Ord. 0667 12-20-93ORDINANCE NO. 667
AN ORDINANCE WAIVING THE ENCROACHMENT OF CERTAIN FENCES
AND A TOOL SHED INTO THE DEDICATED RIGHT-OF-WAY OF OLD
DIXIE FARM ROAD, BETWEEN WILLITS DRIVE AND CLEAR CREEK.
WHEREAS, the owners of the subject property have requested
waiver of the existing encroachment and acknowledge that such
waiver extends only for such time as the fences shall remain in
existence; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City of Pearland hereby waives the
encroachment of certain fences and a tool shed extending ten feet
or less into the dedicated, but unimproved, right-of-way for Old
Dixie Farm Road, adjacent to 1601 Willits Drive. Exhibit "A",
hereof, which is annexed hereto and incorporated herein by
reference, generally portrays the location of the subject tract and
encroachment.
Section 2. This waiver is effective only to the extent of the
encroachment generally described on the annexed Exhibit.
Section 3. This waiver is further effective only upon the
execution of the Protective Covenants in a form acceptable to any
affected utility and City of Pearland.
PASSED and APPROVED on First Reading this the /3 day of
ATTEST:
YEW JONES
CITY SECJI TARY
D., 1993.
C. V. CO P NGER
MAYOR
ORDINANCE NO. 667
PASSED and APPROVED on Second and Final Reading this the o2 0
day orf!J� , A. D., 1993.
ATTEST:
PAT JONES
CITY SECRETARY
APPROVED AS TO F
DICK GREGG,
CITY ATTORNEY
2
C. V. C••P 'G
MAYOR
PROTECTIVE COVENANTS
RONALD PARTRIDGE AND WIFE, SUSAN PARTRIDGE are the owners of
record of a certain tract, or parcel of land, generally described
as Lot 5, Block 3, McGinnis Subdivision, and being generally at or
near the intersection of Willits Drive and Old. Dixie Farm Road, in
Pearland, Texas. CITY OF PEARLAND, a Municipal Corporation and
Body Politic, organized and existing pursuant to the laws of the
State of Texas, is trustee for the public of that certain right-of-
way comprising Old Dixie Farm Road.
CITY OF PEARLAND acknowledges and consents to the encroachment
of one tool shed and fences which extend ten feet or less into the
dedicated, but unimproved right-of-way of Old Dixie Farm Road.
CITY OF PEARLAND's acknowledgment and consent is specifically
limited to the encroachment herein described, and as described in
the Ordinance waiving encroachment, and no additional encroachment
of any nature whatsoever shall be construed as having been
consented to herein.
RONALD PARTRIDGE AND WIFE, SUSAN PARTRIDGE agree and covenant
to indemnify and hold harmless CITY OF PEARLAND, its successors and
assigns, from and against any and all liability, claims, losses,
demands, injury or other casualty to property or to persons,
including costs and attorney's fees, caused by, growing out of, or
occurring in connection with the hereinabove referenced
encroachment into the dedicated right-of-way of Old Dixie Farm
Road, even if CITY OF PEARLAND is shown to be negligent or grossly
negligent in whole or in part.
CITY OF PEARLAND expressly reserves the right, and RONALD
PARTRIDGE AND WIFE, SUSAN PARTRIDGE, expressly acknowledge and
consent to this right, to remove without liability therefore, any
material or structure contributing to the encroachment acknowledge
herein, should such removal be desirable in order for CITY OF
PEARLAND to gain access for any reason whatsoever to the CITY OF
3
PEARLAND's properties in or on such right-of-way. The parties
hereto expressly agree that CITY OF PEARLAND shall in no way be
liable for any removal and/or damage done to such materials and/or
structures. Furthermore, the parties hereto specifically agree
that CITY OF PEARLAND shall under no circumstances be under any
duty or responsibility to restore any materials and/or structures
so removed and/or damaged.
The conditions and covenants are hereby declared to be
covenants running with the land and shall be fully binding upon all
persons acquiring any interest in the property, describe herein,
whether by descent, demise, purchase, gift or otherwise.
ACCEPTED and AGREED to this the- "'day of
1993.
THE STATE OF TEXAS
COUNTY OF BRAZORIA
CITY OF PEARLAND
NALD PART DGE
R ID
SUSAN PA
GE
ACKNOWLEDGMENT
§
§
eJ
BEFOR E, t e undersigned authority, on this day personally
appeared , known to me to be the person whose
name is subscribed to the foregoing instrument of writing, and
acknowledged to me that he executed the same for the purposes and
consideration therein expressed and as an act and deed of said CITY
OF PEARLAND, TEXAS.
GIV N UNDER MY HAND AND SEAL OF OFFICE, this the R/ day of
, 1993.
--rZ4-4-z5v7 `;2"-4
,_ KS NOTARY PUBLIC IN AND FOR THE
"'as STATE OF TEXAS
r-`7?..;
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF BRAZORIA
BEFORE ME, the undersigned authority, on this day personally
appeared RONALD PARTRIDGE, known to me to be the person whose name
is subscribed to the foregoing instrument of writing, and
acknowledged to me that he executed the same for the purposes
therein contained.
4
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the .2 / day of
A% , 1993.
0000 00000000000000000000 0000
PATSY JONES
Notary Public, State of Texas
My Coauniaaion Expires 05-29-1994
THE STATE OF TEXAS
c>
NOTAR` k C IN AND FOR THE
S TE OF TEXAS
ACKNOWLEDGMENT
COUNTY OF BRAZORIA §
BEFORE ME, the undersigned authority, on this day personally
appeared SUSAN PARTRIDGE, known to me to be the person whose name
is subscribed to the foregoing instrument of writing, and
acknowledged to me that she executed the same for the purposes
therein contained.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the `Z ' day of
:e- , 1993.
0000 00®00000000000m
PATSY JONES
Notary Public, State of Texas
My Commission Expires 05-29-1994
5
NOTARY P
N AND FOR THE
AT OF TEXAS