Ord. 0664 10-25-93ORDINANCE NO. 664
AN ORDINANCE WAIVING THE ENCROACHMENT OF CERTAIN GATE-
POST SUPPORTS INTO THE DEDICATED RIGHT-OF-WAY OF MAGNOLIA
STREET.
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 gate 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 gate post supports extending into the
dedicated unimproved portion of the right-of-way for Magnolia
Street, adjacent to the dedicated and improved Magnolia Street, as
built, at 4271 Magnolia Street. 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 presently existing, and 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 /I/ day of
�w-a-�--� , A. D., 1993.
-eq///e
C. V. �NGER
MAYOR
ATTEST:
PAT JONE
CITY SECS
PASSED and APPROVED on Second and Final Reading this the�2 S
day of � , A. D., 1993.
ATTEST:
PAT JONES
CITY SECTARY
APPROr ED , AS � FORM:
DICK GREG
CITY ATTORNEY
MAYOR
PROTECTIVE COVENANTS
INTERCONTINENTAL MACHINE, INC. is the owner of record of a
certain tract, or parcel of land, generally described as 4271
Magnolia Street, 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 Magnolia Street.
CITY OF PEARLAND acknowledges and consents to the encroachment
of certain gate post supports, extending into the dedicated
unimproved portion of the right-of-way for Magnolia Street,
adjacent to the dedicated and improved Magnolia Street, as built,
at 4271 Magnolia Street. CITY OF PEARLAND's acknowledgment and
consent is specifically limited to theencroachment 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.
INTERCONTINENTAL MACHINE, INC. agrees and covenants 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 Magnolia Street,
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 INTER-
CONTINENTAL MACHINE, INC. expressly acknowledges and consents to
this right, to remove without liability therefor, 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 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, described herein,
whether by descent, demise, purchase, gift or otherwise.
ACCEPTED and AGREED to this the 29th day of October
1993.
CITY OF PEARLAND
INTERCONTINENTAL MACHINE, INC.
By:
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF BRAZORIA
BEFORE ME, the undersigned authority, on this day personally
appeared Paul Grohman , 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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 29th day of
nrtnhPr
, 1993.
NOTARY PUBLIC IN AND FOR THE
STATE OF TEXAS
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF BRAZORIA
BEFORE ME, the undersigned authority, on this day personally
appeared, 4,Py k). /V;kie.,//it/, /, .t/, known to me to be the person whose
name is subscribed to the foregoing instrument of writing, and
acknowledged to me that he/she executed the same for the purposes
and consideration therein expressed and as an act and deed of said
INTERCONTINENTAL MACHINE, INC.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 'P day of
1993.
0000000000000000000000000O000CX)
PATSY JONES
Notary Pt . Slate of Texas
MY Commission Wires05'9`1994
NOTARY IN AND FOR THE
OF TEXAS