Ord. 1075 08-26-02ORDINANCE NO. 1075
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, WAIVING THE ENCROACHMENT OF A TWO STORY BRICK
HOUSE INTO THE CITY'S DRAINAGE EASEMENT.
WHEREAS, the owner of the subject property has requested a waiver of
encroachment and acknowledges that such waiver extends until such time as the City
desires to gain access for any reason whatsoever to the City's interest in or on such
drainage easement; 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 a two-
story brick house located at 1710 South Baden Oaks Drive in the Oakbrook Estates
subdivision into the drainage easement owned by the City.
Section 2. This waiver is effective only to the extent of the encroachment
generally described herein and depicted in Exhibit "A" attached hereto and incorporated
herein for all purposes.
Section 3. This waiver is further effective only upon the execution of the
Protective Covenants in a form acceptable to the City of Pearland.
Section 4. Declaration of Emergency. The Council finds and determines that
the need to regulate encroachments into the City's drainage easement inures to the benefit
of the public and, therefore, bears directly upon the health, safety and welfare of the
citizenry; and that this Ordinance shall be adopted as an emergency measure, and that
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ORDINANCE NO. 1075
the rule requiring this Ordinance to be read on two (2) separate occasions be, and the
same is hereby waived.
PASSED and APPROVED ON FIRST AND ONLY READING this the 26th day
of August , A. D., 2002.
ATTEST:
APPROVED AS TO FORM:
4/1,,-- h.ak.,
DARRIN M. COKER
CITY ATTORNEY
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TOM REID
MAYOR
PROTECTIVE COVENANTS
J. Hill Investments, Inc. ("Hill") is the owner of record of a certain tract or parcel of
land generally located at 1710 South Baden Oaks Drive in the Oakbrook Estates
subdivision in the City of Pearland. City acknowledges and consents to the encroachment
of a two-story brick house into the City's drainage easement as depicted in Exhibit "A."
City's acknowledgment and consent is specifically limited to the encroachment herein
described, and as described in the Ordinance waiving the encroachment, and no additional
encroachment of any nature whatsoever shall be construed as having been consented to
herein.
HILL DOES HEREBY RELEASE, ACQUIT, AND FOREVER DISCHARGE CITY,
ITS OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, AND ASSIGNS FROM ANY
AND ALL CLAIMS, DEMANDS, RIGHTS OR CAUSES OF ACTION OF WHATSOEVER
CHARACTER OR NATURE ARISING FROM OR BY REASON OF ANY AND ALL
BODILY OR PERSONAL INJURIES, INCLUDING DEATH AND MENTAL ANGUISH,
DAMAGE TO PROPERTY AND THE CONSEQUENCES THEREOF WHICH MAY BE
SUSTAINED BY HILL, HILL'S SUCCESSORS OR ASSIGNS, OCCURRING IN
CONNECTION WITH THE HEREINABOVE REFERENCED ENCROACHMENT INTO THE
CITY'S DRAINAGE EASEMENT, AND WHICH ARE CAUSED IN WHOLE OR IN PART
BY THE NEGLIGENCE OF CITY, ITS OFFICERS, AGENTS, EMPLOYEES,
SUCCESSORS, OR ASSIGNS. HILL SHALL KEEP AND HOLD HARMLESS CITY, ITS
OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, AND ASSIGNS FROM ANY AND
ALL COST, LIABILITY, DAMAGE OR EXPENSE OF ANY NATURE AND HOWSOEVER
CAUSED, CLAIMED OR RECOVERED BY ANYONE BY REASON OF INJURY TO OR
DEATH OF ANY PERSON OR PERSONS OR DAMAGE TO OR DESTRUCTION OF
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PROPERTY CAUSED BY OR RESULTING FROM THE NEGLIGENCE OF CITY, ITS
OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, OR ASSIGNS ARISING IN
CONNECTION WITH THE HEREINABOVE REFERENCED ENCROACHMENT, TO THE
EXTENT ALLOWED BY LAW. IT IS THE EXPRESSED INTENTION OF BOTH HILL AND
CITY THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION IS INDEMNITY BY
DISTRICT TO INDEMNIFY AND PROTECT CITY FROM THE CONSEQUENCES OF THE
NEGLIGENCE OF CITY, ITS OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, OR
ASSIGNS WHETHER SUCH NEGLIGENCE BE SOLE, JOINT, OR CONCURRENT,
ACTIVE OR PASSIVE. THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE
TERMINATION, EXPIRATION, OR CANCELLATION OF THIS AGREEMENT.
City expressly reserves the right, and Hill expressly acknowledges and consents to
this right, to remove without liability therefor, any material or structure contributing to the
encroachments acknowledged herein, should such removal be desirable in order for the
City to gain access for any reason whatsoever to the City's interests in or on such drainage
easement. The parties hereto expressly agree that City 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 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 2-7 day of A14i r , 2002.
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CITY OF PEARLAND
By:
Bill Eisen
City Manager
J. HILL INVESTMENTS, INC.
OWNER
Printe ame: is. #9/
Title: Q rc.s. Je ti #
3
THE STATE OF TEXAS
COUNTY OFZa 1.
BEFORE ME, the undersigned Notary Public, on this day personally appeared
�i7/ , known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he/she executed the
same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 2 7 DAY OF
, A.D., 2002.
6. 1,. PERLA N. LEHMAN
Notary Public, State of Texas
P My Commission Expires:
'�reors APRIL 2, 2005
THE STATE OF TEXAS §
COUNTY OF -BreA-xve..LA §
-(NOTARY PUBLIC, STATE OF TEXAS
Commission Expires: i,r/ oo'5'
Printed Name:
BEFORE ME, the undersigned Notary Public, on this day personally appeared
John Adar 4-1-; I I , known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he/she executed the
same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 7-7 DAY OF
ILsf• , A.D., 2002.
N AR=_IC, STATE OF TEXAS
Commission Expires: '7- /5--2-60co
Printed Name: Jam''' --fir- K . 5.-r„.44+
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EXHIBIT
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5► L =< 13.02' FINAL SURVEY
SOUTH BADEN OAKS DRIVE
* BRAZORIA COUNTY CLERK'S FILE No. 99-014418.
TO THE UENHOLDERS (IWAYLOAN) AND / OR THE OWNERS
AND TO SOUTHLAND TITLE (FRIENDSWOOD),
The undersigned does hereby certify that this survey was
ground of the property legally described hereon and is
no descrepancies, encroachments, overlapping of improvements,
right of way, except as shown hereon, and that said property
from a dedicated roadway.
Dated this the 8TH day of AUGUST, 2002.
SIGNED.
(50' R.O.W.)
OF THE PREMISES SURVEYED
this day made on the
correct, and that there are
easements or
has access to and
NEAL D. WILLINGHAM, RPLS NO. 4104 D.E. DENOTES DRAINAGE EASEMENT
CM DENOTES CONTROL MONUMENT B.L DENOTES BUILDING UNE. S.S.E. DENOTES SANITARY SEINER EASJ#IENr.
NOTE The surveyor has not abstracted this survey. U.E. DENOTES U11LRY EASEMENT. W.S.E. DENOTES WATER AND SEWER EASEMENT.
PLAT FOR: JASON PIERCE MAY DBA JN
ADDRESS: 1710 SOUTH BADEN OAKS DRIVE
SUBD.: OAKBROOK ESTATES INVESTMENTS
PEARLAND, BRAZORIA COUNTY, TEXAS
SEC,: 4 LOT: 23 BLOCK: 1
SCALE: 1" = 20' REV.:
VOL.: 20 PG.: 245-248 M.R.B.C. DRAWN BY: SPS
G.F. No.: 2002 PL 483972-V JOB No.: 8508
H 4 W. SURVEYING INC. 10210 FUQUAA,, HOUSTON, TX 77089 (713)941-woo FAX(713)941 —5202
Vicinity Map
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