Ord. 1081 10-14-02ORDINANCE NO. 1081
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, WAIVING THE ENCROACHMENT OF RESIDENTIAL DWELLING
INTO A UTILITY EASEMENT AND DRAINAGE EASEMENT OWNED BY
THE CITY.
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 utility
easement and 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
residential dwelling located at 2810 Green Tee Drive (Property) into a utility easement and
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. This waiver is further contingent upon the conveyance by the owner, to
the City, of any additional easement area deemed necessary by the City Engineer for the
relocation of the above referenced drainage pipe.
Section 5. This waiver is further contingent upon the owner securing written
releases from each of the public utilities holding franchises in the City of Pearland.
ORDINANCE NO. 1081
PASSED and APPROVED ON FIRST READING this the 14 day of
October
, A. D., 2002.
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TOM REID
MAYOR
ATTEST:
NG L
Y SE ETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
ORDINANCE NO. 1081
PASSED and APPROVED ON SECOND AND FINAL READING this the 28th day of
October , A. D., 2002.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
Ordinance No. 1081
PROTECTIVE COVENANTS
Harry W. Locher and Johnelle M. Locher (Locher) are the owners of record of a
certain tract or parcel of land generally located at 2810 Green Tee Drive in the City of
Pearland. City acknowledges and consents to the encroachment of a residential dwelling
into the City's utility easement and 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.
LOCHER 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 WHATSO-
EVER 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 LOCHER, LOCHER'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. LOCHER 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 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 LOCHER 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 Locher expressly acknowledges and consents
to this right, to remove without liability therefore, 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 utility
easement and 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 theZ.( -51- day of �2 \ ,DT-D , 2002.
CITY OF PEARLAND
By:
Bill Eisen
City Manager
Harry W. Locher and Johnelle M. Locher
By:
Printed Name: \ Te.);L- -\
By:
Printer,
ame: ,,.T O C L oc- c '
THE STATE OF TEXAS
COUNTY OF zo r��
BEFORE ME, the undersigned Notary Public, on this day personally appeared
/// f's e— , 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 /' DAY OF
€42C7.4 �e" , A.D., 2002.
PERLA N. LEHMAN
Notary Public, State of Texas
My Commission Expires:
APRIL 2, 2005
THE STATE OF TEXAS §
COUNTY OF I' ri §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
known to me to be the person whose name is
subscribed to the forego' ng`Irrstent and acknowledged to me that he/she executed the
same for the purposes and consideration therein expressed.
DOIV N UNDER MY HAND AND SEAL OF OFFICE THIS ZI4 DAY OF
, A.D., 2002.
NOTARY PUBLIC, STATE OF TEXAS
Commission Expires:
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Printed Name: Je- r'-/Q `��✓
AUBREY HARBIN
NOTARY PUBLIC,
STATE OF TEXAS
My Commission • 09-i 3-2004
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OTARY PU: , STATE OF TEXAS
Commission Expires: C I t 3
Printed Name: Yti O[ V\
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