Ord. 1118 06-23-03No Second Reading
ORDINANCE NO. 1118
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, WAIVING THE ENCROACHMENT OF SEWER AND ELECTRICAL
LINES INTO A UTILITY 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 or a
Public Utility desires to gain access for any reason whatsoever to the City's interest in or on
such utility easement.
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 sewer
and electrical lines located at 2304 Evergreen (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. The owner of the property is responsible for securing written releases
from each of the public utilities holding franchises in the City of Pearland.
ORDINANCE NO. 1118
PASSED and APPROVED ON FIRST READING this the
June , A. D., 2003.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
23rd day of
TOM REID
MAYOR
ORDINANCE NO. 1118
PASSED and APPROVED ON SECOND AND FINAL READING this the day of
, A. D., 2003.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
PROTECTIVE COVENANTS
Frances R. DeVata (DeVata) is the owner of record of a certain tract or parcel of
land generally located at 2304 Evergreen in the City of Pearland. City acknowledges and
consents to the encroachment of sewer and electrical lines into the City's utility 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.
DEVATA 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 DEVATA, DEVATA'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. DEVATA 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 DEVATA 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 or any public utility expressly reserves the right, and DeVata 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. 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 day of , 2003.
CITY OF PEARLAND
By:
Bill Eisen
City Manager
Frances R. DeVata
By:
Printed Name:
THE STATE OF TEXAS §
§
COUNTY OF §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
, 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
A.D., 2003.
NOTARY PUBLIC, STATE OF TEXAS
Commission Expires:
Printed Name:
THE STATE OF TEXAS §
§
COUNTY OF §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
, 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
, A.D., 2003.
NOTARY PUBLIC, STATE OF TEXAS
Commission Expires:
Printed Name:
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