Ord. 1139 11-08-03ORDINANCE NO. 1139
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, WAIVING THE ENCROACHMENT OF MONUMENT SIGNS INTO
THE CITY'S RIGHT-OF-WAY AT THE INTERSECTION OF SCHLEIDER
DRIVE AND ORANGE STREET.
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
right-of-way; 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
monument signs into the City's right-of-way of located at the intersection of Schleider
Drive and Orange Street.
Section 2. This waiver is effective only to the extent of the encroachments
generally described herein and depicted in Exhibits "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.
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ORDINANCE NO. 1139
PASSED and APPROVED ON FIRST READING this the 24th
November , A. D., 2003.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
2
day of
TOM REID
MAYOR
ORDINANCE NO. 1139
PASSED and APPROVED ON SECOND AND FINAL READING this the 8th day of
December , A. D., 2003.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
t �y
TOM REID
MAYOR
3
Exhibit "A"
Ordinance No. 1139
PROTECTIVE COVENANTS
R H of Texas, Limited Partnership ("RH") is the owner of record of certain
property generally located at the intersection of Schleider Drive and Plum Street and
Orange Street. The City of Pearland, a Municipal Corporation organized and existing
pursuant to the laws of the State of Texas ("City"), owns the right-of-way located at
the intersection of Schleider Drive and Plum Street and the intersection of Schleider
Drive and Orange Street.
City acknowledges and consents to the encroachment of monument signs into
the City's right-of-way 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 encroachment, and no additional encroachment of any nature
whatsoever shall be construed as having been consented to herein.
RH 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
RH, RH'S SUCCESSORS OR ASSIGNS, OCCURRING IN CONNECTION WITH THE
HEREINABOVE REFERENCED ENCROACHMENT INTO THE CITY'S RIGHTS -OF -WAY,
AND WHICH ARE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF CITY,
ITS OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, OR ASSIGNS. RH SHALL
KEEP AND HOLD HARMLESS CITY, ITS OFFICERS, AGENTS, EMPLOYEES,
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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 RH 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 CANCELLA-
TION OF THIS AGREEMENT.
City expressly reserves the right, and RH expressly acknowledges and consents
to this right, to remove without liability therefore, any material or structure contributing
to the encroachment 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 rights -of -way. 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.
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THE STATE OF TEXAS
COUNTY OF z s
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 9 DAY OF
e-rq , A.D., 2003.
C--�NOTARY PUBLIC, STATE OF TEXAS
Commission Expires:
Printed Name:
THE STATE OF TEXAS §
COUNTY OF /j/M/2 /S §
BEFORE ME, the u dersigned Notary Public, on this day personally appeared
77/2-1 ,��C '—`, 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.
GIVE UNDER MY HAND AND SEAL OF OFFICE THIS /% DAY OF
A.D.,2003.
Po
GAIL ANN SALLEE
NOTARY PUBLIC
STATE OF TEXAS
My Comm. Exp. 07-05-2006
Commission Expires:
Printed Name:
4
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