Ord. 0987 2000-09-11ORDINANCE NO. 987
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, WAIVING THE ENCROACHMENT OF
SUBDIVISION ENTRYWAY TREATMENTS INTO THE CITY'S
RIGHTS -OF -WAY LOCATED AT THE INTERSECTIONS OF
BAILEY ROAD AT QUAIL RUN DRIVE AND HARKEY ROAD AT
RAVENWOOD DRIVE, IN THE CITY OF PEARLAND, BRAZORIA
COUNTY, TEXAS.
WHEREAS, the owner of the subject property has requested waiver of the
proposed encroachment and acknowledge that such waiver extends only for such time
as the entryway treatments 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
subdivision entryway treatments into the City's rights -of -way located at the
intersections of Bailey Road at Quail Run Drive and Harkey Road at Ravenwood Drive,
in the City of Pearland, Brazoria County, Texas.
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.
PASSED and APPROVED ON FIRST READING this the 11 day of
September , A. D., 2000.
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TOM REID
MAYOR
ORDINANCE NO. 987
ATTEST:
PASSED and APPROVED ON SECOND AND FINAL READING this the 25 day
of September , A. D., 2000.
ATTEST:
APPROVED AS TO FORM:
041,..%;-, . Cidet,
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
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PROTECTIVE COVENANTS
R. West Development ("West") is the owner of record of a certain tracts or
parcels of land generally located at the intersections of Bailey Road at Quail Run Drive
and Harkey Road at Ravenwood Drive, in the City of Pearland, Brazoria County, Texas
("Property"). The City of Pearland, a Municipal Corporation organized and existing
pursuant to the laws of the State of Texas ("City"), owns the rights -of -way called
Bailey Road, Quail Run Drive, Harkey Road, and Ravenwood Drive.
City acknowledges and consents to the encroachment of subdivision entryway
treatments into the City's rights -of -way located at the intersections of Bailey Road at
Quail Run Drive and Harkey Road at Ravenwood Drive 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.
WEST 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
WEST, WEST'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
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NEGLIGENCE OF CITY, ITS OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, OR
ASSIGNS. WEST 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. IT IS THE EXPRESSED
INTENTION OF BOTH WEST AND CITY THAT THE INDEMNITY PROVIDED FOR IN
THIS SECTION IS INDEMNITY BY WEST 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 West expressly acknowledges and
consents to this right, to remove without liability therefor, 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 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.
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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 a(, day of prAzi1 t , 20 OD .
CITY OF PEARLAND
By:
Alan Mueller
Interim City Manager
R. WEST DEVELOPMENT
By:
Printed Name: 1�er.J..e_ t--wc—st
Title: ` R.e s.4.4...,'t
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THE STATE OF TEXAS
COUNTY OF BRAZORIA
BEFORE ME, the undersigned Notary Public, on this day personally appeared
Glen R. Erwin, City Manager of the City of Pearland, Texas, known to me to be the
person whose name is subscribed to the foregoing instrument and acknowledged to
me that he executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS cz? DAY OF
7PMmUSfti , A.D., 20 ov .
YOUNG LORFING
Notary Public, State of Texas
Commission Expires 4-3-01
THE STATE OF TEXAS §
COUNTY OF ,I54'4ZQR/4 §
Commission Expires:
Printed Name: )9 i6 Zo..CFia6
BEFORE ME, the undersigned Notary Public, on this day personally appeared
/QENE ' ,L . LJ E s T , 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
C roj4ER, A.D., 20 DO .
LINDA HOUSTON
NOTARY PUBLIC
State of Texas
Comm. Exp. 03-29-2004
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NOTARY PUBLIC, STATE OF TEXAS
Commission Expires:
-3/,EVo4Z
Printed Name: I. / y z 9 i-loIfST pv/
Exhibit "A"
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