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Ord. 0810 1997-08-25 In ProcessORDINANCE NO. 810 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, WAIVING THE ENCROACHMENT OF A PRIVATE SWIMMING POOL INTO THE DEDICATED UTILITY EASEMENT ON LOT 13, BLOCK 1, OF THE RUSTIC OAKS SUBDIVISION, LOCATED AT 1618 INVERNESS LANE, IN THE CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS. WHEREAS, the owner of the subject property has requested waiver of the existing encroachment and acknowledges that such waiver extends only for such time as the swimming pool 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 the swimming pool which extends approximately five (5) feet into a sixteen (1 6) foot wide dedicated utility easement on Lot 13, Block 1, of the Rustic Oaks Subdivision, located at 1 61 8 Inverness Lane, Pearland, Brazoria County, Texas. Section 2. This waiver is effective only to the extent of the encroachment generally described on 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 any affected utility and the City of Pearland. Section 4. This waiver is subject to receipt of releases executed by TCI Cablevision of Houston; Southwestern Bell Telephone Company; Entex, a Nornam Company; and Houston Lighting & Power Company. 1 ORDINANCE NO. 810 PASSED and APPROVED ON FIRST READING this the , A. D., 1997 . TOM REID MAYOR ATTEST: // day of PASSED and APPROVED ON SECOND AND FINAL READING this the day , A. D., 19 97'. ATTEST: APPROV i AS TO FORM: u A 0 ES McCULLO GH 7 CITY AT ' ORNEY TOM REID MAYOR 2 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 �s day of �� ��; , 19 97 . CITY OF PEARLAND By: Paul Grohman City Manager Annette Ayers, Ow er 3 PROTECTIVE COVENANTS Annette Ayers ("Owner"), is the owner of record of a certain tract or parcel of land, generally described as Lot 13, Block 1, Rustic Oaks Subdivision, located at 1618 Inverness Lane, Pearland, Brazoria County, Texas ("Property"). The City of Pearland, a Municipal Corporation and Body Politic, organized and existing pursuant to the taws of the State of Texas ("City"), is trustee for the easement over, under, and across the property. City acknowledges and consents to the encroachment of one private swimming pool which extends approximately five (5) feet into the sixteen (16) foot wide dedicated utility easement located over, under, and across the property. 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. OWNER HEREBY RELEASES, ACQUITS, AND FOREVER DISCHARGES 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 OWNER, OWNER'S HEIRS,, EXECUTORS, ADMINISTRATORS, SUCCESSORS, OR' ASSIGNS, OCCURRING IN CONNECTION WITH THE HEREINABOVE REFERENCED ENCROACHMENT INTO THE DEDICATED UTILITY EASEMENT ON THE PROPERTY, 1 AND WHICH ARE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF CITY, ITS OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, OR ASSIGNS. OWNER 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 OWNER AND CITY THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION IS INDEMNITY BY OWNER 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 Owner 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 properties in or on such right-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 2 ' PUItr:1lq�Ehr r • • I.1/1P 1.I?Z PLAT rtFi1'b:JtU (N V, iq, r, ---- s 1— �32, BRAifRT,4 C L,t4TY FLAT n!Cf)RDS. r, qi ORAtrr•.n r -Nc $I IANk.^. , V <(4 •I . 1Y p+97P^=L Vr'I+CJf -,:r 1,GI:ILI •"-'7t:'.S ;r TESA:.:kI'„ syD cr i i. :VIIVI:VVRi (IF -rYe4 UK. a,r\){%S �Apl GPIISGlT ]r �+ al*nG4,CCf Lf+LNT Lf SIL4tfT Lnr,p rCtalTIC 7:L LL t;il: :RdL';dr t SCWVFYAe� or -;•":. INC, ACCCfT: real S !P7lK:pI1.iIY Clt T11I; Ck',I/U, , rmt ■.� FN:MOSC AfTfR Rik c!-) tOGIIS IHUH tll; SAY[ nottATCC TITct�SE xvY rrGTg '(NA; NAY 9r OttrLC;CP 7Y A r:.L Nt] AC:U;AT[ anti %D.-- c•gro p11IpVATiCo•i: 712 Z•IIJ 73•i6 %N 16,18 INVEr NESS LANE LOT ANEA _ 2,42 'X nv' • • P 1 , 1 t `JI Y `�3v• r �. .. s1 — i• 1 l� `•C -- �.S r. .'• �. . - / -• ,. ��� '` • • . `````.• `M1• `, J• _ QY SURVEY 13, ?i_.00K 1, kU;;TIC: LJAKS PCAF LAND;, . RAZFI-RI(A COUNTY, TEXAS 'ATE, .)-as PLAT 12 AN Ar:t:ItRAT£ REVINIIII REP:9:RT.ITATi17N lir•• TkAT Stntvr.Y :itlRvvr AY: NADF. 0,4 THE I;RE(,lp Wu: R MY DizAwN IIY, SUPER'/_s-iIRJ. THERE. ARE ton r,PNARFU FOltl C£RVELI I MQIi£°r ACRuSENCnuV`ppan-s OR la INFLICTS n} THIS T . r,RT'Y 7NES AT Tllr Tp>,F -URVL.Y, EXCEPT P,s w)wm HLBEAN. • -- .11T:l Il�l.t. EXHIBIT As a; a tit — THE STATE OF TEXAS § COUNTIES OF BRAZORIA § AND HARRIS § BEFORE ME, the undersigned authority in and for said Counties and State, on - this day personally appeared Paul Grohman, known 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 considerations therein expressed, and as his free act and deed. GIVEN UNDER MY, HAND AND SEAL OF OFFICE, this day of , 19 . NOTARY PUBLIC, STATE OF TEXAS Commission Expires: Printed Name: THE STATE OF TEXAS § COUNTIES OF BRAZORIA § AND HARRIS § BEFORE ME, the undersigned authority in and for said Counties and State, on this day personally appeared Annette Ayers, known to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purposes and considerations therein expressed, and as her free act and deed GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 31 day of ,19g1. LISA D. JONES IOTARY PUBIC • STATE OF TEMS MY COMMISSION EXPfRES SEPTEMBER 21, 1999 0Ali NOTARY PUBLI . STATE OF TEXAS Commission Expires: 9/111.//g9 Printed Name: 1.11 sa D. Tor'.ei 4 NOTE TO COUNCIL Remainder of waivers and releases forthcoming -- expected from property owner prior to second reading.