Ord. 0988 2000-09-25ORDINANCE NO. 988
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, WAIVING THE ENCROACHMENT OF A
TWO-INCH (2") WATER LINE AND METER BOX INTO THE CITY'S
RIGHT-OF-WAY LOCATED ALONG BROADWAY STREET WEST
OF STATE HIGHWAY 288, IN THE CITY OF PEARLAND.
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
installs a water main along Broadway Street west of State Highway 288; 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
2,460 foot two-inch (2") water line and meter box into the City's right-of-way located
along Broadway Street west of State Highway 288, in the City of Pearland.
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 25
September , A. D., 2000.
1
TOM REID
MAYOR
day of
ORDINANCE NO. 988
ATTEST:
PASSED and APPROVED ON SECOND AND FINAL READING this the 9 day
of October
ATTEST:
, A. D., 2000.
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
‹...........---)'‘1-77
TOM REID
MAYOR
2
ORd. AA > f ,.
PROTECTIVE COVENANTS
New Harvest Christian Church ("Church") is the owner of record of a certain
tract or parcel of land generally located west of State Highway 288, in the City of
Pearland. 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 west of
State Highway 288 called Broadway Street.
City acknowledges and consents to the encroachment of a 2,460 foot two-inch
(2") water line and meter box into the City's right-of-way located along
Broadway Street west of State Highway 288 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
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encroachment of any nature whatsoever shall be construed as having been consented
to herein.
CHURCH 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
CHURCH, CHURCH'S SUCCESSORS OR ASSIGNS, OCCURRING IN CONNECTION
WITH THE HEREINABOVE REFERENCED ENCROACHMENT INTO THE CITY'S RIGHT-
OF-WAY, AND WHICH ARE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE
OF CITY, ITS OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, OR ASSIGNS.
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CHURCH 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
CHURCH AND CITY THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION IS
INDEMNITY BY CHURCH 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 Church 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. Church expressly agrees to abandon and remove the
two-inch (2") water line and meter box referenced herein upon the installation by the
City of a water main along Broadway Street west of State Highway 288. 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
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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 10 day of October
CITY OF PEARLAND
By:
,2000 .
gle„
Printed Name: Alan Mueller
Title: Interim City Manager
NEW HARVEST CHRISTIAN CHURCH,
OWNER
By: Gl�1 sw+,
Print Name: /O t?/y ANGE.tsaA/
Title: P4$T4w=.
3
THE STATE OF TEXAS
COUNTY OF 3l rawri ct,
BEFORE ME, the undersigned Notary Public, on this day personally appeared
A( �R. Mta,el(er , known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he/sliasexecuted
the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS oi"° DAY OF
N4\,)ery,-be., A.D., 200D .
1
USA D. JONES
NOTARY PUBLIC - STATE OF TEXAS
MY COMMISSION EXPIRES
SEPTEMBER 21, 2003
THE STATE OF TEXAS §
Y Za'f. §
COUNTY OF
NOTARY PUBLI
, STATE OF TEXAS
Commission Expires: 9/ 40 3
Printed Name: Lt Saz. , 1-Dn e J
EF RE E, the undersigned Notary Public, on this day personally Ke.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 I/)`i'h DAY OF
1 yn i f , A.D., 2000
LA-6Z-7--t-4-J o4ur/
NOTARY PUBLIC, STATE OF TEXAS
Commission Expires: 1- 6 -0
i(131 fa., ShG1.11-e
Printed Name:
4
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