Ord. 0992 2000-12-11ORDINANCE NO. 992
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, WAIVING THE ENCROACHMENT OF A
SUBDIVISION GROUND SIGNS INTO THE CITY'S RIGHT-OF-WAY
LOCATED AT THE INTERSECTIONS OF MILLER RANCH ROAD
AND WEST HAMPTON DRIVE, AND HUGHES RANCH ROAD AND
SOUTH HAMPTON DRIVE, IN THE CITY OF PEARLAND,
BRAZORIA COUNTY, TEXAS.
WHEREAS, the owner of the subject property has requested waiver of the
existing encroachment and acknowledge that such waiver extends only for such time
as the sign 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 ground signs into the City's rights -of -way located at the intersections of
Miller Ranch Road and West Hampton Drive, and Hughes Ranch Road and
South Hampton 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
December , A. D., 2000. r�
TOM REID
MAYOR
1
ORDINANCE NO. 992
ATTEST:
PASSED and APPROVED ON SECOND AND FINAL READING this the
11 day of December , A. D., 2000.
ATTEST:
APPROVED AS TO FORM:
CLAkimAAA, NI'Lt-
DARRIN M. COKER
CITY ATTORNEY
2
TOM REID
MAYOR
PROTECTIVE COVENANTS
LinGo Properties, Inc. ("LinGo") is the owner of record of a certain tract or parcel
of land generally located at the intersections of Miller Ranch Road and West Hampton
Drive, and Hughes Ranch Road and South Hampton 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 West Hampton Drive and South Hampton Drive.
City acknowledges and consents to the encroachment of subdivision ground
signs into the City's rights -of -way located at the intersections of Miller Ranch Road
and West Hampton Drive, and Hughes Ranch Road and South Hampton 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.
LINGO 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 LINGO, LINGO'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
1
ASSIGNS. LINGO 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 LINGO AND CITY THAT THE INDEMNITY PROVIDED FOR IN
THIS SECTION IS INDEMNITY BY LINGO 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 LinGo 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.
2
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 I I day of PeGkel be
20 CO .
CITY OF PEARLAND
By:
Alan R. Mueller
Interim City Manager
LINGO PROPERTIES, INC.,
OWNER
By: / I
Printed Name: 7,r,,,p,
Title: vie. t - PRes�o#.y}
3
THE STATE OF TEXAS
COUNTY OF BRAZORIA
BEFORE ME, the undersigned Notary Public, on this day personally appeared
Alan R. Mueller, Interim 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 DAY OF
,A.D.,20
NOTARY PUBLIC, STATE OF TEXAS
Commission Expires:
Printed Name:
THE STATE OF TEXAS §
COUNTY OF al C4
BEFO , the undersigned Notary Public, on this day personally appeared
/ %cavil` �, : 'k , known to me to be the person whose name is
subscribed to the for oing instrument and acknowledged to me that he/she executed
the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OFFICE THIS /f( DAY OF
GC 11U..lt'Z-2, A.D., 20 0/
CEEU - RCES MARRY
NOTARY PUBLIC
Stato of Texas
Comri ..; a u7-14-2002
4
Commission Expires: 07--I (; 2_.-
Printed Name: eft//_F/09/uC-" /flA )
SOUTH HAMPTON
SUBDIVISION
ENTRY FENCE and SIGNAGE
LinGo Properties Inc.
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November 20, 2000
Gene Tumlinson
City of Pearland
3519 Liberty Drive
Pearland, TX 77581
819 S Illinois Dr.
League City, Texas 77573
Phone 281-335-1633
Fax 281-332-9229
RE: South Hampton Subdivision — Esplanade Monument Signs
Dear Mr. Tumlinson,
As per your conversation with myself and Kevin Price last Thursday afternoon at
your office, I am requesting a "Waiver of Encroachment" on the two esplanade
monument signs for South Hampton Subdivision. They are marked "A" on the
enclosed "Entry Fence and Signage" plans by Lingo Properties, Inc. The larger "C"
monument sign has been moved to the corner of Miller Ranch Rd. and Hughes
Ranch Rd. within the property lines.
I understand that this "Waiver of Encroachment" must be approved by the City
Council. Please place this item on the soonest available meeting agenda. Please
advise me of the date for this meeting so I may attend. Thanks for your help. Your
cooperation this matter is greatly appreciated.
Project Manag-r
GENERAL CORA T R `