Ord. 0993 2000-12-11ORDINANCE NO. 993
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, WAIVING THE ENCROACHMENT OF A
SUBDIVISION GROUND SIGN INTO THE CITY'S RIGHT-OF-WAY
LOCATED AT THE INTERSECTION OF AUTUMN LAKE TRAIL
AND MILLER RANCH ROAD, 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 a
subdivision ground sign into the City's right-of-way located at the intersection of
Autumn Lake Trail and Miller Ranch Road, 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.
"f)
TOM REID
MAYOR
1
ORDINANCE NO. 993
ATTEST:
PASSED and APPROVED ON SECOND AND FINAL READING this the
11 day of
ATTEST:
December
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
A. D., 2000.
TOM REID
MAYOR
2
'' 9~
PROTECTIVE COVENANTS
TTT & B, LTD. ("TTT&B") is the owner of record of a certain tract or parcel of
land generally located at the intersection of Autumn Lake Trail and Miller Ranch Road,
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 right-of-way called Autumn Lake Trail.
City acknowledges and consents to the encroachment of a subdivision ground
sign into the City's right-of-way located at the intersection of Autumn Lake Trail and
Miller Ranch Road 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.
TTT&B 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 TTT&B, TTT&B'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. TTT&B SHALL KEEP AND HOLD HARMLESS CITY, ITS OFFICERS,
AGENTS, EMPLOYEES, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL COST,
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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 TTT&B AND CITY THAT THE INDEMNITY PROVIDED FOR IN
THIS SECTION IS INDEMNITY BY TTT&B 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 TTT&B 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 ~/ day of ,~~ C~~!~/~ ,
20 i '
CITY OF PEARLAND
By: ~~~
Alan R. ueller
Interim City Manager
T T T & B LTD., OWNER
By:
Print Name: ~,/,¢~~t /c' . /'G7f-2D
Title: ~c~evr< «~ ~•~~/.~~~
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
~':p~ ~~a;•.. Gene Simeon
#.Notary Pubhc, State of Texas
*:
:~\ ..'y } My Commission ExpbES
•. ~~v~r
~' ~'~"'°"' °' NOVEMBER 08, 2004
,.
NOT RY PUBLIC, STATE OF TEXAS
Commission Expires: r ~ ~ ~~t:~ y
Printed Name: ~~~r,~ ~rr,r`'n~,
THE STATE OF TEXAS §
COUNTY OF l~Z f ~- §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
~,~~, k `~(~ 52~~ ~~°U,/~ ,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 ~ DAY OF
~-Q l,~n~. ~ ~/ , A. D., 20 U U .
-;~~'~:: •. Gene Simeon
~';tNotaryPuhl~c,StateotTexas N AR PUBLIC, STATE OF TEXAS
' ' i My Commission Expires
~ -'•
4,;'~+io:K','r' NOVEMBER 08. 2004
Commission Expires: `6 U''(
Printed Name: C^.P~rP - t~MPQ~
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