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HomeMy WebLinkAboutOrd. 0953 2000-02-14ORDINANCE NO. 953 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, WAIVING THE ENCROACHMENT OF VARIOUS FACILITIES OF THE FIRST BAPTIST CHURCH, PEARLAND, INTO THE CITY'S RIGHT-OF-WAY LOCATED AT 4201 WEST BROADWAY 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 until such time as the City desires to gain access for any reason whatsoever to the City's interests in or on such right-of-way. 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 various facilities of the First Baptist Church, Pearland, into the City's right-of-way located at 4201 West Broadway, in the City of Pearland, Brazoria County, Texas. Section 2. This waiver is effective only to the extent of the encroachment generally described in Exhibit "A" and depicted in Exhibit "B" 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 14th day of February , A. D., 2000. TOM REID MAYOR 1 ORDINANCE NO. 953 ATTEST: PASSED and APPROVED ON SECOND AND FINAL READING this the 28th day of February , A. D., 2000. ATTEST: • 60(1/ UNG YS:'ETARY APPROVED AS TO FORM: M DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR 2 PROTECTIVE COVENANTS First Baptist Church, Pearland ("Church") is the owner of record of a certain tract or parcel of land generally located at 4201 West Broadway, in the City of Pearland, Brazoria County, Texas, and being more particularly depicted in the plat attached hereto as Exhibit "B" and incorporated herein for all purposes ("Property"). The City of Pearland, a Municipal Corporation and Body Politic, organized and existing pursuant to the laws 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 certain facilities into the City's right-of-way located at 4201 West Broadway depicted in Exhibit "B". 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. 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 WHATSO- EVER 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 OFFICERS, AGENTS, EMPLOYEES, 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, 1 ITS OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, OR ASSIGNS. 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. 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 15th day of February , 2000. CITY OF PEARLAND Glen R. E in City Manager FIRST BAPTIST CHURCH, PEARLAND, OWNER By: Printed Name: Title: 3 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 15th DAY OF February , A.D., 2000. MELISSA HARRIS Notary Public, State of Texas My Commission Expires July 19, 2003 THE STATE OF TEXAS COUNTY OF NOTARY PUBLIC, STATE OF TEXAS Commission Expires: 1-141'O3 Printed Name: co- r BEFORE ME, the undersigned Notary Public, on this day personally appeared , 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 , A.D., 2000. 4 NOTARY PUBLIC, STATE OF TEXAS Commission Expires: Printed Name: 7139933231 TERRA SLIRVEY I NG CO. F-779 T-429 P EXHIBIT :49 TERRA SUR VEYING COMPANY, O N C. Darin Coker City Attorney City of Pearland A� VIA FAX (2$1) $52-1679 Re: Encroachment of various facilities of the First Baptist Church, Pearland into the City of Pearland's public streets or alleys_ We find the following encroachments of permanent structures: Block 15, Lots 20 29 a) approximately 10 square feet of the church structure -the 2-story brick building and 128 square feet of canopy are within the right-of- way (ROW) of Washington Avenue b) approximately 7 square feet of the 2 story brick building are within the ROW of the 20 feet wide alley to the north c) approximately 400 square feet of canopy are within the ROW of the 20' alley d) approximately 150 square feet of enclosed walkway are within the ROW of the 20' alley e) approximately 10 square feet of canopy are within the ROW of Texas Avenue Brock 15, Lots 30 to 32 a) approximately 106 square feet of the 2 story building are within the ROW of the 20' alley to the south b) approximately 200 square feet are chain link fenced air conditioning units within the ROW of the 20' alley to the east Block 15, 16 to 19 a) approximately 90 square feet are chain link fenced air conditioning units within the ROW of the 20' alley to the east b) approximately 265 linear feet of typical sidewalk have been placed within the ROW of the 20` alleys between the 3 buildings TERRA SURVYEING COMPANY, INC. Ernest Roth, R.P.L.S. President 4900 Woodway. • Suite 1000 e. Houston, Texas 7705E * (713) 933-0327 • FAX (713) 993-9231 tG NAIL aL T SP FIRS T BAPTIST CH URCH-PEARLAND VOL. 77, PG. 768 B.C.D.R. N N LC' TWO-STORY INUM-BUILDING--W/ - - CONCRETE FOUNDATION O 7 .8 LOT 79 WEST 125. ASPHALT FIRST BAPTIST CHURCH OF PEARIAND, TE YAS VOL 1.3451 PG. 997 B.C.D.R. Nit CLF EXHIBIT '6' ccESS O , V Cs PLAYGROUND 7117 _ _ 7'Rs2_ B4PTISZ_CHUR H__OF ---- BLDG PEARLAND. TEXAS as. E VOL 1345, PG. 997 B.C.D.R. LCT z, TWO—STORY INUM BUILDING lifr -_ CONCRETE FOUNDATION ASPH WM UP W/LIGHT WEST 270.00' CUT OH— uF SET MAC ASPHA TEL PED m m SWBT MH SWBT MH ©SE MAG NAIL