Ord. 0944 1999-11-22ORDINANCE NO. 944
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 SUNRISE BOULEVARD
AND FM 518, 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
Sunrise Boulevard and FM 518, 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
Novemher , A. D., 1999.
22nd day of
TOM REID
MAYOR
1
ORDINANCE NO. 944
ATTEST:
PASSED and APPROVED ON SECOND AND FINAL READING this the
13th day of December , A. D., 1999.
ATTEST:
/1111f
if O U N '�f'I N
ITY ' RETARY/
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
2
COPY
PROTECTIVE COVENANTS
Amvest Corporation ("Amvest") is the owner of record of a certain tract or parcel
of land generally located at the intersection of Pine Hollow Drive and FM 518, in the
City of Pearland, Brazoria County, Texas, and being more particularly depicted in the
plat attached hereto as Exhibit "A" 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 a subdivision ground
sign into the City's right-of-way located at the intersection of Sunrise Boulevard and
FM 518 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.
AMVEST 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 AMVEST, AMVEST'S HEIRS, EXECUTORS, ADMINISTRATORS,
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. AMVEST
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 AMVEST AND CITY THAT THE INDEMNITY PROVIDED FOR IN
THIS SECTION IS INDEMNITY BY AMVEST 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 Amvest 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 /3 -# day of AECL'/Y25c!�.
19g1 .
CITY OF PEARLAND
City Manager
AMVEST CORPORATION,
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 \ (I ' DAY OF
-3>eeew.-yer , A.D., 19 g9 .
THE STATE OF TEXAS
COUNTY OF
NOTARY PUBL C, STATE OF TEXAS
Commission Expires: 9A Abb3
Printed Name: L s a . SO ne s
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., 19 .
NOTARY PUBLIC, STATE OF TEXAS
Commission Expires:
Printed Name:
4
Exhibit "A"
5
r
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
ite of Texas
izoria and Harris Counties
dandy. Emmons, hereby certify that the notice hereby appended was published
3razoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
;ulation in Brazoria and Harris Counties, for . / issues, as follows:
No % Date°al
No Date 20
No. Date 20
No - Date
20
No.. Date 20
scribe and sworn to before me this
President
URA x. pirE:9A,o _NA
S
4:44 �mmissin. :Tex
ry. Public Ow -
Laura Ann Emmo
er
Notary Public, State of Texas
Published A!tlust_23 & 30,
2000 --
-NOTICE-OF A JOINT PUB-
LICHEARING OF THE CITY
COUNCIL AND'THE PLAN-
-NING SAND ZONING COM-
MISSION OF THE CITY•OF
'PEARLAND,TEXAS
Notice is hereby given that on.
'the 11th day of "September,
2000, at 6:30 p.m:, the;City
Council and the Planning and
Zoning Commission of the
City of Pearland,'Brazoria,
Harris and Fort Bend
Counties, Texas, will conduct'
a Joint Public Hearing in the
Council Chambers, City Hall;
3519 Liberty Drive, Pearland,'
Texas, on the 'request of
David P. & Kimberly A.
Northup, 'owner, 'for an
amendment to the Land Use,
and Urban Development'
Ordinance of said City from
Classification •Suburban
Development District (SD) to
'Single Family Dwelling•District
(R-1) - on•. "the' :following
described property; to wit:.,
South 1/2 of the North 1/2 of.
"Lot'2, Allison Richey Gulf
Coast •Home Co. Subdivision;
Sect: 20, H.T. & B.R.R. Co.'
survey, A-506, pg. 2 of the
plat records of Brazoria4Co.,
TX; also known as :Tract 2B
(Soho Drive) • •
At "said hearing all.interested
parties shall have' the right
and opportunity to appear and
be heard on the subject. •
. /s/ Young Coding
City Secretary
APPLICATION NO. 944
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
Texas
i and Harris Counties
Emmons, hereby certify that the notice hereby appended was published
,ria and Harris Counties in THE REPORTER NEWS, a newspaper of general
)n in Brazoria and Harris Counties, for / issues, as follows:
Date
Date
Date
Date
Date
President
and sworn to before me this day o
',Published Aisaust 23 & 30,
2000
NOTICE -OF -A JOINT -PUB--
LIC HEARING OF THE CITY
COUNCIL AND THE PLAN-
INING AND ZONING COM-
MISSION OF THE CITY OF
PEARLAND, TEXAS
I .
;Notice is hereby.given that on
',the 11th day of September,
'2000, at 6:30 p.m., the City
!Council and,the Planning and.
;Zoning Commission of .the
: City of Pearland,-Braioria,
f Harris and Fort Bend
Counties, Texas, will conduct
la Joint Public Hearing in the-
; Council Chambers, City, Hall,
3519 Liberty Drive, Pearland,
Texas, on the request of
,.David P. & Kimberly A.
!Northup, ,owner, for an
(amendment to the Land Use
land Urban Development:
Ordinance of said City from
Classification Suburban
Development District '(SD) -to
Single Ferhily-Dwelling;DistricC
;(R-1) ,. on. -the -following
described propeity, to .wit: • ,.
` South 1/2 of the North 1/2-of
Lot 2, 'Allison Richey' Gulf
Coast Home Co.. Subdivision, ,
.Sect. 20, H;T. & B.R.R. Co.
survey, A-506, pg. 2 of'the
plat records'of Brazoria Co.,
TX; also known as Tract 2B
(Soho Drive)
At said hearing all interested
;parties shall.have the right
and opportunity to appear and
be heard on the subject.
/s/ Young Lorfing' '
'City Secretary
APPLICATION NO. 944