Ord. 1176 2004-08-23 In ProcessThis Document is
being Processed
ORDINANCE NO. 1176
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, WAIVING THE ENCROACHMENT OF A MONUMENT SIGN INTO
THE CITY'S RIGHT-OF-WAY AT THE INTERSECTION OF MISTY CREEK
LANE AND PEARLAND PARKWAY.
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
desires to gain access for any reason whatsoever to the City's interest in or on such
right-of-way; 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
monument sign into the City's right-of-way of located at the intersection of Misty
Creek Lane and Pearland Parkway.
Section 2. This waiver is effective only to the extent of the encroachment
generally described herein and depicted in Exhibits "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.
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ORDINANCE NO. 1176
PASSED and APPROVED ON FIRST READING this the 23rd day of
August , A. D., 2004.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
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TOM REID
MAYOR
ORDINANCE NO. 1176
PASSED and APPROVED ON SECOND AND FINAL READING this the day of
, A. D., 2004.
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
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PROTECTIVE COVENANTS
RH of Texas, L.P. ("RH") is the owner of record of certain property generally
located at the intersection of Misty Creek Lane and Pearland Parkway. 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 located at the intersection of Misty
Creek Lane and Pearland Parkway.
City acknowledges and consents to the encroachment of a monument sign into
the City's right-of-way as 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.
RH 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
RH, RH's SUCCESSORS OR ASSIGNS, OCCURRING IN CONNECTION WITH THE
HEREINABOVE REFERENCED ENCROACHMENT INTO THE CITY'S RIGHTS -OF -WAY,
AND WHICH ARE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF CITY,
ITS OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, OR ASSIGNS. RH SHALL
KEEP AND HOLD HARMLESS CITY, ITS OFFICERS, AGENTS, EMPLOYEES,
SUCCESSORS, AND ASSIGNS FROM ANY AND ALL COST, LIABILITY, DAMAGE OR
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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, TO THE EXTENT ALLOWED BY LAW. IT IS THE
EXPRESSED INTENTION OF BOTH RH AND CITY THAT THE INDEMNITY PROVIDED
FOR IN THIS SECTION IS INDEMNITY BY DISTRICT 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 CANCELLA-
TION OF THIS AGREEMENT.
City expressly reserves the right, and RH expressly acknowledges and consents
to this right, to remove without liability therefore, 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 rights -of -way. 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
CITY OF PEARLAND
By:
3
, 2004.
Bill Eisen
City Manager
RH of Texas L.P.
OWNER
By:
Printed Name:
Title:
THE STATE OF TEXAS
COUNTY OF
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., 2004.
NOTARY PUBLIC, STATE OF TEXAS
Commission Expires:
Printed Name:
4
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Landscape Architecture Master Planning
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® TRANSMITTAL
FACSIMILE
To: Darren Coker Date: 8/10/04
City Attorney
City of Pearland
Project: Creekside
Fax No.:
From: Bob Atwood Pages to follow: 2
Note: If this received in error or contains incorrect information please contact the office at the phone number
listed below. Thank you.
Comments:
Mr. Coker:
Attached are sketches for the median signwall at Creekside, we discussed on the
phone last week. We would like this proposal to be submitted to City Council for
approval.
Because there is a catch basin nearby that can't be moved we are proposing the
wall be raised so it is visible above the drainage swale it will sit in. It will also have
an opening in it to accommodate drainage into the catch basin.
Conceptually the opening is created with a concrete pipe section, clad with stone.
We would also like to incorporate minimal planting comprised of low groundcover
and shubs. Along with that we would like to add stonework, small gravel and some
small boulders to recreate a `Creek ' theme back in to the project which fits well in
this scheme. This will also help with the flow of water through the wall.
Call me if you have any questions. Thank you.
Bob Atwood
LA/3 Landscape Architects
701 First Street
Humble, Texas 77338
Tel. 281-361-9862 Fax 287 36rg863
bobatwood@la3larch.com
Emergency Medical Services Director Jeff Sundseth stated he has had discussions with
the Fort Bend County Emergency Medical Director regarding the development out on
the west side of Pearland and into Fort Bend County. They decided there needs to be
an agreement between the two services regarding assistance rendered.
Discussion ensued among Council and Staff regarding Emergency Medical Service
Station locations.
Emergency Medical Services Director Jeff Sundseth this generally covers the area of
Shadow Creek Ranch into Fort Bend County.
Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 1176 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, WAIVING THE ENCROACHMENT
OF A MONUMENT SIGN INTO THE CITY'S RIGHT-OF-WAY AT THE INTERSECTION
OF MISTY CREEK LANE AND PEARLAND PARKWAY. Mr. Darrin Coker, City
Attorney.
Mayor Pro-Tem Viktorin made the motion, seconded by Councilmember Tetens, to
approve Ordinance No. 1176 on its first reading.
City Manager Bill Eisen stated this is a monument sign that will be in the median of
Pearland Parkway in the City's right-of-way.
Councilmember Marcott asked if this monument would obstruct the view of traffic.
Bob Atwood, 19918 Sun Dance Drive, addressed Council and gave details regarding
the set back of the monument.
Discussion ensued among Council, Staff, and Mr. Atwood regarding the sign possibly
obstructing the view of traffic. It was determined that an assessment, regarding future
tra is ntro l needy J eonsidered p
Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
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