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Ord. 1071 2002-07-22 In ProcessORDINANCE NO. 1071 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, WAIVING THE ENCROACHMENT OF A CHAIN LINK FENCE INTO THE CITY'S RIGHTS -OF -WAY OF VETERAN'S DRIVE AND MCLEAN ROAD IN THE CITY OF PEARLAND. 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 rights -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 chain link fence into the City's rights -of -way of Veteran's Drive and McLean Road in the City of Pearland. Section 2. This waiver is effective only to the extent of the encroachments generally described herein and depicted in Exhibits "A" & "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. Section 4. Declaration of Emergency. The Council finds and determines that the need to regulate encroachments into the right-of-way inures to the benefit of the public and, therefore, bears directly upon the health, safety and welfare of the citizenry; and that this Ordinance shall be adopted as an emergency measure, and that 1 ORDINANCE NO. 1071 the rule requiring this Ordinance to be read on two (2) separate occasions be, and the same is hereby waived. PASSED and APPROVED ON FIRST AND ONLY READING this the 22 day of July , A. D., 2002. ATTEST: UNG I4G TY S CRETAR APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 2 TOM REID MAYOR Young Lorfing/COP To Narciso Lira/COP 03/13/2008 11:13 AM cc bcc Subject Need your help Ord. 1071 was approved 7/22/02 and the records reflect that Mr. Hargrove was having Exhibits A & B signed on 7/25/02. Would you check your files and see if you have anything regarding this file? Attached is everything we have on fife with the exception of the missing exhibits. Thanks, Young 2003-03-13 0 rd. 1071. pdf LENTZ ENGINEERING, L.C. CONSULTING ENGINEERING AND PLANNERS 4710 Bellaire Blvd., Suite 250 Bellaire, Texas 77401 Phone 713-839-8900 Fax 713-839-9020 June 25, 2002 Mr. Darrin Coker, City Attorney City of Pearland 3 519 Liberty Drive Pearland, Texas 77581 Re: PISD/Westwood Village Detention Facility LE 00092 Dear Mr. Coker: RECEIVED JUN 2 7 2002 CITY ATTORNEY Pursuant to our discussion and Mr. Hargrove's letter of June 12, 2002, we are hereby requesting a Waiver of Encroachment for a fence into the right-of-way of McLean Road and Veteran's Drive. The purpose of the fence encroachment is to set the end of the fence at the headwall and/or end of the box culverts so that the detention facility may be isolated. We have enclosed drawings of each location. As can be noted, there will be a very slight encroachment into the right-of-way of McLean Road so that the end post of the fence can be set at the end of the headwall. The major encroachment will be on the Veteran's Drive side of the pond. This, however, will be somewhat temporary. New paragraph the District is planning to improve the ditch at this location in conjunction with the outfall improvements for the City's Bailey Road project and to help drain the Park Village and Springfield ponds. At that time the culverts will be extended to the right-of-way line and the fence relocated. By copy of this letter, we are forwarding to Mr. Hargrove the culvert sizing calculations. If you have any questions or require any additional information, please do not hesitate to contact me. Sincerely, Lentz Engineering, L.C. red E. Lentz, P.E., R.P.L.S. President cc: Mr. Mike Yost Mr. John Hargrove, P.E. w/attachments