Loading...
Ord. 1105 04-28-03ORDINANCE NO. 1105 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, WAIVING THE ENCROACHMENT OF SWIMMING POOL PLUMBING INTO A UTILITY EASEMENT. 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 or a Public Utility desires to gain access for any reason whatsoever to the City's interest in or on such utility easement. 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 swimming pool plumbing located at 1615 Pine Crest Drive (Property) into a utility easement and drainage easement owned by the City. 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. Section 4. The owner of the property is responsible for securing written releases from each of the public utilities holding franchises in the City of Pearland. ORDINANCE NO. 1105 PASSED and APPROVED ON FIRST READING this the April , A. D., 2003. ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 14th day of TOM REID MAYOR ORDINANCE NO. 1105 PASSED and APPROVED ON SECOND AND FINAL READING this the 28th day of April , A. D., 2003. TOM REID MAYOR ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY FROM :Lakeshlre Place Apts FAX N0. :2814863935 Sep. 13 2002 07:55AM P2 EXHIBIT SCALE : F.M.S. SURVEYING CO. 37915, P_O.ROX 7238. 2245 PASADENA BLVD.. PASADENA. TEXAS 77508-7238 PHONE: (713) 475-8301 G.f. f : 98500560 DATE : DECEMBER 19. 2000 FWD 1/2' I.R. a CORN th 331.00 DESTROYED FND �r RR PAP ' f 2'1.R. W I RADIUS AR(' DELTA 73.117 Off 45" SEE ATTACHED ADDENDUM HOR ADD(TK)NAL STIMULATIONS 11.1. NORTON V01.1354 PO. 001 B.C.O.R. "III bet,, ' .ti 44° 17 13- 1: 8.2 TWO VOW In BRIM R FRAME tit ks �j-ili 1t4' 35• el. rc••10' W.S.E. 4d' M' W 59. 1 PJNE CREST DRIVE , �'7o� R.ii. u►.) 161.1117 (1 S 3 r i CND 1/2' .R. LOT 4 . BLOCK 1 . OF PINE HOU.OW ESTATES SECTION ONE (1) UAP RECORDED IN VOL. 20 PC. 5-6 Of THE PLAT BRAZORIA COUNTY. TEXAS. PURCHASER : ANTHONY ARENDS AND SHANNA RENDS ADDRESS : 1615 PINE CREST DRIVE. PEARLAND. TEXAS 77581 TO : STEWART TITLE COMm,1' (EXCL11;jrlE1Y 1 1 HEIM COMFY TAT THIS PLAT COMMIT RFp 'IPO/IS A i m Y WOE UMW M► S1Pl1IRl N ON AWOM ATIOH PACYICFD TO MC » OOMSCfLY SEHOSENTS THE FACTS POUND AT THE ME OP THIS 1)1E 1111E OF 1W$ *MOM =On' AS SHOWN /AEAN- 1111SLOT ISIAN'ATPa11N 711NF'"X% AN 4I1S41)17N1111' TM, ',no YIl5 H mama viz M MM!a'Nu.N. UAT:D W?(1I 1. AS 11wwut1N Tfl'Wrii.'9ROHUn,Ar. TfSNA5MIHA11(NIt: HIS INStlKAtNti PtIRP5INfS ONLY ANTS 1S Hill IN 040311 (1II*1 1WS S1Fl"lR' HAMu1 ItAZARIK 111A) MAY OK MAYMA PAM 3 n WAS Ed fe av . ▪ • p ETw 1 2"I.R. RECORDS. Ns.31118 a 6 Exhibit "A" Ordinance No. 1105 PROTECTIVE COVENANTS Anthony Arends and Shanna Arends (Arends) are the owners of record of a certain tract or parcel of land generally located at 1615 Pine Crest Drive in the City of Pearland. City acknowledges and consents to the encroachment of swimming pool plumbing into the City's utility easement 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 the encroachment, and no additional encroachment of any nature whatsoever shall be construed as having been consented to herein. ARENDS 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 ARENDS, ARENDS'S SUCCESSORS OR ASSIGNS, OCCURRING IN CONNECTION WITH THE HEREINABOVE REFERENCED ENCROACHMENT INTO THE CITY'S DRAINAGE EASEMENT, AND WHICH ARE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF CITY, ITS OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, OR ASSIGNS. ARENDS 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, TO THE EXTENT ALLOWED BY LAW. IT IS THE EXPRESSED INTENTION OF BOTH ARENDS 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 CANCELLATION OF THIS AGREEMENT. City or any public utility expressly reserves the right, and Arends expressly acknowledges and consents to this right, to remove without liability therefore, any material or structure contributing to the encroachments 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 utility 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. 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 28th day of Apri 1 , 2003. CITY OF PEARLAND By: Bill Eisen City Manager Anthony Arends and Shanna Arends By: l/l4'vk Printed Name: Sit�t (ch.a ay -td s By: /,40�7L-.-> Printer Name: '),.9/ J THE STATE OF TEXAS § COUNTY OF` - v-az.o /ac.ct., § BEFORE ME, the undersigned Notary Public, on this day personally appeared i renciS , known to me to be the person whose name is subscribed tdthe 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 (per' DAY OF cey , A.D., 2003. ootK uusu ra``oi `s� P.v ..P'ti �a•''� 'gat gX1....... 1 :O0)�. 07.. 5-2ininmintoo THE STATE OF TEXAS COUNTY OF NOTARY`PUBLIC, STATE OF TEXAS Commission Expires: ?7-i 5 - 21)0 Printed Name: Jen fer. (. S,-r ,+t 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., 2003. NOTARY PUBLIC, STATE OF TEXAS Commission Expires: Printed Name: 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 9 DAY OF 19W / , A.D., 2003. PEELA N. LEHMAN otary Public, State of Texas My Commission Expires: APPIL 2 2005 THE STATE OF TEXAS COUNTY OF ----E>►—a-xc) NOTARY PUBLIC, STATE OF TEXAS Commission Expires: ,ff / �? o?vuc Printed Name: rl¢. 4/, L41 m BEFORE ME, the undersigned Notary Public, on this day personally appeared Skc r no— -er GIS , 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 1(044' DAY OF t�a.J , A.D., 2003. �`\\\\\111f Initikp ��\/ �'ck`t P 0�•.'".- 'P! 0 z—.- 0 rk„ " N ARY)PUBLIC, STATE OF TEXAS Commission Expires: ?'— /5 -' Zoo co Printed Name: tVecv-rer K • S�,-, Cfi4 o� :( c©t?II n of 3519 liberty. Drive • Pearland, Texas 77581-5416 PERMIT NO BUILDING PERMIT APPLICATION BUILDING INSPECTION DEPARTMENT Phone 1-652-1638 JOB ADDRESS :^/G/.6- fc,LI-esr SUBDIVISION TAX I.D. NO. flc G4ic57- 7/ aF 77L!? LEGAL 1 DESCR. LOT NO. BLK TRACT ABSTRACT SURVEY OWNER MAIL ADDRESS ZIp �- • r PHONE L. 2. ::./o ., /—z l L� o .'i OP- -%,..S ...._.c_- �- �J�s.0,- 4a 77 72 V) a z.2%! fy CONTRACTOR MAIL ADDRESS p PHONE i3 cejo i-` /�' ,, ; ;A177 72 7 ",Y ` , / r1,-/k-3 4 ARCHITET OR DESIGNER MAIL ADDRESS • i ' PRONE t ' ;REGISTRATION NO. - 1 i, ENGINEER MAIL ADDRESS `- PHONE • REGISTRATION NO. 5 , LOT SIZE LAND VALUE 6 j FLOOD ZONE `• i \ i USE OF BUILDING 7 /� 8 CLASS OF WORK: 'NEW 0 ADDITION 0 ALTERATION 0 REPAIR 0 MOVE 0 DEMOLISH ❑ SIGN 0 OTHER • DESCRIPTION OF WORK ( -, _C / / c, t.1'7. a e'— .. . INTERIOR WALLS EXTERIOR CEILINGS FLOOR ROOF FOUNDATION ��..' . ,_VALUATION OF WORK: $ 3d "RI co�l !! PLAN CHECK FEE 60 PERMIT FEE ('1` I (f �� -' y SPECIAL CONDITIONS: TYPE OF CONST. OCCUPAN/CY�GROUP v 1 BLD HEIGHT �'F LIVING AREA SQ. FT. NO. OF STORIES MAX. OCC. LOAD ) GARAGE AREA SQ. FT. USE ZONE FIRE SPRINKLERS REQUIRE CIY YES 0 NO AP♦�L)QA^TION SCEpT D� ,1 'r1fCC PLANS CHECKED BY APPROVED FOR ISSUANCE BY NO. OF DWELLING UNITS PARKING REQUIRED DRIVEWAY WIDTH 11 •{ v I ,� VI ` 1(NOTICE ) � SEPARATE P RMITS ARE REQUIRED FOR ELECTRICAL, PLUMBING, HEATING, VENTILATINGOR AIR CONDITIONING. THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUC- TION AUTHORIZED IS NOT COMMENCED WITHIN 6 MONTHS, OR IF • CONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 1 YEAR AT ANY TIME AFTER WORK IS COMMENCED. I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPLICATION AND KNOW THE SAME TO BE TRUE AND CORRECT. ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED HEREIN OR NOT. THE GRANTING OF A PERMIT DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE OR CA EL THE PROVISIONS OF ANY OTHER STATE OR LOCAL LAW REGULATIG O UCTION OR THE PERFORMANCE OF COSTRUCTION. 1 SPECIAL APPROVALS REQUIRED RECEIVED NOT REQUIRED ZONING HEALTH DEPT. FIRE MARSHAL ENGINEERING DEPT. BOND OTHER SIGNATURE O It ACTOR OR AUTHORIZED AGENT (DATE) SIGNATURE OF OWNER (IF OWNER BUILDER) (DATE) PRINT SIGNATURE / ` 35,19 Liberty Drive 'Io. ' «»e *cc�ss Code pp lJ. ca tJ. on Number` Y'Addr.�ssi `- Map/xeferenc� / . . _Application description �. Subdivision PropertY Zonins Application valuation . Duner ...... ... ........ .... .......... .... .... .... ........ .... ........ .... .... ........ .... ....... YALBOTT 383 BRUNSWICK DR �ELLVILLF (281) 494—0159 TX 77418 ���»��VVUUV���UUU�� ` ��c� � ' 0 � ���^` Peorkond. . *,n587 � �65884 020003810 Date 10718/0� 008 —001-000-00O4-00O1-000O �347 SuIM;iING POOL � 1 281'652- 7O, Off ice: 281'G52' 638 HOT �ork Descript�:n SWIMMING POOL 1 Structure Information POOL ———-'— AVAIiARiF 3OOI'll O Contractor ------------------------ OWNER Infvrmation ` '.... .... —.... .... .... .... .... .... .... .... .... .... .... .... .... .... .... ... .... .... ... .... ... .... .... .... .... --'----- Pe�mit SUIMMINIf] POOL PERMIT AdJ. desc Permit Fee . ` ' 160.<)O Plan Check Fee . 8O.00 Issue Date . '.,`�9/11/«2` � 'Y�i�atinn . 3OOOO ` Expiration3/~1/O3' —`--..... .... ... .... .... .... .... .... .... .... .... .... ... .... .... .... .... .... .... .... .... ... ... .... .... ......... —.... .... ........ .... ��Special Notes aod Comments THE CI�Y OF PEARLAND COD[ OF ORDIN�NCES' ' SECrION 7-25' REQUIRES THAT ANY UJTOOOR SUIMMING POOL TW3 (2) FEET OR GREf-T[R IN OEPTH, BE �URROUN�ED OR ENCLOSEO �Y A FE#CE' WALL' OP BAPKIER OF NOT LE[S THA� FOUR (4) FEET IN yEIGHT WITH NO U�ENINGS LA!:1GE� INCHES MEASURED IN �@Y DI�ECTION' �ND GATEMG /\ND SELF .... LO��1NG DEVICES LOCATED O PP w V [R QUARTER [F SUCH GATE OR DOOR. I HEREhY C[RITFY TH�T I HAVE REAO AND EXA;MlNEO 7HIS ENTIRE DOCUMENT AND KNOW THE SAME TO BE TRyE'A@O'CORk�CT.�D Y HE�EBAGREE ' �^,`' ` OROIN��CES ASSOC IAT RMIT. CONTRACTOR/OWNER� F�e s�mmary .... .... .... —'... .... .... —.... .... ... Permjt F�e Total Plan Check T�tal Grand Totzl Paid ------- 16O.O0 80.00 24O.0� Credited .... .... .... .... .... , � Due --.... .... .... .... ....