Ord. 0905 06-28-99ORDINANCE NO. 905
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, WAIVING THE ENCROACHMENT OF
CONCRETE PAVING INTO THE NORTH 14' 1" OF THE CITY'S 20'
SANITARY SEWER EASEMENT LOCATED AT THE
INTERSECTION OF PINE HOLLOW DRIVE 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
bridge 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
concrete paving into the north 14' 1" of the City's 20' sanitary sewer easement located
at the intersection of Pine Hollow Drive 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 day of
—70 <Th e_d A. D., 1999.
TOM REID
MAYOR
1
ORDINANCE NO. 905
ATTEST:
PASSED and APPROVED ON SECOND AND FINAL READING this the 2S
TN
day of Jime , A. D., 1999.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Oil'
TOM REID
MAYOR
2
PROTECTIVE COVENANTS
Affiliated Spartan Insurance Agencies, Inc. ("Owner") 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 concrete paving into the
north 14' 1" of • the City's 20' sanitary sewer easement 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.
OWNER 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 OWNER, OWNER'S HEIRS, EXECUTORS, ADMINISTRATORS,
SUCCESSORS, OR ASSIGNS, OCCURRING IN CONNECTION WITH THE
HEREINABOVE REFERENCED ENCROACHMENT INTO THE CITY'S TWENTY -FOOT
(20') SANITARY SEWER EASEMENT ON THE PROPERTY, AND WHICH ARE CAUSED
1
IN WHOLE OR IN PART BY THE NEGLIGENCE OF CITY, ITS OFFICERS, AGENTS,
EMPLOYEES, SUCCESSORS, OR ASSIGNS. OWNER 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 OWNER AND CITY
THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION IS INDEMNITY BY OWNER
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 Owner 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.
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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 (Sit day of
19 q9 .
CITY OF PEARLAND
Glen R. E in
City Manager
AFFILIATED SPARTAN INSURANCE AGENCIES,
OWNER
By: 1 / 14 AciJi/
Printed Nafie: e/ £ dcA-o j
Title: N/C¢
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 9"- DAY OF
DIA , A.D., 19�.
' a LISA O. JONES
. . musty PUBLIC • STATE OF TOSS
br ,• �s. re COMMISSION EXPIRES
4N,p„. SEPTEMBER 21, 1999
THE STATE OF TEXAS §
COUNTY OF / (7it'et 5
NOTAR
alALS
STATE OF TEXAS
Commission Expires: 9� ,/9
Printed Name: h.is a D. --totaes
BEFORE ME, the undersigned Notary Public, on this day personally appeared
/MC/Mc t . /accv y , 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.
4'IVEN UNDER MY HAND AND SEAL OF OFFICE THIS WI DAY OF
Ni tut? ,A.D.,19QQ.
4
u tile:l.
NOTARY PURL
STATE OF TEXAS
Commission Expires: 3 -31- Zoo 3
Printed Name: V,&e ursi ioiti s
EXHIBIT
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