Ord. 0952 02-28-00ORDINANCE NO. 952
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, WAIVING THE ENCROACHMENT OF
ASPHALT PAVING INTO THE CITY'S RIGHT-OF-WAY ALONG
PORTIONS OF NORTH GRAND BOULEVARD, JASMINE STREET,
AND NORTH HOUSTON AVENUE, IN THE CITY OF PEARLAND,
BRAZORIA COUNTY, TEXAS.
WHEREAS, the owner of the subject property has requested waiver of the
proposed encroachment and acknowledge that such waiver extends until such time
as the City desires to gain access for any reason whatsoever to the City's interests 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
asphalt paving into the City's right-of-way located along portions of North Grand
Boulevard, Jasmine Street, and North Houston Avenue, 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 14th day of
February , A. D., 2000.
TOM REID
MAYOR
1
ORDINANCE NO. 952
ATTEST:
PASSED and APPROVED ON SECOND AND FINAL READING this the
28th day of February , A. D., 2000.
ATTEST:
lv- G ' e TARY /
APPROVED AS TO FORM:
arkh
D RRIN M. COKER
CITY ATTORNEY
c �� OYY/
TOMR€D
MAYOR
2
PROTECTIVE COVENANTS
United Methodist Church ("Church") is the owner of record of a certain tract or
parcel of land generally located at 2314 North Grand Boulevard, 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 right-of-way over,
under, and across the property.
City acknowledges and consents to the encroachment of asphalt paving into the
City's right-of-way located along portions of North Grand Boulevard, Jasmine Street,
and North Houston Avenue 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.
CHURCH 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 CHURCH, CHURCH'S OFFICERS, AGENTS, EMPLOYEES,
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.
CHURCH 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 CHURCH AND CITY THAT THE INDEMNITY PROVIDED FOR IN
THIS SECTION IS INDEMNITY BY CHURCH 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 Church 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 right-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 15th day of February , 2000.
CITY OF PEARLAND
Glen R..grwin
City Manager
UNITED METHODIST CHURCH,
OWNER
By: X f
Printed Name:
Title: Senior--
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 15th DAY OF
February , A.D., 2000.
V.
Sher'
Tlr
MELISSA HARRIS
Notary Public, State of Texas
My Commission Expires
July 19, 2003
THE STATE OF TEXAS
COUNTY OF rd -to ri et,
(YLQ!c v, 6art>)
NOTARY PUBLIC, STATE OF TEXAS
Commission Expires: i -f9 —03
Printed Name: iikel.sscx I-4arr\s
BEFORE ME, the undersigned Notary Public, on this day personally appeared
T2rrh Pew,u -}o.- , 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 22not
DAY OF
Marc , A.D., 2000.
Commission Expires:
NOTARY PUBLIC,�STATE OF TEXAS
912i/03
Q6t.2-S
Printed Name: L.)se. m. Toner
4
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T.B.M.
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NOTE:
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EXHIBIT
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60 30
SCALE: 1"=60'
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JASMINE ST. (60' R.O.W.)
TEMPORARY BENCH MARK (T.B.M.) IS A R.R. SPIKE IN A POWER POLE
AT THE SOUTHEAST CORNER OF THE INTERSECTION OF
JASMINE St AND N. HOUSTON AVE.
LEGEND
B.0 R. BRAZORIA COUNTY DEED RECORDS
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WALSH SURVEYING INC.
PROFESSIONAL LAND SURVEYORS
2006 E. BROADWAY PEARLAND, TEXAS
(281) 485-3991 FAX (281) 485-3998
CAD FILE
99-197
PLOTT p3/99
OWN C.L.H.
PEARLAND ASPHALT
& CONCRETE INC.
CKD LC.D.
APPDM.D.W.
SCALE
1 ^-60'
AGENDA REQUEST
BUSINESS OF THE CITY COUNCIL
CITY OF PEARLAND, TEXAS
AGENDA OF: February 14, 2000 ITEM NO.
DATE SUBMITTED: _Tan 26, 2000 DEPARTMENT OF ORIGIN : Planning/Permits
PREPARED BY: M. Phipps PRESENTOR: G. Tumlinson/p,Cdlct&
SUBJECT: Waiver of encroachment for United Methodist Church, 2314 Grand Blvc
EXHIBITS: map and plans
EXPENDITURE REQUIRED n/a .
AMOUNT BUDGETED n/a
ACCOUNT NO. n/a
ADDITIONAL APPROPRIATION REQUIRED n/a
ACCOUNT NO. n/a
FUNDS AVAILABLE n/a (Finance Department Approval)
EXECUTIVE SUMMARY
Mike O'Day of United Methodist Church, 2314 N. Grand Boulevard, is requesting
permission to install parking over the ditch on N. Grand Boulevard, Jasmine Street
and N. Houston Avenue to allow guest and handicap parking. (Block 6, Lots 23,
24, 25, 26 and 27 of Pearland Townsite) See attached paving site plan.
RECOMMENDED ACTION
consider request