Ord. 0885 12-14-98ORDINANCE NO. 885
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, WAIVING THE ENCROACHMENT OF A 20' X 72' CARPORT
INTO AN ALLEYWAY AND SEWER EASEMENT LOCATED AT 2403
MAIN STREET, LOTS 45, 46, 47, 48, BLOCK 21, OLD TOWN SITE, IN
THE CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS; AND
DECLARING AN EMERGENCY BECAUSE THE NEED FOR SAID WAIVER
INURES TO THE BENEFIT OF THE CITIZENRY AND, THEREFORE, BEARS
DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE
PUBLIC.
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 carport 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 the
20' x 72' carport into an alleyway and sewer easement located at 2403 Main Street,
Lots 45, 46, 47, 48, Block 21, Old Town Site, 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.
Section 4. Declaration of Emergency. The Council finds and determines that
this waiver inures to the benefit of the citizenry and, therefore, bears directly upon the
health, safety and welfare of the public; and that this Ordinance shall be adopted as
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ORDINANCE NO. 885
an emergency measure, and that 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 t day of
D.Q,C 2,1'ii , A. D., 1998.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
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PROTECTIVE COVENANTS
Tim Guardione ("Owner") is the owner of record of a certain tract or parcel of
land generally described as 2403 Main Street, Lots 45, 46, 47, 48, Block 21,
Old Town Site, 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 the 20' x 72' carport
into the alleyway and 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 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
OWNER, OWNER'S HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, OR
ASSIGNS, OCCURRING IN CONNECTION WITH THE HEREINAROVE REFERENCED
ENCROACHMENT INTO THE SEWER EASEMENT ON THE PROPERTY, AND WHICH
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ARE CAUSED 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
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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 �„ Z4iay of Paeit? -, 19 ,.
CITY OF PEARLAND
Glen R. Erwin, Interim City Manager
OWNER
Tim uardione
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THE STATE OF TEXAS §
COUNTIES OF BRAZORIA §
AND HARRIS §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
Glen R. Erwin, Interim 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 12 DAY OF
COMNer A.D., 19 ag .
CHERYL L. GARCIA
'Notary Public, State of Texas
Commission Expires 4-29-00
THE STATE OF TEXAS
COUNTY OF? R t>172.1f\
NOTARY
QJX('. a,
UBLIC, STATE OF TEXAS
Commission Expires:
Printed Name: to t'`pG L • 411-1.0 iA
BEFORE ME, the undersigned Notary Public, on this day personally appeared
Tim Guardione, 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 I8DAY OF
Tbece,<r , A.D., 19 .
CHERYL L . GARCIA
1„ Notary Public, State of Texas
Comreission Expires 4-29-00
NOTARY PUBLIC, STATE OF TEXAS
Commission Expires: .4'o1Q-�Do
Printed Name: C PER-YL G. /rid L°1�/yi
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