Ord. 0872 11-23-98ORDINANCE NO. 872
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, WAIVING THE ENCROACHMENT OF THE EXISTING SIGN,
FENCE, AND PARKING LOT LOCATED WITHIN A CERTAIN TRACT OF
LAND, WHICH INCLUDES A 0.430 ACRE TRACT DESCRIBED IN THE
H. T. & B. R. R. COMPANY SURVEY, ABSTRACT NO. 239 IN BRAZORIA
COUNTY, TEXAS.
WHEREAS, the owner of the subject property has requested waiver of the
impending encroachment and acknowledges that such waiver extends only for such
time as stipulated in the protective covenants attached hereto as Exhibit "A" and
made a part hereof for all practical purposes; 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, into the
City's right-of-way, of the existing sign, fence, and parking lot located within the
0.430 acre tract more particularly described on Exhibit "B" and depicted in the map
attached hereto as Exhibit "C".
Section 2. This waiver is effective only to the extent of the encroachment
generally described in Exhibit "A" attached hereto.
Section 3. This waiver is further effective only upon the execution of the
Protective Covenants in Exhibit "A" in a form acceptable to the City of Pearland.
Section 4. This waiver is further subject to the conveyance by general
warranty deed to the City, the right-of-way parcel described in Exhibit "B" attached
hereto.
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ORDINANCE NO. 872
PASSED and APPROVED ON FIRST READING this the q day of
11OVCy cr , A. D., 19R .
TOM REID
MAYOR
ATTEST:
PASSED and APPROVED ON SECOND AND FINAL READING this the
of flu't.htbcr , A. D., 199
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TARY
APPROVED AS TO FORM:
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DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
day
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EXIIIBIT "A"
TO CITY OF PEARLAND
ORDINANCE NO. 872
PROTECTIVE COVENANTS
GATE CONCRETE PRODUCTS ("GATE"), is the owner of record of a certain
tract or parcel of land, which includes a 0.430 acre tract described in H. T. & B. R. R.
Company Survey, Abstract No. 239 in Pearland, Brazoria County, Texas ("Property").
The City of Pearland, a Municipal Corporation and Body Politic, organized and existing
pursuant to the laws of the State of Texas ("City").
City acknowledges and consents to the encroachment of the existing sign,
fence, and parking lot located within the 0.430 acre tract more particularly described
on Exhibit "B", attached hereto. 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.
In consideration of the foregoing, and other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, it is hereby agreed as
follows:
(1) GATE agrees to convey by general warranty deed the right-of-way parcel
described in Exhibit "B" attached hereto and incorporated herein for all
practical purposes for the amount of Seven Thousand Three Hundred
Seventy-five Dollars ($7,375.00);
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(2) GATE further agrees not to construct any additional improvement within
the right-of-way parcel described in Exhibit "B";
(3) CITY agrees to construct a proposed sewer line by boring methods under
the existing driveway and parking lot of the described property to provide
continuous access to the property;
(4) CITY agrees to replace the slope stabilization along the existing ditch
with equal or better materials;
(5) CITY agrees to allow the existing fence, sign, and parking lot within the
right-of-way parcel to remain in place until such time as the right-of-way
parcel is needed to widen or reconstruct Veterans Drive;
(6) CITY agrees to pay the actual cost of relocating the improvements that
are currently within the right-of-way parcel, at such time as
improvements need to be relocated; furthermore, CITY will contract with
appropriate firms, subject to review by GATE, to relocate the
improvements.
GATE HEREBY RELEASES, ACQUITS, AND FOREVER DISCHARGES 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
GATE, GATE'S HEIRS, EXECUTORS, ADMINISTRATORS, 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, ITS OFFICERS, AGENTS,
EMPLOYEES, SUCCESSORS, OR ASSIGNS. GATE 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 NEGLI-
GENCE OF CITY, ITS OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, OR ASSIGNS
ARISING IN CONNECTION WITH THE HEREINABOVE REFERENCED ENCROACHMENT.
IT IS THE EXPRESSED INTENTION OF BOTH GATE AND CITY THAT THE INDEMNITY
PROVIDED FOR IN THIS SECTION IS INDEMNITY BY GATE 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 Gate 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
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desirable in order for the City to gain access for any reason whatsoever to the City's
properties in or on such right-of-way.
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 thea3�° day of /Uovtince- , 19 C,
CITY OF PEARLAND
Glen R. Er in
Interim City Manager
GATE CONCRETE PRODUCTS
By: 6 ,
Printed Name: c,.owc_QoFr
Title: Vice ?eEstDE-r
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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, 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, and as his free act and deed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 42f/7! day of
Nov£%Y}3a- , 19 91
YOUNG LORFING
Notary Public, State of Texas
Commission Expires 4-3-01 yi,
F TEXAS
rinted Name: Y6U,v6 Z /,t/G
Commission Expires: /�.- 3-0 /
THE STATE OF TEXAS §
COUNTY OF n m n l
BEFORE ME, the undersigned Notary Public, on this day personally appeared
Sc-owcrzb4,q , 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, and as his/her free act
and deed.
�
GIVEN
^,^ - UNDER MY HAND AN SEAL OF OFFICE, this / 1 day of
F�'t(l , 19
fadukio„
NOTARY PUBL C, STATE OF TEXAS
Printed Name: Cap W
[ q f
CommissionExpires: 1 —
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Exhibit B
TRACT 2
GATE CONCRETE PRODUCTS CO.
STATE OF TEXAS §
COUNTY OF BRAZORIA §
FIELDNOTE DESCRIPTION of a proposed 0.430 acre tract in the H.T. & B.R.R.
Company Survey, Abstract No. 239 in Brazoria County, Texas. Said 0.430 acre tract is
a part of a 30.283 acre tract described in a deed to Gate Concrete Products Company
as recorded in Volume 1567, Page 643 of the Brazoria County Deed Records and is
more particularly described by metes and bounds as follows:
BEGINNING at the northwest comer of said 30.283 acre tract, said point being in the
east right-of-way line of Veterans Drive (a.k.a. Peariand Sites Road or C.R. 143, based
on a width of 83-feet at this point);
THENCE, South 89°40'56" East, along the north line of said 30.283 acre tract for a
distance of 30.34 feet to a 5/8-inch iron rod set for the northeast comer of the herein
described tract;
THENCE, South 00°16'28° West, along the east line of the herein described tract for a
distance of 600.07 feet to a 5/8-inch iron rod set for the southeast comer, said point
being in the south line of the aforementioned 30.283 acre tract;
THENCE, North 89°33'07" West, along the south line of said 30.283 acre tract for a
distance of 32.10 feet to the southwest comer of the herein described tract, said point
being in the aforementioned east right-of-way line of Veterans Drive;
THENCE, North 00°26'34' East, along said east right-of-way line for a distance of
600.00 feet to the POINT OF BEGINNING, containing a computed area of 0.430 of an
acre (18,734 Square Feet).
NOTE: The bearings shown hereon are based on the deed recorded in Brazoria County
Clerk's File No. 96-020723.
Walsh Surveying, Inc.
2006 E. Broadway, Suite 105
Pearland, Texas 77581
(281) 485-3991
Job No. 98-103
s,PO.a_IA
Michael D Wilson, R.P.L.S.
Registration No. 4821
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Exhibit C
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