Ord. 0784 04-14-97ORDINANCE NO. 784
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, WAIVING THE ENCROACHMENT OF A PRIVATE PERIMETER
FENCE INTO A DEDICATED ROAD RIGHT-OF-WAY ALONG THE
NORTHERN BORDER OF WEST OAKS VILLAGE, SECTION I -A, IN THE
CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS.
WHEREAS, the owners of the subject property have requested waiver of the
existing encroachment and acknowledge that such waiver extends only for such time
as the private perimeter fence 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
private perimeter fence which extends approximately one foot (1') into a seventy foot
(70') wide dedicated right-of-way along the norther border of West Oaks Village,
Section 1-A, in Pearland, Brazoria County, Texas.
Section 2. This waiver is effective only to the extent of the encroachment
generally described on 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 any affected utility and the City of
Pearland.
Section 4. This waiver is subject to receipt of releases executed by
TCI Cablevision of Houston; Southwestern Bell Telephone Company; Entex, a Nornam
Company; and Houston Lighting & Power Company.
1
ORDINANCE NO. 784
PASSED and APPROVED ON FIRST READING this the 3/St day of
, A. D., 1997.
TOM REID
MAYOR
ATTEST:
WENDY STJ DORF
INTERIM Cl" SECRETAR
/14
PASSED and APPROVED ON SECOND AND FINAL READING this the / V day
ATTEST:
WENDY DORF
INTERIM Y SECRETA
, A. D., 1997.
TOM REID
MAYOR
2
ORDINANCE NO. 784
APPROV AS TO FORM:
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A MOTS McCULLOUGH e4
CITY ATTdRNEY
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PROTECTIVE COVENANTS
West Oaks Village Section 1 Joint Venture ("Owner"), acting by and through its Agent,
West Development Co., Inc., represented herein by its President, Renee West, is the owner of
record of a certain tract or parcel of land containing 14.8621 Acres and being part of Section 15
of the H.T. & B.R.R. Co. Survey, A-241, Brazoria County, Texas, and being more particularly
described by metes and bounds and identified in the plat attached hereto as Exhibits "A" and
"B", respectively, 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 private perimeter fence which
extends approximately one (1) foot into the seventy (70) foot wide dedicated right-of-way located
along the northern border of West Oaks Village, Section 1-A of the property. 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,
1
EXECUTORS, ADMINISTRATORS, SUCCESSORS, OR ASSIGNS, OCCURRING IN
CONNECTION WITH THE HEREINABOVE REFERENCED ENCROACHMENT INTO
THE DEDICATED RIGHT-OF-WAY ON THE PROPERTY, AND WHICH 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
PHI, NEGLIGENCE OF CITY, ITS OFFICERS, AGENTS, EMPLOYEES, SUCCES-
SORS, 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
2
gain access for any reason whatsoever to the City's properties 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.
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 ZDday of
CITY OF PEARLAN
By:
Paul Grohman, City Manager
WEST OAKS VILLAGE SECTION 1 JOINT VENTURE
(Owner), acting by and through its Agent,
WEST DEVELOPMENT CO., INC.
By:
3
Renee West, President of
West Development Co., Inc.
THE STATE OF TEXAS
COUNTIES OF BRAZORIA
AND HARRIS
This instrument was acknowledged before me on
Paul Grohman, City Manager of the City of Pearland, Texas.
LISA D. JONES
WAR( NU•VAR VMS
MYCOWASSIDN EXPIRES
SEPTEMBER 21.1999
THE STATE OF TEXAS p COUNTY OF rawwr i
4y 2.7% 199%, by
NOTARY PUBLIC ` STATE OF TEXAS
Commission Expires: /hd I I9 9
Printed Name: LI S a b :Toms
This instrument was acknowledged before me on M dy 2.0 , 1997 , by
Renee West, President of West Development Co., Inc., as agent for West Oaks Village
Section 1 Joint Venture.
USA D. JONES
NDTARv PtSt • RATE wwfl
MYCOMENSSIDNCORES
SEPTEMBER 21,1999
4
114-1-3(:)011.0J
NOTARY PUBLI,,STASTATE OF TEXAS
Commission Expires: ZG 49
9
Printed Name: Lisa b. Tc7 A BS
i i is—oao iwuu
VICINITY MAP
KEY MAP PG. 614-Q
'A
UNE LENGTH
41.00'
27.49'
13.99'
85.00'
21.20'
90.00'
45.00'
50.00'
77.78'
21.21'
70.00'
23.28'
86.10'
54.27'
39.58'
39.58'
39.58'
kTA
\ ARC LENGTH
00` 31.42'
18" 42.39'
01" 183.26'
44" 32.13'
39" 31.03'
4R 1Pi'
SCALE 1" = 1/2 MILE
1 1 I
1/4 1/2 3/4 1 Mi.
MEETS AND BOUNDS DESCRIPTION
Being a tract or parcel of land containing 14.8621 Acres and being
port of Section 15 of the H.T. & B.R.R. Co. Survey, A-241, Brozono
County, Texas, and being more particularly describes by metes and
bounds as follows;
COMMENCING at the intersection of the centerline of County
Road No. 103 (Harkey Road) (based on a 60 foot right—of—way)
and the North line of County Road No. 91 (Fite or Nelson Rood)
(based on a 60 foot right—of—way);
THENCE West, coincident with the North right—of—way line of said
County Road No. 91, a distance of 1320.00 feet to a point;
THENCE South, across said County Road No. 91, a distance of 60.00
feet to a 1/2" Iron rod set for POINT OF BEGINNING, and being
the Northeast comer of the herein described tract;
THENCE South, along the centerline of a 45—foot drainage ditch a
distance of 759.42 feet to a 1/2" Iron rod set for comer, and being
the Southeast comer of the herein described tract;
THENCE West, a distance of 142.50 feet to a 1/2" Iron rod set for
on interior corner of the herein described tract;
THENCE South, a distance of 30.58 feet to a 1/2" Iron rod set for comer
and being the most Southerly Southeast comer of herein described tract
THENCE West, a distance of 682.50 feet to a 1/2" Iron rod set for
corner, and being the most Westerly Southwest corner of the herein
described tract;
THENCE North, a distance of 790.00 feet to a 1/2" Iran rod set for
corner in the South right—of—way line of said County Road No. 91, and
being the Northwest corner of the herein described tract;
THENCE East, coincident with the South right—of—way line of said
County Rood No. 91, a distance of 825.00 feet to the POINT OF
BEGINNING and containing 14.8621 Acres of land.
BENCHMARK
City of Peariand No. 28—P, Located:
on the Northeast comer of Hatfield Rd. and Fite Rd.
27.5' East of center line of Hatfield and 27.8' North
of center of Fite Road
Elevation: 47.663 ( 1978 Adjustment )
TEMPORARY BENCHMARK No. 1
Nail in the East side of a power pole
± 150 feet West of the East Property line.
Elevation: 55.17
TEMPORARY BENCHMARK No. 2
Nail in the West side of a power pole
± 150 feet East of the West Property line.
Elevation: 53.43
Note: Topographic survey is based on the 1978
Adjustment. To get on the 1973 Adjustment, add 0.60 feet
to above elevation. 1978 adj. 51.4 MSL
The 100 year floodploin is: 1973 adj. 52.0 MSL
FEMA MAPS ARE ON 1929 NGVD ( 1973 ADJ. )
IN BRAZORL4 COUNTY.
EXHIBIT
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EXHIBIT
1