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Ord. 0649 12-07-92ORDINANCE NO. 649 AN ORDINANCE WAIVING THE ENCROACHMENT OF A FENCE INTO AND ACROSS AN UNNAMED AND PARTIALLY ABANDONED ALLEYWAY LOCATED IN BLOCK 11, PEARLAND OLD TOWNSITE, AND BORDERED BY GRAND BLVD. ON THE EAST AND HOUSTON AVE. ON THE WEST. WHEREAS, First United Methodist Church of Pearland intends to construct a play area upon certain property in Block 11, Pearland Old Townsite; and, WHEREAS, the subject tract is divided by an unnamed alleyway, a portion of which has heretofore been abandoned by the City; and, WHEREAS, the First United Methodist Church of Pearland has requested authority of the City of Pearland to place a fence across said alleyway with gates for the purpose of allowing access; and, WHEREAS, the adjoining landowners and utilities utilizing this right of way have consented tO the encroachment but not to the abandonment of the right of way; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That City of Pearland hereby waives the encroachment of a certain fence across a dedicated unnamed and partially abandoned alleyway, running in a generally north -south direction, bordered by Grand Blvd. on the east and Houston Ave. on the west, in Block 11, Pearland Old Townsite. Exhibit "A" hereof which is annexed hereto and incorporated herein by reference generally portrays the location of the subject tract and encroachment, the subject of this Ordinance. Section 2. This waiver is effective only to the extent of the construction of a fence, as detailed in the preceding Section, and as generally described on the annexed Exhibit. Section 3. That this waiver is further effective only upon execution of certain Protective Covenants with the utilities ✓✓/jjj PASSED and APPROVED on First Reading this the 02 33 day of //6-1..e-». .-t./, A. D., 1992. ATTEST: PAT JONES CITY SECR ARY PASSED and APPROVED on Second and Final Reading this the 7 dayD., 1992. MAYOR ATTEST: PAT JONES CITY SECRE ARY APPROVED AS TO FORM: LESTER G. RORICK CITY ATTORNEY PROTECTIVE COVENANTS FIRST UNITED METHODIST CHURCH OF PEARLAND is the owner of record of a certain tract, or parcel of land, located in Block 11, of Pearland Old Townsite, upon which it desires to construct a recreational area, utilizing in part an unnamed and partially abandoned alleyway lying in a generally north -south direction between Grand Blvd. on the east and Houston Ave. on the west. CITY OF PEARLAND, a municipal corporation and body politic, organized and existing pursuant to the laws of the State of Texas, is trustee for the public of a dedicated alleyway lying in a generally north -south direction and bordered by Grand Blvd on the east and Houston Ave. on the west. CITY OF PEARLAND acknowledges and consents to the encroachment of a fence with gates, the subject Easement. CITY OF PEARLAND's acknowledgment and consent is specifically limited to the encroachment herein described, and no additional encroachment of any nature whatsoever shall be construed as having been consented to herein. FIRST UNITED METHODIST CHURCH OF PEARLAND, agrees and covenants to indemnify and hold harmless CITY OF PEARLAND, its successors and assigns, from and against any and all liability, claims, losses, demands, injury or other casualty to property or to persons, including costs and attorney's fees, caused by, growing out of, or occurring in connection with the hereinabove referenced encroachment upon the alleyway, even if CITY OF PEARLAND is shown to be negligent or grossly negligent in whole or in part. CITY OF PEARLAND expressly reserves the right, and FIRST UNITED METHODIST CHURCH OF PEARLAND, expressly acknowledges and consents to this right, to remove without liability therefor, any _�___•_i 4-: L__a i.... 4 . L' _ 1.......4 ...L.......1..A.a.A that CITY OF PEARLAND 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._rw LJ i ACCEPTED and AGREED to this the 7 day o 1992. THE STATE OF TEXAS COUNTY OF BRAZORIA CITY OF PEARLAND By: FIRST UNITED METHODIST CHURCH OF PEARLAND, TEXAS By: /frlieellen-CL ACKNOWLEDGMENT 1 1 BEFOR E, the undersigned authority, on this day personally appeare i, own to me to be the person whose name is subscribed to the foregoing instrument of writing, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and as an act and deed of said CITY OF PEARLAND, TEXAS. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the / / day of 1992. arnmanv nn r EUT PAD THP. .40 THE STATE OF TEXAS COUNTY OF BRAZORIA ACKNOWLEDGMENT t 4 BEFORE ME, the undersigned authority, on this day personally appeared wn to me to be the person whose name is subscribed to the oregoing instrument of writing, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed and as an act and deed of said FIRST UNITED METHODIST CHURCH OF PEARLAND, TEXAS. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the /1 day of 1992. one NOTARY PUBL ✓ IN D FOR THE STA OF EXAS My Commission Expires: