Ord. 0599 09-10-90ORDINANCE NO. 599
AN ORDINANCE WAIVING THE ENCROACHMENT OF CERTAIN IMPROVE-
MENTS INTO A DEDICATED UTILITY EASEMENT IN COUNTRY GROVE
TOWNHOMES, SECTION THREE, AND PROVIDING FOR EXECUTION OF
CERTAIN PROTECTIVE COVENANTS.
WHEREAS, Section 3.07 of the Home Rule Charter of the City of
Pearland vests in the City Council the right to exercise exclusive
dominion, control and jurisdiction of public grounds of the City; and
WHEREAS, U. S. HOMES CORPORATION has requested waiver of the
encroachment of a garage situated upon Lot 12, Block 1, Country Grove
Townhomes, Section Three, into a dedicated utility easement; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND:
Section 1. The City Council hereby waives the one -foot
encroachment of a garage situated upon Lot 12, Block 1, Country Grove
Townhomes, Section Three, into the adjoining dedicated utility
easement as described by reference to Exhibit "A" hereof which is
incorporated herein for all purposes.
Section 2. This waiver is effective only to the extent set forth
at Exhibit "A".
Section 3. This waiver is further effective only upon execution
of certain Protective Covenants with the City of Pearland and with the
several utilities authorized to use this easement and in a form
acceptable to the several entities.
Section 4. Upon execution of the foregoing documents,
appropriate building permits may be issued.
PASSED and APPROVED ON FIRST READING this 07 7 day of
A. D., 1990.
C. V. COPP
MAYOR
ATTEST:
KAY KRCu1SE
CITY SECRETARY
PASSEDPand APPROVED ON SECOND AND FINAL READING this /9 day of
//��„ASv , A. D., 1990.
ATTEST:
KAY KROI4SE
CITY SECRETARY
LESTER G. RORICK
CITY ATTORNEY
MAYOR
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BENCH MARK
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PROTECTIVE COVENANTS
U. S. HOME CORPORATION is the record owner(s) of Lot 12, Block 1,
Country Grove Townhomes, Section 3, according to the plat thereof and
recorded in Volume 17, Pages 261 and 262 of the Plat Records of
Brazoria County Texas, and CITY OF PEARLAND, a municipal corporation
and body politic, organized and existing pursuant to the laws of the
State of Texas, holds a 17' wide utility easement being the most
easterly 17' of Lot 12, Block 1, Country Grove Townhomes, Section 3,
as trustee for the public, this subdivision being within its extra-
territorial jurisdiction.
CITY OF PEARLAND acknowledges and consents to the encroachment of
a garage into the subject utility 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.
U. S. HOME CORPORATION agrees and covenants to indemnify and hold
harmless CITY OF PEARLAND, its successors and assigns, from and
against any and all liability, losses, claims, demands, injury or
other casualty to property and to persons, including costs and
attorney's fees, caused by, growing out of, or occurring in connection
with the hereinabove referenced encroachment upon the utility
easement, 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 U. S. HOME
CORPORATION expressly acknowledges and consents to this right, to
remove without liability therefor, any material or structure
constituting the encroachment acknowledged herein, should such removal
be desirable in order for CITY OF PEARLAND to gain access for any
reason whatsoever to CITY OF PEARLAND's properties in or on such
easement. The parties hereto expressly agree that CITY OF PEARLAND
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 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.
Accepted and agreed to this the Id day of 52,1-10 ,
1990.
U. S. HOME CORPORATION
BY:
TITLE:
CITY OF PEARLAND
2
EXHIBIT "A"
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