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Ord. 0969 05-22-00ORDINANCE NO. 969 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, WAIVING THE ENCROACHMENT OF A SUBDIVISION GROUND SIGN INTO THE CITY'S RIGHT-OF-WAY LOCATED AT THE INTERSECTION OF WOODCREEK DRIVE AND FM 518, IN THE CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS. 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 sign 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 a subdivision ground sign into the City's right-of-way located at the intersection of Woodcreek Drive and FM 518, 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. PASSED and APPROVED ON FIRST READING this the 8th day of May , A. D., 2000. 1 TOM REID MAYOR ORDINANCE NO. 969 ATTEST: of UNG TY S't RETARY PASSED and APPROVED ON SECOND AND FINAL READING this the 22nd day May ATTEST: , A. D., 2000. APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 2 MAYOR EXHIBIT I y FND. 5/8" I.R. Qoaoceeti< New Cie.,Ai Apppox Loyinow COR. 5.9463 Ac. ECTION N to cs to 04 6 > 0 Lai ts; ci O) a . v-i- o 20' -0- ----DI 70 00. 5o T vil 8-19 `C B BEING A 5.9463 ACRE THE W.D.C. HALL LEAGUE THE LOCATED IN CITY BRAZORIA COUNT)/ 0 50 P•••••.4 SCALE 1" = 4-691 - of ch..)00.0cety froi of eb#0/4-0144 PROTECTIVE COVENANTS Woodcreek Land, L.P. ("Woodcreek") is the owner of record of a certain tract or parcel of land generally located at the intersection of Woodcreek Drive and FM 518, in the City of Pearland, Brazoria County, Texas ("Property"). The City of Pearland, a Municipal Corporation organized and existing pursuant to the laws of the State of Texas ("City"), owns the right-of-way called Woodcreek Drive. City acknowledges and consents to the encroachment of a subdivision ground sign into the City's right-of-way located at the intersection of Woodcreek Drive and FM 518 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. WOODCREEK 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 WHATSO- EVER 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 WOODCREEK, WOODCREEK'S 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. WOODCREEK SHALL KEEP AND HOLD 1 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 WOODCREEK AND CITY THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION IS INDEMNITY BY WOODCREEK 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 Woodcreek 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 circumstances be under any duty or responsibility to restore any materials and/or structures so removed and/or damaged. 2 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 a.3 day of /V4 y 20 do CITY OF PEARLAND By9% ie. go/t., Glen R. Er in City Manager WOODCREEK LAND, L.P., OWNER By: Printe Title: 3 THE STATE OF TEXAS COUNTY OF BRAZORIA BEFORE ME, the undersigned Notary Public, on this day personally appeared Glen R. Erwin, 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 2(oM"DAY OF Mav) , A.D. 20b0 USA D. JONES NOTARY PUBUC • STATE OEMS MY COMMISSION WIRES SEPTEMBER 21, 2003 THE STATE OF TEXAS COUNTY OF P a%v-; a. NOTARY PUBL Commission Expires: 941/D3 Printed Name: ISa �. TDn2S BEFORE ME, the undersigned Notary Public, on this day personally appeared Et-1 c- I. ►ties , known to me to be the person whose name is subscribed to tKe foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS .24 "t" DAY OF Mai , A.D., 2000 . USA D. JONES NOTARY PUBLIC -STATE OF TEXAS MY COMMISSION EXPIRES SEPTEMBER 21, 2003 f 4 LUJ NOTARY PUBLIC, (STATE OF TEXAS Commission Expires: 94-t lU3 Printed Name: Li Sa � Tones STATE TE OF TEXAS Cfltuuj of p®©aii©s 351911berty Drive • Peodond, Texas 77581-5416 PERMIT NO BUILDING PERMIT APPLICATION BUILDING INSPECTION DEPARTMENT Phone 281-652-1638 JOB ADDRESS /0 3 7,4- S2e.Ainti,4[/' SUBDIVISION TAX I.D. N0. l /Gvoc-FIC LEGAL 1 DESCR. LOT NO.O` .5�d y BLK TRAo4q. / n,- ���,�—ABSTRACT SURVEY i/qU 3 (7cgF //e4o OWNER MAIL ADDRESS ZIP PHONE 2 5 9( /✓caocera i2 LA -Ain Le .299/ u S4hiou"Yaw paea,4yNc»ei { `no'/ 3 6 S)�7S6 /D oz., CONTRACTOR MAIL ADDRESS PHONE., 3 /1oh is l�s k o,-, /79.27 0/4 a 672ae,.,1) 2 _ C,�S7 Y 9a-f J ARCHITET OR DESIGNER MAIL ADDRESS PHONE REGISTRATION NO. 4 ENGINEER MAIL ADDRESS PHONE REGISTRATION NO. 5 Tla fs i. /c /]ctlG /Fra o z/7/ C9 LOT SIZE LAND VALUE 5 /C'L( (14L 41 1- FLOOD ZONE 6 47gY4-6P-7_4-- We/ 7/d- X }AGE Ef BULL.DINC->" 7 9/& fiEM 8 CLASS OF WORK: 0 NEW 0 ADDITION 0 ALTERATION 0 REPAIR 0 MOVE ❑ DEMOLISH ASIGN 0 OTHER DESCRIPTION OF WORK 7 INTERIOR WALLS EXTERIOR CEILINGS FLOOR ROOF FOUNDATION l- VALUATION OF WORK: S / / / �'7/^U_ PLAN CHECK FEE PERMIT FEE SPECIAL CONDITIONS: TYPE OF CONST. OCCUPANCY GROUP BLD HEIGHT LIVING AREA SQ. FT NO. OF STORIES MAX. OCC. LOAD - GARAGE AREA SO. FT USE ZONE FIRE SPRINKLERS REQUIRE 0 YES 0 NO APPLICATION ACCEPTED BY PLANS CHECKED BY APPROVED FOR ISSUANCE BY NO. OF DWELLING UNITS PARKING REQUIRED DRIVEWAY WIDTH • NOTICE SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL, PLUMBING HEATING, VENTILATING OR AIR CONDITIONING. THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUC- TION AUTHORIZED IS NOT COMMENCED WITHIN 6 MONTHS, OR IF SPECIAL APPROVALS REQUIRED RECEIVED NOT REQUIRED ZONING HEALTH DEPT. FIRE MARSHAL ENGINEERING DEPT. CONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 1 YEAR AT ANY TIME AFTER WORK IS COMMENCED. I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPLICATION AND KNOW THE SAME TO BE TRUE AND CORRECT. ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED HEREIN OR NOT. THE GRANTING OF A PERMIT DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS OF ANY OTHER STATE OR LOCAL LAW REGULATING CONSTRUCTION OR THE PERFORMANCE OF COSTRUCTION. BOND OTHER SIGNATURE OF CONTRACTOR OR AUTHORIZED AGENT (DATE) SIGNATURE OF OWNER (IF OWNER BUILDER) (DATE) PRINT SIGNATURE II4 tea 5,D6 V 61 Lt) t?PX ,z • "3 en, vi Ice N5'_ ,&'NF-•62AOE 60 axe N sevo psi 0 W 000 CR E EK —rt.- .fr ,t p'1- i 1 1 ' 1 ....I ''' — • ir ts kis? • Air e2)700: P Ni(r,1 mt's l 4f 169 tt) 4 F "OVAL g—t-- .2 -25-00 Po le. car/P/C*4e L D4C kJ,NO Lc4D ToWs ,covno, moi 4vvo MASav,AY S ,t,/ tv!LL s'v/D`bRT A wn/D ZOAD off' /cb rnp, / v i?CCQAaAsl/cf wtrN 6oih/ ME Sec 44vo U,BG' oltV Er klbLt e-15:13P