Ord. 1119 07-14-03ORDINANCE NO. 1119
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, WAIVING THE ENCROACHMENT OF A SEWER SYSTEM
GRINDER AND AIR CONDITION SLAB ONTO PROPERTY OWNED BY
THE CITY.
WHEREAS, the owner of the subject property has requested a waiver of
encroachment and acknowledges that such waiver extends until such time as the City
desires to gain access for any reason whatsoever to the City's interest in or on it's property.
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 sewer
system grinder and air-conditioning slab located at 1729 E. Boradway (Property) onto
property owned by the City.
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.
ORDINANCE NO. 1119
PASSED and APPROVED ON FIRST READING this the 14th day of
July , A. D., 2003.
r
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
ORDINANCE NO. 1119
PASSED and APPROVED ON SECOND AND FINAL READING this the 28th day of
Jul v , A. D., 2003.
TOM REID
MAYOR
ATTEST:
NG
Y SE ETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
PROTECTIVE COVENANTS
Unit Development, Inc. (Unit) is the owner of record of a certain tract or parcel of
land generally located at 1729 E. Broadway in the City of Pearland. City acknowledges
and consents to the encroachment of a sewer system grinder and air-conditioning slab
onto the City's property to the extent depicted in Exhibit "A." City's acknowledgment and
consent is specifically limited to the encroachment herein described, and as described in
the Ordinance waiving the encroachment, and no additional encroachment of any nature
whatsoever shall be construed as having been consented to herein.
UNIT 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 UNIT, UNIT'S SUCCESSORS OR ASSIGNS, OCCURRING IN
CONNECTION WITH THE HEREINABOVE REFERENCED ENCROACHMENT INTO THE
CITY'S PROPERTY, AND WHICH ARE CAUSED IN WHOLE OR IN PART BY THE
NEGLIGENCE OF CITY, ITS OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, OR
ASSIGNS. UNIT 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, TO THE EXTENT
ALLOWED BY LAW. IT IS THE EXPRESSED INTENTION OF BOTH UNIT AND CITY
THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION IS INDEMNITY BY
DISTRICT 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 Unit expressly acknowledges and consents to
this right, to remove without liability therefore, any material or structure contributing to the
encroachments 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 property.
Prior to such removal, the City shall provide written notice to Unit of such desired removal
in order to allow Unit the opportunity to remove the encroachments. If Unit fails to remove
the encroachments within 30 days from the date of the written notice, the City may proceed
with the removal. 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 day of , 2003.
CITY OF PEARLAND
By:
Bill Eisen
City Manager
Unit Development, Inc.
By:
Printed Name: Za y4c G.,
EXHIBIT
APRIL 19, 1964
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TO: COMPASS BANK AND STEWART TITLE, EXCLUSIVE_
THE STATE OF TEXAS
COUNTY OF-Ertlx.o 121 h.
BEFORE ME, the undersigned Notary Public, on this day personally appeared
I E i.s-e r, , 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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 3r4 DAY OF
e ev n be r- , A.D., 2003.
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EXP1iLE OOtp``��
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THE STATE OF TEXAG §
COUNTY OF /iced. §
N ARY UBLIC, STATE OF TEXAS -.
Commission Expires: T • /5- . 20040
Printed Name: L r- , 41^ �i • Srn G�
BEFORE ME, the undersigned Notary Public, on this day personally appeared
ayhc, A%soh /o-747e , 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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS /7 DAY OF
fps , A.D., 2003.
4,*: PN.y, JAIME HERNAN VACA, JR.
' ;, MY COMMISSION # CC 891331
• 'a= EXPIRES: November 29, 2003
•;.6; oF•. ,o Bonded Thru Notary Public Underwriters
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NOTARY PU LIC, STATE OF TEXAS
Commission Expires: //- Z7- 2.co3
Printed Name: ;1,,,e, %I tr
CERTIFICATION
THE STATE OF TEXAS
COUNTIES OF BRAZORIA, HARRIS &
FT. BEND.
I, LaKeisha Cannon -Scott, Deputy City Secretary of the City of Pearland, Texas,
hereby certify that the attached constitutes a true and correct copy of ORDINANCE NO.
1119; duly passed and approved on its Second and Final by the City Council on the
28th day of July 2003.
Witness my hand and seal of the City of Pearland, Texas, this 1st day of August,
2003, at Pearland, Texas.
(1 `'I
LaKeisha Cannon -Scott
Deputy City Secretary
J3519 LIBERTY DRIVE • PEARLAND, TEXAS 77581-5416 • 281-652-1600 • www.ci.pearland.tx.us
Esttl AA A-L
Printed on Recycled Paper
RECORDER'S MEMORANDUM:
At the time of recordation, this instrument was found to be
inadequate for the best photographic reproduction because
of illegibility, carbon, or photo -copy, discolored paper, etc.
All blockouts, additions and changes were present at the
time the instrument was filed and recorded.
STATE OFTEXAS
COUNTY OFF BRAZORIA
I, JOYCE HUDMAN, Clerk of the County Court in and for Brazoria
County, Texas do hereby certify that this instrument was FILED
FOR RECORD and RECORDED in the OFFICIAL RECORD at the
lima and date as stamped hereon by me.
co
County'Clerk of Brazoria Co., TX
FP ED FOR RECORD
T003 SEP I I P L : 22
(4)•44,.
COUNTY •CLERK .
BRAZORIA COUNTY TEXAS •