Ord. 0897 04-12-99ORDINANCE NO. 897
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, WAIVING THE ENCROACHMENT OF A
DECORATIVE WALK BRIDGE INTO THE CITY'S RIGHT-OF-WAY
AND TEN -FOOT (10') WATER/SEWER EASEMENT, LOCATED
AT 3710 PINE BARK, LOT 12, BLOCK 3, PINE HOLLOW
ESTATES, 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
bridge 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
decorative walk bridge into the City's right-of-way and ten -foot (10') water/sewer
easement located at 3710 Pine Bark, Lot 12, Block 3, Pine Hollow Estates, 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 and Only Reading this the �2 day of
/9/tie-
, A. D., 1999.
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4a
TOM REID
MAYOR
ORDINANCE NO. 897
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
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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.
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 /3T// day of fey
19 9 .
CITY OF PEARLAND
Glen R. EiSnrin
City Manager
OWNER
Gina Talbert
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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 IS'IAN' DAY OF
"f r' I , A.D., 19 99 .
.sta Nr y~•'fr' .
F.; ' ,,� USA D. JONES
4 ^*t * _ NOTARY FUBUC • STATE OF TEXAS
1 : $yr..... $;i MY COMMISSION EXPIRES
�' nos`+ SEPTEMBER 21, 1099
THE STATE OF TEXAS §
COUNTY OF §
NOTARY PUBLI STATE
OF TEXAS
Commission Expires: Li s D. To..es
Printed Name:
941119
BEFORE ME, the undersigned Notary Public, on this day personally appeared
Gina Talbert, known to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that she executed the same for the purposes and
consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF
, A.D., 19 .
NOTARY PUBLIC, STATE OF TEXAS
Commission Expires:
Printed Name:
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6
PJNEsHOLLOW FSFA?ES
LOT : 12
BU( :3
SECT :1
DATES
PRELDGXARY : 7-31-98
RENSiON' : 9-28-98
37 to ME BARK CURT
SCALE : 1" = 30'-0"
DAVID POURS HOMES PRELIMINARY SITE PLAN
NOT FOR CONS AUC110N
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PROTECTIVE COVENANTS
Gina Talbert ("Owner") is the owner of record of a certain tract or parcel of land
generally described as 3710 Pine Bark, Lot 12, Block 3, Pine Hollow Estates, in the
City of Pearland, Brazoria County, Texas, and being more particularly depicted in the plat
attached hereto as Exhibit "A" 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 decorative walk
bridge into the City's right-of-way and ten -foot (10') water/sewer easement depicted in
Exhibit "A", contingent upon Owner 's placement of a four inch (4") thick reinforced
concrete sloped plating under the bridge extending across the ditch for the full
width of the bridge, and in accordance with a detailed drawing approved by the
City Engineer. 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 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 OWNER, OWNER'S HEIRS, EXECUTORS, ADMINISTRATORS,
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SUCCESSORS, OR ASSIGNS, OCCURRING IN CONNECTION WITH THE
HEREINABOVE REFERENCED ENCROACHMENT INTO THE CITY'S RIGHT-OF-WAY
AND TEN -FOOT (10') WATER/SEWER EASEMENT 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 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 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 gain access for any reason whatsoever to the City's
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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
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CITY OF PEARLAND
By:
Glen R. Erwin
City Manager
OWNER
Gina Talbert
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