Ord. 1138 12-08-03ORDINANCE NO. 1138
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, WAIVING THE ENCROACHMENT OF A MONUMENT SIGN AND
BRICK FLOWER BEDS INTO THE CITY'S RIGHT-OF-WAY AT THE
INTERSECTION OF C.R. 59 AND JACKSON AVENUE IN THE CITY OF
PEARLAND.
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 such
right-of-way; 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
monument sign and brick flower beds into the City's right-of-way of located at the
intersection of C.R. 59 and Jackson Avenue in the City of Pearland.
Section 2. This waiver is effective only to the extent of the encroachments
generally described herein and depicted in Exhibits "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.
1
ORDINANCE NO. 1138
PASSED and APPROVED ON FIRST READING this the 24th day of
November , A. D., 2003.
ATTEST:
APPROVED AS TO FORM:
1/ARRIN M. COKER
CITY ATTORNEY
2
TOM REID
MAYOR
ORDINANCE NO. 1138
PASSED and APPROVED ON SECOND AND FINAL READING this the 8th day of
December , A. D., 2003.
ATTEST:
APPROVED AS TO FORM:
04,...: H. CFIL
DARRIN M. COKER
CITY ATTORNEY
,--______%-kd ?3
TOM REID
MAYOR
3
Exhibit "A"
Ordinance No. 1138
PROTECTIVE COVENANTS
Cervelle Homes ("CERVELLE") is the owner of record of certain property
generally located at the intersection of C.R. 59 and Jackson Avenue in the City of
Pearland. 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 located at
the intersection of C.R. 59 and Jackson Avenue.
City acknowledges and consents to the encroachment of a monument sign and
brick flower beds into the City's right-of-way as 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.
CERVELLE 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 CERVELLE, CERVELLE'S SUCCESSORS OR ASSIGNS, OCCURRING
IN CONNECTION WITH THE HEREINABOVE REFERENCED ENCROACHMENT INTO
THE CITY'S RIGHTS -OF -WAY, AND WHICH ARE CAUSED IN WHOLE OR IN PART BY
THE NEGLIGENCE OF CITY, ITS OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS,
OR ASSIGNS. CERVELLE SHALL KEEP AND HOLD HARMLESS CITY, ITS OFFICERS,
1
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 CERVELLE 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 CERVELLE expressly acknowledges and
consents to this right, to remove without liability therefore, 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 rights -of -way. 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 gth day of December
CITY OF PEARLAND
By:
, 2003.
Bill Eisen
City Manager
Cervelle Homes
OWNER
By:
Printed N
Title:
3
THE STATE OF TEXAS
COUNTY OF /el- 2 o CM -
BEFORE ME, the undersigned Notary Public, on this day personally appeared
/ Si ,S (2-,2 , 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 9% DAY OF
, A.D., 2003.
PE LA N. LEHMAN y
Notary PUNK, Steof Texas k
(icy Commission Expires:
APRIL 2, 2005
THE STATE OF TEXAS
COUNTY OF irriZp2t/-
C>NOTARY PUBLIC, STATE OF TEXAS
Commission Expires: /lrZ/ ‘,200S'
Printed Name: re_ i7� it/ 2�4m..-i
BEFORE ME, the undersigned Notary Public, on this day personally appeared
1'6 (<c..vtcl , 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 I2-"' DAY OF
ecevti,ber , A.D.; 2003.
N TAR PUBLIC, STATE OF TEXAS
Commission Expires: '%• /5, 200 {0
Printed Name: t.)-e shn
4
r
!s.
zzAr
2.5' E.E.
1G
4
C.R. 59
3NV1 9N0211SW21V
>11VM 3IlHnd ,iv
1,4
,00'S9
1
R
'3'n ,tiI
J
{
NO
,00'09
2.5' E.E.
1 no. 5 rtber tib
12' mNl PIER
r—�
L — J
brick flower beds (3) In esplanade
13'—V
COLUMNS BETWEEN FENCING (13)
'l,
lU
10'
y