Ord. 1137 12-08-03ORDINANCE NO. 1137
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, WAIVING THE ENCROACHMENT OF AN ELECTRIC LINE INTO A
UTILITY EASEMENT.
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 or a
Public Utility desires to gain access for any reason whatsoever to the utility easement.
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 an
electric line located at 2704 Briar View Drive (Property) into a utility easement.
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. 1137
PASSED and APPROVED ON FIRST READING this the 24th day of
November , A. D., 2003.
TOM REID
MAYOR
ATTEST:
YNG
Y S ' ETARY
C
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
ORDINANCE NO. 1137
PASSED and APPROVED ON SECOND AND FINAL READING this the 8th day of
December , A. D., 2003.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
4-u-hOrk"----__
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
Ordinance No. 1137
PROTECTIVE COVENANTS
Dwight and Laura Wright (Wright) are the owners of record of a certain tract or
parcel of land generally located at 2704 Briar View Drive in the City of Pearland. City
acknowledges and consents to the encroachment of an electric line into the utility
easement 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.
WRIGHT 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 WRIGHT, WRIGHT'S SUCCESSORS OR ASSIGNS, OCCURRING IN
CONNECTION WITH THE HEREINABOVE REFERENCED ENCROACHMENT INTO THE
CITY'S DRAINAGE EASEMENT, AND WHICH ARE CAUSED IN WHOLE OR IN PART
BY THE NEGLIGENCE OF CITY, ITS OFFICERS, AGENTS, EMPLOYEES,
SUCCESSORS, OR ASSIGNS. WRIGHT 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
CITY OF PEARLAND
By:
BilI"Eisen
City Manager
Dwight Wright and Laura Wright
By:
Printed ame: Ja.-Zrserril t.h2.�Z,tl—
By: a,l (� k,L f
Printer Name: Lau i{. L► }
THE STATE OF TEXAS §
COUNTY OF �i�-2� s%�� §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
/ sg-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 9 DAY OF
�z, A.D., 2003.
a.-LEHMAN
ate of Texas
r Expires:
005
.7‘
NOTARY PUBLIC, STATE OF TEXAS
Commission Expires: 49,*?
Printed Name: (2e ✓/2- 7t/-
THE STATE OF TEXAS §
COUNTY OFt'Cm-w re A §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
W;• - -E- Laura_ Wrick4, , 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 I24-h DAY OF
_Dect bier' , A.D., 2003.
NO ARY BLIC, STATE OF TEXAS
Commission Expires: 'i• / 5.2 0 o m
Printed Name: X'. Sky,/-ih
PROPERTY LINE