Ord. 1152 02-23-04ORDINANCE NO. 1152
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, WAIVING THE ENCROACHMENT OF A SWIMMING POOL 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 City's interest in or on
such 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 the
swimming pool located at 3114 West Oaks Boulevard (Property) into a dedicated 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.
Section 4. The owner of the property is responsible for securing written releases
from each of the public utilities holding franchises in the City of Pearland.
ORDINANCE NO. 1152
PASSED and APPROVED ON FIRST READING this the 9th day of
February , A. D., 2004.
TOM REID
MAYOR
ATTEST:
NG
SETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
ORDINANCE NO. 1152
PASSED and APPROVED ON SECOND AND FINAL READING this the 23rd day of
February , A. D., 2004.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
PROTECTIVE COVENANTS
Jim Tran is the owner of record of a certain tract or parcel of land generally located
at 3114 West Oaks Boulevard in the City of Pearland. City acknowledges and consents to
the encroachment of a swimming pool into the City's dedicated utility easement as depicted
in Exhibit "A." City's acknowledgment and consent is specifically limited to the encroach-
ment 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.
TRAN 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 TRAN, TRAN'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. TRAN 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 TRAN
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 or any public utility expressly reserves the right, and Tran 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 utility 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 day of , 2004.
CITY OF PEARLAND
By:
Bill Eisen
City Manager
Jim Tran
By:
Printed Name:
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