Ord. 0709 1995-12-11ORDINANCE NO. 709
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, WAIVING THE ENCROACHMENT OF A PRIVATE SWIMMING
POOL INTO THE DEDICATED UTILITY EASEMENT ON LOT 26,
BLOCK 4, OF THE GREEN TEE TERRACE SUBDIVISION, SECTION I,
LOCATED AT 3015 COUNTRY CLUB DRIVE, IN THE CITY OF
PEARLAND, HARRIS COUNTY, TEXAS.
WHEREAS, the owners of the subject property have requested
waiver of the existing encroachment and acknowledge that such
waiver extends only for such time as the swimming pool 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 swimming pool which extends approximately
three (3) feet into a ten (10) foot wide dedicated utility easement
on Lot 26, Block 4, of the Green Tee Terrace Subdivision,
Section I, located at 3015 Country Club Drive, Pearland, Harris
County, Texas.
Section 2. This waiver is effective only to the extent of
the encroachment generally described on the annexed Exhibit.
Section 3. This waiver is further effective only upon the
execution of the Protective Covenants in a form acceptable to any
affected utility and the City of Pearland.
Section 4. This waiver is subject to receipt of releases
executed by TCI Cablevision of Houston; Southwestern Bell Telephone
Company; Entex, a Nornam Company; and Houston Lighting & Power
Company.
PASSED and APPROVED ON FIRST READING this thecMik day of
jT r/�c.yr� , A. D., 195—.
a
ATTEST:
YOMA*DA C. BENIZ
CITY1SECRETARY
TOM REID
MAYOR
Of-)
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day of
ATTEST:
YOLANDA C. BENI EZ
CITY SECRETARY
APPROVED AS TO FORM:
cCULLO G
CIT TORNEY
ORDINANCE NO. 709
PASSED and APPROVED ON SECOND ANDFINAL READING this the I`�K
, A. D., 19
TOM REID
MAYOR
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EXHIBIT "A"
N
4
in = 50'
/
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49
SURVEY PLAT SHOWING BOUNDARIES AND IMPROVEMENTS ON LOT 26 OF THE AMENDED
PLAT OF LOT 26 AND 27. BLOCK 4, GREEN TEE TERRACE SUBDIVISION, SECTION I.
ACCORDING TO THE MAP 0R PLAT THEREOF RECORDED IN FILM CODE NO. 356013,
OFFICIAL HAP RECORDS. HARRIS COUNTY, TEXAS.
This survey was made on the ground August 8, 1995, under my supervision and
conforms to the Texas Professional Land Surveying Practices Act and the
General Rules and Practices of the Texas Board of Professional Land
Surveying. as revised November. 1992.
Freddy A. Gormly. Registered Professional Land Surveyor No. 1918
P. 0, Box 862, Alvin, Texas 77512-0862 Phone (713)331-0883
Source of bearing based from recorded plat along southeast line.
Plat prepared to show pool encroachment in utility easement.
BK. 92-5 PG. 21 6 78
J94-165 F
PROTECTIVE COVENANTS
Genero Valdez and wife, Dora Valdez ("Owners"), are the owners
of record of a certain tract or parcel of land, generally described
as Lot 26, Block 4, Green Tee Terrace Subdivision, Section I,
located at 3015 Country Club Drive, Pearland, Harris County, Texas
("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 one
private swimming pool which extends approximately three (3) feet
into the ten (10) foot wide dedicated utility easement located
over, under, and across the property. 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.
OWNERS 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
OWNERS, OWNERS' HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, OR
ASSIGNS, OCCURRING IN CONNECTION WITH THE HEREINABOVE REFERENCED
ENCROACHMENT INTO THE DEDICATED UTILITY 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. OWNERS
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
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REFERENCED ENCROACHMENT. IT IS THE EXPRESSED INTENTION OF BOTH
OWNERS AND CITY THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION IS
INDEMNITY BY OWNERS 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 Owners expressly
acknowledge and consent to this right, to remove without liability
therefor, any material or structure contributing to the encroach-
ment acknowledged herein, should such removal be desirable in order
for the City to gain access for any reason whatsoever to the City's
properties in or on such right-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.
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 S 4` day of -beeErv.6er
19 9$
Grohman, City Manager
/lam ( i
enero Valdez, Owner
ora Valdez, Owner
THE STATE OF TEXAS
COUNTY OF BRAZORIA
This instrument was acknowledged before me on
19 f, by Paul Grohman, City Manager of the City
Texas.
TOMMIE JEAN VIAL
Notary Punic. State of Texas
Commission Expires 2-25-97
THE STATE OF TEXAS
COUNTY OF BRAZORIA
of Pearland,
OTARY PUBLIC, "FATE OF TEXAS
Commission Expires: c:;? /n
Printed Name: 7,;91enio YeF3n
This instrument was acknowledged before me on 1)-ete er
19 Qs , by Genero Valdez.
✓" 4, LISA D. JONES
r- NOTARY RBIE • STATE OF1tGS
el MY COMMISSION EXPIRES
2i��• SEPTEMBER 21, 1999
THE STATE OF TEXAS
COUNTY OF BRAZORIA
This instrument was
19q S , by Dora Valdez.
LISA D. JONES
tt1TARY PUPAE • STATE OFTEXIS
':'MMf$$IOti EXPIRES
21, 1999
"4*s LISA D. JONES
▪ IOEARY PISS • STATEOFRaMb
• MY comMtSSION DOMES
Stk " SEPTEMBER 1, 1999
fikULS
NOTARY PUBLIC,USTATE OF TEXAS
Commission Expires: 9,4-i/99
Printed Name: Lisa -)). S Or'ES
§
acknowledged before me on -ec.e,r,titoE e'
NOTARY PUBLIC,STATE OF TEXAS
Commission Expires: 9/24 9 ?
Printed Name: Lisa Imo: `TDh`ps
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