Ord. 0710 1995-12-11ORDINANCE NO. 710
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 7,
BLOCK 1, OF THE PINESHADOWS SUBDIVISION, LOCATED AT
2007 PINEHILL DRIVE EAST, IN THE CITY OF PEARLAND,
BRAZORIA 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 7, Block 1, of the Pineshadows Subdivision, located at
2007 Pinehill Drive East, Pearland, Brazoria 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 the day of
A. D., 19 151.
ATTEST:
YOLA C. BENITWZ
CITY SECRETARY
TOM REID
MAYOR
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day of
ATTEST:
3/414) a
ORDINANCE NO. 710
PASSED and APPROVED ON SECOND AND FINAL READING this the HU
A4W, A. D., 19.
Y,b�tl�NDA C. BENiTEZ
LITY SECRETARY
APP'SVED AS TO FORM:
S McCULLOU H
CIT TORNEY
TOM REID
MAYOR
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WALKER L. TK .C:Stii
?eyislered Prgfei zional Land Surveyor
P.O. Bo. 2113
Prullnd, rani 775115
71348S-5121
at,ut 1•t-20( arts April 10,, 1991
VU.OII( Wij1)+�S Y , pn¢ wife Marianne Lad
►area„/wat,li z007 flnehjll pr)Ye Esft. Pearland. Texas 7758i
NOTE: This property does not Ile within the 100 year flood plain.
according to the-F.E.M.A. Flood insurance Rate Map for the City
of Peariend, Texas, Community -Panel No. 480077 0065 H, Dated:
June 5, 1989. Zone X (C).
s
inn itraSED that erearcvvterxad lay DEVO
MCf1to an arse of the City S .r other restrictive rear*a
ARE OATH* ADVISED that failure to t
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PLAT SHOWING A SURVEY OF LOT 7, BLOCK 1, P}NESHADOWS, A SUB-
DIVISION OF 22.811 ACRES OUT OF TRACT 4 OF THE PARTITION OF A.
120.44 ACRE TRACT IN THE W.D.C. MALL LEAGUE SURVEY, ABSTRACT e :
mni 8RAZORIA COUNTY, TEXAS, ACCORDING TO T$E NAP OR PLAT OF
RECORD IN VOLUME 15, PAGE 327 AND REPLAT OF RECORD IN YOLIHE
15, PAGES 3E3-384, BOTH OF PLAT RECORDS, BRAZORIA COUNTY, TEXAS.
OR COC1‘
• TO: Texas Fidelity Title co., GFly 9000451 , and Independence One Mo l r Exc} s1
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/SIT !Alt ,Las Ltattt1L♦ TMnO it ',r •;K pr tr.H 11/u.L Y. .ee t 1T inrl ,.M(1,(d..t "nit 1"...MS TO TML �LaY�1
Wirt SO( ILLY Or 'arts, on Sutrt,n,5 Sn.,i os . c :al t'r,:st ,, .e. . C,rtc<.. r Ceve :uon - r. y , Sent vry.
zentisirst
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WALKER L. TRIFSH
Registered Proressioual
l,nni surveyor No. 1d95
PROTECTIVE COVENANTS
William C. Ward, Jr., and wife, Marianne Ward ("Owners"), are
the owners of record of a certain tract or parcel of land,
generally described as Lot 7, Block 1, Pineshadows Subdivision,
located at 2007 Pinehill Drive East, Pearland, Brazoria 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 switmuing 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. Further-
more, 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 day of DeCe.►ti,,b
19 05
CITY OF PEAR
aul Grohrnan, City Manager
William C. Ward, Jr., Owner
GOAN A L Wa./Ld
Marianne Ward, Owner
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THE STATE OF TEXAS
COUNTY OF BRAZORIA
§
§
his instrument was acknowledged before me on
19f, by Paul Grohman, City Manager of the City of Pearland,
Texas.
TOMMIE JEAN VIAL
1** in 1:1 Notary Public. State of Texas
Commission Expires 2-25-97
THE STATE OF TEXAS
COUNTY OF BRAZORIA
ARY PUBLIC, ATE OF TEXAS
Commission Expires: -%
Printed Name: ry7/ ,T Rh '/14i ✓
This instrument was acknowledged before me on j)QJe-rvdoe-r -17 ,
19 '/S , by William C. Ward, Jr.
14r{N s s.ISj� 0, JONES
.r = cv(3; Am, PUB:1C • STATE OF TEXAS
s+:• '.g MY COMMISSION EXPIRES
%iglo $EPTEMBER 21, 1999
THE STATE OF TEXAS
COUNTY OF BRAZORIA
NOTARY PUBLofC, STATE OF TEXAS
Commission Expires: 941-1 /Y
Printed Name: L15 a D -3-or►.e,s
§
§
§
This instrument was acknowledged before me on NOJP. .toCr �it ,
19 OS , by Marianne Ward.
{�{{N{N!,•
(`.'•'•`"''' £ LISA D. JONES
�:• �y'r Ammo, PUBIC • STATE RETINAS 1
*s'a�f S'r iE�r�•�s MY COMMISSION EXPIRES
�'Nr"` SEPTEYBER 21, 1999 t
PO-
0
1LY\QMs
NOTARY PUBLIC, STATE OF T XA,S
Commission Expir s : g�(Igq
Printed Name: L sa T . J Q nes
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