Ord. 0654 04-26-93y34viUoUU
ORDINANCE NO. 654
AN ORDINANCE WAIVING THE ENCROACHMENT OF A BRICK WALL
OWNED BY PEARLAND REMINGTON LTD., INTO THE DEDICATED
RIGHT-OF-WAY OF BARRY ROSE ROAD.
WHEREAS, PEARLAND REMINGTON LTD., A Texas Limited Partnership
has heretofore dedicated a tract or parcel of land containing
0.5767 acres, more or less, for a proposed widening of Barry Rose
Road; and,
WHEREAS, within the land dedicated to public use by PEARLAND
REMINGTON LTD., there exists the encroachment of a brick wall
generally described by reference to the annexed plat; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That City of Pearland hereby waives the
encroachment of a certain brick wall into that certain tract or
parcel of land containing 0.5767 acres heretofore dedicated by
PEARLAND REMINGTON LTD. for a proposed widening of Barry Rose Road.
Exhibit "A", hereof, which is annexed hereto and incorporated
herein by reference, generally portrays the location of the subject
tract and encroachment.
Section 2. This waiver is effective only to the extent of the
existing encroachment, as detailed in the preceding Section, and as
generally described on the annexed Exhibit.
Section 3. This waiver is further effective only upon
execution of certain Protective Covenants acceptable to any
affected utilities and the CITY OF PEARLAND.
PASSED and APPROVED on First Reading this the a. 6 day of
, A. D., 1993.
PAT JONES
CITY SECRETARY
C. V. COPPILP it <
MAYOR
PASSED and APPROVED on Second and Final Reading this the % O
day of Q , A. D., 1993.
PAPS .JOKES
GTTY' SECRETARY
APPROVED AS TO FORM:
LESTER G. RORICK
CITY ATTORNEY
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MAYOR
PROTECTIVE COVENANTS
PEARLAND REMINGTON LTD., A Texas Limited Partnership of
Brazoria County, Texas, is the owner of record of a certain tract,
or parcel of land, located on Barry Rose Road. CITY OF PEARLAND,
a municipal corporation and body politic, organized and existing
pursuant to the laws of the State of Texas, is trustee for the
public of a dedicated right-of-way commonly known as Barry Rose
Road.
CITY OF PEARLAND acknowledges and consents to the
encroachment of a brick wall into the Barry Rose Road right-of-way.
CITY OF PEARLAND's acknowledgment and consent is specifically
limited to the encroachment herein described, and no additional
encroachment of any nature whatsoever shall be construed as having
been consented to herein.
PEARLAND REMINGTON LTD., agrees and covenants to indemnify and
hold harmless CITY OF PEARLAND, its successors and assigns, from
and against any and all liability, claims, losses, demands, injury
or other casualty to property or to persons, including costs and
attorney's fees, caused by, growing out of, or occurring in
connection with the hereinabove referenced encroachment into the
dedicated right-of-way of Barry Rose Road, even if CITY OF PEARLAND
is shown to be negligent or grossly negligent in whole or in part.
CITY OF PEARLAND expressly reserves the right and PEARLAND
REMINGTON LTD., expressly acknowledges and consents to this right,
to remove without liability therefor, any material or structure
contributing to the encroachment acknowledged herein, should such
removal be desirable in order for CITY OF PEARLAND to gain access
for any reason whatsoever to the CITY OF PEARLAND's properties in
or on such right-of-way. The parties hereto expressly agree that
CITY OF PEARLAND 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 OF PEARLAND shall under
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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 /a day of
1993.
CITY OF PEARLAND
By: g://Z:47---1-----5,14-7
PEARLAND REMINGTON�LTD.
S GIN R» lanLYRR7j0 2.
By:
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF BRAZORIA
BEFORE
// ME,��the undersigned authority, on this day personally V• appeared C;•e,(Ge,c/ , known to me to be the person whose
name is subscribed Ito ltthe foregoing instrument of writing, and
acknowledged to me that he executed the same for the purposes and
consideration therein expressed and as an act and deed of said CITY
OF PEARLAND, TEXAS.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the /0 day of
, 1993.
00000000000000000000000000000000
i
PATSY JONES
Notary pudic. State d Term
lay Commtadaa Emlm$ 05-29-1994
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NOTARY 4e :L�� IN AND FOR THE
TA •` OF TEXAS
ACKNOWLEDGMENT
THE STATE OF TEXAS 0
COUNTY OF BRAZORIA
BEFORE ME, the undersigned authority, on this day personally
appearedCrgm,C.S a. QA,i-rat cz , known to me to be the person whose
name is subscribed to the foregoing instrument of writing, and
acknowledged to me that he executed the same for the purposes and
consideration therein expressed and as an act and deed of said
PEARLAND REMINGTON LTD.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the /3 ' day of
c79- , 1993.
�FNY FU
SHARON PARKS
r } Notary
�c. State of Texas
Corrymiss%on Expires 3-17-97
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NOTARY PUBLIC IN AND FOR THE
STATE OF TEXAS
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THE STATE OF TOM
COUNTY OF BRAZORtA
I. DOLLY BAILEY, Clerk of the Comfy Court InmdforBrayode Comfy,
Texas, do hereby certify that this instrument was FILED FOR RECORD
end RECORDED In the OFFICIAL RECORD at the lime and date as
stamped hereon by me.
841
Carob Clerk of 8m ib Co, TX
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