R92-27 08-24-92 R~SOLfJTION NO. R92-27
A RESOLUTION OF THE CITY OF PEARLAND, TEXAS, WAIVING THE
ENCROACHMENT OF A SWIMMING POOL, LOCATED UPON LOT 11,
BLOCK 6 IN GREEN TEE TERRACE SUBDIVISION, SECTION 1, INTO
A 16' DEDICATED EASEMENT.
WHEREAS, JOHN S. CRNKO and Wife, LEE ANN CRNKO, have requested
a waiver of the encroachment of their swimming pool into a 16'
dedicated utility easement, located along the south and easterly
boundary of Lot 11, Block 6, Green Tee Terrace Subdivision, Section
1; and
WHEREAS, the applicants have received the necessary consents
to encroachment from the affected utilities; and
WHEREAS, the applicants have further agreed to dedicate to the
public use an additional t0' utility easement adjoining that
certain 16' easement, into which encroachment is made; now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
Section 1. The City hereby consents to the encroachment of a
swimming pool owned by the applicants, JOHN S. and LEE ANN CRNKO,
into a dedicated 16' utility easement in Lot 11, Block 6, Green Tee
Terrace Subdivision, Section 1, as generally described in the
annexed survey, which is incorporated herein for all purposes and
designated Exhibit "A".
Section 2. Provided, however, that this waiver and consent
shall be effective only upon the execution of certain protective
covenants, a copy of which is likewise annexed hereto and incor-
porated herein by reference as Exhibit "B".
PASSED, APPROVED and ADOPTED this the ~ day of ~,
A. D., 1992.
ATTEST:
o - — —
APPROVED AS TO FORM:
LESTER RORICK
CITY ATTORNEY
(.1111 EXHIBIT "A"
An easement for public utilities containing 4,080 square feet of
land, more or less, out of Lots 11, 12 and 13, Block 6, Green Tee -
Terrace, Section 1, a subdivision in Harris County, Texas,
according to the map or plat thereof, recorded in Volume 170,
Page 568, Plat Records of Harris County, Texas and a reserve
reflected on the same plat, being further described by metes and
bounds as follows:
BEGINNING at the southwesterly corner of Lot 11, Block 6, Green Tee Terrace, Section 1;
THENCE South 38° 53' 00" East, a distance of 10.00 feet to a point for a corner;
THENCE North 51 ° 07' 00" East, parallel to the rear property lines of said Lots 11, 12 and 13,
a distance of 255.00 feet to a point for a corner;
THENCE North 38° 53' 00"West, passing the most southeasterly corner of Lot 13 at 10.00 feet,
a total distance of 16.00 feet to a point for a corner;
THENCE South 51 ° 07' 00" West, a distance of 255.00 feet to a point for a corner;
THENCE South 38° 53' 00" East, a distance of 6.00 feet to the POINT OF BEGINNING, said
easement containing 4,080 square feet of land, more or less.
Dated this the 29th day of July 1992.
" OF
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Jam D. Snowden, Registered Public.Land Surveyor #2646 DAMES O. SNOW'DEN‘,44 !
6111.9.0
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EXHIBIT "B"
PROTECTIVE COVENANTS
LEE ANN CRNKO the record owner(s) of Lot 11, Block 6, Green
Tee Terrace, Section 1, also known as 2617 Green Tee Drive,
according to the plat thereof and recorded in Volume 170, Page 28
of the Map Records of Harris County, Texas, and CITY OF PEARLAND,
TEXAS, a Municipal Corporation, (herein called "CITY") is the owner
of an interest in a 16' wide utility easement being the most
southeasterly side of Lot 11, Block 6, Green Tee Terrace Section 1';
LEE ANN CRNKO, and CITY do hereby covenant and agree as follows:1
CITY acknowledges and consents to the encroachment of la
swimming pool and a pool deck into the utility easement in which
CITY owns an interest. CITY's acknowledgement and consent is
specifically limited to the encroachment herein described and rio
additional encroachment of any nature whatsoever shall be construed
as having been consented to herein.
LEE ANN CRNKO acknowledges the existence of said utility
easement, and herein agree and covenant to indemnify and hold
harmless CITY, its successors and assigns, from and against any and
all liability, losses, claims, demands, injury or other casualty to
property and to persons, including costs and attorney fees, caused
by, growing out of, or occurring in connection with the hereinabove
referenced encroachment upon the utility easement, even if CITY is
shown to be negligent or grossly negligent in whole or in part.
CITY expressly reserves the right, and LEE ANN CRNKO expressly
acknowledge and consent to this right, to remove without liability
therefore, any material or structure constituting the encroachment
acknowledged herein, should such removal be desirable in order for
CITY to gain access for any reason whatsoever to CITY's properties
in or on such 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
---ate-- -- - _ I 1
(41115
The conditions and covenants are hereby declared to be
covenants running with the land and shall be fully binding upon al
persons acquiring any interest in the property, described herein,
whether by descent, demise, purchase, gift or otherwise.
ACCEPTED and AGREED to this the c2.`7 day of
A.D. , 1992.
CITY OF PEARLAND, TEXAS
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