Ord. 1016 08-13-01ORDINANCE NO. 1016
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, WAIVING THE ENCROACHMENT OF A CONCRETE SLAB INTO
THE CITY'S TEN FOOT (10') UTILITY EASEMENT LOCATED NEAR THE
INTERSECTION OF FM 518 AND DIXIE FARM ROAD IN THE CITY OF
PEARLAND.
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
desires to gain access for any reason whatsoever to the City's interest in or on such
easement; 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 a
concrete slab into the City's ten foot (10') utility easement located near the
intersection of FM 518 and Dixie Farm Road in the City of Pearland.
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.
PASSED and APPROVED ON FIRST READING this the 23 day of
July , A. D., 2001.
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cc:Cntl
TOM REID
MAYOR
ORDINANCE NO. 1016
ATTEST:
PASSED and APPROVED ON SECOND AND FINAL READING this the 13 day
of August , A. D., 2001.
ATTEST:
APPROVED AS TO FORM:
AM.L, 11.C.746
DARRIN M. COKER
CITY ATTORNEY
onn,
TOM REID
MAYOR
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PROTECTIVE COVENANTS
Pearland Center, Ltd. ("Center") is the owner of record of a certain tract or
parcel of land generally located near the intersection of FM 518 and Dixie Farm Road
in the City of Pearland. The City of Pearland, a Municipal Corporation organized and
existing pursuant to the laws of the State of Texas ("City"), owns a ten foot (10')
utility easement located near the intersection of FM 518 and Dixie Farm Road.
City acknowledges and consents to the encroachment of a concrete slab into
the City's ten foot (10') utility easement located near the intersection of FM 518 and
Dixie Farm Road depicted in Exhibit "A". 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.
CENTER 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
CENTER, CENTER'S SUCCESSORS OR ASSIGNS, OCCURRING IN CONNECTION
WITH THE HEREINABOVE REFERENCED ENCROACHMENT INTO THE CITY'S
EASEMENT, AND WHICH ARE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE
OF CITY, ITS OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, OR ASSIGNS.
CENTER SHALL KEEP AND HOLD HARMLESS CITY, ITS OFFICERS, AGENTS,
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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. IT IS THE EXPRESSED INTENTION OF BOTH
CENTER AND CITY THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION IS
INDEMNITY BY CENTER 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 Center 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 the City to gain access for any reason whatsoever to the City's
interests 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 under any duty or responsibility to restore any materials and/or
structures so removed and/or damaged.
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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 43 day of
CITY OF PEARLAND
By:
, 2001.
Bill Eisen
City Manager
PEARLAND CENTER, LTD.,
OWNER
By:
Printed Na
Title:
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THE STATE OF TEXAS §
COUNTY OF t r&CC,orio- §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
, known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he/she executed
the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS I LI DAY OF
, A.D., 2001.
MELINDA K. WELSH
Notary Public, State of Texas
My Commission Expires:
02/20/2005
THE STATE OF TEXAS §
COUNTY OF HAR,pas §
riS kan.A10t-- { . legs
NOTARY PUBLIC, STATE OF TEXAS
Commission Expires: 42--6I 9-00S
Printed Name: d i nob& W.tk k
BEFORE ME, the undersigned Notary Public, on this day personally appeared
S',, jwj (,{ f l I rye , known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he/she executed
the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 3/51- DAY OF
Ctususf , A.D., 2001.
sittraw son rum
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NOTARY, STATE OF TEXAS
Commission Expires: 4-9-011
Printed Name: Carolyn .Shepn ed