Ord. 0978 03-13-01ORDINANCE NO. 978
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, WAIVING THE ENCROACHMENT OF A
BUILDING INTO THE CITY'S RIGHT-OF-WAY LOCATED AT
8101 FITE ROAD IN THE CITY OF PEARLAND, BRAZORIA
COUNTY, TEXAS.
WHEREAS, the owner of the subject property has requested waiver of the
existing encroachment of a building into the City's right-of-way; 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
building into the City's right-of-way located at 8101 Fite Road in the City of Pearland,
Brazoria County, Texas.
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 24th day of
July , A. D., 2000.
1
TOM REID
MAYOR
ORDINANCE NO. 978
ATTEST:
UNG
TY SEETARY
PASSED and APPROVED ON SECOND AND FINAL READING this the lath day
of August , A. D., 2000.
ATTEST:
UNG G
TY S ETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
On/ P€4.-t0
TOM REM
MAYOR
2
Exhibit "A"
PROTECTIVE COVENANTS
Tele-Flow, Inc. ("Tele-Flow") is the owner of record of a certain tract or parcel
of land generally located at 8101 Fite Road in the City of Pearland, Brazoria County,
Texas ("Property"). The City of Pearland, a Municipal Corporation organized and
existing pursuant to the laws of the State of Texas ("City"), owns the right-of-way
called Fite Road.
City acknowledges and consents to the encroachment of a building into
the City's right-of-way located at 8101 Fite Road depicted in Attachment 1. 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.
TELE-FLOW 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 WHATSO-
EVER 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 TELE-FLOW, TELE-FLOW'S SUCCESSORS OR ASSIGNS, OCCURRING
IN CONNECTION WITH THE HEREINABOVE REFERENCED ENCROACHMENT INTO
THE CITY'S RIGHT-OF-WAY, AND WHICH ARE CAUSED IN WHOLE OR IN PART BY
1
THE NEGLIGENCE OF CITY, ITS OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS,
OR ASSIGNS. TELE-FLOW 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 REFERENCED ENCROACHMENT. IT IS THE EXPRESSED
INTENTION OF BOTH TELE-FLOW AND CITY THAT THE INDEMNITY PROVIDED FOR
IN THIS SECTION IS INDEMNITY BY TELE-FLOW 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 acknowledges the encroachment described herein, and it's right to remove
any material or structure contributing to the encroachment 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
2
be responsible for the reasonable costs and expenses attributable to the removal,
damage, or replacement resulting from the City's widening of Fite Road.
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 24 day of July , 20 00 •
CITY OF PEARLAND
Glen R. E in
City Manager
TELE-FLOW, INC.
By:
Pri
Title:
3
cYLva-
THE STATE OF TEXAS
COUNTY OF BRAZORIA
BEFORE ME, the undersigned Notary Public, on this day personally appeared
Glen R. Erwin, City Manager of the City of Pearland, Texas, known to me to be the
person whose name is subscribed to the foregoing instrument and acknowledged to
me that he executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS ,2,6 DAY OF
, A.D., 20 06 .
L
MELINDA K. WELSH
otary Pudic, State of Texas
My Commission Expires:
02/20/2005
THE STATE OF TEXAS
COUNTY OFbile) U
NOTARY PUBLIC, STATE OF TEXAS
Commission Expires:09,0/2006
Printed Name: rnelThedrk K. imdk
BEFORE ME, the undersigned Notary Public, on this day personally appeared
1.,31 known to me to be the person whose name is
sublicJribed to the foregoing instrument and acknowledged to me that he/she executed
the same for the purposes and consideration therein expressed.
0
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS Oda DAY OF
, A.D., 20 01 .
PATRICIA O. BILLIOT
CTAMIIHICSIATEOFTWS
COMntw/ WIRES:
AUGUST 31, 2004
4
NOTARY PUBLIC, STATE OF TEXAS
Commission Expires:
8-31-c9Ce*
Printed Name: P+C; i_ C Oji \ p�
Attachment 1
PARCEL NUMBER 43
DESCRIPTION OF A
RIGHT-OF-WAY TAKING
FITE-HARKEY SEWER PROJECT
CITY OF PEARLAND, BRAZORIA COUNTY
Being a 0.0928 acre (4,043 square feet) of land out of a 2.5 acre tract out of the
Southwest 'A of the Northwest' Vs of Section 17, in the H.T. & B. R.R. Company, Survey
Abstract 242, Brazoria County, Texas, being that tract of land from Blaine F. Barker II,
dba Barker Development unto Barace Products Company, Incorporated, April 7, 1986
recorded in Volume 86264, Page 173 in the Official Records of Brazoria County
(O.R.B.C.), Texas;
COMMENCING at a found railroad crosstie located 660.00 feet south from the center
point of the northwest Vs of Section 17, in the H.T. & B. R.R. Company, Survey Abstract
242 and being the northeast corner of Earl M. Onitsuka's 2.5 acre tract as described in
Volume 1381, Page 129-131 of the O.R.B.C.;
THENCE, South 87 degrees 20 minutes 30 seconds West, a distance of 494.41 feet to a
found V2 inch iron rod being the northeast corner of said described 2.5 acre tract and also
being the northwest corner of Tele-Flow, Incorporated as described in 0 R B C County
Clerk's File number 97-002482;
THENCE, South 02 degrees 41 minutes 10 seconds East, a distance of 635.56 feet with
the common east line of said 2.5 acre tract and the west line of Tele-Flow, Incorporated to
an set X cut in concrete drive and being the POINT OF BEGINNING;
THENCE, continuing South 02 degrees 41 minutes 10 seconds East, passing at a distance
of 9.80 feet the existing north Right -of -Way line of Fite Road (CR 91) as occupied, for a
total distance of 24.44 feet to the southeast corner of said 2.5 acre tract;
THENCE, South 87 degrees 25 minutes 36 seconds West, a distance of 164.89 feet with
the south line of said tract to the southwest corner of said described 2.5 acre tract and the
southeast corner of Basil L. and Carrie M. Cogbill 10 acre tract as described in general
warranty deed as recorded in Volume 1393, Page 859-860 in the O.R.B.C.;
THENCE, North 02 degrees 41 minutes 38 seconds West, with west line of said
described 2.5 acre tract and the east line of the 10 acre Cogbill tract, passing at a distance
of 15 02 feet a found 1 inch iron pipe and the north right-of-way line of said Fite Road, as
occupied, for a total distance of 24.60 feet to a set 5/8" iron rod in the Proposed North
Right -of -Way line of Fite Road;
THENCE, North 87 degrees 25 minutes 36 seconds East, a distance of 164.89 feet to the
Page 1 of 2
With the Proposed North Right -of -Way line of Fite Road to the POINT OF
BEGINNING and containing 0.0928 acre (4,043 square feet) of land (of which 2,445
square feet is within the exist occupied right-of-way of Fite Road).
Bearings are based on the City of Pearland monumentation and are referenced to the
North Right -of -Way line of Fite Road (CR 91). A plat accompanies this legal description.
Carter & Burgess, Inc.
Gary Carlile
Register Profe : onal Land Surveyor No. 4917
March 14, ! s 0
HA993065W-0IOACEMPARCELSWarc 43.doc
Page 2 of 2
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