Beazer Homes and Taylor Morrison

Browse Search

CONSENT TO ENCROACH AGREEMENT STATE OF TEXAS COUNTY OF HARRIS WHEREAS, the Beazer Homes Texas, L.P., and Taylor Morrison of Texas, Inc. (hereinafter "Owner", whether one or more), are the owner of those tracts of land together constituting the Morgan's Landing Subdivision development, in accordance with the MORGANS LANDING FINAL PLAT, Sections 1 through 5, Exhibit "A" attached, and duly recorded under Plat Record in Harris County Map Records; and WHEREAS, by virtue of such recorded plats, that certain recorded rights -of -way and utility easements have been dedicated to the public; and WHEREAS, Owner desires to construct private irrigation and landscaping improvements (hereinafter "Permitted Encroachments") within the dedicated rights -of -way and utility easements; and WHEREAS the locations of the proposed Permitted Encroachments are more specifically depicted upon Exhibit "A" attached hereto; and WHEREAS, prior to the construction or installation of the Permitted Encroachments, Owner shall submit properly engineered plans to the City of La Porte for review, approval, and permitting, and construction shall not occur until such plans have been approved. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS that the City of La Porte, Texas (the "City") hereby consents to Owner's Permitted Encroachments within the dedicated rights -of -way and utility easements, subject to the terms and conditions hereinafter set forth. TERMS AND CONDITIONS: 1. Owner and Owner's successors, heirs, and assigns agree to release, indemnify, defend and hold the City harmless from any and all claims or lawsuits for damages or loss to any person or property arising out of or in any way connected with the maintenance and use of said Permitted Encroachments, except where such injuries or damages are caused solely by the negligence of the City, its agents, or employees. 2. If the City, its successors, assigns or grantees, shall at any time and in its sole discretion determine that it is necessary to do so for the purpose of maintaining City facilities within the dedicated rights -of - way and/or utility easements, it shall be privileged to remove or alter the above -mentioned Permitted Encroachments (subject to City restoring as nearly as is practical the Permitted Encroachments to their former condition), all at Owner's cost. Owner, its successors, and assigns, hereby releases the City from any and all liability for damage caused to the Permitted Encroachments by any such removal, alteration or restoration. Owner, its successors and assigns further releases the City from any and all liability for loss of or damage to the Permitted Encroachments which may be caused by, result from or be related to the presence or malfunctioning of the City's facilities, regardless of whether its negligence may contribute to such loss or damage. 3. The City may, at its sole discretion, terminate this Consent to Encroach Agreement by giving Owner, its successors, assigns, agents or licensees written notice of such termination. Such written