Ord. 1147 07-26-04ORDINANCE NO. 1147
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, DISCONTINUING AND DISANNEXING CERTAIN TERRITORY
FROM THE CITY AND ADJUSTING THE CITY'S BOUNDARIES
ACCORDINGLY; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE AND A REPEALER CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, pursuant to Section 1.04 of the City Charter, the City desires to
discontinue said territory in order that mutual boundaries between the City of
Pearland and Brazoria County Municipal Utility District No. 6 may be clearly
defined; and
WHEREAS, a public hearing was conducted before the City Council on
January 12, 2004, at 6:30 p.m., at the Pearland City Hall, 3519 Liberty Drive,
Pearland, Texas; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. The tract of land described in Exhibit "A", attached hereto and
incorporated herein for all purposes, is hereby discontinued and disannexed from
the City of Pearland, and the boundaries of the City are hereby adjusted
accordingly.
Section 2. The City Council finds and declares that no bond funds of the
City have been spent in the territory and no municipal improvements have been
made in said territory.
Section 3. Savings. All rights and remedies which have accrued in favor of
the City under this Chapter and amendments thereto shall be and are preserved for
the benefit of the City.
Section 4. Severability. If any section, subsection, sentence, clause,
phrase or portion of this Ordinance is for any reason held invalid, unconstitutional
or otherwise unenforceable by any court of competent jurisdiction, such portion
1
ORDINANCE NO. 1147
shall be deemed a separate, distinct, and independent provision and such holding
shall not affect the validity of the remaining portions thereof.
Section 5. Repealer. All ordinances and parts of ordinances in conflict
herewith are hereby repealed, but only to the extent of such conflict.
Section 6. Effective Date. This Ordinance shall become effective
immediately upon its passage and approval by the City Council..
PASSED and APPROVED ON FIRST READING this the 12th day of
January , A. D., 2004.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
ij 7e
2
ORDINANCE NO. 1147
PASSED and APPROVED ON SECOND AND FINAL READING this the 26th
day of
ATTEST:
July
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
, A. D., 2004.
TOM REID
MAYOR
3
DEC.12.2003 11:20AM JONES & CARTER NO.688 P.4
Kenneth P. Carter
Pearland
21.43 Acres
M.T. & B, Railroad Survey
Abstract No. 300
STATE OF TEXAS §
COUNTY OF BRAZORIA §
A METES & BOUNDS description of a 21,43 acre tract of land situated in the H.T, &. B
Railroad Survey, Abstract No, 300, Brazoria County, Texas, being Lot 59, Section 81 of the
Allison Richey Subdivision, plat of which is recorded in Volume 2, Page 98 of the Brazoria
County Plat Records, said Lot 59 conveyed to 288-10 LTD. by Assumption Warranty peed
recorded at Clerk's File No, 03029849 of the Brazoria County Official Public Records of
Real Property, being a portion of Lot 60, Section 81 of the Allison Richey Subdivision, plat of
which is recorded in Volume 2, Page 98 of the Brazoria County Plat Records, said Lot 60
conveyed to Hampton C. Robinson, Jr. by Executor's Deed recorded in Volume No. 1373,
page 103 of the Brazoria County Deed Records, said 21.43 acre tract being more
particularly described as follows with all bearings being referenced to a call of North
03°18'07° West along the west line of Woodbend Section 2 at Silverlake, plat of which Is
recorded in Volume 20, Pages 329 and 330 of the Brazoria County Plat Records;
BEGINNING at a 3/4-inch iron pipe found on the east line of State Highway 288 (varying
width), being the easterly line of a called 13.337 acre tract recorded In Volume 1041, Page
460 of the Brazoria County Deed Records, same being the common westerly comer of said
Lot 59 and said Lot 60, Section 81 of the Allison Richey Subdivision;
THENCE, North 03°16'06" West, 494.24 feet along said east line of State Highway 288
(varying width), and said easterly line of a called 13.337 acre tract to a point, same being
the common westerly corner of said Lot 59 and Lot 58, Section 81 of the Allison Richey
Subdivision as conveyed in Volume 1217, Page 433 of the Brazoria County Deed Records;
THENCE, North 86°45'03" East, along Me common line of said Lot 59 and said Lot 58, at
1.87 feet pass a 2" iron pipe found, at 858.49 feet pass a 1/2" iron rod found, at 858.63 feet
pass the westerly right-of-way of County Road 94 (80 foot wide) as recorded in Volume 2,
Page 98 of the Brazoria County Plat Records and Volume 20, Page 329 of the Brazoria
County Plat Records, same being the common easterly comer of said Lot 59 and Lot 58,
same being on the westerly line of Woodbend Section 2 at Silverlake as recorded in Volume
20, Page 329 of the Brazoria County Plat Records;
THENCE, South 03°18'07" East, 494.48 feet along the common line of said Lot 59 and said
Woodbend Section 2 at Silverlake to the common easterly comer of said Lot 59 and Lot 60
of said Section 81 of the Allison Richey Subdivision;
THENCE, South 03°18'07" East, 632,51 feet along the common line of said Lot 60 and said
Woodbend Section 2 at Silverlake to the southwest comer of said Woodbend Section 2 at
Silverlake, same being on the northerly right-of-way of County Road 59 (varying width) as
recorded in Volume 2, Page 98 of the Brazoria County Plat Records;
THENCE, South 86°43'54" West, 279.30 feet along said northerly right-of-way to a point on
the aforementioned easterly line of the 13.337 acre tract and the aforementioned east line of
Sate Highway 288 (varying width);
DEC.12.2003 11:20AM JONES & CARTER
NO.688 P.5
Kenneth P. Carter
Pearland
21.43 Acres
T>-IENC, along the easterly line of said
Highway 288 the following five (5) course
1, North 03°16'06" West, 40,00
found bears North 11 °38'16"
2. South 86°43'54" West, 200.0
found bears South 29°12'23"
3. North 71 °28'01" West, at 26.
"Cotton Surveying") found an
(with cap stamped "Cotton Su
bears South 04°54'03" East, 0
4. North 37°22'03" West, 82,81 f
5, North 03°16'06" West, at 12,
"Cotton Surveying") found an
BEGINNING, containing 21.4
SURVPROJ EC'i 515200-5299C1-1 EN1152961003121.43.D
H.T. & B. Railroad Survey
Abstract No, 300
13,337 acre tract and the east line of said State
and distances:
eet to a point from which a concrete monument
est, 1,23 feet;
feet to a point from which a concrete monument
est, 0.30 feet;
•3 feet pass a 3/4" iron rod (with cap stamped
continuing in all 380,81 feet to a 3/4" iron rod
eying") from which a concrete monument found
43 feet;
et to a point on a disturbed concrete monument;
.30 feet pass a 3/4" iron rod (with cap stamped
continuing in all 383.04 feet to the POINT OF
acres of land in Brazoria County, Texas.
c
2
PETITION FOR EXCLUSION OF LAND
THE STATE OF TEXAS
COUNTY OF BRAZORIA
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS:
The undersigned, 288-10 Ltd., a Texas Limited Partnership and CLMR Pearland Ltd.,
a Texas Limited Partnership, and Chocolate Bayou Community Federal Credit Union
(the "Petitioners"), respectfully petition the City of Pearland, Texas (the "City"), for the
exclusion of the territory hereinafter described from the City so that such lands and
territory shall be severed from the City and annexed into Brazoria County Municipal
Utility District No. 6 (the "District").
I.
The property sought to be excluded is located in Brazoria County Texas, and is
described by metes and bounds on Exhibit "A" attached hereto and incorporated herein
by reference for all purposes (the "Property").
II.
Petitioners are the holder of title to the Property as shown by the Brazoria County Tax
Rolls and conveyances of record. There are no liens on the Property, except for
F. W. Schammel etal.
WHEREFORE, PREMISES CONSIDERED, Petitioners pray that this Petition be
filed with the Secretary of the City, that a hearing to consider this matter be scheduled by
the City Council of the City, and, thereafter, that this Petition be granted in all respects
and the herein described Property be excluded from and severed from the boundaries of
the City in the manner provided for by law; and after this Petition has been granted, that it
and the City Council action be filed of record and recorded in the Office of the County
Clerk, Brazoria County, Texas; and that Petitioners have such other relief to which it may
show itself entitled.
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CO I7 24'E 493.98
STATE HWY, -288
•
•
•
BUYER Ennis M. Cooley County Road 94
DESCRIBED PROPERTY All that certain tract or parcel of land lying, being and
situated in the County of Brazoria, State of Texas, and being all of Lot 59, in
Section No. 81, H.T.&B.R.R. Co. Survey, Abstract No. 300, as shown by the Allison
Richey Gulf Coast Hone Company's Subdivision of said Section, called 10 acres,
found 9.9811 acres of land, and being described by metes and bounds as attached.
WESTAR LAND ...1�:
SURVEYORS, INC. rF
P n RCDX 669 • ALVIN. TX 77512-0669 �(��P � •'" ? S,S; +'9„
I do hereby certify that this survey was this day made on the ground of the property
legally described hereon. (or on the attached sheet), and k correct, and there are no
encroachments unless shown, and was done by me or under my ,yupervlslon, and
forms to or exceeds the current standards as adopted by the Texas Board of
rot esalonal land surveying.
DEC-8-2003 02:19 FROM:LYBRAND AND CARTER 7139650089
TO:2813424420 P:3/5
RESPECTFULLY SUBMITTED, EFFECTIVE the IC) -day of JiClj - 003.
PETITIONER:
288-10, LTD.,
a Texas limited partnership
By: KCR Management, LLC
A Texas limited liability company
Its: Co -General Partner
By:
THE STATE OF TEXAS
COUNTY OF HARRIS
Kenneth P. Carter, President
This instrument was acknowledged before me on this day
2003, by Kenneth P. Carter, President of KC.R Management, LLC, a Tex: united
liability company, co -general partn of 288-10, Ltd., a Texas limited . = ership, on
behalf of said limited partnership.
DEBORAH C. ' ITH
NOTARY PUBLIC
STATE OF TEXAS
My Comm. Exp. 11-15-2004
(SEAL)
Notary Publi • in and for the
tate of T A S
Name Printed or Typed
My Commission Expires: //-,- ,2oo
PETITIONER:
288-10, LTD.,
a Texas limited partnership
By: Mina Management, LLC
A Texas limited liability company
Its: Co -General Partner
E nis M. Cooley, President
DEC-8-2003 02:19 FROM:LYBRAND AND CARTER 7139650089
TO:2813424420 P:4/5
THE STATE OF TEXAS
COUNTY OF HARRIS
This instrument was acknowledged before me on this 8 da
2003, by Ennis M. Cooley, President of Mina Management, LLC, a Texas li ted
liability company, co -general partner of 288-10, Ltd., a Texas limited partnership, on
behalf of said limited partnership.
DEBORAH C. SMITH
NOTARY PUBLIC
STATE OF TEXAS
My Comm. Exp. 11-15-2004
(SEAL)
THE STATE OF TEXAS
COUNTY OF HARRIS
L Ave.
Notary Publi in and for the
ate of TEXAS
Name Printed or Typed
My Commission Expires: //-/S - ..,200477
PETITIONER:
CLMR Pcarland, Ltd.,
A Texas limited partnership
By: CLMR, LLC.,
A Texas limited liability company
Its: Sole General Partner
By:
•
This instrument was acknowledged before m.e on this day of
2003„ by Kenneth P. Carter, Manager of CLMR, LLC., a Texas limited liability
company, general partner of CLMR Pearland, Ltd., a Texas limited partnership, on behalf
of said limited partnership.
otary Publand for
State ofTEXAS
`o Pv a-. '. VALLI-MARIE REBSTOCK
_? 4 Notary Publi - ,4� ; , ry c. State of Texas
; 1+s= MyCommission Expires 05-15-05
",61,
(SEAL)
THE STATE OF TEXAS
n=
Name Printed or
My Commission •xpi
PETITIONER:
VALLI-MARIE REBSTOCK
Nota Pub i .
Texas
y Commission Expires 05-15-05
Chocolate Bayou Community Federal Credit Union
By: Gary Davis, CCUE
President/CEO
COUNTY OF Bru
This instrument was acknowledged before me on this (0 day of JJ c bei ,
2003, by Gary Davis, President and CEO of Chocolate Bayou Community Federal Credit
Union, on behalf of said credit union.
Public in and for the
'`Q<, ••''PRYP�BIi .-55S. State ofTEXAS
. �t� �PI\ � } )c c . -R. Ce (
r94oF- - Name Printed or Typed
EhRE;:�
My Commission Expires: 1 )(1- )Oft
Al-HUAVI I 01- I'UBLIC;AI ION
oM. i14f1
The Friendswood Reporter News
P.O. , Box. 954
Friendswood, Texas 77546
State of Texas
Galveston and Harris Counties
I, Randy Emmons, hereby certify that the notice hereby appended was published
in Galveston and Harris Counties in THE REPORTER NEWS, a newspaper of general
circulation in Galveston, Harris and Brazoria Counties, for / issues, as follows:
No % Date 20 03
No Date 20
No Date 20
No Date 20
No. Date 20
Subscribe and sworn to before me this day of
20
LAURA ANN•EMMONS
Notary Public, State of Texas
Commission. Expires 09-09-2006
•
Laura Ann Emmons,Publisher
Notary Public, State of Texas
> a w- 'C
This site is accessible to dis-
abled individuals. For special
assistance, please call Young
Lorfing at 281.652.1655, prior
to the meeting so that appro-
( priate arrangements can be
made. •
t— --
r. Dec. 24, 2003
NOTICE OF PUBLIC
HEARING OF THE CITY
OF PEARLAND
Notice is hereby given that on
the 12th day of January,
2004, at 6:30 p.m., the City
Council of the City of
Pearland, Brazoria, Fort
Bend, and Harris Counties,
'Texas, will conduct a Public
;Hearing in the Council
'Chambers, City Hall, 3519
Liberty Drive, Pearland,
Texas, to gather public com-
ment and testimony regarding
the disannexation of a tract of
land containing approximately
21.43 acres of land located in
the H.T.& B,R.R. Company
Survey, Abstract No. 300,
Brazoria County, Texas.
;At said hearing all interested
;parties shall have the right
f and-opporturiity to appear and
be heard on the subject.
' /s/ Young Lorfing, TRMC
City Secretary
DECLARATION OF RESTRICTIONS
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF BRAZORIA §
THIS DECLARATION OF RESTRICTIONS ("Declaration") is made this day of
July, 2004, by and between CLMR Pearland, Ltd., a Texas limited partnership ("CLMR"),
Chocolate Bayou Community Federal Credit Union ("Chocolate Bayou") and 288-10, Ltd., a
Texas limited partnership ("288") (CLMR, Chocolate Bayou and 288 being herein collectively
referred to as "Developers").
DECLARATION
CLMR is the owner of that certain parcel of land situated more particularly described on
Exhibit "A" attached hereto (the "CLMR Property"). Chocolate Bayou is the owner of that
certain parcel of land situated more particularly described on Exhibit "B" attached hereto (the
"Chocolate Bayou Property"). 288 is the owner of that certain parcel of land situated more
particularly described on Exhibit "C" attached hereto (the "2&8 Property"). The CLMR
Property, the Chocolate Bayou Property and the 288 Property make up one contiguous parcel of
land and this one parcel of land is herein referred to as the "Development Tract".
The Developers are in the process of deannexing the Development Tract from the City of
Pearland, Texas so that the Development Tract can be annexed by the Brazoria County
Municipal Utility District No. 6 (`BCMUD#6"). As a condition to the deannexation of the
Development Tract, the City of Pearland is requiring the Developers to adopt and record certain
restrictions against the Development Tract.
- In particular, the City of Pearland is requiring the Developers to adopt and abide by the
Silverlake Commercial Guidelines dated September 20, 1995 (the "Guidelines"). The City of
Pearland is also requiring the Developers to adopt and abide by the more restrictive of the
Silverlake Village Shopping Center Signage Criteria dated April 18, 2002 (the "Signage
Criteria") attached hereto as Exhibit "D" and Section 24.4 of Chapter 24 - Signs of the City of
Pearland, Texas Ordinance No. 509-H (the "Sign Ordinance") attached hereto as Exhibit "E".
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is .hereby acknowledged, the Developers hereby declare, establish, and adopt the
restrictions and conditions set forth below (collectively the "Restrictions"), with respect to the
Development Tract. The Restrictions shall be appurtenant to the Development Tract and shall
constitute covenants running with and binding upon the Development Tract and each portion
thereof and upon each party having or acquiring any right, title or interest in and to the
Development Tract or any part..thereof. Each contract, deed or other instrument hereafter
executed and delivered covering the Development Tract or any portion thereof or any interest
therein, shall be held to have been executed, delivered and accepted subject to these Restrictions,
regardless of whether or not the Restrictions are referred to or incorporated by reference in said
82636.2 52795-00-025 / DBROWN 1
contract, deed or other instrument.
1. Silverlake Commercial Guidelines. The Developers
herebywhadopt
r ornot to adopt
abide by the Guidelines. The Developers shall have the option to decide
any amendments to the Guidelines.
2. Signage Restrictions. The Developers hereby adopt and agree to abide by the
more restrictive of the Signage Criteria or the Sign Ordinance. For example, if the Signage
Criteria allows a maximum sign height of 40 feet and the Sign Ordinance allows a maximum
sign height of 15 feet, the Sign Ordinance would
or ln of to adopt any amendments to the Sign
age Criteria. The
Developers shall have the option to decide whether
Criteria or the Sign Ordinance. The Developers shall lalso
option
developmtake
entds along ethe
of
any variances granted by the City of Pearland to the Sign Ordinance for
State Highway 288 corridor if similar reasons for granting the variance exist on the Development
Tract.
3. Amendment. These Restrictions can be amended with written approval from the
City Council of the City of Pearland, Texas. However, written approval from the City Attorney
shall not be required if the Developers, their successors or assigns, choose to adopt an
amendment to the Guidelines, an amendment the Sign Criteria or an amendment or variance to
the Sign Ordinance.
4. Severabil . In the event of the invalidity or partial invalidity or e shall rebity of
main n
any provision or a portion of this Declaration, the remainder of this Declaration
full force and effect.
5. Counterparts. This Declaration may be executed in any number of counterparts
with the same effect as if all signatory parties had signed the same document. All counterparts
will be construed together and will constitute one and the same instrument.
(Signature Pages Follow)
2
82636.2 52795-00-025 / DBROWN