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Ord. 1173 08-23-04Doc# 2004054247 ORDINANCE NO. 1173 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ABANDONING CERTAIN SANITARY CONTROL EASEMENTS WITHIN THE CORPORATE CITY LIMITS OF PEARLAND, BRAZORIA COUNTY, TEXAS; HAVING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, a petition has been filed with the City of Pearland, to abandon a certain sanitary control easements described in Exhibits "A" and "B", attached hereto and made a part hereof for all purposes; and; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. The City Council finds and determines that public convenience and necessity does not require retention of said sanitary control easements. Section 2. That said sanitary control easements, evidenced by Exhibits "A" and "B", are hereby ABANDONED by the City of Pearland. Section 3. That the Mayor or his designee is hereby authorized to execute and the City Secretary to attest all documents necessary to give effect to this Ordinance. Section 4. A certified copy of this ordinance recorded in the official records of Brazoria County, Texas, shall constitute notice of this action by the City Council. Section 5. 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 6. 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 shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 7. Effective Date. This Ordinance shall become effective immediately upon its passage and approval by the City Council. RECORDER'S MEMORANDUM: At the time of recordation, this instrument was found to be inadequate for the best photographic reproduction because of illegibility, carbon, or photo -copy, discolored paper, etc. All blockouts, additions and changes were present at the time the instrument was filed and recorded. ORDINANCE NO. 1173 day of PASSED and APPROVED ON FIRST READING this the 9th day of August , A. D., 2004. TOM REID MAYOR PASSED and APPROVED ON SECOND AND FINAL READING this the 23rd. August , A. D., 2004. APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY re_kualk) Atgay.e,c 0A,, (AL v\-orr_. eiH `1'; 351, L, le fp frIMtoJf .1-75 ki TOM REID MAYOR 2 al L4, t 5 r oo 00 044887 DATE: 10-I5•00 GRANTOR: GRANTOR'S ADDRESS: %/GRANTEE: GRANTEE'S ADDRESS: SANITARY CONTROL EASEMENT WILLIAM H. YATES 3638 Skylark Way Pearland, Texas 77584 WEST LEA WATER COMPAN)50 2460 Country Club Drive, Pearland, Texas 77581-5002 SECURITY FEE 1.00 1046I1T-PRES 5.00 RECORDING 5.00 CERT COPIES 2.00 TOTAL 13.00 FILE 4 44887 CASH 13.00 DRAWER -A 1 1 2127-0000 0250 10/18/00 1:49PH WED Purpose, Restrictions, and Uses of Easement: 1. The purpose of this easement is to protect the water supply of the well described and located below by means of sanitary control. 2. The construction and operation of underground petroleum and chemical storage tanks and liquid transmission pipelines, stock pens, feedlots, dump grounds, privies, cesspools, septic tank or sewage treatment drainfiekls that are not already in place, improperly constructed water wells of any depth, and all other construction or operation that could create an unsanitary condition within, upon, or across the property subject to this easement are prohibited within this easement. For the purpose of the easement, improperly constructed water wells are those wells which do not meet the surface and subsurface construction standards for a public water supply well. 3. The construction of tile or concrete sanitary sewers, sewer appurtenances, septic tanks, storm sewers, and cemeteries is specifinally prohibited within a 50-foot radius of the water well described and located below. 4. This easement permits the construction of homes or building upon the Grantor's property as long as all items in Restrictions Nos. 2 and 3 are recognized and followed. 5. This easement permits normal farming and ranching operations, except that livestock shall not be allowed within 50 feet of the water wall The Grantor's property, Lots 1 & 2, Block 2, Pearland, Texas, located in West Lea Subdivision Section 1, subject t0 this Easement is described in documents recorded at: Vol 1507 , Page Ai. , Deed Records, Brazoria County, Texas Property Subject to Easement: All of that area within 150 foot radius of the water well located .25_ feet at a radial of 13.0_ degrees from the ME_ corner of Tract 1 - A, Commercial Reserve, West Lea Subdivision, Section 1, Block 2, Brazoria County, Texas, a Subdivision of Record in Vol Ulla , Page 122 of the Brazoria County Plat Records. vicelike 1 TERM: This easement shall run with the land and shall be binding on all parties claiming under the Grantor for a period of two years from the date that this easement is recorded; after which time, this easement shall be automatically extended until the use of the subject water well as a source of water for public water systems ceases. ENFORCEMENT: Enforcement of this easement shall be proceedings at law or in equity against any person or persons violating or attempting to violate the restrictions in this easement, either to restrain the violation or to recover damages. INVALIDATION: Invalidation of any one of these restrictions or uses (covenants) by a judgment or court order shall not affect any of the other provisions of this easement, which shall remain in full force and effect. FOR AND IN CONSIDERATION, of the sum of One Dollar ($1.00) and for other good and valuable consideration paid by the Grantee to the Grantor, the receipt of which is hereby acknowledged, the Grantor does hereby grant and convey to grantee and to its successors and assigns the sanitary control easement described in this easement. ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF BRAZORIA This instrument was acknowledged before me on the day of 0ei— , 2000, personally appeared William Yates known to me to be the person whose name is subscribed to the foregoing instrument and aclmow ged to me that he executed the same of the purposes and consideration therein mild* I Notary Public,5tate of Texas FILED FOR RECORn sT COUNIYZORIA ',JOYCE MOWN. Clerk old» Coup in end for Coo* tba. do Fonnscano«a Inthe OFFICIAL RECORD .lm. Ii1MIIdseslempid how twine qty. �\ Cowry arh at s.w .l Co., Tx 00 0CT 18 PM I: IA COUNTY CLERK ;ztR1A COUNTY T(1g' 00 044880 DATE: IQ, 1 S. DO GRANTOR: GRANTOR'S ADDRESS: iRANTEE: GRANTEE'S ADDRESS: SANITARY CONTROL EASEMENT Ms. Judy Calhoun, 7113 Meadow Lane Pearland, Texas 77584 WEST LEA WATER COMPAl:, 2460 Country Club Drive, Pearland, Texas 77581-5002 SECURITY FEE 1.00 1HG1{T-PRES 5.00 RECORDING 5.00 CERT COPIES 2.00 TOTAL 13-00 FILE t 44886 CASH 13.00 ONAGER -A 1 ::127-0000 0249 10/18/00 1:48PN WED Purpose, Restrictions, and Uses of Easement: 1. The purpose of this easement is to protect the water supply of the well described and located below by means of sanitary control. 2. The construction and operation of underground petroleum and chemical storage tanks and liquid transmission pipelines, stock pens, feedlots, dump grounds, privies, cesspools, septic tank or sewage treatment drainfields that are not already in place, improperly constructed water wells of any depth, and all other construction or operation that could create an unsanitary condition within, upon, or across the property subject to this easement are prohibited within this easement. For the purpose of the easement, improperly constructed water wells are those wells which do not meet the surface and subsurface construction standards for a public water supply well. 3. The construction of the or concrete sanitary sewers, sewer appurtenances, septic tanks, storm sewers, and cemeteries is specifically prohibited within a 50-foot radius of the water well described and located below. 4. This casement permits the construction of homes or building upon the Grantor's property as long as all items in Restrictions Nos. 2 and 3 are recognized and followed. 5. This ea meat permits normal farming and ranching operations, Livestock will be kept at least 500�ratray from the water wells. The Grantor's property, 7113 Meadow Lane, Pearland, Texas, located in West Lea Subdivision, Section 1, Block 1, Lot 1, subject to this Easement is described in documents recorded at: Vol 1 5 1 3 , Page .A1)2 , Deed Records, Brazoria County, Texas Property Subject to Easement All of that area within 150 foot radius of the water well located .25_ feet at a radial of _LICL degrees from the N1E- corner of Tract 1 - A, Commercial Reserve, West Lea Subdivision, Section 1, Block 2, Brazoria County, Texas, a Subdivision of Record in Vol. 1087, Page 122 oldie Brazoria County Plat Records. TERM: This easement shall run with the land and shall be binding on all parties claiming under the Grantor for a period of two years from the date that this easement is recorded; after which time, this easement shall be automatically extended until the use of the subject water well as a source of water for public water systems ceases. ENFORCEMENT: Enforcement of this easement shall be proceedings at law or in equity against any person or persons violating or attempting to violate the restrictions in this easement, either to restrain the violation or to recover damages. INVALIDATION: Invalidation of any one of these restrictions or uses (covenants) by a judgment or court order shall not affect any of the other provisions of this easement, which shall remain in full force and effect. FOR AND IN CONSIDERATION, of the sum of One Dollar (SI.00) and for other good and valuable consideration paid by the Grantee to the Grantor, the receipt of which is hereby acknowledged, the Grantor does hereby grant and convey to grantee and to its successors and assigns the sanitary control easement described in this easement. Grantor ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF BRAZORIA /h� , This instrument was acknowledged before me on the . / s day of rS.G�` • 2000, personally appeared Ms. Judy Calhoun known to me to be the person whose name is subscribed to the foregoing instrument and acknjegwkdged to me that she executed the same of the purposes and consideration therein *Asko 1 RECORn 00 0CT 18 PM I: 44 COUNTY CLERK 71IPIA COUNTY, MO Public, (State of Texas OOOUN V0F u I.JOYCEMUDIAt AKdodca�.eo,� ow kowt, FONRECORDand o hereby coldlyI"O'"n'PILED OFFICIAL hrMand dWrf4mpedhmonby COROaaw County a.wdanoxia Co..Tx • • 00 044808 SANITARY CONTROL EASEMENT DATE: April 20, 2000 GRANTOR: GRANTOR'S ADDRESS: GRANTEE: GRANTEE'S ADDRESS: JENNIFER L. JAMISON,7- d/Wa West Lea Water Company 2460 Country Club Drive Pearland, 77581-5002 WEST LEA WATER COMPA/sif 1 2460 Country Club Drive Pearland, Texas 77581-5002 SECURITY FEE NNQ1T-PRES RECORDING CERT COPIES TOTAL 1.00 5.00 15.00 7.00 28.00 FILE ? 44888 CASH 28.00 2127-0000 0251 10/18/00 1:44Pf WED Purpose, Restrictions, and Uses of Easement: DRAWER -A 1 1. The purpose of this easement is to protect the water supply of the well described and located below by means of sanitary control 2. The construction and operation of underground petroleum and chemical storage tanks and liquid transmission pipelines, stock pens, feedlots, dump grounds, privies, cesspools, septic tank or sewage treatment drainfields, improperly constructed water wells of any depth, and all other construction or operation that could create an insanitary condition within, upon, or across the property subject to this easement are prohibited within this easement. For the purpose of the casement, improperly constructed water wells are those wells which do not meet the surface and subsurface constructuon standards for a public water supply well. 3. The construction of the or concrete sanitary sewers, sewer appurtenances, septic tanks, storm sewers, and cemeteries is specifically prohibited within a 50-foot radius of the water well described and located below. 4. This easement permits the construction of homes or building upon the Grantor's property as long as all items in Restrictions Nos. 2 and 3 are recognized and followed. 5. This easement permits normal farming and ranching operations, except that livestock shall not be allowed within 50 feet of the water wall. The Grantor's property, 7106 Meadow Lane, Pearland, Texas, located in West Lea Subdivision subject to this easement is described in documents recorded at: VoL 1482 Page 122, Deed Records, Brazoria County, Texas Property Subject to Easement: All of that area within 150 foot radius of the water well located 25_ feet at a radial of 13tL degrees from the .N,12_ corner of Tract 1- A, Commercial Reserve, West Lea Subdivision, Section 1, Block 2, Brazoria County, Texas, a Subdivision of Record in VoL 1482 , Page 122 of the Brazoria County Plat Records. At the time RECORDER'S MEMORANDUM: AI t tin oftor this Instrument was found to be oprtotographIc reproduction because all kr. carbon, a discolored bbd ouh, additions and changeswere present at the time the kimument was and and recorded. TERM: This easement shall run with the land and shall be binding on all parties claiming undr the Grantor for a period of two years from the date that this easement is recorded; afther which time, this easement shall be automatically extended until the use of the subject water well as a source of water for public water systems ceases. IN WITNESS WHEREOF, the said o has executed this instrument thi% day of April 2000. er L. tor STATE OF TEXAS COUNTY OF BRAZORIA This instrument was acknowledged before me on the.-37 day of April, by Jennifer L. Jamison, d/b/a West Lea Water Company. !'itf00%'1/ FILED FOR RFCORI' 00 OCT 18 Pli I: 44 weusix t COUNTY CLERK •^,P?A CrAIMY 1.W..a STATE OF TEXAS a,dOYCEHUMAN, CWkotahs y at jyCourtIn and tor his n aroZoda was FLED County FORK Twos •ndK-C cattily 0EDiothsOFF1CIARECORD laths time and des as s by me ClArsie- Co,ntyctstka Brands Co., TX /60'S 4mAipud .. Oaf Aou /3,e?L f- 44a4rai ey,JtI/w --7 • I rots et(id ebri.sub j • r • •a West Lea subdivision, Sealer: 3 Braorio c Texacc ---- ,r- M /I28 NORTH 1209' �fneBock. i Z rtiev 60. `(414 200' . COMMERC/AL RESERVE l/h7/Easement • '49e#7 4»J Dias _ SKYIARK WAY L/ �' �_ ��a• _-L M I _ I AgO' West Lea wad Conway, Jeered er Jamison Lot 1 Commercial Reserve, Block 17 i 00 030595 /5 1 SANITARY CONTROL EASEME r J1.Jy l4. DATE: A,pre% 2000 GRANTOR: REFUGIO & DOLOR'S BRAY GRANTOR'S ADDRESS: 7618 Bailey Road Pearland, Texas 77584-6610 WEST LEA WATER COMPANY 'S ADDRESS: 2460 Country Club Drive Pearland, Texas 77581-5002 Purpose, Restrictions, and Uses of Easement: 1. The purpose of this easement is to protect the water supply of the well described and located below by means of sanitary controL 2. The construction and operation of underground petroleum and chemical storage tanks and liquid transmission pipelines, stock pens, feedlots, dump grounds, privies, cesspools, septic tank or sewage treatment drainfields, improperly constructed water wells of any depth, and all other construction or operation that could create an insanitary condition within, upon, or across the property subject to this easement are prohibited within this easement. For the purpose of the easement, improperly constructed water wells are those wells which do not meet the surface and subsurface constructuon standards for a public water supply well 3. The construction of the or concrete sanitary sewers, sewer appurtenances, septic tanks, storm sewers, and cemeteries is specifically prohibited within a 50-foot radius of the water well described and located below. 4. This easement permits the construction of homes or building upon the Grantor's property as long as all items in Restrictions Nos. 2 and 3 are recognized and followed. 5. This easement permits normal farming and ranching operations, except that livestock shall not be allowed within 50 feet of the water wall The Grantor's property located in West Lea Subdivision, Section 3, Block 12, Lot 2, Commercial Reserve subject to this Easement is described in documents recorded at: Vol. 1582 Page 72.4-, Deed Records, Brazoria County, Texas Property Subject to Easement: All of that area within 150 foot radius of the water well located .22 feet at a radial of 16.i degrees from the NLE_ corner of Lot 1 Commercial Reserve of West Lea Section 3, Block 11 a Subdivision of Record in Book 12, Page 21 of the Brazoria County, Texas Plat Records. N wetrs Xror.•,.d.l - "t I, V..tt 0.) r�,au n) W' 1a Uh O) f Nici { ,..r O_ pa n; A wPIPN 0 /5/ S �/m CJrv1 5ito / (j.ead)) Ogof 6,5( `opt /-,4 teetteA &fa, J>dect 4‘a 7135 0 E,�.'b�N•;.'a•� . .� .-, v&1087 ACE22. . FJG{IBIT A - (WATER) TRUST DEED WATER - 1953 (AMENDED) This trust indenture, made this 24 day of July , 1967 by and between West Lea Water CO., a oocpexactiros egewiaadcsuut mst,sttecgcxsaies emabbexxixOttecaRxthexYawacmRxthexatiabexsR Partnership , (hereinafter called "grantor', or "party of the first part"), and First National Bank of Alvin _ , trustee, a corporation duly chartered, organized and existing under and by virtue of the laws of the State Texa , (hereinafter called "trustee" or "party of the second part"). WITNESSEPH: That whereas, WEST LEA is now the owner of property known es West Lea , located in or near the city of Pearland 4 county of Brazoria , State of . Texas , which property is being improved and developed by the construction of dwellings thereon; and • Whereas, grantor ie the owner of certain property, (hereinafter more particularly described) upon which there is located a well or wells and a plant, together with distribution facilities (hereinafter referred to as 'seater system'),. for purposes of supplying water to all properties connected or to•be connected to the said water system; end Whereas, the Federal Housing Administration will not accept for insurance, and the Veterans Administration will not guarantee or insure, :mortgage loans covering the separate properties and improvements built or to be built thereon, without receiving asaurancea as to the continuous and satisfactory operation of the said water system; end Whereas, such improvement and development of the properties and the future financing and sale of the properties is contingent upon the insurance of said mortgage loans by the Federal )lousing Administration ',or the guaranty or insurance of said mortgage loans by the Veterans ^?Administration; and Whereas, it is the intention and purpose of the grantor that such ' 'water system shall be used and operated to provide en adequate supply of water for each of the properties connected thereto, regardless of the ownership of the individual properties, and properly to maintain an adequate water supply for domestic consumption for the occupants of said properties, and to assure the continuance of the operation and maintenance of such water system for the benefit of the present and future owners of the properties connected thereto, the mortgagees holding mortgages covering such property, and the Federal Housing Administration and Veterans Administration. • e • 4 . ,.voi1087 J G423 • Now, therefore, for and in consideration of the undertaking of the grantor to provide and assure the maintenan•_e and operation of the water system as aforesaid and the future sum of one dollar ($1.00) lawful money of the United States cash in hand to grantor by trustee, the receipt whereof is hereby acknowledged. The grantor does hereby grant and convey to the party of second . . part, as trustee, the following.property, to wit: (A) All of its right, title'and interest in and to the following described real property: , (Complete description of property upon which water system is located to be inserted in this space) See Attached: --- A 50 ft. x 50 ft. square tract out of the Northeast corner of Commercial Reserve of WEST LEA, Sec. 1, a subdivision in Section 16, HT&B RR CO. Sur., Abat. 546 in Brazoria County, Texas, according to Map of record in Vol. 10, Page 19,et seq., Plat Records and amended in Vol. 10, Page 33 et seq., plat Records of Brazoria County, Texas, such 50 ft. x 50 ft. square beginning at the Northeast.corner of said Commercial Reserve and proceeding South 50 feet, West 50 feet, North 50 feet and East 50 feet to the Place of Beginning. . !' ee— VoG _ZED SECG:i Page _..123PA (8) The well or wells, plant, chemical treatment facilities, storage and distribution facilities, including the water mains and lateral lines, heretofore constructed or to be constructed, including all easements incident to the ownership and operation of said eater system. Further, the grantor hereby warrantee that there are no existing encumbrences,.liens, or other indebtedness to the title of the water system conveyed hereunder other than the followings And warrants that the above said encwnbrences, liens, or indebtedness (if any) have been:subordinated to this conveyance and•ere subject to this trust.deed. This conveyance is upon the trusts and for the purposes following '1'. This grant is for the benefit of the present and future owners of all and each of the properties now or hereafter connected to the said water system, as well es the holders of the mortgages covering each of the said properties, and trustee shall hold the title to the property granted by this indenture until either (A) the water system is taken over by either a Governmental authority or a public utility (regulated end controlled es to (- rates and services by a duly constituted public regulatory body or commission) /, for maintenance and operation, or (8) other adequate water service is provided either by a Governmental authority or public utility (Regulated and �' controlled es to rates and services by a duly constituted public regulatory body or commission) through means other than the operation of water system and facilities now transferred to the trustee herein. Upon the happening of r either of such events:at e'time when the grantor is still operating end managing the water system in accordance with the terms and provisions hereof, the trustee shall immediately reconvey the property to the grantor, its successors or assigns, and this indenture shall be of no further effect.. • to wit; -2- to Ya.1087• •PAGE1 4 2. The grantor shall supply at all times and under adequate pressure for the use of each of the properties duly connected to the said water system, a sufficient quantity of water to meet the reasonable needs of each of the properties duly connected to said water system. Such water shall be of the quality and purity as shall meet the standards recommended by the "Public Health Service Drinking Water Standards", promulgated by the United States Public Health Service, Federal Security Agency, February 5, 1946, and the water shall be treated in the manner necessary to assure its being of the quality and purity recommended in the above mentioned standards and also so as to produce water without excessive hardness, corrosive properties, or other objectionable characteristics staking it unsafe or en eiteble for dcmestic use or harm- ful to any or all pipes within and/or without the dwelling. Records of any and all tests conducted in connection with said system shall be kept as permanent records by the grantor and said records shall be open to inspection by the State Board of Health of the State of • and the owners of the properties connected to the said water system. The said Board of Health and/or its agents shall at all times have access to the plant'of the grantor to conduct any and all tests as said board shall consider necessary to determine compliance with the said standards. In any event,•the grantor shall have said analyses made at least quarterly and shall pay all costs in connection therewith. In the event said board shall determine that the quality and purity of the water does not meet the said standard, the grantor shall with reasonable dispatch at its sole costs make any adjustment, repair, installation or improvement that shall be necessary or.recommended by aaid board to bring the purity of the water up to the said standard. 3. The grantor shall maintain said water system at. all times in good order and repair so that satisfactory service as aforesaid may be supplied to each of said properties as provided in paragraph 2 above. 4. Until the happening of one of the events set forth under paragraph membered 1-Above: Should Grantor fail to operate and manage the water system, in the manner and under the cnnettions specified in paragraphs numbered 2 and 3 above and should Grantor fail, after notice in writing from the Trustee, to correct such failure with reasonable dispatch, then Trustee shall have the right to immediate possession of the water system for the purpose of operating and maintaining the same, and the right to hold, use, operate, manage, and control the same either itself or by or through any of the agencies or parties for whose benefit ' this trust is created and it may take possession thereof for the purpose of operating the same, and in that event, the Trustee or the entity .operating the water system in its behalf or in the behalf of any of the beneficiaries of this trust, shall be stbrogeted to all rights of the Grantor to levy and collect a charge against each customer at rates not in excese of those specified in paragraph numbered 6 herein. 5. itt the event the Trustee taken possession of the water system pursuant to the provisions of paragraph numbered 4 or paragraph 6, -3- i ,£OOR.ORIGINAL J idd O87 ate.145. the Grantor shall have no further right, title or interest in or to the water system or other property granted by this indenture and shall not be entitled to any portion of the proceeds resulting from any sale of such system or property; but the Trustee shall have the right to transfer such system to a Governmental authority upon such terms or conditions as may be approved by the Trustees and the owner or owners of a majority of the properties connected to the water system. 6. The Grantor reserves the right to levy and collect a charge for water furnished and consumed by the occupants of each of the properties connected in the amount of f 3.00 per for the first 3,000 gallons per month consumption, payable in advance on the first of each month A No discount will be allowed if paid within days after same is due. Service shall be charged on a prorata basis from the. date the service is established at the request of the consumer to the date of its discontinuance. The Crantor shall have the right to install on each of. the individual properties a water meter to be maintained by the Grantor, through which all water supplied to the consumer or consumers shall pass and to which the Grantor shall have access at reasonable times for the purpose of taking meter readings and keeping said meter in repair. In the event the consumer shall have used in the excess 3,000 gallons per month ► the Grantor may charge for any such excess at the following rates: 75 cents per thousand gallons for the Next one thousand gallons used per month 75 cents per thousand gallona for the Next onP thousand gallons used per month $ 50 cents per thousand gallons for the Next : one thousand gallons used per month ;; (A) It is agreed between the parties hereto that for the first year of operation of the water system the above rates shall be deemed reasonable. (B) The Grantor shall maintain accurate books relative to the water. system. Such books shall be available for inspection by a person or persons designated in writing by the Trustee or designated in writing by not less than one-third of the beneficiaries of this trust; provided, that the continuing right of inspection hereby created shall be exercised only at the place where such books are customarily maintained in • Pearland, Texas = that such right of inspection shall be exercised during usual business hours, after reasonable notice and in such a manner as not to hamper unduly or interfere with the conduct of the Grantor's business. (C) Changes in rates maybe proposed by the Grantor and by the said beneficiaries. If within 90 days after notice to the Trustee end to the beneficiaries of a rate change proposed by the Grantor not more than one- third of the beneficiaries of this trust shall have signified in writing their opposition to such proposed rate change, the Grantor may forthwith -4- E E U : vot1O§7 PAGE 126 establish such new rates which shall be deemed reasonable pending the accumulation of experience to show such new rates to be unreasonable if more than one-third of the beneficiaries signify in.writing their opposition to a rate change proposed by the Grantor, or if more than one-third of the beneficiaries propose in writing a rate change which ' the Grantor opposes, and the parties cannot reach an agreement by negotiation within 30 days, then the matter shall be referred to a board of arbiters, who shall be designated as followss The Grantor shall desig- nate an arbiter, the beneficiaries shall designate an arbiter and the two arbiters thus selected shall choose a third arbiter. The decision of the board of arbiters as to the reasonableness of rates shall be final upon the parties hereto. A11 costs of arbitration• shall be paid by the loafing party or parties. The duly elected officers•of a citizens' or property owners' association comprised of the beneficiaries, or the members of e committee duly appointed by such officers, shall prima facie represent more than one-third of the beneficiaries. (D) Should the Grantor charge rates for water service in excess of reason- able rates, as herein above defined, then the trustee shall notify the Grantor of such over -charge by registered mail. Should the Grantor there- after fail or refuse to establish and maintain fair and reasonable rates, as herein above defined, within the period of ninety (90) days, the Trustee shall have the .right to immediate possession of the water syatem.for the purpose of furnishing water service at fair and reasonable rates and the Trustee shall have the right to hold, use, operate, manage and control the water system, as set forth under paragraph numbered 4 above. =7. Notwithstanding any other provisions of this trust deed, any creditor of record of the Grantor shall have a reasonable period of time to correct any default hereunder prior to the taking over of the property by the Trustee. B. If it should become necessary at any future time for the Trustee or entity acting in its behalf or any beneficiary under this trust indenture, to take over, operate and manage the water system under the provisions of this trust, then end in that event, the operator of such system shall be entitled to a trustee's fee payable from the income of the water system at a rate not inexcess of 10 % of the gross charges collected by such Trustee, provided that such Trustee's fee may be increased with the approval of the owner or owners of seventy-five (75) per cent of the properties connected to the said water system. In Testimony Whereof West Lea ,the Grantor, has caused these presents to be executed in its behalf by David L. Smith, ,Jr. for himself ldent and its corporate seal to be hereunto affixed and attested For itT m A exasider, James R.,Rau�y*s and William McDaniels and the Firer Natj.opal Bank of Alvin , the Trustee herein named, has caused . these presents to be executed by its president, and its corporate seal to be affixed and attested by •, the day and year first herein.bove Britten. lh entering into the agreement contained herein and executing this Trost _5- • .,Va.108 t•. P„ Indenture, acts for itself as trustee and as representative of and by authority of all persons, fires,• corporations, or entities which are or pay be beneficiaries Under the trust thereby created. XRX This instrument is in correction of and in substitution for a certain Trust Deed between the parties hereto executed August 30, 1967, and recorded in Vol. 979, Page 203 of the Deed Records of Brazoria County, Texas, to whi••h instrument and the record thereof reference is here made for all purposes: and this correction deed is for the purpose of correcting a mutual mistake in said instrument of August 30, 1967, as the water system was not located on Lot 2, Block 2, West Lea Subdivision of Brazoria County, Texas, as per map or plat thereof recorded inVol. 10, Pages 19 and 20 0: the Map Racords of Brazoria County, Texas; but said water system was and is actually located as heretofore described in this correction deed, and all of the parties to said original instrument hereby release said Lot 2 in Block 2 of West Lea Subdivision fromany and all obligations or clouds created by said instrument of August 30, 1967. • Subscribed •• n ore me this /O & y of May, 1971, as of Augu= 3., 7. West a Grantor BY: First Nati. al Ban of Alvin ustee BY: • Notary Publ, ;razoria Countyb_Texas. 26-117 • ;.vo&1087 PAcE12 THE STATE OF TEXAS s COUNTY OF BRAZORIA BEFORE ME, the undersigned, a Notary Public in and for said County and State on this day personally appeared David L. Smith, Jr., known to me to be the person whose name is subscribed to the foregoing in— strument, and acknowledged to Me that he executed the same for the purposes and consideration therein expressed. // GIVEN. UNDER MY HAND AND SEAL OF OFFICE th,4 tl IAWay of May, 1LED FOR RECARD AT O'CLOCK N. M. MAY 121971 L. E. STEVENS, JR. ARK COUNTY • 8RA20kii COUNjy Tam ,vri. 3 DEPUTY --(M V Sit w 90 6 T s t 9 Tl-2t4'itl 1 t. *• D.EEi) . von 979 PAq2O3 FJIHiBT2 A - (WATER) 12871 WATER - 1953 (ABED) TRUST DEED , • This trust indenture, made this 23. day of July , j.967 by and beticeen West Lea Water o. , PARTNERSHIP , (ireinafter called "grantor" or "party of the fjrst part"i, and First National 1ankJaf n trustee, a corporation duly chartered, organized and existing under and by virtue of the lava of the State Tea , , (hereinafter called "trustee" or "party of the second part"). • WI Th SE1'R: That vherese, West Lea is nav the owner of property ]moth as West LPX , located in or near the city of p��rla , c�smt' of $raanria , State of Tn,rag , which property islxSag pCroved.'snd • developed by the construction of dwellings thereon; and Whereas, grantor is the owner of certain property, (hereinafter more particularly described) upon which there is located a well or wells end a plant, together with distribution facilities (hereinafter referred to as "water system"), for purposes'af supplying water to all properties connected or to be connected to the said veter system; and Whereas, the Federal Housing Administration will not accept for insurance, and the Veterans Administration will not guarantee or insure, mortgage loans covering the separate properties and improvements built • or to be built thereon, without receiving aasurances as to the Continuous and satisfactory operation of the seawater system; end Whereas, such improvement and development of the properties and • the future financing and sale of the properties is contingent upon the insurance of said mortgage loans by the Federal Housing Administration or the guaranty ar insurance of said mortgage loans by the Veterans • Administration: and • Whereas, it le the intention and purpose of the grantor that such water . system shall be used and operated to provide an adequate supplyof water for each of the properties connected thereto, regardless of the ownership of the individual properties, and properly to maintain en adequate water supply for •' • 'domestic consumption for the occupants of said properties, and to assure the cuntimi.rntee of the operation and maintenance of such water system teetfor the eeto, benefit of the present and future owners of the properties the mortgagees holding mortgages covering such property, snd the Federal. Housing Administrations and Veterans Administration.• . • • Nov, therefore,•!or and in consideration ofthe water ie Y�� en • •.• to provide and assure the maintenance and operation ofas the • •• vo( 979 rAft2f}4 aforesaid and the future sun of one dollar ($1.00) lawful money of the United States cash in hand to grantor by trustee, the receipt whereof.' • is hereby acknowledged. The grantor does hereby pant and convey to the party of second pert, as trustee, the following *nonerty, to vita (A) All Of its right, title and interest in and to the 'followingg described real property: . • (Complete description of property upon which W Ice water • system_is located to be inserted in this spa Lot 2, Block #2, West Lea Subdivision, Brazoria County,•Texas. as per map or plat thereof recorded in Volume 10, pages 19 and 20 of. the Map Recorders of. Brazoria County, Texas. , (B) The well or wells, plant, chemical treatment facilities ,'•., storage and distribution facilities, including the Crater rains and lateral • lines, heretofore constructed or to be constructed, including all ea:mneats • incident to the ounershi-, and operation of said Water system. Further, the grantor hereby warrantee that there are no wasting .• encumbrancer,' Liens, cm other indebtedness to the title of the water system Qatvejer0i& under other than the following: And,r?arratits that the Above saki encuabrences, liens, or indebtedness (if any been subordi'aated to this conveyance and are subject to this tru t7,deea. • -i)•.This'ccmveyance is upon the trusts and for the +nuposes•Yoltoiring ' to vit....°' f` * ('.. `. \. 1. This ®rant is for the benefit of the ;present and future • comers of all and each of the properties now or hereafter connected to . the said Crater system, as veL1. as the holders of :he mortgages covering each of the said properties, and trustee shall hold the title to the • property granted by this indenture until either (A) the water system is taken over by either a Governmental authority or a vzblic-utility (rep,. ' lated and controlled as to rates and cervices by a duly constituted • -public regulatory body or commission) for maintenance and operation, or • a) other adequate water service is provided either by a Governmental • authority or public utility (Regulated and,cantrolled as to rates and • services by a rsslroco101 • public regulatory body or commission) through means other thali the tion of water system a0.110�# ut now•', transferred ta.tiie here Upon the happeningth^'ls.'dueh • events. at a time w =" is still operating. vater systentia •econ¢'d d '•. t1L . - terms and provisi trustee shall:im<o44.0ely 1 the y to . • successors or assi�ispi' •• a. ��tura shall • • • • • uEErl . von 979 rAce295 ' the Grantor shall have no further right title or interest in or to.the lister ayetem or other property granted by this indenture and shall not be entitled to any portion of the proceeds resulting from any sale of such system or property; but the Trustee shall have the right to transfer ' such system to a Governmental authority upon such terms or conditions as maybe approved by the Trustees and the owner or owners of a majority of the properties connected to the water system. 6. The Grantor reserves the right to levy and collect a charge • for water furnished and consumed by the occupants of each of the properties connected'in the amount of w 3.00 per for .the first 3.000 gallons per month Consumption, l'a` b1e lfl Oq/Althe first of each month A no discount will be allowed if paid within ' days after same is due. Service shall be charged on a prorate basis from the date the service is established at the request of the consumer to • the date of its discontinuance. The Grantor shell have the right te'inste3l on each.of the individual properties a water meter to be maintained by the Grantor, through which all water supplied to the consuer or consumers shall . ,-pase,,and to which the Grantor shall have access at reasonable times fo' the ?:S\Z`ptlrpose of taking .meter readings and keeping said meter in repair. In the ,�1' - 1event the, consumer shall have used in the excess 3000 . gallons ' ' • rate'sonth the Grantor may charge for any such a:oess'at the following pUb . . • next • • ,. /e r; 4 Next 75 cents per thousand gallons for the on„t thousand gallons used per 75 cents per thousand gallons or e ono. thousand gallons used per mn th ; 5n cents per thousand gallons for the Next nnp thousand gallons used per• .'7.,tb (A) It is agreed between the parties hereto that for the first year of operation of the water system the above rates shall be deemed reasonable.• (B) The Grantor shall maintain accurate books relative to the water • system. Such books shall be available for inspection by a person or percale designated in writing by the Trustee or designated in 'writing by , . . not less than one-third of the beneficiaries of this trust; provided, that the continuing right of inspection hereby created shall be exercised ' only at the place•where-such books are customarily maintained in Pearland Texas•; that such right of inspection shall be exercised during.usua1.buainess hours, after reasonable notice and in ' such a manner as not' to b r unrhel y or interfere with the conduct of the Grantor's business. (C)IChanges in rates••may be proposed by the Grantor and by the said bsaeticiaries. If withia•90•days\nfter notice to the Trustee and to the.• behefiataries,pf a rate change'prcposed. by the Grantor not more than one- .' •third cot; the,'benefieiaries of thief trust shall have signified in writing ' . . %'thei*Zopposiiio to such praposed'rate change, the Grentor'aey forthwith U.E i.tl . ,a. 979 rA 206 • • • 2. The grantor shall supply at all times and under adequate pressure fnr the use of'each of the properties duly connected to the said water system, a sufficient quantity of water to meet the reasonable needs.. of each of the properties duly connected to said water system. Such . water shall be of the quality and purity as shall meet the standards recommended by the "Public Health Service Drinking Water Standards", promulgated by the United States Public Health Service, Federal Security Agency, February 5, 1946, end the water shall be treated in the manner necessary to assure its being of the quality end purity recommended in the above -mentioned standards and also so as to produce water without excessive hardness, corrosive properties, or other objectionable characteristics making it unsafe or unsuitable for domestic use or harm ful to any or all pipes within and/or without the dwelling. Recarda et any and all tests conducted in connection with said system shall be kept • • as permanent records by the grantor and said records shall be open to • inspection by the State Engird of Health of the state of and the owners of the properties connected to the said water system. The said. Board of Health and/or its agents shall at all times have access • to the plant of the grantor to conduct any and all tests as said board .'. shall consider necessary to determine compliance with the said standards. In any event, the grantor shall have said analyses made at least quarterly. end shall pay all costs in ponnectien therewith. In the event said board shalt determine that the quality and purity of the water does not meet the said standard, the grantor shall. with reasonable dispatch at its sole costs make any adjustment, repair, installation or improvement that shall • be necessary or reccamnended by said board to bring the purity of the water up to the said standard. 3. The grantor shall maintain said water system at all times . in good order and repair so that satisfactory service as aforesaid may be ' supplied to each of said properties as provided in paragraph 2 above. . 4. Until the happening of cne of the events set forth under paragraph numbered 1 above: Should Grantor fail to operate end manage the water system, lathe manner and under the conditions specified in . paragraphs numbered 2 and 3 above and should Grantor fail, after notice . in writing from the Trustee, to correct such failure with reasonable . dispatch, then Trustee shall have the right to immediate possession of the water system for the purpose of operating and maintaining the same, and the right to hold, use, operate, menage, and control the same either • • itself or by or through any of the agencies or parties for whose benefit this trust is created and it may take possession thereof for the purpose of operating the same, and in that event, the Trustee or the entity operating the voter system in its. behalf or in the behalf of any of the• beneficiaries of this trust, shall be subrogated to all rights of. the Grantor to levy and collect a charge against each customer at rates not. in excess of those specified in paragraph numbered 611erein. . . • 5. In the event the Trustee tikes possession of the water. system pursuant to the provisiohs.of paragraph a+aabered 4 or paragraph 6;', -3- • • 1 • e. DEED VOL 979 .rACE207 establish such new rates which shall .be deemed reasonable pending the accumulation of experience to show such new rates to be unreasonable if more than one-third of the beneficiaries signify in writing their' opposition to a rate change proposed by the Grantor, or if more than one-third of the'beneficisries propose in writing a rate change which 'the Grantor opposes, and the parties cannot reach an agreement by negotiation within 30 days, then the matter shall be referred to aboard • of arbiters, who shall. be designated as follows: The Grantor shell desig- nate an arbiter, the beneficiaries shall designate an arbiter and the two . arbiters thus selected shall choose a third arbiter. The decision of the board of arbiters as to the reasonableness of rates shall be'final•upcn the parties hereto. All costs of arbitration shall be paid by the losing • party or parties. The duly elected officers of a citizens' or property owners' association comprised of the beneficiaries) or the members of a committee duly appointed by such officers, shall prima facie represent more than one-third of the beneficiaries. (D) Should the Grantor charge rates for water service in excess of reason-• able rates, as herein above defined, then the trustee shall notify the • Grantor of such over -charge by registered mail. Should the Grantor there- • after fail or refuse to establish and maintain fair and reasonable rates, • as herein above defined, within the period of ninety (90) days, the Trustee•,.,• shall have the right to Immediate possession of the utter system for the purpose of furnishing water service at fair and reasonable rates and the Trustee shall have the right to hold, use, operate, manage and control the vater system, as set forth under paragraph numbered 4 above. 7. Notwithstanding any other.provisiens of this trust deed, any, creditor of record of the Grantor shall have a reasonable period of time to correct any default hereunder prior to the taking over of the property by the Trustee. 8. If it should become necessary et any future time for. the • Trustee or entity acting in its behalf or any beneficiary under this' • trust indenture, to take over, operate and manage the vater system under the provisions of this trust, then and in that event, the operator of such system shall be entitled to a trustee's fee payable Fran the income of the. crater system at a rate not in excess of Zp `i' of the ere+ss charges collected by such Trustee, provided that such Trustee's fee may. 'be increased with the approval of the owner or owners of seventy-five (75)• .per cent of the properties connected to the said water system. In Testimonyldhereof West Lea , the dream, has • • caused these presents to be executed in its behalf by David t . Smith Jr. • eat • FOR Toni3Alexander. Janes R. Rau anddifekdiam McDaniels and 1O First the Trustee herein named, has caused, •these presents tc execut • its president, and its corporate seal to -be affixed ea. attested ey • , the day and year first hereinabove written,•' In entering into the agreement contained herein and executing this Trust • -5- I as, indenture, DeE.4 . voi 979 taar2,08. sate for itself as trustee and as representative of and by authority of. -all • perecos,,fines, corporations, or entities which are or may .be.beneficiaries••• wider the•trust thereby created.' • . `417. • First National Bank of Alrii7ruetee• SiaYs�rltietl'and•sworn to before me this 30th. day of Aug. 1967. . f:'!l t %�t Braxoria, Texas =•.Notary' public • 1• THE ST:1TE OF TEXAS: • . COUNTY OF BRAZORIA: • BEFORE )11E, the undersigned, a Notary•Public in and for said• ' ,,,,,r,,, •County, and .State, on this .day personally appeared- David L. Smith .:. to me to be the person whose name is subscribed to •the rN..r•!,7. •ro :egoing instrument, and instrunnent and acknowledged to me that • e••z hi executed the same for the purpose and consideration therein • Q`; ex i'• ed. • ' • • . ;UNDER hiY HAND AND SEAL OF OFFICE THIS' THE 2gth •day: of .• igV 7:967. r' gy4Texa ''• j.!.'l Notary Public in and or-iizor. a. ounty• •�� '�--�fl��J r.I.TL A o 9 i I; L9.S_ l •••. • • r rr W,�A'f p 1. Ul ya C.e SEP 5W • k ;7N � H.2iti&YEYBis JR v`•!(•ii"..v sy r.P.do o .�pe'pij1Y - .., ir—ram.... ....s.r••.. . .... r . • •s. • .0" .o3A • V° 01 • • c , - o• ,Ikt• Ccl" *'‘)4 Ni• 0 ox4 SKYLARK WAY Existing well # 1 (green easement) Existing well #2 (red easement) Northeast comer of Commercial Reserve West Lea Subdivison, Seam 1 LOCATION MAP SCALE i•—icliv. Lots 1 6 2, Commerdal , <At/ reserve (Mr.& Mrs. Alonso) • . •• • F STATE. FM 1128 GULU St.62, eavintemt 361607010o 57 c Pi) ---' TERM: This easement shall run with the land and shall be binding on all parties claiming wady the Grantor for a period of two years from the date that this easement is recorded; afther which time, this easement shall be automatically extended until the use of the subject'water well as a source of water for public water systems ceases. IN WITNESS WHEREOF, the said owner has executed this instrument this t le day ofti 2000. SO ,4dc' Re i Bravo, Grantor Dolores Bravo, Grantor Poi-Osegi. STATE OF TEXAS COUNTY OF BRAZORIA 1,4h This instrument was acknowledged before me on the ° day ofpf t, 2000 by Refugio Bravo and Dolores Bravo. .41 of Texas ..hY• mm. em. •••••, ••••• •••••• •••••• ••..• 0.0 ••••.... OM.. OOP. • West Lea SubdiVision Seaton 3 Bram,.la Cougb.rapiL _ _ g Ma eci41 144.-!1' - ebv61 411"va --- 1r—a IF NORTH /209' BIo c _ate.° ve so' \ZOCY• CIWAIERC/AL. RESERVE 4.42,0k7,1 &p.m./ CO - — 100.8(117002.../7ZAI SKYLARK WAY • .1_144o'._._=iter....a. - Reggio & Dolores Bravo • Lot 2 Block 12 Commercial Reserve The area witWn tke150' easement °like proposed new welL ,Th4 shaded area is the easement portion on your property that I am arldng kfor you to sign in the Sanitary Control Easement Document. :::,.:711ank you, .Jennrer Jamison West Lea Water Company • Y 1. •i• : o • 1 ArO' West Lea Water Company 2460 Country Club Drive Pearland, Texas 77581-5002 Phone 281-485-0550 Fax 281-485-4236 g/G �lil2g, 2000 Dolores and Refugio Bravo 7618 Bailey Road Pearland Texas 77584 - 6610 Ref Lot 2 Block 12 Commercial Reserve: West Lea Subdivision Sect. 3 Mr. and Mrs. Bravo, The above described property is located in the West Lea Subdivision in Brazoria County, Texas. The water source is from wells in the West Lea Subdivision. The subdivision is in an emergengy need for an additional well. The existing wells are not capable of providing the additional water capacity needed with the growth in our area and with the expected drought in the near future. A well site easement was established in 1978 by the developers of West Lea Subdivision at the North East Corner of Heron Lane off of FM1128. See map included The TNRCC (Texas Natural Resource Conservation Commission) regulates all water utilities in Texas. They require that I submit to each property owner within 150 feet of the proposed new well this Sanitary Control Easement. This easement has minimal restrictions on your property. (Houses can be built on the easement area. The septic pop ups can be installed outside the easement area.) This is an agreement by you that you will not use your land for purposes that will be detrimental to the public water supply. It is to protect our water from any possible unsanitary conditions. Your execution of this easement is purely voluntary. It will greatly assist my obtaining an approval from the TNRCC to drill the new water well. If you have any questions or want me to provide the notary please call me at 281-485-7151 otherwise; please sign, have your signature acknowledged and return to me. I apprectiate your consideration. Je ' fifer J' ' ison, /' er West Lea Water Company ED FOR RECORO 00 JUL 19 AM I I: I I f • NiJ..�M. OUNTY BRAZORIA COUNTY TF.(?' STATEOFTEXAS COUN1YOF MAMMA 4JOYCEHUMAN. aukci eCoo*CowllnandbrintaM ED FOR . OOf o do NNW/ad* `SO fla i inotomor"i owasn trnmidis r.rnaod hereon bywe Cou.yCoot MS. i Co., Tx 00 030594 SANITARY CONTROL EASE DATE: Apri120, 2000 GRANTOR WILLIAM E. BROWN y, GRANTOR'S ADDRESS: 10206 Sage Royal Houston, Texas 77089 .( GRANTEE- WEST LEA WATER COMPANY G 'S ADDRESS: 2460 Country Club Drive Pearland, Texas 77581-5002 Purpose, Restrictions, and Uses of Easement: 1. The purpose of this easement is to protect the water supply of the well described and located below by means of sanitary control. sae 9.a0 .5 O M; ..''t`t191t^ i5.00 •1 7/19700 11r WED 2. The construction and operation of underground petroleum and chemical storage tanks and liquid transmission pipelines, stock pens, feedlots, dump grounds, privies, cesspools, septic tank or sewage treatment drainfields, improperly constructed water wells of any depth, and all other construction or operation that could create an insanitary condition within, upon, or across the property subject to this easement are prohibited within this easement. For the purpose of the easement, improperly constructed water wells are those wells which do not meet the surface and subsurface constructuon standards for a public water supply well 3. The construction of the or concrete sanitary sewers, sewer appurtenances, septic tanks, storm sewers, and cemeteries teries is specifically prohibited within a 50-foot radius of the water well described and located below. 4. This easement permits the constriction of homes or building upon the Grantor's property as long as all items in Restrictions Nos. 2 and 3 are recognized and followed 5. This easement permits normal farming and ranching operations, except that livestock shall not be allowed within 50 feet of the water wall. The Grantor's property, 3642 Skylark Way, Pearland, Texas, located in West Lea Subdivision, Section 3, Block 12, Lot 9, subject to this Easement is described in documents recorded in: Vo1,41. Page 212 , Deed Records, Brazoria County, Texas Property Subject to Easement: All of that area within 150 foot radius of the water well located Z2 feet at a radial ale. degrees from the WE. corner of Lot 1 Commercial Reserveof West Lea Section 3, Block 17, a Subdivision of Record in Book 12. Page 21 of the Brazoria County Plat Records. TERM: This easement shall run with the land and shall be binding on all parties claiming undr the Grantor for a period of two years from the date that this easement is recorded; either which time, this easement shall be automatieJilly extended until the use of the subject water well as a source of water for public water systems ceases. IN WITNESS WHEREOF, the said owner has executed this instrument this day of April 2000. William E. Brown, Grantor STATE OF TEXAS COUNTY OF BRAZORIA This instrument was acknowledged before me on they of April, 2000 by William E. Brown. Notary Public, State of Texas 1' • • West Lea Subdivision Section 3 30' 4/01 oattei, 'q 60' t F. /ad NORTH /209' i • 144s-- ZOO' ClaffAIERC /AL RESERVE \ 4-10 ' Z/474 Arotouneni 744,7. 147 /44.6' CO —407 US, • '.80/7.2147.7 Ike 7.4-041.P5-914797 71o, SKYLARK WAY • Li.5•___L-Agia..-L h 1 Ago' S William E. Brown Lot 9 111a:142 The area widths the 150' easement °like proposed new welL Tieer" shaded area is the easement portion on your property that I am asking joryou to sign in the Sanitary Control Easement Document. • Thank you, lJennifor Jamison West Lea Water Company " • `.." • West Lea Water Company 2460 Country aub Drive Pearland, Texas 77581-5002 Phone 281-485-0550 April 20, 2000 William E. Brown 10206 Sage Royal Houston, Texas 77089 Fax 281-485-4236 Ref 3642 Skylark Way Lot 9 Block 12 - West Lea Subdivision Dear Mr. Brown, A well site easement was established in 1978 by the developers of West Lea Subdivision at the North East Corner of Heron Lane off of FM1128. The West Lea Subdivision in in need of an additional well. The TNRCC (Texas Natural Resource Conservation Comnsission) regulates all water utilities in Texas. They require that I submit to each property owner within 150 feet of the proposed new well this Sanitary Control Easement. This easement has minimal restrictions on your property. (Most of the items listed in paragraph 2 are not allowed in your subdivision due to deed restrictions. Your septic drain lines are not within the 150' area. Items 3 , 4 & 5 do not apply as your property is more than 50 feet from the well site.) This Ls an agreement by you that you will not use your land for purposes that will be detrimental to the public water supply. It is to protect our water from any possible unsanitary conditions. _ Your execution of this easement is purely voluntary. It will greatly assist my obtaining an approval from the TNRCC to drill the new water well If you have any questions or want me to provide the notary please call me at 281-485-7151 otherwise; please sign, have your signature acknowledged and return to me. 1 apprectiate your consideration. you, Jen ifer Jamison, Owner West Lea Water Company FILED FOR RECORD OOJULI9 AMlit II COUNTY CLERK BRAIORM COUNTY Tf.,: STATE (*TEXAS CCUNTYOF SRA1ORIA I.JOlCEHUDMAN.Clock ofIM oyCoudin onddid M1wMi1LE0 141120.11 FORfECAQDMid CoRR par doMhby s*NNMMCFFICW.RECCRDILEO Imo end deb r*wooed Moon by me County Clerk aU, doCo..Ta 00 030593 SANITARY CONTROL EASEMENT DATE: April 20, 2000 GRANTORS: GRANTOR'S ADDRESS: GRANTEE: GRANTEFJ'S ADDRESS: BILLY J. HARE and KAREN HARE P.O. BOX 464 Pearland, Texas 77581-0464 WEST LEA WATER COMPANY 2460 Country Club Drive Pearland, Texas 77581-5002 Purpose, Restrictions, and Uses of Easement: 1. The purpose of this easement is to protect the water supply of the well described and located below by means of sanitary control 2. The construction and operation of underground petroleum and chemical storage tanks and liquid transmission pipelines, stock pens, feedlots, dump grounds, privies, cesspools, septic tank or sewage treatment drainfiel is, improperly constructed water wells of any depth, and all other construction or operation that could create an insanitary condition within, upon, or across the property subject to this easement are prohibited within this easement. For the purpose of the easement, improperly constructed water wells are those wells which do not meet the surface and subsurface constructuon standards for a public water supply well. 3. The construction of tile or concrete sanitary sewers, sewer appurtenances, septic tanks, storm sewers, and cemeteries is specifically prohibited within a 50-foot radius of the water well described and located below. 4. This easement permits the construction of homes or building upon the Grantor's property as long as all items in Restrictions Nos. 2 and 3 are recognized and followed. 5. This easement permits normal farming and ranching operations, except that livestock shall not be allowed within 50 feet of the water wall The Grantor's property, 7026 Heron Lane, Pearland, Texas, located in West Lea Subdivision, Section 3, Block 17, Lot 1 is subject to this Easement is described in documents recorded in: Vol 1015 Page 6 , Deed Records, Brazoria County, Texas Property Subject to Easement. All of that area within 150 foot radius of the water well located .22 feet at a radial olio. degrees from the NLE. corner of Lot 1 Commercial Rcservej,f West Lea Section 3, Block 17, a Subdivision of Record in Book 12, Page 21 of the Brazoria County Plat Records. TERM: This easement shall run with the land and shall be binding on all parties claiming undr the Grantor for a period of two years from the date that this easement is recorded; afiher which time, this easement shall be automatically extended until the use of the subject water well as a source of water for public water systems ceases. IN WITNESS WHEREOF, the said owner has executed this instrument this .29Z' day of April 2000. STATE OF TEXAS COUNTY OF BRAZORIA Billy J. r r This instrument was acknowledged before me on the274eday of April, 2000 by Billy J. Hare and Karen Hare. west Lea Subdivision Secttan 3 ,r-g F.M.H28 t 2 erdo (l ebitiot,G 7-cone y NORTH /209' (MegJo t 60, ` P 200' GOiNMERC/AL RESERVE ii I tI I 1 u R J-/e U/i 4 Erstnunt 75r- CO — J,r u; %0o-4,V'r8ui/o_( r Line '-/40' /40' SKYLARK WAY _L. N I— y_ I 'o' 1 Mr. I Mrs. Billy J. Barre Lot l Block 17 The area within the 1.50' easement ofieproposed new wed ?he shaded area is the easementpy ;Jar you to sign to the Sanitary Control E o� Document 1 am asking • Thank You, .Jennifer Jamison West Lea Water Company • i• West Lea Water Company 2460 Country Club Drive Pearland, Texas 77581-5002 Phone 281-485-0550 April 20, 2000 Bill and Karen Hare P. 0. Box 464 Pearland Texas 77581- 0464 Ref Lot 1 Block 17 - West Lea Subdivision Section Dear Karen and Bill, Your subdivision is in an emergengy need for an additional well. The existing wells are not capable of providing the additional water capacity needed due to the growth in our area and with the expected drought in the near future. A well site easement was established in 1978 by the developers of West Lea Subdivision at the North East Corner of Heron Lane off of FM1128. See map included The TNRCC (Texas Natural Resource Conservation Commission) regulates all water utilities in Texas. They require that I submit to each property owner within 150 feet of the proposed new well this Sanitary Control Easement. This easement has minimal restrictions on your property. (Most of the items listed in paragraph 2 are not allowed in your subdivision due to the deed restrictions. Your septic lines are outside the 150 foot easement and the septic tank is further than 50 feet.) This is an agreement by you that you will not use your land for purposes that will be detrimental to the public water supply. It is to protect our water from any possible unsanitary conditions. Your execution of this easement is purely voluntary, but it will greatly assist my obtaining an approval from the TNRCC to drill the new water well to serve the customers in West Lea's Subdivision. Fax 281-485-4236 r,• 1.00 5.00 9.00 3.5.. 00 15.00 160 ` 7/19/00 11=1:611 WED I appreciate your condsideration, and if you find this to be in order, please sign; have your signature acknowledged and return to me. If you have any questions or if 1 may be of any assistance please call. Th D FOR RECORD Jennt r Jamison, NA 19 AM II= 11 West Lea Water Company 1 v BRAIOGRIA COU TOVNTY RK EX STATE OF TEXAS COUNTY OFSRAZONIA I.JOYCE► UOMAN,dMkatMCdnAYCourt inend Weadock Cotrd)tiTwo de Weft artilythat ihiskisunw was FILED PONIECORDsold IIECCWEDkith* CFF tAIAECONDaH. *rood WNMslsnpsd Wonsl"ns t C l�.d.raw� County DIAof WandsCo..TX 4. 00 030592 SANITARY CONTROL EASEMENT' /3 DATE: April 20, 2000 lam" GRANTOR: JENNIFER L. JAMISON, d/b/a West Lea Water Company: GRANTOR'S ADDRESS: 2460 Country Club Drive Pearland, Texas 77581-5002 GRANTEE: WEST LEA WATER COMP GRANTEE'S ADD S. 2460 Country Club Drive Pearland, Texas 77581-5002 Purpose, Restrictions, and Uses of Easement: ITT fEE . • 1.00 5.00 13.00 305.00 fl G18ti 19.00 7/19/00 11113AN VED 1. The purpose of this easement is to protect the water supply of the well described and located below by means of sanitary control. 2. The construction and operation of underground petroleum and chemical storage tanks and liquid transmission pipelines, stock pens, feedlots, dump grounds, privies, cesspools, septic tank or sewage treatment drainfields, improperly constructed water wells of any depth, and all other construction or operation that could create an insanitary condition within, upon, or across the property subject to this easement are prohibited within this easement. For the purpose of the easement, improperly constructed water wells are those wells which do not meet the surface and subsurface construction standards for a public water supply well. 3. The construction of tile or concrete sanitary sewers, sewer appurtenances, septic tanks, storm sewers, and cemeteries is specifically prohibited within a 50-foot radius of the water well described and located below. 4. This easement permits the construction of homes or building upon the Grantor's property as long as all items in Restrictions Nos. 2 and 3 are recognized and followed. 5. This easement permits normal farming and ranching operations, except that livestock shall not be allowed within 50 feet of the water wall. The Grantor's property, 7030 Heron Lane, Pearland, Texas located in West Lea Subdivision subject to this Easement is described in documents recorded in: Vol. 1597 , Page 444 , Deed Records, Brazoria County, Texas Property Subject to Easement: All of that area within 150 foot radius of the water well located feet at a radial of Ai degrees from the ME corner of Tract 9- Block 17, Commercial Reserve of West Lea Section 3. Block 12. a Subdivision of Record in Book 12. Page 21 of the Brazoria County, Texas Plat Records. TERM: This easement shall run with the land and shall be binding on all parties claiming undr the Grantor for a period of two years from the date that this easement is recorded; afflict which time, this easement shall be automatically extended until the use of the subject water well as a source of water for public water systems ceases. IN WITNESS WHEREOF, the said owyerjms executed this instrument this of. - day of April 2000. STATE OF TEXAS COUNTY OF BRAZORIA This instrument was acknowledged before me on the2-= day of April, by Jennifer L. Jamison, d/b/a West Lea Water Company. Fubkic, State of Texas • West Lea Subdivision, Section 3 BgadoC 1',Tic _--------_---- f. M //28 ro 2 trt`'aYl.Viubt6;ut' iluiPAGfel° - 30' • NORTH /209' giqclz e ZOO' C OMMERC/AL RESERVE j./O'U/i/i/y EJaemont co —We? -- • �-12 Dea%ding Line iav�-'- SKYLARK WAY Aca'__L_-. iaL C N h 1 MO' 1. West tea water Congia%p, Jennifer Jamison Lot 1 Commercial Resent Block 17 TAX RECEIPT FOR TAXES PAID FOR ACCOUNT PEARLAND I. S. D. P 0 BOX 145 PEARLAND, TX 77588 OWNER 8230 0174 110 02/28/2000 RECEIPT 261718-99002144 MORT CO PARCEL ADDRESS: WEST LEA WATER CO % JENNIFER JAMISON 2460 COUNTRY CLUB DR PEARLAND TAX YEAR UNIT 1998 01 1998 03 1999 01 1999 03 TAXABLE TAX VALUE RA'iE 450 1.862400 450 • .695000 450 1.643400 450 .6950GJ TX 77581- LEGANI IAA)L* „ ,1 J�'sA WEST LEA 3 (A0546 H T & B), BLOCK 17, LOT 1 COMM RESERCE WATER WELL SITE, ACRES 0.017 LEVY PENALTY PAID INTEREST 8.38 3.13 7.40 3.13 PAYOR: WEST LEA WATER CO % JENNIFER JAMISON 2460 COUNTRY CLUB DR PEARLANB- TX 77581- APPR DIST 4: R264076 BY: DEPUTY 01 PEARLAND ISD 03 CITY OF PEARLAND 2.10 .78 .52 .22 TOTAL TAXES PAID DATE PAI CHECK 0.0170 ACRES ATTORNEY COURT TOTAL FEES COSTS PAYMENT 1.57 .59 #earip-aside 12.05 4.50• 7.92 West Las Subdivision, Setts 3 ---- ---- e- t FM. /MO NORTH /2O9' FIE ' !I 4100' 0,4401ERC/AL RESERVE /0'1/r74 Arsement SKYLARK WAY /¢df d :4-, The area within the 150' easement of the proposed new well. April 25, 2000 TNRCC, Easements have been requested and/orgranted from land owners in the 150' arcs. The road easements are also noted in this area. These easements and easement requests will be filed upon approval of the new well and well site facility. Respectfully, M to d re00rdelN% 11ie bbemml w lewd M be rredelwree ter the beet p olopneptie reprodlredon beams deghltqy, carbo% a pmleaopy, elecoicted paper, elm N Meeke t% midde M/ olrrpee ma preset/ al the *no the t.trunrent wee INed end recorded. Jennifer Jamison FILED FOR RECORD West Lea Water Compa�+0 JUL 19 AM I I = 11 COUNTY CLERK 8RAzoRM COUNTY TEV-. STATE COUNTYO> BRAZORIA 4JOYM ► UOMAN,C oredewcouneCawYrend1oranam e Cows* Awls do horoby cortity eft intecmore FLED FORSECORDendlIECORDED eineOffIC1 NECo mine Eno and delo M Mrheed hereon by me 144..a• .a,r` Cweycrre «erwneca.TX /4 /3 .,.• 5 , / 3 4;6 1'.'./►'�' 11- s iva _Ra N 1 y w re, 0 er, A. AFFIDAVIT OF PUBLICATION The Pearland Re 2404 South Reporter News Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties 1, Randy Emmons, he i1, Randy and hereby certify that the notice hereby appended was NEWS Published Harris &. Galveston Counties f ° a newspaper of or _ l general issues, as follows; No. No. No. No. No. Date Date Date Date Date Subscribe and sworn to before me this LAURA ANN EMMONS Natay Pcllice State of Texas mirrission Expires 09-09-2006 20 4/ 20 20 20 20 ors_ President day of Laura Ann Emmons, Publisher Notary Public, State of Texas Published July 14, 2004 " NOTICE OF PUBLIC HEARING ON THE. ABANDONMENT OF UNUSED SANITARY CONTROL EASEMENTS Notice is hereby given thati on the 19th day of July,' 2004, at 6:30 p.m., the City, Council of the City of Pearland, Texas, will con- duct a Public Hearing in the Council Chambers, City Hall, 3519 Liberty Drive, Pearland, Texas, to gather public comment and testi- mony regarding the aban- ;. donment of unused dedicat- ed sanitary control ease- ments that previously ; served the West Lea Water , Company. At said hearing .all interest- ed 'parties shall have the right and opportunity to appear and be heard on the subject. /s/ Young Lorfing, TRMC City Secretary This site is accessible to disabled individuals. For special assistance, please: call Young Lorfing at 281- 652-1655, prior to the meet-' ing so that appropriate' arrangements can be made.i