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Ord. 1230 10-10-05ORDINANCE NO. 1230 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, EMERGENCY CLAUSE AND A REPEALER CLAUSE. 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 September 12, 2005, 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. 1230 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 All ordinances and parts of ordinances in conflict herewith are hereby repealed, but only to the extent of such conflict.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. Declaration of Emergency. The Council finds and determines that the need to establish its boundaries inures to the benefit of the public and, therefore, bears directly upon the health, safety and welfare of the citizenry; and that this Ordinance shall be adopted as an emergency measure, and that the rule requiring this Ordinance to be read on two (2) separate occasions be, and the same is hereby waived. Section 7. Effective Date. This Ordinance shall become effective immediately upon its passage and approval by the City Council. PASSED and APPROVED ON FIRST and ONLY READING this the loth day of October , A. D., 2005. ATTEST: APPROVED AS TO FORM: ,,._;___ od„, DARRIN M. COKER CITY ATTORNEY ,---,,l-x) / -f-t1 TOM REID MAYOR 2 September 29, 2005 Mr. Darrin Coker City Attorney City of Pearland 3519 Liberty Drive Pearland, TX 77581 THE GUSTAFSON GROUP • By Fax to 281-652-1679 and by U.S. Mail Re: 9.9932 acres of land in the H.T.&B.R.R. Company Survey, Abstract 300, Brazoria County, Texas, and being all of Lot 57, Section 81, Allison Richey Gulf Coast Home Company's Subdivision. Dear. Mr. Coker: Please see the attached Deed Restrictions regarding our 9.9932 acres. The Deed Restrictions have been filed with the Brazoria County Clerk. The following documents have now been submitted to the City of Pearland: I . Payment if Lieu of Taxes Agreement (PILOT) 2. Deed Restrictions 3. Petition to Annex from Brazoria County MUD #6 to the City of Pearland It is our understanding that it is now appropriate to go before City Council for approval of disannexation of the above property. Please advise. Very truly yours, THE GUSTAFSON GROUP Brett F. Walker W:\WDX Williamson Dickson\gWDXCityofPearlandAttorneyDeedRestrictionsLtr.doc THE GUSTAFSON GROUP, INC. 8955 KATY FREEWAY SUITE 105 HOUSTON TX 77024 (713) 722-7707 FAX (713) 722-7711 WMapOptix 4.2 Interface Toots 4> C Qs n E 0 0 Layers L Show All E Hide All Road Layers LAIC Tax Parcels Boundary Layers Planning Layers k J MUD Layer ' Parks Layer C E Parks k: 2 Ordinance Layers LE Imagery Layers E F Aerial Photo Hill Shade I -ill Cf5`'rlcs" Query 0 # r Page 1 of 1 1. • / 1 r r•• _ A l • r TT_•_i_.. fl-7I-1fl C FxHiair °a" 9.9932 acres of land, lying and being situated in the H.T. and B. RR Company Survey, Abstract 300, Brazoria County, Texas and being all of Lot 57, Section 81, Allison -Richey Gulf Coast Home Company's Subdivision; said 9.9932 acres of land being more particularly described by metes and bounds as follows; BEGINNING at a point in the centerline of County Road No. 94, same being located South 3135.00 feet from the northeast corner of the.said Section 81, said beginning point being the northeast corner of the said Lot'57; THENCE South, along the centerline of County Road No. 94, a distance. of 495.00 feet to a point for the southeast corner of the said Lot 57; THENCE West, along the south line of the said Lot 57, at 20.00 feet pass a 1" iron pipe in the west line of the said road, in all 879.40 feet to a concrete monument in the east right of way line of propo.sed State Highway 288; THENCE North, along the said highway right of way line, 495.00 feet to a concrete monument for the northwest corner of the said Lot 57; THENCE East, along the north line of the said Lot 57, at 859.40 feet pass a 1" iron pipe in the aforementioned west line of County Road No. 94, in all 879.40 feet to the point or place of beginning and containing as aforesaid 9.9932 acres of land. Received Fax : Se. 29 2005 3:44PM ax Station : HP LASERJ T FAX . . 3 09/29/2005 16:43 7137227711 THE GUSTAFSON GROUP PAGE 03/06 Doc# 2005053857 DECLARATION OF RESTRICTIONS THE STATE OF TEXAS § COUNTY OF IBRAZORIA KNOWN ALL MEN BY THESE PRESENTS: f THE DECLARATION OF RESTRICTIONS ("Declaration") is made this ) a4L day of Szpitt. biz r , 2005 by Land Three, Ltd., a Texas limited partnership ("Developer ). DECLARATION Developer is the owner of that certain parcel of land situated more particularly described on Exhibit "A" attached hereto (thc "Property"). The Developer is in the process of disannexing the Property from the City of Pearland, Texas so that thc Property can be annexed by the Brazoria County Municipal Utility District No. 6 ("BCMUD#6"). As a condition to the disannexation of the Property, the City of Pearland is requiring the Developer to adopt and record certain restrictions against the Property. In particular, the City of Pearland is requiring the Developer to adopt and abide by the Silverlake Commercial Guidelines dated September 20, 1995 (the "Guidelines"). The City of Pearland is also requiring thc Developers to adopt and abide by the more restrictive of the Silverlake Village Shopping Center Signagc Criteria dated April 18, 2002 (the "Signagc Criteria.") attached hereto as Exhibit "B" 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 "C". NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, thc Developer hereby declares, establishes, and adopts the restrictions and conditions set forth below (collectively the "Restrictions"), with respect to the Property. The Restrictions shall be appurtenant to the Property and shall constitute covenants running with and binding upon the Property and each portion thereof and upon each party having or acquiring any right, title or interest in and to the Property' or any part thereof. Each contract, deed or other instrument hereafter executed and delivered covering the Property 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 contract, deed or other instrument. 1. Silverlake Commercial Guidelines. The Developer hereby adopts and agrees to abide by the Guidelines. The Developer shall have the option to decide whether or not to adopt any amendments to thc Guidelines. 1 Received Fax : Se. 29 2005 3:44PM Fax Station : HP LASERJET FAX • . 4 09/29/2005 16:43 7137227711 THE GUSTAFSON GROUP PAGE 04/06 2. Signage Restrictions. The Developer hereby adopts and agrees 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 govern the Signage Criteria. The Developer shall have the option to decide whether or not to adopt any amendments to the Sign Criteria or the Sign Ordinance. The Developer shall also have the option to take advantage of any variances granted by the City of Pearland to the Sign Ordinance for developments along the State Highway 288 corridor if similar reasons for granting the variance exist on the Property. 3. Amendment. These Restrictions can be amended upon written approval from the City Council of the City of Pearland, Texas. 4. Severability. In the event of the invalidity or partial invalidity or enforceability of any provision or a portion of this Declaration, the remainder of this Declaration shall remain in 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. Land Three, Ltd. By: The Gustafson Group, Inc. General Partner B 2 P esident Received Fax : Se. 29 2005 3:44PM Fax Station : HP L,SERJET FAX . . 5 09/29/2005 16:43 7137227711 THE GUSTAFSON GROUP PAGE 05/06 STATE OF TEXAS COUNTY OF HARRIS § This instrument was acknowledged before me, on the 1 01 day of September, 2005, by James W. Gustafson, President of the Gustafson. Group, Inc., the sole general partner of, LAND THREE, LTD., a Texas limited partnership, on behalf of said limited partnership. [SEAL] My Commission Expires: tvz- ti ',00(\ Document2 Notary Public. State of Texas ` SC CAA' okiXtr Printed Name of Notary Public Received Fax : Se. 29 2005 3:44PM Fax Station : HP LASERJET FAX . . 6 09/29/2005 16:43 7137227711 THE GUSTAFSON GROUP PAGE 06/06 Et sz�r 9.9932 acres of land, lying and being situated in the H.T. and B. RR Company Survey, Abstract 300, Brazoria County, Texas, and being all of Lot 57, Section 81, Allison -Richey Gulf Coast Home Company's Subdivision; said 9.9932 acres of land being more particularly described by metes and bounds as follows: BEGINNING at a point in the centerline of County Road No. 94, same being located South 3135.00 feet from the northeast corner of the said Section 81, said beginning' point being the northeast corner of the said Lot 57; THENCE South, along the centerline of County Road No. 94, a distance of 495.00 feet to a point for the southeast corner of the said Lot 57; THENCE West, along the south line of the said Lot 57, at 20.00 feet pass a 1" iron pipe in the west line of the said road, in all 879.40 feet to a concrete monument in the cast right of way line of proposed State Highway 288; THENCE North, along the said highway right of way line, 495.00 feet to a concrete monument for the northwest corner of the said Lot 57; THENCE East, along the north line of the said Lot 57, at 859.40 feet pass a 1" iron pipe in the aforementioned west line of County Road No. 94, in all 879.40 feet to the point or place of beginning and containing 9.9.932 acres of land. Doc 2005053/357 0 Pages 4 09/15/2005 3:27PM Official Records of BRAt0RIA CatndTY JOYCE HUDIVIN COUNTY CLERK Fees $28.00 AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, Lloyd Morrow, hereby certify that the notice hereby appended was published in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris and Galveston Counties, for / issues, as follows: No: / Date gr 20 ez". No Date 20 No. Date 20 No. Date No. Date Subscribe and sworn to before me. Af% LAU • Commission Expires 09-09.200G State of Texas Notary Public, Laura Ann Emmons, Publisher Notary Public, State of Texas GeQa,I2.3Q Published Sept. 7, 2005 i NOTICE OF PUBLIC HEARING OF THE CITY OF PEARLAND Notice is hereby given that ' on the 12th day of. September, 2005, at 6:30 p.m., the City Council of the City of Pearland, Brazoria, Fort Bend, and Harris Counties, 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 disan- nexation of, approximately 9.9932 acres being part of the H.T.'and B.R.R. Company Survey, Abstract No. 300, Brazoria County, Texas. At said hearing all interest- ed -parties shall have the right arid 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.