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Ord. 2000M-202 2020-04-27IsTre�11'1E7it�aki1154MiIIiiv, dZIM An Ordinance of the City Council of the City of Pearland, Texas, amending Ordinance No. 2000M, the zoning map of the City of Pearland, Texas, for the purpose of changing the classification of certain property, A 3.172 -acre tract in the D. H. M. Hunter Survey, Abstract No. 76 in Brazoria County, Texas. Said 3.172 -acre tract is in a 39.50 -acre tract of land described in a deed to Musgrave-Grohman Ventures, Ltd. As recorded in Clerk's File No. 2004027202 in the Brazoria County Clerk's Office. (East of 1853 Pearland Parkway). Zone Change Application No. ZONE 19-00024, a request by Paul Grohman, applicant, on behalf of Musgrave-Grohman Ventures, Ltd., owner; for approval of an amendment to the Stonebridge Planned Development to allow a pet store and care facility, on approximately 3.17 acres of land; providing for an amendment of the zoning district map; containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. WHEREAS, Paul Grohman, applicant, on behalf of Musgrave-Grohman Ventures, Ltd., owner; is requesting approval of a amendments to the Stonebridge Planned Development on approximately 3.17 acres of land on the following described property; said property being legally described in the legal description attached hereto and made a part hereof for all purposes as Exhibit "A," and more graphically depicted in the vicinity map attached hereto and made a part hereof for all purposes as Exhibit "B"; and WHEREAS, on the 61h day of January 2020, a Joint Public Hearing was held before the Planning and Zoning Commission and the City Council of the City of Pearland, Texas, notice being given by publication in the official newspaper of the City, the affidavit of publication being attached hereto and made a part hereof for all purposes as Exhibit "C," said call and notice being in strict conformity with provisions of Section 1.2.2.2 of Ordinance No. 2000T; and WHEREAS, on the 7th day of January 2020, the Planning and Zoning Commission submitted its report and recommendation to the City Council regarding the proposed amendments to the Stonebridge Planned Development on approximately 3.17 acres of land, said recommendation attached hereto and made a part hereof for all purposes as Exhibit "D"; and WHEREAS, upon receipt of the report from the Planning and Zoning Commission, City Council considered this application and the recommendation of the Planning and Zoning Commission at regular meetings on the 13th day of April 2020 and the 27th day of April 2020; and WHEREAS, the City Council having fully heard the testimony and argument of all interested parties, and having been fully advised in the premises, finds that in the case of the application of Paul Grohman, applicant, on behalf of Musgrave-Grohman Ventures, Ltd., owner; for approval of a amendments to the Stonebridge Planned Development on approximately 3.17 acres of land; presented which, in the judgment of the City Council, would justify the approval of said application; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section I. The following described property located within the corporate City Limits of the City of Pearland, Texas, and presently being located within the zoning classifications of Stonebridge Planned Development, and the Planned Development Amendment attached hereto and made a part hereof for all purposes as Exhibit "E", in accordance with all conditions and requirements of the current Unified Development Code and the following conditions approved by the City Council and incorporated for all purposes, such property being more particularly described as: Legal Description: A 3.172 -acre tract in the D. H. M. Hunter Survey, Abstract No. 76 in Brazoria Page 2 of 9 Ord. No. 2000M-202 County, Texas. Said 3.172 -acre tract is in a 39.50 -acre tract of land described in a deed to Musgrave-Grohman Ventures, Ltd. As recorded in Clerk's File No. 2004027202 in the Brazoria County Clerk's Office. General Location: East of 1853 Pearland Parkway, Pearland, Texas. Section II. The City Council of the City of Pearland finds and determines that the recitations in the preamble hereof are true and that all necessary prerequisites of law have been accomplished and that no valid protest of the proposed change has been made. The City Council further finds and determines that there has been compliance with the mandates of law in the posting and presentation of this matter to the Planning and Zoning Commission for consideration and decision. Section III. The City Council of the City of Pearland finds and determines that the amendment adopted herein promotes the health, safety, and general welfare of the public and is a proper valid exercise of the City's police powers. Section IV. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional 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 V. All rights and remedies, which have accrued in the favor of the City under this Ordinance and its amendments thereto, shall be and are preserved for the benefit of the City. Section VI. This Ordinance shall become effective after its passage and approval on second and final reading. Page 3 of 9 Ord. No. 2000M-202 PASSED, APPROVED, and ADOPTED on First Reading this 131h day of April, 2020. ATTE T: CRY TAL ROAN, TRMC CITY SECRETARY TOM REID MAYOR PASSED, APPROVED, and ADOPTED on Second and Final Reading this 271h day of April, 2020. ATT T: CRY TAL ROAN, TRMC CITY SECRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR .� F,p,RIAN •. =0. Page 4 of 9 Ord. No. 2000M-202 Exhibit A Legal Description A 3.172 -acre tract in the D. H. M. Hunter Survey, Abstract No. 76 in Brazoria County, Texas. Said 3.172 -acre tract is in a 39.50 -acre tract of land described in a deed to Musgrave-Grohman Ventures, Ltd. As recorded in Clerk's File No. 2004027202 in the Brazoria County Clerk's Office. Page 5 of 9 Ord. No. 2000M-202 Exhibit B Vicinity Map Exhibit 1A Aerial Map ZONE 19-00024 Stonebridge PD Amendment East of 1853 Pearland Pkwy Legend QSubject_ Property 9' ire wud— is fur W— 6-1 p.q.— and nhaw burn p-prvd for a br —blr ,l. ••orw..•rinF. yr wrveyinV Vw'Vartro. It •pnvan<an nn thvpwund mnvp and , i,.. �mly rhe approxrma4•rclarlvr korv.n of w wny lo -dark" I inch = 250 feet NOYENKKK s.2019 COMMUNITY DEYELOMIENT Page 6 of 9 Ord. No. 2000M-202 Exhibit C Legal Ad NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS ZONE CHANGE APPLICATION NUMBER: ZONE 19-00024 Notice is hereby given that on Monday, January 6, 2020, at 6:30 p.m., the City Council and Planning and Zoning Commission of the City of Pearland, in Brazoria, Harris and Fort Bend Counties, Texas, will conduct a joint public hear- ing in the Council Chambers of City Hall, located at 3519 Liberty Drive, Pearland, Texas, at the request of Paul Grohman, applicant, on behalf of Musgrave- Grohman Ventures, Ltd., owner, for an amendment to the Stonebridge Planned Development to allow a pet store and care facility, on approximately 3.17 acres of land; to wit: Legal Description: A 3.172 -acre tract in the D. H. M. Hunter Survey, Abstract No. 76 in Brazoria County, Texas. Said 3.172 -acre tract is in a 39.50 -acre tract of land described in a deed to Musgrave-Grohman Ventures, Ltd. As recorded in Clerk's File No. 2004027202 in the Brazoria County Clerk's Office. General Location: East of 1853 Pearland Parkway, Pearland, Texas. At said hearing, all interested parties shall have the right and opportunity to appear and be heard on the subject. For additional information, please contact the Planning Department at 281-652-1765. Mohamed A. Bireima, AICP Senior Planner Page 7 of 9 Ord. No. 2000M-202 Exhibit D Planning and Zoning Commission Recommendation Letter Planning & Zoning Commission Recommendation Letter January 7, 2020 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re: Recommendation on Zone Change Application No. ZONE 19-00024 Honorable Mayor and City Council Members: At their regular meeting on January 6, 2020, the Planning and Zoning Commission considered the following: A request by Paul Grohman, applicant, on behalf of Musgrave-Grohman Ventures, Ltd., owner, for approval of amendments to the Stonebridge Planned Development, on approximately 3.17 acres of land General Location: East of 1853 Pearland Parkway, Pearland, Texas. Commissioner Cade made a motion for approval and Commissioner Boswell seconded the motion. There was discussion regarding noise levels created from the open run yard and concerns with future uses of the property. A motion to postpone was made by Commissioner Boswell and seconded by Commissioner Earles. The motion failed 2-3. The original motion was then voted on and failed by a vote of 0-5. Chairperson Tunstall, and Commissioners Boswell, Cade, Earles, and Wicker were not in favor of the motion. Sincerely, Martin Griggs, AICP, CNLI-A Planning Manager Page 8 of 9 Ord. No. 2000M-202 On behalf of the Planning and Zoning Commission Page 9 of 9 Ord. No. 2000M-202 Stonebridge Planned Development Design Plan Amendment as to 3.172 -Acre Tract Within Existing Planned Development A. Introduction 1. Description of the Subject Property The subject tract is situated behind an existing retail center and is currently unimproved and vacant. There is a wetlands area on the north portion of the property 2. Description of the Proposed Development The proposed development will conform to General Business criteria and other site development requirements of the UDC. 3. Describe the Area The subject tract is 3.172 acres as shown on Exhibit 1. 4. Purpose Statement The purpose of this Design Plan approval is to allow future uses consistent with the requirements of General Business zoning without the need for further zoning approvals. 5. Comprehensive Plan The subject property is within the boundary of an existing Planned Development. 6. Applicability The subject property is within the boundary of an existing Planned Development. B. Zoning and Land Use 1. The existing zoning for the subject tract is Planned Development with an expired design plan. 2. The proposed zoning district for the subject tract is General Business. 3. Development of the subject tract is proposed to conform to General Business standards and applicable site development standards in the UDC regarding buffering and setback from adjacent properties. C. Design Standards Applicable to the Development 1. Signage, landscaping, fencing, parking, and screening will comply with General Business and UDC site development regulations 2. A specific site plan is not part of this approval. Site development will comply with General Business and UDC site development regulations 3. No deviations from General Business or other UDC regulations are anticipated. 4. All requirements of the UDC will be met unless a separate variance is approved. D. Required Dedications of Land or Public Improvements 1. The extension of Stablestone Drive will be dedicated during the platting process. E. Phasing Schedule 1. It is anticipated that the subject tract will be developed in a single phase. F. Exhibits 1. Exhibit 1 is the metes and bounds and survey exhibit for the subject tract. No other exhibits are included with this approval as site development will conform to General Business and UDC site development regulations KJ144 Investments, LLC 3.172 Acres STATE OF TEXAS § COUNTY OF BRAZORIA D.H.M. Hunter Survey Abstract No. 76 METES AND BOUNDS DESCRIPTION of a 3.172 -acre tract in the D.H.M. Hunter Survey, Abstract No. 76 in Brazoria County, Texas. Said 3.172 -acre tract is in a 39.50 -acre tract of land described in a deed to Musgrave-Grohman Ventures, Ltd. as recorded in Clerk's File No. 2004027202 in the Brazoria County Clerk's Office and is more particularly described by metes and bounds as follows: BEGINNING at a 518 -inch iron rod (stamped "LJA") found for the east corner of Tract "A", Block 1, of Centre at Peadand Parkway Subdivision as recorded in Clerk's File No. 2006061125 in the Brazoda County Clerk's Office, said point has a Texas State Plane grid coordinate of N 13,775,607.38, E 3,156,213.12; THENCE, North 32°42'50" West, along the northeast line of said Tract "A" for a distance of 627.13 feet to a 5/8 -inch iron rod (stamped "LJA") found for the west corner of the herein described tract, same being the north comer of said Tract "A", and is in the northwest line of the aforementioned 39.50 -acre tract, same being the southeast line of Block 4 of the Final Plat of The Lakes At Highland Glen, Section Six as recorded in Clerk's File No. 2009022028 in the Brazoria County Clerk's Office; THENCE, North 41°'40'14" East, along the northwest line of said 39.50 -acre tract, same being the southeast line of said Block 4, for a distance of 191.05 feet to a 518 -inch, iron rod set for the north comer of the herein described tract; THENCE, South 32042'50" East, 184.00 feet northeast of and parallel to the northeast line of said Tract "A" for a distance of 760.00 feet to a 5/8 -inch iron rod set for the east comer of the herein described tract, said point is in the projected southeast right-of-way line of Stable Stone Lane (based on a width of BO -feet); THENCE, South 57°44'11„ West, along the projected southeast line of said Stable Stone Lane for a distance of 224.00 feet to a 112 -inch iron rod (stamped "Brown & Gay") found for the east comer of said Final Right -of -Way Plat of Stable Stone Lane as dedicated in the Final Right -of -Way Plat of Stable Stone Lane as recorded in Clerk's File No. 2007055502 in the Brazoria County Clerk's Office, same being the north comer of the Minor Plat of Buck Plaza as recorded in Clerk's File No. 2016061155 in the Brazoria County Cleric's Office; THENCE, North 32°42'44" West, along the northeast line of said Final Right -of -Way Plat of Stable Stone Lane for a distance of 80.00 feet to the north comer of said Final Right -of -Way Plat of Stable Stone Lane, said point is in the southeast line of the aforementioned Tract "A" of Centre At Pearland Parkway; Thence, North 57°44'11" East, along the northeast line of said Tract "A" for a distance of 40.00 feet to the POINT OF BEGINNING containing a computed area of 3.172 -acres (138,175 square feet). NOTE: 1. The bearings and grid coordinate shown hereon are based on the Texas State Coordinate System of 1983, South Central Zone. Distances are surface. Scale factor: 0.99987 2. A separate survey map has been prepared in conjunction with this metes and bounds description. 3. All set rods were set with plastic survey caps stamped, "Wilson Survey Group". The Wilson Survey Group, Inc. LD l 2006 East Broadway, Suite 103 Peadand, Texas 77581 Michael D. Wilson, R.P.L.S. (281) 485-3991 Registration No_ 4821 T. B. P. L. S. Firm No. 10014900 Job No. 19-165 r4IF A% S ,a I o l D i r� 1 MICHAVEL D WILSON 4821 w* 4D $ � �Q LEM.N 0W nuwr noom.a� 1 1 \ ® \ \ 1 \ \ 1 r=4o' \ \ \ scuF: ,A \ 1 760.00' ACRES 'rr,.n...•. 3.172 (138,175 S0. FT.) E '41 \ ....r .r:,e'.:.".'::wR nm �.mne'G%w:,.noru e � p•+ �u *a POINTOF \ \ q«w•��.r :wn.. n...wr�. ><.0 nom.. . an� r �.. 1•rnwlr �7 n• \1 BEGINNING_ m Q' \ —N 32*42'50" N 5744'11' E _ — $r �\ — -Ell RI — Mb i u» \\ '^ ,•• •' r u. ��+ m.. m w n.�n ..ae..... • on ..awn ".w • "m��i ier,'^-"o :: '°°:n:.....« un —T 40.00' ..• hoc (".TMa»,` : a;ri : . .� � wr.a N •�$` 2.' rrao•. v�cs" em 44uuumum M -- �.b.a '•a.w =1 —NIX., a.�awa«:.. w.�nrn... u, r. 80.00 ' `c0" e .as aeww-..° �ihIII _yj „'—JIIIIII ..,r .w.,a...s.r j, ��.• ,� W.rPysalaaE �j °�mincbcuuGn' sAWiFe`tmo \ I 0�Z rya�spra PEA6lNNM;") . anPPl ave «,K .wo.. au�n aan aria. vv.m.rra+ rR u.[<„+�ic,.la0,•s n m[ �Q LEM.N 0W nuwr noom.a� uwxo�c r ® OF < AN . W e c• KT=_— �vn -tY) a44 cGa�a /��UI �l9 .asw Brazoria County Exhibit A Description of the Easement Tract D.H.M. HUNTER SURVEY, ABSTRACT NO. 76 Pearland, Texas STATE OF TEXAS COUNTY OF BRAZORIA 0.0202 Acre 10 Feet Wide Electrical Easement Being a 10 feet wide Electrical Easement, containing a 0.0202 acre (881 square feet) of land situated in the D.H.M. HUNTER Survey, Abstract No. 76, Brazoria County, Texas, being out of and part of a 3.661 acre tract of land conveyed to Brazoria County Municipal Utility District No. 23 by Special Warranty Deed recorded under Brazoria County Clerk's File Number (B.C.C.F.) 2006059181, subsequently platted as Restricted Reserve "A", of Block 1, Final Plat of The Lakes at Highland Glen Section Six, a subdivision plat of record under B.C.C.F. No. 2009022028, and being further described by metes and bounds as follows: (Bearings and coordinates are referenced to the Texas Coordinate System of 1983, South Central Zone No. 4204, grid coordinates are reference here on and may be converted to surface by applying the following combined scale factor of 0.99987387) COMMENCING for reference at a found 5/8" iron rod with cap stamped "All Points" (X:3,155,716.49, Y: 13,766,709.22), making the most southerly southeast corner of Lot 1, of said Block 1, same being the south end of a cut-back radius at the intersection of the west Right -of - Way (R.O.W.) line of said Yorkshire Creek Court, 50 feet wide, B.C.C.F No. 2009022028, with the north R.O.W. line of Summit Springs Lane, 50 feet wide, B.C.C.F No. 2009022028, same being a point of tangency; THENCE, South 61°07'59" West, departing R.O.W. of said Yorkshire Creek Court and continuing along the north Right -of -Way (R.O.W.) line of Summit Springs Lane 12.46 feet to a found 5/8" iron rod with caps stamped "All Points" marking a point of curvature of a curve to the left; THENCE; Westerly, an Arc length of 88.85 feet, along said curve to the left, having a radius of 275.00 feet, a central angle of 18°30'43", and a chord which bears South 69°52'52" West, 88.47 feet to a found 5/8" iron rod with cap stamped "All Points" marking the southeast corner of the POINT OF BEGINNING (X:3,155,622.57) Y:13,776,672.86) and southeast corner of the herein described easement, same being a point of compound curvature; THENCE, Westerly, an Arc length of 10.61 feet continuing along said R.O.W. line and said curve to the left having a radius of 275.00 feet; a central angle of 02°12'41" and having a chord which bears South 80°14'35" West, 10.61 feet, to a point for the corner southwest corner of the herein described easement; THENCE, North 29°19'56" West, departing said R.O.W., over and across Restricted Reserve "A" and aforesaid Lakes of Highland Glen tract a distance of 86.30 feet, to a point; for the northwest N orner of the herein described easement; Page 1 of 2 MB�4 Engineering, LLC. 1505 Highway 6 South, Suite 180 1 Houston, TX 77077 1281.760.1656 I TBPE # F-16850 1 TBPLS # 10194112 Brazona County D.H.M. HUNTER SURVEY, ABSTRACT NO. 76 Pearland, Texas THENCE, North 60°40'04" East, continuing over and across said Lakes of Highland Glen tract, a distance of 10.00 feet to a point in the east line of said Restricted Reserve "A", same being in the west line of Lot 2 of the aforesaid Block 1 and being the northeast corner of the herein described easement; THENCE, South 29°19'56" East, 89.86 feet to the said POINT OF BEGINNING, and containing 0.0202 acres (881 square feet) of land. This description is based on exhibit prepared by MBCO Engineering, LLC. Dated July 13, 2020. ST T� F h DAVID POWELL BRISTER . <goo ..5537... 4. Fes SUR`I��� Page2of2 MBCO Engineering, LLC. 1505 Highway 6 South, Suite 180 1 Houston, TX 77077 1 281.760.1656 I TBPE # F-16850 I TB PLS # 10194112 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. ELECTRICAL EASEMENT THE STATE OF TEXAS § COUNTY OF HARRIS § KNOW ALL MEN BY THESE PRESENTS: That BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 23, a political subdivision of the State of Texas (hereinafter referred to as "Grantor"), for and in N onsideration of the sum of TEN DOLLARS ($10.00) and for other good and valuable consideration paid by Grantee (defined below) to Grantor, the receipt and sufficiency of which is hereby acknowledged, has GRANTED, BARGAINED, SOLD and CONVEYED and, by these presents, does GRANT, BARGAIN, SELL and CONVEY unto CITY OF PEARLAND, TEXAS, a political subdivision of the State of Texas (hereinafter referred to as "Grantee"), its successors and assigns, a permanent easement and right-of-way the "Easement") for the installation, maintenance, repair, modification, removal and operation of underground electrical lines, conduits and all related connections and appurtenances thereto (collectively, the "Facilities") across, along, under, upon and through that certain tract of property situated in the County of Brazoria, Texas, containing 0.0202 acre, as more particularly described in Exhibit "A" and shown on Exhibit "B", both of which are attached hereto and incorporated herein for any and all purposes (the "Easement Tract"). Grantee may install, maintain, repair, modify, remove and operate the Facilities across, along, under, upon and through the Easement Tract and may enter upon the Easement Tract to engage in all activities as may be necessary in connection therewith. In addition, Grantee, including its agents, employees and representatives performing work on behalf of Grantee for the purposes stated hereunder, shall have a right of ingress and egress to and from the Easement Tract in order to effectuate the purposes Page 1 of 6 Rev 1.0.2 for which the Easement is granted. Grantee will, at all times after doing any work in connection with the Easement, restore the surface of the Easement Tract as nearly as reasonably practicable to substantially its condition prior to the undertaking of such work. Grantor expressly reserves the right to fully use and enjoy the Easement Tract for any and all purposes, so long as Grantor's use and enjoyment thereof shall not unreasonably interfere with the rights herein granted to Grantee. This conveyance is subject to all easements, restrictions and reservations affecting the Easement Tract and appearing of record in the Official Public Records of Brazoria County, Texas which affect the Easement herein conveyed, to the extent the same are valid and subsisting and are enforceable against the Easement Tract or a political subdivision of the State of Texas (collectively, the "Permitted Encumbrances"). TO HAVE AND HOLD said Easement, together with, all and singular, the rights and appurtenances thereto in anywise belonging unto Grantee, its successors and assigns, to be used for the purposes described hereunder, forever. Grantor does hereby bind itself and its successors and assigns TO WARRANT AND FOREVER DEFEND, all and singular, the Easement unto the Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof, subject to the Permitted Encumbrances. The covenants and agreements contained herein shall run with the land and shall inure to the benefit of and shall be binding upon Grantor and Grantee and their respective successors and assigns. This instrument shall be interpreted and construed in accordance with the laws of thIU State of Texas, without regard to conflict of laws, principles, and venue for any suit, action, or proceeding instituted in connection with any controversy arising out of this Page 2 of 6 Rev 1.0.2 instrument or the Easement shall be the state courts situated in Brazoria County, Texas. This instrument may be executed in multiple counterparts, each of which shall be deemed an original, and all of which, taken together, shall constitute one instrument. Grantee's address is 3519 Liberty Drive, Pearland, Texas 77581. ('Signature pages follow this page] Page 3 of 6 Rev 1.0.2 EXECUTED by Grantor this GRANTOR: BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 23, a political subdivision of the State of Texas By: Name: Title: ATTEST: By: Name: Title: THE STATE OF TEXAS COUNTY OF day of , 2020. ACKNOWLEDGMENT This instrument was acknowledged before me the day of 2020, by , of Directors of BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO subdivision of the State of Texas, on behalf of said political subdivision. (NOTARY SEAL) Rev 1.0.2 ,and of the Board 23, a political Notary Public, State of Texas Page 4 of 6 EXECUTED by Grantee on the date set forth in the acknowledgment below, but AGREED to, ACCEPTED, and EFFECTIVE as of the date executed by Grantor. GRANTEE: CITY OF PEARLAND, TEXAS, a political subdivision of the State of Texas By: Name: Title: ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF BEFORE ME, the undersigned Notary Public, on this day personally appeared Clay J. Pearson, City Manager of the CITY OF PEARLAND, TEXAS, a political subdivision of the State of Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. JIVEN UNDER MY HAND AND SEAL OF OFFICE THIS oto DAY OF A.D., 2020. CRYSTAL N ROAN Notary Public, State of Texas My Commission Expires January 28, 2024 NOTARY ID 1057222-1 Rev 1.0.2 NOl�RY PUBLIC, STATE OF Printed Name: My Commission Expires: i ' 2� Page 5 of 6 Attachments: Exhibit A — Description of the Easement Tract Exhibit B — Sketch of the Easement Tract AFTER RECORDING RETURN TO: Darrin M. Coker, City Attorney City of Pearland 3519 Liberty Drive Pearland, TX 77581 Page 6 of 6 Rev 1.0.2 � X > J (wJ U O Z Z 0 ❑ i7 J W OO LL — Z J Z O a a 0 w w o ° CC U) F- O Q w S w Q❑ p J 2 W❑❑ 7 ow Jp 2 � ¢ O Dr LL aO U ©raI �♦ W IY U U °Urn w Y Z o � (C O co N ~ IJ Fw Z Q 0 U) C6 J NT N C N LEM C6 o z ❑ Y I I C w w O �1 Y W m C iiii z O ¢ U O J U ���....m Z LL w V Q Y J U 7 0 w W K m U wIf � X > J (wJ U O Z Z 0 ❑ i7 J W OO LL — Z J Z O a a 0 w w o ° CC U) F- O Q w S w Q❑ p J 2 W❑❑ 7 ow Jp 2 � ¢ O Dr LL aO U ©raI �♦ .S1NIOd SOM 211 815 „ m W Z U U °Urn (N Y Z o Ltf �o O co N U�m ❑ Fw Z Q 0 U) C6 O NT N C N LEM C6 o z ❑ cD O I I ❑Jt+j.M- w c (D �1 O , m m iiii u V x U iitit m W U ���....m Z a V r-1 Z N N 0 w W LO rr ° N m o O W z i J w W U En o (n ZLLJ Z N d = w Owe ai Z J J J J p m mow7t Cl J 7t/ N LL M O U M t m C)N 0 0 -Q. 0 U) Q � o 0 U w 0 0 ❑ L6 L6 N N N Uj N S C� o =' 0 m w m Z 0 o W C) J W U 0 U o w Z U .S1NIOd SOM 211 815 „ m U Z U °Urn (N Y V o Ltf �o O co N U�m ❑ qul';• Z Q 0 IM! 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W LL U) r } CD J 00 � = U_ WW O X D� Z U Q Q J NO ON wN9O O O ED r z O N Z Es 0� 0 ZN W LL U) r } CD J 00 � = U_ WW O X D� Z U Q Q J NO ON wN9O O O ED r O N 0 N Q N D. cD O 0 Z a o C5 z = Cf) z m O W o Z C) w O o d W N m QII ❑ o m w Q U w Cn N Uj N C� o =' m m wz C) D. CL 0 o w Z a C:) g o Poor 'IF ip iFFa N �c C a� c � to — _ � a z C9 Co _ _ H RSP r ;:,� .'i � . N 7 .` f=• PI rq A. A v3 Po y 1 !n U n. CL . Q. � '0 � I OFF rC 1 k, LI v2 l- `.' Y H d w' � IQ) ��+�IV -- ra C �S Ci JF of OFF OFF s,. c O a� S� Oct -- t 4y IF POP A N. 'L rn -- — + ^ G �V) r�POO 41. � { ��\3 f N :r /j v.2 O Z 7 j � Y cn� y, . N l I• CL y -GA,BLVO — :L "t CL .� 4PPOPPOO I OR IN. Z Y r J L" cl � y' N C9 i nr ai N, n17. c OFFv =JMPPOP Exhibit A Description of the Easement Tract Brazoria County D.H.M. HUNTER SURVEY, ABSTRACT NO. 76 Pearland, Texas STATE OF TEXAS COUNTY OF BRAZORIA 0.0202 Acre 10 Feet Wide Electrical Easement Being a 10 feet wide Electrical Easement, containing a 0.0202 acre (881 square feet) of land situated in the D.H.M. HUNTER Survey, Abstract No. 76, Brazoria County, Texas, being out of and part of a 3.661 acre tract of land conveyed to Brazoria County Municipal Utility District No. 23 by Special Warranty Deed recorded under Brazoria County Clerk's File Number (B.C.C.F.) 2006059181, subsequently platted as Restricted Reserve "A", of Block 1, Final Plat of The Lakes at Highland Glen Section Six, a subdivision plat of record under B.C.C.F. No. 2009022028, and being further described by metes and bounds as follows: (Bearings and coordinates are referenced to the Texas Coordinate System of 1983, South Central Zone No. 4204, grid coordinates are reference here on and may be converted to surface by applying the following combined scale factor of 0.99987387) COMMENCING for reference at a found 5/8" iron rod with cap stamped "All Points" (X:3,155,716.49, Y: 13,766,709.22), making the most southerly southeast corner of Lot 1, of said Block 1, same being the south end of a cut-back radius at the intersection of the west Right -of - Way (R.O.W.) line of said Yorkshire Creek Court, 50 feet wide, B.C.C.F No. 2009022028, with the north R.O.W. line of Summit Springs Lane, 50 feet wide, B.C.C.F No. 2009022028, same being a point of tangency; THENCE, South 61°07'59" West, departing R.O.W. of said Yorkshire Creek Court and continuing along the north Right -of -Way (R.O.W.) line of Summit Springs Lane 12.46 feet to a found 5/8" iron rod with caps stamped "All Points" marking a point of curvature of a curve to the left; THENCE; Westerly, an Arc length of 88.85 feet, along said curve to the left, having a radius of 275.00 feet, a central angle of 18°30'43", and a chord which bears South 6952'52" West, 88.47 feet to a found 5/8" iron rod with cap stamped "All Points" marking the southeast corner of the POINT OF BEGINNING (X:3,155,622.57, Y:13,776,672.86) and southeast corner of the herein described easement, same being a point of compound curvature; THENCE, Westerly, an Arc length of 10.61 feet continuing along said R.O.W. line and said curve to the left having a radius of 275.00 feet; a central angle of 02°12'41" and having a chord which bears South 80014'35" West, 10.61 feet, to a point for the corner southwest corner of the herein described easement; THENCE, North 29°19'56" West, departing said R.O.W., over and across Restricted Reserve "A" and aforesaid Lakes of Highland Glen tract a distance of 86.30 feet, to a point; for the northwest corner of the herein described easement; Page 1 of 2 IM13C01Engineering, LLC. Brazoria County D.H.M. HUNTER SURVEY, ABSTRACT NO. 76 Pearland, Texas THENCE, North 6040'04" East, continuing over and across said Lakes of Highland Glen tract, a distance of 10.00 feet to a point in the east line of said Restricted Reserve "A", same being in the west line of Lot 2 of the aforesaid Block 1 and being the northeast comer of the herein described easement; THENCE, South 29°19'56" East, 89.86 feet to the said POINT OF BEGINNING, and containing 0.0202 acres (881 square feet) of land. This description is based on exhibit prepared by MBCO Engineering, LLC. Dated July 13, 2020. Page 2 of 2 MBCO Engineering, LLC. NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. ELECTRICAL EASEMENT THE STATE OF TEXAS § COUNTY OF HARRIS § KNOW ALL MEN BY THESE PRESENTS: That BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 23, a political subdivision of the State of Texas (hereinafter referred to as "Grantor"), for and in consideration of the sum of TEN DOLLARS ($10.00) and for other good and valuable consideration paid by Grantee (defined below) to Grantor, the receipt and sufficiency of which is hereby acknowledged, has GRANTED, BARGAINED, SOLD and CONVEYED and, by these presents, does GRANT, BARGAIN, SELL and CONVEY unto CITY OF PEARLAND, TEXAS, a political subdivision of the State of Texas (hereinafter referred to as "Grantee"), its successors and assigns, a permanent easement and right-of-way (the "Easement") for the installation, maintenance, repair, modification, removal and operation of underground electrical lines, conduits and all related connections and appurtenances thereto (collectively, the "Facilities") across, along, under, upon and through that certain tract of property situated in the County of Brazoria, Texas, containing 0.0202 acre, as more particularly described in Exhibit "A" and shown on Exhibit "B", both of which are attached hereto and incorporated herein for any and all purposes (the "Easement Tract"). Grantee may install, maintain, repair, modify, remove and operate the Facilities across, along, under, upon and through the Easement Tract and may enter upon the Easement Tract to engage in all activities as may be necessary in connection therewith. In addition, Grantee, including its agents, employees and representatives performing work on behalf of Grantee for the purposes stated hereunder, shall have a right of ingress and egress to and from the Easement Tract in order to effectuate the purposes Page 1 of 6 Rev 1.0.2 for which the Easement is granted. Grantee will, at all times after doing any work in connection with the Easement, restore the surface of the Easement Tract as nearly as reasonably practicable to substantially its condition prior to the undertaking of such work. Grantor expressly reserves the right to fully use and enjoy the Easement Tract for any and all purposes, so long as Grantor's use and enjoyment thereof shall not unreasonably interfere with the rights herein granted to Grantee. This conveyance is subject to all easements, restrictions and reservations affecting the Easement Tract and appearing of record in the Official Public Records of Brazoria County, Texas which affect the Easement herein conveyed, to the extent the same are valid and subsisting and are enforceable against the Easement Tract or a political subdivision of the State of Texas (collectively, the "Permitted Encumbrances") TO HAVE AND HOLD said Easement, together with, all and singular, the rights and appurtenances thereto in anywise belonging unto Grantee, its successors and assigns, to be used for the purposes described hereunder, forever. Grantor does hereby bind itself and its successors and assigns TO WARRANT AND FOREVER DEFEND, all and singular, the Easement unto the Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof, subject to the Permitted Encumbrances. The covenants and agreements contained herein shall run with the land and shall inure to the benefit of and shall be binding upon Grantor and Grantee and their respective successors and assigns. This instrument shall be interpreted and construed in accordance with the laws of the State of Texas, without regard to conflict of laws, principles, and venue for any suit, action, or proceeding instituted in connection with any controversy arising out of this Page 2 of 6 Rev 1.0.2 instrument or the Easement shall be the state courts situated in Brazoria County, Texas. This instrument may be executed in multiple counterparts, each of which shall be deemed an original, and all of which, taken together, shall constitute one instrument. Grantee's address is 3519 Liberty Drive, Pearland, Texas 77581. [Signature pages follow this page] Page 3 of 6 Rev 1.0.2 EXECUTED by Grantor this day of , 2020. GRANTOR: BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 23, a political subdivision of the State of Texas By: Name: Title: ATTEST: By: Name: Title: ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me the _ day of , 2020, by , and of the Board of Directors of BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 23, a political subdivision of the State of Texas, on behalf of said political subdivision. (NOTARY SEAL) Notary Public, State of Texas Page 4 of 6 Rev 1.0.2 EXECUTED by Grantee on the date set forth in the acknowledgment below, but AGREED to, ACCEPTED, and EFFECTIVE as of the date executed by Grantor. GRANTEE: CITY OF PEARLAND, TEXAS, a political subdivision of the State of Texas By: ly4p.4-.- Name: Cla . Pe rs n Title: City Manag r ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF e& -de -4 cC § BEFORE ME, the undersigned Notary Public, on this day personally appeared Clay J. Pearson, City Manager of the CITY OF PEARLAND, TEXAS, a political subdivision of the State of Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. IVEN UNDER MY HAND AND SEAL OF OFFICE THIS ao2� DAY OF A.D., 2020. i�"Y ►�e., CRYSTAL N ROAPt Notary Public, State of Texas 8 • �/^[j� 't My Commission Expires January 28, 2024 NOTARY ID 1067222-1 Rev 1.0.2 NOTARY PUBLIC STATE OF TEXAS Printed Name: ?L�4(40i' My Commission Expires:/ - 2- • 2D, Page 5 of 6 Attachments: Exhibit A — Description of the Easement Tract Exhibit B — Sketch of the Easement Tract AFTER RECORDING RETURN TO: Darrin M. Coker, City Attorney City of Pearland 3519 Liberty Drive Pearland, TX 77581 �,.VI �y..yr.�:.,.: ..•��r•u�...a,,,w•�.. �w m--.. +gra .�••,r irR Page 6 of 6 Rev 1.0.2 IM HUN'T'ER RVEY, A-76 ORIA COUN'T'Y, TEXAS �P J L3 �i G QP �oSGP z t U I w s R95 LL J W z rhs m �\ CR - .INE TABLE I CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD BEARING CHORD DISTANCE C1 88.85' 275.00 018'30'43" S69'5752'W 88.47' C2 10.61' 275.00 1 002'1741' S80 -14-35-W 10.61' W LOT 2 G BLOCK O I� a FINAL PLAT OF I ?la -THE THE LAKES AT HIGHLAND GLEN \ J SECTION SIX NN �-=- (B.C.C.F. No. 2009022028) I F ® 3z 10' ELECTRICAL EASEMENT Cron 0.0202 ACRE o a (881 SQ. FT.) I LL No. 3; eP I in LOT 1 I g GESS I z a LL. W.I. FENCE Guess SEARING LENGTH NN �-=- 161.07159'W 12.46' ® P.O.B. EE IRRIGATION CONTROL TIMER FND FND 5/0" IR WC3 29'19'S6"W 86.30' No. ALL POINTS"(CM) eP POLE WITH RAIN GAUGE J � SMALL LIGHT POLE X:3,155,622.57 ;60'40'04"E 10.00' WATER METER Y:13,776,672.86 i29'19'56"E 89.86' WROUGHT IRON FENCE UTLr Y EASEMENT W.S.E. WATER AND SANITARY EASEMENT WCS )ATE REVISION WROUGHT IRON 15-2020 UPDATE OWNERSHIP INFORMATION I I,�, E +...1 FND 5/8" IR WCS %-ALL POINTS' / i0 0 LL 1 w W U Lu z° LU W LL IL � CJ Y 0 GRAPHIC SCALE 0 15 30 RK s 1 inch = 30 ft. SYMBOL LEGEND: NN BACK FLOW PREVENTER o-� CABLE MARKER ® ELECTRIC METER EE IRRIGATION CONTROL TIMER FND IRRIGATION CONTROL VALVE O FOUND IRON ROD/NAIL/"X' No. (SEE DESCRIPTION) eP POLE WITH RAIN GAUGE J � SMALL LIGHT POLE OD STORM MANHOLE +•M WATER METER — — WOOD FENCE —o WROUGHT IRON FENCE ABBREVIATIONS LEGEND: B.C.AD. BRAZORIA COUNTY CLERK'S FILE (CM) CONTROLLING MONUMENT CONC CONCRETE EE ELECTRICAL EASEMENT FND FOUND IR IRON ROD No. NUMBER SET IR SET 5/8' IR 3. All bearings shown hereon are based on the Texas State WITH CAP STAMPED 'MBCO ENG' SQ. FT. SQUARE FEET S/W SIDEWALK U. I- UTLr Y EASEMENT W.S.E. WATER AND SANITARY EASEMENT WCS WITH CAP STAMPED W.I. WROUGHT IRON -�� NOTES: ------- _ L1 P.O. C. 1. There exists a separate Metes and Bounds description of FND 5/8' IR WCS this easement. "ALL POINTS -(CM) X:3,155,716.49 Y:13,776.709.22 2. Comers have not been staked, unless noted otherwise. SUMMIT SPRINGS LANE 3. All bearings shown hereon are based on the Texas State Plane Coordinate System of 1983, South Central Zone No. (50 FEET WIDE) 4204. Coordinates referenced hereon are Grid and may be (B.C.C.F. No. 2009022028) converted to surface by applying the following scale factor of 0.99987387. IY: S.S. I SCALE: 1'= 30' 1 FB No. 196 1 3Y:G.M.1 DATE: 07-13-2020 1 PRJ. No. 5-0065-2002 AN EXHIBIT OF A 1505 Highway 6 South Suite 180 10' ELECTRICAL EASEMENT O Houston, Texas 77077 0.0202 ACRES881 SQ. FT.�v,. "" TBPE Reg. No. F16850 ( ) d. TBPLS Reg. No. 10194112 BRAZORIA COUNTY TEXAS ENoiN-Mw-Na Phone:281-760-1656 ' - a MuwveYING www.mbcoengineeHng.com VICINITY MAP Peat; and Gateway + S,uhdivision _ RepTat No 2 [ Pearland 1 Gateway [ The Lakes at Highland J Glen Sec 12 J wra Cockrell The Lakes wtary School at Highland 1` \ Glen Sec 3 ekes at tq Glen Sec,4oL� ?fl K LN - `u;:;tG y\Gti� �rwTLAKI�"- I -p Preserve at r The LakeHighland Lakes- s. at Highland `=; Glen Sec l Glen_ Sec 4 �r 7 0 ._ Alignmerl4 _ r 16 The L:�[ce , .a ighland t at Highland- Lakes Glen Sec:: " Glen Sec 6 Sec 2' ''Highland `' t Glen J C nter iPreserve at `_ i Highland The .Lalies 5l_ Amending Plat _ / Glen See 3 / at.Hlghland No2 Of Highland e Lakes Glen` Sec 5 Glen Center Centre at -atHighland Ki - 'R' IG�CIs Pearland Glen S ec l Te'' u^ _t Parkway J (Notes 1:6,000 Plats 1 inch = 500 feet Pavement 1 \-� "1_.'\ N- Thb isfw nbrtnabd purpmaa Edge o Pa4ement ,.� . _ RotlVct may not be P'W'd onlyard besAtbi.W-- orsurveynypurposes. Right of Way