R2005-0106 06-27-05 RESOLUTION NO. R2005-106
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS,AUTHORIZING THE EXCHANGE OF CERTAIN REAL PROPERTY
ASSOCIATED WITH THE KIRBY DRIVE EXTENSION PROJECT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest a deed for the exchange of certain real property, more
accurately described in Exhibits "A", "B", "C" and "D" attached hereto.
PASSED, APPROVED and ADOPTED this the 27th day of June , A.D.,
2005.
TOM REID
MAYOR
ATTEST:
Y NGL I ,
Y SE ETARY
APPROVED AS TO FORM:
CAA,. (s.,
DARRIN M. COKER
CITY ATTORNEY
EXHIBIT
t + ••
a
Record and Return to:
Robert Findley
Contract Land Staff
10701 Corporate, Dr., Suite 215
Stafford, TX 77477
DONATION SPECIAL WARRANTY DEED
STATE OF TEXAS §
COUNTY OF BRAZORIA §
Effective Date: ,4 h� c?S , 2005.
Grantor: `;CITY OF PEARL ®,A POLITICIAL SUBDIVISION OF THE STATE
�OF TEXAS
Grantor's Mailing Address:
City Attorney
Attn: Darrin M. Coker
3519 Liberty Drive
Pearland, Texas 77581
Grantee: VR hadow;'Creek'Ra ch Millag ,uL
a Texas limited partnership
Grantee's Mailing Address:
2121 Sage Road, Suite 290
Houston, TX 77056City of Pearland
Restrictions: Improvements constructed on the Property shall be used only for public
roads,rights of way and other purposes incidental thereto.
Property (including any improvements):
All that real property generally located in Brazoria County, Texas, and more particularly
described by metes and bounds set forth on Exhibit"A" and Exhibit"B" attached
hereto and made a part hereof, together with all rights and interests appurtenant thereto
("Land"), all improvements located on the Land("Improvements"), and all rights,titles
and interests appurtenant to the Land and Improvements (collectively, the "Property").
Reservations from and Exceptions to Conveyance and Warranty:
This conveyance is made subject to all easements,reservations, conditions,
covenants and restrictions as the same appear of record in the Office of the County Clerk
of Brazoria County, Texas aforesaid.
WHEREAS, Grantor owns the Property and desires to donate the Property to
Grantee.
NOW THEREFORE, Grantor, for and in consideration of Grantor's desire to
support the City of Pearland and Grantee's acceptance of title to the Property, GIVES,
GRANTS, and CONVEYS to Grantee the Property.
TO HAVE AND TO HOLD the Property, together with all and singular,the
rights and appurtenances thereto or in anywise belonging, unto Grantee and Grantee's
successors and assigns, forever: and Grantor does hereby bind Grantor and Grantor's
heirs/successors, legal representatives, administrators and assigns to WARRANT and
FOREVER DEFEND, all and singular,the Property to Grantee and Grantee's successors
and assigns, against every person whomsoever, lawfully claiming or to claim the same
BY THROUGH OR UNDER GRANTOR,BUT NOT OTHERWISE.
Grantor, as the fee simple owner of the Property, established the Restrictions as
covenants, conditions and restrictions. Grantor and his heirs, successors and assigns are
the only parties that have standing to enforce the Restrictions. The Restrictions may be
terminated or modified by written instrument signed by Grantor and Grantee, or their
respective heirs, successors or assigns, which instrument shall not be effective until it is
recorded in the Real Property Records of Brazoria County, Texas. If not terminated
sooner,the Restrictions will terminate on July 31, 2014.
Taxes for the year 2004 up to and including the date hereof have been paid by
Grantor.
As a material part of the consideration for this conveyance, Grantor and grantee
agree that Grantee is taking the Property"AS IS"with any and all latent and patent
defects and that there is no warranty by Grantor that the Property has a particular
financial value or is fit for a particular purpose. Grantee acknowledges and stipulates that
Grantee is not relying on any representation, statement, or other assertion with respect to
the condition of the Property but is relying on Grantee's examination of the Property.
Grantee takes the Property with the express understanding and stipulation that, except for
the limited warranty of title set forth in this deed, Grantor makes no express or implied
warranties.
EXECUTED on the date set forth in the acknowledgement line below, to be
effective for all purposes as of the Effective Date.
GRANTOR:
GRANTOR:
The City of Pearland, a political
Subdivision of the State of Texas
By: n
Name: /4G(--dt) v
'Title: arKek.,
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF BRAZORIA §
This instrument was acknowledged before me on the L day of
, 2005,by i4(I e H A C e_ , for the City of Pearland, a
political subdivision of the State of Teas.
�d'./.rl-�-/.o././�`�./.�Y�'��dtl✓111...� Notary Public
Y°6e� ROBEI �D. FINDLEY,JR.l� My commission expires
Q �. NOTARY PUBLIC,STATE OF TEXAS 1
1 g MY COMMISSION EXPIRES
�ti Nowis# NOV.24,2007
Revised March 30, 2005
December 13, 2004
Job No. 1545-2005-101
DESCRIPTION OF
0.799 ACRE (34,785 SQUARE FEET)
SHADOW CREEK RANCH
EXISTING KIRBY DRIVE TO BE ABANDONED
Being 0.799 acre (34,785 square feet) of land situated in the T.C.R.R. Co. Survey,
Section 3, Abstract 678, and the Obediah Pitts Survey, Abstract 717, City of Pearland, Brazoria
County, Texas, more particularly being a portion of Kirby Drive as shown on Shadow Creek
Rll.nch, Village One, Phase One-A, a plat of record in Volume 22, Pages 95 and 96, Plat
Records of Brazoria County, Texas (B.C.P.R.) and a portion of that certain called 3.31 acre tract
(described as Tract 1) conveyed to Shadow Creek Ranch Limited Partnership by instrument of
record under File No. 03-064997, Official Records of Brazoria County, Texas (B.C.O.R.); said
0.799 acre (34,785 square feet) being more particularly described by metes and bounds as
follows (all bearings referenced to the Texas State Plane Coordinate System, South Central
Zone, NAD27);
BEGINNING at the northwest corner of that certain called 27.160 acre tract conveyed to
CG-Shadow Creek Ranch Village, LP, by instrument of record under File Number 2005001557,
B.C.O.R., being in the centerline of Clear Creek and the common county line of said Harris
County and Brazoria County, Texas, being the northeast corner of Kirby Drive (100-foot width)
as shown on aforementioned Shadow Creek Ranch, Village One, Phase One-A;
Thence, leaving said centerline and said common county line, with the westerly line of
said 27.160 acres, South 11 °24' 01" East, at 484.95 feet pass a southeasterly corner of said
Kirby Drive, and continuing in all a total distance of 605.05 feet to a point for corner;
Thence, continuing with said westerly line, along the arc of a tangent curve to the left
having a radius of 1950.00 feet, at 21.31 feet pass a northeasterly corner of said Kirby Drive,
and continuing in all a total arc length of 65.41 feet, having a central angle of 01 °55' 19", and a
chord that bears South 12°21' 41" East, 65.41 feet to a point for corner;
Page 1 of 2
I:\Projdskl\SU RVEY\1545\2005\M&B\C18 SWAP N.doc
0.799 Acre
Revised March 30, 2005
December 13, 2004
Job No. 1545-2005-101
Thence, leaving said westerly line, 115.42 feet along the arc of a non-tangent curve to
the left having a radius of 1860.00 feet, a central angle of 03° 33' 19", and a chord that bears
North 23°17' 35" West, 115.40 feet to a point for corner, the beginning of a reverse curve;
Thence, 457.23 feet along the arc of a tangent curve to the right having a radius of
1740.00 feet, a central angle of 15° 03' 22", and a chord that bears North 17° 32' 34" West,
455.92 feet to a point for corner;
Thence, North 10° 00' 53" West, 115.62 feet to a point for corner, being on the
aforementioned common county line and centerline of Clear Creek;
Thence, with said common county line and centerline, North 87°59' 36" East, 69.60 feet
to the POINT OF BEGINNING and containing 0.799 acre (34,785 square feet) of land.
LJA Engineering & Surveying, Inc.
Page 2 of 2
I:\Projdskl\SURVEY\1545\2005\M&B\C18_SWAP_N.doc
CURVE TABLE ) ) z --
Curve Rodlus TonQent Chord Arc Delta Chord Bearing
I 1950.00' 32.71' 65.41' 65.41' 0I'55'19' 512'21'41'E Sco/e: /" - /00'-
2 1860.00' 57.73' 115.40' 115.42' 03'33'19' N23.17'35•W -
3 1740.00' 229.94' 455.92' 457.23' 15'03'22' N 17'32'34'w
LINE TABLEco
pSED RDW. CENTERLINE
, A PROP " MEANDERS OF
Line Beorinq Distance Ni, �K RANCH p` AND COUNTY LINE
I N87.59'36'E 69.60' 41 GHAp(jW CRE PHAgE ONE"
I`" J GE OE• 9-) 3 y6
IL VOt-• 22 P P.•R•
In a EXISTING RDWZ __ROADWAY AND FACILITIES , 8 y. 115b — -
LICENSE AGREEMENT '8I
FN.01-000787.B.CDR. i eclp -l P pSED RDw• ArDC NIOW53 _ —-I- -
o - ROP ACRE
RO •
PpSED R - ° 1 'EXIST'
C3 (34.785 �I
__P__- lti o I gY OW 4t34�5' <�,
—G RDW rH CI_ ING ICIR 5• EXISTING RDw. P.O.B. �= o �1
EX,S'(INCR��K P ON 6 A mSIr24'OrE — Nw COR. ^ c)0 1k%
��1PUD ENE. PH q5 CZ _ --- 27J60 AC. n a ''�o 1
I ING PG. - i m� I%
V `� 22. C P •R• la WATER AND z� bv,z
v(D . 8. IN RAW C I , SEWER ESMT• CG-SHADOW CREEK RANCH VILLAGE. LP �-'m �I
EXIST 1-- r I FN•Q1-028745 CALLED 27. 160 ACRES
w°a °'•
1 D.R.BT' F. N. 2005001557
0000i B.C.O. R.p-PSED uu- i
PRRpv
R O0 6 1m�0m I wo EXHIBIT OF
/ I�v1 ER E�a7 i z,_ . ci 0. 799 ACRE (34, 785 SQUARE FEET;
st" 01.0 °C " I `^ o� SHADOW CREEK RANCH
zw EXISTING KIRBY DRIVE
F e� °r2 Was a~ TO BE ABANDONED
o�zmo, I wJ
ccY"1-1—0.. l .... LOCATED IN THE
olaZ .° bb T. C. R. R. CO. SURVEY, SEC. 3, A-678
�coou m^"' 1 Nv AND THE OBEDIAH PITTS SURVEY, A-717
< •U ' >p� BRAZOR I A, COUNTY, TEXAS
cr�Q���> DECEMBER 2004 JOB NO. 1545 2005-101
NOTE: , LJA Engineering & Surveying, Inc. fJ4
2929 Briarpark Drive Phone 713.953.5200
I.All bearings referenced to the Texas State Suite 600 Fax 713.953.5026
Plane Coordinate System,South Central Zone (NAD27). REVISED MARCH 30, 2005 Houston,Texas 77042-3703
I.\Projdskl\SURVEY\1545\2005\CAD\clB•8wop•N.don
4-22-2005 12.03.15
Doc# 2005022813gi
EXHIBIT
Record and Return to:/
#
Robert Findley
Contract Land Staff
10701 Corporate,Dr.,Suite 215
Stafford,TX 77477
DONATION SPECIAL WARRANTY DEED
STATE OF TEXAS §
§
COUNTY OF BRA.ZORIA §
Effective Date: /4/D/`/6/o7S-- ,2005.
Grantor Shaciow`£Cieek` ancliag elop gem ii CompanS Limited Partnership,a
I�Yevada Efit ted:Partnership
Grantor's Mailing Address:
5195 Las Vegas Blvd. South
Las Vegas,Nevada 89119
Grantee: ' CITYf OF PEARLAND -A POLITICIAL SUBDIVISION OF THE STATE
OF-TEXAS _._ _..
Grantee's Mailing Address:
City of Pearland
City Attorney
Attn: Darrin M.Coker
3519 Liberty Drive
Pearland,Texas 77581
Restrictions: Improvements constructed on the Property shall be used only for public
roads,rights of way and other purposes incidental thereto.
Property(including any improvements):
All that real property generally located in Brazoria County,Texas,and more particularly
described by metes and bounds set forth on Exhibit"A" and Exhibit"B"attached
hereto and made a part hereof,together with all rights and interests appurtenant thereto,
including all of Grantor's right,title and interest in and to adjacent streets,alleys,rights-
of-way and adjacent strips or gores of real estate("Land"),all improvements located on
Kirby Parcel 5B with 10'water easement
the Land("Improvements"),and all rights,titles and interests appurtenant to the Land
and Improvements(collectively,the"Property").
A ten feet wide water line easement to run parallel and adjacent to the west boundary line
of the property conveyed herein and as depicted on Exhibit"B"attached hereto and
made a part hereof.
Reservations from and Exceptions to Conveyance and Warranty:
This conveyance is made subject to all easements,reservations,conditions,
covenants and restrictions as the same appear of record in the Office of the County Clerk
of Brazoria County,Texas aforesaid.
WHEREAS,Grantor owns the Property and desires to donate the Property to
Grantee. -
NOW THEREFORE,Grantor,for and in consideration of Grantor's desire to
support the City of Pearland and Grantee's acceptance of title to the Property,GIVES,
GRANTS,and CONVEYS to Grantee the Property.
TO HAVE AND TO HOLD the Property,together with all and singular,the
rights and appurtenances thereto or in anywise belonging,unto Grantee and Grantee's
successors and assigns,forever:and Grantor does hereby bind Grantor and Grantor's
heirs/successors,legal representatives,administrators and assigns to WARRANT and
FOREVER DEFEND,all and singular,the Property to Grantee and Grantee's successors
and assigns,against every person whomsoever,lawfully claiming or to claim the same
BY THROUGH OR UNDER GRANTOR,BUT NOT OTHERWISE.
Grantor,as the fee simple owner of the Property,established the Restrictions as
covenants,conditions and restrictions. Grantor and his heirs,successors and assigns are
the only parties that have standing to enforce the Restrictions. The Restrictions may be
terminated or modified by written instrument signed by Grantor and Grantee,or their
respective heirs,successors or assigns,which instrument shall not be effective until it is
recorded in the Real Property Records of Brazoria County,Texas. If not terminated
sooner,the Restrictions will terminate on July 31,2014.
Taxes for the year 2004 up to and including the date hereof have been paid by
Grantor.
As a material part of the consideration for this conveyance,Grantor and grantee
agree that Grantee is taking the Property"AS IS"with any and all latent and patent
defects and that there is no warranty by Grantor that the Property has a particular
financial value or is fit for a particular purpose. Grantee acknowledges and stipulates that
Grantee is not relying on any representation,statement,or other assertion with respect to
the condition of the Property but is relying on Grantee's examination of the Property.
Grantee takes the Property with the express understanding and stipulation that,except for
Kirby Parcel 5B with 10'water easement
•
the limited warranty of title set forth in this deed,Grantor makes no express or implied
warranties.
EXECUTED on the date set forth in the acknowledgement line below,to be
effective for all purposes as of the Effective Date.
GRANTOR:
Shadow Creek Ranch Development Company,Limited Partnership,
a Nevada L. ited Partnership
By: /7 L.
Name: ��•2 y lei- g'i\
Title: p 1 db/2 f
ACKNOWLEDGEMENT
STATE OF TeX,96 §
COUNTY OF 4-1-arris §
instniEept •as .ck : I m norial b3fore e on the /✓ day of ri I
2005,by I,til. �l•• kI,� ae�'- , or Shadow Creek Ranc ,
Development •mpany,Limited Partnership,a Nevada Limited Partnership.
,.o;g::>•.,, MEREDITH MILOT afifi
dthitAdk
Notary Public,State of Texas;� My Commission ExpiresNotary PublicI �/
;�o���;. March 28,2007 �I j A/
My commission expires / ll(/
Kirby Parcel 5B with 10'water easement
ACCEPTED BY:
The City of Pearland,a political
Subdivision of the State of T• as
By:
1/' 4,�
Name: Ai km L3'1Je
,
Title: 6 .
../ - i%i 1
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF BRAZORIA §
This instrume was acknowl dged before me on the of 5-day of "[' —
,2005;by ..y1 L C,LLQ ,for the City of Pearland,a
political subdivision of the State of Texas.
(1 , ��
`,,.0„„riP„,:;,u„. Notary Public
e cb`... co P•C My commission expires cf3 66
3 �.ylF OF\
'`F1 ,`, ``` •
Kirby Parcel 5B with 10'water easement
Exhibit "A"
Metes and Bounds Description
Kirby Drive Right-of-Way
Parcel No.5B
0.9505 Acres(41,404 Square Feet)
Obediah Pitts Survey,Abstract No.717
Brazoria County,Texas
Description of a 0.9505 acre(41,404 square feet)tract of land out of a called 3.932 acre
tract described in a deed to Shadow Creek Ranch Development Company Limited
Partnership as recorded under Brazoria County Clerk's File No. 02 007296, in the
Obediah Pitts Survey,Abstract No. 717,in Brazoria County,Texas,said 0.9505 acre tract
being more particularly described as follows (with bearings referenced to the Texas
Coordinate. System of 1983/1993, South Central Zone, NAD83. All coordinates and
distances shown are surface values and may be converted to grid by multiplying each
value by a combined scale factor of 0.999874333):
COMMENCING at a 5/8-inch iron rod with plastic cap stamped "SURVCON INC" set
on the westerly right-of-way line of Kirby Drive(100 feet wide) as recorded in Volume
122,Pages 95 &96 of the Brazoria County Plat Records at the point where said right-of-
way line intersects the northerly line of a called 3.31 acre tract described in a deed to
Shadow Creek Ranch Development Company Limited Partnership as recorded under
Brazoria County Clerk's File No. 03 064997, said point also marks the southeast corner
of a called 0.015 acre tract described in a deed to Shadow Creek Ranch Maintenance
Association as recorded under Brazoria County Clerk's File No. 03 013353
(X=3,112,809.77,Y= 13,778,006.84);
THENCE,South 86°40' 13"West,along the northerly line of said 3.31 acre tract and the
southerly line of said 0.015 acre tract, a distance of 10.10 feet to a 5/8-inch iron rod with
plastic cap stamped "SURVCON INC" set for the southwest corner of said 0.015 acre
tract and the southeast corner and POINT OF BEGINNING of this herein described tract
(X=3,112,799.68,Y=13,778,006.25);
THENCE, South 86° 40' 13" West, continuing along the northerly line of said 3.31 acre
tract,a distance of 55.59 feet to a 5/8-inch iron rod with plastic cap stamped"SURVCON
INC"set for the southwest corner of this tract,said point being in the arc of a non-tangent
curve to the right;
THENCE, northwesterly, 361.80 feet along the westerly line of this tract and along the
arc of said curve to the right (central angle= 11° 08'42";radius = 1,860.00 feet; chord
bearing and distance=North 15° 34' 21" West, 361.23 feet)to a 5/8-inch iron rod with
plastic cap stamped"SURVCON INC"set for a point of tangency;
Page 1 of 2
THENCE,North 10° 00'00"West,along the westerly line of this tract, at 74.37 feet pass
a 5/8-inch iron rod with plastic cap stamped "SURVCON INC" set for reference, and
continuing for a total distance of 134.37 feet to a point in the center line of Clear Creek
which marks the northwest corner of this herein described tract;
THENCE, North 85° 56' 56" East, along the center line meanders of Clear Creek, a
distance of 48.69 feet to an angle point;
THENCE, South 86° 57' 59" East, continuing along the center line meanders of said
Clear Creek, a distance of 41.17 feet to a point in the westerly right-of-way line of said
Kirby Drive which marks the northeast corner of this herein described tract;
THENCE, South 11° 23' 08" East, along the westerly right-of-way line of said Kirby
Drive and the easterly line of this tract,at 100.00 feet pass a 5/8-inch iron rod with plastic
cap stamped "SURVCON INC." set for reference, and continuing for a total distance of
421.23 feet to a 5/8-inch iron rod with plastic cap stamped"SURVCON INC" set for the
northeast corner of the said 0.015 acre tract;
THENCE, South 78° 36' 52" West, along the northerly line of said 0.015 acre tract, a
distance of 10.00 feet to a 5/8-inch iron rod with plastic cap stamped "SURVCON INC"
set for the northwest corner of said 0.015 acre tract;
THENCE, South 11° 23' 08" East, along the westerly line of said 0.015 acre tract, a
distance of 64.69 feet to the POINT OF BEGINNING and containing a computed area of
0.9505 acres(41,404 square feet)of land.
This description is based on a survey map dated August, 2004 and revised March 25,
2005. ••
OF x.
QG1STf9
. �
•
Prepared By: ▪ * °.
SURVCON INC. (, ROBERT W. TERRY
5757 Woodway,Suite 101 West4420
Houston,Texas 77057 '-%▪Aoc�sS10\4••Q !
Phone: 713-780-4123 �`4'D SUFI� sr
Job No.610287.0001 � `a �; '-
March 25,2005 //f J-zr-c)-
�Gr�
J:\610287.0001 Kirby Drive Revisions\Doc'ROW Parcel 05B Rev02.doc
Page 2 of 2
k • CURVE TABLE
s ALLISON-RICHEY'GULF COAST HOMES
SUBD. NO. ARC DELTA RADIUS CH. BEARING CH. DIST.
VOL. J, PG. 40 H C.M.R. Cl 361.80' 11'06'42" 1860.00' N 15'34•21" W 361.23'
Loin i LOT 12 LINE TABLE
o,I _ NO. BEARING DIST.
+ 1 LI S 86'40.13" W 10.I0'
;__--- -• ORMN>GEN 15TAAC L2 N 11'23 08• W 64.69' NOTES:
,, , NARNAS 2 j5 66t 0 CDUNIY Er.SE�HC R. L3 N 78'36'S2" E 10.00' 1, ALL BEARINGS ARE REFERENCED TO THE TEXAS
HARRIS NOIJAIO'DRAINAGE
IRINA E DISTRICT ,Arc„a4b �116.PFL 6LAa CRELx L5 S 86'4D'IL4 S D3" W 55,59' COORDINATE SYSTEM OF 1983/1993, SOUTH CENTRAL
VOL.1176.PG.659 HL.DR. LI ZONE. ALL COORDINATES AND DISTANCES SHOAN ARE
_ L6 N 10'OC1'00" W 134.37' SURFACE VALUES AND MAY BE CONVERTED TO GRID BY
HARRIS COUNTY :7!
LB 1 •• L7 N 85'S6'S6° E 46.69' MULOF O1999BNG EACH VALUE BY A COL91NE0 SCALD FACTOR
LLB S 86'S7'S9" E 4t.17'
33.
BRAZORIA COUNTY cam raa.
L9 S 78.36'52" W 10.00' 2. THE SURVEYOR WAS NOT FURNISHED WITH A CURRENT
L10 S 11'23'O8" E 64.69' TITLE REPORT ON THE SUBJECT PROPERTY. THEREFORE
8 ALL EASEMENTS OR OTHER ENCUMBRANCES OF RECORD MAY
WAR RA"'+ ' a I NOT BE SHO N. THE SURVEYOR HAS NOT PERFORMED ANY
IR SET roa Rcr[RV,¢ r La.SET rat acr[Rcna ADDITIONAL TITLE RESEARCH OR ABSTRACTING.
m
too Row. 3. ACCORDING TO FLOOD INSURANCE RATE MAP NO.
(Epsi1 48039C0010 I. LAST REVISED SEPTEMBER 22. 1999. THE
SUBJECT PROPERTY LIES WITHIN-ZONE AE, DEFINED AS
SPECIA,1 FLOOD.LBASEOFLOODZ ELEVD ATIONSEAS INUNDATED BY DETERMINED. 100-YEAR
r` 51 N 1 4. ALL PROPERTY CORNERS ON THE SUBJECT TRACT ARE SET
IA , ',CO 4.
5/8-INCH IRON ROOS WITH PLASTIC CAPS STAMPED
"SURVCON INC"UNLESS OTHERWISE INDICATED.
W,1 W0 CC-SHADOW CREEK RANCH 5. B.C.C.F. INDICATES BRAZORIA COUNTY CLERK'S FILE.
1 PARCEL 5B re, + a� VILLAGE. L.P.
SHADOW CREEK RANCH DEVELOPMENT r• \ so
CALLED 27.180 ACRES 6. B.C.P.R. INDICATES BRAZORIA COUNTY PLAT RECORDS.
L'4 COMPANY LIMITED PARTNERSHIP B..C.C.F. NO. 2005001557 7. vILE INDICATES WATER LINE EASEMENT.
CALLED 3 932 ACRES A. •
B.C.C.F. NO. 02 007296 8. SE INDICATES SEWER EASEMENT.
1J \4i
,C +o WATER LINE�; R'�01 1 s OO/r CREEK RANCH AAIIMD INCC ASSIX'u70N Q� I hereby certify that this survey was mode on the ground and
}1 EASEuENt ,.a&OSL GALLED O.DLS ACRES .✓ •� Y� ?E a completed in August, 2004, that this drawing accurately
W cIx \ &Cc.F.NO.OJ OyJJSl ig- ----3... ;ds['- professional
the Srvice substantially
at the time rl 5Ia th and tnol this
1 Q' - `p. i\ ess'onal service ubslonr a ly conforms to the current Texas
PARCEL 5A �,,,.i,,,,,•,•.•:,. Society of Professional Surveyors Standards and Specilicotions
L9�,T P 1� ROBERi .TERRY hx: for o Cotegoryte IB, Condition II Survey.
••
P.O.B.PARCEL SA q.�-,'J.•�' •.r ,�; -"� J.2�03�
P.O.C.PARCEL SB _ U;;-:::04; Robert W. Term
4.-
z. S.n2.B09.7) _— /y'+ •��,0 Registered Profess-ions' Land Surveyor No.•4420
r -11Ill Y.13.778.006°s it R,/5
L5 -. Revised: 01/13/05
OBEDIAH PITTS SURVEY A-717 • r 111mC1 \ Revised: 01/I5/05
T.C.R.R.CO. SURVEY SEC. 3 A-678 Li Revised: 02/25/05
P.O.B. PARCEL 5B SH4001P CHECK RANCH OLYRC.PAINT COMPANY
R. 3.112,799.6B', 10,02O PARTNERSHIP
Y.13,778,006.25`, CALLED J.JI ACRES
RESIDUE OF LOT !, ASK. 9 OF ,� ,\ 1` e.GC..NO.OJ 06,997 PARCELS NO, 5A & 5B
ALL/SON-RICHEY GULF COAST HOMES
SUED. SURVEY OF 0.0150 AC. (654 SQ.FT.) AND
VOL. 2. PG 99 B.C.P.R. \ i; 1 0.9505 AC. (41,404 SQ.FT.)
IN THE OBEDIAH PITTS SURVEY, A-717
CG-SHADOW CREEK RANCH CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS
WLLAGE. L.P.
RESTRICTED RESERVE "A" ` CALLED 17.1B0 ACRES SCALE: 1"=100� DATE: AUGUST, 2004
SHADOW CREEK P.ANCH A 1 B.C.CF. NO- 2005001557
C-19(COMMERCIAL SITE) \I 1
VOL. 122• PG. 375&376B.C.P.R. ID'ALE AND SE " SURVCON INC.
MC.C.F.N0.01 028748�'�` S. VILE AND SE
1. 9D'111. N0.DI C297A7 REVISED:O1-:3-CS RINSE AL�G\uENi AND
\ SPLIT INTO e4 PARCELS PROFESSIONAL SURVEYORS
REI1ISED:01-15-05 ADD 10' UTILITY EASEMENT 5757 WOOD11'AY
REVISED:02-25-05 CHANGE AREA OF 53 HOUSTON, TEXAS 77057
. PH. (713) 780-4123
WWW.survcon.com
1\610287,0001 Kirby Drive Revisans\Drall'mq\RDOI Pored Map 05 Reve12.dvg 3/25/2005 1751:14 PM CST
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Doc# 2005022811
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EXHIBIT
Record and Return to:
Robert Findley 0� ~
Contract Land Staff .0
10701 Corporate,Dr.,Suite 215
Stafford,TX 77477
DONATI6N SPECIAL WARRANTY DEED
STATE OF TEXAS §
§
COUNTY OF BRAZORIA §
•Effective Date: /4AP/f c is
/ ,2005.
Grantor: c'tCG g 007, 04TiAillaWgitl
i
a `exas hmi£ed ark'e`slup
Grantor's Mailing Address:
2121 Sage Roa , Suite 290
Houston,TX 7j056
Grantee: C TY-OF PE'PLAND,APOLITICIAL SUBDIVISION=OF THE STATE'
-OF TEXAS
Grantee's Mailing Address:
City of Pearlanc
City Attorney
Attn: Damn M Coker
3 519 Liberty Diive
Pearland,Texas 77581
Restrictions: Improvements !constructed on the Property shall be used only for public
roads,rights of way and other jurposes incidental thereto.
Property(including any impy�ovements):
All that real property generallyilocated in Brazoria County,Texas,and more particularly
described by metes and bounds set forth on Exhibit"A"and Exhibit"B"attached
hereto and made a part hereof,together with all rights and interests appurtenant thereto
("Land"),all improvements lc`cated on the Land("Improvements"),and all rights,titles
and interests appurtenant to th9 Land and Improvements(collectively,the"Property").
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Reservations from and Excetions to Conveyance and Warranty:
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This conveyance is made subject to all easements,reservations, conditions,
covenants and restrictions as the same appear of record in the Office of the County Clerk
of Brazoria County,Texas aforesaid.
WHEREAS,Grantor owns the Property and desires to donate the Property to
Grantee.
I
NOW 1'HLREFORE,Grantor,for and in consideration of Grantor's desire to
support the City of Pearland a ,d Grantee's acceptance of title to the Property, GIVES,
GRANTS,and CONVEYS to antee the Property.
TO HAVE AND TO OLD the Property,together with all and singular,the
rights and appurtenances there o or in anywise belonging,unto Grantee and Grantee's
successors and assigns,foreve and Grantor does hereby bind Grantor and Grantor's
heirs/successors,legal represe tatives,administrators and assigns to WARRANT and
FOREVER DEFEND, all and angular,the Property to Grantee and Grantee's successors
and assigns,against every per n whomsoever,lawfully claiming or to claim the same
BY THROUGH OR UNDER GRANTOR,BUT NOT OTHERWISE.
Grantor,as the fee sim le owner of the Property,established the Restrictions as
covenants,conditions and res 'ctions. Grantor and his heirs, successors and assigns are
the only parties that have stan ing to enforce the Restrictions. The Restrictions may be
terminated or modified by wri en instrument signed by Grantor and Grantee,or their
respective heirs, successors or assigns,which instrument shall not be effective until it is
recorded in the Real Property ecords of Brazoria County,Texas. If not terminated
sooner,the Restrictions will to minate on July 31,2014.
Taxes for the year 200 up to and including the date hereof have been paid by
Grantor.
As a material part of ttconsideration for this conveyance,Grantor and grantee
agree that Grantee is taking tProperty"AS IS"with any and all latent and patent
defects and that there is no wanty by Grantor that the Property has a particular
financial value or is fit for a icular purpose. Grantee acknowledges and stipulates that
Grantee is not relying on anyresentation, statement,or other assertion with respect to
the condition of the Property is relying on Grantee's examination of the Property.
Grantee takes the Property wthe express understanding and stipulation that, except for
the limited warranty of title sorth in this deed,Grantor makes no express or implied
warranties. I
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EXECUTED on the date set forth in the acknowledgement line below,to be
effective for all purposes as of he Effective Date.
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GRANTOR: j
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CG-Shadow Creek Ranch Village,L.P.,
a Texas limited partnership
By: ACTG,LLC,a Texas litiited liability
company,its sole gener partner
By: ,i���
Name: Tod M.Greenwood j
Title: Member
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ACKNOWLEDGEMENT
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STATE OF TEXAS I §
COUNTY OF HARRIS §
This instrument was ac owledged before me on the B day of ► eIrC1N
2005,by Tod M.greenwood, ember of ACTG,LLC,a Texas limited liability company,in
its capacity as general partner o.CG-Shadow Creek Ranch illage,L.P.,a Texas limited
partnership.
Notary Public
"-.`, HEIDI L.MACHANN i My commission expires 27"G'7
,L' �
t ��l MY COMMISSION EXPIRES
AUGUST 27,2007
p I
ACCEPTED BY:
The City ofPearland, a political
Subdivision of the State o Te,kas
��� � �
By:
Name: A (e-07) e;3 1)/6j�f
Title: Cu'Jf ,/%�/`7"r
'ACKNOWLEDGEMENT
STATE OF TEXAS §
•
COUNTY OF BRAZORIA I §
This instrument was aclhnowledged before me on the L day of inn(
2005,by A(l e.v- c LA.e ,for the City of Pearland,a
political subdivision of the Stat of Txas.
('Clll✓l!lllllllllll !!lam C^
ea"60, ROBERT D.FIN LEY,JR. Notary Public
a NOTARYMYCOMMI COMMISSION EPIIREs My commission expires
''eoF NOV,24, 007
�1JCR/II�✓Y!,�l./..�ll� llll�
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Doc# 2005022814
Re ,I�XHI�IT
Record and Return to:iRobert Findley a
Contract Land Staff a
10701 Corporate,Dr.,Suite 215
Stafford,TX 77477
DONATION SPECIAL WARRANTY DEED
STATE OF TEXAS §
§
COUNTY OF BRAZORIA §
/�/ ./
Effective Date: /� !'i o� co, ,2005.
Grantor 0hadowICA Rknc7t M is nt'en"ariW cs ssocTatroz a
a Texas nonprofit corporation
Grantor's Mailing Address:
Care of Planned Community Management Inc.
Attn: Linda Frey
15995 North Barker's Landing
Suite 162
Houston,TX 77079
Grantee: CITY OF PEARLAND,A POLITICIAL SUBDWISION OF THE STATE
OF TEXAS
Grantee's Mailing Address:
City of Pearland:1
Cit Attorn
Attn: Darrin M. Coker
3519 Liberty Drive
Pearland,Texas 77581
Restrictions: Improvements constructed on the Property shall be used only for public
roads,rights of way and other purposes incidental thereto.
Property(including any improvements):
All that real property generally located in Brazoria County,Texas,and more particularly
described by metes and bounds set forth on Exhibit"A" and Exhibit"B"attached
hereto and made a part hereof,together with all rights and interests appurtenant thereto,
Kirby Parcel 5A
including all of Grantor's right,title and interest in and to adjacent streets,alleys,rights-
of-way and adjacent strips or gores of real estate("Land"),all improvements located on
the Land("Improvements"),and all rights,titles and interests appurtenant to the Land
and Improvements(collectively,the"Property").
Reservations from and Exceptions to Conveyance and Warranty:
This conveyance is made subject to all easements,reservations,conditions,
covenants and restrictions as the same appear of record in the Office of the County Clerk
of Brazoria County,Texas aforesaid.
WHEREAS,Grantor owns the Property and desires to donate the Property to
Grantee.
NOW THEREFORE,Grantor,for and in consideration of Grantor's desire to
support the City of Pearland and Grantee's acceptance of title to the Property,GIVES,
GRANTS,and CONVEYS to Grantee the Property.
TO HAVE AND TO HOLD the Property,together with all and singular,the
rights and appurtenances thereto or in anywise belonging,unto Grantee and Grantee's
successors and assigns,forever: and Grantor does hereby bind Grantor and Grantor's
heirs/successors,legal representatives,administrators and assigns to WARRANT and
FOREVER DEFEND,all and singular,the Property to Grantee and Grantee's successors
and assigns,against every person whomsoever,lawfully claiming or to claim the same
BY THROUGH OR UNDER GRANTOR,BUT NOT OTHERWISE.
Grantor,as the fee simple owner of the Property,established the Restrictions as
covenants,conditions and restrictions. Grantor and his heirs,successors and assigns are
the only parties that have standing to enforce the Restrictions. The Restrictions may be
terminated or modified by written instrument signed by Grantor and Grantee,or their
respective heirs,successors or assigns,which instrument shall not be effective until it is
recorded in the Real Property Records of Brazoria County,Texas. If not terminated
sooner,the Restrictions will terminate on July 31,2014.
Taxes for the year 2004 up to and including the date hereof have been paid by
Grantor.
As a material part of the consideration for this conveyance,Grantor and grantee
agree that Grantee is taking the Property"AS IS"with any and all latent and patent
defects and that there is no warranty by Grantor that the Property has a particular
financial value or is fit for a particular purpose. Grantee acknowledges and stipulates that
Grantee is not relying on any representation,statement,or other assertion with respect to
the condition of the Property but is relying on Grantee's examination of the Property.
Grantee takes the Property with the express understanding and stipulation that,except for
the limited warranty of title set forth in this deed,Grantor makes no express or implied
warranties.
Kirby Parcel 5A
EXECUTED on the date set forth in the acknowledgement line below,to be
effective for all purposes as of the Effective Date.
GRANTOR:
Shadow Creek Ranch Maintenance Association,
a Texas nonprofit corporation
By: h/2 •
Name: �y kJ. vd�'\
Title: ?�St.
ACKNOWLEDGEMENT
STATE OF -re..4 OIS •
§
COUNTY OF I1 rriee §
This instrument wa§ack�pwledg.e�before me on the 15 day of rl
2005,by Awl/ vv. �K, e5 a ,for Shadow Creek Ranch
Maintenance sociation,a Texas nonprofit corporation.
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MEREDITH MILOT o Public /2 /tf7
s. Notary Public,State of Texas
�e My Commission Expires My commission expires ✓
1%, . March 28,2007
Kirby Parcel 5A
ACCEPTED BY:
The City of Pearland,a political
Subdivision of the State of Texas
By: L/�� l e-t,
Name: /4/en a,LL,
e
Title: a-i s A'bAriZ_,
ACKNOWLEDGEMENT
STATE OF TEXAS. §
COUNTY OF BRAZORIA §
This instrum t was acknowle ged before me on the a 5-day o
,2005,by 6t,t/iiy] IU-2_ ,for the City of Pearland,a
political subdivision of the State of exas.
ig;ZZ4('6..' 1-thig/e' k
Notary Public
My commission expires-/3 00
-...0\PRY aG•-�O
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Kirby Parcel 5A