R2001-0152 10-22-01RESOLUTION NO. R2001-152
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, ACCEPTING A SPECIAL WARRANTY DEED
FOR PROPERTY TO BE USED FOR THE CONSTRUCTION OF THE
FM 521 WATER PLANT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Special Warranty Deed to the City of Pearland, a
copy of which is attached hereto as Exhibit "A" and made a part hereof for all
purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to
execute and the City Secretary to attest any documents associated with the
acquisition of the property referenced by the Special Warranty Deed.
PASSED, APPROVED and ADOPTED this the 22
October , A.D., 2001.
TO
MAYOR
ATTEST:
INS.!J
ETARY
APPROVED AS TO FORM:
DARRIN M COKER
CITY ATTORNEY
day of
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THE STATE OF TEXAS '§
COUNTY OF BRAZORIA §
SPECIAL WARRANTY DEED
(WATER PLANT SITE)
KNOW EVERYONE BY THESE PRESENTS:
THAT Shadow Creek Ranch Development Company Limited Partnership, a Nevada
Limited partnership, hereinafter called "Grantor," for and in consideration of the sum of TEN
AND NO/100 DOLLARS ($10,00) cash to Grantor in hand paid by the City of Pearland, Texas
a municipal corporation and home rule city of the State of Texas, hereinafter called ` Grantee,"
the receipt and sufficiency of which is hereby acknowledged, has GRANTED SOLD, AND
CONVEYED and by these presents does GRANT, SELL AND CONVEY unto said Grantee, its
successors and assigns that certain tract of land, being more particularly described by metes and
bounds on Exhibit "A attached hereto and specifically incorporated herein and made a part
hereof for all purposes (the "Property").
THIS CONVEYANCE IS MADE BY GRANTOR AND ACCEPTED BY GRANTEE
subject to the terms, conditions and provisions hereof and further subject to all applicable
casements, conditions, restrictions, covenants, mineral or royalty interests, mineral reservations,
surface waivers liens, encumbrances, regulations or orders of municipal and/or other
governmental authonties, if any, or other matters of record, to the extent, but only to the extent,
They are validly existing and affect the Property.
TO HAVE AND TO HOLD the Property, together with all and singular the rights and
appurtenances thereto in anywise belonging unto Grantee, its successors and assigns, forever,
and Grantor does hereby bind itself, its successors and assigns, to warrant and forever defend, all
and singular the Property unto Grantee, its successors and assigns, against every person whom-
;oever lawfully claiming or to claim the same or any part thereof, BY, THROUGH, OR UNDER
GRANTOR, BUT NOT OTHERWISE, subject to the matters set forth herein.
[EXECUTION PAGES FOLLOW]
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EXECUTED this day of September, 2001,
STATE OF NEVADA
COUNTY OF CLARK
SHADOW CREEK RANCH DEVELOPMENT
COMPANY LIMITED PARTNERSHIP,
a Nevada limited partnership
By: SHADOW CREEK RANCH, INC.,
a Nevada corporation, its general partner
This instrument was acknowledged before me on the as day of September, 2001, by
Gary Cook, President of Shadow Creek Ranch, Inc., general partner of Shadow Creek Ranch
Development Company Limited Partnership, a Nevada limited partnership, on behalf of said
limited partnership.
(NOTARY SEAL)
KW.", fizz/Jett
Notary Public, State of Nevada
' rr Notary Public • Stale of Nevada i
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This Special Warranty Deed is agreed to and accepted this day of September,
2001.THE CITY OF PEARLAND, TEXAS
By:
ATTEST: City Manager
By:
City Secretary
(SEAL) APPROVED AS TO FORM:
By
City Attorney
STATE OF TEXAS
COUNTY OF BRAZORIA
This instrument was acknowledged before me on the day of September, 2001, by
Bill Eisen Young Lorfing and Darrin Coker, City Manager, City Secretary and City Attorney,
respectively, of the City of Pearland, Texas, a municipal corporation and a home -rule city
,ituated in the State of Texas, on behalf of such municipal corporation and city.
Notary Public, State of Texas
(NOTARY SEAL)
After recording, please return to: Vinson & Elkins L.L.P., 2300 First City Tower, 1001 Fannin
Street, Houston, Texas 77002-6760, Attention: Lynne B Humphries.
Houston 660699_I,DOC
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EXHIBIT A
DESCRIPTION OF
2.090 ACRES
PROPOSED SHADOW CREEK RANCH WATER
TREATMENT PLANT SITE
September 19, 2001
Job No. 1607-6201-006
Being 2.090 acres of land located in the H. Levering Survey, Abstract 279, Fort Bend County, Texas, more
particularly being a portion of that certain 60.9712 acre tract of land (described as Tract I) conveyed to Pearland
Investments Limited Partnership by instrument of record under File No, 1999028628, Official Public Records, Fort
Bend County, Texas (F,B.C.O,P,R.) and under File No. 99-015976, Official Records, Brazoria County, Texas
(B.C.O.R.), said 2.090 acres being more particularly described by metes and bounds as follows (all bearings
referenced to the Texas State Plane Coordinate System, South Central Zone);
COMMENCING for reference at a 1-1/2-inch iron pipe found marking the southwest corner of
aforementioned 60.9712 acres, being on the easterly right-of-way line of F.M. 521 (115 feet wide), also being on the
north line of the I.C. Stafford Survey, Abstract 668, Fort Bend County, Texas, and the south line of aforementioned
H. Levering Survey;
Thence, North 17' 27' 05" East, with said easterly right-of-way line of F,M. 521, 346.38 feet to the POINT
OF BEGINNING;
Thence, North 17° 27' 05" East, continuing with said easterly right-of-way line, 310.04 feet to a point for
comer;
Thence, North 55° 29' 45" East, leaving said easterly right-of-way line, 215.67 feet to a point for corner;
Thence, South 34° 26' 27" East, 115.49 feet to a point for corner,
Thence, South 16° 51' 23" West, 328.42 feet to a point for corner,
Thence, South 55° 33' 40" West, 99.76 feet to a point for corner;
Thence, North 73' 08' 37" West, 165.64 feet to the POINT OF BEGINNING and containing 2.090 acres of
land.
LJA Engineering and Surveying, Inc.
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September 26, 2001
Gary Cook
Shadow Creek Ranch
2947 Broadway
Suite 300
Pearland TX 77581
RE: 2.08 acre water plant site
Dear Gary:
This letter supplements my July 11, 2001, letter to you on this subject. Attached is an
appraisal for the property, which establishes the value at $12,500 per acre for a total offer of
$26,000. Referencing Section 5. I (g)(iv) of the September 13, 1999, Development
Agreement between the City of Pearland and Shadow Creek Ranch Development Company,
this value is slightly less than your purchase price plus accrued interest at 8%. Therefore, the
City offers $26,000 for the 2.08-acre parcel.
If this offer is acceptable, please respond at your earliest convenience. The City will prepare
the deed form for your approval and will also coordinate the closing with a local title
company. The City reserves the right to acquire this site via eminent domain, if necessary.
Please contact me if you have any questions.
Sincerely,
Alan R. Mueller
Deputy City Manager
C: Darrin Coker
3519 LIBERTY DRIVE • PEARLAND, TEXAS 77581-5416-19 • 281-652-1600 • www.ci.pearland.tx.us
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