Loading...
Ord. 2000M-0015 2006-08-28ORDINANCE NO. 2000M-15 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 REAL PROPERTY, LOCATION BEING 11.6443 ACRES OF LAND, BEING OUT OF LOT 38 AND 39, ALLISON- RICHEY GULF COAST HOME COMPANY SUBDIVISION, PART OF SUBURBAN GARDENS, SECTION 85, AS RECORDED IN VOLUME 2, PAGE 107, BRAZORIA COUNTY PLAT RECORDS, H. T. & B.R.R. COMPANY SURVEY, ABSTRACT 304, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE WEST SIDE OF MILLER RANCH ROAD (COUNTY ROAD 93), AND APPROXIMATELY 1,000 FEET NORTH OF FM 518 (BROADWAY STREET)), (ZONE CHANGE APPLICATION NO. 2006- 23Z), FROM SINGLE FAMILY RESIDENTIAL — 1 DISTRICT (R-1) TO PLANNED DEVELOPMENT DISTRICT (PD), AT THE REQUEST OF OSBORNE DEVELOPMENT, APPLICANT FOR TRINITY LEASING, LTD., OWNER, PROVIDING FOR AN AMENDMENT OF THE ZONING DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. WHEREAS, Osborne Development, applicant for Trinity Leasing, Ltd., owner, filed on May 22, 2006, an application for amendment to Ordinance No. 2000M, the Zoning Map of the City, for approval of a change in the zoning district, said property being legally described in the original applications for amendment attached hereto and made a part hereof for all purposes as Exhibit "A"; and WHEREAS, on the 19th day of June, 2006, 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 thereto and made a part hereof for all purposes, as Exhibit "B", said call and notice being in strict conformity with provisions of Section 1.2.2.2 of Ordinance No. 2000T; and WHEREAS, on the 8th day of August, 2006, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council ORDINANCE NO. 2000M-15 regarding the proposed amendment application by Osborne Development, applicant for Trinity Leasing, Ltd., owner, whereby the Commission recommended approval of the change of classification for the described property from its existing classification of Single Family Residential — 1 District (R-1) to Planned Development District (PD); and WHEREAS, upon receipt of the report from the Planning and Zoning Commission, the City Council considered this application and the recommendation of the Planning and Zoning Commission at a regular meeting on August 14, 2006; 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 Osborne Development, applicant for Trinity Leasing, Ltd., owner, 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 classified as Single Family Residential — 1 District (R-1) is hereby zoned to Planned Development District (PD), in accordance with all conditions and requirements listed in the Planned Development (PD) Document, also known as Exhibit "C" attached hereto and incorporated for all purposes, such property being more particularly described as: 11.6443 acres of land, being out of Lot 38 and 39, Allison -Richey Gulf Coast Home Company Subdivision, part of Suburban Gardens, Section 85, as recorded in Volume 2, Page 107, Brazoria County Plat Records, H. T. & B.R.R. Company Survey, Abstract 304, City of Pearland, Brazoria County, Texas (Generally Located on the West Side of Miller Ranch Road (County Road 93), and Approximately 1,000 Feet North of FM 518 (Broadway Street)) Page 2 of 4 Ord No 2000M-15 ORDINANCE NO. 2000M-15 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 and to the City Council 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. The City Secretary is hereby directed to cause to be prepared an amendment to the official Zoning District Map of the City, pursuant to the provisions of Section 2.3.2.2 of Ordinance No. 2000-T and consistent with the approval herein granted for the reclassification of the herein above described property. Section VII. This Ordinance shall become effective after its passage and approval on second and final reading. Page 3 of 4 Ord No 2000M-15 ORDINANCE NO. 2000M-15 PASSED, APPROVED, and ADOPTED on First Reading this 14th day of August, 2006. )011) TOM REID MAYOR ATTEST: PASSED, APPROVED, and ADOPTED on Second and Final Reading this 28th day of August, 2006. ATTEST: NG I Y SE ETARY APPROVED AS TO FORM: zi.4.4,:. k 64--- DARRIN M. COKER CITY ATTORNEY ,=,,,,, 2,,, TOM REID MAYOR Page 4 of 4 Ord No 2000M-15 APPLICATION FOR A CHANGE IN ZONING Please check one: Change in Zoning Classification from: Specific Use Permit Request for : City of Pearland Community Development 3523 Liberty Drive (Community Center) Pearland, Texas 77581 281-652-1768 281-652-1702 fax www.cityofpearland.com • R1 to: GC with PD overlay (list current zoning) (list proposed zoning) (list proposed use) Property lnformation: Miller Ranch Road (CR 93) 0304-0032-110; tinplatted 11.4 acres immediatelyr 0304-0032-150; north of Pearland Retail Fit,exAccountNo. n�04-003?-L40 Address: Allison Richey nulf Coast Block: sec, _ 85 Subdivision: Home Company Survey Lot: 38 & 39 Attach a copy of the metes and bounds description, survey, or legal description'* Current use of property (type of structures on property): Part of abandoned cement plant and Qvergrowth Future/proposed use of property and reason for zone change: Ski lied nursing facility and assisted living senior re,ci drAnti a1 faci PROPERTY OWNER INFORMATION: NAME Trinity L�astng Ltd ADDRESS 3724 Hays CITY Groves STATE TX ZIP 77619 PHONE( 409 ) 540-7684 FAx(832 ) 201 -01 50 APPLICANT INFORMATION: NAME Osborne Development ADDRESS 3417 East 54th Street CITY Texarkana STATE AR zip 71854 PHONE( 870 ) 774-8001 FAX( 870 ) 774-3939 E-MAIL ADDRESS KTa1or09` t.rr.com E-MAIL ADDRESS hwoods@osbornedev.com Y �q PETITION: As owner/agent, I hereby petition the City of Pearland for approval of the above described request as provided for by the laws of the State of Texas and ordinances of the City of Pearland. 1 certify to the best of my knowledge that this is a true description of the property upon which l have requested the above checked action. I understand that I am fully responsible for the correctness of the' legal description given. Owner's Signature: .gent's Signature: /4AAA1 Gc� OFFICE USE ONLY: FEES O O DATE RECEIVED PAID: � `rUU PAID: S 41 BY: ***APPLICATION IS CONSIDERED INCOMP, DESCRIPTION OR SURVEY A Date: Date: 512406 APPLICATION 2 NUMBER: 0 Q'(p WITHOUT A METES AND BOUNDS E APPLICATION FEE*** OLIVE MOUNT- - 0 zl HARDY 731 pl- - 1 SUBJECT PROPERTY II - I it (FM 518) T � � ��ld- 1 'S TiiMli t Om Z - V) 1 _T --a '- - -- - --( I 0 - _ _ - �NRY ICOASIT L�1 -------- 11 III III 1 III --I-_ BROADWAY ST73 ---- 1 v)i IA I CO It v LOCATION MAP N W±E Zone Change No. 2006-23Z 0 200 400 Feet Map Prepared on May 30, 2006 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 ` 3 / 20 ' No Date 20 No. Date 20 No. Date 20 No. Date 20 Subscribe and sworn to before me this Si day of 20_ Lii '`-'4 EMMONS Notary Public. Sate of Texas Commission. Expires 09-09.2006 aura nn Emmons, Publisher Notary Public, State of Texas LEGALS Texas (Generally Located pn the West Side of Miller Ranch Road (County Road 93), and Approximately 1,000 Feet North of FM 518 (Broadway Street) At said hearing all interest- ed parties shall have the right and opportunity to appear and be heard on the subject. '&Theresa Grahmann 6er1or Planner Published May 31, and June 7, 2006 NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS ZONE CHANGE NO. 2006.023Z Notice is hereby given that on June 19, 2006, 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 hearing in the Council Chambers of City Hall, located at 3519 Liberty Drive, Pearland, Texas, on the request of Osborne Development, applicant for Trinity Leasing, Ltd., owner, for an amendment to Ordinance No. 2000M, the Zoning Map of the City of Pearland, for approval of a change in zoning district from classification Single Family Residential — 1 District (R-1) to Planned Development District (PD), on the following described property, to wit: 11.6443 acres of land, being out of Lot 38 and 39, Allison -Richey Gulf Coast Home Company Subdivision, part of Suburban Gardens, Section 85, as recorded in Volume 2, Page 107, Brazoria County Plat Records, H. T. & B.R.R. Company Survey, Abstract 304, City of Pearland, Brazoria County, 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 6 " 7 20 No Date 20 No. Date 20 No Date 20 No. Date 20 Subscribe and 'sworn to before me this day of 20 900Z-60-60 seijdx3 uo#sswimoo semi to ems 'o!IQnd tieiON SNOWW3 NNV vim ura Ann Emmons, Publisher Notary Public, State of Texas ,woo& va32_ Published May 31, and June 7, 2006 NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS ZONE CHANGE NO. 2006-023Z Notice is hereby given that on June 19, 2006, at 6:30 p.m., the City Council and Planning and Zoning Commission of the City of Pearland, in Brazoria, Hams and Fort Bend Counties, Texas, will conduct a joint public hearing in the Council Chambers of City Hall, located at 3519 Liberty Drive, Pearland, Texas, on the request of Osborne Development, applicant for Trinity Leasing, Ltd., owner, for an amendment to Ordinance No. 2000M, the Zoning Map of the City of Pearland, for approval of a change in zoning district from classification Single Family Residential — 1 District (R-1) to Planned Development District (PD), on the following described property, to wit: 11.6443 acres of land, being out of Lot 38 and 39, Allison - Richey Gulf Coast Home Company Subdivision, part of Suburban Gardens, Section 85, as recorded in Volume 2, Page 107, Brazoria County Plat Records, H. T. & B.R.R. Company Survey, Abstract 304, City of Pearland, Brazoria County, Texas (Generally Located on the West Side of Miller Ranch Road (County Road 93), and Approximately 1,000 Feet North of FM 518 (Broadway Street) At said hearing all interested parties shall have the right and opportunity to appear and be heard on the subject. /s/ Theresa Grahmann Senior Planner Planning & Zofling Commission Recommendation Letter August 8, 2006 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re: Zone Change No. 2006-23Z, a request by Osborne Development, applicant for Trinity Leasing, Ltd., owner, for an amendment to Ordinance No. 2000M, the Zoning Map of the City of Pearland, for approval of a change in zoning district from classification Single Family Residential — 1 District (R-1) to Planned Development District (PD), Generally Located on the West Side of Miller Ranch Road (County Road 93), and Approximately 1,000 Feet North of FM 518 (Broadway Street) Honorable Mayor and City Council Members: At their regular meeting of August 7, 2006, the Planning and Zoning Commission considered the request for a change in zoning district from classification Single Family Residential — 1 District (R-1) to Planned Development District (PD), on the following property: Legal Description: General Location: 11.6443 acres of land, being out of Lot 38 and 39, Allison -Richey Gulf Coast Home Company Subdivision, part of Suburban Gardens, Section 85, as recorded in Volume 2, Page 107, Brazoria County Plat Records, H. T. & B.R.R. Company Survey, Abstract 304, City of Pearland, Brazoria County, Texas Generally Located on the West Side of Miller Ranch Road (County Road 93), and Approximately 1,000 Feet North of FM 518 (Broadway Street) Commission Member Kozo made a motion to recommend approval of the zone change request, which was seconded by Commission Member Sherrouse. The motion to approve passed 5 — 0. The zone change was recommended for approval by the Planning and Zoning Commission. Sincerely, Planning and Zoning Commission Agenda Request 23Z Page 3 of 3 1,4 49 'MUw Exhibit Ordinance No. 2000M-15 CITY OF PEARLAND REZONING APPLICATION 11.4 ACRES MILLER RANCH ROAD SKILLED NURSING FACILITY and ASSISTED LIVING RESIDENCE APPLICATION FOR A CHANGE IN ZONING Please check one. Change in Zoning Classification from. City of Pearland Community Development 3523 Liberty Drive (Community Center) Pearland, Texas 77581 281-652-1768 281-652-1702 fax www cityofpearland.com R1 to: GC with PD overlay (list current zoning) (list proposed zoning) ❑ Specific Use Permit Request for : (list proposed use) Property Information: Miller Ranch Road (CR 93) 0304-0032-110; Unplatted 11.4 acres immediate) 0304-0032-150; Address: north cf Pearland Retail Fit xAccount No 0304-0032-140 Allison Richey 'Cull Coast Subdivision: HnmP rompny irvRy Lot: 38 & 3 9 Block. -t . R9 Attach a copy of the metes and bounds description, survey, or legal description' Current use of property (type of structures on property)' Part of abandoned cement plant and overgrowth Future/proposed use of property and reason for zone change: Skilled nursing facility and assisted living senior reSiciPnti a 1 far'i1 i-ty PROPERTY OWNER INFORMATION. APPLICANT INFORMATION - NAME Trinity r.eacing 1'td _ NAME Osborne Development ADDRESS 3724 Hays ADDRESS 3417 East 54th Street CITY Groves STATE TX ZIP 77619 CITY Texarkana STATE AR Zip 71854 PHONE( 409 ) 540-7fR4 PHONE( 870 ) 774-R001 FAX( 870 ) 774-3939 E-MAIL ADDRESS KTaylor09®gt.rr.com E-MAIL ADDRESS hwoods@osbornedev.com FAX(832 ) 201-0150 PETITION: As owner/agent, I hereby petition the City of Pearland for approval of the above described request as provided for by the Jaws .of the State of Texas and ordinances of the City of Pearland. I certify to the best of my knowledge that this is a true description of the property upon which. I have requested the above checked action. I understand that I am fully responsible for the correctness of the legal description given. Owner's Signature. gent's Signature.CatilAke Date. U I. Date VZU/0.6 OFFICE USE ONLY FEES PAID* DATE RECEIVED APPLICATION PAID' BY NUMBER. ***APPLICATION 1S CONSIDERED INCOMPLETE WITHOUT A METES AND BOUNDS DESCRIPTION OR SURVEY AND THE APPLICATION FEE*** PD Zoning Request I Introduction A. Description of the Subject Property The property faces Miller Ranch Road and is the northernmost part of the abandoned cement plant. It is vacant except for a few concrete pilings and pads on the south and a green area of small cottonwood and scrub on the north It forms an irregular rectangle (see "site survey" exhibit) The property begins 950 feet from the north ROW of Broadway (F M 518) and resides 637 feet along Miller Ranch Road (the only bordering street) The natural gas pipe -line comprises the southern border, the detention facility for Pearland Retail Fitness forms the southwest corner, the west boundary follows the regional drainage canal, the northernmost boundary borders a private lake, and a single family residence comprises the northeast corner B Description of Proposed Development. We propose to build two senior residential facilities. The first phase will be a Skilled Nursing Facility and the second an Assisted Living Senior Residential Facility as per our proposed site plan (see exhibit) C Describe the area of land in acreage The total acreage is 11 64 acres. Of this approximately 3.8 acres offsets on the northwest corner This area will be used primarily for a detention facility It aligns with the planned detention facility for Pearland Retail Fitness on the south and the private lake on the north The balance is approximately 7 9 acres which will be utilized for our two construction projects. D Purpose and Intent of the PD district established therein Our single aim here is building these two senior residential facilities. We have no other purpose for this property Under General Commercial zoning both the Skilled Nursing and the Assisted Living Facilities are Permitted Uses. We request that every other classification of Permitted Use be excluded from our request. Everything from Primary Agricultural, Residential, Entertainment and Recreational, Auto related Service, Office uses, Personal and Business Service Uses, all of the other Permitted uses within Institutional and Governmental uses other than our two categories, Utility, Commercial, Industrial and Related Uses be excluded from this PD Zoning request. In summary, all we want is permission to build these two specific Permitted uses under General Commercial These buildings will be homes for seniors and residential in essence This meets a particular need in the Pearland area which the State of Texas recognized in issuing Osborne Development the waiver to develop the Skilled Nursing Facility This building, in conjunction with the Assisted Living Residential Facility, will offer the most up-to-date care for the needs of the areas' seniors. The PD district applied to this property will serve as an excellent transition from the retail/commercial at Broadway (e g. Home Depot, Pearland Retail Fitness, and the proposed Hotel) to the residential area to the north II Zoning and Land Use A. Describe the existing zoning districts and the boundaries of said districts. Currently the property in question as well as two contiguous parcels to the north are zoned R-1 Property west and across the drainage canal is zoned R-3 as well as the property across Miller Ranch Road to the east. Immediately to the south the single approximately 2 acre parcel is zoned R-1 with General Business covering the corner of Broadway and Miller Ranch Road B Describe the base zoning district(s) to be overlaid, together with the boundaries of the district(s), and describe the areas in acreage of each different district. Our request is that our total acreage be zoned General Commercial with a Planned Development district overlay eliminating all Permitted uses except the Skilled Nursing Facility and the Assisted Living Facility Land Use Summary Use Acres Percentage of Total Acres Zoning District Landscape and Open Space 5.98 51 GC Detention 1 44 12 GC Thoroughfares/ROW 0 44 4 GC InternalStreetsNehicular Circulation and parking 1 88 16 GC Buildings 1 9 16 GC Variations from the table above will be limited to possible modifications in building layout normal during the planning phase of development. This final planning will follow this zoning application Final designs will only be set when we know if this is the site for the project or if we are forced by this application's failure to locate another Still, the Design Plan seen in the exhibits is our current and best idea of this project. It will not vary far from this plan The landscape will be designed toward the beginning of the construction phase and installed by a landscape designer near the completion Detention will be modified as the engineer completes his segment of the planning. He stated that at this point he always estimates more detention than may be necessary It's better to suggest the worst and then give back than to try to take more toward final design III Design standards applicable to the development. A. Screening for Residential property We will build a screen between our property and the home immediately north along Miller Ranch Road This will be a fence 6 feet tall according to the UDC and along the border of the properties. B Parking, signage, and fire lanes will be according to the UDC C All requirements of the Unified Development Code will be met, unless specifically mentioned in this Planned Development. IV Required dedications of land or public improvements There will be some Miller Ranch Road frontage dedicated to the completion of the street Right -of -Way At the point of this application, it is unclear whether that consists of 25 feet or 35 feet. Our plan allows for either as necessary V Phasing schedule for the project Upon approval of this rezoning request, we will submit plans for platting and permitting the construction of the Skilled Nursing Facility (SNF) This building is the First Phase of the project. The SNF is possible because of a state of Texas waiver which holds a time -limit of completion. We must complete this project within the next 12 months or lose the waiver Once this project is built, in operation, and reaches a point of operational viability, we will begin Phase Two, the Assisted Living Senior Residential Facility This will be during 2007 The Right -of -Way dedication can be accomplished as early as this fall or per the City of Pearland's necessities. 2704V0*0103 01-►VF MOUNT 2601 2602 012603 2604 O 2605 2606 2607 2608 23 2609 2610 0 -122609 2702 042703 2704 M;2705 10105 A 2705 07 2708 2707 0 2705 2710 LAMB BROCK 10110101061010410102 10108_ HARLEY l • • Current Zoning wN OINE MOUNT A O LAMS BR OCK ! RJ 0 r rm Projects De - GIS Div - 2005 k GG R •1 R •1 C IN i n 0 R •1 or liiillul ' SUMMER OREEZEOR MI MeV I. RJ � 11111111 SUNNYCOAST LN Current Zoning .d... a9s� I SyttOINCS pi warm • VILIM .412 VICINITY MAP LEGEND ALTA/ACSM LAND DILE SURVEY 11.6443 ACRES GOR1f0115 OG 1.O15 36 ANO 39 AWSON-RICHEY GULF COAST NONE COMPANY SUBDIVISION par Cr SUBURBAN GA95045 SECT., 65 ABSTRACT NO, 304 cut CIVIL-SURV -"Ili lei. METES AND BOUNDS DESCRIPTION OF 11.6443 ACRE H T. & B R.R CO SURVEY ABSTRACT NO 304 BRAZORIA COUNTY, TEXAS A PARCEL OF LAND CONTAINING 11 6443 ACRES (507,226 SQUARE FEET) MORE OR LESS BEING OUT OF LOT 38 AND 39, AWSON-RICHEY GULF COAST HOME COMPANY SUBDIVISION, PART OF SUBURBAN GARDENS, SECTION 85, AS RECORDED IN VOLUME 2, PAGE 107, BRAZORIA COUNTY PLAT RECORDS, AND BEING THAT CERTAIN TRACT (EXHIBIT "B"), CONVEYED FROM KIMBERLY G DURRETT TO TRINITY LEASING, LTD., AS RECORDED IN FILE NO 02-006470, OFFICIAL RECORDS, BRAZORIA COUNTY TEXAS, 0 R.B.0 T , ALSO BEING THAT CERTAIN 7 3469 ACRE TRACT 1, CONVEYED FROM KIMBERLY G DURRETT TO TRINITY LEASING, LTD, AS RECORDED IN FILE NO 02 006471, 0 R B C T , AND ALSO BEING THAT CERTAIN 2 4277 ACRE TRACT 2, AS RECORDED IN SAID FILE NO 02-006471, SAID 11 6443 ACRE TRACT BEING SITUATED IN THE H T & B. R R CO SURVEY ABSTRACT NO. 304, IN BRAZORIA COUNTY TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS COMMENCING, AT A FOUND 5/8 INCH IRON ROD WITH CAP STAMPED HOVIS SURVEYING 144 IN THE WEST UNE OF MILLER RANCH ROAD -COUNTY ROAD 93, RIGHT-OF-WAY VARIES, ,,� SAME BEING IN THE SOUTH UNE OF THAT CERTAIN 1 995 ACRE TRACT, CONVEYED FROM TRINITY LEASING, LTD , TO J C PATEL, AS RECORDED IN FILE NO 2005018025, 0 R B C T , FOR THE MOST NORTHERLY NORTHEAST CORNER OF THAT CERTAIN 9 770 ACRE TRACT 1, CONVEYED FROM WC PROPERTIES, LTD TO PEARLAND FITNESS PARTNERS, LTD , AS RECORDED IN FILE NO 2005024552, O.R B C T , SAME BEING THE MOST EASTERLY NORTHEAST CORNER OF THE FINAL PLAT OF PEARLAND RETAIL FITNESS CENTER, AS RECORDED IN FILE NO 2006023385, O.R.B C T, THENCE, S 89' 52' 30" W. WITH THE SAID SOUTH UNE OF THE 1 995 ACRE PATEL TRACT, SAME BEING THE MOST NORTHERLY UNE OF THE SAID 9 770 ACRE TRACT 1, AND THE MOST EASTERLY NORTH UNE OF SAID PEARLAND RETAIL FITNESS CENTER, AT A DISTANCE OF 489 56 FEET, PASS A FOUND 5/8 INCH IRON ROD WITH CAP STAMPED HOVIS SURVEYING, FOR THE MOST EASTERLY NORTHEAST CORNER OF THAT CERTAIN 8 568 ACRE TRACT 2, RECORDED IN SAID FILE NO 2005024552, SAME BEING THE NORTHWEST CORNER OF THE SAID 9 770 ACRE TRACT 1, AND WITH THE MOST EASTERLY NORTH UNE OF THE SAID 8 568 ACRE TRACT 2, A TOTAL DISTANCE OF 542.25 FEET, TO A FOUND 5/8 INCH IRON ROD WITH CAP STAMPED CIVIL-SURV, FOR THE SOUTHWEST CORNER OF THE SAID 1 995 ACRE PATEL TRACT, SAME BEING AN INTERIOR CORNER OF THE SAID 8 568 ACRE TRACT 2, AND AN INTERIOR CORNER OF SAID PEARLAND RETAIL FITNESS CENTER, L THENCE, N 00 04' 24" E. WITH THE WEST UNE OF THE SAID 1 995 ACRE PATEL TRACT, SAME BEING THE MOST NORTHERLY EAST UNE OF THE SAID 8.568 ACRE TRACT 2, AND THE MOST NORTHERLY EAST UNE OF SAID PEARLAND RETAIL FITNESS CENTER, A DISTANCE OF 149 59 FEET, TO A SET 5/8 INCH IRON ROD WITH CAP STAMPED CIVIL- SURV, FOR THE NORTHWEST CORNER OF THE SAID 1.995 ACRE PATEL TRACT, SAME BEING THE SOUTHWEST CORNER OF SAID (EXHIBIT "B"), AND THE POINT OF BEGINNING, THENCE, N 00' 04' 24 E, WITH THE SAID MOST NORTHERLY EAST UNE OF THE SAID 8 568 ACRE TRACT 2, AND THE SAID MOST NORTHERLY EAST UNE OF SAID PEARLAND RETAIL FITNESS CENTER, SAME BEING THE WEST UNE OF SAID (EXHIBIT "B"), AT A DISTANCE OF 150 00 FEET, PASS THE SOUTHWEST CORNER OF THE SAID 2 4277 ACRE TRACT 2, SAME BEING THE NORTHWEST CORNER OF SAID (EXHIBIT "B"), FROM WHICH A FOUND 5/8 INCH IRON ROD, BEARS, N 07' 05' 15" W, 1 15 FEET, AND WITH THE WEST LINE OF THE SAID 2.4277 ACRE TRACT 2, A TOTAL DISTANCE OF 345 00 FEET, TO A FOUND 5/8 INCH IRON ROD WITH CAP STAMPED CIVIL-SURV, FOR THE MOST SOUTHERLY SOUTHWEST CORNER OF THE SAID 7 3469 ACRE TRACT 1, SAME BEING THE NORTHWEST CORNER OF THE SAID 2 4277 ACRE TRACT 2, THENCE. N 00' 00' 19" E, WITH THE SAID MOST NORTHERLY EAST UNE OF THE SAID 8 568 ACRE TRACT 2, AND THE SAID MOST NORTHERLY EAST UNE OF SAID PEARLAND RETAIL FITNESS CENTER, SAME BEING THE MOST SOUTHERLY WEST UNE OF THE SAID 7 3469 ACRE TRACT 1, A DISTANCE OF 9219 FEET, TO A FOUND 1 INCH IRON PIPE, FOR THE MOST NORTHERLY NORTHEAST CORNER OF THE SAID 8 568 ACRE TRACT 2, AND THE MOST NORTHERLY NORTHEAST CORNER OF SAID PEARLAND RETAIL '- FITNESS CENTER, SAME BEING AN INTERIOR CORNER OF THE SAID 7 3469 ACRE TRACT 1, THENCE, S 89' 56' 22" W, WITH NE MOST NORTHERLY LINE OF THE SAID 8.568 ACRE TRACT 2, AND THE MOST NORTHERLY UNE OF SAID PEARLAND RETAIL FITNESS CENTER SAME BEING THE MOST WESTERLY SOUTH UNE OF THE SAID 7.3469 ACRE TRACT 1, A DISTANCE OF 299 20 FEET TO A FOUND 5/8 INCH IRON ROD WITH CAP STAMPED CIVIL-SURV, IN NE EAST LINE OF RESERVE "F", AUTUMN LAKE, SECTION THREE, AS RECORDED IN VOLUME 24, PAGE 19, BRAZORIA COUNTY PLAT RECORDS, FOR THE NORTHWEST CORNER OF THE SAID 8 568 ACRE TRACT 2, AND THE NORTHWEST CORNER OF SAID PEARLAND RETAIL FITNESS CENTER, AND THE MOST WESTERLY SOUTHWEST CORNER OF THE SAID 7 3469 ACRE TRACT 1; ITE 37 ,o ,.a THENCE, N 00 04' 25" W, WITH THE SAID EAST UNE OF RESERVE "F", SAME BEING THE WEST LINE OF THE SAID 7.3469 ACRE TRACT 1, A DISTANCE OF 402 76 FEET, TO A FOUND 2 INCH IRON PIPE, FOR THE SOUTHWEST CORNER OF THAT CERTAIN 10 0000 ACRE TRACT, CONVEYED FROM THE VETERANS LAND BOARD OF TEXAS TO DOUGLAS RAY COLTON, AS RECORDED IN VOLUME (91) 969 PAGE 657, O.R B C T, SAME BEING THE NORTHWEST CORNER OF THE SAID 7 3469 ACRE TRACT 1, THENCE, S 89 56' 48" E, WITH THE SOUTH UNE OF THE SAID 10 0000 ACRE TRACT, SAME BEING THE MOST WESTERLY NORTH LINE OF THE SAID 7 3469 ACRE TRACT 1, A DISTANCE OF 443 80 FEET, TO A FOUND 2 INCH IRON PIPE, FOR THE NORTHWEST CORNER OF THAT CERTAIN 1 8623 ACRE TRACT, CONVEYED FROM SUSAN J SIMLER TO YAN WU AND SHIJIA YAN, WIFE AND HUSBAND, AS RECORDED IN FILE NO. 02- 054603, 0 R.B C T, SAME BEING THE MOST NORTHERLY NORTHEAST CORNER OF THE SAID 7 3469 ACRE TRACT 1, FROM WHICH A FOUND 2 INCH IRON PIPE IN THE SAID WEST LINE OF MILLER RANCH ROAD -COUNTY ROAD 93, FOR THE SOUTHEAST CORNER OF THAT CERTAIN 2 0000 ACRE TRACT, CONVEYED FROM DOUGLAS RAY COLTON TO BARBARA ANN COLTON, AS RECORDED IN FILE NO 95-034843, 0 R B C T , SAME BEING THE NORTHEAST CORNER OF THE SAID 1 8623 ACRE TRACT, BEARS, N 89' 56' 48" E, 405 60 FEET, THENCE, S 00' 00' 52" W, WITH THE WEST UNE OF THE SAID 1.8623 ACRE TRACT, SAME 'BEING THE MOST NORTHERLY EAST UNE OF THE SAID 7.3469 ACRE TRACT 1, A DISTANCE OF 200 00 FEET, TO A FOUND 1 INCH IRON PIPE, FOR NE SOUTHWEST CORNER OF THE SAID 1 8623 ACRE TRACT, SAME BEING AN INTERIOR CORNER OF THE SAID 7 3469 ACRE TRACT 1, THENCE, S 89' 56' 48" E, WITH THE SOUTH UNE OF THE SAID 1 8623 ACRE TRACT, SAME BEING THE MOST EASTERLY NORTH UNE OF THE SAID 7 3469 ACRE TRACT 1, AT A DISTANCE OF 406 36 FEET, PASS A FOUND 1 INCH IRON PIPE, FOR THE SOUTHEAST CORNER OF THE SAID 1 8623 ACRE TRACT, AND A TOTAL DISTANCE OF 437 76 FEET TO A POINT, IN SAID MILLER RANCH ROAD -COUNTY ROAD 93, FOR THE MOST EASTERLY NORTHEAST CORNER OF THE SAID 7 3469 ACRE TRACT 1, THENCE, S 00 05' 52" E, WITH THE EAST UNE OF THE SAID 7 3469 ACRE TRACT 1, A DISTANCE OF 292.54 FEET, TO A POINT IN SAID MILLER RANCH ROAD -COUNTY ROAD 93, FOR THE SOUTHEAST CORNER OF THE SAID 7 3469 ACRE TRACT 1, THENCE, S 89 52' 30" W, WITH THE SOUTH UNE OF THE SAID 7 3469 ACRE TRACT 1, A DISTANCE OF 40.00 FEET, TO A SET 5/8 INCH IRON ROD WITH CAP STAMPED CIVIL- SURV, IN THE SAID WEST UNE OF MILLER RANCH ROAD -COUNTY ROAD 93, FOR THE NORTHEAST CORNER OF THE SAID 2 4277 ACRE TRACT 2, THENCE, S 00' 04' 24" W, WITH THE SAID WEST UNE OF MILLER RANCH ROAD -COUNTY ROAD 93, SAME BEING 'THE EAST UNE OF THE SAID 2.4277 ACRE TRACT 2, AT A DISTANCE OF 195 00 FEET, PASS THE NORTHEAST CORNER OF SAID (EXHIBIT "B"), SAME BEING THE SOUTHEAST CORNER OF THE SAID 2.4277 ACRE TRACT 2, AND WITH THE EAST UNE OF SAID (EXHIBIT "B"), A TOTAL DISTANCE OF 345 00 FEET, TO A SET 5/8 INCH IRON ROD WITH CAP STAMPED CIVIL-SURV, IN THE NORTH UNE OF THE SAID 1.995 ACRE PATEL TRACT, FOR THE SOUTHEAST CORNER OF SAID (EXHIBIT "B"), THENCE, S 89' 52' 30" W, WITH THE SAID NORTH LINE OF THE 1 995 ACRE PATEL TRACT, SAME BEING THE SOUTH UNE OF SAID (EXHIBIT "B"), A DISTANCE OF 542 30 FEET, TO THE POINT OF BEGINNING AND CONTAINING 11.6443 ACRES (507,226 SQUARE FEET) OF LAND MORE OR LESS pn©Pi N PRELIMINARY, NOT FOR CONSTRUCTION, BIDDINIG OR PERMITTING 443.67' 1.4 csi O • LOT 38 LOT 39 PEA.R,LAND SCREENINC/FENCIND 434.98' Iliiiiiiillf�'®'ii.�•iiiiiiilii 11M I r' u u ..:__._Ii!III!IIIIIII1111111111111111111111l1 FULLY 1L0T 39 FULLY LANDSCAPED LANDSCAPED . EA H111111111 �IIIll1I1111!!IIll1IIIIIIIIL HOUSTON PIPE UNE AS STAKED BY PIPELINE COMPANY L PROPOSED 30' WIDE HOUSTON PIPE UNE CO. PIPELINE EASEMENT J�.PH-1EJ FIRE LANE FIRE LANE FIRE LANE PARKING: 84 PROVIDED RESIDENTS 120/2 = 60 SPACES STAFF 70/2 - 35 SPACES REQUIRED: 70 SPACES A Mite IMMO 0e-a ma w neo OMR C1 lEILIEdaTOo{ flu RR Rim RR EQoaU IELIEdaTIoa NEW' EILIEdL1i ©E L0M [ELIEV I1UOK \ ia© (30C) El IN Vim IN 1111 L=X© IEL IWL=J LJ UOL1V IJIJ L1 l@ LI CDC) AIM 1 111© wa11, any 5a0 ao©a B 0 [ G3OC�4 IELIEW4OOGv 'EOM 200 1® WI MI L gE I LIEWLa40O I WO[v @ 00 7i® 1:31gn LEE V LYEOK l'lll UKI2 LSO© 0 IN 0 0 FI ©E { LJ ME V L:M OH Ul'J 1M2 00® 1 PRELIMINARY, NOT FOR CONSTRUCTION, BIDDINIG OR PERMITTING CanSUI 0gIIi Ma AO MRS 00- 1 0 00; 10 e Nga ... G• �Du Gp. ti0 r �' L/ 1;c• IVIL- 0 0 0 0 C'q z z FNO 2" I.P. hL.13.769,435.662 E 3,120 343.189 / / FND. 5/8" I.R. N 13,769,033.679 E 3,120,367.372 ARV LAND SURVEYING, L.C. 4710 BELLAIRE BOULEVARD, SUfir 250 BELLA/RE, TEXAS 77401 PHONE(713) 639-8900 /04X (713) 839--9020 CS 06054 Rp� Qp 9• 'C. � p\, C). S 89'56'48" E 443.80' 360.00' 3 G 0• RECREATION, DETENTION POND, I Se DRAINAGE EASEMENT' 299.20' S 89 6'22* W 299.20' 60.80' FND. 1" I.P.T-' N 13,769,051.575 E 3,120,665.998 0.2060 ACRE 30' HOUSTON PIPE UNE CO, ESMT. ALE NO. 2004023715 0.R., B.C.T. aggqq!� l✓8 N e o o z N 00`44'24" E 345.00' 3,96 P.O.B. SET 5/8" I.R. N 13,768,615.169 E 3,120,691,237 ,69'6-17 4 3 „i Z,j0.00 N 14' U.E. & A.E. 0 0 0 0 FND. 2" I.P. N 13,769,461.327 E 3,120,786.189 83.80' FND. 1" I.P. N 13,769,261.695 E 3,120,797.890 �5s.50 59 00- 1' T 0.2687 ACRE 11,704 SQ. FT. IS HEREBY DEDICATED TO THE PUBLIC FOR R.O.W. PURPOSES S 89"56'48m E 437.76' 397.76' -) 14' U.E. Sc A.E. \ I --59.50---- LOT 1 11.3756 ACRES 495,522 SQ. FT. i 1, 0.3735 ACRE j 30' HOUSTON PIPE LINE CO. ESMT.- f! FILE NO. 2004023710 O.R., R.C.T. IS 8915'09'�W 542.33' NORTH PIPELINE ESMT. END. 5/8" I.R. W/ CAP STAMPED 4 •"' 2.69 CIVIL BURN' RE BLVD., SUITE 250 TEXAS 77401 E 713-839-8900 ' FAX 713--839-9020 LE 06031 T FNO. 5/8" I.R. W/ CAP STAMPED 'HOVIS SURVEYING' \1 / �O� �O' \ / /\ \ \ ERE, E- 7J f NEW 6WNDAIIY CORNER 1.0 ai 0 N GNI SAN $WR C�4H RIM 56.77 FL 12"(N) 48.97 FL 12")E 48.87 FL 6"(Nw) 51.87 pT3.768,287.0t0 E 3,121,234.66t 0 0 0 S 89'52'30* W 542.30' S 89'52'30" W 580.80' TOTAL S 89'52'30" W 489.56' r0- v T �y J �(� II. t �\' v.' t• NORTH R.O.W. LINE OF F.M. 518 BROAD AY F.M. 518 (120' R.O.W. - 5 LANES - ASPHALT) SET 5/8" I.R. N 13,768,648.215 E 3,121,232.459 P.O.C. FND 5/8" I.R. W/ CAP STAMPED 'HOV1S SURVEYING' 4,000 SQ. FT. CITY OF PEARLAND FILE NO. 03-049294 I O.R., S.C.T. 0 0 as 38.55' i ti. 20" ROADWAY ESMT. VOL_ 2. PG. 107 13.C.P.R. 60' S 89`52'30'' W f 40.00' 00' GRATE TG 5i.34 FL 18'(N) 55.34 FL 18`(S) 55.34 METES AND BOUNDS DESCRIPTION OF 11.6443 ACRE ABSTRACT NO. 304 BRAZORIA COUNTY, TEXAS A PARCEL OF LAND CONTAINING 11.6443 ACRES (507,226 SQUARE FEET) MORE OR LESS BEING OUT OF LOT 38 AND 39, AUJSON-RICHEY GULF COAST HOME COMPANY SUBDIVISION, PART OF SUBURBAN GARDENS. SECTION 85, AS RECORDED IN 'LVOLUME 2, PAGE 107, BRAZORIA COUNTY PLAT RECORDS, AND BEING THAT CERTAIN TRACT (MST REL"), CONVEYED FROM KIMBERLY C. DURRETT TO TRINITY LEASING, LTD., AS RECORDED IN FILE NO. 02-006470, OFFICIAL RECORDS, BRAZORIA COUNTY. 'TEXAS, O.R.B.C.T., ALSO BEING THAT CERTAIN 7.3469 ACRE TRACT 1, CONVEYED FROM KIMBERLY G. DURRETT TO TRINITY LEASING, LTD., AS RECORDED IN FILE NO. 02.006471, O.R.B.C.T., AND ALSO BEING THAT CERTAIN 2,4277 ACRE TIRACT 2, AS RECORDED IN SAID FILE NO. 02-006471, SAID 11.6443 ACRE TRACT BEING SITUATED IN THE H.T. & B. R.R. CO. SURVEY ABSTRACT NO. 304, IN BRAZORIA couNr(TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING. AT A FOUND 5/8 INCH IRON ROD WITH CAP STAMPED HOVIS SURVEYING IN THE WEST UNE OF MILLER RANCH ROAD -COUNTY ROAD '93, RIGHT-OF-WAY VARIES. SAME BEING IN THE SOUTH LINE OF THAT CERTAIN 1.995 ACRE TRACT, CONVEYED FROM TRINITY LEASING, LTD., TO J.C. PATEL, AS RECORDED IN ntz NO. 2005018025, O.R.B.C.T.. FOR THE MOST NORTHERLY NORTHEAST CORNER OF THAT CERTAIN 9.770 ACRE TRACT 1, CONVEYED FROM WC PROPERTIES, LTD. TO PEARLAND FITNESS PARTNERS. LTD., AS RECORDED IN FILE NO. 2005024552, O.R.B.C.T., SAME BEING THE MOST EASTERLY NORTHEAST CORNER OF THE FINAL PLAT OF PEARLAND RETAIL FITNESS CENTER, AS RECORDED IN FILE NO. 20'06023385. O.R.B.C.T.; THENCE, S 89' 52' 30' W. WITH THE SAID SOUTH UNE OF THE 1.995 ACRE PATE_ TRACT, SAME BONG THE MOST NORTHERLY UNE OF THE SAID 9.770 ACRE TRACT 1,! AND THE MOST EASTERLY NORTH UNE OF SAID PEARLAND RETAIL FITNESS CENTER, AT A DISTANCE OF 489.56 FEET, PASS A FOUND 5/8 INCH IRON ROD WITH CAP STAMPED HOVIS SURVEYING., FOR THE MOST EASTERLY NORTHEAST CORNER OF THAT CERTAIN 8.568 ACRE TRACT Z RECORDED IN SAID FILE NO. 200502455Z SAME BENG THE NORTHWEST CORNER OF THE SAID 9.770 ACRE TRACT 1, AND VAN THE MOST EASTERLY NORTH UNE OF THE SAID 6.568 ACRE TRACT 2, A TOTAL DISTANCE OF 542.25 FEET, TO A FOUND 5/8 INCH IRON ROD WITH CAP STAMPED CIVIL-SURV, FOR THE SOUTHWEST CORNER OF THE SAID 1.995 ACRE PATEL TRACT, SAME BEING AN INTERIOR CORNER OF THE SAID 8.568 ACRE TRACT 2, AND AN INTERIOR CORNER OF SAID PEARLAND RETAIL FITNESS CS4TER; THENCE, N OD' 04' 24" E WITH THE WEST UNE OF THE SAID 1.995 ACRE PATEL TRACT, SAME BEING THE MOST NORTHERLY EAST UNE OF THE SAID 8,568 ACRE TRACT 2, AND THE MOST NORTHERLY EAST UNE Of SAID PEARLAND RETAIL FITNESS CENTER, A DISTANCE OF 10.59 FEET, TO A SET 5/8 INCH IRON ROD' WITH CAP STAMPED CIVIL- SURV. FOR THE NORTHWEST CORNER OF THE SAID 1.995 ACRE PATEL TRACT, SAME BEING THE SOUTHWEST CORNER OF SAID (EMMERT 13"). AND THE POINT OF THENCE, N 00" 04' 24 E, WITH 11-IE SAID MOST NORTHERLY EAST LINE OF THE SAID 8.568 ACRE TRACT 2, AND THE SAID MOST NORTHERLY EAST LINE OF SAID PEARLAND RETAIL RTNESS CENTER, SAME BENG 'THE NEST UNE OF SAID (EXHIBIT in, AT A DISTANCE OF 150.00 FEEE PASS TIRE SOUTHVEST CORNER OF THE SAID 2.4277 ACRE TRACT Z SAME BEING THE NORTHWEST CORNER OF SAID (EXHIBIT "B"), FROM WHICH A FOUND 5/8 INCH IRON ROD, BEARS. N 07' OV 15* W. 1.15 FEET, AND WITH THE WEST UNE OF THE SAID 2.4277 ACRE TRACT Z A TOTAL DISTANCE OF 345.00 FEET, TO A FOUND 5/8 INCH IRON ROD WITH CAP STAMPED CWIL-SURV, FOR THE MOST SOUTHERLY SOUTHWEST CORNER OF THE SAID 7.3469 ACRE TRACT 1, SAME BEING TNE NORTHIhEST CORNER OF THE SAID 2.4277 ACRE TRACT 2; THENCE. N 00' 00' 19" E, WITH THE SAID MOST NORTHERLY EAST UNE OF THE SAID 8.568 ACRE TRACT Z AND THE SAID MOST NORTHERLY EAST UNE OF SAID PEARLAND RETAIL FITNESS CENTER, SAME BEING THE MOST SOUTHERLY WEST UNE OF THE SAID 7.3469 ACRE TRACT 1. A DISTANCE OF 92.19 FEET. TO A FOUND 1 INCH IRON PIPE, FOR 'ME MOST NORTHERLY NORTHEAST CORNER OF THE SAID 8.568 ACRE TRACT 2, AND THE MOST NORTHERLY NORTHEAST CORNER OF SAID PEARLAND RETAIL FINESS CENTER. SAME BONG AN INTERIOR CORNER OF THE SAID 7.3469 ACRE TRACT I; THENCE, S 89" 56' W, WITH THE MOST NORTHERLY UNE OF THE SAID 8.568 ACRE TRACT 2, AND THE MOST NORTHERLY LINE OF SAID PEARLAND RETAIL FITNESS COVET SAME BONG THE MOST WESTERLY SOUTH LINE OF THE SAID 7.34439 ACRE TRACT 1, A DISTANCE OF 299.20 141.1 TO A FOUND 5/8 INCH IRON ROD WITH CAP STAMPED CAIL-SURV, IN THE EAST UNE OF RESERVE "FE AUTUMN LAKE, SECTION THREE, AS RECORDED IN VOLUME 24, PAGE 19, BRAZORIA COUNTY PLAT RECORDS, FOR THE NORTHWEST CORNER OF THE SAID 8.568 ACRE TRACT 2. AND NE I NORTHWEST CORNER OF SAID PEARLAND RETAIL FITNESS CENTER, AND THE MOST WESTERLY SOUTHWEST CORNER OF THE SAID 7.3469 ACRE TRACT 1; THENCE, N 00' 0-4-' 25" W. WITH THE SAID EAST LINE OF RESERVE "FE, SAME!BEING WEST UNE OF THE SAID 7.5469 ACRE TRACT 1, A DISTANCE OF 402.76 FEET6 TO A FOUND 2 INCH IRON PIPE, FOR THE SOUTHWEST CORNER .OF THAT CERTAIN 10.0000 ACRE TRACT, CONVEYED FROM THE VETERANS LAND BOARD OF TEXAS TO DOUGLAS RAY COLTON, AS RECORDED IN VOLUME (91) 969 PAGE 657, O.R.B.C.T, SAME BEING THE NORTHWEST CORNER OF THE SAID 7.3469 ACRE TRACT 1; THENCE, S 89' 56' 4.8" E. WITH THE SOUTH UNE OF THE SAID 10.0000 ACRE ERAC;T, SAME BEING THE MOST WESTERLY NORTH UNE OF THE SAID 7.3469 ACRE TRACT 1, A DISTANCE OF 443.80 FELE TO A FOUND 2 INCH IRON PIPE, FOR THE NORTHWEST CORNER OF THAT CERTAIN 1.8623 ACRE TRACT, CONVEYED FROM SUSAN J. SMLER TO YAN WU AND SHEJIA YAN, WIFE AND HUSBAND, AS RECORDED IN ALE NO. 02- °54603, O.R.B.C.T, SAME BEING THE MOST NORTHERLY NORTHEAST CORNER OF THE SAID 7.3469 ACRE TRACT 1, FROM WHICH A FOUND 2 INCH IRON PIPE IN THE SAID WEST UNE OF MILLER RANCH ROAD -COUNTY ROAD 93, FOR THE SOUTHEAST CORNER OF THAT CERTAIN 2.0000 ACRE TRACT, CONVEYED FROM DOUGLAS RAY COLTON TO BARBARA ANN COLTON, AS RECORDED IN FILE NO. 95-0348436 O.R.B.C.T., SAME BEING THE NORTHEAST CORNER OF THE SAID 1.8623 ACRE TRACT, BEARS, N 89' 56' 48* E, 405.60 FEET; THENCE, S 00' 00" 52' W, WITH THE WEST UNE OF THE SAID 1.8623 ACRE TRACT, SAME BONG 1HE MOST NORTHERLY EAST UNE OF THE SAID 7.3469 ACRE TRACT 1, A DISTANCE OF 200.00 1-Eti, TO A FOUND 1 INCH IRON PIPE, FOR THE SOUTHWEST CORNER OF THE SAID 1.8623 ACRE TRACT, SAME BEING .AN INTERIOR CORNER ,OF THE SAID 7.3469 ACRE TRACT 1; THENCE, S 89' 56' 48" E, WITH THE SOUTH UNE OF THE SAID 1.8623 ACRE TRACT. SAME BEING THE MOST EASTERLY NORTH UNE OF THE SAID 7.3469 -.ACRE TRACT 1. AT A DISTANCE OF 406.36 FEET, PASS A FOUND 1 INCH IRON PIPE, FOR THE SOUTHEAST CORNER OF THE SAID tes23 ACRE TRACT, AND A TOTAL DISTANCE OF 437.76 FEET TO A POINT, IN SAID MILLER RANCH ROAD -COUNTY ROAD 93. FOR THE MOST EASTERLY NORTHEAST CORNER OF THE SAID 7.3469 ACRE TRACT 1; THENCE, S 00' 05' 52' E, WITH THE EAST UNE OF THE SAID 7.3469 ACRE TRACT 1, A DISTANCE OF 292.54 FEET, TO A POINT IN SAID MILLER RANCH ROAD-CCEINTY ROAD 93, FOR THE SOUTHEAST CORNER OF THE SAID 7.3469 ACRE TRACT 1; THENCE, S 89' 52' W, RATH THE SOUTH LINE OF THE SAID 7.3469 ACRE TRACT T. A DISTANCE OF 40.00 FEET, TO A SET 5,18 INCH IRON ROD WITH CAP STAMPED laviL- SURV, IN THE SAJD WEST UNE OF MILLER RANCH ROAD -COUNTY ROAD 93, FOR THE NORTHEAST CORNER OF THE SAID Z4277 ACRE TRACT Z THENCE, S 00' 04' 24" W, WITH THE SAID WEST' UNE OF MILLER RANCH ROACI-COUNTY ROAD 93, SAME BEING THE EAST UNE OF THE SAID 2.4277 ACRE TRACT 2, AT A DISTANCE OF 195.00 RE1 i, PASS THE NORTHEAST CORNER OF SAID (EXHIBIT "8"), SAME BEING THE SOUTHEAST CORNER OF THE SAID 2.4277 ACRE TRACT 2, AND WITH THE EAST UNE OF SAID (EXHIBIT "B"). A TOTAL DISTANCE OF 345.00 FEET, TC A SET 5/8 INCH IRON ROD WITH CAP STAMPED CIVIL-SURV, IN THE NORTH UNE OF THE SAID 1.995 ACRE PATEL TRACT, FOR THE SOUTHEAST CORNER Of SAID (EXHIBIT "B"); THENCE, S 89' 52' 30" W, IMTH THE SAID NORTH UNE Of THE 1.995 ACRE PATEL TRACT, SAME BEING THE SOUTH LINE OF SAID (EXHIBIT 131, A DISTANCE OF 542.30 FEET, TO THE POINT OF BEGINNING AND CONTAINING 11.6443 ACRES (507.226 SQUARE FEET) OF LAND MORE OR LESS. I, CUFTON SEWARD, DO HEREBY CERTIFY THAT THIS PLAT CORRECTLY REPRESENTS A SURVEY MADE UNDER MY SUPERVISION ON THE GROUND IN ACCORDANCE WITH ,THE INFORMATION PROVIDED ME AND CORRECTLY REPRESENTS THE FACTS AS FOUND AT THE TIME OF SURVEY AND IS TRUE AND CORRECT, AND THAT AU, PERIMETER MONUMENTS HAVE BEEN MARKED WITH 5/8* IRON RODS OR AS NOTED AND ALL BLOCK CORNERS AND ANGLE POINTS, AND POINTS OF CURVATURE WILL BE PROPERLY MARKED VAN 5/8" IRON RODS. lc/6574 OWNER: CHARLES WADE TRINITY LEASING, LTD. GROVES, TX 77619 OCT 0 r.-)1 44' VICINITY MAP SCALE: 1" 1/2 MI. LEGEND: 8.L INDICATES "BUILDING UNE". U.E. INDICATES "UTIUTY EASEMENT". W.S.E. INDICAIES "WATER & SEWER EASEMENT". P.B.M. INDICATES "PERMANENT BENCHMARK'', T.B.M. INDICATES "TEMPORARY BENCHMARK". D.E. INDICATES "DRAINAGE EASEMENT". B.C.D.R. INDICATES "BRAZORIA COUNTY DEED RECORDS." B.C.P.R. INDICATES "BRAZORIA COUNTY PLAT RECORDS." E.E. INDICATES "ELECTRIC EASEMENT." A.E. INDICAIES "AERIAL EASEMENT." W.L.E. INDICKIES "WATER UNE EASEMENT." E,E. INDICATES "ELECTRICAL EASEMENT." B.C.T. INDICATES "BRAZORIA COUNTY, TEXAS" B.C.D.R. INDICATES "BRAZORIA COUNTY DEED RECORDS" O.R. INDICATES "OFFICIAL RECORDS" * INDICATES "STREET UGHT" NOTES: 1. DRAINAGE EASEMENTS MAY BE USED BY ANY GOVERNMENTAL BODY FOR PURPOSES OF DRAINAGE WORK, PROVIDE) THE DISTRICT IS PROPERLY NOTIFIED. MAINTENANCE OF DETENTION FACIUTIES IS TIRE SOLE RESPONSIBILITY OF THE OWNER OF THE PROPERTY.. 2. THE SUBJECT PROPERTY IS LOCATED ON MAP 613 P OF THE KEY MAP FCR GALVESTON AND BRAZORIA COUNTY, TEXAS. 3. THERE ARE 4 STREET UGHTS ON THIS PLAT. * STREET UGHT LOCATION 4. THE BEARINGS SHUN ON THIS SURVEY ARE BASED ON THE DEED OF RECORD IN CLERKS FILE NO. 04-023716 BEING CHARLES W. KENNEDY. JR., SUCCESSOR TRUSTEE TO WC PROPERTIES, LTD. 5. PERMANENT STRUCTURES, INCLUDING FENCES, SHALL NOT BE ERECTED IN OR ACROSS THE DRAINAGE EA -MIFENT WHI...,'"1 WILL INHIBIT FREE FLOW OF WATER IN DITCHES OR ACCESS TO THE EASEMENT BY DRAINAGE CREWS OR EQUIPMENT. FENCES ON ON SIDE LOT UNES ARE EXCEPTED. 6. 'THE COORDINATES SHOWN HEREON ARE GRID. BAS1) ON CITY OF PEARLAND MONUMENTS, NO. 7 AND NO. 9, HAVING A COMBINED SCALE FACTOR OF 0.999870& 7. A MUTUAL ACCESS AGREEMENT SHAU. BE ENFORCE) BY THIS PLAT. 8. SUBJECT PROPERTY LIES WITHIN THE BOUNDARIES OF BRAZORIA COUNTY MUNICIPAL UTIUTY DISTRICT NO. 17. 9. A FOUR -FOOT MOE SIDEWALK WILL BE PROVIDED ALONG MILLER RANCi-i ROAD AT THE ilME OF DEVELOPMENT. FLOOD STATEMENT: I HAVE EXAMINED THE FEDERAL EMERGENCY MANAGEMENT AGENCY'S FLOOD INSURANCE RATE MAP FOR THE CITY OF PEARLAND. BRAZORIA COUNTY, TEXAS AND INCORPORATED AREAS, COMIAUNITY NO. 460077, MAP REVISER JUNE 5, 1989, AND THAT MAP INDICATES THAT THIS TRACT IS WITHER ZONE "X', AREAS DETERMINED TO BE OUTSIDE THE 500 'YEAR FLOODPLAIN AS SHOWN ON PANEL C.0020H OF SAID MAP. THIS DETERMINATION HAS BEEN MADE BY SCALING THE PROPERTY ON THE ABOVE REFERENCED MAP AND IS NOT THE RESULT OF AN ELEVATION SURVEY. WARNING: IF THIS SITE IS NOT WITHIN AN IDENTIFIED SPECIAL FLOOD HAZARD AREA. THIS STATEMENT DOES NOT IMPLY THAT THE PROPERTY AND/OR THE STRUCTURES THEREON WILL BE FREE FROM FLOODENG OR FLOOD DAMAGE. ON RARE OCCASIONS, GREATER FLOODS CAN AND VALL OCCUR AND FLOOD HEIGHTS MAY BE INCREASED ay MANMADE OR NATURAL CAUSES. MIS ROOD STATEMENT SHALL NOT CREATE UABILITY ON THE PART OF THE SURVEYOR. BENCHMARK ELEV. 59.03 CITY OF PEARLAND CPS MONUMEIT #9 BEING A BRASS DISK SET IN CONCRETE NEAR THE NORTHWEST CORNER OF THE INTERSECTION OF HIGHWAY 288 AND F.M. 518. THE MONUMENT IS ± 500' NORTH. OF F.M. 518 AND 32.5' NORTHWEST OF THE SOUTHWEST CORNER OF A CONCRETE PAD FOR STORM DRAIN INLETS. (NGVD 1929, HARRIS GALVESTON COASTAL SUBSIDENCE DISTRICT. 1987 ADJ.) TEMPORARY BENCHMARK ELEV. 59.42' 100D NAIL SET IN POWER POLE ON THE WEST SIDE OF MILLER RANCH ROAD APPROX. 1130' ± NORTH OF THE INTERSECTION OF MILLER RANCH ROAD AND F.M. 518. PRELIMINARY PLAT BEING A SUBDIVISION OF 11.6443 ACRES IN THE ABSTRACT NO. 304 CITY OF PEARLAND, TEXAS OCTOBER 5, 2006 ENGINEER: LENTZ ENGINEERING, LC. 4710 BELLAIRE BLVD. SUITE 250 (713) 839-8900; FAX (713) 839-9020 SURVEYOR: CIVIL-SURV LAND SURVEYING, L.C. CUF SEWARD, R.P.L.S. 4710 BELLAIRE BLVD. SUITE 250 BELLAIRE, TEXAS 77401