R99-032 04-12-99PASSED to Another Meeting
RESOLUTION NO. R99-32
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO A LICENSE AGREEMENT WITH DONYA, L.L.C , FOR THE
PURPOSE OF ALLOWING IN�RESS AND EGRESS OVER AND ACROSS
CERTAIN CITY PROPERTY
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS·
Section 1 That certain License for Parking by and between the City of Pearland
and Donya, L L C , 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 the original of the attached License for Parking with
Donya, L.L.C , for and on behalf of the City of Pearland, for the purpose of allowing ingress
and egress over and across certain City property
PASSED, APPROVED and ADOPTED this the
_______ ,AD , 1999
ATTEST
YOUNG LORFING
CITY SECRETARY
APPROVED AS TO FORM
DARRIN M COKER
CITY ATTORNEY
TOM REID
MAYOR
day of
See R2000-54
Exhibit"A"
LICENSE FOR PARKING
THE STATE OF TEXAS
COUNTY OF BRAZORIA
That the City of Pearland, Brazona County, Texas (hereinafter"Pearland"), the owner and
holder of the Real Property described in the attached Exhibit"A"for and in consideration of the sum
of Ten Dollars($10 00)paid, and other good and valuable consideration,the receipt and sufficiency
of which is hereby acknowledged, does hereby grant and convey to Donya L.L C (hereinafter
Donya"), and its successors or assigns, an exclusive License, for use as a parking area, over and
across the properties described in the attached Exhibit"A."
The license herein granted shall be used for purposes of ingress and egress over and across
the property described in Exhibit"A" and for the passage and parking of motor vehicles into, out of,
on, over and across all parking areas, driveways, and service areas from time to time established
within the property so described, exclusively by Donya, its tenants, and their business invitees.
Donya at its sole expense may, but is not obligated to, develop the above described property
by placing curbing, pavement, landscaping, and parking striping similar to, and of the same quality
as that it has on its property that is located adjacent to and contiguous to the above described
property on the northeast property line The curbing, pavement, landscaping, and parking striping
shall be done in accordance with City of Pearland promulgated Building Codes and Standards that
are applicable.
Pearland agrees to waive any required on-site detention on the aforementioned property
However,Donya agrees to pay the necessary fees to purchase off-site regional detention space within
the City Any detention fees assessed shall be calculated by the City Engineer in accordance with
applicable City of Pearland ordinances
If, within one year of the date of the grant of this License, Donya has not commenced the
development of the property as above described this License herein granted shall be terminated ten
10) days after notice to Donya, sent by mail to its last known address. All terms contained herein
shall become null and void and without effect on that termination. Neither party shall have a cause
of action against any other party for the termination of this License for noncompliance with this
development.
The Grant of the License shall be for a term of twenty-five(25)years. On each twenty-fifty
25th) anniversary, the License shall automatically renew for twenty-five(25)years unless Pearland,
or its successors or assigns, give notice of termination of this License by providing six (6) months
written notice to Donya at its last known address and payment to Donya of the appraised value of
the improvements then existing on the above-described property which have been placed there by
Donya, or its successors or assigns, and which are not removable upon the termination of this ,
License.
1
Donya may terminate this License at any time by providing the City of Pearland notice of its
abandonment ofthe parking area usage. In the event Donya terminates the usage ofthe parking area,
no funds are due Donya for the value of the improvements on the described property, from the City
of Pearland.
EXECUTED and EFFECTIVE this the day of 1999
ATTEST CITY OF PEARLAND
I By.
Young Lorfing Glen R. Erwin
City Secretary City Manager
DONYA, L.L.0
By.
Printed Name
Title
i
2
STATE OF TEXAS
COUNTY OF BRAZORIA
BEFORE ME,the undersigned Notary Public,on this day personally appeared Glen R.Erwin,
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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF
A.D , 19
NOTARY PUBLIC IN AND FOR THE
STATE OF TEXAS
Printed Name
My Commission Expires
STATE OF TEXAS
COUNTY OF
BEFORE ME, the undersigned Notary Public, on this day personally appeared
known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he/she executed the same for the purposes and
consideration therein expressed.
GIVEN,UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF
A.D , 19
NOTARY PUBLIC IN AND FOR THE
STATE OF TEXAS
Printed Name
My Commission Expires
3
Exhibit"A"
Property Description
Being approximately 0 6973 acres out of 13 832 acres, part of Tract 1, City of Pearland
Municipal Complex site, W D C Hall survey, A-70, as recorded in Vol. 1023, pg.297, Deed
Records of Brazona Co , TX. ( 5220 thru 5228 Liberty Drive)
Property
Line
r_ _ _ _ —
City of Pearland
Library
0
0 _
N
0r, O
N -+
a
1/40
I
O
d.
Pee—Gee, N V
Vol 1768 Pg 205
BCDR
Property Line 75'±
Liberty Drive
City of Pearlend Texas
1k: s.dc SHEET
0.1 c Aprfl, 1999
nwa:1'-13°.
o.,,q:J.E&ow FiFi
Cbkd OF U. Smith Library OF I
LICENSE FOR PARKING
2 Or' g1n
s
THE STATE OF TEXAS r
COUNTY OF BRAZORIA
That the City of Pearland, Brazona County, Texas (hereinafter"Pearland"), the owner and
holder of the Real Property described in the attached Exhibit"A"for and in consideration of the sum
of Ten Dollars($10 00)paid, and other good and valuable consideration,the receipt and sufficiency
of which is hereby acknowledged, does hereby grant and convey to Donya L.L C (hereinafter
Donya"), and its successors or assigns, an exclusive License, for use as a parking area, over and
across the properties described in the attached Exhibit "A."
The license herein granted shall be used for purposes of ingress and egress over and across
the property described in Exhibit"A" and for the passage and parking of motor vehicles into, out of,
on, over and across all parking areas, driveways, and service areas from time to time established
within the property so described, exclusively by Donya, its tenants, and their business invitees.
Donya at its sole expense may,but is not obligated to, develop the above described property
by placing curbing, pavement, landscaping, and parking striping similar to, and of the same quality
as that it has on its property that is located adjacent to and contiguous to the above described
property on the northeast property line. The curbing, pavement, landscaping, and parking striping
shall be done in accordance with City of Pearland promulgated Building Codes and Standards that
are applicable.
Pearland agrees to waive any required on-site detention on the aforementioned property
However,Donya agrees to pay the necessary fees to purchase off-site regional detention space within
the City Any detention fees assessed shall be calculated by the City Engineer in accordance with
applicable City of Pearland ordinances.
If, within one year of the date of the grant of this License, Donya has not commenced the
development of the property as above described this License herein granted shall be terminated ten
10) days after notice to Donya, sent by mail to its last known address. All terms contained herein
shall become null and void and without effect on that termination. Neither party shall have a cause
of action against any other party for the termination of this License for noncompliance with this
development.
The Grant of the License shall be for a term of twenty-five (25)years. On each twenty-fifty
25th) anniversary, the License shall automatically renew for twenty-five(25)years unless Pearland,
or its successors or assigns, give notice of termination of this License by providing six (6) months
written notice to Donya at its last known address and payment to Donya of the appraised value of
the improvements then existing on the above-described property which have been placed there by
Donya, or its successors or assigns, and which are not removable upon the termination of this
License.
1
Donya may terminate this License at any time by providing the City of Pearland notice of its
abandonment of the parking area usage. In the event Donya terminates the usage of the parking area,
no funds are due Donya for the value of the improvements on the described property, from the City
of Pearland.
EXECUTED and EFFECTIVE this the day of 1999
ATTEST CITY OF PEARLAND
By.
Young Lorfing Glen R. Erwin
City Secretary City Manager
DONYA, L.L.0
By.
Printed Name _
Title
2
STATE OF TEXAS
COUNTY OF BRAZORIA
BEFORE ME,the undersigned Notary Public,on this day personally appeared Glen R.Erwin,
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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF
A.D , 19
NOTARY PUBLIC IN AND FOR THE
STATE OF TEXAS
Pnnted Name
My Commission Expires
STATE OF TEXAS
COUNTY OF
BEFORE ME, the undersigned Notary Public, on this day personally appeared
known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he/she executed the same for the purposes and
consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF
A.D , 19
NOTARY PUBLIC IN AND FOR THE
STATE OF TEXAS
Printed Name
My Commission Expires
3
Exhibit "A"
Property Description
Being approximately 0 6973 acres out of 13 832 acres, part of Tract 1, City of Pearland
Municipal Complex site, W.D C Hall survey, A-70, as recorded in Vol. 1023, pg.297, Deed
Records of Brazoria Co , TX. ( 5220 thru 5228 Liberty Drive)
Property
Line
City of Pearland
Library
o
iP
car,' o
co -'
CO
I
O
t
Pee—Cee, N V
Vol 1768, Pg 205
BCDR
Property Line 75'±
Liberty Drive
Le r,;i]
City of Peariand Texas
O rfcinp
Jab w.: 3 SHEET
Doe April, 1949
na"a:1-_80'
1U:J.ED.CAD FIE
ahtd Op D.Smith Library OF 1
LICENSE FOR PARKING
THE STATE OF TEXAS
COUNTY OF BRAZORIA
That the City of Pearland, Brazoria County, Texas (hereinafter"Pearland"), the owner and
holder of the Real Property described in the attached Exhibit"A"for and in consideration of the sum
of Ten Dollars($10 00)paid, and other good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, does hereby grant and convey to Donya L.L C (hereinafter
Donya"), and its successors or assigns, an exclusive License, for use as a parking area, over and
across the properties described in the attached Exhibit "A."
The license herein granted shall be used for purposes of ingress and egress over and across
the property described in Exhibit"A" and for the passage and parking of motor vehicles into, out of,
on, over and across all parking areas, driveways, and service areas from time to time established
within the property so described, exclusively by Donya, its tenants, and their business invitees.
Donya at its sole expense may, but is not obligated to, develop the above described property
by placing curbing, pavement, landscaping, and parking striping similar to, and of the same quality
as that it has on its property that is located adjacent to and contiguous to the above described
property on the northeast property line The curbing, pavement, landscaping, and parking striping
shall be done in accordance with City of Pearland promulgated Building Codes and Standards that
are applicable
Pearland agrees to waive any required on-site detention on the aforementioned property
However,Donya agrees to pay the necessary fees to purchase off-site regional detention space within
the City Any detention fees assessed shall be calculated by the City Engineer in accordance with
applicable City of Pearland ordinances
If, within one year of the date of the grant of this License, Donya has not commenced the
development of the property as above described this License herein granted shall be terminated ten
10) days after notice to Donya, sent by mail to its last known address. All terms contained herein
shall become null and void and without effect on that termination. Neither party shall have a cause
of action against any other party for the termination of this License for noncompliance with this
development.
The Grant of the License shall be for a term of twenty-five(25)years On each twenty-fifty
251) anniversary, the License shall automatically renew for twenty-five(25)years unless Pearland,
or its successors or assigns, give notice of termination of this License by providing six (6) months
written notice to Donya at its last known address and payment to Donya of the appraised value of
the improvements then existing on the above-described property which have been placed there by
Donya, or its successors or assigns, and which are not removable upon the termination of this
License
1
Donya may terminate this License at any time by providing the City of Pearland notice of its
abandonment of the parking area usage In the event Donya terminates the usage of the parking area,
no funds are due Donya for the value of the improvements on the described property, from the City
of Pearland.
EXECUTED and EFFECTIVE this the day of 1999
ATTEST CITY OF PEARLAND
By.
Young Lorfing Glen R. Erwin
City Secretary City Manager
DONYA, L.L C
By-
Printed Name
Title
2
STATE OF TEXAS
COUNTY OF BRAZORIA
BEFORE ME,the undersigned Notary Public,on this day personally appeared Glen R.Erwin,
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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF
A.D , 19
NOTARY PUBLIC IN AND FOR THE
STATE OF TEXAS
Printed Name
My Commission Expires
STATE OF TEXAS
COUNTY OF
BEFORE ME, the undersigned Notary Public, on this day personally appeared
known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he/she executed the same for the purposes and
consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF
A.D , 19
NOTARY PUBLIC IN AND FOR THE
STATE OF TEXAS
Printed Name
My Commission Expires
3
Exhibit"A"
Property Description
Being approximately 0 6973 acres out of 13 832 acres, part of Tract 1, City of Pearland
Municipal Complex site,W.D C Hall survey, A-70, as recorded in Vol. 1023, pg.297, Deed
Records of Brazoria Co , TX. ( 5220 thru 5228 Liberty Drive)
Property
Ilir Line
City of Pearland
Library 4
1
a
0
KO
O
I
0
NI-
Pee--Gee, N.V
Vol. 1758, Pg 205
BCDR.
Pro•ert Line 75'±
Liberty Drive
ii'r.`. '0.:2J
City of Pearland,Texas
1 Leiner ittrnrgient
Leh Me.: Soda SHEET
Dkdw April. 1999 MAD 0.
Den Br:J.E.B.CAD AC.
akd Bp D. Smith Library OF 1