Ord. 0572 07-24-89ORDINANCE NO. 572
AN ORDINANCE AUTHORIZING THE EXECUTION OF A CONTRACT, A
FACSIMILE OF SAME BEING ANNEXED HERETO, INCORPORATED
HEREIN FOR ALL PURPOSES DESIGNATED EXHIBIT "A" BY AND
BETWEEN SUNSET MEADOWS JOINT VENTURE AND THE CITY OF
PEARLAND, TEXAS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND:
SECTION 1. That the facsimile of contract, annexed hereto,
incorporated herein for all purposes, designated Exhibit "A", by and
between Sunset Meadows Joint Venture and the City of Pearland, Texas,
for the purpose of payment/donation to cover all expenses regarding
acquisition of Nasawood Drive is hereby authorized and approved.
SECTION 2. The City Council finds that such contract is
reasonable and necessary and that there are sufficient city funds for
the availability of payment.
SECTION 3. The Mayor and the City Secretary of the City of
Pearland, Texas, are hereby authorized and directed to execute for and
on behalf of the City the annexed contract documents, and counterparts
thereof.
PASSED and APPROVED on first reading this
,A. D., 1989.
ATTEST:
City S retary
day of
1
PASSED and APPROVED on second and final reading this 2.41'
day of
ATTEST:
tel
City S retary
APPROVED AS TO FORM:
, A. D., 1989.
City Attorney
Mayor
2
EXHIBIT "A"
AGREEMEN
'
Between City of Pearland, Texas (" ) City , and Sunset Meadows Joint Venture, a
joint venture composed of Richland Properties, Inc., L D Land Corporation and Russell D.
Plank ("Sunset Meadows").
RECITALS
City has determined that an immediate public necessity exists for the
maintenance of an existing street, known as Nasawood Drive, along a right-of-way easement
in the City of Pearland, Texas, said right-of-way easement being more particularly described
in Exhibit No. 1 attached hereto and made a part hereof. City maintains that it possesses the
right to maintain the street along said right-of-way easement. Loomis International, Inc., the
fee owner of a portion of the property on which Nasawood Drive is located, maintains that
the City does not possess any right to maintain the street along said right-of-way easement.
Loomis has obstructed public travel upon the road in question. Sunset Meadows desires to
develop a subdivision known as Nasawood Subdivision. Development of Nasawood Subdivision
cannot be completed without maintenance of Nasawood Drive along said right-of-way
easement.
CONTRACTUAL STIPULATIONS
For and in consideration of their mutual promises here given and undertaken to be
performed, City and Sunset Meadows contract and agree:
1.
City shall institute and pursue with reasonable diligence a declaratory judgment
action against Loomis International, Inc., to declare that City possesses the right to maintain
a street along the right-of-way easement and alternatively a condemnation action to obtain
the necessary right-of-way easement for maintenance of the street.
-1-
2.
Sunset Meadows agrees to pay City any and all expenses, including attorney's fees,
incurred by City in the recited litigation against Loomis International, Inc., immediately upon
receipt of itemized statements for such expenses and attorney's fees. City agrees to absorb
all other expenses in any other litigation arising out of the controversy.
EXECUTED this pS `i day of , 1989.
ATTEST:
Kay Krone, City Secretary
CITY OF PEARLANII.'fPEXAS
By orr7
Tom Reid, Mayor
SUNSET MEADOWS JOINT VENTURE
By /eaaa A
Russell D. Plank
-2-
EXHIBIT NO. 1
0.7025 acres of land out of a called 24.646 acre tract conveyed to Loomis International, Inc.,
as recorded under Volume 1210, Page 433 of the Deed Records of Brazoria County, Texas,
and located in the Jas. F. Perry and Emily M. Austin League, Abstract No. 111, Brazoria
County, Texas, said 0.7025 acres of land being more particularly described by metes and
bounds as follows:
COMMENCING at a 1/2 inch iron rod found for the most northerly corner of a called 59.9698
acre tract, known as Nasawood, as recorded under Volume 17, Page 73 through 76 of the Map
Records of Brazoria County, Texas, same being described in a deed conveyed to Crystal
Homes, Inc., as recorded under Volume 1683, Page 846 of the Deed Records of Brazoria
County, Texas;
THENCE South 45° 00' 01" East along the northeast line of said Nasawood, a distance of
182.83 feet (called 182.55 feet) to a 1/2 inch iron rod found for the PLACE OF BEGINNING
of the herein described tract;
THENCE North 44° 54' 10" East (called North 45° 00' 32" East) a distance of 437.12 feet to a
3/4 inch iron pipe found for corner;
THENCE South 45° 00' 03" East (called South 44° 53' 41" East) a distance of 70.00 feet to a
3/4 inch iron pipe found for corner;
THENCE South 44° 54' 10" West (called South 45° 00' 32" West) a distance of 437.12 feet to a
1/2 inch iron rod found for corner in the northeast line of said Nasawood;
THENCE North 45° 00' 01" West along the northeast line of said Nasawood, a distance of
70.00 feet to the PLACE OF BEGINNING of the herein described tract and containing within
these calls 30,599 square feet or 0.7025 acres of land.