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R2000-065 05-22-00RESOLUTION NO. R2000-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A DEVELOPMENT AGREEMENT WITH BEAZER HOMES TEXAS L.P., A TEXAS LIMITED PARTNERSHIP ("DEVELOPER"), RECITING THE RESPONSIBILITIES OF THE CITY AND DEVELOPER ASSOCIATED WITH THE DEVELOPMENT OF A RESIDENTIAL/GENERAL BUSINESS COMMUNITY. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain Development Agreement by and between the City of Pearland and Beazer Homes Texas L.P., a Texas limited partnership, 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 agreement for and on behalf of the City of Pearland. PASSED, APPROVED and ADOPTED this the __ , A.D., 2000. ATTEST: {.~TY SECRETARY o~ APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 22nd day of May TOM ~ MAYOR EXHIBIT , ," 1# A DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (this "Agreement") is made and entered into as of May 22, 2000, by and between the CITY OF PEARLAND, TEXAS, a home rule municipality located in the counties of Brazoria, Harris, and Fort Bend, Texas (the "City"), and BEAZER HOMES TEXAS L.P., a Texas limited partnership (the "Developer"), or its assigns, represented herein by its undersigned, duly authorized general partner. RECITALS A. Capitalized terms used in these recitals are defined in Article 1, below. B. The Property is currently, or will be after annexation, within the corporate limits of the City. Developers desire to petition the TNRCC to create MUD No. 23 over the Property. The City intends to consent to the creation of MUD No. 23. The Developer and the City also intend to create a PUD over the Property. C. The Developer is the holder of the right to acquire and develop the Property from the owner. The Developer currently intends to develop and improve, in various phases, all or a portion ofthe Property as a planned residential and general business community centered around a public golf course with single family residential dwelling units, general business development, institutional development, public/community developments, a public golf course, and other uses permitted in conformance with the PUD. D. To facilitate the development of the Property, the City has agreed to take certain actions and to construct, or cause to be constructed, various public improvements. Due to the close proximity of the City Tract, and the adverse impact that certain undesirable land uses would have on the Project, the City has agreed to restrict the development of the neighboring City Tract, through the imposition of certain land use controls. E. This Agreement has been submitted to the City for consideration and review, and the City has taken all actions required to be taken prior to the execution of this Agreement to make the same binding upon the City according to the terms hereof F. The City, after due and careful consideration, has concluded that the development of the Property as provided for herein will further the growth of the City, improve the environment of the City, increase the assessed valuation of the real estate situated within the City, foster increased economic activity within the City, increase employment opportunities within the City, upgrade public infrastructure within the City, and otherwise be in the best interests of the City by furthering the health, safety, morals and welfare of its residents and taxpayers. C:I WINDOWSITEMPIDevelopment Agreement WPD NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants and agreements herein contained, and other good and valuable consideration, the receipt and sufficient of which are hereby acknowledged, the parties hereby agree as follows: ARTICLE I. DEFINITIONS: INCORPORATION OF RECITALS 1.1 Definitions. Capitalized terms used herein, including the recitals hereto, shall have the meanings set forth in this section, unless otherwise defined, or unless the context clearly requires another definition. City means the City of Pearl and, Texas, a home rule municipality located in the counties of Brazoria, Harris, and Fort Bend, Texas. City Tract means the approximately 290-acre tract legally described in Exhibit B attached hereto and made a part hereof Developer means Beazer Homes Texas L.P., a Texas limited partnership. MMA means a master maintenance association, or other similar special-purpose entity, to be created and administered by the City upon petition of the Developer for the purpose of maintaining landscaping and lighting in the rights of way, associated public areas, and adjacent 30-foot setbacks of the MonroelMcHard Road Extension and both Pearland Parkway Extensions A and B. MonroelMcHard Road Extension means that portion of MonroelMcHard Road to be constructed south from Beltway 8, including the "roundabout" to station 120+00 as shown on the "proposed schematic layout for Pearland Parkway" prepared by LAN, Inc. and dated January 11, 2000. MUD No. 23 means Brazoria County Municipal Utility District No. 23, to be created under Article XVI, Section 59 of the Texas Constitution and operated under Chapters 54 and 49 of the Texas Water Code, as amended. Pear/and Parkway Extension A means that portion of Pearland Parkway to be constructed south from the "turnabout" to the southern property line of the Property. Pearland Parkway Extension B means that portion of Pearl and Parkway to be constructed south from the southern property line of the Property to the existing termination of Pearland Parkway, approximately 2700 feet north ofFM 518. C:\ WINDClWS\ TEMP\Development Agreement WPD -2- Project means the real estate development planned for the Property, as more fully described in Paragraph C of the recitals hereto. Property means the approximately 527-acre tract legally described in Exhibit A attached hereto and made a part hereof. PUD means a Planned Unit Development for the Property adopted pursuant to the City of Pearland Land Use and Urban Development Ordinance. Party or parties means all or any of the City and the Developer, as applicable. TNRCC means the Texas Natural Resource Conservation Commission. 1.2 Recitals incorporated. The representations, covenants and recitations set forth in the recitals to this Agreement are material to this Agreement and are hereby found and agreed to be true and correct, and are incorporated into and made a part hereof as though they were fully set forth in this article. ARTICLE II. COOPERATION Actions of the parties. The parties agree to take such actions, including the execution and delivery of such documents, instruments, petitions and certifications (and, in the City's case, the adoption of such ordinances and resolutions), as may be necessary or appropriate, from time to time, to carry out the terms, provisions and intent of this Agreement and to aid and assist each other in carrying out said terms, provisions and intent. ARTICLE III. EFFECTIVENESS OF AGREEMENT This Agreement shall become effective from and after its approval and execution by both parties. ARTICLE IV. DEVELOPMENT AND USE OF THE PROPERTY AND CONSTRUCTION OF IMPROVEMENTS 4.1 City's obligations. C:IWINDOWSITEMPIDevelopmenl Agreement. WPD -3- (a) The City intends to take the following actions, and agrees to use its best efforts to do so: (i) Consent to the creation of MUD No. 23 over the Property under the conditions described in Exhibit C, which are the City's standard consent conditions for the creation of municipal utility districts, when requested by the Developer (expected in July or August, 2000); (ii) Enter into a Utility Agreement with the Developer and MUD No. 23 in substantially the same form as the Utility Agreement attached to the consent conditions in Exhibit C; (iii) Create a PUD over the Property which will provide the appropriate zoning for single family residential, general business, and golf course uses; (iv) Create and operate a MMA for the maintenance oflandscaping and lighting in rights of way, associated public areas and adjacent 30 foot setbacks of the MonroelMcHard Road Extension and both Pearland Parkway Extensions A andB; (v) Commit to provide the water supply and wastewater treatment capacity ultimately required by the Project. Approval of the preliminary plat for the Property will formalize such commitment. City approval of the preliminary plat binds the City to an ultimate commitment of water and wastewater capacity to serve the Project which is expected to include approximately 1,000 equivalent single family connections; (vi) Provide annual water and wastewater connections as required by the Project and as shown on the Developer's projected annual build-out schedules; (vii) Work with the Developer to obtain all necessary approvals, permits and consents from Brazoria and Harris Counties with respect to off-tract improvements, the design and construction of the golf course, and other matters necessary to the development of the Project; (viii) Allow ingress and egress off of Old Alvin Road for construction purposes until the MonroelMcHard Road Extension is complete; (ix) Waive the requirements of the City's Park Dedication Ordinance for the Property. If the portion of the Project developed as a golf course is redeveloped for residential and/or non-residential purposes, then the developer conducting such redevelopment shall be responsible for complying C:I WINDOWSITEMPIDevelopment Agreement WPD -4- with the requirements of the City's Park Dedication Ordinance for the Property; (x) Annex those portions of the Property not currently within the corporate limits of the City, on the petition of the Developer. 4.2 City's obligations relating to the City Tract. ( a) The City, in addition to the other obligations described in this Agreement, shall restrict the development of the City Tract as described by this Section 4.2. The City intends to adopt appropriate deed restrictions and restrictive covenants, and agrees to use its best efforts to do so, to ensure that: (i) The City Tract shall be used only for residential, commercial, office, recreational, storm-water retention and medical uses, included services ancillary to such uses, including, without limitation, office buildings, retail stores, shopping centers, hospitals, medical or dental clinics, medical laboratories, churches, places of worship, schools, hotels, motels, and restaurants; (ii) No part of the City Tract shall be used for: (A) adult or sexually-oriented businesses, including the sale, use or exhibition oflewd films or books or other pornographic materials, or live lewd shows; (B) the sale of alcoholic beverages for on-site consumption by a business that derives more than 50% of its gross sales from the sale of alcoholic beverages for on-site consumption; or (C) any other purpose which is in violation of any applicable law, including, without limitation, police, health, sanitary, building, and fire codes; (iii) No non-residential building over two stories (30 feet) on the City Tract will be located closer than 40 feet to the Property. Residential structures, regardless of height, and non-residential structures not greater than two stories (30 feet) may be located closer to the Property, subject to the minimum set-back requirements of the applicable building codes and municipal ordinances; CI WINDOWSI TEMPIDevelopment Agreement WPD -5- (a) to do so: (iv) Lighting structures on the City Tract located within 60 feet of the Property shall be designed in such a manner so that the lighting is not directed towards the Property. 4.3 Developer's obligations. The Developer intends to take the following actions, and agrees to use its best efforts . (i) Petition the TNRCC for the creation of MUD No. 23; (ii) Prepare and implement the PUD, including the adoption of deed restrictions and other restrictive covenants consistent with the PUD and relevant City regulation; (iii) Assemble and purchase the Property for ownership and development; (iv) Oversee and construct neighborhood improvements and amenities, such as water, sanitary sewer and drainage facilities and payment of impact fees to the City; (v) Advertise and market the Project; (vi) Pay property taxes on the Property; (vii) Maintain the Property; (viii) Construct the Project and pay associated land planning, legal, architectural, engineering, surveying, and design expenses; (ix) Provide the City will projected annual build-out schedules for the purpose of providing water and wastewater capacity to the Project; (x) Provide to the City those documents necessary to coordinate the development of the Project, including golf course conceptual plans, documents which detail time lines and construction schedules and marketing information; (xi) Petition the City for the creation of the MMA; (xii) Petition the City for annexation ofthose portions of the Property not currently within the corporate limits of the City. C:I WINDOWSITEMPIDevelopmenl Agreement WPD -6- 4.4 Developer and City Obligations relating to the construction ofMonroe/McHard Road and Pearland Parkway. (a) The City agrees to construct the Monroe/McHard Road Extension, which will be constructed as a two-lane road, with appropriate landscaping, irrigation and lighting, and shall be constructed in a timeframe agreeable to the City and the Developer. Acknowledging the critical relationship between the completion of the Monroe/McHard Road Extension and the success of the golf course, the City agrees to use its best efforts to complete construction of the Monroe/McHard Road Extension prior to the initial operations of the golf course, but in no case later than two years from the date of this Agreement; (b) The Developer agrees to construct the Pearland Parkway Extension A, which will be constructed as a two-lane road, with appropriate landscaping, irrigation and lighting; ( c) The City agrees to expand the two-lane Pearland Parkway Extension A to four lanes when such expansion is deemed necessary by the City's criteria for roads and streets; (d) The Developer agrees to dedicate the right of way necessary for the widening of Pearland Parkway Extension A to four lanes; (e) The City agrees to construct the Pearland Parkway Extension B, which will be constructed as a two-lane road, with appropriate landscaping, irrigation and lighting, and shall be constructed in a timeframe agreeable to the City and the Developer; (f) The City agrees to expand the two-lane Pearland Parkway Extension B to four lanes when such expansion is deemed necessary by the City's criteria for roads and streets; (g) The Developer agrees to contribute to the City the sum of money equal to the construction costs of the Pearland Parkway Extension A, to be used by the City for Pearl and Parkway Extension B, at the time the City awards a construction contract for such extension; (h) The Developer agrees to contribute to the City 50% of: (i) the cost of acquisition of the right of way for the Pearland Parkway Extension Band (ii) the cost of construction of the bridge for the Barry Rose draining ditch, up to a maximum contribution of$125,000, at the time such right of way is acquired and the City awards a construction contract for such bridge. At such time as the City approves plats for any other development fronting the Pearland Parkway Extension B, the City agrees to collect from such developers a fee equal to their pro rata share of these costs, as determined by acreage. The City agrees to pay such fees, as collected, to the Developer as reimbursement for the Developer's initial contribution; (i) The Obligation of the City described in this Section 4.4 shall be paid from lawfully available funds that may be currently available in the budget year in which such improvements are C:IWINDOWSITEMPIDevelopment AgreementWPD -7- (i) The Obligation of the City described in this Section 4.4 shall be paid from lawfully available funds that may be currently available in the budget year in which such improvements are designated to be constructed. The City agrees to use its best efforts to collect revenues, issue bonds, and appropriate funds as may be required to finance such improvements. ARTICLE V AUTHORITY; COVENANTS 5.1 Actions. The City covenants to the Developer and agrees that upon application of the Developer, the City will use its best efforts to the extent permitted by law to take such actions as may be required and necessary to process any amendments, variations, special use approvals and permit applications relating to the Zoning Ordinance and the City's other ordinances, codes and regulations, as may be necessary or proper in order to insure the development of the Property and the Project in accordance with this Agreement and the PUD and to enable the City to execute this Agreement and to carry out fully and perform the terms, covenants, agreements, duties and obligations on its part to be kept and performed as provided by the terms and provisions hereof. 5.2 Powers. (a) The City hereby represents and warrants to Developer that the City has full constitutional and lawful right, power and authority, under currently applicable law, to execute and deliver and perform the terms and obligations of this Agreement, and all of the foregoing have been or will be duly and validly authorized and approved by all necessary City proceedings, findings and actions. Accordingly, this Agreement constitutes the legal, valid and binding obligation of the City, is enforceable in accordance with its terms and provisions and does not require the consent of any other governmental authority. (b) The Developer hereby represents and warrants to the City that Developer has full lawful right, power and authority to execute and deliver and perform the terms and obligations of this Agreement and all of the foregoing have been or will be duly and validly authorized and approved by all necessary actions of Developer. Concurrently with Developer's execution of this Agreement, Developer has delivered to the City copies of the resolutions or other corporate actions authorizing the execution of this Agreement and evidencing the authority of the persons signing this Agreement on behalf of Developer to do so. Accordingly, this Agreement constitutes the legal, valid and binding obligation of Developer, and is enforceable in accordance with its terms and provisions. 5.3 Authorized parties. Whenever under the provisions of this Agreement and other related documents and instruments or any supplemental agreements, any request, demand, approval, notice or consent of the City or Developer is required, or the City or Developer is required to agree or to take some action at the request ofthe other, such request, demand, approval, notice or consent, C:I WINOOWSITEMPIOeve!opment Agreement WPO -8- or agreement shall be given for the City, unless otherwise provided herein, by the City Manager or his designee and for Developer by any officer of Developer so authorized (and, in any event, the officers executing this Agreement are so authorized); and any party shall be authorized to act on any such request, demand, approval, notice or consent, or agreement. ARTICLE VI GENERAL PROVISIONS 6.1 Time of the essence. Time is of the essence of this Agreement. The parties will make every reasonable effort to expedite the subject matters hereof and acknowledge that the successful performance of this Agreement requires their continued cooperation. 6.2 Default. (a) A party shall be deemed in default under this Agreement (which shall be deemed a breach hereunder) if such party fails to materially perform, observe or comply with any of its covenants, agreements or obligations hereunder or breaches or violates any of its representations contained in this Agreement. (b) Before any failure of any party to perform its obligations under this Agreement shall be deemed to be a breach of this Agreement, the party claiming such failure shall notify, in writing, the party alleged to have failed to perform of the alleged failure and shall demand performance. No breach of this Agreement may be found to have occurred if performance has commenced to the reasonable satisfaction of the complaining party within 30 days of the receipt of such notice, subject, however, to the terms and provisions of Section 6.2( c). Upon a breach of this Agreement, the non-defaulting Party, in any court of competent jurisdiction, by an action or proceeding at law or in equity, may secure the specific performance of the covenants and agreements herein contained, may be awarded damages for failure of performance, or both. Except as otherwise set forth herein, no action taken by a Party pursuant to the provisions of this Section pursuant to the provisions of any other Section of this Agreement shall be deemed to constitute an election of remedies and all remedies set forth in this Agreement shall be cumulative and non-exclusive of any other remedy either set forth herein or available to any Party at law or in equity. Each of the Parties shall have the affirmative obligation to mitigate its damages in the event of a default by the other Party. (c) Notwithstanding anything in this Agreement which is or may appear to be to the contrary, if the performance of any covenant or obligation to be performed hereunder by any Party is delayed as a result of circumstances which are beyond the reasonable control of such Party (which circumstances may include, without limitation, pending or threatened litigation, acts of God, war, acts of civil disobedience, fire or other casualty, shortage of materials, adverse weather conditions [such as, by way of illustration and not limitation, severe rain storms or below freezing temperatures, or tornados] labor action, strikes or similar acts) the time for such performance shall be extended by the C:I WINDOWSITEMPIDeve]opment Agreement. WPD -9- amount of time of such delay. The Party claiming delay of performance as a result of any of the foregoing "force majeure" events shall deliver written notice ofthe commencement of any such delay resulting from such force majeure event not later than seven days after the claiming Party becomes aware of the same, and if the claiming Party fails to so notify the other Party of the occurrence of a "force majeure" event causing such delay, the claiming Party shall not be entitled to avail itself of the provisions for the extension of performance contained in this Section. 6.3 Personal liability of public officials. To the extent permitted by State law, no public official or employee shall be personally responsible for any liability arising under or growing out of this Agreement. 6.4 Liability of the Developer, its successors and assignees. Any obligation or liability of the Developer whatsoever that may arise at anytime under this Agreement or any obligation or liability which may be incurred by the Developer pursuant to any other instrument, transaction or undertaking contemplated hereby shall be satisfied, if at all, out of the assets of the Developer only. No obligation or liability shall be personally binding upon, nor shall resort for the enforcement thereof be had to, the property of any of partners, officers, employees, shareholders or agents of the Developer, regardless of whether such obligation or liability is in the nature of contract, tort or otherwise. 6.5 Notices. Any notice sent under this Agreement (except as otherwise expressly required) shall be written and mailed, or sent by rapid transmission confirmed by mailing written confirmation at substantially the same time as such rapid transmission, or personally delivered to an officer of the receiving party at the following addresses: If to the City: City Manager City of Pearland 3519 Liberty Drive Pearl and, Texas 77581 with a copy to: City Attorney City of Pearland 3519 Liberty Drive Pearland, Texas 77581 C:I WINDOWSITEMPIDevelopmenl Agreement WPD -10- If to the Developer: Beazer Homes Texas L.P. 1023 5 West Little York, Ste. 240 Houston, Texas 77040 Attention: Dan Olson with a copies to: Beazer Homes Texas L.P. 10235 West Little York, Ste. 240 Houston, Texas 77040 Attention: Kurt Watzek J ames A. Boone Vinson & Elkins L.L.P. 2300 First City Tower 1001 Fannin Houston, TX 77002-6760 Fax No.: (713) 615-5523 Each party may change its address by written notice in accordance with this Section, Any communication addressed and mailed in accordance with this Section shall be deemed to be given when so mailed, any notice so sent by rapid transmission shall be deemed to be given when receipt of such transmission is acknowledged, and any communication so delivered in person shall be deemed to be given when receipted for by, or actually received by, an authorized officer of the City or the Developer, as the case may be. 6.6 Amendments and waivers. Any provision of this Agreement may be amended or waived if such amendment or waiver is in writing and is approved by the City Council and the Developer. No course of dealing on the part of the City or the Developer nor any failure or delay by the City or the Developer with respect to exercising any right, power or privilege pursuant to this Agreement shall operate as a waiver thereof, except as otherwise provided in this Section. 6.7 Invalidity. In the event that any of the provisions contained in this Agreement shall be held unenforceable in any respect, such unenforceability shall not affect any other provisions of this Agreement and, to that end, all provisions, covenants, agreements or portions of this Agreement are declared to be severable. 6.8 Successors and assigns. No party to this Agreement shall have the right to assign its rights under this Agreement or any interest herein, without first giving to the other party notice from the assignor of such assignment and acknowledgement of such assignment from the assignee. C:I WINDOWSITEMPIDevelopment Agreement WPD -11- 6.9 Exhibits. titles of articles. sections and subsections. The exhibits attached to this Agreement are incorporated herein and shall be considered a part of this Agreement for the purposes stated herein, except that in the event of any conflict between any of the provisions of such exhibits and the provisions of this Agreement, the provisions of this Agreement shall prevail. All titles or headings are only for the convenience of the parties and shall not be construed to have any effect or meaning as to the agreement between the parties hereto. Any reference herein to a section or subsection shall be considered a reference to such section or subsection of this Agreement unless otherwise stated. Any reference herein to an exhibit shall be considered a reference to the applicable exhibit attached hereto unless otherwise stated. 6.10 Applicable law. This Agreement is a contract made under and shall. be construed in accordance with and governed by the laws of the United States of America and the State of Texas, and any actions concerning this Agreement shall be brought in either the Texas State District Courts of Brazoria County, Texas or the United States District Court for the Southern District of Texas. 6.11 Entire agreement. This written agreement represents the final agreement between the parties and may not be contradicted by evidence of prior, contemporaneous, or subsequent oral agreements of the parties. There are no unwritten oral agreements between the parties. 6.12 Term of Agreement. The term of this Agreement shall commence on the date first written above and shall continue until the date which is the earlier of (a) the completion of the Project. the MonroelMcHard Road Extension, Pearland Parkway Extension A and Pearland Parkway Extension B, and the final payment from the City to the Developer pursuant to Section 4.4(h); (b) December 31, 2040; or (c) the early termination of this Agreement pursuant to Section 6.13. 6.13 Early Termination of Agreement. The Developer reserves the right to terminate this Agreement by delivery of written notice to the City stating that the Developer has determined to not purchase the Property. Such determination shall be made by the Developer prior to the expiration of the feasibility period in the earnest money contract between the Developer and the owner of the Property (approximately August 15, 2000). 6.14 No waiver of City standards. Except as may be specifically provided in this Agreement, the City does not waive or grant any exemption to the Property or the Developer with respect to City regulations or ordinances, including without limitation platting, permitting or similar proVIsIons. 6.15 Approval bv the parties. Whenever this Agreement requires or permits approval or consent to be hereafter given by any of the parties, the parties agree that such approval or consent shall not be unreasonably withheld or delayed. 6.16 Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same agreement. C:I WINDOWSITEMPIDevelopment Agreement WPD -12- 6.17 Interpretation. This Agreement has beenjointIy negotiated by the parties and shall not be construed against a party because that Party may have primarily assumed responsibility for the drafting of this Agreement. [Signatures begin on following page] C:I WINDOWSITEMPIDeve!opmenl Agreement. WPD -13- IN WITNESS WHEREOF, the Parties have duly executed this Agreement pursuant to all requisite authorizations as of the date first above written. COUNTERSIGNED: J1~ RJ4~&L City Manager .. Date countersigned: 5/21 od / APPROVED AS TO FORM: ClJClA~_~ (I~ City Attorney I Date: S 2. $( 01> C:I WINDOWSITEMPIDevelopment Agreement WPD CITY: CITY OF PEARLAND, TEXAS, a home rule municipality ') By <---Jon? i <w Mayor DEVELOPER: BEAZER HOMES TEXAS L.P., a Texas limited partnership By: On OCla1/' Name: DCZr\ 0 lsO(\ Title:s-r-: V IlL t>fCsll\ef"'\.t l CA. f"'('.oA.... -14- t- in . ~ ~ c::Q >< :. w -- !:1 >< I!! i'" g ;!~ i fli!i;! It lIB b i ~ .. lJ ?- m ~\j ,.- .... .53Iqq~ ~ ~ o ., g> ~ "C ~ ~ o g- o. "C o ~ ~ c.!! E .~ ~1;; ~~ <( ~ "Co ~ 0 E 0 f~ ~ iii o 6 "00 ~~~ ~ 0 ~ coa:::iO ro roo I/j,....f'- r-- ::10m to ~~ ~ ~~- .,0 Qi.~ a lI) 0."5 fII.2.o ~~E ~ 0 o 0 o o o o ~ ~- NO.... NO'" ni M.O.M ~~g~ M-~-N- is 000 cOO 0 Q) 0000 Cl";t:. ai..,fM- camoo ~"-N"--N o "I .... ~ ~_<( lri. a?~Z~ III 000 l1) 000 t: O.O.LO_ f~~~g ~~ ~ W Coco ~'~ggg :E s ~-~-g- ::l~<OOO (/) 0 N"......-N- o ~888 ,,66ci coco mt-NN cOCO 0000 ~~~-~~ ~ ~ ~co~_ o o .c >l ~ c5 O>.c ~ :g..g :g .000: x 0 5~~ n;~th cj'~ ~ ~ b ~ ~~.!!! ~~! -E--E--E 5 ~ ~ ~ :::~-S-5 'r:: 0 0 0 ~.o..a.o ~N~N >- Q. J 3_ o " .0 ~ .g ~ ~~o o:<(m : C ,C o 0 0 ;;;"iij"ifj o 0 ~.!!.!! co~tti >->. ~ ~ ~ """""" ~ ~ ~ "-"-"- c"'O"C'U Q) C C c E ~ ~ ~ ~"" ~ ~ ~ Q) ell Q) Q) (I.)(L a.. a.. "I.... -"I'" ~"'ro ~m-~- 00 ~ 2t g. ~1.(}O - "1"- ~N'" 0: M 0:). :Ev~ cil ~ 00 00 "E.g ~-~- ",,- "I ~ l!! u"'.... ~ 0 t1lV..o l!! <( ~I ~ o -g- -g :~ ~o 0- o:m . 0 o 0 ;;'ti) :;: ~ mX w >->> ~ ~ """" ~ ~ ~ :;:"-"- "0"0 '0 ffi ffi -,,~ .c ~ ~ - ~ ~ 0:"-"- ggg8 C 0_0_1.0 o. :::lOvNO) OvO.....<O Eo..... N <( - - >- Q. ~ ~<( E 0 ti .2 ~ ~ Q x ~~ g ~ 8 ~- u 5 ~v; :0 "5 ~ Ai .2 ~ g' ,Q ~~E:6l'! 4.1 0 O"C 0 oOO<Ct-- oomO"l IllDOlOlJ') :0 c.o.m.co. ~oo =00.......... ~riOlN~_ "00 0 ~o 0 .E 0_<( o. ~~gZ~ 0-0 .,0 00'" COroM 000'10 ~ g~~-~- :<v '" ~ 0> 13 ~ f 0 ~ "C-e Q; o-m ::::I ~ Q) u. '" ~ oo,,? cj~-g -I H~ ~ ffi ~.~ _ 0 " Q) "'C 0 a.. :0..... c: 0_ ~,~ ~ ',.~ rn ~em~cuo <(a.. a.. U Ut-- '" '" o or) '" '" gg8g~ 00000 66661L'i ~~Ll)~N o o ~ ~ j ~~ ~~ ~ jg ~ ~~:: ~~ ~~~~ ~~ && ~~~ "0 m -'" .D ~ ~ 2 4= "~ ~ ~ m l) "_ t- ~ t-.s > ": "~ ~ ~ g ~ ~ : 00.....1 z '" "' "'- N "0 ~ o e "- ~ ~ " Attachment to Resolution No. R2000-65 548.9 ACRES Planned Unit Development Pearland, Texas Prepared For Beazer Homes Kerry R. Gilbert & Associates, Inc. August 13, 2002 548.9 ACRES Planned Unit Development Pearland, Texas TABLE OF CONTENTS INTRODUCTION o AREA LOCATION MAP (Aerial Photo with Property Boundary) 11. EXISTING CONDITIONS o SITE DESCRIPTION o SURROUNDING LAND USE o SURVEY o TOPOGRAPHY MAP o LEGAL DESCRIPTION III. GOALS AND OBJECTIVES IV. PROJECT / PLAN DESCRIPTION o LAND USE o REGULATORY COMPLIANCE / LAND USE CHANGES o STREET CIRCULATION o UTILITIES o AMENITIES / OPEN SPACE o PROJECT PHASING / DEVELOPMENT SCHEDULE o SIGNAGE o EXHIBITS CONCEPTUAL MASTER PLAN LAND USE CATEGORIES STREET CIRCULATION PLAN UTILITIES MAP AMENITY / OPEN SPACE PLAN PHASING MAP LOCATION OF ENTRY FEATURES TRAFFIC CIRCLE PRIMARY ENTRY FEATURE SECONDARY ENTRY FEATURE GATED ENTRY / VILLAGE ENTRY DIRECTIONAL SIGNAGE I. INTRODUCTION This planned unit development application was prepared on behalf of Beazer Homes pursuant to the City of Pearland Zoning Ordinance related to Planned Unit Developments (PUD). The purpose of the planned unit development is to encourage flexibility in the use and development of land in order to promote the most appropriate uses; to provide a high level of amenities; to preserve the quality of the natural environment; and to provide flexibility in the development of land subject to the development standards, coordinated with the provision of necessary public services and facilities. The 548.9 Acre Planned Unit Development (PUD) is a mixed use project located within the City of Pearland, Texas. The property is physically located south of the Sam Houston Tollway (Beltway 8 South), east of Old Alvin Road north of Broadway (F M 518) Clear Creek traverses the eastern portion of the tract in a north -south direction. The aerial photo on the next page illustrates the location of the subject property. The City of Pearland owns two tracts of land totaling approximately 21.8 acres within the 548.9 Acre PUD. These tracts consists of a 15.8 acre parcel located adjacent to the proposed Pearland Parkway on the northwest boundary of the property and a 6.0 acre drill site located at the extreme northern boundary of the overall property. The City of Pearland is a co -applicant to this application in order to include these parcels within the PUD. The 548.9 Acre PUD will consist of a variety of housing products and price ranges, integrated with over 75 acres of lakes and other community amenities. II. EXISTING CONDITIONS SITE DESCRIPTION Consistent with property in the region, the subject tract is generally flat with elevations ranging from a high of 46.9 feet in the extreme southwest corner to a low of 37.3 in the northern part of the tract near Clear Creek. For the most part, elevations across the tract are within the 40' to 43' range. The property possesses a few pockets of vegetation indigenous to the region, some very dense The aerial photo on the next page illustrates the vegetation on the site. Physical constraints affecting development of the property include the following: • Clear Creek and its attendant floodway and flood plain traverse the subject tract severing approximately 92 acres from the main body of the tract. • A series of seven faults have been identified in a study conducted by Professional Service Industries, Inc. The faults, which occupy the middle two-thirds of the tract, cross the property in a northwest/southeast direction, generally paralleling Clear Creek, and are separated from one another by distances ranging from 300' to 1100'. • A drainage ditch enters the property at the extreme southwest corner and traverses the property, generally paralleling the southeastern property line until it turns easterly, connecting with Clear Creek along the southeastern property line. The ditch will occupy an ultimate easement width of approximately 170'. • A triangular shaped out -tract consisting of approximately 10.8 acres is located along Old Alvin Road and the western property line of the subject property. • A proposed thoroughfare, Pearland Parkway, is planned across the middle portion of the subject tract, further constraining the development of the property. SURROUNDING LAND USE For the most part, the property immediately surrounding the subject tract is currently undeveloped acreage. The lone exception is the City of Pearland's public works maintenance facility located on Old Alvin Road at the extreme southwest corner of the subject property Other existing land uses in the vicinity of the subject tract include: • Linnwood Subdivision, a single-family residential development located approximately 700 feet south of the southern property line of the subject tract near Old Alvin Road. • The Barry Rose Wastewater Treatment Plant located approximately 1,100 feet south of the southeast property line of the subject tract adjacent to Clear Creek. The land immediately north of the subject tract is owned by the City of Pearland. The property consists of several hundred acres and was purchased for the purpose of providing regional drainage detention and expansion of the arterial transportation system, including the extension of McHard Road and Pearland Parkway to the Sam Houston INC. 4p 4 4, m 0 ct w z • �ltlM)12itld aNtll a3sodoad' 1:11/023 NIA1V a•10 +3NO 43131 -..raia-----�-•�� -. LI i-.ilk.• yw� 1711 0 Hid hl 14 1 0 c 8 8 • Wit. • U Z W I_ a U 0 co as F- IY w CO J [L' r CC W KE.RRY R• N O o fro NO O Q �a Z LL1 0 2 O 20 zzz Q a� T W 00 Ozu) F 0 0) F W 0 W 0 ~ — al .10 a< Ow -w -ax ZOF Q w 00 J W � zaW O aF ce O Zx cc00 pQa 0-0 Z z - o Wz —00 Q wF F Q ZWU wpOQ w aazo auoz 2' w i5W o wwF w-oz - Q Q - aaoa Q aFQ • QQ� ")w_') FZFF u 2 mira OWNERSUP PART/11971 146 THCA/AS P. Al Cor,(14.-9 0.4t0 eEITTE 4. ALEXANCEA 10 teal ALEXI/10ER FAMILY •ETD. FANTNEHSHIPI • (96-14144931 ODOR) • • • 12....18A T•106...:.; • Flq5:1•.9.4.1RySTATE Dm: OF was, u.a • Ilit149 "4 BAN iN•Flt.., • (92-99703BCOR)... •PAIRITsotfua2.44-:: • P.ESTOTJE OF • 4 :t MARY••AiENANCERISARItiffrt..% Bo -Altar AraervioEs INC. (.1-•724.63:1- ' 09845,...m44) •••• TICDP ' 09-:08-198.4. PARTITION' No,. 1 JOHN .4.113.ATTOCR, FRuSTEE PATRICIA AUXANDER ViCOD LUX.. 15943,..P0. 1 to (icon) (4-• 192958 198-00•- 1407 11CDR) 09-04-1981 PARTITION Ito, 4 JOHN ALEXANDT.R, TRUSTEE SUE ALEXANDER- MORRASON. c•Tras. SUSIE ALE/WIDER MORMON VOL, 1690, PG. 93 eon) (H7178351 197-91-2325 HCOR) 05-04-1501 1.01 Fa PORTICOS OF 3.34 .k AC MASORA COuNtr HISTORNIAL MUSEUM retniatnoN 40 '0404,4415 P ALL7.47/DER JR. (93- 036860 BOORS 10-05-1993 LOTS 9 12. 13, 20. 221. 27. .s.b a• PORI 0/4 OF 20 CAROOTT CUD RIJOEW, INDEPENDENT EXECUTRIX TO me ours Qv PEARIANO (a4:-o4o2oo. SCOR) TO-31-1994 LOT 41 DUCTIESNE ACADEMY or • DIE SACRED HEART TO ,..TTY OF PEAMAND (35-001898. BOOR) 12'-20-1994 1/6th :NTEREST LOT 43 CLEVELAND DAVIS; JR. & MRS PEARY. TRUSTEE TO CITY OF PEARLANO (94-045170 DOOR) t -22-1904 (TIUCT AO t MIN INTEREST LOT 43 AshE FASTTIAM IOUs TO LITT OF PEARLAND (95-002854 BooR) -22-1994 356 GP 1/6Th INTEREsr MAREITCE C. MEYER To COY •OF PEARLANO (94-045)71 BCOR) IT -22- ;11 1101: SAUT • YOLISCPPOR TO YUL • YOUSF.FROR (95-D243518 BOOR) It-TS-1995 PORTICH or tor 29 cm; or PENTLAND TO SCOTT St - G.O. 54.077, 111 T.96-040354 ECM° 09-12-1996 COMMENCING POINT CRY OF PE/PIANO 613S MON. NA 6 13774749,066 E: 31477 cA JOT _ • . • • °MY Orr PEARLAND r. 13712057.3D9 O 31419 17.44 1 (svp -"two •-•-• Biro tp,.. :Jr rArr r 9 `w:1110E j2,44‘27 '481639°) CONIROL BENCHMARK RIR RAW 19138 ADJUSrMENT: ka-sofl 1;24-7.r.1 A FLTAC-LLCMED S7AWLESS STEEL ROD SIATT .n17 milat$L1 1•786- LCC.A TED AV/7 ME LYTET7SECr/Grif RTC .ttt .11. .T.NLpoo AM) AKcivoc.1A ROAD. ELEVADON 46.020986 QM) BEFICHUARK F01? Novo 1973 ADJUStMENT• • 14-M.E. flE!AQ.A =tr.W.LcoaTE PONT [COMO NEYR iNC INTERSECVON CF T1it.:t1;:.t St.; P'.1•10.0,0. AIM NATO T (FM :.:ESt a EON 'RN .2•-•.55)• • • aLleATION .4600989 46.4) ae-V4TIOy• ...A9.28(1973.A.00 • ackciemARk- rodi tes Athisrithir: • . • 8114CrA' DeS147N.COhltgE7E POST LOCAIEO'nr,AfigHE . . • porkstre ricw . or F.4( .1,18: ANO 37ATEM73/tME 35.- (FEW • • • . . • • • . • • •0 LINETABLE LINE otskrAtict BEARING , . .. bo.376 TT 7201142* E U P2.02 0 orocTS° c . L3 . III ce 2 1.7.0140" ti - ; 41.41", . 7 0222'14' E : . t5 • . rksit . s let3This E. , ; 1.6 ••• .. ' 17.34' . t.' 2,41Not C -, . . oast . s Erso:Nr X' to .• tso L21 • 3 MMT11* E. 49 • ;Lir • • S.44711117.F. ' •• 1.10 - 109 S.0216;09T E''', 0. :II. . I63.05• ' .•2 . .• 041•13•15! TY itiyAaaa.t•..1- gat AMU •• 11; . ,:...ELEYAPON• A977.90973 AA') . . . . . . . . ; .OLD . ALAN" ROAD . • . . . RIGHT OF ,WAY. • ' EASEMENIS SIR/P. OUT. OF LOT 98, ZYCHLINS:NI SURD. JOHN ALEXANDER:TRUSTEE 70 „ art OF PEN:TURD (VOL. 1475, PGI 837 8CDR) 00•-10-197,9 • 20' STRIPS OuT OF LOTS 4,5.8 & 7 %marts PEARIAND SUER). JOHN ALEXANCERe.ITTUSTEE 70 CITY Of PENTLAND (VOL 1475, PG. 941 OCDR) 09-10-1979 40' spun OUT OF LOT!: 25.31,96, & 97 JOHN ALEXANDER; TRUSTEE ro DIY ijr PEARLAND (vOL. 1475, PO. 8413 °CUR) 09-10-4979 NOTE: THE EASEMENTS REFERENCED ABOVE ARE EWEN THE EXISTING, RICHT OF WAY OF OLD ALVIN ROAD AND DO NOT ENCROACH THTO THE:SUBJECT TRACT. nassioNA •/CAP / F7:04/5°17 • WCAP nitortfei 4/CAP 2 :: • 3 \ 104),. ASSN, of,/ CIP) 424 42 31 w. Flil.I/21it 4 nTO-SICTR 'TOM. • .5 Cp c) rnain met) 9 1 °001 - 4. 104.6 31"CP 1111 / T . " A 1s i -/ - - i l - L I.oltR.,sr9 , 1 21 -10FT! 1 g7 rPt- )S 5 . 0Q<2-c4i1.r,)4I 26 3l/ N4S.•3:; ill -nfr..N.. 3 .2 • 11 /4- I7- O---. KS -c IIl 2 22. 2730 & RTION OF 29 6MNDDYI ....(- 46.y _sit . a i 1 5(el.1% l 01." oo.o -Zoo -..-• i r= ' i 1 c p s 2 1G U , tMDEPEWERT FAECUTRIX 4 I 10 12 tHCITY OF ?FALAI° I • T•1/4x*t, v, 27 TO\ i(04-040206 /COR • 10-31- 094 - . 6 1 I R 4/er I 2ATEORUM Y Oa:e PG. 21 S 242SO) 9 13 4 1 ; t 1 5 4 5 8 LOT8&t4 SAUL (016EPOR 10 yUL YOuSEPOR (95-030525 OOR) 11- 4 4 l f .35 z 2,1 , I • • . . • • M9R11014. OF tOT y9 & 40 T. •.,1 . • .1 tl ElLsitrALI LENS Io. THE Lein OF PEARLING I (SS-003954 BCOR) 11-22.-M514 22 N . 21 A P P y I OXNELOCATON OF PROPOSE) PEARLAND PAKWAY PER PREUMNRDRAWING PROM FREESE ADNICHOLSINC. w/CAP R O 1W / 2 1. )- 1 P.O.E PR710N No.2 MT OMP2r411v il 074f51 49374' .rA . R=1953,66. :A03314r .*I20,551 Te60.2918 LCa120.53. CBtN Ot27.45° W 4 - A1 2 L4 L-4 I o4 1 6 9 n A7 - ia Tsrt 1 Eu4.9 1X. 04' .8t9 S 4 OC 0 S 0 0m0 D 41 u 0 E 1 ' t D R 4 • - E ECt R 4. 95 , r wws pAuyy0u. • I U. LTD. PARi • N871157" • - 2 - . - 1,0 - . .„ _ , „_ . a •ia t1s 0n • s m Th . - f s 4s 0 ot ' • rPE r t1 o ht rT 1 'w 1 0 A e: n t a 49 T ) 9 -:-1.tl• .• 96escreoen, talY0X40 t41•00. Ar. 14 984.16 • • 17( 160 05056* WCi .1 . ..... . ..•kt: *beral° 44.°441. I • R C..• rt. 241 & :AVOCA) 1 r. M tV- Meat wows „„. 7S. F13, XII it 242 ENT •SAVY 490.19. C6..) CALLATTAI. 1/11; s oriVF WZ5541 509 lob OP.A NGE TRECT UT 3 440 . . . • 44 I ..... --t . IRPROXII/ATE LOC-ARON OF PROPOSET) PEARLAND PARKWAY PER PRELIMINARY MAYANS FROM FREESE AND NICHOLS, INC. "••••••••• g 37 , 44 FT0.5/6-A MC» V t 1 F .12.= j1.211D111.• AGREED IJUDGELIEHT TRACT. 5 EL FRANCO ISM ,A)HTI a. 'titlYtt..1/1.. cr Al. TD1 PARK HARMS COUNTY•FLOODFCON1ROL DMTRICT R-254525 , 507-65-3014 12-09-41/94 o 4 ,AGBEED .8111GEMENT' - '• JOFINW from•; Kr HARRIS COUNTY.. :FLOOD CORI/IOC. INSIRCT •• IT'L•254525. . 502-65-38;4 • 1V165324ov 0914423.- t 787 Hcop) . • . : • 07-1z-1952. • • AcREF:iifiithrilkur. • • ;• cAup 2/7941k: AcKS • . • • • "saw a mast -at • ET AL • IWI WCOUNTY rtoco CONTR.& oiw:cr 9.294529 5612-65-3814" . 12709-T994 , • • • . ROA PARTITION NO.24-A SET.SAVAT or/c4P nalrlu . oritie t PARTMOU NO. A. k ITEAM`EPS or TIC comulunE or ClUit CRELK PER (97-1.703 nos) l • c tialtiStat' AppRoxotgla twos Ao :v. Rat/CAM IN ZONE CIE- PTICIPOS£D 15410 0.0VOTACE EASIMINT p; PARTMON NO. 4 14\ JOHN •Sur,oisfittii, TRUSTEE SUE ALEXANDER MORRISON. ../ 4.-- 70. ILCS.0. (ASEI0611 12 (wit. 21S74,4Io. 475 Rom) 01 "S. A. -\ -6.:.:4".i).)::.01::/ . ..e. 4) 'leo / . 4.krte ." ‘‘-T;.:76 AY (S,•:‘ 'lit 0 15( .c);acto.r:Citcri•lott:4:::::.;?/ ezil;;; ! a.k.a. SUSIE ALEEANDER MORRISON (VOL 1596, PO. 93 [ICOR) (H-1.78351 197-91-2325 MOOR) 08-04-1901 ELEVATIONS:A' SHOWN,. BASED ON - *. NAVp- ,.1. 96682 ',OJOS:1746'NT J.11?..1:96*.M. 89.14 .1973 . 400. ' . Sol 44:et E...4........._ ..:-----4 .. .. .• •, . •• • w •• • • • • : JOHN B HoItDAY. AR. cit-21% -coourrorwsinic • • • • ' •• e• oar os HOUSTON (J-653244 091-93-1707 HEM) no. /rot 97-12-1984 LEGER, TuwAX*1 MP CttRO RUM cia flOpltait DOW GUY 24t1T WATRXE PIMA POLE FOIE 11011•ROTT ROE YALU STREET 2/011 MUT LIMIT IELEPPOIft °MUSTN'T • .....ti ....... 101/0A.1111,611‘11 F'• !TOTES: 1. THE SURvErow 11/2.3 NOT ABSTRACTED THE SUBJECT PROPERTY. BUT HAS RELIED ON THE COMINTMENTS FOR Far II1SuPANCE ISSUED 137 MAAS LONE STAR TITLE. L.P., CI'. No. 399-00-100A. GATED 06-08-2000, Of. Ilo. F: .39R-00-1005. DATED 04-10-201.23, OF.-146. .31o•-oo- mos': •1- :- DATED- 05-20-2000: &G.r. No. 399-00-1098, DATED ' 06•701.-2000, WWWREGARD. IOE RCDDREI ENCUMBRANCES, •THE -PROPERTY SURyerto is rrmt osscwhso. IN °- . - • • E. SCHEDULE A OF SAID- COMMTMENTS MiD °ME EA.IETIEHTS„ -RIGHTS-OF-WAY °TT OTHER AM/1M5M. SCHEDULE. DARE SHOWN HEREON' TO ME EXTENT THAT SUCH ITEMS• •'- 'CAN.BE.1.TICATELIT OrPLTITIED, s• : . • 2. THE SIADJECT PROPERTY SHOWS N ITEREOIS. LOCATE-D Tti . ZONE "te, ZONE *A -SHADED- 14 UWE 'AEA (FtOODWAy) . ACCORDING TO. THE FEDERAL ESIEHGENCY MANAGEVETI7 . AGENCY EIDEN) INSUFANCE PATE YAPS Ha; 03201C1055-X1%. DATED- 04-20-12000 tNo. 40039coos.5-4, omro 09-22-1999. fros DETERWNADON. 'AS DEER MADE BY SCALING°. ME PRCHREMY T.Iti THE REFERENCED MAP AND IS 1 OT A RESULT OF AN ELEVATION SURVEY. 3. THE BUTLOINGS OP ImPROVENEWS SHOWN HEREON REPRESENT THE otfILINE AT GROUND SURFACE: LEVEL. UNLESS -OTHERWISE NOTED. A. THE UTILITY APPURTENANCES ( LA- tiGEly 0000. 10415. ) SHOWN HEREON ME RC% MSIBM Al ME NYD OF SURVEY AND 1•TAT Mr RE COMPLETE COMRAC.ICR TS RESPONSIBLE FOR VERIPCATION Cr LINDEROROUNO OPIATES 5. TRACT SITONN HEREON SITOJECT To my or PEMAAND BUILDING °ROMANCE. 6 ME elmaiS OF BEMINGS SHOWN IS REFERENCED i°0 TEXAS STATE PLANE 90099141/14E STSTELT. 200111 40041Wp.., ZONE. AS ESIABLISHEO � cote or PEAFRAND ORS MOMPIENTS No. 5 & 0. 7. ECI)NOPPY INFORMATION SHOWN BASED Dt1 SUM ;CY OF TilE T.H. ALEXANDER ESTATE OY FISHER CO.. INC . DATED FEBRUARY 27. 1901 & REAMED MARCH 20. 1981 IC CONVERT STATE RIME SEARINGS TO OrAPMCS SHOWN ON THE FISHER SUIDatf. ADO 02.3.6'25' TO NE & Sly REATTINGS AND SUBTRACT 02'3625' FROM NW & SE 8EARNGS, DISTANCES SHOWN HEREON APE SURFACE MID" CAN BE ' CONVERTED 10 MUD OY VITLIIPLYING Or A COMMJIED SCALE FACTOR OF 0.999874. 9. TRACT• SHOWN HEREON MAY BE SUBJECT•TO 474 UNLOCATED PIPEUHE FASEmENT GRANTED ro- HOUSTON PIRELME CDIRANY (VOL 3243, Et. 03 UCLA); SURVEYOR; FOUND.. SMRCADE • EMIDENCE OF PIPEUNES CROSSING THE SUBJECT MACY 'EXDEPT AS SHOTTYL. • • • • TO. THTS 51.1EIVEY PLAT.1S- ACCOMPANIED 97 A SEPARATE ACES AND. BOUNDS DESCRIMION PER TEXAS BOARD DP PROFESSIONAL LAND SURVEYOR'S 'GENERAL RULES •OF PROCEDURES AND;IMACPCES- gclioN e.53.194.93.• 0154&/2400 5320 DATE ERIC NREINER . FLEWS. No- . . . 1 HEREBY. COURT THAT 1199 SURVEY WAS LIADE ON .111E CAOU140. oN 07-102000 . MD THAT IHM DRAIMITO SUBSTANTIALLY. ' COMPLIES WITH THE CURRENT. TEXAS. SOCIETY' OF,PRMESMONAU SURVEmRS ST.,„ANISA__ROS. AR.P. SPECIFICATIONS FOR A cATEMDRY Ie.: COHDMON 2' SURVEY. . POST CERDFIOARM, IS REM(' ED MD Tirtfi .5uRvEY: NULL AND . VOID, If THIS DOCUMENT ..rs: ALTERED, N firr. MWHER..20R. COES:MOT• `d SUR AN ORICIRM. SEAL AND' SIGNATURE OF • . • • cer4.. DAVIS & 1%4 tate RAT r"AS :o.4h- LAND SURVEYING 121-452-plie SCUNDARV. SG., PARTIAL tOPOORAP.NIC soui3vcy, • 527.062 ACRES sour or TH,E. CAA.: HUNTEW 5URVEY;04.--26 ° • •.N:TAB R.R. SURVEY; A-231; - PE/IMMO; .8R4.20Rth .& HARRIS;coUNri.. itxks 0412.: 01-17-21:03 °Z4le 1‘.201 tb Nil 2C-•14.0 :DAS LCAt t,m HIS: •.• D : FAN1 C OWIILRS1T1f1 PN11110t1 110 1 III1)415 P ,IC YONDER AIA DET17t 14 ALLIANDLR 10 1 M0 AT.Exud I R rA1ntY 110 PJRrnr t.P P (00 - 417)11 W OR) 1PARIR10$1110 2 FIRST RII(RSIAIL WIN 0f If 0.5. 11 A. IOU LI WN10 &/WI 1E11 WN70 (9 - 927, 31 DC R1 01-2 PMlitsOt1 Ito. 26 RES•OVE Or u,m µC114.110LR WOLIFI (1 CON TO OARTLEIT PROPLR1CS uM. ()-724631 I�a6.6S•061/) 09.06- 1991 PM101011 119. 3 J01R1 ALEXANDER, 1Pu51(E TO PAIR[1A ALEYATarIR 4000 (Sol 1596. PO. 110 US 1C41 (it-192916 191-61.1407 NCOR) O6.01-1961 PAunl'Otl It, 4 JO1P1 ALEZAi .t14. !WSW' 10 .u( ALEXANDER 7M0n.441 a A 0 SUSIE ALCYNIO(R IIORPI•.VN (.OL ISIS. PC. 13 DCtR) 04-176SS1 197-91-2325 /IfO4I1 06-o(-i98t U tot 41 & PORNIO:1i Of :'1 & 10 8PA:C4tA COUNTY 16SIORfLJt WJS(UU fail/DAWN IIICA441i P IUOLwt. 'R JR (93.O370:to 10-4.S .1193 LOIS 9, 12. 13. :If 21 •' 21. 10 & PMtl04 t/ :1 CAIOLYIT CRMG ;NOD,. WD(PEuO(IC EICCUtmr IH( Cnr Or PEN4ANt• (94-040700 ncOR) Io-31-1094 1.01 47 O.,*rid ACADLW OF Olt !ACM() IILARI 10 • 111 a rem/LAND 1..-00I999 0C0n) t7-20-1994 l01 19 SAV1 SO(35tfIVk TO tut Yl1Us(tCC11 {95-03851a 6ri q (1-IS-15)5 POkt,O4 01 101 10 Car C+ 41431441iD 10 •:. tli •a:011 & '• (• SC')I I. A I•. 040314 0C0ft) Ch-17-1716 (2) !4lt'•I'A(5) 1e4 l:• • (d1 C 11AA101, J 1U .i(RJ•r V 'lei l:t$ 1.90 I' 1!9 'C110) 1Y.• :•-19/1 50un1 : 1 WA. �YJ : 4 OF w4.51 1 ': 1 •( 'a J 1 utlft04,21 10 105, •••••I14; :DA) •,n IqV 1 6 unrhf51 1a,1 :Oil ;177 Ir.t: t RA•C llVi/ .IIFII in LN '0 ti.t 'u (14-W1Pot te.•h) 11 :.•Ir74 10 • o:tatM Itli(R4st 1 iil$)14 Or lot 14 1RAP1 e end. (A5111•.'• 11M5 10 nlr or, • f 4r, A.YO 11-::-19d1 1.:Jl(R51 PLy.1•94 Or 101 39 R (a Watt n (tun i(nit In (n, Or 11 • i.'ni T96.04033'. I•C.`N) n5-70_•l06 4•, 1 (,NIit f Mg' of i.'11 4 $ 6. Se; Of I/6te na(P(St l0, 4t (v 67Y) :1AJJ Otl(1<e1S. M, LI 117 10 ctrr Or rrARLANo (O/ I• O,Vlo l99�OR) 1/610 IIa(0(51 LOT 43 (16.Wx) ITORASN40 0AV15• JR & fORi' 1'LNRY, ImEtt4( 10 Clir O( PLARLN+O (Yli 047J799BCOA) RAC 4 I/1716 ul(((TR(5I LOlNI 43 (813Y1 ALt,L (A 1ItTNJ LC %S In CITY Of P(ARIMD (9S- OOb549OCOIN 35; Or I/6m ufEPtSI (Selz) CLAnruc( C. 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Joldl 4((Yg40(R, IRUSTL( In tar of ttAPtitO (vot 1475, i•0. 637 °CC3) 09-10-1979 20' S1Pi'S tin Of LO1S 4,5.0 & 7 Y+µC01f5 MAIILAND SLAM J01174 Al(7W10(11, 111011(C tar Or T0 PLARIMO (VOL 1475, Pc 841 UCOR) 09-10-1919 40 515..PS OUT Or LOTS 26.31,96. & 9? 21t1R6r,ki Su00. JOIPr µ(x,JI(XP. IRUSI(t TO CttY Of PCARLAHO (Silt 1475, PO 848 OCM) 07-10.1979 1 I.'0 5i 0'✓. /CL11.1, / 1 Rf• S/81' • r,n 5.'14111 ./04• + 5. =141/4G6119'u• ,S Till 'R✓ •_ I I • tt i'^ • __-- '"fi �(WS15 0T 1R'00' W Sim 0 9,:e 'Liu) 4 •1 l.. Cal I&i11(1 / r r• •tn 4b • • 10 t7 T } l I. , • 1 10' nreirMr0 RC ADICAY -r•' r?11»Pin 3 / } / / ' ,/ i } 4t101. JS, PI; 741 & 24? "on) I } 34 } } I �5 tor73 74 ,It 75. 31. 33 & 31 38 / „AS.) ?3 ! L015 1, 11, 25, 32 & SS •-(ORIU 41fVN1�O )CLEY DuC✓IIEV IIY 4( PIMA, Pit/ 1 1 /102-1994 1Y, 1 1 •.\'`+ IItJcity OF Mtsn l I33 qFhit?. �'� - -_ I-- / r7it 0-- - 11 11144 _� 1f7 - „i. ... -gemr 40• L{GCA1(0 ROAOIUX 1 � 4I• (VOL. 35. 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JOCI 113 POI •141 iron Au 1 31r1111 9 ('}I nri't:oilian1E LOCA110t1 01' PR17f'O-10 1ACNARO ROAD PLR I)RCLII.ti11MIY ONAYIIIIL' f (t(A. ran -ex AN130)IICIRIi',, ITIC • • • oo • •1 • -• • IN- 27 ▪ 4 an 1') CAS)) or4?'nu' 1/ .! 322 61• Its I n 41 & :4: ,. 141 .'..d **'GIt, -SMso -•l 11 •'tt• ▪ 4 IV'1 • Lpieoposto t•r2131 .‘3411 :51.1 OA , AND 'wryer 11.1 AL 1:10111B JOS 98 am Grit tat ftlit • 99 100 • , • • • • I. ger 141/14 • • • • • • • • • 41,1 ski tom .le wto TRAC wit AP lac • • • • • • • • • • • 102 • • • • • • • • .09 • • • • • • • • • 13 3 39 • • • • • kk‘IST il:AlfosT4E" no 10 1.01 "eel 1, elles TRACT • • • • • • • • • 0.41 • • • 44 11 1 Olt pens \ AREA (rat NM Ns • edrart 774 II Ct 6.000 ACRE TRACT 5\1'2 'to viral (1:::: -s.1' \NNt :.•.:.11 / V: 1 r Vik.c, citil‘ti - -1. . / 17-Re 5P: ETSR :51131,14"M-15-6r-pr °Alt: 1 1E41611031:1}T}Tarili riiNDHAogil-A.9:-\1;.12:EIN:1-INICHillii:111 1 frfi 110 Li 6.000 rld) 5/5.0 Is/CAP (St/AIRED • • • Mitt 0 • • t?..ifits1:1 - PM:11111)N flc• /3 / It. . till: 111 AL r 16%11 ril it. ;RUSTLE . . 1 4:11;411.1"4"ti.k i3SUSEUZECXAAllj LIII:PAF.NITlitlir 1110SITIlli",• al / .43 eoctila ttly • 10 AGREED iDGEHENI MAGI 4 TO Tau • 7150 -23 PARTITION No 2A F LOODWAy IN TOM • • • • • • • • • • • trr 41 4.1 • JOHN B, mum, JR TO coutoy or Hums & co( Or HOUSTON • • a. • • PARK Oa Cr. • • • • • TO re • • - • / • C441.41Int "1/4 1/2-111 • 11111 D1S1ANCE: DE APING se • Lama r nut inormi 'Ault, Weil • • // C. 1 DAVIS ;AN. es: rEr tIr :11AI :1)1;11 1.;Ti 1:11111", 71;i it .1;11 :1•47.1 1:0 1111; 'LAI AM IlIGNAttilli Of RI ',RESENT oft OLIN IRE Al (131(641,10 '3unrAC r LE Wk. SHOWN 111REON 1110".1 VISIBLE AT THE Melt Of .fr•Nr. AS CsIAInAiro City or PlAPT AHD CPS EAR1140e. 10 HEARINGS St iOvitri IHE FISHER SWIVEL Aim 02936'25" TO fig SW BEARIIICS AIM SUBTRACT 0.031; 2S- riM13 MijiltitLI:1(oCAIED i • GRAFI !MAD. %YETIANDS OWN( Afton AND PM -WORD 0E1 t 1111(11i • 1.3011NLIARY SURVEY PARCEL5 OM or Anti Ill to.19•41: tp i 4 Ki� I NO, P�a9d` N X g •—cc 0'0 0 Otwo tl _O �O o a LLU X L -41 rat T X cn a) 0 PO 1< 00 aX at X Cn a) L 0 r< 0) 0 -1 1 irk\ ?/i., 41%4; \- \k, .ga %t'1/44 N ,i1►,� dX r • \ t ' �� 'i E c1IL '' �► f ql ` ;'r . ;� �;. �.). >• t• s� , ty a •� .�-�,� ���,�1-'` In it tom- 'IN:8 "tr .TI ac tnit,� ♦ i ; ��. , ‘Afr i) / l':47 h‘jsi r al. it# vils‘c '1!JIMPLIT / • atilt apv„P•rifr. rt.) r !tr..; 1.1 statiL<- y ti - �alll. 11 r t, cyst a I ILL JIf i `0ce NJ .ia�L a. I G: ]14, ' aIr_ 1 ice. atm .I;*- A 1:.11.1 -7I 'w: �1t .aaaa_ .4ra 6,0 :ill I'' �! CI i - . ''..IL mot. .1■I'.r .ti E.+rTtJP4 `i1 j 'u :5? 'mayy-R1 id d iWibleit ,.w,�I i-h \i it:! III r : .. Z 1l`_ •lir• ia. X N V cno l X qX 114 $ff#NOLLV31JI33dS$ DO$$$$$ z a A z w OI 4 oc aye Lit " ;1 • ark Ten P • • METES AND BOUNDS DESCRIPTION 527,062 ACRES OUT OF THE D. H. M. HUNTER SURVEY, ABSTRACT No. 76, BRAZORIA COUNTY, • • ABSTRACT No 36, HARRIS COUNTY • AND THE H. T & B. R. R. SURVEY, ABSTRACT lva. 233 • PEARLAND, BRAZORIA, AND HARRIS COUNTY, TEXAS • • All that certain 527.062 acres 'out of the D. H. M: Hunter Survey, Abstract No. 76, .Brazoria County, and Abstract No. 36, Harris County, and the H. T. & B R. R. Survey, Abstract No. 233 and including all or a portion of Lots 6, 7, and 15 — 18 out of Walcott's Pearland Subdivision according to the plat thereof filed in Volume 35, Page 241- 242 Brazoria County Deed Records and a portion of Lots 96 — 102 out of the Zychiinski Subdivision according to the plat thereof filed in Volume 29, Page 43 Brazoria County Deed Records and being those same tracts described in a deed dated 12-18-1996 from Thomas P.• Alexander and Bettye M. Alexander to T & B. Alexander Family Limited Partnership as filled iri Official Records of Real Property of Brazoria County at Clerk's File Number 96-044931 and in a deed dated 01-23-1992 from First Interstate Bank of Texas, N. A., to Nal Li Wang and Ban Yen Wang as filed in Volume (92)997, Page 03 Brazoria County Official Records 'and in a deed dated 06-04-1981 from John Alexander, trustee to .Patricia Alexander Wood as fled in Volume 1596, Page 110 Brazoria County Deed Records and being a residue of that certain tract described in a deed dated 09- 06-1984 from Mary Alexander, et con, to Bartlett Properties, Inc. as filed in Official Records of Real Property of Harris County at Clerk's File Number 3-724634 Film Code Number 096 85- 0644 and being more particularly described by metes and bound as follows, with all bearings expressed as grid and being generated from the Texas State Plane Coordinate System, South Central Zone with distances expressed m surface feet; • • Commencing at a found brass disc in concrete stamped•"City of Pearland GPS Monu 6 1995" (N 13,774,749 068', E 3,148,704.854) from which a found brass disc in concrete stamped "City of Pearland GPS Monu 5 1995" bears S 04°. 33' 51" E — 2,670.57'; Thence S 76° 33' 18" E 2,964.39' to a set 5/8" iron rod with cap on the east right-of-way line of Old Alvin Road and marking the southwest corner of said Patricia Alexander Wood tract, and said point marking a point on a curve to the right having a radius of 1,956.66' and a central angle of 03°. 31' 48", and said point marking the POINT OF BEGINNING of herein described tract; Thence with said curve and the east right-of-way line of Old Alvin Road an arc distance of 120.55' and a chord bearing and distance of N 04° 27' 45" W — 120.53' to a set 5/8" iron rod with cap for comer from which a found 1/2" iron rod (disturbed) bears N 69° 52' 05" W 1.31; • • Thence N O2° 41' 51" W continuing with the• east right-of-way line of Old Alvin Road, passing the northwest corner of said Patncia Alexander Wood tract at 493.74' and continuing a total distance of 1,418.51' to`a set 5/8" iron rod withcap marking the northwest corner of said Wang tract; • • • • Thence N 87° 11' 57" E — 984:18' (deed 984.74) with the north line of said. Wang tract to a call and found 1/2" iron rod marking the east corner of that certain tract described ina deed • dated 12-18-1996 from Thomas P. Alexander and Bettye M. Alexander to T. & B. Alexander 20-141E M&b.doc • Family Limited Partnership as fled in Official Records •of Real Property of Brazoria County at Clerk's File Number 96-044928; • • • • • • • Thence N 48° 23' 49" W - 1,375.16' with the common northeast line of the H. Ti . & B. R. R. •Survey, Abstract No. 233 and the southwest line of said D, H. M. Hunter Survey, Abstract No. 76, and the north line of said T. •& B. Alexander Family Limited Partnership tract (Clerk's File Number 96-044928) to a set 5/8" iron*rod with cap for corner on the east right-of-way lire Of Old Alvin Road; • • • • Thence N 02° 41' 51 W — 940.77' with the east right-of-way line of Old; Alvin Road to a call and found 1/2" iron rod for corner on the south line of Lot 8 of said Walcott's Pearland Subdivision, said point marking the northwest corner of said T. & B. Alexander Family Limited Partnership tract (Cleric's File Number 96-.044931).; ' • • • • • • • Thence N 87° 10' 37" E — 2,256.18' (plat 2,258.18') with the south line of Lots 8, 14, 19, and 29 of said Walcott's Pearland Subdivision to a call and found 1/2" iron rod for corner, from which a found 2" iron pipe bears N 38° 35' 03" W - 0.35'; • • Thence N 41° 32' 17" E with the east line of Lots 29, 30, 40, 41, 42, and 43 aof said Walcott's Pearland Subdivision, passing at 4,040.36r a set 5/8" iron rod with cap for reference point and continuing a total distance of 4,640.36' to a point for corner; • Thence S 48° 19' 35" E with the southwest line.of those certain tracts described* in an Agreed Judgment dated 12-09-1994 from John B. Niday, Jr., et al to• Harris County Flood. Control, District as filed in Official Records of Real Property of Harris County at Clerk's File Number R- 254525 Film Code Number 502-65-3814 and that certain tract .described in a deed dated 07- 12-1984 from John B. Niday, Jr. to County of .Harris and City of Houston as filed in Oficlal Records of Real Property of Harris County at Clerk's File Number J-653244 Film Code Number 091-93-1787, passing a found 1/2" iron rod marking the oast comer of said T. & B. Alexander Family Limited Partnership tract (Clerk's File Number 96-044931) at 877.81', passing a set 5/8" iron rod with cap marking the east corner of said Bartlett Properties, Inc. tract at 1,755 62', and continuing a total distance of 2,633.43' to a call and found 1/2" iron rod for corner markingthe east corner of said Patricia Alexander Woad tract; • Thence S 41° 40' 03" W with the northwest line of that certain tract described in a deed dated 06-04-1981 from John Alexander, trustee to Sue Alexander Morrison as filed in Volume 1596, Page 93 Brazoria County Deed Records, passing the centerline of Clear Creek at 2,675.00' and continuing a total distance of 6,889.73' to a call and found 1/2" iron rod for corner .in the common northeast line of said H. T. & B. R R. Survey, Abstract No. 233 and the southwest line of said D. H. M. Hunter Survey, Abstract No. 76; Thence S 87° 11' 57" W — 2,55459' with the north line of said Sue Alexander Morrison tract to the POINT OF BEGINNING and containing 527.062 acres of land more or less, • Compiled by: C. L.. Davis Si Company Job Number: 20-14-1E, 07/13/2000 20-14-1E M&b.doc • "(: ERIC A. KREIHER �.�f"alp 5320 i-6 rt METES AND BOUNDS DESCRIPTION 15.755 ACRES OUT OF LOTS 30, 31, 32, 39 AND 40 WALCOTT'S PEARLAND SUBDIVISION PEARLAND, BRAZORIA COUNTY, TEXAS All that certain 15.755 acres out of Lots 30, 31, 32, 39 and 40, Walcott's Peariand Subdivision, according tci the plat thereof filed in Volume 35, Page 241 & 242, Brazoria County Deed Records, D. H. M Hunter. Survey, Abstract Number 76, Pearland, Brazoria County, Texas and being more particularly described by metes and bounds as follows, with all bearings expressed as grid and being generated from the Texas State Plane Coordinate System, South Central Zone with distances expressed in surface feet; Commencing at a found brass disc in concrete stamped ''City of Pearland GPS Monu 6 1995" (N:13 774,749.068, E'3,148,704.854) from which a found brass disc in concrete stamped "City of Peariand GPS Monu 5 1995" bears S 04° 33' 51' E — 2,670.57'; Thence N 57° 45' 44" E 6,528.53' to a set 5/8" iron rod with cap marking the intersection of the proposed east right-of-way line of Pearland Parkway and the northwest line of that certain tract described in a deed dated 12-18-1996 from Thomas P. Alexander and Bettye M. Alexander to T & B. Alexander Family Limited Partnership as filed in Official Records of Real Property of Brazoria County at Clerk's File Number 96-044931 and marking the POINT OF BEGINNING of herein described tract, said point being on a curve to the right having a radius of 1,002;00' and a central angle of 36° 18' 45"; Thence with said curve and the proposed easterly right-of-way line of said Peariand Parkway an arc distance of 635.04' and a chord bearing and distance of N 09° 07' 51" E 624,46' to a set 5/8" iron rod with cap for corner; Thence N 27° 17' 14" E — 1,069.84' continuing with the proposed easterly right-of-way line of said Peariand Parkway to a set 5/8" iron rod with cap marking the beginning of a curve to the left having a radius of 1,935.001 and a central angle of 12° 59' 08"; Thence with said curve and continuing with the proposed east right-of-way line of said Pearland Parkway an arc distance of 438.55 and a chord bearing and distance of N 20° 47' 40' E - 437.61' to a set 5/8" iron rod with cap for corner; Thence N 87° 18' 00" E — 109.41' to a found 5/8" iron rod with cap stamped Walsh Surveying, Inc. for corner marking the northwest corner of that certain tract described in a deed dated 10-05-1993 from Brazoria County Historical Museum Foundation to Thomas P Alexander, 3r. as filed In Official Records of Real Property of Brazoria County at Clerk's File Number 93-036860; Thence S 02° 42' 00" E with the west line of said Thomas P. Alexander, Jr. tract, passing at 966.07 a found 5/8" iron rod with cap stamped Walsh Surveying, Inc and continuing a total distance of 967.03'to a set 5/8' iron rod with cap for corner; Thence S 41° 32'. 17" W 1,356.88' with the northwest line of said T. & B Alexander Family Limited Partnership tract to the POINT OF BEGINNING and containing 15.755 acres of land more or less • Compiled by: C.L Davis & Company Job Number: 20-14-15 Acres 08/29/2000 Revised 8/30/2000 • • 213-14-IG r .doc METES AND BOUNDS DESCRIPTION 6 000 ACRES OUT OF LOTS42and43 WALCOTT'S PEARLAND SUBDIVISION PEARLAND, BRAZORIA COUNTY, TEXAS All that certain 6.000 acres out of Lots 42 and 43, Walcott's Pearland Subdivision, according to the plat thereof filed. in Volume 35, Page 241 & 242, Brazorla County Deed Records, D1 H. M. Hunter Survey, Abstract Number 76, Pearland, Beanie County, Texas and being more particularly described by metes and bounds as follows, with all bearings expressed as grid and being generated from the Texas State Plane Coordinate System, South Central Zone with distances expressed in surface feet; • • Commencing at a found brass disc in concrete stamped "City of Pearland GPS Monu 6 1995" (N:13,774,749.068 , E3,148,7041854') from which a found brass disc in concrete stamped "City of Pearland GPS Monu 5 1995" bears S 04° 33' 51" E — 2,670.57'; Thence N 53° 01' 33" E — 9,158.65' to a set 5/8" iron rod with cap marking a point on the northwest line of that certain tract described in a deed dated 12-18-1996 from Thomas P. Alexander and Bettye M. Alexander to T. & B Alexander Family Limited Partnership as filed in Official Records of Real Property of Brazorla County at Clerk's File Number 96-044931 and marking the POINT OF BEGINNING of herein described tract; Thence S 87° 17' 59" W, passing at 1.10' a found 5/8" iron rod with cap stamped Walsh, Surveying, Inc. and continuing with the north line of that certain tract described in a deed dated 10-05-1993 from Brazorla County Historical Museum Foundation to Thomas R. Alexander, Jr as filed in Official Records of Real Property of Brazorla County at Clerk's File Number 93-036860 a total distance of 63.61 to a set 5/8" iron rod with cap for corner; Thence N 19° Thence N 03° Thence N'11° Thence N 77° Thence S 29° Thence $ 48° Thence S 66° Thence S 42° 28' 47" E — 553.56' to a set 5/8" iron rod with cap for corner; 25' 50" E—197.55' to a set 5/8" iron rod with cap for corner; 37' 04" W — 263.70' to a set 5/8" iron rod with cap for corner; 43' 43" E 331.76` to a set 5/8" iron rod with cap for corner; 10' 03" E—147.69' to a set 5/8" iron rod with cap for corner; 22' 01" E 213.46' to a set 5/8" iron rod with cap for corner; 33' 56" W — 242.01' to a set 5/8" iron rod with cap for corner; 17' 33" W 143.55' to a set 5/8" Iron rod with cap for corner; 2a141IH M&b.dcc Thence S 06° 57' 31" W -- 250.09' to a set 5/8" iron rod with cap for corner; Thence S 41° 321' 17" W — 432.10' with the northwest line of said T. & B. Alexander Family Limited Partnership tract to the POINT OF BEGINNING and containing 6,000 acres of land more or less Compiled by: C.L. Davis & Company Job Number: 204-14r1H 08/31/2000 20'141H M&b.doc Toliway. These planned roadways will serve as the primary access to the subject property. This property will also serve to enhance the City of Pearland's park system. III. GOALS AND OBJECTIVES The goals of the 548.9 Acre Planned Unit Development are to provide guidelines for the creation of a quality development that provides community cohesiveness, variety of choice, quality uniformity in building construction, orderly growth, and desired visual results. Further, the goals reflect the flexibility to achieve a high quality mixed use development in a coordinated suburban setting. The goals and objectives for the 548.9 Acre PUD are outlined below. Goal Objective Community Cohesiveness Provide compatible and functional land uses for employment, shopping, living, education and recreation activities. Multiple Housing Options Provide a variety of housing options, lifestyles and price ranges in identifiable neighborhoods each with their own character and market appeal. Q uality and Character of Community Provide high quality planning and architecture with implementation of creative designs and building standards. O rderly Growth Provide community integrity through experienced development team and careful application of flexible regulations and architectural controls. The goals and objectives for the 548.9 Acre PUD will be achieved through the implementation of a series of planning strategies. Variety and choice will be achieved by creating a community of mixed land uses that offer a wide range of choices. The variety offered for single-family detached residential units is intended to appeal to a broad spectrum of buyers and lifestyles by providing employment centers, shopping and other commercial sites, recreational uses, aesthetic open space, lakes, trails, and other community and neighborhood amenities. The community's strong character will be ensured through deed restrictions, guidelines and controls for architectural and design aesthetics, open space and landscaping, perimeter treatments, and neighborhood amenities such as sidewalks and neighborhood recreation spaces. Long-term sustainability will be provided for the community through the adoption of a land use plan and ordinances that provide maximum flexibility, while also protecting residents and property owners by mitigating and buffering incompatible land uses through open space, landscaping or fencing between land uses. A cohesive community will be accomplished by mixing compatible and functional land uses that provide employment, shopping, living, and recreational activities. O rderly growth will be achieved through a master plan implemented by a proven and experienced land development team. This will ensure a project at completion that is consistent in character and content, providing residents businesses, and visitors with a clear sense of community. In summary, the planning strategies that will be implemented in the 548.9 Acre PUD will ensure the future success of the community and its neighborhoods, providing flexible land use controls, high quality planning, thoughtful architectural and aesthetic guidelines, and meaningful neighborhood recreation spaces. IV. PROJECT / PLAN DESCRIPTION LAND USE The 548.9 Acre PUD is a predominantly single-family development containing only a few commercial parcels. A commercial tract containing approximately 9.0 acres is planned along Pearland Parkway and the southwestern property line of the subject tract. A smaller 1 2 acre commercial parcel is planned on Old Alvin Road across from the City of Pearland's maintenance facilities. The remaining non-residential parcels within the 548.9 Acre PUD are all amenity oriented uses including lakes, recreation facilities, open spaces and landscape reserves. The development of these parcels is discussed in the Amenities/Open Space segment below. The residential portion of the 548.9 Acre PUD consists of ten cells arranged in identifiable neighborhoods. These cells are planned to allow for maximum flexibility in phasing and marketing various housing products and price ranges. All lot sizes will conform to the City of Pearland regulations unless a specific variance is requested and granted by the Zoning Board of Adjustment. The table below lists the various land uses illustrated on the Conceptual Master Plan, along with their respective acreages and percentage of gross land area. 548.9 Acre PUD Acreage Per Land Use Summary LAND USE CATEGORY REVISED MASTER PLAN ACREAGE General Business 10.3 1.9% Major / Collector Streets 18.4 3.3% 3 Existing Drainage Ditches 37.8 6.9% Landscape Reserves / Open Space 120.7 1 21.9% Public Parks 23.9 4 4% Recreation Center 3.6 7% Detention Lakes 78.4 2 14.3% Single Family Residential 255 8 46.6% TOTALS 548.9 100.0% 'Includes 6.0 acre DnIi Site owned by City of Pearland 2Excludes detention / lakes in Public Parks 'Excludes 4.3 acres in "Town Ditch" for Public Park, Includes Clear Creek REGULATORY COMPLIANCE / LAND USE CHANGES The 548.9 Acre PUD contains four basic land use categories General Business, Open Space / Landscape, and Single -Family Residential. The Open Space / Landscape category includes all neighborhood recreation facilities lakes, ditches and playgrounds. The total acreages for each of the proposed land use categories is as follows: Land Use / Acreage Land Use Category / Acres General Business 10.3 Ac. Total for General Business 10.3 Acres Recreation / Playgrounds 3.6 Ac. Open Space / Landscape Reserves 120.7 Ac. Detention Lakes 78.4 Ac. Public Park 23.9 Ac.' Drainage Ditches 37.8 Ac. Total for Open Space / Landscape 264.4 Acres R-1 R-2 R-3 PUD PUD PUD Total For Sinale-Familv Residential 255.8 Acres Includes 4.3 Acres located inside easement for 'Town Ditch" The land uses for each parcel within the 548.9 Acre PUD are illustrated on the Land Use Plan exhibit included within this document. Except as otherwise provided for in this document, each land use and parcel development shall comply with the City of Pearland Zoning Ordinance, Subdivision Ordinance, building code and other applicable development regulations, including the Pearland Parkway overlay district. Land use shall be regulated on a total acreage basis. Each land use category may be increased in acreage by up to 15% The percentage land use area change is required to ensure the success of the development by maintaining the flexibility to modify land use sizes in response to changes in economic and market conditions. This will allow the project to remain competitive in the real estate market over the life of the project and will provide the ability to make adjustments, as necessary, to accommodate specific end users in a timely manner. Land uses may be interchanged within the boundaries of the PUD, provided they are in compliance with the acreage restrictions referred to above and otherwise conform to the City of Pearland regulations for such uses. In the event a proposed land use exceeds the established acreage by more than 15%, an amendment to the PUD must be requested and approved by the City of Pearland Planning and Zoning Commission and City Council. Lot sizes may be interchanged within the boundary of the PUD so long as they comply with the provisions of the subdivision and zoning requirements established for zoning categories R•1 PUD, R•2 PUD and R 3 PUD and the total number of lots does not exceed 835. STREET CIRCULATION The 548.9 Acre PUD will enjoy superior access and internal circulation with the implementation of the planned street circulation system. As previously mentioned the City of Pearland planned extension of Pearland Parkway north to the Sam Houston Tollway (Beltway 8) and McHard Road west to Old Alvin Road will provide the primary access to the site. Pearland Parkway will be extended through the subject property by the developer, providing direct access to the 548.9 Acre PUD. Coordinated entrances into the development from Pearland Parkway will provide access to the individual residential cells Secondary access will be provided to the development and the planned residential areas in the southwest quadrant of the tract via Old Alvin Road. The street circulation exhibit included within this document illustrates the proposed roadway discussed above. All streets within the 548,9 Acre PUD will be designed and constructed in conformance with City of Pearland standards. It is the intent of the developer to develop private, gated streets for the portion of the project northeast of Pearland Parkway. However, the streets will be constructed to public street standards. UTILITIES Conceptual plans for the proposed trunk utilities for water and wastewater have been prepared for the development of the 548.9 Acre PUD by LJA, Inc. Civil Engineers and Surveyors Houston, Texas. These plans are illustrated on the utilities exhibit contained within this document. More than 78 acres of surface area have been set aside for drainage detention on the property. Also, additional right- of-way (170') has been provided for the existing drainage facility which outfalls into Clear Creek. The overall drainage plan for the project is being prepared by LJA Engineering and Surveying, Inc AMENITIES / OPEN SPACE The primary amenity within the 548.9 Acre PUD is the proliferation of lakes throughout the community. More than a dozen lakes ranging in size from two acres to over twenty acres are strategically located throughout various neighborhoods. The lakes, which also serve as drainage detention for the project, occupy a total of 78 4 acres. Careful coordination of the design of the lakes and residential neighborhoods has resulted in a plan which exposes the lakes to the community, as a whole, creating view corridors and premium lots. Other key elements in the overall amenity package for the 548.9 Acre PUD are the recreation and open spaces located throughout the development. Specific areas have been strategically located for the development of playgrounds and parks in the residential areas. Additionally, the multiple faults that traverse the property have been buffered (50' on the "up -side", 75' on the "down -side') providing a generous 125' wide green belt When coupled with the land that is rendered unusable due to the inefficient location of the faults, a significant amount of property (over 20 acres) will be available for landscaping and pedestrian pathways. A significant amount of space has been allocated for public parks within the project. The master plan calls for approximately 24 acres in public park space and includes the following: • 4.3 acres above the high bank along "Town Ditch". This pedestrian pathway corridor is well over a mile long. • • A 1.6 acre parcel located adjacent to "Town Ditch" in the internal portion of the residential area which well serve as a neighborhood park. A 3.1 acre parcel located directly across the street from the 1.6 acre parcel and also adjoining "Town Ditch". A lake will be one of the main features of this neighborhood park. • A 5.7 acre parcel located along proposed Pearland Parkway. This parcel is part of a 15 acre parcel be purchased from the City of Pearland. Therefore, the City will receive payment for the property and then receive the 5.7 acre parcel back as a public park. • A 30 foot wide pedestrian corridor, approximately 4000 feet in length (±2.3 acres) along the east and south right-of-ways for Pearland Parkway and McHard Roads, respectively. This pedestrian pathway corridor provides a connection between the 5.7 acre parcel and the "Town Ditch" pathway. A ±2.8 acre parcel and a ±2.2 acre parcel located along the west side of Pearland Parkway. Each of these parcels will contain detention lakes, further enhancing the aesthetics along the frontage of Pearland Parkway. A ±1.9 acre parcel located adjacent to the southwest intersection of "Town Ditch" and Pearland Parkway. The pedestrian pathway corridor (linear park) shall contain, at a minimum, an eight foot wide concrete trail along Town Ditch" and an eight foot wide concrete trail in those areas where it is adjacent to a public roadway. The parks shall be dedicated to the City of Pearland and open to the public but shall be maintained by the homeowners association (or master maintenance association) for the development. Appropriate signage, installed by the developer and approved by the City, shall be installed along the linear park to communicate that the park is open and available to the general public. The total amount of area designated for amenities/open space is approximately 264.4 acres or 48% of the gross area of the development. All of the amenities except the public parks within the 548.9 Acre PUD will be owned and maintained by a homeowners maintenance association to be established. The public parks will be owned by the city but maintained by the homeowners association. • • The open space and amenities planned for the 548.9 Acre PUD are illustrated on the Amenities / Open Space Plan included within this document. PHASING / DEVELOPMENT SCHEDULE The first phase of the 548.9 Acre PUD residential development contains approximately 200 lots in two sections. Six additional sections are planned and are illustrated on the Phasing exhibit included within this document. It is anticipated that it will take approximately four years to fully develop and complete the entire project. The size and timing of future phases are dependent upon market conditions. SIGNAGE Except as otherwise provided for in this document, the signage within the 548.9 Acre PUD will comply with the City of Pearland signage regulations, including the Pearland Parkway overlay district. Exhibits illustrating the proposed entry monuments for the development and their locations are included within this document. Additionally, samples of temporary informational and directional signage for the project are included with the exhibits. J _ t-- , ► -I I i _ I i- w 1_L .\ s 1. n T.` 11 `TTT�i _yL 1\I I I7rITl1 1 T LLU LIJ WJ I_ ` ',jvIJ�WJ i WOI� I I I I L If et I 1 rI_l� I — _Tr � \WtJJ i lil \ J • 102 LOTS (TYP: 62' X115') I I II 1 I I II I I II I I _J n 50 LOTS (TYP: 70' X120') PROPOSED McHARD ROAD I I I 217 LOTS (TYP: 70' X120') 120 LOTS I (TYP: 62' X115 21 LOTS (TYP: 70' X120') um" I r 1010 I1111111111/1111111ra THIS MAP IS A SCANNED DRAWING ONLY AND IS NOT FOR COMPUTATION OR CONSTRUCTION PURPOSES. SAID DRAWING IS A PICTORIAL REPRESENTATION ONLY AND 1S SUBJECT TO CHANGE. ADDITIONALLY NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, CONCERNING THE ACTUAL DESIGN, LOCATION OR CHARACTER OF THE FACILITIES SHOWN ON THIS MAP ARE INTENDED. THIS PRESENTATION GRAPHIC REPRESENTS A COMPILATION OF DATUM OBTAINED FROM MAPS, SURVEYS AND OTHER DOCUMENTS PROVIDED TO KERRY R.GILBERT & ASSOCIATES, INC. 1 1 125 LOTS (TYP: 85' X125') 13 LOTS (TYP:55' X115') 53 LOTS (TYP:70' X120') 40 LOTS \ (TYP:60' X120') \ \ \ 25 LOTS \ \ (TYP:55' X11 " 29 LOTS (TYP: 55' X115') 40 LOTS (TYP: 65' X 1 15') UPI 8 3 5 Ir0rill ATIJ IL 0I a development :naeter plan for HIGHLANO C(°,liA1F,R7 +54*0D ACR.i?s$ ®f 111AARTJD prepared for IEA7ZTAIlk MICDMIFA@ T[JogoAO 1 KERRY R. GILBERT & ASSOCIATES, INC. SCALE s!0 35u cv� JUNE 10, 2002 KGA #0410 1 1 Land Planning Consultants 15810 Park Ten Place Suite 160 Houston, Texas 77084 (281) 579-0340 a 4111 KERRY R• INC. SI 1 II I I 11 1 I I I 1 I1 1 1 11 1 L. c \I I I7 rITI1 1 PROPOSED McHARD ROAD THIS MAP IS A SCANNED DRAWING ONLY AND 18 NOT FOR COMPUTATION OR CONSTRUCTION PURPOSES. SAID DRAWING IS A PICTORIAL REPRESENTATION ONLY AND IS SUBJECT TO CHANGE. ADDITIONALLY NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, CONCERNING THE ACTUAL DESIGN, LOCATION OR CHARACTER OF THE FACILITIES SHOWN ON THIS MAP ARE INTENDED. THIS PRESENTATION GRAPHIC REPRESENTS A COMPILATION OF DATUM OBTAINED FROM MAPS, SURVEYS AND OTHER DOCUMENTS PROVIDED TO KERRY R.GILBERT & ASSOCIATES, INC. • land use categories N GENERAL BUSINESS PARK/OPEN SPACE/ LANDSCAPE SINGLE FAMILY RESIDENTIAL HIGHLAND GLEN + 548.9 ACRES of LAND BEAZER HpmOred Fs ES, U.S.A. KERRY R. GILBERT & ASSOCIATES INC. Land Planning Consultants SCALE JUNE 10, 2002 KGA #0410 15810 Park Ten Place Suite 160 Houston, Texas 77084 (281) 579-0340 4 ale w 0 0 h P KERRY R• b ce W PS o� t P INC f n-1-1 \\.\\, J - I— ` \ >— - \ \ i- I L1_J i L rl C- 1--1 rT 1-I _ _ c \ I I I -1 T IT Il 1 (— LLI.LLIJLIJJfi ,_'., , Isr(� I I ✓r— T 1' —w10 f l 1 n ,— I ,1 \ill� _1111.t LIPft III_ 1 _r �r ' \\CI—CLI—ILIALLI J I LJ J L\ J • • PROPOSED McHARD ROAD THIS MAP IS A SCANNED DRAWING ONLY AND IS NOT FOR COMPUTATION OR CONSTRUCTION PURPOSES. SAID DRAWING IS A PICTORIAL REPRESENTATION ONLY AND IS SUBJECT TO CHANGE. ADDITIONALLY NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, CONCERNING THE ACTUAL DESIGN, LOCATION OR CHARACTER OF THE FACILITIES SHOWN ON THIS MAP ARE INTENDED. THIS PRESENTATION GRAPHIC REPRESENTS A COMPILATION OF DATUM OBTAINED FROM MAPS, SURVEYS AND OTHER DOCUMENTS PROVIDED TO KERRY R.GILBERT 8 ASSOCIATES, INC. 1 1 1 Barry Rose Wastewater Treatment Plant N trunk utilities SANITARY SEWER LINES WATER LINE HIGHLAND GJLIEN + 54809 ACRES © LAND prepared for II�IEAZER HOMES, UOSOAO KERRY R, GILBERT & ASSOCIATES, INC. Land Planning Consultants SCALE 1) 15810 Park Ten Place Suite 160 JUNE 10, 2002 Houston, Texas 77084 KGA 40410 (281) 579-0340 4 b a, w r. 0 0 L —i KERRY R• 43 tb tp Oo p {N4 SECTION TWO 107 LOTS (TYP: 70' X120') 1- I_ n IPM\ TT\ .LJE2 IIIT_I 1���v �I I�1rI1H 1 I_ I� war �wo,O s I_in +� l�I LI_ I' -,— _ T �\ UtLI_LlIJJLIJ.1Ll11�J \\ SECTION SEVEN 102 LOTS (TYP: 62' X11 S') II I I I II II I II I I I I II .J l_ I QI 01 z aI 4 ®I 01 PROPOSED McHARD ROAD SECTION ONE 93 LOTS (TYP: 70' X120') SECTION EIGHT 160 LOTS (TYP: 62'/65' X115') THIS MAP IS A SCANNED DRAWING ONLY AND IS NOT FOR COMPUTATION OR CONSTRUCTION PURPOSES. SAID DRAWING IS A PICTORIAL REPRESENTATION ONLY AND IS SUBJECT TO CHANGE. ADDITIONALLY NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, CONCERNING THE ACTUAL DESIGN, LOCATION OR CHARACTER OF THE FACILITIES SHOWN ON THIS MAP ARE INTENDED. THIS PRESENTATION GRAPHIC REPRESENTS A COMPILATION OF DATUM OBTAINED FROM MAPS, SURVEYS AND OTHER DOCUMENTS PROVIDED TO KERRY R.GILBERT & ASSOCIATES, INC. SECTION FOUR 70 LOTS (TYP:70' X120') a SECTION THREE 125 LOTS (TYP:85' X125') SECTION SIX 107 LOTS (TYP:55' X115') SECTION FIVE 53 LOTS (TYP:70' X120') i a phasing development plan for PHAUE ` 466 LOTS PHA@IE ± 369 LOTS HIGHLAND + 5 4 iy 09 ACRES ®_ IL A. H J II propared for 1�1EA7JIER �IOMESp U.S.AO I KERRY R. GILBERT $ ASSOCIATES, INC. SCALE c�o JUNE 10, 2002 KGA 110410 Land Planning Consultants 15810 Park Ten Place Suite 160 Houston, Texas 77084 (281) 579-0340 KERRY R. 4 N W 0 0 to INC. hI rTf ITI 11\ l l L L_LI u ---\r\-C \\ �.�t riTT �v DTI I TITI1 << \�1 L LIL LIJ l L I 1 �Y� war w O 3 T 1 I 1 [--- Ii `\ uLL �IJJ1_IJiUJ1s 3 \\ II I I II I I II PROPOSED McHARD ROAD o 4 o' rt' 4 ®{ °I THIS MAP IS A SCANNED DRAWING ONLY AND IS NOT FOR COMPUTATION OR CONSTRUCTION PURPOSES. SAID DRAWING IS A PICTORIAL REPRESENTATION ONLY AND IS SUBJECT TO CHANGE. ADDITIONALLY NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, CONCERNING THE ACTUAL DESIGN, LOCATION OR CHARACTER OF THE FACILITIES SHOWN ON THIS MAP ARE INTENDED. THIS PRESENTATION GRAPHIC REPRESENTS A COMPILATION OF DATUM OBTAINED FROM MAPS, SURVEYS AND OTHER DOCUMENTS PROVIDED TO KERRY R.OILBERT & ASSOCIATES, INC. A /t \\ • entry features location plan HIGHLAND GLEN 541It0D ACRE of LAND prepare i for IEAZIER IH® IE�p Uo5OAo KERRY R. GILBERT & ASSOCIATES INC. SCALE Land Planning Consultants 15810 Park Ten Place Suite 160 Houston, Texas 77084 (281) 579-0340 CO JUNE 10, 2002 KGA #0410 JKERRY R' tit et • • • • • • • • A - TRAFFIC CIRCLE • • • • • • • • • • • • • . .• • • • • 4 • • i. • • .• • • • • • • • • • • • • • • • • • • • • • • • • • • 2e tit ceiserz, • • • iwsncATeo tarroK sroue RN& • WATCrik JOTS • •icol 01A.CI L a phasing development plan for 0 Id A\ P TP a 4.) a FA ___ .0 PEA LAND, -TEXAS prepared for BEAZER HOMES; IT O S O A O Clark condole assoclaLes LANDSCAPE ARCHITECTS 51 77 RI CHMON D AVENUE SUITE 1 075 HOUSTON TEXAS 77056 PHONE: 713.871.1414 FAX: 713.871.0888 www.clarkcondon.com • • 1 P l 1 • • • • • angsmi h Ci 1 • crr9-! O ��lk Y •. ��= AN Alt.i:Y I. es r. �Qi� • E� tiallInSati B -PRIMARY ENTRY FEATURE (OPTION 1) • • CPS' iEtN fbisr B -PRIMARY ENTRY FEATURE (OPTION 2) (33 • • F 12: fir z �SgONZE SLAT& RooF cAstr SToNE wtutow F t E9 WROUSHT tON MIMDOW &RILL @STONE CAP DSCOMI/Ve Li i e--4 ix t WZE S!M FAMDOM ASHLAR. ST°O RUSTracrE 5C4CK S 8 1 1 a phasing development plan for 21 J o _1_ A(c4 ILA 6) P JK ARTAND p prepared for IIflFAZ ER EEOMIE clark condon as LANDSCAPE ARC 0 TEXAS Si, J.S.A. soclates HITECTS re. Nisei .e2Liisa •5177 RICHMOND AVENUE SUITE 1 0 7 5 HOUSTON TEXAS 7 7 0 5 6 PHONE: 7 1 3.8 7 1. 1 4 1 4 FAX: 7 1 3.8 7 1 ,0888 www.clarkcondon.com • • • • • • F - DIRECTIONAL SIGNAGE • 4. sixTf5fRomzerGim\it • • • 4. CAST (ISDN POST ix& P7PsLJIItL.E St&N a phasing development plan for 527.1 ACRES P.U.D. • PEARLAND, TEXAS prepared tor BEAZER HOMES, U.S.A. clark condor associates LANDSCAPE ARCHITECTS 5 1 7 7 RICHMOND AVENUE SUITE 1 0 7 5 H O U S T O N TEXAS 7 7 0 5 6 PHONE: 713.871.1414 FAX: 713.871.0888 www.clarkcondon.com