R2000-113 10-09-00RESOLUTION NO. R2000-113
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE A GOLF COURSE EASEMENT WITH COLLEGIATE CLUBS,
L.L.C.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Easement by and between the City of Pearland and
Collegiate Clubs, L.L.C., a copy of which is attached hereto as Exhibit "A" and made
a part hereof for all purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to
execute and the City Secretary to attest the original of the attached Easement for and
on behalf of the City of Pearland.
PASSED, APPROVED and ADOPTED this the ~
A.D., 2000.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
9 day of October ,
TOM REID
MAYOR
Exhibit "A"
Resolution No. R2000-113
GOLF COURSE EASEMENT
THE STATE OF TEXAS
COUNTY OF BRAZORIA
KNOW ALL MEN BY THESE PRESENTS
THAT THE CITY OF PEARLAND, TEXAS, a municipal corporation and home-rule
municipality of the State of Texas situated principally in Brazoria County (hereinafter called
"Grantor"), for and in consideration of the sum of TEN and no/100 ($10.00), and other good and
valuable cash consideration to Grantor in hand paid by BEAZER HOMES TEXAS, L.P., a Texas
limited partnership (hereinafter called "Grantee"), the receipt and sufficiency of which is hereby
acknowledged, has GRANTED, SOLD AND CONVEYED and by these presents does GRkANT,
SELL, AND CONVEY unto said Grantee, its successors and assigns a perpetual, exclusive golf
course easement and fight-of-way for (ingress, egress, and regress) across, along, and upon that
certain tract of land consisting of land more particularly described in the attached Exhibit "A"
(the "Property"), which exhibit is made a part hereof for all purposes, for Grantee to create, construct,
reconstruct, install, repair, replace and maintain a golf course and related appurtenances
(the "Golf Course") with related cart paths, landscaping, signage, irrigation facilities, and similar
facilities for playing golf and other recreational and social activities (including the sale and
consumption of food and beverages of all kinds) across., along, and upon the Property. Grantee may
have such access across, along, over and upon the Property and may enter upon such Property to
engage in such activities as may be necessary, requisite, convenient, or appropriate in connection
with the Golf Course. Grantee's fights under the Golf Course Easement shall include, without
limitation, the fight to bring and operate such equipment thereupon as may be necessary or
appropriate to effectuate the purposes for which the Golf Course Easement is granted and for the
purposes of creating and maintaining a Golf Course. Grantee acknowledges that it shall have no
fight to install any improvements on the Property other than the Golf Course.
Conditions Applicable to the Easement
Grantee hereby acknowledges that the Golf Course to be installed or constructed on the
Property will belong to the Grantee and that Grantee, not Grantor, shall be responsible for the
maintenance, repair and/or removal of the Golf Course and for all liability, cost or claims arising
from the Grantee's and/or the public's use of the Easement or the Golf Course.
Grantee further acknowledges: (a) that it is anticipated that stormwater drainage and
stormwater detention facilities (the "Drainage Facilities") will be constructed on the Property by or
on behalfofBraZoria County Municipal Utility District No. 23 (the "MUD") in locations reasonably
approved by Grantee so as to not interfere with Grantee's use and enjoyment of the Golf Course,
(b) that utilization of the Easement, such as for construction, maintenance and repair of the
Golf Course and access by heavy machinery, may cause damage to or undermine the integrity of the
Drainage Facilities once built, (c) that Grantor's rights to use the Drainage Facilities for flood
protection and/or stormwater drainage and detention purposes are superior to the rights granted to
Grantee hereunder ("Grantor's Superior Rights"); and (d) that Grantee's activities within the
Easement are performed at Grantee's sole risk. Grantee agrees that Grantee will not undertake or
commence any construction or installation of the Golf Course within the Easement until the MUD
or the MUD's engineer has reviewed and approved the plans and specifications therefor and that
Grantee will coordinate all its activities within the Easement with the MUD or the MUD's engineer.
Grantee shall not materially and adversely impede or obstruct the flow of surface stormwater into,
or the detention of surface stormwater discharge in, the Property without the prior written express
consent of the MUD or the MUD's engineer. Grantee agrees (1) to repair at its sole cost and expense
any damage to the Property and to the Drainage Facilities caused by the Grantee's or the public's use
of the Easement and (2) after doing any work in connection with the Easement hereby conveyed, to
restore the premises as nearly as possible to their condition prior to the undertaking of such work.
Grantee specifically agrees to take all steps necessary and to bear all costs to assure that Grmatee's
activities under the Easement do not at any time materially, adversely affect the Drainage Facilities.
GRANTEE AGREES TO INDEMNIFY AND HOLD HARMLESS GRANTOR, ITS
DIRECTORS, OFFICERS, AGENTS, ASSIGNS AND EMPLOYEES, TO THE FULLEST
EXTENT ALLOWED BY LAW, FROM AND AGAINST ALL LIABILITIES, DEMANDS,
CLAIMS, DAMAGES, SUITS OR JUDGMENTS, INCLUDING ATTORNEYS' FEES AND
OTHER COSTS AND EXPENSES OF LITIGATION INCIDENT THERETO ARISING
FROM INJURY OR DEATH TO PERSON(S), OR LOSS, DAMAGE OR DESTRUCTION
TO PROPERTY, INCLUDING THE PROPERTY OF GRANTOR, GRANTEE AND THIRD
PERSONS, RESULTING FROM THE USE OF THE EASEMENT BY GRANTEE AND/OR
BY THE PUBLIC.
Grantor reserves to itself, its succegsors and assigns, all oil, gas, and other minerals in, on,
or under said premises, but waives all rights of ingress and egress for the purpose of exploring,
developing, mining or drilling for the same; provided, however, that nothing in this grant shall
prohibit or in any manner restrict the fight of Grantor to develop the premises for oil, gas, and other
minerals by directional drilling from a nearby site.
Grantor expressly reserves the right to the use and enjoyment of the surface of the Property
for any and all purposes, provided that such use will not prevent Grantee from exercising its rights
under the Easement and further provided that Grantor's Superior Rights shall prevail in the case of
conflict. Grantee acknowledges that if in the installation, use or maintenance of the Drainage
Facilities causes damage to the Golf Course, that Grantor will not be responsible for such damages
or for the cost to repair such damages to the Golf Course nor shall Grantor have any obligation to
repair the Golf Course. Grantor shall use reasonable efforts in the construction, use and maintenance
of the Drainage Facilities to avoid damage to the Golf Course or unreasonably interfere with the
operation of the Golf Course.
This conveyance is further made subject to any restrictions, covenants, easements,
rights-of-way, encumbrances, and mineral or royalty reservations or interests affecting the property
2
and appearing of record in the Official Records of Brazoria County, Texas, to the extent that said
items and matters are in effect and validly enforceable against the Easement granted herein as of the
date hereof; provided, however, Grantor, to the extent that it has the ability to enforce any of said
items or matters, agrees that it shall not enforce any of said items or matters in a manner which
would prejudice or interfere with Grantee's rights in the Easement granted herein.
TO HAVE AND TO HOLD, subject to the matters set forth herein, the above-described
Easement, together with all and singular the rights of ingress, egress and regress, unto said Grantee,
its successors and assigns, forever. Subject to the matters set forth herein, Grantor does hereby bind
itself, its successors and assigns, to WARRANT AND FOREVER DEFEND, all and singular the
said Easement and right-of-way and other rights described herein unto Grantee, its successors and
assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof
by, through, or under Grantor, but not otherwise. '
EXECUTED this the '/'~-~ day of ~~.e:x~, 2000.
CITY OF PEARLAND, TEXAS,
GRANTOR
By:
Alan R. Mueller
Interim City Manager
AFTER RECORDING RETURN TO:
City of Pearland
c/o Dan'in Coker, City Attorney
3519 Liberty Drive
Pearland, Texas 77581
STATE OF TEXAS
COUNTY OF BRAZORIA
BEFORE ME, the undersigned Notary Public, on this day personally appeared
Alan R. Mueller, known to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he executed the same for the purposes and consideration
therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS ]ql4"DAY OF
'~0.:. ~ ~ D~,,'~ , A.D., 2000.
Y PUBLIC, S;/'ATE OF TEXAS
NAT
Printed Name: ~.i~ a~ ~2~. 73~aa'
My Commission Expires: t~/~1 / 0-.~
4
EXHIBIT
METES AND BOUNDS DESCRIPTION
15.755 ACRES OUT OF
LOTS 30, 31~ 32, 39 AND 40
WALCOT'r's PEARl_AND SUBDIVISION
PEARLAND~ BRAZORIA COUNTY, TEXAS
All that certain 15.755 acres out of Lots 30, 31, 32, 39 .and 40, Walcott's Pearland
Subdivision, according to 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 Peadand GPS Honu 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' 5:!." 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-;I.8-1996 from Thomas P. Alexander and
Beltye M. Alexander to T. & B. Alexander Family U .mired Partnership as filed in Official
Records of Real Property of Brazoria County at Clerk's File NUmber 96-04493:[ 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° 1_8' 45";
Thence with said curve and the proposed easl:erly right-of-way line of said Pearland
Parkway an arc distance of 635.04' and a chord bea.ring and distance of N 09° 07' 5:~" E
- 624.~6' to a set 5/8" iron rod with cap for corner;
Thence N 27° i7' 14" E - 1_,069.8~,' continuing with the proposed easterly right-of-way
line of said Pearland Parkway to a set 5/8" iron rod with cap marking the beginning of a
curve to the left having a radius of :[,935.00' and a central angle of 12- 59' 08";
Thence with said curve and continuing with the proposed east right-of-way line of said
Peafland 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 Brazoda County Historical Museum Foundation to
Thomas P. Alexander, .lr. as filed In Official Records of Real Property of Brazoria County
at Clerk's File Number 93-036860;
Thence $ 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 967.03r 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
3ob Number: 20-14-15 Acres
08/29/2000
Revised 8/30/2000
20-~.4--1G MSd~.c~z