Loading...
R-2013-068-2013-05-13 RESOLUTION NO. R2013-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A DEVELOPMENT AGREEMENT ASSOCIATED WITH THE HIGHLAND CROSSING SUBDIVISION. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain Development Agreement, 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 a Development Agreement. PASSED, APPROVED and ADOPTED this the 13th day of May, A.D., 2013. a.1NN. N1 V.•L 4?FAQ TOM REID MAYOR ok " ATTEST: / // .■ •.�f.L�.%/� M A -IA E. RODRIGUEZ DE•UTY CITY SECRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY DEVELOPMENT AGREEMENT (EXHIBIT A TO RESOLUTION R-2013-R2013-68 This Agreement is entered into this 13th day of May, 2013, by and between the CITY OF PEARLAND, TEXAS, (hereinafter"City"), and BEAZER HOMES TEXAS, LP (hereinafter "Developer"). WHEREAS, Developer intends to develop the Highland Crossing subdivision ("Development") in the vicinity of Old Alvin Road and McHard Road; and WHEREAS, the Development will require Developer to construct sidewalks on both sides of Old Alvin Road adjacent to the Development; and WHEREAS, the City's Capital Improvements Plan ("CIP")contemplates sidewalks on both sides of Old Alvin Road from McHard Road to Knapp Road; and WHEREAS, the City desires to improve safety and sidewalk access for students attending Cockrell Elementary School. WHEREAS, the City owns an approximate 0.083 acre triangular parcel ("Property") adjacent to the Development that cannot be developed separately, and the City desires to convey the Property to Developer who plans to convey the Property to the Development's Property Owner's Association ("POA") after the POA is created; and WHEREAS, the City and Developer wish to cooperate in the construction of certain sidewalks as provided herein; and WHEREAS, the City and Developer desire an agreement to set forth their respective responsibilities with regard to the construction of sidewalks and the conveyance of the Property to the Developer. WITNESSETH : NOW THEREFORE, in consideration of the foregoing premises and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, it is hereby agreed as follows: 1. Developer shall construct approximately 585 linear feet of 6 foot wide sidewalk ("Segment A") on the west side of Old Alvin Road from the southern line of the Development to McHard Road, as more accurately shown on Exhibit A attached hereto. Developer's obligations also include the clearing of trees and site grading for both Segment A and Segment B. Developer shall cause Segment A to be constructed as part of the landscape package for Phase 1 of the Development; however, Developer agrees that Segment A shall be constructed on or before October 1, 2014. 1 2. City shall construct approximately 630 linear feet of 6 foot wide sidewalk("Segment B") on the east side of Old Alvin Road from the pipeline easement to the southern line of the Development as more accurately shown on Exhibit A attached hereto. Developer shall, within 60 days following execution of this Agreement, dedicate to City a sidewalk easement, in a form acceptable to City, to accommodate the construction of Segment B. The timing of the construction of Segment B shall be at the discretion of City. 3. In exchange for City's net decrease of sidewalk construction costs as shown on Exhibit B attached hereto, City agrees to convey the Property, more accurately described in Exhibit C attached hereto, to Developer. In exchange for the Property, Developer agrees to clear the Property and include the Property in the landscape plans for Phase 1 of the Development. Upon creation of a POA for the Development, Developer shall convey ownership of the Property to the POA who shall be responsible for maintenance of the Property. 4. The initial term of this Agreement shall be for a period of , commencing on the day of , 2013, and terminating on the first day of October, 2014, provided, however, that this Agreement shall be automatically renewed in one (1) month increments until all of the obligations of the parties hereunder have been fully discharged or specifically waived in writing by the beneficiary thereof. 5. This Agreement may only be amended, modified, or supplemented by written agreement and signed by both parties. 6. No assignment by a party hereto of any rights under or interests in this agreement will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent(except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. 7. Nothing herein is intended to supersede or waive any City ordinance or regulation pertaining to such construction. 8. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is prohibitive or invalid under applicable law, such provision shall be ineffective to the extent of such provision or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. 9. This Agreement shall be construed and enforced in accordance with and governed by the laws of the State of Texas. 10. To accomplish execution of this Agreement, it may be executed in multiple 2 counterparts. 11. The Parties agree that any suit arising out of or related to this Agreement shall be filed in Brazoria County Texas. 12. All notices which are required or may be given pursuant to this Agreement shall be in writing and shall be sufficient if delivered personally or by first class mail, postage prepaid, return receipt requested, or by a nationally recognized courier, to the parties and their attorneys at the addresses set out below or such other addresses as the parties or their attorneys may hereafter notify one another: If to City: City of Pearland Attn: Bill Eisen 3519 Liberty Drive Pearland, TX 77581 If to Developer: Beazer Homes, Texas LP Attn: Greg Coleman 10110 W. Sam Houston Parkway, North Suite A-100 Houston, Texas 77064 Notice delivered in accordance with the terms hereof shall be effective upon receipt. In witness whereof, the parties have hereunto set their hands and signatures on the date first above mentioned. BEAZER HOMES, TEXAS LP By: Name: Grp, Co/emgl Its: LD /"lahg9 ei — //ous roiy 3 CITY OF PEARLAND, a Texas municipal corporation By: Bill Eis; _ City Manager ATTEST: Yo g Lo ' g "; %\ Ci Secre.ary 4 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVFR'S LICENSE NUMBER. 2013027809 DEED Tote1 Pages: 5 ,1 PM 111111111PrirglINCI.Mia■I1111i����l�l� :«�WMh 111111 GENERAL WARRANTY DEED THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BRAZORIA § That, City of Pearland, of the County of Brazoria, Texas, (hereinafter referred to as Grantor) whether one or more, for and in consideration of the sum of TEN DOLLARS ($10.00) and for other good and valuable consideration to Grantor paid by Beazer Homes Texas, LP, the receipt and sufficiency of which is hereby acknowledged, and by these presents do Grant, Bargain, Sell, and Convey unto Beazer Homes Texas, LP, (hereinafter referred to as Grantee), its successors and assigns, all that certain tract or parcel of land lying and being situated in Brazoria County, Texas, more particularly described in the Metes and Bounds description labeled Exhibit "A", which are attached hereto and incorporated herein for any and all purposes. The Property conveyed shall include all right, title and interest, if any, of Grantor in and to, (1) any land lying in a street, road, tollway, accessway or easement (including any drainage or flood control easement) open or proposed, in front of, at the side of, adjoining, or within the Property, (2) the bed and banks of any bayou, stream, canal or ditch adjoining or adjacent to the Property, (3) all reversionary rights attributable to the Property, and (4) all rights of ingress and egress to the Property by way of open or dedicated roads and streets adjoining the Property. This conveyance is made by Grantor and accepted by Grantee subject to all valid and subsisting encumbrances, conditions, covenants, restrictions, reservations, exceptions, rights-of-way and easements appearing of record in the Official Public Records of Real 1 Rev 1.0.2 R2013-66 Property of Brazoria County, Texas, relative to the Property, but only to the extent the same are applicable to and enforceable against Grantee. Grantor reserve all of the oil, gas and sulphur in and under the land herein conveyed but waive all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same; however, nothing in this reservation shall affect the title and rights of the Grantee, its successors and assigns, to take and use all other minerals and materials thereon, therein and thereunder. TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantor, its successors and assigns, forever, and Grantor does hereby bind itself, its successors and assigns, to Warrant and Forever Defend all and singular the said premises unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof, subject to reservations from and exceptions to warranty and conveyance described above. Executed this 1 3th day of May , 2013 CITY OF PEARLAND, a Texas municipal corporation /I By: ,;... Name: Bill Eisen Title: City Manager Page 2 of 3 Rev 1.0.2 R2013-66 Acknowledgement THE STATE OF TEXAS § , § COUNTY OF b § BEFORE ME, the undersigned Notary Public, on this day personally appeared ti a040 , 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 j514`' DAY OF Lgtr , A.D., 20 . • / . G i �1 ' •• . .0' A-/.�.�soe r rr�ooao e� �4�Y0`4t' MARIA E.RODRIGUEZ NO RY PUBLIC, STATE OF�% •� Notary Public,State of Texas Q /, ";,'o My Commission Expires: Printed Name: �Q,r-tou G . RicuE.2 02/26/2017 1 My Commission Expires: D02'o_I'oe.O/7 AFTER RECORDING RETURN TO: Darrin M. Coker, City Attorney City of Pearland 3519 Liberty Drive Pearland, TX 77581 Page 3 of 3 Rev 1.0.2 R2013-66 TRACT I 0.081 ACRES D.H.M. Hunter Survey David L. Smith Regional Detention Area Abstract No. 76 City of Pearland STATE.OF TEXAS § COUNTY OF BRAZORIA § METES AND BOUNDS DESCRIPTION of a 0.081 acre tract in the D.H.M. Hunter Survey, Abstract No. 76 Brazoria County, Texas_ Said 0.081 acre tract is a part of Lot 1 of the Walcott's Pear-land Subdivision as recorded in Volume 35, Page 241 of the Brazoria County Deed Records. Said 0.081 acre tract is more particularly described as follows: BEGINNING at a 5/8 inch iron rod (with cap stamped"Walsh Surveying Inc.") set at the point of intersection of the north line of said Walcott's Pear-land Subdivision with the west right-of-way line of Old Alvin Road (based on a width of 80 feet); THENCE, South 02°41'59' East, along the west line of Old Alvin Road for a distance of 105.28 feet to a 5/8-inch iron rod (with cap stamped "Walsh Surveying Inc.") set for the southeast corner of the herein described tract; THENCE, South 87°18'01" West, along the south line of said Lot 1 for a distance of 102.86 feet to a 5/8-inch iron rod ( with cap stamped "Walsh Surveying Inc.") set for the southwest corner of the herein described tract; THENCE, North 41°38'00' East, along the aforementioned north line of Walcott's Pear-Land Subdivision, same being the north line of said Lot 1 for a distance of 147.18 feet to the POINT OF BEGINNING, containing a computed area of 0.081 of an acre (3,514 square feet) of land area. NOTE: The bearings shown hereon are based on City of Pearland monumentation, Texas State Plane Coordinate System, (South Central Zone 4204) NAD 83, 1986 Adjustment_ January 14,1999 , t `'`_ P D, WI Walsh Surveying, Inc. " --Y 2006 E. Broadway, Suite 105 Michael D. Wilson, R.P.L.S. Pearland,Texas, 77581 Registration No. 4821 (281) 485-3991 Job No. 98-141 C9( 114-[9 _ = VO..t.lirtil 4 x.61 .V 1 'V t MICHAEL D. viiLSON Mp cl 482 j �`v - t`�--ate.'', 3 o p.+y-• FILED and RECORDED Instrument Number: 2013027809 Filing and Recording Date: 06/11/2013 10:10:45 AM Pages: 5 Recording Fee: $53.00 I hereby certify that this instrument was FILED on the date and time stamped hereon and RECORDED in the OFFICIAL PUBLIC RECORDS of Brazoria County, Texas. .., , ., °' y+ w.swse. y ", rR, rN + i II Joyce Hudman, County Clerk \ \ t: /t;1.`. �./ -� �y.,• Brazoria County, Texas V ; ANY PROVISION CONTAINED IN ANY DOCUMENT WHICH RESTRICTS THE SALE, RENTAL, OR USE OF THE REAL PROPERTY DESCRIBED THEREIN BECAUSE OF RACE OR COLOR IS INVALID UNDER FEDERAL LAW AND IS UNENFORCEABLE. DO NOT DESTROY- Warning, this document is part of the Official Public Record. cclerk-megan 2013027810 ROW Total Pages: 7 PM ■III 1431AUC4 AN i l ItitiriiikIVillyi 11111 SIDEWALK EASEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BRAZORIA § That Beazer Homes Texas, LP (GRANTORS), being the owners in fee simple of the hereinafter described property located in Pearland, Brazoria County, Texas, for and in consideration of the sum of Ten Dollars ($10.00) cash paid by the City of Pearland, Texas, (GRANTEE) and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, grant, convey, sell, transfer, release, and forever quit-claim unto the said City of Pearland, a municipal corporation situated in Brazoria, Fort Bend, and Harris Counties, Texas, whose mailing address is 3519 Liberty Drive, Pearland, Texas 77581, its successors and assigns, a sidewalk easement ("EASEMENT"), described by metes and bounds and map attached hereto as Exhibits "A" and "B" and made a part hereof for all purposes. This EASEMENT is granted for purposes including but not limited to construction, reconstruction, maintenance, repair or removal of sidewalks, subject only to the provisions and conditions herein specified. GRANTEE, its officers, agents, employees, successors, and assigns, shall have the right and privilege to enter upon the land covered by the EASEMENT, and all premises adjacent to the outside boundaries of said easement, to the extent necessary and at any time that GRANTEE deems proper for the purpose of exercising GRANTEE'S rights and privileges thereon or thereunder pursuant to this conveyance; and for the purpose of removing trees, brush, undergrowth, and other obstructions interfering with the location, construction, reconstruction, maintenance, or repair of sidewalks authorized hereunder; and for ingress and egress to and from said EASEMENT. It is hereby understood, and by the acceptance of this instrument it is recognized, that GRANTORS retain title to all of the oil, gas, sulfur and other mineral interests in and under said easement, but expressly waive any and all rights of ingress and egress to the surface thereof for the purpose of exploration, developing, mining, or drilling for the same; provided, however, that operations for exploration or recovery of any such minerals shall be permissible so long as all surface operations in connection therewith are located at a point outside of the above described EASEMENT, and upon the condition that none of such operations shall be conducted so near the surface of said 1 EASEMENT as to interfere with the intended use thereof or in any way interfere with,jeopardize or endanger the facilities of the City of Pearland or create a hazard to the public users thereof. GRANTORS hereby agree, bind, and obligate themselves, their heirs, agents, or assigns, that no buildings shall be placed in, on or along said EASEMENT. The rights granted herein shall not be construed to interfere with or restrict the Grantor and his/her/its assigns from the use of the premises with respect to the construction and maintenance of improvements adjacent to or within the premises herein described so long as the same are so constructed as not to impair the strength or interfere with the use and maintenance of the sidewalk. Without limitation of the foregoing, Grantor shall have the right (subject to obtaining any necessary curb cut permits for access to adjacent streets) to cross the sidewalk with a driveway or driveways, provided that Grantor shall repair at Grantor's expense any damage done to the sidewalk in connection with the construction of the driveways. To have and hold perpetually, the above described property and EASEMENT for said purposes, together with all the rights and appurtenances thereto in anywise belonging to GRANTEE, its officers, agents, employees, successors, and assigns, forever, upon the condition that GRANTEE will at all times, after doing any work in connection with the construction, reconstruction, repair or removal of said sidewalks, endeavor to restore said premises to the condition consistent with the use of the EASEMENT that is typical for the property, considering the work undertaken by the GRANTEE, and that in the use of said rights and privileges herein granted to GRANTEE will not create a nuisance or do any act that will be detrimental to said premises. The grant of this easement is subject to any and all matters of record affecting the Premises and matters that would be shown by a current on-the-ground survey of the Premises. Executed this Z.q day of /'14 y , 20 / 3 . Grantor: Beazer Homes Texas,LP l BY:NAME: 6fr--, (d/ew,u•i TITLE: La /T 1.7 - -A7ciyroev 2 AFTER RECORDING RETURN TO: Damn M. Coker, City Attorney City of Pearland 3519 Liberty Drive Pearland, TX 77581 3 THE STATE OF TEXAS § § COUNTY OF /14/04/5 § BEFORE ME, the undersigned Notary Public, on this day personally appeared &h ee Co l en,avi ,of Beazer Homes Texas, LP, a limited partnership, 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 as the L,fO NJ atiay ems. of Beazer Homes Texas, LP, a limited partnership. GIVEN UNDER MY AND SEAL OF OFFICE THIS 2..._q DAY OF ncu,O , A.D., 20 A ' , i TARY PUBLIC, STATE OF TEXAS I C :�"!?Yo ., JULIE SUE GLASS ii T inted Name: �L (� ?`.'1_'�= Notary Public, State of Texas. X5,0; /\ ,« My Commission Expi-; xp I3, l0 rioi;E� May f• My Commission Expires: 4 May 09, 2013 Job No. 1406-3110 DESCRIPTION OF 0.142:ACRE (6,199 SQUARE FEET) SIDEWALK EASEMENT Being 0:142 acre (6,199 square feet) of land located in the H.T.& B. R.R. Survey, Abstract 233, Brazoria County, Texas, more particularly being a portion of that certain called 27.596 acres tract, described as Part 2, conveyed to Beazer Homes, Texas, L.P by instrument of record in File. Number. 2013005259, of the Official Public Records of Brazoria County, (B.C.O.P.R.). All bearings based on the. Texas Coordinate System, South Central Zone, NAD 83, 2001 Adjustment; BEGINNING at the southwest corner of said 27.596 acres tract, same being a point on the east right-of-way line of Old Alvin Road, from which a found 1/2-inch iron rod bears North 26° 04' 42" East, 0.62 feet and a point on the common line of aforementioned H.T. & B. R.R. C o. Survey, Abstract 233 and the D.H.M. Hunter Survey, Abstract 76 ; Thence, leaving said common survey line, with said east right-of-way line and the west line of said 27.596 acres, North 02° 38' 45" West, 622.66 feet to a point for corner on the southerly line of that certain Seaway Crude Pipeline Company, LLC easement (50 feet wide) of record in File Number 2013002843, B.C.O.P.R,,from which a found 1/2-inch iron rod marking the northwest corner of said 27,596 acres and the southwest corner of Twin Wood Subdivision, of record in Volume 17, Pages 295 and 296, B.C.P.R. bears.North 02' 38' 45" West. 474.39 feet; Thence, North 61'37' 28" East, departing said east right-of-way line and the west line of said 27.596 acres, with the southerly line of said easement, 1.1.10 feet to a point for corner; Thence, departing said southerly line, South 02 38' 45" East, 617.17 feet to a point for corner on the southerly line of aforementioned 27:596 acres; Thence,South 41` 29' 43' West, along the south line of said 27.596 acres, 14.36 feet to the POINT OF BEGINNING, and containing 0.142 acre (6,199 square feet)of land. ,� -y,, LJA Engineering, Inc. . Page 1 of 1 .....viit„freilt I:\Projdskl;SURVEY\1406\3110\M&B\Q.142AC SwEsmt dcc (...,./i.,;;;.-:., ',i -';:ji4;5974,1 w s 1� 247 ----"--------------r--------n TWIN WOOD SUBDIVISION (Vol. 17, (Pg. 295-296 B.C.P.R.) i FOUND 1 /2" s \C., 1 0 1 BOLD ¢: ,- > \gx-- n - c,4 �P Zpl\,, Scale: } , ' `k 1" = 80' 4 Ll D,..i Cas Q4. ( tY_ BEAZER HOMES TEXAS, LP. $1.572 p■.C. fl P ART 2, 27.590 A.C•) 1 F1tE X14. 20113045259' B.C.O.P.R• .:142 AC 4' 0 (6,199 SQ.FT.) -°'" LOT 94 ..ID� � a�� �� ,, / . �� ' _..1 0.�.� to Q7' --, �� 1-S.' tzz- ' ° r • 'Zj �4w I z ,. 1 . Line Table I `✓ I� G, ,,vr Line# Direction Length ��PRLr� ,,gVSk `\909O L1 : lvsl'37'28°e 11.9!}' S05‘)`,2fls30 IL2 841"25'43"1N 14.38' DOG' g C-9.r' EXHIBIT OF P.O.B. o.142 ACRE SW Cor. 27.596 AC. 4. (6,199 SQUARE FEET) From which a Found SIDEWALK EASEMENT 1/2" IR Bears LOCATED IN THE N26'04'42",0,62' H.T AB. R.R CO. SURVEY, A-233 Notes: BRAZORIA COUNTY, TEXAS All bearings based on the MAY 2013 JOB NO. 1406---3110 Texas Coordinate System, LJA Engineering, Inc. South Central Zone, NAD 83 L2 2929BFrerparkDrive Phone 713.�� 2001 Adjustment. 1 Suite800 Fax 713.953.5028 Houston,Texas 77042 t:1gltijQSK tlbUKVt7S141.1614 f ttss.4tJ1 VCamB.VIO.`> n-ta8L• ' FILED and RECORDED Instrument Number: 2013027810 Filing and Recording Date: 06/11/2013 10:10:45 AM Pages: 7 Recording Fee: $36.00 I hereby certify that this instrument was FILED on the date and time stamped hereon and RECORDED in the OFFICIAL PUBLIC RECORDS of Brazoria County, Texas. OF to ��t1« 't �� Jo \11.re r� Joyce Hudman, County Clerk }� Brazoria County, Texas ANY PROVISION CONTAINED IN ANY DOCUMENT WHICH RESTRICTS THE SALE, RENTAL, OR USE OF THE REAL PROPERTY DESCRIBED THEREIN BECAUSE OF RACE OR COLOR IS INVALID UNDER FEDERAL LAW AND IS UNENFORCEABLE. DO NOT DESTROY- Warning, this document is part of the Official Public Record. cclerk-megan 2013029102 ROW Total Pages: 2 PC IIIINFAIIRIIIMION Mt MI K NIMIllyi, 11111 EASEMENT SUBORDINATION STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS COUNTY OF BRAZORIA § BANK OF HOUSTON, a state chartered bank ("Lienholder") is the holder of that certain Promissory Note in the original principal amount of $300,000.00 dated June 22, 2009, executed by MCHARD INTERESTS, LTD., a Texas limited partnership ("Borrower"), which note is secured by that certain Deed of Trust, Security Agreement and Financing Statement dated of even date therewith (the "Deed of Trust"), executed by Borrower in favor of Lienholder and recorded under Clerk's File Number 2009027433 in the Real Property Records of Brazoria County, Texas, covering approximately 3.3212 acres of land out of Lot 2, of Walcotts's Pear-Land Subdivision, as more fully described therein (the "Property"). Borrower has executed or will execute a certain Sidewalk Easement (the "Easement") in favor of the City of Pearland,Texas covering a portion of the Property. For TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration paid by Borrower, the receipt and sufficiency of which are hereby acknowledged by Lienholder, Lienholder does hereby expressly subordinate its liens encumbering the Property (including the lien of the Deed of Trust) to the easement rights contained in the Easement. EXECUTED this the 7 day of May, 2013. BANK OF HOUSTON, a state chartered bank By: Name: er(c. Ger `'j Title: 00(44% �tehJ CEp STATE OF TEXAS § COUNTY OF Ny `� � § This instrument was acknowledged before me on the /4 day of May 2013, by E rs c_ Corks , lJ ow µ Ke'i oh,C-Oof BANK OF HOUSTON, a state chartered bank, on behalf of said bank. .... 4PC;ia tAZO ?" :. >,1NIISSION EXPIRES 1,..''' ++, y 28,2014 O" r. Notary Public in and f the State of Texas 1 BANKOFHOUSTON\MCHARDINTERESTS\ Subordination\EasementSubordination FILED and RECORDED Instrument Number: 2013029102 Filing and Recording Date: 06/17/2013 02:54:57 PM Pages: 2 Recording Fee: $16.00 I hereby certify that this instrument was FILED on the date and time stamped hereon and RECORDED in the OFFICIAL PUBLIC RECORDS of Brazoria County, Texas. rK�oFr� r � 1i ,, p � 1 Joyce Hudman, County Clerk Brazoria County, Texas 14 of ANY PROVISION CONTAINED IN ANY DOCUMENT WHICH RESTRICTS THE SALE, RENTAL, OR USE OF THE REAL PROPERTY DESCRIBED THEREIN BECAUSE OF RACE OR COLOR IS INVALID UNDER FEDERAL LAW AND IS UNENFORCEABLE. DO NOT DESTROY- Warning, this document is part of the Official Public Record. cclerk-megan 2013028775 ROW Total Pages: 9 PC lIIIIMRE Mill hilt Mgr KR MIR11111 SIDEWALK EASEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BRAZORIA § That McHard Interests, Ltd. (GRANTORS), being the owners in fee simple of the hereinafter described property located in Pearland, Brazoria County, Texas, for and in consideration of the sum of Ten Dollars ($10.00) cash paid by the City of Pearland, Texas, (GRANTEE) and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, grant, convey, sell, transfer, release, and forever quit-claim unto the said City of Pearland, a municipal corporation situated in Brazoria, Fort Bend, and Harris Counties, Texas, whose mailing address is 3519 Liberty Drive, Pearland, Texas 77581, its successors and assigns, a sidewalk easement ("EASEMENT"), described by metes and bounds and map attached hereto as Exhibits "A" and "B" and made a part hereof for all purposes. This EASEMENT is granted for purposes including but not limited to construction, reconstruction, maintenance, repair or removal of sidewalks, subject only to the provisions and conditions herein specified. GRANTEE, its officers, agents, employees, successors, and assigns, shall have the right and privilege to enter upon the land covered by the EASEMENT, and all premises adjacent to the outside boundaries of said easement, to the extent necessary and at any time that GRANTEE deems proper for the purpose of exercising GRANTEE'S rights and privileges thereon or thereunder pursuant to this conveyance; and for the purpose of removing trees, brush, undergrowth, and other obstructions interfering with the location, construction, reconstruction, maintenance, or repair of sidewalks authorized hereunder; and for ingress and egress to and from said EASEMENT. It is hereby understood, and by the acceptance of this instrument it is recognized, that GRANTORS retain title to all of the oil, gas, sulfur and other mineral interests in and under said easement, but expressly waive any and all rights of ingress and egress to the surface thereof for the purpose of exploration, developing, mining, or drilling for the same; provided, however, that operations for exploration or recovery of any such minerals shall be permissible so long as all surface operations in connection therewith are located at a point outside of the above described EASEMENT, and upon the condition that none of such operations shall be conducted so near the surface of said 1 EASEMENT as to interfere with the intended use thereof or in any way interfere with,jeopardize or endanger the facilities of the City of Pearland or create a hazard to the public users thereof. GRANTORS hereby agree, bind, and obligate themselves, their heirs, agents, or assigns, that no buildings shall be placed in, on or along said EASEMENT. The rights granted herein shall not be construed to interfere with or restrict the Grantor and his/her/its assigns from the use of the premises with respect to the construction and maintenance of improvements adjacent to or within the premises herein described so long as the same are so constructed as not to impair the strength or interfere with the use and maintenance of the sidewalk. Without limitation of the foregoing, Grantor shall have the right (subject to obtaining any necessary curb cut permits for access to adjacent streets) to cross the sidewalk with a driveway or driveways, provided that Grantor shall repair at Grantor's expense any damage done to the sidewalk in connection with the construction of the driveways. To have and hold perpetually, the above described property and EASEMENT for said purposes, together with all the rights and appurtenances thereto in anywise belonging to GRANTEE, its officers, agents, employees, successors, and assigns, forever, upon the condition that GRANTEE will at all times, after doing any work in connection with the construction, reconstruction, repair or removal of said sidewalks, endeavor to restore said premises to the condition consistent with the use of the EASEMENT that is typical for the property, considering the work undertaken by the GRANTEE, and that in the use of said rights and privileges herein granted to GRANTEE will not create a nuisance or do any act that will be detrimental to said premises. The grant of this easement is subject to any and all matters of record affecting the Premises and matters that would be shown by a current on-the-ground survey of the Premises. Executed this day of , 20 i5 . Grantor: McHard Interests, Ltd., a Texas limited liability partnership BY: McHard GP, LLC, a Texas Limited liability c mpany, I,&IA&ner partn , ,A .C412-, p17a- NAME:c_,}ety7,-I? .1& TITLE: /-(c/mete - /plc//C', LLC.. 2 AFTER RECORDING RETURN TO: Darrin M. Coker, City Attorney City of Pearland 3519 Liberty Drive Pearland, TX 77581 3 THE STATE OF TEXAS § § COUNTY OF § BEFORE ME, the undersigned Notary Public, on this day personally appeared ,of McHard GP, LLC, a Texas limited liability company, 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 as the general partner of McHard Interests, Ltd, a Texas limited partnership. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS /0 DAY OF M 4 y , A.D., 20 1 3 . 41 / (e.e.„, ,x_____— °01111111/iii NO ►ARY PUB6C, STATE OF TEXAS OW MG 1/F `Il• iPilk�'�e;..\40A� Printed Name: J(A II US 13(bw/, J j Z My Commission Expires: Os /pD- /a, ii • 0444i4i4RY 22, �`$ 4 April 26, 2013 t"X/-tJ1'f'4 Job No. 1406-3101 DESCRIPTION OF 0.114 ACRES (4,945 SQUARE FEET) SIDEWALK EASEMENT Being 0.114 acre (4,945 square feet) of land located in the D.H.M. Hunter Survey, Abstract 76, Brazoria County, Texas, more particularly being a portion of that certain called 3.3212 acres tract, conveyed to McHard Interest, LTD, by instrument of record in File Number 2006037228, of the Official records of Brazoria County, B.C.O.P.R.; BEGINNING at the southeast corner of said 3.3212 acres tract, same being the most southerly cutback corner in the north line of McHard Road 150 foot right-of-way, with the west line of Old Alvin Road; Thence, South 87° 17' 15" West, along the south line of said 3.3212 acres tract and the north line of McHard Road, 14.17 feet to a point for corner; Thence, North 42° 24' 53" East, departing the south line of said 3.3212 acres tract and the north line of McHard Road, 34.92 feet to a point for corner; Thence, North 02° 42' 48" West, 68.80 feet to a point for corner, the beginning of a curve; Thence, 197.69 feet along the arc of a non-tangent curve to the right, having a radius of 2056.66 feet, a central angle of 05° 30' 26", and a chord which bears North 00° 16' 20" East, 197.61 feet to a point for corner, the beginning of a reverse curve; Thence, 193.99 feet along the arc of a tangent curve to the left, having a radius of 1936.66 feet, a central angle of 05° 44' 21", and a chord which bears North 00° 09' 23" East, 193.91 feet to a point for corner, same being a point on the north line of aforementioned 3.3212 acres tract; Thence, North 87° 17' 12" East, along the north line of said 3.3212 acres tract, 10.00 feet to a point for corner, the beginning of a curve, same being the northeast corner of said 3.3212 acres tract and a point on the west line of aforementioned Old Alvin Road; Page 1 of 2 I:\Projdsk1\SURVEY\1406\3101\M&B\SwEsmt_0.114AC.doc 0.114 acre April 26, 2013 Job No. 1406-3102 Thence, along the east line of said 3.3212 acres tract and the west line of Old Alvin Road, the following four(4) courses: 1. 194.99 feet along the arc of a non-tangent curve to the right, having a radius of 1946.66 feet, a central angle of 05° 44' 21", and a chord which bears South 00° 09' 23"West, 194.91 feet to a 5/8-inch iron rod with cap stamped "Wilson" found for corner, the beginning of a reverse curve; 2. 196.71 feet along the arc of a tangent curve to the left, having a radius of 2046.66 feet, a central angle of 05° 30' 24", and a chord which bears South 00° 16' 21"West, 196.63 feet to a point for corner; 3. South 02°42' 48" East, 72.93 feet to a point for corner; 4. South 42°24' 53"West, 29.03 feet to the POINT OF BEGINNING and containing 0.114 acre (4945 square feet) of land. This description is based on record information only and does not reflect an on the ground survey. All corners were not set at the client's request. /497ce.0 .*:,,,%, *eik's;', /I ..---- : LJA Engineering, Inc. KITH W. fV20,11;;lam '0,1. 1, ,, )4 4 z,-Z O/3 Page 2 of 2 I:\P roj dsk 1\S U RV EY\1406\3101\M&B\SwEs mt 0.114AC.doc o >r Q o .Z/ 100.00' / z Scole: FOUND 5/8 IR / ° 80� WC, CL DAVIS �l, - RhLS 4464 ' C �- �/ Q Line Table C'.�� g��� 0 Line# Direction Length .7 cls. N /X� 0.114 AC U U —J L1 :.;: 14.17'(4°945 SQ� O L2 34.92' �'<b J 'R- L3 NO2°42'48"W 68.80' d .• , �CJ ` ■ C) L4 N87°17'12"E 10.00' \ey . ' '.-Nf , ,.- L5 S02'42'48"E 72.93' �,c\' P 22ca • 99.97' L6 S42°24'53"W 29.03' Q '\ 1 Q r 1 / P.`O Q 9:0°� vO . W/C, WILSON FOUND 5/8 IR G� �� Q �' RPPII S a_ 4464 DAVIS f� GPI' �� G•0 ` 0 G P1EW f�`l G �' LPN \ON 0 v PEP S�g00 90A909 200 000. N8•CP'R• Curve Table Curve# Length Radius Delta B Chord Chord earing D stance FOUND 5/8 IR - W/C, CL DAMS C1 197.69' 2,056.66 5°30'26" N00°16'20"E 197.61' ' RPLS 4464 •L 99.94 C2 193.99' 1,936.66 5°44'21" N00°09'23"E 193.91' C3 194.99' 1,946.66 5°44'21" S00°09'23"W 194.91' I J J FOUND 5/8 IR C4 196.71' 2,046.66 5°30'24" S00°16'21"W 196.63' W/C' 4 DAVIS 99.93' RPLS RPLS 44 464 :_2(c,9* ...- - - L1 P.O.B. EXHIBIT OF ROAD 0.114 ACRE ` yi r ill,c,,,,,,4,-s- � ' (4,945 SQUARE FEET) SIDEWALK EASEMENT (c. q' -tf it t`/7i', 0'�:f c� LOCATED IN THE 4'ZG `i 4797,4\x', D.H.M. HUNTER SURVEY, A-76 ` f i ?A ii BRAZORIA COUNTY, TEXAS Notes: '4,4.,i� i7 ,.", APRIL 2013 JOB NO. 1406-3101 iv All bearings based on the Texas Coordinate LJA engineering,Inc. IA S stem,South Central Zone, NAD 83 2001 29298riarparkDrive Phone 713.953.5200 y Suite 600 Fax 713.953.5026 Adjustment. Houston,Texas 77042 I:1"roiossi\buKVtTn4ub%a iu nc,aatbCCtsmtrngnhc,ross.awg EASEMENT SUBORDINATION STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS COUNTY OF BRAZORIA § BANK OF HOUSTON, a state chartered bank ("Lienholder") is the holder of that certain Promissory Note in the original principal amount of $300,000.00 dated June 22, 2009, executed by MCHARD INTERESTS, LTD., a Texas limited partnership ("Borrower"), which note is secured by that certain Deed of Trust, Security Agreement and Financing Statement dated of even date therewith (the "Deed of Trust"), executed by Borrower in favor of Lienholder and recorded under Clerk's File Number 2009027433 in the Real Property Records of Brazoria County, Texas, covering approximately 3.3212 acres of land out of Lot 2, of Walcotts's Pear-Land Subdivision, as more fully described therein (the "Property"). Borrower has executed or will execute a certain Sidewalk Easement (the "Easement") in favor of the City of Pearland, Texas covering a portion of the Property. For TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration paid by Borrower, the receipt and sufficiency of which are hereby acknowledged by Lienholder, Lienholder does hereby expressly subordinate its liens encumbering the Property (including the lien of the Deed of Trust) to the easement rights contained in the Easement. EXECUTED this the I day of May, 2013. BANK OF HOUSTON,a state chartered bank By: Name: eric Gor � Title: t (0 i01J C.F� STATE OF TEXAS § COUNTY OF M°1\ et This instrument, was acknowledged before me on the 7N day of May, 2013, by Eric- Curley , fJO , j;o ,coof BANK OF HOUSTON, a state chartered bank, on behalf of said bank. !4AC.iEL t_AZO • +4`":On1M+SaON EXPIRES It;11+aty28,2014 Notary Public in and f the State of Texas 1 BANKOFHOUSTON\MCHARDINTERESTS\ Subordination\Easements ubordination FILED and RECORDED Instrument Number: 2013028775 Filing and Recording Date: 06/14/2013 03:10:55 PM Pages: 9 Recording Fee: $44.00 I hereby certify that this instrument was FILED on the date and time stamped hereon and RECORDED in the OFFICIAL PUBLIC RECORDS of Brazoria County, Texas. (� J Joyce Hudman, County Clerk Brazoria County, Texas • CYF Fllz` ANY PROVISION CONTAINED IN ANY DOCUMENT WHICH RESTRICTS THE SALE, RENTAL, OR USE OF THE REAL PROPERTY DESCRIBED THEREIN BECAUSE OF RACE OR COLOR IS INVALID UNDER FEDERAL LAW AND IS UNENFORCEABLE. DO NOT DESTROY- Warning, this document is part of the Official Public Record. cclerk-megan INDEMNIFICATION, RELEASE, AND HOLD HARMLESS AGREEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BRAZORIA That, Beazer Homes Texas, LP (the "Developer") hereby represents unto McHard Interests, Ltd., (the"Owner"), that the clearing of vegetation and construction of a six-foot wide sidewalk within the easterly 10 feet (the "Sidewalk Easement") of Owner's property at the northwest corner of McHard Road and Old Alvin Road, consisting of Block 2, Tract 2,Abstract 76, DHM Hunter Survey in Pearland, Texas, is required for the mutual benefit of the development of Developer's and Owner's properties. In consideration for the Owner's agreement to authorize use of the above referenced Sidewalk Easement and recognizing that such activity involves certain inherent risks and dangers to persons and property because the Sidewalk Easement is located on property owned by the Owner, Developer hereby assumes the risks of such construction activity, including property damage and physical injury during the period of Developer's construction activities in the Sidewalk Easement. Further, Developer will indemnify, release, and hold harmless the Owner, including but not limited to, its partners, officers, agents, and employees, in both their public and private capacities, from and against any and all damages, costs, expenses and attorney's fees for all claims and suits, including but not limited to claims and suits for death, personal injury and property damage, arising out of or connected with Developer's construction activities in the Sidewalk Easement and Developer shall provide a certificate of insurance showing Owner as additional insured with a waiver of subrogation. Further, prior to commencement of the sidewalk installation, Developer shall cause the plans for the sidewalk to be submitted to Owner for review and approval, with such approval not to be unreasonably withheld; provided that clearing of trees from the Premises may begin prior to submittal of the sidewalk plans, but after execution of this Agreement and provision of the certificate of insurance described herein. It is further agreed that the acceptance by Owner of this Agreement shall not constitute a waiver by the Owner of any defense recognized by the courts of this state. SIGNED this 3 0 day of /4,pio , 20 /3 . Signat - (wP' (- Q THE STATE OF TEXAS LO /'Tay 49 o, _ //04,5 rem/ COUNTIES OF BRAZORIA AND HARRIS BEFORE ME, the undersigned Notary Public, on this day personally appeared 6''51 Co e4/4, , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS , A ) DAY OFA\IZ11-A.D.,20 1 �.��,��.•"•Y'�s, JULIE SUE GLASS � - �4 GtA0 =�' � Notary Public,State of Texas _/ ,eN ,, My Commission Expires •,,,,°;,`,�`8 May 13, 2015 VARY PUBLIC IN AND FOR THE GESTATE OF TEXAS ' My Commission Expires: �� I ./Printed Name: J UL t & C7 5 • 41 w ®;• FM ,oFT: iAY 22 1ECO -rr ifAJUND t T EX A S l I May 21, 2013 s --ta9 corny Beazer Homes, Texas LP Attn: Greg Coleman 0110 W. Sam Houston Parkway, North Suite A-100 Houston, Texas 77064 Re: City of Pearland Development Agreement, Associated with Highland Crossing Subdivision Resolution No. R2013-68 Meeting: May 13, 2013 Dear Mr. Coleman Please find enclosed two (2) copies of the Development Agreement along with two (2) General Warranty Deeds which have been signed and notarized in the above referenced matter. Upon your execution please return all originals for proper recording in the self-stamped address envelope which has been provided. Should 'you have any question please feel free to contact me at mrodriguez©ci.pearland.tx.us or 281-652-1840. Thanking you in advance for your prompt attention to this matter. Sincerely, Lkah . L 4:416z-Ltu_a Maria E. Rodriguez � �A' r Deputy City Secretary 1 281-652-1840 Encls a (So P6-1 c(o F zoo/. 6 i,_, Ca (ee 3519 LIBERTY DRIVE•PEARLAND,TEXAS 77581-5416•281-652-1600•www.ci.pearland.tx.us `may Printed on Recycled Paper