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Right of Way Easement Discussion

Good afternoon everyone!

An opportunity has been presented to the Board of Directors which has pros and cons. The Board has been approached by a land developer, Paul Grohman, and his associate, Thomas Alexander seeking to obtain an easement through some land at the back of the Lakes of Highland Glen, behind Briarsage Lane, in the gated section near Clear Creek. To be clear, LOHG would still own the land, the buyers are looking to purchase a right of way only. Through previous discussions, they have agreed to put stipulations on the sale of this easement, particularly that the only acceptable zoning for this easement will be Open Space or Residential (R1), which means single family homes on 80 foot lots selling for a minimum of $400,000. According to the survey, the land they would like to purchase the easement on is at least 300 feet from any LOHG lot.

They are attempting to sell a larger piece of open space land they own to Harris County as part of a drainage project, where the land would remain open space. Per the potential buyers, their land was boxed in when another subdivision, the Preserve at Highland Glen, went up off Hughes Road and obtaining this right of way easement will increase their land’s value.

They would like to pay the HOA $25,000 to obtain this right of way easement.

Before this matter is voted on, we would like to invite residents to weigh in and ask questions, either at the March meeting or via email (). The March meeting will be held at 7pm on Wednesday, March 6, 2019 at St. Andrews (the Pumpkin Church). At this meeting, Paul Grohman, the aforementioned land developer, will be in attendance as he has been for many previous meetings. This will allow residents to ask him questions directly and allow the Directors to get a feel for how the community feels about this issue. Please see the most recent and thorough email with attachments from their attorney below.

Thank you so much,
The LOHG Board of Directors

Attachments:

As you are aware, I represent A & G Creekside Venture No. 1, LLC [“my Client”], who seeks to acquire a non-exclusive easement over lands owned by the Lakes of Highland Glen Home Owners, Association, Inc. [“the Association”] to re-establish access to a public right of way to lands owned by my Client.

It has been requested that I state the reasons why it is necessary that my Client acquire the Easement …

My Client no longer has access to its property because plat dedications affecting, and the development of, lands which adjoin its property have “cut-off” access to a public right-of-way. My Client seeks to acquire the Easement as part of a comprehensive plan to re-establish such access. The lands owned by the Association are referred to in this plan as “Parcel 2”. Attached please find an Exhibit Map of Parcel 2 for your reference.

My Client is willing to acquire the Easement for a cash payment of $25,000.00. The terms and conditions of the Easement are contained in the instrument styled “Non-Exclusive Access & Utility Easement,” a copy of which is attached hereto [the “Easement”]. As requested by the Board of Directors of the Association, I have revised the fourth (4th) paragraph of Page 2 of the draft previously submitted to make clear that to the construction of any Improvements located within the boundaries of the Easement by my Client must have all necessary permits and must comply with all building regulations.

Additionally, in consideration of the granting of the Easement by the Association, my Client will agree to restrict the future use on its property, which is currently zoned as Open Space. The terms and conditions of the restricted use are contained in the instrument styled “Future Land Use Restrictions,” a copy of which is attached hereto [the “Restrictions”]. As requested by the Board of Directors of the Association, I have revised the fourth (4th) paragraph of Page 2 of the draft previously submitted to make clear that to the Restrictions will be in perpetuity.

Of course, should you or any member of the Association have any question regarding the terms of the Easement and/or the Restrictions please do not hesitate to contact me,

Sincerely,
Kenneth R Phillips
PHILLIPS & PHILLIPS, PLLC
3322 E. Walnut Street, Suite 111
Pearland, Texas 77581
281/412-9003: Phone
281/412-4735: Fax