Last updated: January 21, 2006








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Clear Lake City

Frequently Asked Questions


Click on one of the following questions to jump straight to its answer, or scroll down this page to browse all of the questions and answers.
  1. Who owns the Clear Lake Golf Club?
  2. What's with all the "Keep Green Space Green" signs throughout the Clear Lake City core neighborhoods? How do I get one?
  3. What is the history of the Clear Lake Golf Club? What is its status today?
  4. What do the Clear Lake Golf Club deed restrictions actually say?
  5. What does Exxon Mobil Corp. have to do with this situation?
  6. Why do neighborhood residents have anything to worry about today if the property is deed-restricted to remain a golf course until at least 2021?
  7. How is the Clear Lake City Civic League (CLCCL) involved in this situation?
  8. How is the Clear Lake City Green Space Preservation Committee involved in this situation?
  9. How does the golf course situation compare to the situation regarding the two former drill sites in Bay Forest and Bay Oaks?
  10. What statements has Renaissance Golf Group (RGG), the current majority owner of the Clear Lake Golf Club, made regarding the future of the golf course?
  11. How does the June, 2005 Supreme Court decision regarding eminent domain (Kelo v. New London) affect the situation with the Clear Lake Golf Club?
  12. What action has the Clear Lake City Water Authority taken with respect to the Clear Lake Golf Club?
    1. What is the CLCWA property acquisition process?
    2. How will the CLCWA pay for such a major land purchase?
    3. Who will pay for development of the water detention facilities?
    4. What will these water detention facilities be like? Are they going to have standing water in them?
    5. What avenues are available for community input into the detention facility design? What guarantees are there to ensure that community input is used?
    6. What guarantees are there that the property will remain undeveloped into the future?
    7. What timetable are we talking about for the processes of property acquisition and development?
    8. What threats are there to the CLCWA's plans?
    9. What are RGG's obligations regarding the property while the CLCWA is trying to acquire it?
  13. So, everything’s all taken care of, then, right? Homeowners have no reason to worry anymore?



Q1: Who owns the Clear Lake Golf Club?

A1:
The golf course is divided into 10 tracts labeled A through J and there appears to be two owners. From a title report dated 3/23/2005, the following Owners of Record are identified:
As to Tract "J" of Parcel 1: CLEAR LAKE GOLF CLUB, INC., a Texas corporation (Owned by CLUBCORP, INC., a Delaware Corporation who purchased the golf course in 1991)

As to Tracts "A" through "I" of Parcel 1, and Parcel 2: CLEAR LAKE COUNTRY CLUB, L.P., a Delaware limited partnership (CLEAR LAKE COUNTRY CLUB is owned by Renaissance Golf Group (or "RGG"), who purchased 9 of the 10 tracts of the golf course in January 2002)

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Q2: What's with all the "Keep Green Space Green" signs throughout the Clear Lake City core neighborhoods? How do I get one?

A2:
These signs are displayed by residents in the Clear Lake City community who are concerned about the possible development of the Clear Lake Golf Club, 1202 Reseda Dr. The current owners have been actively working since at least January, 2003 to get the property released from deed restrictions that require the property to remain a golf course until 2021. The owners want the restrictions lifted so that the land can be sold to a developer for a much higher price than it could be sold to another golf course operator.

New signs are not currently available.


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Q3: What is the history of the Clear Lake Golf Club? What is its status today?

A3:
The Clear Lake golf course was built by the Friendswood Development Company (or "FDC") in the 1960s, and first opened for business as the "Clear Lake Country Club golf course", a members-only institution. In the late 1980s, around the time FDC completed the Bay Oaks Country Club in the nearby (and then-new) Bay Oaks subdivision, the course was changed to a daily-fee course.

In 1991, when FDC sold the golf course to Clear Lake Golf Club, Inc. (which is owned by a private golf course management company called Club Corp, Inc.), as part of the transaction FDC imposed a deed restriction that said the property must remain a golf course for at least 30 years (1991 + 30 = 2021). Club Corp subsequently sold 9 of the 10 tracts that comprise the golf course to Rennaisance Golf Group, Inc., in 2002, but Club Corp retained ownership of the remaining tract. The original FDC deed restrictions remain in force despite the change in ownership.

RGG floated its first trial balloon regarding golf course development to the Clear Lake City Community Association sometime around January, 2003. From that time until now, RGG has not ceased in their efforts to be released from the deed restrictions so that the property can be sold for development, at a substantial profit.

The Clear Lake golf course closed permanently in October, 2005.


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Q4: What do the Clear Lake Golf Club deed restrictions actually say?

A4:
In summary, they say that the golf course property must remain a golf course or other type of recreational facility until at least 2021, even if it is sold to someone else. The actual text of the deed restriction is far more lengthy and detailed, and the relevant paragraphs are reproduced below:
The Property shall be maintained, improved, used, enjoyed and conveyed in accordance with, and subject to the following covenants, conditions, and restrictions hereinafter set forth (the "Protective Covenants"), all of which are hereby adopted for, and placed upon all parties, now and in any time hereafter, having or claiming any right, title or interest in the Property or any part thereof, their heirs, executors, administrators, successors and assigns, regardless of the source of, or the manner in which such right, title or interest is or may be acquired; provided, however, that Grantor acknowledges that all existing improvements on and uses of the Property as of the effective date of the Deed to which these Protective Covenants are attached and made a part conform hereto and provided further, however, that these Protective Covenants shall cease to exist and be of no further force or effect any time that title to the Property is revested in Grantor, its successors or assigns:

1. Use. The Property shall be restricted for use only as a golf, tennis, athletic, swimming, racquetball, or other recreational activity facility ("Recreational Facility"), with facilities including but not limited to a golf course, tennis courts, swimming pool, racquetball courts, athletic facilities, clubhouse, restaurant and other related and maintenance facilities for a period of thirty (30) years. Thereafter, such use restrictions shall be automatically renewed for consecutive periods of ten (10) years each so long as the permitted use shall be economically viable. Should Grantee in its reasonable discretion determine at the end of any such period that use of the Property as a golf club as herein contemplated is no longer economically viable, such use restrictions may be changed to include the construction, sale and habitation of single family residential units.


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Q5: What does Exxon Mobil Corp. have to do with this situation?

A5:
The short answer is, "They own the deed restrictions spelled out in question 4 above, and thus have the primary responsibility to enforce them." The full answer actually involves a bit of local history and some "business genealogy", and so is somewhat lengthy. Long ago, most of the land in the Clear Lake / Friendswood area was purchased by Humble Oil Company for the purposes of oil and gas exploration. After Humble Oil had drilled most of the wells it intended to, it realized that it had a large amount of land left over. Cleverly, they decided to plat out a pseudo-city complete with residential, commercial, and industrial areas, develop the whole thing, and sell it. The Friendswood Development Corporation (or "FDC") was created as a subsidiary company to implement and market this idea.

In the early 1970s, Humble Oil and thus FDC became a part of Exxon Corporation. FDC continued to build out the Clear Lake and Friendswood developments throughout the 1970s and into the 1980s. In 1996 the "Friendswood Development Company" brand was sold to Lennar Homebuilders (see "An Open Letter to the Residents of Clear Lake City" from FDC discussing the intent to sell). Certain legal interests were retained by Exxon, and today those interests are managed by a division called Exxon Land Management Company, headquartered here in Houston (the world headquarters of parent Exxon Mobil Corp. are in Irving, TX). Enforcement of the Clear Lake Golf Club deed restrictions is among Exxon Land's remaining responsibilities related to past FDC operations.

Note that Exxon is a key player in this situation because they "own" the deed restrictions on the golf course property. If those restrictions are challenged, either by the golf course owners choosing to ignore them and try to use the property for something other than what the deed restrictions allow, or by the course owners formally challenging the legality of the restrictions in a court of law, it is up to Exxon to enforce and/or defend the deed restrictions. Such enforcement / defense would take place in the courts.

Note also that Exxon could simply choose not to defend those deed restrictions if they are ever challenged. Exxon could also choose to lift those restrictions at any time for any reason. There is no legal requirement for the City, the Community Association, the neighborhood residents, or anyone else to approve Exxon's decision if Exxon chooses to lift the deed restrictions.

Finally, it should be noted that to date, Exxon has consistently said (verbally-there is nothing in writing!) that they would not lift the deed restrictions unless the "community" approved that decision. However, it should always be remembered that there is nothing legally binding Exxon to that "gentleman's agreement."

For a more detailed history of the Humble Oil Company's evolution into Exxon Corp., including information about the Friendswood Development Corporation, please read the relevant entry in the Handbook of Texas Online.


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Q6: Why do neighborhood residents have anything to worry about today if the property is deed-restricted to remain a golf course until at least 2021?

A6:
While the deed restrictions say that the land must remain a golf course or other recreational facility until 2021, those restrictions are only good if someone enforces them if they are challenged. In the same way that neighborhood homeowners can "get away with" leaving their front yard unkempt if their community association doesn't take steps to force them to maintain it, so too could RGG potentially "get away with" violating the deed restrictions if Exxon chose not to enforce them.

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Q7: How is the Clear Lake City Civic League (CLCCL) involved in this situation?

A7:
The Clear Lake City Civic League (CLCCL) is an organization that was originally formed some 40 years ago to support the civic interests of the Clear Lake City community. The Clear Lake City Green Space Preservation Committee is a subcommittee of the CLCCL.

The CLCCL organization was originally formed on 9/20/65 "To engage in all activities necessary, useful or expedient, through any Legal measures whatsoever, to promote and further the interest of civic affairs in the CLEAR LAKE CITY community, Harris County, Texas". Past CLCCL projects have included supplementing local police protection, the incorporation battle with the city of Houston, opposing proposed nearby landfills, opposing the new rail line, financial donations to Crime Watch, providing police communications equipment, a town hall meeting promoting joint cooperation of governmental bodies (which began the city/county library project), and opposing the several past attempts to develop the golf course and the rocket park.

Regarding the golf course, the CLCCL recognizes the value that the golf course provides to the community and believes that current Clear Lake City residents will suffer if it is lost to development. When neighborhood residents began to organize to challenge the proposed development, the CLCCL agreed to support the effort, and so the CLCCL formed the Clear Lake City Green Space Preservation Committee and its subcommittees to carry out the effort.


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Q8: How is the Clear Lake City Green Space Preservation Committee involved in this situation?

A8:
The Clear Lake City Green Space Preservation Committee (the "green space committee") is a part of the Clear Lake City Civic League and is composed of CLCCL members who live in Clear Lake City. The mission statement of the green space committee is to "Maintain Clear Lake City green space for the community in order to keep and enhance the quality of life". The green space committee is concerned about the negative impacts that would result from development of the Clear Lake Golf Club, and is trying to find solutions that would preserve the golf course from development and remain a valuable community amenity.


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Q9: How does the golf course situation compare to the situation regarding the two former drill sites in Bay Forest and Bay Oaks?

A9:
When FDC developed the Clear Lake City area, several sites were identified as potential drill sites and remained undeveloped. As neighborhoods were built out and homes were marketed for sale, these small undeveloped sites were often touted by FDC as "pocket parks" which could be used by the residents. In some cases, potential buyers were told that the sites would always remain undeveloped: A well might or might not be drilled on the site at some point, but even if a pumpjack was placed on the parcel, the land around the pump would remain undeveloped green space.

As time passed, Exxon eventually ruled out the possibility of drilling on some of these reserved sites. Some of these unused sites were deeded over to their respective community associations and officially became neighborhood parks. In two cases, this did not happen. Instead, in these two cases (one site in Bay Forest and one site in Bay Oaks), Exxon signed a contract for sale with a developer. When neighborhood residents learned of this, they contacted Exxon and expressed their disappointment that these sites would not remain undeveloped as some had been told when they purchased their homes. Exxon listened to the residents' objections, agreed that they should not have sold the properties, and declined to close on the sale. The developer subsequently sued Exxon for breach of contract, and the matter is currently in litigation.

The Clear Lake Golf Club situation is different, since Exxon/FDC actually sold the property in 1991. The only interest Exxon continues to hold is the deed restrictions it imposed on the use of the golf course property at the time it was originally sold. These usage restrictions are supposed to remain in place until at least 2021, and the primary question today is whether Exxon will continue to defend and enforce the restrictions under pressure from the current owner of the golf course to be released from those restrictions. A secondary question is what the community can do to ensure preservation of the property as undeveloped green space beyond the expiration of the deed restrictions.


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Q10: What statements has Renaissance Golf Group (RGG), the current majority owner of the Clear Lake Golf Club, made regarding the future of the golf course?

A10:
RGG has made many statements via public news releases, interviews with local journalists, and directly to CLCCL members and community residents. Generally, RGG has made it clear that they do not intend to sell the property to another golf course operator, instead focusing on gaining release from the current deed restrictions so the property could be sold to a developer at a much higher price.

RGG has also said that the 2005 summer season would be the last season the golf course would be open for business. The golf course was permanently closed by RGG in October, 2005.

RGG has stated that they will only maintain the property (i.e., mow the grass, etc.) enough to stay out of trouble with the CLCCA. An RGG rep once told CLCCL members that meant RGG would mow the property "every third CLCCA letter".


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Q11: How does the June, 2005 Supreme Court decision regarding eminent domain (Kelo v. New London) affect the situation with the Clear Lake Golf Club?

A11:
In layman's terms, the Kelo v. New London case was a situation where a municipality (New London, Connecticut) decided that land being used for single-family residential housing would be a greater benefit to the entire community if it were used commercially, instead. An entity with the authority to do so exercised its right of eminent domain to take the property from the current residents, then transferred the property to a corporate entity for commercial development. The rationale was that the overall community benefit of additional jobs and tax revenue created by the expanded business far outweighed the adverse impacts to the relatively few individual residents who had unfortunately been "in the way of progress".

In the case of the Clear Lake Golf Club, there is no governmental or other third-party entity actively working to see that the golf club gets commercially developed. There is no City, County, State, or Federal official who has ever taken a position that the golf course should be commercially developed. For there to be a parallel between the local golf course situation and the New London situation, some entity would be trying to acquire the golf course property via the process of eminent domain in order to turn around and sell it for commercial development, whereas the golf course owner would be fighting that seizure process in order to continue running the golf course. Clearly, that is not the case here.

As a result, it does not appear that the Supreme Court's decision in Kelo has any applicability to the Clear Lake Golf Club situation.


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Q12: What action has the Clear Lake City Water Authority (CLCWA) taken with respect to the Clear Lake Golf Club?

A12:
In the summer of 2005, the Clear Lake City Water Authority initiated a hyrdrology study to examine the drainage situation across the entire water authority jurisdiction, with the goal of identifying ways to mitigate current and future flooding problems during major rainfall events. Results from the study indicated that several hundred acres of detention ponds were needed in specific areas to reduce the amount of storm water runoff into Horsepen Bayou in order to reduce flooding. On November 10, 2005, the CLCWA adopted a resolution to procure the Clear Lake Golf Course and a parcel of comparable size near Ellington Field for the purpose of creating stormwater detention facilities (dry ponds). The resolution calls for invoking the CLCWA's right of eminent domain to acquire the property, if necessary.

Q12a: What is the CLCWA property acquisition process?

A12a:
In general, the process starts with the CLCWA hiring a property appraiser to determine a fair market value for the property. The CLCWA will then make an offer to purchase the property from the owner at the appraised price. If the owner accepts, then the CLCWA will proceed with the purchase. If the owner rejects the offer, then the CLCWA can invoke their right of eminent domain, which compels the owner to accept the offered price. If the owner still refuses to sell, then the matter goes to court. The court will then make its own determination of a fair price, and then compel the current owner to sell the property at the court's price whether the current owner agrees with the price or not. This can become a very lengthy process if the matter goes to court.


Q12b: How will the CLCWA pay for such a major land purchase?

A12b:
The money would most likely come from a bond sale. Historically, the CLCWA issues tax revenue bonds which require approval from the residents. The CLCWA will investigate sources of funds from other governmental bodies.


Q12c: Who will pay for development of the water detention facilities?

A12c:
It's too early to answer this with certainty, but this is normal "open work" for this sort of process. The CLCWA will discuss the plans with other governmental bodies (primarily the City of Houston and Harris County), and formal agreements will eventually be established documenting who will pay how much for what. For similar projects in the past, the CLCWA has paid for initial development of flood control facilities, then transitioned ownership of the facilities to Harris County (via the Harris County Flood Control District) for operation/maintenance thereafter.


Q12d: What will these water detention facilities be like? Are they going to have standing water in them?

A12d:
These facilities are intended to be water detention facilities, not water retention facilities. That means they'll hold water temporarily, not permanently, so normally the "ponds" will actually be dry. However, when there is a severe rainstorm that creates runoff that would overwhelm the drainage system, these ponds will accept a portion of the runoff and "detain" it, so all the water is not trying to find its way through the drainage system at the same time.

Think of it this way. The ditches and waterways that drain the Clear Lake Area can only handle so much water before they overflow their banks. In the past, when they have been overloaded, the excess water has backed up into streets and houses in the lowest parts of the Clear Lake City neighborhoods.

The new detention ponds will provide a benign place for that excess water to collect instead, allowing the ditches and other waterways to deal only with the amount of water they can effectively carry away. The outlet from the ponds will be sized such that it will take a long time for the ponds to empty into the drainage system. As the rainfall (and water runoff) abates, the detention ponds will discharge their contents into the drainage ditches and empty out over many hours (it may take days for them to drain if they are very full). Eventually, the water will drain from the ponds completely, and they will return to their normally dry state.


Q12e: What avenues are available for community input into the detention facility design? What guarantees are there to ensure that community input is used?

A12e:
First, please keep in mind that the CLCWA has not yet even completed the property acquisition, so we are very early in the process. However, the CLCWA intends the detention ponds to be multi-use facilities, meaning that when they are not retaining stormwater, they can be used for recreation. Since the intent is for community residents to enjoy the property when it is not performing its flood abatement function, the CLCWA is interested in working with residents to ensure these facilities are considered community amenities. Harris County officials have also repeatedly indicated a strong desire to increase the amount of parks and recreational space available in the Clear Lake area, so it is anticipated that they will also work with the CLCWA and community residents when the time comes to do so.


Q12f: What guarantees are there that the property will remain undeveloped into the future?

A12f:
There are few ways to absolutely ensure that a parcel of land will never be developed. However, once the detention ponds are in place, it is hard to envision how such a flood control facility would be removed in order to replace it with a development that would contribute additional runoff. Of the many potential usage ideas suggested for the golf course over the last several months, this seems like one of the most likely to remain in place for the indefinite future.


Q12g: What timetable are we talking about for the processes of property acquisition and development?

A12g:
This is a very difficult question to answer. If the current owners accept the CLCWA's purchase offer, the acquisition process could go fairly quickly (perhaps on the order of a year or so). If the courts get involved in an eminent domain action, the process could drag on for several years. Once the CLCWA acquires the property, then discussions will have to take place with other governmental entities to establish how each will contribute to the project, and then the water detention facilities themselves will need to be designed and built. Clearly, the development phase will take years to complete. Even in the best-case scenario, this is a long-term project.


Q12h: What threats are there to the CLCWA's plan to acquire the golf course property?

A12h:
There are many things that could impede the property acquisition process. The current owners could refuse the CLCWA's first offer and cause the decision on price to go to the courts via the eminent domain process; the current owners could challenge the right of eminent domain by the CLCWA; the current owners could file suit against Exxon to break the deed restrictions in order to make the property more valuable for appraisal purposes; or the current owners could file for bankruptcy.

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Q13: So, everything’s all taken care of, then, right? Homeowners have no reason to worry anymore?

A13:
Like they say in the Hertz commercials...not exactly. Nothing in life is ever a "sure thing", and this process is far from complete. Many things could occur that could impact the CLCWA's plans. Continued community vigilance and support is necessary to ensure that unexpected future events do not derail what appears to be a very acceptable outcome for the neighborhood.


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