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Frequently Asked Questions (FAQ) Information from Public Meetings Clear Lake City Historical Information Many documents on this website are in ".pdf" format and require the free Adobe Reader software to view. Adobe Reader can be downloaded by clicking on the icon below:
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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.
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) Click here to return to top of page 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. Click here to return to top of page 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. Click here to return to top of page 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: Click here to return to top of page 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. Click here to return to top of page 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. Click here to return to top of page 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. Click here to return to top of page 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. Click here to return to top of page 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. Click here to return to top of page 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". Click here to return to top of page 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. Click here to return to top of page 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.
Click here to return to top of page 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. Click here to return to top of page |