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R99-084 10-25-99RESOLUTION NO. R99-84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A DEVELOPMENT AGREEMENT WITH FM 518 AT CULLEN PROPERTY PARTNERS ("DEVELOPER"), AND SILVER LAKE VILLAGE LIMITED PARTNERSHIP ("VILLAGE"), TO SET FORTH RESPONSIBILITIES FOR PROVIDING DRAINAGE AND DETENTION FACILITIES ON THEIR RESPECTIVE PROPERTIES. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain Development Agreement by and between the City of Pearland, FM 518 at Cullen Property Partners, and Silver Lake Village Limited Partnership, 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 agreement for and on behalf of the City of Pearland. PASSED, APPROVED and ADOPTED this the 25t1~ day of October A.D., 1999. ATTEST: APPROVED AS TO FORM' TOM REID MAYOR DARRIN M. COKER CITY ATTORNEY DEVELOPMENT AGREEMENT (EXHIBIT "A" TO RESOLUTION NO. R99-84) Y This Agreement is entered into this ~ day of _(lci'.nh~r _, 1999, by and en the CITY OF PEARLAND, TEXAS (herein,a,.fter "City"), FM 518 AT CULLEN betwe ,~, ., ,, ...., .... ~ and SlLVERLAKE VILLAGE ¢_/x,"PROPERTY PARTNERS~"~hereina~er uew~uvu, ], -- LIMITED PARTNERSHIP (hereinafter "Village"). ' WHEREAS, Developer's property, located at FM 518 and Cuilen Boulevard, requires detention facilities that are not feasible due to the configuration of the development; and WHEREAS, Developer has requested a drainage easement from the City for the appropriate development of the property; and WHEREAS, Developer, in exchange for a drainage easement, agrees to make a cash payment to the City as well as execute a drainage easement to the City; and WHEREAS, City and Developer desire to cooperate to provide effective drainage and detention facilities for their respective properties; and WHEREAS, City and Developer desire an agreement to set forth their respective responsibilities with regard to providing drainage and detention facilities. 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. City shall execute a Drainage and Detention Easement (described in Exhibit "A" and included herein for all purposes) in exchange for payment by Developer of $23,000.00. 2. Developer shall execute a Drainage and Detention Easement (described in Exhibit "B" and included herein for all purposes) to the City. The location of such easement may be reassigned by the Developer upon concurrence of the City. 3. Village, or its designee, shall be responsible for excavating and constructing drainage and detention requirements for its 12 acres, a portion of which will be located within the boundaries of the easement described in Exhibit "A". o. o Developer, or its designee, shall be responsible for excavating and constructing drainage and detention requirements for its 27 acres, at such time as the property is developed. City shall be responsible for excavating its detention requirements for the 16 acres located within the boundaries of the easement described in Exhibit "B". Developer, or its designee, shall be responsible for perpetual maintenance of the drainage and detention improvements constructed within the easements described in Exhibits "A" and "B". Village and the City shall share the costs of the excavation and construction of the off-site drainage channel, described on the final plat of Houston Memorial Garden Cemetery, § 20-33 as recorded on April 17, 1998, proportionately based on the area developed by each party. For purposes of this section, the areas and proportions are allocated as follows: Village - 39 acres (71%) City - 16 acres (29%) TOTAL = 55 acres The total estimated excavation and construction cost is $80,000.00. estimated excavation and construction cost for each party is as follows: The Village - $56,800.00 City - $23,200.00 (a) Village shall cause its engineers, subject to approval by the City, to prepare plans and specifications for the construction of the off-site drainage channel. (b) (c) Upon approval of the plans and specifications by the City, Village's engineer will obtain competitive line item bids, in accordance with Local Government Code, Section 252.021, for the construction of improvements in accordance with the plans and specifications. The bids will be reviewed by Village and the City, and the contract will be awarded to the successful bidder by Village. City reserves the right to reject any and all bids for the construction of said improvements. Upon approval of the bids by the City Council, Village shall cause the work to be Completed in accordance with the plans and specifications. Village's engineer and the City Engineer, or his designee, shall monitor the progress and workmanship of the contractor. Village shall advance the funds necessary to pay the contractor for the work performed. (d) The City shall reimburse Village, or its designee, for its portion of the site channel construction within $0 days after acceptance of the improvements by the City and evidence of paid invoices. The initial term of this Agreement sha!l be for a period of one (1) year, 8. commencing on the ~5'"^day of <2~-/~~''' , 1999, and terminating on the _,~ day of ~' 2000, at which time, this agreement may be automatically renewed in one (1) year increments contingent upon need and the necessary funds being appropriated for said project in accordance with the City's annual budgeting process. 9. This agreement may only be amended, modified, or supplemented by written agreement and signed by both parties. 10. 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 ar~ 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. 11. Nothing herein is intended to supersede or waive any City ordinance or regulation pertaining to such construction. 12. 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. 15. This agreement shall be construed and enforced in accordance with and governed by the laws of the State of Texas. 14. This agreement and all obligations created hereunder shall be performable in 15. 16. Brazoria County, Texas. Resolution No. R99-84 is incorporated herein and made a part Development Agreement for all purposes. To accomplish execution of this agreement, it may be executed in counterparts. of this multiple 17. DEVELOPER AND VILLAGE HEREBY RELEASE, ACQUIT, AND FOREVER DISCHARGE THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES, SUCCES- SORS, AND ASSIGNS FROM ANY AND ALL CLAIMS, DEMANDS, RIGHTS OR CAUSES OF ACTION OF WHATSOEVER CHARACTER OR NATURE, INCLUDING ATTORNEYS' FEES, ARISING FROM OR BY REASON OF ANY AND ALL BODILY OR PERSONAL INJURIES, INCLUDING DEATH AND MENTAL ANGUISH, DAMAGE TO PROPERTY AND THE CONSEQUENCES THEREOF WHICH MAY BE SUSTAINED BY DEVELOPER OR VILLAGE, THEIR HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, OR ASSIGNS AS A RESULT OF THE CONSTRUCTION BY DEVELOPER OR VILLAGE OF THE IMPROVEMENTS REFERENCED ABOVE, UNLESS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, OR ASSIGNS. DEVELOPER AND VILLAGE SHALL KEEP AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL COST, LIABILITY, DAMAGE OR EXPENSE OF ANY NATURE AND HOWSOEVER CAUSED, INCLUDING ATTORNEYS' FEES, CLAIMED OR RECOVERED BY ANYONE BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR PERSONS OR DAMAGE TO OR DESTRUCTION OF PROPERTY CAUSED BY OR RESULTING FROM THE NEGLIGENCE OF DEVELOPER OR VILLAGE, THEIR AGENTS, EMPLOYEES, SUCCESSORS, OR ASSIGNS ARISING IN CONNECTION WITH SUCH CONSTRUCTION BY DEVELOPER OR VILLAGE. THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE TERMINATION, EXPIRATION, OR CANCELLATION OF THIS AGREEMENT. In witness whereof, the parties have hereunto set their hands and signatures on the date first above mentioned. ATTEST: CITY OF PEARLAND, a Texas municipal corporation ---Glen Erwin City Manager FM 518 AT CULLEN PROPERTY PARTNERS, a ~ L~,' .~ partnership Title: ~~ 4 SILVER LAKE VILLAGE LIMITED PARTNERSHIP, a Texas Limited Partnership By: SILVER LAKE VILLAGE ONE, L.C., Its' General Partner · By: Herbert E~. V~ Manager 5 STATE OF TEXAS COUNTY OF Brazoria BEFORE ME, the undersigned Notary Public, on this day personally appeared Glen R. Erwin, 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 October .... A.D., 19 9q · Ju~ t9, 2003 SEAL OF OFFICE THIS 26th .DAY OF NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS Printed Name: Melissa Harris My Commission Expires: 7-19-03 STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned Notary Public, on this day personally appeared ~,~ ~', ~'.~j-~ju~¢~---., 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 .. ,,,~ ~.~ ,,,,~ ~,~, ..... --._ : STATE OF TE~S COUN~ OF MY HAND AND , SEAL OF OFFICE THIS /_~-'T-'''/'/ DAY OF NOTARY PUBLIC'IN AN0 FOR ~HE STATE OF TEXAS Printed Uame:_~.~b~, U~,L~; ~ My Commission Expires~ (z,~/z.. ¥~ ,~--~ ' BEFORE ME, the undersigned Notary Public, on this day personally appeared Herbert D. Weitzman, 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 ] DAY OF ,~u~, A.D., ~lC IN AND FOR 'I~E STATE OF'TEXAS Printed Name: My Commission Expires: / 6 DRAINAGE EASEMENT Exhibit "A" THE STATE OF TEXAS COUNTY OF BRAZORIA KNOW ALL MEN BY THESE PRESENTS: That the CITY OF PEARLAND, a municipal corporation situated in Brazoria, Fort Bend, and Harris Counties, Texas (GRANTOR), being the owner in fee simple of the hereinafter described property located in Brazoria County, Texas, acting by and through its authorized representative, GLEN R. ERWIN, for and in consideration of the sum ofTEN DOLLARS ($10.00) cash to it in hand paid by FM 518 AT CULLEN PROPERTY PARTNERS, LTD. and SILVERLAKE VILLAGE LIMITED PARTNERSHIP (GRANTEES), the receipt and sufficiency of which is acknowledged, does hereby grant and convey, unto GRANTEES, their successors and assigns, a drainage easement, as hereinafter described, for the purposes of constructing, reconstructing, operating, maintaining and repairing a drainage and detention facility, subject to the provisions and conditions herein stated, upon, under, over, across and along the tract or parcel of land described in the attached Attachment A- 1, which drainage and detention facility shall be used in connection with the drainage of storm water from GRANTEES' land. GRANTEES shall perpetually maintain the facilities constructed within said easement. GRANTEES, their successors, assigns, or agents shall have the right and privilege to enter upon the land covered by the drainage easement, and all premises adjacent to the outside boundaries of said drainage easement, to the extent necessary and at any time that GRANTEES deem proper for the purpose of exercising GRANTEES' rights and privileges hereunder; and for the purpose of ingress and egress to and from said drainage easement. Page 1 of 3 tw ~ GRANTOR retains title to all of the oil, gas, sulfur and other mineral interests in and under said drainage easement, but expressly waives 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 drainage easement, and upon the condition that none of such operations shall be conducted so near the surface of said drainage easement so as to interfere with the intended use thereof or in any way interfere with, jeopardize or endanger the facilities of GRANTEES or create a hazard to the public users thereof. GRANTOR shall have the right to fully use and enjoy said drainage easement for any purpose which shall not interfere with the rights herein granted to GRANTEES. To have and hold, the above described drainage easement, together with all the fights and appurtenances thereto in anywise belonging to GRANTEES, their successors and assigns, forever, upon the condition that GRANTEES will at all times, after doing any work in connection with the construction, reconstruction, operation, maintenance or repair of said drainage and detention facility, within said drainage easement ,endeavors to restore said premises to a condition acceptable to GRANTOR, considering the work undertaken by GRANTEES, and that in the use of said rights and privileges herein granted GRANTEES will not create a nuisance or do any act that will be detrimental to said premises or GRANTOR's rights thereof. Executed this _2fi_t,h__ day of October ,1999. CITY OF PEARLAND, GRANTOR 2" G~en R. City Manager Page 2 of 3 THE STATE OF TEXAS COUNTY OF BRAZORIA BEFORE ME, the undersigned Notary Public, on this day personally appeared ~ l e n E rw i n ., known to me to be the person who se name is sub scribed 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 26th DAY OF October , A.D., 19 99 NOTARY PUBLIC, STATE OF TEXAS Commission Expires: 7-19-03 Printed Name: Melissa Harris Page 3 of 3 September 27, l~Jg~ t. 9655 acres of land la the !i. T. & B. Railroad ComtutnY Sur~e~, Sectlon 19' Abs~act No, 245, Bt'atorla Cou#ty, T~xas Cz~rnpaay Survey, .¢~ctinn 19, Abs~ra~ No. 243, Br~da C~, T~; ~d 1,9455 acre ~m~ ofland ~ out of ~t~ 14, I ~, 30 ~d 3 J of~ ~lJ~n-Ri~ ~lf Coa~ Home Comp~y'~ Pa~ of Subu~an Garde~ aeco~8 to the ~p et plat ~ in Vol~nc 2, PaB~ 23 a~d 24 ortho B~o~a Ceun~ P~t R~rds, ~ing out ora 15.~2 acre ~cl oflaM ~nvey~ to the Cky ofe~d u r~rd~ u~or a~ C~nty Clerk's FtIe No. 98-~4~44 ~ut~ line ora 39.3693 a~e t~ ~l~nd eonv~ to PM S 18 ~ Cull~ P~Y ~anners as fe~r6~ un4ef ~r~a Cou~y Cl~k'l File No. 98-~4746, the b~ri~8 ~n~ Seth 89* ST 4 l' West: ~~NC~O FOR ~~NC~ ut a v~n~ itoh rod ~ ~p f~ in thc ~sl~y fl~-o~-way li~ of ~lt~ B~leva~ (F,M. Ro~ No. 865, ~tb v~) for the Muthw~Jy ~mer oC~Jd 15,992 a~ ~act; T~NCE. No~h 89° 56' 30' Eea -.glO.O! f~t ~th the s~therly line of~ I 5.~2 ~re tram and ~ a ~h~ ~ of~d 39.3673 a~e uam to a e~-iflch imfl t~ ~th mp found for ~ i~tcrior ~rn~ of ~id 39.36~ acr~ ~ct ~d for t~ ~t~erly ~m~ of ~d t ~.~2 aCre t~ T~NCR No~h ~o 22' 27' Weu - ~.69 f~ ~h t~.~ly li~ or--d 15.~2 acre tram ~ ~th e ~stedy ~e or,id 3~.3673 a~e trot to a po~ for t~ ~t~erly ~m~ ~ pO~ OF BEebO of this ' ~NCE, South 89' 56' 30' W~~~int for the ~uthw~edy ~mcr of tt~s trot; ~NC~ No~ O0~ 22' 27' W~- 760.32 f~ to~int For t~ no~hw~ody ~er ofth~s ttaot; / ~U~ ~e ofH~on M~o~ O~s ~e~ ~o a *~inch ~mn ,~ ~th ~p f~d for t~ mah~aerly ~m~ of~d 1S.~2 ~e ~ra~, for t~ mo~ n~y ~bwest~ ~et o~d 39.3673 a~ tra~ a~ for t~ no~ly ~m~ oF~is t~t; ~NC~ S~th ~' ~' 27' ~ - 760.32 ~ to the PO~ OF BEG~O and ~nt~ 1.945~ ~tcs (a4,94n ~ f~) ofl~a. CO~LEO B ¥: TT. XAS Et,~OtN~RrNO AND MAPPn40 Civil Eslgjneers - Land Surveyors Stafford, Tex~e Job No. 102-3 Registered Professionat Ltmd SurVeyor State of Texas No. S202 DRAINAGE EASEMENT Exhibit "B" THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BRAZORIA § That the FM 518 AT CULLEN PROPERTY PARTNERS~/[~GiLa~TOR), being the owner in fee simple of the hereinafter described property located in Brazoria County, Texas, acting by and through its authorized representative, 0:r I'q I:: H~[ hu~,.,/_/.-(2. , for and in consideration of the sum ofTEN DOLLARS ($10.00) cash to it in hand paid by the CITY OF PEARLAND, a municipal corporation situated in Brazoria, Fort Bend, and Harris Counties, Texas (GRANTEE), the receipt and sufficiency of which is acknowledged, does hereby grant and convey, unto GRANTEE, its successors and assigns, a drainage easement, as hereinafter described, for the purposes of constructing, reconstructing, operating, maintaining and repairing a drainage and detention facility, subject to the provisions and conditions herein stated, upon, under, over, across and along the tract r, or 1~ de$~¢~ or parcel of land described in the attached Attachment B-1. GRANTEEnshall perpetually maintain the facilities constructed within said easement. GRANTEE, its successors, assigns, or agents shall have the right and privilege to enter upon the land covered by the drainage easement, and all premises adjacent to the outside boundaries of said drainage easement, to the extent necessary and at any time that GRANTEE deems proper for the purpose of exercising GRANTEE'S rights and privileges hereunder; and for the purpose of ingress and egress to and from said drainage easement. GRANTOR retains title to all of the oil, gas, sulfur and other mineral interests in and under said drainage easement, but expressly waives 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, Page 1 of 3 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 drainage easement, and upon the condition that none of such operations shall be conducted so near the surface of said drainage easement so as to interfere with the intended use thereof or in any way interfere with, jeopardize or endanger the facilities of GRANTEE or create a hazard to the public users thereof. GRANTOR shall have the right to fully use and enjoy said drainage easement for any purpose which shall not interfere with the rights herein granted to GRANTEE. To have and hold, the above described drainage easement, together with all the rights and appurtenances thereto in anywise belonging to GRANTEE, its successors and assigns, forever, upon the condition that GRANTEE will at all times, after doing any work in connection with the construction, reconstruction, operation, maintenance or repair of said drainage and detention facility, within said drainage easement ,endeavors to restore said premises to a condition acceptable to GRANTOR, considering the work undertaken by GRANTEE, and that in the use of said rights and privileges herein granted GRANTEE will not create a nuisance or do any act that will be detrimental to said premises or GRANTOR's rights thereof. Executed this /~'~' day of ti~/~,,~da'o~ ,1999. FM 518 AT CULLEN PROPERTY PARTNERS, GRANTOR Printed Name: ~ K. ¢.~r0~,~..~ Title: ylA-~ ~ 6~ r Page 2 of 3 THE STATE OF TEXAS COUNTY OF BRAZORIA BEFOBE ME, the undersigned Notary Public, on this day personally appeared ~-x~,¥ /~'o ~.-g ~l~a ~ ., 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. d GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS __~--Ib~ DAY OF ~/~(ll..,r~ .'~.~., , A.D., 19c~' .. TbTA Y Pt EIC, i AT-E TEXAS Commission Expires.<~ Printed Name: [.,Or~,~J_O,~t/~ Page 3 of 3 Septctnber 27. 1999 Southerly ~0' of Reserve 1.40~ a~ of land tn the H. ~ & B. Railroad ~any ,~, ~ec~z 19 A b~act No. 24J, B~da Count, A ~LD ~T~ DESC~PTION of 1.4~ a~es (~,9~ ~umre f~) ofl~d in t~ H. T. & B. ~oad Com~ ~'~. S~ion 19, A~r~ No, 24~. B~fia Count. T~asl Said l.a~ ~te trot oFl~d be~ ~t of Lot 30 oFt~ Allison~B~ ~lf~t ~e C~pany'{ P~ o6S~u~ Gardens a~d;~ ~o ~ ~ or plat r~ in Volume ~ Pages 23 ~d 24 oft~ Brita ~unty PI~ ~rdL ~n8 out oFa 39.3673 ~e trot of i~d ~nv~ Io F~ ~ 18 ~ ~11~ ~o~ny F~nn.~as ~o~d~ u~ Br~oHa Coumy Clerk's FBe No, 98- ~4746 ~ b~ mort p~l~y d~d by ~ ~d ~unds ~ f~lows ~th ~ h~ngs~e}~ fefer~ to ~he ~u~h~y I~e o~ 39.3673 a~ traot, ~eb~ng ~i~ South 89' 5T ~!" West: CO~ENC~O FOR ~FE~NCE U m ~.in~h iron r~ ~th ~ f~d in ~ ~crly Hght~f-way ii~ or Cul{~ B~lev~d (FM. Road No. 8~5, ~dth wales) for the southwcst~y ~ oFa 15.992 ~re t~ct of land ~v~ to the City of P~h~ am ~d~ u~er Br~ ~unty ~k's Fee 98-~4744; ~CE, Non~ 8~' 56' 30" ~ - ~ 10.0 i f~t ~th t~e ~uther{y iin~ oF ~ 1 S.~2 acre trac~ ~d ~th a ~y lin~ of ~d 39.3673 a~c ua~ to a ~i~ iron r~ ~th ~p foond for ~ int~or ~r of ~d 39.3673 a~ ~ ~ for t~ ~t~ly ~m~ of~d 15.992 acre ~; THENCE, North 00° 22' 27' We~l · 710.01 feet with the euterly line of ~ald I ~;.992 ~rc tm~ a~ with ~e~t~ly line of ~id 39.3673 a~re t~t to a ~ for the ~uthwcetcrly T~NCE. No~h ~ 22' 27~ We~ - ~0.~ f~ ~the east~ly li~ of~id 15.992 ~ ~ract and ~th a w~ly lig Of s~d 39.367~ ~re t~ to a ~int for the ~Hhw~edy ~er of ~a tract; ~NCE, North 89' 56' 30" P~st - 762A8 f~t to a point ~ tho pm~ westerly 6~t~f-way li~ of Zapa~ao ~ (~ f~ ~de) for I~ northerly mm~ of&i~ T~NCE, So~h ~' 24' 42' E~. $0.~ ~ ~th Road to a point for ~ ~uth~y ~t oft~ ~NCE, So~h 89' 56' 30' West - 762.53 f~ to ~s (~,~ ~u~e f~t) oflaM. Colvt~t ~iD BY: TI~XA$ F_..NOINF~RINO AND MAr'Fl:NO Civil Engj~crs - Land Survcyou R~afford, Tex~s Job No. 102-3 STATE OF TEXAS COUNTY OF BRAZORI^ I, JOYCE HuoMAN, Clerk o~the County Court in and for Brazoria County TexaS do hereby certW that this instrument was FILED FOR RI~CORO and RECORDED in the OFFICIAL RECORD at the, time and date as stamped hereon by me COunty Clerk of Brazoria Co., T-X :T¥ FEE 5.00 ~T6L · ~ 127013. CERTIFICATION 2:15P~ TUE THE STATE OF TEXAS COUNTIES OF BRAZORIA & HARRIS I, Young Lorfing, City Secretary of the City of Pearland, Texas, hereby certifies that the attached constitutes a true and correct copy of RESOLUTION NO. R99-84 duly passed and approved by the City Council on the 25th day October 1999. Witness my hand and seal of the City of Pearland, Texas, this 10th day of November 1999, at Pearland, Texas. (SEAL) 3519 LIBERTY DRIVE · PEARLAND, TEXAS 77581-5416-19 ° 281-652-1600 ° www. ci.pearland.tx.us