HomeMy WebLinkAboutR2024-255 2024-12-16RESOLUTION NO. R2024-255
A Resolution of the City Council of the City of Pearland, Texas, authorizing the
City Manager or his designee to enter into an Interlocal Agreement with
Brazoria Drainage District No. 4 (“BDD4”) for the relocation of an existing
decomposed granite trail to facilitate drainage maintenance and repairs
(Mary’s Creek).
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Interlocal Agreement by and between the City of Pearland and
BDD4, 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 an Interlocal Agreement with BDD4.
PASSED, APPROVED and ADOPTED this the 16th day of December, A.D., 2024.
________________________________
J.KEVIN COLE
MAYOR
ATTEST:
________________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
APPROVED AS TO FORM:
________________________________
DARRIN M. COKER
CITY ATTORNEY
Docusign Envelope ID: 7B85BB47-D831-418E-919D-B6F56C0E5FB6
INTERLOCAL AGREEMENT
BETWEEN BRAZORIA DRAINAGE DISTRICT NO. 4 AND THE CITY OF
PEARLAND
FOR DRAINAGE REPAIRS AND RELOCATION OF THE DECOMPOSED GRANITE
TRAIL ALONG MARYS CREEK AND PASTERNAK PARK
This Interlocal Agreement, made and entered into by and between Brazoria Drainage
District No. 4, a body corporate and politic under the laws of the State of Texas (hereinafter called
`DISTRICT"), and the City of Pearland, a home rule municipality incorporated under the laws of
the State of Texas (hereinafter called "CITY"); puisuant to Texas Government Code §791.011 in
that it contemplates the furnishing of governmental functions and services between parties as
defined by Texas Government Code §791.003.
RECITALS
WHEREAS, the DISTRICT and CITY acknowledge that both entities have an interest in
public safety and drainage located within the CITY'S corporate limits and the DISTRICT'S
boundary; and
WHEREAS, the CITY has an easement for public recreation and open space
purposes created by a separate instrument in favor of City of Pearland (hereinafter called the
`EASEMENT') in Brazoria County located adjacent to Mary's Creek within CITY's corporate
limits and within the DISTRICT'S boundaries furthei identified by description or exhibit
(EXHIBIT A) herein; and
WHEREAS, the DISTRICT and the CITY acknowledge the need to enter into a mutual
agreement for the relocation of an existing decomposed granite walking trail (hereinafter called
the "TRAIL") within a portion of the EASEMENT to facilitate drainage repairs to Mary's Creek
and to improve public safety of the existing trail system.
WITNESSETH
NOW, THEREFORE, for the mutual consideration and covenants set forth below, the
DISTRICT and the CITY agree as follows:
I. City and District Responsibilities
A. The DISTRICT shall be responsible for iemoval, relocation, and reconstruction
of the TRAIL within the limits of EXHIBIT A along with all associated costs
upon completion of drainage i epaii s to Mary's Cieek.
B. The DISTRICT shall remove and dispose of existing earthen spoils and
encroachments existing upon the FASEMENT consisting of fences, trees and
other plantings to accommodate construction of drainage work and relocation
of the TRAIL.
C. The CITY, as owner of the 11ASEMFNT agrees to the use of the EASEMENT
for the purpose of the DISTRICT constructing and CITY maintaining the
TRAIL.
D. The CITY shall provide professional land surveying in order to locate and mark
the EASEMENT limits.
E. The CITY shall be responsible for notifying all adjacent property owners of the
pending TRAIL construction and the need for removal of all encroachments
upon the EASEMENT.
F. The CITY shall provide all routine and non -routine maintenance of the TRAIL
upon completion.
II. Miscellaneous
A. The CITY and DISTRICT recognize and agree that the DISTRICT, in
performance of this Agieement, shall act as an independent contractor and shall
have control of its own work and the manner in which it is performed.
B. The CITY and DISTRICT shall comply with all applicable laws, regulations,
and requirements in performance of their respective obligations under this
Agreement.
C. The CITY and DISTRICT recognize and agree that nothing herein shall be
construed to create any rights in third parties.
D. The CITY and DISTRICT agree that no party shall have the right to seek
indemnification of contribution from any other party hereto for any losses,
costs, expenses, or damages directly or indirectly arising, in whole or pact from
this Agreement.
E. Whenever possible, each provision of this agreement shall be interpreted in
such a manner as to be effective and valid under applicable law, but if any
section, subsection, paragraph, sentence, clause, phrase, work or portion of this
Agreement is, for any reason, held invalid unconstitutional or otherwise
unenforceable by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct, and independent provision and such holding shall
not affect the validity of the remaining portions thereof.
F. The Rights and Obligations of this Agreement shall not be assigned without
prior written consent of the CITY and DISTRICT.
G. This Agreement may only be amended, modified, or supplemented in writing
and subsequently signed and dated by the CITY, as acted upon by its City
Council and the DISTRICT, as acted upon by its Board of Commissioners.
Each person signing below represents that he or she has read this Agreement in its entirety,
including any and all attachments and exhibits, understands its terms, is duly authorized to execute
this Agreement on behalf of the party indicated by his or her name below and agrees on behalf of
said party that the party will be bound by these terms.
SIGNED and ENTERED this I (0-31- day of tt&cmb-tr , 2024.
BRAZORIA DRAINAGE DISTRICT No. 4:
ATTEST:
nan, Chairman — Board of Commissioners
i
John GenaroY- District Superintendent
CITY OF PEARLAND:
City Manag
ATTEST:
%At\
City Seet'etary
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CONSENT TO ENCROACHMENT
THE STATE OF TEXAS
COUNTY OF BRAZORIA
WHEREAS, a portion(s) of the property described in Exhibit "A" is owned by
BRAZORIA DRAINAGE DISTRICT NO. 4, or subject to an easement cleated by a separate
instrument in favoi of BRAZORIA DRAINAGF DISTRICT NO. 4, a political subdivision of the
State of Texas ("Grantor" or the "District"), for the construction, operation, and maintenance of
drainage facilities across, over, along, upon, and under said property ("Easement"); and
WHEREAS, CITY OF PF-FARLAND, a home rule municipality incorporated under the
laws of the State of Texas (hereinafter called "Grantee" or the "City '); has constructed or intends to
construct a decomposed granite trail within or encroaching upon the area of said Fasement and has
requested that the District give its consent to said encroachment.
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS that the
District hereby consents to the construction and/or maintenance by the Grantee of a decomposed
granite trail at the location described in Exhibit 'A" which is now or will be an encroachment upon
the area of said Easement.
The Grantee agrees for itself, its successors, assigns and grantees, that i f the District
shall at any time in its reasonable discretion determine that it is necessary to do so for the purpose
of properly maintaining its drainage facilities it shall be privileged to remove or altei the above -
mentioned decomposed granite trail, or any part thereof The Grantee for itself, its successors,
assigns and grantees, hereby releases the District its successors and assigns, from any and all
liability foi damage caused to the above -mentioned structures by any such removal or alteration
permitted hereunder. The Grantee for itself, its successors, assigns and grantees, hereby further
releases the District, its successors and assigns from any and all liability for loss of or damage to
such structures which may be caused by, result from or be related to the presence or malfunctioning
of its drainage facilities due to such structures, or the regular maintenance activities of the District i n
the easement area.
94093-002 460322v1
The Grantee further agrees for itself, its successors, assigns and grantees, that if
the District, its successors and assigns, shall at any time, and because of the presence of such
concrete trail within the area of said Easement be ordered by any public authority having jurisdiction
to remove or relocate its drainage facilities, it shall be privileged to comply with such order at the
Grantee's cost, unless the Grantee, itself, its successors, assigns and grantees, shall alter or remove
said concrete trail to the satisfaction of such public authority upon reasonable notice.
The exercise and enjoyment by the Grantee, its successors, assigns and grantees
of the rights and privileges to which the District has herein granted its consent shall constitute
affirmative acceptance by such successors, assigns and grantees of the terms and conditions herein
contained; provided, however, that the District for its successors and assigns, hereby reserves the
right to require that any such successor, assign or grantee of Grantee further signify in a recordable
instrument acceptance of such terms and conditions, and should any such successor, assign or
grantee refuse upon written request to execute such instrument, the rights and privileges herein
consented to shall thereupon automatically terminate. This Consent to Encroachment shall not inure
to the benefit of any person other than the above -named Grantee, its successors assigns and
grantees, noi any easement other than the above -described Easement.
In the event that all or any portion of the encroachment subject to this consent
shall be voluntarily removed by Grantee, its successors, assigns or grantees, the District's consent
and covenants contained herein shall terminate in whole or in part to the extent of the
encroachment which has been removed
Grantee represents that it has made its own determination as to the scope of the
Easement and whether the Easement permits the installation of the concrete trail. Grantor makes
no representation as to the scope of the Easement, and this instrument merely provides Grantor's
consent to the installation of the concrete trail should the scope of said F asement permit Grantee's
intended use.
94093-002 460322v1
EXECUTED this v day of
GRANTOR:
BRAZORIA DRAINAGE DISTRICT NO. 4
/17
Jeffre , V Br nnan
Chairma , : oard of Commissioners
THE STATE OF TEXAS §
COUNTY OF BRAZORIA §
Thi • instrument acknowledged before me on the 5 da of 20
g Y
e Chairman of the Board of Commissioners of Brazoria Drainage
District No. 4, on behalf of said District
- - r' maS7^y I4
4. Sorel Rgsbor i • 5 'IA Notsff Pbrbtlici §t-eig of UM '
d
tate of Texas
94093-002 460322v 1
ACCEPTED AND AGREED TO this _day f 2�
GRANTEE
CITY OF PEA ND
By.
Name: 7E--e-¢ /1oy.
Title C,iy �fGr
THE STATE OF TEXAS §
COUNTY OF BRAZORIA §
Th' 'nst ent was ac ow edged fo e m n t e da of 29716
y( , the or the City Pearland, for
purposes inten e .
Notary blic, Sta o Texas
°' ` JENNI uRIcIToCoeMx UaSs
aM eoDeoember17 2064
't
NOTARY ID 11662004 o
After recording, return to
Brazoria Drainage District No. 4
4813 West Broadway
Pearland,Texas 77581-3934
94093-002 460322vI