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R2007-042 2007-03-12 RESOLUTION NO. R2007 -42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A DEVELOPMENT AGREEMENT FOR CONSTRUCTION OF A BIKE & HIKE TRAIL. 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, Magnolia 15.512, LLC and Signature Eubanks & Associates, Ltd., 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 a Development Agreement with Magnolia 15.512, LLC and Signature Eubanks & Associates, Ltd. PASSED, APPROVED and ADOPTED this the 1ih day of March, A.D., 2007. --Jvm/ ) .~ TOM REID MAYOR ATTEST: APPROVED AS TO FORM: o~~, h.~ DARRIN M. COKER CITY ATTORNEY R2007 -42 File No. 07 -0023 DEVELOPMENT AGREEMENT (EXHIBIT A TO RESOLUTION R2007- 42) This Agreement is entered into this 3liay of M o.rc-h. ,2007, by and between the CITY OF PEARLAND, TEXAS, (hereinafter "City"), MAGNOLIA 15.512 ACRES, Ltd. by MAGNOLIA 15.512, LLC, its General Partner- Michael H. Pollak- Member, (hereinafter "Magnolia")and SIGNA TURE EUBANKS & ASSOCIATES, Ltd. by LENZ DEVELOPMENT CORP, its General Partner- Michael H. Pollak- President, (hereinafter "Signature"). WHEREAS, Magnolia plans to construct a commercial/retail development (hereinafter "Commercial Development") located along Magnolia Blvd. near its intersection with FM 1128 and more accurately described in Exhibit "A" attached hereto; and WHEREAS, Magnolia plans to comply with the City's Storm Drainage Criteria by purchasing sufficient regional storm water detention capacity to serve the Commercial Development, which is expected to require approximately nine (9) acre-feet of detention yielding a total drainage fee of $158,000.00 (hereinafter "Drainage Fee"); and WHEREAS, In order to satisfY the City's park dedication fee requirements associated with Signature's 150 unit town home development (hereinafter "Town Home Development"), Signature desires to donate approximately 2 acres, more accurately described in Exhibit "B" attached hereto; and WHEREAS, City has developed a Master Hike and Bike Trail Plan, attached hereto as Exhibit "C", that recommends key components of the Hike and Bike Trail be located adjacent to the Commercial Development and the Town Home Development; and WHERE,'AS, in an effort to initiate construction of the Hike and Bike Trail, City desires to allow Developer to use the Drainage Fee to design and construct improvements listed on Exhibit "D" attached hereto (hereinafter "Improvements") for the portion of the Hike and Bike Trail located adjacent to the Commercial Development and the Town Home Development; and WHEREAS, City and Developer desire an agreement to set forth their respective responsibilities with regard to the development of the Improvements. 1 W!IN~~~~TH: 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 agrees to defer Magnolia's obligation to pay the Drainage Fee for the duration ofthe two (2) year term of this Agreement, in exchange for Magnolia's design and construction of the Improvements. Magnolia shall select a landscape architect who shall develop final plans and specifications for the Improvements, which shall be submitted to the City for approval with said approval not being unreasonably withheld. Magnolia shall be responsible for contracting with and supervising the construction of the Improvements by the contractor. 2. Upon approval of the design by City, Magnolia shall cause the Improvements to be completed in accordance with the plans and specifications as approved by City. The City Parks and Recreation Director or his designee shall monitor the progress and workmanship of the contractor. Magnolia is solely responsible for payment to the contractor for construction of the Improvements. 3. No less than thirty (30) days prior to the expiration ofthis Agreement, Magnolia shall pay, to City, the Drainage Fee less any credit as calculated herein. Magnolia shall be entitled to a credit (hereinafter "Drainage Credit") against the Drainage Fee for the total value of the design and Improvements constructed pursuant to this Agreement. To receive the Drainage Credit, Magnolia shall, within thirty (30) days of payment by Magnolia, submit to City all paid invoices for the design and construction of the Improvements for City's approval of inclusion in the Drainage Credit (hereinafter "Request for Credit"). Within ten (10) days following receipt of a Request for Credit, City shall: (1) approve the request in full, in which case the full amount of the invoice shall be included in the Drainage Credit; (2) approve the request in part, in which case only that portion of the invoice that City determines was prudently expended for the Improvements shall be included in the Drainage Credit; or (3) deny the request, in which case no amount from the invoice shall be included in the Drainage Credit. Denials and partial approvals shall be communicated by City to Magnolia in writing, stating the specific reasons therefore. The City Manager shall have the sole discretion to approve, partially approve, or deny Requests for Credit. Under no circumstance shall the Drainage Credit exceed the Drainage Fee. 4. The term of this Agreement shall be for a period of two (2) years, commencing on the ~ day of A~r: \ ,2007, and terminating on the ~ day of _Ma.c~h ,2009, at which time, this agreement, upon written approval of each Party, may be renewed in one (1) year increments contingent upon need and the necessary funds being appropriated for said project in accordance with City's annual budgeting process. 2 5. Within days following the execution of this Agreement, Signature shall donate, to the City, the approximate 2 acre tract described in Exhibit "A". Said donation shall satisfy the City's park dedication fee requirements associated with Signature's Town Home Development. 6. This agreement may only be amended, modified, or supplemented by written agreement and signed by both parties. 7. 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 are 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. 8. Nothing herein is intended to supersede or waive any City ordinance or regulation pertaining to such construction. 9. 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 prohibited 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. 10. This agreement shall be construed and enforced in accordance with and governed by the laws of the State of Texas, and any actions concerning this Agreement shall be brought in the Texas State District Courts of Brazoria County. 11. Resolution No. R2007-42 is incorporated herein and made a part of this Development Agreement for all purposes. 12. To accomplish execution of this agreement, it may be executed in multiple counterparts. 3 IN WITNESS WHEREOF, the parties have hereunto set their hands and signatures on the date first above-mentioned. Signature Eubanks & Associates, Ltd. a Texas Limited Partne.rship ~ L' _ Or.v. /' p . -;;.$'~ e:;-;........ U&:4 . <..o,~ by and through its bL::,....C::~~ '- ~~, ~ . 1Jd ;J~./ Mike Pollack President Magnolia 15.512, Ltd. A Texas Limited Partnership By and through its 6L=~e,(",... /l....-7"'...,:J... MQ';;tS~;;~ Mike Pollak I~'_ rI"'i.~.O.4-'~ /~-. ;"/[. b P. ~L (. -66"'&~11~ d.n~iiA.. ATTEST: CITY OF PEARLAND, a Texas municipal corporation ~ ':::../ 4 STATE OF TEXAS BRAZORlA COUNTY d . Th's instrument was acknowledged before me on this ~ day of ~~Qrc h ,2007, by n l~~"(ld .~; --1 n{~IlJeAJ.. , on behalf of said partnership, Notary Public, Slalc ofTexas I <.I,' M Com.m'ssion Expires: II ~ O'~ \ini{A. STATE OF TEXAS BRAZORIA COUNTY ~"'""'" ~.~ ti~.~J) ~.....~;:. "'W:'~ TONI LONGORIA MY COMMISSION EXPIRES February 8, 2008 . . . This instrument was acknowledged before me on this Z:. day of ([p. ~Aj:../ , 2007, by Bill Eisen, City Manager ofthe City of Pearl and, a Texas home rule mtfnicipality, on behalf of said municipality, Notary Public, State of Texas My Commission Expires: --~./. 1// <-- .' . ' ~-)t' 't. Or') . c,.jJ~l'- {/l. " l ~\IIII11"ll/ll/{/~1. fER k Vlq~ ~~'.........., Jt~'4_ I ':)/~\f>.R y p>.~,\ : *~ '.~~ fi : ~ ... '.:t.~ ~;lJ> 0; ~ is ;..... : ~ s '.~" ~: ~ ~ ". .- OF ,~'f: ... ~ ~ .~ ' . s ~ O:::>"'~!"/RES ...... ~ ~ ....... ~ ~~///,. 15_ 20'\ <) ~\~ WI/f"/f1"IIII11\1\1\1\\\~ 5 EXHIBIT TRACT TWO METES AND BOUNDS DESCRIPTION 15.512 ACRES OUT OF KANA WHA- TEXAS COMPANY SUBDIVISION OF SECTIONS 18 AND 22, H. T. & B. R. R. COMPANY SURVEY OR GEORGE C. SMITI-I SURVEY, ABSTRACT - 547 PEARLAND, BRAZORIA COUNTY, TEXAS b :;; J) l!l "A .. All that certain 15.512 acres out of Kanawha-Texas Company Subdivision of Sections 18 and 22 according to the plat thereof as filed in Volume 2, Page 5 I Brazoria County Plat Records in the H.T. & B. R.R. Company or George C. Smith Survey, Abstract - 547, Pearland, Brazoria County, Texas and being out of that certain tract described in a deed dated 04-30-1998 from Frank W. Buchanan to Mike E. Zigal as filed in Official Records of Real Property of Brazoria County at Clerk's File Number 98-017919 and out of that certain tract described in a deed dated 09-22-1997 from Jay Martin Rice to Jan M. Rice as filed in Official Records of Real Property of Brazoria County at Clerk's File Number 99-017683 and being more particularly described by metes and bounds as follows (bearings based on Texas Coordinate System of 1983, South Central Zone); Commencing at a point on the west right-of-way line of Farm Market Road] 128 (width varies) and marking the northeast corner of that certain called 4.813 acre tract described in a deed dated] 2-06-2005 from Jan M. Rice to City of Pearland as filed in Official Records of Real Property of Brazoria County at Clerk's File Number 20050698 I 5, from which a found 1/2" iron rod bears S 800 45' 57" W -1.34' for reference; Thence S 02034' 54" E - ] 65.00' with the west right-ot:'way of said Farm Market Road 1128 to a found 5/8" iron rod with cap (stamped C.L.DA VIS - RPLS 4494) marking the POINT OF BEGINNING of herein described tract; 1. Thence S 020 34' 54" E - 625.00' with said west right-of-way line of said Farm Market Road I 128 to a set 5/8" iron rod with cap (stamped C.L.DA VIS - RPLS 4494) for corner; 2. Thence S 870 20' 06" W - 1,030.00' along a line 100.00' north of and parallel to the south line of said Zigal tract to a set 5/8" iron rod with cap (stamped C.L.DA VIS - RPLS 4494) for corner; 3. Thence N 020 34' 54" W - 594.17' to a set 5/8" iron rod with cap (stamped C.L.DA VIS _ RPLS 4494) marking a point on a curve to the right having a radius of 1,940.00' and a central angle at ] 6004' 20"; 4. Thence the following four (4) courses with said south line of said 4.813 acre City of Pearland tract and the south right-of-way line of proposed Magnolia Road; 5. Thence with said curve an arc distance of 544.19' and a chord bearing and distance of N 790 ] 7' 56" E - 542.41' to a found 5/8" iron rod with cap (stamped c.L. DA VIS-RPLS 4464) marking the end of said curve; 6. Thence N 87020' 06" E - 437.27' to a found 5/8" iron rod with cap (stamped C.L.DA VIS _ RPLS 4494) marking the beginning of a curve to the right having a radius of 45.00' and a central angle of 900 00' 00"; 7. Thence with said curve an arc distance of 70.69' and a chord bearing and distance of S 470 39' 12" E - 63.64' to a found 5/8" iron rod with cap (stamped C.L.DA VIS _ RPLS 4494) marking the end of said curve; 8. Thence N 870 20' 06" E - 10.70' to the POINT OF BEGINNING and containing 15.512 acres (675,7]6 square feet) of land, more or less. Compiled by: C.L. Davis & Company Job Number: ] 1-834 02 - Tract TwoREV-15.512acres M&B.doc 01/] 2/2007 11-83'1- 02 - Tract Two-REV -IS 512 acres MB.doc EXHIBIT PARK TRACT METES AND BOUNDS DESCRIPTION 2.828 ACRES OUT OF KANAWI-LA-TEXAS COMPANY SUBDIVISION OF SECTIONS 18 AND 22, H. T. & B. R. R. COMPANY SURVEY OR GEORGE C. SMITH SURVEY, ABSTRACT - 547 PEARLAND, BRAZORIA COUNTY, TEXAS 1.1 :;; .D l!I ... "". & All that certain 2.828 acres out of Kanawha-Texas Company Subdivision of Sections 18 and 22 according to the plat thereof as filed in Volume 2, Page 51 Brazoria County Plat Records in the I-LT. & B. R.R. Company or George C. Smith Survey, Abstract - 547, Pearl and, Brazoria County, Texas and being out of that certain tract described in a deed dated 05-01-2006 from Mike Zigal to Signature, Eubanks & Associates, Ltd. as filed in Official Records of Real Property of Brazoria County at Clerk's File Number 2006-028088 and being more particularly described by metes and bounds as follows (bearings based on Texas Coordinate System of 1983, South Central Zone); Commencing at a point on the west right-of-way line of Farm Market Road 1 128 (width varies) and marking the northeast corner of that certain called 4.8 I 3 acre tract described in a deed dated 12-06-2005 from Jan M. Rice to City of Pearl and as filed in Official Records of Real Property of Brazoria County at Clerk's File Number 2005-069815, from which a found 1/2" iron rod bears S 80045' 57" W -1.34' for reference; Thence S 020 34' 54" E - 790.00' with the west right-of-way of said Farm Market Road 1128 to a set 5/8" iron rod with cap (stamped C.L. DAVIS - RPLS 4494) marking the POINT OF BEGINNING of herein described tract; I. Thence S 02034' 54" E - 35.00' with the west right-of-way line of said Farm Market Road 1] 28 to a set 5/8" iron rod with cap (stamped C.L. DAVIS - RPLS 4494) for comer; 2. Thence S 87020' 06" W - 2,622.80' along a line 65.00' north of and parallel to the south line of said Signature, Eubanks & Associates, Ltd. tract to a set 5/8" iron rod with cap (stamped c.L. DAVIS _ RPLS 4494) for comer; 3. Thence N 02034' 54" W -76.77' with the west line of said Signature, Eubanks & Associates, Ltd. tract to a found 5/8" iron rod with cap (stamped C.L. DAVIS - RPLS 4494) marking a point on a curve to the left having a radius of2,060.00' and a central angle of 130 47' 12"; 4. Thence with the south right-of-way line of proposed Magnolia Road and the south line of that certain tract as described in a deed dated 09-16-2005 from Mike E. Zigal to City of Pearland as filed in the Official Records of Real Property of Brazoria County at Clerk's File Number 2005-0540 17 an arc distance of 495.68' and a chord bearing and distance ofN 790 50' 37" E - 494.49' to a set 5/8" iron rod with cap (stamped C.L. DAVIS - RPLS 4494) for corner; 5. Thence S 020 39' 54" E - 106.24' to a set 5/8" iron rod with cap (stamped C.L. DAVIS _ RPLS 4494) for corner; 6. Thence N 870 20' 06" E - 2, I 32.4 7' to the POINT OF BEGINNING and containing 2.828 acres (123,169 square feet) ofland, more or less. Compiled by: C.L. Davis & Company Job Number: I J-834-Zac-Park M&B.doc 02/14/2007 11-834-Zac-Park M&B.doc '" :z :J .... 0. ii: UJ rt~ ~ =- ~ ~~ till;> I;> Q" ~~~ ~ ~g1~i ~ni ..U'Hf iI.K.lC,ZIH ..1:1_ 1.""-=( ",- =, 1 I .~ \ \ 1 I 1 it ' i ~l~i , aU. . '\.\]~ s ~ \ 'Uti I Q" ";: ft I UB 1 ~ ~ ~s! 5 \ I tB! i hglg~ ! I I ~'. . _I ~/i ., · 'i~ I ~ ~ "~ !~A I - i fill ! 1-1 "\. liI~ s ~~\ !I, ~i i~~ " hglgt I I ~l "~ \ U ie i 1 ,N''''''''' , iL~ (lIaJO IOfJtll-oa) . ~lSra/.lt.ll4.ll1~" ~ ~~1~:IU \ 17'l~~r:t1 ~ I - .DO'a/7~ Li \" =....,-" .. \ h/a:)I1 CJlfUO-ClI) c-I ;r:nD'l'H'f7r'7Y 'iii' I """"w:;"~= ... a \ trrt~llmY.'..u- l : '\ ~" 2: ~ I 1 ~~' l, ~ ~ ~ g P lI!d\ ~ ~pU · ~~ i~~ 0 ~ ~ ; -~ '\ ..ll :~gi~ln~~g~[hb~ ~ l! A. g~ E ~ ~ ~~ '" 8 i:i ~ alsi i'. 9 i ~12~1j u ~ i!ti~~ i ~ i!'~g~ ~ I!~\i ~\ i;~: ; HI'IH \ ~.;~~ := ~. .. u 0 '" z 0 Q~ ~ " \ >- ~ ul ~ :t I~~I '" 1 "- 0 ~ ~fi!l \ 87~iJi ~ 11 I -1 ~~~~ ~ , 1 ....~8'" 15 ~C35!:J ~ I ii! 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'" i51 i.L U wet: o 20 V1~ J ~ t Ou <ffi 2 uS. l:nai ~ 0 8 ~~ frJP ~ ~ t; ,d ~~ z ~ ~ 5G: "-0 ~ '" ;) ~tJ ~~ Oi b ; ffi~ <::I Vi :2 ~ S~ !<)~ ~ ~ .... 5" ~:s 0 ff] X :z c.. W:z ~ n 1;;~ ~ ~ ~ tr ~1I1 W ~ ... lilg "'~ VI if tJ ~~ lIlo ~ g 5<= ~g' ~ ~ m"": a5 ai e W '" < z o '" '" .... r z ;l: o r '" " ;; 7f :s :i '[ >- :g ~@ "'0 gz 9~ ii:~ ....i!: i"o es h ~8 ".... <1.'" ~b 5z 5~ wO i!'~ u; of Exhibit "e" General Scope of Improvements with Estimated Budget Amounts: . Retain Landscape Architect - $10,000 . 8' Hike & Bike Trail - from western boundary of Property extending FM 1128 bridge- $80,000 . (5) Park Benches on concrete pads at various intervals along the path - $4,000 . Approximately (30) Specimen Trees as defined by Landscape Architect - planted - $9,000 . Installation of parking area to accommodate 15 cars on property donated by Signature Eubanks & Associates, Ltd. - $36,000 . Landscape parking area per Landscape Architect's design to meet UDC overlay criteria for Magnolia District - $10,000 · Hydro mulch remaining property & Contingency - $9,000 Design and implementation budget to be $158,000.00 with all costs substantiated with estimates for approval purposes and paid receipts for credit purpose against "Drainage Fee". AFFIDAVIT OF PUBLICATION .TION The Pearland Reporter News 2404 .South Park Pearland, Texas 77581 State of Texas . Brazoria and Harris Counties I, Lloyd Morrow, hereby certify that the notice hereby appended was published in THE. REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris and Galveston Counties, for /. . issues, as follows: No. / Date (96-6 // 20.(24._ No. • Date • 20 No. Date 20 No. Date 20 No. Date 20 CFO • Subscribe and sworn to before me this /Z day of 666- 204a____ .....••••*** : ,: `•• N sows ; �~''�atc tWII G,State°U9 09 2010 • Expires . • Q. MY COmm'ssion • Laura n.Emmons, Publisher Notary Public, State of Texas Published Oct.11,2006 NOTICE OF PUBLIC: HEARING ON THE CITY: .IOF PEARLAND PARKS,i AND RECREATION 'MASTER HIKE AND BIKE' PLAN Notice is hereby given that; . on the 23rd day of October ! 2006,at 7:00 p.m.,the City. i Council of'the City of,, Pearland,,Texas,'will'con- duct a Public Hearing in the'! ' Council Chambers,,City.; Hall, 3519 Liberty•Drive,;; Pearland, Texas, to gather public comment and testi-,! mony regarding the City_of Pearland. Parks and.k Recreation Master Hike and:. Bike Plan. • • At said hearing all interested parties,shall have the right,i and opportunity to appear and be heard on the subject •! Is!Young Lorfing,TRMC' City Secretary This site is accessible to dis- abled.individuals. For spe- cial assistance, please call Young. Lorfing at 281-652-I ' 1655,prior to the meeting so that appropriate arrange- ments can be made. • I-- i •