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R2002-0186 11-25-02 RESOLUTION NO. R2002-186 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A PARK DONATION AGREEMENT AND A REGIONAL PARK DEVELOPMENT AGREEMENT ASSOCIATED WITH THE SHADOW CREEK RANCH REGIONAL PARK. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain Park Donation Agreement by and between the City of Pearland and Pearland Investments 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 certain Regional Park Development Agreement by and between the City of Pearland and Shadow Creek Ranch Development Company Limited Partnership, a copy of which is attached hereto as Exhibit "B" and made a part hereof for all purposes, is hereby authorized and approved. Section 3. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest the Park Donation Agreement and Regional Park Development Agreement attached hereto. PASSED, APPROVED and ADOPTED this the 25th A.D., 2002. day of November TOM REID MAYOR RESOLUTION NO. R2002-186 ATTEST: SEC~TARY APPROVED AS TO FORM: DAR~,IN M. COKER CITY ATTORNEY Exhibit "A" R2002-186 AGREEMENT FOR USE AND DEVELOPMENT OF SHADOW CREEK RANCH REGIONAL SPORTS PARK This Agreement for Use and Development of Shadow Creek Ranch Regional Sports Park (the "Agreement") is made and entered into as of the 25th day of November, 2002, by and between the CITY OF PEARLAND, TEXAS (the "City"), a home rule municipality located in the counties of Brazoria, Harris. and Fort Bend, ~Texas, and SHADOW CREEK RANCH DEVELOPMENT COMPANY LIMITED PARTNERSHIP, (the "Master Developer"). a Nevada limited partnership. RECITALS WHEREAS, The Master Developer and the City desire to create park land on the certain real property in Brazoria County, Texas. more particularly described on the attached Exhibit A (the "Property"), which is being donated to the City concurrent with this Agreement for the future and permanent enjoyment of the people of the City; and WHEREAS, the Property is in a substantially undisturbed natural and open-space condition and exhibits natural, scenic, and open-space features of great importance to the City, the Master Developer, the people of Brazoria County and Fort Bend County, the residents of the City, .the pe..ople of the region, and the people of the State of Texas; and. WHEREAS. creation of parks and protection of these natural, scenic, open-space, and ecological values of the Property is a public policy objective of the City, the State of Texas and the U.S. Army Corps of Engineers (the "Corps"); and WHEREAS, the City wishes to develop a regional park on the Property (the "Regional Park"), to be used principally as a regional sports park; and WHEREAS, the Master Developer wishes to utilize a portion of the Property, as shown on the attached Exhibit B, as a nature park tbr wetlands mitigation (the "Nature Park") in connection with the construction of TIRZ Improvements and MUD Improvements and the development of other property in the City, all of which will create assessed value within the City; and WHEREAS, the City created Reinvestment Zone Number Two, City of Pearland, Texas, a tax increment reinvestment zone created pursuant to Chapter 311 of the Texas Tax Code, as amended (the "Zone"), to assist in the creation of assessed value in the City and to finance the construction of improvements (the "TIRZ Improvements") contained in the Zone's approved Project Plan and Financing Plan (the "Project and Financing Plan"); and WHEREAS, Brazoria County Municipal Utility District No. 26 (the "District") was created by the Texas Natural Resource Conservation Commission (now the Texas Commission on Environmental Quality) on March 18, 2002 and is organized for the purpose of providing water, sewer, and drainage facilities ("MUD Improvements") to serve the land within its boundaries, including land within the Zone, which also will assist in the creation of assessed value in the City; and 1023541v2 WHEREAS, pursuant to the Master Developer Financing Agreement between the District and the Master Developer (the "Financing Agreement"), the Master Developer has agreed to pre- finance and construct certain TIRZ Improvements and MUD Improvements in exchange for subsequent reimbursement of such costs by the District or the Zone; and WHEREAS, pursuant to the Corps' regulations, in order to construct TIRZ Improvements contemplated by the Project and Financing Plan and MUD Improvements contemplated by the Financing Agreement and to develop assessed value in the City, the Master Developer must obtain a permit from the Corps which is expected to include a wetlands mitigation area; and WHEREAS, the costs to provide such wetlands mitigation is a Project Cost included in the Infrastructure construction costs as provided in Exhibit E of the Project and Financing Plan and a MUD Expense as provided in the Financing Agreement; and WHEREAS, the City wishes to allow the Master Developer to utilize a portion of the Regional Park to develop the Nature Park. AGREEMENT For and in consideration of the mutual promises, covenants and the benefits and obligations' hereinafter set forth, the City of Pearland, Texas, and Shadow Creek Ranch Development Company Limited Partnership hereby agree and contract as follows: Section 1: Master Developer Covenants. (a) The Master Developer shall develop the Nature Park, in part as a woodland park and in part as a riparian park with trails and viewing areas, if necessary in order to comply with Corps requirements which may be imposed on the Master Developer in connection with its application for a permit (the "Corps Permit"). (b) As consideration for the City allowing the Master Developer to utilize a portion of the Regional Park, the Master Developer shall pre-finance all costs required for wetlands mitigation related to the construction of TIRZ Improvements and MUD Improvements as required by the Corps, including, but not limited to, engineering, surveying and legal fees, costs relating to the implementation and enforcement of a conservation easement that may be required over the Nature Park and any monitoring required by the Corps. (c) Upon the Corps approval of the mitigation plan submitted by the Master Developer to secure the Corps Permit, the Master Developer shall review such approved mitigation plan with the City Council. (d) The Master Developer shall cause a non-profit entity acceptable to the Corps to monitor the Nature Park as part of the wetlands mitigation, at no expense to the City,/'or the time period required by the Corps, prior to turning the maintenance of the trails in the Nature Park over to the City. (e) The Master Developer shall complete construction of any trails to be constructed in the Nature Park within 12 months after its receipt of the Corps Permit. 1023541v2 -2- Section 2: City Covenants. (a) The City shall pay all costs of related to the implementation, improvement, development, construction and maintenance of the Regional Park (excluding any costs related to development of the Nature Park or maintenance of any required wetlands mitigation excePt maintenance of trails as provided herein) pursuant to Section 4.4 of the Development Agreementl dated as of September 13, 1999, between the City and the Master Developer. (b) The City grants the Master Developer the right, but not the obligation, to use a portion of the Regional Park to develop the Nature Park to comply with the Corps' requirements. The City shall cooperate with requirements of Corps regarding recordation of any required conservation easements or agreement with a nature conservancy or other environmental preservation or non-profit group as may be required by the Corps to ensure preservation in perpetuity. (c) The City shall retain ownership of the Regional Park and will comply with the requirements of any conservation easements that may be required over the Nature Park. provided that the City will at no time be responsible for maintenance of any required wetlands mitigation in the Nature Park, but will, after the appropriate monitoring period, maintain trails constructed within the Nature Park as part of the Regional Park maintenance. [EXECUTION PAGES FOLLOW] 1023541v2 -3- IN WITNESS WHEREOF, the parties have executed this Agreement in multiple copies, each of which shall be deemed an original as of the date and year first written above. · SHADOW CREEK RANCH DEVELOPMENT COMPANY LIMITED PARTNERSHIP, a Nevada limited partnership . By: SHADOW CREEK RANCH, INC., a Nevada corporation, its general,,~rtner Y ~W~.~o~k, President - 1023541v2 -4- ATTEST: City Manager APPROVED AS TO FORM: City Attorney 1023541v2 -5- Exhibit "A" R2002-186 AGREEMENT FOR DONATION OF PARK LAND This Agreement for the Donation of Park Land (the "Agreement") is made and entered into as of the 25th day of November, 2002, by and between the CITY OF PEARLAND, TEXAS (the "City"), a home rule municipality located in the counties of Brazoria, Harris, and Fort Bend. Texas, and PEARLAND INVESTMENTS LIMITED PARTNERSHIP, (the "Donor"), a Nevada limited partnership. Section 1: Donation. The Donor has decided to donate, or to cause any or all of its partners, as the case may be, to donate the Property described on the attached Exhibit A to the Cit): for use as a regional sports park. The Property is located in a prime location for the development of a regional sports park, which the City has stated it would like to develop. The City has determined that the creation of parks and recreation is a public policy objective of the City. The Donor shall pay all costs to convey the Property to the City. Section 2: Acceptance. The City agrees to accept the donation of the Property to be used for a regional sports park. The ..City and Donor shall cooperate in preparing the documentation necessary to donate the P~:operty to the City prior to December 31, 2002. The City shall pay all costs to develop the Property as a regional sports park. IN WITNESS WHEREOF, the parties have executed this Agreement in multiple copies, each of which shall be deemed an original as of the date and year first written above. ATTEST: ~ Secre~f THE CITY OF PEARLAND, TEXAS City Manager APPROVED AS TO FORM: City Attorney 1035120v2 PEARLAND INVESTMENTS LIMITED PARTNERSHIP, a Nevada Limited Partnership By: M.M.L.B. CORPORATION its general partner By: P'w./. w/w~.//'~ . ~.M.'~olli~-s, President 1035120v2 EXHIBIT DESCRIPTION OF 65.231 ACRES SHADOW CREEK RANCH PARK SITE NO. 1 November 19, 2002 Job No. 1545-0000-101 Being 65.231 acres of land located in the S.G. Haynie Survey, Abstract 212, Brazoria County, Texas and the S.G. Haynie Survey, Abstract 362, Hams County, Texas, more particularly being a portion of that certain called 99.6852 acre tract (described as Tract I) conveyed to Pearland Investments Limited Partnership by instruments of record under File No. 99-015973, Official Records, Brazoria County, Texas (B.C.O.R.), File No. 1999028625, Official Public Records Fort Bend County, Texas, (F.B.C.O.P.IL) and File Number T649550, Official Public Records of Real Property of Harris County, Texas (H.C.O.P.R.R.P.), said 65.231 acres being more particularly described by metes'and bounds as follows (all bearings are referenced to the Texas State Plane Coordinate System, South Central Zone NAD 27); COMMENCING for reference at the southwest comer of aforementioned 99.6852 acres, same being the southeast comer of that certain called 34.6633 acre tract conveyed to Witco Corporation by instrument of record under File No. P656769 of said H.C.O.P.R.R.P., also being on the northerly fight-of-way line of F.M. 2234 (160 feet wide) and on the common line of Brazoria County and Fort Bend County; Thence, with the common line of said 99.6852 acres and said 34.6633 acres, North 11° 37' 36" East, at 409.30 feet pass the common comer of Fort Bend County, Harris County and Brazoria County, continuing in all a distance of 1209.96 feet to a point for comer, said point being 195 feet southerly of and at a fight angle to the northerly line of said 99.6852 acres and being 120 feet southerly of and at a right angle to the centerline of Clear Creek; Thence, with a line 195 feet southerly of and parallel to the northerly line of said 99.6852 acres, said line also being 120 feet southerly of and parallel to the centerline meanders of Clear Creek, the following seven (7) courses; 1) North 87' 45' 37' East, 75.99 feet to a point for comer; 2) North 79' 35' 49" East, 226.29 feet to a point for comer; 3) North 72' 27' 46" East, 626.41 feet to a point for comer; Page 1 of 3 65.231 Acres 4) North 84' 30' 11" East, 283.76 feet to a point for comer; November 19, 2002 Job No. 1545-0000-101 5) South 72' 07' 43" East, 197.06 feet to a point for comer; 6) North 89' 29' 33" East, 519.56 feet to a point for comer; 7) South 68' 13' 05" East, 103.09 feet to a point for comer; Thence, South 01° 07' 26" West, 1533.37 feet to a point for comer; Thence, North 77' 00' 50" West, 457.57 feet to a point for comer; Thence, North 82' 09' 38" West, 102.10 feet to a point for comer; Thence, North 81' 46' 33" West, 984.80 feet to a point for comer on the southerly right-of-way line of that certain 30 foot wide pipeline easement conveyed to United Gas Pipe Line Co. by instrument of record in Volume 491, Page 90, Deed Records, Brazoria County, Texas; Thence, with the southerly right-of-way line of said 30 foot wide pipeline easement, the following two (2) courses; 1) South 86' 34' 35" West, 235.87 feet to a point for comer; 2) North 67' 21' 32" West, 129.27 feet to a point for comer; Thence, South 28' 55' 18" West, 251.38 feet to a point for comer on the arc of a curve on the aforementioned northerly right-of-way line of F.M. 2234, same being the south line of aforementioned 99.6852 acres; Thence, with the common line of said 99.6852 acres and F.M. 2234, the following two (2) courses; Page 2 of 3 November 18, 2002 Job No. 1545-0000-101 DESCRIPTION OF 41.940 ACRES SHADOW CREEK RANCH PARK SITE NO. 2 Being 41.940 acres of land located in the S. G. Haynie Survey, Abstract 212 and the Obediah Pitts Survey, Abstract 717, City of Pearland, Brazoria County, Texas, more particularly being a portion of those certain tracts of land conveyed to Pearland Investments Limited Partnership by instruments of record in the Brazoria County Official Records, (B.C.O.R.) as follows: a portion of that certain called 92.7860 acres (described as Tract I) recorded under File Number 99-015970, and a portion of that certain called 30.2475 acres (Tract Two) recorded under File Numbers 98-040711 and 98-040712; said 41.940 acres being more particularly described by metes and bounds as follows (all bearings referenced to the Texas State Plane Coordinate System, South Central Zone, NAD27); COMMENCING at the most southerly southwest comer of said 92.7860 acres, and in the northerly right- of-way line of F.M. 2234 (160 feet wide at this point); Thence, along the northerly right-of-way line of said F. M. 2234, North 41° 34' 23" West, 44.11 feet to a point; Thence, North 01° 07' 26" East, 477.70 feet to the southwest comer and POINT OF BEGINNING of the herein described tract; Thence, North 01° 07' 26" East, 1,533.44 feet to a point for comer in a line parallel with and offset 120 feet southerly flora the existing centerline of Clear Creek; Thence, with said 120 foot offset line, the following fifteen (15) courses; 1) South 65° 33' 26" East, 76.73 feet to a point for comer; 2) South 63° 15' 24" East, 184.20 feet to a point for comer; 3) South 84° 38' 34" East, 340.68 feet to a point for comerT, 4) North 83* 23' 06" East, 255.64 feet to a point for comer; Page I of 3 65.231 Acres 1) 2) November 19, 2002 Job No. 1545-0000-101 95.33 feet along the arc of a non-tangent curve to the right having a radius of 5649.58 feet, a central angle of 00° 58' 00" and a chord that bears North 61' 17' 38" West, 95.33 feet to a point for corner; North 60' 48' 37" West, 40.08 feet to a point for corner; Thence, leaving said common line, North 27' 27' 48" East, 28.53 feet to a point for comer, the beginning of a curve; Thence, 54.98 feet along the arc ora tangent curve to the left having a radius of 17.50 feet, a central angle of 180' 00' 00" and a chord that bears North 62' 32' 12" West, 35.00 feet to a point for comer; Thence, South 27' 27' 48" West, 27.48 feet to a point for corner on the aforementioned common line of said 99.6852 acres and F.M. 2234; Thence, with said common line, North 60' 48' 37" West, 54.60 feet to the POINT OF BEGINNING and containing 65.231 acres of land. LJA Engineering & Surveying, Inc. Page 3 of 3 41.940 Acres November 18, 2002 Job No. 1545-0000-101 5) North 55* 56' 12" East, 177.82 feet to a point for comer; 6) North 39* 42' 01" East, 107.71 feet to a point for comer; 7) North 88* 30' 35" East, 91.54 feet to a point for comer; 8) South 86* 48' 29" East, 207.75 feet to a point for comer; 9) South 83* 37' 51" East, 336.10 feet to a point for comer; 10) South 77* 49' 13" East, 134.65 feet to a point for comer; 11) South 83* 11' 37" East, 188.64 feet to a point for comer; 12) South 73° 03' 13" East, 271.93 feet to a point for comer; 13) South 84° 47' 21" East, 98.67 feet to a point for comer; 14) North 74* 24' 23" East, 85.41 feet to a point for comer; 15) North 61' 57' 44" East, 76.08 feet to a point for comer; Thence, South 03* 11' 04" East, 215.31 feet to a point for comer; Thence, North 75* 10' 46" West, 64.24 feet to a point for comer; Thence, South 87° 03' 29" West, 375.65 feet to a point for comer, the beginning of a curve; Thence, 1,467.76 feet along the arc of a tangent curve to the left having a radius of 2,322.77 feet, a central angle of 36' 12' 19" and a chord that bears South 57' 16' 52" West, 1,443.46 feet to a point for comer in the southerly line of that certain 30 foot wide easement ~anted to United Gas Pipe Line Company recorded in Volume 491, Page 90, Brazoria County Deed Records; Page 2 of 3 41.940 Acres November 18, 2002 Job No. 1545-0000-101 Thence, along the southerly line of said easement the following three (3) courses; 1) South 86° 27' 47" West, 2.22 feet to a point for comer; 2) South 86° 17' 12" West, 451.49 feet to a point for comer; 3) South 86° 30' 40" West, 16.63 feet to a point for comer; Thence, South 01° 03' 05" West, 418.12 feet to a point for comer; Thence, South 86° 30' 40" West, 417.38 feet to the POINT OF BEGINNING and containing 41.940 acres of land. LJA Engineering & Surveying, Inc. Page 3 of 3 November 18, 2002 Job No. 1545-0000-101 DESCRIPTION OF 9.668 ACRES SHADOW CREEK RANCH PARK SITE NO. 3 Being 9.668 acres of land located in the T.C.R.R. Co. Survey, Section 3, Abstract 678 and the Obediah Pitts Survey, Abstract 717, City of Pearland, Brazoria County, Texas, more particularly being a portion of those. tracts of land conveyed to Pearland Investments Limited Partnership by instruments of record in the Brazoria County Official Records, (B.C.O.R.) as follows: a portion of that certain called 30.2475 acres (Tract Two) recorded in File Number 98-040711 and 98-040712, and a portion of that certain called 13.2581 acres recorded in File Number 98-044598, said 9.668 acres being more particularly described by metes and bounds as follows (all bearings referenced to the Texas State Plane Coordinate System, South Central Zone, NAD27); COMMENC~G at the southeast comer of. said 30.2475 acres, and also being the southwest comer of that certain tract of land recorded in Volume 1071, Page 671, Brazoria County Deed Records, and being called the west ½ of Lot No. 10 of Block P of Allison-Richey Gulf Coast Home Co's Part of Suburban Gardens, as recorded in Volume 2, Page 99, Brazoria County Plat Records; Thence, along the common line of said 30.2475 acres and said Lot I0, North 03° 09' 36" West, 6.1 t feet to the southeast comer and POINT OF BEGINNING of the herein described tract; Thence, South 86' 29' 30" West, 206.13 feet to a point for comer, the beginning of a curve; Thence, 136.88 feet along the arc of a tangent curve to the left having a radius of 580.00 feet, a central angle of 13' 3 I' 19" and a chord that bears South 79' 43' 50" West, 136.57 feet to a point for comer; Thence, North 36° 59' 18" West, 304.36 feet to a point for comer; Thence, North 75° 10' 46" West, 738.23 feet to a point for comer, the beginning of a curve; Thence, 44.43 feet along the arc of a non-tangent curve to the left having a radius of 612.50 feet, a central angle of 04' 09' 24" and a chord that bears North 01° 06' 22" West, 44.42 feet to a point for comer; Thence, North 03° 11' 04" West, 245.40 feet to a point for corner in a line parallel with and offset 120 feet southerly fi.om the existing centerline of Clear Creek; Page 1 of 2 9.668 Acres November 18, 2002 Job No. 1545-0000-101 Thence, with said 120 foot offset line, the following eight (8) courses; I) South 80* 08' 58" East, 54.94 feet to a point for comer; 2) South 61 ° 07' 06" East, 173.11 feet to a point for comer; 3) South 73* 54' 54" East, 244.67 feet to a point for comer; 4) South 83' 46' 28" East, 191.87 feet to a point for comer; 5) North 82' 50' 33" East, 205.75 feet to a point for comer; 6) South 84' 14' 08" East, 140.67 feet to a point for comer; 7) South 57' 49' 47" East, 259.73 feet to a point for comer; 8) South 85° 52' 28" East, 35.36 feet to a point for comer; Thence, South 03' 09' 36" East, 374.06 feet to the POINT OF BEGINNING and containing 9.668 acres of LJA Engineering & Surveying, Inc. Page 2 of 2 November 19, 2002 Job No. 1545-0000-101 DESCRIPTION OF 3.364 ACRES SHADOW CREEK RANCH PARK SITE NO. 4 Being 3.364 acres of land located in the Obediah Pitts Survey, Abstract 717, Brazoria County, Texas, more particularly being a portion of that certain called 5.5146 acre tract (described as Tract Three) conveyed to Pearland Investments Limited Partnership by instruments of record under File Nos. 98-040711 and 98-040712, Official Records, Brazoria County, Texas (B.C.O.R.), said 3.364 acres being more particularly described by metes and bounds as follows (all bearings are referenced to the Texas State Plane Coordinate System, South Central Zone NAD 27); COMMENCING for reference at a southwest comer of said 5.5146 acres, same being the southeast comer of that certain tract of land recorded in Volume 1071, Page 671, Deed Records, Brazoria County, Texas (B.C.D.R.) and being called the West 1/2 of Lot 10 of Block P of the Allison-Richey Gulf Coast Home Co's Part of Suburban Gardens, a subdivision of record in Volume 2, Page 99, Plat Records, Brazoria County, Texas (B.C.P.R.); Thence, with the common line of said tract called the West 1/2 of Lot No. 10 and said 5.5146 acres, North 03' 09' 36" West, 17.15 feet to the POINT OF BEGINNING; Thence, continuing with said common line, North 03' 09' 36" West, 343.76 feet to a point for comer, said point being 120 feet southerly of and at a fight angle to the northerly line .of said 5.5146 acres and the centerline of Clear Creek; Thence, leaving said common line, with a line 120 feet southerly of and parallel to the centerline meanders of Clear Creek and the northerly line of said 5.5146 acres, the following three (3) courses; 1) North 77° 35' 53" East, 47.71 feet to a point for comer; 2) North 85' 25' 07" East, 388.64 feet to a point for comer; 3) North 88' 38' 24" East, 16.64 feet to a point for comer on the westerly line of that certain 1.054 acre tract (described as Tract One) and conveyed to Brazoria Drainage District No. 4 as a drainage easement as recorded in File Number 01-024865, B.C.O.R.; Page 1 of 2 3.364 Acres November 19, 2002 Job No. 1545-0000-101 Thence, with said westerly line, South 03' 09' 36" East, 297.59 feet to a point for comer; Thence, leaving said westerly lines, South 78' 54' 56" West, 456.61 feet to the POINT OF BEGINNING and containing 3.364 acres of land. 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