R2003-0107 07-28-03 RESOLUTION NO. R2003-107
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, APPROVING THE SHADOW CREEK RANCH
WETLANDS PARK DEED RESTRICTIONS.
WHEREAS, the City Council and Shadow Creek Ranch previously entered into
an agreement for the donation of park land to the City with the requirement that a
portion of the property be utilized by Shadow Creek Ranch for wetlands mitigation; and
WHEREAS, the City, Shadow Creek Ranch and the U.S. Army Corps of
Engineers have agreed that the property consisting of wetlands will be subject to the
deed restrictions contained herein,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City Council hereby approves the Shadow Creek Ranch
wetlands Park Deed Restrictions attached hereto as Exhibit "A".
PASSED, APPROVED, AND ADOPTED this 28th day of
July , A.D., 2003.
ATTEST:
YO -G L FlinG,'1- C/
APPROVED AS TO FORM:
TOM REID
MAYOR
DARRIN M. COKER
CITY ATTORNEY
DRAFT
DEED RESTRICTIONS
43.1 ACRE - WETLAND MITIGATION AREA - SHADOW CREEK RANCH
City of Pearland/Shadow Creek Ranch Development Company Limited Partnership agrees to deed restrict
an approximate 43.1-acre wetland mitigation area (referred to herein as the "Protected Property"). The
"Protected Property" is to serve as mitigation to offset impacts to jurisdictional waters of the U.S. as
outlined in U.S. Army Corps of Engineers (USACE) Permit Application No. 22908. Shadow Creek
Ranch Development Company Limited Partnership is responsible for the construction and maintenance of
the habitat enhancements as outlined in USACE Permit Application No. 22908. The City of Pearland,
landowners of the "Protected Property", will be responsible for overseeing that the deed restrictions are
enforced and responsible for the long-term maintenance of the "Protected Property".
The property shown on the attached Exhibit "A" will be used as a wetland nature park as shown and
explained within the approved permit document attached hereto as Exhibit "B. The intended future use of
the "Protected Property" includes passive recreational activities such as bird watching, educational
learning activities, hiking, biking, and walking. No change in the future use of this property may be made
without the prior authorization from the USACE. Any activities not included in the permit, which may,
in the future, be conducted within the Protected Property, must be coordinated with and approved by the
USACE, Galveston District, Regulatory Branch, prior to initiation. The parties involved include the
USACE, City of Pearland (COP), and Shadow Creek Ranch Development Company Limited Partnership
(SCR) and hereto agree that the deed restrictions will be subject to the following conditions:
1) Property Description
SCR will provide:
a) A current aerial photograph of the Protected Property at an appropriate scale
taken as close as possible to the date that pending USACE Permit No. 22908
is approved.
b) On-site photographs taken at appropriate locations on the Protected Property
including all major natural features; and
c) A copy of the deed with an accurate legal description or a current survey
certified by a Texas Registered Professional Land Surveyor (RPLS) of the
Protected Property.
2) Term
These restriction shall run with the land and be binding on all future owners,
heirs, successors, administrators, assigns, lessees, or other occupiers and users.
3) General - Water, Wetlands and Upland areas
There shall be no filling, flooding, farming, excavation, mining or removal of
natural materials; no dumping of materials; and no alteration of the topography in
any manner unless approved in advance by the USACE, Galveston District. In
4)
6)
addition to the General restrictions above, there shall be no draining, dredging,
damming or impounding, no changing the grade or elevation, impairing the flow
of circulation of waters, reducing the reach of waters; and no other discharge or
activity requiring a permit under applicable clean water or water pollution control
laws and regulations, as amended, unless approved under USACE Permit No.
22908.
TreesNegetation
There shall be no unnecessary clearing, burning, cutting or destroying of trees or
vegetation except as expressly authorized in USACE Permit No. 22908; there
shall be no planting or introduction of non-native or exotic species of tree or
vegetation unless approved under USACE Permit No. 22908. Normal
maintenance activities, such as allowing an approximate 3-foot buffer on each
side of the proposed 6~foot wide trail/sidewalk within the 24-acre created
wetland "riparian preserve" to be mowed and maintained on a regular basis or the
removal of dead trees and/or debris which pose a safety hazard to the general
public would be allowed.
Rights of Access and Entry
The USACE shall have the right to enter and go upon the Protected Property for
purposes of inspection, and to take actions necessary to verify the compliance
with the terms of this deed restriction. The USACE shall also have the rights of
visUal access and view, and to enter and go upon the Protected Property for
purposes of making scientific or educational observations and studies, and taking
samples, in such a manner as will not be in violation of the aforementioned deed
restrictions.
Enforcement
The deed restriction on the "Protected Property" will be recorded within 30 days
of permit approval by the USACE and TCEQ. Once the deed restriction is
recorded and on file, a copy will be sent to the USACE immediately upon receipt
from the Brazoria County recorders office. In the event of a breach of the
restrictions by the Owner or another party, the USACE must notify the Owner, in
writing, of the breach. The Owner shall have thirty (30) days after receipt of
such notice to undertake actions that are reasonably calculated to swiftly correct
the conditions constituting the breach. If the Owner swiftly corrects the
conditions constituting the breach, no further action is warranted or authorized.
If the Owner fails to take such corrective action within thirty (30) days or fails to
complete the necessary corrective action, the USACE may undertake such
actions, including legal proceedings, as are necessary to effect such correction
action. Among other relief, the USACE shall be entitled to a complete
restoration for any breach of the Agreement.