R2003-0128 09-08-03 RESOLUTION NO. R2003-128
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 WITH GRAND VALLEY
HOMES, INC. AND SOUTHWOOD ESTATES, INC., FOR THE
DEVELOPMENT OF CERTAIN PROPERTY LOCATED NORTH OF STATE
HIGHWAY 6, WEST OF CR 48 AND SOUTH OF CR 58.
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, Grand Valley Homes, Inc. and Southwood Estates, Inc., 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 Grand Valley Homes, Inc.
and Southwood Estates, Inc., for certain property located north of State Highway 6, west of
CR 48 and south of CR58.
PASSED, APPROVED and ADOPTED this the 8th dayof September ,
A.D., 2003.
ATTEST:
Y(]~_U~IG LORF~I~" ' ///
CITY SECRETARY
APPROVED AS TO FORM:
DAR I~N ~M. COKER '
CITY ATTORNEY
TOM REID
MAYOR
DEVELOPMENT AGREEMENT
This Agreement is entered into this ,,2~f day of ,.,z~-~,~.l¢~,- , 2003, by and between
the CITY OF PEARLAND, TEXAS, (hereinafter "'(~ity"), Grand Valley Homes, Inc.
(hereinafter "Developer") and Southwood Estates, Inc. (hereinafter "SEI").
WHEREAS, Developer plans to develop approximately 170 acres ("Property") described
in Exhibit "A", attached hereto and incorporated for purposes, as a single-family
residence community; and
WHEREAS, the Property is generally located north of State Hwy 6, west of CR 48 and
south of CR 58, and lies within the extraterritorial jurisdiction ("ETJ") of the City; and
WHEREAS, Southwood Estates, Inc., is an investor owned utility (with an existing
Certificate of Convenience and Necessity ("CCN") that includes part of the Pearland
ET J, part of the city limits of Iowa Colony, and part of Brazoria County) that desires to
enter into a dual CCN with the City for SEI to provide water and sewer service to the
Property;
WHEREAS, the Property is also located within the boundaries of the City's Certificate of
Convenience and Necessity, thereby requiring the City's consent to dual certification in
order for Developer to receive water or sewer service from SEI;
WHEREAS, in consideration for the City's consent to SEI's application for dual water
and sewer certification over the Property, Developer and SEI agree to comply with
certain developmental standards to maintain consistency with the City's current
development guidelines.
WITNESSETH:
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:
City consents to SEI's application for dual water and sewer certification over the
Property.
Developer agrees to comply with all City infrastructure design and construction
standards, and agrees to configure the water and sewer utility system such that
the portion of the water and sewer system located on the Property and within the
ETJ of Pearland can be readily isolated from the rest of SEI's CCN. Such portion
of the water and sewer system to be isolated shall include contain all water and
sewer distribution lines within said Property, including any above-ground water
storage tanks and associated pumps, sewer lift stations and pumps and other
associated hardware or real estate, but shall not include wastewater treatment
plants or water wells, pumps or lift stations, above ground water storage tanks or
any other associated hardware or real estate owned by SEI not on said Property.
Specifically excluded from the terms of this Development Agreement are any
wastewater treatment plants, water wells, lift stations, pressure tanks, above
ground water storage tanks, pumps, and any other utility-related items located on
the 11.5 tract owned by SEI, more fully described in Exhibit "B" attached hereto
and made a part hereof, and referred to for all pertinent purposes.
Notwithstanding the provisions of Chapter 27 of the Code of Ordinances, Exhibit
B, Section 3d, the City agrees to allow a drainage and detention system for the
Property that utilizes a mechanical pumping system. All ,other provisions of
Exhibit B and the Drainage Criteria Manual are applicable. City reserves the
right to approve the drainage plan for the Property, which approval shall not be
unreasonably withheld or delayed. The parties acknowledge that neither the City
or Brazoria Dranage District No.4 shall be responsible for maintenance and
operation of the detention system, including mechanical pumping systems.
Developer shall record deed restrictions prior to approval of a final plat for any
portion of the Property and implement said provisions through the creation of a
homeowners association or similar assessment to ensure perpetual operation
and maintenance of the detention and mechanical pumping systems.
Developer agrees to record, prior to approval of a final plat for any portion of the
Property, in the Brazoria County Deed Records, deed restrictions for the
Property, that require all structures to be constructed with 100% brick facades.
Residential structures having less than a 15-foot side yard aggregate separation,
shall be limited to a maximum of an 18 inch extension from the wall. Under no
circumstances shall there be a side yard aggregate seParation of less than 12
feet.
The minimum lot size on Tract 1 of the Property shall be 50 feet x 100 feet.
Developer agrees to limit the remaining portions of the Property (TractS 2,3 and
4) to a residential density not to exceed 3.6 units per acre, exclusive of detention
and open space.
Developer shall prepare a traffic impact analysis in conformance with City
standards and shall be responsible for implementing the improvements identified
therein. Improvements identified as having an immediate impact and necessity
shall be constructed by Developer in accordance with a mutually agreed upon
schedule. Improvements constituting a long-term need shall be funded by
Developer on a pro-rata basis by converting the improvement to a cost estimate
and dividing the estimate by the total number of expected units. Such "per unit"
fee shall be fully paid by Developer prior to the final approval of each platted
section.
Developer agrees to provide one acre of park/open space for each 100
residential lots platted. Park/open space located within the storm water detention
facilities shall be credited at a rate of 50% toward the requirements of this
section, provided the detention facility is appropriately designed as a "dual use"
(park/drainage) facility.
Development Agreement-Southwood Estates 2
10.
11.
12.
Developer shall submit a disannexation request for any property that is platted
within the current 100 foot City limit strip to insure that no platted lots are located
within said strip. Such request for disannexation shall be submitted to the City
prior to approval of a final plat for that portion of the property.
City and SEI agree that the Pearland Volunteer Fire Department serves the
Property and that, pursuant to this agreement, such services shall continue. In
consideration of such services, SEI agrees to add the City's Fire/EMS fee (fee) to
its monthly billing statement and shall actively collect such fee. SEI shall, subject
to approval by the Texas Commission on Environmental Quality ("TECQ"),
require payment of the Fire/EMS fee as a condition for service. If approved by
the TCEQ, the condition shall be made part of the service agreement between
SEI and its customers. A residential unit shall mean any building or part of a
building designed for permanent occupancy by one family. To fulfill the terms of
this section, SEI agrees to collect, on behalf of the City, the current monthly
charge of $4.38 for each residential unit on the Property that is connected to and
receiving service from SEI, as determined each calendar quarter following the
effective date of this agreement. SEI shall pay to the City, on a monthly basis, no
more than thirty (30) days after SEI's monthly billing cycle, a sum equal to the
number of fees actually collected for the previous month.
City agrees to defer the purchase of the SEl's distribution system and waste
water collection facilities located within the Property, as set out and defined in
numbered paragraph 2, of this Agreement, for a period of twenty (20) years from
the date of this Agreement. At such time as City desires to purchase the portion
of SEI's system and assets within the Property, City and SEI shall each obtain
appraisals for the value of the affected portion of the utility system and assets, if
such appraisals are within 10% of each other, City and SEI agree that the
purchase price will be the average of the two appraisals. Under no
circumstances shall the City have any obligation to purchase the utility system
and assets.
This Agreement shall commence and bind the Parties on the effective date of this
Agreement and shall continue until the City acquires the components of SEI's
distribution system that is located within the Property.
All covenants and agreements contained herein shall bind all successors and
assigns and shall inure to the future benefit of other parties.
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.
Development Agreement-Southwood Estates 3
1:3.
14.
15.
16.
17.
18.
19.
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.
A breach of any material provision of this Agreement after notice and an
opportunity to cure shall constitute a default. The non-breaching Party shall
notify the breaching Party of an alleged breach, which notice shall specify the
alleged breach with reasonable particularity. If the breaching Party fails to cure
the breach within a reasonable time, not sooner that 30 days after receipt of such
notice (or such longer period of time as the non-breaching Party may specify in
such notice), the non-breaching Party may declare a default hereunder and
exercise any lawfully available remedies.
This agreement shall be construed and enforced in accordance with and
governed by the laws of the State of Texas.
This agreement and all obligations created hereunder shall be performable in
Brazoria County, Texas.
This agreement is solely for the benefit of the City, Developer, and SEI and no
other party is intended to be a beneficiary hereof.
To accomplish execution of this agreement, it may be executed in multiple
counterparts.
TO THE EXTENT ALLOWED BY THE LAW, EACH OF THE PARTIES HEREBY
RELEASES, ACQUITS, AND FOREVER DISCHARGES EACH OTHER PARTY,
ITS OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, 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 ANY PARTY, ITS HEIRS, EXECUTORS,
ADMINISTRATORS, SUCCESSORS, OR ASSIGNS AS A RESULT OF THIS
AGREEMENT BY ANY OTHER PARTY, UNLESS CAUSED IN WHOLE OR IN
PART BY THE NEGLIGENCE OF THE CITY, ITS OFFICERS, AGENTS,
EMPLOYEES, SUCCESSORS, OR ASSIGNS..
[EXECUTION PAGES FOLLOW]
Development Agreement-Southwood Estates 4
In witness whereof, the parties have hereunto set their hands and signatures on the
date first above mentioned.
CITY OF PEARLAND,
A Texas municipal corporation
By:
Name:
Title:
ATTEST:
Development Agreement-Southwood Estates
Grand Valley Homes, Inc.
ATTEST:
Name:
Title:
Development Agreement-Southwood Estates 6
Southwood Estates, Inc.
ATTEST:
Name~/
Title:
(SEAL)
Title:
Development Agreement-Southwood Estates 7
EXHIBIT "B"
(To be provided later)
Development Agreement-Southwood Estates
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EXHIBIT
,-
FIELD NOTES OF SOUTHWOOD ESTATES, INC. 11.52 ACRE PLANT SITE
11.52 ACRES OF LAND, BEING A PART OF LOTS 29 AND 30 OF THE
EMIGRATION LAND COMPANY SUBDIVISION OF THE J. S. TALAMGE
SURVEY, SECTION 76, ABSTRACT 562, BRAZORIA COUNTY, TEXAS,
ACCORDING TO THE PLAT BECORD IN VOLUME 2, PAGES 81-82, PLAT
RECORDS OF BRAZORIA COUNTY, TEXAS, AND' BEING MORE
PARTICULARLY DESRIBED AS FOLLOWS:
BEGINNING at a 3/4 inch iron pipe set in the South line of Lot 29 and the North line of
Abstract 545, Brazoria County, Texas, and being the Southeast corner of Lot 29 and the
Southwest corner of Lot 28;
THENCE South 89 deg. 53 min. West along the South line of Lot 29 and the common
line of said Surveys, a distance of 76.74 feet to a 3/4 inch iron pipe set for the Southeast
corner of the herein described 11.52 acre tract and the PLACE OF BEGINNING;
THENCE South 89 deg. 53 min. West along the South line of Lot 29 and the common
line of said Surveys a distance of 253.26 feet pass a 3/4 inch iron pipe and continue a
total distance of 583.26 feet to a 3/4 inch iron pipe set for the Southwest corner of the
herein described tract, the Southwest corner of Lot 29 and the Southest corner of Lot 36
described in a deed to Shirley Stutes recorded in Clerk's file 95-024975;
THENCE North, along the East line of Lot 36 and the West line of Lot 29, at 660 feet
past a 3/4 inch iron pipe found in the Northeast comer of Lot 36, and the Southeast
corner of Lot 35, the Southwest corner of Lot 30, and the Northwest corner of Lot 29,
being the Southwest corner of a 30.00 acre tract described in Clerk's file 00-016637, and
continue along the common line of Lots 30 and 35 for a total distance of 860.0 feet to a
3/4 inch iron pipe set for the Northwest corner of the herein described tract;
THENCE North 89 deg. 53 min. East, at 330.0 feet pass a 3/4 inch iron pipe, and
continue on a total distance of 583.26 feet to a 3/4 inch iron pipe found for the Northeast
corner of the herein described tract;
Thence South, at 200.0 feet pass a 3/4 inch iron pipe and continue for a total distance of
860 feet to the PLACE OF BEGINNING and containing 11.52 acres of land.
Exhibit B