R96-05 01-22-96RESOLUTION NO. R96-5
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 PEARLAND
INDEPENDENT SCHOOL DISTRICT FOR DESIGN, ENGINEERING, AND
CONSTRUCTION OF A WATER MAIN AND APPURTENANT FIRE
HYDRANTS TO PROVIDE WATER SERVICE AND FIRE COVERAGE FOR
LAWHON ELEMENTARY SCHOOL.
WHEREAS, the Pearland Independent School District ("District")
wishes to have City water service to the Lawhon Elementary School
located on Brookside Drive in the Village of Brookside ("School");
and
WHEREAS, City desires to cooperate with the District' and
provide water service and fire coverage for the School by
constructing a water main and appurtenant fire hydrants; and
WHEREAS, the City and District wish to execute an agreement to
set forth their respective responsibilities with respect to
providing water service to the School; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain agreement, a copy of which is
attached hereto as Exhibit "A" and incorporated herein for all
purposes, by and between the City and District for designing,
engineering, and constructing a water main and appurtenant fire
hydrants for purposes of providing water service and fire coverage
for Lawhon Elementary School, is hereby authorized and approved.
Section 2. The City Manager or his designee is hereby
authorized to execute, and the City Secretary to attest,
Exhibit "A" and any counterparts thereof.
1
RESOLUTION NO. R96-5
PASSED, APPROVED and ADOPTED this the ~~
A.D., 1996. ~.
TOM REID
MAYOR
E~I ,
ECRETARY
day of
C~~T~VED AS TO FORM:
2
DEVELOPM~AGREEM]~NT
(Exhibit A to Resolution No. R96-5)
This Agreement is entered into this ~~day of
1996, by and between the City of Pearland, Texas,
"City"), and Pearland Independent School District
"District") .
(hereinafter
(hereinafter
WITNESSETH
WHEREAS, the District wishes to have City water service to the
Lawhon Elementary School located on Brookside Drive in the Village
of Brookside (hereinafter "School"); and
WHEREAS, City desires to cooperate with the District and provide
water service and fire coverage for the School by constructing a
water main and fire hydrants; and
WHEREAS, the City and District desire an agreement to set forth
their respective responsibilities with respect to providing water
service and fire coverage to the School.
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:
The City shall direct its consulting engineer to design a
water main and appurtenant fire hydrants to serve the School.
The District agrees to reimburse the City for engineering
design costs in accordance with a letter from Walsh
Engineering dated October 9, 1995, (Attachment A) attached
hereto and made a part hereof.
o
The City shall include the water main and appurtenant fire
hydrants to serve the School in its request for bids on other
water mains to be constructed. The District agrees to
reimburse the City for construction costs in accordance with
the Preliminary Construction Cost Estimate (Attachment B)
attached hereto and made a part hereof.
o
The District reserves the right to reject the bids to con-
struct a water main and appurtenant fire hydrants to serve the
School if construction costs exceed those in the Preliminary
Construction Cost Estimate.
o
This agreement shall be governed by the laws of the State of
Texas and may be amended or modified only by written agreement
signed by both parties.
Nothing herein is intended to supersede or waive any City
ordinance or regulation pertaining to such construction.
1
THE STATE OF TEXAS §
COUNTY OF BRAZORIA § /,4
F his inst rumant wasacknow~eJge/~e fore/~e on
~ n9 .~, d e nbtY S cD~ono: a~:shCrlilc, ¢s ~nes s /~ana~ I of/~earland
~ '.".;;'..~_o?'~3~.. BRENDA M. RIGGS ~ -"---~_ TA~¥ .PUB~ ,. s'rA'.t'~., ,~ ~,~J~,,~'~tl ~ ,'"/
'~,' ' = Notary Public State of/exas .
THE STATE OF TEXAS §
COUNTY OF BRAZORIA
/this instrument was acknow~dg~d~efore me on
19 ~/,~, by James Schleide~f, a~ /Superin. tendent of Pea r~hd
In~ndent School District:~~_ ~ /
THE STATE OF TEXAS §
COUNTY OF BRAZORIA §
instrument was acknowledged before me on ~~ ¢.'
19q~T.,hiSby Jamco ~.ehl~idc~, ~ ~t~i'~t&nd~n42 ~f
~I~ndcpcndcnt School District. Paul 6r0hman, C~ty Manager.
TOMMIE JEAN VIAL
Notary Public. State of Tex,,
Co mission .xpi 3. res:
Printed Name
o
Resolution No. R96-5 is made a part of this Development Agree-
ment.
In witness whereof, the parties have hereunto set their hands and
signatures on the date first above mentioned.
ATTEST:
Y'~da C.' Beh~ tez ~
Cig]/ Secretary
PEARLAND INDEPENDENT SCHOOL DISTRICT
Don Marshall, Business Manager
J~es Schlelaef, Superintendent
CITY OF PEARLAND
By: _.~~Grohman~
City Manager
WATER LINE EASEMENT
THE STATE OF TEXAS §
COUNTY OF ~0/~l~k § KNOW ALL MEN BY THESE PRESENTS:
That, PEARLAND INDEPENDENT SCHOOL DISTRICT, a political subdivision
created under the laws of the state of Texas, acting herein by and through its duly authorized officers
(hereinafter called "Grantor"), for and in consideration of the sum ofTEN DOLLARS ($10.00) and
other good and valuable consideration to the Grantor in hand paid by the City of Pearland, a
municipal corporation organized and existing under the laws of the State of Texas (hereinafter called
"Grantee"), the receipt and sufficiency of which are hereby acknowledged, has GRANTED, SOLD
and CONVEYED and by these presents, does GRANT, SELL and CONVEY unto the Grantee, its
successors and assigns, subject to the exceptions and reservations hereinafter made, an easement and
perpetual right-of-way for the sole purpose of using, maintaining, constructing, reconstructing,
repairing, relocating and removing a waterline and any related facilities upon, over and under that
certain strip of land in Brazoria County, Texas, more particularly described in Exhibit A attached
hereto and made a part hereof.
TO HAVE AND TO HOLD the above described easement and right-of-way, together
with all and singular the rights and appurtenances thereto in anywise belonging, including all
necessary rights of ingress, egress and regress, unto the Grantee, its successors and assigns for so
long as it is used for the purposes set forth herein. The Grantee may do and perform all acts
necessary to construct, reconstruct, repair, relocate, remove or maintain said water line and related
facilities on said easement and right-of-way and operate thereon all necessary machinery and
equipment to efficiently prosecute the work; provided, however, that the Grantee assumes the
responsibility for the appearance of the easement and right-of-way and maintains the same at its
expense so that the appearance is equivalent to that existing prior to any construction or future
maintenance work.
The easement and the right-of-way herein granted (the "Easement") is subject to the
following reservations, provisions, covenants and exceptions set forth below:
(1) The right of ingress and egress of Grantee and the Grantee's employees,
contractors, agents, successor and assigns shall be and is hereby limited to the area in the
Easement as herein described;
(2) Grantor expressly reserves unto Grantor, its successors and assigns, the right and
privilege of placing and maintaining, in, on, over and across the Easement as many facilities
and appurtenances as Grantor may desire, such as roads, streets, sidewalks, parking lots,
landscaping improvements, power lines and related electrical utility facilities, provided that
no permanent buildings or similar structural improvements shall ever be placed or
maintained thereon. There shall be included hereunder the reservation of the right to
dedicate or grant any time and from time to time easements for the construction,
maintenance, etc. of any street or road across all or any part of the strip of land herein
described, and the Grantee agrees to construct all lines and facilities to be constructed by the
Grantee hereunder in such manner as may be required for the construction, maintenance, etc.
of such street or road and facilities appurtenant thereto. If any such improvements are
damaged or destroyed by the Grantee or in connection with Grantee's operations hereunder,
Grantee shall, at Grantee's option, either repair or restore such improvements promptly to as
good a condition as, or if better condition than, the same were immediately prior to such
damage or destruction, or make full compensatory payment promptly to Grantor for such
damage or destruction;
(3) Grantor expressly reserves unto Grantor, its successors and assigns, the right and
privilege to dedicated or grant at any time and from time to time easements for the
construction, maintenance, repair and removal of any power lines above all or any part of the
strip of land hereinabove described;
(4) The Grantee shall limit and confine the Grantee's operations, maintenance, repair
and other activities to the area within the Easement, unless written permission otherwise is
first obtained from Grantor;
(5) The Grantee shall not construct any subsurface lines or other facilities not
described herein, in, on, over or across the area in the Easement;
(6) Grantor shall have the right to construct and maintain fences on, over, across or
enclosing the area in the Easement. If any fences of Grantor are damaged or destroyed by
the Grantee or in connection with its operations hereunder, the Grantee shall, at its option,
either repair or restore such fences promptly to as good a condition as, or better condition
than, as the same were immediately prior to such damage or destruction, or make full
compensatory payment promptly to Grantor for such damage or destruction;
(7) During or immediately after any installation, construction, maintenance,
inspection, repair, replacement or removal operations pursuant to this instrument, the Grantee
shall take all reasonable measures to restore the surface of the area in the Easement to the
condition in which it was immediately prior to such operations;
(8) Grantor reserves for itself and its successors and assigns, all rights in and to the
land covered by the Easement which are not inconsistent with the use to be made of the
Easement by the Grantee hereunder;
(9) The Easement is granted subject to all matters of record affecting the land covered
by the Easement, to the extent that the same are validly existing and affect such land;and
(10) If the Easement shall be abandoned, the Easement shall thereupon terminate, and
the land covered thereby shall revert to Grantor and Grantor's successors and assigns, free
and clear of the Ehsement. In this regard, the Easement shall be deemed abandoned if it is
not used for the purposes set forth herein for a continuous period of two (2) years. In the
event of the termination of the Easement, the Grantee, on request, shall furnish to Grantor
a satisfactory recordable release of th.e Easement for the purpose of confirming the same.
EXECUTED as of the of 199
ATTEST:
Secretary
L
PEARLAND INDEPENDENT SCHOOL DISTRICT
. BEFORE ME, the underGgnecJ authority, on this day personally appeared
~J-Lt-i'~x, t~i. I~ogtg~l "~ceS./~c~O 0t:/t?"'"--//':$th:hfPearland Independent School District, a political
"1 ~t~bdivision created ~der the laws of the State of Texas, known to me to be the person whose name
is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the
purposes and consideration therein expressed, in the capacity therein stated, and as the act and deed
of said corporation. .
y f-,/) GIVEN UNDER MY HAND AND SE~dL, OF OFFICE,,/dais the '~'Jdayof
<~' zq'~tary l~ublic in and for \ [(
7statd °f Texas ~[0
i;~ ,";F~-?~, BRENDA M. RIGGS ~
', -'~.',"'~'~ ;-~',~ oremission Expires t5-12-97
/.~._~..~",~:~.. . '
MCANWJ~66255\002002
HOUSTON'644204.1
11/11/96--10:38 am
14:51 '~'715 485 057~
PEARLAND ISD
~003
Exhibit 'A'
STATE OF TEXAS §
COUNTY OF BRAZORIA §
FIELDNOTE DESCRIPTION of a proposed water line easement in Lots I and 2 of the
Allison-Richey Gulf Coast Home Company Subdivision, Section 7, H.T. & B.R.R.
Survey, Abstract 219 in Brazoria County, Texas as recorded in Volume 2, Page 23 of
the Brazoria County Plat Records. Said tract is further described in a deed to the
Peadand Independent School District as recorded in Volume 768, Page 332 of the
Brazoria County Deed Records. Said easement is more particularly described by metes
and bounds as follows:
BEGINNING at a 1-inch iron pipe found for the common comer for Lots 2, 3, 5 and 6 of
said Subdivision, same being the southeast corner of said Pearland Independent
Scl~ool District tract;
THENCE, West, along the common line between said Lots=2 and 3, same being the
south line of said School District tract for a distance of 983.90 feet to a 5/8-inch iron rod
set in the east line of Garden Road (County Road 109, based on a width of 60-feet),
said point being the southwest comer of the herein described easement, same being
t13e southwest comer of said School District tract;
THENCE, North, along the east line of Garden Road for a distance of 490.00 feet to a
5/8-inch iron rod set for the northwest comer of the herein described easement;,
THENCE, East, for a distance of 10.00 feet to a 5/8-inch iron rod set for the northeast
comer of the herein described easement;
THENCE, South, 10.00-feet east of and parallel to the aforementioned east line of
Garden Road, for a distance of 480.00 feet to a 5/8d~ iron rod set for comer;
THENCE, East, 10.00 feet north of and parallel to b~ common line between Lots 2 and
3 for a distance of 973.90 feet to a 5/8-inch iron rod set in the common line between
Lots 2 and 5;
THENCE, South, along the common Dine between Lots 2 and 5 for a distance of 10.00
feet to the POINT OF BEGINNING, containing a computeel area of 0.336 of an acre
(14,639 square feet).
14:52 ~713 485 0876 PEARLAND ISD
~]004
Page 2
Exhibit 'A'
NOTE: The bearings shown hereon are based on the recorded plat of said Allison-
Richey Gulf Coast Home Company Subdivision Map.
Walsh Surveying, Inc.
2006 E. Broadway, Suite 105
Peadanci, Texas 77588
(713) 485-3991
Mi~,hael D. Wilson, R.P.LS.
Registration No. 4821
FILED F~.;~,:
96 NOV 20 Pit I+: 07
COUN?Y CLERK
OFFICE OF THE CITY SECRETARY
CITY OF PEARLAND, TEXAS
TO: RICHARD BURDINE DATE: APRIL 11, 1996
ASSISTANT CITY MANAGER
At the City Council meeting held on JAN. 22, 1996
the following matter was referred to you for appropriate disposal
or for specific action as indicated below:
RESOLUTION NO. R96-5 - LAWHON ELEMENTARY SCHOOL FIRE HYDRANTS AND WATER MAINS
(AGREEMENT SIGNED APRIL 4, 1996)
Documents Attached:
RESOLUTION NO. R96-5
CC:
-)07la4P%-eeit. e'y
Ahç
Yolanda C. Benitez, City Secretary
CC:act
•
WALSH ENGINEERING, INC. WILL^AM C. WALSH. P.E.
OF_PEARLAND 2010 E.eroaaway.P o eoa 760
PEARLAND.TEXAS 77514-0760
713/485-2404
Attachment A
d`ctol3eQ 9, 1995
OCT ,
AtCE
Mr. Richard Burdine ry
Assistant City Manager
Planning, Public Works, Parks,
City of Pearland
3519 Liberty Drive
Pearland, Texas 77581-5416
RE: Garden Road Water Plant & Transmission Lines
Additional Line
Dear Richard:
The engineering and surveying costs to add approximately
2 ,900 LF of 12" waterline extending from O'Day Road to Lawhon
Elementary School (see preliminary sketch) would be approximately
$7, 000 and $2,800. 00, respectively. We are assuming that the
waterline will be placed within the existing right-of-ways. 1
We are looking forward to being of assistance to you on this
project. We will await your authorization to proceed. Please
call me if you have a question.
Sincerely,
Mehran Bavarian, P.E.
Vice President/Chief Engineer
MB/bt
Enclosure
CONSULTING ENGINEERS HOUSTON • PEARLAND • ANGLETON • LONGVIEW
Attachment B
PRELIMINARY CONSTRUCTION COST ESTIMATE
FILE NAME: O'DAY — BROOKSIDE 12' W ATERLINE OPTION 2 (ALL la* )
DATE: 04—Oct-95
BY: MB
ITEM UNIT
NO. ITEM DESCRIPTION UNIT COSTS QUANTITY AMOUNT
1 12' C-900 WL LF $21.00 2,700.00 $56,I00.00
2 FIRE HYDRANT EA $1,100.00 6.00 $6,600.00
3 12' G.V. W/BOX EA $900.00 4.00 $3,600.00
--4 6' G.V.W/BOX EA $450.00 6.00 $2,700.00
5 12X6 TEE EA $500.00 ) 6.00 $3,000.00
6 12' WL IN UNCASED BORE LF $50.00 200.00 $10,000.00
7 MISC. FITTINGS TN $2,000.00 2.00 $4,000.00
i oI TRENCH SAFETY LF 1i $1.00 2,000.00 $2,000.00
TOTAL
_ $88,600.00
CONTINGENCIES @ 10% $8,860.00
TOTAL EST. CONST. COST $97, 60.00
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WALSH ENGINEERING, INC. WeSa^AM C. WALSH, P.E.
OF PEARLAND 2010 E.e�oaaWay,P.O.eox 7so
PEARLAND,TEXAS 7758810760
713/485-2404
Attachment A
d`ct1.fenr' 9, 1995
447/1)
Mr. Richard Burdine ® QC
Assistant City Manager ��
Planning, Public Works, Parks
City of Pearland
3519 Liberty Drive
Pearland, Texas 77581-5416
RE: Garden Road Water Plant & Transmission Lines
Additional Line
Dear Richard:-
The engineering and surveying costs to add approximately
2, 900. LF of 12" waterline extending from O'Day Road to Lawhon
Elementary School (see preliminary sketch) would be approximately
$7, 000 and $2 ,800. 00, respectively. We are assuming that the
waterline will be placed within the existing right-of-ways.
We are looking forward to being of assistance to you on this.
project. We will await your authorization to proceed. Please
call me if you have a question.
Sincerely,
Mehran Bavarian, P.E.
Vice President/Chief Engineer
MB/bt
Enclosure
CONSULTING ENGINEERS HOUSTON • PEARLAND • ANGLETON • LONGVIEW
Attachment B
PRELIMINARY CONSTRUCTION COST ESTIMATE
FILE NAME: O'DAY — BROOKSIDE 12' W. ATERLINE OPTION 2 (ALL 1z'' )
DATE: 04—Oct-95
BY: MB
ITEM
UNIT :; ....... .... .
:.NO ITEM DESCRIPTION" UNIT. COST,;
4UA[VT1TY .. AMO.UNT
1 12' C-900 WL LF $21.00 2,700.00 $56,700.00
2 FIRE HYDRANT EA $1,100.00 6.00. $6,600.00 .
3 12" G.V. W/BOX EA $900.00 4.00 $3,6100.00
4 6' G.V.W/BOX EA $450.00 6.00 $2,700.00
5 12X6 TEE EA $500.00 6.00 $3,000.00
6 12' WL IN UNCASED BORE LF • $50.00 ; 200.00 $10,0i00.00
7 MISC. FITTINGS TN $2,000.00 2.00 $4,00•
0.00
1 '81 TRENCH-SAFETY LF .$100
II . �I 2,000.001 $2,0,00.00.
TOTAL
$88,600.00
CONTINGENCIES @ 10% • $8,860.00
TOTAL EST. CONST. COST $97,460.00
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