Loading...
R94-35 06-13-94RESOLUTION NO. R94-35 RESOLUTION AUTHORIZING THE CITY MANAGER, SUBJECT TO CERTAIN CHANGES AND MODIFICATIONS TO THE ATTACHED EXHIBIT, TO EXECUTE ON BEHALF OF THE CITY ANAGREEMENT TO DONATE LAND FOR THE CITY OF PEARLAND CENTENNIAL BOULEVARD BY AND BETWEEN THE CITY, AS GRANTEE, AND THE WARREN E. SETTEGAST TRUST AND THE WARREN E. SETTEGAST 1971 TRUST THROUGH JOSEPH R. SHANNON, JR., TRUSTEEAND THE ROSBARRIE S. LANGDON TRUST THROUGH ROSBARRIE S. LANGDON, TRUSTEE, ROSBARRIE S. LANGDON, INDIVIDUALLY, CARLITA S. LAURENT, JENNIE S. SMITH, SANDRA S. ABADIE, MARION E. SETTEGAST, III, CARLITA S. SEALY, INDIVIDUALLY AND AS THE SETTEGAST PARTNERSHIP, AS GRANTORS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND THAT: 1. Attached hereto and incorporated herein by reference, there is an AGREEMENT TO DONATE LAND FOR THE CITY OF PEARLAND CENTENNIAL BOULEVARD, by and between the City, as Grantee, and the Warren E. Settegast Trust and the Warren E. Settegast 1971 Trust, through Joseph R. Shannon, Jr., Trustee and the Rosbarrie S. Langdon Trust through Rosbarrie S. Langdon, Trustee, Rosabarrie S. Langdon, individually, Carlita S. Laurent, Jennie S. Smith, Sandra S. Abadie, Marion E. Settegast, III, Carlita S. Sealy, individually and as the Settegast Partnership, as GRANTORS, which is acceptable to the City. The City finds that the contractual provisions regarding cost of surveying, fencing and the aggregate amount of fees (rezoning application processing fees directly associated with the proposed rezoning of land adjacent to the donated tract made the basis of this agreement) required to be waived by the City in the attached AGREEMENT TO DONATE LAND FOR THE CITY OF PEARLAND CENTENNIAL BOULEVARD involve a nominal amount and do not exceed, in the aggregate, the fair market value of the right-of-way to be 1 acquired, if it were necessary to pay for the acquisition that the City is to receive without cost. Therefore, such expenditures and the waiver of fees are approved under these circumstances only. Nothing herein shall waive any impact fees, platting fees, building permit fees or any fees or charges other than those incidentally associated 'with a rezoning application, nor shall it permanently waive fees or charges for future applications for rezoning. Furthermore, the City cannot and will not contract to rezone in order to obtain a municipal benefit. It can and will agree to waive these fees under these circumstances. The City can agree to consider the rezoning, but the rezoning shall be judged by the usual standard: the highest and best use of the property, which may or may not be consistent with the rezoning requested by the GRANTORS. 2. The City Manager is authorized and instructed to execute on the City's behalf the AGREEMENT TO DONATE LAND FOR THE CITY OF PEARLAND CENTENNIAL BOULEVARD attached hereto and incorporated herein by reference and to execute whatever other documents are necessary to accomplish closing and carry out the intents and purposes of this agreement. AND IT IS TO ORDERED. PASSED AND APPROVED THIS THE DAY OF JUNE, 19 9 4. MAYOR 2 R~SOLUTION NO. R94-35 ATTEST: APPROVED: 3 THE STATE OF TEXAS § COUNTY OF BRAZORIA § AGREM~NT TO DONATE LAND FORT HE CITY OF PEARLAND CENTENNIAL BOULEVARD WHEREAS, The Warren E. Setteg~st Trust and The Warren E. Settegast 1971 Trust, through Joseph R. Shannon, Jr., Trustee and The Rosbarrie S. Langdon Trust through Rosbarrie S. Langdon, Trustee, Rosbarrie S. Langdon, individually, Carlita S. Laurent, Jennie S. Smith, Sandra S. Abadie, Marion E. Settegast, III, Carlita S. Sealy, individually, and as the Settegast Partnership, hereinafter referred to as "GRANTORS", wish to convey to the City of Pearland the right-of-way for the proposed Centennial Boulevard out of a 136 acre, lmore or less, tract of land in the T. J. Green Survey, Abstract 198, Brazoria County,~along their property line from FM 518 to Clear Creek, 65 feet in width and 3,884.53 feet in length. This 136 acres, more or less, lies adjacent to a 132 acre, more or less, tract and a 47.7 acre, more or less, tract, owned by the Dissen family in the same survey; and WHEREAS, the right-of-way must be surveyed, located by stakes on the ground, reapproved by the GRANTORS, deeded to the City by easement deeds and fenced; and WHEREAS, the GRANTORS are willing to execute a "FULL DONATION" Agreement in a form approved by the City and by the Texas Department of Transportation for use by condemning authorities in circumstances where condemnation, appraisal and payment of fair market value for a taking for public purposes is waived by the landowner; and WHEREAS, the City wishes to accept such a gift and full donation and is willing to pay the costs of surveying, staking and fencing. WITNESSETH: 1. GRANTORS agree to convey said right-of-way to the City, as a donation, at no cost to the City SAVE AND EXCEPT the cost of surveying, staking, and fencing, which City agrees to pay. The GRANTORS shall execute special warranty gift easement deeds to the City for metes and bounds derived from the survey to be performed and staked. The Special Warranty Easement to be executed by GRANTORS shall be to the surface estate only (and enough of the subsurface to accomplish the right-of-way purposes). Therefore, all minerals shall be reserved to GRANTORS. The survey and staking shall be accomplished within 30 days, at City expense. The Surveyor shall set the stakes for the right-of-way in a manner which treats all GRANTORS of land for the right-of-way for Centennial Boulevard in as fair, reasonable, and proportionate a manner as possible. The fencing shall be accomplished within days of the execution and delivery of the last of the necessary deeds. All costs of recording shall be borne by City. In the event the City charges a fee for change of zoning categories on the property from which this right-of-way is carved, that fee shall be waived for any such application by one or more of the GRANTORS if the GRANTORS still own the property on which the rezoning is sought. Nothing herein shall obligate the City to grant such a request to rezone. At the present time, the City intends to follow its Master Plan of Zoning and, at the time this agreement is executed, there is no known action being considered that would materially change the Master Plan or the current zoning of the property in a manner which will' adversely affect GRANTORS' property. Nothing herein shall waive any impact fee, building permit fee or any fee associated with the possible development of the property in the future. As further consideration for this agreement, the City shall and does waive the right to assess the GRANTORS' remaining land adjacent to this roadway for its prorata share of the cost of constructing and paving this project. 2. Notwithstanding any other provision of this agreement to the contrary, in the event commencement and completion of construction of the roadway and associated fixtures on the land comprising the right-of-way donated for Centennial Boulevard have not occurred within four (4) years from the'date of this agreement, the parties hereto expressly agree that GRANTORS shall be entitled to receive, as Grantees, following written request to the City therefor, a Special Warranty Easement Deed from the City covering the same described property which was conveyed to the City by Special Warranty Easement Gift Deed pursuant to the terms of this Agreement. In the event the subject property reverts to GRANTORS pursuant to this provision, the City shall protect, defend, indemnify, and hold GRANTORS, their successors and assigns, harmless from all claims, demands, suits, judgments, costs, losses, 6 and expenses pertaining to the property conveyed and reconveyed, including increased tax liabilities on the property conveyed and reconveyed and assessments on the property conveneyed and reconveyed in the future and attorney's fees, resulting from the City's ownership of the surface conveyed by GRANTORS through the Special Warranty Easement Gift Deedf 3. GRANTORS shall be entitled to favored nation treatment with regard to provisions of their liking in any other agreement with any other GRANTORS for this initial phase of right-of-way acquisition for Centennial Boulevard, save and except compensation for the right-of-way to be acquired, since this right-of-way acquired herein is without compensation other than the waiver of certain fees or charges or liens that ordinarily would be charged or levied. 4. The City shall, at the time of the execution of the Special Warranty Easement Gift Deed, erect and maintain a fence on the former property line of GRANTORS' property for, among other things, the protection of livestock and other living animals on the property. Upon commencement of construction operations on the granted property, the City may move the fencing to a location on the right-of-way of its choice; however, the fencing shall be maintained by the City to protect such animals and others throughout the progress of construction on the right-of-way granted by GRANTORS. During the period of time commencing with the execution of the Special Warranty Easement Gift Deed and ending with the commencement of construction operations, GRANTOR retains 7 a temporary lease of the conveyed surface in order for GRANTORS to 'utilize the property for the same agricultural purposes for which GRANTORS were using the donated property at the time of the execution of the Special Warranty Easement Gift Deed. Commencement of construction shall automatically terminate said lease. Furthermore, the City agrees that it shall not claim the construction or planned construction of the road on the right-of- way as a basis for the denial of the agricultural exemption which presently exists on GRANTORS' property or on property to be granted for the right-of-way. 5. This represents the entire agreement of the GRANTORS and Grantee CITY. This agreement may not be amended without the written consent of both parties. AGREED THIS THE/~ DAY OF ~~__ , 1994. GRANTOR~~A~IT~ ~, ,i~4U,yA~ ~ CITY OF PEARLAND, GRANTEE BY: ~~/~~CIT Y MANAGER a temporary lease of the conveyed surface in order for GRANTORS to ~utilize the property for the same agricultural purposes for which GRANTORS were using the donated property at the time of the execution of the Special Warranty Easement Gift Deed. Commencement of construction shall automatically terminate said lease. Furthermore, the City agrees that it shall not claim the construction or planned construction of the road on the right-of- way as a basis for the denial of the agricultural exemption which presently exists on GRANTORS' property or on propertyto be granted for the right-of-way. 5. This represents the entire agreement of the GRANTORS and Grantee CITY. This agreement may not be amended without the written consent of both parties. AGREED THIS THE le~, DAY OF CITY OF PEARLAND, GRANTEE BY: ~W/,/~CITy MANAGER 8 olr a llar dJ 3519 Liberty Drive · Pearland, Texas 77581-5416 (713) 485-2411 · Fax (713) 485-8764 CERTIRCATION THE STATE:OF TEXAS COUNTIES OF BRAZORIA & HARRIS CITY OF PEARLAND I, Pat Jones, the duly appointed, qualified and acting City Secretary of the City of Pearland, Texas hereby certify that the attached constitutes a true and correct copy of Resolution No. : at a regular ~ify Pearland, Texas, this ..... / ~ 199j .L, at Pearland, Texas. duly passed and approved by the City Council meeting held on the /-~ day of , A. D., 19 ~ . which, witness my hand and seal of the City of day of , A. D. ,. City of pearland, Texas {~)Printed on Recycled paper July 13, 1994 L A W O F F I C E S A PROFE,%$IONAL CORPORATION Mr. BarryAbrams, Esq. Interim City Attorney c/o Abrams, Scott & Bickley 333 Clay, Suite 1570 Houston, Texas 77002 O F JUL 1 ,! I994. i-0,9T'2-.' TO Re: Agreement to Donate Land for the City of Pearland Centennial Boulevard - The Warren E. Settegast Trust, et al Dear Mr. Abrams: Please find enclosed a fully executed Agreement to Donate Land for the City of Pearland Centennial Boulevard ("Agreement") which has been executed by all of the Grantors referred to in said Agreement. The Agreement is attached to the original Certification and Resolution No. R94-35 which Mr. Paul Grohman's office sent to me in June. On Page 8 of the Agreement, the original form was set up only for five (5) signatures and the names of each Grantor were not listed. In order to make sure that all the Grantors executed the Agreement, I personally wrote the name of each Grantor after the word "Grantor" on the form of Agreement. Since there were ten (10) actual Grantors, I copied Page 8 with Mr. Grohman's signature so that there would be a separate space for all of the Grantors' signatures. I am sending you the only original of the Agreement which I have. I trust that there will be no problem with the multiple Pages 8. I also anticipate that there will be no problem with the fact that there exists only one original Agreement attached to the Certification. I hope that my copy of the Agreement will be sufficient in the event it is needed in the future. If I may be of any additional assistance, please feel free to contact me.' Please give my best to your partner Bob Scott and his fami EVAN B. GLICK EBG/hh Enclosures cc: WilllamA. Langdon, Jr. 502 CAROLINE. FOURTH FLOOR. HOUSTON. TEXAS 77002 (713) 224-466~ BARRY ABRAMS (713) 650-1590 AnnAMS SCOTr & BIC EY, 333 CLAY AVENUE SUITE 1570 HOustoN, TEXAS 77002 L.L.P. TELEPHONE (713) 650-I 570 TELECOPIER (713) 650-1580 ATTORNEY-CLIENT PRIVILEGED COMMUNICATION July 14, 1994 BY MESSENGER Mr. Paul Grohman City Manager City of Pearland, Texas 3519 Liberty Drive Pearland, Texas 77581 Attention: T.J. Dear Paul: Enclosed is the executed original of the Agreement to Donate Land for the City of Pearland Centennial Boulevard and its accompanying certification and resolution. I note that the parties have not filled in the blank left on page 5 of the agreement relating to fencing requirements and that the agreement has not been dated on page 8. I suggest that you date the agreement and determine whether to address the "blank". Absent any entry, I am of the view that the fencing obligation will be implied to be a reasonable length of time. If you instead prefer that the matter be resolved with a specific time period, the agreement should be recirculated and initialled and dated by all concerned. Also enclosed is correspondence from the grantors' counsel outlining the rationale for the dual signature pages. If you have any questions, please do not hesitate to contact me.