R2001-0146 10-22-01 _RESOLUTION NO. R2001-146
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO ENTER INTO A FILL DIRT AGREEMENT WItH
R. WEST DEVELOPMENT COMPANY, INC. FOR THE REMOVAL
AND PLACEMENT OF FILL DIRT ASSOCIATED WITH THE
SOUTHWEST ENVIRONMENTAL CENTER.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain agreement by and between the City of Pearland and
R. West Development Company, 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 contract with R. West Development
Company, inc. for the removal and placement of fill dirt associated with the Southwest
Environmental Center.
PASSED, APPROVED and ADOPTED this the 22 day of
October , A.D., 2001. ~~
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CiTY ATTORNEY
Exhibit
~01i~61'2081 16:25 2816521679
PEARL~
R2001-~46
William R. Eisen
City Manager
Telephone (281) 652-1663
Telecopier (281) 652-1708
October 17, 2001
Ms. Renee West
R. West Development Company, hc.
6302 Broad~vay Street, Suite 250
Pearland, Texas 77581
Re: Fill Dirt Agreement
Dear Ms. West:
This letter sets forth the agreement oftlie City of Pearlaud ("City") to place fill dirt removed
by the City from certain land owned by the City and more particularly described on Exhibit "A"
attached hereto (the "C~ty Tract") on land owned by K. West Development Company ( West ') an
more particularly described on Exhibit "B" attached to this letter (the "West Tract").
City has budgeted $2,650,000.00 in its Capital Projects budget for tke design and
construct/on of the Southwest Env/roamental Center ("SW'EC") ancl diversion structure, of which
approxknately $2,350,000.00 is remaining uncommitted and available for contract construction;
approxknately 260,000 cubic yards of dirt will be excavated and remove4 from the SWEC Deteation
Pond during construction oft. he facility.
West has provided a plan depicting the locations, depth, and compact/on specs for placement
of fill dirt on the West Tract ("Exhibit C"). City will finalize its bidding documents and advertise
the project for construction in accordance with State Law prior to November 15, 2001. City agrees
that tlxe bid documents will prov/de for abase bid and two aitemate bids: Alternate Iwill require the
contractor, within 150 days of receipt of notice to proceed, to deliver the excavated material to a site
of his/her choice (other than the West Tract); Alternate 2 will require the contractor, witAin 150 days
of receipt of notice to proceed, to deliver the excavated material to the West Tract and to place it in
accordance with the plan provided by West. Alternate 2 will include a separate bid item, to be paid
by West, for compaction of the fill to specifications provided by West. If the bid price from the
lowest responsible bid4er for Alternate 2 (excluding the compaction cost) exceeds the bid price for
Alternate 1 from ~e lowest responsible bidder, West may agree in writing (w/thin 10 days after
request by City that West make such election) to pay the difference to City within 30 days following
completion of such work, in which event City will award the con~aet for Alternate 2 to the lowest
responsible bidder for Alternate 2. I/the lowest responsible bid for a base bid plus Alternate 2
3519 LIBERTY DRIVE - PEAr{LAND, TI~XAS 77581 - (281) 485-2411 · www.cLpearlandJx.us
16:25 281G52i579 PEARLAND LEGAL DEPT PAGE 03 ...
Ms. Kenee West
October 17, 2001
Page 2
(excludJ-~g the compaction cost) exceeds $2,350,000.00, City will have the option to reject all bids
and terminate this Agreement, unless West agrees i~ writh~g (within 10 days a~er request by City
that West make such election) to pay the difference between the lowest responsible bid for
Alternate 2 (excluding the compaction cost) and $2,350,000.00, such payment to be made within
30 days following completion of such work, in whieh event City will award the contract for
Alternate 2 to such lowest responsible bidder. The bid and contract documents will provide that, in
addition to the City, West (and any assignee of West with respect to the West Tract whose identityis
given to City prior to final award of the contract) shall be named as additional ~nsureds on the
contractor's liability policy with respect to such work.
To the best knowledge of the City, the fill dirt placed on the West Tract pursuant to this
Agreement will be free ~rom any envkonmental contaminants which are in levels or concentrations
requiring reposing and/or remediation under applicable law. City agrees to provide West with a
copy of the City's available environmental studies and reports regarding that portion of the
City Tract from where the fill dirt will be removed. City also hereby grmats West a temporary licerme
to enter the City Tract for the limited pm-poso of conducting environmental and soils testing on the
City Tract.
City acknowledges that the proposed development of the West Tract will benefit City and
that West's efforts in that regard constitute adequate eonsiderktion for this agreement.
I/this letter accurately describes your understanding of the agreement b~ween City and West
regarding the fill dirt, please execute this letter where indicated below and return one executed
original to the undersigned. This letter agreement may be executed in couJaterparts, each o£which
shall constitute au original.
Very truly yours,
City Manager
R. WEST DEVELOPMENT, INC.
President
EXHIBIT A
Approximately 108 acres generally bounded on the north by Mary's Creek, on the east by
Audubon Place subdivision, on the south by Wagon Wheel subdivision, and on the west by
Harkey Road, in Pearland, Brazoria County, Texas; and further described in City of Pearland
bid package number B2001-063.
REKHA ENGINEERING,
LEGAL DESCRIPTION
DETENTION POND
51.4099 ACRE TRACT OF LAND LOCATED IN THE
H.T.&R.R. CO. SURVEY, ABSTRACT NO. 242
BRAZORIA COUNTY, TEXAS
BEING a 51.4099 acre (2,239,414 square foot) tract of land being located in the
H.T.&R.R. Co. Survey, Abstract No. 242, Section 17 Brazoria County, Texas,
said 51.4099 acre tract being out of that tract conveyed to Pearland Hughes-
West Investments, Ltd. as per an instrument recorded under Brazoria County
Clerk's File Number 00-054657 of the Official Records of Brazoria County,
Texas, and being more particularly described by metes and bound as follows:
COMMENCING at a % iron rod located at the point of intersection of the north
line of the right-of-way of County Road 91, based on a width of 60 feet, with the
west proper'ty line the said Pearland Hughes-West Investment, Ltd trac'~;
THENCE North 87°19'59'' East, along the north line of the said right-of-way of
County Road 91 a distance of 192.24 feet, to a 5/8 inch iron rod found for corner;
THENCE North 03019'23'' West, a distance of 213.20 feet to a 5/8 inch iron rod
set for corner and being the PLACE OF BEGINNING of the herein described
tract;
THENCE North 28°41'13'' West, a distance of 107.35 feet to a 5/8 inch iron rod
set for corner;
THENCE North 38°07'30" West, a distance of 122.31 feet to a 5/8 inch iron rod
set for corner;
THENCE North 01022'40'' West, a distance of 262.10 feet to a 5/8 inch iron rod
set for corner;
THENCE I~lorth 09°43'41'' East, a distance of 182.77 feet to a 5/8 inch iron rod
set for corner;
THENCE North 03°46'08'' East, a distance of 220.72 feet to a 5/8 inch iron rod
set for corner;
THENCE North 12°28'47" West, a distance of 182.59 I=eet to a 5/8 inch iron rod
set for corner;
5301 HOLLISTER, SUITE 190 · HOUSTON, TEXAS 77040
PHONE: (713) 895-8080/8081 "FAX: (713) $95-7686
REKHA ENGINEERING, INC.
CONSULTING ENGINEERS
LEGAL DESCRIPTION....PAGE 2
DETENTION POND
51.4099 ACRE TRACT OF LAND LOCATED IN THE
H.T.&R.R. CO. SURVEY, ABSTRACT NO. 242
BRAZORIA COUNTY, TEXAS
THENCE North 20o02'47" East, a distance of 95.88 feet to a 5/8 inch iron rod set
for corner;
THENCE North 58°05'01'' East, a distance of 119.16 feet to a 5/8 inch iron rod
set for corner;
THENCE North 86°48'32'' East, a distance of 236.83 feet to a 5/8 inch iron rod
set for corner;
THENCE North 84°26'58'' East, a distance of 175.43 feet to a 5/8 inch iron rod
set for corner;
THENCE North 65°00'56'' East, a distance of 133.79 feet to a 5/8 inch iron rod
set for corner;
THENCE North 86°33'48'' East, a distance of 76.75 feet to a 5/8 inch iron rod set
for corner;
THENCE North 84017'26" East, a distance of 249.31 feet to a 5/8 inch iron rod
set for corner;
THENCE South 88°20'49'' East, a distance of 140.32 feet to a 5/8 inch iron rod
set for corner;
THENCE South 59°41'52" East, a distance of 98.35 feet to a 5/8 inch iron rod set
for corner;
THENCE South 73°55'47'' East, a distance of 100.74 feet to a 5/8 inch iron rod
set for corner;
THENCE South 47°07'49'' East, a distance of 34.76 feet to a 5/8 inch iron rod set
for corner;
THENCE South 31°52'19'' East, a distance of 58.46 feet to a 5/8 inch iron rod set
for corner;
5301 HOLLISTER, SUITE 190 · HOUSTON, TEXAS 77040
PHONE: (713) 895-8080/8081- · FAX: (713) 895-7686
REKHA ENGINEERING, INC.
CONSULTING ENGINEERS
LEGAL DESCRIPTION....PAGE 3
DETENTION POND
51.4099 ACRE TRACT OF LAND LOCATED IN THE
H,T.&R.R. CO. SURVEY, ABSTRACT NO. 242
BRAZORIA COUNTY, TEXAS
THENCE South 09°35'03" West, a distance of 98.41 feet to a 5/8 inch iron rod
set for corner;
THENCE South 09o40'32" West, a distance of 43.98 feet to a 5/8 inch iron rod
set for coroer;
THENCE South 32°59'23" East, a distance of 69.67 feet to a 5/8 inch iron rod set
for corner;
THENCE South 71°21'16" East, a distance of 105.55 feet to a 5/8 inch iron rod
set for corner;
THENCE South 81011'27" East, a distance of 144.11 feet to a 5/8 inch iron rod
set for corner;
THENCE South 64°33'05" East, a distance of 73.29 feet to a 5/8 inch iron rod set
for corner;
THENCE North 82°53'51" East, a distance of 210.38 feet to a 5/8 inch iron rod
set for corner;
THENCE South 85°28'21" East~ a distance of 96.00 feet to a 5/8 inch iron rod set
for corner;
THENCE South 14°17'37" East, a distance of 146.61 feet to a 5/8 inch iron rod
set for corner;
THENCE South 08022'52" East, a distance of 100.39 feet to a 5/8 inch iron rod
set for corner;
THENCE South 06019'42" East, a distance of 141.34 feet to a 5/8 inch iron rod
set for corner;
THENCE South 01°02'03" West, a distance of 78.44 feet to a 5/8 inch iron rod
set for corner;
5301 HOLLISTER, SUITE 190 · HOUSTON, TEXAS 77040
PHONE: (713) 895-8080/8081 · FAX: (713) 895-7686
REKHA ENGINEERING, INC.
CONSULTING ENGINEERS
LEGAL DESCRIPTION....PAGE 4
DETENTION POND
51.4099 ACRE TRACT OF LAND LOCATED IN THE
H.T.&R,R, CO. SURVEY, ABSTRACT NO. 242
BRAZORIA COUNTY, TEXAS
THENCE South 24°22'30'' West, a distance of 56.67 feet to a 5/8 inch iron rod
set for corner;
THENCE South 20°36'14" West, a distance of 61.24 feet to a 5/8 inch iron rod
set for corner;
THENCE South 31029'42" West, a distance of 74.63 feet to a 5/8 inch iron rod
set for corner;
THENCE South 62044'27" West, a distance of 53.74 feet to a 5/8 inch iron rod
set for corner;
THENCE South 27055'57" West, a distance of 69.17 feet to a 5/8 inch iron md
set for corner;
THENCE South 09°37'01" West, a distance of 61.23 feet feet to a 5/8 inch iron
rod set for corner;
THENCE South 48°30'51'' West, a distance of 68.85 feet to a 5/8 inch iron rod
set for corner;
THENCE South 64°52'41'' West, a distance of 84.99 feet to a 5/8 inch iron rod
set for corner;
THENCE South 80009'26'' West, a distance of 77.09 feet to a 5/8 inch iron rod
set for corner;
THENCE South 89053'07" West, a distance of 111.30 feet to a 5/8 inch iron rod
set for corner;
THENCE North 88°08'07" West, a distance of 128.70 feet to a 5/8 inch iron rod
set for comer;
THENCE South 88°05'44~ West, a distance of 422.67 feet to a 5/8 inch iron rod
set for corner;
5301 HOLLISTER, SUITE 190 · HOUSTON, TEXAS 77040
PHONE: (713) 895-8080/8081 · FAX: (713) 895-7686
REKHA ENGINEERING, INC.
CONSULTING ENGINEERS ~
LEGAL DESCRIPTION....PAGE 5
DETENTION POND
51.4099 ACRE TRACT OF LAND LOCATED IN THE
H.T.&R.R. CO. SURVEY, ABSTRACT NO. 242
BRAZORIA COUNTY, TEXAS
THENCE South 81026'39" West, a distance of 125.16 feet to a 5/8 inch iron rod
set for corner;
THENCE South 87°01'36" West, a distance of 200.71 feet to a 5/8 inch iron rod
set for corner;
THENCE North 87032'44" West, a distance of 144.21 feet to a 5/8 inch iron rod
set for corner;
THENCE South 86049'54'' West, a distance of 150.68 feet to a 5/8 inch iron rod
set for corner;
THENCE South 88°51'12'' West, a distance of 165.81 feet to a 5/8 inch iron rod
set for corner;
THENCE North 69024'59'' West, a distance of 115.90 feet to the PLACE OF
BEGINNING, and contaij3ing)51.4099 acre~-~.,239,414 square feet) of land.
Registered Professional Land Surveyor
Texas Registration No. 4218
I:\1778\1778-DET-MB.doc ~
October 9, 2001
5301 HOLLISTER, SUITE 190 · HOUSTON, TEXAS 77040
PHONE: (713) 895-808018081 ° FAX: (713) 895-7686
Exhibit C
Exhibit still being developed.