HomeMy WebLinkAboutO-2009-3185 Bike-Pedestrian Trail easement on Pasadena owned property
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: September 2S, 200S
Appropriation
Requested By:
Stephen L. Barr
Source of Funds:
N/A
Department:
Parks & Recreation
Acc't Number:
Report: _Resolution: _Ordinance: --X-
Amount Budgeted:
N/A
Exhibits: Interlocal Agreement - City of Pasadena
Amount Requested:
N/A
Bud2:eted Item:
YES
NO
Exhibits:
Exhibits:
SUMMARY & RECOMMENDATION
The City of La Porte is building a bicycle-pedestrian trail along Fairrnont Parkway as a component of
the 2001 Bicycle Pedestrian Trail System Master Plan, as approved by City Council. The trail alignment will
require easements from various properties along the route, including one from the City of Pasadena.
The Interlocal Agreement being considered will allow the trail to be placed on City of Pasadena
property and will facilitate the building of the trail in the near future. The plans for the trail have been reviewed
by Pasadena and they are comfortable with the alignment.
Staff recommends approval of the Interlocal Agreement between the City of La Porte and the City of
Pasadena to be able to move forward with the trail installation. There are two more easements that will be
required before we can move forward with the installation but we expect to receive those momentarily. Once the
easements are in place we will be able to move forward toward providing this important component in the City's
Trail Master Plan.
Ron Bottoms, City Manager
-:l In ~ <j
Date
Exhibit #1
Ordinance 2009
Exhibit #2
Interlocal Agreement
ORDINANCE NO. 2009- 8/ ~.s-
AN ORDINANCE APPROVING AND AUTHORIZING AN INTERLOCAL
AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE CITY OF PASADENA
FOR A BIKE-PEDESTRIAN TRAIL EASEMENT ON PASADENA OWNED
PROPERTY, ACCORDING TO THE TERMS OF THE AGREEMENT; MAKING
VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE
DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes the contract, agreement, or
other undertaking described in the title of this ordinance, a copy of which is on file in the office
of the City Secretary. The City Manager is hereby authorized to execute such document and all
related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to
attest to all such signatures and to affix the seal of the City to all such documents.
Section 2. The City Council officially finds, determines, recites, and declares that a
sufficient written notice of the date, hour, place, and subject of this meeting of the City Council
was posted at a place convenient to the public at the City Hall of the City for the time required by
law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas
Government Code; and that this meeting has been open to the public as required by law at all
times during which this ordinance and the subject matter thereof has been discussed, considered
and formally acted upon. The City Council further ratifies, approves, and confirms such written
notice and the contents and posting thereof.
Page 1 of2
Section 3. This Ordinance shall be effective from and after its passage and approval, and
it is so ordered.
PASSED AND APPROVED, this 28TH day of September, 2009.
CITY OF LAPORTE
Barry Beas ey,
Mayor of La Porte
By:
ATTEST:
0ntU{j,~iljl
Martha Gillett,
City Secretary
APPROVED AS TO FORM:
~-r~
Clark T. Askins,
Assistant City Attorney
Page 2 of2
September 8, 2009
City of La Porte
AUn: Barry Beasley, Mayor
604 West Fairmont Parkway
La Porte, Texas 77571
RE: Ordinance No. 2009-179
Honorable Mayor Beasley:
Enclosed are two (2) ORIGINALS of a Contract and Agreement to be
signed. Please sign and return BOTH copies to the City of Pasadena City
Secretary's Office and we will return one (1) fully executed copy for your
records.
Please be advised that these contracts should not be confused with a
purchase order. Therefore, do not send or mail any item without first
receiving a purchase order from our Purchasing Department.
Should you have any questions or need additional information, please
don't hesitate to contact our office at (713) 475-5513.
Sincerely,
P)
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/P1/n4"'YLi/"-"",,/L/::;'t:t({...i>-Ll::C
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z-eEmma Bridwell
City Secretary
Office Assistant
Enclosures
City of Pasadena, Texas p.o, Box 672 Pasadena, TX 77501 713-477-1511 www.pasadenatexas.net
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INTERLOCAL AGREEMENT
THE STATE OF TEXAS ~
~
COUNTY OF HARRIS ~
An interlocal agreement between the City of La Porte, Texas and the City of Pasadena, Texas
WHEREAS, it is to the mutual benefit of the City of Pasadena and the City of La Porte for the
construction of a public walking and jogging, Hike and Bike Trail, approximately ten (10) feet in width,
along the North boundary line of the City of Pasadena 99.999 acre tract located on Fairmont Parkway as
shown in Exhibit "A" attached hereto, hereinafter called the "Trail;" and
WHEREAS, the City of La Porte will construct and maintain the Trail if the City of Pasadena will
permit the construction within a dedicated easement located on the property owned by the City of
Pasadena.
NOW, THEREFORE, in consideration of the mutual covenants, agreements and benefits to both
parties, it is agreed as follows:
I.
The City of La Porte will prepare, or cause to be prepared, detailed plans and specifications for
the Trail and submit the same to the City of Pasadena for approval.
II.
After the approval of the plans and specifications by the City of Pasadena, the City of La Porte
shall commence to construct the Trail in accordance with the plans and specifications approved by the
City of Pasadena and in accordance with this agreement and applicable law. The City of La Porte will
construct the Trail in a manner as not to interfere with the City of Pasadena's use of the property, over
and across which the Trail is located, for any purpose. The City of La Porte shall administer
construction, construction bidding and perform construction inspection, materials testing, and surveying
for the Trail. The City of Pasadena may, but is not required to, perform construction inspection and
examine all results of the material tests for the Trail. If any conflict arises between the plans and
specifications and the provisions of this agreement, the agreement is controlling and binding upon the
parties hereto.
EXHIBIT "1"
/II.
The City of Pasadena authorizes the City of laPorte to use the described easement located on
the North boundary line of the City of Pasadena's 99.999 acre tract located on Fairmont Parkway, as
more particularly described on Exhibit "A" attached hereto and incorporated herein for all purposes, for
the purpose of constructing and maintaining the Trail. The City of Pasadena's authorization of the City of
LaPorte's use of the property is conditioned on the fulfillment of the City of laPorte's obligation herein.
If any portion of the City of Pasadena's property, on which the Trail is to be constructed or maintained,
is subject to any permits, wetland mitigation requirements, pipeline adjustments, consent, approvals, or
other matters, in which the County or the Harris County Flood Control District may be involved, then this
Agreement is subject to those permits and other matters, and the City of LaPorte will obtain the consent
and approvals from said third parties prior to undertaking the construction of the Trail on approvals,
then this agreement is of no force and effect.
IV.
Subject to the terms of paragraph XI hereof, the term of this agreement shall commence on the
date of the execution of this agreement and end on twenty-five (25) years from the date of the
execution of this agreement by the last party to execute the same, provided however that such
agreement shall be automatically extended for successive periods of one year thereafter unless either
party sends written notice of their intent to cancel in accordance with this agreement.
V.
During the term of this agreement, the City of LaPorte will not take any action that interferes
with the use of the Trail by the general public for walking and jogging purposes.
VI.
Within ninety (90) days following the completion of the construction of the Trail, the City of
LaPorte will deliver record drawings of such construction to the City of Pasadena. To the extent that the
City of LaPorte funds are available, the City of LaPorte shall maintain, or cause to be maintained, the
Trail during the term of the Agreement. The City of laPorte's maintenance duties shall include, but not
be limited to, the repair of the pavement on the Trail caused by ordinary wear and tear, mowing, edging,
trimming and picking up of trash, paper and debris on the Trail and the ground located within ten feet of
either side of the Trail, at least once every two months or other frequency determined by the City of
Pasadena. The City of LaPorte shall install and maintain, or cause to be installed and maintained,
appropriate traffic control signs and devices, lighting apparatus and all other appurtenances along the
Trail that are deemed necessary or proper by the City of LaPorte for the safety of the users of the Trail.
The City of Pasadena shall have no duty whatsoever to maintain the Trail after construction.
VII.
The City of LaPorte shall not cause any waste upon the Trail and shall not cut or damage any
tree or trees on the City of Pasadena's lands over six inches in diameter, as measured twelve inches
above grolJnd level, without prior written consent of the City of Pasadena.
VIII.
For purposes of this Agreement, the City of laPorte's right to use and enjoyment of the Trail for
the purpose herein stated is expressly limited to the City of Pasadena's right, title and interest in and to
the City of Pasadena's lands, and the City of Pasadena makes no representation or warranty as to its
right, title or interest in and to said lands.
IX.
The City of Pasadena makes no representation that the City of Pasadena's property on which the
Trail is to be constructed, including, but not limited to, its grade and drainage, is suitable for the City of
LaPorte's intended purposes. The City of Pasadena makes no representation as to the presence or
absence of depressions on the property, or the stability or suitability of the soils for the City of LaPorte's
intended purpose.
x.
The City of Pasadena hereby expressly reserves to itself, its officers, employees, agents, and
contractors, the right to enter upon the Trail on the City of Pasadena's lands at any time for any purpose
necessary or convenient to access our land, to remove portions of the Trail and not permit the City of
LaPorte to rebuild the same, and to make such other use of said Trail as City of Pasadena deems
necessary or desirable in connection with any purpose, and the City of LaPorte shall have no claim for
damages of any character on account thereof against the City of Pasadena, or any officer, employee,
agent or contractor thereof. The City of Pasadena has no responsibility to replace or repair any portion
of the Trail that is damaged in the course of making improvements to our land.
The City of Pasadena will notify the City of LaPorte in writing thirty (30) days prior to the
commencement of any such work on its property on which the trail is located and the City of LaPorte
has the option, but not the obligation, to monitor and inspect the progress of such work from time to
time as it sees fit.
In the event the City of Pasadena's work may require removal of a portion of the trail, the City of
Pasadena shall notify the City of LaPorte in writing sixty (60) days in advance of the commencement of
such work. The City of LaPorte shall have thirty (30) days from the date of such notification to remove
any and all trail materials and/or related equipment and materials from that portion of the trail on
which the work is to be done.
The sole remedy of the City of LaPorte for failure of the City of Pasadena to give the notice
provided herein is termination of this Agreement.
likewise, if the Trail, or other structures appurtenant thereto, is damaged by the City of
Pasadena during road or drainage activities, the City of Pasadena reserves the right not to allow the City
of laPorte to rebuild the Trail or replace structures appurtenant thereof if to do so would impede the
City of Pasadena's use of the property, on which the Trail is located, for road or drainage purposes. In
this event, the City of Pasadena will permit the City of LaPorte, to the extent physically possible and
allowed by law, to relocate and rebuild the trail on other City of Pasadena property so as to connect
with the remainder of the trail in a continuous, non-interrupted fashion.
If any portion of the Trail, constructed or maintained by the City of LaPorte pursuant to this
Agreement, is damaged, other than through the sole fault of the City of Pasadena, the City of LaPorte, to
the extent permitted by law, will promptly repair said damage. The City of LaPorte shall notify the City of
Pasadena Director of Public Works and the Parks Director in writing of any such proposed repairs or
replacements to the Trail. The City of LaPorte shall not perform such repairs or replacements to the Trail
until they are approved in advance by the City of Pasadena Director of Public Works and the Parks
Director in writing.
XI.
During and after construction of the Trail, and during the term of this agreement, the City of
Pasadena may place one or more signs along the Trail indicating that the Trail is a joint project of the
City of Pasadena and the City of LaPorte, and that the Trail is available to the general public.
XII.
Subject Paragraph XI above, the City of LaPorte will have the exclusive control and supervision of
the Trail during the term of this agreement. The City of Pasadena has no obligation to inspect the Trail,
to determine whether the same is safe, nor to give notice to the users of the Trail that the Trail is
unsafe.
XIII.
The Trail is open to the use of the general public. No fee or charge shall be imposed for use
thereof.
XIV.
It is not the City of LaPorte's or the City of Pasadena's intent to designate any part of the
property on which the Trail may be constructed as a recreational area for the purposes of TEX. PARKS &
WILD. CODE ANN. ~ 26.001 (Vernon 2002) and all amendments thereto, or to dedicate any part of such
property as a park for the purposes of Chapter 317, TEX. LOC. GOV'T CODE ANN. (Vernon 1999 & Supp.
2002) and all amendments thereto.
xv.
Any notice required or permitted to be given to the City of Pasadena by the City of LaPorte
hereunder may be given by certified or registered United States Mail, postage prepaid return receipt
requested, addressed to City of La Porte, TX, Attention: Parks Director. Any notice required or
permitted to be given to the City by the County hereunder may be given by certified or registered
United States Mail, postage prepaid, return receipt requested, addressed to the City of Pasadena, P.O.
Box 672, Pasadena, TX 77501, Attention: Director of Parks and Recreation. Notices shall be considered
exercised and completed upon deposit of the notice in the United States mail as aforesaid.
XVI.
In performing its obligations to be performed under this Agreement, the City of LaPorte shall
comply with all applicable federal, state, municipal and local laws, rules, ordinances and regulations,
including, but not limited to, the Americans with Disabilities Act and the Texas Architectural Barriers Act.
XVII.
The City of LaPorte shall cause to be inserted in the construction contract a statement that the
contractor shall save and hold harmless the City of LaPorte and City of Pasadena and their employees,
officers and agents from all suits, actions, and claims of any character brought on account of any injuries
or damages sustained by any person or property in consequence of any neglect or alleged neglect in
safeguarding the work or through the use of unacceptable materials in the construction of the Trail, or
on account of any act or omission by the contractor.
XVIII.
To the extent that the Trail is located within the City of Pasadena's property, the City of LaPorte
will require that the construction contractor's insurance policies name the City of Pasadena, as well as
the City of LaPorte, as an additional insured. Such insurance policies shall include not less than the
following minimum coverage:
1. Workers Compensation in the amount required by law
2. Comprehensive General Liability Insurance for bodily injury and property damage, including
inverse condemnation, with a combined single limit of not less than $1,000,000 per occurrence.
3. Comprehensive Automobile Liability Insurance, including owned and non-owned vehicles used
for the construction of the Trail, with bodily injury and property damage with a combined single
limit of not less than $1,000,000 combined single limit per occurrence.
City of LaPorte may require insurance in excess of the amounts or coverages set out above as it deems
necessary.
XIX.
IN ADDITION, IN THE EVENT THE CITY OF LAPORTE'S USE OF THE CITY OF PASADENA'S REAL PROPERTY
CAUSES THE CITY OF PASADENA'S TITLE TO ANY PORTION OF SUCH PROPERTY TO REVERT TO THE
GRANTOR, OR GRANTOR'S HEIRS, SUCCESSORS OR ASSIGNS, THE CITY WILL REACQUIRE, IN THE NAME
OF THE CITY, SUBJECT TO THE RIGHT OF THE CITY TO USE SUCH PROPERTY FOR A HIKE AND BIKE TRAIL
AND APPURTENANCES THERETO, THE SAME PROPERTY INTEREST THE CITY OF PASADENA HAD OWNED
PRIOR TO THE REVERSION OF THE TITLE.
XX.
This instrument contains the entire agreement between the parties relating to the rights herein
granted and the obligations herein assumed. Any modifications concerning this instrument shall be of no
force and effect excepting a subsequent modification in writing, signed by all parties hereto.
IN TESTIMONY OF WHICH, this agreement has been executed in duplicate counterparts, each to
have the force and effect of an original as follows:
(a) It has been executed on behalf of the City of Pasadena on the _ day of
2009, by its Mayor, and attested by its City Secretary, pursuant to an ordinance of the City Council of the
City of Pasadena authorizing such execution; and
(b) It has been executed on behalf of the City on the _ day of ,2009. by its
Mayor, and attested by its City Secretary, pursuant to an ordinance of the City Council of the City of La
Porte authorizing such execution.
ATIEST:
LINDA RORICK, City Secretary
APPROVED AS TO FORM:
LEE CLARK
City Attorney
ATIEST:
vrr; ~(;I,~)/
Martha Gillett, City Secretary
APPROVED AS TO FORM:
t~r~~ /,or
NOX ASKINS I
City Attorney
CITY OF PASADENA
By
JOHNNY ISBELL, Mayor
CITY OF LA PORTE
METES AND BOUNDS DESCRIPTION
0.7868 ACRES OF LAND IN THE WlLUAM M. JONES
SURVEY, ABSTRACT No. 482
IN HARRIS COUNTY, TEXAS
(PEDESTRIAN/BIKE EASEMENT
CITY OF PASADENA - 99.999 ACRE TRACT)
BEING 0.7868 acres of land situated in the William M. Jones Survey, Abstract No. 482
in Harris County, Texas; being a part of that certain 99.999 acre tract of land described
in the deed to the City of Pasadena recorded in Harris County Clerks File No. P023711,
Official Public Records of Real Property of Harris County, Texas, said 0.7868 acre tract
of land is described by metes and bounds as follows:
BEGINNING at a 1-1/4 inch copperweld rod on the South line of Fairmont Parkway,
being the most Northerly Northeast corner of said 99.999 acre tract and the Northwest
corner of that certain 7.944 acre tract of land described in the deed to Houston Lighting
and Power Company recorded in Harris County Clerks File No. E040575, Official Public
Records of Real Property of Harris County, Texas;
THENCE, South 03 degrees 08 minutes 32 seconds East, along the West line of said
7.944 acre tract, 650.11 feet to a point for the Southwest corner of said 7.944 acre tract;
THENCE, North 87 degrees 02 minutes 23 seconds East, along the South line of said
7.944 acre tract, 437.35 feet to a 1-1/4 inch copperweld rod on the Northwest line of that
same 18.298 acre tract designated as Parcel "A" and described in the deed to Coastal
Water Authority recorded in Harris County Clerks File No. K874511, Official Public
Records of Real Property of Harris County , Texas;
THENCE, South 33 degrees 00 minutes 21 seconds West, along the Northwest line of
said 18.298 acre tract, 41.02 feet to a point at the beginning of a non-tangent curve to
the right whose radius is 40.00 and whose radius point bears North 10 degrees 00
minutes 07 seconds West;
THENCE, in a Northwesterly direction along said curve through a central angle of 53
degrees 11 minutes 15 seconds, 37.13 feet to a point at the beginning of a tangent curve
to the left whose radius is 30.00 feet;
THENCE, in a Northwesterly direction along said curve through a central angle of 46
degrees 08 minutes 46 seconds, 24.16 feet;
THENCE, South 87 degrees 02 minutes 23 seconds West, parallel to and 12.00 feet
South of the South line of said 7.944 acre tract, 305.29 feet to a point at the beginning of
a tangent curve to the left whose radius is 30.00 feet;
THENCE, in a Westerly direction along said curve through a central angle of 27 degrees
57 minutes 13 seconds, 14.64 feet to a point at the beginning of a tangent curve to the
right whose radius is 40.00 feet;
Page 1 of 3
K:\proj\survey\02116801\Easements\clocIM&B ESMT TR 1 REV.doc
EXHIBIT "A"
THENCE, in a Northwesterly direction along said curve through a central angle of 145
degrees 43 minutes 54 seconds. 101.74 feet to a point at the beginning of a tangent
curve to the left whose radius is 30.00 feet;
THENCE, in a Northerly direction along said curve through a central angle of 27 degrees
57 minutes 36 seconds, 14.64 feet;
THENCE, North 03 degrees 08 minutes 32 seconds West. parallel to and 12.00 feet
West of the West line of said 7.944 acre tract, 557.61 feet to the beginning of a tangent
curve to the left whose radius is 30.00 feet;
THENCE, in a Northwesterly direction along said curve through a central angle of 89
degrees 52 minutes 18 seconds, 47.06 feet;
THENCE, South 86 degrees 59 minutes 11 minutes West, parallel to and 10.00 feet
South of the South line of said Fairmont Parkway. 1,910.47 feet to the beginning of a
tangent curve to the right whose radius is 35.00 feet;
THENCE, in a Westerly direction along said curve through a central angle of 44 degrees
24 minutes 55 seconds, 27.13 feet to a point on the most Northerly line of said 99.999
acre tract, from said point a 1-1/4 inch copperweld rod at an angle point in the West line
of said 99.999 acre tract bears South 86 degrees 59 minutes 11 seconds West, 9.90 feet
and then South 03 degrees 00 minutes 54 seconds East, 22.93 feet;
THENCE, North 86 degrees 59 minutes 11 seconds East, along the most Northerly line
of said 99.999 acre tract. which is the South line of said Fairmont Parkway, 1.976.87 feet
to the POINT OF BEGINNING and containing 0.7868 acres of land.
Bearings are based on the Texas State Plane Coordinate System. South Central Zone
(No. 4204) North American Datum of 1983 (NAD 83) CORS adjustment based from
satellite observations.
This description was prepared in conjunction with surveys made on the ground in
December 2008 and January 2009.
Revised June 17, 2009
Steven E. Williams, R.P.L.S.
Texas Registration No. 4819
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Page 2 of 3
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NO. Il!:YIS1ON DATE
T -I -
_...YAMIl_
D~1E:
DR...... BY:
CHEO<tD BY:
PflO..l No.:
03-13-09
JwR
S(W
02-1168-01
0.6853 ACRES Of' LAND IN THE
WlWAM M. JONES SURVEY,
ABSTRACT No. 482 IN HARRIS
COUNTY. TEllAS
(10' PEDESTRIANI8IKf:
EASEMENTS. CITY Of'
PASADENA)
I-UIT~
CITY OF LA PORTE
....TT.1CM.L.AltS. INC.
ISOO s, OA"y "S"'CRO
SUITE 200
~TON. nt 77071
Pt1OfI[ ,8.<496.00..
, AX 28' .496...0120
604 WEST FAlRUONT PAAKW"Y
LA PORT(, TEX..s 77571
28'-471-~20
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