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HomeMy WebLinkAboutResolution No. 2008-56RESOLUTION NO. R2008-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, REPEALING RESOLUTION R2008-48 AND AUTHORIZING THE MAYOR TO EXECUTE, AND THE CITY SECRETARY TO ATTEST, RESPECTIVELY, A MASTER DEVELOPMENT AGREEMENT WITH LINGO FL WEST -LAND, LTD., TO ADDRESS DEVELOPMENT OF FRIENDSWOOD LAKES FUTURE SECTIONS (THE SUBDIVISION) AND EXTENSION OF FRIENDSWOOD LAKES BOULEVARD. WHEREAS, LinGo FL West -Land, Ltd. is proposing to develop certain real property within the City of Friendswood to be known as Friendswood Lakes Future Sections ("Subdivision"); and WHEREAS, City desires that LinGo construct an extension of Friendswood Lakes Boulevard in conjunction with the development of the subdivision, and is willing to provide the land to do so if LinGo is willing to construct the roadway; and WHEREAS, a Master Development Agreement was accepted by the City Council with the passage of Resolution R2008-48; and, WHEREAS, the Friendswood Lakes Homeowners Association no longer desires to be a party to the Master Development Agreement; and, WHEREAS, the parties named above are agreeable to the foregoing and desire to set forth their agreement in an amended Master Development Agreement; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS: Section 1. Resolution R2008-48, authorizing the execution of the previous tri-party Master Development Agreement, is hereby repealed; and Section 2. That the Mayor and City Secretary are hereby, authorized and directed to execute and attest, respectively, the amended Master Development Agreement by and between the City and LinGo FL West -Land, Ltd., in substantially the same form as Exhibit A, attached hereto. A copy of such agreement attached hereto is made a part hereof for all purposes. PASSED, APPROVED, and RESOLVED this 7th day of July, 2008. (TI L---N\ vid J. IK. S ith Mayor ATTEST: R2008-56 EXHIBIT A MASTER DEVELOPMENT AGREEMENT This Master Development Agreement ("Agreement") is entered into by and between the undersigned City of Friendswood, a body corporate and politic in the state of Texas, hereinafter "City", and LinGo FLWest-Land, Ltd., a Texas limited partnership, hereinafter "LinGo", who, joining together, do hereby state as follows: WHEREAS LinGo proposes to develop that certain real property depicted on Exhibit "A" attached hereto and described as Friendswood Lakes Future Sections, hereinafter "the Subdivision", into single family residential lots each having a front dimension of not less than ninety (90) feet, more or less; and WHEREAS LinGo proposes to develop the Subdivision in multiple phases, generally beginning with Section 5 and continuing through Section 11, although the size, dimension and boundaries of the various Sections may be revised, altered or amended from what is depicted on Exhibit "A", the Sections may be renumbered from what is depicted on Exhibit "A", and the order of development of the Sections may be switched from a numerical sequence beginning with Section 5; and WHEREAS City has acquired that certain real property generally described as 8.47 acres and being Tract IV as referenced in that certain General Warranty Deed dated November 14, 2007 and recorded at Galveston County Clerk's Instrument No. 2007073066 in the Real Property Records of Galveston County, Texas, hereinafter "the 8.47 acre tract"; and WHEREAS City desires that the 8.47 acre tract be included by LinGo in a plat of some or all of the Subdivision, with a portion of the 8.47 acre tract being platted as an extension of Friendswood Lakes Boulevard and other city roadways as depicted on Exhibit "A" attached hereto, and LinGo is willing to do so, and the remainder of said 8.47 acre tract being platted and dedicated as open space; and WHEREAS City desires that LinGo construct an extension of Friendswood Lakes Boulevard from its current south south-easterly terminus to the south south-easterly boundary line of the Subdivision as depicted on Exhibit "A" attached hereto, City is willing to provide the land required therefor, and LinGo is willing to do so; and WHEREAS the undersigned desire to set forth their agreement in this Master Development Agreement. NOW, THEREFORE, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and LinGo do hereby agree as follows: 1. LinGo agrees to develop the Subdivision generally in accordance with the conceptual plan attached hereto as Exhibit "A," upon approval by the Planning and Zoning Commission as Page 1 of 3 required by Appendix B, Section II(a)(2) of the City Code, and in compliance with all applicable laws, statutes, rules, regulations, and ordinances of governmental entities having jurisdiction. LinGo proposes, and is hereby allowed, to develop the Subdivision in phases, generally beginning with Section 5 and continuing through Section 11, as permitted by Appendix B, Section I(b)(4) of the City Code. City and LinGo recognize that the size, dimension and boundaries of the various Sections may be revised, altered or amended from what is depicted on Exhibit "A", the Sections may be renumbered from what is depicted on Exhibit "A", and the order of development of the Sections may be switched from a numerical sequence beginning with Section 5, but in all cases, all actual development must be consistent with (a) all final plats thereof approved by City and (b) generally be consistent with the conceptual plan attached hereto as Exhibit "A". Major changes in the conceptual plan shall be resubmitted to the Planning and Zoning Commission for approval. As stipulated by Appendix B, Section II(a)(2) of the City Code, minor changes may be reviewed by staff who may determine that changes are more than minor and resubmit proposed changes to the Planning and Zoning Commission. LinGo proposes, and is allowed, to plat each of the projected phases individually and at different times. 2. City agrees to join with LinGo in incorporating the entirety of the 8.47 acre tract in one or more plats of the Subdivision with the 8.47 acre tract being platted (a) as an extension of Friendswood Lakes Boulevard from its current south south-easterly terminus to the south south- easterly boundary line of the Subdivision and other city roadways, all as depicted on Exhibit "A" attached hereto and (b) the remainder being dedicated to open space. At no time shall fee simple title to the 8.47 acre tract ever be transferred to LinGo. 3. LinGo shall cause the necessary surveying and platting work to be performed to incorporate the entirety of the 8.47 acre tract in one or more plats of the Subdivision as set forth above at LinGo's sole cost and expense, and City agrees to cooperate in all respects in connection therewith, except that LinGo acknowledges that the Planning & Zoning Commission must independently approve any and all plats. 4. Upon final plat approval of the projected Section 7 of the Subdivision, LinGo shall cause to be constructed the extension of Friendswood Lakes Boulevard as set forth above in accordance with all applicable laws, statutes, rules, regulations, and ordinances of governmental entities having jurisdiction at LinGo's sole cost and expense, and City agrees to cooperate in all respects in connection therewith. City shall, at City's sole cost and expense, provide the necessary real property upon which the extension of Friendswood Lakes Boulevard is to be constructed, including executing and delivering a mutually agreeable temporary construction easement for construction of roadway, drainage and utility improvements thereon in connection therewith. 5. LinGo shall, in conjunction with construction of the improvements for proposed Section 5 of the Subdivision, cause to be constructed the drainage improvements adjacent to proposed Section 5 of the Subdivision and the Mission Estates subdivision that have heretofore been approved by the Galveston County Consolidated Drainage District, all at LinGo's sole cost and expense. Page 2 of 3 6. The undersigned understand and agree that this Agreement shall first become effective upon final plat approval of proposed Section 5 of the Subdivision. 7. The undersigned agree to cooperate in the furtherance of this Agreement and the purposes of this Agreement, and no party shall interfere with the rights of any other party granted or created hereunder. 8. This Agreement is signed in the state of Texas and is governed by, and shall be construed in accordance with, the laws of the state of Texas. Time is of the essence of this Agreement. The terms and provisions hereof shall be binding upon and inure to the benefit of each ofthe undersigned and theirrespective successors and assigns, which such terms and provisions may be freely assigned. This Agreement contains the entire agreement between the undersigned relating to the subject matter hereof except as otherwise set forth in writing signed by both of the undersigned, none of the undersigned shall be bound by any verbal statement made heretofore concerning the subject matter hereof, and there is no other agreement between the undersigned hereto concerning the subject matter hereof. If any term or provision contained in this Agreement is in conflict with any applicable law, such term or provision shall be deemed omitted herefrom and all other terms of this Agreement shall remain in full force and effect. Notwithstanding any rule of law to the contrary, no provision of this Agreement shall be construed in favor of or against a party solely upon the basis of the identity of the author of this Agreement, this Agreement having been authored by counsel for each of the undersigned and each of the undersigned having had full opportunity to discuss this Agreement and the terms and provisions hereof with its counsel and to negotiate at arms length all terms and provisions hereof. 9. Entered into the date last signed below. Dated: 7 / 7 / 08 CITY OF FRIEND WOOD By: David J.H. Smith ATT T: Dkoris McKenzie, TRMC City Secretary Dated: 7 / 7 / 08 Mayor LINGO FLWEST-LAND, LTD., a Texas limited partnership, By: LinGo Prope 'es, I ,its neral partner, By: r cy F. Goza, Pre dent Page 3 of 3 EXHIBIT A - LAND PLAN EXHIBIT B - TRACT II NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMI3ER OR YOUR DRIVER'S LICENSE NUMBER. ROADWAY RIGHT-OF-WAY AND DRAINAGE, AND UTILITY EASEMENT THE STATE OF TEXAS § & KNOW ALL BY THESE PRESENTS THAT: COUNTY OF GALVESTON Friendswood Lakes Homeowners Association, Inc., ("FLROA"), a Texas not for profit corporation, hereinafter "Grantor", for and in consideration ofthe sum of $10.00 and other good and valuable consideration in hand paid to Grantor, the receipt and sufficiency of wlucbis hereby acknowledged and confessed, has GRANTED, SOLI? AND CONVEYED, and by these presents does hereby GRANT, SELL AND CONVEY, unto LinGo FL -WEST Land, Ltd., a "Texas limited partnership, City of Friendswood, a body corporate and politic in the state of Texas, and to the public, collectively, "Grantee", a perpetual easement andright-of-way in, over, upon and across that certain real property described as Tract II on Exhibit "A" attached hereto and incorporated herein by reference for the purpose of constructing, reconstructing, altering, and maintaining a public roadway and drainage and utility facilities ("easement") therein, -under, -over and -upon, collectively "Easement Property". Grantee may do and perform all acts necessary to construct, reconstruct, .repair, relocate, or maintain public roadway and drainage and utility facilities within said Easement Property and to operate thereon all necessary machinery and equipment to prosecute the work efficiently. This conveyance .is expressly made subject to a.ny and all restrictions, mineral and/or royalty reservations, covenants, easements, encumbrances and other matters appearing of record relative to the Easement Property, but only to the extent that the same are still in force and effect and enforceable against the same. TO HAVE AND TO HOLD the above described easement, together with all and singular the rights and appurteri.ances thereto in any wise belonging unto the said Grantee, its successors and assigns forever as set forth above, and Grantor binds itself, its successor and assigns, to warrant and forever defend all and singular the said easement unto Grantee and Grantee's successors andassigns against every person whomsoever lawfully claiming or to claim the Sallie or arty part thereof, except as to the reservations from and exceptions to conveyance and warranty, when the claim is by, through, or under Grantor, but not otherwise. Page I of 2 1N WITNESS WHEREOF, this instrument is executed this L day of . i 0 Aj � , 2008. FRIENDSWOOD .LAKES HOMEOWNERS ASSOCIAT N, INC. Name: — Title:�n.}LDS COUNTY OF GALVESTON STATE OF TEXAS § l-h Thi instrument was acknowledged be ore me on the 16l day of , 2008 by QNt O ;�, of and on behalf of Friendswood Lakes Homeowners Ass& iation, Inc. Notary Public in and for the State of Texas ssoaraaao�tn-��^�'wvv►.o��s+m�r A�`�um�oap „NNUNff/y/ s, vav nd .UA ne Iw MA y RAn j Publie, Sla9a'r�9, 9r0M g 3 3,sr%nn %$$S $Ay Go minion fxplmt 12>94-IN S •�w��oa®<s.�ac:tioo®asaawab�0.bb0bw AFTER RECORDING RETURN TO: Ashby Crinion LLP 17040 El Camino Real, Suite 200 Houston, Texas 77058 Page 2 of 2 TRA CT 11 Description of a 0.36 acre tract of land situated in the Mary Fabreau Survey, Abstract No. 69, Galveston County, Texas; said 0.36 acre tract of land being out of and a part of Reserve "I" located in Friendswood bakes, Section 1 subdivision as recorded at Volume 18, Map No. 1176 of the Map Records of Galveston County, Texas; said 0.36 acre tract of land being more particularly described by metes and botmds as follows: NOTE: Bearing basis for this description is the Southerly line of said Friendswood Lakes, Section 'I subdivision; said Southerly line being.S 45°00'00" E. BEGrNNING at the Northerly corner of this description and also being the Easterly corner of Reserve "C" of said Friendswood Lakes, Section 1; said point also being in the Northerly line of said Reserve "I". THF,NCE S 51°27'34" E with the Northeasterly line of this description and across said .Reserve ":1" a distance of 158.87 feet to the Easterly corner of this description and also being in the Southerly line of said Reserve "J' ; said point being the beginning of a non -tangent curve to the left, concave Southerly. THENCE in a Westerly direction with the Southeasterly line of this description., the Southerly line of said Reserve "I" and said non -tangent curve to the left having a central angle of 5°56'47", a radius of 180.00 feet, an arc length of 18.68 feet and a chord hearing and distance of S 68°58'38" W, 18.67 feet to the end of this curve. THENCE S 66000'12" W with the Southeasterly line of this description and the Southerly line of said. Reserve "I" a dlstanco of 94._56 feet to the SOtrtherly corner of this description. THENCE N 51°27'34" W with the Southwesterly line of this description and across said Reserve "I" a distance of 158,1.5 feet to the Westerly corner of this description and also being the Southerly corner of said Reserve "C; ; said point being in the Northerly line of said Reserve 1" and also being the beginning of a non -tangent curve to the right, concave Northerly. THENCE in a Easterly direction with the Northwesterly line of this description, the Northerly line of said Reserve "I"', the Southerly line of said Reserve "C" and said non -tangent curve to the right having a central angle of 3127'32", a radius of 180.00 feet, an arc length of 10.87 feet and a chord bearing and distvice of N 67043'55" E, 10.86 feet to the end of this curve. THENCE N 66'00' 12" E with the Northwesterly lire of this description, the Northerly line of said Reserve "I"'and the Southerly line of said Reserve "C" a distance of 102.01 feet to the PLACE OF REG1NNING; contai.rung within said boundaries a calculated area, of 0.36 acres (15,784.90 scl.ti.) of land.