SPECIAL MEETING NOTICE

Mon Nov 29 7pm 2308 Butler Drive

Fri Dec 3 7pm 2308 Butler Drive


RELOCATION OF UTILITY RACK FROM ACROSS CLEAR CREEK TO UNDERGROUND INTO POLLY RANCH PARK & ASSIGNMENT OF EASEMENT RIGHTS TO THE CITY OF FRIENDSWOOD

The sewer & water pipeline (known as a utility rack), was built in 1975, connects to the City sewer treatment plant on the Harris County side of Clear Creek, crosses over the creek at the Park in Polly Ranch and runs underground and ties into a main line on Pine Dr. The utility rack has a service life of 50 years which means it is coming to an end and will need to be replaced. This utility rack services almost 50% of Friendswood, not just Polly Ranch. Significant erosion of the land at the base of the utility rack has resulted in the City dumping multiple truckloads of rocks to try and rebuild the land around the concrete footing but this is only a temporary fix as recent major storms continued to erode the same areas. The utility rack also poses a safety hazard for those who tie ropes to it and swing into the creek. Many of the people that gather at the utility rack are not Polly Ranch residents and do not abide to it being a private park. The constant calls from Polly Ranch residents to the City to cut the ropes and to address the erosion is what put this utility rack on the City’s radar. After discovering the condition of the pipe (being near the end of it’s service life), the City was successful in receiving a Capital Improvement Project Grant (CIP) to replace and bury the utility rack while also increasing service capacity. The grant has a 2 year deadline, which means this project has to be completed by summer of 2022. Failure to meet the deadline will mean the City will lose the grant and will have to pay for this project through City funds (most likely through an increase in homeowner water/sewer utility bills).

While evaluating this project, it came to the City’s attention they did not have an Easement Agreement with Polly Ranch. Although the City has effectively been running underground pipe through Polly Ranch for many years, and has established, unofficially, a prescriptive easement, no formal agreement has been signed. At the August General Meeting, it was first raised that the City wanted Polly Ranch to sign an Easement Agreement to formally establish a 30ft easement over the existing and planned pipeline locations. Questions were raised about the agreement and an Easement Subcommittee was created to research and evaluate the City’s proposal, identify PRHOA concerns, negotiate needed changes with the City, and provide the Board of Directors with a recommendation.

The Easement Subcommittee recommends that Polly Ranch enter into the redrafted Easement Agreement, with the following changes made and agreed to by the City:

1) No other structures will be placed on top of the easement, and adding the term “underground” (from utility pipeline to underground utility pipeline…)

2) If the City no longer uses the easement, it will revert back to Polly Ranch

3) Correction of the metes and bounds calculations

4) Have a signature box on the construction plans that the PR President must sign off on to ensure the construction takes into account our requests (reforestation of construction zone, protection of Dave Brown Memorial sign, use of Park during construction)

5) Updating the contractual fee from $1.00 to $10.00 (to conform with State contract law)

Forward work needed for the overall project:

  1. City and PRHOA will establish proper Easement (this effort, with 2 quorum-satisfying PRHOA special member meetings called by the Board needed with approval votes to approve the City’s Easement contract – City officials will be present at the first meeting to answer questions)

  2. City will solicit construction bids (PRHOA will be signatory on construction plans released for bid, to protect existing Park improvements and HOA interests)

  3. City will select winning bid and establish construction contract for work to be executed

  4. Selected vendor will execute construction project before Grant funds expire (Summer 2022)



RELEVANT DOCUMENTS FOR MEMBER REVIEW / USE:

Easement Agreement

Construction Signature Page

Absentee/Proxy - Nov 29

Absentee/Proxy - Dec 3