Board of Directors Regular Meeting Agenda


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Meeting Date: 09/22/2016  

SUBJECT MATTER:
Receive,consider and act upon an approval of a Consent to Encroachment and Indemnity Agreement with MUD 47 and a Pathway Easement with The Woodlands Development Company for trails at Shadowbend Park C-2016-0500;
FISCAL IMPACT:
$130,000 is allocated in the 2016 Capital Improvement Budget for the establishment of a trail at Shadowbend Park. To date no money has been spent on this project.
BACKGROUND:
Shadowbend Park underwent a major renovation which was substantially completed in the summer of 2014. One of the elements of the renovation was removed from the scope of work due to funding considerations and delays in obtaining access rights was the addition of a natural surface trail at the park along the drainage ditch that runs through the park. Currently, residents use the ditch for jogging and walking and the goal of this project would be to formalize this path. The natural surface trail was one of the requested features submitted by the those responding to the public input questionnaire as part of the park renovation design process and was vetted by the Village Association and Parks and Recreation Advisory Council at that time.

This project would serve as a pilot program for using the community’s ditches as additional transportation corridors as recommended in the Draft Pedestrian Bicycle Master Plan. To add to the concept of improving mobility and removing joggers (and potentially cyclist) from the roadways, the 2011 Parks and Recreation Needs Assessment addresses the need for additional trail and connectors in the community. The study also indicated the need for a 5K all-weather loop, a 3 mile running loop, and a six mile closed bike loop. 
 
The trail is currently envisioned similar to the trail that was installed at Bear Branch Sports Fields and would run along the ditch and connect with the internal pathway system in the park and to the pathways on Shadowbend Dr.. The trail would be built with a four inch base of crushed concrete and a four inch level of decomposed granite.
 
In order to proceed with the development of this trail several agreements are required, as a significant portion of the trail would not be located on Township property. The land on which the trail is proposed to be constructed is owned by The Woodlands Development Company, who in turn granted a  drainage easement to The Woodlands Municipal District 47. Therefore, two separate agreements are required before the project can move forward.
  1. Consent to Encroachment and Indemnity Agreement- MUD 47
  2. Pathway Easement- The Woodlands Development Company
The agreements have been reviewed, revised and approved by the Township Attorney (Attachments A & B) .  Contingent upon approval, the  following tentative schedule is proposed to complete the project:
  • Release bids - October 6, 2016
  • Pre Bid meeting - October 20, 2016
  • Bids Due - November 3, 2016
  • Board Award of Bid, if needed - November 30, 2016
  • Construction - January thru March 2017
RECOMMENDATION:
Authorize the President/General Manager to execute the Pathway Easement with The Woodlands Development Company and a Consent to Encroachment and Indemnity Agreement with The Woodlands Municipal Utility District 47 for the development of a natural surface trail at Shadowbend Park, conditional upon receipt of the mutually agreed upon legal description of the easement.
Attachments
Attachment A - MUD 47 Consent to Encroachment and Indemnity Agreement
Attachment B - Pathway Easement TWDC Shadowbend Park


    

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