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R2004-074 05-10-04 RESOLUTION NO. R2004-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 26 OF APPROXIMATELY 13.255 ACRES OF LAND. WHEREAS, Brazoria County Municipal Utility District No. 26 (the "District") is located within the corporate limits of the City of Pearland, Texas ("City"); and WHEREAS, the City consented to the creation of the District by Ordinance No. 1004 dated February 26, 2001; and WHEREAS, Section 54.016, V.T.C.A., Water Code, as amended, provides that no land within the corporate limits of a city or within the extraterritorial jurisdiction of a city, shall be included within a municipal utility district unless such city grants its written consent, by resolution or ordinance, to the inclusion of the land within the district; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. All of the matters and facts set forth in the preamble hereof are true and correct. Section 2. The City Council of the City of Pearland, Texas, hereby specifically gives its written consent to the annexation of approximately 13.255 acres owned by the City and used as the site for the City's west regional sewage treatment plant as described further in Exhibit "A" attached hereto, into the District. Section 4. This Resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Pearland and it is accordingly so resolved. RESOLUTION NO. R2004-74 PASSED and APPROVED ON FIRST AND ONLY READING this the TOM REID MAYOR ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 10th 2 EXHIBIT DESCRIPTION OF 13.255 ACRES WASTEWATER TREATMENT PLANT SITE (crrv OF PEXmaND) May 3, 2004 Job No. 1547-2610-070 Being 13.255 acres of land located in the T.C.R.1L Co. Survey, Section 3, Abstract 678, Brazoria County, Texas, more particularly being all of that certain tract (described as Lot 2, Block 1 of tho Allison-Richey Gulf Coast Home Co's Part of Suburban Gardens of record in Volume 2, Page 99, Plat Records, Brazoria County, Texas (B.C.P.R.), conveyed to the City of Pearland by instrument of record under File No. 98-011492, Official Records, Brazoria County, Texas, (B.C.O.R.), said 13.255 acres being more particularly described by metes and bounds as follows (all bearings referenced to the Texas State Plane Coordinate System, South Central Zone); BEGINNING at a 1-inch iron md found marking the northeast comer of aforementioned City of Peaxland tract, same being a re-entrant comer of that certain 27.388 acre tract conveyed to Board of Regents of the University of Texas System by instrument of record under File No. 02-066758, B.C.O.R. and being on the common survey line of aforementioned T.C.R.R. Co. Survey, Section 3 and the Obediah Pitts Survey, Abstract 717, Brazoria County, Texas; Thence, leaving said common survey line, with the common line of said City of Pearland tract, and said 27.388 acre tract, South 03° 15' 27" East, at 125.34 feet pass a westerly angle point of art/d 27.388 acre tract, and continuing with the west line of the remainder of that certain called 13.2581 acre tract conveyed to Pearland Investments l.im/ted Partnership by instrument of record under File No. 98-044598, B.C.O.R., in all a total distance of 673.83 feet to a 5/8-inch iron md previously found marking the southeast comer of said City of Pearland tract, same being the northeast comer of that certain called 8.7724 acre tract conveyed to Pearland Investments lJmlted Partnership by instrument of record under File bio. 98-044876, B.C.O.R.; Thence, with the common line of said City of Pearland tract and said 8.7724 acre tract, South 86° 24' 53" West, 856.79 feet to a 5/8-inch iron md previously found marking the southwest comer of said City of Pearland tract, same being the southeast comer of that certain tract of land (descl'fl~ as Tract 1) conveyed to Pearland Investments Limited Partnership by instrument of record under File No. 98-045472, B.C.O.R.; Page 1 of 2 o I:~r~ojdskl~SURVEY~ $47~.6 i~C1TY_OF_PEARLAND.do~ 13.255 Ac~s May 3, 2OO4 Job No. 1547-2610-0702 Thence, with the common line of ,said City of Peaxland Tract, and said Tract 1, North 03° 16' 31" West, 673.83 feet a point for corner being on the south line of that certain called 30.2475 acre tract (described as Tract 2) conveyed to Peartand Investments Limited Parme~p by instrument of record under File No. 984)40711 and 98- 040712, B.C.O.P,_, and being on the aforementioned common survey line of the T.C.R.R. Co. Survey, Section 3 and the Obediah Pitts Survey, and being the northwest comer of said City of Pearland tract; Thence, with said common survey line and the common line of said 30.2475 acre tract and said City of Pearland tract, North 86° 24' 53" Fast, at 200.03 feet pass the most westerly comer of aforementioned 27388 acre tract, and continuing with the common line of said 27.388 acre tract and said City of Pearland tract, in all a total distance of 857.00 feet to the POINT OF BEGINNING and containing 13.255 acres of land. LIA Engineering & Surveying Inc. Page 2 of 2 I:~Projdsk1~SURV]~Y~1547%26~0~Cri'Y_OF_PHARLAND.4~c rnl~ W w z~ "r' (x,J. 0 t/) Z < x ~wu m °WO --I-- I-- -- ~ ' ~ DJ k- mo ~0