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R2004-153 09-13-04 RESOLUTION NO. R2004-153 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING THE ETJ AGREEMENT BETWEEN THE CITY OF PEARLAND AND THE CITY OF HOUSTON. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain ETJ Agreement by and between the City of Pearland and the City of Houston, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest a contract amendment with the City of Houston, to adjust the ETJ line between the City of Pearland and the City of Houston. PASSED, APPROVED and ADOPTED this the 13th day of A.D., 2004. September _, TOM REID MAYOR ATTEST: y/~ N O ' L/~)'~ F~N C-4', '~"R,J~C I'Y SECRETARY *' APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY THE STATE OF TEXAS THE COUNTIES OF HARRIS AND BRAZORIA Exhibit "A" Resolution No. R2004-153 SECOND AMENDMENT TO ETJ AGREEMENT This SECOND AMENDMENT TO ETJ AGREEMENT Apportioning Extraterritorial Jurisdiction (this "Second Amendment") is made and entered into as the Effective Date (defined below) by and between the CITY OF HOUSTON ("Houston") and the CITY OF PEARLAND ("Pearland"), both home rule municipalities duly organized under the laws of the State of Texas. WHEREAS, Houston and Pearland are authorized to apportion their overlapping extraterritorial jurisdiction ("ETJ") by agreement pursuant to Texas Local Government Code, Section 42.901 (a); WHEREAS, pursuant to Houston Ordinance No. 73-365, Houston and Pearland entered into an ETJ agreement as described above, dated February 26, 1970 (collectively, the "ETJ Agreement"), to further apportion overlapping extraterritorial jurisdiction, and pursuant to Houston Ordinance No. 97-1480, Houston and Pearland entered into an Amendment ("Amendment") to the ETJ Agreement dated December 31, 1997 to adjust the ETJ apportioned; and WHEREAS, the city councils of Houston and Pearland have determined that it is in the best interests of both their cities to amend the ETJ Agreement as provided in this Second Amendment, subject to the terms and conditions set forth therein; NOW, THEREFORE, For and in consideration of the mutual covenants and obligation set forth in this Second Amendment, Houston and Pearland agree as follows: Section 1. Amendment to ETJ Agreement. The ETJ Agreement is hereby amended as follows: a. The legal description for Line B contained in Exhibit "A" to the ETJ Agreement as amended is replaced by the legal description attached hereto as Exhibit "A" entitled "Line B (revised)". Section 2. ETJ Agreement and Amendment effective. Except as modified by this Second Amendment, the ETJ Agreement terms and conditions remain in full force and effect. In the event of a conflict between the ETJ Agreement and the Amendment and this Second Amendment, this Second Amendment will prevail. Section 3. Effective Date. This Amendment shall become effective on the approval and execution thereof by the respective parties. EXECUTED on the dates set forth below. Mayor Bill Wl!i~ ~./~t,,~'~ ~ ~j~-~Mayor Tom Reid ~~. ~c~/,,-~~___/ /~~ ~-~-~ . CoUntrY'r, Citgo f ~ston~:)''' Date:- I,J [ D ~-! ~'----tg/--~ Date: APPROVED AS TO FORM City Attorney, City of Pearland Assistant City Attorney L.D. No. 0619800046002 J:\DEBORAH\KS\ETJ.DOC LINE B (REVISED) Beginning at a point in the present city limit line of the City of Houston as established by Ordinance 3351, passed December 31, 1956, said point being the intersection of the northeasterly line of the D. H. M. Hunter Survey, Abstract 36, and the southwesterly line of the H.T. & B. R. R. Co. Survey, Abstract 410 with southwesterly extension of the northwesterly right-of-way line of Kingspoint Road (formerly known as Watts Road); Thence in a southeasterly direction along the northeasterly line of the D. H. M. Hunter Survey, Abstract 36 and the T. J. Green Survey, Abstract 290, said line also being the southwesterly line of the H. T. & B. R. R. Company Survey. & B. R. R. Co., Abstract 410, the George McDougal Survey, Abstract 564, and the E. M. House Survey, Abstract 1075, to its intersection with the westernmost comer of a 6.9149 acres, more or less, tract formerly owned by Southgate Baptist Church, and currently owned by Douglas E. Pope; 2. Thence in a northeasterly direction along the northwesterly boundary of said tract to its northernmost comer; o Thence in a southeasterly direction along the northeasterly boundary of said tract to its easternmost comer, such point also being a point in the southeasterly line of the E. M. House Survey, Abstract 1075 and a point in the northwesterly line of the W. D. C. Hall Survey, Abstract 23 and a point in the present city limit line of the City of Pearland; Thence in a northeasterly direction along the northwesterly line of that W. D. C. Hall Survey, Abstract 23, such line also being the present city limit line of the City of Pearland, to the northernmost comer of a certain 462.5732 acre tract of land in the W. D. C. Hall Survey, Abstract 23, described as "First Tract" in that certain deed from James W. Fair, Trustee, dated July 10, 1968 as recorded in Volume 7259, Page 11, Harris County Deed Records (original Line "B" called out Volume 7529, Page 11 by mistake); o Thence in a southeasterly direction along the northeasterly boundary of said "First Tract", such line also being the present city limit line of the City of Pearland, to its easternmost comer; Thence in a southwesterly direction along the present city limit line of the City of Pearland to a point in that line located 2,000 feet northeasterly, measured at right angles, from the southeasterly extension of the southwesterly line of the E. M. House Survey, Abstract 1075; o Thence in a southeasterly direction along a line parallel to and 2,000 feet northeasterly from, measured at right angles, the southeasterly extension of the southwesterly line of that E. M. House Survey, Abstract 1075 to the most southerly east comer of Estates of Green Tee, Section One according to the plat thereof filed in Harris County Film Code No. 440065 Harris County Map Records and marking the easterly comer of Reserve "C", Amending Plat of Villa Verde, Section 2 according to the plat thereof filed in Film Code No. 537152 Harris County Map Records; Thence N 45° 07' 47" E - 310.98' with the northwest line of said Amcndlng Plat of Villa Verde, Section 2 to a point for comer being on a curve to the left having a radius of 3,000.00' and a central angle of 04° 45' 55"; 11-421-81 Villa Verde Line B MSd3.doc 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. Thence the following 3 courses with the northeasterly line of said Amending Plat of Villa Verde, Section 2; Thence with said curve an arc distance of 249.51' and a chord bearing and distance of S 42° 22' 02" E - 249.44' to a point for comer; Thence S 44° 44' 59" E - 250.00' to a point marking a point on a curve to the left having a radius of 1,160.00' and a central angle of 16° 01' 41"; Thence with said curve an arc distance of 324.50' and a chord bearing and distance of S 52° 45' 50" E - 323.45' to a point for comer markirlg the northeast comer of said Amending Plat of Villa Verde, Section 2 and the northwest comer of Villa Verde, Section 3 according to the plat thereof filed in Film Code No. 533093 Harris County Map Records and marking a point on a curve to the left having a radius of 1,160.00' and a central angle of 13° 03' 22"; Thence the following 3 courses with the northeast line of said Villa Verde, Section 3; Thence with said curve an arc distance of 264.33' and a chord bearing and distance of S 67° 18' 22" E - 263.76' to a point of reverse curve to the right having a radius of 1,000.00' and a central angle of 29° 05' 03"; Thence with said curve an arc distance of 507.61' and a chord bearing and distance of S 59° 17' 30" E - 502.18' to a point for comer; Thence S 44° 44' 59" E - 505.13' to a point for comer marking the northeast comer of Villa Verde, Section 3; Thence in a northeasterly direction along the northwesterly line of the Jenkins Subdivision to the northeasterly comer of Lot 34 of the Jenkins Subdivision; Thence in a southeasterly direction along the northeasterly boundary line of that Lot 34 and Lot 61, Jenkins Subdivision, to the southeasterly comer of Lot 61, such comer also being a point in the southeasterly line of the W. D. C. Hall Survey, Abstract 23; Thence in a northeasterly direction along the southeasterly line of said W. D. C. Hall Survey, Abstract 23, a distance of. 1,900 feet more or less, to a point for comer, said point being the northeasterly comer of the Humble Pipe Line Company 73.2 acre tract located within the Perry & Austin Survey, Abstract 55, Harris County, Texas; Thence in a southeasterly direction along the northeasterly line of the said Humble Pipe Line Company 73.2 acre tract and said line extended southeasterly to its intersection with the center line of the meanders of Clear Creek and the Harris County - Galveston County line. "This document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those fights and interests implied or established by the creation or reconfiguratio~ary of the political subdivision for which it was prepared." Compiled by: C.L. Davis & Company ~...,~'.~ ....?_...:.......~/ Job Number: 11-421,81 Villa Verde Line B M&B.doc 07-06-2004 11-421-81 Villa Verde Une B MStB.doc "~F:;~--.~_._ Exhibit A zr~ '-iZ ! ! ! ! ! ! ! ! !