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Ord. 1539 2017-06-26 ORDINANCE NO. 1539 An Ordinance of the City Council of the City of Pearland,Texas, approving the annexation by Brazoria County Municipal Utility District No. 28 of approximately 28.7092 acres of land, generally located at the intersection of Cullen Parkway and Fite Road; and the intersection of Harkey Road and Magnolia Boulevard. WHEREAS, Brazoria County Municipal Utility District No. 28 ("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. 1055 dated March 11, 2002; 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. The City Council of the City of Pearland, Texas, hereby gives its written consent to the annexation of the approximate 28.7092 acres, as more accurately described Exhibits "A" and "B" attached hereto, into the District. PASSED and APPROVED on FIRST READING this the 26th day of June, A. D., 2017. TOM REID MAYOR ATTEST: * .< UNG i- ING, , °MC .v k TY S •'ETARY ' ORDINANCE NO. 1539 PASSED and APPROVED ON SECOND AND FINAL READING this the 24th day of July, A. D., 2017. GY,-7 V.-6'7c° TOM REID MAYOR ATTEST: .� Q • Y NG Lo 'FIN,4/:___C a _ � _� Y SE' 'ETARY APPROVED AS TO FORM: Cix„--'. ig---- DARRIN M. COKER CITY ATTORNEY 2 Ordinance No. 1539 Exhibit "A" April 13, 2017 Job No. 1711-0020 DESCRIPTION OF 12.4033 ACRES PROPOSED ANNEXATION TRACT NO. 1 BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28 Being 12.4033 acres of land located In the H.T. & B.R.R. Co. Survey, Abstract 242, Brazoria County, Texas, more particularly being all of that certain called 12.4033 acre tract conveyed to R. West Development Co, Inc., by an instrument of record in File Number 2016005967 of the Official Public Records of said Brazoria County (B.C.O.P.R.), said 12.4033 acre tract being more particularly described by metes and bounds as follows, all bearings referenced to that certain called12.4033 acre tract of record in File Number 2016005967, B.C.O.P.R.; BEGINNING at the northwest corner of said 12.4033 acres, same being on the east right-of-way line of County Road 89, and the southwest corner of that certain called 10 acre tract conveyed to Domodar R. Battu, by an instrument of record in File Number 2017007938, B.C.O.P.R.; Thence, South 89° 52' 30" East, along the common line of said 10 acres and said 12.4033 acres, 1320.00 feet to a point for corner, same being the northeast corner of said 12.4033 acres and the southeast corner of said 10 acres; Thence, South, along the east line of said 12.4033 acres, 964.25 feet to a point for corner, same being the southeast corner of said 12.4033 acres, and on the north right-of-way line of Fite Road; Thence, South, 89° 58' 07" West, along the south line of said 12.4033 acres and said north right-of-way line, 165.00 feet to a point for corner, same being the southeast corner of that certain called 2.405 acre tract conveyed to RNK Innovations LLC, by instrument of record in File Number 2009049081, B.C.O.P.R.; Thence, North, departing said north right-of-way line along a westerly line of said 12.4033 acres and the east line of said 2.405 acres, 634.70 feet to a point for corner, same being an angle point on said 12.4033 acres and the northeast corner of said 2.405 acres; Page 1 of 2 I:\Proldskl\SURVEY\1711\00201LEGALS112.4033AC_Annex Tracll.doc 12.4033acres April 13, 2017 Job No 1711-0020 Thence, North 89° 52' 30" West, along a southerly line of said 12.4033 acres,1155.00 feet to a point for corner, same being on the east right-of-way line of aforementioned County Road 89 and a southwesterly corner of said 12.4033 acres; Thence, North, along the common line of said east right-of-way line, and the most westerly line of said 12.4033 acres, 330.00 feet to the POINT OF BEGINNING and containing 12.4033 acres of land. "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 rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared" r t3. LJA Engineering, Inc. ;1 W. 4797 ,21 4- / 3 - Zo/1 Page 2 of 2 I:1Proidskl\SURVEY\1711\0020\LEGAL.S112.4033AC_Annex_Tract1.doc Ordinance No. 1539 Exhibit "B" April 13, 2017 Job No. 1711-0020 DESCRIPTION OF 16.3059 ACRES PROPOSED ANNEXATION TRACT NO. 2 BRAZORIA COUNTY MUNICPAL UTILITY DISTRICT NO. 28 Being 16.3059 acres of land located in Section 16 of the H.T. & B.R.R. Co. Survey, Abstract 546, Brazoria County, Texas, more particularly being all of that certain called 16.305 acre tract conveyed to Cypress Village III, LLC, by an instrument of record in File Number 2016035160 of the Official Public Records of said Brazoria County (B.C.O.P.R.), said 16.3059 acre tract being more particularly described by metes and bounds as follows, all bearings referenced to Cypross Village Section Two, a subdivision of record in Volume 24, Page 237, B.C.P.R.; BEGINNING at the southwest corner of said 16.305, acres, same being the northwest corner of Cypress Village, Section Two, a subdivision of record in Vol. 24, Pg. 237, B.C.P.R., and on the east line of Reserve "B", of said subdivision; Thence, North 00° 00' 29" East, along the common line of the west line of said 16.305 acres and the east line of said Reserve "B", passing the northeast corner of said Reserve "B" and continuing in all 659.65 feet to the northwest corner of said 16.305 acres, same being a reentrant corner of Cypress Village Section One, a subdivision of record in Volume, 24, Page 64, B.C.P.R.; Thence, North 89° 59' 26" East, along the north line of said 16.305 acres and the south line of said Cypress Village Section One, at 1270.77 feet, pass the southeast corner of said Cypress Village Section One, and continuing in all, 1290.78 feet to the northeast corner of said 16.305 acres, same being on the west right-of-way line of Harvey Road (100 feet wide); Page 1 of 3 I:\Proldskl\SURVEY\1711\0020\LEGALS\16.3059AC Annex Tract2.doc 16.3059 acres April 13, 2017 Job No. 1711-0020 Thence, South, along the common line of said 16.305 acres and said west right-of-way line, 165.06 feet to a point for corner, same being an angle point of said 16.305 acres and the northeast corner of that certain called 2.00 acre tract conveyed to Machining Specialist, Inc., by instrument of record in File Number 1997035461, B.C.O.P.R.; Thence, West, along the common line of the north line of said 2.00 acres and said 16.305 acres, 497.86 feet to a point for corner, same being the northwest corner of said 2.00 acres, and an angle point of said 16.305 acres; Thence, South 00° 01' 28" East, along the common line of the west line of said 2.00 acres and an easterly line of said 16.305 acres, 165.10 feet to a point for corner, same being the southwest corner of said 2.00 acres; Thence, South 89° 59' 53" East, along the common line of the south line of said 2.00 acres and said 16.305 acres, 312.90 feet to a point for corner, same being an angle point of said 16.305 acres and the northwest corner of that certain called 1.359 acre tract conveyed to Jay Sigel and Cheryl Sigel, by instrument of record in File number 2013044882, B.C.O.P.R.; Thence, South 01° 55' 39" East, along the common line of an easterly line of said 16.305 acres and the west line of said 1.359 acres, 329.83 feet to a point for corner, same being the southeast corner of said 16.305 acres, the southwest corner of said 1.359 acres, and on a northerly line of aforementioned Cypress Village Section Two; Thence, South 89° 59' 51" West, along the common line of the south line of said 16.305 acres and said Cypress Village Section Two, 1117.08 feet to the POINT OF BEGINNING and containing 16.3059 acres of land. Page 2 of 3 I:\ProJdski\SURVEY\1711\0020\LEGALS\i6.3059AC AnnexTract2.doc 1 16.3059 acres April 13, 2017 Job No. 1711-0020 1 "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 i except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared" i i f i ;; : ; - . LJA Engineering, Inc. ;�.,�. 4797 'r t. 'PO f - zg- z2- 4 - / 3 - zol7 I 1 I I 1 I Page 3 of 3 I:\Projdsk 1\SURVEY\1 7 1 1 1 0020\LEGALS\16.3059AC_Annex_Tract2.doc