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Ord. 1168 06-14-04ORDINANCE NO. 1168 AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF PEARLAND, TEXAS, TO INCLUDE ALL LAND AREA WITHIN CERTAIN LIMITS AND BOUNDARIES AND ANNEXING TO THE CITY OF PEARLAND ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES (BELTWAY 8 AT SH 288); APPROVING A SERVICE PLAN FOR ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES; CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING A SAVINGS AND SEVERABILITY CLAUSE. WHEREAS, the City Council of the City of Pearland, Texas, has, following due notice and publication in accordance with the requirements of §43.052, Tex. Local Govt. Code, conducted two (2) public hearings regarding the City's intended annexation of certain territory located contiguous to the City and within the City's extraterritorial jurisdiction; and WHEREAS, public hearings were conducted before the City Council on May 3, 2004, at 6:30 p.m. and on May 17, 2004, at 6:30 p.m., at the Pearland City Hall, 3519 Liberty Drive, Pearland, Texas; and WHEREAS, the City of Pearland has, in accordance with §43.051 et seq., Tex. Local Govt. Code, complied with all procedural requirements regarding the annexation of territory, including the preparation of a plan for extension of municipal services into the area annexed to the City; and WHEREAS, the City intends to fulfill those obligations imposed upon it by state law regarding newly annexed areas, including timely provision of municipal services as required by law; and 1 ORDINANCE NO. 1168 WHEREAS, the City Council finds and determines that the annexation intended by this Ordinance is in the best interests of the City of Pearland and benefits the health, safety, and welfare of the citizens of said City; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the boundaries and limits of the City of Pearland, Texas, are hereby extended to embrace and include all of the territory described in Exhibit "A" attached hereto and made a part hereof, and such territory is hereby annexed to and made a part of the City. Section 2. The plan for extension of municipal services into the territory annexed to the City of Pearland by the provisions of this Ordinance is set forth in the City of Pearland, Texas, Service Plan for Approximately 42.5822 Acres of Land, more or less, generally located near the southwest corner of SH 288 and BW 8, west of Anagost Road (unopened), south of Riley Road (unopened) and east of Hooper Road, consisting of all or part of lots 37, 37-1/2, 43, 43-1/2, 44, 44-1/2, 53, and 54 of the Allison -Richey Gulf Coast Home Company subdivision, Section F, James Hamilton Survey, Abstract 876, Harris County, Texas attached hereto as Exhibit "B" and made a part hereof for all purposes. Such Municipal Service Plan is hereby approved. Section 3. The City Council officially finds, determines, recites and declares that sufficient written notices of the date, hour, place and subject matter of the meetings of the City Council at which this Ordinance was considered were 2 ORDINANCE NO. 1168 posted at a place convenient to the public at the City Hall of the City of Pearland for the time required by law preceding said meetings, as required by law; and that said meetings have been open to the public, as required by law, at all times during which this Ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notices and the contents and posting thereof. Section 4. Savings. All rights and remedies which have accrued in favor of the City under this Chapter and amendments thereto shall be and are preserved for the benefit of the City. Section 5. Severability. If any section or part of this Ordinance be held unconstitutional, illegal or invalid, or the application thereof ineffective or inapplicable as to any territory, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no wise affect, impair or invalidate the remaining portions, the same shall be and remain in full force and effect; and should this Ordinance for any reason be ineffective as to any part of the area hereby annexed to the City of Pearland, such ineffectiveness of this Ordinance as to any such part or parts of any such areas shall not affect the effectiveness of the Ordinance as to all of the remainder of such area, and the City Council hereby declares it to be its purpose to annex to the City of Pearland every part of the area described in Exhibit "A", attached hereto, regardless of whether any other part of such described area is hereby effectively annexed to the City. Provided, further, 3 ORDINANCE NO. 1168 that if there is included in the general description of territory set out in Exhibit "A", attached hereto, any land or area which is already a part of and included within the general limits of the City of Pearland, or which is presently part of and included in the limits of any other city, town or village, or which is not within the City of Pearland's jurisdiction to annex, the same is hereby excluded and excepted from the territory to be annexed as fully as if such excluded and excepted area was specifically described herein. PASSED and APPROVED on First Reading this the l4th day of June , A. D., 2004. ATTEST: ..====pril)))14.0 TOM REID MAYOR PASSED and APPROVED on Second and Final Reading this the 28th day of June , A. D., 2004. TOM REID MAYOR 4 ORDINANCE NO. 1168 ATTEST: N G/i I.1 G,%/. M � tYSk CRETAR APPROVED AS TO FORM: arL_ DARRIN M. COKER CITY ATTORNEY 5 Exhibit "A" Ordinance No. 1168 PUBLIC NOTICE EXHIBIT /A NOTICE OF PUBLIC HEARING ON ANNEXATION Notice is hereby given that the second of two public hearings will be held by the City Council of the City of Pearland, Texas, in the Council Chambers, City of 9Liberty annexationlve, into the city nd, Texas, at 6:30 P.M. on May 17, 2004, for the purposeconsidering limits of the following property: 42.5822 acres of land, more or less, generally located near the southwest corner of SH 288 and BW 8, west of Anagost Road (unopened), south of Riley Road (unopened) and east of Hooper Road, consisting of all or part of lots 37, 37-1/2, 38, 38-1/2, 43, 43-1/2, 44, 44-1/2, 53, and 54 of the Allison -Richey Gulf Coast Home Company subdivision, Section F, James Hamilton Survey, bstract 876, Harris County, Texas. Three tracts of land totaling 42.5822 acres described as follows: Tract 1: All of lots 53 and 54 and the south fifty feet of lots 43 1/2 and 44 1/2 of Allison -Richey Gulf Coast Home Company Subdivision, Section F James Hamilton Survey, Abstract 876, Harris County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a point in the center of Hooper Road at the southwestcorner the of ilot 53, said ofoint being south 00 degrees 10 minutes West a distance of 1650.00 feet from the center lines of Hooper and Riley Road; THENCE South 89 degrees 50 minutes 00 seconds East along the south line of said lot 53,tt 0 660 fa feet passing the east line of Hooper Road, continuing with a fence at passing southeast corner of said lot 53 (which is also the southwest corner of said lot 54), continuing along the south line of said lot 54 and with a fence at 1300 feet passing the west line of Anagnost Road, in all a distance of 1320.00 feet to the southeast corner of said lot 54; THENCE North 00 degrees 10 minutes 00 seconds East with the east line f lot 54 at 330 said lot 43 %) feet passing the northeast corner of said lot 54 (same being the south east corner oin all a distance 380 feet to a point for the northeast corner of this tract which is herein being partitioned to Benetta L. Bybee, Trustee under the will of Eldon Bybee, deceased, said corner being south 00 degrees 10 minutes 00 seconds West, 280 feet from the northeast corner of lot 431 ; THENCE North 89 degrees 50 minutes 00 seconds West parallel ato thetsoe t ofest e said odslot d 43 1/2 at 20 feet passing the west line of Anagnost Road, at passing ot 43 1/2 (same being the east line of said lot 441/l c)continue of Hoope Roadelin all a dto the �stance uth 1320.Oe of dfeet to lot 441/ at 1290.00 feet passing the fenced eas p a point for corner in the west line of said lot 44 1/2 (which is also the center line of Hooper Road), f Page 1 of 4 r • w :4iatnco- H..�atEL sMM THENCE South 00 degrees 10 minutes 00 seconds West with the center line of Hooper Road at 50 feet passing the southwest corner of said lot 44'h (same being the northwest of said lot 53) in all a distance of 380.00 feet to the place of beginning containing 11.079 acres of land exclusive of that part which lies within the boundaries of Hooper and Anagnost Roads. (11.5152 acres inclusive of that part which lies within the boundaries of Hooper and Anagnost Roads.) The land hereby set aside to Benetta L. Bybee Trustee under the will of Eldon Bybee is subject to two road easements as follows: 1) A strip 30 feet wide off of the west end of said land is within the boundaries of Hooper Road (60 foot wide Road) 2) A strip 20 feet wide off of the east end of said land is within the boundaries of Anagnost Road (a 4 foot wide road) SAVE AND EXCEPT A 11,400 square foot tract of land lying within the boundaries of Hooper Road (60' R.O.W.), also being a portion of lot 44 V2 and lot 53 of Allison Richey Gulf Coast Home Company Subdivision, Section "F' James Hamilton Survey, Abstract 876, Harris County, Texas and being more particularly described by metes and bounds as follows: Beginning at a point in the center of Hooper Road at the southwest corner of lot 53; Thence N 00° 10' 00" E, along the centerline of Hooper Road, also being the west line of lot 53, passing the northwest corner of lot 53 and the southwest corner of lot 44 Y2 at 330.00 feet, a total distance of 380.00 feet to a point for corner; Thence S 89° 45' 32" E, a distance of 30.00 feet to a point for corner on the east right-of-way line of Hooper Road; Thence S 00° 10' 00" W, along the east right-of-way line of Hooper Road, passing the south_line of lot 441/2 and the north line of lot 53 at 50.00 feet, a total distance of 380.00 feet to a point for corner on the south line of lot 53; Thence N 89° 45' 32" W, along the south line of lot 53, a distance of 30.00 feet to the point of beginning and containing 11,400 square feet (.2617 acres) of land more or less. The net area of Tract 1 therefore being 11.2534 acres. Tract 2: All that certain 11.0586 acres (481,710 square feet) of land out of the Allison -Richey Gulf Coast Company Subdivision Section "F', in the James Hamilton Survey A-876, Harris County, Texas and being more particularly described in metes and bounds as follows: Page 2 of 4 COMMENCING at the northwest corner of that certain called 47.5234 acres of land described in a deed dated 7-12-1973 from E. T. Russell, Trustee to John Clinton Bybee, Jr. et al, filed in the official public records of real property of Harris County, Texas at Clerk File No. D-922889, Film Code No. 164-30-1596, from which a fence post bears South 46 degrees 54 minutes East, 0.9 feet; THENCE South 00 degrees 10 minutes 00 second West 865.95 feet, along the east right of way line of Hooper Road (60 feet wide) to a found'/z inch iron rod marking a point of beginning of the herein descried tract; THENCE South 89 degrees 45 minutes 32 seconds East 1270.07 feet to a set 5/8 inch iron rod for corner; THENCE South 00 degrees 10 minutes 00 seconds West 379.28 feet along the west right-of- way line of Anagnost Road (40 feet wide) (not open), to a set 5/8 inch iron rod for corner; THENCE North 89 degrees 45 minutes 32 seconds West 1270.06 feet to a set ' inch iron rod for corner; THENCE North 00 degrees 10 minutes 00 seconds East 379.28 feet along the east right-of-way line of said Hooper Road, to the point of beginning and containing 481,710 square feet (11.0586 acres) of land more or less. Tract 3: All that certain 882,971 square feet of land out of the Allison -Richey Gulf Coast Home Company Subdivision, Section "F', in the James Hamilton Survey A-876, Harris County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at the northwest corner of that certain called 47.5234 acres of land described as "Tract No. 2" in a deed dated 7-12- 1973 from E.T. Russell, Trustee of to John Clinton Bybee, Jr. et al, filed in the official public records of real property of Harris County, Texas at Clerk File No. D-922889, Film Code No. 164-30-1596, from which a fence post bears South 46 degrees 54 minutes East, 0.9 feet; THENCE South 89 degrees 39 minutes 23 seconds East a distance of 1270.10 feet along the south right-of-way line of Riley Road (40 feet wide) (not open), to a 5/8 inch iron rod set marking the northeast corner of said called 47.5234 acre tract (as occupied), for corner; THENCE South 00 degrees 10 minutes 00 seconds West a distance of 871.07 feet along the west right-of-way line of Anagnost Road (40 feet wide) (not open), to a set 5/8 inch iron rod for corner; Page 3 of 4 THENCE North 89 degrees 45 minutes 32 seconds West with the north line of a 11.0585 acre tract a distance of 640.07 feet to a found 1h inch iron rod for corner; THENCE North 00 degrees 10 minutes 00 seconds East with the east line of a 5.0530 acre tract of land formerly sold by Mary Elizabeth Bybee Brown to the Stone Company of Houston, Inc. a distance of 349.38 feet to a point for corner from which a found 1/2 inch iron rod bears North 64 degrees 44 minutes East, 0.7 feet; THENCE North 89 degrees 45 minutes 32 seconds West with the north line of the said tract sold to the Stone Company of Houston, Inc. a distance of 630.0 feet to a point for corner, from which a fence post bears North 46 degrees 39 minutes East, 1.3 feet; THENCE North 00 degrees 10 minutes 00 seconds East a distance of 516.57 feet along the east right-of-way line of Hooper Road (60 feet wide), to the point of beginning and containing 882,971 square feet (20.2702 acres) of land more or less. Page 4 of 4 Exhibit "B" Ordinance No. 1168 CITY OF PEARLAND, TEXAS SERVICE PLAN FOR 42.5822 ACRES OF LAND, MORE OR LESS, CONSISTING OF ALL OR PART OF LOTS 37, 37-1/2, 38, 38-1/2, 43, 43-1/2, 44, 44-1/2, 53, AND 54 OF THE ALLISON-RICHEY GULF COAST HOME COMPANY SUBDIVISION, SECTION F, JAMES HAMILTON SURVEY, ABSTRACT 876, HARRIS COUNTY, TEXAS. Generally located near the southwest corner of SH 288 and BW 8, west of Anagost Road (unopened), south of Riley Road (unopened) and east of Hooper Road in the Allison -Richey Gulf Coast Home Company Subdivision, Section F, James Hamilton Survey, Abstract 876, Harris County, Texas. I. INTRODUCTION. This Service Plan ("Plan") is made by the City of Pearland, Texas ("City") pursuant to Chapter 43 of the Local Government Code ("the Act"). This Plan relates to the annexation by the City, by petition of the owner, of land located adjacent to the city limits and encompassing approximately 42.5822 acres in Harris County Texas. The Tract is described by metes and bounds in three separate Tracts (Tract 1, Tract 2, and Tract 3) in "Exhibit A-1," and by map in "Exhibit A-2" which are attached to this Plan and to the annexation ordinance of which this Plan is a part. II. TERM: EFFECTIVE DATE. This Plan will be in effect for a term of ten years commencing on the effective date of the annexation of the Tract. Renewal of this Plan will be at the option of the City. Such option may be exercised by the adoption of an ordinance by the City Council which refers to this Plan and specifically renews this Plan for a stated period of time. III. SERVICE PROGRAMS. A. In General. This Plan includes two service programs: (I) the Early Action Program, described below, and (II) a Capital Improvement Program described below. B. Scope and Quality of Services. This Plan will provide a level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance currently provided and available in other parts of the municipality with topography, land use, and population density similar to the Tract. However, it is not the intent of this Plan to require that a uniform level of services be provided to all areas of the City (including the Tract) where differing characteristics of topography, land utilization and population density are considered as sufficient basis for providing differing service levels. C. Definitions. 1 1. As used in this Plan, "providing services" includes having services provided by any method or means by which the City extends municipal services to any other area of the City. This may include causing or allowing private utilities, governmental entities and other public service organizations to provide such services, in whole or part. 2. As used in this Plan, the phrase "Standard Policies and Procedures" means those policies and procedures of the City applicable to a particular service which are in effect either at the time that the service is requested or at the time that the service is made available or provided. The policies and procedures may require that a specific type of request be made, such as an application or a petition. They may require that fees or charges be paid, and they may include eligibility requirements and similar provisions. D. Early Action Program. 1. Statutory Services. The statutory services will be provided within the Tract within the period that meets or exceeds that required by State law. The following services will be provided in accordance with Standard Policies and Procedures immediately upon the effective date of the annexation: a. Police Protection: The Police Department of the City will provide protection and law enforcement in the Tract. These activities will include normal patrols and responses, the handling of complaints and incident reports, and, as appropriate, support by special units of the Department. b. Fire Protection: The Pearland Volunteer Fire Department (VFD) of the City of Pearland will continue serve the area in cooperation with other fire departments in the area according to mutually agreed to procedures. c. Emergency Medical Service: The Pearland Emergency Medical Service (EMS) will continue to provide.emergency medical service to the Tract under a contract with the City. d. Solid Waste Collection: Service will be provided to eligible property by private contractor, under contract with the City. To be eligible for City solid waste collection service, property must have frontage on a public street or other approved location and place solid waste in containers approved for the specific type of occupancy. Any person currently being serviced by a privately owned solid waste management service provider may continue to use that service for two years after the effective date of the annexation. e. Operation and Maintenance of Water and Wastewater Facilities: Existing public water and wastewater facilities, if any, will be operated and maintained by the City or by private contractor under contract to the City. f. Operation and Maintenance of Road and Streets (including lighting): Existing public roads and streets, including lighting and traffic control devices, if any, will be operated and maintained by the City, subject to the jurisdiction of other governmental entities. State highways and farm -to -market roads remain the primary responsibility of the Texas Department of Transportation, for instance. Existing roadside drainage ditches not maintained under the jurisdiction of another entity will be operated and maintained by the City. g. Operation and Maintenance of Parks, Playgrounds and Swimming Pools: Existing public parks, playgrounds, and swimming pools, if any, will be operated and maintained by the City. Facilities owned and operated by homeowner's associations (HOAs) will continue to be owned and operated by the respective HOAs. h. Operation and Maintenance of Any Other Publicly -Owned Facility, Building or Service. Existing publicly owned or operated facilities, buildings, or services, if any, will be operated and maintained by the City or by private contractor under contract to the City. 2. Additional Services. Certain services, in addition to the statutory services, will be provided in accordance with Standard Policies and Procedures within the Tract to the same extent they are provided to similar territories elsewhere in the City. These are as follows: a. Library Service will be provided from existing facilities and future facilities outside the Tract. Residents of the Tract will be eligible for borrowing privileges at City/County libraries on the same basis as current residents. b. Health Services will be provided by the City Health Department to area residents and businesses. Health services include City inspection of restaurants and groceries and Animal Control. c. Code Enforcement personnel will enforce the City's housing code and ordinances against junk motor vehicles, high weeds, unsafe buildings, and illegal dumping of refuse. d. Other City services, to the extent applicable to persons or properties within the Tract, in accordance with standard policies and procedures will be provided. E. Capital Improvement Program. As necessary, the City will initiate the construction of certain capital improvements necessary for providing municipal services for the Tract. Those improvements which are necessary are indicated below. Access to the improvements will be in accordance with Standard Policies and Procedures. The improvements shall be completed as soon as reasonably possible and shall be substantially completed within the time period indicated below. 1. Police Protection: Additional capital improvements are not necessary at this time • to provide police protection. The Tract will be included with other territory in connection with planning for new, revised, or expanded public safety facilities. 2. Fire Protection: Additional capital improvements are not necessary at this time to provide fire protection. The Tract will be included with ' other territory in connection with planning for new, revised, or expanded public safety facilities. 3. Emergency Medical Service: Additional capital improvements are not necessary at this time to provide .emergency medical service. The Tract will be included with other territory in connection with planning for new, revised, or expanded public safety facilities. 4. Soli1 Waste Collection: No capital improvements are necessary at this time to provide solid waste collection services within the Tract. The Tract will be included with other territory in connection with planning for new revised or expanded solid waste facilities. 5. Water and Wastewater Facilities: Extension of municipal water and sewer facilities along the proposed Kirby Drive from Clear Creek to BW 8 will provide water and wastewater service to the Tract within 4-1/2 years from the effective date of annexation. After the effective date of annexation, the cost of future connections to available water and sewer lines will be the responsibility of the Tract owners, as it is within the existing City utility system following standard policies and procedures. After the effective date of annexation, capital recovery charges or impact fees also will be assessed at the time of future connections to the City's utility system or upon issuance of building permits for lots developed within the Tract. The City will make wastewater treatment capacity in existing or future wastewater treatment plants built and operated by the City available for the Tract. The City will make potable water supply from existing or future sources built and operated by the City available to the Tract. The City currently operates its own 4 ground water wells and purchases wholesale surface water via contract from third parties. 6. Roads and Streets (including lighting): Existing access to the Tract is adequate, however, additional access to the Tract will be provided by the proposed extension of Kirby Drive from Clear Creek to BW 8 within 4-1/2 years from the effective date of annexation. Future extensions or widening of roads or streets and future installation of related facilities, such as traffic control devices or street lights will be undertaken in accordance with Standard Policies and Procedures. The Tract will be included with other territory in connection with planning for new, revised, widened, or enlarged roads, streets, or related facilities. 7. Parks, Playgrounds, and Swimming Pools: Additional capital improvements are not necessary at this time to provide such services to the Tract. The Tract will be included with other territory in connection with planning for such facilities. 8. Other Publicly -Owned Facilities, Buildings or Services: All other City functions and services, and the additional services described above, can be provided for the Tract by using existing capital improvements. Additional capital improvements are not necessary to provide City services, but the Tract will be included with other territory in connection with planning for new, revised, or expanded facilities, buildings or services. IV. AMENDMENT: GOVERNING LAW. This Plan may not be amended or repealed except as provided by the Act or other controlling law. Neither changes in the methods nor means of implementing any part of the service programs nor changes in the responsibilities of the various departments of the City will constitute amendments to this Plan and the City reserves the right to make such changes. This Plan is subject to and will be interpreted when in accordance with the Act, the Constitution and laws of the federal governments of the United States of America and the State of Texas, and the orders, rules and regulations of governmental bodies and officers having jurisdiction. V. FORCE MAJEURE. Should a force majeure interrupt the service described herein, the City will resume services under this Plan within a reasonable time after the cessation of the force majeure. "Force Majeure," for the purpose of this Plan will include, but not be limited to, acts of God, acts of the public enemy, war blockades, insurrection, riots, epidemics, landslides, lightning, earthquakes, fire, storms, floods, washouts, droughts, tornadoes, hurricanes, arrests and restraints of government, explosions, collisions and other inability of the City, whether similar to those enumerated or otherwise, which is not within the control of the City. VI. ENTIRE PLAN. 1 4 5 • • This document contains the entire and integrated Service Plan relating to the Tract, and supersedes all other negotiations, representations, plans and agreements, whether written or oral. 6 AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, Randy Emmons, hereby certify that the notice hereby appended was published in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris & Galveston Counties, for / issues, as follows: No. / Date 17 - Z/ 20 No. Date 20 No. Date 20 No Date 20 • No. Date 20 Subscribe and sworn to before me this 22 day of a/4-(27 20OY LAURA ANN EMMONS } . Notary public, State ,.* Tres Commission ExP of .20 09-09-2006 Laura Ann Emmons, Publisher Notary Public, State of Texas A1UNtX PUE_IC NOTICE NOTICE OF PUBLIC HEARING ON ANNEXATION Notice Is hereby given that the first of two public hear- ings will be held by the City Council of the City of Pearland, Texas, in the Council Chambers, City Hall, 3519 Liberty Drive, Pearland, Texas, at 6:30 P.M. on May 3, 2004, for the purpose of considering annexation into the city lim- its of the following property: 42.5822 acres of land, more or less, generally located near the southwest corner of SH 288 and BW 8, west of Anagost Road (unopened), south of Riley Road (unopened) and east of Hooper Road, consisting of all or part of lots 37, 37- 1/2, 38, 38-1/2, 43, 43-1/2, 44, 44-1/2, 53, and 54 of the Afton -Richey Gulf Coast me Company subdivi- sion, Section F, James Hamilton Survey; Abstract 876, Harris County, Texas. Three tracts of land totaling 42.5822 acres described as follows: Tract 1: All of lots 53 and 54 and the• south fifty feet of lots 431/2 and 44 1/2 of Allison -Richey Gulf Coast Home Company Subdivision, Section F James Hamilton Survey, Abstract 876, Harris County, Texas, and being more par- ticularly described by metes and bounds as follows: BEGINNING at a point in the center of Hooper Road at the southwest corner of lot 53, said point being south 00 degrees 10 min- utes West a distance of 1650.00 feet from the inter- section of the center lines of Hooper and Riley Road THENCE South 89 degrees 50 minutes 00 seconds East along the south lineof said lot 53, at 30 feet pass- ing the east line of Hooper Road, continuing with a fence at 660 feet passing the southeast corner of said lot 53 (which is also the southwest corner of said lot 54), continuing along the south line of said lot 54 and with a fence at 1300 feet passing the west line of Anagnost Road, in all a dis- tance of 1320.00 feet to the southeast comer of said lot 54; THENCE North 00 degrees 1+0 minutes-00'seconds East with the east line of lot 54 at 330 feet passing the northeast corher of said lot 64 (same being the south east corner of said lot 43 1/2) in all a distance 380 feet to a point for the north- east corner of this tract which is herein being parti- tioned to Benetta L. Bybee, Trustee under the will of Eldon Bybee, deceased, said corner being south 00 degrees 10 minutes 00 seconds West, 280 feet from the northeast corner of lot 43 1/2; THENCE North 89 degrees 50 minutes 00 seconds West parallel to the south line of said lot 431/2 at 20 feet passing the west line of Anagnost Road, at 660 feet passing the west line of said lot 43 1/2 (same being the east line of said lot 44 1/2 ) continuing parallel to the south line of said lot 44 1/2 at 1290.00 feet passing the fenced east line of Hooper Road, in all a distance 1320.0 feet to a point for corner in the west line of said lot 44 1/2 (which is also the center line of Hooper Road); THENCE South 00 degrees 10 minutes 00 seconds West with the center line of Hooper Road at 50 feet passing the southwest cor- ner of said lot 44 1/2 (same being the northwest of said lot 53) in all a distance of. 380.00 feet to the place of beginning containing 11.079 acres of land exclusive of that part which lies within the boundaries of Hooper and Anegnost Roads. (11.5152 acres inclusive of that part which lies within the boundaries of ;Hooper and Anagnost Roads.) The land hereby set aside to Benetta L. Bybee Trustee under the will of Eldon Bybee is subject to two road easements as follows: 1) A strip 30 feet wide off of the west end of said land is within the boundaries of Hooper Road (60 foot wide Road) 2) A strip 20 feet wide off of the east end of said land is within the boundaries of Anagnost Road (a 4 foot wide road) SAVE AND EXCEPT A 11,400 square foot tract of land lying within the boundaries of Hooper Road (60' R.O.W.), also being a portion of lot 44 1/2 and lot 53 of Allison Richey Gulf Coast Home Company Subdivision, Section "F" James Hamilton Survey, Abstract 876, Harris County, Texas and being more par- ticularly described by metes and bounds as follows: Beginning at a point in the center of,Hooper Road at the southwest corner of lot 53; Thence N 001/2 10' 00" E, along the centerline of Hooper Road, also being the west line of lot 53, pass- ing the northwest comer of lot 53 and -the southwest corner of lot 44 1/2 at 330.00 feet, a total distance of 380.00 feet to a pant for comer, Thence S 891/2 45' 32" E, a distance of 30.00 feet to a point for corner on the east right-of-way line of Hooper '.Road; Thence S 001/2.10'`00" W along the east right-of-way lir* of Hooper Road, pass- ing the south line of lot 44 1/2 and the north line of lot 53 at 50.00 feet, a total dis- tance of 380.00 feet to a point for comer on the south me of lot 53; Thence N 891/2 45' 32" W, along the south line of lot 53, a distance of 30.00 feet to the point of beginning and containing 11,400 square feet (.2617 acres) of land more or less. The net area of Tract 1 therefore being 11.2534 acres. Tract 2: All that certain -11.0586 acres (481,710 square feet) of land out of the Allison -Richey Gulf Coast Company Subdivision Section "F", in the James Hamilton Survey A-876, Harris County, Texas and being more .particularly described in metes and bounds as follows: COMMENCING ` at the nortliwest corner of that cer- tain called 47.5234 acres of land described in a deed dated 7-12.1973 from E. T. Russell, Trustee to John Clinton Bybee, Jr. et al, filed in the official public records of real propertyof Harris County, Texas at Clerk File No. D-922889, Film Code No. 164.30.1596, from , which a fence post bears South 46 degrees 54 min- utes East, 0.9 feet; THENCE South 00 degrees 10 minutes 00 second West 865.95 feet, along the east right of way line of Hooper Road (60 feet wide) to a found 1/2 inch iron rod marking a point of beginning of the herein descried tract; THENCE South 89 degrees 45 minutes, 32 seconds East 1270.07 feet to a set 543 inch iron rod for comer; THENCE South 00 degrees 10. minutes 00 seconds West 37928 feet along the= west right-of-way line of; Anagnost Road (40 feet wide) (not open), to a set 5/8 inch iron rod for comer; THENCE North 89 degrees 45 minutes 32 seconds West 1270.06 feet to a set. 1/2 inch iron rod for comer, THENCE North 00 degrees 10 minutes 00 seconds East 379.28 feet along the east right-of-way line of said Hooper Road, to the point of beginning and containing 481,710 square feet (11.0586 acres) of land more or less. Tract 3: All that certain 882,971 square feet of land out of the Allison -Richey Gulf Coast Home Company Subdivision, Section "F", in the James Hamilton Survey A-876, Harris County, Texas and being more par- ticularly described by metes and bounds as follows: BEGINNING at the north- west corner of that certain called 47.5234 acres of land described as "Tract No. 2" in a deed dated 7-12- 1973 from E.T. Russell, Trustee of to John Clinton Bybee, Jr. et al, filed in the official pub- lic records of real property of Harris County, Texas at Clerk File No 0.922889, Film Code No. 164-30- 1596, from which a fence post bears South 46 degrees 54 minutes East, 0.9 feet; THENCE South 89 degrees 39 minutes 23 seconds East, a distance of 1270.10 feet along the south right-of- way line of Riley Road (40 feet wide) (not open), to a 5/8 inch iron rod set mark- ing the northeast corner of said called 47.5234 acre tract (as occupied), for cor- ner, THENCE South 00 degrees 10 minutes 00 seconds West a distance of 871.07 feet along the west right-of- way line of Anagnost Road (40 feet wide) (not open), to a set 5/8inch iron rod for comer; THENCE North 89 degrees 45 minutes 32 seconds West with the north line of a 11.0585 acre tract a dis- tance of 640,07 feet to a found 1/2 inch iron rod for THENCE North 00 degrees 10 minutes 00 seconds East with the east line of a 5.0530 acre tract of land for- merly sold by Mary Elizabeth Bybee Brown to 4�Sjorne,$Company of l4oust � _Inc `a distapce of 349.38 feet to a point for corner from which a found 1/2 inch iron rod bears North 64 degrees. 44 min- utes East, 0.7 feet; THENCE North 89 degrees 45 minutes 32 seconds West with the north line of the said tract sold to the Stone Company of Houston, Inc, a distance of 630.0 feet to; a point for corner, from which a fence post bears North 46 degrees 39:min- utes East,1.31set; THENCE North 00 degrees 10 minutes 00 seconds East a distance of 516.57 feet along the east right-of- way line of Hooper Road (60 feet wide), to the point of beginning and containing 882,971 square feet (20.2702 acres) of land more or less. At said hearing all interest- ed parties shall have the right and opportunity to appear and be heard on the subject. Young Lorfing, TRMC City Secretary This site is accessible to disabled individuals. For special assistance, please call Young Lorfing at 281.652.1655, prior to the meeting so that appropriate arrangements can be made. AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, Randy Emmons, hereby certify that the notice hereby appended was published in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris & Galveston Counties, for / issues, as follows: No. 1 Date .S 20124_ 4 No. Date 20 No Date 20 No Date 20 No. Date 20 Subscribe and sworn to before me this 20 011 LAURA ANN EMMONS • '� Notary public, State of Texas Commission Expires 09-09-2006 • ............................. day of Laura Ann Emmons, Publisher Notary Public, State of Texas Published May 5, 2004 PUBLIC NOTICE NOTICE OF PUBLIC HEARING ON ANNEXATION Notice is hereby given that the second of two public hearings will be held by the City Council of the City of Pearland,' Texas, in the Council Chambers, City Hall, 3519 Liberty Drive, Pearland, Texas, at 6:30 P.M. on May 17, 2004, for the purpose of considering annexation into the city lim- its of the following property: 42.5822 acres of land, more or less, generally located near the southwest corner of SH 288 and BW 8, west of Anagost Road (unopened), south of Riley Road (unopened) and east of Hooper Road, consisting of all or part of lots 37, 37- 1/2, 38, 38-1/2, 43, 43-1/2, 44, 44-1/2, 53, and 54 of the Allison -Richey Gulf Coast Rome Company subdivi- sion, Section F, 'James Hamilton' Survey, Abstract 876, Harris County, Texas. Three tracts of land totaling 42.5822 acres described as follows: Tract 1: An of lots 53 and 54 and the south fifty feet of lots 431/2 and 44 1/2 of Allison -Richey Gulf Coast Home? ''Company Subdivision, Section F James Hamilton Survey, Abstract 876, Harris County, Texas, and being more par- ticularly described by metes and bounds as follows: BEGINNING at a point in the center of Hooper Road at the southwest corner of lot 53, said point being south 00 degrees -10 min- utes West a distance of 1650.00 feet from the inter- section of the center lines of Hooper and Riley Road; THENCE South 89 degrees 50 minutes 00 seconds. East along the south line of said lot 53, at 30 feet pass- ing the east line of Hooper Road, continuing with a fence e`at 660 feet passing the southeast comer of said lot 53 (which is also the southwest comer of said lot 54), continuing along the south line of said lot 54 and with a fence at 1300 feet passing the west line -of Anagnost Road, in all a dis- tance of 1320.00 feet to the southeast comer of said lot 54; THENCE North 00 degrees 10 minutes 00 seconds East with the east line of lot 54 at 330 feet passing the northeast corner of said lot 54 (same being the south east corner of said lot 43 1/2) in all a distance 380 feet to a point for the north- east corner of this tract , which is herein being parti- tioned to Benetta L. Bybee, Trustee under the will of Eldon Bybee, deceased, ner of said lot 44 1/2 (same being the northwest of said lot 53) in all a _ distance of 380.00 feet to the place of beginning containing 11.079 acres of land exclusive of that part which lies within the boundaries of Hooper and Anagnost, Roads. (11.5152 acres inclusive of that part which lies within the boundaries of Hooper and Anagnost Roads.) The land hereby set aside to Benetta L Bybee Trustee under the will of Eldon Bybee is subject to two road easements as follows: 1) A strip 30 feet wide off of the west end of said land is within the boundaries of Hooper Road (60 foot wide Road) 2) A strip 20 feet wide off of the east end of said landis within the boundaries of Anagnost Road (a 4 foot wide road) SAVE AND EXCEPT • said corner being south 00 A 11,400 square foot tract degrees 10 minutes 00 of land tying within the seconds West, 280 feet boundaries of Hooper Road from the northeast corner of (60' R.O.W,), also being a lot 43 1/2; ;portion of lot 44 1/2 and lot 53:of Allison Richey Gulf THENCE North 89 degrees Coast Home Company 50 minutes 00; seconds Subdivision, Section "F" West parallel to the south James Marathon Survey, line of said lot 431/2 at 20 Abstract 876 'Harris County, feet passing the west line of Texas and being mote pat.; Anagnost Road, at 660 feet ticularly;described;J metes passing the west line of said andbounds as follows: lot 43 1/2 (same being the east line of said lot 44 1/2) `Bet inning'.et,a point in the continuing parallel to the center of Hooper Road at south line of said lot 44 1/2 the southwest corner of lot at 1290.00 feet passing the 53; fenced east line of Hooper Road, in all a distance Thence N 001/2 10' 00" E, 1320.0 feet to a point for along the centerline of corner in the west line of Hooper Road, also being said lot 44 1/2 (which is also the west line of lot 53, pass - the center line of Hooper ing the northwest corn(' of Road); lot 53 and the southwest corner of lot 44 1/2. at THENCE South 00 degrees 330.00 feet, a total distance 10 minutes 00 seconds of 380.00feet to a point for West with the center line of comer; Hooper Road at 50 feet pa tint the wadlawest cor- Thence S 891/2 45' 32" E, a distance of 3,0.0Qieet to.a Thence S 001/2 10' 00" W, along the east right-of-way line of Hooper Road, pass- ing the south line of lot 44 1/2 and the north line of lot 53 at 50.00 feet, a total dis- tance of 380.00 feet to a point for comer on the south line of lot 53; Thence N 891/2 45' 32" W, along the south line of lot 53, a distance of 30.00 feet to the point of beginning and containing 11,400 square feet (.2617 acres) of land more or less. The net area of Tract 1 therefore being 11.2534 acres. Tract 2: All that certain 11.0586 acres (481,710 square feet) of land out of the Allison -Richey Gulf Coast Company Subdivision Section "F", in the James Hamilton Survey A-876, Harris County, Texas and being more particularly described in metes and bounds as follows: COMMENCING at the northwest corner of that cer- tain called 47.5234 acres of land described in a deed dated 7-121973 from E. T. Russell, Trustee to John Clinton Bybee, Jr. et al, filed in the official public records of real property of Harris County, Texas at Clerk File No. D-922889, Film Code No. 164-30-1596, from which a, fence post bears South 46 degrees 54 min- utes East, 0.9 feet.' • THENCE South N degrees 10 minutes 00 second West 865.95 feet, along the east right of way line of Hooper Road (60 feet wide) to a found 1/2 inch iron rod marking a point of beginning of the herein descried tract; THENCE South 89 degrees 45 minutes 32 seconds East 1270.07 feet to a set 5/8 inch iron rod for corner; THENCE South 00 degrees 10 minutes 00 seconds West 379.28 feet along the west right-of-way line of. Anagnost R.oad..(40 feet wide} (r+ot open), to a set 5/8 inch iron rod for comer; THENCE North 89 degrees 45 minutes :32 Seconds West 1270.06 feet to a set 1/2 inch iron rod for corner; THENCE North 00 degrees 10 minutes 00 seconds East 379.28 feet along the east right-of-way line of said Hooper Road, to the point of beginning and containing 481,710 square feet (11.0586 acres). of land more or less.; Tract 3: All that certain 882,971 square feet of land out of the Allison -Richey Gulf Coast Home Company Subdivision, Section "F", in the James Hamilton Survey A-876, Harris County, Texas and being more par- ticularly described by metes and bounds as follows; BEGINNING at the north- west corner of that certain called 47.5234 acres of land described as "Tract No. 2" in a deed dated`7.12. 1973 from E.T.: Russell, Trustee of to John Clinton Bybee, Jr. gal; filed in`the official pub - NC records of real property of Harris County, Texas at Clerk File No, D-922889,. Film Code No. 164.30- 1596, from which a fence post bears South 46 degrees 54 minutes East, 0.9 feet; THENCE South 89 degrees 39 minutes 23 seconds East a distance of 1270.10 feet along the south right-of- way line of Riley Road (40 feet wide) (not open), to a 5/8 inch iron rod set mark- ing the northeast corner of said called 47.5234 acre tract (as occupied), for cor- ner; THENCE South 00 degrees 10 minutes 00 seconds West a distance of 871.07 feet along the west right-of- way line of Anagnost Road (40 feet wide) (not open), to a set 5/8 inch iron rod for corner; THENCE North 89 degrees 45 minutes 32 seconds West with the north line of a 11.0585 acre tract a dis- tance of 640.07 feet. to a found 1/2 inch iron rod for corner; THENCE°North 00 dew 10 minutes'.00 seconds East with the east line of a 5.0530 acre tract of land for- merly sold by Mary Elizabeth Bybee Brown to the Stone Company'of Houston, Inc:; a distance of 349.38' feet'to a point for corner from which a found 1/2 inch Iron rod bears North 64 degrees 44 min- utes East, 0.7feet; THENCE North 89 degrees 45 minutes 32 seconds West with the north line of the said tract sold to the Stone Company of Houston, Inc. a distance of 630.0 feet to''a point for corner, from which a fence post bears North 46 degrees 39 min- utes East, 1.3 feet; THENCE North 00 degrees. 10 minutes 00 seconds East a distance of 516.57 feet along the east, right-of- way line of Hooper Road (60 feet wide), to the point of beginning and containing 882,971 square feet (20.2702 acres) of land more or less. At said hearing all interest- ed parties shall have the right and opportunity to appear and be heard on the subject. Young Lorfing, TRMC City Secretary This, site is accessible to disabled individuals. For special assistance,please call Young Lorfing at 281.652.1655, prior to the meeting so that appropriate arrangements can be made. COMPTROLLER OF PUBLIC ACCOUNTS P.O. BOX 13528 AUSTIN, TX 78711-3528 March 29, 2006 Mr. Young Lorfing City Secretary City of Pearland 3519 Liberty Drive Pearland, Texas 77581-5416 Dear Mr. Lorfing: We have received annexation ordinance no be annexed into the City of Pearland. 1 `8iand 1214 and the maps indicating the areas to 0 Our office needs additional time to implement the local sales and use tax in the annexed area. Therefore, the effective date to begin collection of this tax will be July 1, 2006. If you have any questions or need more information, please call me toll free at 1-800-531-5441, extension 50274. My direct number is 512/475-0274. Sincerely, u Veronica P. Harycki Revenue Accounting Division Tax Allocation Section COMPTROLLER OF PUBLIC ACCOUNTS P.O. BOX 13528 AUSTIN, TX 78711-3528 June 15, 2006 Mr. Young Lorfing City Secretary City of Pearland Pearland, Texas 77581-5416 Dear Mr. Lorfmg: itJUN 2, 0 2006 On May 28, 2006-Our office received annexation ordinance nos. 1168 and 1214 and the maps - indicating areas being annexed into the City of Pearland. At that time we were informed by the City Attorney's Office that both areas were vacant land. We then set the effective date for July 1, 2006. On June 13, 2006 we received a call from a business located in the area annexed in ordinance 1214 stating that they had received notification from the city that their business location at 322 Riley Road had been annexed. Per our conversation June 13, 2006 we determined that this business is in fact in the annexed area. A field assignment has been issued to our Houston Northwest Field Office instructing them to canvass both areas in search of other businesses and inform them they should begin collecting Pearland's 1.5% City Sales and Use Tax effective October 1, 2006. If you have any questions or need more information, please call me toll free at 1-800-531-5441, • extension 50274. The regular number is 512/475-0274. incerely, Veronica P. Harycki Revenue Accounting Division Tax Allocation Section COMPTROLLER OF PUBLIC ACCOUNTS P.O. BOX 13528 AUSTIN, TX 78711-3528 May 3, 2006 Young Lorfing City Secretary City of Pearland 3519 Liberty Drive Pearland, Texas 77581-5416 Dear Mr. Lorfing: We have received annexation ordinance nos annexed into the City of Pearland. 1° \I4 it tin :�:; r I ' \�; i� jj MAY - 8 2006 1214 and the maps indicating the areas to be The local sales and use tax will become effective July 1, 2006 in the area indicated on the map. Per my conversation with Darrin Coker, City Attorney, the area being annexed was identified as vacant land. Therefore, we assume this area has no businesses to be annexed at this time. We have confirmed the following utility companies as servicing the newly annexed area. RELIANT ENERGY RETAIL SERVICES LLC CENTERPOINT ENERGY RESOURCES CORP TEXAS CABLE PARTNERS LP If any of this information is incorrect or you have any questions, please contact me right away. You can contact me toll free at 1-800-531-5441, extension 64317 or my direct number,is 512/936-4317 Mark KasPar Revenue Accounting Division Tax Allocation Section RPR-28-2006(FRI) 08:al DALLRS EXTERNAL AFF (FRX)21a 464 3622 P.001/001 a et" 6 • Cc:-Douc K CITY OF P : liog si�a AT&T Tcxas 5 J 2) D CITY `= . C TAR i Sict titi i taii>:Ctor Thi AT&T Plan Municipal Rclations Room 1100 2006 APR 28 AM 9: 46 TX 214-4644521 Phone 214-464.4051 KO.W. 2I4-464-3622 Fax tg1247@ntt.com April 28, 2006 Md. Young Lorfing City of Pearland 3519 Liberty Dr. Pearland, TX 77581-5416 Fax: 281-652-1719 Re: Annexation##: 1151; 1 ;169, 1170, 1213, 1214 & 1227 Dear Mg: Lorfing: Southwestern Bell Telephone L.P. d/b/a AT&T Texas has received the above annexations from the city of Pearland, however I do not have all of the required documents needed to begin processing. To complete these annexations AT&T Texas requires the following information: 1. List of streets and ranges (low range/high range) that are being taken in by the annexation/incorporation. 2. Detailed map of the area which clearly depicts street configuration, street names, and the area surrounding the annexation/incorporation. AT&T Texas is committed to the prompt and accurate processing of all municipal annexations. Your cooperation in the prompt delivery of documents noted above is appreciated. Should you have any questions, please do not hesitate to call me at 214 161 1521. Sincerely, Bob Garza AT&T Texas Municipal Relations/External Affairs 308 S. Akard Room 1100 Dallas, Texas 75202 Doc# 2006004760 JAN 3 1 2006 PEARLAND TEX AS sr 8 CERTIFICATION THE STATE OF TEXAS § COUNTIES OF BRAZORIA, HARRIS & FORT BEND. § RECORDER'S MEMORANDUM: At the time of recordation, this instrument was found to be inadequate for the best photographic reproduction because of illegibility, carbon, or photo -copy, discolored paper, etc. All blockouts, additions and changes were present at the time the instrument was filed and recorded. I, Young Lorfing, City Secretary of the City of Pearland, Texas, hereby certify that the attached constitutes a true and correct copy of Ordinance No. 1168; duly passed and approved on its Second and Final Reading by the City Council on the 28th day June, 2004. Witness my hand and seal of the City of Pearland, Texas, this 23rd day of January, 2006, at Pearland, Texas. 1 ngLo/•'MC/ y Sec .. ary /3519 LIBERTY DRIVE • PEARLAND, TEXAS 77581-5416 • 281-652-1600 • www.ci.pearland.tx.us it, Printed on Recycled Paper Young Lorfing City Secretary (281) 652-1655 Fax (281) 652-1719 January 23, 2006 Joyce Hudman, County Clerk Brazoria County Courthouse 111 E. Locust Ste. 200 Angleton, Texas 77515-4654 Dear Ms. Hudman: Enclosed is a certified copy of Ordinance No. 1168, 1169, and 1181, annexation ordinances for the City of Pearland. The ordinances contains legal description and vicinity map for each annexation. Please file and record the above listed Ordinances to reflect these additions to the City Limits of the City of Pearland. The Ordinance is summarized as follows: Ordinance No. Effective Date General Description Area (Acres) 1168 6/28/2004 SW of Beltway 8 & 288 42.5822 1169 6/28/2004 Riley Rd. Hooper & Anagnost 1.17 1181 10/11/2004 Shadow Creek Pkwy @ Clear Creek 0.859 If you have any questions regarding this request please contact Young Lorfing at 281-652- 1655. After recording return to: Young Lorfing, City Secretary 3519 Liberty Drive Pearland, Texas 77581 Thank you in advance for your assistance with this request. Sincerely, 4r,- orfing, RMC City Secretary Enclosures 3519 LIBERTY DRIVE • PEARLAND, TEXAS 77581-5416 • 281-652-1600 • www ci.pearland.tx.us Ciro Printed on Recycled Paper