R2017-128 2017-06-26RESOLUTION NO. R2017-128
A Resolution of the City Council of the City of Pearland, Texas,
authorizing the City Manager or his designee to enter into a First
Amended Utility Agreement with Brazoria County Municipal Utility
District No. 28.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain First Amended Utility Agreement by and between the City
of Pearland and Brazoria County Municipal Utility District No. 28, 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 First Amended Utility Agreement with Brazoria County
Municipal Utility District No. 28.
PASSED, APPROVED and ADOPTED this the 26th day of June, A.D., 2017.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
-1--
TOM REID
MAYOR
•
''Jinni:
R. �D
Resolution No. R2017-128
Exhibit "A"
FIRST AMENDMENT
TO UTILITY AGREEMENT
This First Amendment to Utility Agreement (this "Amendment") is made and
entered into thiseiir day of Jt . 2017 (the "Effective Date") by and between
CITY OF PEARLAND, TEXAS, a municipal corporation and home -rule city of the State
of Texas (the "City") and BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT
NO. 28, a political subdivision of the State of Texas, created under the authority of
Article XVI, Section 59 of the Texas Constitution and operating under and governed by
the provisions of Chapters 49 and 54, Texas Water code, as amended (the "District").
RECITALS
WHEREAS, the City and Developers on behalf of the District entered into that
certain Utility Agreement, dated February 25, 2002, which was later assumed by the
District on October 3, 2003 (the "Agreement"), which details the terms and conditions
pursuant to which (i) the District will acquire for the benefit of and conveyance to the
City the water distribution, wastewater collection, and drainage facilities needed to
serve lands being developed within and near the boundaries of the District; and (11) in
order to enhance the economic feasibility of the District and more equitably distribute
among the taxpayers of the City and the District the burden of ad valorem taxes to be
levied from time to time by the City and the District, the City will make annual tax and
monthly water and sewer revenue rebate payments to the District in consideration of
the District's financing, acquisition, and construction of such facilities; and
WHEREAS, the District's current boundaries are more fully described in the
metes and bounds description attached hereto as Exhibit A (the "Current Tract"); and
WHEREAS, the District is currently annexing the additional property, as more
fully described in the metes and bounds attached hereto as Exhibit B (the "Additional
Tracts"), into the boundaries of the District; and
WHEREAS, the City has or will consent to the annexation of the Additional
Tracts, subject to this execution of this Amendment; and
WHEREAS, the Parties now wish to make certain adjustments to the annual tax
payments made by the City to the District as such payments relate to the Additional
Tracts,'and any additional land that may be annexed into the boundaries of the District
in the future;
NOW, THEREFORE, in consideration of the premises, mutual promises,
covenants, obligations and benefits herein contained, the City and the District agree as
follows:
663297
AGREEMENT
The recitals set forth above are declared true and correct and are hereby
incorporated as part of this Amendment.
2. Section 6.01 of the Agreement shall be deleted in its entirety and replaced with
the following:
6.01. Calculation of Annual Payment.
(a) In consideration of the development of the land within the
District and the related increase in the taxable value of such land to the
City through the acquisition of and construction of the Facilities by the
District and in order to enhance the economic feasibility of the District and
more equitably distribute among the taxpayers of the City and the District
the burden of ad valorem taxes to be levied from time to time by the City
and the District, the City agrees to collect and pay to the District a portion
of the ad valorem taxes collected by the City in future years on the land
and improvements within the District (the "Annual Payment"). The
Annual Payment shall be a payment of a portion of the City's tax revenues
actually collected and received by the City, exclusive of any interest and
penalties paid by the taxpayer to the City and exclusive of any collection
costs incurred by the City. All Annual Payments received by the District
from the City shall be deposited by the District into a debt service fund of
the District and shall be applied solely to the payment of the Bonds and
other debts, liabilities, and obligations of the District to or for the benefit
of any persons or entities relating to the financing, construction, and
acquisition of all or any portion of the Facilities.
(b) The initial Annual Payment for the Current Tract shall be at
a rate of $0.15 per $100 of assessed valuation. The initial Annual Payment
for the Additional Tracts, and any additional land annexed into the
District in the future, shall be at a rate of $0.10 per $100 of assessed
valuation.
(c) The Annual Payment shall be incrementally reduced upon
the occurrence of the District decreasing its combined debt service and
operation and maintenance tax rate (the "District Tax Rate").
(d) Once the condition of subsection (c) has been met, the
Annual Payment shall be reduced by an amount equal to the decrease in
the District Tax Rate. For example, if the Board of Directors of the District
decreases the District Tax Rate by $0.01, then the Annual Payment will be
663297
reduced by $0.01. The Annual Payment will be recalculated annually, and
will continue to be reduced to the extent that the District Tax Rate is
decreased. For example, if the Board of Directors of the District decreases
the District Tax Rate by $0.10, then the Annual Payment would be $0.05
per $100 of assessed valuation. Once the Annual Payment is reduced, it
shall not thereafter be increased, and any increase in the District debt
service tax rate does not affect the calculation of the Annual Payment.
(e) Notwithstanding anything contained in subsection (d), the
Annual Payment associated with the Additional Tracts, and any
additional land annexed into the District in the future, shall not be
decreased until the Annual Payment associated with the Current Tract has
been decreased to $0.10 per $100 of assessed valuation, at which time the
Annual Payments for both the Current Tract and the Additional Tracts,
and any additional land annexed into the District in the future, shall
decrease at the same rate.
(f) If the District Tax Rate decreases by $0.15, then the City is
thereafter relieved of any obligation to make Annual Payments pursuant
to this Agreement. Any subsequent increase in the District debt service
tax rate does not obligate the City to again make Annual Payments.
2. Except as specifically amended in this Amendment, the Agreement shall remain
in full force and effect in accordance with its original terms and conditions.
3. Capitalized terms used herein shall have the same meanings given them in the
Agreement.
[The remainder of the page is intentionally left blank.]
663297
IN WITNESS WHEREOF, the parties hereto have executed this Amendment in
multiple copies, each of equal dignity, as of the date set forth on the first page hereof.
THE CITY OF PEARLAND, TEXAS
ATTEST:
APPROVED AS TO FORM:
By:
ar- e
City Attorney
663297
AI rbST:
Secretary, Board of Directors
(SEAL)
663297
BRAZORIA COUNTY MUNICIPAL UTILITY
DISTRICT e 8
By
Jo ordon
President, Board of Directors
Exhibit A
DESCRIPTION OF
955.3230 ACRES
BRAZORIA COUNTY MUNICIPAL
UTILITY DISTRICT NO. 28
JANUARY 2015
JOB N0.1931.2202,101
TRAGT 1
Being 312.1698 acres o1 land located In the D.H.M. Hunter Survey, Abstract 36, Harris County,
Texas, and D.H.M. Hunter Sunray, Abstract 76, end H.T.& B.R.R. Co. Survey, Sec. One,
Abstract 233, Brazoda County, Texas, more particularly being the residue of that certain called
155.4020 acre tract (designated as Partition No. 5) conveyed to John Alexander, by Instrument
of reoord in Volume (91)880, Page 478, Official Records of Brazorla County (B.C.O.R.) and File
No. R840238, Official Public) Records of Real Property of said Harris County (H.C.O.P.R.R.P.),
portions of said 165.4029 acre tract being conveyed to John Alexander Family Limited
Partnership, by Instruments of record In File No's R840238, R840239, R840240 and Y450671,
H.C.O.P.R.R.P., end being a portion of a called 181.6209 sore tract conveyed to Sue Alexpnder
Morrison (aka Susie Alexander Morrison), by Instrument of record In Volume 1586, Page 93,
Deed Records of said Brazoria County (B.C.D.R.) and File No. H178351, H.C.O.P.R.R.P., said
312.1898 acres being more parlcularly described by metes and bounds as follows, all bearings
referenced to the southeasterly line of said 155.4029 sore tract, South 44° 16' 28" West;
BEGINNING at the most southerly corner of that certaln called 10.000 acre City of
Peariand Wastewater Treatment Plant, of record In Volume Y, Page 118 of the Brazorla County
Court Minutes, same being In the northwesterly line of that certain 15 -foot wide strip conveyed
to the City of Pearland by an Instrument of record under File No. 93-021477, B.C.O.R.;
Thence, with the northwesterly line of said 15 -foot wide strip, South 44° 16' 28" West
(base bearing), 2270.11 feet to a point for comer,
Thence, with a southerly line of said 155.4028 sores, South 86° 35' 57" West, 1,760.03
feet to Its southwest corner,
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Thence, with the westerly Zine of said 156.4029 acres, North 000 17' 48" East, 587.95
feet to a point for corner, same being the southwest corner of that certain boundary line
agreement of record In Volume 1744, Page 18 of the Deed Records of Brazorla County, Texas
(B.C.D.R.);
Thence, with the south line of said boundary line agreement, North 85° 30' 32" East,
0,51 feet to a point for corner,
Thence, North 00' 18' 07" East, 20,40 feet to a point for corner, being on the north rlght-
of-way line of Orange Street (50 feet wide);
Thence, South 85' 38163" West, along said north right-of-way line of Orange Street,
1,25 feet to a point for corner;
Thence, Nath 89' 47' 09" West, continuing along said north right-of-way line of Orange
Street, 2,027.31 feet to a point for corner, being the Intersection of sald north right-of-way One of
Orange Street and the easterly right-of-way line of Old Alvin Road (Width Varies);
Thence, along saki easterly right-of-way line of Old Alvin Road the folbwing three (3)
courses;
1) Nonh 00' 07' 30' West, 374.87 feet to a point for corner, the beginning of a
curve;
2) 204.01 feet along the aro of a tangent curve to the left having a radius of
2,030.86 feel, a central angle of 05" 44' 21", and a chord that bears North 02' 6ff
40" West, 203.92 feet to a point for corner, the beginning of a curve;
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75.08 feet along the arc of a non -tangent curve to the right having a radius of 1,956.66 feet, a
central angle of 02° 11' 53", and a chord that bears North 04° 08' 31" West, 75.08 feet to a point
for corner, being the southwest corner of that certain called 170.402 acre tract of land conveyed
to Beazer Homes Texas, L.P., by Instalment of record under File No. 01.000875, B,C.O.R.,
same being the northwest corner of aforementioned 181.8209 acres;
Thence, North 89° 48'26" East, along the common line of said 179.492 acres and said
181.6209 acres, 2,554.79 feet to a point for corner, being on the common line of said
H.T.BB.R.R. CO. Survey and said D.H.M. Hunter Survey, A-76;
Thence, North 44°16' 12" East, continuing with said common One, 2,125.06 feet to
point for corner, being the northwest corner of That certain called 2.72 acre tract conveyed to the
City of Pearland by Instrument of record under File No. 01.018877, B.C.O.R. and on the
westerly right-of-way line of Pearland Parkway (130 feet wide);
Thence, along the common westerly, southerly and easterly right-of-way lines of
Pearland Parkway and of said 2.72 acre City of Pearland tract and of that certain 2,479 aures
conveyed to the Cltyof Peadand by Instrument of record under File No, 01-018832, B•C.O,R.,
the following nine (9) courses:
1) South 30° OB' 36" East, 910.95 feet to a point for corner;
2) South 30° 08' 20" East, 26.57 feet to a point for corner, the beginning of a curve;
3) 529.75 feet along the arc of a tangent curve to the left having a radius of
1,934.96 feet, a central angle of 15° 41' 10" and a chord which bears South 37°
56' 65" East, 528.09 feet to a point for corner; ,
• 4) South 45° 47' 30" East, 273.75 feet to a point for corner;
5) North 44° 18' 21" East, 130.00 feet to a point for corner,
8) North 45°4T 30" West, 273.97 feet to a paint for corner, the beginning of a
curve;
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7) 494,18 feet along the arc of a tangent calve to the right having a radius of
1804.98 feat, a central angle of 15° 41' 10" end a chord which bears North 37°
58' 55" West, 492.62 feet to a point for corner;
8) North 30° 08' 20" West, 82.92 feet to a point for comer,
North 30° 08' 38" West, 910.96 feet to a point for comer, being the northeast
corner of said 2.72 acre City of Pearland tract, same being on a northwesterly
Ilne of aforementioned 181.6209 acres and on a southeasterly line of said
170.492 acres;
Thence, North 44°16' 12° East, with the northwesterly fine of said 181.6209 acre tract,
et 1,952.87 feet passing the south corner of that certain called 100.164 acre tract conveyed to A
& G Creekslde Venture No. 1, LLC, by Instrument ohreoord In File No. W890013,
H.C.O.P.R.R.P., being on the centerline of Clear Creek, and the common county line of Brazorla
County and Harris County, and continuing along the common line of said 100.154 and 181,6209
acre trade, In all a distance of 4,830.88 feet to the north corner of sald 161.8209 acre tract, the
east corner said 100.154 acre tract, on the southwesterly line of that certain called 4.4162 aore
. tract conveyed to the County of Harris and the Clly of Houston, by Instrument of record in File
No. J653244, H.C.O.P.R.R.P, and on the common survey line of sald D.H.M. Hunter Survey, A-
36 and the H.T,&B.R.R. Survey, Abstract 410 ;
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Thence, with the northeasterly Ilne of said 181.6209 acre tract and with the northeasterly
line of said D.H.M. Hunter Survey, A-36, South 46° 42' 47" East, at 877.81 feel passing the east
corner of said 181,8209 acre tract, the north corner of the aforementioned 155.4029 acre tract,
and on the southwesterly line of Clear Brook Meadows Sea. 4, a subdivision of record In Film
Code No. 621100, Map Records of said Harris County, and continuing along the common line of
said 155.4029 acre tract and sold Clear Brook Meadow Sec, 4, and the northeasterly line of said
D.H.M. Hunter Survey, A -3S, In all a distance of 1,397.78 feet to the south corner of said Clear
Brook Meadows Sec. 4, same being the most northerly corner of that certain called 12,597 acre
Tract conveyed to Clear Brook City Municipal UBlky District, by instrument of record In File
1J800015, H.C.O.P.R.R.P.;
Thence, with the northwesterly Ilne of said 12.697 acre tract, the following three (3)
courses:
1)' South 44° 16 34" West, 130.00 feet to a point for corner;
2) South 01' 43' 15' West, 337.44 teal to a point for comer,
3) South 44° 18' 12" West, 3,689.03 feet to the moat westerly south comer of said
12.697 acre tract, same being on the centerline of Clear Creek and on the
common county Hne of said Harris and Brazoda Counties;
Thence, along the centerline of Clear Creek and the common county Nne, the loiloWIng
two (2) courses:
1) South 41° 20' 51' East 26.88 feat to a point for corner;
2) South 31' 02' 06' East, 90.43 feet to a point for corner In The northwesterly line of
the aforementioned 15 -foot strip conveyed to the City of Poarland;
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Thence, with said northwesterly line, South 44.16' 28" West, 93.04 feet to the east
corner of the aforementioned City of Peadand Wastewater Treatment Plant Site;
Thence, with the northeasterly line of said City of Peadand Wastewater Treatment Plant
Site, same being 90 feet westerly of and parallel to the aforementioned centerline of Clear
Geek the following flue (5) courses:
1) North 31°02'08"West, 105.90 feel to a point for comer;
2) North 41° 20' 51" West, 213.13 feet to a point for corner;
3) North 14° 11' 12" West, 118.34 feet to a point for corner,
4) North 04° 43' 38" West, 130.63 feet to a point for corner;
6) North 05° 09' D5" East, 217.84 feet to a point for corner, same being the north
corner of sald City of Pearland Wastewater Treatment Plant She
Thence, with the northwesterly line of sald City of Pearland Wastewater Treatment Plant
Site, South 44° 15' 17" West, 906.07 feet to Its west corner;
Thence, with the southwesterly line of saki City of Pearland Wastewater Treatment Plant Site,
South 45° 47' 53" East, 651,54 feet to the POINT OF BEGINNING end containing 312.9698
acres of land.
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TRACT 2
Being 210.3819 acres of land located In the H.T. & B.R.R. Co. Survey, Section 12, (the B.F.
Drake Survey) Abstract 508, the H.T. & B.R.R. Co. Survey, Section 2, (the B.F, Drake Survey)
Abstract 507, Bravais County, Texas, more particularly being all of that cedeln tract celled
79.94 acres conveyed to Mary Frances Edwards by an Instrument of record in File No. 98-
005243 all of that certain celled 19.5073 acre tract conveyed to Bobby W. Shotwell by
'Instrument of record In Volume (88)809, Page 736, all of that cedaln called 39.900 acre tract
conveyed to Read Partnere, L.P. by Instrument of record In File No. 98-009098 and all of (hose
certain called 40.090, 19.898, 1.465 and 10.411 acre tracts conveyed to Sowell Interests —
Parkede, LP. -by instruments of record In File No's. 02.048831, 02-048837, 02-048838 and 02-
048832,respecthrely, all of the Official Records of Brazorla County, Texas (B.C.O.R.) and being
more particularly described by metes end bounds as follows (all bearings referenced to the
westerly line (North) 01 said 79,94 acres);
BEGINNING at the northwest corner of saki 40.090 acre tract, same being In the
centerline of Pearland Sites Road, 80 feel wide;
Thence, with the north Ilne of said 40.090 acre Tract, North 89°49' 23" East, 1321.78 feet
to a point for corner, the southwest corner of aforementioned 19.898 acre tract;
Thence, leaving saki north Ilne and with the west line of said 19.898 acre tract, North 02°
11' 33" West, 058.78 feet to a point for corner, the northwest corner of said 19.898 acre tract;
Thence, with the north line of said 19.898 acre tract, North 89° 52' 30' East, 1342.99 feet
to a point for corner, the northeast corner of said 19.898 acre tract and on the wrest Ilne of
aforementioned 1,465 acre tract, same being on the common survey line of aforementioned
H.T. & R.R.R. Co. Survey, Section 12, (the B.F. Drake Survey) and the H,T. & B.R.R. Co.
Survey, Section 2, (the B.F. Drake Survey);
Thence, leaving said north line, with the west line of said 1.485 acre tract and said
common survey Ilse, North 00° 04' 14" East, 02.73 feet to a point for comer, the north comer of
said 1.485 acre tram and on the westerly Ilne of the G.C. & SE:Railroad, 100 feet wide;
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E
Thence, leaving said common survey line, with the common lino of said G.C. & S.F.
Rallraod and the east lines of aforementioned 1.485, 10.411 and 19,5073 acre tracts, South 131
57' 4T East, 3343.44 feel to a point for corner, the southeast corner of said 19.6073 acre tract
and on the common survey line of aforementioned H.T. & B.R.R. Co, Survey, Section 2, (the
B.F. Drake Survey) and the H. Stevens Survey, Abstract 694;
Thence, leaving said common line, with the south line of said 19.5073 acre tract and
sold common survey dne, South 89° 13' 59" West, 807.49 feet to a point for corner, the
southwest corner of aald 19.5073 acre Tract and on the common survey line of said H.T. &
B.R.R. Co. Survey, Section 12, (the B.F. Drake Survey) and the H.T. & B.R.R. Co. Survey,
Section 2, (the B.F. Drake Survey) ;
Thence, leaving said south line, with the west line of said 19.5073 acre Tract and said
common survey lino, North, 548.27 feet to a point for corner, the southeast corner of
aforementioned 79.94 acre tract;
Thence, leaving said west line and said common survey line, with the south line of said
79,94 acre (root, West, 1318.88 feet to a point for corner, the northeast comer or
aforementioned 39.900 acretract;
Thence, leaving aald south line and with the east line of said 39.900 acre tract, South,
1310,51 feet to a point for comer, the southeast corner of said 39.000 acre tract;
Thence, leaving said east line and with south line of said 39.900 acre tract, South 89°
69' 07' West, 1320.00 feet 10 a point for corner, the southwest corner of said 39.900 acre tract
and on the centerline of Peariand Sites Road;
Thence, leaving said south Zine, with the centerline of Pearland Sites Road and the west
lines of aforementioned 39.900, 79.94 and 40.090 acre tracts, North (base bearing), 3298.01
feet to the POINT OF BEGINNING and containing 210.3819 acres of land.
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TRACT 3
Being 40.8280 acres of land located In the H.T, d B.R.R. Co. Survey, Section, 8, Abstract 544,
Brazorla County, Texas, more particularly being a portion of that certain tract of land conveyed
to Blanche O'Day Massey by an Instrument of record In Volume 850, Page, 633 and a portion of
that tract of land conveyed to OF( Investments, L.L.C. by Instrument of record in File No. 00-
038109, of the Official Records of Brazorla County, Texas (B.C.O.R.), and being a portion of
Lots 10, 12, 14, 15 and 16 of the Allison Richey Gulf Coast Home Company Subdivision Of
Section 5 a subdNIslcn of record In Volume 136, Page, 500, Deed Records of Brazorla County
(B,C.D.R.), and being more partioularly described by males and bounds as follows (all bearings
referenced to the westerly Ilne (North 00° 10' 30" east) of said tract of land described in Volume
850, Page, 633);
COMMENCING for reference at the southwest corner of said tract of land described In
Volume 850, Page, 633 and on the west Ilne of Lot 16 of sed subdivision, same being on the
centerline of O'Day Road (called 00 feet wide);
Thence, with the south Rne of Bald Tract of land described In Volume 860, Page, 833,
South 89° 62' 00' East, 30.00 feet to the POINT OF BEGINNING;
Thence, with the east right -o( -way Ilne of O'Day Road, North 00° 10' 30" East (bearing
base), 1376.01 feet to a point for comer, the northwest corner of sald tract of land described In
Volume 850, Page, 033 and being on the north line of Lot 10 of said subdivision;
Thence, with the north Ilne of said tract of land described In Volume 850, Page, 833 and
the north line of Lot 10, of said subdivision, South 89. 52' 00" East, 1006.70 feet to a point for
comer, the northeast corner of eald tract of land described In Volume 850, Page, 633 and being
the northeast comer of Lot 10 of saki subdivision;
Thence, wIIh the east kne of said tract of land described In Volume 860. Page, 833 and
the east Tina of Lots 10 and 12 of said subdivision, South 00° 10' 30" West, 840.40 feet to a
print for corner, the northwest comer of aforementioned tract of land described In File No. 00-
038109 end being the common north corner of Lots 14 and 16 of said subdivision;
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Thence, with the north line of sald tract of land described In File No. 00-038109 end the
north line of Lot 15 of said subdlvlslon, East, 1016.70 feet to a point for corner, the west right -of•
way Ilne of Hatfield Road (called 40 feet wide);
Thence, with the west right-of-way Ina of Hatfield Road, South 00° 16' 58" West, 378.90
feet to a point for corner, on the south line of said tract of land described In Flle No. 00-036109;
Thence, with the south line of saki tract of land described In File No. 00-038109, South
80° 05 43" West, 1016.17 feet to a point for corner, the southwest comer of salt tract of land
desoribed In File No. 00-036109, on the east line of said tract of land described In Volume 850,
Page, 633 and on the common line of Lots 14 and 16 of said subdivision;
Thence, with the east line of said Tract of land described In Volume 850, Page, 833 and
the east lines of Lots 14 and 18 of said subdivision, South 00° 10' 30" Wesi, 140.07 feet to a
point for corner, the southeast corner of said tract of land described In Volume 850, Page, 633;
Thence, with south line of meld tract of land desodbed In Volume 850, Page, 633, North
89° 52' 00° West, 1006.70 feet to the POINT OF BEGINNING and containing 40.8280 sores of
land.
TRACT 4
Being 65,4324 acres of land located In the H.T. & B.R.R. Co. Survey, Section 11, Abstract 239,
Brazoda County, Texas, being a portion of Lots 1, 2 and 3, Block 2, of Peariend Industrial Park
Subdivision, a subdivision of record In Volume 16, Pages 171-172, 01 the PIM Records of
Brazoda County, Texas, (B.C.P.R.) more particularly being part of that residue of a called
106.04 acre Ireot conveyed to John A. Sage, Trustee by Instniment of record In Volume (91)
986, Page 912 of the Official Records of Brawls County, Texas (B.C.O.R.), said 85.4324 acres
being more particularly described by metes end bounds es follows (all bearings referenced to
aforementioned Pearland Industrial Park Subdivision);
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BEGINNING at the northeast comer of aforementioned Lot 3 and the southeast corner. of Lot 4,
Block 2 of aforementioned Peedand Induslrlal Park Subdivision, said Lot 4 conveyed to the City
of Peariend by Instrument of record In Volume (65) 108, Page 545, B.C.O.R. and on the west
line of O.C. & S.F.RR right-of-way line (100 feet wide);
Thence, South 13° 47' 00" Easl, along the common line of C. & 8.F.R.R. and said
Pearland Industrial Park, 1629.64 feel to a poht for corner, being the centerline of Marys Creek
and the northeast corner of that certain called 11.649 acre tract conveyed to the City of
Pearland by instrument of record under File No. 96.029684, B.C.O.R.), sanie being the
southeast comer of aforementioned Lot 1;
Thence, South 75' 23' 05" West,'along the oommon line of said Lot 1 end said 11.649
acres, also being the centerline of Mefys Creek, 1938.80 feet to a point for corner, being on the
east right-of-way line of Veterans Road (Variable Width), the beginning of a curve;
• Thence, 238.12 feat along eat right-of-way line of Veterans Road and along the aro of e
non -tangent u4rrve to the right having a radius of 1577.00 feet, a central angle of 08' 34' 43",
and a chard that bears North 04146' 08" East 235.90 feat to a point for corner;
Thence, North 08° 51' 05" Emit, continuing along said right-of-way line of Veterans
Road, 190.73 feet to a poht for corner, on a northerly the of aforementioned Lot 1, Block Z of
said Peariend Industrial Park;
Thence, along a northerly, westerly and southerly line of said Pearland Industrial Park
the following three (3) courses;;
1) South 89' 41' 20` East, 142,00 feat to a point for corner,
2) North 00° 03' 25" East, 859.44 feel to a point for corner;
3) North 89. 51' 13" West, 58.2D feet to a paint for corner on the east dghtof-way
line of said Veterans Road;
b\PROlDSR1\.SURVEY\1711\0017\9RALORIA COUNTY MUD 26.0O0(
Page 19 of 49
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Thence, North 00' 04' 00" East, along said east right-of-way line o1 Veterans Road,
989.07 feet to a point for corner, on the common line of aforementioned Lots 3 & 4, Block 2 of
said Peadand industrial Park;
Thence, East, along said common line, 1351.30 feet to the POINT OF BEGINNING end
containing 65.4324 spree of lend.
TRACT 6
Being' 28.9045 acres of land located In the Thomas J, Green Survey, A-198, Brazoria
County, Texas, being an of That certain tract called 26.9150 acres described as Tract 2, In a
Special Warranty Deed to the MAVERICK GROUP, L.LP recopied In File No, 2004050558 of
the Brenda County Official Records, (B.C.O.R), being more particularly described by metes &
bounds es follows, all bearings referenced to the Texas State Plane Coordinate System, Texas
South Central Zone;
BEGINNING at a set 5/8 -Itch Bon rod with cap, stamped "LJA ENG." for the most
easterly southeast comer of the above-mentioned 28.9158 acre tract, said Iron rod also being In
the northerly right-of-way tine of F.M, 518 (100 feel wide), from which a Winch Iron rod, found
for the southwestern corner of a called 1,955 acre tract, conveyed to Houston Lighting & Power
Company by Instrument of record In Vol. 1147, Page 19 of the Brazorla County Deed Records
(B.C.D.R.), bears North 24° 34' 47" West, 0,34 feet;
THENCE, along and with the nodherly right -of way line of F.M. 516, North 68° 48' 01'
West, a dlatence of 786.62 feet to a found 5/8 -inch Iron rod found marking the most westerly
corner of sold 26.9158 sere tract and the southeasterly corner of a 90 foot wide drehage
easement recorded In Vol. (87) 496, Page 785, (B.C.O.R.);
THENCE, departing sald northerly right-of-way line, and along and with the
southeasterly Ilne of said drainage easement and with said drainage easement the following five
(6) courses;
1) North 41° 26' 38" East, 359.95 feet, to a found 5/6 -inch Iron rod;
2) North 41° 28' 50" East, 405.36 feet, to a found 5/8 -Inch Iron rod;
lAeRoJD5XASIMWEY\1711\00171,BRA20RIA COUNTY MUD 28.000(
Page 20 of 49
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3) North 49° 01' 27° East, 198.29 feet, to a found 618 -Inch Iron rod;
4) North 63°18'08" East, 146.95 feet, to a found 5/8 -Inch Iron rod;
5) North 69° 53' 28" East, 590.48 feet, to a found 5f8 -Inch Iron rod;
THENCE, along and with the southerly line of same said drainage eaeement,.South 50°
22' 57" East, at 228.83 feet pass the end of said easement and contlnue in all a distance of
282.02 feet, to a point for corner In the centerline of Clear Creek, said comer also heing on the
Harris County and Brazoda County Ilne;
THENCE, along and with said county line, the fallowing seven (7) courses;
1) South D5.04' 08" West, 52.51 feel to a point for comer,
2) South 01° 55' 38" East, 34.90 feet to a point for comer;
3) South 19° 24' 05° East, 39.89 feet to a point for corner;
4) South 23° 37' 01° East, 57.52 feet to a point for corner;
6) South 18° 04' 00" East, 79.61 feet to a point for comer;
6) South 18° 28' 02° East, 67.77 feet to a point for corner,
7) South 21.02' 12" East, 75.39 feel to a point for comer;
IAPROIDSKI\SURVEY\1711\0017\BKAZORIA COUNTY MUD 28.DOCX
Page 21 of 49
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THENCE, departing said county line, and along end with thenorthwesterly line of an
80.00 foot wide fee strip conveyed to Houston Lighting & Power Company called 1.916 acres
(described as Tract 2), and recorded In Vol. 1147, page 19 (B.C.D.R.), South 41° 13' 08" West,
64.30 feet to a found 5/8 -Inch Iron rod;
THENCE, continuing• with the northwesterly line of said Houston Ughting & Power
Company fee etdp,.South 41. 11' 67" West, a distance of 724.73 feet to a found Winch Iron
pipe;
THENCE, departing the westerly line of said fee strip, and along and with the northerly
Noe of the above mentioned 1.965 acre Houston Lighting & Power Company tract, North 48° 46' •
14" West, a distance of 249.86 feet to a found PK nen;
THENCE, along and with the westerly Nne of the above mentioned 1.955 acre traot,
South 41° 08' 37" West, a distance of 381.46 feet to the POINT OF BEGINNING, end containing
28,9045 acres.
TRACT6
Being 14.9938 acres of land located In the Thomas J. Green Survey, A-198, Brazorla
County, Texas, being all of that certain tract celled 15.0000 acres described as Tract 1, In a
Special Warranty need to the MAVERICK GROUP, L.L.P recorded In File No. 2004050556 of
the Brazoda County Official Records, (B.C.O.R.), being more particularly described by metes &
bounds as follows, all bearings referenced to the Texas State Plane Coordinate System, Texas
South Central Zone;
BEGINNING at a found 518 -Inch Iron rod with an aluminum cap, stamped "THOMPSON
SURVEYING R.P.L.B 3987", said Iron rod being the most northerly corner of LOWE'S HOME
CENTER PEARLAND, a subdNlslon recorded In Vol. 20, Pages 396396 of the Plal Records of
Brazoda County, Texas (B.C.P,R.), also being In the easterly right-of-way of Peadand Parkway
(130 feet wide);
THENCE, along and with the easterly right -of way line of Pearland Parkway, North 41°
68' 16° East a distance of 648.81 feet, to a found 6/8 -Inch ton rod with cap, stamped "LANEY
R.P.L.S 1718";
I\PROIDSKI\SURVEY\1711\0017\BRAZORIA COUNTY MUD 28.DOCx
Page 22 of 49
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THENCE, departing said easterly right-of-way line, and along and with the southerly line
of Clear Creek Park, a subdivision recorded In Vol. 21, Pages 67-68 (B.C.P.R.), South 86° 47'
36" East, a distance of 1276.62 feet, to a found 518 -Inch Iron rod In the northerly line of a 90 foot
wide drainage easement, recorded In Vol, (07) 498, Page 765, (B.C.O.R.);
THENCE, along and with Bald drainage easement the following three (3) courses:
South 69° 50' 59° West, 608.51 feet, to a found 5/8 -Inch Iron rod;
South 63° 18' 40° West, 163.17 feet, to a found 518 -Inch iron rod;
South 48° 59' 24" West, 80.14 feet, to a found 518 -Inch Iron rod;
THENCE, departing said drainage easement, and along and with the southerly line of
the above mentioned 15.000 sore tract, North 66° 46' 18° West, a castanet of 901.53 feet to the
POINT OF BEGINNING, and containing 14.9936 acres.
TRACT7
Being 5.7317. acres of land located in the W.D.C. Hall Survey, A-23, Harris County,
Texan, being all of that certain treat called 5.7376 acres described as Tract 1, In a Special
. Warranty Deed to the MAVERICK GROUP, L.L.P recorded In File No. Y289682 of the Official
Pubilo Records of Real Property of Harris County, Texas, (H.C,O.P.R.R.P.), being more
particularly described by metes & bounds es follows, all bearings referenced to the Texas State
' Plane coordinate System, Texas South Central Zone;
BEGINNING at a found 615 -Inch Iron In the northwesterly right-of-way of Country Club
Drive (80 feet wide), game said Iron rod being the most southerly comer of the above called
5.7375 acre tract, and bears North 34° 25' 57".East, 168.30 feet from the Intersection of the
centerline of Clear Creek and the said northwesterly right-of-way of Country Club Drive;
I:\PROIDSK3\SURVEY\1711\0017\ORAZORIA COUNTY MUD 28.DOIX
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THENCE, departing the northwesterly right-of-way line of said Country Club Drive, and
along and with the southerly line of the above mentioned 5.7375 acre tract the following three
(3) courses:
1) North 16° 54' 50" West, a distance of 101,74 feet, to a found 6/8 -Inch Iron rod;
2) North 67° 46' 53" West, a distance of 241.01 feel to a found 6/8 -Inch Iron rod:
3) North 12° 31' 42" West, a distance of 243.09 feel to a found 618-hoh Iron rod in the
southeasterly line of a called 8.805 acre tract conveyed to Houston Lighting & Power
Company, as described In File No. D739468 (H.C.O.P.R.R.P.)
THENCE, along and with said southeasterly line, North 42° 08' 14" East, a distance of
543.42 feet to a found W8 -Inch Iron rod;
THENCE, departing said southeasterly line, and along and with the northeasterly line of the
said 5.7375 acre tract, South 04° 51' 10" East, a distance of 27.77 feet to a found 518 -Inch Iron
rod, the beginning of a curve;
THENCE, continuing with said northeasterly Ihe, 446.36 feet along the aro of a non -
tangent curve to the left, having a central angle of 42° 58' 58", a radius of 595.00 feet, and a
chord which bears South 26° 19' 09" East, 435.96 feat to a found 5/8 -Inch Iron rod, the end of
said curve;
THENCE, continuing with said northeasterly line, South 47° 33' 07" East, a distance of
27.39 feet to a found, 5/8 -Inch Iron rod In the northwesterly right-of-way of said Country Club
Drive:
THENCE, departing said northeasterly line of the above mentioned 5.7375 acre treat,
and along and with the northwesterly dghtof-way line of said Country. Club Drive, South 34° 25'
67" West, a distance of 620.33 feet to the POINT OF BEGINNING, and containing 5.7317
acres.
I:\PR01DSK1\SURVEY\1711\0017\BRAZORIA COUNTY MUD 28.000(
Page 24 of 49
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TRACT 8
Being 10.4698 acres of lend located In the H.T. & B.R,R. Company Survey, Section 6,
Abstract - 544, Brezotia County, Texas, being out of that certain tract celled Lot 40 of the
Allison -Richey Gulf Coast Home Company Subdivision of Section 6, as shown on a plat
recorded in Volume 135, Page 601 of the Brazoda County Deed Records (B.C.D.R.), more
particularly bring lhat certain tract of land described as Lot 4D save and except Volume 040,
Page 701, Volume 1493, Page 233 of the Brazoria County Deed Records, and County Clerk's
Hie Number 2004031034 of the Official Records of Brazoda County (B.C,O.R.), being more
particularly deaodbed by metes & bounds as follows, ell bearings referenced to the Texas State
Plane Coordinate System, Texas South Central Zone (NAD -83);
BEGINNING at the northeast corner of the aforementioned Lot 40 same being the
northwest Domer of Lot 41, and the common south comer of Lots 38 and 39 of aforementioned
Allison -Richey Gulf Coast Home Company Subdivision of Section 6, same being In the south
line of that oertaln called 17.495 acre tract conveyed to Howard E. Rathbun and Rosa Lynn
Rathbun recorded In Volume (90) 757, Page 987 (B.C.O.R.), said Lot 41 conveyed to Charles
Anthony Sanperl recorded In Volume 1030, Page 852 (B.C.D.R.);
THENCE, along and with the common lines of said Lota 40.and 41, South 03° 03' 00"
East, a distance of 462.20 feet to a point for Domer, Sams being the common south Domer of
said Lots 40 and 41, and the common north oomer of Lote 42 and 43 of aforementioned AIIIson-
Richey Gulf Coast Home Company SubdMslon of Section 6, said Lot 42 being the unrecorded
Silver Shadows Subdivision;
THENCE, along and with the common (Inc of said Lots 40 and 42, South 86° 57' 00"
West, a distance of 986.70 feet to a point for Domer In the east right-of-way line of O'Day Road
(100 feet wide);
THENCE, along and with said east right-of-way line, North 03° 03' 00" West, a dlsfance
of 462.20 feel to a point for corner on the common line of said Lots 38 and 40, same being on
the south Ane of aforementioned 17.495 acres
THENCE, leaving said east right-of-way Ilne and along and with the common line of said
Lots 38 and 40, North 86° 57' 00" East, a distance of 986.70 feet to the POINT OF BEGINNING,
and containing 10.4896 sores of lend.
I:\OROJDSK1\SURVEy\1711\0017\BRAZORIA COUNTY MUD 88.DOCR
Page 25 of 49
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TRACT9
Being 33.2946 acres of land located In the H.T. & B,R.R. Company Survey, Section 85, Abstract
304, Brazorla County, Texas, more particularly being the south half of Lot 46, a portion of Lot 55
and all of Lola 58 and 67 of Section 65 of the Allison -Richey Gulf Coast Home Company
Subdivision, Part of Suburban Gardens, a subdivision of record in Volume 2, Pages 107 and
108 of the Brazorla County Plat Records (B.C.P.R,), more particularly beIng all of that certain
called 13.28 acre tract conveyed to George Ritchey and wife, Karen Ritchey by Instrument of
record under Filo Number 974132332 of the Olgclel Records of Brazorle County (B.C.O.R), all
of said Lot 66 conveyed to George Ritchey and wife, Karen Ritchey by an Instrument of record
under File Number 99-015825, B.C,O.R.,'and all of said Lot 57 conveyed to George Ritchey and
wife, Karen Ritchey by an instrument of record under File Number 98-019344, B.C.O.R., said
33.2948 acres being more particularly described by melee and bounds as follows, all bearings
referenced to Somersetehke Estates, a subdivision of record In Volume 18, Pages 283 and 284,
BEGINNING at the nodheast comer of the aforementioned Lot 66 same being the
southeast comer of the aforementioned Somersetshlre Estates, Bald corner also being on the
west line of Sunrise Lakes Section 1, a subdivision of record In Volume 20, Pages 315 - 318,
B.C.P.R., and being In Hooke Road;
THENCE, South 00° 00' 13° East, along the east line of said Lots 66, 68, end 57 and
the went line of said Sumise Lakes Section 1, passing at 494.84 feat the common east comer of
sdd Lots 55 end 56, passing et 990.17 feet the common east comer of sad Lots 66 end 67,
continuing a total distance of 1,485,17 feet to the southeast corner of said Lot 57, same being
the northeast coiner of Sunrise Lakes Section 2, a subdivision of record in Volume 21, Pages
3144, B.C.P.R;
THENCE, South 89. 57'- 17" West, along the common line of said Lot 67 and Bald
Sunrise Lakes"Seotion 2, 880.00 feet to a pohntfor the southwest corner of said Lot 57 and the
southeast corner of Reserve °A° of said Sunrise Lakes Section 2, eeld point being a re-entrant
comer on the north Bne of saki Sunrise Lakes Section 2;
I:\PRO1bSK1\SURVEY\1711\0017\BRAZORIA COUNTYMUD 28.DOIX
Page 26 of 49
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THENCE, North 00° 00'31° East, along the west ilne of said Lot 57 and the east line of
said Reserve "A", passing at 248.69 feet the northeast comer of said Reserve "A", and
continuing along the west line of said lot 57 and along the east Line of Lot 47 of said Section
85, passing at 498.17 feat the common comer of said Lots 47, 56 and 57 and the sbulheast
corner of Lot 46 of said Section 86, and continuing along the common line of said Lots 46 and
58, a total distance of 990.51 feet to the common corner of said Lots 45, 48, 55 and 56;
THENCE, South 89° 58' 00" West, along the common line of said Lots 46 and 48 and
along the south line of Me aforementioned 13.28 acre Tract, 880.33 feet to a point for the
common west corner of said Lots 45 and 46 and the southwest comer of said 13.28 acre tract,
said point being al the centerline of County Road 93 (called 40 feet Wide) as shown on the
aforementioned Allison -Richey Subdivision Plat;
THENCE, North, along the west line of sald 13.28 acre tract and along Bald centerline,
247.85 feet to a point for the northwest corner of saki 13,28 sore tract, same being Lhe
southwest comer of that certain tract (called the north half of Lot 46 of said Section 85)
conveyed to Steven C. Muth by an Instrument of record under Fite Number 2006015661,
B.C.O.R.;
THENCE, East, along the north line of said 13.28 sore tract and the south line of said
Muth tract, 880.07 feet to a point for a re-entrant corner of said 13.28 acre. tract, end the
southeast comer of said Muth tinct, said point being on the common Ilne of said tots 46 and 65;
THENCE, North, continuing along said north line and along said common fine,7.76 feet
to a point for corner;
THENCE, North 66° 34' 00" East, departing said common line and continuing along said
north he, 276.74 feel to a point for corner;
THENCE, South, continuing along said north line, 24.00 feet to a point for corner,
THENCE, North 66'47'10° East, continuing along said north line, 391.20 feat to a point
for corner on the common gne of sold 13.28 acre tract end the aforementioned Somereetshbe
Estates, same being the north line of said Lot 65;
IAPR01D$K1\SURVEY\1711\0017\BRAZORIA COUNTY MUD 28,DOCX
Page 27 of 49
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THENCE, East, along said common fine and said north line, 288.57 feel to the POINT
OF BEGINNING and containing 33.2948 acres of land,
TRACT IO
BEING 20.3420 acres of land located In the H.T. & B.R.R. Company. Survey, Section 21,
Abstract 399, Brazorla County, Texas, more Particularly being Lots 25 and 28 of the Agkon-
Rlchey Gulf Coast Home Company Subdivision, Part of Suburban Gardens Section 21, a
subdNlslon of record In Volume 2, Pages 23 end 24 of the Brezorla County Plat Records
(B.C.P.R.), same being all of that certain called 20.3420 acre tract of land conveyed to Fite
Townhouse Interest, LTD. by an Instrument of record under Document Number 2004072080 in
the Oficial Records of Brazorla County, Texas (B.C.O.R.) and being more particularly described
by metes and bounds as follows, ell bearings referenced to the Instrument of record under sald
Document Number 2004072080;
BEGINNING at a point In Fite Road, County Road 91 (width varies) for the southeast
corner of the herein described tract, same being the common south comer of Lot 28 and Lot 30
of said Allison -Richey Subdivision;
THENCE, West, with the south Ane of Lot 28, 890.80 feet to a point for the southwest
corner of the herein described tract, same being the common south corner of Lot 28 and Lot 21
of said Allison -Richey Subdivision;
h\PROIDSKI\SURVEY\1711\0017\BRAZOAIA COUNiy MUD 28.000(
Page 28 of 49
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• THENCE, North 00. 03' 45" East, along the west line of Lot 28, at 28.94 feet pass the
southeast corner of that certain celled 2.06 acre tract conveyed to John W. Benefield and
Donna J, Benefield by an Instrument of record under Document Number 02 027676, B.C.O.R.,
and at 517.46 feet pass the common corner of Lots 20, 21, 25 and 26 of said Allison -Richey
Subdivision, continuing along the west line of Lot 25, at 637.04 feet pass the common east
corner of said 2.06 acre tract and that certain salted 2.26 acre tract conveyed to Huey Batiste by
an Instrument of record under Volume 1280, Page 66, In the Deed Records of Brazorla County,
Texas (B.C.D.R.), continuing with the west line o1 Lot 26, at 711.84 feet pass the common east
comer of said 2.25 acre Tract and that certain called 3.26 acre tract conveyed to Huey Batiste
and wife, Carmella Batiste by an Instrument of record under Volume 1186, Page 927, B.C.D,R.,
continuing wlth the west line of Lot 25, at 888.24 feet pass the common east corner of said 3.25
acre tract and that certain called 2.88 acre tract conveyed to Larry Campbell and Kerry Spencer
by an Instrument of record under Document Number 2004070087, B.C.O.R., and continuing
with the west line of Lot 25, a total distance of 1,068.88 feet to the northwest corner of the
herein described tract, same being the common comer of Lots 19, 21, 24 and 26,of acid Allison -
Richey Subdivision, and being the common corner of said 2.88 acre tract, that certain called
9.9856 acre treat conveyed to Suniake Limited by an Instrument of record under File Number
03.028898, B.C.O.R, and that certain called 19.9748 acre tract conveyed to The Imeni Church
by an instrument of record under Document Number 2006043447, B.C.O.R.;
THENCE, North 89° 58' 27" East, °tong the north line of Lot 26, 830.98 feet to the
northeast comer of the hereln described tract, same being the common east corner of Lots 24
and 26 of said Allison -Richey Subdivision and being the southeast corner of said 19.9748 acre
tract, said corner also being on the west line of that certain called 9.9083 acre tract conveyed to
Randall Alan Nemllz and wife, Barbara Jane Wentz by an Instrument of record under Volume
992, Page 507, B.C.O.R.;
IAPROJD5K1\SURVEY \1711\0017\BRAZORIA COUNTY MUD 28.000(
Page 29 of 49
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THENCE, South 00° 09' 50" West, along the east line of Lot 25, at 16,85 feet pass the
common west comer of Lote 29 end 30 of sald Allison -Richey Subdivision, same being the
common west corner of eald 9.9063 acre tract and that certain celled 9.80 acre tract conveyed
to E. R. Mllstead by an instrument of record under Vdume (B9) 862, Page 745, B.C.O.R„
continuing along the east line of Lot 25, at 522.85 feet pass the common east corner of Lots 26
and 26 of said Allison -Richey Subdivision, continuing with the east line of Lot 26, a total
distance of 541.95 feet to the common west corner of said 9.80 acre tract and that certain called
5.9138 acre tract conveyed to Freemen T. Wyche, II and 011ie Nide Wyche by an Instrument of
record under File Number 97-029493, B.C.O.R.;
THENCE, South, along the east line of Lot 26, 505.41 feet to the southwest corner of
said 5.9136 acre tract, continuing along the east line of Lot 26, a total distance of 526.30 feet to
the POINT OF BEGINNING and containing 20.3420 acres of land,
TRACT 11
BEING 15,5143 acres of land located In the H.T, & B.R.R. Company Survey, Section 17,
Abstract 242, Brazoria County, Texas, more particularly being all of that certain called 7.1811
acre tract conveyed to- Signature, Eubanks and Associates, LTD. by an Instrument of record
under Document Number 2005025510 in the Official Records of Brazada County, Texas
(B.C.O.R.) and all of that certain called 8,3532 acre tract conveyed to Signature, Eubanks and
Associates, LTD. by an Instrument of record under Document Number 2004008304, B.C.O.R.,
and being more particularly described by metes and bounds as follows, all bearings referenced
to the Instrument of record under said Document Number 2005026510 AND Document Number
200400004, B.C.O.R.;
BEGINNING at a point In the centerline of Fite Road, County Road 91 (vadabie width)
for the southwest corner of the herein desccdbed tract, same being the southwest corner of said
7.1611 acre tract;
I \PROIDSKI\SURVEY\1711\0017\BRA20RIA COUNTY MUD 28.D0CX
Page 30 of 49
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THENCE, North 00° 00' 32" West, along the west Una of eald 7.1811 acre tract, at 30.00
feet pass the southeast corner of that certain celled 0.0927 acre tract conveyed to Tranquility
Housing II, Ltd. by aninstrumentof record under Document Number 2005052420, B.C.O.R.,
continuing along said west line, at 280.81 feet pass the common east corner of said 0.9927 acre
tract and that certain called 14.14 aore tract (referred to as Tract 1) conveyed to Tranquility
Housing, LTD„ by an Instrument of record under Document Number 2004038625, B,C.O.R:,
said 14.14 aore tract being Restricted ReserJo "A", Tranquility Bay Apartments, a subdivision of
record under Volume 24, Page 222 and 223, In the Plat Records' of Brazoria County, Texas,
(B,C.P.R.), and continuing along said west line, a total distance of 1,328.13 feet to the northwest
corner of the herein described tract, same being the common comer of aald 7.1611 acre tract,
sold 14.14 acre tract, that certain called 8.855 acre tract conveyed to WWIllem F. Hawk by an
Instrument of reoord under File Number 01-013411, B.C.O.R. end that certain called 8.655 acre
tract conveyed to Jose C. Rodriguez by an Instrument of record under Volume (87)444 Page
645, Deed Records of Brazorla County, (B.C.D.R.);
THENCE, East, along the north One of said 7.1811 acre tract, at 219.74 feet pass the
common south oomer of said 8.655 acre Rodriguez tract and that certain called 10 acre tract
conveyed to Jose C. Rodriguez and wife Sharon Rodriguez by the Inabumente of record under
Volume 1154, Page 488, Volume 1164, Page 468 and Volume 1154, Page 471, B.C.D.R.,
continuing along said north line, at 234.87 feet pass the common north comer of said 7.1811
sore tract and the aforementioned 8.3532 acre tract, and Continuing along the north line of said
8.3532 acre tract, a total distance of 549.50 feet to the northeast corner of the herein described
tract, same being the common east comer of said 10 acre Rodriguez tract and said 8.3632 acre
Tract, said corneralso being on the west line of The Westchester Estates Subdivision, un-
recorded;
I:\PROJDSk1\SURVEY\1711\0017\BRAZORIA COUNT/ MUD 28.DO0(
Page 31 of 49
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THENCE, South 00° 00'47" East, along the east line of said 8.9532 acre tract, at 469.30
feet pass the southwest corner of saki Wes/cheater Estates Subdivision, same being the
northwest comer of That certain called 4.8945 acre tract conveyed to William F. Hawk by an
Instrument of record under File Number 00 037286, B.C.O.R., continuing along said east line, at
675.80 feet pass the common west corner of said 4.8945 acre Hawk tract and that certain called
4.8945 acre tract conveyed to Arnie M Pepin and wife Connie M. Pepin by an Instrument of
record under File Number 97-026270, B.C.O,R., continuing along said east line, at 882.30 feet
pass the common east corner of said 4.8945 acre Pepin tract and that certain called 2.6007
acre tract (referred to as Tract 2) conveyed to Signature, Eubanks and Associates, LTD. by en
Instrument of record under Document Number 2005071929, B.C.O.R., continuing along said
east line, at 992.30 feet pass the common east corner of saki 2.6007 acre tract and that certain
called 8.6393 acre tract (referred to as Tract 1) conveyed to Signature,. Eubanks end
Associates, LTD. by an Instrument of record under sald Document Number 2006071929, and
continuing along said east line, a total distance of 1,089.42 feet to the southeast comer of the
herein described tract on the west line of said 6,8393 acre tract, said corner also being the
northeast corner of that certain called 1.14 acre toot conveyed to H & R Operator Sen4ces, Inc.
by en instrument of record under Volume (84) 48, Page 363, B.C.O.R.;
THENCE, Wast, along the north line of said 1.14 acre tract, 208.71 feet to an Interior
southeast corner of said 83532 acre tract, same being the northwest comer of said 1.14 acre
tract
THENCE, South, along the west line of said 1.14 acre Kaci, 198.71 feet to the southeast
corner of said 8.3532 acre tract on the north line of Fite Road, same being the northeast comer
of That certain called 0.0243 acre tract conveyed to the Cky of Pearland by an Instrument of
record under Filet Number 00.007851, B.C.O.R.;
THENCE, West, along said north line, 105.97 feet to the common west comer of said
8.3532 acre tract and said 0.0243 acre tract and being on the east line of the- aforementioned
7.1611 acre Irect;
THENCE, South 00° 00' 32" East, along said east line, 40.00 feet to the southeast
comer of said 7.1611 acre tract at the centerline of Fite Road;
I:\PROJD$K1\$URVEY\1711\0017\DRAZORIA COUNTY MUD 28.000(
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THENCE, West, along said centerline, same being the south line of said 7.1811 acre
Tract, 234.87 feet to the POINT OF BEGINNING and containing 16.6143 eons of land.
TRACT 12
Being 81.6723 acres of land located In the H.T. & B. RR. Co. Survey, Abstract 233 and the R.B.
Lyle Survey, Abstract 642, Brazorla County, Texas, more particularly being a portion of Lots 62,
63, 68, 69, 93 and 94 of the W. Zychlinski Subdivision of record In Volume 29 Page 43 of the
Deed Records of Brazorla County Texas (B.C.D.R.), aald 81.5723 sorsa being more particularly
descrlbed In two (2) pads by metes and bounds as follows, all bearings referenced to Texas
Coordinate System, South Central Zone, Nad 83, 2001 Adjustment;
PART 1
BEGINNING at a 1/2 -Inch Iron rod found at the southeast corner of Crosspoint
Fellowship Church, a subdivision of record In Volume 22, Pages 63 and 64, of the Plat Records
of Brazorle County, Texas, (B.C.P.R.), same being a point on the westerly right-of-way line of
Old Alvin Road, 80 feet wide, and a point on the northerly line of aforementioned Lot 68;
Thence, South 02° 38' 45" East, along the westerly right-of-way tine of said Old Alvin
Road, 1,179.33 feet to a 5/8 -Inch Iron rod with plastic cap stamped "LJA ENG" set for corner, on
the southeasterly Ime of aforementioned Lot 62 and a point on the common line of the H.T. & 8.
R.R. Co. Survey and the D.H.M. Hunter Survey, Abstract 76 from which a found 5/8 -Inch Iron
rod with cap stamped' Walsh Surveying Inc" bears South 29°16' 3r West, 8.31 feet, and a 5/8 -
inch Iron rod, found an the westerly right-of-way Ilne of Old Nolo Road bears South 02° 38' 45"
East, 92.87 feet;
Thence, departing the west right-of-way line of Old Alvin Road, 80 feet wide, South 41°
29' 43" West, along the westerly line of Lot 62 and said common survey line, 127.45 feat to a
6/8 -Inch Iron rod with cap stamped °Walsh Surveying Inc" found for corner;
Thence, departing said common survey Zine, with the south line of said Lot 62, South 87°
16' 05" West, 1,265.93 feet to a 1 -Inch Iron rod found marking the southwest corner of said Lot
62 and the southeast comer of aforementioned Lot 63, and on the common One of
aforementioned R.B. Lyle Survey and the H.T. & B.R.R. Co Survey;
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Thence, South 87. 22' 06" West, along the south Une of said Lot 83, 487.68 feet to a M-
inch Iron rod with plastic cap stamped "LJA ENG", set for corner, from which a found 1 -Inch Iron
S bears South 87.22' O8" West 841.80 feet
Thence, departing the southerly line of said Lot 83, North 02° 42' 39" West, 1,005.07 feel
to a 518-Inoh iron rod with plastic cap stomped "LJA ENG", set for corner,
Thence, North 24' 15' 58° West, 254.90 feet to a 6JB-Inch Iron rod with ptasUc cap
stamped "LJA ENG', set for corner;
Thence, North 35° 44' 04" East, 35.06 feet toe 518 -Inch Iron rod with plastic cap
stamped 'LJA ENG" set for corner on the north line of aforementioned Lot 69, from which a
found V2 -inch Iron rod with cap stamped "RPLS 1895", bears South 87. 15' 06" West, 7.42 feet;
Thence, North 87° 15' 08" East, along the north line of said Lot 89 passing at 569.71 feel
a 314 -Inch Pon rod found marking the northeast comer of said Lot 80, same point being the
northwest comer of the aforementioned Lol 88 and continuing along the north line of said Lot 68
passing at 575,73 feet a 518-Ihch Iron rod with cap stamped "C.L. Davis-RPLS 4484", continuing
In all a distance of 1,915.85, feet to the POINT OF BEGINNING end containing 53.9782 acres of
land;
PART
Beginning at a 12 -Inch Iron rod found marking the Intersection of the north Bne of
aforementioned Lot 94 and the east right-of-way line of Old Alvin Road, 80 feet wide, same
point being the southwest corner of Twin Wood Subdivision, of record in Volume 17, Pages 295
and 298, B.C.P.R and the southwest corner of Reserve "A", as shown on said Twin Wood
Subdivision;
Thence, North .87' 16' OB" East, with the common line of aald Lot 94. ,Twin Wood
SubdNlslon and Reserve W, 286.85 feet to a 314 -Inch Iron rod found tor corner, same being the
moat southerly southeast comer of said Twin Wood Subdivision and the southeast comer of
said Reserve "A";
I:\PR01DSK1\SURVEY\1711\COST fiRAZORIA COUNTY MUD 26.000(
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Thence, North 02' 43' 24" Weal, departing the north line of said Lot 94, along the east
line of geld Twin Wood Subdivision and Reserve "A", 631.44 feet, to a 518 -Inch Iron rod with
plastic cap stamped "LJA ENO", set for corner, same being the northeast corner of Reserve "A"
and an angle point on the southerly line of said Twin Wood Subdivision;
Thence, North 8V 16' 06" East, along the south line of veld Twin Wood Subdivision,
1023.82 feet, to a 5/8 -Inch Iron rod with plastic cap stamped "LJA ENG", set for comer, same
being the most easterly, southeast corner of said Twin Wood Subdivision, and a point on the
west line of Twin Wood Section 2 Amending Plat of record In Volume 24, Page 26, B.C.P.R.;
Thence, South 03' 34' 27" East, departing the south line of said Twin Wood Subdivision,
and along said Twin Wood Section 2 Amending Plat, 378.15 feet, to a 3/4 -Inch Iron rod found for
corner, same being on the common Zine of aforementioned H.T. & B. R.R. Co. Survey and the
D.H.M. Hunter Survey, and the southwest corner of said Twin Wood Section 2;
Thence, with the southeasterly line of said Lot 93 and 94, and said common survey Zine,
South 41' 29' 43" West, at 994.20 feet pass a found 1/2-Inoh Iron rod and continue In all a
distance of 1887.70 feet, to a point for corner from which a a found 1/2 -Inch Iron rod bears North
26' 04' 42" East, 0.82 feet and a 5/8 Inch Iron rod with cap stamped "Wilson" found on the
easterly right-of-way line of Bald Old Alvin Road bears South 02' 38' 45" East, 175.38feet;
Thence, leaving said southeasterly line and said common survey line, with saki east
right-of-way line, North 02. 36' 46" West, 1,097.04 feet to the POINT OF BEGINNING and
containing 27.5961 acres of land;
Said Part 1 and Part 2 containing a total of 81.6723 acres of land.
h\PROIDSKI\SURVE4\1711\0017\BRAZORIA COUNTY MUD28.000C
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TRACT 19
Being 9.6373 acres of land located In the FB. Drake Survey (A.K.A) H.T..6 B.R.R. Co Survey,
Section 20, Abstract No. 508, Brazorla County, Texas, more particularly being a portion of Lot
20, Section 20 of the Allison Richey Gulf Coast Home Company Subdivision, a subdlvislon of
record under Volume 2, Page 23 of the Brazorla County Map Records, said 9,6373 acre tract
being more padiouiady described by metes and bounds as follows (with bearings referenced to
said subdivision plat);
BEGINNING at the Intersection of the north line of aforementioned Lot 20. with the
westerly tight -of -way line of Hillhouse Road (County Road 642);
Thence, SOUTH, along said westerly right-of-way line of said Hillhouse Road, a distance
of 523.90 feet to a point for comer on the south line of said Lot 20 and the north One of Lot 21,
Section 20 of said Allison Rlchey Oplf Coast Home Company subdlvislon;
Thence, WEST, with the common fine of said Lot 21 end Lot 20, a distance of 801.30
feet, to a point for comer, the southeast corner of Southdown, Section 7, a subdivision of record
under Volume 10, Page 739 and 740 of the Brazorla County Plat Records;
Thence, NORTH along the easterly line of said Southdown Section 7 and thewest Ina
of said Lot 20, 523.90 feet to a point for corner, same being the northwest comer of said Lot 20;
Thence, EAST along the north line of said Lot 20 and the south line of Lot 19, Section
20, of said Allison Richey Gulf Coast Home Company Subdivision, 801.30 feet to the POINT OF
BEGINNING, and contalning 9.6373 acres; .
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TRACT 14
Being a 74.288 aore tract of land situated in the Thomas J. Green Survey, Abstract 290, Herds
County, Texas, located In Section "G" of the Allison-FUchey Gulf Coast Home Company Part of
Suburban Gardens according to the plat recorded In Volume 4, Page 48 of the Herds County
Map Records (H.C.M.R.) more particularly being a part of Lot 8 described to George Kantor by
the Instrument of record In File Number 8649889 of the Halls County Deed Records,
(HA.D.R.), and part (Tract 2) of a 94.20 acre lot shown as en acreage tract on said plat
described to Robert Alexander by the instrument of record In File Number J893129, Official
Publlo Records of Real Properly of Harris County, Texas (O.P.R.R.P.H.C.T.), Lots 22, 23 and
25 described to Orion W. O'Day, Trustee for the John Alexander Family, LP by the Instrument of
record In File Number F188006, Lot 24 described to Martha Alexander Crouch by the Instrument
of record in File Number H153424, O,P.R.R.P.H.C.T. and the remaining pert (Tract 2A) of said,
94.20 acre lot described to Martha Alexander Crouch by the Instrument of record In File Number
11237074, O.P.R.R.P.H.C.T., and 9.779 acre tract of land, being all of Lot 15 of the
aforementioned Section "G" as described to SHS Partners, Ltd. by the Instrument of record h
File Number 20070583028, O.P.R,R.P.H.C.T., said 74.288 acre tract being more particularly
described by metes and bounds as follows, all bearings referenced to the Texee Coordinate
System, South Central Zone NAD 83;
BEGINNING at the moat easterly comer o1 that certavl called 411363 acre tract of land
conveyed to The City of Pearland by the Instrument of record In File Number 20080117318,
O.P.R.R.P.H.C.T. on the common tine of Lots 5 & 8 of said Section NO", from which a 5/8 -Inch
found Iron rod bears North 38" 63' 02" West, 0.13 feet;
Thence, along said common line and the common line of Iola 14 and 18 of said Section
"G", Sou1548" 19' 04" East, 934.85 feet to a point for the common comer of Lots 14, 16, 23 and
24, and 16;
Thence, along the common line of Lots 14 and 23, and the common Ilne of lots 22 and
13, North 43. 03' 19" East, 859.61 feet to a 5/8 -Inch found Iron rod for the common corner of
Lots 12, 13, 21 and 22;
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Thence, along the common tine of Lots 21 and 22, South 48° 19' 04" East, 659.77 feet to
a point for the common comer of Lots 21, 22, 31 end 32;
Thence, along the southeasterly line of Lots 22 through 25, South 43° 00' 58° West,
1,893.95 feet lo a point for the common corner of Lots 25 and 37 on the northeasterly line of the
aforementioned 34.20 acre lot shown on the Section "G° plat;
Thence, along the common Ilne of Lot 37 end the 34.20 acre lot, South 13° 31' 58° East,
224.80 feet to a 1/2 -Inch found Iron for the southeasterly corner of the 34.20 acre tract;
Thence, along the south line of the 34.20 acre lot, along the north line of Lots 37 and 38,
South 75° 42' 30° West, 780.16 feet to a point for comer at the approxknate centerline of Clear
Creek, same being the common county line of Harris and Brasoda Counties;
Thence, along the approximate centerline meanders of Clear Creek and said common
oounty line, the following twenty two (22) courses;
1, North 49° 42' 48" West, 77.15 feet to a point for comer;
2. North 51° 22' 26" West, 130.60 feet to a point for comer;
3. North 39° 04' 44" Weat, 196.18 feet to a paint for corner,
4. North 42° 33' 60° Weat, 26.90 feet to a point for corner;
5. North 42° 57' 85" West, 75.88 feet to a point for corner;
6. North 44° 38' 26" West, 101.40 feet to a point for corner,
7. North 06° 01' 01" West, 129,51 feel to a point for comer;
8. North 16° 58'25" East, 54.72 feet to a point for corner;
9. North 24° 28' 55" East, 59.77 feat to a point for corner,
I:\PROJD5x1\SURVEY\1711\0017\BRAZORIA COUNTY MUD 28.DOC(
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10. North 29° 02' 32" East, 62.03 feet lo a point for comer;
11. North 22° 34' 38' East, 37.15 feet to point for oorner;
12. North 16° 18' 35" West, 57,49 feet to a point for corner,
13. North 24° 49' O6" West, 49.38 feet to a point for corner;
14. North 10' 00' 22" West, 76.30 feet to a point for corner;
16. North 04.19' 00" East, 70.79 feet to a point for corner;
16. North 01° 29' 28" West, 83.94 feel to a paint for corner;
17. North 18° 31' 37" West, 86.81 feet lo a point for corner;
18. North 42° 13' 19" West, 50.42 feet to a point for comer;
19. Nath 43° 22' 65" West, 98.13 feet to a point for comer,
20. North 30' 27' 39' West, 134.76 feel to a pond for Domer;
21. North 25° b2' 23" West, 24.13 feet to a point for comer,
22. North 35° 11' 51° West, 60.62 feet to a point for comer;
Thence, departing said centerline and said common county line, North 41' 39' 39" East,
43.52 feet to a 5/8 -Inch found Iron rod with a plastic cap stamped CL DAVIS RPLS 4464 for the
westerly corner of the aforementioned 4.8383 acre tract',
Thence, along the common Inc of acrid 4.0383 acre tract and the aforementioned 34.20
acre lot, North 78' 57' 00" East, 430.79 feet to a point far comer, the beginning of a curve, from
which a bent 5/8 -Inch found Iron rad bears North 22° 39' 34" East, 0.26 feet;
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Thence, along the arc of said curve to the left having a radius of 2,060.00 feet, a central
angle of 07' 38' 34, an arc length of 274.79 feet and a chord That bears North 30° 46' 4? East,
274.68 feet to a 5/8 -Inch found Iron rod with a plastic cap stamped CL DAVIS RPLS 4484 for
comer,
Thence, North 26' 58' 30" East, 100.00 feel to a point for corner from which a bent 518 -
inch found Iron rod bears South 21' 68' 32' West, 0,13 feet, the beginning of a curve;
•
Thence, along the aro of said curve to the right having a radius of 1,940.00 feel, a
central angle of 14' 43' 09, an am length of 498.38 feet and a chord that bears North 34' 18106"
East, 497.01 feet to a 6/8 -Inch found fronted with a plastic cap stamped CL DAVIS RPLS 4484
for comer;
Thence, North 41' 39'39" East, 110.80 feet to the POINT OF BEGINNING and
conletning 74.286 sores of land.
TRACT 16
Being 10.445 east: of land, boated In the H. T. & B. R. R. Co, Survey, Section 1,
Abstract 233, and also the D. H. M. Hunter Survey, Abstract 78, Brazoda County, Texas, being
a portion of Lot 42, of W. Zyohlinskl's Subdivision, a subdivision of record In Volume 29, Page
43, Braoda County Deed Records, B.C.D.R., and being the remainder of Lot 4, Waimtt'a
Pearland Subdivision, a subdivision of record In Volume 35, Page 239-241, B.C.D.R. and being
a8 of that certain caped 19.4482 acre tract conveyed to T. & B. Alexander Family Ltd.
Partnership by an Instrument of record under Elle No. 96-044930, Official Records of Brazorla
County, Texas, O.R.B.C,T„ said 19.445 acres being more particularly described by metes and
bounds as follows (alt bearings referenced to the Texas Coordhate System, South Central
Zone, NAD 63 (2011 adjustment):
BEGINNING at a 6/8 -Inch Iron rod with plastic cap marked "WA ENG." set for the
Southeast corner of said 19.4482 acre tract and also being an angle point on the west right-of-
way line o1 Old Alvin Road (Width Varies);
I:\PROJDSk1\SURVEY\ 1711\ 0017\BRAZORIA COUNTY MUD 28.D0IX
Page 40 of 49
1 33
Thence, with Geld west right-of-way line o1 Old Alvin Road, South 87° 10' 28" West, at'
12.10 feet pass an angle point In said west right -of --way line of Old Alvin Road and also the
northeast comer of called Oakbddge Apartments, a subdivision of record under Volume 23,
Pages 347-348, Brezorle County Piet Records, B.C.P.R., continuing along the line common to
said 19A482 'acres and said Oakbddge Apartments, at 910,21 feet pass the common north
corner of said Oakbrldge Apartments and the remainder of Tract I conveyed to Pearland UH,
L.L.C. by an Instrument of record under File No. 97-035426, O.R.B.C.T., from which a found
Iron rod with cap marked "Andrew Lonnie Sykes" bears North 44° 57' S3" East, 0.24 feet, and
continuing along the line common to saki 19.4482 acres and said Pearland UH, L.L.C. tract for
a total distance of 1,337.38 feet to a 112-Inoh Iron pipe In concrete found for corner In the west
line of said Lot 42 and also being the common east comer of Lots 43 and 48, of Bald map or plat
of W. Zychllnskl'e Subdlvlston, from which a found 516 -inch Iron rod beam North 38° 32' 24"
West, 1.59 feat;
Thence, along the line common to said Lot 42 and 48, North 02° 40' 02" West, 833.48
feet to a 5/8 -inch Iron rod with plastic cap marked "UA ENG .° set for corner, being the common
west comer of said 19.4482 acres and the residue of that certain called 20.03 sore tract
conveyed to Gerald Kora, et al by an Instrument of record under File No. 1998012733,
O.R.B.C.T.;
Thence, departing said common lot line and along the line common to sald 19.4482
acres end said Koze tract, North 87° 10' 43° East, 1,337.00 feet to a 618 -Inch Iron rod with
plastics cap marked "LJA ENG ° set for comer an aforementioned west right-airy/ay Ilne of Old
Alvin Road, from which an Iron rad with cap found for the northwest corner of Lot 8, Block 1, of
The Lakes at Highland Green, Section One, a subdivision of record In Volume 23, Pages 35-38,
B.C.P.R, bears North 87° 10' 43° East, 106.13 feet;
Thence, along sold west right-of-way line of Old Alvin Road, South 02" 42' 00" East,
633,38 feet (celled 833.48 feet) to the POINT OF BEGINNING and containing 19.445 acres of
Iand.
I:\PROJDSKS\SURVE7\1711\0017\BRAZORIA COUNTY MUD 28.DOCX
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34
TRACT 16
Being 14.920 acres of land located In the W.D.C. Hall League, Abstract 70,'Brazorla County,
Texas, more particularly being a portion of Lot 3 and Lot 4 of the George W. Jenkins
Subdivision, a subdivision of record In Volume 79, Page 616 of the Brazorla County Deed
Records (B.C.P.R), also being the residue of a 2.5 acre tract (described as the Northeast 1/4 of
Lot 3) conveyed to Kathy Freeman by Instrument of record In Volume 1009, Page 67 of said
B.C.O.R., and the residue of a 7.5 acre tract (described as the Southwest 3/4 of Lot 3) of which
an undivided one-half Interest was conveyed to Klm Freeman by Instrument of record In File
Number 99-010744 of the Brazorla County Official Records (B.C.O.R.), and en undivided one-
fourth Interest, each, was conveyed to Kim Freeman and Kathy Jan Freeman, by Instrument of
record in File number 96-044065 of said B.C.O.R., and the residue of a 5 acre tract (descdbed
as the Southwest 1/2 of Lot 4) of which an undivided one-half Interest was conveyed to Kathy
Freeman, by Instrument of record In File Number 99-010744, of said B.C.O.R. and an undNlded
one-fourth Interest, each, was conveyed to Kim Freeman and Kathy Jan Freemen, by
Instrument of record In File Number 98-044085, of said B.C.O.R., (all bearings referenced to the
Texas Coordinate System, South Central Zone, NAD 63; 2001 adjustment);
BEGINNING at the most wasted./ comer of a called 0.1481 acre tract conveyed to the
City of Peerland, by an Instrument of record In File Number 2004023434, B.C.O.R., same being
on the northwesterly right-of-way line of Dixie Farm road (120 feet wide), being a point on the
northeasterly fine of Oakbrook Estates, Section Six, a subdivision of record In Volume 24, Page
346 of the Brazorla County Plat Records, B.C.P.R, and a point on the southwesterly fine of
aforementioned Lot 3.;
I:\PROiDS61\SURVEY\1711\0017\BRA20RIA COUNTY MUD 28.DOCx
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35
Thence, North 48° 21' 04" West, along the northwest line of said Oakbrook Estates,
Section Slx and the southwest line of said Lot 3, pass at 383.67 feel a 5/8 -Inch Iron rod with cap
stamped "SURVCON' found for the moat easterly common corner of Lot 2 and Lot 3, Block 1 of
said Oakbrook Estates, Section Six, pass at 613.69 feet a 5/8 -Inch Iron rod with cap stamped
"SURVCON" found for the most easterly common corner of Lot 4 and Lot 5, Block 1 of said
Oakbrook Estates, Section Six, pass at 773,53 feet a 518-hoh Iron rod .with cap stamped
"SURVCON" found for the most easterly common corner of Lot 8 and Lot 9, Block 1 of saki
Oakbrook Estates, Section Six, and continuing in all a distance of 981.88 feet to point for corner,
same being a reentrant corner on the northeasterly line of said Oakbrook Estates, Section Six
and the moat westerly corner of aforementioned Lot 3;
Thence, North 4? 40' 41" East, Wong a southeasterly line of said Oakbrook Estates
Section Six and the northwesterly line of said Lot 3, pass at 53.74 feet, a found 6/8 -Inch kon rod
with cap stamped "SURVCON" found marking an angle point on the noitheastedy line of said
Oakbrook Estates, Section Slx and the south corner of Oakbrook Estates, Section YWo, a
subdivision of record In Volume 19, Page 563-554 of said B.C.P.R., and continuing along the
southeasterly line of Oakbrook Estates, Section TWo, and Oakbrook Estates Section One of
record In Volume 19, Page 343.344, B.C.P.R., and along the northwesterly line Of
aforementioned Lot 3 and Lot 4, continuing In all a distance of 634,49 feet to a point for corner,
same being the north comer of aforementioned 5 acre tract, from which a 1/2 -Inch Iron rod,
found marking a reentrant corner on the south be of said Oakbrook Estates Seotion One, bears
North 41° 40' 41" East, 317.24 feet;
Thence, South 48' 27' 30" East, along the northeasterly line of saki 5 acre tract, 981.69
feet to a point for corner on the northwesterly right-of-way line Dixie Farm Road (120 feet wide),
same being the north corner of that certain celled 0.0974 acre tract conveyed to the City of
Pearland, by an Instrunent of record In File Number 2004023433, B.C,O,R.;
Thence, South 41' 40' 42" West, along said northwesterly right-of-way line of Dixie Farm
Road, 636.33, feet to the POINT OF BEGINNING and containing 14.320 acres of land, of which
2.387 acres Is owned by Kathy Freeman and 11.933 acres of undMded Interest Is owned by
Kim Freeman and Kathy Jan Freeman,
I OJOSKI\suavc11v1x\acv\ewizoal4 COUNTY MUO 26.00o;
Page 43 of 49
36
'This document was prepared under 22 TAC § 683.21, does not reflect the results of an on the
ground survey, and Is not to be used to convey or establish Interests In reel 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"
Heather L Sides, RPLS, CFed$
Registered Professional Land Surveyor
.Texas Registration No. 5097
LJA Engineering, Inc.
LJA Engineering, Inc.
I:\PROIDSN3\SURVEYL1711\0017\BR/SORIA COUNIY MUD 28.DOcX
Page 44 of 49
8zhlbtt B
Apd113, 2017
Job No. 1711-0020
DESCRIPTION OF
12.4033 ACHES
PROPOSED ANNEXATION TRACT NO.1
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 26
Being 12.4039 agree of land (coated in the H.T. & B,R.R, Co, Survey, Abstract 242,
Brands County, Tema, more particularly being am of that certain nailed 12.4033 acre traot
cotweyed to R. West Development Co, Ino, by an Instrument of record in Fore Number
2010005967 of the Official Pubmo Reoorda of edd Brazorla County (B.O,O,P.R.), said 12.4008
acre treat being more particularly described by metes and bounds as follows, all bearings
referenced to that certain called12.4033 sore tract of record In File Number 2016005007,
dC.O.P.R.i
BEOINNINa al the northwest comer of said 12.4033 scree, same being on Bre east
d'gb40-way line of County Road 89, and the southwest corner of (het certain called 10 acro tract
ootwayed to Damodar R. Safi% by an Instrument of record In File Number 2017007988,
B,C.O.P.R.;
Thanes, South 89° 52' 30° East, along Om common Ilse of sat- 10 ooree end geld
12,4033 acres, 1320,00 feet to a point for corner, same being the northeast corner of said
12,4089 acres and the southeast corner of acid 10 acres;
Then%, Booth, along the Oast Ina of said 12.4033 aoree, 984,25 feet 10 a point for
corner, same being the southeast corner of said 12.4033 acres, and on the north right-of,wgy
mhe of File Road;
Thane, South, 89° 56' 07" West, along the south line of said 12.4083 aoree and said
north right-of-way fine, 165.00 feet to a point for Domer, same being the southeaat corner al that
carlaln sailed 2.405 acre treat oonvayed to FINK Innovations LLO, by Instrument of rsoord In File
Number 2009049061, B,C.O.P,R,;
Theme. North, departing said north right-of-way Ilne along a weaferly line of add
12,4030 aoree and the east Ime 0 saki 2,405 aortae, 634.70 feet to a poInt for Domer, same
bate an angle poral on said 12,4033 Korea and the nodheeet pother of saki 2,405 saes;
Pagel of 2
_ - I irewinl9unva111rinoweJzeetwiewesso_mwecresudb
Page 45 of 49
12.4033aaree April 13, 2017
Jeb No.1711.0020
Thence, North err 62 a0" West, Wong n southerly line of aald 12.4033 edree,1166,00
feet to a.palnt for corner, same being on the east tight -of -way One of aforementioned County
Road ee and a southwesterly corner of said 12.4033 sorer,
Thence, North, along the oonmon tine of sold east right-of-way Ona, and the most
ventery line of eetd 12.4033 cares, 030,00 feet to the POINT OF BEGINNING and contelning
12.4033 some of lend.
"This document Was prepared under 22 TAC g 663.21, does not repeat the results W an
on the ground survey, and Is not to be used to convey or establish Internet° In reel property
except thoee dghte and Interests implied or established by the 'neaten or reoonfigumtIn'of the
boundary of the political subdivision for whloh h was prepared"
14.4//LX "Ill-� yrE_
4-/3-20/7
14A Engineering, trio.
Paget oft
I:ehgdurnugVe'n1111100r°`Le0ALA114,A0330 wx.TW/Aoo
Page 46 of 49
Apr1113,2017
Job No. 1711.0020
DESCRIPTION OF
18.8»69 ACRES
PROPOSED ANNEXATION TRACT NO. a
ERAZORIA COUNTY MUNIOPAL UTILITY DISTRICT NO.29
Being 18.3069 acres of land located In Section 18 of the H.T. & B.R,R, Co.
Survey, Abstract 54B, Brezone County, Texas, more partIoularly being all of that certain galled
16.905 acre hent oonveyed to Oypreas Village III, LLC, by en Instrument of mead In Flle
Number 2015086180 Of the OHlolal Public Reoorda of acid Bmzoda County (B.C,Q.P.R.), said
18.3059 are tract being more partloulary deeorlbsd by pietas and bounds as follows, all
beadn fe referenced to Cypress Village Stratton Two, a subdivision of record In Volume 24,
Page 237, B,C,P,R.1
• BEOINNINO at the southwest ooraer of geld 10,308, agree, same being the northwest
Domer of Cypress Village, Section Two, a euhdlvlaton of record In Vol. 24, Pg. 237,
and on the east Ilne of Reserve "B", of said subdMebn;
Thence, North 000 QV 29" East, along the common line of the west Ilne of sad 18.305
Kea and the eget Ina of said Reserve "B", passing the northeast comer of set Reserve "B"
end continuing Ih all 859'.e5 feet to the northwest corner of Bald 16.3Q5 awes, same being a
montane corner of Cypress Village Section One, a subdivision of record In Volumer 24, Page
84, B.C.P.R.;
Thence, North 89° 59' 28" East, along the north lino of said 10.805 cores and the south
Ilhe of add Cypress Village Section One, at 1270.77 teal, pass the southeast corner of eat
Oypr.ae Village Section One, and bongnuing In all 1290,78 feat to the northeast comer of Said
16. O6 aorta, Bente being on the west right-of-way IS of Hervey Road (100 feet w@1B);
Page 1 of 3
NPmrd.MWLMVeNWf 1W ZOLLEBALSlle,BXIACAnmfTrWgdoo
Page 47 of 49
18.eos9 acres April 13, 9017
Job No, 1711.0090
Thence, South, along the common ens of saki 18.906 acres and said west right-of-way
One, 186,08 feet to a point for corner, same being an angle point of said 16.806 acres and tha
northeast corner of that cettaln called 2,00 acre treat conveyed to MadhinIng Speolallet Ino., by
Instndfnal9 of record M P110 Number 1997b35461, B.C,O.P.R.;
Thetloe, West along the common line at the north ane of said 200 awes and said
16405 was, 497.85 feet fu a point for corner, same being the northwest corner of said 2.00
dares, end an angle point of said 14.906 scree; •
Thence, South 00° 01' 28° East along the oommen Ilne of the Went line of said 2.00
acres end an eaeterly line of said 16.306 sores, 166,10 feet to a point tor corner, San b0W
the Southwest oarner of said 2,00 scree;
Thence, South 829 69' 63" East, along the common line of the south line of veld 200
sores and esti 18.305 acres, 312.90 test to a point for comer, same being an tingle point of
said 18.806 aoree and the northwest comer of that venal called 1.389 safe tract conveyed to
Jay 81981 and Cheryl Srgel, by Inatrument of record In Pile number 2013044832,13,0.0.P.11;
Thence, South 01.66' 39" East along the common Ilse o7 an easterly line of veld 16.005
saes and the west One of said .1.359 area, 320.83 feel to a point for comer,. same being the
akutleaet oprner of said 18.a06 sores, the sodthWeet saner bt said 1.359 awes, and on a
northerly lino of aforementioned Cypress Village Section Two;
Thence, South 89° 69' 59" West, along the oommon line of the south Ilne of veld 14.805
Ores and said Cypress Village Seotlon Two, 1117.0a tat 10 the POINT OF BEGINNING and
containing 16.5058 sores of land.
Page 2 of 3
I W mld*k1194RVB\1711 W0e01LEe ALLa1sa059AQAnneLTrncttam
Page 48 of 49
16.9069 pores April 19, 2017
Job Nb,1711.0026
'This dgoyment was prepared under 22 TAO § 699.21, does not reboot the reeulte of en
on the ground sully, and Is not to be used to noway or establish Interests In real property
nbepf those rights end'truereate Implied or ssmbllshed by the creation or reoonflguratIon of the
boundary of the political subdivision for whish twos prepared"
'YL�9r
4-f -zoi7
Page a of
INwldenladaVs%1111WuttasANAN0.eeaaAGmeRJM9.eve
WA Enginsedng, Ina
Page 49 of 49
Resolution No. R2017-128 —_
Exhibit "A"
FIRST AMENDMENT
TO UTILITY AGREEMENT
This First Amendment to Utility Agreement (this "Amendment") is made and
entered into this ;4 day of.iNg , 2017 (the "Effective Date") by and between
CITY OF PEARLAND,TEXAS, a municipal corporation and home-rule city of the State
of Texas (the "City") and BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT
NO. 28, a political subdivision of the State of Texas, created under the authority of
Article XVI, Section 59 of the Texas.Constitution and operating under and governed by
the provisions of Chapters 49 and 54, Texas Water code, as amended (the "District").
RECITALS
WHEREAS, the City and Developers on behalf of the District entered into that
certain Utility Agreement, dated February 25, 2002, which was later assumed by the
District on October 3, 2003 (the "Agreement"), which details the terms and conditions
pursuant to which (i) the District will acquire for the benefit of and conveyance to the
City the water distribution, wastewater collection, and drainage facilities needed to
serve lands being developed within and near the boundaries of the District; and (ii) in
order to enhance the economic feasibility of the District and more equitably distribute
among the taxpayers of the City and the District the burden of ad valorem taxes to be
levied from time to time by the City and the District, the City will make annual tax and
monthly water and sewer revenue rebate payments to the District in consideration of
the District's financing, acquisition, and construction of such facilities; and
WHEREAS, the District's current boundaries are more fully described in the
metes and bounds description attached hereto as Exhibit A (the "Current Tract"); and
WHEREAS, the District is currently annexing the additional property, as more
fully described in the metes and bounds attached hereto as Exhibit B (the "Additional
Tracts"), into the boundaries of the District; and
WHEREAS, the City has or will consent to the annexation of the Additional
Tracts, subject to this execution.of this Amendment; and
WHEREAS, the Parties now wish to make certain adjustments to the annual tax
payments made by the City to the District as such payments relate to the Additional
Tracts, and anyy additional land that may be annexed into the boundaries of the District
in the future;
• NOW, THEREFORE, in consideration of the premises, mutual promises,
covenants, obligations and benefits herein contained, the City and the District agree as
follows:
663297 .
•AGREEMENT
1.. The recitals set forth above are declared true and correct and are hereby
incorporated as part of this Amendment.
2. Section 6.01 of the Agreement shall be deleted in its entirety and replaced with
the following: •
6.01. Calculation of Annual Payment.
(a) In consideration of the development of the land within the
District and the related increase in the taxable value of such land to the
City through the acquisition of and construction of the Facilities by the.
District and in order to enhance the economic feasibility of the District and
more equitably distribute among the taxpayers of the City and the District
the burden of ad valorem taxes to.be levied from time to time by the City
and the District, the City agrees to collect and pay to the District a portion
of the ad valorem taxes collected by the City in future years on the land
and improvements within the District (the "Annual Payment"). The
• Annual Payment shall be a payment of a portion of the City's tax revenues
actually collected and'received by the City, exclusive of any interest and
penalties paid_ by the taxpayer to the City and exclusive of any collection
costs incurred by the City. All Annual Payments received by the District
from the City shall be deposited by the District into a debt service fund of
the District and shall be applied solely to the payment of the Bonds and
other debts, liabilities,,and obligations of the District to or for the benefit
of any persons or entities relating to the financing, construction, and
acquisition of all or any portion of the Facilities.
(b) The initial Annual Payment for the .Current Tract shall be at
a rate of $0.15 per $100 of assessed valuation. The initial Annual Payment
for the, Additional Tracts, and any additional land annexed into the
District in the future, shall be at a rate of $0.10 per $100 of assessed
valuation.
•
(c) The Annual Payment shall be incrementally reduced upon
the occurrence of the District decreasing its combined debt service and
operation and maintenance tax rate (the "District Tax Rate").
(d) Once the condition of subsection (c) has been met, the
• Annual Payment shall be reduced by an amount equal to the decrease in
the District Tax Rate. For example, if the Board of Directors of the District
decreases the District Tax Rate by $0.01, then the Annual Payment will be
663297
reduced by $0.01. The Annual Payment will be recalculated annually, and
will continue to be reduced to the extent that the District Tax Rate is
decreased. For example, if the Board of Directors of the District decreases
the District Tax Rate by $0.10, then the Annual Payment would be $0.05
per $100 of assessed valuation. Once the Annual Payment is reduced, it
shall not thereafter be increased, and any increase in the District debt
service tax rate does not affect the calculation of the Annual Payment.
(e) Notwithstanding anything contained in subsection (d), the
Annual Payment associated with the Additional Tracts, and any
additional land annexed into the District in the future, shall not be
decreased until the Annual Payment associated with the Current Tract has
been decreased to $0.10 per $100 of assessed valuation, at which time the
Annual Payments for both the Current Tract and the Additional Tracts,
and any additional land annexed into the District in.the future, shall
decrease at the same rate.
(f) If the District Tax Rate decreases by $0.15, then the City is
thereafter relieved of any obligation to make Annual Payments pursuant
to this Agreement. Any subsequent increase in the District debt service
tax rate does not obligate the City to again make Annual Payments.
2. Except as specifically amended in this Amendment, the Agreement shall remain
in full force and effect in accordance with its original terms and conditions.
3. Capitalized terms used herein shall have the same meanings given them in the
Agreement.
[The remainder of the page is intentionally left blank.]
663297
BRAZORIA COUNTY MUNICIPAL UTILITY
DISTRICT . 8
By:
Jo . Gordon
President, Board of Directors
•
ATTEST:
By:
Roland Garza 6
Secretary, Board of Directors
Aowittuoth
(SEAL) •
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•
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663297
.
a -
IN WITNESS WHEREOF, the parties hereto have executed this Amendment in
multiple copies, each of equal dignity, as of the date set forth on the first page hereof.
•
THE CITY OF PEARLAND, TEXAS
By:
Ci anager
ATTEST:
By:
ity S etary
QEp`RL44 �'�.
PM) Qom+
i 1\ :ca
'fit 1111110%
APPROVED AS TO FORM:
By:
City Attorney
•
•
663297