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Ord. 1555 2018-03-26
ORDINANCE NO. 1555 An ordinance of the City Council of the City of Pearland, Texas, repealing Ordinance No. 1548, Ordinance No. 1549 and Ordinance No. 1551 (Annexation Areas A, C and L); containing an effective date and other provisions related to the subject; and containing emergency, savings and severability clauses. WHEREAS, the City Council of the City of Pearland, Texas, previously initiated the process to adjust its municipal boundaries as provided in Chapter 43, Tex. Local Gov't Code; and WHEREAS, the City Council finds and determines that the repeal of Ordinance No. 1548, Ordinance No. 1549 and Ordinance No. 1551 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 That Ordinance No. 1548, Ordinance No. 1549 and Ordinance No. 1551 are hereby repealed in their entirety, and the boundaries and limits of the City of Pearland, Texas shall exclude all of the territory described in Exhibit"A", "B" and "C" attached hereto and made a part hereof. Section 2. Savings. All rights and remedies which have accrued in favor of the City under this Ordinance shall be and are preserved for the benefit of the City. Section 3. 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 way affect, impair or invalidate the remaining portions, the same shall be and remain in full force and effect. Section 4. Declaration of Emergency. The Council finds and determines that establishing municipal boundaries inures to the public and, therefore, bears directly upon the health, safety and welfare of the citizenry; and that this ordinance shall be adopted as 1 ORDINANCE NO. 1555 an emergency measure, and that the rule requiring this ordinance to be read on two (2) separate occasions be, and the same is hereby waived. Section 5. Effective Date. This ordinance shall be effective to December 31, 2017 immediately upon its first and only reading. PASSED and APPROVED on its first and only reading this the 26th day of March, A. D., 2018. ?1..t TOM REID MAYOR ATTEST: Y NGL NG, 4,6 SEC ETARY ''ognme..... APPROVED AS TO FORM: air DARRIN M. COKER CITY ATTORNEY 2 Ordinance No. 1555 Exhibit"A" ORDINANCE NO. 1548 An ordinance extending the city limits of the City of Pearland, Texas, to include certain land area within certain limits and boundaries and annexing to the City of Pearland the area within such limits and boundaries (Area A, approximately 885 acres of land generally located north of Brazoria County MUD 22, east of County Road 564, south of County Road 92, and west of County Road 48); approving a service plan for all of the area within such limits and boundaries; containing an effective date and other provisions related to the subject; and providing a savings and severability clause. WHEREAS, the City Council of the City of Peadand, Texas, has, following due notice and publication in accordance with the requirements of §43.063, 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 October 9, 2017 and on October 16, 2017, in the 2"° Floor Training Room, Public Safety Building, 2555 Cullen Partway, Pearland,Texas; and WHEREAS, Chapter 43, Tex. Local Govt. Code, establishes the procedures for 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 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 Peadand, Texas are hereby extended to embrace and include all of the territory described and depicted in Exhibits-K and 1 ORDINANCE NO. 1548 "B' attached hereto and made a part hereof, with the exception of the properties identified in Section 3 of this Ordinance which are specifically excluded from this annexation. 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 885 aces, more or less, to be annexed into the City of Peartand, Brazoria County, Texas attached hereto as Exhibit"C' and made a part hereof for all purposes. Such Municipal Service Plan is hereby approved. Sectlon 3. Pursuant to Section 43.035 of the Tex. Local Govt. Code, the City of Pearland offered certain property owners (agriculturally exempt properties) the right to maintain their extraterritorial status and have their properties excluded from this annexation by entering into a Development Agreement; therefore the properties that are the subject of the Development Agreements attached hereto as Exhibits ("D', 'E', 'F', 'G" and 'H') are hereby excluded from the boundaries of this annexation. Section 4. 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 posted at a place convenient to the public at the City Hall of the City of Peartand 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 tF. 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. 2 ORDINANCE NO. 1548 Section S. 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, subject to the limitations contained herein, 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, 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. Section 7. Effective Date. This ordinance shall become effective immediately upon its second and final reading. PASSED and APPROVED on First Reading this the 13th ovember, A. D., 2017. 7i7 to TOM REID MAYOR 3 i ORDINANCE NO. 1548 ATTEST: ,awQ M„, y,. Y•`/NG • • ING �� - C l' SE 1 ETAR '' � wns: PASSED and APPROVED on Second and Final Reading this the 27°' day of November, A. D., 2017. TOM REID MAYOR ATTEST: =gE •b_ SE ETARY z ''. °",,,,,,,n"�,`, APPROVED AS TO FORM: . CrL_ DARRIN M. COKER CITY ATTORNEY 4 EXHIBIT"A" AREA A METES AND BOUNDS DESCRIPTION 895 ACRES MORE OR LESS OUT OF 1.S.TALMAGE SURVEY,ABSTRACT 564 3.5.TALMAGE SURVEY ABSTRACT 566 R.B.LYLE SURVEY.ABSTRACT 538 N.T.&B.RR.CO.SURVEY,ABSTRACT 302 BRAZORIA COUNTY,TEXAS The herein described 895 acres of land, more or less being generally located in the following surveys and abstracts,J.S.Talmage Survey,Abstract 561,J.S.Talnage Survey,Abstract 566, R. B. Lyle Survey, Abstract 538, H.T. & B. RR. Co. Survey, Abstract 302, Braman County Taos; the NORTH line being the most eastedy south line of Southern Trails West Section I according to the plat thanf filed in the Official Records of Real Property of Brazoria County at Clerk's File Number 2006041142, the south line of Partial Replat of Southam Trails West Section I according to the plat thereof filed in the Official Records of Real Property of Brazoria County at Clerk's File Number 2006069858,the southerly line of Southan Trails West Section 2 according to the plat thereof filed in the Official Records of Real Property of Urania County at Clerk's File Number 2008052231 and a portion of the north right-of-way line of County Road 59 (Dallas Rodk the GST line being partially along the east right-of-way line of County Road 48 (Old Airline Road)and the west line of City of Pearind Ordinance 924 and partially along the west line of City of Pearland Ordinance 31;SOUTH line being along the south line of Lots 14 and 10.through Lot 8,of Sarin 77, Allison Richey Gulf Coast Home Company Subdivision (A.R.G.C31.C.S.)according to the plat thereof as filed in Volume 02,Page 98 Brazoria County PW Records,north right-of-way line of County Road 894.and the north line of Municipal Utility District No.22;WEST IS being partially along the east right-of-way line of County Rod 564 (Woodfm), east line of City of Penland Ordinance No. 1035, west line of City of Pearland Ordinance No. 1509 and east line of City of Pearland Ordinance No. 1035; All that certain 895 acres of land,more or less,to be annexed into the City of Pearland and being all or portion of Lots 1-16,Section 84,Lots 1,2.3,6,7,8,9, 10, I I, 15, 16, 17, 18, 19,20,24, 25, 26, 27, 28, 29, 33 and 34, Section 2, A.R.G.C.ILCS., Lots 5, 6, 7, 8, 9, 10, 13 and 14, Section 77 all being out of A.R.G.C.H.C.S. according to the pot thereof filed in Volume 02, Page 98 Brazoria Casty Plat Records and being ow of the above referenced Abstracts,Brazoria County,Texas and being more particularly described by metes and bounds as follows; Commencing at s point marking the intersection of the south line of City of Pearland Ordinance Number 880 and the west right-of-way line of said County Road 48;Thence Southerly 1,320' more or less,with the west right-of-way line of said County Road 48 to a point on the north line of that certain tract desenbed in a deed dated 08.13-1998 from John Garcia Vazquez to Yolanda Vasquez as filed in the Official Records of Real Property of Brazoria County at Clerk's File Number 98-034586 and a point an the south line of said Southern Trails West Section I and marking the POINT OF BEGINNING of herein described tract: 11.11.161.ARPA A.Ma9 1 Page 4 of 59 I. Thence Easterly-60',more or less,to the west line of City of Pearland Ordinance No.924 to a point for corner, 2. Thence Southerly-2,628',more or less,with the west line of City of Pearland Ordinance No.924 and the east right-of-way line of said County Road 48 to a point for comer; 3. Thence Easterly-1,296',more or less,with the southerly line of Souhern Trails,Section 13 according to the plat thereof tiled in the Official Records of Real Property of Brazoria County at Clek's File Number 2013059160 and continuing with City of Pearled Ordinance No.924 to a point for comer, 4. Thence Southerly- 1,220', more or less,continuing with City of Pentland Ordinance No. 924 to a point on the north Zine of City of Pearland Ordinance No.31(100'wide strip); 5. Thence Westerly- 1,435',more or less with the northerly line of City of Pearland Ordinance No.31 to•point fir corner, 6. Thence Southerly-2,970',more or less,with the west line of City of Peadand Ordinance No.31 to a point for caner, 7. Thence Westerly-2,310',more or less,with the north line of a 40'wide roadway(not open) between Lots 3,4, 11, 12,20,21,29,30 of said Section 2,A.R.O.C.H.C.S.and the south line of that certain called 36.8423 goes (Tract 2) described in •deed dated 04438.2008 nom Haddock Constructor to City of Pearland as filed in the Official Records of Real Property of Bravado County at Clerk's File Number 2008018541 to a point for comer; 8. Thence Southerly-1,468',more a lex with the west line of a 40'wide roadway(not open) and the west line of lata 4 and 5 of said Section 2,A.R.G.C.H.C.S.and the east line of that certain called Tract 3, 572084 acres described in a deed dated 04-08-2008 fmm Haddock Construction to City of Pearimd as filed in the Official Records of Real Property of Bnzoria County at Clerk's File Number 2008018541 to a point for ricer, 9. Thence Easterly-2,306',more or less,with the south line of[Lots 5, 14,23 and 32 and the north line of Lots 6, 15,24,and 33 of said Section 2,A.R.O.C.H.C.S.to a point on the west line of City of Peadad Ordinance No.31; 10.Thence Southerly - 2,262', more or leu, with the west line of said City of Pearland Ordinance No.31 to a point for caner; I I.Thence Westerly- 1,240',more or less,with the common line between lata 10, 11, 14 and 15.Section 77 of said A.R.G.C.H.C.S.to a point for coma located an the west right-of-way line of County Road 888; 12.Thence Southerly-880',more or less,with the west rightof-way line of County Rad 888 and the eau line of those certain tracts described in deeds dated 08-09-2013 from Wendy Williams to thegory West as filed in the Official Records of Real Property of Brazoria County at Clerks File?babas 2013030313 and 2013039314 to•point for corner; 11421-161.MFA A41e13 2 Page 5 of 59 13.Thence Westerly-640',more or less,with the south line of said Gregory West tract as filed in the Official Records of Real Properly of Oratorio County at Clerk's File Number 2013039313 m a point for comer; 14.Thence Northerly-2,220',more or less,with the common line of Lou 1,2,3,4,5,6,7 and 8 of said Section 77 A.R.G.C.H.C,S.to a point for tomer, IS.Thence Westerly-660',more or less, with the north right-of-way line of County Road 894 to a point for corner; 16.Thence Southerly- 1,340',more or less,with the west lire of fou I and 2 of said section 77 A.R.G.C.H.C.S and the cut line of that certain tract described in a deed dated 2-10-1998 from Highway 6/ 1532 to Michael J. Prather,et al. as filed in the Official Records of Real Property of Oratorio County at Clerk's File Number 98-008292 and the east line of that certain tract described in a deed dated 07-20-2007 from Kerry M.Scbexngder to Richard E. Okoloise, et ux. as filed in the Official Records of Real Property of Bnmria County at Clerk's File Number 2007042054 to a point for coma; 17.Thence Westerly-2,223',more or less,with a gonion of the north line of Municipal Utility District No.22 and the north line of Laurel Heights at Savannah,Section 8 according to the pia thereof filed in the Official Records of Real Property of Onsoria County at Clerk's File Number 2015042586 and north line of laurel Heights at Savannah,Section 9 according to the plat thereof filed in the Official Records of Real Property of Braaoria County at Clerk's File Number 2015042591 and the south line of that certain tract described in•deed dated 6-28-2016 from Jose Luis Flora,Jr.to Frank Tejano as filed in the Official Records of Real Property of Bmturia Comity at Clerk's Pile Number 2016030286 to a point for caner; I8.Thence Northerly- 1,161',more or less, with a portion of the most northerly east line of Municipal Utility District No.22 to a point for comer; 19.Thence Westerly-403',more or lea with a portion of the notch lint of Municipal Utility District No.22 to a point for cornu; 20.Thence Northerly- 5,423', more or less, with the east right-of-way of Canty Road 564 (Waodfin)to a point on the south line of City of Pearkmd Ordinance No.1035; 21.Thence Easterly-547'.more or las,with the south line of City of Peartand Ordinance No. 1035 and the north line of that certain net as described in a deed dated 06-06-2012 from Housing and Urban Development to Sams E.Rios,a tut.as filed in the Official Records of Real Property of Bntoria County at CIat's File Number 2012025060 to a point on a auve to the right having a mdius of 1,175.92'ad a canal angle of 12"58' II"; Thence the following(2)counts with the south line of City of Pealed Ordinance No. 1035 and the north right-of-way line of County Road 59(Dallas Road); 22.Thence with said curve an arc distance of 266.2',more or less,to a point for caner; 23.Thence Easterly-1,818',mon or less,to a point for comer; 11411-161-AREA/ Mae 3 Page Sot 59 24.Thence Northerly-2,627',more or less,with the east line of City of Penland Ordinance No. 1035 and the cast line of Sonthlake, Section 5 according to the plat thereof filed in the Official Records of Real Property of Bnzoria County at Ckk's File Number 2014037921 and the eau line of Southiake,Section I I according to the plat thereof filed in the Official Records of Real Property of Bnzoria County at Clerk's File Number 2016018809 to e point far carom-, 25.Thence Easterly-2,580'. more or len, with the south line of said Southern Trails West, Section 1 and Partial Repbt of Southern Trails West,Section 1 and Southern Oaks according to the plat thereof filed in the Official Records of Real Property of Brazens County at Clerk's File Number 2016005932 and moat easterly south line of City of Pentland Ordinance Na 1035 and the south line of City of Penland Ordinance No. 1509 to a point for corner, 26.Thence Northerly-830',more or las,with the eau hoe of said City of Peartaud Ordinance No. 1509 to a point for coma; 27.Thence Westerly-600',more or less,with the math line of City of Penland Ordinance No. 1509 to a point for coma; 28.Thence Noitheriy-472',more or less, with a portion of the east line of City of Penland Ordinance Na 1035 and the east line ofaid Southern Ales to a point for area; 29.Thence Easterly - 630', more or less, with the south line of said Southern Trails West, Section 1 to the POINT OF BEGINNING and containing 895 acres of land more or less. "This document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground survey,and is not be used to convey or establish interest in real propetty except those right and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared." This metes and bounds description is accompanied by a separate plat, drawing or exhibit per Texas Board of Professional Land Surveyor's "General Rules of Procedures and Practices" Section 663.19(9). Compiled by C.L Davis&Company Firm No.10082000 lob Number.11-421-16I-AREA A-M&S 08-22-2017 00421.1M.assa41a11 4 Pagel of 59 .r 1 .., . - . '_5 .,....t. . . :: ..'.'.7. . ;^ ;�[ gid #I -! ;gra r. ., "irn1l filet 110 f4 N 0111011 111 WO 1 Illinuom al '''' mirMil , . a us , ______..._._._._T____. _I— 111 . ,, • 71,1: ,' ;e:,-, . t ' y _— --" 6 ,-30,-;;;t.,.,,i , . .. cn ,,rim ,. ; .., -----_i___\.. . i l \ 0=ZZ1.4 .... ',,. . ).444".; Ili� :4: gQ T f ! �v J - n ` o CITY OF PEA RLAND "•• ••.7..'"'" 8.� � proposed Annexation Arca:A • 1...7.-.7.4'.«...2.27. .......747 Exhibit C—Service Plan CITY OF PEARLAND,TEXAS SERVICE PLAN FOR AREA A—895 acres located north of Brazoda County MUD 22, east of County Road 584,south of County Road 92,and west of County Road 48 I. INTRODUCTION This Service Plan('Plan')is made by the City of Peada d,Texas ('Cay')pursuant to Chapter 43 of the Local Government Code(The Act). This Plan relates to the annexation by the City of land located Sent to the City emits and encompassing approximately 895 acres In Brazoda County, Texas. The Tract is described by metes and bounds in "Exhibit K. and by map in 'Exhibit B'which are attached to this Plan and to the annexation ordinance of which ttgs Plan Is a pat. II. TERM: EFFECTIVE DATE This Plan will be In effect for a term of tan years comma ndng on the effect/ft date of the annexation of the Tract. Renewal of this Plan will be at the option of the City.Such option may be exardsed by the adoption of en ordnance by the City Cound i,which refers to this Plan and spedtcaly renews tis Plan for a stated period of time. III. SERVICE PROGRAMS A. In General. The Plan Indudas two service programs: (I) the Early Action Program, dceaibed below,and(II)a Capital Improvement Program according to the Texas Local Government Code,Chapter 43,described below. B. Scope and Quality of Services.This Plan vie provide a level of services,infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure,and infrastructure maintenance crarendy provided and available in other parts of the muni ipawy with topography.Iasi 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 ell areas of the City(including the Tract)wets differing characteristics of topography.land utilization and population density are considered as sufficient basis for providing dMerlrg service levels. C. Definitions. 1. As used In this Plan,'prov1d g services'Includes having services provided by any method of means by with the City extends munidpal services to any other area of the City.This may include causing or allaNng private utilities,governmental entitles and other public service organizations to provide such services,in whole or part. 2. As used in this Plan, the phrase 'Standard Poles 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 NMI*Is made available a provided. The policies and procedures may require that a spedfc type of request be made.such as an application or a petition. They may require that Page 1 o1 5 Paget of 59 fees or charges be paid, and they may include eligibility requirements and similar pmvieons. 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 follovMg services MI be provided in accordance with Standard Policies and Procedures immediately upon the effective date tithe annexation: a. Police Protection: The Police Department of the City veli provide protection and law enforcement in the Tract. These aaMties Mil include normal patrols and responses, the handling of complaints and inddent reports, and, as appropriate.support by special units of the Department. b. Fire Protector,: The Pearland Fire Department(PFD)of the City of Pearland win continue to serve the wee. c. Emergency Medical Service: Currently, the bad l service by the Peartand File Department (PFD) under an agreement with the county. PFD has Firelighters that are EMS trained and carted, and win continue to provide emergency medical service. including ambulance transpo atlon services,eo the Tract. d. Solid Waste and Recycle Cdkction: Service vii be provided to eligible • property by private cunbedor, under combed with the City.To be eligible or City solid waste and recycled cofactor service,property must have frontage on a pubic net or other approved location and place solid waste in containers approved for the specific type of occupancy.My person currently being serviced by a privately owned solid waste or recycling management service provider may continue to use that service for two years after the effective date of the annexation.Those who receive services from the City's solid waste and recycling colecton contractor win be tined for the service,in Decadence with the contract between the City and the solid waste contractor. e. Operation and Maintenance of Water and Wastewater Facilities: Existing public water and wastewater fedi des,If any,will be operated and maintained by the City or by private contractor under contact to the City. f. Operation and Maintenance of Road and Streets(Including ugh g)Existing public roads and streets (Including county roads), and lighting and MOM coned devices,If any,wit be operated and maintained by the City,subject to the jurisdiction of other governmental entitles. Stale highways end larnto- market roads remain the primary raepo redly of the Texas Department of Transportation, for Stance. Existing maids drainage ditches not maintained under the jurisdiction of another entity (such as Texas Department of Transportation)will be operated and maintained by the City. Operation and of Playgrounds and ng Pools: • g. Existingpublic parks, playgrounds, and swimming pods, If any, wit be operated and maintained by the City. Facilities owned and operated by Page 2 d6 Page 10 of 59 homeowner's associations(HOAs)will continue to be owned and operated by the respective HOAs. h. Operation and Maintenance of Any Other Publicly Owned Facey.Building or Service: Existing pubidy owned or operated facilities,buildings,or services, if any. nil be operated and maintained by the Cay or by private contractor under contract to the City. 2. Additional Services. Certain services, In addition to the statutory services, wit be provided in accordance with Standard Policies and Procedures within the Tract to the erne extent they are provided to simper territories elsewhere in the City.These are as folows: a. Library Service will be provided from existing ladatba and More facilities outside the Tract. Residents of the Tract nil be eligible for borrowing privileges at City/County librertes 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.groom and Menai Services related matters. c. Code Enforcement personnel vd/ enforce the City's housing code and ��ping of refuse.motor vehides, high weeds, unsafe buildings, and d. Other City Services,to the extent applicable to prams or properties within the Tract. In accordance with standard pokes and procedures cull be provided. E. Capital lmproveme t Program As necessary, sire City will Skate the construction of certain capital improvements necessary for providing municipal services for the Tract.Those improvements.which are necessary,we indicated below.Access to the improvements will be in accordance with Standard Policies and Procedures. The improvements shell be completed as soon as • reasonably possible and shall be substantially completed within the time period Indicated beim. 1. Police PMav6on:Additional capital improvements are not necessary at tea time to provide poke protection. The Tract will be included with other territory in connection with planning for new,revised,or expended public safety tackles. 2. Fra Protection: Additional capital improvements are not necessary at this time to provide tea protection.The Tract wit be Included with other territory in connection with planning for new,revised,or expanded public safety iodatles. 3. Emergency Medical Service: Additional capital improvements are not necessary at Ohs pia to provide emergency medical service.The Tract will be included with other territory In connection With punning for new. revised, or expanded public safely ladies. Page 3 a5 Page 11 of 59 4. Solid Wade Collection: No capital improvements we necessary et this time to prcvlde 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: Additional capital Imp veme is are not necessary at this time to service the tract The cost of hese connections to available was and sewer lines will be the responaibitty of the Tract owners,as it Is within the waning City utility system folkway standard policies and procedures.Impact fees also will be assessed at the ens of future canections to the Citys utility system or upon issuance of building permits for lots developed within the Tract. The City will make wastewater Vestment capacity in existing or future wastewater treatment bits butt and operated by the City available for the Tract. Construction of facilities to collect and transmit wastewater to treatment plants will over as development occurs in end wound the tract. Facilities w111 be constructed by either the City or private developer. The City wit make potable water capacity available from existing or Mute sources butt and operated by the City available to the Trac. The City currently operates its own ground water wells and purchases wholesale sutfece water via contract from third parties.Construction of facades to collect and transmit water to the tract will occur as development oasis in and around the tract.niceties will be constructed by either the City or povote developer. 6. Roads and Sheets (including lighting): Additional roads, streets, or related facilites am not necessary at this tine to sane the tract Future extensions or widening of roads or steels 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 cult be included with other territory in commotion with(taming for new,revised,widened.or enlarged roads,streets, or related facilites. T. Parks. Playgrounds, and Swimming Pools: Mdelvul capital improvements are not necessary at this lime 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 Fealties,Building or Services:At other City functions and services, and the additional services deathbed 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 wit be included with other territory In connection with planning for new, revised, or expended facilities, buildings,or services. IL AMENDMENT: GOVERNING LAW This Plan may not be amended a repealed except as provided by the Ac 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 wit constitute amendments to this Plan and the City reserves the right to make such changes.The Page 4 of 5 Page 12 of 59 Plan la suited lo and wi be kiterpreted when in accordance with the Ad,the Constitution end laws of the federal governments of the United States of Amblce and the State of Texas.and the orders,NW and reputations of governmental bodies and officers having Jurisdiction. HI. FORCE MAJEURE • Should a force matter. interrupt the service described herein. the City will resume services under this Plan within a mooned., Oma after the canton of the force moisture. 'Form Majeure,'lax the purpose of this Plan tide iku de,but not be WSW to.sets of Cad,acts of the public enemy,was blockades,Insurrection,riots.epidemics.landslides,lightning,earthquakes, fire. storms, floods, washouts, droughts. tornadoes, hurnames, arrests and restraints of government, explosions, collisions and oder Inability of the City. whether similar to those enumerated or oCaidse,with is not within the control of the City. IV. ENTIRE PLAN This document contains the entire and Integrated Salim Plan Song to the Tract. and supersedes all other negotiations, representations, plans and agreements.whether written or oral. Page i of IS Page 13 W59 STATE OF TEXAS § RAglA1pillApt 01UR1 COUNTY OF BRAZORIA 4 lII71gY IS ANII108 clitaIMMIUMALLOCAILOMMAIMIC QEVffi.OPMl7f AGREEMENT This Agrommt is entered into pursuant to Sections 43.035 and 212.172 of the Texas Local Government Code by and between the City of Peerleod,Texas(the"City')and the undo signed property owmr(s)(the"Owner"). The term"Owner"includes all owners of the Property. WHEREAS, the Owner owns a parcel of real property (the "Property") in Bacteria County, Texas,which is more partial/aft and separately described in the attached Exhibit"A";and WHEREAS,the City has begin the process to institute annexation proceedings on all or portions of Owner's Property;and WHEREAS, the Owner desires to have the Property ronin in the City's extraterritorial jurisdiction,in consideration for which the Owner agrees to oder into this Agreanent and WHEREAS, this Agreement is entered into pursuant to Sections 43.035 and 212.172 of the Texas Local Government Code,in order to address the desires of the Owner sat the procedures of the City;and NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree es follows: Section 1. The City guaa tees the continuation of the extra aritorial sem of the Owner's Property,its iumrudty from mention by the City,and its immunity from City property taxes, for the tam of this Agreement,subject to the provisions of this Agreement. Except as provided in this Agmement,the City agrees not to annex the Property,agrees net to invohnmily institute proceedings to emcee the Property,and Rather agrees not to include the Property in a statutory annexation plan for the Tam of this Agreement. However,ifthe Property is annexed pursuant to the tams of this Apr ement,then the City shell provide services to the Property pu s ant to Chapter 43 of the Texas Loll Governmeat Code. Section 2. The Owner mvaanb and agrees not to use the Property for any use other than for agriculture,wildlife manrig meet.sailor timber land consinent with Chapter 23 of the Texas Tax Code, except for existing single-family residential use of the property, without the prior written consent of the City. The Owner covast and agrees that the Owner will not file any type ofwbdirWon plat or related development document for the Property with Brasier Comity or the City t.Sl the Property hes been annexed into, and mood by, the City. The Owner comers ad agree net to construct,or allow to be omMeted,any bdWng on the Property that would require a building permit if the Property were in the city limits,until the Property has been emceed into,ad shoed by,the City. The Owner also covenants and agrees the the City's f Page 14 of 59 Suburban Development(SD)District xcoiog requirements Rely to the Property, and that the Property sell be used ally for Suburban Development(SD)District zoning uses,m dumbed in the City's Unified Development Code,that mist oo that Property et the time of the execution of this Agreement, unless otherwise provided in this Agreement towevm, the Owner may construct an aoouancy Mean to an misting single family dwelling in compliance with all spp)irable City mdlmios and code The Owns acknowledges the each end every owns of the Ptolemy must sign this Agreement In order for the Agreement to take lidl effect and the Owner Mw signs this Apeman townies and agrees,jointly and aeveMly,to indemnify,bold harmless, and defend the City spinet any end all lepl claims, by any person claiming an ownership interest in the Property who has not signed the Agreement,airing in any way from the City's reliance an this Agreement. Section 3.The Owner acknowledges the if soy phis or Mimi development documents filed in violation of this Apeerom, or if the Owner commences devdopmam of the Property in violation of this Agreement,the in addition to the City's other ties,such act will constitute a petition tar voluntary annexation by the Owner,sod the Property will be subject to annexation at the discretion of the City Camel The Owner agrees the such imitation shall be voluntary ad the Owner hereby consents to salt sweetie*thou s though•petition for such annastion had been teakered by the owner.lfaanntion proceedings begin pursuant to this Section,the Owner mckmowledges that this Agreement serves s an exception to local Government Code Section 43.032,+agtdring a mtmicipstity to me certain*analogy procedures oder an annexation pm. Pmthmmore,the Owner hereby wino any and all vested rinks and claims that they may eve under Section 43.002(ax2)end Chapter 245 of the Texas Local Government Code that would orherwbe exist by virtue of any actions Owner has taken in violation of Section 2 herein Section 4.Pursuant to Sections 43.035(bXlXS)of the Teas Local Government Code,the City is authorized to enfant all of the City.wgulatione and planning authority that do net menially interfere with the use of the Property for apiculture,wildlife managaned,or timber,in the sane mamas the regulations we atoned within the City's boundaries. The City sons and spemRally nerves its tuthmity pursuant to Chapa 251 of the Texas Local Oovemment Code to teatime mint domain over property that is subject to a Chapter 43 ad/or Chapter 212 development agreement Satin 5.The term of this Agreement(the Term')Is five(5)yen from the dale thst the City Manna's signature to this Agement is acknowledged by•public notary.The Owner,ed all of the Owner's heirs, successors and saps shall be deemed to have filed • petition foe voluntary annexation before the ed of the Tern,for eeexakn of the Property to be completed on or after the ed of the Term.• Prior to the ed of the Term, the City may cemmenes the notaanry enneetinn of the Property. In connection with annexation pursuant to this make,the Owners hereby waive any vested rials they may have under Some 43.002(5x2)and( npter 245 of the Tons god Government Code that would otherwise exist by virtue of any plat or construction any of the owner nay initiate during the time between the expation of this Agreement and the institution of annexation proceedings by the City. Section 6. Property annexal pnmot to this Agmemat will initially he zoned AO — Assiadnsal Open punned to the City's Code of Ordinance, pending detmmkdao of the property's permanent zoning in accordance with the p oto=of applicable law ad S City's Code ofOrdinance. 2 Page 15 of 59 • Section 7.My person who sells a conveys anyponos of the Property dr0,Pine to such Sc or conveyance,give sodden notice of this Apeman to the prospective prcba u or grantee,and shell give write notice of the sale or conveyance to the City.Falhamae,the Owner and the Owner's heirs,successor,and assigns shall gin the City written notice within 14 days of any change in the apiallasl so>mpim atelier of the Property. A copy of either notice required by this section dull be forwarded to the City at the following address: City of Penland Asn:City Manager 3519 Liberty Drive Pearlwl,Texas 77584 Seaton S. This Apemen shall is binding icon the City and the Owner and their respective successors and assigns for the Tam and nm with the Property sod be recorded in the ml property records of Bram&County,Texas. Section 9.If a wart of competentjurisdiction determines dist any comma of this Agreement is void a unenforceable, including the covenants reading icy alnnsation, the, the rear of this Apamoa shat remain in full force and effect Section 10. This Apeemme may be enforced by any Owner or the City by any proceeding a law or m equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Apemen thereafter. Section 11.No subsequent change In the law reeding anosaalen shall affect fee mforaability of this Agaemmt or the City's ability to win the properties covered herein pursuant to the tams of this Agreement Section 12.Venue for this Apeemme shall be in emote County,Tan Section 13. This Agreement may be sapaaely executed in iodlvidual counterparts and, upon executed,shall meditate one and®e interned Section 14. This Agreement shall survive its lamination to the anent necessary for the implementation of the providom of Sections 3,4,and 5 Mein. Earned into this /Say of /gar.'it201!" 3 Page 16 of 59 1 ' � / Owner r-, PSIS 4444 C900 JiECAF ,N.E,5Gri6ArEXEC4Ml- On PeiviedN,mc On Printed Neer On Printed Hamm are Pa= Ott Maw,Chy°MELnd.Tar 4 Pegs 17 of 59 141kstomas iFst THE STATE OF TEXAS { 41 1 *rip 4 COUNTY OF BRAWRLA 4 This / Waned tha twas� oaled8ee before me s the /f thy of // IV 54 page,ire atTaaa' THE'TATO 47Tfl1AS COUNJY OP MN Ybmst woe edmorMdeed beton me an the dq of 2015.1:g Omar. NOWy PabBe,SmmatT�sm ME STATE OF TEXAS COUNTY OP N.Its ws a3swdetlp1 before me Wee day of 1815,by ,Owam. Noun Peelle,Smtearea THE STATE OF TEXAS COUNTY OP ml.rbameet WWI ael walled before ma s the art of 2015,by NmmyPddle,Sus aflame THE STATE OF 78XAS COIMM OF} Mb StraIwreosmwNdpd bean areas the dei of 2015,byCloy Pianos,Clgbaae-a,cte Peer ad,Taxa. Nary Ha SmMafTew S Page 18 of 59 Exhibit A R ry.uaaa S ! e.)i '" •• v ...—v E O IJIh 1.41.1. _...._„__ .!.:. W c �. N m ` IHIJI a + S ovill m P g aFa jL co 11 1 . II S �� H v Ua 0 a 3� - � a � s�m es$ *- ho 7 -Ai elm +i J J W m •• a • S l'' 1o I b. "14000111001. ' I City of Paedand H`y'Cvi ivrh' J sRft[}y Tr, ' 3518 Liberty Drive ad P410 etensa, 5 II `117T el:PEAM AND prlerldOcgov T r F o�4771..1115k October 23,2017 Greetings Property Owner(s): . The records of the Braroda County Appraisal District Indicate that you we the oaaar of the real Properly iderdified by Agricukurd Property IDnumber(hereinafter referred to s Subject Property) on the enclosed map.Those records also show that the referawrod real property Is appraised for ad valorem tax purposes as land used for agriculture,widkle management,or timber. The Subject Property k located in the extraterritorial jurisdiction(ETJ)of the Cky of Peariand(the 'City').The City Intends to exercise kis right to erns drain land currently located In Its ETJ,and the Subject Property is located wtlir the proposed annexation. Pursit to Section 43.035 of the Teas Local Goverment Code,the City offers to you es the dews of the Subject Property the enclosed development agreement(the AOresmem'). Pleas carefully review the Agreement, as It Is a legal contract to Witch you would be bound if you ere to k. As such,if you loose to accept k the Agreement would stied Your legal rights. You may contact Joel Hardy with the Ciys Administration DepaMard with general questions about this process,put please consult yow own attorney if you need Meal advice or answers to specific legal questions. Mr.Hardy may be reached by phone et(281)852-1795 or via email at If you would Bae the Subject Properly to be covered by ger Aliraansd.please have atl owns sign the Agreement on the deer iaa(s)and point each name below the signature. Afar signing, the Agreement win need to be adu.cSedged before a notary pubic,after which you may span It to us using the endosed.self-addressed.stamped envelope You may also hand deliver the Agreement afar signing and having It notarized before one of the atys notaries. The Chit faouesa that you make a decision regarding whetbar you will accept the Agreement on or before November 17.2017 if you do not return the executed Agreement to the City by that deadline,we will consider your inaction as a rejection of the Agreement. N you are NOT an owner of the Subject Property,or If the Sub)ed Property is NOT appraised for egrkxAae. wildes management, or timber use, phase notify W. Harry at yaw earnest convenience so that Man update our Information to ensure that you are not erroneously affected by the Ckya proposed annexation. Joel • .Interim Assistant City of Perles Page 21 of 59 4 COUNTY OF BRAZORIA § CHAPTER 43 TEXAS LOCAL OOVERNMR?(T C lf)P This Agreement is entered into pursuant to Sections 43.035 and 212.172 of the Texas Local Goverment Code by and between the City of Penland,Taus(the"City')and the ondesigned property owner(s)(the'Owner). The tem"Owner•'includes d1 owner of the Properly. WHEREAS, the Owner owns •pared of nal property (the "Property') in Brmria Canty, Texas,which is mote particularly and sepwalely described in the attached Exhibit"A";and WHEREAS,the City las begun the process to institute annexation proceedings on ell or portions of Owner's Property,and WHEREAS, the Owner desires to have the Property remain In the City's amatmitariat jurisdiction,in consideration for which the Owner agrees to enter into this Agreement and WHEREAS, this Agreement is eaaed into pursuant to Sections 43.035 and 212.172 of the Taxa Local Oovannent Code,in order to address the desires of the Owner and the proahm of the City;and NOW, THEREFORE, in congdanim of the mutual covenants contained herein, the parties hereto agree as follows: Section 1. The City guarantees the continuation of the extraterritorial status of the Owner's Properly,is immunity from anoeratim by the City,and its immunity faro City property taxes, ' for the tam of his Agtaman,maggot to the provisions of this Agreement Except as provided in this Agreement,the City eras not to annex the Progeny,asters m to Involuntarily institute (eooeedags to omen the Pmpa%end father apart not to Include the Property in a statutory annotation plan for the Tam of this Averment However,if the noway is armored pummel to the tams of this Apeemmu,tam the City shall provide services to the Ptopaty pursuant to Chpter 43 of the Texas Local Oovaranmt Code. Section 2. The Owner con and agrees not to use the Property for a ty tee other than for agdcultute, wildlife mamgemml,and/or timber lend consistent with Chapter 23 of the Texas Ta Code, exam for editing aiagla&mEy Sendai use of the property, without the prior written oared of the City. The Oona covens and egrets that the Owner will not file any type of subdivision plat a related developmrmt document for the Property with Bravais Comfy or the City until the Remaly hes beat entered Into, and rased by. the City. The Owner =WOWS and agrees not to construct,Of allow to be aomnaed,any buildings on the Property that%veld expire•building pem(t if the Properly were in the city Emit,moil the Property has base amaed is and arced by.the City. The Owner also cossets and agrees tot the City's f Page 22 of 59 u....euy.,..,u vast) u sauna' .Wuurauuw appy us a: rrulwy.amu uew we Propatyshal1 be used only for Suburban Develops/nit(SD)District zoning uses,as described in the City's Unified Development Code,that exist on that'innerly at the time of the execution of this Agreement, Seas othmwbc provided in this Agreement However, the Owner may construct en accessory structure to an existing angle Emily dwelling in compliance with all applicable Ory ordinances and codes. The Owner acknowledges that each and every owns of the Property must sign this Agreement in order for the Agreement to take felt effect, and the Owner who sips this Agreement covenants and agrees,jointly and serenbly,to indemnify,hold ba tlem, and defend the City against any and an legal claims by any person claiming an ownership interest in the Property who has nes signed the Agreement,rising in any wry from the City's reliance on dos Agreement. Section 3.The Owner atmwiedges that if any pia or related development document is filed in violation of this Apeman; or if the Owner commences development of the Property in violation of this Aceanent then in addition to S City's other remedies,tech act will constitute a petition for voluntary annexation by the Ower,and the Property will be subject to annexation at the discretion of the City Council. The Owner agrees that arch a neousion shall be voltmeter), and the Owner hereby consents to ma annexation as though a petition for such annexation had been taidered by the Ower.If annexation proceedings begin pursuant to this Section,the Owner acknowledges that dela Apeemane nerves n an exception to Local Oovanoant Code Section 43.052, requiring a municipality tome certain statutory procedures ender an annexation pen. Furthermore,the Owner hereby waives any and all vested rights and claims that they may have under Section 43.002(a)(2)and Chapter 245 of the Tarn Local Government Code that would otherwise exist by virtue of any actions Owner has toren in violation of Section 2 herein. Section 4.Pursuant to Sections 43.035(b)(1 XB)of do Texas Local Government Code,the City is authored to enforce all of the City's vegetational and planning shanty that do not menially interfere with the use of the property for apicutmq wildlife management,or timber,in the ane mama the regulations we eofaced within the City's boundaries Ther City states and specifically wawa its authority pvwat to Chapin.251 of the Texas Local Government Code to exercise mined domain over popaty that is subject to a Chapter 43 and/or Chaptw 212 development agreement. Section 5.The tam of Nus Apeman(the'Tam'is five(5)yews from the date that the City Manger's sirens to this Areas*is acknowledged by a public nary.The Owner,and all of the Owner's hon, summon and assigns shall be deemed to have filed a petition for voluntary annexation before the end of the Tam,for annexation of the Property to be completed on or after the end of the Term. Prior to the end of the Term,the City may COMMON the voluntary annexation of the Property. In connection with annennion pmsusm to this section,the Owers hereby waive any vested rights they may have redo Section 43.002(1)(2)and Chanter 245 of the Texas Local Government Code that would otherwise exist by virtue of any Mat or construction act of the stun may initiate during the time betwoao the expiation of this Agreement and the institution ofaooeret m poceodings by the City. Section 6. Property amazed pryer to this Agreement will initis ly be zoned AO — Agriahurd Open pat to the City's Code of Ordinances, pending detom6Wm of the property's pe m car zm6eg in accordance with the provisions of applicable law ad the City's Code of Ordinances. 2 Page 23 of 59 saws ,.may yaws VOW KW ua wuraya ally yasw In us rrsyer,y away WIN w MIC,we or conveyance,give written notice of this Agreement to the prospective purchaser or pantee,and shall give writtm entice of the sale or conveyance to the City.Furthermore,the Owen and the Owner's beim suceerer,and assigns shall give the City written notice within 14 days of any change in the sg ie Wal exemption status of the Property. A copy of eider notice required by this section shall be forwarded to the City at the following address: City of Pearland Attn:City Manager 3519 Liberty Drive Penland,Tens 77584 Section 5.This Agseemem shell is binding upon the City and the Owner and their respective successors and assigns for the Term and nm with the Property and be recorded in the real prepaty records of Brand*Canty,Tenn Section 9.If a court of caopetm jurisdiction determiner that any covenant of this Agreement is void or unenforceable, including the covenants regarding mvohmhay mac ration, then the remainder of this Agreement shall remain in full fora and effect. Section 10.This Agxmmmt may be enforced by my Owner or the City by any proceeding et law or it equity. Failure to do m shall not be deemed a waiver to enforce the provision of this Agreement thereafter Section I I.No subsequent charge in the law regarding ane ation shall affect the enforceability of this Agreement or the City's ability to annex the pmperier covered herein pursuant to the teens of this Amman Section 12.Venue for this Agreement shall be in Bramria Corny,Texas. Section 13.This Agremmt may be rpratcly executed in irabvidual counterparts end, upon execution,shall coustinen ane and same instrument Section 14. This Agmmmt shall survive its tamrmtlion to the exbm necessary for the implearemtim of the melons of Sections 3,4,and S herein. Enteredhallo this day of 2015. 3 Page 24 of 59 OVAlt Pilled Ns R&att o Chola Omar a, e4# -- MOM tt MMD. Es1s1ow C%1Wc- o.em Haled Nom oerr ra.eeawme: arrhonon Cit Hen - •Cityetreedeed,To 4 Pepe 250159 4 COUNTY OF BRAZORU § This instrument was sdmowladged before me on the (31b. day of h1O'rew:oat peri A, ,Owner. Notary/ �`?�� vae. alma 'I 11 THE STATE OF TEXAS Ipt0 COUNTY OF brow W. This instrument was admowiedged before me on the 1344 day of N1YlMIa.! 7Wirby aa_ _ Owner. Ir , l -... aea,5a Woara mrbn ION . ,, `. . Ana u.1111111 I THE STATE OF S COUNTY OF This mammal was acknowledged before me on the day of 2015,by ,Oweer. Nobly Public,Sere dTem THE STATE OF TEXAS COUNTY OF This Manama was arbowWyed before me on the dayof 2015,by ,Ownerr. Notary Public,State of Tens THE STATE OF TEXAS COUNTY OF) This lNrvmwl was WnowW$sd Wont a q on the day of 2015,by Clay Ponoo,City Mayer,City of Pomland,Texas Notary Public,SW of Tana S Page 26 of 59 Exhibit Pigs 27 alai 6c)o 8Z 96ed fljfl �y._. CI ▪ e y�p C O TO 14g ritlg QI. :i 1i a 4 14 c c$ � �' �4 O44° _E 48 w r N 're 8 s< c o.. S4 ^ � 9 � L at4 0.1 Lo _ lq • r. 0G. OUa ato j - r EA CI` :**11,4r: o u nK b, fi i , w•w elk ' 1 eY f f„ f." sc ti. lite ,+$..t.:. • qIP,I pllrr e ,:r t cvl ��rfrl City of P.rtead 5 r 3519 Utterly y d -IP : e II 176 etJ �'rlt Portend,Texas 77581 lTal:281.852.1808 PEARI-AND patantgev `' ' October 23,2017 Greeting Property Owwr(s): . The records of the Braada County Appraisal DStIt aka But you we the owner of the r properly Ideated MAPS Property ID number(heather referred to a Subject Propel on the enclosed map.TMs records So show at the raf s ad real property is apprised ed talons tax pupoas and used for agriculture,waifs management,at timber. The Subject Property is located In the earatenfrW palaOWon(ETJ)of the Cly of Parind tey').The City ands to exams b right to roux arta les red currently hated in Is ETJ,a the Subject Properly Y bested whim the proposed annexation. Prsuatd to Section 43.035 the Tem Late Government Code,the City Sent to you a the as of U.Suaject Props the enclosed development agreement Ohs'Agreement". Pleas carefully review the Apsered,a it Is a legal carat to wltoh ya would be berm to It. As gal,If yOU choose to accept X the Agreement aid effect yow legal rig Yam�contact Joel Wray with the City's AdmINabmbn Dastard with general 9WMIc about Sys pace,but glees consult your own attorney If you need legal advice or answers ep.Slc teller questions. Mr.Nerdy may be readied by phone el(281)852-1795 or Hs small gan4apsarlandtx aOv. If you would the the Subject Property to be covered by the Against,*MOO have N own sign the Aperient on U.owntnt(s)and pint each saw beide the signature. Aber sign the Agreement vS reed to be adaawIlped before a nosy pubo,after which you may ten k to is Wisp the arclost self-addressed stamped envelops. You may ase hand delver I Adamant alis signing and ha*ig it nolenad before new of the Cly, notarise. The C requests that you make a decision rardino whether you will accent the Agreameat an before November 17.2017. N you do not reran the executed Agreement to the City by V dada,we wi consider your inaction a e Salon of the ASrasrert. If you ere NOT an owner of the Subject Property,or If Si.Subject Property Is NOT appraised agriculture. Sae management, or timber us. please notify Mr. Hardy M your earn anwfMae goat hecan Sae orHrmMan to e,tze mit you we not erroneouelyaffect by the awe proposed...-- 1. Reg S. • Joel dy, Minn M11!garment Awlerrd Oily of Portend Page 29 of 59 STATE OF TEXAS § COUNTY OF BRAZORIA § CHAPTER 43 TEXAS LOCAL GOVERNMENT CODE ,OPMRNT AGREEMENT This Agreement is entered into pursuant to Sections 43.035 and 212.172 of the Texas Local Government Cade by and between the City of Pearland,Texas(the"City)and the undersigned property owner(s)(the"Owner'). The term`Owner"includes all owners of the Property. WHEREAS, the Owner ower a parcel of real property (the "Property") in Maoris County. Texas,which B more particularly and separately described in the attached Exhibit"A";and WHEREAS,the City her begun the process to institute annexation proceedings on all or portions of Owner's Property;and WHEREAS, the Owner desire to have the Property remain in the City's extntdritorial jurisdiction,in consideration for whidr the Owner agrees to enter into this Agreement;and WHEREAS, lila Agreement is entered into pursuant to Sections 43.035 and 212.172 of the Texas Local Government Code,in order to address the desires of the Owner and the procedures of the City;and NOW, THEREFORE, in consideration of the meal covenants contained herein, the panes hereto agree as follows: Section I. The City guarantees the commence of the artralarharid statue of the Owner's Properly,its t®unity Bore emexalioo by the City,and its immunity Som City property taxes, for the term of this Agreement,subject to the provisions of this Agreement Except as provided in this Agreement,the City agrees not to amex the Property,agrees not to involuntarily institute proceedings to.mmmax the Property,and father agrees not to include the Property in a statutory annexation ptan for the Tam of this Agreement However,if the Property is annexed pursuant to the terms of this Apeement,then the City shall provide services to the Propsny pursuant to Chapter 43 of the Texas Local Government Code. Seedon 2. The Owner covenants and agues not to use the Property for any use other then for agrierda+e. wildlife nnmrgenant,aallor timber land coattail with Chapter 23 of the Texas Tax Code, except fit aiding atingle-family residential use of the property, without the prior written coram of the City. The Owner cove rota and agrees tint the Owner will not file any type of subdivision phot or mated development document for the Property with Broaerta County or the City until the Property W been annexed into, and meed by, the City. The Owner covenants and agrees not to construct,or allow to be contracted,any bdldinp on the Property that would require a balding permit if the Property were in the city limits,until the Property bee been annexed into,and armed by,the City. The Owner also covenants and agrees that the City's 2 Page 30 of 59 Suburban Development (SD) District inning requirements apply to the Properly, and that the Property WWI be used only for Suburban Development(SD)District ening roes,as described in the City's Unified Development Cade,that exist on that Property at the time of the execution of this Agreement, unless otherwise provided in this Agreement However, the Owner may construct an accessory structure to an existing single family dwelling in compliance with all applicable City ordinances and codes. The Owner acknowledges that each and every owner of the Property must sign this Agreement in order for the Agreement to take full effect,and the Owner who signs this Agreement covenants and agrees,jointly and sevenbly,to indemnify,hold harmless, and defied the City against any and SU legal claims, by any person claiming an ownership interest In the Property who has not signed the Ag'eeeot,arising in any way front the City's reliance on this Agreement. Section 3.The Owner acknowledges that if any plat or'elated development document is filed in violation of this Agreement, or If the Owner commences development of the Property in violation of this Apeman,the in addition to the City's other remedies,such act will constitute a petition for voluntary annexation by the Owner,and the Property will be subject to annexation at the discretion of the City Council. The Owner agrees that such annexation shall be voluntary and the Owner hereby comaNs to such annexation as though•petition for such annexation had been tendered by the Owner.If annotation proceedings begin pursuant to this Sections the Owner acknowledges the this Agreman serves as an exception to Local Governer Code Section 43.052, requiring•ramicipality to use mann statutory procedures under an annexation plan. Fwtha ore,the Owner bobby waives my and all vested rights and claims that they may Mn wrier Section 43.002(x)(2)and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any actions Owner has taken in violation of Section 2 herein. Section 4.Perrot to Sections 43.035(bX1 (B)of the Texas Loud Government Code,the City is authorized to etc all of die Cry's mguhtims and planning audacity that do not materially interfere with the me of the Property for agriculture,wildlife management,or timber,in the re manner the tegdaiom art enforced within the Cites bmgrdaries. The City nates and specifically maws 0s authority pmawn to Ch•pn 251 of the Texas Lod Government Code to exercise edrmt domain over property that is subject to a C7upar 43 and/or Chapter 212 development agreement. Sachin 5.The term of this Agreement(the'Term")is five(5)years from the date that the City Mimeses signature to this Agreement is acknowledged by a public notary.The Owner,and all of the Owner's heirs, gutta rs and assigns shall be deemed to lave filed a petition for voluntary saaexaim before the end of the Tam,for enoestlou of the Property to be completed on or after the end of the Tam. Prior to the ed of the Term, the City may commune the vohatoy annexation of the Property. In connection with arms atioo pursuant to this section,the Owens hereby waive any vested rights they may have under Section 43.002(a)(2)and Chapter 245 of the Texas Local Government Code din would otherwise exist by virtue of any plat or cautmetion soy of S owners may initiate during the time between the expiration of this Agrmnad and the institution of annotation proceedings by the City. Section 6. Property annexed pursuant to this Agreement will initially he zoned AO — Agridnual Open pursuant to the City's Code of Ordinances, pending Surer of the prodeaofyOardrone inp zoning in accordance with the povidone of of applicable lawd athe City's Co 2 Page 31 of 59 Section 7.Any pane who sells or conveys any portion of the Property shall,prior to such sale or conveyance,give written notice of this Agreement to the prospective purchaser or grantee,and shell give written notice of the sale or conveyance to the City.Furthermore,the Owner and the Owner's heirs,successor, and rips shall give the City written notice within 14 days of any change in the agricultural exemption sans of the Property. A copy of either notice required by this section shall be forwarded to the City at the following address: City of Pearland Attn:City Manager 3519 Liberty Drive Pearland,Texas 77584 Section 8. This Agreement shall is binding upon the City and the Owner end their respective succession and assigns for the Tam and rim with the Property and be recorded in the real property records of Brazed/County,Texas. Section 9.If a court of competent jurisdiction determines that any covenant of this Agreement is void or unenforceable, including the covenants regarding involuntary animation, then the remainder of this Agreement shall remain in full fora end effect. Section 10.This Ag eanent may be enforced by any Owner or the City by any proceeding at law or in equity. Failure to do so dell not be domed a waiver to enface the provisions of this Agreement thereafter. Section 11.No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to the terms of this Agreement. Section 12.Venue for Ins Agreement shall be in Brazoria County,Tens. Section 13. This Agreement may be separately exanned in individual coi nlapars and, upon execution shall constitute one and same insinunent. Section' 14. This Apaanan shall survive its tenoirrtioo to the extent necessary for the implementation of the poviaine of Sections 3,4,and 5 herein. Entered into this day of .2015. 3 Page 32 al 59 P,iomd Naos: jVIM Leonel Romeo; hnenmasi- OooPNNMed Nome: Karim. Lsse+h Ranco Ones Primed Nome: Chimer Pdated Nema Cloy Pan City Mar,City of Peednd,Tan 4 Pepe 33 tin THE STATE OF TEXAS § 5 COUNTY OF BRAZORU § This instrument was acknowledged hefare mem the MOM do of Vaodember awl ROTS,by • Lttn1L1 Qwmaro .Owner. ir,4 CAMS Co.WORE THE STATE OF f. ) fa �y=warm TEXAS =tit* Nie _. I COUNTY OF e,rtaor TAle instrument was acknowledged before me at the 11343/4 day of A1wNataegc r . Eby ... .. Ran r Owner. tAfer e. Notary r,`T Ir0,t stw cowoan aMos THE STATE OF COUNTY OF .This imtrmtwnt was acknowledged before me on the day of 2015.by Notary Public.Sum of Texas THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me mthe _day of 2015.by .Owner. Nomry Public,State of Tea, • THE STATE OF TEXAS COUNTY OF) Thk insinumet was aet o whdged before mem the day of 2015,by Clay Paola City Manager.City of Panama.Tent Rory Public,State of Texas 5 Page 34 of 59 Exhibit A 35 40. Ar A t: Z ,., .,, < //I/4:4 6 .. -. ..,....1 2 i f i N 3 '1 a.tr71.1 1 40 . § t "tt ix _ c,.. I 1 W 4' e ii - ,.... a. ....i 0. 2 11:2!ii..15E t! ., 0 - 0.,4"t3 ett > :4= ?•4 a ti,- a.; 2 z. g E x 2 1 ;Il! I u— Y it Ln .9 LI e ,t.4 & _. ...... , 4 E - 2 e .. .. Ci 2, ‘t i 1 , .,. S! \ lit . ,i. i . IJL ,.. ''.›.. .i.. - .—. . _ — .........*-... lrA0t, cv(4y(a I City of Padend 3 b: 53 871‘ o, 3519 Lbeny Dir PealsM,Tar 77551 v e Tr:2a1A52.l600 PEARLAND Pgov eMilrb 0ctoba 23,2017 Greetings •ProParty Ow(s): . The records of the Bfaals Carly Arra District indicate that you are the owner of Property IdaSNyd byAgricultural Property ID number(hereinafter referred to as Subject Pi on the enclosed map.Thor words also show that the referenced real properly a arra ad arena1 tax purposes as tend used for agriculture,wildlife management, or limber, The Subject Property Is kr bd in the ethaterardel jurisdiction(ETJ)of the City of Perls 'C*Y).The Choy Ylydtb Hardee b right to amen certain ISM orsMy baked inn E the Subject Property is located Shin the proposed annexation. Pursuer to Section 43 the Tsar Loaf Government Code,the Cty din to you r the ors of IM Subject P the entreat development agreement(the'Ap.eme t". Please drily review the Agreement,r it Is a legal contract to Much you war be b you agree to k As such,I you roar to aoyt t the Agreement would effect your legal You may const Joel Hardy wit She City,Administration Deprorwa nth goner qu Oast Vie poore,but Dire consult your oar altatry N You need WS scars or sem sprat bpel qusedae. Mr.Hardy may be waded by phone et(251)552-1795 or vie e jhardv@oeada dtx Gov. If you would Ss the Subject Property to be covered by the Agreanrl, i—w tan all r sign the Agreement on IM owner Mete)and print each name below the signature. Alta s the Agreement w8 need b be acknowledged before a nary pubo,after rich you may It b us using the enclosed,friPaddireed,stamped envelope. You may ser hand ds* Agreement alter signing and having it notarized before one of the Clya notaries. lb rawest,that you maks a decision regarding whether you will accept the Aarrmenl before November 17.2017. If you do not return the executed Agreement to the City I deadline.we will consider your inaction as a reJealorr of the Agreement If you as NOT en ow of the Subject Property,or NIM Subject Property Is NOT war agriculture, wNfs mrrgeent. or timber use, please notify bk. Hrdy it your s osrwentrra r mat Mean lade pullet reran to ants that you n not awrreaey at by the Ctrs proposed annexation. Reg a, • 7— Atli Joel ry, ireM gement Assistant My of Perm' Page 37 of 59 STATE OF TEXAS COUNTY of BRAZORIA $ CHAPTER 43 TEXAS LOCAL GOVERNMENT CODE j1FVy1.OPMIENT AGREEMENT This Agreement is meted into pursuant to Sections 43.035 and 212.172 of the Texas L Government Code by and between the City of Pentad,Texas(the"City")and the u ndeaii property owner(s)(the"Owner"). The tens"Owner"includes all owners of the Property. WHEREAS, the Owner own a parte of real property (the"Property') in Bnzoris Con Texas,which is more patti n s:1y and separately described In the attached Exhibit"A';ad WHEREAS,the City is begun the process to institute annexation proceedings on all or port of Owner's Property;and WHEREAS, the Owner desires to have the Property remain in the City's extntenitc jnrisdiction,in consideration for which the Owner agrees to enter Into this Agreement;and WHEREAS, this Agteanmt is awed into penman to Sections 43.035 and 212.172 of Texas Local Oovaoman Cede.in order to address the desires of the Owner and the proud$ of the City;end NOW, THEREFORE. in caalderdion of the mutual covenant contained herein, the per bacto wee as follows: Section 1. The City guarantees the continuation of the extnartirorid amus of the Own Property,is immmuhy from aooexedon by the Coy,and is immunity from City property ter: for the tam of this Agreemere.subject to the provisions of this Agreement. Except as prod in this Arm ,the City agrees not to amu the Property,agrees not to involuntarily instb proceedings to annex the Property,and further agrees not to ineiude de Property in a saw annexation plan for the Tam of ills Agreement. However,if the Property is vexed pure to the tams of this Apemen,that the City shall provide services to the Property p rsuan Chapter 43 of the Texas Local Government Code. Section 2. The Owner 00V01701041 and agrees not to use the Property for any use other than agriculture, wiWEfe management, snob*timber and consistent with Chew 23 of the Te Tax Code,except the caning dogkdmdiy seudmKai ten of the property, without the p widen custom of the City. The Owner comma and Agrees that the Owner will not fns r type of subdivision iter or Sated dervelapnem document for the Property with Btazoria Cou a the City mil the Property has been maxed into, and zoned by, the City. The Ow covenants end!pees not to cantina,a allow to be uou med,my bmldinp on the Prope dal would mquhe•building permit if the Property were in the city limits,mel the Property been amend into,and zoned by,the City. The Owanalso toss and agrees that she at 1 Page 38 of 59 Subaban Development (SD) District zoning requirements apply to the Property, and that Properly shell be used only for Suburban Development(SD)District zoning uses,as describe the City's Unified Development Code,that exist on that Property at the time of the executer this Agreement, Sea otherwise provided in this Agreement. However, the Owner 1 construct an accessory structure to an existing single family dwelling in compliance with applicable City ordinances and coda. The Owner acknowledges that each and every owne the Property must sip this Agreement in order for the Agreement to take full effect, and Owner who sips this Agreement covenants and agrees,joiady and moveably,to indalnify.I harmless, ad defend the City against any and an legal china, by any person claiming ownership latest in the Properly who has not signed the Agremal4 arising in any way 6 the City's reliance on this Agreement Section 3.The Owner acknowledges that if any plat or related development document is fab violation of this Agreement, or if the Owner commences development of the Propert) violation of this Agreement.then in addition to the City's other remedies,such act will coati ■petition for coluuary annexation by the Owner,aid the Property will be abject to annexe al the discretion of the City CmmciL The Owner agrees that such annexation shall be warm and the Owner hereby comms to such aansatim s though a petition for such annexation been tendered by the Owner.If annexation proceedings begin pmnaa to this Section,the On admowl dga that this Agreement serves as an exception to Local Government Code Sen 43.052,rewiring a municipality to use certain seigniory procedures under an 110/102.01011 p Furthermore,the Owe'hereby waives any and all vested rights and claims that they may b under Section 43.002(sX2)and Chaplet 245 of the Taus Local Government Code that we otherwise exist by virtue of any actions Owner has Wen in violation of Section 2 herein. Section 4.Pursuant to Sections 43.035(bXlXB)of the Texas Local Government Code,the t is authorized to enlace all of the City's regulations and planning authority that do not meteri interfere with the use of the Property for agriculture,wildlife managmant,or timber,in the se manner the regulations we enforced within the City's boundaries. The City states specifically reserve.its authority pursuant to(hyla 251 of the Texas Local Governs*C to exercise minor demean over property that is subject to a Chapter 43 and/or Chapter : development agreement. Section 5.The tam of this Agreement(the"Tam")is five(5)yeas from the date that the Momper signature to this Agreement is acknowledged by•public nosy.The Owner,and of the Own's bars, a nceaces and assign shall be deemed to law filed • petition voluntary annexation before the end of the Tam,for vexation of the Property to be comply on or after the end of the Tem. Prior to the ed of the Tem, the City may commence volarony annexation of the Pmpety. In connection with annexation pursuant to this sectio. Owners hereby valve any vested rights they may have under Section 43.002pX2)and Chat 245 of the Texas Local Government Code that would otherwise exist by virtue of any Wer consmraion any of the owners may inirine during the time between the expiration of Agreement and the Institution ofamexailon proceedings by the City. Section 6. property annexed pursuant to this Agreement will initially be zoned AC Agria4enJ Open pummel to the City's Code of Ordinances, pending donation of property's permanent:Doing in accordance with the provisions of applicable law and the Cit Code of Ordinances. 2 Page 31)of 69 Section 7.Any pawn who sells or conveys any portion of the Property shall,prior to such salt or conveyance,give written notice of this Apemaat to the prospective purdtner or grantee,and shall give written notice of the sale or conveyance to the City.Furthermore,the Owner and the Owner's heirs,successor,and assigns shall give the City written notice within 14 days of any change in the agtiadtmal exemption status of the Ptaperty. A copy of either notice requited by this section shall be forwarded to the City at the following address: City ofPearWd Alm:City Manager 3319 Liberty Drive Penland,Texas 77584 Section 8. This Agreement shall is binding upon the City and the Owner and their respective successors and assigns for the Term and nut with the Property and be recorded in the real property records of Brazmis County,Texas. Section 9.If a court of competent jurisdiction determines that any covSant of this Agreement is void or unenforceable, including the covenants regarding Invobndsy annexation, then the remainder of this Agreement shall mnain in fall fine and effect. Section 10.This Agreement may be adorned by any Owner or the City by any proceeding at law or in equity. Pailae to do so shall not be deemed•waiver to enforce the provisions of this Agreement then after. Section 1 I.No subsequent c!hange in the law regarding a mnexadon doll affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to the lams of this ape mem. Section 12.Venue for this Agreement shall be in Braaaia County,Texas. Section 13. Ills Apeman' may be separately seeded in individual counterparts and, upon execution,shall constitute one and same instrument. Section 14. This Agreement shall survive its termination to the extent necessary for the implementation of the provisions of Sections 3,4,and 5 Stein. aimed into this dry of .2015. 3 Page 40 of 59 Pagel Nee: Tose Stoat Romero MIS N®a tan Lesnel Romero Owner Printed Nemo: owner Pehmd Nom City Peon a4'Minim ggdPmdad,7keae • Pae 41 d 59 TIN STATE OF TEXAS 5 5 COUNTY OF BRA2ORIA �TThiis® a amem nsaapdmow1edpw # d before on the I' ' day N or OYCfttt1 0014 .by se Io Qprwesn,Owner. iefa Wary .. f"': • /!!/ ry Caamat.mr0as PI 0111 14 netarerae.r.ame rrie.bps COUNTTHE Y TEXAS ', f COUNTY OF BT'G7CAetP - . -- This insures*was acbowledpd before me m the 134-Fs day or Neglaw4a.! �rl 7.11,i _. Ire.- ammoc aa6 Navy ar a/ site �e � aw iS,pte THE STATE OF TF.RA. COUNTY OF This b■mmem was aakewkdpd below me m the day of 2015,by ,Owner. Notary Public,Slate of Tens THE STATE OF TEXAS COUNTY OF This Woomera was arboMedpd bet,mem the day of 2015,by Owaec Notary Public,Stale&Tams THE STATE OF TEXAS COUNTY OFT This kodumea was aImwkdpd before me on the day of 2015.by Clay Pearson,Cily Mma0m,City ofPartial,Tama Nosy Polk.Stile&Tam 5 Page 42 of 59 Exhibit A 6 Pag.4Sd6Y 65 l°Vt.abed_ g ;a J c � :3cj c o E =c ar .1 _ . • i.I. ti s" �z 44 E p�c y i �n. a O� 9dSacry .8xn DI ra tiY �'`o < O • 11 w ,�j a qv". ft ? V 1 k , ... . .., ., ,,.,t_-- .. I, N .. W 2 1 Pr---- tioncottRAI City of flatland d 3519 Utterly Drive ID51197 2. 4t Pwn land,T. 77581 PEARL/ Palifillfidnaot ND It 281.852.1400 October 23,2017 Greetings Property Owner(s): . The records of the Brenna Cordy Appraisal District Indicate Its you we the amu of property tatted by Aqbit.S Property ID saber praiser referred to es Subject on to emscimed snap.Those records deo shay that the referenced 1da1 properly ie sppn ad valorem lax purposes a land used for.gda*naa.wane management,or umber. The Subject Property M baled in the exbaYntahl jurist:don(ETJ)of the City of Path •Clly).The City tient to exercise b tight to annex cat*land cinwriy bated In its E the Sunni Prepay Y band me*the Mott a ._1.n. Blank to Section 4: the Tama local Government Cada,the City offers to you a the owner of Bre Subbed I 8e enclosed devetopnent agreement(the Ygresnwt). Piss city review the Agent ,as it is.ego COMM to Wadi you waft be I you ere to It As such,if you choose accept 11 Qin Agreement would affect your lege You ray contact Joel Nary nth the Cay.A*rth*nMan DspMtored with general qc totals process,but peas consult your own Wormy if you nerd lags advice or w Wedge legal questions. W. Nerdy may be reached by phone at(281)552-1795 or via 4 (hardyWaeadenatoov. if you would be the Subject Properly to be cowed by to Ageanera,phew have M sign the Agreement at the comer lints)and pet eh mane below the*attn. Mer r the A,..ernertwi need to be.dmandged before a notify pilo Mier which you ma: it to us sing the enclosed,aWeddrewd,Mamped envelope. You may also erred dal Agreement at.r signing and liming it notarized been one of the Cy. shies. j) requests that VW nuke a decision reqardi a whether von will'WWI Mn Aarnmen Wont November 17.2817. If you do not return the called Apmane t to the City deadline,nut consider your Inaction a a raj-IW,of the Agreement If you n NOT en Omer age Subject Ropay,or//the Sutter Property is NOT taw apiculture, vain rreegerned, or timber use, piste nobly W. Nerdy at your carnvarianal CO that he an update ourHom.JBon to annum that you werest erroneously a M to Cayes propend annexation. Reg s JOM stye Yellen Ma gement AssisWrt CIO of Peelle d Page 15 of 59 STATE OF TEXAS $ if COUNTY OF BRAZORU § CHAPTER 43 TEXAS LOCAL GOVERNMENT COa anioneessisumaa This Agreement is anMed into pursuant to Sections 43.035 end 212.172 of the Texas Local Government Code by and between the City of Penland,Texas(the"City')sad the undersigned property owner(s)(the"Owner'). The term"Owner"includes all owurs of the Property, WHEREAS, the Owner owns a pared of real property (the "Property') in Bennis County, Texas,which is more partiSarly and separately described in the attached Exhibit"A";and WHEREAS,the City las begun the process to institute annexation proceedings on all or portions of Owner's Property;and WHEREAS, the Owner desires to have the Property remain in the City's extntenitorial jurisdiction,in consideration for which the Owner agrees to anter into this Agreement;and WHEREAS, this Agreement is entered into pursuers* to Sections 43.035 and 212.172 of the Texas Local Oovemmmt Code,in order to address the desires of the Owner and the procedures of the City;ad NOW, THEREFORE, in consideration of the mutual savanna contained herein, the pries hereto agree as follows: Section 1. The City penances the continuation of the extraterritorial status of the Owner's Property,its immunity from annexation by the City,end its immunity bon City property taxes, for the tem of this Agreement,subject to the proviaiom of this Agreement. Except m provided in this Agreement,the City area not to annex the Property,agrees not to involuntarily institute paceedings to moat the Property,and timber agrees not to include the Property in a statutory annexation plan for die Term of this Ageeanott. However,if the Property is annexed pmwnt to the tams of this Agreement,that the City shall provide services to the Property pursuant to Chapter43 of the Texas Local Governnatt Code. Section 2. The Owner covenants end agrees not to use the Property Sr any use other then for agriculture, wildlife mmagmmt, atdtor timber lad consistent with Chapter 23 of the Tem Tax Code, except for existing single-family residential use of the property, without the prior written comm of die City. The Owner covenants end agrees that the Owner will not file any type of subdivision plot or related development document for the Property with Bramria County or the City until the Property bas beat annexed into, ad zoned by, the City. The Owner covenants ad agrees not to construct,or allow to be atasstructed,any Wildly.on the Property that would require a building permit ifthe Property were in the city limits,mitil the Properly has , been amend into,and zoned by,the City. The Owner also commas sad agrees that the City's 1 Pape 46 of 59 Suburban Development (SD) District zoning requitemads apply to the Property, and that the Property Sall be used only for Suburban Development(SD)District zeroing a as described in the City's Unified Development Code,that exist on that Property at the time of the execution of this Agreement, unless otherwise provided in this Agreement However, the Owner may construct au accessory structure to an existing single family dwelling in compliance with all applicable City ordinances and codes. The Owner acknowledges that each and every owner of the Property must sign this Agreement in order for the Agreement to lake fdl effect, and the Owner who sips this Agreement covenants and wresa,lointly and sevenbly,to indemnify,hold harmless, and defend the City against any and all legal claims, by any person claiming an ow ter hip interest in the Property who has not signed the Agreement,arising in any way from the City's reliance on this Agreement Section 3.The Owner acknowledges that if any pat or related development document is filed in violation of this Agreement, or if the Owner commences development of the Property in violation of this Agreement,then in addition to the City's other remedies,such act will constitute a petition for voluntary mnexarion by the Owner,and the Property will be subject to annexation at the discretion of the City Courleil. The Owner agrees that such annexation shell be voluntary and the Owner hereby consents to such annexation a though a petition for such ante ation had been tendered by the Owner.If annexation proceedings begin pursued to this Section,the Owner acknowledges that this Agreement serves as an exception to Local Government Code Section 43.052, requiring a mmicipelity to use certain statutory pooedma under an annexation pian. Furthermore,the Owner hereby waives any and all vested rights and claims that they may have under Section 43.0024)(2)and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any actions Owner las taken in violation of Section 2 herein. Section 4.Pduuant to Sections 43.035(bX1XB)of the Texas Local Government Code,the City is authorized to enforce all of the City's regulations and paining authority that do not materially interfere with the use of the Property for apiculture,wildlife management,or timber,in the same mama the regulations are enforced within the City's boundaries The City sates and specifically manes Its authority pursuant to Chapter 251 of the Texas Local Govunment Code to exercise eminent domain ova property that is subject to a Chapter 43 adbr Chapter 212 developmamageanem. Section 5.The term of this Agreement(the"Tem")is five(5)years from the date that the City Manager's sipame to this Agreement is acknowledged by a public notary.The Owner,and all of the Owner's heirs, secession and maps shall be deemed to have filed a petition for voluntary anoexatim before the end of the Term,for annexation of the Property to be completed on or after the end of the Tam. Prior to the ed of the Term, the City may commence the vdrmte y annexation oldie Property. In connection with annexation pursuant o this section,the Owners hereby waive any vested rights they may have wafer Section 43.002(1)(2)and Chaper 245 of the Texas Local Government Code dot would otherwise exist by Vitale of any Oa or construction my of the owners may initiate during the time between the expiration of this Agreanenl and the institution of annexation proceeding,by the City. Semon 6. Property annexed pumas& to this Agreement will initially be zoned AO — Agrmdtnl Open pursuant to the City's Code of Ordinates, Medici daamia ion of the pmpaty's pamamnt zoning in accordance with the p ovisions of applicable law and the City's Code of Ordinences. 2 Page 47 M 59 Section 7.Any person who sells or conveys any portion of the Property shsl6 prior to such or conveyance,give written notice of this Agreement to the prospective purchaser or grantee, stall give written notice of the sale or conveyance to the City.Furthermore.the Owner ane Owner's hens,successor,and assigns shall give the City written notice within 14 days of change in the agricultural exemption status of the Propvry. A copy of either notice require this section shall be forwarded to the City at the following address: City of Pearled Ant City Manager 3519 Liberty Drive Penland,Taus 77584 Section 8. This Agreement shall is binding upon the City and the Owner and their reaper successors end assigns for the Term and rim with the Property sad be recorded in the property records of Brazed.Corny,Texas. Section 9.V a court of competentjurisdiction determines that any covenant of this Agteemc void or unenforceable,able, including the covenants regarding inwhmtay =mention, then nineties of Si,Ag eemem shill ramie ice full face and effect. Section 10. This Agrem may be adorced by any Owner or the City by any proceeding et law or in equity. Failure u so dual not be deemed a waiver to enforce the provisions of this Agreement thereafter. Section It.No subsequent chime in the law regarding mention shall affect the adoroeab of this Agreement or the City's ability to amax the properties covered MSS pursuant to terms of this Agreement Section 12.Venue for this Agreement shall be in Beason County,Texas. Section 13. This Agreement may be separately executed in individual counterparts and. u execution.shill comlhee on and same instrument. Section 14. This Agreement shall survive its tern:salon lon to the extra necessary for ioplment•tioo of the provisions of Sections 3,4,ed 5 herein. Entered into this day of .2015. 3 Page 48 of 50 p4,>u... /ron .tea owns ptisNo. Rene RaAuci Romero Owner Printed lie: Owner Printed Now Omni Pelt Na. Clay tem My hfroses.air orts6na Teens 4 Pegs 49 of 59 J THE STATE OF TEXAS f / COUNTY OF BRAZORIA § Thu Intern was admawhdded before me on the t'?'h day of P4aarnbac Pub .f-" ata r `"IW Ca Natty "1144141111 G." `s; b, THE STATE OF 0 I Aft Oa Km COUNTY OF T6 instrument was acknowledged before me on the day of 2015,by Owner. Nay Public,Ste dram THE STATE OP TEXAS COUNTY OF Mb farmer was admewldpd before me on the dayof 2015,by ,Ownor. Notary Public,State dram THE STATE OF TEXAS COUNTY OF This irmmmem was admowkdpd Skit me on the day of 2015,by .Owner. Notary Ablie,Ste ofTam THE STATE OF TEXAS COUNTY OF) Thin inpumeet was admowledpd before me ml the day of 2015.by Clay Paola City Maeaier.Chy ofPeden&Tana Nary Pabik,Ste of Taus 5 Page 50 Of 58 Exhibit f Pegs Si of 60 i Qii !!}71 ) I &ia i=! . /i § •sic } � § ; E $ . It!'flr! } 4 2 &) I!i(a [ @ ! 2J 11111 l ��t © & °~ 7 c1 4\ 3 1 £ \ _if r e w \ 0 '\ CC I I1' hi1i N QI SII' N 1 II ii 1 � t [1i1 2 n gt 141 �'� ° gv '— iii CO �6 abaf it t '�i� ! k Q �� tit h ,0 s t►i 1 t;'1 �' _ k• . +f1;3i0 tilt g►1 s. M': •lika SI 11• 5. 5\(ii. ^ n� hi. '• a• • # '4-,,tVil 1 liti lit '2, \ - s 1...-7-.--i ,rids 01111.1 II IT°KV 70 -r,74---J:11161.---- . -- .111 111 Or IS ii 11) (s1♦ 1oh r 1IL Wit a , 4 $It ipso .R� i 1i 1; rill.01 l7 " r i Milli ll "all iliii H°I Pa. I.. •�,aau 111x-r.rf r! [91 •friu ovum' t.-ipria 1,a ',,,. , ps„wills...1:!,,r , _ :: 11 IH `M1►r//111110 .- ",-• 0 II 4 eit ! 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NK !1 !] AL1 M�A.. 101.=.41:1-11 iiN ! , et,, ,u two ?e. }.. � + t� .. . , 1111t' imam , '1` _ _____ _ - . .Fi..-r-, i KKK • • I .......,„ ., . ,,,,,,.. -11..„,, 11 .. ,, a ' 1 it-Oe i ,- i © mm 1 7:411 i (i) i a 0 11 li‘g 444 ° in — rem , , „.., it(! ® _.,---- ,! ® tOr oras r- - ® ,. crr. Pl. 1 , 1 , , �,t q V 1.:- , ,, %a-Ai if - .-—---' '/ to ,E, I, a; '� i 1 Jir�_S Q 1 lifi a) a � L} L> t.. ;a.' ,_ ,c.. . ti- ' Y „1..... rn t. ;;1 _-n f�ruc7�ooR� HG oat�/� k ��1 Page 54 of 59 II bil iii 111 ! Ail r oQ- E - IIIA I i lb riyi i: zl!Et ,Ilif 1:110% i ! Q sahib iii gpl lizz 0:- Iiti gal eIp $ il1.44Nl. 4 1 I eb gr9 i+ • '4%1 ; i j : j j N i ,�,�.�� 1 i- itii I E 1 of moat 4-1141°5 . «« I sc sees 11 vat -i- .it . . \/111 kidi- till -(V I1 d P EI I 11 lliteriYL.., awl ..I; 1. 11111 ,111T tiliN+pw,,,::It 1 .-.ff0I, • IRA ; (ID; I ; - ili144) ," is :: LIP -I r,i 4.4.4.* it, i E c,' >< iT tet. ,��,�imin ' , in r� i / 4 p(. bYw JI 1 :s sal �1�.� -.� ___ti i ® f� j �� 777 c;..) N ® .— . -- FT,rave hi U is 1 n#.l000•) .,s atom►,N 1 -0 I ct CA " !! ,,,,,t, I iir . f t . II I -O�bti. t y_, . r t i. 1� I \ .).1 J1rL? 1 _ -- i-----------z------- i Page 55 of 59 ORDINANCE NO.154( Au wdlnanee extending the city limits of the City of PavMnd, Texas, to Melanie certain land area*thin certain limits and bounderW and annexing to the City of Pemlend the arta within such limits and boundaries(Area A, approximately 815 sacs of land generally located north of Brnode County MUD 22,east of County Road 514, south of County Road 92, and west of County Road 4$);approving a service plan for ani of the area within such Omits and boundrns; containing an effective dale and other provision related to the subject;and providing a savings and severability clause. WHEREAS, the City Council of the City of Peatand, Texas, has, following due notice and publication In accordance with the requirements of §43.063, Tex.Local Govt. Code. conducted two(2)publb hearings regarding the City.intended annexation of certain territory located contiguous to the City and within the Cite extraterritorial jurisdiction;and WHEREAS,public hearings wore conducted before the City Council on October 9,2017 and on October 16, 2017,in the Zee Floor Training Room, Public Safety Building,2555 Cullen Parkway,Pearland,Texas:and WHEREAS, Chapter 43, Tex.Local Govt. Code, establishes the procedures for the annexation of tartory, Including the preparation of a plan for extension of municipal services into the area annexed to the City,and WHEREAS, the City intends to fulfill those obligations Imposed upon It by state law regarding newly annexed crew, Including timely provision of municipal services as required by law;and WHEREAS, the City Council finds and determines that the emanation intended by this Ordinance is in the best recasts of the City of Pearlwd and benefits the health, safety, and welfare of the dtimns of said City;now,therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE WY OF PEARLAND,TEXAS: Diction 1. That the boundaries and limits of the City of Pearand,Texas are hereby extended to embrace and include all of the territory deathbed and depicted in Exhibits“A' and 1 Page 56 of 59 ORDINANCE NO.lig 13'attached hereto as made a part hasol, with The exception of the properties Identified In Section 3 of ties Ordnance%Rech are specifically excluded from ties annexation. ;action$ The plan tar extension of munldpal services Into the territory annexed to the City of Peatend by the provisions of this Ordnance is set fain in the City of Portend, Texas, Stoics Plan for approximately 885 acres,more or ler, to be annexed into the City of Pearand.&anode County.Texas attached hereto as Exhibit C'and made a part hereof for all papoees. Such Municipal Service Plan is hereby approved. Daree 3 Pursuant to Section 43.035 of the Tex. Loral Govt Code, tiro City of Portend offered certain properly owners ardculturalty exempt properties)the right to marten their extraterritorial stabs and have tier properties excluded from Mil annexation by entering into a Development Agreement;therefore the properties that are the subject of the Development Agreements attached Iarata as Exhibit('O', 'E', 'F', 'G and If)are hereby excluded from the boundaries of this annexation. lagara. The Cay Council officially Inds. determines, recites and declares that sufficient written notes of the dale,Now.place and subject matter of the meetings of the City Council at which this Ordinance was considered ware posted at a place convenient to the public at the City Hell of the City of Peedand for the tee required by law preceding said meetings,as retied by law,and that said meetings have been open to the public,as required by law,at all times during wMdn this Ordinance and the arb4ect matter thereof has ban dammed, considered and formally acted wan. The City Council further ratifies, approves and confirms such written notices and the contents and posting thereof. bcSat Q. tavinps. M dolts and remedies which have armed In favor of the City under this Chapter and amendments thereto shall be and are preserved for the benefit of the City. 2 Page 57 of 59 I ORDWJ CE No.1EY ,'fig. Sevenbtty. If any section or pat of this Ordinance be held u consdalional,Illegal or Inas,or the application thereof ineffective or inapplicable as to any territory, such unto Stuto.ally, Regality, invalidity, or ineffectiveness of such section or part shall in no wise aged,rpek or invalidate the remaining portions,the an shall be and remain Si full force and effect;and should this Ordinance for any mason be ineffective as to any part of the area hereby annexed to the City of Portend,such ineffectiveness of elle Ordinance as to any sudr part or parts of any such areas shad not affect the effectiveness of the Ordinance as to all of the remainder of such area,and Me City Council hereby declares it to be its propose to annex to the City of Pealend,amdrfed to the limitations contabied herein,the area described M Exhibit W. attached hereto, regardless of whether any odor pat of such deathbed area Is hereby eltecdvely annexed to the City. Provided,further,that if Mae Is kcluded m the genal description of territory set out Si Edith'A A.attached hereto,any land or area which is already a pat of and included within the general finale ofthe City of Portend,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 Pealands Jurisdiction to annex,the same is hereby excluded and excepted from the territory to be annexed as fully as If such excluded and excepted wee was spedficedy deathbed herein. ggcten 7. Elective Date. This ordinance shed became effective Immediately upon its second and final reading. PASSED and APPROVED on First Reading Ws the day of A.0.,2017. TOM REID MAYOR 3 Page 58 of59 ORDINANCE NO.15.11 ATTEST: YOUNG LORFING,TRMC CITY SECRETARY PASSED and APPROVED on Second and Fir* Reading thin the _day of A.D.,2017. TOM REID MAYOR ATTEST: YOUNG LORFING,TRMC CITY SECRETARY APPROVED AS TO FORM: DARRM1 M.COKER CITY ATTORNEY 4 Page 59 of 59 Ordinance No. 1555 Exhibit"B" ORDINANCE NO. 1549 An ordinance extending the city limits of the City of Pearland, Texas, to include certain land area within certain limits and boundaries and annexing to the City of Pearland the area within such limits and boundaries (Area C, approximately 20 acres of land generally located north of McHard Road, abutting Clear Creek at the northeast corner of nearby Country Place subdivision);approving a service plan for all of the area within such limits and boundaries; containing an effective date and other provisions related to the subject; end providing a savings and severabdlty clause. WHEREAS, the City Council of the City of Peariand, Texas, has, following due notice and publication in accordance with the requirements of §43M63, 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 October 9, 2017 and on October 16, 2017, in the 2"0 Floor Training Room, Public Safety Building, 2555 Cullen Parkway, Pearland, Texas; and WHEREAS, Chapter 43, Tex. Local Govt. Code, establishes the procedures for 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 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 and depicted in Exhibits"A" and 1 L ORDINANCE NO. 1649 "B" attached hereto and made a part hereof, with the exception of the properties identified in Section 3 of this Ordinance which are specifically excluded from this annexation. 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 Rowland, Texas, Service Plan for approximately 20 acres, more or less, to be annexed into the City of Pearland, Brazoria County, Texas attached hereto as Exhibit"C" and made a part hereof for all purposes. Such Municipal Service Plan is hereby approved. Section 3. Pursuant to Section 43.035 of the Tex. Local Govt. Code, the City of Pearland offered certain property owners (agriculturally exempt properties)the right to maintain their extraterritorial status and have their properties excluded from this annexation by entering into a Development Agreement; therefore the properties that are the subject of the Development Agreements attached hereto as Exhibits(none) are hereby excluded from the boundaries of this annexation. Section 4. 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 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 as 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 t Savings. NI 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. 2 ORDINANCE NO. 1549 section 6. 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, subject to the limitations contained herein, the area deathbed in Exhibit "A", attached hereto, regardless of whether any other part of such described area is hereby effectively annexed to the City. Provided, further, 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 deathbed herein. Section 7. Effective Date. This ordinance shall become effective immediately upon its second and final reading. PASSED and APPROVED on First Reking this . • y of No -fir. , A, r., 2017. I ERRI K REED P.YOR PRO-TEM 3 ORDINANCE NO. 1549 ATTEST: SeS( 4, t es 4. .11 NG, ..... : SNG ETAm; '6/II.nu.a`, PASSED and APPROVED on Second and Final Reading this the 27^day of November, A. D., 2017. Va ' TOM REID MAYOR ATTEST: p,um.y, (' .3;. S IUNG`�i-FI �^z TY S RETARY AS TO FORM: DARRIN M. COKER CITY ATTORNEY 4 Orldlnna.No.1640 Exhibit"A' EXHIBIT"A" AREA C METES AND BOUNDS DESCRIPTION 20 ACRES MORE OR LESS OUT OF H.T. &B.R.R.COMPANY SURVEY,ABSTRACT 310 AND CJ.HALL SURVEY,ABSTRACT 215 BRAZORIA COUNTY,TEXAS The herein described 20 acres of land, more or less being generally located in H.T. & B. R.R. Company Survey,Abstract 310 and C.J. Hall Survey, Abstract 215, 1 ramie County, Texas; the southerly line being die northerly line of City of Pearland Ordinance No. 1 102 and the northerly line of Block 1,The Lakes at Countryplace Section Two according to the plat thereof as filed in Volume 20, Page 265-266 Brazoria County Plat Records; the westerly line being the easterly line of City of Pearland Ordinance No. 1102 and the easterly line of said Block I,The Lakes at Countryplace Section Two; the northerly line being the centerline of Clear Creek; the easterly line being the westerly line of that certain Drainage Easement and Right-of-Way as filed in Volume 1603,Page 510 Brazoria County Deed Records; All that certain 20 acres of land,more or less,to be annexed into the City of Pearland and being a portion of H.T. & B. R.R. Company Survey, Abstract 310 and C.J. Hall Survey, Abstract 215 and being more particularly described by metes and bounds as follows; Commencing at the most southerly southeast corner of Block 1, of said The Lakes at Countryplace Section Two; Thence Easterly - 76', more or less, with the north right-of-way of McHard Road to a point for corner; Thence Northeasterly-558', more or less, with the easterly line of City of Pearland Ordinance No. 1102 to a point for corner marking the POINT OF BEGINNING of herein described bad; I. Thence Northwesterly passing at 70', more or less, the most southerly northeast comer of Block t of said The Lakes at Countryplace Section Two and continuing for a total distance of 1,015', more or less,with the northerly line of City of Pearland Ordinance No. 1102 and the northerly line of Block 1 of said The Lakes at Couniryplace Section Two to a point for corner; 2. Thence Northeasterly-810',more or less,with the with the easterly line of City of Pearland Ordinance No. 1102 and the easterly line of Block I of said The Lakes at Countryplace Section Two to a point for corner, Thence the following three courses with the centerline of Clear Creek; 3. Thence Southeasterly-242'more or less,to a point for corner; 4. Thence Southeasterly-371' more or less,to a point for corner; 11.421461-AREA C.Ma9 1 5. Thence Southeasterly—497' more or less,to a point for comer; Thence the following two courses with the westerly line of said Drainage Easement and Right-of-Way; 6. Thence Southwesterly—218'more or less,to a point for corner; 7. Thence Southwesterly—616' more or less, to the PONT OF BEGINNING and containing 20 acres of land more or less. "This document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground survey, and is not be used to convey or establish interest in real property except those right and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared? This metes and bounds description is accompanied by a separate plat, drawing or exhibit per Texas Board of Professional Land Surveyor's "General Rules of Procedures and Practices" Section 663.19(9). Compiled by: C.L.Davis&Company Finn No. 10082000 lob Number: 11-421-161-AREA C-M&B.doc 08-22-2017 I I-421-161-AREACala!, 2 11 .:04°' toti:A F *' µ <'oki_ ; , � ,. ::,„:,. ., .. ,, , .. .,;;:ig.•d Pi'4P . ,.... 4 ....; A., . ,c. .-----„. 1,, ..._ ...... ' . .... . . . .. , . . , . . .s..... ..,.. \ ,.. . . 41*. -.1 411* #131744; I• Sri.tt , � '�av, ' i , fi yx , �• o "•., ,r.„4.-: "•C'7.�k. .., . .. jo .. .. ......,; • r . .„. . , - , 4- , -:--.4 .. ..P - ':'*- .....t,...,'''''' y • Y tY .Fe ^lkit. 1 Orly • +0 t:.-,.. 4 / ,..-. - . (...) . ... _ , I „,,, . , ..., 9 / v ,y 0 F: 4 ,iii, ',' . . ter. = Q 2 Ordinance No. 1549 Exhibit -c- Exhibit C —Service Plan CITY OF PEARLAND, TEXAS SERVICE PLAN FOR AREA C—20 acres located north of McHard Road, abutting Clew Creek at the northeast corner of nearby Country Place subdivision. I. INTRODUCTION This Service Plan ("Plan') is made by the City of Rowland, Texas ("City') pursuant to Chapter 43 of the Local Government Code ('the Ad`). This Plan relates to the annexation by the City of land located adjacent to the City limits and encompassing approximately 20 acres in Brazoria County, Texas. The Tract is described by metes and bounds in "Exhibit A`, and by map in 'Exhibit B"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 fora tern 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 according to the Texas Local Government Code, Chapter 43, 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. 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 Page 1 of 5 fees or charges be paid, and they may include eligibility requirements and similar provisions. D. Early Action Program t. 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 Fire Department (PFD) of the City of Pearland will continue to serve the area. c. Emergency Medical Service: Currently, the tract is service by the Peartand Fire Department (PFD) under an agreement with the county. PFD has Firefighters that are EMS trained and certified, and will continue to provide emergency medical service, including ambulance transportation services, to the Tract. d. Solid Waste and Recycle Collection: Service will be provided to eligible property by private contractor, under contract with the City. To be eligible for City solid waste and recycled 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 or recycling management service provider may continue to use that service for two years after the effective date of the annexation. Those who receive services from the City's solid waste and recycling collection contractor will be billed for the service, in accordance with the contract between the City and the solid waste contractor. 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 county roads), and 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 (such as Texas Department of Transportation)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 Page 2 of 5 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 wilt be eligible for borrowing privileges at CitylCounty 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, grocers and Animal Services related matters. 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 we 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 wwithplplaninfire g new, revised,otection. The expanded pwiN be ublic safety facilities.with other territory in connection 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. Page 3 of 5 4. Solid 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: Additional capital improvements are not necessary at this time to service the tract. 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. 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. Construction of facilities to collect and transmit wastewater to treatment plants will occur as development occurs in and around the tract. Facilities will be constructed by either the City or private developer. The City will make potable water capacity available from existing or future sources built and operated by the City available to the Tract. The City currently operates its own ground water wells and purchases wholesale surface water via contract from third parties. Construction of facilities to collect and transmit water to the tract will occur as development occurs in and around the tract. Facilities will be constructed by either the City or private developer. 6. Roads and Streets (including lighting): Additional roads, streets, or related facilities are not necessary at this time to serve the tract. 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, Building or Services: M 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. II. 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 Page 4 of 6 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. III. 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, ware 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. IV. ENTIRE PLAN 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. Page 6 of 5 CIXTRIAt GOA NOMENYLK TOY SASS REGIONAL ASOUIPX AR q0-r) J/ .,,, MARIUS COUNTY PARK TOW PASS REGIONAL ,qtr C� .j�- HARRIS COUNTY PARK _ 4 °t or MORE ITJ[ICJ"SGP) �^ JAI. r EA- GNtiIRQ JI (�1•� 05-30-11110 Aron LIE MIL Mt SC. LII&WU 4 CORTIVIE ate x - • ♦ - I • +1 ,�� '";)* 6LRLURW NO RN-13 =.:::.tom PGP pR J OOP �. >'"" 0 AREA 'G c ' s ,; 1Or clamNIOO ff Ma AMM.[+ut il A-216 1 \1 M w pOgplpr. uG OOI1W IRIMO'meq 'J-- \ a r1�feese to 210.510.e1 I CININALT JI CM' ME TRI P6 I>s eGMJ ', '� R.T. i I. R.R. 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SURVEY ` PORr Mt ar a.m.41.115•111041.115•1110A-3110 Men R aml um Ordinance No. 1555 Exhibit"C" ORDINANCE NO. 1551 An ordinance extending the city limits of the City of Pearland, Texas, to include certain land area within certain limits and boundaries and annexing to the City of Pearland the area within such limits and boundaries (Area L, approximately 983 acres of land generally located northeast of SH35, between Dixie Farm Road and County Road 129); approving a service plan for all of the area within such limits and boundaries; containing an effective date and other provisions related to the subject; and providing a savings and severability clause. WHEREAS, the City Council of the City of Peadand, Texas, has, following due notice and publication in accordance with the requirements of §43.063, 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 October 9, 2017 and on October 16, 2017, in the 2nd Floor Training Room, Public Safety Building, 2555 Cullen Parkway, Peadand, Texas; and WHEREAS, Chapter 43, Tex. Local Govt. Code, establishes the procedures for 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 WHEREAS, the City Council finds and determines that the annexation intended by this Ordinance is in the best interests of the City of Peadand 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" and 'B" attached 1 ORDINANCE NO. 1551 hereto and made a part hereof, with the exception of the properties identified in Section 3 of this Ordinance which are specifically excluded from this annexation. 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 Peadand, Texas, Service Plan for approximately 983 acres, more or less, to be annexed into the City of Peadand, Brazoria County, Texas attached hereto as Exhibit"C° and made a part hereof for all purposes. Such Municipal Service Plan is hereby approved. Section 3. Pursuant to Section 43.035 of the Tex. Local Govt. Code, the City of Pearland offered certain properly owners (agriculturally exempt properties) the right to maintain their extraterritorial status and have their properties excluded from this annexation by entering into a Development Agreement; therefore the properties that are the subject of the Development Agreement attached hereto as Exhibit 'D° and "E° is hereby excluded from the boundaries of this annexation. Section 4. 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 posted at a place convenient to the public at the City Hall of the City of Peadand 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 5. 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. 2 ORDINANCE N0. 1551 Section 6. 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, subject to the limitations contained herein, 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, 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. Section 7. Effective Date. This ordinance shall become effective immediately upon its second and final reading. PASSED and APPROVED on First Reading this the November 13°day of November,A. D., 2017. C 1`\ 0Y1'r7 y' TOM REID MAYOR 3 ORDINANCE NO. 1551 ATTEST: pu,^,q„ /UNG As IN ITYS RETARY '. PASSED and APPROVED on Second and Final Reading this the 27"'day of November, A. D., 2017. C:=4/m TOM REID MAYOR ATTEST: Y NG FING, ut. C TY SE RETARY '-- -' ,,5, ,, APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 4 EXHIBIT"A" AREA L METES AND BOUNDS DESCRIPTION 983 ACRES MORE OR.LESS OUT OF PERRY&AUSTIN SURVEY,ABSTRACT 111 W.H.SYNDER SURVEY,ABSTRACT 370 A.C.H. RR.CO. SURVEY,ABSTRACT 416 H.T.&B.RR.CO. SURVEY,ABSTRACT 292 GEO.C. SMITH SURVEY,ABSTRACT 551 BRAZORIA COUNTY,TEXAS The herein described 983 acres of land, more or less being generally located in the following surveys and abstracts, Perry&Austin Survey, Abstract 1 l 1, W.H. Synder Survey,Abstract 370, A.C.H. RR. Co. Survey, Abstract 416, H.T. & B. RR. Co. Survey, Abstract 292 and Geo. C. Smith Survey, Abstract 551,Brazoria County,Texas;the NORTHWEST line being the southeast line of Lot 176, Zychlinski Subdivision of Section 28 according to the plat thereof as filed in Volume 29, Page 09 Brazoria County Deed Records, the southeast line of George W. Jenkins Subdivision according to the plat thereof as filed in Volume 79,Page 616 Brazoria County Deed Records and the southeast line of City of Pearland Ordinance No. 463; the NORTHEAST line being along the southwest right-of-way line of County Road 127 and the southwest line of W.H. Snyder Survey,Abstract 370; the SOUTHEAST line being along the northwest right-of-way line of County Road 130 and the northwest right-of-way line of F.M. 2351; the SOUTHWEST line being partially along the northeast line of City of Pearland Ordinance No. 755; the SOUTH line being along the north line of 100' wide City of Pearland City Limit Strip and being the north line of City of Pearland Ordinance No. 31; All that certain 983 acres of land,more or less,to be annexed into the City of Pearland and being all or portion of Lots 1, 25, 26, 27, 28, 29, 30, 45,46,47, 48,49, 50,65, 66,67, 68, 69 and 70, West Friendswood according to the plat thereof as filed in Volume 01, Page 96 Brazoria County Plat Records and being all or portion of Lots 31, 38, 39, 40, 45, 46, 47 and 48, Section 29 all being out of Allison-Richey Gulf Coast Home Co. Subdivision according to the plat thereof filed in Volume 02, Page 101 Brazoria County Plat Records and being all or portion of Lots 177, 188 and 189 of said Zychlinski Subdivision of Section 28 and being all of Airpark Estates Section 1 according to the plat thereof filed in Document Number 201609888 Brazoria County Plat Records and being all of Minor Plat of Bus Barn according to the plat thereof filed in Document Number 2017043490 Brazoria County Plat Records and being all of Minor Plat of Sandwinds according to the plat thereof filed in Document Number 2011005357 Brazoria County Plat Records and being all of Clover Skies according to the plat thereof filed in Document Number 2011005337 Brazoria County Plat Records and being out of the above referenced Abstracts, Brazoria County,Texas and being more particularly described by metes and bounds as follows; Beginning at a point marking the intersection of the southwest right-of-way line of County Road 127 and the northwest right-of-way line of County Road 130; 1 Page 6 of 33 I. Thence Southwesterly-3,060', more or less,with the northwest right-of-way line of County Road 130 to a point for corner located on the southwest tight-of-way line of County Road 430; 2. Thence Southeasterly - 99', more or less, with the southwest right-of-way line of County Road 430 to a point for comer, 3. Thence Southwesterly - 554', more or less, with the southeast line of that certain tract as described in a deed dated 06-26-1998 from Debby S. Gentry to Fredrick W. Schon as filed in the Official Records of Real Property of Brazoria County at Clerk's File Number 98-034158 to a point for corner; 4. Thence Southeasterly - 2,498', more or less, with the common southwest line of W.H. Synder Survey, Abstract 370 and the northeast line of A.C.H. RR. Co. Survey,Abstract 416 to a point for corner located on the northwest right-of-way line of F.M. 2351 (County Road 129); 5. Thence Southwesterly - 2,690', more or less, the northwest right-of-way line of F.M. 2351 (County Road 129) to a point for corner located on the north line of 100' wide City of Pearland City Limit Strip and being the north line of City of Pearland Ordinance No. 31; 6. Thence Westerly - 2,319', more or less, with the north line of 100' wide City of Pearland City Limit Strip and being the north line of City of Pearland Ordinance No. 31 to a point for corner located on the east line of City of Pearland Ordinance No. 755; Thence the following(18)courses with the easterly line of City of Pearland Ordinance No. 755; 7. Thence Northerly-2,480',more or less,with the east line of Lots 49, 50 and 51, Section 29 of said Allison-Richey Gulf Coast Home Co. Subdivision and along the common east line of H.T. & B. RR. Co. Survey, Abstract 292 and the west line of A.C.H. RR Co. Survey, Abstract 416 to a point for corner marking the southeast corner of Lot 48 of said Section 29; 8. Thence Westerly-660',more or less, with the south line of said Lot 48 to a point for corner marking the southwest corner of said Lot 48; 9. Thence Northerly-660',more or less,with the west line of said Lot 48 to a point for corner marking the common northwest comer of said Lot 48 and the southeast comer of Lot 40 of said Section 29; l0.Thence Westerly-660',more or less,with the south line of said Lot 40 to a point for corner marking the southwest corner of said Lot 40; 11.Thence Northerly- 1,320', more or less, with the west line of said Lot 40 and Lot 39 of said Section 29 to a point for corner marking the common northwest corner of said Lot 39 and the southeast corner of Lot 31 of said Section 29; 2 Page 7 of 33 12.Thence Westerly—660', more or less,with the south line of said Lot 31 to a point for corner marking the southwest corner of said Lot 31; 13.Thence Northerly—660', more or less,with the west line of said Lot 31 to a point for corner located on the south line of Lot 188 of said Zychlinski Subdivision of Section 28; 14.Thence Westerly — 383', more or less, with the south line of said Lot 188 and along the common north line of H.T. & B. RR. Co. Survey,Abstract 292 and the south line of Geo. C. Smith Survey,Abstract 551 to a point for corner; 15.Thence Northwesterly—475', more or less, with a line 450' northeast of and parallel to the northeasterly right-of-way line of State Highway 35 to a point for corner, 16.Thence Northeasterly—25',more or less,with the southerly line of that certain called 6.554 acres as described in a deed dated 07-19-1976 from Gladys Alexander to Swinging "A" Corporation as filed in Volume 1300, Page 673 Brazoria County Deed Records to a point for COMP; 17.Thence Northwesterly— 179', more or less,with the easterly line of said 6.554 acre tract to a point for corner; 18.Thence Northerly —463', more or less, continuing with the easterly line of said 6.554 acre tract to a point for corner; 19.Thence Westerly — 114', more or less, with the northerly line of said 6.554 acre tract to a point for corner marking the northeasterly corner of said 6.554 acre tract and marking a point on a curve to the right having a radius of 298'and a central angle of 45°34'; 20.Thence Westerly with said curve and continuing with the northerly line of said 6.554 acre tract an arc distance 237',mom or less,to a point for corner; 21.Thence Southwesterly — 14', more or less, continuing with the northerly line of said 6.554 acre tract to a point for corner; 22.Thence Northwesterly—536', more or less,with a line 450' northeast of and parallel to the northeasterly right-of-way line of State Highway 35 to a point for corner located on the common north line of said Lot 188 and the south line of Lot 178 of said Zychlinski Subdivision of Section 28; 23.Thence Easterly — 686', more or less, with the common north line of said Lot 188 and the south line of said Lot 178 to the common southeast corner of said Lot 178 and the southeast corner of Lot 177 of said Zychlinski Subdivision of Section 28; 24.Thence Northerly— 1,264',more or less, with the common west line of said Lot 177 and the east line of said Lot 178 to the common northeast corner of said Lot 178 and the northwest corner of said Lot 177, said corner located on the south line of Lot 176 of said Zychlinski Subdivision of Section 28 and the south line of City of Pearland Ordinance No.463; 3 Page 8 of 33 25.Thence Easterly—901',more or less,with the south line of said Lot 176 and the south line of City of Pearland Ordinance No. 463 to the common northeast corner of said Lot 177 and the southeast corner of said Lot 176, said corner located on the northwest line of W.H. Snyder Survey,Abstract 370 and the southwest line of line of City of Pearland Ordinance No.463; 26.Thence Northeasterly—2,749',more or less,with the southwest line of said Lot 176,with the northwest line of W.H. Snyder Survey, Abstract 370, the southwest line of line of City of Pearland Ordinance No. 463, the southwest line of W.D.C. Hall Survey, Abstract 70 and the northwest line of Perry & Austin Survey, Abstract 111 to a point for corner located on the southwest right-of-way line of County Road 127; 27.Thence Southeasterly — 20', more or less, with the southwest right-of-way line of County Road 127 to a point for comer, 28.Thence Southwesterly — 296', more or less, with the northwest line of that certain tract as described in a deed dated 03-21-2006 from Patrice Wagstaff, et al. to Michael Lecil Rathje, et al. as filed in the Official Records of Real Property of Brazoria County at Clerk's File Number 2006016884 to a point for corner marking the west comer of said Michael Lecil Rathje,et al.tract; 29.Thence Southeasterly — 311', more or less, with the southwest line of said Michael Lecil Rathje,et al. tract to a point for comer marking the south corner of said Michael Lecil Rathje, et al. tract; 30.Thence Southeasterly — 257', more or less, with the southwest line of that certain tract as described in a deed dated 03-13-2008 from Kenneth H. Edwards,et al. to Kevin A. Groba, a married person as filed in the Official Records of Real Property of Brazoria County at Clerk's File Number 20080141 19 and the southwest line of that certain tract as described in a deed dated 01-05-2007 from Patrice Wagstaff,et ux. to Kenneth H. Edwards,et al. as filed in the Official Records of Real Property of Brazoria County at Clerk's File Number 2007059565 to a point for corner, 31.Thence Southeasterly — 259', more or less, continuing with the southwest line of said Kenneth H. Edwards,et al. tract and with the southwest line of that certain tract as described in a deed dated 05-30-2008 from Clover Acquisition Corporation to George Hall, et tut. as filed in the Official Records of Real Property of Brazoria County at Clerk's File Number 2011037576 to a point for corner marking the south corner of said George Hall,et ux. tract; 32.Thence Southwesterly — 40', more or less, with the northwest line of that certain tract as described in a deed dated 02-22-2001 from Leonard L.Cherry,et ux. to George Hall,et al.as filed in the Official Records of Real Property of Brazoria County at Clerk's File Number 01- 008209 to a point for corner marking the north corner of that certain tract as described in a deed dated 03-23-2008 from George Hall,et ux. to Clover Acquisition Corporation as filed in the Official Records of Real Phop.ay of Brazoria County at Clerk's File Number 2008026363; 4 Page 9 of 33 33.Thence the following three(3)counts with the northwesterly line of said Clover Acquisition Corporation tract; 34.Thence Southeasterly—86',more or less,to a point for corner; 35.Thence Southeasterly—86',more or less,to a point for comer; 36.Thence Northeasterly—23',more or leas,to a point for comer; 37.Thence Southeasterly—62',more or less,to a point for corner marking the east corner of said Clover Acquisition Corporation tract; 38.Thence Southwesterly — 146', more or less, with the southeasterly line of said Clover Acquisition Corporation tract to a point for corner marking the west corner of that certain tract as described in a deed dated 08-26-1998 from Richard W. Mann, et ux. to Jeffrey Hunter Brennan,et ux.as filed in the Official Records of Real Psopc ty of Brazoria County at Clerk's File Number 98-036983; 39.Thence Southeasterly — 734', more or less, with the southwest line of said Jeffrey Hunter Brennan, et ux. tract and the southwest line of that certain tract as described in a deed dated 01-03-2008 from The Estate of Teddy Talbot Ruppel, deceased to Karen Ruppel as filed in the Official Records of Real Property of Brazoria County at Clerk's File Number 2008001477 to a point for corner marking the south corner of said Karen Ruppel tract; 40.Thence Northeasterly—660',more or less,with the southeast line of said Karen Ruppel net and the southeast line of that certain tract as described in a deed dated 07-31-2013 from Rodney R. Bradley,et al. to Jack E. Callaway, et ux. as filed in the Official Records of Real Property of Brazoria County at Clerk's File Number 2013037719 to a point for corner marking the east corner of said Jack E.Callaway,et ux.tract 41.Theme Northwesterly—348',mote or less, with the northeast line of said Jack E.Callaway, et ux. tract to a point for corner marking the north corner of said Jack E. Callaway, et ux. tract; 42.Thence Northeasterly — 60', more or less, with the southeast right-of-way line of County Road 127 to a point for corner marking the west corner of that certain tract as described in a deed dated 09-12-2017 from Ronald Whitten, Jr., et al., to John A. Moya, et ux. as filed in the Official Records of Real Property of Brazoria County at Clerk's File Number 2017044983; 43.Thence Southeasterly —328', more or less, with the southwest line of said John A. Moya,et ux. tract and the southwest line of that certain Tract 2 as described in a deed dated 04-05- 2011 from Jane Beeson to Jane Beeson as filed in the Official Records of Real Property of Brazoria County at Clerk's File Number 2011018311 to a point for corner marking the south corner of said Jane Beeson tract; 5 Page 10 of 33 44.Thence Northerly — 650', more or less, with the southeasterly line of of said Jane Beeson tract to a point for corner located on the southwest right-of-way line of County Road 127; 45.Thence Southeasterly—4,320',more or less, with the southwest right-of-way line of County Road 127 to the POINT OF BEGINNING and containing 983 acres of land more or less. "This document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground survey, and is not be used to convey or establish interest in real property except those right and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared." This metes and bounds description is accompanied by a separate plat, drawing or exhibit per Texas Board of Professional Land Surveyor's "General Rules of Procedures and Practices" Section 663.19(9). Compiled by: C.L. Davis&Company Firm No. 10082000 Job Number 11-421-161-AREA L-M&.B.doc 10-17-2017 Revised 11-15-2017 6 Page 11 of 33 .M r I1 ammo E....... • \ I.n �jV f? •IF�1YY .' ,,,,,, i. 1111•111/11M I , . eillsi • Iwo parotai ¶IP4J ..�.� f 1 , , Ilitd ears= t fir'ti4.# II{1R"4i!' " 4; •\ ~fin\ r w�Nl•MIU. it t , I �/ \ wlhw•M/. ALI krrdi'++ e/� /r \ h i k r 6 e OM WHY / e \ / „ "#j►44,3 i. Nom MI'II y \ ralan 4 so 983 ACRES " • 'C.�\ s. \, � •w. ‘441 . ' "/ :/:11:4,(;,,,,. :27; y ei \et ,,,'Irt // g I i .. 4, _ . 4,74ti\ /I i? i ., ,,,i i . . 110, " . I t,.. 1, / /4 11111111111111k ,\ e i irewswsu t ww■rwrrv■■rr aft%II Q III Mr ` w trr ji, ‘ 111..':!!.; o 1e 4 MIF I • lbO-1°"--- 4 �%7= W.WOO III II Parl 91 v �Y�IM I NMill A ., ,: ,II/11 11111•41111 AREA L ,ipoovt , . ... • !,°', y Ct! t rtc ,1 I rr �• , ru._. ,r . it ��, ri-.' ,r. MOW MVO 0 MUM 143 IWO , I n' r r SO/IRAN :t i ». U,.... ,■• 3 •. t ,I_III 1-0.-•-'14, It:- . ,r I Mt 1064 al jar i f/ .. .. ,s a OM O Fit flt i U 1!1 E ar1Eair w ,r`y 'f/ _ • -.•-/ zap a let PO wtio �► ;1mralutr�oui ltas w•r �•- �.. �,,,,,,�r cart Page '12 of 33 I Exhibit C —Service Plan CITY OF PEARLAND, TEXAS SERVICE PLAN FOR AREA L — 983 acres located northeast of SH35, between Dixie Farm Road and County Road 129. 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 of land located adjacent to the City limits and encompassing approximately 983 acres in Brazoria County, Texas. The Tract Is described by metes and bounds in "Exhibit A', and by map in 'Exhibit B"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 according to the Texas Local Government Code, Chapter 43,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. 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 Page 1 of 5 Page 13 of 33 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 norrrral 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 Fire Department (PFD) of the City of Pearland will continue to serve the area. c. Emergency Medical Service: Currently, the tract is service by the Pearland Fire Department (PFD) under an agreement with the county. PFD has Firefighters that are EMS trained and certified, and will continue to provide emergency medical service, Including ambulance transportation services, to the Tract d. Solid Waste and Recycle Collection: Service will be provided to eligible property by private contractor, under contract with the City. To be eligible for City solid waste and recycled 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. My person currently being serviced by a privately owned solid waste or recycling management service provider may continue to use that service for two years after the effective date of the annexation. Those who receive services from the City's solid waste and recycling collection contractor will be billed for the service, in accordance with the contract between the City and the solid waste contractor. 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 county roads), and lighting and traffic control devices, If any, will be operated and maintained by the City, subject to the jurisdiction of other governmental entitles. 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 (such as Texas Department of Transportation)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 Page 2 of 5 Page 14 of 33 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 k 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,grocers and Animal Services related matters. 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 tire 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. Page 3 of 5 Page 15 of 33 4. Solid 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: Additional capital improvements are not necessary at this time to service the tract. 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. 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 Construction of facilities to collect and transmit wastewater to treatment plants will occur as development occurs in and around the tract. Facilities will be constructed by either the City or private developer. The City will make potable water capacity available from existing or future sources built and operated by the City available to the Tract. The City currently operates its own ground water wells and purchases wholesale surface water via contract from third parties. Construction of facilities to collect and transmit water to the tract will occur as development occurs in and around the tract. Facilities will be constructed by either the City or private developer. 6. Roads and Streets (including lighting): Additional roads, streets, or related facilities are not necessary at this time to serve the tract 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 Pods: Additional capital improvements am 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, Building 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. II. 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 Page 4 of 5 Page 16 of 33 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. III. 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 wiu Include, but not be limited to, acts of God, acts of the public enemy,ware 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. IV. ENTIRE PLAN 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. Page 5 of 5 Page 17 of 33 STATE OF TEXAS § COUNTY OF BRAZORIA § CHAPTER 43 TEXAS LOCAL GOVERNMENT CODE DEVELOPMENT AGREEMENT This Agreement is entered into pursuant to Sections 43.035 and 212.172 of the Texas Local Government Code by and between the City of Penland, Texas (the"City") and the undersigned property owner(s)(the"Owner"). The term"Owner"includes all owners of the Property. WHEREAS, the Owner owns a parcel of real property (the "Property") in Brazoria County, Texas,which is more particularly and separately described in the attached Exhibit"A";and WHEREAS,the City has begun the process to institute annexation proceedings on all or portions of Owner's Property;and WHEREAS, the Owner desires to have the Property remain in the City's extraterritorial jurisdiction,in consideration for which the Owner agrees to enter into this Agreement;and WHEREAS, this Agreement is entered into pursuant to Sections 43.035 and 212.172 of the Texas Local Government Code, in order to address the desires of the Owner and the procedures of the City;and NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: Section I. The City guarantees the continuation of the extraterritorial status of the Owner's Property, its immunity from annexation by the City,and its immunity from City property taxes, for the term of this Agreement, subject to the provisions of this Agreement. Except as provided in this Agreement,the City agrees not to annex the Propelty,agrees not to involuntarily institute proceedings to annex the Property, and further agrees not to include the Property in a statutory annexation plan for the Term of this Agreement. However, if the Property is annexed pursuant to the terms of this Agreement, then the City shall provide services to the Property pursuant to Chapter 43 of the Texas Local Government Code. Section 2. The Owner covenants and agrees not to use the Property for any use other than for agriculture, wildlife management, and/or timber land consistent with Chapter 23 of the Texas Tax Code, except for existing single-family residential use of the property, without the prior written consent of the City. The Owner covenants and agrees that the Owner will not file any type of subdivision plat or related development document for the Property with Braznria County or the City until the Property has been annexed into, and zoned by, the City. The Owner covenants and agrees not to construct, or allow to be constructed, any buildings on the Property that would require a building permit if the Property were in the city limits,until the Property has been annexed into,and zoned by,the City. The Owner also covenants and agrees that the City's 1 Page 18 of 33 s Suburban Development (SD) District zoning requirements apply to the Property, and that the Property shall be used only for Suburban Development(SD)District zoning uses,as described in the City's Unified Development Code, that exist on that Property at the time of the execution of this Agreement, unless otherwise provided in this Agreement. However, the Owner may construct an accessory structure to an existing single family dwelling in compliance with all applicable City ordinances and codes. The Owner acknowledges that each and every owner of the Property must sign this Agreement in order for the Agreement to take full effect, and the Owner who signs this Agreement covenants and agrees,jointly and severably,to indemnify,hold harmless, and defend the City against any and all legal claims, by any person claiming an ownership interest in the Property who has not signed the Agreement, arising in any way from the City's reliance on this Agreement. Section 3. The Owner acknowledges that if any plat or related development document is filed in violation of this Agreement, or if the Owner commences development of the Property in violation of this Agreement,then in addition to the City's other remedies,such act will constitute a petition for voluntary annexation by the Owner, and the Property will be subject to annexation at the discretion of the City Council. The Owner agrees that such annexation shall be voluntary and the Owner hereby consents to such annexation as though a petition for such annexation had been tendered by the Owner.If annexation proceedings begin pursuant to this Section,the Owner acknowledges that this Agreement serves as an exception to Local Government Code Section 43.052, requiring a municipality to use certain statutory procedures under an annexation plan. Furthermore, the Owner hereby waives any and all vested rights and claims that they may have under Section 43.002(aX2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any actions Owner has taken in violation of Section 2 herein. Section 4. Pursuant to Sections 43.035(b)(I KB)of the Texas Local Government Code,the City is authorized to enforce all of the City's regulations and planning authority that do not materially interfere with the use of the Property for agriculture,wildlife management,or timber,in the same manner the regulations are enforced within the City's boundaries. The City states and specifically reserves its authority pursuant to Chapter 251 of the Texas Local Government Code to exercise eminent domain over property that is subject to a Chapter 43 and/or Chapter 212 development agreement. The City and the Owner acknowledge and agree that Owner (as the mineral owner and/or lessee) conducts oil and gas operations and surface activities for such operations on the Property. Further, the City and Owner agree that this Agreement shall in no way affect Owner's oil and gas operations or surface activities and facilities for such operations, including periodic revamping and expansion of such facilities, during the Term of this Agreement. Owner shall continue to have the right to fully use and enjoy the Property for the development of the mineral estate during the Tenn of this Agreement. Section 5. The term of this Agreement(the"Term')is five (5)years from the date that the City Manager's signature to this Agreement is acknowledged by a public rotary. The Owner, and all of the Owner's heirs, successors and assigns shall be deemed to have filed a petition for voluntary annexation before the end of the Term,for annexation of the Property to be completed on or after the end of the Term. Prior to the end of the Term, the City may commence the voluntary annexation of the Property. In connection with annexation pursuant to this section,the Owners hereby waive any vested rights they may have under Section 43.002(aX2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any plat or 2 Page 19 of 33 duction any of the owners may initiate during the time between the expiration of this Agreement and the institution of annexation proceedings by the City. Section 6. Property annexed pursuant to this Agreement will initially be zoned AO — Agricultural Open pursuant to the City's Code of Ordinances, pending determination of the property's permanent zoning in accordance with the provisions of applicable law and the City's Code of Ordinances. Section 7. Any person who sells or conveys any portion of the Property shall,prior to such sale or conveyance,give written notice of this Agreement to the prospective purchaser or grantee,and shall give written notice of the sale or conveyance to the City. Furthermore,the Owner and the Owner's heirs, successor, and assigns shall give the City written notice within 14 days of any change in the agricultural exemption status of the Property. A copy of either notice required by this section shall be forwarded to the City at the following address: City of Pearland Attn:City Manager 3519 Liberty Drive Pearland,Texas 77584 Section 8. This Agreement shall be binding upon the City and the Owner and their respective successors and assigns for the Term and run with the Property and be recorded in the real property records of Brazoria County,Texas. Section 9. If a court of competent jurisdiction determines that any covenant of this Agreement is void or unenforceable, including the covenants regarding involuntary annexation, then the remainder of this Agreement shall remain in full force and effect. Section 10.This Agreement may be enforced by any Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Section 1 I. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to the terms of this Agreement. Section 12. Venue for this Agreement shall be in Brazoria County,Texas. Section 13. This Agreement may be separately executed in individual counterparts and, upon execution,shall constitute one and same instrument Section 14. This Agreement shall survive its termination to the extent necessary for the implementation of the provisions of Sections 3,4,and 5 herein. Entered into this(2 day of 41,11/4 44.) 2017. [Signature Page to Follow] 3 Page 20 of 33 OWNER: DENBURY ONSHORE,LLC By: Let. j>dipr 0111) David E.Sheppard, Senior Vice President—Operations THE STATE OF TEXAS § COUNTY OF COLLIN § This instrument was acknowledged before me on the / day of AWAY A • 2017, by David E. Sheppard, Senior Vice President — Operations of DENBURY ONSHORE, LLC,aDe��lawaarree limited liability company,on behalf of said company. �� eitt Notary Public,State of Texas `,� an= Chapter 43 Texas Local Government Code Development Agreement (Signalise Page] Page 21 of 33 CITY OF PEARLAND,TEXAS By: Clay Peaaco, City Manger THE STATE OF TEXAS ¢ COUNTY OF § This instrument was acknowledged before me on the day of 2017,by Clay Pearson,City Manager,City of Pearled,Texas. Noisy Public,Slate of Texas auptar 43 Tons Local Oovaomaot Code Development Apaemmt Piet Page] Page 22 of 33 Exhibit A Page 23 o133 • 1 14 d# V 11111 3 8 0 o 111111 ao CO 2 ...J....a -.I 6> II ' . i O d d o ow r W � Ec is v si - o aP ►d m = Z m j .3g lit 623.4 n X04 GL "fir C a a C w� co) k !..,..„. g 0 o Q � . o �� { I I 6 t z.° w = ti} O'z k O i fl i e...11111i, .. . .,,. . . . .„ ,„ . . ,.• _ , __ i ., . • . i i O Z CO c UJ CB'O :'. ; - • 2 s N I Min ; if ill I JUII } 1 # 1 e ! I III I i1 II 1s m111 I ii 1 . Tar 11 I I a �I 9 � � $ 1I G i 1 . i iliiI ' ' ' # II 111 11111111 it l 1 II II IIIA11111 J tt£r£ _ __ __ _ 11 . E !arras 1 A } - 1 d II � € i �� � ii � ai� � ph caaaaaaaasaaaaasaa 3s e I f impromilinum h . : i Ilattttttttaaaan � ■ GRIIR6AGLLLRIIIIAAiii i ! @rimmilimmiHit A II - 1 LAW OFFICE OF KENNETH R PHILLIPS, PC Attorneys and Counselors 3322 E. Walnut Avenue,Suite I11 Pearland,Texas 77581 Marl*Address:Pont Office Box 3M?,Pwrlaad,Ten.7761-22/17 Telephone R-Mai Pax 281/412-9003 Atty1@P@aoLenm 2111/412-4735 November 15,2017 Mr.Joel Hardy,interim Management Assistant City of Pearland,Texas Pearland,'I'mas Via derail to:jblldvr(ncarlandbc.lov Re: Proposed Chapter 43 Texas Local Government Code Development Agreement [the "Agreemmf] by and between the City of Pearland, Texas [the "City's and George W. Bachmeyer regarding Agricultural Property ID: 172223 [the"Property`] Dear Mr.Hardy: Please be advised that 1 represent George W. liacbmcyer and wife,Marine Iiachmxyer[my "Clients' who arc all of the owners of the Property. 7, ehpety Martha.,please be advised that my Clients have conferred with me regarding the terms and conditions of the Agreement and,alter consideration,must decline the offer of the City. While my Clients do recognize the good faith efforts of the City in this process,they decline to enter into the Agreement because they object to the term of thc Agroement wherebythey stipulate to a Zoning Classification of Suburban Development s"SD"J over the Property. Upon review of the Zoning Chart found in the Unified Building Code of the City,my Clients believe that such a classification is too restrictive and will prevent them, or their children,from marketing the Property for its highest and best use. Candidly,given the proximity of the Property to Pearland Parkway,a major thoroughfare in the City,my Clients believe that the Property should be zoned General Commercial[`KW"]or,at least,Gen ral liminess ran,to allow them to reap the full benefit of the development of the City. 'therefore,my Clients will allow the Property to be annexed into the City and will'anticipate on in the hearing on the Zeroing Classification at which time they will ague for the GC and/or tits classification. Page 27 of 33 Mr.Joel Hardy,Interim Management Assistant City of Pcarlmd,Texas November 15,2017 Page 2 If you have any questions regarding the matters set forth herein,phasedo not hesitate to contact me. Sincerely, ta 1O2P/ cc: File No. 17-171 Damn M.Coker,Esq.,City Attorney City of Pearland,Texas Penland,Texas Via Email to:Qeokerfitncarlandta.ww Mr.and Mrs.George Nacbmeyet do Trinity Oaks Adult Community 3033 Pearland Parkway,No. 102 Pearland,Texas 77581 Page 28 of 33 .. ... , _. . -..4•(-;"dre,. . ‘,...s,": :- e'• . ' . ..- ., . . • • it.,:-. *., ,,,, ., . ' 4; 1.•-. 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