Ord. 1565 2018-08-27 ORDINANCE NO. 1565
An Ordinance of the City Council of the City of Pearland, Texas, approving
the annexation of approximately 31.42 acres by Brazoria County Municipal
Utility District No. 22 (Lakes of Savannah).
WHEREAS, Brazoria County Municipal Utility District No. 22 (the "District") is located
within the extraterritorial jurisdiction of the City of Pearland, Texas ("City"); and
WHEREAS, the City consented to the creation of the District by Resolution No. 2000-
128 dated October 23, 2000; and
WHEREAS, Section 54.016, V.T.C.A., Water Code, as amended, provides that no land
within the corporate limits of a city or within the extraterritorial jurisdiction of a city, shall be
included within a municipal utility district unless such city grants its written consent, by resolution
or ordinance, to the inclusion of the land within the district; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. All of the matters and facts set forth in the preamble hereof are true and
correct.
Section 2. The "Petition for Consent to Include Additional Land in Brazoria County
Municipal Utility District No. 22" (the "Petition") relative to 31.42 acres of land is attached hereto
as Exhibit "A" and made a part hereof for all purposes.
Section 3. The City Council of the City of Pearland, Texas, hereby specifically gives
its written consent to the annexation of the 31.42 acres described in the Petition and the exhibit
attached hereto, into the District conditioned upon the terms set forth in Resolution No. 2000-
128.
Section 4. This Ordinance shall take effect immediately from and after its passage in
accordance with the provisions of the Charter of the City of Pearland and it is accordingly so
resolved.
PASSED and APPROVED ON FIRST READING this the 13th day of Au ust, A. D., 2018.
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TOM REID
MAYOR
ORDINANCE NO. 1565
ATTEST:
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APPROVED AS TO FORM: 1111►
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DARRIN M. COKER
CITY ATTORNEY
PASSED and APPROVED ON SECOND AND FINAL READING this the 27th day of
August, A. D., 2018. p
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TOM REID
MAYOR
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APPROVED AS TO FORM:
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DARRIN M. COKER
CITY ATTORNEY
2
EXHIBIT
PETITION FOR CONSENT TO ANNEX LAND INTO
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 22
THE STATE OF TEXAS §
§
COUNTY OF BRAZORIA §
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF
PEARLAND,TEXAS:
The undersigned, BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO.
22 (the "District"), and SAVANNAH DEVELOPMENT, LTD., a Texas limited
partnership (the "Petitioner"), acting pursuant to the provisions of Chapter 49, Texas
Water Code,particularly Section 49.301 of that Code,together with all amendments and
additions thereto, respectfully petition the City Council of the City of Pearland, Texas
(the "City"), for its written consent to the annexation by the District of the 31.42 acre
tract of land described by metes and bounds in Exhibit A (the "Land"), which is
attached hereto and incorporated herein for all purposes. In support of this petition,the
undersigned would show the following:
I. }
The District is a municipal utility district duly created under the laws of the State
of Texas on June 18,2001. The District was created and organized under the terms and
provisions of Article XVI, Section 59, and Article III, Section 52, of the Constitution of
Texas,and is governed by the provisions of Chapters 49 and 54,Texas Water Code.
IL
The Petitioner holds fee simple title to the Land,as indicated by the certificate of
ownership provided by the Bra zoria County Appraisal District, supplemented by a
deedtracing title to the Petitioner. The Petitioner represents that there are no
lienholders on the Land other than Tyrone and Lillie Dorian.
III.
The Land is situated wholly within Brazoria County,Texas. No part of the Land
is within the limits of any incorporated city, town or village, and no part of the Land is
within the extraterritorial jurisdiction (as such term Is defined in Local Government
Code Section 42.001 et sgq., as amended) of any city, town or village except the City.
All of the Land may properly be annexed into the District.
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IV.
The general nature of the work to be done within the Land is the construction,
acquisition, maintenance and operation of a waterworks and sanitary sewer system, a
drainage and storm sewer system, parks and recreational facilities, and fire-fighting
facilities.
V.
There is, for the following reasons,a necessity for the above-described work. The
Land,which will be developed for commercial and/or residential purposes, is urban in
nature,is within the growing environs of the City,is in close proximity to populous and
developed sections of Brazoria County, and within the immediate future will
experience a substantial and sustained residential and commercial growth. There is not
now available within the Land an adequate waterworks and sanitary sewer system nor
an adequate drainage system, and it is not presently economically feasible for the Land
to provide for such systems itself. Because the health and welfare of the present and
future inhabitants of the Land and of lands adjacent thereto require the construction,
acquisition, maintenance and operation of an adequate waterworks and sanitary sewer
system, and a drainage and storm sewer system, a public necessity exists for the
annexation of the Land into the District, to provide for the purchase, construction,
extension, improvement, maintenance and operation of such waterworks and sanitary
sewer system, and such drainage and storm sewer system,so as to promote the purity
and sanitary condition of the State's waters and the public health and welfare of the
community.
VI.
The undersigned estimate, from such information as they have at this time, that
the cost of extending the District's facilities to serve the Land is$1,980,066.
VII.
The Petitioner and the District agree and hereby covenant that if the requested
consent to the annexation of the Land to the District is given, the Petitioner and the
District will adopt and abide by the conditions set forth in Exhibit B, attached hereto
and incorporated herein for all purposes.
WHEREFORE, the undersigned respectfully pray that this petition be heard and
granted in all respects and that the City give its written consent to the annexation of the
Land into the District.
(EXECUTION PAGES FOLLOW]
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Page 9 of 15
..•
RESPECTFULLY SUBMITTED on this (iay of 3' /y .,2018.
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BRAZORIA COUNTY MUNICIPAL
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UTILITY DISTRICT NO.22
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THE STATE OF TEXAS §
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COUNTY OF /1(L.,1•IGes-'14 §
This instrument was acknowledged before me on this i i Pliday of
_L.-July. ..„201p,by .,.`20(. ./252,:•31...(:•,`•":....____...__, as ./..--1-
and L4Le_.L....„...f.:...:-:.-/__.(.L._., as N4.1ig.::,. ..1.,-.-.,-. of the Board of Directors of
BRAZC IA COUNTY MUNICIPAL UTILITY DitaR ICT NO.22,a political subdivision
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of the State of Texas,on behalf of said political subdivision.
K-1FALE RLY"CAN— NON--
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Notilf kiblic,State of Texas
(NOTARY SEAL)
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66E216
Page 10 of 15
•
SAVANNAH DEVELOPMENT,LTD.,a Texas
limited partnership
y Lennar Texas Holding Company,a
Texas corporation,its General Partner
•
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zila John W.11310111011d
Vice Preticlent
..---- Title:
THE STATE OF TEXAS
COUNTY OF AkartN5
This instrument was acknowledged before mc this ID`tk- day of
•
, 2018, by (.....0-NAk.. .,„„os. , of Lennar
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Texii --J °Mil% Company, a Texas corporation, as General Partner of SAVANNAH
DEVELOPMENT, LTD., a Texas limited partnership, on behalf of said corporation and
said limited partnership.
(NOTARY SEAL)
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. •.:• MONICA 0 VEGA DUFFIELD
NOtt:WLZA31 •of exas
.• .! 1 Notary 10#6846915
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February 23,2020
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Attachments:
Exhibit A: Description of the Land
Exhibit B: Conditions of the City
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Page 11 of 15
July 18, 2017
Job No. 0388-1704
METES AND BOUNDS DESCRIPTION
31.42 ACRES OUT OF THE
H. T. &B. R.R. CO. SURVEY, SECTION 77,ABSTRACT NUMBER 302
BRAZORIA COUNTY,TEXAS
Being 31.42 acres of land located in the H. T. &B. RR. Co. Survey, Section 77, Abstract
Number 302, Brazoria County, Texas, being the residue of that certain called 74.931 acre tract
described in deed to Tyrone and Lillie Dorian by an Instrument of record in Document Number
2004038110, of the Official Records of said Brazoria County, Texas (B.C.O.R.), corrected by
Document Number 2004056766, B.C.O.R., said 31.42 acre tract being more particularly
'described by metes and bounds as follows (all bearings referenced to the Texas Coordinate
System, South Central Zone, NAD 83, 2011 Adjustment);
Beginning at 5/8-inch Iron rod with cap stamped`Brown &Gay" found for the northwest corner
of Laurel Heights at Savannah Section Eight, a subdivision of record In Document Number
2015042586, B.C.O.R., In the north line of said 74.931 acre tract, common to the south line of
that certain called 26.935 acre tract described as"Tract I" in deed to Jose Luis Flores by an
Instrument of record in Document Number 03-061329, B.C.O.R,;
Thence, South 03° 03' 54° East, along the west line of said Laurel Heights at Savannah
Section Eight, 1480.47 feet to a 5/8-inch iron rod with cap stamped "Brown & Gay" found for the
southwest corner of said Laurel Heights at Savannah Section Eight, common to a north corner of
Laurel Heights at Savannah Section Seven, a subdivision of record in Document Number
2015042448, B.C.O.R., in the south Ilne of said 74.931 acre tract
Thence, South 86° 55' 16"West, along the south line of said 74.931 acre tract, common
to the north line of said Laurel Heights at Savannah Section Seven, 923.29 feet to a 5/8-inch iron
rod found for the southwest corner of said 74.931 acre tract, common to the northwest corner of
said Laurel Heights at Savannah Section Seven, in the east line of Savannah Parkway and
Reserve, a subdivision of Record In Document Number 2017030375, B.C,O.R. and the east line
of that certain called 299.509 acre tract described as"Tract 3"in deed to Savannah Development,
Page 1 of 2
C:WeerrlyonaicyDeektopIDorian LT8 MB.doox
Page 12 of 15
31.42 Acres July 18, 2017
Job No.0388-1704
Ltd. by instruments of record in File Number 2000080225 of the Official Public Records of Fort
Bend County, Texas (F.B.C.O.P.R.) and File Number 00-037203, B.C.O.R;
Thence, North 03°09'50'West, along the west line of said 74.931 acre tract, common to
the east line of said Savannah Parkway and Reserve and the east line of said 299.509 acre tract,
passing at a distance of 253.66 feet, a 5/8-inch iron rod with cap stamped "LJA ENG" previously
set for the most easterly northeast corner of said Savannah Parkway and Reserve, continuing
along the west line of said 74.931 acre tract, common to the east line of said 299.509 acre tract,
passing at a distance of 572.38 feet, a 5/8-inch iron rod with cap stamped "Brown & Gay° found
for the southeast corner of that certain called 0.0551 acre tract, described as "Directors Lot 1"in
deed to Ron Wefelmeyer by an instrument of record in File Number 01-000160, B.C.O.R.,
continuing along the west line of said 74.931 acre tract, common to the east line of said 299.509
acre tract and the east lines of said Directors Lot 1,that certain called 0.0551 acre tract,described
as"Directors Lot 2"in deed to Staci Adams by an instrument of record in File Number 01-000159,
B.C.O.R., that certain called 0.0551 acre tract, described as "Directors Lot 3" in deed to Kay
Medlin in File Number 01-000158, B.C.O.R., that certain called 0.0551 acre tract, described as
"Directors Lot 4' by an instrument of record In deed to Tawny Spidle in File Number 01-000157,
B.C.O.R., and that certain called 0.0551 acre tract, described as"Directors Lot 5' in deed to Joe
White by an instrument of record in File Number 01-000156, B.C.O.R., passing at a distance of
722.38 feet, a 5/8-inch iron rod with cap stamped "Brown &Gay" found for the northeast corner
of said Director's Lot 5, and continuing along the west line of said 74.931 acre tract, common to
the east line of said 299.509 acre tract, in all, a total distance of 1479.85 feet to a 5/8-inch iron
rod in concrete found for the northwest corner of said 74.931 acre tract,common to the southwest
corner of the aforementioned 26.935 acre tract, in the east line of said 299.509 acre tract;
Thence, North 86°52'57" East, along the north line of said 74.931 acre tract, common to
the south line of said 26.935 acre tract,925.85 feet to the POINT OF BEGINNING and containing
31.42 acres of land.
ILA Engineering, Inc.
Page 2012
C:1Ueerayronak1Deaktop\Dodan LTS MB.doox
Page 13 of 15
EXHIBIT B
(a) The City of Pearland, Texas (the "City"),by execution of its City Manager,and the
developer on behalf of the District have entered into and executed a utility agreement that specifies
the terms and conditions for providing water and sewage treatment services to the District (the
"Utility Agreement"). The District shall assume all the rights, obligations, and interests of the
developers under the Utility Agreement,as set forth therein.
(b) The District may issue bonds, including refunding bonds, for any purposes
authorized by law, including but not limited to, purchasing, refinancing, designing and
constructing, or otherwise acquiring waterworks systems, sanitary sewer systems, storm sewer
systems, and drainage facilities, or parts of such systems or facilities, and to make any and all
necessary purchases,constructions,Improvements,extensions,additions,and repairs thereto,and to
purchase or acquire all necessary land, right-of-way,easements,sites,equipment,buildings,plants,
structures, and facilities therefor, and to operate and maintain same, and to sell water, sanitary
sewer,and other services within or without the boundaries of the District. Such bonds must provide
that the District reserves the right to redeem said bonds on any date subsequent to the fifteenth
(15th)anniversary of the date of issuance(or any earlier date at the discretion of the District)without
premium,and none of such bonds,other than refunding bonds,will be sold for less than 95%of par;
provided that the net effective interest rate on bonds so sold, taking Into account any discount or
premium as well as the interest rate borne by such bonds,will not exceed two percent (2%) above
the highest average interest rate reported by the I)nils Bond fiver in its weekly "20 Bond Index'
during the one-month period next preceding the date of the sale of such bonds. The resolution
authorizing the issuance of the District's bonds will contain a provision that the pledge of any
revenues from the operation of the District's water and sewer and/or drainage system to the
payment of the District's bonds will terminate when and if the City annexes the District,takes over
the assets of the District,and assumes all of the obligations of the District.
(c) Before the commencement of any construction within the District, its directors,
officers,or developers and landowners will submit to the City,or to its designated representative,all
plans and specifications for the construction of water,sanitary sewer and drainage facilities to serve
the District and obtain the approval of such plans and specifications therefrom. All water wells,
water meters,flushing valves,valves,pipes,and appurtenances thereto,installed or used within the
District, will conform to the specifications of the City. All water service lines and sewer service
lines,lift stations,and appurtenances thereto,installed or used within the District will comply with
the City's standard plans and specifications as amended from time to time. Prior to the construction
of such facilities within or by the District, the District or its engineer will give written notice by
registered or certified mail to the City, stating the date that such construction will be commenced.
The construction of the District's water,sanitary sewer,and drainage facilities will be in accordance
with the approved plans and specifications and with applicable standards and specifications of the
City; and during the progress of the construction and installation of such facilities, the City may
make periodic on-the-ground inspections.
(d) Prior to the sale of any lot or parcel of land, the owner or the developer of the land
included within the limits of the District will obtain the approval of the Planning and Zoning
Commission of the City of a plat which will be duly recorded in the Official Records of Brazoria
County,Texas,and otherwise comply with the rules and regulations of the Engineering Department
and the Department of Public Works of the City of Pearland.
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CERTIFICATE
•
THE STATE OF TEXAS §
§
COUNTIES OF BRAZORIA AND FORT BEND §
I, the undersigned Secretary of the Board of Directors of Brazoria County
Municipal Utility District No. 22, do hereby certify that the attached and foregoing is a
true and correct copy of the Petition For Consent To Annex Land Into Brazoria County
Municipal Utility District No. 22 that was filed with the Board of Directors of the
District on this 11t'day of �•�`u _._.._._.__. .,2018.
WITNESS MY HAND AND SEAL OF SAID DISTRICT on this t? ay of
, 2018.
BRAZORIA COUNTY MUNICIPAL
UTILITY DISTRICT NO.22
(1f
By:.
Sctcrct, ' v,Board of Directors
(SEAL)
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