R2005-0071 04-25-05 RESOLUTION NO. R2005-71
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, APPROVING THE ANNEXATION BY
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 34 OF
APPROXIMATELY 45 ACRES OF LAND.
WHEREAS, Brazoria County Municipal Utility District No. 34 (the "District")is
located within the corporate limits of the City of Pearland, Texas ("City"); 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 City Council of the City of Pearland, Texas, hereby
specifically gives its written consent to the annexation of approximately 45 acres as
described further in Exhibit "A" attached hereto, into the District.
Section 4. This Resolution 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 AND ONLY READING this the 25th
day of April , A. D., 2005.
RESOLUTION NO. R2005-71
ATTEST:
APPROVED AS TO FORM:
TOM REID
MAYOR
DARRIN M. COK'ER
CITY ATTORNEY
2
iios EXHIBIT'S'
32, 42, 43 & EAST PORTION OF LOT 33, BLOCK 80
· ACRES
NOVEMBER 8, 2004
JOB NO. TER04-T6
DESCRIPTION OF A 35.00 ACRE TRACT OF LAND
SITUATED IN THE
H.T. & B. RR COMPANY SURVEY~ SECTION 80, ABSTRACT 564
CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS
Being all of Lots 32, 42, 43 and the East portion of Lot 33, Block 80, in ALLISON-RICHEY GULF
COAST HOME COMPANY, a subdivision in the City of Pearland, Brazoria County, Texas, according
to the map or plat thereof recorded in Volume 2, Page 98, Brazoria County Map Records, and being
more fully described by metes and bounds as follows:
BEGINNING at a 1/2-inch iron rod capped Gromly //1918 found for corner, being the common corner
of Lots 23, 31, 32, and 24;
THENCE N 86° 42' 41" E, along the North line of said Lots 32 and 42, a distance of 1760.00 feet to a .
5/8-inch iron rod found for the common corner of Lots 41, 42, 51 and 52 and being the northeast
corner of the herein described tract;
THENCE S 03° 17' 19" E, along the East line of said Lots 42 and 43, a distance of 990.00 feet to a
point from which a 1/2-inch iron rod with cap stamped "Gromly #1918" found bears N 05° 13' E,
1.11 feet;
THENCE S 86° 42' 41" W, a distance of 1320.00 feet to a 5/8-inch iron rod with cap stamped "Brown
& Gay" found for comer;
THENCE N 03° 17' 19" W, parallel to the East line of said Lot 33, a distance 495.00 feet to a 5/8-inch
iron rod with cap stamped "Brown & Gay" found for corner;
THENCE S 86° 42' 41" W, along the South line of said Lots 32, a distance of 440.00 feet to a 5/8-inch
iron rod with caP stamped "Brown & Gay" set for corner;
THENCE N 030 17' 19" W, along the West line of said Lots 32, a distance of 495.00 feet to the
PLACE OF BEGINNING, and containing 35.00 acres of land.
Bearing orientation is based on monumentation found on the west line of a called 120.134 acre tract of
land described in a deed recorded in Volume (90)820, Page 217 of the Official Records of Brazoria
County.
;oUlwAn .&JU;~f~,EJnr~ine~r sR, P~nSc. No. 4264
11490 Westheimer Road, Suite 700
Houston, Texas 77077
Telephone: (281) 558-8700
PAGE 1 OF 1
R:\Projects\Bcmud\bcmud034\03460-05\Admin\35_00ac.d°c
~27, BLOCK 80
.... 10 00 ACRES
NOVEMBER 20, 2003
JOB NO. TER04-T9
DESCRIPTION OF A 10.00 ACRE TRACT OF LAND
SITUATED IN THE
H.T. & B. RR COMPANY SURVEY, SECTION 80, ABSTRACT 564
CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS
Being all of Lot 27, Block 80, in ALLISON-RICHEY GULF COAST HOME COMPANY, a
subdivision in the City of Pearland, Brazoria County, Texas, according to the map or plat thereof
recorded in Volume 2, Page 98, Brazoria County Map Records, and being more fully described by
metes and bounds as follows:
BEGINNING at the common corner of Lots 19 and 27, of said Block 80;
THENCE N 86° 42' 41" E, along the North line of said Lot 27, a distance of 880.0 feet to a point for
corner;
THENCE S 03° 17' 19" E, along the East line of said Lot 27, at 49.43 passing a 1/2-inch iron rod
which bears W 1.43', at 29.35 feet pass a 1/2-inch iron pipe, which bears W 0.16', a total distance of
495.91 feet to a found 3/4-inch iron pipe from which a found 1/2-inch iron rod bears S 2.63' & E
0.33'; '
THENCE S 86° 42' 41" W, along the South line of said Lot 12, a distance of 880.00 feet to a found
60D Nail & Shiner from which a found 3/4-inch iron pipe bears N 83o23, W, 1.2 feet and a found 5/8-
inch iron rod bears S 77°50'W, 1.8 feet;
THENCE N 03° 17' 19" W, along the West line of said Lot 27, at 474.65 feet passing a 1/2-inch iron
rod found W, 1.6 feet, a total distance of 496.82 feet to the PLACE OF BEGINNING, and containing
10.0 acres of land.
Bearing orientation is based on monumentation found on the west line of a called 120.134 acre tract of
land described in a deed recorded in Volume (90)820, Page 217 of the Official Records of Brazoria
County.
Paul A. Jurica, Jr. l~Ll~3./~o. 4264
Brown & Gay Engineers, Inc.
11490 Westheimer Road, Suite 700
Houston, Texas 77077
Telephone: (281) 558-8700
PAGE 1 OF 1
R:\Projects\Bcmud\bcmud034\03460-05\Admin\L27.doc
ALLEN BOONE HUMPHRIES
ATTORNEYS AT LAW
PHOENIX TOWER
3200 SOUTHWEST FREEWAY
SUITE 2600
HOUSTON, TEXAS 77027
TEL (713)860-6400
FAX (713)860-6401
abhllp.com
Direct Line: (713) 860-6406
Direct Fax: (713) 860-6606
lhumphries@abhllp.com
LLP
Lynne B. Humphries
Partner
December 20, 2004
Via Messenger Delivery
Mr. Darrin Coker
City Attorney
City of Pearland
3519 Liberty Drive
Pearland, Texas 77581
Re:
Brazoria County Municipal Udlity District No. 34 (the "District")
Proposed annexation - 45.00 acres
Dear Mr. Coker:
In connection with the referenced proposed annexation, enclosed are the following:
1)
2)
3)
4)
5)
6)
7)
8)
9)
10)
City of Pearland In-City MUD Application Checklist;
City of Pearland In-City MUD Data Form;
Existing Subdivisions Form;
Proposed Subdivisions Form;
Existing Non-Residential Businesses Form;
Proposed Non-Residential Businesses Form;
Anticipated Future Annexations Form;
12 Vicinity maps of the City showing the location of the District and
proposed annexation tract;
12 Detailed maps of the proposed annexation tract and one (1) floppy disk;
and
12 fully completed and signed Petitions for Consent to Annex Land with
metes and bounds description attached.
Please call me at (713) 860-6406 if you have any questions.
Enclosures
Sincerely,
At4prn~y for the Di~t-~ct
50858
City of Pearland
In-City MUD Application Checklist
BRAZORIA COUNTY MUNICIPAL UTITLITY DISTRICT NO. 34
December 16, 2004
Attach this sheet as a cover to the completed information and check each box.
~Fully completed City of Pearland In-City MUD Data Form.
[~Existing Subdivisions Form.
[~Proposed Subdivisions Form.
~Existing Non-Residential Businesses Form.
~Proposed Non-Residential Businesses Form.
~Anticipated Future Annexations Form.
[~Vicinity map of the entire City on a 24 x 36 sheet clearly showing location of the
existing in-city MUD (if applicable) and the proposed annexation tract(s) - 12 copies.
Show the existing and proposed zoning (if different)for each existing MUD tract and
each proposed tract to be annexed.
~Detailed map of each tract (1"=200' scale) - 12 copies, and an AutoCAD drawing
file (.DWG) on CD or 3-1/2" floppy disk (Texas State Plane South Central NAD 83).
~Fully completed and signed annexation petitions with metes and bounds boundary
descriptions for all tracts - 12 copies.
Consent by the City of Pearland for in-city MUD creations and annexations into existing in-
city MUDs is not final until the adoption on second reading of the creation/annexation
ordinance. The annexation/creation ordinance will only be considered simultaneously with
the first and second readings of the zoning ordinance, if required, for the property under
consideration. The applicant is advised to examine the schedule requirements for the zoning
process to ensure timely consideration of this application.
Due to changes in market conditions and other variables, neither the MUD nor the
developer(s) guarantee any of the projections or estimates provided in this Application.
49064
ASHTON SOUTHERN TRAILS
VENTURE, a Texas joint venture
JOINT
By:
Ashton Houston Development L.L.C., a
Texas limited liability company, Venturer
Authorized Representative
By:
Southern Trails Canada
Partnership, an Ontario
partnership, Venturer
Authorized Representative
Limited
limited
49064
City of Pearland
In-City MUD Data Form
BCMUD No. 34
March 17, 2005
Existing Proposed
General Information MUD Tract(s)
1. Proposed Zoning Classification (also show on map) I P~ I ~ I
2. Project Date of Completion of all Homes/Businesses 2009 2009
Existing Proposed
Area MUD Tract(s) Total
3. Total Acreage 477.63 45 522.63
4. Currently Platted Residential Acreage (including road rights-of-way) 0 0 0
5. Currently Platted Commercial Acreage (including road rights-of-way) 0 0 0
6. Currently Undeveloped Acreage 364.27 40 404.27
7. Projected Undeveloped Acreage to be Platted Residential 361.87 40 401.87
8. Prqiected Undeveloped Acreage to be Platted Commercial 2.4 0 2.4
9. Current and Prqiected Detention and Transmission Utility Easements (acres) 66.9 0 66.9
10. I AII Other Acreage (Landscaping, Reserves, Parks, etc.) 46.46 5 51.46
Note:
Lines 7 and 8 should total to Line 6.
Lines 4,5,6,9 & 10 should total to Line 3.
Line 3 should equal the total acreage in the MUD or the Proposed Tracts.
Existing Proposed
Residential Lots MUD Tract(s) Total
11. Total Existing Planned Residential Lots 1284 155 1439
12. Number of Currently Completed/Occupied Homes 0 0 0
13. Number of Currently Completed Lots 0 0 0
14. Number of Lots Under Construction 0 0 0
15. Number of Future Lots 1284 155 1439
Note: Lines 12, 13, 14, & 15 should total to Line 11.
Existing Proposed
Property Values MUD Tract(s) Total
16. Mo~t Re'cent BCAD Valuation (January 1, 2004) $ 85,990 $ 81 $ 86,071
17. Projected Total Valuation at Build Out Date $ 296,100,000 $ 31,775,000 $ 327,875,000
18. Project Residential Valuation at Build Out $ 293,000,000 $ 31,775,000 $ 324,775,000
19. Projected Commercial Valuation at Build Out $ 3,100,000 $ $ 3,100,000
20. Estimated Average Home Value (January 1, 2004) N/A N/A N/A
21. Estimated Average Home Value - at Build Out $ 228,000 $ 205,000 $ 226,000
Note: Lines 18 and 19 should total to Line 17.
Existing Proposed
Property Tax Revenues MUD Tract(s) Total
22. Pre-'Dev'elopment General Fund Taxes @ $.694755/$100 (Date: January i, 2005 ' $ 597.42 $ 0.56 $ 597.98
23. Most Recent Year City Property Taxes @ $.694755/$100 $ 597.42 $ 0.56 $ 597.98
24. Projected City Property Taxes @ $.694755/$100 at Build Out $ 2,057,169.56 $ 220,758.40 $ 2,277,927.96
25. Most Recent Year MUD Rebate Amount @$0.15/$100 $ 128.99 $ 0.12 $ 129.11
26. Projected MUD Rebate Amount at Build Out (Est. As $.05/$100) $ 148,050.00 $ 15,887.50 $ 163,937.50
Calculations
27. Approx. Net Density at Build Out - Homes/Acre (Line 11/(3-9))
28. Net Annual Revenue to City - Current Estimate (Line 23-25-22)
29. Net Annual Revenue to City - Build Out Estimate (Line 24-26-22)
Existing Proposed
MUD Tract(s) Total
3.13 3.44 I 3.16 I
$ (128.99) $ (0.12) $ (129.11)
$ 1,908,522.14 $ 204,870.34 $ 2,113,392.47
City of Pearland
In-City MUD Data Form
BCMUD No. 34
15-Dec-04
Existing Subdivisions Within Existing MUD
Projected Percent
Subdivision Name Area (Acres) Lots Complete
Southern Trails 477.74 1439 0%
City of Pearland
In-City MUD Data Form
BCMUD No. 34
15-Dec-04
Proposed Subdivisions Within Annexation Request
Projected Percent
Subdivision Name Area (Acres) Lots Complete
Southern Trails 45 155 0%
City of Pearland
In-City MUD Data Form
BCMUD No. 34
15-Dec-04
Existing Non-Residential Businesses Within Existing MUD
Business Name
Type of Business
N/A N/A
City of Pearland
In-City MUD Data Form
BCMUD No. 34
15-Dec-04
Proposed Non-Residential Businesses Within Annexation Request
Business Name
Type of Business
N/A N/A
City of Pearland
In-City MUD Data Form
BCMUD No. 34
15-Dec-04
Anticipated Future Annexation Requests
Projected
General Tract Description Area (Acres) Lots
N/A N/A N/A