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Ord. 1170 06-28-05ORDINANCE NO. 1170 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28 OF 188.7633 ACRES OF LAND. WHEREAS, Brazoria County Municipal Utility District No. 28 ("District") is located within the corporate limits of the City of Pearland, Texas ("City"); and WHEREAS, the City consented to the creation of the District by Ordinance No. 1055 dated March 11, 2002; 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 Annex Land Into Brazoria County Municipal Utility District No. 28 (the "Petitions") are 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 188.7633 acres described in the Petitions and the exhibits attached hereto, into the District conditioned upon the terms set forth in Ordinance No. 1055. 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. ORDINANCE NO. 1170 PASSED and APPROVED on FIRST READING this the 14th day of June ATTEST: , A. D., 2004. TOM REID MAYOR PASSED and APPROVED ON SECOND AND FINAL READING this the 28th day of June , A. D., 2004. ATTEST: NG Y SE '' ETARY APPROVED AS TO FORM: iA DARRIN M. COKER CITY ATTORNEY 2 TOM REID MAYOR ALLEN BOONE HUMPHRIES LLP Direct Line: (713) 860-6429 Direct Fax: (713) 860-6629 VIA MESSENGER Mr. Darrin Coker City Attorney City of Pearland 3519 Liberty Drive Pearland, Texas 77581 ATTORNEYS AT LAW PHOENIX TOWER 3200 SOUTHWEST FREEWAY SUITE 2600 HOUSTON, TEXAS 77027 TEL (713)860-6400 FAX (713)860-6401 abhllp.com scovan@abhllp.com May 28, 2004 Re: Brazoria County Municipal Utility District No. 28 (the "District") Dear Mr. Coker: Sharon Covan Legal Assistant Enclosed please find the following documents in connection with the annexation of 39.5047- acre, 65.4324-acre and 83.8262-acre tracts of land into above referenced District: (1) In -City MUD Application Checklists; (2) City of Pearland In -City Data Form, including the Existing Subdivisions Form, Proposed Subdivisions Form, Existing Non -Residential Businesses Form, Proposed Non -Residential Businesses Form, and Anticipated Future Annexations Form; (3) Petitions for Consent to Annex Land into the District (12 copies); (4) Vicinity map of the City (12 copies); (5) Detailed map of the tracts proposed for annexation (12 copies), including 31/2" floppy disk. If you have any questions, please contact me at 713-860-6429 or Alex Garcia at 713-860- 6414. Enclosures Sirrely, - Sharon Covan Legal Assistant 29880 City of Pearland In -City MUD Application Checklist MUD # BRAZORIA COUNTY MUD NO. 28 Date May 24, 2004 Attach this sheet as a cover to the completed information and check each box. aFFully completed City of Pearland In -City MUD Data Form. I Existing Subdivisions Form. al'roposed Subdivisions Form. LI-Existing Non -Residential Businesses Form. Proposed Non -Residential Businesses Form. Anticipated Future Annexations Form. al -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 id33). 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. MUSGRAVE-GROHMAN VENTURES, LTD., a Texas limited partnership By: MUSGRAVE ABILENE, LLC, a Texas limited liability company By: /4.-1, , Name: Kenneth L. Musgr e Title: Manager (as to its tracts only) 29807 PETITION FOR CONSENT TO ANNEX LAND INTO BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28 THE STATE OF TEXAS COUNTY OF BRAZORIA TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: The undersigned, duly elected officer of Brazoria County Municipal Utility District No. 28 (the "District") and Musgrave-Grohman Ventures, Ltd., ("Musgrave- Grohman") a Texas limited partnership ("Petitioners"), acting pursuant to the provisions of Chapter 49, Texas Water Code, particularly Sections 49.301(a)-49.301(f), respectfully petition the City Council of the City of Pearland, Texas, for its written consent to the annexation by the District of the tract of land described by metes and bounds in Exhibit "A" (the "Land"). In support of this petition, the undersigned would show the following: I. The District was created by the Texas Commission on Environmental Quality on February 27, 2003, and is governed by the provisions of Chapters 49 and 54, Texas Water Code, as amended. II. Musgrave-Grohman holds fee simple title to the Land sought to be annexed to the District, as indicated by a recorded deed. 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 corporate boundaries (as such term is defined in Texas Local Government Code Section 42.001 et seq., as amended) of any city, town or village, except the City of Pearland, Texas. All of the territory proposed to be annexed may properly be annexed into the District. 15377 IV. The Land is described by metes and bounds in Exhibit "A," which is attached hereto and incorporated herein for all purposes. V. The general nature of the work to be done in the area sought to be annexed into the District is the construction, acquisition, maintenance and operation of a waterworks and sanitary sewer system and a drainage and storm sewer system. VI. There is, for the following reasons, a necessity for the above -described work. The Land proposed to be annexed into the District, which will be developed for residential and/ or commercial purposes, is urban in nature, is within the growing environs of the City of Pearland, Texas, is in close proximity to populous and developed sections of Brazoria County, and within the immediate future will experience a substantial and sustained growth. 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. VII. The Petitioners certify that there are no lienholders on the Land. VIII. The District agrees and hereby covenants that if the requested consent to the annexation of the Land to the District is given, the District will adopt and abide by the conditions set forth in Exhibit "B," attached hereto and incorporated herein for all purposes. 15377 -2 IX. The undersigned estimate, from such information as they have at this time, that the cost of constructing the District's facilities to serve the Land sought to be annexed is $7,750,000 and that the cost of constructing the District's facilities to serve the Land sought to be annexed will not exceed the current bonded authorization limit of the District. WHEREFORE, the undersigned respectfully pray that this petition be heard and granted in all respects and that the City of Pearland, Texas, give its written consent to the annexation of the Land into the District. [EXECUTION PAGES FOLLOW] 15377 -3 RESPECTFULLY SUBMITTED this 26th day of May, 2004. ATTEST: \s‘u.. David Youn \ Ut of D,.r-c er (SEAL) THE STATE OF TEXAS COUNTY OF HARRIS § § BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28 Z' Scott Spidle President, Board of Directors ,a7-‹ This instrument was acknowledged before me on this 26th day of May, 2004, by Scott Spidle as President, and David Young as Secretary, of the Board of Directors of Brazoria County Municipal Utility District No. 28, a political subdivision of the State of Texas, on behalf of said political subdivision. (NOTAR CP') SHARON COVAN MY COMMISSION EXPIRES .3! March 29, 2008 Notary Public, State of Texas 15377 4 MUSGRAVE-GROHMAN VENTURES, LTD., a Texas limited partnership By: MUSGRAVE ABILENE, LLC, a Texas limited liability company its general partner By: Name: Kenneth L. Musgrave Title: Manager THE STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on this 24 day of 2004, by Kenneth L. Musgrave, Manager of Musgrave Abilene, LLC, a Te imited liability company, general partner of Musgrave-Grohman Ventures, Ltd., a T as limited partnership, on behalf of said company apartnership. (NOTARY SEAL) Notary Public, State of Texas 15377 -5 CERTIFICATE THE STATE OF TEXAS § COUNTY OF BRAZORIA § I, the undersigned Secretary of the Board of Directors of Brazoria County Municipal Utility District No. 28, 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. 28 that was filed with the Board of Directors of the District on May 26, 2004. WITNESS MY HAND AND SEAL OF SAID DISTRICT this 26th day of May, 2004. �‘,,t1111uUrNiJ, ` \!‘P!!�/�� /�s • • David Young Secretary, Board o irectors 15377 -6 EXHIBIT "A" April 26, 2004 Job No. 1711-0001-021 DESCRIPTION OF 39.5047 ACRES PROPOSED ANNEXATION TRACT 2 BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28 BOUNDARY Being 39.5047 acres of land located in the D.H.M. Hunter Survey, Abstract 76, Brazoria County, Texas, more particularly being a portion of that certain called 181.6209 acres conveyed to Sue Alexander Morrison a.k.a. Susie Alexander Morrison by instrument of record in Volume 1596, Page 93 of the Deed Records of Brazoria County, Texas (B.C.D.R.), said 39.5047 acres being more particularly described by metes and bounds as follows (all bearings referenced to the southeasterly line of that certain called 155.4029 acre tract conveyed to John Alexander by instrument of record in Volume (91) 880, Page 476, Official Records, Brazoria County, Texas (B.C.O.R.), South 44° 16' 28" West); BEGINNING at the northeast corner of that certain tract called 2.479 acres and the southeast corner of that certain tract called 2.72 acres, both conveyed to the City of Pearland by instruments of record under File Nos. 01-016632 & 01- 016877, respectively B.C.O.R., same being on the easterly right-of-way line of Pearland Parkway (130 feet wide) and on the north line of aforementioned 155.4029 acres; Thence, North 30° 06' 36" West, along the easterly right-of-way line of said Pearland Parkway, 910.96 feet to a point for corner, being the northeast comer of said 2.72 acre tract, same being on a northwesterly line of aforementioned 181.6209 acres and on a southeasterly line of that certain called 170.492 acres conveyed to Beazer Homes Texas L.P. by instrument of record under File No. 01-000875, B.C.O.R.; Thence, North 44° 16' 12" East, along the common line of said 181.6209 acres and said 170.492 acres, 1952.67 feet to a point for corner, being in the centerline of Clear Creek; Thence, along the centerline of said Clear Creek the following eleven (11) courses; 1) South 24° 38' 28" East, 95.71 feet to a point for comer; 2) South 26° 36' 33" East, 97.96 feet to a point for comer; 3) South 28° 52' 13" East, 43.32 feet to a point for corner; 4) South 26° 23' 10" East, 92.91 feet to a point for corner; 5) South 30° 55' 54" East, 110.11 feet to a point for corner; 6) South 41° 14' 38" East, 43.96 feet to a point for corner; \Uja1fsOTCAD\Projdskl\SURVEY1171110001\M&B\Annex2\39 5047acm&b.doc Page 1 of 2 39.5047 Acres April 26, 2004 Job Number 1711-0001-021 7) South 53° 18' 02" East, 107.02 feet to a point for corner; 8) South 47° 12' 29" East, 104.18 feet to a point for corner; 9) South 25° 32' 19" East, 105.12 feet to a point for corner; 10) South 11° 00' 13" East, 41.82 feet to a point for corner; 11) South 04° 07' 32" East, 97.55 feet to a point for corner on the southerly line of aforementioned 181.6209 acres, same being on the north line of aforementioned 155.4029 acre tract; Thence, South 44° 16' 28" West, along the common line of said 181.6209 acres and said 155.4029 acres, 1948.43 feet the POINT OF BEGINNING and containing 39.5047 acres of land. Note: This document was prepared under 22 TAC § 663.21, does not reflect the results of an on -the -ground survey and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. KITH W. MOI` 4797 f ��4 411 u LJA Engineering & Surveying Inc. Page 2 of 2 EXHIBIT "A" April 26, 2004 Job Number 1711-0001-021 DESCRIPTION OF 83.8262 ACRES PROPOSED ANNEXATION TRACT 1 BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28 BOUNDARY Being 83.8262 acres of land located in the D.H.M. Hunter Survey, Abstract 76 and the H.T. & B.R.R. Co. Survey, Section 1, Abstract 233, Brazoria Cdunty, Texas, more particularly being a portion of that certain called 181.6209 acres conveyed to Sue Alexander Morrison a.k.a. Susie Alexander Morrison by an instrument of record in Volume 1596, Page 93 of the Deed Records of Brazoria County, Texas (B.C.D.R.), said 83.8262 acres being more particularly described by metes and bounds as follows (all bearings referenced to the southeasterly line of that certain called 155.4029 acre tract conveyed to John Alexander by instrument of record in Volume (91) 880, Page 476, Official Records, Brazoria County, Texas (B.C.O.R.), South 44° 16' 28" West); BEGINNING at the northwest corner of that certain tract called 2.479 acres and the southwest corner of that certain tract called 2.72 acres, both conveyed to the City of Pearland by instruments of record under File Nos. 01-016632 & 01- 016877, respectively, B.C.O.R., same being on the westerly right-of-way line of Pearland Parkway (130 feet wide) and on the north line of aforementioned 155.4029 acres; Thence, South 44° 16' 28" West,' along the north line of said RH of Texas tract, 1878.72 feet to a point for corner, being the easterly corner of that certain Boundary Line Agreement by instrument of record in Volume 1744, Page 18, B.C.D.R. same being on the northeast line of said H.T. & B.R.R. Co. Survey and the southwest line of said D.H.M. Hunter Survey; Thence, South 85° 36' 32" West, along the southerly line of said Boundary Line Agreement, 1141.67 feet to a point for corner; Thence, North 00° 16' 07" East, 29.49 feet to a point for corner, being on the north right-of-way line of Orange Street (50 feet wide); Thence, South 85° 36' 53" West, along said north right-of-way line of Orange Street, 1.25 feet to a point for corner; Thence, North 89° 47' 09" West, continuing along said north right-of-way line of Orange Street, 2027.31 feet to a point for corner, being the intersection of said north right-of-way line of Orange Street and the easterly right-of-way line of Old Alvin Road (Width Varies); I:\Projdskl1SURVEY\1711\OOOl\M&13\.Anne, \83_8262ACM&B.doc Page 1 of 2 83.8262 Acres April 26, 2004 Job Number 1711-0001-021 Thence, along said easterly right-of-way line of Old Alvin Road the following three (3) courses; 1) North 00° 07' 30" West, 374.87 feet to a point for corner, the beginning of a curve; 2) 204.01 feet along the arc of a tangent curve to the left having a radius of 2036.66 feet, a central angle of 05° 44' 21", and a chord that bears North 02° 59' 40" West, 203.92 feet to a point for corner, the beginning of a curve; 3) 75.06 feet along the arc of a non -tangent curve to the right having a radius of 1956.66 feet, a central angle of 02° 11' 53", and a chord that bears North 04° 08' 31" West, 75.06 feet to a point for corner, being the southwest corner of that certain called 170.492 acre tract of land conveyed to Beazer Homes Texas, L.P., by instrument of record under File No. 01-000875, B.C.O.R., same being the northwest comer of aforementioned 181.6209 acres; Thence, North 89° 48' 26" East, along the common line of said 170.492 acres and said 181.6209 acres, 2554.79 feet to a point for corner, being on the common line of said H.T.&B.R.R. CO. Survey and said D.H.M. Hunter Survey; Thence, North 44° 16' 12" East, continuing with said common line, 2125.06 feet to a point for corner, being the northwest corner of said 2.72 acre tract and on the westerly right-of-way line of Pearland Parkway (130 feet wide); Thence, South 30° 06' 36" East, along said westerly right-of-way line of Pearland Parkway, 910.95 feet to the POINT OF BEGINNING and containing 83.8262 acres of land. Note: This document was prepared under 22 TAC § 663.21, does not reflect the results of an on -the -ground survey and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. LJA Engineering & Surveying Inc. Page 2 of 2 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 ihto 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 Daily Bond Buyer 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 15377 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. 15377 1 2 City of Pearland In -City MUD Data Form MUD # BCMUD No. 28 Date June 8, 2004 General Information Proposed Zoning Classification (also show on map) Projected Date of Completion of All Homes/Businesses Area Existing Proposed MUD Tract(s) R-2, R-3, M-2 2007 Existing PUD 2009 Proposed 3 Total Acreage 322.6031 188.7633 511.3664 4 Currently Platted Residential Acreage (including road rights of way) 226.6260 0 226.6260 5 Currently Platted Commercial Acreage (including road rights of way) 0 0 0 6 Currently Undeveloped Acreage 40.1506 135.9598 176.1104 7 Projected Undeveloped Acreage to be Platted Residential 31.8582 125.0094 156.8676 8 Projected Undeveloped Acreage to be Platted Commercial 8.2924 10.9504 19.2428 9 Current and Projected Detention & Transmission Utility Easements (acres 43.9590 41.8622 85.8212 10 All Other Acreage (Landscaping Reserves, Parks, etc) 11.8675 10.9413 22.8088 Note: Lines 7 and 8 should total to Line 6. Lines 4, 5, 6, 9, and 10 should total to Line 3. Line 3 should equal the total acreage in the MUD or the Proposed Tracts. Residential Lots Existing Proposed I a�a1a, 1 1J1.13 Note: Lines 12, 13, 14, and 15 should total to Line 11 Property Values Existing Proposed 16 Most Recent BCAD Valuation (Date: January 1, 2003) $ 464,085.00 $ 684,070.00 $ 1,148,155.00 17 Projected Total Valuation at Build Out Date $ 166,793,440.00 $ 76,335,040.00 $ 243,128,480.00 18 Projected Residential Valuation at Build Out $ 165,964,200.00 $ 75,240,000.00 $ 241,204,200.00 19 Projected Commercial Valuation at Build Out $ 829,240.00 $ 1,095,040.00 $ 1,924,280.00 20 Estimated Average Home Value (Date: January 1, 2003) $ - $ - $ - 21 Estimated Average Home Value - at Build Out $ 180,200.00 $ 180,000.00 $ 180,000.00 Note: Lines 18 and 19 should total to Line 17 Property Tax Revenues Existing Proposed 22 Pre -Development General Fund Taxes @$.696/100 (Date1/1/2003) $ 3,230.03 $ 4,761.13 $ 7,991.16 23 Most Recent Year City Property Taxes @ $.696/$100 $ 3,230.03 $ 4,761.13 $ 7,991.16 24 Projected City Property Taxes @ $.696/$100 at Build Out $ 1,160,882.34 $ 531,291.88 $ 1,692,174.22 25 Most Recent Year MUD Rebate Amount $ 696.13 $ - $ 696.13 26 Projected MUD Rebate Amount at Build Out $ 141,221.00 $ 114,721.00 $ 255,942.00 Calculations Existing Proposed 27 Approx. Net Density at Build Out- Homes/Acre (Line 11/(3-9)) $ 3.31 u�a� $ 2.85 1 Vt121 $ 3.15 28 Net Annual Revenue to City - Current Estimate (Line 23-25-22) $ 2,487.49 $ - $ 2,487.49 29 Net Annual Revenue to City - Build Out Estimate (Line 24-26-22) $ 1,016,431.31 $ 411,809.75 $ 1,428,241.06 W:\LAND\1711\ANNEXATION\MUDDataForm 041904.x1s\June 2004 City of Pearland In -City MUD Data Form MUD # BCMUD No. 28 Date June 8, 2004 Existing Subdivisions Within Existing MUD Subdivision Name Area (Acres) Projected Lots Percent Complete 100 Creekside Sec. 1 29.395 91 Creekside Sec. 2 26.751 107 0 Creekside Remainder (Pearland Pkwy, floodplain, wastewater plant area) 15.244 0 0 Canterbury Park Sec. 1 170.4219 463 37 39.9-Acre Tract - No name yet 39.9632 115 0 40.8 Acre Tract - No name yet 40.8280 145 0 W:\LAND\1711\ANNEXATION\MUDDataForm 041904.xIs\June 2004 City of Pearland In -City MUD Data Form MUD # BCMUD No. 28 Date June 8, 2004 Proposed Subdivisions Within Annexation Request Subdivision Name Area (Acres) Projected Lots Percent Complete 39.50 Acre Tract - No name yet 39.5047 91 0 83.83 Acre Tract - No name yet 83.8262 197 0 65.4324 Acre Tract - Twin Lakes 65.4324 130 0 W:\LAND\1711\ANNEXATION\MUDDataForm 041904.xls\June 2004 City of Pearland In -City MUD Data Form MUD # BCMUD No. 28 Date June 8, 2004 Existing Non -Residential Businesses Within Existing MUD Business Name None Type of Business None W:\LAND\1711\ANNEXATION\MUDDataForm 041904.xIs\June 2004 City of Pearland In -City MUD Data Form MUD # BCMUD No. 28 Date June 8, 2004 Proposed Non -Residential Businesses Within Annexation Request Business Name Type of Business None None W:\LAND\1711\ANNEXATION\MUDDataForm 041904.xIs\June 2004 City of Pearland In -City MUD Data Form MUD # BCMUD No. 28 Date June 8, 2004 Anticipated Future Annexation Requests General Tract Description Approximate 400-acre tract Area (Acres) Projected Lots Unknown at this time W:\LAND11711\ANNEXATION\MUDDataForm 041904.x1s\June 2004 PETITION FOR CONSENT TO ANNEX LAND INTO BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28 THE STATE OF TEXAS COUNTY OF BRAZORIA TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: The undersigned, duly elected officer of Brazoria County Municipal Utility District No. 28 (the "District") and Musgrave-Grohman Ventures, Ltd., ("Musgrave- Grohman") a Texas limited partnership ("Petitioners"), acting pursuant to the provisions of Chapter 49, Texas Water Code, particularly Sections 49.301(a)-49.301(f), respectfully petition the City Council of the City of Pearland, Texas, for its written consent to the annexation by the District of the tract of land described by metes and bounds in Exhibit "A" (the "Land"). In support of this petition, the undersigned would show the following:. I. The District was created by the Texas Commission on Environmental Quality on February 27, 2003, and is governed by the provisions of Chapters 49 and 54, Texas Water Code, as amended. II. Musgrave-Grohman holds fee simple title to the Land sought to be annexed to the District, as indicated by a recorded deed. 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 corporate boundaries (as such term is defined in Texas Local Government Code Section 42.001 et seq., as amended) of any city, town or village, except the City of Pearland, Texas. All of the territory proposed to be annexed may properly be annexed into the District. 15377 IV. The Land is described by metes and bounds in Exhibit "A," which is attached hereto and incorporated herein for all purposes. V. The general nature of the work to be done in the area sought to be annexed into the District is the construction, acquisition, maintenance and operation of a waterworks and sanitary sewer system and a drainage and storm sewer system. VI. There is, for the following reasons, a necessity for the above -described work. The Land proposed to be annexed into the District, which will be developed for residential and/or commercial purposes, is urban in nature, is within the growing environs of the City of Pearland, Texas, is in close proximity to populous and developed sections of Brazoria County, and within the immediate future will experience a substantial and sustained growth. 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. VII. The Petitioners certify that there are no lienholders on the Land. VIII. The District agrees and hereby covenants that if the requested consent to the annexation of the Land to the District is given, the District will adopt and abide by the conditions set forth in Exhibit "B," attached hereto and incorporated herein for all purposes. 15377 2 IX. The undersigned estimate, from such information as' they have at this time, that the cost of constructing the District's facilities to serve the Land sought to be annexed is $7,750,000 and that the cost of constructing the District's facilities to serve the Land sought to be annexed will not exceed the current bonded authorization limit of the District. WHEREFORE, the undersigned respectfully pray that this petition be heard and granted in all respects and that the City of Pearland, Texas, give its written consent to the annexation of the Land into the District. [EXECUTION PAGES FOLLOW] 15377 -3 RESPECTFULLY SUBMITTED this 26th day of May, 2004. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28 Scott Spidle President, Board of Directors ATTEST: David Youn �•�`` ,V IP . Secretary, r f� rectix (SEAL) Si o% :;--0. :��'a�,g• , �. THE STATE b�; TF A§ `' .1 COUNTY OF HARRIS § This instrument was acknowledged before me on this 26th day of May, 2004, by Scott Spidle as President, and David Young as Secretary, of the Board of Directors of Brazoria, County Municipal Utility District No. 28, a political subdivision of the State of Texas, on behalf of said political subdivision. (NOTARY SEAL) SHARON COVAN MY COMMISSION EXPIRES March 29, 2008 Notary Public, State of Texas 15377 4 MUSGRAVE-GROHMAN VENTURES, LTD., a Texas limited partnership By: MUSGRAVE ABILENE, LLC, a Texas limited liability company its general partner By: Name: Kenneth L. M sgrave Title: Manager THE STATE OF TEXAS § § COUNTY OF -1-4t/I-o i2 § This instrument was acknowledged before me on this Zo day of , 2004, by Kenneth L. Musgrave, Manager of Musgrave Abilene, LLC, a Texas limited liability company, general partner of Musgrave-Grohman Ventures, Ltd., a Texas limited partnership, on behalf of said company and partnership. • (NOTARY SEAL) ota BARU FORELL SPILLER Notary Public, State of Texas My Commission Exp 08-29-05 con Public, State of Texas 15377 5 CERTIFICATE THE STATE OF TEXAS § COUNTY OF BRAZORIA § I, the undersigned Secretary of the Board of Directors of Brazoria County Municipal Utility District No. 28, 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. 28 that was filed with the Board of Directors of the District on May 26, 2004. WITNESS MY HAND AND SEAL OF SAID DISTRICT this 26th day of May, 2004. David Young Secretary, Board of rectors 15377 6 EXHIBIT "A" April 26, 2004 Job No. 1711-0001-021 DESCRIPTION OF 39.5047 ACRES PROPOSED ANNEXATION TRACT 2 BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28 BOUNDARY Being 39.5047 acres of rand located in the D.H.M. Hunter Survey, Abstract 76, Brazoria County, Texas, more particularly being a portion of that certain called 181.6209 acres conveyed to Sue Alexander Morrison a.k.a. Susie Alexander Morrison by instrument of record in Volume 1596, Page 93 of the Deed Records of Brazoria County, Texas (B.C.D.R.), said 39.5047 acres being more particularly described by metes and bounds as follows (all bearings referenced to the southeasterly line of that certain called 155.4029 acre tract conveyed to John Alexander by instrument of record in Volume (91) 880, Page 476, Official Records, Brazoria County, Texas (B.C.O.R.), South 44° 16' 28" West); BEGINNING at the northeast corner of that certain tract called 2.479 acres and the southeast corner of that certain tract called 2.72 acres, both conveyed to the City of Pearland by instruments of record under File Nos. 01-016632 & 01- 016877, respectively B.C.O.R., same being on the easterly right-of-way line of Pearland Parkway (130 feet wide) and on the north line of aforementioned 155.4029 acres; Thence, North 30° 06' 36" West, along the easterly right-of-way line of said Pearland Parkway, 910.96 feet to a point for corner, being the northeast comer of said 2.72 acre tract, same being on a northwesterly line of aforementioned 181.6209 acres and on a southeasterly line of that certain called 170.492 acres conveyed to Beazer Homes Texas L.P. by instrument of record under File No. 01-000875, B.C.O.R.; Thence, North 44° 16' 12" East, along the common line of said 181.6209 acres and said 170.492 acres, 1952.67 feet to a point for comer, being in the centerline of Clear Creek; Thence, along the centerline of said Clear Creek the following eleven (11) courses; 1) South 24° 38' 28" East, 95.71 feet to a point for comer; 2) South 26° 36' 33" East, 97.96 feet to a point for corner; 3) South 28° 52' 13" East, 43.32 feet to a point for corner; 4) South 26° 23' 10" East, 92.91 feet to a point for corner; 5) South 30° 55' 54" East, 110.11 feet to a point for corner; 6) South 41° 14' 38" East, 43.96 feet to a point for corner; \UahfsO71CAD1Projdskl\SURVEY\1711\00011M&B\Annex2139 5047acm&b.d°c Page 1 of 2 39.5047 Acres April 26, 2004 Job Number 1711-0001-021 7) South 53° 18' 02" East, 107.02 feet to a point for corner; 8) South 47° 12' 29" East, 104.18 feet to a point for corner; 9) South 25° 32' 19" East, 105.12 feet to a point for corner; 10) South11 ° 00' 13" East, 41.82 feet to a point for corner; 11) South 04° 07' 32" East, 97.55 feet to a point for corner on the southerly line of aforementioned 181.6209 acres, same being on the north line of aforementioned 155.4029 acre tract; Thence, South 44° 16' 28" West, along the common line of said 181.6209 acres and said 155.4029 acres, 1948.43 feet the POINT OF BEGINNING and containing 39.5047 acres of land. Note: This document was prepared under 22 TAC § 663.21, does not reflect the results of an on -the -ground survey and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. LTA Engineering & Surveying Inc. Page 2 of 2 EXHIBIT "A" April 26, 2004 Job Number 1711-0001-021 DESCRIPTION OF 83.8262 ACRES PROPOSED ANNEXATION TRACT 1 BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28 BOUNDARY Being 83.8262 acres of land located in the D.H.M. Hunter Survey, Abstract 76 and the H.T. & B.R.R. Co. Survey, Section 1, Abstract 233, Brazoria County, Texas, more particularly being a portion of that certain called 181.6209 acres conveyed to Sue Alexander Morrison a.k.a. Susie Alexander Morrison by an instrument of record in Volume 1596, Page 93 of the Deed Records of Brazoria County, Texas (B.C.D.R.), said 83.8262 acres being more particularly described by metes and bounds as follows (all bearings referenced to the southeasterly line of that certain called 155.4029 acre tract conveyed to John Alexander by instrument of record in Volume (91) 880, Page 476, Official Records, Brazoria County, Texas (B.C.O.R.), South 44° 16' 28" West); BEGINNING at the northwest corner of that certain tract called 2.479 acres and the southwest corner of that certain tract called 2.72 acres, both conveyed to the City of Pearland by instruments of record under File Nos. 01-016632 & 01- 016877, respectively, B.C.O.R., same being on the westerly right-of-way line of Pearland Parkway (130 feet wide) and on the north line of aforementioned 155.4029 acres; Thence, South 44° 16' 28" West,' along the north line of said RH of Texas tract, 1878.72 feet to a point for corner, being the easterly corner of that certain Boundary Line Agreement by instrument of record in Volume 1744, Page 18, B.C.D.R same being on the northeast line of said H.T. & B.R.R. Co. Survey and the southwest line of said D.H.M. Hunter Survey; Thence, South 85° 36' 32" West, along the southerly line of said Boundary Line Agreement, 1141.67 feet to a point for comer; Thence, North 00° 16' 07" East, 29.49 feet to a point for corner, being on the north right-of-way line of Orange Street (50 feet wide); Thence,. South 85° 36' 53" West, along said north right-of-way line of Orange Street, 1.25 feet to a point for corner; Thence, North 89° 47' 09" West, continuing along said north right-of-way line of Orange Street, 2027.31 feet to a point for comer, being the intersection of said north right-of-way line of Orange Street and the easterly right-of-way line of Old Alvin Road (Width Varies); f:\Projdskl\SURVEw711\0001\M&BWnne:.2183 8262ACM&B.d°c Page 1 of 2 83.8262 Acres April 26, 2004 Job Number 1711-0001-021 Thence, along said easterly right-of-way line of Old Alvin Road the following three (3) courses; 1) North 00° 07' 30" West, 374.87 feet to a point for corner, the beginning of a curve; 2) 204.01 feet along the arc of a tangent curve to the left having a radius of 2036.66 feet, a central angle of 05° 44' 21", and a chord that bears North 02° 59' 40" West, 203.92 feet to a point for corner, the beginning of a curve; 3) 75.06 feet along the arc of a non -tangent curve to the right having a radius of 1956.66 feet, a central angle of 02° 11' 53", and a chord that bears North 04° 08' 31" West, 75.06 feet to a point for corner, being the southwest corner of that certain called 170.492 acre tract of land conveyed to Beazer Homes Texas, L.P., by instrument of record under File No. 01-000875, B.C.O.R., same being the northwest corner of aforementioned 181.6209 acres; Thence, North 89° 48' 26" East, along the common line of said 170.492 acres and said 181.6209 acres, 2554.79 feet to a. point for corner, being on the common line of said H.T.&B.R.R. CO. Survey and said D.H.M. Hunter Survey; Thence, North 44° 16' 12" East, continuing with said common line, 2125.06 feet to a point for corner, being the northwest corner of said 2.72 acre tract and on the westerly right-of-way line of Pearland Parkway (130 feet wide); Thence, South 30° 06' 36" East, along said westerly right-of-way line of Pearland Parkway, 910.95 feet to the POINT OF BEGINNING and containing 83.8262 acres of land. Note: This document was prepared under 22 TAC § 663.21, does not reflect the results of an on -the -ground survey and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. LTA Engineering & Surveying Inc. Page 2 of 2 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 purposesauthorized 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 Daily Bond Buyer 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 15377 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; arid 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. 15377 PETITION FOR CONSENT TO ANNEX LAND INTO BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28 THE STATE OF TEXAS § COUNTY OF BRAZORIA TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: The undersigned, duly elected officer of Brazoria County Municipal Utility District No. 28 (the "District"), John A. Sage, Trustee and Star Two Property, L.L.C., a Texas limited liability company which has entered into an earnest money contract to purchase all of the lad and desires to be considered a Petitioner for the Petition for Consent to Annex Land into Brazoria County Municipal Utility District No. 28 (the "Petitioners"), acting pursuant to the provisions of Chapter 49, Texas Water Code, particularly Sections 49.301(a)-49.301(f), respectfully petition the City Council of the City of Pearland, Texas, for its written consent to the annexation by the District of the tract of land described by metes and bounds in Exhibit "A" (the "Land"). In support of this petition, the undersigned would show the following: I. The District was created by the Texas Commission on Environmental Quality on February 27, 2003, and is governed by the provisions of Chapters 49 and 54, Texas Water Code, as amended. II. John A. Sage, Trustee holds fee simple title to the Land sought to be annexed to the District, as indicated by a recorded deed. 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 corporate boundaries (as such term is defined in Texas Local Government Code Section 42.001 et seq., as amended) of any city, town or village, except the City of Pearland, Texas. All of the territory proposed to be annexed may properly be annexed into the District. 15341 IV. The Land is described by metes and bounds in Exhibit "A," which is attached hereto and incorporated herein for all purposes. V. The general nature of the work to be done in the area sought to be annexed into the District is the construction, acquisition, maintenance and operation of a waterworks and sanitary sewer system and a drainage and storm sewer system. VI. There is, for the following reasons, a necessity for the above -described work. The Land proposed to be annexed into the District, which will be developed for residential and/ or commercial purposes, is urban in nature, is within the growing environs of the City of Pearland, Texas, is in close proximity to populous and developed sections of Brazoria County, and within the immediate future will experience a substantial and sustained growth. 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. VII. The Petitioners certify that there are no lienholders on the Land. VIII. The District agrees and hereby covenants that if the requested consent to the annexation of the Land to the District is given, the District will adopt and abide by the conditions set forth in Exhibit "B," attached hereto and incorporated herein for all purposes. 15341 2 IX. The undersigned estimate, from such information as they have at this time, that the cost of constructing the District's facilities to serve the Land sought to be annexed is $2,425,000 and that the cost of constructing the District's facilities to serve the Land sought to be annexed. will not exceed the current bonded authorization limit of the District. WHEREFORE, the undersigned respectfully pray that this petition be heard and granted in all respects and that the City of Pearland, Texas, give its written consent to the annexation of the Land into the District. [EXECUTION PAGES FOLLOW] 15341 3 RESPECTFULLY SUBMITTED this 26th day of May, 2004. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28 Scott Spidle President, Board of Directors ATTEST: David Young ,.:........ Secretary, Boa Directors '••.v ''- (SEAL) d• • ; o��� THE STATE OF irg,�.�`'° enumn§ COUNTY OF HARRIS § This instrument was acknowledged before me on this 26th day of May, 2004, by Scott Spidle as President, and David Young as Secretary, of the Board of Directors of Brazoria County Municipal Utility District No. 28, a political subdivision of the State of Texas, on behalf of said political subdivision. (NOTARY SEAL) SHARON COVAN l;:w MY COMMISSION EXPIRES a� March 29, 2008 r.- Notary Public, State of Texas 15341 4 JOHN A. SAGE, TRUSTEE By: ICJ Na _3 v 1, A ,a Title: a S r- THE STATE OF TEXAS § COUNTY OF This instrument was acknowledged before me on this qak day of MCtRi , 2004, by John A. Sage, Trustee. Adic(a1: A))/1-1F-A-- Notary' Public, State of Texas (NOTARY SEAL) ��d.�.®.�✓d�S®d.�ld.�dlldldddd� BRENDA K. SILVERSTEIN l\ NOTARY PUBLIC, STATE OF TEXAS MY COMMISSION EXPIRES 0 'tor AUG. 19, 2006 Si DoroteaVYWCddOCOlddddddddddddd� 15341 5 STAR TWO PROPERTY, L.L.C., a Texas limited liability company (Earnest Money Contract Holder) By: Na - . - ry L. McGinty Tit e: resident THE STATE OF TEXAS § COUNTY OF ca�,u' L § This instrument was acknowledged before me on this iCa day of hcN� , 2004, by Jerry, L. McGinty, President of Star Two Property, L.L.C., a Texas lim d liability company, on behalf of said company. (NOTARY SEAL) C\_Ad61\a t\y Notary Public, State of Texas CATHERINE H HUGHES Notary Public {, y,��•. STATE OF TEXAS )� My Comm. Exp. Dec. 30, 2007 () 15341 6 CERTIFICATE THE STATE OF TEXAS § § COUNTY OF BRAZORIA § I, the undersigned Secretary of the Board of Directors of Brazoria County Municipal Utility District No. 28, 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. 28 that was filed with the Board of Directors of the District on May 26, 2004. WITNESS MY HAND AND SEAL OF SAID DISTRICT this 26th day of May, 2004. David Young Secretary, Board oire rs 15341 7 EXHIBIT "A" April 26, 2004 Job Number 1711-0001-021 DESCRIPTION OF 65.4324 ACRES PROPOSED ANNEXATION TRACT 3 BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28 BOUNDARY Being 65.4324 acres of land located in the H.T. & B.R.R. Co. Survey, Section 11, Abstract 239, Brazoria County, Texas, being a portion of Lots 1, 2 and 3, Block 2, of Pearland Industrial Park Subdivision, a subdivision of record in Volume 16, Pages 171-172, of the Plat Records of Brazoria County, Texas, (B.C.P.R.) more particularly being part of that residue of a called 105.04 acre tract conveyed to John A. Sage, Trustee by instrument of record in Volume (91) 966, Page 912 of the Official Records of Brazoria County, Texas (B.C.O.R.), said 65.4324 acres being more particularly described by metes and bounds as follows (all bearings referenced to aforementioned Pearland Industrial Park Subdivision); BEGINNING at the northeast corner of aforementioned Lot 3 and the southeast corner of Lot 4, Block 2 of aforementioned Pearland Industrial Park Subdivision, said Lot 4 conveyed to the City of Pearland by instrument of record in Volume (85) 108, Page 545, B.C.O.R. and on the west line of G.C. & S.F.R.R. right-of-way line (100 feet wide); Thence, South 13° 47' 00" East, along the common line of C. & S.F.R.R. and said Pearland Industrial Park, 1629.64 feet to a point for corner, being the centerline of Marys Creek and the northeast corner of that certain called 11.649 acre tract conveyed to the City of Pearland by instrument of record under File No. 98-029684, B.C.O.R.), same being the southeast corner of aforementioned Lot 1; Thence, South 75° 23' 05" West, along the common line of said Lot 1 and said 11.649 acres, also being the centerline of Marys Creek, 1936.80 feet to a point for corner, being on the east right-of-way line of Veterans Road (Variable Width), the beginning of a curve; Thence, 236.12 feet along said right-of-way line of Veterans Road and along the arc of a non -tangent curve to the right having a radius of 1577.00 feet, a central angle of 08° 34' 43", and a chord that bears North 04° 46' 08" East, 235.90 feet to a point for corner; Thence, North 08° 51' 06" East, continuing along said right-of-way line of Veterans Road, 190.73 feet to a point for corner, on a northerly line of aforementioned Lot 1, Block 2, of said Pearland Industrial Park; Thence, along a northerly, westerly and southerly line of said Pearland Industrial Park the following three (3) courses; 1) South 89° 41' 20" East, 142.00 feet to a point for corner; 2) North 00° 03' 25" East, 659.44 feet to a point for corner; 1:1ProjdskllSURVEY11711100011M&B1Annex2165_4324ACM&B.doc Page 1 of 2 65.4324 Acres April 26, 2004 Job Number 1711-0001-021 3) North 89° 51' 13" West, 58.20 feet to a point for corner on the east right-of-way line of said' Veterans Road; Thence, North 00° 04' 00" East, along said east right-of-way line of Veterans Road, 989.07 feet to a point for corner, on the common line of aforementioned Lots 3 & 4, Block 2 of said Pearland Industrial Park; acres of land. Thence, East, along said common line, 1351.30 feet to the POINT OF BEGINNING and containing 65.4324 Note: This document was prepared under 22 TAC § 663.21, does not reflect the results of an on -the -ground survey and is not to be used to convey or establish interests in real property except those rights and interests implied orestablished by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. KEITH W. MONROE 4797 lez, *per `� ,�•. LJA Engineering & Surveying Inc. Page 2 of 2 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 Daily Bond Buyer 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 15341 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; arid 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. 15341 RPR-28-2006(FRI) 08:41 DALLRS EXTERNAL AFF CITY i' OF PE. kki.dmI8 CITY SD, ,, TAR 4 1 Eireatitive Director Municipal Relations 2006 APR 28 AM 9: 46 April 28, 2006 Mr Young Lorfing City of Pearland 3519 Liberty Dr. Pearland, TX 77581-5416 Fax: 281-652-1719 Re: Annexation #: 1151,1168, 1169, Dear M( Lorfing: 213, 1214 & 1227 (FAX)21a 464 3622 P.001/001 Cc: Doug K CMG Three cas 512). ze AATT&T Ply / �o Room 1100 Dnllns, TX 75202 2I4-464-4521 Phone 214.464-4051 R.O.W. 2I4-464-3622 Fax tg1247®ntt.cam Southwestern Bell Telephone L.P. d/b/a AT&T Texas has received the above annexations from the city of Pearland, however I do not have all of the required documents needed to begin processing. To complete these annexations AT&T Texas requires the following information: 1. List of streets and ranges (low range/high range) that are being taken in by the annexation/incorporation. 2. Detailed map of the area which clearly depicts street configuration, street names, and the area surrounding the annexation/incorporation. AT&T Texas is committed to the prompt and accurate processing of all municipal annexations. Your cooperation in the prompt delivery of documents noted above is appreciated Should you have any questions, please do not hesitate to call me at 214-464-4521. Sincerely, Bob Garza AT&T Texas Municipal Relations/Extcrnal Affairs 308 S. Akard Room 1100 Dallas, Texas 75202 SCALE: 1" = 2640' FlousroN MAW 1 GALYiSCON A via-Frrsvn SYCAMORE PN.M.cCCO • iuts,Arzy IPALNLIf MU11AT'1+:tY SPAIC OGA CY P.I:tC f t' EitN , _ a JVI OR TFAGUI3 .S r�u¢ A7 ARCOLA PcP 606 Il\Projdski\SURVEY\171i\0901\Cad\rrlud29+vician2.dgn 5-27.2904 9'55109 &9iStVII 1 RLLIFIRCIPINET ! 8u �SYY.EI)A'dY OIYA.`A) mulmo liiLOALFVAY 51.11Leii' NOWLON SCAM iv;ESTEEN 'Tom azu RLc+ml l`ak GAP CoPRA SOUTH Mkt: I IARJ) RI GNP VAST MULWu C.z.vr a Gerru¢ry HP.N F IEY MTO! 1� LEGEND I)LI "BERG 115 NT) APAC1 S8 0 TREASURE LIANA L NN cY_l�Nrxr� MAEADE .511lNON) ai CITY LIMIT LINE ETJ LINE R 3 ZONING R 2 ZONING PUD ZONING EXISTING B.C.M.U.D. 28 ANN1<, iVi'ION FOR B.C.M.U.D. 28 LONGLEAF MEADOW GENII/ 4N 51C6LT(b]i Clltr tiiciilU' Nc1LNICl: B.C.M.U.D. 28 TRACT THREE Mays l.- J054.v11NR C37 m OC 1 0A SA-Mot:Da ILtl+1 11!D m HERON IIAiLhY LYFlti h4'i)Oh'ALU PAW(, SEU ELM J,J`ACE DIA Rooms irni Sco Pr AFPLE ,alif 4ND WW1 ON .% itiESNNdL CU! C NIAL r ld PwSab t truc¢ry II, FLU l42,k.1 LL1N1D1 IB L B.C.M.0 D. 28 TRACT TWO 2 C4LFFi:4 'xt I/LA BELTWAY ilrstrc®cm ca,r tcy OMNLF B.C.M.U.D. 28 ANNEXATION TRACT TWO I3.0 114.U.D. 28 ANNEXATION TRACT ONF L1N4, i0O PLUM WALN L'l' LOCI S_911 B.C.M.L',D. 2ki AN-NMOVCION T CI' TtIRFE MLAGNOLLt CANNON SLIT • J. (13:14t 4 FP ▪ 4 Chaa fd y ▪ ^P f /t.n T _. I• � / � aoif L:vpryc M T[ §a6a13Nc11AM • .9} -V- 1�)�. plc .4 k yes �rc \ IUUrs0GS ila"E-[1 WVF: UtI / 1Kh APRIL 2004 !7 O00i 021 2929 Br 1 arpar'k Drive Su 1te 600 Houston, Texas 77042--3703 Phone 713.953.5200 Fax 713. 953, 5026 CURVE TABLE Curve Radius 1 577. 00' Tangent 1 18. 28' Chord 235. 90' Arcj I] Ifi ; e o _-Chord Bear I ng 236. 12' 08° 34; 43" .N04° 46' 08"E Line L I NE TABLE Bearing Distance. N08° 5 I ' 06"E 190,73' 2 rN FND. %' LR. W/ CAP X=3,I47,81613 Y=13,768,845.98 (SEE NOTE 2) H T . co. SEC° C I TY OF PEARLAND VOL. (3 5) 1 08 , PG. 545 B. C. O° R. A--239 EAST 1351.30' 7 3' 6.8 mos CREAK CITY OF 1EARLAN3 CALLED 1 1 .649 ACRES F . N . 98-l02968 4 B . C r R . . P.0.B. ANNEXATION TRACT 3 FND.1' IP. X-3,149,165.94 Y=13,768,909.80 (SEE NOTE 2) 11 .3932 -ACRES` 2T0: `38'19"ACRES :4Oa-'8280 H 'ACRES 83'°`8262 . ACRES a4324 ACRES '1. PAL N Scale: 1" = 200' I' 1.-'This document was prepared under 22 TAC 6 63,21, does not reflect the results of an on the ground survey, and Is not to be used to convey or establish Interests In real property except rights and Interest Implied or established by the creation or reconflguratlon,�of.the'.boundary of thepolltical - -subdivision for ,which" .1t was pprepared," - ,:2. ,All coordfRot�s_ sho�vi� ,-ftereon, ,:; e' ` "'�:, ; • e,:_" ,. ; � n' ; ,.. ...; < . °_, ;, 2. All nat _. ale, of renced' to the ;Te rgs,`;Sfate. Plane' e System, � - � - . y , South Ceritral:7one, NAB$3;.,:T6-:_convert‘coordlnates-'` -to �su , divide th cq"mb a dace 'by 1.ne�,a°q�-���tr��it rr�c��:��.��,==�9��0=� s 3. Bearings for Tract I and Annexation', Tracts-`1-�&--2 refereirced ito the, southeasterly :11ne (S44'16',28'W) of _that certain tract called 155.4029 acres described by an Instrument of record 'In Volume : f911 `880, Page, 476, q,c:g.R. �4. Bearings for�'Trac�t`�2,��refer's1 t- .:; -,° � 'referenced to the vest rly -flee (North) of that certalrl tract called 79.94 acres" 'described,.` by aii Instrument of -record '!n f'lle .No. 98-005243, B.C,O,R. ' . 5. Bearings for Tract 3 _referenced,'toithe rest line (N0070'30'E) of that. certain tract of land described by Instilment of record in Volume 850, Page 633, B.C.O.R. 6. Bearings for. AnnexationTract 3 referenced to Peariand Industrial Park Subdivision, a subdivision of record InVolume 16, Pages 171-172, Plat Records, Brazorla County, Texas, (B.C.P.R.) ACREAGE SUMMARY EX_I STY1 NGTRACT . EX) S,T I NG ,-;TRACT, EX I STING, JRAcTri 3 ANNEXAT:I QN _:TR�CT ANNEXA.T.,I ON".TR�C ANNEXAT-10N TRgC: TOTAL NEXATI: A":9-17T1 A C O U N `�11' �J/fj��� I( JI iI 1 T1. f.�,/NY DI STRICT Na0 n Y�*wit LOCATE[ Mn HUNTER Rn & B: R. COS n r CO: SEC, &BIRD R� CO R1EY9 ,-SEC 'Rn COa`" �BRAZOR t_ 'APR I L 20.0143 4,.€ LJA, Engineering $t ,fey 2929 Br i arpark Dr ! ate W Sul#e 600 :' Ftous+an Texas 77 7 p�2�370