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R2019-145 2019-06-10 RESOLUTION NO. R2019-145 A Resolution of the City Council of the City of Pearland,Texas,authorizing the City Manager or his designee to enter into an Annexation Agreement with the Gulf Coast Water Authority("GCWA")associated with GCWA's petition for the annexation of approximately 7.2 acres (generally located east of County road 48, between County Road 59 and County Road 895). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain Annexation Agreement, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest an Annexation Agreement. PASSED, APPROVED and ADOPTED this the 10th day of June, A.D., 2019. TOM REID MAYOR ATTEST: TY SE ti' TARY " APPROVED AS TO FORM: ��.. h. DARRIN M. COKER CITY ATTORNEY AN AGREEMENT BY AND BETWEEN THE CITY OF PEARLAND AND GULF COAST WATER AUTHORITY REGARDING ANNEXATION STATE OF TEXAS, COUNTY OF BRAZORIA. This Agreement ("Agreement") is made and entered into as of this /e'er day of 5,s-- 2019, , -2019, ("Effective Date") by and between the CITY OF PEARLAND, Texas, (the "City"), a home-rule municipal corporation and political subdivision of the State of Texas, and GULF COAST WATER AUTHORITY, ("GCWA"), a conservation and reclamation district and political subdivision of the State of Texas on the terms and conditions hereinafter set forth. WHEREAS, GCWA owns approximately 7.287 acres, more or less, situated in the J.S. Talmage Survey, Abstract No. 566, Brazoria County, Texas, as is more particularly described in a deed at Volume 1367, Page 954 of the Brazoria County Deed Records, and as shown as "Area D" and Tract 300, in Exhibit "A," an annexation map prepared by the City of Pearland, attached hereto and incorporated herein for all purposes allowed by law(the"Property"); and WHEREAS, the City desires to voluntarily annex certain lands including the Property; and WHEREAS, GCWA has agreed to request the voluntary annexation by the City subject to certain terms and conditions to be provided by this Agreement; and WHEREAS, this Agreement is entered into pursuant to state law, including but not limited to Chapter 791 of the Texas Government Code, and Chapters 43 and 212 of the Texas Local Government Code in order to address the procedures of the City and the desires of GCWA; and WHEREAS, the City and GCWA acknowledge that this Agreement is binding upon the City and GCWA and their respective successors and assigns; and WHEREAS, this Agreement is to be recorded in the real property records of Brazoria County; NOW, THEREFORE, in consideration of the mutual benefits and premises contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and GCWA agree as follows: 1. Land Subject to Agreement. GCWA represents that it is the sole owner of the Property. 2. Annexation. Subject to the terms and provisions of this Agreement, GCWA requests that the City annex, and the City agrees to annex,the Property. 3. City's Obligations Upon Annexation. A. City acknowledges and agrees that it shall provide the following municipal services to the Property upon annexation: 1 Police Protection. The City will provide police protection and law enforcement to the Property . in accordance with its adopted standards of practice and protocols. These activities will include normal patrols and responses, the handling of complaints and incident reports, and, as appropriate, support by special units of the City's Police Department. Fire Protection. The City will provide fire protection and suppression services to the Property. Emergency Medical Services. The City will provide emergency medical services, including ambulance transportation services, to the Property. Solid Waste and Recycle Collection Services. City solid waste and recycle collection services may be provided to the Property by the City or by private contractor under contract with the City if the waste / recycle material is placed in a City-approved location and in containers approved for the specific type of occupancy. Alternatively, GCWA may use a privately-owned solid waste or recycling management service provider at GCWA's sole expense. If GCWA receives services through the City's solid waste and recycling collection contractor, GCWA may be billed for the service in accordance with the City's policies and/or the contract between the City and the solid waste contractor. Water Services. Existing public water facilities will be operated and maintained by the City, and extended or enhanced at the City's discretion. Wastewater Services. Existing public wastewater facilities will be operated and maintained by the City. Road and Street Services (including lighting). The City will provide for maintenance of public streets in accordance with City policies and at its sole discretion. Street services include routine street maintenance, street lighting, and assessment of street conditions. Storm Drainage. The City will provide the Property storm drainage services at the same or similar level as is provided to other comparable areas of the City, taking into account different characteristics of topography and land use. Services include routine review and monitoring of storm drain systems and flood plain regulations. Parks Services. The City will operate and maintain existing public parks, playgrounds and swimming pools. Code Enforcement Services. The City will provide code enforcement services and code enforcement personnel will enforce the City's ordinances against junk motor vehicles, illegal dumping of refuse or other City-defined nuisances on the Property. Miscellaneous Services. Except as provided in Paragraph 3B below, the City will offer, operate and maintain other City owned facilities, buildings and services, including animal control, convention facilities, municipal court, and general administration, and provide access to such miscellaneous services to GCWA or the Property, as applicable, upon the written request of 2 GCWA on the same basis as such services are available to other landowners and residents within the City. (1) Library service will be provided from existing City facilities. (2) Animal control services will be provided by the City to the Property. B. The City acknowledges and agrees that it shall not provide the following municipal services to the Property upon annexation: (1) Development Regulation Services; Zoning Services. Upon annexation, the Property shall not be placed in any zoning district. The City will consider zoning the Property at future times only upon written request of GCWA; provided, however, GCWA shall request and obtain zoning for the Property prior to platting the Property, or any part of the Property, for subdivision or resale, or in accordance with Paragraph 4 — GCWA's Obligations Upon Annexation, infra. (2) Building/Development Permit Fees. The City will not impose or collect any code enforcement or development fees related to the Property from GCWA, including building permit fees, inspection fees or impact fees so long as GCWA complies with its obligations under Paragraph 4, infra. (3) Infrastructure Maintenance and Replacements. The City will not impose any regulations, nor collect any fees, related to GCWA's on-going canal maintenance operations, including any infrastructure improvements or replacements. C. The City and GCWA agree that the municipal services provided under Paragraph 3A may be provided by any method or means by which the City extends such municipal services to any other area of the City. This may include causing or allowing private utilities, governmental entities or other public service organizations to provide such services, in whole or part. D. As used in the Agreement, "Standard Policies" means those policies and procedures of the City applicable to a particular service that are in effect either at the time that this service is requested or at the time that the service is made available or provided. The policies and procedures may require that a specific type of request be made, such as an application or petition, and may require that fees or charges be paid, and may include eligibility requirements and similar provisions. Further, it is not the intent of this Agreement to require that a uniform level of services be provided to all areas of the City (including the Property) where differing characteristics of topography, land utilization and population density provide a sufficient basis for providing differing service levels. 4. GCWA's Obligations Upon Annexation. A. GCWA covenants and agrees not to use the Property for any use other than for water supply, water transportation and related GCWA's operations without the prior written consent of the City. 3 B. GCWA further covenants and agrees that GCWA will not file any type of subdivision plat or related development document for the Property with Brazoria County or the City until this Agreement is amended and the Property has been zoned by the City. C. GCWA covenants and agrees not to construct, or allow to be constructed, any buildings on the Property that would require a building permit if the Property were in the City's corporate limits, without the prior written consent of the City, unless such construction is constructed for GCWA for the purpose of water supply, water transportation, or GCWA's related operations. 5. Term. This Agreement is effective as of the date that both the City and GCWA have duly approved, executed and delivered this Agreement. This Agreement shall have a term of 45 years, and shall automatically renew for successive ten year periods unless terminated by Agreement of the parties or pursuant action of court under Section 6. 6. Default. If any party breaches any of the terms of this Agreement, then that party shall be in default ("Defaulting Party") of this Agreement ("Event of Default"). If an Event of Default occurs, the non-defaulting party shall give the Defaulting Party written notice of such Event of Default, and if the Defaulting Party has not cured such Event of Default within thirty (30) days of said written notice, this Agreement is breached. Each party is entitled to all remedies available to it at law or in equity, including termination of this Agreement. 7. Notice. Any notice required or permitted to be delivered hereunder shall be deemed to be delivered, whether or not actually received, when deposited in the United States Mail, postage pre-paid, certified mail, return receipt requested, addressed to either party, as the case may be, at the addresses contained below: CITY: City of Pearland, 3519 Liberty Dr., Pearland, Texas 77581 Attn: City Manager. With copy to: City Attorney at the same address. GCWA: Gulf Coast Water Authority 3630 FM 1765 Texas City, Texas 77591 With copy to: Attorney at the same address. 8. Miscellaneous. A. Agreement Runs With the Property. This Agreement shall run with the Property and shall be binding on and inure to the benefit of GCWA's successors and assigns. 4 B. Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the mutual written agreement of the parties hereto. C. Venue. This Agreement shall be construed in accordance with the laws of the State of Texas and shall be performable in Brazoria County, Texas. Exclusive venue shall be in Brazoria County, Texas. D. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective administrators, legal representatives, successors and assigns. E. Savings/Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held by a court of competent jurisdiction to be invalid illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid illegal or unenforceable provision had never been contained herein. F. Subsequent Statutory Changes. Unless specifically citing its retroactive effect, no subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to the terms of this Agreement. G. No Chapter 245 Permit. Pursuant to Section 43.035(e) of the Texas Local Government Code this Agreement, and any requirement contained in this Agreement, shall not constitute a "permit" as defined in Chapter 245 of the Texas Local Government Code. THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective on the latest date as reflected by the signatures below. CITBy Y OF PE• '/ ,• 'j � �----- City Manan Date Signed: a4t/' ATTEST: / ., , � p% A City Secr- -4--• cos • GULIOAST TE U ORITY: by: .00 tint Hullo/ General Manager ���� Ot..W...••c, Date Signed: Mai 16► �.b I�} jC'• •\// •••s= THE STATE OF TEXAS, COUNTY OF BRAZORIA. BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared C Iti ?!'wi &" , the City Manager of the City of Pearland, a Texas home-rule municipal corporation, known to me to be the person who's name is subscribed to the foregoing instrument, and acknowledged to me that he has executed the same on CITY's behalf. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE /%'DAY OF,?.'; 2019. E/ SEAL ;040"'.. MICHAEL MARK MUSCARELLO i `f Notary ID #12534022-8 1 * * My Commission Expires i i '''44..,x‘" August 02, 2022 • THE STATE OF TEXAS, COUNTY OF Com..\V BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared WGZYI LQn.q-kwd , the General Manager of the Gulf Coast Water Authority, a Texas conservation and recla ]ation district, known to me to be the person who's name is subscribed to the foregoing instrument, and acknowledged to me that he has executed the same on GCWA's behalf. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THEI]DAY OF111143 2019. P 4, DENISE RENEE DONDONAY 1 �1t L adtL Noiary Public,Stafe of Texas 4 N"ix `* ID#12925349.4 r r My Commission Expires Air SEAL 9T&OF't 01.04.2021 vlcaas _aC a_ __: Exhibit"A" Description and Depiction of Property 6 AREA"D" METES AND BOUNDS DESCRIPTION 7 ACRES OUT OF LOTS 3, 11, 20, AND 29, SECTION 2 ALLISON-RICHEY GULF COAST HOME COMPANY SUBDIVISION J.S. TALMAGE SURVEY, ABSTRACT 566 BRAZORIA COUNTY, TEXAS The herein described 7 acres of land, more or less being generally located in the following survey and abstract, J. S. Talmage Survey, Abstract 566, Brazoria County Texas; the NORTH line being along the south line of that certain called 2.5017 acres (Tract 1) described in a deed dated 04-08-2008 from Haddock Construction to City of Pearland as filed in the Official Records of Real Property of Brazoria County at Clerk's File Number 2008018541; the EAST line being along County Road 48 (Old Airline Road) and along the west line of City of Pearland Ordinance 31; the SOUTH line being along the north line of that certain called 36.8423 acres (Tract 2) described in a deed dated 04-08-2008 from Haddock Construction to City of Pearland as filed in the Official Records of Real Property of Brazoria County at Clerk's File Number 2008018541; the WEST line being generally located along the east side of Lot 2, Section 2 of said Allison- Richey Gulf Coast Home Company Subdivision plat; All that certain 7 acres of land, more or less, to be annexed into the City of Pearland and being out of Lots 3, 11, 20, and 29, Section 2, Allison-Richey Gulf Coast Home Company Subdivision, according to the plat thereof as filed in Volume 2, Page 98 Brazoria County Plat Records and being out of J.S. Talmage Survey, Abstract 566, Brazoria County, Texas and being out of that certain called 7.287 acre tract as described in a deed dated 12-12-2003 from Highway 6/1532, L.C. to Gulf Coast Water Authority as filed in the Official Records of Real Property of Brazoria County at Clerk's File Number 04-004516 and being more particularly described by metes and bounds as follows; Commencing at a point marking the common corner of Abstracts 538, 564, 298 and 566 located at the intersection of County Road 48 (Old Airline Road) and County Road 59 (Airline-Ft. Bend Road); Thence Westerly 100' with the common north line of said Abstract 566 and Abstract 538 to a point located on the west line of City of Pearland Ordinance Number 31; Thence Southerly 2,028' more or less, with the west line of City of Pearland Ordinance Number 31 and with said County Road 48 to the POINT OF BEGINNING of herein described tract; 1. Thence Southerly — 160' more or less, continuing with the west line of City of Pearland Ordinance Number 31 and with said County Road 48 to a point for corner; 2. Thence the following five (5) courses with the common southerly line of said called 7.287 acre Gulf Coast Water Authority tract and the northerly line of said called 36.8423 acres (Tract 2); 3. Thence Westerly—42' more or less, to a point for corner; 4. Thence Westerly—334' more or less, to a point for corner; 5. Thence Westerly— 1,309' more or less, to a point for corner; 11-421-161-2019-AREA D-M&B 6. Thence Westerly — 173' more or less, to a point marking a point on a curve to the right having a radius of 160' and a central angle of 54° 41'; 7. Thence Northwesterly with said curve an arc distance 153', more or less, to a point for corner; 8. Thence Easterly — 103' more or less, with the south line of that certain called 5.1122 acre tract as described in a deed dated 07-22-2016 from Smith Park 21 Development, LLC to Gulf Coast Water Authority as filed in the Official Records of Real Property of Brazoria County at Clerk's File Number 2016039550 to a point for corner; 9. Thence Northerly — 140' more or less, with the east line of said called 5.1122 acre tract to a point for corner; 10. Thence Easterly—33' more or less, with the northerly line of said Lot 11, Section 2 to a point for corner; 11. Thence Southerly — 54' more or less, with the west line of said called 2.5017 acres (Tract 1) to a point for corner; 12. Thence the following four (4) courses with the common northerly line of said called 7.287 acre Gulf Coast Water Authority tract and the southerly line of said called 2.5017 acres (Tract 1); 13. Thence Easterly— 167' more or less, to a point for corner; 14. Thence Easterly— 1,304' more or less,to a point for corner; 15. Thence Easterly—330' more or less, to a point for corner; 16. Thence Easterly — 47' more or less, to the POINT OF BEGINNING and containing 7 acres of land more or less. "This document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground survey, and is not be used to convey or establish interest in real property except those right and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared." This metes and bounds description is accompanied by a separate plat, drawing or exhibit per Texas Board of Professional Land Surveyor's "General Rules of Procedures and Practices" Section 663.19(9). Compiled by: C.L. Davis & Company Firm No. 10082000 Job Number: 11-421-161-2019-AREA D-M&B.doc 04-23-2019 11-421-161-2019-AREA D-M&B F/1 111111 CITY AN EE No. - I-IiTi%LIr&& ��ANCE No. 1035—• tm tEXISTIOO�zRD.�� -T- tatEXISTINSIP)• �� I ( - II LISON-RN:HEY GULF • HOME I 2 COMPAN SUBOMS• SECTION' LOT n 2I I •- J� ri. .e„�, P 98 B.C.P. o I < P JP I _ II I (Vol. 2, 9 ) J.S. • INER - ALMIA(1E` RVEY v CO I ,1_,.L 1:1 :: {$ -o l AWn , I r0.J 1 �� < y� Lora V ANEXAIRW AICA OMQIII I I A>3.:m w< tune usr 1 \ C1 A\' I Roz �� 1 ae I o:o;o Q'I?• aa. ,.,: ;w^ IS, DELTA ANGLE ARC LEND. I. _- �•• M �m arouw»o w.mur m C2 red' S1'Ir _._ _ I I � $ 'rOd 'l' SECTION 79 rxm,•n, 'rw-m.ete ec.O.:rrte. L' AREA ;N`.• ULF COA• RICHEY c•..112-12-2., w a a „C, tm a I Aa Q'' - - .MUSTq�.R4y 2 ACRES © Ta rw ® GULF COAST HOME na,•> =D.•1 LK rAsc �.._ for 1 P• SUB OMSION RJ. -� .. 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SUMMON.ANO Doe ® _ I - ALLISON-R/CHEY GROUND SURVEY 'V GULF COAST HOME VI 1 COMPANY ST HOME »1:: ROE 97 __ _ -- _ I P. 98 B.C.P.R.) ,.-„▪-,- » oats�oiNRECHnrci THCEecsu�rso Rw,v av nrceJ1r' (Vol. ?, 9 GROUND surrvtr,ARD rs Hor To DE uscD ro coRrL-rI .) oa:00C:U sHT, EaE;„R rH RUL PR;ERn EXccvT> I J.S.TALMA ESURVEY I II ver aJQnusE RrGHTs.BID,R C:RE:S ,uvLED oR or:II:SC0AREA "B” Q . » a NE eRunaH O aecOHnGURAnOR O TREQ eouRwar an E voun usueory sroR oR wwcHrwl ABSTRATNo.566 yJ ryo0 nBIAS vREVAecD.z^ 57 ACRES ® I I ver za I Lar az I 1:7:147'11":"'-'':::47.1.m.":::"1:: _„, • ,, I 1 GO�o ..., 0 I L°Tt1 I SECTION 2 1 ,� HarzII RICHEY GULF COAST NOME Q. G AuvaoerueRrs(rxi.os.rEUccs.crc)oEvrcirD veraIIIALLISON ANY SqBDMSION II1LOt v P' P HEREDP ARE DENTS(ERON A OLcrtuPOB• COMP I ,r,Q, ORTHOPHOTOGRAPN.ARD ARE ROT THE RESULT OE AR IARIA.B. I1 (Mol.2. Pg. 98 B.C.P.R.) IIb0 5oR THE cvouHD suRrEr A.� 0Cat' 9899575 Er Hyl 1+,eM• �^ Z`' P Of 3Yo N£SREm.T 1,104 tore af, IIIIII r 1! , DR AFT N0. 2 i F .+ IAREAS,A .B„ „�,,& .0„fnQ _. ._ Y IRRoo,»n m..r nwem¢ 0 J.S.TALMAGE SURV&V I iI ver w , n C.L. DAMS ar co. ¢ N . ABSTRACT No.566 y — A-y III o "•—;� ^ Iy LnND suRvevlNc iS:; -„ = m T '. WESOpp• 1 '• u f3 I �L"^'�• .'^` ,1::"''''ll...-7:7.4.,,,,'Lli':;":::::::::".•'::::: U QIIIIIIIIII116 1 � 1 P. a I wor 41/ I IfL — PROPOSED ANNEXATION OFFRESNO 1 • __I - __ �;,'•®; AREA "A” APPROXIMATELY 36 ACRES ”, _ • _ ' ag VP AREA "8" APPROXIMATELY 57 ACRES - _ —---- I NM. I III m:»`,mo AREA"C"-APPROXIMATELY 2 ACRES 11 ABSTRACT LINE r ee,a� LOT t AREA"D"-APPROXIMATELY 7 ACRES oP;oie,.o "DT,a III c0000.on a R,o,• _,mu _ t C.R. 3648 N v+ uei. I I r °A�'^"''0. SECTION 78 WITHIN BRAZO OC COUNTY _ __ GENERAL LOCATION III "'""•'M L I I ALLISON-RICHEY 'M�°"•" NORTH OF COUNTY ROAD 894 �@" CQSLI NOME SWO torr '0°°,oi °'4 'RI EAST OF COUNTY ROAD 564 SYCAMORE STREET I VA Pe An. noeon,0 I I °s.°,�t_Q wt ra 1 µy 98 8 C F'R "'"'Y::." -»» 0.".N Da...... a..n a •'"t'"" III r •C' I 2, pq. 98 B.C.P.R.) SOUTH OF COUNTY ROAD 59 IU ,,,,N,.iO�n„nn..ro a —III —+ r II WEST OF COUNTY ROAD 48 a_� raao _ _ , — t IF- — I BRAZORIA Comm TEXAS 1:13=M EMMEINfl EMI= - -.— Tare,wn I,