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R2005-0150 10-10-05 RESOLUTION NO. R2005-150 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 6 OF APPROXIMATELY 9.9932 ACRES OF LAND. WHEREAS, Brazoria County Municipal Utility District NO.6 (the "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 Resolution No. 86-7 dated February 10, 1986; and WHEREAS, Section 54.016, V.T.C.A., Water Code, as amended, provides that no land within the corporate limits of a city or within the extraterritorial jurisdiction of a city, shall be included within a municipal utility district unless such city grants its written consent, by resolution or ordinance, to the inclusion of the land within the district; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. All of the matters and facts set forth in the preamble hereof are true and correct. Section 2. The "Petition for Consent to include additional Land in Brazoria County Municipal Utility District NO.6" (the "Petitions") relative to 9.9932 acres of land is attached hereto as Exhibit "A" and made a part hereof for all purposes. Section 3. The City Council of the City of Pearland, Texas, hereby specifically gives its written consent to the annexation of approximately 9.9932 described in the Petition and the exhibits attached hereto, into the District conditioned upon the terms set forth in Ordinance NO.1 004. RESOLUTION NO. R2005-150 Section 4. This Resolution shall become effective immediately upon its passage and approval by the City Council. PASSED, APPROVED and ADOPTED this the .lilth..- day of October , A. D., 2005. T~ MAYOR ATTEST: APPROVED AS TO FORM: f) 4&-' ex- DARRIN M. COKER CITY ATTORNEY 2 f~ r , ,-'''" ,I , MapOptix 4.2 Interface Tools Layers lB Show All 8 Hide All t8 ~ Road Layers -~.-~ lil ~ Tax Parcels lB g) Boundary Layers ,...:~ L'tl E.' Planning Layers !+! k5' MUD Layer El Query Buffer Markup Help Page 1 of 1 1 Mi.: ~~ I~ ~ ~;'W~ ~ I;:U:J l~ 1" ! 1 .1........ or T 1 . 1.. ~ {\ 11 1'""1 () 1\ C EXHIBIT ~ '"A 't ~ PETITION FOR CONSENT TO INCLUDE ADDITIONAL LAND IN BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO.6, OF BRAZORIA COUNTY, TEXAS THE STATE OF TEXAS ~ ~ COUNTY OF BRAZORIA ~ TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF PEARLAND: LAND THREE, LTD., a Texas limited partnership, being the holder of title to all of, and therefore, a majority in value of, the land hereinafter described, as such values are indicated by the tax rolls of the Central Appraisal District of Brazoria County, Texas, ("Landowner") and BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO.6, OF BRAZORIA COUNTY, TEXAS ("District") (Landowner and District hereinafter called "Petitioner"), acting pursuant to the provisions of Section 54.016, Texas Water Code, respectfully peti tion for consent to include additional land in a municipal utility district. In support of this petition, Petitioner shows as follows: I. The District, to which the land hereinafter described is sought to be annexed, exists under the terms and provisions of Article XVI, Section 59 of the Constitution of Texas and Chapters 49 and 54, Texas Water Code, as amended, and was created by order of the Texas Water Commission, predecessor to the Texas Commission on Environmental Quality dated April 1, 1987. Landowner is the sole owner and holder of fee simple title to the land sought to be annexed to the District, as indicated by the tax rolls of the central appraisal district of Brazoria County, Texas. Landowner represents and warrants that there are no holders of liens against the land sought to be annexed. II. The land sought to be added to the District contains approximately 9.9932 acres of land, more or less, and lies wholly within Brazoria County, Texas. No part of said area is within the limi ts of any incorporated city or town. Under the provisions of Vernon's Texas Civil Statutes, Local Government Code, Section 42.001 et seq., as amended, said area is within the extraterritorial jurisdiction of the City of Pearl and and is not within such jurisdiction of any other city. All of the territory to be annexed may properly be annexed to the District. III. The land sought to be added to the described by metes and bounds in Exhibit incorporated herein for all purposes. area of the District is "P." attached hereto and IV. The general nature of the work proposed to be done in the area sought to be annexed shall be the purchase, construction, acquisition, repair, extension and improvement of land, easements, works, improvements, facilities, plants, equipment and appliances necessary to: (1) provide a water supply for municipal, commercial purposes; domestic and (2 ) domestic, composite collect, transport, process, dispose of and control all industrial or communal wastes whether In fluid, solid or state; and (3) gather, conduct, divert and control local storm water or other harmful excesses of water In the area. V. There is a necessity for the improvements above described for the following reasons. The area of the District is urban in nature, is within the growing environs of the City of Pearland, and is in close proximity to populous and developed sections of Brazoria County. The land sought to be added to the District is not supplied with adequate water, sanitary sewer and drainage facilities and services, nor is it presently economically feasible for such facilities to be provided to said land. The health and welfare of the present and future inhabitants of the District, the land sought to be added to the District and of territories adjacent thereto require the installation and acquisition of an adequate water supply and sewage disposal system and an adequate drainage system for and within the land sought to be added to the District. A public necessity exists for the addition of the aforesaid lands to the District in order to provide for the purchase, construction, extension, improvement, maintenance and operation of such waterworks and sanitary sewer system and such drainage facilities, so as to promote and protect the purity and sanitary condition of the State's waters and the public health and welfare of the community. -2- VI. Petitioner agrees and covenants to abide by the conditions set forth in Exhibit "B", attached hereto and made a part hereof for all purposes, until such time as said conditions may be changed by City of Pearland ordinance or resolution, either specific or general. VII. It is estimated by the Petitioner, from such information as is available at this time, that the development contemplated wi thin the proposed area to be annexed will be approximately $5,000,000.00. WHEREFORE, Petitioner respectfully prays that this petition be granted in all respects and that the City of Pear land give its consent to the annexation of the aforesaid land in said District. SIGNATURES BEGIN ON THE NEXT PAGE -3- day of AJ, ,;-f , 2005. , '-'\L 'j)... Dated thls the ()(. 1 LAND THREE, LTD., a Texas limited partnership By: The Gustafson Group, Inc':e ()A(CLlil)i:::'i2. a s corporation) c:\F-(-J _C2.i\.L ATTEST: THE STATE OF TEXAS s; S; S; COUNTY OF HARRIS Thi instrument day 0 f LAd L":Sf The Gustaf' on Group, of Land Three, Ltd., entities. 14'.j-L.. was acknowledged before me on this the d, I 2005, by James W. Gustafson, President of Inc., a Texas corporation, the General Partner a Texas limited partnership, on behalf of said .i'~~< BRffiWAlKER ~~.1't'..O MY COMMISSION EXPIRES ".;:~..:.".t.'{" , June 4, 2009 '..m,.t)~AL I ,r. "-) \. k r- ,t _~~\.,...,.i~ Noiary Public in and for the ' State of Texas -4- BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO.6, OF BRAZORIA COUNTY, TEXAS By: /~.. "--~"- I y . ,,_f":,.-p,- .' '/ / k'< !.--L':. ,t/ ..-~..-"'")7 .... " " James H. R~gan, President Board of Directors THE STATE OF TEXAS 5 5 5 COUNTY OF HARRIS This day of Board of ir 6, OF BRA subdivision. was acknowledged before me on this the /r:J~ 2005, by James H. Ragan, President of the of BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. COUNTY, TEXAS, on behal f of said J) Ii tical cf:0006/ Annexe- LandThree -5- 9.9932 acres of land, lying and being situated in the HT. and B. RR Company Survey. Abstract 300, Brazoria County, Texas and being all of Lot 57, Section 81, Allison-Richey Gulf Coast Home Company's Subdivision; said 9.9932 acres of land being more particularly described by metes and bounds as folloH"s,' BEGINNING at a point in the centerline of County Road No. 94, same being located South 3135.00feet from the northeast corner of the said Section 81, said beginning point being the northeast corner of the said Lor57; THENCE SOllth, along the centerline of County Road No. 94, a distance of 495.00 feet to {t pointfor the southeast corner of the said Lot 57; THENCE West, along the south line of the said Lot 57, at 20.00 feet pass a 1/1 iron pipe in the west line of the said roC/d, in all 879.40 feet to a concrete monument in the east right of ,~'cry line of proposed State High'rvay 288: THENCE North, along the said high.vay right of way line, 495.00 feet to a concrete monumentfor the north'rvest corner of the said Lot 57,' THENCE Emt, along the north line of the said Lot 57, at 859.40 feet pass a 1 II iron pipe in the aforementioned ,vest line of County Road No. 94, in all 879.40 feet to the point or place of beginning and containing as aforesaid 9.9932 acres of land. _::{:le(~.'l;;r..~.:_ ;'!;l.....4:..../IIIIo.."'f!I:li ~.,~-"l.lf;.ll!U!ll_:I:IIr~~"l.~*.~ 09/29/2005 15:43 7137227711 THE GUSTAFSON GROUP Doc'" cllJIZJ5053B57 PAGE 03/05 DECLARATION OF RESTRICTIONS THE STATE OF TEXAS ~ ~ COUNTY OF BRAZORJA ~ KNOWN ALL MEN BY THESE PRESENTS: THE DECLARA TlON OF RESTRICTIONS ("Declaration") I::; made this Jd-tk day of S~<2.... \ , 2005 by Land Three, Ltd., a Texas limited partnership ("Developer ). DECLARA nON Developer is the owner of that certain parcel of land situated more particularly described on Exhibit "A" attached hereto (the "Property"). The Developer is in the process of disannexing the Property from the City of Pearl and, Texas so that the Property can be annexed by the Brazoria County Municipal Utility District No.6 ("BCMUD#6"). As a condition to the disannexation of the Property, the City of Pearland is requiring the Developer to adopt and record certain restrictions against the Property. In particular, the City of Peatland is requiring the Developer to adopt and abide by the Silverlakc Commercial Guidelines dated September 20, 1995 (the "Guidelines"). The City of Peadand is also requiring the Developers to adopt and abide by the more restrictive of the Silverlake Village Shopping Center Signage Criteria dated April 18, 2002 (the "Signagc Criteria") attached hereto as Exhibit "B" and Section 24.4 of Chapter 24 - Signs of the City of Pearl and, Texas Ordinance No, 509-H (the "Sign Ordinance") attached hereto as Exhibit "e". NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Developer hereby declares, establishes, and Cldopts the restrictions and conditions set forth below (collectively the "Restrictions"), with respect to the Property. The Restrictions shall be appurtenant to the Property and shall constitute covenants running with and binding upon the Property and each portion. thereof and upon each party having or acquiring any right, title or interest in and to the Property or any part thereof. Each contract, deed or other instrument hereafter executed and delivered covering the Property or any portion thereof or any interest therein, shall be held to have been executed, delivered and accepted subject to these Restrictions, regardless of whether or not the Restrictions arc referred to or incorporated by reference in said contract, deed or other instrument. 1. Silvcrlake Commercial Guidelines. The Developer hereby adopts and agrees to abide by the Guidelines. The Developer shall h<lve the option to decide whether or not to adopt any amendments to the Guidelines. _:l;ltl;a.'I:l'.iiIO}';'_ "~t"A:.....UIn."'Ir!~!~ iIi.I...-u-....[olt_If~~"\::c~~j*.t~t: ...L_ 09/29/2005 15:43 7137227711 THE GUSTAFSON GROUP PAGE 04/05 2. Signage Re~trictions. The Developer hereby adopts and agrees to abide by the more restrictive of the Signage Criteria or the Sign Ordinance. For example, jf the Signage Criteria allows a maximum sign height of 40 feet and the Sign Ordinance allows a maximum sign height of ] 5 feet, the Sign Ordinance would govern the Signage Criteria. The Developer shall have the option to decide whether or not to adopt any amendments to the Sign Criteria or the Sign Ordinance. The Developer shall also have the option to take advantage of any variances granted by the City of Pearland to tbe Sign Ordinance for developments along the State Highway 288 corridor if similar reasons for granting the variance exist on the Property. 3. Amendment. These Restrictions can be amended upon written approval from the City CouncU ofthe City of Pearl and, Texas. 4. Severability. In the event of the invalidity or partial invalidity or enforceability of any provision or a portion of this Declaration, the remainder of this Declnration shall remain in full force and effect. 5. Counterparts. This Declaration may be executed in any number of counterparts with the same effect as if all signatory parties had signed the same document. All countcrpart~ will be construed together and will constitute one and the same instrument. Land Three, Ltd. By: The Gustafson Group, Inc. General Partner ~'" By: 2 _:~.iI';.~_ ~~MI!J.~:.lI_ili.,..1.~"['l.-.I:aI:.\.'t::C:~l:t.l.:l '-- 09/29/2005 15:43 7137227711 THE GUSTAFSON GROUP PAGE 05/05 STAtE OF TEXAS S ~ COUNTY OF HARRIS S . }l.. This instrument was acknowledged before me, on the l.L day of September, 2005, by James W. Gustafson, President of the Gustafson Group, Inc., the sole general partner of LAND THREE, LTD., 8 Texas limited partnership, on behalf of said limited partnership. #" ~~ ~ BRETT WALKER MY COMMISSION EXPIRES Juno 4, 2009 ~~L [SEAL] 0\A ~ L-j) d. ()\..:) C\ Notary Public, State of Texas ~\ e:\~ Wn \kr Printed Name of Notary Public My Commission Expires: DOCllmcnt2 _:-(;'II(=-.'I:.l,.jjI;t~_ .,:j!lr'.4;II'..ffi!l.'WlRfm,Ji ~I;..~_:I:III'~~.'~': B9/29/2BB5 7137227711 - E- ~ \-\1: ~:I.~ THE GUSTAFSON "A- GROUP 15:43 9.9932 acres of land, lying and being situated in the H.T. and B. RR Company Survey, Abstract 300, Brazoria County, Texas, 2nd being all of Lot 57, Section 81, Allison-Richey Gulf Coast Home Company's Subdi.vision; said 9.9932 acre~ of land being more particularly described by metes and bounds as follows; BEGINNING at a point in the centerline of County Road No. 94, same being located South 3~35.00 feet from the northeast Corner of the said Section 81, said beginning' point being the northeast corner of the said Lot 57; THENCE South, along the centerline of County Road No. 94, a distance of 495.00 feet to a point Eor the southeast corner of the said Lot 57; THENCE West, along pass a 1" iron feet to a concrete State Highway 288; the south line of the said Lot 57, at 20.00 feet pipe in the west lin~ of the said road, in all B79.40 monument in the ea6t right of way line of proposed THENCE North, along the said highway right of way line, 495.00 feet to a concrete monU~ent for the northwest corner of the 6aid Lot 57; THENCE East, alons the north line of the said Lot 57, pass a 1" iron pipe in the aforementioned west line 94, in all 879.40 feet to the point or place containing 9.9932 acres of land. Clt 859.40 feet of County Road No. of. beginning and DOI:# 2005053857 fi Pages 4 09/15/2005 3:27PM Official R!rord$ of BRI1ZDRIA lllt/NTy JOYCE HUD~ COUNTY ClERK F~e> $28.00 I~(J.~ PAGE BD/BE.