Loading...
Ord. 1227 10-10-05ORDINANCE NO. 1227 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 17 OF APPROXIMATELY 75.5396 ACRES OF LAND. WHEREAS, Brazoria County Municipal Utility District No. 17 (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 Ordinance No. 859 dated August 10, 1998; 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 ORDAINED 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 "Petitions for Consent to Annex Land Into Brazoria County Municipal Utility District No. 17" (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 approximately 75.5396 acres described in the Petitions and the exhibits attached hereto, into the District conditioned upon the terms set forth in Ordinance No. 859. Section 4. The City shall not hereafter grant consent to the District to annex any additional land (except for the approximate 75.5396 acres described in the Petitions). Section 5. 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 ORDINANCE NO. 1227 so ordained. PASSED and APPROVED on FIRST READING this the 12th September , A.D., 2005. TOM REID MAYOR ATTEST: UNG ' R Y S ' ' ETARY day of PASSED and APPROVED on SECOND and FINAL READING this the loth day of October APPROVED AS TO FORM: , A.D., 2005. DARRIN M. COKER CITY ATTORNEY 2 TaTT D MAYOR PETITION FOR CONSENT TO ANNEX LAND INTO BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 17 EXHIBIT i ,A„ 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. 17 (the "District"), and Sunlake Limited, a Texas limited partnership, the owner of the land hereinafter described (the "Petitioner"), acting pursuant to the provisions of Chapter 49, Texas Water Code, particularly Sections 49.301(a)-49.301(f), respectfully petitions the City Council of the City of Pearland, Texas, for its written consent to the annexation by the District of the 44.343-acre 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 on May 21, 1999, and is governed by the provisions of Chapters 49 and 54, Texas Water Code, as amended. II. The Petitioner holds fee simple title to the Land sought to be annexed to the District, as indicated by the certificate of ownership provided by the Brazoria County Appraisal District. 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. IV. The Land is described by metes and bounds in Exhibit A, which is attached hereto 8636.doc 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 Petitioner hereby certifies that the only lienholder on the Land is Charles F. (Jack) Alexander. 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. IX. The undersigned estimates, from such information as it has at this time, that the cost of extending the District's facilities to serve the Land sought to be annexed is $2,130,000 and that the cost of extending 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 8636.doc -2- 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] 8636.doc -3- RESPECTFULLY SUBMITTED this 5th day of July, 2005. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT . 17 President, Board of Direc :rs ATTEST: Board of Dirctoors THE STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me on this 5th day of July, 2005, by David W. Doughty as President and Barbara Lynch as Secretary of the Board of Directors of Brazoria County Municipal Utility District No. 17, a political subdivision of the State of Texas, on behalf of said political subdivision. 1�r eye ; CATHERINE CAMPBELL *: MY COMMISSION EXPIRES September 25, 2008 (NOTARY SEAL) otary Public, Stat:l•f Texas 8636.doc -4- THE STATE OF TEXAS COUNTY OF HARRIS § § PETITIONER: SUNLAKE LIMITED, a Texas limited partnership By: AMERIFIRST CORPORATION, a Texas corporation its General Partner By: Clinton F. Wong resident This instrument was acknowledged before me on this 5th day of July, 2005, by Clinton F. Wong, President of Amerifirst Corporation, a Texas corporation and general partner of Sunlake Limited, a Texas limited partnership, on behalf of said partnership and corporation. `�RY SHERRECE ANDERSON Notary Public, State of Texas My C�44 mi sion Expires r�lARY F�61L�13, 2008 Notary Public, State of Texas 8636.doc - 5 - MAY-02-05 MON 09:47 AM HUITT-ZOLLARS,INC, FAX NO, 2814960220 P. 02 E FIELD NOTE DESCRIPTION 1 OF A 44.343 ACRE TRACT BEING PART OF A 56,0716 ACRE TRACT OUT OF A 78.1761 F TRACT TRACT TRACT (CALLED4OFTHE 8.1497 ACRES) SUBDIVISION OF SECT ON NG ALL 5, OF THE H.. T. Z. B. RAILROAD T OF TRACT 3 AND 4 OF TH COMPANY SURVEY, ABSTRACT 237, BRAZORIA COUNTY, TEXAS,BENG THE SAME TRACTS OF THE DEED RECORDS OF C PAGE 524, C. OF TM DEED BY OF BRAZORIA COUNTY,TEXN VOLUME 444, AS. SAID PAGE 82C, OF THE 44.343 ACRE TRACT MORE PARTICULARLY DESCRIBED AS FOLLOWS; CNER F AFORESAID ACRE TRACT AT I POINT G IN THE CENTERLINE OF ICKORY SST LOUGHH THAT BEARS N6.0716 ACRE TRACT BEING 00°41'03' W, 580.03' FROM A GALLED AND FOUND CT PIPE MARKING THE SOUTHEAST CORNER OF SAID 78.1761 ACRE TRA THENCE N. TO A POINT IN ATHE EAST LINE OF SAID 55.0716 ACRE TRACT A DRAINAGE D TCH MARKING THSOUTHEAST AND DISTANCE OF 92.99' CORNER OF HEREIN DESCRIBED TRACT. THENCE L. OF AT RIGHT ANLLESTO THE CENTERLINE OF HICKORY SLOUGH TO THE CENTERLINE OF HICKORY SLOUGH 9T50' NORTHERLY OF 1718) SET FOR AT 30.0E PASS A 5/8" IRON ROD WITH CAP STAMPED (LANEY E CORNER, ONTINU CONTINUING FOR A TOAL DISTANCE OFLS 552.61' TO A 5/8° IRON RESTAMPED (RPLS 1718) SET AT AN ANGLE POINT FOR CORNER. RODD W WITHTTH CAP THENCE S. 82°33'36" W. CONTINUING ALONG SAID LINE 92.5' NORTHERLY OF THE CENTERLINE (LANEY PLS 171) ATOUGH A DISTANCE OF 1232.52' AN ANGLE POINT FOR TO IRON ROD WITH CAP STAMPED THERLY THENCE S, 81'10'52" VV, CONTINUING ALONG SAID LINE 92.50' TO HICKORY SLOUGH A DISTANCE OF 330.75' TO A 5/8" IRON ROD WITHOF THE CAP STAMPED NS IN THE EAST LINE OF A 10' WIDENING STRIP SAONG THET LINE OF REAT LINE OF ACREID 56.0716 TRACT AND IN THE HAYFIELD COUNTY, RECORDED MARKING THE S UTHWEST CORNER OF HEREIN BRAZORIA DESCRIBED TRACT. THENCE 54 02' TO A SET 5/8" IRON ROD WITH OCAP SF TAMPED AMPEDD S(LANEY RPLS ACRE T A T. BEING IN 1718)DISTMARE INF 10 THE MARKING THE RIGHT-OF-WAY LINE OF PROPOSED r1550.00' WIDE MDESCRIBED cH RD ROAD.. THE SOUTH LINE cHARD THENCE 1 PASS A 5/8' IRON ROD WIDTH CAP STAMPED (LANEY RPLS UTH LINE OF SAID PROPOSED r17 8) SET FORORD AT 2R81 PI TIN A REFERENCE DRAINIGE DITCH MARKING THE NORTHEAST DCORNER OF HEREIN ISTANCE OF 2101.11 TO POINT IN A DESCRIBED TRACT. THENCET A F S. 77oTO THE POINT OF BEGINNING OF HEREIN DESCRIBED TRT LINE OF SAID 58.0716 ACRE ACT. CONTAINING OF SA NIT RY SEWER EAASE1AENT ADJACENT TO THE WEST1LIIDE CITY OF PEARLAND NE OF HEREINES DESCRIBED TRAITOR TRACT, RECORDED TNEXASC.GF. 97-00004418 OF THE OFFICIAL Ig' 2�n5 BRAZORIA COUNTY, 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 such construction will be commenced. The construction of the District's water, sanitary sewer, and drainage facilities 8636.doc 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. 8636.doc CERTIFICATE THE STATE OF TEXAS § § COUNTY OF BRAZORIA § I, the undersigned Secretary of the Board of Directors of Brazoria County Municipal Utility District No. 17, 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. 17 that was filed with the Board of Directors of the District on July 5, 2005. WITNESS MY HAND AND SEAL OF SAID DISTRICT this 5th day of July, 2005. Secretary, Board of rectors 8636.doc ALLEN BOONE HUMPHRIES ROBINSON LLP Direct Line: (713) 860-6422 Direct Fax: (713) 860-6622 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 abhIlp.com sprospere@abhllp.com August 3, 2005 Susan Prospere Legal Assistant Re: Brazoria County Municipal Utility District No. 17 (the "District") Dear Darrin: Enclosed please find the following documents in connection with the annexation of a 44.343-acre tract and 12.3214-, 13.0618-, and 5.8134-acre tracts of land, totaling 31.1966 acres, into the above referenced District: (1) 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; (2) Vicinity map of the City; (3) Detailed map of the tracts proposed for annexation, including 31/2" floppy disk; (4) Petitions for Consent to Annex Land into the District for each of the tracts (one original and eleven copies of each); 70930 Page 2 of 2 (5) Certificates of Corporate Authority (one original and eleven copies of each); (6) Certificate of Lienholder's Consent (one original and eleven copies); and (7) Executed In -City MUD Application Checklist. Should you have any questions, please feel free to call me or Alex Garcia, the attorney for the District, at 713-860-6414. Sincerely, Susan Prospere Legal Assistant Enclosures P 70930 City of Pearland In -City MUD Application Checklist Brazoria County MUD No. 17 Date: July 28, 2005 Attach this sheet as a cover to the completed information and check each box. ® Fully completed City of Pearland In -City MUD Data Form. Existing Subdivisions Form. ® Proposed Subdivisions Form. Existing Non -Residential Businesses Form. Proposed Non -Residential Businesses Form. Anticipated Future Annexations Form. Vicinity map of the entire City on a 24 x 36 sheet clearly showing location of the existing in -city MUD (if applicable) and the proposed annexation tract(s) — 12 copies. Show the existing and proposed zoning (if different) for each existing MUD tract and each proposed tract to be annexed. Detailed map of each tract (1"=200' scale) — 12 copies, and an AutoCAD drawing file (.DWG) on CD or 3-1/2" floppy disk (Texas State Plane South Central NAD 83). Fully completed and signed annexation petitions with metes and bounds boundary descriptions for all tracts — 12 copies. Consent by the City of Pearland for in -city MUD creations and annexations into existing in - city MUDs is not final until the adoption on second reading of the creation/annexation ordinance. The annexation/creation ordinance will only be considered simultaneously with the first and second readings of the zoning ordinance, if required, for the property under consideration. The applicant is advised to examine the schedule requirements for the zoning process to ensure timely consideration of this application. Due to changes in market conditions and other variables, neither the MUD nor the developer(s) guarantee any of the projections or estimates provided in this Application. Developer (as to his/her Clinton F.W©nq cts only) Printed Name Attach separate signatures as needed. C:\Documents and Settings\sherrece.amvest\Local Settings\Temporary Internet Files\OLK3 E\MUD-Application. doc September 24, 2001 General Information City of Pearland In -City MUD Data Form Brazoria County MUD No. 17 Date: June 29, 2005 Existing MUD Proposed Tract(s) 1 Proposed Zoning Classification (also show on map) R-1, R-2, R-3, R-2 PUD, R-4, R-2 PUD, GB , C C, M-1 2 Projected Date of Completion of All Homes/Businesses Jan-11 Jan-11 Area Existing MUD Proposed Tracts) Total 3 Total Acreage 695.0456 75.5396 770.5852 4 Currently Platted Residential Acreage (including road rights of way) 415.8959 0 415.8959 5 Currently Platted Commercial Acreage (including road rights of way) 22.128 0 22.128 6 Currently Undeveloped Acreage 163.221 75.5396 238.7606 7 Projected Undeveloped Acreage to be Platted Residential 86.76 25.3832 112.1432 8 Projected Undeveloped Acreage to be Platted Commercial 76.461 50.1564 126.6174 9 Current and Projected Detention & Transmission Utility Easements (acres) 85.2033 4 89.2033 10 All Other Acreage (Landscaping Reserves, Parks, etc) 8.5974 1.5 10.0974 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 MUD Proposed Tract(s) Total 11 Total Existing and Planned Residential Lots 1893 105 1998 12 Number of Currently Completed/Occupied Homes 1067 0 1067 13 Number of Currently Completed Lots 469 0 469 14 Number of Lots Under Construction 0 0 0 15 Number of Future Lots 357 105 462 Note: Lines 12, 13, 14, and 15 should total to Line 11 Property Values Existing MUD Proposed Tract(s) Total 16 Most Recent BCAD Valuation (Date: January 1, 2004) $ 170,057,543.00 $ 897,420.00 $ 170,954,963.00 17 Projected Total Valuation at Build Out Date $ 315,883,700.00 $ 30,750,000.00 $ 346,633,700.00 18 Projected Residential Valuation at Build Out $ 298,346,588.00 $15,750,000.00 $ 314,096,588.00 19 Projected Commercial Valuation at Build Out $ 17,537,112.00 $15,406,920.00 $ 32,944,032.00 20 Estimated Average Home Value (Date: January 1, 2004) $ 155,800.00 NA $ 155,800.00 21 Estimated Average Home Value - at Build Out $ 160,000.00 $ 155,000.00 $ 157,500.00 Note: Lines 18 and 19 should total to Line 17 Property Tax Revenues Existing MUD Proposed Tract(s) Total 22 Pre-Developm't General Fund Taxes @ $.694755/100 (Initial Value of MUD) $ 15,284.22 $ 6,235.00 $ 21,519.22 23 Most Recent Year City Property Taxes @ $.694755/$100 $ 1,181,483.00 $ 6,235.00 $ 1,187,718.00 24 Projected City Property Taxes @ $.694755/$100 at Build Out $ 2,194,617.80 $ 213,637.16 $ 2,408,254.96 25 Most Recent Year MUD Rebate Amount $ 231,892.03 $ - $ 231,892.03 26 Projected MUD Rebate Amount at Build Out $ 473,825.55 $ 46,125.00 $ 519,950.55 Calculations Existing MUD Proposed Tract(s) Total 27 Approx. Net Density at Build Out- Homes/Acre (Line 11/(3-9)) $ 3.10 $ 1.47 $ 2.93 28 Net Annual Revenue to City - Current Estimate (Line 23-25-22) $ 934,306.75 $ - $ 934,306.75 29 Net Annual Revenue to City - Build Out Estimate (Line 24-26-22) $ 1,705,508.03 $ 161,277.16 $ 1,866,785.19 City of Pearland In -City MUD Data Form Brazoria County MUD No. 17 Date: June 29, 2005 Existing Subdivisions Within Existing MUD Subdivision Name Area (Acres) Projected Lots Percent Complete Tract 1 Sunrise Lake Section One 60.4391 145 100% Sunrise Lake Section Two 31.08 111 100% Sunrise Lake Section Three 19.00 71 100% Tract 2 Parks at Walnut Bend Section One 59.3299 133 100% Parks at Walnut Bend Section Two 26.4171 123 100% Tract 3 Rivermist Section One 38.5069 122 100% Rivermist Section Two 29.1009 123 100% Tract 6 A-B Sunrise Lake Section Four 34.94 142 100% Sunrise Lake Section Five 33.64 100 100% Sunrise Lake Section Six 10.74 46 100% Tract 8 Sunrise Lake Section Seven 18.75 93 100% Tract 9 Cambridge Lake Section One 34.9573 90 100% Cambridge Lake Section Two (Plan review stage) 21.9527 75 0% Tract 10 Oakbrook Estates Section Five 29.251 101 100% Oakbrook Estates Section Six (Plans approved for construciton) 32.0129 99 0% Tract 12 O'Day Road Tract 39.9293 135 0% Tract 13 Pearland Park Estates 48.5115 136 100% Tract 14 Oakbrook Estates Subdivision (Future Sections) 19.2281 60 0% City of Pearland In -City MUD Data Form Brazoria County MUD No. 17 Date: June 29, 2005 Proposed Subdivisions Within Annexation Request Subdivision Name Area (Acres) Projected Lots Percent Complete Tract 15-A Future Section in Oakbrook Estates 12.3214 53 0% Tract 15-B Future Section in Oakbrook Estates 13.0618 52 0% City of Pearland In -City MUD Data Form Brazoria County MUD No. 17 Date: June 29, 2005 Existing Non -Residential Businesses Within Existing MUD Business Name Type of Business Tract 1 WC Properties Commercial (11.5294 Acres) Office / Warehouse Sunrise Lake Village (8.420 Acres) Office / Retail Tract 4 AABC Concrete (23.5326 Acres) Concrete Plant / Equipment Lease Tract 5 Matrix Manufacturing (4.9902 Acres) Tract 5 Light Manufacturing City of Pearland In -City MUD Data Form Brazoria County MUD No. 17 Date: June 29, 2005 Proposed Non -Residential Businesses Within Annexation Request Business Name Type of Business Tract 15-C Future General Business in Oakbrook Estates (5.8134 Acres) General Business Tract 16 Future Commercial, Hatfield Road Tract (44.343 Acres) Commercial City of Pearland In -City MUD Data Form Brazoria County MUD No. 17 Date: June 29, 2005 Anticipated Future Annexation Requests General Tract Description Area (Acres) Projected Lots Not known at this time. ('KC 1 T tK T,XA 5U1'V EYING EMIT-15TP A. METES AND BOUNDS DESCRIPTION 31.1966 ACRES OF LAND W. D. C. HALL LEAGUE, ABSTRACT 70 BRAZORIA COUNTY, TEXAS BEING 31.1966 acres of land situated in the W. D. C. Hall League, Abstract 70, Brazoria County, Texas, and being portion of Lots 1 and 2 of the George W. Jenkin's Subdivision as recorded in Volume 79, Page 616 of the Brazoria County Map Records, and a portion of Lots 15, 16, 17 and 18 of the S. W. Narregang Subdivision as recorded in Volume 1, Page 92 of said Map Records; said 31.1966 acre tract being more particularly described in three (3) tracts by metes and bounds as follow: TRACT 1: 12.3214 Acres BEGINNING at a 5/8-inch iron rod found at the south corner of Shadycrest Subdivision, same being the west corner of said S. W. Narregang Subdivision; THENCE North 44 degrees 48 minutes 39 seconds East a distance of 527.49 feet to a 5/8- inch iron rod found at the most westerly comer of a 19.2281 acre tract; THENCE South 45 degrees 01 minutes 24 seconds East a distance of 1327.77 feet. crossing said Lots 18 and 15 along and with the southwesterly line of said 19.2281 acre tract to the most easterly corner of the herein described tract; THENCE South 73 degrees 55 minutes 27 seconds West a distance of 411.03 feet crossing said Lots 15 and 16 to the most southerly corner of the herein described tract; THENCE in a northwesterly direction.crossing said Lots 16 and 17 along and with the arc of a curve to the left having a Central Angle of 14 degrees 35 minutes 28 seconds, an Arc distance of 534.79 feet, a Radius of 2100.00 feet, and a chord of North 53 degrees 01 minutes 18 seconds West a distance of 533.35 feet to the end of said curve; THENCE North 60 degrees 09 minutes 51 seconds West a distance of 100.00 feet crossing said Lot 17 to the beginning of a curve to the right; THENCE in a northwesterly direction continuing across said Lot 17 along and with the arc of said curve to the right having a Central Angle of 15 degrees 15 minutes 12 seconds, an Arc distance of 508.62 feet, a Radius of 1910.52 feet, and a chord of North 52 degrees 40 minutes 10 seconds West a distance of 507.12 feet returning to the PLACE OF BEGINNING of the herein described Tract 1 and containing 12.3214 acres of land. TRACT 2: 13.0618 Acres COMMENCING at a 5/8-inch iron rod found at the south comer of Shadycrest Subdivision, 932823-mud.M&B Page 1 of 3 SPFATEP TEXAS 5Uk'V YIN( same being the west corner of said S. W. Narregang Subdivision; Thence South 50 degrees 26 minutes 04 seconds East a distance of 1495.16 feet crossing said Lots 17 and 16 to the most westerly corner and POINT OF BEGINNING of the herein described Tract 2; THENCE North 51 degrees 32 minutes 11 seconds East a distance of 600.47 feet crossing said Lots 16 and 15 to the southwest line of a 26.9108 acre tract; THENCE South 45 degrees 02 minutes 33 seconds East a distance of 850.34 feet crossing said Lots 15 and 1 along and with said 26.9108 acre tract southwest line to the most easterly corner of the herein described tract; THENCE crossing said Lot 1 along and with the following three (3) courses: South 44 degrees 58 minutes 24 seconds West a distance of 414.52 feet; South 45 degrees 03 minutes 39 seconds East a distance of 33.52 feet; South 45 degrees 21 minutes 28 seconds West a distance of 226.21 feet to the most southerly corner of the herein described tract; THENCE North 44 degrees 59 minutes 09 seconds West a distance of 533.89 feet crossing said Lots 1 and 16 to the beginning of a curve to the right; THENCE in a northwesterly direction continuing across said Lot 16 along and with the arc of said curve to the right having a Central Angle of 09 degrees 11 minutes 33 seconds, an Arc distance of 304.83 feet, a Radius of 1900.00 feet, and a chord of North 40 degrees 22 minutes 26 seconds West a distance of 304.50 feet to the end of said curve; THENCE North 35 degrees 36 minutes 14 seconds West a distance of 115.14 feet continuing across said Lot 16 retuming to the PLACE OF BEGINNING of the herein described Tract 2 and containing 13.0618 acres of land. TRACT 3: 5.8134 Acres COMMENCING at a 5/8-inch iron rod found at the south corner of Shadycrest Subdivision, same being the west corner of said S. W. Narregang Subdivision; Thence South 47 degrees 13 minutes 09 seconds East a distance of '2533.10 feet crossing said Lots 17, 16 and 1 to the most westerly corner and POINT OF BEGINNING of the herein described Tract 3; THENCE crossing said Lots 1 and 2 along and with the following five (5) courses: 932823-mud.M&B Page 2 of 3 SPEATEP TEXAuKvcrlNo North 43 degrees 20 minutes 56 seconds East a distance of 201.91 feet; North 69 degrees 57 minutes 12 seconds East a distance of 81.27 feet; North 87 degrees 15 minutes 39 seconds East a distance of 113.40 feet; South 87 degrees 03 minutes 50 seconds East a distance of 245.05 feet; South 78 degrees 17 minutes 24 seconds East a distance of 214.15 feet to to the southwesterly line of a 26.9108 acre tract; THENCE South 45 degrees 02 minutes 33 seconds East a distance of 57.27 feet along and with said 26.9108 acre tract southwesterly line to the most easterly corner of the herein described tract; THENCE South 44 degrees 59 minutes 30 seconds West a distance of 641.32 feet crossing said Lot 2 along and with a line 20.00 feet northwesterly from and parallel to the northwesterly right-of-way line of Dixie Farm Road (80-feet wide) as found monumented as used upon the ground, to the most southerly corner of the herein described tract; THENCE North 44 degrees 59 minutes 09 seconds West a distance of 523.25 feet crossing said Lots 2 and 1 returning to the PLACE OF BEGINNING of the herein described Tract 3 and containing 5.8134 acres. May 2003 932823-mud.M&B Page 3 of 3 31.1966 acres • 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 Dailv 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 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 ofthe 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 ofthe 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. 8638.doc THE STATE OF TEXAS COUNTY OF BRAZORIA § CERTIFICATE I, the undersigned Secretary of the Board of Directors of Brazoria County Municipal Utility District No. 17, do hereby certify that the attached and foregoing isa true and correct copy of the Petition for Consent to Annex Land into Brazoria County Municipal Utility District No. 17 that was filed with the Board of Directors of the District on October 7, 2003. WITNESS MY HAND AND SEAL OF SAID DISTRICT this 7th day of October, 2003. 8638.doc PETITION FOR CONSENT TO ANNEX LAND INTO BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 17 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. 17 (the "District"), and Oakbrook Estates, Ltd., a Texas limited partnership, the owner of the land hereinafter described (the "Petitioner"), acting pursuant to the provisions of Chapter 49, Texas Water Code, particularly Sections 49.301(a)-49.301(f), respectfully petitions the City Council of the City of .Pearland, Texas, for its written consent to the annexation by the District of the 31.1966 acres of land described by metes and bounds in Exhibit "A" (the "Land"). In support of this petition, the undersigned would show the following: 1. The District was created on May 21, 1999, and is governed by the provisions of Chapters 49 and 54, Texas Water Code, as amended. II. Oakbrook Estates, Ltd., holds fee simple title to the Land sought to be annexed to the District, as indicated by the certificate of ownership provided by the Brazoria County Appraisal District. 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. 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 ofa 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 8638.doe 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. V II. The Petitioner hereby certifies that there are no lienholders on the Land. V III. The District agrees and hereby covenants that if the requested consent to the annexation ofthe 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. IX. The undersigned estimates, from such information as it has at this time, that the cost of extending the District's facilities to serve the Land sought to be annexed is $2,675,000 and that the cost of extending 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] 8638.doc -2- RESPECTFULLY SUBMITTED this 7th day of October, 2003. AI IEST: t Ae.F +a q SEA - t;• THE SricTE OF TEXAS COUNTY OF I-IARRIS § BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 17 President, Board of Direct This instrument was acknowledged before me on this 7th day of October, 2003, by Francis J. Scarr as President and Tiffiny L. Collett as Secretary of the Board of Directors of Brazoria County Municipal Utility District No. 17, a political subdivision of the State of Texas, on behalf of said political subdivision. (NOTARY 8638.doc SUSAN PROSPERE NOTARY PUBLIC STATE OF TEXAS Comm. Exp. 02.25-2007 -3- Notary Public, State of Texas C RESPECTFULLY SUBMITTED this 7th day of October, 2003. PETITIONER: OAKBROOK ESTATES, LTD., a Texas limited partnership By: GREATMARK INTERNATIONAL, INC., a Texas corporation its General Partner By: 711 Clinton F. Wong, Presid THE STATE OF TEXAS COUNTY OF HARRIS This instrument was acknowledged before me on this 7th day of October, 2003, by Clinton F. Wong, President of Greatmark International, Inc., a Texas corporation and general partner of Oakbrook Estates, Ltd., a Texas limited partnership, on behalf of said partnership and corporation. LUKE WONG MY COMMISSION EXPIRES May 23, 2006 (NOTARY SEAL) 8638.doc Notary;'. u•lic, State of"I'exas -4- APR-28-2006(FRI) 08:41 DALLRS EXTERNAL RFF (FRX)214 464 3622 P.001/001 April 28, 2006 Mt. Young Lorfing City of Pearland 3519 Liberty Dr. Pearland, TX 77581-5416 CITY OF PE i e:d C&TY `= C;;'El ,A R Ezenafi bl irtctor Municipal Relations 2006 APR 28 Ail 9: 46 Fax: 281-652-1719 Re: Annexation #: 1151, 1168, 1169, 1170, 1213, 1214 Dear M1: Lorfing: Cc:--oDuc K 6 AT&T Texas 511). j I2 Thy AT&T P1s�t v / �O Room 110D Dullux, TX 75202 214-464-4521 Phone 214-464-4051 RO.W. 2I4-464-3622 Fax 411247®a nttcom 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 211 161 1521. Sincerely, Bob Garza AT&T Texas Municipal Relations/Extcrnal Affairs 308 S. Akard Room 1100 Dallas, Texas 75202 i f � Z MAIN ST. (STATE HWY 35) S4 1-1 11 L I 4! N w J • 1 2SZ,WIH 31b'.jS 3 J `ti tea tl �Oy '1 �, 4(T 7 ,i f sr 6k. VIII r� s: a k (sz: V 'd) "aa -0ANVV EXISTING BCMUD NO. 17 BRAZORIA COUNTY MUD NO. 17 PROPOSED ANNEXATION PROPOSED ANNEXATION J U LY 28, 2005 PROP. ZONING CLASS ECU 1Y Z U r Cr) CX U U LR3 R-2 ❑ a N c o CV cc r- & ❑ a CV cc L ❑ a. CV tY R-2 (PUD) al 0 U EXIST ZONING CLASS c` CC SD 'cr (Y Cf? CY 0 U r C C ❑ (n SD R-3 N 0C N CY CA 0 ❑ (n c tY '- tr R-2 (PUD) ❑ D iL cv O ❑ 0 0_ CV rY m O 0 SUBDIVISION NAME SUNRISE LAKES SEC 1, 2, AND 3 SUNRISE LAKES COMMERCIAL PARKS AT WALNUT BEND SEC 1 AND 2 _ -J RIVER MIST SUBDIVISION SEC 1 AND 2 FUTURE COMMERCIAL _FUTURE LIGHT INDUSTRIAL FUTURE SUNRISE LAKES SUBDIVISION FUTURE COMMERCIAL FUTURE COMMERCIAL FUTURE SUNRISE LAKES SUBDIVISION FUTURE SINGLE FAMILY RESIDENTIAL FUTURE OAKBROOK ESTATES FUTURE COMMERCIAL FUTURE SINGLE FAMILY RESIDENTIAL FUTURE SINGLE FAMILY RESIDENTIAL FUTURE OAKBROOK ESTATES RESIDENTIAL SUBTOTAL - CURRENTLY IN DISTRICT FUTURE OAKBROOK ESTATES RESIDENTIAL FUTURE OAKBROOK ESTATES RESIDENTIAL FUTURE OAKBROOK ESTATES GENERAL BUSINESS FUTURE COMMERCIAL SUBTOTAL - TO BE ANNEXED GRAND TOTAL AFTER ANNEXATION ACREAGE 106.1560 AC. 32.5000 AC. 85.7470 AC. 68.9580 AC. 23.5326 AC. Q CD CD 0) 4 88.9931 AC. <<QQ L() LC) CO 6i CC) LO CO m O CD_O CO o CA (Q 56.911 AC. Q CO C3) cri 39.9293 AC. 48.2221 AC. 15.2281 AC. 695.0456 AC. 12.3214 AC. c- LO O cri T 5.8134 AC. 44.343 AC. 75.5396 AC. 770.5852 AC. TRACT NO. Q N co d' u) CO < m CO 6) L Q T T T T 1 I11 !� LC) e TOTAL