Ord. 0836 02-23-9898 008524
ORDINANCE NO. 836
AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF
PEARLAND, TEXAS, TO INCLUDE ALL LAND AREA WITHIN CERTAIN
LIMITS AND BOUNDARIES AND ANNEXING TO THE CITY OF
PEARLAND ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES
(COUNTY ROAD 403 AREA); APPROVING A SERVICE PLAN FOR ALL
OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES; CONTAINING
OTHER PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING A
SAVINGS AND SEVERABILITY CLAUSE.
WHEREAS, the City Council of the City of Pearland, Texas, has, following due
notice and publication in accordance with the requirements of §43.052, Tex. Local
Govt. Code, conducted two (2) public hearings regarding the City's intended
annexation of certain territory located contiguous to the City and within the City's
extraterritorial jurisdiction; and
WHEREAS, public hearings were conducted before the City Council on
January 5, 1998, at 6:30 p.m. and on January 19, 1998, at 6:30 p.m., at the
Pearland City Hall, 3519 Liberty Drive, Pearland, Texas; and
WHEREAS, the City of Pearland has, in accordance with §43.051 et seq.,
Tex. Local Govt. Code, complied with all procedural requirements regarding the
annexation of territory, including the preparation of a plan for extension of municipal
services into the area annexed to the City; and
WHEREAS, the City intends to fulfill those obligations imposed upon it by state
law regarding newly annexed areas, including timely provision of municipal services
as required by law; and
WHEREAS, the City Council finds and determines that the annexation intended
by this Ordinance is in the best interests of the City of Pearland and benefits the
health, safety, and welfare of the citizens of said City; now, therefore,
1
ORDINANCE NO. 836
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the boundaries and limits of the City of Pearland, Texas, are
hereby extended to embrace and include all of the territory described in Exhibit "A"
attached hereto and made a part hereof, and such territory is hereby annexed to and
made a part of the City.
Section 2. The plan for extension of municipal services into the territory
annexed to the City of Pearland by the provisions of this Ordinance is set forth in the
"City of Pearland, Texas, Service Plan for Approximately 624 Acres of Land Located
South of County Road 403 and Bounded on the West by the Current City Limit and
Brazoria County Municipal Utility District No. 6, on the South by the Current City
Limit, and on the East by Brazoria County Municipal Utility District No. 5, in
Brazoria County, Texas" attached hereto as Exhibit "B" and made a part hereof for all
purposes. Such Municipal Service Plan is hereby approved.
Section 3. The City Council officially finds, determines, recites and declares
that sufficient written notices of the date, hour, place and subject matter of the
meetings of the City Council at which this Ordinance was considered were posted at
a place convenient to the public at the City Hall of the City of Pearland for the time
required by law preceding said meetings, as required by law; and that said meetings
have been open to the public, as required by law, at all times during which this
Ordinance and the subject matter thereof has been discussed, considered and formally
acted upon. The City Council further ratifies, approves and confirms such written
notices and the contents and posting thereof.
Section 4. If any section or part of this Ordinance be held unconstitutional,
illegal or invalid, or the application thereof ineffective or inapplicable as to any
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ORDINANCE NO. 836
territory, such unconstitutionality, illegality, invalidity, or ineffectiveness of such
section or part shall in no wise affect, impair or invalidate the remaining portions, the
same shall be and remain in full force and effect; and should this Ordinance for any
reason be ineffective as to any part of the area hereby annexed to the City of
Pearland, such ineffectiveness of this Ordinance as to any such part or parts of any
such areas shall not affect the effectiveness of the Ordinance as to all of the
remainder of such area, and the City Council hereby declares it to be its purpose to
annex to the City of Pearland every part of the area described in Exhibit "A", attached
hereto, regardless of whether any other part of such described area is hereby
effectively annexed to the City. Provided, further, that if there is included in the
general description of territory set out in Exhibit "A", attached hereto, any land or area
which is already a part of and included within the general limits of the City of
Pearland, or which is presently part of and included in the limits of any other city,
town or village, or which is not within the City of Pearland's jurisdiction to annex, the
same is hereby excluded and excepted from the territory to be annexed as fully as if
such excluded and excepted area was specifically described herein.
PASSED and APPROVED on First Reading this the 9th day of
February , A. D., 1998.
TOM REID
MAYOR
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RDINANCE NO. 836
APPR
ETARY
PASSED and APPROVED on Second and Final Reading this the 23rd day of
February , A. D., 1998.
ED AS TO FORM:
Y MITES cCULLOUGH
CITY ATTORNEY
TOM REID
MAYOR
4
METES AND BOUNDS DESCRIPTION
624 ACRES BEING OUT OF
ABSTRACTS 675, 302, 721, 310, 506
BRAZORIA COUNTY, TEXAS
1
EXHIBIT
All that certain 624 acres, more or less, to be annexed into the City of Pearland located in the,
Allison Richey Gulf Coast Home Company Subdivision Section 4 according to the plat thereof
filed in Volume 2, Page 99 Brazoria County Plat Records, T. C. R.R. Survey Abstract 675;
Allison Richey Gulf Coast Home Company Subdivision according to the plat thereof filed in
Volume 2, Page 107 Brazoria County Plat Records, H.T. & B. RR Company Survey Section 85,
Abstract 304; Allison Richey Gulf Coast Home Company Subdivision, Section 20 according to
the plat thereof filed in Volume 2, Page 23 Brazoria County Plat Records, H. T. & B. RR
Company Survey Abstract 506; and out of J.W. Maxey Survey Abstract 721 Brazoria County,
Texas, and being more particularly described by metes and bounds as follows; (Bearings shown
based on east right-of-way line of State Highway 288 to be N 03° 00' 15" El
Beginning at a point marking the northwest corner of Municipal Utility District Number 6 as
described in that certain deed dated 3-14-1997 as filed in Official Records of Real Property of
Brazoria County at Clerk's File Number 97-009523 and being on the east right-of-way line of
State Highway 288;
Thence N 03° 00' 15" E — 2,121.81', more or less, with the east right-of-way line of said State
Highway 288 and the easterly line of City of Pearland Annexation Ordinance Number 762 to a
point for corner;
Thence N 36° 12' 50" E — 83.67', more or less, continuing with the east right-of-way line of
said State Highway 288 to a point for corner;
Thence N 69° 25' 14" E — continuing with the east right-of-way line of said State Highway 288
passing at 369', more or less, the west right-of-way line of County Road 94 and continuing a
total distance of 409.23', more or less, to a point in the east right-of-way line of County Road
94;
Thence N 03° 29' 36" W — 43.04', more or less, with the east right-of-way line of said County
Road 94 and the west line of that certain Parcel Number 8 dated 12-09-1968 from Clarence V.
Burns, et ux to the State of Texas filed in Volume 1021, Page 803 Brazoria County Deed
Records, to a point for corner;
Thence N 86° 47' 14" E with the south right-of-way line of Hughes Ranch Road (County Road
403) passing at 5,249.59", more or less, the northwest corner of Hickory Place Subdivision
according to the plat thereof filed in Volume 18, Page 333, Brazoria County Plat Records and
continuing a total distance of 6,022.10', more or less, to a point marking the point of curvature
of a curve to the right having a radius of 2,396.46' and a central angle of 14° 27' 40";
Thence with said curve and the south right-of-way line of said County Road 403 as realigned by
those certain deed filed in Volume (84) 35, Page 722 Brazoria County Official Records and
Volume (84) 479, Page 192 Brazoria County Official Records an arc distance of 604.85', more
11 421 39 1 M&h cioc
1
or less, and a chord bearing and distance of S 86° 08' 34" E - 603.25', more or less, to a point
for'odrner;
Thence S 76° 38' 14" E - 251.92', more or less, continuing with the realigned right-of-way line
of said County Road 403 to a point being on a curve to the left having a radius of 2,473.30'
and a central angel of 13° 56' 40";
Thence with said curve and continuing with said south right-of-way line of County Road 403 an
arc distance of 601.95', more or less, and an a chord bearing and distance of S 85° 51' 32" E -
600.46', more or less, to a point for corner;
Thence N 87° 38' 42" E - 831 .40', more or less, continuing with the south right-of-way line of
said County Road 403 to a point for corner marking the northwest corner of Crystal Lake
Subdivision according to the plat thereof filed in Volume 19, Page 543 Brazoria County Plat
Records and the northwest corner Resolution Number R95-73;
Thence S 03° 15' 04" E - 1,541.60', more or less, with the west line of said Resolution R95-
73 to a point for corner;
Thence S 87° 17' 42" W - 844.84', more or less, with the north line of Lot 11 and the south
line of Lot 10 of the Allison Richey Gulf Coast Home Subdivision according to the plat thereof
filed in Volume 2, Page 23 Brazoria County Plat Records and the north line of City of Pearland
Annexation Ordinance Number 756 to a point for corner;
Thence N.03° 11' 28" W - 5.50', more or less, with the east line of said Abstract 506 and the
west line of said Abstract 721 to a point for corner;
Thence S 86° 44' 56" W - 2,194.50', more or less, with the north line of that certain tract
described in a deed dated 01-01-1972 from G. Carrington Weems to George Gilman, Trustee
filed in Volume 1107, Page 860 Brazoria County Deed Records and said Ordinance of 756 to a
point for corner;
Thence S 03° 15' 04" E - 1,678.06', more or less, with the west line of said Abstract 721 and
the east line of Lots 54 - 57 of the Allison Richey Gulf Coast Horne Subdivision Section 85
according to the plat thereof filed in Volume 2, Page 107 Brazoria County Plat Records to a
point for corner marking the southeast corner of said Lot 57;
Thence S 86° 44' 55" W with the south line of said Lot 57 and Lot 47, passing at 1,760.00',
more or less, the centerline of County Road 93, and continuing a total distance of 2,640.00',
more or less, with the south line of Lot 37 to a point for corner marking the southwest corner of
said Lot 37;
Thence S 03° 15' 05" E - 495.00', more or less, with the west line of Lot 38 to a point for
corner marking the southwest corner of said Lot 38;
Thence S 86° 44' 56" W with the south line of Lot 28, passing at 880.00', more or less, the
centerline of a 40' road known as Wooten Road and continuing a total distance of 899.41',
more or less, to the west right-of-way line Wooten Road to a point for corner;
11 42139 1 1v181i dot: 2
'Thence S 03° 19' 48" E - 1,295.54', more or less, with the west line of said Wooten Road to a
point for corner, said point being on the north right-of-way line of State Highway 518;
Thence S 86° 27' 18" W - 860.00', more or less, with the north right-of-way line of State
Highway 518 to a point for corner marking the southwest corner of that certain 8.8679 acre
tract as described by that certain deed as filed in Official Records of Real Property of Brazoria
County at Clerk's File Number 97-009523;
Thence N 03° 19' 47" W - 802.37', more or less, with the most southerly east line of said
Municipal Utility District Number 6 and the west line of Lot 20 to a point for corner;
Thence S 86° 40' 10" W - 861.29', more or less, with the south line of that certain 10.1418
acre tract as described by that certain deed as filed in Official Records of Real Property of
Brazoria County at Clerk's File Number 97-009523 to a point on the east right-of-way line of
County Road 94;
Thence N 03° 15' 04" W - 2,102.18', more or less, with the east right-of-way line of said
County Road 94 to a point for corner;
Thence S 86° 44' 56" W with the most northerly line of said Municipal Utility District Number 6
passing at 40.00', more or less, the west right-of-way line of said County Road 94 and
continuing a total distance of 664.4-4', more or less, to the POINT OF BEGINNING and
containing 624 acres more or less.
This description was prepared using numerous recorded subdivision maps, recorded deeds and
City Ordinances and does not represent an on the ground survey.
Compiled by:
C.L. Davis & Company
Land Surveying
Job Number: 1 1-421-39-1
December 8, 1997
Revised December 1 1 , 1997
11 421 39 1 M&b.A°c
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7-
STATE HIGHWAY NO. 288
0
CITY OF PEARLAND, TEXAS
SERVICE PLAN FOR 624 ACRES OF LAND
EXHIBIT
i
LOCATED SOUTH OF COUNTY ROAD 403 AND BOUNDED ON THE WEST BY THE
CURRENT CITY LIMIT AND BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT
NO. 6, ON THE SOUTH BY THE CURRENT CITY LIMIT, AND ON THE EAST BY
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 5, ENCOMPASSING
APPROXIMATELY 624 ACRES IN BRAZORIA COUNTY TEXAS.
I. INTRODUCTION.
This Service Plan ("Plan") is made by the City of Pearland, Texas ("City") pursuant to Chapter 43 of
the Local Government Code ("the Act"). This Plan relates to the annexation by the City of 624 acres
of land ("Tract") located south of County Road 403 and bounded on the west by the current City
Limit and Brazoria County Municipal Utility District No. 6, on the south by the current City Limit,
and on the east by Brazoria County Municipal Utility District No. 5, encompassing approximately 624
acres in Brazoria County, Texas. The Tract is described by metes and bounds in "Exhibit A" which
is attached to this Plan and to the annexation ordinance of which this Plan is a part.
H. TERM: EFFECTIVE DATE.
This Plan will be in effect for a term often years commencing on the effective date of the annexation
of the Tract. Renewal of this Plan will be at the option of the City. Such option may be exercised
by the adoption of an ordinance by the City Council which refers to this Plan and specifically renews
this Plan for a stated period of time.
HI. SERVICE PROGRAMS.
A. In General. This Plan includes two service programs: (I) the Early Action Program,
described below, and (ii) a Capital Improvement Program described below.
Scope and Quality of Services. Services under this Plan will equal or exceed the
number of services and the level of services in existence in the Tract prior to
annexation. However, it is not the intent of this Plan to require that a uniform level
of services be provided to all areas of the City (including the Tract) where differing
characteristics of topography, land utilization and population density are considered
as sufficient basis for providing differing service levels.
Definitions.
As used in this Plan, providing services includes having services provided by
any method or means by which the City extends municipal services to any
1
other area of the City. This may include causing or allowing private utilities,
governmental entities and other public service organizations to provide such
services, in whole or part.
As used in this Plan, the phrase "standard policies and procedures" means
those policies and procedures of the City applicable to a particular service
which are in effect either at the time that the 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
a petition. They may require that fees or charges be paid, and they may
include eligibility requirements and similar provisions.
D. Early Action Program.
Statutory Services. The statutory services will be provided within the Tract
within the period that meets or exceeds that required by State law. Service
will be provided immediately upon annexation in the case of police, fire
protection and emergency medical service and within sixty days for all other
services. The statutory services are as follows:
a. Police Protection. The Police Department of the City will provide
protection and law enforcement in the Tract. These activities will
include normal patrols and responses, the handling of complaints and
incident reports, and, as appropriate, support by special units of the
Department.
Fire Protection. The Pearland Volunteer Fire Department (VFD) of
the City of Pearland will serve the area in cooperation with VFDs in
the area according to mutually agreed to procedures.
c. Emergency Medical Service. The Pearland Emergency Medical
Service (EMS) will continue to provide emergency medical service to
the Tract under a contract with the City.
Solid Waste Collection. Service will be provided to eligible property
by private contractor, under contract with the City. To be eligible for
City solid waste collection service, property must have frontage on a
public street and place solid waste in containers approved for the
specific type of occupancy.
e. Maintenance of Water and Wastewater Facilities. Existing public
water and wastewater facilities will be maintained by the City.
Maintenance of additional facilities will result from the acquisition or
development of such facilities by the City or dedication of such
2
facilities by other entities to the City. In the event such facilities are
constructed by or dedicated to the City, the Tract will be served
directly by the City using the rates and policies of the City. Capital
recovery charges or impact fees will be assessed at the time of
connection to the City's utility system or upon issuance of building
permits for lots developed within the Tract.
Private water supply companies currently exist in the tract. The
private water supply companies may remain in operation until such
time as the City is authorized to provide water service to such areas
in accordance with State law. To the extent services are not granted
exclusively to a private water supply company, the areas served by a
private water supply company within the Tract will be served directly
by the City using the rates and policies of the City.
f. Maintenance of Road and Streets (including lighting). The
Department of Public Works will provide maintenance of roads,
streets, and traffic control devices over which the City will have
jurisdiction and maintenance of roadside drainage ditches not
maintained by Brazoria Drainage District No. 4.
g•
Maintenance of Parks, Playgrounds and Swimming Pools. Since
there are no such public facilities within the Tract, any future
maintenance of parks, playgrounds and swimming pools will result
from the acquisition and development of such by the City Parks and
Recreation Department. The Parks and Recreation Department will
include the area in its planning for future facilities and its acquisition
program.
h. Maintenance of Any Other Publicly -Owned Facility, Building or
Service. Those drainage facilities associated with City maintained
public streets will be maintained by the Department of Public Works.
Should any other facilities, buildings or services be constructed or
located by the City within the Tract, an appropriate City department
will provide maintenance services for them.
Additional Services. Certain services, in addition to the statutory services,
will be provided within the Tract to the same extent they are provided to
similar territories elsewhere in the City. These are as follows:
a. Library Service will be provided from existing facilities and future
facilities outside the Tract. -As population in this area within the City
of grows, it will be considered for the development of additional
facilities. Residents of the Tract will be eligible for borrowing
3
privileges at City/County libraries on the same basis as current
residents.
b. Health Services will be provided by the Health Department to area
residents and businesses. Health services include City inspection of
restaurants and groceries and Animal Control.
c. Code Enforcement personnel will enforce the City's housing code and
ordinances against junk motor vehicles, high weeds, unsafe buildings,
and illegal dumping of refuse.
Other City services, to the extent applicable to persons or properties
within the Tract, in accordance with standard policies and procedures
will be provided.
E. Capital Improvement Program.
The City will initiate the construction of certain capital improvements necessary for providing
municipal services for the Tract. Those improvements which are necessary are indicated below, and
any necessary construction or acquisition will begin within two years of the effective date of this Plan,
and be substantially complete before four and one half years of the effective date of this plan.
1. Police Protection. Additional capital improvements are not necessary at this time to
provide police protection. However, the Tract will be included with other territory
in connection with planning for new, revised, or expanded public safety facilities.
2. Fire Protection. Additional capital improvements are not necessary at this time to
provide fire protection. However, the Tract will be included with other territory in
connection with planning for new, revised, or expanded public safety facilities.
3. Solid Waste Collection. No capital improvements are necessary at this time to
provide solid waste collection services within the Tract. The Tract will be included
with other territory in connection with planning for new revised or expanded solid
waste facilities.
Water and Wastewater Facilities. Additional capital improvements will be necessary
to provide water and wastewater service to the Tract. The cost of connecting to
available lines will be the responsibility of the Tract owners, as it is within the existing
City utility system. Capital recovery charges or impact fees will be assessed upon
issuance of building permits for lots developed within the Tract.
The City will make wastewater treatment capacity, either in existing wastewater
treatment plants or in wastewater treatment facilities to be built by the City, available
for the Tract. The cost of connecting to available lines will be the responsibility of the
4
Tract owners, as it is within the existing City utility system.
The City will make water available to the Tract from water system extensions or
additions. The cost of connecting to available lines will be the responsibility of the
Tract owners, as it is within the existing City utility system. City ordinances also
provide for the installation of a separate meter for irrigation systems. A customer
with such a meter is billed, but does not pay a City sewer charge on this water use.
Extension of City services, contracting with existing M.U.D.'s and creation of an in -
city M.U.D are all options available to owners of the Tract.
Roads and Streets (including lighting). In general, the City will acquire dominant
control of all roads and jurisdiction in, over and under all roads and streets within the
Tract upon annexation, subject to the jurisdiction of other local governmental entities.
State highways and farm -to -market roads remain the primary responsibility of the
Texas Department of Transportation, for instance. Additional roads, streets or related
facilities are not necessary at this time to serve the Tract. Future extensions or
widening of roads or streets and future installation of related facilities, such as traffic
control devices or street lights will be undertaken by the City as necessary. The Tract
will be included with other territory in connection with planning for new, revised,
widened, or enlarged roads, streets, or related facilities.
Parks, Playgrounds, and Swimming Pools. These services can be provided by using
existing capital improvements. Additional capital improvements are not necessary at
this time to provide such services to the Tract. However, the Tract will be included
with other territory in connection with planning for such facilities.
Other Publicly -Owned Facilities, Buildings or Service; Additional Services. In
general, other City functions and services, and the additional services described above,
can be provided for the Tract by using existing capital improvements. Additional
capital improvements are not necessary to provide City services, but the Tract will be
included with other territory in connection with planning for new, revised, or
expanded facilities, buildings or services.
IV. AMENDMENT: GOVERNING LAW.
This Plan may not be amended or repealed except as provided by the Act or other controlling law.
Neither changes in the methods nor means of implementing any part of the service programs nor
changes in the responsibilities of the various departments of the City will constitute amendments to
this Plan and the City reserves the right to make such changes. This Plan is subject to and will be
interpreted when in accordance with the Act, the Constitution and laws of the federal governments
of the United States of America and the State of Texas, and the orders, rules and regulations of
governmental bodies and officers having jurisdiction.
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V. FORCE MAJEURE.
Should a force majeure interrupt the service described herein, the City will resume services under this
Plan within a reasonable time after the cessation of the force majeure. "Force Majeure," for the
purpose of this Plan will include, but not be limited to, acts of God, acts of the public enemy, war
blockades, insurrection, riots, epidemics, landslides, lightning, earthquakes, fire, storms, floods,
washouts, droughts, tornadoes, hurricanes, arrests and restraints ofgovernment, explosions, collisions
and other inability of the City, whether similar to those enumerated or otherwise, which is not within
the control of the City.
VI. ENTIRE PLAN.
This document contains the entire and integrated Service Plan relating to the Tract, and supersedes
all other negotiations, representations, plans and agreements, whether written or oral.
6
METES AND BOUNDS DESCRIPTION
624 ACRES BEING OUT OF
ABSTRACTS 675, 302, 721, 310, 506
BRAZORIA COUNTY, TEXAS
All that certain 624 acres, more or less, to be annexed into the City of Pearland located in the,
Allison Richey Gulf Coast Home Company Subdivision Section 4 according to the plat thereof
filed in Volume 2, Page 99 Brazoria County Plat Records, T. C. R.R. Survey Abstract 675;
Allison Richey Gulf Coast Home Company Subdivision according to the plat thereof filed in
Volume 2, Page 107 Brazoria County Plat Records, H.T. & B. RR Company Survey Section 85,
Abstract 304; Allison Richey Gulf Coast Home Company Subdivision, Section 20 according to
the plat thereof filed in Volume 2, Page 23 Brazoria County Plat Records, H. T. & B. RR
Company Survey Abstract 506; and out of J.W. Maxey Survey Abstract 721 Brazoria County,
Texas, and being more particularly described by metes and bounds as follows; (Bearings shown
based on east right-of-way line of State Highway 288 to be N 03° 00' 15" E)
Beginning at a point marking the northwest corner of Municipal Utility District Number 6 as
described in that certain deed dated 3-14-1997 as filed in Official Records of Real Property of
Brazoria County at Clerk's File Number 97-009523 and being on the east right-of-way line of
State Highway 288;
Thence N 03° 00' 15" E — 2,121.81', more or less, with the east right-of-way line of said State
Highway 288 and the easterly line of City of Pearland Annexation Ordinance Number 762 to a
point for corner;
Thence N 36° 12' 50" E — 83.67', more or less, continuing with the east right-of-way line of
said State Highway 288 to a point for corner;
Thence N 69° 25' 14" E — continuing with the east right-of-way line of said State Highway 288
passing at 369', more or less, the west right-of-way line of County Road 94 and continuing a
total distance of 409.23', more or less, to a point in the east right-of-way line of County Road
94;
Thence N 03° 29' 36" W — 43.04', more or less, with the east right-of-way line of said County
Road 94 and the west line of that certain Parcel Number 8 dated 12-09-1968 from Clarence V.
Burns, et ux to the State of Texas filed in Volume 1021, Page 803 Brazoria County Deed
Records, to a point for corner;
Thence N 86° 47' 14" E with the south right-of-way line of Hughes Ranch Road (County Road
403) passing at 5,249.59", more or less, the northwest corner of Hickory Place Subdivision
according to the plat thereof filed in Volume 18, Page 333, Brazoria County Plat Records and
continuing a total distance of 6,022.10', more or less, to a point marking the point of curvature
of a curve to the right having a radius of 2,396.46' and a central angle of 14° 27' 40";
Thence with said curve and the south right-of-way line of said County Road 403 as realigned by
those certain deed filed in Volume (84) 35, Page 722 Brazoria County Official Records and
Volume (84) 479, Page 192 Brazoria County Official Records an arc distance of 604.85', more
11.421-39-1 Mrih. doc;
1
or less; and a chord bearing and distance of S 86° 08' 34" E - 603.25', more or less, to a point
fnr corner;
Thence S 76° 38' 14" E - 251 .92', more or less, continuing with the realigned right-of-way line
of said County Road 403 to a point being on a curve to the left having a radius of 2,473.30'
and a central angel of 13° 56' 40";
Thence with said curve and continuing with said south right-of-way line of County Road 403 an
arc distance of 601 .95', more or less, and an a chord bearing and distance of S 85° 51' 32" E -
600.46', more or less, to a point for corner;
Thence N 87° 38' 42" E - 831 .40', more or less, continuing with the south right-of-way line of
said County Road 403 to a point for corner marking the northwest corner of Crystal Lake
Subdivision according to the plat thereof filed in Volume 19, Page 543 Brazoria County Plat
Records and the northwest corner Resolution Number R9543;
Thence S 03° 15' 04" E - 1,541.60', more or less, with the west line of said Resolution R95-
73 to a point for corner;
Thence S 87° 17' 42" W - 844.84', more or less, with the north line of Lot 11 and the south
line of Lot 10 of the Allison Richey Gulf Coast Home Subdivision according to the plat thereof
filed in Volume 2, Page 23 Brazoria County Plat Records and the north line of City of Pearland
Annexation Ordinance Number 756 to a point for corner;
Thence N 03° 11' 28" W - 5.50', more or less, with the east line of said Abstract 506 and the
west line of said Abstract 721 to a point for corner;
Thence S 86° 44' 56" W - 2,194.50', more or less, with the north line of that certain tract
described in a deed dated 01-01-1972 from G. Carrington Weems to George Gilman, Trustee
filed in Volume 1107, Page 860 Brazoria County Deed Records and said Ordinance of 756 to a
point for corner;
Thence S 03° 15' 04" E - 1,678.06', more or less, with the west line of said Abstract 721 and
the east line of Lots 54 - 57 of the Allison Richey Gulf Coast Home Subdivision Section 85
according to the plat thereof filed in Volume 2, Page 107 Brazoria County Plat Records to a
point for corner marking the southeast corner of said Lot 57;
Thence S 86° 44' 55" W with the south line of said Lot 57 and Lot 47, passing at 1,760.00',
more or less, the centerline of County Road 93, and continuing a total distance of 2,640.00',
more or less, with the south line of Lot 37 to a point for corner marking the southwest corner of
said Lot 37;
Thence S 03° 15' 05" E - 495.00', more or less, with the west line of Lot 38 to a point for
corner marking the southwest corner of said Lot 38;
Thence S 86° 44' 56" W with the south line of Lot 28, passing at 880.00', more or less, the
centerline of a 40' road known as Wooten Road and continuing a total distance of 899.41',
more or less, to the west right-of-way line Wooten Road to a point for corner;
11-421-39-1 M&h.d°r. 2
Thence S 03° 19' 48" E - 1,295.54', more or less, with the west line of said Wooten Road to a
point for corner, said point being on the north right-of-way line of State Highway 518;
Thence S 86° 27' 18" W - 860.00', more or less, with the north right-of-way line of State
Highway 518 to a point for corner marking the southwest corner of that certain 8.8679 acre
tract as described by that certain deed as filed in Official Records of Real Property of Brazoria
County at Clerk's File Number 97-009523;
Thence N 03° 19' 47" W - 802.37', more or less, with .the most southerly east line of said
Municipal Utility District Number 6 and the west line of Lot 20 to a point for corner;
Thence S 86° 40' 10" W - 861.29', more or less, with the south line of that certain 10.1418
acre tract as described by that certain deed as filed in Official Records of Real Property of
Brazoria County at Clerk's File Number 97-009523 to a point on the east right-of-way line of
County Road 94;
Thence N 03° 15' 04" W - 2,102.18', more or less, with the east right-of-way line of said
County Road 94 to a point for corner;
Thence S 86° 44' 56" W with the most northerly line of said Municipal Utility District Number 6
passing at 40.00', more or less, the west right-of-way line of said County Road 94 and
continuing a total distance of 664.44', more or less, to the POINT OF BEGINNING and
containing 624 acres more or less.
This description was prepared using numerous recorded subdivision maps, recorded deeds and
City Ordinances and does not represent an on the ground survey.
Compiled by:
C.L. Davis & Company
Land Surveying
Job Number: 11-421-39-1
December 8, 1997
Revised December 1 1 , 1997
11-421-39 1 M&b,doc
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Exhibit "A"
Ordinance No. 836
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Joan Cummings, hereby certify that the notice hereby appended was published
in Brazoria and Harris Counties in the REPORTER NEWS, a newspaper of general
circulation in Brazoria and Harris Counties', for issues, as follows:
No. Date / 2 Z 14 19 97
No. Date 19
No. Date 19
No. Date
No. Date 19
Editor
19
Subscribe and sworn to before me this day of mmeir
9?
19
N •` ar„ ublirv`; StateUUY tieXa .,
oe/ /9:1
Laura Ann Emmons, Publisher
PUBLIC NOTICE
REPORTER NEWS, December 24, 1997
NOTICE OF PUBLIC HEAR-
ING ON ANNEXATION
Notice Is hereby given that a
public hearing will be held by
the City Council of the City of
Pearland, Texas, in the
Council Chambers, City Hall,
3519 Liberty Drive, Peadand,
Texas, at 6:30 P.M. on
January 5, 1998, for the pur-
pose of considering annexa-
tion into the city limits of the
following property:
METES AND BOUNDS
DESCRIPTION
624 ACRES BEING OUT OF
ABSTRACTS 675, 302, 721,
310, 506 BRAZORIA COUN-
TY, TEXAS
AR that certain 624 acres,
more or less, to be annexed
Into the City of Peadand locat-
ed In the, Allison Richey Gulf
Coast- Home Company
Subdivision Section 4 accord-
ing to the plat thereof filed in
Volume 2, Page 99 Brazoria
County Plat Records, T, C.
R.R. Survey Abstract 675;
Allison Richey Gulf Coast
Home Company Subdivision
according to the plat thereof
filed in Volume 2, Page 107
Brazoria County Plat Records,
H.T. & B. RR Company
Survey Section 85, Abstract
304; Allison Richey Gulf
Coast Home Company'.
Subdivision, Section 20
according to the plat thereof
filed In Volume 2, Page 23
Brazorla County Plat Records,
H. T.'& B. RR Company
Survey Abstract 506; and out
of J.W. Maxey Survey
Abstract 721 Brazoria County,
Texas, and being more partic-
ularly described by metes and
bounds as follows; (Bearings
shown based on east right-of-
way line of State Highway 288
to beNO3°00'15'E)
Beginning at a point marking
the northwest corner of
Municipal Utility District
Number 6 as described in that
certain deed dated 3-14-1997
as filed in Official Records of
Real Property of Brazoria
County at Clerk's File Number
97-009523 and being on the
east right-of-way line of Stale
Highway 288,
Thence N 03 ° 00' 15" E -
2,121.81', more or less, with
the east right-of-way line of
said State Highway 288 and
the easterly line of City of
Pearland Annexation
Ordinance Number 762 to a
point for corner,
Thence N 36° 12' 50" E -
83.67', more or less, continu-
ing with the east right-of-way
line of said State Highway 288
to a point for corner;
Thence N69°25'14"E-
continuing with the east right-
of-way line of said State
Highway 288 passing at 369',
more or less, the west right-
of-way line of County Road 94
and continuing a totaldis-
tance of 409.23', more or less,.
to a paint in the east right -of
way line of County Road 94,
Thence N 03 ° 29' 36" W -
43.04', more or less, with the
east right-of-way line of said
County Road 94 and the west
line of that certain Parcel
Number 8 dated 12-09-1968
from Clarence V. Burns, et ux
to the State of Texas filed in
Volume 1021, Page 803
Brazoria County Deed
Records, to a point for corner,
Thence N 86° 47' 14" E with
the south right-of-way line of
Hughes Ranch Road (County
Road 403) passing at
5,249.59", more or less, the
northwest corner of Hickory
Place Subdivision according
to the plat thereof filed in
Volume 18, Page 333,
Brazoria County Plat Records
and continuing a total dis-
tance of 6,022. 10', more or
less,to a point marking the
point of curvature of a curve
to the right having a radius of
2,396.46' and a central angle
of 14° 27' 40';
Thence with said curve and
the south right-of-way line of
said County Road 403 as
realigned by those certain
deed filed in Volume (84) 35,
Page 722 Brazoria County
Official Records and Volume
(84) 479, Page 192 Brazoria
County Official Records an
arc distance of 604.85', more
or less, and a chord bearing
and distance of S 86° 08' 34"
E - 603.25', more or less, to a
point for corner;
Thence S 76° 38' 14" E -
251.92', more or less, continu-
ing with the realigned right-of-
way line of said County Road
403 to a point being on a
curve to the left having a
radius of 2,473.30'and -a cen-
tral angel of 13° 56' 40";
Thence with said curve and
continuing with said south
right-of-way line of County
Road 403 an arc distance of
601.95', more or less, and an
a chord bearing and distance
of S 85° 51 ' 32" E 600.46',
more or less, to a point for
corner;
Thence N 87° 38' 42" E
831.40', more or less, continu-
ing with the south right-of-way
line of said County Road 403
to a point for corner marking
the northwest corner of
Crystal' Lake Subdivision
according to the plat thereof
filed In Volume 19, Page 543
Brazoda County Plat Records
and the northwest corner
Resolution Number R95.73;
Thence S03° 15'04'E-
1,541,60', more or less, with
the west line of said
Resolution R95-73 to a point
for corner;
Thence S 87° 17' 42" W -
844.84', more or less, with the
north. Ilrie of Lot 11 and the
south line of Lot 10 of the
. Allison Richey Gulf Coast
Home Subdivision according
to the plat thereof filed In
Volume 2, Page 23 Brazoria
County Plat Records and the
north line of City of Peadand
Annexation Ordinance
Number 756 to a point for cor-
ner;
Thence N 03° 11 ' 28" W -
5.50', more or less, with the
east line of said Abstract 506
and the west line of said
Abstract 721 to a point for cor-
ner;
Thence S 86° 44' 56" W -
2,194.50'\, more or less, with
the north line of that certain
tract described in a deed
dated 01-01-1972 from G.
Carrington Weems to George
Gilman, Trustee filed In
Volume 1 107, Page 860
Brazoria County Deed
Records and said Ordinance
of 756 to a point for corner;
Thence S 03° 15' 04" E -
1,678.06', more or less, with
the west line of said Abstract
721 and the east line of Lots
54-57 of the Allison Richey
Gulf Coast Home Subdivision
Section 85 according to the
plat thereof filed in Volume 2,
Page 107 Brazoria County
Plat Records to a point for
corner marking the southeast
corner of said Lot 57,
Thence S 86° 44' 55" W with
the south line of said Lot 57
and Lot 47, passing at
1,760.00', more or less, the
centerline of County Road 93,
and continuing a total dis-
tance of 2,640.00', more or
less, with the south line of Lot
37 to a point for corner mark-
ing the southwest corner of
said Lot 37;
Thence S03° 15'05"E-
495.00'; more or less, with the
west line of Lot 38 to a point
for corner marking the -south-
west corner of said Lot 38;
Thence S 86° 44' 56" W with
the south line of Lot 28, pass-
ing at880.00', more or less,
the centerline of a 40' road
known as Wooten Road and
continuing a total distance of
899.41', more or less, to the
west right-of-way line Wooten
Road to a point for corner;
Thence S 03 ° 19' 48" E 11*
-
1,295,54', more or less, with
the west line of said Woolen
Road to a point for corner, e
said point being on the north
right-of-way line of State
Highway 518;
Thence S 86° 27' 18" W -a
860,00', more or less, with the
north right-of-way line of State
Highway 518 to a point for
corner marking the southwest
corner of that certain 8.8679
acre tract as described by that
certain deed as filed in Official
Records. of Real Property of
Brazoria County at Clerk's File
Number 97-009523;
Thence NO3°19'47'W
802,37', more or less, with th
most southerly east line of 1
said Municipal Utility District
Number 6 and the west line of
Lot 20 to a point for corner;
Thence S 86° 40' 10" W -
861.29', more or less, with the
south line of that certain
10.1418 acre tract as
described by that certain deed
as filed in Official Records of
Real Property of Brazoria
County at Clerk's File Number
97-009523 to a point on the
east right-of-way line of
County Road 94;
Thence N 03 °-15'04" W -
2,102.18', more or less, with
the east right-of-way line of
said County Road 94 to a
point for corner,
Thence S 86° 44' 56" W with
the most northerly line of said
Municipal Utility District
Number 6 passing at 40.00',
more or less, the west right-
of-way line of said County ,
Road 94 and continuing a',
total distance of 664.44', more
or less, to the POINT OF,'
BEGINNING and containing
624 acres more or less.
This description was pre- 1
pared using numerous
recorded subdivision maps,
recorded deeds and. City
Ordinances and does not
represent an on the ground
survey.
AIL interested citizens and
property owners are hereby
notified of their right to appear
and be heard on the matter.
/sfYoung Lolling
City Secretary
This slte is accessible to dis-
abled individuals. For special
assistance, such as the need
for deaf interpreters or braille
materials, please call Young
Lolling at 485-2411, ext. 341,
prior to the meeting so that
appropriate arrangements can
be made.
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Joan Cummings, hereby certify that the notice hereby appended was published
in Brazoria and Harris Counties in the REPORTER NEWS, a newspaper of general
circulation in Brazoria and Harris Counties, for / issues, as follows:
No. / Date %"% 19 IT
No. Date 19
No. Date 19
No. Date
No. Date
19
19
Editor
Subscribe and sworn to before me this Z day of ria
19 q4
Not;
AURA A. E.M
is wen. ,:,> r Einc,
tic, bta: ;e;;gf)jexas
79
Laura Ann Emmons, Publisher
O
.440
Thence N-63° ob' 15" E1=
2,121 81' [ orer or leas wit-h
. the easl`right bf way line b(
' s-aid State Highway 288 and
the easter y Ilne of Cily
Pearland -; Annex
Ordinance"Number 76 oa
poll for co ner,
Thence N 36° 0" E -
83 67, mo e ss, continu
° 't 'ing with the 4sOnght-of-way
Notice is herebygiven that a-{ dlne.of said avHighway 288
public hea0ng :will be held,byl to a point f Co - et::
the;City Council of the City of
Pearland; Texas=in'the' Tbence'N69 4
Council Chambers, City Hall', timing with;the ea tjg t-of-
3510 Liberty Drive Pearland, way line Hof, said
Texas, at 8:30 P M ant- Highway 288,passing at'369',
January 19, 1998, for the pdf-': more or less the west rlght-
pose of considering aM x of -way line of County Roaa94
ton into the city llimjts (ie and Continuinga total:dis
li;following prop !aria of 409 23 more or lass,
` to a point lathe east n•ghtbf
METEBA BOUNDS waylmeof ,ountyRoad94
DESC IP
6241A BEING OUT OF 1 ThenceN 03 29 36 W '
:a CTS 675 302,721 -.; 4304' more or less with the
,east7ight•ot way line
County, Road 94 and the
line siCifiel certain
Al that tertaln,624 acres.) Number a dated 12 = 968r
BR
IA COUNTY TE
more or`less, to be annexed, from Olarenoe V : ,-et ux
mto,the°CityOfPearlandlobet=, tottie.State_of eke flied in.
ed'in the, Allison Richey Gulf Volume t02t; a`P"aoe 803
'Co'ast 'Home Company, Brazoria Co My
Subdivision Section 4 accord Reca its to a peen fpr=comaa�
REPORTER'' NEWS,, January 7,:1998
25192?tmore or
ing with the reali ` =of
wayi f akl't ounty Road;
403` p Int being on a
x.91. � -to the left havinga
`tllus of 2,473,30' and a.cen-
tral angel of 131 its d0",
Thence With said clnve and
continuing with said south
right -Of -way line of County.
Road 403 an arc distance of1
601.96; more o$ lesa`and ant
a chordbeanng'and d nce
Foh_S
comer,
Thence N 87° 38' 42' E -
83140, more or less,.continu-
n9 with the soul - ght-of-way
Ins of said County Road 403
,to a point for copier marking
the `northwest cornerjj
Crystal Lake Sbbdiv
according to the ICY
bled inyolu Pa e 543'
�Brazot: ,-la Records{
an' t/fit thwest comet'.
la =f1 nNumberR9573
1 541,60' more or less with 5
the west line (ecse1dP
Resolubon_R95fl3si'ota! '
ing" to the plat thereof filed 0
Volume 2, Page`99 Brazoria, Thence N es° 47'
:iCounty Plat Records T 0:= ,the south-right-of-way.line oft
. R.R, Survey -_Abstract 675;.` Hugh'es;Rench Road (County:,
A,Ilison Richey Gulf Coast-._ 06ad'''403) passing - at
Home Company Subdivision: 51249 59 ,;more or less,the
according to the plat thereof: horthwe'st'corner of Hlcknr
t r
filed In Volume 2 Page 10 piace-Subdwision ace`o'r
BrazonaCountyPlatReco-s, io thep tat thereof fill-d'i
F il
H.T, &-B. RR Com any. Volume 16,- .Pag
Survey Section-85, e$tract` Brazoria County PlattRecords
304. Allison hey Gulf arld continuing „otal dis
Coast FI ft6 Company- tanceof8092 'ymoJeot
Subdivlei Section 2
less, to apoi tr,Barking ilia
according "to f eTpla'th fit" point of cury t Keirgt a curve
filed in Volume 2, Page 23- to the right [tg a radius of
oun Brazoria Cy Plat Records,- 2,396.46' a6-:0 /centrai ga
H, T & B.RR Company of14"2T0�
Survey Abstract 508;and out
of J.W , Maxey Survey Thence with said curve ands
Abstraoi 721 B azode Count _" the south,hghtof-way line o f
Texas, and being more pa ij"c said County Road 403 a1s,f
ularly described by pet,$s an0 roaligned-by those oertatft
boon C4
sho a w,ry l :right* eg Y
way OILS a Highway 288-
to b% Y :00 16" E)
'Official Records and Volume
Begin trig at a point marking
thhe worthwesl corner of (84) 479 Page 192 Braiona
Mun drat Ulllity District C Otllr1leoord"span
ds as Coro. sti(Be 'rings - deed filed in Volume (84) 5
wn bas '5&e ri h "af P e 722'Brazoria Co t'
gar Istad e '80te mope
oreea and'a c
Number 13`'asgnbed In that fiord bearing
certain deed dated 3°'14,t0, ,- and distance of S 88" 08, 34"
as bled in Official Records off
erica S 87° 17 42' WWI
844,84`, more or less,, wllb3
south tine oft L� '9' rthe
bi— r#y Gulf Coast',
fidivision accordipg i
plat thereof filed in
plume 2, Page 23-Brazoria,:
County Plat Records and they
nori6Jine of City of Pearland `
Annexation Ordinance.:
Number 756 to a point for cor•.:
ner, ,
'Thence N 03°.11' 28 W -
5 50', `-more` or lese,`with the _,
east line of said Abstract 506
and the west line of said'!
Abstract 721 to a point for cor-
ner- ,
ThenceS86°44'56'W-`
2,194,50' dire orlless, with
thenoflS a of that:certain
tract t bed In a deed '
,iadater 01 - 1972 from G.
Ca y,g n Weems to George
pi rt.011, Trustee filed In
p, M8 1107, Page 860
w Etrazora County_ Deed
Records and said Ordinance
> of756toapointfor center ',
Real Properly-af Brazoria 60425', more orless, to a : - - -
Couolyat Cler`,k's,FileNumbe'r. pointforeorner-
97"-009523 and• being on they:
east nght'-of-Way Ilse of State";;"
Hlahwav2"88, o';s-- r- _ -
1 678 06 more or less, with
the weet.11iie'of said Abstract
- 721 and the.easlline of Lots
54 - 57 of the Allison -Richey
Gulf Coast Home Subdivision
Section 85:aocording'to;the
plat thereoffiled In Volurge_2
Page 107�Brezoria County
fat Records to a poikf for,
co a fig the southeast
' cornerof 57
Thence.S 86 , ra 5" W with
the south line , id Lot$7 „
andT-Lot�: assingat'
1,760,00' re orless,-the
cents ' o ounty Road93,"`
an apt Bing a,total dis-
a of 2„640.00', moreor
essiNdh the south line of Lot ,
7 to a' point for corner mark
ing the southwest comet'51
Said Lot 37
Thence S 03 16 06
495 00', more or less with the 1
west tine of.,Lot 38 to a pint
for'cornmark er ing the South
' omer of said Lot 38'":
S 86 44 56 W Sith ;
' the ?t in line of Lot 26 pass -;
880.00','more'or less;'^
centerline of a 40-`` road
own as Wooten Road and
continuing a total distance'of
89941', more orless, to the
west.pght=of-way°line Wooten
;"Road•to a point for comer _^",
r s,:
Thence S-00°
1 295,54', more orless, with
ttlie',:iipSif line of said Wooten•
Road' lb a point for comer,
said point being on the north
Slit -of -way line`of State
hway 518;
henceS86 27'18'W-
(e,860 00 more or less, with the
' a/nodh fight -of -way line of State
ti Highway 818 to a point -for
r comer mark' g the southwest
c��,,iRereff•t a e in 8,8679
`"'°"C're tract as dejggnbed by'that
certain deed astlbd in Official
Records of R 1tProperty of
Brazoria Coun , t,Clerk'sFlle
Number97-' t9623;
Thence N Owj411 pi 471-W •
802,37, Moro/less, with the
most southeriyleast Ilne;of
said Munibi„ UtiluyDj'9trict
Number 6-and- betworiline of
Lot 20 to a point for comer
Thence S 86° 40' 10" W. -
861,29, more orless, with the
10,1418 acre=ttract has -_-,,
$scdb9d kylhatcertain deed =
ftth e' in OHicfal=Records of ,
Rea P arty of Brazoria
County t e erk's',File Number
97=-0:GO io a, point on the "
=east t-of-way line ct .
Co tt cad 94
Thence N' 03 1"5' 04 W
2,102,18, more or less, with
the east right-of•way Ime of 1
said County Road 94 to a • '
point for comer >
Thpnce S 66 44':56 W with •
the most nodheiyline of said
Municipal ,Utility District
Number 6 passing at 4000',
more or less, the west right-
of-way one of paid County
Road 94 and Otintinaini a
total distance'of 664 44, more '
less, to the POINT OF
I and;contalmng :.
BCN t We8 pre
Umerous �
redorde ivialon maps,
rec e`eds and City
es and -does not
sent an on!the ground
This de
pared us ri
Alt interested citizens and
property owners are hereby.
notified of their right to appear
and be heard on the matter.
is/Young Lolling
City Secretary
f4'Thi ire "e ssible to dis-
, abled inn".. -For special 3
assi eec `as the need
f°Aldeaayinterprefers `orbraille
materials, please. call Young
Leingat485-2411 ext.341,
prier to the meeting so"that
appropriate arrangements can
be made,
CITY OF PEARLAND, TEXAS
SERVICE PLAN FOR 624 ACRES OF LAND
LOCATED SOUTH OF COUNTY ROAD 403 AND BOUNDED ON THE WEST BY THE
CURRENT CITY LIMIT AND BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT
NO. 6, ON THE SOUTH BY THE CURRENT CITY LIMIT, AND ON THE EAST BY
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 5, ENCOMPASSING
APPROXIMATELY 624 ACRES IN BRAZORIA COUNTY TEXAS.
I. INTRODUCTION.
This Service Plan ("Plan") is made by the City of Pearland, Texas ("City") pursuant to Chapter 43 of
the Local Government Code ("the Act"). This Plan relates to the annexation by the City of 624 acres
of land ("Tract") located south of County Road 403 and bounded on the west by the current City
Limit and Brazoria County Municipal Utility District No. 6, on the south by the current City Limit,
and on the east by Brazoria County Municipal Utility District No. 5, encompassing approximately 624
acres in Brazoria County, Texas. The Tract is described by metes and bounds in "Exhibit A" which
is attached to this Plan and to the annexation ordinance of which this Plan is a part.
H. TERM: EFFECTIVE DATE.
This Plan will be in effect for a term of ten years commencing on the effective date of the annexation
of the Tract. Renewal of this Plan will be at the option of the City. Such option may be exercised
by the adoption of an ordinance by the City Council which refers to this Plan and specifically renews
this Plan for a stated period of time.
HI. SERVICE PROGRAMS.
A. In General. This Plan includes two service programs: (I) the Early Action Program,
described below, and (ii) a Capital Improvement Program described below.
B. Scope and Quality of Services. Services under this Plan will equal or exceed the
number of services and the level of services in existence in the Tract prior to
annexation. However, it is not the intent of this Plan to require that a uniform level
of services be provided to all areas of the City (including the Tract) where differing
characteristics of topography, land utilization and population density are considered
as sufficient basis for providing differing service levels,
C. Definitions.
As used in this Plan, providing services includes having services provided by
any method or means by which the City extends municipal services to any
1
other area of the City. This may include causing or allowing private utilities,
governmental entities and other public service organizations to provide such
services, in whole or part.
As used in this Plan, the phrase "standard policies and procedures" means
those policies and procedures of the City applicable to a particular service
which are in effect either at the time that the 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
a petition. They may require that fees or charges be paid, and they may
include eligibility requirements and similar provisions.
Early Action Program.
Statutory Services. The statutory services will be provided within the Tract
within the period that meets or exceeds that required by State law. Service
will be provided immediately upon annexation in the case of police, fire
protection and emergency medical service and within sixty days for all other
services. The statutory services are as follows:
a. Police Protection, The Police Department of the City will provide
protection and law enforcement in the Tract. These activities will
include normal patrols and responses, the handling of complaints and
incident reports, and, as appropriate, support by special units of the
Department.
Fire Protection. The Pearland Volunteer Fire Department (VFD) of
the City of Pearland will serve the area in cooperation with VFDs in
the area according to mutually agreed to procedures.
c. Emergency Medical Service. The Pearland Emergency Medical
Service (EMS) will continue to provide emergency medical service to
the Tract under a contract with the City.
Solid Waste Collection, Service will be provided to eligible property
by private contractor, under contract with the City. To be eligible for
City solid waste collection service, property must have frontage on a
public street and place solid waste in containers approved for the
specific type of occupancy.
e. Maintenance of Water and Wastewater Facilities. Existing public
water and wastewater facilities will be maintained by the City.
Maintenance of additional facilities will result from the acquisition or
development of such facilities by the City or dedication of such
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g.
facilities by other entities to the City. In the event such facilities are
constructed by or dedicated to the City, the Tract will be served
directly by the City using the rates and policies of the City. Capital
recovery charges or impact fees will be assessed at the time of
connection to the City's utility system or upon issuance of building
permits for lots developed within the Tract.
Private water supply companies currently exist in the tract. The
private water supply companies may remain in operation until such
time as the City is authorized to provide water service to such areas
in accordance with State law. To the extent services are not granted
exclusively to a private water supply company, the areas served by a
private water supply company within the Tract will be served directly
by the City using the rates and policies of the City.
Maintenance of Road and Streets (including lighting). The
Department of Public Works will provide maintenance of roads,
streets, and traffic control devices over which the City will have
jurisdiction and maintenance of roadside drainage ditches not
maintained by Brazoria Drainage District No. 4.
Maintenance of Parks, Playgrounds and Swimming Pools. Since
there are no such public facilities within the Tract, any future
maintenance of parks, playgrounds and swimming pools will result
from the acquisition and development of such by the City Parks and
Recreation Department. The Parks and Recreation Department will
include the area in its planning for future facilities and its acquisition
program.
Maintenance of Any Other Publicly -Owned Facility, Building or
Service. Those drainage facilities associated with City maintained
public streets will be maintained by the Department of Public Works.
Should any other facilities, buildings or services be constructed or
located by the City within the Tract, an appropriate City department
will provide maintenance services for them.
Additional Services. Certain services, in addition to the statutory services,
will be provided within the Tract to the same extent they are provided to
similar territories elsewhere in the City. These are as follows:
a. Library Service will be provided from existing facilities and future
facilities outside the Tract. As population in this area within the City
of grows, it will be considered for the development of additional
facilities. Residents of the Tract will be eligible for borrowing
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privileges at City/County libraries on the same basis as current
residents.
Health Services will be provided by the Health Department to area
residents and businesses. Health services include City inspection of
restaurants and groceries and Animal Control.
c. Code Enforcement personnel will enforce the City's housing code and
ordinances against junk motor vehicles, high weeds, unsafe buildings,
and illegal dumping of refuse.
Other City services, to the extent applicable to persons or properties
within the Tract, in accordance with standard policies and procedures
will be provided,
E. Capital Improvement Program.
The City will initiate the construction of certain capital improvements necessary for providing
municipal services for the Tract. Those improvements which are necessary are indicated below, and
any necessary construction or acquisition will begin within two years of the effective date of this Plan,
and be substantially complete before four and one half years of the effective date of this plan.
1. Police Protection. Additional capital improvements are not necessary at this time to
provide police protection. However, the Tract will be included with other territory
in connection with planning for new, revised, or expanded public safety facilities,
2. Fire Protection. Additional capital improvements are not necessary at this time to
provide fire protection. However, the Tract will be included with other territory in
connection with planning for new, revised, or expanded public safety facilities.
3. Solid Waste Collection. No capital improvements are necessary at this time to
provide solid waste collection services within the Tract. The Tract will be included
with other territory in connection with planning for new revised or expanded solid
waste facilities.
Water and Wastewater Facilities. Additional capital improvements will be necessary
to provide water and wastewater service to the Tract. The cost of connecting to
available lines will be the responsibility of the Tract owners, as it is within the existing
City utility system. Capital recovery charges or impact fees will be assessed upon
issuance of building permits for lots developed within the Tract.
The City will make wastewater treatment capacity, either in existing wastewater
treatment plants or in wastewater treatment facilities to be built by the City, available
for the Tract. The cost of connecting to available lines will be the responsibility of the
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Tract owners, as it is within the existing City utility system.
The City will make water available to the Tract from water system extensions or
additions. The cost of connecting to available lines will be the responsibility of the
Tract owners, as it is within the existing City utility system. City ordinances also
provide for the installation of a separate meter for irrigation systems. A customer
with such a meter is billed, but does not pay a City sewer charge on this water use.
Extension of City services, contracting with existing M.U.D.'s and creation of an in -
city M.U.D are all options available to owners of the Tract.
Roads and Streets (including lighting). In general, the City will acquire dominant
control of all roads and jurisdiction in, over and under all roads and streets within the
Tract upon annexation, subject to the jurisdiction of other local governmental entities.
State highways and farm -to -market roads remain the primary responsibility of the
Texas Department of Transportation, for instance. Additional roads, streets or related
facilities are not necessary at this time to serve the Tract. Future extensions or
widening of roads or streets and future installation of related facilities, such as traffic
control devices or street lights will be undertaken by the City as necessary. The Tract
will be included with other territory in connection with planning for new, revised,
widened, or enlarged roads, streets, or related facilities.
Parks, Playgrounds, and Swimming Pools, These services can be provided by using
existing capital improvements. Additional capital improvements are not necessary at
this time to provide such services to the Tract. However, the Tract will be included
with other territory in connection with planning for such facilities.
Other Publicly -Owned Facilities, Buildings or Service; Additional Services. In
general, other City functions and services, and the additional services described above,
can be provided for the Tract by using existing capital improvements. Additional
capital improvements are not necessary to provide City services, but the Tract will be
included with other territory in connection with planning for new, revised, or
expanded facilities, buildings or services.
IV. AMENDMENT: GOVERNING LAW.
This Plan may not be amended or repealed except as provided by the Act or other controlling law.
Neither changes in the methods nor means of implementing any part of the service programs nor
changes in the responsibilities of the various departments of the City will constitute amendments to
this Plan and the City reserves the right to make such changes. This Plan is subject to and will be
interpreted when in accordance with the Act, the Constitution and laws of the federal governments
of the United States of America and the State of Texas, and the orders, rules and regulations of
governmental bodies and officers having jurisdiction.
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V. FORCE MAJEURE.
Should a force maj eure interrupt the service described herein, the City will resume services under this
Plan within a reasonable time after the cessation of the force majeure. "Force Majeure," for the
purpose of this Plan will include, but not be limited to, acts of God, acts of the public enemy, war
blockades, insurrection, riots, epidemics, landslides, lightning, earthquakes, fire, storms, floods,
washouts, droughts, tornadoes, hurricanes, arrests and restraints of government, explosions, collisions
and other inability of the City, whether similar to those enumerated or otherwise, which is not within
the control of the City.
VI. ENTIRE PLAN.
This document contains the entire and integrated Service Plan relating to the Tract, and supersedes
all other negotiations, representations, plans and agreements, whether written or oral.
6
EXHIBIT "A"
METES AND BOUNDS DESCRIPTION
624 ACRES BEING OUT OF
ABSTRACTS 675, 302, 721, 310, 506
BRAZORIA COUNTY, TEXAS
All that certain 624 acres, more .or less, to be annexed into the City of Pearland located in the,
Allison Richey Gulf Coast Home Company Subdivision Section 4 according to the plat thereof
filed in Volume 2, Page 99 Brazoria County Plat Records, T. C. R.R. Survey Abstract 675;
Allison Richey Gulf Coast Home Company Subdivision according to the plat thereof filed in
Volume 2, Page 107 Brazoria County Plat Records, H.T. & B. RR Company Survey Section 85,
Abstract 304; Allison Richey Gulf Coast Home Company Subdivision, Section 20 according to
the plat thereof filed in Volume 2, Page 23 Brazoria County Plat Records, H. T. & B. RR
Company Survey Abstract 506; and out of J.W. Maxey Survey Abstract 721 Brazoria County,
Texas, and being more particularly described by metes and bounds as follows; (Bearings shown
based on east right-of-way line of State Highway 288 to be N 03° 00' 15" E)
Beginning at a point marking the northwest corner of Municipal Utility District Number 6 as
described in that certain deed dated 3-14-1997 as filed in Official Records of Real Property of
Brazoria County at Clerk's File Number 97-009523 and being on the east right-of-way line of
State Highway 288;
Thence N 03° 00' 15" E — 2,121.81', more or less, with the east right-of-way line of said State
Highway 288 and the easterly line of City of Pearland Annexation Ordinance Number 762 to a
point for corner;
Thence N 36° 12' 50" E — 83.67', more or less, continuing with the east right-of-way line of
said State Highway 288 to a point for corner;
Thence N 69° 25' 14" E — continuing with the east right-of-way line of said State Highway 288
passing at 369', more or less, the west right-of-way line of County Road 94 and continuing a
total distance of 409.23', more or less, to a point in the east right-of-way line of County Road
94;
Thence N 03° 29' 36" W — 43.04', more or less, with the east right-of-way line of said County
Road 94 and the west line of that certain Parcel Number 8 dated 12-09-1968 from Clarence V.
Burns, et ux to the State of Texas filed in Volume 1021, Page 803 Brazoria County Deed
Records, to a point for corner;
Thence N 86° 47' 14" E with the south right-of-way line of Hughes Ranch Road (County Road
403) passing at 5,249.59", more or less, the northwest corner of Hickory Place Subdivision
according to the plat thereof filed in Volume 18, Page 333, Brazoria County Plat Records and
continuing a total distance of 6,022.10', more or less, to a point marking the point of curvature
of a curve to the right having a radius of 2,396.46' and a central angle of 14° 27' 40";
Thence with said curve and the south right-of-way line of said County Road 403 as realigned by
those certain deed filed in Volume (84) 35, Page 722 Brazoria County Official Records and
Volume (84) 479, Page 192 Brazoria County Official Records an arc distance of 604.85', more
11-421-39-1 M&h.d°c
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or less, and a chord bearing and distance of S 86° 08' 34" E — 603.25', more or less, to a point
for corner;
Thence S 76° 38' 14" E — 251.92', more or less, continuing with the realigned right-of-way line
of said County Road 403 to a point being on a curve to the left having a radius of 2,473.30'
and a central angel of 13° 56' 40";
Thence with said curve and continuing with said south right-of-way line of County Road 403 an
arc distance of 601 .95', more or less, and an a chord bearing and distance of S 85° 51' 32" E —
600.46', more or less, to a point for corner;
Thence N 87° 38' 42" E — 831 .40', more or less, continuing with the south right-of-way line of
said County Road 403 to a point for corner marking the northwest corner of Crystal Lake
Subdivision according to the plat thereof filed in Volume 19, Page 543 Brazoria County Plat
Records and the northwest corner Resolution Number R95-73;
Thence S 03° 15' 04" E — 1,541.60', more or less, with the west line of said Resolution R95-
73 to a point for corner;
Thence S 87° 17' 42" W — 844.84', more or less, with the north line of Lot 11 and the south
line of Lot 10 of the Allison Richey Gulf Coast Home Subdivision according to the plat thereof
filed in Volume 2, Page 23 Brazoria County Plat Records and the north line of City of Pearland
Annexation Ordinance Number 756 to a point for corner;
Thence N 03° 11' 28" W — 5.50', more or less, with the east line of said Abstract 506 and the
west line of said Abstract 721 to a point for corner;
Thence S 86° 44' 56" W — 2,194.50', more or less, with the north line of that certain tract
described in a deed dated 01-01-1972 from G. Carrington Weems to George Gilman, Trustee
filed in Volume 1107, Page 860 Brazoria County Deed Records and said Ordinance of 756 to a
point for corner;
Thence S 03° 15' 04" E — 1,678.06', more or less, with the west line of said Abstract 721 and
the east line of Lots 54 — 57 of the Allison Richey Gulf Coast Home Subdivision Section 85
according to the plat thereof filed in Volume 2, Page 107 Brazoria County Plat Records to a
point for corner marking the southeast corner of said Lot 57;
Thence S 86° 44' 55" W with the south line of said Lot 57 and Lot 47, passing at 1,760.00',
more or less, the centerline of County Road 93, and continuing a total distance of 2,640.00',
more or less, with the south line of Lot 37 to a point for corner marking the southwest corner of
said Lot 37;
Thence S 03° 15' 05" E — 495.00', more or less, with the west line of Lot 38 to a point for
corner marking the southwest corner of said Lot 38;
Thence S 86° 44' 56" W with the south line of Lot 28, passing at 880.00', more or less, the
centerline of a 40' road known as Wooten Road and continuing a total distance of 899.41',
more or less, to the west right-of-way line Wooten Road to a point for corner;
11-421-39-1 M&h.doc
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Thence S 03° 19' 48" E — 1,295.54', more or less, with the west line of said Wooten Road to a
point for corner, said point being on the north right-of-way line of State Highway 518;
Thence S 86° 27' 18" W — 860.00', more or less, with the north right-of-way line of State
Highway 518 to a point for corner marking the southwest corner of that certain 8.8679 acre
tract as described by that certain deed as filed in Official Records of Real Property of Brazoria
County at Clerk's File Number 97-009523;
Thence N 03° 19' 47" W — 802.37', more or less, with the most southerly east line of said
Municipal Utility District Number 6 and the west line of Lot 20 to a point for corner;
Thence S 86° 40' 10" W — 861 .29', more or less, with the south line of that certain 10.1418
acre tract as described by that certain deed as filed in Official Records of Real Property of
Brazoria County at Clerk's File Number 97-009523 to a point on the east right-of-way line of
County Road 94;
Thence N 03° 15' 04" W — 2,102.18', more or less, with the east right-of-way line of said
County Road 94 to a point for corner;
Thence S 86° 44' 56" W with the most northerly line of said Municipal Utility District Number 6
passing at 40.00', more or less, the west right-of-way line of said County Road 94 and
continuing a total distance of 664.44', more or less, to the POINT OF BEGINNING and
containing 624 acres more or less.
This description was prepared using numerous recorded subdivision maps, recorded deeds and
City Ordinances and does not represent an on the ground survey.
Compiled by:
C.L. Davis & Company
Land Surveying
Job Number: 11-421-39-1
December 8, 1997
Revised December 11, 1997
11-421-39-1 M&b.doc
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