Ord. 1124 08-25-03ORDINANCE NO. 1124
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY
MUNICIPAL UTILITY DISTRICT NO. 28 OF 151.7705 ACRES OF LAND.
WHEREAS, Brazoria County Municipal Utility District No. 28 ("District") is located
within the corporate limits of the City of Pearland, Texas ("City"); and
WHEREAS, the City consented to the creation of the District by Ordinance No. 1055
dated March 11, 2002; and
WHEREAS, Section 54.016, V.T.C.A., Water Code, as amended, provides that no
land within the corporate limits of a city or within the extraterritorial jurisdiction of a city,
shall be included within a municipal utility district unless such city grants its written consent,
by resolution or ordinance, to the inclusion of the land within the district; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. All of the matters and facts set forth in the preamble hereof are true
and correct.
Section 2. The "Petition for Consent to Include Additional Land in the City of
Pearland and in Brazoria County Municipal Utility District No. 28" (the "Petition") is attached
hereto as Exhibit "A" and made a part hereof for all purposes.
Section 3. The City Council of the City of Pearland, Texas, hereby specifically
gives its written consent to the annexation of the 151.7705 acres described in the Petition
and the exhibits attached hereto, into the District conditioned upon the terms set forth in
Ordinance No. 1055 and Chapter 30, Article IV, Water and Sewer Districts, of the City of
Pearland Code of Ordinances.
1
ORDINANCE NO. 1124
Section 4. This Ordinance shall take effect immediately from and after its
passage in accordance with the provisions of the Charter of the City of Pearland and it is
accordingly so resolved.
PASSED and APPROVED on FIRST READING this the filth day of
August , A. D., 2003.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
D RRIN M. COKER
CITY ATTORNEY
PASSED and APPROVED ON SECOND AND FINAL READING this the 25th day of
August , A. D., 2003.
TOM REID
MAYOR
2
ORDINANCE NO. 1124
APPROVED AS TO FORM:
(L - PI
DARRIN M. COKER
CITY ATTORNEY
3
PETITION FOR CONSENT TO ANNEX LAND INTO
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28
THE STATE OF TEXAS
COUNTY OF BRAZORIA §
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
The undersigned, duly elected officer of Brazoria County Municipal Utility District No. 28 (the
"District"), and Sowell Interests -Bailey, L.P. (the "Petitioner"), acting pursuant to the provisions of
Chapter 49, Texas Water Code, particularly Sections 49.301(a)-49.301(f), respectfully petition the City
Council of the City of Pearland, Texas, for its written consent to the annexation by the District of the tract
of land described by metes and bounds in Exhibit "A" (the "Land"). In support of this petition, the
undersigned would show the following:
The District was created by the Texas Commission on Environmental Quality on February 27,
2003, and is governed by the provisions of Chapters 49 and 54, Texas Water Code, as amended.
II.
The Petitioner holds fee simple title to the Land sought to be annexed to the District, as indicated
by a recorded deed.
The Land is situated wholly within Brazoria County, Texas. No part of the Land is within the
limits of any incorporated city, town or village, and no part of the Land is within the corporate boundaries
(as such term is defined in Texas Local Government Code Section 42.001 et seq., as amended) of any
city, town or village, except the City of Pearland, Texas. All of the territory proposed to be annexed may
properly be annexed into the District.
IV.
The Land is described by metes and bounds in Exhibit "A," which is attached hereto and
incorporated herein for all purposes.
V.
The general nature of the work to be done in the area sought to be annexed into the District is the
construction, acquisition, maintenance and operation of a waterworks and sanitary sewer system and a
drainage and storm sewer system.
VI.
There is, for the following reasons, a necessity for the above -described work. The Land proposed
to be annexed into the District, which will be developed for residential and/or commercial purposes, is
RECEWED
68
JUL 3 1 2003
SOWELL & COMPANY Y
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 certifies that the only lienholders on the Land are Read Partners, L.P., a Texas
limited partnership, and Kathryn Louise Read Living Trust.
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 estimate, from such information as they have at this time, that the cost of
constructing the District's facilities to serve the Land sought to be annexed is $2,865,000 and that the cost
of constructing the District's facilities to serve the Land sought to be annexed will not exceed the current
bonded authorization limit of the District.
WHEREFORE, the undersigned respectfully pray that this petition be heard and granted in all
respects and that the City of Pearland, Texas, give its written consent to the annexation of the Land into
the District.
68
[EXECUTION PAGES FOLLOW]
-2-
/'
RESPECTFULLY SUBMITTED this day of ��-1— 2003.
BRAZORIA COUNTY MUNICIPAL UTILITY
DISTRICT NO. 28
*AA XtirA
Scott Spidle
President, Board of Directors
ATTEST:
David Youngo‘..""!
Secretary, $t td:Q :tliiEr&art;
(SEALS
:.O
/,..... 11 It.... ``
THE STATE OF TEXAS
COUNTY OF HARRIS
This ins!!me¢,n�t was acknowledged before me on this day of , 2003, by
d- .Seotr dle as`Presioent, and David Young as Secretary, of the Board of Director of Brazoria County
Municipal Utility District No. 28, a political subdivision of the State of Texas, on behalf of said political
subdivision.
(NOTARY
•' SHgRpty
ti:iary �JbiiC. Sta AN
a iam.mrq �%
•� .... � MARCH 29 2Oo.
68
Notary Public, State of Texas
-3-
ATTEST:
By
Name:
Title: V tiC lies i (l'PYl't
SOWELL INTERESTS -BAILEY, L.P.,
a Texas limited partnership
By: Sowell Bailey, Inc.,
a Texas corporation
its sole general partner
THE STATE OF TEXAS
COUNTY OF Qili1.5
§
By:
Name:
Title:
, This�`ips ment was acknowledg d be ore me on this l day of u.iT , 2003, by
`7 hE 1 [, �rti1.)fl as h (( of Sowell Bailey, Inc., exas corporation and
sole general partner of Sowell Interests -Bailey, L.P., a Texas limited partnership, on behalf of said
corporation and limited partnership.
d B, ALICIA M. BAUGH
Notary Public. Stale of Texas
My Commission Expires
November 10, 2005
Notary Public, State of Texas
(NOTARY SEAL)
68 -4
CERTIFICATE
THE STATE OF TEXAS §
COUNTY OF BRAZORIA §
I, the undersigned Secretary of the Board of Directors of Brazoria County Municipal Utility
District No. 28, do hereby certify that the attached and foregoing is a true and correct copy of the Petition
For Consent To Annex Land Into Brazoria County Municipal Utility District No. 28 that was filed with
the Board of Directors of the District on Z-t-c",e.a../ , 2003.
WITNESS MY HAND AND SEAL OF SAID DISTRICT this day of �"zt
2003.
(SEAL)
.�,o�
-f-
•
o'•
68
-5-
David Young
Secretary, Board of ire
EXHIBIT "A"
July 21, 2003
Job No. 1711-0001-021
DESCRIPTION OF
39.9600 ACRES
PROPOSED ANNEXATION TRACT 1
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28
Being 39.9600 acres of land located in the H.T. & B.R.R. Co. Survey, Section 12, (the B.F. Drake Survey)
Abstract 508, Brazoria County, Texas, all of that certain called 39.900 acre tract conveyed to Read Partners, L.P. by
instrument of record in File No. 98-009098, Official Records of Brazoria County, Texas (B.C.O.R.) and being more
particularly described by metes and bounds as follows (all bearings referenced to the westerly line (North) of that
certain called 79.94 acres described File No. 98-005243, B.C.O.R.);
BEGINNING at the northwest corner of said 39.900 acre tract, the southwest corner of said 79.94 acre tract
and being in the centerline of Pearland Sites Road, 80 feet wide;
Thence, with the common line of said 39.900 and 79.94 acre tracts, East, 1320.00 feet to a point for corner,
the northeast corner of said 39.900 acre tract;
Thence, Leaving said common line and with the east line of said 39.900 acre tract, South, 1318.51 feet to a
point for corner, the southeast corner of said 39.900 acre tract;
Thence, leaving said east line and with the south line of said 39.900 acre tract, South 89° 59' 07" West,
1320.00 feet to a point for corner, the southwest corner of said 39.900 acre tract and in the centerline of Pearland
Sites Road;
Thence, leaving said south line and with the common line of said 39.900 acre tract and said centerline,
North, 1318.85 feet to the POINT OF BEGINNING and containing 39.9600 acres of land.
Note: This document was prepared under 22 TAC § 663.21, does not reflect the results of an on -the -
ground survey and is not to be used to convey or establish interests in real property except those rights and interests
implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was
prepared.
LIA Engineering & Surveying Inc.
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 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.
68
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PETITION FOR CONSENT TO ANNEX LAND INTO
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28
THE STATE OF TEXAS
COUNTY OF BRAZORIA
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
The undersigned, duly elected officer of Brazoria County Municipal Utility District No. 28 (the
"District"), and Sowell Interests-Parkside, L.P. (the "Petitioner"), acting pursuant to the provisions of
Chapter 49, Texas Water Code, particularly Sections 49.301(a)-49.301(f), respectfully petition the City
Council of the City of Pearland, Texas, for its written consent to the annexation by the District of the tract
of land described by metes and bounds in Exhibit "A" (the "Land"). In support of this petition, the
undersigned would show the following:
I.
The District was created by the Texas Commission on Environmental Quality on February 27,
2003, and is governed by the provisions of Chapters 49 and 54, Texas Water Code, as amended.
II.
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 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 commgia_ fW
55
JUL 3 1 2003
SOWELL & COMPANY
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 certifies that the only lienholder on the Land is First Continental Investment Co.,
Ltd., a Texas limited partnership.
VIII.
The District agrees and hereby covenants that if the requested consent to the annexation of the
Land to the District is given, the undersigned will adopt and abide by the conditions set forth in Exhibit
"B," attached hereto and incorporated herein for all purposes.
IX.
The undersigned estimate, from such information as they have at this time, that the cost of
constructing the District's facilities to serve the Land sought to be annexed is $5,155,000 and that the cost
of constructing the District's facilities to serve the Land sought to be annexed will not exceed the current
bonded authorization limit of the District.
WHEREFORE, the undersigned respectfully pray that this petition be heard and granted in all
respects and that the City of Pearland, Texas, give its written consent to the annexation of the Land into
the District.
55
(EXECUTION PAGES FOLLOW)
-2-
(SEAL)
RESPECTFULLY SUBMITTED this day of , 2003.
BRAZORIA COUNTY MUNICIPAL UTILITY
DISTRICT NO. 28
Scott Spidle
President, Board of Directors
ATTEST:
David Young
�ituur�i�r���
Secretary, Board kkRteri P s ",
F.•
THE STATE OF TEXAS §
COUNTY OF HARRIS §
���� This insgu/mi)
menas acknowledged before me on this LLLLLLff����� day of �i� G , 2003, by
i as residers , and David Young as Secretary, of the Board of Directors of Brazoria County
Thy Municipal Utility District No. 28, a political subdivision of the State of Texas, on behalf of said political
subdivision.
SHARON COVAN
!rotary Public, State of Teas
My 'amnesia' Flares
MARCH 29. 2004
55
Notary Public, State of Texas
-3-
ATTEST:
By: yy
Name: K.Q.
Title: U l (.t?
THE STATE OF TEXAS
COUNTY OFL (tic
11
SOWELL INTERESTS-PARKSIDE, L.P.,
a Texas limited partnership
By: Sowell Parkside, Inc.,
a Texas corporation
its sole general partner
This i ument was ac wled d b fore this day of �j ,/ US� , 2003,by
L. r( r) as rest me on of Sowell Parkside, In•., a Texas corporation
and sole general partner of Sowell Interests-Parkside, L.P., a Texas limited partnership, on behalf of said
corporation and limited partnership.
ALICIA M. BAUGH
Notary Public, State of Texas
My Commission Expires
November 10, 2005
(NOTARY SEAL)
55
- 4 -
OSA
4 i
Notary Public, State of Texas
THE STATE OF TEXAS
§
COUNTY OF BRAZORIA
CERTIFICATE
1, the undersigned Secretary of the Board of Directors of Brazoria County Municipal Utility
District No. 28, do hereby certify that the attached and foregoing is a true and correct copy of the Petition
For Consent To Annex Land Into Brazoria County Municipal Utility District No. 28 that was filed with
the Board of Directors of the District on ��c � �,,� (. , 2003.
WITNESS MY HAND AND SEAL OF SAID DISTRICT this C� day of G�
2003.
(SEAL)
55
-5-
David Young
Secretary, Board of Directors
EXHIBIT "A"
July 21, 2003
Job No. 1711-0001-021
DESCRIPTION OF
70.9825 ACRES
PROPOSED ANNEXATION TRACT 2
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28
Being 70.9825 acres of land located in the H.T. & B.R.R. Co. Survey, Section 12, (the B.F. Drake Survey)
Abstract 508 and the H.T. & B.R.R. Co. Survey, Section 2, (the B.F. Drake Survey) Abstract 507, Brazoria County,
Texas, more particularly being all of those certain called 40.090, 19.898, 1.465 and 10.411 acre tracts conveyed to
Sowell Interests — Parkside, L.P. by instruments of record in File No's. 02-048831, 02-048837, 02-048838 and 02-
048832, respectively, all of the Official Records of Brazoria County, Texas (B.C.O.R.) and being more particularly
described by metes and bounds as follows (all bearings referenced to the westerly line (North) of that certain called
79.94 acres described File No. 98-005243, B.C.O.R.);
BEGINNING at the southwest corner of said 40.090 acre tract, the northwest corner of said 79.94 acre tract
and in the centerline of Pearland Sites Road, 80 feet wide;
Thence, with the common line of said 40.090 acre tract and said centerline, North, 659.72 feet to a point for
corner, the northwest corner of said 40.090 acre tract;
Thence, with the north line of said 40.090 acre tract, North 89° 49' 23" East. 1321.76 feet to a point for
corner, the southwest corner of aforementioned 19.898 acre tract;
Thence, leaving said north line and with the west line of said 19.898 acre tract, North 02° 11' 33" West,
658.78 feet to a point for corner, the northwest corner of said 19.898 acre tract;
Thence, with the north line of said 19.898 acre tract, North 89° 52' 30" East, 1342.99 feet to a point for
corner, the northeast corner of said 19.898 acre tract and on the west line of aforementioned 1.465 acre tract, same
being on the common survey line of aforementioned H.T. & B.R.R. Co. Survey, Section 12, (the B.F. Drake Survey)
and the H.T. & B.R.R. Co. Survey, Section 2, (the B.F. Drake Survey);
Thence, leaving said north line, with the west line of said 1.465 acre tract and said common survey line,
North 00° 04' 14" East, 62.73 feet to a point for corner, the north corner of said 1.465 acre tract and on the westerly
line of the G.C. & S.F. Railroad, 100 feet wide;
Page 1 of 2
70.9825 Acres July 21, 2003
Job No. 1711-0001-021
Thence, leaving said common survey line, with the common line of said G.C. & S.F. Railraod and the east
lines of aforementioned 1.465 and 10.411 acre tracts, South 13° 57' 42" East, 1988.15 feet to a point for corner, the
southeast corner of said 10.411 acre tract;
Thence, leaving said common line with the south line of said 10.411 acre tract, South 89° 13' 59" West,
480.47 feet to a point for corner, the southwest corner of said 10.411 acre tract and on the common survey line of
aforementioned H.T. & B.R.R. Co. Survey, Section 12, (the B.F. Drake Survey) and the H.T. & B.R.R. Co. Survey,
Section 2, (the B.F. Drake Survey);
Thence, leaving said south line and with said common survey line, North, 548.08 feet to a point for corner,
the southeast corner of aforementioned 40.090 acre tract and the northeast comer of aforementioned 79.94 acre tract;
Thence, leaving said common survey line and with the common line of said 40.090 and 79.94 acre tracts,
West, 2638.88 feet to the POINT OF BEGINNING and containing 70.9825 acres of land.
Note: This document was prepared under 22 TAC § 663.21, does not reflect the results of an on -the -
ground survey and is not to be used to convey or establish interests in real property except those rights and interests
implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was
prepared.
IJA Engineering & Surveying Inc.
Page 2 of 2
EXHIBIT "B"
(a) The City of Pearland, Texas (the "City"), by execution of its City Manager, and the
developer on behalf of the District have entered into and executed a utility agreement that specifies the
terms and conditions for providing water and sewage treatment services to the District (the "Utility
Agreement"). The District shall assume all the rights, obligations, and interests of the developers under
the Utility Agreement, as set forth therein.
(b) The District may issue bonds, including refunding bonds, for any purposes authorized by
law, including but not limited to, purchasing, refinancing, designing and constructing, or otherwise
acquiring waterworks systems, sanitary sewer systems, storm sewer systems, and drainage facilities, or
parts of such systems or facilities, and to make any and all necessary purchases, constructions,
improvements, extensions, additions, and repairs thereto, and to purchase or acquire all necessary land,
right-of-way, easements, sites, equipment, buildings, plants, structures, and facilities therefor, and to
operate and maintain same, and to sell water, sanitary sewer, and other services within or without the
boundaries of the District. Such bonds must provide that the District reserves the right to redeem said
bonds on any date subsequent to the fifteenth (15th) anniversary of the date of issuance (or any earlier
date at the discretion of the District) without premium, and none of such bonds, other than refunding
bonds, will be sold for less than 95% of par; provided that the net effective interest rate on bonds so sold,
taking into account any discount or premium as well as the interest rate borne by such bonds, will not
exceed two percent (2%) above the highest average interest rate reported by the Daily Bond Buyer in its
weekly "20 Bond Index" during the one -month period next preceding the date of the sale of such bonds.
The resolution authorizing the issuance of the District's bonds will contain a provision that the pledge of
any revenues from the operation of the District's water and sewer and/or drainage system to the payment
of the District's bonds will terminate when and if the City annexes the District, takes over the assets of the
District, and assumes all of the obligations of the District.
(c) Before the commencement of any construction within the District, its directors, officers,
or developers and landowners will submit to the City, or to its designated representative, all plans and
specifications for the construction of water, sanitary sewer and drainage facilities to serve the District and
obtain the approval of such plans and specifications therefrom. All water wells, water meters, flushing
valves, valves, pipes, and appurtenances thereto, installed or used within the District, will conform to the
specifications of the City. All water service lines and sewer service lines, lift stations, and appurtenances
thereto, installed or used within the District will comply with the City's standard plans and specifications
as amended from time to time. Prior to the construction of such facilities within or by the District, the
District or its engineer will give written notice by registered or certified mail to the City, stating the date
that such construction will be commenced. The construction of the District's water, sanitary sewer, and
drainage facilities will be in accordance with the approved plans and specifications and with applicable
standards and specifications of the City; and during the progress of the construction and installation of
such facilities, the City may make periodic on -the -ground inspections.
(d) Prior to the sale of any lot or parcel of land, the owner or the developer of the land
included within the limits of the District will obtain the approval of the Planning and Zoning Commission
of the City of a plat which will be duly recorded in the Official Records of Brazoria County, Texas, and
otherwise comply with the rules and regulations of the Engineering Department and the Department of
Public Works of the City of Pearland.
55
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PETITION FOR CONSENT TO ANNEX LAND INTO
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28
THE STATE OF TEXAS
COUNTY OF BRAZORIA §
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
The undersigned, duly elected officer of Brazoria County Municipal Utility District No. 28 (the
"District"), Orlen Winifred O'Day, Individually and as Independent Executor of The Estate of Blanche
O'Day Massey, Michael Patrick O'Day, Sandra O'Day Anderson and Pearland Development, LLC,
which has entered into an earnest money contract to purchase all of the Land and desires to be considered
a Petitioner for the Petition for Consent to Annex Land to Brazoria County Municipal Utility District No.
28 (collectively the "Petitioners"), acting pursuant to the provisions of Chapter 49, Texas Water Code,
particularly Sections 49.301(a)-49.301(f), respectfully petition the City Council of the City of Pearland,
Texas, for its written consent to the annexation by the District of the tract of land described by metes and
bounds in Exhibit "A" (the "Land"). In support of this petition, the undersigned would show the
following:
I.
The District was created by the Texas Commission on Environmental Quality on February 27,
2003, and is governed by the provisions of Chapters 49 and 54, Texas Water Code, as amended.
IL
Orlen Winifred O'Day, individually and as Independent Executor of The Estate of Blanche
O'Day Massey, Michael Patrick O'Day, and Sandra O'Day Anderson hold 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 sect., 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.
119
The general nature of the work to be done in the area sought to be annexed into the District is the
construction, acquisition, maintenance and operation of a waterworks and sanitary sewer system and a
drainage and storm sewer system.
VI.
There is, for the following reasons, a necessity for the above -described work. The Land proposed
to be annexed into the District, which will be developed for residential and/or commercial purposes, is
urban in nature, is within the growing environs of the City of Pearland, Texas, is in close proximity to
populous and developed sections of Brazoria County, and within the immediate future will experience a
substantial and sustained growth. Because the health and welfare of the present and future inhabitants of
the Land and of lands adjacent thereto require the construction, acquisition, maintenance and operation of
an adequate waterworks and sanitary sewer system and a drainage and storm sewer system, a public
necessity exists for the annexation of the Land into the District, to provide for the purchase, construction,
extension, improvement, maintenance and operation of such waterworks and sanitary sewer system and
such drainage and storm sewer system, so as to promote the purity and sanitary condition of the State's
waters and the public health and welfare of the community.
VII.
The Petitioners certify that there are no lienholders on the Land.
VIII.
The District agrees and hereby covenants that if the requested consent to the annexation of the
Land to the District is given, and the District adopts an order including the Land within the District, 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 estimate, from such information as they have at this time, that the cost of
constructing the District's facilities to serve the Land sought to be annexed is approximately $1,492,000
and that the cost of constructing the District's facilities to serve the Land sought to be annexed will not
exceed the current bonded authorization limit of the District.
WHEREFORE, the undersigned respectfully pray that this petition be heard and granted in all
respects and that the City of Pearland, Texas, give its written consent to the annexation of the Land into
the District.
119
[EXECUTION PAGES FOLLOW]
-2-
RESPECTFULLY SUBMITTED this bth day of August, 2003.
ATTEST:
David Young
Secretary, Board of Deto'rs
•
= U:
(SEAL)
THE STATE OF TEXAS
COUNTY OF HARRIS
:
u:urrurrr��
BRAZORIA COUNTY MUNICIPAL UTILITY
DISTRICT NO. 28
tilagm6
Scott Spidle
President, Board of Directors
y
�� et. This in�t;u ment was acknowledged before me on this day of 2003,b
-ad.",, Stic�u Spidle a esi em, and David Young as Secretary, of the Board of Directors of Brazoria County
Municipal Utility District No. 28, a political subdivision of the State of Texas, on behalf of said political
subdivision.
(NOTARY SEAL)
SHARON COVAN
• /T' Notary Pubic, 8W8 d Tetat
rh Caaieiedae tqakeK
MARCH 29, 2004
•
•
Ley-1 %T. %." vv.
119
Notary Public, State of Texas
-3-
ORLEN WINIFRED O'DAY
Individually and as Independent Executor of
The Estate o Blanche O'Day Massey
THE STATE OF TEXAS
COUNTY OF ?fiteai4
Sr —
This instrument was acknowledged before me on this I day of '�-9L�� I`.2003, by
Orlen Winifred O'Day, Individually and as Independent Executor of The Estate of Blanche O'Day
Massey.
(NOTARY SEAL)
KENNETH R. PH1LUPS
5 ': Notary Public. State of Texas
My Commission Expires
441 August 31, 2003
119
otary Public, State of Texas
- 4 -
MICHAEL PATRICK O'DAY
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on this r day of /44, 2003, by
Michael Patrick O'Day.
(NOTARY SEAL)
119
N /'
ary Public, State of Te
- 5 -
Rup 03 E003 16: 1 5 F-t K H HH LLL 1 F'S H I I UP NtY 1 41 e 4 (;j5 I U 1.0;jetiJ44:j
SANDRA O'DAY ANDERSON
THE STATE OF OREGON §
COUNTY OF MULTNOMAH §
This instrument was acknowledged before me on this LI day of i4v Gj UST , 2003, by
Sandra f)'Tl.y Andercnn
OFFICIAL SEAL
BOBETTE M NARLOCK
NOTARY PUBLIC-OREGON
NO. MY COMM SS ONISSION EXPIRES FEB 9, 2007
(NOTARY SEAL)
Notary Public, State of 0a:e6oni
-5-
AUG-03-2003 14:15
281 412 4735 98%
P. 06
THE STATE OF TEXAS
§
COUNTY OF HARRIS
PEARLAND DEVELOPMENT. LLC.
a Louisiana limited liability company
(Earnest Money Contract Holder)
By:
Name:-Sl'! 6h 1Pfh
Title: /-4i7a 1
This instrument was acknowledged before me on this 3/ 5 day of July, 2003, by
Chris Shaheen, managing member of Pearland Development. LLC. a Louisiana limited
liability company, on behalf of said company.
Notary Public. State of Texas
(NOTARY SEAL)
2003.
CERTIFICATE
THE STATE OF TEXAS
COUNTY OF BRAZORIA
I, the undersigned Secretary of the Board of Directors of Brazoria County Municipal Utility
District No. 28, do hereby certify that the attached and foregoing is a true and correct copy of the Petition
For Consent To Annex Land Into Brazoria County Municipal Utility District No. 28 that was filed with
the Board of Directors of the District on
��-�-� � > 2003.
WITNESS MY HAND AND SEAL OF SAID DISTRICT this
��Y of
0a+n►nr►Np
(SEAL) .N``��\c,1PAL UTj'''',,,
•
0''/�� a
►�i►ft\\``\`
►�►0,
119
-8-
David Young
Secretary, Board of Direci�ors
July 21, 2003
Job No. 1711-0001-021
DESCRIPTION OF
31.8005 ACRES
PROPOSED ANNEXATION TRACT 3
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28
Being 31.8005 acres of land located in the H.T. & B.R.R. Co. Survey, Section, 6, Abstract 544, Brazoria
County, Texas, more particularly being a portion of that certain tract of land conveyed to Blanche O'Day Massey by
an instrument of record in Volume 850, Page, 633, Official Records of Brazoria County, Texas (B.C.O.R.), and
being a portion of Lots 10, 12, 14 and I6 of the Allison Richey Gulf Coast Home Company Subdivision Of Section
6 a subdivision of record in Volume 136, Page, 500, Deed Records of Brazoria County (B.C.D.R.), and being more
particularly described by metes and bounds as follows (all bearings referenced to the westerly line (North 00° 10'
30" east) of said tract of land described in Volume 850, Page, 633);
COMMENCING for reference at the southwest corner of said tract of land described in Volume 850, Page,
633 and on the west line of Lot 16 of said subdivision, same being on the centerline of O'Day Road (called 60 feet
wide);
Thence, with the south line of said tract of land described in Volume 850, Page, 633, South 89° 52' 00"
East, 30.00 feet to the POINT OF BEGINNING;
Thence, with the east right-of-way line of O'Day Road, North 00° 10' 30" East (bearing base), 1376.01 feet
to a point for corner, on the north line of said tract of land described in Volume 850, Page, 633 and being on the
north line of Lot 10 of said subdivision;
Thence, with the north Iine of said tract of land described in Volume 850, Page, 633 and the north line of
Lot 10, of said subdivision, South 89° 52' 00" East, 1006.70 feet to a point for corner, the northeast corner of said
tract of land described in Volume 850, Page, 633 and being the northeast corner of Lot 10 of said subdivision;
Thence, with the a east line of said tract of land described in Volume 850, Page, 633 and the east lines of
Lots 10, 12, 14 and 16 of said subdivision, South 00° 10' 30" West, 1376.01 feet to a point for comer, the southeast
corner of said tract of land described in Volume 850, Page, 633;
Thence, with south line of said tract of land described in Volume 850, Page, 633, North 89° 52' 00" West,
1006.70 feet to the POINT OF BEGINNING and containing 31.8005 acres of land.
Page 1 of 2
31.8005 Acres July 21, 2003
Job No. 1711-0001-021
Note: This document was prepared under 22 TAC § 663.21, does not reflect the results of an on -the -
ground survey and is not to be used to convey or establish interests in real property except those rights and interests
implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was
prepared.
IJA Engineering & Surveying Inc.
Page 2 of 2
EXHIBIT "B"
(a) The City of Pearland, Texas (the "City"), by execution of its City Manager, and the
developer on behalf of the District have entered into and executed a utility agreement that specifies the
terms and conditions for providing water and sewage treatment services to the District (the "Utility
Agreement"). The District shall assume all the rights, obligations, and interests of the developers under
the Utility Agreement, as set forth therein.
(b) The District may issue bonds, including refunding bonds, for any purposes authorized by
law, including but not Limited to, purchasing, refinancing, designing and constructing, or otherwise
acquiring waterworks systems, sanitary sewer systems, storm sewer systems, and drainage facilities, or
parts of such systems or facilities, and to make any and all necessary purchases, constructions,
improvements, extensions, additions, and repairs thereto, and to purchase or acquire all necessary land,
right-of-way, easements, sites, equipment, buildings, plants, structures, and facilities therefor, and to
operate and maintain same, and to sell water, sanitary sewer, and other services within or without the
boundaries of the District. Such bonds must provide that the District reserves the right to redeem said
bonds on any date subsequent to the fifteenth (l5th) 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 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.
139
- 9 -
PETITION FOR CONSENT TO ANNEX LAND INTO
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28
THE STATE OF TEXAS
COUNTY OF BRAZORIA
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
The undersigned, duly elected officer of Brazoria County Municipal Utility District No. 28 (the
"District"), OFI Investments, LLC, and Pearland Development, LLC, which has entered into an earnest
money contract to purchase all of the Land and desires to be considered a Petitioner for the Petition for
Consent to Annex Land into Brazoria County Municipal Utility District No. 28 (the "Petitioners"), acting
pursuant to the provisions of Chapter 49, Texas Water Code, particularly Sections 49.301(a)-49.301(f)
respectfully petition the City Council of the City of Pearland, Texas, for its written consent to the
annexation by the District of the tract of land described by metes and bounds in Exhibit "A" (the "Land").
In support of this petition, the undersigned would show the following:
I.
e District was created by the Texas Commission on
2003, and lis governed by the provisions Environment s of 49 and 54, Texas Wa Water Cal Quality on February 27,
ode, as amended.
II.
OFT Investments, LLC 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.
III.
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 of a waterworks and sanitary sewer system and a
drainage and storm sewer system.
116
VI.
There is, for the following reasons, a necessity for the above -described work. The Land proposed
to be annexed into the District, which will be developed for residential and/or commercial purposes, is
urban in nature, is within the growing environs of the City of Pearland, Texas, is in close proximity to
populous and developed sections of Brazoria County, and within the immediate future will experience a
substantial and sustained growth. Because the health and welfare of the present and future inhabitants of
the Land and of lands adjacent thereto require the construction, acquisition, maintenance and operation of
an adequate waterworks and sanitary sewer system and a drainage and storm sewer system, a public
necessity exists for the annexation of the Land into the District, to provide for the purchase, construction,
extension, improvement, maintenance and operation of such waterworks and sanitary sewer system and
such drainage and storm sewer system, so as to promote the purity and sanitary condition of the State's
waters and the public health and welfare of the community.
VII.
The Petitioners certify that the only lienholder on the Land is Michael P. O'Day.
VIII.
The District agrees and hereby covenants that if the requested consent to the annexation of the
Land to the District is given, and if the District adopts an order including the Land in the District, the
undersigned will adopt and abide by the conditions set forth in Exhibit "B," attached hereto and
incorporated herein for all purposes.
IX.
The undersigned estimate, from such information as they have at this time, that the cost of
constructing the District's facilities to serve the Land sought to be annexed is approximately $423,000.00
and that the cost of constructing the District's facilities to serve the Land sought to be annexed will not
exceed the current bonded authorization limit of the District.
WHEREFORE, the undersigned respectfully pray that this petition be heard and granted in all
respects and that the City of Pearland, Texas, give its written consent to the annexation of the Land into
the District.
116
[EXECUTION PAGES FOLLOW]
-2-
r
RESPECTFULLY SUBMITTED this 6th day of August, 2003.
ATTEST:
David Young„„„„+ti
Secretar ,�' " la
t�.•
•
/11*rrnnai ►�� 0�
THE STATE OF TEXAS
COUNTY OF HARRIS
BRAZORIA COUNTY MUNICIPAL UTILITY
DISTRICT NO. 28
Scott Spidle
President, Board of Directors
This in��tJJ Jrn,. �n__t�� was acknowledged before me on this �% day of Gj 2003,by
y Scvt Spidle arPresident, and David Young as Secretary, of the Board of Directors of�ia County
Municipal Utility District No. 28, a political subdivision of the State of Texas, on behalf of said political
subdivision.
(NOTARY SEAL)
116
SHARON COVAN
Notary Public, State of Texas
my Canmissiort Expires
MARCH 29, 2004
Notary Public, State of Texas
-3-
OFI INVESTMENTS, LLC,
A Texas limited liability company
By:
Name:
uglas W. Stahlheber
Title: Manager
THE STATE OF TEXAS §
COUNTY OF�/✓ §
This instrument was acknowledged before me on this ` day of/G�c;�G" ` 2003, by
Douglas W. Stahlheber as Manager of OFI Investments, LLC, Texas a limited liability company, on
behalf of said company.
(NOTARY SEAL)
116
- 4 -
N,
otary PublicState of Texas
PEARLAND DEVELOPMENT. LLC,
a Louisiana limited liability company
(Earnest Money Contract Holder)
By (ci
Name: --1171, P7°h
Title:
THE STATE OF TEXAS
COUNTY OF HARRIS §
17lov, /Ye/ph,-
This instrument was acknowledged before me on this 3/s/day of July, 2003, by
Chris Shaheen, managing member of Pearland Development, LLC, a Louisiana limited
liability company, on behalf of said company.
Notary Public, State of Texas
(NOTARY SEAL)
CERTIFICATE
THE STATE OF TEXAS §
COUNTY OF BRAZORIA §
I, the undersigned Secretary of the Board of Directors of Brazoria County Municipal Utility
District No. 28, do hereby certify that the attached and foregoing is a true and correct copy of the Petition
For Consent To Annex Land Into Brazoria County Municipal Utility District No. 28 that was filed with ic/
the Board of Directors of the District on � 2 , 2Q03.
WITNESS MY HAND AND SEAL OF SAID DISTRICT this day of
2003.
c
116
.‘`` UNCIPgz�'1/
`tea 4. . T ''%�
_ca=
-6-
David Young
Secretary, Board of Directors
July 21.2003
Job No. 1711-0001-021
DESCRIPTION OF
9.0275 ACRES
PROPOSED ANNEXATION TRACT' 4
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28
Being 9.0275 acres of Iand located in the H.T. & B.R.R. Co. Survey, Section, 6, Abstract 544, Brazoria
County, Texas, more particularly being a portion of that tract of land conveyed to OM Investments, L.L.C. by
instrument of record in File No. 00-036109, of the Official Records of Brazoria County, Texas (B.C.O.R.), and
being a portion of Lot 15 of the Allison Richey Gulf Coast Home Company Subdivision Of Section 6 a subdivision
of record in Volume 136, Page, 500, Deed Records of Brazoria County (B.C.D.R.), and being more particularly
described by metes and bounds as follows (all bearings referenced to the westerly line (North 00° 10' 30" east) of
that certain tract of land described in Volume 850, Page, 633, B.C.O.R.);
COMMENCING for reference at the northeast corner of said tract of land described in File No. 00-036109,
the northeast corner of Lot 15 of said subdivision, same being on the centerline of Hatfield Road (called 40 feet
wide);
Thence, with the north line of said tract of land described in File No. 00-036109 and the north line of Lot
15 of said subdivision, West. 20.00 feet to the POINT OF BEGINNING;
Thence, with the west right-of-way line of Hatfield Road, South 00° 16' 56" West. 378.90 feet to a point
for corner, on the south line of said tract of land described in File No. 00-036109;
Thence, with the south line of said tract of land described in File No. 00-036109, South 89° 05' 43" West,
1016.17 feet to a point for corner, the southwest corner of said tract of land described in File No. 00-036109 and on
the common line of Lots 14 and 15 of said subdivision;
Thence, with the west line of said tract of land described in File No. 00-036109 and the common line of
Lots 14 and 15 of said subdivision, North 00° 10' 30" East, 394.94 feet to a point for corner, the northwest corner of
aforementioned tract of land described in File No. 00-036109 and being the common north comer of Lots 14 and 15
of said subdivision;
Thence, with the north line of said tract of land described in File No. 00-036109 and the north line of Lot
15 of said subdivision, East, 1016.70 feet to the POINT OF BEGINNING and containing 9.0275 acres of land.
Page 1 of 2
9.0275 Acres July 21, 2003
Job No. 1711-0001-021
Note: This document was prepared under 22 TAC § 663.21, does not reflect the results of an on -the -
ground survey and is not to be used to convey or establish interests in real property except those rights and interests
implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was
prepared.
LTA Engineering & Surveying Inc.
Page 2 of 2
EXHIBIT "B"
(a) The City of Pearland, Texas (the "City"), by execution of its City Manager, and the
developer on behalf of the District have entered into and executed a utility agreement that specifies the
terms and conditions for providing water and sewage treatment services to the District (the "Utility
Agreement"). The District shall assume all the rights, obligations, and interests of the developers under
the Utility Agreement, as set forth therein.
(b) The District may issue bonds, including refunding bonds, for any 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 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.
116
-7-
City of Pearland
In -City MUD Application Checklist
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28
Date 7 3 , - o3
Attach this sheet as a cover to the completed information and check each box.
1: Fully completed City of Pearland In -City MUD Data Form.
ancisting Subdivisions Form.
Proposed Subdivisions Form.
EExisting Non -Residential Businesses Form.
11:6roposed Non -Residential Businesses Form.
lJAnticipated Future Annexations Form.
6.1aVicinity 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.
Litailed 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.
SOWELL INTERESTS-PARKSIDE, L.P.,
a Texas limited partnership
By: SOWELL PARKSIDE, INC.,
a Texas corporation, its ge
By:
al partner
ornelius, Vice President
Tract 2
SOWELL INTERESTS -BAILEY, L.P.,
a Texas limited partnership
By: SOWELL BAILEY, INC.,
a Texas corporation, its
By:
eral partner
I
S. Cornelius, Vice President
Tract 1
City of Pearland In City MUD Checklist
Jul 25 03 1O:2Oa
07/25/2003 10:07 FAX
PRUDENTIAL ALLIED
VE LLP
281-485-1649 p,3
0 003
125769I_I .DOC
Deve
VELOPMENT LLC
(as to its tract only)
, it4 KO LY
Printed Name
Tracts 3 and 4
1
2
City of Pearland
In -City MUD Data Form
MUD # BCMUD No. 28
Date: July 31,2003
General Information
Proposed Zoning Classification (also show on map)
Projected Date of Completion of All Homes/Businesses
Area
Existing Proposed
MUD Tract(s)
R-2, R-3
2007
Existing
R-2, R-2 PUD
2007
Proposed
3
Total Acreage
I•w�
170.8326
1I-acl:{5)
151.7705
Iota)
322.6031
4
Currently Platted Residential Acreage (including road rights of way)
0
0
0
5
Currently Platted Commercial Acreage (including road rights of way)
0
0
0
6
Currently Undeveloped Acreage
137.0078
129.7688
266.7766
7
Projected Undeveloped Acreage to be Platted Residential
128.7154
129.7688
258.4842
8
Projected Undeveloped Acreage to be Platted Commercial
8.2924
0
8.2924
9
Current and Projected Detention & Transmission Utility Easements (acres)
25.1673
18.7917
43.959
10
All Other Acreage (Landscaping Reserves, Parks, etc)
8.6575
3.21
11.8675
Note Lines 7 and 8 should total to Line 6.
Lines 4, 5, 6, 9, and 10 should total to Line 3. Line 3 should equal the total acreage in the MUD or the Proposed Tracts.
Residential Lots
Existing
Proposed
rviw 1 rams) Total
11
Total Existing and Planned Residential Lots
470
451
921
12
Number of Currently Completed/Occupied Homes
0
0
0
13
Number of Currently Completed Lots
91
0
91
14
Number of Lots Under Construction
215
0
215
15
Number of Future Lots
164
451
615
Note Lines 12, 13, 14, and 15 should total to Line 11
Property Values
Existing
Proposed
IVIuv Iract(s) Total
16
Most Recent BCAD Valuation (Date: January 1, 2003)
$ 697,890.00
$ 184,560.00
$882,450.00
17
Projected Total Valuation at Build Out Date
$ 86,300,400.00
$ 73,930,000.00
$160,230,400.00
18
Projected Residential Valuation at Build Out
$ 80,000,000.00
$ 73,930,000.00
$153,930,000.00
19
Projected Commercial Valuation at Build Out
$ 6,300,400.00
$ -
$6,300,400.00
20
Estimated Average Home Value
NA
NA
NA
21
Estimated Average Home Value - at Build Out
$ 172,500.00
$ 164,000.00
$168,250.00
Note Lines 18 and 19 should total to Line 17
Property Tax Reven
Existing
Proposed
22
Pre -Development General Fund Taxes @$./$686/100(Date: January 1, 2003)
1vIuu
$ 4,787.53
1 ract(s)
$ 1,266.08
Total
$6,053.61
23
Most Recent Year City Property Taxes @ $.686/$100
$ 4,787.53
$ 1,266.08
$6,053.61
24
Projected City Property Taxes @ $.686/$100 at Build Out
$ 592,020.74
$ 507,159.80
$1,099,180.54
25
Most Recent Year MUD Rebate Amount
$ -
$ -
$0.00
26
Projected MUD Rebate Amount at Build Out
$ 129,451.00
$ 110,895.00
$240,346.00
Calculations
Existing
Proposed
27
Approx. Net Density at Build Out- Homes/Acre (Line 11/(3-9))
rviLIv
$ 3.23
I ract(s)
$ 3.39
Total
$ 3.31
28
Net Annual Revenue to City - Current Estimate (Line 23-25-22)
$ -
$ -
$
29
Net Annual Revenue to City - Build Out Estimate (Line 24-26-22)
$ 457,782.22
$ 394,998.72
$ 852,780.94
w/land/1711/annexation/MUDDataForm_July 31 03
July 21, 2003
City of Pearland
In -City MUD Data Form
MUD # BCMUD No. 28
Date July 21, 2003
Existing Subdivisions Within Existing MUD
Subdivision Name
Creekside Section One
Area (Acres)
29.395
Projected
Lots
91
Percent
Complete
90
Creekside Section Two
41.9982
107
0
Canterbury Park Section One
99.4394
272
0
w/land/1711/annexation/MUDDataForm_July 31 03 July 21, 2003
City of Pearland
In -City MUD Data Form
MUD # BCMUD No. 28
Date July 21, 2003
Proposed Subdivisions Within Annexation Request
Subdivision Name
39.9 Acre Tract - No name yet
70.9825 Acre Tract - No name yet
31.8005 and 9.0275 Acre Tracts - No name yet
Area (Acres)
39.9
70.9825
40.828
Projected
Lots
115
191
145
Percent
Complete
0
0
0
w/land/1711/annexation/MUDDataForm_July 31 03 July 21, 2003
City of Pearland
In -City MUD Data Form
MUD # BCMUD No. 28
Date July 21, 2003
Existing Non -Residential Businesses Within Existing MUD
Business Name
None
Type of Business
None
w/land/1711/annexation/MUDDataForm_July 31 03
July 21, 2003
City of Pearland
In -City MUD Data Form
MUD # BCMUD No. 28
Date July 21, 2003
Proposed Non -Residential Businesses Within Annexation Request
Business Name
None
Type of Business
None
w/land/1711/annexation/MUDDataForm_July 31 03
July 21, 2003
City of Pearland
In -City MUD Data Form
MUD # BCMUD No. 28
Date July 21, 2003
Anticipated Future Annexation Requests
General Tract Description
None at this time
Area (Acres)
Projected
Lots
w/land/1711/annexation/MUDDataForm_July 31 03 July 21, 2003
03 066742
5
,
UTILITY CONVEYANCE AND SECURITY AGREEMENT
STATE OF TEXAS §
COUNTY OF BRAZORIA §
KNOW ALL PERSONS BY THESE PRESENTS:
Brazoria County Municipal Utility District No. 28 (the "District") has acquired certain
improvements, structures, and facilities designed to provide water, wastewater, and drainage to
serve areas within the District's boundaries and the boundaries of the City of Pearland, Texas
(the "City"). For good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the District does hereby convey, transfer, and deliver to the City, its
successors and assigns those certain facilities described as follows:
Those certain facilities constructed to date by the District pursuant to the
construction contract with SAJO Construction, Inc., dated on or about December
17, 2002, to serve Creekside, Section 1, which facilities are located within the
boundaries of the District, and were conveyed to the District pursuant to the
Utility Deed attached hereto and incorporated herein as Exhibit "A", and together
with any improvements, structures, storm sewer mains, plants, service pumps,
storage reservoirs, electrical equipment, plant equipment, distribution lines,
collection lines, water mains, lift stations, meters, valves, pipes, fittings,
connections, meter boxes, laterals, easements, rights -of -way, licenses, operating
rights and all other property therein whether real, personal or mixed, owned by
the District in connection with the facilities being conveyed hereby (the
"Facilities").
The District has constructed the Facilities and is conveying the Facilities to the City
pursuant to the February 25, 2002, Utility Agreement between the City, Sowell Property
Partnership-Parkside, L.P., and RH of Texas Limited Partnership, which was assumed by the
District on September 3, 2003 (the "Utility Agreement"). The District, pursuant to Article IV of
the Utility Agreement, hereby reserves a security interest in the Facilities to secure the
performance of the City's obligations under the Utility Agreement. The District reserves said
security interest under Texas law.
The District hereby assigns to the City all rights, maintenance bonds, warranties and
manufacturer's warranties, if any, owned or acquired by the District for the Facilities.
The City hereby agrees by its acceptance of this conveyance to operate and maintain the
Facilities in accordance with the terms of the Utility Agreement.
[EXECUTION PAGE FOLLOWS]
514
2003.
By:
ATTEST:
t —,s
By: +
A51, kpLeA{-Secretary, Board of Directors
(SEAL)
THE STATE OF TEXAS
COUNTY OF HARRIS
IN WITNESS WHEREOF, this conveyance is executed on this 3rd day of September,
BRAZORIA COUNTY MUNICIPAL
UTILITY DISTI4T O. 28
j�
President, Board of Directors
cC
This instrument was acknowledged before me on the .3 day of se? f on fi; 2003, by
.off 5/-d /c as ,i es .`de-., F-- and fro,. 'sue /i. dry- as
of the Board of Directors of Brazoria County Municipal Utility District No. 28, a
political subdivision of the State of Texas, on behalf of said political subdivision.
Notary Public, State of Texas
(NOTARY SEAL)
SHARON COMA
*try Pubbc, State d Tess
My Commission Eames
MARCH 29, 2004
514 _2
In accordance with the Utility Agreement, as defined above, and the authorization by
City Council of the City of Pearland, Texas (the "City") on February 25, 2002, the City hereby
accepts this Utility Conveyance and Security Agreement on this C 14 day of
:lc- id d er• , 2003.
CITY OF PEARLAND
'2 (.
City Manager
By:
APPROVED AS TO FORM:
City Attorney
THE STATE OF TEXAS
COUNTY OF BRAZORIA
This instrument was acknowledged before me on the }'. day of (, , ^, r , 2003, by
as t f i724=.:r-{ 4; - of the City of Pearland, Texas, on
behalf of said City.
Texas
E :{airas: 8w
2005
Notary Public, State of Texas
AFTER RECORDING RETURN TO: Brazoria County Municipal Utility District No. 28, Attn:
Sharon Covan; c/o Allen Boone Humphries LLP, 3200 Southwest Freeway, Suite 2600,
Houston, Texas 77027
514
3
i
N A
uu.:��
THE STATE OF TEXAS §
§
/.3- COUNTY OF BRAZORIA §
EXHIBIT "A"
UTILITY DEED
KNOW ALL PERSONS BY THESE PRESENTS:
THAT, RH OF TEXAS LIMITED PARTNERSHIP, a Maryland limited partnership (the
"Grantor"), for and in consideration of the sum of Ten Dollars ($10.00) and other good and
valuable consideration in hand paid by BRAZORIA COUNTY MUNICIPAL UTILITY
DISTRICT NO. 28 (the "District''), the receipt and sufficiency of which is hereby acknowledged,
has GRANTED, SOLD, CONVEYED and ASSIGNED, and by these presents does GRANT,
SELL, CONVEY and ASSIGN unto the District, its successors and assigns, all of those certain
waterworks, sanitary sewer; storm sewer and drainage systems located and described as follows:'
Those certain facilities constructed analor acquired to date by Grantor pursuant to
the construction contract with SAJO Construction, Inc., dated on or about
December 17, 2002, which facilities are located within the boundaries of the
District, and together with any improvements, structures, storm sewer mains,
plants, service pumps, storage reservoirs, electrical equipment, plant equipment,
distribution lines, collection lines, water mains, lift stations, meters, valves, pipes,
fittings, connections, meter boxes, laterals, easements, rights -of -way, licenses,
operating rights and all other property therein whether real, personal or mixed,
owned by Grantor in connection with the facilities being conveyed hereby, and
together with all rights, maintenance bonds, warranties, if any and manufacturer's
warranties owned by Grantor under the above -listed construction contract for the
facilities being conveyed hereby (collectively the "Facilities").
TO HAVE AND TO HOLD the above described Facilities, together with all and singular
the rights and appurtenances thereto in anyway belonging, unto the District, its successors and
assigns forever, and Grantors do hereby themselves, their successors and assigns, to warrant and
forever defend all and singular, the said Facilities unto the District, its successors and assigns,
against every person whomsoever lawfully claiming or to claim the same or any part thereof, by,
through, or under Grantor, but not otherwise.
[EXECUTION PAGES FOLT�Ow]
EXECUTED as of the /1 day of aGee, 2003.
THE STATE OF TEXAS §
COUNTY OF
i2 j s §
RH OF TEXAS LIMITED PARTNERSHIP,
a Maryland limited partnership
By: Ryland Homes of Texas, Inc.,
a Texas corporation
its general partner
By:
Name:
Title:
This instruNent was acknow edged before me on the / day of v—K
2003, by --- co .b'" as 0 , fa -
of
Ryland Homes of Texas, Inc., a Texas corporation, and general partner of RH OF TEXAS
LIMITED PARTNERSHIP, a Maryland limited partnership, on behalf of said corporation and
limited partnership.
(NOTARY SEAL)
Grantee:
Grantee's address:
Brazoria County Municipal Utility District No. 28
c/o Allen Boone Humphries LLP
3200 Southwest Freeway, Suite 2600
Houston, Texas 77027
`z2
Notary Public, ate of Texas
GAIL ANN SALLEE
NOTARY PUBLIC
STATE OF TEXAS
My Comm. Exp. 07-05-2006
2
•
AGREED and accepted to this 3 day of Se, , 2003.
BRAZORIA COUNTY MUNICIPAL UTILITY
DISTRICT NO. 28
ATTEST:
By: r% '� ''�� t '71 l i✓
Name: firk.e_ik-
194,- Scc �.�: I-1
COUNTY OF HARRIS
This instrument was acknowledged before me on the 3''day of 59alr,1,1",-
2003, by S o N )7, d /e— as P,-« : (-4 f-- of
the Board of Directors of Brazoria County Municipal Utility District No. 28, a political
subdivision of the State of Texas, on behalf of said political subdivision.
(NOTARY SEAL)
Notary Public, State of Texas
Ni AFTER RECORDING RETURN TO: Attn: Sharon Covan, Allen Boone Humphries LLP, 3200
Southwest Freeway, Suite 2600, Houston, TX 77027.
- 3 -
Maps filed with Ordinance 1124
In City Secretary's Office
AIRPEART
SCALE:
1" = 2640'
EvEralA
LOCUST
PECAN
cam Alt
PRILicE
ELM
MAPLE
MEIERIPILL
TEAGUE
AltCOIA
COMPTON
DISNEY
EZOSEN
LIVE OAR
TALESMA
WILLOW 0
11,
EJOLESTOSI
CALVES] ON
VALVE
xxrwe
BRISIECE
PARKWAY
MOS !ANC
CRAFluYoseN
:,,t,,LEEA:L:1:::114,E1.1SLINAA
MAILS
HMW
umwAy
AMARJECAN
ElEALK
•
LILLMSLaY
BELTWAY
NORWELH
CAM 1 LOT
rA
Lan
EARLE
Cis Lia
aaELAy
CarrEatEy
tENTLILY
I IL ES BERL'
fork
SCULL
APACE' E
TRUASLITIL
MEADE
South
LEGEND
CITY LIMIT LINE
• ETJ LINE
R-3 ZONING
R-2 ZONING
R-2 PUD ZONING
EXISTING
ANNEXATION FOR
B.C.M.U.D. 28
-t ISMS
KATHY
ECILFF
ANNEXATION
TRACT THREE
Dada
Can FM.
trIalya
MaLIONLSELLELEll
IMAJ .SE IA.
lEARDENL
EilIAIRSENDALL
EAILtY
OCIICEA
LECILY
pAlitIDGE
Roaisarn
LEA
ANNEXATION
TRACT FOUR
OILANCEE
AMIE
CADNELLEE
COLONIAL
NPEDERAT
ANNEXATION
TRACT ONE
JIIEFFIN WILLIAMS
CASTINGS
KNAPE
PaEJLEILi
CLermaary
ORANGE
NalTINGIIAM
INLEJLESTIIIAL
PaIRPOIA
CITY OF PE
CINI
ZO COUN
MUNICIP UTILITY DIST ICT O. 28
LIEEEK
LA Engineering & Surveying, inc.
Suite 600
Houston, Texas 77042-3703
Phone 713.953.5200
Fax 713.953.5026
Ordinance No.1124
HT.
SURVEY
ORANGE
B.L.=CO.
JEC. ONE A 2J3
PLUM
A
CURVE TA3L_1-
Curve
RadIus
Tangent
Chord
Arc
Delta
Chord Bear 1ng
I
1934. 98'
266. 54'
528. 09'
529.75'
'
1 5° 41'
10"
537° 56' 55'_
2
1804. 98'
248. 63'
492. 62'
494. 1 6'
l 5° 41'
10"
N37° 55' 55"W
C
S88°35'57"W 1750.03'
& 80 SU=VEY ,
A— 147
ci 1
P
C� O
Oj \C�
v
/
`b O /
/
/
/
/
/
/
/
/
/
/
/
CALLED 2. ;79 ACRES
CITY..:.OF PEARLAND
( PROPOSED PEARLAND PARKWAY )
F 1i r NO. ( 0 I ) 0 16 , PAGE 632
B.C.O.R.
ONE
0
I
df,
N30°06'20"W
62.92'
S30°06'20"E
26.57'
N04°43'38"W
130.63'
\g h\ / b �) N14°11'12%1
a hb'4o� `L ,1
-I c,e �qc,
3
� q Q0 - N
105.90'
`Sup, q��._ A`/j. O
:, /
-9'
...
AWNS/21"E
130.00'
P.O.B.,
T R ACT
Fnd. %" I.R.
X=3,156,939.10
Y-13,774,71345
(See Note 2)
& Ha
504°27'55"E
89.59'
S12°22'41"W
206.05'
S50'46'02"W
139.27'
S42°59'16"W
137.31'
S05`99'05"W
20.06'
504'43'38"E
115.41'
SI4' 'I2"E
8'115'
9�Q
•//�4
/
/
/
/
/
/
\� •//
/
/
7
/
/
/
7
/
s31°02'06"E
90.43'
NOTES:
N
Scale: 1" = 200'
I."This ,document was prepared under 22 T AC .§ .663.21, does not reflect
the results of an on the ground survey, and Is not to be used to convey or
establish Interests In real property except those rights and interest Implied or
established by the creation or reconfiguration of the boundary of the political
subdivision for which It was prepared.'
2. All coordinates shown hereon are referenced to the Texas State Plane
Coordinate System, Sauth Central, Zone,,NAD 83. To convert coordinates
to surface, divide' �by-'`the.:;combfned ; ad Justment factor 'of 0.9998703.
•
•
3. Bearings for Tract I referenced to the southeasterly line (544'16'28"W) of
that certain tract called 155.4029 acres described by an Instrument of record
in .Volume (91) 880, Page 476, B.C.O.R.
4. Bearings for Tract 2 and Annexation Tracts l & 2 referenced to the westerly
line (North) of that certain tract called 79.94. acres described by an instrument of
record In File No. 98-005243, B.C.O.R.
5. Bearings for Annexation Tracts'3 &;.4 referenced to the west line (N00'10'301E).
. y
...�In Volume ��850, Page.;.
of that certain tract �of. laid::=described :b 'Instrument of -record
633, B.C.O.R.
F
EXISTING TRACT
EXISTING TRACT 2
EXISTING TRACT.3.
ANNEXATION TRACT I
ANNEXATION TRACT 2
ANNEXATION TRACT 3
ANNEXATION TRACT 4
MMA1
7.1°3932
79. 932 1
19.5073
39.9600
70. 9825
31,8005
.9. 0275
ACRES
ACRES
ACRES
ACRES
ACRES
ACRES
ACRES
TOTAL
ANNEXATION MAP FOR
AZOIA COUNTY MINICIPAL
['LITY DISTRICT NO. 28
322.6031 ACRES
LOCATED IN THE
Ho M. HUNTER SURVEY, A-76,
8 �m R. CO. SURVEY, SEC. I , A-233
SLJRVEY, SEC. 2 (THE . B. Fa DRAKE SURVEY) , A-507,
B R Rd CO. SURVEY, SEC... 6, A-544
_SURVEY, SEC a 12 (THE B. F. DRAKE SURVEY) , A-508.
BRAZORIA COUNTY, TEXAS.
322.6031 ACRES
JULY 2003 JOB NO. 17I I-0001;17021
LJA r ir�eering & Surveying, Inc.
2929 Ur 1 arpark Drive Phone 713.953. 5200.
SuEto 600 Fax 713.953.5026
Houston, Texas 77042-3703
Ordinance No. 1124
SHEET I OF 3
N89'52'30"E 1342.99'
N00'04'14"E
62.73'
co
co
N89'49'23"E 1321.76'
SPRINGFIELD
BEECHVVOOD
0
Q
NORTH-...(B
VE7
cxl
co
TRACTP
7 9. 9 3 2 I A C R ES
CALLE3 79 . 9G ACRES
MAR` F 1ANCES — DWARDeS
F ILE NO. 98-005243
B.C.O.R,
P.O.B.
ANNEXATION
TRACT l
r nd. RR Spjke
X=3,148?6311
Y=13,700,61346'
(See Note 21
LJ
0
0)
Fnd. %" I.R. W/Cap
Stamped Baker Miller
X-3,I50899.07
Y=I3,760,733.24 � tj
cip
(See Note 2)
S89'59'07"W 1320.00'
WEST 2638.88'
P.O.B.
TRACT 3
Fnd. %" I.A. W/Cap -/
Stamped Baker Miller
X-3,150,923.88
Y=13,760,185.40
(See Note 2)
0
a)
Cd
V)
CALLED 1 . 465 ACRES
SOWELL INTERESTS- PARK5 1 DE.
F I LE NO. 02 -048 8 38
E . C . O . R .
LOT2IA
•
U C7
VT\
L.W. MURDOCK SUBDIVISION
VOLUME 29, PAGE 174, B.C.D.R.
LOT 22-A
survey Line
W
B.F. DRAKE SlAVEY, A-507
( SECT ION 2, H.B. &T. SURVEY)
58973'59"W 807.49'
-
L P
N
Scale: I" = 200'
NOTES:
1, "This document was prepared under 22 TAC 663.21, does not reflect
the results of an on the ground survey, and Is not to be used to convey or
establish Interests In real property except those rights and Interest Implied or
established by the creation or reconfiguration of the boundary of the political
subdivision for which It was prepared.'
2. All coordinates shown hereon are referenced to the Texas State Plane
Coordinate_ System, South Central Zone, NAD 83. To convert coordinates
to 'surface,s'dlvlde 'by' the. combined 'adjustment factor of 0.9998703.
3. Bearings for Tract I referenced to the southeasterly line (S44'16'28"W) of
that certain tract called 155.4029 acres described by an instrument of record
In Volume (91) 880, Page 476, B.C.O.R.
4. Bearings for Tract 2 and Annexation Tracts 1 & 2 referenced to the westerly
line 'North) of that certain tract called 79.94 acres described by an instrument of
record In File No. 98-005243, B.C.O.R.
5. Bearings for Annexation Tracts 3 & 4 referenced to the west line (NO0'10'301E)
of that certain tract of land described by instrument of record in Volume 850, Page
633, B.C.O.R.
ACREAGE SUMMARY
EXISTING TRACT 1
EXISTING TRACT 2
EXISTING TRACT 3
ANNEXATION TRACT I
ANNEXATION TRACT 2
ANNEXATION TRACT 3
ANNEXATION TRACT 4
71.3932 ACRES
79.9321 ACRES
19.5073 ACRES
39.9600 ACRES
70.9825 ACRES
31.8005 ACRES
9.0275 ACRES
TOTAL
322.6031 ACRES
ANNEXATION MAP FOR
BRAZORIA COUNTY MINICIPAL
UTILITY DISTRICT NO. 28
322.6031 ACRES
LOCATED IN THE
D. Ho Mn HUNTER SURVEY, A-7G,
1-1. To & B. R. R. CO. SURVEY, SEC. I , A-233
H. T. & B. R. R. CO. SURVEY, SEC. 2 (THE B. F. DRAKE SURVEY) , A-507,
1H. To & B. R. R. CO. SURVEY, SEC. 6, A-544
& H. TAB. R. R. CO. SURVEY, SEC. 12 (THE B. F. DRAKE SURVEY) , A-508
BRAZORIA COUNTY, TEXAS
JULY 2003 JOB NO. 171 1 -0001 --021
LJA Engineering & Surveying, Inc. LA
2929 Briarpark drive
Suite 600
Houston. Texas 77042-3703
Phone 713.953.5200
Fax 713.953.5026
SHEET 2 OF 3
Fnd. I" I.P.
X=3,143,784.11
Y=13,777,777.84
(See Note 2)
EAST 1016.7V
Fnd. I" I.P.
X=3,141,916.45
Y=13,777,676.95
(See Note 2)
I. "This document was prepared under 22 TAC 5 663.21, does not reflect
the results of an on the ground survey, and Is not to be used to convey or
establish Interests In real property except those rights and Interest Implied or
established by the creation or reconfiguration of the boundary of the political
subdivision for which It was prepared."
2. All coordinates shown hereon are referenced to the Texas State Plane
Coordinate System, South Central Zone, NAB 83. To convert coordinates
to -surface, divide by' the combined adJustment factor of 0.9998703.
3. Bearings for Tract 1 referenced to the southeasterly line (S44`16'28"W) of
that certain tract called 155.4029 acres described by an instrument of record
In Volume (91) 880, Page 476, B.C.O.R.
4. Bearings for Tract 2 and Annexation Tracts I & 2 referenced to the westerly
line (North) of that certain tract called 79.94 acres described by an Instrument of
record In File No. 98-005243, B.C.O.R.
5. Bearings for Annexation Tracts 3 & 4 referenced to the west line (N00'10'30"E)
of that certain tract of land described by Instrument of record In Volume 850, Page
633, B.C.O.R.
EXISTING TRACT 1
EXISTING TRACT 2
EXISTING TRACT 3
ANNEXATION TRACT 1
ANNEXATION TRACT 2
ANNEXATION TRACT 3
ANNEXATION TRACT 4
71.3932 ACRES
79.9321 ACRES
19.5073 ACRES
39.9600 ACRES
70.9825 ACRES
31.8005 ACRES
9. 0275 ACRES
ANNEXATION MAP FOR
BRAZORIA COUNTY MINICIPAL
UTILITY DISTRICT N0. 28
322.6031 ACRES
LOCATED IN THE
D. H. M. HUNTER SURVEY, A-76,
H. T. & B. R. R. CO. SURVEY, SEC. I , A-233
Ho T. & Bo R. R. CO. SURVEY, SEC. 2 (THE B. F. DRAKE SURVEY) , A-507,
Ha T. & B. R. R. CO. SURVEY, SEC. 6, A-544
& He TAB. R. RI CO. SURVEY, SEC. 12 (THE B. F. DRAKE SURVEY) , A-508
BRAZORIA COUNTY, TEXAS
2929 BrtarparR Drive
Suite 600
Houston, Texas 77042-3703
Phone 713.953.5200
Fax 713.953.5026