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Ord. 1088 11-25-02 ORDINANCE NO. 1088 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 (BRAZORIA COUNTY MUNICIPAL DISTRICT NO.1); APPROVING A SERVICE PLAN FOR ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES; CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT; CONTAINING A SAVINGS AND SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. 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 October 22, 2002, at 6:30 p.m. and on October 29, 2002, 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 1 ORDINANCE NO.1 088 WHEREAS, the City Council finds and determines that the annexation intended by this Ordinance is in the best interests of the City of Pearl and and benefits the health, safety, and welfare of the citizens of said City; now, therefore, 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 territories 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 520 Acres of land consisting of all of Brazoria County Municipal Utility District No. 1 and adjacent portions of County Road 91 and County Road 89, 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 2 ORDINANCE NO.1 088 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. Savings. All rights and remedies which have accrued in favor of the City under this Chapter and amendments thereto shall be and are preserved for the benefit of the City. Section 5. Severability. If any section or part of this Ordinance be held unconstitutional, illegal or invalid, or the application thereof ineffective or inapplicable as to any 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 3 ORDINANCE NO.1 088 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. Section 6. Effective Date. This Ordinance shall become effective on December 31, 2006. PASSED and APPROVED on First Reading this the 25th day of November , A. D., 2002. t' /~ ' /J 1 _-----.:~) CJ>>l ~ TOM REID MAYOR ATTEST: 4 ORDINANCE NO.1 088 PASSED and APPROVED on Second and Final Reading this the 9th day of December , A. D., 2002. ~..............~~ TOMREfD MAYOR ATTEST: APPROVED AS TO FORM: ~~~ DARRIN M. COKER CITY ATTORNEY 5 EXHIBIT I '11 " METES AND B IPTION 520 ACRES MORE OR LESS OUT OF ABSTRACT NUMBER 242, ABSTRACT NUMBER 547, ABSTRACT NUMBER 548 AND ABSTRACT NUMBER 309 BRAZORIA COUNTY, TEXAS. All that certain 520 acres of land, more or less, being generally located south of Farm Market Road 518, west of Manvel Road Terrace (unrecorded), north of Ashford Cove at Silverlake according to the plat thereof as filed in Volume 19, Page 519-520 Brazoria County Plat Records, east of the Replat of Lakepointe Section One at Silverlake according to the plat thereof as filed in Volume 19, Page 385 Brazoria County Plat Records and east of County Road 89, and being all of Brazoria County Municipal Utility District Number One and the adjacent strips of County Road 89 and County Road 91; All that certain 520 acres of land, more or less, to be annexed into the City of Pearland, and being located in the H. T. & B. R. R. Company Survey, Abstract Number 242, the G. C. Smith Survey, Abstract Number 547, the H. T. & B. R. R. Company Survey, Abstract Number 548 and the H. T. & B. R. R. Company Survey Abstract Number 309, Brazoria County, Texas and being all of Brazoria County Municipal Utility District Number One (called 517..4050 acres) as described in the amended order for filing information dated August 25, 1994 as filed in Official Records of Real Property of Brazoria County at Clerk's File Number 94-034546 and the adjacent portions of County Road 91 and County Road 89; and said 520 acre tract being more particularly described by metes and bounds as follows (bearings and distances based on said amended order for filing information and City of Pearland Ordinance Number 828, dated October 27, 1997); BEGINNING at the intersection of the centerline of Farm Market Road 518 and the southerly line of City of Pearland Ordinance Number 708, dated December 11, 1995, as filed in Official Records of Real Property of Brazoria County at Clerk's File Number 85- 042451 also being the northwest corner of said Brazoria County Municipal Utility District Number One; 1) THENCE the following five (5) courses with the north line of said Brazoria County Municipal Utility District Number One; 2) THENCE N 870 17' 22" E - 451.31' with the centerline of said Farm Market Road 518 to a point; 3) THENCE S 020 42' 38" E - 258.70' to a point; 4) THENCE N 870 17' 22" E - 208.70' with the south line of said City of Pearland Ordinance Number 708 to a point; 5) THENCE N 020 42' 38" W - 258.70' to a point; mud I M&B Page 1 of 4 6) TIriENCE N 870 17' 22" E - 1,099.38' with the centerline of said Farm Market Road 518 and continuing with the north line of said Brazoria County Municipal Utility District Number One to a point; 7) THENCE the following nine (9) courses with the east line of said Brazoria County Municipal Utility District Number One; 8) THENCE S 020 41' 43" E, passing an interior south corner of said City of Pearland Ordinance Number 708 at 500.00', and continuing with the west line of City of Pearland Ordinance Number 923, dated August 30, 1999, a total distance of 1,318.46' to a point; 9) THENCE N 870 19' 50" E - 110.20' continuing with the west line of said City of Pearland Ordinance Number 923, to a point; 10) THENCE N 870 17' 38" E - 549.58' continuing with the west line of said City of Pearland Ordinance Number 923, to a point; 11) THENCE S 020 43' 38" E - 1,327.25' continuing with the west line of said City of Pearland Ordinance Number 923, to a point in the centerline of County Road 91; 12) THENCE S 870 19' 59" W - 1,096.81' with the centerline of County Road 91 to a point; 13) THENCE S 020 24' 59" E - 2,619.55' to a point on the common south line of said Abstract Number 242 and the north line of said Abstract Number 547; 14) THENCE S 020 12' 02" E, passing the north line of City of Pearland Ordinance Number 899, dated April, 1999, at 428.92', and continuing a total distance of 1,318.92' to the southwest corner of said City of Pearland Ordinance Number 899; 15) THENCE S 870 18' 51" W - 3,965.14' with the called centerline of Mary's Creek to a point; 16) THENCE S 020 41' 15" E - 2,309.15' continuing with the east line of said Brazoria County Municipal Utility District Number One to a point; 17) THENCE N 620 33' 51" W - 2,117.17' with the common south line of said Brazoria County Municipal Utility District Number One and the northerly line of Brazoria County Municipal Utility District Number Three as described in an order as filed in Official Records of Real Property of Brazoria County at Clerk's File Number 00- 015022, dated February 3, 2000, to a point; 18) THENCE the following twenty-three (23) courses with the west line of said Brazoria County Municipal Utility District Number One; 19) THENCE N 270 26' 09" E - 472.93' to a point marking the beginning of a curve to the left having a radius of 715.00' and a central angle of 360 58' 55"; mud I M&B Page 2 of 4 20) THENCE with said curve an arc distance of 461.50' and a chord bearing and distance of N 08° 56' 42" E - 453.53' to a point; 21) THENCE N 80° 27' 14" E - 70.00' to a point on a non-tangent curve to the right having a radius of 785.00' and a central angle of 12° 35' 36"; 22) THENCE with said curve an arc distance of 172.54' and a chord bearing and distance of S 03° 14' 58" E - 172.19' to the point of reverse curvature of a curve to the left having a radius of 25.00' and a central angle of 83° 47' 30"; 23) THENCE with said curve an arc distance of 36.56' and a chord bearing and distance of S 38° 50' 55" E - 33.39' to a point; 24) THENCE S 80° 44' 40" E - 101.81' to a point marking the beginning of a curve to the right having a radius of 420.90' and a central angle of 18° 11' 46"; 25) THENCE with said curve an arc distance of 133.67' and a chord bearing and distance of S 71° 38' 47" E - 133.11' to a point; 26) THENCE S 62° 32' 54" E - 36.42' to a point; 27) THENCE N 27° 27' 06" E - 135.00' to a point; 28) THENCE N 06° 31' 27" W - 89.10' to a point; 29) THENCE N 22° 41' 09" W - 395.00' to a point; 30) THENCE S 67° 18' 51" W - 340.00' to a point; 31) THENCE N 22° 41' 09" W - 150.00' to a point marking the beginning of a curve to the left having a radius of 20.00' and a central angle of 90° 00' 00"; 32) THENCE with said curve an arc distance of 31.42' and a chord bearing and distance of N 67° 41' 09" W - 28.28' to a point; 33) THENCE N 22° 41' 09 W - 100.00' to a point on a non-tangent curve to the left having a radius of 20.00' and a central angle to 90° 00' 00"; 34) THENCE with said curve an arc distance of 31.42' and a chord bearing and distance of N 22° 18' 51" E - 28.28' to a point; 35) THENCE N 22° 41' 09" W - 29.14' to a point marking the beginning of a curve to the right having a radius of 785.00' and a central angle of 39° 55' 43"; 36) THENCE with said curve an arc distance of 547.06' and a chord bearing and distance of N 02° 43' 17" W - 536.05' to a point; 37) THENCE N 17° 14' 34" E - 310.48' to a point marking the beginning of a curve to the left having a radius of 715.00' and a central angle of 20° 00' 00"; mud 1 M&B Page 3 of 4 38) THENCE with said curve an arc distance of 249.58' and a chord bearing and distance of N 070 14' 34" E - 248.32' to a point; 39) THENCE N 020 45' 26" W - 17.87' to a point; 40) THENCE N 870 20' 24" E - 189.99' to a point; 41) THENCE N 02045' 26" W - 120.00' to a point; 42) THENCE N 870 20' 24" E - 2,610.53' with the south line of said City of Pearland Ordinance Number 828 and continuing with the west line of said Brazoria County Municipal Utility District Number One to a point; 43) THENCE N 020 40' 01" W - 2,670.99' with the east line of said City of Pearland Ordinance Number 828 and the west right-of-way line of County Road 89 as referenced in said City of Pearland Ordinance Number 828 (Called 80' wide, now 100' wide) to a point; 44) THENCE N 870 19' 59" E - 1,374.93' with the east line of said City of Pearland Ordinance Number 828 and the north right-of-way line of County Road 91 (60' wide) to a point; 45) THENCE N 020 42' 31" W - 1,293.42' with the east line of said City of Pearland Ordinance Number 828 to a point; 46) THENCE N 020 43' 06" W - 1,320.59' with the east line of said City of Pearland Ordinance Number 828 and the east line of said City of Pearland Ordinance Number 708 to the POINT OF BEGINNING and containing 520 acres of land, more or less. "This document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground survey, and is not to be used to conveyor 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." This metes and bounds description is accompanied by a separate plat, drawing or exhibit per Texas Board of Professional Land Surveyor's "General Rules of Procedures and Practices" Section 663.19(9). Compiled by: c.L. Davis & Company Job Number: 11-421-66-1 07/31/2002 Revised 09/04/2002 mud I M&B Page 4 of 4 0- ..c. CIl CIl _ ~:t;;~ ~~~ ~ . :J:JO:p"~ ~~o:::W(,) ~DI<DD l Forest en w c::: ~O 0<( :::::>0 ~~ i I 8! ~ ~ .._ "'t"-inc zt- >- I- z..... :JI- OU u~ <(I- N~~ '00 ~~~ men::::! - I- :I:L1.:J >(0....1 WZ<( On. t=C3 <(- xZ W:J z::lE z <( c c c EXHIBIT ~ i~ CITY OF PEARLAND, TEXAS SERVICE PLAN FOR 520 ACRES OF LAND, MORE OR LESS, CONSISTING OF ALL OF BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NUMBER ONE AND THE ADJACENT PORTIONS OF COUNTY ROAD 91 AND COUNTY ROAD 89, BRAZORIA COUNTY, TEXAS. Generally located south of Farm Market Road 518, west of Manvel Road Terrace (unrecorded), north of Ashford Cove at Silverlake according to the plat thereof as filed in Volume 19, Page 519-520 Brazoria County plat Records, east of the Replat of Lakepointe Section One at Silverlake according to the plat thereof as filed in Volume 19, Page 385 Brazoria County Plat Records and east of County Road 89, and being all of Brazoria County Municipal Utility District Number One and the adjacent strips of County Road 89 and County Road 91. 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 land located adjacent to the city limits and encompassing approximately 520 acres in Brazoria County Texas. The Tract is described by metes and bounds in "Exhibit A-I" and by map in "Exhibit A-2" which are attached to this Plan and to the annexation ordinance of which this Plan is a part. II. 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. III. 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. This Plan will provide a level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance currently provided and available in other parts of the municipality with topography, land use, and population density similar to the Tract. 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. 1 C. Definitions. 1. 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 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. 2. 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. 1. Statutory Services. The statutory services will be provided within the Tract within the period that meets or exceeds that required by State law. The following services will be provided in accordance with Standard Policies and Procedures immediately upon the effective date of the annexation: 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. b. Fire Protection: The Pearland Volunteer Fire Department (VFD) of the City of Pearland will continue serve the area in cooperation with other 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. d. 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 or other approved location and place solid waste in containers approved for the specific type of occupancy. Any person currently being serviced by a privately 2 owned solid waste management service provider may continue to use that service for two years after the effective date of the ' annexation. e. Operation and Maintenance of Water and Wastewater Facilities: Existing public water and wastewater facilities, if any, will be operated and maintained by the City or by private contractor under contract to the City. f. Operation and Maintenance of Road and Streets (including lighting): Existing public roads and streets, including lighting and traffic control devices, if any, will be operated and maintained by the City, subject to the jurisdiction of other governmental entities. State highways and farm-to-market roads remain the primary responsibility of the Texas Department of Transportation, for instance. Existing roadside drainage ditches not maintained under the jurisdiction of another entity will be operated and maintained by the City. g. Operation and Maintenance of Parks, Playgrounds and Swimming Pools: Existing public parks, playgrounds, and swimming pools, if any, will be operated and maintained by the City. Facilities owned and operated by homeowner's associations (HOAs) will continue to be owned and operated by the respective HOAs. h. Operation and Maintenance of Any Other Publicly-Owned F~cility, Building or Service. Existing publicly owned or operated facilities, buildings, or services, if any, will be operated and maintained by the City or by private contractor under contract to the City. 2. Additional Services. Certain services, in addition to the statutory services, will be provided in accordance with Standard Policies and Procedures 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. Residents of the Tract will be eligible for borrowing privileges at City/County libraries on the same basis as current residents. b. Health Services will be provided by the City 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 3 and ordinances against junk motor vehicles, high weeds, unsafe buildings, and illegal dumping of refuse. d. 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. As necessary, 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. Access to the improvements will be in accordance with Standard Policies and Procedures. The improvements shall be completed as soon as reasonably possible and shall be substantially completed within the time period indicated below. 1. Police Protection: Additional capital improvements are not necessary at this time to provide police protection. 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. The Tract will be included with other territory in connection with planning for new, revised, or expanded public safety facilities. 3. Emergency Medical Service: Additional capital improvements are not necessary at this time to provide emergency medical service. The Tract will be included with other territory in connection with planning for new, revised, or expanded public safety facilities. 4. 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. 5. Water and Wastewater Facilities: Additional capital improvements are not necessary at this time to provide water and wastewater service to the Tract. After the effective date of annexation, the cost of future connections to available water and sewer lines will be the responsibility of the Tract owners, as it is within the existing City utility system following standard policies and procedures. After the effective date of annexation, capital recovery charges or impact fees also will be assessed at the time of future connections to the City's utility system or upon issuance of building permits for lots developed within the Tract. The City will make wastewater treatment capacity in existing or future wastewater treatment plants built and operated by the City available for the Tract. The City will make potable water supply from existing or future sources built and operated by the City available to the Tract. The City currently operates its own 4 ground water wells and purchases wholesale surface water via contract from third parties. 6. Roads and Streets (including lighting): 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 in accordance with Standard Policies and Procedures. The Tract will be included with other territory in connection with planning for new, revised, widened, or enlarged roads, streets, or related facilities. 7. Parks, Playgrounds, and Swimming Pools: Additional capital improvements are not necessary at this time to provide such services to the Tract. The Tract will be included with other territory in connection with planning for such facilities. 8. Other Publicly-Owned Facilities, Buildings or Services: All 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. 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 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 5 supersedes all other negotiations, representations, plans and agreements, whether written or oral. 6 AFFIDAVIT OF PUBLICATION \8~'~ The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, Randy Emmons, 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, Harris & Galveston Counties, for I issues, as follows: No. I Date aU q 2002- No. Date 20 No. Date 20 No. Date 20 No. Date 20 ~rf~ ~1J11tl[j President ~l day of D c- -t- Subscribe and sworn to before me this 20 0 z- Laura Ann Emmons, Publisher Notary Public, State of Texas Public Hearing - Annexation (520 acres) Pub. 10/9/02 PUBUC NOTICE NOTICE Of PUBUC HEARING 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 Uberty Drive, Pearland, Texas, at 6:30 P.M. on October 22, 2002, for the pur- pose of considering annexa- tion into the city limits of the foltowing property: All that certain 520 acres of land, more or less, being gen- erally located south of Farm Markel Road 518, west of Manvel Road Terrace (unrecorded), north of Ashford Cove at Silverlake according to the plat thereof as IiIed in Volume 19, Page 519-520 Brazoria County Plat Records, east of the Replat of Lakepointe Section One at Silverlake according to the plat thereof as filed in Volume 19, Page 385 Brazoria County Plat Records and east of County Road 89, and being an of Brazoria County Municipal Utility District Number One and the adja- cent strips of County Road 89 and County Road 91 ; AU that certain 520 acres of land, more or less, to be annexed into the City of Pearland, and being located in the H. T. & B. A. A. Company Survey, Abstract Number 242, the G. C. SmRh Survey, Abstract Number 547, the H. T. & B. A. A. Company Survey, Abstract Number 548 and the H. T. & B. R. A. Company Survey Abstract Number 309, Brazoria County, Texas and being all of Brazoria County Municipal Utility District Number One (called 517.4050 acres) as described in the amended order for fil- ing information dated August 25, 1994 as filed in Official Records of Real Property of Brazoria County at Clerk's File Number 94-034546 and the adjacent portions of County Road 91 and County Road 89; and said 520 acre tract being more particularly described by metes and bounds as follows (bearings and distances based on said amended order for filing infpr- mation and City of Pearland Ordinance Number 828, dated October 27,1997); of said Farm Markel Road 518 and continuing with the north line of said Brazoria County Municipal Utility District Number One to a point; 7) THENCE the following nine (9) courses with the east tine of said Brazoria County Municipal Utility District Number One; 8) THENCE S 02041' 43' E, passing an interior south cor- ner of said City of Pearland Ordinance Number 708 at 500.00', and continuing with the west line of City of Pearland Ordinance Number 923, dated August 30, 1999, a total distance of 1,318.46' to a point; 9) THENCE N 870 19' SO' E 110.20' continuing with the west line of said City of Pearland Ordinance Number 923, to a point; BEGINNING at the intersec- tion of the centerline of Farm Market Road 518 and the southerly line of City of Pearland Ordinance Number 708, dated December 11, 1995, as filed in Official Records of Real Property of Brazoria County at Clerk's File Number 85-042451 also being the northwest comer of . 10) THENCE N 870 17' 38' E said Brazoria County 549.58' continuing wRh the Municipal Utility District west line of said City of Number One; Pearland Ordinance Number 923, to a point; 1) THENCE the following five (5) courses wRh the north line of said, Brazoria County Municipal Utility District Number One; 2) THENCE N 870 17' 22" E 451.31' with the centerline of said Farm Market Road 518 to a point; 11) THENCE S 020 43' 38' E 1,327.25' continuing wRh the west line of said City of Pearland Ordinance Number 923, to a point in the center- line of County Road 91; 12) THENCE S 870 19' 59' W 1,096.81' wRh the centerline 3) THENCE S 020 42' 38' E of County Road 91 to a point; 258.70' to a point; 4) THENCE N 870 17' 22' E 208.70' wRh the south line of said City of Pearland Ordinance Number 708 to a point; 5) THENCE N 020 42' 38' W 258.7()l to a point; 6) THENCE N 67" 17' 22" E 1,099.38' with the centerline 13) THENCE S 020 24' 59' E 2,619.55' to a point on the common south line of said Abstract Number 242 and the north line of said Abstract Number 547; 14) THENCE S 02012' 02' E, passing the north line of City of Pearland Ordinance Number 899, dated April, 1999, at 428.92', and contin- uing a total distance of 1,318.92' to the southwest comer of said City of Peartand Ordinance Number 899; 24) THENCE S 800 44' 40" E 101.81'10 a point marking tha beginning of a curve to tha right having a radius of 420.go' and a central angle of 180 11' 46'; 15) THENCE S 87018' 51' W - 3,965.14' wRh the called centerline of Mary's Creek to a point; 25) THENCE with said curve an arc distance of 133.67' and a chord bearing and dis- tance of S 710 38' 47' E 133.11' to a point; 16) THENCE S 02041'15' E - 2,309.15' continuing with the east line of said Brazoria County Municipal Utility District Number One to a point; 26) THENCE S 620 32' 54' E 36.42' to a point; 27) THENCE N 270 27' 06' E 135.00' to a point; 17) THENCE N 620 33' 51' W 2,117.17' wRh the common south line of said Brazoria County Municipal Utility District Number One and the northerly line of Brazoria County Municipal Utility District Number Three as described in an order as filed in Official Records of Real Property of Brazoria County at Clerk's File Number 00- 015022, dated February 3, 2000, to a point; 18) THENCE the following twenty-three (23) courses with the west line of said Brazoria County Municipal Utility District Number One; 28) THENCE N 060 31' 27' W 89.10' to a point; 29) THENCE N 220 41' 09' W 395.00' to a point; 30) THENCE S 670 18'51'W 340.00' to a point; 31) THENCE N 220 41'09'W 1SO.OO' to a point marking the beginning of a curve 10 the left having a radius of 20.00' and a central angle of goo 00' 00'; 32) THENCE wRh said curve an arc distance of 31.42' and a chord bearing and distance of N 67041' 09' W 28.28' to a point; 19) THENCE N 27026' 09' E 472.93' to a point marking the beginning of a curve to the left having a radius of 715.00' and a central angle of 360 58' SS'; 33) THENCE N 220 41' 09 W 100.00' to a point on a non- tangent curve to the lelI hav- ing a radius of 20.00' and a central angle to goo 00' 00'; 34) THENCE with said curve an arc distance of 31.42' and a chord bearing and distance of N220 18' 51' E 28.28' to a point; 20) THENCE with said curve an arc distance of 461.SO' and a chord bearing and dis- tance of N 080 56' 42' E 453.53' to a point; 21) THENCE N 800 27' 14' E 70.00' to a point on a non-tan- gent curve to the right having a radius of 785.00' and II cen- tral angle of 120 35' 36'; 22) THENCE with said curve an arc distance of 172.54' and a chord bearing and dis- tance of S 030 14' 58' E 172.19' to the point of reverse curvature of a curve to the left having a radius of 25.00' and a central angle of 830 47' 30"; 35) THENCE N 22041'09' W 29.14' to a point marking the beginning of a curve to the right having a radius of 785.00' and a central angle of 390 SS' 43'; 36) THENCE wRh said curve an arc distance of 547.06' and a chord bearing and dis- tance of N 020 43' 17' W 536.05' to a point; 23) THENCE wRh said curve an arc distance of 36.56' and a chord bearing and distance of S 380 SO' SS' E 33.39' to a point; 37) THENCE N 170 14' 34' E 310.48' to a point marking the beginning of a curve to the lelI having a radius of 715.00' and a central angle of 200 00' 00-; 43) THENCE N 020 40' 01" W 2,670.99' with the east line of said City of Peartand Ordinance Number 828 and the west right-of-way line of County Road 89 as refer- enced in said City of Peartand Ordinance Number 828 (Called 80' wide, now 100' wide) to a point; 46) THENCE N 020 43' 06" W 1,320.59' with the east line of said City of Peartand Ordinance Number 828 and the east line of said City of Peartand Ordinance Number 708 to the POINT OF BEGIN- NING and containing 520 acres of land, more or less. "This document was pre- pared under 22 TAC 663.21, does not reflect the results of an on the ground survey, and . is not to be used to conveyor establish interests. in real property except those rights and interests implied or established by the creation or reconrlQuration of the bound- ary of the political subdivision for which it was prepared." This metes and bounds description is accompanied by a separate plat, drawing or exhibit per Texas Board of Professional Land Surveyor's "General Rules of Procedures and Practices" Section 663.19(9). 38) THENCE with said curv~ an arc distance of 249.58 and a chord bearing and dis- tance of N 070 14' 34" E 248.32' to a point; 39) THENCE N 02" 45' 26" I/o 17.87' to . point 40) THENCE N 870 20' 24" E 189.99' to a point; 41) THENCE N 020 45'26" W 120.00' to a point; 42) THENCE N 87" 20' 24" E 2,610.53' with the south line of said City of Pearland Ordinance Number 828 and continuing with the west line of said Brazoria County Municipal Utility District Number One to a point; All interested citizens and property owners are hereby notified of their right to appear and be heard on the matter. 44) THENCE N 870 19' 59" E 1,374.93' with the east line of said City of Pearland Ordinance Number 828 and the north right-of-way line of County Road 91 (60' wide) to a point; Is! Young Lorfing City Secretary 45) THENCE N 020 42' 31" W 1,293.42' with the east line of said City of Peartand Ordinance Number 828 to a point; This site is accessible to dis- abled individuals. For special assistance, such as the need for deaf interpreters or braille materials, please call Young Lorflng at 281-652-1600, prior to the meeting so thet appropriate arrangements can be made. AFFIDAVIT OF PUBLICATION \ ~ Q;~ The Friendswood Reporter News P.O. Box 954 Friendswood, Texas 77546 State of Texas Galveston and Harris Counties , I, Randy Emmons, hereby certify that the notice hereby appended was published in Galveston and Harris Counties in THE REPORTER NEWS, a newspaper of general circulation in Galveston, Harris and Brazoria Counties, for J issues, as follows: No. / Date DcA- /0 20 0 7- No. Date 20 No. Date 20 No. Date 20 No. Date 20 ~fl .J~ ~ President 3ubscribe and sworn to before me this ?:,( day of uC::rG ~o o-Z- Laura Ann Emmons, Publisher Notary Public, State of Texas Public Hearing - Annexation (520 acres) Pub. 10/16/02 Pub.lished Oct. 16,2002 NOTICE OF PUBLIC HEARING ON ANNEXATION Notice is hereby given that a public hearing will be held by the City Council of the City 01 Pearland, Texas, in the Council Chambers, City Hall, 3519 Liberty Drive, Pearland, Texas, at 6:30 P.M. on October 29,2002, lor the pur- pose of considering annexa- tion into the city limits of the lollowing property: All that certain 520 acres 01 land, more or less, being gen. erally located south 01 Farm Market Road 518, west 01 Manvel Road Terrace (unrecorded), north of Ashlord Cove at Silverlake according to the plat thereol as filed in Volume 19, Page 519.520 Brazoria County Plat Records, east of the Replat 01 Lakepointe Section One at Silver lake according to the plat thereol as liled in VOlu~e . 19, Page 385 Brazona County Plat Records and east 01 County Road 89, and being all 01 Brazoria County Municipal Utility District Number One and the adja- cent strips 01 County Road 89 and County Road ~1; All that certain 520 acres 01 land, more or less, to be annexed into the City 01 Pearland, and being located in the H. T. & B. R. R. Company Survey, Abstract Number 242, the G. C. Smith Survey, Abstract Number 547, the H. T. & B. R. R Company Survey, Abstract Number 548 and the H. T. & B. R. R. Company Survey Abstract Number 309, Brazoria County, Texas and being all 01 Brazoria County Municipal Utility District Number One (called 517.4050 acres) as described in the amended order lor fiI. ing inlormation dat~d Au~~st 25 1994 as filed In OffiCial R~cords 01 Real Property 01 Brazoria County at Clerk's File Number 94-034546 and the adjacent portions 01 County Road 91 and County Road 89; and said 520 acre tract being more particularly described by metes and bounds as lollows (bearings and distances based on said amended order lor liling inlor- mation and City 01 Pearland Ordinance Number 828, dated October 27, 1997); BEGINNING at the intersec- tion 01 the centerline 01 Farm Market Road 518 and the southerly line 01 City 01 Pearland Ordinance Number 708 dated December 11, 1995, as filed in Official Records 01 Real Property 01 Brazoria County at Clerk's File Number 85-042451 also being the northwest corner 01 said Brazoria County Municipal Utility District Number One; 1) THENCE the lollowing I!ve (5) courses with the north hne of said Brazoria County Municipai Utility District Number One; 2) THENCE N 870 17' 22" E - 451.31' with the centerline 01 said Farm Market Road 518 to a point; 3) THENCE S 020 42' 38" E - 258.70' to a point; 4) THENCE N 87" 17' 22" E - 208.70' with the south line 01 said City 01 Pearland Ordinance Number 708 to a point; 5) THENCE N 020 42' 38" W - 258.70' to a point; 6) THENCE N 870 17' 22" E - 1,099.38' with the center- line 01 said Farm Market Road 518 and continuing with the north line of said Brazoria County Municipal Utility District Number One to a point; 7) THENCE the lollowing nine (9) courses with the east line 01 said Brazoria County Municipal Utility District Number One; 8) THENCE S 020 41' 43" E, passing an interior south cor- ner 01 said City 01 Pearland Ordinance Number 708 at 500.00', and continuing with the west line 01 City 01 Pearland Ordinance Number 923 dated August 30, 1999, a t~tal distance 01 1,318.46' to a point; 9) THENCE N 870 19' 50" E -110.20' continuing with the west line 01 said City 01 Pearland Ordinance Number 923, to a point; 10) THENCE N 87" 17' 38" E - 549.58' continuing with the west line 01 said City 01 Pearland Ordinance Number 923, to a point; 11) THENCE S 02043' 38" E - 1,327.25' continuing with the west line 01 said City 01 Pearland Ordinance Number 923, to a point in the center- line of County Road 91 ; 12) THENCE S 87" 19' 59" W - 1096.81' with the center- line ~I County Road 91 to a point; 13) THENCE S 020 24' 59" E - 2,619.55' to a point on the common south line of said Abstract Number 242 and the north line of said Abstract Number 547; 14) THENCE S 020.12' 02" E, passing the north hne of City 01 Pearland Ordinance Number 899, dated April, 1999, at 428.92', and contin- uing a total distance 01 1,318.92' to the southwest corner of said City 01 Pearland Ordinance Number 899; 15) THENCE S 870 18' 51" W - 3,965.14' with the called centerline 01 Mary's Creek to a point; 16) THENCE S 02041' 15" E - 2,309.15' continuing with the east line 01 said Brazoria County Municipal Utility District Number One to a point; 17) THENCE N 62033' 51"W - 2, 117.17' with the common south line 01 said Brazoria County Municipal Utility District Number One and the northerly line 01 Brazoria County Municipal Utility District Number Three as described in an order as filed in Official Records 01 Real Property 01 Brazoria County at Clerk's File Number 00- 015022, dated February 3, 2000, to a point; 18) THENCE the lollowing twenty-three (23) courses with the west line 01 said Brazoria County Municipal Utility District Number One; 19) THENCE N 27' 26' 09" E - 472.93' to a point marking the beginning 01 a curve to the left having a radius 01 715.00' and a central angle 01 360 58' 55"; 20) THENCE with said curve an arc distance of 461.50' and a chord bearing and dis- tance 01 N 080 56' 42" E - 453.53' to a point; 21) THENCE N 800 27' 14" E - 70.00' to a point on a non- tangent curve to the right having a radius 01 785.00' and a central angle 01120 35' 36"; 22) THENCE with said curve an arc distance 01 172.54' and a chord bearing and distance 01 S 030 14' 58" E - 172.19' to the point 01 reverse curvature 01 a curve to the left having a radius 01 25.00' and a central angle 01 830 47' 30"; 23) THENCE with said curve an arc distance 01 36.56' and a chord bearing and distance 01 S 38' 50' 55" E - 33.39' to a point; 24) THENCE S 800 44' 40" E .- 101.81' to a point marking the beginning 01. a cUMl to the right having a radius 01 420.90' and a central angle 01 180 11' 46"; 25) THENCE with said curve an arc distance 01 133.67' and a chord bearing and dis- tance 01 S 710 38' 47" E - 133.11' to a point; 26) THENCE S 620 32' 54" E - 36.42' to a poin!; 27) THENCE N 270 27' 06" E -135.00' to a point; 28) THENCE N 060 31' 27" W - 89.10' to a point; 29) THENCE N 220 41' 09" W - 395.00' to a point; 30) THENCE S 670 18' 51" W - 340.00' to a point; 31) THENCE N 22041'09" W - 150.00' to a point marking the beginning 01 a curve to the left having a radius 01 20.00' and a central angle 01 900 00' 00"; 32) THENCE with said curve an arc distance 01 31.42' and a chord bearing and distance 01 N 670 41' 09" W - 28.28' to a point; 33) THENCE N 220 41' 09 W - 100.00' to a point on a non-tangent curve to the left having a radius 01 20.00' and a central angle to 900 00' 00"; 34) THENCE with said curve an arc distance 01 31.42' and a chord bearing and distance 01 N 220 18' 51" E - 28.28' to a point; 35) THENCE N 220 41' 09" W - 29.14' to a point marking the beginning of a curve to the right having a radius of 785.00' and a central angle of 390 55' 43"; 46) THENCE N 020 43' 06" W - 1,320.59' with the east line of said City of Pearland Ordinance Number 828 and the east line of said City of Pearland Ordinance Number 708 to the POINT OF BEGIN- NING and containing 520 acres of land, more or less. 36) THENCE with said curve an arc distance of 547.06' and a chord bearing and dis- tance of N 02043' 17" W- 536.05' to a point; 40) THENCE N 870 20' 24" E -189.99' to a point; "This document was pre- pared under 22 TAC 663.21, does not refleclthe results of an on the ground survey, and is not to be used to conveyor establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the bound- ary of the political subdivision for which it was prepared." This metes and bounds description is accompanied by a separate plat, drawing or exhib~ per Texas Board of Professional Land Surveyor's "General Rules of Procedures and Practices" Section 663.19(9). 37) THENCE N 170 14' 34" E - 310.48' to a point marking the beginning of a curve to the left having a radius of 715.00' and a central angle of 200 00' 00"; 38) THENCE with said curve an arc distance of 249.58' and a chord bearing and dis- tance of N 070 14' 34" E - 248.32' to a point; 39) THENCE N 020 45' 26" W -17.87' to a poi(lt; 41) THENCE N 020 45' 26"W - 120.00' to a point; All interested citizens and property owners are hereby notified of their right to appear and be heard on the mailer. 42) THENCE N 870 20' 24" E - 2,610.53' with the south line of said City of Pearland Ordinance Number 828 and continuing with the west line of said Brazoria County Municipal Utility District Number One to a point; Is! Young Lorfing City Secretary 43) THENCE N 02040' 01" W - 2,670.99' with the east line of said City of Pearland Ordinance Number 828 and the west right-of-way line of County Road 89 as refer- enced in said City of Pearland Ordinance Number 828 (Called 80' wide, now 100' wide) to a point; This site is accessible to dis- abled individuals. For special assistance, such as the need for deaf interpreters or braille materials, please call Young Lorfing at 281-652-1600, prior to the meeting so that appropriate arrangements can be made. 44) THENCE N 870 19' 59" E -1,374.93' with the east line of said City of Pearland Ordinance Number 828 a.nd the north right-of-way line of County Road 91 (60' wide) to a point; Doc# 2006002240 # PaQes 23 01/11/2006 ~:i3PM OffiCIal Records of BRAZORIA COUNTY JOYCE HUDMAN COUNTY CLERK Fees $104.00 ""1 (. .t.,t11'r:,r. M.;~,(~rt:;."l'l""" 45) THENCE N 020 42' 31" W - 1,293.42' with the east line of said City of Pearland Ordinance Number 828 to a point; Doc# 2121121601Z12240 PEARLAND T E X A S 1 CERTIFICATION THE STATE OF TEXAS § COUNTIES OF BRAZORIA, HARRIS & FORT BEND. § ORIGINAL I, Young Lorfing, City Secretary of the City of Pearland, Texas, hereby certify that the attached constitutes a true and correct copy of ORDINANCE NO. 1088; duly passed and approved on its Second and Final Reading by the City Council on the 9th day December, 2002. Witness my hand and seal of the City of Pearland, Texas, this 9th day of January, 2006, at Pearland, Texas. 4t,,����',..,,'yr ..`��� Q�PRLA4 .1? O . TP rlr,N t t t 111lva`,`` . ng L ,fir y Secary RECORDER'S MEMORANDUM: At the time of recordation, this instrument was found to be inadequate for the best photographic reproduction because of illegibility, carbon, or photo -copy, discolored paper, etc. All blockouts, additions and changes were present at the time the instrument was filed and recorded. 3519 LIBERTY DRIVE • PEARLAND, TEXAS 77581-5416 • 281-652-1600 • www.ci.pearland.tx.us '.� Printed on Recycled Paper