Ord. 1276 07-10-06ORDINANCE NO. 1276
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, ENLARGING THE BOUNDARIES OF
REINVESTMENT ZONE NUMBER TWO, CITY OF PEARLAND, TEXAS;
AMENDING THE PROJECT PLAN AND REINVESTMENT ZONE
FINANCING PLAN FOR REINVESTMENT ZONE NUMBER TWO, CITY
OF PEARLAND, TEXAS; AUTHORIZING THE CITY SECRETARY TO
DISTRIBUTE SUCH PLANS; CONTAINING FINDINGS AND
PROVISIONS RELATED TO THE FOREGOING SUBJECTS; AND
PROVIDING FOR SEVERABILITY.
WHEREAS, the City of Pearland, Texas (the "City"), pursuant to the provisions of
Chapter 311, Texas Tax Code, created Reinvestment Zone Number Two, City of
Pearland, Texas (the "Zone"), for the purposes of redevelopment of the area of the City
within the Zone; and
WHEREAS, the City may enlarge the boundaries of an existing reinvestment
zone by ordinance pursuant to Section 311.007, Texas Tax Code; and
WHEREAS, the City has received a petition from the owners of a majority in
value of the area proposed to be included in the Zone requesting that the City include
such area in the Zone; and
WHEREAS, the City Council finds that the area proposed to be included in the
Zone is located wholly within the corporate limits of the City and is contiguous to the
existing boundaries of the Zone; and
WHEREAS, the City Council finds that the area proposed for addition to the Zone
is unproductive, underdeveloped and blighted, and, additionally, meets the
requirements of Section 311.005 of the Texas Tax Code because the area to be added
substantially impairs and arrests the sound growth of the City; retards the provision of
housing accommodations; constitutes an economic and social liability and is a menace
to the public health, safety, morals and welfare in its present condition and use because
of the presence of:
(a) the predominance of defective or inadequate sidewalk and street layout;
(b) faulty lot layout in relation to size, adequacy, accessibility or usefulness;
(c) unsanitary or unsafe conditions;
(d) the deterioration of site or other improvements; and
(e) existence of conditions that endanger life or property by fire or other
cause; and is predominantly open and, because of obsolete platting,
Reinvestment Zone 2 Enlarging Boundaries.1276
ORDINANCE NO. 1276
deterioration of structures or site improvements, or other factors,
substantially impairs or arrests the sound growth of the City; and
WHEREAS, the total appraised value of taxable real property in the enlarged
Zone and in any other existing reinvestment zones does not exceed 15 percent of the
total appraised value of taxable real property in the City and any industrial districts
created by the City; and
WHEREAS, the proposed enlarged Zone does not contain more than 15 percent
of the total appraised value of real property taxable by a county or a school district
within whose boundaries the Zone, as enlarged, is located; and
WHEREAS, less than ten percent of the property in the area proposed for
addition to the Zone, excluding property dedicated to public use, is used for residential
purposes; and
WHEREAS, the proposed improvements in the enlarged zone will significantly
enhance the value of all taxable real property in the proposed zone and will be of
general benefit to the City; and
WHEREAS, the Project Plan and Reinvestment Zone Financing Plan adopted in
connection with the creation of the Zone (the "Plans") should be amended to reflect the
addition of the annexed tract, and the Board of Directors of the Zone has approved
changes to the Plans; and
WHEREAS, the City desires to participate in the enlarged area of the Zone in the
same manner as it currently participates in the original area of the Zone; and
WHEREAS, a public hearing on the amendment to the Plans was held in
conformance with the provisions of Sections 311.011(e) and 311.003(c) and (d), Texas
Tax Code;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS THAT:
Section 1. The facts and recitations contained in the preamble of this
Ordinance are hereby found and declared to be true and correct and are adopted as
part of this Ordinance for all purposes.
Section 2. The City, acting under and in accordance with the provisions of
Chapter 311, Texas Tax Code, including Sections 311.005, 311.006 and 311.007(a),
hereby enlarges Reinvestment Zone Number Two, City of Pearland, Texas, by adding
the area described in Exhibit A.
87869
2
ORDINANCE NO. 1276
Section 3. The Zone shall be enlarged as of the effective date of this
Ordinance.
Section 4. The City Council confirms that the boundaries of the enlarged Zone
as amended by this Ordinance shall be the areas described in Exhibit B attached
hereto.
Section 5. The tax increment base for the enlarged Zone shall include the tax
increment base established by the Ordinance designating the Zone and, beginning
January 1, 2007, shall include the tax increment base attributable to the land added to
the Zone by this Ordinance, which shall be January 1, 2006.
Section 6. The Plans are hereby amended as provided in Exhibit C attached
hereto to accommodate the addition of the annexed tract to the Zone. The Plans as
amended (the "Amended Plans") are hereby determined to be feasible and are
approved. The appropriate officials of the City are authorized to take all steps
reasonably necessary to implement the Amended Plans.
Section 7. The City shall participate in the enlarged area of the Zone in the
same manner as it currently participates in the original area of the Zone.
Section 8. The City Secretary is directed to provide copies of the Amended
Plans to each taxing unit currently participating in the Zone.
Section 9. If any provision, section, subsection, sentence, clause or phrase of
this Ordinance, or the application of same to any person or set of circumstances is for
any reason be held to be unconstitutional, void or invalid, the validity of the remaining
provisions of this Ordinance shall not be affected thereby, it being the intent of the City
Council in adopting this Ordinance that no portion hereof or provision or regulation
contained herein shall become inoperative or fail by reason of any unconstitutionally,
voidness or invalidity of any other portion hereof, and all provisions of this Ordinance
are declared to be severable for that purpose.
Section 10. The City Council officially finds, determines, recites and declares
that a sufficient written notice of the date, hour, place and subject of this meeting of the
City Council was posted at a place convenient to the public at the City Hall for the time
required by law preceding this meeting, as required by the Open Meetings Law, TEx.
Gov'T CODE ANN., Ch. 551; and that this meeting was open to the public as required by
law at all times during which this Ordinance and the subject matter thereof was
discussed, considered and acted upon. The City Council further ratifies, approves and
confirms such written notice and the contents and posting thereof.
87869
3
ORDINANCE NO. 1276
PASSED AND APPROVED ON FIRST READING this the 26th day of June, A. D.,
2006.
CITY OF PEARLAN-D,-T XAS
r_________:De,„,., 4
Tom Reid
Mayor
PASSED AND APPROVED ON SECOND AND FINAL READING this the 10th day of
July, A. D., 2006.
APPROVED AS TO FORM:
04......:- k Cra---
Darrin M. Coker
City Attorney
CITY OF PEARLATEXAS
Tom Reid
Mayor
87869
4
.o
EXHIBIT
January 17, 2006
Job No. 1545.2005-TIRZ
DESCRIPTION OF
457 ACRES MORE OR LESS
ANNEXATION TRACT
REINVESTMENT ZONE NO. 2, CITY OF PEARLAND, TEXAS
Being 457 acres, more or less, of land located in the H.T. & B;R.R. Co. Survey, Section 84
(R.B, Lyle) Abstract No. 538, Brazoria County. Texas and Abstract No. 767, Fort Bend County,
Texas and the A.B. Langermann Survey. Abstract No. 555, Fort Bend County, Texas, more
particularly being all of that certain called 2.121 acre tract conveyed to the City of Pearland, Texas
by instrument of record under File No. 2005008365, Official Records, Brazoria County, Texas
(B.C.O.R.), all of the residue of that certain called 160.048 acre tract conveyed to Pearland
Investment Limited Partnership by instrument of record under File No. 03-044886 and File No.
2004059020, B,C.O.R., a of that certain called 80.01 acre tract conveyed to Russell T. Rudy and
Randall D. Rudy by instrument of record under File No, 974)09257, B.C.O.R. and Fite No. 97-
08685, Official Records, For! Bend County, Texas (F.B.C.O.R.), all of that certain called 80 acre
tract conveyed to Harlow Royalties, Inc. by an instrument of record under File No. 95.039382,
B.C.O.R. and File No. 95.70977, F,B.C.O.R., all of that certain called 132.5682 acre tract
conveyed to Pearland 132 Development, Limited Partnership by an instrument of record under Fite
No. 2004148674, Official Public Records, Fort Bend County, Texas (F.B.C-O.P.R.) and a portion of
that certain called 522.62 acre tract conveyed to Ashton Southern Trails Joint Venture by
instrument of record under File No. 04.002615, B.C.O.R., said 457 acres, more or less, being more
particularly, described by metes and bounds as follows_
BEGINNING at a point in the northerly line of the aforementioned H.T.& B.R.R. Co. Survey,
Section 84, the southerly line of the H.T,& B.R.R. Co. Survey, Section 83, Abstract No. 305.
Brazoria County, Texas and being the southeast corner of that certain called 50.981 acre tract
(described as the south` one-half of Davis Tract) conveyed to Ralph S. Davis Jr. in 'Agreed Final
Judgment in Partition" of record under Fite No. 02-060920, B.C.O.R. and File No. 20021.26052,
F.B,C.O.P.R,, the northwest corner of that certain called 522.62 acre tract of land conveyed to
Ashton Southern Trails Joint Venture by instrument of record under File No. 04-002815, B.C.O.R.
and the northeast comer of said 160.048 acre tract;
Page 1 al 4
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.ad,./ere Lam.:riac
.
1st Amendment to TIRZ 2 Project and Financing Plan 15
457 Acres January 17, 2006
Job No. f 545-2005•TIRZ
Thence, EASTERLY, with the northerly Tine of said 522.62 acres, and the common lines of
said H.T.& R.R.R. Co. Survey, Section 84 and said H.T.& B.R.R. Co. Survey, Section 83, 2,640
feet, more or less, to a point on the centerline of County Road No. 48;
Thence, SOUTHERLY; with said centerline of County Road No_ 48, and the common line of
said H.T. & B.R.R. Co. Survey, Section 84, Abstract No. 538 and the H.T. & B.R.R. Co. Survey,
Section 80, Abstract No. 564, 70 feet, more or less to a point for corner;
Thence, WESTERLY, leaving said centerline and common survey Ilne, 2640 feet, mare or
less; to a point on the westerly line of said 522.62 acre tract and the easterly line of said 160.048
acre tract
Thence. SOUTHERLY, along the westerly line of said 522.62 acre tract and the easterly
line of said 160.048 acre tract, passing at a distance of 2,570 feet, more or less, the northwest
corner of Lot 1 of Block 84 of Allison Richey Gulf Coast Horne Company Part of Suburban Gardens
as recorded in Volume 2, Page 98, Plat Records, Brazoria County, Texas (B.C.P.R.), continuing in
all a distance of 5,212 feet, more or less, to a point for corner in the southerly line of said I-t.T,&
B.R.R. Co,, Survey, Section 84, the northerly line of Section 2 of the H,T,& B.R.R. Co. Survey,
Abstract No, 566, Brazoria County, Texas and at the southwest comer of Lot 4 of said Block 84;
Thence, WESTERLY, along the common lines of said H.T,& B.R.R. Co. Survey, Section 84
and said H.T.& B.A.A. Co, Survey, Section 2, a distance of 2,640 feet, more or less, to a point for
corner, same being the southwest of said Section 84 and in the easterly lime of the Manuel
Escalera Survey, Abstract No, 654, Brazoria County, Texas and Abstract No, 169, Fort Bend
County, Texas:
Thence, NORTHERLY, along the common lines of said H.T.&. B.R.R, Co. Survey, Section
84 and, said Manuel Escalera Survey, a distance of 3,194 feet, more or less, to a point for corner,
same being the southeast comer of the aforesaid 132,5682 acre tract and the common east corner
of said Manuel Escalera Survey and the aforementioned A.B. Langermann Survey;
Page 2 of 4
reaur?•ir.+nerasx-mr T zao»+ws,xra..,
1S` Amendment to TIRZ 2 Project. and Financing Plan
16
457 Acres January 17, 2006
Job No, f M5.2005-TIRZ
Thence, WESTERLY, along the common tines of said Manuel Escalora Survey and said
A.B. Langormann Survey and the southerly line of said 132.5682 acre tract, a distance of 3,359
feet, more or less, to a point for corner, sarne being the southwest corner of said 132.5682 acre
tract and in the easterly right-ofway line of F.M. 521
Thence, NORTHEASTERLY, along the common lines of said 132.5662 acre tract and said
F.M. 521, a distance of 2,1056 feet, more or less, to a point for corner, same being the northwest
comer of said 132.5682 acre tract, in the southerly line of that certain called 229.519 acre tract
conveyed to Pearland Investments, Limited Partnership by an instrument of recordunder File No.
1999028261, F,B_C.O,R. and in the northerly line of said A.B. Langermann Survey and in the
southerly line of the Franklin Hooper Survey, Abstract No. 198, Fort Bend County, Texas:
Thence, EASTERLY, along the common lines of said 132,5682 acre tract and said 229.519
acre tract and the common lines of said A.B. Langennann Survey and said Franklin Hooper
Survey, a distance of 2,632 feet, more or less, to a point for corner, same being the common
easterly corner of said A,B. Langermann Survey and said Franklin Hooper Survey and in the
westerly line of the aforementioned H.T& B,R,R. Co. Survey, Section 84;
Thence, NORTHERLY, along the common lines of said Franklin Hooper Survey and said
H.T.& B.R.R. Co. Survey, Section 84, a distance of 158 feet more or Less, to a point for corner,
same being the common westerly corner of said Section 84 and the aforementioned H.T.& B.R.R.
Co. Survey, Section 83 and the common westerly corner of the aforementioned 50,981 acre tract
and the aforementioned 80 acre tract;
Thence, EASTERLY, along the common lines of said H.T.& B.R.R. Co. Survey, Section 84
and said H.T.& B.R.R. Co. Survey, Section 83 and the southerly tine of said 50.981 acre tract, a
distance of 2,640 feet, rnore or less, to the POINT OF BEGINNING and containing 457 acres, more
or less, of land,
Pages of 4
rho-1h rdArr.er.rvxax:rtt
15t Amendment to TIRZ 2 Project and Financing Plan
17
EXHIBIT
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June 16, 2006
Job No. 1545-2006-101
DESCRIPTION OF
457 ACRES, MORE OR LESS
SHADOW CREEK RANCH
CITY OF PEARLAND, TEXAS
TAX INCREMENT REINVESTMENT ZONE NO. 2
TRACT NO. 2
Being 457 acres, more or less, of land located in the H.T. & B.R.R. Co. Survey, Section 84
(R.B. Lyle) Abstract No. 538, Brazoria County, Texas and Abstract No. 767, Fort Bend County,
Texas and the A.B. Langermann Survey, Abstract No. 555, Fort Bend County, Texas, more
particularly being all of that certain called 2.121 acre tract conveyed to the City of Pearland, Texas
by instrument of record under File No. 2005008365, Official Records, Brazoria County, Texas
(B.C.O.R.), all of the residue of that certain called 160.048 acre tract conveyed to Pearland
Investment Limited Partnership by instrument of record under File No. 03-044886 and File No.
2004059020, B.C.O.R., all of that certain called 80.01 acre tract conveyed to Russell T. Rudy and
Randall D. Rudy by instrument of record under File No. 97-009257, B.C.O.R. and File No. 97-
08685, Official Records, Fort Bend County, Texas (F.B.C.O.R.), all of that certain called 80 acre
tract conveyed to Harlow Royalties, Inc. by an instrument of record under File No. 95-039382,
B.C.O.R. and File No. 95-70977, F.B.C.O.R., all of that certain called 132.5682 acre tract
conveyed to Pearland 132 Development, Limited Partnership by an instrument of record under File
No. 2004148674, Official Public Records, Fort Bend County, Texas (F.B.C.O.P.R.) and a portion of
that certain called 522.62 acre tract conveyed to Ashton Southern Trails Joint Venture by
instrument of record under File No. 04-002615, B.C.O.R., said 457 acres, more or less, being more
particularly described by metes and bounds as follows:
BEGINNING at a point in the northerly line of the aforementioned H.T.& B.R.R. Co. Survey,
Section 84, the southerly line of the H.T.& B.R.R. Co. Survey, Section 83, Abstract No. 305,
Brazoria County, Texas and being the southeast corner of that certain called 50.981 acre tract
(described as the south one-half of Davis Tract) conveyed to Ralph S. Davis Jr. in "Agreed Final
Judgment in Partition" of record under File No. 02-060920, B.C.O.R. and File No. 2002136052,
F.B.C.O.P.R., the northwest corner of that certain called 522.62 acre tract of land conveyed to
Page 1 of 4
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457 Acres June 16, 2006
Job No. 1545-2006-101
Ashton Southern Trails Joint Venture by instrument of record under File No. 04-002615, B.C.O.R.
and the northeast corner of said 160.048 acre tract;
Thence, EASTERLY, with the northerly line of said 522.62 acres, and the common lines of
said H.T.& B.R.R. Co. Survey, Section 84 and said H.T.& B.R.R. Co. Survey, Section 83, 2,640
feet, more or less, to a point on the centerline of County Road No. 48;
Thence, SOUTHERLY, with said centerline of County Road No. 48, and the common line of
said H.T. & B.R.R. Co. Survey, Section 84, Abstract No. 538 and the H.T. & B.R.R. Co. Survey,
Section 80, Abstract No. 564, 70 feet, more or less to a point for corner;
Thence, WESTERLY, leaving said centerline and common survey line, 2640 feet, more or
less, to a point on the westerly line of said 522.62 acre tract and the easterly line of said 160.048
acre tract
Thence, SOUTHERLY, along the westerly line of said 522.62 acre tract and the easterly
line of said 160.048 acre tract, passing at a distance of 2,570 feet, more or less, the northwest
corner of Lot 1 of Block 84 of Allison Richey Gulf Coast Home Company Part of Suburban Gardens
as recorded in Volume 2, Page 98, Plat Records, Brazoria County, Texas (B.C.P.R.), continuing in
all a distance of 5,212 feet, more or less, to a point for corner in the southerly line of said H.T.&
B.R.R. Co. Survey, Section 84, the northerly line of Section 2 of the H.T.& B.R.R. Co. Survey,
Abstract No. 566, Brazoria County, Texas and at the southwest corner of Lot 4 of said Block 84;
Thence, WESTERLY, along the common lines of said H.T.& B.R.R. Co. Survey, Section 84
and said H.T.& B.R.R. Co. Survey, Section 2, a distance of 2,640 feet, more or less, to a point for
corner, same being the southwest of said Section 84 and in the easterly line of the Manuel
Escalera Survey, Abstract No. 654, Brazoria County, Texas and Abstract No. 169, Fort Bend
County, Texas;
Page 2 of 4
I :\Projdskl \SURVEY\1545\2006\M& B\TI RZ_Tract_2. doc
457 Acres June 16, 2006
Job No. 1545-2006-101
Thence, NORTHERLY, along the common lines of said H.T.& B.R.R. Co. Survey, Section
84 and said Manuel Escalera Survey, a distance of 3,194 feet, more or less, to a point for corner,
same being the southeast corner of the aforesaid 132.5682 acre tract and the common east corner
of said Manuel Escalera Survey and the aforementioned A.B. Langermann Survey;
Thence, WESTERLY, along the common lines of said Manuel Escalera Survey and said
A.B. Langermann Survey and the southerly line of said 132.5682 acre tract, a distance of 3,359
feet, more or less, to a point for corner, same being the southwest corner of said 132.5682 acre
tract and in the easterly right-of-way line of F.M. 521;
Thence, NORTHEASTERLY, along the common lines of said 132.5682 acre tract and said
F.M. 521, a distance of 2,056 feet, more or less, to a point for corner, same being the northwest
corner of said 132.5682 acre tract, in the southerly line of that certain called 229.519 acre tract
conveyed to Pearland Investments, Limited Partnership by an instrument of record under File No.
1999028261, F.B.C.O.R. and in the northerly line of said A.B. Langermann Survey and in the
southerly line of the Franklin Hooper Survey, Abstract No. 198, Fort Bend County, Texas;
Thence, EASTERLY, along the common lines of said 132.5682 acre tract and said 229.519
acre tract and the common lines of said A.B. Langermann Survey and said Franklin Hooper
Survey, a distance of 2,632 feet, more or Tess, to a point for corner, same being the common
easterly corner of said A.B. Langermann Survey and said Franklin Hooper Survey and in the
westerly line of the aforementioned H.T.& B.R.R. Co. Survey, Section 84;
Thence, NORTHERLY, along the common lines of said Franklin Hooper Survey and said
H.T.& B.R.R. Co. Survey, Section 84, a distance of 158 feet, more or less, to a point for corner,
same being the common westerly corner of said Section 84 and the aforementioned H.T.& B.R.R.
Co. Survey, Section 83 and the common westerly corner of the aforementioned 50.981 acre tract
and the aforementioned 80 acre tract;
Page 3 of 4
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457 Acres June 16, 2006
Job No. 1545-2006-101
Thence, EASTERLY, along the common lines of said H.T.& B.R.R. Co. Survey, Section 84
and said H.T.& B.R.R. Co. Survey, Section 83 and the southerly line of said 50.981 acre tract, a
distance of 2,640 feet, more or less, to the POINT OF BEGINNING and containing 457 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 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"
Page 4 of 4
I:\Projdskl \SURVEY\1545\2006\M&B\TI RZ_Tract_2.doc
LJA Engineering & Surveying, Inc.
June 16, 2006
Job No. 1545-9803-100
DESCRIPTION OF
3467 ACRES, MORE OR LESS
SHADOW CREEK RANCH
CITY OF PEARLAND, TEXAS
TAX INCREMENT REINVESTMENT ZONE NO. 2
TRACT NO. 1
Being 3467 acres of land, more or less, located in the Dupuy and Roberts Survey,
Abstract 726, Brazoria County, William Morris Survey, Abstract 344, Brazoria County, T.C.R.R.
Co. Survey, Section 3, Abstract 678, Brazoria County, T.C.R.R. Co. Survey, Section 4 (John W.
Maxey), Abstract 675, Brazoria County, Obediah Pitts Survey, Abstract 717, Brazoria County,
H.T. & B.R.R. Co. Survey, Section 80 (J.S. Talmage), Abstract 564, Brazoria County, H.T. &
B.R.R. Co. Survey, Section 81, Abstract 300, Brazoria County, H.T. & B.R.R. Co. Survey,
Section 82 (J.S. Talmage), Abstract 565, Brazoria County, H.T. & B.R.R. Co. Survey, Section
83, Abstract 305 in Brazoria County and Abstract 761 in Fort Bend County, S.G. Haynie Survey,
Abstract 212 in Brazoria County and Abstract 620 in Fort Bend County, Franklin Hooper Survey,
Abstract 198, Fort Bend County, George W. McDonald Survey, Abstract 577, Fort Bend County,
I.C. Stafford Survey, Abstract 668, Fort Bend County and the H. Levering Survey, Abstract 279,
Fort Bend County, Texas, said 3467 acres, more or less, being more particularly described as
follows;
BEGINNING at the common north corner of Lots 3 and 4, Block 10 of the ALLISON-
RICHEY GULF COAST HOME CO'S PART OF SUBURBAN GARDENS, SEC.'S 3 & 4,
T.C.R.R. SURVEY AND SEC. 82, H.T. & B.R.R. CO. SURVEY & OBEDIAH PITTS SURVEY, a
subdivision or record in Volume 2, Page 99 of the Plat Records of Brazoria County, Texas
(B.C.P.R.) also being on the common line of the aforementioned T.C.R.R. Co. Survey, Section 4
and the Dupuy and Roberts Survey;
THENCE, SOUTHERLY, 782 feet, more or less, along the common line of said Lots 3
and 4, to a point for corner on the southerly right-of-way line of Farm to Market Road 2234, 160
feet wide;
Page 1 of 4
I :\Proj dsk 1 \SURVEY\ 1545\2006\ M & B\T I RZ_Tract_1. doc
3467 Acres June 16, 2006
Job No. 1545-2006-101
THENCE, EASTERLY, 998 feet, more or less, along said southerly right-of-way line and
its easterly extension, to a point for corner on the west line of the J. Crawley Survey, Abstract
174, Brazoria County, Texas;
THENCE, SOUTHERLY, 3482 feet, more or less, along the west line of said J. Crawley
Survey to a point for corner on the centerline of Hughes Ranch Road, also being the southwest
corner of said J. Crawley Survey;
THENCE, EASTERLY, 421 feet, more or less, along the southerly line of said J. Crawley
Survey and along said centerline of Hughes Ranch Road, to a point for corner on the centerline
of State Highway 288;
THENCE, SOUTHELRY, 5326 feet, more or less, along said centerline of State Highway
288 to a point for corner on the southerly line of County Road 92, 40 foot wide, a dedicated road
as shown on aforementioned ALLISON-RICHEY GULF COAST HOME CO.'S PART OF
SUBURBAN GARDENS;
THENCE, WESTERLY, 9448 feet, more or less, along the southerly line of said County
Road 92, to a point for corner on the west line of aforementioned H.T. & B.R.R. Co. Survey,
Section 80 and the east line of the H.T. & B.R.R. Co. Survey, Section 84 (R.B. Lyle), Abstract
538 in Brazoria County and Abstract 767 in Fort Bend County;
THENCE, NORTHERLY, 20 feet, more or less, along the common line of said H.T. &
B.R.R. Co. Survey, Section 80 and Section 84, to a point for corner, same being the common
corner of said H.T. & B.R.R. Co. Survey, Section 80 and Section 84 and aforementioned H.T. &
B.R.R. Co. Survey, Section 82 and Section 83;
THENCE, WESTERLY, 5280 feet, more or less, along the common line of said H.T. &
B.R.R. Co. Survey, Section 83 and Section 84, to a point for corner on the east line of
aforementioned Franklin Hooper Survey, same being the common west corner of said H.T. &
B.R.R. Co. Survey, Section 83 and Section 84;
Page 2 of 4
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3467 Acres June 16, 2006
Job No. 1545-2006-101
THENCE, SOUHTERLY, 158 feet, more or less, along the common line of said H.T. &
B.R.R. Co. Survey, Section 84 and the Franklin Hooper Survey, to a point for corner, same
being the southeast corner of said Franklin Hopper Survey and the northeast corner of the A.B.
Langerman Survey, Abstract 555, Fort Bend County, Texas;
THENCE, EASTERLY, 2636 feet, more or less, along the common line of said Franklin
Hooper Survey and said A.B. Langerman Survey, to a point for corner on the easterly right-of-
way line of Farm to Market Road 521;
THENCE, NORTHEASTELRY, 9667 feet, more or less, along said easterly right-of-way
line, to a point for corner on the centerline of Clear Creek;
THENCE, NORTHEASTERLY, 1327 feet, more or less, along the centerline of Clear
Creek to a point for corner on the aforementioned southerly right-of-way line of Farm to Market
Road 2234;
THENCE, SOUTHEASTERLY, 1519 feet, more or less, along said southerly right-of-way
line to a point for corner on the Fort Bend and Brazoria County line;
THENCE, NORTHEASTERLY, 577 feet, more or less, along said county line, to a point
for corner at the common corner of Brazoria, Fort Bend and Harris Counties;
THENCE, NORTHEASTERLY, 2426 feet, more or less, along the Brazoria and Harris
County line, to a point for corner in the aforementioned centerline of Clear Creek;
THENCE, EASTERLY, 8250 feet, more or Tess, along the centerline meanders of Clear
Creek to a point for corner on the northerly line of aforementioned Lot 3, Block 10 of said
ALLISON-RICHEY GULF COAST HOME CO.'S PART OF SUBURBAN GARDENS, same
being on the aforementioned common survey line of the T.C.R.R. Co. Survey, Section 4 and the
Dupuy and Roberts Survey;
Page 3 of 4
I:\Projdskl \SURVEY\1545\2006\M&B\TI RZ_Tract_1.doc
3467 Acres June 16, 2006
Job No. 1545-2006-101
THENCE, EASTERLY, 453 feet, more or less, along said north line of Lot 3, Block 10
and said common survey line to the POINT OF BEGINNING and containing 3467 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 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"
Page 4 of 4
I:\Projdskl \SURVEY\1545\2006\M&B\TI RZ_Tract_1.doc
LJA Engineering & Surveying, Inc.
EXHIBIT
,
1 G r
a
REINVESTMENT ZONE NUMBER TWO
CITY OF PEARLAND, TEXAS
1ST AMENDMENT TO PROJECT PLAN
AND REINVESTMENT ZONE
FINANCING PLAN
SHADOW
CREEK
RANCH
CITY COUNCIL
2005-2006 Council Members
Mayor Hon. Tom Reid
Mayor Pro-Tem Hon. Woody Owens
Council Member Hon. Richard Tetens
Hon. Larry Marcott
Hon. Kevin Cole
Hon. Steve Saboe
City Manager William Eisen
1st Amendment to TIRZ 2 Project and Financing Plan 2
BOARD OF DIRECTORS
2005-2006 Board Members
Position 1
Position 2
Position 3
Position 4
Position 5
Position 6
Position 7
Position 8
Position 9
Donna Coleman
State Senator Designee
Gary Davis
State Representative Designee
Nigel Harrison, Chair
City of Pearland Designee
Gary Cook, Vice Chair
City of Pearland Designee
Ken Phillips
City of Pearland Designee
Jo Knight
City of Pearland / Alvin
Independent School District
Designee
Mike Pyburn
Alvin Independent School District
Designee
Ron Castillo
Fort Bend County Designee
Larry Loessin
Brazoria County Designee
Is` Amendment to TIRZ 2 Project and Financing Plan 3
1ST AMENDMENT TOTHE PROJECT PLAN AND
REINVESTMENT ZONE FINANCING PLAN FOR
REINVESTMENT ZONE NUMBER TWO,
CITY OF PEARLAND (SHADOW CREEK RANCH)
I. OVERVIEW
The City of Pearland (the "City") created Tax Increment Reinvestment Zone Number
Two (Shadow Creek Ranch) by City Ordinance No. 891, dated December 21, 1998. The
Project Plan and Reinvestment Zone Financing Plan (the "Plan") was approved by the
Board of Directors of the Zone and adopted by Council on August 23, 1999. The Zone as
originally designated contained 3,467 acres of vacant, undeveloped land generally
bounded by Clear Creek on the north, State Highway 288 on the east, County Road 92
(the extension of FM 518 west of S.H. 288) on the south, and FM 521 on the west.
The Plan describes the purpose of the Zone as financing regional public infrastructure
improvements necessary to develop the Zone as quality mixed -use development creating
a self-sustaining tax base. The chart below summarizes the total estimated Project Cost
for the Zone as approved in the Plan.
Eligible Project Description
Total Estimated Project Cost
Infrastructure &
Administration/Creation
Zone
$109,633,923
City Facilities
$5,000,000
Educational Facilities
$134,100,000
Grand Total
$248,733,923
A Feasibility and Marketing Study performed by American Metro/Study Corporation
found that the proposed development was viable and probable to succeed. In addition to
the City's participation, the Zone secured the participation of both Brazoria County and
Ft. Bend County, and of Alvin Independent School District as reflected in the Plan and as
memorialized in respective Interlocal agreements.
1st Amendment to TIRZ 2 Project and Financing Plan 4
II. REQUEST FOR THE ANNEXATION OF ADDITIONAL LAND
Chapter 311.007(b) of the Texas Tax Code provides that:
The governing body of the municipality or county may enlarge an existing
reinvestment zone to include an area described in a petition requesting
that the area be included in the zone if the petition is submitted to the
governing body of the municipality or county by the owners of property
constituting at least 50 percent of the appraised value of the property in
the area according to the most recent certified appraisal roll for the
county in which the area is located.
On December 19, 2005, Harlow Royalties, Ltd., Randall D. Rudy, Russell T. Rudy
Pearland Investments Limited Partnership and Pearland 132 Development, LP, the
owners of property constituting at least 50 percent of the appraised value in the area,
submitted to the City a petition requesting annexation of approximately 457 acres into
the Zone. The Board of Directors of the Zone has determined that it would be advisable
for additional land to be annexed into the Zone to foster the development of property
adjacent to the Zone and to provide additional public works and improvements. The
Board of Directors on January 30, 2006, approved the preparation of an Amendment to
the Plan (the "Plan Amendment") to accomplish the annexation of approximately 457
acres of vacant land, adjacent to the Zone.
III. PRELIMINARY PROJECT PLAN AMENDMENT
A. Existing Uses and Conditions (311.011(b)(1))
The aerial photo map below reflects the boundaries of the existing Zone and the area
proposed for annexation. The aerial photo shows the proposed annexation area as
vacant. It should be further noted that 287.32 acres are in Brazoria County and 169.56
acres are in Fort Bend County. Upon adoption of this Plan Amendment the boundaries of
the Zone will be amended to include proposed annexation area which is more particularly
described on Exhibit "A" attached hereto.
1St Amendment to TIRZ 2 Project and Financing Plan 5
B. Proposed Improvements and Proposed Uses (311.011(b)(1))
The Plan Amendment is intended to facilitate a program of public infrastructure including
water, wastewater and storm sewer improvements, lakes and channel improvements,
landscape, parks and trails, along with roadway improvements including streets,
improvements to FM 518 (Broadway Street) and related signalization. These public
improvements will allow the Master Developer of Shadow Creek Ranch, Shadow Creek
Ranch Development Company, L.P., to continue in the annexed area with the quality
development currently being constructed in Shadow Creek Ranch, with approximately
1120 single family homes planned along with approximately 614,000 square feet of
commercial development.
Is` Amendment to TIRZ 2 Project and Financing Plan 6
C. Proposed Changes of Municipal Ordinances, Master Plan, or Codes
(311.011(b)(2))
Other than the ordinance required for the annexation of the proposed area into the Zone
this Plan Amendment will not require any change to other ordinances, plans or codes of
the City of Pearland.
D. Non -Project Cost (311.011(b)(3))
This Plan Amendment does not require any change to the Non -Project Costs included in
the Plan.
E. Method of Relocating Persons (311.011(b)(4))
This Plan Amendment does not require any change to the relocation provisions of the
Plan.
1S` Amendment to TIRZ 2 Project and Financing Plan 7
IV. PRELIMINARY REINVESTMENT ZONE FINANCING PLAN
AMENDMENT
A. Estimated Project Costs (311.011(c)(1))
With the adoption of the Plan Amendment the estimated costs of eligible improvements
in the Plan will be amended to include the following additional costs in 2006 dollars:
ELIGIBLE PROJECTS
ESTIMATE OF COST
Infrastructure
Streets
Pavement
$1,634,000
Lighting
$125,900
Water System
$363,000
Wastewater System
$1,029,000
Storm Sewer System
$1,649,000
Lakes & Channels
$5,625,600
Land Cost
$6,675,000
Landscaping & Buffers
$5,573,025
Major Road Infrastructure
FM 518 Improvements
$6,485,600
Traffic Signals
$550,000
Contingencies & Engineering
Contingencies (10%)
$1,733,620
Engineering (15%)
$2,860,473
Master Drainage Plan Costs
$70,000
Environmental Study Costs
$100,000
Subtotal
$34,474,218
Annexation Cost
$250,000
Subtotal
$250,000
TOTAL
$34,724,218
Additionally, Exhibit G to the Plan will be amended to increase the Annual TIRZ
Administration by $25,000 per year.
1st Amendment to TIRZ 2 Project and Financing Plan 8
B. Kind, Number and Location of Proposed Public Improvements
(311.011(c)(2))
The inclusion of the annexed area will enable the Zone, via Master Developer funding
and Zone reimbursement, to facilitate a program of public infrastructure and roadway
improvements necessary to develop the vacant and undeveloped land that is the subject of
this annexation. It is anticipated that the proposed improvements may include the
following:
• Water facilities
LEGEND
•• PROPOSED WATER UNY
NOTE: TP E PROPOSED IMPROVEMENTS ARE
S ECT TO CHANGE PER PINK.
AL ACEXCY APPROVALS,
D DO NOT REQUIRE PLAN
AMENDMENTS.
WATER IMPROVEMENTS MAP
1s` Amendment to TIRZ 2 Project and Financing Plan
9
• Wastewater facilities
U GYN1D
NOTE, TI E P%)PO6PD EMPROVEMENTS ARE
SV TO CHMIOE PFR P[IYPI.
ADMENos
-REQUIRE
PLAN
AMENDMENTS. ALS.
S.NENAAV %ANA
SZVER MPSOV1'MWTTS MAP
wA aa.Pre.Esc. Lit
• Stormwater facilities
• Lakes and channels and associated land costs
• Landscaping and buffers and associated land costs
NOTE: THE PROPOSED EMPROVEMPNIT ARE
SU1UA TO CHANGE PEA PENAL
SNU RW MENTAL
REQUIRE PN APPROVALS.
AMENDMENTS.
LEGEND
_ pitoro4IS wet U4'tINTI(1N APE
Slt RM ATEB 1MPRON'.MENrs MAP
LJA EigrwerEA ' $A EPA EE. Lati
1st Amendment to TIRZ 2 Project and Financing Plan
10
• Paving, lighting, and signalization improvements
• FM 518 (Broadway Street) improvements
NOTE-THE.H�pp��PPPlROOiPO6m IMPROVEMENTS APE
SC�W4RMENTAL CHANCE
AI$.
AN VIMENor P{
NREQUIRE AN
MAND
Ra.W.WIT1 PAVEMENT
9PR.O.W.WRN E- 22.22VL WM SCIONS
IARo,W.WTI[ a-25'efltMENT SECTION) r coN®ESE
Ince, Oa
SWEET MA.
LA4. Eryreerinp.:''.
C. Economic Feasibility Study (311.011(c)(3))
Shadow Creek Ranch has sold over 2,000 homes since opening in 2002. The current
sales rate averages between 20 and 25 homes per week through the efforts of 20 merchant
homebuilders. Homes prices range from $150,000 to $1 million. Even factoring in a 15-
month delay in the start of construction for the development, Shadow Creek Ranch has
produced sales volumes and assessed valuations at or above the original financial
projections for the Zone. Shadow Creek has been recognized at the fastest selling
planned community in the Houston / Pearland market area and is in fact second in the
entire region behind only the Woodlands.
D. Estimate of Bonded Indebtedness to be Incurred (311.011(c)(4))
This Plan Amendment will increase the estimate of bonded indebtedness in the Plan from
the original $114,633,923, by the amount necessary to yield additional net proceeds of
1st Amendment to TIRZ 2 Project and Financing Plan 11
$34,724,218. Both amounts may be adjusted according to the Engineering News Record
Index over the life of the Zone.
E. Time When Related Costs or Monetary Obligations Are To Be Incurred
(311.011(c)(5))
The improvements contemplated in this Plan Amendment will be funded by the Master
Developer, shall be considered Master Developer Improvements as defined in the Plan
and shall be reimbursed according to the provisions of the Plan.
F. Methods of Financing And Sources of Revenue (311.011(c)(6))
The Methods of Financing described in the Plan under F.1 Funding Project Costs remains
unchanged by this Plan Amendment. The Sources of Revenue derived from participating
jurisdictions being asked to participate in the Plan Amendment are summarized in the
chart below. Participation in the Plan Amendment will be memorialized in writing by
Interlocal Agreements to be negotiated.
Taxing Entity
Zone Years
Percent Participation
City of Pearland
8
100% (a)
9-30
100% (b)
Brazoria County
8-30
38%
Fort Bend County
8-10
100%
11-20
75%
21-30
50%
(a) 36% to be repaid as an Administrative Cost, provided never more than $0.255
(b) 64% to be repaid as an Administrative Cost, provided never more than $0.44
G. Total Current Appraised Value (311.011(c)(7))
As previously noted the annexed area is astride two counties, with 287.32 acres in
Brazoria County and 169.56 acres in Fort Bend County. The most current certified
appraised values are the 2005 certified values of the Brazoria County Appraisal District
and the Fort Bend Central Appraisal District as shown below:
1S` Amendment to TIRZ 2 Project and Financing Plan 12
Jurisdiction
Total Current Appraised Value
City of Pearland
$2,905,330
Brazoria County
$1,878,480
Fort Bend County
$1,026,850
The Total Current Appraised Value will be based upon the certified appraised values for
the annexation area as of January 1, 2006, which are not yet available.
H. Estimated Captured Appraised Value (311.011(c)(8))
The base year for this Plan Amendment will be 2006. The chart below shows the base
year value by jurisdiction and the resulting projections for captured appraised value for
the balance of the life of the Zone. Both the value and revenue projections below are
based on 2005 certified values and 2005 adopted tax rates.
Captured Appraised Value Summary
Tax Year
City of Pearland
Brazoria County
Fort Bend County
Base Year
Incremental
Value
Cumulative
Value
Base Year
Incremental
Value
Cumulative Value
Base Year
Incremental
Value
Cumulative
Value
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
2026
2027
2028
2,905,330
-
-
13,551,735
108,637,587
253,534,488
314,790,875
336,390,395
361,178,747
370,379,235
379,855,737
389,616,534
399,670,156
410,025,386
420,691,272
431,677,136
442,992,575
454,647,478
466,652,027
479,016,713
491,752,340
504,870,035
518,381,262
532,297,825
2,905,330
2,905,330
16,457,065
111,542,917
256,439,818
317,696,205
339,295,725
364,084,077
373,284,565
382,761,067
392,521,864
402,575,486
412,930,716
423,596,602
434,582,466
445,897,905
457,552,808
469,557,357
481,922,043
494,657,670
507,775,365
521,286,592
535,203,155
1,878,480
-
-
13,551,735
98,271,667
179,915,906
185,890,898
201,983,500
223,374,818
229,076,361
234,948,950
240,997,716
247,227,946
253,645,082
260,254,733
267,062,673
274,074,851
281,297,395
288,736,614
296,399,011
304,291,279
312,420,316
320,793,223
329,417,318
1,878,480
1,878,480
15,430,215
100,150,147
181,794,386
187,769,378
203,861,980
225,253,298
230,954,841
236,827,430
242,876,196
249,106,426
255,523,562
262,133,213
268,941,153
275,953,331
283,175,875
290,615,094
298,277,491
306,169,759
314,298,796
322,671,703
331,295,798
1,026,850
-
-
-
10,365,920
73,618,582
128,899,977
134,406,895
137,803,929
141,302,874
144,906,787
148,618,818
152,442,210
156,380,303
160,436,540
164,614,463
168,917,724
173,350,083
177,915,413
182,617,703
187,461,061
192,449,720
197,588,039
202,880,507
1,026,850
1,026,850
1,026,850
11,392,770
74,645,432
129,926,827
135,433,745
138,830,779
142,329,724
145,933,637
149,645,668
153,469,060
157,407,153
161,463,390
165,641,313
169,944,574
174,376,933
178,942,263
183,644,553
188,487,911
193,476,570
198,614,889
203,907,357
Note: Base Year will be 2006 and will be updated when 2006 Values are available
The following chart shows the revenue projected to be generated on the captured
appraised value, for each expected participant.
lst Amendment to TIRZ 2 Project and Financing Plan 13
Ad Valorem Revenue Summary
Property Tax Revenue
Tax Year
City of Pearland
Brazoria County
Fort Bend County
Total Annual
Cumulative
Base
Incremental
Total
Base
Incremental Total
Base Incremental Total
Increment
Increment
Revenue
Revenue
Increment
Revenue
Revenue Increment
Revenue Revenue Increment
2006
20,185
-
-
6,799
- -
5,378 - -
-
-
2007
-
-
- -
- -
-
-
2008
30,505
30,505
16,776 16,776
- -
47,281
47,281
2009
244,544
275,049
121,649 138,425
36,646 36,646
402,839
450,120
2010
570,708
845,757
222,715 361,140
260,260 296,906
1,053,683
1,503,802
2011
708,596
1,554,353
230,112 591,252
455,693 752,599
1,394,401
2,898,203
2012
757,217
2,311,570
250,033 841,284
475,161 1,227,760
1,482,411
4,380,614
2013
813,016
3,124,585
276,513 1,117,797
487,171 1,714,931
1,576,699
5,957,313
2014
833,726
3,958,311
283,570 1,401,367
499,540 2,214,471
1,616,837
7,574,150
2015
855,058
4,813,369
290,840 1,692,207
512,281 2,726,752
1,658,179
9,232,328
2016
877,029
5,690,398
298,328 1,990,535
525,404 3,252,156
1,700,761
10,933,089
2017
899,660
6,590,058
306,040 2,296,575
538,921 3,791,077
1,744,621
12,677,710
2018
922,970
7,513,028
313,984 2,610,559
552,843 4,343,919
1,789,796
14,467,506
2019
946,979
8,460,006
322,166 2,932,725
378,122 4,722,041
1,647,266
16,114,772
2020
971,708
9,431,714
330,593 3,263,318
387,968 5,110,009
1,690,269
17,805,041
2021
997,179
10,428,893
339,273 3,602,591
398,110 5,508,120
1,734,563
19,539,604
2022
1,023,414
11,452,308
348,214 3,950,805
408,557 5,916,676
1,780,185
21,319,789
2023
1,050,437
12,502,744
357,423 4,308,228
419,316 6,335,993
1,827,176
23,146,965
2024
1,078,270
13,581,014
366,908 4,675,137
430,399 6,766,391
1,875,577
25,022,542
2025
1,106,938
14,687,951
376,678 5,051,815
441,814 7,208,205
1,925,429
26,947,971
2026
1,136,466
15,824,417
386,741 5,438,555
453,571 7,661,777
1,976,778
28,924,749
2027
1,166,879
16,991,296
397,105 5,835,661
465,681 8,127,458
2,029,666
30,954,415
2028
1,198,206
18,189,502
407,781 6,243,442
478,155 8,605,613
2,084,142
33,038,557
H. Duration of Zone (311.011(c)(9))
The duration of the Zone remains unchanged.
1st Amendment to TIRZ 2 Project and Financing Plan 14
EXHIBIT "A"
January 17, 2006
Job No.1545•2005-TIRZ
DESCRIPTION OF
457 ACRES MORE OR LESS
ANNEXATION TRACT
REINVESTMENT ZONE NO. 2, CITY OF PEARLAND, TEXAS
Being 457 acres, more or less, of land located in the H.T. & B,R;R. Co. Survey, Section 84
(R.B; Lyle) Abstract No. 538, Srazoria County, Texas and Abstract No. 767, Fort Bend County,
Texas and the A:B. Langermann Survey, Abstract No. 555, Fort Bend County, Texas, more
particularly being all of that oertain called 2.121 acre tract conveyed to the City of Pearland, Texas
by instrument of record under File No. 2005008365, O(llicial Records, Brazoria County, Texas
(B.C,O.R.), all of the residue of that certain called 160.048 acre tract oonveyed' to Pearland
Investment Limited Partnership by instrument of record under File No. 03-044886 and Fite No.
2004059020, B,C.O.R., all of that certain called 80.01 acre tract conveyed to Russell T. Rudy and
Randall D. Rudy by instrument of record under Fite No: 97-009257, B,C.O.R. and File No. 97-
08685, Official Records, Fort, Bend County, Texas (F.B.C.0,R.), all of that certain called 80 acre
tract conveyed to Harlow Royalties, Inc. by an instrument of record under File No. 95.039382,
B.0 0.R. and File No, 95.70977, F,6.C.0.R,, all of that certain called 132,5682 acre tract
conveyed to Pearland 132 Development, Limited Partnership by an instrument of record under Fite
No. 2004148674, Official Public Records, Fort Bend County, Texas (F.6_0.0. P_R,) and a portion of
that certain called 522.62 acre tract conveyed to Ashton Southern Trails Joint Venture by
instrument of record under File No. 04-002615, 8.0.0.R., said 457 acres, more or fess, being more
particularly described by metes and bounds as fellows:
BEGINNING at a paint in the northerly line of the, aforementioned H.T_& R.R.R. Co. Surrey,
Section 84, the southerly Ilne of the H.T.& B.R.R. Co. Survey, Section 83, Abstract No. 305,
8rnzeria County, Texas and being the southeast corner of that certain called 50.981 acre tract
(described as the south one-half of Davis Tract) conveyed to Ralph S. Davis Jr. in "Agreed Final
Judgment in Partition" of record under Fite No, 02-060920, 8.0.0.R. and Fite No, 2002136052,
F.B.C,O.P.FL, the northwest corner of that certain called 522.62 acre tract of land conveyed to
Ashton Southern Trails Joint Venture by instrument of record under Fite No: 04-002615, B.C.O.R.
and the northeast comer of said 160.048 acre tract:
Pig 1 of 4
i�rvqurrsar tT.+:x.,:m:7 rat Ytn ,� ,.;.e 2
15t Amendment to TIRZ 2 Project and Financing Plan 15
457 Acres
January 17, 2006
Job No, l 545.2005-TI RZ
Thence, EASTERLY, with the northerly line of said 522.62 acres, and the common lines of
said H.T.& 13.R.R. Co. Surrey, Section 84 and said W.T.& R R.R. Co. Surrey, Section 83, 2,640
feet, more or less, to a point on the centerline of County Road No. 48;
Thence, SOUTHERLY; with said conterline of County Road No. 48, and the oommon line of
said H.T. & B,R,R. Go. Suzy, Section 84, Abstract No. 538 and the H.T. & B.R.R. Co. Survey,
Section 80, Abstract No. 564, 70 feet, more or less to a paint for corner;
Thence, WESTERLY, leaving said centerline and common survey line, 2640 feet, more or
less, to a point on the westerly line of said 522.62 acre tract and the easterly line of said 160.048
acre tract
Thence, SOUTHERLY, along the westerly line of said 522.62 acre tract and the easterly
line of said 160.048 acre tract, passing at a distance of 2,570 feet; more or less, the northwest
career of Lot 1 of Block 84 of Allison Richey Gulf Coast Home Company Part of Suburban Gardens
as recorded in Volume 2, Page 98, Plat Records, Brazoria County, Texas(B.G.F,R,), continuing in
at a distance of 5„212 feet, more or Tess, to a point for corner in the southerly line of said h1,T.&
S.R.R. Co. Survey, Section 84, the northerly line of Section 2 of the H,T.& B.R.R. Co, Survey,
Abstract No, 566, 0razona County, Texas and at the southwest comer of Lot 4 of said Black 84
Thence, WESTERLY, along the common lines of said H,T:& B.R.R. Co; Survey, Section 84
and Said H.T.& S.R.R. Co. Survey, Section 2, a distance of 2,640 feet, more or less, to a point for
corner, same being the southwest of said Section 84 and in the easterly line of the Manuel
Esoalera Survey, Abstract No 654, &razor a County, Texas and Abstract No, 169, Fort Bend
County, Texas;
Thence, NORTHERLY, along the common lines of said H.T.& B:R;R, Co, Survey, Section
84 and said Manuel Escaiera Survey, a distance of 3,194 feet, more or less, to a point for corner,
same being the southeast corner of the aforesaid 132,5682 acre tract and the common east corner
of said Manuel Escalera Survey and the aforementioned A.B. Larxdermann Survey;
Page 2 of 4
,�au,�ss_rr�errr;<tts: n:rs.�.s:< rz.x:,:.
15` Amendment to TIRZ 2 Project and Financing Plan 16
457 Acres January 17, 2006
Job No 1545•2005-TIRZ
Thence, WESTERLY, along the common lines of said Manuel Escalera Survey and said
A,B. Langermann Survey and the southerly line of said 132.5682 acre tract, a distance of 3,359
feet. more or Tess; to a point for corner, same being the southwest corner of said 132.5882 acre
tract and in the easterly right-of-way line of F.M, 521
Thence, NORTHEASTERLY, along the common lines of said 132,5682 acre tract and said
F.M. 521, a distance of 2,056 feet, more or less, to a point for corner, same being the northwest
corner of said 132,5682 acre tract, in the southerly line of that certain called 229.519 acre tract
conveyed to Pear1and Investments, Limited Partnership by an instrument of recordunder File No.
1999028261, F,B.C.O,R and in the northerly line of said A.B. Langermann Survey and in the
southerly line of the Franklin Hooper Survey, Abstract No. 198, Fort Bend County, Texas;
Thence, EASTERLY, along the common lines of said 132,5682 acre tract and said 229.519
acre tract and the common: lines of said A,B. L6ngemiann Survey and said Franklin Hooper
Survey, a distance of 2,632 feet, more or less; to a point for corner, same being the common
easterly corner of said A B. Langerrnann Survey and said Franklin Hooper Survey and in the
westerly line at the aforementioned H.T.& B. R, R. Co. Survey, Section 84;
Thence, NORTHERLY, along the common lines of said Franklin Hooper Survey and said
H.T.& BAR, Co. Survey, Section 84, a distance of 158 feet, more or less, to a point for corner,
same being the common westerly comer of said Section 84 and the aforementioned H.T.& B.R.R.
Co. Survey, Section 83 and: the common westerly corner of the aforementioned 50,981 acre tract
and the aforementioned 80 acre tract;
Thence, EASTERLY, along the common lines of said H.T.& B,R.R, Co. Survey, Section 84
and said H.T.U� B,R,R, Co, Survey, Section 83 and the southerly tine of said 50.981 acre tract, a
distance of 2,840 feet, more or less, to the POINT OF BEGINNING and containing 457 acres, more
or less, of land.
Page9of
15r Amendment to TIRZ 2 Project and Financing Plan 17
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Lloyd Morrow, hereby certify that the notice hereby appended was published
in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris
and Galveston Counties, for / issues, as follows:
No
No
No
No.
No.
Date (o'/z 20E
Date 20
Date 20
Date 20
Date 20
Subscribe' and sworn to before me this /-6--
2010_
•
•
•~' LAURA ANN EMMONS
•
•
• • Notary POlic, State of Texas •
,r.a�a�� Commission Expires 09.09.2006
•
•
•
•'••'••••••••.••••+•dop.♦•:•.•a•.rY+•••
Laura Ann Emmons, Publisher
Notary Public, State of Texas
arh. ,1a . i2.'�
0 f� ��'�ll 1✓ �'7�✓�1/([
4-L1
,[ Published June 14, 2006
' NOTICE OF PUBLIC
HEARING
On June 26, 2006, at 7:00
p.m., the City Council of the
City of Pearland, Texas, will
hold a public hearing to: (1),
consider the addition of the
tract of land described
below to the boundaries of
the Reinvestment Zone No.
12, City of Pearland, Texas
and the amendment of the
Project . Plan and
° Reinvestment • Zone
,Financing Plan (the "Plan')
relating to such zone as
•i Texas and the A.B.
Langermann Survey,
Abstract No. 555, Fort Bend
County, Texas, more partic- , •
ularly being - all - of that ,
certain called 2.121 acre
tract conveyed to the City of
Pearland, Texas by instru-
ment of record under File
No. 2005008365, Official
Records, Brazoria County,
necessary or convenient to ,
• accommodate the increase
in the geographical area of
the zone; and (2) consider
participation by the Alvin 1
Community College District I
in the zone and the amend- 1
ment.of the Plan relating to
participation • by. the Alvin
Community College District
, in the zone. Interested per-
sons, including the owners ;
of property proposed to be
included in the zone, will be
provided ' a reasonable
l,opportunity to be heard for
or against the addition of I
land to the. zone,+ -the con-
cept of tax -increment financ-
ing, the participation by the
,/ Alvin Community College
I District, or any. other matter
related to the zone or the ,
I amendment to the plans.
1 The hearing will take place,
in Council Chambers at City
Hall, 3519 Liberty Drive, r-
Pearland, 'Texas. The tract
• of land • proposed to be
annexed is described as fol- i
lows:
•
DESCRIPTION OF •
457 ACRES MORE
OR LESS
ANNEXATION TRACT
REINVESTMENT ZONE •
NO. 2, CITY OF
• PEARLAND, TEXAS •
•
Being 457 acres, more or
less, of land Ideated in the
H.T. & B.R.R. Co.'Survey,
Section 84 (R.B: Lyle)
Abstract No. 538, Brazoria-
County, Texas and Abstract
No. 767, Fort Bend County,
Texas (B.C.O.R.), all of the
residue of that certain called '
160.048 acre tract con-
veyed to Pearland
Investment Limited
Partnership by instrument of
record under File: No. 03-
044886 and File No.
2004059020, B.C.O.R., all p
of that certain called 80.01
acre tract conveyed to ;
Russell T. Rudy and Randall '
D. Rudy by instrument of •
record under File No. 97- '
0092or,Ir.c.0:R. and Fite'
No. 97-08685, Official ?
, Records, Fort Bend County, l
1 Texas (F.B.C.O.R.), all of)
that certain called 80 acre
tract conveyed to Harlow I
Royalties, Inc. by an instru- 1
ment of record under File
No. 95-039382, B.C.O.R.I
I and File No. 95-70977,1
F.B.C.O.R., all of that certain
I called 132.5682 acre tract
cc- ,ed to Pearland 132
Development, Limited '
Partnership by an instru-1
meet of record under File
No, 2004148674, Official
Public' Records, Fort Bend'
County, Texas
(F.B.C.O.P.R.) and a portion
of that -certain called 522.62 ;
acre _. tract conveyed. to 'I
Ashton Southern Trails Joint
Venture by instrument of '
record under File No. 04-•'1
002615, B.C.O.R., said 457 '
acres, more or less, being
more particularly described
by metes and bounds as
follows:
_ c 1
BEGINNING at a point in the '
• northerly line of the afore-
mentioned H.T.& B.R.R. Co.
Survey, Section, 84, the
--southerly line -'of the- H.T.&
B.R.R. Co. Survey, Section j
83, Abstract No. 305,
• Brazoria County, Texas 'and
being the southeast comer
of that certain called 50.981
acre tract (described as the
south one-half of Davis
Tract) conveyed to Ralph S.
• - Davis Jr. in 'Agreed Final
•• Judgment in Partition' of
'record under File No. 02-
060920, B.C.O.R. and File
No. • 2002136052,
F.B.C.O.P.R., the northwest
comer of that certain called..,
522.62 acre tract of land
conveyed to Ashton
• Southern Trails Joint
Venture by instrument of
record under File No. 04-
002615, B.C.O.R. and the
northeast corner of said':
160.048 acre tract; •
Thence, EASTERLY, with
' the northerly line of said
522.62 acres; and the corn-
mon lines of said H.T.&
B.R.R. Co. Survey, Section
84 and said .H.T.& B.R.R.
Co. Survey, Section 83,::
2,640 feet, more or less; to a
point on the centerline of
County Road No. 48;
{ Thence, SOUTHERLY, with
• said centerline of County
Road No. 48,and the com•
-
mon line of said H.T. &
Survey, Section
84', Abstract No. 538 and the
H.T. & B.R.R. Co. Survey,
Section 80, Abstract No.
' 564, 70 feet, more or less to ,
a point for comer,
Thence, WESTERLY, leav-
ing said centerline and com-
mon_survey line, 2640 feet,'
more or less, to a point on .
the westerly line of said'
~ 522.62 _acre tract and the
easterly line of said 160.048
acre tract -
-
r Thence, SOUTHERLY„
along the westerly line of
said 522:62-acre tract- and
the easterly line of said
160.048. acre tract, passing
l at a distance of 2,570 feet,
more or less, the northwest
comer of Lot 1 of Block 84 of
Allison Richey Gulf Coast
' Home Company Part of
Suburban Gardens I as
' recorded in Volume 2, Page'
98, Plat Records, Brazoria
, County, Texas' (B.C.P.R.),1
, continuing in all• a distance?
of 5,212 feet, more. or Tess,
to a point for comer in tlie;
southerly line of said H.T.&
B.R.R. Co. Survey, Section
84, the northerly line of
, Section 2 of the H.T.&I
B.R.R. Co., Survey, Abstract
No. 566„ Brazoria County,)
Texas and at the southwest!
comer'of Lot 4 of said Block!
84;
•
Thence, WESTERLY, along!
the common lines of said
H.T.& B.R.R. Co. Survey, l
Section 84 and said H.T.& 1
B.R.R. Co. Survey, Section
2, a distance of 2,640 feet, 1
more or less, to a point for \
comer, same being the 1
southwest of said Section ft
84 and in the easterly line of
the Manuel Escalera
Survey, Abstract No. 654, .(
Brazoria County, Texas and j
Abstract No.,169, Fort Bend
County, Texas;
•
• • Thence, NORTHERLY,
along the common lines of
said H:T.& B.R.R. Co.
Survey, Section 84 and said • I
Manuel Escalera Survey, a
1' distance of 3,194 feet, more
or less, to a point for comer, •
same being - the southeast
corner of the aforesaid
132.5682 acre tract and the
common east comer of said
Manuel Escalera Survey
' and the aforementioned I
i A.B. Langermann Survey;
' r
Thence, WESTERLY, along 1
the common lines of said .1
Manuel Escalera Survey .,
and said A.B. Langermann
Survey and the southerly •
line of said 132.5682 acre I
' 'tract, a distance of 3,359 :
feet, more or less, to a point j
for comer, same being the
,- southwest --corner -of said
132.5682 acre tract and 1,0
the easterly right-of-way line)
., of F.M. 521;. , rig','•
21', , •
I❑er1ce, NUM IritHJ1CM- I
LY, along the common lines I
of. said.132.5682_acre tract I
-and said F.M. • 521, .a dis-
tance of 2,056'feet, moreor
less, to a' point for comer,;,
same being' the northwest
- corner of said 132.5682 1
acre tract, ,in the southerly
line of 'that certain called 1
229.519 acre tract con-
veyed to Pearland
Investments, Limited
Partnership by an instru-
mentof record under File
No. • ' 1999028261, J
F.B.C.O.R. and in the
northerly line of said A.B.
Langermann Survey and in
the southerly line. of the
Franklin Hooper Survey,
Abstract No. 198, Fort Bend
County, Texas;
Thence, EASTERLY. _ .krnn'
the common lines of said,'
132.5682 acre tract and said;
229.519 acre tract and the
common lines -of said A:B.
Langermann -Survey and
said ' Franklin Hooper
Survey, a distance of 2,632
feet, more or less, to a point .�
for comer, same being the
common easterly comer of a
said A.B. Langermann'
Survey and said Franklin
Hooper Survey and in the
westerly line of the afore-
mentioned H.T.& B.R.R. Co.
Survey, Section 84;
Thence; NORTHERLY,
, along the common lines of
said Franklin Hooper Survey
and said H.T.& B.R.R..Co.
Survey, Section 84, a dis-
tance of 158 feet; more or
• less, to a point for comer,
same being the' common
westerly corner. of said
Section 84 and the; afore- b
• mentioned H.T.& B.R.R. Co. I
Survey, Section '83 and the
common westerly comer of
the aforementioned' 50.981
acre tract and the aforemen-
tioned 80 acre tract;
Thence, EASTERLY, along
the- common lines of said
H.T.& B.R.R. Co. Survey,,_;
' Section 84 and said. H.T.& 1
IB.R.R. Co. Survey, Section
11 83 andthesoutherly line of
said 50.981 acre tract, a dis-
tance of 2,640 feet, more or
less, to the POINT OF
BEGINNING and. containing
457 acres, more or less, of
land.
This site is accessible to dis-
abled individuals. For spe-
cial assistance, please call
Young Lorfing at
281.652.1655, prior to. the
• meeting so that appropriate
arrangements can be made.
is/ Young Lorfing TRMC- _.
' City Secretary T i