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Ord. 1057 04-08-02ORDINANCE NO. 1057 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 26 OF ONE TRACT OF LAND TOTALING APPROXIMATELY 700.103 ACRES. WHEREAS, Brazoria County Municipal Utility District No. 26 (the "District") is located within the incorporated limits of the City of Pearland, Texas ("City"); and WHEREAS, the City consented to the creation of up to six Municipal Utility Districts by Ordinance No. 1004 dated February 26, 2001; and WHEREAS, Section 54.016, V.T.C.A., Water Code, as amended, provides that no land within the corporate limits of a city or within the extraterritorial jurisdiction of a city, shall be included within a municipal utility district unless such city grants its written consent, by resolution or ordinance, to the inclusion of the land within the district; now, therefore, WHEREAS, the petitioners seek the annexation of 700.103 acres of land into boundaries of Brazoria County Municipal Utility District No. 26, all of which are within the original boundaries of the property referenced by Ordinance No. 1004. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. All of the matters and facts set forth in the preamble hereof are true and correct. Section 2. The "Petition for Consent to Include Additional Land in Brazoria County Municipal Utility District No. 26" (the "Petition") relative to 700.103 acres of land is attached hereto as Exhibit "A" and made a part hereof for all purposes. Section 3. The City Council of the City of Pearland, Texas, hereby specifically gives its written consent to the annexation of the 700.103 acres described in the Petition and the exhibit attached hereto, into the District conditioned upon the terms set forth in Ordinance No. 1004 and Chapter 30, Article IV, Water and Sewer Districts, of the City of Pearland Code of Ordinances. t ORDINANCE NO. 1057 Section 4. This Ordinance shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Pearland and it is accordingly so resolved. PASSED and APPROVED on First Reading this the 25 day of March , A. D., 2002. TOM REID MAYOR ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY PASSED and APPROVED ON SECOND AND FINAL READING this the 8 day of April , A. D., 2002. ATTEST: NG Y SE RETAR TO IVrRE I D MAYOR 2 ORDINANCE NO. 1057 APPROVED AS TO FORM: r-N\ DARRIN M. COKER CITY ATTORNEY 3 1 2 City of Pearland In -City MUD Data Form MUD # BCMUD No. 26 Date: March 15, 2002 General Information Proposed Zoning Classification (also show on map) Projected Date of Completion of All Homes/Businesses Existing Proposed MUD Tract(s) P.U.D. 2012 Existing MUD P.U.D. 2012 Proposed Tract(s) Total 3 Total Acreage 912.311 700.103 1612.414 4 Currently Platted Residential Acreage (including road rights of way) 208.492 0 208.492 5 Currently Platted Commercial Acreage (including road rights of way) 5.700 0 5.700 6 Currently Undeveloped Acreage 452.438 535.989 988.427 7 Projected Undeveloped Acreage to be Platted Residential 336.108 355.889 691.997 8 Projected Undeveloped Acreage to be Platted Commercial 116.330 180.100 296.430 9 Current and Projected Detention & Transmission Utility Easements (acres) 215.940 119.990 335.930 10 All Other Acreage (Landscaping Reserves, Parks, etc) 29.741 44.124 73.865 Note: Lines 7 and 8 should total to Line 6. Lines 4, 5, 6, 9, and 10 should total to Line 3. Line 3 should equal the total acreage in the MUD or the Proposed Tracts. Residential Lots Existing MUD Proposed Tract(sl Total 11 Total Existing and Planned Residential Lots 1680 1112 2792 12 Number of Currently Completed/Occupied Homes 0 0 0 13 Number of Currently Completed Lots 0 0 0 14 Number of Lots Under Construction 533 0 533 15 Number of Future Lots 1147 1112 2259 Note: Lines 12, 13, 14, and 15 should total to Line 11 Proaerty Values Existing MUD Proposed Tract(s) Total 16 Most Recent BCAD Valuation (Date: January 1, 2001) $ 181,881.00 $ 140,179.00 $ 322,060.00 17 Projected Total Valuation at Build Out Date $466,310,815.00 $465,114,131.00 $931,424,946.00 18 Projected Residential Valuation at Build Out $410,390,180.00 $333,483,796.00 $743,873,976.00 19 Projected Commercial Valuation at Build Out $ 55,920,635.00 $131,630,335.00 $187,550,970.00 20 Estimated Average Home Value (Date: January 1, ) NA NA NA 21 Estimated Average Home Value - at Build Out $ 241,646.00 $ 245,470.00 $ 487,116.00 Note: Lines 18 and 19 should total to Line 17 Property Tax Revenues Existing MUD Proposed Tract(s) Total 22 Pre -Development General Fund Taxes @$./$686/100 (Date Jan. 1, 2001) $ 1,247.71 $ 961.63 $ 2,209.34 23 Most Recent Year City Property Taxes @ $.686/$100 $ 1,247.71 $ 961.63 $ 2,209.34 24 Projected City Property Taxes @ $.686/$100 at Build Out $ 3,198,892.19 $ 3,190,682.94 $ 6,389,575.13 25 Most Recent Year MUD Rebate Amount $ - $ - $ - 26 Projected MUD Rebate Amount at Build Out $ 699,466.22 $ 697,671.20 $ 1,397,137.42 Calculations Existing MUD Proposed Tract(sl Total 27 Approx. Net Density at Build Out- Homes/Acre (Line 11/(3-9)) $ 2.41 $ 1.92 $ 2.19 28 Net Annual Revenue to City - Current Estimate (Line 23-25-22) $ - $ - $ - 29 Net Annual Revenue to City - Build Out Estimate (Line 24-26-22) $ 2,498,178.26 $ 2,492,050.11 $ 4,990,228.37 W:LAND\1547\0000\MUDDataForm - Annexation 3/15/2002 City of Pearland In -City MUD Data Form MUD # BCMUD No. 26 Date: March 15, 2002 Existing Subdivisions Within Existing MUD Subdivision Name Area (Acres) Projected Lots Percent Complete SF-1 11.92 41 0 SF-2 (RECORDED) 18.99 67 0 SF-3 (RECORDED) 21.99 69 0 SF-4 10.35 36 0 SF-5 (RECORDED) 18.87 54 0 SF-7A (RECORDED) 13.01 43 0 SF-7B (RECORDED) 18.91 43 0 SF-8A (RECORDED) 13.03 43 0 SF-8B (RECORDED) 14.31 59 0 SF-9A (RECORDED) 20.89 84 0 SF-9B (RECORDED) 37.49 138 0 SF-10 21.44 84 0 SF-11 12.69 33 0 SF-13 13.00 59 0 SF-14A 12.32 56 0 SF-14B 11.89 53 0 SF-15 21.25 85 0 SF-16A 18.81 92 0 SF-16B 14.13 66 0 SF-17 18.62 52 0 SF-18 21.44 104 0 MF-1 29.7 N/A 0 MF-7 17.6 N/A 0 MF-8 7.7 N/A 0 W:LAND\1547\0000\MUDDataForm - Annexation 3/15/2002 City of Pearland In -City MUD Data Form MUD # BCMUD No. 26 Date: March 15, 2002 Proposed Subdivisions Within Annexation Request Subdivision Name Area (Acres) Projected Lots Percent Complete SF-19 21.85 99 0 SF-20A 25.77 62 0 SF-20B 14.82 60 0 SF-21 15.98 58 0 SF-22 16.25 57 0 SF-23 29.78 103 0 SF-24A 25.32 98 0 SF-24B 14.00 52 0 SF-25 19.70 49 0 SF-26 31.90 153 0 SF-27 20.00 59 0 SF-28 14.50 65 0 SF-29 15.60 60 0 SF-30 26.40 137 0 MF-2 23.10 N/A 0 W:LAND\1547\0000\MUDDataForm - Annexation 3/15/2002 City of Pearland In -City MUD Data Form MUD # BCMUD No. 26 Date: March 15, 2002 Existing Non -Residential Businesses Within Existing MUD Business Name Type of Business C-1 COMMERCIAL - RETAIL, OFFICE, RESTAURANT C-2 COMMERCIAL - RETAIL, OFFICE, RESTAURANT C-3 COMMERCIAL - RETAIL, OFFICE, RESTAURANT C-17 COMMERCIAL - RETAIL, OFFICE, RESTAURANT C-18 COMMERCIAL - RETAIL, OFFICE, RESTAURANT C-19 COMMERCIAL - RETAIL, OFFICE, RESTAURANT C-20 COMMERCIAL - RETAIL, OFFICE, RESTAURANT MED-1 HOSPITAUMEDICAL MED-2 HOSPITAL/MEDICAL MED-3 HOSPITAL/MEDICAL DC-1 DAY CARE VISITORS CENTER VISITOR/INFORMATION CENTER CH-1 CHURCH TH-1 TOWNHOMES SCH-1 SCHOOL LIB LIBRARY REC-1 NEIGHBORHOOD RECREATION CENTER W:LAND\1547\0000W1UDDataForm - Annexation 3/15/2002 City of Pearland In -City MUD Data Form MUD # BCMUD No. 26 Date: March 15, 2002 Proposed Non -Residential Businesses Within Annexation Request Business Name Type of Business C-4 COMMERCIAL - RETAIL, OFFICE, RESTAURANT C-5 COMMERCIAL - RETAIL, OFFICE, RESTAURANT C-6 COMMERCIAL - RETAIL, OFFICE, RESTAURANT C-21 COMMERCIAL - RETAIL, OFFICE, RESTAURANT CH-3 CHURCH CH-4 CHURCH CH-5 CHURCH REC-2 NEIGHBORHOOD RECREATION CENTER SCH-2 SCHOOL SCH-3 SCHOOL SNR-1 ASSISTED LIVING/SENIOR HOUSING SNR-2 ASSISTED LIVING/SENIOR HOUSING SNR-3 ASSISTED LIVING/SENIOR HOUSING W:LAND\1547\0000\MUDDataForm - Annexation 3/15/2002 City of Pearland In -City MUD Data Form MUD # BCMUD No. 26 Date: March 15, 2002 Anticipated Future Annexation Requests General Tract Description Area (Acres) Projected Lots None at this time. W:LAND\1547\0000WUDDataForm - Annexation 3/15/2002 PETITION FOR CREATION OF BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 26 THE STATE OF TEXAS COUNTY OF BRAZORIA TO THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION: The undersigned (herein the "Petitioner"), holding title to a majority in value of the land described in Exhibit "A" attached hereto and incorporated herein for all purposes, as indicated by the tax rolls of Brazoria County, Texas, and acting pursuant to the provisions of Chapters 49 and 54, Texas Water Code, together with all amendments and additions thereto, respectfully petitions the Commissioners of the Texas Natural Resource Conservation Commission (the "TNRCC") for the creation of a municipal utility district, and in support thereof would respectfully show the, following: The name of the proposed District shall be BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 26 (herein the "District"). There is no other conservation or reclamation district in Brazoria County, Texas with the same name. The District shall be created and organized under the terms and provisions of Article XVI, Section 59, of the Texas Constitution and Chapters 49 and 54, Texas Water Code, together with all amendments and additions thereto. The District shall have all the rights, powers, privileges, authority and functions conferred by and be subject to all duties imposed by the Texas Water Code and the general laws relating to municipal utility districts. The District shall contain 924.252 acres of land, more or less, situated in Brazoria County, Texas. All of the land to be included in the District is within the corporate boundaries of the City of Pearland, Texas (the "City"). All of the land proposed to be included may properly be included in the District. The land proposed to be included within the District consists of two tracts as described by metes and bounds in Exhibit "A" attached hereto and incorporated herein for all purposes (the "Property"). IV. Petitioner holds fee simple title to property within the proposed District and is the owner of a majority of value of the Property as indicated by the tax rolls of Brazoria County, Texas. V. Petitioner represents that there are no residents on the Property. The only lienholders on the Property are those listed on the attached Exhibit "B." VI. The general nature of the work proposed to be done by the District at the present time is the purchase, construction, acquisition, maintenance and operation of a waterworks and sanitary ::ODMA\MHODMAW ouston;502023;1 sewer system for residential and commercial purposes, and the construction, acquisition, improvement, extension, maintenance and operation of works, improvements, facilities, plants, equipment and appliances helpful or necessary to provide more adequate drainage for the District, and to control, abate and amend local storm waters or other harmful excesses of waters, all as more particularly described in an engineer's report filed simultaneously with the filing of this petition, to which reference is hereby made for more detailed description, and such other purchase, construction, acquisition, improvement, maintenance and operation of such additional facilities, systems, plantsand enterprises as shall be consonant with all of the purposes for which the District is created (the "Project"): VII. There is a necessity for the improvements above described. The territory to be included in said proposed District is located wholly within the corporate boundaries of the City of Pearland, Texas, and will be developed for residential and commercial purposes. There is not available within the area proposed to be --included in the District an adequate waterworks system, sanitary sewer system, or drainage and storm sewer system, and the health and welfare of the present and future inhabitants of the District and of the areas adjacent thereto require the purchase, con- struction, acquisition, maintenance and operation of an adequate waterworks system, sanitary sewer system, and drainage and storm sewer system. VIII. The proposed improvements are feasible and practicable. There is or ,will be an ample supply of water available, and the terrain of the territory to be included in the proposed District is such that a waterworks system, a sanitary sewer system, and drainage and storm sewer system can be constructed at a reasonable cost. IX. A preliminary investigation has been made to determine the cost of the Project and it is now estimated by the Petitioner, from such information as it has at this time, that the cost of the Project will be approximately $66,800,000. WHEREFORE, the Petitioner respectfully prays that this petition be properly filed, as provided by law; that all interested persons be notified of the procedures for requesting a public hearing on this petition as required by 30 Tex. Admin. Code § 293.12; that this petition be set for consideration at a date to be fixed in keeping with the provisions of Chapters 49 and 54, Texas Water Code, and the rules of the TNRCC; that, if necessary, a hearing be held and notice thereof be given as provided in Chapters 49 and 54, Texas Water Code, and the rules of the TNRCC; that this petition be in all things granted; that the District be created and five directors thereof appointed to serve until their successors are duly elected and qualified; and that such other orders, acts, procedure and relief be granted as are proper and necessary and appropriate to the creation and organization of the District, as the TNRCC shall deem proper and necessary. [EXECUTION PAGE FOLLOWS] ::ODMAIMHODMA\Houston;502023;1 -2- RESPECTFULLY SUBMITTED this day of , 2001. PETITIONER PEARLAND INVESTMENTS LIMITED PARTNERSHIP, a Nevada limited partnership By: M.M.L.B. CORPORATION its general partner By: M. M. Collins, President THE STATE OF NEVADA COUNTY OF CLARK This instrument was acknowledged before me on the .rj day of 2001, by M. M. Collins, President of M.M.L.B. CORPORATION, general partnof Pearland Investments Limited' Partnership, a Nevada limited partnership, on behalf of said limited partnership. (SEAL) Nutary Public-::te Ot Neva.da Cc:1nty O`• aark MARiE ELR:NE ROCK My Appo:;,::^ent Expire., 1 No: 93-0932-1 J+:ly %3. 2001 R6-0L. Notary Public, State of Nevada ::ODMA'MHODMA\Houston;502023;1 -3- Exhibit A i April 2, 2001 Job No. 1547-0000-021 DESCRIPTION OF 924.252 ACRES BRAZORIA COUNTY, MUNICIPAL UTILI fY DISTRICT NO. 26 BOUNDARY Being 924.252 acres of land located in the William Morris Survey, Abstract No. 344, T.C.R.R. Co. Survey, Section 3, Abstract No. 678, T.C.R.R. Co. Survey, Section 4, Abstract No. 675, Obediah Pitts Survey, Abstract No. 717 and the H.T. & B.R.R. Co. Survey, Section 82, Abstract No. 565, all Brazoria County, Texas, said 924.252 acres being more particularly described in two (2) parts by metes and bounds as follows (all bearings referenced to the Texas State Plane Coordinate System, South Central Zone); PART ONE BEGINNING at the southeast comer of that certain called 48-acre tract conveyed to Pearland Investments Limited Partnership by instrument of record under File No. 98-050039, Official Records, Brazoria County, Texas (B.C.O.R.), same being on the common line of aforementioned T.C.R.R. Co. Survey, Section 4 and the H.T. & B.R.R. Co. Survey, Section 81, Abstract No. 300, Brazoria County, Texas, also being on the centerline of County Road 92 (40 feet wide); Thence, with the centerline of said County Road 92, South 86° 46' 15" West, at 1808.21 feet pass the common south comer of aforementioned T.C.R.R. Co. Survey, Section 3 and the H.T. & B.R.R. Co. Survey, Section 82, continuing in all a distance of 3796.98 feet to a point for corner; Thence, leaving said centerline, North 03° 13' 45" West, 1180.37 feet to a point for corner; Thence, North 86° 46' 15" East, 99.90 feet to a point for corner; Thence, North 03° 13' 45" West, 371.89 feet to a point for corner; Thence, South 86' 46' 15" West, 650.00 feet to a point for corner; Thence, North 04° 02' 37" West, 2425.04 feet to a point for corner; Thence, North 36' 57" 26" East, 262.80 feet to a point for corner; Thence, South 71 12' 33" East, 509.14 feet to a point for corner; Page 1 of 9 924.252 Acres April 2, 2001 Job No. 1547-0000-021 Thence, North 66° 57' 47" East, 697.63 feet to a point for corner; Thence, North 02° 23' 39" East, 574.50 feet to a point for comer; Thence, North 32' 12' 08" East, 277.72 feet to a point for comer; Thence, North 06° 59' 36" West, 355.44 feet to a point for corner; Thence, North 35° 13' 32" West, 700.00 feet to a point for corner, the beginning of a curve; Thence, 418.63 feet along the arc of a tangent curve to the right having a radius of 1500.00 feet, a central angle of 15° 59' 26" and a chord that bears North 27° 13' 50" West, 417.27 feet to a point for corner; Thence, North 19° 14' 07" West, 126.40 feet to a point for corner, the beginning of a curve; Thence, 336.98 feet along the arc of a tangent curve to the right having a radius of 1200.00 feet, a central angle of 16' 05' 22" and a chord that bears North 11 ° 11' 26" West, 335.87 feet to a point for corner; Thence, North 03' 08' 45" West, 1084.16 feet to a point for corner on the centerline of F.M. 2234; Thence, with said centerline, South 86° 14' 20" West, 857.86 feet to a point for corner; Thence, leaving said centerline, North 03° 16' 31" West, 1202.17 feet to a point for corner on the common line of aforementioned T.C.R.R. Co. Survey, Section 3 and Obediah Pitts Survey, same being the northwest corner of that certain tract of land conveyed to the City of Pearland by instrument of record under File No. 98-011492 of said B.C.O.R.; Thence, with said common survey line and the north line of said City of Pearland tract, North 86° 24' 53" East, 249.05 feet to a point for comer; Thence, leaving said common survey line and said north line, North 01' 57' 12" West, 899.48 feet to a point for corner in the centerline of Clear Creek, same being on a common line of Brazoria County and Harris County; Page 2 of 9 924.252 Acres Apri: 2, 2001 Job No. 1547-0000-021 courses: Thence, with the centerline meanders of Clear Creek and said common county line, the following eight (8) 1) North 86° 25' 07" East, 89.39 feet to a point for corner; 2) South 80° 08' 58" East, 137.51 feet to a point for corner; 3) South 61 ° 07' 06" East, 179.77 feet to a point for corner; 4) South 73° 54' 54" East, 220.86 feet to a point for comer; 5) South 83° 46' 28" East, 167.44 feet to a point for comer; 6). North 82° 50' 33" East, 205.26 feet to a point for corner; 7) South 84° 14' 08" East, 182.41 feet to a point for corner; 8) South 57° 49' 47" East, 245.82 feet to a point for corner, same being the northwest corner of Lot 10, Block P of Allison -Richey Gulf Coast Home Co's Part of Suburban Gardens, a subdivision of record in Volume 2, Page 99, Plat Records, Brazoria County, Texas (B.C.P.R.); Thence, leaving said centerline and said common county line, with the west line of said Lot 10, South 03°- 09' 36" East, 506.87 feet to a point for corner on the common line of aforementioned Obediah Pitts Survey and T. C. R. R. Co. Survey, Section 3, same being the southwest corner of said Lot 10; Thence, with said common survey line and the south line of said Lot 10, North 86° 22' 52" East, 485.00 feet to a point for corner; Thence, leaving said common survey line and said south line, North 03° 09' 36" West, 482.48 feet to a point for corner on the aforementioned centerline of Clear Creek and the common line of Brazoria County and Harris County; Page 3 of 9 924.252 Acres courses; • April 2, 2001 Job No. 1547-0000-021 Thence, with the centerline meanders of Clear Creek and said common county line, the following three (3) 1) North 77' 35' 52" East, 36.39 feet to a point for corner; 2) North 85° 25' 07" East, 400.22 feet to a point for comer; 3) North 88° 38' 24" East, 69.01 feet to a point for comer on the west line of that certain called 0.852 acre tract conveyed to Brazoria County Drainage District No. 4 by instrument of record in Volume (89) 707, Page 96 of said B. C. O. R.; Thence, leaving said centerline and said common county line, with said west line, South 03° 09' 36" East, 492.14 feet to a point for corner on the north line of that certain called 3.31 acre tract conveyed to United Gas Pipeline Co. by instrument of record in Volume 553, Page 315 of said B. C. D. R., same being on the aforementioned common line of the Obediah Pitts Survey and the T. C. R. R. Co. Survey, Section 3; Thence, leaving said west line, with said north line and said common survey line, South 86° 39' 20" West, 20.00 feet to a point for corner, same being the northwest corner of said 3.31 acres; Thence, leaving said common survey line, with the west line of said 3.31 acres, South 03° 09' 36" East, 140.00 feet to a point for corner, same being the southerly corner of said 3.31 acres; Thence, with the south line of said 3.31 acres, North 86° 39' 20" East, 20.00 feet to a point for corner, same being the northeast corner of that certain called 0.919 acre tract of land conveyed to Brazoria County Drainage District No. 4 by instrument of record in Volume (89) 707, Page 90 of said B. C. O. R.; Thence, leaving said south line, with the west line of said 0.919 acre tract, South 03° 09' 36" East, 132.17 feet to a point for corner; Thence, leaving said west lines, South 86° 46' 38" West, 465.30 feet to a point for corner, same being the northwest comer of that certain called 4.00 acre tract conveyed to Sheila J. Ball and Larry J. Ball by instrument of record under File No. 96-040654 of said B.C.O.R.; Page 4 of 9 924.252 Acres Thence, South 03° 15' 50" East, at 406 certain called 1.5720 acre tract conveyed to La 008817 of said B.C.O.R. and continue in all a di way line of aforementioned F.M. 2234; Larry ' April 2, 2001 Job No. 1547-0000-021 .39 feet pass the common west corner of said 4.00 acre tract and the Ball and Sheila J. Ball by instrument of record under File No. 97- stance of 669.30 feet cola point for corner on the northerly right-of- Thence, with said northerly right-of-way line, the following five (5) courses: 1) 2) North 28° 51' 39" East, 56.30 feet to a point for corner; 3) North 61 ° 03' 38" East, 44.35 feet to a point for corner; North 61 ° 03' 38" East, 438.05 feet to a point for comer; 4) South 61 ° 08' 21" East, 35.45 feet to a point for comer; 5) North 61 ° 03' 38" East, 49.74 feet to a point for corner, same being the most easterly southeast comer of that certain 0.032 acre tract conveyed to the State of Texas by instrument of record in Volume (89) 688, Page 167 of said B.C.O.R.; Thence, North 03' 09' 36" West, at 7.94 feet pass the northeast corner of said 0.032 acre tract and the southeast corner of the aforementioned 0.919 acre tract conveyed to Brazoria County Drainage District No. 4, continuing with the east line of said 0.919 acre tract, in all a distance of 541.86 feet to a point for corner on the south line of aforementioned 3.31 acre tract conveyed to United Gas Pipeline Co.; Thence, with said south line, North 86' 39' 20" East, 931.77 feet to a point for corner, same being the southeast corner of said 3.31 acres; Thence, with the east line of said 3.31 acres, North 03' 18' 06" West, 140.00 feet to a point for comer, same being the northeast comer of said 3.31 acres; Thence, with the north line of said 3.31 acres, South 86' 39' 20" West, 931.42 feet to a point for corner, same being the southeast corner of aforementioned 0.852 acre tract conveyed to Brazoria County Drainage District No. 4; Page 5 of 9 924.252 Acres . April 2, 2001 Job No. 1547-0000-021 Thence, leaving said north line, with the east line of said 0.852 acre tract, North 03° 09' 36" Nest, 489.54 feet to a point for corner in the centerline of Clear Creek, same being the common line of Brazoria County and Harris County; Thence, leaving said east line, with the centerline meanders of Clear Creek and said common county line, the following eight (8) courses; 1) North 88° 38' 24" East, 170.12 feet to a point for corner; 2) North 87° 59' 36" East, 181.61 feet to a point for corner; 3) North 75' 57' 23" East, 204.10 feet to a point for comer; 4) South 79° 16' 24" East, 161.06 feet to a point for corner; 5) North 55° 44' 08" East, 229.30 feet to a point for corner; 6) North 85° 42' 40" East, 316.69 feet to a point for corner; 7) North 71 ° 29' 14" East, 340.34 feet to a point for corner; 8) North 80° 28' 35" East, 11.29 feet to a point for corner on the common line of aforementioned Obediah Pitts Survey and the Dupuy & Roberts Survey, Abstract 726, Brazoria County, Texas; Thence, leaving said centerline and said common county line, with said common line of the Obediah Pitts _ Survey and the Dupuy & Roberts Survey, South 03' 19' 33" East, 288.28 feet to a point for corner; 2234; Thence, continuing with said common survey line, North 86' 40' 27" East, 18.04 feet to a point for corner; Thence, leaving said common survey line, South 03° 02' 58" East, 178.46 feet to a point for corner; Thence, North 87° 30' 46" East, 381.58 feet to a point for corner; Thence, South 03° 18' 53" East, 670.47 feet to a point for corner on the aforementioned centerline of F.M. Page 6 of 9 924.252 Acres April 2, 2001 Job No. 1547-0000-021 Thence, with said centerline, South 86' 37' 53" West. 248.42 feet to a point for comer; Thence, leaving said centerline of F.M. 2234, South 03° 20' 28" East, 878.63 feet to a point for corner, same being the southwest comer of Lot 6, Block 10 of Allison -Richey Gulf Coast Home Co's Part of Suburban Gardens, the northwest corner of the aforementioned William Morris Survey and a re-entrant comer of the aforementioned T.C.R.R. Co. Survey, Section 4; Thence, with the common line of said William Morris Survey and said T.C.R.R. Co. Survey, Section 4, also being the south line of said Lot 6 and Lot 7, Block 10 of aforementioned Allison -Richey Gulf Coast Home Co's Part of Surburban Gardens, North 86° 25' 19" East, 907.94 feet to a point for corner; Thence, leaving said common survey line, South 02° 50' 03" East, 433.18 feet to a point for corner; Thence, South 76° 58' 32" West, 208.28 feet to a point for corner; Thence, South 02' 45' 40" East, 1989.40 feet to a point for comer; Thence, South 02° 29' 12" East, 120.09 feet to a point for corner; Thence, South 03° 31' 58" East, 1966.29 feet to a point for comer; Thence, North 86° 52' 04" East, 237.12 feet to a point for corner; Thence, South 03° 55' 09" East, 366.48 feet to a point for corner on the south line of that certain called 202.51 acre tract conveyed to Pearland Investments Limited Partnership by instrument of record under File No. 98- 022936, B.C.O.R.; Thence, with the south line of said 202.51 acres, South 86' 45' 40" West, at 930.13 feet pass the southwest comer of said 202.51 acres and continue with the westerly extension of said south line, in all a distance of 949.04 feet to a point for corner on the east of that certain called 18.155 acre tract of land conveyed to Pearland Investments Limited Partnership by instruments of record under File Nos. 98-041753 and 98-041754 of said B.C.O.R.; Page 7 of 9 924.252 Acres April 2, 2001 Job No. 1547-0000-021 Thence, with the east line of said 18.155 acre tract, South 03° 15' 09"East, 700.96 feet to a point for comer, same being the southeast corner of said 18.155 acre tract, said point also being on the.west line of Block 21 of the Allison -Richey Gulf Coast Home Co's Part of Suburban Gardens, a subdivision or record in Volume 2, Page 99, Plat Record, Brazoria County, Texas; Thence, with the west line of Block 20 and Block 21 of said Allsion-Richey Gulf Coast Home Co's Part of Suburban Gardens, South 03° 14' 22' .East, 2167.10 feet to the POINT OF BEGINNING and containing 919.513 acres of land. PART TWO BEGINNING at the southwest corner of that certain called 7.0564 acre tract conveyed to Pearland Investment Limited Partnership by instrument of record under File No. 98-033800 of said B.C.O.R., same being the southeast coffer of that certain called 0.484 acre tract conveyed to Brazoria County Drainage District No. 4, by instrument of record in Volume (89) 707, Page 84 of said B.C.O.R., also being on the aforementioned northerly line of F.M. 2234; Thence, with the common line of said 7.0564 and 0.484 acre tracts, North 03° 20' 48" West, 489.59 feet to a point for corner; Thence, leaving said common line, North 87° 30' 46" East, 466.34 feet to a point for corner on the east line of said 7.0564 acres; Thence, with the east line of said 7.0564 acres, South 03° 23' 28" East, 398.81 feet to a point for corner on the aforementioned northerly line of F.M. 2234, the beginning of a curve; Thence, with said northerly line of F.M. 2234, the following two (2) courses; 1) 122.97 feet along the arc of a curve to the left, having a radius of 1989.86 feet, a central angle of 03° 32' 27" and a chord that bears South 77° 47' 05" West, 122.95 feet to a point for corner; 2) South 76° 00' 51" West, 351.15 feet to the POINT OF BEGINNING and containing 4.739 acres of land. Said Part One and Part Two containing a total of 924.252 acres. Page 8 of 9 924.252 Acres April 2, 2001 Job No. (547-0000-021 "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" LJA Engineering and Surveying, Inc. Page 9 of 9 Exhibit "B" Lienholders on the Property to be included in the District: F. Carrington Weems, III Benjamin F. Weems Heart -Eye Land Company Tierra Negra Corporation Sturgis and Company, Inc. Maura Ann Hardcastle Heritage Trust Pam Properties, Inc. Charlene Elizabeth Trigg Montgomery, Individually and as Independent Administrator of the Estate of John Harlan Montgomery, Deceased ::O D MA\M H OO MA1H o u ston; 502023:1 THE STATE OF TEXAS COUNTY OF BRAZORIA I, the Secretary of the City of Pearland, Texas, do hereby certify that a signed copy of the. Petition for Consent to the Creation of Brazoria County Municipal Utility District No. 26, Brazoria County, Texas, has been filed in my office. WITNESS MY HAND AND SEAL OF THE CITY, thi 3 day o 2001. Yo g orfing, ' cret'ary Ci , . ' Pearla L•, exas (SEAL) Houston:505237.1