R2022-176 2022-08-22RESOLUTION NO. R2022-176
A Resolution granting the consent of the City Council of the City of
Pearland, Texas, consenting to the annexation of approximately 49.654
acres, (CR 100 at Harkey Road), into Brazoria County Municipal Utility
District No. 69.
WHEREAS, Brazoria County Municip al Utility District No. 69 (the "District") is located
wholly within the corporate limits of the City of Pearland, Texas ("City"); and
WHEREAS, Section 54.016 of the Texas Water Code provides that land within a
city’s corporate boundaries may not be included within a district without the city’s written
consent; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City Council of the City of Pearland, Texas, gives its written
consent to the annexation of 49.654 acres, as more accurately described in Exhibit “A”
attached hereto, into the boundaries of Brazoria County Municipal Utility District No. 69,
subject to the conditions attached hereto as Exhibit “B,” which conditions apply to all land in
the District.
PASSED, APPROVED and ADOPTED this the 22nd day of August, A.D., 2022.
____________________________
J. KEVIN COLE
MAYOR
ATTEST:
_____________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
APPROVED AS TO FORM:
________________________________
DARRIN M. COKER
CITY ATTORNEY
DocuSign Envelope ID: 2BED3E07-4DC7-44A0-AA5C-D8B4A12C4614
ix‘
l*'/xhihrt ,1’age1 of2
Brazona
Massey Oaks MUD No.69...221079 R
Job Number:4084—MUD2
FIELD NOTES FOR 49.654 ACRES
BRAZORIA C()U.\"l‘Y MUD Nu.69
TRACT 2
Being a tract of land containing 49 (154 acres located within the CW.Crroos Survey,
/\bstraet—525,Bra7.oriaCounty,Texas and being all ofa called 49,654 acre tract (Tract 2)
recorded in the name of MO LB,L P.,a Texas limited partnership in lirazoria County
Clerk’s File (B.C .Nurnlicr (No.)2021083487.Said 49,654 acre tract being more
particularly described by nretes and bounds as follows (all bearings are referenced to the
Texas Coordinate System of 1983 (NAD83),South Central Zone):
BEGINNING at a “Railroad Rail“found on the north line ofa called 72.584 acre tract
recorded in the name ofMassey Oaks Development 1,1‘.in B...‘\1o,2017051899,for
the southwest comer ofsaid 49.654 acre true from which a 5/8—ruchiron rod with Miller
Survey Group (MSG)cap found on the east line of a called 33.298 acre tract (Tract 2)
recorded in the name oi‘Massey Oaks Development LP and being the northwest comer of
said 72.584 acre tract,bears South 87 degrees 17 minutes East,a distance of 12.2 feet;
Thence,North 02 degrees 42 minutes 08 seconds West,a distance of2,2l2.44 feet along
the west line of said 49.654 acre tract to a 5/8-inch iron rod found at the easterly
southeast corner ofa called 1.1852 acre tract recorded in the name ofthe City of Pearland
in B.C.C.F.No.2011044376 also being the southwest corner of a called 5.!)I 80 acre tract
recorded in the na.me of the City of Pearland in B.C.C.F.No.2009032506 fur the
northwest comer of the herein described tract;
Thence,South 51 degrees 41 minutes 48 seconds East,a distance of 1,749.17 feet along
the southwest line ofsaid 5.6180 acre tract to a 5/'8—irrehiron rod found on the east line of
said 49.054 acre tract and marking the southeast eorner of said 5.6180 acre tract for the
northeast corner of the herein described tract;
Tlrerrcc,South [)2 degrees 42 minutes 08 seconds East,a distance of 1,064.75 feet to a
3/4~inch iron pipe found on the north line of a called 13.655 acre Houston Lighting and
Power Fcc Strip rceorded in Volume 114‘),Page 240,in the Brazoria County Deed
Records (B.C,D.R.)for the southeast corner of said 49.654 acre tract and the herein
Exiiibit Page 2 of2
Thence,with the noith line ofsaid 13.655 acre tract and said 72.584 acre tract,South 87
degrees 17 minutes 52 seconds West,a distance of 1,320.00 feet to the POINT OF
BEG INNINC and C0l11d.1I1il‘Ag49.654 acres oflzmd.
This document was prepared under 22 TAC 663.21,does not re?ect the results of an on
the ground survey,and is not to be used to convey or establish intern s in real property
except those rights and interests implied or established by the creation or recon?guration
ofthe boundary oft1iepn1itica1 subdivision f0rwhic1\it was prepared.
,"3 1
Anthony .
Texas Rog.
Miller Survey Group
www.mi11ei'surVey.com
Texas Firm Reg.10047100
P11:(713)413-1900
March 30,2022
Revised Date:May 3,2022
Revised Date:Ju1y (1,2022
1\/1&8 N017/l1079R
CONSENT CONDITIONS
1.The City of Peariand,Texas (the ”Ciiy“),through its City Managar,and thedeveloperonbehalfoftheDistrictshallenterintoandexecuteautilityservicesagreornantinsuhstsniriallytheformrrtirrohadheretoasExlrlbit“J-I,"in spaoity the terms and conditionsforprovidingwaterarrdsewagetreatmentservicestotheDistrict(the ‘Utility Agreement").UpontheDistrict’:creation and confirmation,the District shall assume all the rights,obligations,andinterestsufthradevelopersundertheUtilityAgrearnent,as set forth therein,
2.Followingfinal approval by the City of the ?rst preliminaryplat in the.District,all
meetingsof the Districtconductedin accordancewith tho Texas Open Mectings Act shall be held
withinthe City's incorporatedlimits.
3.The Districtmay issue bands.including rstiurdirrgbonds,for any pltrposoaautlrorimibylaw,including but not limited to,purchasing,ro?rrancing,designing and
constructing,or otherwise acquiring wuterworirssystems,sanitary sewer‘systems,storm sewer
systems,and drainage facilities,roads and r-ecr-aationai facilities or parts of such
systems or facilities,and to malre any and all necessary purchases,constructions,improvarnents,
extcnsions,additions,and reprrirs thereto,and to purchaseor acquire all necessary land,right-of—
way,easements,sites,oquipment,buildings,plants,airucturcs,rind facilities therefore,and to
operate and maintaintho same,and to soil water‘,sanitary sewer,and other serviceswithin the
boundariesof the Disniot.All bondsissued by the Districtshallcomply with thefollowingterms:
a)Provide that the I)r'atr'iot reservestho right to redeem said hands
on any date subsequent to the ??ceuth (15th)nnrriversaryofthe
date of issuancu (or any earlier data at the discretionof the
District)without premium,and none of such bonds,other than
refundingbonds,will be sold for less than 95%of par;provided
that the net effective interestrate on bandsso sold,taking into
account any discount or premium as well as the interest rate
borneby such bonds,will not exceedtwo percent (2%)above
thchighest average interestrate rapcrtod by the Daily Bond
Buyer in its weekly "20 Bond index"during the one-month
period next preceding the date oftirc sulc of such bonds.
b)The Districtshallnotfhnd more tluur24 months capitalizedinterest .
in a single bond issue.
c)Bond issuance:shall provide for payment of no less than 40%of
the principalwithinthefirsthalfof the bondmaturityschedule.
d)The District's initial bond debt maturitydata shall not exceed 35
years.Subsequent bondissuancos that cxoocdthe maturity date for
consentconditionedordelayed.a)No additionalland may ha annexed into the Districtunlessthe CityCounciladoptsaresolutiongrantingitsconsenttotheannexation,f)Bach yonrtho Districtshallprovide a copy oithe orderestablishingitsadvaiorerntaxraintotheCityDirectorofFinancewithin30daysa?er the Distr'ict’sadoptionof the mic.g)Eachyear the District airallpr-ovir:ia.acopy of its annual auditto theCityFinanceDirectorwithin30daysoft]-re Dian-ir:t'sncceptarrcoofthenndit.
ii)The resolutionauthorizingthe Issuancenf the Dislricfs bondsshallcontainapmvislenthatthepledgeofanyrevenuesfromtheoperationcftheDistrict'swnter nnd sewer and/or drainage
system nothe payment of the District's bands will lennimatewhenandiftheCityannexe:the District,takes over the assets
of the District,and assumesnil ofthe obligationsnfthe Di.-atrict.
4.Beforethe commencement of any constructionwithinthe District,its dinsuloxe,e?icels,or developersand landuwnelswill submit to the City,or to its designated representative,allplanx and speci?cations for the constructioncfwater,sanitary sewer and drainage FacilitiestoservetheDis?ict and obtain the approval cf such plans and speci?cations therefmm.All waterwhile.water meters,?ushing valves.valves,pipes,and appurtenances thereto,installedor usedwithintheDistrict,will conformto the speci?cations of the City.All water service lines andsewerservicelint.-z,ll?stations,and appmtensuoes lherem,installedor used within the DistrictwilleampiywiththeCity's standardplans and speciticsticns as‘amended from time to time.Prior to the constructionof such fwiiitins withinnr by the Dishict,the Districtor its engineerwillgivewrittennoticebyregisteredorcerti?ed mail to the City,stating the date thut suchconstructionwillbecaminencetl.The constmetionof the District'swater,sanitary sewer,anddrainagefacilitieswillbeinaccordancewiththeapprovedplansandspeci?cations and withapplicablestandardsandspeci?cations of the City;and during the progress of the constructionandinstallationofsuchfacilities,the City may make pcrinclle on-the-yound inspections..
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