R2006-129 08-28-06
RESOLUTION NO. R2006-129
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, APPROVING THE ANNEXATION BY
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 34 OF
APPROXIMATELY 73.397 ACRES OF LAND.
WHEREAS, Brazoria County Municipal Utility District No. 34 (the "District") is
located within the corporate limits of the City of Pearland, Texas ("City"); and
WHEREAS, Section 54.016, V.T.C.A., Water Code, as amended, provides
that no land within the corporate limits of a city or within the extraterritorial
jurisdiction of a city, shall be included within a municipal utility district unless such
city grants its written consent, by resolution or ordinance, to the inclusion of the land
within the district; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
Section 1. All of the matters and facts set forth in the preamble hereof are
true and correct.
Section 2. The City Council of the City of Pearland, Texas, hereby
specifically gives its written consent to the annexation of approximately 73.397 acres
as described further in Exhibit "A" attached hereto, into the District.
Section 4. This Resolution 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.
RESOLUTION NO. R2006-129
PASSED and APPROVED ON FIRST AND ONLY READING this the 28th
day of August, A. D., 2006.
~~
10
MAYOR
ATTEST:
APPROVED AS TO FORM:
~ft,~
DARRIN M. COKER
CITY ATTORNEY
2
City of Pearland
In-City MUD Application Checklist
BRAZORIA COUNTY MUNICIPAL UTITLITY DISTRICT NO. 34
July 21, 2006
Attach this sheet as a cover to the completed information and check each box.
~ully completed City of P earl and In-City MUD Data Form.
iiiExisting Subdivisions Form.
OOroposed Subdivisions Form.
Ii'~xisting Non-Residential Businesses Form.
i3yroposed Non-Residential Businesses Form.
ii1j\nticipated Future Annexations Form.
I!:iVicinity map of the entire City on a 24 x 36 sheet clearly showing location of the existing
in-city MUD (if applicable) and the proposed annexation tract(s) - 12 copies. Show the
existing and proposed zoning (if di fferent) for each existing MUD tract and each proposed
tract to be annexed.
~etailed map of each tract (1 "=200' scale) - 12 copies, and an AutoCAD drawing file
j(.DWG) on CD or 3-1/2" floppy disk (Texas State Plane South Central NAD 83).
~Fully completed and signed annexation petitions with metes and bounds boundary
descriptions for all tracts - 12 copies.
Consent by the City of Pearland for in-city MUD creations and annexations into existing in-city
MUDs is not final until the adoption on second reading of the creation/annexation ordinance.
The annexation/creation ordinance will only be considered simultaneously with the first and
second readings of the zoning ordinance, if required, for the property under consideration. The
applicant is advised to examine the schedule requirements for the zoning process to ensure
timely consideration of this application.
Due to changes in market conditions and other variables, neither the MUD nor the developer(s)
guarantee any of the projections or estimates provided in this Application.
Trails Development Ltd.,
a Texas limited partnership
By: Trails Development Ltd. a Texas limited
partnership, its general partner
J:\1500\151000102 Annexation\75509 front cover.doc
City of Pearland
In-City MUD Data Form
MUD # 34
July 21,2006
Existing
MUD
PUD
2009
Existing
Proposed
Area MUD Tract(s) Total
3 Total Acreaqe 522.63 73.4 596.03
4 Currently Platted Residential Acreage (including road riqhts of way) 113.09 0 113.09
5 Currently Platted Commercial Acreage (includinq road riqhts of way) 0 0 0
6 Currently Undeveloped Acreaqe 291.18 64.1 355.28
7 Projected Undeveloped Acreage to be Platted Residential 288.78 54.1 342.88
8 Projected Undeveloped Acreaqe to be Platted Commercial 2.4 10 12.4
9 Current and Projected Detention & Transmission Utility Easements (acres) 66.9 8.3 75.2
10 All Other Acreaqe (Landscaping Reserves, Parks, etc) 51.46 1 52.46
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(s)
Total
11 Total Existinq and Planned Residential Lots 1439 167 1606
12 Number of Currently Completed/Occupied Homes 0 0 0
13 Number of Currently Completed Lots 215 0 215
14 Number of Lots Under Construction 0 0 0
15 Number of Future Lots 1224 167 1391
Note: Lines 12, 13, 14, and 15 should total to Line 11
Existing
Proposed
Property Values MUD Tract(s) Total
16 Most Recent BCAD Valuation (Date: December 31,2005) $ 1,311,400 $ 1,269,420 $ 2,580,820
17 Projected Total Valuation at Build Out Date $ 327,875,000 $ 38,987,000 $ 366,862,000
18 Projected Residential Valuation at Build Out $ 324,775,000 $ 30,275,000 $ 355,050,000
19 Proiected Commercial Valuation at Build Out $ 3,100,000 $ 8,712,000 $ 11,812,000
20 Estimated Averaqe Home Value (Date: December 31,2005) NA NA NA
21 Estimated Averaqe Home Value - at Build Out $ 226,000 $ 175,000 $ 401,000
Note: Lines 18 and 19 should total to Line 17
Existing
Proposed
Property Tax Revenues MUD Tract(s) Total
22 Pre-Development General Fund Taxes @$.I$6744/100 (Date: 1/1/06) $ 8,844 $ 8,561 $ 17 ,405
23 Most Recent Year City Property Taxes @ $.6744/$100 $ 8,844 $ 8,561 $ 17,405
24 Projected City Property Taxes @ $.6744/$100 at Build Out $ 2,211,189 $ 262,928 $ 2,474,117
25 Most Recent Year MUD Rebate Amount ($0.15/100) $ 1,967 $ - $ 1,967
26 Projected MUD Rebate Amount at Build Out ($0.15/100) $ 491,813 $ 58,481 $ 550,293
Existing Proposed
MUD Tract(s) Total
$ 3.16 $ 2.57 $ 3.08
$ (1,967.10) $ $ (1,967.10
$ 1,710,532.42 $ 195,886.86 $ 1,906,419.28
7/21/2006
1 of 6
73.397 Acre Annexation.
City of Pearland
In-City MUD Data Form
MUD # 34
July 21, 2006
Existing Subdivisions Within Existing MUD
Projected Percent
Subdivision Name Area (Acres) Lots Complete
Southern Trails 477.74 1439 15%
Southern Trails West 100.5 354 0%
7/21/2006
2of6
73.397 Acre Annexation.
City of Pearland
In-City MUD Data Form
MUD # 34
July 21, 2006
Proposed Subdivisions Within Annexation Request
Projected Percent
Subdivision Name Area (Acres) Lots Complete
Ridqe Rock 73.4 167 0%
7/21/2006
3 of 6
73.397 Acre Annexation.
Business Name
N/A
7/21/2006
4 of 6
73.397 Acre Annexation.
City of Pearland
In-City MUD Data Form
MUD # 34
July 21, 2006
Existing Non-Residential Businesses Within Existing MUD
Type of Business
N/A
Business Name
To Be Determined
7/21/2006
5 of 6
73.397 Acre Annexation.
City of Pearland
In-City MUD Data Form
MUD # 34
July 21, 2006
Proposed Non-Residential Businesses Within Annexation Request
Type of Business
General Business/Office
City of Pearland
In-City MUD Data Form
MUD # 34
July 21, 2006
Anticipated Future Annexation Requests
Projected
General Tract Description Area (Acres) Lots
23-Acre at Broadway and CR 48 23 70
7/21/2006
6 of 6
73.397 Acre Annexation.
EXHIBIT
i 'A l~
April21,2006
Job No. 1997-0601-201
DESCRIPTION OF
73.397 ACRES
PROPOSED ANNEXATION TRACT FOR
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 34
Being 73.397 acres of land located in the H.T. & B.RR Co. Survey, Section 80 (A.KA)
J.S. Talmage Survey, Abstract 564, Brazoria County, Texas, more particularly being portions of
Lots 39 and 51 and all of Lots 40, 41 and 47-50 of said Section 80, of the Allison Richey Gulf
Coast Home Company Part of Suburban Gardens, a subdivision of record in Volume 2, Page
98, Plat Records, of said Brazoria County, being all of that certain called 10.0 acre conveyed to
William C. Walsh, by instrument of record in File No. 93-032264, Official records, of said
Brazoria County (B.C.O.R), being all of that certain called 10.0 acre tract conveyed to William
C. Walsh, by instrument of record in File No. 97-040867, B.C.O.R, being all of that certain
called 20.0 acre tract conveyed to William C. Walsh, by instrument of record in File No. 96-
008394, B.C.O.R, being all of that certain called 1.7 acre tract conveyed to Larry Campbell, by
Sheriff's Deed of record in File No. 04-002109, B.C.O.R, being all of that certain tract of land
conveyed to Kyle Tauch and James Johnson, by instrument of record in File No. 04-004509.
B.C.O.R, all of that certain tract of land conveyed to Kyle Tauch and James Johnson, by
instrument of record in File No. 2004012547, B.C.O.R, being all of that certain called 13.3333
acre tract (described as Tract II) conveyed to Trails Development, LTD., by instrument of record
in File No. 2005012118, B.C.O.R, and being all of that certain called 5.0000 acre tract
(described as Tract I) conveyed to Trails Development, LTD., by instrument of record in File No.
2005012118, B.C.O.R, said 73.397 acre tract being more particularly described by metes and
bounds as follows, all bearings referenced to the west line of that certain called 120.134 acre
tract record in Volume (90)820, Page 217, B.C.O.R;
BEGINNING on the common line of said H.T. & B.RR Co. Survey, Section 80 and the
H.T. & B.RR Co. Survey, Section 81, Abstract 300, same being the common east corner of
Lots 50 and 51 of Section 80, and being the common west corner of Lots 4 and 5 of Section 81;
Thence, with the common line of lots 50 and 51 of Section 80, South 860 42' 41 n West,
550.00 feet to a point for corner, the northeast corner of the aforementioned 1.7 acre tract;
Page 1 of 3
1:\Projdsk1\SURVEY\1997\0601\M&B\bcmud 34 73.397ac.doc
73.397 acres
April 21,2006
Job No. 1997-0601-201
Thence, with the east line of said 1.7 acre tract, South 030 1 T 19" East, 660.00 feet to a
point for comer on the common line of Lots 51 and 52 of Section 80;
Thence, with the south lines of said Lots 51 and 41 of Section 80, South 860 42' 41.
West, 1210.00 feet to a point for comer, the common west comer of Lots 41 and 42 of Section
80, same being the southeast comer of Southern Trails, Phase 1 Sec. 4, a subdivision of record
in File No. 2005042729, B.C.O.R.;
Thence, with the west lines of Lots 40 and 41 of Section 80 and the east line of said
Southern Trails, Phase 1 Sec. 4, North 03017' 19" West, 1155.00 feet to a point for comer, the
northwest comer of Lot 40 of Section 80, same being a reentrant comer of said Southern Trails,
Phase 1 Sec. 4;
Thence, with the north line of Lot 40 of Section 80 and continuing with the east line of
said Southern Trails, Phase 1 Sec. 4, North 860 42' 41" East, 440.00 feet to a point for comer,
the southwest comer of the aforementioned 5.0000 acre tract;
Thence, with the west line of said 5.0000 acre tract and with the east lines of said
Southern Trails, Phase 1 Sec. 4 and Southern Trails, Phase 1 Sec. 1, a subdivision of record in
File No. 2005042703, B.C.a.R., North 030 17' 19" West, 495.00 feet to a point for comer on the
common line of Lots 38 and 39 of Section 80;
Thence, with the common line of Lots 38 and 39 of Section 80, North 86042' 41" East,
440.00 feet to a point for comer, the common east comer of Lots 38 and 39 of Section 80;
Thence, with the west lines of Lots 47 and 48 of Section 80, North 030 17' 19" West,
993.60 feet to a point for comer, the common north comer of Lots 37 and 47 of Section 80;
Thence, with the north line of said Lot 47 of Section 80, North 860 46' 15" East, 880.00
feet to a point for corner, the common north comer of Lot 47 of Section 80 and Lot 1 of Section
Page 2 of 3
1:\Projdsk1\SURVEY\ 1997\0601\M&B\bcmud 34 73.397ac.doc
73.397 acres
April 21,2006
Job No. 1997-0601-201
81, and on the common line of the aforementioned H.T. & B.R.R. Co. Survey, Section 80 and
the H.T. & B.R.R. Co. Survey, Section 81;
Thence, with the east lines of Lots 47-50 of Section 80 and with said common survey
line, South 030 17' 19" East, 1982.68 feet to the POINT OF BEGINNING and containing 73.397
acres of land.
Note: This document was prepared under 22 T AC ~ 663.21, does not reflect the results
of an on-the-ground survey and is not to be used to conveyor establish interests in real property
except those rights and interests implied or established by the creation or reconfiguration of the
boundary of the political subdivision for which it was prepared.
LJA Engineering & Surveying, Inc.
Page 3 of 3
1:\Projdsk1\SURVEY\1997\0601\M&B\bcmud 34 73.397ac.doc
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I J. S. ' c I.'
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Lot 27 I Lot 37 0 (""ALLED 10.0 ACREJ ~ I:' 0 Loti
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Lot 32 1\1 2 LARRY CAMPBELLc B.CPR,
ill Lot 4 rALLED 1.7 ACRE..... B
- 5HERIFF'SDEED EXHI IT OF
BYF..N,04-002109 73.397 ACRES
B.C.O.R. PROPOSED ANNEXA T ION TRACT FOR
BRAZORIA COUNTY MUNICIPAL
UTILITY DISTRICT NO. 34
LOCATED IN THE
H. T.&B.R.R. CO. SURVEY. SEC. 80
(A.K.A) J. S. TALMAGE SURVEY. A-564
BRAZORIA COUNTY. TEXAS
APRIL 2006 JOB NO. 1991-0601-201
LJA Engineering & Surveying, Inc. IA
2929 BrilrplIlc DrIve PIIone 713.953.5200
Suite 600 FlIlC 713.9153.5026
Housb1, T_ 77042-3703
SOUTHERN TRAILS
PHASE I SEC. I
FILE NO, 2005042703 ~
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NOTES:
f) 'This document was prepared under 22 T PC s 663.21,
does not reflect tte results of an on tte ground survey,
and Is not to be used to coroey or establlsh interests in
real properly except tluse rights and Interest Imp/led or
establlsred OJ tre creatIon or reconflguratlon of tre
boundary of tre polltlcal subdivisIon for which It was
prepared:
2) JJ/ bearIngs referenced to the west line of ttrJt
certain called 120134 acre tract, OJ Instrument of
record In Volume (9(JJ820,Poge 2!7.8.C.OR.
1.,Projd5kl,SURVEY,1997,0601,COd,bcmud 34 exhlblt.dgn
4/21/2006
~
N
~
PETITION FOR CONSENT TO ANNEX LAND INTO
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 34
THE STATE OF TEXAS S
S
COUNTY OF BRAZORIA S
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS:
The undersigned, duly elected officer of Brazoria County Municipal Utility
District No. 34 (the "District"), and Larry Campbell, Kyle Tauch, James M. Johnson,
Trails Development, Ltd., a Texas limited partnership and William C. Walsh
(collectively, the "Petitioners"), acting pursuant to the provisions of Chapter 49, Texas
Water Code, particularly Sections 49.301(a)-49.301(f), respectfully petition the City
Council of the City of Pearland, Texas, for its written consent to the annexation by the
District of the tract of land described by metes and bounds in Exhibit A (the "Land").
In support of this petition, the undersigned would show the following:
1.
The District was created on August 30, 2004, and is governed by the provisions
of Chapters 49 and 54, Texas Water Code, as amended.
II.
The Petitioners hold fee simple title to the Land sought to be annexed to the
District, as indicated by the certificate of ownership provided by the Brazoria County
Appraisal District. The Petitioners hereby certify that there are no lienholders on the
Land.
III.
The Land is situated wholly within Brazoria County, Texas. All of the Land lS
within the corporate limits of the City of Pearland, Texas. No part of the Land is
the extraterritorial jurisdiction (as such term is defined in Texas Local Government
Code Section 42.001 et seq., as amended) of any city, town or village. All of the territory
proposed to be annexed may properly be annexed into the District.
103445
IV.
The land is described by metes and bounds in Exhibit A, which is attached
hereto and incorporated herein for all purposes.
V.
The general nature of the work to be done in the area sought to be annexed into
the District is the construction, acquisition, maintenance and operation of a waterworks
and sanitary sewer system and a drainage and storm sewer system.
VI.
There is, for the following reasons, a necessity for the above-described work. The
land proposed to be annexed into the District, which will be developed for commercial
purposes, is urban in nature, is within the growing environs of the City of Pearland,
Texas, is in close proximity to populous and developed sections of Brazoria County,
and within the immediate future will experience a substantial and sustained growth.
Because the health and welfare of the present and future inhabitants of the land and of
lands adjacent thereto require the construction, acquisition, maintenance and operation
of an adequate waterworks and sanitary sewer system and a drainage and storm sewer
system, a public necessity exists for the annexation of the land into the District, to
provide for the purchase, construction, extension, improvement, maintenance and
operation of such waterworks and sanitary sewer system and such drainage and storm
sewer system, so as to promote the purity and sanitary condition of the State's waters
and the public health and welfare of the community.
VII.
The District agrees and hereby covenants that if the requested consent to the
annexation of the land to the District is given, the District will adopt and abide by the
conditions set forth in Exhibit B, attached hereto and incorporated herein for all
purposes.
VIII.
The undersigned estimate, from such information as they have at this time, that
the cost of providing the District's facilities to serve the Land sought to be annexed is
$4,396,000.
WHEREFORE, the undersigned respectfully pray that this petition be heard and
granted in all respects and that the City of Pearland, Texas, give its written consent to
the annexation of the Land into the District.
103445
- 2-
RESPECTFULLY SUBMITTED this ~ day of
M~
,2006,
BRAZORIA COUNTY MUNICIP AL
UTILITY DISTRICT NO. 34
Wellington /I ocky" Stevens III
Vice President, Board of Directors
ATTEST:
THE STATE OF TEXAS 9
9
COUNTY OF HARRIS 9
~
This instrument was acknowled e efore me on this ~ day of
~ ,2006, by lllIJ. , ';4{ t, and Peter M. Klindworth,
as Secretary, of the Board of Directors of Brazor a County Municipal Utility District
No.34, a political subdivision of the State of Texas, on behalf of said political
subdivision.
"~'IiA~ri:a:",
!#j. '';6<
:.. ';Jt=
: . . :
\~" ':~f
"'~~f:,~:~',~~'"''
ERIN M. EAST
MY COMMISSION EXPIRES
October 26, 2009
~w
Notary Public, State of Texas
(NOTARY SEAL)
103445
-3-
~PBELL
THE STATE OF TEXAS
COUNTY OF &J..?.brIOv
S
9
S
/lL/-f....
This instrument was acknowledged before me on the 0( 7 day of
m~ .2006, by LARRY CAMPBELL.
RACHEL NAOMI DIAS ~
'IV COMMISSION EXPIRES
December 16,2007
(N
~~u
KYL TAUCH
THE STATE OF TEXAS
COUNTY OF t-/ fAJ~A.-~
9
9
S
instrument was acknowledged before me on the ;2. ~ -I-i.. day of
L 2006, by KYLE TAUCH.
.....\\\~,~""" MICHELE LEE REED
':'~5tt~:. .~!,',"
j"':' .~~ Notary Public. State of Texas
\~. .~! My Commission Expires
~"~f~f,~~~.f September 12. 2006
(NOTARY SEAL)
103445
-4-
~~
JAM. JOHNSON
THE ST ATE OF TEXAS
COUNTY OF f !cL-'i/V0
9
9
9
Jhis instrument was acknowledged before
i\L~' 2006, by JAMES M. JOHNSON.
MICHELE lEE REED
Notary Public. State of Texas
My Commission Expires
September 12. 2006
') ,/ i" d f
me on the ...>Z'I- ay 0
\11'~~""4'
'~~".. ."# "'.
i.~." "/:r\
~ .,~!
,<f'i......"~
.:~"'~
(NOT ARY SEAL)
TRAILS DEVELOPMENT, LTD., a Texas limited
partnership
By: Trails Development CP, LLC, a Texas
limited liability company, General
Partner
By:
THE STATE OF TEXAS
COUNTY OF i-/tLv~
9
9
9
-11
This instrument was acknowledged before me on the ~ day of rV1Uj< 2006,
by James M. Johnson, Member of Trails Development CP, LLC, a Texas limited liability
company, general partner of TRAILS DEVELOPMENT, LTD., a Texas limited
,1- . L .L. . 11: ~. no' limited liability company and said limited partnership.
~\\1~~"""'<f.
~~~~.. ..~4't"'"
,.... .",,-:.
'" . . .
,). .:.J
,"'l.tf,",\:.Y
;'''''/I~~'''\''
MICHELE lEE REED
Notary Public. State of Texas
My Commission Expires
September 12, 2006
(NOT ARY SEAL)
103445
THE STATE OF TEXAS
COUNTY oFTJ[cA(()(\C\
9
S
9
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This instrument was acknowledged before me on the ffi day of fIle,-\/--,
2006, by WILLlAM C. WALSH.
(NOTARY SEAL)
~~~;7;;;... JENNIFER A. LAMBERT "
r...~; .~ Notary Public. State of Texas
, : Ii My C~~..e;"" Expi~
-."',:. ....$ .....'I"I..~I IV....
"'::.(;:.ffP' October 1 O. 2007
Attachments:
Exhibit A - Description of the Land
Exhibit B - Conditions of City of Pcarland
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5000' 10000'
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BELTWAY 8
CITY OF PEARLAND EIM1TS
FM 2234
ANNEX TRACT
COUNTY ROAD 5
ANNEX TRACT
BELTWAY 8
Ri
73297 AC AEXAT1O
BRAZORIA COUNTY
MUNICIPAL UTILITY DISTRICT NO. 34
IN CITY OF PEARLAND
•
13333 N.W. Freeway, Suite 300 Houston, Tx. Phone:713-462-3178
scale: 1" = 2500'
Job No.: 1511-001
Date: JULY 2006