R2006-164 10-09-06
RESOLUTION NO. R2006-164
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 20.09 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 20.09 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. R2006-164
PASSED and APPROVED ON FIRST AND ONLY READING this the 9th day
of October, A. D., 2006.
~n
~ cj ~
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
&1-.:- If. ~
DARRIN M. COKER
CITY A TIORNEY
2
City of Pearland
In-City MUD Application Checklist
BRAZORIA COUNTY MUNICIPAL UTITLITY DISTRICT NO. 34
April 27, 2006
Attach this sheet as a cover to the completed information and check each box.
~Fully completed City of Pearland In-City MUD Data Form.
~pxisting Subdivisions Form.
. 13tproposed Subdivisions Form.
[3(~xisting Non-Residential Businesses Form.
Q'hoposed Non-Residential Businesses Form.
ClAnticipated Future Annexations Form.
[iJ\ricinity map of the entire City on a 24 x 36 sheet clearly showing location of the existing
in-city MUD (if applicable) arid the proposed annexation tract(s) - 12 copies. Show the
existing and proposed zoning (if different)for each existing MUD tract and each proposed
J tract to be annexed.
6i1Detailed map of each tract (1 "=200' scale) - 12 copies, and an AutoCAD drawing file
_(.DWG) on CD or 3-1/2" floppy disk (Texas State Plane South Central NAD 83).
0Fully 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.
BELTWAY 23, LTD.,
a Texas limited partnership
By: Beltway 23-2, L.L.C., a Texas limited
liability company, its general partner
~rCSident
By:
75509
EXIllBIT "A"
To the foregoing Commercial Contract-Unimproved Property
SOUfHERN PINES LOT -1, BLOCK 80
10.00 ACRES
NOVEMllER 20. 2003
. rOB NO. TER04-sT
DESCRIPTION OF A 10.00 ACRE TRACT OF LAND
SITUATED IN TEE
H.T. & B. RR COMPANY SURVEY, SECTION 80, ABSTRACf S64 .
CITY OF pEARuND, BRAZORIA eOtJNTY, TEXAS
Being a 10.00 tract of land situated in the H.T. & B. RR CO. Survey, Section SO, City ofPea:rland,
:Brazoria County, Texas. being all of Lot 1 of.the Allison-Richey Gulf Coast Home Company
subdivision recorded in Volume 2, Page 98 of the Brazoria County Map Records and lIS descr:ibed in a
deed recorded in Volume 543', Page 307 and Volume 1072~ Page 926, of the Brazoria CoUDty Deed
Records, said 10.00 acre tract of land being more particularly descn'bed as follows:
BEGINNING at the common corner of Lots 1. 2, 11 and 12 of said Allison-Richey Gulf Coast. Home
Company subdivision from which a fOUIld 314-inch iron rod bears South, 0.28' and West. 0.36 feet;
THENCE S 86D42'41" W, with the COIImlon line of said Lot 1 B.Ild Lot 2, at 851.5 feet pass a fOUDd
1/2-ioch iron rod with "Gormly 1918. cap, continuing a total distance of880.59 feet. to. a point in the
cen~J; line of said COUllty Road 48 (original 40 foot width) bemg the common west comer of said Lots
1 and 2 and the southwest comer of the herein descnbed tract;
THENCE N 031113'13" W,. with the: center line of said COUIlty Road 48 (or:iginal40.00 foot width) and
the west line of said Lot 1. a distatice of 495.00 feet to a point in the centerline of County Road 92
(origi.n.a.l40 foot width) being the northwest comer of said Lot 1 and the herein described tract from
which a found 1/2-inch iron. rod with "Gormly 1918" cap bears east, 29.1 feet and south, 20.0 feet;
THENCE N 861142'41" E, with the centerline of said County Road 92 and the DOrth line of said Lot I,
a distance of 880.00 feet to a point at the common north comer of Lots 1 and 11 of said subdiYiSion for
the northeast comer of the herein descn'bed. tract;
THENCE S 031117' 19" E, with the c'ommon line of said Lots 1 and II, at 20.00 feet pass a S/8-inch
iron rod with Brown. & Gay cap set for reference, continuing a total distance of 495.00 feet to the
PLACE OF :BEGTh"NlNG and containing 10.00 acres of land.
. Bearing orientation is based on monumentation found on the west line of a called 120.134' acre tract of
land described in a deed recorded in Volume (90)820, Page 217 of the Br~oria County Deed Records.
V4Z
Rich . Fussell RPLS No. 4148
Brown & Gay Engineers, Inc.
11490 Westheimer Road, Suite 700
Houston, Texas 77077
Telephone: (281) 558-8700
hgelof2
~L'~J/~~~b l~:~~ 7139771311
CAPS
PAGE 63/06
.'
METES AND BOUNDS DESCRIPTION
OF 10.09 ACRES OF LAND
IN THE H.T. & B;R.R. COMPANY SURVEY, A-564
BRAZORIA COUNTY, TEXAS
All that certain 10.09 acres of land; out of Lot Two (2) in Section Eighty (80), of ALLISON RITCHEY
GULF COAST HOME COMPANY SUBDIVISION. according to the platthereof, recorded under Vol.
2, Pg. 98 in the Plat Records of Brazoria County. Texas, being the same property described in the
deed from W.J. Hoffpauir, et ux. to Arch Thomas Campbell. etux., recorded under Vol. 543, Pg. 307,
in the Deed Records of Brazoria County, Texas, in theH.T. & B.R.R. Survey, A~564, Brazoria County,
Texas, and more particularly described by metes and bounds as follows: (All bearings based on
Texas State Plane Coordinate System, South Central Zone.)
COMMENCING at a MagnaiJ found for the most wester1y southwest corner of the 522.62 acre tract
described in the deed from Ashton Southern Trails Joint Venture to CL Ashton Woods, L.P., recorded
under Doc. # 2005 016204, in the Official Records of Brazoria County, Texas, in Almeda School
Road (County Road 48), ,from which a 3/4" iron pipe found in a south line of said 522.62 acre tract
bears North 87D 10' 18" East-29.90'; THENCE North 03012' 50" West-2958.19', along a west line
of said 522.62 acre tract, to the southwest comer and POINT OF BEGINNING of the herein
described tract;
THENCE North 03012' 50"West-498.78', along the west line of aforesaid Lot Two. to the northwest
comer of the herein described tract. common to the southwest comer of the 1 0.1 0 acre tract
described as Tract 1 in the deed from James M, Johnson to Beltway 23, LTD., recorded under Doc, #
2005 007042, in the Official Records of Brazoria County. Texas;
THENCE North 860 42' 41" East- 881.19'. along the south line of said 10.10 acre tract, to a 3/4" iron
pipe found for the northeast comer of the herein described tract, common to the southeast comer of
said 10.10 acre tract, at 30.03' passing a 5/8" iron rod set for reference;
THENCE South 03Cl 17' 19" East - 498.78', along a west line of aforesaid 522.62 acre tract, to a 3/4"
iron rod pipe found for the southeast comer of the herein described tract, common to an angle co"1~r
of said 522.62 acre tract; ,
THENCE South 86Cl 42' 41" West - 881.84'. along a north line of said 522.62 acre tract, to the POINT
OF BEGINNING of the herein described tract and containing 1 0.09 acres of land, at 856.82' passing
a 5/8" iron rod set for reference. . , .
Prepared by:
PATE SURVEYORS
a division of ,
Pate Engineers, Inc.
Job No. 1510.006-00-520
Certification Date
December 7, 2005
THIS LEGAL DESCRIPTION IS ISSUED AS "PART TWO". IN CONJUNCTION WITH THE LAND TITLE
SURVEY BY PATE SURVEYORS LAST CERTIFIED DECEMBER, 7,2005. REFERENCE IS HEREBY
MADE TO THE SURVEY AS "PART ONE". '
City of Pearland
In-City MUD Data Form
MUD # 34
July 28, 2006
Existing
MUD
PUD
2009
Existing
Proposed
Area MUD Tractls I Total
3 Total Acreaqe 522.63 20.19 542.82
4 Currentlv Platted Residential Acreaae (includina road riahts of wavl 113.09 0 113.09
5 Currently Platted Commercial Acreaqe (includina road riahts af wavl 0 0 0
6 Currentlv Undeveloped Acreaae 291.18 20.19 311.37
7 Projected Undeveloped Acreaqe to be Platted Residential 288.78 0 288.78
8 Projected Undeveloped Acreaae to be Platted Commercial 2.4 19.19 21.59
9 Current and Projected Detention & Transmission Utilitv Easements lacresl 66.9 1 67.9
10 All Other Acreaae (LandscapinQ Reserves, Parks, etc) 51.46 0 51.46
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.
Existing
Proposed
Residential Lots MUD Tractlsl Total
11 Total Existing and Planned Residential Lots 1439 0 1439
12 Number of Currentlv Completed/Occupied Homes 0 0 0
13 Number of Currentlv Completed Lots 215 0 215
14 Number of Lots Under Construction 0 0 0
15 Number of Future Lots 1224 0 1224
Note: Lines 12, 13, 14, and 15 should total to Line 11
Existing
Proposed
Property Values MUD Tractlsl Total
16 Most Recent BCAD Valuation (Date: December 31, 2005) $ 1,311,400 S 570,020 $ 1,881,420
17 Projected Total Valuation at Build Out Date $ 327,875,000 $ 16,500,000 $ 344,375,000
18 Projected Residential Valuation at Build Out $ 324,775,000 $ - $ 324,775,000
19 Projected Commercial Valuation at Build Out $ 3,100,000 $ 16,500,000 $ 19,600,000
20 Estimated Averaae Home Value (Date: December 31,2005) NA NA NA
21 Estimated Averaqe Home Value - at Build Out $ 226,000 NA $ 226,000
Note: Lines 18 and 19 should total to Line 17
Existing Proposed *
MUD Tract s Total
22 $ 8,844 $ $ 8,844
23 $ 8,844 $ $ 8,844
24 $ 2,211,189 $ 111,276 $ 2,322,465
25 $ 1,967 $ $ 1,967
$ 491,813 $ 24,750 $ 516,563
8/16/2006
1 of 6
20.19 Acre Annexation.
City of Pearl and
In-City MUD Data Form
MUD # 34
July 28, 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%
8/16/2006
2 of 6
20.19 Acre Annexation.
City of Pearl and
In-City MUD Data Form
MUD # 34
July 28, 2006
Proposed Subdivisions Within Annexation Request
Projected Percent
Subdivision Name Area (Acresl Lots Complete
23-Acre at Broadwav and CR 48 20.19 NA 0%
8/16/2006
30f6
20.19 Acre Annexation.
Business Name
N/A
8/16/2006
4 of 6
20.19 Acre Annexation.
City of Pearland
In-City MUD Data Form
MUD # 34
July 28, 2006
Existing Non-Residential Businesses Within Existing MUD
Type of Business
N/A
Business Name
To Be Determined
8/16/2006
5 of 6
20.19 Acre Annexation.
City of Pearl and
In-City MUD Data Form
MUD # 34
July 28, 2006
Proposed Non-Residential Businesses Within Annexation Request
Tvpe of Business
General Business/Office
City of Pearl and
In-City MUD Data Form
MUD # 34
July 28,2006
Anticipated Future Annexation Requests
Projected
General Tract Descriotion Area (Acres) Lots
Ridoe Rock 73.4 167
8/16/2006
60f6
20.19 Acre Annexation.
H.T. & B.R.R. COMPANY SURVEY
BROADWAY (C.R 92) NIl6'42'41"E 880.55'
TRACT 1
10.10 ACRES
JAMES M. JOHNSON
TO
BEL TWA Y 23. l TO.
DOC. , 2005-007042
a.R.B.C.
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LOT TWO (2). SECTION EIGHTY (80)
W.J. HOfFPAUIR, ET UX.
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ARCH THOJ.lAS CAMPBELL ET UX.
VOL. 543. PG. 307
a.R.B.C.
522.62 ACRES
ASHTON SOUTHERN TRAILS JOINT ~NTURE
TO
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DOC , 2005-016204
D.R.B.C.
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ASHTON SOUTHERN TRAILS JOINT VENTURE
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DOC , 2005-016204
a.R.B.C.
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20.19 ACRES ANNEXATION
BRAZORIA COUNTY
MUNICIPAL l1TIUTY DISTRICT NO. 34
IN CITY OF PEARLAND
PATE. ENGINEERS .....""".,,~:
I>>'>> No.. '_. _... .-. 1'a. _71~-Jl" Pat"NJGUST 20ClI
STATE HIGHWAY 288
20.19 ACRE -ANNEX.
2500' 5000' 10000'
FM 521
ALMEDA RD
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CITY OF PEARLAND UMITS
MUD 34 BOUNDARY
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2019 ACRE
EXATI
RAZORIA COUNTY
MUNICIPAL UTILITY DISTRICT NO. 34
IN CITY OF PEARLAND
13333 N.W. 'reeway, Suite 300 Houston, Tx. Phone:713-462-3178