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Ord. 1636 2024-08-12
1 ORDINANCE NO. 1636 An Ordinance extending the city limits of the City of Pearland, Texas, to include certain land area within certain limits and boundaries and annexing to the City of Pearland the area within such limits and boundaries (approximately 16,604 square feet generally located at Southwest of the intersection of Glenview Drive and DeLeon Lane); containing an effective date and other provisions related to the subject; and providing a savings and severability clause. WHEREAS, pursuant to Chapter 43, Subchapter C-3, Tex. Local Govt. Code, the property owner(s) of approximately 16,604 square feet (the “Property”), generally located at Southwest of the intersection of Glenview Drive and DeLeon Lane, have petitioned the City for the voluntary annexation of the Property into the incorporated limits of the City; and WHEREAS, the City Council of the City of Pearland, Texas, following due notice and publication in accordance with the requirements of Section 43.0673, Tex. Local Govt. Code, conducted one (1) public hearing regarding the City's intended annexation of the Property which is located contiguous to the City and within the City's extraterritorial jurisdiction; and WHEREAS, the public hearing was conducted before the City Council on July 22nd, 2024, in the City Council Chambers, City Hall, 3519 Liberty Drive, Pearland, Texas; and WHEREAS, the City Council finds and determines that the annexation intended by this Ordinance is in the best interests of the City of Pearland and benefits the health, safety, and welfare of the citizens of said City; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the boundaries and limits of the City of Pearland, Texas are hereby extended to embrace and include all of the territory described and depicted in Exhibit “A” attached hereto and made a part hereof. Section 2. The plan for extension of municipal services into the territory annexed to the City of Pearland by the provisions of this Ordinance is contingent upon the terms set forth in the City of Pearland, Texas, Annexation Agreement attached hereto as Exhibit “B” and made a part hereof for all purposes. Docusign Envelope ID: 6815DD27-7F60-49EB-9234-516B409FF203 ORDINANCE NO. 1636 2 Section 3. The City Council officially finds, determines, recites and declares that sufficient written notices of the date, hour, place and subject matter of the meetings of the City Council at which this Ordinance was considered were posted at a place convenient to the public at the City Hall of the City of Pearland for the time required by law preceding said meetings, as required by law; and that said meetings have been open to the public, as required by law, at all times during which this Ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notices and the contents and posting thereof. Section 4. Savings. All rights and remedies which have accrued in favor of the City under this Chapter and amendments thereto shall be and are preserved for the benefit of the City. Section 5. Severability. If any section or part of this Ordinance be held unconstitutional, illegal or invalid, or the application thereof ineffective or inapplicable as to any territory, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no wise affect, impair or invalidate the remaining portions, the same shall be and remain in full force and effect; and should this Ordinance for any reason be ineffective as to any part of the area hereby annexed to the City of Pearland, such ineffectiveness of this Ordinance as to any such part or parts of any such areas shall not affect the effectiveness of the Ordinance as to all of the remainder of such area, and the City Council hereby declares it to be its purpose to annex to the City of Pearland, subject to the limitations contained herein, the area described in Exhibit "A", attached hereto, regardless of whether any other part of such described area is hereby effectively annexed to the City. Provided, further, that if there is included in the general description of territory set out in Exhibit "A", attached hereto, any land or area which is already a part of and included within the general limits of the City of Pearland, or which is presently part of and included in the limits of any other city, town or village, or which is not within the City of Docusign Envelope ID: 6815DD27-7F60-49EB-9234-516B409FF203 ORDINANCE NO. 1636 3 Pearland's jurisdiction to annex, the same is hereby excluded and excepted from the territory to be annexed as fully as if such excluded and excepted area was specifically described herein. Section 7. Effective Date. This ordinance shall become effective immediately upon its second and final reading. PASSED and APPROVED ON FIRST READING this the 22nd day of July, A. D., 2024. ___________________________________ J. KEVIN COLE MAYOR ATTEST: _____________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY PASSED and APPROVED ON SECOND AND FINAL READING this the 12th day of August, A. D., 2024. ____________________________________ J. KEVIN COLE MAYOR ATTEST: _________________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: _________________________________ DARRIN M. COKER CITY ATTORNEY Docusign Envelope ID: 6815DD27-7F60-49EB-9234-516B409FF203 ANNEXATION AGREEMENT STATE OF TEXAS, COUNTY OF BRAZORIA. This Agreement ("Agreement") is made and entered into as of this I2 day of , 2024, ("Effective Date")by and between the CITY OF PEARLAND,Texas, (the"Ci '),a home- rule municipal corporation and political subdivision of the State of Texas, and James Laird, ("Property Owner"). WHEREAS, Property Owner own approximately 0.3812 acres, more or less, 16,604 1 SQUARE FEET, BEING ALL OF LOT THREE (3), IN BLOCK ONE (1) OF FINAL PLAT OF MEDELLIN ADDITION, A SUBDIVISION IN BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF, RECORDED IN BRAZORIA COUNTY CLERK'S FILE NUMBER 2005036901 OF THE MAP RECORDS OF BRAZORIA COUNTY, TEXAS SAID 16,604 SQUARE FEET, and as shown as Exhibit "A" attached hereto (the "Property"), and WHEREAS,the City,pursuant to Chapter 43 of the Texas Local Government Code,has authority to annex property upon the voluntary submission of a petition to annex property by the owner; and WHEREAS, Property Owner has petitioned the City for the voluntary annexation of the Property subject to certain terms and conditions contained herein, and WHEREAS, this Agreement is entered into pursuant to state law, including but not limited to Chapters 43 of the Texas Local Government Code in order to address the procedures of the City and the desires of Property Owner; and WHEREAS, the City and Property Owner acknowledge that this Agreement is binding upon the City and Property Owner and their respective successors and assigns, and WHEREAS, this Agreement is to be recorded in the real property records of Brazoria County; NOW, THEREFORE, in consideration of the mutual benefits and premises contained herem and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and Property Owners agree as follows 1. Land Subject to Agreement. Property Owner represents that he is the sole owner of the Property 2. Annexation. Subject to the terms and provisions of this Agreement, Property Owner request that the City annex, and the City agrees to annex, the Property 3. City's Obligations Upon Annexation. A. City acknowledges and agrees that it shall provide the following municipal services to the Property upon annexation. 1 Police Protection. The City will provide police protection and law enforcement to the Property in accordance with its adopted standards of practice and protocols. Fire Protection. The City will provide fire protection and suppression services to the Property in accordance with its adopted standards of practice and protocols Emergency Medical Services The City will provide emergency medical services, including ambulance transportation services, to the Property in accordance with its adopted standards of practice and protocols. Solid Waste and Recycle Collection Services City solid waste and recycle collection services may be provided to the Property by the City or by private contractor under contract with the City if the waste /recycle matenal is placed in a City-approved location and in containers approved for the specific type of occupancy Alternatively,Property Owners may use a privately-owned solid waste or recycling management service provider at Property Owners' sole expense. If Property Owners receive services through the City's solid waste and recycling collection contractor, Property Owners may be billed for the service in accordance with the City's policies and/or the contract between the City and the solid waste contractor Water Services The Parties acknowledge and agree that water service is not supported by the City's ad valorem taxes. Consequently,the City will provide water capacity to serve the Property, but the extension of water lines to serve the Property will be at the City's discretion and consistent the City's provision of service to properties with the same or similar level of service provided to other comparable areas of the City Wastewater Services The Parties acknowledge and agree that wastewater service is not supported by the City's ad valorem taxes. Consequently, the City will provide wastewater capacity to serve the Property, but the extension of sewer lines to serve the Property will be at the City's discretion and consistent the City's provision of service to properties with the same or similar level of service provided to other comparable areas of the City Parks Services. The City provide Parks Services and will operate and maintain existing public parks,playgrounds and swimming pools. Miscellaneous Services The City will offer, operate and maintain City owned facilities,buildings and services, including, but not limited to, city hall, animal control, municipal court, and general administration, and provide access to such miscellaneous services to the Property Owners on the same basis as such services are available to other landowners and residents within the City B The City and PROPERTY OWNER agree that the municipal services provided under Paragraph 3A may be provided by any method or means by which the City extends such municipal services to any other area of the City This may include causing or allowing private utilities, governmental entities or other public service organizations to provide such services, in whole or part. 2 C As used in the Agreement, "Standard Policies"means those policies and procedures of the City applicable to a particular service that are in effect either at the time that this service is requested or at the time that the service is made available or provided. The policies and procedures may require that a specific type of request be made, such as an application or petition, and may require that fees or charges be paid, and may include eligibility requirements and similar provisions. Further, it is not the intent of this Agreement to require that a uniform level of services be provided to all areas of the City (including the Property) where differing characteristics of topography, land utilization and population density provide a sufficient basis for providing differing service levels. 4 Term. This Agreement is effective as of the date that both the City and Property Owner have duly approved, executed and delivered this Agreement. 5.Default. If any party breaches any of the terms of this Agreement, then that party shall be in default ("Defaulting Party") of this Agreement ("Event of Default") If an Event of Default occurs, the non-defaulting party shall give the Defaulting Party written notice of such Event of Default, and if the Defaulting Party has not cured such Event of Default within thirty (30) days of said written notice, this Agreement is breached. Each party is entitled to all remedies available to it at law or in equity, including termination of this Agreement. 6. Notice. Any notice required or permitted to be delivered hereunder shall be deemed to be delivered,whether or not actually received,when deposited in the United States Mail,postage pre- paid, certified mail, return receipt requested, addressed to either party, as the case may be, at the addresses contained below. CITY Property Owner City of Pearland James Laird 3519 Liberty Dr 2222 Saint James Place Pearland, Texas 77581 Pearland, Texas 77581 Attn. City Manager With copy to City Attorney at the same address. 7 Miscellaneous. A. Agreement Runs with the Property This Agreement shall run with the Property and shall be binding on and inure to the benefit of Property Owners' successors and assigns. B Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the mutual written agreement of the parties hereto 3 C Venue. This Agreement shall be construed in accordance with the laws of the State of Texas and shall be performable in Brazoria County, Texas.Exclusive venue shall be in Brazoria County, Texas. D Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective administrators, legal representatives, successors and assigns. E. Savings/Severability In case any one or more of the provisions contained in this Agreement shall for any reason be held by a court of competent jurisdiction to be invalid illegal or unenforceable in any respect, such invalidity, illegality or unenforceabillty shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid illegal or unenforceable provision had never been contained herein. F Subsequent Statutory Changes Unless specifically citing its retroactive effect, no subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to the terms of this Agreement. G No Chapter 245 Permit. Pursuant to Section 43 035(e) of the Texas Local Government Code this Agreement, and any requirement contained in this Agreement, shall not constitute a "permit" as defined in Chapter 245 of the Texas Local Government Code. THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective on the latest date as reflected by the signatures below CITY OF P ATTES City Managers rl City Secretary 1G,7. Date Signed. $9//y/.f Date Signed. THE STATE OF TEXAS, COUNTY OF BRAZORIA. BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared \cent pp.e.rsto\ , the City Manager of the City of Pearland, a Texas home-rule municipal corporation, known to me to be the person who's name is subscribed to the foregoing instrument, and acknowledged to me that he has executed the same on CITY's behalf. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE! ++DAY OF 024 °2 y PZa4� JENNIFER SITYLAN CAD I, SEAL =# �; a°Notary Public,State ofTes /\ m. MY Commission Expires -.1,to �E+" December 17,24 S NOTARY ID 1166200-6 4 PROPERTY OWNER: by: James Laird rri Date Signed: 2.6 THE STATE OF TEXAS, COUNTY OF BEFORE ME, the unde signed authority, in and for said County, Texas, on this day personally appeared 5(, rS Lca'AND 14.)/49 , the Property Owners, known to me to be the person who's name is subscribed to the foregoing instrument, and acknowledged to me that the Property Owners have executed the same on the Property Owners' behalf. ‹-It‘ GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE iLDAY 0 SEAL OF LEROY SKAINS My Notary ID # 128891911 Expires February 14, 2028 Attachments Exhibit A " - Description and Depiction of Property 5 FEDERICO & SONIA CACIQUE LOT 2 C.F.#2024000661 �tx• N:13,759,382-93 F.I.R. 5 (V 1 ,CAP) 576. \ 7O / \ \ F /\ \ \\ / \\ / \ \ / VACANT LOT \/ JAMES LAIRD / LOT 3, BLOCK 1 16,604.1 SQ. FT. C.F.#2024004059 / PROPOSED N N / / \ \tx 90 0 / 7/ JAMES V & JACLYN PALUMBO LOT 2 C.F.#2019052975 7•0 �•o 511i 2351 F.I.R. 5/8" (NITH CAP) N:13,759,245.2 E: 3,169,393.22 CHARLES R YOUNG LOT 1 C.F.#2010024244 ANNEXATION F.I.R. /8' N: 13,759,185.19 E: 3,169, 460.29 / / / / PAT S CALCAGNO 4.377 ACRES PART OF LOT 78 C.F. 1995014329 QUISAM NGUYEN LOT 1 C.F.#2022066234 3,759,322.91 E- 3,169, 583.05 KYLE F KENTER LOT 6, BLOCK 10 SUNSET MEADOWS - NASAWOOD C.F. 2014052421 SCALE 1"=40' PURPOSE OF DOCUMENT: CLIENT'S REVIEW SURVEYOR OF RECORD: TOBY COUCHMAN REGISTRATION #5565 RELEASE DATE: 04/30/2024 "PRELIMINARY, THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE AND SHALL NOT BE USED OR VIEW OR RELIED UPON AS A FINAL SURVEY DOCUMENT" I D0 HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY MADE ON THE GROUND OF THE PROPERTY LEGALLY DESCRIBED HEREON (OR ON ATTACHED SHEET), AND THERE ARE NO ENCROACHMENTS EXCEPT AS SHOWN, AND WAS DONE BY ME OR UNDER MY SUPERVISION. NOTES: — BEARING BASIS: TEXAS SOUTH CENTRAL ZONE 4204, STATE PLANE GRID COORDINATES (NAVD88) — SUBJECT TO ANY AND ALL RECORDED AND UNRECORDED EASEMENTS — SURVEYOR HAS NOT INDEPENDENTLY ABSTRACTED PROPERTY — UNDERGROUND UTILITY INSTALLATIONS, UNDERGROUND IMPROVEMENTS, FOUNDATIONS AND/OR OTHER UNDERGROUND STRUCTURES WERE NOT LOCATED BY THIS SURVEY — THIS SURVEY IS CERTIFIED FOR THIS TRANSACTION ONLY, IT IS NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS — SUBJECT TO RESTRICTIVE COVENANTS AS PER TITLE COMMITMENT — SUBJECT TO ZONING AND BUILDING ORDINANCES ENFORCED BY LOCAL MUNICIPALITIES — FENCES DO NOT FOLLOW BOUNDARY LINES AS SHOWN EXHIBIT CITY OF PEARLAND, TEXAS PROPOSED ANNEXATION OF LOT 3, BLOCK 1 FINAL PLAT OF MEDELLIN ADDITION B.C.C.F.#2005036901 BRAZORIA COUNTY MAP RECORDS JOB # 2404163 DATE 04/30/2024 GF# 24000177 LEGEND A.E. - AERIAL EASEMENT B.L - BUILDING UNE BRS = BEARS C.F./ = CLERK'S FILE NUMBER D.E - DRAINAGE EASDAENT E.E = ELECTRIC EASEMENT F.I.P. = FOUND IRON PIPE F.I.R. = FOUND IRON ROD FND. = FOUND M.P. = METAL POST M.U.C. = MUNICIPAL U1WTY EASEMENT P.A.E. = PERMANENT ACCESS EASEMENT P.C. = POINT OF CURVATURE P.C.C. = POINT OF COMPOUND CURVATURE P.E = POOL EQUIPMENT • ITEMS 'HAT MAY APPEAR IN • —0— = NOT TO SCALE DRAWING ABOVE P.O.C. = POINT OF COMMENCING P.O.B. = POINT OF BEGINNING P.P. = POWER POLE P.R.C. = POINT OF REVERSE CURVATURE P.T. = POINT OF TANGENCY P.U.E. - PUBUC U1WTY EASEMENT S.I.R. = SET IRON ROD S.S.E. = SANITARY SEWER EASEMENT STA.S.E. = STORM SEWER EASEMENT U.T.S. = UNABLE TO SET U.E. = UTUTY EASEMENT W.LE - WATER UNE EASEMENT W.P. = WOODEN POST W.S.E = WATER & SEWER EASDAENT = CONTROL MONUMENT • = PROPERTY CORNER © = GUY ANCHOR e - POWER POLE ©- SERVICE DROP = FIRE HYDRANT e : WATER VALVE © - UNDERGROUND CABLE MARKER • = PROPERTY UNE EASEMENT UNE = BUILDING SETBACK UNE WOODEN FENCE CHAIN UNK FENCE METAL FENCE = WIRE FENCE 1=1F 1=1 - V F f n P.O. BOX 1366, FRIENDSWOOD,TX 7754q PHONE: 281-996-1113, FAX: 281-496-0112 EMAIL: orders@prosurv.r.et T.B.P.E.L.S. FIRM .,10119300 ONLY SURVEY MAPS WITH THE SURVEYOR'S ORIGINAL SIGNATURE ARE GENUINE TRUE AND CORRECT COPIES OF THE SURVEYOR'S ORIGINAL WORK AND OPINION © 2024 PRO-SURV ALL RIGHTS RESERVED 10 C) -��RR i PEA ANDl f T E X A 5 CITY OF PEARLAND, TEXAS NOTICE OF PUBLIC HEARING ON VOLUNTARY ANNEXATION Notice is hereby given that the City Council of the City of Pearland, in Brazoria, Harris, and Fort Bend Counties, Texas, will hold a Public Hearing on Monday, July 22, 2024, at 6 30 pm, at City Hall, 3519 Liberty Dr, Pearland, Texas 77581 The public hearing will be held for the purpose of receiving public comments regarding the voluntary annexation of approximately 16,604 1 square feet, generally located southwest of the intersection of Glenview Drive and De Leon Lane. At said hearing, all interested parties shall have the right and opportunity to appear and be heard on the subject. If you plan to attend this public meeting and you have a disability that requires special arrangements at the meeting, please contact the City Secretary at 281 652 1840 or by e-mail at city secretary@pearlandtx.gov Requests for special services must be received forty-eight (48) hours prior to the meeting time Reasonable accommodations will be made to assist your needs Frances Aguilar, TRMC, MMC City Secretary