HomeMy WebLinkAboutR2024-262 2024-12-16Docusign Envelope ID: 7B85BB47-D831-418E-919D-B6F56C0E5FB6
RESOLUTION NO. R2024-262
A Resolution of the City Council of the City of Pearland, Texas, authorizing the
City Manager or his designee to enter a Memorandum of Understanding
("MOU") with Brazoria County Municipal Utility District No. 16 ("District")
related to the designation of certain District Funds following dissolution of the
District.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain MOU by and between the City of Pearland and the District, a
copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby
authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute and
the City Secretary to attest a MOU with the District.
PASSED, APPROVED and ADOPTED this the 16th day of December, A.D., 2024.
ATTEST:
,—DocuSigned by:
FV'ouct,s a,piLar
-94EC225^1FFr4l5
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
APPROVED AS TO FORM:
,—DocuSigned by:
E-13CA0086B 1-r466...
DARRIN M. COKER
CITY ATTORNEY
(—DocuSigned by:
`-2F8 B858BC2A475
J. KEVIN COLE
MAYOR
Docusign Envelope ID: 5A1A0D9B-497B-4703-A69D-6012DC4A7D38
MEMORANDUM OF UNDERSTANDING
ANNEXATION OF BRAZORIA COUNTY MUNICIPAL UTILITY DISTRCT No. 16
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF BRAZORIA §
THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into
by and between the City of Pearland, a political subdivision of the state of Texas, hereinafter referred to as
"City" and Brazoria County Municipal Utility District No. 16, hereinafter referred to as "District."
WHEREAS, pursuant to Chapter 43, Tex. Local Govt. Code ("Code"), and a Strategic Partnership
Agreement between the City and District, the City and District have agreed to the annexation of
approximately 285.76 acres (the "Property"), generally located west of the Max Road and north of FM
518, into the incorporated limits of the City; and
WHEREAS, pursuant to the Code, within ninety (90) days following the annexation of the District,
the City shall take over all the property and other assets of the district; assume all the debts,
liabilities, and obligations of the district; and shall perform all the functions of the district,
including the provision of services ("Transition Period"); and
WHEREAS, the Parties recognize that the District may continue to perform the essential
functions of the District through the budgeted maintenance and operations of the District during
the Transition Period; and District acknowledges no additional capital outlay, beyond budgeted
capital expenditures, will occur during the Transition Period; and
WHEREAS, City recognizes the previous financial contributions of the District's residents
toward the operation and maintenance of the District and desires to designate the use of certain
District funds toward future capital improvements and/or maintenance expenditures that will
benefit and serve the residents of the District; and
NOW THEREFORE, the parties agree as follows:
I.
DESIGNATION OF FUNDS
1. Upon execution of this MOU, City agrees to designate the balance of funds available from
District -collected property tax revenue, investment income, and cash on hand (hereinafter
referred to as Funds), in the estimated amount of $1,500,000, for capital improvements
and/or maintenance of infrastructure benefitting the District's residents.
2. City may choose to allocate the Funds to Avalon Terrace Community Association and/or
Brazoria County Lakeside Estates HOA for the above stated purposes.
(1)
Docusign Envelope ID: 5A1A0D9B-497B-4703-A69D-6012DC4A7D38
II.
MISCELLANEOUS PROVISIONS
1. The parties agree that by entering into the MOU, neither the City nor the District is
waiving any governmental immunity it otherwise enjoys.
2. The Parties agree that no provision of this MOU extends the liability of either Party
beyond the liability provided in the Texas Constitution and the laws of the State of Texas.
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its
duly authorized representative on this day of , 2024
BRAZORIA COUNTY MUNICIPAL CITY OF PEARLAND
UTILITY DISTRICT No.16
By:
President, Board of Directors
By:
71—
F838B12DC74644...
Trent Epperson, City Manager
DocuSigned by:
c
(2)
MEMORANDUM OF UNDERSTANDING
ANNEXATION OF BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT No. 16
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF BRAZORIA §
THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into
by and between the City of Pearland, a political subdivision of the state of Texas, hereinafter referred to as
"City" and Brazoria County Municipal Utility District No. 16, hereinafter referred to as "District."
WHEREAS, pursuant to Chapter 43, Tex. Local Govt. Code ("Code"), and a Strategic Partnership
Agreement between the City and District, the City and District have agreed to the annexation of
approximately 285.76 acres (the "Property"), generally located west of the Max Road and north of FM
518, into the incorporated limits of the City; and
WHEREAS, pursuant to the Code, within ninety (90) days following the annexation of the District,
the City shall take over all the property and other assets of the district; assume all the debts,
liabilities, and obligations of the district; and shall perform all the functions of the district,
including the provision of services ("Transition Period"); and
WHEREAS, the Parties recognize that the District may continue to perform the essential
functions of the District through the budgeted maintenance and operations of the District during
the Transition Period; and District acknowledges no additional capital outlay, beyond budgeted
capital expenditures, will occur during the Transition Period; and
WHEREAS, City recognizes the previous financial contributions of the District's residents
toward the operation and maintenance of the District and desires to designate the use of certain
District funds toward future amenities that will benefit and serve the residents of the District; and
NOW THEREFORE, the parties agree as follows:
I.
DESIGNATION OF FUNDS
1. Upon execution of this MOU, City agrees to designate the balance of funds available from
District -collected property tax revenue, investment income, and cash on hand (hereinafter
referred to as Funds), in the estimated amount of $1,500,000, for capital improvements
and/or maintenance of infrastructure benefitting the District's residents.
2. City may choose to allocate the Funds to Avalon Terrace Community Association and/or
Brazoria County Lakeside Estates HOA for the above stated purposes.
(1)
II.
MISCELLANEOUS PROVISIONS
1. The parties agree that by entering into the MOU, neither the City nor the District is
waiving any governmental immunity it otherwise enjoys.
2. The Parties agree that no provision of this MOU extends the liability of either Party
beyond the liability provided in the Texas Constitution and the laws of the State of Texas.
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its
duly authorized representative on this day of , 2024
BRAZORIA COUNTY MUNICIPAL CITY OF PEARLAND
UTILITY DISTRICT No.16
By:
L.
President, Boa G Q f 11 rectors Trent Epperson, City Manager
By:
(2)
SPECIAL WARRANTY DEED
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF BRAZORIA
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL
PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE
FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT
TRANSFERS AN INTEREST IN REAL ESTATE BEFORE IT IS FILED
FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY
NUMBER OR YOUR DRIVERS LICENSE NUMBER.
THAT BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 16, a political
subdivision of the State of Texas (herein designated "Grantor"), for and in consideration of the
sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt
and adequacy of which is hereby acknowledged, has granted, sold and conveyed, and by these
presents does grant, sell and convey unto the CITY OF PEARLAND, a home rule city within
Brazoria and Harris Counties, Texas (the "Grantee"), whose address is 3519 Liberty Drive,
Pearland, Texas 77581, the receipt of which is hereby acknowledged, has GRANTED, SOLD
AND CONVEYED, and by these presents does GRANT, SELL AND CONVEY unto the
Grantee, all of the following described real property in Brazoria County, Texas, to -wit:
0.1103 acres of land, being all of Reserve "D" of Avalon Terrace, Section 1, a
subdivision of land in Brazoria County, Texas according to the plat thereof
recorded in County Clerk's Film Code No. 2004069479 of the Official Public
Records of Brazoria County, Texas;
0.4855 acres of land, being all of Reserve "E" of Avalon Terrace, Section 1, a
subdivision of land in Brazoria County, Texas according to the plat thereof
recorded in County Clerk's Film Code No. 2004069479 of the Official Public
Records of Brazoria County, Texas;
0.06 acres of land, being all of Reserve "A" of Avalon Terrace, Section 2, a
subdivision of land in Brazoria County, Texas according to the plat thereof
recorded in County Clerk's Film Code No. 2006038849 of the Official Public
Records of Brazoria County, Texas;
7.059618 acres of land, being all of Reserve "A" of Lakeside Estates, Section 1, a
subdivision of land in Brazoria County, Texas according to the plat thereof
recorded in Volume 21, Pages 325-326 of the Plat Records of Brazoria County,
Texas;
6.453 acres of land, being more particularly described by metes and bounds on
Exhibit "A" attached and incorporated hereto; and
24.1528 acres of land, being more particularly described by metes and bounds on
Exhibit "B" attached and incorporated hereto
(collectively, referred to herein as the "Property").
This conveyance is made and accepted expressly subject to all matters of record in the
Office of the County Clerk of Brazoria County, Texas to the extent such matters are valid and
subsisting and affect the Property.
GRANTEE ACKNOWLEDGES AND AGREES THAT GRANTOR HAS NOT MADE,
DOES NOT MAKE AND SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS,
WARRANTIES, PROMISES, COVENANTS, AGREEMENTS OR GUARANTIES OF ANY
KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR
WRITTEN, PAST, PRESENT OR FUTURE, OF, AS TO, CONCERNING OR WITH
RESPECT TO THE NATURE, QUALITY OR CONDITION OF THE PROPERTY, AND
INCLUDING SPECIFICALLY, (1) THE ENVIRONMENTAL CONDITION OF THE
PROPERTY (SUCH AS WHETHER WETLANDS ARE PRESENT ON THE PROPERTY OR
WHETHER HAZARDOUS SUBSTANCES ARE LOCATED ON THE PROPERTY) AND (2)
THE SUITABILITY OF THE PROPERTY FOR GRANTEE'S INTENDED USE. THE
PROPERTY IS CONVEYED WITHOUT REPRESENTATION OR WARRANTY, EXPRESS
OR IMPLIED, AND IS AN "AS IS" AND "WITH ALL FAULTS" CONVEYANCE.
TO HAVE AND TO HOLD the above -described Property, together with all and singular
the rights and appurtenances thereto in anywise belonging unto Grantee, Grantee's successors
and assigns forever; and Grantor does hereby bind Grantor, Grantor's successors and assigns, to
WARRANT and FOREVER DEFEND, all and singular the said Property unto Grantee,
Grantee's successors and assigns, against every person whomsoever lawfully claiming, or to
claim the same, or any part thereof, by, through or under Grantor, but not otherwise, subject to
the matters set forth herein.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
-2-
EXECUTED this 27th day of March, 2025.
GRANTOR:
BRAZORIA COUNTY MUNICIPAL
UTILITY DISTRICT NO. 16
President, $o. d of Directors
(SEAL)
THE STATE OF TEXAS §
COUNTY OF HARRIS §
This instrument was acknowledged before me on this 27th day of March, 2025, by
William E. Frost, President of Brazoria County Municipal Utility District No. 16, a political
subdivision of the State of Texas, on behalf of said District.
STAMP NAME AND DATE OF
EXPIRATION OF COMMISSION
BELOW:
FRAN C. RICH
s ,{µY Pv
sir' ems Notary Public, State of Texas
N�+e Comm. Expires 07-10-2027
Notary ID 125783909
Akctry-)CR:J\
NOTARY PUBLIC, STATE OF TEXAS
- 3 -
ACCEPTED by the City of Pearland this cvQn day of rnQvLirl , 2025.
GRANTEE:
CITY OF PEARLAND
By:
Name:
Title:
TIIE STATE OF TEXAS
COUNTY OF BRAZORIA
h
This instrument was acknowledged before me on this 'p�,0� day of m C11
2025, by 1.1(1} E 5on , C , 4.v h44(x of the City of Pearland, a
home rule city within : azoria and Harris Counties, Texas!on behalf of said city.
STAMP NAME AND DATE OF
EXPIRATION OF COMMISSION
BELOW:
After recording retum to:
Darrin Coker
City Attorney
City of Pearland, Texas
3519 Liberty Drive
Pearland, Texas 77581
RY
p TBLIC, STATE Jj1F TEXAS
-4-
EXHIBIT 1
I A
MHI Partnership, Ltd
Drainage Tract
6.453 Acres
STATE OF TEXAS 5
COUNTY OF BRAZORIA §
H.T. & B.R.R. Company Survey
Abstract No. 505
A METES & BOUNDS description of a certain 6.453 acre tract of land situated in the H.T. & B.R.R.
Company Survey, Abstract No. 505 in Brazoria County, Texas, being out the remainder of a called
238.414 acre tract of land conveyed to MHI Partnership, Ltd by Warranty Deed recorded in Clerk's File
No. 03 046549 of the Brazoria County Official Records and being all of a called 110-foot wide drainage
easement recorded in Instrument No. 2016006586 of the Brazoria County Official Public Records; said
6.453 acre tract being more particularly described as follows with all bearings being based on the Texas
Coordinate System, South Central Zone, NAD 83;
COMMENCING at a found 3/4-inch iron rod (with cap stamped "Cotton Surveying") at the northernmost
southwest corner o` Avalon Terrace Sec. 4, pia: of which is recorded in Plat No. 2014004766 of the
Brazoria County Plat Records, common with the southwest corner of Avalon Terrace Sec. 6, plat of which
is recorded in Plat No. 2016043896 of the 3razoria County Play Records, being in the north line of
Hughes Ranch Road (80' right-of-way) dedicated in said Plat No. 2014004766 and Plat No. 20130283349
of the Brazoria County Plat Records, and in the west line of the remainder of said 238.414 acre tract,
common with the east line of West Stone Road (60' right-of-way), from which a found 3/4-inch iron rod
(with cap stamped "Cotton Surveying") bears North 87°23'40" East, 904.51 feet at the southeast corner
of said Avalon Terrace Sec. 6, common with the southwest corner of Avalon Terrace Sec. 5, plat of which
is recorded in Plat No. 2015007042 of the Brazoria County Plat Records;
THENCE, South 02°52'26" East, along the west line of the eemainder of said 238.414 acre tract and said
Avalon Terrace Sec 4, 40.00 feet to a set PK Nail at the centerline of said Hughes Ranch Road and the
southwest corner of said Avalon Terrace Sec. 4 for the POINT OF BEGINNING of the herein described
tract;
THENCE, North 87°23'40' East, along the centerline of sad Hughes Ranch Road, common with the south
line of said Avalon Terrace Sec. 4, 110.00 feet to a set cut "X" in concrete at the northwest corner of
Minor Plat of City of Pearland Sports Complex, plat of which is recorded in sa'd Plat No. 2013028349 of
the Brazoria Plat Records;
THENCF, South 02°52'26" East, along the west line of said Minor Plat of City of Pearland Sports Complex,
passing the northeast corner of said 110-foot drainage easement at 40.00 feet, and passing the
southeast corner of said 100-foot wide drainage easement at 1470.68 feet, continuing in all a distance of
1553.19 feet to the southwest corner of said Minor Plat of City of Pearland Sports Complex;
THENCE, along the southerly line c` said Minor Plat of City of Pearland Spots Complex, the following
five (5) co.,rses and distances:
1. North 87°09'45" East, 627.90 feet to a point for corner;
2. North 85°44'04" East, 92.31 feet to a point for corner;
MHI Partnership, Ltd
Drainage Tract
6.453 Acres
3. North 78°32'28" East, 105.48 feet to a point for corner;
H.T. & B.R.R. Company Survey
Abstract No. 505
4. South 02°50'10" East, 41.96 feet to a found 5/8-inch iron rod (with cap stamped "CL Davis RPLS
4464");
5. North 87°09'50" East, 100.00 feet to a found 5/8-inch iron rod (with cap stampec "CL Davis RPLS
4464");
THENCE, South 02°50'1C" East, departing said southerly line, 11.66 feet to a set 3/4-inch iron rod (with
cap stamped "JonesjCarter Property Corner") the northernmost northeast corner of a called 17.9515
acre Storm Drainage and Detention Pond Easement recorded in Clerk's File No. 2006009629 of the
Brazoria County Official Public Records;
THENCE, South 78°06'42" West, along the north line of said 17.9515 acre easement, 253.03 feet to a
point for corner, from which a found 3/4-inch iron rod (with cap stamped "Cotton Surveying") bears
North 69°18'50" East, 0.18 feet;
THENCE, South 85°43'23" West, continuing along said north line, 744.76 feet to a found 3/4-inch iron
rod for the northwest corner of said 17.9515 acre easement;
THENCE, South 02°52'26" East, along the west tine of said 17.9515 acre easement, 770.1.2 feet to a set
3/4-inch Von rod (with cap stamped "Jones Carter Property Corner") in the north line of Avalon Terrace
Sec. 1, plat of which is recorded in Volume 24, Page 288 of the Brazoria County Plat Records;
THENCE, South 87°07'57" West, along said north line, 40.00 feet to a found 3/4-inch iron rod (with cap
stamped "Cotton Surveying") at the northwest corner of said Avalon Terrace Sec. 1, being in the west
line of the aforementioned 238.414 acre tract;
THENCE, North 02°52'26" West, along said west line, passing the southwest corner of the
aforementioned 110-foot wide drainage easement at 947.19 feet and passing the northwest corner of
said 110-foot wide drainage easement at 2377.79 feet, in all a total distance of 2417.79 feet to the
POINT OF BEGINNING, CONTAINING 6.453 acres of land in Brazoria County; Texas.
JonesjCarter
6330 West Loop South, Suite 150
Bellaire, Texas 77401
(713) 777-5337
TeXas (Boar( Professional Lam {Surveying
.eguG a i ton ;No. 10046100
) tl O.-l. f-i, y"J
Acting By/Through Martin G. Hicks
Registered Professional Land Surveyor
No. 4387
MHicks@jonescarter.com
Avalon Terrace
Detention Basin
24.1528 Acres
STATE OF TEXAS
COUNTY OF BRAZORIA
H. T. & B. R. R. Co. Survey
Abstract Number 505
A METES & BOUNDS description of a 24.1528 acre tract of land in the H. T. & B. R. R. Co.
Survey, Abstract Number 505 in Brazoria County, Texas, being a portion of a called
238.414 acre tract of land described in Warranty Deed from Peyton Martin, Trustee to MH1
Partnership, Ltd, executed July 29, 2003, as filed for record under Clerk's File Number 03
046549 of the Brazoria County Deed Records. Said 24.1528 acre tract is more particularly
described as follows with all bearings based on the Texas State Plane Coordinate System,
South Central Zone (4204), North American Datum of 1983 (NAD 83) as determined with
Global Positioning Satellite Equipment;
COMMENCING at a 2 inch pinch top pipe found for the southwest corner of said 238.414
acre tract and being on the north right -of way line of F.M. 518 (Broadway) (called 100 feet
wide) from which a 2 inch pinch top pipe found for the southeast corner of said 238.414 acre
tract at the intersection of the west right-of-way line of County Road 108 (Max Road) (called
60 feet wide) and the north right-of-way line of said F.M. 518 bears North 87°17'54" East,
2,067.70 feet;
THENCE, North 02'52'26" West, 1,719.71 feet along the west line of said 238.414 acre tract
to a 3/4 inch iron rod with cap stamped "Cotton Surveying" found for corner from which a 1/2
inch iron rod found for the northwest corner of said 238.414 acre tract bears North 02°52'26"
West, 3,520.40 feet;
THENCE, North 87°07'5T East, 40.00 feet to a 3/4 inch iron rod with cap stamped "Cottor
Surveying" set for the POINT OF BEGINNING of the herein described tract;
THENCE, North 02°52'26" West, 770.12 feet to a 3/4 inch iron rod with cap stamped
"Cotton Surveying" set for corner;
THENCE, North 85°43'23" East. 744.76 feet to a 3/4 inch iron rod with cap stamped 'Cotton
Surveying" set for an angle point;
THENCE, North 78°06'42" East, 253.04 feet to a 3/4 inch iron rod with cap stamped "Cotton
Surveying" set for comer on the west line of Lot 44, Section 10, of the Allison — Richey Gulf
Coast Home Co.'s. Subdivision as shown on the plat recorded 'n Volume 2, Pages 23 and
24 of the Brazoria County Map Records and as described in Warranty Deed with Vendor's
Lien from George A. Benn and wife, Mollie A. Benn to Leonard S. Simmons and wife.
Estella M. Simmons, executed April 24, 2001, as filed for record under Clerk's File Number
01 019311 of the Brazoria County Deed Records;
THENCE, South 02°50`10" East, 147.35 feet along the west line of said Lot 44 to a 3/4 irch
iron rod with cap stamped "Cotton Surveying" set for the southwest corner of said Lot 44
from which a 1 / - inch iron pipe found bears North 02°50'10" West. 0.58 feet;
Avalon Terrace
Detention Basin
24.1528 Acres
H. T. & B. R. R. Co. Survey
Abstract Number 505
THENCE, North 87°16'39" East, 481.21 feet along the south tine of said Lot 44 to a 3/4 incn
iron rod with cap stamped "Cotton Surveying" set for comer from which a 1 inch iron pipe
found for the intersection of the south line of said Lot 44 and the west right-of-way line of the
aforesaid County Road 108 bears North 87°16'39" East, 552.40 feet;
THENCE, South 32°15'29" West, 162.66 feet to a 3/4 inch iron rod with cap stamped
"Cotton Surveying" set for corner;
THENCE, South 02°53'49" East, 546.51 feet to a 3/4 inch iron rod with cap stamped "Cotton
Surveying" set for comer;
THENCE, South 87°07'57" West, 1,382.17 feet to the POINT OF BEGINNING, containing
24.1528 acres of land in Brazoria County, Texas as shown on drawing number 5826 S on
file in the offices of Cotton Surveying Company, Houston, Texas.
February 17, 2006
L1$URVPROJECTS`,5200-5299 CLIENT.5286\A_L DETENTION M&B DOC
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