R2006-017 01-23-06
RESOLUTION NO. R2006-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, DIRECTING THE BOARD OF DIRECTORS FOR TAX
INCREMENT REINVESTMENT ZONE NO. TWO ("TIRZ TWO") TO
PREPARE AMENDMENTS TO THE TIRZ TWO DEVELOPMENT
AGREEMENT AND PROJECT/FINANCING PLAN TO ALLOW FOR THE
ENLARGEMENT OF THE BOUNDARIES OF TIRZ TWO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. The City has received a Petition, attached hereto as Exhibit "A" and
made a part hereof for all purposes, for the enlargement of the boundaries of TIRZ TWO.
Section 2. The Board of Directors of TIRZ TWO are hereby directed to prepare
amendments to the Development Agreement and Project/Financing Plan to allow for the
enlargement of the TIRZ TWO boundaries to include approximately 457 acres that are
more accurately described in Exhibit "8" attached hereto.
PASSED, APPROVED and ADOPTED this the }3rd day of January
A.D., 2006.
__ ~J)u4!
TOM REID
MAYOH
ATTEST:
APPROVED AS TO FORM:
~~
DARRIN M. COKER
CITY ATTORNEY
EXHIBIT
I
IC
PETITION TO THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
FOR THE ENLARGEMENT OF THE BOUNDARIES OF
REINVESTMENT ZONE NO. TWO, CITY OF PEARLAND, TEXAS
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS:
The undersigned (herein the "Petitioners'), acting pursuant to the provisions of
Chapter 311, Texas Tax Code (the "Code'), respectfully petition the City Council of the
City of Pearland, Texas (the "CitY'), for the enlargement of the boundaries of
Reinvestment Zone No. Two, City of Pearland, Texas (the "Zone'), to include the land
described in Exhibit A and shown on Exhibit B, attached hereto (the "Land'), and in
support thereof, would show the following:
I.
Petitioners are the owners of the Land and constitute at least 50 percent of the
appraised value of the Land according to the most recent certified appraisal rolls for
Brazoria and Fort Bend Counties.
II.
The Land is within the corporate limits of the City and is contiguous to the
existing boundaries of the Zone.
III.
The Land is unproductive, underdeveloped and blighted, and, additionally,
meets the requirements of Section 311.005 of the Texas Tax Code because the Land to be
added substantially impairs and arrests the sound growth of the City; retards the
provision of housing accommodations; constitutes an economic and social liability and
is a menace to the public health, safety, morals and welfare in its present condition and
use because of the presence of:
(a) the predominance of defective or inadequate sidewalk and street layout;
(b) faulty lot layout in relation to size, adequacy, accessibility or usefulness;
(c) unsanitary or unsafe conditions;
(d) the deterioration of site or other improvements; and
(e) existence of conditions that endanger life or property by fire or other
cause; and is predominantly open and, because of obsolete platting, deterioration of
33793
structures or site improvements, or other factors, substantially impairs or arrests the
sound growth of the City; and
IV.
Less than ten percent of the Land proposed to be added to the Zone, excluding
property dedicated to public use, is used for residential purposes as defined in Section
311.006(d), Texas Tax Code.
V.
The total appraised value of taxable real property in the enlarged Zone and in
any other existing reinvestment zones does not exceed 15 percent of the total appraised
value of the taxable real property in the City and any industrial districts created by the
City.
VI.
The proposed enlarged Zone does not contain more than 15 percent of the total
appraised value of real property taxable by a county or a school district within whose
boundaries the Zone, as enlarged, is located.
WHEREFORE, Petitioners pray that this petition be heard and that the City
Council duly pass and approve an ordinance enlarging the boundaries of the Zone by
adding the Land described in Exhibit A and shown on Exhibit B.
[EXECUTION PAGE FOLLOWS]
82664
RANDALL D. RUDY
PEARLAND INVESTMENTS LIMITED
PARTNERSHIP, a Nevada limited partnership
By: M.M.L.B. Corporation, general partner
By:
Name:
Title:
PEARLAND 132 DEVELOPMENT, LP, a
Texas limited partnership
By: The Villas Management, LLC, a Texas
Limited liability company, its General Partner
By:
Ohad Yannay, Manager
RESPECTFULLY SUBMITTED this /y7f/'"'day of 2)('CY/11belr ,2005.
HARLOW ROYALTIES, LTD.,
a
By: H. Roy Tex, Inc.,
Managing General Partner
By:
Ellis Rudy, Officer
RANDALL D. RUDY
RUSSELL T. RUDY
PEARLAND INVESTMENTS LIMITED
PARTNERSHIP, a Nevada limited partnership
By: M.M.L.B. Corporation, general partner
By: ~/~ C?~
Name: ?dtll/he ~~//S
Title: I -n--""..5/~/?/
,
PEARLAND 132 DEVELOPMENT, LP,
a
By:
By:
Name:
Title:
82664,DOC
RESPECTFULLY SUBMITTED this /ff-idayof Z)ccrmbe r, 2005.
HARLOW ROYALTIES, LTD.,
a
By: H. Roy Tex, Inc.,
Managing General Partner
By:
Ellis Rudy, Officer
RANDALL D. RUDY
RUSSELL T. RUDY
PEARLAND INVESTMENTS LIMITED
PARTNERSHIP, a Nevada limited partnership
By: M.M.L.B. Corporation, general partner
By:
Name:
Title:
PEARLAND 132 DEVELOPMENT, LP, a
Texas limited partnership
By: The Villas Management, LLC, a Texas
Limited liability company, its General
Partner
--~ ~.
// ~ ~~;:;:I?
,'By: . ~?~::-._---- /-:;:://
.... .....--Ohad Yannay,CManager
T1RZ Annexation
January 17, 2006
Job No. 1545-2005-TIRZ
DESCRIPTION OF
457 ACRES MORE OR LESS
ANNEXATION TRACT
REINVESTMENT ZONE NO.2, CITY OF PEARLAND, TEXAS
Being 457 acres, more or less, of land located in the H.T. & B.R.R. Co. Survey, Section 84
(RB. Lyle) Abstract No. 538, Brazoria County, Texas and Abstract No. 767, Fort Bend County,
Texas and the A.B. Langermann Survey, Abstract No. 555, Fort Bend County, Texas, more
particularly being all of that certain called 2.121 acre tract conveyed to the City of Pearland, Texas
by instrument of record under File No. 2005008365, Official Records, Brazoria County, Texas
(B.C.O.R.),all of the residue of that certain called 160.048 acre tract conveyed to Pearland
Investment Limited Partnership by instrument of record under File No. 03-044886 and File No.
2004059020, B.C.O.R., all of that certain called 80.01 acre tract conveyed to Russell T. Rudy and
Randall D. Rudy by instrument of record under File No. 97-009257, B.C.O.R. and File No. 97-
08685, Official Records, Fort Bend County, Texas (F.B.C.O.R.), all of that certain called 80 acre
tract conveyed to Harlow Royalties, Inc. by an instrument of record under File No. 95-039382,
B.C.O.R. and File No. 95-70977, F.B.C.O.R., all of that certain called 132.5682 acre tract
conveyed to Pearland 132 Development, Limited Partnership by an instrument of record under File
No. 2004148674, Official Public Records, Fort Bend County, Texas (F.B.C.O.P.R) and a portion of
that certain called 522.62 acre tract conveyed to Ashton Southern Trails Joint Venture by
instrument of record under File No. 04-002615, B.C.O.R, said 457 acres, more or less, being more
particularly described by metes and bounds as follows:
BEGINNING at a point in the northerly line of the aforementioned H.T.& B.R.R. Co. Survey,
Section 84, the southerly line of the H.T.& B.R.R. Co. Survey, Section 83, Abstract No. 305,
Brazoria County, Texas and being the southeast corner of that certain called 50.981 acre tract
(described as the south one-half of Davis Tract) conveyed to Ralph S. Davis Jr. in "Agreed Final
Judgment in Partition" of record under File No. 02-060920, B.C.O.R. and File No. 2002136052,
F.B.C.O.P.R., the northwest corner of that certain called 522.62 acre tract of land conveyed to
Ashton Southern Trails Joint Venture by instrument of record under File No. 04-002615, B.C.O.R
and the northeast corner of said 160.048 acre tract;
Page 1 of 4
1:\ProjdsI<1 \SURVEY\1545\2005\TIRZ\Reinvestment Zone 2.doc
457 Acres
January 17, 2006
Job No. 1545-2005-TIRZ
Thence, EASTERLY, with the northerly line of said 522.62 acres, and the common lines of
said H.T.& B.R.R. Co. Survey, Section 84 and said H.T.& B.R.R. Co. Survey, Section 83, 2,640
feet, more or less, to a point on the centerline of County Road No. 48;
Thence, SOUTHERLY, with said centerline of County Road No. 48, and the common line of
said H.T. & B.R.R. Co. Survey, Section 84, Abstract No. 538 and the H.T. & B.R.R. Co. Survey,
Section 80, Abstract No. 564, 70 feet, more or less to a point for corner;
Thence, WESTERLY, leaving said centerline and common survey line, 2640 feet, more or
less, to a point on the westerly line of said 522.62 acre tract and the easterly line of said 160.048
acre tract
Thence, SOUTHERLY, along the westerly line of said 522.62 acre tract and the easterly
line of said 160.048 acre tract, passing at a distance of 2,570 feet, more or less, the northwest
corner of Lot 1 of Block 84 of Allison Richey Gulf Coast Home Company Part of Suburban Gardens
as recorded in Volume 2, Page 98, Plat Records, Brazoria County, Texas (B.C. P.R.), continuing in
all a distance of 5,212 feet, more or less, to a point for corner in the southerly line of said H.T.&
B.R.R. Co. Survey, Section 84, the northerly line of Section 2 of the H.T.& B.R.R. Co. Survey,
Abstract No. 566, Brazoria County, Texas and at the southwest corner of Lot 4 of said Block 84;
Thence, WESTERLY, along the common lines of said H.T.& B.R.R. Co. Survey, Section 84
and said H.T.& B.R.R. Co. Survey, Section 2, a distance of 2,640 feet, more or less, to a point for
corner, same being the southwest of said Section 84 and in the easterly line of the Manuel
Escalera Survey, Abstract No. 654, Brazoria County, Texas and Abstract No. 169, Fort Bend
County, Texas;
Thence, NORTHERLY, along the common lines of said H.T.& B.R.R. Co. Survey, Section
84 and said Manuel Escalera Survey, a distance of 3,194 feet, more or less, to a point for corner,
same being the southeast corner of the aforesaid 132.5682 acre tract and the common east corner
of said Manuel Escalera Survey and the aforementioned A.B. Langermann Survey;
Page 2 of 4
1:\Projdsk1\SURVEY\1545\2005\TIRZ\Reinvestment Zone 2.doc
457 Acres
January 17, 2006
Job No. 1545-2005-TIRZ
Thence, WESTERLY, along the common lines of said Manuel Escalera Survey and said
A.B. Langermann Survey and the southerly line of said 132.5682 acre tract, a distance of 3,359
feet, more or less, to a point for corner, same being the southwest corner of said 132.5682 acre
tract and in the easterly right-of-way line of F.M. 521;
Thence, NORTHEASTERLY, along the common lines of said 132.5682 acre tract and said
F.M. 521, a distance of 2,056 feet, more or less, to a point for corner, same being the northwest
corner of said 132.5682 acre tract, in the southerly line of that certain called 229.519 acre tract
conveyed to Pearland Investments, Limited Partnership by an instrument of record under File No.
1999028261, F.B.C.O.R. and in the northerly line of said A.B. Langermann Survey and in the
southerly line of the Franklin Hooper Survey, Abstract No. 198, Fort Bend County, Texas;
Thence, EASTERLY, along the common lines of said 132.5682 acre tract and said 229.519
acre tract and the common lines of said A.B. Langermann Survey and said Franklin Hooper
Survey, a distance of 2,632 feet, more or less, to a point for corner, same being the common
easterly corner of said A.B. Langermann Survey and said Franklin Hooper Survey and in the
westerly line of the aforementioned H.T.& B.R.R. Co. Survey, Section 84;
Thence, NORTHERLY, along the common lines of said Franklin Hooper Survey and said
H.T.& B.R.R. Co. Survey, Section 84, a distance of 158 feet, more or less, to a point for corner,
same being the common westerly corner of said Section 84 and the aforementioned H.T.& B.R.R.
Co. Survey, Section 83 and the common westerly corner of the aforementioned 50.981 acre tract
and the aforementioned 80 acre tract;
Thence, EASTERLY, along the common lines of said H.T.& B.R.R. Co. Survey, Section 84
and said H.T.& B.R.R. Co. Survey, Section 83 and the southerly line of said 50.981 acre tract, a
distance of 2,640 feet, more or less, to the POINT OF BEGINNING and containing 457 acres, more
or less, of land.
Page 3 of 4
l:\Projdsk1 \SURVEY\154S\2005\TJRZ\Reinvestment Zone 2.doc
457 Acres
January 17, 2006
Job No. 1545-2005- TIRZ
"This document was prepared under 22 T AC S 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 4 of 4
1:\Projdsk1 \SURVEY\1545\2005\TIRZ\Reinvestment Zone 2.doc
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