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HomeMy WebLinkAboutR2025-070 20250519RESOLUTION NO. R2025-70 A Resolution granting the consent of the City Council of the City of Pearland, Texas, consenting to the annexation of approximately 220.7 acres, (CR 100 east of Harkey Road), into Brazoria County Municipal Utility District No. 69. WHEREAS, Brazoria County Municipal Utility District No. 69 (the "District") is located wholly within the corporate limits of the City of Pearland, Texas ("City"); and WHEREAS, Section 54.016 of the Texas Water Code provides that land within a city’s corporate boundaries may not be included within a district without the city’s written consent; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City Council of the City of Pearland, Texas, gives its written consent to the annexation of 220.7 acres, as more accurately described in Exhibit “A” attached hereto, into the boundaries of Brazoria County Municipal Utility District No. 69, subject to the conditions attached hereto as Exhibit “B,” which conditions apply to all land in the District. PASSED, APPROVED and ADOPTED this the 19th day of May, A.D., 2025. ____________________________ J.KEVIN COLE MAYOR ATTEST: _____________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: ________________________________ DARRIN M. COKER CITY ATTORNEY Docusign Envelope ID: D5FEED05-D173-487C-809D-58937D77A5A4 County: Project: M&B No. Job Number EXHIBIT A Brazoria Massey Oaks MUD No. 69 251146 3084-MUD 4 FIELD NOTES FOR 220.7 ACRES BRAZORIA COUNTY MUD No. 69 ANNEXATION TRACT 4 Being a tract of land containing 220.7 acres located within the H.T. & B. R.R. CO. Survey, Section 32, Abstract No. 525 and the H.T. & B. R.R. CO. Survey, Section 31, Abstract No. 293 of Brazoria County, Texas and being a portion of a called 247.91 acre tract of land described in an instrument to RMJ Miller Real Estate Holdings, LTD. recorded under Brazoria County Clerk's Fite Number (B.C.C.F. No.) 2002020349, and being all of the 60 acres described as Lots 1B, 1C, 4A, 5A, 6, 7A, and 7B of Section 31, H.T. & B. R.R. CO. Survey, Abstract 293 in an instrument to RMJ Miller Real Estate Holdings, Ltd. recorded under B.C.C.F. No. 2002020350, said 220.7 acre tract of land described by metes and bounds as follows, with all bearings based on the Texas Coordinate System of 1983 (NAD83), South Central Zone 4204 and as cited herein: BEGINNING at a point on the centerline of McKeever Road (a.k.a. County Road 100) (width varies), lying on the North line of said H.T. & B. R.R. CO. Survey, Section 32, Abstract No. 525, same being the South line of H.T. & B. R.R. CO. Survey, Section 25, Abstract No. 245, said point being the common most Northerly Northwest comer of said 247.91 acre tract and the herein described tract from which the Northeast comer of a called 79.42 acre tract of land described in an instrument to instrument to MO Tract 3, L.P. and CIRE II, L.P. recorded under B.C.C.F. No. 2023007585 hears South 87 degrees 20 minutes 19 seconds West, a distance of 1,319.66 feet; TIIENCE, North 87 degrees 16 minutes 34 seconds East, a distance of 1,980.40 feet along and with the centerline of said McKeever Road, the North line of said 247.91 acre tract and said 60 acres, and the North lines of said H.T. & B.R.R. CO. Survey, Abstract No. 525 and H.T. & B. R.R. CO. Survey, Abstract No. 293, same being the South lines of H.T. & B. R.R. CO. Survey, Abstract No. 245 and H.T. & B. R.R. CO. Survey, Abstract No. 550 to the Northwest corner of a called 159.4303 acre tract described in an instrument to Prabhakar Rao Draksharam recorded under B.C.C.F. No. 1998013045, same being the common Northeast corner of said 60 acres and the herein described tract; THENCE, South 02 degrees 39 minutes 18 seconds East, along and with the West line of said 159.4303 acre tract, same being the East line of said 60 acres and over and across said McKeever Road at a distance of 40.00 feet passing the South right-of-way line of said McKeever Road, continuing along and with the West line of saki 159.4303 acre tract and the East line of said 60 acres for a total distance of 3,964.90 to the ExhibitJk. Page 2 of 3 Pages Southwest corner of said 159.4303 acre tract and the common Southeast comer of said 60 acres and the herein described tract, lying on the North line of a called 38.30 acre tract of land described in an instrument to Terry Rayner and Phyllis Rayner recorded under B.C.C.F. No.2010021517; THENCE, South 86 degrees 27 minutes 55 seconds West, a distance of 661.88 feet along and with the North line of said 38.30 acre tract and the South line of said 60 acres to an angle point for the Southwest corner of said 60 acres, the Southeast comer of said 247.91 acre tract, the Northeast corner of a called 1.527 acre tract of land described in an instrument to Terry Rayner and Phyllis Rayner recorded under B.C.C.F. No. 2001005049, and the Northwest comer of said 38.30 acre tract; THENCE, South 87 degrees 17 minutes 46 seconds West, along and with the South line of said 247.91 acre tract and the North line of said 1.527 acre tract passing the Northeast comer of a called one acre tract of land described in an instrument to Margaret C. Ray recorded under B.C.C.F. No. 2006045612, same being the Northwest corner of said 1.527 acre tract, continuing along and with the South line of said 247.91 acre tract and the North line of said one acre tract passing the Northeast comer of a called 0.80 acre tract of land described in an instrument to ANC Interests LLC recorded under B.C.C.F. No. 2023054433 and the Northwest corner of said one acre tract, continuing along and with the South line of said 247.91 acre tract and the North line of said 0.80 acre tract, pass the Northeast corner of a called 0.6942 acre tract of land described in an instrument to Julie Ann Dauphin recorded under B.C.C.F. No. 2009034214 and the Northwest corner of said 0.80 acre tract, continuing along and with the South line of said 247.91 acre tract, same being the North lines of said 0.6942 acre tract, a called 1.0 acre tract of land described in an instrument to Debra J. Rea recorded under B.C.C.F. No. 2009009368, a called 0.5101 acre tract of land described in an instrument to Gladys Loya recorded under B.C.C.F. No. 2010027637, and a called 1-1/2 acre tract of land described in an instrument to Jorge L. Hinojosa and wife, Veronica Hinojosa recorded under B.C.C.F. No. 2000003783, the Northwest corner of said 1-1/2 acre tract, same being the Northeast corner of a called 40.0000 acre tract of land described in an instrument to Prabhakar Rao Draksharam recorded under B.C.C.F. No. 2007030107 and continuing along and with the North line of said 40.0000 acre tract and the South line of said 247.91 acre tract for a total distance of 2,639.77 feet to the Northwest corner of said 40.0000 acre tract and the common Southwest corner of said 247.91 acre tract and the herein described tract, lying on the East line of a called 72.279 acre tract of land described in an instrument to Massey Oaks Development, L.P. recorded under B.C.C.F. No. 2017051899; THENCE, North 02 degrees 38 minutes 18 seconds West, along and with the East line of said 72.279 acre tract and the West line of said 247.91 acre tract, a distance of 1,320.00 feet to the Southeast corner of said 79.42 acre tract, the southwest corner of a called 0.8290 acre tract of land described in an instrument to the City of Pearland recorded under B.C.C.F. No. 2009005797 and the most Westerly Northwest corner of the herein described tract; Exhibit , Page 3 of 3 Pages THENCE, North 87 degrees 18 minutes 13 seconds East, a distance of 1,319.78 feet with the south line of said 0.8290 acre tract for the southeast corner of said 0.8290 acre tract and an interior corner of the herein described tract; THENCE, North 02 degrees 37 minutes 59 seconds West, at a distance of 27.28 feet pass the northeast corner of said 0.8290 acre tract, same being the southeast corner of a called 62.537 acre tract of land described in an instrument to TPG AG EHC III (MTH) Multi State 2 LLC, recorded under B.C.C.F. No. 2025004964, continuing along and with the East line of said 62.537 acre tract, the east line of a called 15 856 acre tract of land described in an instrument to TPG AG EHC III (MTH) Multi State 2 LLC, recorded under B.C.C.F. No. 2025004964 and partially along and with the West line of said 247.91 acre tract at a distance of 2,614.48 feet pass the Northeast corner of said 15.856 acre tract and lying on the South right-of-way line of said McKeever Road continuing along and with the West line of said 247.91 acre tract and over and across said McKeever Road for a total distance 2,653.98 feet to the POINT OF BEGINNING and containing 220.7 acres of land. This document was prepared under 22 Texas Administrative Code § 138.95 does not reflect the results of an on the ground survey, and is not to be used to convey or 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. 411-A C Pe_actric_ Anthony R. Peaco/k R.P.L.S. Texas Registration No. 5047 Miller Survey I DCCM PH: (713) 413-1900 Texas Firm Registration No. 10047100 Dwg: 3084-MUD-BDY_220.7 ACRES April 24 2025 Revised Date: April 25, 2025 rml r 1. The City of Peariand, Texas (the "City, through its City Manager, and the developer on behalf of Ilia District shall enter into and execute a utility services agreement Io substantially the form attached hereto as Exhibit 'vRI," to speeij' the tams and mad/dons for melding wafer and sewage treatment se vice& to the Diatrtot (the 'Utility Agree mane). upon the Dhia4ofa creation and conf imatfon, the District shall assume all the eighta, obligations, and I ntereats of the developers tinder the Utility Agnibmint, es set lath therein. 2. Following final approval by the City of the feat preliminary plat W the.Dishict, all meetings of the District conducted In accmdanoe with the Trams Open Meetings Ant shall ha held within the City's incorporated limits.. 31 The District may boo bo➢ds, Ina! tiding roflmding bonds, for any Riposte authorised by law, including but not llmlted to, purchasing, mfinaoeiog, designing end aanahaoting, or otherwise acquiring welwworks systems, sanitary sewer systems, storm sower systems, end drainage facilities, re ad and recto ational feel lities or pelts of such systems or faollittos, and to make any and ell necessary purchases, constructions, improvement entertains, additions, and repafss thereto, and to purchase or squib ell ueoenary land, right-of- way, casements, sites, equipment, buildings, p! ots, gnuoturee, end bailitim therellve, and to operate and maintain the same, and to tall water, sanitary sewer, and other earvloea within the boundaries of the Dlatriot All bonds issued by the District shall oompty with the following teona; a) Provide that the District reee vos the right to redeem said bonds ea any date subsequent to the SBaenb (Isth) anniversary of the data of Issuance (or etty rarller dab at the din mfloa of the DlsMot) without premium, and none of eosin bmrda, other dm refunding bonds, will be sold for Ins than 95% of par, provided that tho net affective interest rate on bonds so sold, Wag into amount any discount or premium as wall ea the intent rob home by such bonds, will not exceed two percent (2%) above dra highest average interest rote reported by the Daily Bored Boyer to lb weekly "20 Bond false during the ememmenth period nerd preceding the dab of the sale of melt bonds. b) The District shall not flrnd more thau24 months capitalized interest . In a single hood lasua c) Bond iesuanuos shall provide for payment of no loss than 40% of the principal within the twat half of the bond maturity schedule. d) The District's initial bond debt maturity dote shell not exceed 35 years. Subsequent bond Inmanan that exceed The mamtfty date for the initial bonds shell moire Citycaouoll consent by'dopttehof revolution, with such consent shall not be umbasondbty wilbbeld, conditioned or delayed, a) No additional Ind may be Lenard into the District unless the Clty Connell adopts a roeolotton granting its consent to the annexation. D &eh year the District shall provide a copy of the order establishing Hs ad voltamm fax rate to the City Director of Finance within 30 days after the Distriees adoption of thereto. g) Nett year theDistrictehell provides copy of its annual audit to the City Finance Director within 3D days of tho District's acceptance of We audit. AN b) Tho resolution authorlzhig the issuance of the District's bonds shall contain a provision Ibat the pledge of any revenues from the operation of tho D1alrict's water and sewer andlor drainage *ram to the payment of the Dhtdotb bonds will terminate when and if the City annoxes the District, lakes over to assets of the Mold, and assumes all of The obligations oflheDbb4ct, 4. Bahia the commtnonment of any oonstmotton within the District, its dirnoton, officers , or developers and landowners will submit to the City, or to lie dustgnated reprtsonmrva, all plans and specifications for the construction armadas, sanitary aewor and drainage th 7lfies to. serve Me District and obmin the approval of such plane and specifications fherogom. All wamr. wars, water instant flushing valvos, valves, pipes, and appmteaanoos theeto, instf1ed or used within too District will conform to tho speoifloatiooa of the City, All water service lines and sower service lines, lift stations, and eppmienenoes thereto, Installed or used within the District will comply with the City's standard plans oral 'glorifications ai amended from time to time• Prior to the conahuoUon of snub hankies within or by the Dish9G, the District cur its engineer will give written notice by roglaterod or certified mail to the City, stating the data chat auoh construction will ba commenced. The construction of the Diatdofs water, sanitary sows, and damage facilities will be In aocadanoo will the approved plans and specifications and with applicable standards and epeddmations of tho City; and during the progress of the oounaollon and installation of such thalliUas, the City may make periodic on -the -ground inspection, 455220,2 . • ALL 7•911- •