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HomeMy WebLinkAboutR2025-039 20250519RESOLUTION NO. R2025-39 A Resolution of the City Council of the City of Pearland, Texas, accepting a petition concerning the creation of a Public Improvement District; finding the petition to be compliant with applicable laws; approving and authorizing the mailing and publication of notice of public hearing regarding the possible creation of a Public Improvement District; and resolving other matters in connection therewith. WHEREAS, the City Council of the City (the "City Council") of Pearland, Texas (the City") has received a petition, dated February 24, 2025 (the "Petition"), which Petition is attached hereto as Exhibit A and which Petition the City Council hereby finds and determines to be validly submitted, in proper form, and compliant with applicable laws of the State of Texas (the "State") concerning the creation of a public improvement district (the “PID") with boundaries as described in the Petition, to support a development project within the incorporated limits of the City, as required and in compliance with Subchapter A of Chapter 372, as amended, Texas Local Government Code (the "Act"); and WHEREAS, the Petition indicated: (i) the owners of more than fifty percent (50%) of the appraised value of the taxable real property liable for assessment, and (ii) the owners of more than fifty percent (50%) of the area of all taxable real property liable for assessment within the PID executed the Petition; and WHEREAS, pursuant to the Act, prior to the action of the City Council concerning the creation of the PID, the City Council is required to conduct a public hearing concerning any such creation and provide notice of such public hearing as follows: (i) publish notice thereof in a newspaper of general circulation in the City, which notice shall contain, at a minimum, the requisite information specified in the Act, and (ii) mail written notice thereof which shall contain, at a minimum, the requisite information specified in the Act to the current address of the owner, as reflected on tax rolls, of property subject to assessment under the proposed PID; and WHEREAS, the City Council hereby finds and determines that, based on its receipt of the Petition, the City should proceed with the conducting of a public hearing concerning the creation of the PID and the giving of notice of such public hearing in the time, form, and manner provided by law, including the Act; and WHEREAS, the City Council hereby finds and determines that these actions are in the best interests of the residents of the City; now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. City staff and its advisors have reviewed the Petition and has determined the Petition complies with the requirements of the Act and the City Council accepts the Petition. The Petition is filed with the office of the City Secretary and is available for public inspection. Docusign Envelope ID: D5FEED05-D173-487C-809D-58937D77A5A4 RESOLUTION NO. R2025-39 Section 2. The City Council calls a public hearing to be scheduled at 6:30 p.m., on June 23, 2025, to be held at 3519 Liberty Drive, Pearland, Texas 77581 on the advisability of establishing the PID, the nature of the improvements contemplated, the estimated costs of the improvements, the boundaries of the PID, the method of assessment, and the apportionment, if any, of the costs. All residents and property owners within the proposed PID, and all other persons, are hereby invited to appear in person, or by their attorney, and speak on the creation of the PID. Section 3. The City Secretary is hereby authorized and directed to cause notice to be published and mailed of the City Council' s intention to conduct a public hearing concerning the creation of the PID. The notice of the public hearing regarding the PID creation is hereby approved and authorized to be published and mailed and shall read substantially in the form and content of Exhibit B attached hereto, which notice is incorporated herein by reference as a part of this Resolution for all purposes. Section 4. The City Secretary shall cause the aforesaid notice, attached hereto as Exhibit B, to be published in a newspaper of general circulation in the City in which the PID is to be located or in which the improvements are to be undertaken before the fifteenth (15th) day before the scheduled date of the public hearing. The City Secretary is hereby authorized and directed to mail notices of the hearing regarding the creation of the PID substantially in the form attached hereto as Exhibit B to the current addresses of the owners, as reflected on the tax rolls, of property subject to assessment under the proposed PID and to address such notices to (the "Property Owner") before the fifteenth (15th) day before the scheduled date of the public hearing, as required and as provided by the provisions of Section 372.009(d) of the Act. Section 5. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 6. All orders and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 7. This Resolution shall be construed and enforced in accordance with the laws of the State and the United States of America. Section 8. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and this City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 9. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject Docusign Envelope ID: D5FEED05-D173-487C-809D-58937D77A5A4 RESOLUTION NO. R2025-39 matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 10. This Resolution shall be in force and effect from and after its final passage and it is so resolved. 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 RESOLUTION NO. R2025-39 EXHIBIT A PID Petition Docusign Envelope ID: D5FEED05-D173-487C-809D-58937D77A5A4 RESOLUTION NO. R2025-39 EXHIBIT B Public Hearing Notice Docusign Envelope ID: D5FEED05-D173-487C-809D-58937D77A5A4 PETI ION FOR THE CREATION or A PUB!C IMPROVFMEN'T DISTRI CT RECEWF DWITHINTHECITYOFPEARL/\ND,‘EXAS FOR THE SMI’H RANCBEBIZ BIJQQS 16:41 IMPROVEMENT DISTRICT C I T Y OF13129315: va.C}TY$ ECRET GRY‘S UFFICF ThIs petItIon ("Petltmn")Is sumetted and IIled WIth the Guy Secretary of t 1e City Pear land.Texas ("CIIy").by the property owners as hsted hereunder as slgnc orthis PetItton.a s owne rs or 65 63 percent of the real property.collccllvely known as (the petItIoners")located wlt hin the s proposed boundar-es of the Dlstrlet.as herelnat‘ter de?ned.AetIng pu Iant to the p r o of Chapter 372.Texas Local Government Code‘as amended (the "4\_e_t')the PetItIoners r e q u e st that the Guy create a publle Improvement dIstI-Iet (the "DIstrIet"),to Include property loeated wnh ln the Guy lIInits of the C‘Ity of Pearland (the "Property"),more pameularly desethed by met es and bounds descripnon In E -bIt A and dopIcted In Ex t B In support ofthls petItIon,(ht:Pet ItIo nc- rs would present the follow ng' Seetlon I General Nature of the Authorlzed Ilnnrovcmcnls The general n at ur e ofthe proposed pthlIe Improvements (colleetlvcly,the "Aulhorlzcd Improvements")WIII only In cl ud e (I) aequIsItIon,construction,and Improvement of wastewater Improvements and faeIIItIes a s gener allydescrIbedInthe"Dcvelopn‘lcnt of Regional sIIIItII Ranch Wastewater lrnproven‘lcnts“b y Fl' ees e and Nichols dated May ID,2024.Wluch Is altachcd hereto as Ex it C,(ii)projects sunll ar tothose Itsted In sIIbsectIons (I)above atItlIorIzed by the ACL IIIelIIdIng snnIlaI-orr—sIte projects t h a t provI de a bene?t to the property Wllhln the DIstnet.and (III)payment ot‘eos ?nancIng the pIIblIc Improvements lIsted hereIn ssocIated WIth dev elop mg and Seetlon 2.Estunatcd Cost of the Authorxzed llnprovcrncuts.The estnnatcd cost todeSIgn, Zquull‘C‘and construct the Authorlzed Improvements.together WIth ehglble legal and I‘ In a n el al fees, ellglble credtl enhancen‘Ient costs and elIgIble costs Incurred In the establIshmenl,adI nI nIs lra tlo n. and operauon ofthe DIstrIct Is $6tl35.450 The (‘Ity WIll ulIlIze other sources to pay f o r add ItIo nalcostsfortheproposedImprovementsotherthanassessmentsofpropertyowners Sean»:3 Boundarles ol‘the Proposed DIstI—Iet The DIstrIeI Is proposed to Include tProper tyasshownInExhibitB SeetIon 4 Proposed Method of Assessment The Guy shall levy assessments on e a c h parcel WIthIn the DIsII-Iet In a manner that results In Imposmg equal shares ofthe costs on property snnlla rlybene?ted All assessments Inay be paid in full at any IInIe (Including Interest and prI npr al). and eenam assessments may he paId In annual Installments (Includmg Interest and prIneI pal) Ifan asseSSInenl IS allowed to be paid In Installlnenls,then the installlnents Inusl be pald Inan' lountsneemytomeetannualcostsforthoseAnthonzedImprovements?nanced by the asses smen t and must eontmue for a peI-Iod necessary to retIre the Indebtedness Incurred to pay the co sts ofthose Aulhorlzcd Improvements (Illcludll‘lg Interest)Property owners can pay the annual Installm ents from the begInnIIIg of the assessment levy If the property owner chooses not to pay annual I from the begInnIng.assessment will he due In full (includIng ae rued Interest)at the tun e of(a) transfer of ownershlp to an unrelated enutyt or (b)at the tune of reeorang of platfor dcvcloplnenl Interest wIll begun to accrue once lhe Aulhonzcd InIproveIncnts are authorlze d foruse lll‘ zlgc by the City in the area The Interest rate due on the unpaid assessnients will be ?xed b a s e d onthe Bond Buyers Index “20~Bond Revenue lndex”reported in the month before the date t h e asses smen tisapprovedbytheCity Section 5 Proposed Apportioninent of Costs between the District and the City CityWill not be obligated to prov1de any funds to finance the Authorized linprovenients,othe r thanfrom assessnients lev1ed on the [)istriet No niuniCipal property in the public improvement d is tr ic t shall be assessed The Petitioners may also pay certain costs of the improvements from oth er funds available to the Petitioners Section 6 lVIanaOeinent of the District.The Petitioners proposes that the District benianage dbytheCity.With the assistance of a consultant,who shall,froin time to tune,adv 1se theCity regarding certain operations of the District. Section 7‘The Petitioners~Requests Establishinent of the District The person Sig nin g this Petition requests the establishment ot‘the District,is duly authorized,and has the corporate authori tytoexecuteanddeliverthePetition.This Petition may be signed in multiple counterparts which, when taken together,shall be deemed one original. Section 8 AdVisorv Board The Petitioners propose that the District be esta blis hed and managed \Vithout the creation of an adVISory board ll’an adVisory board is created,th e Petit ione rsrequeststhatarepresentativeofthePetitionersbeappointedtotheadVisoryboard Section 9 Landowne?s)This Petition has been Signed by (l)the Oaners of ta xa bl e real property representing 62 00 percent of the appraised value of taxable real property liablefor assessment under the proposal,as detei‘niined by the current roll of the appraisal distri ct inwhich the property is located;and (2)record owners of real property liable for assessnient underthe proposal \VhO.(A)constitute 65.63 percent of all record owners of property that liablefor assessment under the proposal,or (B)own taxable real property that constitutes 62.68 ofthe area of all taxable real property that are liable For assessment under the proposal.Thi s Petiti on is hereby ?led With the City Secretary ofthe C‘ity of Pearland,or other of?cer perforining tfuncti onsol‘the iiiunieipal secretary.in support of the creation of the IJistrict by the Pearland ( Cit y Cou nCil as herein prov1ded The unders‘igned request that the Pearland C‘ity Counc11 call a public h e a r i n g onthe advisability of the Authorized Improvements,give notice thereof as prov1ded by layv grantall niaiters requested in this Petition and grant such other relief,in law or in equity,to which Petit ione rsniayshowthemselvestobeentitledWithrespecttocommunityproperty,the City niay accep t the Signature ofa spouse as a representation ol‘both spouses that they support the creation rene wal of the PID absent a separate property agreement However,if City sta Ff is inade z u v a r e ofany disagreement among owners of community property,those petitions Will not be counted. RESPECTFULLY SUBMITTED,on this day of PROPERTY OWNER' Richard Atcheson, An IndIVIdua] / / / By-K:ar m meson,Property Ow ner ,7 _/ RESPECTFULLY SUBMITTED,on this Z ~/7 day of Z04 D PROPERTY OWNER. Tessy Atcheson, An Individual By.Tessy Atch son,PropertyOwn er RESPECTFULLY SUBMITTED,on ‘hls 2 (/1 day of 202$ PROPERTY OWNER: John H Gehnng,In, An Individual By.John H Gehring,Jr ,Property ‘3 0 (IL >4RESPECTFULLYSUBMITTED,on this ‘33 day of PROPERTY OWNER.,a Texas L/LC, Sonmn Apartmemts.LLC A Texas Lm Liability Co an "in! 13me Its: 3| Pa gc RESPECTFULLY SUBM IFlVlWEI)w on this day of PROPERTV'OVVNER. Richard A tcheson. An Indxvxdual BV Rlchard Atcheson.Property O w n erRESPECTF‘IJLLY SLIBTVIITTED.on this day of PROPERTY OWNER: Tessy Atcheson, An Ind1v1dual By‘Tessy Ateheson,Property () \ vn er, ,«r *7 «x , RESPEC‘TFULL‘Y bUBMITTED.on this 1 .»day of .C’:/(vf‘é‘c?xi‘s/ cJ?‘PROPERTY OWNER John H Gehring,Jr , An InleIdual (, "i "'/ '2»f'2! ‘7 3',-,,_j'i//.i By John Iii Gehrin‘g._r. ' , [(ESPEC‘TFLJLLV’SUBMITTED,on thls day of PRC)PERTY ()WNER‘ 5 a Texas LLC: Sontrln Apartnlenlts LLC A Texas Lnnlted Llablllty Company RESPECTFULLY SUBMITTED,on thus 2‘,2 day of 2‘;5 2a 5. PROPERTY OWNER. Massoud Motarnedl, An Individual 9 ?Zé/r/E/ra'’2’?- By‘Massoud Motanledl.Property Ow ner K RESPECTFULLY SUBMITTED.on this 4 '4 day of éié?uélK Z. PROPERTY OWNER- Larry Gehnng. An Individual ~WAN VByLarryGehx1g,Property Owne r RESPECTFULLY SUBMITTED,on thlS /2 day of é’??2?l? PROPERTY OWN ER ‘ John Gehrxng, An Individual RESPECTFULLY SUBMITTED.on lhxs :32 day or J ‘9 S ”PR()PERTY OWNER~,a Texas Ltd Partnership. Alnnas Properties Ltd A Texas anned Parlnerslnp EXIJIBIT A LEGAL DESCRIP'I‘ION I)!I7ZUZ‘? Allisoanichey Gulf Coast Home Subdivision Sect ion 85 H T &B R R Company Survey,A—304,Brazoria C ou nt y, Texas City of P e ar la n d Smith Ranch Public Improvement Distr ict (PID) 79. 732 Acres DESCRIPTION Of 79.732 acres of land Situated in Section 85 of the H.T.&B.RR.Company Sur vey , Abstract 304,Brazoria County,Texas.Said 79.732 acres being out of Lots 1 t h r o u g h 6, Lots 1 1 and 12,all of Lot 15,and a portion of Lot 16 of the Allison—Richey Gulf Coas t Home SubdiVi8ion,according to the plat thereof recorded in Volume (Vol )2,Page (Pg )107of the Brazoria County Plat Records (B.C.P.R.).Said 79.732 acres being comprised ofallor portions of the tracts listed below. 11 570 acres tract conveyed by Correction Instrument to Chan,LLC as rec ord ed In Instrument Number (Inst.No.)2021031720 of the OffiCIal Public Records of B ra z or ia County,Texas (O.P.R.B.C.T.), Two Acres tract conveyed by deed to Chris Mosely,as recorded in Inst No 201 621 224, O.P R B C T ; 1 000 acre tract conveyed by deed to ALIMAS PROPERTIES,LTD.,as recorded inInst. No 2022056943,0 P R B C T , 1.000 acre tract conveyed by deed to Paul M Edwards and Josephine Edwa rds, as recorded in Vol.1492,Pg.872,Brazoria County Deed Records (B.C.D.R ),O P BCT; 0.1858 acre tract conveyed by deed to Gu?lermo Proestakis,as recorded In I n st No. 202138128,0 P R B C T ; 0.4579 acre tract conveyed by deed to Chay Ung,as recorded in Document Numbe r (Doc No.)201 1001608,O.P.R.B.C.T., One Acre tract (Tract One)conveyed by deed to Carlos Lewis,Jr ,Keith RoShawn Lewi s,and Kevm Donnel LeWis,as recorded in Inst No 2023052312,O P R B C T , 1/2 —Acre (Tract Two)conveyed by deed to Carlos Lewis,Jr.,Keith RoShawn L e w is , and KeVIn DonneI LeWIs,as recorded in Inst No 2023052312,0 P R B C T , 0 78 acre tract (Tract #2)conveyed by deed to ALIMAS PROPERTIES,LTD.,as r e c o r d e d in Doc No 2006026952,O.P.R.B.C.T., 1 0638 acres tract conveyed by deed to ALIMAS PROPERTIES,LTD.,as recorded inInst. No 2013000516,O P R B C T , 0 563 acre tract conveyed by deed to ALIMAS PROPERTIES,LTD.,as recorded inInst. No 2017024086.O P R B C T, 0.600 acre tract conveyed by deed to ALIMAS PROPERTIES,LTD ,as recorded inInst No.2017024086,O.P.R.B.C.T., 01472025 Allison—Richey Gulf Coast Home SudeVISIon InSectlo n 85 H T &B R R Company Survey.A—304,Brazoria Texas 0 42 acre tract conveyed by deed to ALIMAS PROPERTIES,LTD.,as recorded inDoc. No.2006024212,O.P.R.B.C.T., 0 455 acre tract (Tract 1)conveyed by deed to ALIMAS PROPERTIES,LTD ,as re co rd ed In Inst No 2022023392,0 P R B C T; 0.455 acre tract (Tract 2)conveyed by deed to ALIMAS PROPERTIES.LTD.,as re co rd ed In Inst No 2022023392,0 P R B C T; 1.33 acres tract conveyed by deed to ALIMAS PROPERTIES,LTD ,as recorded inDoc No 2007004403,0 P.R.B C T , 1 00 acre tract (Tract #1)conveyed by deed to ALIMAS PROPERTIES,LTD ,as re co rd ed In Doc No 2006026952,O P R B C T ; 0.08 acre tract conveyed by deed to ALIMAS PROPERTIES,LTD.,as recorded inDoc. No 2007004403,0 P R B C T , 10 acres (Lot 1 5)conveyed by deed to NIzam M.Meah and JesmIn R.Meah,as re co rd ed in Doc No.2001001387,O,P_R.B.C.T., 2 0243 acres tract conveyed by deed to ALIMAS PROPERTIES,LTD ,as re c or d e d In Doc.No 2011026943,O P R B C T; 0.9182 acre tract conveyed by deed to ALIMAS PROPERTIES,LTD.,as recorded inDoc No.2006054005,O.P.R.B.C.T., 0.3329 acre tract conveyed by deed to Massoud MotamedI,as recorded In D o c No 2006006751,O.P R B C T; 1 6671 acres tract conveyed by deed to Massoud Motamedi,as recorded in D oc . No. 2005000485,0 P R B C T , 2.00 acres tract conveyed by deed to ALIMAS PROPERTIES,LTD ,as recorded InDoc No.2006063236,O.P.R.B.C.T.; 2 0000 acres tract conveyed by deed to ALIMAS PROPERTIES,LTD.,as recorded inInst. No 2013008474,0 P R B C T . 1 004 acres tract conveyed by deed to Huong T.Tran,as recorded in No. 2020059552,O.P.R.B.C.T., 0 53 acre tract conveyed by deed to Larry GehrIng and John Gehrmg,as recorded InInst No.2009034899,O.P.R.B.C.T.; 3 347 acres tract conveyed by deed to John Gehring,as recorded in Vol.1537,Pg.93, BC.D.R,OPRBCT; 5.00 acres tract conv yed by deed to John Gehring,as recorded In Vol.1522,Pg879, 8.0 D R.,O.P.R.B.C-T., 01/!72025 Allison—Richey Gulf Coast Home Subdivision Sect ion 85 H T &B R R Cor‘npany Sun/ey.A4304.Brazoria C ou nt y, Texas Called 100'x 150’tract conveyed by deed to Southwestern Bell Telephone Comp any, as recorded in Vol 1692,Pg 678,B C D R,O P R B C T, Remainder of Lots 1 &2 Allison—Richey Gulf Coast Home Company subdivision, by deed to Richard Lee Atcheson and Wife Tessy A.Atcheson,as recorded in No 1994037405,0 P R B C T , 8.000 acres tract (Tract l)conveyed by deed to Sontrin Apartments,LLC,as rec or de d in Inst.No.2022018081,O.P.R.B.C.T., Called (Tract ll)conveyed by deed to Sontrin Apartments,LLC,as recorded In I n st No 2022018081,O.P.R.B-C.T.; Remainder of the West half of Lot 1 1 ,Allison—Richey Gulf Coast Home Co.,conve yed by deed to Phuong Pham and Hiep Pham,as recorded in Inst No 20160 07641 , OPRBCT; Said 79 732 acres being more particularly described by metes and bounds as foll ow s; (Bearings based on Texas State Plane Coordinates,South Central Zone 4204. BEGINNING at the southwest corner of the herein described tract,same the northwest corner Pearland Office Park,Block 1,Lot 1 according to the plat ther eofrecordedunderDocNo2018021087oftheB.C.P.R.,same corner being atthe Intersection of the south line of said 1 1 570 acres and the east right—of—way line ofSmith Ranch Road (ROW Varies —Vol 2,Pg 107—Inst Nos 2018021087,20220 57920,2022001233,O.P.R B.C T ),; THENCE North 03°14’38”West along the east right-of—way of Smith Ranch and across said 1 1 570 acres,pass a distance of 278 79 feet the common line of sai d 11.570 acres and said Two Acres,pass a distance of 494 93 feet the north line of said Tw o Acres ,pass a distance of 535.07 feet the south line of said 0 1 858 acre,pass a distance 59430 feet the common line of said 0.1 858 acre tract and said 0.4579 acre tract,pass adi st a n c e of 742 41 feet the common line of said 0 4579acre tract and said 0.563 acre tract,passa distance of 1252 19 feet the common line of said 0.9182 acre tract and said 0. 332 9 acre tract,and continumg along the east right—of—way line of Smith Ranch Road f atotal distance of 1 ,263 31 feet to a pOInt for corner, THENCE North 86°45’22”East a distance of 8.00 feet continUIng along the righ t- of- wa y line of said Smith Ranch Road to a point for corner; THENCE North 03°14’38”West along the east right—of—way of Smith Ranch Ro ad, pass a distance of 294.62 feet the common line of said 1.004 acres tract and said 53acre tract,pass a distance of 386.42 feet the common line of said 0.53 acre tract and s a i d 3347 acres,and continumg along the east right—of—way line of Smith Ranch Road for a di st a n c e of 41 7 42 feet to a pomt for the beginning of a curve to the right, THENCE across said 3.347 acres,continumg along the east right~of—way of Smith Ranc hRoadwithsaidcurvehavingaradiusof1,942.00 feet,a central angle of 04°08”,a chord bearing and distance of North 01°13’04"West —137 32 feet and an arc l e n g t h of 1 37.35 feet to a pOint of reverse curve; (ll’l7XlUZS Allison—Richey Gulf Coast Home SubdiViSion inSecti on 85 H T &B R R Company Survey,A—304,Brazoria Texas THENCE along said curve haVing a radius of 2,058.00 feet,a central angle of 04 ° 03'08", a chord bearing and distance of North 01°13’04"West —-145 52 feet and an arc len gt h of 145 55 feet to a pomt of tangent, THENCE North 03°14’38"West continuing along the east right—of—way of s a i Smith Ranch Road,pass a distance of 1 1 46 feet the common line of said 5 00 acres tr ac t and said 100'by 150'Southwestern Bell Telephone Company tract for a total di st a n c e of 227 71 feet to a p0int for the beginning of a curve to the right; THENCE continumg along the east right—of—way of Smith Ranch Road with curve having a radius of 982.00 feet,a central angle of 02°44’58”,a chord bearing and dis tan ce of North 01 °52'09"West ——47 1 2 feet and an arc length of 47 12 feet to a pOint corne r; THENCE South 89°30’20"West a distance of 8.00 feet continuing along the rig ht — of ~ wa y line of said Smith Ranch Road to a pomt for the beginning of a non—tangent cur ve tothe right, THENCE continUIng along the right-of—way line of said Smith Ranch Road with curve having a radius of 990.00 feet,a central angle of 17°54'18",a chord bearing and dis tan ce of North 08°27‘29”East —308 12 feet and an arc length of 309 38 feet to a pomtofpomt of reverse curve, THENCE along said curve haVing a radius of 1 ,090.00 feet,a central angle of 1 32’26”, a chord bearing and distance of North 09°38’26”East —294.74 feet and an arc le ng th of 295 65 feet to a pOint for corner, THENCE along the southeast cut—back lines of said Smith Ranch Road right—of- way (Inst. No.20180378686,O.P.R.B.C.T.),common with the northwest lines of t h e herein described tract,the following courses and distances, North 86°30’57"East a distance of 1 1 95 feet to a pomt, North 03°04’07”West a distance of 18 87 feet to a pomt; North 41 °23’04"East a distance of 48.75 feet to a pOint; North 86°19’35”East a distance of 17.95 feet to a point; North 03°24’55"West a distance of 29 71 feet to a pomt for corner in tsouth right~of-way line of Hughs Ranch Road (R O W Varies); THENCE North 86°23’42”East a distance of 636 54 feet continuing along the line of said Hughs Ranch Road and the north line of said remainder of Lots 1 &Allis on—Richey Gulf Coast Home Company subdiVI5ion tract to an angle pomt at the n o r t h e a s t corner of said Lot 1 and the northwest corner of said Lot 1 1; THENCE North 86°40’19”East a distance of 440.00 feet continumg along the line of said Hughs Ranch Road and the north line of said remainder of west half of L ot 11tract and north line of said Tract ll of Sontrin Apartments,LLC tract to a point for the corner of Lot 8 of Serene Gardens according to the plat thereof recorded under D oc No 2012007617,O.P.R.B.C.T., THENCE South 03°14’39”East a distance of 940 64 feet along the east line of herein described tract and the west line of said Serene Gardens to a pOInt for corner in th e north line of said Lot 1 3; ul/i7.:',u:5 Allison—Richey Gulf Coast Home Subdivision Sec tio n 85 H T &B R R Company Survey,A—304,Brazoria Co unt y, Texas THENCE South 86°45’21 ”West a distance of 440.00 feet along the common lin e ofLots 1 2 &1 3 of said Allison—Richey Gulf Coast Home Company sudeVISion to a pomt f o r cor ner; THENCE South 03°14’39"East a distance of 985 10 feet along the east line of 5.00 acres John Gehring tract and said 3.347 acres John Gehring tract and the 2.0000 acres Alimas tract,same being the west line of Lots 13 &14 of said Allison-Richey G ul f Coast Home Company subdivision to a point for the southwest corner of said Lot 14 an d the northwest corner of Lot 15 of said Allison—Richey Gulf Coast Home Company Su ble lSl on to a pomt for corner; THENCE North 86°45’21”East a distance of 880 00 feet along the north line sai d ofsaid 10 acres Nizam M Meah and Jesmin R Meah tract to the northeast corner of sai d Lot15; THENCE South 03°14’39"East a distance of 495.00 feet along the east line of sa id Lot 15 to the southeast corner of said 10 acres Nizam M.Meah and Jesmin R.Me ah tract, same being the northeast corner of a called 4 22 acres tract conveyed by deed tNiza mMMeahandWifeJesminRMeahasrecordedinDocNo2004068796,0 P R BCT, THENCE South 86°45’21”West a distance of 880 00 feet along the common lin e ofLots 1 5 &1 6 of said Allison—Richey Gulf Coast Home Company sudeVIsmn to a pomt f o r corn er; THENCE South 03°14’39”East a distance of 214 47 feet along the west line of 422 acres tract to a pomt for corner in the north line of said 1 1 570 acres Chan LLC THENCE North 86°45’21”East a distance of 880.00 feet along the common lin e ofsaid 4 22 acres and 1 1 570 acres to a pomt for corner, THENCE South 03°14'39”East a distance of 280 53 feet along the east lin e ofsaid 1 1 .570 acres Chan LLC tract to a pomt for the southeast corner of the herein d e s c ri b e tract,same being the northeast corner of Reserve B’Block 2 of said Pearland Office Park, THENCE South 86°45’21”West a distance of 1720 00 feet along the south lin e ofsaid 1 1 .570 acres and the north line of said Pearland Office Park to the PLA CE OF BEGINNING of the herein described tract of land and containing within these calls 79. 732acresor3,473,144 square feet of land This document was prepared under 22 TAC §663 21 ,does not reflect the results ofanon the ground survey,and is not to be used to convey or establish interests in real pr o p er ty except those rights and interests implied or established by the creation or reconfigu ration of the boundary of the political SUblelSlOn for which it was prepared scoT LOWE ’ Registered ProfeSSional Land Surveyor No.5007 T B P L S Firm No 10194382 may 3%.: --i‘n"x$’w‘—E 51 E EXHIBIT B PID MAP ,t\i ; mmmm a.»mumwgggg um 9:32 A “k?”‘7, :3;ngmea ,e a); ‘CITY OF PEARMND Snuth Rnnrh Public Inipruvenlent Distria‘t (Fun 1:.Parcels EXHIBIT C I)EV'ELOPI\’IEN’F OF REGIONAI,SIVIITH llANCTH WASTEWATER IMPROV’ EIVIEN'I‘S INFRASTRUCTURE SUMMARY AND OPINION OF PROBABLE CONSTRUCTION COST Sihith Ranch Wastewater ln‘lprovemenis r NICHOLS 11200 Broadway Street,suite 2320 -Pearland,Texas 77534 -832745574700 -FAX 8321A56r4701 ww w freesecoin DEVELOPMENT OF REGIONAL SMITH RANCH WASTEWATER IMPROVEMENTS The city of Pearland evaluated multiple alternatives to provide regional wastewater service to propert ies east of Smith Ranch Road as part of the 2023 Regional Wastewater Improvements for Smith StudyArea Developments assessment This study selected an infrastructure alternative that would send w a st e w at e r flows under Highway 288 to the City's Reflection Bay Water Reclamation Facility (WRF)The wastewater infrastruc ture recommendations and opinion of probable construction cost (opcc)proVided herein represent anupdatetothis selected alternative The locations of the recommended lift station and gravlty lines are still co nc ep tu al, butthey have been updated to provide for more efficient maintenance access from the City of Pearland Recommendation Summary Freese and Nichols,inc (FNI)recommends the construction of regional wastewater infrastructure thatissizedto serve the total projected study area peak wastewater flows it is recommended to construct g r a v it y linesanda new lift station and force main east of Smith Ranch Road and pump the study area wastewate r flowstothe Reflection Bay WRF service area The recommended force main from the new lift station woul d disch arge tothe city's collection system into an exlstlng Borinch gravity line near the intersection of Discovery DriveandKirby Drive The planning-level opcc for the recommended wastewater improvements to serve the s t u d y areaflowsis $6,077,450 Attachments 1.Flgure of Smith Ranch Regional Wastewater Infrastructure The attached figure illustrates the recommended Infrastructure In red Note that uti lit y alignme nts are conceptual Actual location of all recommended wastewater infrastructure will be deter mine d atthetime of utility design 2.opcc for Smith Ranch Regional Wastewater infrastructure The planning-level opcc accounts for design and construction costs and includes a continge ncy it also includes an assumption for easement acquisition that will be determined by apprais als NotethatFNI has no control over the cost of labor,materials,equipment,or over the Contract or's methodsof determining prices or over competitive bidding or market conditions Opinions of probab le costsprovided herein are based on the information known to the Engineer at this time and represent o n l y theEngineer's Judgment as a design professional familiar with the construction industry The Engineer canno t anddoes not guarantee that proposals,bids,or actual construction costs will not vary from its ofprobable costs 83.888i ?rwllivg5%SE838;.l , 222:3883;I v 82axeu€38E; S; OPINION OF PROBABLE CONSTRUCTION COST mmm I NAME Regional Smith Ranch WW Improvement CI IENT Clty of Rearlana JFJwITTAI Prellmlnary Engineering ITEM DESTRIFIION OUAI NH mm TOTAI GENERAL WORK 1 MOBILIZATION (MAX 3%OF TOTAL COST)1 L5 5 105,000.00 5105,000 2 TRAFFIC CONTROL 1 Is 5 25,000 525,000 3 STORM WATER POLLUTION PREVENTION PLAN AND CONTROL 1 L5 5 20,000 520,000 a TRENCH SAFETY 4300 LS $5 $21,500 5 GROUNDWATER CONTROL FOR OPEN-CUT CONSTRUCTION 4300 IS 5 50 S129,000 5 HVDROMULCH SEEDING 1 L5 5 20,000 $20.000 GRAvrrv SANrrARv SEWER FURNISH AND INSTALL a"Pvc SDREZS SANITARv SEWER 5v OPENECUT 7 CONSTRUCTION 1400 LF 5 125 S179,200 FURNISH AND INSTALL 10"PVC SDR-zs SANITARv SEWER 0v OPEN-CUT s CONSTRUCI'ION 500 LF S 150 S95,000 FURNISH AND INSTALL 12"PVC SDR-zs SANITARv SEWER av OPEN~CUT 9 CONSTRUCTION 2500 LF 5 192 S441,500 10 FURNISH AND INSTALL 5'RRECAST CONCRETE DIAMETER MANHOLE 7 EA 5 13,000 S125,000 11 FURNISH AND INSTALL 5-FRECAST CONCRETE DIAMETER MANHOLE 5 EA 5 20,000 s100,000 12 POST CONSTRUCTION CLEAN AND TV INSFEcrION OF 5712“PIPE 4300 LF 5 3 S12,900 13 REMOVE AND REPLACE CONCRETE DRIVEWAY 100 SV 5 150 S15,000 LIFI'STATION 14 WET WELL STRUCTURE CONSTRUCTION 1 LS S 490,000 S480,000 15 TWO (2)SUSMERSIBLE PUMPS FOR 0 9 M00 PEAK FLOW 1 LS S 150,000 S150,000 15 MISC ELECTRICAL EQUIPMENT 1 LS S 255,000 5255,000 17 PIPING AND VALVES 1 LS S 105,000 5105,000 15 GENERATOR 1 LS 5 95,000 595,000 1:SITE IMPROVEMENTS 1 LS 5 10,000 $10,000 FORCE MAIN 20 FURNISH AND INSTALL 5 PVC FORCE MAIN Ev TRENCHLESS CONSTRucrIO 3700 LF 5 140 S519,000 FURNISH AND INSTALL 5"RV:FORCE MAIN IN 12"STEEL CASINO PIPE av 21 AUOER AND BORE 1000 U:S 500 S500,000 22 2"COME|NATION AIR RELEASE/VACUUM VALVE 0 MANHOLE 5 EA 5 17,500 552,250 23 CONNECT TO DISCHARGE MANHOLE 1 EA 5 10,000 510,000 SUBTOTAL 53,507,450 PRDPtliT‘I E;EASEMENT ACDUVSIIVIDN -:1’500E SUBTOTAL 3,357,450 r ONIINGENC «35m.052,000 SU ETOTAL 4,822,450 ENG/5|JF:\rm 7 .725,000 PROJECT TOTAL (2024 COSTS)s5737,450 CosT ESCALATION FACI'OR 5 0%s250,000 PROJECT TOTAL (2025 COSTS)55,077,450 1».bum."has nu :5..me Over The as!m-labor mamas,cqulpmanx,Or a“,m:Cnn‘mnur's malhods a:«um-um"an“;or ?ve!(umpeulwt Evading or "‘2'le 05mm,ornrnbabla mm puma“:harm".r.511.4 an m:Inmmmn knnwn m {nun-tr n This um.um reprzseru ”Iv um En?nth's Imam“:.5 .am.“praksslanal VamIImr my.0..IndusiryTR.En?near Emma:mg 05.;nut ‘uaranzee Ih-K proposals bids,or mm Construnlen “m wIII no:“w frnm .Ls apImans of 5:55.50 mm NOTES- 1 FNI OPCC ElassI?ed as an AACE Class 5 Esumate wlth accuracy range or 30 to +50 Page 1 of 3 CITY OF PEARLAND, TEXAS NOTICE OF PUBLIC HEARING REGARDING THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT Pursuant to Section 372.009(c) and (d) of the Texas Local Government Code, as amended (the "Act'), notice is hereby given that the City Council of the City of Pearland, Texas (the "City"), will hold a public hearing to accept public comments and discuss the petition (the "Petition") filed by the persons identified in the Petition (collectively, the “Petitioners"), requesting that the City create a public improvement district (the "District'). Time and Place of the Hearing. The public hearing will start at or after 6:30 p.m., June 23, 2025, at 3719 Liberty Drive, Pearland, Texas 77581. General Nature of the Proposed Authorized Improvements. The general nature of the proposed public improvements to be provided by the District that are necessary for the development of the Property within the District and which shall promote the interest of the City and confer a special benefit upon the Property, may include: (i) acquisition, construction, and improvement of wastewater improvements and facilities, (ii) payment of costs of establishing, administering, and operating the District, as well as the interest, costs of issuance, reserve funds, or credit enhancement of bonds issued for the purposes described in (i) (collectively, the "Authorized Improvements"). Estimated Cost of the Authorized Improvements. The Petitioners estimate that the total cost of the Authorized Improvements is $6,135,450. The City will utilize other sources to pay for additional costs for the proposed improvements other than assessments of property owners. Proposed District Boundaries. The District is proposed to include property owned by the Petitioners consisting of approximately 79.732 acres of property generally located at the southeast corner of Smith Ranch Road and Hughes Ranch Road within the corporate limits of the City, as more particularly described by a metes and bounds description available at the Pearland City Hall and available for public inspection. Proposed Method of Assessment. The City shall levy assessments on each parcel within the District to pay the cost of the Authorized Improvements in a manner that results in imposing equal shares of the cost on property similarly benefited. Each assessment may be paid in part or in full at any time (including interest) and certain assessments may be paid in annual installments (including interest). If allowed to be paid in installments, then the installments must be paid in amounts necessary to meet annual costs for those Authorized Improvements financed by the assessment and must continue for a period necessary to retire the indebtedness on those Authorized Improvements (including interest). Proposed Apportionment of Cost between the District and the City. The City shall not be obligated to provide any funding to finance the Authorized Improvements, other than from assessments levied in the District. No City property in the District shall be assessed. The Petitioners may fund certain improvements from other funds available to the Petitioners. During the public hearing, any interested person may speak for or against the establishment of the District and the advisability of the improvements to be made for the benefit of the property within the District.