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R2007-041 2007-03-12 RESOLUTION NO. R2007-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A PETITION FOR THE ADDITION OF CERTAIN LAND INTO BRAZORIA-FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO.1 AND APPROVING THE ANNEXATION BY BRAZORIA-FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 OF APPROXIMATELY 463.631 ACRES OF LAND. WHEREAS, Brazoria County Municipal Utility District NO.1 (the "District") is located within the corporate limits of the City of Pearland, Texas ("City"); and WHEREAS, Section 54.016, V.T.C.A., Water Code, as amended, provides that no land within the corporate limits of a city or within the extraterritorial jurisdiction of a city, shall be included within a municipal utility district unless such city grants its written consent, by resolution or ordinance, to the inclusion of the land within the district; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. All of the matters and facts set forth in the preamble hereof are true and correct. Section 2. The "Petition for Addition of Certain Land into Brazoria-Fort Bend County Municipal Utility District NO.1" attached hereto as Exhibit "A" is hereby approved. Section 3. The "Petition for Consent to include additional Land in Brazoria- Fort Bend Municipal Utility District NO.1" (the "Petitions") relative to 463.631 acres of land is attached hereto as Exhibit "B" and made a part hereof for all purposes. RESOLUTION NO. R2007-41 Section 4. The City Council of the City of Pearland, Texas, hereby specifically gives its written consent to the annexation of approximately 463.631 acres described in the Petitions and the exhibits attached hereto. Section 5. This Resolution shall become effective immediately upon its passage and approval by the City Council. PASSED, APPROVED and ADOPTED this the 12th day of March, A. D., 2007. ~dl~ TO EID MAYOR ATTEST: APPROVED AS TO FORM: tl_ _ It ~ CI DARRIN M. COKER CITY ATTORNEY 2 R2007 -41 File No. 07 -0022 PETITION FOR CONSENT TO ANNEX LAND INTO BRAZORIA-FO[{T BEND COUNTY tvlUNlCIPAL UTILITY DISTRICT NO.1 THE 5T1\ TE OF TEXAS ~ S COUNTIES OF BRAZORIA AND FORT BEND s TO THE HONORABLE 1v1A YOR AND CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: TIle' undersigned, Brazoria-Fort Bend County I\1unicipal Utility District No.1 (the" District")/ and Pearl and Investments Limited Partnership, Shadmv Creek 1\anch Development Company, Limited Partnership, the Robert S. Bender Re\70cable Trust (Robert S. Bender, Trustee), and the City of Pearland, Texas (collectively, the "Petitioner"), acting pursuant to the provisions of Chapter 49/ Texas Water Code, particularly Section 49.301 of that Code/ together \'\'ith all amendments and additions thereto, respectfully petibon the City Council of the City of Pearland/ Texas,. for its written consent to the annexation by the Dish'ict of the tract of land described by metes and buunds in Exhibit A (the "Land'} In support of this petition, the undersigned wuuld show the following: 1. The District is a municipal utility dish'ict creMed by the Texas Commission on Environmental Quality on June 28, 2004. The District is governed by the provisions of Chilpters 49 and 54.' Texas VVater Code. II. TI,e Petitioner holds fee simple title to all of the Land, as indicated by the certificates of ovmership provided by the Brazoria County Appraisal District and Fort Bend Central Appraisal District. The Petitioner hereby certifies that there are no residents or lienholders on the Land. III. The Lmd is situated within Brazoria County and Fort Bend Count)'/ Texas. The Land is totally \vithin the corporate limits of the City of PcaTland, Texas. All of the territory proposed to be annexed may properly be annexed into the District. 1:'';1';1 IV. The Land is described by metes and bounds m Exhibit A, v.'hich IS attached hereto and incorporated herein for all purposes. v. The general nature of the vvork to be done in the area sought to be annexed into the District is the construction, acquisition, maintenance and operation of a \vaterworks and sanitary se'wer system and a drainage and storm se\\'er system. V1. There is, for the following reasons} a necessity for the above-described \vark. The Lmld proposed to be annexed into the District, which will be developed for commercial and! aT residential purposes, is urban in nature, is \vithin the growing environs of the City of Pearl and, Texas, is in close proximity to populous and developed sections of Brazoria and Fort Bend Counties, and within the immediate future \vill experience a substantial and sustained grmvth. There is not now available 'within the area sought to be cmnexed to the District an adequate watcnvorks and sanitary sewer system nor an adequate drainage system} and it is not presently economically feasible for the area sought to be annexed to pruvide for such systems itself. Because the health and welfare of the present and future inhabitants of the Land and of lands adjacent thereto require the construction, acquisition, maintenance and operation of an adequate \vaterworks and sanitary sevver system and a drainage and storm sewer system, a public necessity (')\ists for the annexation of the Land into the Dish"ict, to provide for the purchase! construction} extension, in1provement maintenance and operation of such waterworks and sani tary sewer system and such drainage and storm sewer systern} so as to promote the purity and sanitary condition of the State's waters and the public health and vvelfare of the community. VII. The Petitioner and the District agree and hereby covenant that if the requested consent to the annexation of the Land to the District is given, the Petitioner and the District \",ill adopt and abide by the conditions set forth in Exhibit B, attached hereto and incorporated. herein for all purposes. vVHEREFORE} the undersigned respectfully pray that this petition be heard and granted in all respects and that the City of Pearland} Texas, give its written consent to tlll' annexa tion of the Land into the 0 ist-rict. RESPECTFULLY SUBMITTED this 30th day of March, 2007. BRAZORIA-FORT BEND COUNTY MUNICIP AL UTILITY DISTRICT NO.1 ATTEST: ~, ?-:~~ \ ----h";;., /1, ,'~.' "7, /,,'-r..,~'f _/..."J {~/? t'// /// (., .~ Tamara Miller President, Board of Directors Jalene Pah11e ,\"'" ";", . .:.... Secretary Boa ~.~. ..' k)ts~.~> <0;., , $\;'~) ""'t.::~\~ ~_C\ "..~".;. 1 ~ ^ \'.... ~ -.~J :A~ :CXJ U \~: = If.: '0- - to- l ~t -~ : :~ ~f:! ~~ ;. Afj..--e;;: \ ~&~IBf)~' {"'S i ~-u~ .lj~ ~~ ;"oIl \ ,-"" THE STATE OF TE~' Utn"9"\~ S S (SEAL) COUNTY OF HARRIS This instrument was acknowledged before me on this 30th day of March, 2007, by Tamara Miller, as President, and Jalene Palmer, as Secretary, of the Board of Directors of Brazoria-Fort Bend County Municipal Utility District No. 1 a political subdivision of the State of Texas, on behalf of said political subdivision. ,..III~'I~,." l~~;.:f.'".~~ :*: .~:. ~ ~ : = ..~. '1iD~ ~";?~.,v~'t~~~'~ LYNNE B. HUMPHRIES MY COMMISSION EXPIRES October 12, 2009 c 1/V~ Public, State of T€x'as -.-.J (NOT ARY SEAL) PEARLAND INVESTMENTS LIMITED PARTNERSHIP, a Nevada limited partnership By: M.M.L.B. Corporation, a Nevada corporation, its general partner By: ~J~t)~ Name: MII/L,t' fltL:';'~~, 1 Title: t!tt:~1-~~'~.I:- I THE STATE OF NEV ADA S S COUNTY OF CLARK S c ~his instrument was~5fnoyvl.el~9~d,;before . .e;~ on , tl3" / day of IJ7Lttr!d. , 2007, by ttl!ll./f{ 1~/?/;':4/, /~Cc~6<.z-, of M.M.L.B. Corporation, a Nevada corporation, as general partner of PEARLAND INVESTMENTS LIMITED PARTNERSHIP, a Nevada limited partnership, on behalf of said corporation and said limited partnership. { Ai . /-'1. L /' .. ./. ~, ./ lJ:ItZ1t.f"L %~>J~'/. ,,j(~pC'k- Notary Public, State of Nevada (NOTARY SEAL) SHADOW CREEK RANCH DEVELOPMENT COMP ANY, LIMITED PARTNERSHIP, a Nevada limited partnership By: Shadow Creek Ranch, Inc., a Nevada corporation, its general partner By- #&1- . Cook, President THE STATE OF NEVADA ~ ~ COUNTY OF CLARK ~ . This ipstrument was acknowledged before me on the / day of '-lJ? ({ LlIL- , 2007, by Gary W. Cook, President of Shadow Creek Ranch, Inc., a Nevada corporation, general partner of SHADOW CREEK RANCH DEVELOPMENT COMP ANY, LIMITED PARTNERSHIP, a Nevada limited partnership, on behalf of said corporation and said limited partnership. t2 ./~ I vv" - .' ~ ? . );/(! II f ~ 11::' C /f",0t/c- Notary Public, State of Nevada (NOT ARY SEAL) 135151 ROBERT S. BENDER REVOCABLE TRUST By aJ/iLLc / Robert S. Bender, Trustee THE STATE OF TEXAS S S COUNTY OF HARRIS S This instrument was acknowledged before me on the <.f, j day of , , / .! " '; " , 2007, by Robert S. Bender, as Trustee of the ROBERT S. BENDER REVOCABLE TRUST, on behalf of said trust. {f~;~%[~t~;~~L:] / :*. .-'). .-,'_. .f Notary Public, State or'Texas (NOT ARY SEAL) 135151 \\\"U"'"", ..\\\ "_l'>.R1 tJ.J.,':"'- .." '~_:''7.. wyU :I", $' ~ <:? .......... .I lo.. ~ ~ 0'*. ... \~ ..~.. ~ .... .... ~ -1-1 .... -= C . ; ,n:: ~ . . v'- -. . - ~ \ ::: S.", :':: ~ -,..... I' $ ~ .. .'... ~ ......... ~ " ," "I, \\,... "",...",\\\\ CITY OF PEARLAND, TEXAS (~~ f~ T01\-1 REID 1\1A YOR ATTEST: APPROVED AS TO FORI\,l; u~.. ft. 6>L DAIUnN M. COKER CITY ATTORNEY iJ:;I:1 LEGAL DESCRIPTION: EXHIBIT A Tract 1: Being 317.414 acres{ of land located in the H.T. & B.R.R. Co. Survey, Section 84{ Abstract No, 538{ Brazoria County, Texas and Abstract No. 767{ Fort Bend County{ Texas{ more particularly being those certain tracts conveyed to Pearl and Investments Limited Partnership as follows: all of the residue of that certain called 160.048 acre tract by instrument of record under File No. 03-044886 and File No. 2004059020{ Official Records of Brazoria County, Texas (B.C.O.R.), all of that certain called 80.01 acre tract by instrument of record under File No. 2006057599, B.CO.R and File No. 2006121315, Official Public Records of Fort Bend County, Texas (F.B.CO.P.R.), all of that certain called West One-Half of the West One. Half of the West One.Half (W1/2 of W1/2 of Wl/2) of aforementioned H.T. & 6.R.R. Co. Survey, Section 84, by instrument of record under File No. 2006057597, B.C.O.R. and File No. 2006121316, F.B.C.O.R.; said 317.414 acres being more particularly described by metes and bounds as follows, all bearings referenced to Texas Coordinate System{ South Central Zone (NAD 27); BEGINNING at a 5/8-inch iron rod with cap marked "UA ENGn Previously set for corner, same being the northwest corner of aforementioned H.T. & B.R.R. Co.. Survey, Section 84 and the southwest corner of the H.T. & B.R.R. Co.. Survey, Section 83, Abstract 761 in Fort Bend County, Abstract 305 in Brazoria County, same being the southwest 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.CO.R. and File No. 2002136052, F.B.CO.P.R., also being on the east line of that certain called 3.361 acre tract conveyed to City of Pearland by instrument of record under File No. 2004110906, F.B.CO.P,R.{ and File No. 2004051263, B.C.O.R.; THENCE North B6044'14" East{ 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, 1319.88 feet to a SIB-inch iron rod with cap marked "CL Davis" found marking the northwest comer of that certain called 2.121 acre tract conveyed to the City of Pearland by instrument of record in File No, 2005008365, B.C.O.R.; THENCE leaving said common survey line, and the south line of said 50.981 acres, with the west line of said 2.121 acres, South 03013'07" East, 70.00 feet to a SIB-inch iron rod with cap marked "CL Davis" found marking the southwest corner of said 2.121 acres; THENCE with the south line of said 2.121 acres, North 860 44' 14" East, 1320.00 feet to a 5/8-inch iron rod with a cap marked "LJA ENG." set for comer on the west line of that certain called 522.62 acre tract conveyed to Ashton Southern Trails Joint Venture by instrument of record under File No. 04-002615 of said B.C.O.R., same being on the east line of aforementioned 160.048 acres; THENCE along the westerly line of said 522.62 acres, passing at an approximate distance of 2,570 feet the northwest corner of Lot 1 Block 84 of Allison Richey Gulf Coast Home Co's Part of Suburban Gardens as recorded in Volume 2, Page 98, a.c.p.R., South 03Q 13' or East, continuing in all a distance of 5211.98 feet to a PK nail and shiner found in the centerline of County Road 59 and in the southerly line of said Section 84, the northerly line of J. S. Talmage Survey, Abstract 566 and at the southwest corner of Lot 4 of said Block 84 as conveyed to Florence Ferrer and spouse Fernando Ferrer by instrument recorded under File Number 00-000868{ B.C.O.R., from which a found 1-1/4-inch iron pipe in the northerly right'of- way line of said County Road 59 bears North 030 13' 07" West, 25.00 feet; THENCE along the common survey lines of said Section 84 and J.S. Talmage Survey, South 86c 46' 14" West, 1{320.00 feet to a PK nail and shiner set for corner; THENCE North 030 13' or West, 32.01 feet to a S/8-inch iron rod with cap marked "UA ENG" set for corner on the north line of a 0.497 acre roadway easement conveyed to Brazoria County by instrument of record in Volume (85) 140, Page 964, B.C.O.R. and amended by Volume (87) 466, Page 749, B.C.O.R., from which a 1/2-inch iron pipe bears North 860 50' 01" East, 44.74 feet; THENCE with the north line of said roadway easement, South 860 50' 01" West, 500.40 feet to a 5/8-inch iron rod with cap marked "UA ENG." set for corner, the beginning of a curve; THENCE continuing with said northerly line, 266.19 feet along the arc of a tangent curve to the left having a radius of 1175.92 feet, a central angle of 120 58' 12" and a chord that bears South 800 20' 55" West, 265.62 feet to a I-inch iron pipe found for corner on the common line of aforementioned H.T. & B.R.R. Co. Survey, Section 84 and J.5. Talmage Survey, Abstract 566, Brazoria County Texas; THENCE with said common survey line, South 860 50' 01" West, at 547.19 feet pass a found SIB-inch iron rod, and continuing in all a distance of 555.65 feet to a S/8-inch iron rod with cap marked "UA ENG." set for corner on the east line of the Manuel Escalera Survey, Abstract 654 in Brazoria County and Abstract 169 in Fort Bend County, Texas; THENCE with the common line of said Manuel Escalera Survey and said H.T. & B.R.R. Co. Survey, Section 84, North 030 13' 07" West, 3182.39 feet to a SIB-inch iron with cap marked "UA ENG." previously set for comer being on the south line of that certain called 132.5682 acre tract conveyed to Robert 5 Bender, Trustee by instrument of record under File No. 2005157909, F.B.C.O.P.R., also being the common east corner of said Manuel Escalera Survey and the A.B. Langermann Survey, Abstract 55S, Fort Bend County, Texas, and the northeast corner of Golden Highway Properties, a subdivision of record in Volume 232, Page 246, Deed Records, Fort Bend County, Texas, from which a found 5/8-inch iron rod with cap bears North 870 09' 37" East, 1.61 feet; THENCE with the common line of said H.T. & B.R.R. Co. Survey, Section 84 and the A.B. Langermann Survey, also being the east line of said 132.5682 acres, North 030 13' 55" West, 1936.39 feet to a 5/8-inch iron rod with cap marked 'UA ENS." previously set for corner, being the northeast comer of said 132.5682 acres, same being the southeast corner of that certain called 229.519 acre tract conveyed to Pearland Investments Limited Partnership by instrument of record under File No. 1999028261 of said F.B.CO.P.R., also being the northeast corner of said A.B Langermann Survey, and the southeast corner of the Frankiin Hooper Survey, Abstract 198, Fort Bend County, Texas; THENCE with the common line of said Franklin Hooper Survey and said H.T. & B.R.R. Co. Survey, Section 84, same being the east line of said 229.519 acres, also being the east line of aforementioned 3.361 acres, North 030 03' 38" West, 158.21 feet to the POINT OF BEGINNING and containing 317.414 acres of land. Tract II: Being 132.780 acr~I. of land located in the A.B. Langermann Survey, Abstract No. 555, Fort Bend County, T~xas, more particularly being, all of that certain called 132.5682 acre tract conveyed to Robert S. Bender, Trustee by instrument of record under File No. 2005157909, Official Public Records, Fort Bend County, Texas (F.B.CO.P.R.); said 132.780 acres being more particularly described by metes and bounds as follows, all bearings referenced to Texas Coordinate System, South Central Zone (NAD 27); BEGINNING at a S/8-inch iron rod with cap marked UA ENG." previously set for corner at the southwest corner of that certain called 3.408 acre tract conveyed to the Oty of Pearland by Donation Speciai Warranty Deed of record under File No. 2005021109 of said F.B.CO.P.R., same being on south line of the Franklin Hooper Survey, Abstract 198, Fort Bend County, Texas and a north line of aforementioned A.B. Langermann Survey, also being on the easterly right-of- way line of FJ...,. 521 (115 feet wide), from which a found 1/2-inch iron rod bears North 86c 54' 55" East, 0.73 feet and a found 5/8-inch iron rod with cap marked 'Rainwater" bears North 840 47' 00" East, 1,50 feet; THENCE with the common line of said Franklin Hooper Survey and said A.B. Langermann Survey, also being the south line of said 3.408 acres and the south line of that certain called 229.519 acre tract conveyed to Pearland Investments Limited Partnership by instrument of record under File No. 1999028251 of said F.B.C.O.R.R., North 860 58' 12" East, 2631.66 feet to a SIB-inch iron rod with cap marked "UA ENG." Previously set marking the southeast corner of said 229.519 acres, same being the southeast corner of the Franklin Hooper Survey, a northeast corner of said A.R. Langermann Survey and on the west line of the H.T. & B.R.R. Co. Survey, Section 83, Abstract 767, Fort Bend County, Texas, from which found 5/8-inch iron rod with cap bears South 160 38' 49" East, 8.80 feet; THENCE with the common line of said H.T. & B.R.R. Co. Survey, Section 84 and the A.B. Langermann Survey, South 030 13' 55" East, 1936.39 feet to a 5/8-inch iron with cap marked "UA ENG." previously set for corner on the south line of aforementioned 132.5582 acres, same being the common east corner of the I'1anuel Escalera Survey, Abstract 169, Fort Bend County, Texas and A.B. Langermann Survey, also being the northeast corner of Golden Highway Properties, a subdivision of record in Volume 232, Page 246, Deed Records of Fort Bend County, Texas, from which a found 5/8-inch iron rod with cap bears North 87009' 37" East, 161 feet; THENCE with the common line of said Manuel Escalera Survey and the A.B. Langermann Survey, and the common line of said 132.5682 acres and Golden Highway Properties, South 870 09' 37" West, 3357.53 feet to a 5/B-inch iron rod with cap marked "Rainwater" found marking the southwest corner of said 132.5682 acres, same being on the easter'ly right-of-way line of aforementioned F.M. 521; THENCE with the common line of said 132.5682 acres and F.r'1. 521, North 170 26' 58" East 2055.10 feet to the POINT OF BEGINNING and containing 132.780 acres of land. Tract III: Being 1.582 acres of land located in the Franklin Hooper Survey, Abstract 198, Fort Bend County, Texas, more particularly being a portion of that certain called 229.519 acre tract conveyed to Pearland Investments Limited Partnership by instrument of record under File No. 1999028261, Official Public Records, Fort Bend County, Texas (F.B.CO.P.R.); said 1.582 acres being more particularly described by metes and bounds as follows, all bearings referenced to Texas Coordinate System, South Central Zone (NAD 27); BEGINNING at the southeast corner of that certain called 3.361 acre tract conveyed to the City of Pearland by Donation Special Warranty Deed of record under File No. 2004110906, F.B.CO.P.R., and File No, 2004051263, Official Records of Brazoria County, Texas (B.C.O.R.), same being on the common line of said Franklin Hooper Survey and the H.T. & B.R.R. Co. Survey, Section 84, Abstract 767, Fort Bend County, Texas, same being a common line of aforementioned 229.519 acres and that certain called West One-Half of the West One-Half of the West One-Half (W1/2 of W1/2 of W1/2) of aforementioned H.T. & B.R.R. Co. Survey, Section 84, conveyed to Pearland Investments Limited Partnership by instrument of record under File No. 2006057597, B.C.O.R. and File No, 2006121316, F.B.CO.P.R. THENCE with said common lines, South 030 00' 38" East, 88.32 feet to a point for corner, being the southeast corner of said 229.519 acres, also being the northeast corner of the A.B. Langermann Survey, Abstract 555, Fort Bend County, Texas, and the southeast corner of said Franklin Hooper Survey; THENCE leaving said common lines, with the south line of said 229.519 acres, same being the common line of said Franklin Hooper Survey and the A.B. Langermann Survey, South 860 58' 12" West, 1209.08 feet to a point for corner being on the southerly line of that certain called 3.408 acre tract conveyed to City of Pearland by instrument of record under File No. 2005021109, F.B.CO.P.R, and the beginning of a curve; THENCE leaving said common lines, with said south line, 429.64 feet along the arc of a non-tangent curve to the left having a radius of 2060.00 feet, a central angle of 11056' 59", and a chord that bears North 800 59' 22" East, 428.86 feet to a point for corner, the beginning of a reverse curve; THENCE continuing with said south line, 396.92 feet along the arc of a tangent curve to the right having a radius of 1940.00 feet, a central angle of 11 0 43 21/1, and a chord that bears North 800 52' 33" East, 396.22 feet to a point for corner, being the most easterly corner of said 3,408 acres, same being on a southerly line of aforementioned 3.361 acres; THENCE with said southerly line, North 860 44' 14/1 East, 388.60 feet to the POINT OF BEGINNING and containing 1.582 acres of iand. Tract IV: Being 5.151 acres of land located in the R.T. & B.R.R. Co. Survey, Section 84, Abstract 538, Brazoria County, Texas and Abstract 767, Fort Bend County, Texas, and the H.T. & B.R.R, Co. Survey, Section 83, Abstract 305, Brazoria County, Texas and Abstract 761, Fort Bend County, Texas, more particularly being all of that certain called 2.121 acre tract conveyed to City of Pearland by instrument of record under File No. 2005008365, Official Records of Brazoria County, Texas (B.C.O.R) and all of that certain 3.030 acre tract conveyed to City of Pearland by instrument of record under File No. 2006022427, B.C.O.R. and File No. 2006043971, Official Public Records of Fort Bend County, Texas (F.B.C.O.P.R); said 5.151 acres being more particularly described by metes and bounds as fallows, all bearings referenced to Texas Coordinate System, South Central Zone (NAD 27); BEGINNING at the northeast corner of that certain called 80.01 acre tract conveyed to Pearland Investments Limited Partnership by instrument of record under File No. 2006057599, B.CO.R. and File No. 2006121315, same being the northwest corner of aforementioned 2.121 acres, also being on the south line of aforementioned 3.030 acre tract and on the common line of aforementioned H.T. & B.R.R. Co. Survey, Section 84 and the H.T. & B.R.R. Co. Survey, Section 83; THENCE with said common survey line, same being the south line of said 3.030 acres, also being the north line of aforementioned 80.01 acre tract and the north line of that certain tract of land conveyed to Pearland Investments Limited Partnership called West One-Half of the West One-Half of the West One-Half of said H.T. & B.R.R. Co. Survey, Section 84, by instrument of record under File No. 2006121316, F.B.C.O.P.R. and File No. 2006057597, B.CO.R., South 860 44' 14" West, 1319.88 feet to a point for comer being the northwest corner of said West One-Half of the West Om~-Half of the West One-Half of said H.T. & B.R.R. Co. Survey, Section 84, same the common west corner of aforementioned H.T. & B.R.R. Co. Survey, Section 83 and the H.T. & B.R.R. Co. Survey, Section 84, also being on the east line of the Franklin Hooper Survey, Abstract 198, Fort Bend County, Texas; THENCE with the west line of said 3.030 acre tract, same being the common line of said H.T. & B.R.R. Co. Survey, Section 83 and the Franklin Hooper Survey, North 030 00' 38" West, 50.00 feet to a point for comer; THENCE leaving said common line, with the north line of said 3.030 acre tract, North 860 44' 14" East, 2639.70 feet to a point for corner; THENCE with the east line of said 3.030 acre tract and the east line of aforementioned 2.121 acre tract, South 030 13' 07" East, 120.00 feet to a point for corner being the southeast corner of said 2..121 acre tract; THENCE with the south line of said 2..121 acre tract, South 86044' 14" West, 132.00 feet to a point for corner being on the east line of aforementioned 80.01 acre tract; THENCE with the common line of said 2.121 acre tract and 80.01 acre tract, North 030 13' 07" West, 70.00 feet to the POINT OF BEGINNING and containing 5.151 acres of land, Tract V: Being 6.506 acres of land located in the Franklin Hooper Survey, Abstract 198, Fort Bend County, Texas, more particularly being those tracts of land conveyed to City of Pearland as follows: all of that certain called 3.408 acres by instrument of record under File No. 2005021109, Official Public Records of Fort Bend County, Texas (F.B.CO.P.R.), a portion of that certain called 3.747 acre tract and a portion of that certain called 3.361 acre tract by instrument of record under File No. 2004110906, F.B.C.OP.R. and File No. 2004051263, Official Records of Brazoria County, Texas (B.C.O.R.) said 6.S06 acres being more particularly described by metes and bounds as follows, all bearings referenced to Texas Coordinate System, South Central Zone (NAD 27); BEGINNING at the northwest corner of aforementioned 3.747 acre tract, same being the most westerly corner of that certain called 3.214 acre tract conveyed to Shadow Creek Ranch Development Company Limited Partnership by instrument of record under File No. 2005021108, F.B.CO.P.R. and File No, 2005002449, B.C.O.R., and on the easterly right- of-way line of U1. 2234 (l1S-feet wide); THENCE with a southerly line of said 3.214 acres, South 480 02' 08" East, 110.40 feet to a point for corner; THENCE continuing with said southerly line, North 860 57' 52" East, at 1259.63 feet pass the southwest corner of Shadow Creek Ranch SF-55, a subdivision of record in Plat No. 20060295, Plat Records of Fort Bend County, Texas, and continuing, with the common line of said 3.214 acre tract and said Shadow Creek Ranch SF-56, in all a distance of 1270.50 feet to a point for corner, the beginning of a curve; THENCE continuing with said common line, 368.35 feet along the arc of a tangent curve to the left having a radius of 1940.00 feet, a central angle of 100 52' 44", and a chord that bears North 810 31' 30" East, 357.80 feet to a point for corner; THENCE leaving said common line, North 860 44' 14" East, 843.01 feet to a point for corner, being the northwest corner of that certain tract conveyed to Pearl and Investments Limited Partnership, called West One-Half of the West One-Half of the West One-Half of the H.T. & B.R.R. Co. Survey, Section 84, Abstract 767, Fort Bend County, Texas, by instrument of record under File No, 2006057597, B.C.O.R., and File No. 2006121316, F.B.CO.P.R., and the southeast corner of that certain called 3.030 acre tract conveyed to City of Pearland by instrument of record under File No. 2006043971, F.B.CO.P.R. and File r~o. 2006022427, B.C.O.R., also being on the common east line of aforementioned Franklin Hooper Survey and that certain 229.519 acre tract conveyed to Pearland Investments Limited Partnership by instrument of record under File No. 1999028261, F.B.CO.P.R., and being the northwest corner of said H.T. & B.R.R. Co. Survey, Section 84, and on the east iine of aforementioned 3.747 acre tract; THENCE with said east line and the common line of said Franklin Hooper Survey and the H.T. &. B.R.R. Co. Survey, Section 84, South 030 00' 38" East, 70.00 feet to a point for corner, being the southeast corner of said 3.747 acre tract; THENCE leaving said common line, with a southerly line of said 3.747 acre tract, South 860 44' 14" West, 388.60 feet to a point for corner, being the most easterly corner of aforementioned 3.408 acre tract, the beginning of a curve; THENCE with a southerly line of said 3.408 acre tract, 396.92 feet along the arc of a tangent curve to the left having a radius of 1940.00 feet, a central angle of 110 43' 21H, and a chord that bears South 800 52' 33" West, 396.22 feet to a point for corner, the beginning of a reverse curve; THENCE continuing with said southerly line, 429.64 feet along the arc of a tangent curve to the right having a radius of 2060.00 feet, a central angle of 11 0 56' 59", and a chord tt',at bears South 800 59' 22" West, 428.86 feet to a point for corner being on the common line of said Franklin Hooper Survey and the A.B. Langermann Survey, Abstract 555, Fort Bend County, Texas; THENCE with said common survey line and the south line of said line of said 3.408 acre tract, South 860 58' 12" West, 1422.62 feet to a point for corner, being the southwest corner of said 3.408 acre tract and on the aforementioned easterly right-of-way line of U.1. 521; THENCE with the common line of said 3.408 acre tract and F.M. 521, North 170 28' 42" East, at 83.16 feet pass the northwest corner of said 3.408 acre tract, same being the southwest corner of aforementioned 3.747 acre tract and continuing, with the common line of said 3.747 acre tract and F.M. 521, in all a distance of 211.33 feet to the POIr'.n OF BEGINNING and containing 6.506 acres of land. Tract VI: Being 0.198 acre (8,623 square feet), of land located in the Franklin Hooper Survey, Abstract 198, Fort Bend County, Texas, more particularly being a portion of that certain called 3.214 acre tract conveyed to Shadow Creek Ranch Development Company Limited Partnership by instrument of record under File No. 2005021108, Official Public Records of Fort Bend County, Texas (F.B.CO.P.R.), and File No. 2005002449, Official Records of Brazoria County, Texas (B.C.O.R.), also being a portion of Restricted Reserve "A" as shown on Shadow Creek Ranch SF-56, a subdivision of record under Plat No. 20060295, Plat Records of Fort Bend County, Texas; said 0.198 acre (8,623 square feet) being more partkularly described by metes and bounds as follows, all bearings referenced to Texas Coordinate System, South Central Zone (NAD 27); BEGINNING at the southwest corner of aforementioned Restricted Reserve "A", same being on a south line of aforementioned 3.214 acre tract; THENCE with the west line of said Restricted Reserve "A", North 030 00' 38" West, 33.37 feet to a point for comer; THENCE leaving said west line, North 860 44' 14" East, 377 .00 feet to a point for corner being on the common south line of said Restricted Reserve "A" and 3.214 acre tract, the beginning of a curve; THENCE with said common south line, 368.35 feet along the arc of a non-tangent curve to the right having a radius of 1940.00 feet, a central angle of 100 52' 44", and a chord that bears South 81031'30" West, 367.80 feet to a point for corner; THENCE continuing with said common south line, South 860 57' 52" West, 10.87 feet to the POINT OF BEGINNING and containing 0.198 acre (8,623 square feet) of land. EXHIBIT B (a) The City of PearJand, Texas (the "City"), by execution of its City .tvIanager, and the developer on behalf of the District have entered into and executed a utility agreement that specifies the terms and conditions for providing water and SF\Vage treatment services to the District (the "Utility Agreenwl1t"). The District shall assume all the rights, obligations, and interests of the developers under the Utility Agreement, as set forth therein. (b) The Disb"iet may issue bonds, including refunding bonds, for any purposes authorized by Javv, including but not limited to, purchasing, refinancing, designing and constructing, or otherwise acquiring waterworks systems, sanitary sewer systems, storm sevver systems, and drainage facilities, or parts of such systems or facilities, and to make any and all necessary purchases, constructions, improvements, extensions, additions, and repairs thereto, and to purchase or acquire all necessary land, right-of-\\'ay, easements, sites, equipment, buildings, plants, structures} and facilities therefor, and to operate and l11.aintain same, and to sell water, sanitary sev,'er, and other services within or \vithout the boundaries of the District. Such bonds must provide that the District reserves the right to redeem said bonds on any date subsequent to the fifteenth (15th) anniversary of the date of issuance (or any earlier date at the discretion of the District) without prenl.ium, and none of such bonds, other than refunding bonds, \'vill be sold for less than 95% of par; provided that the net effective interest rate on bonds so sold} taking into account any discount or premium as well as the interest rate borne by such bonds, \Nill not exceed tvvo percent (2%) above the highest average interest rate reported by the Oail1{ Bond Blwcr in its \veekly "20 Bond Index" during the (me-month period next preceding the date of the sale of such bonds. The resolution authorizing the iS51.la11CC of the Di5trids bonds will contain a provision that the pledge of any revenues from the operation of the District's water and se\over and/ or drainage system to the payment of the District's bonds will terminate when and if the City annexes the District, takes over the assets of the District, and assumes all of the obligations of the District. (c) Before the commencement of any construction within the District, its directors, officers, or developers and landowners will submit to the City, or to its designated representative, all plans and specifications for the construction of water, sanitary sewer and drainage facilities to serve the Disb'jet and obtain the approval of such plans and specifications therefrorn. All water wells, water meters, flushing valves, valves, pipes, and appurtenances thereto, installed or used 'vvithin the District, will conform to the specifications of the City. All water service lines and sewer service lines, lift stations, and appurtenances thereto, installed or used within the District will comply with the City's standard plan.s and specifications as amended from tirne to time. Prior to the construction of such facilities within or by the District, the District or its engineer \vill give written notice by registered or certified mail to the City, stating the date that such construction vvill be cOlT\menced. The construction of the Dish-iet's \vater, sanitary sewer, and drainage facilities will be in accordance with the approved plans and specifications and with applicable standards and specifications of the City; and during the progress of the construction and installation of such facilities, the City may make periodic cm-the-ground inspections. (d) Prior to the sale of any lot or pdrcel of land, the mvner or the developer of the land included \vithin the limits of the District \.vill obtain the approval of the Planning and Zoning Commission of the City of a plat which \.vill be d.uly recorded in the Official Records of Brazoria County, Texas, as appropriate, and othervvise comply with the rules and regulations of the Engineering Department and the Department of Public VVorks of the City of Pearland. CERTIFICA TE THE STATE OF TEXAS 9 9 COUNTIES OF BRAZORIA AND FORT BEND 9 I, the undersigned Secretary of the Board of Directors of Brazoria-Fort Bend County Municipal Utility District No.1, do hereby certify that the attached and foregoing is a true and correct copy of the Petition For Consent To Annex Land Into Brazoria-Fort Bend County Municipal Utility District No.1 that was filed with the Board of Directors of the District on the 30th day of March, 2007. WITNESS MY HAND AND SEAL OF SAID DISTRICT this 30th day of March, 2007. (SEAL) J 135151 City of Pearland In-City MUD Data Form MUD # BFBMUD No.1 Date: March 30. 2007 Existing MUD PUD. 2012 Existing Proposed Area MUD Tract(s) Total 3 Total Acreaae 1264.265 463.631 1727.896 4 Currentlv Platted Residential Acreaqe (includinq road riqhts of way) 863.020 0.000 863.020 5 Currentlv Platted Commercial Acreaqe (includinq road riqhts of way) 0.000 0.000 0.000 6 Currentlv Undeveloped Acreaqe 140.950 307.300 448.250 7 Proiected Undeveloped Acreaqe to be Platted Residential 34.450 287.100 321.550 8 Proiected Undeveloped Acreaqe to be Platted Commercial 106.500 20.200 126.700 9 Current and Projected Detention & Transmission Utility Easements (acres) 137.890 82.270 220.160 10 All Other Acreaqe (Landscaoina Reserves, Parks, etc) 122.405 74.061 196.466 Note: Lines 7 and 8 should total to Line 6. Lines 4, 5, 6, 9, and 10 should total to Line 3. Line 3 should equal the total acreage in the MUD or the Proposed Tracts. Residential Lots Existing MUD Proposed Tract(s) Total 11 Total Existinq and Planned Residential Lots 3505 1056 4561 12 Number of Currently Completed/Occupied Homes 704 0 704 13 Number of Currently ComPleted Lots 1949 0 1949 14 Number of Lots Under Construction 346 0 346 15 Number of Future Lots 506 1056 1562 Note: Lines 12, 13, 14, and 15 should total to Line 11 Existing Proposed Property Values MUD Tract(s) Total 16 Most Recent BCAD Valuation (Date: Januarv 1, 2007) $ 261,268,560 $ 2,905,330 $ 264,173,890 17 Proiected Total Valuation at Build Out Date $ 905,925,000 $ 292,306,000 $ 1,198,231,000 18 Proiected Residential Valuation at Build Out $ 851,715,000 $ 270,336,000 $ 1,122,051,000 19 Projected Commercial Valuation at Build Out $ 54,210,000 $ 21,970,000 $ 76,180,000 20 Estimated Average Home Value (Date: Januarv 1, 2007) $ 241,600 $ - $ 241,600 21 Estimated Average Home Value - at Build Out $ 243,000 $ 256,000 $ 246,010 Note: Lines 18 and 19 should total to Line 17 Existing Proposed Property Tax Revenues MUD Tract/s) Total 22 Pre-Development General Fund Taxes laJ$.652659/$100 (Date Jan. 1,2007 $ 1,705,193 $ 20,221 $ 1,725,414 23 Most Recent Year City Prooertv Taxes laJ $.652659/$100 $ 1,705,193 $ 20,221 $ 1,725,414 24 Projected City Property Taxes laJ $.696/$100 at Build Out $ 6,305,238 $ 2,034,450 $ 8,339,688 25 Most Recent Year MUD Rebate Amount $ - $ - $ - 26 Projected MUD Rebate Amount at Build Out $ 1,358,888 $ 438,459 $ 1,797,347 Existing Proposed MUD Tract(s Total 311 $ 277 $ 3.03 $ $ $ $ 3,241,158 $ 1,575,770 $ 4,816,927 WLAND\1548\0001\032707 MUD Data Form - Annexation lI.xls 3/30/2007 City of Pearland In-City MUD Data Form MUD # BFBMUD NO.1 Date: March 30. 2007 Proposed Subdivisions Within Annexation Request Projected Percent Subdivision Name Area (Acres) Lots Complete SF-71 24.50 89 0 SF-72 11.60 32 0 SF-73 19.50 67 0 SF-74 12.30 31 0 SF-75 15.50 35 0 SF-76 14.40 34 0 SF-77 15.30 35 0 SF-78 12.80 47 0 SF-79 20.80 103 0 SF-80 15.80 65 0 SF-81 12.60 57 0 SF-82 25.10 93 0 SF-83 13.90 49 0 SF-84 10.20 28 0 SF-85 18.30 78 0 SF-86 14.60 69 0 SF-86B 29.90 144 0 W:LAND\1548\0001\032707 MUD Data Form - Annexation Il.xls 3/30/2007 City of Pearland In-City MUD Data Form MUD # BFBMUD No.1 Date: March 30. 2007 Existing Subdivisions Within Existing MUD Projected Percent Subdivision Name Area (Acres\ Lots Complete SF-31 2674 138 100 SF-32A 1758 89 100 SF-32B 22.45 111 100 SF-33 13.00 47 100 SF-34 21.59 89 100 SF-35 28.42 114 100 SF-36 48.15 193 100 SF-37 21.89 95 100 SF-38A 28.99 120 100 SF-38B 33.55 143 100 SF-39A 23.53 91 100 SF-39B 17.63 74 100 SF-40 37.93 193 100 SF-41 21.08 102 100 SF-42 25.62 113 100 SF-43 11.70 56 100 SF-44 13.87 60 100 SF-45A 61.50 98 90 SF-45B 33.80 112 100 SF-45C 5.90 80 100 SF-46A 11.60 69 100 SF-46B 33.80 60 100 SF-47 5.90 24 100 SF-48 11.60 49 100 SF-49 25.80 133 75 SF-50 15.80 56 100 SF-51A 49.80 91 100 SF-51 B 14.00 113 100 SF-52 14.00 61 100 SF-53 22.00 82 100 SF-54 14.40 67 50 SF-55A 33.80 46 100 SF-55B 15.20 88 100 SF-56 15.20 80 50 SF-57 25.20 106 50 SF-58 13.50 59 50 SF-59 15.60 49 100 SF-60 10.90 40 50 SF-61 24.80 84 0 SF-62 9.65 30 0 TH-2 29.90 N/A 0 W:LAND\1548\0001 \032707 MUD Data Form - Annexation Il.xls 3/30/2007 City of Pearland In-City MUD Data Form MUD # BFBMUD No.1 Date: March 30, 2007 Existing Non-Residential Businesses Within Existing MUD Business Name Type of Business C-7 COMMERCIAL - RETAil, OFFICE, RESTAURANT C-22 COMMERCIAL - RETAil, OFFICE, RESTAURANT C-23 COMMERCIAL - RETAil, OFFICE, RESTAURANT DC-2 DAYCARE DC-3 DAYCARE REC-3 NEIGHBORHOOD RECREATION CENTER REC-4 NEIGHBORHOOD RECREATION CENTER SCH-4 SCHOOL SCH-5 SCHOOL SCH-6 SCHOOL WTP (RECORDED) WATER TREATMENT PLANT W:LAND\1548\0001\032707 MUD Data Form - Annexation Ilxls 3/30/2007 City of Pearland In-City MUD Data Form MUD # BFBMUD No.1 Date: March 30. 2007 Proposed Non-Residential Businesses Within Annexation Request Business Name Tvpe of Business COM-25 COMMERCIAL - RETAil, OFFICE, RESTAURANT COM-26 COMMERCIAL - RETAil, OFFICE, RESTAURANT REC-5 NEIGHBORHOOD RECREATION CENTER W:lAND\1548\0001\032707 MUD Data Form - Annexation Il.xls 3/30/2007 City of Pearland In-City MUD Data Form MUD # BFBMUD No.1 Date: March 30, 2007 Anticipated Future Annexation Requests Projected General Tract Description Area (Acres) Lots None at this time. W:LAND\1548\0001\032707 MUD Data Form - Annexation Il.xls 3/30/2007 ALLEN BOONE HUMPHRIES ROBINSON LLP ATTORNEYS AT LAW PHOENIX TOWER 3200 SOUTHWEST FREEWAY SUITE 2600 HOUSTON,TEXAS 77027 TEL(713)860-6400 FAX(713)860-6401 abhr,com Direct Line: (713)860-6406 Lynne B.Humphries Direct Fax: (713)860-6606 lhumphries@abhr.com Partner March 5,2007 Mr. Darrin Coker City of Pearland 3519 Liberty Drive Pearland,Texas 77581-5415 Re: Brazoria-Fort Bend County Municipal Utility District No. 1 (the "District") Dear Darrin: The District is annexing six tracts of land, comprising a total of 463.631 acres. The City of Pearland is the owner of the part of this Iand which is in the right-of-way of the proposed Broadway extension. Please see the enclosed map. Therefore, the City must be a party to the petition for annexation. The District wants to include the Broadway right-of-way within its boundaries so that any associated water and sewer lines in the right-of-way might be financed by the District. The land proposed to be annexed is the same as the land annexed by the Pearland TIRZ. Sincerely, Lynne B. Humphries Enclosure 135740 1 i H.Y.&BR.R.CQ.SURVEY I _ SEC.63•A-761 1 ALTH S.OAViS.SI. 1 CALLFO DO,951 nV IA I '_t✓.oz Y00eo9g.eC.0.0.CT1 H.T.&BRR.CO.SURVEY FRANKLIN HOOPER SURVEY A-I9$ p,N.2pN.124052.2.0.0.0.P.P, • t Tr a APLA.O 5E0.83,A-305 I N 511.t/A CPEEN PAN[n ;ES ICUF OF POPT 100 OF 0IIDVARD BAY DA NC •J41 p0AE0 SVALI.07 CALYX PARCH LAY ID,200SO212 F�N. A]A I/0904 C IiY d TNPLM1ID DEVLLOA0ZAT COUPAI'Y CITY OF PCAALAID ,B.C.P.A:- D.C.O... J n30 kg,, L IU ITED PA(IIMRSN P • q�q1 (A F.N.20O+C'1243 f.N.!D•2000020+21 3a I+At0.Ca 2.T+]',CAE,. re.e.D.n. e.e.o.A. HJEY LINE r. 111 20050024AV ...200.9 512 (.N.tOO9D51243 �'� D.C.O.R. I 1 [` I (� ry i>v r C ITV G PEAPLArD Scale: I"'/VOV S SURVEY UNE / oDNAT IDN ,Iu.Aaa.r—c. CALLED u'.121 ACPES I A N iike,n 5_e9 PEAPLAND IfflOE g / © clrY rx PfAALAA9 LIu1 ED PAP]NCP•.VIIP H.T.g tlRR.CO.SURIEY 3..03 AC4E6 PEu IDUE CF M.N. 3:s 09 C1UJA 229.>19 ACPCS to-0' \i/ 5E0.$4.A-.538 F.D.C.O.P.P. f.'. 199902e201. r. n OA ASNIJO SttR1+E0.TRAIL T .ro S VEMUU. AB.LANGERMAA'N 5w �� rsLLED 52t.ez AtPCs SURVEY A.555 r,N.q.-ggz4e W 9W / m� z B.C.0.0.. POSEPT 5.DJ0.0,T(NSTEL .Dy 1 AO C1LLE0•J2.54at ACAE9 PDLDDS.t,pD, t I aW Tract I 317.414 Acres I Tract 2 132. 780 Acres O SO /I x Tract 3 1.582 Acres Tract 4 5..151 Acres 4\' P.4 • SURVEY LINE r W Tract 5 6.506 Acres Tract 6 0. 198 Acre / • w DLNHIDN,AYA,Ifa a6 O 1 TOTAL 463.63 1 Acres 'Ib.23t. +e Y v j Ilti�� a � � a I and —1 i� SSOLL r"'"'.V AD01T+O.N •y D�o�=" I g8W.� m vq..23E.PO.214 X\ 4..ix*,.;. r.e.c.D.A. S �•;J !a ffix 0 r..+m / c \ A.Wr I EXHIBIT OF / — 463. 631 ACRES CCCRP.NE iDANaI=L WT.DTS ,•' -' , PROPOSED ANNEXATION TRACTS /r I N� BRAZORIA-FORT BEND /r 4 zl MUNICIPAL UTILITY b ' e I DISTRICT NO. I P. $tip , _ FEBRUARY 2007 JOB NO. 1546 2006 l0i ��y P Lu D.NOO CN 8' CnLL[D LA.05,54 P.N.n I-O4005+ NOTE: SURVEY UNE- ---'-�--1.4...__ tau'Eoi �z.L.P. ',',,H. ..cas]s ux e.c...a. ]f•N,qx-p41O93 VM..1501E..4.PG-OOOI LJA Engineering Si Surveying, Inc. A B.C.O.A. O.C.O.R. 11 x ,a.PR m 2929 Briarpark Drive Phone 713.953.5200 I.Pll beor1025 ref erenced to tl i exos Stole / OOR S"L Suite 600 Fax 713.953.5026 Plane Coordinate System.South Central Zone. Houston,Texas 77042.3703 i.\Pro JOskl\SURVEY\1545\2006\CAD\463.631 core exhIbI/.dSn - 2/19/2007