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R2007-091 2007-08-06 RESOLUTION NO. R2007-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 34 OF APPROXIMATELY 40.56 ACRES OF LAND. WHEREAS, Brazoria County Municipal Utility District No. 34 (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 City Council of the City of Pearland, Texas, hereby specifically gives its written consent to the annexation of approximately 40.56 acres as described further in Exhibit "A" attached hereto, into the District. Section 4. This Resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Pearland and it is accordingly so resolved. PASSED and APPROVED ON FIRST AND ONLY READING this the 6th day of August, A. D., 2007. RESOLUTION NO. R2007 -91 ATTEST: APPROVED AS TO FORM: o~~ DARRIN M. COKER CITY ATTORNEY ~<>nJ f7s.J TOM REID MAYOR 2 Exhibit "A" Resolution No. R2007 -91 PETITION FOR CONSENT TO ANNEX LAND INTO BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 34 THE STATE OF TEXAS 8 8 COUNTY OF BRAZORIA S TO . THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: The undersigned, duly elected officer of Brazoria County Municipal Utility District No. 34 (the "District"), and 288 & 59 It Ltd., a Texas limited partnership (the "Petitioner"), acting pursuant to the provisions of Chapter 49, Texas Water Code, paxticularly Sections 49.301(a)-49.301(f), respectfully petition the City Council of the City of Pearlalld, Texas, for its written consent to the annexation by the District of the tracts of land described by metes and bounds in Exhibit A (the "Lalldfl). In support of this petition, the undersigned would show the following: 1. The District was created on August 30, 2004, and is governed by the provisions of Chapters 49 ancl54, Texas Water Code, as amended. II. The Petitioner holds fee simple title to the Land, as indicated by the certificate of ownership provided by the Brazoria County Appraisal DistJ:ict. The Petitioner hereby certifies that there are no lienholders on the Land except Texas State Bank. III. The Land is situated wholly within Brazoria County, Texas. All of the Land is within the corporate limits of the City of Pearl and, Texas. No part of the Land is within the extraterritorial jurisdiction (as such term is defined in Texas Local Government Code Section 42.001 et seq., as amended) of any city, town or village. All offue territory proposed to be annexed may properly be annexed into the District. 121983 IV. The Land is described by metes and bounds in Exhibit A, which is attached hereto and incorporated herein for all purposes. V. The general nature of the "vork to be done in the area sought to be annexed into the District is the consh"uction, acquisition, maintenance and operation of a waterworks and sanitary sewer system and a drainage and storm sewer system. VI. There is, for the following reasons, a necessity for the above-described work. The Land proposed to be annexed into the Dish'iet, which will be developed for conunercial purposes, is urban in nature, is within the growing environs of the City of Pearland, Texas, is in close proximity to populous and developed sections of Brazoria County, and within the immediate future will experience a substantial and sustained growth. 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 waterworks and sanitary sewer system and a drainage and storm sewer system, a public necessity exists for the annexation of the Land into the Dish'ict, to provide for the purchase, consh"uction, extension, improvement, maintenance and operation of such waterworks and sanitary sewer system and such drainage and storm se\ver system, so as to promote the purity and sanitary condition of the State's waters and the public health and welfare of the corrununity. VII. The Dish'ict agTees and heTeby covenants that if the requested consent to the annexation of the Land to the Dish'ictis given, the Dish"ict will adopt and abide by the conditions set forth in Exhibit H, attached hereto and incorporated herein for all purposes. VIII. The undersigned estimate, from such information as they have at this time, that the cost of providing the District's facilities to serve the Land sought to be annexed is $2,807,000. WHEREFORE, the undeTsigned respectfully pray that this petition be heard and granted in all respects and that the City of Pearland, Texas, give its written consent to the annexation of the Land into the Dish'ict 121983 -2- :fA. RESPECTFULLY SUBMITTED this 15 day of January, 2007. BRAZORIA COUNTY MUNICIP AL UTILITY DISTRICT NO. 34 ~k!e" ~ Stephen B. Pohl President, Board of Directors ATTEST: THE STATE OF TEXAS S S COUNTY OF HARRIS s yY' This insh"umentwas acknowledged before me on this2S day ofJanuary, 2007, by Stephen B. Pohl, as President, and PeterM. Klindworth, as Secretary, of the Board of Directors of Brazoria County Municipal Utility District No. 34, a political subdivision of the State of Texas, on behalf of said political subdivision. ,.II:AV'~"'I, l~~:" ..~~~ ~*f E.E ~~.. . ."'- ~~~~',~'; iJ.... ~--w ERIN M. EAST MY COMMISSION EXPIRES October 26.2009 Notary Public, State of Texas 121983 - 3- 288 & 59 II, LTD., a Texas limited partnership By: 288/59 GP, LLC, a Te..xas limited liability company, General Partner By: ~\joohY2-\ (C.~V()~r\~-P Woodrow R. Brownlee Managing Member THE STATE OF TEXAS COUNTY OF Dt:\-L~ s s s This instrument was acknowledged before me on the ~~day of January, 2007, by Woodrow R. Brownlee, Managing Member of 288/59 GP, LLC! a Texas limited liability company, general partner of 288 & 59 II, LTD., a Texas limited pm:tnership, on behalf of said limited liability company and said limited par ershi (NOTARY SEAJ,.,\ I _ ..,\,~~I;~ff"<I..... !~~4\~~'4 'I~t't% 'U.'} g ~~;";. 'oT.'.. ''?/ lo;1\'\"~ ~/llllrl"\\~ AMEE FUCHS Notary Public. State of Taxas My Commission Expires FsbruorY24, 2010 Attachments: Exhibit A - Description of the Lm1d Exhibit B - Conditions of City of Pearland 121983 -4- EXHIBIT A ADAMS SURVEYING CO. Steve D. Adams, RPLS 3666 Stepben D. AdaDlll, Jr., RPLS 5611 Phone (281) 331-3523 P.O. BOl.1l4 215 W. Sealy Alvin, TX 77512 Fax (281) 331-2182 FIELD NOTES Tract I 20.62 ACRES OF LAND, BEING A PART OF LOTS 39 AND 40:0F THE ALLISON RICHEY GULF COAST HOME COMPANY'S PART OF SUBURBAN GARDENS SUBDIVISION, IN THE H.T.& B. R.R. COMPANY SURVEY, SECTION 81, ABSTRACT 300, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN VOLUME 2, PAGE 9B, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS, . AND BEING ALL THAT SAME CERTAIN TRACT DESCRIBED IN A DEED FROM LEE FREEMEN AND CAROL FREEMEN TO KKONE, LTD, A TEXAS LIMITED PARTNERSHIP RECORDED IN BRAZORIA COUNTY CLERK'S FILE 2004-024840/ ALL THOSE CERTAIN TRACTS DESCRIBED AS TRACT A-1 AND A-2 IN A DEED FROM KYLE TAUCH AND JAMEs JOHNSON TO KK ONE, LTD, A TEXAS LIMITED PARTNERSHIP RECORDED IN BRAZORIA COUNTY CLERK/S FILE 2004-024838, AND ALL THAT SAME CERTAIN TRACT DESCRIBED IN A DEED FROM SUZANNE A. POSTLE, INDIVIDUALLY, AS INDEPENDENT EXECUTRIX OF THE ESTATE OF DOUGLAS FRENCH POSTLE, DECEASED TO.KK ONE, LTD, A TEXAS LIMITED PARTNERSHIP RECORDED IN BRAZORIA COUNTY CLERK'S FILE 03- 051728/ SAID 20.62 ACRES BEING MORE PARTICULALRY DESCRIBED AS FOLLOWS: BEGINNING at a 3/4 inch iron pipe set for the Northeast corner of the herein described tract in the West right-of- way line of County Road 566 (60.0 feet widel, said point being located South 86 deg. 42 min. 08 sec. West - 30.0 feet from the Northeast corner of Lot 39, the Northwest corner of Lot 49, the Southeast corner of Lot 38 as described in a deed to FYCW, Ltd. recorded in Brazoria County Clerk's File 2005-019628, and the Southwest corner of Lot 46, being the Southwest corner of the Thomas Fred Lipscomb tract described in Brazoria County Clerk's File 99-052091; THENCE South 03 deg. 13 min. 1B sec. East, along the West right-of-way line of County Road 566, a distance of 495.66 feet (called 495.0 feet) to a 3/4 inch iron pipe set in the common line of Lots- 39 and 40; THENCE North 86 deg. 42 min. 08 sec. East, along the common line of Lots 39 and 40, a distance of 1.01 feet to a 5/8 inch iron rod found for corner at the Northwest corner of a 1.129 -acre tract described in a deed to the State of Texas recorded in Volume 1035, Page 636, Deed Records, and Volume 1035, Page 642/ Deed Records, from which point a concrete monument found bears North 86 deg. 42 min. 08 sec. East - 0.47 feet; ~:l '}A*"-\O: I . Page 2 of Field Notes on 20.62 acres of land THENCE along the West line of said 1.129 acre tract and the West line of County Road 566, following a curve to the right having a Radius of 686.20 feet, Central Angle of 22 deg. 52 min. 24 see" Chord Bearing and Distance of South 10 deg. 20 min. 25 sec. West - 272.13 feet, for an arc distance of 273.94 feet to a concrete monument found at the P.T. of said curve; THENCE South 19 deg. 53 min. 42 sec. West, along the West line of said 1.129 acre tract and the West line of County Road 566, a distance of 13.77 feet to a concrete monument found at the p.e. of a curve to the .left; THENCE along the West line of said 1.129 acre tract and the West line of County Road 566, fOllowing said curve to the left having a Radius of 746.20 feet, Central Angle of 21 deg. DB min. 49 sec., Chord Bearing and Distance of South 11 deg. 11 min. 44 sec. West - 273.85 feet, for an arc distance of 275.41 feet to a concrete monument found at the P.T. of said curve; THENCE South 42 deg. 49 min. 57 sec. West, along the West line of said'1.129 aCre tract and the West line of County Road 566, a distance of 72.10 feet to a concrete monument found for corner; THENCE South 86 deg~ 44 min. 37 sec. West, with a line of said 1.129 acre tract, a distance of 10.0 feet to a concrete monument found for the lower Northwest corner of said 1.129 acre tract; THENCE South 01 deg. 38 min. 13 sec. East, along the West line of said 1.129 acre tract, at 23.14 feet pass a concrete monument found, and continue for a total distance of 35.91 feet to a point marking the Southeast corner of the herein described tract in the North right-of-way line of County Road 59 (right-of-way width varies); THENCE South 86 deg. 42 min. 08 sec. West, along the North right-at-way line of County Road 59 and the South line of theKK One, LTD, tracts described in Clerk's File 03-051728 and Clerk's File 2004-024838, a distance of 644.56 feet to a point marking the Southwest corner of the herein described tract in the West line of Lot 40; THENCE North 03 deg. 18 min. 52 sec. West, along the West line of Lot 40 at 10.0 feet pass a 1/2 inch iron rod set for reference ~orner, a~d continue along the West line of Lots 40 and 39 and the East line of a 60.0 foot drainage easement shown on the Plat of Southgate, Section One, as recorded in Volume 24, Pages 123-126, Plat Records of Brazoria County, Texas, for a total distance of 1123.97 feet to a 3/4 inch iron pipe set for the Northwest corner of the herein described tract at the Northwest corner of Lot 39 and the Southwest corner of Lot 38; ~ Page 3 of Field Notes on 20.62 acres of land THENCE North 86 deg. 42 min. DB sec. East, along the common line of Lots 38 and 39, at 32.52 feet pass a 3/4 inch iron pipe found, and continue for a total distance of 845.6B feet to the PLACE OF BEGINNING and containing 20.62 acres of land. Bearing Base - Grid Bearing shown on Southgate, . Section One, along the East line of a 60.0 foot drainage easement Field Notes written from an actual survey made on the ground Vuly 14 and 15, 2005 and AUkA- STEVE D. ADAMS Registered Professional Land Surveyor No. 3666 Lybrand-A300-IA ADAMS SURVEYING CO. Steve D. Adams, RPLS 3666 Stephen D.Adllms, Jr., RPLS 5611 Phone (2St) 331.3523 P.O. Box Il4 215 W. Sealy Alvin, TX 77512 Fax (281) 331-2182 FIELD NOTES Tract II 9.99 ACRES OF LAND, BEING A PART OF LOTS 49 AND 50 OF THE ALLISON RICHEY GULF COAST HOME COMPANY'S PART OF SUBURBAN GARDENS SUBDIVISION, IN THE H.T.& B. R.R. COMPANY SURVEY, SECTION 61, ABSTRACT 300, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN VOLUME 2, PAGE 98, PLAT RECORDS OF BRAZORIA COUNTY~ TEXAS, AND BEING A PART OF THAT SAME CERTAIN TRACT DESCRIBED INA DEED FROM LOUISE FENTON ROBINSON AND ADAM DEWALT ADAMS, TRUSTEE OF THE TESTAMENTARY TROST CREATED IN THE WILL OF HAMPTON C. ROBINSON, JR., DECEASED TO KK ONE, LTO, A TEXAS LIMITED PARTNERSHIP RECORDED IN BRAZORIA COUNTY CLERK'S FILE 2004-024839, SAID 9.99 ACRES BEING MORE PARTICOLALRY DESCRIBED AS FOLLOWS: BEGINNING at a .3/4 inch iron pipe found for the Northwest corner of the herein described tract in the East right-of- way line of County Road 566 (60.0 feet wide), said point being located North 66 deg. 42 min. OB sec. East - 30.13 feet from the Northwest corner of Lot 49, the Northeast corner of Lot 39, the Southeast corner of Lot 38 as described in a deed to FYCW, Ltd. recorded in Brazoria County Clerk's File 2005-019628, and the Southwest corner of Lot 48, being the Southwest corner of the Thomas Fred Lipscomb tract described in Brazoria County Clerk's File 99-052091; THENCE North 86 deg. 42-rnin. DB sec. East, along the common line of Lots 48 and 49 and the South line of the Lipscomb tract, a distance of 430.46 feet to a 3/4 inch iron pipe set for the Northeast corner of the herein described tract in the West right-of-way line of State Highway 288 as established in that deed for Parcel No. 21 recorded in Volume 1041, Page 460, Deed Records, from which point a 5/6 inch iron rod found bears South 52 deg. 54 min. 15 sec. East - 0.70 feet and a 1 inch iron pipe found bears South 50 deg. 30 min. 53 sec. East - 1.65 feet; THENCE South 03 deg. l7 min. 21 sec. East, along the West right-af-way line of State Highway 288, a distance of 878.22 feet ta a 3/4 inch iron pipe I set for angle point; THENCE South 30 deg. 48 min. 23 sec. West, along the West right-of-way line of State Highway 2E8, a distance of 82.81 feet to a concrete monument found fOf angle point; Page 2 of Field Notes on 9.99 acres of land THENCE South 64 deg. 54 min. 21 sec. West, with the right- of-way line of State Highway 288, a distance of 381.06 feet to a concrete monument found for angle point: THENCE South 86 deg. 44 min. 37 sec. West, with the right- of-way line of State Highway 288, a distance of 30.02 feet to a concrete monument found for the Southwest corner of the herein described tract at the lower Northwest corner of Parcel No. 21; THENCE North 03 deg. 18 min. 02 sec. West, along the monumented East right-of-way line of County Road 566, a distance of 1088.25 feet to the PLACE OF BEGINNING and containing 9.99 acres of land. Bearing Base - Grid Bearing shown on Southgate, Section One, along the East line of a 60.0 foot drainage easement Field Notes written from an actual survey made on the ground July 14 and 15, 2005 and August 1, 2005. Lfz#~ STEVE D. ADAMS Registered Professional Land Surveyor No. 3666 Lybrand-n300-IIA " ADAMS SURVEYING CO. Steve D. Adams, RPLS 3666 Stephen D. Adams, Jr., RPLS 5611 Phone (281)331-3523 TRAc r J][.. P.O. Box 114 215 W. Sealy Alvin, TX 775U FlU (281) 331-2182 FIELD NOTES- 9.95 ACRES OF LAND (CALLED 10.0 ACRES), KNOWN AS LOT 38 OF THE ALLISON RICHEY GULF COAST HOME COMPANY'S PART OF SUBURBAN GARDE:NS SUBDIVISION, IN THEH.T.& B. R.R. COMPANY SURVEY, SECTION 81, ABSTRACT 300, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN VOLUME 2, PAGE 98, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS, AND BEING THAT SAME CERTAIN TRACT DESCRIBED IN A DEED FROM CHRISTOPHER ALLEN HOOKER TO FYCW, LTD., A TEXAs LIMITED PARTNERSHIP; RECORDED IN BRAZORIA COUNTY CLERK'S FILE (BCCp) 2005-019626, SAID 9.95 ACRES BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING at a 3/4 inch iron pipe found in County Road 566 buried 10 inches, said point being the Northeast corner of Lot 38 and the Sout~east corner of Lot 37, being the Southeast 'corner of the George Fishman tract described in Clerk's File 97-010496, the Southwest corner of Lot 47 as described in a deed to the Lanik Family Living Trust described in .Clerk's File 02-031714, and the Northwest Corner of Lot 48, being the Northwest corner of the Linda Sue vTilliams and Barbara Ann Williams tract described in Clerk's File 99-052091; THENCE South 03 deg. 13 min. 18 sec. East, along the centerline of County Road 566 (60.0 foot right-of-way), being the common line of Lot 38 and Lot 48, a distance of 494.62 feet (called 495.0 feet) to a point marking the Southeast corner of Lot 38 and the Northeast corner of Lot 39, the Southwest corner of Lot 48, being the Southwest corner of Thomas Fred Lipscomb tract described in Clerk's File 99-052091, and the Northwest corner of Lot 49 as described in a deed to KK One, LTD. recorded in Clerk's File 2004-024839; THENCE South 86 deg. 42 min. 08 sec. West, along the common line of Lot 36 and Lot 39, at 29.42 feet pass a 3/4 inch iron pipe found, at 30.0 feet pass a 3/4 inch iron pipe set in the West right-of-way line of County Road 566, and continue along the North line of the KK One, LTD. tract as described in BCCF 2004-024840, at 843.16 feet pass a 3/4 inch pipe found, and continue for a total distance of 875.68 feet (called 880.0 feet) to a 3/4 inch iron pipe set at the Southwest corner of Lot 38 and the Northwest corner of Lot 39 in the East line of a 60.0 foot drainage easement shown on the Plat of Southgate, Section One, as recorded in Volume 24, Pages 123-126, Plat Records; =- Pag~ 2 of Field Notes on 9.95 acres of land THENCE North 03 deg. 18 min. 52 sec. West, along the West line of Lot 38 and the East line of said 60.0 foot drainage easement, at 242.02 feet pass a 5/8 inch iron rod with a cap marked ~Hardy RPLS 4847n found at the Northeast corner of Southgate, Section One, and the Southeast corner of Southgate, Section Two, as recorded in Volume 24, Pages 278 and 279, Plat Records, and continue along the East line of a 60.0 foot drainage reserve for a total distance of 494.62 feet (called 495.0 feet) to a 3/4 inch iron pipe set for the Northwest corner of Lot 38 and Southwest corner of Lot 37, being the Southwest corner of the Jot Hodges, Jr. 0 Trustee tract o described in Volume 1107, Page 449, Deed Records, from which point a 1/2 inch iron rod found bears North 62 deg. 24 min. 57 sec. West - 2.97 feet; THENCE North 86 deg. 42 min. 08 sec. East, along the common line of Lot 37 and Lot 38 and the South line of the Bodges tract, at 289.71 feet pass a 5/8 inch iron rod found 0.8 feet North of line, continue along the South line of the Hodges tract and the aforementioned George Fishman tract.. at 846.48 feet pass a 3/4 inch ironopipeset in the West line of County Road 566 (find a 1/2 inch iron rod 0.52 feet Northl, and continue for a total distance of 876.48 feet (called 880.0 feet) to the PLACE OF BEGINNING and containing 9.95 acres of land. Bearing Base - Grid bearing shown on Southgate Section, One, along the East -line of a 60.0 foot drainage easement written from an actual survey ground July 14 and 1S, 2005. Land Surveyor No. 3666 Lybrand-A300 EXHIBIT "B" (a) The City of Pearland, Texas (the "City"), by execution of its City Manager, and the developer on behalf of the Dish'ict have entered into and executed a utility agreement that specifies the terms and conditions for providing water and sewage treatment services to the District (the "Utility Agreement"). The Dish"ict shall assume all the rights, obligations, and interests of the developers under the Utility Agreement, as set forfh therein. (b) The District may issue bonds, including refunding bonds, for any purposes authorized by law, including but not limited to, purchasing, refinancing, designing and constructing, or otherwise acquiring waterworks systems, sanitary sewer systems, storm sewer 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-way, easements, sites, equipment, buildings, plants, structures, and facilities therefor, and to operate and maintain same, and to sell water, sanitary sewer, and other services within or without 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 premium, and none of such bonds, other than refunding bonds, will be sold for less than 95% of pari 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, will not exceed two percent (2%) above the highest average interest rate reported by the Daily Bond Buve.r in its weekly 1/20 Bond Index" during the one-month period next preceding the date of the sale of such bonds. The resolution authorizing the issuance of the District's bonds will contain a provision that the pledge of any revenues from the operation of the District's water and sewer and/ or drainage system to the payment of the Dish-ict'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 landov.rners will submit to the City, or to its designated representative, all plans and specifications for the consh'uction of water, sanitary sewer and drainage facilities to serve the District and obtain the approval of such plans and specifications therefrom. All water wells, water meters, flushing valves, valves, pipes, and appurtenances thereto, installed or used within 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 DiSh"jct will comply with the City's standard plans and specifications as amended from time to time. Prior to the construction of such facilities within or by the Dish'iet, the District or its engineer will give written notice by registered or certified mail to the City, stating the date that 121983 such construction will be commenced. The construction of the Districes water, 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 on-the-ground inspections. (d) Prior to the sale of any lot or parcel of land, the owner or the developer of the land included within the limits of the District will obtain the approval of the Planning and Zoning Commission of the City ofa plat which will be duly recorded in the Official Records of Brazoria County, Texas, and otherwise comply with the rules and regulations of the Engineering Department and the Department of Public Works of the City of Pearl and. 121983 City of Pearland In=CityMUD Data Form. . .MUD:•#34 May 1;.2007 Existing Proposed General information MUD Tract(a) 1 .Proposed.Zoning Classification(also show on map) .PUD,.RE BP-288 2 Projected Date'of Completion of All Homes/Businesses 2009 2009 • Existing Proposed Area MUD Tracts) Total 3 Total Acreage • 616..327 40.56 655.887 :4 Currently Platted Residential=Acreage.(including road rights Of way) '113.09 0 413.09 .5 •Currently Platted Commercial Acreage-(including road rights:of'way) 0 0 '0 6 'Currently Undeveloped Acreage 374.47 29;899 404.369 7 Projected Undeveloped:Acreage to be Platted Residential 342.88 0 342.88 :8: Projected•Undeveloped•Acreage to be:Platted Commercial :31 59 :29.899 61489 9 Currentarid Projected.Detention:&Transmission.Utility Easements.(acres) 76.2 8.972 85;472 10 IAll.Other'Aoreage'(Landscaping Reserves.Parks,etc) '52.46 t689 54.149 :Note:.LineST and 8.should total.to.Line:6. Lines 4,_5,6,9,and.10 should total to Line-3..Linea Should equal the total'acreagein.the MUD or`.theProposedTracts. 'Existing Proposed Residential Lots MUD Tracts) Total 11 Totatxisting and-Planned Residential Lots 1606 0 1606 _ 12 Number of CurrentlyCompleted/Occupied:Homes .0 0. 0 13' Number of Currently.Completed:Lots '328 0 328 14, Number of Lots Under Construction 0 0 t) '15 Nuriiber:af Future.Lots 1278 0 1278 Note:Lines12,13,:14,:and'15.shduld totatto tine fif Existing •Proposed •PropertyValues MUD Tract(s) Total 16. Most'RecentBCAD.Valuation(Date:December3l,2006)' $ 16:322.196 I$ 1:780.46D: $ 18,102,650' 17' Projected.Total Valuation at Pallid Out Date • $ :383.362:000 s 30;085,450- S 413;447;450 18 Projected Residential.Valuation at Build Out 5 '355;050,000 _$ - I S 355.050;000 • 19 Projected:Comm ercial.Valuation at Build Out $ 28,312;000 iS 30,085,450. $. .58,397,450: • • 20. Estimated.Average'Home'Value.(Date:.December:31,2005) NA NA NA 21 (Estimated Average Home=Value-et Build Out $ 221:077 'NA $ 221,077 • • Certified Tax Valueof$15,052;770.taken.from November 30,2006 Report.plus the.proposed value'.of-the annexed:73.4:acre'.tract ($1;269420):MostRecent Valuation does not Include the:proposed value:of,the2019 Acre'.Tract($570,020)recentlyannexedrbythe MUD,. :but not Yet annexed into the City ofPeadand. "The value ofthe 20.19 Acre-Tract($570;020)le included in the projected Total Valuation.at.Build.Out sinceitis expected:that the Clty:of.Pearland will annex the tract'in the.near future. Note:.Lines:18 and 19should.total to.Line:.17 Existing Proposed Property`Tax.Revenues MUD Tract(s) Total 22 'Pre-Development General Fund Taxes @S./5652659/100(Date:1/1107)' $ 106;528 ;$ 12.007 $ 1.18,536 • 23 Most.Recent YearCfty.PropertyTaxes•©.5:6526591$100- S. 106,528. .5 12.007 'S 118,536:. 24.Projected City.PropertyTaxes @'$:6526 59/5 1 0 0_at'Build Out ' $ 2,585,393: 6 196;355 :$ 2,781:749 25 Most Recent Year MUD Rebate Amount.(50.15/100) $ 24,483 $ - • $ 24,483 26 Projected:MUD Rebate Amount'at.Build`Out poi 5/1.0o) j.s. 575,043 5 45,128 :$ 620,171 Most.Recent•.City.Property:Taxes.do not•inciude•the.proposed:tax revenuefrom.the,20.19 Acre Tract(53,720). Projected'CO Taxes include tax.revenue'from the Build.Out Valuation of the:.20.19 Acre Tract. :Existing 'Proposed Calculations • MUD Tract(e) Total 27 Approx.Net Density at Build'Out-Homes/Acre(Line 11/(3,9)) . .S• 2.97 .S - 'S 2.81 28 Net Annual Revenue to City--Current:Estimate:(Lins2325-22) .$ (24,483) S - S (24,483) 29 Net Annual Revenue•to City-Build'Out'Estimate:(Une 24-26-22) $ 1,903.822 $ 139,220 'S 2.043,042 .5/1/2007 1 of 6 40.56.Acre Annexation. City of-Peariand In-City MUD Data Form MUD.:#34 May 1,2007 Existing;Subdivisions Within Existing IVIUD Projected Percent Subdivision Name Area(Acres) Lots Complete Southern Trails 422.13 1065 15% Southern Trails West 100.5 354 0% Ridge Rock 73.4 167 0% 5/1/2007 2 of 6 40.56 Acre Annexation. City of Pearland In-City MUD Data.Form MUD#:34 May 9,2007 Proposed.Subdivisions WithinAnnexation Request Projected Percent Subdivision Name Area(Acres) Lots Complete N.A NA 5/1/2007 3 of 6 40.56 Acre Annexation. City of Peariand in-City MUD Data Form MUD 34. May 1,.2007 Existing Non-Residential Businesses Within Existing MUD Business Name Type of Business 20.19-Acre at Broadway arid CR 48 General Business/Office. 5/1/2007 4 of 6 40.56 Acre Annexation. City of Pearland In-City MUD.Data.Form. MUD#:34 May 1,:2007 Proposed.Non-Residential Businesses Within Annexation Request Business Name Type of Business To Be Determined General Business/Office 5/1/2007 5of6 40:56 Acre Annexation. ti • City of•Pearland in-City•MUD'Data Farm NWD 34 May."1,2i1U7 Anticipated Future Annexation Requests :Projected. General Tract.Description Area:(Acres) Lots • • • • • 5/1/2007 6 o1'6 9 40.56 Acre Annexation: City of Peat.land In-City MU-i. Application Cheddist Brazoria,County MUD41.34 Date February 5,2007 Attach;this slieerds:d covert°the coMpletedinformatioia andoheck each box: Ftilly completed City of Pearland In-City MUD Data Form LT- • ExistingSubchwsions,Form ErPropOsed Subdivisions Form. ErExiSting Non-Residential Businesses-Form. • roposed Non-Residential Businesses Form. Er: nti'Ampated.Future Annexations Form. LI•Vicirnty map of the entire City on 24 x 36.sheetclearly showing'location of the,existing.in- city-MUD(if applicable)and the proposed annexation tract(s)—12 copieS. Show the existing and proposed zoning(if different)for eadhexistingMUD tract and eachproposed tract-to be 41-lneOcl. Oh •etailect map of each tract,(1•'?=-•=200' scale)—12 copies,and an AutoCAadrawing file (DWG)Ori-CDcti.34/2"floppy disk(Texas State Plane South Central NAD 83). Fully completed and stgned annexation:petitions with metes and bounds boundary descriptionkfor all tracts—12,copies. Consent by-the City rof Pearland for in-city-MUD.creations and annexations into existing in-city I • sis not final until the adoption on second reading,of the creationiannexafion,ordinance. The .annexation/creation ordinance will only be considered simultaneously with the first and second readings of the zoning ordinance,if required, the property under bonSideratiOn. The applicant is -advised to examine the schedule requirements for thezoningprocess to ensure timely consideration ofdiis'application. Due to thangedininarket.tonditions,enti other variables,neither the MUD nor the developer(s) guarantee anyoftheprojeCtions or estimates provided in tins Application. 288,&59 11,LTD.,:a Texas limited partnership By 28,SL59 GP,LLC,a Texas limited liability .,company,General Partner WoddroW'R. BeoWnlee Managing Member 13241.1 1