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Ord. 1094 02-24-03ORDINANCE NO. 1094 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 17 OF APPROXIMATELY 107.3795 ACRES OF LAND. WHEREAS, Brazoria County Municipal Utility District No. 17 (the "District") is located within the corporate limits of the City of Pearland, Texas ("City"); and WHEREAS, the City consented to the creation of the District by Ordinance No. 859 dated August 10, 1998; 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 "Petitions for Consent to Include Additional Land in the City of Pearland and in Brazoria County Municipal Utility District No. 17" (the "Petitions") are attached hereto as Exhibit "A" and made a part hereof for all purposes. Section 3. The City Council of the City of Pearland, Texas, hereby specifically gives its written consent to the annexation of approximately 107.3795 acres described in the Petitions and the exhibits attached hereto, into the District conditioned upon the terms set forth in Ordinance No. 859 and Chapter 30, Article IV, Water and Sewer Districts, of the City of Pearland Code of Ordinances. Section 4. This Ordinance 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. ORDINANCE NO. 1094 PASSED and APPROVED ON FIRST READING this the l0th day of February ATTEST: , A. D., 2003. TOM REID MAYOR PASSED and APPROVED ON SECOND AND FINAL READING this the 24th day of February , A. D., 2003. ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 17 -,z-----_.09.--kt.") ).4-4-ad TOM REID MAYOR Exhibit "A" Ordinance No. 1094 PETITION FOR CONSENT TO ANNEX LAND INTO BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 17 THE STATE OF TEXAS § COUNTY OF BRAZORIA § 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. 17 (the "District"), and West Little York 62 Ac., Ltd., a Texas limited partnership (the "Petitioner"), acting pursuant to the provisions of Chapter 49, Texas Water Code, particularly Sections 49.301(a)- 49.301(f), respectfully petition the City Council of the City of Pearland, Texas, for its written consent to the annexation by the District of the tract of land described by metes and bounds in Exhibit "A" (the "Land"). In support of this petition, the undersigned would show the following: The District was created on May 21, 1999, and is governed by the provisions of Chapters 49 and 54, Texas Water Code, as amended. II. The Petitioner holds fee simple title to the Land sought to be annexed to the District, as indicated by the certificate of ownership provided by the Brazoria County Appraisal District. The Land is situated wholly within Brazoria County, Texas. No part of the Land is within the limits of any incorporated city, town or village, and no part of the Land is within the corporate boundaries (as such term is defined in Texas Local Government Code Section 42.001 et seg., as amended) of any city, town or village except the City of Pearland, Texas. All of the territory proposed to be annexed may properly be annexed into the District. 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 work to be done in the area sought to be annexed into the District is the construction, 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 District, which will be developed for residential and/or commercial 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 972250_1.DOC 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 District, to provide for the purchase, construction, extension, improvement, maintenance and operation of such waterworks and sanitary sewer system and such drainage and storm sewer system, so as to promote the purity and sanitary condition of the State's waters and the public health and welfare of the community. VII. The Petitioner certifies that Frances Jamison Charitable Limited Partnership, Ltd. is the only lienholder on the Land. VIII. The District agrees and hereby covenants that if the requested consent to the annexation of the Land to the District is given, the District will adopt and abide by the conditions set forth in Exhibit "B," attached hereto and incorporated herein for all purposes. IX. The undersigned estimate, from such information as they have at this time, that the cost of extending the District's facilities to serve the Land sought to be annexed is $2,855,000 and that the cost of extending the District's facilities to serve the Land sought to be annexed will not exceed the current bonded authorization limit of the District. WHEREFORE, 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 the annexation of the Land into the District. 972250_1.DOC [EXECUTION PAGES FOLLOW] 2 RESPECTFULLY SUBMITTED this 5th day of November, 2002. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 17 Francis J. Scarr President, Board orectors ATTEST: and of Directors 0.4 MUUNIC/pgl •�� �s U fi rtr -.1 ;X �r */ THE STATE OF TEXAS COUNTY OF HARRIS This instrument was acknowledged before me on this 5th day of November, 2002, by Francis J. Scarr as President, and Tiffiny L. Collett as Secretary, of the Board of Directors of Brazoria County Municipal Utility District No. 17, a political subdivision of the State of Texas, on behalf of said political subdivision. 972250_1.DOC Notary Public, State of Texas -3 WEST LITTLE YORK 62 AC., LTD., a Texas limited partnership By: Amvest Corporation, a Texas corporation, its general partner By: Clinton F. Wong President ATTEST: By: ft Name: . ir'C�L :1 Title: trt THE STATE OFT XAS § COUNTY O 4-4 S § This instrument was acknowledged before me on this 5th day of November, 2002, by Clinton F. Wong as President of Amvest Corporation, a Texas corporation and general partner of West Little York 62 Ac., Ltd., a Texas limited partnership, on behalf of said corporation and limited partnership. „. KELLY D. REANS �t *= MY COMMISSION EXPIRES (N OTA . Q't' ) January 16, 2006 972250 I.DOC -4 Nota Publi tate of Texas --_ Exhibit "A" f'IELI) NOTE DESCRY TION OF A 48.2221 ACRE TRACT OF LAND BEING ALL OF TRACT 1 AND A PORTION OF TRACT 2, OF THE B. M. JAMISON AND WIFE FRANCES JAMISON TRACT, RECORDED IN VOLUME 663, PAGE 99-102 OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS, SITUATED IN SECTION 1, OF THE A. C. H. & B. SURVEY, PATENT No. 604, VOLUME 27, ABSTRACT 147, AND THE T. D. YOCUM SURVEY, PATENT No, 519, VOLUME 15, ABSTRACT 399, BRAZORIA COI INTY, TEXAS. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT A SURVEY CAP FOUND IN THE NORTH LINE OF JOHN LIZER ROAD STAMPED R. O. W., BEING 20' NORTH OF THE CENTERLINE OF THE ORIGINAL 40' ROAD, MARKING THE SOUTHEAST CORNER OF HEREIN DESCRIBED TRACT AND THE SOUTHWEST CORNER OF THE ROBERT D. AND JACQUELYN BURGESS TRACT RECORDED UNDER C.C.F. No. 93-007446 OF THE OFFICIAL RECORDS OF BRAZORIA COUNTY, TEXAS, THENCE S. 89°08'53" W. WITH THE NORTH LINE OF JOHN LIZER ROAD A DISTANCE OF 1021.63' (CALLED 1024.0') TO A 1" IRON PIPE FOUND MARKING THE SOUTHWEST CORNER OF HEREIN DESCRIBED TRACT AND THE SOUTHEAST CORNER OF THE WILLIAM C. LOUDEN et al, TRACT RECORDED IN VOLUME 933, PAGE 184, OF THE DEED RECORDS OF BRAZORIA COUNTY. TEXAS. THENCE N. 00°00'21" W. WITH THE COMMON LINE OF HEREIN DESCRIBED TRACT AND THE EAST LINE OF LOT 128A AND 125A , SAID LOUDEN TRACT'S AT 1300.0' PASS THE NORTHEAST CORNER OF SAID LOUDEN TRACT'S AND THE SOUTHEAST CORNER OF THE THOMAS P. ALEXANDER TRACT'S RECORDED IN VOLUME 1404, PAGE 391, OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS, CONTINUING ALONG THE COMMON LINE OF LOTS 122 AND 120, SAID ALEXANDER TRACT'S AT 2069.91' PASS A 5/8' IRON ROD W/CAP, (STAMPED LANEY, RPLS 1718), SET FOR REFERENCE CORNER, CONTINUING FOR A TOTAL DISTANCE OF 2119.91' TO A POINT IN THE CENTERLINE OF MARY'S CREEK, MARKING THE NORTHWEST CORNER OF HEREIN DESCRIBED TRACT. ALSO BEING THE SOUTHWEST CORNER OF THE ROBERT A MEISTER AND WIFE JUDY P. MEISTER TRACT RECORDED UNDER CLERK'S FILE 97-036510 OF THE OFFICIAL RECORDS OF BRAZORIA COUNTY, TEXAS. THENCE IN AN EASTERLY DIRECTION ALONG THE CENTERLINE OF MARY'S CREEK THE FOLLOWING CALLS: S. 82' 41' 04' E. A DISTANCE OF 51.18'; S. 81' 59' 07 E. A DISTANCE OF 222.51'; S. 81 ° 53' 15' E. A DISTANCE OF 209.47'; S. 85' 17' 01" E. A DISTANCE OF 50.77'; N. 85° 31' 30' E. A DISTANCE OF 70.98'; N. 88' 32' 08" E. A DISTANCE OF 110.91'; S. 84' 01' 35" E. A DISTANCE OF 34.05'; S. 73' 53' 23" E. A DISTANCE OF 151.58'; S. 80' 08' 01" E. A DISTANCE OF 59.33' TO A POINT IN THE EAST LINE OF AFORESAID TRACT 2, BEING IN THE WEST LINE OF THE AFORESAID BURGESS TRACT AND THE SOUTHEAST CORNER OF SAID MEISTER TRACT. THENCE S. 00°02'04" W. WITH THE COMMON LINE OF HEREIN DESCRIBED TRACT AND SAID BURGESS TRACT AT 50.00' PASS A 5/8' IRON ROD W/CAP (STAMPED LANEY, RPLS 1718) SET FOR REFERENCE CORNER, AND AT 1964.75 PASS A SURVEY CAP STAMPED R. O. W., CONTINUING FOR A TOTAL DISTANCE OF 1974.75' TO THE POINT OF BEGINNING OF HEREIN DESCRIBED TRACT. CONTAINING 48.2221 ACRES OF LAND. EXHIBIT "B" (a) The City of Pearland, Texas (the "City"), by execution of its City Manager, 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 sewage treatment services to the District (the "Utility Agreement"). The District shall assume all the rights, obligations, and interests of the developers under the Utility Agreement, as set forth 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 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, will not exceed two percent (2%) above the highest average interest rate reported by the Daily Bond Buyer in its weekly "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 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 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 District 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 District, the District or its engineer will give written notice by registered or certified mail to the City, stating the date that such construction will be commenced. The construction of the District's 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 of a 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 Pearland. 972250_1.DOC CERTIFICATE THE STATE OF TEXAS § COUNTY OF BRAZORIA § I, the undersigned Secretary of the Board of Directors of Brazoria County Municipal Utility District No. 17, do hereby certify that the attached and foregoing is a true and correct copy of the Petition For Consent To Annex Land Into Brazoria County Municipal Utility District No. 17 into said District that was filed with the Board of Directors of the District on November 5, 2002. WITNESS MY HAND AND SEAL OF SAID DISTRICT this 5th day of November, 2002. otACIPAI IA Coti��l/�� a © �GCs ; co A'c , FiC S �� X 7e ! { V tEXAS 972250_1.DOC 5 Tiffin l Ilett Secret ryv Board of Directors tt Exhibit "A" Ordinance No. 1094 PETITION FOR CONSENT TO ANNEX LAND INTO BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 17 THE STATE OF TEXAS § COUNTY OF BRAZORIA § 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. 17 (the "District"), and Sunlake Limited (the "Petitioner"), acting pursuant to the provisions of Chapter 49, Texas Water Code, particularly Sections 49.301(a)-49.301(f), respectfully petition the City Council of the City of Pearland, Texas, for its written consent to the annexation by the District of the tract of land described by metes and bounds in Exhibit "A" (the "Land"). In support of this petition, the undersigned would show the following: The District was created on May 21, 1999, and is governed by the provisions of Chapters 49 and 54, Texas Water Code, as amended. The Petitioner holds fee simple title to the Land sought to be annexed to the District, as indicated by the certificate of ownership provided by the Brazoria County Appraisal District. The Land is situated wholly within Brazoria County, Texas. No part of the Land is within the limits of any incorporated city, town or village, and no part of the Land is within the corporate boundaries (as such term is defined in Texas Local Government Code Section 42.001 et sew., as amended) of any city, town or village except the City of Pearland, Texas. All of the territory proposed to be annexed may properly be annexed into the District. 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 work to be done in the area sought to be annexed into the District is the construction, 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 District, which will be developed for residential and/or commercial 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 979580_1.DOC 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 District, to provide for the purchase, construction, extension, improvement, maintenance and operation of such waterworks and sanitary sewer system and such drainage and storm sewer system, so as to promote the purity and sanitary condition of the State's waters and the public health and welfare of the community. Land. VII. The Petitioner certifies that Billy C. Noles and Wanda Noles are the only lienholders on the VIII. The District agrees and hereby covenants that if the requested consent to the annexation of the Land to the District is given, the District will adopt and abide by the conditions set forth in Exhibit "B," attached hereto and incorporated herein for all purposes. IX. The undersigned estimate, from such information as they have at this time, that the cost of extending the District's facilities to serve the Land sought to be annexed is $2,456,250 and that the cost of extending the District's facilities to serve the Land sought to be annexed will not exceed the current bonded authorization limit of the District. WHEREFORE, 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 the annexation of the Land into the District. [EXECUTION PAGES FOLLOW] 979580_I.DOC 2 RESPECTFULLY SUBMITTED this 5th day of November, 2002. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 17 4' Francis J. Scarr President, Board of ATTEST: Tiffiny L. 4i lett Se B,prd of Directors ACAPAL ap. * aN0,s,; THE STATE OF TEXAS COUNTY OF HARRIS This instrument was acknowledged before me on this 5th day of November, 2002, by Francis J. Scarr as President, and Tiffiny L. Collett as Secretary, of the Board of Directors of Brazoria County Municipal Utility District No. 17, a political subdivision of the State of Texas, on behalf of said political subdivision. S': g V ROSSPEERE w U .,R ' 25 2003 id Notary Public, State of Texas 979580_I.DOC 3 SUNLAKE LIMITED, a Texas limited partnership By: Amerifirst Corporation, a Texas corporation, its general partner By: ATTEST: Name: i t Ifftf' Title: (►''.71(9r1 THE STATE OF TEXAS COUNTY OF HARRIS Clinton F. Wong President This instrument was acknowledged before me on this 5th day of November, 2002, by Clinton F. Wong as President of Amerifirst Corporation, a Texas corporation and general partner of Sunlake Limited, a Texas limited partnership, on behalf of said corporation and limited partnership. (NOTA ;�""';yc KELLY D. REANS MY COMMISSION EXPIRES , ) January 16, 2006 979580_1.DOC 4 Notakv Pubtk lState of Texas EXHIBIT A FIELD NOTE DESCRIPTION OF LOT'S 20, 21, 22 AND 23, OF THE SUBDIVISION OF SECTION No. 6, H.T. & B. SURVEY, ABSTRACT 544, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 136, PAGE 501, OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT A POINT MARKING THE COMMON CORNER OF LOT'S 23 AND 25 AND BEING 20' EAST OF THE WEST LINE OF 50' WIDE HATFIELD ROAD, AND BEING THE SOUTHEAST CORNER OF HEREIN DESCRIBED TRACT. THENCE N. 89°41'46" W. WITH THE COMMON LINE OF LOT'S 23 AND 25 AND THE CENTERLINE OF A 60' WIDE DRAINAGE DITCH AT 20.00' PASS THE WEST LINE OF HATFIELD ROAD AND AT 1036.70' PASS THE COMMON CORNER OF LOT'S 22, 23, 24 AND 25, FROM WHICH A 5/8" SET IRON ROD BEARS NORTH 30.00', AND AT 2043.40' PASS THE EAST LINE OF O'DAY ROAD, CONTINUING FOR A TOTAL DISTANCE OF 2073.40' TO A POINT IN THE CENTERLINE OF . 0' WIDE O'DAY ROAD, MARKING THE SOUTHWEST CORNER OF HEREIN DESCRIBED TRACT AND COMMON CORNER OF LOTS 22 AND 24. THENCE N. 00°00'00" E. WITH THE WEST LINE OF LOTS 22 AND 20 A DISTANCE OF 837.05' (CALLED 840.40') TO A POINT MARKING THE COMMON CORNER OF LOTS 18 AND 20 AS OCCUPIED. THENCE S. 88°43'51" E. AT 24.62' PASS A FOUND 1/2" IRON ROD MARKING THE SOUTHWEST CORNER OF WILLIE G. HODGE TRACT, RECORED UNDER C.C.F. No. 98-019680, OFFICIAL RECORDS, AT 30.00' PASS A SET 5/8" IRON ROD IN THE EAST LINE OF O'DAY ROAD, AT 126.88' PASS A FOUND 1/2" IRON ROD MARKING THE SOUTHEAST CORNER OF SAID WILLIE G. HODGE TRACT AND THE SOUTWEST CORNER OF WILLIE HODGE , Jr. TRACT, RECORDED UNDER C.C.F. No. 94-018843, OFFICIAL RECORDS, AT 228.84' PASS A 1/2" IRON ROD FOUND MARKING THE SOUTHEAST CORNER OF WILLIE HODGE, Jr. TRACT AND SOUTHWEST CORNER OF MICHAEL J. RUDNICKI TRACT, RECORDED IN VOL. 1750, PG. 984, DEED RECORDS, AT 331.86' PASS A 1/2" IRON ROD FOUND MARKING THE SOUTHEAST CORNER OF RUDNICKI AND THE SOUTHWEST CORNER OF STEPHEN J. DALLAS TRACT RECORDED IN VOL.(84) 29. PG. 766, OFFICIAL RECORDS, AT 434.20' PASS A 1/2" IRON ROD FOUND MARKING THE SOUTHEAST CORNER OF SAID DALLAS TRACT AND THE SOUTHWEST CORNER OF ROBERT WEBB SNYDER TRACT. RECORDED IN VOL. 1467, PG. 834, DEED RECORDS, AT 509.24' PASS A 112" IRON ROD FOUND MARKING THE SOUTHEAST CORNER OF SAID SNYDER TRACT AND SOUTHWEST CORNER OF ROGER AND KATHERINE SAWYER TRACT ECORDEO UNDER C.C.F. No. 97-037349, OFFICIAL RECORDS, AT 742.02' PASS A 1/2" IRON ROD FOUND MARKING THE SOUTHEAST CORNER OF SAID SAWYER TRACT AND THE SOUTHWEST CORNER OF ROBERT M. NAQUIN TRACT RECORDED IN VOL. 1380, PG. 739, DEED RECORDS, AT 86223' PASS A 1/2" IRON ROD FOUND MARKING THE SOUTHWEAST CORNER OF SAID NAQUIN TRACT AND THE SOUTHWEST CORNER OF LAWRENCE E. MEYER TRACT RECORDED IN VOL. (87) 317, PG. 768, OFFICIAL RECORDS, CONTINUING FOR A TOTAL DISTANCE OF 1031.06' ( CALLED 1030.70) TO A 1/2" IRON ROD FOUND MARKING THE SOUTHEAST CORNER OF SAID MEYER TRACT AND SOUTHEAST CORNER OF AN UNRECORDED SUBDIVISION OF LOT 18, AS OCCUPIED. 2 THENCE N. 84°27'22" E. A DISTANCE OF 6.25' TO A 1" IRON PIPE FOUND MARKING THE COMMON CORNER OF LOT'S 18, 19, 20 AND 21. ALSO BEING THE SOUTHWEST CORNER OF STANLEY G. BRADLEY TRACT RECORDED IN VOL. 1129, PG. 661, DEED RECORDS OF BRAZORIA COUNTY, TEXAS. THENCE S. 89'41'46" E. WITH THE COMMON LINE OF LOT 19 AND 21 AT 1016.70' PASS A 1" IRON PIPE FOUND IN THE WEST LINE OF HATFIELD ROAD, CONTINUING FOR A TOTAL DISTANCE OF 1036.70' TO A POINT MARKING THE COMMON CORNER OF LOT'S 19 AND 21 AND NORTHEAST CORNER OF HEREIN DESCRIBED TRACT. THENCE S. 00°00'00" E. WITH THE EAST LINE OF LOT'S 21 AND 23 A DISTANCE OF 840.40' TO THE POINT OF BEGINNING OF HEREIN DESCRIBED TRACT, CONTAINING 39.9293 ACRES. EXHIBIT "B" (a) The City of Pearland, Texas (the "City"), by execution of its City Manager, 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 sewage treatment services to the District (the "Utility Agreement"). The District shall assume all the rights, obligations, and interests of the developers under the Utility Agreement, as set forth 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 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, will not exceed two percent (2%) above the highest average interest rate reported by the Daily Bond Buyer in its weekly "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 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 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 District 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 District, the District or its engineer will give written notice by registered or certified mail to the City, stating the date that such construction will be commenced. The construction of the District's 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 of a 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 Pearland. 979580_1.DOC Exhibit "A" Ordinance No. 1094 PETITION FOR CONSENT TO ANNEX LAND INTO BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 17 THE STATE OF TEXAS COUNTY OF BRAZORIA 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. 17 (the "District"), and Oakbrook Estates, Ltd. (the "Petitioner"), acting pursuant to the provisions of Chapter 49, Texas Water Code, particularly Sections 49.301(a)-49.301(f), respectfully petition the City Council of the City of Pearland, Texas, for its written consent to the annexation by the District of the tract of land described by metes and bounds in Exhibit "A" (the "Land"). In support of this petition, the undersigned would show the following: The District was created on May 21, 1999, and is governed by the provisions of Chapters 49 and 54, Texas Water Code, as amended. The Petitioner holds fee simple title to the Land sought to be annexed to the District, as indicated by the certificate of ownership provided by the Brazoria County Appraisal District. The Land is situated wholly within Brazoria County, Texas. No part of the Land is within the limits of any incorporated city, town or village, and no part of the Land is within the corporate boundaries (as such term is defined in Texas Local Government Code Section 42.001 et se.�., as amended) of any city, town or village except the City of Pearland, Texas. All of the territory proposed to be annexed may properly be annexed into the District. 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 work to be done in the area sought to be annexed into the District is the construction, 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 District, which will be developed for residential and/or commercial 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 1033977_1.DOC 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 District, to provide for the purchase, construction, extension, improvement, maintenance and operation of such waterworks and sanitary sewer system and such drainage and storm sewer system, so as to promote the purity and sanitary condition of the State's waters and the public health and welfare of the community. VII. The Petitioner certifies that there are no Iienholders on the Land. VIII. The District agrees and hereby covenants that if the requested consent to the annexation of the Land to the District is given, the District will adopt and abide by the conditions set forth in Exhibit "B," attached hereto and incorporated herein for all purposes. IX. The undersigned estimate, from such information as they have at this time, that the cost of constructing the District's facilities to serve the Land sought to be annexed is $998,750 and that the cost of constructing the District's facilities to serve the Land sought to be annexed will not exceed the current bonded authorization limit of the District. WHEREFORE, the undersigned respectfully pray that this petition be heard and granted in all respects and that the City of Pearland, Texas, give its written consent to the annexation of the Land into the District. 1033977_1.DOC [EXECUTION PAGES FOLLOW] 2- RESPECTFULLY SUBMITTED this 5th day of November, 2002. ATTEST: A Tiffiny LLC$ollett U' Secretary, Board of Directors COUNTY OF HARRIS BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 17 Francis J. Scarr President, Board of'rectors This instrument was acknowledged before me on this 5th day of November, 2002, by Francis J. Scarr as President, and Tiffiny L. Collett as Secretary, of the Board of Directors of Brazoria County Municipal Utility District No. 17, a political subdivision of the State of Texas, on behalf of said political subdivision. „SAN PROSPERE _f 7exas ExDrss (NOTARY'SEAL)- 15 2003 otAiL Notary Public, State of Texas 1033977_1.DOC 3 ATTEST: By: ( Name: ! It OAKBROOK ESTATES, LTD, a Texas limited partnership By: Greatmark International, Inc., a Texas corporation, its sole general partner By: Name: C_'--F 1^/d -t) Title: Title: i~C f E I PP THE STATE OF TEXAS COUNTY This instrument was acknowledged before me on this 5th day of November, 2002, by ti'`7D.�; P. Pti ) as fof Greatmark International, Inc., a Texas corporation and sole general partner of Oakbrook Estates, Ltd., a Texas limited partnership, on behalf of said corporation and limited partnership. (NOTAR .'50v `� '�- KELLY D. REANS MY COMMISSION EXPIRES January 16, 2006 1 1033977 1.DOC 4 EXHIBIT A GerArn e' rexA5 5UIYV YING METES AND BOUNDS DESCRIPTION 19.2281 ACRES OF LAND W. D. C. HALL LEAGUE, ABSTRACT 70 BRAZORIA COUNTY, TEXAS BEING 19.2281 acres of a 191.1139 acre tract of land situated in the W. D. C. Hall League, Abstract 70, Brazoria County, Texas, said 19.2281 acres being pan of Lots 18, 19, 20, 21 and 22 of the S. W. Narregang Subdivision as recorded in Volume 1, Page 92 of the Brazoria County Map Records; said 19.2281 acre tract being more particularly described by metes and bounds es follows: COMMENCING at a 5/8-inch iron rod found at the west corner of said 191.1139 acre tract, same being the south corner of Shadycrest Subdivision, a subdivision recorded in Volume 8, Page 95 of the Map Records of Brazoria County; Thence North 44°48'39* East, along and with the southeast Tine of said Shadycrest Subdivision end the northwest line of said 191.1139 acre tract, a distance of 526.79 feet to a 5/8-Inch Iron rod set at the west corner and POINT OF BEGINNING of the herein described tract; THENCE NORTH 44°48'39" East, continuing along and with the southeast line of said Shadycrest Subdivision and the northwest line of said 191.1139 acre tract, a distance of 1866.42 feet to a 6/8- inch iron rod set at the north corner of the herein described tract; THENCE crossing said 191.1139 acre tract along end with the following five (5) courses: SOUTH 45°00'30" East a distance of 292.00 feet to a 5/8-Inch iron rod set; SOUTH 44°59'30" West a distance of 1696.33 feet to a 5/8-inch iron rod set; SOUTH 45°01'24" East a distance of 1175.33 feet to a 5/8-inch Iron rod set; • SOUTH 72°49'29' West a distance of 305.36 feet to a 5/8-inch iron rod set; NORTH 45°01'24" West a distance of 1318.87 feet returning to the PLACE OF BEGINNING and containing 19.2281 acres of land. 2823-03-21-z00t.M&B EXHIBIT "B" (a) The City of Pearland, Texas (the "City"), by execution of its City Manager, 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 sewage treatment services to the District (the "Utility Agreement"). The District shall assume all the rights, obligations, and interests of the developers under the Utility Agreement, as set forth 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 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 bome by such bonds, will not exceed two percent (2%) above the highest average interest rate reported by the Daily Bond Buyer in its weekly "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 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 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 District 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 District, the District or its engineer will give written notice by registered or certified mail to the City, stating the date that such construction will be commenced. The construction of the District's 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 of a 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 Pearland. 1033977_1.DOC -6- CERTIFICATE THE STATE OF TEXAS § COUNTY OF BRAZORIA § I, the undersigned Secretary of the Board of Directors of Brazoria County Municipal Utility District No. 17, do hereby certify that the attached and foregoing is a true and correct copy of the Petition For Consent To Annex Land Into Brazoria County Municipal Utility District No. 17 that was filed with the Board of Directors of the District on November 5, 2002. WITNESS MY HAND AND SEAL OF SAID DISTRICT this 5th day of November, 2002. 1033977_1.DOC -5 Tiffiny L( ollett Secretary, Board of Directors Vinson&Elk ns ATTORNEYS AT IAW January 17, 2003 VIA MESSENGER Mr. Darrin Coker City Attorney City of Pearland 3519 Liberty Drive Pearland, Texas 77581 Re: Brazoria County Municipal Utility District No. 17 (the "District") Dear Darrin: VINSON & ELKINS L.L.P. 2300 FIRST CITY TOWER 1001 FANNIN STREET HOUSTON, TEXAS 77002-6760 TELEPHONE (713) 758-2222 FAX (713) 758-2346 www.velaw.com Susan Pmspere Direct Dia1713-758-2812 Direct Fax 713-615-5824 sprospere@vetawcom Enclosed please find the following documents in connection with the annexation of 48.2221- acre, 19.2281-acre, and 39.9293-acre tracts of land into above referenced District: (1) City of Pearland In -City Data Form, including the Existing Subdivisions Form, Proposed Subdivisions Form, Existing Non -Residential Businesses Form, Proposed Non -Residential Businesses Form, and Anticipated Future Annexations Form; (2) Vicinity map of the City; (3) Detailed map of the tracts proposed for annexation, including 31/2" floppy disk; and (4) Petitions for Consent to Annex Land into the District for each of the tracts (one original and eleven copies of each). Enclosed also is a telefacsimile of the executed In -City MUD Application Checklist. We will forward the orginal to your office on Tuesday, January 21, 2003. Should you have any questions, please feel free to call me. Sincerely, Susan Prospere Legal Assistant Enclosures AUSTIN • BEIJING • DALLAS • HOUSTON • LONDON • MOSCOW • NEW YORK • SINGAPORE • WASHINGTON, D.C. 1092458_1.DOC City of Pearland In -City MUD Application Checklist Brazoria County Municipal Utility District No. 17 Date: January 17, 2003 Attach this sheet as a cover to the completed information and check each box. 2 ully completed City of Pearland In -City MUD Data Form. L:1Existing Subdivisions Form. TProposed Subdivisions Form. La -Existing Non -Residential Businesses Form. 21ziP - roposed Non -Residential Businesses Form. nticipated Future Annexations Form. L:1 Vicinity map of the entire City on a 24 x 36 sheet clearly 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 each existing MUD tract and ch proposed tract to be annexed. �:1 Detailed map of each tract (1 "=200' scale) —12 copies, and an AutoCAD drawing Zile (.DWG) on CD or 3-1/2" floppy disk (Texas State Plane South Central NAD 83). Fully completed and signed annexation petitions with metes and bounds boundary descriptions for all tracts —12 copies. Consent by the City of Pearland for in -city MUD creations and annexations into existing in - city MUDS is not final until the adoption on second reading of the creation/annexation ordinance. The annexation/creation ordinance will only be considered simultaneously with the first and second readings of the zoning ordinance, if required, for the property under consideration. The applicant is advised to examine the schedule requirements for the zoning process to ensure timely consideration of this application. Due to changes in market conditions and other variables, neither the MUD nor the developer(s) guarantee any of the projections or estimates provided in this Application. [Execution page follows] 1091907_1.DOC Developer (as to his/her tract(s) only): Oakbrook Estates, Ltd., a Texas limited partnershi By: Greatmark International, Inc., a Texas corporation, its general partner By: Clinton F. Wong President Developer (as to his/her tract(s) only): West Little York 62 Ac., 1 a Texas limited partnershi By: Amvest Corporation, a Texas corporation, its general partner By: Clinton F. Wong President Developer (as to his/her tract(s) only): Sunlake Limited, a Texas limited partnersh. By: Amerfirst Corporation, a Texas corporation, its general partner By: Clinton F. Wong President 1091907_1.DOC City of Pearland In -City MUD Data Form Brazoria County MUD No. 17 Date: January 31, 2003 General Information Existing MUD Proposed Tract(s) 1 Zoning Classification (also show on map) R-2,R-3, R-4 R-1,R-2,R-2 PUD C, SD, M-1, GB 2 Projected Date of Completion of All Homes/Businesses Jan-06 Jan-07 Area Existing MUD Proposed Tracts) Total 3 Total Acreage 587.666 107.3795 695.0455 4 Currently Platted Residential Acreage (including road rights of way) 276.4715 0 276.4715 5 Currently Platted Commercial Acreage (including road rights of way) 11.529 0 11.529 6 Currently Undeveloped Acreage 223.0681 100.6702 323.7383 7 Projected Undeveloped Acreage to be Platted Residential 137.3281 100.6702 237.9983 8 Projected Undeveloped Acreage to be Platted Commercial 85.74 0 85.74 9 Current and Projected Detention & Transmission Utility Easements (acres) 70.8473 4.7 75.5473 10 All Other Acreage (Landscaping Reserves, Parks, etc) 5.7501 2.0093 7.7594 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. Existing MUD Proposed Tract(s) Total 11 Total Existing and Planned Residential Lots 1474 355 1829 12 Number of Currently Completed/Occupied Homes 599 0 599 13 Number of Currently Completed Lots 248 0 248 14 Number of Lots Under Construction 201 0 201 15 Number of Future Lots 426 355 781 Note: Lines 12, 13, 14, and 15 should total to Line 11 Existing MUD Proposed Tract(s) Total 16 Most Recent BCAD Valuation (Date: January 1,2002) $ 91,895,250 $ 752,900 $ 92,648,150 17 Projected Total Valuation at Build Out Date $ 314,000,000 $ 64,000,000 $ 378,000,000 18 Projected Residential Valuation at Build Out $ 260,000,000 $ 64,000,000 $ 324,000,000 19 Projected Commercial Valuation at Build Out $ 54,000,000 $ - $ 54,000,000 20 Estimated Average Home Value (Date: January 1, 2002) $ 160,000 NA $ 160,000 21 Estimated Average Home Value - at Build Out $ 175,000 $ 180,000 $ 177,500 Note: Lines 18 and 19 should total to Line 17 Existing MUD Proposed Tract(s) Total 22 Pre -Development General Fund Taxes @$.$686/100 (Exist-1999 & 20012/Prop 2002) $ 37,456 $ 5,165 $ 42,621 23 Most Recent Year City Property Taxes @ $.686/$100 (2002) $ 630,401 $ 5,165 $ 635,566 24 Projected City Property Taxes @ $.686/$100 at Build Out $ 2,154,040 $ 439,040 $ 2,593,080 25 Most Recent Year MUD Rebate Amount (Based on Jan 2002 Values) $ 137,843 $ - $ 137,843 26 Projected MUD Rebate Amount at Build Out $ 471,000 $ 96,000 $ 567,000 Existing MUD Proposed Tract(s) Total 27 Approx. Net Density at Build Out- Homes/Acre (Line 11/(3-9)) $ 3.25 $ 3.46 $ 3.35 28 Net Annual Revenue to City - Current Estimate (Line 23-25-22) $ 455,102.54 $ - $ 455,102.54 29 Net Annual Revenue to City - Build Out Estimate (Line 24-26-22) $ 1,645,584.00 $ 337,875.11 $ 1,983,459.11 January 31, 2003 City of Pearland In -City MUD Data Form Brazoria County MUD #17 Date: January 31, 2003 Existing Subdivisions Within Existing MUD Subdivision Name Area (Acres) Projected Lots Percent Complete Tract 1 a. Sunrise Lake Section One 60.4391 145 100% b. Sunrise Lake Section Two (platted 31.08 Ac. Only 26.75 in District) 31.08 111 100% c. Sunrise Lake Section Three 19 71 100% Tract 6 d. Sunrise Lake Section Four 34.94 142 100 e. Sunrise Lake Section Five ( Under Paving & Utility Construction) 33.64 100 90 f. Sunrise Lake Section Six (Future) 19.41 46 0 Tract 8 d. Sunrise Lake Section Seven (Future) 10 35 0 Tract 2 Parks at Walnut Bend Section One 59.32 133 100 Parks at Walnut Bend Section Two (Future) 26.41 90 0 Tract 3 River Mist Section One 38.51 122 100 River Mist Section Two 28.12 123 100 Tract 9 Enclave at Pearland (Under Final design, Construction to begin Feb 2003) 56.91 165 0 Tract 10 Oakbrook Estates Section 5 (Under pay & Util Construction) 33.64 101 50 OakBrook Estates Section 6 (Future) 23.27 90 Total 451.4191 1474 January 31, 2003 City of Pearland In -City MUD Data Form Brazoria County MUD # 17 Date: January 31, 2003 Proposed Subdivisions Within Annexation Request Subdivision Name Area (Acres) Projected Lots Percent Complete Tract 12 O'Day Road Tract (Unknown Name Subdivision) 39.9293 135 0 Tract 13 John Lizer Road Tract (Unknown Name Subdivision) 48.2221 160 0 Tract 14 Oakbrook Estates Subdivision (Future Sections) 19.2281 60 0 Total 107.3795 355 January 31, 2003 City of Pearland In -City MUD Data Form Brazoria County MUD #17 Date: January 31, 2003 Existing Non -Residential Businesses Within Existing MUD Business Name WC Properties Commercial (11.5294 Acres) Tract 1 Matrix Manufacturing (4.9902 Acres) Tract 5 AABC Concrete (23.5326 Acres) Tract 4 Type of Business Office Warehouse Light Manufacturing Concrete Plant/Equipment Lease January 31, 2003 City of Pearland In -City MUD Data Form BRAZORIA COUNTY MUD # 17 Date: January 31, 2003 Proposed Non -Residential Businesses Within Annexation Request Business Name Type of Business All tracts considered Residental in this request. No Non -Residential. N/A January31, 2003 City of Pearland In -City MUD Data Form Brazoria County MUD # 17 Date: January 31, 2003 Anticipated Future Annexation Requests General Tract Description Area (Acres) Projected Lots Not Known at this time January 31, 2003 Vinson&Elk •ig1a ATTORNEYS ATLAW July 11, 2003 Mr. Darren Coker City Attorney City of Pearland 3519 Liberty Drive Pearland, Texas 77581 VINSON & ELKINS L.L.P. 2300 FIRST QTY TOWER 1001 FANNIN STREET HOUSTON, TEXAS 77002-6760 TELEPHONE (713) 758-2222 FAX (713) 758-2346 www.velaw.com Susan Prospere Direct Dial 713-758-2812 Direct Fax 713-615-5824 sprosperec@velawcom Re: Brazoria County Municipal Utility District No. 17 (the "District') Dear Darren: Enclosed is a fully executed Development Agreement by and between the City of Pearland, D.R. Horton —Texas, Ltd., and the District, dated May 6, 2003. Please let me know if I can be of further assistance. Susan Prospere Legal Assistant Enclosure AUSTIN • BEIJING • DALLAS • HOUSTON • LONDON • MOSCOW • NEW YORK • SINGAPORE • WASHINGTON, D.C. 1290215_1.DOC DEVELOPMENT AGREEMENT This Agreement is entered into this 6th day of May, 2003, by and between the CITY OF PEARLAND, TEXAS, (hereinafter "City"), D. R. Horton — Texas, LTD., a Texas limited partnership (hereinafter "Developer") and Brazoria County Municipal Utility District No. 17 (hereinafter "MUD"). WHEREAS, the City consented to the creation of MUD; and WHEREAS, the City plans to construct a 12" water distribution line (the "Water Line") from the west line of F.M. 1128 easterly along the south line of Fite Rd. to connect to an existing water line at the intersection of Fite Rd. and Piper Rd. in order to serve a 56.91- acre tract (the `Tract") within the MUD and areas outside the MUD; WHEREAS, the parties hereto seek to apportion the costs of construction of the Water Line. WITNESSETH: NOW THEREFORE, in consideration of the foregoing premises and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, it is hereby agreed as follows: 1. The City has or will award a contract to construct the Water Line. The cost of construction of the Water Line is estimated to be approximately $53,000.00. Prior to City approval of the plans and specifications of the water, sewer and drainage facilities to serve Evermoor Lake Section 1, the Developer shall pay the City 50% (estimated at $26,500.00) of the construction costs of the Water Line. 2. Pursuant to the Utility Agreement dated August 10, 1998, between the City and the MUD, the City shall provide the MUD with all capacity needed by the MUD in the Water Line in order to serve the Tract, and the City shall own, operate and maintain the Water Line at the City's sole expense. 3. This agreement may only be amended, modified, or supplemented by written agreement and signed by both parties. 4. No assignment by a party hereto of any rights under or interests in this agreement will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under this agreement. 5. Whenever possible, each provision of this agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this agreement is prohibitive or invalid under applicable law, such provision shall be ineffective to the extent of such provision or invalidity, without invalidating the remainder of such provision or the remaining provisions of this agreement. 6. This agreement shall be construed and enforced in accordance with and governed by the laws of the State of Texas. 7. This agreement and all obligations created hereunder shall be performable in Brazoria County, Texas. 8. This agreement is solely for the benefit of the City, Developer, and MUD and no other party is intended to be a beneficiary hereof. 9. To accomplish execution of this agreement, it may be executed in multiple counterparts. 10. DEVELOPER HEREBY RELEASES, ACQUITS, AND FOREVER DISCHARGES THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL CLAIMS, DEMANDS, RIGHTS OR CAUSES OF ACTION OF WHATSOEVER CHARACTER OR NATURE, INCLUDING ATTORNEYS' FEES, ARISING FROM OR BY REASON OF ANY AND ALL BODILY OR PERSONAL INJURIES, INCLUDING DEATH AND MENTAL ANGUISH, DAMAGE TO PROPERTY AND THE CONSEQUENCES THEREOF WHICH MAY BE SUSTAINED BY DEVELOPER, ITS HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, OR ASSIGNS AS A RESULT OF THE CONSTRUCTION BY CITY OF THE IMPROVEMENTS REFERENCED ABOVE, UNLESS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENE OF THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, OR ASSIGNS. DEVELOPER SHALL KEEP AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL COSTS, LIABILITY, DAMAGE OR EXPENSE OF ANY NATURE AND HOWSOEVER CAUSED, INCLUDING ATTORNEYS' FEES, CLAIMED OR RECOVERED BY ANYONE BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR PERSONS OR DAMAGE TO OR DESTRUCTION OF PROPERTY CAUSED BY OR RESULTING FROM THE NEGLIGENCE OF DEVELOPER, ITS AGENTS, EMPLOYEES, SUCCESSORS, OR ASSIGNS ARISING IN CONNECTION WITH SUCH CONSTRUCTION BY CITY. THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE TERMINATION, EXPIRATION, OR CANCELLATION OF THIS AGREEMENT. [EXECUTION PAGES FOLLOW] 1185698_2.DOC 2 In witness whereof, the parties have hereunto set their hands and signatures on the date first above mentioned. ATTEST: By: j, ,. /A //.,'L N.e: Y., g Lorf g Tie: City Secretary CITY OF PEARLAND, A Texas municipal corporation By: Name: Bill Eisen Title: Ci ty Manager 1185698_2.DOC 3 D. R. HORTON-TEXAS, LTD., a Texas limited partnership By its sole General Partner: MEADOWS I, LTD., a Delaware corporation By: Name: / Title: ATTEST: By: Likal dca Name: m�kr a. (Aka Title: W Le.Auf. c 1kor rest ent 1185698_2.DOC 4 BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 17 By: Name: Title: ATTEST: 'S PA` Lei? AZ` : (SEAL)`% o 0 ; <`e IA 0 1�e G e= /9/1.-6-51 p 1185698_1.DOC 5