R98-60 10-26-98RESOLUTION NO. R98-60
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY
MUNICIPAL UTILITY DISTRICT NO. 2 OF A 23.524 ACRE TRACT
LOCATED IN BRAZORIA COUNTY, TEXAS.
WHEREAS, Brazoria County Municipal Utility District No. 2 ("District") is located
within the extraterritorial jurisdiction of the City of Pearland, Texas ("City"); and
WHEREAS, the City consented to the creation of the District by Resolution
No. R80-5, dated June 28, 1980; 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 the City grants its
written consent, by resolution or ordinance, to the inclusion of the land within a
district; and
WHEREAS, the District proposes improvements to facilitate the proposed
development of land within the 23.524 acre tract located west of County Road 90 and
south of County Road 59 in Brazoria County, Texas; and
WHEREAS, the City wishes to reserve all of its rights and powers to annex the
entirety of the District irrespective of portions of the District lying within the City of
Manvel's extraterritorial jurisdiction; 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.
RESOLUTION NO. R98-60
Section 2. The "Petition for Consent to Include Additional Land in Brazoria
County Municipal Utility District No. 2" is 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 the Property into the District conditioned
upon the terms set forth in Resolution No. R80-5 and Chapter 30, Article IV,
Water and Sewer Districts, of the City of Pearland Code of Ordinances.
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, APPROVED and ADOPTED this the ~ZG~--~k day of bC'jF0~zV~ ,
A. D., 1998.
ATTEST:
~~'UYNSGE RETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
2
PETITION FOR CONSENT TO ANNEX
LAND IN A MUNICIPAL UTILITY DISTRICT
TO THE HONORABLE MAYOR AND CITY COUNCIL
OF THE CITY OF PEARLAND:
The undersigned, hereinafter called "Petitioners",
being the sole owner of title of the land hereinafter
described, as such values are indicated by the tax rolls of
Brazoria County, Texas, acting pursuant to the provisions of
Section 54.016, Texas Water Code, as amended, respectfully
petition for the consent to annex land in a municipal utili '
district, hereinafter called "District", within the terms and
provisions of Section 59, Article 16, Constitution of Texas.
In support of this petition for consent to include said lan s
within the District, Petitioners show as follows:
I.
The name of the District is Brazoria County
Municipal Utility District No. 2, (hereinafter calJd
"District") .
II.
The area of land to be annexed in the District is
approximately 23 .524 acres, more or less, and lies wholly
within Brazoria County, Texas. All of said area is within the
extraterritorial jurisdiction of the City of Manvel, Texas.
The City of Manvel has by Resolution adopted July 30, 1998 has
consented to the annexation of these lands into the District.
A:\28\ANNEX\PETPEARL.BC2 1
III.
As a result of the City of Manvel 's consent and the
subsequent annexation of the land into the District, the City
of Pearland, under current law, may have the right to annex
the District in its entirety.
Petitioner believes that the City of Pearland's
consent to the addition of the lands may also be required.
IV.
The land, described by metes and bounds sought to be
included within the area of the District is attached s
Exhibit "A", attached hereto and made a part hereof for a 1
purposes.
V.
District is organized for the purposes of and the
general nature of the work proposed to be done shall be the
purchase, construction, acquisition, repair, extension, and
improvement of land, easements, works, improvements,
facilities, plants, equipment, and appliances necessary to:
(1) provide a water supply for municipal uses, domestic
uses, and commercial purposes;
(2) collect, transport, process, dispose of, and control
all domestic, industrial, or communal wastes whether in fluid,
solid, or composite state; and
(3) gather, conduct, divert, and control local storm
water or other local harmful excesses of water in the District
A:\28\ANNEX\PETPEARL.BC2 2
and the payment of organization expenses, operational expenses
during construction, and interest during construction.
VI.
Petitioners would show that all of the area to be
annexed is owned by New Southwyck, L.P. The annexation would
facilitate the proposed development of the land and would be
a benefit to the District and to the lands to be annexed into
the District.
VII.
A public necessity exists for the annexation of said
lands into the District in order to provide adequate water,
sewer, and drainage facilities for future inhabitants of this
area which is in close proximity to existing facilities and
residents of the District. The public health, safety, and
welfare would be served by this annexation of lands into the
District.
Petitioners request consent for the annexation of
all or any portion of the aforesaid lands into the District
upon such terms and conditions as may legally be imposed by
the consenting Cities.
It is now estimated by those filing this Petition,
from such information as they have at this time, that tie
estimated cost of development for the annexed land is $720,0130
and the annexation will not significantly alter the current
debt service tax rate of the District.
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WHERE?..,RE, Petitioners respectful pray that this
Petition be granted in all respects and that the City of
Pearland give its written consent to the annexation of the
aforesaid land in said District. ��,,����
DATED at Brazoria County, Texas, this c day of
5F40- X T 1llP` , 1998.
NEW SOUTHWYCK, L.P. ,
A Delaware limited partnership
d/b/a SILVERLAKE DEVELOPMENT
COMPANY
BY: Southwyck Joint Venture
its General Partner
BY: The Johnson Development
Limited Partnership,
a Delaware limited partnership,
Venturer
BY: The Johnson Development
Corp., its general
partner
om P. Wilcox, Vic President
THE STATE OF TEXAS §
COUNTY OF BRAZORIA §
BEFORE ME, the undersigned authority, on this day
personally appeared TOM P. WILCOX, Vice President of The
Johnson Development Corp. on behalf of NEW SOUTHWYCK, L.P.
known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that he executed
the same for the purposes and consideration therein expressed,
and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICES on this the
day of .c5E & , 1998 .
..�;.r:.rvarev:f's'guts:W-=a�e:�:✓....:+u:'�'.cr`tiw:"�Cs,9`�� �4- �/\/
f 1= < VANE�J. MOD
NOTARY Lte.STATE OF'TEXAS k `!1.J�J, `
;.� = ONE Notary Publi tate of Te as
t.Yo 14# APRIL 13, 1998
a .rr Printed Name:
Commission Expires:
A:\28\ANNEX\PETPEARL.BC2 4
DISTRICT APPROVAL
Brazoria County Municipal Utility District No. 2
hereby evidences its approval and joinder in said Petition and
agrees to comply with all valid City of Pearland requirements.
DATED March 5, 1998
BRAZORIA COUNTY MUNICIPAL
UTILITY DISTRICT NO. 2
BY:
------
Sandy esi nt
ATTEST:
4, //u1.-a
Kevin Wilson, Secretary
THE STATE OF TEXAS §
COUNTY OF BRAZORIA §
BEFORE ME, the undersigned authority, on this day
personally appeared SANDY GINGLES, President and KEVIN WILSON,
Secretary of BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 2,
known to me to be the persons whose names are subscribed to
the foregoing instrument, and acknowledged to me that they
executed the same for the purposes and consideration therein
expressed, and in the capacities therein stated.
GIVEN UNDER Y HAND AND SEAL OF OFFICE on this the
3 day of ,SEIft , 1998.
--v'ta.z-d-YS�jF.�':l ":_,,.•.i^.. SST.�.:G6:.d:.3"e+.''+^'lr%.,,, ram,,--,\ 1r am. �1 �s� s e,.4 VA E J.WO Nota y Puli State of exa�
- , ,,,ts,-,„ NOTARY PUBLIC,STATE OF TEXAS 1
:o kw CIX'�-'.`.."-SON EXPIRES
APRIL 13 1999 Printed Name:
�,-�- �,,., �, ,,-,� � Commission Expires:
A:\28\ANNEX\PETPEARL.BC2 5
STATE OF TEXAS §
COUNTY OF BRAZORIA §
A METES AND BOUNDS description of a 23.524 acre of land located in the A.C.H.&B. Co.
Survey, Abstra
ct No. 415, Brazoria County, Texas and being out of a called 1200.1804 acre
tract as described in Clerk's File No. 94 024772 of the Brazoria County Deed Records. Said
23.93 acre tract being more particularly described as follows:
COMMENCING at a point marking the intersection of the centerline of County Road 59 with
the west fine of a called 56.8356 acre tract(Traci 'B )as recorded under said Clerk's File N .94-024772 in the Brazoria County Deed Records. Said point also being located in the north •
line of said A.C.H.& B. Co. Survey, Abstract No. 415:
THENCE,
North 86°43'1 B" East, 332.72 feet along the centerline of said County Road 59 to
the POINT OF BEGINNING;
THENCE. North 86°43'18" East►2052.31 feet continuing along the centerline of said County
Road 59 to a point for corner, beginning of a non-tangent curve to the left
THENCE, 851.33 feet along the arc of said curve to the left having a radius of 2050.000 feet feet,
t,
a central angle of 23°47'38", a long chord bearing South 01 44 23 West,
the beginning of a tangent curve to the right;
THENCE, 41.54 feet along the arc of said curve to the right having a radius of 25.00 feet, a
central angle of 95°11'11", a long chord bearing South 37 26'25" West, 35.92 feet to a
point of tangency;
THENCE, South 85°01'54"West.28.09 feetto the beginning of a tangent curve to the right;
THENCE, 912.08 feet along the arc of said curve to the right having a radius of 1450.00 feet,
a central angle of 36°02'24", a long chard bearing North 76°56'36 West, 897.11 feet TO
a point for comer,
•
THENCE.
North 58°55'26"West,706.43 feetto the beginning of a tangent curve to the left;
THENCE, 532.49 feet along the arc of said curve to the left having a radius of 1550.0 feet,
t 529.87 feet to
a central angle of 19°41'00', a long chord bearing North 68 4� Brazoria 56W County, Texas.
the POINT OF BEGINNING, CONTAINING 23.524 acres of land
•
June4, 1997
':;"-Job No. 0440-197 � • • .;C: .r