R98-61 10-26-98RESOLUTION NO. R98-61
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY
MUNICIPAL UTILITY DISTRICT NO. 3 OF A 172.28 ACRE TRACT
LOCATED IN BRAZORIA COUNTY, TEXAS.
WHEREAS, Brazoria County Municipal Utility District No. 3 ("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 54.01 6, 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 172.28 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. R98-61
Section 2. The "Petition for Consent to Include Additional Land in Brazoria
County Municipal Utility District No. 3" 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 c~(~~c~ day of C)C~o~l-" ,
A. D., 1998.
ATTEST:
"~~ ET~
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
2
TOM REID
MAYOR
(411111)
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 lands
within the District, Petitioners show as follows:
The name of the District is Brazoria County ;
Municipal Utility District No. 3, (hereinafter called
"District") .
II.
The area of land to be annexed in the District is
approximately 172 .28 acres, more or less, and lies (102 .890
acre tract and a 69.390 acre tract) 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 ha
�
consented to the annexation of these lands into the District.
A:\28\ANNEX\PETPEARL.BC3 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 as
Exhibit "A", attached hereto and made a part hereof for all
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 fluick,
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.BC3 2
(m) n
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 the
estimated cost of development for the annexed land is
$7, 100, 000 and the annexation will not significantly alter the
current debt service tax rate of the District.
A:\28\ANNEX\PETPEARL.BC3 3
(41111)
WHEREFORE, Petitioners respectfully 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 /y day of
, 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
1)34/7i/ // f
m P. Wilcox, Vice 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 .i DE Y HAND AND SEAL OF OFFICES on this the
/4/ day of 00 7' , 1998.
j/ietd-Z1) )/;22,Y1
,�,rli\, CHERIE L.SLOAN Notary Publ -State of Texas
_, r_ MY COMMISSION EXPIRES
FgR'JARY.B,2002 Printed Name:
Commission Expires: 0
A:\28\ANNEX\PETPEARL.BC3 4
J
DISTRICT APPROVAL
Brazoria County Municipal Utility District No. 3
hereby evidences its approval and joinder in said Petition and
agrees to comply with all valid City of Pearland requirements.
DATED (SF VI rOa
BRAZORIA COUNTY MUNICIPAL
UTILITY DISTRICT NO. 3
BY:
Mar - &pulveda, President
ATTEST:
Nanci Allen, Secretary
THE STATE OF TEXAS §
COUNTY OF BRAZORIA §
BEFORE ME, the undersigned autho ity n this day
personall appeared V plik\V€o , 1 and
of BRAZORIA
COUNTY MUNICIPAL UTILITY DISTRICT NO. 3, 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 UN ER Y HAND AND SEAL OF OFFICE on this the
day of FN'TT° , 1998.
'j=
t, NOTARY PUBLIC,STATE OF TE�TEXASNotary, Publ ' c -State of Texas
icy 4, &S V€ok j s o 1 EXP RE8
` ' ���, 9 Printed Name:
Commission Expires:
A:\28\ANNEX\PETPEARL.BC3 5
t
Brazoria County Municipal Utility A.C.H.& B. Co. Survey
District No. 3 •Abstract No. 415
102.890 Acre Annexation
STATE OF TEXAS S •
COUNTY OF BRAZORIA S
A METES AND BOUNDS description of a 102.890 acre of land located in the A.C.H.& B. Co.
Survey, Abstract No. 415, Brazoria County, Texas and being out of a called 1200.11394 acre
tract as described in Clerk's File No. 94-024772 of the Brazoria County Deed Recordss. Said
102.81 acre tract being more particularly described as follows. with bearings based on North
03° 15'14" East along the west right-of-way line of County Road 90 as described in said
1200.1804 acre tract:
COMMENCING at a 1-inch iron pipe found marking the most southwesterly comer of
Cambridge Cove at Silverlake as recorded in Volume 19, Pages 651 through 654 of the
Brazoria County Plat Records. Said point being located on can Gashe t fine of Companyounty R easemen�i20
90
and being located on the northeasterly line of a Pan Am
feet wide, Volume 978, Page a00);
THENCE, South 17°02'52" West. 120.58 feet to the beginning of a tangent curve to the left;
THENCE, 85.68 feet along the arc of said curve to the left having a radius of 1950.00 feet,
a central angle of 02°31'03", a long chord bearing South 15 47'38" West, 85.668 feet to the
POINT OF BEGINNING of the herein described tract:
THENCE, North 86°43'1S" East, 151.97 feet to a point marking intersection of existing
centerline of County Road 90 with the centerline of County Road 59 and being the northeast
corner of the A.C.H.& B. Co. Survey, Abstract No. 415;
THENCE. South 03°00'14" East, 2337.44 feet along the east line of said A.C.H.& B. Co.
Survey and centerline of County Road 90 to a point for corner;
THENCE. South 86'36'07" West, 1980.27 feet to a point for corner;
THENCE, North 03°00'15" West. 1019.52 feet to a point for corner;
THENCE. South 86°36'06" West, 659.79 feet to a point for corner:
•
THENCE, North 03°04'43" West. 1323.44 feet to a point for corner being located in the
centerline of aforementioned County Road 59. Said point also being located in the north line
of the A.C.H.& B. Co. Survey, Abstract No. 415;
THENCE. North 86°43'18" East. 332.72 feet along the centerline of said County Road 58 and
apoint for corner. Said point being located in the arc of a non-ra gent
line to P
8razoria County Municipal Utility A.C.H.& B. Co. Survey
No. 415
District No. 3
102.890 Acre Annexation
•
•
THENCE. 532.49 feet along the arc of said curve to the right hawing a radius of 1550.00 feet,
a central angle of 19°41'00", a long chord bearing South 68 45 56 East. 529.87 feet to
a point of tangency; •
THENCE, South 58°55'26" East, 706.43 feet to the beginning of a tangent curve to the left;
THENCE, 912.07 feet along the arc of said curve to the left having,a radius of 1450.010 feet,
a central angle of 36°02'24 a long chord bearing South 76 -5fi 36 East, 897.11 feet to
a point of tangency;
THENC
E, North 85°01'54" East. 28.09 feet to the beginning of a tangent curve to the left;
THENCE. 41.54 feet along the arc of said curve to the left having a radius of 25.00 feet, a
central angle of 95°11'11",a long chord bearing North 37 26'25" East, 36.92 feet to a point
of a reverse curve to the right; ,
THENCE, 551.33 feet along the arc of said curve to the right having a radius 845 Z3 fe1 t feet.
E g
a central angle of 23°47'38", along chord bearing North aforementioned County Road 59
point for corner. Said point being in the centerline o
and on the north line of the A.C.H.& B. Co. Survey, Abstract No. 415;
THENCE, North 86°43'18" East. 104.77 feet along the centerline of said County Road 59 and
said survey line to the
POINT OF BEGINNING, CONTAINING 102.890 acres of land in Brazoria
County, Texas.
•
September 11, 1997 .
Job No. 0446-197
suR nRu4Mam1 02E90.0
•
•
L•i
4
.I' i 9/
411Juire. iNIu. ..
• ;s69:390 Acre Annexation
STATE OF TEXAS
COUNTY OF BRAZORIA §
A METES AND BOUNDS description of a 69.390 acre tract of land located in the A.C.N.&B. Co.
Survey, A-415, Brazoria County. Texas and being a portion of a called 1200.1804 arse tract
L.P. Special Warranty Deed as recorded in Clerk's Fie Number
conveyed to New Sauihwydc, by p
94-024772 of the Brazoria County Deed Recant: said 69.390 acre tract being more particularly
described as follows with all bearings being based on said 1200.1804 acre tract
BEGINNING at a point marking the centerline intersection of County Road 101 and County Road
90, said point also being in the south One of said 1200.1304 acre tract
THENCE, along the boundary rine of said 1200.1304 acre tract the following six (6) courses and
districts:
1. South 03°09'01" East. 243.60 feet to a point for comer.
2. South 86°46'03"West. 656.11 feet to a point for comer.
•
3. South 03°09'40w East. 651.87 feet to a point for comer.
4. South 86°46'03"West, 1,937.58 feet to a point for comer,
5. - North 03°00'14"West. 1,305.93 feet to a point for comer.
6. North 86°46'03" East. 2,640.99 feet to a point for corner in the cenieriine of
aforementioned County Road 90;
THENCE. South 03°02'46" East, 419.45 feet along the centerline of said County Road SO to the
POINT OF BEGINNING, CONTAINING 69.390 acres of land in 8razoria County, Texas.
Seatenaeer 10.997