HomeMy WebLinkAboutR98-61 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 PAUL A. PHILBIN & ASSOC., P.C. PAUL A PHILBIN Attorneys at Law 6363 Woodway • Ste. 725 • Houston, Texas 77057-1792 (713)783-4120 • FAX (713) 783-8812 May 18, 1998 Ms. Pat Jones, City Secretary City of Pearland P. O. Box 2068 Pearland, TX 77573 Dear Ms. Jones: RE: Brazoria County Municipal Utility Districts No. 2 & No. 3 City's Consent to Add Land Enclosed for filing with the City are two separate Petitions for the City's consent to add land into the subject Districts. As your records will indicate, both Districts had submitted Petitions for Consent to add land into their respective Districts. At that time, there was recently passed legislation regarding "strategic partnership agreements" . By mutual agreement, those Petitions were withdrawn pending the City and the Districts ' investigation of the new legislation and a possible strategic partnership agreement. The City and District representatives have done that and we believe the ground work for such an agreement is in place. Accordingly, we are resubmitting the Petitions for City consent and would note that the Petitions have been modified to address the fact that it appears that both the City of Pearland and the City of Manvel have strip annexations in the area of the lands proposed to be added to the Districts. By copy of this letter, we will provide copies of the Petitions to Mr. Grohman, Ms. McCullough and Mr. Mueller. Very truly yours, C—PC1,4 P\VbCri\AI0 Paul A. Philbin i Attorney for Districts vjw encs. cc Mr. Paul Grohman, City Manager Ms. Amy McCullough, City Attorney Mr. Alan Mueller A:\26\ltIIER\JunESYtA.B23 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 utility 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: I. 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 may be within the extraterritorial jurisdiction of the City of Pearland, Texas or the City of Manvel , Texas or there may be overlapping extra-territorial jurisdiction. A:\28\ANNEX\PETPEARL.BC3 1 III. 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. Iv. 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 and the payment of organization expenses, operational expenses during construction, and interest during construction. V. 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. A:\28\ANNEX\PETPEARL.BC3 2 VI. 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. VII. The area proposed to be annexed or added into the District contains an area which includes a strip annexation (10 foot Manvel strip) and is adjacent to another strip annexation (100 foot Pearland strip) . The 100 foot strip was annexed by the City of Pearland and is currently located within the MUD boundaries. The 10 foot strip was annexed by the City of Manvel and is outside the District ' s current boundaries but is in the area proposed for annexation. Both strips are described by metes and bounds in Exhibit "B" and A:\28\ANNEX\PETPEARL.BC3 3 shown on the map marked Exhibit "C" . The legal description of the strips is segmented and each segment is numerically labelled 1 through 6 on both Exhibit "B" and "C" . Petitioner proposes to submit similar Petitions for consent to annex lands to both the City of Pearland and the City of Manvel. The Petitioner and the District, who joins in and approves this Petition, are seeking the consent to add this land to the District from both Cities because of the overlapping claims that may exist regarding the extra-territorial jurisdiction over the lands proposed to be added to the District. Petitioner seeks, in addition to the City' s consent to add the land to the District, the City's approval of an agreement regarding the taxation of future improvements located on or over the strip annexation. In order to avoid overlapping and multiple taxation on future improvements and to avoid a complicated proration of values attributable to each jurisdiction, Petitioner respectfully requests that the City agree, in its Consent Resolution or Ordinance, that, as between the City and the District, the District shall be the only governmental entity to tax future improvements located on or over the City' s strip annexation. Nothing contained herein or in the agreement regarding taxation of future improvements shall be construed as affecting in any way the legality of the strip annexations or the extra-territorial jurisdiction of the City. Upon the annexation and dissolution of the District or upon the payment of all its outstanding bonds, the agreement A:\28\ANNEX\PETPEARL.BC3 4 regarding the taxation of future improvements shall become null and void. The City may, at its option, tax the strip annexation lands at its 1998 raw land value and the City and the District will agree to cooperate on any ancillary proceedings or agreements necessary to effectuate the intent of the agreement regarding the future taxation of improvements. 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 and that the City include in said consent, its approval of the agreement regarding the future taxation of improvements located on or over the aforementioned strip annexations. DATED at Brazoria County, Texas, this:. � day of VCV\C\r\ , 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 rtner B : !%//� m P. Wilcox, Vice P esident A:\28\ANNEX\PETPEARL.BC3 5 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 UNDERMY HAND AND SEAL OF OFFICES on this the day of ( , 1998 . (;-- ;Y-Dg\ )Ct- ' "' rot,r Publ 'c -State of Texas 174,"' V�SSAr. v " * "Or s Printed Name:' MY COARMSOION WIRES x \ T AtPRtt. 13, 1999 .- ., .R•- .`"" ,,..,. Commission Expires: A:\28\ANNEX\PETPEARL.BC3 6 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 ch (Gfl BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 3 BY: Mark epulveda, President ATTEST: HZ6 --6?1, Nanci Allen, Secretary THE STATE OF TEXAS § COUNTY OF BRAZORIA § BEFORE ME, the unders gned aut ity, n this day personall appeared . and CON � , o BRAZORIA UNTY MUNICIPAL UTILITY DISTRICT NO. 3, nown to me to be the persons whose names are subscribed / to the foregoing 9 9 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 MY HAND AND SEAL OF OFFICE on this the 011- day ofWw,\A1 1998. .-2..00Cotogg,4145064~6A64.*Wq04,v,40WAX.0" k))0f=t-, VANESSA J 1MOOD Kota Publ c- State of T xas fiy ..ri` NOTARY PUSUC,STATE OF TEXAS MY COMMISSION EXPIRES Printed Name: 01 A.PRiL13, 1999 Commission Expires: A:\28\ANNEX\PETPEARL.BC3 7 Brazoria County Municipal Utility A.C.H.& B. Co. Survey District No. 3 Abstract No. 415 102.890 Acre Annexation STATE OF TEXAS COUNTY OF BRAZORIA § 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 1200.1804 acre tract as described in Clerk's File No. 94-024772 of the Brazoria County Deed Records. 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 corner 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 the east line of County Road 90 and being located on the northeasterly line of a Pan American Gas Company easement (20 feet wide, Volume 978, Page 900); THENCE, South 17°02'52" West, 120.58 feet to the beginning of a tangent curve to the left; THENCE, 85.63 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, 85.68 feet to the POINT OF BEGINNING of the herein described tract; THENCE, North 86°43'16" 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.N.& 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 59 and said survey line to a point for corner. Said point being located in the arc of a non-tangent curve to the right; Brazoria County Municipal Utility A.C.H.& B. Co. Survey District No. 3 Abstract No. 415 102.890 Acre Annexation THENCE, 532.49 feet along the arc of said curve to the right having 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 1450.00 feet, a central angle of 36°02'24". a long chord bearing South 76°56'36" East, 897.11 feet to a point of tangency; THENCE, 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° 1 1 '1 1 ", a long chord bearing North 37°26'25" East, 36.92 feet to a point of a reverse curve to the right; • THENCE, 851.33 feet along the arc of said curve to the right having a radius of 2050.00 feet, a central angle of 23°47'38", a long chord bearing North 01 °44'23" East, 845.23 feet to a point for corner. Said point being in the centerline of aforementioned County Road 59 and on the north line of the A.C.H.& 6. 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 • S JRNApl}(1M&81102890.Ss • r' Ji ' ?Itt\Y? Brazona County Municipal Utility A.C.H. & B. Co. Survey District No. 3 Abstract No. 415 69.390 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.H.&8. Co. Survey, A-415, Brazoria County, Texas and being a portion of a called 1200.1804 acre tract conveyed to New Southwyck, LP. by Special Warranty Deed as recorded in Clerk's File Number 94-024772 of the Brazoria County Deed Records; 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 line of said 1200.1804 acre tract; THENCE, along the boundary line of said 1200.1804 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°09'40" East, 651.87 feet to a point for comer, 4. South 86°46'03" West, 1,987.58 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 centerline of aforementioned County Road 90; THENCE, South 03°02'46" East, 419.45 feet along the centerline of said County Road 90 to the POINT OF BEGINNING, CONTAINING 69.390 acres of land in Brazoria County, Texas. seotem°er to. i947 SURNARUI ASZ69]90 100 Foot Wide Strip Inside G.C. Smith Co. Survey Brazoria County Municipal Utility District No. 3 Abstract No. 548 (:) 16.0102 Acres J.W. Maxey Survey Abstract No. 721 STATE OF TEXAS § COUNTY OF BRAZORIA § A METES AND BOUNDS description of a 16.0102 acre tract located in the G. C. Smith Co. Survey, Abstract No. 548 and J.W.Maxey Survey,Abstract No.721, Brazoria County,Texas and being a portion of a called 1200.1804 acre tract conveyed to New Southwyc k, LP. as described in Clerk's File No. 94-024772 of the Brazoria County Deed Records; said 16.0102 acres 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 90 and County Road 101: THENCE, North 03°02'46" West, 1747.70 feet along the centerline of said County Road 90 to a point for corner; THENCE, North 03°00'14" West, 2588.05 feet continuing along the centerline of said County Road to a point for comer, THENCE, North 87°00'04" East, 100.00 feet to a point for comer, THENCE, South 03°00'14" East, 2588.01 feet to a point for comer, THENCE, South 03°02"46" East, 1648.30 feet to a point for comer; THENCE. North 87°19'09" East, 2638.31 to a point for corner; THENCE. South 02°41'18" East, 100.00 feet to a point for corner in the south line of the aforementioned G.C. Smith Survey, Abstract No. 548 and the north line of the R.B. Lyle Survey, Abstract No. 541, also being in the centerline of aforementioned County Road 101; THENCE, South 87°19'09"West. 2737.69 feet along said centerline of County Road 101 to the POINT OF BEGINNING, CONTAINING 16.0102 acres of land in Brazoria County, Texas. September 12, 1997 SURVWLMM&8,60,o2.s12 [C_; ."; ti y` .1 i a. ; I L i 10 Foot Wde Stnp Inside A.C.H. & B. Co. Survey Brazona County Municipal Utility District No. 3 Abstract No. 415 0.0806 Acres STATE OF TEXAS § COUNTY OF BRAZORIA § A METES & BOUNDS description of a 0.0806 acre tract located in the A.C.H.& B. Co. Survey, Abstract No. 415, Brazona County, Texas and being a portion of a called 1200.1804 acre tract conveyed to New Southwyck, LP. as described in County Cleric's File No. 94.024722 of the Brazona County Deed Records; said 0.0806 acres being more particularly described as follows with all bearings being based on said 1200.1804 acre tract COMMENCING at a point marking the centerline of County Road 90 and County Road 59; THENCE, South 86°43'18" West. 2309.05 feet along the centerline of said County Road 59 to the POINT OF BEGINNING, beginning a non-tangent curve to the right from which the radius point bears South 11°23'35"West, 1550.00 feet THENCE. 37.73 feet, along the arc of said curve to the right having a radius of 1550.00 feet, a central angel of 01°23'41" and a long chord bearing South 77°54'34" East. 37.73 feet to a point for corner, THENCE. South 86°43'18" West, 369.14 feet to a point for comer, THENCE. North 03°04'43" West. 10.00 feet to a point for corner in the centerline of aforementioned County Road 59; THENCE, North 86°43'18" East, 332.72 feet to the POINT OF BEGINNING, CONTAINING 0.0806 acres of land in Brazona County, Texas. September 12, 1997 suRvuzi.pmAisMIMMS12 10 Foot Wide Strip Inside A.C.H. & B. Co. Survey Brazoria County Municipal Utility District No. 3 Abstract No. 415 0.7080 Acres STATE OF TEXAS § COUNTY OF BRAZORIA § A METES AND BOUNDS description of 0.7080 acres of land in the A.C.H.& B. Co. Survey, Abstract No. 415, Brazoria County, Texas being a portion of a called 1200.1804 acre tract conveyed to New Southwyck, LP.by Special Warranty Deed as described in Clerk's File No. 94- 024772 of the Brazoria County Deed Records; said 0.7080 acres being more particularly described as follows with all bearings being based on said 1200.1804 acre tract COMMENCING at a point marking the centerline of County Road 101 and County Road 90; THENCE, North 03°02'46" West, 1747.70 feet along the centerline of said County Road 90 to a point for corner; THENCE, North 03°00'18" West, 300.61 feet continuing along the centerline of said County Road 90 to the POINT OF BEGINNING of the herein described tract; ' THENCE, South 86°36'07" West, 10.00 feet to a point for corner; THENCE, North 03°00'14" West, 2287.51 feet to a point for corner; THENCE, North 84°10'53" West, 252.69 feet to a point for corner, beginning a non-tangent curve to the right from which the radius point bears South 76°39'18" East, 2050.00 feet; THENCE. 10.44 feet along the arc of said curve to the right having a radius of 2050.00 feet, a central angle of 00°17'31" and a long chord bearing North 13°28'34" East, 10.44 feet to a point for corner in the centerline of aforementioned County Road 59; THENCE, North 86°43'18" East, 256.74 feet along the centerline of said County Road 59 to a point for corner; THENCE, South 03°00'14" East, 2337.44 feet to the POINT OF BEGINNING, CONTAINING 0.7080 acres of land in Brazoria County, Texas. September 11, 1997 SURVIRL MILBbmeo.s11 10 Foot Wide Strip Inside A.C.H. & B. Co. Survey Brazoria County Municipal Utility District No. 3 Abstract No. 415 0.0986 Acres STATE OF TEXAS § COUNTY OF BRAZORLA § A METES & BOUNDS description of a 0.0986 acre tract located in the A.C.H.& B. Co. Survey, Abstract No. 415, Brazoria County, Texas and being a portion of a called 1200.1804 acre tract conveyed to New Southwyck, LP. as described in County Clerk's File No. 94.024722 of the Brazoria County Deed Records; said 0.0986 acres 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 90 and County Road 101 THENCE, South 03°09'01" East, 10.00 feet to a point for corner; THENCE, South 87°19'09" West. 10.02 feet to a point for comer; THENCE, North 03°02'46" West, 429.36 to a point for comer, THENCE, North 86°46103" East, 10.00 feet to a point for corner in the centerline of aforementioned County Road 90; THENCE, South 03°02'46" East, 419.45 feet to the POINT OF BEGINNING, CONTAINING 0.0986 acres in Brazoria County, Texas. September 12, 1997 SURVAIJIVAIB\o09e5S 12 iiimutiii i - • . a" dimmif WA, . '71\- -ip_i- D la Z II V. ftlit . 1 11.004 iwAlt.0 - likV � � / .e°lk O�ti�. i 4j4zLi4KE eastiltsbn • �'�' t�tt'iroN, . t_ liklizw!irl: � k ii gib1111 3 �. .ar��.: rr i o �a 1/ ,.. ob." -s's--- ° r."‘7z.,:lrf--- - ---- ,. \0: 4; C M Li D :f. :::.11.11„;:iiitill . . . : r.....:..r.►�..��.�.. - w -� �!� • ., -- ` �� `, ..� �- isIso.4 tow � ! �� � 1 11; %i .• ti . i � N3 1 1 - •��N • •• � .-- a �.•. �T�r 1.a.ate% 3/4���4��' 4 /4 L__ ill. \ %inn thriiicl te;-14,.." y' 0 ..— rRrRoa rcr , 4` i '4�11/1//r o f�v ��,",#• =�i� ' rttim 1 } PittrOSEIts. iiiBriztAllall!iy.I4p yior, �� 0 Si1 is i. I �s�4. ailt11 aUL��j � _ ` "r .J : 111I ri� . �d / i 41e4ir 'T / . q ! PROVSZD alSTR Cr aoufOARr 1 .-i G BB • ' 1 PP • CR. 101 KTPT[1c-3 lJr BRAZORIA COUNTY MUD NO. 3 69. 390 ACRES