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Ord. 1329 2007-11-26 ORDINANCE NO. 1329 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28 OF APPROXIMATELY 69.1509 ACRES OF LAND. WHEREAS, Brazoria County Municipal Utility District No. 28 ("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.1 055 dated March 11, 2002; 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 "Petition for Consent to Annex Land Into Brazoria County Municipal Utility District No. 28 (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 the approximate 69.1509 acres described in the Petitions and the exhibits attached hereto, into the District conditioned upon the terms set forth in Ordinance NO.1 055. 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. 1329 PASSED and APPROVED on FIRST READING this the 1 ih day of November, A. D., 2007. ,""'~"~R'LA"""'" (~~1~1 A ttE~.'...../ 1"~'f"""IHS< "I,'I"\\')~' d~ f2J~ TOM REID MAYOR PASSED and APPROVED ON SECOND AND FINAL READING this the 26th day of November, A. D., 2007. dvW~ ""'II,!I'''''''",,>,, ."., ~ /'.RLA/, '.... /6<~q}. I{!"~,~'~) "Ill( li.1'11'~l.' TOM REID MAYOR ~et~MC ITY CRET ARY APPROVED AS TO FORM: CJ~ tf~ Gt-- DARRIN M. COKER CITY ATTORNEY 2 EXHIBIT l! D D J!I PETITION FOR CONSENT TO ANNEX LAND INTO BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28 THE STATE OF TEXAS 9 9 COUNTY OF BRAZORIA 9 TO THE HONORABLE MA YOR AND CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: The undersigned, duly elected officer of Brazoria County Municipal Utility District No. 28 (the "District") Signature, Eubanks & Associates, Ltd., a Texas limited partnership ("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 Pearl and, 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: I. The District was created by the Texas Commission on Environmental Quality on February 27, 2003, and is governed by the provisions of Chapters 49 and 54, Texas Water Code, as amended. II. Petitioner holds fee simple title to the Land sought to be annexed to the District, as indicated by certificate of ownership provided by the applicable County Appraisal District. III. 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 seq., as amended) of any city, town or village, except the city limits of the City of Pearl and, Texas. All of the territory proposed to be annexed may properly be annexed into the District. 161066 IV. The Land is described by metes and bounds in Exhibit II 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 Pearl and, Texas, is in close proximity to populous and developed sections of Brazoria County, and within the immediate future will experience a substantial and sustained growth. Because the health and welfare of the present and future inhabitants of the Land and of lands adjacent thereto require the construction, acquisition, maintenance and operation of an adequate waterworks and sanitary sewer system and a drainage and storm sewer system, a public necessity exists for the annexation of the Land into the 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 the only lienholder on the Land is Sterling Bank. 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 liB," attached hereto and incorporated herein for all purposes. 161066 2 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 $1,261,000 and that the cost of constructing the District's facilities to serve the Land sought to be annexed will not exceed the current bonded authorization limit of the District. WHEREFORE, the undersigned respectfully pray that this petition be heard and granted in all respects and that the City of Pearland, Texas, give its written consent to the annexation of the Land into the District. [EXECUTION PAGES FOLLOW] ]61066 3 RESPECTFULLY SUBMITTED this 23rd day of October, 2007. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28 ATTEST: ~~ Secretary, Board of Directors ...,.... ",..:" - . ::~~':.-_\~"~::"o . (SEAL) ..... '-. ~' !3/ ~ :::0: ~ ::: ()~ "~ ~ ~'" Vi '.'" '~~"" " -::-, o~"" .,>, .,' '/' '('"-f.~~ -. .".~ t, ';';~I "'~q "On'- \'''..,<y;~-' 1/11 * ,...'i\"- IIIN: ~ H, P. ~.;, ,(!,'-' THE STATE OF TEXAS 9 9 COUNTY OF HARRIS 9 This instrument was acknowledged before me on this 23rd day of October, 2007, by ,<)'"/ q~ {..vii' '?,,~ as President, and5l1""t~.....4 A ;L/.!> as Secretary, of the Board of rectors ~f Brazoria County Municipal Utility District No. 28, a political subdivision of the State of Texas, on behalf of said political subdivision. (NOTARY SEAL) .d-d .,g ~_ -"- ("" ~;L ~- Notary Public, State of Texas \\\UII'"I \,\ t'Y f'(j ";" ~c::.'\.~'I-."'Q('~ ~~( ..t~ ~;~;i. .,:~~$ ""II~I~I\\\\' SHARON COVAN Notary Public. State of Texas My Commission Expires March 29, 2008 ] 61066 4 PETITIONER: SIGNATURE, EUBANKS & ASSOCIATES, LTD., a Texas limited partnership By: Lenz Development Corp., a Texas corporation its gener.aJ partner ~ By: ~~~ Name: Michael H. Pollak Title: President THE STATE OF TEXAS S S COUNTY OF BRAZORIA s This instrument was acknowledged before me on this ~1l~ of ~ , 2007, by Michael H. Pollak, President of Lenz Development Corp., a Texas corporation, general partner of Signature, Eubanks & Associates, Ltd., a Texas limited partnership, on behalf of said partnership and corporation. ANNA MELASS ry Public, State of Texas My Commission Expires "1l~ April 19, 2011 , -~-- .-~~,~.~"" Notary Public, State of Texas 161066 5 EXHIBIT A October 26, 2007 Job No. 1711-0007-401 DESCRIPTION OF 15.5143 ACRES PROPOSED ANNEXATION TRACT 3 BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28 BEING 15.5143 acres of land located in the H.T. & B.R.R. Company Survey, Section 17, Abstract 242, Brazoria County, Texas, more particularly being all of that certain called 7.1611 acre tract conveyed to Signature, Eubanks and Associates, LTD. by an instrument of record under Document Number 2005025510 in the Official Records of Brazoria County, Texas (B.C.O.R.) and all of that certain called 8.3532 acre tract conveyed to Signature, Eubanks and Associates, LTD. by an instrument of record under Document Number 2004006304, B.C.O.R., and being more particularly described by metes and bounds as follows, all bearings referenced to the instrument of record under said Document Number 2005025510 AND Document Number 2004006304, B.C.O.R.; BEGINNING at a point in the centerline of Fite Road, County Road 91 (variable width) for the southwest corner of the herein described tract, same being the southwest corner of said 7.1611 acre tract; THENCE, North 000 00' 32" West, along the west line of said 7.1611 acre tract, at 30.00 feet pass the southeast corner of that certain called 0.9927 acre tract conveyed to Tranquility Housing II, Ltd. by an instrument of record under Document Number 2005052420, B.C.O.R., continuing along said west line, at 280.81 feet pass the common east corner of said 0.9927 acre tract and that certain called 14.14 acre tract (referred to as Tract I) conveyed to Tranquility Housing, LTD., by an instrument of record under Document Number 2004038625, B.C.O.R., said 14.14 acre tract being Restricted Reserve "A", Tranquility Bay Apartments, a subdivision of record under Volume 24, Page 222 and 223, in the Plat Records of Brazoria County, Texas, (B.C.P.R.), and continuing along said west line, a total distance of 1,328.13 feet to the northwest corner of the herein described tract, same being the common corner of said 7.1611 acre tract, said 14.14 acre tract, that certain called 6.655 acre tract conveyed to William F. Hawk by an instrument of record under File Number 01-013411, B.C.O.R. and that certain called 6.655 acre tract conveyed to Jose C. Rodriguez by an instrument of record under Volume (87)442, Page 645, Deed Records of Brazoria County, (B.C.D.R.); Page 1 of 3 1:\Projdsk 1\SURVEY\ 1711\OOO7\c:kyo...s\ 15_5143ac-annexbndy.doc 15.5143 Acres October 26, 2007 Job No. 1711-0007-401 THENCE, East, along the north line of said 7.1611 acre tract, at 219.74 feet pass the common south corner of said 6.655 acre Rodriguez tract and that certain called 10 acre tract conveyed to Jose C. Rodriguez and wife Sharon Rodriguez by the instruments of record under Volume 1154, Page 466, Volume 1154, Page 468 and Volume 1154, Page 471, B.C.D.R., continuing along said north line, at 234.87 feet pass the common north corner of said 7.1611 acre tract and the aforementioned 8.3532 acre tract, and continuing along the north line of said 8.3532 acre tract, a total distance of 549.50 feet to the northeast corner of the herein described tract, same being the common east corner of said 10 acre Rodriguez tract and said 8.3532 acre tract, said corner also being on the west line of The Westchester Estates Subdivision, un- recorded; THENCE, South 000 00' 47" East, along the east line of said 8.3532 acre tract, at 469.30 feet, pass the southwest corner of said Westchester Estates Subdivision, same being the northwest corner of that certain called 4.6945 acre tract conveyed to William F. Hawk by an instrument of record under File Number 00 037285, B.C.O.R., continuing along said east line, at 675.80 feet pass the common west corner of said 4.6945 acre Hawk tract and that certain called 4.6945 acre tract conveyed to Arnie M Pepin and wife Connie M. Pepin by an instrument of record under File Number 97-025270, B.C.O.R., continuing along said east line, at 882.30 feet pass the common east corner of said 4.6945 acre Pepin tract and that certain called 2.5007 acre tract (referred to as Tract 2) conveyed to Signature, Eubanks and Associates, LTD. by an instrument of record under Document Number 2005071929, B.C.O.R., continuing along said east line, at 992.30 feet pass the common east corner of said 2.5007 acre tract and that certain called 6.8393 acre tract (referred to as Tract 1) conveyed to Signature, Eubanks and Associates, LTD. by an instrument of record under said Document Number 2005071929, and continuing along said east line, a total distance of 1,089.42 feet to the southeast corner of the herein described tract on the west line of said 6.8393 acre tract, said corner also being the northeast corner of that certain called 1.14 acre tract conveyed to H & R Operator Services, Inc. by an instrument of record under Volume (84) 48, Page 363, B.C.O.R.; Page 2 of 3 1:\Projdsk 1\SURVEY\1711 \OOO7\docs\ 15_5143ac-annexbndy.doc 15.5143 Acres October 26, 2007 Job No. 1711-0007-401 THENCE, West, along the north line of said 1.14 acre tract, 208.71 feet to an interior southeast corner of said 8.3532 acre tract, same being the northwest corner of said 1.14 acre tract; THENCE, South, along the west line of said 1.14 acre tract, 198.71 feet to the southeast corner of said 8.3532 acre tract on the north line of Fite Road, same being the northeast corner of that certain called 0.0243 acre tract conveyed to the City of Pearland by an instrument of record under Filet Number 00-007651, B.C.O.R.; THENCE, West, along said north line, 105.97 feet to the common west corner of said 8.3532 acre tract and said 0.0243 acre tract and being on the east line of the aforementioned 7.1611 acre tract; THENCE, South 000 00' 32" East, along said east line, 40.00 feet to the southeast corner of said 7.1611 acre tract at the centerline of Fite Road; THENCE, West, along said centerline, same being the south line of said 7.1611 acre tract, 234.87 feet to the POINT OF BEGINNING and containing 15.5143 acres of land. This document was prepared under 22 TAC S 663.21, and does not reflect the results of an on-the-ground survey and is not to be used to conveyor establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. LJA Engineering & Surveying, Inc. Page 3 of 3 1:\Projdsk 1\SURVEY\ 1711 \0007\docs\ 15_5143ac-annexbndy.doc EXHIBIT "B" (a) The City of Pearl and, 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 161080 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. 161080 CERTIFICATE THE STATE OF TEXAS ~ ~ COUNTY OF BRAZORIA ~ I, the undersigned Secretary of the Board of Directors of Brazoria County Municipal Utility District No. 28, 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. 28 that was filed with the Board of Directors of the District on October 23, 2007. WITNESS MY HAND AND SEAL OF SAID DISTRICT this 23rd day of October, 2007. f'~.~;':'.'.~.' (.~-;:);.; f(:;~!I'~~~~ ~' <:>',,". -;:. (SEAL \It>?.~........1f'\ ~::t: : :: :: ~: :-e:f = ;:=>: :?~ ~ -2:.. :.~ :: ~ . . :r-' ...... 1~ (;~~... .'~,) ,~~ ~.,~?~;,/:~:~~~~;,>' h.~ Secretary, Board of Directors 161066 6 PETITION FOR CONSENT TO ANNEX LAND INTO BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28 THE STATE OF TEXAS S S COUNTY OF BRAZORIA s TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: The undersigned, duly elected officer of Brazoria County Municipal Utility District No. 28 (the " District"), Fite Townhomes Interests, Ltd., a Texas limited partnership ("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 Pearl and, 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: 1. The District was created by the Texas Commission on Environmental Quality on February 27, 2003, and is governed by the provisions of Chapters 49 and 54, Texas Water Code, as amended. II. Petitioner holds fee simple title to the Land sought to be annexed to the District, as indicated by certificate of ownership provided by the applicable County Appraisal District and supplemented by certified deeds recorded in the Official Public Records of Brazoria County, Texas. III. 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 seq., as amended) of any city, town or village, except the city limits of the City of Pearland, Texas. All of the territory proposed to be annexed may properly be annexed into the District. 16]080 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 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. Ltd. The Petitioner certifies that the only lienholder on the Land is Jachel Partnership, 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. 161080 2 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 $1,450,000 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. [EXECUTION PAGES FOLLOW] 161080 '" -' RESPECTFULL Y SUBMITTED this 23rd day of October, 2007. ATTEST: BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28 ~rf\ ~ President;--l;ar~ ~ctOrs' 7~~~ Secretary, Board of Directors ",,""11 IIl"11 ~",,""'.. \,,\C!P~ """" ~" ~".......... ~l', ~;.. *' ...'"'" ..... .....;(; ~i ~~"..*..~~ ~ . . ~ .... ~. , .....4 -:. 10/ \9. l :: (.). . en ": ::1: ;-i~ :: : ;.;tJ _ s ~ :~ ~ - O' .<.C"':) '" ~~'" ...,..,.~ ~ -. ..~ ~ ~A ..... ....~o,~ 'i. ........ ,tt. ...... If,,-,.L ...,,, "'1 JIr \'1'\\ ",,"UtI!.... " (SEAL) THE STATE OF TEXAS 9 9 COUNTY OF HARRIS 9 This instrument was acknowledged before me on this 23rd day of October, 2007, by :54 (~ U./dj J1 fY' as President, and S'/ c'h:,n,' (A. ,f{.-c/a' as Secretary, of the Board of Directors of Brazoria County Municipal Utility District No. 28, a political subdivision of the State of Texas, on behalf of said political subdivision. __~~~ -C~~ Notary Public, State of Texas (NOTARY SEAL) \"IIl"'", ~, .,In"v I,... 1:'~'1t.. ".~,-" (1.1 y~~ \~:;;, '.t;'~;;: """I,r.~li\\\"" ~~"""'t SHARON CaVAN - I Notary Public, State of Texas ' My Commission Expires March 29, 2008 -" 161080 4 PETITIONER: FITE TOWNHOMES INTERESTS, LTD., a Texas limited partnership By: Fite TH, LLC, a Texas limited liability c..ompany ./1 A /J By:iS~N~ Name: ~/c:.H~el.- H P":"L~'< Title: j.?-<..E-S/Dc........ i THESTATEOF~-X~ COUNTY OF jJ~16 s s s f\ "........J:h~ instrument was acknowledged before me on this n~ay of ~\J\A./ , 2007, bym,c..-H'~\"'-.Lk P~~~'OCNrof Fite TH, LLC, a Texas limited liability company, general partner of Fite Townhomes Interests, Ltd., a Texas limited partnership, on behalf of said partnership and company. ey ANNA MELASS ... Notary Public. State of Texas .. .. ~ ~ission Expires .L1tPf~ 19.2011 Notary Public, State of Texas --.-~ ~ 16]080 5 . ' EXHIBIT A October 26, 2007 Job No. 1711-0007-401 DESCRIPTION OF 20.3420 ACRES PROPOSED ANNEXATION TRACT 2 BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28 BEING 20.3420 acres of land located in the H.T. & B.R.R. Company Survey, Section 21, Abstract 309, Brazoria County, Texas, more particularly being Lots 25 and 26 of the Allison- Richey Gulf Coast Home Company Subdivision, Part of Suburban Gardens Section 21, a subdivision of record in Volume 2, Pages 23 and 24 of the Brazoria County Plat Records (B.C.P.R.), same being all of that certain called 20.3420 acre tract of land conveyed to Fite Townhouse Interest, LTD. by an instrument of record under Document Number 2004072080 in the Official Records of Brazoria County, Texas (B.C.O.R.) and being more particularly described by metes and bounds as follows, all bearings referenced to the instrument of record under said Document Number 2004072080; BEGINNING at a point in Fite Road, County Road 91 (width varies) for the southeast corner of the herein described tract, same being the common south corner of Lot 26 and Lot 30 of said Allison-Richey Subdivision; THENCE, West, with the south line of Lot 26, 830.60 feet to a point for the southwest corner of the herein described tract, same being the common south corner of Lot 26 and Lot 21 of said Allison-Richey Subdivision; Page 1 of 3 1;\Projdsk 1\SURVEY\ 1711\OOO7\docs\20_3420ac-annexbndy.doc 20.342 Acres October 26, 2007 Job No. 1711-0007-401 THENCE, North 000 03' 45" East, along the west line of Lot 26, at 26.94 feet pass the southeast corner of that certain called 2.05 acre tract conveyed to John W. Benefield and Donna J. Benefield by an instrument of record under Document Number 02 027576, B.C.O.R, and at 517.46 feet pass the common corner of Lots 20, 21, 25 and 26 of said Allison-Richey Subdivision, continuing along the west line of Lot 25, at 537.04 feet pass the common east corner of said 2.05 acre tract and that certain called 2.25 acre tract conveyed to Huey Batiste by an instrument of record under Volume 1280, Page 56, in the Deed Records of Brazoria County, Texas (B.C.D.R), continuing with the west line of Lot 25, at 711.64 feet pass the common east corner of said 2.25 acre tract and that certain called 3.25 acre tract conveyed to Huey Batiste and wife, Carmelia Batiste by an instrument of record under Volume 1166, Page 927, B.C.D.R, continuing with the west line of Lot 25, at 886.24 feet pass the common east corner of said 3.25 acre tract and that certain called 2.86 acre tract conveyed to Larry Campbell and Kerry Spencer by an instrument of record under Document Number 2004070067, B.C.O.R, and continuing with the west line of Lot 25, a total distance of 1,066.88 feet to the northwest corner of the herein described tract, same being the common corner of Lots 19, 21, 24 and 25 of said Allison- Richey Subdivision, and being the common corner of said 2.86 acre tract, that certain called 9.9856 acre tract conveyed to Sunlake Limited by an instrument of record under File Number 03-028898, B.C.O.R and that certain called 19.9748 acre tract conveyed to The Imani Church by an instrument of record under Document Number 2005043447, B.C.O.R; THENCE, North 890 58' 27" East, along the north line of Lot 25, 830.98 feet to the northeast corner of the herein described tract, same being the common east corner of Lots 24 and 25 of said Allison-Richey Subdivision and being the southeast corner of said 19.9748 acre tract, said corner also being on the west line of that certain called 9.9963 acre tract conveyed to Randall Alan Nemitz and wife, Barbara Jane Nemitz by an instrument of record under Volume 992, Page 507, B.C.O.R; Page 2 of 3 1:\Projdsk 1\SURVEY\1711 \OOO7\docs\20_3420ac-annexbndy.doc . 20.342 Acres October 26, 2007 Job No. 1711-0007-401 THENCE, South 00009' 50" West, along the east line of Lot 25, at 16.65 feet pass the common west corner of Lots 29 and 30 of said Allison-Richey Subdivision, same being the common west corner of said 9.9963 acre tract and that certain called 9.80 acre tract conveyed to E. R. Milstead by an instrument of record under Volume (89) 662, Page 745, B.G.O.R., continuing along the east line of Lot 25, at 522.85 feet pass the common east corner of Lots 25 and 26 of said Allison-Richey Subdivision, continuing with the east line of Lot 26, a total distance of 541.95 feet to the common west corner of said 9.80 acre tract and that certain called 5.9136 acre tract conveyed to Freemen T. Wyche, " and Ollie Alicia Wyche by an instrument of record under File Number 97-029493, B.G.O.R.; THENCE, South, along the east line of Lot 26, 505.41 feet to the southwest corner of said 5.9136 acre tract, continuing along the east line of Lot 26, a total distance of 525.30 feet to the POINT OF BEGINNING and containing 20.3420 acres of land. This document was prepared under 22 TAG S 663.21, and does not reflect the results of an on-the-ground survey and is not to be used to conveyor establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. LJA Engineering & Surveying, Inc. Page 3 of 3 I :\Projdsk 1\SU RVEy\ 1711 \OOO7\docs\20 _ 3420ac-annexbndy.doc 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 161080 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. 161080 CERTIFICA TE THE STATE OF TEXAS 9 9 COUNTY OF BRAZORIA 9 I, the undersigned Secretary of the Board of Directors of Brazoria County Municipal Utility District No. 28, 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. 28 that was filed with the Board of Directors of the District on October 23, 2007. WITNESS MY HAND AND SEAL OF SAID DISTRICT this 23rd day of October, 2007. (SEAL) \\\~~HjH";j,tJ' ,\\\ rlP.- I 'I, ,,\ "",\v.. 'X 0.... I,." "....' ~v.....~........: .1// ~~.. ~ ~ .,' '.~ '''~'' ~ f"....~ ...."'"~ - ~. , '0 ~ - .:::5' \ . ~ Eo:' -:?" ':w ~ ~ o~ j~'~ ::: .c.. ;;::::- .~ ;: ~.'. ,J..' ~ E ~ 0'" ,.~.....""" :i ~ :;.\". ,.'r-.~ ..... ~ '~:" ....-.....J ......... ....1/ fiTl1............~'t "" /'-'11/. * \\'\\\' /11/1114111111\\\ ~.~~ Secretary, Board of Directors 161080 6 PETITION FOR CONSENT TO ANNEX LAND INTO BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28 THE STATE OF TEXAS S S COUNTY OF BRAZORIA S TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: The undersigned, duly elected officer of Brazoria County Municipal Utility District No. 28 (the "District"), Karen Ritchey and George R. Ritchey ("Petitioners"), 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 Pearl and, 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: I. The District was created by the Texas Commission on Environmental Quality on February 27, 2003, and is governed by the provisions of Chapters 49 and 54, Texas Water Code, as amended. II. Petitioners hold fee simple title to the Land sought to be annexed to the District, as indicated by certificate of ownership provided by the applicable County Appraisal District. III. 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 seq., as amended) of any city, town or village, except the city limits of the City of Pearl and, Texas. All of the territory proposed to be annexed may properly be annexed into the District. 161050 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 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 lienholders 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. 161050 2 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 $2,103,000 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. [EXECUTION PAGES FOLLOW] 161050 3 RESPECTFULLY SUBMITTED this 23rd day of October, 2007. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28 pre~~ ATTEST: ,\"\Iutllll",,, ~,\ u j 'AI' IIII ....', .. ~ yr. u_c,^ 'W, ," ~'.......... '. -4~;,o, ~" ,..~.... .... '(' '\ ~.::d.".. "'~~ ~ 3 :.. ... ~ \ : '. '::4 ~ . : ":-< : Secretary, Board of Directo~ '::t\ /~ I \_~... .,~~ .. ~,.... ...~tf ~ '410... .....il:O~ ~,,,..,~ (SEAL) .."""",,,.......',, THE STATE OF TEXAS 9 9 COUNTY OF HARRIS 9 This instrument was acknowledged before m~ on this 23rd day of October, 2007, by )'/-q f ~~ Wti/. d /Yas President, and Sf-c-rhn -_ A- '(./c.5 as Secretary, of the Board of Di ectors of Brazoria County Municipal Utility District No. 28, a political subdivision of the State of Texas, on behalf of said political subdivision. ~~ Notary Public, State of Texas (NOTARY SEAL) ",\,~~I~i:",,/ .:-,~>.. ..','- f~" ".:'~ - . . - \j~;~. ..~~~~E """I~'~~l~"\"'" SHARON caVAN Notary Public, State of Texas My Commission Expires March 29, 2008 161050 4 PETITIONER: KAREN RITCHEY THE STATE OF TEXAS S s COUNTY OF BRAZORIA s ~, ~,ih~ .l\21J This instrument was acknowledged before me on this ~ day of 2007, by Karen Ritchey. ~""t~~I~~;",.r. ;:'~~~.. ""'~ l~( . ti ( OT RY S A ) \~.. .:~~ N A E L ~':t{,r,!~~~"" ELSA MARTINEZ Notary Public. State of Texas My Commission Expires May 1 0, 2009 161'050 5 fr-t \ exas PETITIONER: GEORGE R. RITCHEY ~ il-rtO( THE STATE OF TEXAS ~ ~ COUNTY OF BRAZORIA ~ This instrument was acknowledged before me on thisd31~day of 2007, by George R. Ritchey. (NOTARY SEAL) ~",,~~I~':'I,,- ':<~~!"....!t"'~ $... "."<-\ : : : = - . . - \:~~....\~~.i ~",,:'~t.1\\"" ELSA MARTINEZ Notary Public, State of Texas My Commission Expires May 1 0, 2009 161050 6 k (()~{- . as EXHIBIT A October 26,2007 Job No. 1711-0007-401 DESCRIPTION OF 33.2946 ACRES PROPOSED ANNEXATION TRACT 1 BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28 Being 33.2946 acres of land located in the H.T. & B.R.R. Company Survey, Section 85, Abstract 304, Brazoria County, Texas, more particularly being the south half of Lot 45, a portion of Lot 55 and all of Lots 56 and 57 of Section 85 of the Allison-Richey Gulf Coast Home Company Subdivision, Part of Suburban Gardens, a subdivision of record in Volume 2, Pages 107 and 108 of the Brazoria County Plat Records (B.C.P.R.), more particularly being all of that certain called 13.28 acre tract conveyed to George Ritchey and wife, Karen Ritchey by instrument of record under File Number 97-032332 of the Official Records of Brazoria County (B.C.O.R.), all of said Lot 56 conveyed to George Ritchey and wife, Karen Ritchey by an instrument of record under File Number 99-015625, B.C.O.R., and all of said Lot 57 conveyed to George Ritchey and wife, Karen Ritchey by an instrument of record under File Number 96- 019344, B.C.O.R., said 33.2946 acres being more particularly described by metes and bounds as follows, all bearings referenced to Somersetshire Estates, a subdivision of record in Volume 16, Pages 283 and 284, B.C.P.R.; BEGINNING at the northeast corner of the aforementioned Lot 55 same being the southeast corner of the aforementioned Somersets hire Estates, said corner also being on the west line of Sunrise Lakes Section 1, a subdivision of record in Volume 20, Pages 315 _ 318, B.C.P.R., and being in Hooks Road; THENCE, South 000 00' 13" East, along the east lines of said Lots 55, 56, and 57 and the west line of said Sunrise Lakes Section 1, passing at 494.84 feet the common east comer of said Lots 55 and 56, passing at 990.17 feet the common east corner of said Lots 56 and 57, continuing a total distance of 1,485.17 feet to the southeast corner of said Lot 57, same being the northeast corner of Sunrise Lakes Section 2, a subdivision of record in Volume 21, Pages 31-34, B.C.P.R.; Page 1 of 3 I :\Projdsk 1\SURVEY\ 1711 \0007\docs\33 __295ac-annexbndy.doc 33.2946 Acres October 26, 2007 Job No. 1711-0007-401 THENCE, South 890 57' 17" West, along the common line of said Lot 57 and said Sunrise Lakes Section 2, 880.00 feet to a point for the southwest corner of said Lot 57 and the southeast corner of Reserve "A" of said Sunrise Lakes Section 2, said point being are-entrant corner on the north line of said Sunrise Lakes Section 2; THENCE, North 000 00' 31" East, along the west line of said Lot 57 and the east line of said Reserve "A", passing at 248.69 feet the northeast corner of said Reserve "A", and continuing along the west line of said Lot 57 and along the east Line of Lot 47 of said Section 85, passing at 496.17 feet the common corner of said Lots 47, 56 and 57 and the southeast corner of Lot 46 of said Section 85, and continuing along the common line of said Lots 46 and 56, a total distance of 990.51 feet to the common corner of said Lots 45, 46, 55 and 56; THENCE, South 890 58' 00" West, along the common line of said Lots 45 and 46 and along the south line of the aforementioned 13.28 acre tract, 880.33 feet to a point for the common west corner of said Lots 45 and 46 and the southwest corner of said 13.28 acre tract, said point being at the centerline of County Road 93 (called 40 feet wide) as shown on the aforementioned Allison-Richey Subdivision Plat; THENCE, North, along the west line of said 13.28 acre tract and along said centerline, 247.85 feet to a point for the northwest corner of said 13.28 acre tract, same being the southwest corner of that certain tract (called the north half of Lot 45 of said Section 85) conveyed to Steven C. Muth by an instrument of record under File Number 2006015661, B.C.O.R.; THENCE, East, along the north line of said 13.28 acre tract and the south line of said Muth tract, 880.07 feet to a point for a re-entrant corner of said 13.28 acre tract, and the southeast corner of said Muth tract, said point being on the common line of said Lots 45 and 55; THENCE, North, continuing along said north line and along said common line, 7.76 feet to a point for corner; Page 2 of 3 1:\Projdsk 1\SURVEY\ 1711 \0007\dOCS\33_295ac-annexbndy.doc 33.2946 Acres October 26,2007 Job No. 1711-0007-401 THENCE, North 660 34' 00" East, departing said common line and continuing along said north line, 276.74 feet to a point for corner; THENCE, South, continuing along said north line, 24.00 feet to a point for corner; THENCE, North 660 47' 10" East, continuing along said north line, 391.20 feet to a point for corner on the common line of said 13.28 acre tract and the aforementioned Somersetshire Estates, same being the north line of said Lot 55; THENCE, East, along said common line and said north line, 266.57 feet to the POINT OF BEGINNING and containing 33.2946 acres of land. This document was prepared under 22 TAC 9 663.21, and does not reflect the results of an on-the-ground survey and is not to be used to conveyor establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. LJA Engineering & Surveying, Inc. Page 3 of 3 1:\Projdsk 1\SURVEY\ 1711\OOO7\docs\33_295ac-annexbndy.doc EXHIBIT "B" (a) The City of Pearl and, 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 161050 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. 161050 CERTIFICATE THE STATE OF TEXAS 9 9 COUNTY OF BRAZORIA 9 I, the undersigned Secretary of the Board of Directors of Brazoria County Municipal Utility District No. 28, 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. 28 that was filed with the Board of Directors of the District on October 23, 2007. WITNESS MY HAND AND SEAL OF SAID DISTRICT this 23rd day of October, 2007. -"'......u,"u ~,,\\\.. ~wtClP.../..',I,,, ,," ..I '" ........."',. ~..... +...~., '. v....." ~*........ .......t~ $~...*...~~ (SEAL): 0': \'" ~ = 0: :0 : - Z" -- -- = - .....' :w-: ! : :.....; .. Q' .... W7 .. . .",- ~. .. ~ . ... , . . """ ~ ... ..~-~ ~ .... ....~ ""~ ~",. ........~.(5 "'.... "~ .. W" ~t/'ofl ~'"'''",II...''''' //~ y~ Secretary, Board of Directors 161050