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Ord. 1011 05-14-01ORDINANCE NO. 1011 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 19 OF APPROXIMATELY 304.3603 ACRES OF LAND. WHEREAS, Brazoria County Municipal Utility District No. 19 (the "District") is located within the corporate limits of the City of Pearland, Texas ("City"); and WHEREAS, the City consented to the creation of the District by Ordinance No. 876 dated October 12, 1998; and WHEREAS, Section 54.016, V.T.C.A., Water Code, as amended, provides that no land within the corporate limits of a city or within the extraterritorial jurisdiction of a city, shall be included within a municipal utility district unless such city grants its written consent, by resolution or ordinance, to the inclusion of the land within the district; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. All of the matters and facts set forth in the preamble hereof are true and correct. Section 2. The "Petitions for Consent to Include Additional Land in the City of Pearland and in Brazoria County Municipal Utility District No. 19" (the "Petitions") are attached hereto as Exhibit "A" and made a part hereof for all purposes. Section 3. The City Council of the City of Pearland, Texas, hereby specifically gives its written consent to the annexation of approximately 304.3603 acres described in the Petitions and the exhibits attached hereto, into the District conditioned upon the terms set forth in Ordinance No. 876 and Chapter 30, Article IV, Water and Sewer Districts, of the City of Pearland Code of Ordinances. 1 ORDINANCE NO. 1011 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. PASSED and APPROVED ON FIRST READING this the 14 day of May , A. D., 2001. TOM REID MAYOR ATTEST: PASSED and APPROVED ON SECOND AND FINAL READING this the 14 day of May ATTEST: , A. D., 2001 . 2 _) TOM REID MAYOR ORDINANCE NO. 1011 APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 3 PETITION FOR CONSENT TO ANNEX LAND INTO BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 19 THE STATE OF TEXAS § § COUNTY OF BRAZORIA § TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: The undersigned, duly elected officer of Brazoria County Municipal Utility District No. 19 (the "District"), 313 Acres Pearland Joint Venture, a Texas joint venture; Frank S. Ladin; Lenora Turk Ladin, Co - Trustee of the Sidney S. Ladin Testamentary Trust; Evelyn Ladin Yellen, Co -Trustee of the Sidney S. Ladin Testamentary Trust; Phillip Victor Ladin, Co -Trustee of the Sidney S. Ladin Testamentary Trust; Ronald Mark Ladin, Co -Trustee of the Sidney S. Ladin Testamentary Trust; Robin Ladin Dorn, Co -Trustee of the Sidney S. Ladin Testamentary Trust; Frank S. Ladin, Trustee of the Family Trusts under the Last Will and Testament of Rosalie H. Ladin, Deceased; and Lenora T. Ladin (collectively, the "Land Owners"); and John N. Taylor, Trustee (the Land Owners and John N. Taylor, Trustee being referred to herein collectively as the "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 Pearland, Texas, for its written consent to the annexation by the District of the tract of land described by metes and bounds in Exhibit "A" (the "Land"). In support of this petition, the undersigned would show the following: The District was created on April 30, 1999, and is governed by the provisions of Chapters 49 and 54, Texas Water Code, as amended. The Land Owners hold fee simple title to the Land sought to be annexed to the District, as shown by the tax rolls and official real property records of Brazoria County, Texas. John N. Taylor, Trustee has entered into an earnest money contract to purchase the Land. 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 of Pearland, Texas. All of the territory proposed to be annexed may properly be annexed into the District. IV. The Land is described by metes and bounds in Exhibit "A," which is attached hereto and incorporated herein for all purposes. 990721.2000241/144175.01 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 Petitioners hereby certify that there are no lienholders on the Land. VI". The District agrees and hereby covenants that if the requested consent to the annexation of the Land to the District is given, the District will adopt and abide by the conditions set forth in Exhibit "B," attached hereto and incorporated herein for all purposes. IX. The undersigned estimate, from such information as they have at this time, that the cost of extending the Districts facilities to serve the Land sought to be annexed is $5,000,000 and that the cost of extending the Districts 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 PAGE FOLLOWS] 990721.2000241/144175.01 RESPECTFULLY SUBMITTED thi �_ day of ATTEST: Secretary, Bo*d';orDirectors (SEAL) THE STATE OF TEXAS COUNTY OF HARRIS § § , 2001. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 19 Pr dent, Board o Directors This instrument was acknowledged before me on thi day of , 2001, by Charles Kaufmann as President, and Patrick J. Nevlud as Secretary, of the Board of it tors of Brazoria County Municipal Utility District No. 19, a political subdivision of the State of Texa , on behalf of said political subdivision. LINDA SOT RAKE Notary Public, State of Texas My Commission Expires AUGUST 31, 2004 (NOTARY SEAL) Q-4) of ry Public, State of Texas 990721.2000241/144175.01 313 ACRES PEARLAND JOINT VENTURE, a Texas joint venture By: Pasternak Management, Inc., Managing Venturer By: THE STATE OF TEXAS § COUNTY OF § By: Matt Pasternak, President Arnold M. Abramson, Joint Venturer This instrument was acknowledged before me on this day of , 2001, by Matt Pasternak, as President of Pasternak Management, Inc., Managing Venturer of 313 Acres Pearland Joint Venture, on behalf of said joint venture. (NOTARY SEAL) THE STATE OF TEXAS COUNTY OF § § Notary Public, State of Texas This instrument was acknowledged before m on this 'JItL day of , 2001, by Arnold M. Abramson, as joint venturer of 313 Acre�Pearland Joint Venture, on beh 'if of said joint venture. r P� Melissa Dawn Walker a, My Commission Expires r v� March 02, 2004 (NOTARY SEAL) 990721.2000241/144175.01 w, 1 Notar`y.Qublic, State Of Texas THE STATE OF TEXAS § 313 ACRES PEARLAND JOINT VENTURE, a Texas joint venture By: Pasternak Management, Inc., Managing Venturer By: By: Mali Pasternak, President Arnold M. Abramson, Joint Venturer This instrument was acknowledged before me on this day of Matt Pasternak, as President of Pasternak Management, Inc., Managing Venturer of 31 Joint Venture, on behalf of said joint venture. (NOTARY SEAL) THE STATE OF TEXAS § § COUNTY OF § Notary Public, State of Texas N OO ee a 1eeN a eNeN ee NN{N eeeoe•NeeNo 00, SUE BLAND 5 Notary Public, State of Texas �w'rFooFJr Commission Expires: 07-22-2002 , ^4,Oa O400N041eee OOOeeeeNeeeNNNeoeeNeNNN ,2001,by cres Pearland This instrument was acknowledged before me on this day of , 2001, by Arnold M. Abramson, as joint venturer of 313 Acres Pearland Joint Venture, on behalf of said joint venture. Notary Public, State of Texas (NOTARY SEAL) 990721.2000241/144175.01 By: THE STATE OF(kliAtei:,S COUNTY OF _ /T7_06";< » § huNt. 4 ROBIN LADIN DORN, Co -Trustee of the SIDNEY S. LADIN TESTAMENTARY TRUST This instrument was acknowledged before me on this I day of CCc" Robin Ladin Dorn as Co -Trustee of the Sidney S. Ladin Testamentary Trust, on behalf s „F NOTARY Wes).. 2001, by said trust. Notary Public, State of ((a:Jl- V.[-' NOTARY PUBLIC STATE OF COLORADO 990721.2000241/144175.01 c"-a-yzA,J. FRANK S. LADIN THE STATE OF COUNTY OF This instrument was acknowledged before me on this O `A- day o by Frank S. Ladin. y'': KATHY J BAKER o: NOTARY PUBLIC *i State of Texas '•:1YoF�+' Comm. Exp 08-18-2004 (NOTARY SEAL) ' V Notary Public, State of 2001, 990721.2000241 /144175.01 LENORA TURK LADIN, Co -Trustee of the SIDNEY S. LADIN TESTAMENTARY TRUST THE STATE OF Cf § COUNTY OF § This instrument was acknowledged before me on this day of 1'1 , 2001, by Lenora Turk Ladin as Co -Trustee of the Sidney S. Ladin Testamentary Trust, on be alf of said trust. P-Odthr)/ Notary Public, State of LRQ_,,t4,Qra.-J (NOTARY SEAL) 990721.2000241 /144175.01 By: �C EVEL V LADIN YE LEN, Co -Trustee of the SIDNEY S. LADIN STAMENTARY TRUST THE STATE OF C4J4C1L 1--' COUNTY OF This instrument was acknowledged before me on this 7 (..) day of _____ 2001, by Evelyn Ladin Yellen as Co -Trustee of the Sidney S. Ladin Testamentary Trust, on behalf of said trust. =n;►.".''vex;.. KATHY J BAKER 1*: _41, 1r NOTARY PUBLIC i n+. %��� 'h State of Texas •••.'.TF bT -�+•' Comm. Exp 08-18-2004 (NOTARY SEAL) atik,„t466,,tuuK Notary Public, State of 990721.2000241/144175.01 By: .t /� PHILL'' VICTOR LADIN, Co -Trustee of the SIDNEY S. LADIN TESTAMENTARY TRUST THE STATE OF/6-0 COUNTY OF U4 w./14 This instrument was acknowledged before me on this tiday o , 2001, by Phillip Victor Ladin as Co -Trustee of the Sidney S. Ladin Testamentary Trust, on behalf of said trust. KATHY J BAKER NOTARY PUBLIC Sete M Texas Comm Exc 08-18-2004 (NOTARY SEAL) (1D-oulaW' Notary Public, State of cE6-0 990721.2000241/144175.01 RONALD MARK LADIN, Co -Trustee of the SIDNEY S. LADIN TESTAMENTARY TRUST THE STATE OF COUNTY OF 1-101/441,6 This instrument was acknowledged before me on this tS ,:a day , 2001, by Ronald Mark Ladin as Co -Trustee of the Sidney S. Ladin Testamentary Trust, on half of said trust. Notary Public, State of (NOTARY SEAL) (b6Liti 990721.2000241/144175.01 By: / i FRANK S. LADIN, Trustee of the Family Trusts under the Last Will and Testament of ROSALIE H. LADIN, Deceased THE STATE OF TEXAS COUNTY OF HARRIS This instrument was acknowledged before me on this 8th day of May, 2001, by Frank S. Ladin, Trustee of the Family Trusts under the Last Will and Testament of Rosalie H. Ladin, Deceased, on behalf of said trusts. KATHY J BAKER NOTARY PUBLIC State of Texas Comm. Exp. 08-18-2004 (NOTARY SEAL) Notary Public, 5tati of Texas 990721.2000241/144175.01 JO (E THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on this John N. Taylor, Trustee. uc, LINDA SOTIRAKE n Notary Public, State of Texas My Commission Expires AUGUST 31, 2004 (NOTARY SEAL) R, Trustee ontract Holder) day of �, 2001, by N tary Public, State of��,,`%� ij/ LENORA T. LADIN THE STATE OF COUNTY OF This instrument was acknowledged before me on this S day of! by Lenora T. Ladin. Notary Public, State of (NOTARY SEAL) 2001, 990721.2000241/144175.01 EXHIBIT A DESCRIPTION A tract of land being 124.4087 acres, out of 297.58 acres conveyed to Aaron Pasternak by Warranty Deed dated January 14, 1969 and recorded in Volume 1023, page 297 of the Deed Records of Brazoria County, Texas, and being in the Warren D.C. Hall League Abstract 70, Brazoria County, Texas, described as follows: BEGINNING at a concrete monument found in the southwesterly line or said W.D.C. Hall Survey, being the southeast corner of the said 297.58 acre tract and the southwest corner of the Shadycrest Subdivision recorded in Volume 8, page 97 of the Brazoria County Map Records, THENCE North 45 degrees 47 minutes 57 seconds West along the common line of the A.C.H.& B. Survey, Abstract No. 507 and the W.D.C. Hall Survey Abstract No. 70 a distance of 882.99 feet to an "X" cut in concrete curb in the south Right -of -Way of Oiler Drive, 140 feet in width, also being the southeast corner of a 6.8744 acre tract described in Deed from Elizabeth A Nesbit to the City of Pearland recorded in Clerk's File No. 96-038855, THENCE in a northeasterly direction, along a curve to the left, an arc length of 140.16 feet, a radius of 2115.00 feet, a central angle of 3 degrees 47 minutes 49 seconds, and a chord Bearing of North 46 degrees 34 minutes 48 seconds East to a found concrete monument, same being the northeast corner of Pearland Parkway described in Deed to the City of Pearland recorded in Clerk's File No. 97002287, THENCE North 45 degrees 51 minutes 11 seconds West along the northeasterly Right-of-way of Pearland Parkway, 140 feet in width, a distance of 1159.90 feet to a set 5/8 inch iron rod for corner, also being the southeasterly corner of a 49.85 acre tract (Independence Park) described in Deed to the City of Pearland recorded in Volume 1250, page 904 of the Brazoria County Deed Records, I1 ENCE North 44 degrees 24 minutes 49 seconds East along the southeasterly line of the said 49.85 acre tract, a distance of 1922.02 feet passing a 5/8 inch iron rod set on the highbank, a total distance of 1965.92 feet to the centerline of Mary's Creek, PAGE 1 OF 2 DESCRIPTION CONTINUED THENCE along the centerline of Mary's Creek the following courses and distances: South 70 degrees 22 minutes 48 seconds East, 42.50 feet, North 69 degrees 49 minutes 25 seconds East, 199.48 feet, North 36 degrees 28 minutes 23 seconds East, 238.74 feet, North 66 degrees 54 minutes 16 seconds Fast, 90.10 feet, South 86 degrees 38 minutes 31 seconds East, 454.43 feet, South 68 degrees 00 minutes 26 seconds East, 132.50 feet, South 48 degrees 39 minutes 25 seconds East, 277.21 feet, South 13 degrees 10 minutes 04 seconds East, 407.03 feet, South 31 degrees 26 minutes 43 seconds East, 206.86 feet, South 36 degrees 15 minutes 37 seconds East, 153.65 feet, South 22 degrees 04 minutes 22 seconds Fast, 109.21 feet, South 21 degrees 39 minutes 26 seconds East, 266.46 feet, South 33 degrees 51 minutes 48 seconds East, 128.98 feet, to a point in the northwesterly line of the Shadycrest Subdivision recorded in Volume 8, page 97 of the Brazoria County Map Records, THENCE South 44 degrees 19 minutes 06 seconds West along the northwesterly line of said Shadycrest Subdivision, a distance of 41.30 feet passing a set 5/8 inch iron rod on the highbank of Mary's Creek, continuing a total distance of 2507.34 feet to the PLACE OF BEGINNING and containing 124.4087 acres or 5,419,242 square feet of land WITNESS MY HAND AND SEAL THIS THE DAY 13TH, DECEMBER, 2000. ARLYN RAINAOVATER Registered Professional Land Surveyor No. 4722 FOSTER -RAINWATER & ASSOCIATES SURVEYING 6059 BROADWAY PEARLAND, TEXAS 77584 PHONE:(281)412-6586 FAX:(281)412-9025 JOB NO.2000-031 Office\W pwin\2000fi1es\2000-031.wpd PAGE 2 OF 2 EXHIBIT "B" (a) The City of Pearland, Texas (the "City"), by execution of its City Manager, and the developer on behalf of the District have entered into and executed a utility agreement that specifies the terms and conditions for providing water and sewage treatment services to the District (the "Utility Agreement"). The District shall assume all the rights, obligations, and interests of the developers under the Utility Agreement, as set forth therein. (b) The District may issue bonds, including refunding bonds, for any purposes authorized by law, including but not limited to, purchasing, refinancing, designing and constructing, or otherwise acquiring waterworks systems, sanitary sewer systems, storm sewer systems, and drainage facilities, or parts of such systems or facilities, and to make any and all necessary purchases, constructions, improvements, extensions, additions, and repairs thereto, and to purchase or acquire all necessary land, right-of-way, easements, sites, equipment, buildings, plants, structures, and facilities therefor, and to operate and maintain same, and to sell water, sanitary sewer, and other services within or without the boundaries of the District. Such bonds must provide that the District reserves the right to redeem said bonds on any date subsequent to the fifteenth (15th) anniversary of the date of issuance (or any earlier date at the discretion of the District) without premium, and none of such bonds, other than refunding bonds, will be sold for less than 95% of par; provided that the net effective interest rate on bonds so sold, taking into account any discount or premium as well as the interest rate borne by such bonds, will not exceed two percent (2%) above the highest average interest rate reported by the Daily Bond Buyer in its weekly "20 Bond Index" during the one -month period next preceding the date of the sale of such bonds. The resolution authorizing the issuance of the District's bonds will contain a provision that the pledge of any revenues from the operation of the District's water and sewer and/or drainage system to the payment of the District's bonds will terminate when and if the City annexes the District, takes over the assets of the District, and assumes all of the obligations of the District. (c) Before the commencement of any construction within the District, its directors, officers, or developers and landowners will submit to the City, or to its designated representative, all plans and specifications for the construction of water, sanitary sewer and drainage facilities to serve the District and obtain the approval of such plans and specifications therefrom. All water wells, water meters, flushing valves, valves, pipes, and appurtenances thereto, installed or used within the District, will conform to the specifications of the City. All water service lines and sewer service lines, lift stations, and appurtenances thereto, installed or used within the District will comply with the City's standard plans and specifications as amended from time to time. Prior to the construction of such facilities within or by the District, the District or its engineer will give written notice by registered or certified mail to the City, stating the date that such construction will be commenced. The construction of the District's water, sanitary sewer, and drainage facilities will be in accordance with the approved plans and specifications and with applicable standards and specifications of the City; and during the progress of the construction and installation of such facilities, the City may make periodic on -the -ground inspections. (d) Prior to the sale of any lot or parcel of land, the owner or the developer of the land included within the limits of the District will obtain the approval of the Planning and Zoning Commission of the City of a plat which will be duly recorded in the Official Records of Brazoria County, Texas, and otherwise comply with the rules and regulations of the Engineering Department and the Department of Public Works of the City of Pearland. 990721.2000241/144175.01 CERTIFICATE THE STATE OF TEXAS § COUNTY OF BRAZORIA § I, the undersigned Secretary of the Board of Directors of Brazoria County Municipal Utility District No. 19, 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. 19 that was filed with the Board of Directors of the District on , 2001. WITNESS MY HAND AND SEAL OF SAID DISTRICT this c day of M011 Secretary, Boarof Directors 990721.2000241/144175.01 , 2001.