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Ord. 0999 2001-01-22ORDINANCE NO. 999 AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF PEARLAND, TEXAS, TO INCLUDE ALL LAND AREA WITHIN CERTAIN LIMITS AND BOUNDARIES AND ANNEXING TO THE CITY OF PEARLAND ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES (NORTH OF CLEAR CREEK AND NORTHEAST OF THE EXISTING CITY LIMITS) AT THE REQUEST OF THE OWNERS, VILLA VERDE, SECTIONS H AND III, L.P.; APPROVING A SERVICE PLAN FOR ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES; CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT; PROVIDING A SAVINGS AND SEVERABILITY CLAUSE. WHEREAS, the City Council of the City of Pearland, Texas, has, following due notice and publication in accordance with the requirements of §43.052, Tex. Local Govt. Code, conducted two (2) public hearings regarding the City's intended annexation of certain territory located contiguous to the City and within the City's extraterritorial jurisdiction; and WHEREAS, public hearings were conducted before the City Council on December 4, 2000, at 6:30 p.m. and on December 11, 2000, at 6:30 p.m., at the Pearland City Hall, 3519 Liberty Drive, Pearland, Texas; and WHEREAS, the City of Pearland has, in accordance with §43.051 et seq., Tex. Local Govt. Code, complied with all procedural requirements regarding the annexation of territory, including the preparation of a plan for extension of municipal services into the area annexed to the City; and WHEREAS, the City intends to fulfill those obligations imposed upon it by state law regarding newly annexed areas, including timely provision of municipal services as required by law; and WHEREAS, the City Council finds and determines that the annexation intended by this Ordinance is in the best interests of the City of Pearland and benefits the health, safety, and welfare of the citizens of said City; now, therefore, 1 ORDINANCE NO. 999 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the boundaries and limits of the City of Pearland, Texas, are hereby extended to embrace and include the territory described in Exhibit "A" attached hereto and made a part hereof, and such territory is hereby annexed to and made a part of the City. Section 2. The plan for extension of municipal services into the territory annexed to the City of Pearland by the provisions of this Ordinance is set forth in the "City of Pearland, Texas, Service Plan for 31.1548 Acres of Land More or Less, Being Out of the W. D. C. Hall Survey, Abstract Number 23, Harris County, Texas" attached hereto as Exhibit "B" and made a part hereof for all purposes. Such Municipal Service Plan is hereby approved. Section 3. The City Council officially finds, determines, recites and declares that sufficient written notices of the date, hour, place and subject matter of the meetings of the City Council at which this Ordinance was considered were posted at a place convenient to the public at the City Hall of the City of Pearland for the time required by law preceding said meetings, as required by law; and that said meetings have been open to the public, as required by law, at all times during which this Ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notices and the contents and posting thereof. Section 4. Savings. All rights and remedies which have accrued in favor of the City under this Chapter and amendments thereto shall be and are preserved for the benefit of the City. 2 ORDINANCE NO. 999 Section 5. Severability. If any section or part of this Ordinance be held unconstitutional, illegal or invalid, or the application thereof ineffective or inapplicable as to any territory, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no wise affect, impair or invalidate the remaining portions, the same shall be and remain in full force and effect; and should this Ordinance for any reason be ineffective as to any part of the area hereby annexed to the City of Pearland, such ineffectiveness of this Ordinance as to any such part or parts of any such areas shall not affect the effectiveness of the Ordinance as to all of the remainder of such area, and the City Council hereby declares it to be its purpose to annex to the City of Pearland every part of the area described in Exhibit "A", attached hereto, regardless of whether any other part of such described area is hereby effectively annexed to the City. Provided, further, that if there is included in the general description of territory set out in Exhibit "A", attached hereto, any land or area which is already a part of and included within the general limits of the City of Pearland, or which is presently part of and included in the limits of any other city, town or village, or which is not within the City of Pearland's jurisdiction to annex, the same is hereby excluded and excepted from the territory to be annexed as fully as if such excluded and excepted area was specifically described herein. PASSED and APPROVED ON FIRST READING this the 8 day of January , A. D., 2001. 3 TOM REID MAYOR ORDINANCE NO. 999 ATTEST: PASSED and APPROVED ON SECOND AND FINAL READING this the 22 day of January ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY , A. D., 2001. 4 TOM REID MAYOR R. WEST DEVELOPMENT COMPANY, INC. 6302 Broadway, Suite 250 Pearland, Texas 77581 October 3, 2000 City of Pearland Attn: Mr. Tobin Maples 3519 Liberty Drive Pearland, Texas 77581 RE: Annexation of Approximately 30 Acres Dear Mr. Maples, We, the owners of approximately 30 acres of land, in the W.D.C. Hall Survey Abstract No. 23, Harris County, Texas, respectfully are requesting annexation of this tract of land into the City of Pearland as well as into Brazoria County M.U.D. No. 18. Attached, please find a copy of the survey and legal description of this tract of land. Please -let me know if you have any questions, or need any further information. Respectfully, Villa Verde Sections II and III LP, a Texas Limited Partnership By. WestCam GP LLC its General Partner By Renee L. West, Manager cc: Mr. Alan Mueller Mr. Howard Cohen Office: (281) 997-1500 FAX• (281) 997-28t REKHA ENGINEERING, INC. CONSULTING ENGINEERS LEGAL DESCRIPTION 31.1548 ACRE TRACT OF LAND LOCATED IN THE W.D.C. HALL SURVEY, ABSTRACT NO. 23, HARRIS COUNTY, TEXAS (PORTION OF 51.3130 ACRE TRACT WITHIN THE EXTRA -TERRITORIAL JURISDICTION OF THE CITY OF PEARLAND) Being a 31.1548 acre (1,357,103 square foot) tract of land located in the Warren D.C. Hall Survey, Abstract 23, Hams County, Texas, and being out of a called 51.1982 acre tract of land described as Tract 2 in a deed to Roosevelt Texas Holdings Company Inc. dated November 10, 1995, recorded under County Clerk's File No. R157894 (Film Code No. 501-84-3224) of the Official Public Records of Real Property of Hams County, Texas, the southwest portion of which is a called 50 acre tract conveyed to Searcy Baker as per an instrument dated June 23, 1925 and recorded in Volume 623, Page 10 of the Deed Records of Hams County, Texas, that southwest portion also being conveyed as 4 - 12 1 /2 acre tracts, all dated September 1, 1954, as per instruments recorded in Volume 2819, Page 384, Volume 2819, Page 387, Volume 2819, Page 390, and Volume 2819, Page 395, all in the Deed Records of Hams County, Texas, said 31.1548 acre tract being more particularly described by metes and bounds as follows: COMMENCING at a 5/8 inch iron rod found for the original southeast comer of the above - mentioned called 51.1982 acre tract, said 5/8 inch iron rod also called to be in the northwest line of a called 78.773 acre tract conveyed to the Harris County Flood Control District as per an instrument recorded under County Clerk's File No. J237306 (Film Code No. 064-98-2309) of the Official Public Records of Real Property of Hams County, Texas; THENCE South 45° 28' 30" West, along the southeast line of the herein described tract, same being the called northwest line of the said called 78.773 acre tract, a distance of 157.01 feet to a 5/8 inch iron rod found for an angle comer of the herein described tract, said 5/8 inch iron rod also being an angle comer in the called northwest line of the said called 78.773 acre tract; THENCE South 46° 16' 38" West, along the southeast line of the said called 51.1982 tract, same being the northwest line of the said called 78.773 acre tract, a distance of 415.43 feet to and the PLACE OF BEGINNING of the herein described tract; THENCE South 46° 16' 38" West, along the southeast line of the herein described tract, same being the northwest line of the said called 78.773 acre tract, at 716.55 feet pass a 5/8 inch iron rod found for the south comer of the said 51.1982 acre tract, same being an angle corner of the said called 78.773 acre tract, same being the east corner of a called 36.06 acre tract conveyed as Tract 2 to Inez Vivian McGinnis as per an instrument dated June 30,1995 and recorded under County Clerk's File No. R473344 (Film Code No. 504-47-2244) of the Official Public Records of Real Property of Hams County, Texas, said Tract 2 also being a called 36.06 acre tract conveyed as to A.S. Caldwell and R.R. Weary as per an instrument dated June 8, 1925 and recorded in Volume 572, Page 395 of the Deed Records of Hams County, Texas, in all a total distance of 749.84 feet to a point for a comer on the City Limit Line for the City of Pearland; THENCE North 44° 50' 35" West, along the northeasterly City Limit Line for the City of Pearland, a distance of 988.95 feet to a point for an exterior angle point of the herein described tract; 5301 HOLLISTER, SUITE 190 • HOUSTON, TEXAS 77040 PHONE: (713) 895-8080/8081 • FAX: (713) 895-7686 REKHA ENGINEERING, INC. CONSULTING ENGINEERS LEGAL DESCRIPTION 31.1548 ACRE TRACT OF LAND LOCATED IN THE W.D.C. HALL SURVEY, ABSTRACT NO. 23, HARRIS COUNTY, TEXAS (PORTION OF 51.3130 ACRE TRACT WITHIN THE EXTRA -TERRITORIAL JURISDICTION OF THE CITY OF PEARLAND)....PAGE 2 THENCE North 45° 09' 25" East, continuing along the said City Limit Line, a distance of 167.27 feet to a point for an interior angle comer of the herein described tract; THENCE North 44° 50' 35" West, continuing along the northeasterly City Limit Line for the City of Pearland and of the herein described tract, a distance of 1041.71 feet to a 5/8 inch iron rod found for the west comer of a called 50 acre tract conveyed as per an instrument recorded in Volume 623, Page 10 of the Deed Records of Hams County, Texas, the said 51.1982 acre tract and the herein described tract; THENCE North 45° 0T 47" East, along the north line of the said 50 acre tract, same being the south line of a tract conveyed to Reed -West Investments as per an instrument recorded under County Clerks File No. T464162 of the said Official Public Records, a distance of 585.81 feet to a point for comer and being the north comer of the herein described tract; THENCE South 44° 44' 59" East, continuing along the northeast line of the herein described tract, the same being the agreed to and contracted extra -territorial jurisdiction line between the City of Houston and the City of Pearland as per an agreement recorded as City of Pearland Ordinance No. 188, a distance of 2,045.60 feet to a 5/8 inch iron rod found for the PLACE OF BEGINNING, containing 31.1548 acres (1,357,103 square feet) of land. 1:11419 RENCOPET.la,b.doc Rev. October 20, 20:0 Robert A. Marlowe Registered Professional Land Surveyor Texas Registration No. 4218 5301 HOLLISTER, SUITE 190 • HOUSTON, TEXAS 77040 PHONE: (713) 895-8080/8081 • FAX: (713) 895-7686 CITY OF PEARLAND, TEXAS SERVICE PLAN FOR 31.1548 ACRES OF LAND LOCATED NORTH OF CLEAR CREEK AND NORTHEAST OF THE EXISTING CITY LIMITS, ENCOMPASSING APPROXIMATELY 31.1548 ACRES IN HARRIS COUNTY TEXAS. I. INTRODUCTION. This Service Plan ("Plan") is made by the City of Pearland, Texas ("City") pursuant to Chapter 43 of the Local Government Code ("the Act"). This Plan relates to the annexation by the City, by petition of the owner, of land located north and east of the existing city limits, encompassing approximately 31.1548 acres in Harris County Texas. The Tract is described by metes and bounds in "Exhibit A-1" and "Exhibit A-2" which are attached to this Plan and to the annexation ordinance of which this Plan is a part. [I. TERM: EFFECTIVE DATE. This Plan will be in effect for a term of ten years commencing on the effective date of the annexation of the Tract. Renewal of this Plan will be at the option of the City. Such option may be exercised by the adoption of an ordinance by the City Council which refers to this Plan and specifically renews this Plan for a stated period of time. III. SERVICE PROGRAMS. A. In General. This Plan includes two service programs: (I) the Early Action Program, described below, and (ii) a Capital Improvement Program described below. B. Scope and Quality of Services. This Plan will provide a level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the municipality with topography, land use, and population density similar to the Tract. However, it is not the intent ofthis Plan to require that a uniform level of services be provided to all areas of the City (including the Tract) where differing characteristics of topography, land utilization and population density are considered as sufficient basis for providing differing service levels. C. Definitions. 1. As used in this Plan, "providing services" includes having services provided by any method or means by which the City extends municipal services to any other area of the City. This may include causing or allowing private utilities, governmental entities and other public service organizations to provide such services, in whole or part. 2. As used in this Plan, the phrase "Standard Policies and Procedures" means those policies and procedures of the City applicable to a particular service which are in effect either at the time that the service is requested or at the time that the service is made available or provided. The policies and procedures may require that a specific type of request be made, such as an application or a petition. They may require that fees or charges be paid, and they may include eligibility requirements and similar provisions. D. Early Action Program. 1. Statutory Services. The statutory services will be provided within the Tract within the period that meets or exceeds that required by State law. The following services will be provided in accordance with Standard Policies and Procedures immediately upon annexation: a. Police Protection: The Police Department of the City will provide protection and law enforcement in the Tract. These activities will include normal patrols and responses, the handling of complaints and incident reports, and, as appropriate, support by special units of the Department. b. Fire Protection: The Pearland Volunteer Fire Department (VFD) of the City of Pearland will serve the area in cooperation with VFDs, primarily the Southeast VFD, in the area according to mutually agreed to procedures. c. Emergency Medical Service: The Pearland Emergency Medical Service (EMS) will continue to provide emergency medical service to the Tract under a contract with the City. d. Solid Waste Collection: Service will be provided to eligible property by private contractor, under contract with the City. To be eligible for City solid waste collection service, property must have frontage on a public street and place solid waste in containers approved for the specific type of occupancy. Any person currently being serviced by a privately owned solid waste management service provider may continue to use that service for two years after the effective date of the annexation. e. Operation and Maintenance ofWater and Wastewater Facilities: Existing public water and wastewater facilities, if any, will be operated and maintained by the City. f. Operation and Maintenance of Road and Streets (including lighting): Existing roads and streets, including lighting and traffic control devices, if any, will be operated and maintained by the City, subject to the jurisdiction of other governmental entities. State highways and farm -to -market roads remain the primary responsibility of the Texas Department of Transportation, for instance. Existing roadside drainage ditches not maintained under the jurisdiction of another entity will be operated and mtained by the City. g- Operation and Maintenance of Parks, Playgrounds and Swimming Pools: Existing parks, playgrounds, and swimming pools, if any, will be operated and maintained by the City. h. Operation and Maintenance of Any Other Publicly -Owned Facility, Building or Service. Existing publicly owned or operated facilities, buildings, or services, if any, will be operated and maintained by the City. 2. Additional Services. Certain services, in addition to the statutory services, will be provided in accordance with Standard Policies and Procedures within the Tract to the same extent they are provided to similar territories elsewhere in the City. These are as follows: • a. Library Service will be provided from existing facilities and future facilities outside the Tract. Residents of the Tract will be eligible for borrowing privileges at City/County libraries on the same basis as current residents. b. Health Services will be provided by the City Health Department to area residents and businesses. Health services include City inspection of restaurants and groceries and Animal Control. c. Code Enforcement personnel will enforce the City's housing code and ordinances against junk motor vehicles, high weeds, unsafe buildings, and illegal dumping of refuse. d. Other City services, to the extent applicable to persons or properties within the Tract, in accordance with standard policies and procedures will be provided. E. Capital Improvement Program. As necessary, the City will initiate the construction of certain capital improvements necessary for providing municipal services for the Tract. Those improvements which are necessary are indicated below. Access to the improvements will be in accordance with Standard Policies and Procedures. The improvements shall be completed as soon as reasonably possible and shall be substantially completed within the time period indicated below. 1. Police Protection: Additional capital improvements are not necessary at this time to provide police protection. The Tract will be included with other territory in connection with planning for new, revised, or expanded public safety facilities. 2. Fire Protection: Additional capital improvements are not nerpccary at this time to provide fire protection. The Tract will be included with other territory in connection with planning for new, revised, or expanded public safety facilities. 3. Emergency Medical Service: Additional capital improvements are not necessary at this time to provide emergency medical service. The Tract will be included with other territory in connection with planning for new, revised, or expanded public safety facilities. 4. Solid Waste Collection: No capital improvements are necessary at this time to provide solid waste collection services within the Tract. The Tract will be included with other territory in connection with planning for new revised or expanded solid waste facilities. 5. Water and Wastewater Facilities: Additional capital improvements are not necessary at this time to provide water and wastewater service to the Tract. The cost of connecting to available water and sewer lines will be the responsibility of the Tract owners, as it is within the existing City utility system following standard policies and procedures. Capital recovery charges or impact fees also will be assessed at the time of connection to the City's utility system or upon issuance of building permits for lots developed within the Tract. The City will make wastewater treatment capacity in existing or future wastewater treatment plants built and operated by the City available for the Tract. The City will make potable water supply from existing or future sources built and operated by the City available to the Tract The City currently operates its own ground water wells and purchases wholesale surface water via contract from third parties. 6. Roads and Streets (including lighting): Additional roads, streets or related facilities are not necessary at this time to serve the Tract. Future extensions or widening of roads or streets and future installation of related facilities, such as traffic control devices or street lights will be undertaken in accordance with Standard Policies and Procedures. The Tract will be included with other territory in connection with planning for new, revised, widened, or enlarged roads, streets, or related facilities. 7. Parks, Playgrounds, and Swimming Pools: Additional capital improvements are not necessary at this time to provide such services to the Tract. The Tract will be included with other territory in connection with planning for such facilities. 8. Other Publicly -Owned Facilities, Buildings or Services: All other City functions and services, and the additional services described above, can be provided for the Tract by using existing capital improvements. Additional capital improvements are not necessary to provide City services, but the Tract will be included with other territory in connection with planning for new, revised, or expanded facilities, buildings or services. IV. AMENDMENT: GOVERNING LAW. This Plan may not be amended or repealed except as provided by the Act or other controlling law. Neither changes in the methods nor means of implementing any part of the service programs nor changes in the responsibilities of the various departments of the City will constitute amendments to this Plan and the City reserves the right to make such changes. This Plan is subject to and will be interpreted when in accordance with the Act, the Constitution and laws of the federal governments of the United States of America and the State of Texas, and the orders, rules and regulations of governmental bodies and officers having jurisdiction. V. FORCE MAJEURE. Should a force majeure interrupt the service described herein, the City will resume services under this Plan within a reasonable time after the cessation of the force majeure. "Force Majeure," for the purpose of this Plan will include, but not be limited to, acts of God, acts of the public enemy, war blockades, insurrection, riots, epidemics, landslides, lightning, earthquakes, fire, storms, floods, washouts, droughts, tornadoes, hurricanes, arrests and restraints of government, explosions, collisions and other inability of the City, whether similar to those enumerated or otherwise, which is not within the control of the City. VI. ENTIRE PLAN. This document contains the entire and integrated Service Plan relating to the Tract, and supersedes all other negotiations, representations, plans and agreements, whether written or oral. t'# - i REKHA ENGINEERING, INC. CONSULTING ENGINEERS LEGAL DESCRIPTION 31.1E48 ACRE TRACT OF LAND LOCATED IN THE W.D.C. HALL SURVEY, ABSTRACT NO. 23, HARRIS COUNTY, TEXAS (PORTION OF 61.3130 ACRE TRACT WITHIN THE EXTRA -TERRITORIAL JURISDICTION OF THE CITY OF PEARLAND) Being a 31.1548 acre (1,357,103 square foot) tract of land located in the Warren D.C. Hall Survey, Abstract 23, Harris County, Texas, and being out of a called 51.1982 acre tract of land described as Tract 2 in a deed to Roosevelt Texas Holdings Company Inc. dated November 10, 1995, recorded under County Cleric's Fie No. R157894 (Film Code No. 501-84-3224) of the Official Public Records of Real Property of Harris County, Texas, the southwest portion of which is a called 50 acre trail conveyed to Searcy Baker as per an instrument dated June 23, 1925 and recorded in Volume 623, Page 10 of the Deed Records of Harris County, Texas, that southwest portion also being conveyed as 4 - 12 1/2 acre tracts, all dated September 1, 1954, as per instruments recorded in Volume 2819, Page 384, Volume 2819, Page 387, Volume 2819, Page 390, and Volume 2819, Page 395, all in the Deed Records of Harris County, Texas, said 31.1548 acre tract being more particularly described by metes and bounds as follows: COMMENCING at a 5/8 inch iron rod found for the original southeast comer of the above - mentioned called 51.1982 acre tract, said 5/8 inch iron rod also called to be in the northwest line of a called 78.773 acre trail conveyed to the Harris County Flood Control District as per an instrument recorded under County Cleriks File No. J237306 (Film Code No. 064-98-2309) of the Official Public Records of Real Property of Harris County, Texas; THENCE South 45' 28' 30" West, along the southeast line of the herein described tract, same being the called northwest fine of the said called 78.773 acre tract, a distance of 157.01 feet to a 5/8 inch iron rod found for an angle corner of the herein described tract. said 5/8 inch iron rod also being an angle comer in the called northwest line of the said called 78.773 acre tract; THENCE South 46' 16' 38" West, along the southeast fine of the said caned 51.1982 tract, same being the northwest line of the said called 78.773 acre tract, a distance of 415.43 feet to and the PLACE OF BEGINNING of the herein described trail; THENCE South 46' 16' 38" West, along the southeast line of the herein described tract, same being the northwest line of the said called 78.773 acre tract, at 716.55 feet pass a 5/8 inch iron rod found for the south comer of the said 51.1982 acre tract, same being an angle comer of the said called 78.773 acre tract, same being the east comer of a called 36.06 acre tract conveyed as Tract 2 to Inez Vivian McGinnis as per an instrument dated June 30,1995 and recorded under County Cleric's File No. R473344 (Film Code No. 504-47-2244) of the Official Public Records of Real Property of Harris County, Texas, said Tract 2 also being a called 36.06 acre tract conveyed as to A.S. Caldwell and R.R. Weary as per an instrument dated June 8, 1925 and recorded in Volume 572, Page 395 of the Deed Records of Hams County, Texas, in all a total distance of 749.84 feet to a point for a comer on the City Limit Line for the City of Peartand; THENCE North 44' 50' 35" West, along the northeasterly City Limit Line for the City of Peartand, a distance of 988.95 feet to a point for an exterior angle point of the herein described tract; 5301 HOLLISTER, SUtTE 190 • HOUSTON, TEXAS 77040 PHONE: (713) 895-8080/8081 • FAX: (713) 895-7686 REKHA ENGINEERING, INC. CONSULTING ENGINEERS LEGAL DESCRIPTION 31.1548 ACRE TRACT OF LAND LOCATED IN THE W.O.C. HALL SURVEY, ABSTRACT NO. 23, HARRIS COUNTY, TEXAS (PORTION OF 51.3130 ACRE TRACT WITHIN THE EXTRA -TERRITORIAL JURISDICTION OF THE CITY OF PEARLAND)....PAGE 2 THENCE North 45' 09' 25" East, continuing along the said City Limit Line, a distance of 167.27 feet to a point for an interior angle corm of the herein described tract; THENCE North 44° 50' 35" West, continuing along the northeasterly City Limit Line for the City of Peartand and of the herein described tract, a distance of 1041.71 feet to a 5/8 inch iron rod found for the west comer of a called 50 acre tract conveyed as per an instrument recorded in Volume 623, Page 10 of the Deed Records of Harris County, Texas, the said 51.1982 acre tract and the herein described tract; _— THENCE North 45° 0T 4T' East, along the north fine of the said 50 acre tract, same being the south fine of a tract conveyed to Reed -West Investments as per an instrument recorded under County Cleric's File No. T464162 of the said Official Public Records, a distance of 585.81 feet to a point for owner and being the north comer of the herein described tract; THENCE South 44. 44' 59" East, continuing along the northeast fine of the herein described tract, the same being the agreed to and contracted extra -territorial jurisdiction line between the City of Houston and the City of Peartand as per an agreement recorded as City of Peartand Ordinance No. 188, a distance of 2,045.60 feet to a 5/8 inch iron rod found for the PLACE OF BEGINNING, containing 31.1548 acres (1,357,103 square feet) of land. ttlslfriEVCOPELLinkdoe Nev. October 2 .2000 Robert A. Marlowe Registered Professional Land Surveyor Texas Registration No. 4218 5301 HOUJSTER, SUITE 190 • HOUSTON, TEXAS 77040 PHONE: (713) 895-8080/8081 • FAX: (713) 895-7686 1 AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 ate of Texas azoria and Harris Counties {andy Emmons, hereby certify that the notice hereby appended was published Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general culation in Brazoria and Harris Counties, for l issues, as follows: No. / Date • • // 1-C 20 Ua No. Date 20 No. Date 20 No. Date 20 No. Date 20 bscribe and sworn to before me this 16 day of ?/W • LEGALS Published Nov. 15, 2000 PUBLIC NOTICE NOTICE OF PUBLIC HEARING ON ANNEXATION Notice is hereby given that the first of two public hear- ings will be held by the City Council of the City of Pearland, Texas, in the Council Chambers, City Hall, 3519 Liberty Drive, Pearland, Texas, at 6:30. P.M. on December 4, 2000, for the purpose of consider- ing annexation into the city limits of the following prop- erty: Being a 31.1548 acre (1,357,103 square foot) tract of land located in the Warren D.C. Hall Survey, i Abstract 23, Harris County,' Texas, and being out of a called 51.1982 acre tract of land described as Tract 2 in a deed to Roosevelt Texas Holdings Company Inc. dated November 10, 1995, recorded under County Clerk's File No. R157894 (Film Code No. 501-84- 3224) of the Official Public Records of Real Property of Harris County, Texas, the southwest portion of which is a called 50 acre tract con- veyed to Searcy Baker as per an instrument dated June 23, 1925 and recorded in Volume 623, Page 10 of the Deed Records of Harris County, Texas, that south- west portion also being con- veyed as 4 - 12 1/2 acre tracts, all dated September 1, 1954, as per instruments recorded in Volume 2819, Page 384, Volume 2819, Page 387, Volume 2819, Page 390, and Volume 2819, Page 395, all in the Deed Records of Harris County, Texas, said 31.1548 acre tract being more particularly described by metes and bounds as fol- lows: :COMMENCING at a 5/8 ch iron rod found for the riginal southeast comer- of e above -mentioned called 1.1982 acre tract, said 5/8 inch iron rod also called to 'be in the northwest line of a called 78.773 acre tract conveyed to the Harris County Flood Control District as per an instrument recorded under County Clerk's Fite No. J237306 (Film Code No. 064-98- 2309) of the Official public Records of Real Property of THENCE South 45° 28' 30" West, along the southeast line of the herein described tract, same being the called northwest line of the said called 78.773 acre tract, a distance of 157.01 feet to a 5/8 inch iron rod found for an angle corner of the here- in described tract, said 5/8 inch iron rod also being an angle corner in the called northwest line of the said called 78.773 acre tract; THENCE South 46° 16' 38" West, along the southeast line of the said called 51.1982 tract, same being the northwest line of the said called 78.773 acre tract, a distance of 415.43 feet to and the PLACE OF BEGINNING of the herein described tract; THENCE South 46° 16' 38" West, along the southeast line of the herein described tract, same being the north- west line of the said called 78.773 acre tract, at 716.55 feet pass a 5/8 inch iron rod found for the south comer of the said 51.1982 acre tract, same being an angle comer of the said called 78.773 acre tract, same being the east corner of a called 36.06 acre tract conveyed as Tract 2 to Inez Vivian McGinnis as per an instru- ment dated June 30,1995 and recorded under County Clerk's File No. R473344 (Film Code No. 504-47- 2244) of the Official Public Records of Real Property of Harris County, Texas, said Tract 2 also being a called 36.06 acre tract conveyed as to A.S. Caldwell and R.R. Weary as per an instrument dated June 8, 1925 and recorded in Volume 572, Page 395 of the Deed Records of Harris County, Texas, in all a total distance of 749.84 feet to a point for a corner on the City Limit Line for the City of Pearland; THENCE North 44° 50' 35" West, along the northeast- erly City Limit Line for the LEGALS City of Pearland, a distance of 988.95 feet to a point for an exterior angle point of the herein described tract; THENCE North 45° 09' 25" East, continuing along the said City Limit Line, a dis- tance of 167.27 feet to a point for an interior angle corner of the herein described tract; THENCE North 44° 50' 35" West, continuing along the northeasterly City Limit Line for the City of Pearland and of the herein described tract, a distance of 1041.71 feet to a 5/8 inch iron rod found for the west corner of a called 50 acre tract con- veyed as per an instrument recorded in Volume 623, Page 10 of the Deed Records of Harris County, Texas, the said 51.1982 acre tract and the herein described tract; . THENCE North 45° 07' 47" East, along the north line of the said 50 acre tract, same being the south line of a tract conveyed to Reed - West Investments as per an instrument recorded under County Clerk's File No. T464162 of the said Official Public Records, a distance of 585.81 feet to a point for corner and being the north corner of the herein described tract; THENCE South 44° 44' 59" East, continuing along the northeast line of the herein described tract, the same being the agreed to and contracted extra -territorial jurisdiction line between the City of Houston and the City of Pearland as per an agreement recorded as City of. Pearland Ordinance No. 188, a distance of 2,045.60 feet to a 5/8 inch iron rod !found for the PLACE OF BEGINNING, containing 31.1548 acres (1,357,103 square feet) of land. All interested citizens and property owners are hereby ' notified of their right to appear and be heard on the matter. Is/ YQunglorfing,,, ;;; , . AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, Randy Emmons, hereby certify that the notice hereby appended was published in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general circulation in Brazoria and Harris Counties, for 1 issues, as follows: No. ) Date . // -- 21 20 o0 No. Date 20 No. Date 20 No. Date 20 No. Date 20 yyn resident Subscribe and sworn to before me this 3° day of TW. 20 w Notary Pub5c, State of Texas tertesedz LEGALS Published Nov. 29, 2000 PUBLIC NOTICE NOTICE OF PUBLIC HEARING ON ANNEXATION Notice is hereby given that the second of two public, hearings will be held by the City Council of the City of. Pearland, Texas, in the Council Chambers, City Hall, 3519 Liberty Drive, Pearland, Texas, at 6:30, P.M. on December 11, 2000, for the purpose of; considering annexation into the city limits of the follow- ing property: Being a 31.1548 acre (1,357,103 square foot) tract of land located in the Warren D.C. Hall Survey, Abstract 23, Harris County, Texas, and being out of a called 51.1982 acre tract of land described as Tract 2 in a deed to Roosevelt Texas Holdings Company Inc. dated November 10, 1995, recorded under County Clerk's File No. R157894 (Film Code No. 501-84- 3224) of the Official Public Records of Real Property of Harris County, Texas, the southwest portion of which is a called 50 acre tract con- veyed to Searcy Baker as per an instrument dated June 23, 1925 and recorded in Volume 623, Page 10 of the Deed Records of Harris County, Texas, that south- west portion also being con- veyed as 4 - 12 1/ 2 acre tracts, all dated September 1, 1954, as per instruments recorded in Volume 2819, Page 384, Volume 2819, I Page 387, Volume 2819, Page 390, and Volume 2819, Page 395, all in the !Deed Records of Harris County, Texas, said 31.1548 acre tract being Amore particularly described 'by metes and bounds as fol ws: OMMENCING at a 5/8 _Inch iron rod found for the rigmal southeast corner of jhe above -mentioned called • ?1.1982 acre tract, said 5/8 inch iron rod also called to e in the northwest line of a ailed 78.773 acre tract onveyed to the Harris"' ounty Flood Control' District as per an instrument recorded under County z Clerk's File No. J237306 (Film Code No. 064-98 2309) of the Official Public Records of Real Property of I THENCE South 45° 28' 30" West, along the southeast line of the herein described tract, same being the called northwest line of the said called 78.773 acre tract, a distance of 157.01 feet to a 5/8 inch iron rod found tor an angle corner of the here- in described tract, said 5/8 inch iron rod also being an angle corner in the called northwest line of the said called 78.773 acre tract; THENCE South 46° 16' 381 West, along the southeast line of the said called 51.1982 tract, same being the northwest line of the said called 78.773 acre tract, a distance of 415.43 feet to and the PLACE OF BEGINNING of the herein described tract; THENCE South 46° 16' 38" West, along the southeast line of the herein described tract, same being the north- west line of the said called 78.773 acre tract, at 716.55 feet pass a 5/8 inch iron rod found for the south corner of the said 51.1982 acre tract, same being an angle corner of the said called 78.773 acre tract, same being the east corner of a called 36.06 acre tract conveyed as Tract 2 to Inez Vivian McGinnis as per an instru- ment dated June 30,1995 and recorded under County Clerk's File No. R473344 (Film Code No. 50447- 2244) of the Official Public 13ecords of Real Property of Harris County, Texas, said Tract 2 also being a called 36.06 acre tract conveyed as to A.S. Caldwell and A.R. Weary as per an instrument dated June 8, 1925 and recorded in Volume 572, Page 395 of the Deed Records of Harris County, Texas, in all a total distance of 749.84 feet to a paint for a corner on the City Limit Line for the City of, Pearland; THENCE North 44° 50' 35" West, along the northeast- erly City Limit Line for the City of Pearland, a distance of 988.95 feet to a point for an exterior angle point of .the herein described tract; THENCE North 45° 09' 25" East, continuing along the said City Limit Line, a dis- tance of 167.27 feet to a point for an interior angle corner of the herein described tract; , THENCE North 44° 50' 35" West, continuing along the northeasterly City Limit Line for the City of Pearland and I of the herein described tract, a distance of 1041.71 feet to a 5/8 inch iron rod found for the west corner of a called 50 acre tract con- veyed as per an instrument recorded in Volume 623, Page 10 of the Deed Records of Harris County, Texas, the said 51.1982 acre tract and the herein described tract; THENCE North 45° 07' 47" East, along the north line of the said 50 acre tract, same being the south line of a tract conveyed to Reed - West Investments as per an instrument recorded under County Clerk's File No. T464162 of the said Official Public Records, a distance ;of 585.81 feet to a point for corner and being the north corner of the herein described tract; THENCE South 44° 44' 59" East, continuing along the northeast line of the herein described tract, the same being the agreed to and contracted extra -territorial jurisdiction line between the City of Houston and the City of Pearland as per an agreement recorded as City of Pearland Ordinance No. 188, a distance of 2,045.60 eet to a 5/8 inch iron rod found for the PLACE OF EGINNING, containing 31.1548 acres (1,357,103 square feet) of land. , All interested citizens and I property owners are hereby n$tified of their right to ' appear and be heard on the matter. - /s/ Young Lorfing City Secretary This site is accessible to disabled individuals. For kspecial assistance, such as ithe need for deaf inter- ipreters or braille materials, please call Young Lorfing at `485-2411, ext.-341, prior to the meeting so that appro- priate arrangements r made.. r>, 01 oUl JZ0 CERTIFICATION THE STATE OF TEXAS COUNTIES OF BRAZORIA, HARRIS & FT. BEND. .3° 61.00 FILE t 9920 CASH 61.0( DRAT R-A 1 5001 2127-0000 0355 3/12/01 2:31P11 t10P4 SECURITY FEE 1.00 iNG'tT -PRES 5.00 RECORDING 55.0C TOTAL I, Young Lorfing, City Secretary of the City of Pearland, Texas, hereby certify that the attached constitutes a true and correct copy of ORDINANCE NO. 999; duly passed and approved on its Second and Final by the City Council on the 22"d day of January 2001. Witness my hand and seal of the City of Pearland, Texas, this 26th day of February 2001, at Pearland, Texas. (SEAL) ung Lo ity Se•j' ary RECORDER'S MEMORANDUM: At the time of recordation, this instrument was found to be inadequate for the best photographic reproduction because of illegibility, carbon, or photo -copy, discolored paper, etc. All blockouts, additions and changes were present at the time the instrument was filed and recorded. v 3519 LIBERTY DRIVE • PEARLAND, TEXAS 77581-5416-19 • 281-652-1600 • www.ci.pearland.tx.us Printed on Recycled Paper 0