R99-073 09-27-99RESOLUTION NO. R99-73
A RESOLUTION OF THE CITY COUNCIL OF PEARLAND, TEXAS,
MAKING CERTAIN FINDINGS RELATING TO THE CREATION OF
CITY OF PEARLAND PUBLIC IMPROVEMENT DISTRICT NO. ONE
(SHADOW CREEK RANCH).
WHEREAS, the City of Pearland (the "City") is authorized pursuant to TEx. LOCAL
GOV'T CODE, Chapter 372, as amended ("Chapter 372") to create public improvement
districts for the purposes described therein; and
WHEREAS, the City has received a petition (the "Petition") requesting the creation
of the City of Pearland Public Improvement District No. One (the "PID") over the property
described therein (the "Property") from the owners of a portion of the Property; and
WHEREAS, the petitioners constitute more than 50 percent of the appraised value
and the area of the Property, in accord with the requirements of, §372.005(b) of
Chapter 372; and
WHEREAS, the City held a hearing regarding the creation of the PID on
September 13, 1999, after having caused notice of such hearing by publication and mailing
in accordance with the requirements of §372.009(c) and (d) of Chapter 372; and
WHEREAS, at such hearing evidence was presented sufficient to allow the
City Council to make such findings as are required by Chapter 372; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF 'THE CITY OF PEARLAND, TEXAS:
Section 1. The facts recited in the preamble hereto are found to be true and
coFrect.
RESOLUTION NO. R99-73
Section 2. The City Council further finds as follows:
(a) The improvements described in the petition are found to be advisable and will
substantially benefit the Property.
(b) The nature of the improvements is: the construction of water distribution and
wastewater collection lines, stormwater drainage facilities, water and sewer impact or
connection fees, financing costs (including reserve funds, interest and costs of issuance),
and creation, organization and administration costs of the PID.
(c) The estimated cost of the proposed public improvements is $76,215,000.
(d) The proposed boundaries of the PID are described on Exhibit A.
(e) The method of assessment shall be based upon an equal apportionment of
a sum of money per square foot of property benefitting from the public improvements, and
may be constructed and assessed in phases over the life of the PID, as may be required
to accommodate development within the PID.
(f) 100 percent of the cost of the proposed improvements shall be paid by
assessment of the property owners within the PID.
Section 3. It is hereby found, determined and declared that a sufficient written
notice of the date, hour, place and subject of this meeting of the City Council was posted
at a place convenient to the public at the City Hall of the City for the time required by law
preceding this meeting, as required by the Open Meetings Law, Chapter 551 ,. Texas
Government Code, and that this meeting has been open to the public as required by law
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RESOLUTION NO. R99-73
at all times during which this Resolution and the subject matter thereof has been
discussed, considered and formally acted upon. City Council further ratifies, approves and
confirms such written notice and the contents and posting thereof.
Section 4. Effective Date. This Resolution shall become effective immediately
TOM REID
MAYOR
upon its passage.
PASSED, APPROVED, and ADOPTED this the2,?f/"day of
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
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Exhibit A
Being 3305 acres of land, more or less, located in the Dupuy and Roberts Survey, Abstract
726, Brazoria County; William Morris Survey, Abstract 344, Brazoria County; T. C. R. R. Co.
Survey, Section 3, Abstract 678, Brazoria County; T. C. R .R. Co. Survey, Section 4 (John W.
Maxcy), Abstract 675, Brazoria County; Obediah Pitts Survey, Abstract 717, Brazoria County; H.T.
& B. R. R. Co. Survey, Section 80 (J.S. Talmage), Abstract 564, Brazoria County; H. T. & B. R.
R. Co. Survey, Section 81, Abstract 300, Brazoria County; H. T. & B. R. R. Co. Survey, Section
82 (J. S. Talmage), Abstract 565, Brazoria County; H. T. & B. R. R. Co. Survey, Section 83,
Abstract 305 in Brazoria County and Abstract 761 in Fort Bend County; S.G. Haynie Survey,
Abstract 212 in Brazoria County and Abstract 620 in Fort Bend County; Franklin Hooper Survey,
Abstract 198, Fort Bend County; George W. McDonald Survey, Abstract 577, Fort Bend County;
I. C. Stafford Survey, Abstract 668, Fort Bend County and the H. Levering Survey, Abstract 279,
Fort Bend County, Texas; said 3305 acres, more or less, being more particularly described as
follows:
BEGINNING at the common noah comer of Lots 3 and 4, Block 10 of the ALLISON -
RICHEY GULF COAST HOME CO'S PART OF SUBURBAN GARDENS, SEC.'S 3 & 4,
T.C.R.R. SURVEY AND SEC. 82, H. T. & B. R. R. CO. SURVEY & OBEDIAH PITTS SURVEY,
a subdivision of record in Volume 2, Page 99 of the Plat Records of Brazoria County, Texas
(B .C.P.R.) also being on the common line of the aforementioned T.C .R.R. Co. Survey, Section 4 and
the Dupuy and Roberts Survey;
THENCE, SOUTHERLY, 782 feet, more or less, along the common line of said Lots 3 and
4, to a point for comer on the southe~y right-of-way line of Farm to Market Road 2234, 160 feet
wide;
THENCE, EASTERLY, 998 feet, more or less, along said southerly right-of-way line and
its easterly extension, to a point for comer on the west line of the J. Crawley Survey, Abstract 174,
Brazoria County, Texas;
THENCE, SOUTHERLY, 3482 feet, more or less, along the west line of said J. Crawley
Survey to a point for comer on the centerline of Hughes Ranch Road, also being the southwest
comer of said J. Crawley Survey;
THENCE, EASTERLY, 421 feet, more or less, along the southerly line of said J. Crawley
Survey and along said centerline of Hughes Ranch Road, to a point for comer on the centerline of
State Highway 288;
THENCE, SOUTHERLY, 2426 feet, more or less, along said centerline of State Highway
288 to a point for comer on the easterly extension of the south line of that certain called 202.51 acre
tract described in Clerk's File No. 98-022936, Official Records, Brazoria County, Texas
(B. C. O. R.);
THENCE, WESTERLY, 2588 feet, more or less, along said easterly extension and the south
line of said 202.51 acres, to apoint for comer on the common line of aforementioned William Morris
Survey and the T.C.R.R. Co. Survey, Section 4, also being on the east line of Block 17 of the
aforementioned ALLISON-RICHEY GULF COAST HOME CO'S PART OF SUBURBAN
GARDENS;
THENCE, SOUTHERLY, 370 feet, more or less, along said common survey line and the east
line of said Block 17, to a point for comer, same being the southwest comer of said William Morris
Survey and an interior comer of said T.C.R.R. Co. Survey, Section 4;
THENCE, SOUTHERLY, 2520 feet, more or less, along the east line of Blocks 17, 18 and
19 and the west line of Blocks 20 and 21 of said ALLISON~RICHEY GULF COAST HOME CO 'S
PART OF SUBURBAN GARDENS, to a point for comer on the southerly line of County Road 92,
40 foot wide, a dedicated road as shown on aforementioned ALLISON-RICHEY GULF COAST
HOME CO'S PART OF SUBURBAN GARDENS;
THENCE, WESTERLY, 7090 feet, more or less, along the southerly line of said County
Road 92, to a point for comer on the west line of aforementioned H. T. & B. R. R. Co. Survey,
Section 80 and the east line of the H. T. & B. R. R. Co. Survey, Section 84 (R. B. Lyle),
Abstract 538 in Brazoria County and Abstract 767 in Fort Bend County;
THENCE, NORTHERLY, 20 feet, more or less, along the common line of said H. T. & B.
R. R. Co. Survey, Section 80 and Section 84, to a point for comer, same being the common comer
of said H. T. & B. R. R. Co. Survey, Section 80 and Section 84 and aforementioned H. T. & B. R.
R. Co. Survey, Section 82 and Section 83;
THENCE, WESTERLY, 5280 feet, more or less, along the common line of said H. T. &
B. R. R. Co. Survey, Section 83 and Section 84, to a point for comer on the east line of
aforementioned Franklin Hooper Survey, same being the common west comer of said H. T. &
B. R. R. Co. Survey, Section 83 and Section 84;
THENCE, SOUTHERLY, 158 feet, more or less, along the common line of said H. T. &
B. R. R. Co. Survey, Section 84 and the Franklin Hooper Survey, to a point for comer, same being
the southeast comer of said Franklin Hooper Survey and the northeast comer of the A.B. Langerman
Survey, Abstract 555, Fort Bend County, Texas;
THENCE, EASTERLY, 2636 feet, more or less, along the common line of said Franklin
Hooper Survey and said A.B. Langerman Survey, to a point for comer on the easterly right-of-way
line of Farm to Market Road 521;
THENCE, NORTHEASTERLY, 9667 feet, more or less, along said easterly fight-of-way
line, to a point for comer on the centerline of Clear Creek;
THENCE, NORTHEASTERLY, 1327 feet, more or less, along the centerline of Clear Creek
to a point for comer on the aforementioned southerly right-of-way line of Farm to Market Road
2234;
THENCE, SOUTHEASTERLY, 1519 feet, more or less, along said southerly right-of-way
line to a point for comer on the of Fort Bend and Brazoria County line;
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THENCE, NORTHEASTERLY, 577 feet, more or less, along said county line, to a point for
comer at the common comer of Brazoria, Fort Bend and Harris Counties;
THENCE, NORTHEASTERLY, 2426 feet, more or less, along the of Brazoria and Harris
County line, to a point for comer in the aforementioned centerline of Clear Creek;
THENCE, EASTERLY, 8250 feet, more or less, along the centerline meanders of Clear
Creek to a point for comer on the northerly line of aforementioned Lot 3, Block 10 of said
ALLIS ON-RICHEY GULF COAST HOME CO'S PART OF SUBURBAN GARDENS, same being
on the aforementioned common survey line of the T. C. R. R. Co. Survey, Section 4 and the Dupuy
and Roberts Survey;
THENCE, EASTERLY, 453 feet, more or less, along said north line of Lot 3, Block 10 and
said common survey line to the POINT OF BEGINNING and containing 3305 acres, more or less.
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