R99-074 09-27-99RESOLUTION NO. R99-74
A RESOLUTION OF THE CITY COUNCIL OF PEARLAND, TEXAS,
AUTHORIZING CITY OF PEARLAND PUBLIC IMPROVEMENT DISTRICT
NO. ONE (SHADOW CREEK RANCH).
Section 1.
correct.
Section 2.
WHEREAS, the City of Pearland (the "City") is authorized pursuant to TEEX. LOCAL
GOV'T CODE, ch. 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 a portion of the Property; and
WHEREAS, the City Council 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, pursuant
to Resolution No. R99-73, made certain findings as required by Chapter 372, including a
finding that the PID improvements are advisable; and
-WHEREAS, based upon such findings, the City Council has determined that the PID
should be authorized; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
The facts recited in the preamble hereto are found to be true and
City of Pearland Public Improvement District No. One is hereby
authorized and is hereby created over the area described in Exhibit A. The appropriate
officers and employees of the City are hereby authorized and directed to take all steps
RESOLUTION NO. R99-74
necessary to carry out the function and purposes of the PID, including the formulation of
the Service and Assessment Plan of the PID in cooperation with the PID's petitioners. The
improvements described in the petition are found to be advisable and will substantially
benefit the Property.
Pursuant to the terms of the Petition, no PID assessments shall be levied against
land subject to Section 10 thereof without the written consent of the beneficiary(ies) of the
applicable instrument(s) described therein; provided that, consent shall be required only
to the extent that such beneficiaries (i) have an ownership interest in the applicable Land,
or (ii) the applicable land is subject to such instrument(s).
Section 3. Publication Authorized. The City Secretary is hereby authorized and
directed to cause this Resolution to be published in a newspaper of general circulation
within the City as required by § 372.010(b) of Chapter 372.
Section 4. 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
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.
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RESOLUTION NO. R99-74
Section 5.
upon its publication as required by Section 3, above.
PASSED, APPROVED, and ADOPTED this the~rT~hd ~%1:~r
ay of ~.
TOM(~<~'Y'F~ .
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Effective Date. This Resolution shall become effective immediately
,1999.
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Exhibit A
Being 3305 acres of land, more or less, located in the Dupuy and Roberrs 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 north 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 southerly 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 a point 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;
THENCii, 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 right-of-way
line, to a point for comer on the centerline of Clear Creek;
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THENCE, NORTHEASTERLY, 1327 feet, more or less, along the centerline of Clear Creek
to a point for comer on the aforementioned southerly fight-of-way line of Farm to Market Road
2234;.
THENCE, SOUTHEASTERLY, 1519 feet, more or less, along said southerly fight-of-way
line to a point for comer on the of Fort Bend and Brazofia County line;
THENCE, NORTHEASTERLY, 577 feet, more or less, along said county line, to a point for
comer at the common comer of Braz0ria, 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 aforemention centerline of Clear Creek;
THENCE, EASTERLY, 8250 feet, more or less, along the cente~ine meanders of Clear
Creek to a point for comer on the northerly line of aforementioned Lot 3, Block 10 of said
ALLISON-RICHEY GULF COAST HOME CO 'S PART OF SUBURBAN GARDENS, same being
on the aforementioned cormnon 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 noah 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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