R99-086 10-25-99RESOLUTION NO. R99-86
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY
MUNICIPAL UTILITY DISTRICT NO. '19 OF A 77.290 ACRE TRACT, A
40.00 ACRE TRACT, A '19,66 ACRE TRACT, AND A 46.9235 ACRE
TRACT, LOCATED WITHIN THE CITY LIMITS OF PEARLAND.
WHEREAS, Brazoria County Municipal Utility District No. 19 ("District") is
located within the City of Pearland, Texas ("City"); and
WHEREAS, the City consented to the creation of the District by Ordinance
No. 860, 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 the City grants its
written consent, by resolution or ordinance, to the inclusion of the land within a district;
and
WHEREAS, the District proposes residential development which requires the
construction, acquisition, maintenance, and operation of an adequate waterworks and
sanitary sewer system and a drainage and storm sewer system; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
All of the matters and facts set forth in the preamble hereof are true
Section '1.
and correct.
Section 2.
The "Petitions for Consent to Include Additional Land in Brazoria
County Municipal Utility District No. 19" are attached hereto as Exhibits, "A", "B", "C",
and "D", and made a part hereof for all purposes.
RESOLUTION NO. R99-86
Section 3. The City Council of the City of Pearland, Texas, hereby specifically
gives its written consent to the annexation of the Property into the District conditioned
upon the terms set forth in Ordinance No. 860 and Chapter 30, Article IV, Water and
Sewer Districts, of the City of Peadand Code of Ordinances.
Section 4. This Resolution shall take effect immediately from and after its
passage in accordance with the provisions of the Charter of the City of Peadand and
it is accordingly so resolved.
PASSED, APPROVED
October A.D., 1999.
and ADOPTED this the 25th day of
TOM REID
MAYOR
ATTEST:
(.~III-Y SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
2
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 Brazoda County Municipal Utility District No. 19 (the
"District"), and Donmar Developments L.L.C. (the "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 Peadand, 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.
I1.
The Petitioner holds fee simple title to the Land sought to be annexed to the District, as
indicated by the tax rolls of Brazoria County, Texas.
Ill.
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 Peadand, 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.
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 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 commercial 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 pur-
chase, 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.
Eileen Phalen McBride, Thomas E. Phalen, William Phalen and James A. Phalen, Jr. are the
only lienholders on the Land.
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 District's facilities to serve the Land sought to be annexed is $2,710,000 and that the cost
of extending 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 PAGE FOLLOWS]
::0 D MA~SOFTSO L',311 \VEH 0 U09\93187~0 -2-
RESPECTFULLY SUBMiTTEDthis~/"-'~' day of ~t.~ ,1999,
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT
NO. 19
Charles Kaufmann /
President, Board of Directors
ATTEST:
(SEAL)%
DONMAR DEVELOPMENTS L.L.C.,
a Texas limited liability company
By: ~ ~~-~
Name:(/// ~- .~-~/~ /
::ODMA\SOFTSOL~311\VEHOU09~93187~0 -3-
THE STATE OF TEXAS §
COUNTY OF HARRIS §
This instrument was acknowledged before me on thi~ay Ofof~L~'l,relcgt~
by Charles Kaufmann as President, and Richard K. Mclnnis as Sec e ary, '
of Brazoria County Municipal Utility District No. 19. a political subdivision of the State of Texas, on
behalf of said political subdivis?~n.
(NOTARY SEAL)
Public, S~ate of T
THE STATE OF TEXAS §
COUNTY OF HARRIS §
by
limited liability company, on behalf of said company.
.-';~ ~ ';.'~,;._'~ UZ MONTOYA
~-.~"~,~*- Notarypubl~cStateofTexas ~
~,.~.~ .
~ >.Z~;~.~ My Comm~ssmn Expires 03-03-01 ~
(NOTARY SEAL)
.This inst[ument was acknowledged before me on this ~1 day of ~Zcd3J- , 1999,
{'~ ~/~ f'~ as President of Donmar Developments L.L.C,, a Texas
taw Pubhc, State of Texas
-4-
::ODMA~SOFTSOL~I 1 ~VEHOU09',9318Tt0
Original ISSUe Date:
October 1§, 1998
Revised September 21,
Metes And Sounds Description
Of 77.~90 Acre~ of
Out Of The ~,T. & R.R. Survey,
Ail that certain 77.290 acres of land b.ing out of Section t4. of
the H.T. & R.R. survey, A-909, Brazoria Caunt
~ore particularly des~rib~ 4 ..... Y, TeRns and b~in
Map R~cords). recorded under Volume 17, Pa~e 135, Srazoria County
Co,ending at a 1" fro~ pi~e found markin~ ~he northeast ~ornmr
iron rod found
· arki~g the southeast corner of said we
Vii~ag,, Section 1; Thence S 87 2t 08 W - 2,~59.95' to a 1/2"
irO~ rod ~ , . stWood
found marking southwest corne~ 0~ W~stwood
$eot~om 5: Thence S 870 17' 0~" W - 70.00' to a 5/8" iron rod set
marking tho northeast corner and th~ P0~NT OF BEgINNiNG of the
herein de$ortbed tract;
THENCE 5 02~ 35' 13" E - 1,290.00' along the east line of the her~in
of t~e herein described ~ract;
T~ENCE S 87~ 12' 04" ~ - 2,610.00' alon~ the so,th line of
herein described ~rao~ tO a 5/8" iron rod set ~arktng the southw~s~
corner of the herein described tract;
THENCE N 020 35' ,16" W .at 03.68' pas~ing a 1" ~ .... :- -
found marklng the northweet o~rner o2 the herein de~cribed tract~
T~ENOE N 87~ 11' ~6" E alon~ the south line ~ 130.60',81.92, to the
left found a s/8"irom rod, ~ 1620.00',8S.18' to the le~t found
S/8"iron rod ~ 2,477.77',86.98',~o the left ~ound a 5/8"iron rod
~ 2,600.o7', 1,319.21 to th~ le~t found a l"iron pipe and
con~inuing aIong the south of SPringfield Subdivision ~o= a total
distance 2,610.02' to tho northeast corner and the POINT OF
BEOINNINO o~ the herein doscribed tract and containing 77,290 acres
(3,366,758 Square feet) of land;
com~ 1 ed s~: /~ :', '"' '.
Job No i01-21-209 ,'.~ '~
certification Date:
SeDtember 2i, 1999
LAST CERTiFiED ON SEPTEMSER 21, 1999.
INC.
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 ofthe
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 Distdct
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 Buver 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.
::ODMA',SOFTSOL~I I',VEHOU09\93187',0 -6-
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 certif~ 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 into said
DiStrict that was filed with the Board of Directors of the District on ~ O/'f ,,, 1999,
WITNESS My HAND AND SEAL OF SAID DISTRICT thi~C'~day of ~'
1999.
Richard K. ~clnnis
Secretary, Board of Directors
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"), Linda Mallynn Tisdale, Charles Mallynn, III, and Thomas Abbott Mallynn, the owners of the land
hereinafter described and LinGo Properties, Inc. which has entered into an earnest money contract to
purchase all of the Land and desires to be considered a Petitioner for the Petition of Addition of Certain Land
to Brazoda County Municipal Utility Distdct No. 19 (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 wdtten consent to the annexation by the Distdct 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.
II.
The Petitioners hold fee simple title to the Land sought to be annexed to the District, as
indicated by the tax rolls of Brazoria County, Texas.
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 see., 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.
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 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 commercial 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 pur-
chase, 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.
There are no lienholders on the Land.
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 District's facilities to serve the Land sought to be annexed is $2,045,000 and that the cost
of extending the District's facilities to serve the Land sought to be annexed will not exceed the current
bonded authorization limit of the District.
WHEREFORE, the undersigned respectfully pray that this petition be heard and granted in all
respects and that the City of Pearland, Texas, give its written consent to the annexation of the Land into
the District.
[EXECUTION PAGES FOLLOW]
::O D MA\SO FTS OLd311 \VEH OU0g\93413'~ -2-
ATTEST:
~ , ~.. ~,'. '- ......... ..'
RESPECTFULLY SUBMITTEDthis('-~ day of.~~,L~ , 1999.
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT
NO. 19
pC ~ea~';: n tK, agfor~ ~d~ on f ~i r e-~ct o-r s /
PETITIONERS:
LINDA MALLYNN TISDALE/
ATTEST:
LINGO PROPERTIES, INC.,
a Texas corporation
(Earnest ~oney Contract Holder)
N a m e: ~¢..~'. ~',~,,~
THE STATE OF TEXAS §
COUNTY OF HARRIS §
· -~¢L.~ ~, 1999,
This instrument was acknowledged before me on thi~/~ day of
by Charles Kaufmann as President, and Richard K. Mclnnis as Secretary, of'{h~ board of Directors
of Brazoda County Municipal Utility District No. 19, a political subdivision of the State of Texas, on
behalf of said political subdivision.
k,..._~a~ Public, State of Texas
THE STATE OF TEXAS §
COUNTY OF HARRIS §~_day ~
This instrument was acknowledged before me on o 1999, by
¢..
Linda Mallynn Tisdale.
' ~~E.E,,~.M?ICH-ST~S ~ (.~tary Public, State-of Texas
- ~ta~ Pul)llc, State of Texas
( NOTARY :$~,sslon E~i~es 04-25.2o02 ~
THE STATE OF TEXAS §
COUNTY OF HARRIS § i.~u .~,~(.~
This instrument was acknowledged before me on this ,;'~ '~lday of ~'-( 'm
Charles Mallynn, IlL
(NOTARY SEAL)
,1999, by
Notary Public, State of Texas
THE STATE OF TEXAS §
COUNTY OF HARRIS § "~-~ "-'
This instrument was acknowledged before me on thin'day o 999, by
Thomas Abbott Mallynn.
Notary Public, State of Texas
THE STATE OF TEXAS §
COUNTY OF HARRIS §
~ A _This i,n. stru. ment was acknowledged before me on this4~"day of-~'~/'/~
)resident ~fLinuo ~rope~ies, inc., a Texas corpo~tion, on behalf of said corporation.
No{ary Public, ~tat~ ~f ¥~l~as
(NOTARY SEAL)
,1999, by L.F.Goza
· NIBIT/
DESCRIFFION
Of 40.0000 acres or 1,742,400 square feet of land being all of Lots 41, 42, 51 and 52 of the
Allison-Richey Gulf Coast Home Co. Subdivision of Section 85, H. T. & R.R. Survey, Abstract
304, Brazofia County, Texas, recorded in Volume 2, Pages 107 and 108 ofthePlat Records of
Brazona County, Texa~ smd 40.0000 acres of land being more particularly described by metes
and bounds as follows; (bearings based on the South Right-Of-Way of County Road 403 to be
due East, recorded said Allison-Richey Gulf Coast Home Co. Subdivision)
BEGINNING at a point marking a common comer between the Northwest comer of said Lot 41
and the Northeast comer of Lot 31 of said Allison-Richey Gulf Coast Home Co:Subdivision,
same being in the North line of said H. T. & R.R. Co., Survey, same point in the intersection of
County Road 403 and County Road 93 OF Brazoria County, Texas;
TITIr, NCE East, along said North line and a common line between said Lot 41 and 51, a distance
of 1,760.00 feet to a point for comer, said point marking the Northeast comer of said H. T. &
1LR. Co. Survey and said Lot 5 l;
TlllgNCE South 00001'06'' East, along a common line between the East line of said H. T. & R.R.
Co. Survey and the Southerly West line of ri. T. R.R. Co. Survey and the East line of said Lots
51 and 52, passing at a distance of 20.00 feet a 5/8 inch iron rod found in the South Right-Of-
Way of said County Road 403, said passing point marking the Northwest comer of Hickory Place
Subdivision, and eontinffmg for a total distance 990.00 feet to a concrete monument found for
comer, same being a common comer between the Southeast comer of said Lot 52 and the
Northeast comer of Somersetshire Estates, recorded in Volume 16, Pages 283 & 284 of the Plat
Records of Brazofia County, Texas and the Southwest comer of said Hickory Place Subdivision;
THENCE West, along the common line of said Lots 52 and 42 and the North line of said
Somersetshire Estates, passing at a distance of 1,740.00 feet a IA inch iron pipe found in the East
Right-Of-Way of said County Road 93 and continuing for a total distance of 1,760.00 feet to a
point for comer in 1;he said County Road 93;
Page l of 2
DESCRIPTION CONTINUED
TI:IENCE North 00°01'06" West, along the West line of said Lots 42 and 41, said line being in
said County Road 93, a distance of 990.00 feet to the PLACE OF BEGINNING, containing
within these calls 40.0000 acres or 1,742,400 square feet of land.
WITNESS MY HAND AND SEAL THIS 18Tlt DAY OF AUGUST, 1999.
J. GARLYN RAINWATER
Registered Professional Land SUrveyor No. 4722
FOSTER-RAINWATER & ASSOCIATES SURVEYING
4202 ALLEN ROAD
PEARLAND, TEXAS 77584
PHONE: (281)489-0189
FAX:(281)489-0404
JOB No. 99063
C:\99FILES\99053\99063.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 dght to redeem said bonds on any date subsequent to the fifteenth (15th) anniversary
of the date of issuance (or any earlier date at thediscretion 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 Dailv 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 Peadand.
::ODMA\SOFTSOL~31 I~VEHOU09\93413\0
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 into said
District that was filed with the Board of Directors of the District on~~G)~ ,, 1999.
wITNEsS MY HAND AND SEAL OF SAID DISTRICT this d~ ~:¢ay of..~ ~,
1999.
Richard K. 'Mclnnis x
Secretary, Board of Directors
EXHIBIT
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 Brazoda County Municipal Utility Distdct No. 19 (the
"District"), and TTT&B, Ltd. (the "Petitioned'), 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 Peadand, Texas, for its written consent to the annexation by the Distdct 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,
II.
The Petitioner holds fee simple title to the Land sought to be annexed to the District, as
indicated by certified deeds as recorded in the Official Records of Brazoria County, Texas.
Ill.
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 e__t 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.
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 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 commercial 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 pur-
chase, 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.
Coastal Banc ssb, C. Travis Traylor, Jr. and Champion T. Traylor, III are the only lienholders
on the Land.
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 District's facilities to serve the Land sought to be annexed is $850,000 and that the cost
of extending 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 alt
respects and that the City of Pearland, Texas, give its written consent to the annexation of the Land into
the District.
[EXECUTION PAGE FOLLOWS]
RESPECTFULLY SUBMITTED this,_'~
day of ~t.~ ,1999.
ATTEST:
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT
NO. 19
aufm~nn "'~- 7- --
President, Board of Directors /
Richard
Secretan
(SEAL)
TT&B, LTD.,
a Texas limited partnership
By: JNB&R, LLC.,
a Texas limited liability company, its general partner
~hn N. '~a~t,or/
~xec.~ M~tager
::OD MA\SO FTS OL\31 I\VE HO U09\93446V) -3-
THE STATE OF TEXAS §
COUNTY OF HARRIS §
This instrument was acknowledged before me on thi~_~_ day of~~ , 1999,
by Charles Kaufmann as President, and Richard K, Mclnnis as Secretary, of th~Board of Directors
of Brazoria County Municipal Utility District No. 19, a political subdivision of the State of Texas, on
behalf of said political subdivision.
State of Texas
THE STATE OF TEXAS §
COUNTY OF '~h rc~ §
This instrument was acknowledged before me on this')-'~ day of ~'C'~"-~AG('~'z- , 1999,
by John N. Taylor as Executive Manager of JNB&R, L.L.C., a Texas limited liability company and
general partner of TTT&B, Ltd., a Texas limited partnership, on behalf of said company.
Notary Public, State of Texas
(NOTARY SEAL)
EXHIBIT
DESCRIPTION
Of 4.8272 acres or 210,273 square feet of land being out of the North V2 of Lot 34 of Allison-
Richey GuffHome Company Suburban Gardens Subdi,Asion, Section 85, H.T.&BR.R. Company
Survey Abstract 304, Brazoria County, Texas as recorded in Volume 2, Page 107-108 Plat
Records Brazoria County, Texas, out of~e same tract of land described in a deed to Lavon E~
Swagger Sr., et ux, recorded in Volume 112T Page 349, of the Deed Records Brazoria County,
Texas, said 4.8272 acres being more particularly described by meles and bounds as follows;
COMMENCING at a point in the East line of Lot 31, common with the projected South Right-
Of-Way line of County Road 403 (70 foot wide Right-Of-Way), from said point a 5/8 inch iron
rod was found marldng the South Right-Of-Way line of County Road 403 with the West Right-
Of-Way line of County Road 93 (variable width Right-Of-Way) bearing North 89%8'10" West,
30.00 feet;
THENCE South 00 °00'28" West, along the East line of Lots 3 I, 32 and 33, a distance of 970.15
feet to a point for the Northeast comer of said Lot 34;
THENCE North 89° 58~ 10" West, along the common line of Lots 33, and 34, a distance of 30.00
feet to a 5/8 inch iron rod set in the West Right-Of-Way line of County Road 93 for the PLACE
OF BEGINNING of the herein described tract;
THENCE South 00000'28'' West, along the West Right-Of-Way line of said County Road 93 a
distance of 247.51 feet to a 5/8 inch iron rod set for comer in the North line ora tract of land
described in a deed to Frank D: Brink, recorded in County Clerk's File No. 95-006665 Official
Public Records. Brazoria County, Texas;
THENCE North 89°58'10'' West, along the common line of said Lavon Swagger Sr., et ux tract
and Frank D. Brink tract, a distance of 849.54 feet to a 5/8 inch iron rod set for comer in the East
line of lot Lot 24;
THENCE North 00°00'35" East, along the common line of Lots 24 and said Lot 34, distance of
247.51 feet to a 5/8 inch iron md found for the common comer of Lot 34, Lot 33, Lot 24, and
Lot 23;
Page 1 of 2
DESCRIPTION (CONThNUED)
THENCE South 89°58'10'' East, along the common line of said Lot 33, and 34 a distance of
849.54 feet to the PLACE OF BEGINNING of the herein described tract and comaining within
these calls 4.8272 acres or 210,273 square feel~ of land.
WITNESS MY HAND AND SEAL Tills TIlE 30Til DAY OF SEPTEMBER, 1999.
~'~./G/AR~Y lq ~Za~[NV~ATER
~/Registered Professional Land Surveyor No. 4722
FOSTER-RAINWATER & ASSOCIATES SURVEYING
4202 ALLEN ROAD
PEARLAND, TEXAS 77584
PHONE:(281)489-0189
FAX:(281)489-0404
JOB NO.98030
Office\WpwinX98files~98030.WPD
PAGE 2 OF 2
FIELD NOTE DESCRIPTION
OF LOT 22 OF THE ALLISON-RICHEY GULF COAST HOME COMPANY
SUBDIVISION, BEING A PART OF SUBURBAN GARDENS, SITUATED IN THE H.
T. & B. RAILROAD COMPANY SURVEY, ABSTRACT 304, BRAZORIA COUNTY,
TEXAS. ACCORDING TO THE PLAT OR MAP THEREOF, RECORDED IN VOLUME 2,
PAGE'S 107 AND 108 OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS.
MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCE AT A 5/8" IRON ROD FOUND IN THE SOUTH LINE OF COUNTY ROAD
403 AND CENTERLINE OF A 40' WIDE DEDICATED ROAD (UNIMPROVED) THAT
BEARS S. 00°01'50'' W., 20.00' FROM THE ORIGINAL COMMON CORNER OF
LOT 11 AND LOT 21 OF AFORESAID SUBDIVISION. SAID POINT ALSO BEARS
N. 89°55'30" W., 1730.00' FROM A 5/8" IRON ROD FOUND IN TME SOUTH
LINE OF COUNTY ROAD 403 BASED ON 70' WIDTH AND THE WEST LINE OF
COUNTY ROAD 93 BASED ON 60' WIDTH. THENCE S. 00°01'50'' W. ALONG THE
CENTERLINE OF SAID 40' ROAD AND COMMON LINE OF LOT 11 AND LOT 21 A
DISTANCE OF 475.00' TO A 5/8" IRON ROD SET AT THE COMMON CORNER OF
LOT'S 11, 12, 21 AND 22 MARKING THE NORTHWEST AND BEGINNING CORNER
OF HEREIN DESCRIBED LOT 22.
THENCE S. 89°55'30" E. WITH THE COMMON LINE OF LOT~S 21 AND 22
A DISTANCE OF 880.34' ( CALLED 880.00') TO A 5/8" IRON ROD SET
MARKING THE COMMON CORNER OF LOT'S 21, 31, 32 AND 22.
THENCE S. 00°00'37'' E. WITH THE COMMON LINE OF LOT 32 AND LOT
22 A DISTANCE OF 495.00' TO A 5/8" IRON ROD SET MARKING THE COMMON
CORNER OF LOT'S 32, 33, 22 AND 23.
THENCE N. 89*55'30" W. WITH THE COMMON LINE OF LOT'S 22 AND 23
A DISTANCE OF 880.69' (CALLED 880.00') TO A 5/8" IRON ROD SET IN
THE CENTERLINE OF AFORESAID 40' ROAD AND COMMON CORNER OF LOT'S 12,
13, 22 AND 23.
THENCE N. 00°01'50" E. ALONG THE COMMON LINE OF LOT'S 22 AND
12 AND CENTERLINE OF SAID 40' ROAD A DISTANCE OF 495.00' TO THE
POINT OF BEGINNING OF HEREIN DESCRIBED TRACT. CONTAINING 10.0058
ACRES. LESS 0.2273 ACRE IN 40' ROAD, LEAVING 9.7785 ACRES NET.
SUBJECT TO 0.6250 ACRE IN BRAZOS VALLEY RICE CO. 75' RIGHT-OF-WAY.
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 Brazoda County Municipal Utility District No. 19 (the
"District"), and Sowell Property Partners-Pearland, LP. (the "Petitioner"), acting pursuant to the
provisions of Chapter 49, Texas Water Code, particularly Sections 49.301(a)-49.301(0, 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.
II.
The Petitioner holds fee simple title to the Land sought to be annexed to the District, as
indicated by certified deed as recorded in the Official Records of Brazoria County, Texas.
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 Peadand, 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.
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 purposes, is urban in
nature, is within the growing environs of the City of Pearland, Texas, is in close proximity to populous
and developed se~:tions of Brazoria County, and within the immediate future will experience a
substantial and sustained commercial 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 pur-
chase, 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.
First Continental Investment Co., Ltd. is the only lienholder on the Land.
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 District's facilities to serve the Land sought to be annexed is $1,403,000 and that the cost
of extending 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 PAGE FOLLOWS]
::OD MA,~SO FTS OLd311 ~,VE HO U09~3393~0 -2-
RESPECTFULLY SUBMITTED this (~? day of ,1999.
ATTEST:
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT
NO. 19
Dan'e C. ag
Vice President, Board of Dil~ctors
(SEAL)
ATTEST:
Title:
SOWELL PROPERTY PARTNERS-PEARLAND, L.P.,
a Texas limited partnership
By:
Sowell Property Company-Pearland, Inc.,
a Texas corpo~on/~ts general partner
I
By: ~%--'],~ ~ ,,, ~,
( J~mes S. Cornelius
"~e President
::O DMA~S OFTSOL",31 l'~VEHOU09~93393~0 -3-
THE STATE OF TEXAS §
COUNTY OF HARRIS §
This instrument was acknowledged before me on this~ day of 1999,
by Daniel C. Wagner as Vice President, and Richard K. Mclnnis as Secretary, of the Board of
Directors of Brazoria Count
Texas, on behalf of said ?_o
Noary publi~, State of Texas
My Commission Expires
AUGUST 31, 2000.
Municipal Utility District No. 19, a political subdivision of the State of
:al subdivision.
~ot~ P~tat'e f Te~xas
THE STATE OF TEXAS §
COUNTY OF HARRIS §
This instrument was acknowledged before me on this c~(;I day of ~- .,2P~c-*~r~v~.c ~ ,
1999, by James S. Cornelius as Vice President of Sowell Property Company-Pentland, Inc., a
Texas co~ ~oration and general partner of Sowell Property Partners-Peadand, L.P., a Texas limited
partnersh on behalf of said corporation.
Oetobar 14, 2002 Notary Publi~State of Texas
(NOTAR~ ~EALJ
::O DMA\S OFTSO L~I I'~VE H 0 U09\933~3'~ -4-
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 into said
District that was filed with the Board of Directors of the District on ~ C~, 1999.
WITNESS MY HAND AND SEAL OF SAID DISTRICT this (~' day of ~
1999.
Richard K. i~clnnis
Secretary, Board of Directors
;;ODMA\SOFTSOL'~I 1WEHOU09\93393~0
Exhibit q~ Page 1 of ~2_ Pages
County: Brazoria
Project: Clear Creek Park
G.B.I. No.: 991032
Job Number: 990818
FIELD NOTES FOR 46.9235 ACRES
Being a tract of land containing 46.9235 acres, located in the Thomas J. Green Survey, Abstract
198, in Brazoria County, Texas; Said 46.9235 acre tract being a portion ora called 136.955 acre
tract of land recorded in the name of W. J. Dissen in Volume 505, Page 86, of. the Deed Records
of Brazoria County (B.C.D.R.); Said 46.9235 acre tract being more particularly described by
metes and bounds as fol[pws (bearings are based on the description recorded in Volume 505,
Page 86, B.C.D.R.):
Commencing from the southwest comer of said 136.955 acre tract, said comer also being the
most westerly comer of the southerly terminus line of a 65-feet wide strip of land recorded in the
name of City of pearland in Brazoria Cotmty Clerk's File (B.C.C.F.) Number 95-042077, and
being the most easterly comer of the southerly terminus line of a 65-feet wide strip of land
recorded in the name of City of Pearland in Clerk's File Number 95-008361;
Thence, with the common line of said 65-feet wide tracts, North 45 degrees 52 minutes 02
seconds East, a distance of 1603.27 feet;
Thence, leaving said common line, South 44 degrees 07 minutes 58 seconds East, a distance of
65.00 feet to a 5/8-inch iron rod found on the easterly line of said 65-feet wide tract and the
Point of Beginning of the herein described tract of land;
Thence, with said easterly line, North 45 degrees 52 minutes 02 seconds East, a distance of 1956.30
feet to a 5/8-inch iron rod set;
Thence, leaving said easterly line, through and across the aforesaid t36.955 acre tract the following
eleven (11) courses;
South 44 degrees 07 minutes 59 seconds East, a distance of 505.84 feet to a 5/8-inch
iron rod set;
South 38 degrees 17 minutes 33 seconds East, a distance of 92.47 feet to a 5/8-inch
iron rod set;
3. South 26 degrees 44 minutes 47 seconds East, a distance of 88.59 feet to a 5/8-inch
iron rod set;
Exhibit Page 2 of 2 Pages
South 15 degrees 33 minutes 34 seconds East, a distance of 224.14 feet to a 5/8-inch
~ron rod set;
South 01 degrees I6 minutes 20 seconds West, a distance of 314.26 feet to a 5/8-inch
iron rod set;
South 24 degrees 20 minutes 15 seconds West, a distance of 195.50 feet to a 5/8-inch
~ron rod set;
South 47 degrees 19 minutes 02 seconds West, a distance of 175.27 feet to a 5/8-inch
~ron rod set;
South 32 degrees 45 minutes 12 seconds West, a distance of 198.64 feet to a 5/84nch
~ron rod set;
South 18 degrees 36 minutes 11 seconds West, a distance of 325.81 feet to a 5/8-inch
~ron rod set;
10.
South 50 degrees 15 minutes 19 seconds West, a distance of 222.85 feet to a 5/8-inch
iron rod set;
11.
South 33 degrees 21 minutes 58 seconds West, a distance of 80.74 feet to a 5/8-inch
iron rod set, on the northeasterly line ora 90 foot wide drainage easement as recorded
in Volume (87)496, Page 776, B.C.D.R.;
Thence with said northeasterly easement line, the following two (2) courses;
North 46 degrees 43 minutes 39 seconds West, a distance of 136.68 feet to a 5/8-inch
iron rod set;
South 73 degrees 46 minutes 29 seconds West, a distance of 37.18 feet to a 5/8-inch
iron rod found;
Thence, North 62 degrees 50 minutes 52 seconds West, a distance of 1275.40 feet to the Point of
Beginning and containing 46.9235 acres of land.
GENE BAKER, 1NC.
Ph: (713) 413-1900
Date: April 29, 1999
991032