Ord. 0954 02-28-00ORDINANCE NO. 954
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY
MUNICIPAL UTILITY DISTRICT NO. 18 OF 324.6482 ACRES OF LAND.
WHEREAS, Brazoria County Municipal Utility District No. 18 ("District") is located
within the corporate limits of the City of Pearland, Texas ("City"); and
WHEREAS, the City consented to the creation of the District by Ordinance No. 884
dated November 9, 1998; and
WHEREAS, Section 54.016, V.T.C.A., Water Code, as amended, provides that no
land within the corporate limits of a city or within the extraterritorial jurisdiction of a city,
shall be included within a municipal utility district unless such city grants its written consent,
by resolution or ordinance, to the inclusion of the land within the district; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. All of the matters and facts set forth in the preamble hereof are true
and correct.
Section 2. The "Petition for Consent to Include Additional Land in the City of
Pearland and in Brazoria County Municipal Utility District No. 18" (the 'Petition") is attached
hereto as Exhibit "A" and made a part hereof for all purposes.
Section 3. The City Council of the City of Pearland, Texas, hereby specifically
gives its written consent to the annexation of the 324.6482 acres described in the Petition
and the exhibits attached hereto, into the District conditioned upon the terms set forth in
Ordinance No. 884 and Chapter 30, Article IV, Water and Sewer Districts, of the City of
Pearland Code of Ordinances.
1
ORDINANCE NO. 954
Section 4. This Ordinance shall take effect immediately from and after its
passage in accordance with the provisions of the Charter of the City of Pearland and it is
accordingly so resolved.
PASSED, APPROVED and ADOPTED this the 28th day of February
A.D., 2000.
ATTEST:
UNG L
Y SE 'r ARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
2
TOM REID
MAYOR
RATIFICATION OF AND JOINDER TO PETITION
FOR ANNEXATION OF CERTAIN LAND INTO THE CITY OF PEARLAND
AND
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 18
WHEREAS, that certain instrument which is attached hereto
as Exhibit "A" (the "Petition") was, as of the date thereof,
executed by the owners and holders of title to all of the lands
described therein (the "Petitioner"); and
WHEREAS, in the Petition, the Petitioner has requested the
Honorable Mayor and the City Council of the City of Pearland
(the "City") to approve of and to grant the Petition for the
inclusion of such lands into the City, and immediately upon such
annexation into the City, then grant its consent to include such
lands into Brazoria County Municipal Utility District No. 18
(the "District") upon and subject to the terms and conditions
set forth in the Petition; and
WHEREAS, pursuant to subsequent agreement with the
Petitioner, the undersigned has acquired fee simple title to all
or a portion of the lands described in the Petition, and desires
to ratify the Petition and to evidence its consent to the
annexation of such lands into the City and the District;
NOW, THEREFORE, for and in consideration of the premises,
the undersigned does hereby ratify, confirm, adopt, join in and
consent to each and every request and prayer contained in the
Petition, and agrees and acknowledges that the present and
future real property interests of the undersigned, and its
successors and assigns, in and to the lands described in the
Petition shall be bound by and benefit from the annexation of
such lands into the City and the District to the same extent and
with the same effect as if the undersigned had originally joined
in the execution of the Petition.
LT'
EXECUTED this /3 day of /etrua// , 2000.
GREEN -HOLLOW, LTD., a Texas
limited partnership
By: REMAE, INC., a Texas
corporation, General
Partner
By:
Renee West, President
THE STATE OF TEXAS
COUNTY OF BRAZORIA
This in u ent wa
day of 4e,,,4
President of REMAE,
Partner of GREEN-HOLL
behalf of said limited
r 41T=i�RISTIAN
�
NOTARY PUBLIC
q.+°' xa
f�._ i.omitState EtxpOt. 05te20.2s001
By: H.R./AFTON WOODS, INC., a Texas
corporation Special General
Pa
By: (�rtn-
i
Name: CI3C Kkw
Tit le:.J.t€ fb4Inr,C
s ack .wledged before me on this /D
2000, by Renee L. West,
NC., a Texas corporation and General
, LTD., a Texas :rnu, ted partnership, on
partnership.
THE STATE OF TEXAS §
§
COUNTY OF /t4. jfa> §
Notary Pue is in and for the
Stat= of Texas
This i st ument was acknowledged before me on this
day of Lcca/ 2000, by _ / ice „ ,
of H.R/AFTON WOODS, •., a Texas
corporation and Special General Partner of GREEN-HOL OW, LTD., a
Texas limited partnership, on behalf of said limited
partnership.
NITA CHRISTIAN
B
��-�t*• NOTARY PUpUgLILIC
}r. Staie of Texas
Comm. Exp. 05.20.2001
\0018tAnnex Ratify&JoinderOfPetition-Pearland
Notary •u.
State of Texas
for the
EXHIBIT "A"
PETITION FOR CONSENT TO INCLUDE ADDITIONAL LAND IN THE CITY OF
PEARLAND AND IN BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 18
TO THE HONORABLE MAYOR AND
CITY COUNCIL OF THE CITY OF PEARLAND:
REED -WEST INVESTMENTS, LTD., a Texas limited partnership, ("Petitioner"),
hereby petitions the Mayor and the City Council of the City of Pearland (the "City") for
the annexation into the City of all that certain tract or parcel of land hereinafter
described, so that such land shall be added to, and become a part of the City, and
immediately upon and after the annexation of such parcel of. land into the City,
Petitioner, acting pursuant to the provisions of Section 54.016, Texas Water Code,
respectfully petitions for consent to include such land in Brazoria County Municipal
Utility District No. 18 (the "District"). In support of this petition, Petitioner would
respectfully show the following:
Petitioner is the owner of the property described by metes and bounds in Exhibit
"A" (the "Property") attached hereto and made a part hereof for all purposes, and the
holder of title to a majority in value of such Property, as such values are indicated by the
tax rolls of Harris County, Texas.
II.
The Property, which contains approximately 324.6482 acres of land, more or
less, is less than one-half mile in width, is contiguous with the City and lies wholly within
Harris County, Texas. No part of said area is within the limits of any incorporated City or
Town. The Property is vacant and without residents or fewer than three qualified voters
reside upon the Property.
Under the provisions of Vernon's Texas Civil Statues, Local Government Code,
Section 42.001 et seq., as amended, the Property is within the extraterritorial jurisdiction
of the City and is not within such jurisdiction of any other city. All of the territory to be
annexed may properly be annexed to the District.
t
Iv.
The District, to which the Property is sought to be annexed, exists under the
terms and provisions of Article XVI, Section 59 of the Constitution of Texas and
Chapters 49 and 54, Texas Water Code, as amended and was created by order of the
Texas Natural Resource Conservation Commission dated May 21, 1999. Petitioner is
the sole owner and holder of fee simple title to the land sought to be annexed to the
District, as indicated by the tax rolls of Harris County, Texas. Petitioner represents and
warrants that the lienhoiders consenting to this petition below are the only holders of
liens against the land sought to be annexed.
IV.
In general nature of the work proposed to be done in the area sought to be
annexed shall be the purchase, construction, acquisition, repair, extension and
improvement of land, easements, works, improvements, facilities, plants, equipment
and appliances necessary to:
(1) provide a water supply for municipal, domestic and commercial purposes;
(2) collect, transport, process, dispose of and control all domestic, industrial
or communal wastes whether in fluid, solid or composite state; and
(3) gather, conduct, divert and control local storm water or other harmful
excesses of water in the area.
V.
There is a necessity for the improvements above described for the following
reasons. The area of the District is urban in nature, is within the growing environs of the
City of Pearland, and is in close proximity to populous and developed sections of
Brazoria and Harris Counties. The Property is not supplied with adequate water,
sanitary sewer and drainage facilities and services, nor is it presently economically
feasible for such facilities to be provided to the Property. The health and welfare of the
present and future inhabitants of the District, the property and of territories adjacent
thereto require the installation and acquisition of an adequate water supply and sewage
disposal system and an adequate drainage system for and within the Property. A public
necessity exists for the addition of the Property to the District in order to provide for the
purchase, construction, extension, improvement, maintenance and operation of such
waterworks and sanitary sewer system and such drainage facilities, so as to promote
and protect the purity and sanitary condition of the State's waters and public health and
welfare of the community.
2
VI.
The terms and provisions of the Utility Agreement, including but not limited to
Article V thereof relating to water and wastewater treatment capacity, shall apply to the
Property in the same manner as it applies to other property currently within the
boundaries of the District and Petitioner petitions the City to evidence same in the City
ordinance consenting to the annexation of the Property into the District.
VII.
It is estimated by the Petitioner, from such information as is available at this time,
that the development contemplated within the proposed area to be annexed will be
approximately $29,380,000.00.
WHEREFORE PREMISES CONSIDERED, Petitioner prays that this Petition be
filed with the Secretary of the City; that thereafter this Petition be heard by Mayor and
City Council and granted in all respects; that the Property be added to and become a
part of the City, as provided by law; that immediately after and upon the annexation of
the Property into, the City, the City gives its consent to the annexation of the Property
into said District; and after it has been heard and granted, this Petition and the City
Council's action hereon be filed of record in the office of the County Clerk of Brazoria
County and Harris County, Texas.
3
wik
Dated this the /0 day of
THE STATE OF TEXAS §
§
COUNTY OF BRAZORIA §
Thi
day of
WEST, I
INVES
limited
instrument
a Texas
Si LTD., a
artnership:
, 1999.
RE -WEST INVESTMENTS, LTD.,
a Texas Limited Partnership
BY: MAC -WEST, INC.; a Texas
Corporation, General Partner
By:
NEE L.'WEST, rent
BY: DOVER D
TION,
-Spec
By:
PMENT CORPORA-
s Corporation,
al Partner
Name : Cwt. Ifni
Title: Vier
Petitioner
was acknowledged before me on this /0
, 1999, by RENEE L. WEST, President of MAC -
corporation and General Partner of REED -WEST
Texas limited partnership, on be•..lf of said
NITA CHRISTIAN
NOTARY PUBLIC
State of Texas
Comm. Exp. OS20-2001
Nota P .lic in and for
the
-4-
ate of TEXAS
THE STATE OF TEXAS §
§
COUNTY OF HARRIS §
This instrument was acknowledged before me on this Ji741/4.
day, f l� , 1999, b Q} kA
Viet. �GSIpC/�f: of DOVER DEVELOPMENT rC-ORPOR'V'AT�ION
,
, a Texas
corporation and Special General Partner of REED -WEST INVESTMENTS]
LTD:, a Texas limited partnership, on behalf of said limited
partnership.
(SEAL)
Notary P(iblic in andfor
-the State of TEXAS
The undersigned, being the holders of liens against a
portion of the property described in the foregoing Petition
hereby acknowledge and consent to said Petition.
Attest:
Name: -('h e f e': G W\ ti roo
Title: ?rojcci- Imo.nns. p
THE STATE OF 7Rxa-S §
COUNTY OF I -la n,e(S §
By:
Name:
Title:
1111117111017.21
SOUTHWEST K OF TEXAS, N.A.
Af
SZMITtailliTZPILIN
This instrument was acknowledged before mqo this ki-i-day
of JLL S , 1999, by Sco(y nt-p1a4% ( S/•Mat •Giaj
of SOUTHWEST BANK OF TEXAS, N.A., a national bankirng association,
on behalf of said banking associati
(SEAL
Notkry Public in and for the
State of
-6-
„cull
Attest:
Name: Th e v e s c, M a r on ,es
Title: Rifojec-. win nca3rr
THE STATE OF TEXAS
COUNTY OF &atorin,
§
§
THE FROST NATIONAL BANK
his instrument was acknowledged before me on this 515 day
of , 1999, by u ; Bfilrtrit ( ,�-
of THE FROST NATIONAL BANK; a- xas rporation, on -behalf of
said corporation.
(SEAL)
No ry Public in anfor the
"Tate of T EX A S
HEATHER M. SAMPLE
Notary Public State of Texas
Canmkealon Exgrea 15-12-01
—7—
EXHIBIT "A"
Page 1
DESCRIPTION
BEING a 204.5101 acre (0,908,459 square foot) tract of land out of the W.D.C. Hall
Survey, Abstract No. 23, Harris County, Texas, and being out of the tract of land
described as 3/3.336 acres as described in a deed to LeonardRauchand David W. Barg,
Trustees,as recorded under Harris County Clerk's File Number(s) G188537 to G188552 of
the Official Public Records of Real Property of Harris County, Texas and being more
particularly described by metes and bounds as follows: -
COMMENCING at a point on the Southwest right-of-way of Beamer Road (Hall Road) having
a right-of-way 60 feet wide, being the most Easterly Southeast corner of the said
373.336 acre tract and the North corner of that :-certain .250.339.-acre tract: conveyed to
Farm and Home savings Association by a deed filed under Harris County Clerk's File
Number(s) D730367 (File Code No. 152-36-1694) of the Official Public Records of Real
Property of Harris County, Texas and being the most Easterly corner of a 168.900 acre
tract as described in deed to Leonard Rauch and David W. Barg, Trustees, as recorded
Under Harris County Clerk's File Number(s) G188538 of the Official Public Records of
Real Property of Harris County, Texas; •
THENCE South 45 deg. 14 min. 33 sec. West,
acre tract and the said 373.336 acre tract
acre tract, a distance of 6,665.55 feet to
tract and the 373.335 acre tract;
with the Southeast line of the said 168.900
and the Northwest line of the said 250.339
a an angle point in the said 168.900 acre
THENCE South 45 deg. 07 min. 47 sec. West, continuing along the Southeast line of the
said 168.900 acre tract, being its most southerly Southwest corner and the Southeast
line of the said 168.900 acre tract, a distance of 398.59 feet to a inch iron
rod for the PLACE OF BEGINNING of the herein described tract;
THENCE South 45 deg. 07 min. 47 sec. West, continuing along the Southeast line of the
said 373.336 acre tract a distance of 585.81 feet to a 5/8-inch iron rod found for
corner, being the most Easterly Northeast corner of a 6.8 acre tract as recorded under
Volume 3220, Page 335 of the Deed Records of Harris County, Texas, also being the
Westerly cornet of a 49.90040 acre tract as described in an instrument recorded under
Harris County Clerk's File Number(s) R226596 of the Official Public Records of Real
Property of Harris County, Texas, said point also being an exterior. corner of the
herein described tract;
THENCE North 44 deg. 52 min. 13 sec. West, with the Northeast line of the said 6.8
acres tract, common to a Southeast line of the said 373.336 acre tract, a distance of
76.50 feet to a 5/8-inch iron rod found for corner being the Northwest corner of the
'-:8aid•6.8 acre tract and an interior corner of the herein described tract;
:::THENCE South 45 deg. 08 min, 40 sec: West, with the Northwest line of the said 6.8
, acre tract, common to the Southeast line of the said 373.338 acre tract, a distance of
1,673,94 feet to a 1/2 inch iron rod set for an angle point for corner of the herein
described tract;
•��:THENCE South 45 deg.
fi said 6.8 acre tract,
•
distance of 1,044.21
:the herein described
14 min. 24 sec. West, continuing with the Northwest line of the
common to the Southeast line of the said 373.336 acre tract, a
feet to a 1/2 inch iron rod set for an angle point for corner of
tract;
North
North
North
North
North
North
North
North
THENCE South 45 deg.
said 6.8 acre tract;
distance of 1;151199
the herein described
EXHIBIT "A"
Page 2
DESCRIPTION
06 min. 57 sec. West, continuing with the Northwest line of the
common to the Southeast line of the said 373.336 acre tract, a
feet to a 1/2 inch iron rod set for an angle point for corner of
tract;
THENCE South 38 deg. 56 min. 49 sec. West, continuing with the Northwest line of the
said 6.8 acre tract; common to the Southeast line of the said 373.336 acre tract, a
distance of 187.29 feet to an angle point for corner, being in the centerline of Clear
Creek and being the most Southerly Southeast corner of the herein described tract;
THENCE upstream with the centerline of said Clear Creek and its meanders as follows:
44 deg. 54 min. 57 sec.
11 deg. 57 min.
57 deg. 58 min.
26 deg. 52 min.
49 deg. 50 min.
24 deg. 28 min.
62 deg. 18 min.
71 deg. 37 min.
West, a distance of 208.02 feet;
16 sec: West,
43 sec. West, a distance of 436.69feet;
45 sec. West, a distance of 319.83 feet;
58 sec. West, a distance of 310.85 feet;
35 sec. West; a distance of 223.54 feet;
29 sec: West, a distance of 107.45 feet;
06 sec. West, a distance of 220.02 feet;
a distance of 237.57 feet;
North 74 deg: 08 min. 30 sec. West, a distance of 367.86 feet to a point being the
Most Westerly Southwest corner of the herein described tract;
THENCE North 45 deg, 13 min. 25 sec. East, with the Northwest line of the said 373.336
acre tract, common to the Southeast line of Green Tee Terrace, Section Two an addition
to the City of Pearland; Harris County, Texas as recorded under Volume 172, Page 111
of the Map Records of Harris County, Texas, a distance of 4,677.27 feet to a 5/8-inch
iron rod found for corner, being the most Westerly Southwest corner of Green Tee
Terrace; Section Eight; an addition to the City of Pearland, Harris County; Texas as
recorded under Film Code No. 401002 of the Map Records of Harris County, Texas, said
point being the most Westerly Northwest corner of the herein described tract;
THENCESouth45 deg. 05 min. 43 sec. East, along the Southwest line of the said Green
Tee Terrace, Section Eight, passing the Southeast corner of Green Tee Terrace; Section
:.Eight said point being the same as a point in the Westerly right-of-way line of
Scarsdale Boulevard, as recorded under Harris County Clerk's File No. 5388398 of the
Official Public Records of Real Property of Harris County, Texas, a distance of 399.79
feet, passing a 5/8 inch iron rod found on the Easterly right-of-way line of said
Scarsdale Boulevard, said point being the same asthe Northwest corner of Sagemont
First Home, an addition to the City of Pearland, Harris County, Texas as recorded
Under Film Code No. 389035 of the Map Records of Harris County, Texas at a distance of
501:84 feet, in all a total distance of 1,041.31 feet to a 1 1/4 iron pipe found for
EXHIBIT "A"
Page 3
DESCRIPTION
the Southeast corner of the said Sagemont First Home; said point being an interior
corner of the herein described tract;
THENCE North 45 deg: 14 min. 48 sec. East, along the Southeast line of the said
Sagemont First Home, a distance of 341.58 feet to a 1/2 inch iron rod set for corner;
being the Northeast corner of said Sagemont First Home and the Southeast corner of
Green Tee Terrace, Section Six, an addition to the City of Pearland, Harris County,
Texas as recorded Under Film Code No. 378073 of the Map Records of Harris County,
Texas,and being the most Northerly Northwest corner of the herein described tract;
THENCE South 44 deg. 44 min. 59 sec. East, a distance of 1,041.52 feet to the PLACE OF
BEGINNING and containing 204.5101 acres (8,908,459 square feet) of land.
EXIIIBIT "A"
LEGAL DESCRIPTION
120.1381 ACRES OF LAND LOCATED IN Tiff W.D.C. HALL SURVEY, ABSTRACT . .
NO. 23, HARRIS COUNTY, TEXAS
BEING o 120.1381 acres (5,233.217 square loot) tract of fond out of the
W.D.C. Hall Survey, Abstract No. 23, Harris County, Texas, and being out of
the 4 (four) tracts of land described as 7RACT NO. 0N£' as conveyed to
Inez Vivian McGinnis, individually as per an instrument recorded under Harris
County Clerk's File No. R473344 (Film Code No. 504-47-2244) of the
Official Public Records of Real Property of • Norris County, Texos and being
more particularly described by metes and bounds as follows: -
BEGINNING at a point in the centerline of Clear Creek, for the south corner
of that tract conveyed to Leonard Rauch and David W. Borg, Trustees as
recorded in Harris County Clerks Ale Nos. G188537-G188549 of the said
Official Public Records, same being the westerly corner of a called 6.8 acre
tract conveyed as the Fourth Tract of the above mentioned "TRACT NO. ONE";
THENCE North 38'56'49'.East, with the southeast line of the said Rauch and
Berg tract and the northwest line of herein described tract, -a distance of
187.29 feet to o 1/2 inch iron rod set for point in the southwest line of
the said Rauch and Berg tract, and on angle corner of the northwest line of
the herein described tract,
THENCE North 45'06'57' East, continuing along the southeast line of the said
Rauch and Berg tract and the northwest line of herein described tract, a
distance of 1151.99 feet to a 1/2 inch iron rod set for point in the
southwest line of the said Rauch and Berg tract, and an angle corner of the
herein described tract:
THENCE North 45'14 24" Eost, continuing along the southeast line of the said •
Rauch and Berg tract and the northwest line of herein described tract, o
distance of. 1044.21 feet to o - 1/2 inch iron rod set (or point' in the
southwest line of the said Rauch and Berg tract. and the north comer. of •
the herein described tract;
THENCE North 45'08'40" East.' continuing along the southeast line of the said
Rauch and Berg tract and the northwest line of herein described tract, o •
distance of 1673.94 feet to a 5/8 inch iron rod found for point in the
southwest line of the said Rauch and Berg tract, and an angle corner d( the
herein described tract
•
THENCE South 44'52•IJ" East, with the northeast fine of the said 6.8acre
tract, a distance. of 76.50 feet to d 5/8 inch iron rod found for an exterior
point of the herein described tract;
THENCE South 44'S0'J5" East. along the most northerly northeast line of the
herein described tract, some being the most northerly southwest line of o
called 51.1982 acre - tract conveyed to Roosevelt Texas, Holdings Co., Inc. as
per on instrument recorded under County Clerk's File No. R157894. of the
said Official Public Records, a distance of - 1.041.71 feet to a 1/2 inch iipn
rod set (or an angle point of the herein described tract;
THENCE South 45'09 25" West. o distance of 167.27 feet to 5/8 inch iron
rod found for on interior angle Comer of both the tolled 51.1982 acre tract
and- the herein described tract;
THENCE South 44'50'35" East, along the most southerly northeast line of. the
herein described tract, same being the, most southerly southwest line, a
distance of 1041.65 feet to o 5/8 Inch Iran rod found for thesouthcorner - 1
of the herein described tract, said 5/8 inch iron rod also being in the
northwest "line of o called 78.773, acre tract os conveyed to the Harris
County Flood Control District os per an instrument recorded under County
Clerks File No. J2J7J06 of the said Official Public Records;
THENCE South 45'0925" West, along the sold northwest line, Some being the
southeast line of the .herein descnbed tract, a distance of 1163.04 feet to o
point in the centerline of said Clear Creek for the southerly comer of the
herein described tract:
THENCE upstream with the centerline of said Clear Creek following
meanders (he following courses and distances as follows:
its
birth 76'16'19" West, a distance of 162.56 feel to an angle point:
&brio 87'07'01'" West. a distance of 184.73 feet to on angle point;
North 71'22'03" West, a distance of 296.68 feet to on angle point;
North 63'44 58" West, o distance of 247.51 feet to on angle point;
Korth 82'3536": West. o distance of 226.75 feet to an angle point:
North 74'54 43" West. o distance of 420.15 feet to an angle point;
South 83'26'41" West, a distance. of 150.47 feet to an angle .point:
South 57'29'34" West, a distance of 131.85 feet to art angle point;
South 38'51'19" West,- a distance of 96.57 feet to an angle point;
'South 28'11'38" West. a distance of 162.56 feet to an angle point;
South 43'0354" West, a distance of 150.06 feet to on angle point;
South 49'11'22" West, a distance of 290,48. feet to on angle ,point;
South 36'I3'14" West. a distance of 140.37 feet to on angle point;
South 52'48'1'1" West, a distance of 122.17 feet to on angle point:
South 60'15'48" West, a distance of'94.61 feet to on angle point;
South 73'27'21" West, o distance of 687.26 feet to an angle point:
.Routh 8T59 00" West, o distance of 74.35 feet to an angle point;
Worth 66'36 59" West. a 'distance of 82.97 feet to on angle point; '
Worth 39'2624" West. o distonee of II1.80 feet to on ongle point:
Worth 39'4837" West, o distance 'of :60.51 feet to the PLACE OF BEGINNING,
containing 120.1381 acres (5,233,217 square feet) of land..
LIENHOLDER'S CONSENT TO ANNEXATION OF LAND
THE STATE OF TEXAS §
COUNTY OF BRAZORIA §
The undersigned, being a lienholder on all or a portion of
the property described in the Petition attached hereto as Exhibit
"A" hereby consents to the annexation by BRAZORIA COUNTY
MUNICIPAL UTILITY DISTRICT NO. 18 ("District") of the land which
is more particularly described in said Petition, reference to
which is hereby made for all purposes. Furthermore, we hereby
authorize Reed -West Investments, Ltd., a Texas limited
partnership, and Green -Hollow, Ltd., a Texas limited partnership,
to take any and all actions necessary and convenient in
connection with the annexation into the District, including, but
not limited to the filing of additional or supplemental petitions
with the City of Pearland, Texas or the District and offering
such documentation and testimony as is deemed necessary in order
to annex said property into the District.
UNION PLANTERS BANK
By: A----(/ l'
Name: A. HARREL BLACKSHEAR
Title: SENIOR VICE PRESIDENT
THE STATE OF TEXAS §
§
COUNTY OF BRAY.ORTA §
This instrument was acknowledged before me on this 10 th
day of FEBRUARY , 2000, by A. HARREL BLACESHEAR
of UNION PLANTERS BANK, a
SENIOR VICE PRESIDENT, on behalf of said BANK
Notary Public in nd for
the State of EXAS
(SEAL)
/e Pam\ DINA MERRYMAN
NOTARY PUBLIC
G ! * m 1 STATE OF TEXAS
My Comm. Exp. 04.09.02
EXHIBIT "A"
PETITION FOR CONSENT TO INCLUDE ADDITIONAL LAND IN THE CITY OF
PEARLAND AND IN BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 18
TO THE HONORABLE MAYOR AND
CITY COUNCIL OF THE CITY OF PEARLAND:
REED -WEST INVESTMENTS, LTD., a Texas limited partnership, ("Petitioner"),
hereby petitions the Mayor and the City Council of the City of Pearland (the "City") for
the annexation into the City of all that certain tract or parcel of land hereinafter
described, so that such land shall be added to, and become a part of the City, and
immediately upon and after the annexation of such parcel oflandinto the City,
Petitioner, actingpursuant to the provisions of Section .54.0 6, -Texas Water Code,
respectfully petitions for consent to include such land in Brazoria County Municipal
Utility District No. 18 (the "District"). In support of this petition, Petitioner would
respectfully show the following:
Petitioner is the owner of the property described by metes and bounds in Exhibit
"A" (the "Property") attached hereto and made a part hereof for all purposes, and the
holder of title to a majority in value of such Property, as such values are indicated by the
tax rolls of Harris County, Texas.
II.
The Property, which contains approximately 324.6482 acres of land, more or
Tess, is less than one-half mile in width, is contiguous with the City and lies wholly within
Harris County, Texas. No part of said area is within the limits of any incorporated City or
Town. The Property is vacant and without residents or fewer than three qualified voters
reside upon the Property.
Under the provisions of Vernon's Texas Civil Statues, Local Government Code,
Section 42.001 et seq., as amended, the Property is within the extraterritorial jurisdiction
of the City and is not within such jurisdiction of any other city. All of the territory to be
annexed may properly be annexed to the District.
Iv.
The District, to which the Property is sought to be annexed, exists under the
terms and provisions of Article XVI, Section 59 of the Constitution of Texas and
Chapters 49 and 54, Texas Water Code, as amended and was created by order of the
Texas Natural Resource Conservation Commission dated May 21, 1999. Petitioner is
the sole owner and holder of fee simple title to the land sought to be annexed to the
District, as indicated by the tax rolls of Harris County, Texas. Petitioner represents and
warrants that the lienholders consenting to this petition below are the only holders of
liens against the land sought to be annexed.
IV.
In general nature of the work proposed to be done in the area sought to be
annexed shall be the purchase, construction, acquisition, repair, extension and
improvement of land, easements, works,: improvements, facilities, plants, equipment
and appliances necessary to:
(1) provide a water supply for municipal, domestic and commercial purposes;
(2) collect, transport, process, dispose of and control all domestic, industrial
or communal wastes whether in fluid, solid or composite state; and
(3) gather, conduct, divert and control local storm water or other harmful
excesses of water in the area.
V.
There is a necessity for the improvements above described for the following
reasons. The area of the District is urban in nature, is within the growing environs of the
City of Peariand, and is in close proximity to populous and developed sections of
Brazoria and Harris Counties. The Property is not supplied with adequate water,
sanitary sewer and drainage facilities and services, nor is it presently economically
feasible for such facilities to be provided to the Property. The health and welfare of the
present and future inhabitants of the District, the property and of territories adjacent
thereto require the installation and acquisition of an adequate water supply and sewage
disposal system and an adequate drainage system for and within the Property. A public
necessity exists for the addition of the Property to the District in order to provide for the
purchase, construction, extension, improvement, maintenance and operation of such
waterworks and sanitary sewer system and such drainage facilities, so as to promote
and protect the purity and sanitary condition of the State's waters and public health and
welfare of the community.
2
VI.
The terms and provisions of the Utility Agreement, including but not limited to
Article V thereof relating to water and wastewater treatment capacity, shall apply to the
Property in the same manner as it applies to other property currently within the
boundaries of the District and Petitioner petitions the City to evidence same in the City
ordinance consenting to the annexation of the Property into the District.
VII.
It is estimated by the Petitioner, from such information as is available at this time,
that the development contemplated within the proposed area to be annexed will be
approximately $29,380,000.00.
WHEREFORE PREMISES CONSIDERED, Petitioner prays that this Petition be
filed with the Secretary of the City; that thereafter this Petition be heard by Mayor and
City Council and granted in all respects; that the Property be added to and become a
part of the City, as provided by law; that immediately after and upon the annexation of
the Property into, the City, the City gives its consent to the annexation of the Property
into said District; and after it has been heard and granted, this Petition and the City
Council's action hereon be filed of record in the office of the County Clerk of Brazoria
County and Harris County, Texas.
3
Dated this the
THE STATE OF TEXAS
COUNTY OF BRAZORIA
Thi
day of
WEST, I
INVES
limited
instrument
, a Texas
Si LTD.1 a
artnership:
§
§
/ 0 day of
, 1999.
RE H -WEST INVESTMENTS, LTD.,
a Texas Limited Partnership
BY: MAC -WEST, INC.; a Texas
Corporation, General Partner
By:
NEE L:'WEST, rent
BY: DOVER D
TION,
Spec
By:
PMENT CORPORA-
s Corporation,
al Partner_
Name : 4 t EWA
Title: J:cr foto.e.,..T
Petitioner
was acknowledged before me on this ! U
1999, by RENEE L. WEST, President of MAC -
corporation and General Partner of REED -WEST
Texas limited partnership, on bej..lf of said
NITA CHRISTIAN
NOTARY PUBLIC
s. State of Texas
air Comm. Exp. 0520-2001
Nota Public in and for
the ate of TEXAS
-4-
THE STATE OF TEXAS §
§
COUNTY OF HARRIS §
This instrument was acknowledged before me on this irk
day, _cf «unee t a , 1999, by t-I Main
Oct tsi C11. of DOVER DEVELOPMENT RPORATION, a Texas
corporation and Special General Partner of REED -WEST INVESTMENTS,
LTD:, a Texas limited partnership, on behalf of said limited
partnership.
(SEAL)
NotaryAriP bland for
ic in�V-
the State of TEXAS
-5-
,
The undersigned, being the holders of liens against a
portion of the property described in the foregoing Petition
hereby acknowledge and consent to said Petition.
Attest:
Name:-('hefe5a ri1 t^%rooK5
Title :?ro3 e4- rno.na8 p
THE STATE OF 7404 S §
§
COUNTY OF 14412, .%
By:
Name:
Title:
SOUTHWEST ;•. OF TEXAS, N.A.
i .11t./.i.%
...�TThis instrument was acknowledged before my o this �.tiay L
of �jLOLA_ 1999, by &PO(9e 11i_/4,2lflu S/.Usa epattpdt
of SjjjjUTHWEST BANK OF TEXAS, N.A., a naT tonal banking association,
on behalf of said banking associatiop./
t=
Notkry Public in and for the
State of
(SEAL
-6-
Attest:
Name: -net c, n Btone5
Title: rojec4- Ann ncajer
THE STATE OF TEXAS §
COUNTY OF & OEt&& . §
THE FROST NATIONAL BANK
his instrument was acknowledged before me on this eh day
of f , 1999, by Linetau_ntu� , 13ratat ,1 LUIJ-
of THE FROST NATIONAL BANK, a xas rporation, on behalf of
said corporation.
(SEAL)
,,,,,,,
/ f#"% HEATHER M. SAMPLE /
•: Notary Put&, State of Texas /
., ,•`' Commleabn Expires 6-12-01 /
e l
Noryy Puic a the
tate of T E.X A S
-7-
bl`i
EXHIBIT "A"
Page 1
DESCRIPTION
BEING a 204.5101 acre (8,900,459 square foot) tract of land out of the W.D.C. Hall
Survey, Abstract No. 23, Harris County, Texas; and being out of the tract of land
described as 3/3.336 acres as described in a deed to Leonard Rauch and David W. Barg,
TYUstees, as recorded under Harris County Clerk's File Number(s) G188537 to G188552 of
the Official Public Records of Real Property of Harris County, Texas and being more
particularly described by metes and bounds as follows:
COMMENCING at a point on the Southwest right-of-way of Beamer Road (Hall Road) having
a right-of-way 60 feet Wide, being the most Easterly Southeast corner of the said
373.336 acre tract and the North corner of that certain 250.339 acre tract conveyed to
Farm and HorneSavingsAssociation by a deedfiledunder Harris County Clerk's File
Number(s) D730367 (File Code No. 152-36-1694) of the Official Public Records of Real
Property of Harris County, Texas and being the most Easterly corner of a 168.900 acre
tract as described in deed to Leonard Rauch and David W. Barg, Trustees, as recorded
under Harris County Clerk's File Number(s) G188538 of the Official Public Records of
Real Property of Harris County; Texas;
THENCE South 45 deg. 14 min. 33 sec. West, with the Southeast line of the said 168.900
acre tract and the said 373.336 acre tract and the Northwest line of the said 250.339
acre tract, a distance of 6,665.55 feet to a an angle point in the said 168.900 acre
tract and the 373.335 acre tract;
THENCE South 45 deg. 07 min. 47 sec. West, continuing along the Southeast line of the
said 168.900 acre tract, being its most Southerly Southwest corner and the Southeast
line of the said 168.900 acre tract, a distance of 398.59 feet to a inch iron
rod for the PLACE OF BEGINNING of the herein described tract;
THENCE South 45 deg. 07 min. 47 sec. West, continuing along the Southeast line of the
said 373.336 acre tract a distance of 585.01 feet to a 5/8-inch iron rod found for
corner, being the most Easterly Northeast corner of a 6.8 acre tract as recorded under
Volume 3220, Page 335 of the Deed Records of Harris County, Texas, also being the
Westerly corner of a 49.98848 acre tract as described in an instrument recorded under
Harris County Clerk's File Number(s) R226596 of the Official Public Records of Real
Property of Harris County, Texas, said point also being an exterior. corner of the
herein described tract;
THENCE North 44 deg. 52 min: 13 sec. West, with the Northeast line of the said 6.8
acres tract, common to a Southeast line of the said 373.336 acre tract, a distance of
76.50 feet to a 5/8-inch iron rod found for corner being the Northwest corner of the
baid,6.8 acre tract and an interior corner of the herein described tract;
'-'THENCE South 45 deg. 08 min. 40 sec: West, with the Northwest line of the said 6.8
.`t.-acre tract; common to the Southeast line of the said 373.338 acre tract, a distance of
1;6/3,94 feet to a 1/2 inch iron rod set for an angle point for corner of the herein
described tract;
•'.THENCE South 45 deg. 14 min. 24 sec. West, continuing with the Northwest line of the
said 6.8 acre bract, common to the Southeast line of the said 373.336 acre tract, a
distance of 1,044.21 feet to a 1/2 inch iron rod set for an angle point for corner of
the herein described tract;
North
North
North
North
North
North
North
North
THENCE South 45 deg.
said 6.8 acre tract;
distance of 1)151.99
the herein described
EXHIBIT "A"
Page 2
DESCRIPTION
06 min. 57 sec. West, continuing with the Northwest line of the
common to the Southeast line of the said 373.336 acre tract, a
feet to a 1/2 inch iron rod set for an angle point for corner of
Exact;
THENCE South 38 deg. 56 min: 49 sec. West, continuing with the Northwest line of the
said 6.8 acre tract; common to the Southeast line of the said 373.336 acre tract, a
distance of 187,29 feet to an angle point for corner, being in the centerline of Clear
Creek and being the most Southerly Southeast corner of the herein described tract;
THENCE Upstream with the centerline of said Clear Creek and its meanders as follows:
44 deg. 54 min. 57 sec. West, a distance of 208.02 feet;
11 deg. 57 min. 16 sec: West, a distance of 237.57 feet;
57 deg. 58 min. 43 sec. West, a distance of 436.69 feet;
26 deg, 52 min. 45 sec. West, a distance of 319.83 feet;
49 deg. 50 min. 58 sec. West, a distance of 310.85 feet;
24 deg, 28 min. 35 sec. West, a distance of 223.54 feet;
62 deg. 18 min. 29 sec. West, a distance of 107.45 feet;
71 deg: 37 min. 06 sec. West, a distance of 220.02 feet;
North 74 deg. 08 min. 30 sec. West, a distance of 367.86 feet to a point being the
most Westerly Southwest corner of the herein described tract;
THENCE North 45 deg, 13 min. 25 sec. East, with the Northwest line of the said 373.336
acre tract; common to the Southeast line of Green Tee Terrace, Section Two an addition
to the City of Pearland, Harris County, Texas as recorded under Volume 172, Page 111
of the Map Records of Barris County, Texas, a distance of 4,677.27 feet to a 5/8-inch
iron rod found for corner, being the most westerly Southwest corner of Green Tee
Terrace, Section Eight, an addition to the City of Pearland, Harris County, Texas as
recorded under Film Code No. 401002 of the Map Records of Harris County, Texas, said
point being the most Westerly Northwest corner of the herein described tract;
THENCE South 45 deg. 05 min. 43 sec. East, along the Southwest line of the said Green
Tee Terrace, Section Eight, passing the Southeast corner of Green Tee Terrace, Section
Eight said point being the same as a point in the Westerly right-of-way line of
Scarsdale Boulevard, as recorded under Harris County Clerks File No. S388398 of the
Official Public Records of Real Property of Harris County, Texas, a distance of 399.79
feet, passing a 5/8 inch iron rod found on the Easterly right-of-way line of said
Scarsdale Boulevard, said point being the same as the Northwest corner of Sagemont
First Home) an addition to the city of Pearland, Harris County, Texas as recorded
Under Film Code No. 389035 of the Map Records of Harris County, Texas at a distance of
501.84 feet, in all a total distance of 1,041.31 feet to a 1 1/4 iron pipe found for
EXHIBIT "A"
Page 3
DESCRIPTION
the Southeast corner of the said Sagemont First Home, said point being an interior
corner of the herein described tract;
THENCE North 45 deg. 14 min. 48 sec. East, along the Southeast line of the said
Sagemont First Home, a distance of 341.58 feet to a 1/2 inch iron rod set for corner;
being the Northeast corner of said Sagemont First Home and the Southeast corner of
Green Tee Terrace, Section Six, an addition to the City of Pearland, Harris County,
Texas as recorded under Film Code No. 378073 of the Map Records of Harris County,
texas, and being the most Northerly Northwest corner of the herein described tract;
THENCE South-44-deg. 44 min. 59 sec. East, a distance of 1,041.52 feet to the PLACE OF
BEGINNING and containing 204.5101 acres (8,908,459 square feet) of land.
EXHIBIT "A"
LEGAL DESCRIPTION
120.1381 ACRES OF LAND LOCATED IN THE W.D.C. HALL SURVEY, ABSTRACT . .
NO. 23, HARRIS COUNTY, TEXAS
BEING o 120.1381 acres (5,233,217 square foot) tract of land out of the
W.D.C. Hall Survey, Abstract No. 23, Harris County, Texas, and being out of
the 4 (four) tracts of fond described as 7RACT NO. ONE" os conveyed to
Inez Vivian McGinnis, individually os per an instrument recorded under Norris
County Clerk's File No. R473344 (Film Code No. 504-47-2244) of the
Official Public Records of Real Property of -Morrie County, Texas and being
more particularly described by metes and bounds os fo/lows: •
BEGINNING at a point in the centerline of Clear Creek, for the south comer
of (hot tract conveyed to Leonard Rauch and David W. Barg, Trustees as
recorded in Harris County Clerk's File Nos. G188537-G188549 of the said
Official Public Records, same being the westerly corner of a called 6.8 acre
tract conveyed as the Fourth Tract of the above mentioned "TRACT NO. ONE;
THENCE North J8'56'49" Eost, with the southeast line of the said Rauch and
Berg tract and the northwest line of herein described tract, •a distonce of
187.29 feet to a 1/2 inch iron rod set for point in the southwest line of
the said Rauch and Berg tract, and an angle corner of the northwest line of
the herein described tract,
THENCE North 45'06'57" Eost, continuing along the southeast line of the said
Rauch and Berg tract and the northwest line of herein described tract, a •
distance of 1151.99 feet 10 a 1/2 inch iron rod set for point in the
southwest line of the said Rauch and Berg Tract, and an angle corner of the
herein described tract;
•
THENCE North 45'1424' East, continuing along the southeast line of the said •
Rauch and Berg tract and the northwest line of herein described tract, a
distance of. 1044.21 feet to a 1/2 inch iron rod set for point' in the
southwest line of the said Rauch and Berg tract, and the north comer. of
the herein described tract;
THENCE North 45'08'40" East,' continuing along the southeast line of the soid
Rauch and Berg tract and the northwest line of herein described tract, a •
distance of 1673.94 feet to a 5/8 inch iron rod found for point in the
southwest line of the sold Rauch and Berg tract, and an angle corner of the
herein described tract
THENCE South 44'52'13" Eost, with the northeast line of the said 6.8 acre
tract, a distance of 76.50 feet to a 5/8 inch iron rod found for.. an exterior
point of the herein described tract;
THENCE South 44'50'J5" Eost, along the most northerly northeast line of the
herein described tract, some being the most northerly southwest line of a
called 51.1982 acre tract conveyed to Roosevelt Texas Holdings Co., Inc. as
per an instrument recorded under County Clerk's File No. R157894 of the
soid Official Public Records, o distance of 1.041.71 feet to a 1/.2 inch irpn
rod set for on angle point of the herein described tract;
THENCE South 45'09'25" West, a distonce of 167.27 feet to 5/8 inch iron
rod found for on interior angle comer of both the called 51.1982 acre tract
and the herein described tract;
THENCE South 44'5095" East, along the most southerly northeast line af. the
herein described tract, same being the. most southerly southwest line, a
distance of 1041.65 feet to a 5/8 inch iron rod found for the -south corner
of the herein described tract said 5/8 inch iron rod also being in the
northwest line of a called 78.773 acre tract as conveyed to the Harris
County Flood Control District es per an instrument recorded under County
Clerk's File No. ✓2J7J06 of the said Official Public Records;
1
THENCE South 45'0925" West, along the said northwest line, same being the
southeast line of the .herein described tract. o distance of 1163.04 feet to o
point in the centerline of said Clear Creek for the southerly comer of the
herein described tract:
THENCE upstream with the centerline of said Clear Creek following ils
meanders the following courses and distances as follows:
north 76'16'19" West, a distance of 162.56 feet to on angle point;
Moth 87'070t" West. a distance of 184.73 feet to on angle point;
North 7122'03" Wes(, o distance of 296.68 feet to an angle point;
North 63-4438" West. o distance of 247.51 feet to on angle point;
('forth 8235 36": West, o distance of 226.75 feet to an angle point;
!forth 74'54'43" West, a distance of 420.15 feet to an angle point;
South 83'26'41" West, a distance. of 150.47 feet to on angle ,point:
South 57'29'34" West, o distance of 131.85 feet to an angle point;
South 38'51'19" West,- o distance of 96.57 feet to on angle point:
south 28'11'38" West, a distance of 162.56 feet to an angle point;
South 43'0354" West, o distance of 150.06 feet to on angle point;
South 49'l 1'22" West, a distance of 290.48 feet to on angle .point;
South 3613'14" West. a distance of 140.37 feet to on angle point;
• eolith 52'48'11" West, a distance of 122.17 feet to on angle point;
South 60'15'48" West, a distance of 94.61 feet to an ongle point;
South 73'27'21" West a distance of 687.26*feet to on angle point; .
.Routh 8759'00" West, o distance of 74..35 feet to an angle point;
Worth 66'36 59" West. a distance of 82.97 feet to on angle point; '
Worth J9'2624" West. o distance of 111.80 feet to on angle point:
North 39'4837" West. a distance 'of 160.51 feet to the PLACE OP BEGINNING,
containing 120.1381 acres (5,233,217 square feet) of land..
LIENHOLDER'S CONSENT TO ANNEXATION OF LAND
THE STATE OF TEXAS §
COUNTY OF BRAZORIA §
The undersigned, being a lienholder on all or a portion of
the property described in the Petition attached hereto as Exhibit
"A" hereby consents to the annexation by BRAZORIA COUNTY
MUNICIPAL UTILITY DISTRICT NO. 18 ("District") of the land which
is more particularly described in said Petition, reference to
which is hereby made for all purposes. Furthermore, we hereby
authorize Reed -West Investments, Ltd., a Texas limited
partnership, and Green -Hollow, Ltd., a Texas limited partnership,
to take any and all actions necessary and convenient in
connection with the annexation into the District, including, but
not limited to the filing of additional or supplemental petitions
with the City of Pearland, Texas or the District and offering
such documentation and testimony as is deemed necessary in order
to annex said property into the District.
COASTAL BANC, SSB, a state
savings bank
THE STATE OF TEXAS §
§
COUNTY OF *c.ta §
This i t ument was acknowledged before me on his
day of , 2000, by
of COASTAL BANC, S B, a ste sa ings
said savings bank.
bank, on behalf of
(SEAL)
'1; r;- in
d f rt �
Notary Pu lic in and for
the State of T E X A S
;l WSSS%WS%%tttlttttttt St St /N iS S SSttt)11SSttJ
LB
Ott tuts m =t aait oa
Marilyn Sue Purcell
Notary Public
STATE OF TEXAS
My Coinm. Ex0: 09-30-2003
EXHIBIT "A"
PETITION FOR CONSENT TO INCLUDE ADDITIONAL LAND IN THE CITY OF
PEARLAND AND IN BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 18
TO THE HONORABLE MAYOR AND
CITY COUNCIL OF THE CITY OF PEARLAND:
REED -WEST INVESTMENTS, LTD., a Texas limited partnership, ("Petitioner"),
hereby petitions the Mayor and the City Council of the City of Pearland (the "City") for
the annexation into the City of all that certain tract or parcel of land hereinafter
described, so that such land shall be added to, and become a part of the City, and
immediately upon and after the annexation of such parcel of land into the City,
Petitioner, acting pursuant to the provisions of Section 54.016, Texas Water Code,
respectfully petitions for consent to include such land in Brazoria County Municipal
Utility District No. 18 (the "District"). In support of this petition, Petitioner would
respectfully show the following:
Petitioner is the owner of the property described by metes and bounds in Exhibit
"A" (the "Property") attached hereto and made a part hereof for all purposes, and the
holder of title to a majority in value of such Property, as such values are indicated by the
tax rolls of Harris County, Texas.
II.
The Property, which contains approximately 324.6482 acres of land, more or
Tess, is less than one-half mile in width, is contiguous with the City and lies wholly within
Harris County, Texas. No part of said area is within the limits of any incorporated City or
Town. The Property is vacant and without residents or fewer than three qualified voters
reside upon the Property.
Under the provisions of Vernon's Texas Civil Statues, Local Government Code,
Section 42.001 et seq., as amended, the Property is within the extraterritorial jurisdiction
of the City and is not within such jurisdiction of any other city. All of the territory to be
annexed may properly be annexed to the District.
Iv.
The District, to which the Property is sought to be annexed, exists under the
terms and provisions of Article XVI, Section 59 of the Constitution of Texas and
Chapters 49 and 54, Texas Water Code, as amended and was created by order of the
Texas Natural Resource Conservation Commission dated May 21, 1999. Petitioner is
the sole owner and holder of fee simple title to the land sought to be annexed to the
District, as indicated by the tax rolls of Harris County, Texas. Petitioner represents and
warrants that the lienholders consenting to this petition below are the only holders of
liens against the land sought to be annexed.
IV.
In general nature of the work proposed to be done in the area sought to be
annexed shall be the purchase, construction, acquisition, repair, extension and
improvement of land, easements, works, improvements, facilities, plants, equipment
and appliances necessary to:
(1) provide a water supply for municipal, domestic and commercial purposes;
(2) collect, transport, process, dispose of and control all domestic, industrial
or communal wastes whether in fluid, solid or composite state; and
(3) gather, conduct, divert and control local storm water or other harmful
excesses of water in the area.
V.
There is a necessity for the improvements above described for the following
reasons. The area of the District is urban in nature, is within the growing environs of the
City of Peariand, and is in close proximity to populous and developed sections of
Brazoria and Harris Counties. The Property is not supplied with adequate water,
sanitary sewer and drainage facilities and services, nor is it presently economically
feasible for such facilities to be provided to the Property. The health and welfare of the
present and future inhabitants of the District, the property and of territories adjacent
thereto require the installation and acquisition of an adequate water supply and sewage
disposal system and an adequate drainage system for and within the Property. A public
necessity exists for the addition of the Property to the District in order to provide for the
purchase, construction, extension, improvement, maintenance and operation of such
waterworks and sanitary sewer system and such drainage facilities, so as to promote
and protect the purity and sanitary condition of the State's waters and public health and
welfare of the community.
2
vl.
The terms and provisions of the Utility Agreement, including but not limited to
Article V thereof relating to water and wastewater treatment capacity, shall apply to the
Property in the same manner as it applies to other property currently within the
boundaries of the District and Petitioner petitions the City to evidence same in the City
ordinance consenting to the annexation of the Property into the District.
VII.
It is estimated by the Petitioner, from such information as is available at this time,
that the development contemplated within the proposed area to be annexed will be
approximately $29,380,000.00.
WHEREFORE PREMISES CONSIDERED, Petitioner prays that this Petition be
filed with the Secretary of the City; that thereafter this Petition be heard by Mayor and
City Council and granted in all respects; that the Property be added to and become a
part of the City, as provided by law; that immediately after and upon the annexation of
the Property into, the City, the City gives its consent to the annexation of the Property
into said District; and after it has been heard and granted, this Petition and the City
Council's action hereon be filed of record in the office of the County Clerk of Brazoria
County and Harris County, Texas.
Dated this the ID day of
THE STATE
COUNTY OF
Thi
day of
WEST, I
INVES
limited
OF TEXAS
BRAZORIA
instrument
a Texas
Si LTD., a
artnership:
§
, 1999.
RE -WEST INVESTMENTS, LTD.,
a Texas Limited Partnership
BY: MAC -WEST, INC.; a Texas
Corporal ion, General Partner
By:
RENEE L.'WES�', Pat
resident
BY: DOVER D ElPMENT CORPORA-
TION,'! :s Corporation,
Spec, _. al Partner
By:
Name : Cwt.. ,4
Title: Vsc.r h.as.n.aT'
Petitioner
was acknowledged before me on this /312
, 1999, by RENEE L. WEST, President of MAC -
corporation and General Partner of REED -WEST
Texas limited partnership, on bey.lf of said
ev N.VITA CHRISTIAN
NOTARY PUBLIC
State of Texas
°i'o. Comm. Exp. 05-20-2009
Nota Public in and for
the ate of TEXAS
-4-
THE STATE OF TEXAS
COUNTY OF HARRIS
This instrument
day, rqf Tune -
Special Special General Partner of REED -WEST INVESTMENTS;
limited partnership; on behalf of said limited
VICE- CSide4
corporation and
LTD:, a Texas
partnership.
(SEAL)
was acknowledged before me on this J'"�
1999; by (i ( Min
VER DEVELOPMENT CORPORAT
of DO ION, a Texas
Notary c in and d for
State of TEXAS
-5-
The undersigned, being the holders of liens against a
portion of the property described in the foregoing Petition
hereby acknowledge and consent to said Petition.
Attest:
Name: -The (e5G roo
Title: ?fogyc %- 1Mannx 5 P
THE STATE OF /kin §
§
COUNTY OF 144,Q,A §
By:
Name:
Title:
SOUTHWEST OF TEXAS, N.A.
• i/%//17.IVt.
his instrument was acknowledged before m on this E4-da
of � Iutt , 1999, by &l eCtly YK -i 2(fk d Sh Usa esLt
of S UTHWEST BANK OF TEXAS, N.A., a national banking association,
on behalf of said banking associati
(SEAL
-LCesti;f1
Notkry Public in and for the
State of
-6-
Attest:
�i1lt
Name: hP/rsu M BronKS
Title: lro,Pc-i- fVln nalj e r
THE STATE OF TEXAS §
COUNTY OF Gatorau §
THE FROST NATIONAL BANK
his instrument was acknowledged before me o this $ day
of jltttft. , 1999, by LJa4tLo u , �rf�il{K g.dud-
of THE FROST NATIONAL BANK, a xas ebrporation, on behalf of
said corporation.
(SEAL)
HEATHER M. SAMPLE
Notary Public, State of Texas
Commla6lon 5x$reb 6-12-01
o ry P bi ►YL htitI(k.
No ry Pu is . an for the
tate of T E.X A S
-7-
EXHIBIT "A"
Page 1
DESCRIPTION
BEING a 204.5101 acre (8,908,459 square foot) tract of land out of the W.D.C. Hall
Survey, Abstract No. 23, Harris County, Texas, and being out of the tract of land
described as 3/3,336 acres as described in a deed to Leonard Rauch and David W. Barg,
TYUstees, as recorded under Harris County Clerk's File Number(s) 0188537 to G188552 of
the Official Public Records of Real Property of Harris County, Texas and being more
particularly described by metes and bounds as follows:
COMMENCING at a point on the Southwest right-of-way of Reamer Road (Hall Road) having
a right-of-way 60 feet wide, being the most Easterly Southeast corner of the said
373.336 acre tract and the North corner of that certain 250.339 acre tract conveyed to
Farm and Home Savings Association by a deed filed under Harris County Clerk's File
Number(s) D730367 (File Code No. 152-36-1694) of the Official Public Records of Real
Property of Harris County, Texas and being the most Easterly corner of a 168.900 acre
bract as described in deed to Leonard Rauch and David W. Barg, Trustees, as recorded
under Harris County Clerk's File Number(s) G188538 of the Official Public Records of
Real Property of Harris County, Texas;
THENCE South 45 deg. 14 min. 33 sec. West, with the Southeast line of the said 168.900
acre tract and the said 373.336 acre tract and the Northwest line of the said 250.339
acre tract, a distance of 6,665.55 feet to a an angle point in the said 168.900 acre
tract and the 373.335 acre tract;
THENCE South 45 deg. 07 min. 47 sec. West, continuing along the Southeast line of the
said 168.900 acre tract, being its most Southerly Southwest corner and the Southeast
line of the said 168.900 acre tract, a distance of 398.59 feet to a inch iron
rod for the PLACE OF BEGINNING of the herein described tract;
THENCE South 45 deg. 07 min. 47 sec. West, continuing along the Southeast line of the
said 373.336 acre tract a distance of 585.81 feet to a 5/8-inch iron rod found for
corner, being the most Easterly Northeast corner of a 6.8 acre tract as recorded under
volume 3220, Page 335 of the Deed Records of Harris County, Texas, also being the
Westerly cornet of a 49,98848 acre tract as described in an instrument recorded under
Harris County Clerk's File Number(s) R226596 of the Official Public Records of Real
Property of Harris County, Texas, said point also being an exterior corner of the
herein described tract;
THENCE North 44 deg. 52 min, 13 sec. West, with the Northeast line of the said 6.8
acres tract, common to a Southeast line of the said 373.336 acre tract, a distance of
76,50 feet to a 5/8-inch iron rod found for corner being the Northwest corner of the
baid6.8 acre tract and an interior corner of the herein described tract;
THENCE South 45 deg. 08 min. 40 sec: West, with the Northwest line of the said 6.8
acre tract, common to the Southeast line of the said 373.338 acre tract, a distance of
i4673.94 feet to a 1/2 inch iron rod set for an angle point for corner of the herein
described tract;
THENCE south 45 deg. 14 min. 24 sec. West, continuing with the Northwest line of the
said 6.8 acre tract, common to the southeast line of the said 373.336 acre tract, a
distance of 1,044.21 feet to a 1/2 inch iron rod set for an angle point for corner of
the herein described tract;
EXHIBIT "A"
THENCE South 45 deg.
said 6.8 acre tract;
distance of 1,151,99
the herein described
Page 2
DESCRIPTION
06 min. 57 sec. West, continuing with the Northwest line of the
common to the Southeast line of the said 373.336 acre tract, a
feet to a 1/2 inch iron rod set for an angle point for corner of
tract;
THENCE South 38 deg. 56 min. 49 sec. West, continuing with the Northwest line of the
said 6.8 acre tract; common to the Southeast line of the said 373.336 acre tract, a
distance of 187.29 feet to an angle point for corner, being in the centerline of Clear
Creek and being the most Southerly Southeast corner of the herein described tract;
THENCE Upstream with the centerline
of said. Clear Creek and -its meanders as_follows:
North 44 deg. 54 min. 57 sec. West, a distance of
North 11 deg. 57 min. 16 sec. West, a distance of
North 57 deg. 58 min. 43 sec. West, a distance of
North 26 deg. 52 min. 45 sec. West, a distance of
North 49 deg. 50 min. 58 sec. West,
North 24 deg. 28 min. 35 sec. West, a distance of 223.54
North 62 deg. 18 min. 29 sec: West, a distance of 107.45
North 71 deg. 37 min. 06 sec. West, a distance of 220.02
North 74 deg. 08 min. 30 sec. West, a distance of 367.86 feet to a point being the
most Westerly Southwest corner of the herein described tract;
THENCE North 45 deg, 13 min. 25 eec. East, with the Northwest line of the said 373.336
acre tract, common to the Southeast line of Green Tee Terrace, Section Two an addition
to the City of Pearland, Harris County, Texas as recorded under Volume 172, Page 111
of the Map Records of Parris County, Texas, a distance of 4,677.27 feet to a 5/8-inch
iron rod found for corner, being the most Westerly Southwest corner of Green Tee
Terrace, Section Eight, an addition to the City of Pearland, Harris County, Texas as
recorded under Film Code No. 401002 of the Map Records of Harris County, Texas, said
point being the most Westerly Northwest corner of the herein described tract;
208.02
237.57
436.69
319.83
a distance of 310.85
feet;
feet;
feet;
feet;
feet;
feet;
feet;
feet;
THENCE South 45 deg. 05 min. 43 eec. East, along the Southwest line of the said Green
Tee Terrace, Section Eight, passing the Southeast corner of Green Tee Terrace, Section
Eight said point being the same as a point in the Westerly right-of-way line of
Scarsdale BoUlevard, as recorded under Harris County Clerks File No. 8388398 of the
Official Public Records of Peal Property of Harris County, Texas, a distance of 399.79
feet, passing a 5/8 inch iron rod found on the Easterly right-of-way line of said
Scarsdale Boulevard, said point being the same as the Northwest corner of Sagemont
First Home, an addition to the City of Pearland, Harris County, Texas as recorded
Under Film Code No. 389035 of the Map Records of Harris County, Texas at a distance of
501.84 feet, in all a total distance of 1,041.31 feet to a 1 1/4 iron pipe found for
EXHIBIT "A"
Page 3
DESCRIPTION
the Southeast corner of the said Sagemont First Home, said point being an interior
corner of the herein described tract;
THENCE North 45 deg. 14 min. 48 sec. East, along the Southeast line of the said
Sagemont First Home, a distance of 341.58 feet to a 1/2 inch iron rod set for corner;
being the Northeast corner of said Sagemont First Home and the Southeast corner of
Green Tee Terrace, Section Six, an addition to the City of Pearland, Harris Countyk
Texas as recorded Under Film Code No. 378073 of the Map Records of Harris County,
Texas, and being the most Northerly Northwest corner of the herein described tract;
THENCE South 44 deg. 44 min. 59 sec. East, a distance of 1,041.52 feet to the PLACE OF
BEGINNING and containing 204.5101 acres (8,908,459 square feet) of land.
EXHIBIT "A"
LEGAL DESCRIPTION
120.1381 ACRES OF LAND LOCATED IN THE W.D.C. HALL SURVEY, ABSTRACT . .
NO. 23, HARRIS COUNTY, TEXAS
BEING a 120.1381 acres (5,233.217 square foot) tract of land out of the
W.D.C. Hall Survey, Abstract No. 23, Harris County, Texas, and being out of
the 4 (four) tracts of land described as 7RACT NO. ONE as conveyed to
Inez Vivian McGinnis, individually as per an instrument recorded under Harris
County Clerk's File No. R473344 (Film Code No. 504-47-2244) of the
Official Public Records of Real Properly of -Harris County, Texas and being
more particularly described by metes and bounds as follows:
BEGINNING at a point in the centerline of Clear Creek, for the. south corner
of that tract conveyed to Leonard Rauch and David W. Borg, Trustees as
recorded in Harris County Clerk's File Nos. G188537-C188549 of the said
Official Public Records, same being the westerly corner of o called 6.8 acre
tract conveyed as the Fourth Tract of the above mentioned ..TRACT NO. ONE
THENCE North 38'56'49" East, with the southeast (Inc of the said Rauch and
Berqtractand the northwest line -of -herein described tract, -o distance of
187.29 feet to o 1/2 inch iron rod set for point in the southwest line of
the said Rauch and 8erg tract, and on angle corner of the northwest line of
the herein described tract,
THENCE North 45'06157" East, continuing along the southeast line of the said
Rauch and Berg tract and the northwest line of herein described tract, a -
disfance of 1151.99 feet to a 1/2 inch iron rod set for point in the
southwest line of the said Rauch and Berg tract, and on angle corner of the
herein described tract; -
THENCE North 45'1424" East, continuing along the southeast line of the said -
Rauch and Berg tract and the northwest line of herein described tract, a
distance of. 1044.21 feet to o - 1/2 inch iron rod set for point- in the
southwest line of the said Rauch and Berg tract, and the north comer. of
the herein described tract;
THENCE North 45'08'40" East; continuing along the southeast line of the said
Rauch and Berg tract and the northwest line of herein described tract, a
distance of 1673.94 feet fo a 5/8 inch iron rod found for point in the
southwest line of the said Rauch and Berg tract, and an angle corner of the
herein described tract •
THENCE South 44'52'13" East, with the northeast line of the said 6.8 acre
tract, a distance of 76.50 feet to a 5/8 inch iron rod found for an exterior
point of the herein described tract; • -
THENCE South 44'50'35" East, along the most northerly northeast line of the
herein described tract, same being the most northerly southwest line of a
called 51.1982 acre -tract conveyed to Roosevelt Texas Holdings Co., Inc. as
per an instrument recorded under County Clerk's file No. R157894 of the
said Official Public Records, a distance of • 1.041.71 feet to• o 1/2 inch irpn
rod set for an angle point of the herein described tract;
THENCE South 45'0925" West. o distance of 167.27 feet to 5/8 inch iron
rod found for on interior angle comer of both the called 51.1982 acre tract
and the herein described tract;
THENCE South 44'50'35" East, along the most southerly northeast line- of. the
herein described tract, same being the most southerly southwest line, a
distance of 1041.65 feet to o 5/8 inch iron rod found for the -south corner 1
of the herein described tract, said 5/8 inch iron rod also being in the I
northwest line of a called 78.773 acre tract as conveyed to the Harris
County Flood Control District os per an instrument recorded under County
Clerk's File No. J2J7J06 of the said Official Public Records;
THENCE South 45'0925" West, along the soid northwest line, some being the
southeast line of the .herein descnbed tract. o distance of 1163.04 feel to c
point in the centerline of said Clear Creek for the southerly comer of the
herein described tract:
THENCE upstream with the centerline of said Clear Creek following its
meanders the following courses and distances as follows:
korth 76'16'19" West, a distance of 162.56 feet to an angle point;
North 87'07'01'" West. a distance of 184.73 feet to on angle point;
Mouth 7122'03" West, o distance of 296.68 feet to on angle point;
Worth 63'44'58" West, o distance of 247.51 feet to on angle point;
North 82'3536": West, a distance of 226.75 feet to an angle point:
knrth 74'54'43" West, o distance of 420.15 feet to an angle point;
South 83'26'41" West, a'distance. of 150.47 feet to on angle .point:
South 5729'34" West, o distance of 131.85 feel to an angle point;
South 38'S1'19" West,- a distance of 96.57 feet to on angle point;
South 28'11'38 West, o distance. of 162.56 feet to an angle point:
South 43'03'54" West. a distance of 150.06 feet to an angle point;
South 4911 22" West, a distance of 290.48feet to an angle .point:
South 36'13'14" West. a distance of 140.37 feet to on angle point;
South 52'48'11 " West, a distance of 122.17 feet to an angle point:
South 60'15'48 West, o distance of'94.61 feet to on angle point;
South 73'27'21" West. a distance of 687.26 feet to an angle point:'
?Couth 8759.00" West, o distance of 74.35 feel to on angle point;
Worth 66'36'59" West. o -distance of 82.97 feel to an angle point;
Worth 39'2624" West. a distance of 111.80 feet to on angle paint:
Worth 39'4837" West, a distance of 160.51 feet to the PLACE OF BEGINNING.
containing 120.1381 acres (5,233,217 square feet) of land..
JOSEPH M. SCHWARTZ
MICHAEL G. PAGE
PETER T. HARDING
DAVID M. MARKS
ABRAHAM I. RUBINSKY
MARTHA T. BERSCH
HOWARD M. COHEN
TERRIE L. SECHRIST
SCHWARTZ, PAGE & HARDING, L.L.P.
ATTORNEYS AT LAW
1300 POST OAK BOULEVARD
SUITE 1400
HOUSTON, TEXAS 77056
February 14,
VIA MESSENGER
Darrin M. Coker, Esq.
City Attorney
City of Pearland
35 Liberty Drive
Pearland, Texas 77581
FEB 1 4 2000
CITY
TELEPHONE (7131 623-4531
TELECOPIER 17131 623-6143
Re: Annexation of 324.6482 Acres of Land into Brazoria County
Municipal Utility District No. 18 (the "Districts')
Dear Mr. Coker:
Enclosed please find the following documentation in
connection with the annexation of 324.6482 acres into the
District:
1. Ratification of and Joinder to Petition for Annexation
of Certain Land into the City of Pearland;
2. Lienholder's Consent to Annexation of Land executed by
Coastal Banc, SSB; and
3. Lienholder's Consent to Annexation of Land executed by
Union Planters Bank.
Should you have any questions regarding the enclosed, please
do not hesitate to call me.
Very truly yours,
SCHWARTZ, PAGE & HARDING, L.L.P.
Byr 1
Howard M. Cohen
Attorneys for the District
HMC:
Enclosures
0018\Annex\Coker.Cor
cc: Ms. Terry Brooks