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Ord. 0894 02-22-99N { 5 53 99 012624 PEARLAND TEX AS CERTIFICATION THE STATE OF TEXAS § COUNTIES OF BRAZORIA & HARRIS § SECURITY FEE 1.00 flIGI1T-PRES 5.00 RECCiRDING 53.00 TOTAL 59.0E FILE t 12624 CASH 59.00 DRAWER -A 1 0001 2127-0000 0233 3/22/99 1:54PM PION I, Young Lorfing, City Secretary of the City of Pearland, Texas, hereby certify that the attached constitutes a true and correct copy of ORDINANCE NO. 894; duly passed and approved by the City Council on the 22nd day of February, 1999. Witness my hand and seal of the City of Pearland, Texas, this 18th day of March, 1999, at Pearland, Texas. tttttttt •NN% A'SPRLA/V""i ``tea......... •• 4 . U •\;p& i�•v'Vii�� •_ NC va, n ed-u , C ado 3519 LIBERTY DRIVE • PEARLAND, TEXAS 77581-5416-19 • (281) 485-2411 • www.ci.pearland.tx.us ORDINANCE NO. 894 AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF PEARLAND, TEXAS, TO INCLUDE ALL LAND AREA WITHIN CERTAIN LIMITS AND BOUNDARIES AND ANNEXING TO THE CITY OF PEARLAND ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES (PINE HOLLOW SECTIONS 2 AND 3 AREA) AT THE REQUEST OF HOUSTON PINE HOLLOW ASSOCIATES, LTD.; APPROVING A SERVICE PLAN FOR ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES; CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING A SAVINGS AND SEVERABILITY CLAUSE. WHEREAS, the City Council of the City of Pearland, Texas, has, following due notice and publication in accordance with the requirements of §43.052, Tex. Local Govt. Code, conducted two (2) public hearings regarding the City's intended annexation of certain territory located contiguous to the City and within the City's extraterritorial jurisdiction; and WHEREAS, public hearings were conducted before the City Council on January 11, 1999, at 6:30 p.m. and on January 18, 1999, at 6:30 p.m., at the Pearland City Hall, 3519 Liberty Drive, Pearland, Texas; and WHEREAS, the City of Pearland has, in accordance with §43.051 et seq., Tex. Local Govt. Code, complied with all procedural requirements regarding the annexation of territory, including the preparation of a plan for extension of municipal services into the area annexed to the City; and WHEREAS, the City intends to fulfill those obligations imposed upon it by state law regarding newly annexed areas, including timely provision of municipal services as required by law; and 1 ORDINANCE NO. 894 WHEREAS, the City Council finds and determines that the annexation intended by this Ordinance is in the best interests of the City of Pearland and benefits the health, safety, and welfare of the citizens of said City; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the boundaries and limits of the City of Pearland, Texas, are hereby extended to embrace and include all of the territory described in Exhibit "A" attached hereto and made a part hereof, and such territory is hereby annexed to and made a part of the City. Section 2. The plan for extension of municipal services into the territory annexed to the City of Pearland by the provisions of this Ordinance is set forth in the "City of Pearland, Texas, Service Plan for Approximately 2.0093 Acres of Land Located in the Perry and Austin League, Abstract 111, Brazoria County, Texas, and Being a Part of That Certain Called 187.084 Acre Tract Conveyed to Houston Pine Hollow Associates, Ltd., by Deed Recorded under Brazoria County Clerk's File No. 98-001759 of the Official Records of Brazoria County, Texas" attached hereto as Exhibit "B" and made a part hereof for all purposes. Such Municipal Service Plan is hereby approved. Section 3. The City Council officially finds, determines, recites and declares that sufficient written notices of the date, hour, place and subject matter of the meetings of the City Council at which this Ordinance was considered were posted at a place convenient to the public at the City Hall of the City of Pearland for the time required by 2 ORDINANCE NO. 894 law preceding said meetings, as required by law; and that said meetings have been open to the public, as required by law, at all times during which this Ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notices and the contents and posting thereof. Section 4. Savings. All rights and remedies which have accrued in favor of the City under this Chapter and amendments thereto shall be and are preserved for the benefit of the City. Section 5. Severability. If any section or part of this Ordinance be held unconstitutional, illegal or invalid, or the application thereof ineffective or inapplicable as to any territory, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no wise affect, impair or invalidate the remaining portions, the same shall be and remain in full force and effect; and should this Ordinance for any reason be ineffective as to any part of the area hereby annexed to the City of Pearland, such ineffectiveness of this Ordinance as to any such part or parts of any such areas shall not affect the effectiveness of the Ordinance as to all of the remainder of such area, and the City Council hereby declares it to be its purpose to annex to the City of Pearland every part of the area described in Exhibit "A", attached hereto, regardless of whether any other part of such described area is hereby effectively annexed to the City. Provided, further, that if there is included in the general description of territory set out in 3 ORDINANCE NO. 894 Exhibit "A", attached hereto, any land or area which is already a part of and included within the general limits of the City of Pearland, or which is presently part of and included in the limits of any other city, town or village, or which is not within the City of Pearland's jurisdiction to annex, the same is hereby excluded and excepted from the territory to be annexed as fully as if such excluded and excepted area was specifically described herein. PASSED and APPROVED on First Reading this the , A. D., 1999. a day of TOM REID MAYOR r and PASSED and APPROVED on Second and Final Reading this the day of kb nark/ , A. D., 1999. 4 TOM REID MAYOR ORDINANCE NO. 894 TIES L IY• NG LW. r SE 7 TARY APPROVED AS TO FORM: D'ARRIN M. COKER CITY ATTORNEY 5 • EXHIBIT PROPOSED ANNEX A tract of land containing 2.0093 acres of land located in the Perry and Austin League, Abstract 111, Brazoria County, Texas, and being a part of that certain called 187.084 acre tract conveyed to Houston Pine Hollow Associates, LTD., by deed recorded under Brazoria County Clerk's File No. 98-001759 of the Official Records of Brazoria County, Texas, said 2.0093 acre tract being more particularly described by metes and bounds as follows: BEGINNING at a point marking the intersection of the existing City Limits of the City of Pearland (per, ordinance No. 462 & 227) and the Northwest line of Sunset Meadows Subdivision (replat of Nasawood Subd., Vol. 17, Pg. 73-76 B.C.M.R.) according to the map or plat thereof recorded in Vol. 18, Pg. 261 of the Brazoria County Map Records; THENCE, S 45'07' Northwest line of 415.54 feet to a Meadows Subd. and tract; 520 W (called S 45'00'002 W), along the said Sunset Meadows Subd., a distance of point for the Westerly corner of said Sunset the Southerly corner of the herein described THENCE, N 53'19'00° W, a distance of 20.43 feet to a point for the Southerly corner of said called 187.084 acre tract and an angle point for the herein described tract, said point falling in the centerline of Mary's Creek Bypass Channel; THENCE, N±41'50'440 W,along the Southwesterly -line--of said called 18 084 acre tract and the approximate centerline of said Mary's Creek, a distance of 398.17 feet to a point for the Westerly corner of the herein described tract, said point falling in the South line of the existing City Limits of the City of Pearland, per Ordinance No. 227; THENCE, S 89'52'08" E, along and with said City Limits line, at a distance of 563.48 feet pass the Southeasterly line of said called 187.084 acre tract and continuing a total distance of 591.68 feet to the POINT OF BEGINNING and containing 2.0093 acres of land, more or less. CENTURY ENGINEERING, INC. Dated this 29th day of October, 1998 Garald E. Mun r, r Registered professiq%al land Surveyor No. 3438 C.E.I. Job No. 93003-05.8 (colony) SV ANNEX.T EXHIBIT A EXIST9W DNM/ACE OITM A — 111 CEO. W. JENKINS SU800.15 VOL. 2. PG. 20 B.C.D.R. LOT TB I \LOT 37 I I IjL LOT 37 N 5327yIN 544,144 63.14' i r 9006 roc MD.3/CLIP. LOT 38 Plitt il I II A3Ob i ` i s .i— i- � 27.50• UlbfilS. RNi1T-OF-wAY AND EASENDIT TO TEXAS ST,EASTERN TRANS. CORP. _� NPECIS l.E. S MET or LOT 36 AW ALL Cr LOT46. a. 437. PG 239: VOL. 437. PC. 565: SOL. 439. K. 214 6.C.D.R • 126• "..Ts QL. 48 �� HOUSTON PINE HOLLOW AtN1�X ASSOC.. LTD. 2.00➢3 ACRES F B.C.C.f. N0. 9E-001759 MARYS CRUX MASS CLANK. EMIRS MARIAM 01101 -.0 . CO- XWt III tar W 415.54 .y vrut 9i$T WM. LOT b Y MO 2 GTY OF MARIANO ORDNANCE N0. 482 (11-28-83) L.D EASEtp.T PONT Of ORAMAC NXtT noia a9tT .ODD [DICE .. SUNSET IdE ADO WS SUBDIVISION VOL.I8. ►C.261 B.C.0.R. ® IIE'A N014D18ER 10. 1996 - TO CORRECT BEAM4G. EXHIBIT MAP OF 2.0093 ACRES OF LAND LOCATED IN THE JAMES T. PERRY AND EMILY AUSTIN LEAGUE, ABSTRACT N0. 111. BRAZORIA COUNTY, TEXAS ATE: OCTOBER. 1998 SCALE 1 - 100• NorCT�ITURY ENONES:Ja NC. rt S.a....a1AANflRAC SA •31C JOS/93003-05_6 MNEX.oWC a EXHIBIT n 1, CITY OF PEARLAND, TEXAS SERVICE PLAN FOR 2.0093 ACRES OF LAND LOCATED IN THE PERRY AND AUSTIN LEAGUE, ABSTRACT 111, BRAZORIA COUNTY, TEXAS, AND BEING A PART OF THAT CERTAIN CALLED 187.084 ACRE TRACT CONVEYED TO HOUSTON PINE HOLLOW ASSOCIATES, LTD., BY DEED RECORDED UNDER BRAZORIA COUNTY CLERK'S FILE NO. 98-001759 OF THE OFFICIAL RECORDS OF BRAZORIA COUNTY, TEXAS I. INTRODUCTION. This Service Plan ("Plan") is made by the City of Pearland, Texas ("City") pursuant to Chapter 43 of the Local Government Code ("the Act"). This Plan relates to the annexation by the City of land located in the Perry and Austin League, Abstract 111, Brazoria County, Texas, and being a part of that certain called 187.084 acre tract conveyed to Houston Pine Hollow Associates, LTD., by deed recorded under Brazoria County Clerk's File No. 98-001759 of the Official Records of Brazoria County, Texas, encompassing approximately 2.0093 acres in Brazoria County Texas. The Tract is described by metes and bounds in "Exhibit A" which is attached to this Plan and to the annexation ordinance of which this Plan is a part. IL TERM: EFFECTIVE DATE. This Plan will be in effect for a term of ten years commencing on the effective date of the annexation of the Tract. Renewal of this Plan will be at the option of the City. Such option may be exercised by the adoption of an ordinance by the City Council which refers to this Plan and specifically renews this Plan for a stated period of time. III. SERVICE PROGRAMS. A. In General. This Plan includes two service programs: (I) the Early Action Program, described below, and (ii) a Capital Improvement Program described below. B. Scope and Quality of Services. Services under this Plan will equal or exceed the number of services and the level of services in existence in the Tract prior to annexation. However, it is not the intent of this Plan to require that a uniform level of services be provided to all areas of the City (including the Tract) where differing characteristics of topography, land utilization and population density are considered as sufficient basis for providing differing service levels. Definitions. 1. As used in this Plan, providing services includes having services provided by 1 any method or means by which the City extends municipal services to any other area of the City. This may include causing or allowing private utilities, governmental entities and other public service organizations to provide such services, in whole or part. 2. As used in this Plan, the phrase "standard policies and procedures" means those policies and procedures of the City applicable to a particular service which are in effect either at the time that the service is requested or at the time that the service is made available or provided. The policies and procedures may require that a specific type of request be made, such as an application or a petition. They may require that fees or charges be paid, and they may include eligibility requirements and similar provisions. D. Early Action Program. 1. Statutory Services. The statutory services will be provided within the Tract within the period that meets or exceeds that required by State law. Service will be provided immediately upon annexation in the case of police, fire protection and emergency medical service and within sixty days for all other services. The statutory services are as follows: a. Police Protection. The Police Department of the City will provide protection and law enforcement in the Tract. These activities will include normal patrols and responses, the handling of complaints and incident reports, and, as appropriate, support by special units of the Department. b. Fire Protection. The Pearland Volunteer Fire Department (VFD) of the City of Pearland will serve the area in cooperation with VFDs in the area according to mutually agreed to procedures. c. Emergency Medical Service. The Pearland Emergency Medical Service (EMS) will continue to provide emergency medical service to the Tract under a contract with the City. d. Solid Waste Collection. Service will be provided to eligible property by private contractor, under contract with the City. To be eligible for City solid waste collection service, property must have frontage on a public street and place solid waste in containers approved for the specific type of occupancy. e. Maintenance of Water and Wastewater Facilities. Existing public water and wastewater facilities, if any, will be maintained by the City. Maintenance of additional facilities will result from the acquisition or 2 development of such facilities by the City or dedication of such facilities by other entities to the City. In the event such facilities are constructed by or dedicated to the City, the Tract will be served directly by the City using the rates and policies of the City. Capital recovery charges or impact fees will be assessed at the time of connection to the City's utility system or upon issuance of building permits for lots developed within the Tract. f. Maintenance of Road and Streets (including lighting). The Department of Public Works will provide maintenance of roads, streets, and traffic control devices over which the City will have jurisdiction and maintenance of roadside drainage ditches not maintained by Brazoria Drainage District No. 4. g. Maintenance of Parks, Playgrounds and Swimming Pools. Since there are no such public facilities within the Tract, any future maintenance of parks, playgrounds and swimming pools will result from the acquisition and development of such by the City Parks and Recreation Department. The Parks and Recreation Department will include the area in its planning for future facilities and its acquisition program. h. Maintenance of Any Other Publicly -Owned Facility, Building or Service. Those drainage facilities associated with City maintained public streets will be maintained by the Department of Public Works. Should any other facilities, buildings or services be constructed or located by the City within the Tract, an appropriate City department will provide maintenance services for them. Additional Services. Certain services, in addition to the statutory services, will be provided within the Tract to the same extent they are provided to similar territories elsewhere in the City. These are as follows: a. Library Service will be provided from existing facilities and future facilities outside the Tract. As population in this area within the City of grows, it will be considered for the development of additional facilities. Residents of the Tract will be eligible for borrowing privileges at City/County libraries on the same basis as current residents. Health Services will be provided by the Health Department to area residents and businesses. Health services include City inspection of restaurants and groceries and Animal Control. c. Code Enforcement personnel will enforce the City's housing code and ordinances against junk motor vehicles, high weeds, unsafe buildings, and illegal dumping of refuse. d. Other City services, to the extent applicable to persons or properties within the Tract, in accordance with standard policies and procedures will be provided. E. Capital Improvement Program. The City will initiate the construction of certain capital improvements necessary for providing municipal services for the Tract. Those improvements which are necessary are indicated below, and any necessary construction or acquisition will begin within two years of the effective date of this Plan, and be substantially complete before four and one half years of the effective date of this plan. 1. Police Protection. Additional capital improvements are not necessary at this time to provide police protection. However, the Tract will be included with other territory in connection with planning for new, revised, or expanded public safety facilities. 2. Fire Protection. Additional capital improvements are not necessary at this time to provide fire protection. However, the Tract will be included with other territory in connection with planning for new, revised, or expanded public safety facilities. 3. Solid Waste Collection. No capital improvements are necessary at this time to provide solid waste collection services within the Tract. The Tract will be included with other territory in connection with planning for new revised or expanded solid waste facilities. Water and Wastewater Facilities. Additional capital improvements will be necessary to provide water and wastewater service to the Tract. The cost of connecting to available lines will be the responsibility of the Tract owners, as it is within the existing City utility system. Capital recovery charges or impact fees will be assessed upon issuance of building permits for lots developed within the Tract. The City will make wastewater treatment capacity, either in existing wastewater treatment plants or in wastewater treatment facilities to be built by the City, available for the Tract. The cost of connecting to available lines will be the responsibility of the Tract owners, as it is within the existing City utility system. The City will make water available to the Tract from water system extensions or additions. The cost of connecting to available lines will be the responsibility of the Tract owners, as it is within the existing City utility system. City ordinances also provide for the installation of a separate meter for irrigation systems. A customer with such a meter is billed, but does not pay a City sewer charge on this water use. 4 Extension of City services, contracting with existing M.U.D.'s and creation of an in - city M.U.D are all options available to owners of the Tract. 5. Roads and Streets (including lighting). In general, the City will acquire dominant control of all roads and jurisdiction in, over and under all roads and streets within the Tract upon annexation, subject to the jurisdiction of other local governmental entities. State highways and farm -to -market roads remain the primary responsibility of the Texas Department of Transportation, for instance. Additional roads, streets or related facilities are not necessary at this time to serve the Tract. Future extensions or widening of roads or streets and future installation of related facilities, such as traffic control devices or street lights will be undertaken by the City as necessary. The Tract will be included with other territory in connection with planning for new, revised, widened, or enlarged roads, streets, or related facilities. 6. Parks, Playgrounds, and Swimming Pools. These services can be provided by using existing capital improvements. Additional capital improvements are not necessary at this time to provide such services to the Tract. However, the Tract will be included with other territory in connection with planning for such facilities. 7. Other Publicly -Owned Facilities, Buildings or Service; Additional Services. In general, other City functions and services, and the additional services described above, can be provided for the Tract by using existing capital improvements. Additional capital improvements are not necessary to provide City services, but the Tract will be included with other territory in connection with planning for new, revised, or expanded facilities, buildings or services. IV. AMENDMENT: GOVERNING LAW. This Plan may not be amended or repealed except as provided by the Act or other controlling law. Neither changes in the methods nor means of implementing any part of the service programs nor changes in the responsibilities of the various departments of the City will constitute amendments to this Plan and the City reserves the right to make such changes. This Plan is subject to and will be interpreted when in accordance with the Act, the Constitution and laws of the federal governments of the United States of America and the State of Texas, and the orders, rules and regulations of governmental bodies and officers having jurisdiction. V. FORCE MAJEURE. Should a force majeure interrupt the service described herein, the City will resume services under this Plan within a reasonable time after the cessation of the force majeure. "Force Majeure," for the purpose of this Plan will include, but not be limited to, acts of God, acts of the public enemy, war blockades, insurrection, riots, epidemics, landslides, lightning, earthquakes, fire, storms, floods, washouts, droughts, tornadoes, hurricanes, arrests and restraints ofgovernment, explosions, collisions 5 and other inability of the City, whether similar to those enumerated or otherwise, which is not within the control of the City. VL ENTIRE PLAN. This document contains the entire and integrated Service Plan relating to the Tract, and supersedes all other negotiations, representations, plans and agreements, whether written or oral. 6 EXHIBIT A PROPOSED ANNEX A tract of land containing 2.0093 acres of land located in the Perry and Austin League, Abstract 111, Brazoria County, Texas, and being a part of that certain called 187.084 acre tract conveyed to Houston Pine Hollow Associates, LTD., by deed recorded under Brazoria County Clerk's File No. 98-001759 of the Official Records of Brazoria County, Texas, said 2.0093 acre tract being more particularly described by metes and bounds as follows: BEGINNING at a point marking the intersection of the existing City Limits of the City of Pearland (per, Ordinance No. 462 & 227) and the Northwest line of Sunset Meadows Subdivision (replat of Nasawood Subd., Vol. 17, Pg. 73-76 B.C.M.R.) according to the map or plat thereof recorded in Vol. 18, Pg. 261 of the Brazoria County Map Records; THENCE, S 45°07' Northwest line of 415.54 feet to a Meadows Subd. and tract; 52" W (called S 45°00'00" W), along the said Sunset Meadows Subd., a distance of point for the Westerly corner of said Sunset the Southerly corner of the herein described THENCE, N 53°19'00" W, a distance of 20.43 feet to a point for the Southerly corner of said called 187.084 acre tract and an angle point for the herein described tract, said point falling in the centerline of Mary's Creek Bypass Channel; THENCE, N.441°50'44" W, along the Southwesterly line of said called 187-.084 acre tract and the approximate centerline of said Mary's Creek, a distance of 398.17 feet to a point for the Westerly corner of the herein described tract, said point falling in the South line of the existing City Limits of the City of Pearland, per Ordinance No. 227; THENCE, S 89°52'08" E, along and with said City Limits line, at a distance of 563.48 feet pass the Southeasterly line of said called 187.084 acre tract and continuing a total distance of 591.68 feet to the POINT OF BEGINNING and containing 2.0093 acres of land, more or less. CENTURY ENGINEERING, INC. pat d this 29th day of October, 1998 Garald E. Mun•-r, r Registered professial land Surveyor No. 3438 C.E.I. Job No. 93003-05.8 (colony) SV ANNEX.T SDP GARALD E. M LINGER un . 4 N 4412 W sva'4>1 'EXHIBIT A LOT 18 LOT 37 S$ W.* _§ § O U g LOT 37 N 5319'OQ' 20.43 S44'50'44'E 63.14' EXISTING DRAINAGE DITCH 125' n 4' WOOD FENCE FND.3/4-G.I.P. LOT 38 co PERRY & AUSTIN LE4UE A — 111 GEO. W. JENKINS SUBDIVI� VOL. 2, PG. 20 B.C.D.R. stmT Of'WN� GI - Ey°ESAE5E901aN�A °. '0- PROPOSED ANN*X 2.0093 CRES PPEU K HANKERS N.CL et L_ N ZE9GG0 9S1a SD 46 B �'G,E O T40GS/ E.5111. Cc 27.50' UNDEFINED RIGHT-OF-WAY AND EASEMENT TO TEXAS EASTERN TRANS. CORP. AFFECTS S.E. 5 FEET OF LOT 39 AND AU. OF LOT 46. VOL 437. PC 239; VOL 437. PC. 565; VOL 439, PG. 214 B.C.D.R. T MARYS CREEK BYPASS CHANNEL COMM DRAINAGE DITCH HD' ROTA (a 2. AC 20 E.CD.A� 48 HOUSTON PINE HOLLOW ASSOC., LTD. B.C.C.F. NO. 98-001759 137'S2 w 415.54' FND.1/nit. WEST CORNER. LOT 29 BLOCK 2 CITY OF PEARLAND ORDINANCE NO. 462 (11-28-83) PROPOSEDI DRAINAGE EASEMENT POINT OF BEOINNINI MG -Pr 25' DL 6' W000 FENCE SUNSET MEADOWS SUBDIVISION V O L. 1 8, P C. 2 6 1 B.C.0.R. m REVISED: NOVEI4BER 10. 1998 - TO CORRECT BEARING. EXHIBIT MAP OF 2.0093 ACRES OF LAND LOCATED IN THE JAMES T. PERRY AND DAILY AUSTIN LEAGUE, ABSTRACT NO. 111, BRAZORIA COUNTY, TEXAS DATE: OCTOBER, 1998 SCALE 1 - 100' Ell• III NM so ND4ll{ W9W wea DO lDii CENTURY ANC. SA 431C J08/93003-05.8 ANNEX.DWG a AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, Joan Cummings, hereby certify that the notice hereby appended was published in Brazoria and Harris Counties in the REPORTER NEWS, a newspaper of general circulation in Brazoria and Harris Counties, for yy -__ issues, as follows: No. / Date 4 C 270 19 /.8 No. Date 19 No. Date 19 No. Date 19 No. Date 19 /-OC1/4--(___ Editor Subscribe and sworn to before me this 76 day of N .— 19 q3 Notary Pu 4 it v-%, LAURA A. EMMONS ..-Noter Public St. - . Texas I1Wfit( 4R214Pires 9-9-02 • Laura Ann Emmons, Publisher a NOTICE OF PUBLIC HEAR- ING ON ANNEXATION Notice is hereby given that a I public hearing will be held by the City Council of the City of . Pearland, Texas, in the Council Chambers, Coy Hall, 3519 Liberty Drive,'Peadand, 'Texas,' January 11,19 9, for the pur- pose of considering annex& tlon Into the city limits of the '101100109 RrW9 A tract of land containing 2,0093 acres of land located.;, in the Perry and Austin League, Abstract . 111, Brazoda County, Texas, and -being apart of "that certain<, called 167.084,apt@tract con` veyed to Houston -Pine Hollow Associates, LTD.' by deed • $ Aurecorded n a[ reazori nty Clerk`s Fide No 9a- :01759 of the Official Records' ' 6f_Erazoria CouRtY. Tsar rtt ,,nr Nv V. >paTuayy BEGINNING at -a point mark- tllg the intersection of„the.. 'ewsiing Citymds of the City of Pearland,(per; Ordinance No del a Oltand )ha t *it x 440 Meadows S (replat thisawood Subti., Vol.` 17 76 B.O, R ),accord. "d-f the Aeco Su no County Map a nset Waft. and the Sv or nert,)Pe herein ks' ed; THE $'P53'19'00• W,.a distakeitg9,43 feet to. a point for�he Shah, enY co of mer said t1ed t87 004 a ore , ; tract afd an -angle ppinl the herein`descnbed#iract,' r said pointtallinglnithe,"center' IIT 9t' s Creek BypaSA' Chennel; TMENCE.`N<k 1-to.t yy aloYi9 withsouthwesterly line of. Said Called 197684,acre txapt and the approximate adios. of sold -Mary s34 Qreg'tt a1T �t�reek, atlistanoe o13A,_ 'Matto apoattjortheweste`d" , "Mar et the herein dasonbe4 tract, said point telling in the South line 9t the existing City unitiof;the City $[Pentland, v.Ptit 1114>s No? 7, AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, Randy Emmons, hereby certify that the notice hereby appended was published in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general circulation in Brazoria and Harris Counties, for / issues, as follows: No. / Date / — ( 19 99 No Date 19 No. Date 19 No. Date 19 No. Date 19 Subscribe and sworn to before me this 19 1 day of ons, -ublisher Notary Public, State 'of -Texas • PUBLIC BOTICE; NOTICE -OF PUBLIC HEPR- JN0, ON' ANNEXATION it hereby given that a 6earina+ot• tie fay,; • ' t9 Libarty Dttve,TPaedeng h1`exae. it 6130 sp m, on;; ;9 t.JJanuary 18,1999, for the pu - ti pose of considering annexe- lion into the city limits of the A tract of land`contaliiing g.0093 acres of land located in 2 the Perry and Austin League, pM, Abstract 111, Bipeds County, teinand- being- tit ailed 11Q77..034acre; (tact con' ey8 Housto"b Pine H99ow Associates, LTD., 1 uy?£lerner Braona County ClerksFile . No. 98M01759-of ft-Oificlal' Racordget Ddamtu bxh fin9` mat r.tPe610any descrlbeq pMy r0.eta&wand brluitil 4$ -•d ' ' GBIBING t e rmar tiWthe tafsteek Wingn of Pearland(per;4QrglanDoe! 0104 the of-Nasettooaoy., ,. Pg 7376Bt iM. )E WOipg tlatthereof' Po of said :QunaetMeadows Subd, end 9'So4lbelly net of the herein described 'THENCE,* 4 ( dtstama- poiht f& th&% uthe tdeSlJed�6Z re �nS�9A91� t r' er tdesprte , aa��ota i g mall' ;on Tine of Mary'¢ Creek -Bypass' Channeli THE , 140'__ ihSt kf• life awe jca}totrtto(ihe , rter of jIe herai0 deboe�dd at, @aid point telling lnftlie ?nth 1Siti etpayngiClly'+ tits offhs' y91?n ,;. . Ono, pp t(tet pans=tha $9.4oetti pe of a Coetr 11t3F r rnateriais please call Young £oding at 485.2411, out, 341, that L..11'f t1k I'LHI:LHh•!U IU:r'13-LIob-ti'b4 UII 2b'J6 I•Iu.UUJ, I .uL Oa-c- 3 , 19 9e9 (date) The Honorable Mayor and City Council City of Pearland, Texas 3519 Liberty Drive Pearland, TX 77581 Dear Hayor and Councilmembers: This is to request access to City of Pearland utilities to serve the property located at t2rl_„e/.hvt) Serer ,2d'3 (address) and more fully described on the attached metes and bounds description, labeled Exhibit "A", subject to the City having adequate capacity to serve said property. I (we) understand and agree that: • a) I am responsible for the cost of extending utilities to the property; b) I am responsible for paying the appropriate service and impact fees; and, }; c) all charges for water and/or sewer service will be at' a rate one and one half times those charged inside the City limits. The property is located outside the city limit but entirely within the extraterritorial jurisdiction of the City of Pearland. As owner(s)' of the property, I (we) further request annexation of the property at such time deemed appropriate by the City Council, Respectfully yours, (address) l.1 I i CA- .I'L111 LIIIIll 111 il.i-4u'.�-uiU�I UL„I LU-`_lu 1i :44 Hu.UUJ THE STATE OF TEXAS COUNTIES OF RRAZORIA AND HARRIS I, t undersigned, a notarypublic, do herely certify that on the 3 fore me, ay of Q.c...+..L+.-- 199 , personally appreared be lwsE' 4._ GOEsr' and RA)'4lcKD T/Sbfl , who each being by me first duly sworn, severally declared that they are the persons who signed the foregoing Request for Annexation, and that the statements therein contained are true. N WII s _WHEREOF, I haave hereunto set ray hand and seal this 3 day of e c , 199 . s NIT{ .HRI8TIAN NOTARY PUBLIC t Buie of Texas Exp 05-20.2001 My Connission expired 01 .VVn c, of revised 05/08/95 ARY =4IC in and the Stag of Texas LI I Y UV rL-HKLHIVU . lll. la-40D of U4 LlLI LV VC 11 •9`4 I94.VVl 1 . THE STATE OF TEXAS COUNTIES OF SRAZORIA AND HARRIS ed, a notary pub ic, do herely certify that on therd day; 0f /f..ti , , 199, personal apprear before me, and / /; , who each being by me first duly sworn, severally declared hat they are t persons who signed the foregoing Request for Annexation, and that the sta is therein contained are true. ' ITNESS WHEREOF, I hav hereunto set my hand and seal this ,. r_.day -,-A^ , 199j. NITA CHRISTIAN NOTARY PUBLIC State of Texas Comm. Exp. 05•20.2001 My Commission expires: ,9e10/ revised 05/08/95 NOTARY IC in and for the St e of Texas cucuuooso R�irmrnwn uruu.W.spatwassa ►�c Date: Nov.. 1998 Scale: 1'=1000' Job: Pineholl PROPOSED ANNEX A tract of land containing 2.0093 acres of land located in the Perry and Austin League, Abstract 111, Brazoria County, Texas, and being a part of that certain called 187.084 acre tract conveyed to Houston Pine Hollow Associates, LTD., by deed recorded under Brazoria County Clerk's File No. 98-001759 of the Official Records of Brazoria County, Texas, said 2.0093 acre tract being more particularly described by metes and bounds as follows: BEGINNING at a point marking the intersection of the existing City Limits of the City of Pearland (per, Ordinance No. 462 & 227) and the Northwest line of Sunset Meadows Subdivision (replat of Nasawood Subd., Vol. 17, Pg. 73-76 B.C.M.R.) according to the map or plat thereof recorded in Vol. 18, Pg. 261 of the Brazoria County Map Records; THENCE, S 45°07'52" W (called S 45°00'00" W), along the Northwest line of said Sunset Meadows Subd., a distance of 415.54 feet to a point for the Westerly corner of said Sunset Meadows Subd. and the Southerly corner of the herein described tract; THENCE, N 53°19'00" W, a distance of 20.43 feet to a point for the Southerly corner of said called 187.084 acre tract and an angle point for the herein described tract, said point falling in the centerline of Mary's Creek Bypass Channel; THENCE, N44'°50'44" W, along the Southwesterly line of said called 187.084 acre tract and the approximate centerline of said Mary's Creek, a distance of 398.17 feet to a point for the Westerly corner of the herein described tract, said point falling in the South line of the existing City Limits of the City of Pearland, per Ordinance No. 227; THENCE, S 89°52'08" E, along and with said City Limits line, at a distance of 563.48 feet pass the Southeasterly line of said called 187.084 acre tract and continuing a total distance of 591.68 feet to the POINT OF BEGINNING and containing 2.0093 acres of land, more or less. CENTURY ENGINEERING, INC. Dat-d this 29th day of October, 1998 -4! Gerald E. Mun•-r, Registered professi• al land Surveyor No. 3438 C.E.I. Job No. 93003-05.8 (colony) SV ANNEX.T LOT 18 \ LOT 37 "Plf Din 44P 0 G`�ti ooLai 3�0 0° CC LaIZY . uV)om 5m W°�wU � LOT 37 N 5319'00" 20.43' S44'50'44"E 63.14' 4' BARBED-WIRE FENCE w // 4' WOOD FENCE FND.3/4"G.I.P. LOT 38 JLLNnoo VI IOZVNG HIGH BANK i • 125' EXISTING DRAINAGE DITCH PERRY & AUSTIN LEAGUE A - 111 GEO. W. JENKINS SUBDIVISI VOL. 2, PG. 20 B.C.D.R. I-OF,WP R\GN 30 PSE-(NR IRPSOS\N PN0 EPS��G. "� 4 �EXP513'\6, p VO '& cr_ PROPOSED ANNX 2.0093 CRES PIPELINE MARKERS N.G.L. ETHYL 27.50' rr UNDEFINED RIGHT-OF-WAY AND EASEMENT TO TEXAS EASTERN TRANS. CORP. AFFECTS S.E. 5 FEET OF LOT 39:AND ALL OF LOT 48, VO.L. 437, PG 239; VOL. 437, !PGu1 565; VOL. 439, PG. 214 B.C.D.R. ON 0 p\pE�\ p3952$ 'CEpp G 0 95' W\DE O N GPS SM� 6 O 9 ,c ti \ O s ��� PROPOSED r • MARY'S CREEK BYPASS CHANNEL EXISTING DRAINAGE DITCH 40' R.O.W. (VOL. 2. PG. 20 B.C.D.R.) J 48 HOUSTON PINE HOLLOW ASSOC., LTD. B.C.C.F. NO. 98-001759 45'07'52" W — 415.54' FND.1 /2"I.R. WEST CORNER, LOT 29 BLOCK 2 r— CITY OF PEARLAND ORDINANCE NO. 462 (11-28-83) EASEMENT / DRAINAGE POINT OF BEGINNING HIGH BANK 25' D.E. 6' WOOD FENCE SUNSET MEADOWS SUBDIVISION V O L. 1 8, P G. 2 6 1 B.C.D.R. 1L REVISED: NOVEMBER 10, 1998 - TO CORRECT BEARING. // EXHIBIT MAP OF