R2009-099 - 2009-06-22RESOLUTION NO. R2009-99
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, APPROVING THE ANNEXATION BY FORT
BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 141 OF
APPROXIMATELY 65 ACRES OF LAND.
WHEREAS, Fort Bend County Municipal Utility District No. 141 (the "District")
seeks to annex property located within the extraterritorial jurisdiction of the City of
Pearland, Texas ("City"); 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 Fort
Bend County Municipal. Utility District No.141" (the "Petition") relative to 65 acres of
land 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 approximately 65 acres
described in the Petition and the exhibits attached hereto, into the District.
Section 4. This Resolution shall become effective immediately upon its
passage and approval by the City Council.
RESOLUTION NO.122009-99
PASSED, APPROVED and ADOPTED this the 22"d day of June, A. D.,
2009.
M REID
MAYOR
ATTEST:
' Q~~~;a~~,~;
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Y NG C '''~
~:~'-,.
I Y S RETAR
APPROVED AS TO FORM:
~~ . ~ . G-~----
DARRIN M. COKER
CITY ATTORNEY
2
Exhibit "A"
Resolution No. R2009-99
PETITION FOR CONSENT TO ANNEX LAND INTO
FORT BEND COUNTY :MUNICIPAL UTILITY DISTRICT NO. 141
THE STATE OF TEXAS ~
COUNTY OF FORT BEND ~
TO TI-IE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS:
The undersigned, Fort Bend County Municipal Utility District No. 141 (the
"District"}, and Hallrlover Estates, Ltd., a Texas limited partnership (the "Petitioner")
acting pursuant to the provisions of Chapter 49, Texas Water Code, particularly Section
49.301 of that Code, together with all amendments and additions thereto, respectfully
petition the City Council of the City of Pearland, Texas (the "City"), for its written
consent to the a1111exatioll by the District of the 65.0-acre pact of land described by
metes and bounds in Exhibit A (the "Land"), which is attached hereto and incorporated
herein for all purposes. In support of this petition, the undersigned would show the
following:
I.
The Dishict is a municipal utility district duly created under the laws of the State
of Texas on December 12, 2003, under the terms and provisions of Article XVI, Section
59 of the C011St1tLltloll of the State of Texas, and is governed by the provisions of
Chapters 49 and 54, Texas Water Code.
II.
Tl1e Petitioner holds fee simple title to the Land sought to be annexed to the
District, as indicated by the certificate of ownership provided by the Fort Bend Central
Appraisal Dishict. Petitioner represents that there are no lienholders on the Land.
III.
The Land is situated wholly wltlun Fort Bend County, Texas and within the
extraterritorial jurisdiction of the City of Pearland, the City of Alvin and the City of
Missouri City (the "Cities"). No part of the Land is within the limits of any
incorporated city, town or village, a11C~ 110 pal`t of the Lalld 1S W1t11111 the extraterrltOrlal
jurisdiction (as such term is defined in Local Govcr111nent Code Section 42.00'1 et sec ., as
amended) of any city, town or village except the Cities. All of the territory proposed to
be annexed may properly be annexed into the District.
i 88as~i
IV.
The general nature of the work to be done in the area sought to be aI1llexed into
the District is the construction, acquisition, maintenance and operation of. a waterworks
alid sanitary sewer system, and a drainage and storm sewer system.
There is, for the .following reasons, a necessity for the above-described work. The
Land proposed to be annexed into the District, which will be developed for commercial
and/ or residential purposes, is urban u1 Mature, is within the growing environs of the
City, is in close proximity to populous and developed sections of Fort Bend County,
and within the immediate future will experience a substantial and sustained residential
and commercial growth. There is Mot now available within the area sought to be
annexed to the District an adequate waterworks and sanitary sewer system nor an
adequate drainage system, and it is Mot presently economically feasible for the area
sought to be annexed to provide for such systems itself. Because the health and welfare
of the present and future inhabitants of the Land and of lands adjacent thereto require
the C011st1 UCtI0I1, aCClulsltloll, n1all1tellance a11d operation of an adequate waterworks
and sanitary sewer system and a dralNage and storm sewer system, and a park and
recreational system, a public Necessity exists for the annexation of the Land into the
Dishict, to provide for the purchase, construction, extension, improvement,
maintenance and operation of such waterworks and sanitary sewer system and such
drainage and storm sewer system, so as to promote the purity and sanitary condition of
the State's waters and the public health and welfare of the community.
V.
The undersigned estimate, from such information as they have at this time, that
the cost of extending the District's facilities to serve the Land sought to be alulexed is
$2,410,000 and will not require the authorization of additional bonds by the District.
VI.
The Petitioner and the District agree and hereby covenant that if the requested
consent to the annexation of the Land to the District is given, the Petitioner and the
District hereby adopt and agree to abide by the conditions set forth in Exhibit B,
attached hereto and illc orporated herein for all purposes.
WHEREFORE, the undersigned respectfully pray that this petition be heard and
granted in all respects and that the City give its written consent to the annexation of the
Land into the District.
[EXECUTION PAGES FOLLOW]
I-IANNOVER ESTATES, LTD.,
a Texas limited partnership
By: Amvest Corporation,
a Texas corporation
its sole General Partner
'% n l
Clinton F. Wong f/%
President ~-
THE STATE OF TEXAS ~
COUNTY OF HARRIS ~
This instrument was acknowledged before me on the 18th day of April, 2008, by
Clinton F. Wong, President of Ainvest Corporation, sole General Parhler of Hanxlover
Estates, Ltd., a Texas limited partnership, on behalf of said corporation and partnership.
~~~~
N~~Mr ~k: KELLY D. REAMS
~: ' MY COMMISSION EXPIFES
'~';~; ~ 4;" January 16, 2010
~: ;.,
(NOTARY SE~A~
RESPECTFULLY SUBMITTED this '18th day aE April, 2008.
FORT BEND COUNTY MUNICIPAL UTILITY
DISTRICT NO. 141
By:
President, Board of D' ~ectors
ATTEST:
~y~~i 91464VVt5t,. ~•
By. Secretar , B and of Directorsw~~o1~;r ~ =~Y .,
Y c, a~ ~..1~..
(SEAL) '=;~~~ ~, t~:~~~,,, .'• ~}~}~<
.-~~`'/r~, i v is ..,-,
rt~i ~;llE~;~.
THE STATE OF TEXAS ~
COUNTY OF HAP.RIS ~
This instrument was acknowledged before me on this 18th day of April, 2008, by
~-~A ~~-~ ~`Tc~~~~S , as President and C--~,?~~ i ~i~vo~s as
~Cr~ p , i of the Board of Directors of Fort Bei ~ County Municipal
Utility District N, .141 a political subdivision of the State of Texas, 021 behalf of said
political subdivision.
1
Notary Public, State of Texas
(NOTAP.Y SEAL)
- - - -=Jrrs.rr~irvt
;~~t~: SHARONCOVAN
'*~ "` MY COMMISSION EXPIRES
•~~~.~ ; Matt 29, 2012
GLENDALE LAKES EXHIBIT A APRIL 18, 2008
SCHOOL TRACT III. JOB NO. 14102-T1
65.00 ACRES PAGE 1 OF 2
DESCRIPTION OF A 65.00 ACRE TRACT OF LAND SITUATED
IN THE WIL LIAM I-IALL LEAGUE, A-31
FORT BEND COUNTY, TEXA5
BEING a 65.00 acre tract of land in the William Hall League, Abstract No. 31, Fort Bend County,
Texas, beuag out of a 162.2524 acre tract of land described in a deed recorded under Fort Bend County
Clerk's File No. 2004018462, said 65.00 acre tract being more particularly described by metes and
bounds as follows:
COMII~NCING at a 2-inch iron pipe found for the northeast corner of said 162.2524 acre tract and
the southeast corner of a called 48.6 acre tract described and recorded under F.B.C.C.F. No.
2004149678 and being the southwest corner of a called 481.4229 acre tract described and recorded
under F.B.C.C.F. No. 2002140473;
THENCE N 89 °26' 15" W, a distance of 175.00 feet along the line common to said 48, 6 acre tract and
said 162.2524 acre tract to a 5/8-inch iron rod with cap stamped BROWN & GAY set for the northeast
corner of the herein described tract and being the POINT OF BEGINMNG;
THENCE leaving said common line and going over and across said 162.2524 acre tract the following
two (2) courses:
S 00°33'13" W, a distance of 1,599.03 feet to a 5/8-inch iron rod with cap stamped BROWN
& GAY set for the southeast corner of the herein described tract;
N 89°24'14" W, a distance of 1,884.88 feet to a 5/8-inch iron rod with cap stamped BROWN
& GAY set for the southwest corner of the herein described tract azzd being in the eastern right-
of-way line of Farm to Market Road 521 (115-feet wide) as described in Volume 200, Page 311
and Volume 201, Page 459 of the Fort Bend County Deed Records;
THENCE along the western lines of said 162.2524 acre tract and the eastern right-of--way Iine of said
F.M. 521 the following hvo (2) couz'ses:
N 06°18'21" E, a distance.of 69.74 feet to a 5/8-inch iron rod with cap stamped BROWN &
GAY set for the point of curvature of a curve to the right;
In a northeasterly direction, 1,551.49 feet along Uze arc of said curve to the right, having a
radius of 11,376.20 feet, a central angle of 07°48'50" and whose chord bears N 10°10'21" E,
1,550.29 feet to a S/8-inch iron rod with cap stamped BROWN & GAY set for the northwest
corner of tlae herein described tract and the southwest corner of said 48.G acre tract, from
which a found 4-inch by 4-inch concrete monument bears N 11 °34' E, 10.27 feet;
TFIENCE S 89°26' 15" E, a distance of 1,618.85 feet along the line common to said 162.2524 acre
tract and said 48.b acre tract to the POINT OF IzTGINNING and containing 65.00 acres of land.
Bearing orientation is based on the monuznented south line of a 481.4229 acre tract of land described in
a deed recorded under Fort Bend County Clerk's File No. 2002140473 and held as 5 89°26'15" E
GLENDA.LE LAKES
SCHOOL TRACT III.
65.00 ACRES
PAGE 2
behveert a 2-inch iron pipe found 1'or the southwest corner and a 2-inch iron pipe found for the southeast
cot•~ter at a distance of 5,137.92 feet.
This metes and bound description was prepared in conjunction with an on ttte ground boundary survey
performed under my direct supervision during the month of April, 2008 and is to accompany the plat of
survey titled "Boundary Survey of Tlztee Tracts" dated 04/18/08.
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IRRY E,~GRgySON"
.. Larry E. rayson LS No. 5071
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' Brown Gay Enginee s, Inc.
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~ 10777 West}teimer Road, Sttite 400
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~URYE~~ Houston, Texas 77042
Telephone: (281) 558-8700
R;PROJT'CT31P13CMUD1Pbnuad141114t02\ADM1N\65 OOAc.doc
EXI-IIBIT "B"
(a) 111e City of Pearland, Texas (the "City"), by execution of its City Manager,
and the developer on behalf of the District have entered into and executed a utility
agreelllellt that specifies the terms and conditions for providing water and setivage
treatment services to the District (the "Utility Agreement"). The District shall assume
all the rights, obligations, and interests of the developers under the Utility Agreement,
as set forth therein.
(b) The District may issue bonds, including refunding bonds, for any
purposes authorized by law, including but not limited to, purchasing, refinancing,
deS1g111I1g alld COI1stPUCtlllg, or otherwise acquiring waterworks systems, sanitary sewer
systems, St01211 sewer systems, and dra111age faC111t1eS, or parts of such systems or
facilities, and to make any and all necessary purchases, constructions, improvements,
extensions, additions, and repairs thereto, and to purchase or acquire all necessary land,
right-of-way, easements, sites, equipment, bulldnlgs, plants, structures, and facilities
therefor, Ind to operate and maintain same, and to sell water, sanitary sewer, and other
services within or without the boundaries of the District. Such bonds must provide that
the District reserves the right to redeem said bonds on any date subsequent to the
fifteenth (15th) anniversary of the date of issuance (or any earlier date at the discretion
of the District) without premium, and none of such bonds, other than refunding bonds,
will be sold for less than 95% of par; provided that the net effective interest rate on
bonds so sold, taking into account any discount or premium as well as the interest rate
borne by such bonds, will not exceed two percent (2%) above the highest average
interest rate reported by the Dni11~ Bo-icl Btic1L in its weekly "20 Bond Index" during the
one-month period next preceding the date of the sale of such bonds. The resolution
authorizing the issuance of the District's bonds will contain a provision that the pledge
of any revenues from the operation of the District's water and sewer and/ or drainage
system to the payment of the District's bonds will terminate when and if the City
aI1llexes the District, takes over the assets of the District, and assumes all of the
obligations of the District.
(c) Before the colluncncement of any construction within the District, its
directors, officers, or developers and landowners will submit to the City, or to its
designated representative, all plans and specifications for the construction of water,
sanitary sewer and drainage facilities to serve the District and obtain the approval of
such plans and specifications therefrom. All water wells, water meters, flushing valves,
valves, pipes, and appurtenances thereto, installed or used within the District, will
conform to the specifications of the City. All water service lines and sewer service lines,
lift stations, and appurtenances thereto, installed or used within the District will comply
with the City's standard plans and specifications as amended from time to time. Prior
to the construction of such facilities within or by the District, the District or its engineer
will give written notice by registered or certified mail to the City, stating the date that
such construction will be commenced. The construction of. the District's water, sanitary
sewer, and drainage facilities will be iI1 accordance with the approved plans and
188851
specifications and with applicable standards and specifications of. the City; and during
the progress of the construction and installation of such facilities, the City may make
periodic on-the-ground inspections.
(d) Prior to the sale of any lot or parcel of land, the owner or the developer of
the land included within the limits of the District will obtain the approval of the
Planning and Zoning Commission of the City of a plat which will be duly recorded in
the Official Records o.E Brazoria County, Texas, and otherwise comply with the rules
and regulations of the Engineering Department and the Department of Public Works of
the City of Pearland.
CERTIFICATE
TI IE STATE OF TEXAS ~
~' ~
', COUNTY OF I-IARRIS ~
I, the undersigned Secretary of the Board of Directors of Fort Bend County
Municipal Utility Dishict No. 141, do hereby certify that the attached and foregoing is a
true and correct copy of the Petition For Consent To Annex Land Into Fort Bend County
Municipal Utility District No. 141 that was filed with the Board of Directors of the
District on April 18, 2008.
WITNESS MY HAND AND SEAL OF SAID DISTRICT this 18th day of April,
2008.
FORT BEND COUNTY MUNICIPAL UTILITY
DISTRICT NO.141
-~I ~~ ~-
(SEAL) Mo ~ ~ ~ w
'~-~,
CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
VE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM
UMENT BEFORE 11'I' IS FILED FOR RECORD IN THE PUBLIC RECORDS:
~., SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER
THAT; H ;
consideration of a of Ten
consideration, the re ipt d 1
GRANTED,BARG S
BARGAIN, SELL, an O
its successors and assigns rar
Bend County, Texas, and
thereto (including alt right, titl ,
roads, alleys, easements, right
credits allocable to the property)
RTES, LTD., a Texas limited partnership {"Grantor"}, for and in
i No/100 Dollars ($10.00} and other good and valuable
;ienc f which is hereby acknowledged by Grantee, has
i NVEYED and by these presents does GRANT,
the FORT BEND INDEPENDENT SCHOOL DISTRICT and
~"~~g~he following described tract or parcel of land located in Fort
u ,the rights, privileges and appurtenances pertaining
~~cfest f~~r in and to all appurtenant or adjacent streets,
d e r~ ,water rights, wastewater rights or drainage
Being a three (3) tracts of lanntainin
acres being located in the William Hall League,
Tract III containing 15.92 acres both being 1
Bend County, Texas; said 110.92 acres bein m
Exhibit "A" attached hereto and made a part h i
This conveyance is made by Grantor and acce
described in Exhibit "B" attached hereto and incorpo~
length, to the extent such matters are valid and affect
Exceptions").
92 acres, with Tract I containing b5.00
1, Tract II containing 30.00 acres and
~r.N.R.R. Co. Survey, Abstract 352, Fort
y described by the metes and bounds in
e subject to Permitted Exceptions
reference as though set forth at
e i~operty ("Perntted
Further, Grantor excepts and reserves from this con anc thr (3) on-exclusive utility
easement strips to construct, lay, install, remove, maintain and relo e u ' qty f it' and appurtenances
thereto, over, under, across, upon, along and through the Property as t f h E 'bit "C" attached
hereto and made a part hereto. `~
TO HAVE AND TO HOLD the Property, together with all and ngilla~
appurtenances thereto in anywise belonging unto the said Grantee, its su es rs
and Grantor does by these presents bind itself, its respective legal and pers
administrators, successors and assigns to WARRANT and FOREVER DEF
Property unto Grantee, its successors, and assigns against every person whoms
by or through Grantor but not otherwise, subject to the Permitted Exceptions and
reservations contained herein.
UNDERSTOOD AND AGREED THAT THE PROPERTY IS
HEREUNDER "AS IS", "WHERE IS", WITH ANY AND
~~~ ~~~TT AND PATENT DEFECTS, WITHOUT ANY EXPRESS OR IMPLIED
P NTATION OR WARRANTY BY GRANTOR EXCEPT FOR THE WARRANTY OF
~~ EXPRESSLY SET FORTH HEREIN. GRANTOR HAS NOT MADE AND DOES NOT
MAKE AND HEREBY SPECIFICALLY DISCLAIMS (EXCEPT FOR THE WARRANTY
OF RESSLY SET FORTH HEREIN ANY REPRESENTATIONS OR WARRANTIES
OR CHARACTER WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO
T P P S CONDITION (INCLUDING, WITHOUT LIMITATION, ANY
RE SE IO WARRANTY REGARDING QUALITY OF CONSTRUCTION, STATE
OF A , W IP, MERCHANTABILITY, SUITABILITY OR FITNESS FOR ANY
PARTI L P O S COMPLIANCE WITH ENVIRONMENTAL LAWS OR OTHER
LAWS, S CONDITION INCOME TO BE DERIVED THEREFROM OR
EXPENSES T B D WITH RESPECT THERETO, THE OBLIGATIONS,
RESPONSIB O IABILITIES OF THE OWNER THEREOF, OR ANY OTHER MATTER
OR THING TO R AFFECTING THE PROPERTY AND GRANTOR HEREBY
DISCLAIMS O ES OTHER REPRESENTATION OR WARRANTY.
GRANTEE ACKN W AGREES THAT GRANTEE IS PURCHASING THE
PROPERTY WTTHO L G XCEPT FOR THE WARRANTY OF TITLE EXPRESSLY
SET FORTH HEREIN UP H REPRESENTATION, WARRANTY, STATEMENT OR
OTHER ASSERTION, WRITTEN, MADE BY GRANTOR OR ANY
REPRESENTATIVE OF G NY R PERSON ACTING OR PURPORTING TO
ACT FOR OR ON BEHAL G R ITH RESPECT TO THE PROPERTY, BUT
RATHER IS RELYING UP XAMINATION AND INSPECTION OF THE
PROPERTY. GRANTEE REP TS AT TT IS KNOWLEDGEABLE PURCHASER OF
REAL ESTATE AND THAT IT LS ING SOL ITS OWN EXPERTISE AND THAT OF
ITS CONSULTANTS IN PURCHASING P PERTY. GRANTEE FURTHER
ACKNOWLEDGES AND AGREES THAT E O SI NS OF THIS PARAGRAPH WERE A
MATERIAL FACTOR IN THE DETE TI O THE PURCHASE PRICE FOR THE
PROPERTY.
[Signature Page low
T~
the ~ day of June, 2008.
HANNOVER ESTATES, LTD., a Texas limited
partpership
By: Its general partner Amvest Corporation
By:
Clinton F. Wong rPresid
STATE OF TEXAS
COUNTY OF
This instrument was
President of Amvest
partnership.
~~ day of June, 2008, by Clinton F. Wong,
iannover Estates, Ltd., a Texas limited
GRANTEE'S ADDRESS:
Fort Bend Independent School FBISD
1b431 Lexington Blvd.
Sugarland, Texas 77479
0 0
1333 l~oppSq qi OlOY
Ilollsten. T7i 77027
Exhibit "A"
SALE LAKES APRIL 18, 2008
COL TRACT 1. JOB NO. 14102-TI
ACRES PAGE I OF 2
DESCRIPTION OF A 15.92 ACRE TRACT OF LAND SITUATED IN
THE I. & G. N. RAILROAD COMPANY SURVEY, A-352
FORT BEND COUNTY, TEXAS
metes
the southeast
200414967$
under F.B.C
THENCE N 00°23'd~
said 481.4229 acre tra
of land in the I. & G. N. R. R. Co. Survey, Abstract No. 352, Fort Bend
~f a 481.4229 acre tract of land described in a deed recorded under Fort
2002140473, said 15.92 acre tract being more particularly described by
pipe found for the southwest corner of said 481.4229 acre tract and
48.6 acre tract described and recorded under F.B.C.C.F. No.
feast corner of a called 162.2524 acre tract described and recorded
THENCE S 89°26' 15" E,
across said 481.4229 acre
THENCE N 00°34'11" E, a
& GAY set for the southwest
BEGINNING;
THENCE continuing going over and across
N 00°34'lI" E, a distance of 915.42
GAY set for the northwest corner of the
the following seven {'7) courses:
iron rod with cap stamped BROWN &
In a southeasterly direction, 440.02 feet along e rc' a e to the right, having a radius of
S 66°16'27" E, distance of 574.61 feet to a 5/8-inch ' n r stamped "BROWN &
GAY" set for th~ northeast corner of the herein descn'bed .~"~
740.00 feet, a central angle of 34°04'08" and ho rho S 83°18'31" E, 433.56 feet to
a 5/8-inch iron rod with cap stamped "BROWN set for a point of tangency of said
curve;
5 29°48'56" W, a distance of 198.98 feet to a 5/8-inch iron with ~ wed "BROWN &
GAY" set for an angle point;
S 22°03'45" W, a distance of 407.37 feet to a 518-inch iron rod wi "1OWN &
GAY" set for the point of curvature of a curve to the left;
In a southwesterly direction, 97.16 feet along the arc of said curve to the
of 955.00 feet, a central angle of OS°49'45' and whose chord bears S 19
to a 5/8-inch iron rod with cap stamped "BROWN & GAY" set for the s
herein described tract;
40 feet along the line common to said 48.6 acre tract and
feet leaving said wmmon line and going over and
to a 5/8-inch iron rod with cap stamped BROWN
scribed,~ract and being the FOIIVT QF
Page 1 of 6
~iLE ALE LAKES
OOL TRACT I.
ACRES
PA
6' 15" W, a distance of 678.32 feet to the POINT OF BEGINNING and containing
2 res of land.
tng o 'on is on the monumented south line of a 481.4229 acre tract of land described in
a d nd County Clerk's File No. 2002140473 and held as S 89°26'15" E
betwee 2-' pipe o d for the southwest corner and a 2-inch iron pipe found for the southeast
corner is of S. meet.
This metes ah#6o ption was prepared in conjunction with an on the ground boundary survey
performed y ision during the month of April, 2008 and is to accompany the plat of
survey titled "Bo Sreo Thre ts" dated 04/18/08.
R:PROJEI
APRIL 18, 2008
JOB NO. 14102-T1
PAGE 1 OF 2
DESCRIPTION OF A 30.00 ACRE TRACT OF LAND SITUATED 1N
THE I. & G. N. RAII.ROAD COMPANY SURVEY, A-352
FORT BEND COUNTY, TEXAS
of land in the I. 8c G. N. R. R. Co. Survey, Abstract No. 352, Fort Bend
of a 481.4229 acre tract of land described in a deed recorded under Fort
2002140473, said 30.00 acre tract being more particularly described by
n pipe found for the southwest corner of said 481.4229 acre tract and
fed 48.6 acre tract described and recorded under F.B.C.C.F. No.
6[~st corner of a called 162.2524 acre tract described and recorded
THENCE N 00°23' dis .40 feet along the lure common to said 48.6 acre tract and
said 481.4229 acre trac / -tnc ' on rod with cap stamped BROWN 8c GAY set for the southwest
corner of the herein descri an~lii~igg the POIaVT OF BEGINNING;
THENCE N 00°23'02" E, co 'd on line, at 806.03 feet passing through the
northeast corner of said 48.6 a total distance of 1,324.98 feet to a 5/8-inch
iron rod with cap stamped BRO set the northwest corner of the herein described tract;
N 88°51' 13" E, a distance of 471.33
GAY" set for the point of curvature i
)n a northeasterly direction, 237.96 feet
of 860.00 feet, a central eagle of 15°51'13"
feet to a 5/8-inch iron rod with cap stamped
of said curve;
N 73°00'00" E, a distance of 182.81 feet to a 518-iir •'
GAY" set for the point of curvature of a curve to the
In a northeasterly direction, 85.98 feet along the arc of said
of 740.00 feet, a central angle of 06°39'25" and whose cho
to a 5/8-inch iron rod with cap stamped "BROWN & GAY'
herein described tract;
S 00°34'11" W, a distance of 1,455.02 feet to a 5/8-inch iron rod
& GAY" set for the southeast corner of the herein descn'Ued tract;
rod with cap stamped "BROWN &
curve to the left, having a radius
l bears N 80°55'36" E. 237.20
.Y" set for the point of tangency
cap stamped "BROWN &
:, having a radius
'42" E, 85.93 feet
e~st corner of tbe
N 89°26'15" W, a distance of 958.24 feet to the POIlVT OF
30.00 acres of land.
DALE LAKES
-OL TRACT II.
ACRES
one lion is based on the monumented south line of a 481.4229 acre tract of land described in
d under Fort Bend County Clerk's File No. 20x2140473 and held as S 89°26'15" E
Sn~-: h ' found for the southwest corner and a 2-inch iron pipe found for the southeast
at a e o~5, 7.92 feet.
This ~~ descrip on was prepared in conjunction with an on the ground boundary survey
perfo y du t ision during the month of April, 20x8 and is to accompany the plat of
survey dtl of Three Tracts" dated 04/18/08.
R:PROJECTS\F]
APRIL 18, 2008
JOB NO. 14102-T1
PAGE 1 OF 2
DESCRIPTION OF A 65.00 ACRE TRACT OF LAND SITUATED
IN THE WILLIAM HALL LEAGUE, A-31
FORT BEND COUNTY, TEXAS
of land in the William Hall League, Abstract Ivo. 31, Fort Bend County,
X524 acre tract of land described in a deed recorded under Fort Bend County
~ said 65.00 acre tract being more particularly described by metes aed
~n pipe found for the northeast corner of said 162.2524 acre tract and
48.6 acre tract described and recorded under F.B.C.C.F. No.
nest corner of a called 481.4229 acre tract descnbed and recorded
THENCE N 89°26'
said 162.2524 acre I
corner of ttie herein
THENCE leaving said
two (2) courses:
S 00°33' 13' W, a distance ~
& GAY set for the southeast
N 89°24' 14" W, a distance of 1,884.8
& GAY set for the southwest corner
of-way line of Farm to Market Road
and Vohime 201, Page 459 of the Fort
THENCE along the western lines of said 162.2524
P.M. 52I the -following two (2) courses:
N 06°18'21" E, a distance of 69.74 feet to a 5!8-inch
GAY set for the point of curvature of a curve to the r
~~
lu a aortheasterl~ direction, 1,551.49 feet along the arc of c
radius of 11,376.20 feet, a central angle of 07°48'50" and os
1,550.29 feet to a 5/8-inch iron rod with cap stamped BRO
corner of the herein described tract and the southwest corner of
which a found 4-inch by 4-inch concrete monument bears N 11 °
THENCE S 89°26' 15" E, a distance of 1,618.85 feet along the line common
tract and said 48.6 acre tract to the POIlVT OF BEGIlVNING and containing
x.00 feet along the line comanon to said 48.6 acre tract and
rod with cap stamped BROWN & GAY set far the northeast
~ the POINT OF BEGaVNING;
across said 162.2524 acre tract the following
iron rod with cap stamped BROWN
~ iron rod with cap statnped BROWN
ed tract and being in the eastern right-
as described in Volume 200, Page 311
eastern right-of-way line of said
stamped BROWN &
Bearing orientation is based on the monumented south line of a 481.4229 acre tract of
a deed recorded under Fort Bend County Clerk's File No. 2002140473 and held as S
SALE LAKES
COL TRACT III.
ACRES
iron pipe found for the southwest corner and a 2-inch iron pipe found for the southeast
x of 5,137.92 feet.
' metes and 'ption was prepared in conjunction with an on the ground boundary survey
pe r my rvision during the month of April, 2008 and is to accompany the plat of
survey ' ed " o S of Three Tracts" dated 04/18/08.
A C'~~
10777 Wesiheimer Road, Suite 400
H n, Texas ?'1042
e ~: (281) 558-8700
~~
~/
~~~~
E. rayson LS No. 5071
Brown Gay Fnginee s, Inc.
~~
~~
2. A
V
All the oil gas'`
royalties, bonu
under Fort B
2003001849.
therein, said drill
EXHIBIT "B"
PERNIITTED EXCEPTIONS
royalty interest in all oil, gas and other minerals on, in, under or that may be
Property, as set forth in instrument recorded in Volume 235, Page 228 of the
t County, Texas.
from
yalty interest in all oil, gas and other minerals on, in, under or that may be
operty, as set forth in instrument recorded in Volume 1821, Page 758 and
of the Official Records of Fort Bend County, Texas.
rals and all elcmcnts not considered a part of the surface estate, the
oth is in connection with same, as set forth in instrument recorded
' ~ e 0.2002140473 and Brazoria County Clerk's File No.
ce g is contained therein, except for two three acre drill sites contained
a~rd~ff of the Subject Property.
4, '/z of all the oil, gas an~ er rmi
with same, as set forth in ins
Page 519 of the Deed Rec of
exploration of minerals was
Conveyance of mineral interests,`AS~set forth in
Deed Records of Fort Bend County, Texas.
es, bonuses, rentals and other rights in connection
olume 597, Page 513 and amended by Volume 597,
y, Texas. The right of ingress and egress for the
recorded In Volume 1076, Page 523, of the
6. A 1/8th non-participating royalty intere in oil s other minerals on, in, under or that may be
produced from the Subject Property, ass fo in in ent recorded in Volume 1b37, Page 57, of the
Official Records of Fart Bend County, Tex
7. Terms, conditions and stipulations contained to at ent for road purposes, laying of
pipelines and access for utilities to drill sites erved ~ le for record under Fort Bend
County Clerk's File No. 20002140473 and Brazona ounle 's File No. 2003001849.
L />
~~
BEING a 0.90
Survey, Abstra
described in a deed
said 0.9025 acre tr2
Exhibit "C"
METES AND BOUNDS DESCRIPTION
30' UTILITY EASEMENT NO.1
,313 SQUARE FEET) TRACT OF LAND SATUATED IN
& . N. RAILROAD COMPANY SURVEY, A-35Z
FORT BEND COUNTY, TEXAS
square feet) tract of land in the I. & G. N. Railroad Company
end County, Texas, being out of a 481.4229 acre tract of land
rend County Clerk's File (F.B.C.C.F.) No. 2002140473,
-e arly described by metes and bounds as follows:
COMMENCING at a 2-' ch ' n e and for the southwest corner of said 481.4229 acre
tract and the southeast co .6 acre tract described and recorded under F.B.C.C.F.
No. 2004149b78 and being e r t c rn called 162.2524 acre tract described and
recorded under F.B.C.C.F. N O1 6 ,
THENCE NORTH 00° 23' 02" a d' ce of 450 feet along the line common to said
48.6 acre tract and said 481.4229 ac act to a 5/ 'chi n rod with cap stamped BROWN &
GAY set for the southwest corner of the herei esc ~ t and being the POINT OF
BEGINNING;
THENCE NORTH 00° 23' 02" East contin~
through the northeast corner of said 48.6 acre
feet to a 5/8-inch iron rod with cap stamped P
herein described tract;
THENCE NORTH 88° 51' l 3" East a distance 30.01
described tract;
THENCE SOUTH 00° 23' 02" West a distance of 1,310.87
herein described tract;
THENCE NORTH 89° 26' 15" West a distance of 30.00 feet to
and containing 0.9025 acres {39,313 square feet) of land.
Page 1 of 4
~n line, at 806.03 feet passing
a total distance of 1,309.97
for the northwest comer of the
corner of the herein
corner of the
~~
~.
METES AND BOUNDS DESCRIPTION
30' UTILITY EASEMENT N0.2
AC 7,971 SQUARE FEET) TRACT OF LAND SATUATED IN
L AM HALL LEAGUE, ABSTRACT NUMBER 31
FORT BEND COUNTY, TEXAS
BEING a 1.10 acr square feet) tract of land in the William Hall League, Abstract
No_ 31, Fort B ty ex ,being out of a 162.2524 acre tract of land described in a deed
recorded under Fo d C C~ File (F.B.C.C.F.) No. 2004018462, said 1.1012 acre
tract being more p 'c y s metes and bounds as follows:
COMMENCING at a 2-' ch ' n e and for the northeast corner of said 162.2524 acre tract
and the southeast corner a tract described and recorded under F.B.C.C.F. No.
2004149678 and being the s utt#~a$~t rn r of fled 481.4229 acre tract described and
recorded under F.B.C.C.F. 14 7 ,
THENCE NORTH 89° 26' 15" t a ' tance of 17 feet along the line common to said
48.6 acre tract and said 162.2524 ac ract to a 5/ ch ' n rod with cap stamped BROWN &
GAY set for the northeast tamer of the herein scri tra and being the POINT OF
BEGINNING;
THENCE SOUTH 00° 33' 13" West a diet ce of I
stamped BROWN & GAY set for the southeas rn
THENCE NORTH 89° 24' 14" West a distance
described tract;
of
THENCE NORTH 00° 33' 13" East a distance of 1,599.1
48.6 acre tract and said 162.2524 acre tract and being the ~,
described tract;
to a 5/8-inch iron rod with tag
~in described tract;
THENCE SOUTH 89° 26' 15" East a distance of 30.00 feet aloe
48.6 acre tract and said 1622524 acre tract to the POINT OF BE
1.1012 acres {47,971 squaze feet) of land.
corner of the herein
line common to said
er~of the herein
n to said
D
Page 2 of 4
G~
} METES AND BOUNDS DESCRIPTION
~ IS' UTILITY EASEMENT
AC 9,950 SQUARE FEET) TRACT OF LAND SATUATED IN
I. & . N. RAILROAD COMPANY SURVEY, A-352
FORT BEND COUNTY, TEXAS
BEING a 0.68 acr square feet) tract of land in the I. & G. N. Railroad Company
Survey, Ab o. S2 rt end County, Texas, being out of a 481.4229 acre tract of land
described in a deed ec de er F end County Clerk's File (F.B.C.C.F.} No. 2002140473,
said 0.6876 acre tr t b ' m ~azly described by metes and bounds as follows:
COMMENCING at a 2-' ch ' n e and for the southwest corner of said 481.4229 acre
tract and the southeast co .6 acre tract described and recorded under F.B.C.C.F.
No. 2004149678 and being t e r}e t rn called 152.2524 acre tract described and
recorded under F.B.C.C.F. `401 6 ,
THENCE NORTH 00° 23' 02" alo the line co on to said 48.6 acre tract and said
481.4229 acre tract, at 1,255.43 fee sing throu then rtheast corner of said 48.6 acre tract
and continuing a total distance of 1,760.38 fee o the th est corner of the herein described
tract and being the POINT OF BEGINN ;
THENCE NORTH 00° 23' 02" East a dist a 15.41
stamped BROWN & GAY set for the northwes of~the
THENCE NORTH 88° S 1' 13" East a distance 47 .33-#t~t t
stamped BROWN & GAY set for the point of curva
THENCE in a northeasterly direction, 237.96 feet along he
a radius of 860.00 feet, a central angle of 1 S° S I' 13" and h~
East, 237.20 feet to a S/8-inch iron rod with cap stamped BR
tangency of said curve;
S/8-inch iron rod with cap
rein described tract;
S/8-inch iron rod with cap
vet the left;
s,d rve to the left, having
o e North 80° SS' 36"
& Yet for the point of
THENCE NORTH 73° 00' 00" East a distance of 182.81 feet to a'
stamped BROWN & GAY set for the point of curvature of a curve
THENCE in a northeasterly direction, S2S.99 feet along the azc of said it
a radius of 740.00 feet, a central angle of 40° 43' 33" and whose chord bear
East, 514.99 feet to a S/8-inch iron rod with cap stamped BROWN & GAY
tangency of said curve;
Page
with cap
fit, having
' 14"
t
o~ ° ~~~'
~~~
E SOUTH 66° 16' 27" East a distance 570.61 feet to a 5/8-inch iron rod with cap
BROWN & GAY set for the northeast corner of the herein described tract;
29° 48' S6" West a distance 15.09 feet to the southeast comer of the herein
b' 27" West a distance 569.01 feet to the point of curvature of a curve
erection, 515.33 feet along the arc of said curve to the left, having
angle of 40° 43' 33" and whose chord bears North 86° 38' 14"
of tangency of said curve;
THENCE SOl'~H'7 00' 0' est a distance of 182.81 feet to a 5/8-inch iron rod with cap
stamped BROWN G s f thnt of curvature of a curve to the right;
THENCE in a south rec ' n, 242.11 feet along the arc of said curve to the right,
having a radius of 875.0 t, gle of 1 S° 51' 13" and whose chord bears South 80°
55' 36" West, 241.34 fee ncy of said curve;
THENCE SOUTH 88° 51' 1 " ~6"~s~~~s ce 71.73 feet to the POINT OF BEGINNING
and containing 0.6876 acres (2 , 5 e f of land.
RECaRDED
ROBINSONALL:EN BOONE -EIUM.PHRIES R LL:P
ATTORNEYS AT LAW
` -, -1)
PHOENIX TOWER
3200 SOUTHWEST FREEWAY !)
SUITE 2600 qF �
HOUSTON,1 TEXAS 77027 POI
FAX(713)860-64001 p�m," FFF���°4°
FAX(7131 860-6401 ;�
abhr.com
Direct Line: 713 860-6449
( ) Alia Vinson
Direct Fax: (713)860-6649 avinson4 abhr.coni Associate
May 8,2009
(via Messenger) •
IVIr. Darrin Coker,City Attorney
City of Pearland
3519 Liberty Drive
Pearland,TX 77581-5415
Re: Fort Bend County Municipal Utility District No. 141 (the"District") •
Dear Mr. Coker,
My firm represents the above-referenced District, which is currently located within the
extraterritorial jurisdiction ("ETJ") of the City of Arcola. The City of Arcola provides all
water and sewer service to the District.
The District is in the process of annexing certain property consisting of 65-acres which is
partially located within the ETJ of the .City of Pearland. The District respectfully
requests that the City of Pearland consent to the annexation, as further described in the
Petition for Consent to Annex Land into Fort Bend County Municipal Utility District
No.141 enclosed herewith. •
If you have any questions regarding the property, please contact the District's engineer,
Steve Nastri at (281) 558-8700. If you have any other questions regarding the proposed
annexation, please contact me at (713) 860-6449 or Tim Austin at (713) 860-6412. Thank
you for you consideration of this matter.
Sincerely,
Alia Vinson
.Enclosures
236539
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4 GTota1nwr ry Lee Petros
Executive Director of Construction and Demographic Studies
Damn Coker
City Attorney
City of Pearland
3519 Liberty.Drive
Pearland,DC 77581
June 2,2009
RE: 65 Acres on FM521
Dear Sir.
Fort Bend.ISD owns 65 acres on FM521 Just south of Highway 6. This land will be used for new
educational and support facilities to serve the students of our district. The first such project is
the Alternative Learning Center. Bids on this project have been received and the construction
contract will be approved by the Board of Trustees at the June 8,2009 Board Meeting.
If you should have any questions,feel free to contact my office at your convenience.
Sincerely
A ee Petros
Fort Bend Independent School District
2323 Texas Parkway•Missouri City,Texas 77489:281-634-1634•fax:281-634-5595