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Ord. 0826 10-27-97ORDINANCE NO. 826 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 (MANVEL ROAD AND COUNTY ROAD 101 AREA ANNEXATION); 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 September 8, 1997, at 6:30 p.m. and on September 15, 1997, 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. 826 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; and WHEREAS, Tract 1, a 108.013 acre tract of land located in the H.T. & B.R.R. Company Survey, Section 13, Abstract No. 240 and the H.T. & B.R.R. Company Survey, Section 14, Abstract No. 509 in Brazoria County, Texas, contains a part of Lots 45, 46, 52 and 51 and all of Lots 47, 48, 49, and 50 of the Figland Orchard Subdivision No. 1 as recorded in Volume 3, Page 77 of the Brazoria County Map Records and is all of an 80 acre tract of land described in a deed recorded in Volume 403, Page 571 of the Brazoria County Deed Records. Said tract, which is described in a deed to Aubrey Ellis, et ali [sic], in Volume 937, Page 946 of the Brazoria County Deed Records and more particularly described in Exhibit "C" attached hereto and incorporated herein for all purposes, is owned by the City of Pearland in fee simple and referred to as the City's Southwest Environmental Center ("SWEC"); and WHEREAS, Tract 2, an 87.7906 acre tract situated in Section Fifteen, H.T. & B.R.R. Co. Survey, Abstract 241, Brazoria County, Texas, more particularly described in Exhibit "D" attached hereto and incorporated herein for all purposes, is hereby voluntarily annexed upon petition; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. The facts and matters set forth in the preamble of this Ordinance are hereby found to be true and correct. 2 ORDINANCE NO. 826 Section 2. 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, including but not limited to Tract 1, SWEC, which is owned in fee simple by the City of Pearland and Tract 2 which is hereby annexed (voluntarily) upon petition. Section 3. 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 2097 Acres of Land Located South and West of the Existing City Limit Line, East of FM 1128 (Manvel Road) and Generally North of County Road 101, in Brazoria County, Texas" attached hereto as Exhibit "B" and made a part hereof for all purposes. Such Municipal Service Plan is hereby approved. Section 4. 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 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. 3 ORDINANCE NO. 826 Section 5. 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 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. Section 6. 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. 4 ORDINANCE NO. 826 PASSED and APPROVED on First Reading this the /J Lday of , A. D., 1997. TOrlitelni MAYOR ATTEST: ( PASSED and APPROVED on Second and Final Reading this the)"iJday of Dt-41 A-4)t) , A. D., 1997. TOM REID MAYOR ATTEST: APPROVED AS TO FORM: Y M.TES McCULLOUGH CITY A TORNEY Exhibit "A" STATE OF TEXAS § COUNTY OF BRAZORIA § FIELDNOTE DESCRIPTION ofa 2,097 acre tract to be annexed into the City of Pearland, Brazoria County, Texas Said 2,097 acre tract is part of the H.T. & B. R.R. Co. Survey, Section 15, Abstract No. 241,the H.T. & B R.R. Co. Survey, Section 13, Abstract No. 240, the H.T. & B. R.R. Co. Survey, Section 14, Abstract No. 509, (a.k.a. the F B. Drake Survey), the H.T & B. R.R. Co. Survey, Section 12, Abstract No. 508, (a k.a the F. B. Drake Survey), the A.C.H. & B. Survey, Section 2, (a.k.a. F. B. Drake Survey), Abstract No. 507, the H. Stevens Survey, Abstract No. 594, the H.T. & B. R.R. Co. Survey, Section 27, Abstract No. 308, the H.T. & B. R.R. Co. Survey, Section 26, Abstract No. 550, (a.k.a. the George C. Smith Survey), the H.T. & B. R.R. Co. Survey, Section 25, Abstract No. 245, the H.T. & B. R.R. Co. Survey, Section 24, Abstract No. 549, (a.k.a. the George C. Smith Survey), the H.T. & B. R.R. Co. Survey, Section 16, Abstract No. 546, (a.k.a. the George C. Smith Survey), the H.T. & B. R.R. Co. Survey, Section 18, Abstract No. 547, (a.k.a. the George C. Smith Survey) and the H.T. & B. R.R. Co. Survey, Section 7, Abstract No. 242, all in Brazoria County, Texas. Said 2,097 acre tract is more particularly described by metes and bounds as follows: BEGINNING at the common corner between the H.T. & B. R.R. Co. Survey, Section 23, Abstract No. 290, the aforementioned H.T. & B. R.R. Co. Survey, Section 16, Abstract No. 546, the aforementioned H.T. & B. R.R. Co. Survey, Section 24, Abstract No. 549, and the aforementioned H.T. & B. R.R. Co. Survey, Section 18, Abstract No. 547, said point being an intermediate corner of the existing City of Pearland City Limit 100-foot strip as established by Ordinance No. 31, said point also being an intermediate corner of the City of Manvel City Limit line as recorded in Volume 774, Page 610 of the Brazoria County Official Records, furthermore said point is located in the intersection of County Road 101 and F.M. Road 1128; THENCE, West, along the common line between said the H.T. & B. R.R. Co. Survey, Section 18, Abstract No. 547 and the H.T. & B. R.R. Co. Survey, Section 23, Abstract No. 290, same line being the common line between said existing City of Pearland City Limit line and said existing City of Manvel City Limit line, for a distance of 22 feet to the west right-of-way line of F.M. 1128 ( based on a width of 110 feet); THENCE, North, leaving said common line between the existing City of Manvel City Limit line and the existing City of Pearland City Limit line as established by Ordinance No. 31, crossing said County Road 101 and along the west right-of-way line of said F.M. 1128, continuing along said west right-of-way line of F.M. 1128 passing the north line of said existing City of Pearland City Limit line as established by Ordinance No. 31 at a distance of 100 feet and continuing for a total distance of 7,902 feet to a intermediate corner of the existing City of Pearland City Limit line as established by Ordinance No. 708, said point being in the north line of Fite Road (County Road 91, based on a width of 60-feet ), THENCE, East, crossing F.M. 1 128 and along said existing City of Pearland City Limit line and with the north right-of-way line of said Fite Road for a distance of 3,157 feet to the northwest corner of the existing City of Pearland City Limit line as established by Ordinance N6. 677; THENCE, South, crossing Fite Road, leaving the existing City of Pearland City Limit line as established by Ordinance No. 708 and along said existing City of Pearland City Limit line as established by Ordinance No. 677 for a distance of 1650.18 feet to the southwest corner of said Ordinance No. 667; THENCE, East. continuing along said existing City of Pearland City Limit line for a distance of 825.00 feet to a point for corner: THENCE, North, continuing along said existing City of Pearland City Limit line for a distance of 298.18 feet to a point for corner; THENCE, East, continuing along said existing City of Pearland City Limit line for a distance of 1320.00 feet to the centerline of Harkey Road (County Road 103, based on a width of 60 feet), said point being in the common line between the aforementioned H.T. & B. R.R. Co. Survey, Section 15, Abstract No. 241 and the aforementioned H.T. & B. R.R. Co. Survey, Section 13, Abstract No. 240 and is the southeast corner of said Ordinance No. 677; THENCE, North, continuing along said existing City of Pearland City Limit line, same being the common line between said Section 15 and Section 13, same being the centerline of said Harkey Road, for a distance of 1,352.00 feet to the northeast corner of said Ordinance No. 677; THENCE, West, continuing along said existing City of Pearland City Limit line for a distance of 30.00 feet to the point of intersection of the west right-of-way line of said Harkey Road with the aforementioned north right-of-way line of Fite Road, said point being an intermediate corner of the existing City of Pearland City Limit as established by Ordinance No. 437; THENCE, North, leaving the existing City of Pearland City Limit line as established by said Ordinance No. 677 and along the existing City of Pearland City Limit line as established by Ordinance No. 437, same being the west right-of-way line of said Harkey Road, for a distance of 2,189 feet to a point for corner; THENCE, South 89°25'21" East, crossing Harkey Road and continuing along said existing City of Pearland City Limit line, at 60 feet passing the northwest comer of Lot 11 of the Johnston Subdivision as recorded in Volume 5, Page 304 of the Brazoria County Plat Records and continuing along the north line of Lot 11 of said Johnston Subdivision for a total distance of 1,320 feet to a point for corner in the west right-of-way line of Wagon Trail Road (County Road 555 based on a width of 60 feet); 1 THENCE, South, continuing along said existing City of Pearland City Limit line, same being the west right-of-way line of said Wagon Trail Road, for a distance of 281.5 feet to a point for corner; THENCE, East, crossing Wagon Trail Road, continuing along said existing City of' Pearland City Limit line, same being the north line of Buena Vida Subdivision as recorded in Volume 8, Page 68 of the Brazoria Map Records, for a distance of 690 feet to the nonheast corner of said Buena Vida Subdivision; THENCE, South, continuing along said existing City of Pearland City Limit line, said line being the west line of Lots 14. 15 and 18 of the Figland Orchard Subdivision as recorded in Volume 3, Page 77 of the Brazoria County Map Records, for a distance of 1,029 feet to the southwest corner of said Lot 18, THENCE, East, continuing along said existing City of Pearland City Limit line, said line being the south line of said Lot 18, for a distance of 635 feet to a point in the west right- of-way line of Hatfield Road (based on a width of 50 feet), same being the west line of the existing City of Pearland City Limit as established by Ordinance No. 78; THENCE, South, along said existing City of Pearland City Limit line as established by Ordinance No. 78, said line being the west right-of-way line of said Hatfield Road, for a distance of 3,555 feet to a point in the south right-of-way line of Magnolia Road (County Road 388, based on a width of 60 feet); THENCE, East, continuing along said existing City of Pearland City Limit line, said line being the south right-of-way line of said Magnolia Road, for a distance of 1,840 feet to a point for corner; THENCE, South 00°07'22" West, leaving the south line of said Magnolia Road and continuing along said existing City of Pearland City Limit line for a distance of 630 feet to a point for corner; THENCE, East, continuing along said existing City of Pearland City Limit line for a distance of 631 feet to a point for corner; THENCE, South, continuing along said existing City of Pearland City Limit line for a distance of 769 feet to a point for corner; THENCE, East, continuing along said existing City of Pearland City Limit line, passing an intermediate corner of the existing City of Pearland City Limit 100-foot strip as established by Ordinance No. 31 at a distance of 75 feet and continuing along said line for a total distance of 175 feet to a point in the west right-of-way line of McLean Road (County Road 104 based on a width of 40 feet), said point being the northwest corner of the existing City of Pearland City Limit as established by Ordinance No. 227; 3 THENCE, South, leaving the existing City of Pearland City Limit line as established by said Ordinance No 31 and said Ordinance 78, and along the existing City of Pearland City Limit line as established by Ordinance No 227, said line being the west right-of-way line of said McLean Road, for a distance of 1,213 feet to the northeast corner of the existing City of Pearland City Limit as established by Ordinance No 380; THENCE, South 89°52'59" West, leaving the existing City of Pearland City Limit line as established by said Ordinance No 227 and along the existing City of Pearland City Limit line as established by Ordinance No 308 for a distance of 1,290 feet to a point for corner; THENCE, South 89°45'43" West, continuing along said existing City of Pearland City Limit line for a distance of 1,320 feet to the northwest corner of said Ordinance No. 308; THENCE, South 00°04'41" West, continuing along said existing City of Pearland City Limit line for a distance of 1,320 feet to the southwest corner of said Ordinance No. 308; THENCE, North 89°49'19" East, continuing along said existing City of Pearland City Limit line for a distance of 2,612 feet to the southeast corner of said existing City of Pearland City Limit line as established by Ordinance No. 308, same being in the west line of the aforementioned existing City of Pearland City Limit line as established by Ordinance No. 227, said line also being the aforementioned west right-of-way line of McLean Road; THENCE, South, along said existing City of Pearland City Limit line as established by Ordinance No. 227, same being the west right-of-way line of said McLean Road, for a distance of 100 feet to the southwest corner of said existing City of Pearland City Limit line as established by Ordinance No. 227; THENCE, East, crossing said McLean Road and continuing along said existing City of Pearland City Limit line for a distance of 6,008 feet to a point in the west line of the Atchison, Topeka and Santa Fe Railroad right-of-way (formerly the G.C. & S.F. Railroad, based on a width of 100 feet), said point being the northwest corner of the existing City of Pearland City Limit line as established by Ordinance No. 463; THENCE, South 13°47'40" East, leaving said existing City of Pearland City Limit line as established by Ordinance No. 227 and along said existing City of Pearland City Limit line as established by Ordinance No. 463, same being the west right-of-way line of said Atchison, Topeka and Santa Fe Railroad, to the point of intersection with the south line of that drainage easement as described in Volume 1107, Page 843 of the Brazoria County Deed Records; THENCE, West, leaving said existing City of Pearland City Limit line as established by said Ordinance No. 463 and along the south line of said drainage easement for a distance of 1,654 feet to a point in the west right-of-way line of Wells Drive (County Road 115 based on a width of 40 feet), 4 THENCE, North. along the west right-of-way line of said Wells Drive to a point in the north line of Lot 55 of Section 26 of the H.T , & B R R , Abstract No 550 as recorded in Volume 2, Page 129 of the Brazoria County Map Records; THENCE, West, along the north line of Lots 55, 45 and 35 of said Section 26, for a distance of 2,650 feet to a point in the west right-of-way line of Pearland Sites Road (County Road 143 based on a width of 60 feet); THENCE, North, along the west right-of-way line of said Pearland Sites Road for a distance of 2280 feet to the point of intersection with the south right-of-way line of County Road 101 (based on a width of 60 feet); THENCE, West, along the south right-of-way line of said County Road 101, passing the east Tine of the existing City of Pearland City Limit line as established by said Ordinance No.31 at a distance of 13,070 feet, continuing across aforementioned F.M. 1128 for a total distance of 13,170 feet to the common line between the aforementioned existing City of Manvel City Limit line and the west line of said existing City of Pearland City Limit line as established by said Ordinance No.3 1, same line being the common line between the aforementioned H.T. & B. R.R. Co. Survey, Section 24, Abstract No. 549 and the aforementioned H T. & B. R.R. Co. Survey, Section 23, Abstract No. 290; THENCE, North, along said common line between said existing City of Manvel City Limit line and the west line of said existing City of Pearland City Limit line, same line being said common line between said H.T. & B. R.R. Co. Survey, Section 24, Abstract No. 549 and said H.T. & B. R.R. Co. Survey, Section 23, Abstract No. 290 for a distance of 30 feet to the POINT OF BEGINNING, containing a computed area of 2,097 acres. NOTE: This description was prepared using numerous recorded subdivision maps, deeds and City Ordinances and does not represent an on -the -ground survey. October 3, 1997 Walsh Surveying, Inc. 2006 E. Broadway S-105 Pearland, Texas 77581 281-485-3991 Job No. 97-128 Michael 15. Wilson, RP.L.S. Registration No. 4821 10- 3- 91 5 5 Exhibit "B" CITY OF PEARLAND, TEXAS SERVICE PLAN FOR 2097 ACRES OF LAND LOCATED SOUTH AND WEST OF THE EXISTING CITY LIMIT LINE, AND BEING PART OF THE H.T. & B. R.R. CO. SURVEY, SECTION 15, ABSTRACT NO. 241, THE H.T. & B. R.R. CO. SURVEY, SECTION 13, ABSTRACT NO. 240, THE H.T. & B. R.R. CO. SURVEY, SECTION 14, ABSTRACT NO. 509, (A.K.A. THE F. B. DRAKE SURVEY), THE H.T. & B. R.R. CO. SURVEY, SECTION 12, ABSTRACT NO. 508, (A.K.A. THE F. B. DRAKE SURVEY), THE A.C.H. & B. SURVEY, SECTION 2, (A.K.A. F. B. DRAKE SURVEY), ABSTRACT NO. 507, THE H. STEVENS SURVEY, ABSTRACT NO. 594, THE H.T. & B. RR CO. SURVEY, SECTION 27, ABSTRACT NO. 308, THE H.T. & B. RR. CO. SURVEY, SECTION 26, ABSTRACT NO. 550, (A.K.A. THE GEORGE C. SMITH SURVEY), THE H.T. & B. R.R. CO. SURVEY, SECTION 25, ABSTRACT NO. 245, THE H.T. & B. RR. CO. SURVEY, SECTION 24, ABSTRACT NO. 549, (A.K.A. THE GEORGE C. SMITH SURVEY), THE H.T. & B. RR CO. SURVEY, SECTION 16, ABSTRACT NO. 546, (A.K.A. THE GEORGE C. SMITH SURVEY), THE H.T. & B. R.R. CO. SURVEY, SECTION 18, ABSTRACT NO. 547, (A.K.A. THE GEORGE C. SMITH SURVEY) AND THE H.T. & B. R.R. CO. SURVEY, SECTION 7, ABSTRACT NO. 242, ALL IN 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 2,097 acres of land ("Tract") located south and west of the existing City Limit in the vicinity of FM 1128 (Manvel Road) and County Road 101 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. H. 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 1 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. As used in this Plan, providing services includes having services provided by 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. 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. Early Action Program. 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. 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. Since there are no such public facilities within the Tract, any maintenance of such facilities will result from the acquisition or 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 g Private water supply companies currently exist in the tract. The private water supply companies may remain in operation until such time as the City is authorized to provide water service to such areas in accordance with State law. To the extent services are not granted exclusively to a private water supply company, the areas served by a private water supply company within the Tract will be served directly by the City using the rates and policies of the City. 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. Maintenance of Parks, Playgrounds and Swinuning 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. 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. 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. I. 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 4 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 planned to serve the area. 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. 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 ofTransportation, 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. 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. 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. 5 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 and other inability of the City, whether similar to those enumerated or otherwise, which is not within the control of the City. VI. 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" STATE OF TEXAS § COUNTY OF BRAZORIA § FIELDNOTE DESCRIPTION of a 2,097 acre tract to be annexed into the City of Pearland, Brazoria County, Texas. Said 2,097 acre tract is part of the H.T. & B. R.R. Co. Survey, Section 15, Abstract No. 241, the H.T. & B. R.R. Co. Survey, Section 13, Abstract No. 240, the H.T. & B. R.R. Co. Survey, Section 14, Abstract No. 509, (a.k.a. the F. B. Drake Survey), the H.T. & B. R.R. Co. Survey, Section 12, Abstract No. 508, (a.k.a. the F. B. Drake Survey), the A.C.H. & B. Survey, Section 2, (a.k.a. F. B. Drake Survey), Abstract No. 507, the H. Stevens Survey, Abstract No. 594, the H.T. & B. R.R. Co. Survey, Section 27, Abstract No. 308, the H.T. & B. R.R. Co. Survey, Section 26, Abstract No. 550, (a.k.a. the George C. Smith Survey), the H.T. & B. R.R. Co. Survey, Section 25, Abstract No. 245, the H.T. & B. R.R. Co. Survey, Section 24, Abstract No. 549, (a.k.a. the George C. Smith Survey), the H.T. & B. R.R. Co. Survey, Section 16, Abstract No. 546, (a.k.a. the George C. Smith Survey), the H.T. & B. R.R. Co. Survey, Section 18, Abstract No. 547, (a.k.a. the George C. Smith Survey) and the H.T. & B. R.R. Co. Survey, Section 7, Abstract No. 242, all in Brazoria County, Texas. Said 2,097 acre tract is more particularly described by metes and bounds as follows: BEGINNING at the common corner between the H.T. & B. R.R. Co. Survey, Section 23, Abstract No. 290, the aforementioned H.T. & B. R.R. Co. Survey, Section 16, Abstract No. 546, the aforementioned H.T. & B. R.R. Co. Survey, Section 24, Abstract No. 549, and the aforementioned H.T. & B. R.R. Co. Survey, Section 18, Abstract No. 547, said point being an intermediate corner of the existing City of Pearland City Limit 100-foot strip as established by Ordinance No. 31, said point also being an intermediate corner of the City of Manvel City Limit line as recorded in Volume 774, Page 610 of the Brazoria County Official Records, furthermore said point is located in the intersection of County Road 101 and F.M. Road 1128; THENCE, West, along the common line between said the H.T. & B. R.R. Co. Survey, Section 18, Abstract No. 547 and the H.T. & B. R.R. Co. Survey, Section 23, Abstract No. 290, same line being the common line between said existing City of Pearland City Limit line and said existing City of Manvel City Limit line, for a distance of 22 feet to the west right-of-way line of F.M. 1128 ( based on a width of 110 feet); THENCE, North, leaving said common line between the existing City of Manvel City Limit line and the existing City of Pearland City Limit line as established by Ordinance No. 31, crossing said County Road 101 and along the west right-of-way line of said F.M. 1128, continuing along said west right-of-way line of F.M. 1 128 passing the north line of said existing City of Pearland City Limit line as established by Ordinance No. 31 at a distance of 100 feet and continuing for a total distance of 7,902 feet to a intermediate corner of the existing City of Pearland Cite Limit line as established by Ordinance No. 708, said point being in the north line of Fite Road (County Road 91, based on a width of 60-feet), THENCE, East, crossing F.M. 1128 and along said existing City of Pearland City Limit line and with the north right-of-way line of said Fite Road for a distance of 3,157 feet to the northwest corner of the existing City of Pearland City Limit line as established by Ordinance No. 677; THENCE, South, crossing Fite Road, leaving the existing City of Pearland City Limit line as established by Ordinance No. 708 and along said existing City of Pearland City Limit line as established by Ordinance No. 677 for a distance of 1650.18 feet to the southwest corner of said Ordinance No. 667; THENCE, East, continuing along said existing City of Pearland City Limit line for a distance of 825.00 feet to a point for corner; THENCE, North, continuing along said existing City of Pearland City Limit line for a distance of 298.18 feet to a point for corner; THENCE, East, continuing along said existing City of Pearland City Limit line for a distance of 1320.00 feet to the centerline of Harkey Road (County Road 103, based on a width of 60 feet), said point being in the common line between the aforementioned H.T. & B. R.R. Co. Survey, Section 15, Abstract No. 241 and the aforementioned H.T. & B. R.R. Co. Survey, Section 13, Abstract No. 240 and is the southeast corner of said Ordinance No. 677; THENCE, North, continuing along said existing City of Pearland City Limit line, same being the common line between said Section 15 and Section 13, same being the centerline of said Harkey Road, for a distance of 1,352.00 feet to the northeast corner of said Ordinance No. 677; THENCE, West, continuing along said existing City of Pearland City Limit line for a distance of 30.00 feet to the point of intersection of the west right-of-way line of said Harkey Road with the aforementioned north right-of-way line of Fite Road, said point being an intermediate corner of the existing City of Pearland City Limit as established by Ordinance No. 437; THENCE, North, leaving the existing City of Pearland City Limit line as established by said Ordinance No. 677 and along the existing City of Pearland City Limit line as established by Ordinance No. 437, same being the west right-of-way line of said Harkey Road, for a distance of 2,189 feet to a point for corner; THENCE, South 89°25'21" East, crossing Harkey Road and continuing along said existing City of Pearland City Limit line, at 60 feet passing the northwest corner of Lot 1 I of the Johnston Subdivision as recorded in Volume 5, Page 304 of the Brazoria County Plat Records and continuing along the north line of Lot II of said Johnston Subdivision for a total distance of 1,320 feet to a point for corner in the west right-of-way line of Wagon Trail Road (County Road 555 based on a width of 60 feet); THENCE, South, continuing along said existing City of Pearland City Limit line, same being the west right-of-way line of said Wagon Trail Road, for a distance of 281.5 feet to a point for corner; THENCE, East, crossing Wagon Trail Road, continuing along said existing City of Pearland City Limit line, same being the north line of Buena Vida Subdivision as recorded in Volume 8, Page 68 of the Brazoria Map Records, for a distance of 690 feet to the northeast corner of said Buena Vida Subdivision; THENCE, South, continuing along said existing City of Pearland City Limit line, said line being the west line of Lots 14, 15 and 18 of the Figland Orchard Subdivision as recorded in Volume 3, Page 77 of the Brazoria County Map Records, for a distance of 1,029 feet to the southwest corner of said Lot 18; THENCE, East, continuing along said existing City of Pearland City Limit line, said line being the south line of said Lot 18, for a distance of 635 feet to a point in the west right- of-way line of Hatfield Road (based on a width of 50 feet), same being the west line of the existing City of Pearland City Limit as established by Ordinance No. 78; THENCE, South, along said existing City of Pearland City Limit line as established by Ordinance No. 78, said line being the west right-of-way line of said Hatfield Road, for a distance of 3,555 feet to a point in the south right-of-way line of Magnolia Road (County Road 388, based on a width of 60 feet); THENCE, East, continuing along said existing City of Pearland City Limit line, said line being the south right-of-way line of said Magnolia Road, for a distance of 1,840 feet to a point for corner; THENCE, South 00°07'22" West, leaving the south line of said Magnolia Road and continuing along said existing City of Pearland City Limit line for a distance of 630 feet to a point for corner; THENCE, East, continuing along said existing City of Pearland City Limit line for a distance of 631 feet to a point for corner; THENCE, South, continuing along said existing City of Pearland City Limit line for a distance of 769 feet to a point for corner; THENCE, East, continuing along said existing City of Pearland City Limit line, passing an intermediate corner of the existing City of Pearland City Limit 100-foot strip as established by Ordinance No. 31 at a distance of 75 feet and continuing along said line for a total distance of 175 feet to a point in the west right-of-way line of McLean Road (County Road 104 based on a width of 40 feet), said point being the northwest comer of the existing City of Pearland City Limit as established by Ordinance No. 227; 3 THENCE, South, leaving the existing City of Pearland City Limit line as established by said Ordinance No 31 and said Ordinance 78, and along the existing City of Pearland City Limit line as established by Ordinance No. 227, said line being the west right-of-way line of said McLean Road, for a distance of 1,213 feet to the northeast corner of the existing City of Pearland City Limit as established by Ordinance No. 380; THENCE, South 89°52'59" West, leaving the existing City of Pearland City Limit line as established by said Ordinance No 227 and along the existing City of Pearland City Limit line as established by Ordinance No. 308 for a distance of 1,290 feet to a point for corner; THENCE, South 89°45'43" West, continuing along said existing City of Pearland City Limit line for a distance of 1,320 feet to the northwc.: corner of said Ordinance No. 308; THENCE, South 00°04'41" West, continuing along said existing City of Pearland City Limit line for a distance of 1,320 feet to the southwest corner of said Ordinance No. 308; THENCE, North 89°49' 19" East, continuing along said existing City of Pearland City Limit line for a distance of 2,612 feet to the southeast corner of said existing City of Pearland City Limit line as established by Ordinance No. 308, same being in the west line of the aforementioned existing City of Pearland City Limit line as established by Ordinance No. 227, said line also being the aforementioned west right-of-way line of McLean Road; THENCE, South, along said existing City of' Pearland City Limit line as established by Ordinance No. 227, same being the west right-of-way line of said McLean Road, for a distance of 100 feet to the southwest corner of said existing City of Pearland City Limit line as established by Ordinance No. 227; THENCE, East, crossing said McLean Road and continuing along said existing City of Pearland City Limit line for a distance of 6,008 feet to a point in the west line of the Atchison, Topeka and Santa Fe Railroad right-of-way (formerly the G.C. & S.F. Railroad, based on a width of 100 feet), said point being the northwest corner of the existing City of Pearland City Limit line as established by Ordinance No. 463; THENCE, South 13°47'40" East, leaving said existing City of Pearland City Limit line as established by Ordinance No. 227 and along said existing City of Pearland City Limit line as established by Ordinance No. 463, same being the west right-of-way line of said Atchison, Topeka and Santa Fe Railroad, to the point of intersection with the south line of that drainage easement as described in Volume 1107, Page 843 of the Brazoria County Deed Records; THENCE, West, leaving said existing City of Pearland City Limit line as established by said Ordinance No. 463 and along the south line of said drainage easement for a distance of 1,654 feet to a point in the west right-of-way line of Wells Drive (County Road 115 based on a width of 40 feet); 4 THENCE, North, along the west right-of-way line of said Wells Drive to a point in the north line of Lot 55 of Section 26 of the H.T , & B. R.R., Abstract No 550 as recorded in Volume 2, Page 129 of the Brazoria County Map Records; TLIENCE, West, along the north line of Lots 55, 45 and 35 of said Section 26, for a distance of 2,650 feet to a point in the west right-of-way line of Pearland Sites Road (County Road 143 based on a width of 60 fc:i ). THENCE, North, along the west right-of-way line of said Pearland Sites Road for a distance of 2280 feet to the point of intersection with the south right-of-way line of County Road 101 (based on a width of 60 feet), THENCE, West, along the south right-of-way line of said County Road 101, passing the east line of the existing City of Pearland City Limit line as established by said Ordinance No.31 at a distance of 13,070 feet, continuing across aforementioned F.M. 1128 for a total distance of 13,170 feet to the common line between the aforementioned existing City of Manvel City Limit line and the west line of said existing City of Pearland City Limit line as established by said Ordinance No.3 1, same line being the common line between the aforementioned H.T. & B. R.R. Co. Survey, Section 2-1, Abstract No. 549 and the aforementioned H.T. & B. R.R. Co. Survey, Section 23, Abstract No. 290; THENCE, North, along said common line between said existing City of Manvel City Limit line and the west line of said existing City of Pearland City Limit line, same line being said common line between said H.T. & B. R.R. Co. Survey, Section 24, Abstract No. 549 and said H.T. & B. R.R. Co. Survey, Section 23, Abstract No. 290 for a distance of 30 feet to the POINT OF BEGINNING, containing a computed area of 2,097 acres. NOTE: This description was prepared using numerous recorded subdivision maps, deeds and City Ordinances and does not represent an on -the -ground survey. October 3, 1997 Walsh Surveying, Inc. 2006 E. Broadway S-105 Pearland, Texas 77581 281-485-3991 Job No.97-128 Michael . Wilson R.P.L.S. Registration No. 4821 10- 3-9-1 satiMION 111 slum nai imiill/11= in i-iiii����C REVISED'. OCTCBER S. 1997 REVISED: SEPT. 24, i 997 CITY of P..r.a Tema WV ACRES 414211, MpF7ATgM --«, « epair SMUT or b., mucoovi na City of rearlanu Southwest Envirordn Exhibit "C" za1 Cenrer STATE OF TEXAS § COUNTY OF BRAZORIA § FIELDNOTE DESCRIPTION of a 108.013 acre tract of land located in the H.T. & B R.R Company Survey, Section 13. Abstract No. 240 and the H.T. & B.R.R. Company Survey, Section 14, Abstract No 509 in Brazoria County, Texas. Said 106.013 acre tract contains a part of Lots 45, 46, 52 and 51 and all of Lots 47, 48, 49, and 50 of the Figland Orchard Subdivision No 1 as recorded in Volume 3, Page 77 of the Brazoria County Map Records and is all of an 80 acre tract of land described in a deed recorded in Volume 403, Page 571 of the Brazoria County Deed Records. Said tract is described in a deed to Aubrey Ellis, et ali, in Volume 937, Page 946 of the Brazoria County Deed Records and is more particularly described by metes and bounds as follows: BEGINNING at a railroad spike set in asphalt as occupied by Harkey Road (County Road 103) at the point of intersection of the south line of the aforementioned original 80 acre tract with the west line of said H.T. & B.R.R. Company Survey, Section 14, Abstract No. 509: THENCE, North 00°03'40" West, along the west line of said Survey, same being the west line of said original 80 acre tract, for a distance of 1321.87 feet to a railroad spike set in asphalt for an angle. point, said point being the northwest comer of said 80 acre tract, same being the northwest comer of said H.T. & B.R.R. Company Survey, Section 14, Abstract No. 509 and the southwest comer of said H.T. & B.R.R. Company Survey, Section 13, Abstract No. 240: THENCE, East, along said common survey line, same being the north line of said 80 acre tract, for a distance of 25.00 feet to a 5/8-inch iron rod set for comer, said point is on the east right-of-way line of said Harkey Road (based on a width of 50-feet) according to the aforementioned Figland Orchard Subdivision Map and is the southwest comer of Lot 50 of said Subdivision; THENCE, North 00°03'40" West, along the east line of Harkey Road, same being the west line of said Lot 50, passing a 5/8-inch iron rod set for reference at 311.44 feet, continuing for a total distance of 356.44 feet to a point for comer in the centerline of Mary's Creek; THENCE, along the centerline meanders of Mary's Creek the following courses and distances: North 71°55'10" East, 221.88 feet, North 77°58'30" East, 204.42 feet, North 84°55'00" East, 200.76 feet, North 89°31'10" East, 660.27 feet to the west line of a 50-foot wide right-of-way according to the aforementioned Figland Orchard Subdivision No. 1 map; THENCE. South, along said west line. passing a 5/8-inch iron rod set for reference at 45.00 feet, continuing for a total distance of 491.22 feet to a 5/8-inch iron rod set for comer in the aforementioned common survey line between Section 13 and Section 14, same being the southeast comer of lot 49 of said Figland Orchard Subdivision; THENCE, East, along said common survey line, same being the south line of said Figland Orchard Subdivision, for a distance of 50.00 feet to a 5/8-inch iron rod set for comer in the east right-of-way line of said road, said point being the southwest comer of Lot 48 of said Figland Orchard Subdivision: Thence, North, along the east line of said road, passing a 5/8-inch iron rod set for reference at 446.64 feet, continuing for a total distance of 491.64 feet to a point for comer in the aforementioned centerline of Mary's Creek; THENCE, North 89°31'10" East, along the centerline of said Mary's Creek, for a distance of 1270.74 feet to its intersection with the west line of Hatfield Road (based on a width of 50-feet) as shown on the recorded map of said Figland Orchard Subdivision; THENCE, South, along said west line, a found'/. -inch iron pipe bears 25.00 feet east at a distance of 33.17 feet, continuing for a total distance of 502.30 feet to a 5/8-inch iron rod set in asphalt for the southeast comer of Lot 47 of said Figland Orchard Subdivision, said point being in the aforementioned common line between Section 13 and Section 14, same being the north line of the aforementioned original 80 acre tract; THENCE, East, along the north line of said 80 acre tract for a distance of 25.00 feet to a 5/8-inch iron rod set in asphalt for the northeast comer of the original 80 acre tract, a found pinch -top pipe bears North 02°23'58" East, 20.51 feet; THENCE, South, along the east line of said 80 acre tract, passing a found'/. -inch iron pipe at 1295.85 feet, continuing for a total distance of 1316.87 feet to the southeast comer of said 80 acre tract; THENCE, South 89°53'30" West, along the south line of said 80 acre tract, passing a 3/4-inch iron pipe at 2604.79 feet, continuing for a total distance of 2640.00 feet to the POINT OF BEGINNING, containing a computed area of 108.013 acres (4,705,045 square feet). There is saved and excepted from this tract a 2.020 acre tract and a 0.985 acre tract described in deed recorded in Volume 1666, Page 587 of the Brazoria County Deed Records and a 1.655 acre tract described in a deed recorded in Volume 956, Page 601 of the Brazoria County Deed Records for a computed net area of 103.353 acres. Bearings are based on the record bearings shown in Volume 937, Page 946 of the Brazoria County Deed Records July 23, 1997 Walsh Surveying, Inc. 2006 East Broadway, S-105 Peariand, Texas 77581 (281) 485-3991 Job No. 96-102 Micha 1 D. Wilson, R.P.L.S. Registration No. 4821 1. 25-91 tRACT 1 enr+o rrw T err- F[ Exhibit "D" Tract 2 PETITION FOR ANNEXATION OF LAND STATE OF TEXAS § COUNTY OF BRAZORIA § TO THE MAYOR AND CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: R. West Development Co., Inc. , ("Petitioner"), hereby petitions the Mayor and 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. In support of this petition, Petitioner would respectfully show the following: I. Petitioner is the owner of the tract of land described by metes and bounds in Exhibit "A" (the"Tract") attached hereto and made a part hereof for all purposes. II. The Tract at issue is less than one-half mile in width. III. The Tract lies contiguous to the City, wholly within the extraterritorial jurisdiction of the City, and is not located within the boundaries of any incorporated city or town. IV. The Tract is vacant and without residents or fewer than three qualified voters reside upon the Tract. WHEREFORE, PREMISES CONSIDERED, Petitioner prays that this Petition be filed with the Secretary of the City: that, thereafter this Petition be heard by the Mayor and City Council and granted in all respects, that the tract 1 of 2 be added to and become a part of the City, as provided by law; that, 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, Texas. RESPECTFULLY SUBMITTED THIS l0th day of July , 1997. R. West Develop By: a—�T� Title: President STATE OF TEXAS § COUNTY OF BRAZORIA § This instrument was acknowledged before me on this 10th day of day of July , 1997 by Renee' West 4'h KINDRA SMITH az , NOTARY PUBLIC • • +.�\,�,0,,: State of Texas Comm. Exp. 04-25-2000 J Nc aty Public in and for the State of TEXAS 2 of 2 Exhibit "A" Tract 2 Being a Iracl or parcel conararing 87 791)6 Acre, (3.X2a. I58 square led) vMm(ed to Section Fifteen, 11 T d'- 11 R R ('n Survey, AlLitract 211. Miliaria County, Tears. (nu/ being more /uJrticnlarly as fo/Insas the Northwest corner 01 Nest Oaks I-'rllage. Secuon One, Phase ".,I" as recorded in 1'olume IQ. Pages -137 & 138, flat Records of 1lrazoritr ('tunny, Texas, Thence West, coincident with the South Right -of -Way line of County Road Number 91 (60.00 fool Right -of Way). a distance of 990.00 feet to a point for a corner; Thence South, a distance of 10.00 feet to a point for a corner and the POINT OF BEGINNING; Thence South, a distance of 1250.00 feet to a point for a corner same being the Southwest corner of a 30 Acre 'Dads Club" tract; Thence East, a distance of 990.00 feet to a point for a corner same being the Southeast corner of said 30 Acre "Dads Club" tract; Thence South, a distance of 50.00 feet to a point for a corner; Thence East, a distance of 12.50 feet to a point for a corner; Thence South, a distance of 270.00 feet to a point for a corner; Thence East, a distance of 610.00 feet to a point for a corner; Thence South, a distance of 10.18 feet to a point for a corner; Thence East, a distance of 202.50 feet to a point for a corner; Thence South, a distance of 628.82 feet to a point for a corner; Thence West, a distance of 361.00 feet to a point for a corner; Thence South, a distance of 221.00 feet to a point for a corner; Thence West, a distance of 389.38 feet to a point for a corner; Thence South, a distance of 140.00 feet to a point for a corner; Thence West, with the South line of said Section Fifteen, H. T & 8 R. R Co. Survey, Abstract 241, a distance of 1775.18 feet to a point for a corner; PROPERTY EXHIBIT Thence North 00 (leg. 00 min 59 sec E•atsl departing from the said South Section hi/teen line, and with the East line of a Pearland School District 80 00 Acre tract, a distance of 2.640 00./eet to a point being in the North right -of -testy line of County (toad No 91 as recorded in Yolurne 776, Page 395, 13-CD.R., Thence East, along the North Right -of -Way line of County Road ;Number 91 (60.00 fool Right -of Way), a distance of 710.56 feel to a point for a corner. Thence South, a distance of 70.00 feet to a point for a corner and being the POINT OF BEGINNING of the herein described tract of land being 87.7906 Acres (3,824,158 square feel). m: I word 1 b9601132. doc Page 2 of 2 PROPERTY EXHIBIT 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 / issues, as follows: No. / Date 8` 21 19 ill No. Date 19 No. Date 19 No. Date No. Date 19 Subscribe and sworn to before me this 2 F 19 day of 0 Notary Public;,Stafe of 7"exs L�au'C fi "t=iifmons;Di fisher y -PUBLIC NOTICE OT o OF PUBLIC HFAR: ONANNE CATION Is hereby given that a hearing wit be held by CyrCowtcisfthe t yof eadand,'Texas, In the Chanters, ay Has, 19 Lbeny Drive, Peartand, axes, at 6:30 P.M. on eptefnber 8, 1997, for the urpaee of considering into the citygrafts the klaaweg property: ELD NOTE DESCRIPTION f a 2,097 acre tract to be nnexed into the City of Garland, Brazoria County, exas. Said 2,097 acre tract part of the H.T. & B. R.R. _ o. Survey, Section 15, No, 241,1he W.f. & R.R: 00.-Surtiy,.SecHan . Ahabad No. SO, pre H;7. Riot. Co. Survey,, Section -Ma ndl N4 j09, (aJc a F. B. Drake Survey), the T & S. R.R..Oo. Survey; 12, Abstract No. 506, ", .k.a. the F. B. Drake rvey), the A.C.M. & B. rvey, Section 2, (aka. F. a Drake Survey), Abstract 507, the H. Stevens Abstract No. 594, the B. R.R. Co. Survey, 27, Abetted No. 308, th %. H.T. & B. R.R. Co. Su ey, Section 26, Abstract Nor550, (a.k.a. the George C. Survey), the H.T. & B. R. Co. Survey, Section 2 • • :. No..245, the H.T. & : R.R. Co. Sunray, Section 24,Abstract No. 549, (a.k.a. C. Su th H.T. & S R R ), S , Section 23, Abstract 290, the H.T. & B. R.R. C ; Survey, Section 16, ct No: 548, (a.k.a. the rge C. Sntth Survey), the & B. R.R. Co. Survey, 18, Abstract No. 547, ( .k.a. the George C. Smith urvey) and the H.T. & B. R. Co. Survey, Section 7, bstract No. 242, all in County, Texas. Said 106 acre tract is more par - described by metes bounds as follows: tMENCING at the cor- n corner between the remenHoned H.T. & B. R. Co. Survey, Section 16, Abstract No. 546, the H.T. & B. R.R. Co. Survey, Section 24, Abstract No. 549, the H.T. & E. R.R. Co. Survey, Section 23 Abstract No. 290 and the & B. R.R. Co. Survey, Section 18, Abstract No. 547, ate to satim t being an intertaed. er.of the emathgCay of Noland City Limit 1 00- ft* atria ore 4sueblahed by Ordinance No. 31 and Is located In the Intersection of County Road 101 and F.M. Road 1128; , THENCE, South along the ommon line between said he H.T. & B. R.R. Co. urvey, Section 24, Abstract o. 549 and the H.T. & B. R. Co. Survey, Section 23, red No. 290, same being; id existing Cityof Peartand ily tind line, for a dsfahce f r•f 3p feet to the projected south right-of-way line of County Road 101 (based on a width of 60 feet); THENCE, West, leaving the existing City of Pearland City Limit line as established by Ordinance No. 31 for a dis- tance of 22 feet tote POINT . OF BEGINNING, said point e• : mg the point of intersection 1 pf the south right-of-way line 1 f County Road 101 (based 1 a width of 60 feet) and the in est right-of-way line of F.M. t 128 ( based on a width of 1 I p0 feet); H. HENCE, North, crossing id County Road 101 and ng the west right-ot way lif666eeee of said F.M. 1128, pass - the south fine of the alore- m ntioned existing City of P ' nand City Limit line as e ed by Ordinance No. 3 at a distance of 30 feet, c ntinuing along said west hi -of -way line of F.M. 112a ng the north Ina of said fisting City of Pearland City I71nd• lire as established by dloanceNo. 31 at a die- ce of 130 feet and confirm- ng for a total distance of 932 feet to a intermediate. comer of the existing City o `i Pearland City Limit line a established by Ordinance 708, said point being in th north line of Fite Roa (County Road 91, based on width of 60•feet); THENCE, East, crossing F.Mt -1128 and along said exis r. City ofPearland City Limit ' and with the north right-o way lime of said Fite Road a distance of 3,157 feet to northwest comer.of the log City of Peartand City line as established Ordinance No.677; THENCE, South, crossin Fite Road, leaving the exist; ing City of Peartand City line as established by Ordnance No. 708 and eking said existing City of Pearlerd 'CityLknit tine as established , bj Ordinance No. 677 for a 1 distance of 1850:18 feet to sadhwest.comer of said No. 667; HENCE, East, continuing long said existing City of eadand City Limit line for a 'stance of 825.00 feet to a for comer, ENCE, North, continuing ng said existing City of City Ural line for a pfall teeiba THENCE, East, continuing along said existing City of Peartand City Limb line for distance of 1320.00 feet the centwine of Harkey (County Road 103, based a width of 60 fiat), said being in the common li between the aforemention H.T. & 8. R.R. Co. Surve Section 15, Abstract No. 2 and the aforementioned H & B. R.R. Co. Survey, 13, Abstract No. 240 and t e sdubeasl comer of as Ordinance No.677; ' THENCE, North, continua along said existing City Peartand City Limit line, same being the common tine between said Section 15 and Section 13, same being the centerline of said Harke Road, tor a distance o 1,352.00 feet to the north comer of said ordinance 677; ... . t THENCE, West, continuing long said existing City of eadand city: Limit tine for a istance of 30.00 feet to the int of intersection of the dght-M way15 of said dray Road with the afore - Honed north fight -of -way of Fite Road, said point an intermediate comer the existing City of a1d as estab- No437;.437; North, leaving the sf Fgpfa94 Jai Ilia astabfiehed by ,�said Ord atrat No. 677 and yaidnniadand Li t line of as established byOrdinance No. 437, same being the west right-of-way line of said Harkey Road, for a distance' of 2,189 feet to a point for COMBS; 1 THENCE, South 89°25'21' f East, crossing Harkey Road and continuing along said existing Ciry of Pearland City ; Limb line, at60.feet passing the northwest comer of Lot 11 of the Johnston Subdivision as recorded in Volume 5, Page 304 of the Brazoria County Flat Records and con- 1 tinting along the north line of Lot 11 of said Johnston Subdivision fora total dis- tence of 1,320 feet to a pad for comer in the west right-of- way fine of Wagon Trail Road (County Road 555 based on a ; width of 60 feet); THENCE, South, continuing along said existing City of ?' Pentland City Limit line, same tbeing the west right-of-way'' 'yline of said Wagon Trail', i Rosd, fora dares d 28151, ;feet toapoint for comer, % f THENCE, EasWaled Trd t. crossing r along said matting ogarland City Umit line, ISM f I .ice rbM fine of Rhea 'Vida bdvispn as recorded Jn VolumeSu8, Page 68 of the ►MP4e(a it Sint te the aeahltast udraar of said ty V(da ti ibdhdelon; THENCE, South, continuing along said existing City of Olt* five, said 'I line being the west line of Lots 14, 15 and 18 of the Figiand Orchard Subdivision as recorded In Volume 3, Page" 77. of the Brazoria County Map Records, for a dietanos at 1,029 feet to the comer of said Lot 18; THENQE. East, cgntlnuing' along sald existing City of Pe it n¢ QBy Lxtgf ire, said iint squib line u - ` of pd d ti35 toa in the west right-of-wsy. tine. of "Hatfield Road Rased on a width 50 feet), same beingthe west line of the existing City of Padaihd Limit as eS» iaihedhy No.78; THENCE, South, along said existing titled Peadand City Limit line as established by Ordinance No. 78, said line being the west right-of-way line of said Hatfield Road, for a Mang) of3$551setto a Peke in the solidi fight -of -way line of Magnolia Road (County Road 388. based on awiShof60feet); THENCE, EasL:continuing. way line of said Mclean along said exerting City of Road a deface d 1213 Padad City t1i' line, aid feet b the ndNtance f 1,2 air line being the south right -of- she seising City d Panarh's yidine:tseldTMa9nolla bra distanced 1,840 City Limit as established by Qidnance Na 380; THENCE, South 89°52'59' West, Waring the leg City d Portend City Lank line as established by said Ordnencee No. 227 and along the existing City of Peadand City Limit line as established by Ordinance No. 308 for a distance of 1,290 feet to a point for comer, rb a pdrskr conwr; THENCE, South 00°07'22' West, leaving the south line of said Magnolia Road and con- tinuing along said existing: !CRY d PeadandOly Limit tine for a distance of 830 feet to a nclot*comer; THENCE, East, continuing along said existing City of Peadand City Ling line for a distance of 631 feet to a point forearm; THENCE South, continuing along said existing City oft Peadand City Limit fine for a' distanced 769 feet to a for comet; HENCE, Eat, coati 10441tl'IAs8n fae})s� the noMwest co e g�SPea timitas estabNNh: No. 227; ENCE, South, leaving City of Parland C' ettaleed Manes No. 31 tldQr* ee 78, acid the etdsWg City of Petulant' Pined sit ins as establshed by Ordinance No. 227, saki fine being the west right -of - HENCE, South 8945'43' kvis ea, continuing along said ' Cry of Peden(' City mit line for a distance of 1020 feet to the northwest comer of said Ordnance No. HENCE, South 00°04'41' est, continuing along said xistlng City of Peadand City 'hit line for a distance of 320 feet to the southwest of said Ordinance No. otgi 09.°49'19' along said dPeadand City mit htix�ora distance of ,612 feet to the southeast met of said eidsti g City of eadand city Limit line as —taihanc�e No. west efientuned 'Peadand City Tisihed by 2 :said line Dilittoremen- right-of-way line McLean Road; ENCE. South,along said d ry atPearke ay' fine as established by rdinsnteito, 227, same ing the west right-of-way Ere d said IWan toed br distance of ZOO feet to the outhwest torner<of said xising Gity of"Remand City imh toe as established by Ordnance No.227; BCE, Eastcrossing said Road and continuing long said existing City of Oily Limit One for a t?@86 feet toa of the Sante Fe Railroad dgtdof way (for - merry the G.C. & S.F. Rairoad, based on a width d 100 feet), said pond being the tenhwest comer d the ex ist- Ciy of Peadand City Limit ne as established by rice No.463; THENCE, South 13 147'40' East, leaving said existing of Readand City Limit -line s established by Ordinance . 227 and along said exist - City of Peadand City Limit line as established by Ordinance No. 463, same being the west right-of-way tine d said Atchison, Topeka and Santa Fe Raped, for a ;distance of 8,882 lest; to the point of Werseeiao with the south -line ot<{srainage easement as inscribed in Volume 1107e Page 843 of the Brazoria County Deed Records; THENCE; Waef: Iwo Cab by existing exbWg ciY; Limit fife aa+ said Ordinance N along theism*i drmeainage ta the re o Walls Drive ('' unly Road 115beedenawidthof40 THEN' west Watts `t tine' fob ac' 251 feet b a point In theihoM line d Lot 55 28 01. the aT,,;-$= Nis d Na l 5(1 fid >9�Ai(Id114 In; Records; Volume $ Pa9 ty9 of the Brazoila county Map' r , } THENCE, West, abaci the north fine Of WOES. 45.1md 35 of said Sidon 28; for a distance of 2,650 feet to a Point althe walldght-of-aay line dPe Beet Read (County Road 143baitedo width of 60 feet); THENCE, North, along the west rtgla24ayane of sail' Padand $Be.Roedbrade lance0422601 gitpttgpon d htterse`cton wfti. t oil snuff right•of--way 1In• &county Road 101 (based on a width 60 feet); THENCE, Weak, along the xxth dght'dd 101,pie atsab ounty7oad 1A1, passing east lone of the existing .BySP dwit.imitune s estebtsheddcty-by<said rdinance f4o.31 at a dis- efoamen- oas$no the City f$ as albllaed by' said rdinade Now31 at a dis- d 13:100 feet, coot iu' for a total<dlstance_of ,192 to the; POiNT OF GINNING, coMaining a reputed area of 2,097 I interested citizens and openy owners are hereby oftheir right to appear be heard on the mailer. oung Lotting Secretly site is accessible to ds- ndnldafs. For special ssisiance, such as the need r dal inlapraters or braille tents, please call Young at 485.2411, ext. 341, rior to the lidding so that opriate meats be AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties 1, 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 / _ issues, as follows: No. 1 Date 1 ' 19 4/1 No. Date 19 No. Date 19 No. Date 19 No. Date 19 Subscribe and sworn to before me this 19 1) NCatr\ .(liyy>rrvr rV Editor dayaf'‘ Notary: Rtiblicy;State of Texas LauraAnn Emmons, Publisher NOTICE OP PUBLIC NEAR- ING ON ANNEXATION Notice is hereby given that a pubic hearing will be hell by the City Council of the City of Peadand, Texas, in the Council Chambers, City Hall, 3519 Liberty Drive, Pearland, Texas, at 6:30 P.M. on September 15, 1997, for the purpose of considering annex. Moon Otto the city links of the 'AwigproPerty; FIELD NOTE DESCRIPTION of a 2,097 acre tract to be annexed into the City of Peadand, Brazoria County, Texas. Said 2,097 acre tract is part othe fit &B.R.R. go. Survey, Section 15, AbsbadNo. 241, the H.T. &B 8 R. Co. Survey, Section 13, *street No..240, the H.T. & 9: R R. Co. Survey, Section 14, Abstract No. 509, (a k a. die F. B. Drake Survey); the & t(T.,B. R,R.'Co. Survey, %Wen 12, Ababact 508,. (a.k.a. the F. B. Drake rvey), the A.C.H. & B. Section 2.eat FB. Survey). Abstract No. 7, the N. Stevens Survey, No 594.1he H.T. & B .R. Co. Survey, Section 27; Abstract No 308, the H.T. & B. R.R Co Survey , �,�►.daka. tc RR swko, eY. Sectod 25, Ababact No. 245, the H.T. & B R R. Co. Survey, Section 24, Abstract No. 549, (a.k.a. the George C Smith Survey), the H.T. & B. R.R. Co. Survey, Section 23, Abstract No. 290, the H.T. & 8 R FL Co. Sunray, Sefton 18, Abstract. No. 546,, (a kit the George C. Smith Survey), the H.T. & B. R.R. Co. Survey, Section 18, Abstract No. 547, (a k a the GH.T.Geo.ge6 B- u q )an Survey, Section 7, Abstract No. 242, all in Brazoria County, Texas.'Said 2,106 acre tract is more particularly described by metes and bounds as follows: mothe com- mon between the the afore ned H.T. & B. R.R. Go. Byvey, Section 16, Abstract No.'S46, the H.T. & B. R.R. Co. Survey, Section 24, Abstract No. 549, the H.T. & 8. R.R. Co. Survey, Section 23, Abstract No. 290 and the H.T. 4 4- R R. 00. i° &Cant 18, Abtb net N0. saki Pant being tit inform& ate caner of the exMtMg Gty of Peadand City Limit 100-foot strip as established by Ordinance No. 31 and is located in the intersection of County Road 101 and F.M. Road 1128; THENCE, South along the common line between said the H T. & B. R.R. Co. Survey, Section 24, Abstract No. 549'and the H.T. & B. R R. Co. Survey, Section 23, Abstract No. 290, same being said existing City of Peadand City Limit line, for a distance of 30 feet to the projected south right-of-way line of County Road 101 (based on a with of 60 feet); THENCE, West, leaving the existing City of PearteTd City Limit line as established by Ordinance No. 31 for a dis- tance of 22 feet to the POINT OF BEGINNING, said point losing the point of ! 9t the south rlghtof-Way ylhe Of County Road 101 (based rite wid6i of 60 feet) and the t)sst right-of-way line of F.M. ta28 ( based on a width of 120 feet THENCE, North, crossing said County Road 101 and along the weat,right-of-way the o1 said F M.1128, pass- :i ing the south Ono of the afore- mentioned existing City of Pearland City Limit line as .estabtithed by Ordnance No. 31 at a distance of 30 feet, continuing along said west right-of-way line of F M. 1128 passing the nodh line of said misting City of Peadand City Limit line as established by Ordinance No. 31 at a dis- tance of 133 feet and continu- ing for a total distance of 7,932 feet to a intermediate corner of the existing City of Peadand City Limit line as established by Ordnance No. 708, said point being in the north line of Fite Road (County Roth 91, based on a width of 60-feet); T ENG& Ern F M. CityotPea Mime,, and with the nortffli4Tit-of-way line of said Fite Road for a distance of 3,157 feet to the northwest comer of the exist- ing Goy of PeadandCty Unit line as established by OrdinanceNo.677; - r tr.cassias FIN -Road, 'whit the sids819 City 01 Gay Limit fine as established by Ordinance No. 706 and along said exist- ing City of Peadand City Limit line as established by Ordinance No. 677 for a dis- tance of 1650.18 feet to the southwest corner of said Ordinance No. 667; THENCE, East, continuing along said existing City of Pearland City Limit line for a distance of 825.00 feet to a point for comer; THENCE, North, continuing along said existing City of Peadand City Limit tine for a distance -of 298.18 feet to a point for comer; HENCE, East, continuing along said existing City of Pearland City Limit line for a distance of 132000 feet to the ,centerline of Harkey.Road (County Road 103, based on widthcf 6fi feet), said.poad nag (8 the common, line entipaed Survey, 241 and the 2&B R R. t.-Stnvey, secoot 13, Abstract No. 240 and is the southeast corner of said Ordinance No: 677; THENCE, North, continuing along said existing City of Pearland City Lim t line, same being the common line between said Section 15 and Section 13, same being the centerline of said Harkey Road, for a distance of 1,352)0feet to the northeast comer of said Ordinance No. 677; THENCE, West, continuing along said existing City of Pearland City Limit fine for a distance of 30 00 feet to the point of intersection of the west right-of-way line of said Harkey Road with the afore- mentioned north rightof-way line of Fite Road, said point being an intermediate comer of the existing City of Peadand City Limit as estab- lished by Ordinance No. 437; THENCE, North, leaving the existing City of Pearland City Limit line as established by said Ordinance No. 677 and along the existing City of Pearland City Limit line as established by Ordinance No. 437, same being the west right-of-way fine of said Harkey Road, for a distance of 2,189 feet 50 a point for cor- ner, THENCE, South 89°25'21' East, crossing Harkey Road and continuing along said imaging City of Pearland City Limit line,; at 60 feet passing the northwest comer of Lot 11 of the Johnston Subdivision as recorded in Volume 5, Page 304 of the ,Brazoria County Plat Records and con - mute; along the north Ilia; of, Lot 11 of said Johnston Subdivision; (or1, tptai'dis• time of 1,320.fent 10.-ap0iM. for comer kt the west right-of- way fine of Wagon Trail Road (County Road 555 based on a width of 60 feet), THENCE, South, continuing along said existing City of Peadand City Limit Rte,same being the west right if•way line of said Wagon Trek Road, for a Elston:. of 281.5.feet to a pohj foroompr, THENCE, East, crossing Wagon Trak Road, continuing along said existing City' of Pearland City {Nit ins, same being the north dna of Buena Vida Subdivision as recorded in Volume 8, Page 68 of the Brazoria Map Records, for a distance of 690 feet to the northeast corner of said BuenafidaSubdiviSon THENCE, South, continuing along said existing City of Pearland City Limit line; said line being tenet fine of Lots 14, 15 and 18 of Ma Figland Orchard Subdivision as recorded In Volume 3, Page 77 ofthe-Brazoria County Map Records, for a distance of 1,028 Mfto tw-southwest comer of said Lot 18; THENCEiliantkliontillging along tit. Peara Liigint saki' line bertg'the South -line of said Lot 18, for a distance of 635 leet to a point in the west right-of-way line of Hatfield Road (based on a width of 50 feet), same being the west line of the existing City of Peadand City Limit as estab- lished by Ordinance No. 78; THENCE, South, along said existing City of Pearland City Limit line as established by Ordinance No. 78, said line being the west right-of-way line of said Hatfield Road, for a distance of 3,555 feet to a point in the south right-of-way fine of Magnolia Road (County Road 388, based on a width of 60 feet); THENCE, East, continuing along said existing City of Peadand City Limit fine, said line being the south rightol- way line of said Magnolia Road, for a distance of 1,840 feet tea point for corner, THENCE, South 00°07'22' West, leaving the south line of said Magnolia Road and con- tinuing along said existing City of Pearland City Limit fine for a distance of 630 feet to a point fix comer; THENCE, East, continuing along said existing City of Parkin:I City Limit !the for a distance of 831 feet to a point for comer, THENCE, South, continuing along said existing City of Peadand City Limit line for a distance of 760 feet b a polnt for cOrrwr, THENCE, East, continuing along said existing City of Pearland City Limi line, pass- ing an intermediate comer of the existing City of Pearland City Limit 100-foot strip as established by Ordinance No. 31 at a distance of 75 feet and continuing along said line fora total distanced 175 feet to a point In the west right-of- way line of McLean Road (County Road 104 based on a width 01 40 feet), said point being the northwest comer of the existing City of Peadand City Limit as established by Ordnance No. 227; THENCE, South, leaving the existing City of Peadand City Limit line as established by said Ordinance No. 31 and said Ordnance 78, and along the existing City of Peadand City Limit fine as established by Ordinance No. 227, said line being the west right-of- way line of said McLean Road, for a distance of 1,213 fed to the northeast comer of the existing City of Pearland City Lida i s established by Ordinance No.390; THENCE, South 89°52'59' West,100410 the existing CAN of.Pearland City Until fne as established by said Ordnance No, 227 and along the existing City of Pearland City Limit line as established by Ordinance No. 308 for a distance of 1,290 feet to a point for coma; THENCE, South 89°45'43' West, continuing along said existing City of Pearland City Limit line for a distance of 1,320 feet to the northwest comer of said Ordnance No. 308; THENCE South 00°04'41' West, continumnajong said; d.Pearlafd Clti, Limit line for a distance of 1,320 feet to the southwest comer of said Ordnance No. 308; THENCE, North 89°49'19' East, continuing along said existing City of Pearland City Limit line for a distance of 2,612 feet to the southeast comer of said existing City of Pearland City Limit line as established by Ordinance No. 308, same being in the west line of the aforementioned existing City of Pearland City Limit line as established by Ordinance No. 227, said line also being the aforemen- tioned west fight -of -way line of McLean Road; THENCE, South, along said existing City of Pearland City Limit line as established by Ordinance No. 227, same being the west right-of-way line of said McLean Road, for a distance of 100 fed to the southwest corner -of said existing City of Peaifanp:City Limit line as established by Ordnance No. 227; THENCE, East, crossing said McLean Road and continuing along said existing City of Peadand City Limit WWI for a distance of 6,008 feet to a point in the waatims finite Atchison, Topeka Slants Fe Rakrad right*qy (for- merly the Q.C. S.F. Railroad, based on a width of 100 fed), said point being the noMwest comer ate mist- ing City of Peadand City Limit line as established by Ordnance No. 463; THENCE, South 13 °47'40' East, leaving said existing City of Pearland City Link ire as established by Ordnance No. 227 and along said exist- ing City of Pearland City Unit line as established by Ordinance No. 463, same being the west right-of-way lire of said Atchison, Topeka and Santa Fe Railroad, for a distance of 3,882 feet to the point of intersection with the south line of that drainage easement as described in Volume 1107, Page 843 of the Brazorla County Deed Records; THENCE, West, bathe said existing City of Penland City Limit line as established by said Ordinance No. 463 and along the south line of said drainage easement for a dis- tance of 1,654 feet to a point in the west right-of-way be of Wells Drive (County Road 115 based on a width of 40 fed); THENCE, North, along the west right-of-way line of saki Wells Drive for a distance of 251 feet toapoint inthe north fine dLot 55aSedion26of the H T, 8 B R.R., Abstract No. 550 as recorded in Volume 2, Page 129 of the 8razoria County Map Records; THENCE, West, along the north lined Lots 55, 45 and 35 of said Section 28, for a distance of 2,850 feet to a pond in the west right -Et -way line of Pearland Sites Road (Ginty Road 143 based on a width of 60 feet); All Interested citizens and property owners are hereby notified of their right to appear and be heard on the matter. lsNYoung Loring City Secretary This site is accessible to dis- abled indwiduals. For special assistance, such as the need for deaf interpreters or braille materials, please call Young Loring at 485.241t, ext. 341, prior to the meeting so that appropriate arrangements can be ntade. THENCE, North, along the west right-of-way iehe ot.saia Poland Sites Road fora dis- tance of 2280.feet lathe pant ol inteisir*ri with the south •rig t' ty" Road 101 (based on a width of 6o feet); THENCE, West, along the south right-of-way fine of said County Road 101, passing the east line of the existing City of Poland City Limn fine as established by said Ordinance No 31 at a dis- tance of 13,070 feet, continu- ing across the aforemen- tioned F.M. 1128 passing the west lee of said existing City of Pearland City Lit line as established by said Ordinance No.31 at a dis- tance of 13,170 feel continu- ing for a total distance of 13,192 to the POINT OF BEGINNING, containing a computed area of 2,097 acres. Young Lorfing City Secretary (281) 485-2411 x341 Telecopier (281) 485-1106 November 3, 1997 Dolly Bailey County Clerk Brazoria County Courthouse 111 E. Locust, Suite 200 Angleton, TX 77515-4654 Dear Ms. Bailey: Enclosed are certified copies of two recent annexation ordinances for the City of Pearland. Each ordinance contains a legal description and vicinity map for each annexation. Please update your records to reflect these recent additions to the City limits of the City of Pearland. The ordinances are summarized as follows: Ordinance No. Effective Date General Description • 826 10-27-97 vicinity of FM 1128 and 2097 County Road 101 • 828 10-27-97 vicinity of County Roads 452 89 and 91 Area (Acres) If you need earlier annexation ordinances, please contact Debbie Schielke at 281-485-2411. Any other annexation -related questions should be directed to Alan Mueller. /bjb Sincerely, City Secretary 3519 LIBERTY DRIVE • PEARLAND, TEXAS 77581-5416-19 • (281) 485-2411 • www.ci.pearland.tx.us CERTIFICATION THE STATE OF TEXAS § COUNTIES OF BRAZORIA & HARRIS § 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. 826 - ANNEXATION OF APPROXIMATELY 2097 ACRES SOUTH AND WEST OF THE CURRENT CITY LIMIT IN THE VICINITY OF FM 1128 (MANVEL ROAD) AND COUNTY ROAD 101 IN BRAZORIA COUNTY, TEXAS; passed and approved by City Council on October 27, 1997. Witness my hand and seal of the City of Pearland, Texas, this 3rd day of November, 1997, at Pearland, Texas. (SEAL) L7 ngLi•� i C' y Secretary 3519 LIBERTY DRIVE • PEARLAND, TEXAS 77581-5416-19 • (281) 485-2411 • www.ci.pearland.tx.us