Loading...
Ord. 0762 12-20-96ORDINANCE NO. 762 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; 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 November 11, 1996, at 7:30 o'clock p.m. and on November 25, 1996, at 7:30 o'clock 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 WHEREAS, the City Council finds and determines that the annexation intended by this Ordinance is in the best interests of the City of Pearland and benefits the health, safety, and welfare of the citizens of said City; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the boundaries and limits of the City of Pearland, Texas, are hereby extended to embrace and include all of the territory described in Exhibit "A" attached hereto and made a part hereof, and such territory is hereby annexed to and made a part of the City. Section 2. The plan for extension of municipal services into the territory annexed to the City of Pearland by the provisions of this Ordinance is set forth in the "City of Pearland, Texas, Service Plan for Approximately 1,213 Acres of land located along SH 288 from approximately 900 feet south of McHard Road and extending southward approximately 14,000 feet 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 3. The City Council officially finds, determines, recites and declares that sufficient written notices of the date, hour, place and subject matter of the meetings of the City Council at which this Ordinance was considered were posted at a place convenient to the public at the City Hall of the City of Pearland for the time required by 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 2 and posting thereof. Section 4. 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. 3 PASSED and APPROVED on first reading this / f day of , A. D., 1996. �dYr� Tom Reid, Mayor ATTEST: a da C. Benitez, City Secreta PASSED and APPROVED on second and final reading this Otret day of , A. D., 1996. ATTEST: YoI C. Benitez, City ecretary APP •VED AS TO FORM: m M tes McCullough, City Att•L ey 4 PLJ Tom Reid, Mayor 97 035795 CERTIFICATION THE STATE OF TEXAS § COUNTIES OF BRAZORIA & HARRIS § 0 7;1 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. 762 - ANNEXATION OF 1213 ACRES OF LAND GENERALLY DESCRIBED AS THE STATE HIGHWAY 288 CORRIDOR IN BRAZORIA COUNTY INTO THE CITY OF PEARLAND; passed and approved by City Council on December 20, 1996. Witness my hand and seal of the City of Pearland, Texas, this 2nd day of October, 1997, at Pearland, Texas. • (SEAL) WENDY STA IORF ASSISTAN CITY SECRETARY RECORDER'S MEMORANDUM: At the time of recordation, this instrument was. found to be inadequate for the best photographic reproduction because of illegibility, carbon, or photo -copy, discolored paper. etc. All blockouts, additions and changes were present at the time the instrument was filed and recorded. 3519 LIBERTY DRIVE • PEARLAND, TEXAS 77581-5416-19 • (281) 485-2411 • www.ci.pearland.tx.us ORDINANCE NO. 762 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; 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 November 11, 1996, at 7:30 o'clock p.m. and on November 25, 1996, at 7:30 o'clock 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 WHEREAS, the City Council finds and determines that the annexation intended by this Ordinance is in the best interests of the City of Pearland and benefits the health, safety, and welfare of the citizens of said City; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the boundaries and limits of the City of Pearland, Texas, are hereby extended to embrace and include all of the territory described in Exhibit "A" attached hereto and made a part hereof, and such territory is hereby annexed to and made a part of the City. Section 2. The plan for extension of municipal services into the territory annexed to the City of Pearland by the provisions of this Ordinance is set forth in the "City of Pearland, Texas, Service Plan for Approximately 1,213 Acres of land located along SH 288 from approximately 900 feet south of McHard Road and extending southward approximately 14,000 feet 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 3. The City Council officially finds, determines, recites and declares that sufficient written notices of the date, hour, place and subject matter of the meetings of the City Council at which this Ordinance was considered were posted at a place convenient to the public at the City Hall of the City of Pearland for the time required by 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 2 and posting thereof. Section 4. 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. 3 PASSED and APPROVED on first reading this / rit day of , A. D., 1996. Tom Reid, Mayor ATTEST: a da C. Benitez, City Secreta PASSED and APPROVED on second and final reading this ciltit day of , A. D., 1996. ATTEST: S. Yol. .. C. Benitez, City Secretary APP's'•VED AS TO FORM: tes McCullough, City Att 4 c /Vvt ti?erj Tom Reid, Mayor "EXHIBIT A" METES AND BOUNDS DESCRIPTION 1,213 ACRES, MORE OR LESS 1,213 acres, more or less, located in the William Morris Survey, Abstract No. 344; the H.T.&B. RR Co. Survey, Section 85, Abstract No. 304; the John W. Maxey, Abstract No. 675; the H.T.&B. RR Co. Survey, Section 81, Abstract No. 300, the R. B. Lyle Survey, Abstract No. 539, and the R. B. Lyle Survey, Section 88, Abstract No. 540 of Brazoria County, Texas, said 1,213 acres, more or less, being more particularly described by metes and bounds as follows: BEGINNING at the southwest corner of Brazoria County Municipal Utility District No. 5 (B.C.M.U.D. No. 5), being the southwest comer of said John Crawley Survey, Abstract No. 174, lying on the center -line of Hughes Ranch Road and also lying within the State Highway 288 (SH 288) right-of-way; THENCE EASTERLY, 1,261 feet, more or less, along the southerly lines of B.C.M.U.D. No. 5 and said John Crawley Survey, and along said center -line of Hughes Ranch Road to the east right-of-way line of SH 288; THENCE SOUTHERLY, 60 feet, more or less, crossing Hughes Ranch Road to the south right- of-way line; THENCE WESTERLY, 200 feet, more or less, along the south line of Hughes Ranch Road and across a Texas Department of Transportation taking to the north right-of-way line of County Road 94; THENCE WESTERLY, 422 feet, more or less, crossing County Road 94 and along said south line of Hughes Ranch Road, to the beginning of a cutback comer; THENCE SOUTHWESTERLY, 83.67 feet, more or less, along said cutback to said east right-of- way line of SH 288; THENCE SOUTHERLY, 3,677.49 feet, more or less, along said east line of SH 288 to the beginning of a curve to the left; THENCE SOUTHERLY along said east line of SH 288 and said curve to the left through a central angle of 00 degrees 10 minutes 06 seconds to the beginning of a curve to the left; said curve having a radius of 11,249.16 feet, an arc length of 33.07 feet, more or less, and a long chord length of 33.07 feet bearing SOUTHERLY; THENCE SOUTHEASTERLY along said east line of SH 288 and said curve to the left through a central angle of 55 degrees 51 minutes 49 seconds to a point of reverse curve, said curve having a radius of 1,091.35 feet, an arc length of 1,064.07 feet, more or less, and a long chord length of 1,022.42 feet bearing SOUTHEASTERLY; THENCE SOUTHEASTERLY along said east line of SH 288 and a curve to the right through a central angle of 36 degrees 56 minutes 27 seconds to the beginning of a cutback corner of Farm -to -Market Highway 518 (FM 518) (formerly FM 3344), said curve having a radius of 446.46 feet, an arc length of 287.85 feet, more or less, and a long chord length of 282.89 feet bearing SOUTHEASTERLY; THENCE SOUTHEASTERLY, 148.96 feet, more or less, along said cutback to the north right-of- way line of said FM 518; THENCE EASTERLY, 157.91 feet, more or less, along said north line of FM 518; THENCE SOUTHERLY, 120 feet, more or less, crossing FM 518 to the south right-of-way line; THENCE WESTERLY, 157.91 feet, more or less, along said south line of FM 518 to the beginning of a cutback corner; THENCE SOUTHWESTERLY, 148.96 feet, more or less, along said cutback to said east line of SH 288; THENCE SOUTHWESTERLY along said east line of SH 288 and a curve to the right through a central angle of 37 degrees 40 minutes 49 seconds to a point of tangency, said curve having a radius of 446.46 feet, an arc length of 293.61 feet, more or Tess, and a long chord length of 288.35 feet bearing SOUTHWESTERLY; THENCE SOUTHWESTERLY, 99.65 feet, more or less, along said east line of SH 288 to a point of curvature; THENCE SOUTHERLY along said east line of SH 288 and a curve to the left through a central angle of 50 degrees 30 minutes 00 seconds to a point of tangency, said curve having a radius of 996.45 feet, an arc length of 878.26 feet, more or less, and a long chord length of 850.11 feet bearing SOUTHERLY; THENCE SOUTHERLY, 1,404 feet, more or less, along said east line of SH 288 to the north line of Lot 56, Section 81, Allison -Richey Gulf Coast Home Company Subdivision as recorded in Volume 2, Page 98 of the Map Records of Brazoria County (M.R.B.C.); THENCE EASTERLY, 859 feet, more or less, along said north line of Lot 56 to the west right-of- way of County Road 94 (CR 94)(40 feet wide); THENCE SOUTHERLY, 2,634 feet, more or less, along said west line of CR 94 to the common line between the R. B. Lyle Survey, Abstract No. 540 and the H.T.&B. RR Co. Survey, Abstract No. 300; also being the center line of County Road 59 (CR 59); THENCE SOUTHERLY, 990 feet, more or Tess, along said west line of CR 94 to the south line of Lot 52 and the north line of Lot 53 of said R. B. Lyle Survey; THENCE WESTERLY, 5,260 feet, more or less, along the south lines of Lots 52, 42, 32, 22, 12, and 2 and the north lines of Lots 53, 43, 33, 23, 13, and 3 of said R. B. Lyle Survey to the southwest corner of said Lot 2 and the northwest comer of said Lot 3; THENCE NORTHERLY, 990 feet, more or less, along the west lines of Lots 2 and 1 of said R. B. Lyle Survey to the center -line of said CR 59 and the common line between said R. B. Lyle Survey and said H.T.&B. RR Co. Survey, Abstract No. 300; THENCE NORTHERLY, 5,300 feet, more or Tess, along the west lines of Lots A (160 acres), 5, 4, 3, 2, and 1 and the west line of said H.T.&B. RR Co. Survey, Abstract No. 300 and crossing the common line between said Abstract No. 300 and said John W. Maxey Survey, Abstract No. 675 to the north line of County Road 92 (CR 92)(40 feet wide); THENCE EASTERLY, 1,810 feet, more or Tess, along the north line of said CR 92 to the east line of Lot 4, Block 19 and the west line of Lot 3, Block 20 of said J. W. Maxey Survey, Abstract No. 675; THENCE NORTHERLY, 2,480 feet, more or less, along the west line of Lots 3 and 1, Block 20 and Lots 3 and 1, Block 21 of said J. W. Maxey Survey, Abstract No. 675, being the southwest comer of said William Morris Survey, Abstract No. 344; THENCE NORTHERLY, 5,310 feet, more or less, along the west line of said William Morris Survey to the northwest corner of said survey; THENCE EASTERLY, 2,640 feet, more or Tess, along the north line of said William Morris Survey to the northeast corner, said corner also Tying on the west line of said B.C.M.U.D. No. 5; THENCE SOUTHERLY, 2,440 feet, more or less, along the west line of said B.C.M.U.D. No. 5 to the POINT OF BEGINNING, containing 1,213 acres, more or Tess. J0 rm0e A -747 • • R. B. LYLE " 1 A C H& B 'Hill A 304 I J. W. MAXEY A - 721 • • HT&B A-506 "EXHIBIT B" CITY OF PEARLAND, TEXAS SERVICE PLAN FOR 1,213 ACRES OF LAND LOCATED ALONG SH 288 FROM CLEAR CREEK AND EXTENDING SOUTHWARD APPROXIMATELY 16,800 FEET 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 1,213 acres of land ("Tract") located along SH 288 from approximately 900 feet south of McHard Road and extending southward approximately 14,000 feet in Brazoria County. 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. II. TERM: EFFECTIVE DATE. This Plan will be in effect for a term of ten years commencing on the effective date of the annexation of the Tract. Renewal of this Plan will be at the option of the City. Such option may be exercised by the adoption of an ordinance by the City Council which refers to this Plan and specifically renews this Plan for a stated period of time. III. SERVICE PROGRAMS. A. In General. This Plan includes two service programs: (i) the Early Action Program, described below, and (ii) a Capital Improvement Program described below. B. Scope and Quality of Services. Services under this Plan will equal or exceed the number of services and the level of services in existence in the Tract prior to annexation. However, it is not the intent of this Plan to require that a uniform level of services be provided to all areas of the City (including the Tract) where differing characteristics of topography, land utilization and population density are considered as sufficient basis for providing differing service levels. C. Definitions. 1. 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 1 causing or allowing private utilities, governmental entities and other public service organizations to provide such services, in whole or part. 2. As used in this Plan, the phrase "standard policies and procedures" means those policies and procedures of the City applicable to a particular service which are in effect either at the time that the service is requested or at the time that the service is made available or provided. The policies and procedures may require that a specific type of request be made, such as an application or a petition. They may require that fees or charges be paid, and they may include eligibility requirements and similar provisions. D. Early Action Program. 1. Statutory Services. The statutory services will be provided within the Tract within the period required by State law. Service will be provided immediately upon annexation in the case of police, fire protection and emergency medical service, within thirty days of annexation for solid waste collection, and within sixty days for all other services. The statutory services are as follows: 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 VFD's in the area according to mutually agreed to procedures. c. Emergency Medical Service. The Pearland Emergency Medical Service (EMS) will continue to provide emergency medical service to the Tract under a contract with the City. d. Solid Waste Collection. Service will be provided to eligible property by private contractor, under contract with the City. To be eligible for City solid waste collection service, property must have frontage on a public street and place solid waste in containers approved for the specific type of occupancy. e. Maintenance of Water and Wastewater Facilities. The Tract 2 will be served directly by the City using the rates and policies of the City, except where the City Council approves creation of an in -city municipal utility district (M.U.D.). Capital recovery charges or impact fees will be assessed upon issuance of building permits for Tots developed within the Tract, except when located in a M.U.D. 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 planned to serve the area, except where the City Council approves creation of an in -city municipal utility district (M.U.D.). 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. f. Maintenance of Road and Streets (including lighting). The Department of Public Works will provide maintenance of roads, streets, and traffic control devices over which the City will have jurisdiction. Street lighting will be maintained on all public thoroughfares at the City's expense through a contract with Houston Light and Power. g. Maintenance of Parks, Playgrounds and Swimming Pools. Since there are no such public facilities within the Tract, any future maintenance of parks, playgrounds and swimming pools will result from the acquisition and development of such by the City Parks and Recreation Department. The Parks and Recreation Department will include the area in its planning for future facilities and its acquisition program. h. Maintenance of Any Other Publicly -Owned Facility, Building or Service. Those drainage facilities associated with City maintained public streets will be maintained by the Department of Public Works. Should any other facilities, buildings or services be constructed or located by the City within the Tract, an appropriate City department will provide maintenance services for them. 2. 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. b. Health Services will be provided by the Health Department to area residents and businesses. Health services include City inspection of restaurants and groceries and Animal Control. c. Code Enforcement personnel will enforce the City's housing code and ordinances against junk motor vehicles, high weeds, unsafe buildings, and illegal dumping of refuse. d. Other City services, to the extent applicable to persons or properties within the Tract, in accordance with standard policies and procedures will be provided. E. Capital Improvement Program. The City will initiate the construction of certain capital improvements necessary for providing municipal services for the Tract. Those improvements which are necessary are indicated below, and any necessary construction or acquisition will begin within two years of the effective date of this Plan, and be substantially complete before four and one half years of the effective date of this plan. 1. Police Protection. Additional capital improvements are not necessary at this time to provide police protection. However, the Tract will be included with other territory in connection with planning for new, revised, or expanded public safety facilities. 2. Fire Protection. Initial fire protection for the Tract will be provided by using existing facilities established by the Fire Department, however, the long term provision of service to the area will require additional capital improvements. The Tract will be included with other territory in connection with planning for new, revised or expanded fire fighting facilities. 4 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. 4. Water and Wastewater Facilities. The extension of a sixteen inch (16") water transmission main westward to the vicinity of Cullen Road, along the north side of FM 518, is being designed. Additional capital improvements will be necessary to provide Wastewater treatment service to Tract. The City has entered into an agreement with M.U.D. 16 for shared development and City operation of a Wastewater treatment plant. Extension of City services, contracting with existing M.U.D.'s and creation of an in -city M.U.D are all options available to owners of the Tract. 5. Roads and Streets (including lighting). In general, the City will acquire dominant control of all roads and jurisdiction in, over and under all roads and streets within the Tract upon annexation, subject to the jurisdiction of other local governmental entities. State highways and farm -to -market roads remain the primary responsibility of the Texas Department of Transportation, for instance. Additional roads, streets or related facilities are not necessary at this time to serve the Tract. Future extensions or widening of roads or streets and future installation of related facilities, such as traffic control devices or street lights will be undertaken by the City as necessary. The Tract will be included with other territory in connection with planning for new, revised, widened, or enlarged roads, streets, or related facilities. 6. Parks, Playgrounds, and Swimming Pools. These services can be provided by using existing capital improvements. Additional capital improvements are not necessary at this time to provide such services to the Tract. However, the Tract will be included with other territory in connection with planning for such facilities. 7. Other Publicly -Owned Facilities, Buildings or Service: Additional Services. In general, other City functions and services, and the additional services described above, can be provided for the Tract by using existing capital improvements. Additional capital improvements are not necessary to provide City services, but the Tract will be included with other territory in connection with planning for new, revised, or expanded facilities, buildings or services. 5 IV. AMENDMENT: GOVERNING LAW. This Plan may not be amended or repealed except as provided by the Act or other controlling law. Neither changes in the methods nor means of implementing any part of the service programs nor changes in the responsibilities of the various departments of the City will constitute amendments to this Plan and the City reserves the right to make such changes. This Plan is subject to and will be interpreted when in accordance with the Act, the Constitution and laws of the federal governments of the United States of America and the State of Texas, and the orders, rules and regulations of governmental bodies and officers having jurisdiction. V. FORCE MAJEURE. Should a force majeure interrupt the service described herein, the City will resume services under this Plan within a reasonable time after the cessation of the force majeure. "Force Majeure," for the purpose of this Plan will include, but not be limited to, acts of God, acts of the public enemy, war blockades, insurrection, riots, epidemics, landslides, lightning, earthquakes, fire, storms, floods, washouts, droughts, tornadoes, hurricanes, arrests and restraints of government, 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 METES AND BOUNDS DESCRIPTION 1,213 ACRES, MORE OR LESS 1,213 acres, more or Tess, located in the William Morris Survey, Abstract No. 344; the H.T.&B. RR Co. Survey, Section 85, Abstract No. 304; the John W. Maxey, Abstract No. 675; the H.T.&B. RR Co. Survey, Section 81, Abstract No. 300, the R. B. Lyle Survey, Abstract No. 539, and the R. B. Lyle Survey, Section 88, Abstract No. 540 of Brazoria County, Texas, said 1,213 acres, more or less, being more particularly described by metes and bounds as follows: BEGINNING at the southwest comer of Brazoria County Municipal Utility District No. 5 (B.C.M.U.D. No. 5), being the southwest corner of said John Crawley Survey, Abstract No. 174, lying on the center -line of Hughes Ranch Road and also lying within the State Highway 288 (SH 288) right-of-way; THENCE EASTERLY, 1,261 feet, more or less, along the southerly lines of B.C.M.U.D. No. 5 and said John Crawley Survey, and along said center -line of Hughes Ranch Road to the east right-of-way line of SH 288; THENCE SOUTHERLY, 60 feet, more or less, crossing Hughes Ranch Road to the south right- of-way line; THENCE WESTERLY, 200 feet, more or less, along the south line of Hughes Ranch Road and across a Texas Department of Transportation taking to the north right-of-way line of County Road 94; THENCE WESTERLY, 422 feet, more or less, crossing County Road 94 and along said south line of Hughes Ranch Road, to the beginning of a cutback comer; THENCE SOUTHWESTERLY, 83.67 feet, more or less, along said cutback to said east right-of- way line of SH 288; THENCE SOUTHERLY, 3,677.49 feet, more or Tess, along said east line of SH 288 to the beginning of a curve to the left; THENCE SOUTHERLY along said east line of SH 288 and said curve to the left through a central angle of 00 degrees 10 minutes 06 seconds to the beginning of a curve to the left; said curve having a radius of 11,249.16 feet, an arc length of 33.07 feet, more or less, and a long chord length of 33.07 feet bearing SOUTHERLY; THENCE SOUTHEASTERLY along said east line of SH 288 and said curve to the left through a central angle of 55 degrees 51 minutes 49 seconds to a point of reverse curve, said curve having a radius of 1,091.35 feet, an arc length of 1,064.07 feet, more or less, and a long chord length of 1,022.42 feet bearing SOUTHEASTERLY; THENCE SOUTHEASTERLY along said east line of SH 288 and a curve to the right through a central angle of 36 degrees 56 minutes 27 seconds to the beginning of a cutback corner of Farm -to -Market Highway 518 (FM 518) (formerly FM 3344), said curve having a radius of 446.46 feet, an arc length of 287.85 feet, more or less, and a long chord length of 282.89 feet bearing SOUTHEASTERLY; THENCE SOUTHEASTERLY, 148.96 feet, more or less, along said cutback to the north right-of- way line of said FM 518; THENCE EASTERLY, 157.91 feet, more or less, along said north line of FM 518; THENCE SOUTHERLY, 120 feet, more or Tess, crossing FM 518 to the south right-of-way line; THENCE WESTERLY, 157.91 feet, more or less, along said south line of FM 518 to the beginning of a cutback comer; THENCE SOUTHWESTERLY, 148.96 feet, more or less, along said cutback to said east line of SH 288; THENCE SOUTHWESTERLY along said east line of SH 288 and a curve to the right through a central angle of 37 degrees 40 minutes 49 seconds to a point of tangency, said curve having a radius of 446.46 feet, an arc length of 293.61 feet, more or Tess, and a long chord length of 288.35 feet bearing SOUTHWESTERLY; THENCE SOUTHWESTERLY, 99.65 feet, more or less, along said east line of SH 288 to a point of curvature; THENCE SOUTHERLY along said east line of SH 288 and a curve to the left through a central angle of 50 degrees 30 minutes 00 seconds to a point of tangency, said curve having a radius of 996.45 feet, an arc length of 878.26 feet, more or Tess, and a long chord length of 850.11 feet bearing SOUTHERLY; THENCE SOUTHERLY, 1,404 feet, more or less, along said east line of SH 288 to the north line of Lot 56, Section 81, Allison -Richey Gulf Coast Home Company Subdivision as recorded in Volume 2, Page 98 of the Map Records of Brazoria County (M.R.B.C.); THENCE EASTERLY, 859 feet, more or less, along said north line of Lot 56 to the west right-of- way of County Road 94 (CR 94)(40 feet wide); THENCE SOUTHERLY, 2,634 feet, more or Tess, along said west line of CR 94 to the common line between the R. B. Lyle Survey, Abstract No. 540 and the H.T.&B. RR Co. Survey, Abstract No. 300; also being the center line of County Road 59 (CR 59); THENCE SOUTHERLY, 990 feet, more or Tess, along said west line of CR 94 to the south line of Lot 52 and the north line of Lot 53 of said R. B. Lyle Survey; THENCE WESTERLY, 5,260 feet, more or Tess, along the south lines of Lots 52, 42, 32, 22, 12, and 2 and the north lines of Lots 53, 43, 33, 23, 13, and 3 of said R. B. Lyle Survey to the southwest comer of said Lot 2 and the northwest comer of said Lot 3; THENCE NORTHERLY, 990 feet, more or Tess, along the west lines of Lots 2 and 1 of said R. B. Lyle Survey to the center -line of said CR 59 and the common line between said R. B. Lyle Survey and said H.T.&B. RR Co. Survey, Abstract No. 300; THENCE NORTHERLY, 5,300 feet, more or less, along the west lines of Lots A (160 acres), 5, 4, 3, 2, and 1 and the west line of said H.T.&B. RR Co. Survey, Abstract No. 300 and crossing the common line between said Abstract No. 300 and said John W. Maxey Survey, Abstract No. 675 to the north line of County Road 92 (CR 92)(40 feet wide); THENCE EASTERLY, 1,810 feet, more or Tess, along the north line of said CR 92 to the east line of Lot 4, Block 19 and the west line of Lot 3, Block 20 of said J. W. Maxey Survey, Abstract No. 675; THENCE NORTHERLY, 2,480 feet, more or Tess, along the west line of Lots 3 and 1, Block 20 and Lots 3 and 1, Block 21 of said J. W. Maxey Survey, Abstract No. 675, being the southwest corner of said William Morris Survey, Abstract No. 344; THENCE NORTHERLY, 5,310 feet, more or less, along the west line of said William Morris Survey to the northwest comer of said survey; THENCE EASTERLY, 2,640 feet, more or less, along the north line of said William Morris Survey to the northeast corner, said comer also Tying on the west line of said B.C.M.U.D. No. 5; THENCE SOUTHERLY, 2,440 feet, more or less, along the west line of said B.C.M.U.D. No. 5 to the POINT OF BEGINNING, containing 1,213 acres, more or Tess. nm 13 1.1 AL- L4-717 V _..i 7 • I jr). WHITE ♦ -747 R. B. LYLE D r' --...i00. ce^ VFW wee•.. 17 a 33 41 L 10 a 3 42 LI h A C H & 8 —im — 1 I 51 13 A 14 a 21 27 415 a a x 434 34 w?+ 37 M k J. W. MAXEY A - 721 H T -- & 8 • A-506 I n -1 ..t is L 1 4 7 12 . 1 . a 4 1} • • s I. • 14 • QQ 7 3 4 10 W 11 N . . H T & B A - 309 1 2 3 4 5 4 7 4 4 10 11 - 12 13 1 H T& 15 B A - 549 14 17 10 3' — — 14 30 21 40 ,-- ,- a 23 24 -a- 4— 4f