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Ord. 1002 04-23-01 TabledTabled 04/23/01 ORDINANCE NO. 1002 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 (NORTH OF FM 518 AND WEST OF MAX ROAD); APPROVING A SERVICE PLAN FOR ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES; CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT; PROVIDING A SAVINGS AND SEVERABILITY CLAUSE. WHEREAS, the City Council of the City of Pearland, Texas, has, following due notice and publication in accordance with the requirements of §43.052, Tex. Local Govt. Code, conducted two (2) public hearings regarding the City's intended annexation of certain territory located contiguous to the City and within the City's extraterritorial jurisdiction; and WHEREAS, public hearings were conducted before the City Council on January 8, 2001, at 6:30 p.m. and on January 22, 2001, 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 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, 1 ORDINANCE NO. 1002 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 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 265 Acres of Land More or Less, Being the Residue of Brazoria County Municipal Utility District Number 16 and Lot 44, Section 10, Allison Richey Gulf Coast Home Company's Subdivision" 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 and posting thereof. 2 ORDINANCE NO. 1002 Section 4. Savings. All rights and remedies which have accrued in favor of the City under this Chapter and amendments thereto shall be and are preserved for the benefit of the City. Section 5. Severability. If any section or part of this Ordinance be held unconstitutional, illegal or invalid, or the application thereof ineffective or inapplicable as to any territory, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no wise affect, impair or invalidate the remaining portions, the same shall be and remain in full force and effect; and should this Ordinance for any reason be ineffective as to any part of the area hereby annexed to the City of Pearland, such ineffectiveness of this Ordinance as to any such part or parts of any such areas shall not affect the effectiveness of the Ordinance as to all of the remainder of such area, and the City Council hereby declares it to be its purpose to annex to the City of Pearland every part of the area described in Exhibit "A", attached hereto, regardless of whether any other part of such described area is hereby effectively annexed to the City. Provided, further, that if there is included in the general description of territory set out in 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 ORDINANCE NO. 1002 PASSED and APPROVED ON FIRST READING this the 12 day of February , A. D., 2001. TOM REID MAYOR ATTEST: PASSED and APPROVED ON SECOND AND FINAL READING this the day of , A. D., 2001. ATTEST: YOUNG LORFING CITY SECRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 4 TOM REID MAYOR EXHIBIT METES & BOUNDS DESCRIPTION RESIDUE OF BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NUMBER 16 & LOT 44, SECTION 10, ALLISON RICHEY GULF COAST HOME COMPANY'S SUBDIVISION 265 ACRES MORE OR I FSS BRAZORIA COUNTY, TEXAS Generally located north of Farm Market Road 518 and west of Max Road (County Road 108), the south line being the north line of City of Pearland Ordinance Number 708, the west line being the east line of City of Pearland Ordinance Number 881, the north line being the south line of City of Pearland Ordinance Number 881, and the east line being the common west right-of-way line of said Max Road and the west line of City of Pearland Ordinance Number 830. Field note description of 265 acres, more or less, to be annexed into the City of Pearland, being out of the H. T. & B. R. R. Company Survey, Abstract Number 505 and being all or a portion of Lots 10 — 24 and Lots 35 — 49, Section 10, Allison Richey Gulf Coast Home Company's Subdivision according to the plat thereof filed in Volume 2, Page .24 Brazoria County Plat Records, and being a portion of those certain tracts described in a deed dated 12-23-1991 from Bank One, Texas, N.A. to Peyton Martin, Trustee as filed in Official Records of Real Property of Brazoria County at Clerk's File Number 91983-482 and a portion of that certain tract described in a deed dated 10- 27- 1975 from Helen Lillian Arnold, et al to George A. Benn, et ux as filed in Volume 1267, Page 702 Brazoria County Deed Records, said tract of land being more particularly described by metes and bounds as follows; Commencing at a point marking the intersection of the north right-of-way line of Farm Market Road 518 and the west right-of-way line of said Max Road; Thence Northerly — 500.00' more or Tess with the west right-of-way line of said Max Road to a point marking the southeast corner of Brazoria County Municipal Utility District Number 16 as called out in City of Pearland Ordinance Number 708 and the POINT OF BEGINNING of herein described tract; Thence the following three (3) courses with the common north line of City of Pearland Ordinance Number 708 as filed in Official Records of Real Property of Brazoria County at Clerk's File Number R-797381 Film Code Number 507-23-3496 and the south line of said Brazoria County Municipal Utility District Number 16 as called out in City of Pearland Ordinance Number 708; Thence Westerly —1,462.00' more or Tess to a point for corner; Thence Northerly — 450.00' more or less to a point for comer; Thence Westerly — 606.70' more or less to a point for corner; 11-421-51 MB - legal Thence Northerly with the common west line of said Brazoria County Municipal Utility District Number 16 and the east line of City of Pearland Ordinance Number 881, passing a point on the south right-of-way line of West Cliff Stone Road (Brazoria County Road Number 560) marking the northwest corner of that certain Tract 1 of said Peyton Martin, Trustee deed at 4,290.25', passing a point on the north right-of-way line of said West Cliff Stone Road marking the southwest comer of that certain Tract 2 of said Peyton Martin, Trustee deed at 4,350.25', and continuing with the west line of said Tract 2 a total distance of 5,275.97' to a point marking the northwest corner of said Brazoria County Municipal Utility District Number 16; Thence Easterly — 1,047.68' more or less, with the common north line of said Brazoria County Municipal Utility District Number 16, the south line of said City of Pearland Ordinance Number 881, the north line of said Tract 2 of said Peyton Martin, Trustee deed, and the south line of that certain tract described in a deed dated 12-17-1992 from Esther Salazar to Jimmy Glenn Horton, et ux as filed in Official Records of Real Property of Brazoria County at Clerk's File Number 92-41381, to a point for corner; Thence Easterly — 1,020.76' with the common north line of said Brazoria County Municipal Utility District Number 16, the south line of said City of Pearland Ordinance Number 881, the north line of said Tract 2 of said Peyton Martin, Trustee deed and the south line of that certain tract described in a deed dated 07-15-1998 from Ethel "Betsy" Stannard Collier to Pearland Independent School District as filed in Official Records of Real Property of Brazoria County at Clerk's File Number 98-030773, to a point for corner marking the northeast corner of said Brazoria County Municipal Utility District Number 16; Thence Southerly with the common west right-of-way line of said Max Road, the east line of said Brazoria County Municipal Utility District Number 16, and the west line of City of Pearland Ordinance Number 830, passing the north line of Lot 44 of said Section 10, Allison Richey Gulf Coast Home Company's Subdivision at 3,410.48' more or less, passing the south line of said Lot 44 at 3,819.61' more or less, and continuing a total distance of 5,724.55' more or less to the POINT OF BEGINNING and containing 265 acres of land more or less. "This document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground survey, and is hot to be used to convey or establish interests in real property athlit those rights and interests implied or established by the creation or retinguration of the boundary of the political subdivision for which it was fief ared." Compiled by: C.L. Davis & Company Job Number: 11-421-51 11/31/00 11-421-51 MB - legal ME MM MM. �1 511.1111.I. 0111111111111 :f; 4101111. 0 0111111 ��•tlll.li•i1 4r; • 1 I • CITY OF PEARLAND, TEXAS SERVICE PLAN FOR METES & BOUNDS DESCRIPTION RESIDUE OF BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NUMBER 16 & LOT 44, SECTION 10, ALLISON RICHEY GULF COAST HOME COMPANY'S SUBDIVISION 265 ACRES MORE OR LESS BRAZORIA COUNTY, TEXAS Generally located north of Farm Market Road 518 and west of Max Road (County Road 108), the south line being the north line of City of Pearland Ordinance Number 708, the west line being the east line of City of Pearland Ordinance Number 881, the north line being the south line of City of Pearland Ordinance Number 881, and the east line being the common west right-of-way line of said Max Road and the west line of City of Pearland Ordinance Number 830. I. INTRODUCTION. This Service Plan ("Plan") is made by the City of Pearland, Texas ("City") pursuant to Chapter 43 of the Local Government Code ("the Act"). This Plan relates to the annexation by the City, of land located adjacent to the city limits and north of Farm Market Road 518 and west of Max Road (County Road 108), encompassing approximately 265 acres in Brazoria County Texas. The Tract is described by metes and bounds in "Exhibit A-1" and by map in "Exhibit A-2" which are 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. This Plan will provide a level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the municipality with topography, land use, and population density similar to the Tract. 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 causing or allowing private utilities, governmental entities and other public service organizations to provide such services, in whole or part. 2. As used in this Plan, the phrase "Standard Policies and Procedures" means those policies and procedures of the City applicable to a particular service which are in effect either at the time that the service is requested or at the time that the service is made available or provided. The policies and procedures may require that a specific type of request be made, such as an application or a petition. They may require that fees or charges be paid, and they may include eligibility requirements and similar provisions. D. Early Action Program 1. Statutory Services. The statutory services will be provided within the Tract within the period that meets or exceeds that required by State law. The following services will be provided in accordance with Standard Policies and Procedures immediately upon annexation: 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, primarily the Southeast VFD, 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. Any person currently being serviced by a privately owned solid waste management service provider may continue to use that service for two years after the effective date of the annexation. e. Operation and Maintenance of Water and Wastewater Facilities: Existing public water and wastewater facilities, if any, will be operated and maintained by the City. f. Operation and Maintenance of Road and Streets (including lighting): Existing roads and streets, including lighting and traffic control devices, if any, will be operated and maintained by the City, subject to the jurisdiction of other governmental entities. State highways and farm -to -market roads remain the primary responsibility of the Texas Department of Transportation, for instance. Existing roadside drainage ditches not maintained under the jurisdiction of another entity will be operated and maintained by the City. g. Operation and Maintenance of Parks, Playgrounds and Swimming Pools: Existing parks, playgrounds, and swimming pools, if any, will be operated and maintained by the City. h. Operation and Maintenance of Any Other Publicly -Owned Facility, Building or Service. Existing publicly owned .or operated facilities, buildings, or services, if any, will be operated and maintained by the City. 2. Additional Services. Certain services, in addition to the statutory services, will be provided in accordance with Standard Policies and Procedures 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. 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 City 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. As necessary, 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. Access to the improvements will be in accordance with Standard Policies and Procedures. The improvements shall be completed as soon as reasonably possible and shall be substantially completed within the time period indicated below. 1. Police Protection: Additional capital improvements are not necessary at this time to provide police protection. 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. The Tract will be included with other territory in connection with planning for new, revised, or expanded public safety facilities. 3. Emergency Medical Service: Additional capital improvements are not necessary at this time to provide emergency medical service. The Tract will be included with other territory in connection with planning for new, revised, or expanded public safety facilities. 4. 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. 5. Water and Wastewater .Facilities: Additional capital improvements are not necessary at this time to provide water and wastewater service to the Tract. The cost of connecting to available water and sewer lines will be the responsibility of the Tract owners, as it is within the existing City utility system following standard policies and procedures. . Capital recovery charges or impact fees also 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. The City will make wastewater treatment capacity in existing or future wastewater treatment plants built and operated by the City available for the Tract. The City will make potable water supply from existingor future sources built and operated by the City available to the Tract. The City currently operates its own ground water wells and purchases wholesale surface water via contract from third parties. 6. Roads and Streets (including lighting): 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 in accordance with Standard Policies and Procedures. The Tract will be included with other territory in connection with planning for new, revised, widened, or enlarged roads, streets, or related facilities. 7. Parks, Playgrounds, and Swimming Pools: Additional capital improvements are not necessary at this time to provide such services to the Tract. The Tract will be included with other territory in connection with planning for such facilities. 8. Other Publicly -Owned Facilities, Buildings or Services: All other City functions and services, and the additional services described above, can be provided for the Tract by using existing capital improvements. Additional capital improvements are not necessary to provide City services, but the Tract will be included with other territory in connection with planning for new, revised, or expanded facilities, buildings or services. IV. AMENDMENT: GOVERNING LAW. This Plan may not be amended or repealed except as provided by the Act or other controlling law. Neither changes in the methods nor means of implementing any part of the service programs nor changes in the responsibilities of the various departments of the City will constitute amendments to this Plan and the City reserves the right to make such changes. This Plan is subject to and will be interpreted when in accordance with the Act, the Constitution and laws of the federal governments of the United States of America and the State of Texas, and the orders, rules and regulations of governmental bodies and officers having jurisdiction. V. FORCE MAJEURE. Should a force majeure interrupt the service described herein, the City will resume services under this Plan within a reasonable time after the cessation of the force majeure. "Force Majeure," for the purpose of this Plan will include, but not be limited to, acts of God, acts of the public enemy, war blockades, insurrection, riots, epidemics, landslides, lightning, earthquakes, fire, storms, floods, washouts, droughts, tornadoes, hurricanes, arrests and restraints 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. 1l rxJ,;d,f i „ METES & BOUNDS DESCRIPTION RESIDUE OF BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NUMBER 16 & LOT 44, SECTION 10, ALLISON RICHEY GULF COAST HOME COMPANY'S SUBDIVISION 265 ACRES MORE OR LESS BRAZORIA COUNTY, TDCAS Generally located north of Farm Market Road 518 and west of Max Road (County Road 108), the south line being the north line of City of Pearland Ordinance Number 708, the west line being the east line of City of Pearland Ordinance Number 881, the north line being the south line of City of Pearland Ordinance Number 881, and the east line being the common west right-of-way line of said Max Road and the west line of City of Pearland Ordinance Number 830. Field note description of 265 acres, more or less, to be annexed into the City of Pearland, being out of the H. T. & B. R. R. Company Survey, Abstract Number 505 and being all or a portion of Lots 10 — 24 and Lots 35 — 49, Section 10, Allison Richey Gulf Coast Home Company's Subdivision according to the plat thereof filed in Volume 2, Page 24 Brazoria County Plat Records, and being a portion of those certain tracts described in a deed dated 12-23-1991 from Bank One, Texas, N.A. to Peyton Martin, Trustee as filed in Official Records of Real Property of Brazoria County at Clerk's File Number 91983-482 and a portion of that certain tract described in a deed dated 10- 27- 1975 from Helen Lillian Arnold, et al to George A. Benn, et ux as filed in Volume 1267, Page 702 Brazoria County Deed Records, said tract of land being more particularly described by metes and bounds as follows; Commencing at a point marking the intersection of the north right-of-way line of Farm Market Road 518 and the west right-of-way line of said Max Road; Thence Northerly — 500.00' more or less with the west right-of-way line of said Max Road to a point marking the southeast comer of Brazoria County Municipal Utility District Number 16 as called out in City of Pearland Ordinance Number 708 and the POINT OF BEGINNING of herein described tract; Thence the following three (3) courses with the common north line of City of Pearland Ordinance Number 708 as filed in Official Records of Real Property of Brazoria County at Clerk's File Number R-797381 Film Code Number 507-23-3496 and the south line of said Brazoria County Municipal Utility District Number 16 as called out in City of Pearland Ordinance Number 708; Thence Westerly —1,462.00' more or less to a point for corner; Thence Northerly — 450.00' more or less to a point for corner; Thence Westerly — 606.70' more or less to a point for corner; 11-421-51 MB - legal Thence Northerly with the common west line of said Brazoria County Municipal Utility District Number 16 and the east line of City of Pearland Ordinance Number 881, passing a point on the south right-of-way line of West Cliff Stone Road (Brazoria County Road Number 560) marking the northwest corner of that certain Tract 1 of said Peyton Martin, Trustee deed at 4,290.25', passing a point on the north right-of-way line of said West Cliff Stone Road marking the southwest corner of that certain Tract 2 of said Peyton Martin, Trustee deed at 4,350.25', and continuing with the west line of said Tract 2 a total distance of 5,275.97' to a point marking the northwest corner of said Brazoria County Municipal Utility District Number 16; Thence Easterly — 1,047.68' more or Tess, with the common north line of said Brazoria County Municipal Utility District Number 16, the south line of said City of Pearland Ordinance Number 881, the north line of said Tract 2 of said Peyton Martin, Trustee deed, and the south line of that certain tract described in a deed dated 12-17-1992 from Esther Salazar to Jimmy Glenn Horton, et ux as filed in Official Records of Real Property of Brazoria County at Clerk's File Number 92-41381, to a point for corner; Thence Easterly — 1,020.76' with the common north line of said Brazoria County Municipal Utility District Number 16, the south line of said City of Pearland Ordinance Number 881, the north line of said Tract 2 of said Peyton Martin, Trustee deed and the south line of that certain tract described in a deed dated 07-15-1998 from Ethel "Betsy" Stannard Collier to Pearland Independent School District as filed in Official Records of Real Property of Brazoria County at Clerk's File Number 98-030773, to a point for corner marking the northeast corner of said Brazoria County Municipal Utility District Number 16; Thence Southerly with the common west right-of-way line of said Max Road, the east line of said Brazoria County Municipal Utility District Number 16, and the west line of City of Pearland Ordinance Number 830, passing the north line of Lot 44 of said Section 10, Allison Richey Gulf Coast Home Company's Subdivision at 3,410.48' more or less, passing the south line of said Lot 44 at 3,819.61' more or Tess, and continuing a total distance of 5,724.55' more or Tess to the POINT OF BEGINNING and containing 265 acres of land more or less. "This document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared." Compiled by: C.L. Davis & Company Job Number: 11-421-51 11/31/00 11-421-51 MB - legal 111' I pqr • 111.0,14 113 eio. liP iiii.lk Itl11/r. J.1111.1111=e 0 • ■ AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, Randy Emmons, hereby certify that the notice hereby appended was published in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general circulation in Brazoria and Harris Counties, for / issues, as follows: No. % . Date . / l6 20 o > No. Date 20 No. Date 20 No. Date 20 No. Date 20 Subscribe and sworn to before me this ` day o 20C,/ Y1 :- Published Jan. 10, 2001 PUBLIC NOTICE . NOTICE OF PUBLIC HEARING ON ANNEXATION Notice is hereby given that the second of two public hearings will toe held by the City Council of the City of Pearland, Texas, in the Council Chambers, City Hall, 3519 Liberty Drive, Pearland, Texas, at 6:30 P.M.on January 22, 2001, for the purpose of consider- ing annexation into the city limits of the following prop- erty: Generally located north of Farm Market Road 518 and west -of Max Road (County Road 108), the south; line oeing the north line of City of Pearland Ordinance Number 708, the west line being the east line of City of Pearland Ordinance Number 881, the north line being the south line of City of Pearland Ordinance Number 881, and the east line being the common west right-of-way line of said Max Road and the west line of City of Pearland Ordinance Number 830. Field note description of 265 acres, more or less, to be annexed into the City of Rowland, being out of the H. T. & 8. R. R. Company Survey, ,Abstract Number 505 and being all or a por- tion of Lots 10 -.24 and Lots 35 - 49, Section 10, Allison Richey Gulf Coast Home Company's Subdivision according to the plat thereof filed in Volume 2, Page 24 Brazoria County Plat Records, and being a por- tion of those certain tracts described in a deed dated - 12-23-1991 from Bank One, Texas, N.A. to Peyton Martin, Trustee as filed in Official Records of Real Property of Brazoria County at Clerk's File Number 91983-482 and a portion of that certain tract described in a deed dated 10- 27.1975 front -Helen Lillian Arnold, et al to George A. Bern, et ux as filed in Volume 1267, Page 702 Brazoria County Deed Records, said tract of land being more parilarly describedby metesand bounds as follows; Commencing at a point marking the intersection of the north right-of-way line of Farm Market Road 518 and the west right-of-way line of said Max Road; Thence Northerly - 500.00' more or less with the west right-of- way line of said Max Road to a point marking the southeast corner of Brazoria County Municipal Utility District Number 16 as called out fit City f Pear4uni Ordinancertproblitifitand the POINT OF BEGINNING of herein described tract;. Thence the following three (3) courses' with the com- mon north line of City of Pearland Ordinance Number 708 as -filed, in Official Records of Real Property of Brazoria County at Clerk's File Number R- 797381 Film Code Number 507.23-3496 and the south line of said Brazoria County Municipal Utility District • Number 16 as called out in City of Pearland Ordinance Number 708; Thence Westerly - 1,462.00' more or less to a point for corner; Thence Northerly - 450.00' corner; more or less to a point for Thence Westerly - 606.70' more or less to a point for corner; Thence Northerly withthe common west lineof said ilLcetinty Municipal Nurrtber 16 Pearland. Ordinance Number 881, passing a point on the south right-of- way line of West Cliff Stone Road (Brazoria County Road Number 560) marking the northwest corner of that certain Tract 1 of said Peyton Martin, Trustee deed at 4,290.25', passing a point on the north right-of- way line of said. West Cliff Stone Road marking the southwest corner of that certain Tract 2 of said Peyton Martin, Trustee deed at 4,350.25', and con- tinuing with the west line of said Tract 2 a total distance of 5,275.97' to a point mark- ing the northwest corner of said Brazoria County Municipal Utility District Number 16; Thence Easterly - 1,047.6$' more or less, with the com- mon north line of said Brazoria County Municipal Utility District Number 16, the south line of said City of Pearland Ordinance Number 881, the north line of said Tract 2 of said Peyton Martin, Trustee deed,and the south line of that certain tract described in a deed dated 12-17-1992 from Esther Salazar to Jimmy Glenn Horton, et ux as 'filed in Official Records` 0f Real Prope4 of toe point Thence Easterly-;;1,020.76' with the common north line of said Brazoria County l Municipal Utility District Number 16, the south line of said City of Pearland Ordinance Number 881, the north line of said Tract 2 of said Peyton Martin, Trustee deed and the south line of that certain tract described in a deed dated 07-15-1998 from Ethel 'Betsy" Stannard Collier to Pearland Independent School District as filed in Official Records of Real Property of Brazoria' County at Clerk's File Number 98-030773, to a point for corner marking the northeastoorner of said' Brazpria County Municipal Utility District Number 16; Thence Southerly with the common west right-of-way, line of said Max Road, the east line of said Brazoria County Municipal Utility District Number 16, and the west line of City of Pearland Ordinance Number 830, paring the north line of Lot 44 of said Section 10, Allison Richey Gulf Coast Home Company's Subdi- vision at •3,410.48' more or less, passing the south line of said Lot 44 at 3,819.61' more or less, and continuing a total distance of 5,724.55' more or less to the POINT OF BEGINNING and con- taining 265 acres of land more or less. All interested citizens and property owners are hereby notified of their right to appear and be heard on the matter. /s/ Young Lolling City Secretary This site is accessible' to disabled individuals. For special assistance, such as the need for deaf inter- preters or braille materials, please call Young Lading at 281.652-1651, prior to the meeting so that appropriate arranoements can be made AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, Randy Emmons, hereby certify that the notice hereby appended was published in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general circulation in Brazoria and Harris Counties, for J issues, as follows: No. / Date ' /2 - 07 20 Uo No. Date 20 No. Date 20 No. Date 20 No. Date 20 President Subscribe and sworn to before me this day of 20< ''►!! . tingEnntIMONFO Notary Public, State of Texas ►tax ie,tasek = isher PUBLIC NOTICE 4iOTICE OF PUBLIC HEARING ON ANNEXATION Notice is hereby given that 'the first of two public hear- ings will be held by the City Council of the City of Pearland, Texas, in the Council. Chambers, City Hail, 3519 Liberty Drive, Pearland, Texas, at 6:30 P.M. on January 8, 2001, for the purpose of consider- ing annexation into the city limits of the following prop- erty: Generally located north of Farm Market Road 518 and west of Max Road (County Road 108), the south line being the north line of City of Pearland Ordinance Number 708, the west line being the east line of City of Pearland Ordinance Number 881, the north line being the south line of City of Pearland Ordinance Number 881, and the east line being the common west right-of-way line of said Max Road and the west line of City of Pearland Ordinance Number 830. Field note description of 265 acres, more or less, to be annexed into the City of Pearland, being out of the H. T. & B. R. R. Company Survey, Abstract Number 505 and being all or a por- tion of Lots 10 - 24 and Lots 35 - 49, Section 10, Allison' Richey Gulf, Coast Home Company's Subdivision according to the plat thereof filed in Volume 2, Page 24'!. Brazoria County Plat Records, and being a por- tion of those certain tracts described in a deed dated 12=23.1991 from Bank One, �xas, tq"Peyton Mirtin, Trustee as: filed in Official Records of Real Property of Brazoria County at Clerk's File Number 91983.482 and a portion of from Helen Lillian Arnold, et al to George A. Benn, et ux as filed in Volume 1267, Page 702 Brazoria County Deed Records, said tract of land being more particularly described by metes and bounds as follows; mmenci tnarknrg the the north right-of-way line of Farm Market Road 518 aad Ibe west right-of-way hoof said Max Road; >Thence. )Northerly 500.00' more or less with the west rat -of-. way tine of said Max a point marktrIC comerofikazeda County Municipal Utility; District Number 16 as cailedt out:. in City of Pearland Ordinance Number 708 and the POINT OF BEGINNING of herein described tract; Thence the following three (3) courses with the com- mon north Tine of City of Pearland Ordinance Number 708, as filed in Official Records of Real Property of Brazoria Count/ at Clerk's File Number R 797381 Film Code Number 507.23-3496 and the south line of said Brazoria County Municipal Utility Distric Number 16 as called out City of Pearland Ordinan Number 708; `Thence Westerly-1,462ti more or less to a point corner;'Al Thence Northerly-'450.00 more or less to a poi<tt fo; corner;*, Thence Westerly - 606.70' more or Tess to a point for corner; Therese Northerly with the common west line of said Brazoria County Municipal Utility District Number;16 and the east line of City of Pearland - ` Qrdinance Number. 881, passing a point on the south right -of- way line of West Cliff: Stone Road (Brazoria County Road Number, 56Q) marking thenorthwest comer df .that, certain Tract 1 of said. Peyton Martin, Trustee; deed at 4,29051, passing a point on the north right-of- way line of said West Cliff Stone Road marking the southwest corner of that certain Tract 2 of said Peyton Martin, Trustee deed at 4,350.25', and con - tinging with the west line of of.,, ing the northwestcorner of said Brazoria County, Municipal Utility District Number 16; Thence Easterly-,1.,047.68' more or less. with the com- mon north line of said Brazoria County Municipal utility DistyieW4unter uth kneelsa Eland Or Numb oatthe metth line of said Tract 2 et slrilfl Peyton Martin, Trustee at certain tract described in a deed dated 12-17-1992 from Esther Salazar to Jimmy Glenn Horton, et ux as filed in Official Records of Real Propertyof Brazoria County at Clerk's File. Number 92-41381, to a point for comer, Thence Easterly - 1,020.76' with the common north line of said Brazoria County Municipal Utility District Number 16, the south line of said City of Pearland Ordinance Number 881, the north line of said Tract 2 of said Peyton Martin, Trustee deed and the south line of that certain tract described ina deed dated 07-15.1998 from Ethel 'Betsy" Stannard Collier to Pearland Independent School District as filed; in Official Record of Real Propertyof Brazori County at Clerk's Fill Number 98-030773, to i point for comer marki ,;thy' northeast corner;< Brazoria County<M_ Utility District Witte ,Thence: $cjltheriy with th common West right-of-wa line of said Max Road, th east line of said Brazoria County Municipal Utilitya District Number 16, and the west line of City of Pearland Ordinance Number 8.30, passing.the north line of Lot 44 of said Section .10, Allison. Richey Gulf Coast Home Company's Subdivision at 3,410.48' more or less, passing the south line of said Lot 44 at 3,819.61' more or less, and continuing, a total distance of 5,724.55' more or less to POINT' OF BEGINNING" d containing 265 acres of d mere or less. All interested citizens and property owners are hereby notified of their right to appear and be heard on the matter. /s/ Young Luling x City Secretary essible is victuals. For special `:= 'stance, such as the need for deaf ;a preters or brail PI