Ord. 1008 04-23-01ORDINANCE NO. 1008
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY
MUNICIPAL UTILITY DISTRICT NO. 6 OF 159.335 ACRES OF LAND.
WHEREAS, Brazoria County Municipal Utility District No. 6 (the "District") is located
within the extraterritorial jurisdiction of the City of Pearland, Texas ("City"); and
WHEREAS, the City consented to the creation of the District by Resolution No. 86-7
dated February 10, 1986; and
WHEREAS, Section 54.016, V.T.C.A., Water Code, as amended, provides that no
land within the corporate limits of a city or within the extraterritorial jurisdiction of a city,
shall be included within a municipal utility district unless such city grants its written consent,
by resolution or ordinance, to the inclusion of the land within the district; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. All of the matters and facts set forth in the preamble hereof are true
and correct.
Section 2. The "Petition for Consent to Include Additional Land in the City of
Pearland and in Brazoria County Municipal Utility District No. 6" (the "Petition") is attached
hereto as Exhibit "A" and made a part hereof for all purposes.
Section 3. The City Council of the City of Pearland, Texas, hereby specifically
gives its written consent to the annexation of the 159.335 acres described in the Petition
and the exhibits attached hereto, into the District conditioned upon the terms set forth in
Resolution No. 86-7 and Chapter 30, Article IV, Water and Sewer Districts, of the City of
Pearland Code of Ordinances.
1
ORDINANCE NO. 1008
Section 4. This Ordinance shall take effect immediately from and after its
passage in accordance with the provisions of the Charter of the City of Pearland and it is
accordingly so resolved.
PASSED and APPROVED ON FIRST READING this the 9 day of
Apri 1 , A. D., 2001.
TOM REID
MAYOR
ATTEST:
PASSED and APPROVED ON SECOND AND FINAL READING this the 23 day
of Apri 1 , A. D., 2001.
ATTEST:
2
TOM REID
MAYOR
ORDINANCE NO. 1008
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
3
PETITION FOR CONSENT TO INCLUDE ADDITIONAL LAND IN
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 6
THE STATE OF TEXAS §
COUNTY OF BRAZORIA §
TO THE HONORABLE MAYOR AND CITY COUNCIL
OF THE CITY OF PEARLAND:
The undersigned, being the holder of title to the land
hereinafter described ("Landowner"), and BRAZORIA COUNTY MUNICIPAL
UTILITY DISTRICT NO. 6 ("District") (Landowner and District
hereinafter called "Petitioner"), acting pursuant to the provisions
of Section 54.016, Texas Water Code, respectfully petition for
consent to include additional land in a municipal utility district.
In support of this petition, Petitioner shows as follows:
I.
The City of Pearland, Texas (the "City") consented to the
creation of the District on February 10, 1986 (Resolution No. 86-
7). At that time petitioners for the creation of the District and
the City believed that all the land to be included within the
District was exclusively within the extraterritorial jurisdiction
of the City. It has since been determined that by virtue of City
of Pearland Ordinance No. 31 adopted on June 30, 1960, the City of
Pearland annexed a 100-foot wide strip of land and that 6.05 acres
of the land within the District is in fact within said 100-foot
strip and therefore within the corporate limits of the City of
Pearland, Texas.
II.
The subject land is 159.335 acres (the "Land"), said Land
being described by metes and bounds in Exhibit "A" attached hereto
and incorporated herein for all purposes, and lies wholly within
Brazoria County, Texas, and wholly within the extraterritorial
jurisdiction of the City of Manvel, Texas ("Manvel").
Originally the District believed the Land was within the
extraterritorial jurisdiction of the City; however, the Staff of
City advised the District that the land was within the
extraterritorial jurisdiction of Manvel. In accordance with State
law, the District obtained the consent of Manvel by Ordinance No.
2000-03, dated May 24, 2000, and the District annexed the Land by
Order dated June 26, 2000.
IV.
Since a majority of the land within the District lies within
the extraterritorial jurisdiction of the City and to alleviate any
confusion as to which jurisdiction may be required to consent to
said annexation, Petitioner respectfully petitions the City to also
grant its consent to the inclusion of the Land into the District.
NOW THEREFORE, Petitioner respectfully prays that this
petition be granted in all respects and that the City give its
consent to the annexation of the Land into said District.
Dated this the
THE STATE OF TEXAS
COUNTY OF HARRIS
1(0
--This instrument
of 1 �0 Y' 1i.ar
of CENTENNIAL HOMES,
corporation.
40,
a a w
(SEAL
day of Vebrua.r( , 2001.
CENTENNIAL HOMES, INC., a Texas
Corporation
By:
Job M. Marshall
Vice President
"LANDOWNER"
§
§
was acknowled ed before me on hi ALP day
, 2001, by �h.e..l rn. (`(\0% 3fl .at v 'esident
INC., a Texas corporation, on behalf of said
aJill Ali, a
SHARI TWA
Notary Public
State of Texas
My Commission BOW
February 27, Z005
Notary Public in and for the
State of Texas
THE STATE OF TEXAS §
§
§ pp!!
Th. i strument was. acknowledged before me on this o day
of , 2001, by STEVEN M. GILMORE, President of
BRAZOR A COUNTY MUNICIPAL UTILITY DISTRICT NO. 6, a political
the State of Texas, on behalf of said pitical
COUNTY OF HARRIS
BRAZORIA COUNTY MUNICIPAL UTILITY
DISTRICT NO. 6
By:
STEVEN M. GLMORE
"DISTRICT"
subdivision of
subdivision.
,.r
CONNIE FO
NTENOT
ti
Public
Notary
STATE of TEXAS
My Comm. gip:; 09.30.2004
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cf:0006\Annex-159.3 3 5 Ac/AddLand-Pearl and
GGL
Notary Public in
State of Texas
- 3
and for the
EXHIBIT 1A't
159.335 Acres A.C.H.&B.RR Co.Survey
Abstract No. 415
STATE OF TEXAS §
COUNTY OF BRAZORIA §
A METES AND BOUNDS description of a 159.335 acre tract located in the A.C.H.&B.R R Co.
Survey, Abstract No. 415, Brazoria County, Texas: being a portion of a called 160.359 acre
tract conveyed to Doug Wilson, Trustee, by Deed as described in Volume 1445, Page 65,
Volume 1445, Page 73 and Volume 1445, Page 81 of the Brazoria County Deed Records; said
159.335 acre tract being more particularly described as follows with all bearings being based
on North 03°15'14" East, along the west right-of-way line of County Road 90 as described
in Clerk's File No. 94-024772 of the Brazoria County Deed Records:
COMMENCING at a 1-inch iron pipe found in the centerline intersection of County Road 94
(40 foot right-of-way) and County Road 59 (called 60 foot right-of-way); said 1-inch iron pipe
also being the common corner of the A.C.H. & B.R.R. Co. Survey, Abstract No. 415, R.B. Lyle
Survey, Abstract No. 539, A.C.H. & B.R.R. Co. Survey, Abstract No. 300, and R.B. Lyle
Survey, Abstract No. 540, Brazoria County, Texas;
THENCE, South 03 ° 1 2'37" East, 10.00 feet along the centerline of said County Road 94 to
the POINT OF BEGINNING of the herein described tract;
THENCE, North 86°44'32" East, 10.00 feet south of and parallel with the centerline of said
County Road 59, 2637.21 feet to a point for corner in the centerline of a 40 foot wide road
dedicated in Volume 2, Page 92 of the Brazoria County Plat Records (County Road 922);
THENCE, South 03°18'06" East, along the centerline of said 40 foot wide dedicated road,
passing at a distance of 1325.69 feet, 1.26 feet right, a found 5/8-inch iron rod and
continuing for a total distance of 2629.72 feet to a found 5/8-inch iron rod in the centerline
of a 40 foot road as shown on plat recorded in Volume 2, Page 92 of the Brazoria County Plat
Records;
THENCE, South 86°44'32" West, 2641 .40 feet along the centerline of said road (unimproved
at this time) to a 5/8-inch iron rod (with cap stamped "Cotton Surveying") set in the centerline
of aforementioned County Road 94, from which a found 5/8-inch iron rod bears South
03° 12'37" East, 19.72 feet;
THENCE, North 03°12'37" West, along the centerline of said County Road 94, passing at a
distance of 1897.41 feet, 20.00 feet left, a found 1-inch iron pipe, passing at a distance of
2144.73 feet, 20.00 feet left, a found 1-inch iron pipe, passing at a distance of 2624.34 feet,
1 .08 left and continuing for a total distance of 2629.71 feet to the POINT OF BEGINNING,
CONTAINING 159.335 acres of land in Brazoria County, Texas.
Nov. 2, 1998
SURv\RLH\M&B\ 159335. NO2
MSOIZ2.2ON
0)
N
SD
0CL C. R. 59
S86'25'06"W 2638.53'
N86'25'06'E 2637.21'
TRACT 4
159.3347 ACRES
3.,��,LC.COS
S86'25'07'W 2641.40'
(OSL) HOIIO 30VNIV210
PBZ JAW .1 VM33J3 HMOS
SCALE: 1" = 600'
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