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Ord. 0923 08-30-99ORDINANCE NO. 923 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 (WEST OF FM 1128 AT FITE ROAD); 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; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO FIX AND EXTEND THE BOUNDARIES OF THE CITY INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. 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 July 26, 1999, and on August 2, 1999, 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. 923 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 149 Acres of Land Located West of the Existing City Limits at FM 1128, North and South of Fite Road, 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 and posting thereof. 2 ORDINANCE NO. 923 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. Section 5. Declaration of Emergency. The Council finds and determines that the need to fix and extend the boundaries of the City inures to the benefit of the public and, therefore, bears directly upon the health, safety and welfare of the citizenry; and that this Ordinance shall be adopted as an emergency measure, and that the rule requiring this Ordinance to be read on two (2) separate occasions be, and the same is hereby waived. 3 ORDINANCE NO. 923 PASSED and APPROVED on First and Only Reading this the u tJ -i- , A. D., 1999. TOM REID MAYOR APPROVED AS TO FORM: h. d.L. DARRIN M. COKER CITY ATTORNEY EXHIBIT A METES AND BOUNDS DESCRIPTION 149 ACRES MORE OR LESS OUT OF ABSTRACT 242, BRAZORIA COUNTY, TEXAS. All that certain 149 acres of land, more or less, being generally located in Section 17, of the H. T. & B. R. R. Co. Survey, Abstract 242, Brazoria County, Texas; said land being 500 feet South of the centerline of FM Highway 518 and is bordered on the East in part by Farm Market Road 1128, the City of Pearland Ordinance No. 826 and 708 and on the East by Westchester Estates (unrecorded), on the West in part by Municipal Utility District Number No. 1 and by Quail Meadows Subdivision (unrecorded), and on the south by Blue Sage Gardens (unrecorded); All that certain 149 acres of land, more or less, to be annexed into the City of Pearland located in Section 17, of the H. T. & B. R. R. Co. Survey, Abstract 242, Brazoria County, Texas; said 149 acre tract being more particularly described by metes and bounds as follows (bearings calls based on the centerline of Farm Market Road 1128 to be due North); BEGINNING at the intersection of the Westerly right-of-way line of said Farm Market Road 1128 and the Northerly right-of-way line of County Road 91 (Fite Road); also being the a Northwesterly corner of the City of Pearland Ordinance No. 826; 1) THENCE Southerly — 2,670', more or Tess, with the Westerly right-of-way line of said Farm Market Road 1128 and the Westerly line of the City of Pearland Ordinance No. 826, to the Southerly line of said Abstract 242 and the Northerly line of the George C. Smith Survey, Abstract 547; 2) THENCE Westerly — 1,451', more or less, with Southerly line of said Abstract 242 and the Northerly line of said Abstract 547, with the Southerly line of a 3.50 acre tract described under County Clerk's File No. 95-041886, Official Records of Brazoria County, Texas, and with the Southerly line of a 35.00 acre tract described in Volume 331, Page 711, Official Records of Brazoria County, Texas to the Southwesterly comer of said 35.00 acre tract and the Southeasterly comer of Quail Meadows Subdivision (unrecorded); 3) THENCE Northerly — 2,610', more or less, with the Easterly line of said Quail Meadows Subdivision, the Westerly line of said 35.00-acre tract, and the Westerly line of second 35.00 acre tract described in Volume 331, Page 709, Official Records of Brazoria County, Texas, to the Southerly right-of-way line of said County Road 91 (Fite Road); 4) THENCE Westerly — 58', more or less, with the Southerly right-of-way line of said County Road 91, to the Southerly prolongation of the Easterly line of a 52.3507 acre tract described under County Clerk's File No. 93-005665, Official Records of Brazoria County, Texas; 11-421-39-3 M&b.doc 5) THENCE Northerly- 1,358', more or Tess, with said prolongation, at 60 feet; more or Tess, passing the Northerly right-of-way line of said County Road 91, and continuing with the Easterly line of said 52.3507 acre tract, with the Westerly line of a 7.00 acre tract described under County Clerk's File No. 95-032696, Official Records of Brazoria County, Texas, and with the Easterly line of Municipal Utility District Number. No. 1, to the Northeasterly comer of said 52.3507 acre tract and the Northwesterly corner of said 7.00 acre tract; 6) THENCE Westerly — 549.60', more or Tess, with the Northerly line of said 52.3507 acre tract and the Northerly line of said Municipal Utility District Number. No. 1, the Southerly line of a 6.655 acre tract described in Volume 442, Page 643, Official Records of Brazoria County, Texas, and with the Southerly line of a 13.30 acre tract described in Volume 1760, Page 27, Deed Records of Brazoria County, Texas, to an angle point; 7) THENCE Westerly — 110.20', more or less, with the Northerly line of said 52.3507 acre tract, the Northerly line of said Municipal Utility District Number No. 1, and the Southerly line of said 13.30 acre tract, to the Southwesterly comer of said 13.30 acre tract and the Southeasterly comer of a 21.158 acre tract described under County Clerk's File No. 98-029977, Official Records of Brazoria County, Texas; 8) THENCE Northerly — 818.46', more or less, with the Westerly line of said 13.30 acre tract, the Easterly line of said 21.158 acre tract, and the Easterly line of said Municipal Utility District Number No. 1, to the Southerly line of the City of Pearland Ordinance No. 708; 9) THENCE Easterly — 1,210', more or Tess, with said Southerly line of the City of Pearland Ordinance No. 708 (being parallel with and 500 feet South of the centerline of Farm Market Road 518), to the Westerly line of West Chester Estates (unrecorded subdivision) and the Easterly line of a 10 acre tract described in Volume 1154, Page 466, Deed Records of Brazoria County, Texas; 10)THENCE Southerly — 1,289', more or Tess, with the Westerly line of said West Chester Estates, the Easterly line of said 10 acre tract, the Easterly line of an 8.45 acre tract described under County Clerk's File No. 95-029431, Official Records of Brazoria County, Texas, and the Westerly line of the City of Pearland Ordinance No. 708, to the Southwesterly comer of said West Chester Estates and the Northwesterly comer of a 4.6925 acre tract described in Volume 288, Page 101, Official Records of Brazoria County, Texas; 11)THENCE Easterly — 960', more or Tess, with the Southerly line of said West Chester Estates, the Southerly line of said City of Pearland Ordinance No. 708, and the Northerly line of said 4.6925 acre tract, to a Westerly line of the City of Pearland Ordinance No. 708; 11-421-39-3 M&b.doc 12)THENCE Southerly — 827', more or Tess, with the Westerly line of the City of Pearland Ordinance No. 708, to the POINT OF BEGINNING and containing 149 acres, more or Tess. "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: 11-421-39-3 08/17/99 4 uG1S;F. . C. L. DAVIS 4464 av`- 11-421.39-3 M&b.doc 111:11:1:1�113 •..CII:I:II:IIID E 1 r t�J IP �a a 1'.u1• EXHIBIT CITY OF PEARLAND, TEXAS SERVICE PLAN FOR 149 ACRES OF LAND LOCATED WEST OF THE EXISTING CITY LIMITS AT FM 1128, NORTH AND SOUTH OF FITE ROAD, ENCOMPASSING APPROXIMATELY 149 ACRES 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 land located west of the existing city limits at FM 1128, north and south of Fite Road, encompassing approximately 149 acres 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. HI. 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 causing or allowing private utilities, governmental entities and other public service organizations to provide such services, in whole or part. 1 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. 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. Existing public water and wastewater facilities, if any, will be maintained by the City. Maintenance of additional 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 2 connection to the City's utility system or upon issuance of building permits for lots developed within the Tract. 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 and maintenance of roadside drainage ditches not maintained by Brazoria Drainage District No. 4. 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. 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. 4. 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 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 ofthe 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. 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 4 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. 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 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. 5 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 AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 state of Texas 3razoria and Harris Counties Randy Emmons, hereby certify that the notice hereby appended was published Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general irculation in Brazoria and Harris Counties, for issues, as follows: No. 1 Date 1- i (1 19 1 No Date 19 No. Date 19 No Date 19 No. Date 19 Subscribe and sworn to before me this /C. day of la/ g r� Notary Public, State of Texas 1 'P OTICE OF PUBLIC ' f EARING ON ANNEXATION otice is hereby given that a public hearing will be held by the City Council of the City of teariand, Texas, in the Council Chambers, City Hall, 3619 Liberty Drive, Peariand, Texas, at 6:30 p.m. on July 26, 1999, for the purpose of considering annexation into the city limits of the following property: Tract 1: BEGINNING at the intersec- tion of the centerline of Clear Creek and the projected line of the west line of Brazoria County Municipal Utility District 4; Thence southwesterly along the centerline of Clear Creek (also being the north City of Pearland city limit line) to the intersection of the north line of the Duprey & Roberts Survey, Abstract 1698; Thence westerly along the north line of the Duprey & Roberts Survey, Abstract 1698 to the west line of the Duprey & Roberts Abstract 1698 (also being the east line of Karlis Street (unopened); Thence southerly along the west line of the Duprey &. Roberts Survey; Abstract 1698 to the south line of th`jlison Richey Gulf Coast'omes Section F, Abstract 876: (also being the north right of way line of Fruge Road); :Thence westerly along the north. right of way line of Fruge Road to the east line of Anagost Road (unopened); LEGALS Thence northerly along the east line of Anagost Road to the, south line of Riley Road (unppened); { Thence westerly along the south line of Riley Road to the east right of way line of Hopper Road; Thence northerly along east right of way line of Hopper Road to the south right of way line of Beltway 8/Sam Houston Parkway (such point also being on the Houston- . Pearland extraterritorial juris- diction line established by an interlocal agreement dated December 31, 1997); • Thence easterly along said extraterritorial jurisdiction line to the west right of way line of Fellows Road; Thence southerly along the west right of way line of Fellows Road to the point where Fellows Road tums to an east -west alignment; Thence along the south right -- of way line of Fellows Road to., the west right of way line of Cullen Boulevard; Thence along the west right o) way line of Cullen Bouleva to the centerline of Clea j Creek (also being the north l line of the City of Pearland 100 foot strip annexation` adopted by Ordinance.31, dated June 30, 1960.); Thence westerly along the centerline of Clear Cree (also being the north line o the City of Pearland 100 foo ;strip annexation adopted b Ordinance 31, dated June 30 1960.) to the west line of th F.B. Drake Suryey, Abstra '503 (also being the _west `fin of Brazoria County Municipa Utility District 4); Thence southerly along the I _ west line of Brazoria County Municipal Utility District 4 to the south line of the.David White Survey, Abstract 747, (also being the north line od. Brazoria County. Municipal; Utiliti District 4); Thence westerly along the north! Tine of Brazoria County Municipal utility District 4 a distance of 1392.81.feet to a point for comer, Thence continuing westerly along the north line of Brazoria County Municipal Utility District 4 a distance of 74.92 feet to a point for cor- ner, Thence southerly along the west line of Brazoria County Municipal Utility District 4 a distance of 205.91 feet to a point for comer, LEGALS adopted by Ordinance 31, dated June 30, 1960; Thence westerly along the norh line of the City of Pearland 100 foot strip annex- ation adopted by Ordinance 31, dated June 30, 1960, to the intersection of the east right of way line of County Road 48; Thence northerly along the east right of .way line of County Road 48 to the south right of way line of County fgtoad 92, being the POINT OF BEGINNING and containing ! pproximately 700 acres of land. 1 !Tract 3: BEGINNING at a point 450 south of the south right of way line of FM 518 on !the west line of H.T.: & B. • R. Co. Survey, Abstract 242,.- llot 3A2 (said point also,being on the east line of Braioria:. County Municipal'';,Utilfty' District 1 and the City of Pearland city limit line estab lished by Ordinance 708); Thence easterly to thewest line of the Westchester Estates subdivision 'also being the west line of the City. of Pearland city limit line established by Ordinance_l 708); Thence southerly along the City of Pearland city limit line established by Ordinance 708 to the southwest corner of Westchester Estates subdivi- sion; Thence easterly along the City of Pearland city limit line established by Ordinance 708 to the west line of FM 1128 (also being the west line of. the City of Pearland city limit line established by Ordinance 708); Thence southerly along the City of Pearland city limit line established by Ordinance 708 to the north right of way line of Fite Road; Thence continuing southerly along the City of Peariand-city4 limit line established byl, Ordinance 826 to the intersec- tion of the City of Pearland city limit line established by Ordinance 899; Thence westerly along the City of Pearland city limit line established by Ordinance 899 to the east Tine of Brazoria County Municipal Utility, Districts; Thence northerly along the east line of Brazoria County Municipal Utility District 1 to the south right of way of Fite Road; Thence easterly along the south right of way of Fite Road to the southerly exten- sion of the west line of I T. &. B. ,R. R. Co. Survey, Abstract 242, Lot 3F (also being the_, extension of the east iiae;: Brazoria County Municipal Utility District 1); Thence northerly along the east line of Brazoria County Municipal Utility District 1 to the common corner of the H.T.,& B. R. R. Co. Survey, Abstract 242, Lot 3F•and the H.T. & B. R. R. Co. Survey, Abstract 242, Lot 3D (also being a corner of Brazoria County Municipal Utility District 1); Thence westerly along the north line of Brazoria County Municipal Utility District 1 to the west line of H.T. & B. R. R. Co. Survey, Abstract 242, Lot 3A2 (also being the east line of Brazoria County Municipal Utility District 1); Thence northerly along the east line of Brazoria County Municipal Utility District 1 to the POINT OF BEGINNING, and containing approximately 240 acres of land. These descriptions were pre- pared using numerous record- ed subdivision maps and City Ordinances and does not rep- resent an on the ground sur- vey. All interested citizens and property owners are hereby notified of their right to appear and be heard on the matter. Is/ Young Lorfing City Secretary This site is accessible to dis- a bled individuals. For special istance, such as the need for deaf interpreters or braille !X! erials, please call Young mg at 485-2411, ext. 341, fil r to the meeting so that ropriate arrangements can AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 state of Texas Brazoria and Harris Counties Randy Emmons, hereby certify that the notice hereby appended was published 1 Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general irculation in Brazoria and Harris Counties, for / issues, as follows: - . No. / - Date 7" Z/ 19 /CI No Date 19 No Date 19 No Date 19 No. Date 19 &.106>to President subscribe and sworn to before me this Z'�-- day o 9 16 Notary Public, State of Texas PUBLIC NOTICE NOTICE .,OF,R_, _PUBLIC 'HEARING ON ANNEXATION Notice is hereby given that a public hearing will be 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 August 2, 1999, for the purpose of considering annexation into the city limits of the following property: Tract 1: BEGINNING at the intersection of the centerline of Clear Creek and the pro- jected line of the west line of Brazoria County Municipal Utility District 4; Thence southwesterly along the centerline of Clear Creek (also being the north City of Peariand city limit tine) to the intersection of the north line of the Duprey & Roberts Survey, Abstract 1698; Thence westerly along the north line of the Duprey & 1 Roberts Survey, Abstract 1698 to the west line of the Duprey & Roberts Abstract 1698 (also being the east line of Kartis Street (unopened)); , Thence southerly along the west line of the Duprey & Roberts Survey, Abstract 1698 to the south line of the Allison Richey Gulf Coast Homes Section F, Abstract 876 (also being the north right of way fine of Fnrge Road); Thence westerly along the north right of way line of Fruge Road to the east line of tnagost Road (unopened); Thence northerly along the Jest line of Anagost Road to the south line of Riley Road (unopened): Thence westerly along the south line of Riley Road to the east right of way line of Hopper Road; Thence northerly along east right of way line of Hopper Road to the south right of way line of Beltway 8/Sam Houston Parkway (such point also being on the Houston- Pearland extraterritorial juris- diction line established by an interlocal agreement dated December 31, 1997); Thence easterly along said extraterritorial jurisdiction line to the west right of way line of Fellows Road; Thence southerly along the west right of way line of Fellows Road to the point where Fellows Road tums to an east -west alignment; Thence along the south right of way line of Fellows Road to the west right of way line of Cullen Boulevard; Thence along the west right of way line of Cullen Boulevard to the centerline of Clear Creek (also being the north line of the City of Pearland 100 foot strip annexation adopted by Ordinance 31, dated June 30, 1960.); Thence westerly along the centerline of Clear Creek (also being the north line of the City of Pearland 100 foot strip annexation adopted by Ordinance 31, dated June 30, 1960.) to the west line of the F.B. Drake Survey, Abstract 503 (also being the west line of Brazoria County Municipal Utility District 4); Thence southerly along the west line of Brazoria County Municipal Utility District 4 to ;the south line of the David LEGALS White Survey, Abstract 747 (also being the northline of Brazoria County Munrcipa Utility District 4); Thence westerly along the north line of Brazoria County Municipal Utility District 4 a distance of 1392.81 feet to a point for comer, Thence continuing westerly along the north line of Brazoria County Municipal Utility District 4 a distance of 74.92 feet to a point for cor- ner, Thence southerly along the west line of Brazoria County Municipal Utility District 4 a distance of 205.91 feet to a point for comer; Thence westerly along the north line of Brazoria County Municipal Utility District 4 a distance of 438.07 feet to a point for corner (also being the east right of way line of State Highway 288); Thence continuing westerly along the north line of Brazoria County Municipal Utility District 4 a distance of 806.66 feet to a point for cor- ner, being the northwest cor- ner of Brazoria, County Municipal Utility District 4 (also being on the east line of Duprey & Roberts Survey, Abstract 726 and the City of Pearland city limit line estab- lished by Ordinance 768); Thence northerly along the projected line of the west line of Brazoria County Municipal Utility District 4 (also being .the City of Pearland city limit line established by Ordinance 768) trite centerline of Clear Creek, being the POINT OF BEGINNING and containing approximately 2000 acres of land. Tract 2: BEGINNING at the intersection of the east right of way of County Road 48 and the south right of way line of County Road 92 (said point also being on the; City of Pearland city limit rot estab- lishedbyArd[nanC ,Q . Thence easterly along the city limit line to the intersection of the City of Peariand city limit line established by Ordinance 762; Thence southerly along the City of Pearfand city limit line established by Ordinance 762 to the intersection of the north line of the City of Peariand 100 foot strip annexation adopted by Ordinance 31, dated June 30, 1960; Thence westerly along the north line of the City of Pearland 100 foot strip annexation adopted by Ordinance 31, dated June 30, 1960, to the intersection of the east right of way line of County Road 48; Thence northerly along the east right of way line of County Road 48 to the south right of way line of County Road 92, being the POINT OF BEGINNING and contain- ing approximately 700 acres of land. Tract 3: BEGINNING at a point 450 south of the south right of way line of FM 518 on the west line of H.T. & B. R. R. Co. Survey, Abstract 242, Lot 3A2 (said point also being on the east line of Brazoria County Municipal Utility District 1 and the City -of Pearland city limit line estab- lished by Ordinance 708); Thence easterly to the west line of the Westchester Estates subdivision (also being the west line of the City of Pearland city limit line established by Ordinance 708); Thence southerly along the City of Pearland city limit line established by Ordinance 708 to the southwest corner of Westchester Estates subdivi- sion; Thence easterly along the City of Pearland city limit lie established by Ordinance 708 to the west line of FM 1128 (also being the west line of. the City of Pearland city' limit line established by Ordinance 708); Thence southerly along the City of Pearland city limit line. established by Ordinance 708 to the north right of. way IIn@. of Fite Road; - Thence continuing southerly along the City of Pearland city 4 5 -limit line established by :Ordinance 826 to the inter- ; section of the City of Peartand city limit line established by :Ordinance 899; ;Thence westerly along the •City of Pearland city limit line established by Ordinance 899 :to the east line of Brazoria •County Municipal Utility District 1; • ,.Thence northerly along the east line of Brazoria County Municipal Utility District 1 to :the south right of way of Fite :Road; :Thence easterly along the :south right of way of Fite -Road to the southerly exten- sion of the west line of H.T. & B. R. R. Co. Survey, Abstract •242, Lot 3F (also being the :extension of the east line Brazoria County Municipal.' Utility District 1); 'Thence northerly along the' :east line of Brazoria County :Municipal Utility District 1 to ,the common corner of the ;H.T. & B. R. R. Co. Survey, Abstract 242, Lot 3F and the .H.T. & B. R. R. Co. Survey, :tibstract 242, Lot 3D (also :being a corner of Brazoria -County Municipal Utility District 1); .Thence westerly along the :north line of Brazoria County 44unicipal Utility District 1 to :the west line of H.T. & B. R. LEGALS R. Co. Survey, Abstract242, Lot 3A2 (also being the east line of Brazoria County Municipal Utility District 1); Thence northerly along the east line of Brazoria County Municipal Utility District 1 to the POINT OF BEGINNING, and containing approximately 240 acres of land. These descriptions were pre- pared using numerous recorded subdivision maps and City Ordinances and does not represent an on the ground survey. All interested citizens and property owners are hereby notified of their right to appear and be heard on the matter. /s/ Young Lorfing City Secretary This site is accessible to dis- abled individuals. For special assistance, such as the need for deaf interpreters or braille materials, please call Young Lorfing at 485-2411, ext. 341, prior to the meeting so that a2propriate arrangements n be made::_