Ord. 1133 11-24-03ORDINANCE NO. 1133
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, DISCONTINUING AND DISANNEXING CERTAIN TERRITORY
FROM THE CITY AND ADJUSTING THE CITY'S BOUNDARIES
ACCORDINGLY; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION
AND AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 1.04 of the City Charter, the City desires to
discontinue said territory in order that mutual boundaries between the City of
Pearland and Brazoria County Municipal Utility District No. 16 may be clearly
defined; and
WHEREAS, a public hearing was conducted before the City Council on
November 10, 2003, at 6:30 p.m., at the Pearland City Hall, 3519 Liberty Drive,
Pearland, Texas; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. The tract of land described in Exhibit "A", attached hereto and
incorporated herein for all purposes, is hereby discontinued and disannexed from
the City of Pearland, and the boundaries of the City are hereby adjusted
accordingly.
Section 2. The City Council finds and declares that no bond funds of the
City have been spent in the territory and no municipal improvements have been
made in said territory.
Section 3. 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 4. Severability. If any section, subsection, sentence, clause,
phrase or portion of this Ordinance is for any reason held invalid, unconstitutional
or otherwise unenforceable by any court of competent jurisdiction, such portion
1
ORDINANCE NO. 1133
shall be deemed a separate, distinct, and independent provision and such holding
shall not affect the validity of the remaining portions thereof.
Section 5. Repealer. All ordinances and parts of ordinances in conflict
herewith are hereby repealed, but only to the extent of such conflict.
Section 6. Codification. It is the intent of the City Council of the City of
Pearland, Texas, that the provisions of this Ordinance shall be codified in the City's
official Code of Ordinances as provided hereinabove.
Section 7. Effective Date. This Ordinance shall become effective
immediately upon its passage and approval by the City Council.
PASSED and APPROVED ON FIRST READING this the loth day of
November , A. D., 2003.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
2
ORDINANCE NO. 1133
PASSED and APPROVED ON SECOND AND FINAL READING this the 24th
day of November , A. D., 2003.
ATTEST:
L KEISHA CANNON-SCOTT
DEPUTY CITY SECRETARY
APPROVED AS TO FORM:
NGI'IIEM V. DOAN
DEPUTY CITY ATTORNEY
TOM REID
MAYOR
3
PETITION FOR EXCLUSION OF LAND
THE STATE OF TEXAS §
COUNTY OF BRAZORIA §
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
MHI Partnership, Ltd., a Texas limited partnership (the "Petitioner"), respectfully petitions the City
ofPearland, Texas (the "City"), for the exclusion ofthe territory hereinafter described from the City so that
such lands and territory shall be severed from the City and annexed into Brazoria County Municipal Utility
District No. 16 (the "District").
I.
The property sought to be excluded is located in Brazoria County Texas, and is described by metes
and bounds on Exhibit "A" attached hereto and incorporated herein by reference for all purposes (the
"Property").
II.
Petitioner is the holder of title to the Property as shown by the Brazoria County Tax Rolls and
conveyances of record. There are no liens on the Tract, except for RFC Construction Funding Corp.
WHEREFORE, PREMISES CONSIDERED, Petitioner prays that this Petition be filed with the
Secretary ofthe City, that a hearing to consider this matter be scheduled by the City Council ofthe City,
and, thereafter, that this Petition be granted in all respects and the described land be excluded from and
severed from the boundaries of City in the manner provided for by law; and after this Petition has been
granted, that it and the City Council action be filed of record and recorded in the Office of the County
Clerk, Brazoria County, Texas; and that Petitioner have such other relief to which it may show itself
entitled.
003114.000001\440967.1 JKAHN
RESPECTFULLY SUBMITTED, EFFECTIVE the - day of Othr61,r , 2003.
PETITIONER:
MHI PARTNERSHIP, LTD.,
a Texas limited partnership
By: McGuyer Homebuilders, Inc.,
a Texas corporation
Its: Sole General Partner
By:
THE STATE OF TEXAS
COUNTY OF
Michael K. Love, President
This instrument was acknowledged before me on this / day of 61,/,_. , 2003, by
Michael K. Love, President ofMcGuyer Homebuilders, Inc., a Texas corporation, general partner ofMHI
Partnership, Ltd., a Texas limited partnership, on behalf of said limited partnership.
JUDY D. JOHNSON
Notary Public
State of Texas
Comm. Expires 11-09-2005
4,-)7
Nota �' Pull c in an for the
State ofTEXAS
Name Printed or Typed
(SEAL) My Commission Expires:
003114.000001\440967.1 JKAHN 2
29.99 Acres
STATE OF TEXAS
Exhibit "A"
COUNTY OF BRAZORIA §
H.T. & B.R.R. Company Survey
Abstract No. 505
A METES AND BOUNDS description of a 29.99 acre tract (1,306,212 square feet, square
footage based on the mathematical closure of the courses and distances described herein) of
land located in the H.T. & B.R.R. Company Survey, Abstract No. 505, Brazoria County, Texas.
Said 29.99 acre tract of land being more particularly described as follows:
BEGINNING at a point marking the southeast corner of the herein described tract, said point
being located at the intersection of the north right-of-way line of FM 518 with the west right-
of-way line of County Road 108;
THENCE, North 89°59'00" West, 2067.06 feet along the north right-of-way line of said FM
518 to a point for corner, said point being located at the intersection of said north right-of-way
line of FM 518 with the east right-of-way line of County Road 561;
THENCE, North 00°10'58" West, 950.01 feet along said east right-of-way line of County
Road 561 to a point for corner;
THENCE, South 89°59'00" East, 606.70 feet leaving said east right-of-way line of County
Road 561 to a point for corner;
THENCE, South 00°01'00" West, 450.00 feet to a point for corner;
THENCE, South 89 ° 59'00" East, 1462.00 feet to a point for corner, said point being located
in the west right-of-way line of County Road 108;
THENCE, South 00°10'27" East, 500.00 feet along said west right-of-way line of County
Road 108 to the POINT OF BEGINNING, CONTAINING 29.99 acres of land in Brazoria County,
Texas.
SURVUOW1M&812999
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to
BRAZORIA COUNTY
LAKESIDE ESTATES
SECTION 1
BRAZORIA COUNTY ROAD 560
(CLIFFSTONE RD)
N 89'48'56W - 2068.33
FUTURE•
0o LAKESIDE ESTATES 17, a
N SECTION 3 Z
80' ROW
N 8914'30' E - 2067.93'
BRAZORIA COUNTY ROAD 408
(HUGHES RANCH RD)
110' UTILITY
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TO BE ANNEXED
BY BRAZOR/A COUNTY I _OrAr ESN i C0M (0.
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Consulting Engineers
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0 s50 500
1000
SCALE: 1 " = 1000'
OCTOBER 2003
MAP OF
BRAZORIA COUNTY
MUD No. 16
EXHIBIT "B"
29.99 Acres H.T. & B.R.R. Company Survey
Abstract No. 505
STATE OF TEXAS
Exhibit "A"
COUNTY OF BRAZORIA §
A METES AND BOUNDS description of a 29.99 acre tract (1,306,212 square feet, square
footage based on the mathematical closure of the courses and distances described herein) of
land located in the H.T. & B.R.R. Company Survey, Abstract No. 505, Brazoria County, Texas.
Said 29.99 acre tract of land being more particularly described as follows:
BEGINNING at a point marking the southeast corner of the herein described tract, said point
being located at the intersection of the north right-of-way line of FM 518 with the west right-
of-way line of County Road 108;
THENCE, North 89°59'00" West, 2067.06feet along the north right-of-way line of said FM
518 to a point for corner, said point being located at the intersection of said north right-of-way
line of FM 518 with the east right-of-way line of County Road 561;
THENCE, North 00°10'58" West, 950.01 feet along said east right-of-way line of County
Road 561 to a point for corner;
THENCE, South 89°59'00" East, 606.70 feet leaving said east right-of-way line of County
Road 561 to a point for corner;
THENCE, South 00°01'00" West, 450.00 feet to a point for corner;
THENCE, South 89 ° 59'00" East, 1462.00 feet to a point for corner, said point being located
in the west right-of-way line of County Road 108;
THENCE, South 00°10'27" East, 500.00 feet along said west right-of-way line of County
Road 108 to the POINT OF BEGINNING, CONTAINING 29.99 acres of land in Brazoria County,
Texas.
SURW OW\M8912999
10l24/2003 14:08 FAX 713 974 2954
MHI LAND DEPT
t002
BRAZORIA COUN
LAKESIDE ESTATES
SECTION 1
EIRAZORIA COUNTY ROAD 560
(CLIFUNKIM-
N em.strsr wintrirn-
13.4 FUTURE 11,1
.°2 LAKESIDE ESTATES
62 SECTON 3
a
80ROW
BRAZORIA COUNTY ROAD 40-61>(
(HUGHES RANCH RD)
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D-01%1'T
N 99'54'30' E ow 2057.93'
CL HICKOR
SLOUCH
FUTURE
LAKESIDE ESTATES
SECTION 2
EXIST 40' DE—Ii-17,4'/ /
PROPOSED 29.99 AC
TO SE ANNEXED i/ ///1:2450$7,'"`
BY SRAZOR/A COUNTY niro x„, CthAMERg(27
MUD No. 16 Tp: C N . /Trare
1-17.k4 518
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0 310 01;i13=aziii10 101X1
SCALE: lh 1000'
OCTOBER 2003
MAP OF
BRAZORIA COUNTY
MUD No. 16
EXHIBIT "B"
ARTICLE IV
EXCLUSION AND ANNEXATION OF COMMERCIAL PROPERTY
Section 4.01 Disannexation of Commercial Property from Municipal Boundaries of City.
Upon the execution of this Agreement, Developer shall promptly file with the City a petition
requesting the disannexation of the Commercial Property from the municipal boundaries of the City.
Upon or prior to the disannexation of the Commercial Property from the municipal boundaries of
the City, the Developer and District will submit a Petition for Consent to annex the Commercial
Property into the boundaries of the District to the City. The City agrees to schedule public hearings
and other actions necessary to approve consent to the annexation of the Commercial Property into
the boundaries of the District at the earliest possible dates.
Section 4.02 Contingencies. The conveyance of the Detention Property from Developer
to City shall be subject to the City de -annexing the Commercial Property from the municipal
boundaries of the City and consenting to the annexation of the Commercial Property into the District.
Section 4.03 Detention. The City agrees that a portion of the Detention Property may be
used to mitigate off -site drainage requirements for the Commercial Property as set forth herein. Such
mitigation requirements will be determined by the then applicable City and Brazoria County rules
and regulations at such time as the Commercial Property is developed.
ARTICLE V
WASTEWATER TREATMENT AND WATER SUPPLY
Section 5.01 Termination of Wastewater Treatment Facilities Agreement. The District and
City hereby agree to terminate that certain Wastewater Treatment Facilities Agreement dated
December 6, 1995, which provides for wastewater treatment service to be provided by the parties
to the development of certain lands located either within the City or within the City's ETJ.
Section 5.02 Termination of Water Purchase Agreement. The District and City hereby
agree to terminate that certain Water Purchase Agreement dated December 6, 1995, which provides
for water supply to be provided by the parties to the development of certain lands located either
within the City or within the City's ETJ.
Section 5.03 Water Purchase and Waste Disposal Agreement. The conveyance of the
Detention Property from Developer to City shall be subject to the City and District entering into the
Waste Disposal and Water Purchase Agreement in the form attached hereto as Exhibit "C."
ARTICLE VI
CR 403
Section 6.01 Construction of CR 403. At such time as the Developer submits a plat for the
construction of improvements on Developer's Property adjacent to CR 403, Developer hereby agrees
003114.000001\303594.6 JKAHN
-6-
PETITION FOR EXCLUSION OF LAND
THE STATE OF TEXAS §
COUNTY OF BRAZORIA §
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
MHI Partnership, Ltd., a Texas limited partnership (the "Petitioner"), respectfully petitions the City
ofPearland, Texas (the "City"), for the exclusion of the territory hereinafter described from the City so that
such lands and territory shall be severed from the City and annexed into Brazoria County Municipal Utility
District No. 16 (the "District").
. I.
The property sought to be excluded is located in Brazoria County Texas, and is described by metes
and bounds on Exhibit "A" attached hereto and incorporated herein by reference for all purposes (the
"Property").
II.
Petitioner is the holder of title to the Property as shown by the Brazoria County Tax Rolls and
conveyances of record. There are no liens on the Tract, except for RFC Construction Funding Corp.
WHEREFORE, PREMISES CONSIDERED, Petitioner prays that this Petition be filed with the
Secretary of the City, that a hearing to consider this matter be scheduled by the City Council of the City,
and, thereafter, that this Petition be granted in all respects and the described land be excluded from and
severed from the boundaries of City in the manner provided for by law; and after this Petition has been
granted, that it and the City Council action be filed of record and recorded in the Office of the County
Clerk, Brazoria County, Texas; and that Petitioner have such other relief to which it may show itself
entitled.
003114.000001\440967.1 JKAHN
RESPECTFULLY SUBMITTED, EFFECTIVE the day of Q6P4- , 2003.
THE STATE OF TEXAS
COUNTY OF
PETITIONER:
MHI PARTNERSHIP, LTD.,
a Texas limited partnership
By:
Its:
McGuyer Homebuilders, Inc.,
a Texas corporation
Sole General Partner
By:
Michael K. Love, President
This instrument was acknowledged before me on this ' 'day of 61,4 , 2003, by
Michael K. Love, President of McGuyer Homebuilders, Inc., a Texas corporation, general partner of MHI
Partnership, Ltd., a Texas limited partnership, on behalf of said limited partnership.
JUDY D. JOHNSON
Notary Public
State of Texas
Comm. Expires 11-09-2005
(SEAL)
003114.000001\440967.1 JKAHN
2
0-gib
in an 9for the
State ofTEXAS
Name Printed or Typed
My Commission Expires:
29.99 Acres H.T. & B.R.R. Company Survey
Abstract No. 505
STATE OF TEXAS
Exhibit "A"
, COUNTY OF BRAZORIA §
A METES AND BOUNDS description of a 29.99 acre tract (1,306,212 square feet, square
footage based on the mathematical closure of the courses and distances described herein) of
land located in the H.T. & B.R.R. Company Survey, Abstract No. 505, Brazoria .County, Texas.
Said 29.99 acre tract of land being more particularly described as follows:
BEGINNING at a point marking the southeast corner of the herein described tract, said point
being located at the intersection of the north right-of-way line of FM 518 with thewest right-
of-way line of County Road 108;
THENCE, North 89 ° 59'00" West, 2067.06 feet along the north right-of-way Tine of said FM
518 to a point for corner, said point being located at the intersection of said north right-of-way
line of FM 518 with the east right-of-way line of County Road 561;
THENCE, North 00°10'58" West, 950.01 feet along said east right-of-way line of County
Road 561 to a point for corner;
THENCE, South 89°59'00" East, 606.70 feet leaving said east right-of-way line of County
Road 561 to a point for corner;.
THENCE, South 00°01'00" West, 450.00 feet to a point for corner;
THENCE, South 89 ° 59'00" East, 1462.00 feet to a point for corner, said point being located
in the west right-of-way line of County Road 108;
THENCE, South 00°10'27" East, 500.00 feet along said west right-of-way line of County
Road 108 to the POINT OF BEGINNING, CONTAINING 29.99 acres of land in Brazoria County,
Texas.
SURWDW1M&B 2999