Ord. 0970 05-22-00ORDINANCE NO. 970
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY
MUNICIPAL UTILITY DISTRICT NO. 18 OF 9.4747 ACRES OF LAND.
WHEREAS, Brazoria County Municipal Utility District No. 18 ("District") is located
within the corporate limits of the City of Pearland, Texas ("City"); and
WHEREAS, the City consented to the creation of the District by Ordinance No. 884
dated November 9, 1998; 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. 18" (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 9.4747 acres described in the Petition and
the exhibits attached hereto, into the District conditioned upon the terms set forth in
Ordinance No. 884 and Chapter 30, Article IV, Water and Sewer Districts, of the City of
Pearland Code of Ordinances.
1
ORDINANCE NO. 970
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, APPROVED and ADOPTED this the 22nd day of May
A.D., 2000.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
2
EXHIBIT
PETITION FOR CONSENT TO INCLUDE ADDITIONAL LAND IN BRAZORIA
COUNTY MUNICIPAL UTILITY DISTRICT NO. 18
THE STATE OF TEXAS §
§
COUNTY OF BRAZORIA §
TO THE HONORABLE MAYOR AND
CITY COUNCIL OF THE CITY OF PEARLAND:
R. WEST DEVELOPMENT COMPANY, INC., a Texas corporation,
being the holder of title to a majority in value of the land
hereinafter described, as such values are indicated by the tax
rolls of Brazoria County, Texas ("Landowner") and Brazoria County
Municipal Utility District No. 18 ("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 District, to which the land hereinafter described is
sought to be annexed, exists under the terms and provisions of
Article XVI, Section 59 of the Constitution of Texas and Chapters
49 and 54, Texas Water Code, as amended and was created by order
of the Texas Natural Resource Conservation Commission dated May
21, 1999. Landowner is the sole owner and holder of fee simple
title to the land sought to be annexed to the District, as
indicated by the tax rolls of Brazoria County, Texas. Landowner
represents and warrants that the lienholder consenting to this
petition below is the only holder of liens against the land
sought to be annexed.
II.
The land sought to be added to the District contains
approximately 9.4747 acres of land, more or less, and lies wholly
within Brazoria County, Texas. No part of said area is within
the limits of any incorporated city or town. Under the
provisions of Vernon's Texas Civil Statues, Local Government
Code, Section 42.001 et seq., as amended, said area is within the
corporate limits of the City of Pearland and is not within such
jurisdiction of any other city. All of the territory to be
annexed may properly be annexed to the District.
The land sought to be added to the area of the District is
described by metes and bounds in Exhibit "A" attached hereto and
incorporated herein for all purposes.
IV.
The general nature of the work proposed to be done in the
area sought to be annexed shall be the purchase, construction,
acquisition, repair, extension and improvement of land,
easements, works, improvements, facilities, plants, equipment and
appliances necessary to:
(1) provide a water supply for municipal, domestic and
commercial purposes;
(2) collect, transport, process, dispose of and control all
domestic, industrial or communal wastes whether in fluid, solid
or composite state; and
(3) gather, conduct, divert and control local storm water
or other harmful excesses of water in the area.
V.
There is a necessity for the improvements above described
for the following reasons. The area of the District is urban in
nature, is within the growing environs of the City of Pearland,
and is in close proximity to populous and developed sections of
Brazoria County. The land sought to be added to the District is
not supplied with adequate water, sanitary sewer and drainage
facilities and services, nor is it presently economically
feasible for such facilities to be provided to said land. The
health and welfare of the present and future inhabitants of the
District, the land sought to be added to the District and of
territories adjacent thereto require the installation and
acquisition of an adequate water supply and sewage disposal
system and an adequate drainage system for and within the land
sought to be added to the District. A public necessity exists
for the addition of the aforesaid lands to the District in order
to provide for the' purchase, construction, extension,
improvement, maintenance and operation of such waterworks and
sanitary sewer system and such drainage facilities, so as to
promote and protect the purity and sanitary condition of the
State's waters and the public health and welfare ofthe
community.
VI.
It is estimated by the Petitioner, from such information as
is available at this time, that the development contemplated
within the proposed area to be annexed will be approximately
$5,580,000_nn•
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WHEREFORE, Petitioner respectfully prays that this petition
be granted in all respects and that the City of Pearland give its
consent to the annexation of the aforesaid land in said District.
[SIGNATURES TO COMMENCE ON FOLLOWING PAGE]
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Dated this the 14th day of March , 2000.
R. WEST DEVELOPMENT COMPANY, INC.,
a Texas corporation
By:
Renee L. West, Presi'!ent
Petitioner
THE STATE OF TEXAS §
§
COUNTY OF BRAZORIA § ,/l
This instrument was acknowledged before me on this /.4/ 4
day of 6"7A/E'Cfi , 2000, by Renee L. West, President of R.
West Development Company, Inc., a Texas corporation, on behalf of
said corporation.
CAROLYN M. HINES
MY COMMISSION EXPIRES
March 14, 2004
(SEAL)
y Pubic in anfor
the State
of T E AS
- 4
ATTEST:
By:
retaY`y
and of ]iiectors
THE STATE OF TEXAS §
COUNTY OF BRAZORIA
BRAZORIA COUNTY MUNICIPAL
UTILITY DISTRICT NO. 18
ument was acknowl
of , 2000, by
Braz is County Municipal Uti ity
subdivision of the State of Texas
subdivision.
Pre
Bo
AR* CATHY S. CROCKER
,N y� : MY COMMISSION EXPIRES
• �' December21, 2003
:;fir 5E+�,
(SEAL)
ent,
of Directos
y Pu
the State
e on this day
r1the Pre i ent of
No. 18, a political
alf f : id political
c in and for
of TEXAS
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The undersigned, being the holder of liens against the
property described in the foregoing Petition hereby acknowledges
and consents to said Petition.
THE STATE OF ), ' » §
COUNTY OF (4,114a/§
T s ument was acknowledged before me on this
day of � - , 2 0 0 0 , by ELI ZABETH ALEXANDER �-n
(SEAL)
LINDA GAIL IVIE
* NOTARY PUBLIC
State of Texas
' Comm. Exp. 05-17-2003
uL
Notary Public in and for
the State of TEXAS
141
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[XHIBIT "A"
REKHA ENGINEERING, INC.
CONSULTING ENGINEERS
9.4747 ACRES LOCATED IN VARIOUS SURVEYS FOR ANNEXATION INTO BRAZORIA COUNTY
MUNICIPAL UTILITY DISTRICT NO. 18 (INNER CITY M.U.D.), CITY OF PEARLAND, BRAZORIA
COUNTY, TEXAS.
Being 9.4747 acres of land located in various surveys in the City of Pearland, Brazoria County, Texas,
said 9.4747 acres being in two (2) separate tracts as described by metes and bounds as follows (All
bearings recited herein are grid bearings based on the City of Pearland Horizontal Control Monuments,
established in 1995, reflecting the Texas Coordinate System, South Central Zone, NAD 83 datum. All
coordinates and distances recited herein are surface coordinates and distances).
TRACT SEVEN A
LEGAL DESCRIPTION OF NORTH ANNEXATION TRACT
BEING 8.9167 Acres (388,413 square feet) of Land, being located a in the A.C.H & R Survey, Section 2,
Abstract 507, Brazoria County, Texas, and also being located in the H. Stevens Survey, Abstract 594,
Brazoria County, Texas and being a part of certain 207.179 acre tract described in a deed from John
Alexander and a Guy Crouch as independent executors and trustees of the Estate of Helen F. Alexander
to Elizabeth Alexander Nisbett, dated June 4, 1981, and recorded in Volume 1597, Page 315 Deed
Records, said 8.9167 acres being more particularly described by metes and bounds as follows:
COMMENCING, at a 1 inch iron pipe set in the Northeast right-of-way line of State Highway No. 35 (100
foot right-of-way) for the Northwest corner of the herein described tract and the Southwest corner of a
6.8744 acre tract described in Deed from Elizabeth A. Nisbet to the City of Pearland recorded in Clerk's
File No. 96-038855, said point being located South 29 ° 37' 20" East - 135.0 feet from a 5/8" iron rod
found at the Southwest corner of an 83.3719 acre tract heretofore sold to Pearland Independent School
District out of the Original 207.179 acre tract and recorded in Volume (88)552, Page 385, Official
Records:
THENCE, in an Easterly direction, along the Southerly line of said 6.8744 acre tract hereafter referred to
as the south line of Oiler Drive, following a curve to the right having a radius of 865.00 feet, Central
Angle 20° 19' 49" an arc distancE of 306.93 feet (Chord Bearing & Distance - North 70° 19' 27" East -
305.32 ) to a 1 inch iron pipe set at the P.T. of said curve;
THENCE North 78° 02' 51" East, continuing along the South line of Oiler Drive, a distance of 319.46 feet
to a 1/2 inch iron rod set for the northwest corner and PLACE OF BEGINNING of the herein described
tract;
THENCE North 78° 02' 51" East, continuing along the South line of Oiler Drive, a distance of 408.43 feet
to a 1 inch iron pipe set at the P.C. of a curve to the left;
THENCE, continuing along the Southerly Line of Oiler Drive, following a curve to the left having a Radius
of 2135.00 feet, a Central Angle 03° 17' 46", an arc distance of 122.83 feet (Chord Bearing and Distance
- North 76° 25' 19" East - 122.81) to a 1/2 inch iron rod found for the northeast corner of the herein
described tract and , same being the northwest corner of that tract described as TRACT SEVEN of the
original conveyance into Brazoria County M.U.D. No. 18, same being the northwest corner of that tract
described as TRACT SEVEN of the original conveyance into Brazoria County M.U.D. No. 18.
Page 1 of 2
IG
5301 HOLLISTER, SUITE 48'S • HOUSTON, TEXAS 77040
PHONE: (713) 895-8080/8081 • FAX: (713) 895-7686
REKHA ENGINEERING, INC.
CONSULTING ENGINEERS
9.4747 ACRES LOCATED IN VARIOUS SURVEYS FOR ANNEXATION INTO BRAZORIA COUNTY
MUNICIPAL UTILITY DISTRICT NO. 18 (INNER CITY M.U.D.), CITY OF PEARLAND, BRAZORIA
COUNTY, TEXAS.
PAGE 2
THENCE South 12° 17' 30" East, along the west line of said TRACT SEVEN, a distance of 372.46 feet to
a 1/2 inch iron rod found for an angle corner of the herein described tract and the Beginning of a Curve
to the left whose center bears North 76°25'19" East;
THENCE, continuing along the west line of said TRACT SEVEN, following a curve to the right, having a
Radius of 269.00 feet, Central Angle 28° 34' 37", an Arc Length of 134.17 feet, and a Long Chord which
bears North 29° 44' 18" West - 132.78 feet to a 1/2 inch iron rod found at the P.C. of said curve;
THENCE South 12° 17' 30" East, continuing along the west line of said TRACT SEVEN, a distance of
455.50 feet to a 1/2 inch iron rod found for an angle corner;
THENCE South 05° 22' 41" East, continuing along the west line of said TRACT SEVEN, a distance of
166.96 feet to a 1/2 inch iron rod set for the southeast corner of the herein described tract;
THENCE South 86°35'53" West, a distance of 127.76 feet to a 1/2 inch iron rod set for the southwest
corner of the herein described tract;
THENCE North 32° 06' 34" West along the west line of the herein described tract, a distance of 1162.47
feet to the PLACE OF BEGINNING, containing 8.9167 acres (388,413 square feet) of land.
TRACT SEVEN B
LEGAL DESCRIPTION OF SOUTH ANNEXATION TRACT
BEING 0.5580 Acres (24,305 square feet) of Land, being located a in the A.C.H & B Survey, Section 2,
Abstract 507, Brazoria County, Texas, and also being located in the H. Stevens Survey, Abstract 594,
Brazoria County, Texas and being a part of the said 207.179 acre tract, said 0.5580 acres being more
particularly described by metes and bounds as follows:
BEGINNING at a 1/2 inch iron rod found for the southwest corner of the said TRACT SEVEN, same
being the southeast corner of the herein described tract;
THENCE South 86°35'53" West, a distance of 163.16 feet to a 1/2 inch iron rod set for the southwest
corner of the herein described tract;
THENCE North 03°24'07" West, a distance of 297.93 feet to a 1/2 inch iron rod set in the west line of
said TRACT SEVEN for the north corner of the herein described tract
THENCE South 32° 06' 34" East, along the west line of the said TRACT SEVEN, a distance.of 339.68
feet to the PLACE OF BEGINNING ,.,,taming 0.5580 acres
-- ... _ square -
D:1117711177ANNEX,doc
December 28, 1999
Page 2 of 2
11°
5301 HOLLISTER, SUITE • • HOUSTON, TEXAS
PHONE: (713) 895-8080/8081 • FAX: (713) 895-7686