Ord. 1141 12-15-03ORDINANCE NO. 1141
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, APPROVING THE ANNEXATION BY
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 26
OF APPROXIMATELY 69.312 ACRES OF LAND.
WHEREAS, Brazoria County Municipal Utility District No. 26 (the "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. 1004 dated February 26, 2001; 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 "Petitions for Consent to Include Additional Land in the
City of Pearland and in Brazoria County Municipal Utility.District No. 26" (the
"Petitions") are 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 approximately 69.312
acres described in the Petitions and the exhibits attached hereto, into the District
conditioned upon the terms set forth in Ordinance No. 1004 and Chapter 30,
Article IV, Water and Sewer Districts, of the City of Pearland Code of
Ordinances.
ORDINANCE NO. 1141
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.
Section 5. The Council finds and determines that establishing territorial
boundaries within 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
ON FIRST AND ONLY READING this the
, A. D., 2003.
TOM REID
MAYOR
same is hereby waived.
PASSED and APPROVED
].5th day of December
ATTEST:
~.,/~ T Y ~ECRETAR~?'
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
2
DEC 08 'OB OB:B~PM LJ~ EMGIMEERIMG & SURVEYING? IMC
City of Pearland
In.City MUD Application Checklist
BRAZORIA COUNTY MUNICIPAL UTITLITY DISTRICT NO. 26
December 8, 2003
Attach this sheet as a cover to thc completed information and check each box.
~/~ul]y completed City of Pcarland In-City MUD Data Form.
~Existing Subdivisions Form.
[~Propcsed Subdivi,ions Form.
~Existin$ Non-Residential Businesses Form.
~'Proposed Non-Kcsidential Businesses Form.
viicipated Future Annexations Form.
inity map of the entire City on a 24 x 36 sheet clearly showing location of the existing
in-city MUD (if applicable) and the proposed annexation tract(s) - 12 copies. Show the
existing and proposed zoning (if diffcrcn0for each existing MUD tract and each proposed
tract to be annexed.
~]Detailcd map of each tract (1"-,200' scale) - 12 copies, ~md an AutoCAD drawing file
F.DWG) on CD or 3-1/2" floppy disk (Texas State Plane South Central NAD 83).
ully completed and signed annexation petitions with metes and bounds boundary
descriptions for all tracts - 12 copies.
Consent by the City of Pearland for in-city MUD creations and annexations into existing in-city
MUDs is not final until the adoption on second reading of the creation/annexation ordinance. The
annexation/0reation ordinance will only be considered simultaneously with the first and second
reading~ of the zoning ordinance, if required, for the property under consideration. The applicant
is advised to ~xamine the schedule requirements for the zoning process to ensure timely
consideration of this applioation.
Due to changes in market conditions and other variables, ncithcr thc MUD nor the developer(s)
guarantee any of the projections or estimates provided in this Application,
SHADOW CREEK RANCH DEVELOPMENT
COMPANY LIMITED PARTNERSHIP,
a Nevad~ limited pm%nership
By;
SHADOW CREEK RANCH, INC.,
DEC 08 '~3 04:~lPM LJR EHGIMEERIHG & SURVEYIH~ IHC
City of Pearland
In.Gib/MUD Data Form
MUD # BCMUD No. 21
Date: November 2t~ 2003
General Info~'~tatiort
...2. jprojecle~ Date of Completion of All Homes/Businesses
Existing Proposed
MUD Tract(s)
2012 2012
Existing Propose~
Area MUD Tract(s) Total
3 Total Acreage ls$0,0=.70 'e'93~2 Is2~,34~
4 Currently Pla~ted Residential A~rea~e (including road rights 0f way) 812,742 27.350 ' ' B40.092
5 Gur~tly ~a~d Commercial A~a;e (;n¢l~ ma~ rightt of way} , ~",'~ 0 5,70
~ Cur~nfl~ U~devei~e Acreage ...... ~33.92 32,~0 ~6.72
7 Proje~ Undevelo~d A~ea~e to ~ Platted Res~entlal .... 54.00 23.~ 11.50
8 Proje~d Undevelo~ Acreage to ~ Pla~ed Com~relal ...... 27992 9.30 289.22
9 Currant a~ Pm~ed ~tention & Transmission Utili~ Easements (acme) 335,93 0 336.93
10 All Other A~eaae ~gandsca~;~ Re~es~ Perks, otc) ..... 7~.~ 9462 80907
Note: Lines 7 and B Should total to Line 6.
Lines 4, 5, 6, g, and 10 should total to Line 3~ Line 3 should equal the total aoreage in the MUD or the Proposed Tra~s,
Exieting Proposed
Residential LOt~ MUD Tract(a), Total
11 Total Ex~sting and Planned Residential Lots 2~01 137' 2738
t2 Number of Curre~tl,¥ ¢ompletedtO~pied Homes ......... 179 0
13 Number of Curm~i~ Complet~ Lots .... 1154 0 11
q4 Numar of Lorn Un~r Conatru~i~ ......... 693 0 693
1~ Num~r of Futura Lo~ ~7~ 137 7! 2
Note; Lines 12, 13, ~4, and 15 shoul(J total to Line 1'/
Existing ProDose~
Property Values MUD Tm~(S) Total
16 MO.~t Re'c,~nt I~AD Valuation (Date; January 1, 2003) $ ..... 4a~292,070 ,~ 4~,$50 $ ~73~720
17 Proje~ea T~gl va{ugt~n at Buil~ O~ Date $ 812~783T620~ U,3~3,515 $ 857,~7 135
la Pmjectm Residential Valuaaon at Build Out $ 541,483,920 ~ 38,743,280 $ 6~,~27,20~
19 P~je~ed Com~m~l Valuation at Oui~ Out S 171,299,7~ $ 5,570,335 ~ 17~,869,935
20 E~tim~e~ Avenge HOme Val~ (Date; Janu,~ 1 ...... ) NA NA NA
21 Estim.~ed Average Home Val~ - at BuiM Out $ 2~,730 $ 140,000 ~ ..... 3~,730
Note; Lir~es 16 and 19 sh~dl~ tolal to Line 17
Extstlng ProP~ecl
P~opetbt Tax Revenues MUD Tracff~ Total
Z2 Pm-De~loprnent .G.e.neral F. un~ TaxeS~$.698,'$100 (Date Jun. 1, 2003) $ 336,113 ~ 3~081 $ 339~'.1~,.
23 MostReoentYea~CltyPropertyTaxe${~$.$ge/$100 $ 338,113 $ 3,081 $ 33_g,!.cJ4
24 ProjeotedCi~PtopeC~Taxes~$.696/~t00atBuildOu! $ $~655~g74 , $ 308,422 $ .... 5,98,5~395
2,5 Moal RoDent Year MUD Rebate Amount $ 72~438 , ,~ $ ....... 72,438
,26, Projeoled MUD Rebate Amounl al Build Out $ 1,219,175 . $ $6,470 $ 1.,~8.5 e46
Catoulatlens
I 27 IA~orox. Net Density at Build .0.~.t.- I~..o.~e&'~,¢~, (Line 11/(3.9))
[ .2..8. INet Annual Revenue to City. Current Estimate (Line 23.2,5.22)
L =-~ jNe_t Annual Revenue to Cily. i~uild Out E~limate (Line 24-26-22)
Exlstktg Proposed
MUD Tract(w) Total
2:12 I $ 1,98J $ ,
(72,438)1 $ -
4,101,eSe l S 238,871
W:L.AND~1547~,OOOOWIUDDstaForm - Annexationlll 12t8/2003
City of Pearland
In-City MUD Data Form
MUD # BCMUD No. 26
Date: November 26, 2003
Existing Subdivisions Within Existing MUD
Projected Percent
Subdivision Name Area (Acres) Lots Complete
SF-1 (RECORDED) 11.98 43 100
SF-2 (RECORDED) 18.96 67 100
SF-3 (RECORDED) 21,99 69 100
SF-4 (RECORDED) 10,34 35 100
SF-5 (RECORDED) 18.89 54 100
SF-6 30.93 56 50
SF-7A (RECORDED) 13.01 43 100
SF-TB (RECORDED) 18.91 24 100
SF-8A (RECORDED) 13.03 43 100
SF-8B (RECORDED} 14.31 59 100
SF-9A (RECORDED) 20,89 84 100
SF-9B (RECORDED) 37.49 138 100
SF-10 (RECORDED) 21.44 84 100
SF-11 (RECORDED) 13.60 34 100
SF-12 25.77 80 50
SF-13 (RECORDED) 21.23 61 50
SF-14A (RECORDED) 12.32 56 100
SF-14B (RECORDED) 11.89 53 100
SF-15 (RECORDED) 21.25 85 100
SF-16A (RECORDED) 18.81 92 100
SF-16B (RECORDED) 15.17 67 100
SF-17 20,77 57 50
SF-18A (RECORDED) 10.09 40 100
SF-18B (RECORDED) 15.05 65 100
SF-19 21.76 99 25
SF-20A 15.40 62 25
SF-20B 14.82 60 50
SF-21 15.98 58 50
SF-22 16.25 57 50
SF-23 29,78 103 50
SF-24A 25.30 98 100
SF-24B 13.80 52 0
SF-25 20.46 49 0
SF-26 31.72 153 0
SF-27 20.37 59 0
SF-28 14,96 65 0
SF-29 15.77 60 0
SF-30 27.35 137 0
MF-1 29.20 N/A 0
i MF-7 17.60 N/A 0
MF-8 7.20 N/A 0
W:LAND\1547\0000\MUDDataForm - Annexationlll 11/26/2003
City of Pearland
In-City MUD Data Form
MUD # BCMUD No. 26
Date: November 26, 2003
Proposed Subdivisions Within Annexation Request
Projected Percent
Subdivision Name Area (Acres) Lots Complete
SF-30 33.10 137 0
MF-2 23.50 N/A 0
W:LAND\1547\0000\MUDDataForm - Annexationlll 11/26/2003
City of Pearland
In-City MUD Data Form
MUD # BCMUD No. 26
Date: November 26, 2003
Existing Non-Residential Businesses Within Existing MUD
Business Name Type of Business
C-1 COMMERCIAL - RETAIL, OFFICE,
RESTAURANT
C-2 COMMERCIAL - RETAIL, OFFICE, RESTAURANT
C-3 COMMERCIAL - RETAIL, OFFICE, RESTAURANT
C-4 COMMERCIAL - RETAIL, OFFICE, RESTAURANT
C-5 COMMERCIAL - RETAIL, OFFICE, RESTAURANT
C-17 COMMERCIAL- RETAIL, OFFICE, RESTAURANT
C-18 COMMERCIAL- RETAIL, OFFICE, RESTAURANT
C-19 COMMERCIAL - RETAIL, OFFICE, RESTAURANT
C-20 COMMERCIAL - RETAIL, OFFICE, RESTAURANT
C-21 COMMERCIAL - RETAIL, OFFICE, RESTAURANT
MED-1 HOSPITAL/MEDICAL
MED-2 HOSPITAL/MEDICAL
MED-3 HOSPITAL/MEDICAL
DC-1 DAY CARE
VISITOR'S CENTER VISITOR/INFORMATION CENTER
CH-1 CHURCH
CH-3 CHURCH
CH-4 CHURCH
CH~5 CHURCH
TH-1 TOWNHOMES
SCH-1 SCHOOL
SCH-2 SCHOOL
SCH-3 SCHOOL
.IBRARY
REC-1 NEIGHBORHOOD RECREATION CENTER
REC-2 NEIGHBORHOOD RECREATION CENTER
SNR-1 ASSISTED LIVING/SENIOR HOUSING
SNR-2 ASSISTED LIVING/SENIOR HOUSING
SNR-3 ASSISTED LIVING/SENIOR HOUSING
LIB
W:LAND\1547\0000\MUDDataForm - Annexationlll 11/26/2003
City of Pearland
In-City MUD Data Form
MUD # BCMUD No. 26
Date: November 26, 2003
Proposed Non-Residential Businesses Within Annexation Request
Business Name
C-6
Type of Business
COMMERCIAL - RETAIL, OFFICE, RESTAURANT
W:LAND\1547\0000\MUDDataForm - Annexationlll 11/26/2003
City of Pearland
In-City MUD Data Form
MUD # BCMUD No. 26
Date: November 26, 2003
Anticipated Future Annexation Requests
Projected
General Tract Description Area {Acres) Lots
None at this time.
W:LAND\1547\0000\MUDDataForm - Annexationlll 11/26/2003
PETITION FOR CONSENT TO ANNEX LAND INTO
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 26
EXHIBIT
THE STATE OF TEXAS §
COUNTY OF BRAZORIA §
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS:
The undersigned, duly elected officer of Brazoria County Municipal Utility
District No. 26 (the "District"), and Pearland Investments Limited Partnership, a
Nevada limited partnership (the "Petitioner"), acting pursuant to the provisions of
Chapter 49, Texas Water Code, particularly Sections 49.301(a)-49.301(f), respectfully
petition the City Council of the City of Pearland, Texas, for its written consent to the
annexation by the District of the tract of land described by metes and bounds in Exhibit
"A" (the "Land"). In support of this petition, the undersigned would show the
following:
The District was created on March 18, 2002, and is governed by the provisions of
Chapters 49 and 54, Texas Water Code, as amended.
II.
The Petitioner holds fee simple title to the Land sought to be annexed to the
District, as indicated by the certificate of ownership provided by the Brazoria County
Appraisal District.
III.
The Land is situated wholly within Brazoria County, Texas. No part of the Land
is within the limits of any incorporated city, town or village, and no part of the Land is
within the corporate boundaries (as such term is defined in Texas Local Government
Code Section 42.001 et seq., as amended) of any city, town or village except the City of
Pearland, Texas. All of the territory proposed to be annexed may properly be annexed
into the District.
13457
IV.
The Land is described by metes and bounds in Exhibit "A," which is attached
hereto and incorporated herein for all purposes.
The general nature of the work to be done in the area sought to be annexed into
the District is the construction, acquisition, maintenance and operation of a waterworks
and sanitary sewer system and a drainage and storm sewer system.
VI.
There is, for the following reasons, a necessity for the above-described work. The
Land proposed to be annexed into the District, which will be developed for residential
and/or commercial purposes, is urban in nature, is within the growing environs of the
City of Pearland, Texas, is in close proximity to populous and developed sections of
Brazoria County, and within the immediate future will experience a substantial and
sustained growth. Because the health and welfare of the present and future inhabitants
of the Land and of lands adjacent thereto require the construction, acquisition,
maintenance and operation of an adequate waterworks and sanitary sewer system and
a drainage and storm sewer system, a public necessity exists for the annexation of the
Land into the District, to provide for the purchase, construction, extension,
improvement, maintenance and operation of such waterworks and sanitary sewer
system and such drainage and storm sewer system, so as to promote the purity and
sanitary condition of the State's waters and the public health and welfare of the
community.
VII.
The Petitioner certifies that there are no lienholders on the Land,
VIII.
The District agrees and hereby covenants that if the requested consent to the
annexation of the Land to the District is given, the District will adopt and abide by the
conditions set forth in Exhibit "B," attached hereto and incorporated herein for all
purposes.
IX.
The undersigned estimate that the cost of extending the District's facilities to
serve the Land sought to be annexed will not require the authorization of additional
bonds by the District.
13457 - 2 -
WHEREFORE, the undersigned respectfully pray that this petition be heard and
granted in all respects and that the City of Pearland, Texas, give its written consent to
the annexation of the Land into the District.
[EXECUTION PAGES FOLLOW]
13457 3
RESPECTFULLY SUBMITTED this 2nd day of December, 2003.
BRAZORIA COUNTY MUNICIPAL UTILITY
DISTRICT NO. 26
Lary Lil(ey' [ c,',- ~
President, Boar~ of Dire~ors
ATTEST:
Cristen Cline
Secretary, Board of Directors
(SEAL)...-~ ~....." xw. ............. .<..?~ ,,..,
THE STATE OF TEXAS
COUNTY OF HARRIS
This instrument was acknowledged before me on this 2nd day of December,
2003, by Lary Lilley, as President, and Cristen Cline, as Secretary, of the Board of
Directors of Brazoria County Municipal Utility District No. 26, a political subdivision of
the State of Texas, on behalf of said political subdivision.
RY PUBLIC, STATE OF TEXAS
~~ MAY 8, 2004
Notary Public, State of Texas
(NOTARY SEAL)
13457 - 4 -
PEARLAND INVESTMENTS LIMITED
PARTNERSHIP, a Nevada limited partnership
By:
M.M.L.B. CORPORATION, its general
partner
By:
M. M. Collins, President
THE STATE OF NEVADA §
COUNTY OF CLARK §
This instrument was acknowledged before me on the 2nd day of December, 2003,
by M. M. Collins, President of M.M.L.B. CORPORATION, general partner of
PEARLAND INVESTMENTS LIMITED PARTNERSHIP, a Nevada limited partnership,
on behalf of said limited partnership.
(NOTARY SEAL)
Notary Public, State of Nevada
County of Clark
MARIE E~tNE ROCK
July 23, 20O5
13457 - 5 -
CERTIFICATE
THE STATE OF TEXAS §
COUNTY OF BRAZORIA §
I, the undersigned Secretary of the Board of Directors of Brazoria County
Municipal Utility District No. 26, do hereby certify that the attached and foregoing is a
true and correct copy of the Petition For Consent To Annex Land Into Brazoria County
Municipal Utility District No. 26 into said District that was filed with the Board of
Directors of the District on December 2, 2003.
WITNESS MY HAND AND SEAL OF SAID DISTRICT this 2nd day of
December, 2003.
(SEAL)
Cristen Cline
Secretary, Board of Directors
13457 - 6 -
EXHIBIT A
lqovembsr 126, 2003
lob No, 1547-2g10-070
DESCRIPTION OF
64,617 ACP~S
PROPOSED ANI~XATION TRACT NO. 1
BRAZORIA COUNTY MUNICIPAL UTILITY DISTP, ICT NO. 26
Being 64.617 acres of Lend located in the It.T. & B.P,.iV.. Co. gu.way, Section 82, Abstr~ ~6~, Btezorin
CounU, Texas, more particularly being n portion of that certain called 65.11~7 acre tract of land conveyed to
Pentland Inves~nenta Lhulted Partnership by instrument of record under l~ilc No. 99-016817, Official ltcccrds,
Brazoria County, Texas (B.C.O.IL), said 64,617 acres being more particularly described by metes and bou, dl as
follows (ail hearings referenced to the Texas State Plane Coordinate System, South Central Zone);
BtiOINNING at the southeast comer of aforementioned 65.187 acres, same being on the common line of
tho H.T. & B.R.R, Co, Survey, Section 80, Abs~ct $64, Brazorie County, Texas and aforementioned H,T, &
B.R..P.. Co. Survey, Section 82, also being on the centerllne of County Road 5)o- (40 fat wide);
Thence, with the south line of said 65.187 acres and enid common survey line, South 86' 46' 15" West,
2640.30 feet to a point for corner, ~me being the southwest comer of said 65.187 acres, being the oo~ranon west
comer of said H.T. & B.P.,.I~ Co. Survey, Section 80 and the It.T. & B.i~.P,. Co. Survey, Section 81l, also bein~ the
eoutheas! comer of the II.T. & B.R..R. Co. Survey, Section 83, Abstract ]05, Brazotia County, Texas and th~
northeast comer of the H.T. & B.R..I~ Co. Survey, Section 84, Abstra~ 5~8, Brazoria County, Texa~;
Thence, with the west line of said 65.187 acres and the common line of said H.T. & B.F,.R.. Cc. Surwy,
Section 82 and said H.T. & B.P.,.R. Co. Survey, Section [~, North 03' 12' 38" West, 268.21 feet to a point for corner
on the arc cfa curve;
Thence, lanvin8 said wes! line and said common survey line, 32~.00 feet along the arc of a non-tear, It
curve to the rt~t ha,,4~ a radius of 3000.00 feet, a central angle of 0G' 12' 2~" .and e chord that bears North 00" 18'
30" l~ast, 324,$4 fee~ to a point for comer;
Thence, North 03' 24' 45" I~ast, 1S0.00 feet to a point for comer, the beginning cfa cuzvel
The~e, 34~.01 fee~ along the arc of a ~gent curve to the Icfl having a radius of 5000.00 feet, n central
antic of 03' 57' 13" end a chord that beers North 01' 26' 07" Bast, 344,95 feet to a point for comer oll the north ~
of aforeraenticnnd 65.187 acrcsl
Page 1 of 2
64,517 Acres
November 26, 200:3
.Tnb No. 1547-2610-070
Thence, with the north linc of said 65.1 g'/acr~, North g?' [ !' 58" East, 2573.24 feet to a point for comet,
same being the northeast comer of said 63.187 acres;
Thence, with the assr line of s~d 65.187 acres, South 03' 18' 56" East, 1066,00 £e~t to the PO~I'T O1~
I~I~O~NG and containing 54.617 seres of land.
"This document was prepared under 22 TAC § 663.21, does nnt re/les; +,he reiult~ e£ an on the ground
survey, and is not to be used to ooavey or establish interests in real property except those ri~,hl~ and
interests implied or established by the ~reattnn or r~contiguralion et' the botmdnry of the political
subdivision for which it was prepared'
L~A F. ttgi~e...rins & Surveyins,
Pa~e 2 of 2
EXHIBIT "B"
(a) The City of Pearland, Texas (the "City"), by execution of its City Manager,
and the developer on behalf of the District have entered into and executed a utility
agreement that specifies the terms and conditions for providing water and sewage
treatment services to the District (the "Utility Agreement"). The District shall assume
all the rights, obligations, and interests of the developers under the Utility Agreement,
as set forth therein.
(b) The District may issue bonds, including refunding bonds, for any
purposes authorized by law, including but not limited to, purchasing, refinancing,
designing and constructing, or otherwise acquiring waterworks systems, sanitary sewer
systems, storm sewer systems, and drainage facilities, or parts of such systems or
facilities, and to make any and all necessary purchases, constructions, improvements,
extensions, additions, and repairs thereto, and to purchase or acquire all necessary land,
right-of-way, easements, sites, equipment, buildings, plants, structures, and facilities
therefor, and to operate and maintain same, and to sell water, sanitary sewer, and other
services within or without the boundaries of the District. Such bonds must Provide that
the District reserves the right to redeem said bonds on any date subsequent to the
fifteenth (15th) anniversary of the date of issuance (or any earlier date at the discretion
of the District) without premium, and none of such bonds, other than refunding bonds,
will be sold for less than 95% of par; provided that the net effective interest rate on
bonds so sold, taking into account any discount or premium as well as the interest rate
borne by such bonds, will not exceed two percent (2%) above the highest average
interest rate reported by the Daily Bond Buyer in its weekly "20 Bond Index" during the
one-month period next preceding the date of the sale of such bonds. The resolution
authorizing the issuance of the District's bonds will contain a provision that the pledge
of any revenues from the operation of the District's water and sewer and/or drainage
system to the payment of the District's bonds will terminate when and if the City
annexes the District, takes over the assets of the District, and assumes all of the
obligations of the District.
(c) Before the commencement of any construction within the District, its
directors, officers, or developers and landowners will submit to the City, or to its
designated representative, all plans and specifications for the construction of water,
sanitary sewer and drainage facilities to serve the District and obtain the approval of
such plans and specifications therefrom. All water wells, water meters, flushing valves,
valves, pipes, and appurtenances thereto, installed or used within the District, will
conform to the specifications of the City. All water service lines and sewer service lines,
lift stations, and appurtenances thereto, installed or used within the District will comply
with the City's standard plans and specifications as amended from time to time. Prior
to the construction of such facilities within or by the District, the District or its engineer
will give written notice by registered or certified mail to the City, stating the date that
13457 - 7 -
such construction will be commenced. The construction of the District's water, sanitary
sewer, and drainage facilities will be in accordance with the approved plans and
specifications and with applicable standards and specifications of the City; and during
the progress of the construction and installation of such facilities, the City may make
periodic on-the-ground inspections.
(d) Prior to the sale of any lot or parcel of land, the owner or the developer of
the land included within the limits of the District will obtain the approval of the
Planning and Zoning Commission of the City of a plat which will be duly recorded in
the Official Records of Brazoria County, Texas, and otherwise comply with the rules
and regulations of the Engineering Department and the Department of Public Works of
the City of Pearland.
13457 - 8 -
PETITION FOR CONSENT TO ANNEX LAND INTO
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 26
THE STATE OF TEXAS §
§
COUNTY OF BRAZORIA §
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS:
The undersigned, duly elected officer of Brazoria County Municipal Utility
District No. 26 (the "District"), and Shadow Creek Ranch Development Company
Limited Partnership, a Nevada limited partnership (the "Petitioner"), acting pursuant to
the provisions of Chapter49, Texas Water Code, particularly Sections 49.301(a)-
49.301(f), respectfully petition the City Council of the City of Pearland, Texas, for its
written consent to the annexation by the District of the tracts of land described by metes
and bounds in Exhibit "A" (the "Land"). In support of this petition, the undersigned
would show the following:
The District was created on March 18, 2002, and is governed by the provisions of
Chapters 49 and 54, Texas Water Code, as amended.
II.
The Petitioner holds fee simple title to the Land sought to be annexed to the
District, as indicated by the certificate of ownership provided by the Brazoria County
Appraisal District.
III.
The Land is situated wholly within Brazoria County, Texas. No part of the Land
is within the limits of any incorporated city, town or village, and no part of the Land is
within the corporate boundaries (as such term is defined in Texas Local Government
Code Section 42.001 et seq., as amended) of any city, town or village except the City of
Pearland, Texas. All of the territory proposed to be annexed may properly be annexed
into the District.
13692
IV.
The Land is described by metes and bounds in Exhibit "A," which is attached
hereto and incorporated herein for all purposes.
Mo
The general nature of the work to be done in the area sought to be annexed into
the District is the construction, acquisition, maintenance and operation of a waterworks
and sanitary sewer system and a drainage and storm sewer system.
VI.
There is, for the following reasons, a necessity for the above-described work. The
Land proposed to be annexed into the District, which will be developed for residential
and/or commercial purposes, is urban in nature, is within the growing environs of the
City of Pearland, Texas, is in close proximity to populous and developed sections of
Brazoria County, and within the immediate future will experience a subStantial and
sustained growth. Because the health and welfare of the present and future inhabitants
of the Land and of lands adjacent thereto require the construction, acquisition,
maintenance and operation of an adequate waterworks and sanitary sewer system and
a drainage and storm sewer system, a public necessity exists for the annexation of the
Land into the District, to provide for the purchase, construction, extension,
improvement, maintenance and operation of such waterworks and sanitary sewer
system and such drainage and storm sewer system, so as to promote the purity and
sanitary condition of the State's waters and the public health and welfare of the
community.
VII.
The Petitioner certifies that there are no lienholders on the Land.
VIII.
The District agrees and hereby covenants that if the requested consent to the
annexation of the Land to the District is given, the District will adopt and abide by the
conditions set forth in Exhibit "B," attached hereto and incorporated herein for all
purposes.
13692 2
IX.
The undersigned estimate, due to the small size and location of the Land, that the
cost of extending the District's facilities to serve the Land sought to be annexed will be
negligible and will not require the authorization of additional bonds by the District.
WHEREFORE, the undersigned respectfully pray that this petition be heard and
granted in all respects and that the City of Pearland, Texas, give its written consent to
the annexation of the Land into the District.
[EXECUTION PAGES FOLLOW]
13692 - 3 -
RESPECTFULLY SUBMITTED this 2nd day of December, 2003.
BRAZORIA COUNTY MUNICIPAL UTILITY
DISTRICT NO. 26
Lary nilley~~ -.~_d'~
President, Boar/:l of~irec~ors
ATTEST:
Cristen Cline
Secretary, Board of Directors
· O~A~Ii HtlI~
4' O,('tx ....... · ~.'/d,',
(SEAL) ~' ~,.. 'Y;2 %
'O' r'.;, '- ..' O,7' .':::
% <" ...' ..... .;' ....~.-
THE STATE OF TEXAS
COUNTY OF HARRIS
This instrument was acknowledged before me on this 2nd day of December,
2003, by Lary Lilley, as President, and Cristen Cline, as Secretary, of the Board of
Directors of Brazoria County Municipal Utility District No. 26, a political subdivision of
the State of Texas, on behalf of said political subdivision.
13692 - 4 -
Notary Public, State o{'~exas -
SHADOW CREEK RANCH DEVELOPMENT
COMPANY LIMITED PARTNERSHIP, a Nevada
limited partnership
By: SHADOW CREEK RANCH, INC., a
Nevada corporation its general partner
~ary~/~ook, President
THE STATE OF NEVADA §
COUNTY OF CLARK §
This instrument was acknowledged before me on the 2nd day of December, 2003,
by Gary W. Cook, President of SHADOW CREEK RANCH, INC., a Nevada
corporation, as general partner of SHADOW CREEK RANCH DEVELOPMENT
COMPANY LIMITED PARTNERSHIP, a Nevada limited partnership, on behalf of said
limited partnership and said corporation.
Notary Public, State of Nevada
(NOTARY SEAL)
;~'~-~'Notary Public - State o~ N~3vada~
MARIE E~INE ROCK
My ~~t Expires
13692 - 5 -
CERTIFICATE
THE STATE OF TEXAS §
COUNTY OF BRAZORIA §
I, the undersigned Secretary of the Board of Directors of Brazoria County
Municipal Utility District No. 26, do hereby certify that the attached and foregoing is a
true and correct copy of the Petition For Consent To Annex Land Into Brazoria County
Municipal Utility District No. 26 into said District that was filed with the Board of
Directors of the District on December 2, 2003.
WITNESS MY HAND AND SEAL OF SAID DISTRICT this 2nd day of
December, 2003.
(SEAL)
Cristen Cline
Secretary, Board of Directors
13692 - 6 -
EXHIBIT A
November 26, 2003
~lob No. 154%2610.070
DESCRIPTION OF
1.396 ACAB,~
P~.OPOSED ANNEXATION TRA~ NO. 2
BR.AZO~ COUNTY MUNICIPAL UTILITY DISTRICT NO. 25
Being 1.395 acres of land located in the S. O. Haynie Survey, Abstraot 212 and the T,C,R.R. Co. Sup;ay,
Section 3, Abstract 5'/8, Brazo~ County, Texas, more particularly being a portion of the~ cemin ;stied 2.S6 acre
tre;t of land (described es Tract 2) conveyed to Shadow Creek Ranch Development Company Limited Partnership
by instrument of record under File No. 93.054!}97, O~eial Records, Brezoria Count/, Texas (B.C,O,R,), said 1.395
acres being more particularly described by m~tes and bounds as follows (ail bee.-ings refcrenoed m the Texas State
Plane Coordi~e System, South Cenu'al Zone);
BE(~INN~G et the southeast comer of said 2,56 acre tnt;t;
Thence, with tho south line ofsald 2.$5 acre tract, South 85" 23' 31" West, 8S7,97 feet Io a point for comer,
same being thc southw~t comer of said 2,56 acres~
Thence, wilh thc west line of said 2.56 acres, North 03' 20' 20" West, 71.44 feet to a point for comer~
The. ncc, leaving said west line, North 86' :~7' 47" ]~est, 8S7.53 feet to a point for comer on the ,.est line of
said 2.55 am-es;
Thence, with the east linc of said 2.56 acres, South 03' 41' 21" Bast, ?0,~S feet to the PO]IN'T OP
BEG]~rNING and containing 1,395 acres of land.
"This document was prepared under 22 TAC § 663.21, does not reflect the results of an on the ~rotllld
survey, and is not to be used to convey or estabUsh interests in real pmp~ ex.pt those rights and
intercst~ implied or omblished by the creation or reconfiguratloa of the boundap/of the political
subdivision for which it wa~ prepared"
Page I of I
LIA P,n$1necring & Surveyi.u~, Inc.
November 26, 2003
Job No. 1~47-2610-070
DESCRIPTION O1~
3.299 A¢I~$
PItO?OSBD A.NNIiXATION TRA~ NO, $
BR.AZO~A COIYNTY MUNICIPAL UTILITY DISTRICT NO. 26
Being 3.1199 acres of land located in the T,C,P,..R. Co. Survey, Section 3, Abstract 6?8, Brezoria County,
Texas, more particularly being all of that certain called $.31 acre t~act (described as Tract 1) conveyed to Shadow
Creek Ranch Dcvelopm~tt Company Limited Partnership by instniment of record under File Bio, 03-064997,
Official P, ccords, Brazorla Counw, Texas (B,C,O,I~,), said 3.299 acres being mo~ particularly described by metes
and bounds as follows (all bearings referenced to the Texas State Plane Coordinale System, South Central Zone);
BEGINNINO at thc southeast comer of aforementioned 3.31 acre tract, sam~ being on the common line of
the T.C.P...tL Co, Survey, Section 4, Abstract 6?$, .Brezoria County, Texas and aforementioned T,C~,.R. Co.
Survey, Section 3;
Thence, with the south line of said 3.31 acre tract, South 86' 39' 20" West, 1026.77 feat to a point fbr
comer, same being the southwest comer'ofsaid 3.31 acre~;
Thence, with the west line of said 3,31 acre t~act, Nor& 03" 09' 36" West, 140.00 feet to a point for corner
on the common line of thc Obadiah Pitts Survey, Abstract 717, Brazoria Count% Texas and aforementioned
T.C.ILR. Co. SurveT, Section 3, same beh~g the worthwest com~ of said 3.31 acre tractl
Thence, with the north line of said 3,31 acre tract and said common survey line, North 86' 39' 20" Ilui,
10116.43 fast to a point for corner, same being the northeast comer of said 3.31 acre l~act, the northeast comer of said
T.C.ILR. Co, Survey, Scotlon 3 a~d the most westerly ncrthwes! corner of aforementioned T.C.R.R. Co. Survey,
Section 4;
Thence, with the east line of said $,31 acre tracl and the common line of said T.C.ILI~ Co, Survey, Section
3 and said T.C.1LR. Co. Survey, Section 4, South 0~° 18' 06" Ba~, 140,00 feet to the POINT ON BI~O~(} and
containing 3.299 acres of land.
"This docmnent was prepared under 21l TAC § 663,21, do~s not reflect the results of an on the ~ound
survey, and is not to be used to convey or establish interest~ in real property e~ept d~oae rights and
intere~s implied or embliahed by the creation or reconfiguration of the boundar~ of die polltioal
dlvlalon for which it was prepared"
_K~!TH W.
~A ~eertn~ & Surveying, Inc.
Page
EXHIBIT "B"
(a) The City of Pearland, Texas (the "City"), by execution of its City Manager,
and the developer on behalf of the District have entered into and executed a utility
agreement that specifies the terms and conditions for providing water and sewage
treatment services to the District (the "Utility Agreement"). The District shall assume
all the rights, obligations, and interests of the developers under the Utility Agreement,
as set forth therein.
(b) The District may issUe bonds, including refunding bonds, for any
purposes authorized by law, including but not limited to, purchasing, refinancing,
designing and constructing, or otherwise acquiring waterworks systems, sanitary sewer
systems, storm sewer systems, and drainage facilities, or parts of such systems or
facilities, and to make any and all necessary purchases, constructions, improvements,
extensions, additions, and repairs thereto, and to purchase or acquire all necessary land,
right-of-way, easements, sites, equipment, buildings, plants, structures, and facilities
therefor, and to operate and maintain same, and to sell water, sanitary sewer, and other
services within or without the boundaries of the District. Such bonds must provide that
the District reserves the right to redeem said bonds on any date subsequent to the
fifteenth (15th) anniversary of the date of issuance (or any earlier date at the discretion
of the District) without premium, and none of such bonds, other than refunding bonds,
will be sold for less than 95% of par; provided that the net effective interest rate on
bonds so sold, taking into account any discount or premium as well as the interest rate
borne by such bonds, will not exceed two percent (2%) above the highest average
interest rate reported by the Daily Bond Buyer in its weekly "20 Bond Index" during the
one-month period next preceding the date of the sale of such bonds, The resolution
authorizing the issuance of the District's bonds will contain a provision that the pledge
of any revenues from the operation of the District's water and sewer and/or drainage
system to the payment of the District's bonds will terminate when and if the City
annexes the District, takes over the assets of the District, and assumes all of the
obligations of the District.
(c) Before the commencement of any construction within the District, its
directors, officers, or developers and landowners will submit to the City, or to its
designated representative, all plans and specifications for the construction of water,
sanitary sewer and drainage facilities to serve the District and obtain the approval of
such plans and specifications therefrom. All water wells, water meters, flushing valves,
valves, pipes, and appurtenances thereto, installed or used within the District, will
conform to the specifications of the City. All water service lines and sewer service lines,
lift stations, and appurtenances thereto, installed or used within the District will comply
with the City's standard plans and specifications as amended from time to time. Prior
to the construction of such facilities within or by the District, the District or its engineer
will give written notice by registered or certified mail to the City, stating the date that
13692 - 7 -
such construction will be commenced. The construction of the District's water, sanitary
sewer, and drainage facilities will be in accordance with the approved plans and
specifications and with applicable standards and specifications of the City; and during
the progress of the construction and installation of such facilities, the City may make
periodic on-the-ground inspections.
(d) Prior to the sale of any lot or parcel of land, the owner or the developer of
the land included within the limits of the District will obtain the approval of the
Planning and Zoning Commission of the City of a plat which will be duly recorded in
the Official Records of Brazoria County, Texas, and otherwise comply with the rules
and regulations of the Engineering Department and the Department of Public Works of
the City of Pearland.
13692 - 8 -
November 26, 2003
Job No. 1547-2610-070
DESCRIPTION OF
64.617 ACRES
PROPOSED ANNEXATION TRACT NO. 1
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 26
Being 64.617 acres of land located in the H.T. & B.K.R. Co. Survey, Section 82, Abstract 565, Brazoria
County, Texas, more particularly being a portion of that certain called 65.187 acre tract of land conveyed to
Pearland Investments Limited Partnership by instrument of record under File No. 99-016817, Official Records,
Brazoria County, Texas (B.C.O.R.), said 64.617 acres being more particularly described by metes and bounds as
follows (all bearings referenced to the Texas State Plane Coordinate System, South Central Zone);
BEGINNING at the southeast comer of aforementioned 65.187 acres, same being on the common line of
the H.T. & B.R.R. Co. Survey, Section 80, Abstract 564, Brazoria County, Texas and aforementioned H.T. &
B.R.R. Co. Survey, Section 82, also being on the centerline of County Road 92 (40 feet wide);
Thence, with the south line of said 65.187 acres and said common survey line, South 86' 46' 15" West,
2640.30 feet to a point for comer, same being the southwest comer of said 65.187 acres, being the common west
comer of said H.T. & B.R.R. Co. Survey, Section 80 and the H.T. & B.R.R. Co. Survey, Section 82, also being the
southeast comer of the H.T. & B.R.R. Co. Survey, Section 83, Abstract 305, Brazoria County, Texas and the
northeast comer of the H.T. & B.R.R. Co. Survey, Section 84, Abstract 538, Brazoria County, Texas;
Thence, with the west line of said 65.187 acres and the common line of said H.T. & B.R.R. Co. Survey,
Section 82 and said H.T. & B.R.R. Co. Survey, Section 83, North 03' 12' 38" West, 268.21 feet to a point for comer
on the arc of a curve;
Thence, leaving said west line and said common survey line, 325.00 feet along the arc of a non-tangent
curve to the right having a radius of 3000.00 feet, a central angle of 06° 12' 26" and a chord that bears North 00° 18'
30" East, 324.84 feet to a point for comer;
Thence, North 03° 24' 43" East, 150.00 feet to a point for comer, the beginning ora curve;
Thence, 345.02 feet along the arc of a tangent curve to the left having a radius of 5000.00 feet, a central
angle of 03° 57' 13" and a chord that bears North 01° 26' 07" East, 344.95 feet to a point for comer on the north line
of aforementioned 65.187 acres;
Page 1 of 2
64.617 Acres
November 26, 2003
Job No. 1547-2610-070
Thence, with the north line of said 65.187 acres, North 87° I 1' 58" East, 2573.24 feet to a point for comer,
same being the northeast comer of said 65.187 acres;
Thence, with the east line of said 65.187 acres, South 030 18' 56" East, 1066.00 feet to the POINT OF
BEGINNING and containing 64.617 acres of land.
"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 fights and
interests implied or established by the creation or reconfiguration of the boundary of the political
subdivision for which it was prepared"
LJA Engineering & Surveying, Inc.
Page 2 of 2
November 26, 2003
Job No. 1547-2610-070
DESCRIPTION OF
1.396 ACRES
PROPOSED ANNEXATION TRACT NO. 2
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 26
Being 1.396 acres of land located in the S. G. Haynie Survey, Abstract 212 and the T.C.R.R. Co. Survey,
Section 3, Abstract 678, Brazoria County, Texas, more particularly being a portion of that certain called 2.56 acre
tract of land (described as Tract 2) conveyed to Shadow Creek Ranch Development Company Limited Parmership
by instrument of record under File No. 93-064997, Official Records, Brazoria County, Texas (B.C.O.R.), said 1.396
acres being more particularly described by metes and bounds as follows (all bearings referenced to the Texas State
Plane Coordinate System, South Central Zone);
BEGINNING at the southeast comer of said 2.56 acre tract;
Thence, with the south line of said 2.56 acre tract, South 86° 23' 31" West, 857.97 feet to a point for comer,
same being the southwest comer of said 2.56 acres;
Thence, with the west line of said 2.56 acres, North 03' 20' 20" West, 71.44 feet to a point for comer;
Thence, leaving said west line, North 86° 27' 47" East, 857.53 feet to a point for comer on the east line of
said 2.56 acres;
Thence, with the east line of said 2.56 acres, South 03' 41' 21" East, 70.38 feet to the POINT OF
BEGINNING and containing 1.396 acres of land.
"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"
Page I of 1
LJA Engineering & Surveying, Inc.
November 26, 2003
Job No. 1547-2610-070
DESCRIPTION OF
3.299 ACRES
PROPOSED ANNEXATION TRACT NO. 3
BRAZORIA COUNTY MLrNICIPAL UTILITY DISTRICT NO. 26
Being 3.299 acres of land located in the T.C.R.R. Co. Survey, Section 3, Abstract 678, Brazoria County,
Texas, more particularly being all of that certain called 3.31 acre tract (described as Tract 1) conveyed to Shadow
Creek Ranch Development Company Limited Parmership by instrument of record under File No. 03-064997,
Official Records, Brazoria County, Texas (B.C.O.R.), said 3.299 acres being more particularly described by metes
and bounds as follows (all bearings referenced to the Texas State Plane Coordinate System, South Central Zone);
BEGINNING at the southeast comer of aforementioned 3.31 acre tract, same being on the common line of
the T.C.R.R. Co. Survey, Section 4, Abstract 675, Brazoria County, Texas and aforementioned T.C.R.R. Co.
Survey, Section 3;
Thence, with the south line of said 3.31 acre tract, South 86' 39' 20" West, 1026.77 feet to a point for
comer, same being the southwest comer of said 3.31 acres;
Thence, with the west line of said 3.31 acre tract, North 03° 09' 36" West, 140.00 feet to a point for comer
on the common line of the Obediah Pitts Survey, Abstract 717, Brazoria County, Texas and aforementioned
T.C.R.R. Co. Survey, Section 3, same being the northwest comer of said 3.31 acre tract;
Thence, with the north line of said 3.31 acre tract and said common survey line, North 86' 39' 20" East,
1026.43 feet to a point for comer, same being the northeast comer of said 3.31 acre tract, the northeast comer of said
T.C.R.R. Co. Survey, Section 3 and the most westerly northwest comer of aforementioned T.C.R.R. Co. Survey,
Section 4;
Thence, with the east line of said 3.31 acre tract and the common line of said T.C.R.R. Co. Survey, Section
3 and said T.C.R.R. Co. Survey, Section 4, South 03' 18' 06" East, 140.00 feet to the POINT OF BEGINNING and
containing 3.299 acres of land.
"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 fights and
interests implied or established by the creation or reconfiguration of the boundary of the political
h it was prepared"
LJA Engineering & Surveying, Inc.
Page 1 of 1
O;~.~.AND\I 547M $47-2610~3~299a~&b.d~
November 26, 2003
Job No. 1547o2610-070
DESCRIPTION OF
1629.349 ACRES
REVISED BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 26 BOUNDARY
Being 1629.349 acres of land located in the William Morris Survey, Abstract No. 344, T.C.R.R. Co.
Survey, Section 3, Abstract No. 678, T.C.R.R. Co. Survey, Section 4, Abstract No. 675, Obediah Pitts Survey,
Abstract No. 717, H.T. & B.R.R. Co. Survey, Section 82, Abstract No. 565, and the S.G. Haynie Survey, Abstract
212, all Brazoria County, Texas, said 1629.349 acres being more particularly described in two (2) p .arts by metes
and bounds as follows (all bearings referenced to the Texas State Plane Coordinate System, South Central Zone);
P~TO~
BEGINNING at the southeast comer of that certain called 48-acre tract conveyed to Peafland Investments
Limited Partnership by instrument of record under File No. 98-050039, Official Records, Brazoria County, Texas
(B.C.O.R.), same being on the common line of aforementioned T.C.K.R. Co. Survey, Section 4 and the H.T. &
B.R.1L Co. Survey, Section 81, Abstract No. 300, Brazoria County, Texas, also being on the centerline of County
Road 92 (40 feet wide);
Thence, with the centerline of said County Road 92, South 86° 46' 15" West, at 1808.21 feet pass the
common south comer of aforementioned T.C.R.R. Co. Survey, Section 3 and the H.T. & B.R.R. Co. Survey, Section
82, continuing in all a distance of 7093.31 feet to a point for comer, same being the southwest comer of that certain
called 65.187 acre tract conveyed to Pearland Investments Limited Partnership by instrument of record under File
No. 99-016817 of said B.C.O.R., being the common west comer of the H.T. & B.R.R. Co. Survey, Section 80,
Abstract 564, Brazoria County, Texas and said H.T. & B.R.R. Co. Survey, Section 82, also being the southeast
comer of the H.T. & B.R.R. Co. Survey, Section 83, Abstract 305, Brazoria County, Texas and the northeast comer
of the H.T. & B.R.R. Co. Survey, Section 84, Abstract 538, Brazoria County, Texas;
Thence, with the west line of said 65.187 acres and the common line of said H.T. & B.R.R. Co. Survey,
Section 82 and said H.T. & B.R.R. Co. Survey, Section 83, North 03° 12' 38" West, 268.21 feet to a point for comer
on the arc of a curve;
Thence, leaving said west line and said common line, 325.00 feet along the arc of a non-tangent curve to
the right having a radius of 3000.00 feet, a central angle of 06' 12' 26" and a chord that bears North 00' 18' 30"
East, 324.84 feet to a point for comer;
Page 1 of 10
1629.349 Acres
November 26, 2003
Job No. 1547-2610-070
Thence, North 03° 24' 43" East, 150.00 feet to a point for comer, the beginning ora curve;
Thence, 1095.99 feet along the arc of a tangent curve to the left having a radius of 5000.00 feet, a central
angle of 12° 33' 33" and a chord that bears North 02° 52' 03" West, 1093.79 feet to a point for comer;
Thence, North 09° 08' 50" West, 423.39 feet to a point for comer on the common line of aforementioned
H.T. & B.R.R. Co. Survey, Section 82 and the H.T. & B.R.R. Co. Survey, Section 83;
Thence, with said common survey line, North 03' 12' 38' West, 779.12 feet to a point for comer, the
beginning of a curve;
Thence, leaving said common survey line, 389.57 feet along the arc of a non-tangent curve to the fight
having a radius of 2000.00 feet, a central angle of 11' 09' 37" and a chord that bears North 12° 45' 09" East, 388.95
feet to a point for comer;
Thence, North 18° 19' 58" East, 394.87 feet to a point for comer, the beginning of a curve;
Thence, 1456.60 feet along the arc of a tangent curve to the left having a radius of 2000.00 feet, a central
angle of 41' 43' 42" and a chord that bears North 02° 31' 53" West, 1424.62 feet to a point for comer;
Thence, North 23° 23' 45" West, 272.67 feet to a point for comer, the beginning of a curve;
Thence, 855.89 feet along the arc of a tangent curve to the fight having a radius of 2000.00 feet, a central
angle of 24° 31' 10" and a chord that bears North I 1' 08' 09" West, 849.38 feet to a point for comer;
Thence, North 01° 07' 26" East, at 1543.05 feet pass the southerly right-of-way line of F.M. 2234 (width
varies), at 1763.98 feet pass the northerly right-of-way line of F.M. 2234 and continue in all, a distance of 3938.32
feet to a point for comer on the centerline of Clear Creek, same being on a common line of Brazoria County and
Harris County;
Thence, with the common line of Harris County and Brazoria County and with the centerline meanders of
Clear Creek, the following ten (10) courses:
1) South 68' 13' 05" East, 4.15 feet to a point for comer;
Page 2 of 10
1629.349 Acres November 26, 2003
Job No. 1547-2610-070
2)
South 48' 21' 54" East, 49.15 feet to a point for comer;
3) South 65' 33' 26" East, 140.39 feet to a point for comer;
4) South 63' 15' 24" East, 163.95 feet to a point for comer;
5) South 84° 38' 34" East, 305.44 feet to a point for comer;
6) North 83° 23' 06" East, 213.75 feet to a point for comer;
7) North 55° 56' 12" East, 131.39 feet to apoint for comer;
8) North 39' 42' 01" East, 145.04 feet to a point for comer;
9) North 88° 30' 35" East, 150.90 feet to a point for comer;
10)
South 86° 48' 29" East, 143.91 feet to a point for comer on the common line of aforementioned
S.G. Haynie Survey and aforementioned Obediah Pitts Survey;
Thence, leaving said centerline and said common county line, with said common survey line, South 03' 20'
37" East, 1084.76 feet to a point for comer, same being the southwest comer of said Obediah Pitts Survey;
Thence, with the south line of said Obediah Pitts Survey, with a northerly line of said S.G. Haynie Survey
and with the north line of aforementioned T.C.R.R. Co. Survey, Section 3, North 86° 24' 53" East, 660.00 feet to a
point for comer;
Thence, leaving said northerly and southerly survey lines, North 03' 20' 37" West, 958.26 feet to a point
for comer on the aforementioned centerline of Clear Creek and the aforementioned common line of Brazoria County
and Harris County;
Thence, with said common line of Harris County and Brazoria County and with the centerline meanders of
Clear Creek, the following thirteen (13) courses;
1) South 83' 11' 37" East, 74.14 feet to a point for comer;
Page 3 of 10
1629.349 Acres
2)
South 73° 03' 13" East, 270.25 feet to a point for comer;
November 26, 2003
Job No. 1547-2610-070
3) South 84° 47' 21" East, 64.31 feet to a point for comer;
4) North 74° 24' 23" East, 50.30 feet to a point for comer;
5) North 61' 57' 44" East, t 16.91 feet to a point for comer;
6) North 86' 25' 07" East, 192.74 feet to a point for comer;
7) South 80° 08' 58" East, 137.51 feet to a point for comer;
8) South 61' 07' 06" East, 179.77 feet to a point for comer;
9) South 73' 54' 54" East, 220.86 feet to a point for comer;
10) South 83° 46' 28" East, 167.44 feet to a point for comer;
1 I) North 82° 50' 33" East, 205.26 feet to a point for comer;
12) South 84' 14' 08" East, 182.41 feet to a point for comer;
13)
South 57' 49' 47" East, 245.82 feet to a point for comer, same being the northwest comer of Lot
10, Block P of Allison-Richey Gulf Coast Home Co's Part of Suburban Gardens, a subdivision of
record in Volume 2, Page 99, Plat Records, Brazoria County, Texas (B.C.P.R.);
Thence, leaving said centerline and said common county line, with the west line of said Lot 10, South 03°
09' 36" East, 506.87 feet to a point for comer on the common line of aforementioned Obediah Pitts Survey and T. C.
R. R. Co. Survey, Section 3, same being the southwest comer of said Lot 10;
Thence, with said common survey line and the south line of said Lot 10, North 86' 22' 52" East, 485.00
feet to a point for comer;
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1629.349 Acres
November 26, 2003
Job No. 1547-2610-070
Thence, leaving said common survey line and said south line, North 03' 09' 36" West, 482.48 feet to a
point for comer on the aforementioned centerline of Clear Creek and the common line of Brazoria County and
Harris County;
Thence, with the centerline meanders of Clear Creek and said common line of Harris County and Brazoria
County, the following three (3) courses;
1) North 77° 35' 52" East, 36.39 feet to a point for comer;
2) North 85* 25' 07" East, 400.22 feet to a point for comer;
3)
North 88' 38' 24" East, 69.01 feet to a point for comer on the west line of that certain called 0.852
acre tract conveyed to Brazoria County Drainage District No. 4 by instrument of record in Volume
(89) 707, Page 96 of said B. C. O. R.;
Thence, leaving said centerline and said common county line, with said west line, South 03' 09' 36" East,
492.14 feet to a point for comer on the north line of that certain called 3.31 acre tract (described as Tract 1)
conveyed to Shadow Creek Ranch Development Company Limited Partnership by instrument of record under File
No. 03-064997 of said B.C.O.R., same being on the aforementioned common line of the Obediah Pitts Survey and
the T. C. R. R. Co. Survey, Section 3;
Thence, leaving said west line, with said north line and said common survey line, North 86° 39' 20" East,
75.00 feet to a point for corner, same being the southeast comer of aforementioned 0.852 acre tract conveyed to
Brazoria County Drainage District No. 4;
Thence, leaving said north line, with the east line of said 0.852 acre tract, North 03' 09' 36" West, 489.54
feet to a point for comer in the centerline of Clear Creek, same being the common line of Brazoria County and
Harris County;
Thence, leaving said east line, with the centerline meanders of Clear Creek and said common line of Harris
County and Brazoria County, the following eight (8) courses;
1) North 88' 38' 24" East, 170.12 feet to a point for comer;
2) North 87* 59' 36" East, 181.61 feet to a point for comer;
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1629.349 Acres
3)
North 75° 57' 23" East, 204.10 feet to a point for comer;
November 26, 2003
Job No. 1547-2610-070
4) South 79° 16' 24" East, 161.06 feet to a point for comer;
5) North 55* 44' 08" East, 229.30 feet to a point for comer;
6) North 85° 42' 40" East, 316.69 feet to a point for comer;
7) North 71' 29' 14" East, 340.34 feet to a point for comer;
8)
North 80' 28' 35" East, 11.29 feet to a point for comer on the common line of aforementioned
Obediah Pitts Survey and the Dupuy & Roberts Survey, Abstract 726, Brazoria County, Texas;
Thence, leaving said centefline and said common county line, with said common line of the Obediah Pitts
Survey and the Dupuy & Roberts Survey, South 03' 19' 33" East, 288.28 feet to a point for comer;
Thence, continuing with said common survey line, North 86° 40' 27" East, 18.04 feet to a point for comer;
Thence, leaving said common survey line, South 03° 02' 58" East, 178.46 feet to a point for comer;
Thence, North 87' 30' 46" East, 381.58 feet to a point for comer;
2234;
Thence, South 03' 18' 53" East, 670.47 feet to a point for comer on the aforementioned centerline of F.M.
Thence, with said centerline, South 86° 37' 53" West, 248.42 feet to a point for comer;
Thence, leaving said centerline of F.M. 2234, South 03' 20' 28" East, 878.63 feet to a point for comer,
same being the southwest comer of Lot 6, Block 10 of Allison-Richey Gulf Coast Home Co's Part of Suburban
Gardens, the northwest comer of the aforementioned William Morris Survey and a re-entrant comer of the
aforementioned T.C.R.R. Co. Survey, Section 4;
Thence, with the common line of said William Morris Survey and said T.C.R.R. Co. Survey, Section 4,
also being the south line of said Lot 6 and Lot 7, Block 10 of aforementioned Allison-Richey Gulf Coast Home Co's
Part of Surburban Gardens, North 86° 25' 19" East, 907.94 feet to a point for comer;
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1629.349 Acres
November 26, 2003
Job No. 1547-2610-070
Thence, leaving said common survey line, South 02' 50' 03" East, 433.18 feet to a point for comer;
Thence South 76° 58' 32" West, 208.28 feet to a point for comer;
Thence, South 02' 45' 40" East, 1989.40 feet to a point for comer;
Thence South 02' 29' 12" East, 120.09 feet to a point for comer;
Thence South 03' 31' 58" East, 1966.29 feet to a point for comer;
Thence, North 86' 52' 04" East, 237.t2 feet to a point for comer;
Thence South 03' 55' 09" East, 366.48 feet to a point for comer on the south line of that certain called
202.51 acre tract conveyed to Pearland Investments Limited Partnership by instrument of record under File No. 98-
022936, B.C.O.R.;
Thence, with the south line of said 202.51 acres, South 86° 45' 40" West, at 930.13 feet pass the southwest
comer of said 202.51 acres and continue with the westerly extension of said south line, in all a distance of 949.04
feet to a point for comer on the east line of that certain called 18.155 acre tract of land conveyed to Pearland
Investments Limited Partnership by instnunents of record under File Nos. 98-041753 and 98-041754 of said
B.C.O.R.;
Thence, with the east line of said 18.155 acre tract, South 03' 15' 09" East, 700.96 feet to a point for
comer, same being the southeast comer of said 18.155 acre tract, said point also being on the west line of Block 21
of the Allison-Richey Gulf Coast Home Co's Part of Suburban Gardens, a subdivision or record in Volume 2, Page
99, Plat Record, Brazoria County, Texas;
Thence, with the west line of Block 20 and Block 21 of said Allsion-Richey Gulf Coast Home Co's Part of
Suburban Gardens, South 03' 14' 22" East, 2167.10 feet to the POINT OF BEGINNING and containing 1632.637
gross acres of land, SAVE and EXCEPT however, the following two (2) tracts of land.
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1629.349 Acres
SAVE AND EXCEPT TRACT NO. 1 FROM PART ONE
November 26, 2003
Job No. 1547-2610-070
Being 1.168 acres of land, more particularly being a portion of that certain called 2.56 acre tract of land
(described as Tract 2) conveyed to Shadow Creek Ranch Development Company Limited Partnership by instrument
of record under File No. 03-064997 of said B.C.O.R., said 1.168 acres being more particularly described by metes
and bounds as follows;
COMMENCING for reference at the southwest comer of aforementioned Obediah Pitts Survey;
Thence, South 88° 57' 10" East, 160.53 feet to a 5/8-inch iron rod in concrete found marking the northwest
comer of said 2.56 acres and the POINT OF BEGINNING;
Thence, with the north line of said 2.56 acres, North 86° 21' 37" East, 857.17 feet to a 5/8-inch iron rod in
concrete found marking the northeast comer of said 2.56 acres;
Thence, with the east line of said 2.56 acres, South 03° 41' 21" East, 60.10 feet to a point for comer;
Thence, leaving said east line, South 86' 27' 47" West, 857.53 feet to a point for comer on the west line of
said 2.56 acres;
Thence, with the west line of said 2.56 acres, North 03' 20' 20" West, 58.56 feet to the POINT OF
BEGINNING and containing 1.168 acres of land.
SAVE AND EXCEPT TRACT NO. 2 FROM PART ONE
Being 6.859 acres of land located in the T.C.R.R. Co. Survey, Section 3, Abstract 678, Brazoria County,
Texas, said 6.859 acres being more particularly described by metes and bounds as follows;
BEGINNING at a 5/8-inch iron rod with cap marked "LJA ENG.", previously set, at the southwest comer
of that certain called 5.549 acre tract conveyed to the City of Pearland by instrument of record in File No. 02-
058303 of said B.C.O.R., same being on the northerly right-of-way line of F.M. 2234 (width varies);
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November 26, 2003
Job No. 1547-26t0-070
Thence, leaving said northerly right-of-way line, with the west line of said 5.549 acre tract, North 03' 15'
50" West, 669.30 feet to a 1-inch iron pipe found marking the northwest comer of said 5.549 acres;
Thence, with the north line of said 5.549 acres and its easterly extension, North 86° 46' 38" East, 465.30
feet to a point for comer on the west line of that certain called 0.919 acre tract of land conveyed to Brazoria County
Drainage District No. 4 by instrument of record in Volume (89) 707, Page 90 of said B.C.O.R.;
Thence, with the west line of said 0.919 acre tract North 03* 09' 36" West, 132.17 feet to a point for comer
on the south line of that certain called 3.31 acre tract (described as Tract 1) conveyed to Shadow Creek Ranch
Development Company Limited Partnership by instrument of record under File No. 03-064997 of said B.C.O.R.;
Thence, with the south line of said 3.31 acre tract, North 86° 39' 20" East, 75.00 feet to a point for comer,
same being the northeast comer of said 0.919 acre tract;
Thence, South 03° 09' 36" East, at 533.92 feet pass the southeast comer of said 0.919 acre tract and the
northeast comer of that certain called 0.032 acre tract conveyed to the State of Texas by instrument of record in
Volume (89) 688, Page 167 of said B.C.O.R., continuing in all a distance of 541.86 feet to a point for comer on the
aforementioned northerly right-of-way line of F.M. 2234;
Thence, with said northerly right-of-way line, the following five (5) courses;
1) South 61' 03' 38" West, 49.74 feet to a point for comer;
2) North 61° 08' 21" West, 35.45 feet to a point for comer;
3) South 61° 03' 38" West, 44.35 feet to a point for comer;
4) South 28' 51' 39" West, 56.30 feet to a point for comer;
5)
South 61° 03' 38" West, 438.05 feet to the POINT O12 BEGINNING and containing 6.859 acres of
land.
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1629.349 Acres
Resulting in a net area for Part One of 1624.610 acres;
November 26, 2003
Job No. 1547-2610-070
PART TWO
BEGINNING at the southwest comer of that certain called 7.0564 acre tract conveyed to Pearland
Investment Limited Partnership by instrument of record under File No. 98-033800 of said B.C.O.1L, same being the
southeast comer of that certain called 0.484 acre tract conveyed to Brazoria County Drainage District No. 4, by
instrument of record in Volume (89) 707, Page 84 of said B.C.O.R., also being on the aforementioned northerly line
of F.M. 2234;
Thence, with the common line of said 7.0564 and 0.484 acre tracts, North 03 ° 20' 48" West, 489.59 feet to
a point for comer;
Thence, leaving said common line, North 87° 30' 46" East, 466.34 feet to a point for comer on the east line
of said 7.0564 acres;
Thence, with the east line of said 7.0564 acres, South 03° 23' 28" East, 398.81 feet to a point for comer on
the aforementioned northerly line of F.M. 2234, the beginning of a curve;
Thence, with said northerly line of F.M. 2234, the following two (2) courses;
1)
122.97 feet along the arc of a non-tangent curve to the left, having a radius of 1989.86 feet, a
central angle of 03° 32' 27" and a chord that bears South 77° 47' 05" West, 122.95 feet to a point
for comer;
2)
South 76° 00' 51" West, 351.15 feet to the POINT OF BEGINNING and containing 4.739 acres of
land.
Said Part One and Part Two containing a total of 1629.349 acres.
"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 fights and
interests implied or established by ,the creation or reconfiguration of the boundary of the political
' ' ' it was prepared'
LJA Engineering & Surveying, Inc.
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