Ord. 1429 2010-09-27 - FailedORDINANCE NO. 1429
AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF
PEARLAND, TEXAS, TO INCLUDE ALL LAND AREA WITHIN
CERTAIN LIMITS AND BOUNDARIES AND ANNEXING TO THE CITY
OF PEARLAND ALL OF THE AREA WITHIN SUCH LIMITS AND
BOUNDARIES (307 ACRES MORE OR LESS WEST OF SH 288
BETWEEN BROADWAY AND MUSTANG BAYOU — AREAS 3 AND 4);
APPROVING A SERVICE PLAN FOR ALL OF THE AREA WITHIN
SUCH LIMITS AND BOUNDARIES; CONTAINING OTHER
PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING A
SAVINGS AND SEVERABILITY CLAUSE.
WHEREAS, the City Council of the City of Pearland, Texas, has, following due
notice and publication in accordance with the requirements of §43.052, Tex. Local Govt.
Code, conducted two (2) public hearings regarding the City's intended annexation of
certain territory located contiguous to the City and within the City's extraterritorial
jurisdiction; and
WHEREAS, public hearings were conducted before the City Council on August
2, 2010 and on August 16, 2010, at the Pearland City Hall, 3519 Liberty Drive,
Pearland, Texas; and
WHEREAS, the City of Pearland has, in accordance with §43.051 et seq.,
Tex. Local Govt. Code, complied with all procedural requirements regarding the
annexation of territory, including the preparation of a plan for extension of municipal
services into the area annexed to the City; and
WHEREAS, the City intends to fulfill those obligations imposed upon it by state
law regarding newly annexed areas, including timely provision of municipal services as
required by law; and
E
ORDINANCE NO. 1429
WHEREAS, the City Council finds and determines that the annexation intended
by this Ordinance is in the best interests of the City of Pearland and benefits the health,
safety, and welfare of the citizens of said City; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the boundaries and limits of the City of Pearland, Texas, are
hereby extended to embrace and include all of the territory described in Exhibit "A"
attached hereto and made a part hereof, and such territory is hereby annexed to and
made a part of the City.
Section 2. The plan for extension of municipal services into the territory
annexed to the City of Pearland by the provisions of this Ordinance is set forth in the
City of Pearland, Texas, Service Plan for approximately 307 acres, more or less, to be
annexed into the City of Pearland, Brazoria County, Texas attached hereto as
Exhibit "B" and made a part hereof for all purposes. Such Municipal Service Plan is
hereby approved.
Section 3. The City Council officially finds, determines, recites and declares
that sufficient written notices of the date, hour, place and subject matter of the meetings
of the City Council at which this Ordinance was considered were posted at a place
convenient to the public at the City Hall of the City of Pearland for the time required by
law preceding said meetings, as required by law; and that said meetings have been
open to the public, as required by law, at all times during which this Ordinance and the
subject matter thereof has been discussed, considered and formally acted upon. The
P
,l
ORDINANCE NO. 1429
City Council further ratifies, approves and confirms such written notices and the
contents and posting thereof.
Section 4. 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 5. Severability. If any section or part of this Ordinance be held
unconstitutional, illegal or invalid, or the application thereof ineffective or inapplicable as
to any territory, such unconstitutionality, illegality, invalidity, or ineffectiveness of such
section or part shall in no wise affect, impair or invalidate the remaining portions, the
same shall be and remain in full force and effect; and should this Ordinance for any
reason be ineffective as to any part of the area hereby annexed to the City of Pearland,
such ineffectiveness of this Ordinance as to any such part or parts of any such areas
shall not affect the effectiveness of the Ordinance as to all of the remainder of such
area, and the City Council hereby declares it to be its purpose to annex to the City of
Pearland every part of the area described in Exhibit "A ", attached hereto, regardless of
whether any other part of such described area is hereby effectively annexed to the City.
Provided, further, that if there is included in the general description of territory set out in
Exhibit "A ", attached hereto, any land or area which is already a part of and included
within the general limits of the City of Pearland, or which is presently part of and
included in the limits of any other city, town or village, or which is not within the City of
Pearland's jurisdiction to annex, the same is hereby excluded and excepted from the
3
ORDINANCE NO. 1429
territory to be annexed as fully as if such excluded and excepted area was specifically
described herein.
PASSED and APPROVED on First Reading this the 13th day of September,
A. D., 2010.
T-1
TO I D
MAYOR
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
PASSED and APPROVED on Second and Final Reading this the day of
A. D., 2010.
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
TOM REID
MAYOR
11
ORDINANCE NO. 1429
APPROVED AS TO FORM:
O^ ` -%�1,
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A''
Ordinance No. 1429
EXHIBIT "A"
AREAS 3 AND 4
METES AND BOUNDS DESCRIPTION
307 ACRES MORE OR LESS OUT OF
J.S. TALMAGE SURVEY, ABSTRACT 564
R. B. LYLE SURVEY, ABSTRACT 538
AND
J. S. TALMAGE SURVEY, ABSTRACT 566
BRAZORIA COUNTY, TEXAS
The herein described 307 acres, more or less, being generally located in Section 80,
J. S. Talmage Survey, Abstract 564, Section 84, R. B. Lyle Survey, Abstract 538 and Section 2,
J. S. Talmage Survey, Abstract 566, Brazoria County, Texas; the south line being partially along
the centerline of Mustang Bayou and along the south line of Lots 8, 17 and 26, Section 2, Allison
Richey Gulf Coast Home Company Subdivision according to the plat thereof as filed in Volume
2, Page 98 Brazoria County Plat Records and along portion of the north line of City of Pearland
Ordinance No. 31; the west line being the east line of City of Pearland Ordinance No. 1035 and
the east right -of -way line of County Road 564 (Woodfm); the north line being the south right -of-
way line of County Road 92 and the extension of City of Pearland Ordinance No. 924 and the
east line being the west line of City of Pearland Ordinance No 924;
All that certain 307 acres, more or less, to be annexed into the City of Pearland and being all or
portion of Lots 1, 2, 9 and 10, Section 80, J. S. Talmage Survey, Abstracts 564, all or portion of
Lots 4, 8, 10, 11, 12, 13, 14, 15 and 16, Section 84, R. B. Lyle Survey, Abstract 538 and all of or
portion of Lots 1, 8, 17 and 26, Section 2, J. S. Talmage Survey Abstract 566, Allison Richey
Gulf Coast Home Company Subdivision according to the plat thereof as filed in Volume 2, Page
98 Brazoria County Plat Records, and out of Section 84, R. B. Lyle Survey Abstract 538 and out
of Section 2, J. S. Talmage Survey, Abstract 566 and being more particularly described by metes
and bounds as follows;
Commencing at a point marking the common corner of said Abstracts 305, 565, 564 and 538 and
being the intersection of County Road 92 (Broadway) and County Road 48 (Kingsley Drive);
Thence Southerly - 20' with the common line of said Abstract 538 and Abstract 564 to a point
marking the POINT OF BEGINNING of herein described tract,
1. Thence Easterly - 910', more or less, with the said south of City of Pearland Ordinance
No. 880 to a point for corner marking the most northerly northwest corner of City of
Pearland Ordinance No. 924;
2. Thence Southerly - 970', more or less, with the east line of said Lots 1 and 2, Section 80,
J. S. Talmage Survey, Abstract 564 and the west line of City of Pearland Ordinance No. 924
to a point for corner;
3. Thence Westerly - 851.3', more or less, with the south line of said Lot 2, Section 80 and
continuing with the most westerly north line of said City of Pearland Ordinance No. 924 to a
point for comer;
4. Thence Southerly - 2,958.3', more or less, with the most westerly line of said City of
Pearland Ordinance No. 924 to a point for corner on the north line of said Lot 9, Section 80;
11-421 -141 Anu".tions Areas & 4 (11Q h1 &B.doc t
5. Thence Easterly — 1,296', more or less, with the north line of said Lot 9, Section 80 and
continuing with the most southerly west line of City of Pearland Ordinance No. 924 to a
point for comer marking the northeast corner of said Lot 9, Section 80;
6. Thence Southerly — 1,220', more or less, with the east line of said Lots 9 and 10, Section 80
and continuing with the most southerly west line of said City of Pearland Ordinance No. 924
to a point for comer on the north line of City of Pearland 100' wide strip as described in
Ordinance No. 31;
7. Thence Westerly — 1,427', more of less, with the north line of said City of Pearland 100'
wide strip as described in Ordinance No. 31 which the north line is 100' north of and parallel
to the south line of said Abstract 564 and the north line of Abstract 298;
8. Thence Southerly — 760', more or less, continuing with the westerly line of said City of
Pearland Ordinance No. 31 which the west line is 100' west of the east line of said Abstract
566 and the west line of Abstract 298;
9. Thence Westerly — 1,880', more or less, with the common south line of said Lots 26, 17, 8
and the north line of Lots 27, 18 and 9, Section 2, J. S. Talmage Survey Abstract 566 of said
Allison Richey Gulf Coast Company Subdivision;
10. Thence Southerly — 400', more or less, with the east line of said Lot 1, Section 2,
J. S. Talmage Survey, Abstract 566 to a point for corner marking the southeast corner of said
Lot 1;
11. Thence Westerly — 431', more or less, with the south line of said Lot 1, Section 2 to a point
for comer marking the southwest corner of said Lot 1;
12, Thence Southerly — 1,025', more or less, with the west line of Lot 2, of said Section 2,
7. S. Talmage Survey, Abstract 566 to a point for corner;
13. Thence Westerly — 544', more or less, with the most easterly north line of that certain called
100.353 acre tract as described in a deed dated 09 -13 -2006 from Poarch / Swinbank, L.L.0 to
2004 Mustang Creek, Ltd. as filed in the Official Records of Real Property of Brazoria
County at Clerk's File Number 2006- 054897 and being along the centerline of Mustang
Bayou;
14. Thence Northwesterly — 2,425', more or less, continuing with the common line of said 2004
Mustang Creek, Ltd. tract and the centerline of Mustang Bayou to a point on the east right -
of -way line of County Road 564 (Woodfm);
15. Thence Northerly — 1,236', more or less, with the east right -of -way line of said County Road
564 and the west line of that certain tract as described in a deed dated 12 -31 -2008 from
Poarch / Swinbank, L.L.C. to Sprint Pipeline Services, L.P. as filed in the Official Records of
Real Property of Brazoria County at Clerk's File Number 2009 - 000003 to a point for corner
on the north right -of -way line of County Road 59 for comer marking the southwest corner of
that certain tract as described in a deed dated 09 -07 -2001 from Merle Admire, et ux. to
Wayne Moore as filed in the Official Records of Real Property of Brazoria at Clerk's File
Number 01- 041490 to a point for corner;
11-42t.141 Awcmtions Arens 3 & 4 (RI) M&Bdoc 2
16. Thence Northerly— 115', more or less, with the west line of said Moore tract to a point for
corner marking the northwest corner of said Moore tract and the most southwest comer of
City of Pearland Ordinance No. 1035;
17. Thence Easterly — 547', more or less, with the south line of said City of Pearland Ordinance
No. 1035 to a point on curve to the right having a radius of 1,175.92' and a central angle of
12° 58' 11';
18. Thence with said curve an are distance of 266.2', more or less, in a easterly direction with the
north right -of -way line of County Road 59 as established by that certain right -of -way
easement dated 05 -17 -1985 from John Wood Bitting, et al. to Brazoria County as filed in
Volume (85) 140, Page 964 Brazoria County Official Records;
19. Thence Easterly — 1,799', more or less, continuing with the south line of said City of
Pearland Ordinance No. 1035 and the north right -of -way line of County Road 59 to a point
for corner;
20. Thence Northerly — 630', more or less, with the west right -of -way line of a 40' platted road
20' west of and parallel to the west line of Lot 4, Section 84, R. B. Lyle Survey, Abstract
538, to a point for comer;
21. Thence Easterly — 1,990', more or less, with the common north line of said Lots 4, 8 and 12
and the south line of Lots 3, 7 and I I to a point for comer from which the common comer of
Lots 11, 12, 15 and 16 bears Easterly —10' from said point;
22. Thence Northerly — 660', more or less, with a line 10' west of and parallel to the common
line of Lots 11 and 15, Section 84, to a point on the north line of said Lot 11;
23. Thence Westerly — 13', more or less, with the common north line of said Lot 11 and the
south line of said Lot 10, Section 84 to a point for corner;
24. Thence Northerly — 640', more or less, with a line parallel to and 23' west of the common
line of said Lots 10 and 14, Section 84 to a point for corner marking the northwest corner of
that certain called 4.70 acre tract as described in a deed dated 09 -10 -2004 from Tri Nguyen,
et ux. to Viet Linh Nguyen as filed in the Official Records of Real Property of Brazoria
County at Clerk's File Number 2004 - 055306;
25. The Easterly — 23', more or less, with the north line of said Viet Linh Nguyen tract to a point
on the west line of said Lot 13 and marking a point 20' south of the common. comer of said
Lots 9, 10, 13 and 14, Section 84, Abstract 538;
26. Thence Northerly — 691', more or less, with the west line of said Lot 13, Section 84, Abstract
538 to a point for corner marking the northwest coiner of said Lot 13;
27. Thence Northerly — 1,300', more or less, with the east line of that certain tract as described in
a deed dated 12 -29 -1994 from R. D. McMahan, et ux. to John T. McMahan as filed in the
Official Records of Real Property of Brazoria County at Clerk's File Number 03- 015336 and
with the east line of City of Pearland Ordinance No 1035 to a point for corner;
11- 421 -141 Annexations Areas 3 &4 (RI) M &B.doe 4
28. Thence Easterly — 630', more or Iess, with the north line of City of Pearland Ordinance No.
1035 and the north line of that certain tract as described in a deed dated 08 -13 -1998 from
John Garcia Vasquez to Yolanda Vasquez as filed in the Official Records of Real Property of
Brazoria County at Clerk's File Number 98- 034586 to a point for corner;
29. Thence Northerly — 1,300', more or less, with the east line of said City of Pearland
Ordinance No. 1035 to the POINT OF BEGINNING and containing 307 acres of land more
or less
"This document was prepared under 22 TAC 663.2 1, does not reflect the results of an on the
ground survey, and is not be used to convey or establish interest in real property except those
right and interests implied or established by the creation or reconfiguration of the boundary of
the political subdivision for which it was prepared."
This metes and bounds description is accompanied by a separate plat, drawing or exhibit per
Texas Board of Professional Land Surveyor's "General Rules of Procedures and Practices"
Section 663.19(9).
Compiled by:
C.L. Davis & Company
Job Number: 11- 421 -141 Annexations Areas 3 & 4 (Rl) M &B.doc
06 -25 -2010
C.L. DAVIS
ro
11-121 -141 AnnesalionsAn 3a 4(RI)M&B.dc 4
Exhibit "B"
Ordinance No. 1429
CITY OF PEARLAND, 'TEXAS
SERVICE PLAN FOR AREA 3 & 4, 307 acre (13,372,920 square feet) of land located
west of the existing city limits encompassing 307 acres in Brazoria County, Texas,
generally located near the intersection of CR 43 and CR 59.
I. INTRODUCTION
This Service Plan { "Plan ") is made by the City of Pentland, Texas ( "City ") pursuant to Chapter
43 of the Local Government Code (`the Act "). This Plan relates to the annexation by the City,
by petition of the owner, of land located adjacent to the city limits and encompassing
approximately 307 acre in Brazoria County, Texas. The Tract is described by metes and bounds
in "Exhibit A -1 ", and by map in "Exhibit A -2" which are attached to this Plan and to the
annexation ordinance of which this Plan is a part.
H. TERM: EFFECTIVE DATE
This Plan will be in effect for a term of ten years commencing on the effective date of the
annexation of the Tract. Renewal of this Plan will be at the option of the City. Such option may
be exercised by the adoption of an ordinance by the City Council, which refers to this Plan and
specifically renews this Plan for a stated period of time.
III. SERVICE PROGRAMS
A. In General. This Plan includes two service programs: (1) the Early Action Program,
described below, and (II) a Capital Improvement Program according to the Texas Local
Government Code, Chapter 43, described below.
B. Scope and Quality of Services. This Plan will provide a level of services, infrastructure,
and infrastructure maintenance that is comparable to the level of services, infiastruchire,
and infastructure maintenance currently provided and available in other parts of the
municipality with topography, Iand use, and population density similar to the Tract.
However, it is not the intent of this PIan to require that a uniform level of services be
provided to all areas of the City (including the Tract) where differing characteristics of
topography, land utilization and population density are considered as sufficient basis for
providing differhg service levels.
C. Definitions.
1. As used in this Plan, "providing services" includes having services provided by any
method or means by which the City extends municipal services to any other area of
the City. This may include causing or allowing private utilities, governmental
entities and other public service organizations to provide such services, in whole or
part.
2. As used in this Plan, the phrase "Standard Policies and Procedures" means those
policies and procedures of the City applicable to a particular service which are in
effect either at the time that the service is requested or at the time that the service is
made available or provided. The policies and procedures may require that a specific
type of request be made, such as an application or a petition. They may require that
fees or charges be paid, and they may include eligibility requirements and similar
provisions.
D. Early Action Program
1. Statutory Services. The statutory services will be provided within the Tract within
the period that mects or exceeds that required by State law. The following services
will be provided in accordance with Standard Policies and Procedures immediately
upon the effective date of the annexation:
a. Police Protection: The Police Department of the City will provide protection
and law enforcement in the Tract. These activities will include normal patrols
and responses, the handling of complaints and incident reports, and, as
appropriate, support by special units of the Depatment.
b. Fire Protection: The Pearland Fire Department (PFD) of the City of Pearland
will continue to serve the area in cooperation with other fire departments in the
area according to mutually agreed to procedures.
a Emergency Medical Service: The Pentland Emergency Medical Service
(EMS) will continue to provide emergency medical service to the Tract under a
contract with the City.
d. Solid Waste Collection: Service will be provided to eligible property by
private contractor, under contract with the City. To be eligible for City solid
waste collection service, property must have frontage on a public street or
other approved location and place solid waste in containers approved for the
specific type of occupancy. Any person currently being serviced by a
privately owned solid waste management service provider may continue to
use that service for two years after the effective date of the annexation.
e. Operation and Maintenance of Water and Wastewater Facilities: Existing
public water and wastewater facilities, if any, will be operated and maintained
by the City or by private contractor under contract to the City.
Operation and Maintenance of Road and Streets (including lighting): Existing
public roads and streets, including lighting and traffic control devices, if any,
will be operated and maintained by the City, subject to the jurisdiction of
other governmental entities. State highways and farm -to- market roads remain
the primary responsibility of the Texas Department of Transportation, for
instance, Existing roadside drainage ditches not maintained under the
jurisdiction of another entity will be operated and maintained by the City.
g. Operation and Maintenance of Parks, Playgrounds and Swimming Pools:
Existing public parts, playgrounds, and swimming pools, if any, will be
operated and maintained by the City. Facilities owned and operated by
homeowner's associations (HOAs) will continue to be owned and operated by
the respective HOAs.
h. Operation and Maintenance of Any Other Publicly Owned Facility, Building
or Service. Existing publicly owned or operated facilities, buildings, or
services, if any, will be operated and maintained by the City or by private
contractor under contract to the City.
2. Additional Services. Certain services, in addition to the statutory services, will be
provided in accordance with Standard Policies and Procedures within the Tract to the
same extent they are provided to similar territories elsewhere in the City. These are
as follows:
a. Library Service will be provided from existing facilities and future facilities
outside the Tract. Residents of the Tract will be eligible for borrowing
privileges at City /County libraries on the same basis as current residents.
b. Health services will be provided by the City Health Department to area
residents and businesses. Health services include City inspection of
restaurants and groceries and Animal Control.
G. Code Enforcement personnel will enforce the City's housing code and
ordinances against junk motor vehicles, high weeds, unsafe buildings, and
illegal dumping of refuse.
d. Other City Services, to the extent applicable to persons or properties within
the Tract, in accordance with standard policies and procedures will be
provided.
E. CapitalUnprovementPrograrn
As necessary, the City will initiate the construction of certain capital improvements
necessary for providing municipal services for the Tract. Those improvements, which are
necessary, are indicated below. Access to the improvements will be in accordance with
Standard Policies and Procedures. The improvements shall be completed as soon as
reasonably possible and shall be substantially completed within the time period indicated
below.
1. Police Protection: Additional capital improvements are not necessary at this time
to provide police protection. The Tract will be included with other territory in
connection with planning for new, revised, or expanded public safety facilities.
2. Fire Protection: Additional capital improvements are not necessary at this time to
provide fire protection. The Tract will be included with other territory in
connection with planning for new, revised, or expanded public safety facilities.
I Emergency Medical Service: Additional capital improvements are not necessary
at this time to provide emergency medical service. The Tract will be included
with other territory in connection with planning for new, revised, or expanded
public safety facilities.
4. Solid Waste Collection: No capital improvements are necessary at this time to
provide solid waste collection services within the Tract. The Tract will be
included with other territory in connection with planning for new revised or
expanded solid waste facilities.
S. Water and Wastewater Facilities: Additional capital improvements are not
necessary at this time to service the tract. The cost of fature connections to
available water and sewer lines will be the responsibility of the Tract owners, as it
is witbin the existing City utility system following standard politics and
procedures. Capital recovery charges or impact fees also will be assessed at the
time of future connections to the City's utility system or upon issuance of building
permits for lots developed within the Tract.
The City will make wastewater treatment capacity in existing or fixture wastewater
treatment plants built and operated by the City available for the Tract.
The city will make potable water supply Kom existing or future sources built and
operated by the City available to the Tract. The City currently operates its own
ground water wells and purchases wholesale surface water via contract from thud
parties.
6. Roads and Streets (including lighting): Additional roads, streets or related
facilities are not necessary at this time to serve the tract. Future extensions or
widening of roads or streets and future installation of related facilities, such as
traffic control devices or street lights will be undertaken in accordance with
Standard Policies and Procedures. The Tract will be included with other territory
in connection with planning for new, revised, widened, or enlarged roads, streets,
orrelated facilities.
Parks, Playgrounds, and Swimming Pools: Additional capital improvements are
not necessary at this time to provide such services to the Tract. The Tract will be
included with other territory in connection with planning for such facilities.
8. Other Publicly -Owned Facilities, Building or Services: All other City functions
and services, and the additional services described above, can be provided for the
Tract by using existing capital improvements. Additional capital improvements
are not necessary to provide City services, but the Tract will be included with
other territory in connection with planning for new, revised, or expanded facilities,
buildings or services.
11. AMENDMENT: GOVERNING LAW
This Plan may not be amended or repealed except as provided by the Act or other controlling
law. Neither changes in the methods nor means of implementing any part of the service
programs nor changes in the responsibilities of the various departments of the City will constitute
amendments to this Plan and the City reserves the right to make such changes. This Plan is
subject to and will be interpreted when in accordance with the Act, the Constitution and laws of
the federal governments of the United States of America and the State of Texas, and the orders,
rules and regulations of governmental bodies and officers having jurisdiction.
IM FORCE MAJEURE
Shoald a force majeure interrupt the service described herein, the City will resume services
under this Plan within a reasonable time after the cessation of the force majeure. "Force
Majeure," for the purpose of this Plan will include, but not be limited to, acts of God, acts of the
public enemy, ware blockades, insurrection, riots, epidemics, landslides, lightning, earthquakes,
fire, storms, floods, washouts, droughts, tornadoes, hurricanes, arrests and restraints of
government, explosions, collisions and other inability of the City, whether similar to those
enumerated or otherwise, which is not within the control of the City.
IV. ENTIRE PLAN
This document contains the entire and integrated Service Plan relating to the Tract, and
supersedes all other negotiations, representations, plans and agreements, whether written or oral.
EXHIBIT A -1
EXHIBIT "A"
AREAS 3 AND 4
NIETES AND BOUNDS DESCRIPTION
307 ACRES MORE OR LESS OUT OF
J.S. TALMAGE SURVEY, ABSTRACT 564
R. B. LYLE SURVEY, ABSTRACT 538
AND
T. S. TALMAGE SURVEY, ABSTRACT 566
BRAZORIA COUNTY, TEXAS
The herein described 307 acres, more or less, being generally located in Section 80,
J. S. Talmage Survey, Abstract 564, Section 84, R. B. Lyle Survey, Abstract 538 and Section 2,
J. S. Talmage Survey, Abstract 566, Brazoria County, Texas; the south line being partially along
the centerline of Mustang Bayou and along the south line of Lots 8,17 and 26, Section 2, Allison
Richey Gulf Coast Home Company Subdivision according to the plat thereof as filed in Volume
2, Page 98 Brazoria County Plat Records and along portion of the north line of City of Pearland
Ordinance No. 31; the west line being the east line of City of Pearland Ordinance No. 1035 and
the east right -of -way line of County Road 564 (Woodfm); the north line being the south right -of-
way line of County Road 92 and the extension of City of Pearland Ordinance No. 924 and the
east line being the west line of City of Pearland Ordinance No 924;
All that certain. 307 acres, more or less, to be annexed into the City of Pearland and being all or
portion of Lots 1, 2, 9 and 10, Section 80, J. S. Talmage Survey, Abstracts 564, all or portion of
Lots 4, 8, 10, 11, 12, 13, 14, 15 and 16, Section 84, R. B. Lyle Survey, Abstract 53 8 and all of or
portion of Lots 1, 8, 17 and 26, Section 2, 1. S. Talmage Survey Abstract 566, Allison Richey
Gulf Coast Home Company Subdivision according to the plat thereof as filed in Volume 2, Page
98 Brazoria County Plat Records, and out of Section 84, R. B. Lyle Survey Abstract 538 and out
of Section 2, L S. Talmage Survey, Abstract 566 and being more particularly described by metes
and bounds as follows;
Commencing at a point marking the common corner of said Abstracts 305, 565, 564 and 538 and
being the intersection of County Road 92 (Broadway) and County Road 48 (Kingsley Drive);
Thence Southerly - 20' with the common line of said Abstract 538 and Abstract 564 to a point
marling the POINT OF BEGINNING of herein described tract
1. Thence Easterly - 910', more or less, with the said south of City of Pearland Ordinance
No. 880 to a point for corner marking the most northerly northwest corner of City of
Pearland Ordinance No. 9244;
1 Thence Southerly - 970', more or less, with the east Pure of said Lots 1 and 2, Section 80,
J. S. Talmage Survey, Abstract 564 and the west line of City of Pearland Ordinance No. 924
to a point for comer;
3. Thence Westerly - 851.3', more or less, with the south line of said Lot 2, Section 80 and
continuing with the most westerly north line of said City of Pearland Ordinance No. 924 to a
point for comer;
4. Thence Southerly - 2,958.3', more or less, with the most westerly line of said City of
Pearland Ordinance No. 924 to a point for comer on the north line of said Lot 9, Section 80;
11- 421 -141 Aa..tians Amax 33r.4(R7) h1ffiB.dae i
5. Thence Easterly — 1,296', more or less, with the north line of said Lot 9, Section 80 and
continuing with the most southerly west line of City of Pearland Ordinance No. 924 to a
point for comer marking the northeast corner of said Lot 9, Section 80;
6. Thence Southerly — 1,220', more or less, with the east line of said Lots 9 and I0, Section 80
and continuing with the most southerly west line of said City of Pearland Ordinance No. 924
to a point for corner on the north line of City of Pearland 100' wide ship as described in
Ordinance No. 31;
7. Thence Westerly — 1,427', more of less, with the north line of said City of Pearland 100'
wide strip as described in Ordinance No. 31 which the north line is 100' north of and parallel
to the south line of said Abstract 564 and the north line of Abstract 298;
S. Thence Southerly — 760', more or less, continuing with the westerly line of said City of
Pearland Ordinance No. 31 which the west Eno is 100' west of the east line of said Abstract
566 and the west line of Abstract 298;
9. Thence Westerly — 1,880', more or less, with flit common south line of said Lots 26, 17, 8
and the north line of Lots 27, 18 and 9, Section 2, 1 S. Talmage Survey Abstract 566 of said
Allison Richey Gulf Coast Company Subdivision;
10. Thence Southerly — 400', more or less, with the east line of said Lot 1, Section 2,
I S_ Talmage Survey, Abstract 566 to a point for comer marking the southeast comer of said
Lot 1;
11. Thence Westerly — 431', more or less, with the south line of said Lot 1, Section 2 to a point
for corner marking the southwest comer of said Lot 1;
12- Thence Southerly — 1,025', more or less, with the west line of Lot 2, of said Section 2,
7. S. Talmage Survey, Abstract 566 to a point for corner;
13. Thence Westerly— 544', more or less, with the most easterly north line of that certain called
100.353 acre tract as described in a deed dated 09 -13 -2006 from Poarch! SwinUank, L.L.0 to
2004 Mustang Creek, Ltd. as filed in the Official Records of Real Property of Biazoria
County at Clerk's File Number 2006 - 054897 and being along the centerline of Mustang
Bayou;
14. Thence Northwesterly — 2,425', more or less, continuing with the common line of said 2004
Mustang Creek, Ltd, tract and the centerline of Mustang Bayou to a point on the east right -
of -way line of County Road 564 (Woodfm);
15. Thence Northerly — 1,236', more or less, with the east fight -of -way line of said County Road
564 and the west line of that certain tract as described in a deed dated 12 -31 -2008 from
Poarch / Swinbank, L.L.C. to Sprint Pipeline Services, L.P. as filed in the Official Records of
Real Property of Brazoria County at Clerk's File Number 2009- 000003 to a point for corner
on the north right -of -way line of County Road 59 for corner marking the southwest comer of
that certain tract as described in a deed dated 09 -07 -2001 from Merle Admire, et ux. to
Wayne Moore as tiled in the Official Records of Real Property of Brazoria at Clerk's File
Number 01- 041490 to a point for ro ner;
11. 421.141 Am=adu.s Ames3&4(RI)NI&&dac 2
16. Thence Northerly — 115% more or less, with the west line of said Moore tract to a point for
corner marking the northwest corner of said Moore tract and the most southwest corner of
City of Pearland Ordinance No. 1035;
17. Thence Easterly — 547', more or less, with the south line of said City of Pearland Ordinance
No. 1035 to a point on curve to the right having a radius of 1,175.92' and a central angle of
12° 58' 11';
18. Thence with said curve an are distance of 266.2', more or less, in a easterly direction with the
north right -of -way Hite of County Road 59 as established by that certain right -of -way
easement dated 05- 17.1985, from John Wood Bitting, at al. to Brazoria County as filed in
Volume (85) 140, Page 964 Brazoria County Official Records;
19. Thence Easterly — 1,799', more or less, continuing with the south line of said City of
Pearland Ordinance No. 1035 and the north right -of -way line of County Road 59 to a point
for corner;
20. Thence Northerly — 630', more or less, with the west right -of -way line of a 40' platted road
20' west of and parallel to the west line of Lot 4, Section 84, R B. Lyle Survey, Abstract
538, to a point for corner;
21. Thence Easterly — 1,990', more or less, with the common north line of said Lots 4, 8 and 12
and the south line of Lots 3, 7 and 11 to a point for comer from which the common comer of
Lots 11, 12,15 and 16 bears Easterly —10' from said point;
22. Thence Northerly — 660', more or less, with a line 10' west of and parallel to the common
line of Lots 11 and 15, Section 84, to a point on the north line of said Lot 11;
23. Thence Westerly — 13', more or less, with the common north line of said Lot I l and the
south line of said Lot 10, Section 84 to apoint for comer;
24. Thence Northerly — 640', more or less, with a line parallel to and 23' west of the common
line of said Lots 10 and 14, Section 84 to a point for comer marking the northwest corner of
That certain called 4.70 acre tract as described in a deed dated 09 -10 -2004 from Th Nguyen,
et ux. to Viet Linh Nguyen as filed in the Official Records of Real Property of Brazoria
County at Clerk's File Number 2004 - 055306;
25. The Easterly — 23', more or less, with the north line of said Viet Linh Nguyen tract to a point
on the west line of said Lot 13 and marking a point 20' south of the common corner of said
Lots 9, 10, 13 and 14, Section 84, Abstract 538;
26. Thence Northerly — 69 P, more or less, with the west line of said Lot 13, Section 84, Abstract
538 to a point for coiner marking the northwest comer of said Lot 13;
27. Thence Northerly — 1,300', more or less, with the east line of that certain tract as described in
a deed dated 12 -29 -1994 from R. D. McMahan, of us. to John T. McMahan as filed in the
Official Records of Real Property of Brazoria County at Cleric's File Number 03- 015336 and
with the east line of City of Pearland Ordinance No 1035 to a point for comer;
1(- 421 -14i A.=ti.m A.3,1,.4(Rt) 41 &B.doe I
28. Thence Easterly — 630', more or less, with the north line of City of Pearland Ordinance No.
1035 and the north line of that certain tract as described in a deed dated 08 -13 -1998 from
John Garcia Vasquez to Yolanda 'Vasquez as filed in the Official Records of Real Property of
Brazoria County at Clerk's File Number 98- 034586 to a point for comer,
29. Thence Northerly — 1,300', more or less, with the east line of said City of Pearland
Ordinance No. 1035 to the POINT OF BEGINNING and containing 307 acres of land more
or less
"This document was prepared under 22 TAC 663.21, does not reflect the results of an on the
ground survey, and is not be used to convey or establish interest in real property except those
right and interests implied or established by the creation or reconfiguration of the boundary of
the political subdivision for which it was prepared."
This metes and bounds description is accompanied by a separate plat, drawing or exhibit per
Texas Board of Professional Land Surveyor's "General Rules of Procedures and Practices"
Section 663.19(9).
Compiled by:
C.L. Davis & Company
Job Number: It -421-141 Annexations Areas 3 & 4 (RI) M &B.doc
06 -25 -2010
11421 -141 Am=dawAmw 3 &4 tRQM&aAm 4
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