Ord. 1428 2010-09-27 - FailedORDINANCE NO. 1428
FAILED
September 27, 2010
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 (189 ACRES OF LAND, MORE OR LESS SOUTH OF
BAILEY ROAD BETWEEN VETERANS DRIVE AND FM 1128 AREA
2); 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
1
ORDINANCE NO. 1428
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 189 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
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ORDINANCE NO. 1428
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
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ORDINANCE NO. 1428
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 13 day of September,
A. D., 2010.
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
TO M
PASSED and APPROVED on Second and Final Reading this the day of
A. D., 2010.
TOM REID
MAYOR
4
con a
dMAYOR
ORDINANCE NO. 1428
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
5
The above described 189 acres of land, more or less being generally located in Lots 1, 11, 21, 31
41 and 51, Allison Richey Gulf Coast Home Company Subdivision, Section 24, according to the
plat thereof as recorded in Volume 2, Page 89 Brazoria County Plat Records, George C. Smith
Survey, Abstract 549 and Lots 1, 11, 21, 31, 41 and 51, Allison Richey Gulf Coast Home
Company Subdivision, Section 25, according to the plat thereof as filed in Volume 2, Page 10
Brazoria County Plat Records, H.T. B. R.R. Company Survey, Abstract 245 and Lots 1, 11
and 21, Allison Richey Gulf Coast Home Company Subdivision, Section 26, according to the
plat thereof as filed in Volume 12, Page 129 Brazoria County Plat Records, George C. Smith
Survey, Abstract 550, Brazoria County, Texas; the north line being the south line of City of
Pearland Ordinance No. 826 which is parallel with and 30' south of the north line of Abstracts
549, 245 and 550; the west line being parallel with and 100' east of the west line of said Abstract
549 and being common with City of Pearland Ordinance No. 31 and the east line being common
with City of Pearland Ordinance No. 826 (called to be the west right -of -way line of Pearland
Sites Road (Veterans Drive) based on 60' width);
All that certain 189 acres of land, to be annexed into the City of Pearland and being all or portion
of Lots 1, 11, 21, 31, 41 and 51, Section 24, George C. Smith Survey, Abstract 549, and being all
of or part of Lots 1, 11, 21, 31, 41 and 51, Section 25, H.T. B. R.R. Company Survey, Abstract
245 and all of or part of Lots 1, 11 and 21, Section 26, George C. Smith Survey, Abstract 550,
Brazoria County, Texas and being more particularly described by metes and bounds as follows;
Commencing at a point marking the common northwest corner of said Section 24, Abstract 549
and the northeast corner of Section 23, Abstract 290; Thence Easterly 100', more or less, with
the north line of said Abstract 549 to a point for corner; Thence Southerly 30', more or less,
with City of Pearland Ordinance No. 31 and a line 100' east of the west line of said Abstract 549
to the POINT OF BEGINNING of herein described tract;
1. Thence Easterly 13,070', more or less, with the south line of City of Pearland Ordinance
No. 826 which is parallel with and 30' south of the north line of Abstracts 549, 245 and 550
to a point for corner;
2. Thence Southerly 461', more or less, with the common line of City of Pearland Ordinance
No. 826 to a point for corner;
11-421 -141 Annexations Area2 (AI) M &B.dac
EXHBIT "A"
AREA 2
METES AND BOUNDS DESCRIPTION
189 ACRES MORE OR LESS OUT OF
LOTS 1, 11, 21, 31, 41 AND 51
SECTION 24, GEORGE C. SMITH SURVEY
ABSTRACT 549 AND
LOTS 1, 11, 21, 31, 41 AND 51, SECTION 25
H.T. B. R.R. COMPANY SURVEY, ABSTRACT 245
AND LOTS 1, 11 AND 21, SECTION 26
GEORGE C. SNIITH SURVEY, ABSTRACT 550
BRAZORIA COUNTY, TEXAS
1
Exhibit "A"
Ordinance No. 1428
Thence Westerly 1,749', more or less, with the south line of the following tracts as filed in
Volume 1323, Page 964 Brazoria County Deed Records and Clerk's File Numbers
2007 063413 and 04- 002923 as filed in the Official Records of Real Property of Brazoria
County to a point for corner marking the southwest coiner of that certain tract as described in
a deed dated 01 -13 -2004 from Elizabeth C. Ashabranner to Charles R. Gibson, et ux. as filed
in the Official Records of Real Property of Brazoria County at Clerk's File Number
04-002923;
4. Thence Southerly 83', more or less, with the east line of that certain tract as described in a
deed dated 03 -30 -1979 from Roy W. Williams, Jr. and Ruth Williams Cobb to Edgar Griffin,
and Domnica Griffith as filed in Volume 1453, Page 131 Brazoria County Deed Records to a
point for comer marking the southeast coiner of said Griffin tract;
5. Thence Westerly 880', more of less, with the south line of said Griffin tract to a point on
the west line of said Section 26, George C. Smith Survey, Abstract 550;
6. Thence Northerly 163', more or Less, with the west line of said Abstract 550 to a point for
corner marking the northeast comer of that certain pact as described in a deed dated
09 -14 -1968 from Frank M. Boyd, et ux. to Sammy L. Roeber, et ux. as filed in Volume 1011,
Page 878 Brazoria County Deed Records;
7. Thence Westerly 420', more or less, with the north line of said Roeber tract to a point for
corner marking the northwest corner of said Roeber tract;
8. Thence Southerly 415', more or less, with the east line of that certain tract as described in a
deed dated 03 -31 -1989 from Kathleen O'Connell Scott to John Frazier, et al. as filed in
Volume (89) 663, Page 307 Brazoria County Official Records to a point for corner marking
the southeast corner of said Frazier tract;
9. Thence Westerly 884', more or less, with the south line of said Frazier tract and the south
line of said Lots 41 and 51, Section 25, Abstract 245 to a point marking the southwest corner
of that certain tract as described in a deed dated 10 -28 -1988 from Arthur J. Larrivee to Irene
J. Larrivee as filed in Volume (88) 610, Page 462 Brazoria County Deed Records;
10. Thence Northerly— 395', more or less, with the west line of said Larrivee tract to a point for
comer marking the southeast corner of that certain tract as described in a deed dated
09 -21 -2007 from Linda Dooley and David Dooley to Swaminsrthan R. Bhattar as filed in the
Official Records of Real Property of Brazoria County at Clerk's File Number 2007- 055157;
11. Thence Westerly 423', more or Less, to a point on the existing east right -of -way line of
Berry Road (County Road 879C);
12. Thence Northerly 28', more or less, with the existing east right -of -way line of said Berry
Road to a point for corner;
13. Thence Westerly 546', more or less, with the north line of that certain tract as described in
a deed dated 11 -24 -2009 from 11 S. Bank National Association, Trustee to Tamil, LLC as
filed in the Official Records of Real Property of Brazoria County at Clerk's File Number
2009- 053141 to a point for corner marking the northwest corner of said Jacwil pact;
11421 -141 Annexations Area 2 (RI) Meth. doe
2
14. Thence Southerly 422', more or less, with the east line of that certain tract as described in a
deed dated 06 -09 -2004 from Pete Raymond Garcia to Carlos Alfaro as filed in the Official
Records of Real Property of Brazoria County at Clerk's File Number 2004 034290 to a point
for comer marking the southeast comer of said Alfaro tract;
15. Thence Westerly 356', more or less, with the south line of said Alfaro tract and the south
line of said Lot 31, Section 25, Abstract 245 to a point marking the southwest corner of said
Alfaro tract and the southwest corner of said Lot 31, Section 25, Abstract 245;
16. Thence Northerly 299', more or less, with the west line of said Lot 31, Section 25, Abstract
245 to a point for corner marking the northeast corner of that certain tract as described in a
deed dated 12 -14 -2004 from Bennice A. Meyer to Milton F. Meyer as filed in the Official
Records of Real Property of Brazoria County at Clerk's File Number 2004 074655;
17. Thence Westerly 880', more or less, with the north line of said Milton F. Meyer tract to a
point on the west line of said Lot 21, Section 25, Abstract 245;
18. Thence Northerly 25', more or less, with the west line of said Lot 21, Section 25, Abstract
245 to a point for corner;
19. Thence Westerly 30', more or Iess, to a point on the west right -of -way line of Wayne Road
(County Road 879B);
20. Thence Northerly 123', more or less, with the west right -of -way line of said Wayne Road
to a point for comer marking the northeast comer of that certain tract as describe in a deed
dated 02 -20 -1998 from Marlene Walden to Mark W. Stolz, et ux. as filed in the Official
Records of Real Property of Brazoria County at Clerk's File Number 98- 007240;
21. Thence Westerly 410', more or less, with the north line of said Stolz tract to a point for
comer marking the northwest corner of said Stolz tract;
22. The Southerly 446', more or less, with the east line of that certain tract as described in a
deed dated 03 -23 -2007 from Jackie Aim Hill to Raymond Allen Hill as filed in the Official
Records of Real Property of Brazoria County at Clerk's File Number 2007 025890 to a point
for comer marking the southeast corner of said Hill tract
23. Thence Westerly 1,329', more or less, with the south line of said Lots 11 and 1, Section 25,
Abstract 245 to a point for comer marking the southwest corner of said Lot 1, Section 25,
Abstract 245;
24. Thence Southerly 5', more or less, with the east line of said Lot 51, Section 24, Abstract
549 to a point for comer marking the southeast corner of said Lot 51;
25. Thence Westerly 903', more or less, with the south line of said Lot 51 and portion of said
Lot 41 to a point for corner marking the southwest comer of that certain tract as described in
a deed dated 11 -15 -1995 from Eloise L. Williams, et al. to Nguyet T. Doan, et al. as filed in
the Official Records of Real Property of Brazoria County at Clerk's File Number 95- 038285;
26. Thence Northerly 480', more or less, with the west line of said Doan tract to a point for
comer marking the northeast corner of that certain tract as described in a deed dated
11- 421 -141 Annexations Area 2 (RI) NI&B.doc
3
02 -21 -1996 from Nguyet T. Doan, et al. to Phuc V. Mai, et ux. as filed in the Official
Records of Real Property of Brazoria County at Clerk's File Number 96- 005841;
27. Thence Westerly 848', more or less, with the northerly line of said Mai tract to a point for
corner on the west line of said Lot 41, Section 24, Abstract 459;
28. Thence Northerly 50', more or less, with the west line of said Lot 41, Section 24, Abstract
549, to a point for corner;
29. Thence Westerly 647', more or less, with the south line of the following tracts as described
as filed in the Official Records of Real Property of Brazoria County at Clerk's File Number
01- 001248, 2004 054348 and 93- 044025 to a point for corner marking the southwest corner
of that certain tract as described in a deed dated 12 -03 -1993 from Tom L. Kister, et al. to
Than Tran, et ux. as filed in the Official Records of Real Property of Brazoria County at
Clerk's File Number 93- 044025;
30. Thence Southerly 531', more or less, with the east line of that certain tract as described in a
deed dated 06 -18 -1973 from Elo F. Mitchel, Jr., et al. to Houston Lighting and Power as filed
in Volume 1164, Page 313 Brazoria County Deed Records to a point for comer marking the
southeast corner of said Houston Lighting and Power tract;
31. Thence Westerly 1,105', more or less, with the south line of said Lot 21, Section 24,
Abstract 549 to a point marking the southwest comer of said Lot 21;
32. Thence Westerly 880', more or Less, with the south line of said Lot 11, Section 24, Abstract
549 to a point for corner marking the southwest corner of said Lot 11;
33. Thence Southerly 495', more or less, with the east line of said Lot 2, Section 24, Abstract
549 to a point for corner marking the southeast comer of said Lot 2;
34. Thence Westerly 780', more or less, with the south line of said Lot 2 to the east line of City
of Pearland Ordinance No. 31 and said point being 100' east of the southwest corner of said
Lot 2;
35. Thence Northerly 1,295', more or less, with City of Pearland Ordinance No. 31 and a line
100' east of the west line of said Abstract 549 to the POINT OF BEGINNING and
containing 189 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: 11- 421 -141 Annexations Arca 2 (RI) M &B doc
06 -22 -2010
REVISED 06 -28 -2010
I1 141 Anncxalions Arta 2 (RI) M&Rdoc
4
SERVICE PLAN FOR AREA 2: 139 acres (8,232,840 square feet) of land located south of the
existing city limits in Brazoria County, Texas generally located south along Bailey Road from
FM 1128 /Manvel to Veterans Road. The subject land is in City of Pearland's ETJ in Brazoria
County
I. INTRODUCTION
This Service Plan "Plan is made by the City of Pearland, Texas "City pursuant to Chapter
43 of the Local Government Code (`the Act This Plan relates to the annexation by the City,
by petition of the owner, of land located adjacent to the city limits and encompassing
approximately 189 acres 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.
II. TERM: EFFECTIVE DATE
This Plan will be in effect for a team 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
CITY OF PEARLAND, TEXAS
Exhibit "B"
Ordinance No. 1428
A. In General. This Plan includes two service programs: (1) the Early Action Program,
described below, and (11) 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, infrastructure,
and infrastructure maintenance currently provided and available in other parts of the
municipality with topography, land use, and population density similar to the Tract.
FIowever, it is not the intent of this Plan to require that a uniform Level of services be
provided to all areas of the City (including the Tract) where differing characteristics of
topography, land utilization and population density are considered as sufficient basis for
providing differing service levels.
C. Definitions.
1. As used in this Plan, "providing services" includes having services provided by any
method or means by which the City extends municipal services to any other area of
the City. This may include causing or allowing private utilities, governmental
entities and other public service organizations to provide such services, in whole or
part.
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 he provided within the Tract within
the period that meets or exceeds that required by State law. The following services
will be provided in accordance with Standard Policies and Procedures inunediately
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 Department.
b. Fire Protection: The PearIand 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.
c. Emergency Medical Service: The Pearland Emergency Medical Service
(ElvIS) will continue to provide emergency medical service to the Tract under a
contract with the City.
Solid Waste Collection: Service will be provided to eligible property by
private contractor, under contract with the City. To be eligible for City solid
waste collection service, property must have frontage on a public street 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.
f. 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
g.
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.
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:
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.
c. Code Enforcement personnel will enforce the City's housing code and
ordinances against junk motor vehicles, high weeds, unsafe buildings, and
illegal dumping of refuse.
d. Other City Services, to the extent applicable to persons or properties within
the Tract, in accordance with standard policies and procedures will be
provided.
E. Capital Improvement Program
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.
3. 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.
5. Water and Wastewater Facilities: Additional capital improvements are not
necessary at this time to service the tract, The cost of future connections to
available water and sewer lines will be the responsibility of the Tract owners, as it
is within the existing City utility system following standard policies 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 future wastewater
treatment plants built and operated by the City available for the Tract.
The city will make potable water supply from 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 third
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,
or related facilities.
7. Parks, Playgrounds, and Swinuning 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.
IL
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.
III. FORCE MAJEURE
Should a force majeure interrupt the service described. herein, the City will resume services
under this Plan within a reasonable trine 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"
AREA2
METES AND BOUNDS DESCRIPTION
189 ACRES MORE OR LESS OUT OF
LOTS 1, 11, 21, 31, 41 AND 51
SECTION 24, GEORGE C. SIVIITH SURVEY
ABSTRACT 549 AND
LOTS 1, 11, 21, 31, 41 AND 51, SECTION 25
H.T. B. R.R. COMPANY SURVEY, ABSTRACT 245
AND LOTS 1, 11 AND 21, SECTION 26
GEORGE C. SMITH SURVEY, ABSTRACT 550
BRAZORIA COUNTY, TEXAS
EXHIBIT A -1
The above described 189 acres of land, more or Less being generally located in Lots 1, 11, 21, 31
41 and 51, Allison Richey Gulf Coast Home Company Subdivision, Section 24, according to the
plat thereof as recorded in Volume 2, Page 89 Brazoria County Plat Records, George C. Smith
Survey, Abstract 549 and Lots 1, 11, 21, 31, 41 and 51, Allison Richey Gulf Coast Home
Company Subdivision, Section 25, according to the plat thereof as filed in Volume 2, Page 10
Brazoria County Plat Records, H.T. B. R.R. Company Survey, Abstract 245 and Lots 1, 11
and 21, Allison Richey Gulf Coast Home Company Subdivision, Section. 26, according to the
plat thereof as filed in Volume 12, Page 129 Brazoria County Plat Records, George C Smith
Survey, Abstract 550, Brazoria County, Texas; the north line being the south line of City of
Pearland Ordinance No. 826 which is parallel with and 30' south of the north line of Abstracts
549, 245 and 550; the west line being parallel with and 100' east of the west line of said Abstract
549 and being common with City of Pearland Ordinance No. 31 and the east line being common
with City of Pearland Ordinance No. 826 (called to be the west right -of -way line of Pearland
Sites Road (Veterans Drive) based on 60' width);
All that certain 189 acres of land, to be annexed into the City of Pearland and being all or portion.
of Lots 1, 11, 21, 31, 41 and 51, Section 24, George C. Smith Survey, Abstract 549, and being all
of or part of Lots 1, 11, 21, 31, 41 and 51, Section 25, H.T. B. R.R. Company Survey, Abstract
245 and all of or part of Lots 1, 11 and 21, Section 26, George C. Smith Survey, Abshaet 550,
Brazoria County, Texas and being more particularly described by metes and bounds as follows;
Commencing at a point marking the common northwest corner of said Section 24, Abstract 549
and the northeast comer of Section 23, Abstract 290; Thence Easterly 100', more or less, with
the north line of said Abstract 549 to a point for comer; Thence Southerly 30', more or less,
with City of Pearland Ordinance No. 31 and a line 100' east of the west line of said Abstract 549
to the POINT OF BEGINNING of herein described tract;
I. Thence Easterly 13,070', more or less, with the south line of City of Pearland Ordinance
No. 826 which is parallel with and 30' south of the north line of Abstracts 549, 245 and 550
to a point for comer;
2. Thence Southerly 461', more or less, with the common line of City of Pearland Ordinance
No. 826 to a point for corner;
11 421 141 Annexations Area 2 (a l) M&B.doc
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3. Thence Westerly 1,749', more or less, with the south line of the following tracts as filed in
Volume 1323, Page 964 Brazoria County Deed Records and Clerk's File Numbers
2007 063413 and 04- 002923 as filed in the Official Records of Real Property of Brazoria
County to a point for comer marking the southwest coiner of that certain tract as described in
a deed dated 01 -13 -2004 from Elizabeth C. Ashabramrer to Charles R. Gibson, et ux. as filed
in the Official Records of Real Property of Brazoria County at Clerk's File Number
04-002923;
4. Thence Southerly 83', more or less, with the east line of that certain tract as described in a
deed dated 03 -30 -1979 from Roy W. Williams, Jr. and Ruth Williams Cobb to Edgar Griffin,
and Dorothea Griffith as fled in Volume 1453, Page 131 Brazoria County Deed Records to a
point for comer marking the southeast comer of said Griffin tract;
5. Thence Westerly 880', more of less, with the south line of said Griffin tract to a point on
the west line of said Section 26, George C Smith Survey, Abstract 550;
6. Thence Northerly 163', more or less, with the west line of said Abstract 550 to a point for
corner marking the northeast corner of that certain tract as described in a deed dated
09 -14 -1.968 from Frank M. Boyd, et ux to Sammy L. Roeber, et ux. as fled in Volume 1011,
Page 878 Brazoria County Deed Records;
7, Thence Westerly 420', more or less, with the north line of said Roeber tract to a point for
corner marking the northwest coiner of said Roeber tract;
8. Thence Southerly 415', more or less, with the east line of that certain tract as described in a
deed dated 03-31-1989 from Kathleen O'Connell Scott to John Frazier, et al as filed in
Volume (89) 663, Page 307 Brazoria County Official Records to a point for comer marking
the southeast comer` of said Frazier tract;
9. Thence Westerly 884', more or less, with the south line of said Frazier tract and the south
line of said Lots 41 and 51, Section 25, Abstract 245 to a point marking the southwest earner
of that certain tract as described in a deed dated 10 -28 -1988 from Arthur J. Larrivee to Irene
J. Larrivee as filed in Volume (88) 610, Page 462 Brazoria County Deed Records;
10. Thence Northerly 395', more or less, with the west lute of said Larrivee tract to a point for
comer marking the southeast corner of that certain tract as described in a deed dated
09 -21 -2007 from Linda Dooley and David Dooley to Swaminathan R. Bhattar as filed in the
Official Records of Real Property of Brazoria County at Clerk's File Number 2007- 055157;
11. Thence Westerly 423', more or less, to a point on the existing east right -of -way line of
Berry Road (Country Road 879C);
12. Thenee Northerly 28', more or less, with the existing east right of-way line of said Beny
Road to a point for corner;
13. Thence Westerly 546', more or less, with the north line of that certain tract as described in
a deed dated 11 -24 -2009 from U. S. Bank National Association, Trustee to Jacwil, LLC as
filed in the Official Records of Real Property of Brazoria County at Clerk's File Number
2009 053141 to a point for comer marking the northwest comer of said Jacwil tract;
11421 -141 Amesalioos Area 2 (RI) Nl&B.doe
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14. Thence Southerly 422', more or less, with the east line of that certain tract as described in a
deed dated 06 -09 -2004 from Pete Raymond Garcia to Carlos Alfaro as filed in the Official
Records of Real Property of Brazoria County at Clerk's File Number 2004 034290 to a point
for comer marking the southeast comer of said Alfaro tract;
15 Thence Westerly 356', more or less, with the south line of said Alfaro tract and the south
line of said Lot 31, Section 25, Abstract 245 to a point marking the southwest corner of said
Alfaro tract and the southwest corner of said Lot 31, Section 25, Abstract 245;
16. Thence Northerly 299', more or less, with the west line of said Lot 31, Section 25, Abstract
245 to a point for comer marking the northeast comer of that certain tract as described in a
deed dated 12 -14 -2004 from Bernice A. Meyer to Milton F. Meyer as filed in the Official
Records of Real Property of Brazoria County at Clerk's File Number 2004- 074655;
17. Thence Westerly 880', more or less, with the north line of said Milton F. Meyer tract to a
point on the west line of said Lot 21, Section 25, Abstract 245;
18. Thence Northerly 25', more or less, with the west line of said Lot 21, Section 25, Abstract
245 to a point for comer;
19. Thence Westerly 30', more or less, to a point on the west right -of -way line of Wayne Road
(County Road 879B);
20. Thence Northerly 123', more or less, with the west right -of -way line of said Wayne Road
to a point for corner marking the northeast corner of that certain tract as describe in a deed
dated 02 -20 -1998 from Marlene Walden to Mark W. Stolz, et nx. as filed in the Official
Records of Real Property of Brazoria County at Clerk's File Number 98- 007240;
21. Thence Westerly 410', more or less, with the north line of said Stolz tract to a point for
corner marking the northwest corner of said Stolz tract;
22. The Southerly 446', more or less, with the east line of that certain tract as described in a
deed dated 03 -23 -2007 from Jackie Ann Hill to Raymond Allen Hill as filed in the Official
Records of Real Property of Brazoria County at Clerk's File Number 2007- 025890 to a point
for corner marking the southeast corner of said Hill tract;
23. Thence Westerly 1,329', more or less, with the south. line of said Lots 11 and 1, Section 25,
Abstract 245 to a point for comer marking the southwest corner of said Lot 1, Section 25,
Abstract 245;
24. Thence Southerly 5', more or less, with the east line of said Lot 51, Section 24, Abstract
549 to a point for comer marking the southeast comer of said Lot 51;
25. Thence Westerly 903', more or less, with the south fine of said Lot 51 and portion of said
Lot 41 to a point for corner marking the southwest corner of that certain tract as described in
a deed dated 11 -15 -1995 from Eloise L. Williams, et al. to Nguyet T. Doan, et al. as filed in
the Official Records of Real Property of Brazoria County at Clerk's File Number 95- 038285;
26. Thence Northerly 480', more or less, with the west lino of said Doan tract to a point for
corner marking the northeast corner of that certain tract as described in a deed dated
I1- 421 -141 Annexations Area 2 (I U)M &B.doe
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02 -21 -1996 from Nguyet T. Doan, et al. to Phuc V. Mai, et ux. as filed in the Official
Records of Real Property of Brazoria County at Clerk's File Number 96- 005841;
27. Thence Westerly 848', more or less, with the northerly tine of said Mai tract to a point for
comer on the west line of said Lot 41, Section 24, Abstract 459;
28. Thence Northerly 50', more or Iess, with the west line of said Lot 41, Section 24, Abstract
549, to a point for corner;
29. Thence Westerly 647', more or less, with the south line of the following tracts as described
as filed in the Official Records of Real Property of Brazoria County at Clerk's File Number
01- 001248, 2004 054348 and. 93- 044025 to a point for corner marking the southwest corner
of that certain tract as described in a deed dated 12 -03 -1993 from Tom L, Kister, et al. to
Than Tran, et ux as fled in the Official Records of Real Property of Brazoria County at
Clerk's File Number 93- 044025;
30. Thence Southerly 531', more or less, with the east line of that certain tract as described in a
deed dated 06 -18 -1973 from Elo F. Mitchel, Jr., et al. to Houston Lighting and Power as filed
in Volume 1164, Page 313 Brazoria County Deed Records to a point for corner marking the
southeast corner of said Houston Lighting and Power tract;
31. Thence Westerly 1,105', more or less, with the south line of said Lot 21, Section 24,
Abstract 549 to a point marking the southwest corner of said Lot 21;
32. Thence Westerly 880', more or less, with the south line of said Lot 11, Section 24, Abstract
549 to a point for comer marking the southwest comer of said Lot 11.;
33. Thence Southerly 495', more or less, with the east line of said Lot 2, Section 24, Abstract
549 to a point for corner marking the southeast comer of said Lot 2;
34. Thence Westerly 780', more or less, with the south line of said Lot 2 to the east line of City
of Peartand Ordinance No 31 and said point being 100' east of the southwest corner of said
Lot 2;
35, Thence Northerly 1,295', more or less, with City of Pearland Ordinance' No. 31 and a line
100' east of the west line of said Abstract 549 to the POINT OF BEGINNING and
containing 189 acres of land more or Iess.
"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: 11- 421 -141 Annexations Area 2 (RI) M &B,doc
06-22 -2010
REVISED; 06 -28 -2010
11- 421 -141 Ann,x nuns Ana 2 (R1)1t &B400
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EXHIBIT A -2