Ord. 1427 2010-09-27 - FailedORDINANCE NO. 1427
1
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 (126 ACRES OF LAND, MORE OR LESS, NORTH OF
BAILEY ROAD AND EAST OF FM1128 AREA 1); 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
ORDINANCE NO. 1427
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 126 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. 1427
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. 1427
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
TOM REID
MAYOR
PASSED and APPROVED on Second and Final Reading this the day of
A. D., 2010.
TOM REID
MAYOR
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ORDINANCE NO. 1427
APPROVED AS TO FORM:
te-, r
DARRIN M. COKER
CITY ATTORNEY
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EXHIBIT "A"
AREA 1
METES AND BOUNDS DESCRIPTION
126 ACRES MORE OR LESS OUT OF
KANAWHA -TEXAS COMPANY SUBDIVISION
PARTS OF SECTIONS 18 AND 22
GEORGE C. SMITH SURVEY,
ABSTRACT 547 AND ABSTRACT 548
BRAZORIA COUNTY, TEXAS
Exhibit "A"
Ordinance No. 1427
The herein described 126 acres of land, more or less being generally located in Kanawha -Texas
Company Subdivision of Parts of Sections 18 and 22, George C Smith Survey according to the
plat thereof as filed in Volume 02, Page 51 Brazoria County Plat Records, George C. Smith
Surveys, Abstract 547 and 548 Brazoria County, Texas; the south line being the north line of
City of Pearland Ordinance No. 31 and being 100' north of the south line of said Abstracts 547
and 548; the west line being the east line of Reserve "E Sedgefield Section 3 at Silverlake
according to the plat thereof as filed in Volume 20, Page 345 -346 Brazoria County Plat Records;
the east line being the west line of Lot 1, Block 1, Massey Ranch Elementary according to the
plat thereof as filed in Volume 24, Page 353 Brazoria County Plat Records and the west line of
City ofPearland OrdinanceNo. 1036;
All that certain 126 acres of land, more or less, to be annexed into the City of Pearland and being
all or portion of Lots 30, 32, 33, 41, 42, 43, Section 22, of said Kanawha -Texas Company
Subdivision of Parts of Sections 18 and 22, Abstract 548 and portion of Lot 44, Abstract 548 and
all of or portion of Lots 7, 8, 11, 12, 19 and 26 Section 18 of said Kanawha -Texas Company
Subdivision of Parts of Section 18 and 22, Abstract 547; SAVE AND EXCEPT 13.5 acres, more
or less, and being more particularly described by metes and bounds as follows;
Commencing at the original southwest corner of said Massey Ranch Elementary and the
southeast confer of said Lot 12, Section 18, George C Smith Survey, Abstract 547; Thence
northerly 100' with the east Iine of said Lot 12, Section 18 to the POINT OF BEGINNING of
herein described tract and the southwest comer of City of Pearland Ordinance No. 1036;
1. Thence Westerly 7,495', more or less, with the north line of City of Pearland Ordinance
No. 31, said line being 100' north and parallel to the centerline of County Road 101 (Bailey
Road) to apoint for comer on the east line of said Reserve "E
2. Thence Northerly 413', more or less, with the east line of said Sedgefield Section 3 at
Silverlake to a point for corner marking the northwest comer of that certain tract as described
in a deed dated 11 -30 -1981 from Michael Bernard Doherty, et al. to Thomas Joseph Doherty
as fledin Volume 1612, Page 01, Brazoria County Deed Records;
3. Thence Easterly 910', more or less, with the north line of said Doherty tract and the north
line of that certain tract as described in a deed dated 06 -01 -1990 from Michael Bernard
Doherty, et ux. to Vesta R. Bell as filed in Volume (90) 797, Page 714 Brazoria County
Official Records and continuing to a point on the east right -of -way line of County Road 905
for comer;
11.421 -141 Amexalions Area 1(111) M&9.doc
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4. Thence Northerly 147', more or less, with the east right -of -way line of said County Road
905 to a point for comer marking a point on the north lot line of said Lot 42;
5. Thence Easterly 1,290', more or less, with the north line of said Lots 42 and 43 and the
south line of said Lot 41 to a point for corner marking the common northeast comer of said
Lot 43 and the southeast comer of said Lot 41;
6. Thence Easterly 1,320', more or less, with the north line of the following tracts as filed in
the Official Records of Real Property of Brazoria County at Clerk's File Number
2007 027070, Volume (86) 313, Page 783 and Clerk's File Number 2001- 048566 to a point
for comer;
7. Thence Northerly 96', more or less, with the east line of said Lot 44, Abstract 548 to a
point for corner;
8. Thence Southeasterly 63', more or less, with the southerly line of that certain right -of -way
strip within Country Road 89 dedicated by the Plat of Cullen Park Estates according the plat
recorded in Document No. 2009 028809 Brazoria County Plat Records to a point for corner;
9. Thence Northerly 606', more or less, with the east right -of -way line of County Road 89 as
established by said Cullen Park Estates to a point for comer;
10. Thence Easterly 1,262', more or less, with the north line of said Cullen Park Estates to a
point for corner;
11. Thence Southerly 440', more or less, with the east line of said Cullen Park Estates to a
point for comer;
12. Thence Easterly 1,320', more or less, with the north line of the following tracts as
described in Volume 1194, Page 350 and Volume 1160, Page 596 Brazoria County Deed
Records and as filed in the Official Records of Real Property at Brazoria County Clerk's File
Numbers 97- 025936 and 2003 058366 to a point for comer;
13. Thence Southerly 88', more or less, with the east line of said Lot 19 to a point for corner;
14. Thence Easterly 348', more or less, with the north line of that certain tract as described in
a deed dated 05 -09 -1973 from Myrtle Massey Meade to Richard D. Bittick, et us. as filed in
the Volume 1159, Page 810 Brazoria County Deed Records;
15. Thence Southerly 132', more or Less, with the east line of said Bittick tract to a point fo
corner;
16. Thence Easterly 330', more or less, with the north fine of said Lot 11 to a point marking
common the northeast comer of said Lot 11 and the northwest comer of said Lot 12;
17. Thence Northerly 330', more or less, with the common line of said Lots 7 and 8, Section 18
to a point for corner,
11- 424141 Annexations Area I (R1) M &B.doe
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18. Thence Easterly 660', more or less with the south line of that certain tract as described in a
deed date 02 -20 -2001 from Norman W, Hicks, Sr., et ux. to Jose A Lozano, et al. as filed in
the Official Records of Real Property of Brazoria County at Clerk's File Number 01- 007794
to a point For corner;
19. Thence Southerly 901', more or less, with the west line of said' Massey Ranch Elementary
and the west line of said City of Pearland Ordinance No. 1036 to the POINT OF
BEGINNING and containing 126 acres of and mere or less. SAVE AND EXCEPT 13.5
acres, more or less, that is within that certain tract as described in a deed dated 12 -21 -1990
from Pearland State Bank to Norman W. Hicks, Sr., et ux. as fired in Volume (9l) 865, Page
818 Brazoria County Official Records
"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. I9(9).
Compiled by:
C.L. Davis Company
Job Number: 11- 421 -141 Annexations Area 1 (RI))M &B.doc
06 -25 -2010
REVISED. 06 28 -2010
1t- 12i -t41 Anaexadons Arm 1 (R1) 41&ada:
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CITY OF PEARLAND, TEXAS
Exhibit "B"
Ordinance No. 1427
SERVICE PLAN FOR AREA 1: 126 acres, approximately (5,488,560 square feet) of
land located east of east line of "Reserve "E" of the Sedgefield Section 3 at Silverlake, north
along Bailey Road to the west line of Massey Ranch Elementary, limits encompassing 126 acre
in Brazoria County, Texas.
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 126 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: EFFECTIVEDAIE
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: (I) 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, infrashucture,
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.
However, 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
L. Statutory Services. The statutory services will be 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 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 Deportment.
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.
c. Emergency Medical Service: The Pearland 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,
f. Operation and ivlaintenance 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:
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 cun
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 hnprovernent Program
As necessary, the City will initiate the construction of certain capital improvements
necessary fnrproviding 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 figure 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 fi om 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 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.
II. 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,
1JI. FORCE MAJEURE
Should 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.
N. 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"
AREA I
IVLETES AND BOUNDS DESCRIPTION
126 ACRES MORE OR LESS OUT OF
KANAWHA -TEXAS COMPANY SUBDIVISION
PARTS OF SECTIONS 18 AND 22
GEORGE C. SMITH SURVEY,
ABSTRACT 547 AND ABSTRACT 548
BRAZORIA COUNTY, TEXAS
EXHIBIT A 1
The herein described 126 acres of land, more or less being generally located in Kanawha -Texas
Company Subdivision of Parts of Sections 18 and 22, George C. Smith Survey according to the
plat thereof as filed in Volume 02, Page 51 Brazoria County Plat Records, George C. Smith
Surveys, Abstract 547 and 548 Brazoria County, Texas; the south line being the north line of
City of Pearland Ordinance No. 31 and being 100' north of the south line of said Abstracts 547
and 548; the west line being the east line of Reserve "E Sedgefield Section 3 at Silverlake
according to the plat thereof as filed in Volume 20, Page 345 -346 Brazoria County Plat Records;
the east line being the west line of Lot 1, Block 1, Massey Ranch Elementary according to the
plat thereof as filed in Volume 24, Page 353 Brazoria County Plat Records and the west line of
City of Pearland Ordinance No. 1036;
All that certain 126 acres of land, more or less, to be annexed into the City of Pearland and being
all or portion of Lots 30, 32, 33, 41, 42, 43, Section 22, of said Kanawha -Texas Company
Subdivision of Parts of Sections 18 and 22, Abstract 548 and portion of Lot 44, Abstract 548 and
all of or portion of Lots 7, 8, 11, 12, 19 and 26 Section 18 of said Kanawha -Texas Company
Subdivision of Parts of Section 18 and 22, Abstract 547; SAVE AND EXCEPT 13.5 acres, more
or less, and being more particularly described by metes and bounds as follows;
Commencing at the original southwest corner of said Massey Ranch Elementary and the
southeast corner of said Lot 12, Section 18, George C Smith Survey, Abstract 547; Thence
northerly 100' with the east line of said Lot 12, Section 18 to the POINT OF BEGINNING of
herein described tract and the southwest comer of City of Pearland Ordinance No. 1036;
1. Thence Westerly 7,495', more or Iess, with the north line of City of Pearland Ordinance
No. 31, said line being 100' north and parallel to the centerline of County Road 101 (Bailey
Road) to a point for corner on the east line of said Reserve "E";
2. Thence Northerly 413', more or less, with the east line of said Sedgefield Section 3 at
Silverlake to a point for corner marking the northwest corner of that certain tract as described
in a deed dated I1 -30 -1981 from Michael Bernard Doherty, et al. to Thomas Yoseph Doherty
as filed in Volume 1612, Page 01, Brazoria County Deed Records;
3. Thence Easterly 910', more or less, with the north line of said Doherty tract and the north
line of that certain tract as described in a deed dated 06 -01 -1990 from Michael Bernard
Doherty, et ux. to Vester R. Bell as filed in Volume (90) 797, Page 714 Brazoria County
Official Records and continuing to a point on the east right -of -way line of County Road 905
for corner;
1 L- 421 -141 A,m,xotioos A,ea 1 (RI) MI &B.doc
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4. Thence Northerly I47', more or less, with the east right -of -way line of said County Road
905 to a point for comer marking a point on the north lot line of said Lot 42;
5. Thence Easterly 1,290', more or less, with the north line of said Lots 42 and 43 and the
south line of said Lot 41 to a point for comer marking the common northeast corner of said
Lot 43 and the southeast comer of said Lot 41;
6. Thence Easterly 1,320', more or less, with the north line of the following tracts as filed in
the Official Records of Real Property of Brazoria County at Clerk's File Number
2007 027070, Volume (86) 313, Page 783 and Clerk's File Number 2001-048566 to a point
for corner;
7. Thence Northerly 96', more or less, with the east line of said Lot 44, Abstract 548 to a
point for corner;
8. Thence Southeasterly 63', more or less, with the southerly line of that certain right -of -way
strip within Country Road 89 dedicated by the Plat of Cullen Park Estates according the plat
recorded in Document No. 2009- 028809 Brazoria County Plat Records to a point for comer;
9. Thence Northerly 606', more or less, with the east right -of -way line of County Road 89 as
established by said Cullen Park Estates to a point for comer;
10. Thence Easterly 1,262', more or less, with the north line of said Cullen Parlc Estates to a
point for corner
11. Thence Southerly 440', more or less, with the east line of said Cullen Park Estates to a
point for comer;
12. Thence Easterly 1,320', more or less, with the north line of the following tracts as
described. in Volume 1194, Page 350 and Volume 1160, Page 596 Brazoria County Deed
Records and as filed in the Official Records of Real Property at Brazoria County Clerk's File
Numbers 97- 025936 and 2003 058366 to a point for COMM;
13. Thence Southerly 88', more or less, with the east line of said Lot 19 to a point for corner;
14. Thence Easterly 348', more or less, with the north line of that certain tract as described in
a deed dated 05 -09 -1973 from Myrtle Massey Meade to Richard D. Bittick, et ux. as filed in
the Volume 1159, Page 810 Brazoria County Deed Records;
15. Thence Southerly— 132', more or less, with the east line of said Bittick tract to a point for
comer;
16. Thence Easterly 330', more or less, with the north line of said Lot 11 to a paint marking
common the northeast comer of said Lot 11 and the northwest corner of said Lot 12;
17. Thence Northerly 330', more or less, with the common line of said Lots 7 and 8, Section 18
to a point for corner,
11- 421 -141 Annexafious Area I (RI }M &B.doc
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18. Thence Easterly— 660', more or less with the south line of that certain tract as described in a
deed date 02 -20 -2001 from Norman W. Flicks, Sr., et ux. to Jose A Lozano, et al. as filed in
the Official Records of Real Property of Brazoria County at Clerk's File Nurr[ber 01- 007794
to a point for corner;
19. Thence Southerly 901', more or less, with the west line of said Massey Ranch Elementary
and the west line of said City of Pearland Ordinance No. 1036 to the POINT OF
BEGINNING and containing 126 acres of land more or leas. SAVE AND EXCEPT 13.5
acres, more or less, that is within that certain tract as described in a deed dated 12 -21 -1990
from Pearland State Bank to. Norman W. Hicks, Sr., et ux. as filed in Volume (91) 865, Page
818 Erazoria County Official Records
"This document was prepared under 22 TAC 663.21, does not reflect the results of an on the
ground survey, and is not he 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 Ntimber: 11- 421 -141 Annexations Area 1 (Rl)M &B doc
06 -25 -2010
REVISED: 06 -28 -2010
11421-141 AMCxattnnv Arta 1 (a1) Meal. doe
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