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R86-07 02-10-86RESOLUTION NO. R86-7 A RESOLUTION OF THE CITY OF PEARLAND, TEXAS, GIVING CONSENT TO THE CREATION OF A MUNICIPAL UTILITY DISTRICT WITHIN ITS EXTRATERRITORIAL JURISDICTION WHEREAS, Section 54.016, V.T.C.A., Texas Water Code, as amended, provides that no land within the Corporate limits of a City or within the extraterritorial jurisdiction of a City, shall be included within a Municipal Utility District unless the City grants its written consent, by resolution or ordinance, to the inclusion of the land within a district; and WHEREAS, the City Council of the City of Pearland, Texas, hereby affirmatively finds and determines, that there exists within the extraterritorial jurisdiction of the incorporated City of Pearland, Brazoria County, Texas, an area in which the land- owners have requested that a Municipal Utility District be created; and WHEREAS, District Section 59, having all Water Code, it is now contemplated that such Municipal Utility shall be organized under the authority of Article XVI, of the Texas Constitution and in accordance with and the powers provided by Chapter 54, Title 4, Texas as amended; and WHEREAS, it is proposed that said political subdivision shall be known as Brazoria County Municipal Utility District No. 6 Of Brazoria County, Texas; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: 1. That all of the matters and facts set forth in the preamble hereof are true and correct. 2. That upon the following terms and conditions the City Council of the City of Pearland, Texas, hereby specifically gives its written consent, as provided by Section 54.016, Texas Water Code, as amended, to the creation of a Municipal Utility District within the extraterritorial jurisdiction of said City. Said Municipal Utility District shall be created by authority of Article XVI, Section 59, Texas Constitution, and in accordance with the provisions of Chapter 54, Texas Water Code, as amended. The Municipal Utility District shall be named Brazoria County Municipal Utility District No. 6, the boundaries of such District being described by metes and bounds in Exhibit "A", attached hereto and made a part hereof for all purposes. 3. Except to the extent herein set forth, the consent herein granted is conditioned upon the terms, conditions and covenants as follows: (a) That the aforedescribed Municipal Utility District, and all owners or developers within said District, shall abide and adhere to all of the terms and conditions set forth in Exhibit "B" attached hereto and made a part hereof for all purposes; and (b) That the District shall issue bonds, warrants or other debt obligations, in the manner and to the extent authorized by the Constitution and laws of the State of Texas, for the purpose of providing fire protection services to the residents of the District when it is determined by the City and the District issuing such bonds, warrants or other debt obligations that such services are needed for the health, safety and general welfare of the residents of the District; and (c) That the owner or developer of the land within the boundaries of Brazoria County Municipal Utility District No. 6 will covenant and agree that he, they, or it, will develop said areas within said District in accordance with the following development criteria, to-wit: (1) That all areas within the aforenamed District shall be developed in general accordance with the Conceptual Plan and Density Ratios set forth on the Conceptual Plan attached hereto as Exhibit "C" and made a part of this resolution for all intents and purposes. (2) That the owner or developer shall not develop the property in such a manner as to exceed a total BRAZ6/L -2- number of dwelling units per acre or its equivalent for each land use designated based upon the following: 21.78 dwelling units per acre for multi-family resi- dential development; 15 dwelling units per acre for townhome residential development; 8 dwelling units per acre for patio home development; and 4.5 dwelling units per acre for single family residential development. (3) That all developed lots intended for use as single family detached dwellings shall be of a minimum size of sixty feet (60') in width and one hundred five feet (105') in depth, and all lots fronting on any cul- de-sac street shall have a minimum front width of not less than thirty-five feet (35'), and a total square foot lot area of not less than 6,300 square feet. 4. That the City hereby expressly covenants and agrees that annexation of the property in the District by the City of Pearland shall not occur (a) prior to (i) the installation of facilities by the District sufficient to serve ninety percent (90%) of the total aggregate number of equivalent dwelling units of the District calculated at the maximum densities established in the Conceptual Plan as approved by the City of Pearland and (ii) the issuance of bonds in an amount sufficient to finance the facilities required by the preceding phrase or (b) until the fifteenth (15th) anniversary date hereof, whichever shall first occur. 5. That this Resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Pearland and it is accordingly so resolved. BRAZ6/L -3- at a e it ou 1 required by law. ATTEST: City~cre~tar~ CITY OF PEARLAND, TEXAS BY~Mayo~r,C/~ityof~piarland, Texas APPROVED AS TO CONTENT: ATTEST: Typed Name: PAT~C~A G. K[E~M Title: ASSISTANT SECRETARY Title BAYPOINTE INVESTMENTS, INC. By: ~ Typed Name: RICHARD E. DOVER Title: PRESIDENT BRAZ6/L -4- (4.1 BRAZORIA COI:NTY MUNICIPAL UTILITY L .-6TRICT NO . 6 H . T. & B . R. R. CO . SURVEY ( A-539 ) SECTION 86 H. T. & B . R. R . CO . SURVEY ( A- 300 ) SECTION 81 A tract of land situated in the State of Texas , County of Brazoria, containing 391, 5114 acres of land , and being the land contained within the Brazoria County Municipal Utility District No . 6 , being out of a tract of land now or foir.erly owned by Gen- eral Humes Corporation ; said tract herein being described being out of the Northwest 1/4 of the H . T . & B . R . R . Co . Survey, A- 539, Section 86, and the Northeast 1 /4 of the H. T. & B . R. R. Co . Survey, A-300 , Section 81 , and being more particularly described by metes and bounds as follows . All control is • referred to the Texas Plane Coordinate System, La;lbert Projec- tion , South Central Zone. BEGINNING at a point for corner , being the Northeast corner of the tract herein being described, having a Texas plane coordinate value of X=3 , 152 , 481 . 57 ; Y=644 , 112 . 93 , and being at its inter- section with the Southerly right-of-way boundary of Texas State Farm-Market Highway No. 3344 (CR-92) , and being referenced in two calls from the Northwest corner of the afore mentioned H. T. & B . R. R . Co . Survey, A-539, Section 86 , as follows : N86' 27 ' 18"E , 3 , 079 . 30 feet and S03' 16' 55"E , 101 . 27 feet to said POINT OF BEGINNING . THENCE along the East boundary of the tract herein being described as follows : S03 16 ' 42"E, 1271 . 28 feet to a point for corner, N86" 27 ' 18"E , 220. 06 feet to a point for corner, S03° 16 ' 42"E, 1273 . 13 feet to a point for corner, S86' 43 ' 18"W, 660 . 00 feet to a point for corner , and S03' 12 ' 50"E , 2 , 640 . 77 feet to a point for corner, being the most Southerly Southeast corner of the tract herein being described, and being in the centerline of County Road No. 59 , having a right-of-way width of 60 feet . THENCE S86° 25 ' 06"W, 2 , 638. 53 feet along the Southerly boundary of this tract , and along the centerline of the above mentioned County Road No . 59, and being also the Southern boundary of the afore mentioned H . T. & B . R. R. Co . Survey , A-539 , Section 86, common with the Northerly boundary of the A . C . H . & B . R. R. Co . Survey , A-415 , Section 87 , to a point for corner , being the most Southerly Southwest corner of this tract , and being also at its intersection with the centerline of County Road No. 94 , having a right-of-way width of 40 feet . THENCE NO3' 14 ' 49"W , 2644 . 07 feet along the West boundary of this tract , being also the West boundary of the afore mentioned H . T . & B . R . R. Co . Survey , A-539 , Section 86 , and along the centerline of the above mentioned County Road No . 94 , to a point for corner . • THENCE S86' 36' 19"W, 878. 15 feet along a Southerly boundary of this tract , and being also the centerline of a dedicated county road ( unopened) , having a right -of-way width of 40 feet , to a point for corner , being the most Westerly Southwesterly corner of this tract , marked by a 5/8" iron rod ( found ) , and being at its intersection with the Easterly right-of-way boundary of State Highway No . 288 , having a right-of-way width of 420 feet . EXHIBIT . . • THENCE along a Westerly boundary *of this tract , being co :r.on with the above mentioned right -of-way boundary of said TPNas State Highway No. 288 , as follows : , * NO3" 20 ' 54"W, 1 , 404 . 07 feet to a point of curvature (P. C . ) Along an arc to the right , having a central angle of 50' 30 ' 00" ( right ) , based on a radius of 996. 45 feet , an arc length of 878 . 26 feet , and having a chord call of N21 ' 56' 43"E , 850 . 11 feet to a point of tangency ( P. T . ) N47° 13 ' 33"E , 99 . 65 feet to a point of curvature (P. C . ) Along an arc to the left , having a central angle of 37° 40 ' 00" ( left ) , based on a radius of 446 . 46 feet , an arc length of 293 . 51 feet , and having a chord call of N28° 24 ' 33"E, 288 . 25 feet to a point of tangency (P . T . ) and N44° 57 ' 33"E , 148. 96 feet to a point for corner at its intersection with the Southerly right-of-way boundary of Texas State Farm-Market Highway No. 3344 . THENCE along a Northerly boundary of this tract , common with the above mentioned Southerly right-of-way boundary of Texas State Farm-Market Highway No. 3344 , as follows : N86° 09' 05"E , 88 . 85 feet to a point for corner marked by a highway right-of-way concrete marker ( Found) S48' 03 ' 22"E , 70 . 68 feet to a point for corner marked by a highway right-of-way concrete marker ( found) N86° 49' 20"E , 59. 58 feet to a point for corner N41 ° 54 ' 24"E , 70 . 71 feet to a point for corner N86 48' 20"E , 82 . 71 feet to a point of curvature (P. C . ) Along an arc to the right , having a central angle of 07° . 00' 00" ( right ) , based on a radius of 1 , 849. 86 feet , an arc length of 226 . 00 feet , and having a chord call of S89' 46' 39"E , 225 . 86 feet to a point of tangency (P . T. ) S86° 16 ' 40"E , 66 . 76 feet to a point of curvature (P. C . ) Along an arc to the left , having a central angle of 070 16' 03" ( left ) , based on a radius of 1 , 969 . 86 feet , an arc length of 249 . 86 feet , and having a chord call of S89' 54 ' 40"E , 249 . 69 feet to a point of tangency (P . T . ) , N86° 27 ' 18"E , 2 , 386 . 09 feet to the POINT OF BEGINNING containing 391 . 5114 acres of land . //17.7 WITNESS MY HAND AND SEAL THIS THEy_ DAY OF__ 444/ __ , 1985 . -- OF i . / t1„....., --• :-. :. : •''..• -:-.P AO"' . 1.,---,.; ...? , . • - -- . I BILL ' R. Ffo TER 1:.--.,32,: .-'iz-I Registere• Public Surveyor No. 1609 -*:— :, .. . ..,_. ... . 9 • 0 -,0.1•0 ,,,. ---.. •-• ' ow MUNICIPAL SURVEYING COMPANY, INC . -- • Div . of of Billy R . Foster & Associates Surveying , Inc . 3425 Federal Pasadena , Texas 77504 PHONE ( 713 ) 941-0070 JOB NO . 1122-85 • • DESCRIPTION OF TRACT 2 Being 136. 8106 acres of land lying and being situated in the T.C.R.R. Co. ' Survey, Section 4, Abstract 675, and the H. T. & B.F.R. Co. Survey, Section 85, Abstract 304, Brazoria County, Texas, and being a portion of Lots 1 , 2 and 3, Block 24, a portion of Lots 2 and 3, Block 25, a portion of Lot 2, Block 23 . and a portion of Lot 4, Block 22, of Allison-Richey Gulf Coast Home Company' s Subdivision, according to plat recorded in Volume 2, Page 99, Plat Records of Brazoria County, Texas, and all of Lots 7, 8, 9, 10, 17, 18, 19 and 20 of the Allison-Richey Gulf Coast Home Company' s Subdivision according to a plat recorded in Volume 2, Page 107 of the Plat Records of Brazoria County, Texas; said 136. 8106 acres of land being more particularly described by metes and bounds as follows; (all control is referred to the Texas Plane Coordinate System, Lambert Projection, South Central Zone) : BEGINNING at a 5/8 inch iron rod set in the centerline of County Road 94, also being the Northeast corner of that certain tract conveyed to the State of Texas recorded in Volume 1386, Page 705 of the Deed Records of Brazoria County, Texas, having a Texas Plane Coordinate value of X=3, 149, 396.489, Y=644, 129. 940, also being located North 110.00 feet from its intersection with the centerline of the County Road 92, now F.M. Highway 518, (F.M. 518) , which is the Southeast corner of said Lot 3, Block 24, also being the Southwest corner of Lot 10 of the Allison-Richey Gulf Coast Home Company' s Subdivision, recorded in Volume 2, Page 107 of the Plat Records of Brazoria County, Texas; THENCE South 86°44' 56" West with the North line of said State of Texas Tract , a distance of 40. 00 feet to an angle point in the South line of the herein described tract, also being an angle point in said State of Texas Tract , from said point a concrete monument was found 0.68 feet North; THENCE South 41 °44' 56" West with the Northwest line of said State of Texas Tract, a distance of 70.71 feet to its West corner being in the North Right-Of-Way line of said F. M. 518, from which a concrete monument was found 0. 2 feet North and 0. 4 feet West ; THENCE South 86°44' 56" West with the North line of said F. M. 518, a distance of 88. 15 feet , (called 87.91 feet) , to a concrete monument found for corner , being an angle corner of a State of Texas Tract conveyed in Volume 1077, Page 126 of the Deed Records of Brazoria County, Texas; THENCE North 51 °42' 56" West with the Northeast line of said State of Texas Tract , a distance of 149. 32 feet , (called 148.96 feet) , to a concrete : monument found for corner in its Northeasterly line; THENCE continuing along the Northeasterly line of said State of Texas Tract , with a curve to the left having a radius of 446. 46 feet , a delta angle of 36°52' 50" , an arc length of 287. 38 feet and a chord bearing of North 34°37'22" West , a distance of 282. 45 feet to a concrete monument found for corner ; THENCE continuing Northerly with said Northeasterly line of said State of Texas Tract , with a curve to the right having a radius of 1091 .35 feet , a delta angle of 55°51 ' 50" , an arc - length of 1064. 08 feet and a chord bearing of North 25°05' 46" West , a distance of 1022. 43 feet to a concrete monument found for corner; Page 1 of 3 j • DESCRIPTION (':ont' d. ) THENCE continuing Northerly with the Easterly line of said State of Texas Tract, with a curve to the right having a radius of 11, 249. 16 feet, a delta angle of 00' 10' 06" , an ars: length of 33. 07 feet and a chord bearing of North 02'55' 12" East, a distance of 33.07 feet to a concrete monument found for corner ; THENCE North 03'00' 15" East along the East Right-Of-Way line of State Highway 288, a distance of 1554. 85 feet , (called 1555. 68 feet ) , to a 1 inch iron pipe found for corner in the North line of said Lot 2, Block 25; THENCE North 86'44' 56" East with the North line of said Lot 2, at 624. 43 feet , (called 626. 70 feet) , passing a 5/8 inch iron rod set in the West Right-Of-Way line of said County Road 94, and continuing in all a total distance of 644. 43 feet to a 5/8 inch iron rod set for corner in the Northeast corner of said Lot 2, Block 25, in the centerline of said County Road 94; THENCE South 03° 15' 04" East with the East lines of said Lots 2 and 3, Block 25, a distance of 610. 71 feet to the Northwest corner of said Lot 7; THENCE North 86°41 ' 20" East along the North lines of said Lots 7 and 17, a distance of 1759. 24 feet to the Northeast corner of said Lot 17; THENCE South 03' 19' 47" East along the East lines of said Lots 17, 18, 19 and 20, a distance of 2289.97 feet to a point for corner in the North Right-Of-Way line of said F.M. 518; THENCE with the North line of said F.M. 518, South 86'27' 18" West , a distance of 880.00 feet to a 3/8 inch iron rod for corner; THENCE with the North line of said F. M. 518, South 86'28' 53" West, a distance of 188. 64 feet to a point for corner , being the East corner of above mentioned State of Texas Tract recorded in Volume 1386, Page 708 of the Deed Records of Br az or i a County, Texas, from which a concrete monument was found 0. 6 feet South and 0. 1 feet East , also another concrete monument was found 119.40 feet South; THENCE continuing Westerly with the North line of said State of Texas Tract , with a curve to the right having a radius of 1849. 86 feet , a delta angle of 07° 16' 03" , an arc length of 234. 64 feet, and a chord bearing North 89°53' 06" West, a distance of 234.48 feet to a point for corner in same, from which a concrete monument was found 0. 6 feet South and 0. 1 feet West ; THENCE continuing Westerly' with the North line of said State of Texas Tract , North 86° 15' 04" West , a distance cif 66. 76 feet to a point for corner , from which a concrete monument was found 1 .8 feet South and 0. 2 feet West ; THENCE with the North line of said State of Texas Tract , with a curve to the left having a radius of 1969. 86 feet , a delta angle of . 07'00' 00" , an arc length of 240. 66 feet and a chord bearing North 89'45' 04" West , a distance of 240. 51 feet to a point for corner in same, from which a concrete monument was found . 44 feet North and 6. 18 feet East ; Page 2 of 3 ti Cul) (") . DESCRIPTION (w=ont' d. ) THENCE continuing with the North line of said State of Texas Tract, South 86.44' 56" West, a distance of 83. 35 feet to a point for corner, from which a concrete monument was found 0. 43 feet South and 0. 46 feet West; THENCE North 48.15' 04" West with the Northeast line of said State of Texas Tract, a distance of 70. 71 feet to a point for corner, from which a concrete monument was found 0.9 feet South and 1 .2 feet , West, being the most Northerly Northeast corner of said State of Texas Tract ; THENCE continuing with the North line of said State of Texas Tract, South 86°44' 56" West a distance of 20.00 feet to the PLACE OF BEGINNING of the herein described tract, and containing within these calls 136.8106 acres of land. WITNESS MY HAND AND SEAL T'4 1���F•! DAY OF JULY, 1985 • •�r BILLYR. FOSTER BILLY . FOSTER GB',Psi:rc*t�'��� Registered Public Surve /tit:pit-00 MUNICIPAL SURVEYING COMPANY, INC. Div. of Billy R. Foster & Associates Surveying, Inc . 3425 Federal Pasadena, Texas 77504 Phone: (713) 941-0070 • JOB NO. 1036-85 WS #1-B: 1036-85 • • • • Page 3 of 3 (41111 EXHIBIT "B" Petitioner requests consent for the inclusion of the aforesaid lands in a municipal utility district under the following conditions: (a) Bonds: Bonds may be issued by the District only for the purpose of purchasing and constructing, or purchasing or constructing, or under contract with the City of Pearland, or otherwise acquiring waterworks systems , sanitary sewer systems, sewage treatment facilities, storm sewer systems and drainage facilities, or parts of such systems or facilities , and to make any and all necessary purchases, construction, improvements, extensions , additions and repairs thereto, and to purchase or acquire all necessary lands, right-of-way easements, sites, equipment, buildings, plants, structures and facilities therefor, and to operate and maintain same, and to sell water, sanitary sewer, and other services within or without the boundaries of the District. All District bonds shall expressly provide that the District shall reserve the right to redeem said bonds on any interest payment date subsequent to the tenth (10th) anniversary of the date of issuance at a premium not to exceed two and one-half percent (21%) of par value reducing one-half (}) of one percent of par value each year thereafter to par value. Bonds (other than refunding bonds and bonds sold to a federal or state agency) shall be sold only after the taking of public bids therefor, and no bonds shall be sold for less than ninety-five percent (95%) of par, provided the net effective interest rate on bonds so sold, taking into account any discount or premium as well as the interest rate borne by such bonds, shall not exceed two percent (2%) above the highest average interest rate reported by the "Daily Bond Buyer" in its weekly "20 Bond Index" during the thirty-day period next preceding the date of notice of sale of the bonds. Bids for the bonds will be received not more than forty-five (45) days after notices of sale of the bonds is given. The order or resolution of the District authorizing the issuance of all refunding bonds of the District shall be approved by the City Council of the City. The District' s order or resolution authorizing the issuance of its bonds will contain a provision that the pledge of the revenues from the operation of the District' s water and, sewer and/or drainage system to the payment of the District' s bonds will terminate when and if the City of Pearland, Texas, or some other city annexes the District, takes over the assets of the District and assumes all of the obli- gations of the District. No land will be added or annexed to the District until the City of Pearland has given its written consent by resolution of the City Council to such addition or annexation. (b) Plans and Specifications: Before the commencement of any construction within the District, the District, its directors , officers or the developers and landowners shall submit to the City or its designated representative all plans and specifications for the construction of water, sanitary sewer and drainage facilities to serve such District and obtain the approval of such plans and specifications by the City. All water wells , water meters, flush valves, valves, pipes, and appurte- nances installed or used within the District shall conform exactly to the specifications of the City. All water service lines and sewer service liens, lift stations , sewage treatment facilities, and appurtenances thereto, installed or used within the District shall comply with the City' s standard plans and specifications. Prior to the construction of such facilities within the District, the District, or its engineer, shall give written notice to the City stating the date that such construction will be commenced. The construction of the District' s water, sanitary sewer and drainage facilities shall be in accordance with the approved plans and specifications and with applicable standards and specifications of the City, and during the progress of the construction and installation of such facilities, the City or an employee, or a designated agent thereof, may make periodic on-the-ground inspections . As a further definition of the terms used in this paragraph, specific mention of the fact is made that "plans and specifications, " "standard plans and specifications, " "approved plans and specifi- cations, " or "applicable standards and specifications" are defined to mean and to require City approval only of the method of construction and types of materials to be employed therein by the District and are not meant to limit the discretion of the Board of Directors of the District to determine what facilities may be constructed, paid for and maintained by the District. (c) Plat Approval: The owner or developer of the land within the District shall covenant and agree that he or they will, prior to the sale of any residential lot, obtain the approval of the Planning and Zoning Commission and the City Council, if normally required, of a plat thereof and properly record it in the deed records. The District will not provide water and sewer service to a residential lot unless the plat covering such lot has been approved by the Planning and Zoning Commission and the City Council. (d) Inspection and Reports: Full-time resident inspection shall be provided during the construction period by District inspectors. In addition, an additional inspector or inspectors shall be furnished at City expense, if deemed necessary by the City Engineer. Daily inspection reports will be kept on file by the District' s engineer. Monthly inspection reports shall be furnished to the City. Except as provided by law, all construction contracts shall be let on a competitive bidding basis with the contract to be awarded on the basis of the lowest and best bid by a responsible competent contractor, unless other- wise approved by the City, which shall include evidence of the financial condition of the bidders. Bid bonds, payment bonds, performance bonds and affidavits of payment shall in all cases be required. Upon completion of construction, submission of a complete set of "as-built" plans to the City by the Engineer for the District shall be required. (e) Initial Board: At least one of the persons nominated for appointment by the Texas Water Commission as temporary directors of the District shall be a person selected by the City Council. (f) Bond Escrow: The District shall not be permitted to escrow any funds in excess of two (2) years interest on the bonds which the District issues and shall levy a tax simultaneously with the first installment of such bonds and will continue a tax levy until such bonds are paid in full, unless the revenues of the system are adequate to discharge such bonds. (g) Bond Sales: Prior to the sale of any series of District bonds, the District shall secure a letter of the Mayor to the effect that the District is in compliance with this Article, and a letter of the Mayor addressed to the Attorney General of Texas approving or objecting to the issuance of any bonds of the District. Such letters of the Mayor shall be given within a reasonable time upon request. (h) Utility Rates : The District will use its best efforts to charge rates for water and sewer service not less than the - rates charged by the City to its customers . However, the nature and amount of such rates shall be within the sole and exclusive discretion of the Board of Directors of the District. (i) City Recommendations: The City of Pearland, acting through the Mayor and the City' s financial advisor, will make recommendations to the Board of Directors of the District and its BRAZ6/L2 -2- a< financial advisor as to the amount of bonds that shall be authorized, the installment sale of such authorization, the maturity schedule of each installment, the optional provisions to be contained in such bonds, and the sale and delivery of the District bonds. However, the District shall be under no obli- gation to obtain or comply with City recommendations prior to sale. (j) Utility Operations: The District will have its water and sewer system operated and maintained by the City, if both the City and the District can agree upon mutually satisfactory terms and conditions. (k) Deposit: Within six (6) months after consent to the creation of a District is given by the City or within six (6) months after the District holds a bond election, whichever is later, the District -shall pay or cause to be paid Twenty Thousand and No/100 Dollars ($20 ,000 . 00) to reimburse the City for all of its actual fiscal, legal and engineering fees and expenses relating to: (1) necessity and feasibility of the creation of the District; (2) the financial advisory services described in Subsection (i) hereof; (3) the City' s review of plans and speci- fications of the District' s facilities; and (4) supervision of inspection of the District' s facilities . The District shall also be obligated to pay additional actual expenses incurred by the City for the foregoing not to exceed the additional sum of Five Thousand and No/100 Dollars ($5,000 . 00) . Such sum shall be used by the City for the purpose of paying said costs incurred for that purpose. If any part of the deposit is not needed for the purpose of paying such fees and expenses, it shall be returned forthwith to the District. No interest will be allowed on any deposit. It is understood that the fees and expenses paid will be those actually incurred by the City and the City will make an accounting to the District. The persons requesting the City's consent to the creation of a District shall be obligated to guarantee the payments imposed upon a District as set forth in this Subsection. BRAZ6/L2 -3- 41.1 ` PETITION FOR CONSENT TO INCLUDE LAND IN A MUNICIPAL UTILITY DISTRICT TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF PEARLAND: WHEREAS, the City Council of the City of Pearland, Texas, adopted Resolution No. R83-13 on June 27, 1983 , in which the City of Pearland granted its consent to the creation of Brazoria County Municipal Utility District No. 6 relative to 173 .89 acres, more or less, on the terms and conditions therein provided; and WHEREAS, Brazoria County Municipal Utility District No. 6 has not, to date, been created; and WHEREAS, subsequent to June 27, 1983 , ownership of the lands sought to be included in the District has changed and the under- signed, hereinafter called "Petitioner" , whether one or more, holds title to a majority in value of the lands hereinafter described; and WHEREAS, the area of land sought to be included in Brazoria County Municipal Utility District No. 6 has been increased to 528 . 322 acres, more or less; NOW, THEREFORE, Petitioner respectfully petitions the City Council of the City of Pearland, Texas, to repeal Resolution No. 83-13, adopted on June 27, 1983 . Petitioner, being the holder of title to a majority in value of the lands hereinafter described, as such values are indicated by the tax rolls of Brazoria County, Texas, acting pursuant to the provisions of Section 54 . 016, Texas Water Code, respectfully petitions for the inclusion of land in a municipal utility district, hereinafter called "District" , within the terms and provisions of Section 59 , Article XVI, Constitution of Texas. In support of this petition for consent to include said lands within the District, Petitioner shows as follows: I. The name of the District will be BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 6 . II . The area of the land to be included in the District contains 528 .322 acres, more or less, and lies wholly within Brazoria County, Texas . No part of said area is within the limits of any incorporated city or town. Under the provisions of the Municipal Annexation Act (Article 970a, V.T.C.S. ) , said area is within the extraterritorial jurisdiction of the City of Pearland and is not within such jurisdiction of any other city. III . The land, described by metes and bounds, sought to be included within the area of the District, is described in Exhibit "A" attached hereto. IV. • The District will be organized for the purposes of and the general nature of the work proposed to be done shall be the purchase, construction, acquisition, repair, extension and improvement of land, easements, works, improvements, facilities, plants, equipment and appliances necessary to: (1) provide a water supply for municipal uses , domestic uses and commercial purposes; (2) collect, transport, process, dispose of and control all domestic, industrial or communal wastes whether in fluid, solid or composite state; (3) gather, conduct, divert and control local storm water or other local harmful excesses of water in the District and the payment of organization expenses, operational expenses during construction and interest during construction; and (4) accomplish the fire-fighting purposes set forth in Section 50 . 055 , Texas Water Code, as amended. V. There is a necessity for the improvements above described for the following reasons: The area of the District is urban in nature, is within the growing environs of the City of Pearland, and is in close proximity to populous and developed sections of Brazoria County. The District' s area will, within the immediate future, experience a substantial and sustained residential and commercial growth. Said area is not supplied with adequate water and sanitary sewer facilities and services or with adequate drainage facilities. The health and welfare of the future inhabitants of the area and of territories adjacent thereto require the installation and acquisition of an adequate water supply and sewage disposal system and an adequate drainage system for and within the area of the District, and fire-fighting facilities . A public necessity exists for the organization of such District to provide for the purchase, construction, extension, improvement, maintenance and operation of such waterworks and sanitary sewer system, such drainage facilities, and fire- fighting facilities, in order to promote and protect the purity and sanitary condition of the State's waters and the public health and welfare of the community. VI. Petitioner requests consent for the inclusion of the aforesaid lands in a municipal utility district under the following conditions: (a) Bonds: Bonds may be issued by the District only for the purpose of purchasing and constructing, or purchasing or constructing, or under contract with the City of Pearland, or otherwise acquiring waterworks systems , sanitary sewer systems, sewage treatment facilities, storm sewer systems and drainage facilities, or parts of such systems or facilities, and to make any and all necessary purchases, construction, improvements, extensions, additions and repairs thereto, and to purchase or acquire all necessary lands, right-of-way easements, sites, equipment, buildings , plants, structures and facilities therefor, and to operate and maintain same, and to sell water, sanitary sewer, and other services within or without the boundaries of the District. All District bonds shall expressly provide that the District shall reserve the right to redeem said bonds on any interest payment date subsequent to the tenth (10th) anniversary of the date of issuance at a premium not to exceed two and one-half percent (22%) of par value reducing one-half (z) of one percent of par value each year thereafter to par value. Bonds (other than refunding bonds and bonds sold to a federal or state agency) shall be sold only after the taking of public bids therefor, and no bonds shall be sold for less than ninety-five percent (95%) of par, provided the net effective interest rate on bonds so sold, taking into account any discount or premium as BRAZ6/D -2- well as the interest rate borne by such bonds, shall not exceed two percent (2%) above the highest average interest rate reported by the "Daily Bond Buyer" in its weekly "20 Bond Index" during the thirty-day period next preceding the date of notice of sale of the bonds . Bids for the bonds will be received not more than forty-five (45) days after notices of sale of the bonds is given. The order or resolution of the District authorizing the issuance of all refunding bonds of the District shall be approved by the City Council of the City. The District' s order or resolution authorizing the issuance of its bonds will contain a provision that the pledge of the revenues from the operation of the District' s water and sewer and/or drainage system to the payment of the District' s bonds will terminate when and if the City of Pearland, Texas, or some other city annexes the District, takes over the assets of the District and assumes all of the obli- gations of the District. No land will be added or annexed to the District until the City of Pearland has given its written consent by resolution of the City Council to such addition or annexation. (b) Plans and Specifications: Before the commencement of any construction within the District, the District, its directors, officers or the developers and landowners shall submit to the City or its designated representative all plans and specifications for the construction of water, sanitary sewer and drainage facilities to serve such District and obtain the approval of such plans and specifications by the City. All water wells, water meters, flush valves, valves, pipes, and appurtenances installed or used within the District shall conform exactly to the specifications of the City. All water service lines and sewer service liens, lift stations, sewage treatment facilities , and appurtenances thereto, installed or used within the District shall comply with the City' s standard plans and specifications. Prior to the construction of such facilities within the District, the District, or its engineer, shall give written notice to the City stating the date that such construction will be commenced. The construction of the District' s water, sanitary sewer and drainage facilities shall be in accordance with the approved plans and specifications and with applicable standards and specifications of the City, and during the progress of the construction and installation of such facilities, the City or an employee, or a designated agent thereof, may make periodic on-the-ground inspections . As a further definition of the terms used in this paragraph, specific mention of the fact is made that "plans and specifications, " "standard plans and specifications, " "approved plans and specifi- cations, " or "applicable standards and specifications" are defined to mean and to require City approval only of the method of construction and types of materials to be employed therein by the District and are not meant to limit the discretion of the Board of Directors of the District to determine what facilities may be constructed, paid for and maintained by the District. (c) Plat Approval: The owner or developer of the land within the District shall covenant and agree that he or they will, prior to the sale of any residential lot, obtain the approval of the Planning and Zoning Commission and the City Council, if normally required, of a plat thereof and properly record it in the deed records. The District will not provide water and sewer service to a residential lot unless the plat covering such lot has been approved by the Planning and Zoning Commission and the City Council. (d) Inspection and Reports : Full-time resident inspection shall be provided during the construction period by District inspectors. In addition, an additional inspector or inspectors shall be furnished at City expense, if deemed necessary by the City Engineer. Daily inspection reports will be kept on file by the District' s engineer. Monthly inspection reports shall be BRAZ6/D -3- furnished to the City. Except as provided by law, all construction contracts shall be let on a competitive bidding basis with the contract to be awarded on the basis of the lowest and best bid by a responsible competent contractor, unless other- wise approved by the City, which shall include evidence of the financial condition of the bidders. Bid bonds, payment bonds, performance bonds and affidavits of payment shall in all cases be required. Upon completion of construction, submission of a complete set of "as-built" plans to the City by the Engineer for the District shall be required. (e) Initial Board: At least one of the persons nominated for appointment by the Texas Water Commission as temporary directors of the District shall be a person selected by the City Council. (f) Bond Escrow: The District shall not be permitted to escrow any funds in excess of two (2) years interest on the bonds which the District issues and shall levy a tax simultaneously with the first installment of such bonds and will continue a tax levy until such bonds are paid in full, unless the revenues of the system are adequate to discharge such bonds. (g) Bond Sales: Prior to the. sale of any series of District bonds , the District shall secure a letter of the Mayor to the effect that the District is in compliance with this Article, and a letter of the Mayor addressed to the Attorney General of Texas approving or objecting to the issuance of .any bonds of the District. Such letters of the Mayor shall be given within a reasonable time upon request. (h) Utility Rates : The District will use its best efforts to charge rates for water and sewer service not less than the rates charged by the City to its customers. However, the nature and amount of such rates shall be within the sole and exclusive discretion of the Board of Directors of the District. (i) City Recommendations: The City of Pearland, acting through the Mayor and the City' s financial advisor, will make recommendations to the Board of Directors of the District and its financial advisor as to the amount of bonds that shall be authorized, the installment sale of such authorization, the maturity schedule of each installment, the optional provisions to be contained in such bonds, and the sale and delivery of the District bonds. However, the District shall be under no obli- gation to obtain or comply with City recommendations prigr to sale. (j) Utility Operations: The District will haveits water and sewer system operated and maintained by the City, if both the City and the District can agree upon mutually satisfactory terms and conditions. (k) Deposit: Within six (6) months after consent to the creation of a District is given by the City or within six (6) months after the District holds a bond election, whichever is later, the District shall pay or cause to be paid Twenty Thousand and No/100 Dollars ($20 ,000 .00) to reimburse the City 'for all of its actual fiscal, legal and engineering fees and expenses relating to: (1) necessity and feasibility of the creation of the District; (2) the financial advisory services described in Subsection (i) hereof; (3) the City' s review of plans and speci- fications of the District' s facilities; and (4) supervision of inspection of the District' s facilities. The District shall also be obligated to pay additional actual expenses incurred by the City for the foregoing not to exceed the additional sum of Five Thousand and No/100 Dollars ($5,000 .00) . Such sum shall be used by the City for the purpose of paying said costs incurred for that purpose. If any part of the deposit is not needed for the purpose of paying such fees and expenses, it shall be returned BRAZ6/D -4- (**) forthwith to the District. No interest will be allowed on any deposit. It is understood that the fees and expenses paid will be those actually incurred by the City and the City will make an accounting to the District. The persons requesting the City' s consent to the creation of a District shall be obligated to guarantee the payments imposed upon a District as set forth in this Subsection. VII. It is now estimated by those filing this petition, from such information as they may have at this time, that the ultimate cost of the development contemplated will be approximately $27,000 ,000 . WHEREFORE, Petitioner respectfully prays that this petition be granted in all respects and that the City of Pearland give its written consent to the inclusion of the aforesaid land in said District. Dated this the day of !Ili , 1986. A, ERAL HOMES CORPORA SN ATTEST: Title: KEN, H F. BELANGER Typed Name: floe President PATRICIA a KLEIN • Typed NameASSISTANT SECRETARY (SEAL) "PETITIONER" BAYPOINTE INVESTMENTS, INC. ATTEST: By: Vattw, Title.Ti2kaN ' Typed Name: Pfi2D e: Typed Typed Name: SY,-(//44- (SEAL) "PETITIONER" BRAZ6/D -5- rill, r THE STATE OF TEXAS § § COUNTY OF HARRIS § BEFOREME, the undersigned authority, on this day personally appeared MF g�x}AJ 6 , i//e.L= Pie -SibE1J7- of GENERAL HOMES CORPORATION, a Texas corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated, and as the act and deed of said corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the A ( day of , 1986 . er-10,i ze_te-e-litA-1-41--J- ~' Notary u.lic in and for -_-.L ,-7,= the State of T E X A S (SEAL) . - Commission Expires : ,Q „a4L 0 ..._ : _, _ Printed Name of No ary: A • kovis& k/S THE STATE OF TEXAS § § COUNTY OF HARRIS § BEFORE MEh the undersigned authority, on this day personally appeared _: , -- '/)-IdN/m-Ro .-. li'pvFy— I }RIZ es/De-i✓r of BAYPOINTE INVESTMENTS, INC. , a Texas corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated, and as the act and deed of said corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the ..Z� day of 9a1A44.47 , 1986 . / -,..4.4,4a- / . Ili..w. - /�,/ ry Public i-.04743 for the State of T E X A S --`` (SEAL) .,,/,: _-- - - . Commission Expires: 104/422F Printed Name of Notary: BRAZ6/D -6- (all) BRAZORIA COUNTY . MUNICIPAL UTILITY DISTRICT NO . 6 H . T . & B . R. R. CO. SURVEY ( A-539 ) SECTION 86 H. T. & B . R. R . CO . SURVEY ( A- 300 ) SECTION 81 A tract of land situated in the State of Texas , County of Brazoria, containing 391.. 5114 acres of land , and being the land contained within the Brazoria County Municipal Utility District No. 6, being out of a tract of land now or folmerly owned by 6-n- eral Homes Corporation ; said tract herein being described being out of the Northwest 1/4 of the H . T . & B . R . R . Co. Survey, A- 539 , Section 86, and the Northeast 1/4 of the H. T. & B . R. R. Co. Survey , A-300, Section 81 , and being more particularly described by metes and bounds as follows . All control is referred to the Texas Plane Coordinate System , Lambert Projec- tion , South Central Zone: BEGINNING at a point for corner, being the Northeast corner of the tract herein being described, having a Texas plane coordinate value of X=3 , 152 , 481 . 57 ; Y644 , 112 . 93 , and being at its inter- section with the Southerly right-of-way boundary of Texas State Farm-Market Highway No. 3344 (CR-92) , and being referenced in two calls from the Northwest corner of the afore mentioned H. T. & B . R. R. Co. Survey, A-539, Section 86, as follows : N86° 27 ' 18"E , 3 , 079. 30 feet and S03. 16' 55"E , 101 . 27 feet to said POINT OF BEGINNING. THENCE along the East boundary of the tract herein being described as follows : S03° 16 ' 42"E , 1271 . 28 feet to a point for corner, N86° 27 ' 18"E , 220 . 06 feet to a point for corner, S03° 16 ' 42"E , 1273 . 13 feet to a point for corner, S86° 43 ' 18"W, 660 . 00 feet to a point for corner, and. S03 12 ' 50"E , 2 , 640 . 77 feet to a point for corner, being the most Southerly Southeast corner of the tract herein being described, and being in the centerline of County Road No. 59 , having a right-of-way width of 60 feet . . THENCE S86° 25 ' 06"W , 2 , 638. 53 feet along the Southerly boundary of this tract , and along the centerline of the above mentioned County Road No . 59 , and being also the Southern boundary of the afore mentioned H. T. & B . R. R. Co . Survey , ' A-539, Section 86, common with the Northerly boundary of the A . C . H. & B . R. R. Co . Survey , A-415 , Section 87 , to a point for corner , being the most Southerly Southwest corner of this tract , and being also at its intersection with the centerline of County Road No . 94 , having a right-of-way width of 40 feet . THENCE NO3 ' 14 ' 49"W , 2644 . 07 feet along the West boundary of this tract , being also the West boundary of the afore mentioned H. T. & B . R . R . Co . Survey , A-539 , Section 86 , and along the centerline of the above mentioned County Road No . 94, to a point for corner . THENCE S86° 36' 19"W , 878. 15 feet along a Southerly boundary of this tract , and being also the centerline of a dedicated county road (unopened) , having a right-of-way width of 40 feet , to a point for corner, being the most Westerly Southwesterly corner of this tract , marked by a 5/8" iron rod ( found) , and being at its intersection with the Easterly right-of-way boundary of State Highway No . 288, having a right-of-way width of 420 feet . EXHIBIT 'A' THENCE along a Westerly boundary of this tract , being common with the above mentioned right-of-way boundary of said Texas State Highway No. 288 , as follows : NO3* 20 ' 54"W, 1 , 404. 07 feet to a point of curvature (P. C . ) Along an arc to the right , having a central angle of 50° 30 ' 00" ( right ) , based on a radius of 996. 45 feet, an arc length of 878 . 26 feet , :Ind having a chord call of N21° 56' . 43"E , 850 . 11 feet to a point of tangency (P. T . ) N47° 13 ' 33"E , 99 . 65 feet to a point of curvature (P. C . ) Along an arc to the left , having a central angle of 37° 40 ' 00" ( left ) , based on a radius of 446 . 46 feet , an arc length of 293 . 51 feet , and having a chord call of N28° 24 ' 33"E , 288. 25 feet to a point of tangency (P. T. ) and N44° 57 ' 33"E , 148 . 96 feet to a point for corner at its intersectio.n with the Southerly right-of-way . boundary of Texas State Farm-Market Highway No. 3344. THENCE along a Northerly boundary of this tract , common with the above mentioned Southerly right-of-way boundary of Texas State Farm-Market Highway No. 3344 , as follows : N86° 09' 05"E , 88. 85 feet to a point for corner marked by a highway right-of-way concrete marker (Found) S48° 03 ' 22"E , 70 . 68 feet to a point for corner marked by a highway right-of-way concrete marker ( found) N86° 49' 20"E , 59 . 58 feet to a point for corner N41° 54 ' 24"E , 70 . 71 feet to a point for corner N86° 48' 20"E , 82 . 71 feet to a point of curvature (P. C . ) Along an arc to the right , having a central angle of 07° 00 ' 00" ( right) , based on a radius of 1 , 849 : 86 feet , an arc length of 226. 00 feet , and having a chord call of S89° 46' 39"E , 225 . 86 feet to a point of tangency (P . T. ) S86° 16' 40"E , 66 . 76 feet to a point of curvature (P. C . ) Along an arc to the left , having a central angle of 07° 16' 03" ( left ) , based on a radius of 1 , 969 . 86 feet , an arc length of 249 . 86 feet , and having a chord call of S89° 54' 40"E , 249 . 69 feet to a point of tangency (P . T. ) • N86° 27 ' 18"E , 2 , 386 . 09 feet to the POINT OF BEGINNING containing 391 . 5114 acres of land. WITNESS MY HAND AND SEAL THIS THEy_tr DAY OF__4 -, 1985 . • • ��` ... F3TER a BILL " . F• TER .l 39 r .2 Registere• Public Surveyor No. 1609 °•:0 ' MUNICIPAL SURVEYING COMPANY, INC . DL ' Div . of Billy R. Foster & Associates Surveying, Inc . 3425 Federal Pasadena , Texas 77504 PHONE (713 ) 941-0070 JOB NO. 1122-85 DI5h N0. C-2 DESCRIPTION OF TRACT 2 Being 136. 8106 acres of land lying and being situated in the T.C.R.R. Co. Survey, Section 4, Abstract 675, and the H. T. & B.R.R. Co. Survey, Section 85, Abstract 304, Brazoria County, Texas, and being a portion of Lots 1, 2 and 3, Block 24, a portion of Lots 2 and 3, Block 25, a portion of Lot 2, Block 23 . and a portion of Lot 4, Block 22, of Allison-Richey Gulf Coast Horne Company' s Subdivision, according to plat recorded in Volume 2, Page 99, Plat Records of 'Brazoria .County, Texas, and all of Lots 7, 8, 9, 10, 17, 18, 19 and 20 of the Allison-Richey Gulf Coast Home Company' s Subdivision according to a plat recorded in Volume 2, Page 107 of the Plat Records of Brazoria County, Texas; • said 136. 8106 acres of land being more particularly described by metes and bounds as follows; (all control is referred to the Texas Plane Coordinate System, Lambert Projection, South Central Zone) : BEGINNING at a 5/8 inch iron rod set in the centerline of County • Road 94, also being the Northeast corner of that certain tract conveyed to the State of Texas recorded in Volume 1386, Page 705 of the Deed Records of Brazoria County, Texas, having a Texas Plane Coordinate value of X=3, 149, 396. 489, Y=644, 129. 940, also being located North 110.00 feet from its intersection with the centerline of the County Road 92, now F.M. Highway 518, (F.M. 518) , which is the Southeast corner of said Lot 3, Block 24, also . being the Southwest corner of Lot 10 of the Allison-Richey Gulf Coast Home Company' s Subdivision, recorded in- Volume 2, Page 107 of the Plat Records of Brazoria County, Texas; THENCE South 86°44' 56" West with the North line of said State of Texas Tract, a distance of 40. 00 feet to an angle point in the South line of the herein described tract, also being an angle point in said State of Texas Tract , from said point a concrete monument was found 0.68 feet North; • THENCE South 41 °44' 56" West with the Northwest line of said State of Texas Tract, a distance of 70. 71 feet to its West corner being in the North Right-Of-Way line of said F.M. 518, . from which a concrete monument was found 0.2 feet North and 0. 4 feet West ; THENCE South 86°44' 56" West with the North line of said F.M. 518, a distance of 88. 15 feet, (called 87. 91 feet) , to a concrete monument found for corner, being an angle corner of a State of Texas Tract conveyed in Volume 1077, Page 126 of the Deed Records of Brazoria County, Texas; THENCE North 51°42' 56" West with the Northeast line of said State of Texas Tract , a distance of 149. 32 feet , (called 148. 96 feet ) , to a concrete monument found for corner in its Northeasterly line; THENCE continuing along the Northeasterly line of said State of Texas Tract , with a curve. to the left having a radius of 446. 46 feet, a delta angle of 36°52' 50" , . an arc length of 287. 38 feet and a chord bearing of North 34°37' 22" West , a distance of 282. 45 feet to a concrete monument found for corner ; THENCE continuing Northerly with said Northeasterly line of said State of Texas Tract , with a curve to the right having a radius of 1091 .35 feet , a delta angle of 55.51 '50", an arc length of 1064. 08 feet and a chord bearing of North 25°05' 46" West , a distance of 1022.43 feet to a concrete monument found for corner ; Page 1 of 3 • , 'rmb) DESCRIPTION (cont' d. ) THENCE continuing Northerly with the Easterly line of said State of Texas Tract , with a curve to the right having a radius of 11, 249. 16 feet , a delta angle of 00° 10' 06" , an arc length of 33. 07 feet and a chord bearing of North 02°55' 12" East , a distance of 33.07 feet to a concrete monument found for cnrner ; • THENCE North 03°00' 15" East along the East Right-Of-Way line of State Highway 288, a distance of 1554. 85 feet , (called 1555. 68 .feet) , to a 1 inch iron pipe found for corner in the North line of said Lot 2, Block 25; THENCE North 86°44' 56" East. with .the North line of said Lot 2, at 624. 43 feet, (called 626. 70 feet) , passing a 5/8 inch iron rod set in the West Right-Of-Way line of said County Road 94, and continuing in all a total distance of 644. 43 feet to a 5/8 inch iron rod set for corner in the Northeast corner of said Lot 2, Block 25, in the centerline of said County Road 94; THENCE South 03° 15' 04" East with the East lines of said Lots 2 and 3, Block 25, a distance of 610.71 feet to the Northwest corner of said Lot 7; THENCE. North 86°41'20" East along the North lines of said Lots 7 and 17, a distance of 1759. 24 feet to the Northeast corner of said Lot 17; THENCE South 03°19' 47" East along the East lines of said Lots 17, 18, 19 and 20, a distance of 2289. 97 feet to a point for corner in the North Right-Of-Way line of said F.M. 518; THENCE with the North line of said F.M. 518, South 86°27' 18" West, a distance of 880.00 feet to a 3/8 inch iron rod for corner; THENCE with. the North line of said F.M. 518, South 86°28' 53" West , a distance of 188.64 feet to a point for corner, being the East corner of above mentioned State of Texas Tract recorded in Volume 1386, Page 708 of the Deed Records „of Brazoria County, Texas, - from which a concrete monument was found 0. 6 feet South and 0. 1 feet East, also another concrete monument was found 119. 40 feet South; THENCE continuing Westerly with the North line of said State of Texas Tract , with a curve to the right having a radius of 1849.86 feet , a delta angle of 07° 16' 03" , an arc length of 234. 64 feet, and a chord bearing North 89°53' 06" West , a distance of 234.48 feet to a point for corner in same, from which a concrete monument was found 0. 6 feet South and 0. 1 feet West ; THENCE continuing Westerly with the North line of said State of Texas Tract , North 86° 15' 04" West , a distance of 66. 76 feet to a point for corner , from which a concrete monument was found 1.8 feet South and 0. 2 feet West ; THENCE with the North line of said State of Texas Tract , with a curve to the left having a radius of 1969. 86 feet , a delta angle of 07°00' 00", an arc length of 240. 66 feet and a chord bearing North 8945' 04" West , a distance of 240. 51 feet to a point for corner in same, from which a concrete monument was found . 44 feet North and 6. 18 feet East ; Page 2 of 3 • DESCRIPTION (w=ont ' d. ) THENCE continuing with the North line of said State of Texas Tract, South 86°44' 56" West, a distance of 83. 35 feet to a point for corner, from which a concrete monument was found 0.43 feet South , and 0. 46 feet West; THENCE North 48° 15' 04" West with the Northeast line of said State of Texas Tract, a distance of 70.71 feet to a point for" corner, " from which a concrete monument was found 0.9 feet South and 1 .2 feet West, being the most Northerly Northeast corner of said State of Texas Tract; THENCE continuing with the North line of said State of Texas Tract, South 86°44' 56" West a distance of 20.00 feet to the PLACE OF BEGINNING of the herein described tract, and containing within these calls 136.8106 acres of land. OF WITNESS MY HAND AND SEAL T`4 .1�� —''''D •AY OF JULY, 1985 BELLY R. FOSTER .... .............. BILLY . FOSTER B%ec,:r00'°' °� Registered Public Surve / §U D • MUNICIPAL SURVEYING COMPANY, INC. " Div. of Billy R. Foster & Associates Surveying, Inc. • 3425 Federal Pasadena, Texas 77504 Phone: (713) 941-0070 • JOB NO. 1036-85 WS #1-B: 1036-85 • • • Page 3 of 2 4aPr t'. - >„�^ r ,,:� a•:r �!.'-.. .,. :4` 1'^e -r,.: •�e`_,. - ,..� , .f.+.t` cst:+.}�.. • � �,. <s .. 'ten ,•✓,: �^�., ' r •t , x e rc':o' •t `s`r: :i� b��'.v;'..-,. Via«• �%"r 'F*r ,>-., F. .+:.• •.# COMM. 6.9 AC. "{', ....•-", w • r-Fc. r. ,'i=u as h•'^.,^'�, xa rfi . �+,. ram.. • a ,T .,::3 . ..""�' - 1':•S - _ +- "•"s`}" . . st_•. i ,t'. . v d"."m h W! Y .. .ic ^F �'� 'A= `r:�,f< ..'VFYt!a .� s'„ ,1,R,=.',.YF.r^"'. .'. K�..� ..•,...,.. �:iP- r .4, *-�£ �„'a _ . r ; r°-,�n.�,�:: i`.. a�":rk .�- ..,e. C . '2'g., xr+„k+i.i'.4'3.� -k. , ?3,'.�;.• !r�.w..�x ',ram'^_ r-=r�;' ra'.e F`'.:��,�`v s .1-777 • •l • .34 COMM. 15.3 AC. 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