R86-03 01-27-86RESOLUTION NO. R86-3
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,
BE IT RESOLVED BY THE
TEXAS:
1. That all of the
CITY COUNCIL OF THE CITY OF PEARLAND,
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.
it is now contemplated that such Municipal Utility
District shall be organized under the authority of Article XVI,
Section 59, of the Texas Constitution and in accordance with and
having all the powers provided by Chapter 54, Title 4, Texas Water
Code, as amended; and
WHEREAS, it is proposed that said political subdivision shall
be known as Brazoria County Municipal Utility District No. 16 of
Brazoria County, Texas; Now, Therefore,
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.
(3) That all developed lots abutting existing or
future easements within the District for high pressure
natural gas transmission lines shall have no single
family building structure closer than 100 feet from the
nearest boundary of such an easement.
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
anniversary date hereof, whichever shall first occur.
(15th)
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.
PASSED AND APPROVED this ~ day o~ ~~ , 1986,
at a regular meeting of the City Council ul required
by law.
ATTEST:
[ty~ecretary
APPROVED AS TO CONTENT:
CITY S
By:
Mayor, City of Pearland, Texas
PARKWYCK JOINT VENTURE, a joint
ventur composed of:
CORSON
and
BELLAMAH COMMU ITY DEVELOPMENT,
a New M i neral par hership
General Partner
•
EXHIBIT "A"
BRAZORIA COUNTY
MUNICIPAL UTILITY DISTRICT NO. 16
A tract of land containing 285.76 acres, more or less, located in the H. T. & B. RR
Company Survey, Abstract No. 505, Brazoria County, Texas, with said 285.76 acre tract,
being a part of Lots Ten (10) through Twenty-five (25), inclusive, Lots Thirty-six (36)
through Forty-three (43) inclusive, and Lots Forty-five (45) through Fifty (50), inclusive
of the Allison Richey Gulf Coast Home Company Subdivision of Section 10, of the H. T.
& B. RR Company Survey, Abstract 505, Brazoria County, Texas, and being a part of the
same land described in that certain deed dated August 31, 1946, from R. N. Ranger et al
to Emmet P. Crow, Jr., recorded in Volume 406, Page 635, Deed Records of Brazoria
County, Texas, and being more particularly described as follows:
BEGINNING at an iron rod marking the southeast corner of the herein
described tract, said iron rod set at the intersection of the north right-
of-way line of Farm-to-Market-Road (FM) 518 and the west right-of-way
line of County Road 108;
THENCE North 89 degrees 59 minutes 00 seconds West along the north
right-of-way line of FM 518, a distance of 2067.06 feet to an iron pipe
marking the southwest corner of herein described tract;
THENCE North 00 degrees 10 minutes 58 seconds West along the east
right-of-way line of a dedicated road and the east right-of-way line of
County Road 561 a distance of 6225.98 feet to an iron pipe marking the
northwest corner of the herein described tract;
THENCE South 89 degrees 56 minutes 38. seconds East a distance of
2068.44 feet to an iron pipe marking the northeast corner of the herein
described tract on the west right-of-way line of County Road 108;
THENCE South 00 degrees 09 minutes 07 seconds East along the west
right-of-way line of County Road 108, a distance of 3410.48 feet to an
iron pipe on the north line of Lot 44 of the said Allison Richey Gulf
Coast Home Company Subdivision;
THENCE South 89 degrees 58 minutes 32 seconds West along the north
line of said Lot 44 a distance of 1032.85 feet to an iron pipe for corner
on the northwest corner of said Lot 44;
THENCE South 00 degrees 11 minutes 51 seconds East 408.47 feet to an
iron pipe for corner at the southwest corner of said Lot 44;
THENCE South 89 degrees 59 minutes 17 seconds East along the south
line of said Lot 44 a distance of 1033.53 feet to an iron pipe for corner
on the west right-of-way line of County Road 108;
THENCE South 00 degrees 10 minutes 27 seconds East along the west
right-of-way line of County Road 108 a distance of 2404.94 feet to the
D/IrLTT AV 1217!!TMATTIJ!'_ anti nnn*aininct 751;_7R Arras (12-447.R69 sauare
•
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 (22%) of par value reducing one-half (1) 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 obligations 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
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 specifications, " 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 otherwise 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.
.
•
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 obligation
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 specifications 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.
•
111
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EXHIBIT "C" �- -2� - .
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Brazoria County M.U.D. No. 16 .. .'
.7
PARKW
YCK %1 III i
'I,Via er e•
Parkwyck Joint Venture .1Flant N ° "
Devebpers Irving,Texas „6 Ac 1_ _.•-_..,„••w -:- - •off''..._ a•=.: 03 i• d'
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•
Tho rilvman tloeinn r:rntrn 'aee —_-- �••...' a •? A.S.A A.•••. •�ti t•a (arm' • •c •a�•d•'•�•)� i___-
The Municipal Utility District shall be named Brazoria County
Municipal Utility District NO. 16, 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
attached hereto and made a part hereof for all
in Exhibit "B"
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.
16 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 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-
PETITION FOR CONSENT TO INCLUDE
LAND IN A MUNICIPAL UTILITY DISTRICT
TO THE HONORABLE MAYOR AND
CITY COUNCIL OF THE CITY OF PEARLAND:
The undersigned, hereinafter called "Petitioner" , whether one
or more, 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. 16 .
II.
The area of the land to be included in the District contaiFis
285. 76 acres, more or less , and lies wholly within Brazoria County,
Texas. No part of said area is within the limits of ahy
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.
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 (loth) anniversary of
the date of issuance at a premium not to exceed two and one-half
percent (2i%) of par value reducing one-half (I) of one percent of
par value each year thereafter to par value. Bonds (other tan
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 all1of
the obligations 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.
Ark
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 Cit ' 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 specifications, " 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 otherwise 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" plansilto
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 .
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 rues
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, Hthe
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 obligation
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 specifications 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.
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
$9, 590 , 000. 00 .
WHEREFORE, Petitioner respectfully prays that this petition be
granted in all respects and that the City of Pearland give its
Dated this the 2( day of ,4214,{qm4 , 1986.
PARKWYCK JOINT VENTURE, a joint
venture composed of:
ROBERT CORSON
and
BELLAMAH/'cOMMUNI Y DEVELOPMENT,
a New Medico ge, ral partnership
BY ez _
DAN NNISON✓
: VICE PRESIDENT
"PETITIONER"
•
-THE STATE OF TEXAS § •
COUNTY OF HARRIS §
' BEFORE ME, the undersigned authority, on this day personally
appeared ROBERT CORSON, on behalf of Parkwyck Joint Venture, known
to me to be 'the person 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 joint venture.
___IGIVEN UNDER MY HAND AND SEAL OF OFFICE on this the 2 day
of 7YWARA.V.1 - , 1986 .
7/'
•
- - N ary ub ic .in and for
the Sta -e of T E X A S
(SEAL)
Commission Expires :
Printed Name
of Notary: 1
• -4'//1(
•
THE STATE OF TEXAS §
COUNTY OF BRAZORIA §
BEFORE ME, the undersigned authority, on this day personally
- appeared- j),}/j/ J)E/j/4//,5p/I/- , of Bellamah Community Development on
behalf of Parkwyck Joint Venture, known' to me to be the person
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 joint venture.
G VEN UNDER MY HAND AND SEAL OF OFFICE on this the _ 2/ day
of , 1986 .
I
Notary P lic in and for
• I
EXIIIBIT "A"
BRAZORIA COUNTY
MUNICIPAL UTILITY DISTRICT NO. 16
A tract of land containing 285.76 acres, more or less,, located in the H. T. & B. RR
Company Survey, Abstract No. 505, Brazoria County, Texas, with said 285.76 acre tract,
being a part of Lots Ten (10) through Twenty-five (25), inclusive, Lots Thirty-six (36)
through Forty-three (43) inclusive, and Lots Forty-five (45) through Fifty (50), inclusive
of the Allison Richey Gulf Coast Home Company Subdivision of Section 10, of the H. T.
& B. RR Company Survey, Abstract 505, Brazoria County, Texas, and being a part of the
same land described in that certain deed dated August 31, 1946, from R. N. Ranger et al
to Emmet P. Crow, Jr., recorded in Volume 406, Page 635, Deed Records of Brazoria
County, Texas, and being more particularly described as follows:
BEGINNING at an iron rod marking the southeast corner of the herein
described tract, said iron rod set at the intersection of the north right-
of-way line of Farm-to-Market-Road (FM) 518 and the west right-of-way
line of County Road 108;
THENCE North 89 degrees 59 minutes 00 seconds West along the north
right-of-way line of FM 518, a distance of 2067.06 feet to an iron pipe
marking the southwest corner of herein described,tract;
THENCE North 00 degrees 10 minutes 58 seconds West along the east
right-of-way line of a dedicated road and the east right-of-way line of
County Road 561 a distance of 6225.98 feet to an iron pipe marking the
northwest corner of the herein described tract;
THENCE South 89 degrees 56 minutes 38. seconds East a distance of
2068.44 feet to an iron pipe marking the northeast corner of the herein
described tract on the west right-of-way line of County Road 108;
THENCE South 00 degrees 09 minutes 07 seconds East along the west
right-of-way line of County Road 108, a distance of 3410.48 feet to an
iron pipe on the north line of Lot 44 of the said Allison Richey Gulf
Coast Home Company Subdivision;
THENCE South 89 degrees 58 minutes 32 seconds West along the north
line of said Lot 44 a distance of 1032.85 feet to an iron pipe for corner
on the northwest corner of said Lot 44;
THENCE South 00 degrees 11 minutes 51 seconds East 408.47 feet to an
iron pipe for corner at the southwest corner of said Lot 44;
THENCE South 89 degrees 59 minutes 17 seconds East along the south
line of said Lot 44 a distance of 1033.53 feet to an iron pipe for corner
on the west right-of-way line of County Road 108;
THENCE South 00 degrees 10 minutes 27 seconds East along the west
right-of-way line of County Road 108 a distance of 2404.94 feet to the