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Ord. 0708 1995-12-111 --0424 1 50T-26=-3496 R797381 02/22/96 200134049 R 797361 ORDINANCE NO. 708 AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF PEARLAND, TEXAS, TO INCLUDE ALL LAND AREA WITHIN CERTAIN LIMITS AND BOUNDARIES AND ANNEXING TO THE CITY OF PEARLAND ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES; APPROVING A SERVICE PLAN FOR ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES; CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING A SAVINGS AND SEVERABILITY CLAUSE. W.00 WHEREAS, the City Council of the City of Pearland, Texas, has, following due notice and publication in accordance with the requirements of §43.052, Tex. Local Govt. Code, conducted two (2) public hearings regarding the City's intended annexation of certain territory located contiguous to the City and within the City's extraterritorial jurisdiction; and WHEREAS, public hearings were conducted before the City ' Council on October 9, 1995, at 6:00 o'clock p.m. and on October 23, 1995, at 6:00 o'clock p.m., at the Pearland City Hall, 3519 Liberty Drive, Pearland, Texas; and WHEREAS, the City of Pearland has, in accordance with §43.051 et seq., Tex. Local Govt. Code, complied with all procedural requirements regarding the annexation of territory, including the preparation of a plan for extension of municipal services into the area annexed to the City; and WHEREAS, the City intends to fulfill those obligations imposed upon it by State law regarding newly annexed areas, including timely provision of municipal services as required by law; and WHEREAS, the City Council finds and determines that the annexation intended by this Ordinance is in the best interests of the City of Pearland and benefits the health, safety, and welfare of the citizens of said City; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the boundaries and limits of the City of Pearland, Texas, are hereby extended to embrace and include all of the territory described in Exhibit "A" attached hereto and made a part hereof, and such territory is hereby annexed to and made a part of the City. MAX., tiexAittutAXr X 7758/-544/(0 507-23=3497 Section 2. The plan for extension of municipal services into the territory annexed to the City of Pearland by the provisions of this Ordinance is set forth in the "City of Pearland, Texas Service Plan for 588 Acres of Land Located Along FM 518 West of the Present City Limit Line" attached hereto as Exhibit "B" and made a part hereof for all purposes. Such Municipal Service Plan is hereby approved. Section 3. The City Council officially finds, determines, recites and declares that sufficient written notices of the date, hour, place and subject matter of the meetings of the City Council at which this Ordinance was considered were posted at a place convenient to the public at the City Hall of the City for the time required by law preceding said meetings, as required by law; and that said meetings have been open to the public, as required by law, at all times during which this Ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notices and the contents and posting thereof. Section 4. If any section or part of this Ordinance be held unconstitutional, illegal or invalid, or the application thereof ineffective or inapplicable as to any territory, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no wise affect, impair or invalidate the remaining portions, the same shall be and remain in full force and effect; and should this Ordinance for any reason be ineffective as to any part of the area hereby annexed to the City of Pearland, such ineffectiveness of this Ordinance as to any such part or parts of any such areas shall not affect the effectiveness of the Ordinance as to all of the remainder of such area, and the City Council hereby declares it to be its purpose to annex to the City of Pearland every part of the area described in Exhibit "A", attached hereto, regardless of whether any other part of such described area is hereby effectively annexed to the City. Provided, further, that if there is included in the general description of territory set out in Exhibit "A", attached hereto, 2 507-2::;=3498 any land or area which is already a part of and included within the general limits of the City of Pearland, or which is presently part of and included in the limits of any other city, town or village, or which is not within the City of Pearland's jurisdiction to annex, the same is hereby excluded and excepted from the territory to be annexed as fully as if such excluded and excepted area was specifically described herein. PASSED and APPROVED on first reading this 07e4 day of ATTEST: , A. D., 1995. Yol.d.. C. Benitez, City Se etary PASSED and APP�ROVEDon second and final reading this N--' b4) , A. D., 1995. day of ATT.EST: ity Secretary APPROVE AS T• FORM: 0 y Mo-es M Culloug , City Att.'ney 3 Tom Reid, Mayor Exhibit "A" METES AND BOUNDS DESCRIPTION 588 ACRES 507-23=3499 588 acres, more or less, situated in the Section 7 of the H.T. & B. RR Co. Survey, Abstract No. 219; Section 8 of the H.T. & B. RR Co. Survey, Abstract No. 504; Section 9 of the H. T. & B. RR Co. Survey, Abstract No. 234; Section 15 of the H. T. & B. RR Co. Survey, Abstract No. 241; Section 15 of the H. T. & B. RR Co. Survey, Abstract No. 241; Section 17 of the H. T. & B. RR Co. Survey, Abstract No. 242; Section 19 of the H. T. & B. RR Co. Survey, Abstract No. 243; Section 20 of the H. T. & B. RR Co. Survey, Abstract No. 506; Section 21 of the H. T. & B. RR Co. Survey, Abstract No. 309; and H. T. & B. RR Co. Survey, Abstract No. 560 of Brazoria County, Texas, said 588 acres, more or Iess, being more particularly described by metes and bounds as follows: BEGINNING at the intersection of the north right-of-way line of F.M. 518 (100 foot width) and the west right-of-way line of O'Day road (80 foot width), also being the southeast comer of the Garden Acres Subdivision, unrecorded, and being the same tract of land described in Volume 595, Page 63 of the Deed Records of Brazoria County, also lying on the City of Pearland city limits line; THENCE WEST, with said north right-of-way line and said city limits line, 1,358 feet, more or less, to a projected line of the easterly line of that certain 39.2484 acre tract described in Clerk's File No. 94-025671 of said Deed Records, also being a northwesterly corner of said city limits; THENCE SOUTH, passing through the right-of-way of said F.M. 518, with said easterly line of the 39.2484 acre tract and said city limits line, 2,640 feet, more or less, to the southeast corner of said 39.2484 acre tract, said corner being in the north right-of-way line of Daugherty Road (County Road 91)(60 foot width); THENCE WEST, with the said north right-of-way line of Daugherty Road, and in part with said city limits line, and passing through the right-of-way of Manvel Road (F.M. 1128)(100 foot width), 4,013 feet, more or less, to the southeast corner of that certain 7 1/2 acre tract of land described in Volume 797, Page 488A, said corner also being in the west right-of-way line of said Manvel Road; THENCE NORTH, with said westerly right-of-way line of Manvel Road, 775 feet, more or less, to the northeast corner of a 4.6945 acre tract described in Volume 86288, Page 101, being the southeast corner of West Chester Estates, unrecorded, and the southeast corner of that certain "Tract 2" described in Volume 1700, Page 879; THENCE WEST, with the northerly line of said 4.6945 acre tract, 990 feet, more or less, to the northwest corner of said 4.6945 acre tract, being the southwesterly corner of said West Chester Estates and the southwest corner of that certain "Tract 6" described in Volume 834, Page 392; THENCE NORTH, with the west line of said West Chester Estates, 1,260 feet, more or less, to a point 500 feet south of the centerline of said F.M. 518; THENCE WEST, parallel to said centerline, 1,210 feet, more or less, to the easterly line of that certain 86.8396 acre tract described in Volume 89711, Page 566 and an east line of M.U.D. No. 1; THENCE NORTH, with said easterly line of the 86.8396 acre tract, and said east line of M.U.D. No. 1, 450 feet, more or less, to the northeast corner of said 86.8396 acre tract, being the northwest corner of that certain 13.30 acre tract described in Volmne 89641, Page 611, also being a northeast corner of said M.U.D. No. 1 and lying on said south right-of-way line of F.M. 518; THENCE WEST, with said south right-of-way line of F.M. 518, 1,059 feet, more or Iess, to the northeast corner of that certain 1.0 acre tract described in Volume 408, Page 538; THENCE SOUTH, with the east line of said 1.0 acre tract, 209 feet, more or less, to the southeast corner of said 1.0 acre tract; THENCE WEST, with the south line of said 1.0 acre tract, 209 feet, more or less, to the southwest comer of said 1.0 acre tract; 507=23=3500 THENCE NORTH, with the west line of said 1.0 acre tract, 209 feet, more or less, to the northwest corner of said 1.0 acre tract and said south right-of-way line of said F.M. 518; TIIENCE WEST, with said south right-of-way lint of F.M. 518, 451 feet, more or less, to the northwest corner of that certain 38.2906 acre tract recorded in Volume 91968, Page 809, said corner also being the northeast corner of that certain 9.2461 acre tract recorded in Voluine 1757, Page 665, and a northwest corner of said M.U.D. No. 1; THENCE SOUTH, with the westerly line of said 38.2906 acre tract, and a west line of said M.U.D. No. 1, 671 feet, more or less, to the southeast corner of said 9.2461 acre tract, said corner also being the northeast comer of that certain 10 acre tract as described in Volume 1757, Page 661; THENCE WEST, in part with a northerly line of said 10 acre tract, 670 feet, more or less, to the westerly line of said 10 acre tract; THENCE NORTH, with said westerly line of the 10 acre tract, 65 feet, more or less, to the southeast corner of a 10.305 acre tract described under Clerk's File No. 93-018201; THENCE WEST, with the south line of said 10.305 acre tract, passing through the right-of-way of Chocolate Bayou Road (County Road 89)(width unknown), 710 feet, more or less, to the westerly right-of-way line of said Chocolate Bayou Road; THENCE NORTH, with said westerly right-of-way line of Chocolate Bayou Road, 160 feet, more or less, to the northeast corner of that certain 9.5144 acre tract described under Clerk's File No. 93- 023854, said comer also being the southeast comer of that certain 5 acre tract described in Volume 889, Page 792; THENCE WEST, with the southerly line of said 5 acre tract and the southerly line of that certain tract granted to Rafael R. Viada, et ux, described in Clerk's File No. 92-27920, 822 feet, more or less, to the southwest corner of said Viada Tract, said corner also being the southeast corner of that certain 8.243 acre tract described in Volurne 85205, Page 931; THENCE WEST, with the southerly line of said 8.243 acre tract, 745 feet, more or less; THENCE NORTH, crossing said 8.243 acre tract, 550 feet, more or less, to the centerline of said F.M. 518; THENCE NORTH, in part with the westerly line of that certain 1.798 acre tract described in Volume 86242, Page 86, 522 feet, more or less, to the northeast comer of that certain 3.50 acre tract described in Volume 822, Page 662, also being the northwest corner of said 1.798 acre tact; THENCE EAST, in part with the northerly line of said 1.798 acre tract and crossing a 15.790 acre tract described in Volume 88553, Page 338, 861 feet, more or less, to the centerline of Cullen Boulevard (60 foot wide); THENCE EAST, in part with the southerly line of Lot I5 and Lot 31, as recorded in Volusne 1615, Page 35, 1,578 feet, more or less, to the westerly right-of-way line of a 40 foot wide dedicated road; THENCE NORTH, with said westerly right-of-way line of 40 foot wide road, 524 feet, more or less, to the northeast comer of said Lot 31; THENCE EAST, passing through said 40 foot wide road and with the northerly line of that certain tract described in Volume 88625, Page 214, the northerly line of that certain 9.575 acre tract recorded in Volume 1570, Page 289, and the northerly line of that certain 10 acre tract described in Volume 1564, Page 73, 1,703 feet, more or less, to the west line of that certain 238.8852 acre tract described in Volume 91983, Page 482, and the west line of Brazoria County Municipal Utility District No. 16 (M.U.D. 16); THENCE SOUTH, with the west line of said M.U.D. 16, and the east line of said 40 foot dedicated road, 44.97 feet, to the south boundary line of M.U.D. 16; ' 50T-23=350I THENCE EAST, with the south line of said M.U.D. 16, 606.70 feet, to a point for corner; THENCE SOUTH, with said southerly line, 450.00 feet to a point for corner; THENCE EAST, with the south line of said M.U.D. 16, 1,502.00 feet to a point for corner, said point being located in the east right-of-way line of Max Road (County Road 108); THENCE SOUTH, 80.94 feet along said east right-of-way line to a point for corner; THENCE EAST, in part with the north line of said Lot 32 and the north line of Lot 64 recorded in Volume 2, Page 23, 2,002 feet, more or less, to the east right-of-way line of Roy Road (40 foot width); THENCE SOUTH, along said east right-of-way of Roy Road, 32 feet, more or less; THENCE EAST, in part with the north line of Lot 23 and the north line of Lot 46 recorded in Volume 2, Page 23, 2,000 feet, more or less, to the westerly right-of-way line of Garden Road (County Road 109)(60 foot width); THENCE NORTH, with said westerly right-of-way line of Garden Road, 1,660 feet, more or less; THENCE EAST, passing through said Garden Road and with the northerly line of Section 1 of said Garden Acres, 2,017 feet, more or less, to the aforementioned west right-of-way line of O'Day Road; THENCE SOUTH, with the said west right-of-way line of said O'Day Road, 2,040 feet, more or less, to the POINT OF BEGINNING, and containing 588 acres, more or less. Exhibit "B" ! 507=23' -3502 CITY OF PEARLAND, TEXAS SERVICE PLAN FOR 588 ACRES OF LAND LOCATED ALONG FM 518 WEST OF THE PRESENT CITY LIMIT LINE. I. INTRODUCTION. This Service Plan ("Plan") is made by the City of Pearland, Texas ("City") pursuant to Chapter 43 of the Local Government Code ("the Act"). This Plan relates to the annexation by the City of 588 acres of land ("Tract") located in Brazoria County. The Tract is described by metes and bounds in "Exhibit A" which is attached to this Plan and to the annexation ordinance of which this Plan is a part. II. TERM: EJr'ECTIVE DATE. This Plan shall be in effect for a term of ten years commencing on the effective date of the annexation of the Tract. Renewal of this Plan shall be at the option of the City. Such option may be exercised by the adoption of an ordinance by the City Council which refers to this Plan and specifically renews this Plan for a stated period of time. III. SERVICE PROGRAMS. A. In General. This Plan includes two service programs: (i) the Early Action Program, described below, and (ii) a Capital Improvement Program described below. B. Scope and Quality of Services. Services under this Plan shall equal or exceed the number of services and the level of services in existence in the Tract prior to annexation. However, it is not the intent of this Plan to require that a uniform level of services be provided to all areas of the City (including the Tract) where differing characteristics of topography, land utilization and population density are considered as sufficient basis for providing differing service levels. C. Definitions. 1. As used in this Plan, providing services includes having services provided by any method or means by which the City extends municipal services to any other area of the City. This may include causing or allowing private utilities, governmental entities and other public service organizations to provide such services, in whole or part. 2. As used in this Plan, the phrase "standard policies and procedures" means those policies and procedures of the City applicable to a particular service which are in effect either at the time that the service is requested or at the time that the service is made available or provided. The policies and procedures may require 5oT=2335a4 that a specific type of request be made, such as an application or a petition. They may require that fees or charges be paid, and they may include eligibility requirements and similar provisions. D. Early Action Program. 1. Statutory Services. The statutory services will be provided within the Tract within the period required by State law. Service will be provided immediately upon annexation in the case of police, fire protection and emergency medical service, within thirty days of annexation for solid waste collection, and within sixty days for all other services. The statutory services are as follows: a. Police Protection. The Police Department of the City will provide protection and law enforcement in the Tract. These activities will include normal patrols and responses, the handling of complaints and incident reports, and, as appropriate, support by special units of the Department. b. Fire Protection. The Pearland Volunteer Fire Department (VFD) of the City of Pearland will serve the area in cooperation with VFDs in the area according to mutually agreed to procedures. c. Emergency Medical Service. The Pearland Emergency Medical Service (EMS) will provide emergency medical service to the Tract under a contract with the City. d. Solid Waste Collection. Service will be provided to eligible property by private contractor, under contract with the City. To be eligible for City solid waste collection, service property must have frontage on a public street and place solid waste in containers approved for the specific type of occupancy. e. Maintenance of Water and Wastewater Facilities. The Tract will be served directly by the City using the rates and policies of the City. Capital recovery charges or impact fees will be assessed upon issuance of building permits for lots developed within the Tract. The City will make wastewater treatment capacity, either in existing wastewater treatment plants or in wastewater treatment facilities to be built by the City, available for the Tract. The cost of connecting to available lines will be the responsibility of the Tract owners, as it is within the existing City utility system. The City will make water available to the Tract according to the line capacity of existing lines in the vicinity of the Tract. The cost of connecting to available lines will be the responsibility of the Tract owners, as it is within the existing City utility system. -2- 507723:3505 City ordinances also provide for the installation of a separate meter for irrigation systems. A customer with such a meter is billed, but does not pay a City sewer charge, on this water use. f. Maintenance of Roads and Streets (including lighting). The Department of Public Works will provide maintenance of roads, streets, traffic control devices over which the City will have jurisdiction, and maintenance of roadside drainage ditches that are not maintained by Brazoria County Drainage District No. 4. Street lighting will be maintained on all public thoroughfares at the City's expense through a contract with Houston Lighting and Power. g. Maintenance of Parks, Playgrounds and Swimming Pools. Since there are no such public facilities within the Tract, any future maintenance of parks, playgrounds and swimming pools will result from the acquisition and development of such by the City Parks and Recreation Department. The Parks and Recreation Department will include the area in its planning for future facilities and its acquisition program. h. Maintenance of Any Other Publicly -Owned Facility, Building or Service. Those drainage facilities associated with City maintained public streets will be maintained by the Department of Public Works. Should any other facilities, buildings or services be constructed or located by the City within the Tract, an appropriate City department will provide maintenance services for them. 2. Additional Services. Certain services, in addition to the statutory services, will be provided within the Tract to the same extent they are provided to similar territories elsewhere in the City. These are as follows: a. Library Service will be provided from existing facilities and future facilities outside the Tract. As population in this area within the City grows, it will be considered for the development of additional facilities. Residents of the Tract will be eligible for borrowing privileges at City/County libraries on the same basis as current residents. b. Health Services will be provided by the Health Department to area residents and businesses. Health services include City inspection of restaurants and groceries and Animal Control. c. Code Enforcement personnel will enforce the City's housing code and ordinances against junk motor vehicles, high weeds, unsafe buildings, and illegal dumping of refuse. 5077-26=3506 d. Other City services, to the extent applicable to persons or properties within the Tract, in accordance with standard policies and procedures will be provided. E. Capital Improvement Program. The City will initiate the construction of certain capital improvements necessary for providing municipal services for the Tract. Those improvements which are necessary are indicated below, and any necessary construction or acquisition shall begin within two years of the effective date of this Plan, and be substantially complete before four and one half years of the effective date of this plan. 1. Police Protection. Additional capital improvements are not necessary at this time to provide police protection. However, the Tract will be included with other territory in connection with planning for new, revised, or expanded public safety facilities. 2. Fire Protection. Initial fire protection for the Tract will be provided by using existing facilities established by the Fire Department, however, the long term provision of service to the area will require additional capital improvements. The Tract will be included with other territory in connection with planning for new, revised or expanded fire fighting facilities. 3. Solid Waste Collection. No capital improvements are necessary at this time to provide solid waste collection services within the Tract. The Tract will be included with other territory in connection with planning for new revised or expanded solid waste facilities. 4. Water and Wastewater Plant Facilities. Capital improvements will be necessary to provide wastewater treatment service to the Tract. The City will determine what improvements will provide that service in the most efficient manner. 5. Roads and Streets (including lighting). In general, the City will acquire dominant control of all roads and jurisdiction in, over and under all roads and streets within the Tract upon annexation, subject to the jurisdiction of other local governmental entities. State highways and farm -to -market roads remain the primary responsibility of the Texas Department of Transportation, for instance. Additional roads, streets or related facilities are not necessary at this time to serve the Tract. Future extensions of roads or streets and future installation of related facilities, such as traffic control devices or street lights will be undertaken by the City as necessary. The Tract will be included with other territory in connection with planning for new, revised, widened, or enlarged roads, streets, or related facilities. 6. Parks, Playgrounds, and Swimming Pools. These services can be provided by using existing capital improvements. Additional capital improvements are not necessary at this time to provide such services to the Tract. However, the Tract -4- 1507 23:3507 will be included with other territory in connection with planning for such facilities. 7. Other Publicly -Owned Facilities, Buildings or Service; Additional Services. In general, other City functions and services, and the additional services described above, can be provided for the Tract by using existing capital improvements. Additional capital improvements are not necessary to provide City services, but the Tract will be included with other territory in connection with planning for new, revised, or expanded facilities, buildings or services. IV. AMENDMENT: GOVERNING LAW. This Plan may not be amended or repealed except as provided by the Act or other controlling law. Neither changes in the methods or means of implementing any part of the service programs nor changes in the responsibilities of the various departments of the City shall constitute amendments to this Plan and the City reserves the right to make such changes. This Plan is subject to and shall be interpreted when in accordance with the Act, the Constitution and laws of the federal governments of the United States of America and the State of Texas, and the orders, rules and regulations of governmental bodies and officers having jurisdiction. V. FORCE MAJEURE. Should a force majeure interrupt the service described herein, the City shall resume services under this Plan within a reasonable time after the cessation of the force majeure. "Force Majeure," for the purpose of this Plan shall include, but not be limited to, acts of God, acts of the public enemy, war blockades, insurrection, riots, epidemics, landslides, lightning, earthquakes, fire, storms, floods, washouts, droughts, tornadoes, hurricanes, arrests and restraints of government, explosions, collisions and other inability of the City, whether similar to those enumerated or otherwise, which is not within the control of the City. VI. ENTIRE PLAN. This document contains the entire and integrated Service Plan relating to the Tract, and supersedes all other negotiations, representations, plans and agreements, whether written or oral. -5- • Exhibit "A" f 7 METES AND BOUNDS DESCRIPTION 5O(r 23-3508 588 ACRES 588 acres, more or less, situated in the Section 7 of the H.T. & B. RR Co. Survey, Abstract No. 219; Section 8 of the H.T. & B. RR Co. Survey, Abstract No. 504; Section 9 of the H. T. & B. RR Co. Survey, Abstract No. 234; Section 15 of the H. T. & B. RR Co. Survey, Abstract No. 241; Section 15 of the H. T. & B. RR Co. Survey, Abstract No. 241; Section 17 of the H, T. & B. RR Co. Survey. Abstract No. 242; Section 19 of the H. T. & B. RR Co. Survey, Abstract No. 243; Section 20 of the H. T. & B. RR Co. Survey, Abstract No. 506; Section 21 of the H. T, & B. RR Co. Survey, Abstract No. 309; and H. T. & B. RR Co. Survey, Abstract No. 560 of Brazoria County, Texas, said 588 acres, more or less, being more particularly described by metes and bounds as follows: BEGINNING at the intersection of the north right-of-way line of F.M. 518 (100 foot width) and the west right-of-way line of O'Day road (80 foot width), also being the southeast corner of the Garden Acres Subdivision, unrecorded, and being the same tract of land described in Volume 595, Page 63 of the Deed Records of Brazoria County, also lying on the City of Pearland city limits line; THENCE WEST, with said north right-of-way line and said city limits line, 1,358 feet, more or less, to a projected line of the easterly line of that certain 39.2484 acre tract described in Clerk's File No. 94-025671 of said Deed Records, also being a northwesterly corner of said city limits; THENCE SOUTH, passing through the right-of-way of said F.M. 518, with said easterly line of the 39.2484 acre tract and said city limits line, 2,640 feet, more or less, to the southeast corner of said 39.2484 acre tract, said corner being in the north right-of-way line of Daugherty Road (County Road 91)(60 foot width); THENCE WEST, with the said north right-of-way line of Daugherty Road, and in part with said city limits line, and passing through the right-of-way of Manvel Road (F.M. 1128)(100 foot width), 4,013 feet, rnore or less, to the southeast corner of that certain 7 1/2 acre tract of land described in Volume 797, Page 488A, said corner also being in the west right-of-way line of said Manvel Road; THENCE NORTH, with said westerly right-of-way line of Manvel Road, 775 feet, more or less, to the northeast corner of a 4.6945 acre tract described in Volume 86288, Page 101, being the southeast corner of West Chester Estates, unrecorded, and the southeast comer of that certain "Tract 2" described in Volume 1700, Page 879; THENCE WEST, with the northerly line of said 4.6945 acre tract, 990 feet, more or less, to the northwest corner of said 4.6945 acre tract, being the southwesterly corner of said West Chester Estates and the southwest corner of that certain "Tract 6" described in Volume 834, Page 392; THENCE NORTH, with the west line of said West Chester Estates, 1,260 feet, more or less, to a point 500 feet south of the centerline of said F.M. 518; THENCE WEST, parallel to said centerline, 1,210 feet, more or less, to the easterly line of that certain 86.8396 acre tract described in Volume 89711, Page 566 and an east line of M.U.D. No. 1; THENCE NORTH, with said easterly line of the 86.8396 acre tract, and said east line of M.U.D. No. 1, 450 feet, more or less, to the northeast corner of said 86.8396 acre tract, being the northwest corner of that certain 13.30 acre tract described in Volume 89641, Page 611, also being a northeast corner of said M.U.D. No. 1 and lying on said south right-of-way line of F.M. 518; THENCE WEST, with said south right-of-way line of F.M. 518, 1,059 feet, more or less, to the northeast corner of that certain 1.0 acre tract described in Volume 408, Page 538; THENCE SOUTH, with the east line of said 1.0 acre tract, 209 feet, more or less, to the southeast corner of said 1.0 acre tract; THENCE WEST, with the south line of said 1.0 acre tract, 209 feet, more or less, to the southwest corner of said 1.0 acre tract; • w , vy 507� 23...3509 THENCE NORTH, with the west line of said 1.0 acre tract, 209 feet, more or less, to the northwest corner of said 1.0 acre tract and said south right-of-way line of said F.M. 518; THENCE WEST, with said south right-of-way line of F.M. 518, 451 feet, more or less, to the northwest corner of that certain 38.2906 acre tract recorded in Volume 91968, Page 809, said corner also being the northeast corner of that certain 9.2461 acre tract recorded in Volume 1757, Page 665, and a northwest corner of said M.U.D. No. 1; THENCE SOUTH, with the westerly line of said 38.2906 acre tract, and a west line of said M.U.D. No. 1, 671 feet, more or less, to the southeast corner of said 9.2461 acre tract, `said corner also being the northeast comer of that certain 10 acre tract as described in Volume 1757, Page 661; THENCE WEST, in part with a northerly line of said 10 acre tract, 670 feet, more or less, to the westerly line of said 10 acre tract; THENCE NORTH, with said westerly line of the 10 acre tract, 65 feet, more or less, to the southeast corner of a 10.305 acre tract described under Clerk's File No. 93-018201; THENCE WEST, with the south line of said 10.305 acre tract, passing through the right-of-way of Chocolate Bayou Road (County Road 89)(width unknown), 710 feet, more or less, to the westerly right-of-way line of said Chocolate Bayou Road; THENCE NORTH, with said westerly right-of-way line of Chocolate Bayou Road, 160 feet, more or less, to the northeast corner of that certain 9.5144 acre tract described under Clerk's File No. 93- 023854, said comer also being the southeast corner of that certain 5 acre tract described in Volume 889, Page 792; THENCE WEST, with the southerly line of said 5 acre tract and the southerly line of that certain tract granted to Rafael R. Viada, et ux, described in Clerk's File No. 92-27920, 822 feet, more or less, to the southwest corner of said Viada Tract, said corner also being the southeast corner of that certain 8.243 acre tract described in Volurne 85205, Page 931; THENCE WEST, with the southerly line of said 8.243 acre tract, 745 feet, more or less; THENCE NORTH, crossing said 8.243 acre tract, 550 feet, more or less, to the centerline of said F.M. 518; THENCE NORTH, in part with the westerly line of that certain 1.798 acre tract described in Volume 86242, Page 86, 522 feet, more or less, to the northeast corner of that certain 3.50 acre tract described in Volume 822, Page 662, also being the northwest corner of said 1.798 acre tract; THENCE EAST, in part with the northerly line of said 1.798 acre tract and crossing a 15.790 acre tract described in Volume 88553, Page 338, 861 feet, more or less, to the centerline of Cullen Boulevard (60 foot wide); THENCE EAST, in part with the southerly line of Lot 15 and Lot 31, as recorded in Volume 1615, Page 35, 1,578 feet, more or less, to the westerly right-of-way line of a 40 foot wide dedicated road; THENCE NORTH, with said westerly right-of-way line of 40 foot wide road, 524 feet, more or less, to the northeast corner of said Lot 31; THENCE EAST, passing through said 40 foot wide road and with the northerly line of that certain tract described in Volume 88625, Page 214, the northerly line of that certain 9.575 acre tract recorded in Volume 1570, Page 289, and the northerly line of that certain 10 acre tract described in Volume 1564, Page 73, 1,703 feet, more or less, to the west line of that certain 238.8852 acre tract described in Volume 91983, Page 482, and the west line of Brazoria County Municipal Utility District No. 16 (M.U.D. 16); THENCE SOUTH, with the west line of said M.U.D. 16, and the east line of said 40 foot dedicated road, 44.97 feet, to the south boundary line of M.U.D. 16; 507:23350 THENCE EAST, with the south line of said M.U.D. 16, 606.70 feet, to a pointror comer; THENCE SOUTH, with said southerly line, 450.00 feet to a point for corner; THENCE EAST, with the south line of said M,U.D. 16, 1,502.00 feet to a point for corner, said point being located in the east right-of-way line of Max Road (County Road 108); THENCE SOUTH, 80.94 feet along said east right-of-way line to a point for comer; THENCE EAST, in part with the north line of said Lot 32 and the north line of Lot 64 recorded in Volume 2, Page 23, 2,002 feet, more or less, to the east right-of-way line of Roy Road (40 foot width); THENCE SOUTH, along said east right-of-way of Roy Road, 32 feet, more or less; THENCE EAST, in part with the north line of Lot 23 and the north line of Lot 46 recorded in Volume 2, Page 23, 2,000 feet, more or less, to the westerly right-of-way line of Garden Road (County Road 109)(60 foot width); THENCE NORTH, with said westerly right-of-way line of Garden Road, 1,660 feet, more or less; THENCE EAST, passing through said Garden Road and with the northerly line of Section 1 of said Garden Acres, 2,017 feet, more or less, to the aforementioned west right-of-way line of O'Day Road; THENCE SOUTH, with the said west right-of-way line of said O'Day Road, 2,040 feet, more or less, to the POINT OF BEGINNING, and containing 588 acres, more or less. m AFC r" r. FILED F ,_f 'pf 95 DEC 29 AM 10t 47 k R � COUNTY SR 13 3 +wINti FILED FOR RECORD 8:00 AM FEB 2 21996 County Clerk, Harris County, Texas THE STATE OFTEXAS COUNTY OF 8R'IZQRIh I, DOLLY BAILEY, Oat eithiCaanlyeauit MIMI for Bradona CM] hiy, Tens. do bombs. can* the Ohl* and RECORDED In to OFFICMEI nint ids RED FdR RECORD stamped hereon by ana. R�D]r a data as Mai" CAI Mak at Snoods Co. TX +egg