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Ord. 1444 2011-02-28ORDINANCE NO. 1444 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28 OF 117.4457 ACRES OF LAND. WHEREAS, Brazoria County Municipal Utility District No. 28 "District is located within the corporate limits of the City of Pearland, Texas "City and WHEREAS, the City consented to the creation of the District by Ordinance No. 1055 dated March 11, 2002; and WHEREAS, Section 54.016, V.T.C.A., 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 such city grants its written consent, by resolution or ordinance, to the inclusion of the land within the district; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. All of the matters and facts set forth in the preamble hereof are true and correct. Section 2. The "Petition for Consent to Annex Land into Brazoria County Municipal Utility District No. 28 (the "Petitions are attached hereto as Exhibits "1 "and "2 and made a part hereof for all purposes. Section 3. The City Council of the City of Pearland, Texas, hereby specifically gives its written consent to the annexation of the 117.4457 acres described in the Petitions and the exhibits attached hereto, into the District conditioned upon the terms set forth in Ordinance No. 1055. Section 4. This Ordinance 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. ORDINANCE NO. 1444 PASSED and APPROVED on FIRST READING this the 14 day of February, A. D., 2011. ATTEST: ATTEST: JA‘ Yo NG Le' T.) C f Y SE %r' ETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY PASSED and APPROVED ON SECOND AND FINAL READING this the 28 day of February, A. D., 2011. TOM REID MAYOR THE STATE OF TEXAS COUNTY OF HARRIS TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: The undersigned, BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28 (the "District"), and SUE ALEXANDER MORRISON, the owner of the land hereinafter described, and BEAZER HOMES TEXAS, L.P., a Delaware limited partnership (collectively, the "Petitioner acting pursuant to the provisions of Chapters 49, Texas Water Code, particularly Section 49.301 of that Code, together with all amendments and additions thereto, respectfully petition the City Council of the City of Pearland, Texas (the "City for its written consent to the annexation by the District of the 56.2558 acres of land described by metes and bounds in Exhibit A (the "Land which is attached hereto and incorporated herein for all purposes. In support of this petition, the undersigned would show the following: The District is a municipal utility district duly created under the laws of the State of Texas on February 27, 2003. The District was created and organized under the terms and provisions of Article XVI, Section 59, of the Constitution of Texas, and is governed by the provisions of Chapters 49 and 54, Texas Water Code. Sue Alexander Morrison holds fee simple title to the Land, as indicated by the certificate of ownership provided by the Harris County Appraisal District, and represents that there are no lienholders on the Land. 321056_2 PETITION FOR CONSENT TO ANNEX LAND INTO BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28 I. II, The Land is situated wholly within Harris County, Texas. All of the Land is within the corporate limits of the City. All of the Land may properly be annexed into the District. Iv. The general nature of the work to be done within the Land is the construction, acquisition, maintenance and operation of a waterworks and sanitary sewer system, and a drainage and storm sewer system. V. There is, for the following reasons, a necessity for the above described work. The Land, which will be developed for commercial and /or residential purposes, is urban in nature, is within the growing environs of the City, is in close proximity to populous and developed sections of Brazoria and Harris Counties, and within the immediate future will experience a substantial and sustained residential and commercial growth. There is not now available within the Land an adequate waterworks and sanitary sewer system nor an adequate drainage system, and it is not presently economically feasible for the Land to provide for such systems itself, Because the health and welfare of the present and future inhabitants of the Land and of lands adjacent thereto require the construction, acquisition, maintenance and operation of an adequate waterworks and sanitary sewer system and a drainage and storm sewer system, a public necessity exists for the annexation of the Land into the District, to provide for the purchase, construction, extension, improvement, maintenance and operation of such waterworks and sanitary sewer system and such drainage and storm sewer system, so as to promote the purity and sanitary condition of the State's waters and the public health and welfare of the community. VI. The undersigned estimate, from such information as they have at this time, that the cost of extending the District's facilities to serve the Land is $3,381,698.50. VII. Beazer Homes Texas, L.P., a Delaware limited partnership, has entered into an earnest money contract to purchase the Land and desires to be considered a Petitioner for consent to the annexation, The owner of the Land (at the time the Land is annexed into the District) and the District agree and hereby covenant that if the requested consent to the annexation of the Land to the District is given, and the Land is annexed into the District, such owner and the District will adopt and abide by the conditions set forth in Exhibit 13, attached hereto and incorporated herein for all purposes. 321056,2 VIII. WHEREFORE, the undersigned respectfully pray that this petition be heard and granted in all respects and that the City give its written consent to the annexation of the Land into the District. 321056_2 [EXECUTION PAGES FOLLOW] -3- AT PEST: RESPbC I FULLY SUBMITTED on February 2, 2011. By ,}9 40 I b Stefanie Ricks Secretary, Board of Direc (SEAL) THE STATE OF TEXAS COUNTY OF HARRIS (NOTARY SEAL) ti 1.01.444 ''L H By BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28 9° y J' f 0✓ IOYND1 321056.2 _[1_ Stacey Wagne President, Board of Directors This instrument was acknowledged before me on February 2, 2011, by Stacey Wagner, as President, and Stefanie Ricks, as Secretary, of the Board of Directors of Brazoria County Municipal Utility District No. 28, a political subdivision of the State of Texas, on behalf of said political subdivision. Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF -ie S (NOTARY SEAL) 721056_2 PHIL MORALE Notary PubIb STATE OF TEXAS My Comm. Exp. 12 -02 -12 SU ALEXANDER MORRISON This instrument was acknowledged before me on 2011 by SUE ALEXANDER MORRISON. Notary Public, S THE STATE OF TEXAS COUNTY OF HARRIS (NOTARY 321056_2 Attachments: Exhibit A: Legal Description of the Land Exhibit B: Conditions of City BEAZER HOMES TEXAS, L.P., a Delaware limited partnership -6- By: Beazer Homes Texas Holdings, t3EAZeRt{ s Inc. a Delaware corporation, its BY:BEAZ A 000 INS, INC IT'S GE SY' KURTWATZE OR 1 I'RE91d NT Hebt1RtTITI IP?Fi Kurt Watzek Sr. Division President EARNEST MONEY CONTRACT HOLDER This instrument was acknowledged before me on. Lei, 1 2011 by Kurt Watzek, Sr. Division President of Beazer Homes Texas. Holdings, Inc., a Delaware corporation, as General Partner of BEAZER HOMES TEXAS, L.P., a Delaware limited partnership, on behalf of said corporation and said limited partnership. Notary Public, State of Texas After recording, return: to: Allen Boone Humphries Robinson LLP, 3200 Southwest Freeway, Suite 2600, Houston, Texas 77027, Attn: Yvonne Onak. EXHIBIT A DESCRIPTION OF 56.2558 ACRES PROPOSED ANNEXATION TRACT 1 BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28 Page 1 of 3 I: WroJ dsx11SUfVE `r1171110009Vd &HV3CMUD26 Annex Tr1;66.2556ac.doc January 25, 2011 Job No, 1711 -0009 -220 Being 56.2558 acres of land located in the Q.H.M. Hunter Survey, Abstract 36, Harris County, Texas, more particularly being a portion of that certain called 181,6209 acre tract (designated as Partition No. 4) conveyed to Sue Alexander Morrison (aka Susie Alexander Morrison), by Instrument of record in Volume 1590, Page 93, Deed Records of Brazoria County (B.C.D.R,) and File No. 14178351, Official Public Records of Real Property of said Harts County (H.C.O.P.R.R.P,), said 56.2558 acres being more particularly described by metes and bounds as follows, all bearings referenced to the southeasterly line of 155.4029 acre tract„ South 44° 18' 28" West (designated as Partition No, 5) of record in Volume (91)880, Page 478, Official Records of said Brazoria County (B.C.O,R.) and File No. R840236, H portions of said 155.4029 acre tract being conveyed to John Alexander Family Limited Partnership, by Instruments of record In Hie No's R840238, R840239, R840240 and Y450871, H BEGINNING at the north comer of said 181.6209 acre tract, the east corner of that certain called 100.154 acre tract conveyed to A Si G Creekside Venture No. 1, LLC, by instrument of record In File No. W890013, H on the southwesterly line of that certain called 4.4162 acre tract conveyed to the County of Harris and the City of Houston, by Instrument of record In File No. J653244, H.C.O.P.R.R,P, and on the common survey line of saki D.H.M, Hunter Survey, A -36 and the H.T.313,R.R. Survey, Abstract 410; Thence, with the northeasterly line of said 181.6209 acre tract and with the northeasterly line of said D.H.M. Hunter Survey, A-36, South 45° 42' 47" East, 877.81 feet to the east comer of said 181.6209 acre tract, the north corner of the aforementioned 155.4029 acre tract, and on the southwesterly line of Clear Brook Meadows Sec. 4, a subdivision of record in Film Code No. 521100, Map Records of saki Harris County; 1 56.2558 Acres Thence, leaving said northeasterly 155.4029 acre tracts, South 44° 16' 36 centerline of Clear Creek, same being on Counties; Thence, with the centerline of said Clear Creek and with said common county line, the following eleven (12) courses: 1) South 44° 16' 28" West, 1.87 feet to a point for corner; 2) North 04 07' 32" West, 97,55 feel to a point for corner; 3) North 11° 00' '13" West, 41.82 feet to a point for corner; 4 North 25° 32' 19" West 5) North 47° 12' 29' West, 6) North 53° 18' 02" West, 7) North 41° 14' 38" West, Page 2 of 3 I:WroJdakll URVEM1711V)IXI0\M&RBCli1UD28 Annex Tr1_56,2558aaUoc 105.12 feet to a point for corner; 104.16 feet to a point for corner, 107.02 feet to a point for corner; 43.96 feet to a point for corner; 8) North 30° 55' 54" West, 110.11 feet to a point for comer; 9) North 26° 23' 10° West, 92.91 feet to a point for comer; 10) North 28° 52' 13° West, 43.32 feet to a point for corner; 11) North 26' 36' 33" West, 97.96 feet to a point for comer; January 25, 2011 Job No. 1711 0009 -220 lines and with the common line of said 181.6209 and West, 2,925,80 feet to a point for corner on the the common county line of said Harris and Brazoria 56.2558 Acres January 25, 2011 Job No. 1711 0009 -220 12) North 24° 38' 28" West, 95.71 feet to a point for comer on the northerly Tine of said 181.6209 acre tract, same being the south comer of the aforementioned 100.154 acre tract; Thence, with the common line of said 181.6209 and 100,154 acre tracts, North 44° 16' 12" East, 2,678.21 feet to the POINT OF BEGINNING and containing 56.2558 acres of land. This document was prepared under 22 TAO 663.21, and does not reflect the results of an on- the ground survey and Is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which It was prepared. Page 3 of 3 I: W roJdsk SURYEY1171110QD91Md✓'a1': An matt Tr1 5©,2b50ac,rloe LJA Engineering Surveying, Inc, EXHIBIT B (a) The City of Pearland, Texas (the "City"), by execution of its City Manager, and the developer on behalf of the District have entered into and executed a utility agreement that specifies the terms and conditions for providing water and sewage treatment services to the District (the "Utility Agreement The District shall assume all the rights, obligations, and interests of the developers under the Utility Agreement, as set forth therein. (b) The District may issue bonds, including refunding bonds, for any purposes authorized by law, including but not limited to, purchasing, refinancing, designing and constructing, or otherwise acquiring waterworks systems, sanitary sewer systems, storm sewer systems, and drainage facilities, or parts of such systems or facilities, and to make any and all necessary purchases, constructions, improvements, extensions, additions, and repairs thereto, and to purchase or acquire all necessary land, 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. Such bonds must provide that the District reserves the right to redeem said bonds on any date subsequent to the fifteenth (15th) anniversary of the date of issuance (or any earlier date at the discretion of the District) without premium, and none of such bonds, other than refunding bonds, will be sold for less than 95% of par; provided that 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, will 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 one -month period next preceding the date of the sale of such bonds. The resolution authorizing the issuance of the District's bonds will contain a provision that the pledge of any 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 annexes the District, takes over the assets of the District, and assumes all of the obligations of the District, (c) Before the commencement of any construction within the District, its directors, officers, or developers and landowners will submit to the City, or to its designated representative, all plans and specifications for the construction of water, sanitary sewer and drainage facilities to serve the District and obtain the approval of such plans and specifications therefrom. All water wells, water meters, flushing valves, valves, pipes, and appurtenances thereto, installed or used within the District, will conform to the specifications of the City. All water service lines and sewer service lines, lift stations, and appurtenances thereto, installed or used within the District will comply with the City's standard plans and specifications as amended from time to time. Prior to the construction of such facilities within or by the District, the District or its engineer will give written notice by registered or certified mail to the City, stating the date that 921056_2 such construction will be commenced. The construction of the District's water, sanitary sewer, and drainage facilities will 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 may make periodic on- the ground inspections. (d) Prior to the sale of arty lot or parcel of land, the owner or the developer of the land included within the limits of the District will obtain the approval of the Planning and Zoning Commission of the City of a plat which will be duly recorded in the Official Records of Brazoria County or Harris County, Texas, as appropriate, and otherwise comply with the rules and regulations of the Engineering Department and the Department of Public Works of the City of Pearland. x21056_2 -2- THE STATE OF TEXAS COUNTY OF HARRIS 1, the undersigned Secretary of the Board of Directors of Brazoria County Municipal Utility District No. 28, do hereby certify that the attached and foregoing is a true and correct copy of the Petition For Consent To Annex Land Into Brazoria County Municipal Utility District No. 28 that was filed with the Board of Directors of the District on February 2, 2011. WITNESS MY HAND AND SEAL OF SAID DISTRICT on February 2, 2011. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28 (SEAL) 321056_2 CERTIFICATE By:Si M:E4 Secretary, Board of Directors PETITION FOR CONSENT TO ANNEX LAND INTO BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28 THE STATE OF TEXAS COUNTY OF HARRIS 1, L TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS; The undersigned, BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO, 28 (the "District and the JOHN ALEXANDER FAMILY LIMITED PARTNERSHIP, a Texas limited partnership, the owner of the land hereinafter described, and BEAZER HOMES TEXAS, L.P., a Delaware limited partnership (collectively, the "Petitioner acting pursuant to the provisions of Chapters 49, Texas Water Code, particularly Section 49.301 of that Code, together with all amendments and additions thereto, respectfully petition the City Council of the City of Pearland, Texas (the "City for its written consent to the annexation by the District of the 61.1899 acres of land described by metes and bounds in Exhibit A (the "Land which is attached hereto and incorporated herein for all purposes. In support of this petition, the undersigned would show the following: The District is a municipal utility district duly created under the laws of the State of Texas on February 27, 2003., The District was created and organized under the terms and provisions of Article XVI, Section 59, of the Constitution of Texas, and is governed by the provisions of Chapters 49 and 54, Texas Water Code, II. The John Alexander Family Limited Partnership, a Texas limited partnership, holds fee simple title to the Land, as indicated by the certificate of ownership provided by the Harris County Appraisal District, and represents that there are no lienholders on the Land. The Land is situated wholly within I Iarris County, Texas. All of the Land is within the corporate limits of the City. All of the Land may properly be annexed into the District, 320966,2 IV. The general nature of the work to be done within the Land is the construction, acquisition, maintenance and operation of a waterworks and sanitary sewer system, and a drainage and storm sewer system. V. There is, for the following reasons, a necessity for the above described work. The Land, which will be developed for commercial and /or residential purposes, is urban in nature, is within the growing environs of the City, is in close proximity to populous and developed sections of Brazoria and Harris Counties, and within the immediate future will experience a substantial and sustained residential and commercial growth. There is not now available within the Land an adequate waterworks and sanitary sewer system nor an adequate drainage system, and it is not presently economically feasible for the Land to provide for such systems itself. Because the health and welfare of the present and future inhabitants of the Land and of lands adjacent thereto require the construction, acquisition, maintenance and operation of an adequate waterworks and sanitary sewer system and a drainage and storm sewer system, a public necessity exists for the annexation of the Land into the District, to provide for the purchase, construction, extension, improvement, maintenance and operation of such waterworks and sanitary sewer system and such drainage and storm sewer system, so as to promote the purity and sanitary condition of the State's waters and the public health and welfare of the community. VL The undersigned estimate, from such information as they have at this time, that the cost of extending the District's facilities to serve the Land is $3,678,301.50. Beazer Homes Texas, L.P., a Delaware limited partnership, has entered into an earnest money contract to purchase the Land and desires to be considered a Petitioner for consent to the annexation. The owner of the Land (at the time the Land is annexed into the District) and the District agree and hereby covenant that if the requested consent to the annexation of the Land to the District is given, and the Land is annexed into the District, such owner and the District will adopt and abide by the conditions set forth in Exhibit 13, attached hereto and incorporated herein for all purposes. 320466_2 VIII, -2- WHEREFORE, the undersigned respectfully pray that this petition be heard and granted in all respects and that the City give its written consent to the annexation of the Land into the District. 320466_2 [EXECUTION PAGES FOLLOW] AT I bST: RESPECI'.FULLY SUBMITTED on February 2, 2011, By:. 41/n \rc Stefania Ricks Secretary, Board of Directo (SEAL) THE STATE OF TEXAS COUNTY OF I ARRIS 32O466_2 SHARON GOVAN MY COMMISSION EXPIRES March 20,2012 BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28 By: Stacey Wagne President, Board of Directors This instrument was acknowledged before me on February 2, 2011, by Stacey Wagner, as President, and Stefania Ricks, as Secretary, of the Board of Directors of Brazoria County Municipal Utility District No. 28, a political subdivision of the State of Texas, on behalf of said political subdivision. Notary Public, State of Texas THE STATE OF TEXAS (NOTARY SEAL) tVerJE9rrl r muiu ll ti -ear -r .w y 4 J. PATRICK COULSON Notary Public, State of Texas Commission Expos 08-01-2013 320466_. 9 JOHN ALEXANDER FAMILY LIMITED PARTNERSHIP, a Texas limited partnership By: ohnn3'Bill Alexander Managing General Partner 9 COUNTY OF F3RA This instrument was acknowledged before me on A4)14,14-'1 31, 2011 by Johnny Bill Alexander, Managing General Partner of the JOHN ALEXANDER FAMILY LIMITED PARTNERSHIP, a Texas limited partnership, on behalf of said limited partnership. 4 ary Public, State of Texas THE STATE OF TEXAS COUNTY OF HARRIS 320466„„2 Attachments: Exhibit A: Legal Description of the Land Exhibit 13: Conditions of City BEAZER HOMES TEXAS, L.P., a Delaware: limited partnership By: Beazer BEAZER BY: BEA IT'S GE BY: Homes Texas Holdings, ,e corporation, its ?HOLDINGS, INC., KWH? WA it K 5JVI01I ISION PRESIDENT 11 "Y: PIbl lt-Mi Kurt Watzek Sr. Division President EARNEST MONEY CONTRACT HOLDER This instrument was acknowledged before me on Fc' 1 Watzek, Sr. Division President of Beazer Homes Texas Holdings, corporation, as General Partner of BEAZER HOMES TEXAS, L.P„ a partnership, on behalf of said co oration and said limited partnership Kara A Chan (NOTARY 5 Notary Public, State of Texas My Commission Expires: m August 13, 2011 YW U.Aa. 2011 by Kurt Inc„ a Delaware Delaware limited k axiA. a.. Notary Public, State of Texas After recording, return to: Allen Boone Humphries Robinson LLP, 3200 Southwest Freeway, Suite 2600, Houston, Texas 77027, Attn: Yvonne Onak. EXHIBIT A DESCRIPTION OF 61.1899 ACRES PROPOSED ANNEXATION TRACT 2 BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28 January 25, 2011 Job No. 1711- 0009 -220 Being 61.1899 acres of land located in the D.H.M. Hunter Survey, Abstract 38, Harris County, Texas, more particularly being a portion of that certain called 155.4029 acre tract (designated as Partition No. 5) of record in Volume (91)680, Page 476, Official Records of Brazoria County (B,C,O.R.) and File No. R840238, Official Public Records of Real Property of said Harris County (H.C.O.P.R.R.P.), portions of said 155.4029 acre tract being conveyed to John Alexander Family Limited Partnership, by Instruments of record in File No's R840238, R840239, R840240 and Y450671, H.C.O.P.R.R.P., said 61.1899 acres being more particularly described by metes and bounds as follows, all bearings referenced to a southeasterly line of 155,4029 acre tract., South 44° 18' 28° West; COMMENCING at the north corner of that certain called 181.6209 acre tract (designated as Partition No. 4) conveyed to Sue Alexander Morrison (aka Susie Alexander Morrison), by instrument of record in Volume 1596, Page 93, Deed Records of said Brazoria (B.C.D.R.) and File No. H178351, H.C.O.P.R.R.P., the east corner of that certain called 100.154 acre tract conveyed to A G Creeksido Venture No. 1, LLC, by instrument of record in File No. W890013, H.C.O.P.R.R.P., on the southwesterly line of that certain called 4.4162 acre tract conveyed to the County of Harris and the City of Houston, by instrument of record In File No. J653244, H.C.O.P.R.R.P. and on the common survey line of sold D.H.M. Hunter Survey, A-36 and the H.T. &0.R.R. Survey, Abstract 410; Thence, with the northeasterly line of said 181,6209 acre tract and with the northeasterly line of said D.H,M. Hunter Survey, A -36, South 45° 42' 47" East, 877.81 feet to the east corner of said 181.6209 acre tract, the north corner of the aforementioned 155.4029 acre tract, and on the southwesterly line of Clear Brook Meadows Sec. 4, a subdivision of record in Film Code No. 521100, Map Records of said Harris County for the POINT OF BEGINNING; Page 1 of 3 1:1Proidekl\SURVEY\l r91100DDWA4a\8CAAUU2a Ann tut Tr2_ 01,1 BON c,doc 81.1899 Acres January 25, 2011 Job No. 1711-0009-220 Thence, continuing along the common line of said 155.4029 acre tract and said Clear Brook Meadows Sec. 4, and the northeasterly line of said D.H.M. Survey, A -36, South 45° 42' 47° East, 519,97 feet to a point for comer marking the south corner of said Clear Brook Meadows Sec. 4, same being the most northerly corner of that certain called 12.597 acre tract conveyed to Clear Brook City Municipal Utility District, by instrument of record in File No, U800015, H,C.O.P.R.R.P,; Thence, with the northwesterly line of said 12.597 acre tract the following three (3) courses: 1) South 44° 16' 34° West, 130,00 feet to a point for corner; 2) South 01° 43' 15" West, 337.44 feet to a point for corner, 3) South 44° 16' 12" West, 3,589.03 feet to the most westerly south corner of said 12.597 acre tract, same being on the centerline of Clear Creek and on the common county line of Harris and Brazoria Counties; Thence, with the centerline of said Clear Creek and with said common county line, the following nine (9) courses: 1) North 41° 20' 51' West, 172.65 feet to a point for corner; 2) North 14° 11' 12" West, 89.15 feet to a point for comer, 3) North 04° 43' 38" West, 115,41 feet to a point for comer; 4) North 05° 09' 05° East, 210.06 feet to a point for corner, 6) North 17° 39' 40" East, 261.69 feet to a point for corner; Page 2 of 3 1:1Proidek11 LIIIVEYl1711We99Wble \BCMt1028Annex T2,.,61.198Jec.doc 61.1Et99 Acres 6) North 42° 59' 16" East, 137.31 feet to a point for comer; 7) North 50° 46' 02" East, 139.27 feet to a point for comer; 8) North 12° 22' 41" East, 206.05 feet to a point for corner, North 04° 27' 55" West, 89.59 feet to a point for comer, being on the north line of said 155.4029 acre tract and on the southwesterly line of said 181.6209 acre tract; Thence, along the common line of said 155.4029 and 181.6209 acre tracts, North 44° 16' 38" East, 2,925.60 feet to the POINT OF BEGINNING and containing 61.1899 acres of land. This document was prepared under 22 TAC 663.21, and does not reflect the results of an on- the ground survey and Is not to be used to convey or establish Interests In real property except those rights and interests Implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. 2& -2o Page 3 of 3 I:1Frojdf t l8URVEY1171110ao0 ;eV3Drv1UD2a Annex Tr2_61.189Oae.doe January 25, 2011 Job No. 1711-0009-220 LJA Engineering Surveying, Inc. EXHIBIT B (a) The City of Pearland, Texas (the "City"), by execution of its City Manager, and the developer on behalf of the District have entered into and executed a utility agreement that specifies the terms and conditions for providing water and sewage treatment services to the District (the "Utility Agreement The District shall assume all the rights, obligations, and interests of the developers under the Utility Agreement, as set forth therein. (b) The District may issue bonds, including refunding bonds, for any purposes authorized by law, including but not limited to, purchasing, refinancing, designing and constructing, or otherwise acquiring waterworks systems, sanitary sewer systems, storm sewer systems, and drainage facilities, or parts of such systems or facilities, and to make any and all necessary purchases, construction's, improvements, extensions, additions, and repairs thereto, and to purchase or acquire all necessary land, 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. Such bonds must provide that the District reserves the right to redeem said bonds on any date subsequent to the fifteenth (15th) anniversary of the date of issuance (or any earlier date at the discretion of the District) without premium, and none of such bonds, other than refunding bonds, will be sold for less than 95% of par; provided that 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, will 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 one -month period next preceding the date of the sale of such bonds. The resolution authorizing the issuance of the District's bonds will contain a provision that the pledge of any 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 annexes the District, takes over the assets of the District, and assumes all of the obligations of the District. (c) Before the commencement of any construction within the District, its directors, officers, or developers and landowners will submit to the City, or to its designated representative, all plans and specifications for the construction of water, sanitary sewer and drainage facilities to serve the District and obtain the approval of such plans and specifications therefrom. All water wells, water meters, flushing valves, valves, pipes, and appurtenances thereto, installed or used within the District, will conform to the specifications of the City. All water service lines and sewer service lines, lift stations, and appurtenances thereto, installed or used within the District will comply with the City's standard plans and specifications as amended from time to time. Prior to the construction of such facilities within or by the District, the District or its engineer will give written notice by registered or certified mail to the City, stating the date that 320166_2 such construction will be commenced. The construction of the District's water, sanitary sewer, and drainage facilities will 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 may make periodic on- the ground inspections. (d) Prior to the sale of any lot or parcel of land, the owner or the developer of the land included within the limits of the District will obtain the approval of the Planning and Zoning Commission of the City of a plat which will be duly recorded in the Official Records of Brazoria County or Harris County, Texas, as appropriate, and otherwise comply with the rules and regulations of the Engineering Department and the Department of Public Works of the City of Pearland. 926166_2 -2- THE STATE OF TEXAS COUNTY OF HARRIS I, the undersigned Secretary of the Board of Directors of Brazoria County Municipal Utility District No. 28, do hereby certify that the attached and foregoing is a true and correct copy of the Petition For Consent To Annex Land Into Brazoria County Municipal Utility District No, 28 that was filed with the Board of Directors of the District on February 2, 2011. WITNESS MY HAND AND SEAL OF SAID DISTRICT on February 2, 2011, BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28 (SEAL) 320466_2 CERTIFICATE By: ,/n;Q. Secretary, Board of Directors