R83-17 08-08-83 RESOLUTION NO. PR%-]7
A RESOLUTION OF THE CITY OF PEARLAND, TEXAS, GIVING CONSENT
TO THE CREATION OF A MUNICIPAL UTILITY DISTRICT WITHIN ITS
EXTRATERRITORIAL JURISDICTION
WHEREAS, Section 54.016, V.T.C.A., 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
landowners have requested that a Municipal Utility District be
created; and
WHEREAS, 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 of 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.
7 of Brazoria County, Texas; Now, Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARIeIND,
TEXAS:
1. That all of the matters and facts set forth in the
preamble hereof are true and correct.
2. That upon the following terms and conditions the City
Council of the City of Pearland, Texas, hereby specifically gives
its written consent, as provided by Section 54.016, Texas Water
Code, as amended, to the creation of a Municipal Utility District
within the extraterritorial jurisdiction of said City. Said
Municipal Utility District shall be created by authority of
Article XVI, Section 59, Texas Constitution, and in accordance
with the provisions of Chapter 54, Texas Water Code, as amended.
The Municipal Utility District shall be named Brazoria County
Municipal Utility District No. 7, 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 by and
adhere to all of the terms and conditions set forth in Exhibit
"B" attached hereto and made a part hereof for all purposes; and
(b) That the District shall issue bonds, warrants or other
debt obligations, in the manner and to the extent authorized by
the Constitution and laws of the State of Texas, for the purpose
of providing fire protection services to the residents of the
District when it is determined by the City and the District
issuing such bonds, warrants or other debt obligations that such
services are needed for the health, safety and general welfare of
the residents of the District; and
(c) That the owner or developer of the land within the
boundaries of Brazoria County Municipal Utility District No. 7
will covenant and agree that he, they, or it, will develop said
areas within said District in accordance with the following
development criteria, to-wit:
(1) That all areas within the aforenamed District
shall be developed in general accordance with the Conceptual
Plan and Density Ratios set forth on the Conceptual Plan
attached hereto as Exhibit "C" and made a part of this
resolution for all intents and purposes.
(2) That the owner or developer shall not develop the
property in such a manner as to exceed a total number of
dwelling units per acre or its equivalent for each land use
designated based upon the following: 21.78 dwelling
units per acre for multi-family residential development;
-2-
4 .5 dwelling units per acre for single family
residential development; and the maximum number of dwelling
unit equivalents per acre permitted by the City' s Code in
effect as of the consent date for forms of land use other
than residential. •
(3) That all developed lots intended for use as single
family detached dwellings shall be of a minimum size of
sixty (60) feet in width and one hundred five (105) feet in
depth, and all lots fronting on any cul-de-sac street shall
have a minimum front width of not less than Thirty-Five (35)
feet, and a total square foot lot area of not less than 6300
square feet.
(4) 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 sixty five (65) feet from thee..
nearest boundary of such an easement.
4 . 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 of Lf�-a ,
1983 , at a regular meeting of the City Council duly called as
required by law.
CITY OF PEARLAND, T XAS
B ")-92
TOM REID, Mayor
City of Pearland, Texas
ATTEST:
(2L41-,/
ity Secrets
•
Exhibit "A"
OEHN 5401 MITCHELLDALE
NGINEERS, INC. SUITE A2
HOUSTON, TEXAS 77092
713/ 682-2527
FIELD NOTES FOR A
208 . 2113 ACRE TRACT
BRAZORIA COUNTY, TEXAS
A tract of land containing 208.2113 acres (9 , 060, 686 Sq. Ft. )
more or less , being out of the John W. Maxcy Survey A-721 and the
H.T. & B.R.R. Survey A-506 and being all of Lots 11 , 12 , 13 , 14,
15 , 26 and 27 of the Allison Richey Gulf Coast Home Company
Subdivision, Section 20 according to a plat thereof recorded in
Volume 2 , Page 23 of the Map Records of Brazoria County, Texas ,
said tract being described as follows :
BEGINNING at a 1 inch iron pipe in the north right-of-way line of
Smith- Miller Road (FM Highway No. 3344 ) ( 120 feet wide ) on the
southeast corner of Lot 15 in the said Allison Richey Gulf Coast
Home Company Subdivision_ ; also being the southeast corner of the
herein described tract; •
THENCE N 89 ° 38' 54" W , along the north right-of-way line of said
Smith- Miller Road (FM Highway No. 3344 ) at 1302.55 feet, pass a
concrete monument continuing in all a total distance of 1961 .23
feet to a concrete monument for an angle point;
THENCE S 53 ° 22' 02" W , continuing along the north right-of-way
line of the ,-said Smith-Miller Road (FM Highway No. 3344 ) , a
distance of 891 .27 feet to a concrete monument;
THENCE SOUTHWESTERLY with said north right-of-way line of Smith-
Miller Road (FM Highway No. 3344 ) , along the arc of a 1849. 86
foot radius curve to the right, a distance of 379.96 feet to a
5/8 inch iron rod; said arc having a central angle of 11 ° 46' 07"
and being subtended by a chord bearing S 59 ° 15' 05 " W , 379.29
feet in length;
THENCE N 00 ° 27 ' 26" W , at 3104.97 feet pass a 2 1 /2 inch iron
pipe and continuing for a total distance of 3317.14 feet to a 5/8
inch iron rod;
THENCE S 89 ° 54 ' 23 " E, at 1533.43 feet pass a 5/8 inch iron rod
and continuing for a total distance of 2196.87 feet to a 5/8 inch
iron rod;
THENCE S 00 ° 01 ' 32" E, for a distance of 5. 50 feet to a 5/8 inch
iron rod;
THENCE S 89 ° 32' 51 " E, for a distance of 1643. 89 feet to a 5/8.
inch iron rod in the west right-of-way line of Hillhouse Road ( 40
feet wide ) ;
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•
OEHN 5401 MITCHELLDALE
NGINEERS, INC. • SUITE A2
HOUSTON, TEXAS 77092
713/ 682-2527
THENCE S 00 ° 05' 12" E, along the west right-of-way line of
said Hillhouse Road a distance of 1044.09 feet to a 1 inch iron
pipe at the southeast corner of Lot 27 of said Allison Richey
Gulf Coast Home Company Subdivision;
THENCE N 89 ° 41 ' 02" W , along the south line of said Lot 27 a
distance of 811 . 77 feet to a 1 inch iron pipe for the common
corners of Lots 27, 12, 13 and 28 of said Allison Richey • Gulf
Coast Home Company Subdivision;
THENCE S 00 ° 03' 44" W , a distance of 1541 .66 feet to the PLACE
OF BEGINNING.
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EXHIBIT "B"
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 (2-1/2) percent of par value
reducing one-half (1/2) 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 (95%) percent
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
(2) percent 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 notice 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 .
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 in Chapter 54 , all construction contracts shall
be let on a competitive biddings 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,
of directors authorizing the issuance of any bonds of the
district, absent the interest rates on and sales price of
the bonds. Such letters of the Mayor shall be given within
a reasonable time upon request.
H. Utility Rates: The district will use its best efforts
to charge rates for water and sewer service not less than
the rates charged by the City to its customers. However,
the nature and amount of such rates shall be within the sole
and exclusive discretion of the board of directors of the
district.
I. City Recommendations: The City of Pearland, acting
through the Mayor and the City' s financial advisor, will
make recommendations to the board of directors of the
district and its financial advisor as to the amount of bonds
that shall be authorized, the installment sale of such
authorization, the maturity schedule of each installment,
the optional provisions to be contained in such bonds, and
the sale and delivery of the district bonds. However, the
district shall be under no 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 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 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
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 City' s consent to the creation of a district
• shall be obligated to guarantee the payments imposed upon a
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82481
JUN 3 1983
CITY OF
PETITION FOR CONSENT TO CREATION OF PEARLAND
A MUNICIPAL UTILITY DISTRICT
THE STATE OF TEXAS §
COUNTY OF BRAZORIA §
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF PEARLAND:
The undersigned, appearing through duly authorized agents
and representatives, and acting pursuant to the provisions of
Chapter 54 , Texas Water Code, as amended, respectfully petition
this Honorable Council for its consent to the creation of a
Municipal Utility District, and for cause would respectfully show
the following:
I.
The name of the proposed District shall be Brazoria County
Municipal Utility District No. 7 .
II.
Said District shall be organized under the terms and
provisions of Article XVI , Section 59 of the Constitution of
Texas, and Chapter 5.4 , Texas Water Code, together with all
amendments and additions thereto.
III.
Said District shall contain an area of approximately
208 . 2113 acres of land, situated within Brazoria County, Texas,
described by metes and bounds in Exhibit "A" , which is attached
hereto and incorporated herein, and no part thereof lies within
the limits of any incorporated village, town or city. Said
District includes territory which is within the extraterritorial
jurisidiction of the City of Pearland pursuant to the Municipal
Annexation Act, Article 970a, Texas Revised Civil Statutes, as
•
V.
Said District shall be organized for the following purposes:
(1) The control, storing, preservation and
distribution of its waters and flood waters, the
waters of its rivers and streams , for all useful
purposes, including municipal, domestic,
industrial and communal uses;
(2) The control, abatement and change of any shortage
or harmful excess of waters, and the protection,
preservation and restoration of the purity and
sanitary condition of water within the District;
(3) The collection, transportation, processing,
disposal and control of all domestic, industrial
or communal wastes, whether of fluids, solids or
composites; and
(4) The fire-fighting purposes set forth in Section
50 .055 Texas Water Code, as amended.
The aforementioned purposes are to be accomplished by any
and all mechanical and chemical means and processes incident,
necessary or helpful to such purposes, to the end that public
health and welfare may be conserved and promoted and the purity
and sanitary condition of the State' s waters protected, effected
and restored.
VI.
The general nature of the work to be done by and within the
District at the present time is the construction, maintenance and
operation of a waterworks system for domestic, industrial and
commercial purposes , and the construction, maintenance and
operation of a sanitary sewer collection system and sewage
enterprises as shall be consonant with the purposes for which the
District is organized.
• VII.
There is a necessity for the improvements above described
because the District is located within an area which will
experience a substantial and sustained residential and commercial
growth within the immediate future, is urban in nature and is not
supplied with adequate water, sanitary sewer and drainage
facilities and services. The health and welfare of the future
inhabitants of the District and of the inhabitants of the area
adjacent thereto require the acquisition and installation of an
adequate waterworks system, storm and sanitary sewer collection
and disposal system, and fire-fighting facilities.
The purchase, construction, extension, improvement,
maintenance and operation of such waterworks system, storm and
sanitary sewer collection and disposal system and fire-fighting
facilities will conserve and preserve the natural resources of
this State by promoting and protecting the purity and sanitary
condition of the State' s waters and will promote and protect the
public health and welfare of the community; therefore, a public
necessity exists for the organization of said District.
VIII.
Said proposed improvements are practicable and feasible, in
that the terrain of the territory to be included in the proposed
District is of such a nature that a waterworks system and
sanitary and storm sewer systems can be constructed at a
reasonable cost; and said territory will be rapidly developed as
a residential section and will continue so to develop until the
(411.6
•
approximately Nine Million Six Hundred Thousand Dollars
($9 ,600 ,000 .00) .
X.
The undersigned, in requesting that the City Council grant
its consent as above stated, is willing to accept such consent
based upon the terms and conditions set out below and in
consideration of the City granting its consent for the creation
of a District, the undersigned do expressly agree to comply with
said 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 (2-1/2) percent of
par value reducing one-half (1/2) of one
percent of par value each year thereafter to
par value. Bonds (other than refunding bonds
4nd 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 (95%) percent 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 (2) percent 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
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
lines, lift stations, sewage treatment
facilities, and appurtenances thereto,
installed or used within the district shall
comply with the City' s standard plans and
specifications. Prior to the construction of
such facilities within the district, the
district, or its engineer, shall give written
notice to the City stating the date that such
construction will be commenced. The
construction of the district' s water,
sanitary sewer and drainage facilities shall
be in accordance with the approved plans and
specifications and with applicable standards
and specifications of the City, and during
the progress of the construction and
installation of such facilities, the City or
an employee, or a designated agent thereof,
may make periodic on-the-ground inspections.
As a further definition of the terms used in
this paragraph, specific mention of the fact
is made that "plans and specifications, "
"standard plans and specifications,"
"approved plans and 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.
col-)
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 in Chapter
54 , all construction contracts shall be let
on a competitive biddings 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 that to the best of his
knowledge and belief the district is in
compliance with this resolution, and a letter
of the Mayor addressed to the Attorney
General of Texas approving the form of the
resolution or order of the board of directors
authorizing the issuance of any bonds of the
district, absent the interest rates on and
sales price of the bonds. Such letters of
(1-116
•
I. City Recommendations: The City of Pearland,
acting through the Mayor and the City ' s
financial advisor, will make recommendations
to the board of directors of the district and
its financial advisor as to the amount of
bonds that shall be authorized, the
installment sale of such authorization, the
maturity schedule of each installment, the
optional provisions to be contained in such
bonds, and the- sale and delivery of the
district bonds. However, the district shall
be under no 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 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 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 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 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
Section.
RESPECTFULLY SUBMITTED this day ofie „7Z , 1983.
SMITH-MILLER ROAD PROPERTIES, INC.
/fir •
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STATE OF TEXAS §
§
COUNTY OF /fARR1.5 §
This instrument was acknowledged before me on the 28t4 day
of RpRic. , 1983 , by John B. Oggero, President of
Smith-Miller Road Properties, Inc. , a corporation, on behalf of
said; corporation.
(SEAL) = 44422. ..L 1J
Notary Public,
State of Texas
1DEBBeE F/.3H
(Name Typed or Printed)
My Commission Expires:
02- 9- ss
STATE OF TEXAS §
§
COUNTY OF l-11f}RRlS §
This instrument was acknowledged before me on the o2f4 day
of 1}pR1L - , 1983 by John B. Oggero, Trustee.
Notary Public,
State of Texas
- PEBB i6 Fis t11FR
(Name Typed or Printed)
My Commission Expires:
.2-9-d'S
STATE OF TEXAS §
,/ §
COUNTY OF kR I..1 §
This instrument was acknowledged before me on the 02Pt4 day
of R pRI , 1983 by George W. Gilman, Trustee.
_'(SEAL) ! Notary Public,
State of Texas
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Exhibit "A"
17fOIIN • 5401 MITCHELLDALE
NGINEERS, INC. SUITE A2
HOUSTON, TEXAS 77092
713 / 682-2527
FIELD NOTES FOR A
208 . 2113 ACRE TRACT
BRAZORIA COUNTY, TEXAS
A tract of land containing 208.2113 acres ( 9 , 060, 686 Sq. Ft. )
more or less , being out of the John W. Maxcy Survey A-721 and the
H.T. & B.R.R. Survey A-506 and being all of Lots 1 1 , 12 , 13 , 14,
15 , 26 and 27 of the Allison Richey Gulf Coast Home Company
Subdivision, Section 20 according to a plat thereof recorded in
Volume 2 , Page 23 of the Map Records of Brazoria County, Texas ,
said tract being described as follows:
BEGINNING at a 1 inch iron pipe in the north right-of-way line of
Smith- Miller Road (FM Highway No. 3344) ( 120 feet wide ) on the
southeast corner of Lot 15 in the said Allison Richey Gulf Coast
Home Company Subdivision; also being the southeast corner of the
herein described tract;
THENCE N 89 ° 38' 54" W , along the north right-of-way line of said
Smith- Miller Road (FM Highway No. 3344 ) at 1302.55 feet, pass a
concrete monument continuing in all a total distance of 1961 .23
feet to a concrete monument for an angle point;
THENCE S 53 ° 22' 02" W , continuing along the north right-of-way
line of the ,said Smith-Miller Road (FM Highway No. 3344 ) , a
distance of 891 .27 feet to a concrete monument;
THENCE SOUTHWESTERLY with said north right-of-way line of Smith-
Miller Road (FM Highway No. 3344 ) , along the arc of a 1849. 86
foot radius curve to the right, a distance of 379.96 feet to a
5/8 inch iron rod; said arc having a central angle of 11 ° 46' 07"
and being subtended by a chord bearing S 59 ° 15' 05 " W , 379.29
feet in length;
THENCE N 00 ° 27 ' 26" W , at 3104. 97 feet pass a 2 1 /2 inch iron
pipe and continuing for a total distance . of 3317.14 feet to a 5/8
inch iron rod; .
THENCE S 89 ° 54' 23" E, at 1533.43 feet pass a 5/8 inch iron rod
and continuing for a total distance of 2196.87 feet to a 5/8 inch
iron rod;
THENCE S 00 ° 01 ' 32" E, for a distance of 5.50 feet to a 5/8 inch
iron rod ;
THENCE S 89 ° 32' 51 " E, for a distance of 1643. 89 feet to a 5/8
inch iron rod in the west right-of-way line of Hillhouse Road ( 40
feet wide ) ;
•
c<s_! EHN
5401 MITCHELLDALE
NGINEEII.S, INC. SUITE A2
HOUSTON, TEXAS 77092
713/ 682-2527
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THENCE S 00 ° 05 ' 12" E, along the west right-of-way line of
said Hillhouse Road a distance of 1044.09 feet to a 1 inch iron
pipe at the southeast corner of Lot 27 of said Allison Richey
Gulf Coast Home Company Subdivision;
THENCE N 89 ° 41 ' 02" W , along the south line of said Lot 27 a
_ distance of 811 .77 feet to a 1 inch iron pipe for the common
corners of Lots 27 , 12, 13 and 28 of said Allison Richey Gulf
Coast Home Company Subdivision;
THENCE S 00 ° 03' 44" W , a distance of 1541 .66 feet to the PLACE
OF BEGINNING.
i/
Louis Koehn, Jr. !
RPS #2997
PE #36333
il_� .Q rya . k‘ •
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