R2000-128 10-23-00 RESOLUTION NO. R2000-128
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, GRANTING THE CONSENT OF THE CITY OF PEARLAND,
TEXAS, TO THE CREATION OF BRAZORIA COUNTY MUNICIPAL
UTILITY DISTRICT NO. 22.
WHEREAS, the City of Pearland, Texas, received a Petition for Consent to the
Creation of a municipal utility district (to be known as Brazoda County Municipal Utility
District No. 22) for 327.38 acres, more or less (the "Property"), a copy of which petition is
attached hereto and incorporated herein as Exhibit A; and
WHEREAS, the Property is currently located within the extraterritorial jurisdiction of
the City and is subject to the terms of that certain Development Agreement between the
City and Lennar Homes of Texas Land and Construction Ltd., dba "Friendswood
Development Company" approved by City of Pearland P,esolution No. R2000-89 on
July 24, 2000; and
WHEREAS, Section 54.016 of the Texas Water Code and Texas Local Government
Code Section 42.042 provide that land within a city's extraterritorial jurisdiction may not be
included within a district without the city's written consent; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City Council gives its written consent to the creation of
Brazoria County Municipal Utility District No.22 on 327.38 acres of land, more or less, as
described in the attached petition and the consent conditions attached thereto.
PASSED, APPP, OVED and ADOPTED this the 2.3 d aY of _0~r.~b.e_c~__.,
A.D., 2000.
TOM REID
MAYOR
1
RESOLUTION NO, R2000-128
ATTEST:
~ri-Y SE(~,C~,ETARY u-
APPROVED AS TO FORM:
DARRIN M, COKER
CITY ATTORNEY
2
PETITION FOR CONSENT TO THE CREATION
OF A MUNICIPAL UTILITY DISTRICT
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
The undersigned (herein the "Petitioner"), acting pursuant to the provisions of Chapters 49
and 54, Texas Water Code, respectfully petitions the City Council of the City of Pearland, Texas (the
"City Council"), for its written consent to the creation of a municipal utility district and in support
thereof would show the following:
The name of the proposed District shall be BRAZORIA COUNTY MUNICIPAL UTILITY
DISTRICT NO. 22 (the "District").
II.
The District shall be created and organized under the terms and provisions of Article XVI,
Section 59 of the Constitution of Texas and Chapters 49 and 54, Texas Water Code.
IlL
The District shall contain an area of 327.38 acres of land, more or less, situated in Brazoria
County, Texas. All of the land to be included in the District is within the extraterritorial jurisdiction
of the City of Pearland, Texas (the "City"). All of the land proposed to be included may properly be
included in the District. The land proposed to be included within the District consists of one tract,
as described by metes and bounds in Exhibit "A," which is attached hereto and incorporated herein
for all purposes (the "Land").
IV.
The Petitioner holds fee simple title to the Land. Petitioner hereby represents that it owns
a majority in value of the Land which is proposed to be included in the District, as indicated by the
tax rolls of Brazofia County, Texas.
The Petitioner represents that John O'Quiun is the only lienholder on the Land and that there
are no residents on the Land.
OD M A'~MHO DMA'xHOUSTON,3 3 2 81 $, I
VI.
The general nature of the work to be done by the District at the present time is the purchase,
design, construction, acquisition, maintenance and operation of a waterworks and sanitary sewer
system for domestic and commercial purposes, and the construction, acquisition, improvement,
extension, maintenance and operation of works, improvements, facilities, plants, equipment and
appliances helpful or necessary to provide more adequate drainage for the District, and to control,
abate and amend local storm waters or other harmful excesses of waters, and such other purchase,
construction, acquisition, improvement, maintenance and operation of such additional facilities,
systems, plants and enterprises as shall be consonant with all of the purposes for which the District
is created.
VII.
There is, for the following reasons, a necessity for the above-described work. The area
proposed to be within the District is urban in nature, is within the growing environs of the City of
Pearland, Texas, and is in close proximity to populous and developed sections of Brazoria County,
Texas. There is not now available within the area, which will be developed for single family
residential and commemial uses, an adequate waterworks system, sanitary sewer system, or drainage
and storm sewer system. The health and welfare of the present and future inhabitants of the area and
of the territories adjacent thereto require the purchase, design, construction, acquisition, ownership,
operation, repair, improvement and extension of an adequate waterworks system, sanitary sewer
system, and drainage and storm sewer system. A public necessity, therefore, exists for the creation
of the District, to provide for the purchase, design, construction, acquisition, ownership, operation,
repair, improvement and extension of such waterworks system, sanitary sewer system, and drainage
and storm sewer system, to promote the purity and sanitary condition of the State's waters and the
public health and welfare of the community.
VIII.
The Petitioner, by submission of this Petition, requests the City's consent to the creation of
the District containing the Land under the conditions relating to the creation of districts in general,
set forth in Exhibit "B," which is attached hereto and incorporated herein for all purposes.
IX.
A preliminary investigation has been made to determine the cost of the proposed District's
projects, and it is now estimated by the Petitioner, from such information as they have at this time,
that such cost will be approximately $_
WHEREFORE, the Petitioner prays that this petition be heard and that the City Council duly
pass and approve an ordinance or resolution granting the consent to the creation of the District and
authorizing the inclusion of the land described herein within the District.
ODMA~HO D MA'~HOUSTON;332815, I -2-
RESPECTFULLY SUBMITTED this t~ day of ~)cTO~g-/g ,2000.
SAVANNAH DEVELOPMENT, LTD.,
a Texas limited partnership
By: LENNAR HOMES OF TEXAS LAND AND
CONSTRUCTION, LTD.,
a Texas limited partnership,
dba Friendswood Development Company
As Attorney-in-Fact
By: Lennar Texas Holding Company,
a Texas corporation
its General Parm~
Jos~t~h L. Stunja, Vi~resident
THE STATE OF '7-E~,q ~; §
COUNTY OF ~A-/~/S §
This instrument was acknowledged before me on this the t~L'Jk'day of (C~..'T0_ ~_~£. ,
2000, by Joseph L. Stunja, Vice President of Lennar Texas Holding Company, a Texas corporation,
in its capacity as General Partner of Lennar Homes of Texas Land and Construction, Ltd., a Texas
limited partnership, dba Friendswood Development Company, as Attorney-in-Fact for Savarmah
Development, Ltd., a Texas limited partnership, on behalf of said corporation and limited
partnership.
Nota~ PuJ~flc~ State ;t Texas 7/-
(NOTARY SEAL)
i IIB ? A
BRAZORIA COUNTY MUD 22 AUGUST 31, 2000
327.38 ACRES JOB NO.02160
DESCRIPTION OF A 327.38 ACRE TRACT OF LAND
SITUATED IN THE
A.C.H. & B. SURVEY, A13STRACT 403,
THE H.T. & 13. SURVEY, ABSTRACT 302
THE J.S. TALMAGE SURVEY, ABSTRACT 566
THE J.S. TALMAGE SURVEY, A13STRACT 562
AND THE A.B. LANGERMANN SURVEY, ABSTRACT 625
BRAZORIA COUNTY, TEXAS
13EING a 327.38 acre tract of land situated in the A.C.H. & 13. Survey, Abstract 403; the H.T. & 13.
Survey, Abstract 302; the J.S. Talmage Survey, Abstract 566; the J.S. Talmage Survey, Abstract $62 and
the A.B. Laagcrmann Survey, Abstract 625, Brazoria County, Texas; being out of a called 113 acre tract
described in a deed recorded in Volume 79, Page 83 &the Brazoria County Deed Records, all of a called
25 acre tract (First) and two (2) called 25 acre tracts (Second) described in a deed recorded in Volume
220, Page 268 of the Brazoria County Deed Records, part of a called 44 acre tract described in a deed
recorded in Volume 361, Page 12 oftbe 13razoria County Deed Records, part ora called 36.293 acre tract
described in a deed recorded in Volume 379, Page 83 oftbe Brazoria County Deed Records, a called 80
acre tract described in a deed recorded ia Volume 210, Page 362 of the 13razoria County Deed Records,
part of a tract of land described in a deed recorded in Volume 564, Page 358 oftbe Brazoria County Deed
Records and part ora called 159 acre tract (Tract I) described in a deed recorded in Volume 622, Page
475 o£tbe Brazoria County Deed Records; said 327.38 acre tract being more particularly described as
follows:
BEGINNING at a I 1/4~inch iron pipe found on the north right-of-way line of said County Road 58 (Post
Road) and at the common south comer of said called 25 acre (First) tract and a tract described in deed
recorded in Volume 564, Page 358 of the Brazoria County Deed Records;
THENCE N 03° 09' 37" W, 668.71 feet with the common line of said called 25 acre (First) tract and said
tract described in deed recorded in Volume 564, Page 358 of the Brazoria County Deed Records to a 3/8-
inch iron rod found north of a fence post for an interior comer of the herein described tract;
THENCE over and across said tract described in deed recorded in Volume 564, Page 358 of the Brazoria
County Deed Records as follows:
N 89° 54' 08" W, 340.69 feet to a point;
S 78° 02' 43" W, 65.08 feet to a point;
THENCE S 86° 36' 48" W, 615.45 feet to a point in the ostensible west line of said A.B. Langermann
Survey, Abstract 625 which is also recognized as a west line of Brazoria County and an east line of Fort
13end County for the most west southwest comer of the herein described tract;
THENCE N 11° 55' 55" E, 2230.10 feet with said County Line to a point in the south tine of Ridgewood
Estates, a subdivision recorded in Volume 11, Page 47 of the Brazoria County Plat Records and the north
line of said tract described in a deed recorded in Volume 379, Page 83 of the Brazoria County Deed
Records for a west comer of the herein described tract;
THENCE N 86° 3 I' 02" E, 317.37 feet with said south line of Ridgewood Estates to a point, at the
southeast comer of said Ridgewood Estates for an interior corner of the herein described tract;
THENCE N 1 l° 55' 10" E, 1020.03 feet with the east line of said Ridgewood Estates to a found 5/8-inch
iron rod for a corner of the herein described tract;
BRAZORIA COUNTY MUD 22
327.38 ACRES
AUGUST 31, 2000
PAGE 2
THENCE N 87° 00' 53" E, 62.08 feet over and across said called 113 acm tract to a 5/8-inch iron rod
found for an interior comer of the herein described tract;
THENCE N 11° 54' 14" E, 1585.00 feet over and across said called 113 acre, 44 acre, and 36.293 acm
tracts to a I 1/4-inch iron pipe found in the south right-of-way line of County Road 564B (a.k.a.
Sycamore Street) for the northwest comer of the herein described tract;
THENCE N 87° 08' 49" E, 1890.12 feet with said south right-of-way to a 5/8-inch iron rod found for the
northwest comer of the heroin described tract;
THENCE S 03° 09' 57" E, 5150.81 feet over and across tracts described in Volume 379, Page 83 of the
Brazoria County Deed Records and said called 80 acm tract to a 5/8-inch iron rod found in the noah
right-of-way line of said County Road 58 in the south line of said called 80 acre tract for the southeast
comer of the heroin described tract;
THENCE with said noah right-of-way line as follows:
S 64° 59' 21" W, 457.72 feet to a point;
S 85° 36' 37" W, 54.07 feet to a point;
S 86° 53' 32" W, 1294.57 feet to a point;
S 85° 27' 54" W, 229.47 feet to a point;
S 81° 31' 53" W, 78.57 feet to a point;
THENCE S 86° 44' 52" W, 426.96 feet, with said noah right-of-way line to the POINT OF
BEGINNING and containing 327.38 acres of land.
Bearings are based on the Texas State Plane Coordinate System, South Central Zone (NAD'27).
These Metes and Bounds were compiled in conjunction with a Boundary Map of Brazoria County
M.U.D. 22 dated September 6, 2000.
This document was prepared under 22 Texas Annotated Code # 663.21 and reflects 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 mconfiguration of the boundary of the
political subdivision for which it was prepared.
Alan M. McLain RPLS No. 451 I
Brown & Gay Englnccrs, Inc.
11490 Westheimer Road, Suite 700
Houston, Texas 77077
Telephone: (281 ) 558-8700
R-~ROIECTS~BCMO2P~ADMIN~,BCMUD22 DOC
Exhibit B
Consent Conditions
(a) The District may issue bonds, including refunding bonds, including but not limited
to, purchasing, refinancing, designing and constructing, or otherwise acquiring waterworks systems,
sanitary sewer systems, storm sewer systems, fire/ems 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 tenth (10th) 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.
Co) Before the commencement of any coristruction 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 fire/ems, 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.fines 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 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.
(c) 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, Texas, and otherwise comply with the rules and regulations of the Engineering Department
and the Department of Public Works of the City of Pearland.
ODMALMHODMA\Houston.332815,1 - 6 -