R2000-127 10-23-00 RESOLUTION NO. R2000-127
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. 21.
WHEREAS, the City of Pearland, Texas, received a Petition for Consent to the
Creation of a municipal utility district (to be known as Brazoria County Municipal Utility
District No. 21) for 590.17 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 Resolution 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. 21 on 590.17 acres of land, more or less, as
described in the attached petition and the consent conditions attached thereto.
PASSED, APPROVEDandADOPTEDthisthe 23 dayof October ,
A.D., 2000.
TOM REID
MAYOR
1
RESOLUTION NO. R2000-127
ATTEST:
//
Y SFi~ETARY /_/'
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
2
EXHIBIT
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:
I.
The name of the proposed District shall be BRAZORIA COUNTY MUNICIPAL UTILITY
DISTRICT NO. 21 (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.
III.
The District shall contain an area of 590.17 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 Brazoria County, Texas.
V.
The Petitioner represents that John O'Quinn is the only lienholder on the Land and that there
are no residents on the Land.
OD M AkM HO DMA'~HOU st on,3 3 3 4 61 ,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 Dishfct, 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 thc 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 commercial 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 ~dequate 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 Disla'ict 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'O~I HODMAXHou ston,333461 ,I -2-
RESPECTFULLY SUBMITTED this ~"day of ~:~~ 2000.
SAVANNAH DEVELOPMENT, LTD.,
a Texas limited partnership
By: LENNAR HOMES OF TEXAS LAND AND
CONSTRUCTION, LTD.,
a Texas limited partnership,
dba Ffiendswood Development Company
As Attorney-in-Fact
By: Lennar Texas Holding Company,
a Texas corporation
its General Partner.
B
v Jo~ph L. Stunja, ~e President
THE STATE OF '~-~g §
COUNTY OF
This instrument was acknowledged before me on this the ~"t&day of ~}C'I'I)I~'~ ,
2000, by Joseph L. Stunj a, 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 Savannah
Development, Ltd., a Texas limited partnership, on behalf of said corporation and limited
partnership.
No~Pu~c, State
(NOTARY SEAL)
OD M AbM HO DM A~loust on.33346 [, I -3-
E.Xt-I1BIT
BRAZORIA COUNTY MUD 21 AUGUST 3 I, 2000
590.17 ACRES JOB NO. 02160
DESCRIPTION OF A 590.17 ACRE TRACT OF LAND
SITUATED 1N THE A.C.H.& B. SURVEY, ABSTRACT 403
AND THE J.S. TALMAGE SURVEY, ABSTRACT 562
BRAZORIA COUNTY, TEXAS
BEING a 590.17 acre tract of land situated in the A.C.H. & B. Survey, Abstract 403 and in the J.S.
Talmage Survey, Abstract 562, Brazoria County, Texas; being part of a called 201.762 acre tract
described as Tract I in a deed recorded in Volume 1249, Page 38 oftbe Brazoria County Deed Records, a
part cfa called 100 acre tract described in a deed recorded in Volume 220, Page 267 oftbe Brazoria
County Deed Records and part cfa called 159 acre tract described as Tract No. 1 in a deed recorded in
Volume 622, Page 475 of the Brazoria County Deed Records, a called 39.53 acre tract described in a deed
recorded under Brazoria County Clerk's File Number 95-038978, a called 59.2393 acre tract described in
a deed recorded in Volume (87)420, Page 582 of the Brazoria County Official Records, a called I acre
tract described in a deed recorded in Volume 60, Page 375 oftbe Brazoria County Deed Records, a called
13.203 acre (Tract II) described in a deed recorded in Volume 1249, Page 38 of the Brazoria County Deed
Records and Lots 34 and 39 of Section 76 of the Emigration Land Company subdivision recorded in
Volume 2, Page 81 of the Brazoria County Plat Records; said 590.17 acres being more particularly
described as follows:
BEGINNING at a 2-inch iron pipe found on the northeast right-of-way line of Texas State Highway 6
(200-foot width) dedicated by deed recorded in Volume 244, Page 142 of the Brazoria County Deed
Records and in the east line of a called 150 acre tract described in a deed recorded in Volume 226, Page
36 oftbe Fort Bend County Deed Records, and the ostensible common line of said A.C.H. & B. Survey,
Abstract 562 and the A.B. Langermann Survey, Abstract 625 for the southwest comer of said called
201.762 acre tract; said 2-inch iron pipe having the Texas State Plane Coordinate X = 3,130,661.86 and Y
= 622,858.17 in the South Central Zone (NAD'27);
THENCE N 11° 47' 46" E, 1457.12 feet with said common Survey line and said east line and the west
line of said called 201.762 acre tract to a 1 1/4-inch iron pipe found on said east line and said common
Survey line for the northwest comer of said called 201.762 acre tract and the southwest comer of said
called 39.53 acre;
THENCE N 1 t° 56' 37" E, 1983.96 feet with said common Survey line and the common line of said
called 150 acre tract and said called 39.53 acre tract to a point for the most west northwest comer of the
herein described tract;
THENCE S 89° 12' 34" E, 504.64 feet over and across said 39.53 acre tract to a point in the west line of
said called 39.53 acre tract and the west line of said called 59.2393 acre tract for an interior comer of the
herein described tract;
THENCE N 02° 54' 12 W, 702.76 feet with the common line of said 39.53 acre tract and said 59.2393
acre tract to a l/2-inch iron rod found in the south right-of-way line of County Road 58 (a.k.a. Post Road)
for common north comer of said 39.53 acre tract and said called 59.2393 acre tract for the most north
northwest comer of the herein described tract;
BRAZORIA COUNTY MUD 21
590.17 ACRES
AUGUST 31, 2000
PAGE 2
THENCE with a fence line along south right-of-way line of County Road 58 and the north line of said
called 59.2393 acre tract, said 100 acre tract, said called 1 acre tract and said called 159 acm tract as
follows:
N 86° 56' 08" E, at 998.77 feet pass a l-1/4-inch iron pipe found at the common north comer of
said 59.2393 acre tract and said called 100 acre tract, continuing on a total distance of 2587.34
feet to an angle point;
N 84° 44' 25" E, 85.15 feet to an angle point;
N 63° 50' 06" E, 296.71 feet to an angle point;
N 66° 06' 29" E, at 143.89 feet pass a over the east line of an 80 foot wide Houston Lighting &
Power Company easement described in an instrument recorded in Volume 759, Page 363 of the
Brazoria County Deed Records, continuing on a total distance of 181.86 feet to an angle point
N 70° 49' 15" E, 97.45 feet to an angle point;
N 86° 08' 0Y' E, 392.79 feet to an angle point;
N 87° 22' 55" E, 851.65 feet to an angle point;
N 85° 52' 26" E, 433.05 feet to an angle point;
N 86° 42' 57" E, 438.85 feet to I l/4-inch iron pipe found at the common north comer of said
called 1 acre tract and the Thomas Tract described in a deed recorded in Volume 1655, Page 795
of the Brazoria County Deed Records for the northeast comer of the herein described tract;
THENCE S 03° 05' 34" E, 2579.84 feet along the east line of said called I acre tract and said called 159
acre tract and the west line of said Thomas Tract, the Kimber Tract described in deed recorded in Volume
1566, Page 959 of the Brazoria County Deed Records, a called 2.63 acre tract described in a deed
recorded in Volume 1132, Page 288 of the Brazoria County Deed Records, a called 6.090 acre tract
described in a deed recorded under Brazoria County Clerk's File Number (94)025078, a called 5 acm tract
described in a deed recorded in Volume 1129, Page 501 of the Brazoria County Deed Records, the
Chavez Tract recorded under Brazoria County Clerk's File Number 95-014451, the Valdez Tract recorded
in Volume 1316, Page 59 of the Brazoria County Deed Records, a called 5.08 acre tract described in a
deed recorded under Brazoria County Clerk's File Number 96-014603 of the Brazoria County Deed
Records, and a called 5 acre tract described in a deed recorded in Volume 1083, Page 258 of the Brazoria
County Deed Records to a point for comer on the north right-of-way line of an unimproved 40 feet right-
of-way dedicated by said Emigration Land Company subdivision;
THENCE S 86° 42' 58" W, 1322.20 feet with said north right-of-way line, to a point for comer;
THENCE S 03° 19' 02" E, 1319.22 feet with the common line of Lots 31 and 34 of said Section 76 of the
Emigration Land Company ~ubdivi~ion to a point for corner on the north line of an unimproved 40 foot
right-of-way dedicated by said Emigration Land Company subdivision;
BRAZORIA COUNTY MUD 21
590.17 ACRES
AUGUST 31, 2000
PAGE 3
THENCE S 86° 42' 58" W, 1333.51 feet with said north right-of-way line to a 5/8-inch iron rod found for
corner on the west line ofanotber unimproved 40 foot right-of-way for an interior corner of the herein
described tract;
THENCE S 03° 12' 57" E, 1311.46 feet with said west right-of-way line to a 5/8-inch iron rod found for
comer on said west right-of-way line, in the south line of said called 201.762 acre tract and the north line
of Hazel Dell subdivision recorded in Volume 8, Page 41 of the Brazoria County Plat Records;
THENCE S 86° 53' 23" W, 1137.43 feet with said north line and said south line to a 2-inch iron pipe
found on said south line for the northwest corner of said Hazel Dell Subdivision and the northeast corner
of said called 13.203 acre tract for an interior corner of the herein described tract;
THENCE S 03° 05' 48" E, 26.29 feet with the east line of a 13.203 acre tract described in a deed recorded
in Volume 1249, Page 38 of the Brazoria County Deed Records and the west line of said Hazel Dell
subdivision to a point on the ostensible south line of said A.C.H. & B. Survey, Abstract 403 and the north
line of the H.T. & B RR. Survey, Abstract 280 for a comer of the herein described tract;
THENCE S 86° 53' 23" W, 1286.70 feet with said common Survey line to a point in the northeasterly
right-of-way line of State Highway 6 for a corner of the herein described tract;
THENCE N 60° 56' 10" W, 1947.00 feet with said northeasterly right-of-way line and the southwesterly
line of said 150 acre tract to the POINT OF BEGINNING and containing 590.17 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 M.U.D. 21, Brazoria
County, 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 reconfiguration of the boundary of the
political subdivision for which it was prepared.
CO. ,/~ .
/~...'...~i~....~ :~e..~ rown & Gay Eng,neers, Inc.
~...fi.l:..A.~. ?.:. _~l_o.[.AIN ~ 1490 Westheimer Road, Suite 700
'~:~.;; ............ 5'"
\~'~~"~iouston, Texas 77077
Exhibit B
Consent Conditions
(a) The District may issue bonds, including refunding bonds, including but not limited
to, p. urchasing, 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.
(b) Before the commencement of any cor/struction 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 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 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
Cotmty, Texas, and otherwise comply with the rules and regulations of the Engineering Department
and the Depasm~ent of Public Works of the City of Pearland.
ODMAhMHODMAklqou$1on,333461,1 - 6 -