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Home My WebLink AboutR81-02 1-26-81RESOLUTION NO. R 81-2 A RESOLUTION OF THE CITY OF PEARLAND, TEXAS, TO REPEAL A PORTION OF RESOLUTION NO. R80-5, GIVING CONSENT TO THE CREATION OF BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 2 AND BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 3 WHEREAS, the City Council of the City of Pearland passed Resolution No. R80-5 on January 28, 1980, by which the City of Pearland granted its consent to the creation of Brazoria County Municipal Utility Districts No. 1, 2, and 3 within its extraterritorial jurisdiction; and WHEREAS, Brazoria County Municipal Utility District No. 2 has requested that its boundaries be changed to include the reduced area of 449.8473 acres, more particularly described in Exhibit "A", attached hereto and made a part hereof for all purposes; and WHEREAS, Brazoria County Municipal Utility District No. 3 has requested that its boundaries be changed to include an enlarged area of 515.0633 acres, more particularly described in Exhibit "B", attached hereto and made a part hereof for all purposes; and WHEREAS, the City Council of the City of Pearland is willing to grant such consent upon the conditions and terms hereinafter stated; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: 1. Resolution No. R80-5, which was passed on January 28, 1980, is hereby repealed with respect to the creation of Brazoria County Municipal Utility Districts No. 2 and 3. 2.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 two (2) Municipal Utility Districts within the extraterritorial jurisdiction of said City. Said Municipal Utility Districts 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 Districts shall be other called Brazoria County Municipal Utility District No. 2 and Brazoria County Municipal Utility District No. 3, the boundaries of such Districts being described by metes and bounds in Exhibits "A" and "B" 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 all of the aforedescribed Municipal Utility Districts, and all owners or developers within said Districts, shall abide and adhere to all of the terms and conditions set forth in City of Pearland Ordinance No. 411, as adopted on December 17, 1979; and (b) That prior to the first issue of bonds, notes, warrants, or obligations of the Districts, the Districts and the City shall enter into an allocation agreement which shall contain all of the provisions set forth in Section 54.016(f) (1), (2), (3) and (4) of the Texas Water Code, and that this requirement shall be in addition to requirements set (c) That obligations as Texas, for the Services to the forth in Ordinance 411 hereinabove provided; and the Districts shall issue bonds, warrants or other debt authorized by the Constitution and laws of the State of purpose of providing Police, Fire and Emergency Medical residents of the Districts when it is determined by the City and the Districts that such services are needed for the health, safety and general welfare of the said residents; and (d) That the owner or developer of the land within the areas of Municipal Utility District's Numbers 2 and 3, will, covenant and agree that he, they, or it, will develop said areas within said Districts in accordance with the following development criteria, to -wit: (1) That all areas within the aforenamed Districts shall be developed in strict accordance with the Conceptual Plan and Density Ratios set forth on the plat attached hereto and made a part of this Resolution for all intents and purposes as Exhibit "B". (2) That except for the Patio Home Lots, 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 ten (110) feet in depth. Patio Home minimum lot size shall be fourty-five (45) feet in width by one hundred fifteen (115) feet in depth. (3) That all developed lots abutting existing on future pipe line easements within the District's area shall have no permanent building structure closer than sixty—five (65) feet from the outer boundary of said pipe line 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 26th day of January , 1981, at a regular meeting of the City Council duly called as required by law. CITY OF PE LAND, TEXAS By - Oft, ATTEST: City Secretary, by Approved as to ontent: Tom Reid, City of Pearland, Texas gerZy GENERAL HOMES CONSOLIDATED COMPANIES, INC. DBA EDEi�, CORPORATION By ! • • el S. H. Yager, 146 President Mayor line easements within the District's area shall have no permanent building structure closer than sixty—five (65) feet from the outer boundary of said pipe line 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 a6 day of , 1981, at a regular meeting of the City Council duly calls as requil#ed by law. CITY OF PEARLAND, TEXA Mayor City of Pearland, Texas ATTEST: ity Secretary Approved as to Content: GENERAL HOMES CONSOLIDATED COMPANIES, INC. By EDE CORPORATION S. H. Yaggeer, i7 President EXHIBIT "A" 449.8473 ACRES BRAZORTA COUNTY, TEXAS BRAZORIA COUNTY MUNICIPAL 1TILITY DISTRICT NO. 2 H. T. & B. R. R. CO, SURVEY, SECTION 1, A-309 JOHN W. MAXEY SURVEY, A-721 R. B. LYLE SURVEY, A-539 A TRACT OF LAND SITUATED IN THE STATE OF TEXAS, COUNTY OF BRAZORIA, CON- TAINING 449.8473 ACRES OF LAND, AND BEING WITHIN THE H. T. & n. It. R. CO. SURVEY, . SECTION 1, A-309, THE JOHN W. MAXEY SURVEY, A-721, AND THE R. B. LYLE SURVEY, A-539, BRAZORIA COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS. ALL CONTROL IS REFERRED TO THE TEXAS PLANE COORDINATE SYSTEM, LA!'WFJtT PRO- JECTION, SOUTH CENTRAL ZONE. BEGINNING AT A POINT FOR CORNER, BEING T11E SOUTHERNMOST SOUTHEAST COINER OP THE TRACT HEREIN BEING DESCRIBED, BEING MARKED BY A 1/2" IRON ROD (FOUND) HAVING A TEXAS PLANE COORDINATE VALUE OF X=3,154,971.56; Y.639,062.90, SAID POINT OF BEGINNING BEING ALSO THE SOUTHEAST CORNER OF WE ABOVE4ECTIONED R. B. LYLE-SURVEY, A-539, AND 'SING COMMON WITH THE NORTHEAST CORNER OF THE A. C. 11. & B. R., R. CO. SURVEY, A-415, AT ITS INTERSECTION WITH THE WEST BOUNDARY OF TILE AFOREMENTIONED JOHN W. MAXEY SURVEY, A-721, SAID POINT OF BEGINNING BEING AT ITS INTERSECTION WITH THE CENTERLINE OF AN UNDEDICATED COUNTY ROAD, REFERRER TO AS COUNTY ROAD NO. 90, AND THE CENTERLINE OF AN UNDEDICATED COUNTY ROAD, REFERRED TO AS COUNTY ROAD NO. 59. THENCE S86° 43' 18"W, 2,640.03 FEET ALONG A SOUTHERLY BOUNDARY OF THE TRACT HEREIN BEING DESCRIBED TO A POINT FOR CORNER, BEING ALSO A COMMON BOUNDARY BETWEEN THE SOUTH BOUNDARY OF SAID R. B. LYLE SURVEY, A-539, COMMON WIT!! THE NORTH BOUNDARY OF THE A. C. H. & B. R. R. CO. SURVEY, A-415, AND BEING ALSO THE CENTERLINE OF TILE ABOVE - MENTIONED COUNTY ROAD NO. 59. THENCE NO3° 12' 50"W, 2,640.77 FEET TO A POINT FOR CORNER, BEING THE WESTERN- MOST NORTHWEST CORNER OF THE TRACT HEREIN BEING DESCRIBED. AT 2,634.57 FELT PASS A 5/8" IRON ROD (FOUND). THENCE N86° 43' 18"E, 2,638.19 FEET ALONG A WESTERLY NORTH BOUNDARY OF THE TRACT HEREIN BEING DESCRIBED TO A POINT FOR CORNER MARKED BY A 1" IRON PIPE (FOUND), BEING THE CENTERLINE OF THE AFOREMENTIONED UNDEDICATED COUNTY ROAD, REFERRED TO AS COUNTY ROAD NO. 90. THENCE NO3° 01' 04"W, 2,753.41 FEET ALONG A WESTERLY BOUNDARY OF THE TRACT HEREIN BEING DESCRIBED, AND BEING ALSO THE WEST BOUNDARY OF TILE AFOREMENTIONED JOHN W. MAXEY SURVEY, A..721, AND BEING COMMON WITH THE AST BOUNDARY OF THE AFOREMENTIONED R. B. LYLE SURVEY, A..539, AND THE CENTERLINE OF THE AFOREMENTIONED COUNTY ROAD, TO A POINT FOR CORNER, BEING THE WESTERNMOST NORTHWEST CORNEt. OF T11E TRACT HEREIN BEING 'DESCRIBED AT CENTERLINE INTERSECTION WITH COUNTY ROAD NO. 92. '12/15/80 449.8473 ACRES BRA%ORIA COUNTY, TEXAS THENCE N50" 28' 43"E, 1,294.00 } ET ALONG THE NOItTHFJINMOST BOUNDARY OF THE TRACT HEREIN BEING DESCRIBED AND ALONG THE CENTERLINE OF THE AFOREMENTIONED COUNTY ROAD NO. 92, TO A POINT FOR CORNER, BEING A COMMON CO's a , AN INTERIOR SOUTHEASTERLY CORNER OF THE AFOREMENTIONED JOHN W. MAXEY SURVEY, A-721, AND BEING COMMON WITH THE WEST BOUNDARY OF THE AFOREMENTIONED H.T.& B. R. R. CO. SURVEY, SECTION 1, A-309. THENCE S02° 48' 12"E, 1,537.39 FEET ALONG AN EASTERLY BOUNDARY OF THE TRACT HEREIN BEING DESCRIBED, BEING COMMON WITH THE EASTERLY BOUNDARY OF THE AFOREMENTIONED JOHN W. MAXEY SURVEY, A-721, TO A POINT FOR CORNER. THENCE, SEVERING THE H. T. & B. R. R. CO. SURVEY, SECTION 1, A-309, AS FOLLOWS: N87" 21' 50"E, 561.97 FEET, AS FENCED AND OCCUPIED, TO A POINT FOR CORNER MARKED BY A 1" IRON PIPE (FOUND). AT 22.32 FEET PASS A 1" IRON ROD (FOUND) FOR. REFERENCE CORNER S03° 11' 03"E, 1,106.35 FEET TO A POINT FOR CORNER IN THE CENTERLINE OF A GO FOOT WIDE UNDEDICATED COUNTY ROAD, REFERRED TO AS COUNTY ROAD NO. 91 N87" 19' 03"E, 2,070.68 FEET ALONG THE CENTERLINE OF THE ABOVEMENTIONID COUNTY ROAD TO A POINT FOR CORNER S02° 45' 26"E, 2,630.00 FEET TO A 1/2" IRON PIPE (FOUND), AND CONTINUE FORA TOTAL DISTANCE OF 2,640.00 FEET TO A POINT FOR CORNER, BEING THE EASTERNMOST SOUTHEAST CORNER OF THE TRACT HEREIN BEING DESCRIBED, AND BEING AT ITS INTERSECTION WITH THE SOUTH BOUNDARY OF THE AFOREMENTIONED H. T. & B. B. R. CO. SURVEY, SECTION 1, A-309, AND BEING A COMMON BOUNDARY WITH THE NORTH BOUNDARY OF THE H.T.& B. R. R. CO. SURVEY, SECTION 22, A-548. THENCE S87° 20' 24"W, 3,647.18 FFIT ALONG THE EASTERNMOST SOUTHERLY R0RNDARY OF THE TRACT HEREIN BEING DESCRIBED, BEING THE COMMON BOUNDARY BETWEEN TER ABOREMENTIONED SURVEYS, TO A POINT FOR CORNER, BEING AN INTERIOR SOUTHFASTERLYV"'` COINER OF THE TRACT HEREIN BEING DESCRIBED, AND BEING ALSO AT ITS INTERSECTION WITH TAE WEST BOUNDARY OF THE AFOREMENTIONED JOHN W. MAXEY SURVEY, A-721, COMMON WITH THE EAST BOUNDARY OF THE AFOREMENTIONED R. B. LYLE SURVEY, A-539, IN THE CENTERLINE OF THE AFOTIONED COUNTY ROAD NO. 90. 2 449.8473 ACRES MYOPIA COUNTY, TEXAS THENCE S03" 00' 14"E, 887.14 FEET ALONG TILE SOUTIB;RNMOvp EAST BOUNDARY OF THE TRACT HEREIN BEING DESCRIBED, BRING A COMMON BOUNDARY BFTWEFN THE ABOVEMFNTIONED MAXEY SURVEY AND THE LYLE SURVEY, AND ALONG THE CFNTFJUJNE 01" TUE ABOV}N N1TIONED COUNT ROAD, TO THE POINT OF BEGINNING CONTAINING 449.8473 ACRES OF LAND. r• 5 • a R. A. SALINAS 1594 ict 4 C Ot -3- EXHIBIT "B" 515.0633 ACRES BRAZORIA COUNTY, TEXAS BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 3 H. T. & B. R. R. CO. SURVEY, SECTION 22, A-548 JOHN W. MAXEY SURVEY, A-721 A TRACT OF LAND SITUATED IN THE STATE OF TEXAS, COUNTY OF BRAZORIA, CON- TAINING 515.0633 ACRES OF LAND, AND BEING WITHIN THE H. T. & B. R. R. CO. SURVEY, SECTION 22, A-548, AND THE JOHN W. MAXEY SURVEY, A-721, BRAZORIA COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS. ALL CONTROL IS REFERRED TO THE TEXAS PLANE COORDINATE SYSTEM, LAMBERT PROJECTION, SOUTH CENTRAL ZONE. BEGINNING AT A POINT FOR CORNER, BEING THE SOUTHWEST CORNER OF THE TRACT HEREIN BEING DESCRIBED, HAVING A TEXAS PLANE COORDINATE VALUE OF X=3,155,202.68; Y-634,683.22, SAID POINT OF BEGINNING BEING AT ITS INTERSECTION WITH THE CENTERLINE OF COUNTY ROAD NO. 101 AND THE CENTERLINE OF AN UNDEDICATED COUNTY ROAD, REFERRED TO AS COUNTY ROAD NO. 90, AND SAID POINT OF BEGINNING BEING ALSO THE SOUTHWEST CORNER OF SAID JOHN W. MAXEY SURVEY, A-721, BEING COMMON WITH TUE NORTHWEST CORNER OF THE R. B. LYLE SURVEY, A-541. THENCE ALONG THE WEST BOUNDARY OF THE TRACT HEREIN BEING DESCRIBED, BEING THE CENTERLINE OF THE ABOVEMENTIONED COUNTY ROAD NO. 90, AND BEING ALSO THE WEST BOUNDARY OF THE ABOVEMENTIONED JOHN W. MAXEY SURVEY, A-721, COMMON WITH THE EAST BOUNDARY OF THE A. C. H. & B. R. R. CO. SURVEY, A-415, AND THE R. R. LYLE SURVEY, A-539, AS FOLLOWS: NO3° 02' 46"W, 1,747.71 FEET TO A POINT FOR CORNER AND ANOLE POINT AND NO3° 00' 14"W, 3,525.21 FEET TO A POINT FOR CORNER, BEING THE NORTHWEST CORNER OF THE TRACT HEREIN BEING DESCRIBED. AT 2,638.07 FEET PASS A 1/2" IRON ROD (FOUND), BEING IN THE CENTERLINE OF THE ABOVEMENTIONED COUNTY ROAD NO. 90 AT ITS INTERSECTION WITH THE CENTER- LINE OF AN UNDEDICATED COUNTY ROAD, REFERRED TO AS COUNTY ROAD NO. 59. THENCE N87° 20' 24"E, 4,967.14 FEET ALONG THE NORTH BOUNDARY OF THE TRACT HEREIN BEING DESCRIBED, SEVERING THE JOHN W. MAXEY SURVEY, A-721, AND BEING ALSO A COMMON BOUNDARY, THE SOUTH BOUNDARY OF THE H. T. & B. R. R. CO. SURVEY, SECTION 1, A-309, AND THE NORTH BOUNDARY OF THE H. T. & B. R. R. CO. SURVEY, SECTION 22, A-548. RASthrf 12/16/80 1 515.0633 ACRES BRAZORIA COUNTY, TEXAS THENCE S02° 41' 15"E, 886.43 FEET TO A POINT FOR CORNER. THENCE N87° 18' 51"E, 1,320.24 FEET TO A POINT FOR CORNER, BEING THE EASTERN MOST NORTHEAST CORNER OF THE TRACT HEREIN BEING DESCRIBED, AND BEING IN THE CENTERLINE OF COUNTY ROAD NO. 89, HAVING A RIGHT-OF-WAY WIDTH OF 60 FEET, AND BEING ALSO AT ITS INTERSECTION WITH THE EAST BOUNDARY OF THE AFOREMENTIONED H. T. d B. R. R. CO. SURVEY, SECTION 22, A-548, COMMON WITH THE WEST BOUNDARY OF THE N. T. & B. R. R. CO. SURVEY, SECTION 18, A•547. THENCE S02° 40' 01"E, 412.45 FEET ALONG THE EASTERNMOST EAST BOUNDARY OF THE TRACT HEREIN BEING DESCRIBED, AND ALONG THE CENTERLINE OF THE AFOREMENTIONED COUNTY ROAD NO. 89, AND BEING ALSO THE COMMON SURVEY LINE OF THE ABOVE SURVEYS, TO A POINT FOR CORNER IN THE CENTERLINE OF MARY'S CREEK (NORTH FORK). THENCE SEVERING SAID H. T. & B. R. R. CO. SURVEY, SECTION 22, A-548, AND ALONG THE SOUTHEASTERLY BOUNDARY OF THE TRACT HEREIN BEING DESCRIBED, AS FOLLOWS: S87° 18' 51"W, 1,320.10 FEET TO A POINT FOR CORNER, ALONG THE CENTERLINE OF MARY'S CREEK (NORTH FORK) S02° 41' 15"E, 2,650.65 FEET TO A POINT FOR CORNER IN THE CENTERLINE OF MARY'S CREEK (SOUTH FORK) S87° 28' 44"W, 1,319.03 FEET ALONG THE CENTERLINE OF SAID MARY'S CREEK (SOUTH FORK) TO A POINT FOR CORNER NO2° 38' 07"W, 1,483.03 FEET TO A POINT FOR CORNER, BEING AN INTERIOR SOUTHERLY CORNER MARKED BY A 2" GALVANIZED IRON PIPE (FOUND) S87° 11' 07"W, 881.39 FEET TO A POINT FOR CORNER MARKED BY A 1" IRON PIPE (FOUND) AND S02° 41' 18"E, 2,806.15 FEET TO A POINT FOR CORNER, BEING THE SOUTHERNMOST SOUTHEAST CORNER OF THE TRACT HEREIN BEING DESCRIBED, AND BEING IN THE CENTERLINE OF COUNTY ROAD NO. 101, HAVING A RIGHT-OF-WAY WIDTH OF 60 FEET, AT 1,478.51 FEET PASS THE CENTERLINE OF MARY'S CREEK (SOUTH FORK), AND AT 2,776.79 FEET PASS A 1" GALVANIZED IRON PIPE (FOUND) FOR REFERENCE CORNER, SAID POINT BEING ALSO AT ITS INTERSECTION WITH THE SOUTH BOUNDARY OF THE AFOREMENTIONED H. T. S. B. R. R. CO. SURVEY, SECTION 22, A-548, COMMON WITH THE NORTH BOUNDARY OF THE R. B. LYLE SURVEY, A-541. 2 515.0633 ACRES BRAZORIA COUNTY, TEXAS THENCE S87° 19' 01"W, 2,737.71 FEET ALONG THE SOUTHERLY BOUNDARY OF THE TRACT HEREIN BEING DESCRIBED, BEING ALSO THE CENTERLINE OF THE ABOVEMENTIONED COUNTY ROAD NO. 101, AND BEING A COMMON BOUNDARY, THE SOUTH BOUNDARY OF THE ABOVEMENTIONED H. T. & B. R. R. CO. SURVEY, SECTION 22, A-548, THE SOUTH BOUNDARY OF THE JOHN W. MAXEY SURVEY, A-721, AND THE NORTH BOUNDARY OF THE R. B. LYLE SURVEY, A-541, TO A POINT FOR CORNER AND POINT OF BEGINNING CONTAINING 515.0633 ACRES OF LAND. R. A. SALINAS ) \'i4• 1594 4- qee ostrrr �1r 3 PETITION FOR CONSENT TO INCLUDE LAND IN A MUNICIPAL UTILITY DISTRICT TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF PEARLAND: The undersigned, hereinafter called "petitioners", being the holders of title to a majority in value of the lands hereinafter described, as such values are indicated by the tax rolls of Brazoria County, Texas, acting pursuant to the provisions of Section 54.016, Texas Water Code, respectfully petition for the inclusion of land in a municipal utility district, hereinafter called "District", within the terms and provisions of Section 59, Article 16, Constitution of Texas. In support of this petition for consent to include said lands within the District, petitioners show as follows: I. The name of the District will be Brazoria County Municipal Utility District No. 2. II. The area of the land to be included in the District contains 449.8473 acres, more or less, and lies wholly within Brazoria County, Texas. No part of said area is within the limits of any incorporated city or town. Under the provisions of the Municipal Annexation Act (Article 970a, V.T.C.S.), said area is within the extraterritorial jurisdiction of the City of Pearland and is not within such jurisdiction of any other city. - III. The land, described by metes and bounds sought to be included 449.8473 ACRES BRAZORIA COUNTY, TEXAS BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 2 H. T. & B. R. R. CO. SURVEY, SECTION 1, A-309 JOHN W. MAXEY SURVEY, A-721 R. B. LYLE SURVEY, A-539 A TRACT OF LAND SITUATED IN THE STATE OF TEXAS, COUNTY OF BRAZORIA, CON TAINING 449.8473 ACRES OF LAND, AND BEING WITHIN THE H. T. & B. R. R. CO. SURVEY, SECTION 1, A-309, THE JOHN W. MAXEY SURVEY, A-721, AND THE R. B. LYLE SURVEY, A-539, BRAZORIA COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS. ALL CONTROL IS REFERRED TO THE TEXAS PLANE COORDINATE SYSTEM, LAMBERT P .O- JECTION, SOUTH CENTRAL ZONE. BEGINNING AT A POINT FOR CORNER, BEING THE SOUTHERNMOST SOUTHEAST CO OF THE TRACT HEREIN BEING DESCRIBED, BEING MARKED BY A 1/2" IRON ROD (FOUND) HAVI G A TEXAS PLANE COORDINATE VALUE OF X=3,154,971.56; Y=639,062.90, SAID POINT OF BEG ING BEING ALSO THE SOUTHEAST CORNER OF THE ABOVEMENTIONED R. B. LYLE SURVEY, A-539, AND iBEING COMMON WITH THE NORTHEAST CORNER OF THE A. C. H. & B. R. R. CO. SURVEY, A-415, AT ITS INTERSECTION WITH THE WEST BOUNDARY OF THE AFOREMENTIONED JOHN W. MAXEY SURVEY, A-721, SAID POINT OF BEGINNING BEING AT ITS INTERSECTION WITH THE CENTERLINE OF AN UNDEDICATED COUNTY ROAD, REFERRED TO AS COUNTY ROAD NO. 90, AND THE CENTERLINE OF AN UNDEDICATED COUNTY ROAD, REFERRED TO AS COUNTY ROAD NO. 59. THENCE S86° 43' 18"W, 2,640.03 FEET ALONG A SO I' Y BOUNDARY OF THE TRACT HEREIN BEING DESCRIBED TO A POINT FOR CORNER, BEING ALSO A COMMON BOUNDARY BETWEE!T THE SOUTH BOUNDARY OF SAID R. B. LYLE SURVEY, A-539, COMMON WITH THE NORTH BOUNDAT OF THE A. C. H. & B. R. R. CO. SURVEY, A-415, AND BEING ALSO THE CENTERLINE OF THE ABOVE - MENTIONED COUNTY ROAD NO. 59. THENCE NO3° 12' 50"W, 2,640.77 FEET TO A POINT FOR CORNER, BEING THE WESTERN- MOST NORTHWEST CORNER OF THE TRACT HEREIN BEING DESCRIBED. AT 2,634.57 FELT PASS A 5/8" IRON ROD (FOUND). THENCE N86° 43' 18"E, 2,638.19 FEET ALONG A WESTERLY NORTH BOUNDARY OF THE TRACT HEREIN BEING DESCRIBED TO A POINT FOR CORNER MARKED BY A 1" IRON PIPE (FOUND), BEING THE CENTERLINE OF THE AFOREMENTIONED UNDEDICATED COUNTY ROAD, REFERRED TO AS COUNTY ROAD NO. 90. THENCE NO3° 01' 04"W, 2,753.41 FEET ALONG A WESTERLY BOUNDARY OF THE TRACT 449.8473 ACRES BRA%ORIA COUNTY, TEXAS THENCE N50° 28' 43"E, 1,294.00 !EET ALONG THE NORTHERNMOST BOUNDARY OF THE TRACT HEREIN BEING DESCRIBED AND ALONG THE CENTERLINE OF THE AFOREMENTIONED COUNTY ROAD NO. 92, TO A POINT FOR CORNER, BEING A COMMON CORNER, AN INTERIOR SOUTHEASTBilLY CORNER OF THE AFOREMENTIONED JOHN W. MAXEY SURVEY, A-721, AND BEING COMMON WITH WEST BOUNDARY OF THE AFOREMENTIONED H.T.& B. R. R. CO. SURVEY, SECTION 1, A-309. THENCE S02° 48' 12"E, 1,537.39 FEET ALONG AN EASTERLY BOUNDARY OF THE IfRACT HEREIN BEING DESCRIBED, BEING COMMON WITH THE EASTERLY BOUNDARY OF THE AFORFEJT ONED JOHN W. MAXEY SURVEY, A-721, TO A POINT FOR CORNER. FOLLOWS: a THENCE, SEVERING THE H. T. & B. R. R. CO. SURVEY, SECTION 1, A-309, AS N87° 21' 50"E, 561.97 FEJT, AS FENCED AND OCCUPIED, TO A POINT FOR CORNER MARKED BY A 1" IRON PIPE (FOUND). AT 22.32 rT PASS A 1" IRON ROD (FOUND) FOR RIFEItENCE CORNER S03° 11' 03"E, 1,106.35 r'ET TO A POINT FOR CORNER IN THE CENTERLINE OF A 60 FOOT WIDE UNDEDICATED COUNTY ROAD, REFERRED TO AS COUNTY ROAD NO. 91 N87° 19' 03"E, 2,070.68 FEET ALONG THE CENTERLINE OF THE ABOVEMENTIONED COUNTY ROAD TO A. POINT FOR CORNER S02° 45' 26"E,:.2,630.00 ilma TO A 1/2" IRON PIPE (FOUND), AND CONTINUE FORA TOTAL DISTANCE OF 2,640.00 FEET TO'A POINT FOR CORNER, BEING THE EASTERNMOST SOUTHEAST CORNER OF THE TRACT HEREIN BEING DESCRIBED, AND BEING AT ITS INTERSECTION WITH THE SOUTH BOUNDARY OF THE AFOREMENTIONED H. T. & B. B. R. CO. SURVEY, SECTION 1, A-309, AND BEING A COMMON BOUNDARY WITH THE NORTH BOUNDARY OF THE H.T.& B. R. R. CO. SURVEY, SECTION 22, A-548. THENCE S87° 20' 24"W, 3,647.18 J!''"1 ALONG THE EASTERNMOST SOUTHERLY BOUNDARY OF THE TRACT HEREIN BEING DESCRIBED, BEING THE COMMON BOUNDARY BETWEEN THE'ABOVEMENTIONED SURVEYS, TO A POINT FOR CORNER; BEING'AN INTERIOR SOUTHEASTEI CORNER OF THE TRACT HEREIN BEING DESCRIBED, AND BEING ALSO AT ITS INTERSECTION WITH (aik (am, 449.8473 ACRES BUAZ0RIA COUNTY, TEXAS THENCE S03° 00' 14"E, 887.14 FEET ALONG THE SOUTHERNMOST EAST BOUNDARY OF THE TRACT HEREIN BEING DESCRIBED, BEING A COMMON BOUNDARY BETWEEN THE ABOVEMENTIONED MAXEY SURVEY AND THE LYLE SURVEY, AND ALONG THE CENTERLINE OF THE ABOVEMENTIONED COUNTY ROAD, TO THE POINT OF BEGINNING CONTAINING 449.8473 ACRES OF LAND. ;� (E OF rF /:/ `1)-*** 4 t R. A. SALINAS. 1594 ' ari 1 IV. District will be organized for the purposes of and the general nature of the work proposed to be done shall be the purchase, construction, acquisition, repair, extension and improvement of land, easements, works, improvements, facilities, plants, equipment and appliances necessary to: (1) provide a water supply for municipal uses, domestic uses, and commercial purposes; (2) collect, transport, process, dispose of, and control all domestic, industrial or communal wastes whether in fluid, solid, or composite state; and (3) gather, conduct, divert, and control local storm water or other local harmful excesses of water in the District and the payment of organization expenses, operational expenses during construction, and interest during construction. V. There is a necessity for the improvements above described for the following reasons: The area of the District is urban in nature, is within the growing environs of Pearland and is in close proximity to populous and developed sections of Brazoria County. District's area will, within the immediate future, experience a substantial and sustained residential and commercial growth. Said area is not supplied with adequate water and sanitary sewer facilities and services, nor with adequate drainage facilities. The health and welfare of the future inhabitants of the area and of territories adjacent thereto require installation and acquisition of an adequate water supply and sewage disposal system and an adequate drainage system for and within the area of the District. A public necessity exists for the organization of. such District, to provide for the purchase, construction, extension, improvement, VI. Petitioners request consent for the inclusion of the aforesaid lands in a municipal utility district under the following conditions, until such time as said conditions may be changed by City ordinance or resolution, either specific or general: (a) Bonds will 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, 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 will expressly provide that the District reserves the right to redeem said bonds on any interest payment date subsequent to the fifteenth. (15th) anniversary of the date of issuance without premium and will be sold only after the taking of public bids therefor, and none of such bonds, other than refunding bonds, will be sold for less than ninety-five percent (95%) of par; provided that the net effective interest rate on bonds so sold, taking into account any discount or premium as well asthe 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 notice of the sale of such bonds is given, and that bids for the bonds will be received not more than forty-five (45) days after notice of sale of the bonds is given. The resolution authorizing the issuance of the District's 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, 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) Before the commencement of any construction within the District, the District, its directors, officers or the developers and landowners will submit to the Director of the Department of Public Works of the City of Pearland, or to his 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. All water wells, water flushing valves, valves, pipes and appurtenances installed or used within the District will conform exactly to the specifications of the City of Pearland. All water service lines and sewer service lines, lift stations, sewage treatment facilities, and appurtenances thereto, installed or used within the District, will comply with the City of Pearland standard plans and specifications. Prior to the construction of such facilities within the District, the District or its engineer will give written notice by registered or certified mail to the Director of Public Works, 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 (c) The District will agree to employ a sewage plant operator holding a valid certificate of competency issued under the direction of the Texas' State Health Department as required by Section 20(a) of Article 4477-1, V.T.C.S. The District will agree to make periodic analyses of its discharge pursuant to the provisions of Texas Water Quality Board Order No. 69-1219-1 and further will agree to send copies of all such effluent data to the Department of Public Works, City of Pearland, as well as to the Texas Department of Water Resources. The District will agree that representatives of the City of Pearland may supervise the continued operations of the sewage treatment facility by making periodic inspections thereof. (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 a Planning Commission of the City of Pearland of a plat which will be duly recorded in the Map and Plat Records of Brazoria County, Texas, and otherwise comply with the rules and regulations of the Planning Department of the City of Pearland. VII. It is now estimated by those filing this petition, from such information as they have at this time, that the ultimate cost of the development contemplated will be approximately $7,647,404. WHEREFORE, petitioners respectfully pray that. this petition be granted in all respects and that the City of Pearland give its written consent to the inclusion of the aforesaid land in said District. Dated at Brazoria County, Texas, this 2lstday of January 19 81. GENERAL HOMES CONSOLIDATED COMPANIES, INC. d/b/a EDEN CORPORATION S. H. Yager, Vice President THE STATE OF TEXAS § COUNTY OF HARRIS § Before me, the undersigned authority, on this day personally appeared S. H. Yager, Vice President of General Homes Consolidated Companies, Inc., known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated, and as the act and deed of said corporation. Given under my , 1981. PAULA FALCONER ARRIAGA Notary Public In and for the State of Texas My Commission expires March 12. 1984 hand and seal_ of office this ;De day of cudec_4(demiv) Notary Public in and for Harris County, Texas APPROVED THIS DAY OF !98 CITY COUNCIL: P ' COMMERCIAL RESERVE TOM REID, MAYOR CHARLES R. MACK, MAYOR PRO-TEM AL LENTZ, COUNCILMAN !RAN COPPINGER, COUNCILWOMAN CARLTON MCCOMB, COUNCILMAN TERRY GRAY, COUNCILMAN DICK QUALTROUGH, CITY .ENGINEER.. BOBBY WILLIAMS, CITY ATTORNEY - SCHOOL SITE JUNIOR HIGH FUTURE BRAZORIA COUNTY M .0 . D . N ° G 320 acf SCHOOL SITE ( HIGH SCHOOL) EASEMENT COMMERCIAL RESERVE - / POND EASEMENT COMMERCIAL OA) - RESERVE UNRESTRICTED RESERVE f 11, SCHOOL SITE (ELEMENTARY) WATEP PLANT SITE - DRILL SITE COMMERCIAL RESERVE COMMERCIAL RESERVE POND EASEMENT DRILL SITE I COUNTY ROAD,.. NO. 59 100' R.OW COMMERCIAL RESERVE 61. POND EASEMENT RECREATI ON RESERVE m 0 z COUNTY ROAD . COLS NT -Y- ROAD- UNRESTRICTED RESERVE rn 0 WATER PLANT SITE DRILL SITE .POND EASEMENT • POND EASEMENT SCH OOL SITE ( ELEMENTARY) SEWAGE TREATMENT PL ANT SITE POND EASEMENT DENSITY STANDA''DS NET .RESIDENTIAL B.C.M.U.D I 4.0' Du/AC BC.M.U.D. 2- 3.8 DU/AC B.C.M.U.D 3- ; 3.B DU/AC MINIMUM BUILDING SETBACK LINES:2 FRONT LOT - 20 FT SIDE (INTERIOR LOTS) -- 5 FT. SIDE (CORNEIR ,LOTS) - 10 FT. PIPELINE . EA SEMENT - 65 FT. MINIMUM LOT :S 6600 SCE. FT .(60' X 1' 10. TYPICAL, .WITH` ≥:.DIMENSIONAL ,.VARIATIONS ON ('UL -DE -SAC, '. CORNER, AND • RADIAL LOTS) CHANNEL EASEMENT --density is calculated by dividing the number of &&Iin tunic:::0)11) by. ::the{ sum the •.0 a . , t - in €ghts= ar" i ,177- ec do ' e e laidsc pce , t asements. 2:'Does:: nit,. °' include term lot line for single family attached, dwei ling .: unite: (45'x:Ile ~� 400 - 200 •x400 800 - GENERAL • HOMES CONSOL DATED COWAN I ES, • ! NC COUNTY ROAD-- N°.101 iVC►i N'w-'AR AriC Mt-txac irav pi M Ssr Ef, F'1 Y' :"jkor: 45471e ��':��"i.+r�'`�',�;',`��Sw��:#'Liu'br��',-•'�°-.;�b�:'�-��S`��.- ,''�i'�.&�'t� s:+5,4?c.A.,7,4•`1 T a•A.. APPROVED THIS x DAY OF ;9/vaREY, 1981 crrY TOM REIN, MAYOR ie CHIRLEB R. MACK,MAYOR PRO-TEM AL'LENTZ, GCOUNCILMAN PRAPY'COPPINGER, .COUNCILWOMAN 44/1jc- CARLTON MCCOMB, COUNCILMAN TERRY GRAY, COUNCILMAN ism DICK QOALTROIIGH, CITY .ENGINEER BOBBY WILLIAMS, CITY ATTORNEY • FUTURE ERAZORIA COUNTY M .0 . D. N°,6 320.ac± r-. ,bk t. • w• NERAL HOMES CONSOLIDATED 'COMPANIES, •N . Ys V , IMF �k-,"Kz.daL �oI�,�._•'.n.:.k?,w;•t>^,cSMs.7..,i,.'1e r«",Mxa�t �,t� t v�•a 17-;,..7,✓r m,r.:Ns`W.SrAnS.r5`Y]t xi sr+1- iY�yr �'bR 4i-.af rn-, gym `777—." --;.fi r -=ri; h, Azok ,dfly .14 -Wt"aa %sue a ry .?xV.1iR.2t+f`%'. s s} • �Nn . I - 'a s �i'. r ....r. 11S• xm!.,. � '�'!'X"•Cwu e. ��'1�5•F.N'fM M�i ,CAF. t!r