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R80-13 6-9-80 RESOLUTION NO. ,R80-13 A RESOLUTION OF THE CITY OF PEARLAND, TEXAS, GIVING CONSENT TO THE CREATION OF MUNICIPAL UTILITY DISTRICTS WITHIN ITS EXTRATERRITORIAL J~URISDICTION 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 exist within the extraterritorial jurisdiction of the incorporated City of Pearland, Brazoria County, Texas, areas wherein it is desired that Municipal Utility Districts be created; and WHEREAS, it is now contemplated that such Municipal Utility Districts 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 subdivi- sions shall be known as Brazoria County Municipal Utility District No. 4, and Brazoria County Municipal Utility Dis- trict No. 5, respectively, both of Brazoria County, Texas; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, 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 speci- fically 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 named Brazoria County Municipal Utility District No. 4 and Brazoria County Municipal Utility District No. 5, the boundaries of such Districts being described by metes and bounds in Exhibits "A" and "B", respectively, 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 both of the aforedescribed Municipal Utility Districts, and all owners or developers within said Dis- tricts, shall abide by and adhere to all of the terms and conditions set forth in Exhibit "C" attached hereto and made a part hereof for all purposes; and (b) That one or both of the Districts 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 Police, Fire and Emergency Medical Services to the residents of the Districts 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 Districts; and (c) That the owner or developer of the land within the boundaries of Brazoria County Municipal Utility District No. 4 and Brazoria County Municipal Utility District No. 5, 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: -2- (1) That all areas within the aforenamed Districts shall be developed in general accordance with the Conceptual Plan and Density Ratios set forth on the Conceptual Plan attached hereto as Exhibit "D" and made a part of this resolution for all intents and purposes. (2) 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. (3) 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 the nearest boundary of such an easement. 4. That this Resolution shall take effect i~ediately 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 o~~, 1980,/ at a regular meeting of the Ci~ Council duly called as required by law. CITY OF~EA~AND, ~S TOM REID, Mayor ATTEST: Ci~ of Pearland, Texas City Secreta~ - ~ APPROVED AS TO CONTENT: U.S. HOnE OF TEXAS LAND, INC. By: ~ -3- EXHI~IT,A' :BRAZORIA ~iTY MUNICIPAL UT'ILI~Y DIS'~..~ST NO. 4 · ,, FISHER =o..,,c. February 20, .1980 DESCRIPTION BEING 601.3663 acres of land located in the J. Crawley ~urvey, Abstract No. 174, the F. B. Drake Survey (North One-Half of Sect;on 2), Abstract No. 503, the F. B. Drake Survey {South One-Half. of Section 2), Abstract No. 510, the H.T.& B.R.R. Co. (Section 1), Abstract No. 310 and the C, J. Hall Survey, Abstract No. 215, Brazoria County, Texas, said 601.3663 acres of land being a portion of that certain 1,023.9375 acres of land conveyed to U.S. Home Corporation by deed dated October 26, 1978 and recorded-in Volume 1425, Page 630 of the Deed Records of Brazoria County, Texas, said 601.3663 acres being more partiuclarly described by metes and bounds as follows: TRACT B-1 (5.0126 Acres) BEGINNING at a 5/8 inch iron rod with an aluminum cap stamped "T-8" found marking the northwest corner of said 1,023.9375 acre tract same being the northwest corner of the hereindescribed tract; THENCE North 89 deg. 59 min. 56 sec. East, along the north line of said 1,023.9375 acre tract, a distance of 338.38 feet to the northeast corner of the herein described tract same being the northwest corner of that certain tract of land conveyed to the State of Texas by deed recorded in Volume 1028, Page 631 of the Deed Records of Brazoria County, Texas, from which a concrete monument found bears South 17 deg. 26 min. 43 sec. West - 1.21 feet; THENCE South 03 deg. 38 min. 52 sec. Westj along a west line of said State of Texas tract, a distance of 202.19 feet to the beginning of a curve to the right, from which a concrete monument found bears South O0 deg. 04 min. 18 sec. West - 2.41 feet; THENCE in a southwesterly direction along the arc of said curve, same being a westerly line of said State of Texas tract, having a Radius of. 1041.74 feet, a Central Angle of 43 deg. 18 min. 16 sec., an Arc Length of 787.35 feet and a Long Chord which bears South 25 deg. 18 min. O0 sec. West - 768.75 feet to the south corner of the herein described tract and a northwest corner of said State of Texas tract; THENCE North O0 deg. ll min. 34 sec. East, along the west line of said 1,023.9375 acre tract, a distance of 896.79 feet to the PLACE OF BEGINNING and containing 5.0126 acres of land. TRACT B-2 (596.3536 Acres) CO~qENCING at a 5/8 inch iron rod with an aluminum cap stamped "T-8" found marking the northwest corner of said 1,023.9375 acre tract; THENCE North 89 deg. 59 min. 56 sec. East, along the north line of said 1,023.9375 acre tract, a distance of 806.66 feet to the northeast corner of that certain tract of land conveyed to the State of Texas by deed recorded in Volume 1028, Page 631 of the Deed Records of Brazoria County, Texas same being the PLACE OF BEGINNING of the herein described tract; THENCE continuing North 89 deg. 59 min. 56 sec. East, along the north line of said 1,023.g375 acre.tract, a distance of 438.07 feet to a 5/8 inch iron rod with aluminum cap stamped "T-g" found for an interior corner of said 1,023.9375 acre tract; THENCE North O0 deg. 33 min. 27 sec. East, a distance of 205.91 feet to a 5/8 inch iron rod with an aluminum cap stamped "T-10" found fo~ a northwest corner of said 1,023.9375 acre tract; FISHER co.. ,~=. THENCE North 89 deg. 17 min. 41 sec. East, a distance of 74.92 feet to a 5/8 inch iron rod with an aluminum cap stamped "T-11" found at a fence corner for an angle point in the north line of said 1,023.9375 acre tract; THENCE South 89 deg. 57 min. 19 sec. East, along the south line of a called 23.212 acre tract, a distance of 1392.81 feet to a 1/2 inch iron rod set for it's southeast corner, an interior corner of said 1,023.9375 acre tract, said 1/2 inch iron rod is also located in the occupied west line of the said F. B. Drake Survey, Abstract No. 503, the northeast corner of the said J. Crawley Survey and the southeast corner of the David White Survey, Abstract No. 747; THENCE North O1 deg. 06 min. 22 sec. West, along the occupied dividing line between the said Drake and White Surveys, at 857.17 feet pass a 4"X 4" concrete monument found on line, in all a total distance of 908.16 feet to a point in the centerline of Clear Creek for the most northerly northwest corner of said 1,023.9375 acre tract, said centerline of Clear' Creek being the dividing line between Brazoria County and Harris County; THENCE in a easterly direction along the centerline of Clear Creek with the following meanders: 1. North 69 deg. 17 min. 28 sec. East, 261.46 feet; 2. North 73 deg. 14 min. 22 sec. East, 246.67 feet; 3. North 89 deg. 17 min. 06 sec. East, 131.O0 feet; 4. South 70 deg. 19 min. 29 sec. East, 85.01 feet; 5. South 69 deg. 13 min. 49 sec. East, 74.72 feet; 6. South.83 deg. lO min. O0 sec. East, 96.53 feet; 7. North 70 deg. 19 min. 13 sec. East, 136.66 fee~; 8. North 42 deg. 20 min. 27 sec. East, 69.75 feet; 9. North 24 deg. 39 min. 59 sec. East, 63.13 feet; 10. North 46 deg. 57 min. 26 sec. East, 40.64 feet; ll. North 87 deg. 43 min. 52 sec. East, 103.02 feet; 12. South 73 deg. 19 min. 16 sec. East, 117.04 feet; 13. South 76 deg. 09 min. 14 sec. East, 126.04 feet; 14. South 64 deg. 02 min. 05 sec. East, 528.82 feet; 15. South 69 deg. 24 min. 04 sec. East, 52.34 feet; 16. South 47 deg. 41 min. 43 sec. East, 38.33 feet; 17. South 67 deg. 18 min. 32'sec. East, 63.78 feet; 18. South 57 deg. 40 min. 30 sec. East, 127.70 feet; 19. South 59 Ueg. ll min. 03 sec. East, llO.07 feet; 20. South 65 deg. 46 min. 26 sec. East, 96.42 feet; 21. South 71 deg. 41 min. 56 sec. East, 164,76 feet; 22. South 50 deg. 14 min. ll sec. East, 63.62 feet; 23. South 18 deg. 28 min. 44 sec. East, 30.89 feet; 24. South 50 deg. 51 min. 40 sec. East, 86.15 feet; 25. South 51 deg. 14 min. 18 sec. East, 139.29 feet; 26. South 38 deg. 04 min. 17 sec. East, 36.50 feet; 27. South 55 deg. 17 min. 56 sec. East, 44.41 ~feet; 28. South 41 deg. 19 min. 49 sec. East, 46.27 feet; 29. South 63 deg. 45 min 33 sec. East, 186.37 feet; 30. South 68 deg. 55 min O0 sec. East, 185.16 feet; 31. South 46 deg. 52 min 46 sec. East, 82.54 feet; 32. South 63 deg. 16 min. 57 sec. East, 33.24 feet; 33. South 47 deg. 14 min 26 sec. East, 128.81 feet; 34. South 60 deg. 59 min. 42 sec. East, 41.67 feet; 35. South 43 deg. 50 min 15 sec. East, 65.51 feet; 36. South 51 deg. 06 min 47 sec. East, 79.31 feet; 37. South 62 deg. 30 min. 24 sec. East, 89.42 feet; 38. North 85 deg. 37 min. 35 sec. East, 153.76 feet; 39. North 83 deg. 15 min. 13 sec. East, 165.18 feet; FISHER 41. North 67 deg. 18 min. 19 sec. East, 168.78 feet; 42. North 48 deg. 03 min. 02 sec. East, 32.31 feet; 43. South 88 deg. 53 min. 51 sec. East, 38.63 feet; 44. North 69 deg. 13 min. 35 sec. East, 250.87 feet; 45. North 60 deg. 21 min. O1 sec. East, 253.72 feet; 46. North 70 deg. 43 min. 44 sec. East, 68.77 feet;. 47. North 82 deg. 57 min. 03 sec. East, 142.34 feet to a point for · the northwest corner of a called 20 acre tract conveyed by H. S. Trousdale et ux to W. W. Trousdale per warranty deed dated July 10, 1953 and a northeasterly corner of the herein described tract; THENCE South 22 deg. 41 min. 58 sec. West, along the westerly line of the said W. W. Trousdale 20 acre tract, a total distance of 809.54 feet to a 1/2 inch iron rod set for it's southwesterly corner, an interior corner of the said Parcel A and an interior corner of the herein described tract; THENCE South 67 deg. 31 min. 58 sec. East, along the southerly line of the said W. W. Trousdale 20 acre tract, at 984.98 feet set a 1/2 inch iron rod on line for reference, in all a total distance of 1014.98 feet '-to a point in the centerline of a canal for it's southeasterly corner, an interior corner of said 1,023.9375 acre tract and an interior corner of the herein described tract; THENCE South 23 deg. 08 min. O1 sec. West, along the centerline' of said canal, a distance of 562.30 feet to an interior corner of said 1,023.9375 acre tract; THENCE SOuth 24 deg. 28 min. 07 sec. West, along the centerline of said canal same being an east line of said 1,023.9375 acre tract, a distance of 741.77 feet to an interior corner of said 1,023.9375 acre 'tract; THENCE North 89 deg. 32 min. 06 sec. East, along a north line of said 1,023.9375 acre tract, a distance of 31.52 feet to the northeast corner of that certain 60 foot wide canal easement conveyed to American Canal Company by instrument recorded in Volume 638, Page 127 of the Deed Records of Brazoria County, Texas, said corner being in a curve whose center bears South 74 deg. 48 min. 49 sec. West; THENCE in a southerly direction along the arc of said curve, same being the east line of said 60 foot wide canal easement, having a Radius of 370.00 feet, a Central Angle of'15 deg. 27 min. 08 sec., an Arc Length of 99.79 feet and a Long Chord which bears South 07 deg. 27 min. 37 sec. East - 99.48 feet to the end of said curve; THENCE South O0 deg. 15 min. 57 sec. East, along the east line of said canal easement, a distance of 1077.91 feet to the beginning of a curve to the left; THENCE in a southwesterly direction along the arc of said curve to the left, same being a southeasterly line of said canal easement, having a Radius of 200.00 feet, a Central Angle of 89 deg. 30 min. 55 sec., an Arc Length of 312.49 feet and a Long Chord which bears South 44 deg. 29 min. 32 sec. West - 281.64 feet to the end of said curve; THENCE South 89 deg. 14 min. 59 sec. West, along a south line of said canal easement, a distance of 6797,90 feet to the southwest corner of the herein described tract; · ,' FISHER ¢o..,.=. PO ~OX 1~429 25~8 NULDY HOUSTON, I£XAS 77019 THENCE in a northerly direction along the arc of a curve, same being an east line of said State of Texas tract, having a Radius of ll,669.16 feet, a Central Angle of 02 deg. 33 min. 39 sec., an Arc Length of 521.56 feet and a Long Chord which bears North O1 deg. 32 min. 06 sec. East - 521.51 feet to the beginning of a curve to the right from which a concrete monument found bears South 06 deg. 53 min. 14 sec. East - 0.72 feet; THENCE in a northeasterly direction along the arc of said curve, same being an east line of said State of Texas tract, having a Radius of 1041.74 feet, a Central Angle of 49 deg. 53 min. 34 sec., an Arc Length of 907.14 feet and a Long Chord which bears North 25 deg. 12 min. 05 sec. East - 878.75 feet to the end of said curve from which a concrete monumnet bears South 37 deg. 32 min. 04 sec. East - 0.29 feet; THENCE North 50 deg. 08 min. 52 sec. East, along an easterly line of said State of Texas tract, a distance of 79.22 feet to the beginning of a curve to the left; THENCE in a northeasterly direction along the arc of said curve to the left, same being an easterly line of said State of Texas tract, having a Radius of 446.51 feet, a Central Angle of 37 deg. 39 min. 47 sec., an Arc Length of 293.51 feet and a Long Chord which bears North 31 deg. 18 min. 58 sec. East - 288.25 feet to the end of said curve from which a concrete monument found bears South 36 deg. 52 min. 32 sec. East - 0.63 feet; THENCE North 42 deg. 13 min. 35 sec. East, along an easterly line of said State of Texas tract, a distance of 134.72 feet to a point for corner from which a concrete monument found bears South 35 deg. 12 min. 12 sec. East - 0.49 feet; THENCE North 89 deg. 38 min. 52 sec. East, along a southerly.line of said State of Texas tract, a distance of 270.00 feet to a point for corner from which a concrete monument found bears North l0 deg. 30 min. 24 sec. West - 0.66 feet; THENCE North O0 deg. 21 min. 08 sec. West, along an easterly line of said State of Texas tract, a distance of 120.00 feet to a point for corner from which a concrete monument found bears North 82 deg. 08 min. 28 sec. East - 0.64 feet; THENCE South 89 deg. 38 min. 52'sec. West, along a northerly line of said State of Texas tract, a distance of 150.00 feet to a point for corner from which a concrete monument bears North 33 deg. 35 min. 16 sec. East - 0.42 feet; THENCE North 46 deg. 55 min. 41 sec. West, along an easterly line of said State of Texas tract, a distance of 72.59 feet to a point for corner from which a concrete monument found bears North 23 deg. 24 min. 23 sec. West - 1.O0 foot, said point for corner bein~ the beginning of a curve whose center bears South 83 deg. 23 min. 52 sec. West; THENCE in a northwesterly direction along the arc of said curve, same being an easterly line of said State of Texas tract, having a Radius of 458.37 feet, a'Central Angle of 44 deg. 14 min. 59 sec., an Arc Length of 354.00 feet and a Long Chord which bears North 28 deg. 43 min. 37 sec. West - 345.27 feet to the end .of said curve from which a concrete monument found bears South 54 deg. 15 min. 46 sec. West - 1.41 feet; FISHER co..,.c. THENCE North 50 deg. 51 min. 06 sec.-West, along an easterly line of said.State of Texas tract, a distance of 85.39 feet to the beginning of a curve to the right; THENCE in a northwesterly direction along the arc of said curve to the right, same being an easterly line of said State of Texas tract, having a Radius of 1273.24 feet, a Central Angle of 41 deg. 30 min. O0 sec., an Arc Length of 922.22 feet and a LOng Chord which bears North 30 deg. 06 min. 07 sec. West - 902.19 feet to the end of said curve from which a concrete monument bears North 38 deg. 44 min. 49 sec. East - 0.26 feet; THENCE North 09 deg. 21 min. 07 sec. West along an easterly line of said State of Texas tract, a distance of 246.12 feet to the PLACE OF BEGINNING and containing 596.3536 acres of land. The above described two tracts of land contain a total of 601.3663 acres. E. L. Smlers, Jr. Registered Public Surveyor No. 1949 BRAZORI~ ~TY ExhIBIT' B~ MUNICIPAL :U~ILITY D~.~_~T NO. 5 ,., FISHER co..,.c. February 20, .1980 DESCRIPTION BEING 422.5712 acres of land located in the J. Crawley Survey, Abstract No. 174, the F. B. Drake Survey, (S~uth One-Half of Section 2), Abstract No. 510, the H.T.& B.R.R. Co. (Section 1), Abstract No. 310 and the C.J. Hall Survey, Abstract No. 215, Brazoria County, Texas, said 422.5712 acres being a portion of that certain 1,023.9375 acres of land conveyed to U.S. Home Corporation by deed dated October 26, 1978 and recorded in Volume 1425, Page 630 of the Deed Records of Brazoria County, Texas, said 422.5712 acres being more particularly described in three tracts by metes and bounds as follows: TRACT A-1 (18.7563 Acres) BEGINNING at the southwest corner of that certain tract of land conveyed to Southwest Brazoria Land Co., as Tract "C", by deed recorded in Volume 1346, Page 810 of the Deed Records of Brazoria County, Texas same being a northwest corner of that certain tract of land conveyed to the State of Texas by deed recorded in Volume 1028, Page 631 of the Deed Records - of Brazoria County, Texas, same being a southwest corner of said 1,023.9375 acre tract and the southwest corner of the herein described tract from ' which a 1/2 inch iron rod found bears South O0 deg. 10 min. 58 sec. West - 0.27 feet; THENCE North O0 deg. ll min. 34 sec. East, a distance of 2,831.77 feet to the north corner of said Parcel "C" same being the upper southwest corner of said State of Texas tract and the north corner of the herein described tract from which a concrete monument found bears North 62 deg. 12 min. O0 sec. West - 5.96 feet, said corner being in a curve whose center bears South 50 deg. 06 min. 34 sec. West; THENCE in a southerly direction along the arc of said curve, same being a westerly line of said State of Texas tract, having a Radius of 1273.24 feet, a Central Angle of 46 deg. 38 min. 48 sec., an Arc Length of 1036.59 feet and a Long Chord which bears South 21 deg. 34 min. 02 sec. East - 1008.20 feet to the beginning of a compound curve from which a concrete monument bears South 89 deg. 06 min. O0 sec. East - 1.38 feet; THENCE in a southerly direction along the arc of said curve, same being said westerly line, having a Radius of 11,249.16 feet, a Central Angle of 03 d~g. 46 min. 33 sec., an Arc Length of 741.31 feet and a Long Chord which bears South 03 deg. 38 min. 38 sec. West - 741.18 feet to a concrete monument found for corner; THENCE South 05 deg. 31 min. 54 sec. West, along said west tine, a distance of 1035.06 feet to a concrete monument for corner; THENCE South 38 deg. 44 min. 18 sec. West, along a northwesterly line of said State of Texas tract, a distance of 83.67 feet~'to an interior corner from which a concrete monument found bears South 70 deg. 04 min. 23 sec. West - 0.66 feet; THENCE South 71 deg. 56 min. 42 sec. West, along said northwesterly line, a distance of 190.26 feet to the PUCE OF BEGINNING and containing 18.7563 acres of land. TRACT A-2 (290.8996 Acres) BEGINNING at the most southerly southeast corner of said 1,023.9375 acre tract in the centerline of County Road No. 403, based on. a width of 40.00 feet; THENCE South 89 deg. 25 min. 08 sec2 West, along the centerline of the ~aid County Road No. 403, a distance of 2029.69 feet to the southeast corner of the west 2.5 acres of Lot 20 of Allison-Richey Gulf Coast Home Co. Subdivision of said Section No. l, per map thereof recorded in Volume 2, Page 107 of the Map Records of Brazoria County, Texas; THENCE North O0 deg. 40 min. 09 sec. West, along the east line of said 2.5 acre tract, at 20.00 feet pass a 5/8 inch iron rod with an aluminUm cap stamped "T-4" found on line, in all a total distance of 593.11 feet to a 5/8 inch iron rod with an aluminum cap stamped "T-5" for the northeast corner of the said 2.5 acre tract and an interior corner of the herein described tract, from which a 1/2 inch iron rod bears North 24 deg. 05 min. 18 sec. East - 1.59 feet; THENCE South 89 deg. 25 min. 53 sec. West, along the north line of the said 2.5 acretract, a distance of 183.87 feet to it's northwest corner in the east line of a called 20 acre tract of land conveyed by H.S. Trousdale et ux to Carolyn Wengler per deed dated August l, 1966, said point is also an interior corner of the herein described tract; THENCE North O0 deg. 35 min. 23 sec. West, along the east line of the -said Wengler 20 acre tract, a distance of 739.35 feet to a l-l/2 inch galvanized iron pipe found for it's northeast corner and an interior corner of the herein described tract; THENCE South 89 deg. 23 min. 40 sec. West, along the north line of the said Wengler 20 acre tract and another called 20 acre tract located in the said F. B. Drake Survey, south one-half of Section 2, and conveyed by H. S. Trousdale et ux to Carolyn Wengler per deed dated August l, 1966, a total distance of 1308.40 feet to a 5 inch creosote post for it's northwest corner and an interior corner of the herein described tract; THENCE South O0 deg. 36 min. 07 sec. East, along the west line of the said western most 20 acre Wengler tract, at 1311.86 feet pass a 5 inch. creosote post on line, in all a total distance of 1331.86 feet to a point in the centerline of said County Road No. 403 for it's southwest corner and a'southeast corner of the herein described tract; THENCE South 89 deg. 09 min. 39 sec. West, along the centerline of the said County Road No. 403, same being the occupied south line of the said F. B. Drake Survey and said J. Crawley Survey, at 2155.33 feet and right 21.54 feet found a 4"X 4" concrete monument at a fence corner and in the occupied dividing line between the said Drake and Crawley Surveys, continuing the same course a total distance of 3725.84 feet to the most southerly southwest corner of the herein described tract; THENCE North O0 deg. 58 min. 08 sec. West, at 20.00 feet pass a 5/8 inch iron rod found marking the southeast corner of that certain tract of land conveyed to the State Of Texas by deed recorded in Volume 1028, Page 631 of the Deed Records of Brazoria County, Texas, continuing the same course a total distance of 63.03 feet to a northeast corner of said State of Texas from which a concrete monument found bears South 08 deg. 05 min. 34 sec. West - 0.43 feet; THENCE South 89 deg. O1 min. 52 sec. West, along a north line of said State of Texas tract, a distance of 200.00 feet to an interior corner of the herein described tract f~om which a concrete monument found bears South 37 deg. 24 min. 24 sec. East - 0.68 feet; THENCE North 72 deg. 06 min. 20 sec. West, along said north line, a distance of 379.04 feet to a southwesterly corner of the' herein described tract from which a concrete monument found bears South 67 deg. 41 min. 12 sec. East - 0.61 feet; · ,, FISHER THENCE North 33 deg. 17 min. 13 sec~ West, along a northeasterly line of ~aid State of Texas tract, a distance of 77.91 feet to a west corner of the herein described tract from which a concrete monument bears South 65 deg. 43 min. ll sec. East - 0.47 feet; THENCE North 05 deg. 31 min. 54 sec. East, along an east line of said State of Texas tract, a distance of 987.23 feet to the beginning of a curve to the left from which a concrete monument found bears South 68' deg. 36 min. O0 sec. West - 0.23 feet; THENCE in a northerly direction along the said curve to left, same being an east line of said State of Texas tract, having a Radius of 11,669.16 feet, a Central Angle of 02 deg. 42 min. 58 sec., an Arc Length of 553.15 feet and a Long Chord which bears North O1 deg. 36 min. 46 sec. East - 553.10 feet to the northwest corner of the herein described tract; THENCE North 89 deg. 14 min. 59 sec. East, a distance of 6797.90 feet-to. the beginning of a curve to the left; THENCE in a northeasterly direction along the arc of said curve to the left, same being a southeasterly line of said 60 foot wide canal easement, having a Radius of 200.00 feet, a Central Angle of 89 deg. 30 min. 55 sec., an Arc Length of 312.49 feet and a Long Chord which bears North 44 deg. 29 min. 32 sec. East -281.64 feet to the end of said curve; THENCE North O0 deg. 15 min. 57 sec. West, along an east line of said 60 foot wide canal easement, a distance of 1077.91 feet to the beginning of a curve to the right; THENCE in a northerly direction along the arc of said curve to the right, same being an easterly line of said 60 foot wide canal easement, having a Radius of 370.00 feet, a Central Angleof 15 deg. 27 min. 08 sec., an Arc Length of 99.79 feet and a Long Chord which bears North 07 deg. 27 min. 37 sec. East - 99.48 feet north to the end of said curve in a north line of said 1,023.9375 acre tract and being in the centerline of and east-west road, 40.00 foot wide, as depicted on said map or plat of the Allison-Richey Gulf Coast Home Co. Subdivision; THENCE North 89 deg. 32 min. 06 sec. East, along the centerline of said road, at 673.67 feet and right 38.59 feet found a 4"X 4" concrete monument at a fence corner, continuing the same course a total distance of 691.80 feet to a 5/8 inch iron rod found in the centerline of a north-south road, 40 feet wide as depicted on said map or plat of the Allison-Richey Gulf Coast Home Co. Subdivision recorded in Volume 2, Page 24 of the Map Records of Brazoria County, Texas, said 5/8 inch iron rod also being in th occupi.ed and recognized con~on line between the said H.T. & B.R.R. Co. Survey (Section l) and said F. B. Drake Survey, Abstract No.506; THENCE South O0 deg. 26 min~ 27 sec. East, along last said common line, same being the centerline of said road, 40.00 feet wide, at 3105.99 feet and right 20.00 feet found a 5/8 inch iron rod with aluminum cap stamped "T-3", in the north right-of-way line of County Road No. 403, based on a width of 40.00 feet, continuing the same course a total distance of 3125.94 feet to the PLACE OF BEGINNING and containing 290.8996 acres of land. · ., FISHER TRACT A-3 (112.9153 Acres) BEGINNING at the intersection of the centerline of F.M. Highway No. 518 (Old Chocolate Bayou Road) with the centerline of Clear Creek and being in the occupied and recognized common line between the said C. J. Hall Survey and W. T. Dodson Survey, Abstract No. 187 and also being the most easterly northeast corner.of Parcel A as described in that certain deed recorded in said Volume 1346 on Page 810, from which a 4"X 4" concrete monument bears South 43 deg. 38 min. 54 sec. West - 76.01 feet; THENCE South O0 deg. O0 min. 22 sec. East, along the above said common line, same being the centerline of F.M. Road No. 518 and the southerly projection thereof, a total distance of 1386.24 feet to the occupied and recognized north line of the F. B. Drake Survey (Section 20), Abstract No. 506 for the most easterly southeast corner of the said Parcel A; THENCE .South 89 deg. 32 min. 07 sec. West, along the occupied and recognized common line between the said C. J. Hall Survey and F. B. Drake Survey, at 24.85 feet pass a 5/8 inch iron rod with a aluminum cap stamped "T-l" found on line, at 39.62 feet pass a 4"X 4" concrete monument found on line, at 3381.47 feet pass a 4"X 4" concrete monument found on line 'marking the occupied and recognized southwest corner of the said C. J. Hall Survey and an ell corner of the said H.T.& B.R.R. Co. Survey (Section 1), continuing the same course a total distance of 3418.47 feet to a point in the center of a canal for an interior corner of the herein described tract and an interior corner of the said Parcel A; THENCE North 23 deg. 08 min. O1 sec. East, along the centerline of said canal, a distance of 562.30 feet to the sdutheast corner of that certain tract of land called to contain 20 acres conveyed by H. S. Trousdale, et ux to W. W. Trousdale per warranty deed dated JUly 10, 1953; THENCE North 24 deg. 09 min. 02 sec. East, continuing along the centerline of said canal, same being an easterly line of said W. W. Trousdale 20 acre tract, a distance of 616.04 feet to an angle point; THENCE North 42 deg. 46 min. 02 sec. East, continuing along the centerline of said canal, same being an easterly line of said W. W. Trousdale 20 acre tract, a distance of 252.42 feet to it's intersection with the centerline of Clear Creek for the northwesterly corner of said W. W. Trousdale 20 acre tract and the northwest corner of the herein described tract; THENCE in an easterly direction along the centerline of Clear Creek with the following meanders: 1. North 84 deg. 08 min. 50 sec. East 164.00 feet; 2. South 88 deg. 05 min. 08 sec. East 33.08 feet; 3. North 52 deg. 14 min. 23 sec. East 32.16 feet; 4. North 62 deg. 42 min. 04 sec. East 138.97 feet; 5. North 60 deg. 44 min. 23 sec. East 50.75 feet; 6. North 85 deg. 28 min. 26 sec. East 88.65 feet; 7. North 73 deg. 50 min. 40 sec. East lO0.O0 feet; 8. North 69 deg. 59 min. 16 sec. East 91.73 feet; 9. North 53 deg. 18 min. 38 sec. East 123.76 feet; 10. North 46 deg. O0 min. 08 sec. East 103.51 feet; ll. North 52 deg. 52 min. 49 sec. East 135.46 feet; 12. North 65 deg. 42 min. 07 sec. East 94.85 feet; 13. North 57 deg. 13 min. 42 sec. East 101.04 feet; 14. North 42 deg. 24 min. 49 sec. East 100.60 feet; 15, North 47 deg. 45 min. 48 sec. East 103.98 feet;. · FISHER 16. North 66 deg. 09 min. 40 sec. East, 48.25 feet; 17. North 57 deg. O0 min. 53 sec. East, 121.29 feet; 18. South 74 deg. 58 min. 47 sec. East, 193.16 feet; 19. South 72 deg. 07 min. 02 sec. East, lO0.12 feet; 20. South 77 deg. 16 min. 13 sec. East, 100.08 feet; 21. South 66 deg. 26 min. 45 sec. East, lO5.01 feet; 22. South 61 deg. 48 min. 39 sec. East, 113.06 feet; · 23. South 57 deg. 45 min. ll sec. East, lO0.O0 feet; 24. South 56 deg. 58 min. 45 sec. East, 104.02 feet; 25. South 46 deg. 18 min. 18 sec. East, 104.54 feet; 26. South 44 deg. 02 min. 19 sec. East, 100.04 feet; 27. South 49 deg. 26 min. 31 sec. East, 129.26 feet; 28. South 61 deg. 05 min. 49 sec. East, 100.02 feet; 29. South 69 deg. 51 min. 50 sec. East, 86.70 feet; 30. South 83 deg. 15 min. 07 sec. East, 93.45 feet; 31. North 73 deg. 53 min. 46 sec. East, 122.53 feet to the PLACE OF BEGINNING and containing 112.9153 acres of land. The three tracts of land described above contain a total of 422.5712 acres. Registered Public Surveyor No. 1949 EXHIBIT C 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 facili- ties, and to make any and all necessary purchases, construc- tion, 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 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, 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 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 Genreal 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 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 authoriza- tion, 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 recom- mendations 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 desposit. 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. • E ,3g2lizzz, • MAR 25 19du CITY OF PETITION FOR CONSENT TO THE CREATION PEARLAND • OF A MUNICIPAL UTILITY DISTRICT w • THE STATE OF TEXAS § . COUNTY OF BRAZORIA § TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY ' OF PEARLAND, TEXAS : • The undersigned (herein the "Petitioner" ) , being the holder of title to the lands within the territory herein- after described- by metes and bounds and being the owner of a majority in value of the land therein, as indicated by the tax rolls of Brazoria County, Texas, and certified copies of the deeds tracing. title from the persons listed on the Brazoria County tax rolls as owners of the land to the Petitioner, and acting pursuant. to.. the provisions of Chapter 54, Title 4, Texas Water Code, as amended, respectfully petitions the Mayor and City Council of the City of Pearland, Texas, for its written consent to the creation of a municipal utility district and would respectfully show the following: I The name of the proposed District shall be Brazoria County Municipal Utility District No . 4, of Brazoria County, Texas. II . The District shall be created and organized and shall exist under the terms and provisions of Article XVI , Section 59 of the Constitution of Texas and Chapter 54, Title 4, Texas Water Code, as amended. III . The District shall contain an area of 'approximately 601 . 3663 acres of land, more or less, situated wholly in Brazoria County, Texas . No part of the. -area within the District is within the limits of any incorporated city, , town • or village except the City of Pearl-and, Texas, and no part of the District is within the extraterritorial jurisdiction (as such term is defined in Article 970a, Vernon' s Texas Civil Statutes) of any city, town or village, except the City of Pearland, Texas. All of the territory proposed to be included may properly be included in the District. The area proposed to be within the District consists of two tracts of land which .are described by metes and bounds in Exhibit "A" , which is attached hereto and incorporated herein for all purposes . IV. The undersigned holds title to land within the District and is the owner of a majority in value of the land therein as indicated by the tax rolls of Brazoria County, Texas and certified copies of deeds tracing title into Petitioner from the persons listed on the tax rolls of Brazoria County, Texas, as owners of the land. V. The general- nature of ,the work proposed to be done by , the District at the present time is the construction, acqui- sition, maintenance and operation of a waterworks and sani- tary sewer system for domestic, industrial and commercial purposes, and the construction, acquisition, maintenance and operation of a drainage system to gather, conduct, divert, and control local storm water or other local harmful excesses of water in the District. • VI . There is, for the following reasons, a necessity for the above-described work. The area proposed to be included within the District is urban in nature, is within the growing environs of Houston, is in close proximity to populous and developed sections of Harris County, and within the immediate future will experience a substantial and sustained residen- tial and commercial growth. There is not now available within the area, which will be developed primarily for residential and commercial users, an adequate waterworks and -2- • sanitary sewer system or an adequate drainage system. The health and welfare of the present and future inhabitants of the area and of territories adjacent thereto require the construction, acquisition, maintenance and operation, of • adequate waterworks, sanitary sewer and drainage systems. A public necessity therefore exists for the organization of- the District, to provide for the purchase, construction, • extension, improvement, maintenance and operation of such waterworks, sanitary sewer and drainage systems, so as to promote the purity and sanitary condition of the State ' s waters and to enhance the public health and welfare of the community. VII . • A preliminary investigation has been instituted to determine the cost of the project, and it is now estimated by the Petitioner, from such information as it has at this time, •that the ultimate cost of the development contemplated will be approximately $19, 000, 000. WHEREFORE, the Petitioner respectfully prays that this petition be heard and that your Honorable Body duly pass and • approve an ordinance or resolution consenting to the crea- tion of the District and authorizing the inclusion of the , land described herein within the District. RESPECTFULLY SUBMITTED, this 1-1 day of 11,12ttrv4-- 1980 . U.S. H ME OF TEXAS. LAND, INC.. Pres'dent • ATTEST: • 0,00 Assistant Secretary :(SEAL) • -3- ro...-r c.._ ti fi'•;zi•,;,'.+ti:,.;�sz::.s:°,x=�a-_d *^Y :. -- w.�...;+n7g�.�+ `-- .. . .ai'''-�'.Q; '�?'�`.cy1r - - _ - - •* ''`:aa1`'.>.- . • �i Oi THE FISHER CO., INC. PO BOX 13429 2518 HULDY HOUSTON, 1EXAS 77019 A/C 713 528-4118 • February 20, ,1980 DESCRIPTION BEING 601 .3663 acres of land located in the J. Crawley Survey, Abstract No.. 174, the F. B. Drake Survey (North One-Half of Section 2) , Abstract No. 503, the F. B. Drake Survey (South One-Half of Section 2), Abstract No. 510, the H.T.& B.R.R. Co. (Section 1) , Abstract No. 310 and the C. J. Hall Survey, Abstract No. 215, Brazoria County, Texas, said 601 .3663 acres of land being a portion of that certain 1 ,023.9375 acres of land conveyed to U.S. Home Corporation by deed dated October 26, 1978 and recorded in Volume 1425, Page 630 of the Deed Records of Brazoria County, Texas, said 601 .3663 acres. being more partiuclarly described by metes and bounds as follows: TRACT B-1 (5.0126 .Acres) BEGINNING at a 5/8 inch. iron rod with an aluminum cap stamped "T-8" found marking the northwest corner of said 1 ,023.9375 acre tract same being the northwest corner of the herein described tract; THENCE North 89 deg. 59 min. 56 sec. East, along the north line of said 1 ,023.9375 acre tract, a distance of 338.38 feet to the northeast corner of the herein described tract same being the northwest corner of that certain tract of land conveyed to the State of Texas by deed recorded in. Volume 1028, Page 631 of the Deed Records of Brazoria County, Texas, from which a concrete monument found bears South 17 deg. 26 min. 43 sec. West - 1 .21 feet; • THENCE South 03 deg. 38 min. 52 sec. West, along a west line of said State of Texas tract, a. distance of 202.19 feet to the beginning of a curve to the right, from which a concrete monument found bears South 00 deg. 04 min. 18 sec. West 2.41 feet; THENCE in a southwesterly direction along the arc of said curve, same being a westerly line of said State of Texas tract, having a Radius of 1041 .74 feet, a Central Angle of 43 deg. 18 min. 16 sec. , an Arc Length of 787.35. feet and a Long Chord which bears South 25 d'eg. 18 min. 00 sec. West - 768.75 feet to the south corner of the herein described tract and a northwest corner of said State of Texas tract; . THENCE North 00' deg. 11 min. 34 sec. East, along the west line of said 1 ,023.9375 acre tract, a distance of 896.79 feet to the PLACE OF BEGINNING and containing.5.0126 acres of land. . TRACT B-2 (596.3536 Acres) COMMENCING at a 5/8 inch iron rod with an aluminum cap stamped "T-8" found marking the northwest corner of said 1 ,023.9375 acre tract; THENCE North 89 deg. 59 min. 56 sec. East, along the. north line of said 1 ,023.9375 acre tract, a distance of 806.66 feet to the northeast corner of that certain tract of land conveyed to the State of Texas by deed recorded in Volume 1028, Page 631 of the Deed Records of Brazoria County, Texas same being the PLACE OF BEGINNING of the herein described tract; THENCE continuing North 89 deg. 59 min. 56 sec. East, along the north line of said 1 ,023.9375 acre tract, a distance of 438.07.feet to. a 5/8 , inch iron rod with aluminum cap stamped "T-9" 'found for an interior corner of said 1 ,023.9375 acre tract; THENCE North 00 deg. 33 min. 27. sec. East, a distance of 205.91 feet to a 5/8 inch iron rod with an aluminum cap stamped "T-10" found for a northwest corner of said 1 ,023.9375 acre tract; - EXHIBIT "A" • .d Anfailhk THE FISHER CO.. INC. PO BOX 13429 2518 HULO1' HOUSTON, IE%AS 77019 . A/C 713 528- 4118 THENCE North 89 deg. 17 min. 41 sec. East, a distance of 74.92 feet to a 5/8 inch iron rod with an aluminum cap stamped "T-11 " found at a fence corner for an angle point in the north line of said 1 ,023.9375 acre tract; THENCE South 89 deg. 57 min. 19 sec. East, along the south line of a called .23.212 acre tract, a distance of 1392.81 feet to a 1/2 inch iron rod set for it's southeast corner, an interior corner of said 1 ,023.9375 acre tract, said 1/2 inch iron rod is also located in the occupied west line of the said F. B. Drake Survey, Abstract No. 503, the northeast �. corner of the said J . Crawley Survey and the southeast corner of the David White Survey, Abstract No. 747; . THENCE North 01 deg. 06 min. 22 sec. West, along the occupied dividing line between the said Drake and White Surveys, at 857.17 feet pass a 4"X 4" concrete monument found on line, in all a total distance of 908.16 feet to a point in the centerline of Clear Creek for the most northerly northwest corner of said 1 ,023.9375 acre tract, said centerline of Clear Creek being the dividing line between Brazoria County and Harris County; THENCE in a easterly direction along the centerline of Clear Creek with the following meanders: 1 . North 69 deg. 17 min. 28 sec. East, 261 .46 feet; 2. North 73 deg. 14 min. 22 sec. East, 246.67 feet; 3. North 89 deg. 17 min. 06 sec. East, 131 .00 feet; 4. South 70 deg. 19 min. 29 sec. East, 85.01 feet; 5. South 69 deg. 13 min. 49 sec. East, 74.72 feet; 6. South 83 deg. 10 min. 00 sec. East, 96.53 feet; 7. North 70 deg. 19 min. 13 sec. East, 136.66 feet; 8. North 42 deg. 20 min. 27 sec. East, 69.75 feet; 9. North 24 deg. 39 min. 59 sec. East, 63.13 feet; 10. North 46 deg. 57 min. 26 sec. East, 40.64 feet; 11 . North 87 deg. 43 min. 52 sec. East, 103.02 feet; 12. South 73 deg. 19 min. 16 sec. East; 117.04 feet; 13. South 76 deg. 09 min. 14 sec. East, 126.04 feet; 14. South 64 deg. 02 min. 05 sec. East, 528.82 feet; 15. South 69 deg. 24 min. 04 sec. East, 52.34 feet; 16. South 47 deg. 41 min. 43 sec. East, 38.33 feet; 17. South 67 deg. 18 min. 32 sec. East, 63.78 feet; 18. South 57 deg. 40 min. 30 sec. East, 127.70 feet; 19. South 59 deg. 11 min. 03 sec. East, 110.07 feet; 20. South 65 deg. 46 min. 26 sec. East, 96.42 feet; 21-. South 71 deg. 41 min. 56 sec. East, 164.76. feet; 22. South 50 deg. 14 min. 11 sec. East, 63.62 feet; 23. South 18 deg. 28 min. 44 sec. East, 30.89 feet; 24. South 50 deg. 51 min. 40 sec. East, 86.15 feet; 25. South 51 deg. 14 min. 18 sec. East, 139.29 feet; 26. South 38 deg. 04 min. 17 sec. East, 36.50 feet; 27. South 55 deg. 17 min. 56 sec. East, 44.41 feet; 28. South 41 deg. 19 min. 49 sec. East, 46.27 feet; 29. South 63 deg. 45 min. 33 sec. East, 186.37 feet; 30. South 68 deg. 55 mina 00 sec. East, 185.16 feet; 31 . South 46 deg. 52 min. 46 sec. East, 82.54 feet; 32. South 63 deg. 16 min. 57 sec. East, 33.24 feet; 33. South 47 deg. 14 min. 26 sec. East, 128.81 feet; 34. South 60 deg. 59 min. 42 sec. East, 41 .67 feet; 35. South 43 deg. 50 min. 15 sec. East, 65.51 feet; 36. South 51 deg. 06 min. 47 sec. East, 79.31 feet; 37. South 62 deg. 30 min. 24 sec. East, 89.42 feet; 38. North 85 deg. 37 min. 35 sec. East, 153.76 feet; 39. North 83 deg. 15 min. 13 sec. East, 165.18 feet; teal THE FISHER CO., INC. PO BOX 13429 2518 HULDY HOUSTON, 1EXAS 77019 A/C 713 528- 4118 40. North 69 deg. 30 min: 33 sec. East, 211 .30 feet; 41 . North. 67 deg. 18 min. 19 sec. East, 168.78 feet; 42. North 48 deg. 03 min. 02 sec. East, 32.31 feet; 43. South 88 deg. -53 min. 51 sec. East, 38.63 feet; 44. North 69 deg. 13 min. 35 sec. East, 250.87 feet; 45. North 60 deg. 21 min. 01 sec. East, .253.72 feet; 46. North 70 deg. 43 min. 44 sec. East, 68.77 feet; 47. North 82 deg. 57 min. 03 sec. East, 142.34 feet to a point for the northwest corner of a called 20 acre tract conveyed by H. S. Trousdale et ux to W. W. Trousdale per warranty deed dated July 10, 1953 and a' northeasterly corner of the herein described tract; THENCE South 22 deg. 41 min. 58 sec. West, along the westerly line of the said W. W. Trousdale 20 acre tract, a total distance of 809.54 feet to a 1/2 inch iron rod set for it's southwesterly corner, an interior corner of the said Parcel A and an interior corner of the herein described tract; . THENCE South •67 deg. 31 min. 58 sec. East, along the southerly line of the said W. W. Trousdale 20 acre tract, at 984.98 feet set a 1/2 inch iron rod on line for reference, in all a total distance of 1014.98 feet to a point in the centerline of a canal for it's southeasterly corner, an interior corner of said 1 ,023.9375 acre tract and an interior corner of the herein described tract; THENCE South 23 deg. 08 min. 01 sec. West, along the centerline of said canal , a distance of 562.30 feet to an interior corner of said 1 ,023.9375 acre tract; - THENCE South 24 deg. 28 min. 07 sec. West, along the centerline of said canal same being an east line of said 1 ,023.9375 acre tract, a distance of 741 .77 feet to an interior corner of said 1 ,023.9375 acre tract; THENCE North 89 deg. 32 min. 06 sec. East, along a north line of said • 1 ,023.9375 acre tract, a distance of 31 .52 feet to the northeast corner of that certain 60 foot wide canal easement conveyed to American Canal Company by instrument recorded in Volume 638, Page 127 of the Deed Records of Brazoria County, Texas, said corner being in a curve whose center bears South 74 deg. 48 min. 49 sec. West; THENCE in a southerly direction along the arc of said curve, same being the east line of said 60 foot wide canal easement, having a Radius of 370.00 feet, a Central Angle of 15 deg. 27 min. 08 sec. , an Arc Length of 99.79 feet and a Long Chord which bears South 07 deg. 27 min. 37 sec. East - 99.48 feet to the end of said curve; THENCE South 00 deg. 15 min. 57 sec. East, along the east line of said canal easement, a distance of 1077.91 feet to the beginning of a curve to the left; THENCE in a southwesterly direction along the arc of said curve to the left, same being a southeasterly line of said canal easement, having a Radius of 200.00 feet, a Central Angle of 89 deg. 30 min. 55 sec. , an Arc. Length of. 312.49 feet and a Long Chord which bears South 44 deg. 29 min. 32 sec. West 281 .64 feet to the end of said curve; THENCE South 89 deg. .14 min.. 59 sec. West, along a south line of said canal easement, a distance .of 6797.90 feet to. the southwest corner of the herein described tract; THE FISHER Co., INC. PO BOX I3429 2518 NULDY HOUSTON, IEXAS 77019 A/C 713 528- 4118 THENCE in a. northerly direction along the arc of a curve, same being an east line of said State of Texas tract, having a Radius of 11 ,669. 16 feet, a Central Angle of 02 deg. 33 mina 39 sec. , an Arc Length of 521 .56 feet and a Long Chord which bears North 01 deg. 32 min. 06 sec. East - 521 .51 feet to the beginning of a curve to the right from which a concrete monument found bears South 06 deg. 53 min. 14 sec. East - 0.72 feet; THENCE in a northeasterly direction along the arc of said curve, same being an east line of said State of Texas tract, having a Radius of 1041 .74 feet, a Central Angle of 49 deg. 53 min. 34 sec. , an Arc Length of 907.14 feet and a Long Chord which bears North 25 deg: 12 min. 05 sec. East - 878.75 feet to the end of said curve from which a concrete monumnet bears South 37 deg. 32 min. 04 sec. East - 0.29 feet; THENCE North 50 deg. 08 min. 52 sec. East, along an easterly line of said State of Texas tract, a distance of 79.22 feet to the beginning of a curve to the left; THENCE in a northeasterly direction along the arc of said curve to the left, same being an easterly line of said State of Texas tract, having a Radius of 446.51 feet, a Central Angle of 37 deg. 39 min. 47 sec. , an Arc Length of 293.51 feet and a Long Chord which bears North 31 deg. 18 min. 58 sec. East - 288.25 feet to the end of said curve from which a concrete monument found bears South 36 deg. 52 min. 32 sec. East - 0.63 feet; THENCE North 42 deg. 13 min. 35 sec. East, along an easterly line of said State of Texas tract, a distance of 134.72 feet to a point for corner from which a concrete monument found bears South 35 deg. 12 min. 12 sec. East - 0.49 feet; THENCE North 89 deg. 38 min. 52 sec. East, along a southerly line of said State of Texas tract, a distance of 270.00 feet to a point for • corner from which a concrete monument found bears North 10 deg. 30 min. 24 sec. West - 0.66 feet; THENCE North 00 deg. 21 min. 08 sec. West, along an easterly line of said State of Texas tract, a distance of 120.00 feet to a point for corner from which a concrete monument found bears North 82 deg. 08 min. 28 sec. East - 0.64 feet; . THENCE South 89 deg. 38 min. 52 sec. West, along a northerly line of said State of Texas tract, a distance of 150.00 feet to a point for corner from which a concrete monument bears North 33 deg. 35 min. 16 sec. East- 0.42 feet; THENCE North 46 deg. 55 min. 41 sec. West, along an easterly line of said State of Texas tract, a distance of 72.59 feet to a point for corner from which a concrete monument found bears North 23 deg. 24 min.. 23 sec. West - 1 .00 foot, said point for corner being the beginning of a curve whose center bears South 83 deg. 23 min. 52 sec. West; THENCE in a northwesterly direction along the arc of said curve, same being an easterly line of said State of Texas tract, having a Radius of . 458.37 feet, a Central Angle of 44 deg. 14 min. 59 sec. , an Arc Length of 354.00 feet and a Long Chord which bearsNorth 28 deg. 43 min. 37 sec. West - 345.27 feet to the end of said curve from which a concrete monument found bears South 54 deg. 15 min. 46 sec. West - 1 .41 feet; AntriNlik • WOW THE FISHER CO.. INC. • P 0 BOX 13429 • 25113 HULOY HOUSTON, 1 EXAS 77019 • A/c 713 528- 4118 • THENCE North 50 deg. 51 min. 06 sec.- West, along an easterly line of said State of Texas tract, a distance of 85.39 feet to the beginning of a curve to the right; THENCE in a northwesterly direction along the arc of said curve to the right, same being an easterly line of said State of Texas tract, having a Radius of 1273.24 feet, a Central Angle of 41 deg. 30 min. 00 sec. , an Arc Length of 922.22 feet and a Long Chord which bears •North 30 deg. 06 min. 07 sec. West - 902.19 feet to the end of said curve from which a concrete monument bears North 38 deg. 44 min. 49 sec. East - 0.26 feet; THENCE North 09 deg. 21 min. 07 sec. West along an easterly line of said State of Texas tract, a distance of 246.12 feet to the PLACE OF BEGINNING • and containing 596.3536 acres of land. The above described two tracts of land contain a total of 601 .3663 acres. C-C L. Smiers, Jr. Registered Public Surveyor No. 1949 • j - - • Eivr,2 Z Z5,7)21) MAR 25 MO CITY OF PEARLAND PETITION FOR CONSENT TO THE CREATION OF A MUNICIPAL UTILITY DISTRICT k.. THE STATE OF TEXAS § COUNTY OF BRAZORIA § TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS : The undersigned (herein the "Petitioner" ) , being the holder of title to the lands within the territory herein- after described :by _metes and bounds and being the owner of a majority in value of the land therein, as indicated by the tax rolls of Brazoria County, Texas, and certified copies of the deeds tracing title from the persons listed on the Brazoria County tax rolls as owners of the land to the Petitioner, and acting pursuant to the provisions of Chapter 54, Title 4, Texas Water Code, as amended, respectfully petitions. the Mayor and City Council of the City of Pearland, Texas,• for its written consent .to the creation of a municipal • • utility district and would respectfully show the following: I The name of the proposed District shall be Brazoria County Municipal Utility District No. 5, of Brazoria County, Texas . • II . The District shall be created and organized and shall exist under the terms and •provisions of Article XVI , Section • 59 of the Constitution of. Texas and Chapter 54, Title 4, � . Texas Water Code, as amended. III . The District shall contain an area of approximately 422 . 5712 acres of land, more or less, situated wholly in Brazoria County, Texas . No part of the area within the District is within the limits of any incorporated city, town or village . except the City of Pearland, Texas, and no part • of the District is within the extraterritorial jurisdiction ' ( as such term is defined in Article 970a, Vernon' s Texas Civil Statutes) of _any city, town or village., except the City of Pearland, Texas . All of the territory proposed to be included may properly be included in the District. The area proposed to be within the District consists of three tracts of land which are described by metes and bounds in- Exhibit "A" , which is attached hereto and incorporated herein for all purposes . IV. The undersigned holds title to land within the District. and is the owner of a majority in value of the land therein as indicated by the tax rolls of Brazoria County, Texas and certified copies of deeds tracing title into Petitioner from the persons listed on th.e tax rolls of Brazor.ia County,. Texas, as owners of the land. V. The general nature of the work proposed to be done by the District at the present time is the construction, acqui- sition, maintenance and operation of a waterworks and sani- tary sewer system for domestic, industrial and commercial purposes, and the construction, acquisition, maintenance and operation of a drainage system to gather, conduct, divert, and control local storm water or other local harmful excesses of water in the District. VI . There is, for the following reasons, a necessity for the above-described work. The area proposed to be" included within the District is urban in nature, is within the growing environs of Houston, is in close proximity to populous and developed sections of Harris County,, and within the immediate future will experience a substantial and sustained residen- tial and commercial growth. There is not now available within the area, which will be developed primarily for residential and commercial users, an adequate waterworks and -2- sanitary sewer system or an adequate drainage -system. The health and welfare of the present and future inhabitants of the area and of territories adjacent thereto require the construction, acquisition, - maintenance and operation, of adequate waterworks, sanitary sewer and drainage systems. A public necessity therefore exists for the organization of- the District, to provide for the purchase, construction, extension, improvement, maintenance and operation of such waterworks, sanitary sewer and drainage systems, so as to promote the purity and . sanitary condition of the State ' s -waters and to enhance the public health and welfare of the community. VII . ' A preliminary investigation has been instituted to determine the cost of the project, and it is now estimated by the Petitioner, from such information as it has at this time, that the ultimate cost of the development contemplated will be approximately $15 , 500, 000 . WHEREFORE, the Petitioner respectfully prays that this petition be heard and that your Honorable. Body duly pass and • approve an ordinance or resolution consenting to the crea- tion of the District and authorizing the inclusion of the land described herein within the District. RESPECTFULLY SUBMITTED, this 74 day of (L{,t,m 1980. U.S. H ME OF TEXAS LAND,- INC. Presiden ATTEST: 6)' 45i) Assistant Secretary (SEAL) . -3- THE FISHER CO., INC. PO BOX 13429 2518 HOLD HOUSTON, 1EXAS 77019 A/C 713 528 • 4118 February 20, 1980 DESCRIPTION BEING 422.5712 acres of land located in the J. Crawley Survey, Abstract No. 174, the F. B. Drake Survey, (South One-Half of Section 2) , Abstract No. 510, the H.T.& B.R.R. Co. (Section 1 ) , Abstract No. 310 and the C.J. Hall Survey, Abstract No. 215, Brazoria County, Texas, said 422.5712 acres being a portion of that certain 1 ,023.9375 acres of land conveyed to U.S. Home Corporation by deed dated October 26, 1978 and recorded in Volume .1425, Page 630 of the Deed Records of Brazoria County, Texas, said 422.5712 acres being more particularly described in three tracts by metes and bounds as follows: TRACT A-1 (18.7563 Acres) BEGINNING at the southwest corner of that certain tract of land conveyed to Southwest Brazoria Land Co. , as Tract "C", by deed recorded in Volume 1346, Page 810 of the Deed Records of Brazoria County, Texas same being a northwest corner of that certain tract of .land conveyed to the State of Texas by deed recorded in Volume 1028, Page 631 of the Deed Records of Brazoria County, Texas, same being a southwest corner of said 1 ,023.9375 acre tract and the southwest corner of the herein described tract from which a 1/2 inch iron rod found bears South 00 deg. 10 min. 58 sec. West - 0.27 feet; THENCE North 00 deg. 11 min. 34 sec. East, a distance of 2,831 .77 feet to the north corner of said Parcel . "C11 same being the upper southwest corner of said State of Texas tract and the north corner of the herein described tract from which a concrete monument found bears North 62 deg. 12 min. 00 sec. West - 5.96 feet, said corner being in a curve whose center bears South 50 deg. 06 min. 34 sec. West; THENCE in a southerly direction along the arc of said curve, same being a westerly line of said State of Texas tract, having a Radius of 1273.24 feet, a Central Angle of 46 deg. 38 min. 48 sec. , an Arc Length of 1036.59 feet and a Long Chord which bears. South 21 deg. 34 min. 02 sec. East - 1008.20 feet to the beginning of a compound curve from which a concrete monument bears South 89 deg. 06 min. 00 sec. East - 1 .38 feet; THENCE in a southerly direction along the arc of said curve, same being said westerly line, having a Radius of 11 ,249.16 feet, a Central Angle of 03 deg. 46 min. 33 sec. , an Arc Length\of 741 .31 feet and .a Long Chord which bears South 03 deg. 38 min. 38 sec. West - 741 .18 feet to a concrete monument found for corner; THENCE South 05 deg. 31 min. 54 sec. West, along said west line, a distance of 1035.06 feet to a concrete monument for corner; THENCE South 38 deg. 44 min. 18 sec. West, along a northwesterly line of said State of Texas tract, a distance of 83.67 feet- to an interior corner from which a concrete monument found bears South 70 deg. 04 min. 23 sec. West - 0.66 feet; THENCE South 71 deg. 56 min. 42 sec. West, along said northwesterly line, a distance of 190.26 feet to the PLACE OF BEGINNING and containing 18.7563 acres of land. TRACT A-2 (290.8996 Acres) BEGINNING at the most southerly southeast corner of said 1 ,023.9375 acre tract in the centerline of County Road No. 403, based on a width of 40.00 feet; . EXHIBIT "A" ill/ THE FISHER CO., INC. PO BOX 13429 2518 HULOY HOUSTON, TEXAS 77019 A/C 713 528 - 4118 THENCE South 89 deg. 25 min. 08 sec: West, along the centerline of the said County Road No. 403, a distance of 2029.69 feet to the southeast corner of the west 2.5 acres of Lot 20 of Allison-Richey Gulf Coast Home Co. Subdivision of said Section No. 1 , per map thereof recorded in Volume 2, Page 107 of the Map Records of Brazoria County, Texas; THENCE North 00 deg. 40 min. 09 sec. West, along the east line of said 2.5 acre tract, at 20.00 feet pass a 5/8 inch iron rod with an aluminum cap stamped "T-4" found on line, in all a total distance of 593.11 feet to a 5/8 inch iron rod with an aluminum cap stamped "T-5" for the northeast corner.of the said 2.5 acre tract and an interior corner of the herein described tract, from which a 1/2 inch iron rod bears North 24 deg. 05 1 min. 18 sec. East - 1 .59 feet; li THENCE South 89 deg. 25 min. 53 sec. West, along the north line of the said 2.5 acre tract, a distance of 183.87 feet to it's northwest corner in the east line of a called 20 acre tract of land conveyed by H.S. • Trousdale et ux to Carolyn Wengler per deed dated August 1 , 1966,, said point is also an interior corner of the herein described tract; THENCE North 00 deg. 35 min. 23 sec. West, along the east line of the said Wengler 20 acre tract, a distance of 739.35 feet to a 1-1/2 inch galvanized iron pipe found for it's northeast corner and an interior corner of the herein described tract; THENCE South 89 deg. 23 min. 40 sec. West, along the north line of the said Wengler 20 acre tract and another called 20 acre tract located in the said F. B. Drake Survey, south one-half of Section 2, and conveyed by H. S. Trousdale et ux to Carolyn Wengler per deed dated August 1 , 1966, a total distance of 1308.40 feet to a 5 inch creosote post for it's northwest corner and an interior corner of the herein described tract; THENCE South 00 deg. 36 min. 07 sec. East, along the west line of the said western most 20 acre Wengler tract, at 1311 .86 feet pass a 5 inch creosote post on line, in all a total distance of 1331 .86 feet to a point in the centerline of said County Road No. 403 for it's southwest corner and a southeast corner of the herein described tract; THENCE South 89 deg. 09 min. 39 sec. West, along the centerline of the said County Road No. 403, same being the occupied south line of the said F.. B. Drake Survey and said J. Crawley Survey, at 2155.33 feet and right' 21 .54 feet found a 4"X 4" concrete monument at a fence corner and in the occupied dividing line between the said Drake and Crawley Surveys, continuing the same course a total distance of 3725.84 feet to the most southerly southwest corner of the herein described tract; THENCE North 00 deg. 58 min. 08 sec. West, at 20.00 feet pass a 5/8 inch iron rod found marking the southeast corner of that certain tract of land conveyed to .the State of Texas by deed recorded in Volume 1028, Page 631 of the Deed Records of Brazoria County, Texas, continuing the same course a total distance of 63.03. feet to a northeast corner of said State of Texas from which a concrete monument found bears South 08 deg. 05 min. 34 sec. West - 0.43 feet; THENCE South 89 deg. 01 min. 52 sec. West, along a north line of said State of Texas tract, a distance of 200.00 feet to an interior corner of the herein described tract from which a concrete monument found bears South 37 deg. 24 min. 24 sec. East - 0.68 feet; THENCE North 72 deg. 06 min. 20 sec. West, along said north line, a distance of 379.04 feet to a southwesterly corner of the herein described tract from which a concrete monument found bears South 67 deg. 41 min. 12 sec. East - 0.61 feet; /1 11 FP THE FISHER CO., INC. PO BOX 13429 2518 HULOY HOUSTON, 1EXAS 77019 A/C 713 528- 4118 THENCE North 33 deg. 17 min. 13 sec: West, along a northeasterly line of said State of Texas tract, a distance of 77.91 feet to a west corner of the herein described tract from which a concrete monument bears South 65 deg. 43 min. 11 sec. East - 0.47 feet; THENCE North 05 deg. 31 min. 54 sec. East, along an east line of said State of Texas tract, a distance of 987.23 feet to the beginning of a curve to the left from which a concrete monument found bears South '68: deg. 36 min. 00 sec. West 0.23 feet; THENCE in a northerly direction along the said curve to left, same being an east line of said State of Texas tract, having a Radius of 11 ,669.16 feet, a Central Angle of 02 deg. 42 min. 58 sec. , an Arc Length of 553.15 feet and a Long Chord which bears North 01 deg. 36 min. 46 sec. East - 553.10 feet to the northwest corner of the herein described tract; THENCE North 89 deg. 14 min. 59 sec. East, a distance of 6797.90 feet to the beginning of a curve to the left; THENCE in a northeasterly direction along the arc of said curve to the left, same being a southeasterly line of said 60 foot wide canal easement, having a Radius of 200.00 feet, a Central Angle of 89 deg. 30 min. 55 sec. , an Arc Length of 312.49 feet and a Long Chord which bears North 44 deg. 29 min. 32 sec. East -281 .64 feet to the end of said curve; THENCE North 00 deg. 15 min. 57 sec. West, along an east line of said 60 foot wide canal easement, a distance of 1077.91 feet to the beginning of a curve to the right; THENCE in a northerly direction along the arc of said curve to the right, same being an easterly line of said 60 foot wide canal easement, having a Radius of 370.00 feet, a Central Angle of 15 deg. 27 min. 08 sec. , an Arc Length of 99.79 feet and a Long Chord which bears North 07 deg. 27 min. 37 sec. East - 99.48 feet north to the end of said curve in a north line of said 1 ,023.9375 acre tract and being in the centerline of and east-west road, 40.00 fobt wide, as depicted on said map or plat , of the Allison-Richey Gulf Coast Home Co. Subdivision; THENCE North 89 deg. 32 min. 06 sec. East, along the centerline of said road, at 673.67 feet and right 38.59 feet found a 4"X 4" concrete monument at a fence corner, continuing the same course a total distance of. 691 .80 feet to a 5/8 inch iron rod found in the centerline of a north-south road, 40 feet wide as depicted on said map or plat of the Allison-Richey Gulf Coast Home Co. Subdivision recorded in Volume 2, Page 24 of the Map Records of Brazoria County, Texas, said 5/8 inch iron rod also being in th occupied and recognized common line between the said H.T. & B.R.R. Co. Survey (Section 1 ) and said F. B. Drake Survey, Abstract No.506; THENCE South 00 deg. 26 min. 27 sec. East, along last said common line, same being the centerline of said road, 40.00 feet wide, at 3105.99 feet and right 20.00 feet found a 5/8 inch iron rod with aluminum cap stamped "T-3", in the north right-of-way line of County Road No. 403, based on a width of 40.00 feet, continuing the same course a total distance of 3125.94 feet to the PLACE OF BEGINNING and containing 290.8996 acres of land. d ' ` I J THE FISHER CO., INC. PO BOX 13429 2518 HULOY HOUSTON, 1EXAS 7/019 A/C 713 528- 4118 TRACT A-3 (112.9153 Acres) BEGINNING at the intersection of the centerline of F.M. Highway No. 518 (Old Chocolate Bayou Road) with the centerline of Clear Creek and being in the occupied and recognized common line between the said C. J. Hall Survey and W. T. Dodson Survey, Abstract No. 187 and also being the most easterly northeast corner of Parcel A as described in that certain deed recorded in said Volume 1346 on Page 810, from which a 4"X 4" concrete monument bears South 43 deg. 38 min. 54 sec. West - 76.01 feet; THENCE South 00 deg. 00 min. 22 sec. East, along the above said common line, same being the centerline of F.M. Road No. 518 and the southerly projection thereof, a total ,distance of 1386.24 feet to the occupied and recognized north line of the F. B. Drake Survey (Section 20) , Abstract No. 506 for the most easterly southeast corner of the said Parcel A; THENCE South 89 deg. 32 min. 07 sec. West, along the occupied and recognized common line between the said C. J . Hall Survey and F. B. Drake Survey, at 24.85 feet pass a 5/8 inch iron rod with a aluminum cap stamped "T-1 " found on line, at 39.62 feet pass a 4"X 4" concrete monument found on line, at 3381 .47 feet pass a 4"X 4" concrete monument found on line marking the occupied and recognized southwest corner of the said C. J. Hall Survey and an ell corner of the said H.T.& B.R.R. Co. Survey (Section 1 ) , continuing the same course a total distance of 3418.47 feet to a point in the center of a canal for an interior corner of the herein described tract and an interior corner of the said Parcel A; THENCE North 23 deg. 08 min. 01 sec. East, along the centerline of said canal , a distance of 562.30 feet to the southeast corner of that certain tract of land called to contain 20 acres conveyed by H. S. Trousdale, et. ux to W. W. Trousdale per warranty deed dated July 10, 1953; THENCE North 24 deg. 09 min. 02 sec. East, continuing along the centerline of said canal , same being an easterly line of said W. W. Trousdale 20 acre tract, a distance of 616.04 feet to an angle point; THENCE North 42 deg. 46 min. 02 sec. East, continuing along the centerline of said canal , same being an easterly line of said W. W. Trousdale 20 acre tract, a distance of 252.42 feet to it' s intersection with the centerline of Clear Creek for the northwesterly corner of said W. W. Trousdale 20 acre tract and the northwest corner of the herein described tract; THENCE in an easterly direction along the centerline of Clear Creek with the following meanders: 1 . North 84 deg. 08 min. 50 sec. East, 164.00 feet; 2. South 88 deg. 05 min. 08 sec. East, 33.08 feet; 3. North 52 deg. 14 min. 23 sec. East, 32.16 feet; 4. North 62 deg. 42 min. 04 sec. East, 138.97 feet; 5• North 60 deg. 44 min. 23 sec. East, 50.75 feet; 6. North 85 deg. 28 min. 26 sec. East, 88.65 feet; 7. North 73 deg. 50 min. 40 sec. East, 100.00 feet; 8. North 69 deg. 59 min. 16 sec. East, 91 .73 feet; 9. North 53 deg.. 18 min. 38 sec. East, 123.76 feet; 10. North 46 deg. 00 min. 08 sec. East, 103.51 feet; 11 . North 52 deg. 52 min. 49 sec. East, 135.46 feet; 12. North 65 deg. 42 min. 07 sec. East, 94.85 feet; 13. North 57 deg. 13 min. 42 sec. East, 101 .04 feet; 14. North 42 deg. 24 min. 49 sec. East, 100.60 feet; 15. North 47 deg. 45 min. 48 sec. East, 103.98 feet; - j E-(i45D THE FISHER CO., INC. PO BOX 13429 2518 HULOT HOUSTON, 1F.XAS 77019 A/C 713 528 - 4118 16. North 66 deg. 09 min. 40 sec. East, 48.25 feet; 17. North 57 deg. 00 min. 53 sec. East, 121 .29 feet; 18. South 74 deg.' 58 min. 47 sec. East, 193.16 feet; 19. South 72 deg. 07 min. 02 sec. East, 100.12 feet; 20. South 77 deg. 16 min. 13 sec. East, 100.08 feet; 21 . South 66 deg. 26 min. 45 sec. East, .105.01 feet; 22. South 61 deg. 48 min. 39 sec. East, 113.06 feet; - 23. South 57 deg. 45 min. 11 sec. East, 100.00 feet; 24. South 56 deg. 58 min. 45 sec. East, 104.02 feet; 25. South 46 deg. 18 min. 18 sec. East, 104.54 feet; 26. South 44 deg. 02 min. 19 sec. East, 100.04 feet; 27. South 49 deg. 26 min. 31 sec. East, 129.26 feet; 28. South 61 deg. 05 min. 49 sec. East, 100.02 feet; 29. South 69 deg. 51 min. 50 sec. East, 86.70 feet; 30. South 83 deg. 15 min. 07 sec. East, 93.45 feet; 31 . North 73 deg. 53 min. 46 sec. East, 122.53 feet to the PLACE OF BEGINNING and containing 112.9153 acres of land. The three tracts of land described above contain a total of 422.5712 acres. L. L. Smiers, Jr. Registered Public Surveyor No. 1949 1 .. F1.. !, n_.. y'. .. .(, .. .. .. A. : • : .. _. .Y,... ..�:+'r .`a,''i� �: r:':- i.n"irv. t'.i''c.' K: AwW'iy.�.. ... �.... ..t n: ..,.., � .:..,. ....� .Y•u .^ � ta..� ,! F... ._4. ..w. 'a .:§i .. ,..Y•` � .u�: ...C?«:. `- an 9'; :. , .�!fi4;: r.. _.;. (i) rn 0 Q 0 n r=1 c 1 as t=1 G] t=1 • 11C=)C1A1C=1E.1tiC=1©I1::Zi=3ir C+1 CJ r J Co Co c u co O CT,. co Co LT). Ln Co I".) n'r r ..,�,3'ii. .,.:.,..:.,. .. G'_-<rr:�'.-::.f�:. ^„r .;. :. -_" :.:• .. r.:. ..-_,�` .. a'. � r°�: ^t�i4; .,. 'i':M'}. .�."",4 ;.: r:!i=.'�'• .,. �::_'�::' k: .«' k.:.:rya. r"•m?....,,-,}.:ri- : t..: �: -•.: ; .., :-' :, . �..': .. � > +'��.. .:.r:c:.._ 'n: .. s.a': p•F:,<. e'- ,:.k:'•., . n 0 m w 0) 03 D• M• �C1 L m J ---(i 0.,,,- (D rn. rD r> rD in in rD X 2 CD r+ r+ r+ ti C1J `) -s (n -s rl- 7J -n "-r! 0- Cl rD rD a) '3 5) F W = E 5 (D r+ 'D rD w tv x- rD -.,• : ' C rC i -U r-r :CD -,. 70 iL (n cn -.• LI rD (D n ro -5 -5 (D -5 G C (0 (D rD A CD U( UOW�tDLr) J01 wCr, A (Si ITY. '' RIA .COUNTY, TEXAS k ,y VERNON - AND ASSOCIATES, INC. . _ ... , ....: 'a. 3' .. f�.`.a'HF=..Sa:(.i :.i�,j�nr':: , :;:'r .. 7Y.';[•s r,:['. ,.:( ...a,z .: _. . ... ..:. _.. -:: . � - c� Cr, PLANNING CONSULTANTS HOUSTON, TEXAS �xt ..k.: _. e . 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A-243 p�Q�dQ�I � 6"/ TELEPHONE (713) 485-2411 TOM REID July 6, 1982 POST OFFICE BOX 1157 MAYOR PEARLAND, TEXAS 77581 Board of Directors Brazoria County Municipal Utility Districts No. 4 & No, 5 Brazoria County, Texas Dear Members of the Boards: On June 9, 1980, the City of Pearland adopted Resolution No. R80-13 (the "Resolution") consenting to the creation of Brazoria County Municipal Utility Districts No. 4 and No. 5 (the "Districts") on certain terms and conditions with respect to development within, issuance of bonds by and other matters pertaining to the Districts. It is my understanding that the Districts have tentatively scheduled bond sales on July 13 (for No. 4) and July 27 (for No. 5) . In anticipation of such sales, you have requested the letter required by paragraph "G" of Exhibit "C" to the Resolution. To the best of my knowledge and belief, both Brazoria County Municipal Utility District No. 4 and Brazoria County Municipal Utility District No. 5 are, as of the date hereof, in compliance with the Resolution. Y urs very truly, Tom Reid, Mayor City of Pearland TR:dlc 6"/ SANLAAD TELEPHONE (713) 485-2411 TOM REID July 6, 1982 POST OFFICE BOX 1157 MAYOR • PEARLAND, TEXAS 77581 ever _,- -T:Le,.3 -17 The Honorable W ' " T Assistant Attorney General State of Texas Austin, Texas ge; $4,215,000 Brazoria County Municipal Utility District No. 4, of Brazoria County, Texas, Waterworks and Sewer System Unlimited Tax Bonds, Series 1982 Dear Mac, Lewis The City of Pearland hereby approves the form of a proposed resolution by Brazoria County Municipal Utility District No: 4, of Brazoria County, Texas (the "District") , authorizing the issuance of the referenced bonds, The City has previously given a letter to the Board of Directors of the District indicating that the District is in compliance with the City's resolution consenting to the creation of the District. Yours very truly Tom Reid, Mayor City of Pearland TR:dlc VINSON & ELKINS ATTORNEYS AT LAW FIRST CITY TOWER HOUSTON, TEXAS 77002 TELEPHONE 713 651-2222 TWX 9108816391 TELEX 762 146 1101 CONNECTICUT AVE.N.W.,SUITE 900 47 CHARLES ST.,BERKELEY SQUARE AUSTIN NATIONAL BANK TOWER WASHINGTON, D C.20036 LONDON WIX 7PB, ENGLAND AUSTIN, TEXAS 78701 TELEPHONE 202 862-6500 TELEPHONE 44 01 491-7236 TELEPHONE 512 478-2500 CABLE VINELKINS TELEX 89680 CABLE VINELKINS LONDON W.I.TELEX 24140 June 24, 1982 The Honorable Thomas Reid Mayor, City of Pearland P. 0. Box 1157 Pearland, Texas 77581 Re: Brazoria County Municipal Utility District No. 4 (the "District" ) Dear Mayor Reid: On behalf of the District and the neighboring Brazoria County Municipal Utility District No. 5 (No. 5) , we have heretofore sent you a request for a letter indicating that the District and No. 5 are both in compliance with the City of Pearland' s Resolution R80-13 consenting to their creation. Said Resolution R80-13 requires also that you submit a letter to the Attorney General of Texas approving the form of any resolution or order authorizing the issuance of bonds. Enclosed please find a proposed resolution to be adopted by the Board of Directors of the District authorizing the issuance of bonds in the amount of $4, 215, 000. We believe such resolution is in final form except for the identification of the purchaser or purchasers, the coupon rates, the sales price, the net effective interest rate and the length of the construction period for which interest will be capitalized. We hereby request that you review such resolution and submit your letter approving same to the Attorney General . Also enclosed for your use in this regard is a draft of such letter. The Honorable Thomas Reid Page Two June 24, 1982 Should you have any questions or comments, please do not hesitate to contact me. Very truly yours, VINSON & ELKINS By Bradley F. Bracewell 481: 37N Enclosure Co/ n[LAND TELEPHONE (713) 485-2411 POST OFFICE BOX 1157 TOM REID PEARLAND, TEXAS 77581 MAYOR • July 21 , 1982 The Honorable Robert T. Lewis Assistant Attorney General State of Texas Austin, Texas Re: $1 ,735,000 Brazoria County Municipal Utility District No. 5, of Brazoria County, Texas, Waterworks and Sewer System Unlimited Tax Bonds, Series 1982 Dear Mr. Lewis: The City of Pearland hereby approves the form of a proposed resolution by Brazoria County Municipal Utility District No. 5, of Brazoria County, Texas (the "District"), authorizing the issuance of the referenced bonds. The City has previously given a letter to the Board of Directors of • the District indicating that the District is in compliance with the City's resolution consenting to the creation of the District. Yours very trul , Tom Reid, Mayor City of Pearland TR:tjv