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R80-05 1-28-80 RESOLUTION NO. R80-5 A RESOLUTION OF THE CITY OF PEARLAND, TEXAS, GIVING CONSENT TO THE CREATION OF MUNICIPAL UTILITY DISTRICTS WITHIN ITS EXTRATERRITORIAL JURISDICTION. ~C4EREAS, 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 in- cluded within a Municipal Utility District unless the City grants its written consent, by resolution or ordinance, to the inclusion of the land within a district; and WHEREAS, the City Council of the City of Pearland, Texas, hereby affirmatively finds and determines, that there exists within the extraterritorial jurisdiction of the incorporated city of Pearland, Brazoria County, Texas, areas wherein it is desired that Municipal Utility DistriCts be created; and %CHEREAS, 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 subdivisions shal be known as Brazoria County Municipal Utility District No. 1, Brazoria County Municipal Utility District No. 2, and Brazoria County Municipal Utility District No. 3, all 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 iof ' 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 three (3) 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. iThe Municipal Utility Districts shall be called Brazoria County Municipal Utility District No.1, Brazoria County Municipal Utility iDistrict No.2 and Brazoria County Municipal Utility District No.3, ithe , boundaries of such Districts being described by metes and bounds in Exhibit "A" attached hereto and made a part hereof for all purposes. 3. Except to the extent herein set forth, the consent herein igranted 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, ~r other obligations of the Districts, the Districts and the City shall enter into an allocation agreement which shall contain all ~f the provisions set forth in Section 54.016(f)(1),(2),(3) and i(4) of the Texas Water Code, and that this requirement shall be in ~ddition to requirements set forth in Ordinance 411 hereinabove ~rovided; and (c) That the Districts shall issue bonds, warrants or other tebt obligations as authorized by the Constitution and laws of ~he State of Texas, for the purpose of providing Police, Fire and ~mergency Medical Services to the residents of the Districts when .t is determined by the City and the Districts that such services tre needed for the health, safety and general welfare of the said ~esidents; and - 2 - (d) That the owner or deVeloper of the land within the areas of Municipal Utility District's Numbers 1,2 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 (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 ten (110) feet in depth. (3) That all developed lots abutting existing oh 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 28 day of January, 1980, at a ~egular meeting of the City Council duly called as required by law. CITY OF PEARL~, TEXAS TOM REID, Mayor City of Pearland, Texas ~ity Secret\, approved as to Content: ~)~AL H~,$ CONSOLIDATPD C~ANIES, INC. ,BA EDEN CORPORATION S. H. Yage~, Vice President BRAZORIA COUNTY MUD #1 ~3razoria County Texas 240.4579 Acres 240.4579 acres out of the H. T. & B. R. R. Co. Survey No. 17, A-242 and the George C. Smith Survey No. 18, A-547 Brazoria County Texas and being more particularly described as follows, all coordinates and bearings being referenced to the Texas State Coordinate System, South Central Zone: BEGINNING at a point having coordinates of X = 3161083.11 ft. and Y = 642878.79 ft. being the intersection of the centerline of County Road No. 91,60 ft. in width, and the centerline of County Road No. 89 also 60 ft. in width said point being on the West boundary line of said H. T. & B. R.R. Co. Survey; THENCE N 87° 19' 59" E along the centerline of said County Road No. 91 a distance of 2667.23 ft. to a point from which a 1" iron pipe at a wood fence post bears South 37.07 ft. THENCE S 02° 24' 59" E along a fence line being the centerline of the American Canal Co. 60 ft. drainage ditch R.O.W. a distance of 2619.58 ft. to a 1" G.I.P. having coordinates of X = 3163857.90 ft. and Y = 640385.65 ft. and being on the North line of said George C. Smith Survey; THENCE S 02° 34' 34" E along the centerline of a road easement 80 ft. in width a distance of 1318.87 ft. to a point in the centerline of the Brazos River Authority 120 ft. easement as recorded in Vol. 963 page 438 B.C.D.R.; THENCE S 87° 18' 51" W along the centerline of said 120 ft. easement a distance of 2645.19 ft. to a point on the centerline of said Road No. 89; THENCE N 02° 40' 01" W along the centerline of said Road No. 89 a distance of 3939.30 ft. to the point of beginning and containing 240.4579 acres more or less. B.J. Inc. 77052-08 08-28-79 KA EXHIBIT "A" razoria 'MUD No. 2 · Brazoria coUnty, Texas 665 Acres 665 Acres more or less out of the H. T. & B. R. R. Co. Survey, Abstract 309; the George C. Smith Survey, A-548; the John W. Maxey Survey, A-721 and H. T. & B. R. R. Co. Survey, Section 86, (R. B. Lyle) A-539, Brazoria County, Texas and being more particularly described as follows, all coordinates and bearings being re- ferenced to the Texas State Coordinate System, South Central Zone: Beginning at a point having coordinates of X=3161083.11 ft. and Y=642878.79 ft. being the intersection of the centerline of County Road No. 91 (60 ft. wide) and the centerline of County Road No. 89 (60 ft. wide) said point being on the East boundary of said H. T. & B. R. R. Co. Survey, A-309 said point being the N. W. corner of Brazoria County ~F3D NO. 1; Thence S 02°40'01'' E along the centerline of said CoUnty Road No. 89 a distance of 3,559.30 ft. to a point; Thence S 87°18'51'' W a distance of 6,307 ft. to a point on the West line of said John W. Maxey Survey, A-721 being on the centerline of County Road No. 90; Thence N 03002'46'' W along the centerline of said road a distance of 50 ft. to the intersection of the centerline of a CoUnty Road; Thence S 86025'06'' W along the centerline of said road a distance of 1,320 ft. to the S. W. corner of an 80 Acre tract being the East one-half of the S. E. 1/4 of the said H. T. & B. R. R. Co. Survey Section 86, A-539; Thence N 03012'50'' W a distance of 2,640 ft. to the N. W. corner of said 80 Acre tract; Thence N 86°43'18'' E a distance of 1,320 ft. to the N. E. corner of said 80 Acre tract being on the centerline of said County Road No. 90; Thence N 03o02'46'' W along the centerline of said road a distance of 2,780 ft. to a point on the centerline of County Road No. 92; Thence N 50028'43'' E along the centerline of said road a distance of 1,294 ft. to the N. W. corner of said H. T. & B. R. R. Co. Survey, A-309; Thence S 02°48'~12'' E along the West line of said H. T. & B. R. R. Co. Survey, A~309 a distance of 1,537.39 ft. to a point; Thence N 87021'50'' E a distance of 561.97 ft. to a 1" I. P. having coordinates of X=3156311.46 ft. and Y=643762.76 ft.; Thence S 03011'03'' E a distance of 1,106.35 ft to a point; Thence N 87016'30'' E along the centerline of County Road No. 91 a distance of 2,070.18 ft. to the N. W. Corner of a tract now or formerly in the name of Rose Marie Bagnoli; Thence N 87o21'04'' E along the centerline of said road a distance of 2,645.19 ft. to the point of beginning and containing 665 Acres more or less. Brazoria County MUD No. 3 Brazoria County, Texas 440 Acres f 440 Acres more or less out of the George C. Smith Survey, A-548 and the John W. Maxey Survey, A-721, Brazoria County, Texas and being more particularly described as follows; all coordinates and bearings being referenced to the Texas State Coordinate System, South Central Zone: - Beginning at a point having coordinates of X=3155202.68 ft. and Y=634683.22 ft. being the S. W. corner of said Maxie Survey, A-721 and at the intersection of the centerlines of County Roads No. 90 and 101; Thence N. 03°02'46" W along the centerline of said County Road No. 90 a distance of 4,358 ft. to a point located 50 ft. South of the intersection of the centerline of County Road No. 90 and the centerline of a road running Westerly; said point being the lower S. W. corner of Brazoria County MUD No. 2; Thence N 87°18'51" E along the lower South line of said MUD No. 2 a distance of 6,307 ft. to a point on the centerline of County Road No. 89 being. on the East line of said George C. Smith Survey, A-548; Thence S 02°40'01" E along the centerline of said road a distance of. 380 ft. to the S. W. corner of said MUD No. 1 being a point on the centerline of the Brazos River Authority 120 ft. easement as recorded in Vol. 963 Page 438, B.C.D.R.; Thence S 87°18'51" W along the centerline of said 120 ft. easement a distance of 1,322.29 ft. to the S. W. corner of a tract now or formerly in the name of Warren E. Butter; Thence S 02°32'54" E a distance of 2,650.66 ft. to a point; Thence S 87°28'44" W a distance of 2,195.48 ft. to a point; t. Thence S 02°32'35" E a distance of 1,327.63 ft. to a point on the centerline of County Road No. 101; Thence S 87°19'10" W along the centerline of said road a distance of 2,737.78 ft. to - the point of beginning and containing 440 Acres more or less. - 77052 9-6-79 KA EXHIBIT .,,A„ 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. 1. II. The area of the land to be included in the District contains 240.4579 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 within the area of the District is as follows: BRAZORIA COUNTY MUD #1 Brazoria County Texas 240.4579 Acres 240.4579 acres out of the H. T. & B. R. R. Co. Survey No. 17, A-242 and the George C. Smith Survey No. 18, A-547 Brazoria County Texas and being more particularly described as follows, all coordinates and bearings being referenced to the Texas State Coordinate System, South Central Zone: BEGINNING at a point having coordinates of X = 3161083.11 ft. and Y = 642878.79 ft. being the intersection of the centerline of County Road No. 91,60 ft. in width, and the centerline of County Road No. 89 also 60 ft. in width said point being on the West boundary line of said H. T. & B. R. R. Co. Survey; THENCE N 87© 19' 59" E along the centerline of said County Road No. 91 a distance of 2667.23 ft. to a point from which a 1" iron pipe at a wood fence post bears South 37.07 ft. THENCE S 02° 24' 59" E along a fence line being the centerline of the American Canal Co. 60 ft. drainage ditch R.O.W. a distance of 2619.58 ft. to a 1" G.I.P. having coordinates of X = 3163857.90 ft. and Y = 640385.65 ft. and being on the North line of said George C. Smith Survey; THENCE S 02° 34' 34" E along the centerline of a road easement 80 ft. in width a distance of 1318.87 ft. to a point in the centerline of the Brazos River Authority 120 ft. easement as recorded in Vol. 963 page 438 B.C.D.R.; THENCE S 87° 18' 51" W along the centerline of said 120 ft. easement a distance of 2645.19 ft. to a point on the centerline of said Road No. 89; THENCE N 02° 40' 01" W along the centerline of said Road No. 89 a distance of 3939.30 ft. to the point of beginning and containing 240.4579 acres more or less. B.J. Inc. 77052-08 08-28-79 KA H T. ~ B R · CO. v :64~ ,s~s. ~ sd JOHN ~';0 ~. J UNTY ROAD NO. 91 . _ : _ [~ ,, NST°Ig'59"E 1~,, 2667.25' I't I.P. FND~~ ~5/8 t.R.FND. , ~ ~ ~" ~ ;- 240 4 57 9 AC C,. ,4. N E L S O N S U R .V E Y ,~ A-- ~0 O~ RO.~. _ cONc. mON W/DOT ~" s. ~ iO ' · [ 10.57' W. Y=640 1 ~__1" [.R FND. X:311( ~ O E 0 C S IT (D · '~_ G R~ C. A. NELSON J~MES U. DUTY ~1' ~U~ ROAD EASEMENT ~ il ' 80,R, O.W. " ' I S U R V E Y ~1-- 5/8"1. R'. END. 60' ~ S87°18'5,1''w - j~ ~ 2645.19'__ ~ZOS RIV~, AUTHORITY = 4d 6o' ~ EASEMENT 120 R.O.W. 40'~ VOL.~65, PG. 4SB B. CD.R. . . ~ J A ALL/SON //~ ~00' ' ~ 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 construciton. 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, maintenance and operation of such waterworks and sanitary sewer system and such drainage facilities, so as to promote and protect the purity and sanitary condition of the State's waters and the public health and welfare of the community. 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 purposes authorized by Chapter 54, Texas Water Code, as amended. 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 writ- ten consent by resolution of the City Council to such addition or annexation. (b) Prior to construction, plans and specifications for water and sanitary sewer facilities shall have the approval of the Texas State Department of Health and no further or additional approval of the City of Pearland shall be required. (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 Commission Order No. 69-1219-1. (d) The owner or developer of the land within the District shall provide the City of Pearland with true and correct copy of all plats filed on the property. Prior approval of the City of Pearland is not required. 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 $4,000,000.00. 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 Harrts County, Texas, this~ day of ~e~' , 19~-~, and executed by the legal owner of the property, Eden Corporation. EDEN CORPORATION S. H. Yage~, P~esident THE STATE OF TEXAS § COUNTY OF HARRIS § BEFORE ME, the undersigned authority, on this day personally appeared ~.~_~ , --. /~/~z~ of Eden Corporation, kn~'wn/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 and for the act and deed of said corporation. f / GIVEN under my hand and seal of office this /~ day of 1979. - Notary Public in and for SF_.P ? 1979 ~TTT~O~ ~OR CORS~ TO TRC~U~R · 0 T~ BORORA~ ~A¥O~ ARD C~¥ COU~C~ 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 N0. 2. II. The area of the land to be included in the District contains 625 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. A small portion of the land is within the 100 foot strip annexation of the City. III. The land, described by metes and bounds sought to be included within the area of the District is as follows: IV. Brazoria County MUD No. 2 Brazoria County, Texas 625 Acres 625 Acres more or less out of the H. T. & B. R. R. Co. Survey, Abstract 309; the George C. Smith Survey, A-548; the John W. Maxey Survey, A-721 and H. T. & B. R. R. Co. Survey, Section 86, (R. B. Lyle) A-539, Brazoria County, Texas and being more particularly described as follows, all coordinates and bearings being referenced to the Texas State Coordinate System, South Central Zone: Beginning at a point having coordinates of X=3161083.11 ft. and Y=642878.79 ft. being the intersection of the centerline of County Road No. 91 (60 ft. wide) and the centerline of County Road No. 89 (60 ft. wide) said point being on the East boundary of said H. T. & B. R. R. Co. Survey, A-309 said point being the N. W. corner of Brazoria County MUD No. 1; Thence S 02°40'01'' E along the eenterline of said County Road No. 89 a distance of 3,559.30 ft. to a point; Thence S 87°18'51 W a distance of 6,307 ft. to a point on the West line of said John W. Maxey Survey, A-721 being on the centerline of County Road No. 90; Thence N 03o02'46'' W along the centerline of said road a distance of 50 ft. to the intersection of the centerline of a County Road; Thence S 86o25'06'' W along the eenterline of said road a distance of 1,320 ft. to the S. W. corner of an 80 Acre tract being the East one-half of the S. E. 1/4 of the said H. T. & B. R. R. Co. Survey Section 86, A-539; Thence N 03°12'50'' W a distance of 2,640 ft. to the N. W. corner of said 80 Acre tract; Thence N 86°43'18'' E a distance of 1,320 ft. to the N. E. corner of said 80 Acre tract being on the centerline of said County Road No. 90; Thence N 03o02'46'' W along the centerline of said road a distance of 3,590 ft. to a point on the centerline of County Road No. 92; Thence N 50°28'43'' E along the eenterline of said road a distance of 1,294 ft. to the N. W. corner of said H. T. & B. R. R. Co. Survey, A-309; Thence S 02°48'12'' E along the West line of said H. T. & B. R. R. Co. Survey, A-309 a distance of 1,537.39 ft. to a point; Thence N 87o21'50'' E a distance of 561.97 ft. to a 1" I.P. having coordinates of X=3156311.46 ft. and Y=643762.76 ft.; Thence S 03°11'03'' E a distance of 1,106.35 ft. to a point; Thence N 87o16'30'' E along the centerline of County Road No. 91 a distance of 2,070.18 ft. to the N. W. corner of a tract now or formerly in the name of Rose Marie Bagnoli; Thence N 87021'04'' E along the centerline of said road a distance of 2,645.19 ft. to the point of beginning and containing 625 Acres more or less. B.J. Ine. 77052 9-6-79 KA and sanitary condition of the State's waters and the public health and welfare of the community. 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 purposes authorized by Chapter 54, Texas Water Code, as amended. 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) Prior to construction, plans and specifications for water and sanitary sewer facilities shall have the approval of the Texas State Department of Health and no further or additional approval of the City of Pearland shall be required. (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 Commission Order No. 69-1219-1. (d) The owner or developer of the land within the District shall provide the City of Pearland with true and correct copy of all plats filed on the property. Prior approval of the City of Pearland is not required. 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 $6,000,000.00. 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 Harris County, Texas, this ~--~--~ day of ~m~ , 1979, and executed by the legal owner of the property, Eden Corporation. EDEN CORPORATION THE STATE OF TEXAS § COUNTY OF HARRIS § BEFOR~ .SE, the undersigned authority, on_this, day pe~rsonally a ppe a r e d~d~._ ./z_//~ , -~of Eden Corporation, ~ow~/' to me to be the pe~o~ and officer whose name is subscribed to the foregoiing instr~ent, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated, and as and for the act and deed of said corporation. ~ GI~ under my hand and seal of office this ~ day of , 1979. 'Notary Public in and for ~rris ~ty, T e x a s - PETITION FOR CONSENT TO INCLUDE ~? ~ !979 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. 3. II. The area of the land to be included in the District contains 4~0 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. A small portion of the land is within the 100 foot strip annexation of the City. III. The land, described by metes and bounds sought to be included within the area of the District is as follows: Brazoria County MUD No. 3 Brazoria County, Texas 440 Acres 440 Acres more or less out of the George C. Smith Survey, A-548 and the John W. M~xey Survey, A-721, Brazoria County, Texas and being more particularly described as follows; all coordinates and bearings being referenced to the Texas State Coordinate System, South Central Zone: Beginning at a point having coordinates of X=3155202.68 ft. and Y=634683.22 ft. being the S. W. corner of said Maxie Survey, A-721 and at the intersection of the centerlines of County Roads No. 90 and 101; Thence N 03°02'46'' W along the centerline of said County Road No. 90 a distance of 4,358 ft. to a point located 50 ft. South of the intersection of the centerline of said County Road No. 90 and the centerline of a road running Westerly; said point being the lower S. W. corner of Brazoria County MUD No. 2; Thence N 87°18'51'' E along the lower South line of said MUD No. 2 a distance of 6,307 ft. to a point on the centerline of County Road No. 89 being on the East line of said George C. Smith Survey, A-548; Thence S 02°40'01'' E along the centerline of said road a distance of 380 ft. to the S. W. corner of said MUD No. 1 being a point on the centerline of the Brazos River Authority 120 ft. easement as recorded in Vol. 963 Page 438, B.C.D.R.; Thence S 87°18'51'' W along the centerline of said 120 ft. easement a distance of 1,322.29 ft. to the S. W. corner of a tract now or formerly in the name of Warren E. Butter; Thence S 02o32'54'' E a distance of 2,650.66 ft. to a point; Thence S 87o28'44'' W a distance of 2,195.48 ft. to a point; Thence S 02°32'35'' E a distance of 1,327.63 ft. to a point on the centerline of County Road No. 101; Thence S 87°19'10'' W along the eenterline of said road a distance of 2,737.78 ft. to the point of beginning and containing 440 Acres more or less. B.J. Inc. 77052 9-6-79 KA 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 construciton. 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, maintenance and operation of such waterworks and sanitary sewer system and such drainage facilities, so as to promote and protect the purity and sanitary condition of the State's waters and the public health and welfare of the community. 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 purposes authorized by Chapter 54, Texas Water Code, as amended. 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) Prior to construction, plans and specifications for water and sanitary sewer facilities shall have the approval of the Texas State Department of Health and no further or additional approval of the City of Pearland shall be required. (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 Commission Order No. 69-1219-1. (d) The owner or developer of the land within the District shall provide the City of Pearland with true and correct copy of all plats filed on the property. Prior approval of the City of Pearland is not required. 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 $7,000,000.00. 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 Harris County, Texas, this ~ ~ day of ~~ , 1979, and executed by the legal owner of the property, Eden Corporation. EDEN CORPORATION S. H. YaWed, President THE STATE OF TEXAS § COUNTY OF HARRIS § BEFORE ME, the undersigned authority, on_ this day personally appeared J.~. ~,~ , ____~~z~ of Eden Corporation, k~ow~ to me to be the person and officer whose name is subscribed to the foregoting instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated, and as and for the act and deed of said corporation.  GIVEN under my hand and seal of office this ~ day of , 1979. ~ . ._ ~ Notary Public in and for - - Harris County, T e x a s X�Y fi. .a6 • w 4.w i41 v �I 1 NTZ, COUNCILMAN 'FA OPP LAGER :CO 9 1LWOMAN 3'ry,"Sri y, SCHOO1..-Sf E ,(NK GH,.SCHOO? gr: UNRESTRICTED � r , " • 'T.k•F sy z..yy. t Jot . ` L. elf F?ECREAT(0 `.RESERVE . - POND:EASEMENT • .1,E;VS �': ir+ 'a5iiwwau s` Si ,�.� -'" " •�, `.�'.%`•i.» •> ' s'' .r- .^�: tL' j" F•;• : '[ ' ; '•t� '�^r ru�i � rw�• r r_ • #' • s,_ .• • 115)' ,`• r�'rif V1� vr'ak • p,i�.erw, r �•. x;}tom n. ,- p�;- � � n• � q.w.:���':�..... �s+ * �a� �3, �i.. S'5t n PA , • 6..}. may- X� cs� s�•�kyrc Frsa k Y t4' "" tzt-�a..-+mow 1^c•vn, p�•w. �., �•v: k�x°^;,.'' 1#. ,R,=rLY�:.0 �L'L t•+.x:�.'0�;rt4..:� u.•.•�. ,'r.. • - • • . • :yam NET RESIDENTIAL DENSITY IS CALCULATED BY DIVIDING THE . NUMBER OF DWELLING UNITS (DU) _ ^ BY THE SUM OF THE ACREAGE IN LOTS; STREETS; RECREATION RESERVES-;-- - LANDSCAPE RESERVES; AND DRAINAGE AND OPEN SPACE EASEMENTS. MINIMUM BUILDING SETBACK LINES FOR SINGLE FAMILY DETACHED HOUSES: FRONT LOT 20 FEET SIDE (INTERIOR LOTS) 5 FEET SIDE (CORNER LOTS) PIPELINE EASEMENT FROM EDGE OF EASEMENT TO BUILDING LINE 10 FEET 65 FEET MINIMUM LOT SIZE FOR SINGLE FAMILY DETACHED HOUSES: 60 FEET BY 110 FEET = 6600 SQUARE FEET (DIMENSIONS MAY VARY AT CORNER & CUL-DE-SAC LOTS) COUNTY RO %fO 95 APPROVED THIS DAY OF TOM RE1D, MAYOR CHARLES R. MACK, COUNCILMAN CARLTON McCOMB, COUNCILMAN FRAN COPPINGER, COUNCILWOMAN MORRIS WILSON, COUNCILMAN RICHARD TETENS, CHAIRMAN Aro l• r+s41,.,ew?'ibs,i ,. wf _,:'a3 .-f ?.+. - !w?`. "`. w• r. ,,•'a, 'P,`s LJcI C.P. 9 36 AC, LsTVCTED RESERVE 65 Stet q F� T 4 398 79 ,i'i-:�3?s"�,;,, "w�'�:�;Fya ;'sr�+i^l�:x Y,ry,';c-=�`�'+:=T,6�.'.,'�.'v-�'ie✓:.=''`�:g i": .�y �� :�,�ir:t_ COiNu kitON F sD AT 1747 47r 320O' W ,, • � h�'c ski'Pe'•.T' "thiL , ,iJ"-.'r:d .L1 .. ^ . r�''�-~i'4C... -.a �,.H; .} � =r �f�3•N��r#'�45,:C-.` �i� • CC»CMC O ,5 11/4 `•"sr." „ S.ps,• i"� �'' --,',, "`h5-u#d'',Yii�. 4'.w" •`LL<' oS:-3' v`°,i,fr�aF ,,pb:c 'S: �t�.,^ai',:f; a t :`k��7vx _ �' y:i . �' x i "i� ..,��'":" .•rk '�-�3 �F' �w` ,-",_rir'f _'ai' '.a - •i•.�,. �, �"�', w !; �' �. +�,..�... c ANAGE E ," a GREENBELT RESERVE • C & 7 RO NO 9f i r 4IMII I 1111E11 .,-,y ,. - ro:�..-w=qy - ;ram•" , ,y ' , ' W'-:>,--0.'':!. ',c- iFg "-' rv.r4°k`1"ta_.4...w.,.,NrAr�.•ue' �f <a4..4; w4.. ='S=.i_s.� ;fig ;,r, a�ig:? ": w'- a4s.°.S _>.'b:'"e.„`- ,.- _ a, .. -, ;t_ - 12 IR 7;:t MB /7/ Eli iii '�. � ! �- .�-""1 4 � � � � pis s ! ����•7i':�=i�.�r�€�,-zbfr•'y�`} Yu.kw•:-.'�-�`"�r,��.q�nr.�`.'•, -+V+/'_Ya�-�+ .r•"r°�s x. a"`,.3�"-:+r^•. ..l- .."`J i- 4- o5 '-IdF:",�i_.k.. .c,}lsa. _,y.�_.-..�.'-v`.,�•s .w. �•SM' _ d?:'a trw.+'"r.x" `�5w 1 =�43y `s�{,.i.,.. SF'.raa� ..k �•A, P .� ..:. _ ."�:>:r , ;�`s,�. ,_ --3 �:s-:.k�4'.`. .. -, .,,.55 ,.. �_S%: ,sue +,.. er max_„ rrR"- .za .,..,'�'° �v"Y'i„'�e, '. >s . •-x'4+`,�%'m', . s.:_r .ex a �s,.::�ti ,$'- 1.: , .�- s"+. re-, a'i•�'.s DRAINAGE ESMT. & EEK RK UNRESTRICTED RESERVE 1 5; 43 4C rG h FNCI 7 3E N r. CC u N r r RO iC 10! .>"'`wfS'•;:�`"Y3::•: j-"gy,, F-;•,,',-tr,'a�,s"`3;2.r»`'`'..''-r--.'�i�:t,.+, .t •.r x+, a.r,.r - -rw 1•'ce»r r = :n' �,•. _.w. e°r �,,. .n ar, '3.":,�.i.i��-�'c„'.??';ti ;.c''" d"r,. 'f;yr•, rr,a+rwEv ,.y, 4,.'1:'eii?�"ti-',4:4"'�-%-��`• :ar,s'', �x z; `�'.,""',".. ':,,3.�§'y,�:a7ax; t;:,-..�..3 .':.<.'.".=r #'.,..R�3;': '#;, r' ,.�a'�,` .>�so`,u •� ..r ��, ,:.Smr ,bM ... r� adS. . "TLx ,» . , .> . a >ca,. .. , �.. z 't r -�'e, : r.� n .wr,k" c , :.. T �+ . ,., �-'i1•,.. ��.- - Y. , t-�. k.. ?,"•••.x..-. .. ,rSn..:•-h-''3` - -• .a-,. , -v -!". .�.. u'E4 '�..v`�. � t • --.,U N RES:P `t C_TFE RESERVE , SAC STD ! g AC 100' R.O.1*. DRAI4ACE I} 6B> C. 2 4903' .. k 'p.s _y?,F;'Y,J�' ;',^. iF a 'a>.„:ri a;'�a=".'4rh .`::"K"ir;=e':`'�'�•"•Y,�°tri.F�'_«•"1�..., � n ` ,,1+,.:'rS'�; yr ' .�'::rr•` , JANUARY 1980 REC. C ORM PIPELINE • ,•mow .r%'r,.,. ; ��rp�`.Ti��:'*t,:M,y7�-^:,'s''j• s'.�ar3.:.. e; �`�.. . • tz