Ord. 1022 08-27-01ORDINANCE NO. 1022
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY
MUNICIPAL UTILITY DISTRICT NO. 6 OF TWO TRACTS OF LAND
TOTALING APPROXIMATELY 129.8479 ACRES; AND DECLARING AN
EMERGENCY BECAUSE THE NEED TO DETERMINE THE BOUNDARIES
OF MUNICIPAL UTILITY DISTRICTS IN THE CITY'S EXTRATERRITORIAL
JURISDICTION INURES TO THE BENEFIT OF THE PUBLIC AND,
THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND
WELFARE OF THE CITIZENRY.
WHEREAS, Brazoria County Municipal Utility District No. 6 (the "District") is located
within the corporate limits of the City of Pearland, Texas ("City"); and
WHEREAS, the City consented to the creation of the District by Resolution No. 86-7
dated February 10, 1986; and
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 such city grants its written consent,
by resolution or ordinance, to the inclusion of the land within the district; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. All of the matters and facts set forth in the preamble hereof are true
and correct.
Section 2. The "Petition for Consent to Include Additional Land in
Brazoria County Municipal Utility District No. 6" (the "Petition") relative to 109.860 acres of
land is attached hereto as Exhibit "A" and made a part hereof for all purposes.
Section 3. The "Petition for Consent to Include Additional Land in
Brazoria County Municipal Utility District No. 6" (the "Petition") relative to 19.9879 acres of
land is attached hereto as Exhibit "B" and made a part hereof for all purposes.
1
ORDINANCE NO. 1022
Section 4. The City Council of the City of Pearland, Texas, hereby specifically
gives its written consent to the annexation of the 129.8479 acres described in the Petitions
and the exhibits attached hereto, into the District conditioned upon the terms set forth in
Ordinance No. 884 and Chapter 30, Article IV, Water and Sewer Districts, of the City of
Pearland Code of Ordinances.
Section 5. Declaration of Emergency. The Council finds and determines that
the need to determine the boundaries of municipal utility districts in the City's extraterritorial
jurisdiction inures to the benefit of the public and, therefore, bears directly upon the health,
safety and welfare of the citizenry; and that this Ordinance shall be adopted as an
emergency measure, and that the rule requiring this Ordinance to be read on two (2)
separate occasions be, and the same is hereby waived.
Section 6. This Ordinance 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 on First and Only Reading this the 27 day of
August , A. D., 2001.
ATTEST:
2
TOM REID
MAYOR
ORDINANCE NO. 1022
APPROVED AS TO FORM:
CUa 1-C.
DARRIN M. COKER
CITY ATTORNEY
3
PETITION FOR CONSENT TO INCLUDE ADDITIONAL LAND IN
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 6
THE STATE OF TEXAS
COUNTY OF BRAZORIA
§
TO THE HONORABLE MAYOR AND CITY COUNCIL
OF THE CITY OF PEARLAND:
The undersigned, being the holder of title to the land
hereinafter described ("Landowner"), and BRAZORIA COUNTY MUNICIPAL
UTILITY DISTRICT NO. 6 ("District") (Landowner and District
hereinafter called "Petitioner"), acting pursuant to the provisions
of Section 54.016, Texas Water Code, respectfully petition for
consent to include additional land in a municipal utility district.
In support of this petition, Petitioner shows as follows:
I.
The City of Pearland, Texas (the "City") consented to the
creation of the District on February 10, 1986 (Resolution No. 86-
7). At that time petitioners for the creation of the District and
the City believed that all the land to be included within the
District was exclusively within the extraterritorial jurisdiction
of the City. It has since been determined that by virtue of City
of Pearland Ordinance No. 31 adopted on June 30, 1960, the City of
Pearland annexed a 100-foot wide strip of land and that 6.05 acres
of the land within the District is in fact within said 100-foot
strip and therefore within the corporate limits of the City of
Pearland, Texas.
II.
The subject land is 109.860 acres (the "Land"), said Land
being described by metes and bounds in Exhibit "A" attached hereto
and incorporated herein for all purposes, and lies wholly within
Brazoria County, Texas, and wholly within the extraterritorial
jurisdiction of the City of Manvel, Texas ("Manvel").
it is the District's intent, in accordance with State law, to
obtain the consent of Manvel and to annex the Land into the
District; however, since a majority of the land within the District
lies within the extraterritorial jurisdiction of the City and to
alleviate any confusion as to which jurisdiction may be required to
consent to said annexation, Petitioner respectfully petitions the
City to also grant its consent to the inclusion of the Land into
the District.
NOW THEREFORE, Petitioner respectfully prays that this
petition be granted in all respects and that the City give its
consent to the annexation of the Land into said District.
Dated this the =2 — day of
001.
WALTER P. Z _LEY, TRUSTEE
LANDOWNER
CENTENNIAL HOMES, INC., a Texas
Corporation
By:
bel M. Marshall
Vice President
CONTRACT PURCHASER
BRAZORIA COUNTY MUNICIPAL
UTILITY DISTRICT NO. 6
By:
Steven M. Gi more, President
Board of Di-ectors
DISTRICT
- 2 -
THE STATE OF TEXAS
COUNTY OF HARRIS
This instrument
of
was
a<..<o.. M.«...»......»».»...»q
PHYLLIS ASHCRAFT
t
Notary Public, State of Texas
Commission Expires: 06-14-2002 1
THE STATE OF TEXAS
COUNTY OF HARRIS
(��+his instrument
of IT O,rcfl
of CENTENNIAL HOMES,
corporation.
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THE STATE OF TEXAS
COUNTY OF HARRIS
of
was
INC
acknowledged before me on this eA)day
2001, by WALT R P. ZIVLEY, TRUSTEE.
`1(7otary Public in and for the
State of Texas
acknowledged before me on
2001, by Joel M. Marshall,
a Texas corporation, on
Notary Public
State of Texas
this w day
Vice President
behalf of said
in and for the
trument was acknowledged before me on this &&tt
— day
, 2001, by Steven M. Gilmore, President of
BRAZORIA COUNTY I9JNICIPAL UTILITY DISTRICT NO. 6, a political
subdivision of the State of Texas, on behalf of said political
subdivision.
(S
ntmmmommnmmmrMN
CONNIE FONTENOT
NoSATE of TEXAS
le Public
My Comm. Exp.: 09.80.2004
cf 0006Wnnex-109.860Ac/PeartandConsentPefitlon
42100,44.4,
Notary' Public in and for the
State of Texas
- 3 -
EXHIBIT "A"
Trendmaker A.C.H. & B. Survey
109.860 Acres Abstract No. 415
STATE OF TEXAS §
COUNTY OF BRAZORIA §
A METES AND BOUNDS description of a 109.860 acre (4,785,495 square feet, square
footage based on the mathematical closure of the courses and distances described
herein) tract of land located in the A.C.H. & B. Survey, Abstract No. 415 in Brazoria
County, Texas and being all of Lot No's. 2,6,9-11,13-15 and a portion of Lot No's 3,7,12,
and 16 of Allison Richey Gulf Coast Home Company Subdivision as recorded in Volume
2, Page 92 of the Brazoria County Plat Records; said 109.860 acre tract being more
particularly described as follows with all bearings being based on North 86°44'33" East
along the south line of a called 159.940 acre tract conveyed to Thomas E. Phalen, et al,
as recorded in Clerk's File No. 98-027536 in the Brazoria County Official Public Records
of Real Property:
COMMENCING at a found 5/8-inch iron rod (with cap stamped "Cotton Surveying") in the
centerline of County Road 94 (40.00 feet wide) and a 40.00 foot wide dedicated road,
both recorded in Volume 2, Page 92, Brazoria County Plat Records, from which a found
1/2-iron rod bears South 22°57' West, 1.70 feet;
THENCE, South 03°12'37" East, 660.00 feet along the centerline of said County Road 94
to a found 5/8-inch iron rod (with cap stamped "Cotton Surveying"), marking POINT OF
BEGINNING of the herein described tract, being the southwest corner of Lot 1, Section
87 of said Allison -Richey Gulf Coast Home Company Subdivision;
THENCE, North 86°44'33" East, 1319.26 feet along the south line of Lots 1 and 5 of said
Allison -Richey Gulf Coast Home Company Subdivision to a found 5/8-inch iron rod (with
cap stamped "Cotton Surveying") from which a found 1/2-inch iron rod bears South
03°13' East, 0.40 feet;
THENCE, North
stamped "Cotton
East, 0.60 feet;
THENCE, North
stamped "Cotton
East, 14.62 feet;
03°13'14" West, 660.00 feet to a found 5/8-inch iron rod (with cap
Surveying") from which a found 1/2-inch iron rod bears South 03°13'
86°44'33" East, 1307.65 feet to a set 5/8-inch iron rod (with cap
Surveying") from which a found 5/8-inch iron rod bears North 86°44'33"
THENCE, South 03°00'30" East, passing at distance of 667.96 feet a found 3/8-inch iron
rod and continuing for a total distance of 1027.84 feet to a found 1/2-inch iron rod in the
south right-of-way of Southwestern Drive (60-foot wide);
THENCE, South 03°10'16" East, 298.03 feet to a found 5/8-inch iron rod (with cap
stamped "Cotton Surveying") marking the southwest corner of a called 2.00 acre tract
conveyed to Patrick J. Shimek, et ux by General Warranty Deed as recorded in Volume
86254, Page 971 of the Brazoria County Deed Records;
THENCE, South 03°01'24" East, passing at a distance of 1.89 feet a found 3/8-inch iron
rod and continuing for a total distance of 1233.74 feet to set 5/8-inch iron rod (with cap
stamped "Cotton Surveying") in the northeasterly line of a called 1.3 acre tract described
as an easement and right-of-way conveyed to Brazos Valley Irrigation Company as
recorded in Volume 1368, Page 1 of the Brazoria County Deed Records;
Trendmaker A.C.H. & B. Survey
109.860 Acres Abstract No. 415
THENCE, North 75°57'45" West, passing at a distance of 683.87 feet the most northerly
corner of said 1.3 acre tract and continuing for a total distance of 1323.00 feet to a set
5/8-inch iron rod (with cap stamped "Cotton Surveying");
THENCE, North 76°29'22" West, 494.36 feet to a set 5/8-inch iron rod (with cap
stamped "Cotton Surveying");
THENCE, North 76°36'54" West, 644.24 feet to a set 5/8-inch iron rod (with cap
stamped "Cotton Surveying");
THENCE, North 76°58'33" West, 275.55 feet to a set 5/8-inch iron rod (with cap
stamped "Cotton Surveying) from which a found 5/8-inch iron rod bears South 30°57'
West, 4.13 feet;
THENCE, North 03°12'37" West, passing at aadistance of 441.56 feet, 2.16 left a found
3/8-inch iron rod, passing at a distance of 934.51 feet, 25.03 feet left a found 1-inch iron
rod, passing at a distance of 936.66 feet a found 60D Nail and continuing for a total
distance of 1101.88 feet to the POINT OF BEGINNING, CONTAINING 109.860 acres of
land in Brazoria County, Texas.
SURV\RLH\M&B\109860.doc
PETITION FOR CONSENT TO INCLUDE ADDITIONAL LAND IN
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 6
THE STATE OF TEXAS §
COUNTY OF BRAZORIA §
TO THE HONORABLE MAYOR AND CITY COUNCIL
OF THE CITY OF PEARLAND:
The undersigned, being the holder of title to the land
hereinafter described ("Landowner"), and BRAZORIA COUNTY MUNICIPAL
UTILITY DISTRICT NO. 6 ("District") (Landowner and District
hereinafter called "Petitioner"), acting pursuant to the provisions
of Section 54.016, Texas Water Code, respectfully petition for
consent to include additional land in a municipal utility district.
In support of this petition, Petitioner shows as follows:
I.
The City of Pearland, Texas (the "City") consented to the
creation of the District on February 10, 1986 (Resolution No. 86-
7). At that time petitioners for the creation of the District and
the City believed that all the land to be included within the
District was exclusively within the extraterritorial jurisdiction
of the City. It has since been determined that by virtue of City
of Pearland Ordinance No. 31 adopted on June 30, 1960, the City of
Pearland annexed a 100-foot wide strip of land and that 6.05 acres
of the land within the District is in fact within said 100-foot
strip and therefore within the corporate limits of the City of
Pearland, Texas.
II.
The subject land is 19.9879 acres (the "Land"), said Land
being described by metes and bounds in Exhibit "A" attached hereto
and incorporated herein for all purposes, and lies wholly within
Brazoria County, Texas, and wholly within the extraterritorial
jurisdiction of the City of Manvel, Texas ("Manvel").
It is the District's intent, in accordance with State law, to
obtain the consent of Manvel and to annex the Land into the
District; however, since a majority of the land within the District
lies within the extraterritorial jurisdiction of the City and to
alleviate any confusion as to which jurisdiction may be required to
consent to said annexation, Petitioner respectfully petitions the
City to also grant its consent to the inclusion of the Land into
the District.
NOW THEREFORE, Petitioner respectfully prays that this
petition be granted in all respects and that the City give its
consent to the annexation of the Land into said District.
Dated this the A41_ day of f 1ru6rC , 2001.
CENTENNIAL HOMES, INC.,
Corporation
D �D
By:
del M. Marshall
Vice President
"LANDOWNER"
THE STATE OF TEXAS
COUNTY OF HARRIS
a Texas
This instrument was acknowledged befor me on tjhipi 1� day
of ,,This
, 2001, by'. °i `'}�, c .Lttl cc -President
of CENTENNIAL HOMES, INC., a Texas corporation, on behalf of said
corporation.
(S
1
ibiatalltaistaaostimaltalbea
SHARI1ULUS
F Nolan/ Public
of Texas
MYCammiubn Evies
Feb ay 27, z r5egreoMmemeremememelemems
Ocuitiu Lad)
Notary Public in and for the
State of Texas
- 2 -
THE STATE OF TEXAS
COUNTY OF HARRIS
of
i strument
i CLtsi.
BRAZOR A COUNTY
subdivision of the
subdivision.
(S
BRAZORIA COUNTY MUNICIPAL UTILITY
DISTRICT NO. 6
By:
STEVEN M. GILMORE
"DISTRICT"
§
§
§
was acknowledged before me on this %V day
, 2001, by STEVEN M. GILMORE, President of
ICIPAL UTILITY DISTRICT NO. 6, a political
State of Texas, on behalf of said political
Lam..•'
CONNIE FONTENOT
STPublic
ATEo(TTEXa S
My Comm. Fxp,: 09.30-2004
cf0006 Annex-19.9879Ac/PearlandConsentPetition
Notary Public in and for the
State of Texas
- 3 -
EXHIBIT "A"
Trendmaker Development Co. A.C,H. & B. RR Survey
19.9879 Acre Absttract No. 415
STATE OF TEXAS §
COUNTY OF BRAZORIA §
A METES AND BOUNDS description of a 19.9879 acre (870,6171 square feet; square
footage based on the mathematical closure of the courses and distances described
herein) tract of land located in the A.C.H. & B. RR Survey, Abstract No. 415 in Brazoria
County, Texas and being all of Lot Number's' 1 and 5 of Allison Richey Gulf Coast Hqme
Company Subdivision as recorded in Volume 2, Page 92 of the Brazoria County Deed
Records; said 19.9879 acre tract being mote particularly described as follows with all
bearings being based on South 86°44'33" West along the south line of a called 159.940
acre tract conveyed to Thomas E. Phalen, et al, as recorded in Clerk's File No. 98-
027536 in the Brazoria County Official Public:Records of Real Property:
BEGINNING at a set 5/8-inch iron rod (with cap stamped "Cotton Surveying") in the
centerline of County Road 94 (40.00 feet wide) and a 40.00 foot wide dedicated road,
both recorded in Volume 2, Page 92, Brazoria. County Plat Records), from which a found
1/2-iron rod bears South 22°57' West, 1.70 feet;
THENCE, North 86°44'33" East, 1319.14 feet along the centerline of said 40.00 foot wide
dedicated road to a set 5/8-inch iron rod (With cap stamped "Cotton Surveying) in the
centerline of a 40.00 foot wide dedicated road headed south as recorded in Volume 2,
Page 92 of the Brazoria County Plat Records, from which a found 1/2-inch iron rod bears
South 03013' East 0 60 feet;
THENCE, South 03°13'14" East, 660.00 feet along the centerline of said 40.00 foot wide
dedicated road to a set 5/8-inch iron rod (With cap stamped "Cotton Surveying), from
which a found 1/2-inch iron rod bears South 03°13' East, 0.40 feet;
THENCE, South 86°44'33" West, 1319.26 feet to a set 5/8-inch iron rod (with cap
stamped "Cotton Surveying) in the centerline of aforementioned County Road 94, from
which a found 1/2-inch iron rod bears South, 25°16' West, 1.73 feet and found 60D nail
bears South 03012'37" West, 165.23 feet;
THENCE, North 03°12'37" West, along the centerline of said County Road 94, passing at
a distance of 329.79 feet a found 60D nail, diontinuing for a total distance of 660.00 feet
to the POINT OF BEGINNING, CONTAINING 19.9879 acres of land in Brazoria County,
Texas.
September 28, 2000
SURV1RLH1M601199879. oc
CITY OF
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CITY OF
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BANGER ROAD
CITY OF MANVEL
VICINITY MAP
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