R94-44 07-18-94RESOLUTION NO. R94-44
A RESOLUTION OF THE CITY OF PEARLAND, TEXAS, GIVING THE
CITY'S CONSENT TO THE ANNEXATION OF LAND INTO BRAZORIA
COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 OUT OF BRAZORIA
COUNTY MUNICIPAL UTILITY DISTRICT NO. 3.
WHEREAS, Section 54.016, Texas Water Code, provides, in part,
that no land within the extraterritorial jurisdiction of a city
shall be annexed into a municipal utility district unless the city
grants its written consent, by resolution or ordinance, to the
inclusion of such land within the district; and
WHEREAS, the City Council has heretofore found and determined,
and hereby affirmatively finds and determines that there exists
within the extraterritorial jurisdiction of the City of Pearland,
Texas, an area wherein it is desired that one tract of land
containing 65.1640 acres be annexed into and become a part of
Brazoria County Municipal Utility District No. 1 out of Brazoria
County Municipal Utility District No. 3; and
WHEREAS, Brazoria County Municipal Utility District No. 1 has
been organized as a conservation and reclamation district (more
particularly a municipal utility district) by authority of Article
XVI, Section 59, Texas Constitution, in accordance with and having
all the powers provided in Chapter 54, Texas Water Code, as
amended; and
WHEREAS, said District now wishes to obtain the City's consent
to annex land into its boundaries:
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
1
PEARLAND, TEXAS:
1. That all of the matters and facts set out in the preamble
hereof are true and correct.
2. That the City Council of the City of Pearland, Texas,
hereby specifically gives its written consent as provided
in Section 54.016, Texas Water Code, to the annexation of
the land described by metes and bounds in Exhibit "A"
into Brazoria County Municipal Utility District No. 1 of
Brazoria County, Texas, a municipal utility district
organized byauthority of Article XVI, Section 59, Texas
Constitution, and in accordance with and having all the
powers provided in Chapter 54, Texas Water Code, as
amended.
3. That the annexed territory shall comply with the
presently valid and applicable terms and conditions of
the City's Consent Resolution approving the'creation of
Brazoria County Municipal Utility District No. 1 which
includes, inter alia, an agreement that the municipal
utility district and the owners or developers of lands
therein will comply with the City of Pearland Code of
Ordinances, Chapter 30, Article IV, Water and Sewer
Districts, Section 30-100 through Section 30-102.
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.
2
RESOLUTION NO. R94-44
PASSED, APPROVED, and
, A. D., 1994.
ADOPTED
this // day of
C. V. Coj~
ATTEST:
Pat JoneS~~ry,
TRMC
APPROVED AS TO FORM:
Barr~s~tZity Attorney
3
DESCRIPTION
Of 65.1640 acres of land being a portion of Southwyck, Section 8,
as recorded in Volume 18, Page 99 thru 102 of the Deed Records of
Brazoria County, Texas, and being located in the George C. Smith
Survey, Abstract No. 548, Section 22, Brazoria County, Texas,
said 65.1640 acres of land being more particularly described by
metes and bounds as follows: (All bearings being based upon the
Texas State Plane Coordinate System, South Central Zone)
COMMENCING at a 5/8 inch iron rod found for the southwest corner
of a Replat of Southwyck, Section 7 {called 61.8215 acres), as
recorded under Volume 17, Page 349 of the Plat Records of Brazo-
ria County, Texas, also being the southerly cutback corner,
having a radius of 25.00 feet at the southwest intersecting
corner of Southfork Drive (based on a 100.00 foot wide right-of-
way) and Morgan Road (based on a 70.00 foot wide right-of-way),
said point having a coordinate value of X=3,158,354.43,
Y=638,732.58; =
THENCE North 67'18'51" East a distance of 70.00 feet to a 5/8
inch iron rod found for the southerly cut-back corner of the
southeast intersection of said Southfork Drive and Morgan Road;
THENCE South 22'41'09" East along the easterly line of said
proposed Morgan Road, a distance of 170.00 feet to the beginning
of a curve to the right;
..THENCE in-a southeasterly direction along the ~asterly line of
said proposed Morgan Road with said curve to the right, having a
radius of 785.00 feet, a central angle of 13'08'23", an arc
length of 180.03 feet, a chord bearing of South 16'06'58" East
and a chord distance of ~79.63 feet to the PLACE OF BEGINNING of
the herein described tract;
THENCE in a southeasterly direction with a curve to the right,
having a radius of 785.00 feet, a central angle of 12'35'36", an
arc length of 172.54 feet, a chord bearing of South 03'14'58"
East and a chord distance of 172.19 feet to a point of reverse
curvature;
THENCE in a southeasterly direction with a curve to the left,
having a radius of 25.00 feet, a central angle of 83'47'30", an
arc length of 36.56 feet, a chord bearing of South 38'50'55" East
and a chord distance of 33.39 feet to a 5/8 inch iron rod found
for corner;
Page I of 3
DESCRIPTION CONTINUED
THENCE South 80'44'40" East a distance of 101.81 feet to a"5/8
inch iron rod found for the beginning of a curve to the right;
THENCE in a southeasterly direction with said curve to the right,
having a radius of 420.90 feet, a central angle of 18'11'46", an
arc length of 133.67 feet, a chord bearing of South 71'38'47"
East and a chord distance of 133.11 feet to 5/8 inch iron rod
found for a point of tangency;
THENCE South 62'32'54" East a distance of 36.42 feet to
inch iron rod found for corner;
a 5/8
THENCE North 27'27'06" East a distance of 135.00 feet to a
inch iron rod found for corner;
5/8
THENCE North 06'31'27" West a distance of 89.10 feet to
inch i~on rod found an angle point;
a 5/8
THENCE North 22'41'09" West a distance of 395.00 feet to a 5/8
inch iron rod found for a 5/8 inch iron.rod found 'for corner in
the most Southerly line of a called 31.4390 acre detention pond,'
as recorded under Volume 115, Page 516 of the Official Records of
Brazoria County, Texas;
THENCE North 67'18'51" East along the southerly line of
detention pond, a distance of 525.00 feet to a point for
-beginning of a curve to the right, from said point a 1/2
iron rod was found, 0.49 feet north and 0.84 feet east;
said
the -
inch
THENCE in an easterly direction with said cl, rve to the right,
having a radius of 1780.00 feet, a central angle of 20'00'00", an
arc length of 621.34 feet, a chord bearing of North 77'18'51"
East and a chord distance of 618.19 feet to a point of tangency;
THENCE North 87'18'53" East along the southerly line of said
detention pond, a distance of 7.35 feet to a point for corner;
THENCE South 02'41'15" East a distance of 192.45 feet to a 5/8.
inch iron rod found for corner;
THENCE North 87'18'51" East along the South line of said deten-
tion pond, a distance of 120.00 feet to a point for corner, from
said point a 5/8 inch iron rod was found, 0.07 feet south and
1.66 feet west;
Page 2 of 3
DESCRIPTION CONTINUED
THENCE South 02'41'15" East a distance of 2309.15 feet to a'. 5/8
inch iron rod set for corner in the northeast line of a 30 foot
Pan American Gas Company Easement, as recorded under Volume 1029,
Page 151 and Volume 1027, Page 313 of the Deed Records of Brazo-
ria County, Texas;
THENCE North 62'33'51" West along the Northeast line of
foot Pan American Gas Company Easement, a distance of
feet to a 5/8 inch iron rod found for corner;
said 30
2117.17
THENCE North 27'26'09" East a distance of 472.93 feet to a 5/8
inch iron rod found for the beginning of a curve to the left;
THENCE in a northerly direction with said curve to the left,
having a radius of 715.00 feet, a central angle of 36'58'55", an
arc length of 461.50 feet, a chord bearing of North 08'56'42"
East and a chord distance of 453'~53 feet to a 5/8 inch iron rod
found for corner;
THENCE North 80'27'14" East a distance of 70.00 feet to the PLACE
OF BEGINNING of the herein described tract and containing within
these calls 2,838,544 square feet or 65.1640 acres of land.
Registered Professional
WITNESS MY HAND AND SEAL THIS THE 2ND DAY OF FEBRUARY, 1994.
REVISED: 5/23/94
FOSTER - RAINWATER & ASSOCIATES SURVEYING
3425 Federal Street
Pasadena, Texas 77504
Phone No.: (713) 941-0070
Job'No.: 93124
WS5/93FILES/93124B
Page 3 of 3
PETITION FOR CONSENT TO ANNEX
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 sole owner of title of the land 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, as amended, respectfully
petition for the consent to annex land in a municipalutility
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:
The name of the District is Brazoria County
Municipal Utility District No. 1, (hereinafter called
"District").
The area of land to be annexed in the District is
approximately 65.1640 acres, more or less, and lies wholly
within Brazoria County, Texas. All of said area is within the
extraterritorial jurisdiction of the City of Pearland, Texas
and is not within the jurisdiction of any other city.
A: \5\ADD ! NGLA\PETTOC ! T, BC1 1
III. .
The land, described by metes and bounds sought to be
included within the area of the District is attached as
Exhibit "A", attached hereto and made a part hereof for all
purposes. The land in question was deannexed from Brazoria
County Municipal Utility District No. 3 and it is proposed
that the land now be annexed into Brazoria County Municipal
Utility District No. 1 in order to facilitate development of
said land.
IV.
District is organized for the purposes of and the
general nature of the work proposed to be done shall be the
purchase, construction, acquisition, repair, extension, and
improvement of land, easements, works, improvements,
facilities, plants, equipment, and appliances necessary to:
(1) provide a water supply for municipal uses, domestic
uses, and commercial purposes;
(2) collect, transport, process, dispose of, and control
all domestic, industrial, or communal wastes whether in fluid,
solid, or composite state; and
(3) gather, conduct, divert, and control local storm
water or other local harmful excesses of water in the District
and the payment of organization expenses, operational expenses
during construction, and interest during construction.
A: \5 \ADD ! NGLA\PETTOC [ T. BC 1 2
Petitioners would respectively show that all of the
area to be annexed is owned by Southwyck Eight, Ltd. The area
to be annexed was previously located within Brazoria County
Municipal Utility District No. 3 and is being annexed into
Brazoria County Municipal Utility District No. 1. The
annexation would facilitate the proposed development of the
alnd and would clearly
District.
strengthen the tax base of the
A public necessity exists for the annexation of said
lands into the District in order to provide proper access for
the development areas of the City and the District and to
allow for the effective installation of proper water, sewer,
and drainage facilities to serve the District.
Petitioners request consent for the annexation of
the aforesaid lands into the District under the same terms and
conditions as approved by the City of Pearland in its
Resolution Consenting to the Creation of the District.
It is now estimated by those filing this Petition,
from such information as they have at this time, that the
ultimate cost of development contemplated will be
proportionately the same as originally estimated and that this
annexation will not significantly alter the projected
development costs.
A: \5 \ADD I NGLA\PET TOC ! T. BC 1 3
WHEREFORE, Petitioners respect'fully pray that this
Petition be granted in all respects and that the City of
Pearland give its written consent ~o the annexation of the
aforesaid land in said District.
DATED at Brazoria County, Texas, this
June, 1994.
day of
SOUTHWYCK EIGHT, LTD.
BY:
Name://~
Title:
THE STATE OF TEXAS
COUNTY OF BRAZORIA
SOUTHWYCK EIGHT, LTD. kn0wn~to'~'me ~e the p~rson whose name
is subscribed to the foregoing instrument, and acknowledged to
me that he executed the same for the purposes and
consideration therein expressed, and in the capacity therein
stated.
~4~ SEAL OF OFFICE on this the
GIVEN UNDER MY HAND ANDi~_~'
day of ,
,
~: g Pr~n~ed Name:
Commission Expires:
A: \5 \ADD I NGLA\PETTOC ! T. BC 1 4
f
DISTRICT APPROVAL
Brazoria County Municipal Utility District No. 1
hereby evidences its approval and j oinder in said Petition and
agrees to comply with all valid City of Pearland requirements.
BRAZORIA COUNTY MUNICIPAL
UTILITY DISTRICT NO. 1
BY:Bill Cox, J~~esident
ATTEST:
THE STATE OF TEXAS
COUNTY OF BRAZORIA
'BEFORE ME, the undersigned authority, on this day
personally appeared BILL COX, JR. President and BRENDA
JENKINS, Deputy Secretary of BRAZORIA COUNTYMUNICIPAL UTILITY
DISTRICT NO. 1, known to me to be the persons whose names are
subscribed to the foregoing instrument, and acknowledged to me
that they executed the same for the purposes and consideration
therein expressed, and in the capacities therein stated.
__~h d a y o f
UNDER MY HAND ~Di~ OF OFFICE on this the
N
Printed Name:
Commission Expires:
A:\5\ADDZNGLA\PETTOCIT.BCl 5
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