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Ord. 1472 2012-12-10 ORDINANCE NO. 1472 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28 OF APPROXIMATELY 91.2096 ACRES OF LAND. WHEREAS, Brazoria County Municipal Utility District No. 28 ("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 Ordinance No. 1055 dated March 11, 2002; 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 ORDAINED 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 Petitions for Consent to Annex Land Into Brazoria County Municipal Utility District No. 28 (the "Petitions") are attached hereto as Exhibit "A" and made a part hereof for all purposes. Section 3. The City Council of the City of Pearland, Texas, hereby specifically gives its written consent to the annexation of the approximate 91.2096 acres described in the Petitions and the exhibits attached thereto, into the District conditioned upon the terms set forth in Ordinance No. 1055. Section 4. 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 ordained. ORDINANCE NO. PASSED and APPROVED on FIRST READING this the 26th day of November, A. D., 2012. _ — __O-,1 "-‘e TOM REID MAYOR ATTEST: %thMC ,,,�Q,,AR1.,gtiQ,',MC ITY CRETARY 13',,. A PASSED and APPROVED ON SECOND AND FINAL READING this the 10th day of December, A. D., 2012. (____ _Mytc/ TOM REID MAYOR ATTEST: / • r.•�QFARL,gNO,,. Ye)NG �� N , ,/ Mi la,. /\ S'�'ETARY APPROVED AS TO FORM: m, — C454--• DARRIN M. COKER CITY ATTORNEY 2 EXHIBIT i PETITION FOR CONSENT TO ANNEX LAND INTO BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 2 THE STATE OF TEXAS § COUNTY OF BRAZORIA § TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: The undersigned, Brazoria County Municipal Utility District No. 28 (the "District"), and S. E. CEMETERIES OF TEXAS, INC., a Texas corporation (formerly known as RESTLAND OF DALLAS, INC., a Texas corporation) (the "Petitioner") acting pursuant to the provisions of Chapters 49, Texas Water Code, particularly Section 49.301 of that Code, together with all amendments and additions thereto, respectfully petition the City Council of the City of Pearland, Texas (the "City"), for its written consent to the annexation by the District of the 81.5723 acres of land described by metes and bounds in Exhibit A (the "Land"), which is attached hereto and incorporated herein for all purposes. In support of this petition, the undersigned would show the following: I. The District is a municipal utility district duly created under the laws of the State of Texas on February 27, 2003. The District was created and organized under the terms and provisions of Article XVI, Section 59, of the Constitution of Texas, and is governed by the provisions of Chapters 49 and 54, Texas Water Code. II. The Petitioner holds fee simple title to the Land, as indicated by the certificate of ownership provided by the Brazoria County Appraisal District. The Petitioner represents that there are no lienholders on the Land. III. The Land is situated wholly within Brazoria County, Texas. All of the Land is within the corporate limits of the City. All of the Land may properly be annexed into the District. 408666 IV. The general nature of the work to be done within the Land is the construction, acquisition, maintenance and operation of a waterworks and sanitary sewer system, and a drainage and storm sewer system. V. There is, for the following reasons, a necessity for the above-described work. The Land, which will be developed for commercial and/or residential purposes, is urban in nature, is within the growing environs of the City, is in close proximity to populous and developed sections of Brazoria County, and within the immediate future will experience a substantial and sustained residential and commercial growth. There is not now available within the Land an adequate waterworks and sanitary sewer system nor an adequate drainage system, and it is not presently economically feasible for the Land to provide for such systems itself. Because the health and welfare of the present and future inhabitants of the Land and of lands adjacent thereto require the construction, acquisition, maintenance and operation of an adequate waterworks and sanitary sewer system and a drainage and storm sewer system, a public necessity exists for the annexation of the Land into the District, to provide for the purchase, construction, extension, improvement, maintenance and operation of such waterworks and sanitary sewer system and such drainage and storm sewer system, so as to promote the purity and sanitary condition of the State's waters and the public health and welfare of the community. VI. The undersigned estimate, from such information as they have at this time, that the cost of extending the District's facilities to serve the Land is $5,825,000. VII. The Petitioner and the District agree and hereby covenant that if the requested consent to the annexation of the Land to the District is given, the Petitioner and the District will adopt and abide by the conditions set forth in Exhibit B, attached hereto and incorporated herein for all purposes. WHEREFORE, the undersigned respectfully pray that this petition be heard and granted in all respects and that the City give its written consent to the annexation of the Land into the District. [EXECUTION PAGES FOLLOW] 408666 -2- RESPECTFULLY SUBMITTED on " ' -' " 2012. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28 By: 4/. . J.f L. Gordon Vice President, Board of Directors ATTEST: 00•31,►a►f EM' (S By: '�-- . Stefania Ricks ``z'`•. Secretary, Board of Directors , '' THE STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me on 2,4416p`' " , 2012, by John L. Gordon, Vice President, and Stefania Ricks, Secretary, of the Board of Directors of BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28, a political subdivision of the State of Texas, on behalf of said political subdivision. Notary Public, State of Texas (NOTARY SEAL) SHARON GOVAN MY COMMISSION EXPIRES ,g; s* March 29,2016 408666 —3— S. E. CEMETERIES OF TEXAS, INC., a Texas corporation (formerly known as Restland of Dallas, Inc., a Texas corporation) By: dip, .�a,� Name:Vb1,-Ohti d VI/ Title:Pv-eQe.,ctit--- THE STATE OF TEXAS § § COUNTY OF 16s\--,.-kii § 1 -) is instr nt was ac nowledged before me on, w },' R 2012 by, 1° ,1 U IUCtrt ' , e )(6,c' of S. E. CEMETERIES OF TEXAS, INC., a Texas corpora on Wormerly known as Restland of Dallas, Inc., a Texas corporation), on behalf of said corporation. ary ublic, State of Texas (NOTARY SEAL) 3 pg""we'amulmna'07.1,10. 8.VARIER MY COMMISSION EXPIRES February 28,2015 Attachments: Exhibit A: Legal Description of the Land Exhibit B: Conditions of City 408666 -4- BEAZER HOMES TEXAS, LP, a Delaware limited partnership ("Beazer"), as assignee of the earnest money contract between Petitioner and Gromax Development LLC to purchase the Land, desires to be considered a petitioner with Petitioner for consent to annex the Land into the District. IN WITNESS WHEREOF, Beazer has executed this Petition as of the date and year set forth herein. BEAZER HOMES TEXAS, L.P., a Delaware limited partnership By: Beazer Homes Texas Holdings, Inc., a Delaware corporation, its general partner By: -- Name: AeU. Qndee_sinn Title: Vtu? <<stamvr\- STATE OF TEXAS § COUNTY OF GkW I Th's instrument wa a wle ed before me this day of 2012, by A,i\ %r J O(,IV A C ,d t 1 A-ir-0 of Beazer Homes Texas Holdings, Inc., a Delaware corporation, general partner of BEAZER HOMES TEXAS, L.P., a Delaware limited partnership, on behalf of said corporation and said limited partnership. I ,_._.._/_ • AI Notary Public, State of Texas (NOTARY SEAL) 4.Z7. JULIE SUE GLASS ?�r'rl_.'�z Notary Public, State of Texas " My Commission Expires „,,,,,; May 13, 2015 EXHIBIT A November 9, 2012 Job No. 1711-0011-220 DESCRIPTION OF 81.5723 ACRES REVISED BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28 BOUNDARY TRACT 12, PART 1 AND PART 2 Being 81.5723 acres of land located in the H.T. & B. R.R. Co. Survey, Abstract 233 and the R.B. Lyle Survey, Abstract 542, Brazoria County, Texas, more particularly being a portion of Lots 62, 63, 68, 69, 93 and 94 of the W. Zychlinski Subdivision of record in Volume 29 Page 43 of the Deed Records of Brazoria County Texas (B.C.D.R.), said 81.5723 acres being more particularly described in two (2) parts by metes and bounds as follows, all bearings referenced to Texas Coordinate System, South Central Zone, Nad 83, 2001 Adjustment; PART 1 BEGINNING at a 1/2-inch iron rod found at the southeast corner of Crosspoint Fellowship Church, a subdivision of record in Volume 22, Pages 53 and 54, of the Plat Records of Brazoria County, Texas, (B.C.P.R.), same being a point on the westerly right-of-way line of Old Alvin Road, 80 feet wide, and a point on the northerly line of aforementioned Lot 68; Thence, South 02° 38' 45" East, along the westerly right-of-way line of said Old Alvin Road, 1,179.33 feet to a 5/8-inch iron rod with plastic cap stamped "LJA ENG" set for corner, on the southeasterly line of aforementioned Lot 62 and a point on the common line of the H.T. & B. R.R. Co. Survey and the D.H.M. Hunter Survey, Abstract 76 from which a found 5/8-inch iron rod with cap stamped "Walsh Surveying Inc" bears South 29°16' 39"West, 8.31 feet, and a 5/8- inch iron rod, found on the westerly right-of-way line of Old Alvin Road bears South 02° 38' 45" East, 92.87 feet; Thence, departing the west right-of-way line of Old Alvin Road, 80 feet wide, South 41° 29' 43" West, along the westerly line of Lot 62 and said common survey line, 127.45 feet to a 5/8-inch iron rod with cap stamped "Walsh Surveying Inc" found for corner; Thence, departing said common survey line, with the south line of said Lot 62, South 87° 15' 05" West, 1,265.93 feet to a 1-inch iron rod found marking the southwest corner of said Lot Page 1 of 4 I:\Projdskl\SURVEY\1711\0011\M&B\BCMUD28 Revised Bndy Tr12_81_5723_Acres.doc 81.5723 acres November 9, 2012 Job No. 1711-0011-220 62 and the southeast corner of aforementioned Lot 63, and on the common line of aforementioned R.B. Lyle Survey and the H.T. & B.R.R. Co Survey; Thence, South 87° 22' 06" West, along the south line of said Lot 63, 487.86 feet to a 5/8- inch iron rod with plastic cap stamped "LJA ENG", set for corner, from which a found 1-inch iron rod bears South 87°22' 06" West, 841.80 feet Thence, departing the southerly line of said Lot 63, North 02° 42' 39"West, 1,005.07 feet to a 5/8-inch iron rod with plastic cap stamped "LJA ENG", set for corner; Thence, North 24° 15' 56" West, 254.90 feet to a 5/8-inch iron rod with plastic cap stamped "LJA ENG", set for corner; Thence, North 35° 44' 04" East, 35.05 feet to a 5/8-inch iron rod with plastic cap stamped "LJA ENG" set for corner on the north line of aforementioned Lot 69, from which a found 1/2-inch iron rod with cap stamped "RPLS 1895", bears South 87° 15' 06"West, 7.42 feet; Thence, North 87° 15' 06" East, along the north line of said Lot 69 passing at 559.71 feet a 3/4-inch iron rod found marking the northeast corner of said Lot 69, same point being the northwest corner of the aforementioned Lot 68 and continuing along the north line of said Lot 68 passing at 575.73 feet a 5/8-inch iron rod with cap stamped "C.L. Davis-RPLS 4464", continuing in all a distance of 1,915.85 feet to the POINT OF BEGINNING and containing 53.9762 acres of land; PART 2 Beginning at a 1/2-inch iron rod found marking the intersection of the north line of aforementioned Lot 94 and the east right-of-way line of Old Alvin Road, 80 feet wide, same point being the southwest corner of Twin Wood Subdivision, of record in Volume 17, Pages 295 and 296, B.C.P.R. and the southwest corner of Reserve "A", as shown on said Twin Wood Subdivision; Page 2 of 4 I:\Projdsk1\SURVEY\1711\0011\M&B\BCMUD28 Revised Bndy Tr12_81_5723_Acres.doc 81.5723 acres November 9, 2012 Job No. 1711-0011-220 Thence, North 87° 15' 06" East, with the common line of said Lot 94 ,Twin Wood Subdivision and Reserve "A", 285.85 feet to a 3/4-inch iron rod found for corner, same being the most southerly southeast corner of said Twin Wood Subdivision and the southeast corner of said Reserve "A"; Thence, North 02° 43' 24" West, departing the north line of said Lot 94, along the east line of said Twin Wood Subdivision and Reserve "A", 631.44 feet, to a 5/8-inch iron rod with plastic cap stamped "LJA ENG", set for corner, same being the northeast corner of Reserve "A" and an angle point on the southerly line of said Twin Wood Subdivision; Thence, North 87° 15' 06" East, along the south line of said Twin Wood Subdivision, 1023.62 feet, to a 5/8-inch iron rod with plastic cap stamped "LJA ENG", set for corner, same being the most easterly, southeast corner of said Twin Wood Subdivision, and a point on the west line of Twin Wood Section 2 Amending Plat of record in Volume 24, Page 26, B.C.P.R.; Thence, South 03° 34' 27" East, departing the south line of said Twin Wood Subdivision, and along said Twin Wood Section 2 Amending Plat, 376.15 feet, to a 3/4-inch iron rod found for corner, same being on the common line of aforementioned H.T. & B. R.R. Co. Survey and the D.H.M. Hunter Survey, and the southwest corner of said Twin Wood Section 2; Thence, with the southeasterly line of said Lot 93 and 94, and said common survey line, South 41° 29' 43" West, at 994.29 feet pass a found 1/2-inch iron rod and continue in all a distance of 1887.78 feet, to a point for corner from which a a found 1/2-inch iron rod bears North 26° 04' 42" East, 0.62 feet and a 5/8 inch iron rod with cap stamped "Wilson" found on the easterly right-of-way line of said Old Alvin Road bears South 02° 38' 45" East, 175.38 feet; Thence, leaving said southeasterly line and said common survey line, with said east right-of-way line, North 02° 38' 45" West, 1,097.04 feet to the POINT OF BEGINNING and containing 27.5961 acres of land; Page 3 of 4 I:\Projdsk1\SURVEY\1711\0011\M&B\BCMUD28 Revised Bndy Tr12_81_5723_Acres.doc 81.5723 acres November 9, 2012 Job No. 1711-0011-220 Said Part 1 and Part 2 containing a total of 81.5723 acres of land. This document was prepared under 22 TAC § 663.21, and does not reflect the results of an on-the-ground survey and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. -emu- LJA Engineering, Inc. t /s-,;t?..‘IterfriP•St:'/ KEITH W. @ t1NRQE 1. 4797 e: //- 9 - za/a Page 4 of 4 I:\Projdskl\SURVEY\1711\0011\M&B\BCMU028 Revised Bndy Tr12_81_5723_Acres.doc EXHIBIT B (a) The City of Pearland, Texas (the "City"), by execution of its City Manager, and the developer on behalf of the District have entered into and executed a utility agreement that specifies the terms and conditions for providing water and sewage treatment services to the District (the "Utility Agreement"). The District shall assume all the rights, obligations, and interests of the developers under the Utility Agreement, as set forth therein. (b) The District may issue bonds, including refunding bonds, for any purposes authorized by law, including but not limited to, purchasing, refinancing, designing and constructing, or otherwise acquiring waterworks systems, sanitary sewer systems, storm sewer systems, and drainage facilities, or parts of such systems or facilities, and to make any and all necessary purchases, constructions, improvements, extensions, additions, and repairs thereto, and to purchase or acquire all necessary land, right-of-way, easements, sites, equipment, buildings, plants, structures, and facilities therefor, and to operate and maintain same, and to sell water, sanitary sewer, and other services within or without the boundaries of the District. Such bonds must provide that the District reserves the right to redeem said bonds on any date subsequent to the fifteenth (15th) anniversary of the date of issuance (or any earlier date at the discretion of the District) without premium, and none of such bonds, other than refunding bonds, will be sold for less than 95% of par; provided that 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, will not exceed two percent (2%) above the highest average interest rate reported by the Daily Bond Buyer in its weekly "20 Bond Index" during the one-month period next preceding the date of the sale of such bonds. The resolution authorizing the issuance of the District's bonds will contain a provision that the pledge of any 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 annexes the District, takes over the assets of the District, and assumes all of the obligations of the District. (c) Before the commencement of any construction within the District, its directors, officers, or developers and landowners will submit to the City, or to its designated representative, all plans and specifications for the construction of water, sanitary sewer and drainage facilities to serve the District and obtain the approval of such plans and specifications therefrom. All water wells, water meters, flushing valves, valves, pipes, and appurtenances thereto, installed or used within the District, will conform to the specifications of the City. All water service lines and sewer service lines, lift stations, and appurtenances thereto, installed or used within the District will comply with the City's standard plans and specifications as amended from time to time. Prior to the construction of such facilities within or by the District, the District or its engineer will give written notice by registered or certified mail to the City, stating the date that 408666 such construction will be commenced. The construction of the District's water, sanitary sewer, and drainage facilities will be in accordance with the approved plans and specifications and with applicable standards and specifications of the City; and during the progress of the construction and installation of such facilities, the City may make periodic on-the-ground inspections. (d) Prior to the sale of any lot or parcel of land, the owner or the developer of the land included within the limits of the District will obtain the approval of the Planning and Zoning Commission of the City of a plat which will be duly recorded in the Official Records of Brazoria County or Harris County, Texas, as appropriate, and otherwise comply with the rules and regulations of the Engineering Department and the Department of Public Works of the City of Pearland. 408666 CERTIFICATE THE STATE OF TEXAS § COUNTY OF I, the undersigned Secretary of the Board of Directors of Brazoria County Municipal Utility District No. 28, do hereby certify that the attached and foregoing is a true and correct copy of the Petition For Consent To Annex Land Into Brazoria County Municipal Utility District No. 28 that was filed with the Board of Directors of the District on)7e76%14 '- / , 2012. WITNESS MY HAND AND SEAL OF SAID DISTRICT on ' oL- 2012. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28 By: , Secretary, Board of Directors (SEAL) sr. .r s mil, CS.y ....••, �n.f BEVY'' ". " 0,, fa '1/1/, Jf OtE17r41iY1' �� 408666 PETITION FOR CONSENT TO ANNEX LAND INTO BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28 THE STATE OF TEXAS § COUNTY OF BRAZORIA § TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF PEARLAND,TEXAS: The undersigned, BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28 (the "District"), BARBARA L. COVINGTON and COVINGTON ESTATES, LLC, a Texas limited liability company (collectively, the "Petitioner"), acting pursuant to the provisions of Chapters 49, Texas Water Code, particularly Section 49.301 of that Code, together with all amendments and additions thereto, respectfully petition the City Council of the City of Pearland, Texas (the "City"), for its written consent to the annexation by the District of the 9.6373 acre tract of land described by metes and bounds in Exhibit A (the "Land"),which is attached hereto and incorporated herein for all purposes. In support of this petition,the undersigned would show the following: I. The District is a municipal utility district duly created under the laws of the State of Texas on February 27, 2003. The District was created and organized under the terms and provisions of Article XVI, Section 59, of the Constitution of Texas, and is governed by the provisions of Chapters 49 and 54,Texas Water Code. II. Barbara L. Covington holds fee simple title to the Land, as indicated by the certificate of ownership provided by the Brazoria County Appraisal District and represents that there are no lienholders on the Land. III. The Land is situated wholly within Brazoria County, Texas. All of the Land is within the corporate limits of the City. All of the Land may properly be annexed into the District. IV. The general nature of the work to be done within the Land is the construction, acquisition, maintenance and operation of a waterworks and sanitary sewer system, and a drainage and storm sewer system. 408536 V. There is,for the following reasons, a necessity for the above-described work. The Land, which will be developed for commercial and/or residential purposes, is urban in nature, is within the growing environs of the City, is in close proximity to populous and developed sections of Brazoria County, and within the immediate future will experience a substantial and sustained residential and commercial growth. There is not now available within the Land an adequate waterworks and sanitary sewer system nor an adequate drainage system, and it is not presently economically feasible for the Land to provide for such systems itself. Because the health and welfare of the present and future inhabitants of the Land and of lands adjacent thereto require the construction, acquisition, maintenance and operation of an adequate waterworks and sanitary sewer system and a drainage and storm sewer system, a public necessity exists for the annexation of the Land into the District, to provide for the purchase, construction, extension, improvement, maintenance and operation of such waterworks and sanitary sewer system and such drainage and storm sewer system, so as to promote the purity and sanitary condition of the State's waters and the public health and welfare of the community. VI. The undersigned estimate, from such information as they have at this time, that the cost of extending the District's facilities to serve the Land is$600,000.00. VII. Covington Estates, LLC, a Texas limited liability company, has entered into an earnest money contract to purchase the Land and desires to be considered a Petitioner for addition of the Land to the District. VIII. The owner of the Land (at the time the Land is annexed into the District) and the District agree and hereby covenant that if the requested consent to the annexation of the Land to the District is given, and the Land is annexed into the District, such owner and the District will adopt and abide by the conditions set forth in Exhibit B, attached hereto and incorporated herein for all purposes. WHEREFORE, the undersigned respectfully pray that this petition be heard and granted in all respects and that the City give its written consent to the annexation of the Land into the District. [EXECUTION PAGES FOLLOW] 408536 -2- RESPECTFULLY SUBMITTED on 27,-e£e:/f . 'i" , 2012. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28 410.1°;1001. By. / -► er L. Gordon Vice President, Board of Directors ATTEST: tsPi '-',7, i f,.. _ / \ _:: By: Stefania Ricks =i" Secretary, Board of Directors .."-- 4 .-'.4t7 ,:-- '',,,,,7,-;',-.4141-p',;,s ,� ''' THE STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me on 77.tre c-�` - , 2012, by John L. Gordon, Vice President, and Stefania Ricks, Secretary, of the Board of Directors of BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28, a political subdivision of the State of Texas, on behalf of said political subdivision. _->,/:d-e-zx-- ' " .-- '‘z'd'--- Notary Public, State of Texas (NOTARY SEAL) �'P SHARON COVAN '`; '= MY COMMISSION EXPIRES afo^c +a Marc 29,2016 408536 -3- BARBARA OVIN'eh N THE STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on 2012, by BARBARA L. COVINGTON. NITA CHRISTIAN �'/ 2L1 - Mir Con �bn Expins Notary Pub ' ,State of Texas (NOTM •4 '4 May 2o.2013 408536 -4- COVINGTON ESTATES, LLC, a Texas limited liability company By: MAC-WEST, INC., a Texas corporation,its Manager By: - i '-- :,, /it Name: Renee L. McGuire Title: Vice President EARNEST MONEY CONTRACT HOLDER THE STATE OF TEXAS § § COUNTY OF /`Yrz-1-4._c § ,I This instrument was acknowledged before me on 9 ld',e<4-=>x z(rA'-i- `�/, 2012, by v-1 c,► e t:. s.' /ic 6--.., •'''' e_ , L-', r c is. (4,-,,,F-- of MAC-WEST, INC., a Texas corporation, Manager of COVINGTON ESTATES, LLC, a Texas limited liability company, on behalf of said limited liability company. .7/ Notary Public, State of Texas (NOTARY SEAL) vSHARON GOVAN MY COMMISSION EXPIRES i 4400 00 Ma,vh 29,2016 Attachments: Exhibit A: Legal Description of the Land Exhibit B: Conditions of City 408536 -5- EXHIBIT A November 09, 2012 Job No. 1711-0011 DESCRIPTION OF 9.6373 ACRES PROPOSED ANNEXATION TRACT 2 BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28 Being 9.6373 acres of land located in the F.B. Drake Survey (A.K.A) H.T. & B.R.R. Co Survey, Section 20, Abstract No. 506, Brazoria County, Texas, more particularly being a portion of Lot 20, Section 20 of the Allison Richey Gulf Coast Home Company Subdivision, a subdivision of record under Volume 2, Page 23 of the Brazoria County Map Records, said 9.6373 acre tract being more particularly described by metes and bounds as follows (with bearings referenced to said subdivision plat); BEGINNING at the intersection of the north line of aforementioned Lot 20 with the westerly right-of-way line of Hillhouse Road (County Road 542); Thence, SOUTH, along said westerly right-of-way line of said Hillhouse Road, a distance of 523.90 feet to a point for corner on the south line of said Lot 20 and the north line of Lot 21, Section 20 of said Allison Richey Gulf Coast Home Company Subdivision; Thence, WEST, with the common line of said Lot 21 and Lot 20, a distance of 801.30 feet, to a point for corner, the southeast corner of Southdown, Section 7, a subdivision of record under Volume 19, Page 739 and 740 of the Brazoria County Plat Records; Thence, NORTH along the easterly line of said Southdown Section 7 and the west line of said Lot 20, 523.90 feet to a point for corner, same being the northwest corner of said Lot 20; Thence, EAST along the north line of said Lot 20 and the south line of Lot 19, Section 20, of said Allison Richey Gulf Coast Home Company Subdivision, 801.30 feet to the POINT OF BEGINNING, and containing 9.6373 acres; Page 1 of 2 I:\Projdskl\SURVEY\1711\0011\M&B\BCMU028 Annex_Tract_Tr13_9_637_Acres.doc 9.6373 acres November 09, 2012 Job No. 1711-0011 This document was prepared under 22 TAC § 663.21, and does not reflect the results of an on-the-ground survey and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. � ; . . LJA Engineering, Inc. fi S fin. ..._ . a. cil. KEITH W. MO R. ... ),. .• ,,1! 9 4797 ,r,4t t r \ t ' 1g°� CY / `'` ri i • 1/- 9 - ZO/Z • Page 2 of 2 I:\Projdskl\SURVEY11 7 1 11001 11M&BIBCMUD28 Annex_Tract_Tr13_9_637 Acres.doc EXHIBIT B (a) The City of Pearland, Texas (the "City"), by execution of its City Manager, and the developer on behalf of the District have entered into and executed a utility agreement that specifies the terms and conditions for providing water and sewage treatment services to the District (the "Utility Agreement"). The District shall assume all the rights, obligations, and interests of the developers under the Utility Agreement, as set forth therein. (b) The District may issue bonds, including refunding bonds, for any purposes authorized by law, including but not limited to, purchasing, refinancing, designing and constructing, or otherwise acquiring waterworks systems, sanitary sewer systems, storm sewer systems, and drainage facilities, or parts of such systems or facilities, and to make any and all necessary purchases, constructions, improvements, extensions, additions, and repairs thereto, and to purchase or acquire all necessary land, right-of-way, easements, sites, equipment, buildings, plants, structures, and facilities therefor, and to operate and maintain same, and to sell water, sanitary sewer, and other services within or without the boundaries of the District. Such bonds must provide that the District reserves the right to redeem said bonds on any date subsequent to the fifteenth (15th) anniversary of the date of issuance (or any earlier date at the discretion of the District) without premium, and none of such bonds, other than refunding bonds, will be sold for less than 95% of par; provided that 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, will not exceed two percent (2%) above the highest average interest rate reported by the Daily Bond Buyer in its weekly "20 Bond Index" during the one-month period next preceding the date of the sale of such bonds. The resolution authorizing the issuance of the District's bonds will contain a provision that the pledge of any 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 annexes the District, takes over the assets of the District, and assumes all of the obligations of the District. (c) Before the commencement of any construction within the District, its directors, officers, or developers and landowners will submit to the City, or to its designated representative, all plans and specifications for the construction of water, sanitary sewer and drainage facilities to serve the District and obtain the approval of such plans and specifications therefrom. All water wells, water meters,flushing valves, valves, pipes, and appurtenances thereto, installed or used within the District, will conform to the specifications of the City. All water service lines and sewer service lines, lift stations, and appurtenances thereto, installed or used within the District will comply with the City's standard plans and specifications as amended from time to time. Prior to the construction of such facilities within or by the District, the District or its engineer will give written notice by registered or certified mail to the City, stating the date that 408536 such construction will be commenced. The construction of the District's water, sanitary sewer, and drainage facilities will be in accordance with the approved plans and specifications and with applicable standards and specifications of the City; and during the progress of the construction and installation of such facilities, the City may make periodic on-the-ground inspections. (d) Prior to the sale of any lot or parcel of land, the owner or the developer of the land included within the limits of the District will obtain the approval of the Planning and Zoning Commission of the City of a plat which will be duly recorded in the Official Records of Brazoria County or Harris County, Texas, as appropriate, and otherwise comply with the rules and regulations of the Engineering Department and the Department of Public Works of the City of Pearland. 408536 CERTIFICATE THE STATE OF TEXAS § COUNTY OF j44.€22.-- § I, the undersigned Secretary of the Board of Directors of Brazoria County Municipal Utility District No. 28, do hereby certify that the attached and foregoing is a true and correct copy of the Petition For Consent To Annex Land Into Brazoria County Municipal Utility District No. 28 that was filed with the Board of Directors of the District on i' -" , 2012. WITNESS MY HAND AND SEAL OF SAID DISTRICT orgezt cht--.21, 2012. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28 By ci Secretary, Board of Directors (SEAL) ' jdsrrerftsiteAto 408536