Ord. 1478 2013-04-22ORDINANCE NO. 1478
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY
MUNICIPAL UTILITY DISTRICT NO. 28 OF 64.507 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 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 "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 64.507 acres described in the Petitions
and the exhibits attached hereto, 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 resolved.
ORDINANCE NO.1478
PASSED and APPROVED on FIRST READING this the 8111 day of April, A. D.,
2013.
ATTEST:
CUu-ez% 2f
MA IA E. RODRIGUEZ
DEPUTY CITY SECRETARY
TOM REID
MAYOR
PASSED and APPROVED ON SECOND AND FINAL READING this the 22nd day of April,
A. D., 2013.
ATTEST:
C
M RIA E. RODRIGUEZ
D PUTY CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
2
TOM REID
MAYOR
Ordinance No. 1478
Exhibit "A"
PETITION FOR CONSENT TO ANNEX LAND INTO
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28
EXHIBIT
THE STATE OF TEXAS §
§
COUNTY OF HARRIS §
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 the JOHN ALEXANDER FAMILY LIMITED PARTNERSHIP, a
Texas limited partnership (the "Petitioner"), acting pursuant to the provisions of
Chapter 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 20.279 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 Harris County Appraisal District. The Petitioner represents
that there are no lienholders on the Land.
The Land is situated wholly within Harris 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.
427609
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 Harris and Brazoria Counties, 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 approximately
$1,503,900.00
VII.
D.R.O. Development, 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.
427609
[EXECUTION PAGES FOLLOW]
-2-
RESPECTFULLY SUBMITTED on the day of � , 2013.
ATTEST:
By:
Name:
5le 71Q/, /`G_.-_ A
•
Title: 5-c"
THE STATE OF TEXAS
COUNTY OF
§
§
BRAZORIA COUNTY MUNICIPAL
UTILITY DISTRICT NO. 28
By:
9
Name: a rt (,4,0 4 w^
Title:
esic.
(SEAL) >°
rp<•
eso
_Q:
IIJI/ ys 1111$1 \\0%
////—
This instrument was acknowledged before me on the day of
2013 by4 (-e t ,'a r.!✓ as /'Ps % de t and
Sfc�v k A „hi , as 5 Pc,-P/-u� of the Board of Directors of BRAZORIA
COUNTY MUNICIPAL UTILITY DISTRIC?NO. 28, a political subdivision of the State
of Texas, on behalf of said political subdivision.
(NOTARY SE
427609
)5.,Z,
-3-
Notary Public, State of Texas
THE STATE OF TEXAS
COUNTY OF
§
JOHN ALEXANDER FAMILY LIMITED
PARTNERSHIP, a Texas limited partnership
B :
y Bill Alexander
Managing General Partner
This instrument was acknowledged before me on 9 Lz 2013 by
Johnny Bill Alexander, Managing General Partner of the JOHN ALEXANDER FAMILY
LIMITED PARTNERSHIP, a Texas limited partnership, on behalf of said limited
partnership.
(NOTARY SEAL)
.41: ;.,, LINDA H. HAYNES
MY COMMISSION EXPIRES
±; November 10, 2016
427609
-4-
Notary Public, State of Texas
D.R.O. DEVELOPMENT, LLC, a Texas
limited liability company
By:�'/�
Danny OI'son, _ole Member
EARNEST MONEY CONTRA 'POLDER
THE STATE OF §
§
COUNTY OF §
This instrument was acknowledged before me on , 2013, by
Danny. Olson, Sole Member of D.R.O. DEVELOPMENT, LLC, a Texas limited Liability
company, on behalf of said limited liability company.
(NOTARY SEAL)
Attachments:
Exhibit A: Legal Description of the Land
Exhibit B: Conditions of City
SEE ATTACHMENT
Notary Public, State of
ACKNOWLEDGMENT
State of California
County of SAN BERNARDINO
on P<V\1\\ ;IQ-%
before me, ALONI GONZALEZ, NOTARY PUBLIC
(insert name and title of the officer)
personally appeared�� b\5C\
who proved to me on the basis of sati actory evidence to be the person whose name f is/a/6
subscribed to the within instrument and acknowledged to me that he/y'executed the same in
his/uthorized capacity(iand that by his/heritheir signature$ on the instrument the
person(a'), or the entity upon beh If of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
z
z
ALONI GONZALEZ
Commission # 1964430
Notary Public - California
San Bernardino County
My Comm. Expires Dec 22, 2015
z
z
a
EXHIBIT A
DESCRIPTION OF
20.279 ACRES
February 22, 2013
Job No. 2106-0001-202
Being 20.279 acres of land situated in the Thomas J. Green Survey, Abstract 290, Harris
County, Texas, located in Section "G" of the Allison -Richey Gulf Coast Home Company Part of
Suburban Gardens according to the plat recorded in Volume 4, Page 48 of the Harris County Map
Records (H.C.M.R.) more particularly being all of Lots 22, 23 and 25 conveyed to Orlen W. O'Day,
Trustee by an instrument of record in File Number F188006, O.P.R.R.P.H.C.T., said 20.279 acres
being more particularly described by metes and bounds in two (2) parts as follows, all bearings
referenced to the Texas Coordinate System, South Central Zone NAD 83, 2001 Adjustment;
PART ONE
COMMENCING at the most easterly corner of that certain called 4.8383 acre tract of land
conveyed to The City of Pearland by an instrument of record in File Number 20080117318,
O.P.R.R.P.H.C.T., on the common line of Lots 5 & 6 of said Section "G", from which a found 5/8 -
inch iron rod bears North 36° 53' 02" West, 0.13 feet;
Thence, along said common line and the common line of Lots 14 and 15, South 48° 19' 04"
East, 934.85 feet to the POINT OF BEGINNING of the herein described tract at the common
corner of Lots 14, 15, 23 and 24, with Lot 14 being conveyed to Robert Alexander by an instrument
of record in File Number J693128, O.P.R.R.P.H.C.T., Lot 15 being conveyed to JimJudy No. 3
Land Company by an instrument of record in File Number 20070446610, O.P.R.R.P.H.C.T., Lot 24
being conveyed to Martha Alexander Crouch by the instrument of record in File Number H237074,
O.P.R.R.P.H.C.T. and from which a found 1/2 -inch iron rod bears South 39° 16' 57" West, 0.47
feet;
Page 1 of 4
I:\Projdskl\SURVEY\2106\DOCSWOHN ALEXANDER 20.279AC_M & B.doc
20.279 Acres February 22, 2013
Job No. 2106-0001-202
Thence, along the common line of Lots 14 and 23 and Lots 13 and 22, North 43° 03' 19"
East, 659.61 feet to a 1/2 -inch iron rod found for the common corner of Lots 12, 13, 21 and 22, with
Lot 12 being conveyed to Robert Alexander by an instrument of record in File Number J693128,
O.P.R.R.P.H.C.T., with Lot 13 being conveyed to Portis O. Harding by an instrument of record in
Volume 817, Page 228, H.C.D.R. and Lot 21 being a part that certain called 100.4395 acre tract of
land conveyed to Riverstone Land Investors, LTD. by instruments of record under File Numbers
U6.58196 and U673395,
Thence, along the common line of Lots 21 and 22, South 48° 19' 04" East, 659.77 feet to a
point for the common corner of Lots 21, 22, 31, and 32, with Lot 31 being conveyed to William
Leonard Hatton and Wanda Lou Hatton Revocable Living Trust C by an instrument of record in File
No. U189346, O.P.R.R.P.H.C.T. and Lot 32 being conveyed to SHS Partners, LTD. by an
instrument of record in File Number Y472737, O.P.R.R.P.H.C.T.;
Thence, along the common line of Lots 22 and 32 and Lots 23 and 33, South 43° 00' 58"
West, 659.60 feet to a 1-1/4 -inch iron pipe found for the common corner of Lots 23, 24, 33 and 34,
with Lot 33 being conveyed to H.L.S. Partnership by an instrument in File Number N553095,
O.P.R.R.P.H.C.T. and Lot 34 being conveyed to Betty J. Lowe by an instrument of record in File
Number H329163, O.P.R.R.P.H.C.T.;
Thence, along the common line of Lots 23 and 24, North 48° 19' 04" West, 660.22 feet to
the POINT OF BEGINNING and containing 9.991 acres of land.
PART TWO
COMMENCING at the most easterly corner of that certain called 4.8383 acre tract of land
conveyed to The City of Pearland by an instrument of record in File Number 20080117318,
O.P.R.R.P.H.C.T., on the common line of Lots 5 & 6 of said Section "G", from which a found 5/8 -
inch iron rod bears North 36° 53' 02" West, 0.13 feet;
Page 2 of 4
I:\Proidskl\SURVEY\21061DOCSWOHN ALEXANDER 20.279AC_M & B.doc
20279 Acres February 22, 2013
Job No. 2106-0001-202
Thence, along said common line and the common line of Lots 14 and 15, South 48° 19' 04"
East, 934.85 feet to the common corner of Lots 14, 15, 23 and 24, from which a found 1/2 -inch iron
rod bears South 39° 16' 57" East, 0.47 feet;
Thence, along the common line of Lots 15 and 24, South 43° 03' 19" West, 329.95 feet to
the POINT OF BEGINNING of the herein described tract at common corner of Lots 24 and 25 on
the southeast line of Lot 15 from which a found 1/2 -inch iron rod bears South 38° 18' 54" West,
0.53 feet;
Thence, South 48° 19' 04" East, 660.44 feet to a point for the common corner of Lots 24,
25, 34, and 35, with Lot 35 being conveyed to Betty J. Lowe by an instrument of record in File
Number H329163, O.P.R.R.P.H.C.T. and from which a found 1/2 -inch iron rod bears North 48° 18'
59" West, 0.43 feet;
Thence, along the common line of Lot 25 and Lots 35, 36 and 37, South 43° 00' 58" West,
904.41 feet to a point for the common corner of Lots 25 and 37 on the east line of that certain
called 140.6899 acre tract conveyed to Martha Alexander Crouch by the instrument of record in
File Number H237074, with Lots 36 and 37 being conveyed to Green Hollow, LTD., by an
instrument of record In File Number V612105, O.P.R.R.P.H.C.T., from which a found 518 -inch iron
rod bears South 18° 09' 24" West, 0.15 feet;
Thence, along the common line of said 140.6899 acres and Lot 25, North 13° 31' 58" West,
791.72 feet to a 1/2 -inch iron rod found for the common corner of said 140.6899 acres, that certain
called 172.0566 acres conveyed to Robert Alexander by an instrument of record in File Number
J693129, O.P.R.R.P.H.C.T., Lot 15 and Lot 25;
Thence, along the common line of Lot 15 and Lot 25, North 43° 03' 19" East, 452.62 feet to
the POINT OF BEGINNING and containing 10.288 acres of land.
Page 3 of 4
I:\Projdskl\SURVEY\2106\DOCS\JOHN ALEXANDER 20.279AC_M & B.doc
20.279 Acres
Said Part One and Part Two containing a total of 20.279 acres of land.
February 22, 2013
Job No. 2106-0001-202
This description was prepared from a survey prepared by the undersigned dated February 22,
2013.
Registered Professional Land Surveyor
Texas Registration No. 5659
LJA Engineering, Inc.
Page 4 of 4
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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
427609
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.
427609
CERTIFICATE
THE STATE OF TEXAS §
COUNTY OF X/et-t.,Lt-0
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 CSD , 2013.
WITNESS MY HAND AND SEAL OF SAID DISTRICT on the Y'day of
ay , 2013.
(SEAL)
427609
t�vmiti I I111atnit,"
BRAZORIA COUNTY MUNICIPAL UTILITY
DISTRICT NO. 28
By:
Secretar ' Board of Directors
PETITION FOR CONSENT TO ANNEX LAND INTO
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28
THE STATE OF TEXAS
COUNTY OF HARRIS
§
§
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 ROBERT LEE ALEXANDER, JR.; PAMELA A. DUPRE;
BEVERLY ALEXANDER, A/K/A BEVERLY ALEXANDER MARTIN; STUART E.
ALEXANDER and AMY A. CATTONI (collectively, the "Petitioner"), acting pursuant
to the provisions of Chapter 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 19.604 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 Harris County Appraisal District. The Petitioner represents
that there are no lienholders on the Land.
The Land is situated wholly within Harris 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.
427581
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 Harris and Brazoria Counties, 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 approximately
$1,503,900.00
VII.
D.R.O. Development, 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.
427'581
-2-
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.
427581
[EXECUTION PAGES FOLLOW]
-1-
zi
RESPECTFULLY SUBMITTED on the 7/1)day of , 2013.
ATTEST:
By:
Name:
t
Title: Se r e' -a
%',
THE STATE OF TEXAS §
COUNTY OF / <I 4_ H
This instrument was acknowledged before me on the qiday of
BRAZORIA COUNTY MUNICIPAL
UTILITY DISTRICT NO. 28
By: 9
Name: 5 4t c-0 Ci(deal n ft.
Title: T(S._ Ida t4
2013, by S a c (.t> � r t , , as �/%r�s : LI ekiF , and
.s -t --(u,, r cti _. , ,j-1 , as Se c re,Lar , 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 SE
427581
c>:4/e-ein e-eg-e-e
Notary Public, State of Texas
-4-
PA * A. DUPRE, by and ou;
her attorney in fact, Robert Lee
Alexander, Jr.
BEVERLY ALEXANDER, a/k/a
BEVERLY ALEXANDER MAR 11N by
and through her attorney in fact, Robert
Lee Alexander, Jr.
�.
STUART E. A NDER, byyaax
through his attorney in fact,
Alexander, Jr.
r.
THE STATEOF TEXAS
COUNTY OF Ca.att,
fN
tdt;
§
§
§.
This instrument was ackn ' ledged before me on the 1 ay of
by ROBERT LEE ALEXANDER, JR.
ARY SEAL)
THE .ATE OF
COUNTY OF
instrumentThis was edged pre me on the day of
211.30 by ROBERT LEE ALEXANDER, JR, as attorney in f for Pamela A. Dupre.
Y SEAL)
THE STATE { F
COUNTY OFt
Thisiz
2ilT 3, by ROBERT
a f k/ a Beverly Alexand
lic,
§.
g.
ore me on the day of
as attorney in fact or Beverly ande.r
�Y S
THEATE-0
COUNTY OF CC% i
This instrument was acknowledged before me o
by ROBERT LEE ALEXANDER, JR, as attorney infact to
(NOTARY L)
THE STATE 0
COUNTY OF
Tart E. Alexander.
§
oto Pub
a
This instrument was acknowledged before me on l day of
by ROBERT ALEXANDER, JR, as attorney in fact for Amy A. Ca
(NOTARY SEAL)
7-
D.R.O. DEVELOPMENT, LLC, a Texas
limited liability company
By: V11/7G C�2
Danny Olson, Sole Member
k7074
EARNEST MONEY em
CONTRACT HOLDER
THE STATE OF §
§
COUNTY OF §
This instrument was acknowledged before me on , 2013, by
Danny Olson, Sole Member of D.R.O. DEVELOPMENT, LLC, a Texas limited liability
company, on behalf of said limited liability company.
(NOTARY SEAL)
Attachments:
Exhibit A: Legal Description of the Land
Exhibit B: Conditions of City
427581
-8-
SEE ATTACHMENT
Notary Public, State of
ACKNOWLEDGMENT
State of California
County of SAN BERNARDINO
n N1/41601 (2) 11).WD
before me,
ALONI GONZALEZ, NOTARY PUBLIC
(insert name and title of the officer)
personally appeared \C'sk
O\St`(\who proved to me on the basis of saisfactory evidence to be the person whose name, is/Ve
subscribed to the within instrument and acknowledged to me that hehstrefttmy executed the same in
his/fir authorized capacity(), and that by his/14eflithet signatureWron the instrument the
person , or the entity upon behalf of which the personX acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official
Signature
(Seal)
z
Z
ALONI GONZALEZ
Commission # 1964430
Notary Public - California
San Bernardino County
My Comm. Expires Dec 22, 2015
z
z
EXHIBIT A
February 27, 2013
Job No. 2106-0003-202
DESCRIPTION OF
19.604 ACRES
Being 19.604 acres of land situated in the Thomas J. Green Survey, Abstract 290, Harris
County, Texas, located in Section "G" of the Allison -Richey Gulf Coast Home Company Part of
Suburban Gardens according to the plat recorded in Volume 4, Page 48 of the Harris County Map
Records (H.C.M.R.) more particularly being a part of a 34.20 acre lot shown as an acreage tract on
said plat and being out of that certain called 172.0566 acres conveyed to Robert Alexander by an
instrument of record in File Number J693129 of the Official Public Records of Real Property of
Harris County, Texas (O.P.R.R.P.H.C.T.), said 19.604 acres being more particularly described by
metes and bounds as follows, all bearings referenced to the Texas Coordinate System, South
Central Zone NAD 83, 2001 Adjustment;
BEGINNING at a 5/8 -inch iron rod with a plastic cap stamped CL DAVIS RPLS 4464 found
for the southwest corner of that certain called 4.8383 acre tract of land conveyed to The City of
Pearland by an instrument of record in File Number 20080117318, O.P.R.R.P.H.C.T., same being
the southwest corner of Lot 6 and the most northerly northwest corner of the 34.20 acre lot shown
as an acreage tract on the aforementioned Section "G" of the Allison -Richey Gulf Coast Home
Company Part of Suburban Gardens plat;
Thence, along the common line of Lot 6 and the 34.20 acre lot, North 78° 56' 59" East,
1,027.47 feet to a 1/2 -inch iron rod found for the northeast corner of the 34.20 acre lot, same being
the northeast corner of the aforementioned 172.0566 acre tract;
Thence, South 13° 31' 58" East, 503.39 feet to a 1/2 -inch iron rod found for the common
west corner of Lots 15 and 25 on the east line of the 34.20 acre tract, same being the common
north corner of said 172.0566 acre tract and that certain called 140.6899 acre tract conveyed to
Martha Alexander Crouch by an instrument of record in File Number H237074, O.P.R.R.P.H.C.T.;
Thence, along the common line of said 172.0566 acre and 140.6899 acre tracts, South 430
03' 19" West, 1,201.55 feet to a point for corner at the approximate centerline of Clear Creek, same
being the common county line of Harris and Brazoria Counties;
Page 1 of 3
1:1Projdskl\SURVEY\2106\DOCS\ROBERT ALEXANDER 19.604AC_M & B.docx
19.604 Acres
February 27, 2013
Job No. 2106-0003-202
Thence, along the approximate centerline meanders of Clear Creek and said common
county line, the following eighteen (18) courses;
1. North 42° 57' 35" West, 75.88 feet to a point for corner;
2. North 440 36' 26" West. 101.40 feet to a point for corner;
3. North 06° 01' 01" West, 129.51 feet to a point for corner;
4. North 15° 56' 25" East, 54.72 feet to a point for corner;
5. North 24° 28' 55" East, 59.77 feet to a point for corner;
6. North 29° 02' 32" East, 62.03 feet to a point for corner;
7. North 22° 34' 38" East, 37.15 feet to a point for corner;
8. North 16° 18' 35" West, 57.49 feet to a point for corner;
9. North 24° 49' 06" West, 49.38 feet to a point for corner;
10. North 10° 08' 22" West, 75.30 feet to a point for corner;
11. North 04° 19' 00" East, 70.79 feet to a point for corner;
12. North 01° 29' 26" West, 83.94 feet to a point for corner;
13. North 18° 31' 37" West, 66.81 feet to a point for corner;
14. North 42° 13' 19" West, 58.42 feet to a point for corner;
Page 2 of 3
1:1Projdskl\SURVEY121061DOCS\ROBERT ALEXANDER 19.604AC_M & B.docx
19.604 Acres
15. North 43° 22' 55" West, 98.13 feet to a point for corner;
16. North 30° 27' 39" West, 134.76 feet to a point for corner;
17. North 25° 02' 23" West, 24.13 feet to a point for corner;
18. North 35° 11' 51" West, 50.52 feet to a point for corner;
Thence, departing said centerline and said common county line, North 41° 39' 39" East,
43.52 feet to the POINT OF BEGINNING and containing 19.604 acres of land;
February 27, 2013
Job No. 2106-0003-202
This description was prepared from a survey prepared by the undersigned dated February 22,
2013.
Registered Professional Land Surveyor
Texas Registration No. 5659
LJA Engineering, Inc.
Page 3of3
I:\Projdskl\SURVEY121061DOCS\ROBERTALEXANDER 19.604AC_M & B.docx
fl Oen,. rev vos
ardsem rom saa SW, p.e. uwevoss,w4A30.4A0Nra2so u/A2 1.1.403.44,
T.:""" , W --g3zxr6.,..,....
r Ad xgab l��� �xefnrammMvsr x. MJ60. n[00.IIm rro
x%e Rorvs rm naadrm saner ns. Draw x.n1r Ara Nam whoa We
r. rbr w6lrarsmv rdw Q�7r,sir. sana/trs�e"
sa sap bnn .saM n d6 FnE d m ary d hsAw. rasa
' mvnp���wn®wdn'zslo xsenw'n
au • d Ndeers vxrN P.sadsavaw.OERevci®r.
Pl U"a'm rhV ill wxn M lse •4afwae a lNr arms 14'311549
mroaalsl i "'in�'Na°1.rdX.�C°n�� Nw n w..wr
sa.w malvana sd nw vamm4 0404%ssnd sate
;'1,"!'"s M
Ossn n mm SOOn arra asarmr x x04 s fro roe o onO.
svw, vs arvoge. pa.. nees. raw una v yaw mammal own. go. OV
co. goo Ism Min ortIOS looted wort Ommuris OIO.1 ore, minor Woo ft.
LEGEND
wAnmiA wruao's
[ 7f K[.KE•
1, 0((0xT 11[3103
Ft
IN6Llln AOKNf
I4(F"o1C U41 Nua[A
ACREAGE 516/1041
TRACT ONE 1.991 AC 217,402 SD. FT.
TRACT 330 19,604 40 1153,312 $0. FT.
TOTAL 24.591 AC 1,071.310 SD. FT.
TO Wan CUM ACSIVICIS 0.,/=030,01
MO, Stool SIOWIVO SIMON. 0,0
LINE TABLE
L1ne
660-1 g
016.6nc.
N42'57'35'1
75.11'
1
3
1444.36'26'9
N15.56'25•E
101.40'
54.72'
924.29.55.E
59.11'
5
029'02'32'0
62.03'
5
920'34.34'E
37.15'
7
X16'11.35'0
57.49'
4
N2v49' 06'11
49.31'
9
4110.03.22'0
75.30'
10
N04.19'CO'E
70.79'
11
901.29'26'9
13.94'
12
111'31'32.9
66.11'
13
N42'13.19.4
51.42'
14
15
N43'22'55'3
X25'02'23'9
91.13'
24.13'
16
N35'II'51.6
50.52'
I7
941.39'39'[
43.52'
Of 107(14
-f
P08PARF 2
LIP
O 1211:4.
21 µ
F1xTroaRO
FLOOD IONE 'r
7510201 an Ifs 0102 may)
19504 ACRES
1857372 SO. FT
0111 OF 776AIIAND
CALLED 4.1313 ACRS
4PDICEL 61
F ILL M. 10010117311
:On:A
4010TH
--1nr"' Ct0
�ip4? 5 x5[n d.On
.,a
300(4' ALL XA0DE0
CALLED172.0566
NO. J69312 ACRES
•4
GEORGE NANTOR
F iLE M. 8649669
PIOw 001/0 'A0
1074240 m 1/e FIRM mop
9
Scale : P • 100'
PDG PAR( 3
1
ILD 4.1110WS
POB.PART I`
237/O'E
•
•
•
40i
3
FUX0 ZONE '4'
ISm940 m Ne FN3Y (00
41039810716
07000.400551[0(55 LTD.
F ILE M. U651196 3 F ILE NO. 07673395
RA[6 Aver
OWN RI Meal.
F1000 IOM'
140401.1 m M FMX (0/
J11A33Y NO. 3
AND COWAN',
F ILEELNO. 2007044E610
ALL ISON-R ICHEY GULF COAST HOME CO.
PART OF SUBURBAN GARDENS
SECTION 'G'
I VOL. 4. PG. 48 H.C. M. R.
•✓
ITA
!LOW 0000 'f
1308040 m fro 01101 1401
EO s
4.991 ACRES
(217.438 =FT)
ROBERT ALE%ANO(0
LE M. .693126
VOL RIC:
77001087, 9ARD/N0
VOL. 911..D.R. R6. 224
C
54303799 /20757 91.
YARDNA ALEXANDER CROUCH
CALLED 140. 699 ACRES
F ILE M. 9231074
!ALENOAT
TriIEE
M
F IL_ M. 7111005
0017131 ALEXANDER 0ROA14
F ILE M. 11163424
40
91.20.7,007 38030
:11;441:7."
00.EN9. TEE 0WY
11013
,107E P. q. M. PF1/1
H.C006
. P... f.
LAND TITLE SURVEY OF
24.596 ACRES
IN THE
THOMAS J. GREEN SURVEY
ABSTRACT N0. 290
HARRIS COUNTY. TEXAS
1/000277 2013 JOB M. 2106-0093-202
/• VA E4IEIX03 Irla 114
. ,2�BR✓ 3 201101et 0.4 Rae 7133635200
9164100 Fc 7133515029
Revised February 27.2013 N"'°. Tem 77042
0/02!1
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
427581
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.
427581
THE STATE OF TEXAS
COUNTY OF
CERTIFICATE
§
§
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
, 2013.
WITNESS MY HAND AND SEAL OF SAID DISTRICT on the day of
(SEAL)
427581
2013.
004041114
040411il
4‘‘
01 I f 111110
BRAZORIA COUNTY MUNICIPAL UTILITY
DISTRICT NO. 28
Bv:
Secretary, Board of Directors
PETITION FOR CONSENT TO ANNEX LAND INTO
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28
THE STATE OF TEXAS §
COUNTY OF HARRIS §
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 CARTER CRAIG CROUCH, INDIVIDUALLY; MARTHA
ADRIENNE CROUCH, INDIVIDUALLY; CARTER CRAIG CROUCH, MARTHA
ADRIENNE CROUCH and A. G. CROUCH, III, AS CO -TRUSTEES OF THE
SPENDTHRIFT TRUST FOR THE BENEFIT OF A. G. CROUCH, III CREATED UNDER
THE WILL OF MARTHA ALEXANDER CROUCH, DECEASED (collectively, the
"Petitioner"), acting pursuant to the provisions of Chapter 49, Texas Water Code,
particularly Section 49.301 of that Code, together with all amendments and additions
thereto, respectfully petitions the City Council of the City of Pearland, Texas (the
"City"), for its written consent to the annexation by the District of the 20.091 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 Harris County Appraisal District. The Petitioner represents
that there are no lienholders on the Land.
The Land is situated wholly within Harris 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.
427369
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 Harris and Brazoria Counties, 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 Statds 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 Districts facilities to serve the Land is approximately
$1,503,900.00.
VII.
D.R.O. Development, 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.
427369
-2-
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.
427369
[EXECUTION PAGES FOLLOW]
-3-
l /�h
RESPECTFULLY SUBMITTED on the `/ day of
ATTEST:
By:
Name: rC� n sic.-- :'y 1
Title: S P
THE STATE OF TEXAS
COUNTY OF
2013.
BRAZORIA COUNTY MUNICIPAL
UTILITY DISTRICT NO. 28
By:
Name: .5 t C P y. C.V Gt 2,`J -1P1--
Title: (2l,
own intioo
4/41
This instrument was acknowledged before me on the _ day of
as Z?"e Ie , and
of the Board of Directors of BRAZORIA
NO. 28, a political subdivision of the State
2013," by 5-7/-4_(- C C7 u
Sr. „;� G� s , as
COUNTY MUNICIPAL UTILITY DISTRIC
of Texas, on behalf of said political subdivision.
427369
-4-
Notary Public, State of Texas
CARTER CRAIG CROUCH,
Individually, and as Co -Trustee of the
Spendthrift Trust for the Benefit of A. G.
Crouch, III Created under the Will of
Martha Alexander Crouch, Deceased
THE STATE OF S §
COUNTY OF FIc r n s §
This instrument was acknowledged before me on the I
L day of ,!
2013, by CARTER CRAIG CROUCH, Individually, and as Co -Trustee of the pendthrift
Trust for the Benefit of A. G. Crouch, III Created under the Will of Martha Alexander
Crouch, Deceased.
(NOTARY SEAL)
oti11H111111//
131
i (C, ;:t:
OF5
///"//,'4/1//1111110s \\\\\\\\��
427369 -5-
Notary Pu lc, State of "re- 3
THE STATE 0
COUNTY OF
I� VI-�k JkE
MARTHA ADRIANNE CROUCH, C
Individually, and as Co -Trustee of the
Spendthrift Trust for the Benefit of A. G.
Crouch, III Created under the Will of
Martha Alexander Crouch, Deceased
This in t.riiment was acknowledged before me on theme' ` day of k1/4/0/
2013, by MARTHA ADR XNNE CROUCH, Individually, and as Co -Trustee of the
Spendthrift Trust for the Bei-efit of A. G. Crouch, III Created under the Will of Martha
Alexander Crouch, Deceased.
(NOTARY S
427369 -6-
Notary Pub `c, tate
i
A. G. CROUCH, II, as Co -Trustee of the
Spendthrift Trust for the Benefit of A. G.
Crouch, III Created under the Will of Martha
Alexander Crouch, Deceased
THE STATE OF I
COUNTY OF /5/e/4 4.--/4
This instrument was acknowledged before me on the day of 41.4-,e-6//
2013, by A. G. CROUCH, III, as Co -Trustee of the Spendthrift Trust for the Benefit of A.
G. Crouch, III Created under the Will of Martha Alexander Crouch, Deceased.
4;PR�PUB
1011/
--,, REBECCA LELA BLANCHETTE
▪ ° Notary Public, State of Texas
▪ /> : = My Commission Expires
February 01, 2014
(NOTARY SEAL)
427369
-7.-
Notary Public, State of
D.R.O. DEVELOPMENT, LLC, a Texas
limited liability company
h 9
Danny Olsdn, Sole Member
EARNEST MONEY CONTRACT HOLDER
THE STATE OF
COUNTY OF §
This instrument was acknowledged before me on , 2013, by
Danny Olson, Sole Member of D.R.O. DEVELOPMENT, LLC, a Texas limited liability
company, on behalf of said limited liability company.
(NOTARY SEAL)
Attachments:
Exhibit A: Legal Description of the Land
Exhibit B: Conditions of City
_R_
SEE ATTACHMENT
Notary Public, State of
ACKNOWLEDGMENT
State of California
County of SAN BERNARDINO
On MX2'\\ Q -01 ) -OG
personally appeared OM
before me,
ALONI GONZALEZ, NOTARY PUBLIC
D\SM
who proved to me on the basis of satisfactory evidence to be the person f a°J whose name is/
subscribed to the within instrument and acknowledged to me that he/sPte#4hey executed the same in
his/ authorized capacity('), and that by hisLfeir signatureon the instrument the
person , or the entity upon behalf of which the persor ) acted, execdted the instrument.
(insert name and title of the officer)
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and offici.eal.
Signature
(Seal)
ALONI GONZALEZ
Commission # 1964430 L
Notary Public - California
San Bernardino County
My Comm. Expires Dec 22, 2015
EXHIBIT A
February 22, 2013
Job No. 2106-0002-202
DESCRIPTION OF
20.091 ACRES
Being 20.091 acres of land situated in the Thomas J. Green Survey, Abstract 290, Harris
County, Texas, located in Section "G" of the Allison -Richey Gulf Coast Home Company Part of
Suburban Gardens according to the plat recorded in Volume 4, Page 48 of the Harris County Map
Records (H.C.M.R.) more particularly being all of Lot 24 conveyed to Martha Alexander Crouch by
an instrument of record in File Number H163424 of the Official Public Records of Real Property of
Harris County, Texas (O.P.R.R.P.H.C.T.) and part of a 34.20 acre lot shown as an acreage tract on
said plat and being out of that certain called 140.6899 acre tract conveyed to Martha Alexander
Crouch by an instrument of record in File Number H237074, O.P.R.R.P.H.C.T., said 20.091 acres
being more particularly described by metes and bounds in two (2) parts as follows, all bearings
referenced to the Texas Coordinate System, South Central Zone NAD 83, 2001 Adjustment;
PART ONE
COMMENCING at the most easterly corner of that certain called 4.8383 acre tract of land
conveyed to The City of Pearland by the instrument of record in File Number 20080117318,
O.P.R.R.P.H.C.T. on the common line of Lots 5 & 6 of said Section "G", from which a found 5/8 -
inch iron rod bears North 36° 53' 02" West, 0.13 feet;
Thence, along said common line and the common line of Lots 14 and 15, South 48° 19' 04"
East, 934.85 feet to the POINT OF BEGINNING of the herein described tract at the common
corner of Lots 14, 15, 23 and 24, with Lot 14 being conveyed to Robert Alexander by an instrument
of record in File Number J693128, O.P.R.R.P.H.C.T., Lot 15 being conveyed to JimJudy No. 3
Land Company by an instrument of record in File Number 20070446610, O.P.R.R.P.H.C.T., Lot 23
being conveyed to Orlen W. O'Day, Trustee by an instrument of record in File Number F188006,
O.P.R.R.P.H.C.T. and from which a found 1/2 -inch iron rod bears South 390 16' 57" West, 0.47
feet;
Page 1 of 4
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20.091 Acres
February 22, 2013
Job No. 2106-0002-202
Thence, along the common line of Lots 23 and 24, South 48° 19' 04" East, 660.22 feet to a
1-1/4 -inch iron pipe found for the common corner of Lots 23, 24, 33 and 34, with Lot 33 being
conveyed to H.L.S. Partnership by an Instrument In Flle Number N553095, O.P.R.R.P.H.C.T. and
Lot 34 being conveyed to Betty J. Lowe by an instrument of record in File Number H329163,
O.P.R.R.P.H.C.T.;
Thence, along the common line of Lots 24 and 34, South 43° 00' 58" West, 329.94 feet to a
point for the common corner of Lots 24, 25, 34, and 35, with Lot 25 being conveyed to Orlen W.
O'Day, Trustee by an instrument of record In File Number F188006, O.P.R.R.P.H.C.T., with Lot 35
being conveyed to Betty J. Lowe by an instrument of record in File Number H329163,
O.P.R.R.P.H.C.T. and from which a found 1/2 -inch iron rod bears North 48° 18' 59" West, 0.43
feet;
Thence, along the common line of Lots 24 and 25, North 48° 19' 04" West, 660.44 feet to a
point for the common west corner of Lots 24 and 25 on the southeast line of Lot 15 from which a
found 1/2 -inch iron rod bears South 38° 18' 54" West, 0.53 feet;
Thence, along the common line of Lots 15 and 24, North 43° 03' 19" West, 329.95 feet to
the POINT OF BEGINNING and containing 5.000 acres of land.
PART TWO
COMMENCING at the most easterly corner of that certain called 4.8383 acre tract of land
conveyed to The City of Pearland by the instrument of record in File Number 20080117318,
O.P.R.R.P.H.C.T. on the common line of Lots 5 & 6 of the aforementioned Section "G" of the
Allison -Richey Gulf Coast Home Company Part of Suburban Gardens plat, from which a 5/8 -inch
found Iron rod bears North 36° 53' 02" West, 0.13 feet;
Thence, along said common line and the common line of Lots 14 and 15, South 48° 19' 04"
East, 934.85 feet to a point at the common corner of Lots 14, 15, 23 and 24;
Page 2 of 4
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20.091 Acres February 22, 2013
Job No. 2106-0002-202
Thence, along the common line of Lots 15, 24 and 25, South 43° 03' 19" West, 782.57 feet
to the POINT OF BEGINNING of the herein described tract at the common south corner of Lots 15
and 25 on the east line of the 34.20 acre lot shown as an acreage tract on the aforementioned
Section "G" plat, same being the common east corner of that certain called 172.0566 acres
conveyed to Robert Alexander by an instrument of record in File Number J693129,
O.P.R.R.P.H.C.T. and that certain called 140.6899 acres conveyed to Martha Alexander Crouch by
an instrument of record in File Number H237074, O.P.R.R.P.H.C.T.;
Thence, along the common line of the 34.20 acre lot, said 140.6889 acres, Lots 25 and 37,
South 13° 31' 58" East, 1,016.32 feet to a 1/2 -inch iron rod found for the southeast corner of the
34.20 acre lot, said 140.6889 acres and an interior corner of Lot 37 being conveyed to Green
Hollow Ltd. by an instrument of record in File Number V612105, O.P.R.R.P.H.C.T.;
Thence, along the common line of the 34.20 acre lot, said 140.6889 acres, Lots 37 and 38
with Lot 38 being that certain called 8.87 acres conveyed to SHS Partners, LTD. by an instrument
of record in File Number X720995, O.P.R.R.P.H.C.T., South 75° 42' 30" West, passing a found
5/8 -inch Iron with a cap stamped "CEI -3438" at 690.32 feet and continuing in all, a total of 780.16
feet to a point for corner at the approximate centerline of Clear Creek, same being the common
county line of Harris and Brazoria Counties;
Thence, along the approximate centerline meanders of Clear Creek and said common
county line, the following four (4) courses;
1. North 49° 42' 48" West, 77.15 feet to a point for corner;
2. North 51° 22' 26" West, 130.60 feet to a point for corner;
3. North 39° 04' 44" West, 195.16 feet to a point for corner;
4. North 42° 33' 50" West, 26.90 feet to a point for corner;
Page 3 of 4
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20.091 Acres
February 22, 2013
Job No. 2106-0002-202
Thence, departing said centerline and said common county line and along the common line
of said 172.0566 and 140.6899 acres, North 43° 03' 19" East, 1,201.55 feet to the POINT OF
BEGINNING and containing 15.091 acres of land.
Said Part One and Part Two containing a total of 20.091 acres of land.
This description was prepared from a survey prepared by the undersigned dated February 22,
2013.
Gary D. Nutter
Registered Professional Land Surveyor
Texas Registration No. 5659
LJA Engineering, Inc.
Page 4 of 4
1:\Projdskl\SURVEY\2106\00CSMARTHA ALEXANDER 20.091AC_M & B.doc
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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
427369
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.
427369
THE STATE OF TEXAS
COUNTY OF
CERTIFICATE
§
§
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 a/14_ - L/ 2013.
WITNESS MY HAND AND SEAL OF SAID DISTRICT on the G/'7 day of
l`f/✓� ,2013.
(SEAL)
e
111111NettlitiO
.........
427369
BRAZORIA COUNTY MUNICIPAL UTILITY
DISTRICT NO. 28
By:
Secre arv. Board n
Secre ary, Board of Directors
PETITION FOR CONSENT TO ANNEX LAND INTO
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28
THE STATE OF TEXAS
COUNTY OF HARRIS
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 CYNTHIA BERNSTEIN F/ K/ A CYNTHIA BERNSTEIN
SCHACHTER; JEFFREY BERNSTEIN; ALLAN D. GOLDSTEIN; LISSA STREUSAND;
JERRY S. KANTOR AND GLORIA K. LEPOW, CO -TRUSTEES OF THE
TESTAMENTARY TRUSTS CREATED UNDER THE LAST WILL AND TESTAMENT
OF HOWARD KANTOR, DECEASED; AND DEANNA LEAH KANTOR,
INDIVIDUALLY, AND AS TRUSTEE OF THE TESTAMENTARY TRUSTS CREATED
UNDER THE LAST WILL AND TESTAMENT OF LOUIS KANTOR, DECEASED, the
owners of the land herein described (collectively, the "Petitioner"), acting pursuant to
the provisions of Chapter 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 4.533 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.
The Petitioner holds fee simple title to the Land, as indicated by the certificate of
ownership provided by the Harris County Appraisal District. Petitioner represents that
there are no lienholders on the Land.
427348
The Land is situated wholly within Harris 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, 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 Harris and Brazoria Counties, 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 $ 334,200.00.
VII.
D.R.O. Development, 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.
427348
-2-
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.
427348
[EXECUTIO1N PACES FOLLO Y ]
-3-
RESPECTFULLY SUBMITTED on the /day of , 2013.
ATTEST:
By:
Name:
Title:
ST e 1a pi, -a._
ecreJQ/ir
THE STATE OF TEXAS
COUNTY OF Ad r r'
§
§
BRAZORIA COUNTY MUNICIPAL
UTILITY DISTRICT NO. 28
By: �� ti
{ � U
Name:�J• q c tZO h gam`
Title' P(Q�� d'
(SEAL) a*4� * .� , ,.„
r rt.
This instrument was acknowledged before me on the `� qday of Apr
and
2013, by .51- c c n , as PC's • J41 -"I'm
5/e huh ; A . /cs , as 5 e c r e 1-1,1 1, 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 SEAL
427348
SHARON GOVAN
MY COMMISSION EXPIRES
March 29, 2016
-4-
2 6-, eedeeet"—
Notary
---
Notary Public, State of Texas
CYNTHIA BERNSTEIN f/k/a Cynthia
Bernstein Schachter
THE STATE OF
COUNTY OF /74t /` rfs
This instrument was acknowledged before me on the �day of
2013, by CYNTHIA BERNSTEIN f/ k/ a Cynthia Bernstein Schachter.
(NOTARY SEAL)
427348
-5-
Notary
5 .
Notary Public, State of l /Ca. -t
RUTH D. SMITH
NOTARY PUBLIC
STATE OF TEXAS
Comm. Exp. 04-23-2017
THE STATE OF 1AS
COUNTY OF1
This instrument was acknowledged before me on the2 day of %1
2013, by JEFFREY BERNSTEIN.
§
§
CNMSTY DENISE KENT
My Commission EMt:
Wok 22.2015
(NOTARY SEAL)
427348
-6-
Notary Pu ' ic, State of
c'RY Pue ASHLEY M. HOLDAWAY
NOTARY PUBLIC
t STATE OF TEXAS
COMM, EXPIRES 08.13-2016
THE STATE OF aS
COUNTY OF -'O,YY S
ALLAN D. GOLDSTEIN
§
§
This instrument was acknowledged before me on the \?qday of
2013, by ALLAN D. GOLDSTEIN.
(NOTARY SEAL)
427348
-7-
THE STATE OF Ts gr.a. 5
COUNTY OF (-iar r ; 5
iSAsa
§
§
TREUSAND
This instrument was acknowledged before me on the L day of _._Apr'
2013, by LISSA STREUSAND.
427348
AUL RUCKER
Notary Public
STATE OF TEXAS
My Comm. Exp. August 3, 2016
Notary Public, State of Tf,c4,.,
THE STATE OF F LCA ti fl f�
COUNTY OF L_-` :
�e
JERRY S. KANTOR, Co -Trustee of the
Testamentary Trusts created under the
Last Will and Testament of Howard
Kantor, Deceased
§
This instrument was acknowledged before me on the 15t -day of14-r L
2013, by JERRY S. KANTOR, Co -Trustee of the Testamentary Trusts created under the
Last Will and Testament of Howard Kantor, Deceased, in such capacity.
A : ADELE MY COMMISSION W
O ODR 89831
.���. idi EXPIRES: December 28, 2016
t,lict Bonded Ttuu Notary Public Underwriters
(NOTARY SEAL)
427348
-9-
Notary - . xc, State of -EL6(-4 Qi
THE STATE OF 1,4:9-15
COUNTY OF 1"�S
GLOR . LEPOW, Co -Trustee of the
Testamentary Trusts created under the
Last Will and Testament of Howard
Kantor, Deceased
§
§
This instrument was acknowledged before me on the 154 day of Av.]
2013, by GLORIA K. LEPOW, Co -Trustee of the Testamentary Trusts created under the
Last Will and Testament of Howard Kantor, Deceased, in such capacity.
(NOTARY SEAL)
427348
-10-
Notary P.: b1ic, State of '%,j4.5
MARGIE COOMER
NOTARY PUBLIC
STATE OF TEXAS
Comm. Exp. 03-07-2017
THE STATE OF T-ei-S
COUNTY OFr(is
EANNA LEAH NTOR,
Individually and as Trustee of the
Testamentary Trusts created under the
Last Will and Testament of Louis
Kantor, Deceased
§
This instrument was acknowledged before me on the - i day of 114 0,141
1
2013, by DEANNA LEAH KANTOR, Individually, and as Trustee of the Testamentary
Trusts created under the Last Will and Testament of Louis Kantor, Deceased in such
capacity.
(NOTARY SEAL)
427348
ROBERT V HUYNH
Notary Public
STATE OF TEXAS
My Comm. Exp. 09-04-15
-11-
Notary Pub ic, State of 'i so..
D.R.O. DEVELOPMENT, LLC, a Texas
limited liability company
Bv•
1-722/
Danny O1so idle Member
EARNEST MONEY CONTRACT HOLDER
THE STATE OF §
COUNTY OF §
This instrument was acknowledged before me on , 2013, by
Danny Olson, Sole Member of D.R.O. DEVELOPMENT, LLC, a Texas limited liability
company, on behalf of said limited liability company.
(NOTARY SEAL)
Attachments:
Exhibit A: Legal Description of the Land
Exhibit B: Conditions of City
427348
-12-
SEE ATTACHMENT
Notary Public, State of
ACKNOWLEDGMENT
State of California
County of SAN BERNARDINO
NA2gov-,
before me,
ALONI GONZALEZ, NOTARY PUBLIC
(insert name and title of the officer)
personally appearedb'SD�
who proved to me on the basis of sates ctory evidence to be the person whose nameX is/ire
subscribed to the within instrument and acknowledged to me that he/s'hnt q executed the same in
his/I4ertr authorized capacity), and that by his/ r signatureceon the instrument the
personX, or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and offici- ea
Signature
(Seal)
EXHIBIT A
DESCRIPTION OF
4.533 ACRES
February 20, 2013
Job No. 2106-000-202
Being a 4.533 acre tract of land situated in the Thomas J. Green Survey, Abstract 290,
Harris County, Texas, located in Section "G" of the Allison -Richey Gulf Coast Home Company Part
of Suburban Gardens according to the plat recorded in Volume 4, Page 48 of the Harris County
Map Records (H.C.M.R.) more particularly being a part of Lot 6 described to George Kantor by the
instrument of record in File Number B649689 of the Harris County Deed Records, (H.C.D.R.), said
4.533 acre tract being more particularly described by metes and bounds as follows, all bearings
referenced to the Texas Coordinate System, South Central Zone NAD 83;
BEGINNING at the most easterly corner of that certain called 4.8383 acre tract of land
conveyed to The City of Pearland by the instrument of record in File Number 20080117318,
O.P.R.R.P.H.C.T. on the common line of Lots 5 & 6 of said Section "G", from which a 5/8 -inch
found iron rod bears North 36° 53' 02" West, 0.13 feet;
Thence, along said common line, South 48° 19' 04" East, 274.92 feet to a point for the
common corner of Lots 5, 6, 14, and 15, same being the north corner of a tract of land conveyed to
JimJudy No. 3 Land Company by the instrument of record in File Number 20070446610,
O.P.R.R.P.H.C.T., from which a 5/8 -inch found iron rod bears North 30° 47' 59" East, 0.47 feet;
Thence, along the common line of Lots 6 and 15, South 43° 02' 08" West, 820.15 feet to a
point for the common south corner of Lots 6 and 15 on the north line of that certain called 172.0566
acre tract of land conveyed to Robert Alexander by the instrument of record in File Number
J693129, O.P.R.R.P.H.C.T., from which a bent 3/4 -inch found iron rod bears South 36° 34' 24"
East, 0.89 feet;
Thence, along the common line of Lot 6 and the aforementioned 172.0566 acre tract, South
78° 56' 55" West, 188.60 feet to a point for the southeast corner of the aforementioned 4.8383 acre
tract, the beginning of a curve and from which a bent 5/8 -inch found iron rod bears North 22° 54'
11" East, 0.26 feet;
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4.533 Acres February 20, 2013
Job No. 2106-0004-202
Thence, along the southeast line of said 4.8383 acre tract, the following four (4) courses;
1. Along the arc of said curve to the left having a radius of 2,060.00 feet, a central
angle of 07° 38' 34, an arc length of 27479 feet and a chord that bears North 30°
45' 48" East, 274.58 feet to a 5/8 -inch found iron rod with a plastic cap stamped CL
DAVIS RPLS 4464 for corner;
2. North 26° 56' 30" East, 100.00 feet to a point for corner from which a bent 5/8 -inch
found iron rod bears South 21° 51' 09" West, 0.13 feet, the beginning of a curve;
3. Along the arc of said curve to the right having a radius of 1,940.00 feet, a central
angle of 14° 43' 09, an arc length of 498.38 feet and a chord that bears North 34°
18' 05" East, 497.01 feet to a 5/8 -inch found iron rod with a plastic cap stamped CL
DAVIS RPLS 4464 for corner;
4. North 41° 39' 40" East, 110.80 feet to the POINT OF BEGINNING and containing
4.533 acres of land.
This description was prepared from a survey prepared by the undersigned dated February 20,
2013.
Gary D. • . er
Registered Professional Land Surveyor
Texas Registration No. 5659
LJA Engineering, Inc.
Page 2 of 2
I:\Projdskl \SU RVEY\21061DOCS \KANTOR_4.533AC_M & B.doc
Notes:
U All bearings referenced to the Texas State Plane Coordinate System. South Centra! Zone (NAD 83, 200/ ed JJ.
2) TNs survey was prepared from information furnished by Title Resources Guaranty Company os agent for
Texas American Title Insurance Company, Commitment for T/Ne Insurance File Number 769542-3446, effective
dale December 17. 20)2, Issued December 31. 2012 Tie surveyor 414 not abstract No subject properly.
CURVE TABLE
Curve
Radius
Tangent
Chord
Aro
Delta
Chard Bearing
2060.00'
137.60'
274.58'
274. 79'
07'38'34•
N30' 45' 48•C
2
1940. 00' 250. 57'
497. 01'
498. 38'
14'43'09'
634.18'05.E
Tie follow/ng items that affect the subject property referenced in Schedule B of said File Number 7695-/2-3446 are:
Item l0(el, Water and sewer utility easement affecting subject properly to The City of Pearlandond as lace/ed
In lnslrumen/(sl flied for record under Harris County Clerk's File Nds). 2008067219, 0PRRPJiC.T. 1570wn)
Nem 1072, The subject tract is identified as belrg !waled wl1Nn the ally limits of /he City of Pearlond, Texas,
and ,s zoned 'R -I' (Single Family Residential -0 according to the 'Zoning Map' prepared December. 2012,
and Is subject /o Ile provisions of Cly of Peorlond 'Unified Development Code', ordinarce Na 2000T.
3) By graphical plotting. the subject tract Iles w/tNn /n Zona 'AE' (Hatched on FIRM Mop,. Zane 'AE' (Shaded
on FIRM Mapl and Zone '2*(51)2400 on FIRM Map) as s/1635 on Federal Emergency Management Agency Flood
Insurance Rale Map, Map Number 48201CI035L. map rev/sed June 18. 2007. Zane'AE' (Hatched) Is defied
as 'Roadway Areas in Zone 'AE' with the floadway /s tie channel of a stream pus any adJocent floodplain areas
that must be kept free of encroac men/ so lint Ile 12 annual chance flood can be corrlcd wilteut substantial
Increases /n flood helgNs'. Zone 'AE` (Shaded, Is defined as 'Special Flood Hazard Areas inundated by Ile I% 2.
annual chance flood event with base flood elevation determined. Zone 'X' (Shaded) Is defined as 'areas of 0.22
annual chance of flood: areas of /% annual chance flood with overage depths of less than I foot or will) drainage f'
areas less than I square mile; and areas protected by levees from I% annual chance flood.'
41 A metes and bounds description was prepared for subject tract on separate Instrument by the undersigned
doled February 20.2012.
51 There are no paved parking areas or structures an IAB subject tract at 1/e time of I/e survey.
LINE TABLE
Line
Bearing
Distance
1
578.56'55.W
188.60'
2
N26'56'30'E
100.00'
3
N41.39'40'E
110.80'
5 4819-04'E 1199('
PND. js'' 1R. W/CAP
CL DAVIS RPLS 4464
' !CALI
CCONCRETE
ENO. %' IR. W/CAP
CL DAVIS RPLS 4464
coNcaerE cu:
•6 W77 EA FLOOD ZONE 'AE •-,- 0 0
(Shaded on the FIRM map)•• O*\��g.
I FNO. BENT %' IR. 4//
BEARS 5 2757021 W, 013' 4�)4 ��.
Q o5 vI�.
40
61 This survey does nal determine the loco/fon of wetland, fault llles Or otter erolrennental issues should they CITY OF PEARLAND
exist. 1 CALLED 4.8383 ACRES
• (PARCEL 6)
71 Fence lines shown hereon were field located wtere dimensions ore Indlco1ed and may meander between (hese F ILE NO. 20080 I 173 18
mcvlfons. O. P. R. R.P.H.C.T.
SURVEYORS CERTIFICATE
TO DANNY OLSEN.TITLE RESOURCES GUARANTY COMPANY AS AGENT FOR
TEXAS AMERICAN TITLE INSURANCE COMPANY,AND ALL OTHER PARTIES
INTERESTED 16 THE TITLE TO THE PROPERTY SURVEYED,
1, GARY D. NUTTER. REGISTERED PROFESSIONAL LAND SURVEYOR. HEREBY
CERTIFY TO 2010 ROSE RANCH. LLC. ALPHA TECH INTERNATIONAL. INC
STEWART TITLE GUARANTY COMPANY THAT THIS SURVEY SUBSTANTIALLY
COMPLIES WITH THE CURRENT TEXAS SOCIETY OF PROFESSIONAL
SURVEYORS STANDARDS AND SPECIFICATIONS FOR A CATEGORY /A
CONDITION 11 SURVEY.
DATED: FEBRUARY 20.2013
GARY / r ER. RPLS. _6,
LJA ENGINEERING, INC.
REGISTERED PROFESSIONAL LAND SURVEYOR
TEXAS REGISTRATION N0. 5659
POB..
MOST EASTERLY CORNER OF
)
OF CALLED 4.8383 ACRES aJ "t"
' FOUND IRON ROD -BENT rq• cJ 4p'\ InfI
BEARS 11 36'53'02' W, 013'
•
•
a,• •• (. � Scale: 1'' 200'
\°o94
000 ����.
Q•
Iv
<C'\01b,,
��pARRggNN .,
/ ',, LF',�0 o Q
•
5' FENCEI PJ 4:1° 0 •
AT&T 800 4
WT 5
cl.
.
'SEE
LW78 MET'3'x3'MAATE MIST
'' 4533 ACRES
(197.452 SOIJARE FEET1
, ABAVCt.660 SIGN 06
„ORGE Kg64966`?
1,40, 0R'
'END. 5/8'1R. W/CAP
CL DAVIS RPLS 4464
(CAI)
'END. %' IR. W/CAP — 787,0,1
CL DAVIS RPLS 4464
(CM)
x9.p \s,
y 1)5
CENTEIL INE '•
OF CLEAR CRUX •\
3730RA781 INLET
005655
u
40812
5 7856'55'W
FND. BENT
BEARS 5 36'34'24'W.0.89'
.,49020 / END. BENT %' IR.
BEARS N 22'54'11' E. 026
FLOOD 108 FIRM rtwpl LAND TITLE SURVEY
noted on 4.533 ACRES
'.f
•
•
LEGEND
'OFFICIAL PUBLIC RECORDS OF
REAL PROPERTY,HARRIS CO., TX.
HARRIS COUNTY MAP RECORDS
HARRIS COUNTY DEED RECORDS
CONTROLLING MONUMENT
FLUSH VALVE
WATER METER
WATER VALVE
STREET LIGHT
1 LOT 15
ROBERT ALEXANDER
F ILE NO. J693128
O. P.R. R. P.H.C. T.
LOT 14
END. B' I.R.
BEARS N 30'47'59' E, 0.47'
PLATTED ROADWAY
(W/DTH NOT DEFINED)
VOL4,PG. 48.HCA(R.
JIMJUDY NO. 3"
I /� LAND COMPANY
/F ILE NO. 200704466 10
`A0.P.R.R.P.H.C.T. Cp•
'~— FLOOD ZONE X C34E
(Shaded on the FIRM map) 5's �N5
car• k0
i� /0)4),/2 IR. GoyFePNG P P.
(x NC' F��5 J0 CO a9 N •
G
\5,0N R(° 54- 9().
PSL PP A,
l0100,'
IS
ROBERT ALEXANDER
CALLED 172.0566 ACRES
FILE NO. J693129
0. P.R.R. P.H.C. T.
0. P. R. R. P. H. C. T.
H. C. M. R.
H. C. 0. R.
(C. M. )
t
48
IN THE
THOMAS J. GREEN
ABSTRACT NO.
HARRIS COUNTY,
FEBRUARY 2013 JOB NO.
LJA Engineering, Inc.
2929 Briarpark Drive
Suite 600
Houston, Texas 77042
OF
SURVEY
290
TEXAS
2106-0004-202
Phone 713.953.5200
Fax 713.953.5026
I:\PrOjdskl\SURVET\2106\CAD\EX_OLSEN_KANTOR. dgn
Feb. 20, 2013
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
427348
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.
427348
THE STATE OF TEXAS
COUNTY OF
CERTIFICATE
§
§
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 6z -Z y , 2013.
WITNESS MY HAND AND SEAL OF SAID DISTRICT on the j day of
, 2013.
(SEAL)
427348
BRAZORIA COUNTY MUNICIPAL UTILITY
DISTRICT NO. 28
By:
Secret r y, Board
of Directors