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Ord. 1032 11-12-01ORDINANCE NO. 1032 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DISCONTINUING AND DISANNEXING CERTAIN TERRITORY FROM THE CITY AND ADJUSTING THE CITY'S BOUNDARIES ACCORDINGLY; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO CLARIFY BOUNDARIES BETWEEN ADJACENT MUNICIPALITIES INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. WHEREAS, pursuant to Section 1.04 of the City Charter, the City desires to discontinue said territory in order that mutual boundaries between the City of Pearland and Brazoria County Municipal Utility District Nos. 2, 3, and 6 may be clearly defined; and WHEREAS, a public hearing was conducted before the City Council on October 22, 2001, at 6:30 p.m., at the Pearland City Hall, 3519 Liberty Drive, Pearland, Texas; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. The tract of land described in Exhibit "A", attached hereto and incorporated herein for all purposes, is hereby discontinued and disannexed from the City of Pearland, and the boundaries of the City are hereby adjusted accordingly. Section 2. The City Council finds and declares that no bond funds of the City have been spent in the territory and no municipal improvements have been made in said territory. Section 3. The City intends to notify the Brazoria County Appraisal District that no City taxes will be levied in the disannexed area for the time period dating back to January 1, 2001. 1 ORDINANCE NO. 1032 Section 4. Emergency. The Council finds and determines that clarifying boundaries between adjacent municipalities inures to the benefit of the public and, therefore, bears directly upon the health, safety and welfare of the citizenry; and that this Ordinance shall be adopted as an emergency measure, and that the rule requiring this Ordinance to be read on two (2) separate occasions be, and the same is hereby waived. Section 5. Savings. All rights and remedies which have accrued in favor of the City under this Chapter and amendments thereto shall be and are preserved for the benefit of the City. Section 6. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise unenforceable by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 7. Repealer. All ordinances and parts of ordinances in conflict herewith are hereby repealed, but only to the extent of such conflict. Section 8. Codification. It is the intent of the City Council of the City of Pearland, Texas, that the provisions of this Ordinance shall be codified in the City's official Code of Ordinances as provided hereinabove. Section 9. Effective Date. This Ordinance shall become effective immediately upon its passage and approval by the City Council. PASSED and APPROVED on First and Only Reading this the 12 day of November , A. D., 2001. TOM REID MAYOR 2 ORDINANCE NO. 1032 ATTEST: APPROVED AS TO FORM: 6 • rt. Cta DARRIN M. COKER CITY ATTORNEY 3 City of Pearland 99-Foot Strip R.B. Lyle Survey De -annexation Abstract No. 539 28.1876 Acre J.W. Maxcy Survey Abstract No. 721 G.C. Smith Survey Abstract No. 548 STATE OF TEXAS § COUNTY OF BRAZORIA § A METES AND BOUNDS description of a certain 28.1876 acre (1,227,850 square feet, square footage based on the mathematical closure of the courses and distances described herein) tract of land located in the R.B. Lyle Survey, Abstract No. 539, J.W. Maxcy Survey, Abstract No. 721 and the G.C. Smith Survey, Abstract No. 548 in Brazoria County, Texas;. being a portion of a called 1200.1804 acre tract (Tract Two) conveyed to New Southwyck, L.P. as described in Clerk's File No. 94-024772 of the Brazoria County Official Public Records of Real Property; said 28.1876 acre being more particularly described as follows with all bearings being based on North 78°55'29" West, along the northeast line of Waterbury Estates Section 1 at Silverlake as recorded in Volume 20, Page 269-272 of the Brazoria County Plat Records: COMMENCING at a found 5/8-inch iron rod marking the centerline intersection of Old County Road 59 (60-foot wide) and Old County Road 94 (40-foot wide); THENCE, North 03°18'07" West, 1.00 feet to POINT OF BEGINNING of the herein described tract; THENCE, North 03°18'07" West, 99.00 feet to a point; THENCE, North 86°25'08" East, 2638.24 feet to a point; THENCE, North 86°43'18" East, 2740.40 feet to a point, one hundred (100) feet east of the centerline of Old County Road 90 THENCE, South 03°00'14" East, 2437.89 feet to a point; THENCE. South 03°02'23" East, 1948.91 feet to a point one hundred (100) feet north of the centerline of Old County Road 101 (60-foot wide); THENCE, North 87°19'09" East, 2638.31 feet to a point; THENCE, South 02°41'18" East, 99.00 feet to a point one (1) foot north of the centerline of said Old County Road 101; THENCE, South 87°19'09" West, 2736.70 feet one (1) foot north of and parallel with the centerline of said Old County Road 101 to a point; City of Pearland 99-Foot Strip R.B. Lyle Survey De -annexation Abstract No. 539 28.1876 Acres J.W. Maxey Survey Abstract No. 721 G.C. Smith Survey Abstract No. 548 THENCE, North 03°02'24" West, 2047.32 feet one (1) foot east of and parallel with the centerline of said Old County Road 90 to a point; THENCE, North 03°00'14" West, 2338.44 feet continuing one (1) east of and parallel with the centerline of said Old County Road 90 to a point; THENCE, South 86°43'18" West, 2641.03 feet one (1) foot north of and parallel with the centerline of said Old County Road 59 to a point; THENCE, South 86°25'08" West, 2638.09 feet continuing one (1) foot north of and parallel with the centerline of said Old County Road 59 to the POINT OF BEGINNING, CONTAINING 28.1876 acre of land in Brazoria County, Texas. SURVIRLHIM&B1281876.1DOC PETITION FOR DISANNEXATION AND DETACHMENT OF LAND FROM THE CITY OF PEARLAND, TEXAS THE STATE OF TEXAS § COUNTY OF BRAZORIA § TO THE SECRETARY OF THE CITY OF PEARLAND: The undersigned ("Petitioners"), being the holders of title to the land hereinafter described, acting pursuant to the provisions of Section 43.142 of the Local Government Code and Section 1.04 of the Charter of the City of Pearland, Texas (the "City"), respectfully petition for the disannexation and detachment of the land hereinafter described from the corporate limits of the City. WHEREAS, by virtue of that certain Ordinance No. 31, dated June 30, 1960, the City annexed a 100 foot strip of land (the "100' Strip"), said 100' Strip being more particularly described therein and which contains portions or all of the lands described on the signature pages attached hereto (the "Land"); and WHEREAS, by virtue of those three certain Orders of the Texas Water Commission (predecessor to the Texas Natural' Resource Conservation Commission) bearing the respective dates of July 16, 1981, July 16, 1981, and April 1, 1987, Brazoria County Municipal Utility District No. 2, Brazoria County Municipal Utility District No. 3 and Brazoria County Municipal Utility District No. 6 (the "Districts"), each being a political subdivision of the State of Texas operating under the terms and provisions of Article XVI, Section 59 of the Constitution of Texas and Chapters 49 and 54, Texas Water Code, as amended, were created for the purpose of providing water, sewer and drainage services within each of the Districts' respective boundaries; and WHEREAS, at the time of creation of each of the Districts, it was believed by the City and the Districts that the property within each of the Districts' respective boundaries was wholly contained within the extraterritorial jurisdiction of the City and was not within the City's corporate limits; and WHEREAS, it was intended by the City and the Districts that the Districts would provide water, sewer and drainage facilities and services to the land within each of the Districts' respective boundaries until such time as the City annexed the Districts; and, therefore, that the City would not provide services or tax the property within the Districts until the time of annexation of the Districts; and DATED this the r-,)o day of AC(5 4-•, 2001. Signature: Printed Name: Adrian Matthew Estrada Residence Address: 3418 Pemberton Drive Voter Registration No.: 279245 Voter Precinct No.: 58 Lot 15, Block 2, Fairway Sec. 2, Phase 2 according to map or plat recorded in Vol. 20 at page 303-306, Map Records of Brazoria County, Texas DATED this the 2001. Printed Name: Catherine Ann Southerland Residence Address: 3403 Eaglewood Ct. Voter Registration No.: 284220 Voter Precinct No.: 62 Lot 20, Block 2, Fairway Sec. 2, Phase 2 according to map or plat recorded in Vol. 20 at page 303-306, Map Records of Brazoria County, Texas DATED this the QC day of Alc<ir, 2001. Signature: Printed Name: Steven Alex Zabka Residence Address: 3222 Eaolewood Ct. Voter Registration No.: 203233 Voter Precinct No.: 62 Lot 21, Block 1, Fairway Sec. 2, Phase 2 according to map or plat recorded in Vol. 20 at page 303-306, Map Records of Brazoria County, Texas DATED this the 2L1 day of 1:)kluSet , 2001. Signature: Printed Name: Anoren Paul Skelton Residence Address: 3918 Amerson Ct. Voter Registration No.: 248144 Voter Precinct No.: 58 Lot 9, Block 1, Fieldstone Sec. 1 according to map or plat recorded in Vol. 21 at page 125-128, Map Records of Brazoria County, Texas DATED this the r25 day of Signature 2001. Printed Name: Theresa Skelton Residence Address: 3918 Amerson Ct. Voter Registration No.: 72052 Voter Precinct No.: 58 Lot 9, Block 1, Fieldstone Sec. 1 according to map or plat recorded in Vol. 21 at page 125-128, Map Records of Brazoria County, Texas DATED this the iS day of ( /urZ , 2001. Signature: ate,, Printed Name: Loren John Kool Residence Address: 3822 Glenhill Drive Voter Registration No.: 282521 Voter Precinct No.: 62 Lot 13, Block 2, Sedgefield Section 3 according to map or plat recorded in Vol. 20 at page 347-350, Map Records of Brazoria County, Texas DATED this the day of Signature: 2001. Printed Name: Pu Shen Residence Address: 2602 Rosemary Ct. Voter Registration No.: 288587 Voter Precinct No.: 58 Lot 23, Block 1, Woodbend Section 2 according to map or plat recorded in Vol. 20 at page 331-334, Map Records of Brazoria County, Texas DATED this the axv day of Signature: , 2001. Printed Name: Wincr Yi Liu Residence Address: 3406 Pemberton Drive Voter Registration No.: 279677 Voter Precinct No.: 58 Lot 12, Block 2, Fairway Sec. 2, Phase 2 according to map or plat recorded in Vol. 20 at page 303-306, Map Records of Brazoria County, Texas DATED this the SO day of Signature , 2001. r/ Printed Name: Gabrielle'Kayes Forrest Residence Address: 3407 Eaglewood Ct. Voter Registration No.: 283513 Voter Precinct No.: 62 Lot 19, Block 2, Fairway Sec. 2, Phase 2 according to map or plat recorded in Vol. 20 at page 303-306, Map Records of Brazoria County, Texas 1441 DATED this the 9S10 day of l490-61 2001 Signature: /111 ra l - Printed N.e: J-nn #er Lori Cunningham Resi.ence •dress: 3407 Pemberton Drive Voter Registration No.: 295017 Voter Precinct No.: 58 Lot 9, Block 2, Fairway Sec. 2, Phase 2 according to map or plat recorded in Vol. 20 at page 303-306, Map Records of Brazoria County, Texas DATED this the Signature: 2001. teM, fuel, Printed Name: Barbara Peake Mingarelli Residence Address: 3410 Pemberton Drive Voter Registration No.: 281422 Voter Precinct No.: 58 Lot 13, Block 2, Fairway Sec. 2, Phase 2 according to map or plat recorded in Vol. 20 at page 303-306, Map Records of Brazoria County, Texas DATED this the P 14 day of Signature: , 2001. ter Printed Name: David Wayne Forrest Residence Address: 3407 Eaalewood Ct. Voter Registration No.: 283512 Voter Precinct No.: 62 Lot 19, Block 2, Fairway Sec. 2, Phase 2 according to map or plat recorded in Vol. 20 at page 303-306, Map Records of Brazoria County, Texas PETITION FOR DISANNEXATION AND DETACHMENT OF LAND FROM THE CITY OF PEARLAND, TEXAS THE STATE OF TEXAS § COUNTY OF BRAZORIA § TO THE SECRETARY OF THE CITY OF PEARLAND: The undersigned ("Petitioners"), being the holders of title to the land hereinafter described, acting pursuant to the provisions of Section 43.142 of the Local Government Code and Section 1.04 of the Charter of the City of Pearland, Texas (the "City"), respectfully petition for the disannexation and detachment of the land hereinafter described from the corporate limits of the City. WHEREAS, by virtue of that certain Ordinance No. 31, dated June 30, 1960, the City annexed a 100 foot strip of land (the "100' Strip"), said 100' Strip being more particularly described therein and which contains portions or all of the lands described on the signature pages attached hereto (the "Land"); and WHEREAS, by virtue of those three certain Orders of the Texas Water Commission (predecessor to the Texas Natural Resource Conservation Commission) bearing the respective dates of July 16, 1981, July 16, 1981, and April 1, 1987, Brazoria County Municipal Utility District No. 2, Brazoria County Municipal Utility District No. 3 and Brazoria County Municipal Utility District No. 6 (the "Districts"), each being a political subdivision of the State of Texas operating under the terms and provisions of Article XVI, Section 59 of the Constitution of Texas and Chapters 49 and 54, Texas Water Code, as amended, were created for the purpose of providing water, sewer and drainage services within each of the Districts' respective boundaries; and WHEREAS, at the time of creation of each of the Districts, it was believed by the City and the Districts that the property within each of the Districts' respective boundaries was wholly contained within the extraterritorial jurisdiction of the City and was not within the City's corporate limits; and WHEREAS, it was intended by the City and the Districts that the Districts would provide water, sewer and drainage facilities and services to the land within each of the Districts' respective boundaries until such time as the City annexed the Districts; and, therefore, that the City would not provide services or tax the property within the Districts until the time of annexation of the Districts; and DATED this the ®W day of 43,Y eCir , 2001. signature: @ i f vL d r ( 9' 2,r2. Printed Name: Mary Elizabeth Reynolds Residence Address: 3702 Glenhill Drive Voter Registration No.: 290923 Voter Precinct No.: 62 Lot 3, Block 2, Sedgefield Section 3 according to map or plat recorded in Vol. 20 at page 347-350, Map Records of Brazoria County, Texas LW: DATED this the S E? 1 3 2001 day of Signature: , 2001. Printed Name: Troy Louis Greene Residence Address: 2630 Rosemary Ct. Voter Registration No.: 295143 Voter Precinct No.: 58 Lot 16, Block 1, Woodbend Section 2 according to map or plat recorded in Vol. 20 at page 331-334, Map Records of Brazoria County, Texas WHEREAS, a portion of the property within each of the Districts' boundaries is also within the corporate limits of the City, said portion of property being a portion of the 100' Strip, including all or a portion of the Land; and WHEREAS, since all or a portion of the Land is both within the corporate limits of the City and within the boundaries of the Districts, the Petitioners are subject to taxation by the City and by one of the Districts; and WHEREAS, given all of the foregoing, Petitioners desire to the City disannex and detach a portion of the Land from the have City. NOW THEREFORE, in support the portion of the Land sought the corporate limits of the described by metes and bounds incorporated herein for all pu of this petition, Petitioners show to be disannexed and detached from City (the "Subject Portion") is in Exhibit "A" attached hereto and rposes. WHEREFORE, Petitioners respectfully pray that this petition be granted in all respects and that the City disannex and detach the Subject Portion of the Land from the corporate limits of the City in accordance with Section 43.142 of the Local Government Code and Section 1.04 of the Charter of the City of Pearland, Texas. [SIGNATURES COMMENCE ON FOLLOWING PAGE] DATED this the 2001. Signature: Ac\04( SE 3 2„3. GJJ! Printed Name: Dena Cain Greene Residence Address: 2630 Rosemary Ct. Voter Registration No.: 295140 Voter Precinct No.: 58 Lot 16, Block 1, Woodbend Section 2 according to map or plat recorded in Vol. 20 at page 331-334, Map Records of Brazoria County, Texas WHEREAS, a portion of the property within each of the Districts' boundaries is also within the corporate limits of the City, said portion of property being a portion of the 100' Strip, including all or a portion of the Land; and WHEREAS, since all or the corporate limits of the Districts, the Petitioners and by one of the Districts WHEREAS, given all of have the City disannex and City. a portion of the Land is both within City and within the boundaries of the are subject to taxation by the City ; and the foregoing, Petitioners desire to detach a portion of the Land from the NOW THEREFORE, in support of this petition, Petitioners show the portion of the Land sought to be disannexed and detached from the corporate limits of the City (the "Subject Portion") is described by metes and bounds in Exhibit "A" attached hereto and incorporated herein for all purposes. WHEREFORE, Petitioners respectfully pray that this petition be granted in all respects and that the City disannex and detach the Subject Portion of the Land from the corporate limits of the City in accordance with Section 43.142 of the Local Government Code and Section 1.04 of the Charter of the City of Pearland, Texas. [SIGNATURES COMMENCE ON FOLLOWING PAGE) DATED this the \O day of , 2001. Signature: d"'`e TGC Printed Name: Duc Tien Nguyen Residence Address: 3830 Glenhill Drive Voter Registration No.: 293380 Voter Precinct No.: 62 Lot 15, Block 2, Sedgefield Section 3 according to map or plat recorded in Vol. 20 at page 347-350, Map Records of Brazoria County, Texas Jr1 Peorfond 100' Strip SG4Lf.• 1 "=000' JONES & CARTER, INC. Cans -tilling Engineers flovslon, Texas nh1 .1.r nw i.u.�..� • C1. of CR 59 11 PP ay?i,l t •: CL of Old CR 90 (Property ©dry.) 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