Ord. 1489 2013-08-26 ORDINANCE NO. 1489
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY
MUNICIPAL UTILITY DISTRICT NO. 28 OF 33.765 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 33.765 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.1489
PASSED and APPROVED on FIRST READING this the 12th day of August A. D.,
2013.
-,)04/) er-4
TOM REID
MAYOR
ATTEST:
ALIti /10020
YOB/ G L!
CI�
SECRETARY
PASSED and APPROVED ON SECOND AND FINAL READING this the 26th day of
AUGUST , A. D., 2013.
TOM REID
MAYOR
ATTEST:
/ RL
r/
Yisil NG Lei -FING, 1 4MC1 =`- iç `"€
SE s ETARY
.tt1.i.1M,1,,„
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
2
[ EXHIBIT ]
PETITION FOR CONSENT TO ANNEX LAND INTO
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28
THE STATE OF TEXAS
COUNTY OF BRAZORIA
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS:
The undersigned, BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO.
28 (the "District"), and THE T. & B. ALEXANDER FAMILY, LTD. PARTNERSHIP, a
Texas limited partnership (the "Petitioner") acting pursuant to the provisions of
Chapters 49, Texas Water Code, particularly Section 49.301 of that Code, together with
all amendments and additions thereto, respectfully petition the City Council of the City
of Pear land, Texas (the "City"), for its written consent to the annexation by the District
of the 19.445 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:
The District is a municipal utility district duly created under the laws of the State
of Texas on Febru.ary 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.
IL
The Petitioner holds fee simple title to the Land, as indicated by the certificate of
ownership provided by the Brazoria County Appraisal District. Petitioner represents
that there are no lienhold.ers on the Land.
III.
The Land is situated wholly within Brazoria County, Texas. All of the Land is
within the corporate limits of the City. All of the Land may properly be annexed into
the District.
IV.
The general nature of the work to be done within the Land is the construction,
acquisition, maintenance and operation of a waterworks and sanitary sewer system, a
drainage and storm sewer system.
443403
There i for the following reasons, a necessity for the work. The
Land, which will be developed for commercial and/or residential al purposes, is urba in
nature, is within the growing environs of the City, is in close proximity to populous and
developed sections of Brazoria County, and within the immediate future will
experience a substantial and sustained residential and commercial growth. There is not
now available within the Land an adequate waterworks and sanitary sewer system nor
anadeqomtedrainagaeyuter4an«} itiaootpreyeut]yec000uically 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.
V.
The undersigned estimate, from such information as they have at this time, that
the cost of extendi the District's facilities to serve the Land is$7,340,845.00.
"^'
The Petitioner and the District agree and hereby covenant that if the requested
consent to the annexation of the Land to the District is given, the Petitioner and the
District will adopt and abide by the conditions set forth in Exhibit B, attached hereto
and incorporated herein for all purposes.
VII.
Gehan Homes, Ltd., a Texas limited partnership, 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.
WHEREFORE, the undersigned respectfully pray that this petition be heard and
granted in all respects and that the City give its written consent to the annexation of the
Land into the District.
[EXECUTION PAGES FOLLOW]
443403 -2-
RESPECTFULLY SUBMITTED on_a-4e ,A--,--t e? , 2013.
BRAZORIA COUNTY MUNICIPAL
UTILITY DISTRICT NO.28
-----A
By:
,., 1
Name: t, 'T-7A Qi i 1 ,,,,,, )11,,,,,,p_e ,7
1 -)
Title:
ATTEST:
(SE.i1,,:t*:,- A
i\,
By /61-4:AMIA i 0:
1,04
Name: 51C (am,k_. : C AiS
'\!." •I'' ' '''''
Title: -5-e C-?*e 14/Pc7,--
THE STATE OF TEXAS § 41,rtstflioo.,,'‘
§
COUNTY OF
This instrument was acknowledged before me on the " 'Clay of act-f,e-1.41,4 ,
t
2013, by -.21.-ef6 , ZiezaiAti--: , as foer ,'cl-t.ti and
11-1.--*744-/c1 A.VIV , as 11-_Cer ',Su/.7 , of the Board of Directors of BRAZORIA
COUNTY MUNICIPAL UTILITY DISTRICY-NO. 28, a political subdivision of the State
of Texas, on behalf of said political subdivision.
:1--Id-e-r0,-1 eoe-Ce d--71,—
Notary Public, State of Texas
(NOTARY SE --
./Onz SHARON GOVAN
i:....1,I MY COMMISSION EXPIRES
":4:,V;,0'
r___
March 29,2016 4
AVSVANIOCW*M.ifil
443403 -3-
THE T. &B. ALEXANDER FAMILY
LIMITED PARTNERSHIP, a Texas limited
partnership
By: T. & B. Alexander, Inc., a Texas
corporation, its General Partner
/V By: /14,,,,i,e.;°,-
Name: Vp,,,k2, /,'"iie,t.,404. ..k•
i
Title: // 5/( 4'
THE STATE OF TEXAS §
§
COUNTY OF 3.- _
...,..,-. ,... 4.3,VA §
e4-j This instrument instrument was acknowledged before me on th _ day
2013 by - , . . . , Cd-1-‘-.;,..... 0.... ,:14* of T. & B. Alexander, Inc.,
a Texas corporation, as General Partner of THE T. & B. ALEXANDER FAMILY
LIMITED PARTNERSHIP, a Texas limited partnership, on behalf of said corporation
and said limited partnership.
)\......_,.:.% _ v.r. . 4.--A-4.y...4...
NOtary Public, State of Texas
, „.... ,
-Sif:AY)1 HAYNES
.1A. MY COMMISSION EXPIRES
V .".9-'- November 10,2016
1,: *,',.'. _..
. _ ..
44340, -4-
GEHAN HOMES, LTD., a Texas limited partnership
Gehan Homes I, Inc., a Texas corporation, its
General Partner 2
By: L '—
John Tucker
Division President
THE STATE OF TEXAS
COUNTY OF -fir-ex...K.1
This instrument was acknowledged before me on „As.,,s,,a-k 2013, by
John Tucker, Division President of Gehan Homes I, Inc., a Texas corporation, General
Partner of GEHAN HOMES, LTD., a Texas limited partnership, on behalf of said
corporation and said limited partnership.
ditm*srfiN MARYSA DANIEL
MY COMMISSION EXPIRES
December 9,2013 Notary Public, State of Texas
(NOTARY S 77-
Attachments:
Exhibit A: Description of the Land
Exhibit B: Conditions of City
443403 -5-
EXHIBIT A
July 16, 2013
Job No. 1711-0013-202
DESCRIPTION OF
19.445 ACRES
PROPOSED ANNEXATION TRACT NO. 1
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28
Being 19.445 acres of land, located in the H. T. & B. R. R. Co. Survey, Section 1,
Abstract 233, and also the D. H. M. Hunter Survey, Abstract 76, Brazoria County, Texas, being
a portion of Lot 42, of W. Zychlinski's Subdivision, a subdivision of record in Volume 29, Page
43, Brazoria County Deed Records, B.C.D.R., and being the remainder of Lot 4, Walcott's
Pearland Subdivision, a subdivision of record in Volume 35, Page 241, B.C.D.R. and being all of
that certain called 19.4462 acre tract conveyed to T. & B. Alexander Family Ltd. Partnership by
an instrument of record under File No. 96-044930, Official Records of Brazoria County, Texas,
O.R.B.C.T., said 19.445 acres being more particularly described by metes and bounds as
follows (all bearings referenced to the Texas Coordinate System, South Central Zone, NAD 83
(2011 adjustment):
BEGINNING at a 5/8-inch iron rod with plastic cap marked "LJA ENG." set for the
Southeast corner of said 19.4462 acre tract and also being an angle point on the west right-of-
way line of Old Alvin Road (Width Varies);
Thence, with said west right-of-way line of Old Alvin Road, South 87° 10' 28" West, at
12.10 feet pass an angle point in said west right-of-way line of Old Alvin Road and also the
northeast corner of called Oakbridge Apartments, a subdivision of record under Volume 23,
Pages 347-348, Brazoria County Plat Records, B.C.P.R., continuing along the line common to
said 19.4462 acres and said Oakbridge Apartments, at 910.21 feet pass the common north
corner of said Oakbridge Apartments and the remainder of Tract I conveyed to Pearland UH,
L.L.C. by an instrument of record under File No. 97-035426, O.R.B.C.T., from which a found
iron rod with cap marked "Andrew Lonnie Sykes" bears North 445 57' 53" East, 0.24 feet, and
continuing along the line common to said 19.4462 acres and said Pearland UH, L.L.C. tract for
a total distance of 1,337.36 feet to a 1/2-inch iron pipe in concrete found for corner in the west
line of said Lot 42 and also being the common east corner of Lots 43 and 48, of said map or plat
of W. Zychlinski's Subdivision, from which a found 5/8-inch iron rod bears North 38° 32' 24"
West, 1.59 feet;
Page 1 of 2
1:1Projdsk l\SURVEY\171110013\DOCS\19_445ac.doc
19.445 acres July 16, 2013
Job No. 1711-0013-202
Thence, along the line common to said Lot 42 and 48, North 02° 40' 02" West, 633.48
feet to a 5/8-inch iron rod with plastic cap marked "LJA ENG." set for corner, being the common
west corner of said 19.4462 acres and the residue of that certain called 20.03 acre tract
conveyed to Gerald Koza, et al by an instrument of record under File No. 1998012733,
O.R.B.C.T.;
Thence, departing said common lot line and along the line common to said 19.4462
acres and said Koza tract, North 87° 10' 43" East, 1,337.00 feet to a 5/8-inch iron rod with
plastic cap marked "LJA ENG." set for corner on aforementioned west right-of-way line of Old
Alvin Road, from which an iron rod with cap found for the northwest corner of Lot 8, Block 1, of
The Lakes at Highland Green, Section One, a subdivision of record in Volume 23, Pages 35-36,
B.C.P.R, bears North 87° 10' 43" East, 106.13 feet;
Thence, along said west right-of-way line of Old Alvin Road, South 02° 42' 00" East,
633.38 feet (called 633.48 feet) to the POINT OF BEGINNING and containing 19.445 acres of
land.
"This document was prepared under 22 TAC § 663.21, does not reflect the results of an on the
ground survey, and is not to be used to convey or establish interests in real property except
those rights and interests implied or established by the creation or reconfiguration of the
boundary of the political subdivision for which it was prepared"
,r
r,. tr
LJA Engineering, Inc.
c1:,E1 1.1 t r_V .r.;.
4794 4
"),../ '-t ,v. _,t 4. lit.,;,. e,4
7 f/'
444���
//r
Page 2 of 2
is\P rojdsk i\SURVEY\1711\00131DOCS\19_445ac.doc
EXHIBIT B
(a) The City of Pearland, Texas (the "City"), by execution of its City Manager,
and the developer on behalf of the District have entered into and executed a utility
agreement that specifies the terms and conditions for providing water and sewage
treatment services to the District (the "Utility Agreement"). The District shall assume all
the rights, obligations, and interests of the developers under the Utility Agreement, as
set forth therein.
(b) The District may issue bonds, including refunding bonds, for any
purposes authorized by law, including but not limited to, purchasing, refinancing,
designing and constructing, or otherwise acquiring waterworks systems, sanitary sewer
systems, storm sewer systems, and drainage facilities, or parts of such systems or
facilities, and to make any and all necessary purchases, constructions, improvements,
extensions, additions, and repairs thereto, and to purchase or acquire all necessary land,
right-of-way, easements, sites, equipment, buildings, plants, structures, and facilities
therefor, and to operate and maintain same, and to sell water, sanitary sewer, and other
services within or without the boundaries of the District. Such bonds must provide that
the District reserves the right to redeem said bonds on any date subsequent to the
fifteenth (15th) anniversary of the date of issuance (or any earlier date at the discretion
of the District) without premium, and none of such bonds, other than refunding bonds,
will be sold for less than 95% of par; provided that the net effective interest rate on
bonds so sold, taking into account any discount or premium as well as the interest rate
borne by such bonds, will not exceed two percent (2%) above the highest average
interest rate reported by the Daily Bond Buyer in its weekly "20 Bond Index" during the
one-month period next preceding the date of the sale of such bonds. The resolution
authorizing the issuance of the District's bonds will contain a provision that the pledge
of any revenues from the operation of the District's water and sewer and/or drainage
system to the payment of the District's bonds will terminate when and if the City
annexes the District, takes over the assets of the District, and assumes all of the
obligations of the District.
(c) Before the commencement of any construction within the District, its
directors, officers, or developers and landowners will submit to the City, or to its
designated representative, all plans and specifications for the construction of water,
sanitary sewer and drainage facilities to serve the District and obtain the approval of
such plans and specifications therefrom. All water wells, water meters, flushing valves,
valves, pipes, and appurtenances thereto, installed or used within the District, will
conform to the specifications of the City. All water service lines and sewer service lines,
lift stations, and appurtenances thereto, installed or used within the District will comply
with the City's standard plans and specifications as amended from time to time. Prior
to the construction of such facilities within or by the District, the District or its engineer
will give written notice by registered or certified mail to the City, stating the date that
443403
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.
443403
CERTIFICATE
THE STATE OF TEXAS
COUNTIES OF BRAZORIA AND HARRIS §
1, 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.
V 7/4
WITNESS MY HAND AND SEAL OF SAID DISTRICT on theo day of
. 2013.
BRAZORIA COUNTY MUNICIPAL UTILITY
DISTRICT NO. 28
By Alk, ‘-Fe-C12/i)
41'
Secn. ary, Board of Directors
(SEAL)
- .
1,41100
443403
PETITION FOR CONSENT TO ANNEX LAND INTO
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28
THE STATE OF TEXAS §
COUNTY OF BRAZORIA §
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS:
The undersigned, BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO.
28 (the "District"), and KATHY JAN FREEMAN and KIM FREEMAN (collectively, the
"Petitioner") acting pursuant to the provisions of Chapters 49, Texas Water Code,
particularly Section 49.301 of that Code, together with all amendments and additions
thereto, respectfully petition the City Council of the City of Pearland, Texas (the "City"),
for its written consent to the annexation by the District of the 14.320 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 Brazoria County Appraisal District. Petitioner represents
that there are no lienholders on the Land.
III.
The Land is situated wholly within Brazoria County, Texas. All of the Land is
within the corporate limits of the City. All of the Land may properly be annexed into
the District.
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.
443419
There is,for the fol 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 growi environs of the City, is in close proximity to populous and
developed sections of Brazoria County, and within the immediate future will
experience a substantial and sustained residential and commercial growth. There is not
now available within the Land an adequate waterworks and sanitary sewer system nor
an adequate drainage system, and it is not �reeent y 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 o f the State's waters an d the public health and welfare of the
community.
V.
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$1,076,155.00
VI.
The Petitioner and the District agree and hereby covenant that if the requested
consent to the annexation of the Land to the District is given, the Petitioner and the
District will adopt and abide by the conditions set forth in Exhibit B, attached hereto
and incorporated herein for all purposes.
VII.
Gehan Homes, Ltd., a Texas limited partnership, has entered into an earnest
money contract to purchase the Land and desires to be considered a Petitioner for
addition of the Land to the District.
WHEREFORE, the undersigned respectfully pray that this petition be heard and
granted in all respects and that the City give itavvrithencnnyenttotheaonexati000ftbe
Land into the District.
[EXECUTiON PAGES FOLLOW]
443419 -2-
RESPECTFULLY SUBMITTED on 41-'7--"*---6d , 2013.
BRAZORIA COUNTY MUNICIPAL
UTILITY DISTRICT NO. 28
By: , -
.,..,..) ,
\ /
Namej A tg \, IN.\0,(,)11,_'.? I
,L2 i
Title:
ATTEST:
40.t4., IJ
(SEAL) 4: .4%;
4. z:
2 .
= ol
Name: 74 can ;ce_ ; ch-
14.1.14rof I leit4-0"
Title: 5-e Gt.' c--4/7,...
THE STATE OF TEXAS §
§
COUNTY OF Alert 0,:-.5 §
This instrument was acknowledged before me on the ! day okece____71,my6-- ,
2013, by 5 4 a( td2p.41?e k-- _, as pfc-.$:tierd--- , and
,,, i-e--(vii7 t lit4ce , as 5ec"-elf., 7, , of the Board of Directors of BRAZORIA
COUNTY MUNICIPAL UTILITY DISTRICt NO. 28, a political subdivision of the State
of Texas, on behalf of said political subdivision.
Notary Public,State of Texas
(NOTARY * -±..--
V‘, SHARON 00VaA
20tsir
E..: 1.,ks mst CoMMISSION IRES
14- 4. March 29, 16
'--„: ic:s
44'419 -3-
KATHY `AN FREEMAN
KIM FREEMAN
THE STATE OF TEXAS §
COUNTY OF ..tr c
This instrument was acknowledged before me on the Le day of s... i'°.__.J
2013 by KATHY JAN FREEMAN.
iiiii ilk
��� My e�b Notary Public, State of Texas
( , ; ° `EAL)4441.17 It Nil
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on the day of
2013 by KIM FREEMAN.
Notary Public, State of Texas
(NOTARY SEAL)
443419 -4-
KATHY JAN FREEMAN
KIM FREEMAN
THE STATE OF TEXAS §
§
COUNTY OF §
This instrument was acknowledged before me on the day of ,
2013 by KATHY JAN FREEMAN.
Notary Public,State of Texas
(NOTARY SEAL)
THE STATE OF TEXAS §
§
COUNTY OF
This instrument was acknowledged before me on the LP-41\day of
2013 by KIM FREEMAN.
SERENA ROBB
Notary Public,State of Texas
(-- ' ( i"
' - 11 lb t i y`
') Ct ' *- .
0 M;oCvoemmmbiesrsi3o0n,Expires , Notary Public, State of Texas
(NOTAI ,)""'"'"-------"
443419 -4-
GEHAN HOMES, LTD., a Texas limited partnership
Gehan Homes I, Inc., a Texas corporation, its
General Partner .7
By: (,____/.., ____.-.--
John I/ucker
Division President
THE STATE OF TEXAS §
1-1-04.)t'. §
COUNTY OF kR:RIS §
This instrument was acknowledged before me on } ,, .—wk- f .........._, 2013, by
John Tucker, Division President of Gehan Homes I, Inc., a Texas corporation, General
Partner of GEHAN HOMES, LTD., a Texas limited partnership, on behalf of said
corporation and said limited partnership.
k.....:it_k_.:::
1m MARYSA DANIEL
" MY COMMISSION EXPIRES
December 9,2013 40.
Notary Public, State of Texas
(NOTARY SEAL)
Attachments:
Exhibit A: Description of the Land
Exhibit B: Conditions of City
443419 -5-
EXHIBIT A July 16, 2013
Job No. 1711-0013-202
DESCRIPTION OF
14.320 ACRES
PROPOSED ANNEXATION TRACT NO. 2
BRAZORIA COUNTY MUNICPAL UTILITY DISTRICT NO. 28
Being 14.320 acres of land located in the W.D.C. Hall League, Abstract 70, Brazoria
County, Texas, more particularly being a portion of Lot 3 and Lot 4 of the George W. Jenkins
Subdivision, a subdivision of record in Volume 79, Page 616 of the Brazoria County Deed
Records (B.C.P.R), also being the residue of a 2.5 acre tract (described as the Northeast 1/4 of
Lot 3) conveyed to Kathy Freeman by instrument of record in Volume 1009, Page 57 of said
B.C.D.R., and the residue of a 7.5 acre tract (described as the Southwest 3/4 of Lot 3) of which
an undivided one-half interest was conveyed to Kim Freeman by instrument of record in File
Number 99-010744 of the Brazoria County Official Records (B.C.O.R.), and an undivided one-
fourth interest, each, was conveyed to Kim Freeman and Kathy Jan Freeman, by instrument of
record in File number 96-044065 of said B.C.O.R., and the residue of a 5 acre tract (described
as the Southwest 1/2 of Lot 4) of which an undivided one-half interest was conveyed to Kathy
Freeman, by instrument of record in File Number 99-010744, of said B.C.O.R. and an undivided
one-fourth interest, each, was conveyed to Kim Freeman and Kathy Jan Freeman, by
instrument of record in File Number 96-044065, of said B.C.O.R., (all bearings referenced to the.
Texas Coordinate System, South Central Zone, NAD 83, 2001 adjustment);
BEGINNING at the most westerly corner of a called 0.1461 acre tract conveyed to the
City of Pearland, by an instrument of record in File Number 2004023434, B.C.O.R., same being
on the northwesterly right-of-way line of Dixie Farm road (120 feet wide), being a point on the
northeasterly line of Oakbrook Estates, Section Six, a subdivision of record in Volume 24, Page
346 of the Brazoria County Plat Records, B.C.P.R, and a point on the southwesterly line of
aforementioned Lot 3.;
Page 1 of 3
1:\Projdskl\SURVEY\1711\0013\ROCS\14_320_AC.doc
14.320 acres July 16, 2013
Job No. 1711-0013-202
Thence, North 48° 21' 04" West, along the northwest line of said Oakbrook Estates,
Section Six and the southwest line of said Lot 3, pass at 383.67 feet a 5/8-inch iron rod with cap
stamped "SURVCON" found for the most easterly common corner of Lot 2 and Lot 3, Block 1 of
said Oakbrook Estates, Section Six, pass at 513.69 feet a 5/8-inch iron rod with cap stamped
"SURVCON" found for the most easterly common corner of Lot 4 and Lot 5, Block 1 of said
Oakbrook Estates, Section Six, pass at 773.53 feet a 5/8-inch iron rod with cap stamped
"SURVCON" found for the most easterly common corner of Lot 8 and Lot 9, Block 1 of said
Oakbrook Estates, Section Six, and continuing in all a distance of 981.68 feet to point for corner,
same being a reentrant corner on the northeasterly line of said Oakbrook Estates, Section Six
and the most westerly corner of aforementioned Lot 3;
Thence, North 41° 40' 41" East, along a southeasterly line of said Oakbrook Estates
Section Six and the northwesterly line of said Lot 3, pass at 53.74 feet, a found 5/8-inch iron rod
with cap stamped "SURVCON" found marking an angle point on the northeasterly line of said
Oakbrook Estates, Section Six and the south corner of Oakbrook Estates, Section Two, a
subdivision of record in Volume 19, Page 553-554 of said B.C.P.R., and continuing along the
southeasterly line of Oakbrook Estates, Section Two, and Oakbrook Estates Section One of
record in Volume 19, Page 343-344, B.C.P.R., and along the northwesterly line of
aforementioned Lot 3 and Lot 4, continuing in all a distance of 634.49 feet to a point for corner,
same being the north corner of aforementioned 5 acre tract, from which a 1/2-inch iron rod,
found marking a reentrant corner on the south line of said Oakbrook Estates Section One, bears
North 41° 40' 41" East, 317.24 feet;
Thence, South 48° 27' 30" East, along the northeasterly line of said 5 acre tract, 981.69
feet to a point for corner on the northwesterly right-of-way line Dixie Farm Road (120 feet wide),
same being the north corner of that certain called 0.0974 acre tract conveyed to the City of
Peartand, by an instrument of record in Fiie Number 2004023433, B.C.O.R.;
Page 2 of 3
I:\Projdsk i\SURVEY\1711\0013\DOCS\14_320_AC.doc
14.320 acres July 16, 2013
Job No. 1711-0013-202
Thence, South 41" 40' 42" West, along said northwesterly right-of-way line of Dixie Farm
Road, 636.33 feet to the POINT OF BEGINNING and containing 14.320 acres of land, of which
2.387 acres is owned by Kathy Freeman and 11.933 acres of undivided interest is owned by
Kim Freeman and Kathy Jan Freeman.
This document was prepared under 22 TAC § 663.21, does not reflect the results of an
on the ground survey, and is not to be used to convey or establish interests in real property
except those rights and interests implied or established by the creation or reconfiguration of the
boundary of the political subdivision for which it was prepared"
,:.-11.
,,
LJA Engineering, Inc.
Kr12lr ii. 1i0r':RUE .
5 ;�.N. , 4797 c
/y VJ8t9:,
4' .
`4rZe/3
Page 3 of 3
1:\Projdsk 1\SURVEY\1711\0013\DOC S\14_320_AC.doc
EXHIBIT B
(a) The City of Pearland, Texas (the "City"), by execution of its City Manager,
and the developer on behalf of the District have entered into and executed a utility
agreement that specifies the terms and conditions for providing water and sewage
treatment services to the District (the "Utility Agreement"). The District shall assume all
the rights, obligations, and interests of the developers under the Utility Agreement, as
set forth therein.
(b) The District may issue bonds, including refunding bonds, for any
purposes authorized by law, including but not limited to, purchasing, refinancing,
designing and constructing, or otherwise acquiring waterworks systems, sanitary sewer
systems, storm sewer systems, and drainage facilities, or parts of such systems or
facilities, and to make any and all necessary purchases, constructions, improvements,
extensions, additions, and repairs thereto, and to purchase or acquire all necessary land,
right-of-way, easements, sites, equipment, buildings, plants, structures, and facilities
therefor, and to operate and maintain same, and to sell water, sanitary sewer, and other
services within or without the boundaries of the District. Such bonds must provide that
the District reserves the right to redeem said bonds on any date subsequent to the
fifteenth (15th) anniversary of the date of issuance (or any earlier date at the discretion
of the District) without premium, and none of such bonds, other than refunding bonds,
will be sold for less than 95% of par; provided that the net effective interest rate on
bonds so sold, taking into account any discount or premium as well as the interest rate
borne by such bonds, will not exceed two percent (2%) above the highest average
interest rate reported by the Daily Bond Buyer in its weekly "20 Bond Index" during the
one-month period next preceding the date of the sale of such bonds. The resolution
authorizing the issuance of the District's bonds will contain a provision that the pledge
of any revenues from the operation of the District's water and sewer and/or drainage
system to the payment of the District's bonds will terminate when and if the City
annexes the District, takes over the assets of the District, and assumes all of the
obligations of the District.
(c) Before the commencement of any construction within the District, its
directors, officers, or developers and landowners will submit to the City, or to its
designated representative, all plans and specifications for the construction of water,
sanitary sewer and drainage facilities to serve the District and obtain the approval of
such plans and specifications therefrom. All water wells, water meters, flushing valves,
valves, pipes, and appurtenances thereto, installed or used within the District, will
conform to the specifications of the City. All water service lines and sewer service lines,
lift stations, and appurtenances thereto, installed or used within the District will comply
with the City's standard plans and specifications as amended from time to time. Prior
to the construction of such facilities within or by the District, the District or its engineer
will give written notice by registered or certified mail to the City, stating the date that
443419
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 Pear land.
443419
CERTIFICATE
THE STATE OF TEXAS §
§
COUNTIES OF BRAZORIA AND HARRIS §
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 61-4-6,4--.X"'--.. , 2013.
714
WITNESS MY HAND AND SEAL OF SAID DISTRICT on the day of
.._..._:__ , 2013.
BRAZORIA COUNTY MUNICIPAL UTILITY
DISTRICT NO. 28
BT•______2 -. ....,-._ t
` 'j Secretary, Board of Directors
(SEAL)
0
403
443419