Ord. 1493 2013-10-28ORDINANCE NO. 1493
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, APPROVING THE ANNEXATION OF
APPROXIMATELY 294.93 ACRES BY BRAZORIA COUNTY
MUNICIPAL UTILITY DISTRICT NO. 22.
WHEREAS, Brazoria County Municipal Utility District No. 22 (the "District") is
located within the extraterritorial jurisdiction of the City of Pearland, Texas ("City"); and
WHEREAS, the City consented to the creation of the District by Resolution No.
2000-128 dated October 23, 2000; 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 "Petition for Consent to Include Additional Land in
Brazoria County Municipal Utility District No. 22" (the "Petition") relative to 294.93 acres
of land is 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 294.93 acres described in the Petition
and the exhibit attached hereto, into the District conditioned upon the terms set forth in
Resolution No. 2000-128.
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. 1493
PASSED and APPROVED ON FIRST READING this the 14th day of October, A.
D., 2013.
ATTEST:
APPROVED AS TO FORM:
DAR, IN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
PASSED and APPROVED ON SECOND AND FINAL READING this the 28th day
of October, A. D., 2013.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
ct Lige
TOM REID
MAYOR
2
Ordinance No. 1493
Exhibit "A"
City of Pearland
Municipal Utility Districts
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ALLEN BOONE HUMPHRIES ROBINSON LLP
ATTORNEYS AT LAW
PHOENIX TOWER
3200 SOUTHWEST FREEWAY
SUITE 2600
HOUSTON, TEXAS 77027
TEL (713) 860-6400
FAX (713) 060-640I
abhcnom
Direct Line: (713) 860-6424
Direct Fax: (713) 860-6624
VIA MESSENGER
Mr. Darrin Coker
City of Pearland
3519 Liberty Drive
Pearland, TX 77581-5415
Linda Sotirake
lsotirake@abhr.com Legal Assistant
October 3, 2013
Re: Proposed Annexation of Land by Brazoria County Municipal Utility
District No. 22 (the "District")
Dear Mr. Coker:
Enclosed for review by the City of Pearland are the following documents related
to the proposed annexation to the District:
Annexation of 294.93 Acres:
1. Original Petition for Consent to Annex Land into the District ("Petition")
from the District and Savannah Development, Ltd., including a metes and
bounds description and Exhibit "B"; and
2. the boundary map of the District as enlarged by the tracts proposed for
annexation.
The District has examined the feasibility of the annexation of the referenced
tracts and has concluded that it is in the best interest of all parties to proceed with the
annexation.
452137
Please call me at (713) 860-6424 if you have any questions regarding this request
for City consent to the annexation.
Sincerely,
Lina ake
gal Assistant
Enclosures
452137
PETITION FOR CONSENT TO ANNEX LAND INTO
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 22
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. 22 (the
"District"), Savannah Development, Ltd., and Brazoria County Municipal Utility
District No. 21, a political subdivision of the State of Texas (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, for its
written consent to the annexation by the District of the tracts of land described by metes
and bounds in Exhibit A (the "Land"). In support of this petition, the undersigned
would show the following:
I.
The District Is a municipal utility district created by the Texas Natural Resource
Conservation Commission on June 18, 2001. The District is governed by the provisions
of Chapters 49 and 54, Texas Water Code.
II.
The Petitioner holds fee simple title to the Land sought to be annexed to the
District, as indicated by the certificate of ownership provided by the Brazoria County
Appraisal District.
The Land is situated wholly within Brazoria County and Fort Bend County,
Texas. No part of the Land is within the limits of any incorporated city, town or village,
and no part of the Land is within the extraterritorial jurisdiction (as such term is defined
in Local Government Code Section 42.001 et seq., as amended) of any city, town or
village except the City of Pearland, Texas. All of the territory proposed to be annexed
may properly be annexed into the District.
Iv.
The Land is described by metes and bounds in Exhibit A, which is attached
hereto and incorporated herein for all purposes.
435119
V.
The general nature of the work to be done in the area sought to be annexed into
the District is the construction, acquisition, maintenance and operation of a waterworks
and sanitary sewer system, a drainage and storm sewer system, parks and recreational
facilities, and fire -fighting facilities.
VI.
There is, for the following reasons, a necessity for the above-described work. The
Land proposed to be annexed into the District, which will be developed for commercial
and/or residential purposes, is urban in nature, is within the growing environs of the
City of Pearland, Texas, 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
area sought to be annexed to the District an adequate waterworks and sanitary sewer
system, drainage and storm system, parks and recreational facilities, nor fire -fighting
facilities, and it is not presently economically feasible for the area sought to be annexed
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, drainage and storm sewer system, parks and recreational facilities, and fire-
fighting facilities, 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, drainage
and storm sewer system, parks and recreational facilities, and fire -fighting facilities, so
as to promote the purity and sanitary condition of the State's waters and the public
health and welfare of the community.
on the Land.
VII.
The Petitioner hereby certifies that there are no qualified voters residing
VIII.
The District agrees and hereby covenants that if the requested consent to the
annexation of the Land to the District .is given, the District will adopt and abide by the
conditions set forth in Exhibit B, attached hereto and incorporated herein for all
purposes.
Ix.
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 sought to be annexed is
$18,831,219 and will require the authorization of additional bonds by the District.
435119
WHEREFORE, the undersigned respectfully pray that this petition be heard and
granted in all respects and that the City of Pearland, Texas, give its written consent to
the annexation of the Land into the District.
[EXECUTION PAGES FOLLOW]
435119
RESPECTFULLY SUBMITTED this 20th day of May, 2013.
ATTEST:
By:
(SEAL)
THE STATE OF TEXAS
COUNTY OF HARRIS
BRAZORIA COUNTY MUNICIPAL UTILITY
DISTRICT NO. 22
By:
President, Board of Directors
This instrument was acknowledged before me on this 20th day of May, 2013, by
Staci Posten as President of the Board of Directors of Brazoria County Municipal Utility
District No. 22, a political subdivision of the State of Texas, on behalf of said political
subdivision.
y: ?i L.INDASOTIRAKE
NOTARY PUBLIC
State o1 Tcxat;
Comm. Exp. OR/31/2010
(NOTARY SEAL)
435119
(
otary Public, Stage of Texas
THE STATE OF TEXAS §
COUNTY OF HARRIS
SAVANNAH DEVELOPMENT, LTD.,
a Texas limited partnership
By: Lennar Texas Holding Company,
a Texas corporation, its General
Partner
/or- I
►� W. Hammond
Vice President
This instrument was acknowledged before me on this 20th day of May, 2013, by
John W. Hamrnond, Vice President of Lennar Texas Holding Company, a Texas
corporation, as General Partner of SAVANNAH DEVELOPMENT, LTD., a Texas
limited partnership, on behalf of said corporation and said limited partnership.
(NOTARY SEAL)
o}611.,.w
�A I 1ST'
e
1
MONICA D VEGA DUFFIELD
My Commission Expires
February 23, 2016
435119
Notary Public
ATTEST:
Bv:
Secretary, Board of Directors
(SEAL)
THE STATE OF TEXAS
COUNTY OF HARRIS
§
BRAZORIA COUNTY MUNICIPAL UTILITY
DISTRICT NO. 21
By:
President, Board of Directors
This instrument was acknowledged before me on this Na `Tday of
2013, by IY iti1114)lQwr14 as President of the Board of Directors and
Gj
(01 41^- � 1 i1$5as Secretaryof the Board of Directors of Brazoria CountyMunicipal
p
Utility District No. 21, a political subdivision of the State of Texas, on behalf of said
political subdivision.
RINE; CAMPBELL
MY COMMISSION EXPIRES
%.s wSeptornber25, 2016
435119
Notary Public, State of exas
(NOTARY SEAL)
CERTIFICATE
THE STATE OF TEXAS §
§
COUNTY OF BRAZORIA §
I, the undersigned Secretary of the Board of Directors of Brazoria County
Municipal Utility District No. 22, 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. 22 that was filed with the Board of Directors of the
District on May 20, 2013,
WITNESS MY HAND AND SEAL OF SAID DISTRICT this 20th day of May,
2013,
(SEAL)
435119
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111
BRAZORIA COUNTY MUNICIPAL UTILITY
DISTRICT NO. 22
By:
Sectary, Board of Directors
BRAZORIA COUNTY M.U.D. 22
FIRST ANNEXATION, TRACT 1
103.60 ACRES
JULY 5, 2005
3013 NO, 02260
DESCRIPTION OF A .103.60 -ACRE TRACT OF LAND
SITUATED IN THE MANUEL ESCALERO SURVEY, A-170
AND THE A. B. LANOERMANN SURVEY, A-456
FORT BEND COUNTY, TEXAS
BEING a 103.60 -acre tract of land situated in the Manuel Escalero Survey, Abstract No.170 and in the
A. B. Langermann Survey, Abstract No. 456, Fort Bend County, Texas, being out of a 128.956 -acre
tract of land described as Tract 4 in a deed recorded' at Fort Bend CountyClerk's.File No.
2000080225, said'103:60-acre tract being more particularly described by metes and bounds as follows:
COMMENCING at a 3/8 -inch iron rod found for the most easterly southeast corner of said
128.956 -acre tract and being in the northerly right -of --way line of Bmzoria County Road No. 58 (Post
Road), and being in Brazoria County, Texas.
THENCE S 58°24'23" W, 211.87 feet along the northerly right-of-way line of Brazoria County Road
No. 58 and along a southerly line of said 128.956-aore tract to an angle point;
THENCE S 87°03'53" W, 214.55 feet along the northerly right-of-way line of Brazoria County Road
No. 58 and along a southerly line of saki 128.956 -acre tract to a point in a westerly line of Brazoria
County, same being an easterly line of Fort Bend County, said point being the southeast corner and
POINT OF BEGINNING of the tract described herein;
THENCE S 87°03'53" 1968,31 feet along the northerly right-of-way line of Post -Del Bello Road (road
name changed) and along the southerly line of said 128.956 -acre tract to the southwest corner of said
128.956 -acre tract;
THENCE N 11"37'17" E, 1795.26 feet along a westerly line of said 128.956 -acre tract to the lower
northwest Corner of said 128.956 -acre tract and being in a southerly line of Ridgewood Estates, a plat
of which is recorded on Slides 72A, 72B, 73A and 73 B of the Fort Bend County Plat Records;
THENCE N 86°45'25" E, 1054.58 feet along a northerly line of said 128.956 -acre tract and along a
southerly line of said Ridgewood Estates to a re-entrant corner of said 128.956 -acre tract and to a
southeast corner of said Ridgewood Estates;
THENCE N 11'46'35" E, 1215.41 feet along a westerly line of said 128.956 -acre tract and along an
easterly line of said Ridgewood Estates to the most northerly northwest corner of said 128.956 -acre
tract and to a re-entrant corner of said Ridgewood Estates;
THENCE N 86°31'02" E, 918.41 feet along a northerly line oink! 128.956 -acre tract and along a
Southerly line of said Ridgewood Estates to a point for a corner and being in an easterly line of Fort
Bend County, same being a westerly line of Brazoria County;
THENCE S 11 °41'59" W, 3026.11 feet along a common county line of said Fort Bend County and
said Brazoria County to the POINT OF BEGINNING and containing 103.60 acres of laud.
R1ProjectslfbemudBBCMUt)21-02] 15\Admi 103.60ac.doc
J
BRAZORIA COUNTY M.U,D. 22
FIRST ANNEXATION, TRACT 1
103.60 ACRES
PAGE 2
Bearing orientation is based on the call S 03°09'57" E, 5150.81 feet for an easterly line of a
299.509 -acre tract of land described as Tract 3 in a deed recorded at Brazoria County Clerk's File No.
00-037203 and manumented on the ground with a 518 -inch iron rod found on each end of said call.
This map or plat was prepared under 22 Texas Annotated Code # 663.21 and reflects the results of a
survey completed on the ground, and the assembly of instruments of record to describe and draw the
political boundary limits of the Brazoria County Municipal Utility District No. 22, and is not to be used
to Convey or establish interests in real property except those rights and interest implied or established
by the reaction or reconfiguration of the boundary of the political subdivision for which it was
prepared.
R:1ProjectsVbcm¢d\i3CMUD21-02115\AdmitAl03 60ac.dx
Edward F. Taylo , RAS No. 1. 5
Brown & Gay Engineers, Inc.
11490 Westheimer Road, Suite 700
Houston, Texas 77077
Telephone: (281) 558-8700
BRAZORIA COUNTY M.JJ.D. 22
FIRST ANNEXATION, TRACT 2
22.00 ACRES
JULY 5, 2005
JOB NO.02260
DESCRIPTION OF A 22.00 -ACRE TRACT OF LAND
SITUATED IN THE A. B. LANGERMANN SURVEY, A-456
AND IN THE A.C.H. & B. SURVEY, SECTION 1, A-403
BRAZORIA COUNTY, TEXAS
BEING a 22.00 -acre tract of land situated in the A. B. Langermann Survey, Abstract No. 456 and in
the A.C.H. & B. Survey, Section 1, Abstract No. 403, Brazoria County, Texas, being partly out of a
128.956 -acre tract of land described in a deed recorded at Brazoria County Clerk's File No.00 037203
and being all of a 12.1995 -acre tract of land described in a deed recorded at Brazoria County Clerk's
File No, 95 009009, said 22.00 -acre tract of land being more particularly described by metes and
bounds as follows:
BEGINNING at a 1 1/4 -inch iron pipe found for the southeast corner of said 12.1995 -acre tract, for the
most southerly southwest corner of a 299.509 -acre tract of land described in said deed recorded at
Brazoria County Clerk's File No. 00 037203, for the most southerly southwest corner of Brazoria
County M.U.D. 22 (a 327.38 -acre tract of land) and being in the northerly line of Brazoria County
Road No, 58 (Post Road);
THENCE S 86°59'54" W, 884.01 feet along the southerly line of said 12.1995 -acre tract and along the
northerly line of said Brazoria County Road No. 58 to a 318 -inch iron rod found for the common
southerly corner of said 12.1995 -acre tract and said 128.956 -acre tract;
THENCE S 58°24'23" W, 211.87 feet along the northerly line of Brazoria County Road No. 58 and
along a southerly line of said 128.956 -acre tract to an angle point;
THENCE S 87°03'53" W, 214.55 feet along a northerly line of Brazoria County Road No. 58 and.
along a southerly line of said 128.956 -acre tract to a point for a corner and being in a westerly line of
Brazoria County, same being an easterly line of Fort Bend County;
THENCE N 11°41'59" E, 3026.11 feet along a common line of Brazoria County and Fort Bend
County to a point for a corner and being in the most northerly north line of said 128.956 -acre tract;
THENCE N 86°31'02" E, 69.51 feet along said north line of said 128.956 -acre tract and along a
southerly line of Ridgewood Estates, a plat of which is recorded in Volume 11, 1'age 47 of the Brazoria
County Plat Records to the most westerly northwest corner of Brazoria County M.U.D. 22, a
327.38 -acre tract of land;
THENCE S 11°55'55" W, 2230.10 feet along a westerly line of said 327.38 -acre tract to a the most
westerly southwest corner of said 327.38 -acre tract;
THENCE in an easterly direction along a southerly Boundary of said 327.38 -acre tract as follows:
N 86°36'48" E, 615.45 feet to a corner;
N 78°02'43" E, 65.08 feet to a corner;
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BRAZORIA COUNTY M.U.D. 22
FIRST ANNEXATION, TRACT 2
22.00 ACRES.
PAGE 2
N 89°54'08" E, 340.69 feet to a corner
corner of said 12.1995 -acre tract;
THENCE S 03°09'36" E, 668.71 feet along the easterly
westerly line of said 327.38 -acre tract to the POINT OF
land.
of said 327.38 -acre tract and for the northeast
line of said 12.1995 -acre tract and along a
BEGINNING and containing 22,00 acres of
Bearing orientation is based on the call S 03°09'57" E, 5150.81 feet for an easterly line of a
299.509 -acre tract of land described as Tract 3 in a deed recorded at Brazoria County CIerk's File No.
00-037203 and monuinented on the ground with a 518 -inch iron rod found on each end of said call.
This map or plat was prepared under 22 Texas Annotated Code # 663.21 and reflects the results of a
survey completed on the ground, and the assembly of instruments of record to describe and draw the
political boundary limits of the Brazoria County Municipal Utility District No. 22, and is not to be used
to convey or establish interests in real property except those rights and interest implied or established
by the creation or reconfiguration of the boundary of the political subdivision for which it was
prepared.
R1Pivjects\Fbamud\BCMUD21-02;1S1Admin122.0oac.doe
ward F. Taylor, RPLS No. I 5
Brown & Gay Engineers, Inc.
11490 Westheimer Road, Suite 700
Houston, Texas 77077
Telephone: (281) 558-8700
BRAZORIA COUNTY M.U.D. 22
FIRST ANNEXATION, TRACT 3
169.33 ACRES
APRIL 15, 2010
J013 NO. 02261-60
DESCRWI ION OF A 169.33 ACRE TRACT OF LAND
SITUATED IN THE II. T. & B. R. R. COMPANY SURVEY, A-302
BRAZORIA COUNTY, TEXAS
BEING a 169.52 acre tract of land situated in the H. T. & B. R. R. Company Survey, Section 77,
Abstract No. 302, Brazoria County, Texas, being all of a 46,048 -acre tract of land described in a deed
recorded at I3razoria County Clerk's File No. 00-010645, being all of a 39.706 -acre tract of land
described in a deed recorded at Brazoria County Clerk's File No. 99-046773, being all of a 39.622 -acre
tract of land described in a deed recorded at Brazoria County Clerk's File No. 99-056875 and being
44.15 acres of land out of a 75.537 -acre tract of land described in a deed recorded at Brazoria County
Clerk's File No. 98-019056, said 169.52 -acre tract being more particularly described by metes and
bounds as follows (Bearing orientation is based on the eall S 03°09'57" E, 5150.81 feet for an easterly
line of a 299.509 -acre tract of land described as Tract 3 in a deed recorded at Brazoria County Clerk's
File No. 00-0372.03 and monurnented on the ground with a 5/8 -inch iron rod found on each end of said
call):
BEGINNING at a 5/8 -inch iron rod with a Brown & Gay cap found for the southeast corner of said
39.622 -acre tact and being in the northerly line of County Road 58 (Post Road);
THENCE S 86°13'52" W, 700.71 feet along the southerly line of said 39.622 -acre tract and along the
northerly line of said County Road 58 to a 5/8 -inch iron rod with a Brown & Gay cap found for the
common southerly corner of said 39.622 -acre tract and said 39.706 -acre tract;
THENCE S 86°45'43" W, 700.51 feet along the southerly line of said 39.706 -acre tract and along the
northerly line of County Road 58 to a 5/8 -inch iron rod found for the common southerly comer of said
39.706 -acre tract and said 46.048 -acre tract;
THENCE in a westerly direction along the southerly boundary of said 46.048 -acre tract and along the
northerly boundary of said County Road 58 as follows:
S 86°52'55" W, 700.62 feet to a 5/8 -inch iron rod found for an angle point;
S 66°57'14" W, 96.97 feet to a 5/8 -inch iron rod found for an angle point;
5 64°59'21" W, 12.77 feet to a 5/8 -inch iron rod found for the southwest corner of said
46.048 -acre tract and being in the easterly line of a 299.509 -acre tract of land described as
Tract 3 in a deed recorded at Brazoria County Clerk's File No. 00-037203, same being the
easterly line of an 80 -foot wide Reliant Energy HL & P easement described in an instrument
recorded at Brazoria County CIerk's File No. 01-042744;
THENCE N 03°09'57" W, 2506.99 feet along the westerly line of said 46.048 -acre tract, along the
easterly lute of said 299.509 -acre tract and along the easterly line of said 80 -foot wide easement to a
5/8 -inch iron rod found for the northwest corner of said 46.048 -acre tract and for the southwest corner
of said 75.537 -acre tract;
BRAZORIA COUNTY M.U.U. 22
FIRST ANNEXATION, TRACT 3
169.33 ACRES
PAGE 2
THENCE N 86°52'44" E, along the southerly line of said 75.537 -acre tract and along the northerly
line of said 46.048 -acre tract, at a distance of 819.48 feet passing a 518 -inch iron rod found for the
common northerly cover of saki 46.048 -acre tract and said 39.706 -acre tract, continuing along the
southerly line of said 75.537 -acre tract and along the northerly line of said 39.706 -acre tract a total
distance of 923.26 feet to a 5/8 -inch iron rod with a Brown & Gay cap found for the southwest corner
of said 44.15 -acre tract;
THENCE N 03°03'37" W, 1480.38 feet along the westerly line of said 44.15 -acre tract to a 5/8 -inch
iron rod with a Brown & Gay cap found for the northwest corner of said 44.15 -acre tract and being in
the northerly line of said 75.537 -acre tract, same being the southerly line of a 21.399 -acre tract of land
described in a deed recorded at Brazoria County Clerk's File No. 01-025587;
THENCE N 86°52'45" E, 1300.15 feet along the northerly line of said 75,537 -acre tract and along the
southerly line of said 21.399 -acre tract to 5/8 -inch iron rod found for the northeast corner of said
75.537 -acre tract and said 44.15 -acre tract, for the northwest comer of a 19.972 -acre tract of land
described in a deed recorded at Brazoria County Clerk's File No. 98-018166, and being in the center
line of Kincade Road (40 feet wide) as shown on the plat of Allison Richey Gulf Coast Home Company
Subdivision, Section 77 recorded in Volume 2, Page 98 of the Brazoria County Plat Records;
THENCE S 02'58'12" E, 1320.06 feet along the easterly line of said 75.537-acret tract and said 44.15 -
acre tract, along the westerly line of said 19.972 -acre tract, and along the centerline of said Kincade
Road to a 5/8 -inch iron rod found for an angle point and for the southwest corner of said 19.972 -acre
tract;
THENCE S 02°47'56" E, along the easterly line of said 75.537 -acre tract and said 44.15 -acre tract, at
a distance of 160,32 feet passing a 518 -inch iron rod found for the southeast corner of said 75.537 -acre
tract and said 44.15 -acre tract, and for the northeast corner of said 39.622 -acre tract, continuing and
along the easterly line of said 39.622 -acre tract a total distance of 2620.23 feet to the POINT OF
I3EGINNING and containing 169.52 acres of land;
SAVE AND EXCEPT a 0.1837 -acre tract of land situated in the H.T.&B.R.R. Company Survey,
Section 77, Abstract No. 302, Brazoria County, Texas, being all of that land described in a deed
recorded at Brazoria County Clerk's File No. 2009056217, said 0.1837 -acre tract being more
particularly described by metes and bounds as follows (Bearing orientation is based on the call N
03°09'57" W, 2506.99 feet for the westerly line of a 46.05 -acre tract of land described in a deed
recorded at Brazoria County Clerk's File No. 200500371 and monutnented on the ground with a
5/8 -inch iron rod found on the end of said call):
COMMENCING at a 5/8 -inch iron rod found for the southwest corner of said a 46.05 -acre tract
of land described in a deed recorded at Brazoria County Clerk's File No. 2005000371, same
being the southeast corner of a 299.509 -acre tract of land described as Tract 3 in a deed recorded
at Brazoria County Clerk's File No. 00 037203 and being in the easterly line of an 80 -foot wide
Reliant Energy FIL&P easement described in an instrument recorded at Brazoria County Clerk's
File No. 01 042744 and being in a northerly occupied line of Brazoria County Road No. 58 (Post
Road):
BRAZORIA COUNTY M.U.D. 22
FIRST ANNEXATION, TRACT 3
169.33 ACRES
PAGE 3
THENCE N 03°09'57" W, 1709.38 feet along the westerly line of said 46.05 -acre tract, along an
easterly line of said 299.509 -acre tract and along the easterly line of said 80 -foot wide easement
to the southwest corner and POINT OF BEGINNING of the tract described herein;
THENCE N 03°09'57" W, 100.00 feet along the westerly line of said 46.05 -acre tract, along an
easterly line of said 299.509 -acre tract and along the easterly line of said 80 -foot wide easement
to a corner;
THENCE N 86°50'03" E, 80.00 feet to a corner;
THENCE S 03°09'57" E, 100.00 feet to a comer;
THENCE S 86°50'03" W, 80,00 feet to the POINT OF BEGINNING and containing 0.1837
acres of land.
The herein described tract contains a net acreage of 169.33 acres of land.
This map or plat was prepared under 22 Texas Annotated Code #663.21 and reflects the results of a
survey completed on the ground, and the assembly of instruments of record to the describe and draw
the political boundary limits of the Brazoria County Municipal Utility District No, 22, and is not to be
used to convey or establish interests in real property except those rights and interest implied or
established by the reaction or reconfiguration of the boundary of the political subdivision for which it
was prepared.
RIPROJEC SIBCMUD\B°mO22102261,6010I ADMIN1169 33MT31.doc
Glenn Fisher, RP1.S No. 4146
Brown & Gay Engineers, Inc.
10777 Westheimer Road, Suite 400
Houston, Texas 77042
(281) 558-8700
EXHIBIT 13
(a) The City of Pearland, Texas (the "City"), by execution of its City Manager,
andthe 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 Qty, stating the date that
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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.
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