R-2015-001 2015-01-26RESOLUTION NO. R2015-1
A Resolution of the City Council of the City of Pearland,
Texas, approving the annexation by Brazoria County Municipal
Utility District No. 34 of approximately 31.127 acres of land
generally located on the west side of CR 48, west of the Southern
Trails Subdivision and south of Broadway Street.
WHEREAS, Brazoria County Municipal Utility District No. 34 (the "District") is
located within the corporate limits of the City of Pearland, Texas ("City"); 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 City Council of the City of Pearland, Texas, hereby
specifically gives its written consent to the annexation of approximately 31.127 acres
as described further in Exhibits "A" and "B" attached hereto, into the District.
Section 4. This Resolution 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.
PASSED and APPROVED ON FIRST AND ONLY READING this the 26th
day of January, A. D., 2015.
RESOLUTION NO. R2015-1
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
```,,:111 Sg11
2
Resolution No. R2015-1
Exhibits "A and B"
October 3, 2014
EXHIBIT A Job No. 1406-3701
DESCRIPTION OF
8.722 ACRES
H. T. & B. R.R. CO. SURVEY, ABSTRACT 538
BRAZORIA COUNTY, TEXAS
Being 8.722 acre of land located in the Northeast Quarter of Section 84, H. T. & B. R.R.
CO. Survey, Abstract 538, Brazoria County, Texas, more particularly being a portion of that
certain called 10 acre tract conveyed to Joe R. and Lois Darlene Laney by an instrument of
record in Volume 1310, Page 260, O.P.R.B.C.TX., said 8.722 acre tract being more particularly
described in two parts by metes and bounds as follows (all bearings referenced to the Texas
Coordinate System, South Central Zone, NAD83);
BEGINNING at 5/8 -inch iron rod with cap stamped "Laney" found marking the common
south corner of that certain called 0.1364 acro tract conveyed to Brazoria County by an
instrument of record under File Number 2012026896, O.P.R.B.C.TX., and that certain called
2.72 acre tract conveyed to John T. McMahan by an instrument of record under File Number
2012028590, O.P.R.B.C.TX., and the northwest corner of that certain called 0.4349 acre tract
conveyed to Brazoria County by an instrument of record under File Number 2007028839,
O.P.R.B.C.TX.. said point also being in the north line of the aforementioned 10 acre tract and
the current right of way line of C.R. 48;
Thence, South 03° 15' 31" East, along said right of way line and the west fine of the
aforementioned 0.4349 acre tract, 631.60 feet to a 5/8 -inch iron rod with cap stamped "Weisser"
found marking the southwest corner of said 0.4349 acre tract, being in the south line of said 10
acre tract and the north right-of-way line of Faydur Court (40' wide) as shown on Allison -Richey
Gulf Coast, a subdivision of record in Volume 2, Page 98, of the Plat Records of said Brazoria
County, Texas, (B.C.P.R.);
Page 1
1:1ProJdsk t1SURVEY\t 40fi\3701\Docs\B_722 ACRES annexatlon.doc
8/22 Acres October 3, 2014
Job No. 1406-3701
Thence, South 86° 43' 54" West, along said south line and said north right-of-way line,
600.17 feet to a 5/8 -inch iron rod with cap stamped "LJA ENG" set marking the common south
corner of said 10 acre tract and that certain called 20 acre tract conveyed to John T. McMahan
by an instrument of record under File Number 2003015336, O.R.B.C.TX.;
Thence, North 03° 15' 31" West, along the common line of said 20 acre tract and said 10
acre tract, 634.50 feet to a 5/8 -inch iron rod with cap stamped "Laney" found marking the
common west corner of said 10 acre tract and said 2.72 acre tract;
Thence, North 87° 00' 32" East, along the common line of said 10 acre tract and said
2.72 acre tract, 600.17 feet to the POINT OF BEGINNING and containing 8.722 acres of land.
Note: 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.
n
Guy G dale, RPL' .�-
Registered Professional Land Surveyor
Texas Registration No. 6202
LJA Engineering, Inc.
Page 2
°Ey
j�,••
..t
GUY WILLIAM GRISDALE
.0 6202
e�bFPssQ`' O�
'' St1F1'1
I.1Projdskl\SURVEY11406137011nocs18_722 ACRES arnoxation.doc
SOUTHERN TRAILS WEST. SEC. 1
00C.N0. 2006041142 13.CP.R.
N
PEARLANO CITY
Melvin Raymond St:Ield Jr.
Called 3.0 Acre'.
DOC. No. 20110124.10
0,P.R.6.0 TX.
Mehta Raymond Shield Jr.
CaIlad 2.0 Acres
Doc. No. 2011011440
0 P.R.B.C.TX.
John T. McMahan
Called 2.72 Acres
F.N. 2012028590
O.P.R.&.C.TX.
6RAZOHIA COUNTY
(30' WtOC)
OALLEO 0.7364 ACRE
1.1.4 20.=005 7 857
0 P.G. B.C. rx.
ORAZORIA COUN7Y—
(30' WOE)
CALLED 0.7364 ACRE
I.N. 20 12026096
O.R.H.8.C.Tx.
1,187'00'32.E
3/L'IJt.
w/Litur.v
R.0.1e
600.17'
P.4.�
5/01.6. NAME? GP
Joe R. and Lois Darlene Laney
Called 10 Acres
Vol. 1310, Page 260
D.R.B.C.TX.
TOTAL SURVEY
8.722 Acres
H.T. & B. RR CO. SURVEY,
ABSTRACT 530, SECTION 04
S86'43.54'F 600.17'
5/81AL
ORAZORIA COUNTYWIDE)
CALLED 0.4349 ACRE
r.N. 2007028839
0
b
ID
M
m
r
5/O1.RNi
s/e'.a. W/743$ Ell c'r
FAYDUR COURT (4O' ROW)
R.010.
ALLISON—Ri 1EY GULF COAST HOME COMPANY
INCLINE 2 PAGE 98 8.C.P.R.
TOMMY
1) 47 bearkys referenced W the Texas Coon7:'n8U System, South
CoMrel Zone, NAD 03 (2001 adjusted)
2) Thie document arae prepared under 2.2 7AC 603.21 and
done not reflect the results of an on the Ground survey. It is
nct to be used to convoy or oatob.'sh Interests in real
prunwrty ...apt Nose rights awl Interest ImpCed or established
by the crevUon or recordTguruUon of the boundary of the
poflI1co! subdivision for which 13 wcs prepor+d.
3) Metes and bounds dexrlpt:en prepared ler subject tract on
seperute Instrument by the u'doro3nsd dotod October 3, 2014.
5Arift
RO.W.
/1+o :SER CAP -1
suwAT 6c JURAIWAN SUPPATKUL
CALLED 9 849 ACRES
FILE NO. 99 043615
0.P.R.8.C.7X.
Page 3
a
26
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zd
27 W p
20 3
19
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101
SOUTHERN TRAILS
SECTION 11
OOC.NO. 2011051458
8.C.P.R.
ANNEXATION EXHIBIT
OF 8.722 ACRES
LOCATED IN THE
H.T. &, B. R.R. CO. SURVEY,
ABSTRACT 538, SECTION 84,
BRAZORIA COUNTY, TEXAS
OCroeER IC 4
LJA Enpfncertnp, Inc.
2919 Griorporll Drive
Sults 600
Houston. T9903 77042 7.8
A2 770. 1406-3701
1I
Phone 7I3.053.52oO
Fax 713.053.5026
.P.L.S. Firm No. 10{10501
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
510230
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.
510230
CERTIFICATE
THE STATE OF TEXAS §
§
COUNTY OF BRAZORIA §
I, the undersigned Secretary of the Board of Directors of Brazoria County
Municipal Utility District No. 34, 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. 34 that was filed with the Board of Directors of the
District on this 5.1.3' day of Ovcon- ie - , 2014.
WITNESS MY HAND AND SEAL OF SAID DISTRICT on this 5' day of
.(2 robe , 2014.
BRAZORIA COUNTY MUNICIPAL
UTILITY DISTRICT NO. 34
By: ,y(��
ecretary, Board of Directors
PETITION FOR CONSENT TO ANNEX LAND INTO
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 34
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. 34 (the "District"), and JOHN T. McMAHAN ( 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 22.405 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 August 30, 2004. 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.
lI.
The Petitioner holds fee simple title to the Land, as indicated by the certificate of
ownership provided by the Brazoria County Appraisal District. The Petitioner
represents that there are no lienholders on the Land other than Texas Gulf Bank, N.A.
The Land is situated wholly within Brazoria County, Texas. As of the date of this
Petition, all of the Land is located within the exclusive extraterritorial jurisdiction (as
such term is defined in Chapter 42, Local Government Code, as amended) of the City.
The Petitioner has represented to the District that the Land is currently in the process of
being annexed by the City into its corporate limits (the "City Annexation"). The District
has agreed, subject to receipt of City consent, as evidenced by granting this Petition,
together with completion of the City Annexation, to annex the Land into the boundaries
of the District. Once the City Annexation is complete, all of the Land may properly be
annexed into the District.
511273
IV.
The general nature of the work to be done within the Land is the construction,
acquisition, maintenance and operation of a waterworks and sanitary sewer system,
and a drainage and storm sewer system.
V.
There is, for the following reasons, a necessity for the above-described work. The
Land, which will be developed for commercial and/or residential purposes, is urban in
nature, is within the growing environs of the City, is in close proximity to populous and
developed sections of Brazoria County, and within the immediate future will
experience a substantial and sustained residential and commercial growth. There is not
now available within the Land an adequate waterworks and sanitary sewer system nor
an adequate drainage system, and it is not presently economically feasible for the Land
to provide for such systems itself. Because the health and welfare of the present and
future inhabitants of the Land and of lands adjacent thereto require the construction,
acquisition, maintenance and operation of an adequate waterworks and sanitary sewer
system, and a drainage and storm sewer system, a public necessity exists for the
annexation of the Land into the District, to provide for the purchase, construction,
extension, improvement, maintenance and operation of such waterworks and sanitary
sewer system, and such drainage and storm sewer system, so as to promote the purity
and sanitary condition of the State's waters and the public health and welfare of the
community.
VI.
The undersigned estimate, from such information as they have at this time, that
the cost of extending the District's facilities to serve the Land is $1,933,000.00.
VII.
The Petitioner and the District agree and hereby covenant that if the requested
consent to the annexation of the Land to the District is given, the Petitioner and the
District will adopt and abide by the conditions set forth in Exhibit B, attached hereto
and incorporated herein for all purposes.
WHEREFORE, the undersigned respectfully pray that this Petition be heard and
granted in all respects and that the City give its written consent to the annexation of the
Land into the District.
[EXECUTION PAGES FOLLOW]
-2-
511273
RESPECTFULLY SUBMITTED on this 511' day of Ott- pmbe� , 2014.
ATTEST:
By:
Name: -Ti 6v;5 Mc Gvir^_
Title: 5 e cc-s},c‘.\
THE STATE OF TEXAS
COUNTY OF r-kao 1.5
BRAZORIA COUNTY MUNICIPAL
UTILITY DISTRICT NO. 34
By:
Name: �t;urt i1Dn lSi
Title: "Fret,1'64,e4a-
(SEAL)
This instrument was acknowledged before me on this Soh day of
Ottern6eft, , 2014, by & anihan-,pig as
Pres; Aen* , and TYAv:s rrc_Cw irk , as 5ec_rekarki of the
Board of Directors of BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 34, a
political subdivision of the State of Texas, on behalf of said political subdivision.
(NOTARY SEAL)
x, - -
lw Y JANET TOPEKSWARTZ
: = MY COMMISSION EXPIRES
1, ;;ay` May26, 2017
511273
-3-
otary Public, State of Teas
THE STATE OF TEXAS §
COUNTY OF \\A S
OHN T. McMAHAN
This instrument was acknowledged before me on this
An v a.n Sea— , 2014 by JOHN T. McMAHAN.
(NOTARY SAL)
L1►bi
R,�, , � TRACI 1. LOPEZ
i 'r- Notary Public, State of Texas
+' k? My Commission Expires
s ?a.
�,gm% February 15, 2017
•/•
i
cAh�ta a lie State of Texas
/3
Attachments:
Joinder of Assignee of Earnest Money Contract
Exhibit A: Description of the Land
Exhibit B: Conditions of the City
day of
After recording, return to: Allen Boone Humphries Robinson LLP, 3200 Southwest
Freeway, Suite 2600, Houston, Texas 77027, Attn: Yvonne Onak.
-4-
511273
JOINDER OF ASSIGNEE
BEAZER HOMES TEXAS, L.P., a Delaware limited partnership ("Beazer"), as
assignee of the earnest money contract between Petitioner and Gromax Development,
LLC, to purchase the Land, desires to be considered a petitioner with Petitioner for
consent to annex the Land into the District.
IN WITNESS WHEREOF, Beazer has executed this Petition as of the date and
year set forth herein.
BEAZER HOMES TEXAS, L.P., a Delaware
limited partnership
By: Beazer Homes Texas Holdings,
Inc., a Delaware corporation, its
general partner
BEAZER HOMES TEXAS HOHumos Texas, l P)
DIt•IGS, INC.
(As general partner of '
Name:
rtltlon and Development • Houston
STATE OF TEXAS
COUNTY OF1--IN
By:
§
Title:
This instrument was acknowledged before mer this t day of
14, by s_ P'(%/41\) &2 `V r �NVr) of
Beazer Homes Texas Holdings, Inc., a Delaware corporation, general partner of
BEAZER HOMES TEXAS, L.P., a Delaware limited partnership, on behalf of said
corporation and said limited partnership.
(NOTA
511273
et0g., JULIE SUE GLASS
'.;.•• •cs Notary Public. State of Texas
My Commission Expires
%i';jMoy 13, 2015
Notary Public, Stat of Texas
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 arty 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
511273
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
PIanning 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.
511273
EXHIBIT A
DESCRIPTION OF
19.679 ACRES
H. T. & B. R.R. CO. SURVEY, ABSTRACT 538
BRAZORIA COUNTY, TEXAS
October 7, 2014
Job No. 1406-3701
Being 19.679 acre of land located in the Northeast Quarter of Section 84, H. T. & B. R.R.
CO. Survey, Abstract 538, Brazoria County, Texas, more particularly being all of that certain
called 20 acre tract conveyed to John T. McMahan by an instrument of record under File
Number 2003015336 of the Official Public Records of said Brazoria County, Texas,
(O.P.R.B.C.TX.), said 19.679 acre tract being more particularly described by metes and bounds
as follows (all bearings referenced to the Texas Coordinate System, South Central Zone,
NAD83);
COMMENCING for reference at 5/8 -inch iron rod with cap stamped "Laney" found
marking the common south corner of that certain called 2.72 acre tract conveyed to John T.
McMahan by an instrument of record, under File Number 2012028590, O.P.R.B.C.TX. and that
certain called 0.1364 acre tract conveyed to Brazoria County by an instrument of record under
File Number 2012026896, O.P.R.B.C.TX., and the northwest corner of that certain called 0.4349
acre tract conveyed to Brazoria County by an instrument of record under File Number
2007028839, O.P.R.B.C.TX., said point also being in the north line of that certain called 10 acre
tract, conveyed to Joe R. and Lois Darlene Laney by an instrument of record in Volume 1310,
Page 260 of the Deed Records of Brazoria County Texas (D.R.B.C.TX.) and the current right of
way line of C.R. 48;
Thence, South 87° 00' 32" West, along the common line of said 2.72 acre tract and said
10 acre tract, 600.17 feet to a 5/8 -inch iron rod with cap stamped "Laney" found marking the
POINT OF BEGINNING, of the herein described tract, same being the common west comer of
said 2.72 acre tract and said 10 acre tract, being in the east line of said 20 acre tract;
Page 1
1:1Prgdsk1\SURVEY\;406\3701\Oocs\19_769 ACRES.doc
19.679 Acres October 7, 2014
Job No. 1406-3701
Thence, South 03° 15' 31" East, along the common line of said 20 acre tract and said 10
acre tract, 634.50 feet to a 5/8 -inch iron rod with cap stamped "LJA ENG" set marking the
common south corner of said 20 acre tract and said 10 acre tract, being in the north right-of-way
line of Faydur Court (40' wide), as shown on Allison -Richey Gulf Coast a subdivision of record in
Volume 2, Page 98, of the Plat Records of said Brazoria County, Texas, (B.C.P.R.);
Thence, South 86° 43' 54" West, along the south line of said 20 acre tract and the north
right-of-way line of said Faydur Court, 658.38 feet to a 5/8 -inch iron rod with cap stamped "LJA
ENG" set marking the southwest corner of said 20 acre tract, same being the southeast corner
Lot 40, Block 4 as shown on Southern Trails West Section 1 a subdivision of record in
Document Number 2006041142, B.C.P.R.;
Thence, North 03° 07' 52" West, along the west line of said 20 acre tract and an east line
of said Southern Trails West Section 1, 1,304.79 feet to a 5/8 -inch iron rod with cap stamped
"LJA ENG" set marking the northwest corner of said 20 acre tract, same being an interior corner
of said Southern Trails West Section 1;
Thence, North 86° 50' 07" East, along the north line. of said 20 acre tract and a south line
of said Southern Trails West Section 1, 656.88 feet to a 5/8 -inch iron rod with cap stamped "LJA
ENG" set marking the common north corner of said 20 acre tract and that certain called 2.0 acre
tract conveyed to John G. and Yolanda Vasquez by an instrument of record under Document
Number 1987482229, O.P.R.B.C.TX.;
Page 2
1:1Projdskl\SURVEY\ 11106\3701\Docs\19_769 ACRES.dac
19.679 Acres October 7, 2014
Job No. 1406-3701
Thence, South 03° 08' 19" East, along the common line of said 20 acre tract and said
2.0 acre tract, at 141.05 feet pass a 518 -inch iron rod with cap stamped "Weisser' found marking
the common west corner of said 2.0 acre tract and that certain called 3.0 acre tract conveyed to
Melvin Raymond Shield Jr. by an instrument of record under Document Number 2011012440
and 2013044706, O.P.R.B.C.TX., continuing along the common line of said 20 acre tract and
said 3.0 acre tract, at 339.13 feet pass the common west corner of said 3.0 acre tract and that
certain called 2.0 acre tract conveyed to Melvin Raymond Shield Jr. by an instrument of record
under Document Number 2011012440 and 2013044706, O.P.R.B.C.TX., continuing along the
common line of said 20 acre tract and the aforementioned 2.0 acre tract, at 471.19 feet pass a
518 -inch iron rod with cap stamped "Laney" found marking the common west comer of said 2.0
acre tract and the said 2.72 acre tract, continuing in all a total distance of 669.10 feet to the
POINT OF BEGINNING and containing 19.769 acres of land.
Gu W. Csdale, RPL 1OVVW44,
Reg tared Professiona Land Surveyor
Texas Registration No. 6202
LJA Engineering, Inc.
Page 3
I:\Projdsk 1\ SURVEY\ 1406\3701 \Oocs\19_769 ACRES.dcc
:9
SCALE r - 120'
20
21
22
23
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25
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PEARLANO
CITY WITS'
FT I
SOUTHERN LS wrsr S 1 I I ( I
DOC. NO. 2006041142 I.C/0 1I 9 1 0 1 7 1 6 1 3 1 e 13
r4 { 13 12 r1 I I 1 I
1' i I , I I PfARLAA'0 _l-
I �_J_�L_y.— -CIT7S
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Lam_ 5/ John 6r, do
11 Ylanda Va]41%e7
es Co11ad 2.0 Aeras
Ooc. No.
:387482229
O.P.R.G•C.TX.
N88'50'07'E 856.88'
5/81.9. 1N/w4155ER CAP
John T. McMahan
Coifed 20 Acres
F.N. 2003015336
0.R.B.C.TX.
5/01.9. WAANEY CAP
TOTAL SURVEY
19.679 ACRES
H.T. & RR CO. SURVEY,
ABSTRACT 038, SECTION 84
FAVOUR COURT (40' ROW)
VOL. 2. PAGE 98 (B.C.P.K.)
686'43'54'W 858.38'
•5• kart q0' ROW) ------
COURT ( — — —
—_— FAVOUR ------ RaK�jI 1
—_—�— Il el !
AIDSOY-RICNEY car cOAsr NOUS Cc PANY I
VOWAIE 2, PACE 98 R.GP.R.
S03 p8'19'E 669.10'
PEARLANO CITY 1JM1T9
PEARLANO
(X TY mars
\lelvin Raymond Shinto, Jr.
Co908 3.0 Acre=
Doc. No. 2011072440
O.P.R.B.C.TX.
1 1 0
laf,(elvirCo:Nl Raymand Aclroed Jr. 1
No
2
Doc. No. 20110124.40 �
C.P.R.R.C.?%. a'
°Won, ca9.91
0( 11 a.+]64 AnRrS
f. N. 20i 2a2aaYa
CA..ILO. C.TX.
Jahn 1'. McMonnn
Called 2.72 Acre:
F. Q.P.R1 8.2.78500
ssr00'32'W 900.17'
r
iy 4
` , O
1 1
P.O.C. 1, 1
5/81.8. W/G)MEY GAP ! 1 0
II /4
1 a
4
N^
P.O.E.
5/8'1.8. W/L.ANEY CAR
011,301 a ColmY�
pu LLO
2a3809 0.Ut.T02
9
pr+ 9
Joe R. o ri4 Leis oorlono Loney
Coiled 10P Acrope 260
Voi. 7310.
O.R.a.C. TX.
Ra11t
556'43'54-W 600- —
NOTES:
1) NI bearings referenced to the Texes Coordinate System, South
Csntrol Zone, 9.113 83 (2001 adjusted)
2) This document was prepared under 22 TAC 663 21 and
don not reflect the results of an on the ground surrey. It Is
not lo be wed to convey or e9toblish Interests In real
property except those fights and interest Implied or estobEshed
by the creation or recan6guration of the boundcry of the
politkcl aubdMslon for which It was prepared.
3) Notes and bounds deseriptko prepofed for eublect tract on
slperote Instrument by Ilse undersigned doted October 3, 2014.
OVT . C305941.5., RP1.5 6 +2
to./t I i1Z-o i4
ANNEXATION EXHIBIT
OF 19.679 ACRES
LOCATED IN THE
H.T. & B. R.R. CO. SURVEY,
ABSTRACT 538, SECTION 04,
BRAZORIA COUNTY, TEXAS
0010001 2014 J50 NO. 1405-3781
LJA Englnacriny, Inc.
2929 Orlarpork Orlvc Phone 713.953.5200
Suite 600 Fox 713.953.5026
Houston, Texas 77042 T.9.P.L.S. Firm No. 10110501
LJ!
Page 4
October 3, 2014
Job No. 1406-3701
DESCRIPTION OF
2.726 ACRES
H. T. & B. R.R. CO. SURVEY, ABSTRACT 538
BRAZORIA COUNTY, TEXAS
Being 2.726 acre of land located in the Northeast Quarter of Section 84, H. T. & B. R.R.
CO. Survey, Abstract 538, Brazoria County, Texas, more particularly being all of that certain
called 2.72 acre tract conveyed to John T. McMahan by an instrument of record under
Document Number 2012028590, O.P.R.B.C.TX., said 2.726 acre tract being more particularly
described by metes and bounds as follows (all bearings referenced to the Texas Coordinate
System, South Central Zone, NAD83);
BEGINNING at 5/8 -inch iron rod with cap stamped "Laney" found marking the common
south corner of the aforementioned 2.72 acre tract and of that certain called 0.1364 acre tract
conveyed to Brazoria County by an instrument of record under File Number 2012026896,
O.P.R.B.C.TX., and the northwest corner of that certain called 0.4349 acre tract conveyed to
Brazoria County by an instrument of record under File Number 2007028839, O.P.R.B.C.TX.,
said point also being in the north line of that certain called 10 acre tract conveyed to Joe R. and
Lois Darlene Laney by an instrument of record in Volume 1310, Page 260, O.P.R.B.C.TX. and
the current right of way line of C.R. 48;
Thence, South 87° 00' 32" West, along the common line of said 2.72 acre tract and said
10 acre tract, 600.17 feet to a 5/8 -inch iron rod with cap stamped "Laney" found marking the
common west corner of said 2.72 acre tract and said 10 acre tract, same being in the east line
of that certain called 20 acre tract conveyed to John T. McMahan by an instrument of record
under File Number 2003015336, O.R.B.C.TX.;
Page 5
V:\Projdsk1\SURVEY11406\37011Docs12__726 ACRES annexat:on.doc
2.726 Acres October 3, 2014
Job No. 1406-3701
Thence, North 03° 08' 19" West, along the common line of said 20 acre tract and said 2.72 acre
tract, 197.91 feet to a 5/8 -inch iron rod with cap stamped "Laney" found marking the common
west corner of said 2.72 acre tract and that certain called 2.0 acre tract conveyed to Melvin
Raymond Shield Jr. by an instrument of record under Document Number 2011012440 and
2013044706, O.P.R.B.C.TX.;
Thence, North 87° 00' 32" East, along the common fine of said 2.0 acre tract and said
2.72 acre tract, 599.76 feet to a 5/8 -inch Iron rod found marking the common north corner of
said 2.72 acre tract and the aforementioned 0.1364 acre tract, being in said right of way line of
C.R. 48;
Thence, South 03° 15' 31" East, along said right of way line and the common line of said
2.72 acre tract and said 0.1364 acre tract, 197.91 feet to the POINT OF BEGINNING and
containing 2.726 acres of land.
Note: 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.
•
Guy W. Gritale, RPL
ha%11)*N4.
Registered Professional Land Surveyor
Texas Registration No. 6202
LJA Engineering, Inc.
Page 6
I:\Proidskl\SURVEY;1405\37011Docs12_726 ACRES annoxalion.doc
EST. SEC.
SOUTHERN DOC.N0. 20060 1142S 1
B.C.P.R.
SCALE 1'I•• 100'
a
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NCEm
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PEARLAND CITY
Melvin Raymond Shield Jr.
Coiled 3.0 Acres
Doc. a.P.R?B.C.TX2440
ce Shied Jr.
Melvin Raymond
Colied 2.0 Acr2S
00C. No. 2011012440
0.P.R.6.C.TX.
I N8700'32*E 599.76'
W
0
5/518. W/LAJIEY CIDP
1
A
01
BIIAZORIA COUNTY
:AU. E3 0.7330' 64)
DACRE I
I.N. 22009051857�\ 1
o.P.R H.C.TX• Y'
5/91n.-1�
John T. McMahan
Called 2.72 Acres
F.N. 2012028590
O.P.R.6.C.TX.
TOTAL SURVEY
2.726 Acres
5/61.0.
9RAZORL4 COUNTY
(30' WIDE)
CALLED 0.1364 ACRE
7.N. 2012026806
D.P.R.D.C.TX.
N&7'00.322E 600.17'
5/61s+ 8/LAREY CAP
5/81R. W/ J4IEY CAP
Joe R.
and Lois Darlene
Called 10 Acres
Vol. 1.310, Page 260
D.R.B.C.TX.
Loney
H.T. & a. RR CO. SURVEY,
ABSTRACT 5313„ SECTION 84
5/8YR.
1
al 13'
I i l
I � 1
I C) I
1 1
1 1 1
1
11
l
eRAZORIA COUNTY I r
CALLED 0.4,349) ACRC\Iy,
F.N. 2007028839 I 1 I
0.P.R.B.C.TX. I I
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5/81.0.
5/01.R. venal CAP \ 1
......\...1111
PEARLANDCITY LIMITS - RawRaw______ _.^^-----^^^ R.0.1ty �,
-^^ FAYDUR COURT (40' ROW) aw -1
-----------------
^ ^ -- — ^ ^ 55/51.R.W/MD«R 1 i
I
. ^ R. p-,- — ._
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id al
1
1
ALLISON -R VOLUME
GULF PACO 98 B.HOME
COMPANY
1
TOMMY SUWAT 6e JURAMVAN 5UPPA7KUL
FILE
NO. CALLED999ACRES
043615
c.P.R.B.C.TX.
1tOfE5:
1) All bootlegs referenced to the Texas Cood(tate System, South
Control tau, HAD 83 (2001 adjusted)
2) Thiel document was prepared under 22 TAC 663.21 and
does not reflect the. reaulta of an on the ground surrey. It is
not to be used to convey or establish Interests In real
property *scent those rights and Interest 7mpIled or established
by the creation or reconfiguration of the boundary of the
political subdivision for which it was prepared.
3) Nato and bounds dearrlpllon prepared for subject trod on
separate Instrument by the undersigned dated October 3. 2014.
51,1 Fr. CRRPLS 620
Page 7
19
18
I 17
16
1Idt
le4
1
sou�cnNN TRAILS
D0C.N0. 2011051468
8.c.P.R.
/ ,
ANNEXATION EXHIBIT
OF 2.726 ACRES
LOCATED IN THE
H.T. & B. R.R. CO. SURVEY,
ABSTRACT 538, SECTION 84,
BRAZORIA COUNTY, TEXAS
007081R 2014
LJA Engineering, Inc.
2929 Brlarpott( Drive
Suite 600
408 N0. 1400-3701
114
Phone 713.953.5200
Fax 713.953.5026
Houston, Texas 77042 T.B.P.L.S. Firm No. 10110501
ti
CERTIFICATE
THE STATE OF TEXAS §
COUNTY OF BRAZORIA §
I, the undersigned Secretary of the Board of Directors of Brazoria County
Municipal Utility District No. 34, 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. 34 that was filed with the Board of Directors of the
District on this 5* day of DPrpmheg, , 2014.
WITNESS MY HAND AND SEAL OF SAID DISTRICT on this 6311 day of
OeL 4ef- , 2014.
(SEAL)
511273
BRAZORIA COUNTY MUNICIPAL
UTILITY DISTRICT NO. 34
By:
Secretary, Board of Directors
City of Pearland
In -City MUD Application Checklist
MUD # Brazoria County MUD No. 34
Date November 26, 2014
Attach this sheet as a cover to the completed information and check each box.
'' Fully completed City of Pearland In -City MUD Data Form.
L�!Existing Subdivisions Form.
Proposed Subdivisions Form.
0f/Existing Non -Residential Businesses Form.
[ Proposed Non -Residential Businesses Form.
Anticipated Future Annexations Form.
Vicinity map of the entire City on a 24 x 36 sheet clearly showing location of the
existing in -city MUD (if applicable) and the proposed annexation tract(s) — 12 copies.
Show the existing and proposed zoning (if different)for each existing MUD tract and
each proposed tract to be annexed.
LE(Detailed map of each tract (1"=200' scale) — 12 copies, and an AutoCAD drawing
21c (.DWG) on CD or 3-1/2" floppy disk (Texas State Plane South Central NAD 83).
i
Fully completed and signed annexation petitions with metes and bounds boundary
descriptions for all tracts — 12 copies.
Consent by the City of Pearland for in -city MUD creations and annexations into existing in -
city MUDs is not final until the adoption on second reading of the creation/annexation
ordinance. The annexation/creation ordinance will only be considered simultaneously with
the first and second readings of the zoning ordinance, if required, for the property under
consideration. The applicant is advised to examine the schedule requiretnents for the zoning
process to ensure timely consideration of this application.
Due to changes in market conditions and other variables, neither the MUD nor the
developer(s) guarantee any of the projections or estimates provided in thi Ap.Jication.
Developer (a to his/her tracts only)
Alc,„ i leve 11Q
Printed Name
Attach separate signatures as needed.
C:\Users\ghu\AppData\Local\Microsoft\Windows\Temporary Internet
Files\Content.Outlook\XJ003799\MUD-Appli cation_2003.doc
July 21, 2003
City of Pearland
In -City MUD Data Form
MUD # BCMUD No. 34
Date: December 3, 2014
General Information
1 Proposed Zoning Classification (also show on map)
Existing
MUD
P.U.D.
2
Projected Date of Completion of All Homes/Businesses
2014
Proposed
Tract(s)
R1 -CLUSTER
2015
Area
Existing
MUD
Proposed
Tract(s)
Total
3
Total Acreage
656.787
32.220
689.007
4
Currently Platted Residential Acreage (including road rights of way)
500.801
0.000
500.801
5
Currently Platted Commercial Acreage (including road rights of way)
143.623
0.000
143.623
6
Currently Undeveloped Acreage
0.000
28.184
28.184
7
Projected Undeveloped Acreage to be Platted Residential
0.000
28.184
28.184
8
Projected Undeveloped Acreage to be Platted Commercial
0.000
0.000
0.000
9
Current and Projected Detention & Transmission Utility Easements (acres)
0.000
4.036
4.036
10
All Other Acreage (Landscaping Reserves, Parks, etc)
12.363
0.000
12.363
Note Lines 7 and 8 should total to Line 6.
Lines 4, 5, 6, 9, and 10 should total to Une 3. Line 3 should equal the total acreage in the MUD or the Proposed Tracts.
Residential Lots
Existing
MUD
Proposed
Tracts)
Total
11
Total Existing and Planned Residential Lots
1144
99
1243
12
Number of Currently Completed/Occupied Homes
1144
0
1144
13
Number of Currently Completed Lots
0
0
0
14
Number of Lots Under Construction
0
0
0
15
Number of Future Lots
0
99
99
Note Lines 12, 13, 14, and 15 should total to Line 11
Property Values
Existing
MUD
Proposed
Tract(s)
Total
16
Most Recent BCAD/FBCAD Valuation (Date: April 1, 2014)
$ 266,502,010
S 410,210
S 266,912,220
17
Projected Total Valuation at Build Out Date
S 428,093.900
$ 27,720,000
$ 455,813,900
18
Projected Residential Valuation at Build Out
S 241,384,000
$ 27,720,000
$ 269,104,000
19
Projected Commercial Valuation at Build Out
$ 186.709,900
$ -
$ 186,709.900
20
Estimated Average Home Value (Date: January 1, 2013)
S 200.000
S
$ 200,000
21
Estimated Average Home Value - at Build Out
S 211.000
S 280.000
$ 216,496
Note Lines 18 and 19 should total to Line 17
Property Tax Revenues
Existing
MUD
Proposed
Tracts)
Total
22
Pre -Development General Fund Taxes @S0.22211$100 (Date Jan. 1, 2014)
S 591,901
S 911
$ 592,812
23
Most Recent Year City Property Taxes @ $.7121/$100
$ 1,897,761
$ 2,892
$ 1,900,653
24
Projected City Properly Taxes @ $.7121/S100 al Build Out
$ 3,048,457
$ 195,454
$ 3,243,910
25
Most Recent Year MUD Rebate Amount
S 399.753
$ -
$ 399,753
26
Projected MUD Rebate Amount at Build Out
S 642,141
$ 27,720
S 669,861
Iculations
Existing
MUD
Proposed
Tract(s)
Total
27
Approx. Net Density at Build Out- Homes/Acre (Une 111(3-9))
1.74
S 3.51
$ 1.81
28
Not Annual Revenue to City - Current Estimate (Une 23-25-22)
S 9C6.107
S 1,981
S 908,088
29
Net Annual Rovenue to City • Build Out Estimate (Line 24-26-22)
S 1,814,415
$ 166,823
S 1.981,237
W:LAND\1548\000112014-12-03 COP MUD Data Form.xls
12/23/2014
City of Pearland
In -City MUD Data Form
MUD # BCMUD No. 34
Date: December 3. 2014
Existing Subdivisions Within Existing MUD
Subdivision Name
Area (Acres)
Projected
Lots
Percent
Complete
Southern Trails Section 1
14.61
13
100
Section 2
28.27
0
100
Section 3
30.62
99
100
Section 4
25.94
102
100
Section 5
13.65
0
100
Section 6
26.73
93
100
Section 7
28.19
92
100
Section 8
15.38
42
100
Section 9A
16.34
56
100
Section 9B
13.76
54
100
Section 10
3.51
12
100
Section 11
23.16
55
100
Section 12
16.79
58
100
Section 13
8.10
36
100
Section 14
38.25
78
100
Section 15
20.21
0
100
Section 16
3.56
0
100
Section 17
52.05
0
100
Section 18
10.95
0
100
Southern Trails West Section 1
38.35
112
100
Section 2
40.82
117
100
Section 3
31.57
125
100
W:tAND\1548\0001\2014.12.03 COP MUD Data Form.xls
12/23/2014
City of Pearland
In -City MUD Data Form
MUD # BCMUD No. 34
Date: December 3, 2014
Proposed Subdivisions Within Annexation Request
Subdivision Name
Area (Acres)
Southern Oaks
32.22
Projected
Lots
99
Percent
Complete
0
W:LAND115481000112014.12-03 COP MUD Data Form.xls 12/23/2014
City of Pearland
In -City MUD Data Form
MUD # BCMUD No. 34
Date: December 3, 2014
Existing Non -Residential Businesses Within Existing MUD
Business Name
Type of Business
Ashton Woods Parcel (Fire Station)
FIRE STATION
Beltway 23 Commercial, West
COMMERCIAL - RETAIL,
OFFICE, RESTAURANT
Broadway Kingsley
COMMERCIAL - RETAIL,
OFFICE. RESTAURANT
SH288/CR 59 Commercial
Church
COMMERCIAL - RETAIL,
OFFICE, RESTAURANT
CHURCH
Commerical, Ridge Rock
COMMERCIAL - RETAIL,
OFFICE, RESTAURANT
Alvin ISD
SCHOOL
W:LAND\15481000112014-12-03 COP MUD Data Form.xls
12/23/2014
City of Pearland
In -City MUD Data Form
MUD # BCMUD No. 34
Date: December 3, 2.014
Proposed Non -Residential Businesses Within Annexation Request
Business Name
NONE
_Jive of Business
W:LAND11548V0001\2014.12-03 COP MUD Data Form.xis 1212312014
City of Pearland
In -City MUD Data Form
MUD # BCMUD No. 34
Date: December 3, 2014
Anticipated Future Annexation Requests
General Tract Description
Area (Acres)
Projected
Lots
None at this time.
W:LAND11548\0001\2014-12-03 COP MUD Data Form.xls 12/23/2014
LE6END
CITY OF PEARLAND
VICINITY MAP
BRAZORIA COUNTY
MUNICIPAL UTILITY DISTRICT NO. 34
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MUD ANNEXATION OF
31.121 ACRES (TOTAL)
LOCATED IN THE
H.T. is. R.R. CO. SURVEY,
SECTION 114. ABSTRACT 0.33
BRAZORIA COUNTY, TEXAS
M. KO ma
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