R-2015-002 2015-01-26RESOLUTION NO. R2015-2
A Resolution of the City Council of the City of Pearland, Texas,
authorizing the City Manager or his designee to enter into a First
Amended Utility Agreement with Brazoria County Municipal Utility
District No. 34.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain First Amended Utility Agreement by and between the City
of Pearland and Brazoria County Municipal Utility District No. 34, a copy of which is
attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby
authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest a First Amended Utility Agreement with Brazoria County
Municipal Utility District No. 34.
PASSED, APPROVED and ADOPTED this the 26th day of January, A.D., 2015.
TOM REID
MAYOR
ATTEST:
NG L r FING, T
Y SEI' ETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Resolution No. R2015-2
Exhibit "A"
FIRST AMENDMENT
TO UTILITY AGREEMENT
This First Amendment to Utility Agreement (this "Amendment") is made and
entered into this 26 day of January, 2015 (the "Effective Date") by and between CITY
OF PEARLAND, TEXAS, a municipal corporation and home -rule city of the State of
Texas (the "City") and BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO.
34, a political subdivision of the State of Texas, created under the authority of Article
XVI, Section 59 of the Texas Constitution and operating under and governed by the
provisions of Chapters 49 and 54, Texas Water code, as amended (the "District").
RECITALS
WHEREAS, the City and the District entered into that certain Utility Agreement,
dated October 25, 2004 (the "Agreement"), which details the terms and conditions
pursuant to which (i) the District will acquire for the benefit of and conveyance to the
City the water distribution, wastewater collection, and drainage facilities needed to
serve lands being developed within and near the boundaries of the District; and (ii) in
order to enhance the economic feasibility of the District and more equitably distribute
among the taxpayers of the City and the District the burden of ad valorem taxes to be
levied from time to time by the City and the District, the City will make annual tax and
monthly water and sewer revenue rebate payments to the District in consideration of
the District's financing, acquisition, and construction of such facilities; and
WHEREAS, the District's current boundaries are more fully described in the
metes and bounds description attached hereto as Exhibit A (the "Current Tract"); and
WHEREAS, the District is currently annexing the additional property, as more
fully described in the metes and bounds attached hereto as Exhibit B (the "Additional
Tract"), into the boundaries of the District; and
WHEREAS, the City has or will consent to the annexation of the Additional
Tract, subject to this execution of this Amendment; and
WHEREAS, the Parties now wish to make certain adjustments to the annual tax
payments made by the City to the District as such payments relate to the Additional
Tract;
NOW, THEREFORE, in consideration of the premises, mutual promises,
covenants, obligations and benefits herein contained, the City and the District agree as
follows:
AGREEMENT
1. The recitals set forth above are declared true and correct and are hereby
incorporated as part of this Amendment.
2. Section 6.01 of the Agreement shall be deleted in its entirety and replaced with
the following:
6.01. Calculation of Annual Payment.
(a) In consideration of the development of the land within the
District and the related increase in the taxable value of such land to the
City through the acquisition of and construction of the Facilities by the
District and in order to enhance the economic feasibility of the District and
more equitably distribute among the taxpayers of the City and the District
the burden of ad valorem taxes to be levied from time to time by the City
and the District, the City agrees to collect and pay to the District a portion
of the ad valorem taxes collected by the City in future years on the land
and improvements within the District (the "Annual Payment"). The
Annual Payment shall be a payment of a portion of the City's tax revenues
actually collected and received by the City, exclusive of any interest and
penalties paid by the taxpayer to the City and exclusive of any collection
costs incurred by the City. All Annual Payments received by the District
from the City shall be deposited by the District into a debt service fund of
the District and shall be applied solely to the payment of the Bonds and
other debts, liabilities, and obligations of the District to or for the benefit
of any persons or entities relating to the financing, construction, and
acquisition of all or any portion of the Facilities.
(b) The initial Annual Payment for the Current Tract shall be at
a rate of $0.15 per $100 of assessed valuation. The initial Annual Payment
for the Additional Tract shall be at a rate of $0.10 per $100 of assessed
valuation.
(c) The Annual Payment shall be incrementally reduced upon
the occurrence of the following:
(i) All developers within the District have been fully
reimbursed, with interest, in accordance with the rules of the
TCEQ;
(ii) The District has completely financed and constructed 100%
of its Facilities; and
520641
(iii) The District levies a debt service tax at a rate that is less than
$0.80 per $100 of assessed valuation.
(d) Once all the conditions of subsection (c) have been met, the
Annual Payment shall be reduced by an amount equal to the decrease in
the District debt service tax rate. For example, if the Board of Directors of
the District sets a debt service tax rate of $0.79 per $100 of assessed
valuation (a decrease of $0.01), the Annual Payment will be reduced by
$0.01 to $0.14 per $100 of assessed valuation. The Annual Payment will be
recalculated annually, and will continue to be reduced to the extent that
the District debt service tax rate is decreased. For example, if the Board of
Directors of the District sets a debt service tax rate of $0.70 per $100 of
assessed valuation (an aggregate decrease of $0.10), the Annual Payment
would be $0.05 per $100 of assessed valuation. Once the Annual Payment
is reduced, it shall not thereafter be increased, and any increase in the
District debt service tax rate does not affect the calculation of the Annual
Payment.
(e) Notwithstanding anything contained in subsection (d), the
Annual Payment associated with the Additional Tract shall not be
decreased until the Annual Payment associated with the Current Tract has
been decreased to $0.10 per $100 of assessed valuation, at which time the
Annual Payments for both the Current Tract and the Additional Tract
shall decrease, so long as all other necessary conditions have been met as
required in subsection (c), at the same rate.
(f) If the District Tax Rate decreases to the rate of $0.65 per $100
of assessed valuation, the City is thereafter relieved of any obligation to
make any Annual Payments pursuant to this Agreement. Any subsequent
increase in the District debt service tax rate does not obligate the City to
again make Annual Payments.
2. Except as specifically amended in this Amendment, the Agreement shall remain
in full force and effect in accordance with its original terms and conditions.
3. Capitalized terms used herein shall have the same meanings given them in the
Agreement.
[The remainder of the page is intentionally left blank.]
520641
ATTEST:
By:
r
4.d
Travis McGuire
Secretary, Board of Directors
(SEAL)
520641
BRAZORIA COUNTY MUNICIPAL UTILITY
DISTRICT NO. 34
By:
Bria hompson
President, Board of Directors
EXHIBIT A
CURRENT TRACT
METES AND BOUNDS
520641
EXHIBIT A
ADDITIONAL TRACT
METES AND BOUNDS
520641
IN WITNESS WHEREOF, the parties hereto have executed this Amendment in
multiple copies, each of equal dignity, as of the date set forth on the first page hereof.
ATTEST:
Bv•
THE CITY OF PEARLAND, TEXAS
B : //Z4
Y
y Ma a;e , Clay J. Pearson
City
You
(SEAL)
520641
retary
Lorfing, TRMC
APPROVED AS TO FORM:
By:
City Attorney
Resolution No. R2015-2
Exhibits "A and B"
EXHIBIT A
CURRENT TRACT
METES AND BOUNDS
BRAZORIA COUNTY
MUNICIPIAL UTILITY
DISTRICT
NO. 34
H.T.
H.T.
H.T.
656.787 ACRES
IN THE
& B.R.R. COMPANY SURVEY SEC.
& B.R.R. COMPANY SURVEY SEC.
& B.R.R. COMPANY SURVEY SEC.
80, A-564
84, A-538
81, A-300
'Page 1
• •
DESCRIPTION OF A 522.74ACRE TRACT OF LAND
SITUATED IN THE
H.T. & B. RR COMPANY SURVEY, SECTION 80, ABSTRACT 564 AND
THE H.T. &B. RR COMPANY SURVEY, SECTION 84, ABSTRACT 538
CITY OF PCARLAND, BRAZORIA COUNTY, TEXAS
BEING a 522.74 acre traatt of land situated in the H.T. & B. RR Co. Survey, Section 80, Abstract 564
and the H.T. & B. RR Co. Survey, Section 80, Abstract 538, City of Pearland, Brazoria County,
Texas; being alt of a called 120.134 acre tract of land described in a deed recorded Volume (90) 820,
Page 217, Volume (91) 866, Page 357 and Volume (92) 994, Page 172 all of the Brazoria County Deed
Records, and Lots 3 through 8, 11 through 18, 20 through 26, 27 through 34, Lots 37 & 38 and the
west 1/2 of Lot 39, all of Lots 42, 43, 44, 45, 52 through 55 and 8.11 acres of Lot 56 of the Allison -
Richey Gulf Coast Home Company subdivision recorded in Volume 2, Page 98 of the Brazoria County
Map Records; said 522.74 acre tract of land being more particularly described as follows:
BEGINNING at 518 -inch iron rod found at the northwest corner of said called 120.134 acre tract being
the conunon corner of a tract of land recorded in Volume (90)814, Page 189 of the Brazoria County
Deed Records, a tract of land described in a deed recorded tinder Brazoria County Clerk's File Number
99-016180 and a tract of land described in a deed recorded under Brazoria County Clerk's File Number
99-016813 for the northwest corner of the herein described tract;
THENCE N 86°44'02" E, a distance of 2640.22 feet to the intersection of County Roads 92 and 48
being the northeast corner of said called 120.134 acre tract for a corner of the herein described tract
from which a found 1/2 -inch iron rod bears S 86°31' W, 29.70 feet;
THENCE S 03°12'50" E, a distance of 998.16 feet with tite centerline of said County Road 48 (based
on original 40' width) and the west line of said Lots 1 and 2 to a point for corner;
THENCE N 86°42'41" E, a distance of 882.26 feet to a 3/4 -inch iron pipe found for corner;
THENCE N 03°17'19" W, a distance of 997.25 feet to a point in the centerline of said County Road 92
(based on original 40' width) for corner;
THENCE N 86°46' 15" E, a distance of 880.00 feet with the centerline of said County Road 92 (based
on original 40' width) to a point for corner;
THENCE S 03°17'19" E, at a distance of 22.9 feet pass a 1/2 -inch iron rod, in all a total distance of
497.73 feet to a 1/2 -inch iron rod found for corner;
THENCE N 86°42'41" E, a distance of 880.00 feet to a 60d nail with shi ger found for corner;
THENCE N 03°17'19" W, at 474.65 feet pass a 1/2 -inch iron rod found 2,0 feet west, in all a total
distance of 496.82 feet to a point for corner;
THENCE N 86°46' 15" E. a distance of 1760.00 feet with the centerline of said County Road 92 (based
on original 40' width) to a point for corner;
THENCE S 03° 17' 19" E, along the East line of said Lot 37 and 38, passing at 20.00 feet and West
1.4 feet a 1/2 -inch iron pipe, at 48.0 feet pass a 2 -inch iron pipe East 1.2 feet, a total distance of
993.60 feet to a found 2 -inch iron pipe;
r
r.nge c * THENCE S 86°42'41" Viika distance of 440.00 feet to a point for corn from which a found 518 -inch
iron rod bears S 72°58" 0.6 feet;
THENCE S 03°17'19" E, a distance of 495.00 feet to a found 5/8 -inch iron rod bears S 86°23'W, 0.5
feet for corner;
THENCE S 86°42'41 "W, a distance of 440.00 feet to a point for corner from which a found 1/2 -inch
iron pipe bears S 67°22' W, 0.40 feet;
THENCE S 03°17'19" ), a distance of 1155.00 feet to a 1/2 -inch iron rod with a cap stamped
"Gormly 1918" found for corner;
THENCE N 86°42'41" E, a distance of 1760.00 feet to a point for corner from which a found a 1/2 -
inch iron rod with a cap stamped "Gormly 1918" bears N 13'12' W, 1.2 feet and a found 5/8 -inch iron
rod bears N 15°43' W, 1.3 feet;
THENCE S 03°17'19" E, a distance of 1979.20 feet to a point for corner from which a found 112 -inch
iron pipe bears N 06° 48' E, 1.0 feet;
THENCE S 86°42'41" W, a distance of 335.59 feet to a point for corner from which a found 3/4 -inch
iron pipe bears N 16°01' E, 1.0 feet;
THENCE S 03°17'19" E, a distance of 649.00 feet to a point in the centerline of County Road 59
(based on original 40' width) from which a found 3/4 -inch iron pipe bears N 01° 42' W, 20.8 feet;
THENCE S 86°42'41" W, a distance of 544.41 feet to a point in the centerline of County Road 59
(based on original 40' width) from which a found 1/2 -inch iron pipe bears N 02°01' W, 20.6 feet;
THENCE N 03°17'19" W, a distance of 649.00 feet to a point; for corner from which a found 1/2 -inch
iron pipe and a 3/4 -inch iron pipe bear N 18°07' E, 0.7 feet;
THENCE S 86°42'41" W, a distance of 880,00 feet to a point for corner from which a found 1/2 -inch
iron rod with a cap stamped "Gormly 1918" bears N 74°28' E, 0.4 feet;
THENCE N 03°17'19" W, a distance of 671.00 feet to a 1 -inch iron pipe found for corner;
THENCE S 86°42'41" W, a distance of 3526.12 feet to a point in the centerline of said County Road
48 (based on original 40' width) from which a found 3/4 -inch iron pipe bears N 87°40' E, 30.0 feet;
THENCE N 03°12'50" W, a distance of 2638.86 feet with the centerline of said County Road 48
(based on original 40' width) to a point from which a found 3/4 -inch iron pipe with cap stamped "S.
Adams 3666" bears S 87°07' W, 30.5 feet;
THENCE S 86°50'11" W, a distance of 1315.64 feet to a point for comer;'
THENCE S 03°07'48" E, a distance of 1320.57 feet to a 1 1/2 -inch iron pipe found for corner;
THENCE S 86°33'32" W, a distance of 1322.77 feet to a 1/2 -inch iron rod found for corner;
THENCE N 03°12'41" W, a distance of 2639.75 feet to the POINT OF BEGINNING and containing
522.74 acres of land.
Bearing orientation is based on monumentation found on the west line of a called.120.134 acre tract of
land described in a deed recorded in Volume (90)820, Page 217 of the Brazoria County Deed Records.
Yugo J «
DESCRIPTION OF
• 73.397 ACRES
PROPOSED ANNEXATION TRACT FOR
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 34
Being 73.397 acres of land located in the H.T. & B.R.R. Co. Survey, Section 80 (A.K.A.)
J.S. Talmage Survey, Abstract 564, Brazoria County, Texas, more particularly being portions of
Lots 39 and 51 and all of Lots 40, 41 and 47-50 of said Section 80, of the Allison Richey Guff
Coast Home Company Part of Suburban Gardens, a subdivision of record in Volume 2, Page
98, Plat Records, of said Brazoria County, being all of that certain catled 10.0 acre conveyed to
William C. Walsh, by instrument of record In File No. 93-032264, Official records, of said
Brazorta County (B.C.O.R.), being al, of that certain called 10.0 .acre tract conveyed to William
C. Welsh, by Instrument of record in File No. 97-040867, B.C.O.R., being all of that certain
ca'ied 20.0 acre tract conveyed to William C. Walsh, by instrument of record in File No. 96-
008394, B.C.O.R., being all of that certain called 1.7 acre tract conveyed to Larry Campbell, by
Sheriff's Deed of record it File No. 04-002109, B.C.O.R., being all of that certain tract of land
conveyed to Kyle Tauch end James Johnson, by Instrument of record in File No. 04-004509,
B.C.O.R., all of that certain tract of land conveyed to Kyte Tauch and James Johnson, by
instrument of record in File No. 2004012547, B.C.O.R, being all of that certain called 13.3333
acre tract (described as Tract II) conveyed to Trails Development, LTD., by instrument of record
in File No, 2005012118, B.C.O.R., and being alt of that certain calved 5.0000 acre tract
(described as Tract I) conveyed to Trails Development, LTD., by Instrument of record in File No,
2005312118, B.C.O.R., said 73.397 acre tract being more particularly described by metes and
bounds as follows, all bearings referenced to the erect line of that certain called 120.134 acre
tract record in Volume (90)820, Page 217, B.C.O.R.;
BEGINNING on the common line of said H.T. & B.R.R. Co. Survey, Se;lion 80 and the
H.T. & B.R.R. Co. Survey, Section 81, Abstract 300, same being the common east comer of
Lots 50 and 51 of Section 80, and being the common west corner of Lots 4 and 5 of Section 81;
Thence, with the common line of lots 50 and 51 of Section 80, South 86° 42' 41' West,
550.00 feet to a point for corner, the northeast comer of the aforementioned 1.7 acre tract;
Thence, with the east line of said 1.7 acre tract, South 03' 17' 19' East, 660.00 feet to a
point for corner on the common line of Lots 51 and 52 of Section 80;
Thence, with the south lines of said Lots 51 and 41 of Section 80, South 86' 42' 41'
West, 1210.00 feet to a point for corner, the common west corner of Lets 41 and 42 of Section
80, same being the southeast comer of Southern Trails, Phase 1 Sec. 4, a subdivision of record
In File No. 2005042729, B.C.O.R.;
Thence, with the west lines of Lots 40 and 41 of Section 80 and the east line of sold
Souther Trails, Phase 1 Sec, 4, North 03' 17' 19' West, 1155.00 feet to a point for comer, the
northwest corner of Lot 40 of Section 80, same being a reentrant corner of said Southern Trails,
40
Thence, wit, north Ilne of Lot 40 of Section 80 and continuing with the east line of
said Southern Trails, Phase 1 Sec. 4, North 86' 42' 41" East, 440.00 feet to a point for comer,
the southwest corner of the aforementioned 5.0000 acre tract;
Thence, with the west line of said 5.0000 acre tract and with the east lines of said
Southern Trails, Phase,l Sec. 4 and Southern Trails, Phase 1 Sec. 1, a subdivision of record in
File No. 2005042703, B.C.O,R., North 03' 17' 19' West, 495.00 feet to a point for comer on the
common line of Lots 38 and 39 of Section 80;
Thence, with the common line of Lots 38 and 39 of Section 80,'North 86' 42' 4r East,
440.00 feel to a point for corner, the common east comer of Lots 38 and :39 of Section 80;
Thence, with the west lines of Lots 47 and 48 of Section 80, North 03' 17' 19' West,
993.60 feet lo a point for corner, the common north corner of Lots 37 and 47 of Section 80;
Thence, with the north line of said Lot 47 of Section 80, North 86' 46' 15' East, 880.00
feet to a point for comer, the common north comer of Lot 47 of Section 80 and Lot 1 of Section
81, and on the common line of the aforementioned H.T. & B.R.R. Co. Survey, Section 80 and
the H.T. & B.R.R. Co. Survey, Section 81;
Thence, with the east lines of Lots 47-50 of Section 80 and with said common survey
line, South 03° 17' 19' East, 1982.68 feel to the POINT OF BEGINNING and containing 73.397
METES AND BOUNDS DESCRIPTION
OF 20.09 ACRES OF LAND
IN THE H.T. & B.R.R. COMPANY SURVEY, A-564
BRAZORIA COUNTY, TEXAS
All that certain 20.09 acres of land, which Is Lot Two (2) in Section Eighty (80), of ALLISON RITCHEY
GULF COAST HOME COMPANY SUBDIVISION, according to the plat thereof, recorded under Vol.
2, Pg. 98 in the Plat Records of Brazorla County, Texas, being the same property described in the
deed from W.J. Hoffpauir, et ux. to Arch Thomas Campbell, et ux., recorded under Voi. 543, Pg. 307,
in the Deed Records of Brazoria County, Texas, in the H,T. & B.R.R. Survey, A-564, Brazoria County,
Texas, and out of the 10.10 acre tract which is Lot One (1) in Section Eighty (80), of sald ALLISON
RITCHEY GULF COAST HOME COMPANY SUBDIVISION, being the same property described as
Tract 1 in the deed from James M. Johnson to Beltway 23, LTD., recorded under Doc. # 2005
007042, in the Official Records of Brazoria County, Texas, In the H.T. & B.R.R. Survey, A-564 and
more particularly described by metes and bounds as follows; (All bearings based on Texas State
Plane Coordinate System, South Central Zone.)
COMMENCING at a Magnan found for the most westerly southwest comer of the 522.62 acre tract
described in the deed from Ashton Southem Trails Joint Venture to CL Ashton Woods, L.P., recorded
under Doc. # 2005 016204, in the Official Records of Brazoria County, Texas, in Almada School
Road (County Road 48), from which a 3/4" Iron pipe found In a south line of said 522.62 acre tract
bears North 87° 10' 18" East— 29.90'; THENCE North 03° 12' 50" West— 2958.19', along a west line
nt cam X77 F7 arrA tract to thA An'ithwwct nnrnar Anri POINT OF t3EGiNNING of thA harain
Page,
THENCE North 03° 12' 50" West
t — 993.11', along the west line of aforesaid Lot Two, and the
Zine of aforesaid Lot One, to the northwest corner of the herein described tract; west
THENCE North 86" 42' 41" East — 880.55', to the northeast corner of the herein described tract;
THENCE South 03° 17' 19" East — 993.11', along a west line of aforesaid 522.62 acre tract, to a
3/4" iron rod pipe found for the southeast corner of the herein described tract, common to an angle
corner of said 522.62 acre tract;
THENCE South 86° 42' 41" West — 881.84', along a north line of said 522.62 acre tract, to the
POINT OF BEGINNING of the herein described tract and containing 20.09 acres of tend, (at 856.82'
passing a 5/8" iron rod set for reference).
30.57 ACRES OF LAND, WHICH IS THE 20.62 ACRES OF LAND BEING A PART
OF LOTS 39 AND 40 OF THE ALLISON RICHEY GULF COAST HOME
COMPANY'S PART OF SUBURBAN GARDENS SUBDIVISION, IN THE H.T.& B.
R.R. COMPANY SURVEY, SECTION 81, ABSTRACT 300, BRAZORIA COUNTY,
TEXAS, ACCORDING TO THE PLAT RECORDED IN VOLUME 2, PAGE 98, PLAT
RECORDS OF BRAZORIA COUNTY, TEXAS, AND BEING ALL THAT SAME
CERTAIN TRACT DESCRIBED IN A DEED FROM LEE FREEMEN AND CAROL
FREEMEN TO KK ONE, LTD, A TEXAS LIMITED PARTNERSHIP RECORDED IN
BRAZORIA COUNTY CLERK'S FILE 2004-024840, ALL THOSE CERTAIN
TRACTS DESCRIBED AS TRACT A-1 AND A-2 IN A DEED FROM KYLE TAUCH
AND JAMES JOHNSON TO KK ONE, LTD, A TEXAS LIMITED PARTNERSHIP
RECORDED IN BRAZORIA COUNTY CLERK'S FILE 2004-024838, AND ALL
THAT SAME CERTAIN TRACT DESCRIBED IN A DEED FROM SUZANNE A.
POSTLE, INDIVIDUALLY, AS INDEPENDENT EXECUTRIX OF THE ESTATE OF
DOUGLAS FRENCH POSTLE, DECEASED TO KK ONE, LTD, A TEXAS LIMTED
PARTNERSHIP RECORDED IN BRAZORIA COUNTY CLERK'S FILE 03-051728,
AND THE 9.95 ACRES OF LAND SAID ACRES BEING MORE PARTICULALRY
DESCRIBED AS FOLLOWS:
BEGINNING at an angle corner in the West right-of-way Iine of County Road 566 (60.0
feet wide), said point being located South 86 deg. 43 min. 06 sec. West — 30.0 feet from
the Northeast corner of Lot 39, the Northwest corner of Lot 49, the Southeast corner of
Lot 38 as described in a deed to FYCW, Ltd. recorded in Brazoria County Clerk's File
2005-019628, and the Southwest corner of Lot 48, being the Southwest corner of the
Thomas Fred Lipscomb tract described in Brazoria County Clerk's File 99-052091;
THENCE South 03 deg. 12 min. 19 sec. East, along the West right-of-way line of County
Road 566, a distance of 495.86 feet (called 495.0 feet) to an angle comer in the common
line of Lots 39 and 40;
THENCE North 86 deg. 43 min. 06 sec. East, along the common line of Lots 39 and 40, a
distance of 1.01 feet to an angle comer the Northwest corner of a 1.129 acre tract
described in a deed to the State of Texas recorded in Volume 1035, Page 636, Deed
Records, and Volume 1035, Page 642, Decd Records;
THENCE along the West line of said 1.129 acre tract and the West line of County Road
566, following a curve to the right having a Radius of 686.20 feet, Central Angle of 22
deg. 52 min. 24 sec., Chord Bearing and Distance of South 10 deg. 20 min. 24 sec. West
— 272.13 feet, for an arc distance of 273.94 feet to an angle comer at the P.T. of said
curve.
THENCE South 19 deg. 54 min. 40 sec. West, along the West line of said 1.129 acre tract
and the West line of County Road 566, a distance of 13.77 feet to an angle corner at the
P.C. of a curve to the left;
THENCE along the West line of said 1.129 acre tract and the West line of County Road
566, following said curve to the left having a Radius of 746.20 feet, Central Angle of 21
deg. 08 min. 49 sec., Chord Bearing and Distance of South 11 deg. 12 min. 43 sec. West
— 273.85 feet, for an arc distance of 275.41 feet to an angle corner at the P.T. of said
curve;
THENCE South 42 deg. 50 min. 56 sec. West, along the West line of said 1.129 acre tract
and the West line of County Road 566, a distance of 72.10 feet to a concrete monument
found for corner;
THENCE South 86 deg. 45 min. 36 sec. West, with a line of said 1.129 acre tract, a
distance of 10.0 feet to an angle comer for the lower Northwest corner of said 1.129 acre
tract;
THENCE South 01 deg. 37 min. 15 sec. East, along the West line of said 1.129 acre tract,
at 23.14 feet pass an angle corner, and continue for a total distance of 35.91 feet to a
point marking the Southeast corner of the herein described tract in the North right-of-way
line of County Road 59 (right-of-way width varies);
THENCE South 86 dcg. 43 min 06 sec. West, along the North right-of-way line of
County Road 59 and the South line of the KK One, LTD, tracts described in Clerk's File
03-051728 and Clerk's File 2004-024838, a distance of 644.56 feet to a point marking the
Southwest corner of the herein described tract in the West line of Lot 40;
THENCE North 03 deg. 17 min. 53 sec. West, along the West line of lot 40, at 10.0 feet
pass a point for reference, and continue along the West line of Lots 40 and 39 and the
East line of a 60.0 foot drainage easement shown on the Plat of Southgate, Section One,
as recorded in Volume 24, Pages 123-126, Plat Records of Brazoria County, Texas, for a
total distance of 1618.59 feet to a point for the Northwest corner of Lot 38 and Southwest
corner of Lot 37, being the Southwest corner of Jot Hodges, Jr. Trustee tract described in
volume 1107, Page 449, Deed Records,
THENCE North 86 deg. 43 min. 06 sec. East, along the common line of Lot 37 and Lot
38 and the South line of the Hodges tract, at 289.71 feet pass a point 0.8 feet North of
line, continue along the South line of the Hodges tract and the George Fishman tract
described in Clerk's File 97-010496, at 846.48 feet pass a point in the West line of
County Road 566 (find a point 0.52 feet North), and continue for a total distance of
876.48 to a 3/4" iron rod in County Road 566 buried 10 inches, said point being the
Northwest corner of Lot 38 and the Southeast corner of Lot 37, being the Southeast
corner of the George Fishman tract, the Southwest corner of Lot 47 as described in a deed
to the Lanik Family Living Trust described in Clerk's file 02-031714, and the Northwest
corner of Lot 48, being the Northwest corner of the Linda Sue Williams and Barbara Ann
Williams tract described in Clerk's File 99-052091;
494.62 feet (called 495.0 feet) to a point marking the Southeast corner of Lot 38 and the
Northeast corner of Lot 39, the Southwest comer of Lot 48, being the Southwest corner
of Thomas Fred Lipscomb tract described in Clerk's File 99-052091, and the Northwest
comer of Lot 49 as describe in a deed to KK One, LTD. Recorded in Clerk's File 2004-
024839;
THENCE South 86 deg. 43 min. 06 sec. West , along the common line of Lot 38 and Lot
39, a distance of 30.0 to the PLACE OF BEGINNING and containing 30.57 acres of
land.
9.99 ACRES OF LAND, BEING A PART OF LOTS 49 AND 50 OF THE ALLISON
RICHEY GULF COAST HOME COMPANY'S PART OF SUBURBAN GARDENS
SUBDIVISION, IN THE H.T.& B. R.R. COMPANY SURVEY, SECTION 81,
ABSTRACT 300, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE PLAT
RECORDED IN VOLUME 2, PAGE 98, PLAT RECORDS OF BRAZORIA COUNTY,
TEXAS, AND BEING A PART OF THAT SAME CERTAIN TRACT DESCRIBED IN
A DEED FROM LOUISE FENTON ROBINSON AND ADAM DEWALT ADAMS,
TRUSTEE OF THE TESTAMENTARY TRUST CREATED IN THE WILL OF
HAMPTON C. ROBINSON, JR., DECEASED TO KK ONE, LTD, A TEXAS
LIMITED PARTNERSHIP RECORDED IN BRAZORIA COUNTY CLERK'S FILE
2004-024839, SAID 9.99 ACRES BEING MORE PARTICULALRY DESCRIBED AS
FOLLOWS:
BEGINNING at a 3/, inch iron pipe found for the Northwest corner of the herein
described tract in the East right-of-way line of County Road 566 (60.0 feet wide), said
point being located North 86 deg. 43 min. 06 sec. East — 30.13 feet from the Northwest
corner of Lot 49, the Northeast corner of Lot 39, the Southeast corner of Lot 38 as
described in a deed to FYCW, Ltd. Recorded in Brazoria County Clerk's File 2005-
019628, and the Southwest corner of Lot 48, being the Southwest corner of the Thomas
Fred Lipscomb tract described in Brazoria County Clerk's File 99-052091;
THENCE North 86 deg. 43 min. 06 sec. East, along the common line of Lots 48 and 49
and the South line of the Lipscomb tract, a distance of 430.46 feet to a point for the
Northeast corner of the herein described tract in the West right-of-way line of State
Highway 288 as established in that deed for Parcel No. 21 recorded in Volume 1041,
Page 460, Deed Records,
THENCE South 03 deg. 16 min. 22 sec. East, along the West right-of-way line of State
Highway 288, a distance of 878.22 feet to an angle point;
THENCE South 30 deg. 49 min. 22 sec. West, along the West right-of-way line of State
Highway 288, a distance of 82.81 feet to an angle point;
THENCE South 64 deg, 55 min. 20 sec. West, with the right-of-way line of State
Highway 288, a distance of 381.06 feet to an angle point;
THENCH South 86 deg. 45 min. 36 sec. West, with the right-of-way line of State
Highway 288, a distance of 30.02 feet to a concrete monument found for the Southwest
tnrner of the herein described tract at the lower Northwest corner of Parcel No. 21;
THENCE North 03 deg. 17 min. 03 sec. West, along the monumented East right-of-way
line of County Road 566, a distance of 1088.25 feet to the PLACE OF BEGINNING and
containing 9.99 acres of land.
FOR A TOTAL DISTRICT ACREAGE OF 656.787 ACRES OF LAND.
Prepared by
Pate Engineers, Inc.
Job No. 1510-001-03-600
OF..
•
J SUMMER ADAMS
q 5884 !
r
•
ivU
Summer Adams
August, 2007
THIS LEGAL DESCRIPTION IS ISSUED IN CONJUNCTION WITH THE BRAZORIA COUNTY
MUNICIPAL. UTILITY DISTRICT No. 34.
EXHIBIT A
ADDITIONAL TRACT
METES AND BOUNDS
October 3, 2014
Job No. 1406-3701
DESCRIPTION OF
31.127 ACRES
H. T. & B. R.R. CO. SURVEY, ABSTRACT 564
BRAZORIA COUNTY, TEXAS
Being 31.127 acre of land located in the Northeast Quarter of Section 84, H. T. & B. R.R.
CO. Survey, Abstract 564, 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 2003016336 of the Official Public Records of said Brazoria County, Texas,
(O.P.R.B.C.TX.), 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., and 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 31.127 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 said 2.72 acre tract 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 the aforementioned 10 acre tract and the current right of way line of C.R. 48;
Thence, South 030 15' 31" East, along said right of way line and the west line of the
aforementioned 0.4349 acro 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 of 3
1:1Pro)ds1(11SURVEY\1406\3701\Does \31_127 ACRES MUD.doc
31.127 Acres October 3, 2014
Job No. 1406-3701
Thence, South 86° 43' 54" West, along said south line, said north right-of-way line and
along the south line of said 20 acre tract, at 600.17 feet pass a 5/8 -inch iron rod with cap
stamped "LJA ENG" set marking the common south corner of said 10 acre tract and said 20
acre tract, in all a distance of 1,258.55 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 the plat of 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.;
Thence, South 030 08' 19' East, along the common line of said 20 acre tract and said
2.0 acre tract, at 141.05 feet pass a 5/8 -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
the aforementioned 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, in
all a distance of 471.19 feet to a 5/8 -inch iron rod with cap stamped "Laney" found marking the
common west corner of said 2.0 acre tract and said 2.72 acre tract;
Page 2 of 3
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31.127 Acres October 3, 2014
Job No. 1406-3701
Thence, North 87° 00' 32' East, along the common line 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 said 0.1364 acre tract, being in the right of way line of C.R. 48;
Thence, South 03° 15' 31" East, along said right of way line and the west line of said
0.1364 acre tract, 197.91 feet to the POINT OF BEGINNING and containing 31.127 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.
-!_
Gil V+/. t risdale, RPL t%/
akk,
Registere4Professiona Land Surveyor
Texas Registration No. 6202
LJA Engineering, Inc.
Page 3 of 3
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