R-2015-123 2015-08-10RESOLUTION NO. R2015-123
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 Harris County Municipal Utility District
No. 509.
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 Harris County Municipal Utility District No. 509, 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 Harris County
Municipal Utility District No. 509.
PASSED, APPROVED and ADOPTED this the 10TH day of August, A.D., 2015.
ATTEST:
Y'O'UNG S►RFING,% RMC
CV Y SECRETAR
APPROVED AS TO FORM:
• a.,
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
Resolution No. R2015-123
Exhibit "A"
FIRST AMENDMENT
TO UTILITY AGREEMENT
This First Amendment to Utility Agreement (this "Amendment") is made and
entered into as of the 13th day of July, 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 HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO.
509, 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 August 1, 2007 (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 certain facilities needed to serve certain lands; 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 construct -ion 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"),
which is subject to the terms and conditions of the Agreement; and
WHEREAS, the District is currently annexing 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 the 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 and, except the portion of the land described in Exhibit D of the Agreement that is
not currently located in the District and may be annexed into the boundaries of the
District in the future ("Exhibit D Land"), any additional land that may be annexed into
the boundaries of the District in the future.
545792
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 and
Exhibit D Land shall be at a rate of $0.15 per S100 of assessed valuation.
The initial Annual Payment for the Additional Tract, and any additional
land annexed into the District in the future (other than Exhibit D Land),
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:
545792
All developers within the District have been fully
reimbursed, with interest, in accordance with the rules of the
TCEQ;
The District has completely financed and constructed 100%
of its Facilities; and
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, and any additional
land annexed into the District in the future (other than Exhibit D Land),
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, and any additional land annexed into the District in the
future (other than Exhibit D Land), 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 debt service 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.
545792
3. Capitalized terms used herein shall have the same meanings given them in the
Agreement.
[The remainder of the page is intentionally left blank.]
545792
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.
THE CITY OF PEARLAND, TEXAS
By:
ATTEST:
(SEAL)
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APPROVED AS TO FORM:
By:
545792
City Attorney
HARRIS COUNTY MUNICIPAL UTILITY
DISTRICT NO. 509
By:
President, Board of Directors
ATTEST:
By:
Secretary, Board of Directors
(SEAL)
545792
EXHIBIT A
CURRENT TRACT
METES AND BOUNDS
545792
EXHIBIT A
October 21, 2014
Job No. 1326-0002
DESCRIPTION OF
502.778 ACRES
REVISED BOUNDARY FOR
HARRIS COUNTY MUNICIPAL
UTILITY DISTRICT NO. 509
All that certain tract or parcel containing 502.778 acres of land in the Thomas J. Green
Survey, A-290, Harris County, Texas, the G.C. Smith Survey, A-547, Brazoria County, Texas,
being all of Lots 1 and 2, Section 18, Kanawha -Texas Company Subdivision of parts of Sections
18 and 22, H.T. & B. RR. Co., a subdivision of record in Volume 02, Page 51, Brazoria County
Plat Records, (B.C.P.R.), said Lots 1 and 2 conveyed to Meritage Homes of Texas, LLC by an
instrument of record under File Number 2014029728, of the Official Public Records of said
Brazoria County, (B.C.O.P.R.), being all or parts of Lots 2, 3, 4 and 5; Lots 7, 8, 9, 10; 11, 12,
13 and 14, Lots 16, 17, 18, 19, 20 and 21; Lots 28, 29, 30, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41,
42, 43, 44, 45, 46, 47, 48, 50 and 53; Lots 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 68
and 69; Lots 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83; 84 and 85, Lots 87, 88, 89,
90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100 and 101; Lots 108, 109, 110, 111, 112, 113, 114, 115,
116, 117, 118 and 119 of the Allison Richey Gulf Coast Home Company Part of Suburban
Gardens, Section "G", a subdivision of record on Volume 4, Page 48 of the Map Records of said
Harris County (H.C.M.R.), more particularly being all of that certain tract called 346.718 acres
conveyed to Meritage Homes of Texas, LLC by an instrument of record in File Number
20130470069, Official Public Records of Real Property of said Harris County (H.C.O.P.R.R.P.),
all of that certain tract called Lot 63 conveyed to Meritage Homes of Texas, LLC by an
instrument of record in File Number 20140226430, H.C.O.P.R.R.P., all of that certain tract
called Lot 36 and 37 conveyed to Meritage Homes by an instrument of record in File Number
20140455007, H.C.O.P.R.R.P., all of that certain tract called 63.704 acres conveyed to Meritage
Homes of Texas, LLC by an instrument of record in File Number 20120427157, H.C.O.P.R.R.P.,
all of that certain tract called 26.568 acres conveyed to Pasadena Independent School District
by an instrument of record in File Nurnber 20120503078, H.C.O.P.R.R.P., all of that certain tract
called 5.941 acres conveyed to the City Of Pearland by an instrument of record in File Number
2013040432, Official Public Records of Brazoria County, Texas (B.C.O.P.R.) said 5.941 acres
also recorded in File Number 20130475237, H.C.O.P.R.R.P., said 502.778 acres being more
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Job No. 1326-0002
particularly described in 2 parts by metes and bounds as follows, all bearings referenced to the
Texas Coordinate System, South Central Zone (NAD 83);
PART ONE
BEGINNING at the southerly corner of Green Tee Terrace Section Seven, a subdivision
of record on Film Code No. 352061 of said H.C.M.R., same being on a northerly line of that
certain 80 foot wide tract called 3.636 acres conveyed to Houston Lighting & Power Company
by an instrument of record in File No. E131167, H.C.O.P.R.R.P.;
Thence South 42" 12' 07" West, 3,956.22 feet with said north line and with the north line
of those certain 80 foot wide tracts conveyed to said Houston Lighting & Power Company in Filo
No.'s E131167, D494447, D502503, and D478952, H.C.O.P.R.R.P. to a point for corner on the
common line between Lot 119 and Lot 120 of the Allison Richey Gulf Coast Horne Company
Subdivision;
Thence North 48" 21' 17" West, 562.36 feet with the common line between said Lot 119
and 120 to a point for corner, the common corner of Lots 102 and 103 and Lots 119 and 120 of
said subdivision;
Thence North 42" 07' 51" East, 329.97 feet with the common line between Lot 102 and
119 to a point for corner, the common corner of Lots 101 and 102 and Lots 118 and 119 of said
subdivision;
Thence North 48° 21' 17" West, 647.09 feet (called 660.00 feet) with the common line
between Lot 101 and Lot 102 to a point for corner, the common corner of Lots 84 and 85 and
Lots 101 and 102 of said subdivision;
Thence South 42° 07' 51" West, 329.97 feet with the common line between Lot 85 and
Lot 102 to a point for corner, the common corner of Lots 85 and 86 and Lots 102 and 103 of
said subdivision;
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Job No. 1326-0002
Thence North 48° 21' 17" West, 647.02 feet (called 660.00 feet) with the common line
between Lot 85 and 86 to a point for corner, the common corner of Lot 85 and 86 and on the
southerly line of Lot 69 of said subdivision;
Thence South 42° 07' 56" West, 217.42 feet with the common line between Lots 69 and
86 to a point for corner, the easterly corner of that certain 210 foot wide strip of land recorded in
Volume 2314, Page 127 of the Deed Records of said Harris County (H.C.D.R.);
Thence with the easterly lines of said 210 foot wide strip the following five (5) courses:
1) North 57' 18' 18" West, 180.49 feet to a point for corner;
2) North 26° 50' 46" West, 51.04 feet to a point for corner;
3) North 17° 28' 08" West, 74.50 feet to a point for corner;
4) North 13° 24' 13" West, 217.19 feet to a point for corner;
5) North 27' 01' 02" West, 190.55 feet to a point for corner on the common line
between Lots 53 and 69 of said subdivision;
Thence South 42° 07' 56" West, 206.43 feet with the common line between said Lots 53
and 69 to a point for corner on the centerline of Clear Creek, same being the common west
corner of said Lots 53 and 69 of said subdivision;
Thence upstream with the centerline of Clear Creek and with the westerly lines of Lot
No. 53 the following eight (8) courses:
1) North 28° 13' 31" West, 143.02 feet to a point for corner;
2) North 23° 23' 07" West, 48.31 feet to a point for corner;
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502.778 acres October 21, 2014
Job No. 1326-0002
3) North 10° 53' 08" West, 63.46 feet to a point for corner;
4) North 02° 14' 45" East, 122.33 feet to a point for corner;
5) North 07° 56' 37" East, 104.06 feet to a point for corner,
6) North 16° 35' 53" East, 260.10 feet to a point for corner;
7) North 14° 33' 10" West, 63.63 feet to a point for corner;
8) North 31° 21' 48" West, 120.50 feet to a point for corner, the common west
corner of Lots 38 and 53 of said subdivision;
Thence continuing upstream with the centerline of said Clear Creek and with the
westerly lines of said Lot 38 the following eight (8) courses;
1) North 31° 53' 45" West, 50.27 feet to a point for corner;
2) North 25° 54' 16" West, 80.45 feet to a point for corner;
3) North 21° 23' 03" West, 81.24 feet to a point for comer;
4) North 37° 23' 51" West, 68.61 feet to a point for corner;
5) North 54° 27' 29" West, 96.35 feet to a point for corner;
6) North 66° 17' 03" West, 136.22 feet to a point for corner;
7) North 08° 30' 00" West, 227.09 feet to a point for corner;
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502.778 acres October 21, 2014
Job No. 1326-0002
8) North 37° 54' 35" West, 259.34 feet to a point for corner, the northwesterly corner
of said Lot 38 of said subdivision, said point also being on the southeasterly line
of the residue of that certain called 74.286 acre tract conveyed to Beazer Homes
Texas, L.P. by an instrument of record under Filo Number 20130236030,
H.C.O.P.R.R.P.;
Thence, along the northerly line of Lots 38 an 37 of said Section "G" and along the
southeasterly line of said 74.286 acre tract the following three (3) courses:
1) North 75° 42' 30" East, along a northerly line of Lot 37 of said Section "G",
780.16 feet to a point for an interior corner of said Lot 37;
2) North 13° 31' 58" West, 224.60 feet to a point for the common west corner of
Lots 25 and 37 of said Section "G";
3) North 43° 00' 58" East, 1,893.96 feet with the northerly line of the north one-half
of Lots 34 and 35 and the common line between Lots 22, 23, 24 and 25 and Lots
32, 33, 34 and 35 of said subdivision to a point for corner, the common corner of
Lots 22 and 32 of said subdivision;
Thence South 48' 31' 38" East, 644.19 feet (called 660.00 feet) with the common line
between Lots 31 and 32 to a point for corner, the common corner of Lots 31 and 32 and Lots 44
and 45 of said subdivision;
Thence North 42' 07' 37" East, 330.00 feet with the common line between Lots 31 and
44 to a point for corner, the common corner of Lots 30 and 31 and Lots 43 and 44 of said
subdivision;
Thence North 48° 21' 38" West, 647.20 feet (called 660.00 feet) with the common line
between Lots 30 and 31 to a point for corner, the common corner of Lots 20 and 21 and Lots 30
and 31 of said subdivision;
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502.778 acres October 21, 2014
Job No. 1326-0002
Thence South 42° 07' 41" West, 331.88 feet with the common line between Lots 21 and
31 to a point for corner, the common corner of Lots 21 and 31 of said subdivision;
Thence North 48° 19' 04" West, 656.74 feet with the common line between Lots 21 and
22 to a point for corner, the common corner of Lots 12 and 13 and Lots 21 and 22 of said
subdivision;
Thence South 43° 03' 19" West, 659.61 feet with the common line between Lots 13 and
14 and Lots 22 and 23 to a point for corner, the common comer of Lots 14 and 15 and Lots 23
and 24 of said subdivision;
Thence North 48° 19' 04" West, 1,054.75 feet with the common line between Lots 14
and 15 and Lots 5 and 6 to a point for corner, on the arc of a curve whose center bears South
48° 12' 37" East, on the northerly line of that certain tract called 5.941 acres conveyed to the
City Of Pearland by an instrument of record in File Number 2013040432, Official Public Records
of Brazoria County, Texas (B.C.O.P.R.), said 5.941 acres also recorded in File Number
20130475237, H.C.O.P.R.R.P.;
Thence along the northerly line of said 5.941 acre tract the following eight (8) courses:
1) 98.63 feet along the arc of a non -tangent curve to the right, having a radius of
2,060.00 feet, a central angle of 02° 44' 36" and a chord which bears North 43°
09' 41" East, 98.62 feet to a point for corner;
2) North 44° 31' 58" East, 100.00 feet to a point for corner, the beginning of a curve;
3) 97.02 feet along the arc of a tangent curve to the left, having a radius of 1,940.00
feet, a central angle of 02° 51' 55" and a chord which bears North 43° 06' 01"
East, 97.01 feet to a point for corner;
4) North 41° 40' 03" East, 1,436.67 feet to a point for corner, the beginning of a
curve;
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502.778 acres October 21, 2014
Job No. 1326-0002
5) 98.62 feet along the arc of a tangent curve to the right, having a radius of
2,060.00 feet, a central angle of 02° 44' 35' and a chord which bears North 43°
02' 20" East, 98.61 feet to a point for corner;
6) North 44° 24' 36" East, 100.00 feet to a point for corner, the beginning of a curve;
7) 143.97 feet along the arc of a tangent curve to the left, having a radius of
1,940.00 feet, a central angle of 04° 15' 07" and a chord which bears North 42°
17' 04" East, 143.93 feet to a point for corner;
8) North 40° 09' 31" East, 82.25 feet to a point for corner;
Thence South 48° 19' 29" East, 430.20 feet departing said northerly line with the
common Zine between said Lot 1 and Lot 2 to a point for comer on the northerly line of Lot 8 of
said subdivision;
Thence North 43° 03' 23" East, 482.95 feet with the common lines between Lots 1, 7
and 8 to a point for corner, the easterly corner of Lot 1, the northerly corner of Lot 7 of said
subdivision, same being on an easterly line of said subdivision and on an easterly line of said
Green Survey;
Thence South 48° 18' 55" East, 624.94 feet with the easterly line of said Lot 7 of said
subdivision, with the common line between said subdivision and said survey line to a point for
corner, the common corner between Lots 7 and 16 of said subdivision;
Thence South 48° 20' 17" East, 8.02 feet with the easterly line of Lot 16 of said
subdivision, with the common line between said subdivision and said survey line to a point for
comer;
Thence South 41° 35' 04" West, 658.48 feet (called 660.00 feet) departing said common
line to a point for corner on the common line between Lots 17 and 18 of said subdivision;
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502.778 acres October 21, 2014
Job No. 1326-0002
Thence South 48° 21' 15" East, 1,379.61 feet with the common line between Lots 17 and
18 and Lots 27 and 28 and with a southeasterly extension of said common line to a point for
corner on a northerly line of that certain tract conveyed to the Pasadena Independent School
District by an instrument of record on Film Code No. 628181, H.C.M.R. and on the arc of a
curve whose center bears South 48° 44' 52" East;
Thence with the northerly lines of said 15.00 acre tract the following two (2) courses:
1) 410.05 feet along the arc of a non -tangent curve to the left, having a central
angle of 27° 00' 18", a radius of B70.00 feet and a chord which bears South 27°
44' 59" West, 406.27 feet to a point for comer, a point of compound curve;
2) 42.37 feet along the arc of a curve to the left, having a central angle of 97° 06'
49", a radius of 25.00 feet and a chord which bears South 31° 01' 10" East, 37.48
feet to a point for corner at the end of said curve;
Thence with the westerly lines of said 15.00 acre tract the following two (2) courses:
1) South 79° 34' 34" East, 78.55 feet to a point for corner, the beginning of a curve;
2) 526.73 feet along the arc of a curve to the right, having a central angle of 24° 32'
10", a radius of 1,230.00 feet and a chord which bears South 67° 18' 29" East,
522.71 feet to a point for corner;
Thence North 41° 35' 56" East, 852.05 feet to a point for comer on the westerly line of
that certain tract called 5.721 acres conveyed to Houston Lighting & Power Company by an
instrument of record in File No. D592804, H.C.O.P.R.R.P.;
Thence South 48° 18' 49" East, 1,803.20 feet with the westerly line of said 5.721 acre
tract and with a westerly line of that certain tract called 1.938 acres conveyed to Houston
Lighting & Power Company by an instrument of record in File No. D482104, H.C.O.P.R.R.P., to
a point for corner on the northerly line of the aforesaid Green Tee Terrace Section Seven;
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502.778 acres October 21, 2014
Job No. 1326-0002
Thence South 42° 14' 25" West, 1,318.98 feet with a northerly line of said Green Tee
Terrace to a point for corner, the westerly corner of said Green Tee Terrace;
Thence South 48° 19' 06" East, 579.30 feet with the westerly line of said Green Tee
Terrace to the POINT OF BEGINNING and containing 482.097 gross acres of land however
Less and Except the following 2 tracts of land.
Less & Except 4.894 acres
All that certain tract or parcel containing 4.894 acres of land in the Thomas J. Green
Survey, A-290, Harris County, Texas, more particularly being all of Lot 49 of the Allison Richey
Gulf Coast Home Company Part of Suburban Gardens, Section "G", a subdivision of record on
Volume 4, Page 48 of the Map Records of said Harris County, Texas, (H.C.M.R.) said Lot 49
conveyed to Joseph E. Bloodworth by an instrument of record in File Number J641062, Official
Public Records of Real Property of said Harris County, (H.C.O.P.R.R.P.);
BEGINNING at the common corner of Lots 48, 49, 63 and 64 of said Section "G", same
point being the west corner of that certain tract called Lot 63 conveyed to Meritage Homes of
Texas, LLC by an instrument of record in File Number 20140226430, H.C.O.P.R.R.P.;
Thence, South 42° 07' 46" West, 329.64 feet along the common line of Lots 49 and 64 to
a point for corner, the common corner of Lots 49, 50, 64 and 65 of said Section "G";
Thence, North 48° 23' 19" West, 646.93 feet along the common line of Lots 49 and 50 to
a point for corner, the common corner of Lots 36, 37, 49 and 50 of said Section "G";
Thence, North 42° 07' 26" East, 330.02 feet along the common line of Lots 36 and 49 to
a point for corner, the common comer of Lots 35, 36, 48 and 49 of said Section "G";
Thence, South 48° 21' 17" East, 646.96 feet along the common line of Lots 48 and 49 to
the POINT OF BEGINNING and containing 4.894 acres of land.
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502.778 acres October 21, 2014
Job No. 1326-0002
Less & Except 14.710 acres
All that certain tract or parcel containing 14.710 acres of land in the Thomas J. Green
Survey, A-290, Harris County, Texas, more particularly being all of Lots 51, 52 and 67 of the
Allison Richey Gulf Coast Home Company Part of Suburban Gardens, Section "G", a
subdivision of record on Volume 4, Page 48 of the Map Records of said Harris County, Texas,
(H.C.M.R.) said Lots 51, 52 and 67 conveyed to The Villas Master Association by an instrument
of record in File Number Y176043, Official Public Records of Real Property of said Harris
County, (H.C.O.P.R.R.P.);
BEGINNING at the common corner of Lots 67, 68, 83 and 84 of said Section "G", same
point being the northwest corner of that certain tract called Tract Two, 2.2727 acre drainage
easement conveyed to Green Tee Terrace Section Seven, a subdivision of record on Film Code
No. 352061 of said H.C.M.R.;
Thence, North 48° 21' 17" West, 1,293.77 feet with the common line between Lots 52
and 53 and Lots 67 and 68 to a point for corner, the common corner of Lots 52 and 53 of said
Section "G", on the southerly line of Lot 38 of said Section "G";
Thence, North 42° 07' 25" East, 328.66 feet with the common line between Lots 38 and
52 to a point for corner, the common corner of Lots 37, 38, 51 and 52 of said Section "G";
Thence, North 42" 03' 40" East, 332.07 feet with the common line between Lots 37 and
51 to a point for corner, the common corner of Lots 50 and 51 of said Section "G";
Thence, South 48° 23' 25" East, 646.75 feet with the common line between Lots 50 and
51 to a point for corner, the common corner of Lots 50, 51, 65 and 66 of said Section "G";
Thence, South 42° 07' 46" West, 330.00 feet with the common line between Lots 51 and
66 to a point for corner, the common corner of Lots 51, 52, 66 and 67 of said Section "G";
Page 10 of 12
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502.778 acres October 21, 2014
Job No. 1326-0002
Thence South 48° 19' 44" East, 647.11 feet with the common line between Lots 66 and
67 to a point for corner, the common corner of Lots 66. 67, 82 and 83 of said Section "G";
Thence South 42° 07' 55" West, 330.15 feet with the common line between Lots 67 and
83 to the POINT OF BEGINNING and containing 14.710 acres of land.
Said Part One resulting in 462.493 net acres of land.
PART TWO
All of that certain tract or parcel containing 40.285 acres of land located in the G.C.
Smith Survey, Abstract 547, Brazoria County, Texas, being all of Lots 1 and 2, Section 18,
Kanawha -Texas Company Subdivision of parts of Sections 18 and 22, H.T. & B. RR. Co., a
subdivision of record in Volume 02, Page 51, Brazoria County Plat Records, (B.C.P.R.), said
Lots 1 and 2 conveyed to Meritage Homes of Texas, LLC by an instrument of record under File
Number 2014029728, of the Official Public Records of said Brazoria County, (B.C.O.P.R.), said
40.285 acre tract being more particularly described by metes and bounds as follows, all
bearings referenced to the Texas Coordinate System, South Central Zone (NAD 83);
BEGINNING at a point marking the southeast corner of said Lot 2, Section 18, from
which the northeast corner of Lot 1, Block 1, Final Plat of Massey Ranch Elementary, a
subdivision of record in Volume 24, Page 353, B.C.P.R., bears South 87° 19' 40' West, 38.04
feet;
Thence, South 87° 19' 40" West, 1,319.22 feet (plat 1,320 feet) with the north line of said
Final Plat of Massey Ranch Elementary, to a point for corner;
Thence, South 87° 23' 11" West, with the north line of Lot 4 of said Section 18, passing
at 660.97 feet a point marking the northwest corner of that certain tract conveyed to Terry G.
Woods, et ux by an instrument of record dated February 16, 2001 of record under File Number
01-007792, B.C.O.R. and marking the northeast corner of that certain tract conveyed to Victor
Regalado, et ux by an instrument of record dated August 28, 1997 of record under File Number
Page 11 of 12
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502.778 acres October 21, 2014
Job No. 1326-0002
97-035062, B.C.O.R., continuing in all a total distance of 1,338.44 feet (plat 1,320 feet) (called
1,338.00 feet per above referenced deeds) to a point for corner;
Thence, North 02° 41' 03" West, with the west line of said Lot 1, Section 18, 660.00 feet
to a point for corner;
Thence, North 87° 21' 45" East, with the north line of said Lot 1, Section 18, a distance
of 1,338.20 feet (plat 1,320 feet) to a point for the northeast corner of said Lot 1, Section 18 and
the northwest corner of said Lot 2, Section 18;
Thence, North 87° 21' 45" East, with the north line of said Lot 2, Section 18, a distance
of 1,320.00 feet to a point for corner;
Thence, South 02° 38' 15" East, with the east line of said Lot 2, Section 18, a distance of
659.77 feet (plat 660.00 feet), to the POINT OF BEGINNING and containing 40.285 acres of
land.
Said Part One and Part Two containing a total of 502.778 acres of land.
"This document, 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."
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LJA Engineering, Inc.
Page 12 of 12
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EXHIBIT B
ADDITIONAL TRACT
METES AND BOUNDS
545792
EXHIBIT B
METES AND
BOUNDS
TRACT FOR
SUBDIVISION
12.569 acres of land, being the residue of a 16.5513 acre tract being all of lots 8, 9 & 12 and Part of lot 7 of
partition of the East 1/2 of the Northwest 1/4 of Section 15, HT&B RR Co. Survey, A-241, Brazoria County, Texas,
according to the Plat recorded in Vol. 441, Page 265 of the Deed Records of Brazoria County, Texas, and being
more particularly described as follows:
COMMENCING at the Southwest corner of said Lot 12;
THENCE N 02 deg. 45 min. 06 sec. W along the West lines of lot 12 and 9 a distance of 211.76 feet to the POINT OF
BEGINNING of the herein described tract;
THENCE continuing N 02 deg. 45 min. 06 sec. W along the West lines of lot 12 and 9 a distance of 1153.39 feet to a
point for corner in the South R.O.W. line of Broadway (F.M. 518);
THENCE N 87 deg. 12 min. 50 sec. E along the South R.O.W. line of F.M. 518 a distance of 320.00 feet to a set
1/2 inch iron rod for corner;
THENCE S 02 deg. 46 min. 16 sec. E a distance of 573.08 feet to a found 3/8 inch iron rod for the Southeast
corner of lot 7 in the North line of lot 9;
THENCE N 87 deg. 16 min. 00 sec. E along the North line of lot 9 a distance of 340.00 feet to a set 1/2 inch iron rod
for the Northeast corner of lot 9;
THENCE 5 02 deg. 46 min. 00 sec. E along the East lines of lots 9 and 12 a distance of 622.93 feet to a set 1/2
inch iron rod for corner;
THENCE South 87°14'54" West, a distance of 250.35 feet to a point for corner;
THENCE North 02°45'06" West, a distance of 130.00 feet to a point for corner;
THENCE South 87°14'54" West, a distance of 200.44 feet to a point of curvature of a curve to the left;
THENCE along said curve to the left, having a radius of 25.00 feet, a distance of 12.93 feet, having a chord bearing
of South 72°25'44" West, a distance of 12.79 feet, being a point of reverse curve to the right;
THENCE along said curve to the right, having a radius of 50.00 feet, a distance of 65.46 feet, said curve having a
chord bearing of North 84°53'04" West, a distance of 60.88 feet;
THENCE South 53°11'21" West, a distance of 165.24 feet to the POINT OF BEGINNING and containing 12.569 acres of
land more or less.