Ord. 1522 2015-11-23 ORDINANCE NO. 1522
An ordinance extending the city limits of the City of Pearland, Texas, to
include certain land area within certain limits and boundaries and annexing
to the City of Pearland the area within such limits and boundaries (area 2,
approximately 230 acres of land generally located at south of Bailey Road,
east of Manvel Road and west of Veterans Road); approving a service plan
for all of the area within such limits and boundaries; containing other
provisions related to the subject; and providing a savings and severability
clause.
WHEREAS, the City Council of the City of Pearland, Texas, has, following due
notice and publication in accordance with the requirements of §43.052, Tex. Local Govt.
Code, conducted two (2) public hearings regarding the City's intended annexation of
certain territory located contiguous to the City and within the City's extraterritorial
jurisdiction; and
WHEREAS, public hearings were conducted before the City Council on October 12,
2015 and on October 19, 2015, at the Pearland City Hall, 3519 Liberty Drive, Pearland,
Texas; and
WHEREAS, the City of Pearland has, in accordance with §43.051 et seq.,
Tex. Local Govt. Code, complied with all procedural requirements regarding the annexation
of territory, including the preparation of a plan for extension of municipal services into the
area annexed to the City; and
WHEREAS, the City intends to fulfill those obligations imposed upon it by state law
regarding newly annexed areas, including timely provision of municipal services as required
by law; and
WHEREAS, the City Council finds and determines that the annexation intended by
this Ordinance is in the best interests of the City of Pearland and benefits the health,
safety, and welfare of the citizens of said City; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
ORDINANCE NO. 1522
Section 1. That the boundaries and limits of the City of Pearland, Texas are
hereby extended to embrace and include all of the territory described in Exhibit "A"
attached hereto and made a part hereof, with the exception of the properties identified in
Section 2 of this Ordinance which are specifically excluded from this annexation.
Section 2. Pursuant to Section 43.035 of the Tex. Local Govt. Code, the City of
Pearland offered certain property owners (agriculturally exempt properties) the right to
maintain their extraterritorial status and have their properties excluded from this annexation
by entering into a Development Agreement; therefore the properties that are the subject of
the Development Agreements attached hereto as Exhibits "B" and "C" are hereby
excluded from the boundaries of this annexation.
Section 3. The plan for extension of municipal services into the territory annexed
to the City of Pearland by the provisions of this Ordinance is set forth in the City of
Pearland, Texas, Service Plan for approximately 230 acres, more or less, to be annexed
into the City of Pearland, Brazoria County, Texas attached hereto as Exhibit "D" and made
a part hereof for all purposes. Such Municipal Service Plan is hereby approved.
Section 4. The City Council officially finds, determines, recites and declares that
sufficient written notices of the date, hour, place and subject matter of the meetings of the
City Council at which this Ordinance was considered were posted at a place convenient to
the public at the City Hall of the City of Pearland for the time required by law preceding
said meetings, as required by law; and that said meetings have been open to the public, as
required by law, at all times during which this Ordinance and the subject matter thereof
has been discussed, considered and formally acted upon. The City Council further ratifies,
approves and confirms such written notices and the contents and posting thereof.
ORDINANCE NO. 1522
Section 5. Savings. All rights and remedies which have accrued in favor of the
City under this Chapter and amendments thereto shall be and are preserved for the benefit
of the City.
Section 6. Severability. If any section or part of this Ordinance be held
unconstitutional, illegal or invalid, or the application thereof ineffective or inapplicable as to
any territory, such unconstitutionality, illegality, invalidity, or ineffectiveness of such
section or part shall in no wise affect, impair or invalidate the remaining portions, the same
shall be and remain in full force and effect; and should this Ordinance for any reason be
ineffective as to any part of the area hereby annexed to the City of Pearland, such
ineffectiveness of this Ordinance as to any such part or parts of any such areas shall not
affect the effectiveness of the Ordinance as to all of the remainder of such area, and the
City Council hereby declares it to be its purpose to annex to the City of Pearland, subject
to the limitations contained herein, the area described in Exhibit "A", attached hereto,
regardless of whether any other part of such described area is hereby effectively annexed
to the City. Provided, further, that if there is included in the general description of territory
set out in Exhibit "A", attached hereto, any land or area which is already a part of and
included within the general limits of the City of Pearland, or which is presently part of and
included in the limits of any other city, town or village, or which is not within the City of
Pearland's jurisdiction to annex, the same is hereby excluded and excepted from the
territory to be annexed as fully as if such excluded and excepted area was specifically
described herein.
PASSED and APPROVED on First Reading this the 9th day of
November, A. D., 2015.
ORDINANCE NO. 1522
-___--:-____ 191 Cr----L
TOM REID
MAYOR
ATTEST:
````►►►1 U 11 i,,,I
k �Q RLA4
Or' •. �.
Y� LNG L• 4 ING, T-/ / =-'i / k
I Y SE•74 ARY
PASSED and APPROVED on Second and Final Reading this the 23'Iday of
November, A. D., 2015.
,._. 014 "--------7J-'4---:i
TOM REID
MAYOR
TTEST: o►► 111,,'',,
/ ‘.`eR
9 .
A ", .l. �� .1 ,'r :�.:
Yi NG LO`rING, T-∎ C =v••. k
• SEC-. ARY - `•.
AP VED AS TO FORM:
46"--...- (97:14•-■_
DARRIN M. COKER _
CITY ATTORNEY
I
Ordinance No. 1522
EXHIBIT"A"
AREA 2
METES AND BOUNDS DESCRIPTION
230 ACRES MORE OR LESS OUT OF
LOTS 1,2, 11, 21, 31,41 AND 51
SECTION 24,GEORGE C. SMITH SURVEY
ABSTRACT 549 AND
LOTS 1, 11,21, 31, 41 AND 51, SECTION 25
H.T. &B. R.R. COMPANY SURVEY,ABSTRACT 245
AND LOTS 1, 11 AND 21, SECTION 26
GEORGE C. SMITH SURVEY,ABSTRACT 550
BRAZORIA COUNTY,TEXAS
The above described 230 acres of land, more or less being generally located in Lots 1, 2, 11, 21,
31, 41 and 51, Allison Richey Gulf Coast Home Company Subdivision, Section 24, according to
the plat thereof as recorded in Volume 2, Page 89 Brazoria County Plat Records, George C.
Smith Survey, Abstract 549 and Lots 1, 11, 21, 31, 41 and 51, Allison Richey Gulf Coast Home
Company Subdivision, Section 25, according to the plat thereof as filed in Volume 2, Page 10
Brazoria County Plat Records, H.T. & B. R.R. Company Survey, Abstract 245 and Lots 1, 11
and 21, Allison Richey Gulf Coast Home Company Subdivision, Section 26, according to the
plat thereof as filed in Volume 2, Page 129 Brazoria County Plat Records, George C. Smith
Survey, Abstract 550, Brazoria County, Texas; the north line being the south line of City of
Pearland Ordinance No. 826 which is parallel with and 30' south of the north line of Abstracts
549, 245 and 550; the west line being parallel with and 100' east of the west line of said Abstract
549 and being common with City of Pearland Ordinance No. 31 and the east line being common
with City of Pearland Ordinance No. 826 (called to be the west right-of-way line of Veterans
Drive(Pearland Sites Road)based on 60' width);
All that certain 230 acres of land, to be annexed into the City of Pearland and being all or portion
of Lots 1, 2, 11, 21, 31, 41 and 51, Section 24, George C. Smith Survey, Abstract 549, and being
all of or part of Lots 1, 11, 21, 31, 41 and 51, Section 25, H.T. & B. R.R. Company Survey,
Abstract 245 and all of or part of Lots 1, 11 and 21, Section 26, George C. Smith Survey,
Abstract 550, Brazoria County, Texas and being more particularly described by metes and
bounds as follows;
Commencing at a point marking the common northwest corner of said Section 24, Abstract 549
and the northeast corner of Section 23, Abstract 290; Thence Easterly- 100', more or less, with
the north line of said Abstract 549 to a point for corner; Thence Southerly- 30', more or less,
with City of Pearland Ordinance No. 31 and a line 100' east of the west line of said Abstract 549
to the POINT OF BEGINNING of herein described tract;
1. Thence Easterly- 13,070', more or less, with the south line of City of Pearland Ordinance
No. 826 which is parallel with and 30' south of the north line of Abstracts 549, 245 and 550
to a point for corner;
2. Thence Southerly- 796', more or less, with the common line of City of Pearland Ordinance
No. 826 to a point for corner;
2.metes and Bounds(Area 2) 1
3. Thence Westerly—2,629', more or less, with the south line of the following tracts as filed in
Clerk's File Numbers 2014-054242, 95-010836, 2002-031974 and 2006-061444 as filed in
the Official Records of Real Property of Brazoria County to a point for corner marking the
southwest corner of that certain tract as described in a deed dated 12-10-2014 from Elbert
Eugene Thomas, Jr. to William E. Thomas and Sandra Sheffield as filed in the Official
Records of Real Property of Brazoria County at Clerk's File Number 2014-054242 said point
also being located on the west line of said Section 26, George C. Smith Survey,Abstract 550;
4. Thence Northerly—414', more or less, with the west line of said Abstract 550 to a point for
corner marking the southeast corner of that certain tract as described in a deed dated
11-06-2014 from Hai Xuan Tran to Oak Valley Mobile Home Park, LLC. as filed in the
Official Records of Real Property of Brazoria County at Clerk's File Number 2014-048224;
5. Thence Westerly—420', more or less, with the south line of said Oak Valley Mobile Home
Park, LLC. tract to a point for corner marking the southwest corner of said Oak Valley
Mobile Home Park, LLC. tract;
6. Thence Southerly—414', more or less, with the east line of that certain tract as described in a
deed dated 03-31-1989 from Kathleen O'Connell Scott to John Frazier, et al. as filed in
Volume (89) 663, Page 307 Brazoria County Official Records to a point for corner marking
the southeast corner of said Frazier tract;
7. Thence Westerly—2,207',more or less, with the south line of said Frazier tract and the south
line of said Lots 31, 41 and 51, Section 25, Abstract 245 to a point marking the southwest
corner of that certain tract as described in a deed dated 06-09-2004 from Pete Raymond
Garcia to Carlos Alfaro as filed in the Official Records of Real Property of Brazoria County
at Clerk's File Number 2004-034290 to a point for corner marking the southeast corner of
said Alfaro tract;
8. Thence Northerly — 171', more or less, with the west line of said Alfaro tract to a point
marking the southeast corner of that certain tract as described in a deed dated 12-14-2004
from Bernice A. Meyer to Milton F. Meyer as filed in the Official Records of Real Property
of Brazoria County at Clerk's File Number 2004-074655;
9. Thence Westerly— 880', more or less, with the south line of said Milton F. Meyer tract to a
point on the west line of said Lot 21, Section 25, Abstract 245;
10. Thence Southerly—70', more or less, with the west line of said Lot 21, Section 25, Abstract
245 to a point for corner;
11. Thence Westerly—436', more or less, with the south line of that certain tract as described in
a deed dated 02-25-2015 from Estello Soliz to Reynaldo D. Soliz, Jr. et ux. as filed in the
Official Records of Real Property of Brazoria County at Clerk's File Number 2015-008265
to a point for corner marking the southwest corner of said Reynaldo D. Soliz,Jr. et ux. tract;
12. The Southerly— 101', more or less, with the east line of that certain tract as described in a
deed dated 03-23-2007 from Jackie Ann Hill to Raymond Allen Hill as filed in the Official
Records of Real Property of Brazoria County at Clerk's File Number 2007-025890 to a point
for corner marking the southeast corner of said Hill tract;
2.metes and Bounds(Area 2) 2
13.Thence Westerly— 1,333', more or less,with the south line of said Lots 11 and 1, Section 25,
Abstract 245 to a point for corner;
14. Thence Southerly— 5', more or less, with the east line of said Lot 51, Section 24, Abstract
549 to a point for corner marking the southeast corner of said Lot 51;
15. Thence Westerly— 1,745', more or less, with the south line of said Lot 51 and said Lot 41 to
a point for corner marking the southwest corner of said Lot 41;
16.Thence Northerly— 134', more or less,with the east line of that certain tract as described in a
deed dated 04-01-1986 from Elo Mitchel, Jr. et al. to James R. Brashier, et ux. as filed in the
Volume(86)263,Page 188 Brazoria County Official Records to a point for corner;
17. Thence Westerly—655', more or less, with the north line of said Brashier tract to a point for
corner marking the northwest corner of said Brashier tract;
18. Thence Southerly— 134', more or less,with the west line of said Brashier tract, to a point for
corner;
19. Thence Westerly — 1,104', more or less, with the south line of said Lot 21, Section 24,
Abstract 549 to a point marking the southwest corner of said Lot 21;
20. Thence Westerly—880', more or less, with the south line of said Lot 11, Section 24, Abstract
549 to a point for corner marking the southwest corner of said Lot 11;
21. Thence Southerly—495', more or less, with the east line of said Lot 2, Section 24, Abstract
549 to a point for corner marking the southeast corner of said Lot 2;
22. Thence Westerly—780', more or less,with the south line of said Lot 2 to the east line of City
of Pearland Ordinance No. 31 and said point being 100' east of the southwest corner of said
Lot 2;
23. Thence Northerly— 1,295', more or less, with City of Pearland Ordinance No. 31 and a line
100' east of the west line of said Abstract 549 to the POINT OF BEGINNING and
containing a gross area of 238 acres of land more or less. Save and Except 8 acres, more or
less, being the west one-half Lot 11, Allison Richey Gulf Coast Home Company, Section 25
according to the plat thereof filed in Volume 2, Page 10 Brazoria County Plat Records and
being that certain tract described in a deed dated 03-23-2007 from Jackie Ann Hill to
Raymond Allen Hill as filed in the Official Records of Real Property of Brazoria County,
Texas at Clerk's File Number 2007-25890, leaving a net acreage of 230 acres more or less.
"This document was prepared under 22 TAC 663.21, does not reflect the results of an on the
ground survey, and is not be used to convey or establish interest in real property except those
right and interests implied or established by the creation or reconfiguration of the boundary of
the political subdivision for which it was prepared."
2.metes and Bounds(Area 2) 3
This metes and bounds description is accompanied by a separate plat, drawing or exhibit per
Texas Board of Professional Land Surveyor's "General Rules of Procedures and Practices"
Section 663.19(9).
Compiled by: C.L. Davis&Company
Firm No.: 10082000
Job Number: 11-421-141-2015 Annexation Area 2 M&B (R3) - 11-04-2015
06-22-2010
REVISED: 06-28-2010
REVISED: 08-27-2015
REVISED: 11-04-2015
2.metes and Bounds(Area 2) 4
EXHIBIT
STATE OF TEXAS §
§ I
COUNTY OF BRAZORIA §
CHAPTER 43 TEXAS LOCAL GOVERNMENT CODE
DEVELOPMENT AGREEMENT
This Agreement is entered into pursuant to Sections 43.035 and 212.172 of the Texas Local
Government Code by and between the City of Pearland, Texas (the "City") and the undersigned
property owner(s) (the"Owner"). The term "Owner" includes all owners of the Property.
WHEREAS, the Owner owns a parcel of real property (the "Property") in Brazoria County,
Texas, which is more particularly and separately described in the attached Exhibit"A"; and
WHEREAS, the City has begun the process to institute annexation proceedings on all or portions
of Owner's Property; and
WHEREAS, the Owner desires to have the Property remain in the City's extraterritorial
jurisdiction, in consideration for which the Owner agrees to enter into this Agreement; and
WHEREAS, this Agreement is entered into pursuant to Sections 43.035 and 212.172 of the
Texas Local Government Code, in order to address the desires of the Owner and the procedures
of the City; and
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties
hereto agree as follows:
Section 1. The City guarantees the continuation of the extraterritorial status of the Owner's
Property, its immunity from annexation by the City, and its immunity from City property taxes,
for the term of this Agreement, subject to the provisions of this Agreement. Except as provided
in this Agreement, the City agrees not to annex the Property, agrees not to involuntarily institute
proceedings to annex the Property, and further agrees not to include the Property in a statutory
annexation plan for the Term of this Agreement. However, if the Property is annexed pursuant
to the tenns of this Agreement, then the City shall provide services to the Property pursuant to
Chapter 43 of the Texas Local Government Code.
Section 2. The Owner covenants and agrees not to use the Property for any use other than for
agriculture, wildlife management, and/or timber land consistent with Chapter 23 of the Texas
Tax Code, except for existing single-family residential use of the property, without the prior
written consent of the City. The Owner covenants and agrees that the Owner will not file any
type of subdivision plat or related development document for the Property with Brazoria County
or the City until the Property has been annexed into, and zoned by, the City. The Owner
covenants and agrees not to construct, or allow to be constructed, any buildings on the Property
that would require a building permit if the Property were in the city limits, until the Property has
been annexed into, and zoned by, the City. The Owner also covenants and agrees that the City's
Suburban Development (SD) District zoning requirements apply to the Property, and that the
Property shall be used only for Suburban Development (SD) District zoning uses, as described in
the City's Unified Development Code, that exist on that Property at the time of the execution of
this Agreement, unless otherwise provided in this Agreement. However, the Owner may
construct an accessory structure to an existing single family dwelling in compliance with all
applicable City ordinances and codes. The Owner acknowledges that each and every owner of
the Property must sign this Agreement in order for the Agreement to take full effect, and the
Owner who signs this Agreement covenants and agrees,jointly and severably,to indemnify, hold
harmless, and defend the City against any and all legal claims, by any person claiming an
ownership interest in the Property who has not signed the Agreement, arising in any way from
the City's reliance on this Agreement.
Section 3. The Owner acknowledges that if any plat or related development document is filed in
violation of this Agreement, or if the Owner commences development of the Property in
violation of this Agreement, then in addition to the City's other remedies, such act will constitute
a petition for voluntary annexation by the Owner, and the Property will be subject to annexation
at the discretion of the City Council. The Owner agrees that such annexation shall be voluntary
and the Owner hereby consents to such annexation as though a petition for such annexation had
been tendered by the Owner. If annexation proceedings begin pursuant to this Section, the Owner
acknowledges that this Agreement serves as an exception to Local Government Code Section
43.052, requiring a municipality to use certain statutory procedures under an annexation plan.
Furthermore, the Owner hereby waives any and all vested rights and claims that they may have
under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would
otherwise exist by virtue of any actions Owner has taken in violation of Section 2 herein.
Section 4. Pursuant to Sections 43.035(b)(1)(B) of the Texas Local Government Code, the City
is authorized to enforce all of the City's regulations and planning authority that do not materially
interfere with the use of the Property for agriculture, wildlife management, or timber, in the same
manner the regulations are enforced within the City's boundaries. The City states and
specifically reserves its authority pursuant to Chapter 251 of the Texas Local Government Code
to exercise eminent domain over property that is subject to a Chapter 43 and/or Chapter 212
development agreement.
Section 5. The term of this Agreement (the "Term") is five (5) years from the date that the City
Manager's signature to this Agreement is acknowledged by a public notary. The Owner, and all
of the Owner's heirs, successors and assigns shall be deemed to have filed a petition for
voluntary annexation before the end of the Term, for annexation of the Property to be completed
on or after the end of the Term. Prior to the end of the Term, the City may commence the
voluntary annexation of the Property. In connection with annexation pursuant to this section, the
Owners hereby waive any vested rights they may have under Section 43.002(a)(2) and Chapter
245 of the Texas Local Government Code that would otherwise exist by virtue of any plat or
construction any of the owners may initiate during the time between the expiration of this
Agreement and the institution of annexation proceedings by the City.
Section 6. Property annexed pursuant to this Agreement will initially be zoned AO —
Agricultural Open pursuant to the City's Code of Ordinances, pending determination of the
property's permanent zoning in accordance with the provisions of applicable law and the City's
Code of Ordinances.
Section 7. Any person who sells or conveys any portion of the Property shall, prior to such sale
or conveyance, give written notice of this Agreement to the prospective purchaser or grantee, and
shall give written notice of the sale or conveyance to the City. Furthermore, the Owner and the
Owner's heirs, successor, and assigns shall give the City written notice within 14 days of any
change in the agricultural exemption status of the Property. A copy of either notice required by
this section shall be forwarded to the City at the following address:
City of Pearland
Attn: City Manager
3519 Liberty Drive
Pearland, Texas 77584
Section 8. This Agreement shall is binding upon the City and the Owner and their respective
successors and assigns for the Term and run with the Property and be recorded in the real
property records of Brazoria County,Texas.
Section 9. If a court of competent jurisdiction determines that any covenant of this Agreement is
void or unenforceable, including the covenants regarding involuntary annexation, then the
remainder of this Agreement shall remain in full force and effect. Section 10. This Agreement
may be enforced by any Owner or the City by any proceeding at law or in equity. Failure to do
so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter.
Section 11. No subsequent change in the law regarding annexation shall affect the enforceability
of this Agreement or the City's ability to annex the properties covered herein pursuant to the
terms of this Agreement.
Section 12. Venue for this Agreement shall be in Brazoria County, Texas.
Section 13. This Agreement may be separately executed in individual counterparts and, upon
execution, shall constitute one and same instrument.
Section 14. This Agreement shall survive its termination to the extent necessary for the
implementation of the provisions of Sections 3, 4, and 5 herein.
Entered into this Cj day of 0 (` , 2015.
Owner
le --P5Nafi--42-
Printed Name: 471,,, �: .'
Owner
Printed Name:
Owner
Printed Name:
Owner
Printed Name: a PersA...
Cla ' •rson
City anager, ity of Pearland,Texas
THE STATE OF TEXAS §
§
COUNTY OF §
This instrument was acknowledged before me on the S day of O c.4
2015,by 2 .���� A. 0 . k1 ,Owner.
CHARLES EDWARD SPROUSE
(I-f' �f Notary Pub{n V STATE OF TEXA8
My Comm.Exp.10-16-2015
Notary Public. State of Texas
THE STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on the day of
2015,by ,Owner.
Notary Public, State of Texas
THE STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on the day of
2015,by ,Owner.
Notary Public, State of Texas
THE STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on the day of
2015,by ,Owner.
Notary Public,State of Texas
THE STATE OF TEXAS
COUNTY OF} C
This instrument was acknowledged before me on the J day of L ,
2015,by Clay Pearson,City Manager,City of Pearland, Texas.
r``:;�f":; JENIFER K.SMITH
Not •Public. State of Texas a�•t.•
li i Notary Public.State of Texas
s, : F My Commission Expires
July 15, 2018
6Lv 3 'is;"7,4,4****':.*'' '.** ^ .'*'•4,1,
4 •
— '- - a • ' -- °, l'' , ',...",'-:. ..,-'''..-10.,,r--.., s?,
.,,k,•f.,1.,,A t-orto.,r p
,
..e . ,,,.0
'.' t' , 4;1444 i'1,*" :47-. '74'.--4
-II Z ` g''. '''...; .10,:f.,:".,4".1": Ai
--IP::': ''44' lk.'
It'''. 11.410.!$:2'4,..,A....,,,' ' -""
1
, --,
_
I ilifei.
,c.,. -4,.
.0 \—'"•,‘-' *i." , i
A
.*, ... , , - * '
-4-4 . ..i . -- - '- -- , , , .4%,:, 4
— -- - = ,: ittit- -.
,`.4. -Iiiks ' '1"''' . * ..
..„,,,
, .
.,,,,, .,. I.::,..,,,,,,
.,.jpt. , ........ , .., - „
4,4 dor leo ,0;6.,06,41.,
1N43111‘Mn i
rid
, .
, . ..4 ! ..... .. .4 .., . It : ;"7' .4fr k ' tr,
iie-
V ,.: ', '..,'
-T- ,.,-.,,
.
,
,,,,,,114'4VOINI: 11
i
"-*
411` ' ...e. 4 : ,.'..u,,. ,v..,...-‘....4t,,„ ..o....----.4:.., ....;: ' '-..t•
,—...1 .-- :„....., 7 ..„ ' ' 4 '4.47L. 44,A,t1 4-
. ' le' -; ''44:' all:, 4 4 t■ '--
" .
-
.,.„'
.kt
,„,,,..'1,- ' *, ,-...' '''',4•L"- rrr,
14.
.1..r.„ ,..„7,i• ° ,„,,,,,,* . .4x i 1..
4
—, -4
rit. 4.1i. i
..-, . --•
n"i r V..t.
1
. .
,
4-
I
V t
.
1
.4.,...
,,,..
Rd bi 3 N
M
1- . --tsv,
I
..—
i' )—i
4 r ..... — ,
; z ' 1 ,
00
it :
'
Pt > Z
_ „.
01 CIA C
.. i:. . ,
So-.:-..r.. -
', ''' 0
tli I.'*3
x 1-
1 eD 't
--, = ._,..: , = _-- -.- 1-4
11 cii
i 0 1-
0 Pa
,:,.. '-'.on
?. ,,,_--,:. : = _- %
€$
r.)
..1 m ,iy fib,
e-t-
:-.I:
Cr: 0 I■1
.,
Z CT Z C
44
C.T1:-. ,...; .
0..
Z
7, -_, !=... ,t,. .,.. .T•-.-s, 7 ,,,, ..°;.'.- _At.
1..... CD
I...a
)
F--: .• i ' •s-
i'.• - . := .
= ——
Young Lorfing
From: Yvette Connevey
Sent: Friday, October 09, 2015 10:24 AM
To: 'rhill @gtiengr.com'
Subject: Chapter 43 Texas Local Government Code Development Agreement
Attachments: Scanned from a Xerox Multifunction Device.pdf
Mr.Hill,
Attached is the signed Development Agreement. Please give me a call if you have any questions or any issues with the pdf file.
Best Regards,
Yvette Connevey
Yvette Connevey ihet Connected:
Executive Assistant I City Manager
City of Pearland 1 3519 Liberty Drive I Pearland, TX 77581
P: 281.652.1662
pearlandtx.ciov
1
EXHIBIT
STATE OF TEXAS § c'
§ 1
COUNTY OF BRAZORIA §
CHAPTER 43 TEXAS LOCAL GOVERNMENT CODE
DEVELOPMENT AGREEMENT
This Agreement is entered into pursuant to Sections 43.035 and 212.172 of the Texas Local
Government Code by and between the City of Pearland, Texas (the "City") and the undersigned
property owner(s) (the "Owner"). The term"Owner"includes all owners of the Property.
WHEREAS, the Owner owns a parcel of real property (the "Property") in Brazoria County,
Texas, which is more particularly and separately described in the attached Exhibit"A"; and
WHEREAS, the City has begun the process to institute annexation proceedings on all or portions
of Owner's Property; and
WHEREAS, the Owner desires to have the Property remain in the City's extraterritorial
jurisdiction, in consideration for which the Owner agrees to enter into this Agreement; and
WHEREAS, this Agreement is entered into pursuant to Sections 43.035 and 212.172 of the
Texas Local Government Code, in order to address the desires of the Owner and the procedures
of the City; and
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties
hereto agree as follows:
Section 1. The City guarantees the continuation of the extraterritorial status of the Owner's
Property, its immunity from annexation by the City, and its immunity from City property taxes,
for the term of this Agreement, subject to the provisions of this Agreement. Except as provided
in this Agreement, the City agrees not to annex the Property, agrees not to involuntarily institute
proceedings to annex the Property, and further agrees not to include the Property in a statutory
annexation plan for the Term of this Agreement. However, if the Property is annexed pursuant
to the terms of this Agreement, then the City shall provide services to the Property pursuant to
Chapter 43 of the Texas Local Government Code.
Section 2. The Owner covenants and agrees not to use the Property for any use other than for
agriculture, wildlife management, and/or timber land consistent with Chapter 23 of the Texas
Tax Code, except for existing single-family residential use of the property, without the prior
written consent of the City. The Owner covenants and agrees that the Owner will not file any
type of subdivision plat or related development document for the Property with Brazoria County
or the City until the Property has been annexed into, and zoned by, the City. The Owner
covenants and agrees not to construct, or allow to be constructed, any buildings on the Property
that would require a building permit if the Property were in the city limits, until the Property has
been annexed into, and zoned by, the City. The Owner also covenants and agrees that the City's
Suburban Development (SD) District zoning requirements apply to the Property, and that the
Property shall be used only for Suburban Development (SD) District zoning uses, as described in
the City's Unified Development Code, that exist on that Property at the time of the execution of
this Agreement, unless otherwise provided in this Agreement. However, the Owner may
construct an accessory structure to an existing single family dwelling in compliance with all
applicable City ordinances and codes. The Owner acknowledges that each and every owner of
the Property must sign this Agreement in order for the Agreement to take full effect, and the
Owner who signs this Agreement covenants and agrees,jointly and severably,to indemnify, hold
harmless, and defend the City against any and all legal claims, by any person claiming an
ownership interest in the Property who has not signed the Agreement, arising in any way from
the City's reliance on this Agreement.
Section 3. The Owner acknowledges that if any plat or related development document is filed in
violation of this Agreement, or if the Owner commences development of the Property in
violation of this Agreement, then in addition to the City's other remedies, such act will constitute
a petition for voluntary annexation by the Owner, and the Property will be subject to annexation
at the discretion of the City Council. The Owner agrees that such annexation shall be voluntary
and the Owner hereby consents to such annexation as though a petition for such annexation had
been tendered by the Owner. If annexation proceedings begin pursuant to this Section, the Owner
acknowledges that this Agreement serves as an exception to Local Government Code Section
43.052, requiring a municipality to use certain statutory procedures under an annexation plan.
Furthermore, the Owner hereby waives any and all vested rights and claims that they may have
under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would
otherwise exist by virtue of any actions Owner has taken in violation of Section 2 herein.
Section 4. Pursuant to Sections 43.035(b)(1)(B) of the Texas Local Government Code, the City
is authorized to enforce all of the City's regulations and planning authority that do not materially
interfere with the use of the Property for agriculture, wildlife management, or timber, in the same
manner the regulations are enforced within the City's boundaries. The City states and
specifically reserves its authority pursuant to Chapter 251 of the Texas Local Government Code
to exercise eminent domain over property that is subject to a Chapter 43 and/or Chapter 212
development agreement.
Section 5. The term of this Agreement (the "Term") is five (5) years from the date that the City
Manager's signature to this Agreement is acknowledged by a public notary. The Owner, and all
of the Owner's heirs, successors and assigns shall be deemed to have filed a petition for
voluntary annexation before the end of the Term, for annexation of the Property to be completed
on or after the end of the Term. Prior to the end of the Term, the City may commence the
voluntary annexation of the Property. In connection with annexation pursuant to this section, the
Owners hereby waive any vested rights they may have under Section 43.002(a)(2) and Chapter
245 of the Texas Local Government Code that would otherwise exist by virtue of any plat or
construction any of the owners may initiate during the time between the expiration of this
Agreement and the institution of annexation proceedings by the City.
Section 6. Property annexed pursuant to this Agreement will initially be zoned AO —
Agricultural Open pursuant to the City's Code of Ordinances, pending determination of the
property's permanent zoning in accordance with the provisions of applicable law and the City's
Code of Ordinances.
Section 7. Any person who sells or conveys any portion of the Property shall, prior to such sale
or conveyance, give written notice of this Agreement to the prospective purchaser or grantee, and
shall give written notice of the sale or conveyance to the City. Furthermore, the Owner and the
Owner's heirs, successor, and assigns shall give the City written notice within 14 days of any
change in the agricultural exemption status of the Property. A copy of either notice required by
this section shall be forwarded to the City at the following address:
City of Pearland
Attn: City Manager
3519 Liberty Drive
Pearland, Texas 77584
Section 8. This Agreement shall is binding upon the City and the Owner and their respective
successors and assigns for the Term and run with the Property and be recorded in the real
property records of Brazoria County, Texas.
Section 9. If a court of competent jurisdiction determines that any covenant of this Agreement is
void or unenforceable, including the covenants regarding involuntary annexation, then the
remainder of this Agreement shall remain in full force and effect. Section 10. This Agreement
may be enforced by any Owner or the City by any proceeding at law or in equity. Failure to do
so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter.
Section 11. No subsequent change in the law regarding annexation shall affect the enforceability
of this Agreement or the City's ability to annex the properties covered herein pursuant to the
terms of this Agreement.
Section 12. Venue for this Agreement shall be in Brazoria County,Texas.
Section 13. This Agreement may be separately executed in individual counterparts and, upon
execution, shall constitute one and same instrument.
Section 14. This Agreement shall survive its termination to the extent necessary for the
implementation of the provisions of Sections 3, 4, and 5 herein.
Entered into this li//day of !/�AL- , 2015.
.) BrA F}mzs /.
Owner
Printed Name: /' e
id,f
Owner
Printed Name-
Owner
Printed Name:
Owner
Printed Name:
Clay Pearson
City Manager, City of Pearland, Texas
THE STATE OF TEXAS §
§
COUNTY OF §
This instrument was acknowledged before me on the / day of 0C 'L
2015,by'JC.�ryles 1Z. I3ra Sh.perr .Owner.
. Z:V/g;,, JENIFER K.SMITH
r- ; � l `�= Notary Public,State of Texas
= My Commission ExPrres
N ry P slic. State of Texas '%.,;;1s July 15, 2018
yNNim
THE STATE OF TEXAS
COUNTY OF
+f�
This instrum nnt was acknowledged before me on the i 4 day of e.. ?-1
2015,by J(c.CLi-i-h rash er ,Owner.
�' ,.,,•.. ,.�,,, JENIFER K. SMITH
=� i Notary Public,State of Texas
iv'cu r} Pu ic. State of Texas ;•, - fry Commission Expires
--"'"/"4"+'` July 15, 2018
THE STATE OF TEXAS -
COUNTY OF
This instrument was acknowledged before me on the day of
2015,by ,Owner. --
Notary Public, State of Texas
THE STATE OF TEXAS
COUNTY OF
this instrument was acknowledged before me on the day of
2015,by ,Owner.
Notary Public, State of Texas
THE STATE OF TEXAS
COUNTY OF}
This instrument was acknowledged before me on the -day of
2015, by Clay Pearson, City Manager,City of Pearland, Texas.
Notary Public, State of Texas
gl i
z- _--- z
,!rD•:,..--- :4.. ,'-' IL".
Z GO
1.CD S-1
7.--, ti E -..•.) ':, X
0 0 ao •-, 4r, ,,,.. .,.,.. ,
4-. -,•,,---: < cP ;15iEg
., ti 7 .-, >.% c ■7:
1....1 0 t■ 4
.:'
„.,... ,... ,.„.
5 ,.........c,f.
I."'• rn
-,.-- it -
-4.•
CZ Ili ar"-
,:-..
r-I
S.4 r.•.... ,...*
.. — .1 , r. 7..- ...„ • 0.
,..-:: r t, - r 2 •.-.,Lr-
LO ......,=
Cm)
......4 E ,54* °.? 1:4
0 -.,.. ,, . ,- 4,, 7 l' .-.., r,•-•.7, ..
• ) ..: 17-
H ....,74
.11 , i....1 = CI)
2 z. :•-• '7,:,
1.•■( V5 cn a)
:::: :,,,,... „ ,...
f.4...1
$.4 N at
—
-= ..4
• , -„:--:4-•,. ;., ,— :r,:_.
Z
,..„,..........,....„4,7s., ...,n,_ .._. ---..., ..., „s„. a , ,,,,, •
....
,
'.. - • . . -Ntooti, .`11,
.
,
., . V .
' .
•, .
.
,_4 Or ,t: 7111 I r1 1,1 14'
.'-.. t ' • .--
.. ..
. ,
..
111.,
,.,.. ,
,,--4- .;.: ,.., ,.,,,,.---'.- • . I sit 14... ,n:.- -. ,. . ...... . .., . ..
. , , .. , - -.5- 4.'.--•,-..---..,,,,,,,,,-, . I - '1. ' ---,, 4,',,,, . i'.,_ .':1.;,' • - 0.4‘..%le
.-t„.k ..tik ,., - .„ ,..,-;-:, n , '.., :7'" '•'-...-''''...:,•,',' - '- ' R 831
, ---....--"*, '
, ,..
... -
,;, -, . • . - -..i„,.,..-t.„,,,,,,,,,,----
..„
. .., _ 4-•- -:'- . .', , --
'
• , ,
. _
- L.. . !
V :
-
i,..7....„. ,..,
= -...,..., .
,„*.L.,,,:-...4...- ...
A • . ..,....,
',=',...••.*4 \ . *
..,. - .
. ....
4
. -A '.t.'. 0 .4,O*,,Y:,
A ANN-'A O-..,,1..-•.;,''
.-.A..,.
',.
•
' -,--...t. ''':# - -•-• ,' , ''' .".r I.i -'' '.'r '•-o'r r'-'3‘.4,4' ' r' # it, ' •',- - - .
• - 144
! .,.. p"....
, .
. ,
....
' 4
... .... -.; ,,,,..*....„.., -.._ , ..‘,4--.. , -I
it .,.. ,
.1. '• ■•
i i
. •-:- . '4
. — ....--..,.4..:4 ,,,
'Ni,.. L' L.'...4.':.N.,'L' - -L*V.... ,,4- ,,',".',..r. --.
..-
... . , ,
' i, -• .,' ‘,' ---. '''..-' YI.:•
..-
411V- ' ' ' ' ' saika,„, ' .-, •. , ..., '....„-,..,4 ,-,-;,:: ,+•,t ... .
., - ; : •• • k.-.;,..4C1..Y•it.,-:.-
' 7',4,It.• .--'. • ,I lit . VIP1.111111. ,,' i . • , A 4V 1. ,..i,1r,
,, . 4.:'. ,,It''. :::.,t,'„...t;;',-; -'''‘'•'''', '
.. . • •T•••• ,
.."•*.
1- ' -,*,`-'14.- "': ':' ''..!%•,;•'4',....:•,-,',.!,•;,:,
'• s.dro
441Igi
.6._ .0, • .".,,... .v•,*rEi
lialtriur'''' -'' ".• ' :.
&I,0;it.4,:.,,,,,.," ..::1,-•,;.,,i...i,,„:'.,':,,••••:,,•,,.75....4..i..:,..',•,:se.,''';''',.,;.',,,,: •••••'
......•
,,,!Alt7*—,*,
• • -,••••'!„ 7,, •.4,„x:. ..4•,,,,,,;,..‘,,,- LU
.. 7 41---
, _ •• .
, ,— ,.
.i a II 1 ', :t ..,.-iir,-.F.;,..e. >.l'...1.^..:,..--•-:-,-'''',•'‘,4•*!..••:. .,.
4. *
J- '- -",r,•,...,,,,,•,,',.' 4..• c
It *, ' " • •-
,,, : . .....„.7 .,. . , ,
..,•-,,,, .., - -.'s-4.--.- ' . . .: ,. 1 ,, ,-. ' ,..... ...' ' :' ' ' V. ..,, ....,, . :,
If.
'"...;;;
. .,. . .
. . . ,. .,
-I.- '',.:'..-,*' "1..--! ' ' ". " "
-...
.,
'="..=!'' .. .,,..o.r. 4 r•.:4,
'U". 4 . 1 'k . 7' • -.' ,.'..' •-• .....„...,,,C‘........!..r..4'.,,,;•L'''.,-• . ,.,„. . ;.',., -,-- A' • , ,
— ,
. .. ,, • . ‘ , •-., '... -, ,-' - 44,,ist-••••• • 1k'' '
:14,,,,,-,r., 4,-4 IP •.. .,,„, . - , - . ,lz.r'''''-'°:-A-tr..",!. .' ....."
■
'. ...... '1.2.7.,, .-
. ...
EXHIBIT D
CITY OF PEARLAND, TEXAS
SERVICE PLAN FOR AREA 2 — Two hundred and thirty (230) acres of land,
generally located South of Bailey Road, East of Manvel Road, and West of Veterans Road, in
Pearland, Brazoria County, Texas.
INTRODUCTION
This Service Plan ("Plan") is made by the City of Pearland, Texas ("City") pursuant to Chapter
43 of the Local Government Code (the Act"). This Plan relates to the annexation by the City, by
petition of the owner, of land located adjacent to the city limits and encompassing approximately
233 acres in Brazoria County, Texas. The Tract is described by metes and bounds in "Exhibit
A-1", and by map in "Exhibit A-2" which are attached to this Plan and to the annexation
ordinance of which this Plan is a part.
II. TERM: EFFECTIVE DATE
This Plan will be in effect for a term of ten years commencing on the effective date of the
annexation of the Tract. Renewal of this Plan will be at the option of the City. Such option may
be exercised by the adoption of an ordinance by the City Council, which refers to this Plan and
specifically renews this Plan for a stated period of time.
III. SERVICE PROGRAMS
A. In General. This Plan includes two service programs: (I) the Early Action Program,
described below, and (II) a Capital Improvement Program according to the Texas Local
Government Code, Chapter 43, described below.
B. Scope and Quality of Services. This Plan will provide a level of services, infrastructure,
and infrastructure maintenance that is comparable to the level of services,
infrastructure, and infrastructure maintenance currently provided and available in other
parts of the municipality with topography, land use, and population density similar to the
Tract. However, it is not the intent of this Plan to require that a uniform level of services
be provided to all areas of the City (including the Tract) where differing characteristics of
topography, land utilization and population density are considered as sufficient basis for
providing differing service levels.
C. Definitions.
1. As used in this Plan, "providing services" includes having services provided by any
method or means by which the City extends municipal services to any other area of
the City. This may include causing or allowing private utilities, governmental
entities and other public service organizations to provide such services, in whole or
part.
2. As used in this Plan, the phrase "Standard Policies and Procedures" means those
policies and procedures of the City applicable to a particular service which are in
effect either at the time that the service is requested or at the time that the service is
made available or provided. The policies and procedures may require that a specific
Page 1 of 7
type of request be made, such as an application or a petition. They may require that
fees or charges be paid, and they may include eligibility requirements and similar
provisions.
D. Early Action Program
1. Statutory Services. The statutory services will be provided within the Tract within
the period that meets or exceeds that required by State law. The following services
will be provided in accordance with Standard Policies and Procedures immediately
upon the effective date of the annexation:
a. Police Protection: The Police Department of the City will provide protection
and law enforcement in the Tract. These activities will include normal patrols
and responses, the handling of complaints and incident reports, and, as
appropriate, support by special units of the Department.
b. Fire Protection: The Pearland Fire Department (PFD) of the City of Pearland
will continue to serve the area.
c. Emergency Medical Service: Currently, the tract is service by the Pearland
Emergency Medical Service (EMS) under an agreement with the county.
Pearland Emergency Medical Service (EMS) will continue to provide
emergency medical service to the Tract.
d. Solid Waste and Recycle Collection: Service will be provided to eligible
property by private contractor, under contract with the City. To be eligible for
City solid waste and recycled collection service, property must have frontage
on a public street or other approved location and place solid waste in
containers approved for the specific type of occupancy. Any person currently
being serviced by a privately owned solid waste or recycling management
service provider may continue to use that service for two years after the
effective date of the annexation. Those who receive services from city's solid
waste and recycling collection contractor will be billed for the service, in
accordance with the contract between the city and the solid waste contractor.
e. Operation and Maintenance of Water and Wastewater Facilities: Existing
public water and wastewater facilities, if any, will be operated and maintained
by the City or by private contractor under contract to the City.
f. Operation and Maintenance of Road and Streets (including lighting): Existing
public roads and streets (including county roads), and lighting and traffic
control devices, if any, will be operated and maintained by the City, subject to
the jurisdiction of other governmental entities. State highways and farm-to-
market roads remain the primary responsibility of the Texas Department of
Transportation, for instance. Existing roadside drainage ditches not
maintained under the jurisdiction of another entity (such as Texas
Department of Transportation) will be operated and maintained by the City.
g. Operation and Maintenance of Parks, Playgrounds and Swimming Pools:
Existing public parks, playgrounds, and swimming pools, if any, will be
operated and maintained by the City. Facilities owned and operated by
Page 2of7
homeowner's associations (HOAs) will continue to be owned and operated by
the respective HOAs.
h. Operation and Maintenance of Any Other Publicly Owned Facility, Building or
Service: Existing publicly owned or operated facilities, buildings, or services,
if any, will be operated and maintained by the City or by private contractor
under contract to the City.
2. Additional Services. Certain services, in addition to the statutory services, will be
provided in accordance with Standard Policies and Procedures within the Tract to the
same extent they are provided to similar territories elsewhere in the City. These are
as follows:
a. Library Service will be provided from existing facilities and future facilities
outside the Tract. Residents of the Tract will be eligible for borrowing
privileges at City/County libraries on the same basis as current residents.
b. Health services will be provided by the City Health Department to area
residents and businesses. Health services include City inspection of
restaurants and groceries and Animal Control.
c. Code Enforcement personnel will enforce the City's housing code and
ordinances against junk motor vehicles, high weeds, unsafe buildings, and
illegal dumping of refuse.
d. Other City Services, to the extent applicable to persons or properties within
the Tract, in accordance with standard policies and procedures will be
provided.
E. Capital Improvement Program
As necessary, the City will initiate the construction of certain capital improvements
necessary for providing municipal services for the Tract. Those improvements, which
are necessary, are indicated below. Access to the improvements will be in accordance
with Standard Policies and Procedures. The improvements shall be completed as soon
as reasonably possible and shall be substantially completed within the time period
indicated below.
1. Police Protection: Additional capital improvements are not necessary at this time
to provide police protection. The Tract will be included with other territory in
connection with planning for new, revised, or expanded public safety facilities.
2. Fire Protection: Additional capital improvements are not necessary at this time to
provide fire protection. The Tract will be included with other territory in
connection with planning for new, revised, or expanded public safety facilities.
3. Emergency Medical Service: Additional capital improvements are not necessary
at this time to provide emergency medical service. The Tract will be included
Page 3of7
with other territory in connection with planning for new, revised, or expanded
public safety facilities.
4. Solid Waste Collection: No capital improvements are necessary at this time to
provide solid waste collection services within the Tract. The Tract will be included
with other territory in connection with planning for new revised or expanded solid
waste facilities.
5. Water and Wastewater Facilities: Additional capital improvements are not
necessary at this time to service the tract. The cost of future connections to
available water and sewer lines will be the responsibility of the Tract owners, as it
is within the existing City utility system following standard policies and
procedures. Impact fees also will be assessed at the time of future connections
to the City's utility system or upon issuance of building permits for lots developed
within the Tract.
The City will make wastewater treatment capacity in existing or future wastewater
treatment plants built and operated by the City available for the Tract.
Construction of facilities to collect and transmit wastewater to treatment plants will
occur as development occurs in and around the tract. Facilities will be
constructed by either the city or private developer.
The city will make potable water capacity available from existing or future sources
built and operated by the City available to the Tract. The City currently operates
its own ground water wells and purchases wholesale surface water via contract
from third parties. Construction of facilities to collect and transmit water to the
tract will occur as development occurs in and around the tract. Facilities will be
constructed by either the city or private developer.
6. Roads and Streets (including lighting): Additional roads, streets, or related
facilities are not necessary at this time to serve the tract. Future extensions or
widening of roads or streets and future installation of related facilities, such as
traffic control devices or street lights will be undertaken in accordance with
Standard Policies and Procedures. The Tract will be included with other territory
in connection with planning for new, revised, widened, or enlarged roads, streets,
or related facilities.
7. Parks, Playgrounds, and Swimming Pools: Additional capital improvements are
not necessary at this time to provide such services to the Tract. The Tract will be
included with other territory in connection with planning for such facilities.
8. Other Publicly-Owned Facilities, Building or Services: All other City functions and
services, and the additional services described above, can be provided for the
Tract by using existing capital improvements. Additional capital improvements
are not necessary to provide City services, but the Tract will be included with
other territory in connection with planning for new, revised, or expanded facilities,
buildings, or services.
Page 4 of 7
II. AMENDMENT: GOVERNING LAW
This Plan may not be amended or repealed except as provided by the Act or other controlling
law. Neither changes in the methods nor means of implementing any part of the service
programs nor changes in the responsibilities of the various departments of the City will
constitute amendments to this Plan and the City reserves the right to make such changes. This
Plan is subject to and will be interpreted when in accordance with the Act, the Constitution and
laws of the federal governments of the United States of America and the State of Texas, and the
orders, rules and regulations of governmental bodies and officers having jurisdiction.
III. FORCE MAJEURE
Should a force majeure interrupt the service described herein, the City will resume services
under this Plan within a reasonable time after the cessation of the force majeure. "Force
Majeure," for the purpose of this Plan will include, but not be limited to, acts of God, acts of the
public enemy, ware blockades, insurrection, riots, epidemics, landslides, lightning, earthquakes,
fire, storms, floods, washouts, droughts, tornadoes, hurricanes, arrests and restraints of
government, explosions, collisions and other inability of the City, whether similar to those
enumerated or otherwise, which is not within the control of the City.
IV. ENTIRE PLAN
This document contains the entire and integrated Service Plan relating to the Tract, and
supersedes all other negotiations, representations, plans and agreements, whether written or
oral.
Page 5of7
EXHIBIT A-1
AREA 2
METES AND BOUNDS DESCRIPTION
230 ACRES MORE OR LESS OUT OF
LOTS 1,2, 11,21, 31,41 AND 51
SECTION 24, GEORGE C. SMITH SURVEY
ABSTRACT 549 AND
LOTS 1, 11, 21, 31,41 AND 51, SECTION 25
H.T. &B. R.R. COMPANY SURVEY,ABSTRACT 245
AND LOTS 1, 11 AND 21, SECTION 26
GEORGE C. SMITH SURVEY,ABSTRACT 550
BRAZORIA COUNTY, TEXAS
The above described 230 acres of land,more or less being generally located in Lots 1,2, 11, 21, 31,
41 and 51, Allison Richey Gulf Coast Home Company Subdivision, Section 24, according to the
plat thereof as recorded in Volume 2, Page 89 Brazoria County Plat Records, George C. Smith
Survey,Abstract 549 and Lots 1, 11, 21, 31,41 and 51,Allison Richey Gulf Coast Home Company
Subdivision, Section 25, according to the plat thereof as filed in Volume 2, Page 10 Brazoria
County Plat Records, H.T. & B. R.R. Company Survey, Abstract 245 and Lots 1, 11 and 21,
Allison Richey Gulf Coast Home Company Subdivision, Section 26, according to the plat thereof
as filed in Volume 2, Page 129 Brazoria County Plat Records, George C. Smith Survey, Abstract
550, Brazoria County, Texas; the north line being the south line of City of Pearland Ordinance No.
826 which is parallel with and 30' south of the north line of Abstracts 549, 245 and 550; the west
line being parallel with and 100' east of the west line of said Abstract 549 and being common with
City of Pearland Ordinance No. 31 and the east line being common with City of Pearland
Ordinance No. 826 (called to be the west right-of-way line of Veterans Drive(Pearland Sites Road)
based on 60' width);
All that certain 230 acres of land, to be annexed into the City of Pearland and being all or portion
of Lots 1, 2, 11, 21, 31, 41 and 51, Section 24, George C. Smith Survey, Abstract 549, and being
all of or part of Lots 1, 11, 21, 31, 41 and 51, Section 25, H.T. & B. R.R. Company Survey,
Abstract 245 and all of or part of Lots 1, 11 and 21, Section 26, George C. Smith Survey, Abstract
550, Brazoria County, Texas and being more particularly described by metes and bounds as
follows;
Commencing at a point marking the common northwest corner of said Section 24, Abstract 549
and the northeast corner of Section 23,Abstract 290; Thence Easterly- 100',more or less, with the
north line of said Abstract 549 to a point for corner; Thence Southerly- 30', more or less, with
City of Pearland Ordinance No. 31 and a line 100' east of the west line of said Abstract 549 to the
POINT OF BEGINNING of herein described tract;
1. Thence Easterly- 13,070', more or less, with the south line of City of Pearland Ordinance No.
826 which is parallel with and 30' south of the north line of Abstracts 549, 245 and 550 to a
point for corner;
Page 6of7
2. Thence Southerly — 796', more or less, with the common line of City of Pearland Ordinance
No. 826 to a point for corner;
3. Thence Westerly— 2,629', more or less, with the south line of the following tracts as filed in
Clerk's File Numbers 2014-054242, 95-010836, 2002-031974 and 2006-061444 as filed in the
Official Records of Real Property of Brazoria County to a point for corner marking the
southwest corner of that certain tract as described in a deed dated 12-10-2014 from Elbert
Eugene Thomas,Jr. to William E. Thomas and Sandra Sheffield as filed in the Official Records
of Real Property of Brazoria County at Clerk's File Number 2014-054242 said point also being
located on the west line of said Section 26, George C. Smith Survey,Abstract 550;
4. Thence Northerly — 414', more or less, with the west line of said Abstract 550 to a point for
corner marking the southeast corner of that certain tract as described in a deed dated 11-
06-2014 from Hai Xuan Tran to Oak Valley Mobile Home Park, LLC. as filed in the Official
Records of Real Property of Brazoria County at Clerk's File Number 2014-048224;
5. Thence Westerly — 420', more or less, with the south line of said Oak Valley Mobile Home
Park, LLC. tract to a point for corner marking the southwest corner of said Oak Valley Mobile
Home Park, LLC. tract;
6. Thence Southerly—414', more or less, with the east line of that certain tract as described in a
deed dated 03-31-1989 from Kathleen O'Connell Scott to John Frazier, et al. as filed in Volume
(89) 663, Page 307 Brazoria County Official Records to a point for corner marking the
southeast corner of said Frazier tract;
7. Thence Westerly— 2,207', more or less, with the south line of said Frazier tract and the south
line of said Lots 31, 41 and 51, Section 25, Abstract 245 to a point marking the southwest
corner of that certain tract as described in a deed dated 06-09-2004 from Pete Raymond Garcia
to Carlos Alfaro as filed in the Official Records of Real Property of Brazoria County at Clerk's
File Number 2004-034290 to a point for corner marking the southeast corner of said Alfaro
tract;
8. Thence Northerly— 171', more or less, with the west line of said Alfaro tract to a point marking
the southeast corner of that certain tract as described in a deed dated 12-14-2004 from Bennice
A. Meyer to Milton F. Meyer as filed in the Official Records of Real Property of Brazoria
County at Clerk's File Number 2004-074655;
9. Thence Westerly — 880', more or less, with the south line of said Milton F. Meyer tract to a
point on the west line of said Lot 21, Section 25,Abstract 245;
10.Thence Southerly — 70', more or less, with the west line of said Lot 21, Section 25, Abstract
245 to a point for corner;
11. Thence Westerly—436', more or less, with the south line of that certain tract as described in a
deed dated 02-25-2015 from Estello Soliz to Reynaldo D. Soliz,Jr. et ux. as filed in the Official
Records of Real Property of Brazoria County at Clerk's File Number 2015-008265 to a
point for corner marking the southwest corner of said Reynaldo D. Soliz,Jr. et ux. tract;
Page 7of7
12.The Southerly— 101', more or less, with the east line of that certain tract as described in a deed
dated 03-23-2007 from Jackie Ann Hill to Raymond Allen Hill as filed in the Official Records
of Real Property of Brazoria County at Clerk's File Number 2007-025890 to a point for corner
marking the southeast corner of said Hill tract;
13. Thence Westerly— 1,333', more or less, with the south line of said Lots 11 and 1, Section 25,
Abstract 245 to a point for corner;
14. Thence Southerly— 5', more or less, with the east line of said Lot 51, Section 24, Abstract 549
to a point for corner marking the southeast corner of said Lot 51;
15.Thence Westerly— 1,745', more or less, with the south line of said Lot 51 and said Lot 41 to a
point for corner marking the southwest corner of said Lot 41;
16. Thence Northerly— 134', more or less, with the east line of that certain tract as described in a
deed dated 04-01-1986 from Elo Mitchel, Jr. et al. to James R. Brashier, et ux. as filed in the
Volume(86)263,Page 188 Brazoria County Official Records to a point for corner;
17. Thence Westerly— 655', more or less, with the north line of said Brashier tract to a point for
corner marking the northwest corner of said Brashier tract;
18. Thence Southerly— 134', more or less, with the west line of said Brashier tract, to a point for
corner;
19. Thence Westerly— 1,104',more or less, with the south line of said Lot 21, Section 24, Abstract
549 to a point marking the southwest corner of said Lot 21;
20. Thence Westerly— 880', more or less, with the south line of said Lot 11, Section 24, Abstract
549 to a point for corner marking the southwest corner of said Lot 11;
21. Thence Southerly—495', more or less,with the east line of said Lot 2, Section 24, Abstract 549
to a point for corner marking the southeast corner of said Lot 2;
22.Thence Westerly— 780', more or less, with the south line of said Lot 2 to the east line of City
of Pearland Ordinance No. 31 and said point being 100' east of the southwest corner of said Lot
2;
23.Thence Northerly — 1,295', more or less, with City of Pearland Ordinance No. 31 and a line
100' east of the west line of said Abstract 549 to the POINT OF BEGINNING and containing a
gross area of 238 acres of land more or less. Save and Except 8 acres, more or less, being the
west one-half Lot 11, Allison Richey Gulf Coast Home Company, Section 25 according to the
plat thereof filed in Volume 2, Page 10 Brazoria County Plat Records and being that certain
tract described in a deed dated 03-23-2007 from Jackie Ann Hill to Raymond Allen Hill as filed
in the Official Records of Real Property of Brazoria County, Texas at Clerk's File Number
2007-25890,leaving a net acreage of 230 acres more or less.
"This document was prepared under 22 TAC 663.21, does not reflect the results of an on the
ground survey, and is not be used to convey or establish interest in real property except those right
and interests implied or established by the creation or reconfiguration of the boundary of the
Page 8of7
political subdivision for which it was prepared."
This metes and bounds description is accompanied by a separate plat,drawing or exhibit per
Texas Board of Professional Land Surveyor's"General Rules of Procedures and Practices"
Section 663.19(9).
Compiled by: C.L. Davis&Company
Firm No.: 10082000
Job Number: 11-421-141-2015 Annexation Area 2 M&B(R3)- 11-04-2015
06-22-2010
REVISED: 06-28-2010
REVISED: 08-27-2015
REVISED: 11-04-2015
Page9of7
EXHIBIT A-2
Man
I
ExNerr I) g.1 e1 1,
H
1 1 JAR/y�_ 't i p l
9$
• 1
�=� .a, 1 Iii T
P '• II ..�"3 1 ... rk C °o a . '"ENi _ it ...•B II "I . o>1 i r °Fb
m � o ° o
c
_ v i p' _ o• o-
d _ o
c• o �
a*-_,,,_ � -
;s
Y anr;>
.... Tic AR FA 2
r.' a _s -sue =S•°{. .1..: ° �s.y° - _ PLOT PATE
zr - 0 _ . _ ..... s . < ,
11-03-2015
-,
v . 4
�._ I o� 1�. __.l a - E N I I T .s
_ c
Page 10 of