R-2016-148 2016-08-22 RESOLUTION NO. R2016-148
A Resolution of the City Council of the City of Pearland, Texas, authorizing the
City Manager or his designee to enter into an Amended Extra Territorial
Jurisdiction Agreement with the City Arcola and a supporting Development
Agreement with Charleston C. M. I., LTD.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Amended Extra Territorial Jurisdiction Agreement, 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 certain Development Agreement, a copy of which isattached hereto as Exhibit
"B" and made a part hereof for all purposed, is hereby authorized and approved.
Section 3. That the City Manager or his designee is hereby authorized to
execute and the City Secretary to attest an Amended ETJ Agreement and associated
Development Agreement PASSED, APPROVED and ADOPTED this the 22nd day of
August, 2016.
TOM REID
MAYOR
ATTEST:
JUNG LTG,
TY S E• TARP
APPROVED AS TO FORM:
CCC-------
DARRIN M. COKER
CITY ATTORNEY
Resolution No. R2016-148
26 k City of Pearland.ETJ Agreement.1'Amendment.DRAFT rev 7-12-2016 Exhibit "A"
FIRST AMENDMENT TO ETJ AGREEMENT
THIS FIRST AMENDMENT ("First Amendment") to that certain "ETJ Agreement" between the
CITY OF PEARLAND, TEXAS ("Pearland") and the CITY OF ARCOLA, TEXAS ("Arcola") executed on
12-7-99 and 12-14-99, respectively, is made between the same cities effective as of August 8, 2016.
Background: An owner of land in eastern Fort Bend County has petitioned for consent to create
a municipal utility district to be known as "Charleston Municipal Utility District" ("CMUD"). The land lies
north of State Highway 6, and it straddles the existing common extraterritorial jurisdiction ("ETJ") line of
the two cities. To avoid splitting CMUD between their two ETJ's and provide for orderly development,
the cities desire to relocate a segment of their common ETJ line and make related provisions.
Agreements: (1) Relocation of ETJ Line Segment. The segment of the common ETJ line which
lies between the north ROW line of County Road 58 and the north ROW line of State Highway 6 is
hereby relocated to follow the darker line shown in Exhibit X, attached, also described by metes and
bounds in Exhibit Y, attached. The findings, determinations and agreements made in the ETJ
Agreement are confirmed and re-made with respect to the relocated ETJ line, and the "cross-hatched
area" referred to in the ETJ Agreement is changed accordingly.
(2) Other. This First Amendment and the ETJ Agreement shall be read together and construed
as one integrated agreement. In case of conflict or inconsistency between provisions, the later controls.
All provisions are severable, so the invalidity of any provision shall not affect any other.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment in multiple
copies, each of which shall be deemed to be an original.
Pearland: Arcola:
CITY OF P AN, EXAS CITY OF ARCOLA, TEXAS
By: By: 'li �fiwLri �
y M agar yor
`0‘1"111//.
ATTEST/SEAL: / ```‘Q�`R�N�,,% ATTE /SEAL:
e - =�'• j\ City Sectary•
/Secr
STATE OF TEXAS s''i'li��I I I;"`````z
COUNTY OF FORT BEND fT Yllf�i� (1y1 as Ma
This instrument was acknowledged before me on'Tut y a.7f ,Z-Qg�, , by fActi/U of Mayor of
the City of Arcola, Texas, on behalf of said City. lI �� _J
My commission expires:�U�L� ' D-Cl .; �� r' Q�C1G"— Notary Public, State of Texas
THE STATE OF TEXAS
COUNTY OF BRAZORIA
This instrument was acknowledged before me on k •2•412.4*•2•412.4*4, by 1 A Pgail.b ,�J as City
Manager of the City of Pearland, Texas, on behalf of s City. •
My commission expires: O •a.4 •17 • Ill•• Notary Public, State of Texas
i." MARiA E.RODRIG�UEZ
/Jt! y i `;�- --;.\ NOTARY PUBLIC.STATE OF TEXAS
SALLY S CANTO '; ; ..� MY COMMISSION EXPIRES
� My Commission Expires 4 �• Expires:February 26i p17
I July 3, 2017 Nero. Notary ID a 1069221.7
FIRST AMENDMENT to ETJ Agreement, Page 1 of 4
Exhibit X
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Mom: /1 FOR 500 05 O IKaawrPR AARED 110 tat[ sI' rK JURISDICTION LINE FOR 'THE CITY OF ARCOLA
METES AMD 00.,1•03 005C0 T05I PREPARED SEr,ro1TtI.. AND THE CITY OF PEARLAND BETWEEN STATE
2. SEMONG ORVrtAII04 a eASCO OM 10.3 SW( ,...wc HIGHWAY 6 AND COUNTY ROAD 58 IN THE
C0o00MA1t Sr31EM OF 1ga3. SOON MORAL ZONE. As MANUEL ESCALERA SURVEY, A-170 AND THE
OCTERNNE0
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FIRST AMENDMENT to ETJ Agreement,Page 2 of 4
Exhibit Y
Metes and Bounds Description of Relocated ETJ Line Segment
METES AND BOUNDS DESCRIPTION OF AN
EXTRATERRITORIAL JURISDICTION LINE
BETWEEN THE CITY OF ARCOLA AND THE CITY OF PEARLAND
IN THE MANUEL ESCALERA SURVEY, ABSTRACT NO. 170
AND THE A.B. LANGERMAN SURVEY, ABSTRACT NO. 456
FORT BEND COUNTY,TEXAS
DESCRIPTION OF AN EXTRATERRITORIAL JURISDICTION LINE BEWTEEN THYE CITY OF ARCOLA
AND THE CITY OF PEARLAND SITUATED IN THE MANUEL ESCALERA SURVEY, ABSTRACT NO. 170
AND THE A.B. LANGERMAN SURVEY, ABSTRACT NO. 456, FORT BEND COUNTY, TEXAS, SAID
EXTRATERRITORIAL JURSIDICTION LINE BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS, (BEARINGS BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM OF
1983,CENTRAL ZONE, AS DETERMINED BY GPS MEASUREMENTS):
COMMENCING at the intersection of the north right-of-way line of State Highway 6 (called 200-
foot right-of-way) and the common line between Fort Bend County and Brazoria County, same
being the westerly line of the current Pearland City Limits, from which a monument marking the
county boundary line bears southwest, a distance of 0.7 feet;
THENCE, North 60°56'45" West, along the north right-of-way line of State Highway 6 for a
distance of 952.58 feet to a 5/8-inch iron rod found in the common line between the said
Manuel Escalera Survey and the said A.B. Langerman Survey, same being the current extra
territorial jurisdiction line between the City of Arcola and the City of Pearland being the POINT
OF BEGINNING of the herein described tract;
(1) THENCE, North 60°56'45" West, along the north right-of-way line of State Highway 6 for a
distance of 628.97 feet to a point for corner;
(2) THENCE, North 11°49'20" East, for a distance of 306.01 feet to a point for corner being in the
south line of Rosedale Addition recorded in Volume 393, Page 84 of the Fort Bend County Map
Records;
(3) THENCE, North 86°44'46" East, along the south line of the Rosedale Addition for a distance of
621.32 feet to a point for corner in the common line between the said Manuel Escalera Survey
and the said A.B. Langerman Survey, from which a 3/4-inch iron rod bears South 86°44'46"
West, a distance of 1.53 feet;
(4) THENCE, South 11°45'06" West, along the common City said Manuel Escalera Survey and the
said A.B. Langerman Survey for a distance of 203.87 feet a 5/8-inch iron rod with cap stamped
"Brown & Gay" found for corner;
(5) THENCE, South 60°57'15" East, for a distance of 952.37 feet to a point for corner in the
aforementioned common line between Fort Bend County and Brazoria County, same being the
westerly line of the current Pearland City Limits;
FIRST AMENDMENT to ETJ Agreement, Page 3 of 4
Exhibit Y, cont.
(6) THENCE, North 11°43'54" East, along the common line between Fort Bend County and Brazoria
County, same being the westerly line of the current Pearland City Limits, passing at a distance of
3,383.9 feet a monument found marking the county boundary line, and continuing for a total
distance of 3,438.68 feet to a point for corner in the north right-of-way line of County Road 58
(no width called);
(7) THENCE, South 8T04'21" West, along the north right-of-way line of County Road 58, a distance
of 938.75 feet to the terminus point for this line being in the aforementioned current extra
territorial jurisdiction line between the City of Arcola and the City of Pearland, from which a 1/2-
inch iron pipe bears North 87°05'32" East, 0.8 feet. This description accompanies an Exhibit
Map, prepared by Edminster, Hinshaw, Russ and Associates, Inc. d/b/a/ EHRA, dated May 3,
2016.
This document was prepared under 22 TAC 663.21, does not reflect the results of an on the
ground survey, and is not to be used to convey or establish interests in real property except those
rights and interests implied or established by the creation or reconfiguration of the boundary of the
political subdivision for which it was prepared.
EDMINSTER, HINSHAW, RUSS AND ASSOCIATES, INC. dba EHRA, Inc. TBPLS No. 10092300
; .*E FO!
Charles Kennedy, r., R.P.L.S. ,�:�.
Texas Registration No. 5708 •
10555 Westoffice Drive CHARLES KENNEDY,JR.
Houston, Texas 77042 A 5708 e
713-784-4500 e
Date: June 8, 2016 '
Job No: 131-064-00
File No: \\Client\RS\2013\131-064-00\documents\technical\ETJ Line.doc
FIRST AMENDMENT to ETJ Agreement, Page 4 of 4
Resolution No. R2016-148
Exhibit "A '
DEVELOPMENT AGREEMENT TO SUPPORT ETJ AGREEMENT
THIS DEVELOPMENT AGREEMENT ("Agreement") is made by and between the CITY OF
PEARLAND, TEXAS ("Pearland") and CHARLESTON C.M.I., LTD., a Texas limited partnership
("Landowner"), to take effect simultaneously with that certain "First Amendment to ETJ Agreement" ("ETJ
Agreement") between Pearland and the City of Arcola, Texas approved by Arcola's City Council on July
12, 2016.
Background: Landowner has petitioned for consent to create a municipal utility district to be
known as "Charleston Municipal Utility District" ("CMUD"). The affected land lies in Fort Bend County,
north of State Highway 6. The land straddles the existing common extraterritorial jurisdiction ("ETJ") line
of Pearland and Arcola. To avoid splitting CMUD between two ETJ's and provide for orderly
development, the two cities are entering into the ETJ Agreement. Landowner also owns a tract of land
within Pearland's ETJ, in western Brazoria County, as described by metes and bounds in Exhibit A,
attached ("Detention Tract"). Landowner desires to use the Detention Tract to provide stormwater
detention for CMUD.
Agreements: (1) Land Use & Development Regulations. As expressly authorized by Section
212.172, Texas Local Government Code, Pearland and Landowner agree to, and authorize enforcement
of, the following land use and development regulations: (a) The Detention Tract may only be used for
stormwater detention and landscaping, unless other uses are approved by Pearland; (b) All detention
facilities on the Detention Tract must include the installation of tree buffers and an irrigation system
("Mitigative Improvements") meeting the specifications listed in Exhibit B, attached; and (c) Landowner
shall install the Mitigative Improvements prior to approval of a Final Plat of any property located in the
CMUD. Such land use and development regulations shall apply cumulatively, in addition to other
regulations that may apply within Pearland's boundaries or ETJ.
(2) Other. After this Agreement takes effect, it shall remain in effect through June 30, 2061.
This Agreement shall be recorded in the real property records of Brazoria County and shall be binding on
successors and assigns of the parties as provided in Section 212.172, Texas Local Government Code.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple copies,
each of which shall be deemed to be an original.
Pearland: Landowner:
CITY OF PEA' • ■ I TE,.j S CHARLESTON C.M.I., LTD., a Texas limited p'ship
By: CAMCORP MANAGEMENT, INC., a Texas
corporation, its General Partner
By:
City Ma ..er
By:
•TTEST/SEAL: / Jennie Trapoli o, its Vice President
�t. _ o• ••... ...
. /I��� • :�.
C Secre /
THE STATE OF TEXAS
COUNTY OF BRAZORIA
This instrument was acknowledged before me on 'k 24 201 , by l/ ay ft.43 R' O(U
as City Manager of the City of Pearland, Texas, on beha of said City. f
y .��� .RODRIGUEZ
My commission expires: 02.2.4.(I .�r f i r�\"'��1►.T.t: . :.Ic STATE Of T ,, Public, State of Texas
THE STATE OF TEXAS rYCOMMISSIONEAPAt S
COUNTY OF HARRIS Ex E:17D# 0698+l
r+otan io k+ossn+-�
This instrument was acknowledged before me on + _ __ _ —z•�_ , :' ennie Trapolino as Vice President of
CAMCORP MANAGEMENT, INC., a Texas corporal•n, as General Partner of CHARLESTON C.M.I., LTD., a Texas limited
partnership, on behalf of said corporation and partnership..
My commission expires: 7- Z3 17 _5- Notary Public, State of Texas
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DEVELOPMENT AGREEMENT, Page 1 of 3 VSS3Nd� ��,,,,,,,��
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ICALLED 5.021 Ac
WARRANTY DEED
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BCCF No. 01 017892
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SAVANNAH LANDING
P•SS SECTION THREE
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WARRANTY DEED
FBCCF No. 2010055798 1 N
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LINE BEARING DISTANCE
W SAVANNAH TRACE L1 S 60'57'15" E 104.75'
VOL 23 PG. 55-56 L2 N 87'06'04" E 250.50'
I • B.C.P.R.
r .{ L3 N 60'57'15" W 243.89'
4�A,1Y.1,
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Ii! LEGEND
B.C.P.R.- Brozorio County Plot Records
B.C.P.R.No.- Brozorio County Clerks File Number
ETJ - Extroterritoriol Jurisdiction
it F.B.C.C.F. No.- Fort Bend County Clerks File Number
P.0.8. - Point of Beginning
P.O.C. - Point of Commencement
1 F^d I-1/4"fP
I NOTES:
I. FOR ADDITIONAL INFORMATION ABOUT THIS TRACT. SEE THE METES AND
1 BOUNDS DESCRIPTION PREPARED SEPARATELY.
rd
I p Z. BEARING ORIENTATION IS BASED 014 TEXAS STATE PLANE COORDINATE
SAVANNAH RIDGE SYSTEM OF 1983, SOUTH CENTRAL ZONE, AS DETERMINED BY GPS
SECTION THREE MEASUREMENTS.
$ 3 VOL. 23 PG. 217-218 3. THIS EXHIBIT WAS PREPARED WITHOUT THE BENEFIT OF A CURRENT TITLE
B.C.P.R. REPORT, THEREFOR, ALL EASEMENTS OR OTHER MATTERS OF RECORD MIGHT
fr, NOT BE SHOWN HEREON.
1 N THIS DOCUMENT WAS PREPARED UNDER 22 TAC 663.21, DOES NOT REFLECT
I ^ 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
r 00 RECONFIGURATION OF THE BOUNDARY OF THE POLITICAL SUBDNISION FOR
/ jj WHICH IT WAS PREPARED.
I �BCVFF LANE I
r Ro.w,l ike 6 &%' -4d�
ROBERT L. BOELSCHE
REGISTERED PROFESSIONAL LAND SURVEYOR
w POB TEXAS REGISTRATION NO. 4446
rca W r
o R, rw)N ^0 see• o` .R 90`; 10555 Westoffice Drive
1 Wet-lz ^ / r t t E H RA Houston,Texas 77042
°� ROBERT L.BOELSCHE 713.784.4500= .••: i EHRAinc.com
'� 1 N, 4446 P• ` / 7BPE No.F.726
VOL. 23 PG. 53-54 1`4''OFES510?0 i , fie/ IBMSNo.10092300
,, B.C.P.R. '_A/O'$U d'��'' EXHIBIT MAP OF
R� :a�a, 17.45 ACRES
a"c,,,,, , A. B. LANGERMAN SURVEY, A-625
4d»,6 . BRAZORIA COUNTY, TEXAS
DATE: SCALE: 1 300' OB�"
August 4, 2016 I 131-064-00
DWG. NAME: 13106400V-EH-PC08.dwg
METES AND BOUNDS DESCRIPTION
BEING 17.45 ACRES
IN THE A.B.LANGERMAN SURVEY,ABSTRACT NO.625
BRAZORIA COUNTY,TEXAS
DESCRIPTION OF A 17.45 ACRE TRACT OF LAND SITUATED IN THE A.B. LANGERMAN SURVEY,
ABSTRACT NO. 625, BRAZORIA COUNTY,TEXAS, BEING PART OF A CALLED 89.243 ACRE TRACT
OF LAND DESCRIBED IN DEED TO CHARLESTON C.M.I., LTD., RECORDED UNDER FORT BEND
COUNTY CLERK'S FILE NUMBER(F.B.C.C.F.No.)2010055798 OFFICIAL PUBLIC RECORDS OF REAL
PROPERTY (O.P.R.O.R.P.); SAID 17.45 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS, (BEARINGS BASED ON THE TEXAS STATE PLANE
COORDINATE SYSTEM OF 1983,CENTRAL ZONE,AS DETERMINED BY GPS MEASUREMENTS):
COMMENCING at the intersection of the north right-of-way line of State Highway 6(called 200-
foot right-of-way) and the east boundary line of Fort Bend County, same being the west
boundary line of Brazoria County, being the southeast corner of a called 1.0332 acre tract
described in deed to Charleston C.M.I., LTD recorded under F.B.C.C.F. No. 2010055798
O.P.R.O.R.P.,from which a concrete monument was found southwest,a distance of 0.7 feet;
THENCE, North 11°43'54" East,along the Fort Bend/Brazoria County Line a distance of 450.26
feet to a point for corner;
THENCE,South 60°57'15"East,a distance of 104.75 feet to a point for corner in the east line of
the Pearland City Limits marking the southwesterly corner and POINT OF BEGINNING of the
herein described tract of land;
(1) THENCE,North 11°43'54"East,along the said east line of the Pearland City Limits for a distance
of 3,144.32 feet to a point for the northwesterly corner of the herein described tract of land;
(2) THENCE,North 87°06'04"East,a distance of 250.50 feet to a point for corner in the west line of
a called 5.021 acre tract recorded in Brazoria County Clerks File Number (B.C.C.F. No.) 01
017892 O.P.R.O.R.P.,from which a 1/2-inch iron pipe bears North 87°06'04"East,4.06 feet;
(3) THENCE, South 11°56'37" West, along the west lines of the said called 5.021 acre tract,
Savannah Landing Section Three recorded under B.C.C.F. No. 2005042968 O.P.R.O.R.P.,
Savannah Trace Section Two recorded in Volume 23,Page 55-56 Brazoria County Public Records
(B.C.P.R.), and Savannah Ridge Section Three recorded in Volume 23,Page 217-218 B.C.P.R.,for
a distance of 2,273.25 feet to a 1-1/4-inch iron pipe found for an angle point;
(4) THENCE, South 11°47'46" West, along the west lines of Savannah Ridge Section Three and
Savannah Ridge Section Two recorded in Volume 23, Page 53-54 B.C.P.R. for a distance of
1,006.95 feet to a 5/8-inch iron rod found for the southeasterly corner of the herein described
tract of land;
(5) THENCE, North 60°57'15" West, a distance of 243.89 feet to the POINT OF BEGINNING and
containing 17.45 acres of land. This description accompanies an Exhibit Map, prepared by
Edminster,Hinshaw,Russ and Associates,Inc.d/b/a/EHRA,dated August 04,2016.
This document was prepared under 22 TAC 663.21, does not reflect the results of an on the
ground survey, and is not to be used to convey or establish interests in real property except those
rights and interests implied or established by the creation or reconfiguration of the boundary of the
political subdivision for which it was prepared.
EDMINSTER,HINSHAW,RUSS AND ASSOCIAT dba EHRA,Inc.TBPLS No.10092300
E0-0 §z7teS GGvt- ,;rPo
Robert L. Boelsche, R.P.L.S. )41,14.-
Texas Registration No. 4446 ROBERT L.BOELSCHE •
10555 Westoffice Drive r
P
Houston,Texas 77042 ' 4446 �e�°r
•
713-784-4500 qq Fe s s t$t'O r•
Date: August 4,2016 •O$UpV -
Job No: 131-064-00
File No: \\Client\RS\2013\131-064-00\documents\technical\1.106400V-MB-PC08-17.45ac.doc
Page 1 of 1
Exhibit B
Specifications For Mitigative Improvements
Basic arrangement: Trees must be arranged throughout the buffer to provide additional screening to adjacent
single-family lots. Possible arrangements include parallel, serpentine, or broken rows.
Tree spacing: No more than 30 feet between trees in each row.
Tree species: Must be on the species list for Replacement Trees in Section 4.2.3.9 of the City of
Pearland Unified Development Code ("Code").
Size of trees: Minimum 2-inch caliper(each tree). Existing trees many be incorporated provided they
qualify as Replacement Trees in the Code.
Required Irrigation: Permanent system must be installed at time of planting. May be drip irrigation.
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DEVELOPMENT AGREEMENT, Page 3 of 3