Loading...
Ord. 1007 04-23-01ORDINANCE NO. 1007 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 18 OF 41.1493 ACRES OF LAND. WHEREAS, Brazoria County Municipal Utility District No. 18 (the "District") is located within the corporate limits of the City of Pearland, Texas ("City"); and WHEREAS, the City consented to the creation of the District by Ordinance No. 884 dated November 9, 1998; and WHEREAS, Section 54.016, V.T.C.A., Water Code, as amended, provides that no land within the corporate limits of a city or within the extraterritorial jurisdiction of a city, shall be included within a municipal utility district unless such city grants its written consent, by resolution or ordinance, to the inclusion of the land within the district; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. All of the matters and facts set forth in the preamble hereof are true and correct. Section 2. The "Petition for Consent to Include Additional Land in the City of Pearland and in Brazoria County Municipal Utility District No. 18" (the "Petition") is attached hereto as Exhibit "A" and made a part hereof for all purposes. Section 3. The City Council of the City of Pearland, Texas, hereby specifically gives its written consent to the annexation of the 41.1493 acres described in the Petition and the exhibits attached hereto, into the District conditioned upon the terms set forth in Ordinance No. 884 and Chapter 30, Article IV, Water and Sewer Districts, of the City of Pearland Code of Ordinances. ORDINANCE NO. 1007 Section 4. This Ordinance shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Pearland and it is accordingly so resolved. PASSED and APPROVED ON FIRST READING this the 9 day of Apri 1 , A. D., 2001. TOM REID MAYOR ATTEST: PASSED and APPROVED ON SECOND AND FINAL READING this the 23 day of April ATTEST: , A. D., 2001. 2 TOM REID MAYOR ORDINANCE NO. 1007 APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 3 PETITION FOR CONSENT TO INCLUDE ADDITIONAL LAND IN BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 18 THE STATE OF TEXAS § § COUNTY OF BRAZORIA § TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF PEARLAND: VILLA VERDE SECTIONS II AND III LP, a Texas limited partnership, being the holder of title to a majority in value of the land hereinafter described, as such values are indicated by the tax rolls of Harris County, Texas (collectively, "Landowner") and Brazoria County Municipal Utility District No. 18 ("District") (Landowner and District hereinafter called "Petitioner"), acting pursuant to the provisions of Section 54.016, Texas Water Code, respectfully petition for consent to include additional land in a municipal utility district. In support of this petition, Petitioner shows as follows: I. The District, to which the land hereinafter described is sought to be annexed, exists under the terms and provisions of Article XVI, Section 59 of the Constitution of Texas and Chapters 49 and 54, Texas Water Code, as amended and was created by order of the Texas Natural Resource Conservation Commission) dated May 21, 1999. Landowner is the sole owner and holder of fee simple title to the land sought to be annexed to the District, as indicated by the tax rolls of Harris County, Texas. Landowner represents and warrants that there are no holders of liens against said land. The land approximately wholly within Vernon's Texas 42.001 et sea., limits of the jurisdiction of annexed may II. sought to be added to the District contains 31.1548 acres of land, more or less, and lies Harris County, Texas. Under the provisions of Civil Statues, Local Government Code, Section as amended, said area is within the corporate City of Pearland and is not within such any other city. All of the territory to be properly be annexed to the District. The land sought to be added to the area of the District is described by metes and bounds in Exhibit "A" attached hereto and incorporated herein for all purposes. IV. The general nature of the work proposed to be done in the area sought to be annexed shall be the purchase, construction, acquisition, repair, extension and improvement of land, easements, works, improvements, facilities, plants, equipment and appliances necessary to: (1) provide a water supply for municipal, domestic and commercial purposes; (2) collect, transport, process, dispose of and control all domestic, industrial or communal wastes whether in fluid, solid or composite state; and (3) gather, conduct, divert and control local storm water or other harmful excesses of water in the area. V. There is a necessity for the improvements above described for the following reasons. The area of the District is urban in nature, is within the growing environs of the City of Pearland, and is in close proximity to populous and developed sections of Brazoria County. The land sought to be added to the District is not supplied with adequate water, sanitary sewer and drainage facilities and services, nor is it presently economically feasible for such facilities to be provided to said land. The health and welfare of the present and future inhabitants of the District, the land sought to be added to the District and of territories adjacent thereto require the installation and acquisition of an adequate water supply and sewage disposal system and an adequate drainage system for and within the land sought to be added to the District. A public necessity exists for the addition of the aforesaid lands to the District in order to provide for the purchase, construction, extension, improvement, maintenance and operation of such waterworks and sanitary sewer system and such drainage facilities, so as to promote and protect the purity and sanitary condition of the State's waters and the public health and welfare of the community. -2- VI. It is estimated by the Petitioner, from such information as is available at this time, that the development contemplated within the proposed area to be annexed will be approximately $4,400,000. WHEREFORE, Petitioner respectfully prays that this petition be granted in all respects and that the City of Pearland give its consent to the annexation of the aforesaid land in said District. [SIGNATURES TO COMMENCE ON FOLLOWING PAGE] -3- Dated effective as of the 22nd day of January, 2001. VILLA VERDE SECTIONS II AND III LP, a Texas limited partnership BY: WESTCAM GP LLC, a Texas limited liability company, General Partner By: Renee L. West Manager Petitioner THE STATE OF TEXAS § § COUNTY OF BRAZORIA § Thi instrument was acknowledged before me on this day of 2001, by Renee L. West, Manager of Westcam LLC, exas limited liability company and general partner of Villa Verde Sections II and III LP, a Texas limited partnership, on behalf of said entities. (SEAL LINDA HOUSTON NOTARY PUBLIC State of Texas Comm. Exp. 03-29-2004 Notary Public in and for the State of Texas —4— ATTEST: creta y, oard ofay T"iu@+w js OICIPAL 0 °%f,,�. ib ca ° 4 b Ea. ® oo v V °° THE STATE OF TEXAS § COUNTY OF BRAZORIA § of Brazdkia Coun subdivision of subdivision. (SEAL) BRAZORIA COUNTY MUNICIPAL UTILITY !ISTRICT NO. 18 By: ent, of Directo This instrument was acknowledged before me on this QA. day , 2001, by John R. Bowman, the President of Municipal Utility District No. 18, a political the State of Texas, on behalf of said political LINDA HOUSTON NOTARY PUBLIC State of Texas Comm. Exp. 03-29-2004 Notary Public in and for the State of TEXAS -5- £XHIRIT "A" REKHA ENGINEERING, INC. CONSULTING ENGINEERS LEGAL DESCRIPTION TRACT THIRTEEN 31.1548 ACRE TRACT OF LAND LOCATED IN THE W.D.C. HALL SURVEY, ABSTRACT NO. 23, HARRIS COUNTY, TEXAS VILLA VERDE, SECTION TWO Being a 31.1548 acre (1,357,103 square foot) tract of land located in the Warren D.C. Hall Survey, Abstract 23, Harris County, Texas, and being out of a called 51.1982 acre tract of land described as Tract 2 in a deed to Roosevelt Texas Holdings Company Inc. dated November 10, 1995, recorded under County Clerk's File No. R157894 (Film Code No. 501-84-3224) of the Official Public Records of Real Property of Harris County, Texas, the southwest portion of which is a called 50 acre tract conveyed to Searcy Baker as per an instrument dated June 23, 1925 and recorded in Volume 623, Page 10 of the Deed Records of Harris County, Texas, that southwest portion also being conveyed as 4 - 12 1/2 acre tracts, all dated September 1, 1954, as per instruments recorded in Volume 2819, Page 384, Volume 2819, Page 387, Volume 2819, Page 390, and Volume 2819, Page 395, all in the Deed Records of Harris County, Texas, said 31.1548 acre tract being more particularly described by metes and bounds as follows (All bearings recited herein are based on the City of Pearland GPS Monumentation System): COMMENCING at a 5/8 inch iron rod found for the original southeast corner of the above - mentioned called 51.1982 acre tract, said 5/8 inch iron rod also called to be in the northwest line of a called 78.773 acre tract conveyed to the Harris County Flood Control District as per an instrument recorded under County Clerk's File No. J237306 (Film Code No. 064-98-2309) of the Official Public Records of Real Property of Harris County, Texas; THENCE South 42° 08' 43" West, along the southeast line of the herein described tract, same being the called northwest line of the said called 78.773 acre tract, a distance of 157.01 feet to a 5/8 inch iron rod found for an angle comer of the herein described tract, said 5/8 inch iron rod also being an angle corner in the called northwest line of the said called 78.773 acre tract; THENCE South 42° 56' 51" West, along the southeast line of the said called 51.1982 tract, same being the northwest line of the said called 78.773 acre tract, a distance of 415.43 feet to and the PLACE OF BEGINNING of the herein described tract; THENCE South 42° 56' 51" West, along the southeast line of the herein described tract, same being the northwest line of the said called 78.773 acre tract, at 716.55 feet pass a 5/8 inch iron rod found for the south corner of the said 51.1982 acre tract, same being an angle corner of the said called 78.773 acre tract, same being the east corner of a called 36.06 acre tract conveyed as Tract 2 to Inez Vivian McGinnis as per an instrument dated June 30,1995 and recorded under County Clerk's File No. R473344 (Film Code No. 504-47-2244) of the Official Public Records of Real Property of Harris County, Texas, said Tract 2 also being a called 36.06 acre tract conveyed as to A.S. Caldwell and R.R. Weary as per an instrument dated June 8, 1925 and recorded in Volume 572, Page 395 of the Deed Records of Harris County, Texas, in all a total distance of 749.84 feet to a point for a corner on the City Limit Line for the City of Pearland; THENCE North 48° 10' 21" West, along the northeasterly City Limit Line for the City of Pearland, a distance of 988.95 feet to a point for an exterior angle point of the herein described tract; 5301 HOLLISTER, SUITE 190 • HOUSTON, TEXAS 77040 PHONE: (713) 895-8080/8081 • FAX: (713) 895-7686 REKHA ENGINEERING, INC. CONSULTING ENGINEERS LEGAL DESCRIPTION TRACT THIRTEEN 31.1548 ACRE TRACT OF LAND LOCATED IN THE W.D.C. HALL SURVEY, ABSTRACT NO. 23, HARRIS COUNTY, TEXAS....PAGE 2 VILLA VERDE, SECTION TWO THENCE North 41° 49' 38" East, continuing along the said City Limit Line, a distance of 167.27 feet to a point for an interior angle corner of the herein described tract; THENCE North 48° 10' 21" West, continuing along the northeasterly City Limit Line for the City of Pearland and of the herein described tract, a distance of 1041.71 feet to a 5/8 inch iron rod found for the west corner of a called 50 acre tract conveyed as per an instrument recorded in Volume 623, Page 10 of the Deed Records of Harris County, Texas, the said 51.1982 acre tract and the herein described tract; THENCE North 41° 48' 01" East, along the north line of the said 50 acre tract, same being the south line of a tract conveyed to Reed -West Investments as per an instrument recorded under County Clerk's File No. T464162 of the said Official Public Records, a distance of 585.75 feet to a point for corner and being the north corner of the herein described tract; THENCE South 48° 04' 46" East, continuing along the northeast line of the herein described tract, the same being the agreed to and contracted extra -territorial jurisdiction line between the City of Houston and the City of Pearland as per an agreement recorded as City of Pearland Ordinance No. 188, a distance of 2,045.60 feet to a 5/8 inch iron rod found for the PLACE OF BEGINNING, containing 31.1548 acres (1,357,103 square feet) of land. I:\11771TRACT13.mb.doc December 16, 2000 5301 HOLLISTER, SUITE 190 • HOUSTON, TEXAS 77040 PHONE: (713) 895-8080/8081 • FAX: (713) 895-7686 PETITION FOR CONSENT TO INCLUDE ADDITIONAL LAND IN BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 18 THE STATE OF TEXAS § COUNTY OF BRAZORIA § TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF PEARLAND: HOUSTON PINE HOLLOW ASSOCIATES LIMITED, a Texas limited partnership, being the holder of title to a majority in value of the land hereinafter described, as such values are indicated by the tax rolls of Brazoria County, Texas (collectively, "Landowner") and Brazoria County Municipal Utility District No. 18 ("District") (Landowner and District hereinafter called "Petitioner"), acting pursuant to the provisions of Section 54.016, Texas Water Code, respectfully petition for consent to include additional land in a municipal utility district. In support of this petition, Petitioner shows as follows: I. The District, to which the land hereinafter described is sought to be annexed, exists under the terms and provisions of Article XVI, Section 59 of the Constitution of Texas and Chapters 49 and 54, Texas Water Code, as amended and was created by order of the Texas Natural Resource Conservation Commission) dated May 21, 1999. Landowner is the sole owner and holder of fee simple title to the land sought to be annexed to the District, as indicated by the tax rolls of Brazoria County, Texas. Landowner represents and warrants that the lienholder consenting to this petition below is the only holder of liens against the land sought to be annexed. II. The land sought to be added to the District contains approximately 2.0094 acres of land, more or less, and lies wholly within Brazoria County, Texas. Under the provisions of Vernon's Texas Civil Statues, Local Government Code, Section 42.001 et seq., as amended, said area is within the corporate limits of the City of Pearland and is not within such jurisdiction of any other city. All of the territory to be annexed may properly be annexed to the District. The land sought to be added to the area of the District is described by metes and bounds in Exhibit "A" attached hereto and incorporated herein for all purposes. IV. The general nature of the work proposed to be done in the area sought to be annexed shall be the purchase, construction, acquisition, repair, extension and improvement of land, easements, works, improvements, facilities, plants, equipment and appliances necessary to: (1) provide a water supply for municipal, domestic and commercial purposes; (2) collect, transport, process, dispose of and control all domestic, industrial or communal wastes whether in fluid, solid or composite state; and (3) gather, conduct, divert and control local storm water or other harmful excesses of water in the area. V. There is a necessity for the improvements above described for the following reasons. The area of the District is urban in nature, is within the growing environs of the City of Pearland, and is in close proximity to populous and developed sections of Brazoria County. The land sought to be added to the District is not supplied with adequate water, sanitary sewer and drainage facilities and services, nor is it presently economically feasible for such facilities to be provided to said land. The health and welfare of the present and future inhabitants of the District, the land sought to be added to the District and of territories adjacent thereto require the installation and acquisition of an adequate water supply and sewage disposal system and an adequate drainage system for and within the land sought to be added to the District. A public necessity exists for the addition of the aforesaid lands to the District in order to provide for the purchase, construction, extension, improvement, maintenance and operation of such waterworks and sanitary sewer system and such drainage facilities, so as to promote and protect the purity and sanitary condition of the State's waters and the public health and welfare of the community. -2- VI. It is estimated by the Petitioner, from such information as is available at this time, that the development contemplated within the proposed area to be annexed will be approximately $5,950,000. WHEREFORE, Petitioner respectfully prays that this petition be granted in all respects and that the City of Pearland give its consent to the annexation of the aforesaid land in said District. [SIGNATURES TO COMMENCE ON FOLLOWING PAGE] -3- Dated this the THE STATE OF 7-X § COUNTY OF ,OR4440 {�l!i' § day of N1)12.114)121 , 2000. HOUSTON PINE HOLLOW ASSOCIATES LIMITED, a Texas limited partnership BY: Millennium Development Corp., an Arizona corporation, General Partner G. Tiedje Pr-si•-nt Petitioner This instrument was acknowledged before me on this day of fl vv,i$ER. , 2000, by Raymond G. Tiedje, President of Millenium Development Corp., an Arizona corporation and general partner of Houston Pine Hollow Associates Limited, a Texas limited partnership, on behalf of said entities. (SE to; y p LINDA HOUSTON r! ,i. �° NOTARY PUBLIC '^ta� ' State of Texas '-`:/ Comm. Exp. 03-29-2004 Notary Public in and for the State of ?'.E XA- ATTEST: By: retary, oard of Directors THE STATE OF TEXAS § COUNTY OF BRAZORIA § BRAZORIA COUNTY MUNICIPAL UTILITY DI TRI0. 18 >>, \0;it.1,s' vill.r; WCIP a' Q •. • • 7 r am ► • t7 • Sti .•p?+a • 4%/rtlrtuun0U0ttttt��������\` Ails instrument was acknowledged before me on this / 9 day of e-ToBER , 2000, by John R. Bowman, the President of Brazoria County Municipal Utility District No. 18, a political subdivision of the State of Texas, on behalf of said political subdivision. LINDA HOUSTON NOTARY PUBLIC State of Texas Comm. Exp. 03-29-2004 (SEAL Notary Public in and for the State of TEXAS -5- The undersigned, being the holder of liens against the property described in the foregoing Petition hereby acknowledges and consents to said Petition. UNION PLANTERS BANK By: l''t l4h-- pR .172 A'1 THE STATE OF TEXAS § COUNTY OF BRAZORIA § 4 This instrument was acknowledged before of IVDUelnber , 2000, by ,5rgnch President of Union Planters Bank, on behalf of said corporation. (SEAL) me on this ,P5 day d ry a Texas corporation, • Notary Public the State of in a d for TEXAS -6- EXHIBIT "A" REKHA ENGINEERING. INC. CONSULTING ENGINEERS TRACT FIFTEEN 2.0094 ACRES OF LAND LOCATED IN THE PERRY & AUSTIN LEAGUE, ABSTRACT NO. 11, BRAZORIA COUNTY, TEXAS WITH 20' DRAINAGE EASEMENT Being a 2.0094 acres of land, being out of the George W. Jenkins Subdivision of 306.38 acres as recorded in Volume 2, page 20 of the Brazoria County Deed Records, located in the James T. Perry and Emily Austin League, Abstract No. 111, Brazoria County, Texas, said 51.413 acres also being a portion of that certain called 187.084 acre tract of land conveyed to Pine Hollow Associates, LTD. by Deed recorded under County Clerk's File No. 98-001759 of the Official Records of Brazoria County, Texas, said 2.0094 acre tract being more particularly described by metes and bounds as follows: COMMENCING at a 1/2 inch iron pipe found in the Southerly right-of-way line of said F.M. 518 for the Northeast comer of that certain called 2.55318 acre tract recorded in Volume 1302, Page 38 of the B.C.D.R. same being an exterior corner of said called 187.084 acre tract, the common Northerly corner of Lots 27, and 28 of said George W. Jenkins Subdivision, and the Northerly corner of the herein described tract; THENCE South 63° 00' 05" East, along the said Southerly right-of-way line of F.M. 518, a distance of 371.78 feet to a point for the easterly corner of a called 49.6070 acre tract herein referenced as Tract Five, said point falling in the centerline of 40.00 feet wide dedicated Road right-of-way as recorded in Vol. 2 Page 20 of the B.D.C.R. same being the Northwesterly line of a called 68.1273 acre tract conveyed to George A. Bofysill, Trustee by Deed Recorded in Volume 1210, Page 433 B.C.D.R. said point also falling within an existing drainage ditch (Marys Creek Bypass Channel), from said point a found 5/8 inch iron rod bears South 63° 00' 05" East, 51.88 feet; THENCE South 41 ° 46' 48" West, along the centerline of said dedicated Road and said drainage ditch, a distance of 3,343.93 feet to a point for corner; THENCE North 86°44'28" East, along the northeasterly projection of the City Limits Line of the City of Pearland per Ordinances No. 462 and 227, a distance of 28.20 feet to the northeast corner and PLACE OF BEGINNING of the herein described tract; THENCE South 41° 44' 28" West, parallel to and 20 feet southeast of the line called to be the centerline of said dedicated Road and said drainage ditch, a distance of 415.54 feet to a point for corner; THENCE North 56°42'35" West, a distance of 20.43 feet to a point for a comer on the northeasterly line of Lot 37 of west Friendswood Subdivision of 1260 acres, as recorded in Book 1, Page 96 of the B.C.D.R., for the South comer of the said Tract Five, from said point a found 3/4 inch iron pipe bears South 44° 50' 44" East, 63.14 feet, said iron pipe being the East corner of said Lot 37; THENCE North 48° 14' 07" West, along the Southwesterly line of Lot 48 of said George W. Jenkins Subdivision of 306.38 acres, same being the Northeasterly line of said west Friendswood Subdivision, a distance of 398.17 feet to a point for the West comer of the herein described tract; 5301 HOLLISTER, SUITE 190 • HOUSTON, TEXAS 77040 PHONE: (713) 895-8080/8081 • FAX: (713) 895-7686 REKHA ENGINEERING, INC. CONSULTING ENGINEERS TRACT FIFTEEN 2.0094 ACRES OF LAND LOCATED IN THE PERRY & AUSTIN LEAGUE, ABSTRACT NO. 11, BRAZORIA COUNTY, TEXAS....PAGE 2 THENCE North 86°44'28" East, along the City Limits Line of the City of Pearland per Ordinances No. 462 and 227, a distance of 591.68 feet to the PLACE OF BEGINNING and containing 2.0094 acres (87,528) of land. I :111771TRACT 15 M B. doc December 16, 2000 5301 HOLLISTER, SUITE 190 • HOUSTON, TEXAS 77040 PHONE: (713) 895-8080/8081 • FAX: (713) 895-7686 PETITION FOR CONSENT TO INCLUDE ADDITIONAL LAND IN BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 18 THE STATE OF TEXAS § COUNTY OF BRAZORIA § TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF PEARLAND: PINE HOLLOW ESTATES SECTION TWO, a Texas joint venture, being the holder of title to a majority in value of the land hereinafter described, as such values are indicated by the tax rolls of Brazoria County, Texas (collectively, "Landowner") and Brazoria County Municipal Utility District No. 18 ("District") (Landowner and District hereinafter called "Petitioner"), acting pursuant to the provisions of Section 54.016, Texas Water Code, respectfully petition for consent to include additional land in a municipal utility district. In support of this petition, Petitioner shows as follows: I. The District, to which the land hereinafter described is sought to be annexed, exists under the terms and provisions of Article XVI, Section 59 of the Constitution of Texas and Chapters 49 and 54, Texas Water Code, as amended and was created by order of the Texas Natural Resource Conservation Commission) dated May 21, 1999. Landowner is the sole owner and holder of fee simple title to the land sought to be annexed to the District, as indicated by the tax rolls of Brazoria County, Texas. Landowner represents and warrants that the lienholder consenting to this petition below is the only holder of liens against the land sought to be annexed. II. The land sought to be added to the District contains approximately 7.9851 acres of land, more or less, and lies wholly within Brazoria County, Texas. Under the provisions of Vernon's Texas Civil Statues, Local Government Code, Section 42.001 et seq., as amended, said area is within the corporate limits of the City of Pearland and is not within such jurisdiction of any other city. All of the territory to be annexed may properly be annexed to the District. The land sought to be added to the area of the District is described by metes and bounds in Exhibit "A" attached hereto and incorporated herein for all purposes. IV. The general nature of the work proposed to be done in the area sought to be annexed shall be the purchase, construction, acquisition, repair, extension and improvement of land, easements, works, improvements, facilities, plants, equipment and appliances necessary to: (1) provide a water supply for municipal, domestic and commercial purposes; (2) collect, transport, process, dispose of and control all domestic, industrial or communal wastes whether in fluid, solid or composite state; and (3) gather, conduct, divert and control local storm water or other harmful excesses of water in the area. V. There is a necessity for the improvements above described for the following reasons. The area of the District is urban in nature, is within the growing environs of the City of Pearland, and is in close proximity to populous and developed sections of Brazoria County. The land sought to be added to the District is not supplied with adequate water, sanitary sewer and drainage facilities and services, nor is it presently economically feasible for such facilities to be provided to said land. The health and welfare of the present and future inhabitants of the District, the land sought to be added to the District and of territories adjacent thereto require the installation and acquisition of an adequate water supply and sewage disposal system and an adequate drainage system for and within the land sought to be added to the District. A public necessity exists for the addition of the aforesaid lands to the District in order to provide for the purchase, construction, extension, improvement, maintenance and operation of such waterworks and sanitary sewer system and such drainage facilities, so as to promote and protect the purity and sanitary condition of the State's waters and the public health and welfare of the community. -2- VI. It is estimated by the Petitioner, from such information as is available at this time, that the development contemplated within the proposed area to be annexed will be approximately $1,200,000. WHEREFORE, Petitioner respectfully prays that this petition be granted in all respects and that the City of Pearland give its consent to the annexation of the aforesaid land in said District. [SIGNATURES TO COMMENCE ON FOLLOWING PAGE] -3- Dated this the 1st day of November, 2000. PINE HOLLOW ESTATES SECTION TWO, a Texas joint venture BY: R. WEST DEVELOPMENT CO., INC., a Texas Corporation, Managing Joint Venturer By: THE STATE OF TEXAS § COUNTY OF BRAZORIA § Renee L. West, President Petitioner This instrument was acknowledged before me on this 1st day of November, 2000, by Renee L. West, President of R. West Development Company, Inc., a Texas corporation and Managing Joint Venturer of Pine Hollow Estates Section Two, a Texas joint venture, on behalf of said joint venture. LINDA HOUSTON NOTARY PUBLIC State of Texas Comm. Exp. 03-29-2004 (SEAL) Notary Public in and for the State of TEXAS -4- ATTEST: By: rl / '. / / �_ By: cretary � P� dent, oard of Directors of Di - tors THE STATE OF TEXAS § COUNTY OF BRAZORIA § BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 18 Arot This instrument was acknowledged before me on this 19 day of fl e , 2000, by John R. Bowman, the President of Brazoria County Municipal Utility District No. 18, a political subdivision of the State of Texas, on behalf of said political subdivision. Y ALA LINDA HOUSTON or `;yr �' NOTARY PUBLIC <a �e State of Texas of ' Comm. Exp. 03-29-2004 (SEAL Notary Public in and for the State of TEXAS -5- The undersigned, being the holder of liens against the property described in the foregoing Petition hereby acknowledges and consents to said Petition. STERLING BANK Y Cr aic P ., h(V. Title: Vwe tC Qfl+ THE STATE OF, TEXAS § § COUNTY OF 'hJ M V § Thiq instr ent was acknowledged efo e m day of (\tl », 200i0, by rh tt Sterling Bank, a i~(kC s t rJLt5fk )1 , on be i`W\'jj\Q ccx r c . `'a:" y1; DALIA LEAL * 'el MY COMMISSION EXPIRES (SE �' .• ele , November 12, 2001 i his i._ irkmifta 1 of Iralf of said N€ary Public in Jand for the State of TEXAS EXHIBIT "A" N INEERING, IN CONSULTING ENGINEERS LEGAL DESCRIPTION TRACT FOURTEEN PINE HOLLOW ESTATES,SECTION TWO AFTER B.D.D.#4 R.O.W. DEDICATION BEING a 7.9851 acre (347,831 square foot) tract of land located in the W.D.C. Hall League, Abstract Number 70, Brazoria County, Texas, said 7.9850 acre tract being a part of a Partition of Lot 17, called 4.5912 acres, being known as the Rathburn Land Development Tract, said Partition recorded in Volume 921011, Page 857 of the Deed Records of Brazoria County, Texas, and being more particularly described by metes and bounds as follows(All bearings recited herein are grid bearings based on the City of Pearland GPS Monumentation System): COMMENCING at the most easterly northeast comer of the said Rathburn Land Development Tract, also being the most southerly southeast comer of Pine Hollow Estates, Section One, an addition to the City of Pearland as per an instrument recorded under Volume 20, Pages 5 and 6 of the Plat Records of Brazoria County, Texas; THENCE North 48°13'52" West, a distance of 20.83 feet to a point for corner, being a point in the northwest line of the right-of-way of Mary's Creek Bypass Channel, as dedicated as Reserve "A" by the plat of Pine Hollow Estates, Section Two, a subdivision per map or plat thereof recorded in Volume 21, Page 157 of the Plat Records of Brazoria County, Texas, said corner also being the most easterly northeast corner and PLACE OF BEGINNING of the herein described tract; THENCE South 42°56'38" West, along the northwest line of the northwest right-of-way line of Mary's Creek Bypass Channel, same being the northwest line of said Reserve "A", a distance of 483.79 feet to a point for corner, being a point in the north line of the right-of-way of Mary's Creek Bypass Channel, also being the most easterly southeast comer of the herein described tract; THENCE South 84°42'33" West, along the north line of the said right-of-way of Mary's Creek Bypass Channel, a distance of 122.00 feet to a point for corner, being the most westerly southeast corner of the herein described tract; THENCE North 48°00'49" West, along the northeast line of the said right-of-way of Mary's Creek Bypass Channel, a distance of 527.14 feet to a point for corner, being the most westerly corner of the herein described tract; THENCE North 41 °46'08" East, leaving the said northeast line, same being the northwest line of said Section Two, a distance of 571.00 feet to a point for corner, being located in the southwest line of said Pine Hollow Estates, Section One, also being the north corner of said Section Two and the herein described tract; THENCE South 49°13'52" East, along the southwest line of the said Pine Hollow Estates, Section One, same being the northeast line of Pine Hollow Estates, Section Two, a distance of 620.17 feet to the PLACE OF BEGINNING, and containing 7.9851 acres (347,831 square feet) of land. 1:111771tractl4mb.doc December 18, 2000 5301 HOLLISTER, SUITE 190 • HOUSTON, TEXAS 77040 PHONE: (713) 895-8080/8081 0 FAX: (713) 895-7686 L/ V . _. L. / L / v •/ 5863553'W sff. utS 32•o6134' E 127.76' t��ceN NO324'0719/ 297.93' nrs/r TRACT s86'35'53w TWELVE 163.1 B' 0.5580 ACRES' (24,305 S.F.) Viet itrIEXIG TRACT THIRTEEN (31.1548 \ACRES) VILLA VERDE, SE TION 0 u OZIP ,,R BAWL P.O.B. TRACT THIRTEEN P.O.B. TRACT FOURTEEN TRACT FOURTEEN PINE HOLLOW ESTATES SECTION 2 WITPOUT RESERVE 'A" (BDDROW DEDICATION) S836y 35 5_ NV a CCPse ac P.O.C. TRACT THIRTEEN SI St Ay • gg OQW dcrct oi UC3(3(3UVVU QQQQQgQQ O O N Ch N c N obi NWNhh01\00 c^^h'0Ng0 ^NNINvNtNM Nt CON Q QQQ Wom oo43 NI 0