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,,�.
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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
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WCIP
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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
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