Ord. 1214 04-11-05ORDINANCE NO. 1214
AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF
PEARLAND, TEXAS, TO INCLUDE ALL LAND AREA WITHIN CERTAIN
LIMITS AND BOUNDARIES AND ANNEXING TO THE CITY OF
PEARLAND ALL OF THE AREA WITHIN SUCH LIMITS AND
BOUNDARIES (BELTWAY 8 AT SH 288); 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 March
7, 2005 and on March 21, 2005, 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
1
ORDINANCE NO. 1214
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:
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, and such territory is hereby
annexed to and made a part of the City.
Section 2. 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 432 acres, more or
Tess, to be annexed into the City of Pearland, being all or a portion of Lots 22, 30,
31, 44, 48, 49, 51 and 59 Orchard Ridge Addition according to the plat thereof as
filed in Volume 64, Page 7 Harris County Deed Records and all or a portion of Lots
33-36,33 1/2 -37 1/2, 44-48, 45 1/2- 48 1/2, 49-52, 49 1/2 - 54 1/2, 59-64 and
59 1/2 -64 1/2 Allison -Richey Gulf Coast Home Company Subdivision, Section "F"
according to the plat thereof as filed in Volume 3, Page 40 Harris County Map
Records and all or a portion of Lots 1, 3, 5, 7, 9, 11, 12 and 14 Allison -Richey Gulf
Coast Home Company Subdivision, Section "P" according to the plat thereof as
filed in Volume 3, Page 40 Harris County Map Records and being out of the R.
Blackburn Survey, Abstract-160, the S. G. Hayne Survey, Abstract-212, the
James Hamilton or D. White Survey, Abstract-876, the O. Pitts Survey, Abstract-
2
ORDINANCE NO. 1214
626 and the Dupuy and Roberts Survey, Abstract-726, Harris County, Texas
attached hereto as Exhibit "B" and made a part hereof for all purposes.
Such Municipal Service Plan is hereby approved.
Section 3. 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.
Section 4. 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 5. 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
3
ORDINANCE NO. 1214
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 every part of 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 llth day of
Apri1
ATTEST:
NG , TR
SE ' ETARY
, A. D., 2005.
TOM REID
MAYOR
e,d,
4
ORDINANCE NO. 1214
PASSED and APPROVED on Second and Final Reading this the 25th day of
April
, A. D., 2005.
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
-1/
5
METES AND BOUNDS DESCRIPTION
432 ACRES, MORE OR LESS
BEING ALL OR A PORTION OF
LOTS 22, 30, 31, 44, 48, 49, 51 AND 59 ORCHARD RIDGE ADDITION
AND ALL OR A PORTION OF
LOTS 33-36, 33 1/2 - 37 1/2, 44-48, 45 1/2 - 48 1/2, 49-52, 49 1/2 - 54 1/2,
59-64 AND 59 1/2 - 64 1/2
ALLISON-RICHEY GULF COAST HOME COMPANY SUBDIVISION; SECTION "F",
AND ALL OR A PORTION OF
LOTS 1, 3, 5, 7; 9, 11, 12 AND 14
ALLISON-RICHEY GULF COAST HOME COMPANY SUBDIVISION, SECTION "P"
AND BEING OUT OF THE R. BLACKBURN SUFVEY, ABSTRACT -160,
THE S. G. HAYNE SURVEY, ABSTRACT - 212,
THE JAMES HAMILTON OR D. WHITE SURVEY, ABSTRACT - 876,
THE O. PITTS SURVEY, ABSTRACT - 626,
AND THE DUPUY AND ROBERTS SURVEY, ABSTRACT - 726
HARRIS COUNTY, TEXAS
Generally located north of Clear Creek, east of Old Airline Road, south of Riley Road and west
of State Highway Number 288; the south line being the centerline of Clear Creek, the west line
being the east right-of-way line of Old Airline Road (also called'County Road 48 and Almeda
School Road), the north line being the north right-of-way line of Riley Road and the east line
running generally along the east right-of-way line of Hooper Road, the centerline of Woods
Road, the north right-of-way line of Fruge Road and terminating at the centerline of Clear Creek;
(:All that certain 432 acres, more or less, to be annexed into the City of Pearland, being all or a
portion of Lots 22, 30, 31, 44, 48, 49, 51 and 59 Orchard Ridge Addition according to the plat
thereof as filed in Volume 64, Page 7 Harris County Deed Records and all or a portion of Lots
33-36, 33 1/2 - 37 1/2, 44-48, 45 1/2 - 48 1/2, 49-52, 49 1/2 - 54 1/2, 59-64 and 59 1/2 - 64 1/2
Allison -Richey Gulf Coast Home Company Subdivision, Section "F" according to the plat
thereof as filed in Volume 3, Page 40 Harris County Map Records and all or a portion of Lots 1,
3, 5, 7, 9, 11, 12 and 14 Allison -Richey Gulf Coast Home Company Subdivision, Section "P"
according to the plat thereof as filed in Volume 3, Page 40 Harris County Map Records and
being out of the R. Blackburn Survey, Abstract - 160, the S. G. Hayne Survey, Abstract - 212,
the James Hamilton or D. White Survey, Abstract - 876, the O. Pitts Survey, Abstract - 626 and
the Dupuy and Roberts Survey, Abstract - 726, Harris County, Texas]and being more
particularly described by metes and bounds as follows;
Beginning at a point marking the southwest corner of City of Pearland Ordinance No. 1033, said
point also marking the intersection of the east right-of-way line of said Old Airline Road and the
north right-of-way line of Riley Road;
1. Thence Easterly - 3,967' more or less with the':south line of said City of Pearland Ordinance
No. 1033 and the north right-of-way line of said Riley Road to a point for corner;
2. Thence Southerly - 567' more or less with the east right-of-way line of Hooper Road and the
west line of City of Pearland Ordinance No. 922, the west line of City of Pearland Ordinance--;
No. 1169 and the west line of City of Pearland Ordinance No. 1168 to a point for corner,_
3. Thence the following 4 courses with the westerly line of said City of Pearland Ordinance No =
1168;
4. Thence Easterly — 630' more or less with the north line of that certain tract described in a
deed dated 07-07-1982 from John Clinton Bybee, Jr., et al to Mary Elizabeth Bybee Brown
as filed in Official Records of Real Property of Harris County at Clerk's File Number H-
537616, Film Code Number 020-84-2366 (also see that certain Boundary and Monument
Agreement Based on Re -Survey ed FilOe Number3as filed in J-077627, Film Official
Number 054-981
Property of Harris County at Clerk's
0344) to a point for corner;
5. Thence Southerly— 349' more or.less with the east line of said Mary Elizabeth Bybee Brown
tract to a point for corner;
6. Thence Westerly — 630' more or less with the south line of said Mary Elizabeth Bybee
Brown tract to a point for corner;
7. Thence Southerly — 759' more or less with the east right-of-way line of Hooper Road to a
point for corner;
8. Thence Easterly 1,290' more or less departing the west. line of said City of *Pearland
Ordinance No. 1168 and continuing with the south line of said City of Pearland Ordinance
No. 1168 to a point for corner;
9. Thence Southerly — 1,177' more or less with the centerline of Woods Road (not open) and
the west line of City of Pearland Ordinance No. 922 to a point for corner;
10. Thence the following 3 courses with the south -line of said City of Pearland Ordinance No.
.922;
11. Thence Easterly — 1,320' more or less with the north right-of-way line of Fruge Road or the -
projection thereof to a point for corner;
12. Thence Northerly — 185' more or less with the centerline of Chris Road to a point for corner;
13. Thence Easterly — 2,226' more or less to a point for corner in the centerline of Clear Creek;
14. Thence Westerly, Northerly and Southerly — 9,731' more or less with the meanders of the
•
centerline of Clear Creek, also being the northerly line of City of Pearland Ordinance No. 31
to a point for corner;
15. Thence Northerly — 3,183'. more or less with the east right -of --way line of said_Old Airline
Road to the POINT OF 3EGINNING and containing 432 acres of land 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 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?'
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
Job Number: 11-421-89 432 acres M&B.doc 12-14-2004
EXHIBIT
SERVICE PLAN — SPECTRUM AREA
CITY OF PEARLAND, TEXAS
SERVICE PLAN FOR 432 acres of land generally located north of Clear Creek, east of Old
Airline Road, south of Riley Road and west of State Highway Number 288; the south line being
the centerline of Clear Creek, the west line being the east right-of-way line of Old Airline Road
(also called County Road 48 and Almeda School Road), the north line being the north right-of-
way line of Riley Road and the east line running generally along the east right-of-way line of
Hooper Road, the centerline of Woods Road, the north right-of-way line of Fruge Road and
terminating at the centerline of Clear Creek.
a
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, of land located adjacent to the city limits and encompassing
approximately 432 acres in Harris 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 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
City of Pearland, Service Plan - Spectrum Annexation 1
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
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
I. 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 Volunteer Fire Department (VFD), under contract
with the City of Pearland, will continue to serve the area in cooperation with
other fire departments in the area according to mutually agreed to procedures.
c. Emergency Medical Service: The Pearland Emergency Medical Service (EMS)
will continue to provide emergency medical service to the Tract.
d. Solid Waste Collection: Service will be provided to eligible property by private
contractor, under contract with the City. To be eligible for City solid waste
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 management service provider may continue to use that service for
two years after the effective date of the annexation.
e. Operation and Maintenance of Water and Wastewater Facilities: There are
currently no public water or sewer systems within this area.
f. Operation and Maintenance of Road and Streets (including lighting): Existing
public roads and streets, including lighting and traffic control devices, if any,
will be operated and maintained by the City, subject to the jurisdiction of
City of Pearland, Service Plan — Spectrum Annexation 2
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 will be operated and maintained by the City.
g. Operation and Maintenance of Parks, Playgrounds and Swimming Pools:
There are no such public facilities in the area.
h. Operation and Maintenance of Any Other Publicly Owned Facility, Building
or Service. There are no other public facilities or services in the area.
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.
City of Pearland, Service Plan — Spectrum Annexation
The planned completion of Kirby Drive will enhance routine and emergency
access to the site. See additional comments regarding Kingsley Drive under the
"Roads" section.
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
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: In conjunction with the Kirby Drive extension,
the City is extending trunk water and sewer facilities with a capacity sufficient to
serve the entire area. These trunk main extensions will provide a level of service
consistent with other areas of the City with similar topography, land use and
population density. Service line extensions to serve individual tracts are the
responsibility of the tract owner, as it is within the existing City utility system
following standard policies and procedures.
The City will make wastewater treatment capacity in existing or future wastewater
treatment plants built and operated by the City available for the Tract.
The city will make potable water supply 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.
6. Roads and Streets (including lighting): Existing access to the tract is adequate.
However, additional access to the Tract will be provided by the proposed
extension of Kirby Drive from Clear Creek to Beltway within 41h years from the
effective date of annexation. 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.
City of Pearland, Service Plan — Spectrum Annexation
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.
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.
City of Pearland, Service Plan — Spectrum Annexation 5
METES AND BOUNDS DESCRIPTION
432 ACRES, MORE OR LESS
BEING ALL OR A PORTION OF
LOTS 22, 30, 31, 44, 48, 49, 51 AND 59 ORCHARD RIDGE ADDITION
AND ALL OR A PORTION OF
LOTS 33-36, 33 1/2 - 37 1/2, 44-48, 45 1/2 - 48 1/2, 49-52, 49 1/2 - 54 1/2,
59-64 AND 59 1/2 - 64 1/2
ALLISON-RICHEY GULF COAST HOME COMPANY SUBDIVISION; SECTION "F",
AND ALL OR A PORTION OF
LOTS 1, 3, 5, 7; 9, 11, 12 AND 14
ALLISON-RICHEY GULF COAST HOME COMPANY SUBDIVISION, SECTION "P"
AND BEING OUT OF THE R. BLACKBURN SUFVEY, ABSTRACT -160,
THE S. G. HAYNE SURVEY, ABSTRACT - 212,
THE JAMES HAMILTON OR D. WHITE SURVEY, ABSTRACT - 876,
THE O. PITTS SURVEY, ABSTRACT - 626,
AND THE DUPUY AND ROBERTS SURVEY, ABSTRACT - 726
HARRIS COUNTY, TEXAS
Generally located north of Clear Creek, east of Old Airline Road, south of Riley Road and west
of State Highway Number 288; the south line being the centerline of Clear Creek, the west line
being the east right-of-way line of Old Airline Road (also calledlCounty Road 48 and Almeda
School Road), the north line being the north right-of-way line of Riley Road and the east line
running generally along the east right-of-way line of Hooper Road, the centerline of Woods
Road, the north right-of-way line of Fruge Road and terminating at the centerline of Clear Creek;
[All that certain 432 acres, more or less, to be annexed into the City of Pearland, being all or a
portion of Lots 22, 30, 31, 44, 48, 49, 51 and 59 Orchard Ridge Addition according to the plat
thereof as filed in Volume 64, Page 7 Harris County Deed Records and all or a portion of Lots
33-36, 33 1/2 - 37 1/2, 44-48, 45 1/2 - 48 1/2, 49-52, 49 1/2 - 54 1/2, 59-64 and 59 1/2 - 64 1/2
Allison -Richey Gulf Coast Home Company Subdivision, Section "F" according to the plat
thereof as filed in Volume 3, Page 40 Harris County Map Records and all or a portion of Lots 1,
3, 5, 7, 9, 11, 12 and 14 Allison -Richey Gulf Coast Home Company Subdivision, Section "P"
according to the plat thereof as filed in Volume 3, Page 40 Harris County Map Records and
being out of the R. Blackburn Survey, Abstract - 160, the S. G. Hayne Survey, Abstract - 212,
the James Hamilton or D. White Survey, Abstract - 876, the O. Pitts Survey, Abstract - 626 and
the Dupuy and Roberts Survey, Abstract - 726, Harris County, Texas]and being more
particularly described by metes and bounds as follows;
Beginning at a point marking the southwest corner of City of Pearland Ordinance No. 1033, said
point also marking the intersection of the east right-of-way line of said Old Airline Road and the
north right-of-way line of Riley Road;
1. Thence Easterly - 3,967' more or less with the' south line of said City of Pearland Ordinance __ __
No. 1033 and the north right-of-way line of said Riley Road to a point for corner;
2. Thence Southerly - 567' more or less with the east right-of-way line of Hooper Road and the
west line of City of Pearland Ordinance No. 922, the west line of City of Pearland Ordinance
No. 1169 and the west line of City of Pearland Ordinance No. 1168 to a point for corner
3. Thence the following 4 courses with the westerly line of said City of Pearland Ordinance No.
1168;
M & B 432 acres Spectrum
4. Thence Easterly — 630' more or less with the north line of that certain tract described in a
deed dated 07-07-1982 from John Clinton Bybee, Jr., et al to Mary Elizabeth Bybee Brown
as filed in Official Records of Real Property of Harris County at Clerk's File Number H-
537616, Film Code Number 020-84-2366 (also see that certain Boundary and Monument
Agreement Based on Re -Survey dated 06-14-1983 as filed in Official Records of Real
Property of Harris County at Clerk's File Number J-077627, Film Code Number 054-98-
0344) to a point for corner; .
5. Thence Southerly 349' more or.less with the east line of said Mary Elizabeth Bybee Brown
tract to a point for corner;
6. Thence Westerly — 630' more or less with the south line of said Mary Elizabeth Bybee
Brown tract to a point for corner;
7. Thence Southerly — 759' more or less with the east right-of-way line of Hooper Road to a
point for corner;
8. Thence Easterly 1,290' more or less departing the west. line of said City of -Pearland
Ordinance No. 1168 and continuing with the south line of said City of Pearland Ordinance
No. 1168 to a point for comer;
9 Thence Southerly — 1,177' more or less with the centerline of Woods Road (not open) and
the west line of City of Pearland Ordinance No. 922 to a point for corner;
10. Thence the following 3 courses with the south line of said City of Pearland Ordinance No.
.922;
11. Thence Easterly — 1,320' more or less with the north right-of-way line of Fruge Road or the -
projection thereof to a point for corner;
12. Thence Northerly — 185' more or less with the centerline of Chris Road to a point for corner;
13. Thence Easterly — 2,226' more or less to a point for corner in the centerline of Clear Creek;
14. Thence Westerly, Northerly and Southerly — 9,731' more or less with the meanders of the
centerline of Clear Creek, also being the northerly line of City of Pearland Ordinance No. 31
to a point for corner;
15. Thence Northerly — 3,183' more or less with the east right-of-way line of said Old_Airline
Road to the POINT OF BEGINNING and containing 432 acres of land 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 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."
This metes and bounds description is accompanied by a separate plat, drawing or exhibit -per
Board of Professional Land Surveyor's _ "General Rules of Procedures and=Practi es"
Texas
Section 663.19(9).
Compiled by:
C.L. Davis & Company
Job Number: 11-421-89 432 acres M&B.doc 12-14-2004
M & B 432 acres Spectrum
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Randy Emmons, hereby certify that the notice hereby appended was published
in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
circulation in Brazoria, Harris &,.Galveston Counties, for / issues, as follows:
No. / Date 2 -/2 20..�1,,c_
No. Date 20
No. • Date 20
No. Date 20
No. Date 20
President
Subscribe and sworn to before me this— 7 day of Ic't
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
Laura Ann Emmons, Publisher
Notary Public, State of Texas
[ LEGALS J
Published Feb. 16, 2005
PUBUC NOTICE
NOTICE OF PUBLIC
HEARING ON
ANNEXATION
Notice is hereby given that
a public hearing will be held
by the City Council of the
City of Pearland, Texas, in
the Council Chambers, City
Hall, 3519 Liberty Drive,
Pearland, Texas, at 6:30
P.M. on March 7, 2005 for
the purpose of considering
annexation into the city lim-
its of the following property
generally located generally
located north of Clear
Creek, east of Old Airline
Road, south of Riley Road
and west of State Highway
Number 288; the south line
being the centerline of Clear
Creek, the west line being
the east right-of-way line of
Old Airline Road (also
called County Road 48 and
Almeda School Road), the
north line being the north
right-of-way line of Riley
Road and the east line run-
ning generally along the
east right-of-way line of
Hooper Road, the centerline
of Woods Road, the north
right-of-way line of Fruge
Road and terminating at the
centerline of Clear Creek;
All that certain 432 acres,
more or less, to be annexed
into the City of Pearland,
being all or a portion of Lots
22, 30, 31, 44, 48, 49, 51
and 59 Orchard Ridge
Addition according to the
plat thereof as filed in
Volume 64, Page 7 Harris
County Deed Records and
all or a portion of Lots 33-
36, 33 1/2 - 37 1/2, 44.48,
45 1/2 - 48 1/2, 49-52, 49
1/2 - 54 1/2, 59-84 and 59
1/2 - 84 1/2 Allison -Richey
Gulf Coast Home Company
Subdivision, Section "F"
according to the plat thereof
as filed in Volume 3, Page
40 Harris County Map
Records and all or a portion
of Lots 1, 3, 5, 7, 9, 11, 12
and 14 Allison -Richey Gulf
Coast Home Company
Subdivision, Section "P"
according to the. plat thereof
as filed in Volume 3, Page
40 Harris County Map
Records and being out of
the R. Blackburn Survey,
Abstract - 180, the S. G.
Hayne Survey, Abstract •
212, the James Hamilton or
D. White Survey, Abstract -
878, the 0. Pitts Survey,
Abstract - 626 and the
Dupuy and Roberts Survey,
Abstract - 726, Harris
County, Texas and being
more particularly described
by metes and bounds as fol-
lows;
Beginning at a point mark-
ing the southwest oomer of
City of Pearland Ordinance
No. 1033, said point also
marking the intersection of
the east right-of-way line of
said Old Airline Road and
the north right-of-way line of
Riley Road;
1.Thence Easterly - 3,967'
more or less with the south
line of said City of Pearland
Ordinance No. 1033 and the
north right-of-way line of
said Riley Road to a point
for comer;
2.Thence Southerly - 567'
more or less with the east
right-of-way line of Hooper
Road and the west line of
City of Pearland Ordinance
No. 922, the west line of
City of Pearland Ordinance
No. 1169 and the west line
of City of Pearland
Ordinance No. 1168 to a
point for corner;
3.Thence the following 4
courses with the westerly
line of said City of Pearland
Ordinance No. 1168;
4.Thence Easterly - 630'
more or less with the north
line of that certain tract
described in a deed dated
07-07-1982 from John
Clinton Bybee, Jr., et al to
Mary Elizabeth Bybee
Brown as filed in Official
Records of Real Property of
Harris County at Clerk's File
Number H-537616, Film
Code Number 020-84-2366
(also see that certain
Boundary and Monument
Agreement Based on Re -
Survey dated 08-14.1983
as filed in Official Records
of Real Property of Harris
County at Clerk's File
Number J-077627, Film
Code Number 054-98-0344)
to a point for comer;
5.Thence Southerly - 349'
more or less with the east
line of said Mary Elizabeth
Bybee Brown tract to a point
for comer;
6.Thence Westerly - 630'
more or less with the south
line of said Mary Elizabeth
Bybee Brown tract to a point
for comer;
LEGALS
7.Thence Southerly - 759'
more or less with the east
right-of-way line of Hooper
Road to a point for comer,
8.Thence Easterly - 1,290'
more or less departing the
west line of said City of
Pearland Ordinance No.
1168 and continuing with
the south line of said City of
Pearland Ordinance No.
1168 to a point for comer,
9.Thence Southerly -1,177'
more or less with the cen-
terline of Woods Road (not
open) and the west line of
City of Pearland Ordinance
No. 922 to a point for cor-
ner;
10.Thence the following 3
courses with the south line
of said City of Pearland
Ordinance No. 922;
11.Thence Easterly -1,320'
more or less with the north.
right-of-way line of Fruge
Road or the projection
thereof to a point for comer,
12.Thence Northerly - 185'
more or less with the cen-
terline of Chris Road to a
point for comer,
13.Thence Easterly - 2,226'
more or less to a point for
corner in the centerline of
Clear Creek;
14.Thence Westerly,
Northerly and Southerly -
9,731' more or less with the
meanders of the centerline
of Clear Creek, also being
the northerly line of City of
Pearland Ordinance No. 31
to a point for comer,
15.Thence Northerly -
3,183' more or less with the
east right-of-way line of said
Old Airline Road to the
POINT OF BEGINNING and
containing 432 acres of land'
more or less.
At said hearing all interest-
ed parties shall have the
right and opportunity to
appear and be heard on the
subject.
il-nr\o(•
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Randy Emmons, hereby certify that the notice hereby appended was published
in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
circulation in Brazoria, Harris & Galveston Counties, for / issues, as follows:
No. // Date :.g" l 20
No Date 20
No. Date 20
No Date 20
No. Date 20
Subscribe and sworn to before me this /0
2005-
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
I
President
day of Aloe/L-1
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Cl"61- ION
Published March 9, 2005
PUBLIC NOTICE
NOTICE OF PUBLIC
HEARING ON
ANNEXATION
Notice is hereby given that •
a public hearing will be held
by the City Council of the
City of Pearland, Texas, in
the Council Chambers, City
Hall, 3519 Liberty Drive,
Pearland, Texas, at 6:30
P.M. on March 21, 2005 for
the purpose of considering
annexation into the city lim-
its of the following property
generally located generally
located north of Clear
Creek, east of Old Airline
Road, south of Riley Road
and west of State Highway
Number 288; the south line
being the centerline of Clear
Creek, the west line being
the east right-of-way line of
Old Airline Road (also
called County Road 48 and
Almeda School Road), the
north line being the north
right-of-way line of Riley
Road and the east line run-
ning generally along the
east right-of-way line of
Hooper Road, the centerline
of Woods Road, the north
right-of-way line of Fruge
Road and terminating at the
centerline of Clear Creek;
All that certain 432 acres,
more or less, to be annexed
into the City of Pearland,
being all or a portion of Lots
22, 30, 31, 44, 48, 49, 51
and 59 Orchard Ridge
Addition according to the
plat thereof as filed in
Volume 64, Page 7 Harris
County Deed Records and
all or a portion of Lots 33-
36, 33 1/2 - 37 1/2, 44-48,
45 1/2 - 48 1/2, 49-52, 49
1/2 - 54 1/2, 59-64 and 59
t/2 - 64 1/2 Allison -Richey
Gulf Coast Home Company
Subdivision, Section "F"
according to the plat thereof
as filed in Volume 3, Page
40 Harris County Map
Records and all or a portion
of Lots 1, 3, 5, 7, 9, 11, 12
and 14 Allison -Richey Gulf
Coast Home Company
Subdivision, Section "P"
according to the plat thereof
as filed in Volume 3, Page
40 Harris County Map
Records and being out of
LEGALS
the R. Blackburn Survey,
Abstract - 160, the S. G.
Hayne Survey, Abstract -
212, the James Hamilton or
D. White Survey, Abstract -
876, the 0. Pitts Survey,
Abstract - 626 and the
Dupuy and Roberts Survey,
Abstract - 726, Harris
County, Texas and being
more particularly described
by metes and bounds as fol-
lows;
Beginning at a point mark-
ing the southwest comer of
City of Pearland Ordinance
No. 1033, said point also
marking the intersection of
the east right-of-way line of
said Old Airline Road and
the north right-of-way line of
Riley Road;
1. Thence Easterly - 3,967'
more or less with the south
line of said City of Pearland
Ordinance No. 1033 and the
north right-of-way line of
said Riley Road to a point
for corner;
2. Thence Southerly - 567'
more or less with the east
right-of-way line of Hooper
Road and the west line of
City of Pearland Ordinance
No. 922, the west line of
City of Pearland Ordinance
No. 1169 and the west line
of City of Pearland
Ordinance No. 1168 to a
point for comer;
3. Thence the following 4
courses with the westerly
line of said City of Pearland
uromance No. 1168;
4. Thence Easterly - 630'
more or less with the north
line of that certain tract
described in a deed dated
07-07-1982 from John
Clinton Bybee, Jr., et al to
Mary Elizabeth Bybee
Brown as filed in Official
Records of Real Property of
Harris County at Clerk's File
Number H-537616, Film
Code Number 020-84-2366
(also see that certain
Boundary and Monument
Agreement Based on Re -
Survey dated 06-14-1983
as filed in Official Records
of Real Property of Harris
County at Clerk's File
Number J-077627, Film
Code Number 054-98-0344)
to a point for corner;
5. Thence Southerly - 349'
more or less with the east
line of said Mary Elizabeth
Bybee Brown tract to a point
for corner;
6. Thence Westerly - 630'
more or less with the south
line of said Mary Elizabeth
Bybee Brown tract to a point
for corner;
7. Thence Southerly - 759'
more or less with the east
right-of-way line of Hooper
Road to a point for corner;
8. Thence Easterly - 1,290'
more or less departing the
west line of said City of
Pearland Ordinance No.
1168 and continuing with
the south line of said City of
Pearland Ordinance No.
1168 to a point for corner;
9. Thence Southerly -
1,177' more or less with the
centerline of Woods Road
(not open) and the west line
of City of Pearland
Ordinance No. 922 to a
point for corner;
10. Thence the following 3
courses with the south line
of said City of Pearland
Ordinance No. 922;
11. Thence Easterly -
1,320' more or less with the
north right-of-way line of
Fruge Road or the projec-
tion thereof to a point for
comer;
12. Thence Northerly - 185'
more or less with the cen-
terline of Chris Road to a
point for comer;
13. Thence Easterly -
2,226' more or less to a
point for corner in the cen-
terline of Clear Creek;
14. Thence Westerly,
Northerly and Southerly -
9,731' more or less with the
meanders of the centerline
of Clear Creek, also being
the northerly line of City of
Pearland Ordinance No. 31
to a point for corner;
15. Thence Northerly -
3,183' more or less with the
east right-of-way line of said
Old Airline Road to the
POINT OF BEGINNING and
containing 432 acres of land
more or less.
At said hearing all interest-
ed parties shall have the
rigt;, and opportunity to
appear and be heard on the
subject.
/s/ Lata Krishnarao
Planning Director
Young Lorfing
City Secretary
(281) 652-1655
Fax (281) 652-1719
January 9, 2006
Joyce Hudman, County Clerk
Brazoria County Courthouse
111 E. Locust Ste. 200
Angleton, Texas 77515-4654
Dear Ms. Hudman:
Enclosed is a certified copy of Ordinance No. 1088, 1089, 1102, 1213, and 1214, annexation
ordinances for the City of Pearland. The ordinances contains legal description and vicinity map for
each annexation. Please file and record the above listed Ordinances to reflect these additions to
the City Limits of the City of Pearland. The Ordinance is summarized as follows:
Ordinance No. Effective Date General Description Area (Acres)
1089 12/31/2005 MUD No. 5 - Southdown 582
1213 4/25/2005 Villa Verde, Sec. 2 & 3 20.5
1214 4/25/2005 MUD No. 17 -. Sunrise Lakes 75.5396
1088 12/31/2006 MUD No. 1 - East Half Siiverlake 520
1102 12/31/2012 MUD No. 4 - Country Place 662
If you have any questions regarding this request please contact Young Lorfing at 281-652-1655.
After recording return to:
Young Lorfing, City Secretary
3519 Liberty Drive
Pearland, Texas 77581
Thank you in advance for your assistance with this request.
Sincerely,
oung S: ing, T'�C
ity Secretary
Enclosures
3519 LIBERTY DRIVE • PEARLAND, TEXAS 77581-5416 • 281-652-1600 • www.ci.pearland.tx.us
" Printed on Recycled Paper
Doc# 2006 022 ;39
CERTIFICATION
THE STATE OF TEXAS
COUNTIES OF BRAZORIA, HARRIS &
FORT BEND.
I, Young Lorfing, City Secretary of the City of Pearland, Texas, hereby certify that
the attached constitutes a true and correct copy of ORDINANCE NO. 1214; duly passed
and approved on its Second and Final Reading by the City Council on the 25th day
April, 2005.
Witness my hand and seal of the City of Pearland, Texas, this 9' day of January,
2006, at Pearland, Texas.
s1/_AL Alle��
Y� Ing LO '`•'' C/
Secr=r
ry
RECORDER'S MEMORANDUM:
At the time of recordation, this instrument was found to be
inadequate for the best photographic reproduction because
of illegibility, carbon, or photo -copy, discolored paper, etc.
All blockouts, additions and changes were present at the
time the instrument was filed and recorded.
3519 LIBERTY DRIVE • PEARLAND, TEXAS 77581-5416 • 281-652-1600 • www.ci.pearland.tx.us
Printed on Recycled Paper
COMPTROLLER OF PUBLIC ACCOUNTS
P.O. BOX 13528
AUSTIN, TX 78711-3528
June 15, 2006
Mr. Young Lorfing
City Secretary
City of Pearland
Pearland, Texas 77581-5416
Dear Mr: Lorfing:
On May 28, 2006 our office received annexation ordinance nos. 1168 and 1214 and the maps
indicating areas being annexed into the City of Pearland. At that time we were informed by the
City Attorney's Office that both areas were vacant land. We then set the effective date for July 1,
2006.
On June 13, 2006 we received a call from a business located in the area annexed in ordinance
1214 stating that they had received notification from the city that their business location at 322
Riley Road had been annexed. Per our conversation June 13, 2006 we determined that this
business is in fact in the annexed area.
A field assignment has been issued to our Houston Northwest Field Office instructing them to
canvass both areas in search of other businesses and inform them they should begin collecting
Pearland's 1.5% City Sales and Use Tax effective October 1, 2006.
If you have any questions or need more information, please call me toll free at 1-800-531-5441,
• extension 50274. The regular number is 512/475-0274.
incerely,
Veronica P. aryc
Revenue Accounting Division
Tax Allocation Section
COMPTROLLER OF PUBLIC ACCOUNTS
P.O. BOX 13528
AUSTIN, TX 78711-3528
May 3, 2006
Young Lorfing
City Secretary
City of Pearland
3519 Liberty Drive
Pearland, Texas 77581-5416
Dear Mr. Lorfing:
We have received annexation ordinance nos. 1168
annexed into the City of Pearland.
MAY - 8 2006
u
CATY
d the maps indicating the areas to be
The local sales and use tax will become effective July 1, 2006 in the area indicated on the map.
Per my conversation with Darrin. Coker, City Attorney, the area being annexed was identified as
vacant land. Therefore, we assume this area has no businesses to be annexed at this time. We
have confirmed the following utility companies as servicing the newly annexed area.
RELIANT ENERGY RETAIL SERVICES LLC
CENTERPOINT ENERGY RESOURCES CORP
TEXAS CABLE PARTNERS LP
If any of this information is incorrect or you have any questions, please contact me right away.
You can contact me toll free at 1-800-531-5441, extension 64317 or my direct number is
512/936-4317
Mark KasPar
Revenue Accounting Division
Tax Allocation Section
CERTIFICATION
THE STATE OF TEXAS
COUNTIES OF BRAZORIA, HARRIS &
FT. BEND. §
I, LaKeisha Cannon -Scott, Deputy City Secretary of the City of Pearland, Texas,
hereby certify that the attached constitutes a true and correct copy of ORDINANCE NO.
1214 duly passed and approved on its Second and Final Reading by the City Council
on the 25th day of April 2005.
Witness my hand and seal of the City of Pearland, Texas, this 4th day of May, 2005,
at Pearland, Texas.
(SEAL)
LaKeisha Cannon -Scott
Deputy City Secretary
3519 LIBERTY DRIVE • PEARLAND, TEXAS 77581-5416 • 281-652-1600 • www.ci.pearland.tc.us
* Printed on Recycled Paper