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Ord. 1001 01-08-01ORDINANCE NO. 1001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 19 OF 3.6197 ACRES OF LAND; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO REGULATE THE LIMITS AND BOUNDARIES OF EXISTING MUNICIPAL UTILITY DISTRICTS INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. WHEREAS, Brazoria County Municipal Utility District No. 19 ("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. 876 dated October 12, 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. 19" (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 3.6 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. 1 ORDINANCE NO. 1001 Pearland Code of Ordinances. 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. Section 5. Declaration of Emergency. The Council finds and determines that the need to regulate the limits and boundaries of Municipal Utility Districts inures to the benefit of the traveling public and, therefore, bears directly upon the health, safety and welfare of the citizenry; and that this Ordinance shall be adopted as an emergency measure, and that the rule requiring this Ordinance to be read on two (2) separate occasions be, and the same is hereby waived. PASSED and APPROVED on First and Only Reading this the 8 day of January , A. D., 2001. ATTEST: I Y S CRETAR APPROVED AS TO FORM: (ia 4,L DARRIN M. COKER CITY ATTORNEY 2 DEC 27'00 16:03 FR 713 758 2346 TO 92816521679 P.02 LOT 3. METES AND BOUNDS DESCRIPTION OF A 0.9125 ACRE TRACT H.T.& B. R.R. CO. SURVEY, SECTION 85 ABSTRACT NO. 304 BRAZORIA COUNTY, TEXAS A PARCEL OF LAND CONTAINING 0.9125 OF AN ACRE (39,750 SQUARE FEET) MORE OR LESS BEING LOT 3, BROADWAY WEST, AS RECORDED IN VOLUME 20, PAGES 307 AND 308, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS, SAID 0.9125 ACRE TRACT BEING SITUATED IN THE H.T.&B. R.R. CO. SURVEY, SECTION 85, ABSTRACT NO. 304 IN BRAZORIA COUNTY. TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A FOUND 5/8 INCH IRON ROD IN THE NORTH LINE OF F.M. 518 (120-FOOT RIGHT-OF-WAY), FOR THE SOUTHEAST CORNER OF THE REMAINDER OF THAT CERTAIN TRACT 2, CONVEYED FROM HARRY ARGOVITZ AND ROSE ARGOVITZ TO ARGOVITZ INTERESTS. LTD., AS RECORDED IN FILE NO. 95-038845, OFFICIAL RECORDS OF BRAZORIA COUNTY, TEXAS, SAME BEING THE SOUTHWEST CORNER OF LOT 1, OF SAID BROADWAY WEST; THENCE, N 86° 27' 18" E, WITH THE SAID NORTH LINE OF F.M.518, SAME BEING A SOUTH LINE OF SAID LOT 1, AT A DISTANCE OF 100.00 FEET PASS A FOUND 5/8 INCH IRON ROD FOR THE MOST EASTERLY SOUTH CORNER OF SAID LOT 1, SAME BEING THE SOUTHWEST CORNER OF LOT 2, OF SAID BROADWAY WEST AND WITH THE SOUTH LINE OF SAID LOT 2, A TOTAL DISTANCE OF 250.00 FEET, TO A FOUND 5/8 INCH IRON ROD, FOR THE SOUTHEAST CORNER OF SAID LOT 2 SAME BEING THE SOUTHWEST CORNER OF SAID LOT 3, AND THE POINT OF BEGINNING; THENCE, N 03° 19' 47" W, WITH THE COMMON LINE OF SAID LOT 2 AND SAID LOT 3, A DISTANCE OF 265.00 FEET TO A FOUND 5/8 INCH IRON ROD, IN THE SOUTH UNE OF SAID LOT 1, FOR THE NORTHEAST CORNER OF SAID LOT 2, SAME BEING THE NORTHWEST CORNER OF SAID LOT 3; THENCE, N 86° 2T 18" E, WITH THE COMMON LINE OF SAID LOT 1 AND SAID LOT 3, A DISTANCE OF 150.00 FEET. TO A FOUND 5/8 INCH IRON ROD, FOR THE NORTHWEST CORNER OF LOT 4, OF SAID BROADWAY WEST, SAME BEING THE NORTHEAST CORNER OF SAID LOT 3; THENCE, S 03° 19' 47" E, WITH THE COMMON LINE OF SAID LOT 3 AND SAID LOT 4. A DISTANCE OF 265.00 FEET TO A FOUND 5/8 INCH IRON ROD IN THE SAID NORTH UNE OF F.M. 518, FOR THE SOUTHWEST CORNER OF SAID LOT 4, SAME BEING THE SOUTHEAST CORNER OF SAID LOT 3: THENCE, S 86` 27' 18" W, WITH THE SAID NORTH LINE OF F.M. 518, SAME BEING THE SOUTH LINE OF SAID LOT 3, A DISTANCE OF 150.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.9125 OF AN ACRE (39,750 SQUARE FEET) OF LAND MORE OR LESS. CLIFTON SEWARD, R.P.L.S. #4337 THIS DESCRIPTION IS BASED ON A SURVEY PERFORMED BY CIVIL-SURV LAND SURVEYING, L.C. DURING JUNE 1999 AND OCTOBER 2000. W'1Docs\CivilsuA1998198Q57\98O57-FN, LOT 3.30C DEC 27'00 16:04 FR 713 758 2346 TO 92816521679 P.03 LOT4. METES AND BOUNDS DESCRIPTION OF A 0.9125 ACRE TRACT H.T.& B. R.R. CO. SURVEY SECTION 85 ABSTRACT NO. 304 BRAZORIA COUNTY, TEXAS A PARCEL OF LAND CONTAINING 0.9125 OF AN ACRE (39,750 SQUARE FEET) MORE OR LESS BEING LOT 4, BROADWAY WEST, AS RECORDED IN VOLUME 20, PAGES 307 AND 308, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS, SAID 0.9125 ACRE TRACT BEING SITUATED IN THE H.T.&B, R.R. CO. SURVEY SECTION 85, ABSTRACT NO. 304 IN BRAZORIA COUNTY, TEXAS, AND BEING MORE PARTICUtARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A FOUND 5/8 INCH IRON ROD IN THE NORTH LINE OF F.M. 518 (120-FOOT RIGHT- OF-WAY), FOR THE SOUTHEAST CORNER OF THE REMAINDER OF THAT CERTAIN TRACT 2, CONVEYED FROM HARRY ARGOVITZ AND ROSE ARGOVITZ TO ARGOVITZ INTERESTS, LTD., AS RECORDED IN FILE NO. 95-038845, OFFICIAL RECORDS OF BRAZORIA COUNTY, TEXAS, SAME BEING THE SOUTHWEST CORNER OF LOT 1, OF SAID BROADWAY WEST; THENCE, N 86' 27' 18" E, WITH THE SAID NORTH LINE OF F.M.518, SAME BEING A SOUTH LINE OF SAID LOT 1, AT A DISTANCE OF 100.00 FEET PASS A FOUND 5/8 INCH IRON ROD FOR THE MOST EASTERLY SOUTH CORNER OF SAID LOT 1, SAME BEING THE SOUTHWEST CORNER OF LOT 2,OF SAID BROADWAY WEST AND WITH THE SOUTH LINE OF SAID LOT 2, AT A DISTANCE OF 250.00 FEET PASS A FOUND 5 /8 INCH IRON ROD FOR THE SOUTHWEST, CORNER OF LOT 3, OF SAID BROADWAY WEST SAME BEING THE SOUTHEAST CORNER OF SAID LOT 2, AND WITH THE SOUTH LINE OF SAID LOT 3, A TOTAL DISTANCE OF 400.00 FEET TO A FOUND 5 /8 INCH ROD FOR THE SOUTHEAST CORNER OF SAID LOT 3, SAME BEING THE SOUTHWEST CORNER OF SAID LOT 4, AND THE POINT OF BEGINNING; THENCE. N 03° 19' 47" W, WITH THE COMMON LINE OF SAID LOT 3 AND SAID LOT 4. A DISTANCE OF 265.00 FEET TO A FOUND 5/8 INCH IRON ROD, IN THE SOUTH LINE OF SAID LOT 1, FOR THE NORTHEAST CORNER OF SAID LOT 3, SAME BEING THE NORTHWEST CORNER OF SAID LOT 4; THENCE, N 86° 2T 18" E, WITH THE COMMON UNE OF SAID LOT 1 AND SAID LOT 4, A DISTANCE OF 150.00 FEET TO A FOUND 5/8 INCH IRON ROD, FOR THE NORTHWEST CORNER OF LOT 5, OF SAID BROADWAY WEST, SAME BEING THE NORTHEAST CORNER OF SAID LOT 4; THENCE, S 03° 19' 47" E. WITH THE COMMON LINE OF SAID LOT 4 AND SAID LOT 5, A DISTANCE OF 265.00 FEET TO A FOUND 5/8 INCH IRON ROD IN THE SAID NORTH LINE OF F.M. 518, FOR THE SOUTHWEST CORNER OF SAID LOT 5, SAME BEING THE SOUTHEAST CORNER OF SAID LOT 4; THENCE, S 86° 2T 18" W, WITH THE SAID NORTH UNE OF F.M. 518, SAME BEING THE SOUTH LINE OF SAID LOT 4, A DISTANCE OF 150.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.9125 OF AN ACRE (39,750 SQUARE FEET) OF LAND MORE OR LESS. CLIFI"ON SEWARD, R.P.L.S. #4337 THIS DESCRIPTION IS BASED ON A SURVEY PERFORMED BY CIVIL-SURV LAND SURVEYING, L.C. DURING JUNE 1999 AND OCTOBER 2000. W:\DooslCivitaurt1998\98057 980d7-FN,LOT4.doc DEC 27'00 16:04 FR 713.758 2346 TO 92816521679 P.04 LOTS 5 & 6 METES AND BOUNDS DESCRIPTION OF A 1.7947 ACRE TRACT H. T.& B. R.R. CO. SURVEY, SECTION 85 ABSTRACT NO. 304 BRAZORIA COUNTY, TEXAS A PARCEL OF LAND CONTAINING 1.7947 ACRES (78, 177 SQUARE FEET) MORE OR LESS, BEING LOT 5 AND LOT 6 BROADWAY WEST, AS RECORDED IN VOLUME 20, PAGE 307-308, PLAT RECORDS BRAZORIA COUNTY, TEXAS, SAID 1.7947 ACRE TRACT BEING SITUATED IN THE H.T.& B. R.R. CO. SURVEY, SECTION 85, ABSTRACT NO. 304, IN BRAZORIA COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A FOUND 5/8 INCH IRON ROD IN THE NORTH LINE OF F.M. 518, (120 FOOT RIGHT- OF-WAY) SAME BEING IN THE WEST LINE OF WOOTEN ROAD (RIGHT-OF-WAY VARIES), FOR THE SOUTHEAST CORNER OF SAID LOT 6; THENCE, S 86° 27' 18" W, WITH THE SAID NORTH LINE OF F.M. 518, SAME BEING THE SOUTH LINE OF' SAID LOT 6, AT A DISTANCE OF 145.00 FEET PASS THE SOUTHEAST CORNER OF SAID LOT 5, SAME BEING THE SOUTHWEST CORNER OF SAID LOT 6, AND WITH THE SOUTH LINE OF SAID LOT 5, A TOTAL DISTANCE OF 295.00 FEET TO A FOUND 5/8 INCH IRON ROD FOR THE SOUTHEAST CORNER OF LOT 4, OF SAID BROADWAY WEST, SAME BEING THE SOUTHWEST CORNER OF SAID LOT 5; THENCE, N 03° 19' 47" W, WITH THE EAST UNE OF SAID LOT 4, SAME BEING THE WEST LINE OF SAID LOT 5, A DISTANCE OF 265.00 FEET TO A FOUND 5/8 INCH IRON ROD IN THE SOUTH LINE OF LOT 1, OF SAID BROADWAY WEST, FOR THE NORTHEAST CORNER OF SAID LOT 4, SAME BEING THE NORTHWEST CORNER OF SAID LOT 5: THENCE. N 86° 27' 18" E, WITH THE SAID SOUTH UNE OF LOT 1, SAME BEING THE NORTH LINE OF SAID LOT 5, AT A DISTANCE OF 150.00 FEET PASS THE NORTHEAST CORNER OF SAID LOT 5, SAME BEING THE NORTHWEST CORNER OF SAID LOT 6, AND WITH THE NORTH LINE OF SAID LOT 6, A TOTAL DISTANCE OF 295.02 FEET TO A FOUND 5/8 INCH IRON ROD IN THE SAID WEST LINE OF WOOTEN ROAD, FOR THE SOUTHEAST CORNER OF SAID LOT 1, SAME BEING THE NORTHEAST CORNER OF SAID LOT 6; THENCE, S 03° 19' 30" E, WITH THE SAID WEST LINE OF WOOTEN ROAD, SAME BEING THE EAST UNE OF SAID LOT 6, A DISTANCE OF 265.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 1.7947 ACRES (78,177 SQUARE FEET) OF LAND MORE OR LESS, k,S(-tlt(2_ //, /aroo CLIFTON SEWARD, R.P L.S. #4337 THIS DESCRIPTION IS BASED ON A SURVEY PERFORMED BY CIVIL-SURV LAND SURVEYING, L.0 DURING JUNE 1999 AND OCTOBER 2000. W;roorszCM, s 200o‘00086‘0008G-FN.doc + TOTAL PAGE.004 **