Loading...
HomeMy WebLinkAboutResolution No. 2013-17 RESOLUTION NO. R2013-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, CONSENTING TO THE ADDITION OF LAND TO WEST RANCH MANAGEMENT DISTRICT. WHEREAS, in Resolution No. R2007-07, the City of Friendswood consented to the creation of the West Ranch Management District (the "District"), a municipal management district created by an Act of the 79a'Legislature (S13 1806) in 2005; and WHEREAS, the City has received petitions for consent to annex approximately 24 acres of land into the District, and Section 54.016 of the Texas Water Code provides that land within a city may not be included within a district without such city's consent, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,TEXAS: Section 1. The City Council of the City hereby grants its written consent to the addition to WEST RANCH MANAGEMENT DISTRICT of land, as described and subject to the terms and conditions contained in the petitions attached hereto as Exhibit A, and further subject to the consent conditions attached to the petitions as Exhibit B. Section 2. It is hereby found, determined and declared that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 311, Texas Government Code, and that this meeting has been open to the pubic as required by law at all times during which this Resolution and the subject matter thereof has been discussed, considered and formally acted upon. City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Resolution shall take effect immediately upon its first and final reading and the passage and approval. PASSED,APPROVED,AND RESOLVED this 9TH day of September,2013. Kevin M. Holy, nd Mayor ATTEST: ....... Melinda Welsh, TRMC City Secretary F0. . 82013-17 2 Exhibit A The Petitions 82013-17 3 R2013-17 Exhibit A PETITION FOR CITY CONSENT TO ANNEX LAND INTO WEST RANCH MANAGEMENT DISTRICT THE STATE OF TEXAS § COUNTY OF GALVESTON § TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS: The undersigned, WEST RANCH MANAGEMENT DISTRICT, a political subdivision of the State of Texas (the "Petitioner') acting pursuant to the provisions of Chapter 49, Texas Water Code, particularly Section 49.301 of that Code, together with all amendments and additions thereto, respectfully petition the City Council of the . CITY OF FRIENDSWOOD, TEXAS (the "City"), for its written consent to the annexation by the Petitioner of the two tracts of land in Galveston County, Texas, containing a net 4.6802 acres described in Exhibit A, which is attached hereto and incorporated herein for all purposes (the "Land"). In support of this petition, the undersigned would show the following: I. The Petitioner is a management district duly created under the laws of the State of Texas on June 17, 2005. The Petitioner was created and organized under the terms and provisions of Article XVI, Section 59, of the Constitution of Texas, and is governed by the provisions of Chapters 49 and 54, Texas Water Code and Chapter 3837, Texas Special District Local Laws Code. II. The Petitioner holds fee simple title to the Land, as indicated by the certificates of ownership provided by the Galveston Central Appraisal District. The Petitioner represents that there are no lienholders on the Land. III. The Land is situated wholly within Galveston County, Texas. All of the Land is within the corporate limits the City. All of the Land may properly be annexed into the Petitioner. 277986.do IV. The general nature of the work to be done within the Land is the construction, acquisition, maintenance and operation of a waterworks and sanitary sewer system, a drainage and storm sewer system, park and recreational facilities and road facilities. V. There is,for the following reasons, a necessity for the above-described work. The Land, which will be developed for commercial and/or residential purposes, is urban in nature,is within the growing environs of the City, is in close proximity to populous and developed sections of Galveston County, and within the immediate future will experience a substantial and sustained residential and commercial growth. There is not now available within the Land an adequate waterworks and sanitary sewer system, an adequate drainage system; or adequate park and recreational and road facilities and it is not presently economically feasible for the Land to provide for such systems and facilities itself. Because the health and welfare of the present and future inhabitants of the Land and of lands adjacent thereto require the construction, acquisition, maintenance and operation of an adequate waterworks and sanitary sewer system, a drainage and storm sewer system, park and recreational facilities and road facilities, a public necessity exists for the annexation of the Land into the Petitioner, to provide for the purchase, construction, extension, improvement,maintenance and operation of such waterworks and sanitary sewer system, such drainage and storm sewer system, such park and recreational facilities and such road facilities, so as to promote the purity and sanitary condition of the State's waters and the public health and welfare of the community. VI. The undersigned estimate, from such information as they have at this time, that the cost of extending the Petitioner's facilities to serve the Land will not exceed the taxes to be levied by the Petitioner on the Land. VII. The Petitioner agrees and hereby covenants that if the requested consent to the annexation of the Land to the Petitioner is given, the Petitioner will adopt and abide by the conditions set forth in Exhibit B, attached hereto and incorporated herein for all purposes. WHEREFORE, the undersigned respectfully pray that this petition be heard and granted in all respects and that the City give its written consent to the annexation of the Land into the Petitioner. [EXECUTION PAGES FOLLOW] 277986.d� -2- RESPECTFULLY SUBMITTED this 3 day of 3A 2013. WEST RANCH MANAGEMENT DISTRICT n»slH� By. W"� aPtiAGF,aF�,a Brian Gibson President,Board of Directors s a'a? � (S THE STATE OF TEXAS § COUNTY OF HARRIS § r6 This This instrument was acknowledged before me on this day of , A\ 2013, by Brian Gibson, as President of the Board of Directors of West RJnch Management District, a political subdivision of the State of Texas, on behalf of said political subdivision. (NOTARY ,co:t MICHELLE J0Y BRYAN Notary Public,State of Texas .rya My Commission Expires " f;rb�� July 16, 21'1 Notary Public, State Ted as Attachments: Exhibit A: Description of the Land Exhibit B: Conditions of City 277986.da -3- EXHIBIT A To Petition for City Consent of West Ranch Management District TRACT Lot 51 of the Slone Subdivision, as recorded in Vol. 3, Page 61A (Volume 254A, Page 53), Map Records of Galveston County, Texas, SAVE AND EXCEPT the 1.309 acre tract described in deed to the City of Friendswood, Texas, recorded in the Official Public Records of Galveston County, Texas, under Galveston County Clerk's File No. 2009018217. TRACT 2 Being a 0.9892-acre tract of land situated in the John Dickinson Survey, Abstract No. 9, City of Friendswood, Galveston County, Texas, being out of Lot 52 of Slone Subdivision and being more particularly described by metes and bounds on the following two pages. 277986.da WEST RANCH EXHIBIT A NOVEMBER 5, 2008 SWAP TRACT JOB. NO WRMD 86-50 0.9892 ACRE DESCRIPTION OF A 0.9892-ACRE TRACT OF LAND SITUATED IN THE JOHN DICKINSON SURVEY, A-9 CITY OF FRIENDSWOOD GALVESTON COUNTY, TEXAS BEING a 0.9892-acre tract of land situated in the John Dickinson Survey,Abstract No. 9,City of Friendswood,Galveston County,Texas, being out of Lot 52 of Slone Subdivision originally recorded in Volume 254-A,Page 6 of the Galveston County Map Records and transferred to Volume 3, Page 61A of the Galveston County Map Records,being out of a 4.00-acre tract of land,which is out of said Lot 52,and described in a deed recorded at Galveston County Clerk's File No.2000039884, said 0.9892-acre tract being more particularly described by metes and bounds as follows: BEGINNING at a 5/8-inch iron rod with a Brown&Gay cap found for the northwest corner of said Lot 52, for the northeast corner of Lot 51 of said Slone Subdivision and being in the southerly line of a 30-foot wide roadway as delineated on said plat of the Slone Subdivision; THENCE S 66 047'00"E, 14.00 feet along the northerly line of said Lot 52 and along the southerly line of said 30-foot wide roadway to a 5/8-inch iron rod with a Brown&Gay cap found for the northwest corner of a 1.000-acre tract of land described in a deed recorded at Galveston County Clerk's File No.2005016290; THENCE S 23013'00"W,along the westerly line of the last said 1.000-acre tract,at a distance of 236.85 feet passing a 5/8-inch iron rod with a Brown& Gay cap set for the southwest corner of the last said 1.000-acre tract,continuing a total distance of 599.83 feet to a 5/8-inch iron rod with a Brown& Gay cap set for the point of curvature of a curve to the left; THENCE in a southwesterly direction, 153.92 feet along the arc of said curve to the left having a radius of 325.00 feet, a central angle of 27°08'08"and a chord which bears S09 038'56"W, 152.49 feet to a 5/8-inch iron rod with a Brown& Gay cap set for a point of reverse curvature; THENCE in a southwesterly direction, 73.03 feet along the are of a curve to the right having a radius of 475.00 feet, a central angle of 08°48'35"and a chord which bears S00°29'10"W, 72.96 feet to a 5/8-inch iron rod with a Brown &Gay cap set for a corner; THENCE S 66 047'00"E, 156.03 feet to a 518-inch iron rod with a Brown&Gay cap set for a corner and being in the easterly line of said Lot 52; THENCE S 23013'00"W, 112.86 feet along the easterly line of said Lot 52 and along the westerly line of Lot 53 of said Slone Subdivision to a 5/8-inch iron rod with a Brown& Gay cap set for corner in the south line of a called 4 acre tract of land described in an instrument filed for record under Galveston County Clerk's File Number 2000039884 and from which a 3/4-inch iron rod found for the called northeast corner a 19.6805-acre tract of land described as Tract III in a deed recorded at Galveston County Clerk's File Number 9441874, bears S 23°58' W, 2.9 feet,a found 5/8-inch iron rod bears S 57°25'35"E, 0.58 feet and a found 1/2-iron rod with a cap stamped"RPLS 1445" bears S 67°01'39" E,3.95 feet; THENCE N 67°01'39" W, 234.00 feet along the south line of said called 4 acre tract to a 5/8-inch iron rod with a cap stamped "Brown&Gay"set for corner in the west line of said Lot 52, and WEST RANCH SWAP TRACT 0.9892 ACRE Page 2 of 2 from which a found 112-inch iron rod bears N 10°08'50"E, 0.76 feet and a found 5/8-inch iron rod with a cap stamped"Brown&Gay"found for the southwest corner of said Lot 52 bears S 23-13'00" W, 1.55 feet, same being in the northerly line of said 19.6805-acre tract and being the common corner of Lots 51, 52,72 and 73 of said Slone Subdivision; THENCE N 23013'00"E, 929.21 feet along the common line of said Lots 51 and 52 to the POINT OF BEGINNING and containing 0.9892 acre of land. Bearing orientation is based on the Texas State Plane Coordinate System, South Central Zone, NAD-83 established by GPS observations with a bearing and distance of N 41'43'46"E, 1 118.80 feet along the west line of the Slone Subdivision,originally recorded in Volume 254-A, Page 6 of the Galveston County Map Records and transferred to Volume 3, Page 61A of the Galveston County Map Records,said west line being monumented on the south by a 2-inch iron pipe found for corner at the intersection of the west line of said John Dickinson League, Abstract 9 with the south corner of the Sarah McKissick Survey,Abstract 151 and the most easterly north corner of the Mary Fabreau Survey, Abstract 69 being an angle point the west line of Lot 108 of said Slone Subdivision, same also being the south corner of a 50-foot wide strip of land dedicated to the City of Friendswood for roadway purposes as shown on the plat of Falcon Ridge Section Three, a subdivision plat filed for record under Volume 18,Page 282 of the Galveston County Map Records and monumented on the north by a 5/8-inch iron rod found for corner and being the southwest corner of a called 61.3567 acres described in a deed recorded under Clerk's File Number 9441874 of the Official Public Records of Real Property of Galveston County, Texas. A survey titled"BOUNDARY SURVEY OF 0.9892 ACRES OF LAND OUT OF LOT 52 OF THE SLONE SUBDIVISION,VOLUME 254A,PAGE 6, G.C.M.R. CITY OF FRIENDSWOOD,GALVESTON COUNTY,TEXAS"has been prepared in conjunction with this metes and bounds description. 0 Alan M. McLain RPLS No. 4511 Brown&Gay Engineers, Inc. 10777 Westheimer Road, Suite 400 Houston,Texas 77042 Telephone:(281) 558-8700 City of Friendswood Exhibit B Conditions to Consent (a) The District may issue bonds, including refunding bonds, for any purposes authorized by law, including but not limited to, purchasing, refinancing, designing and constructing, or otherwise acquiring waterworks systems, sanitary sewer systems, storm sewer systems, drainage and detention facilities, parks and recreational facilities, or parts of such systems or facilities, and to make any and all necessary purchases, constructions, improvements, extensions, additions, and repairs thereto, and to purchase or acquire all necessary land, right-of-way, easements, sites, equipment, buildings, plants, structures, and facilities therefor, and to operate and maintain same, and to sell water, sanitary sewer, and other services within or without the boundaries of the District. Such bonds must provide that the District reserves the right to redeem said bonds on any date subsequent to the 15th anniversary of the date of issuance (or any earlier date at the discretion of the District) without premium, and none of such bonds, other than refunding bonds, will be sold for less than 95 percent of par; provided that the net effective interest rate on bonds so sold, taking into account any discount or premium as well as the interest rate borne by such bonds, will not exceed two percent above the highest average interest rate reported by the Daily Bond Buyer in its weekly "20 Bond Index" during the one-month period next preceding the date of the sale of such bonds. The resolution authorizing the issuance of the District's bonds will contain a provision that the pledge of any revenues from the operation of the District's water and sewer and/or drainage system to the payment of the District's bonds will terminate when and if the City dissolves the District, takes over the assets of the District, and assumes all of the obligations of the District. (b) The District will not sell any bonds unless the District's financial advisor certifies that the District can reasonably be expected to provide for the District's debt service requirements, including the bonds proposed to be issued, with the levy of a debt service tax of no more than $0.0.65 per $100 of taxable valuation, provided that this limitation shall not preclude the District from issuing unlimited tax bonds in accordance with applicable law. (c) Before the commencement of any construction within the District, its directors, officers, or developers and landowners will submit to the City, or to its designated representative, all plans and specifications for the construction of water, sanitary sewer, drainage and detention facilities to serve the District and obtain the approval of such plans and specifications therefrom. All water wells, water meters, flushing valves, valves, pipes, and appurtenances thereto, installed or used within the District,will conform to the specifications of the City. All water service lines and sewer 277986.doc service lines, lift stations, and appurtenances thereto, installed or used within the District will comply with the City's standard plans and specifications as amended from time to time. Prior to the construction of such facilities within or by the District, the District or its engineer will give written notice by registered or certified mail to the City, stating the date that such construction will be commenced. The construction of such facilities will be in accordance with the approved plans and specifications and with applicable standards and specifications of the City; and during the progress of the construction and installation of such facilities, the City may make periodic on-the- ground inspections. (d) The District, its board of directors, officers, developers, and/or landowners will not permit the construction, or commit to any development within the District, that will result in a wastewater flow to the serving treatment facility which exceeds that facility's legally permitted average daily flow limitations or the District's allocated capacity therein. (e) Prior to the sale of any lot or parcel of land, the owner or the developer of the land included within the limits of the District will obtain the approval of the appropriate officials of the City of a plat which will be duly recorded in the Official Records of Galveston County, Texas, as applicable, and otherwise comply with the rules and regulations of the City. 277986.do CERTIFICATE THE STATE OF TEXAS § COUNTIES OF GALVESTON AND HARRIS § I, the undersigned Director of West Ranch Management District, do hereby certify that the attached and foregoing is a true and correct copy of the Petition For Consent To Annex Land Into West Ranch Management District that was filed with the Board of Directors of the District on /�\� 2013. rc{ WITNESS MY HAND AND SEAL OF SAID DISTRICT this day of 2013. WEST RANCH MANAGEMENT DISTRICT �xxx� r �= Board of Directors use S tis (SEAL) �}�� ��� 277986.doc PETITION FOR CITY CONSENT TO ANNEX LAND INTO WEST RANCH MANAGEMENT DISTRICT THE STATE OF TEXAS § a § COUNTY OF GALVESTON § TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS: The undersigned, WEST RANCH MANAGEMENT DISTRICT, a political subdivision of the State of Texas (the "District"), and HIGHLAND HOMES-- HOUSTON, LTD., a Texas limited partnership; AUTUMN .CREEK DEVELOPMENT, LTD., a Texas limited partnership; LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION, LTD., a Texas limited partnership; and PARTNERS IN BUILDING, L.P., a Texas limited partnership (collectively, the "Petitioners") acting pursuant to the provisions of Chapter 49, Texas Water Code, particularly Section 49.301 of that Code, together with all amendments and additions thereto, respectfully petition the City Council of the CITY OF FRIENDSWOOD, TEXAS (the "City"),for its written consent to the annexation by the District of those three certain tracts of land located in Galveston County, Texas, containing approximately 13.7317 acres, and described Exhibit A attached hereto. In support of this petition,the undersigned would show the following: I. The District is a management district duly created under the laws of the State of Texas on June 17, 2005. The District was created and organized under the terms and provisions of Article XVI, Section 59, of the Constitution of Texas, and is governed by the provisions of Chapters 49 and 54, Texas Water Code and Chapter 3837, Texas Special District Local Laws Code. IL The Petitioners hold fee simple title to the Land, as indicated by the certificates of ownership provided by the Galveston Central Appraisal District. III. The Land is situated wholly within Galveston County, Texas. All of the Land is within the corporate limits the City. All of the Land may properly be annexed into the District. 280464 IV. The general nature of the work to be done within the Land is the construction, acquisition, maintenance and operation of a waterworks and sanitary sewer system, a drainage and storm sewer system, park and recreational facilities and road facilities. V. There is,for the following reasons,a necessity for the above-described work. The Land, which will be developed for commercial and/or residential purposes, is urban in nature, is within the growing environs of the City,is in close proximity to populous and developed sections of Galveston County, and within the immediate future will experience a substantial and sustained residential and commercial growth. There is not now available within the Land an adequate waterworks and sanitary sewer system, an adequate drainage system, or adequate park and recreational and road facilities and it is not presently economically feasible for the Land to provide for such systems' and facilities itself. Because the health and welfare of the present and future inhabitants of the Land and of lands adjacent thereto require the construction, acquisition, maintenance and operation of an adequate waterworks and sanitary sewer system, a drainage and storm sewer system, park and recreational facilities and road facilities, a public necessity exists for the annexation of the Land into the District, to provide for the purchase, construction, extension, improvement, maintenance and operation of such waterworks and sanitary sewer system, such drainage and storm sewer system, such park and recreational facilities and such road facilities, so as to promote the purity and sanitary condition of the States waters and the public health and welfare of the community. VI. The undersigned estimate, from such information as they have at this time, that the cost of extending the District's facilities to serve the Land will not exceed the taxes to be levied by the District on the Land. VII. The Petitioners and the District agree and hereby covenant that if the requested consent to the annexation of the Land to the District is given, the Petitioners and the District will adopt and abide by the conditions set forth in Exhibit B, attached hereto and incorporated herein for all purposes. WHEREFORE, the undersigned respectfully pray that this petition be heard and granted in all respects and that the City give its written consent to the annexation of the Land into the District. 280464 -2- [EXECUTION PAGES FOLLOW] 280464 - -3- RESPECTFULLY SUBMITTED this� day of (i1 l 2013. WEST RANCH MANAGEMENT DISTRICT By: W Brian Gibson President,Board of Directors (SEAL) + 12 THE STATE OF TEXAS § � a� § COUNTY OF HARRIS § This instrument was acknowledged before me on this day of 2013, by Brian Gibson, as President of the Board of Directors of West Ranch anagement District, a political subdivision of the State of Texas, on behalf of said political subdivision. (NOTARY SEAL) & a Notary Public, State f Te as MICHELLE JOY BRYAN i Notary Public,State of Texas My Commission Expires "'•%„',;;,\� July 16, 2014 280464.doc -4- HIGHLAND HOMES—HOUSTON,LTD.,a Texas limited partnership By: Highland Homes—Houston GP, Inc.,a Texas corporation,its General Partner 4� Name: Title: !SiS�CXI� Q` THE STATE OF TEXAS § COUNTY OF t S § ,ju1 is instrument was acknowledge before me on this Vhday of 2013, by 1 Q (iiC.S F� SSiS °rrl �r� of Highland Homes—Houston GP, Inc., a Texas corporation, General Partner of HIGHLAND HOMES—HOUSTON, LTD., a Texas limited partnership, on behalf of sai mrporation and said limited partnership. ;�q�•"•"°j M. K. VASQUEZ Notary Public,State of Texas , My Commission Expires AJ �f October 31, 2014 (NOTARY SEAL) Notary Public,State of — - 280464 _5_ AUTUMN CREEK DEVELOPMENT,LTD., a Texas limited partnership By: LENNAR TEXAS HOLDING :COMPANY,a Texas corporation, its General Partner Hammond Vice President THE STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me on this P day of 2013, by John W. Hammond, Vice President of Lennar Texas Holdmg dompany, a Texas corporation, as General Partner of AUTUMN CREEK DEVELOPMENT, LTD., a Texas limited partnership, on behalf of said corporation and said limited partnership. L r��ea• �tUS Notary Public,State of Texas (NOTARY SEAL) ° COLLEEN N HALAMICEK My Commission Expires January 6,2016 280464 -6- LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION,LTD., a Texas limited partnership By: Lennar Texas Holding Company, a Texas corporation,its General Partner / and Vice President THE STATE OF TEXAS § § COUNTY OF HARRIS § I This instrument was acknowledged before me on this day of 2013, by John W. Hammond, as Vice President of Lennar Texas Hol ' g C' pany, a Texas corporation, as General Partner of LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION,LTD., a Texas limited partnership, on behalf of said corporation and said limited partnership. Notary Public,State of Texas (NOTARY SEAL) COLLEEN K NALAMiCEK My Commission Expires January S.2016 280464 -7- PARTNERS IN BUILDING,L.P.,a Texas limited partnership By: Norwood Homes,Inc.,a Texas corporation, its General Partner By_ Name: Title: THE STATE OF TEXAS § COUNTY OF NAaaiS § This instrument was acknowledged before me Qn this 7A day of �1Wt 2013, by LeM a M6'a�uv U�rtG Reyi tvoid of Norwood Homes, Inc., a Texas corporation, General Partner of PARTNERS IN BUILDING, L.R., a Texas limited partnership, on behalf of said corporation and said limited partnership. o;�S'?1;�, ARTURO VASQUEZ JR Notary Public,State of Texas •�,` My Commission Expires r'%;;;;:�° April 19, 2015 Not Public,St of T (NOTARY Attachments: Exhibit A: Description of the Land Exhibit B: Conditions of the City 280464 -8- Exhibit A Tract 1: Partial Replat of SLONE SUBDIVISION, a subdivision in Galveston County, Texas, as recorded in Volume 17,Page 88,County Map Records of Galveston County,Texas, SAVE AND EXCEPT Block 2,Lots 3, 7, 8, and 28 of Final Plat of WEST RANCH LAKESIDE SECTION ONE, a subdivision in Galveston County, Texas, as filed under Clerk's File No. 2011032404, and recorded in Volume 2011A, Page 50 of the Map Records of Galveston County, Texas, being a partial re-subdivision of a portion of Lots 117 and 118 of said Partial Replat of Slone Subdivision; Tract 2: Lot 103 of the SLONE SUBDIVISION, a subdivision in Galveston County, Texas, as recorded in Vol. 3,Page 61A (Vol. 254A, Page 53) of the Map Records of Galveston County,Texas; and Tract 3: That certain 0.5377 acre tract of land described by metes and bounds attached to this Exhibit. 280464 - -9- EXHIBIT A WEST RANCH MANAGEMENT DISTRICT NOVEMBER 9,2010 50-FOOT WIDE TRACT JOB NO. 117-00 0.5377 ACRE PAGE I OF 2 DESCRIPTION OF A 0,5377 ACRE TRACT OF LAND SITUATED IN THE JOHN DICKINSON SURVEY,A-9 CITY OF FRIENDSWOOD GALVESTON COUNTY,TEXAS BEING a 0.5377 acre tract of land situated in the John Dickinson,Survey,Abstract No. 9, City of Friendswood,Galveston County,Texas,being part of the 50-foot wide Old Friondswaod Road north of and adjoining Lots 54 dun 56 as shown on the plat of the Slone Subdivision originally recorded in Volume 254-A,Page 6 of the Galveston County Map Records and transferred to Volume 3,Page 61 A of the Galveston County Map Records,said 05377 acre tract being more particularly described by metes and bounds as follows: COMMENCING at a 5/8-inch iron rod with a Brown&Gay cap found for the northwest.corner of Lot 53 and the northeast comer of Lot 52 of said Slone Subdivision and being:the most easterlymortheast comer of a 4.00 acre tract of land described in a deed recorded at Galveston County Clerk's File No.2600039884 and being in the southerly line.of said 50-foot wide Old Friendswood Read; THEN CBS CBS 6604700PE,216.38 feet along the southerly line of old Friendswood Road And alongtha.mortherly linevf said Lot.53 to a 518-inch iron rod with a Brown&Gay cap set lor,,.theasoutbwest corner of the herein described tract and being the POINT OF T.,14ENICE N.239 2'45"E,50.00 feet crossing.Old Friendswood Road to a 318•inch iron rod foundfor-,the soritheastcomerof a called 2,4367 acre.tract.describedand recorded under,G.C.C.F.No. 8409880and the southwest corner of a called 1.5678 acre tract of land described andzecorded underGalveston County Clerk's File No, (G.C.C.F.No.) 2008021030; THENCE S-66-4TOWE,464.30 feetalong the northerly line of said Old Friendswood Road to a:518-inch iron with a Brown&(Jay cap set for the northeast comer of the herein described tract; THENCE in a southwesterly direction,24.62 feet along the arc of a curve to the right having a radius of 25.00 feet,a central angle of 56025'15"and a chord which bears 8 08-03'45"W,23.64 feet to a 5/8-inch iron rod with a Brown&Gay cap set for a point of reverse curvature; THENCE in usouthwesterly direction,25.76 feet along the are of a curve to the left 8 34-55'52"NY,2536 feet to a 5/8 inch iron rod with a Brown&Gay cap set for the point of tangency; WEST RANCH MANAGEMENT DISTRICT 50-FOOT WIDE TRACT 0.5377 ACRE PAGE 2 OF 2 -THENCE S 33 035'21"W,2.00 feet to a 518-inch iron rod with a Brown&Gay cap set for the southeast corner of the herein described tract; THENCE N 66°47'00"W,464.88 feet along the northern line of a called 99.99 acre tract of land described and recorded under G.C.C.F.No,2008021030 and the southerly line of said,Old Friendswood Road to the POINT OF BEGINNING and containing 0.5377 of an acre of land. Bearing orientation is based on the Texas State Plane Coordinate System,South Central Zone,NAD83 and monumented on the ground as follows:Starting at a 3(4-inch iron rod found for the southeast comer of a 224.66-acre tract of land described in a deed recorded at Galveston County Clerk's File No.2005016293;Thence N 66'48'507'W, 1474.06 feet along a southerly line of said 224.66 acre tract and along the northerly right-of-way line of F.M. Road No. 518 to a found TxDOT monument with a brass disk- Is P 3 A13RY E:GFlAY3t31 .1y E r'aysort R.P No.5071 - 5071 t.... . Brown Gay Engineers,Inc. t-�"FSe<° 10777 Westheimer Road,Suite 400 N�dtlRk> Houston,Texas 77042 Telephone: (281)558-8700 R:ProjectalWest Ranch Management DistricA l 17-00\AdmW0 5377Mnl.doc City of Friendswood Exhibit B Conditions to Consent (a) The District may issue bonds, including refunding bonds, for any purposes authorized by law, including but not limited to, purchasing, refinancing, designing and constructing, or otherwise acquiring waterworks systems, sanitary sewer systems, storm sewer systems, drainage and detention facilities, parks and recreational facilities, or parts of such systems or facilities, and to make any and all necessary purchases, constructions,improvements, extensions, additions, and repairs thereto, and to purchase or acquire all necessary land, right-of-way, easements, sites, equipment, buildings, plants, structures, and facilities therefor, and to operate and maintain same, and to sell water,sanitary sewer, and other services within or without the boundaries of the District. Such bonds must provide that the District reserves the right to redeem said bonds on any date subsequent to the 15th anniversary of the date of issuance (or any earlier date at the discretion of the District) without premium, and none of such bonds, other than refunding bonds, will be sold for less than 95 percent of par; provided that the net effective interest rate on bonds so sold, taking into account any discount or premium as well as the interest rate borne by such bonds, will not exceed two percent above the highest average interest rate reported by the Daily Bond Buyer in its weekly "20 Bond Index" during the one-month period next preceding the date of the sale of such bonds. The resolution authorizing the issuance of the District's bonds will contain a provision that the pledge of any revenues from the operation of the District's water and sewer and/or drainage system to the payment of the District's bonds will teT*n;nate when and if the City dissolves the District, takes over the assets of the District, and assumes all of the obligations of the District. (b) The District will not sell any bonds unless the District's financial advisor certifies that the District can reasonably be expected to provide for the District's debt service requirements, including the bonds proposed to be issued,with the levy of a debt service tax of no more than $0.065 per $100 of taxable valuation; provided that this limitation shall not preclude the District from issuing unlimited tax bonds in accordance with applicable law. (c) Before the commencement of any construction within the District, its directors, officers, or developers and landowners will submit to the City, or to its designated representative, all plans and specifications for the construction of water, sanitary sewer, drainage and detention facilities to serve the District and obtain the approval of such plans and specifications therefrom. All water wells, water meters, flushing valves, valves, pipes, and appurtenances thereto, installed or used within the District,will conform to the specifications of the City. All water service lines and sewer 280464 service lines, lift stations, and appurtenances thereto, installed or used within the District will comply with the City s standard plans and specifications as amended from time to time. Prior to the construction of such facilities within or by the District, the District or its engineer will give written notice by registered or certified mail to the City, stating the date that such construction will be commenced. The construction of such facilities will be in accordance with the approved plans and specifications and with applicable standards and specifications of the City; and during the progress of the construction and installation of such facilities, the City may make periodic on-the- ground inspections. (d) The District, its board of directors, officers, developers, and/or landowners will not permit the construction, or commit to any development within the District, that will result in a wastewater flow to the serving treatment facility which exceeds that facility's legally permitted average daily flow limitations or the District's allocated capacity therein. (e) Prior to the sale of any lot or parcel of land, the owner or the developer of the land included within the limits of the District will obtain the approval of the appropriate officials of the City of a plat which will be duly recorded in the Official Records of Galveston County,Texas, as applicable, and otherwise comply with the rules and regulations of the City. 280464 CERTIFICATE THE STATE OF TEXAS § COUNTIES OF GALVESTON AND HARRIS § I, the undersigned Director of West Ranch Management District, do hereby certify that the attached and foregoing is a true and correct copy of the Petition For Consent To Annex Land Into West Ranch Management District that was filed with the Board of Directors of the District on JcA `\1 3 12013. r WITNESS MY HAND AND SEAL OF SAID DISTRICT this day of 2013. WEST RANCH MANAGEMENT DISTRICT �„nnnapyb �I , By: Board of Directors (SEAL) 3 S ~ �aMaapiM� 280464.aoc A\ � I / / I� /