City Council

 

Agenda Request

 

Agenda Of:

05/06/2008

Agenda Request No:

III A

 

Initiated By:

lisa kocich-meyer,

senior planner

 

Responsible Department:

planning

 

Presented By:

jim callaway, executive director

community development

Department Head:

sabine somers-kuenzel, aicp

director of planning

 

 

 

Additional Department. Head (s):

n/a

 

Subject / Proceeding:

limited purpose annexation for fort bend county municipal utility districts no. 106, 108, and 109 (greatwood community non-residential areas)

SECOND reading of ordinance no. 1680

 

Exhibits:

updated executive summary, provisions from spa; overall interim zoning map; Ordinance no. 1680 with maps, and metes and bounds

 

Clearances

Approval

 

Legal:

joe morris

City attorney

Executive Director:

 

jim callaway

community development

 

Purchasing:

n/a

Asst. City Manager:

n/a

 

Budget:

n/a

City Manager:

Allen Bogard/for AB

 

Budget

 

Expenditure Required:  $

n/a

 

Amount Budgeted/Reallocation:  $

n/a

 

Additional Appropriation:  $

n/a

 

Recommended Action

 

Approve Ordinance No. 1680 for the Limited Purpose Annexation of Fort Bend County MUD No. 106, 108, and 109.

 

Executive Summary

Updated:

 

On April 22, 2008, Council passed ordinance No. 1680 on First Consideration.  Council asked questions at that time regarding notice to property owners in the Limited Purpose Annexation area.  Specifically, Council questioned property owner notice with respect to the extension of City zoning and building regulations to the area.

 

Answer:

 

The City did not make specific notice to Greatwood property owners.  Notice issues are summarized below:

 

  • The Municipal Utility Districts (MUDs) negotiated on behalf of all District property owners to secure Limited Purpose Annexation and extension of zoning and building regulations.  The District Boards represented property owners as elected officials in this matter, holding their own public hearings on SPA issues prior to approving the SPAs.  The City has a contractual obligation to annex these properties for Limited Purposes and extend zoning and building regulations.  District property owners, through their representative property owners, requested this action. 
  • Typically, property owner notice is not given at the adoption of Temporary Zoning classifications.  Temporary Zoning is established at annexation, and remains temporary until statutory notice and public hearings are held on the question.  At that time property owners in and within 200 feet of the area subject to zoning decisions are notified.  Additionally, notice is published in the City’s official newspaper.
  • Following the Limited Purposes Annexation, we will notify all property owners within the annexed area.  This notice will advise them of the Limited Purpose annexation in accordance with the SPA, extension of the regulations and permit requirements as well as the Temporary Zoning classification assigned to their property.  We will also advise property owners of the rezoning application process and assist any owners wishing to seek a zone change.

 

Greatwood Districts provided notice of the SPA process and hearings through HOA news articles (3), postcards and agendas posted within each district.  Local media also published multiple articles on the subject.

 

This is the Second Reading of Ordinance No. 1680 for Limited Purpose annexation of property within Fort Bend County Municipal Utility Districts No. 106, 108, and 109 (Greatwood Community- Nonresidential properties), into the corporate limits.  This annexation for Limited Purposes under the Texas Local Government Code was outlined in the executed Strategic Partnership Agreement (SPA) between Fort Bend County MUDs No. 106, 108, and 109 and the City of Sugar Land.  This ordinance will also apply Planned Development (PD) zoning to the golf course and landscaped areas, Business Office (B-O) zoning to the office and service uses, and B-2 zoning to the retail uses.  This "Temporary" zoning given at annexation remains temporary until proper notice, hearings and a P&Z report to Council, followed by Council adoption of a rezoning ordinance. 

 

Public Hearings on the SPA were held at the City Council on October 2, 2007 and October 16, 2007 in accordance with the Texas Local Government Code.  No members of the public spoke at either hearing. 

 

A Workshop was held at the April 15, 2008 City Council meeting. 

 

According to the terms approved in the SPA, no additional public notice, public hearings or any other action other than the adoption of the ordinance is required. 

 

File No. 9591

Exhibits

 

 

PROVISIONS FROM THE STRATEGIC PARTNERSHIP AGREEMENT 11/7/07:

 

1.      Pre-annexation Services, including:

a.        Fire Protection Services:

                                                               i.      The Districts will pay for services under the current fire services agreement until 2/01/2016, at which point they will pay the full cost of service plus the 20% out of City service fee.

b.      Regional Utility Services:

                                                               i.      The City and The Districts agree to Cooperate on establishing regional utility services to the area of the City’s ETJ south of the Brazos River

c.       Police Services:

                                                               i.      The City and the Districts agree to use good faith efforts to negotiate an agreement to provide police services to Greatwood.

2.      Debt Reduction Fund:

a.       This fund accumulates all proceeds from the Out of City service fee paid by the Districts on municipal services, as well as an annual contribution from the City from the proceeds of sales tax collections from the Riverpark annexation.  The funds in this account will be used to defray the costs of annexing the districts.

3.      Limited Purpose Annexation:

a.       This provision provides that the commercial areas of the Greatwood Community will be annexed for the limited purposes of applying certain City ordinances to the area, including:  the City’s Sales & Use Tax, the City’s Building Regulations, and the City’s Zoning regulations.

4.      Full Purpose Annexation

a.       This provision provides that the Districts will be annexed simultaneously for full purposes no later than the date at which all of the Districts have paid off their outstanding debt.

5.      GRP Services:

a.       This provision provides the terms and conditions under which the City will include the Districts in its Groundwater Reduction Plan.

 

Strategic Partnership Agreement (SPA) providing for Limited Purpose annexation for property within Districts 106, 108, and 109 as described in “Exhibit F” of the executed SPA to include:

 

  • City will adopt an ordinance to annex certain property within Districts 106, 108, and 109 for limited purposes within 180 days of effective date of SPA.  No public notice, hearing, or other action other than the adoption of the ordinance is required.

 

  • City will regulate by ordinance the use of real property, including the use, construction, alteration, and maintenance of structures, buildings, and signs to the same extent the City regulates those matters by ordinance within the full-purpose corporate limits of the City (See attached Interim Zoning Map)

 

  • City will impose a Sales and Use Tax within the District in the ordinance annexing the District for limited purposes.  The Sales and Use Tax will be imposed on the receipts from the sale and use at retail of taxable items at the rate of two percent or the rate specified under future amendments to Chapter 321 of the Tax Code

 

  • During Limited Purpose annexation period, Districts assets, liabilities, indebtedness, and obligations will remain the responsibility of the District

 

Overall Interim Zoning Map for Fort Bend County MUD 106, 108, and 109 Limited Purpose Annexation-

 

 

Cc:   Lynn Humphries, Allen Boone Humphries and Robinson LLP

File No. P0009591

 

 

ORDINANCE NO. 1680

 

AN ORDINANCE OF THE CITY OF SUGAR LAND, TEXAS, ANNEXING PORTIONS OF FORT BEND COUNTY MUNICIPAL UTILITY DISTRICTS  106, 108, AND 109 FOR LIMITED PURPOSES AS PROVIDED FOR UNDER A STRATEGIC PARTNERSHIP AGREEMENT; LEVYING A MUNICIPAL SALES AND USE TAX IN THE ANNEXED AREAS; APPLYING REGULATIONS TO THE ANNEXED AREAS; AND ADDING THE ANNEXED AREAS TO COUNCIL DISTRICT TWO.   

 

            WHEREAS, on November 6, 2007, the City of Sugar Land and Fort Bend Municipal Utility Districts No. 106, 108 and 109 (the Districts) entered into a Strategic Partnership Agreement (the Agreement), as authorized by §43.0751 of the Texas Local Government Code (the Act); and

 

            WHEREAS, the Agreement provides for the City to annex approximately 333 acres within the Districts for limited purposes within 180 days of the date of the Agreement, to impose a municipal sales and use tax, and to regulate the use of land and the  construction, alteration, and maintenance of structures, buildings, and signs; and

 

            WHEREAS, public hearings were held on October 2, 2007, and October 16, 2007, on the proposed limited purpose annexation for which notice was given as required by State law; NOW, THEREFORE;

 

BE IT ORDAINED BY THE CITY COUNCIL

OF THE CITY OF SUGAR LAND, TEXAS:

 

            Section 1.  That the land contained within the Districts, as described in Exhibit A, attached to and incorporated into this ordinance by reference, is annexed into the City of Sugar Land for limited purposes at 12:01 a.m. on May 7, 2008, as authorized by the Agreement and the Act. 

 

Section 2.  That the municipal sales and use tax authorized by Chapter 321 of the Tax Code, and as levied and applied at the rate of two percent on the receipts from the sale at retail of taxable items within the City of Sugar Land, is imposed upon and applies within the land annexed for limited purposes under this ordinance, as authorized by §43.0751 (k) of the Act.  The sales and use tax takes effect within the land annexed under this ordinance for limited purposes on the date as provided by Chapter 321 of the Tax Code.  The City Secretary will notify the Comptroller of the change of boundaries of the City resulting from this ordinance as required by law.       

 

Section 3.  Pending permanent zoning of the annexed area, the area annexed for limited purposes is temporarily zoned as follows:

 

(a) Municipal Utility District No. 106.  The land annexed for limited purposes in MUD 106 is temporarily zoned as Neighborhood Business (B-1), General Business (B-2), and Planned Development (PD) District, as shown in Exhibit C.  The existing streets, sidewalks, paths, open spaces, and landscape reserves located within the PD District constitute the general development plan for the PD District.  The regulations of the B-1 District, other than the use regulations, apply to the PD district.  The uses allowed within the PD District are Standard Industrial Classification (SIC) 99 Parks and Recreational Facilities, Public or Private, SIC 7992 Golf Courses, SIC 7997 Membership Sports and Recreation Clubs, and for storm water drainage and detention purposes.    

 

(b) Municipal Utility District No. 108.  The land annexed for limited purposes in MUD 108 is temporarily zoned as Neighborhood Business (B-1) and Planned Development (PD) District, as shown in Exhibit D.  The existing streets, sidewalks, paths, open spaces, and landscape reserves within the PD District constitute the general development plan for the PD District.  The regulations of the B-1 District, other than the use regulations, apply to the PD district.  The uses allowed within the PD District are SIC 99 Parks and Recreational Facilities, Public or Private, SIC 7992 Golf Courses, SIC 7997 Membership Sports and Recreation Clubs, and for storm water drainage and detention purposes.    

 

 (c) Municipal Utility District No. 109.  The land annexed for limited purposes in MUD 109 are temporarily zoned as General Business (B-2), and Planned Development (PD), as shown in Exhibit E. The existing streets, sidewalks, paths, open spaces, and landscape reserves within the PD District constitute the general development plan for the PD District.  The regulations of the B-1 District, other than the use regulations, apply to the PD district. The uses allowed within the PD District are SIC 99 Parks and Recreational Facilities, Public or Private, SIC 7992 Golf Courses, SIC 7997 Membership Sports and Recreation Clubs, and storm water drainage and detention.

 

Section 4.  That the City’s ordinances regulating or relating to the use of land and the construction, alternation, or maintenance of buildings and structures, including permits and fee requirements, apply to the areas annexed for limited purposes under this ordinance.    

 

Section 5.  That the areas annexed for limited purpose under this ordinance are added to City Council District Two.  

 

            Section 6.  That the provisions of this ordinance are severable and the invalidity of any part of this ordinance shall not affect the validity of the remainder of the ordinance. 

 

  

            APPROVED on first consideration on __________________, 2008.

 

 

            ADOPTED upon second consideration on _______________ , 2008

 

 

 

                                                                                    _________________________

David G. Wallace, Mayor

 

ATTEST:

 

 

___________________________

Glenda Gundermann, City Secretary

 

Reviewed for Legal Compliance:

JDM signed 4/4/08

 

 

Attachments:                                                    

           

Exhibit A -  Metes and Bounds Description of Limited Purpose Annexation

(14 pages)

Exhibit B -  MUD 106 Temporary Zoning Map (1 page)

Exhibit C -  MUD 108 Temporary Zoning Map (1 page)

Exhibit D -  MUD 109 Temporary Zoning Map  (1 page)

 

EXHIBIT A

Metes and Bounds Description of Limited Purposes Annexation Area

 

Fort Bend County Municipal Utility District No. 106

Limited Purpose Annexation

Metes and Bounds

 

BEGINNING at a westerly city limit line along US 59 ROW as defined by City of Sugar Land Ordinance No. 468 and its intersection with a northerly right-of-way line of Greatwood Parkway;

 

THENCE in a north easterly direction along that city limit line to the intersection with the  southern city limit line as defined by City of Sugar Land Ordinance No. 1182 also the northeastern boundary line of  MUD 106;

 

THENCE in a south easterly direction along that northeastern boundary line of MUD 106 and that southern city limit line to the eastern boundary the LID #11 drainage ditch;

 

THENCE in a south easterly direction along that eastern property line to the intersection with the property line of a property identified as 0048-00-000-0033-901and further described as 2.039 acres in the J. Kuykendall League, Abstract 48 and including the property boundaries of said property and;

 

THENCE to continue in a southerly direction along the eastern property line of the LID #11 drainage ditch to the intersection with the right-of-way line of Greatwood Parkway identified as 0048-00-000-0049-901 and further described as 4.795 acres of the A. Kuykendall League, Abstract 48 and;

 

THENCE to include that entire property and to follow the eastern boundary of that right-of-way property  south to the intersection of the right-of-way with the boundary of the property identified as 0048-00-000-0048-901 and further described as 5.031 acres in the J. Kuykendall League, Abstract 48;

 

THENCE following the northern boundary of that property and including this property to the intersection with the property identified as 0048-00-000-0037-901 and further described as 15.868 acres in the A. Kuykendall League, Abstract 48 and including this property boundary;

 

THENCE continuing in a southerly direction along the eastern property boundary of the property identified as 3008-01-000-0010-901 and further described as 0.818 acres  of Greatwood Forest, Section 1and  including that property and continuing south along the east property boundary of the property identified as 3008-01-000-0004-901 and further described as 1.186 acres of Greatwood Forest, Section 1 and including that property;

 

THENCE continuing in an easterly direction along the northern boundary of the property identified as 3008-03-000-0020-901 and further described as 6.302 acres in Greatwood Forest, Section 3 and including said property;

 

THENCE following the east property line of said property south and continuing west along the southern boundary of the property identified as 3008-01-000-0040-901 and further described as 4.369 acres in Greatwood Forest, Section 1 and including that property;

 

THENCE following the western boundary of that included property generally north to meet back with the property already included and described as 3008-01-000-0004-901 and;

 

THENCE to continue along its southern property line to the intersection with the property line of the property identified as 3008-01-000-0033-901 and further described as 0.07 acres in Greatwood Forest, Section 1and to include this entire property;

 

THENCE to follow the eastern property line of that property to connect to the northern property line of  the property identified as 3008-01-000-0030-901 and further described as 9.216 acres in Greatwood Forest, Section 1 and including said property;

 

THENCE continuing along the southern boundary of the property already included and identified as 3008-01-000-0004-901 to the continuation of the southern boundary of the property already included and identified as 3008-01-000-0010-901 and;

 

THENCE to continue along that property line in a westerly direction to the portion of the right-of-way of Greatwood Parkway located in the boundary of MUD 106 and to include that right-of-way property identified as 0048-00-000-0042-901 and further described as 2.251 acres in the A. Kuykendall League, Abstract 48 and;

 

THENCE to follow the western boundary of that right-of-way to the southern property line of the LID #11 drainage ditch property identified as 0048-00-000-0034-901 and further described as 19.004 acres in the A. Kuykendall League, Abstract 48, and to include this property entirely and;

 

THENCE to continue along the western boundary of the Greatwood Parkway right-of-way already described and along the eastern boundary of the property already described and included as 0048-00-000-0037-901 to and including the property identified as 0048-00-000-0044-901 and further described as 11.995 acres in the A. Kuykendall League, Abstract 48 and;

 

THENCE following the eastern boundary of that property which is also the western boundary of the Greatwood Parkway right-of-way described to the intersection of Greatwood Parkway with Shadow Bend Dr.; and

 

THENCE including the Shadow Bend Dr. right-of-way between Greatwood Parkway and LID #11 drainage ditch and following the western boundary of Shadow Bend Dr. right-of-way to the property identified as 0048-00-000-0043-901 and further described as 4.888 acres in the A. Kuykendall League, Abstract 48 and;

 

THENCE including that described property along Shadow Bend Dr. and adjacent to the LID #11 drainage ditch continuing along the western boundary of Shadow Bend Dr. to the intersection of the right-of-way with the MUD 106 boundary and;

 

THENCE following that boundary to the property identified as 3001-04-000-0030-901 and further described as 5.981 acres in Greatwood Shores, Section 4 and including that property located along LID #11 drainage ditch and;

 

THENCE following the western boundary of the LID #11 drainage ditch already identified to the property identified as 0048-00-000-0046-901 and further described as 8.726 acres in the A. Kuykendall League, Abstract 48;

 

THENCE following the southern boundary of said property to the southern property line of the property identified as 0049-00-000-0656-901 and further described as 1.088 acres in the J. Kuykendall League, Abstract 49 and;

 

THENCE fully including that property and continuing along its property line around to the continuation of the northern boundary of the previous identified property border Greatwood Arbor, Section 2 back to the LID #11 drainage ditch and;

 

THENCE including the golf course property along the east side of LID #11 drainage ditch fully identified as 2859-01-000-0010-901 and further described as 3.388 acres in The Enclave at Greatwood, Section 1 and;

 

THENCE continuing along the eastern side of the LID #11 drainage ditch property to the intersection with Greatwood Parkway right-of-way already described and;

 

THENCE following that right-of-way to the western boundary of the LID #11 drainage ditch and;

 

THENCE following the western boundary of the LID #11 drainage ditch back to a property forming the northern boundary of MUD 106 and identified as 0048-00-000-0494-901 and furthered described as 3.08 acres in the A. Kuykendall League, Abstract 48 and;

 

THENCE including this property and following its western property line to the adjacent property identified as 0049-00-000-0612-901 and further described as 0.1148 acres of the J. Kuykendall League, Abstract 49 and;

 

THENCE including that property and turning south along the southeastern property line of the property identified as 0049-00-000-0613-901 and further described as 0.3462 acres of the J. Kuykendall League, Abstract 49 and;

 

THENCE following the property line west to the southern property line of the property identified as 0049-00-000-0570-901 and further described as 0.4676 acres in the J. Kuykendall League, Abstract 49 and;

 

THENCE following that southern property line of said property its intersection with the right-of-way of River Brook Dr. and;

 

THENCE following the eastern boundary of the River Brook Dr. right-of-way to the intersection with the Greatwood Parkway right-of-way and;

 

THENCE crossing the River Brook Dr. right-of-way from the eastern boundary to the western boundary and;

 

THENCE following the western boundary of the River Brook Dr. right-of-way to the southern property line of the property identified as 3013-01-000-0011-901 and further described as 1.818 acres in Greatwood Manor, Section 1 also the property forming the north boundary of MUD 106 and;

 

THENCE continuing along the southern boundary to the west to the intersection with the eastern boundary of the property identified as 0049-00-000-0655-901 and further described as 13.2084 acres in the J. Kuykendall League, Abstract 49 and including the entire property boundary of said property and;

 

THENCE continue west from that intersection along the northern boundary of said property to eastern boundary of the property described as 0049-00-000-0705-901 and further described as 1.8285 acres in the J. Kuykendall League, Abstract 49 and;

 

THENCE including this property and continue west along the eastern and southern boundary of said property to the southern boundary of the adjacent property to the west identified as 0049-00-000-0726-901 and further described as 2.654 acres in the J. Kuykendall League, Abstract 49 and;

 

THENCE continue west along southern boundary of said property to the southern boundary of the adjacent property to the west identified as 0049-00-000-0658-901 and further described as 0.158 acres in the J. Kuykendall League, Abstract 49 and;

 

THENCE continuing west along the southern boundary of said property and turning north along the western boundary of said property to the western boundary of the adjacent property to the north identified as 0049-00-000-0687-901 and further described as 1.1826 acres in the J. Kuykendall League, Abstract 49 and;

 

THENCE continuing along the western boundary of said property to the southern boundary of the continuation of the property identified as 0049-00-000-0658-901 and;

 

THENCE continuing along the southern boundary of said property to the southern boundary of the property identified as 0049-00-000-0744-901 and further described as 0.198 acres in the J. Kuykendall League, Abstract 49 and;

 

THENCE following the southern property line of said property to the intersection with the right-of-way of Greatwood Parkway and;

 

THENCE following the eastern boundary of the Greatwood Parkway right-of-way to the northern boundary of the property identified as 0049-00-000-0678-901 and further described as 1.155 acres in the J. Kuykendall League, Abstract 49 and;

 

THENCE continuing along said property line to the east and to include said property and;

 

THENCE to continue south along the eastern right-of-way boundary to the intersection with the MUD 106 boundary and;

 

THENCE to cross the Greatwood Parkway right-of-way along the MUD 106 boundary to the continuation of the eastern boundary of Greatwood Parkway right-of-way within the MUD 106 boundary and;

 

THENCE to continue along the eastern boundary of the Greatwood Parkway right-of-way within MUD 106 to its southern boundary within MUD 106 and;

 

THENCE to the continue west along the southern boundary of said right-of-way to the southern boundary of the property identified as 0049-00-000-0611-901 and further described as 6.905 acres in the J. Kuykendall League, Abstract 49 and also identified as the LID #11 drainage ditch on the west side of Greatwood Parkway right-of-way and;

 

THENCE to include the said property and to follow its southern property line west and then following the same property line as it turn north along the western most boundary of MUD 106 and;

 

THENCE following that property line to the southern property line the property identified as 0049-00-000-0569-901 and further described as 5.78 acres in the J. Kuykendall League, Abstract 49 and;

 

THENCE including said property and continuing along the southern property line of said property to the southern property line of the adjacent property to the east identified as 0049-00-000-0684-901 and further described as 1.360 acres in the J. Kuykendall League, Abstract 49 and;

 

THENCE including that property and continuing along the western property line of the adjacent property to the south identified as 0049-00-000-0604-901 and further described as 0.918 acres in the J. Kuykendall League, Abstract 49 and;

 

THENCE including that property and following its southern property line in a easterly direction and turning north along its eastern property line boundary along the Greatwood Parkway right-of-way and;

 

THENCE continuing in a northerly direction along the eastern property line boundary of said property and the right-of-way of Greatwood Parkway to the adjacent property to the north identified as 0049-00-000-0685-901 and further described as 1.585 acres in the J. Kuykendall League, Abstract 49 and;

 

THENCE including that property and continuing in northerly direction along the eastern boundary of said property and the western right-of-way of Greatwood Parkway to the eastern property line of already identified property 0049-00-000-0569-901 and;

 

THENCE continuing in a northerly direction along the western right-of-way of Greatwood Parkway to its intersection with and existing city limit line, such point also being THE POINT OF BEGINNING.

 

Fort Bend County Municipal Utility District No. 108

Limited Purpose Annexation

Metes and Bounds

 

BEGINNING at a northerly MUD 108 boundary line at the intersection of Greatwood Parkway and River Brook Drive at the right-of-way boundary of Greatwood Parkway within MUD 108 and;

 

THENCE proceeding in a southerly direction along the western right-of-way boundary of Greatwood Parkway within the boundary of MUD 108 to the intersection with Sansbury Boulevard and;

 

THENCE proceeding in a westerly direction along the northern boundary of Sansbury Boulevard right-of-way to the intersection with a MUD 108 and 109 eastern boundary lines and;

 

THENCE crossing into the right-of-way of Sansbury Boulevard in a southerly direction to the intersection of with the MUD 109 boundary being approximately in the middle of Sansbury Boulevard and;

 

THENCE continuing in an easterly direction along the southern property line of Sansbury Boulevard within MUD 108 to the intersection with Greatwood Parkway within MUD 108 and;

 

THENCE continuing in a southerly direction along the boundary line of Greatwood Parkway right-of-way within MUD 108 for approximately 800 feet and turning in an easterly direction to the eastern boundary of Greatwood Parkway and;

 

THENCE continuing along the eastern boundary line of Greatwood Parkway right-of-way to the southwest corner of the property identified as 3001-02-000-0081-901 and further described as 0.038 acres in Greatwood Shores, Section 2 and;

 

THENCE proceeding in a easterly direction along the southern property line of said property to the southern property line of the property identified as 3001-02-000-0080-901 and further described as 19.553 acres in Greatwood Shores, Section 2 and;

 

THENCE continuing in an easterly direction along the southern property line of said property to the southeast corner of said property and;

 

THENCE continuing in a northerly direction to the northeast corner of said property and;

 

THENCE continuing in a westerly direction along the northern boundary of said property back to the Greatwood Parkway right-of-way and;

 

THENCE continuing in a northerly direction along the Greatwood Parkway right-of-way to the southwestern corner of the property identified as 0049-00-000-0841-901 and further described as 4.534 acres in the J. Kuykendall League, Abstract 49 and;

 

THENCE continuing in an easterly direction along the southern boundary line of said property to the southern boundary line of the property identified as 0049-00-000-0842-901 and further described as 7.795 acres in the J. Kuykendall League, Abstract 49 and;

 

THENCE continuing along the southern boundary line of said property to southern property line of the property identified as 0049-00-000-0838-901 and further described as 23.464 acres in the J. Kuykendall League, Abstract 49 and;

 

THENCE continuing in a easterly direction along the property line of said property to the southwestern property line of the property identified as 3001-02-000-0050-901 and further described as 2.462 acres in Greatwood Shores, Section 2 and;

 

THENCE continuing in a southerly direction along the boundary of said property to the intersection with the right-of-way of Greatwood Lake Drive and;

 

THENCE crossing the right-of-way of Greatwood Lake Drive to the northern property line of the property described as 3001-02-000-0060-901 and further described as 1.086 acres in Greatwood Shores, Section 2 and;

 

THENCE proceeding in a westerly direction along the northern boundary line of said property to the intersection with the right-of-way of Forestlake Drive and;

 

THENCE continuing in a westerly direction and crossing the right-of-way of Forestlake Drive to the western boundary of the right-of-way and;

 

THENCE proceeding in a southerly direction along the western boundary line of the right-of-way of Forestlake Drive to the northern property line of the property described as 3001-02-000-0070-901 and further described as 9.565 acres in Greatwood Shores, Section 2 and;

 

THENCE proceeding in a westerly direction along the northern boundary line of said property to the intersection with Greatwood Lake Drive and;

 

THENCE proceeding in a southerly direction along the western boundary of said property along the Greatwood Lake Drive right-of-way to the southwestern corner of said property and;

 

THENCE proceeding in a easterly direction along the southern boundary of said property to the southeast corner of said property and;

 

THENCE proceeding in a northerly direction along the eastern property line of said property to intersection with Forestlake Drive right-of-way and;

 

THENCE proceeding in a southerly direction along the western boundary line of Forestlake Drive right-of-way to the intersection of Timberlake Drive and;

 

THENCE crossing the right-of-way of Forestlake Drive at that intersection to the eastern boundary line of the Forestlake Drive right-of-way and;

 

THENCE continuing in a northerly direction along the eastern boundary line of the Forestlake Drive right-of-way to the intersection with the southern property line of the property identified as 3001-02-000-0060-901 already described and;

 

THENCE proceeding in a easterly direction along the southern boundary of that said property to the intersection with the right-of-way of LID #11 drainage ditch property as identified as 0048-00-000-0224-901 and further described as 6.704 acres in the A. Kuykendall League, Abstract 48 and;

 

THENCE continuing along the western boundary line of said property and then proceeding in an easterly direction along the southern boundary line of said property to the intersection with the right-of-way of Greatwood Parkway and;

 

THENCE continuing north along the eastern boundary line said property line to the northeast corner of said property and;

 

THENCE proceeding a westerly direction along the northern boundary line of said property within in the MUD 108 boundary and;

 

THENCE continuing in a northerly direction along the boundary line of said property to the intersection with the right-of-way of Shadow Bend Drive and;

 

THENCE continuing in a northerly direction along the western right-of-way boundary line of Shadow Bend Drive to the southeast corner of the property identified as 3001-02-000-0061-901 and further described as 0.783 acres in Greatwood Shores, Section 2 and;

 

THENCE continuing in a northerly direction along the eastern boundary line of said property to the northeast corner of said property and;

 

THENCE continuing in a westerly direction along the northern boundary line of said property to the intersection with the right-of-way line of Greatwood Lake Drive and;

 

THENCE continuing in an easterly direction along the southern right-of-way of Greatwood Lake Drive to the intersection with the right-of-way of Shadow Bend Drive and;

 

THENCE crossing the right-of-way of Greatwood Lake Drive to the northern boundary line of the right-of-way and;

 

THENCE proceeding in a westerly direction along the northern boundary line of the Greatwood Lake Drive right-of-way to the intersection with the property line of the property identified as 3001-02-000-0050-901 already described and;

 

THENCE proceeding in a northwesterly direction along the eastern boundary line of said property to the intersection with the property boundary of the property identified as 0049-00-000-0838-901 already described and;

 

THENCE proceeding in a northeasterly direction along the southeastern boundary line of said property and then continuing in a southwesterly direction along the western boundary line of said property to the intersection with the property line of the property identified as 0049-00-000-0847-901 and further described as 22.658 acres in the J. Kuykendall League, Abstract 49 and;

 

THENCE proceeding in a westerly direction along the northern boundary line of said property and then continuing in a northerly direction along the eastern property line of said property to the intersection with the right-of-way line of River Brook Drive and;

 

THENCE proceeding in an easterly direction along the southern right-of-way boundary of River Brook Drive for approximately 1,400 feet and;

 

THENCE crossing the River Brook Drive right-of-way from the southern boundary line to the northern boundary line of said right-of-way and;

 

THENCE proceeding in a westerly direction along the northern boundary line of the River Brook Drive right-of-way to the southeast corner of the property identified as 0049-00-000-0830-901 and further described as .7856 acres in the J. Kuykendall League, Abstract 49 and;

 

THENCE continuing in a northerly direction along the eastern boundary line of said property to the northeast corner of said property and;

 

THENCE continuing along the southern boundary line of the property identified as 0049-00-000-0848-901 and further described as 9.444 acres in the J. Kuykendall League, Abstract 49 and;

 

THENCE proceeding in an easterly direction along the southern boundary line of said property to the northeast corner of said property and;

 

THENCE continuing in a westerly direction along the northern boundary line of said property to the  northwest corner of said property line at the north MUD 108 boundary and;

 

THENCE proceeding in a southwesterly direction along the northwestern property line of said property to the north corner of the property identified as 0049-00-000-0830-901 already described and;

 

THENCE continuing in a southerly direction along the western boundary of said property to the intersection with the northern boundary line of the right-of-way of River Brook Drive and;

 

THENCE continuing in a westerly direction along the northern boundary of the right-of-way of River Brook Drive within the MUD 108 boundary to the intersection with Greatwood Parkway at the existing MUD 108 northern boundary, such a point also being THE POINT OF BEGINNING less and except that property described as 3001-02-000-0081-901 previously described and Lots 1 thru 7, Block 1 of Greatwood Shores Section Two.

 

Fort Bend County Municipal Utility District No. 109

Limited Purpose Annexation

Metes and Bounds

 

BEGINNING at a point at the eastern boundary of the right-of-way of Crabb River Road and the north corner of the property identified as 0049-00-000-0790-901 and further described as 2.259 acres in the J. Kuykendall League, Abstract 49 and;

 

THENCE continuing in a southerly direction along the eastern right-of-way boundary of Crabb River Road to the southern property line of the property identified as 0049-00-000-0654-901 and further described as 2.1123 acres in the J. Kuykendall League, Abstract 49  and;

 

THENCE continuing in an easterly direction along the southern boundary of said property to the southeastern corner of said property and;

 

THENCE continuing in a northerly direction along the eastern property line of said property to the intersection with the right-of-way line of Sansbury Boulevard and;

 

THENCE continuing in an easterly direction along the southern right-of-way boundary to the intersection with the right-of-way of Tara Boulevard and;

 

THENCE continuing in a southerly direction along the western boundary of Tara Boulevard right-of-way to the LID #11 drainage ditch property line and;

 

THENCE crossing the right-of-way of Tara Boulevard from the western boundary to the eastern boundary of the right-of-way and;

 

THENCE continuing in a northerly direction along the eastern property line of Tara Boulevard to the southwestern corner of the property identified as 3006-03-000-0020-901 and further described as 1.0373 acres in Greatwood Glen, Section 3 and;

 

THENCE including the entire boundary of that said property and continuing in a northerly direction along the eastern boundary of Tara Boulevard to the intersection with the south right-of-way of Sansbury Boulevard and;

 

THENCE continuing in an easterly direction along the southern right-of-way line of Sansubury Boulevard to the intersection with the west right-of-way line of Greatwood Parkway and;

 

THENCE continuing in an easterly direction along the southern right-of-way line of Greatwood Parkway to the southern corner of the property identified as 0049-00-000-0587-901 and further described as 6.567 acres in the J. Kuykendall League, Abstract 49 and;

 

THENCE continuing in a northerly direction along the eastern boundary of said property to the northeastern corner of said property and;

 

THENCE continuing in a northerly direction along the north eastern property line to the intersection with the right-of-way of Sansbury Boulevard and;

 

THENCE continuing in a westerly direction along the northern right-of-way boundary of Sansbury Boulevard within in the MUD 109 boundary to the southeastern corner of the property identified as 0049-00-000-0708-901 and further described as 0.960 acres in the J. Kuykendall League, Abstract 49 and;

 

THENCE continuing in a northerly direction to the northeast corner of the property identified as 0049-00-000-0734-901 and further described as 0.2836 acres in the J. Kuykendall League, Abstract 49 and;

 

THENCE continuing in a westerly direction to the south-eastern corner of the property identified as 0049-00-000-0790-901 as already described and;

 

THENCE continuing in a northerly direction to the north-east corner of said property and;

 

THENCE continuing in a westerly direction to the northwest corner of said property to the intersection with the right-of-way line of Crabb River Road, such point also being THE POINT OF BEGINNING.

 

 

MUD 109 Out parcels -

#1

 

BEGINNING at a point at the northeast corner of the property identified as 0049-00-000-0128-901 and further described as 7.6953 acres in the J. Kuykendall League, Abstract 49 at the intersection of the MUD 106 boundary and;

 

THENCE continuing in a westerly direction along the north boundary of said property to the northwest corner of said property and;

 

THENCE continuing in a southerly direction along the western boundary of said property to the southwestern corner of said property along the right-of-way of Crabb River Road and;

 

THENCE continuing in an easterly direction along the southern boundary of said property to the intersection with the northern property line of the property identified as 0049-00-000-0659-901 and further described as 0.5285 acres in the J. Kuykendall League, Abstract 49 and;

 

THENCE continuing in a south-westerly direction along the western property line of said property to the intersection of said property with the right-of-way of Crabb River Road and;

 

THENCE continuing in an easterly direction along the southern boundary of said property to the southeastern corner of said property and;

 

THENCE continuing in a northerly direction to the intersection with the south property boundary line of the property identified as 0049-00-000-0128-901 already described and;

 

THENCE continuing in an easterly direction to the southeastern corner of said property and;

 

THENCE continuing in a northerly direction along the eastern property line of said property to the southeastern corner of the property identified as 0049-00-000-0121-901 and further described as 0.1694 acres in J. Kuykendall League, Abstract 49 and;

 

THENCE including the entire boundary of said property and continuing in a northerly direction along the eastern boundary of the property described as 0049-00-000-0128-901 already described to the northeastern corner of said property, such point also being THE POINT OF BEGINNING.

 

 

#2

BEGINNING at a point at the corner of the property identified as 0049-00-000-0391-901 and further described as 1.5898 acres in the J. Kuykendall League, Abstract 49 at the intersection with the TxDOT right-of-way property at the southeast intersection of State Highway 99 and Crabb River Road and;

 

THENCE continuing in a southerly direction along the western boundary of said property along the TxDOT right-of-way to the southwest corner of said property and;

 

THENCE continuing in an easterly direction along the southern boundary of said property to the southeastern corner of said property and;

 

THENCE continuing in a northerly direction to the northeast corner of said property and;

 

THENCE continuing in a westerly direction along the northern boundary line of said property to the northwest corner at the intersection with TxDOT right-of-way, such point also being THE POINT OF BEGINNING.

EXHIBIT B

MUD 106 Temporary Zoning Map

EXHIBIT C

MUD 108 Temporary Zoning Map

EXHIBIT D

MUD 109 Temporary Zoning Map