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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the Fort Bend County Municipal Utility |
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District No. 251; granting a limited power of eminent domain; |
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providing authority to issue bonds; providing authority to impose |
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assessments, fees, and taxes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 7915A to read as follows: |
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CHAPTER 7915A. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 251 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 7915A.0101. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(3) "Director" means a board member. |
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(4) "District" means the Fort Bend County Municipal |
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Utility District No. 251. |
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Sec. 7915A.0102. NATURE OF DISTRICT. The district is a |
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municipal utility district created under Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 7915A.0103. CONFIRMATION AND DIRECTOR ELECTION |
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REQUIRED. The temporary directors shall hold an election to |
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confirm the creation of the district and to elect five permanent |
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directors as provided by Section 49.102, Water Code. |
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Sec. 7915A.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section |
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7915A.0103 until each municipality in whose corporate limits or |
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extraterritorial jurisdiction the district is located has |
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consented by ordinance or resolution to the creation of the |
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district and to the inclusion of land in the district. |
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Sec. 7915A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. |
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(a) The district is created to serve a public purpose and benefit. |
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(b) The district is created to accomplish the purposes of: |
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(1) a municipal utility district as provided by |
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general law and Section 59, Article XVI, Texas Constitution; and |
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(2) Section 52, Article III, Texas Constitution, that |
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relate to the construction, acquisition, improvement, operation, |
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or maintenance of macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 7915A.0106. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act enacting this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act enacting this chapter form a closure. A mistake made in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for the purposes |
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for which the district is created or to pay the principal of and |
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interest on a bond; |
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(3) right to impose a tax; or |
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(4) legality or operation. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 7915A.0201. GOVERNING BODY; TERMS. (a) The district |
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is governed by a board of five elected directors. |
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(b) Except as provided by Section 7915A.0202, directors |
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serve staggered four-year terms. |
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Sec. 7915A.0202. TEMPORARY DIRECTORS. (a) The temporary |
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board consists of: |
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(1) Adam Baker; |
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(2) Justin Waggoner; |
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(3) Michael Binick; |
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(4) Tyler Horne; and |
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(5) Eric Vanderbilt. |
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(b) Temporary directors serve until the earlier of: |
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(1) the date permanent directors are elected under |
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Section 7915A.0103; or |
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(2) the fourth anniversary of the effective date of |
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the Act enacting this chapter. |
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(c) If permanent directors have not been elected under |
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Section 7915A.0103 and the terms of the temporary directors have |
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expired, successor temporary directors shall be appointed or |
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reappointed as provided by Subsection (d) to serve terms that |
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expire on the earlier of: |
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(1) the date permanent directors are elected under |
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Section 7915A.0103; or |
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(2) the fourth anniversary of the date of the |
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appointment or reappointment. |
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(d) If Subsection (c) applies, the owner or owners of a |
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majority of the assessed value of the real property in the district |
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may submit a petition to the commission requesting that the |
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commission appoint as successor temporary directors the five |
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persons named in the petition. The commission shall appoint as |
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successor temporary directors the five persons named in the |
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petition. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 7915A.0301. GENERAL POWERS AND DUTIES. The district |
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has the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 7915A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND |
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DUTIES. The district has the powers and duties provided by the |
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general law of this state, including Chapters 49 and 54, Water Code, |
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applicable to municipal utility districts created under Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 7915A.0303. AUTHORITY FOR ROAD PROJECTS. Under |
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Section 52, Article III, Texas Constitution, the district may |
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design, acquire, construct, finance, issue bonds for, improve, |
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operate, maintain, and convey to this state, a county, or a |
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municipality for operation and maintenance macadamized, graveled, |
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or paved roads, or improvements, including storm drainage, in aid |
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of those roads. |
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Sec. 7915A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A |
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road project must meet all applicable construction standards, |
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zoning and subdivision requirements, and regulations of each |
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municipality in whose corporate limits or extraterritorial |
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jurisdiction the road project is located. |
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(b) If a road project is not located in the corporate limits |
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or extraterritorial jurisdiction of a municipality, the road |
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project must meet all applicable construction standards, |
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subdivision requirements, and regulations of each county in which |
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the road project is located. |
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(c) If the state will maintain and operate the road, the |
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Texas Transportation Commission must approve the plans and |
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specifications of the road project. |
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Sec. 7915A.0305. COMPLIANCE WITH MUNICIPAL CONSENT |
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ORDINANCE OR RESOLUTION. The district shall comply with all |
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applicable requirements of any ordinance or resolution that is |
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adopted under Section 54.016 or 54.0165, Water Code, and that |
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consents to the creation of the district or to the inclusion of land |
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in the district. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 7915A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a) |
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The district may issue, without an election, bonds and other |
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obligations secured by: |
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(1) revenue other than ad valorem taxes; or |
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(2) contract payments described by Section |
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7915A.0403. |
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(b) The district must hold an election in the manner |
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provided by Chapters 49 and 54, Water Code, to obtain voter approval |
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before the district may impose an ad valorem tax or issue bonds |
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payable from ad valorem taxes. |
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(c) The district may not issue bonds payable from ad valorem |
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taxes to finance a road project unless the issuance is approved by a |
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vote of a two-thirds majority of the district voters voting at an |
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election held for that purpose. |
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Sec. 7915A.0402. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 7915A.0401, the |
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district may impose an operation and maintenance tax on taxable |
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property in the district in accordance with Section 49.107, Water |
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Code. |
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(b) The board shall determine the tax rate. The rate may not |
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exceed the rate approved at the election. |
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Sec. 7915A.0403. CONTRACT TAXES. (a) In accordance with |
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Section 49.108, Water Code, the district may impose a tax other than |
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an operation and maintenance tax and use the revenue derived from |
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the tax to make payments under a contract after the provisions of |
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the contract have been approved by a majority of the district voters |
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voting at an election held for that purpose. |
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(b) A contract approved by the district voters may contain a |
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provision stating that the contract may be modified or amended by |
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the board without further voter approval. |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 7915A.0501. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. The district may issue bonds or other obligations |
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payable wholly or partly from ad valorem taxes, impact fees, |
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revenue, contract payments, grants, or other district money, or any |
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combination of those sources, to pay for any authorized district |
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purpose. |
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Sec. 7915A.0502. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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board shall provide for the annual imposition of a continuing |
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direct ad valorem tax, without limit as to rate or amount, while all |
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or part of the bonds are outstanding as required and in the manner |
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provided by Sections 54.601 and 54.602, Water Code. |
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Sec. 7915A.0503. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of bonds or other obligations |
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issued or incurred to finance road projects and payable from ad |
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valorem taxes may not exceed one-fourth of the assessed value of the |
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real property in the district. |
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SECTION 2. The Fort Bend County Municipal Utility District |
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No. 251 initially includes all the territory contained in the |
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following area: |
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TRACT 1 of 2 (145.368 acres) |
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Being a tract containing 145.368 acres of land located in the |
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Jane Wilkins One League Grant, Abstract No. 96, Fort Bend County, |
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Texas. Said 145.368 acres being a call 145.368 acre tract of land, |
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styled as Tract III, recorded in the name of the 300 Acres LLC under |
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Fort Bend County Clerk's File (F.B.C.C.F.) No. 2017087205. Said |
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145.368 acres of land being more particularly described by metes |
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and bounds as follows (Bearings are referenced to the Texas |
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Coordinate System of 1983, South Central Zone, as derived from GPS |
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observations): |
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BEGINNING at a 5/8 inch capped iron rod (stamp illegible) |
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found at the southwest corner of said 145.368 acre tract, the |
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northwest corner of a call 317.812 acre tract of land, styled as |
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Tract One, recorded in the name of RES/VLS Real Estate Limited |
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Partnership under F.B.C.C.F. No. 2018058651 and being on the east |
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right-of-way (R.O.W.) line of Harlem Road (width varies) as |
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recorded in F.B.C.C.F. Nos. 2011015402 and 2015075797 and Volume |
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63, Page 203 of the Fort Bend County Deed Records (F.B.C.D.R.), from |
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which a 5/8 inch capped iron rod stamped "1943 4349 5829" bears |
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South 86 degrees 49 minutes 01 seconds West, a distance of 122.03 |
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feet; |
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THENCE, with said east R.O.W. line, the following eight (8) |
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courses: |
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1. North 02 degrees 07 minutes 03 seconds West, a distance |
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of 1,332.59 feet to a 5/8 inch iron rod found (disturbed) at a point |
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of curvature to the left; |
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2. 100.26 feet along the arc of said curve, having a radius |
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of 23,989.95 feet, a central angle of 00 degrees 14 minutes 22 |
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seconds, and a chord which bears North 02 degrees 14 minutes 14 |
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seconds West, a distance of 100.26 feet to a 5/8 inch iron rod found |
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at a point of tangency; |
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3. North 02 degrees 21 minutes 25 seconds West, a distance |
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of 229.64 feet to a point of curvature to the left from which point a |
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5/8 inch iron rod found bears North 09 degrees 27 minutes 04 seconds |
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East, a distance of 0.42 feet; |
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4. 100.66 feet along the arc of said curve, having a radius |
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of 10,506.91 feet, a central angle of 00 degrees 32 minutes 56 |
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seconds, and a chord which bears North 02 degrees 37 minutes 53 |
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seconds West, a distance of 100.65 feet to a 5/8 inch capped iron |
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rod stamped "Landtech" found at a point of tangency; |
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5. North 02 degrees 54 minutes 21 seconds West, a distance |
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of 500.14 feet to a 5/8 inch iron rod found at a point of curvature |
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to the left; |
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6. 100.67 feet along the arc of said curve, having a radius |
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of 10,758.45 feet, a central angle of 00 degrees 32 minutes 10 |
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seconds, and a chord which bears North 03 degrees 10 minutes 26 |
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seconds West, a distance of 100.67 feet to a 5/8 inch capped iron |
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rod stamped "Landtech" found at a point of tangency; |
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7. North 03 degrees 26 minutes 31 seconds West, a distance |
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of 577.51 feet to a 5/8 inch capped iron rod (stamp illegible) |
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found; |
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8. North 07 degrees 26 minutes 39 seconds East, a distance |
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of 74.13 feet a 5/8 inch iron rod found at the northwest corner of |
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said 145.368 acre tract and on the south line of a call 70 foot |
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drainage canal (Fourth Tract) recorded in the name of Fort Bend |
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County Drainage District in Volume 331, Page 468, F.B.C.D.R.; |
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THENCE with the south line of said 70 foot drainage canal, the |
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following seventeen (17) courses: |
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1. South 60 degrees 53 minutes 52 seconds East, a distance |
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of 306.17 feet to a 5/8 inch iron rod found; |
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2. South 69 degrees 40 minutes 19 seconds East, a distance |
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of 478.71 feet to a 5/8 inch capped iron rod stamped "Texas GLO" |
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found; |
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3. South 52 degrees 56 minutes 36 seconds East, a distance |
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of 366.41 feet to a 5/8 inch capped iron rod stamped "GBI Partners" |
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set; |
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4. South 45 degrees 25 minutes 47 seconds East, a distance |
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of 500.58 feet to a 5/8 inch capped iron rod stamped "Texas GLO" |
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found; |
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5. South 57 degrees 59 minutes 59 seconds East, a distance |
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of 355.33 feet to a 5/8 inch capped iron rod stamped "Texas GLO" |
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found; |
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6. South 63 degrees 30 minutes 30 seconds East, a distance |
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of 557.67 feet to a 5/8 inch capped iron rod stamped "Texas GLO" |
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found; |
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7. South 56 degrees 32 minutes 29 seconds East, a distance |
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of 237.63 feet to a 5/8 inch capped iron rod stamped "GBI Partners" |
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set; |
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8. South 47 degrees 43 minutes 07 seconds East, a distance |
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of 235.69 feet to a 5/8 inch capped iron rod stamped "Texas GLO" |
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found; |
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9. South 36 degrees 54 minutes 04 seconds East, a distance |
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of 578.06 feet to a 5/8 inch capped iron rod stamped "Texas GLO" |
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found; |
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10. South 51 degrees 53 minutes 46 seconds East, a distance |
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of 306.04 feet to a 5/8 inch capped iron rod stamped "Texas GLO" |
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found; |
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11. South 79 degrees 35 minutes 06 seconds East, a distance |
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of 224.59 feet to a 5/8 inch capped iron rod stamped "Texas GLO" |
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found; |
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12. South 70 degrees 32 minutes 04 seconds East, a distance |
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of 118.34 feet to a 5/8 inch capped iron rod stamped "Texas GLO" |
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found; |
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13. South 57 degrees 43 minutes 30 seconds East, a distance |
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of 259.63 feet to a 5/8 inch capped iron rod stamped "Texas GLO" |
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found; |
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14. South 72 degrees 42 minutes 40 seconds East, a distance |
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of 146.64 feet to a 5/8 inch capped iron rod stamped "Texas GLO" |
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found; |
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15. North 86 degrees 24 minutes 38 seconds East, a distance |
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of 227.86 feet to a 5/8 inch capped iron rod stamped "Texas GLO" |
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found; |
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16. North 77 degrees 35 minutes 31 seconds East, a distance |
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of 163.54 feet to a 5/8 inch capped iron rod stamped "Texas GLO" |
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found; |
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17. North 72 degrees 52 minutes 13 seconds East, a distance |
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of 112.09 feet to a T-post found on the west line of a call 143.287 |
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acre tract of land, styled as Tract IV, recorded in the name of 300 |
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Acres LLC under F.B.C.C.F. No. 2017087205; |
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THENCE, with said west line, South 02 degrees 59 minutes 48 |
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seconds East, a distance of 333.45 feet to the north line of a call |
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107.128 acre tract of land, styled as Tract 9B, recorded in the name |
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of RES/VLS Real Estate Limited Partnership under F.B.C.C.F. |
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No. 9632563, from which point a 5/8 inch iron rod found (disturbed) |
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bears North 02 degrees 59 minutes 48 seconds West, a distance of |
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1.86 feet; |
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THENCE, with said north line and the north line of aforesaid |
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317.812 acre tract, South 86 degrees 49 minutes 01 seconds West, a |
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distance of 4,213.36 feet to the POINT OF BEGINNING and containing |
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145.368 acres of land. |
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TRACT 2 of 2 (89.504 net acres) |
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Being 143.287 acres of land in the Jane Wilkins One League |
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Grant, Abstract No. 96, and the Jesse H. Cartwright One League |
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Grant, Abstract No. l6, Fort Bend County, Texas. Said 143.287 acres |
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of land being that certain call 7.39 acre (Tract Six) tract of land |
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and that certain call 100.16 acre (Tract Seven) tract of land |
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recorded in the name of State of Texas, for the use and benefit of |
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the Permanent School Fund, under Fort Bend County Clerk's File |
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(F.B.C.C.F.) No. 2004060103 and amended under 2004075320, and that |
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certain call 35.72 acre (Part 2) tract of land recorded in the name |
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of State of Texas, for the use and benefit of the Permanent School |
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Fund, under F.B.C.C.F. No. 2004060102 and amended under |
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2008106694. Said 143.287 acres also being a portion of that certain |
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tract of land described as 957 acres in a deed dated February 19, |
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1908 from Mollie C. Riddick to the Board of Penitentiary |
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Commissioners of the State of Texas as recorded in Volume 43, Page |
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209 of the Fort Bend County Deed Records (F.B.C.D.R.); said 143.287 |
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acres of land being more particularly described by metes and bounds |
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as follows (Bearings are referenced to the Texas Coordinate System |
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|
of 1983, South Central Zone, as derived from GPS observations): |
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BEGINNING at a 5/8 inch capped iron rod found in the |
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Southwesterly line of a call 97.179 acre (Parcel 9) tract of land |
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for controlled access highway facility (State Highway No. 99; |
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locally known as Grand Parkway) recorded in the name of Texas |
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Transportation Commission under F.B.C.C.F. No. 9203043, for the |
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Northwest corner and call Point of Beginning of said 35.72 acres; |
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THENCE, with said Southwesterly line and the Northeasterly |
|
|
line of said 35.72 acres and said 100.l6 acres, the following three |
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(3) courses: |
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1. South 23 degrees 18 minutes 03 seconds East (call South |
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20 degrees 38 minutes 03 seconds East), at 864.59 feet (call 864.65 |
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feet) pass a 5/8 inch capped iron rod set for the Northeast corner |
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of said 35.72 acres and the Northwest corner of said 100.16 acres, |
|
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and continuing for a total distance of 3,526.8l feet to a TXDOT disc |
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found for the beginning of a tangent curve to the left; |
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|
2. 1,941.45 feet (call l ,941.59 feet), along the arc of |
|
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said curve to the left, having a radius of 5,879.58 feet, a central |
|
|
angle of 18 degrees 55 minutes 09 seconds (call 18 degrees 55 |
|
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minutes 14 seconds), and a chord which bears South 32 degrees 45 |
|
|
minutes 37 seconds East (call South 30 degrees 05 minutes 42 seconds |
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East), a distance of l,932.64 feet (call 1,932.80 feet) to a |
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concrete monument found for tangency; |
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3. South 42 degrees 13 minutes 12 seconds East (call South |
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39 degrees 32 minutes 48 seconds East), a distance of 771.91 feet |
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(call 771.54 feet) to the North line of a call 52.12 acre tract |
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|
(Fifth Tract) recorded in the name of Sandra Ann Smith Austin in |
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Volume 663, Page 770 F.B.C.D.R., for the Southeast corner of said |
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100.16 acres, from which point a found 5/8 inch iron rod bears South |
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86 degrees 49 minutes 34 seconds West, a distance of 0.42 feet; |
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THENCE, with said North line and the South line of said 100.16 |
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acres, South 86 degrees 49 minutes 34 seconds West, a distance of |
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86l.83 feet (call 861.54 feet) to the Northwest corner of said 52.12 |
|
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acres, same being the Northeast corner of a call 107.128 acre tract |
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(Tract 9B) recorded in the name of RES/VLS Real Estate Limited |
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Partnership under F.B.C.C.F. No. 9632563, from which point a found |
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5/8 inch iron rod bears North 02 degrees 39 minutes 48 seconds West, |
|
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a distance of 0.38 feet; |
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THENCE, with the North line of said 107.128 acres and the |
|
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South line of said 100.16 acres, said 7.39 acres, and said 35.72 |
|
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acres, South 86 degrees 49 minutes 01 seconds West, at l ,509.50 |
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feet pass the Southwest corner of the aforementioned 7.39 acres and |
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the Southeast corner of the aforementioned 35.72 acres, from which |
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point a found 5/8 inch iron rod bears North 02 degrees 59 minutes 48 |
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seconds West, a distance of 1.68 feet and continuing for a total |
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|
distance of 1,809.52 feet to the Southwest corner of said 35.72 |
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acres and the Southeast corner of a call 154.59 acre tract recorded |
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in the name of State of Texas, for the use and benefit of the |
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Permanent School Fund under F.B.C.C.F. No. 2004060103 and amended |
|
|
under F.B.C.C.F. No. 2004075320, from which point a found 5/8 inch |
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iron rod bears North 02 degrees 59 minutes 48 seconds West, a |
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distance of 1.86 feet; |
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|
THENCE, with the West line of said 35.72 acres, North 02 |
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|
degrees 59 minutes 48 seconds West, at 333.45 feet pass the |
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|
Northeast corner of said 154.59 acres and continuing for a total |
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|
distance of 5,591.90 feet (call 5,591.99 feet) to the POINT OF |
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|
BEGINNING and containing 143.287 acres of land. |
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|
SAVE AND EXCEPT the following two tracts: |
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|
Tract A: Being a tract containing 9.477 acres of land located |
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|
in the Jane Wilkins One League Grant, Abstract No. 96, in Fort Bend |
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|
County, Texas. Said 9.477 acres being a portion of a call 143.287 |
|
|
acre tract of land, styled Tract IV, recorded in the name of 300 |
|
|
Acres LLC in Fort Bend County Clerk's File (F.B.C.C.F.) |
|
|
No. 2017087205. Said 9.447 acres of land being more particularly |
|
|
described by metes and bounds as follows (Bearings are referenced |
|
|
to the Texas Coordinate System of 1983, South Central Zone, as |
|
|
derived from GPS observations): |
|
|
BEGINNING at a 5/8 inch iron rod found at the most northerly |
|
|
corner of said 143.287 acre tract and being on the westerly |
|
|
Right-of-Way (R.O.W.) line of Grand Parkway (S.H. 99), a controlled |
|
|
access highway facility (width varies) and a call 97.179 acre tract |
|
|
of land, styled Parcel 9, recorded in the name of Texas |
|
|
Transportation Commission under F.B.C.C.F. No. 9203043, from which |
|
|
a 5/8 inch capped iron rod stamped "Texas GLO" found at the |
|
|
southeast corner of a call 168.253 acre tract of land, styled Tract |
|
|
1, recorded in the name of Grand Parkway 1358 LP under F.B.C.C.F. |
|
|
No. 2014037769 bears North 23 degrees 18 minutes 03 seconds West, a |
|
|
distance of 5,435.63 feet; |
|
|
THENCE, with said westerly R.O.W. line and west line of said |
|
|
97.179 acre tract, South 23 degrees 18 minutes 03 seconds East, at a |
|
|
distance of 864.57 feet pass a 5/8 inch iron rod found, and |
|
|
continuing for a total distance of 1,815.94 feet to the northwest |
|
|
intersection of said Grand Parkway and Owens Road (100- foot width) |
|
|
as described in F.B.C.C.F. No. 2016063197; |
|
|
THENCE, with the north R.O.W. line of said Owens Road, North |
|
|
61 degrees 03 minutes 29 seconds West, at a distance of 0.55 feet |
|
|
pass a 5/8 inch capped iron rod stamped "Town & Country" found and |
|
|
continuing for a total distance of 742.55 feet to a 5/8 inch capped |
|
|
iron rod stamped "Town & Country" found on the west line of said |
|
|
143.287 acre tract; |
|
|
THENCE, with said west line, North 02 degrees 59 minutes 48 |
|
|
seconds West, a distance of 1,310.29 feet to the POINT OF BEGINNING |
|
|
and containing 9.477 acres of land. |
|
|
Tract B: Being a tract containing 44.306 acres of land |
|
|
located in the Jane Wilkins One League Grant, Abstract No. 96, in |
|
|
Fort Bend County, Texas. Said 44.306 acres being a portion of a call |
|
|
143.287 acre tract of land, styled Tract IV, recorded in the name of |
|
|
300 Acres LLC in Fort Bend County Clerk's File (F.B.C.C.F.) |
|
|
No. 2017087205. Said 44.306 acres of land being more particularly |
|
|
described by metes and bounds as follows (Bearings are referenced |
|
|
to the Texas Coordinate System of 1983, South Central Zone, as |
|
|
derived from GPS observations): |
|
|
BEGINNING at a 5/8 inch iron rod found at the intersection of |
|
|
the west line of said 143.287 acre tract and the south Right-of-Way |
|
|
(R.O.W.) line of Owens Road (100-foot width) as described in |
|
|
F.B.C.C.F. No. 2016063197 from which a 5/8 inch iron rod found at |
|
|
the most northerly corner of said 143.287 acre tract and being on |
|
|
the westerly Right-of-Way (R.O.W.) line of Grand Parkway (S.H. 99), |
|
|
a controlled access highway facility (width varies) and a call |
|
|
97.179 acre tract of land, styled Parcel 9, recorded in the name of |
|
|
Texas Transportation Commission under F.B.C.C.F. No. 9203043 bears |
|
|
North 02 degrees 59 minutes 48 seconds West, a distance of 1,428.13 |
|
|
feet; |
|
|
THENCE, with said south R.O.W. line, South 61 degrees 03 |
|
|
minutes 29 seconds East, at a distance of 808.78 feet pass a 5/8 |
|
|
inch capped iron rod stamped "Town & Country" found and continuing |
|
|
for a distance of 809.33 feet to the southwest intersection of said |
|
|
Owens Road and said Grand Parkway; |
|
|
THENCE, with the westerly R.O.W. line of said Grand Parkway |
|
|
and west line of said 97.179 acre tract, the following two (2) |
|
|
courses: |
|
|
1.) South 23 degrees 18 minutes 03 seconds East, a distance |
|
|
of 1,547.55 feet to a Texas Department of Transportation (TXDOT) |
|
|
disc found at a point of curvature to the left; |
|
|
2.) 332.80 feet along the arc of said curve, having a radius |
|
|
of 5,879.58 feet, a central angle of 03 degrees 14 minutes 35 |
|
|
seconds, and a chord which bears South 24 degrees 55 minutes 20 |
|
|
seconds East, a distance of 332.75 feet to a 5/8 inch capped iron |
|
|
rod stamped "GBI Partners" set; |
|
|
THENCE, through and across said 143.287 acre tract, South 87 |
|
|
degrees 00 minutes 12 seconds West, a distance of 1,348.06 feet to a |
|
|
5/8 inch capped iron rod stamped "GBI Partners" set on the west line |
|
|
of said 143.287 acre tract and at the southwest corner of the herein |
|
|
described tract from which a T-post found on said west line and at |
|
|
the northeast corner of a call 145.368 acre tract of land, styled |
|
|
Tract III, recorded in the name of 300 Acres LLC in F.B.C.C.F. |
|
|
2017087205 bears South 02 degrees 59 minutes 48 seconds East, a |
|
|
distance of 1,642.09 feet; |
|
|
THENCE, with said west line, North 02 degrees 59 minutes 48 |
|
|
seconds West, at a distance of 2,188.22 feet to the POINT OF |
|
|
BEGINNING and containing 44.306 acres of land. |
|
|
The total acreage of Tract 2 being 143.287 acres, save and |
|
|
except 9.477 acres and 44.305 acres, for a total of 89.504 acres. |
|
|
The total acreage of the district being 234.872 acres, |
|
|
consisting of 145.368 in Tract 1 and 89.504 acres in Tract 2. |
|
|
SECTION 3. (a) The legal notice of the intention to |
|
|
introduce this Act, setting forth the general substance of this |
|
|
Act, has been published as provided by law, and the notice and a |
|
|
copy of this Act have been furnished to all persons, agencies, |
|
|
officials, or entities to which they are required to be furnished |
|
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
|
Government Code. |
|
|
(b) The governor, one of the required recipients, has |
|
|
submitted the notice and Act to the Texas Commission on |
|
|
Environmental Quality. |
|
|
(c) The Texas Commission on Environmental Quality has filed |
|
|
its recommendations relating to this Act with the governor, the |
|
|
lieutenant governor, and the speaker of the house of |
|
|
representatives within the required time. |
|
|
(d) All requirements of the constitution and laws of this |
|
|
state and the rules and procedures of the legislature with respect |
|
|
to the notice, introduction, and passage of this Act are fulfilled |
|
|
and accomplished. |
|
|
SECTION 4. (a) If this Act does not receive a two-thirds |
|
|
vote of all the members elected to each house, Subchapter C, Chapter |
|
|
7915A, Special District Local Laws Code, as added by Section 1 of |
|
|
this Act, is amended by adding Section 7915A.0306 to read as |
|
|
follows: |
|
|
Sec. 7915A.0306. NO EMINENT DOMAIN POWER. The district may |
|
|
not exercise the power of eminent domain. |
|
|
(b) This section is not intended to be an expression of a |
|
|
legislative interpretation of the requirements of Section 17(c), |
|
|
Article I, Texas Constitution. |
|
|
SECTION 5. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2021. |