By Danburg H.B. No. 3213
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation, administration, powers, and duties of the
1-3 Upper Kirby Management District.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. CREATION; LEGISLATIVE DECLARATION. (a) There is
1-6 created and established a special district to be known as the
1-7 "Upper Kirby Management District" that is a governmental agency, a
1-8 body politic and corporate, and a political subdivision of the
1-9 state.
1-10 (b) The name of the District may be changed by resolution of
1-11 the Board of directors at any time.
1-12 (c) The creation of the District is declared to be essential
1-13 to the accomplishment of the purposes of Article III, Section 52,
1-14 Article XVI, Section 59, and Article III, Section 52-a, of the
1-15 Texas Constitution and to the accomplishment of the other public
1-16 purposes stated in this Act.
1-17 (d) The legislature finds, determines, and declares that the
1-18 creation of the District is necessary to promote, develop,
1-19 encourage, and maintain employment, commerce, transportation,
1-20 housing, tourism, recreation, arts, entertainment, economic
1-21 development, safety, and the public welfare in an area traversed by
1-22 Kirby Drive in the City of Houston of Harris County. It is the
1-23 legislature's intent that the creation of the District and this
2-1 legislation not be interpreted to relieve the City or County from
2-2 providing the present level of services to the area included within
2-3 the District or to release the City or County from the obligations
2-4 each entity has to provide services to that area. The District is
2-5 created to supplement and not supplant applicable municipal or
2-6 county services.
2-7 (e) The legislature finds, determines, and intends that by
2-8 creating the District and in authorizing the City, County, and
2-9 other political subdivisions to contract with the District it has
2-10 established a program to accomplish the public purposes set out in
2-11 Article III, Section 52-a, of the Texas Constitution.
2-12 SECTION 2. DEFINITIONS. In this Act:
2-13 (1) "Board" means the board of directors of the
2-14 District.
2-15 (2) "District" means the Upper Kirby Management
2-16 District.
2-17 (3) "City" means the City of Houston, Texas.
2-18 (4) "County" means Harris County, Texas.
2-19 (5) "Commission" means the Texas Natural Resource
2-20 Conservation Commission or a state agency succeeding to its
2-21 jurisdiction over water districts.
2-22 (6) "Chapter 375" means Chapter 375, Local Government
2-23 Code, as added by S.B. No. 232, acts of the 72nd Legislature,
2-24 Regular Session, 1991.
2-25 SECTION 3. BOUNDARIES. (a) The District shall include all
3-1 of the territory contained within the following described area:
3-2 The acreage contained in the following forty-nine (49) tracts
3-3 of land in the A.C. Reynolds Survey, Abstract No. 61, in the City
3-4 of Houston, Harris County, Texas, described as follows:
3-5 TRACT ONE (1)
3-6 A tract of land being all of two tracts of land being 19,230
3-7 Square Feet and 102,972 Square Feet, being part of and out of
3-8 DICKEYS WEST PARK, a subdivision of land according to the map or
3-9 plat thereof recorded in Volume 55, Page 45 of the Harris County
3-10 Deed Records, said tract being more particularly described as
3-11 follows:
3-12 BEGINNING at the intersection of the existing southerly line
3-13 of San Felipe Road with the existing east line of Kirby Drive;
3-14 THENCE easterly along the existing southerly line of San
3-15 Felipe Road, approximately 306.90 feet to a point for corner, same
3-16 being the intersection of the existing southerly line of San Felipe
3-17 Road with the west line of Argonne Street;
3-18 THENCE southerly along the west line of Argonne Street,
3-19 approximately 432.09 feet to the northerly line of the HUNTINGDON
3-20 CONDOMINIUM subdivision according to the map or plat thereof
3-21 recorded in Volume 132, Page 90 of the Condominium Records of
3-22 Harris County, Texas;
3-23 THENCE westerly along the north line of said HUNTINGDON
3-24 CONDOMINIUM subdivision, approximately 301.9 feet to the Northwest
3-25 corner of said HUNTINGDON CONDOMINIUM subdivision, on the existing
4-1 east line of Kirby Drive;
4-2 THENCE northerly along the existing east line of Kirby Drive,
4-3 approximately 377.11 feet to the POINT OF BEGINNING.
4-4 TRACT TWO (2)
4-5 A tract of land being Tract or Block 25 according to the map
4-6 or plat of RIVER OAKS, SECTION FOUR (4), a subdivision of land
4-7 recorded in Volume 9, Page 27 of the Harris County Map Records,
4-8 said tract being more particularly described as follows:
4-9 BEGINNING at the intersection of the existing northerly line
4-10 of Westheimer Road with the east line of River Oaks Boulevard;
4-11 THENCE northerly along the east line of River Oaks Boulevard,
4-12 approximately 284.8 feet to the intersection of the south line of
4-13 Locke Lane with the east line of River Oaks Boulevard;
4-14 THENCE easterly along the south line of Locke Lane,
4-15 approximately 393.7 feet to the intersection of the west line of
4-16 Eastside Lane with the south line of Locke Lane;
4-17 THENCE southerly along the west line of Eastside Lane,
4-18 approximately 285 feet to the intersection of the west line of
4-19 Eastside Lane with the existing northerly line of Westheimer Road;
4-20 THENCE westerly along the existing northerly line of
4-21 Westheimer Road to the POINT OF BEGINNING.
4-22 TRACT THREE (3)
4-23 A tract of land being shown on the plat or map as "Reserved
4-24 for Business Purposes" of the subdivision of the SECOND ADDITION TO
4-25 AVALON PLACE as recorded in Volume 12, Page 70 of the Harris County
5-1 Map Records, same being part of and out of Blocks 16, 17 and 18 of
5-2 DICKEYS WEST PARK ADDITION, a subdivision of land according to the
5-3 map or plat thereof recorded in Volume 55, page 45 of the Harris
5-4 County Deed Records, and also including a portion of a closed
5-5 street labeled as Virginia Avenue (50 feet wide) as shown on the
5-6 said plat of SECOND ADDITION TO AVALON PLACE, said tract being more
5-7 particularly described as follows:
5-8 BEGINNING at the intersection of the existing east line of
5-9 Bellmeade Road with the existing northerly line of Westheimer Road;
5-10 THENCE in a northerly direction along the east line of
5-11 Bellmeade Road, approximately 143.5 feet to a point for corner, on
5-12 the South line of Block D of said SECOND ADDITION TO AVALON PLACE;
5-13 THENCE easterly along the southerly line of lots or tracts
5-14 out of Block D, Block E and Block F, respectively, to a point for
5-15 corner, on the existing west line of Kirby Drive;
5-16 THENCE southerly along the existing west line of Kirby Drive,
5-17 approximately 305 feet to the intersection of the existing
5-18 northerly line of Westheimer Road with the existing west line of
5-19 Kirby Drive;
5-20 THENCE westerly along the existing line of Westheimer Road,
5-21 approximately 1,048 feet to the POINT OF BEGINNING, "save and
5-22 except" that portion of Lake Avenue (50 feet wide) between Blocks
5-23 16 and 17 of said SECOND ADDITION TO AVALON PLACE.
5-24 TRACT FOUR (4)
5-25 A tract of land being part of and out Block 15 of DICKEYS
6-1 WEST PARK ADDITION, a subdivision of land according to the map or
6-2 plat recorded in Volume 55, Page 45 of the Harris County Deed
6-3 Records, said tract being more particularly described as follows:
6-4 BEGINNING at the intersection of the existing east line of
6-5 Kirby Drive with the existing northerly line of Westheimer Road;
6-6 THENCE northerly along the existing east line of Kirby Drive
6-7 to the point of intersection of the existing east line of Kirby
6-8 Drive with the southerly line of San Saba Street;
6-9 THENCE easterly along the southerly line of San Saba Street
6-10 to the intersection of the southerly line of San Saba Street with
6-11 the west line of Argonne Avenue;
6-12 THENCE southerly along the west line of Argonne Avenue to the
6-13 intersection of the west line of Argonne Avenue with the existing
6-14 northerly line of Westheimer Road;
6-15 THENCE westerly along the existing northerly line of
6-16 Westheimer Road to the POINT OF BEGINNING.
6-17 TRACT FIVE (5)
6-18 A tract of land being part of and out of Block 14 of COLLEGE
6-19 HEIGHTS, a subdivision of land according to the map or plat thereof
6-20 recorded in Volume 3, Page 38B of the Harris County Map Records,
6-21 said tract being more particularly described as follows:
6-22 BEGINNING at the intersection of the existing southerly line
6-23 of Westheimer Road with the east line of Argonne Avenue;
6-24 THENCE easterly along the existing southerly line of
6-25 Westheimer Road to the intersection of the west line of Revere
7-1 Avenue with the existing southerly line of Westheimer Road;
7-2 THENCE southerly along the west line of Revere Avenue to the
7-3 intersection of the north line of Cameron Street with the west line
7-4 of Revere Avenue;
7-5 THENCE westerly along the north line of Cameron Street to the
7-6 intersection of the east line of Argonne Avenue with the north line
7-7 of Cameron Street;
7-8 THENCE northerly along the east line of Argonne Avenue to the
7-9 POINT OF BEGINNING.
7-10 TRACT SIX (6)
7-11 A tract of land being part of and out of Block 15 of COLLEGE
7-12 HEIGHTS, a subdivision of land according to the map or plat thereof
7-13 recorded in Volume 3, Page 38B of the Harris County Map Records,
7-14 said tract being more particularly described as follows:
7-15 BEGINNING at the intersection of the existing southerly line
7-16 of Westheimer Road with the existing easterly line of Kirby Drive;
7-17 THENCE easterly along the existing southerly line of
7-18 Westheimer Road to the intersection of the west line of Argonne
7-19 Avenue with the existing southerly line of Westheimer Road;
7-20 THENCE southerly along the west line of Argonne Avenue to the
7-21 intersection of the north line of Cameron Street with the west line
7-22 of Argonne Avenue;
7-23 THENCE westerly along the north line of Cameron Street to the
7-24 intersection of the existing east line of Kirby Drive with the
7-25 north line of Cameron Street;
8-1 THENCE northerly along the existing east line of Kirby Drive
8-2 to the POINT OF BEGINNING.
8-3 TRACT SEVEN (7)
8-4 A tract of land being part of and out of Block 36 of COLLEGE
8-5 HEIGHTS, a subdivision of land according to the map or plat thereof
8-6 recorded in Volume 3, Page 38B of the Harris County Map Records,
8-7 and also being part of and out of Block 22 of DICKEYS WEST PART
8-8 ADDITION, a subdivision of land according to the map or plat
8-9 thereof recorded in Volume 45, Page 55 of the Harris County Deed
8-10 Records, and being all of 2701 KIRBY, a subdivision of land
8-11 according to the map or plat thereof recorded in Volume 348, Page
8-12 17 of the Harris County Map Records, and also being all of COLLEGE
8-13 HEIGHTS, a subdivision of land according to the map or plat thereof
8-14 recorded in Volume 318, Page 109 of the Harris County Map Records,
8-15 said tract being more particularly described as follows:
8-16 BEGINNING at the intersection of a cutback line in the
8-17 existing east line of Kirby Drive with the southerly line of
8-18 Cameron Street;
8-19 THENCE easterly along the south line of Cameron Street to the
8-20 intersection of the west line of Argonne Avenue with the south line
8-21 of Cameron Street;
8-22 THENCE southeasterly along a cutback line for Cameron Street
8-23 to the southerly termination of said cutback line, on the west line
8-24 of Argonne Avenue;
8-25 THENCE southerly along the west line of Argonne Avenue,
9-1 passing the northeast corner of aforesaid COLLEGE HEIGHTS ADDITION
9-2 1982, and continuing to the north termination of a cutback line in
9-3 said west line of Argonne Avenue;
9-4 THENCE southwesterly along the said cutback for the west line
9-5 of Argonne Avenue to the southerly termination of said cutback
9-6 line, on the north line of Kipling Street;
9-7 THENCE westerly along the north line of Kipling Street to a
9-8 point for corner, same being the south termination of a cutback
9-9 line for the existing east line of Kirby Drive;
9-10 THENCE northwesterly along said cutback line to a point for
9-11 corner, on the existing east line of Kirby Drive;
9-12 THENCE northerly along the existing east line of Kirby Drive
9-13 to the southerly termination of a cutback line for Cameron Street;
9-14 THENCE northeasterly along the said cutback line for Cameron
9-15 Street to the POINT OF BEGINNING.
9-16 TRACT EIGHT (8)
9-17 A tract of land being part of and out of Block 28 of COLLEGE
9-18 HEIGHT, a subdivision of land according to the map or plat thereof
9-19 recorded in Volume 3, Page 38B of the Harris County Map Records,
9-20 said tract being more particularly described as follows:
9-21 BEGINNING at the intersection of the existing east line of
9-22 Kirby Drive with the south line of Kipling Street;
9-23 THENCE easterly along the south line of Kipling Street to the
9-24 intersection of the west line of Argonne Avenue with the south line
9-25 of Kipling Street;
10-1 THENCE southerly along the west line of Argonne Avenue to the
10-2 intersection of the north line of Steel Street with the west line
10-3 of Argonne Avenue;
10-4 THENCE westerly along the north line of Steel Street to the
10-5 intersection of the existing east line of Kirby Drive with the
10-6 north line of Steel Street;
10-7 THENCE northerly along the existing east line of Kirby Drive
10-8 to the POINT OF BEGINNING.
10-9 TRACT NINE (9)
10-10 A tract of land being part of and out of Block 23 of COLLEGE
10-11 HEIGHTS, a subdivision of land according to the map or plat thereof
10-12 recorded in Volume 3, Page 38B of the Harris County Map Records,
10-13 said tract being more particularly described as follows:
10-14 BEGINNING the intersection of the existing east line of Kirby
10-15 Drive with the south line of Steel Street;
10-16 THENCE easterly along the south line of Steel Street to the
10-17 intersection of the west line of Argonne Avenue with the south line
10-18 of Steel Street;
10-19 THENCE southerly along the west line of Argonne Avenue to the
10-20 intersection of the existing north line of West Alabama Street with
10-21 the west line of Argonne Avenue;
10-22 THENCE westerly along the existing north line of West Alabama
10-23 Street to the intersection of the existing east line of Kirby Drive
10-24 with the existing north line of West Alabama Street;
10-25 THENCE northerly along the existing east line of Kirby Drive
11-1 to the POINT OF BEGINNING.
11-2 TRACT TEN (10)
11-3 A tract of land being part of and out of Block 46 of COLLEGE
11-4 HEIGHTS, a subdivision of land according to the map or plat thereof
11-5 recorded in Volume 3, Page 38B of the Harris County Map Records,
11-6 said tract being more particularly described as follows:
11-7 BEGINNING at the intersection of the existing southerly line
11-8 of Westheimer Road with the existing west line of Kirby Drive;
11-9 THENCE southerly along the existing west line of Kirby Drive
11-10 to the intersection of the north line of Cameron Street with the
11-11 existing west line of Kirby Drive;
11-12 THENCE westerly along the north line of Cameron Street to the
11-13 intersection of the east line of Lake Street with the north line of
11-14 Cameron Street;
11-15 THENCE northerly along the east line of Lake Street to the
11-16 intersection of the existing southerly line of Westheimer Road with
11-17 the east line of Lake Street;
11-18 THENCE easterly along the existing southerly line of
11-19 Westheimer Road to the POINT OF BEGINNING.
11-20 TRACT ELEVEN (11)
11-21 A tract of land being part of and out Block 41 of COLLEGE
11-22 HEIGHTS, a subdivision of land according to the map or plat thereof
11-23 recorded in Volume 3, Page 38B of the Harris County Map Records,
11-24 and being a portion of abandoned Lake Street adjoining the west
11-25 side of said Block 41 (as shown on said map of COLLEGE HEIGHTS),
12-1 said tract being more particularly described as follows:
12-2 BEGINNING at the intersection of the existing west line of
12-3 Kirby Drive with the south line of Cameron Street;
12-4 THENCE southerly along the existing west line of Kirby Drive
12-5 to the intersection of the north line of Rosamond Street with the
12-6 existing west line of Kirby Drive;
12-7 THENCE westerly along the north line of Rosamond Street to
12-8 the Southeast corner of the REGENCY HOUSE CONDOMINIUMS, a
12-9 condominium subdivision according to the map or plat thereof
12-10 recorded in Volume 107, Page 101 of the Condominium Records of
12-11 Harris County, Texas;
12-12 THENCE northerly along the east line of the said REGENCY
12-13 HOUSE CONDOMINIUMS to the most easterly northeast corner of said
12-14 REGENCY HOUSE CONDOMINIUMS, on the south line of Cameron Street;
12-15 THENCE easterly along the south line of Cameron Street to the
12-16 POINT OF BEGINNING.
12-17 TRACT TWELVE (12)
12-18 A tract of land being part of and out of Blocks 33 and 34 of
12-19 COLLEGE HEIGHTS, a subdivision of land according to the map or plat
12-20 thereof recorded in Volume 3, Page 38B of the Harris County Map
12-21 Records, and a portion of abandoned Lake Street (50 feet wide)
12-22 lying between said Blocks 33 and 34, said tract being more
12-23 particularly described as follows:
12-24 BEGINNING at the intersection of the existing west line of
12-25 Kirby Drive with the south line of Rosamond Street;
13-1 THENCE southerly along the existing west line of Kirby Drive,
13-2 approximately 240 feet to the intersection of the north line of
13-3 Kipling Street with the existing west line of Kirby Drive;
13-4 THENCE westerly along the north line of Kipling Street to the
13-5 intersection of the east line of Virginia Avenue with the north
13-6 line of Kipling Street;
13-7 THENCE northerly along the east line of Virginia Avenue,
13-8 approximately 240 feet to the intersection of the south line of
13-9 Rosamond Street with the east line of Virginia Avenue;
13-10 THENCE easterly along the south line of Rosamond Street to
13-11 the POINT OF BEGINNING.
13-12 TRACT THIRTEEN (13)
13-13 A tract of land being part of and out of Blocks 29 and 30 of
13-14 COLLEGE HEIGHTS, a subdivision of land according to the map or plat
13-15 thereof recorded in Volume 3, Page 38B of the Harris County Map
13-16 Records, and a portion of abandoned Lake Street (50 feet wide)
13-17 lying between said Block 29 and 30, said tract being more
13-18 particularly described as follows:
13-19 BEGINNING at the intersection of the existing west line of
13-20 Kirby Drive with the south line of Kipling Street;
13-21 THENCE southerly along the existing west line of Kirby Drive
13-22 to the intersection of the north line of Steel Street with the
13-23 existing west line of Kirby Drive;
13-24 THENCE westerly along the north line of Steel Street to the
13-25 intersection of the east line of Virginia Street with the north
14-1 line of Steel Street;
14-2 THENCE northerly along the east line of Virginia Street to
14-3 the northwest corner of Lot 9 of said Block 30;
14-4 THENCE easterly along the northerly line of Lots 9 through
14-5 13, respectively, of said Block 30, to the common corner of Lots 3,
14-6 4, 13 and 14 of said Block 30;
14-7 THENCE northerly along the common line of said Lots 3 and 4,
14-8 approximately 122 feet to the common northerly corner of said Lots
14-9 3 and 4, on the south line of Kipling Street;
14-10 THENCE easterly along the south line of Kipling Street to the
14-11 POINT OF BEGINNING.
14-12 TRACT FOURTEEN (14)
14-13 A tract of land being part of and out of Blocks 21 and 22 of
14-14 COLLEGE HEIGHTS, a subdivision of land according to the map or plat
14-15 thereof recorded in Volume 3, Page 38B of the Harris County Map
14-16 Records, said tract being more particularly described as follows:
14-17 BEGINNING at the intersection of the existing west line of
14-18 Kirby Drive with the south line of Steel Street;
14-19 THENCE southerly along the existing west line of Kirby Drive
14-20 to the intersection of the existing north line of West Alabama
14-21 Street;
14-22 THENCE westerly along the existing north line of West Alabama
14-23 Street to the intersection of the east line of Virginia Street with
14-24 the existing north line of West Alabama Street;
14-25 THENCE northerly along the east line of Virginia Street to
15-1 the intersection of the south line of Steel Street with the east
15-2 line of Virginia Street;
15-3 THENCE easterly along the south line of Steel Street to the
15-4 POINT OF BEGINNING.
15-5 TRACT FIFTEEN (15)
15-6 A tract of land being part of and out of Commercial Block
15-7 Seven (7) of the Second Replat of DAVID CROCKETT, a subdivision of
15-8 land according to the map or plat thereof recorded in Volume 31,
15-9 Page 35 of the Harris County Map Records, said tract being more
15-10 particularly described as follows:
15-11 BEGINNING at the intersection of the existing south line of
15-12 West Alabama Street with the existing west line of Kirby Drive;
15-13 THENCE southerly along the existing west line of Kirby Drive
15-14 to the intersection of the north line of West Main Street with the
15-15 existing west line of Kirby Drive;
15-16 THENCE westerly along the north line of West Main Street to
15-17 the intersection of the east line of Lake Street with the north
15-18 line of West Main Street;
15-19 THENCE northerly along the east line of Lake Street to the
15-20 intersection of the existing south line of West Alabama Street with
15-21 the east line of Lake Street;
15-22 THENCE easterly along the existing south line of West Alabama
15-23 Street to the POINT OF BEGINNING.
15-24 TRACT SIXTEEN (16)
15-25 A tract of land being part of and out of Block One (1) of
16-1 DAVID CROCKETT, a subdivision of land according to the map or plat
16-2 thereof recorded in Volume 31, Page 35 of the Harris County Map
16-3 Records, said tract being more particularly described as follows:
16-4 BEGINNING at the intersection of the existing west line of
16-5 Kirby Drive with the south line of West Main Street;
16-6 THENCE southerly along the existing west line of Kirby Drive
16-7 to the intersection of the north line of Colquitt Street with the
16-8 existing west line of Kirby Drive;
16-9 THENCE westerly along the north line of Colquitt Street to
16-10 the intersection of the east line of Lake Street with the north
16-11 line of Colquitt Street;
16-12 THENCE northerly along the east line of Lake Street to the
16-13 intersection of the south line of West Main Street with the east
16-14 line of Lake Street;
16-15 THENCE easterly along the south line of West Main Street to
16-16 the POINT OF BEGINNING.
16-17 TRACT SEVENTEEN (17)
16-18 A tract of land being part of and out of Block 13 and 16 of
16-19 COLLEGE HEIGHTS, a subdivision of land according to the map or plat
16-20 thereof recorded in Volume 3, Page 38B of the Harris County Map
16-21 Records, and being a portion of abandoned Elmo Street lying between
16-22 said Blocks 13 and 16, and also being a part of and out Block A of
16-23 DOZIER ADDITION, a subdivision of land according to the map or plat
16-24 thereof recorded in Volume 302, Page 300 of the Harris County Deed
16-25 Records, said tract being more particularly described as follows:
17-1 BEGINNING at the intersection of the existing east line of
17-2 Kirby Drive with the existing south line of West Alabama Street;
17-3 THENCE easterly along the existing south line of West Alabama
17-4 Street to the intersection of the west line of Argonne Avenue with
17-5 the existing south line of West Alabama Street;
17-6 THENCE southerly along the west line of Argonne Avenue to the
17-7 intersection of the north line of Branard Street with the west line
17-8 of Argonne Avenue;
17-9 THENCE westerly along the north line of Branard Street to the
17-10 intersection of the existing east line of Kirby Drive with the
17-11 north line of Branard Street;
17-12 THENCE northerly along the existing east line of Kirby Drive
17-13 to the POINT OF BEGINNING.
17-14 TRACT EIGHTEEN (18)
17-15 A tract of land being part of and out of Block F of DOZIER
17-16 ADDITION, according to the map or plat thereof recorded in Volume
17-17 302, Page 300 of the Harris County Deed Records,
17-18 and being and part of and out of Tract No. 1 of the GEORGE RICH
17-19 SUBDIVISION,
17-20 according to the map or plat thereof recorded in Volume 25, Page 25
17-21 of the Harris County Map Records, said tract being more
17-22 particularly described as follows:
17-23 BEGINNING at the intersection of the existing east line of
17-24 Kirby Drive with the south line of Branard Street;
17-25 THENCE easterly along the south line of Branard Street to the
18-1 intersection of the west line of Argonne Street with the south line
18-2 of Branard Street;
18-3 THENCE southerly along the west line of Argonne Street to the
18-4 Southeast corner of said Block F, on the southerly termination of
18-5 Argonne Street, same being the north line of aforesaid GEORGE RICH
18-6 SUBDIVISION;
18-7 THENCE westerly along the north line of said GEORGE RICH
18-8 SUBDIVISION, same being the south line of said Block F, to the
18-9 common north corner of Lot 5 of aforesaid Tract No. 1, and Lot 1 of
18-10 Tract No. 2 of said GEORGE RICH SUBDIVISION;
18-11 THENCE southerly along the common line of said Lot 5 of Tract
18-12 No. 1 and Lot 1 of said Tract No. 2 to the common south corner of
18-13 said Lot 5 of Tract No. 1 and Lot 1 of said Tract No. 2, on the
18-14 north line of West Main Street;
18-15 THENCE westerly along the north line of West Main Street to
18-16 the intersection of the existing east line of Kirby Drive with the
18-17 north line of West Main Street;
18-18 THENCE northerly along the existing east line of Kirby Drive
18-19 to the POINT OF BEGINNING.
18-20 TRACT NINETEEN (19)
18-21 A tract of land being part of and out of Block No. 1, Tract
18-22 No. 7, and Tract No. 8 of the GEORGE RICH SUBDIVISION, according to
18-23 the map or plat thereof recorded in Volume 25, Page 25 of the
18-24 Harris County Map Records, said tract being more particularly
18-25 described as follows:
19-1 BEGINNING at the intersection of the existing east line of
19-2 Kirby Drive with the south line of West Main Street;
19-3 THENCE easterly along the south line of West Main Street to
19-4 the northeast corner of a tract of land described in deed recorded
19-5 in County Clerk's File No. G455073 in the Harris County Clerk's
19-6 Official Public Records of Real Property;
19-7 THENCE southerly along the east line of said tract described
19-8 in File No. G455073 to the southeast corner of said tract, on the
19-9 north line of Block No. 1;
19-10 THENCE westerly along the north line of said Block No. 1 to
19-11 the northeast corner of a tract of land heretofore described in
19-12 County Clerk's File No. F090331 in the Harris County Clerk's
19-13 Official Public Records of Real Property;
19-14 THENCE southerly along the east line of said tract described
19-15 in File No. F090331 to the southeast corner of said tract, on the
19-16 north line of Richton Street;
19-17 THENCE westerly along the north line of Richton Street to the
19-18 intersection of the existing east line of Kirby Drive with the
19-19 north line of Richton Street;
19-20 THENCE northerly along the existing east line of Kirby Drive
19-21 to the POINT OF BEGINNING.
19-22 TRACT TWENTY (20)
19-23 A tract of land being part of and out of Block No. 2 of the
19-24 GEORGE RICH SUBDIVISION, according to the map or plat thereof
19-25 recorded in Volume 25, Page 25 of the Harris County Map Records,
20-1 and also being comprised of various acreage tracts; said tract
20-2 being more particularly described as follows:
20-3 BEGINNING at the intersection of the existing east line of
20-4 Kirby Drive with the south line of Richton Street;
20-5 THENCE easterly along the south line of Richton Street to the
20-6 common north corner of Lots 5 and 6 of said Block No. 2 of the
20-7 GEORGE RICH SUBDIVISION;
20-8 THENCE southerly along the common line of said Lots 5 and 6,
20-9 approximately 100 feet to the common south corner of said Lots 5
20-10 and 6, on the south line of the said GEORGE RICH SUBDIVISION;
20-11 THENCE easterly along the south line of the said GEORGE RICH
20-12 SUBDIVISION to the northeast corner of a called 2 Acre Tract
20-13 described in Volume 3006, Page 378 of the Harris County Deed
20-14 Records;
20-15 THENCE southerly along the east line of said called 2 Acre
20-16 Tract to a point for corner, on the north line of a called tract
20-17 described in Clerks' File No. L054550 of the Harris County Clerk's
20-18 Official Public Records of Real Property (HCCOPRRP);
20-19 THENCE easterly along the northerly line of said tract
20-20 described in Clerk's File No. L054550 to the northeast corner of
20-21 said tract, on the west line of a tract heretofore described in
20-22 Clerk's File No. B619139 (HCCOPRRP);
20-23 THENCE northerly along the west line of said tract described
20-24 in Clerk's File No. B619139 (HCCOPRRP) to the Northwest corner of
20-25 said tract described in Clerk's File No. B619139, on the south line
21-1 of a tract described in Clerk's File No. J069866 (HCCOPRRP);
21-2 THENCE easterly along, in part, the north line of said tract
21-3 described in Clerk's File No. B619139 (HCCOPRRP), same being the
21-4 south line of said tract described in Clerk's File No. J069866
21-5 (HCCOPRRP) to a re-entrant corner of said tract described in
21-6 Clerk's File No. J069866 (HCCOPRRP);
21-7 THENCE southerly along a west line of said tract described in
21-8 Clerk's File No. J069866 (HCCOPRRP) to a southwest corner of said
21-9 tract described in Clerk's File No. J069866 (HCCOPRRP), on the
21-10 existing north line of Richmond Avenue;
21-11 THENCE westerly along the existing north line of Richmond
21-12 Avenue to the intersection of the existing east line of Kirby Drive
21-13 with the existing north line of Richmond Avenue;
21-14 THENCE northerly along the existing east line of Kirby Drive
21-15 to the POINT OF BEGINNING.
21-16 TRACT TWENTY-ONE (21)
21-17 A tract of land being part of and out of Block A of FORRESTER
21-18 SUBDIVISION, according to the map or plat thereof recorded in
21-19 Volume 327, Page 631 of the Harris County Deed Records, said tract
21-20 being more particularly described as follows:
21-21 BEGINNING at the intersection of the existing west line of
21-22 Kirby Drive with the existing north line of Richmond Avenue;
21-23 THENCE westerly along the existing north line of Richmond
21-24 Avenue to the intersection of the east line of Lake Street with the
21-25 existing north line of Richmond Avenue;
22-1 THENCE northerly along the east line of Lake Street to the
22-2 intersection of the south line of Colquitt Street with the east
22-3 line of Lake Street;
22-4 THENCE easterly along the south line of Colquitt Street to
22-5 the intersection of the existing west line of Kirby Drive with the
22-6 south line of Colquitt Street;
22-7 THENCE southerly along the existing west line of Kirby Drive
22-8 to the POINT OF BEGINNING.
22-9 TRACT TWENTY-TWO (22)
22-10 A tract of land being part of and out of Block B of FORRESTER
22-11 SUBDIVISION, according to the map or plat thereof recorded in
22-12 Volume 327, Page 631 of the Harris County Deed Records, said tract
22-13 being more particularly described as follows:
22-14 BEGINNING at the intersection of the west line of Lake Street
22-15 with the existing north line of Richmond Avenue;
22-16 THENCE westerly along the existing north line of Richmond
22-17 Avenue to the intersection of the east line of Virginia Street with
22-18 the existing north line of Richmond Avenue;
22-19 THENCE northerly along the east line of Virginia Street to
22-20 the northwest corner of Lot 7 of said Block B;
22-21 THENCE easterly along the north line of Lots 7, 8, 9, 10, 11
22-22 and 12, respectively, of said Block B to a point for corner, on the
22-23 west line of Lake Street;
22-24 THENCE southerly along the west line of Lake Street to the
22-25 POINT OF BEGINNING.
23-1 TRACT TWENTY-THREE (23)
23-2 A tract of land being comprised of various acreage tracts,
23-3 and being part of and out of Block C of FORRESTER SUBDIVISION,
23-4 according to the map or plat thereof recorded in Volume 327, Page
23-5 631 of the Harris County Deed Records, said tract being more
23-6 particularly described as follows:
23-7 BEGINNING at the intersection of the existing north line of
23-8 Richmond Avenue with the west line of Virginia Street;
23-9 THENCE westerly along the existing north line of Richmond
23-10 Avenue to the intersection of the existing easterly line of
23-11 Eastside Avenue with the existing north line of Richmond Avenue;
23-12 THENCE northerly along the existing easterly line of Eastside
23-13 Avenue being a curve to the left to the northwest corner of the
23-14 herein described tract, on the south line of CRAWFORD ADDITION,
23-15 according to the map or plat thereof recorded in Volume 2, Page 12
23-16 of the Harris County Map Records;
23-17 THENCE easterly along the north line of the herein described
23-18 tract, same being the south line of said of CRAWFORD ADDITION,
23-19 passing the southwest corner of a Replat of a Portion of CRAWFORD
23-20 ADDITION, according to the map or plat thereof recorded in Volume
23-21 30, Page 45 of the Harris County Map Records, and continuing along
23-22 the south line of said Replat of a Portion of CRAWFORD ADDITION, to
23-23 a point for corner, on the west line of the Replat of DAVID
23-24 CROCKETT SUBDIVISION, according to the map or plat thereof recorded
23-25 in Volume 31, Page 35 of the Harris County Map Records;
24-1 THENCE southerly along the west line of said Replat of DAVID
24-2 CROCKETT SUBDIVISION, passing the southwest corner of said Replat
24-3 of DAVID CROCKETT SUBDIVISION, also passing along the west
24-4 termination line of Colquitt Street, and continuing along the west
24-5 line of aforesaid Block C of FORRESTER SUBDIVISION to the northwest
24-6 corner of Lot 7 of said Block C;
24-7 THENCE easterly along the common north line of Lots 7, 8, 9,
24-8 10, 11 and 12, respectively, of said Block C to the northeast
24-9 corner of said Lot 12, on the west line of Virginia Street;
24-10 THENCE southerly along the west line of Virginia Street to
24-11 the POINT OF BEGINNING.
24-12 TRACT TWENTY-FOUR (24)
24-13 A tract of land being comprised of various acreage tracts,
24-14 and also being part of and out Block 3 of MAYFAIR, SECTION TWO, a
24-15 subdivision of land according to the map or plat thereof recorded
24-16 in Volume 998, Page 222 of the Harris County Deed Records, said
24-17 tract being more particularly described by as follows:
24-18 BEGINNING at the intersection of the existing westerly line
24-19 of Eastside Avenue with the existing north line of Richmond Avenue;
24-20 THENCE westerly along the existing north line of Richmond
24-21 Avenue, at a distance of approximately 295 feet pass the east line
24-22 of said Block 3, and continuing to the intersection of the east
24-23 line of Audley Street with the existing north line of Richmond
24-24 Avenue;
24-25 THENCE northerly along the east line of Audley Street to the
25-1 intersection of the south line of Colquitt Avenue with the east
25-2 line of Audley Street;
25-3 THENCE easterly along the south line of Colquitt Avenue to
25-4 the northeast corner of Block 3, on the east termination line of
25-5 Colquitt Avenue;
25-6 THENCE northerly along the east termination of Colquitt
25-7 Avenue, same being the east line of said MAYFAIR, SECTION TWO,
25-8 approximately 150 feet to the northeast corner of Lot 4 of Block 2
25-9 of said MAYFAIR, SECTION TWO, on the south line of MAYFAIR, SECTION
25-10 ONE, a subdivision of land according to the map or plat thereof
25-11 recorded in Volume 998, Page 144 of the Harris County Deed Records;
25-12 THENCE easterly along the south line of said MAYFAIR, SECTION
25-13 ONE, passing the southeast corner of said MAYFAIR, SECTION ONE,
25-14 same being the southwest corner of CRAWFORD ADDITION, according to
25-15 the map or plat thereof recorded in Volume 2, Page 12 of the Harris
25-16 County Map Records, and continuing to the northeast corner of the
25-17 herein described tract, on the existing westerly line of Eastside
25-18 Avenue;
25-19 THENCE southerly along the westerly line of Eastside Avenue
25-20 being a curve to the right approximately 356.59 feet to the POINT
25-21 OF BEGINNING.
25-22 TRACT TWENTY-FIVE (25)
25-23 A tract of land being comprised of two acreage tracts, and
25-24 also being part of and out of Block 4 of MAYFAIR, SECTION TWO, a
25-25 subdivision of land according to the map or plat thereof recorded
26-1 in Volume 998, Page 222 of the Harris County Deed Records, said
26-2 tract being more particularly described as follows:
26-3 BEGINNING at the intersection of the existing easterly line
26-4 of Buffalo Speedway with the existing northerly line of Richmond
26-5 Avenue;
26-6 THENCE northwesterly along a cutback line for the easterly
26-7 line of Buffalo Speedway, approximately 41.6 feet to an angle
26-8 point;
26-9 THENCE northerly continuing along the easterly line of
26-10 Buffalo Speedway approximately 231.68 feet to the northwest corner
26-11 of the herein described tract;
26-12 THENCE easterly along the northerly line of the herein
26-13 described tract, along the south line of the RIVER OAKS APARTMENTS,
26-14 a subdivision of land according to the map or plat thereof recorded
26-15 in Volume 345, Page 25 of the Harris County Map Records,
26-16 approximately 530.66 feet to a point for corner, on the west
26-17 termination line of Colquitt Avenue, same being the west line of
26-18 aforesaid MAYFAIR, SECTION TWO;
26-19 THENCE southerly along the west line of said MAYFAIR, SECTION
26-20 TWO, same being the west termination line of Colquitt Avenue, to
26-21 the northwest corner of Block 4 of said MAYFAIR, SECTION TWO;
26-22 THENCE easterly along the south line of Colquitt Avenue to
26-23 intersection of the west line of Audley Street with the south line
26-24 of Colquitt Avenue;
26-25 THENCE southerly along the west line of Audley Street to the
27-1 intersection of the existing northerly line of Richmond Avenue with
27-2 the west line of Audley Street;
27-3 THENCE westerly along the existing northerly line of Richmond
27-4 Avenue to the POINT OF BEGINNING.
27-5 TRACT TWENTY-SIX(26)
27-6 A tract of land being comprised of various acreage tracts,
27-7 and being part of and out of MAYFAIR, SECTION 2, a subdivision of
27-8 land according to the map or plat thereof recorded in Volume 998,
27-9 Page 222 of the Harris County Deed Records, and also being part of
27-10 and out of PARKFRONT PLAZA, SECTION 1, a subdivision of land
27-11 according to the map or plat recorded in Volume 48, Page 69 of the
27-12 Harris County Map Records, and also being part of and out of
27-13 PARKFRONT PLAZA, SECTION 2, a subdivision of land according to the
27-14 map or plat thereof recorded in Volume 54, Page 53 of the Harris
27-15 County Map Records, said tract being more particularly described as
27-16 follows:
27-17 BEGINNING at the intersection of the existing southerly line
27-18 of Richmond Avenue with the easterly line of Buffalo Speedway;
27-19 THENCE easterly along the existing southerly line of Richmond
27-20 Avenue, passing the west line of said MAYFAIR, SECTION 2, and
27-21 continuing to the intersection of the west line of Wakeforest
27-22 Street with the existing south line of Richmond Avenue;
27-23 THENCE southerly along the west line of Wakeforest Street,
27-24 approximately 385.58 feet to a re-entrant in said west line of
27-25 Wakeforest Street;
28-1 THENCE westerly along a northerly line of Wakeforest Street,
28-2 approximately 32.5 feet to a re-entrant corner of Wakeforest
28-3 Street;
28-4 THENCE southerly along the west line of Wakeforest Street,
28-5 approximately 648.33 feet to the intersection of the existing
28-6 northerly line of U.S. Highway 59 South with the west line of
28-7 Wakeforest Street;
28-8 THENCE in westerly and southwesterly directions along the
28-9 existing northerly line of U.S. Highway 59 South to the southerly
28-10 termination of a cutback line at the northeast corner of Buffalo
28-11 Speedway and U.S. Highway 59 South;
28-12 THENCE northwesterly along said cutback line at the northeast
28-13 corner of Buffalo Speedway and U.S. Highway 59 South, approximately
28-14 70.13 feet to the northerly termination of said cutback line;
28-15 THENCE, continuing northwesterly, along the existing easterly
28-16 line of Buffalo Speedway to the POINT OF BEGINNING, "save and
28-17 except" all public street or public rights-of-way areas contained
28-18 therein, including Eastside Avenue, Norfolk Street, Audley Drive
28-19 and Portsmouth Street.
28-20 TRACT TWENTY-SEVEN (27)
28-21 A tract of land being part of and out of Block 2 of 2701
28-22 RICHMOND AVENUE, a subdivision of land according to the map or plat
28-23 thereof recorded in Volume 151, page 55 of the Harris County Map
28-24 Records, said tract being more particularly described as follows:
28-25 BEGINNING at the intersection of the existing southerly line
29-1 of Richmond Avenue with the existing west line of Kirby Drive;
29-2 THENCE southerly along the existing west line of Kirby Drive
29-3 to the intersection of the north line of Norfolk Avenue with the
29-4 existing west line of Kirby Drive;
29-5 THENCE westerly along the north line of Norfolk Avenue to the
29-6 intersection of the east line of Lake Street with the north line of
29-7 Norfolk Avenue;
29-8 THENCE northerly along the east line of Lake Street to the
29-9 intersection of the existing southerly line of Richmond Avenue with
29-10 the east line of Lake Street;
29-11 THENCE easterly along the courses of the existing southerly
29-12 line of Richmond Avenue to the POINT OF BEGINNING.
29-13 TRACT TWENTY-EIGHT (28)
29-14 A tract of land being part of and out of Block 1 of MARIAN
29-15 SUBDIVISION, according to the map or plat thereof recorded in
29-16 Volume 292, Page 520 of the Harris County Deed Records, said tract
29-17 being more particularly described as follows:
29-18 BEGINNING at the intersection of the existing southerly line
29-19 of Richmond Avenue with the existing east line of Kirby Drive;
29-20 THENCE easterly along the existing southerly line of Richmond
29-21 Avenue to the intersection of the west line of Park Street with the
29-22 existing southerly line of Richmond Avenue;
29-23 THENCE southerly along the west line of Park Street to the
29-24 intersection of the north line of Portsmouth Avenue with the west
29-25 line of Park Street;
30-1 THENCE westerly along the north line of Portsmouth Avenue to
30-2 the intersection of the existing east line of Kirby Drive with the
30-3 north line of Portsmouth Avenue;
30-4 THENCE northerly along the existing east line of Kirby Drive
30-5 to the POINT OF BEGINNING.
30-6 TRACT TWENTY-NINE (29)
30-7 A tract of land being part of and out of Block 2 of MARIAN
30-8 SUBDIVISION, according to the map or plat thereof recorded in
30-9 Volume 292, Page 520 of the Harris County Deed Records, said tract
30-10 being more particularly described as follows:
30-11 BEGINNING at the intersection of the existing southerly line
30-12 of Richmond Avenue with the east line of Park Street;
30-13 THENCE easterly along the existing southerly line of Richmond
30-14 Avenue to the intersection of the west line of Revere Street with
30-15 the existing southerly line of Richmond Avenue;
30-16 THENCE southerly along the west line of Revere Street to the
30-17 intersection of the north line of Portsmouth Avenue with the west
30-18 line of Revere Street;
30-19 THENCE westerly along the north line of Portsmouth Avenue to
30-20 the intersection of the east line of Park Street with the north
30-21 line of Portsmouth Avenue;
30-22 THENCE northerly along the east line of Park Street to the
30-23 POINT OF BEGINNING.
30-24 TRACT THIRTY (30)
30-25 A tract of land being part of and out of Lots 5 thru 11,
31-1 Block 3 of COLQUITT COURT, SECTION 2, a subdivision of land
31-2 according to the map or plat thereof recorded in Volume 17, Page 60
31-3 of the Harris County Map Records, and also being part of and out of
31-4 the SHOPS AT GREENBRIAR & RICHMOND, a subdivision of land according
31-5 to the map or plat thereof recorded in Volume 332, Page 150 of the
31-6 Harris County Map Records, and also being part of and out of those
31-7 tracts of land heretofore described in Clerk's File No. F070767 of
31-8 the Harris County Clerk's Official Public Records of Real Property,
31-9 and being part of and out of Lots 1 thru 7, Block 7 of MARIAN
31-10 SUBDIVISION, a subdivision of land according to the map or plat
31-11 recorded in Volume 292, Page 520 of the Harris County Deed Records,
31-12 said tract being more particularly described as follows:
31-13 BEGINNING at the intersection of the existing southerly line
31-14 of Richmond Avenue with the east line of Revere Street;
31-15 THENCE along the existing southerly line of Richmond Avenue
31-16 to the northerly termination point of a cutback for the existing
31-17 west line of Greenbriar Drive;
31-18 THENCE southeasterly along the said cutback line for
31-19 Greenbriar Drive to the southerly termination of said cutback line;
31-20 THENCE southerly along the existing west line of Greenbriar
31-21 Drive to the northerly termination of a cutback line for Portsmouth
31-22 Avenue;
31-23 THENCE southwesterly along the said cutback line for
31-24 Portsmouth Avenue to the southerly termination of said cutback
31-25 line;
32-1 THENCE westerly along the north line of Portsmouth Avenue to
32-2 the southwest corner of said SHOPS AT GREENBRIAR & RICHMOND
32-3 subdivision;
32-4 THENCE northerly along the west line of said SHOPS AT
32-5 GREENBRIAR & RICHMOND subdivision to a re-entrant corner of said
32-6 SHOPS AT GREENBRIAR & RICHMOND subdivision;
32-7 THENCE westerly along a south line of said SHOPS AT
32-8 GREENBRIAR & RICHMOND subdivision passing the most northerly
32-9 southwest corner of said SHOPS AT GREENBRIAR & RICHMOND
32-10 subdivision, and continuing along the south line of aforesaid Lots
32-11 5 thru 11, respectively, Block 3 of COLQUITT COURT, SECTION 2 to
32-12 the southwest corner of said Lot 12;
32-13 THENCE northerly along the west line of said Block 3 to the
32-14 southeast corner of the aforesaid tract described in Clerk's File
32-15 No. F070767;
32-16 THENCE westerly along the south line of said tract described
32-17 in Clerk's File No. F070767, and continuing along the south line of
32-18 aforesaid Lots 1 thru 7, respectively, of Block 7 of MARIAN
32-19 SUBDIVISION, to a point for corner, on the east line of Revere
32-20 Street;
32-21 THENCE northerly along the east line of Revere Street to the
32-22 POINT OF BEGINNING, "save and except" any land contained within Lot
32-23 12, Block 3 of aforesaid COLQUITT COURT.
32-24 TRACT THIRTY-ONE (31)
32-25 A tract of land being part of and out Block 4 of MARIAN
33-1 SUBDIVISION, according to the map or plat thereof recorded in
33-2 Volume 292, Page 520 of the Harris County Deed Records, said tract
33-3 being more particularly described as follows:
33-4 BEGINNING at the intersection of the south line of Portsmouth
33-5 Avenue with the east line of Park Street;
33-6 THENCE easterly along the south line of Portsmouth Avenue to
33-7 the intersection of the west line of Revere Street with the south
33-8 line of Portsmouth Avenue;
33-9 THENCE southerly along the west line of Revere Street to the
33-10 intersection of the north line Norfolk Street with the west line of
33-11 Revere Street;
33-12 THENCE westerly along the north line of Norfolk Street to the
33-13 intersection of the east line of Park Street with the north line of
33-14 Norfolk Street;
33-15 THENCE northerly along the east line of Park Street to the
33-16 POINT OF BEGINNING.
33-17 TRACT THIRTY-TWO (32)
33-18 A tract of land being part of and out of Block 3 of MARIAN
33-19 SUBDIVISION, according to the map or plat thereof recorded in
33-20 Volume 292, Page 520 of the Harris County Deed Records, said tract
33-21 being more particularly described as follows:
33-22 BEGINNING at the intersection of the existing east line of
33-23 Kirby Drive with the south line of Portsmouth Avenue;
33-24 THENCE easterly along the south line of Portsmouth Avenue to
33-25 the intersection of the west line of Park Street with the south
34-1 line of Portsmouth Avenue;
34-2 THENCE southerly along the west line of Park Street to the
34-3 intersection of the north line of Norfolk Street with the west line
34-4 of Park Street;
34-5 THENCE westerly along the north line of Norfolk Street to the
34-6 intersection of the existing east line of Kirby Drive with the
34-7 north line of Norfolk Street;
34-8 THENCE, northerly along the existing east line of Kirby Drive
34-9 to the POINT OF BEGINNING.
34-10 TRACT THIRTY-THREE (33)
34-11 A tract of land being various acreage tracts, and also being
34-12 part of and out of Plots No. 1 and No. 4 of GREENBRIAR COURT, a
34-13 subdivision of land according to the map or plat thereof recorded
34-14 in Volume 24, Page 54 of the Harris County Map Records, said tract
34-15 being more particularly described as follows:
34-16 BEGINNING at the intersection of the existing northerly line
34-17 of U.S. Highway 59 South with the existing westerly line for
34-18 Greenbriar Drive;
34-19 THENCE westerly along the existing northerly line of U.S.
34-20 Highway 59 South, approximately 25 feet to an angle point;
34-21 THENCE southwesterly continuing along the existing northerly
34-22 line of U.S. Highway 59 South, approximately 393.51 feet to an
34-23 angle point;
34-24 THENCE westerly continuing along the existing northerly line
34-25 of U.S. Highway 59 South, approximately 265.3 feet to the
35-1 intersection of the east line of Morningside Drive with the
35-2 existing northerly line of U.S. Highway 59 South;
35-3 THENCE northerly along the east line of Morningside Drive,
35-4 approximately 325.65 feet to the northwest corner of the herein
35-5 described tract, same being the southwest corner of NORFOLK COURT,
35-6 a subdivision of land according to the map or plat thereof recorded
35-7 in Volume 46, Page 66 of the Harris County Map Records;
35-8 THENCE easterly along the south line of said NORFOLK COURT to
35-9 the southeast corner of said NORFOLK COURT, same being the
35-10 southwest corner of aforesaid GREENBRIAR COURT;
35-11 THENCE northerly along the west line of GREENBRIAR COURT to
35-12 the northwest corner of aforesaid Plot No. 1 of GREENBRIAR COURT,
35-13 on the southerly line of Norfolk Street;
35-14 THENCE easterly along the various courses of the southerly
35-15 line of Norfolk Street to the intersection of the existing west
35-16 line of Greenbriar Drive with the southerly line of Norfolk Street;
35-17 THENCE southerly along the existing west line of Greenbriar
35-18 Drive to the POINT OF BEGINNING.
35-19 TRACT THIRTY-FOUR (34)
35-20 A tract of land being comprised of various acreage tracts and
35-21 being part of and out of GRETNA COURTS, a subdivision of land
35-22 according to the map or plat recorded in Volume 34, Page 45 of the
35-23 Harris County Map Records, and also being part of and out Lots 1
35-24 thru 6, Block 5, and Lots 1 thru 6, Block 6, and Reserve A, lying
35-25 between said Blocks 5 and 6, of MARIAN ADDITION, a subdivision of
36-1 land according to the map or plat thereof recorded in Volume 292,
36-2 Page 520 of the Harris County Deed Records, and also being a
36-3 Reserve tract lying between Block 6 and 9 of said MARIAN ADDITION
36-4 as cited in Clerk's File No. L992707 of the Harris County Clerk's
36-5 Official Public Records of Real Property, said tract being more
36-6 particularly described as follows:
36-7 BEGINNING at the intersection of the existing east line of
36-8 Kirby Drive with the existing northerly line of U.S. Highway 59
36-9 South;
36-10 THENCE northerly along the existing east line of Kirby Drive
36-11 to the intersection of the south line of Norfolk Street with the
36-12 existing east line of Kirby Drive;
36-13 THENCE easterly along the south line of Norfolk Street to the
36-14 northeast corner of said Reserve tract lying between Blocks 6 and 9
36-15 of MARIAN ADDITION as cited in Clerk's File No. L992707;
36-16 THENCE southerly along the east line of said Reserve tract as
36-17 cited in Clerk's File No. L992707 to the southeast corner of said
36-18 Reserve tract, on the south line of said MARIAN ADDITION;
36-19 THENCE easterly along the south line of said MARIAN
36-20 SUBDIVISION to the intersection of the west line of Morningside
36-21 Drive with the south line of said MARIAN SUBDIVISION;
36-22 THENCE southerly along the west line of Morningside Drive to
36-23 the intersection of existing northerly line of U.S. Highway 59
36-24 South with the west line of Morningside Drive;
36-25 THENCE westerly along the existing northerly line of U.S.
37-1 Highway 59 South to the POINT OF BEGINNING, "save and except" all
37-2 public streets and rights-of-way including Algerian Way and Lomitas
37-3 Avenue.
37-4 TRACT THIRTY-FIVE (35)
37-5 A tract of land being comprised of various acreage tracts,
37-6 and also being part of and out of CHATHAM PLACE ADDITION, a
37-7 subdivision of land according to the map or plat thereof recorded
37-8 in Volume 31, Page 30 of the Harris County Map Records, and also
37-9 being part of and out of a Partial Re-plat of 0.8639 Acres out of
37-10 WOODMONT ADDITION BLOCK 1, a subdivision of land according to the
37-11 map or plat thereof recorded in Volume 214, Page 77 of the Harris
37-12 County Map Records, said tract being more particularly described as
37-13 follows:
37-14 BEGINNING at the intersection of the existing northerly line
37-15 of U.S. Highway 59 South with the existing westerly line of Kirby
37-16 Drive;
37-17 THENCE westerly along the existing northerly line of U.S.
37-18 Highway 59 South, at approximately 568.8 feet pass the east line of
37-19 Virginia Street, and continuing to the intersection of the east
37-20 line of Wakeforest Street with the existing northerly line of U.S.
37-21 Highway 59 South;
37-22 THENCE northerly along the east line of Wakeforest Street to
37-23 the intersection of the south line of Lexington Street with the
37-24 east line of Wakeforest Street;
37-25 THENCE easterly along the south line of Lexington Street to
38-1 the intersection of the east line of the aforesaid Virginia Street,
38-2 same being the east termination line of said Lexington Street, with
38-3 the south line of Lexington Street;
38-4 THENCE northerly along the east termination line of said
38-5 Lexington Street, passing the northerly point of the east
38-6 termination line, same being the most southerly southeast corner of
38-7 the MADISON PLACE TOWNHOUSE SUBDIVISION according to the map or
38-8 plat thereof recorded in Clerk's Film Code NO. 150-31-0193 in the
38-9 Harris County Clerk's Official Public Records of Real Property, and
38-10 continuing along an easterly line of said MADISON PLACE TOWNHOUSE
38-11 SUBDIVISION to a re-entrant corner of subdivision;
38-12 THENCE easterly along the south line of said MADISON PLACE
38-13 TOWNHOUSE SUBDIVISION to the most southerly southeast corner of
38-14 said subdivision, same being the southwest corner of aforesaid
38-15 Partial Re-plat of 0.8639 Acres out of WOODMONT ADDITION BLOCK 1;
38-16 THENCE northerly along the most easterly line of said MADISON
38-17 PLACE TOWNHOUSE SUBDIVISION, same being the west line of said
38-18 Partial Re-plat of 0.8639 Acres out of WOODMONT ADDITION BLOCK 1,
38-19 to the intersection of the south line of Norfolk Street with the
38-20 west line of Lake Street;
38-21 THENCE easterly along the south line of Norfolk Street to the
38-22 intersection of a cutback line for Kirby Drive with the south line
38-23 of Norfolk Street;
38-24 THENCE southerly along the existing line of Kirby Drive to an
38-25 angle point;
39-1 THENCE southwesterly continuing along the existing line of
39-2 Kirby Drive, approximately 70.30 feet to the POINT OF BEGINNING,
39-3 "save and except" all public streets and rights-of-way contained
39-4 therein including Virginia Street.
39-5 TRACT THIRTY-SIX (36)
39-6 A tract of land being comprised of various acreage tracts,
39-7 said tract being more particularly described as follows:
39-8 BEGINNING at the intersection of the existing southerly line
39-9 of U.S. Highway 59 South with the easterly line of Buffalo
39-10 Speedway;
39-11 THENCE easterly along the existing southerly line of U.S.
39-12 Highway 59 South, approximately 464.12 feet to the northwest corner
39-13 of LEMANS TOWNHOME CONDOMINIUMS, a subdivision according to the map
39-14 or plat thereof recorded in Volume 104, Page 118 of the Harris
39-15 County Condominium Records;
39-16 THENCE southerly along the wet line of said LEMANS TOWNHOME
39-17 CONDOMINIUMS to the southwest corner of said LEMANS TOWNHOME
39-18 CONDOMINIUMS, on the northerly line of a T&NO railroad
39-19 right-of-way;
39-20 THENCE southwesterly along the northerly line of said T&NO
39-21 railroad right-of-way to the intersection of the easterly line of
39-22 Buffalo Speedway with the northerly line of said T&NO railroad
39-23 right-of-way;
39-24 THENCE northerly along the easterly line of Buffalo Speedway,
39-25 approximately 209 feet to an angle point;
40-1 THENCE northeasterly continuing along the easterly line of
40-2 Buffalo Speedway, approximately 73.35 feet to the POINT OF
40-3 BEGINNING.
40-4 TRACT THIRTY-SEVEN (37)
40-5 A tract of land being comprised of various acreage tracts,
40-6 said tract being more particularly described as follows:
40-7 BEGINNING at the intersection of the existing southerly line
40-8 of U.S. Highway 59 South with the west line of Wakeforest Street;
40-9 THENCE southerly along the west line of Wakeforest Street,
40-10 approximately 352.87 feet to the intersection of the northerly line
40-11 of a T&NO railroad right-of-way with the west line of Wakeforest
40-12 Street;
40-13 THENCE southwesterly along the northerly line of said T&NO
40-14 railroad right-of-way, approximately 1,063.61 feet to the southeast
40-15 corner of the LEMANS TOWNHOME CONDOMINIUMS, a subdivision of land
40-16 according to the map or plat thereof recorded in Volume 104, Page
40-17 118 of the Harris County Condominium Records;
40-18 THENCE northerly along the east line of said LEMANS TOWNHOME
40-19 CONDOMINIUMS to the northeast corner of said LEMANS TOWNHOME
40-20 CONDOMINIUMS, on the existing southerly line of U.S. Highway 59
40-21 South;
40-22 THENCE easterly along the various courses of the existing
40-23 southerly line of U.S. Highway 59 South to the POINT OF BEGINNING.
40-24 TRACT THIRTY-EIGHT (38)
40-25 A tract of land being comprised of various acreage tracts,
41-1 said tract being more particularly described as follows:
41-2 BEGINNING at the intersection of the existing southerly line
41-3 of U.S. Highway 59 South with the existing westerly line of Kirby
41-4 Drive;
41-5 THENCE southeasterly along the existing westerly line of
41-6 Kirby Drive; approximately 70.67 feet to an angle point;
41-7 THENCE southerly continuing along the existing westerly line
41-8 of Kirby Drive, approximately 188.97 feet to the intersection of
41-9 the northerly line of a T&NO railroad right-of-way with the
41-10 existing west line of Kirby Drive;
41-11 THENCE southwesterly along the northerly line of said T&NO
41-12 railroad right-of-way to the intersection of the east line of
41-13 Wakeforest Street with the northerly line of said T&NO railroad
41-14 right-of-way;
41-15 THENCE northerly along the east line of Wakeforest Street,
41-16 approximately 348.89 feet to the intersection of the existing
41-17 southerly line of U.S. Highway 59 South with the east line of
41-18 Wakeforest Street;
41-19 THENCE easterly along the courses of the existing southerly
41-20 line of U.S. Highway 59 South to the POINT OF BEGINNING.
41-21 TRACT THIRTY-NINE (39)
41-22 A tract of land being comprised of several acreage tracts and
41-23 also all of SOUTHEAST KIRBY/59, a subdivision of land according to
41-24 the map or plat thereof recorded in Volume 346, Page 46 of the
41-25 Harris County Map Records, said tract being more particularly
42-1 described as follows:
42-2 BEGINNING at the intersection of the existing southerly line
42-3 of U.S. Highway 59 South with the existing easterly line of Kirby
42-4 Drive, same being the northwest corner of said SOUTHEAST KIRBY/59;
42-5 THENCE easterly along the courses of the existing southerly
42-6 line of U.S. Highway 59 South, approximately 1,677.41 feet to an
42-7 angle point;
42-8 THENCE southeasterly along a cutback line at the southwest
42-9 corner of said U.S. Highway 59 South and Greenbriar Drive,
42-10 approximately 68.54 feet to the southerly termination point of said
42-11 cutback line, on the existing west line of Greenbriar Drive;
42-12 THENCE southerly along the existing west line of Greenbriar
42-13 Drive, approximately 118.61 feet to a point for corner;
42-14 THENCE southwesterly along the northerly line of a T&N0
42-15 railroad right-of-way, approximately 1,110.83 feet to a point for
42-16 corner, being a re-entrant corner in said railroad right-of-way;
42-17 THENCE northerly along said railroad right-of-way to the
42-18 southeast corner of aforesaid SOUTHEAST KIRBY/59;
42-19 THENCE southwesterly along the southerly line of said
42-20 SOUTHEAST KIRBY/59, same being the northerly line of said T&NO
42-21 railroad right-of-way, approximately 653.22 feet to the
42-22 intersection of the existing east line of Kirby Drive with the
42-23 northerly line of said T&NO railroad right-of-way, same being the
42-24 southwest corner of said SOUTHEAST KIRBY/59;
42-25 THENCE northerly along the courses of the existing east line
43-1 of Kirby Drive, for an approximate total distance of 240.14 feet to
43-2 the POINT OF BEGINNING.
43-3 TRACT FORTY (40)
43-4 A tract of land being comprised of various acreage tracts,
43-5 said tract being more particularly described as follows:
43-6 BEGINNING at the intersection of the north line of MELLON
43-7 SUBDIVISION according to the map or plat thereof recorded in Volume
43-8 572, Page 276 of the Harris County Deed Records with the existing
43-9 east line of Kirby Drive;
43-10 THENCE northerly along the existing east line of Kirby Drive,
43-11 approximately 362.7 feet to a point for corner;
43-12 THENCE northeasterly along the northerly line of the herein
43-13 described tract, approximately 675.31 feet to a point for corner;
43-14 THENCE northerly for a distance of 29.58 feet to a point for
43-15 corner;
43-16 THENCE northeasterly along the northerly line of the herein
43-17 described tract, approximately 1,113.43 feet to a point for corner,
43-18 on the existing west line of Greenbriar Drive;
43-19 THENCE southerly along the west line of Greenbriar Drive,
43-20 approximately 502.10 feet to the intersection of the north line of
43-21 Block 1 of GREENBRIAR SUBDIVISION, according to the map or plat
43-22 thereof recorded in Volume 998, Page 411 of the Harris County Deed
43-23 Records with the west line of Greenbriar Drive;
43-24 THENCE westerly along the north line of said Block 1 to the
43-25 northwest corner of said GREENBRIAR SUBDIVISION;
44-1 THENCE southerly along the west line of said GREENBRIAR
44-2 SUBDIVISION, to the northeast corner of Lot 11, Block 2 of
44-3 aforesaid MELLON SUBDIVISION;
44-4 THENCE westerly along the north line of said MELLON
44-5 SUBDIVISION to the POINT OF BEGINNING.
44-6 TRACT FORTY-ONE (41)
44-7 A tract of land being part of and out of Block 1 of MELLON
44-8 SUBDIVISION, according to the map or plat thereof recorded in
44-9 Volume 572, Page 276 of the Harris County Deed Records, said tract
44-10 being more particularly described by metes and bounds as follows:
44-11 BEGINNING at the intersection of the north line of said
44-12 MELLON SUBDIVISION with the existing east line of Kirby Drive;
44-13 THENCE easterly along the north line of said MELLON
44-14 SUBDIVISION to the northeast corner of Lot 10, Block 1 of said
44-15 MELLON SUBDIVISION;
44-16 THENCE southerly along the east line of said Lot 10 to the
44-17 southeast corner of said Lot 10, on the north line of North
44-18 Boulevard;
44-19 THENCE westerly along the north line of North Boulevard to
44-20 the intersection of the existing east line of Kirby Drive with the
44-21 north line of North Boulevard;
44-22 THENCE northerly along the existing line of Kirby Drive to
44-23 the POINT OF BEGINNING.
44-24 TRACT FORTY-TWO (42)
44-25 A tract of land being part of and out of Block 3 of MELLON
45-1 SUBDIVISION, according to the map or plat thereof recorded in
45-2 Volume 572, Page 276 of the Harris County Deed Records, said tract
45-3 being more particularly described as follows:
45-4 BEGINNING at the intersection of the existing east line of
45-5 Kirby Drive with the south line of North Boulevard;
45-6 THENCE easterly along the south line of North Boulevard to
45-7 the intersection of the west line of Mellon Street with the south
45-8 line of North Boulevard;
45-9 THENCE southerly along the west line of Mellon Street to the
45-10 intersection of the north line of Bartlett Avenue with the west
45-11 line of Mellon Street;
45-12 THENCE westerly along the north line of Bartlett Avenue to
45-13 the intersection of the existing east line of Kirby Drive with the
45-14 north line of Bartlett Avenue;
45-15 THENCE northerly along the existing east line of Kirby Drive
45-16 to the POINT OF BEGINNING.
45-17 TRACT FORTY-THREE (43)
45-18 A tract of land being part of and out of Block 5 of MELLON
45-19 SUBDIVISION, according to the map or plat thereof recorded in
45-20 Volume 572, Page 276 of the Harris County Deed Records, and being
45-21 part of and out of Block 1 of MONONA COURT, a subdivision of land
45-22 according to the map or plat thereof recorded in Volume 7, Page 69
45-23 of the Harris County Map Records, said tract being more
45-24 particularly described as follows:
45-25 BEGINNING at the intersection of the existing east line of
46-1 Kirby Drive with the south line of Bartlett Avenue;
46-2 THENCE easterly along the south line of Bartlett Avenue to
46-3 the Northeast corner of Lot 10, Block 5 of said MELLON SUBDIVISION;
46-4 THENCE southerly along the east line of said Lot 10, Block 5
46-5 of MELLON SUBDIVISION to the southeast corner of said Lot 10, Block
46-6 5 of MELLON SUBDIVISION, and continuing across a reserve or strip
46-7 of land lying between said MELLON SUBDIVISION and MONONA COURT, a
46-8 subdivision of land according to the map or plat recorded in Volume
46-9 7, Page 69 of the Harris County Map Records, to the northeast
46-10 corner of Lot 10, Block 1 of said MONONA COURT;
46-11 THENCE southerly along the east line of said Lot 10, Block 1
46-12 of MONONA COURT, to the southeast corner of said Lot 10, Block 1 of
46-13 MONONA COURT, on the north line of South Boulevard;
46-14 THENCE westerly along the north line of South Boulevard to
46-15 the intersection of the existing east line of Kirby Drive with the
46-16 north line of South Boulevard;
46-17 THENCE northerly along the existing east line of Kirby Drive
46-18 to the POINT OF BEGINNING, "save and except" all public streets or
46-19 rights-of-way or drainage ways contained therein.
46-20 TRACT FORTY-FOUR (44)
46-21 A tract of land being part of and out of Block 2 of MONONA
46-22 COURT, a subdivision of land according to the map or plat thereof
46-23 recorded in Volume 7, Page 69 of the Harris County Map Records,
46-24 said tract being more particularly described as follows:
46-25 BEGINNING at the intersection of the existing east line of
47-1 Kirby Drive with the south line of South Boulevard;
47-2 THENCE easterly along the south line of South Boulevard to
47-3 the northeast corner of Lot 19 of said Block 2;
47-4 THENCE southerly along the east line of said Lot 19, and the
47-5 east line of Lot 20, respectively, to the southeast corner of said
47-6 Lot 20, on the north line of Bissonnet Avenue;
47-7 THENCE westerly along the north line of Bissonnet Avenue to
47-8 the intersection of the existing east line of Kirby Drive with the
47-9 north line of Bissonnet Avenue;
47-10 THENCE northerly along the existing east line of Kirby Drive
47-11 to the POINT OF BEGINNING.
47-12 TRACT FORTY-FIVE (45)
47-13 A tract of land being comprised of two acreage tracts, said
47-14 tract being more particularly described as follows:
47-15 BEGINNING at the intersection of the existing west line of
47-16 Kirby Drive with the north line of Milford Street;
47-17 THENCE westerly along the north line of Milford Street,
47-18 approximately 713.27 feet to a point for corner;
47-19 THENCE northerly along the east line of Milford Street,
47-20 approximately 149.9 feet to a point for corner;
47-21 THENCE northeasterly along the northerly line of the herein
47-22 described tract, approximately 723.5 feet to a point for corner, on
47-23 the existing west line of Kirby Drive;
47-24 THENCE southerly along the existing west line of Kirby Drive,
47-25 approximately 200.9 feet to the POINT OF BEGINNING.
48-1 TRACT FORTY-SIX (46)
48-2 A tract of land being comprised of various acreage tracts,
48-3 said tract being more particularly described as follows:
48-4 BEGINNING at the intersection of the existing west line of
48-5 Kirby Drive with the southerly line of Milford Street;
48-6 THENCE southerly along the existing west line of Kirby Drive,
48-7 approximately 250 feet to the intersection of the north line of
48-8 North Boulevard with the existing west line of Kirby Drive;
48-9 THENCE westerly along the north line of North Boulevard,
48-10 approximately 200 feet to the southeast corner of KIRBY PLACE U/R
48-11 tract as described in Clerk's File No. J827892 of the Harris County
48-12 Clerk's Official Public Records of Real Property;
48-13 THENCE northerly along the east line of said KIRBY PLACE U/R
48-14 tract to the northeast corner of said KIRBY PLACE U/R tract;
48-15 THENCE westerly along the northerly line of said KIRBY PLACE
48-16 U/R tract to the northwest corner of said KIRBY PLACE U/R tract, on
48-17 the east line of Dincans Street;
48-18 THENCE northerly along the east line of Dincans Street to the
48-19 intersection of the south line of Milford Street with the east line
48-20 of Dincans Street;
48-21 THENCE easterly along the south line of Milford Street,
48-22 approximately 537.8 feet to an angle point;
48-23 THENCE southeasterly continuing along a cutback in the
48-24 southerly line of Milford Street to the POINT OF BEGINNING.
48-25 TRACT FORTY-SEVEN (47)
49-1 A tract of land being comprised of various acreage tracts,
49-2 said tract being more particularly described as follows:
49-3 BEGINNING at the intersection of the existing west line of
49-4 Kirby Drive with the south line of North Boulevard;
49-5 THENCE southerly along the existing west line of Kirby Drive,
49-6 approximately 730 feet to the intersection of the existing north
49-7 line of Bissonnet Avenue with the existing west line of Kirby
49-8 Drive;
49-9 THENCE westerly along the existing north line of Bissonnet
49-10 Avenue to the intersection of the east line of Dincans Street with
49-11 the existing north line of Bissonnet Avenue;
49-12 THENCE northerly along the east line of Dincans Street,
49-13 approximately 730 feet to the intersection of the south line of
49-14 North Boulevard with the east line of Dincans Street;
49-15 THENCE easterly along the south line of North Boulevard,
49-16 approximately 561 feet to the POINT OF BEGINNING.
49-17 TRACT FORTY-EIGHT (48)
49-18 A tract of land being comprised of various acreage tracts,
49-19 said tract being more particularly described as follows:
49-20 BEGINNING at the intersection of the existing north line of
49-21 Bissonnet Avenue with the west line of Dincans Street;
49-22 THENCE westerly along the existing north line of Bissonnet
49-23 Avenue to the intersection of the east line of Wakeforest Street
49-24 with the existing north line of Bissonnet Avenue;
49-25 THENCE northerly along the east line of Wakeforest Street to
50-1 the intersection of the southerly line of Westpark Drive with the
50-2 east line of Wakeforest Street;
50-3 THENCE northeasterly along the southerly line of Westpark
50-4 Drive to the intersection of west line of Milford Street with the
50-5 southerly line of Westpark Drive;
50-6 THENCE southerly along the west line of Milford Street,
50-7 approximately 131.04 feet to a re-entrant corner of said Milford
50-8 Street;
50-9 THENCE easterly along the south line of Milford Street,
50-10 approximately 141.38 feet to the intersection of the west line of
50-11 Dincans Street with the south line of Milford Street;
50-12 THENCE southerly along the west line of Dincans Street to the
50-13 POINT OF BEGINNING.
50-14 TRACT FORTY-NINE (49)
50-15 A tract of land being comprised of several acreage tracts,
50-16 and also being part of and out of BISSONNET CENTER, SECTION THREE
50-17 (3), a subdivision of land according to he map or plat thereof
50-18 recorded in Volume 43, Page 75 of the Harris County Map Records,
50-19 said tract being more particularly described as follows:
50-20 BEGINNING at the intersection of the existing north line of
50-21 Bissonnet Avenue with the west line of Wakeforest Street;
50-22 THENCE westerly along the existing north line of Bissonnet
50-23 Avenue, at approximately 798.45 feet pass the east line of Belmont
50-24 Street, and continuing across Belmont Street to the intersection of
50-25 the east line of Buffalo Speedway with the existing north line of
51-1 Bissonnet Avenue;
51-2 THENCE northerly along the east line of Buffalo Speedway, at
51-3 approximately 745.6 feet pass the south line of Purdue Street, and
51-4 continuing across Purdue Street, along and with the existing east
51-5 line of Buffalo Speedway to the intersection of the southerly line
51-6 of Westpark Drive with the existing east line of Buffalo Speedway;
51-7 THENCE northeasterly along the southerly line of Westpark
51-8 Drive to the intersection of the west line of Wakeforest Street
51-9 with the southerly line of Westpark Drive;
51-10 THENCE southerly along the west line of Wakeforest Street,
51-11 approximately 1,307.6 feet to the POINT OF BEGINNING, "save and
51-12 except" all public streets and rights-of-way included therein
51-13 including Purdue Street, Belmont Street and South Boulevard.
51-14 (b) The District may annex or exclude land as provided by
51-15 Subchapter C of Chapter 375.
51-16 (c) A current description of the District's boundaries shall
51-17 be filed with the Commission. Any mistake in the description of
51-18 the District's boundaries may be corrected by order of the
51-19 Commission.
51-20 SECTION 4. FINDINGS RELATING TO BOUNDARIES. (a) The
51-21 legislature finds that the boundaries and field notes of the
51-22 District form a closure.
51-23 (b) If a mistake is made in the field notes or in copying
51-24 the field notes in the legislative process, it in no way
51-25 affects: the organization, existence, and validity of the
52-1 District; the right of the District to issue any type of bonds or
52-2 refunding bonds for the purposes for which the District is created,
52-3 or to pay the principal of and interest on the bonds; the right of
52-4 the District to levy and collect assessments or taxes; or the
52-5 legality or operation of the District or the Board.
52-6 SECTION 5. FINDING OF BENEFIT AND PUBLIC PURPOSE. (a) The
52-7 legislature finds that all of the land and other property included
52-8 within the boundaries of the District will be benefitted by the
52-9 improvements and services to be provided by the District under
52-10 powers conferred by Article III, Section 52, Article XVI, Section
52-11 59, and Article III, Section 52-a, of the Texas Constitution, and
52-12 other powers granted under this Act, and that the District is
52-13 created to serve a public use and benefit.
52-14 (b) The legislature finds that the creation of the District
52-15 is essential to further the public purposes of the development and
52-16 diversification of the economy of the state, the elimination of
52-17 unemployment and underemployment, and the development or expansion
52-18 of transportation and commerce, and is in the public interest. The
52-19 legislature further finds that the District will promote the
52-20 health, safety, and general welfare of residents, employers,
52-21 employees, visitors, and consumers in the District and the general
52-22 public. The District will provide needed funding for the Kirby
52-23 Drive vicinity to preserve, maintain, and enhance the economic
52-24 health and vitality of the area as a community and business center.
52-25 The District will further promote the health, safety, welfare, and
53-1 enjoyment of the public by providing pedestrian ways and by
53-2 landscaping and developing certain areas within the District, which
53-3 are necessary for the restoration, preservation, and enhancement of
53-4 scenic and aesthetic beauty.
53-5 (c) The legislature finds that the present and prospective
53-6 traffic congestion in the District, the need for traffic control
53-7 and the enhancement of the safety of pedestrians, and the limited
53-8 availability of funds require the promotion and development of
53-9 public transportation and pedestrian facilities and systems by new
53-10 and alternative means, and the District will serve the public
53-11 purpose of securing expanded and improved transportation and
53-12 pedestrian facilities and systems. The public transportation and
53-13 pedestrian facilities and systems promoted and developed by the
53-14 District will be attractive, safe, and convenient and will benefit
53-15 not only the land and property in the District, but also the
53-16 residents, employers, employees, visitors, and consumers of the
53-17 District and the general public.
53-18 (d) The legislature finds and determines that pedestrian
53-19 ways along or across a street (whether at grade or above or below
53-20 the surface), and street lighting, street landscaping, and street
53-21 art objects are parts of and necessary components of a street and
53-22 shall be deemed to be a street or road improvement.
53-23 (e) The District will not act as the agent or instrumentally
53-24 of any private interests even though many private interests will be
53-25 benefitted by the District, as will the general public.
54-1 (f) A purpose of this Act is to promote and benefit
54-2 commercial development and commercial areas in the Kirby Drive
54-3 vicinity. Each improvement project or service authorized by this
54-4 Act is found and declared to carry out a public purpose.
54-5 SECTION 6. BOARD OF DIRECTORS. (a) The District is
54-6 governed by a Board of five directors who shall serve for staggered
54-7 terms of four years.
54-8 (b) At the time this Act takes effect, the following persons
54-9 shall constitute the initial Board of the District and are
54-10 appointed for the terms prescribed by subsection (c) of this
54-11 section:
54-12 Pos. No. Name of Director Position Term of Office
54-13 1 A. Lonnie Schiller Director 1997
54-14 2 Roy L. Wakefield Director 1997
54-15 3 W. T. Dickey Director 1999
54-16 4 Morris B. Penner Director 1999
54-17 5 Robert H. Schultz Director 1999
54-18 (c) Of the initial directors, the directors appointed for
54-19 positions 1 and 2 shall serve until June 1, 1997, and the directors
54-20 appointed for positions 3 through 5 shall serve until June 1, 1999.
54-21 (d) Subsequent directors for full terms shall be appointed
54-22 and shall qualify as provided by Subchapter D of Chapter 375. A
54-23 vacancy on the Board due to death, resignation, or removal shall be
54-24 filled by the Board by appointing a qualified person for the
54-25 unexpired term.
55-1 (e) For quorum requirements, concurrence for Board action,
55-2 certain officer duties, and fees of office the Board is governed by
55-3 Sections 54.107 and 54.115, Water Code. With respect to other
55-4 administrative and Board requirements, the Board is governed by
55-5 Subchapter D of Chapter 375.
55-6 SECTION 7. POWERS. (a) The District shall have all of the
55-7 rights, powers, privileges, and authority conferred by the general
55-8 law of this state applicable to districts created under Chapter
55-9 375, including, without limitation, all powers and duties as
55-10 provided by Subchapter E of Chapter 375.
55-11 (b) The District shall have all of the powers of an
55-12 industrial development corporation created under Section 4B of
55-13 Article 5190.6, Vernon's Texas Civil Statutes, and the District is
55-14 authorized to own, operate, acquire, construct, lease, improve, and
55-15 maintain those projects described in Article 5190.6, Section 4B,
55-16 Vernon's Texas Civil Statutes.
55-17 (c) The District is authorized to exercise the powers of an
55-18 entity created under Chapter 394, Local Government Code.
55-19 (d) The District is authorized to contract with a city,
55-20 county, other political subdivision, corporation, or other persons
55-21 to carry out the purposes of the Act upon such terms and conditions
55-22 and for such period of time as the Board may determine. A state
55-23 agency, city, county, other political subdivision, corporation,
55-24 individual, or other entity may contract with the District to carry
55-25 out the purposes of this Act without any further authorization,
56-1 notwithstanding any other law or charter provisions to the
56-2 contrary. Contracts under this subsection may provide for the
56-3 payment, allocation, or rebate of taxes or other available
56-4 revenues, including project income or user fees.
56-5 (e) The District is subject to the competitive bidding
56-6 requirements of Section 375.221 of Chapter 375 for the specified
56-7 public works contracts in excess of $25,000.
56-8 (f) To protect the public interest, the District may
56-9 contract with the City or County for the provision of supplemental
56-10 law enforcement and security services by the City or County on a
56-11 fee basis in the District. The District may also contract with
56-12 private security providers for the purpose of further supplementing
56-13 the services provided by the City or County.
56-14 (g) The District is authorized to adopt a resolution
56-15 authorizing the creation of a nonprofit corporation to aid, assist,
56-16 and act on behalf of the District in the implementation of projects
56-17 or the provision of services authorized by this Act. Without
56-18 further authorization or approval, any such corporation authorized
56-19 to be created by the Board shall be created and its board of
56-20 directors shall be appointed by the Board and shall serve in the
56-21 manner and for the term and on the conditions of the board of a
56-22 local government corporation created pursuant to the provisions of
56-23 Section 4A of Article 1528l, Vernon's Texas Civil Statutes. Any
56-24 corporation so created shall have the powers of and be deemed for
56-25 all purposes to be a local government corporation created pursuant
57-1 to the provisions of Section 4A of the Article 1528l and shall have
57-2 all the powers necessary to implement the projects and provide the
57-3 services authorized by this Act.
57-4 SECTION 8. REVENUES. (a) The District shall have the power
57-5 to impose, levy, assess, charge, and collect ad valorem taxes,
57-6 assessments, impact fees, or other fees, or any combination of
57-7 those revenue sources, in accordance with the provisions of
57-8 Subchapters F, G, and H of Chapter 375 or Chapter 54, Water Code,
57-9 for all purposes specified in Chapter 375 or as may be required to
57-10 accomplish the purposes, functions, powers, and duties for which
57-11 the District is created.
57-12 (b) If authorized at an election held in accordance with
57-13 Section 10 of this Act, the District may levy and collect an annual
57-14 ad valorem tax on taxable property in the District for the
57-15 operation, general upkeep, maintenance, restoration, or replacement
57-16 of the improvements, facilities, works, or services of the
57-17 District. The maintenance tax rate shall be determined by the
57-18 Board.
57-19 (c) An assessment imposed under this Act is a personal
57-20 obligation of the person owning the property on January 1 of the
57-21 year for which the assessment is imposed. A person is not relieved
57-22 of the obligation on transfer of title to the property. On January
57-23 1 of each year, a lien attaches to the property to secure payment
57-24 of an assessment imposed under this Act and the interest, if any,
57-25 on the assessment. The lien has the same priority as a lien for
58-1 taxes of the District. If an assessment imposed under this Act is
58-2 not paid in a timely manner, the District may file suit to
58-3 foreclose the lien securing payment of the assessment and interest
58-4 or to enforce the personal obligation for the assessment and
58-5 interest, or both. The District may recover, in addition to the
58-6 assessment and interest, reasonable costs, including attorney's
58-7 fees, incurred by the District in enforcing the lien or obligation
58-8 not to exceed 20 percent of the delinquent assessment and interest.
58-9 A suit authorized by this subsection must be filed not later than
58-10 the fourth anniversary of the date the assessment became due. An
58-11 assessment delinquent for more than four years and interest on the
58-12 assessment are considered paid unless a suit is filed before the
58-13 expiration of the four-year period. For purposes of title
58-14 insurance policies issued under the authority of Chapter 9,
58-15 Insurance Code, assessments are considered taxes.
58-16 SECTION 9. DEBT. The District shall have the power to issue
58-17 bonds, notes, or other debt obligations in accordance with the
58-18 provisions of Subchapters I and J of Chapter 375 for all purposes
58-19 specified in Chapter 375 or as may be required to accomplish the
58-20 purposes, functions, powers, and duties for which the District is
58-21 created.
58-22 SECTION 10. ELECTIONS. The District shall hold elections as
58-23 provided by Subchapter L of Chapter 375. The Board may submit
58-24 multiple purposes in a single proposition or multiple propositions
58-25 at an election.
59-1 SECTION 11. REINVESTMENT ZONES. All or any part of the area
59-2 of the District is eligible to be included in a tax incremental
59-3 reinvestment zone created by the City under the provisions of
59-4 Chapter 311, Tax Code, or included in a tax abatement reinvestment
59-5 zone created by the City under the provisions of Chapter 312, Tax
59-6 Code.
59-7 SECTION 12. DISSOLUTION OF THE DISTRICT. The District may
59-8 be dissolved as provided in Subchapter M of Chapter 375. If the
59-9 District is dissolved, the District shall remain in existence
59-10 solely for the limited purpose of discharging its bonds or other
59-11 obligations according to their terms.
59-12 SECTION 13. (a) This Act shall be liberally construed in
59-13 conformity with the legislative findings and purposes stated in
59-14 this Act. The District shall have all powers necessary or required
59-15 for the District to be able to accomplish the legislative purposes
59-16 for which the District is created.
59-17 (b) If any provision of general law, including a law
59-18 referenced in this Act, is in conflict with or inconsistent with
59-19 this Act, this Act prevails. All laws or provisions of laws
59-20 referenced in this Act and subsequent amendments to those laws are
59-21 adopted and incorporated into this Act for all purposes and may be
59-22 used by the District independently of each other.
59-23 (c) The District is a unit of government for purposes of
59-24 Chapter 101, Civil Practice and Remedies Code. The operations of
59-25 the District are essential government functions and not proprietary
60-1 functions for all purposes.
60-2 SECTION 14. NOTICE AND CONSENT. The legislature finds that:
60-3 (1) proper and legal notice of the intention to
60-4 introduce this Act, setting forth the general substance of this
60-5 Act, has been published as provided by law, and the notice and a
60-6 copy of this Act have been furnished to all persons, agencies,
60-7 officials, or entities to which they are required to be furnished
60-8 by the constitution and laws of this state, including the governor
60-9 of Texas, who has submitted the notice and Act to the Commission;
60-10 (2) the Commission has filed its recommendations
60-11 relating to this Act with the governor, lieutenant governor, and
60-12 speaker of the house of representatives within the required time;
60-13 (3) the general law relating to consent by political
60-14 subdivisions to the creation of districts with conservation,
60-15 reclamation, and road powers and the inclusion of land in those
60-16 districts has been complied with; and
60-17 (4) all requirements of the constitution and laws of
60-18 this state and the rules and procedures of the legislature with
60-19 respect to the notice, introduction, and passage of this Act have
60-20 been fulfilled and accomplished.
60-21 SECTION 15. SEVERABILITY CLAUSE. The provisions of this Act
60-22 are severable, and if any provision or part of this Act or the
60-23 application thereof to any person or circumstance is held by a
60-24 court of competent jurisdiction to be invalid or unconstitutional
60-25 for any reason, the remainder of this Act and the application of
61-1 that provision or part of this Act to other persons or
61-2 circumstances is not affected.
61-3 SECTION 16. EMERGENCY. The importance of this legislation
61-4 and the crowded condition of the calendars in both houses create an
61-5 emergency and an imperative public necessity that the
61-6 constitutional rule requiring bills to be read on three several
61-7 days in each house be suspended, and this rule is hereby suspended,
61-8 and that this Act take effect and be in force from and after its
61-9 passage, and it is so enacted.