1-1 By: Danburg (Senate Sponsor - Brown) H.B. No. 3233
1-2 (In the Senate - Received from the House May 15, 1995;
1-3 May 17, 1995, read first time and referred to Committee on Economic
1-4 Development; May 26, 1995, reported favorably by the following
1-5 vote: Yeas 10, Nays 0; May 26, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the creation, administration, powers, and duties of the
1-9 Upper Kirby Management District; granting the authority to issue
1-10 bonds; authorizing a tax.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. CREATION OF DISTRICT. (a) A special district to
1-13 be known as the "Upper Kirby Management District" exists as a
1-14 governmental agency, body politic and corporate, and political
1-15 subdivision of the state.
1-16 (b) The name of the district may be changed by resolution of
1-17 the board.
1-18 (c) The creation of the district is essential to accomplish
1-19 the purposes of Section 52, Article III, Section 59, Article XVI,
1-20 and Section 52-a, Article III, Texas Constitution, and other public
1-21 purposes stated in this Act.
1-22 SECTION 2. LEGISLATIVE DECLARATION. (a) The legislature
1-23 finds and declares that the creation of the district is necessary
1-24 to promote, develop, encourage, and maintain employment, commerce,
1-25 transportation, housing, tourism, recreation, arts, entertainment,
1-26 economic development, safety, and the public welfare in an area
1-27 traversed by Kirby Drive in the city of Houston.
1-28 (b) The legislature intends that the creation of the
1-29 district and this legislation not be interpreted to relieve Harris
1-30 County or the city of Houston from providing the present level of
1-31 services to the area included within the district or to release the
1-32 county or the city from the obligations each entity has to provide
1-33 services to that area. The district is created to supplement and
1-34 not supplant the city or county services provided in the area
1-35 included within the district.
1-36 (c) The legislature finds and intends that by creating the
1-37 district and in authorizing the city, county, and other political
1-38 subdivisions to contract with the district the legislature has
1-39 established a program to accomplish the public purposes set out in
1-40 Section 52-a, Article III, Texas Constitution.
1-41 SECTION 3. DEFINITIONS. In this Act:
1-42 (1) "Board" means the board of directors of the
1-43 district.
1-44 (2) "District" means the Upper Kirby Management
1-45 District.
1-46 (3) "City" means the city of Houston, Texas.
1-47 (4) "County" means Harris County, Texas.
1-48 SECTION 4. BOUNDARIES. (a) The district includes all the
1-49 acreage contained in the following forty-nine (49) tracts of land
1-50 in the A.C. Reynolds Survey, Abstract No. 61, in the City of
1-51 Houston, Harris County, Texas, described as follows:
1-52 (1) TRACT ONE:
1-53 A tract of land being all of two tracts of land being 19,230
1-54 Square Feet and 102,972 Square Feet, being part of and out of
1-55 DICKEYS WEST PARK, a subdivision of land according to the map or
1-56 plat thereof recorded in Volume 55, Page 45 of the Harris County
1-57 Deed Records, said tract being more particularly described as
1-58 follows:
1-59 BEGINNING at the intersection of the existing southerly line
1-60 of San Felipe Road with the existing east line of Kirby Drive;
1-61 THENCE easterly along the existing southerly line of San
1-62 Felipe Road, approximately 306.90 feet to a point for corner, same
1-63 being the intersection of the existing southerly line of San Felipe
1-64 Road with the west line of Argonne Street;
1-65 THENCE southerly along the west line of Argonne Street,
1-66 approximately 432.09 feet to the northerly line of the HUNTINGDON
1-67 CONDOMINIUM subdivision according to the map or plat thereof
1-68 recorded in Volume 132, Page 90 of the Condominium Records of
2-1 Harris County, Texas;
2-2 THENCE westerly along the north line of said HUNTINGDON
2-3 CONDOMINIUM subdivision, approximately 301.9 feet to the Northwest
2-4 corner of said HUNTINGDON CONDOMINIUM subdivision, on the existing
2-5 east line of Kirby Drive;
2-6 THENCE northerly along the existing east line of Kirby Drive,
2-7 approximately 377.11 feet to the POINT OF BEGINNING.
2-8 (2) TRACT TWO:
2-9 A tract of land being Tract or Block 25 according to the map
2-10 or plat of RIVER OAKS, SECTION FOUR (4), a subdivision of land
2-11 recorded in Volume 9, Page 27 of the Harris County Map Records,
2-12 said tract being more particularly described as follows:
2-13 BEGINNING at the intersection of the existing northerly line
2-14 of Westheimer Road with the east line of River Oaks Boulevard;
2-15 THENCE northerly along the east line of River Oaks Boulevard,
2-16 approximately 284.8 feet to the intersection of the south line of
2-17 Locke Lane with the east line of River Oaks Boulevard;
2-18 THENCE easterly along the south line of Locke Lane,
2-19 approximately 393.7 feet to the intersection of the west line of
2-20 Eastside Lane with the south line of Locke Lane;
2-21 THENCE southerly along the west line of Eastside Lane,
2-22 approximately 285 feet to the intersection of the west line of
2-23 Eastside Lane with the existing northerly line of Westheimer Road;
2-24 THENCE westerly along the existing northerly line of
2-25 Westheimer Road to the POINT OF BEGINNING.
2-26 (3) TRACT THREE:
2-27 A tract of land being shown on the plat or map as "Reserved
2-28 for Business Purposes" of the subdivision of the SECOND ADDITION TO
2-29 AVALON PLACE as recorded in Volume 12, Page 70 of the Harris County
2-30 Map Records, same being part of and out of Blocks 16, 17 and 18 of
2-31 DICKEYS WEST PARK ADDITION, a subdivision of land according to the
2-32 map or plat thereof recorded in Volume 55, Page 45 of the Harris
2-33 County Deed Records, and also including a portion of a closed
2-34 street labeled as Virginia Avenue (50 feet wide) as shown on the
2-35 said plat of SECOND ADDITION TO AVALON PLACE, said tract being more
2-36 particularly described as follows:
2-37 BEGINNING at the intersection of the existing east line of
2-38 Bellmeade Road with the existing northerly line of Westheimer Road;
2-39 THENCE in a northerly direction along the east line of
2-40 Bellmeade Road, approximately 143.5 feet to a point for corner, on
2-41 the South line of Block D of said SECOND ADDITION TO AVALON PLACE;
2-42 THENCE easterly along the southerly line of lots or tracts
2-43 out of Block D, Block E and Block F, respectively, to a point for
2-44 corner, on the existing west line of Kirby Drive;
2-45 THENCE southerly along the existing west line of Kirby Drive,
2-46 approximately 305 feet to the intersection of the existing
2-47 northerly line of Westheimer Road with the existing west line of
2-48 Kirby Drive;
2-49 THENCE westerly along the existing line of Westheimer Road,
2-50 approximately 1,048 feet to the POINT OF BEGINNING, "save and
2-51 except" that portion of Lake Avenue (50 feet wide) between Blocks
2-52 16 and 17 of said SECOND ADDITION TO AVALON PLACE.
2-53 (4) TRACT FOUR:
2-54 A tract of land being part of and out Block 15 of DICKEYS
2-55 WEST PARK ADDITION, a subdivision of land according to the map or
2-56 plat recorded in Volume 55, Page 45 of the Harris County Deed
2-57 Records, said tract being more particularly described as follows:
2-58 BEGINNING at the intersection of the existing east line of
2-59 Kirby Drive with the existing northerly line of Westheimer Road;
2-60 THENCE northerly along the existing east line of Kirby Drive
2-61 to the point of intersection of the existing east line of Kirby
2-62 Drive with the southerly line of San Saba Street;
2-63 THENCE easterly along the southerly line of San Saba Street
2-64 to the intersection of the southerly line of San Saba Street with
2-65 the west line of Argonne Avenue;
2-66 THENCE southerly along the west line of Argonne Avenue to the
2-67 intersection of the west line of Argonne Avenue with the existing
2-68 northerly line of Westheimer Road;
2-69 THENCE westerly along the existing northerly line of
2-70 Westheimer Road to the POINT OF BEGINNING.
3-1 (5) TRACT FIVE:
3-2 A tract of land being part of and out of Block 14 of COLLEGE
3-3 HEIGHTS, a subdivision of land according to the map or plat thereof
3-4 recorded in Volume 3, Page 38B of the Harris County Map Records,
3-5 said tract being more particularly described as follows:
3-6 BEGINNING at the intersection of the existing southerly line
3-7 of Westheimer Road with the east line of Argonne Avenue;
3-8 THENCE easterly along the existing southerly line of
3-9 Westheimer Road to the intersection of the west line of Revere
3-10 Avenue with the existing southerly line of Westheimer Road;
3-11 THENCE southerly along the west line of Revere Avenue to the
3-12 intersection of the north line of Cameron Street with the west line
3-13 of Revere Avenue;
3-14 THENCE westerly along the north line of Cameron Street to the
3-15 intersection of the east line of Argonne Avenue with the north line
3-16 of Cameron Street;
3-17 THENCE northerly along the east line of Argonne Avenue to the
3-18 POINT OF BEGINNING.
3-19 (6) TRACT SIX:
3-20 A tract of land being part of and out of Block 15 of COLLEGE
3-21 HEIGHTS, a subdivision of land according to the map or plat thereof
3-22 recorded in Volume 3, Page 38B of the Harris County Map Records,
3-23 said tract being more particularly described as follows:
3-24 BEGINNING at the intersection of the existing southerly line
3-25 of Westheimer Road with the existing easterly line of Kirby Drive;
3-26 THENCE easterly along the existing southerly line of
3-27 Westheimer Road to the intersection of the west line of Argonne
3-28 Avenue with the existing southerly line of Westheimer Road;
3-29 THENCE southerly along the west line of Argonne Avenue to the
3-30 intersection of the north line of Cameron Street with the west line
3-31 of Argonne Avenue;
3-32 THENCE westerly along the north line of Cameron Street to the
3-33 intersection of the existing east line of Kirby Drive with the
3-34 north line of Cameron Street;
3-35 THENCE northerly along the existing east line of Kirby Drive
3-36 to the POINT OF BEGINNING.
3-37 (7) TRACT SEVEN:
3-38 A tract of land being part of and out of Block 36 of COLLEGE
3-39 HEIGHTS, a subdivision of land according to the map or plat thereof
3-40 recorded in Volume 3, Page 38B of the Harris County Map Records,
3-41 and also being part of and out of Block 22 of DICKEYS WEST PART
3-42 ADDITION, a subdivision of land according to the map or plat
3-43 thereof recorded in Volume 45, Page 55 of the Harris County Deed
3-44 Records, and being all of 2701 KIRBY, a subdivision of land
3-45 according to the map or plat thereof recorded in Volume 348, Page
3-46 17 of the Harris County Map Records, and also being all of COLLEGE
3-47 HEIGHTS, a subdivision of land according to the map or plat thereof
3-48 recorded in Volume 318, Page 109 of the Harris County Map Records,
3-49 said tract being more particularly described as follows:
3-50 BEGINNING at the intersection of a cutback line in the
3-51 existing east line of Kirby Drive with the southerly line of
3-52 Cameron Street;
3-53 THENCE easterly along the south line of Cameron Street to the
3-54 intersection of the west line of Argonne Avenue with the south line
3-55 of Cameron Street;
3-56 THENCE southeasterly along a cutback line for Cameron Street
3-57 to the southerly termination of said cutback line, on the west line
3-58 of Argonne Avenue;
3-59 THENCE southerly along the west line of Argonne Avenue,
3-60 passing the northeast corner of aforesaid COLLEGE HEIGHTS ADDITION
3-61 1982, and continuing to the north termination of a cutback line in
3-62 said west line of Argonne Avenue;
3-63 THENCE southwesterly along the said cutback for the west line
3-64 of Argonne Avenue to the southerly termination of said cutback
3-65 line, on the north line of Kipling Street;
3-66 THENCE westerly along the north line of Kipling Street to a
3-67 point for corner, same being the south termination of a cutback
3-68 line for the existing east line of Kirby Drive;
3-69 THENCE northwesterly along said cutback line to a point for
3-70 corner, on the existing east line of Kirby Drive;
4-1 THENCE northerly along the existing east line of Kirby Drive
4-2 to the southerly termination of a cutback line for Cameron Street;
4-3 THENCE northeasterly along the said cutback line for Cameron
4-4 Street to the POINT OF BEGINNING.
4-5 (8) TRACT EIGHT:
4-6 A tract of land being part of and out of Block 28 of COLLEGE
4-7 HEIGHT, a subdivision of land according to the map or plat thereof
4-8 recorded in Volume 3, Page 38B of the Harris County Map Records,
4-9 said tract being more particularly described as follows:
4-10 BEGINNING at the intersection of the existing east line of
4-11 Kirby Drive with the south line of Kipling Street;
4-12 THENCE easterly along the south line of Kipling Street to the
4-13 intersection of the west line of Argonne Avenue with the south line
4-14 of Kipling Street;
4-15 THENCE southerly along the west line of Argonne Avenue to the
4-16 intersection of the north line of Steel Street with the west line
4-17 of Argonne Avenue;
4-18 THENCE westerly along the north line of Steel Street to the
4-19 intersection of the existing east line of Kirby Drive with the
4-20 north line of Steel Street;
4-21 THENCE northerly along the existing east line of Kirby Drive
4-22 to the POINT OF BEGINNING.
4-23 (9) TRACT NINE:
4-24 A tract of land being part of and out of Block 23 of COLLEGE
4-25 HEIGHTS, a subdivision of land according to the map or plat thereof
4-26 recorded in Volume 3, Page 38B of the Harris County Map Records,
4-27 said tract being more particularly described as follows:
4-28 BEGINNING the intersection of the existing east line of Kirby
4-29 Drive with the south line of Steel Street;
4-30 THENCE easterly along the south line of Steel Street to the
4-31 intersection of the west line of Argonne Avenue with the south line
4-32 of Steel Street;
4-33 THENCE southerly along the west line of Argonne Avenue to the
4-34 intersection of the existing north line of West Alabama Street with
4-35 the west line of Argonne Avenue;
4-36 THENCE westerly along the existing north line of West Alabama
4-37 Street to the intersection of the existing east line of Kirby Drive
4-38 with the existing north line of West Alabama Street;
4-39 THENCE northerly along the existing east line of Kirby Drive
4-40 to the POINT OF BEGINNING.
4-41 (10) TRACT TEN:
4-42 A tract of land being part of and out of Block 46 of COLLEGE
4-43 HEIGHTS, a subdivision of land according to the map or plat thereof
4-44 recorded in Volume 3, Page 38B of the Harris County Map Records,
4-45 said tract being more particularly described as follows:
4-46 BEGINNING at the intersection of the existing southerly line
4-47 of Westheimer Road with the existing west line of Kirby Drive;
4-48 THENCE southerly along the existing west line of Kirby Drive
4-49 to the intersection of the north line of Cameron Street with the
4-50 existing west line of Kirby Drive;
4-51 THENCE westerly along the north line of Cameron Street to the
4-52 intersection of the east line of Lake Street with the north line of
4-53 Cameron Street;
4-54 THENCE northerly along the east line of Lake Street to the
4-55 intersection of the existing southerly line of Westheimer Road with
4-56 the east line of Lake Street;
4-57 THENCE easterly along the existing southerly line of
4-58 Westheimer Road to the POINT OF BEGINNING.
4-59 (11) TRACT ELEVEN:
4-60 A tract of land being part of and out Block 41 of COLLEGE
4-61 HEIGHTS, a subdivision of land according to the map or plat thereof
4-62 recorded in Volume 3, Page 38B of the Harris County Map Records,
4-63 and being a portion of abandoned Lake Street adjoining the west
4-64 side of said Block 41 (as shown on said map of COLLEGE HEIGHTS),
4-65 said tract being more particularly described as follows:
4-66 BEGINNING at the intersection of the existing west line of
4-67 Kirby Drive with the south line of Cameron Street;
4-68 THENCE southerly along the existing west line of Kirby Drive
4-69 to the intersection of the north line of Rosamond Street with the
4-70 existing west line of Kirby Drive;
5-1 THENCE westerly along the north line of Rosamond Street to
5-2 the Southeast corner of the REGENCY HOUSE CONDOMINIUMS, a
5-3 condominium subdivision according to the map or plat thereof
5-4 recorded in Volume 107, Page 101 of the Condominium Records of
5-5 Harris County, Texas;
5-6 THENCE northerly along the east line of the said REGENCY
5-7 HOUSE CONDOMINIUMS to the most easterly northeast corner of said
5-8 REGENCY HOUSE CONDOMINIUMS, on the south line of Cameron Street;
5-9 THENCE easterly along the south line of Cameron Street to the
5-10 POINT OF BEGINNING.
5-11 (12) TRACT TWELVE:
5-12 A tract of land being part of and out of Blocks 33 and 34 of
5-13 COLLEGE HEIGHTS, a subdivision of land according to the map or plat
5-14 thereof recorded in Volume 3, Page 38B of the Harris County Map
5-15 Records, and a portion of abandoned Lake Street (50 feet wide)
5-16 lying between said Blocks 33 and 34, said tract being more
5-17 particularly described as follows:
5-18 BEGINNING at the intersection of the existing west line of
5-19 Kirby Drive with the south line of Rosamond Street;
5-20 THENCE southerly along the existing west line of Kirby Drive,
5-21 approximately 240 feet to the intersection of the north line of
5-22 Kipling Street with the existing west line of Kirby Drive;
5-23 THENCE westerly along the north line of Kipling Street to the
5-24 intersection of the east line of Virginia Avenue with the north
5-25 line of Kipling Street;
5-26 THENCE northerly along the east line of Virginia Avenue,
5-27 approximately 240 feet to the intersection of the south line of
5-28 Rosamond Street with the east line of Virginia Avenue;
5-29 THENCE easterly along the south line of Rosamond Street to
5-30 the POINT OF BEGINNING.
5-31 (13) TRACT THIRTEEN:
5-32 A tract of land being part of and out of Blocks 29 and 30 of
5-33 COLLEGE HEIGHTS, a subdivision of land according to the map or plat
5-34 thereof recorded in Volume 3, Page 38B of the Harris County Map
5-35 Records, and a portion of abandoned Lake Street (50 feet wide)
5-36 lying between said Block 29 and 30, said tract being more
5-37 particularly described as follows:
5-38 BEGINNING at the intersection of the existing west line of
5-39 Kirby Drive with the south line of Kipling Street;
5-40 THENCE southerly along the existing west line of Kirby Drive
5-41 to the intersection of the north line of Steel Street with the
5-42 existing west line of Kirby Drive;
5-43 THENCE westerly along the north line of Steel Street to the
5-44 intersection of the east line of Virginia Street with the north
5-45 line of Steel Street;
5-46 THENCE northerly along the east line of Virginia Street to
5-47 the northwest corner of Lot 9 of said Block 30;
5-48 THENCE easterly along the northerly line of Lots 9 through
5-49 13, respectively, of said Block 30, to the common corner of Lots 3,
5-50 4, 13 and 14 of said Block 30;
5-51 THENCE northerly along the common line of said Lots 3 and 4,
5-52 approximately 122 feet to the common northerly corner of said Lots
5-53 3 and 4, on the south line of Kipling Street;
5-54 THENCE easterly along the south line of Kipling Street to the
5-55 POINT OF BEGINNING.
5-56 (14) TRACT FOURTEEN:
5-57 A tract of land being part of and out of Blocks 21 and 22 of
5-58 COLLEGE HEIGHTS, a subdivision of land according to the map or plat
5-59 thereof recorded in Volume 3, Page 38B of the Harris County Map
5-60 Records, said tract being more particularly described as follows:
5-61 BEGINNING at the intersection of the existing west line of
5-62 Kirby Drive with the south line of Steel Street;
5-63 THENCE southerly along the existing west line of Kirby Drive
5-64 to the intersection of the existing north line of West Alabama
5-65 Street;
5-66 THENCE westerly along the existing north line of West Alabama
5-67 Street to the intersection of the east line of Virginia Street with
5-68 the existing north line of West Alabama Street;
5-69 THENCE northerly along the east line of Virginia Street to
5-70 the intersection of the south line of Steel Street with the east
6-1 line of Virginia Street;
6-2 THENCE easterly along the south line of Steel Street to the
6-3 POINT OF BEGINNING.
6-4 (15) TRACT FIFTEEN:
6-5 A tract of land being part of and out of Commercial Block
6-6 Seven (7) of the Second Replat of DAVID CROCKETT, a subdivision of
6-7 land according to the map or plat thereof recorded in Volume 31,
6-8 Page 35 of the Harris County Map Records, said tract being more
6-9 particularly described as follows:
6-10 BEGINNING at the intersection of the existing south line of
6-11 West Alabama Street with the existing west line of Kirby Drive;
6-12 THENCE southerly along the existing west line of Kirby Drive
6-13 to the intersection of the north line of West Main Street with the
6-14 existing west line of Kirby Drive;
6-15 THENCE westerly along the north line of West Main Street to
6-16 the intersection of the east line of Lake Street with the north
6-17 line of West Main Street;
6-18 THENCE northerly along the east line of Lake Street to the
6-19 intersection of the existing south line of West Alabama Street with
6-20 the east line of Lake Street;
6-21 THENCE easterly along the existing south line of West Alabama
6-22 Street to the POINT OF BEGINNING.
6-23 (16) TRACT SIXTEEN:
6-24 A tract of land being part of and out of Block One (1) of
6-25 DAVID CROCKETT, a subdivision of land according to the map or plat
6-26 thereof recorded in Volume 31, Page 35 of the Harris County Map
6-27 Records, said tract being more particularly described as follows:
6-28 BEGINNING at the intersection of the existing west line of
6-29 Kirby Drive with the south line of West Main Street;
6-30 THENCE southerly along the existing west line of Kirby Drive
6-31 to the intersection of the north line of Colquitt Street with the
6-32 existing west line of Kirby Drive;
6-33 THENCE westerly along the north line of Colquitt Street to
6-34 the intersection of the east line of Lake Street with the north
6-35 line of Colquitt Street;
6-36 THENCE northerly along the east line of Lake Street to the
6-37 intersection of the south line of West Main Street with the east
6-38 line of Lake Street;
6-39 THENCE easterly along the south line of West Main Street to
6-40 the POINT OF BEGINNING.
6-41 (17) TRACT SEVENTEEN:
6-42 A tract of land being part of and out of Block 13 and 16 of
6-43 COLLEGE HEIGHTS, a subdivision of land according to the map or plat
6-44 thereof recorded in Volume 3, Page 38B of the Harris County Map
6-45 Records, and being a portion of abandoned Elmo Street lying between
6-46 said Blocks 13 and 16, and also being part of and out Block A of
6-47 DOZIER ADDITION, a subdivision of land according to the map or plat
6-48 thereof recorded in Volume 302, Page 300 of the Harris County Deed
6-49 Records, said tract being more particularly described as follows:
6-50 BEGINNING at the intersection of the existing east line of
6-51 Kirby Drive with the existing south line of West Alabama Street;
6-52 THENCE easterly along the existing south line of West Alabama
6-53 Street to the intersection of the west line of Argonne Avenue with
6-54 the existing south line of West Alabama Street;
6-55 THENCE southerly along the west line of Argonne Avenue to the
6-56 intersection of the north line of Branard Street with the west line
6-57 of Argonne Avenue;
6-58 THENCE westerly along the north line of Branard Street to the
6-59 intersection of the existing east line of Kirby Drive with the
6-60 north line of Branard Street;
6-61 THENCE northerly along the existing east line of Kirby Drive
6-62 to the POINT OF BEGINNING.
6-63 (18) TRACT EIGHTEEN:
6-64 A tract of land being part of and out of Block F of DOZIER
6-65 ADDITION, according to the map or plat thereof recorded in Volume
6-66 302, Page 300 of the Harris County Deed Records, and being and part
6-67 of and out of Tract No. 1 of the GEORGE RICH SUBDIVISION, according
6-68 to the map or plat thereof recorded in Volume 25, Page 25 of the
6-69 Harris County Map Records, said tract being more particularly
6-70 described as follows:
7-1 BEGINNING at the intersection of the existing east line of
7-2 Kirby Drive with the south line of Branard Street;
7-3 THENCE easterly along the south line of Branard Street to the
7-4 intersection of the west line of Argonne Street with the south line
7-5 of Branard Street;
7-6 THENCE southerly along the west line of Argonne Street to the
7-7 Southeast corner of said Block F, on the southerly termination of
7-8 Argonne Street, same being the north line of aforesaid GEORGE RICH
7-9 SUBDIVISION;
7-10 THENCE westerly along the north line of said GEORGE RICH
7-11 SUBDIVISION, same being the south line of said Block F, to the
7-12 common north corner of Lot 5 of aforesaid Tract No. 1, and Lot 1 of
7-13 Tract No. 2 of said GEORGE RICH SUBDIVISION;
7-14 THENCE southerly along the common line of said Lot 5 of Tract
7-15 No. 1 and Lot 1 of said Tract No. 2 to the common south corner of
7-16 said Lot 5 of Tract No. 1 and Lot 1 of said Tract No. 2, on the
7-17 north line of West Main Street;
7-18 THENCE westerly along the north line of West Main Street to
7-19 the intersection of the existing east line of Kirby Drive with the
7-20 north line of West Main Street;
7-21 THENCE northerly along the existing east line of Kirby Drive
7-22 to the POINT OF BEGINNING.
7-23 (19) TRACT NINETEEN:
7-24 A tract of land being part of and out of Block No. 1, Tract
7-25 No. 7, and Tract No. 8 of the GEORGE RICH SUBDIVISION, according to
7-26 the map or plat thereof recorded in Volume 25, Page 25 of the
7-27 Harris County Map Records, said tract being more particularly
7-28 described as follows:
7-29 BEGINNING at the intersection of the existing east line of
7-30 Kirby Drive with the south line of West Main Street;
7-31 THENCE easterly along the south line of West Main Street to
7-32 the northeast corner of a tract of land described in deed recorded
7-33 in County Clerk's File No. G455073 in the Harris County Clerk's
7-34 Official Public Records of Real Property;
7-35 THENCE southerly along the east line of said tract described
7-36 in File No. G455073 to the southeast corner of said tract, on the
7-37 north line of Block No. 1;
7-38 THENCE westerly along the north line of said Block No. 1 to
7-39 the northeast corner of a tract of land heretofore described in
7-40 County Clerk's File No. F090331 in the Harris County Clerk's
7-41 Official Public Records of Real Property;
7-42 THENCE southerly along the east line of said tract described
7-43 in File No. F090331 to the southeast corner of said tract, on the
7-44 north line of Richton Street;
7-45 THENCE westerly along the north line of Richton Street to the
7-46 intersection of the existing east line of Kirby Drive with the
7-47 north line of Richton Street;
7-48 THENCE northerly along the existing east line of Kirby Drive
7-49 to the POINT OF BEGINNING.
7-50 (20) TRACT TWENTY:
7-51 A tract of land being part of and out of Block No. 2 of the
7-52 GEORGE RICH SUBDIVISION, according to the map or plat thereof
7-53 recorded in Volume 25, Page 25 of the Harris County Map Records,
7-54 and also being comprised of various acreage tracts; said tract
7-55 being more particularly described as follows:
7-56 BEGINNING at the intersection of the existing east line of
7-57 Kirby Drive with the south line of Richton Street;
7-58 THENCE easterly along the south line of Richton Street to the
7-59 common north corner of Lots 5 and 6 of said Block No. 2 of the
7-60 GEORGE RICH SUBDIVISION;
7-61 THENCE southerly along the common line of said Lots 5 and 6,
7-62 approximately 100 feet to the common south corner of said Lots 5
7-63 and 6, on the south line of the said GEORGE RICH SUBDIVISION;
7-64 THENCE easterly along the south line of the said GEORGE RICH
7-65 SUBDIVISION to the northeast corner of a called 2 Acre Tract
7-66 described in Volume 3006, Page 378 of the Harris County Deed
7-67 Records;
7-68 THENCE southerly along the east line of said called 2 Acre
7-69 Tract to a point for corner, on the north line of a called tract
7-70 described in Clerks' File No. L054550 of the Harris County Clerk's
8-1 Official Public Records of Real Property (HCCOPRRP);
8-2 THENCE easterly along the northerly line of said tract
8-3 described in Clerk's File No. L054550 to the northeast corner of
8-4 said tract, on the west line of a tract heretofore described in
8-5 Clerk's File No. B619139 (HCCOPRRP);
8-6 THENCE northerly along the west line of said tract described
8-7 in Clerk's File No. B619139 (HCCOPRRP) to the Northwest corner of
8-8 said tract described in Clerk's File No. B619139, on the south line
8-9 of a tract described in Clerk's File No. J069866 (HCCOPRRP);
8-10 THENCE easterly along, in part, the north line of said tract
8-11 described in Clerk's File No. B619139 (HCCOPRRP), same being the
8-12 south line of said tract described in Clerk's File No. J069866
8-13 (HCCOPRRP) to a re-entrant corner of said tract described in
8-14 Clerk's File No. J069866 (HCCOPRRP);
8-15 THENCE southerly along a west line of said tract described in
8-16 Clerk's File No. J069866 (HCCOPRRP) to a southwest corner of said
8-17 tract described in Clerk's File No. J069866 (HCCOPRRP), on the
8-18 existing north line of Richmond Avenue;
8-19 THENCE westerly along the existing north line of Richmond
8-20 Avenue to the intersection of the existing east line of Kirby Drive
8-21 with the existing north line of Richmond Avenue;
8-22 THENCE northerly along the existing east line of Kirby Drive
8-23 to the POINT OF BEGINNING.
8-24 (21) TRACT TWENTY-ONE:
8-25 A tract of land being part of and out of Block A of FORRESTER
8-26 SUBDIVISION, according to the map or plat thereof recorded in
8-27 Volume 327, Page 631 of the Harris County Deed Records, said tract
8-28 being more particularly described as follows:
8-29 BEGINNING at the intersection of the existing west line of
8-30 Kirby Drive with the existing north line of Richmond Avenue;
8-31 THENCE westerly along the existing north line of Richmond
8-32 Avenue to the intersection of the east line of Lake Street with the
8-33 existing north line of Richmond Avenue;
8-34 THENCE northerly along the east line of Lake Street to the
8-35 intersection of the south line of Colquitt Street with the east
8-36 line of Lake Street;
8-37 THENCE easterly along the south line of Colquitt Street to
8-38 the intersection of the existing west line of Kirby Drive with the
8-39 south line of Colquitt Street;
8-40 THENCE southerly along the existing west line of Kirby Drive
8-41 to the POINT OF BEGINNING.
8-42 (22) TRACT TWENTY-TWO:
8-43 A tract of land being part of and out of Block B of FORRESTER
8-44 SUBDIVISION, according to the map or plat thereof recorded in
8-45 Volume 327, Page 631 of the Harris County Deed Records, said tract
8-46 being more particularly described as follows:
8-47 BEGINNING at the intersection of the west line of Lake Street
8-48 with the existing north line of Richmond Avenue;
8-49 THENCE westerly along the existing north line of Richmond
8-50 Avenue to the intersection of the east line of Virginia Street with
8-51 the existing north line of Richmond Avenue;
8-52 THENCE northerly along the east line of Virginia Street to
8-53 the northwest corner of Lot 7 of said Block B;
8-54 THENCE easterly along the north line of Lots 7, 8, 9, 10, 11
8-55 and 12, respectively, of said Block B to a point for corner, on the
8-56 west line of Lake Street;
8-57 THENCE southerly along the west line of Lake Street to the
8-58 POINT OF BEGINNING.
8-59 (23) TRACT TWENTY-THREE:
8-60 A tract of land being comprised of various acreage tracts,
8-61 and being part of and out of Block C of FORRESTER SUBDIVISION,
8-62 according to the map or plat thereof recorded in Volume 327, Page
8-63 631 of the Harris County Deed Records, said tract being more
8-64 particularly described as follows:
8-65 BEGINNING at the intersection of the existing north line of
8-66 Richmond Avenue with the west line of Virginia Street;
8-67 THENCE westerly along the existing north line of Richmond
8-68 Avenue to the intersection of the existing easterly line of
8-69 Eastside Avenue with the existing north line of Richmond Avenue;
8-70 THENCE northerly along the existing easterly line of Eastside
9-1 Avenue being a curve to the left to the northwest corner of the
9-2 herein described tract, on the south line of CRAWFORD ADDITION,
9-3 according to the map or plat thereof recorded in Volume 2, Page 12
9-4 of the Harris County Map Records;
9-5 THENCE easterly along the north line of the herein described
9-6 tract, same being the south line of said of CRAWFORD ADDITION,
9-7 passing the southwest corner of a Replat of a Portion of CRAWFORD
9-8 ADDITION, according to the map or plat thereof recorded in Volume
9-9 30, Page 45 of the Harris County Map Records, and continuing along
9-10 the south line of said Replat of a Portion of CRAWFORD ADDITION, to
9-11 a point for corner, on the west line of the Replat of DAVID
9-12 CROCKETT SUBDIVISION, according to the map or plat thereof recorded
9-13 in Volume 31, Page 35 of the Harris County Map Records;
9-14 THENCE southerly along the west line of said Replat of DAVID
9-15 CROCKETT SUBDIVISION, passing the southwest corner of said Replat
9-16 of DAVID CROCKETT SUBDIVISION, also passing along the west
9-17 termination line of Colquitt Street, and continuing along the west
9-18 line of aforesaid Block C of FORRESTER SUBDIVISION to the northwest
9-19 corner of Lot 7 of said Block C;
9-20 THENCE easterly along the common north line of Lots 7, 8, 9,
9-21 10, 11 and 12, respectively, of said Block C to the northeast
9-22 corner of said Lot 12, on the west line of Virginia Street;
9-23 THENCE southerly along the west line of Virginia Street to
9-24 the POINT OF BEGINNING.
9-25 (24) TRACT TWENTY-FOUR:
9-26 A tract of land being comprised of various acreage tracts,
9-27 and also being part of and out Block 3 of MAYFAIR, SECTION TWO, a
9-28 subdivision of land according to the map or plat thereof recorded
9-29 in Volume 998, Page 222 of the Harris County Deed Records, said
9-30 tract being more particularly described by as follows:
9-31 BEGINNING at the intersection of the existing westerly line
9-32 of Eastside Avenue with the existing north line of Richmond Avenue;
9-33 THENCE westerly along the existing north line of Richmond
9-34 Avenue, at a distance of approximately 295 feet pass the east line
9-35 of said Block 3, and continuing to the intersection of the east
9-36 line of Audley Street with the existing north line of Richmond
9-37 Avenue;
9-38 THENCE northerly along the east line of Audley Street to the
9-39 intersection of the south line of Colquitt Avenue with the east
9-40 line of Audley Street;
9-41 THENCE easterly along the south line of Colquitt Avenue to
9-42 the northeast corner of Block 3, on the east termination line of
9-43 Colquitt Avenue;
9-44 THENCE northerly along the east termination of Colquitt
9-45 Avenue, same being the east line of said MAYFAIR, SECTION TWO,
9-46 approximately 150 feet to the northeast corner of Lot 4 of Block 2
9-47 of said MAYFAIR, SECTION TWO, on the south line of MAYFAIR, SECTION
9-48 ONE, a subdivision of land according to the map or plat thereof
9-49 recorded in Volume 998, Page 144 of the Harris County Deed Records;
9-50 THENCE easterly along the south line of said MAYFAIR, SECTION
9-51 ONE, passing the southeast corner of said MAYFAIR, SECTION ONE,
9-52 same being the southwest corner of CRAWFORD ADDITION, according to
9-53 the map or plat thereof recorded in Volume 2, Page 12 of the Harris
9-54 County Map Records, and continuing to the northeast corner of the
9-55 herein described tract, on the existing westerly line of Eastside
9-56 Avenue;
9-57 THENCE southerly along the westerly line of Eastside Avenue
9-58 being a curve to the right approximately 356.59 feet to the POINT
9-59 OF BEGINNING.
9-60 (25) TRACT TWENTY-FIVE:
9-61 A tract of land being comprised of two acreage tracts, and
9-62 also being part of and out of Block 4 of MAYFAIR, SECTION TWO, a
9-63 subdivision of land according to the map or plat thereof recorded
9-64 in Volume 998, Page 222 of the Harris County Deed Records, said
9-65 tract being more particularly described as follows:
9-66 BEGINNING at the intersection of the existing easterly line
9-67 of Buffalo Speedway with the existing northerly line of Richmond
9-68 Avenue;
9-69 THENCE northwesterly along a cutback line for the easterly
9-70 line of Buffalo Speedway, approximately 41.6 feet to an angle
10-1 point;
10-2 THENCE northerly continuing along the easterly line of
10-3 Buffalo Speedway approximately 231.68 feet to the northwest corner
10-4 of the herein described tract;
10-5 THENCE easterly along the northerly line of the herein
10-6 described tract, along the south line of the RIVER OAKS APARTMENTS,
10-7 a subdivision of land according to the map or plat thereof recorded
10-8 in Volume 345, Page 25 of the Harris County Map Records,
10-9 approximately 530.66 feet to a point for corner, on the west
10-10 termination line of Colquitt Avenue, same being the west line of
10-11 aforesaid MAYFAIR, SECTION TWO;
10-12 THENCE southerly along the west line of said MAYFAIR, SECTION
10-13 TWO, same being the west termination line of Colquitt Avenue, to
10-14 the northwest corner of Block 4 of said MAYFAIR, SECTION TWO;
10-15 THENCE easterly along the south line of Colquitt Avenue to
10-16 intersection of the west line of Audley Street with the south line
10-17 of Colquitt Avenue;
10-18 THENCE southerly along the west line of Audley Street to the
10-19 intersection of the existing northerly line of Richmond Avenue with
10-20 the west line of Audley Street;
10-21 THENCE westerly along the existing northerly line of Richmond
10-22 Avenue to the POINT OF BEGINNING.
10-23 (26) TRACT TWENTY-SIX:
10-24 A tract of land being comprised of various acreage tracts,
10-25 and being part of and out of MAYFAIR, SECTION 2, a subdivision of
10-26 land according to the map or plat thereof recorded in Volume 998,
10-27 Page 222 of the Harris County Deed Records, and also being part of
10-28 and out of PARKFRONT PLAZA, SECTION 1, a subdivision of land
10-29 according to the map or plat recorded in Volume 48, Page 69 of the
10-30 Harris County Map Records, and also being part of and out of
10-31 PARKFRONT PLAZA, SECTION 2, a subdivision of land according to the
10-32 map or plat thereof recorded in Volume 54, Page 53 of the Harris
10-33 County Map Records, said tract being more particularly described as
10-34 follows:
10-35 BEGINNING at the intersection of the existing southerly line
10-36 of Richmond Avenue with the easterly line of Buffalo Speedway;
10-37 THENCE easterly along the existing southerly line of Richmond
10-38 Avenue, passing the west line of said MAYFAIR, SECTION 2, and
10-39 continuing to the intersection of the west line of Wakeforest
10-40 Street with the existing south line of Richmond Avenue;
10-41 THENCE southerly along the west line of Wakeforest Street,
10-42 approximately 385.58 feet to a re-entrant in said west line of
10-43 Wakeforest Street;
10-44 THENCE westerly along a northerly line of Wakeforest Street,
10-45 approximately 32.5 feet to a re-entrant corner of Wakeforest
10-46 Street;
10-47 THENCE southerly along the west line of Wakeforest Street,
10-48 approximately 648.33 feet to the intersection of the existing
10-49 northerly line of U.S. Highway 59 South with the west line of
10-50 Wakeforest Street;
10-51 THENCE in westerly and southwesterly directions along the
10-52 existing northerly line of U.S. Highway 59 South to the southerly
10-53 termination of a cutback line at the northeast corner of Buffalo
10-54 Speedway and U.S. Highway 59 South;
10-55 THENCE northwesterly along said cutback line at the northeast
10-56 corner of Buffalo Speedway and U.S. Highway 59 South, approximately
10-57 70.13 feet to the northerly termination of said cutback line;
10-58 THENCE, continuing northwesterly, along the existing easterly
10-59 line of Buffalo Speedway to the POINT OF BEGINNING, "save and
10-60 except" all public street or public rights-of-way areas contained
10-61 therein, including Eastside Avenue, Norfolk Street, Audley Drive
10-62 and Portsmouth Street.
10-63 (27) TRACT TWENTY-SEVEN:
10-64 A tract of land being part of and out of Block 2 of 2701
10-65 RICHMOND AVENUE, a subdivision of land according to the map or plat
10-66 thereof recorded in Volume 151, Page 55 of the Harris County Map
10-67 Records, said tract being more particularly described as follows:
10-68 BEGINNING at the intersection of the existing southerly line
10-69 of Richmond Avenue with the existing west line of Kirby Drive;
10-70 THENCE southerly along the existing west line of Kirby Drive
11-1 to the intersection of the north line of Norfolk Avenue with the
11-2 existing west line of Kirby Drive;
11-3 THENCE westerly along the north line of Norfolk Avenue to the
11-4 intersection of the east line of Lake Street with the north line of
11-5 Norfolk Avenue;
11-6 THENCE northerly along the east line of Lake Street to the
11-7 intersection of the existing southerly line of Richmond Avenue with
11-8 the east line of Lake Street;
11-9 THENCE easterly along the courses of the existing southerly
11-10 line of Richmond Avenue to the POINT OF BEGINNING.
11-11 (28) TRACT TWENTY-EIGHT:
11-12 A tract of land being part of and out of Block 1 of MARIAN
11-13 SUBDIVISION, according to the map or plat thereof recorded in
11-14 Volume 292, Page 520 of the Harris County Deed Records, said tract
11-15 being more particularly described as follows:
11-16 BEGINNING at the intersection of the existing southerly line
11-17 of Richmond Avenue with the existing east line of Kirby Drive;
11-18 THENCE easterly along the existing southerly line of Richmond
11-19 Avenue to the intersection of the west line of Park Street with the
11-20 existing southerly line of Richmond Avenue;
11-21 THENCE southerly along the west line of Park Street to the
11-22 intersection of the north line of Portsmouth Avenue with the west
11-23 line of Park Street;
11-24 THENCE westerly along the north line of Portsmouth Avenue to
11-25 the intersection of the existing east line of Kirby Drive with the
11-26 north line of Portsmouth Avenue;
11-27 THENCE northerly along the existing east line of Kirby Drive
11-28 to the POINT OF BEGINNING.
11-29 (29) TRACT TWENTY-NINE:
11-30 A tract of land being part of and out of Block 2 of MARIAN
11-31 SUBDIVISION, according to the map or plat thereof recorded in
11-32 Volume 292, Page 520 of the Harris County Deed Records, said tract
11-33 being more particularly described as follows:
11-34 BEGINNING at the intersection of the existing southerly line
11-35 of Richmond Avenue with the east line of Park Street;
11-36 THENCE easterly along the existing southerly line of Richmond
11-37 Avenue to the intersection of the west line of Revere Street with
11-38 the existing southerly line of Richmond Avenue;
11-39 THENCE southerly along the west line of Revere Street to the
11-40 intersection of the north line of Portsmouth Avenue with the west
11-41 line of Revere Street;
11-42 THENCE westerly along the north line of Portsmouth Avenue to
11-43 the intersection of the east line of Park Street with the north
11-44 line of Portsmouth Avenue;
11-45 THENCE northerly along the east line of Park Street to the
11-46 POINT OF BEGINNING.
11-47 (30) TRACT THIRTY:
11-48 A tract of land being part of and out of Lots 5 thru 11,
11-49 Block 3 of COLQUITT COURT, SECTION 2, a subdivision of land
11-50 according to the map or plat thereof recorded in Volume 17, Page 60
11-51 of the Harris County Map Records, and also being part of and out of
11-52 the SHOPS AT GREENBRIAR & RICHMOND, a subdivision of land according
11-53 to the map or plat thereof recorded in Volume 332, Page 150 of the
11-54 Harris County Map Records, and also being part of and out of those
11-55 tracts of land heretofore described in Clerk's File No. F070767 of
11-56 the Harris County Clerk's Official Public Records of Real Property,
11-57 and being part of and out of Lots 1 thru 7, Block 7 of MARIAN
11-58 SUBDIVISION, a subdivision of land according to the map or plat
11-59 recorded in Volume 292, Page 520 of the Harris County Deed Records,
11-60 said tract being more particularly described as follows:
11-61 BEGINNING at the intersection of the existing southerly line
11-62 of Richmond Avenue with the east line of Revere Street;
11-63 THENCE along the existing southerly line of Richmond Avenue
11-64 to the northerly termination point of a cutback for the existing
11-65 west line of Greenbriar Drive;
11-66 THENCE southeasterly along the said cutback line for
11-67 Greenbriar Drive to the southerly termination of said cutback line;
11-68 THENCE southerly along the existing west line of Greenbriar
11-69 Drive to the northerly termination of a cutback line for Portsmouth
11-70 Avenue;
12-1 THENCE southwesterly along the said cutback line for
12-2 Portsmouth Avenue to the southerly termination of said cutback
12-3 line;
12-4 THENCE westerly along the north line of Portsmouth Avenue to
12-5 the southwest corner of said SHOPS AT GREENBRIAR & RICHMOND
12-6 subdivision;
12-7 THENCE northerly along the west line of said SHOPS AT
12-8 GREENBRIAR & RICHMOND subdivision to a re-entrant corner of said
12-9 SHOPS AT GREENBRIAR & RICHMOND subdivision;
12-10 THENCE westerly along a south line of said SHOPS AT
12-11 GREENBRIAR & RICHMOND subdivision passing the most northerly
12-12 southwest corner of said SHOPS AT GREENBRIAR & RICHMOND
12-13 subdivision, and continuing along the south line of aforesaid Lots
12-14 5 thru 11, respectively, Block 3 of COLQUITT COURT, SECTION 2 to
12-15 the southwest corner of said Lot 12;
12-16 THENCE northerly along the west line of said Block 3 to the
12-17 southeast corner of the aforesaid tract described in Clerk's File
12-18 No. F070767;
12-19 THENCE westerly along the south line of said tract described
12-20 in Clerk's File No. F070767, and continuing along the south line of
12-21 aforesaid Lots 1 thru 7, respectively, of Block 7 of MARIAN
12-22 SUBDIVISION, to a point for corner, on the east line of Revere
12-23 Street;
12-24 THENCE northerly along the east line of Revere Street to the
12-25 POINT OF BEGINNING, "save and except" any land contained within Lot
12-26 12, Block 3 of aforesaid COLQUITT COURT.
12-27 (31) TRACT THIRTY-ONE:
12-28 A tract of land being part of and out Block 4 of MARIAN
12-29 SUBDIVISION, according to the map or plat thereof recorded in
12-30 Volume 292, Page 520 of the Harris County Deed Records, said tract
12-31 being more particularly described as follows:
12-32 BEGINNING at the intersection of the south line of Portsmouth
12-33 Avenue with the east line of Park Street;
12-34 THENCE easterly along the south line of Portsmouth Avenue to
12-35 the intersection of the west line of Revere Street with the south
12-36 line of Portsmouth Avenue;
12-37 THENCE southerly along the west line of Revere Street to the
12-38 intersection of the north line Norfolk Street with the west line of
12-39 Revere Street;
12-40 THENCE westerly along the north line of Norfolk Street to the
12-41 intersection of the east line of Park Street with the north line of
12-42 Norfolk Street;
12-43 THENCE northerly along the east line of Park Street to the
12-44 POINT OF BEGINNING.
12-45 (32) TRACT THIRTY-TWO:
12-46 A tract of land being part of and out of Block 3 of MARIAN
12-47 SUBDIVISION, according to the map or plat thereof recorded in
12-48 Volume 292, Page 520 of the Harris County Deed Records, said tract
12-49 being more particularly described as follows:
12-50 BEGINNING at the intersection of the existing east line of
12-51 Kirby Drive with the south line of Portsmouth Avenue;
12-52 THENCE easterly along the south line of Portsmouth Avenue to
12-53 the intersection of the west line of Park Street with the south
12-54 line of Portsmouth Avenue;
12-55 THENCE southerly along the west line of Park Street to the
12-56 intersection of the north line of Norfolk Street with the west line
12-57 of Park Street;
12-58 THENCE westerly along the north line of Norfolk Street to the
12-59 intersection of the existing east line of Kirby Drive with the
12-60 north line of Norfolk Street;
12-61 THENCE northerly along the existing east line of Kirby Drive
12-62 to the POINT OF BEGINNING.
12-63 (33) TRACT THIRTY-THREE:
12-64 A tract of land being various acreage tracts, and also being
12-65 part of and out of Plots No. 1 and No. 4 of GREENBRIAR COURT, a
12-66 subdivision of land according to the map or plat thereof recorded
12-67 in Volume 24, Page 54 of the Harris County Map Records, said tract
12-68 being more particularly described as follows:
12-69 BEGINNING at the intersection of the existing northerly line
12-70 of U.S. Highway 59 South with the existing westerly line for
13-1 Greenbriar Drive;
13-2 THENCE westerly along the existing northerly line of U.S.
13-3 Highway 59 South, approximately 25 feet to an angle point;
13-4 THENCE southwesterly continuing along the existing northerly
13-5 line of U.S. Highway 59 South, approximately 393.51 feet to an
13-6 angle point;
13-7 THENCE westerly continuing along the existing northerly line
13-8 of U.S. Highway 59 South, approximately 265.3 feet to the
13-9 intersection of the east line of Morningside Drive with the
13-10 existing northerly line of U.S. Highway 59 South;
13-11 THENCE northerly along the east line of Morningside Drive,
13-12 approximately 325.65 feet to the northwest corner of the herein
13-13 described tract, same being the southwest corner of NORFOLK COURT,
13-14 a subdivision of land according to the map or plat thereof recorded
13-15 in Volume 46, Page 66 of the Harris County Map Records;
13-16 THENCE easterly along the south line of said NORFOLK COURT to
13-17 the southeast corner of said NORFOLK COURT, same being the
13-18 southwest corner of aforesaid GREENBRIAR COURT;
13-19 THENCE northerly along the west line of GREENBRIAR COURT to
13-20 the northwest corner of aforesaid Plot No. 1 of GREENBRIAR COURT,
13-21 on the southerly line of Norfolk Street;
13-22 THENCE easterly along the various courses of the southerly
13-23 line of Norfolk Street to the intersection of the existing west
13-24 line of Greenbriar Drive with the southerly line of Norfolk Street;
13-25 THENCE southerly along the existing west line of Greenbriar
13-26 Drive to the POINT OF BEGINNING.
13-27 (34) TRACT THIRTY-FOUR:
13-28 A tract of land being comprised of various acreage tracts and
13-29 being part of and out of GRETNA COURTS, a subdivision of land
13-30 according to the map or plat recorded in Volume 34, Page 45 of the
13-31 Harris County Map Records, and also being part of and out of Lots 1
13-32 thru 6, Block 5, and Lots 1 thru 6, Block 6, and Reserve A, lying
13-33 between said Blocks 5 and 6, of MARIAN ADDITION, a subdivision of
13-34 land according to the map or plat thereof recorded in Volume 292,
13-35 Page 520 of the Harris County Deed Records, and also being a
13-36 Reserve tract lying between Block 6 and 9 of said MARIAN ADDITION
13-37 as cited in Clerk's File No. L992707 of the Harris County Clerk's
13-38 Official Public Records of Real Property, said tract being more
13-39 particularly described as follows:
13-40 BEGINNING at the intersection of the existing east line of
13-41 Kirby Drive with the existing northerly line of U.S. Highway 59
13-42 South;
13-43 THENCE northerly along the existing east line of Kirby Drive
13-44 to the intersection of the south line of Norfolk Street with the
13-45 existing east line of Kirby Drive;
13-46 THENCE easterly along the south line of Norfolk Street to the
13-47 northeast corner of said Reserve tract lying between Blocks 6 and 9
13-48 of MARIAN ADDITION as cited in Clerk's File No. L992707;
13-49 THENCE southerly along the east line of said Reserve tract as
13-50 cited in Clerk's File No. L992707 to the southeast corner of said
13-51 Reserve tract, on the south line of said MARIAN ADDITION;
13-52 THENCE easterly along the south line of said MARIAN
13-53 SUBDIVISION to the intersection of the west line of Morningside
13-54 Drive with the south line of said MARIAN SUBDIVISION;
13-55 THENCE southerly along the west line of Morningside Drive to
13-56 the intersection of existing northerly line of U.S. Highway 59
13-57 South with the west line of Morningside Drive;
13-58 THENCE westerly along the existing northerly line of U.S.
13-59 Highway 59 South to the POINT OF BEGINNING, "save and except" all
13-60 public streets and rights-of-way including Algerian Way and Lomitas
13-61 Avenue.
13-62 (35) TRACT THIRTY-FIVE:
13-63 A tract of land being comprised of various acreage tracts,
13-64 and also being part of and out of CHATHAM PLACE ADDITION, a
13-65 subdivision of land according to the map or plat thereof recorded
13-66 in Volume 31, Page 30 of the Harris County Map Records, and also
13-67 being part of and out of a Partial Re-plat of 0.8639 Acres out of
13-68 WOODMONT ADDITION BLOCK 1, a subdivision of land according to the
13-69 map or plat thereof recorded in Volume 214, Page 77 of the Harris
13-70 County Map Records, said tract being more particularly described as
14-1 follows:
14-2 BEGINNING at the intersection of the existing northerly line
14-3 of U.S. Highway 59 South with the existing westerly line of Kirby
14-4 Drive;
14-5 THENCE westerly along the existing northerly line of U.S.
14-6 Highway 59 South, at approximately 568.8 feet pass the east line of
14-7 Virginia Street, and continuing to the intersection of the east
14-8 line of Wakeforest Street with the existing northerly line of U.S.
14-9 Highway 59 South;
14-10 THENCE northerly along the east line of Wakeforest Street to
14-11 the intersection of the south line of Lexington Street with the
14-12 east line of Wakeforest Street;
14-13 THENCE easterly along the south line of Lexington Street to
14-14 the intersection of the east line of the aforesaid Virginia Street,
14-15 same being the east termination line of said Lexington Street, with
14-16 the south line of Lexington Street;
14-17 THENCE northerly along the east termination line of said
14-18 Lexington Street, passing the northerly point of the east
14-19 termination line, same being the most southerly southeast corner of
14-20 the MADISON PLACE TOWNHOUSE SUBDIVISION according to the map or
14-21 plat thereof recorded in Clerk's Film Code NO. 150-31-0193 in the
14-22 Harris County Clerk's Official Public Records of Real Property, and
14-23 continuing along an easterly line of said MADISON PLACE TOWNHOUSE
14-24 SUBDIVISION to a re-entrant corner of subdivision;
14-25 THENCE easterly along the south line of said MADISON PLACE
14-26 TOWNHOUSE SUBDIVISION to the most southerly southeast corner of
14-27 said subdivision, same being the southwest corner of aforesaid
14-28 Partial Re-plat of 0.8639 Acres out of WOODMONT ADDITION BLOCK 1;
14-29 THENCE northerly along the most easterly line of said MADISON
14-30 PLACE TOWNHOUSE SUBDIVISION, same being the west line of said
14-31 Partial Re-plat of 0.8639 Acres out of WOODMONT ADDITION BLOCK 1,
14-32 to the intersection of the south line of Norfolk Street with the
14-33 west line of Lake Street;
14-34 THENCE easterly along the south line of Norfolk Street to the
14-35 intersection of a cutback line for Kirby Drive with the south line
14-36 of Norfolk Street;
14-37 THENCE southerly along the existing line of Kirby Drive to an
14-38 angle point;
14-39 THENCE southwesterly continuing along the existing line of
14-40 Kirby Drive, approximately 70.30 feet to the POINT OF BEGINNING,
14-41 "save and except" all public streets and rights-of-way contained
14-42 therein including Virginia Street.
14-43 (36) TRACT THIRTY-SIX:
14-44 A tract of land being comprised of various acreage tracts,
14-45 said tract being more particularly described as follows:
14-46 BEGINNING at the intersection of the existing southerly line
14-47 of U.S. Highway 59 South with the easterly line of Buffalo
14-48 Speedway;
14-49 THENCE easterly along the existing southerly line of U.S.
14-50 Highway 59 South, approximately 464.12 feet to the northwest corner
14-51 of LEMANS TOWNHOME CONDOMINIUMS, a subdivision according to the map
14-52 or plat thereof recorded in Volume 104, Page 118 of the Harris
14-53 County Condominium Records;
14-54 THENCE southerly along the west line of said LEMANS TOWNHOME
14-55 CONDOMINIUMS to the southwest corner of said LEMANS TOWNHOME
14-56 CONDOMINIUMS, on the northerly line of a T&NO railroad
14-57 right-of-way;
14-58 THENCE southwesterly along the northerly line of said T&NO
14-59 railroad right-of-way to the intersection of the easterly line of
14-60 Buffalo Speedway with the northerly line of said T&NO railroad
14-61 right-of-way;
14-62 THENCE northerly along the easterly line of Buffalo Speedway,
14-63 approximately 209 feet to an angle point;
14-64 THENCE northeasterly continuing along the easterly line of
14-65 Buffalo Speedway, approximately 73.35 feet to the POINT OF
14-66 BEGINNING.
14-67 (37) TRACT THIRTY-SEVEN:
14-68 A tract of land being comprised of various acreage tracts,
14-69 said tract being more particularly described as follows:
14-70 BEGINNING at the intersection of the existing southerly line
15-1 of U.S. Highway 59 South with the west line of Wakeforest Street;
15-2 THENCE southerly along the west line of Wakeforest Street,
15-3 approximately 352.87 feet to the intersection of the northerly line
15-4 of a T&NO railroad right-of-way with the west line of Wakeforest
15-5 Street;
15-6 THENCE southwesterly along the northerly line of said T&NO
15-7 railroad right-of-way, approximately 1,063.61 feet to the southeast
15-8 corner of the LEMANS TOWNHOME CONDOMINIUMS, a subdivision of land
15-9 according to the map or plat thereof recorded in Volume 104, Page
15-10 118 of the Harris County Condominium Records;
15-11 THENCE northerly along the east line of said LEMANS TOWNHOME
15-12 CONDOMINIUMS to the northeast corner of said LEMANS TOWNHOME
15-13 CONDOMINIUMS, on the existing southerly line of U.S. Highway 59
15-14 South;
15-15 THENCE easterly along the various courses of the existing
15-16 southerly line of U.S. Highway 59 South to the POINT OF BEGINNING.
15-17 (38) TRACT THIRTY-EIGHT:
15-18 A tract of land being comprised of various acreage tracts,
15-19 said tract being more particularly described as follows:
15-20 BEGINNING at the intersection of the existing southerly line
15-21 of U.S. Highway 59 South with the existing westerly line of Kirby
15-22 Drive;
15-23 THENCE southeasterly along the existing westerly line of
15-24 Kirby Drive, approximately 70.67 feet to an angle point;
15-25 THENCE southerly continuing along the existing westerly line
15-26 of Kirby Drive, approximately 188.97 feet to the intersection of
15-27 the northerly line of a T&NO railroad right-of-way with the
15-28 existing west line of Kirby Drive;
15-29 THENCE southwesterly along the northerly line of said T&NO
15-30 railroad right-of-way to the intersection of the east line of
15-31 Wakeforest Street with the northerly line of said T&NO railroad
15-32 right-of-way;
15-33 THENCE northerly along the east line of Wakeforest Street,
15-34 approximately 348.89 feet to the intersection of the existing
15-35 southerly line of U.S. Highway 59 South with the east line of
15-36 Wakeforest Street;
15-37 THENCE easterly along the courses of the existing southerly
15-38 line of U.S. Highway 59 South to the POINT OF BEGINNING.
15-39 (39) TRACT THIRTY-NINE:
15-40 A tract of land being comprised of several acreage tracts and
15-41 also all of SOUTHEAST KIRBY/59, a subdivision of land according to
15-42 the map or plat thereof recorded in Volume 346, Page 46 of the
15-43 Harris County Map Records, said tract being more particularly
15-44 described as follows:
15-45 BEGINNING at the intersection of the existing southerly line
15-46 of U.S. Highway 59 South with the existing easterly line of Kirby
15-47 Drive, same being the northwest corner of said SOUTHEAST KIRBY/59;
15-48 THENCE easterly along the courses of the existing southerly
15-49 line of U.S. Highway 59 South, approximately 1,677.41 feet to an
15-50 angle point;
15-51 THENCE southeasterly along a cutback line at the southwest
15-52 corner of said U.S. Highway 59 South and Greenbriar Drive,
15-53 approximately 68.54 feet to the southerly termination point of said
15-54 cutback line, on the existing west line of Greenbriar Drive;
15-55 THENCE southerly along the existing west line of Greenbriar
15-56 Drive, approximately 118.61 feet to a point for corner;
15-57 THENCE southwesterly along the northerly line of a T&N0
15-58 railroad right-of-way, approximately 1,110.83 feet to a point for
15-59 corner, being a re-entrant corner in said railroad right-of-way;
15-60 THENCE northerly along said railroad right-of-way to the
15-61 southeast corner of aforesaid SOUTHEAST KIRBY/59;
15-62 THENCE southwesterly along the southerly line of said
15-63 SOUTHEAST KIRBY/59, same being the northerly line of said T&NO
15-64 railroad right-of-way, approximately 653.22 feet to the
15-65 intersection of the existing east line of Kirby Drive with the
15-66 northerly line of said T&NO railroad right-of-way, same being the
15-67 southwest corner of said SOUTHEAST KIRBY/59;
15-68 THENCE northerly along the courses of the existing east line
15-69 of Kirby Drive, for an approximate total distance of 240.14 feet to
15-70 the POINT OF BEGINNING.
16-1 (40) TRACT FORTY:
16-2 A tract of land being comprised of various acreage tracts,
16-3 said tract being more particularly described as follows:
16-4 BEGINNING at the intersection of the north line of MELLON
16-5 SUBDIVISION according to the map or plat thereof recorded in Volume
16-6 572, Page 276 of the Harris County Deed Records with the existing
16-7 east line of Kirby Drive;
16-8 THENCE northerly along the existing east line of Kirby Drive,
16-9 approximately 362.7 feet to a point for corner;
16-10 THENCE northeasterly along the northerly line of the herein
16-11 described tract, approximately 675.31 feet to a point for corner;
16-12 THENCE northerly for a distance of 29.58 feet to a point for
16-13 corner;
16-14 THENCE northeasterly along the northerly line of the herein
16-15 described tract, approximately 1,113.43 feet to a point for corner,
16-16 on the existing west line of Greenbriar Drive;
16-17 THENCE southerly along the west line of Greenbriar Drive,
16-18 approximately 502.10 feet to the intersection of the north line of
16-19 Block 1 of GREENBRIAR SUBDIVISION, according to the map or plat
16-20 thereof recorded in Volume 998, Page 411 of the Harris County Deed
16-21 Records with the west line of Greenbriar Drive;
16-22 THENCE westerly along the north line of said Block 1 to the
16-23 northwest corner of said GREENBRIAR SUBDIVISION;
16-24 THENCE southerly along the west line of said GREENBRIAR
16-25 SUBDIVISION, to the northeast corner of Lot 11, Block 2 of
16-26 aforesaid MELLON SUBDIVISION;
16-27 THENCE westerly along the north line of said MELLON
16-28 SUBDIVISION to the POINT OF BEGINNING.
16-29 (41) TRACT FORTY-ONE:
16-30 A tract of land being part of and out of Block 1 of MELLON
16-31 SUBDIVISION, according to the map or plat thereof recorded in
16-32 Volume 572, Page 276 of the Harris County Deed Records, said tract
16-33 being more particularly described by metes and bounds as follows:
16-34 BEGINNING at the intersection of the north line of said
16-35 MELLON SUBDIVISION with the existing east line of Kirby Drive;
16-36 THENCE easterly along the north line of said MELLON
16-37 SUBDIVISION to the northeast corner of Lot 10, Block 1 of said
16-38 MELLON SUBDIVISION;
16-39 THENCE southerly along the east line of said Lot 10 to the
16-40 southeast corner of said Lot 10, on the north line of North
16-41 Boulevard;
16-42 THENCE westerly along the north line of North Boulevard to
16-43 the intersection of the existing east line of Kirby Drive with the
16-44 north line of North Boulevard;
16-45 THENCE northerly along the existing line of Kirby Drive to
16-46 the POINT OF BEGINNING.
16-47 (42) TRACT FORTY-TWO:
16-48 A tract of land being part of and out of Block 3 of MELLON
16-49 SUBDIVISION, according to the map or plat thereof recorded in
16-50 Volume 572, Page 276 of the Harris County Deed Records, said tract
16-51 being more particularly described as follows:
16-52 BEGINNING at the intersection of the existing east line of
16-53 Kirby Drive with the south line of North Boulevard;
16-54 THENCE easterly along the south line of North Boulevard to
16-55 the intersection of the west line of Mellon Street with the south
16-56 line of North Boulevard;
16-57 THENCE southerly along the west line of Mellon Street to the
16-58 intersection of the north line of Bartlett Avenue with the west
16-59 line of Mellon Street;
16-60 THENCE westerly along the north line of Bartlett Avenue to
16-61 the intersection of the existing east line of Kirby Drive with the
16-62 north line of Bartlett Avenue;
16-63 THENCE northerly along the existing east line of Kirby Drive
16-64 to the POINT OF BEGINNING.
16-65 (43) TRACT FORTY-THREE:
16-66 A tract of land being part of and out of Block 5 of MELLON
16-67 SUBDIVISION, according to the map or plat thereof recorded in
16-68 Volume 572, Page 276 of the Harris County Deed Records, and being
16-69 part of and out of Block 1 of MONONA COURT, a subdivision of land
16-70 according to the map or plat thereof recorded in Volume 7, Page 69
17-1 of the Harris County Map Records, said tract being more
17-2 particularly described as follows:
17-3 BEGINNING at the intersection of the existing east line of
17-4 Kirby Drive with the south line of Bartlett Avenue;
17-5 THENCE easterly along the south line of Bartlett Avenue to
17-6 the Northeast corner of Lot 10, Block 5 of said MELLON SUBDIVISION;
17-7 THENCE southerly along the east line of said Lot 10, Block 5
17-8 of MELLON SUBDIVISION to the southeast corner of said Lot 10, Block
17-9 5 of MELLON SUBDIVISION, and continuing across a reserve or strip
17-10 of land lying between said MELLON SUBDIVISION and MONONA COURT, a
17-11 subdivision of land according to the map or plat recorded in Volume
17-12 7, Page 69 of the Harris County Map Records, to the northeast
17-13 corner of Lot 10, Block 1 of said MONONA COURT;
17-14 THENCE southerly along the east line of said Lot 10, Block 1
17-15 of MONONA COURT, to the southeast corner of said Lot 10, Block 1 of
17-16 MONONA COURT, on the north line of South Boulevard;
17-17 THENCE westerly along the north line of South Boulevard to
17-18 the intersection of the existing east line of Kirby Drive with the
17-19 north line of South Boulevard;
17-20 THENCE northerly along the existing east line of Kirby Drive
17-21 to the POINT OF BEGINNING, "save and except" all public streets or
17-22 rights-of-way or drainage ways contained therein.
17-23 (44) TRACT FORTY-FOUR:
17-24 A tract of land being part of and out of Block 2 of MONONA
17-25 COURT, a subdivision of land according to the map or plat thereof
17-26 recorded in Volume 7, Page 69 of the Harris County Map Records,
17-27 said tract being more particularly described as follows:
17-28 BEGINNING at the intersection of the existing east line of
17-29 Kirby Drive with the south line of South Boulevard;
17-30 THENCE easterly along the south line of South Boulevard to
17-31 the northeast corner of Lot 19 of said Block 2;
17-32 THENCE southerly along the east line of said Lot 19, and the
17-33 east line of Lot 20, respectively, to the southeast corner of said
17-34 Lot 20, on the north line of Bissonnet Avenue;
17-35 THENCE westerly along the north line of Bissonnet Avenue to
17-36 the intersection of the existing east line of Kirby Drive with the
17-37 north line of Bissonnet Avenue;
17-38 THENCE northerly along the existing east line of Kirby Drive
17-39 to the POINT OF BEGINNING.
17-40 (45) TRACT FORTY-FIVE:
17-41 A tract of land being comprised of two acreage tracts, said
17-42 tract being more particularly described as follows:
17-43 BEGINNING at the intersection of the existing west line of
17-44 Kirby Drive with the north line of Milford Street;
17-45 THENCE westerly along the north line of Milford Street,
17-46 approximately 713.27 feet to a point for corner;
17-47 THENCE northerly along the east line of Milford Street,
17-48 approximately 149.9 feet to a point for corner;
17-49 THENCE northeasterly along the northerly line of the herein
17-50 described tract, approximately 723.5 feet to a point for corner, on
17-51 the existing west line of Kirby Drive;
17-52 THENCE southerly along the existing west line of Kirby Drive,
17-53 approximately 200.9 feet to the POINT OF BEGINNING.
17-54 (46) TRACT FORTY-SIX:
17-55 A tract of land being comprised of various acreage tracts,
17-56 said tract being more particularly described as follows:
17-57 BEGINNING at the intersection of the existing west line of
17-58 Kirby Drive with the southerly line of Milford Street;
17-59 THENCE southerly along the existing west line of Kirby Drive,
17-60 approximately 250 feet to the intersection of the north line of
17-61 North Boulevard with the existing west line of Kirby Drive;
17-62 THENCE westerly along the north line of North Boulevard,
17-63 approximately 200 feet to the southeast corner of KIRBY PLACE U/R
17-64 tract as described in Clerk's File No. J827892 of the Harris County
17-65 Clerk's Official Public Records of Real Property;
17-66 THENCE northerly along the east line of said KIRBY PLACE U/R
17-67 tract to the northeast corner of said KIRBY PLACE U/R tract;
17-68 THENCE westerly along the northerly line of said KIRBY PLACE
17-69 U/R tract to the northwest corner of said KIRBY PLACE U/R tract, on
17-70 the east line of Dincans Street;
18-1 THENCE northerly along the east line of Dincans Street to the
18-2 intersection of the south line of Milford Street with the east line
18-3 of Dincans Street;
18-4 THENCE easterly along the south line of Milford Street,
18-5 approximately 537.8 feet to an angle point;
18-6 THENCE southeasterly continuing along a cutback in the
18-7 southerly line of Milford Street to the POINT OF BEGINNING.
18-8 (47) TRACT FORTY-SEVEN:
18-9 A tract of land being comprised of various acreage tracts,
18-10 said tract being more particularly described as follows:
18-11 BEGINNING at the intersection of the existing west line of
18-12 Kirby Drive with the south line of North Boulevard;
18-13 THENCE southerly along the existing west line of Kirby Drive,
18-14 approximately 730 feet to the intersection of the existing north
18-15 line of Bissonnet Avenue with the existing west line of Kirby
18-16 Drive;
18-17 THENCE westerly along the existing north line of Bissonnet
18-18 Avenue to the intersection of the east line of Dincans Street with
18-19 the existing north line of Bissonnet Avenue;
18-20 THENCE northerly along the east line of Dincans Street,
18-21 approximately 730 feet to the intersection of the south line of
18-22 North Boulevard with the east line of Dincans Street;
18-23 THENCE easterly along the south line of North Boulevard,
18-24 approximately 561 feet to the POINT OF BEGINNING.
18-25 (48) TRACT FORTY-EIGHT:
18-26 A tract of land being comprised of various acreage tracts,
18-27 said tract being more particularly described as follows:
18-28 BEGINNING at the intersection of the existing north line of
18-29 Bissonnet Avenue with the west line of Dincans Street;
18-30 THENCE westerly along the existing north line of Bissonnet
18-31 Avenue to the intersection of the east line of Wakeforest Street
18-32 with the existing north line of Bissonnet Avenue;
18-33 THENCE northerly along the east line of Wakeforest Street to
18-34 the intersection of the southerly line of Westpark Drive with the
18-35 east line of Wakeforest Street;
18-36 THENCE northeasterly along the southerly line of Westpark
18-37 Drive to the intersection of west line of Milford Street with the
18-38 southerly line of Westpark Drive;
18-39 THENCE southerly along the west line of Milford Street,
18-40 approximately 131.04 feet to a re-entrant corner of said Milford
18-41 Street;
18-42 THENCE easterly along the south line of Milford Street,
18-43 approximately 141.38 feet to the intersection of the west line of
18-44 Dincans Street with the south line of Milford Street;
18-45 THENCE southerly along the west line of Dincans Street to the
18-46 POINT OF BEGINNING.
18-47 (49) TRACT FORTY-NINE:
18-48 A tract of land being comprised of several acreage tracts,
18-49 and also being part of and out of BISSONNET CENTER, SECTION THREE
18-50 (3), a subdivision of land according to he map or plat thereof
18-51 recorded in Volume 43, Page 75 of the Harris County Map Records,
18-52 said tract being more particularly described as follows:
18-53 BEGINNING at the intersection of the existing north line of
18-54 Bissonnet Avenue with the west line of Wakeforest Street;
18-55 THENCE westerly along the existing north line of Bissonnet
18-56 Avenue, at approximately 798.45 feet pass the east line of Belmont
18-57 Street, and continuing across Belmont Street to the intersection of
18-58 the east line of Buffalo Speedway with the existing north line of
18-59 Bissonnet Avenue;
18-60 THENCE northerly along the east line of Buffalo Speedway, at
18-61 approximately 745.6 feet pass the south line of Purdue Street, and
18-62 continuing across Purdue Street, along and with the existing east
18-63 line of Buffalo Speedway to the intersection of the southerly line
18-64 of Westpark Drive with the existing east line of Buffalo Speedway;
18-65 THENCE northeasterly along the southerly line of Westpark
18-66 Drive to the intersection of the west line of Wakeforest Street
18-67 with the southerly line of Westpark Drive;
18-68 THENCE southerly along the west line of Wakeforest Street,
18-69 approximately 1,307.6 feet to the POINT OF BEGINNING, "save and
18-70 except" all public streets and rights-of-way included therein
19-1 including Purdue Street, Belmont Street and South Boulevard.
19-2 (b) The district may annex or exclude land from the district
19-3 in the manner provided by Subchapter C, Chapter 375, Local
19-4 Government Code.
19-5 (c) A current description of the district's boundaries shall
19-6 be filed with the Texas Natural Resource Conservation Commission.
19-7 Any mistake in the description of the district's boundaries may be
19-8 corrected by order of the commission.
19-9 SECTION 5. FINDINGS RELATING TO BOUNDARIES. The legislature
19-10 finds that the boundaries and field notes of the district form a
19-11 closure. If a mistake is made in the field notes or in copying the
19-12 field notes in the legislative process, the mistake does not in any
19-13 way affect the:
19-14 (1) organization, existence, and validity of the
19-15 district;
19-16 (2) right of the district to issue any type of bonds
19-17 or refunding bonds for the purposes for which the district is
19-18 created or to pay the principal of and interest on the bonds;
19-19 (3) right of the district to levy and collect
19-20 assessments or taxes; or
19-21 (4) legality or operation of the district or its
19-22 governing body.
19-23 SECTION 6. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) The
19-24 legislature finds that all of the land and other property included
19-25 within the boundaries of the district will be benefited by the
19-26 improvements and services to be provided by the district under
19-27 powers conferred by Section 52, Article III, Section 59, Article
19-28 XVI, and Section 52-a, Article III, Texas Constitution, and other
19-29 powers granted under this Act, and that the district is created to
19-30 serve a public use and benefit.
19-31 (b) The legislature finds that:
19-32 (1) the creation of the district is in the public
19-33 interest and is essential to:
19-34 (A) further the public purposes of the
19-35 development and diversification of the economy of the state; and
19-36 (B) eliminate unemployment and underemployment
19-37 and develop or expand transportation and commerce;
19-38 (2) the district will promote the health, safety, and
19-39 general welfare of residents, employers, employees, visitors,
19-40 consumers in the district, and the general public;
19-41 (3) the district will provide needed funding for the
19-42 Kirby Drive vicinity of the city to preserve, maintain, and enhance
19-43 the economic health and vitality of the area as a community and
19-44 business center; and
19-45 (4) the district will further promote the health,
19-46 safety, welfare, and enjoyment of the public by providing
19-47 pedestrian ways and by landscaping and developing certain areas
19-48 within the district, which are necessary for the restoration,
19-49 preservation, and enhancement of scenic and aesthetic beauty.
19-50 (c) The legislature finds that the present and prospective
19-51 traffic congestion in the district, the need for traffic control,
19-52 the need to improve pedestrian safety, and the limited availability
19-53 of money require the promotion and development of public
19-54 transportation and pedestrian facilities and systems by new and
19-55 alternative means. The district will serve the public purpose of
19-56 securing expanded and improved transportation and pedestrian
19-57 facilities and systems. The public transportation and pedestrian
19-58 facilities and systems promoted and developed by the district will
19-59 be attractive, safe, and convenient and will benefit the land and
19-60 property in the district, the district's residents, employers,
19-61 employees, visitors, and consumers, and the general public.
19-62 (d) The legislature finds and determines that pedestrian
19-63 ways along or across a street, whether at grade or above or below
19-64 the surface, and street lighting, street landscaping, and street
19-65 art objects are parts of and necessary components of a street and
19-66 are considered to be a street or road improvement.
19-67 (e) The district will not act as the agent or
19-68 instrumentality of any private interest even though many private
19-69 interests will be benefited by the district, as will the general
19-70 public.
20-1 (f) A purpose of this Act is to promote and benefit
20-2 commercial development and commercial areas in the Kirby Drive
20-3 vicinity of the city. The legislature finds and declares that each
20-4 improvement project or service authorized by this Act is carried
20-5 out for a public purpose.
20-6 SECTION 7. CONSTRUCTION OF ACT. This Act shall be liberally
20-7 construed in conformity with the legislative findings and purposes
20-8 stated in this Act.
20-9 SECTION 8. BOARD OF DIRECTORS IN GENERAL. (a) The district
20-10 is governed by a board of five directors who serve staggered
20-11 four-year terms.
20-12 (b) Quorum requirements, concurrence for board action,
20-13 officers' duties, and fees of office for the board are governed by
20-14 Sections 54.107 and 54.114, Water Code. Subchapter D, Chapter 375,
20-15 Local Government Code, applies to the board to the extent that
20-16 subchapter does not conflict with this Act.
20-17 SECTION 9. INITIAL DIRECTORS. (a) The initial board
20-18 consists of the following persons:
20-19 Pos. No. Name of Director
20-20 1 A. Lonnie Schiller
20-21 2 Roy L. Wakefield
20-22 3 W. T. Dickey
20-23 4 Morris B. Penner
20-24 5 Robert H. Schultz
20-25 (b) Of the initial directors, the directors appointed for
20-26 positions 1 and 2 serve until June 1, 1997, and the directors
20-27 appointed for positions 3 through 5 serve until June 1, 1999.
20-28 SECTION 10. SUBSEQUENT DIRECTORS. Subsequent directors
20-29 shall be appointed and qualify to serve in the manner provided by
20-30 Subchapter D, Chapter 375, Local Government Code. A vacancy in the
20-31 office of director because of the death, resignation, or removal of
20-32 a director shall be filled by the remaining members of the board by
20-33 appointing a qualified person for the unexpired term.
20-34 SECTION 11. POWERS OF DISTRICT. (a) The district has all
20-35 powers necessary or required to accomplish the purposes for which
20-36 the district was created.
20-37 (b) The district has the rights, powers, privileges,
20-38 authorities, and functions of a district created under Chapter 375,
20-39 Local Government Code.
20-40 (c) The district has the powers conferred on a corporation
20-41 under Section 4B, the Development Corporation Act of 1979 (Article
20-42 5190.6, Vernon's Texas Civil Statutes). The district may own,
20-43 operate, acquire, construct, lease, improve, and maintain projects
20-44 described by that section.
20-45 (d) The district may exercise the power of a housing finance
20-46 corporation created under Chapter 394, Local Government Code.
20-47 (e) The district may levy, impose, assess, charge, or
20-48 collect ad valorem taxes, assessments, impact fees, or other fees
20-49 in accordance with Subchapters F-H, Chapter 375, Local Government
20-50 Code, or Chapter 54, Water Code, for purposes specified in Chapter
20-51 375, Local Government Code, or as necessary to accomplish a
20-52 purpose, function, power, or duty for which the district is
20-53 created.
20-54 SECTION 12. CONFLICTS WITH OTHER LAW. If any provision of
20-55 general law, including a law referenced in Section 11 of this Act,
20-56 is in conflict with or is inconsistent with this Act, this Act
20-57 prevails. Any law referenced in this Act that is not in conflict
20-58 or inconsistent with this Act is adopted and incorporated by
20-59 reference.
20-60 SECTION 13. TORT CLAIMS. The district is a unit of
20-61 government for purposes of Chapter 101, Civil Practice and Remedies
20-62 Code. The operations of the district are considered to be
20-63 essential governmental functions for all purposes and not
20-64 proprietary functions.
20-65 SECTION 14. NONPROFIT CORPORATION. (a) The board by
20-66 resolution may authorize the creation of a nonprofit corporation to
20-67 aid, assist, and act on behalf of the district in implementing a
20-68 project or providing a service authorized by this Act.
20-69 (b) The board shall appoint the board of directors of a
20-70 nonprofit corporation created under this section. The board of
21-1 directors of the nonprofit corporation shall serve in the same
21-2 manner as, for the same term as, and on the conditions of the board
21-3 of directors of a local government corporation created under the
21-4 Texas Transportation Corporation Act (Article 1528l, Vernon's Texas
21-5 Civil Statutes).
21-6 (c) A nonprofit corporation created under this section has
21-7 the powers of and is considered for purposes of this Act to be a
21-8 local government corporation created under the Texas Transportation
21-9 Corporation Act (Article 1528l, Vernon's Texas Civil Statutes).
21-10 (d) A nonprofit corporation created under this section may
21-11 implement any project and provide any services authorized by this
21-12 Act.
21-13 SECTION 15. DEBT. The district may issue bonds, notes, or
21-14 other debt obligations in accordance with Subchapters I and J,
21-15 Chapter 375, Local Government Code, for the purposes specified in
21-16 that chapter or as may be required to accomplish the purposes,
21-17 functions, powers, and duties for which the district is created.
21-18 SECTION 16. ASSESSMENTS. (a) An assessment imposed on
21-19 property under this Act is a personal obligation of the person who
21-20 owns the property on January 1 of the year for which the assessment
21-21 is imposed. A person is not relieved of the obligation if the
21-22 person transfers title to the property.
21-23 (b) On January 1 of the year for which an assessment under
21-24 this Act is imposed on property, a lien attaches to the property to
21-25 secure the payment of the assessment and any interest accrued on
21-26 the assessment. The lien has the same priority as a lien for taxes
21-27 of the district.
21-28 (c) Not later than the fourth anniversary after the date on
21-29 which the assessment became due, the district may file suit to
21-30 foreclose the lien on or enforce the personal obligation for, or
21-31 both foreclose the lien on and enforce the personal obligation for,
21-32 an assessment imposed under this Act that is not paid in a timely
21-33 manner and any interest accrued on that assessment.
21-34 (d) In addition to recovering the amount of the assessment
21-35 and interest accrued on the assessment, if any, the district may
21-36 recover in a suit filed under this section reasonable costs,
21-37 including attorney's fees, incurred by the district in foreclosing
21-38 the lien or enforcing the personal obligation in an amount not to
21-39 exceed 20 percent of the delinquent assessment and interest.
21-40 (e) An assessment that is delinquent for more than four
21-41 years after the date on which the assessment became due and any
21-42 interest imposed on the assessment is considered paid if a suit is
21-43 not filed before the time period prescribed by Subsection (c) of
21-44 this section.
21-45 (f) For purposes of a title insurance policy issued under
21-46 Chapter 9, Insurance Code, an assessment is a tax.
21-47 SECTION 17. ELECTIONS. (a) The district shall hold
21-48 elections in the manner provided by Subchapter L, Chapter 375,
21-49 Local Government Code.
21-50 (b) The board may submit multiple purposes in a single
21-51 proposition or may submit multiple propositions at an election.
21-52 SECTION 18. MAINTENANCE TAX. (a) If authorized at an
21-53 election held under Section 17 of this Act, the district may levy
21-54 and collect an annual ad valorem tax on taxable property in the
21-55 district for the maintenance, restoration, replacement, or
21-56 operation of the district, the improvements constructed or acquired
21-57 by the district, or the facilities, works, or services of the
21-58 district.
21-59 (b) The board shall determine the tax rate.
21-60 SECTION 19. DISSOLUTION OF DISTRICT. (a) The district may
21-61 be dissolved as provided in Subchapter M, Chapter 375, Local
21-62 Government Code.
21-63 (b) Notwithstanding Section 375.264, Local Government Code,
21-64 a district that has debt may be dissolved as provided by Subchapter
21-65 M, Chapter 375, Local Government Code. If the district has debt
21-66 and is dissolved, the district shall remain in existence solely for
21-67 the limited purpose of discharging its bonds or other obligations
21-68 according to their terms.
21-69 SECTION 20. CONTRACTS. (a) The district may contract with
21-70 a state agency, a municipality, county, or other political
22-1 subdivision of the state, a corporation, or any other person to
22-2 carry out any purpose of this Act. A contract under this
22-3 subsection may:
22-4 (1) be for a period on which the parties agree;
22-5 (2) include terms on which the parties agree;
22-6 (3) not require further authorization, notwithstanding
22-7 any other law or charter provisions to the contrary; and
22-8 (4) provide for the payment, allocation, or rebate of
22-9 taxes or other available revenue, including project income or user
22-10 fees.
22-11 (b) To protect the public interest, the district may
22-12 contract with the city or county for the provision of law
22-13 enforcement and security services by the county or city in the
22-14 district on a fee basis. The district may contract with private
22-15 security providers to supplement the security services provided by
22-16 the city or county.
22-17 SECTION 21. Competitive Bidding. The competitive bidding
22-18 requirement provided by Subchapter K, Chapter 375, Local Government
22-19 Code, applies to the district.
22-20 SECTION 22. REINVESTMENT ZONES. All or any part of the area
22-21 of the district is eligible to be included in a tax incremental
22-22 reinvestment zone created by the city under Chapter 311, Tax Code,
22-23 or included in a tax abatement reinvestment zone created by the
22-24 city under Chapter 312, Tax Code.
22-25 SECTION 23. NOTICE AND CONSENT. The legislature finds that:
22-26 (1) proper and legal notice of the intention to
22-27 introduce this Act, setting forth the general substance of this
22-28 Act, has been published as provided by law, and the notice and a
22-29 copy of this Act have been furnished to all persons, agencies,
22-30 officials, or entities to which they are required to be furnished
22-31 by the constitution and laws of this state, including the governor,
22-32 who has submitted the notice and a copy of this Act to the Texas
22-33 Natural Resource Conservation Commission;
22-34 (2) the Texas Natural Resource Conservation Commission
22-35 has filed its recommendations relating to this Act with the
22-36 governor, lieutenant governor, and speaker of the house of
22-37 representatives within the required time;
22-38 (3) the general law relating to consent by political
22-39 subdivisions to the creation of districts with conservation,
22-40 reclamation, and road powers and the inclusion of land in those
22-41 districts has been complied with; and
22-42 (4) all requirements of the constitution and laws of
22-43 this state and the rules and procedures of the legislature with
22-44 respect to the notice, introduction, and passage of this Act have
22-45 been fulfilled and accomplished.
22-46 SECTION 24. EMERGENCY. The importance of this legislation
22-47 and the crowded condition of the calendars in both houses create an
22-48 emergency and an imperative public necessity that the
22-49 constitutional rule requiring bills to be read on three several
22-50 days in each house be suspended, and this rule is hereby suspended,
22-51 and that this Act take effect and be in force from and after its
22-52 passage, and it is so enacted.
22-53 * * * * *