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 * * * * *