By Danburg H.B. No. 3146 75R3460 CLG-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the creation, administration, powers, and duties of the 1-3 Upper Kirby Management District; granting the authority to issue 1-4 bonds; authorizing a tax. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Subtitle A, Title 12, Local Government Code, is 1-7 amended by adding Chapter 376 to read as follows: 1-8 CHAPTER 376. SPECIFIC MUNICIPAL MANAGEMENT DISTRICTS 1-9 (Subchapters A-C reserved for expansion 1-10 SUBCHAPTER D. UPPER KIRBY MANAGEMENT DISTRICT 1-11 Sec. 376.121. CREATION OF DISTRICT. (a) A special district 1-12 to be known as the "Upper Kirby Management District" exists as a 1-13 governmental agency, body politic and corporate, and political 1-14 subdivision of the state. 1-15 (b) The name of the district may be changed by resolution of 1-16 the board. 1-17 (c) The creation of the district is essential to accomplish 1-18 the purposes of Section 52, Article III, Section 59, Article XVI, 1-19 and Section 52-a, Article III, Texas Constitution, and other public 1-20 purposes stated in this subchapter. 1-21 Sec. 376.122. DECLARATION OF INTENT. (a) The creation of 1-22 the district is necessary to promote, develop, encourage, and 1-23 maintain employment, commerce, transportation, housing, tourism, 1-24 recreation, arts, entertainment, economic development, safety, and 2-1 the public welfare in the area traversed by Kirby Drive in the 2-2 municipality. 2-3 (b) The creation of the district and this legislation is not 2-4 to be interpreted to relieve the county or the municipality from 2-5 providing the level of services, as of September 1, 1997, to the 2-6 area in the district or to release the county or the municipality 2-7 from the obligations each entity has to provide services to that 2-8 area. The district is created to supplement and not supplant the 2-9 municipal or county services provided in the area in the district. 2-10 (c) By creating the district and in authorizing the 2-11 municipality, county, and other political subdivisions to contract 2-12 with the district, the legislature has established a program to 2-13 accomplish the public purposes set out in Section 52-a, Article 2-14 III, Texas Constitution. 2-15 Sec. 376.123. DEFINITIONS. In this subchapter: 2-16 (1) "Board" means the board of directors of the 2-17 district. 2-18 (2) "District" means the Upper Kirby Management 2-19 District. 2-20 (3) "Municipality" means the City of Houston, Texas. 2-21 (4) "County" means Harris County, Texas. 2-22 Sec. 376.124. BOUNDARIES. (a) The district includes all 2-23 the acreage contained in the following forty-nine (49) tracts of 2-24 land in the A.C. Reynolds Survey, Abstract No. 61, in the City of 2-25 Houston, Harris County, Texas, more particularly described as 2-26 follows: 2-27 (1) TRACT ONE: 3-1 A tract of land being all of two tracts of land being 19,230 3-2 Square Feet and 102,972 Square Feet, being part of and out of 3-3 DICKEYS WEST PARK, a subdivision of land according to the map or 3-4 plat thereof recorded in Volume 55, Page 45 of the Harris County 3-5 Deed Records, said tract being more particularly described as 3-6 follows: 3-7 BEGINNING at the intersection of the existing southerly line 3-8 of San Felipe Road with the existing east line of Kirby Drive; 3-9 THENCE easterly along the existing southerly line of San 3-10 Felipe Road, approximately 306.90 feet to a point for corner, same 3-11 being the intersection of the existing southerly line of San Felipe 3-12 Road with the west line of Argonne Street; 3-13 THENCE southerly along the west line of Argonne Street, 3-14 approximately 432.09 feet to the northerly line of the HUNTINGDON 3-15 CONDOMINIUM subdivision according to the map or plat thereof 3-16 recorded in Volume 132, Page 90 of the Condominium Records of 3-17 Harris County, Texas; 3-18 THENCE westerly along the north line of said HUNTINGDON 3-19 CONDOMINIUM subdivision, approximately 301.9 feet to the Northwest 3-20 corner of said HUNTINGDON CONDOMINIUM subdivision, on the existing 3-21 east line of Kirby Drive; 3-22 THENCE northerly along the existing east line of Kirby Drive, 3-23 approximately 377.11 feet to the POINT OF BEGINNING. 3-24 (2) TRACT TWO: 3-25 A tract of land being Tract or Block 25 according to the map 3-26 or plat of RIVER OAKS, SECTION FOUR (4), a subdivision of land 3-27 recorded in Volume 9, Page 27 of the Harris County Map Records, 4-1 said tract being more particularly described as follows: 4-2 BEGINNING at the intersection of the existing northerly line 4-3 of Westheimer Road with the east line of River Oaks Boulevard; 4-4 THENCE northerly along the east line of River Oaks Boulevard, 4-5 approximately 284.8 feet to the intersection of the south line of 4-6 Locke Lane with the east line of River Oaks Boulevard; 4-7 THENCE easterly along the south line of Locke Lane, 4-8 approximately 393.7 feet to the intersection of the west line of 4-9 Eastside Lane with the south line of Locke Lane; 4-10 THENCE southerly along the west line of Eastside Lane, 4-11 approximately 285 feet to the intersection of the west line of 4-12 Eastside Lane with the existing northerly line of Westheimer Road; 4-13 THENCE westerly along the existing northerly line of 4-14 Westheimer Road to the POINT OF BEGINNING. 4-15 (3) TRACT THREE: 4-16 A tract of land being shown on the plat or map as "Reserved 4-17 for Business Purposes" of the subdivision of the SECOND ADDITION TO 4-18 AVALON PLACE as recorded in Volume 12, Page 70 of the Harris County 4-19 Map Records, same being part of and out of Blocks 16, 17 and 18 of 4-20 DICKEYS WEST PARK ADDITION, a subdivision of land according to the 4-21 map or plat thereof recorded in Volume 55, Page 45 of the Harris 4-22 County Deed Records, and also including a portion of a closed 4-23 street labeled as Virginia Avenue (50 feet wide) as shown on the 4-24 said plat of SECOND ADDITION TO AVALON PLACE, said tract being more 4-25 particularly described as follows: 4-26 BEGINNING at the intersection of the existing east line of 4-27 Bellmeade Road with the existing northerly line of Westheimer Road; 5-1 THENCE in a northerly direction along the east line of 5-2 Bellmeade Road, approximately 143.5 feet to a point for corner, on 5-3 the South line of Block D of said SECOND ADDITION TO AVALON PLACE; 5-4 THENCE easterly along the southerly line of lots or tracts 5-5 out of Block D, Block E and Block F, respectively, to a point for 5-6 corner, on the existing west line of Kirby Drive; 5-7 THENCE southerly along the existing west line of Kirby Drive, 5-8 approximately 305 feet to the intersection of the existing 5-9 northerly line of Westheimer Road with the existing west line of 5-10 Kirby Drive; 5-11 THENCE westerly along the existing line of Westheimer Road, 5-12 approximately 1,048 feet to the POINT OF BEGINNING, "save and 5-13 except" that portion of Lake Avenue (50 feet wide) between Blocks 5-14 16 and 17 of said SECOND ADDITION TO AVALON PLACE. 5-15 (4) TRACT FOUR: 5-16 A tract of land being part of and out Block 15 of DICKEYS 5-17 WEST PARK ADDITION, a subdivision of land according to the map or 5-18 plat recorded in Volume 55, Page 45 of the Harris County Deed 5-19 Records, said tract being more particularly described as follows: 5-20 BEGINNING at the intersection of the existing east line of 5-21 Kirby Drive with the existing northerly line of Westheimer Road; 5-22 THENCE northerly along the existing east line of Kirby Drive 5-23 to the point of intersection of the existing east line of Kirby 5-24 Drive with the southerly line of San Saba Street; 5-25 THENCE easterly along the southerly line of San Saba Street 5-26 to the intersection of the southerly line of San Saba Street with 5-27 the west line of Argonne Avenue; 6-1 THENCE southerly along the west line of Argonne Avenue to the 6-2 intersection of the west line of Argonne Avenue with the existing 6-3 northerly line of Westheimer Road; 6-4 THENCE westerly along the existing northerly line of 6-5 Westheimer Road to the POINT OF BEGINNING. 6-6 (5) TRACT FIVE: 6-7 A tract of land being part of and out of Block 14 of COLLEGE 6-8 HEIGHTS, a subdivision of land according to the map or plat thereof 6-9 recorded in Volume 3, Page 38B of the Harris County Map Records, 6-10 said tract being more particularly described as follows: 6-11 BEGINNING at the intersection of the existing southerly line 6-12 of Westheimer Road with the east line of Argonne Avenue; 6-13 THENCE easterly along the existing southerly line of 6-14 Westheimer Road to the intersection of the west line of Revere 6-15 Avenue with the existing southerly line of Westheimer Road; 6-16 THENCE southerly along the west line of Revere Avenue to the 6-17 intersection of the north line of Cameron Street with the west line 6-18 of Revere Avenue; 6-19 THENCE westerly along the north line of Cameron Street to the 6-20 intersection of the east line of Argonne Avenue with the north line 6-21 of Cameron Street; 6-22 THENCE northerly along the east line of Argonne Avenue to the 6-23 POINT OF BEGINNING. 6-24 (6) TRACT SIX: 6-25 A tract of land being part of and out of Block 15 of COLLEGE 6-26 HEIGHTS, a subdivision of land according to the map or plat thereof 6-27 recorded in Volume 3, Page 38B of the Harris County Map Records, 7-1 said tract being more particularly described as follows: 7-2 BEGINNING at the intersection of the existing southerly line 7-3 of Westheimer Road with the existing easterly line of Kirby Drive; 7-4 THENCE easterly along the existing southerly line of 7-5 Westheimer Road to the intersection of the west line of Argonne 7-6 Avenue with the existing southerly line of Westheimer Road; 7-7 THENCE southerly along the west line of Argonne Avenue to the 7-8 intersection of the north line of Cameron Street with the west line 7-9 of Argonne Avenue; 7-10 THENCE westerly along the north line of Cameron Street to the 7-11 intersection of the existing east line of Kirby Drive with the 7-12 north line of Cameron Street; 7-13 THENCE northerly along the existing east line of Kirby Drive 7-14 to the POINT OF BEGINNING. 7-15 (7) TRACT SEVEN: 7-16 A tract of land being part of and out of Block 36 of COLLEGE 7-17 HEIGHTS, a subdivision of land according to the map or plat thereof 7-18 recorded in Volume 3, Page 38B of the Harris County Map Records, 7-19 and also being part of and out of Block 22 of DICKEYS WEST PART 7-20 ADDITION, a subdivision of land according to the map or plat 7-21 thereof recorded in Volume 45, Page 55 of the Harris County Deed 7-22 Records, and being all of 2701 KIRBY, a subdivision of land 7-23 according to the map or plat thereof recorded in Volume 348, Page 7-24 17 of the Harris County Map Records, and also being all of COLLEGE 7-25 HEIGHTS, a subdivision of land according to the map or plat thereof 7-26 recorded in Volume 318, Page 109 of the Harris County Map Records, 7-27 said tract being more particularly described as follows: 8-1 BEGINNING at the intersection of a cutback line in the 8-2 existing east line of Kirby Drive with the southerly line of 8-3 Cameron Street; 8-4 THENCE easterly along the south line of Cameron Street to the 8-5 intersection of the west line of Argonne Avenue with the south line 8-6 of Cameron Street; 8-7 THENCE southeasterly along a cutback line for Cameron Street 8-8 to the southerly termination of said cutback line, on the west line 8-9 of Argonne Avenue; 8-10 THENCE southerly along the west line of Argonne Avenue, 8-11 passing the northeast corner of aforesaid COLLEGE HEIGHTS ADDITION 8-12 1982, and continuing to the north termination of a cutback line in 8-13 said west line of Argonne Avenue; 8-14 THENCE southwesterly along the said cutback for the west line 8-15 of Argonne Avenue to the southerly termination of said cutback 8-16 line, on the north line of Kipling Street; 8-17 THENCE westerly along the north line of Kipling Street to a 8-18 point for corner, same being the south termination of a cutback 8-19 line for the existing east line of Kirby Drive; 8-20 THENCE northwesterly along said cutback line to a point for 8-21 corner, on the existing east line of Kirby Drive; 8-22 THENCE northerly along the existing east line of Kirby Drive 8-23 to the southerly termination of a cutback line for Cameron Street; 8-24 THENCE northeasterly along the said cutback line for Cameron 8-25 Street to the POINT OF BEGINNING. 8-26 (8) TRACT EIGHT: 8-27 A tract of land being part of and out of Block 28 of COLLEGE 9-1 HEIGHT, a subdivision of land according to the map or plat thereof 9-2 recorded in Volume 3, Page 38B of the Harris County Map Records, 9-3 said tract being more particularly described as follows: 9-4 BEGINNING at the intersection of the existing east line of 9-5 Kirby Drive with the south line of Kipling Street; 9-6 THENCE easterly along the south line of Kipling Street to the 9-7 intersection of the west line of Argonne Avenue with the south line 9-8 of Kipling Street; 9-9 THENCE southerly along the west line of Argonne Avenue to the 9-10 intersection of the north line of Steel Street with the west line 9-11 of Argonne Avenue; 9-12 THENCE westerly along the north line of Steel Street to the 9-13 intersection of the existing east line of Kirby Drive with the 9-14 north line of Steel Street; 9-15 THENCE northerly along the existing east line of Kirby Drive 9-16 to the POINT OF BEGINNING. 9-17 (9) TRACT NINE: 9-18 A tract of land being part of and out of Block 23 of COLLEGE 9-19 HEIGHTS, a subdivision of land according to the map or plat thereof 9-20 recorded in Volume 3, Page 38B of the Harris County Map Records, 9-21 said tract being more particularly described as follows: 9-22 BEGINNING the intersection of the existing east line of Kirby 9-23 Drive with the south line of Steel Street; 9-24 THENCE easterly along the south line of Steel Street to the 9-25 intersection of the west line of Argonne Avenue with the south line 9-26 of Steel Street; 9-27 THENCE southerly along the west line of Argonne Avenue to the 10-1 intersection of the existing north line of West Alabama Street with 10-2 the west line of Argonne Avenue; 10-3 THENCE westerly along the existing north line of West Alabama 10-4 Street to the intersection of the existing east line of Kirby Drive 10-5 with the existing north line of West Alabama Street; 10-6 THENCE northerly along the existing east line of Kirby Drive 10-7 to the POINT OF BEGINNING. 10-8 (10) TRACT TEN: 10-9 A tract of land being part of and out of Block 46 of COLLEGE 10-10 HEIGHTS, a subdivision of land according to the map or plat thereof 10-11 recorded in Volume 3, Page 38B of the Harris County Map Records, 10-12 said tract being more particularly described as follows: 10-13 BEGINNING at the intersection of the existing southerly line 10-14 of Westheimer Road with the existing west line of Kirby Drive; 10-15 THENCE southerly along the existing west line of Kirby Drive 10-16 to the intersection of the north line of Cameron Street with the 10-17 existing west line of Kirby Drive; 10-18 THENCE westerly along the north line of Cameron Street to the 10-19 intersection of the east line of Lake Street with the north line of 10-20 Cameron Street; 10-21 THENCE northerly along the east line of Lake Street to the 10-22 intersection of the existing southerly line of Westheimer Road with 10-23 the east line of Lake Street; 10-24 THENCE easterly along the existing southerly line of 10-25 Westheimer Road to the POINT OF BEGINNING. 10-26 (11) TRACT ELEVEN: 10-27 A tract of land being part of and out Block 41 of COLLEGE 11-1 HEIGHTS, a subdivision of land according to the map or plat thereof 11-2 recorded in Volume 3, Page 38B of the Harris County Map Records, 11-3 and being a portion of abandoned Lake Street adjoining the west 11-4 side of said Block 41 (as shown on said map of COLLEGE HEIGHTS), 11-5 said tract being more particularly described as follows: 11-6 BEGINNING at the intersection of the existing west line of 11-7 Kirby Drive with the south line of Cameron Street; 11-8 THENCE southerly along the existing west line of Kirby Drive 11-9 to the intersection of the north line of Rosamond Street with the 11-10 existing west line of Kirby Drive; 11-11 THENCE westerly along the north line of Rosamond Street to 11-12 the Southeast corner of the REGENCY HOUSE CONDOMINIUMS, a 11-13 condominium subdivision according to the map or plat thereof 11-14 recorded in Volume 107, Page 101 of the Condominium Records of 11-15 Harris County, Texas; 11-16 THENCE northerly along the east line of the said REGENCY 11-17 HOUSE CONDOMINIUMS to the most easterly northeast corner of said 11-18 REGENCY HOUSE CONDOMINIUMS, on the south line of Cameron Street; 11-19 THENCE easterly along the south line of Cameron Street to the 11-20 POINT OF BEGINNING. 11-21 (12) TRACT TWELVE: 11-22 A tract of land being part of and out of Blocks 33 and 34 of 11-23 COLLEGE HEIGHTS, a subdivision of land according to the map or plat 11-24 thereof recorded in Volume 3, Page 38B of the Harris County Map 11-25 Records, and a portion of abandoned Lake Street (50 feet wide) 11-26 lying between said Blocks 33 and 34, said tract being more 11-27 particularly described as follows: 12-1 BEGINNING at the intersection of the existing west line of 12-2 Kirby Drive with the south line of Rosamond Street; 12-3 THENCE southerly along the existing west line of Kirby Drive, 12-4 approximately 240 feet to the intersection of the north line of 12-5 Kipling Street with the existing west line of Kirby Drive; 12-6 THENCE westerly along the north line of Kipling Street to the 12-7 intersection of the east line of Virginia Avenue with the north 12-8 line of Kipling Street; 12-9 THENCE northerly along the east line of Virginia Avenue, 12-10 approximately 240 feet to the intersection of the south line of 12-11 Rosamond Street with the east line of Virginia Avenue; 12-12 THENCE easterly along the south line of Rosamond Street to 12-13 the POINT OF BEGINNING. 12-14 (13) TRACT THIRTEEN: 12-15 A tract of land being part of and out of Blocks 29 and 30 of 12-16 COLLEGE HEIGHTS, a subdivision of land according to the map or plat 12-17 thereof recorded in Volume 3, Page 38B of the Harris County Map 12-18 Records, and a portion of abandoned Lake Street (50 feet wide) 12-19 lying between said Block 29 and 30, said tract being more 12-20 particularly described as follows: 12-21 BEGINNING at the intersection of the existing west line of 12-22 Kirby Drive with the south line of Kipling Street; 12-23 THENCE southerly along the existing west line of Kirby Drive 12-24 to the intersection of the north line of Steel Street with the 12-25 existing west line of Kirby Drive; 12-26 THENCE westerly along the north line of Steel Street to the 12-27 intersection of the east line of Virginia Street with the north 13-1 line of Steel Street; 13-2 THENCE northerly along the east line of Virginia Street to 13-3 the northwest corner of Lot 9 of said Block 30; 13-4 THENCE easterly along the northerly line of Lots 9 through 13-5 13, respectively, of said Block 30, to the common corner of Lots 3, 13-6 4, 13 and 14 of said Block 30; 13-7 THENCE northerly along the common line of said Lots 3 and 4, 13-8 approximately 122 feet to the common northerly corner of said Lots 13-9 3 and 4, on the south line of Kipling Street; 13-10 THENCE easterly along the south line of Kipling Street to the 13-11 POINT OF BEGINNING. 13-12 (14) TRACT FOURTEEN: 13-13 A tract of land being part of and out of Blocks 21 and 22 of 13-14 COLLEGE HEIGHTS, a subdivision of land according to the map or plat 13-15 thereof recorded in Volume 3, Page 38B of the Harris County Map 13-16 Records, said tract being more particularly described as follows: 13-17 BEGINNING at the intersection of the existing west line of 13-18 Kirby Drive with the south line of Steel Street; 13-19 THENCE southerly along the existing west line of Kirby Drive 13-20 to the intersection of the existing north line of West Alabama 13-21 Street; 13-22 THENCE westerly along the existing north line of West Alabama 13-23 Street to the intersection of the east line of Virginia Street with 13-24 the existing north line of West Alabama Street; 13-25 THENCE northerly along the east line of Virginia Street to 13-26 the intersection of the south line of Steel Street with the east 13-27 line of Virginia Street; 14-1 THENCE easterly along the south line of Steel Street to the 14-2 POINT OF BEGINNING. 14-3 (15) TRACT FIFTEEN: 14-4 A tract of land being part of and out of Commercial Block 14-5 Seven (7) of the Second Replat of DAVID CROCKETT, a subdivision of 14-6 land according to the map or plat thereof recorded in Volume 31, 14-7 Page 35 of the Harris County Map Records, said tract being more 14-8 particularly described as follows: 14-9 BEGINNING at the intersection of the existing south line of 14-10 West Alabama Street with the existing west line of Kirby Drive; 14-11 THENCE southerly along the existing west line of Kirby Drive 14-12 to the intersection of the north line of West Main Street with the 14-13 existing west line of Kirby Drive; 14-14 THENCE westerly along the north line of West Main Street to 14-15 the intersection of the east line of Lake Street with the north 14-16 line of West Main Street; 14-17 THENCE northerly along the east line of Lake Street to the 14-18 intersection of the existing south line of West Alabama Street with 14-19 the east line of Lake Street; 14-20 THENCE easterly along the existing south line of West Alabama 14-21 Street to the POINT OF BEGINNING. 14-22 (16) TRACT SIXTEEN: 14-23 A tract of land being part of and out of Block One (1) of 14-24 DAVID CROCKETT, a subdivision of land according to the map or plat 14-25 thereof recorded in Volume 31, Page 35 of the Harris County Map 14-26 Records, said tract being more particularly described as follows: 14-27 BEGINNING at the intersection of the existing west line of 15-1 Kirby Drive with the south line of West Main Street; 15-2 THENCE southerly along the existing west line of Kirby Drive 15-3 to the intersection of the north line of Colquitt Street with the 15-4 existing west line of Kirby Drive; 15-5 THENCE westerly along the north line of Colquitt Street to 15-6 the intersection of the east line of Lake Street with the north 15-7 line of Colquitt Street; 15-8 THENCE northerly along the east line of Lake Street to the 15-9 intersection of the south line of West Main Street with the east 15-10 line of Lake Street; 15-11 THENCE easterly along the south line of West Main Street to 15-12 the POINT OF BEGINNING. 15-13 (17) TRACT SEVENTEEN: 15-14 A tract of land being part of and out of Block 13 and 16 of 15-15 COLLEGE HEIGHTS, a subdivision of land according to the map or plat 15-16 thereof recorded in Volume 3, Page 38B of the Harris County Map 15-17 Records, and being a portion of abandoned Elmo Street lying between 15-18 said Blocks 13 and 16, and also being part of and out Block A of 15-19 DOZIER ADDITION, a subdivision of land according to the map or plat 15-20 thereof recorded in Volume 302, Page 300 of the Harris County Deed 15-21 Records, said tract being more particularly described as follows: 15-22 BEGINNING at the intersection of the existing east line of 15-23 Kirby Drive with the existing south line of West Alabama Street; 15-24 THENCE easterly along the existing south line of West Alabama 15-25 Street to the intersection of the west line of Argonne Avenue with 15-26 the existing south line of West Alabama Street; 15-27 THENCE southerly along the west line of Argonne Avenue to the 16-1 intersection of the north line of Branard Street with the west line 16-2 of Argonne Avenue; 16-3 THENCE westerly along the north line of Branard Street to the 16-4 intersection of the existing east line of Kirby Drive with the 16-5 north line of Branard Street; 16-6 THENCE northerly along the existing east line of Kirby Drive 16-7 to the POINT OF BEGINNING. 16-8 (18) TRACT EIGHTEEN: 16-9 A tract of land being part of and out of Block F of DOZIER 16-10 ADDITION, according to the map or plat thereof recorded in Volume 16-11 302, Page 300 of the Harris County Deed Records, and being and part 16-12 of and out of Tract No. 1 of the GEORGE RICH SUBDIVISION, according 16-13 to the map or plat thereof recorded in Volume 25, Page 25 of the 16-14 Harris County Map Records, said tract being more particularly 16-15 described as follows: 16-16 BEGINNING at the intersection of the existing east line of 16-17 Kirby Drive with the south line of Branard Street; 16-18 THENCE easterly along the south line of Branard Street to the 16-19 intersection of the west line of Argonne Street with the south line 16-20 of Branard Street; 16-21 THENCE southerly along the west line of Argonne Street to the 16-22 Southeast corner of said Block F, on the southerly termination of 16-23 Argonne Street, same being the north line of aforesaid GEORGE RICH 16-24 SUBDIVISION; 16-25 THENCE westerly along the north line of said GEORGE RICH 16-26 SUBDIVISION, same being the south line of said Block F, to the 16-27 common north corner of Lot 5 of aforesaid Tract No. 1, and Lot 1 of 17-1 Tract No. 2 of said GEORGE RICH SUBDIVISION; 17-2 THENCE southerly along the common line of said Lot 5 of Tract 17-3 No. 1 and Lot 1 of said Tract No. 2 to the common south corner of 17-4 said Lot 5 of Tract No. 1 and Lot 1 of said Tract No. 2, on the 17-5 north line of West Main Street; 17-6 THENCE westerly along the north line of West Main Street to 17-7 the intersection of the existing east line of Kirby Drive with the 17-8 north line of West Main Street; 17-9 THENCE northerly along the existing east line of Kirby Drive 17-10 to the POINT OF BEGINNING. 17-11 (19) TRACT NINETEEN: 17-12 A tract of land being part of and out of Block No. 1, Tract 17-13 No. 7, and Tract No. 8 of the GEORGE RICH SUBDIVISION, according to 17-14 the map or plat thereof recorded in Volume 25, Page 25 of the 17-15 Harris County Map Records, said tract being more particularly 17-16 described as follows: 17-17 BEGINNING at the intersection of the existing east line of 17-18 Kirby Drive with the south line of West Main Street; 17-19 THENCE easterly along the south line of West Main Street to 17-20 the northeast corner of a tract of land described in deed recorded 17-21 in County Clerk's File No. G455073 in the Harris County Clerk's 17-22 Official Public Records of Real Property; 17-23 THENCE southerly along the east line of said tract described 17-24 in File No. G455073 to the southeast corner of said tract, on the 17-25 north line of Block No. 1; 17-26 THENCE westerly along the north line of said Block No. 1 to 17-27 the northeast corner of a tract of land heretofore described in 18-1 County Clerk's File No. F090331 in the Harris County Clerk's 18-2 Official Public Records of Real Property; 18-3 THENCE southerly along the east line of said tract described 18-4 in File No. F090331 to the southeast corner of said tract, on the 18-5 north line of Richton Street; 18-6 THENCE westerly along the north line of Richton Street to the 18-7 intersection of the existing east line of Kirby Drive with the 18-8 north line of Richton Street; 18-9 THENCE northerly along the existing east line of Kirby Drive 18-10 to the POINT OF BEGINNING. 18-11 (20) TRACT TWENTY: 18-12 A tract of land being part of and out of Block No. 2 of the 18-13 GEORGE RICH SUBDIVISION, according to the map or plat thereof 18-14 recorded in Volume 25, Page 25 of the Harris County Map Records, 18-15 and also being comprised of various acreage tracts; said tract 18-16 being more particularly described as follows: 18-17 BEGINNING at the intersection of the existing east line of 18-18 Kirby Drive with the south line of Richton Street; 18-19 THENCE easterly along the south line of Richton Street to the 18-20 common north corner of Lots 5 and 6 of said Block No. 2 of the 18-21 GEORGE RICH SUBDIVISION; 18-22 THENCE southerly along the common line of said Lots 5 and 6, 18-23 approximately 100 feet to the common south corner of said Lots 5 18-24 and 6, on the south line of the said GEORGE RICH SUBDIVISION; 18-25 THENCE easterly along the south line of the said GEORGE RICH 18-26 SUBDIVISION to the northeast corner of a called 2 Acre Tract 18-27 described in Volume 3006, Page 378 of the Harris County Deed 19-1 Records; 19-2 THENCE southerly along the east line of said called 2 Acre 19-3 Tract to a point for corner, on the north line of a called tract 19-4 described in Clerks' File No. L054550 of the Harris County Clerk's 19-5 Official Public Records of Real Property (HCCOPRRP); 19-6 THENCE easterly along the northerly line of said tract 19-7 described in Clerk's File No. L054550 to the northeast corner of 19-8 said tract, on the west line of a tract heretofore described in 19-9 Clerk's File No. B619139 (HCCOPRRP); 19-10 THENCE northerly along the west line of said tract described 19-11 in Clerk's File No. B619139 (HCCOPRRP) to the Northwest corner of 19-12 said tract described in Clerk's File No. B619139, on the south line 19-13 of a tract described in Clerk's File No. J069866 (HCCOPRRP); 19-14 THENCE easterly along, in part, the north line of said tract 19-15 described in Clerk's File No. B619139 (HCCOPRRP), same being the 19-16 south line of said tract described in Clerk's File No. J069866 19-17 (HCCOPRRP) to a re-entrant corner of said tract described in 19-18 Clerk's File No. J069866 (HCCOPRRP); 19-19 THENCE southerly along a west line of said tract described in 19-20 Clerk's File No. J069866 (HCCOPRRP) to a southwest corner of said 19-21 tract described in Clerk's File No. J069866 (HCCOPRRP), on the 19-22 existing north line of Richmond Avenue; 19-23 THENCE westerly along the existing north line of Richmond 19-24 Avenue to the intersection of the existing east line of Kirby Drive 19-25 with the existing north line of Richmond Avenue; 19-26 THENCE northerly along the existing east line of Kirby Drive 19-27 to the POINT OF BEGINNING. 20-1 (21) TRACT TWENTY-ONE: 20-2 A tract of land being part of and out of Block A of FORRESTER 20-3 SUBDIVISION, according to the map or plat thereof recorded in 20-4 Volume 327, Page 631 of the Harris County Deed Records, said tract 20-5 being more particularly described as follows: 20-6 BEGINNING at the intersection of the existing west line of 20-7 Kirby Drive with the existing north line of Richmond Avenue; 20-8 THENCE westerly along the existing north line of Richmond 20-9 Avenue to the intersection of the east line of Lake Street with the 20-10 existing north line of Richmond Avenue; 20-11 THENCE northerly along the east line of Lake Street to the 20-12 intersection of the south line of Colquitt Street with the east 20-13 line of Lake Street; 20-14 THENCE easterly along the south line of Colquitt Street to 20-15 the intersection of the existing west line of Kirby Drive with the 20-16 south line of Colquitt Street; 20-17 THENCE southerly along the existing west line of Kirby Drive 20-18 to the POINT OF BEGINNING. 20-19 (22) TRACT TWENTY-TWO: 20-20 A tract of land being part of and out of Block B of FORRESTER 20-21 SUBDIVISION, according to the map or plat thereof recorded in 20-22 Volume 327, Page 631 of the Harris County Deed Records, said tract 20-23 being more particularly described as follows: 20-24 BEGINNING at the intersection of the west line of Lake Street 20-25 with the existing north line of Richmond Avenue; 20-26 THENCE westerly along the existing north line of Richmond 20-27 Avenue to the intersection of the east line of Virginia Street with 21-1 the existing north line of Richmond Avenue; 21-2 THENCE northerly along the east line of Virginia Street to 21-3 the northwest corner of Lot 7 of said Block B; 21-4 THENCE easterly along the north line of Lots 7, 8, 9, 10, 11 21-5 and 12, respectively, of said Block B to a point for corner, on the 21-6 west line of Lake Street; 21-7 THENCE southerly along the west line of Lake Street to the 21-8 POINT OF BEGINNING. 21-9 (23) TRACT TWENTY-THREE: 21-10 A tract of land being comprised of various acreage tracts, 21-11 and being part of and out of Block C of FORRESTER SUBDIVISION, 21-12 according to the map or plat thereof recorded in Volume 327, Page 21-13 631 of the Harris County Deed Records, said tract being more 21-14 particularly described as follows: 21-15 BEGINNING at the intersection of the existing north line of 21-16 Richmond Avenue with the west line of Virginia Street; 21-17 THENCE westerly along the existing north line of Richmond 21-18 Avenue to the intersection of the existing easterly line of 21-19 Eastside Avenue with the existing north line of Richmond Avenue; 21-20 THENCE northerly along the existing easterly line of Eastside 21-21 Avenue being a curve to the left to the northwest corner of the 21-22 herein described tract, on the south line of CRAWFORD ADDITION, 21-23 according to the map or plat thereof recorded in Volume 2, Page 12 21-24 of the Harris County Map Records; 21-25 THENCE easterly along the north line of the herein described 21-26 tract, same being the south line of said of CRAWFORD ADDITION, 21-27 passing the southwest corner of a Replat of a Portion of CRAWFORD 22-1 ADDITION, according to the map or plat thereof recorded in Volume 22-2 30, Page 45 of the Harris County Map Records, and continuing along 22-3 the south line of said Replat of a Portion of CRAWFORD ADDITION, to 22-4 a point for corner, on the west line of the Replat of DAVID 22-5 CROCKETT SUBDIVISION, according to the map or plat thereof recorded 22-6 in Volume 31, Page 35 of the Harris County Map Records; 22-7 THENCE southerly along the west line of said Replat of DAVID 22-8 CROCKETT SUBDIVISION, passing the southwest corner of said Replat 22-9 of DAVID CROCKETT SUBDIVISION, also passing along the west 22-10 termination line of Colquitt Street, and continuing along the west 22-11 line of aforesaid Block C of FORRESTER SUBDIVISION to the northwest 22-12 corner of Lot 7 of said Block C; 22-13 THENCE easterly along the common north line of Lots 7, 8, 9, 22-14 10, 11 and 12, respectively, of said Block C to the northeast 22-15 corner of said Lot 12, on the west line of Virginia Street; 22-16 THENCE southerly along the west line of Virginia Street to 22-17 the POINT OF BEGINNING. 22-18 (24) TRACT TWENTY-FOUR: 22-19 A tract of land being comprised of various acreage tracts, 22-20 and also being part of and out Block 3 of MAYFAIR, SECTION TWO, a 22-21 subdivision of land according to the map or plat thereof recorded 22-22 in Volume 998, Page 222 of the Harris County Deed Records, said 22-23 tract being more particularly described by as follows: 22-24 BEGINNING at the intersection of the existing westerly line 22-25 of Eastside Avenue with the existing north line of Richmond Avenue; 22-26 THENCE westerly along the existing north line of Richmond 22-27 Avenue, at a distance of approximately 295 feet pass the east line 23-1 of said Block 3, and continuing to the intersection of the east 23-2 line of Audley Street with the existing north line of Richmond 23-3 Avenue; 23-4 THENCE northerly along the east line of Audley Street to the 23-5 intersection of the south line of Colquitt Avenue with the east 23-6 line of Audley Street; 23-7 THENCE easterly along the south line of Colquitt Avenue to 23-8 the northeast corner of Block 3, on the east termination line of 23-9 Colquitt Avenue; 23-10 THENCE northerly along the east termination of Colquitt 23-11 Avenue, same being the east line of said MAYFAIR, SECTION TWO, 23-12 approximately 150 feet to the northeast corner of Lot 4 of Block 2 23-13 of said MAYFAIR, SECTION TWO, on the south line of MAYFAIR, SECTION 23-14 ONE, a subdivision of land according to the map or plat thereof 23-15 recorded in Volume 998, Page 144 of the Harris County Deed Records; 23-16 THENCE easterly along the south line of said MAYFAIR, SECTION 23-17 ONE, passing the southeast corner of said MAYFAIR, SECTION ONE, 23-18 same being the southwest corner of CRAWFORD ADDITION, according to 23-19 the map or plat thereof recorded in Volume 2, Page 12 of the Harris 23-20 County Map Records, and continuing to the northeast corner of the 23-21 herein described tract, on the existing westerly line of Eastside 23-22 Avenue; 23-23 THENCE southerly along the westerly line of Eastside Avenue 23-24 being a curve to the right approximately 356.59 feet to the POINT 23-25 OF BEGINNING. 23-26 (25) TRACT TWENTY-FIVE: 23-27 A tract of land being comprised of two acreage tracts, and 24-1 also being part of and out of Block 4 of MAYFAIR, SECTION TWO, a 24-2 subdivision of land according to the map or plat thereof recorded 24-3 in Volume 998, Page 222 of the Harris County Deed Records, said 24-4 tract being more particularly described as follows: 24-5 BEGINNING at the intersection of the existing easterly line 24-6 of Buffalo Speedway with the existing northerly line of Richmond 24-7 Avenue; 24-8 THENCE northwesterly along a cutback line for the easterly 24-9 line of Buffalo Speedway, approximately 41.6 feet to an angle 24-10 point; 24-11 THENCE northerly continuing along the easterly line of 24-12 Buffalo Speedway approximately 231.68 feet to the northwest corner 24-13 of the herein described tract; 24-14 THENCE easterly along the northerly line of the herein 24-15 described tract, along the south line of the RIVER OAKS APARTMENTS, 24-16 a subdivision of land according to the map or plat thereof recorded 24-17 in Volume 345, Page 25 of the Harris County Map Records, 24-18 approximately 530.66 feet to a point for corner, on the west 24-19 termination line of Colquitt Avenue, same being the west line of 24-20 aforesaid MAYFAIR, SECTION TWO; 24-21 THENCE southerly along the west line of said MAYFAIR, SECTION 24-22 TWO, same being the west termination line of Colquitt Avenue, to 24-23 the northwest corner of Block 4 of said MAYFAIR, SECTION TWO; 24-24 THENCE easterly along the south line of Colquitt Avenue to 24-25 intersection of the west line of Audley Street with the south line 24-26 of Colquitt Avenue; 24-27 THENCE southerly along the west line of Audley Street to the 25-1 intersection of the existing northerly line of Richmond Avenue with 25-2 the west line of Audley Street; 25-3 THENCE westerly along the existing northerly line of Richmond 25-4 Avenue to the POINT OF BEGINNING. 25-5 (26) TRACT TWENTY-SIX: 25-6 A tract of land being comprised of various acreage tracts, 25-7 and being part of and out of MAYFAIR, SECTION 2, a subdivision of 25-8 land according to the map or plat thereof recorded in Volume 998, 25-9 Page 222 of the Harris County Deed Records, and also being part of 25-10 and out of PARKFRONT PLAZA, SECTION 1, a subdivision of land 25-11 according to the map or plat recorded in Volume 48, Page 69 of the 25-12 Harris County Map Records, and also being part of and out of 25-13 PARKFRONT PLAZA, SECTION 2, a subdivision of land according to the 25-14 map or plat thereof recorded in Volume 54, Page 53 of the Harris 25-15 County Map Records, said tract being more particularly described as 25-16 follows: 25-17 BEGINNING at the intersection of the existing southerly line 25-18 of Richmond Avenue with the easterly line of Buffalo Speedway; 25-19 THENCE easterly along the existing southerly line of Richmond 25-20 Avenue, passing the west line of said MAYFAIR, SECTION 2, and 25-21 continuing to the intersection of the west line of Wakeforest 25-22 Street with the existing south line of Richmond Avenue; 25-23 THENCE southerly along the west line of Wakeforest Street, 25-24 approximately 385.58 feet to a re-entrant in said west line of 25-25 Wakeforest Street; 25-26 THENCE westerly along a northerly line of Wakeforest Street, 25-27 approximately 32.5 feet to a re-entrant corner of Wakeforest 26-1 Street; 26-2 THENCE southerly along the west line of Wakeforest Street, 26-3 approximately 648.33 feet to the intersection of the existing 26-4 northerly line of U.S. Highway 59 South with the west line of 26-5 Wakeforest Street; 26-6 THENCE in westerly and southwesterly directions along the 26-7 existing northerly line of U.S. Highway 59 South to the southerly 26-8 termination of a cutback line at the northeast corner of Buffalo 26-9 Speedway and U.S. Highway 59 South; 26-10 THENCE northwesterly along said cutback line at the northeast 26-11 corner of Buffalo Speedway and U.S. Highway 59 South, approximately 26-12 70.13 feet to the northerly termination of said cutback line; 26-13 THENCE, continuing northwesterly, along the existing easterly 26-14 line of Buffalo Speedway to the POINT OF BEGINNING, "save and 26-15 except" all public street or public rights-of-way areas contained 26-16 therein, including Eastside Avenue, Norfolk Street, Audley Drive 26-17 and Portsmouth Street. 26-18 (27) TRACT TWENTY-SEVEN: 26-19 A tract of land being part of and out of Block 2 of 2701 26-20 RICHMOND AVENUE, a subdivision of land according to the map or plat 26-21 thereof recorded in Volume 151, Page 55 of the Harris County Map 26-22 Records, said tract being more particularly described as follows: 26-23 BEGINNING at the intersection of the existing southerly line 26-24 of Richmond Avenue with the existing west line of Kirby Drive; 26-25 THENCE southerly along the existing west line of Kirby Drive 26-26 to the intersection of the north line of Norfolk Avenue with the 26-27 existing west line of Kirby Drive; 27-1 THENCE westerly along the north line of Norfolk Avenue to the 27-2 intersection of the east line of Lake Street with the north line of 27-3 Norfolk Avenue; 27-4 THENCE northerly along the east line of Lake Street to the 27-5 intersection of the existing southerly line of Richmond Avenue with 27-6 the east line of Lake Street; 27-7 THENCE easterly along the courses of the existing southerly 27-8 line of Richmond Avenue to the POINT OF BEGINNING. 27-9 (28) TRACT TWENTY-EIGHT: 27-10 A tract of land being part of and out of Block 1 of MARIAN 27-11 SUBDIVISION, according to the map or plat thereof recorded in 27-12 Volume 292, Page 520 of the Harris County Deed Records, said tract 27-13 being more particularly described as follows: 27-14 BEGINNING at the intersection of the existing southerly line 27-15 of Richmond Avenue with the existing east line of Kirby Drive; 27-16 THENCE easterly along the existing southerly line of Richmond 27-17 Avenue to the intersection of the west line of Park Street with the 27-18 existing southerly line of Richmond Avenue; 27-19 THENCE southerly along the west line of Park Street to the 27-20 intersection of the north line of Portsmouth Avenue with the west 27-21 line of Park Street; 27-22 THENCE westerly along the north line of Portsmouth Avenue to 27-23 the intersection of the existing east line of Kirby Drive with the 27-24 north line of Portsmouth Avenue; 27-25 THENCE northerly along the existing east line of Kirby Drive 27-26 to the POINT OF BEGINNING. 27-27 (29) TRACT TWENTY-NINE: 28-1 A tract of land being part of and out of Block 2 of MARIAN 28-2 SUBDIVISION, according to the map or plat thereof recorded in 28-3 Volume 292, Page 520 of the Harris County Deed Records, said tract 28-4 being more particularly described as follows: 28-5 BEGINNING at the intersection of the existing southerly line 28-6 of Richmond Avenue with the east line of Park Street; 28-7 THENCE easterly along the existing southerly line of Richmond 28-8 Avenue to the intersection of the west line of Revere Street with 28-9 the existing southerly line of Richmond Avenue; 28-10 THENCE southerly along the west line of Revere Street to the 28-11 intersection of the north line of Portsmouth Avenue with the west 28-12 line of Revere Street; 28-13 THENCE westerly along the north line of Portsmouth Avenue to 28-14 the intersection of the east line of Park Street with the north 28-15 line of Portsmouth Avenue; 28-16 THENCE northerly along the east line of Park Street to the 28-17 POINT OF BEGINNING. 28-18 (30) TRACT THIRTY: 28-19 A tract of land being part of and out of Lots 5 thru 11, 28-20 Block 3 of COLQUITT COURT, SECTION 2, a subdivision of land 28-21 according to the map or plat thereof recorded in Volume 17, Page 60 28-22 of the Harris County Map Records, and also being part of and out of 28-23 the SHOPS AT GREENBRIAR & RICHMOND, a subdivision of land according 28-24 to the map or plat thereof recorded in Volume 332, Page 150 of the 28-25 Harris County Map Records, and also being part of and out of those 28-26 tracts of land heretofore described in Clerk's File No. F070767 of 28-27 the Harris County Clerk's Official Public Records of Real Property, 29-1 and being part of and out of Lots 1 thru 7, Block 7 of MARIAN 29-2 SUBDIVISION, a subdivision of land according to the map or plat 29-3 recorded in Volume 292, Page 520 of the Harris County Deed Records, 29-4 said tract being more particularly described as follows: 29-5 BEGINNING at the intersection of the existing southerly line 29-6 of Richmond Avenue with the east line of Revere Street; 29-7 THENCE along the existing southerly line of Richmond Avenue 29-8 to the northerly termination point of a cutback for the existing 29-9 west line of Greenbriar Drive; 29-10 THENCE southeasterly along the said cutback line for 29-11 Greenbriar Drive to the southerly termination of said cutback line; 29-12 THENCE southerly along the existing west line of Greenbriar 29-13 Drive to the northerly termination of a cutback line for Portsmouth 29-14 Avenue; 29-15 THENCE southwesterly along the said cutback line for 29-16 Portsmouth Avenue to the southerly termination of said cutback 29-17 line; 29-18 THENCE westerly along the north line of Portsmouth Avenue to 29-19 the southwest corner of said SHOPS AT GREENBRIAR & RICHMOND 29-20 subdivision; 29-21 THENCE northerly along the west line of said SHOPS AT 29-22 GREENBRIAR & RICHMOND subdivision to a re-entrant corner of said 29-23 SHOPS AT GREENBRIAR & RICHMOND subdivision; 29-24 THENCE westerly along a south line of said SHOPS AT 29-25 GREENBRIAR & RICHMOND subdivision passing the most northerly 29-26 southwest corner of said SHOPS AT GREENBRIAR & RICHMOND 29-27 subdivision, and continuing along the south line of aforesaid Lots 30-1 5 thru 11, respectively, Block 3 of COLQUITT COURT, SECTION 2 to 30-2 the southwest corner of said Lot 12; 30-3 THENCE northerly along the west line of said Block 3 to the 30-4 southeast corner of the aforesaid tract described in Clerk's File 30-5 No. F070767; 30-6 THENCE westerly along the south line of said tract described 30-7 in Clerk's File No. F070767, and continuing along the south line of 30-8 aforesaid Lots 1 thru 7, respectively, of Block 7 of MARIAN 30-9 SUBDIVISION, to a point for corner, on the east line of Revere 30-10 Street; 30-11 THENCE northerly along the east line of Revere Street to the 30-12 POINT OF BEGINNING, "save and except" any land contained within Lot 30-13 12, Block 3 of aforesaid COLQUITT COURT. 30-14 (31) TRACT THIRTY-ONE: 30-15 A tract of land being part of and out Block 4 of MARIAN 30-16 SUBDIVISION, according to the map or plat thereof recorded in 30-17 Volume 292, Page 520 of the Harris County Deed Records, said tract 30-18 being more particularly described as follows: 30-19 BEGINNING at the intersection of the south line of Portsmouth 30-20 Avenue with the east line of Park Street; 30-21 THENCE easterly along the south line of Portsmouth Avenue to 30-22 the intersection of the west line of Revere Street with the south 30-23 line of Portsmouth Avenue; 30-24 THENCE southerly along the west line of Revere Street to the 30-25 intersection of the north line Norfolk Street with the west line of 30-26 Revere Street; 30-27 THENCE westerly along the north line of Norfolk Street to the 31-1 intersection of the east line of Park Street with the north line of 31-2 Norfolk Street; 31-3 THENCE northerly along the east line of Park Street to the 31-4 POINT OF BEGINNING. 31-5 (32) TRACT THIRTY-TWO: 31-6 A tract of land being part of and out of Block 3 of MARIAN 31-7 SUBDIVISION, according to the map or plat thereof recorded in 31-8 Volume 292, Page 520 of the Harris County Deed Records, said tract 31-9 being more particularly described as follows: 31-10 BEGINNING at the intersection of the existing east line of 31-11 Kirby Drive with the south line of Portsmouth Avenue; 31-12 THENCE easterly along the south line of Portsmouth Avenue to 31-13 the intersection of the west line of Park Street with the south 31-14 line of Portsmouth Avenue; 31-15 THENCE southerly along the west line of Park Street to the 31-16 intersection of the north line of Norfolk Street with the west line 31-17 of Park Street; 31-18 THENCE westerly along the north line of Norfolk Street to the 31-19 intersection of the existing east line of Kirby Drive with the 31-20 north line of Norfolk Street; 31-21 THENCE northerly along the existing east line of Kirby Drive 31-22 to the POINT OF BEGINNING. 31-23 (33) TRACT THIRTY-THREE: 31-24 A tract of land being various acreage tracts, and also being 31-25 part of and out of Plots No. 1 and No. 4 of GREENBRIAR COURT, a 31-26 subdivision of land according to the map or plat thereof recorded 31-27 in Volume 24, Page 54 of the Harris County Map Records, said tract 32-1 being more particularly described as follows: 32-2 BEGINNING at the intersection of the existing northerly line 32-3 of U.S. Highway 59 South with the existing westerly line for 32-4 Greenbriar Drive; 32-5 THENCE westerly along the existing northerly line of U.S. 32-6 Highway 59 South, approximately 25 feet to an angle point; 32-7 THENCE southwesterly continuing along the existing northerly 32-8 line of U.S. Highway 59 South, approximately 393.51 feet to an 32-9 angle point; 32-10 THENCE westerly continuing along the existing northerly line 32-11 of U.S. Highway 59 South, approximately 265.3 feet to the 32-12 intersection of the east line of Morningside Drive with the 32-13 existing northerly line of U.S. Highway 59 South; 32-14 THENCE northerly along the east line of Morningside Drive, 32-15 approximately 325.65 feet to the northwest corner of the herein 32-16 described tract, same being the southwest corner of NORFOLK COURT, 32-17 a subdivision of land according to the map or plat thereof recorded 32-18 in Volume 46, Page 66 of the Harris County Map Records; 32-19 THENCE easterly along the south line of said NORFOLK COURT to 32-20 the southeast corner of said NORFOLK COURT, same being the 32-21 southwest corner of aforesaid GREENBRIAR COURT; 32-22 THENCE northerly along the west line of GREENBRIAR COURT to 32-23 the northwest corner of aforesaid Plot No. 1 of GREENBRIAR COURT, 32-24 on the southerly line of Norfolk Street; 32-25 THENCE easterly along the various courses of the southerly 32-26 line of Norfolk Street to the intersection of the existing west 32-27 line of Greenbriar Drive with the southerly line of Norfolk Street; 33-1 THENCE southerly along the existing west line of Greenbriar 33-2 Drive to the POINT OF BEGINNING. 33-3 (34) TRACT THIRTY-FOUR: 33-4 A tract of land being comprised of various acreage tracts and 33-5 being part of and out of GRETNA COURTS, a subdivision of land 33-6 according to the map or plat recorded in Volume 34, Page 45 of the 33-7 Harris County Map Records, and also being part of and out of Lots 1 33-8 thru 6, Block 5, and Lots 1 thru 6, Block 6, and Reserve A, lying 33-9 between said Blocks 5 and 6, of MARIAN ADDITION, a subdivision of 33-10 land according to the map or plat thereof recorded in Volume 292, 33-11 Page 520 of the Harris County Deed Records, and also being a 33-12 Reserve tract lying between Block 6 and 9 of said MARIAN ADDITION 33-13 as cited in Clerk's File No. L992707 of the Harris County Clerk's 33-14 Official Public Records of Real Property, said tract being more 33-15 particularly described as follows: 33-16 BEGINNING at the intersection of the existing east line of 33-17 Kirby Drive with the existing northerly line of U.S. Highway 59 33-18 South; 33-19 THENCE northerly along the existing east line of Kirby Drive 33-20 to the intersection of the south line of Norfolk Street with the 33-21 existing east line of Kirby Drive; 33-22 THENCE easterly along the south line of Norfolk Street to the 33-23 northeast corner of said Reserve tract lying between Blocks 6 and 9 33-24 of MARIAN ADDITION as cited in Clerk's File No. L992707; 33-25 THENCE southerly along the east line of said Reserve tract as 33-26 cited in Clerk's File No. L992707 to the southeast corner of said 33-27 Reserve tract, on the south line of said MARIAN ADDITION; 34-1 THENCE easterly along the south line of said MARIAN 34-2 SUBDIVISION to the intersection of the west line of Morningside 34-3 Drive with the south line of said MARIAN SUBDIVISION; 34-4 THENCE southerly along the west line of Morningside Drive to 34-5 the intersection of existing northerly line of U.S. Highway 59 34-6 South with the west line of Morningside Drive; 34-7 THENCE westerly along the existing northerly line of U.S. 34-8 Highway 59 South to the POINT OF BEGINNING, "save and except" all 34-9 public streets and rights-of-way including Algerian Way and Lomitas 34-10 Avenue. 34-11 (35) TRACT THIRTY-FIVE: 34-12 A tract of land being comprised of various acreage tracts, 34-13 and also being part of and out of CHATHAM PLACE ADDITION, a 34-14 subdivision of land according to the map or plat thereof recorded 34-15 in Volume 31, Page 30 of the Harris County Map Records, and also 34-16 being part of and out of a Partial Re-plat of 0.8639 Acres out of 34-17 WOODMONT ADDITION BLOCK 1, a subdivision of land according to the 34-18 map or plat thereof recorded in Volume 214, Page 77 of the Harris 34-19 County Map Records, said tract being more particularly described as 34-20 follows: 34-21 BEGINNING at the intersection of the existing northerly line 34-22 of U.S. Highway 59 South with the existing westerly line of Kirby 34-23 Drive; 34-24 THENCE westerly along the existing northerly line of U.S. 34-25 Highway 59 South, at approximately 568.8 feet pass the east line of 34-26 Virginia Street, and continuing to the intersection of the east 34-27 line of Wakeforest Street with the existing northerly line of U.S. 35-1 Highway 59 South; 35-2 THENCE northerly along the east line of Wakeforest Street to 35-3 the intersection of the south line of Lexington Street with the 35-4 east line of Wakeforest Street; 35-5 THENCE easterly along the south line of Lexington Street to 35-6 the intersection of the east line of the aforesaid Virginia Street, 35-7 same being the east termination line of said Lexington Street, with 35-8 the south line of Lexington Street; 35-9 THENCE northerly along the east termination line of said 35-10 Lexington Street, passing the northerly point of the east 35-11 termination line, same being the most southerly southeast corner of 35-12 the MADISON PLACE TOWNHOUSE SUBDIVISION according to the map or 35-13 plat thereof recorded in Clerk's Film Code NO. 150-31-0193 in the 35-14 Harris County Clerk's Official Public Records of Real Property, and 35-15 continuing along an easterly line of said MADISON PLACE TOWNHOUSE 35-16 SUBDIVISION to a re-entrant corner of subdivision; 35-17 THENCE easterly along the south line of said MADISON PLACE 35-18 TOWNHOUSE SUBDIVISION to the most southerly southeast corner of 35-19 said subdivision, same being the southwest corner of aforesaid 35-20 Partial Re-plat of 0.8639 Acres out of WOODMONT ADDITION BLOCK 1; 35-21 THENCE northerly along the most easterly line of said MADISON 35-22 PLACE TOWNHOUSE SUBDIVISION, same being the west line of said 35-23 Partial Re-plat of 0.8639 Acres out of WOODMONT ADDITION BLOCK 1, 35-24 to the intersection of the south line of Norfolk Street with the 35-25 west line of Lake Street; 35-26 THENCE easterly along the south line of Norfolk Street to the 35-27 intersection of a cutback line for Kirby Drive with the south line 36-1 of Norfolk Street; 36-2 THENCE southerly along the existing line of Kirby Drive to an 36-3 angle point; 36-4 THENCE southwesterly continuing along the existing line of 36-5 Kirby Drive, approximately 70.30 feet to the POINT OF BEGINNING, 36-6 "save and except" all public streets and rights-of-way contained 36-7 therein including Virginia Street. 36-8 (36) TRACT THIRTY-SIX: 36-9 A tract of land being comprised of various acreage tracts, 36-10 said tract being more particularly described as follows: 36-11 BEGINNING at the intersection of the existing southerly line 36-12 of U.S. Highway 59 South with the easterly line of Buffalo 36-13 Speedway; 36-14 THENCE easterly along the existing southerly line of U.S. 36-15 Highway 59 South, approximately 464.12 feet to the northwest corner 36-16 of LEMANS TOWNHOME CONDOMINIUMS, a subdivision according to the map 36-17 or plat thereof recorded in Volume 104, Page 118 of the Harris 36-18 County Condominium Records; 36-19 THENCE southerly along the west line of said LEMANS TOWNHOME 36-20 CONDOMINIUMS to the southwest corner of said LEMANS TOWNHOME 36-21 CONDOMINIUMS, on the northerly line of a T&NO railroad 36-22 right-of-way; 36-23 THENCE southwesterly along the northerly line of said T&NO 36-24 railroad right-of-way to the intersection of the easterly line of 36-25 Buffalo Speedway with the northerly line of said T&NO railroad 36-26 right-of-way; 36-27 THENCE northerly along the easterly line of Buffalo Speedway, 37-1 approximately 209 feet to an angle point; 37-2 THENCE northeasterly continuing along the easterly line of 37-3 Buffalo Speedway, approximately 73.35 feet to the POINT OF 37-4 BEGINNING. 37-5 (37) TRACT THIRTY-SEVEN: 37-6 A tract of land being comprised of various acreage tracts, 37-7 said tract being more particularly described as follows: 37-8 BEGINNING at the intersection of the existing southerly line 37-9 of U.S. Highway 59 South with the west line of Wakeforest Street; 37-10 THENCE southerly along the west line of Wakeforest Street, 37-11 approximately 352.87 feet to the intersection of the northerly line 37-12 of a T&NO railroad right-of-way with the west line of Wakeforest 37-13 Street; 37-14 THENCE southwesterly along the northerly line of said T&NO 37-15 railroad right-of-way, approximately 1,063.61 feet to the southeast 37-16 corner of the LEMANS TOWNHOME CONDOMINIUMS, a subdivision of land 37-17 according to the map or plat thereof recorded in Volume 104, Page 37-18 118 of the Harris County Condominium Records; 37-19 THENCE northerly along the east line of said LEMANS TOWNHOME 37-20 CONDOMINIUMS to the northeast corner of said LEMANS TOWNHOME 37-21 CONDOMINIUMS, on the existing southerly line of U.S. Highway 59 37-22 South; 37-23 THENCE easterly along the various courses of the existing 37-24 southerly line of U.S. Highway 59 South to the POINT OF BEGINNING. 37-25 (38) TRACT THIRTY-EIGHT: 37-26 A tract of land being comprised of various acreage tracts, 37-27 said tract being more particularly described as follows: 38-1 BEGINNING at the intersection of the existing southerly line 38-2 of U.S. Highway 59 South with the existing westerly line of Kirby 38-3 Drive; 38-4 THENCE southeasterly along the existing westerly line of 38-5 Kirby Drive, approximately 70.67 feet to an angle point; 38-6 THENCE southerly continuing along the existing westerly line 38-7 of Kirby Drive, approximately 188.97 feet to the intersection of 38-8 the northerly line of a T&NO railroad right-of-way with the 38-9 existing west line of Kirby Drive; 38-10 THENCE southwesterly along the northerly line of said T&NO 38-11 railroad right-of-way to the intersection of the east line of 38-12 Wakeforest Street with the northerly line of said T&NO railroad 38-13 right-of-way; 38-14 THENCE northerly along the east line of Wakeforest Street, 38-15 approximately 348.89 feet to the intersection of the existing 38-16 southerly line of U.S. Highway 59 South with the east line of 38-17 Wakeforest Street; 38-18 THENCE easterly along the courses of the existing southerly 38-19 line of U.S. Highway 59 South to the POINT OF BEGINNING. 38-20 (39) TRACT THIRTY-NINE: 38-21 A tract of land being comprised of several acreage tracts and 38-22 also all of SOUTHEAST KIRBY/59, a subdivision of land according to 38-23 the map or plat thereof recorded in Volume 346, Page 46 of the 38-24 Harris County Map Records, said tract being more particularly 38-25 described as follows: 38-26 BEGINNING at the intersection of the existing southerly line 38-27 of U.S. Highway 59 South with the existing easterly line of Kirby 39-1 Drive, same being the northwest corner of said SOUTHEAST KIRBY/59; 39-2 THENCE easterly along the courses of the existing southerly 39-3 line of U.S. Highway 59 South, approximately 1,677.41 feet to an 39-4 angle point; 39-5 THENCE southeasterly along a cutback line at the southwest 39-6 corner of said U.S. Highway 59 South and Greenbriar Drive, 39-7 approximately 68.54 feet to the southerly termination point of said 39-8 cutback line, on the existing west line of Greenbriar Drive; 39-9 THENCE southerly along the existing west line of Greenbriar 39-10 Drive, approximately 118.61 feet to a point for corner; 39-11 THENCE southwesterly along the northerly line of a T&N0 39-12 railroad right-of-way, approximately 1,110.83 feet to a point for 39-13 corner, being a re-entrant corner in said railroad right-of-way; 39-14 THENCE northerly along said railroad right-of-way to the 39-15 southeast corner of aforesaid SOUTHEAST KIRBY/59; 39-16 THENCE southwesterly along the southerly line of said 39-17 SOUTHEAST KIRBY/59, same being the northerly line of said T&NO 39-18 railroad right-of-way, approximately 653.22 feet to the 39-19 intersection of the existing east line of Kirby Drive with the 39-20 northerly line of said T&NO railroad right-of-way, same being the 39-21 southwest corner of said SOUTHEAST KIRBY/59; 39-22 THENCE northerly along the courses of the existing east line 39-23 of Kirby Drive, for an approximate total distance of 240.14 feet to 39-24 the POINT OF BEGINNING. 39-25 (40) TRACT FORTY: 39-26 A tract of land being comprised of various acreage tracts, 39-27 said tract being more particularly described as follows: 40-1 BEGINNING at the intersection of the north line of MELLON 40-2 SUBDIVISION according to the map or plat thereof recorded in Volume 40-3 572, Page 276 of the Harris County Deed Records with the existing 40-4 east line of Kirby Drive; 40-5 THENCE northerly along the existing east line of Kirby Drive, 40-6 approximately 362.7 feet to a point for corner; 40-7 THENCE northeasterly along the northerly line of the herein 40-8 described tract, approximately 675.31 feet to a point for corner; 40-9 THENCE northerly for a distance of 29.58 feet to a point for 40-10 corner; 40-11 THENCE northeasterly along the northerly line of the herein 40-12 described tract, approximately 1,113.43 feet to a point for corner, 40-13 on the existing west line of Greenbriar Drive; 40-14 THENCE southerly along the west line of Greenbriar Drive, 40-15 approximately 502.10 feet to the intersection of the north line of 40-16 Block 1 of GREENBRIAR SUBDIVISION, according to the map or plat 40-17 thereof recorded in Volume 998, Page 411 of the Harris County Deed 40-18 Records with the west line of Greenbriar Drive; 40-19 THENCE westerly along the north line of said Block 1 to the 40-20 northwest corner of said GREENBRIAR SUBDIVISION; 40-21 THENCE southerly along the west line of said GREENBRIAR 40-22 SUBDIVISION, to the northeast corner of Lot 11, Block 2 of 40-23 aforesaid MELLON SUBDIVISION; 40-24 THENCE westerly along the north line of said MELLON 40-25 SUBDIVISION to the POINT OF BEGINNING. 40-26 (41) TRACT FORTY-ONE: 40-27 A tract of land being part of and out of Block 1 of MELLON 41-1 SUBDIVISION, according to the map or plat thereof recorded in 41-2 Volume 572, Page 276 of the Harris County Deed Records, said tract 41-3 being more particularly described by metes and bounds as follows: 41-4 BEGINNING at the intersection of the north line of said 41-5 MELLON SUBDIVISION with the existing east line of Kirby Drive; 41-6 THENCE easterly along the north line of said MELLON 41-7 SUBDIVISION to the northeast corner of Lot 10, Block 1 of said 41-8 MELLON SUBDIVISION; 41-9 THENCE southerly along the east line of said Lot 10 to the 41-10 southeast corner of said Lot 10, on the north line of North 41-11 Boulevard; 41-12 THENCE westerly along the north line of North Boulevard to 41-13 the intersection of the existing east line of Kirby Drive with the 41-14 north line of North Boulevard; 41-15 THENCE northerly along the existing line of Kirby Drive to 41-16 the POINT OF BEGINNING. 41-17 (42) TRACT FORTY-TWO: 41-18 A tract of land being part of and out of Block 3 of MELLON 41-19 SUBDIVISION, according to the map or plat thereof recorded in 41-20 Volume 572, Page 276 of the Harris County Deed Records, said tract 41-21 being more particularly described as follows: 41-22 BEGINNING at the intersection of the existing east line of 41-23 Kirby Drive with the south line of North Boulevard; 41-24 THENCE easterly along the south line of North Boulevard to 41-25 the intersection of the west line of Mellon Street with the south 41-26 line of North Boulevard; 41-27 THENCE southerly along the west line of Mellon Street to the 42-1 intersection of the north line of Bartlett Avenue with the west 42-2 line of Mellon Street; 42-3 THENCE westerly along the north line of Bartlett Avenue to 42-4 the intersection of the existing east line of Kirby Drive with the 42-5 north line of Bartlett Avenue; 42-6 THENCE northerly along the existing east line of Kirby Drive 42-7 to the POINT OF BEGINNING. 42-8 (43) TRACT FORTY-THREE: 42-9 A tract of land being part of and out of Block 5 of MELLON 42-10 SUBDIVISION, according to the map or plat thereof recorded in 42-11 Volume 572, Page 276 of the Harris County Deed Records, and being 42-12 part of and out of Block 1 of MONONA COURT, a subdivision of land 42-13 according to the map or plat thereof recorded in Volume 7, Page 69 42-14 of the Harris County Map Records, said tract being more 42-15 particularly described as follows: 42-16 BEGINNING at the intersection of the existing east line of 42-17 Kirby Drive with the south line of Bartlett Avenue; 42-18 THENCE easterly along the south line of Bartlett Avenue to 42-19 the Northeast corner of Lot 10, Block 5 of said MELLON SUBDIVISION; 42-20 THENCE southerly along the east line of said Lot 10, Block 5 42-21 of MELLON SUBDIVISION to the southeast corner of said Lot 10, Block 42-22 5 of MELLON SUBDIVISION, and continuing across a reserve or strip 42-23 of land lying between said MELLON SUBDIVISION and MONONA COURT, a 42-24 subdivision of land according to the map or plat recorded in Volume 42-25 7, Page 69 of the Harris County Map Records, to the northeast 42-26 corner of Lot 10, Block 1 of said MONONA COURT; 42-27 THENCE southerly along the east line of said Lot 10, Block 1 43-1 of MONONA COURT, to the southeast corner of said Lot 10, Block 1 of 43-2 MONONA COURT, on the north line of South Boulevard; 43-3 THENCE westerly along the north line of South Boulevard to 43-4 the intersection of the existing east line of Kirby Drive with the 43-5 north line of South Boulevard; 43-6 THENCE northerly along the existing east line of Kirby Drive 43-7 to the POINT OF BEGINNING, "save and except" all public streets or 43-8 rights-of-way or drainage ways contained therein. 43-9 (44) TRACT FORTY-FOUR: 43-10 A tract of land being part of and out of Block 2 of MONONA 43-11 COURT, a subdivision of land according to the map or plat thereof 43-12 recorded in Volume 7, Page 69 of the Harris County Map Records, 43-13 said tract being more particularly described as follows: 43-14 BEGINNING at the intersection of the existing east line of 43-15 Kirby Drive with the south line of South Boulevard; 43-16 THENCE easterly along the south line of South Boulevard to 43-17 the northeast corner of Lot 19 of said Block 2; 43-18 THENCE southerly along the east line of said Lot 19, and the 43-19 east line of Lot 20, respectively, to the southeast corner of said 43-20 Lot 20, on the north line of Bissonnet Avenue; 43-21 THENCE westerly along the north line of Bissonnet Avenue to 43-22 the intersection of the existing east line of Kirby Drive with the 43-23 north line of Bissonnet Avenue; 43-24 THENCE northerly along the existing east line of Kirby Drive 43-25 to the POINT OF BEGINNING. 43-26 (45) TRACT FORTY-FIVE: 43-27 A tract of land being comprised of two acreage tracts, said 44-1 tract being more particularly described as follows: 44-2 BEGINNING at the intersection of the existing west line of 44-3 Kirby Drive with the north line of Milford Street; 44-4 THENCE westerly along the north line of Milford Street, 44-5 approximately 713.27 feet to a point for corner; 44-6 THENCE northerly along the east line of Milford Street, 44-7 approximately 149.9 feet to a point for corner; 44-8 THENCE northeasterly along the northerly line of the herein 44-9 described tract, approximately 723.5 feet to a point for corner, on 44-10 the existing west line of Kirby Drive; 44-11 THENCE southerly along the existing west line of Kirby Drive, 44-12 approximately 200.9 feet to the POINT OF BEGINNING. 44-13 (46) TRACT FORTY-SIX: 44-14 A tract of land being comprised of various acreage tracts, 44-15 said tract being more particularly described as follows: 44-16 BEGINNING at the intersection of the existing west line of 44-17 Kirby Drive with the southerly line of Milford Street; 44-18 THENCE southerly along the existing west line of Kirby Drive, 44-19 approximately 250 feet to the intersection of the north line of 44-20 North Boulevard with the existing west line of Kirby Drive; 44-21 THENCE westerly along the north line of North Boulevard, 44-22 approximately 200 feet to the southeast corner of KIRBY PLACE U/R 44-23 tract as described in Clerk's File No. J827892 of the Harris County 44-24 Clerk's Official Public Records of Real Property; 44-25 THENCE northerly along the east line of said KIRBY PLACE U/R 44-26 tract to the northeast corner of said KIRBY PLACE U/R tract; 44-27 THENCE westerly along the northerly line of said KIRBY PLACE 45-1 U/R tract to the northwest corner of said KIRBY PLACE U/R tract, on 45-2 the east line of Dincans Street; 45-3 THENCE northerly along the east line of Dincans Street to the 45-4 intersection of the south line of Milford Street with the east line 45-5 of Dincans Street; 45-6 THENCE easterly along the south line of Milford Street, 45-7 approximately 537.8 feet to an angle point; 45-8 THENCE southeasterly continuing along a cutback in the 45-9 southerly line of Milford Street to the POINT OF BEGINNING. 45-10 (47) TRACT FORTY-SEVEN: 45-11 A tract of land being comprised of various acreage tracts, 45-12 said tract being more particularly described as follows: 45-13 BEGINNING at the intersection of the existing west line of 45-14 Kirby Drive with the south line of North Boulevard; 45-15 THENCE southerly along the existing west line of Kirby Drive, 45-16 approximately 730 feet to the intersection of the existing north 45-17 line of Bissonnet Avenue with the existing west line of Kirby 45-18 Drive; 45-19 THENCE westerly along the existing north line of Bissonnet 45-20 Avenue to the intersection of the east line of Dincans Street with 45-21 the existing north line of Bissonnet Avenue; 45-22 THENCE northerly along the east line of Dincans Street, 45-23 approximately 730 feet to the intersection of the south line of 45-24 North Boulevard with the east line of Dincans Street; 45-25 THENCE easterly along the south line of North Boulevard, 45-26 approximately 561 feet to the POINT OF BEGINNING. 45-27 (48) TRACT FORTY-EIGHT: 46-1 A tract of land being comprised of various acreage tracts, 46-2 said tract being more particularly described as follows: 46-3 BEGINNING at the intersection of the existing north line of 46-4 Bissonnet Avenue with the west line of Dincans Street; 46-5 THENCE westerly along the existing north line of Bissonnet 46-6 Avenue to the intersection of the east line of Wakeforest Street 46-7 with the existing north line of Bissonnet Avenue; 46-8 THENCE northerly along the east line of Wakeforest Street to 46-9 the intersection of the southerly line of Westpark Drive with the 46-10 east line of Wakeforest Street; 46-11 THENCE northeasterly along the southerly line of Westpark 46-12 Drive to the intersection of west line of Milford Street with the 46-13 southerly line of Westpark Drive; 46-14 THENCE southerly along the west line of Milford Street, 46-15 approximately 131.04 feet to a re-entrant corner of said Milford 46-16 Street; 46-17 THENCE easterly along the south line of Milford Street, 46-18 approximately 141.38 feet to the intersection of the west line of 46-19 Dincans Street with the south line of Milford Street; 46-20 THENCE southerly along the west line of Dincans Street to the 46-21 POINT OF BEGINNING. 46-22 (49) TRACT FORTY-NINE: 46-23 A tract of land being comprised of several acreage tracts, 46-24 and also being part of and out of BISSONNET CENTER, SECTION THREE 46-25 (3), a subdivision of land according to he map or plat thereof 46-26 recorded in Volume 43, Page 75 of the Harris County Map Records, 46-27 said tract being more particularly described as follows: 47-1 BEGINNING at the intersection of the existing north line of 47-2 Bissonnet Avenue with the west line of Wakeforest Street; 47-3 THENCE westerly along the existing north line of Bissonnet 47-4 Avenue, at approximately 798.45 feet pass the east line of Belmont 47-5 Street, and continuing across Belmont Street to the intersection of 47-6 the east line of Buffalo Speedway with the existing north line of 47-7 Bissonnet Avenue; 47-8 THENCE northerly along the east line of Buffalo Speedway, at 47-9 approximately 745.6 feet pass the south line of Purdue Street, and 47-10 continuing across Purdue Street, along and with the existing east 47-11 line of Buffalo Speedway to the intersection of the southerly line 47-12 of Westpark Drive with the existing east line of Buffalo Speedway; 47-13 THENCE northeasterly along the southerly line of Westpark 47-14 Drive to the intersection of the west line of Wakeforest Street 47-15 with the southerly line of Westpark Drive; 47-16 THENCE southerly along the west line of Wakeforest Street, 47-17 approximately 1,307.6 feet to the POINT OF BEGINNING, "save and 47-18 except" all public streets and rights-of-way included therein 47-19 including Purdue Street, Belmont Street and South Boulevard. 47-20 (b) The district may annex or exclude land from the district 47-21 in the manner provided by Subchapter C, Chapter 375, Local 47-22 Government Code. 47-23 (c) A current description of the district's boundaries shall 47-24 be filed with the Texas Natural Resource Conservation Commission. 47-25 A mistake in the description of the district's boundaries may be 47-26 corrected by order of the commission. 47-27 Sec. 376.125. FINDINGS RELATING TO BOUNDARIES. The 48-1 boundaries and field notes of the district form a closure. If a 48-2 mistake is made in the field notes or in copying the field notes in 48-3 the legislative process, the mistake does not in any way affect 48-4 the: 48-5 (1) organization, existence, and validity of the 48-6 district; 48-7 (2) right of the district to issue any type of bonds 48-8 or refunding bonds for a purpose for which the district is created 48-9 or to pay the principal of and interest on the bonds; 48-10 (3) right of the district to impose and collect 48-11 assessments or taxes; or 48-12 (4) legality or operation of the district or governing 48-13 body. 48-14 Sec. 376.126. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) 48-15 All the land and other property included in the district will be 48-16 benefited by the improvements and services to be provided by the 48-17 district under powers conferred by Section 52, Article III, Section 48-18 59, Article XVI, and Section 52-a, Article III, Texas Constitution, 48-19 and other powers granted under this subchapter. The district is 48-20 created to serve a public use and benefit. 48-21 (b) The creation of the district is in the public interest 48-22 and is essential to: 48-23 (1) further the public purposes of the development and 48-24 diversification of the economy of the state; and 48-25 (2) eliminate unemployment and underemployment and 48-26 develop or expand transportation and commerce. 48-27 (c) The district will: 49-1 (1) promote the health, safety, and general welfare of 49-2 residents, employers, employees, visitors, consumers in the 49-3 district, and the general public; 49-4 (2) provide needed funding for the Kirby Drive 49-5 vicinity of the municipality to preserve, maintain, and enhance the 49-6 economic health and vitality of the area as a community and 49-7 business center; 49-8 (3) promote the health, safety, welfare, and enjoyment 49-9 of the public by providing pedestrian ways and by landscaping and 49-10 developing certain areas in the district, which are necessary for 49-11 the restoration, preservation, and enhancement of scenic and 49-12 aesthetic beauty; 49-13 (4) promote and benefit commercial development and 49-14 commercial areas in the Kirby Drive vicinity of the municipality; 49-15 and 49-16 (5) promote and develop public transportation and 49-17 pedestrian facilities and systems by new and alternative means that 49-18 are attractive, safe, and convenient, including securing expanded 49-19 and improved transportation and pedestrian facilities and systems, 49-20 to: 49-21 (A) address the: 49-22 (i) problem of traffic congestion in the 49-23 district; 49-24 (ii) need for traffic control; 49-25 (iii) need to improve pedestrian safety; 49-26 and 49-27 (iv) limited availability of money; and 50-1 (B) benefit the land and other property in the 50-2 district and the residents, employers, employees, visitors, 50-3 consumers in the district, and the general public. 50-4 (d) Pedestrian ways along or across a street, whether at 50-5 grade or above or below the surface, and street lighting, street 50-6 landscaping, and street art objects are parts of and necessary 50-7 components of a street and are considered to be a street or road 50-8 improvement. 50-9 (e) Each improvement project or service authorized by this 50-10 subchapter is essential to carry out a public purpose. 50-11 (f) The district will not act as the agent or 50-12 instrumentality of any private interest even though many private 50-13 interests will be benefited by the district, as will the general 50-14 public. 50-15 Sec. 376.127. CONSTRUCTION OF SUBCHAPTER. This subchapter 50-16 shall be liberally construed in conformity with the findings and 50-17 purposes stated in this subchapter. 50-18 Sec. 376.128. BOARD OF DIRECTORS IN GENERAL. (a) The 50-19 district is governed by a board of five directors who serve 50-20 staggered four-year terms. 50-21 (b) Sections 49.053, 49.054, 49.056-49.058, and 49.060, 50-22 Water Code, apply to the board. 50-23 (c) Subchapter D, Chapter 375, applies to the board to the 50-24 extent that subchapter does not conflict with this subchapter. 50-25 Sec. 376.129. APPOINTMENT OF DIRECTORS; VACANCY. Directors 50-26 shall be appointed and qualify in the manner provided by Subchapter 50-27 D, Chapter 375. A vacancy in the office of director because of the 51-1 death, resignation, or removal of a director shall be filled by the 51-2 remaining members of the board by appointing a qualified person for 51-3 the unexpired term. 51-4 Sec. 376.130. POWERS AND DUTIES OF DISTRICT. The district 51-5 has: 51-6 (1) all powers necessary or required to accomplish the 51-7 purposes for which the district was created; 51-8 (2) the rights, powers, privileges, authority, and 51-9 functions of a district created under Chapter 375; 51-10 (3) the powers, duties, and contracting authority 51-11 specified in Subchapters H and I, Chapter 49, Water Code; 51-12 (4) the powers given to a corporation under Section 51-13 4B, Development Corporation Act of 1979 (Article 5190.6, Vernon's 51-14 Texas Civil Statutes), and the power to own, operate, acquire, 51-15 construct, lease, improve, and maintain projects described by that 51-16 section; 51-17 (5) the power of a housing finance corporation created 51-18 under Chapter 394; 51-19 (6) the power to impose, assess, charge, or collect ad 51-20 valorem taxes, assessments, impact fees, or other fees in 51-21 accordance with Chapter 49, Water Code, for a purpose specified in 51-22 Chapter 375 or as necessary to accomplish a purpose, function, 51-23 power, or duty for which the district is created; 51-24 (7) the power to contract with the municipality or 51-25 county for the provision on a fee basis of law enforcement and 51-26 security services by the county or municipality; and 51-27 (8) the power to contract with a private entity for 52-1 the provision of supplemental security services. 52-2 Sec. 376.131. RELATION TO OTHER LAW. If any provision of 52-3 general law, including a law referenced in this subchapter, is in 52-4 conflict with or is inconsistent with this subchapter, this 52-5 subchapter prevails. Any law referenced in this subchapter that is 52-6 not in conflict or inconsistent with this subchapter is adopted and 52-7 incorporated by reference. 52-8 Sec. 376.132. TORT CLAIMS. (a) The district is a 52-9 governmental unit for purposes of Chapter 101, Civil Practice and 52-10 Remedies Code. 52-11 (b) The operations of the district are considered for all 52-12 purposes, including the application of Chapter 101, Civil Practice 52-13 and Remedies Code, to be essential governmental functions and not 52-14 proprietary functions. 52-15 Sec. 376.133. NONPROFIT CORPORATION. (a) The board by 52-16 resolution may authorize the creation of a nonprofit corporation to 52-17 assist and act on behalf of the district in implementing a project 52-18 or providing a service authorized by this subchapter. 52-19 (b) The board shall appoint the board of directors of a 52-20 nonprofit corporation created under this section. The board of 52-21 directors of the nonprofit corporation shall serve in the same 52-22 manner as, for the same term as, and on the conditions of the board 52-23 of directors of a local government corporation created under 52-24 Chapter 431, Transportation Code. 52-25 (c) A nonprofit corporation created under this section has 52-26 the powers of and is considered for purposes of this subchapter to 52-27 be a local government corporation created under Chapter 431, 53-1 Transportation Code. 53-2 (d) A nonprofit corporation created under this section may 53-3 implement any project and provide any services authorized by this 53-4 subchapter. 53-5 Sec. 376.134. DEBT. The district may issue bonds, notes, or 53-6 other debt obligations in accordance with Subchapters I and J, 53-7 Chapter 375, for the purposes specified in that chapter or as may 53-8 be required to accomplish the purposes, functions, powers, and 53-9 duties for which the district is created. 53-10 Sec. 376.135. ASSESSMENTS. (a) An assessment imposed on 53-11 property under this subchapter is a personal obligation of the 53-12 person who owns the property on January 1 of the year for which the 53-13 assessment is imposed. A person is not relieved of the obligation 53-14 if the person transfers title to the property. 53-15 (b) On January 1 of the year for which an assessment under 53-16 this subchapter is imposed on property, a lien attaches to the 53-17 property to secure the payment of the assessment and any interest 53-18 accrued on the assessment. The lien has the same priority as a 53-19 lien for taxes of the district. 53-20 (c) Not later than the fourth anniversary after the date on 53-21 which the assessment became due, the district may file suit to 53-22 foreclose the lien on or enforce the personal obligation for, or 53-23 both foreclose the lien on and enforce the personal obligation for, 53-24 an assessment imposed under this subchapter that is not paid in a 53-25 timely manner and any interest accrued on that assessment. 53-26 (d) In addition to recovering the amount of the assessment 53-27 and interest accrued on the assessment, if any, the district may 54-1 recover in a suit filed under this section reasonable costs, 54-2 including attorney's fees, incurred by the district in foreclosing 54-3 the lien or enforcing the personal obligation in an amount not to 54-4 exceed 20 percent of the delinquent assessment and interest. 54-5 (e) An assessment that is delinquent for more than four 54-6 years after the date on which the assessment became due and any 54-7 interest imposed on the assessment is considered paid if a suit is 54-8 not filed before the period prescribed by Subsection (c). 54-9 (f) For purposes of a title insurance policy issued under 54-10 Chapter 9, Insurance Code, an assessment is a tax. 54-11 Sec. 376.136. ELECTIONS. (a) The district shall call and 54-12 hold an election in the manner provided by Subchapter L, Chapter 54-13 375. 54-14 (b) The board may submit multiple purposes in a single 54-15 proposition at an election. 54-16 Sec. 376.137. MAINTENANCE TAX. (a) If authorized at an 54-17 election held in accordance with Section 376.136, the district may 54-18 impose and collect an annual ad valorem tax on taxable property in 54-19 the district for the maintenance, restoration, replacement, or 54-20 operation of the district and the improvements constructed or 54-21 acquired by the district or the facilities, works, or services of 54-22 the district. 54-23 (b) The board shall determine the tax rate. 54-24 Sec. 376.138. DISSOLUTION OF DISTRICT. (a) The district 54-25 may be dissolved as provided by Subchapter M, Chapter 375. 54-26 (b) Regardless of Section 375.264, a district that has debt 54-27 may be dissolved as provided by Subchapter M, Chapter 375. If the 55-1 district has debt and is dissolved, the district shall remain in 55-2 existence solely for the purpose of discharging its bonds or other 55-3 obligations according to their terms. 55-4 Sec. 376.139. REINVESTMENT ZONES. All or any part of the 55-5 area of the district is eligible to be included in a tax 55-6 incremental reinvestment zone created by the municipality under 55-7 Chapter 311, Tax Code. 55-8 Sec. 376.140. EXEMPTION OF PUBLIC UTILITY FROM FEE OR 55-9 ASSESSMENT. The district may not impose an impact fee or 55-10 assessment on the property, equipment, or facilities of a public 55-11 utility as defined by Section 2.0011, Public Utility Regulatory Act 55-12 of 1995 (Article 1446c-0, Vernon's Texas Civil Statutes). 55-13 SECTION 2. (a) The initial board of the Upper Kirby 55-14 Management District consists of the following persons: 55-15 (1) A. Lonnie Schiller, position one; 55-16 (2) Roy L. Wakefield, position two; 55-17 (3) W. T. Dickey, position three; 55-18 (4) Morris B. Penner, position four; and 55-19 (5) Robert H. Schultz, position five. 55-20 (b) Of the initial directors, the directors appointed for 55-21 positions one and two serve until June 1, 1999, and the directors 55-22 appointed for positions three, four, and five serve until June 1, 55-23 2001. 55-24 (c) This section expires September 1, 2001. 55-25 SECTION 3. The legislature finds that: 55-26 (1) proper and legal notice of the intention to 55-27 introduce this Act, setting forth the general substance of this 56-1 Act, has been published as provided by law, and the notice and a 56-2 copy of this Act have been furnished to all persons, agencies, 56-3 officials, or entities to which they are required to be furnished 56-4 by the constitution and laws of this state, including the governor, 56-5 who has submitted the notice and a copy of this Act to the Texas 56-6 Natural Resource Conservation Commission; 56-7 (2) the Texas Natural Resource Conservation Commission 56-8 has filed its recommendations relating to this Act with the 56-9 governor, lieutenant governor, and speaker of the house of 56-10 representatives within the required time; 56-11 (3) the general law relating to consent by political 56-12 subdivisions to the creation of districts with conservation, 56-13 reclamation, and road powers and the inclusion of land in those 56-14 districts has been complied with; and 56-15 (4) all requirements of the constitution and laws of 56-16 this state and the rules and procedures of the legislature with 56-17 respect to the notice, introduction, and passage of this Act have 56-18 been fulfilled and accomplished. 56-19 SECTION 4. The importance of this legislation and the 56-20 crowded condition of the calendars in both houses create an 56-21 emergency and an imperative public necessity that the 56-22 constitutional rule requiring bills to be read on three several 56-23 days in each house be suspended, and this rule is hereby suspended, 56-24 and that this Act take effect and be in force from and after its 56-25 passage, and it is so enacted.