AN ACT
1-1 relating to the creation, administration, powers, and duties of the
1-2 Upper Kirby Management District; granting the authority to issue
1-3 bonds; authorizing a tax.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle A, Title 12, Local Government Code, is
1-6 amended by adding Chapter 376 to read as follows:
1-7 CHAPTER 376. SPECIFIC MUNICIPAL MANAGEMENT DISTRICTS
1-8 (Subchapters A-C reserved for expansion
1-9 SUBCHAPTER D. UPPER KIRBY MANAGEMENT DISTRICT
1-10 Sec. 376.121. CREATION OF DISTRICT. (a) A special district
1-11 to be known as the "Upper Kirby Management District" exists as a
1-12 governmental agency, body politic and corporate, and political
1-13 subdivision of the state.
1-14 (b) The name of the district may be changed by resolution of
1-15 the board.
1-16 (c) The creation of the district is essential to accomplish
1-17 the purposes of Section 52, Article III, Section 59, Article XVI,
1-18 and Section 52-a, Article III, Texas Constitution, and other public
1-19 purposes stated in this subchapter.
1-20 Sec. 376.122. DECLARATION OF INTENT. (a) The creation of
1-21 the district is necessary to promote, develop, encourage, and
1-22 maintain employment, commerce, transportation, housing, tourism,
1-23 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 are
2-4 not to be interpreted to relieve the county or the municipality
2-5 from providing the level of services, as of September 1, 1997, to
2-6 the area in the district or to release the county or the
2-7 municipality from the obligations each entity has to provide
2-8 services to that area. The district is created to supplement and
2-9 not supplant the municipal or county services provided in the area
2-10 in the district.
2-11 (c) By creating the district and in authorizing the
2-12 municipality, county, and other political subdivisions to contract
2-13 with the district, the legislature has established a program to
2-14 accomplish the public purposes set out in Section 52-a, Article
2-15 III, Texas Constitution.
2-16 Sec. 376.123. DEFINITIONS. In this subchapter:
2-17 (1) "Board" means the board of directors of the
2-18 district.
2-19 (2) "District" means the Upper Kirby Management
2-20 District.
2-21 (3) "Municipality" means the City of Houston, Texas.
2-22 (4) "County" means Harris County, Texas.
2-23 Sec. 376.124. BOUNDARIES. (a) The district includes all
2-24 the acreage contained in the following sixty-four (64) tracts of
2-25 land in the A.C. Reynolds Survey, Abstract No. 61, in the City of
3-1 Houston, Harris County, Texas, more particularly described as
3-2 follows:
3-3 (1) TRACT ONE:
3-4 A tract of land being all of two tracts of land being 19,230
3-5 Square Feet and 102,972 Square Feet, being part of and out of
3-6 DICKEYS WEST PARK, a subdivision of land according to the map or
3-7 plat thereof recorded in Volume 55, Page 45 of the Harris County
3-8 Deed Records, said tract being more particularly described as
3-9 follows:
3-10 BEGINNING at the intersection of the existing southerly line
3-11 of San Felipe Road with the existing east line of Kirby Drive;
3-12 THENCE easterly along the existing southerly line of San
3-13 Felipe Road, approximately 306.90 feet to a point for corner, same
3-14 being the intersection of the existing southerly line of San Felipe
3-15 Road with the west line of Argonne Street;
3-16 THENCE southerly along the west line of Argonne Street,
3-17 approximately 432.09 feet to the northerly line of the HUNTINGDON
3-18 CONDOMINIUM subdivision according to the map or plat thereof
3-19 recorded in Volume 132, Page 90 of the Condominium Records of
3-20 Harris County, Texas;
3-21 THENCE westerly along the north line of said HUNTINGDON
3-22 CONDOMINIUM subdivision, approximately 301.9 feet to the Northwest
3-23 corner of said HUNTINGDON CONDOMINIUM subdivision, on the existing
3-24 east line of Kirby Drive;
3-25 THENCE northerly along the existing east line of Kirby Drive,
4-1 approximately 377.11 feet to the POINT OF BEGINNING.
4-2 (2) TRACT TWO:
4-3 A tract of land being Tract or Block 25 according to the map
4-4 or plat of RIVER OAKS, SECTION FOUR (4), a subdivision of land
4-5 recorded in Volume 9, Page 27 of the Harris County Map Records,
4-6 said tract being more particularly described as follows:
4-7 BEGINNING at the intersection of the existing northerly line
4-8 of Westheimer Road with the east line of River Oaks Boulevard;
4-9 THENCE northerly along the east line of River Oaks Boulevard,
4-10 approximately 284.8 feet to the intersection of the south line of
4-11 Locke Lane with the east line of River Oaks Boulevard;
4-12 THENCE easterly along the south line of Locke Lane,
4-13 approximately 393.7 feet to the intersection of the west line of
4-14 Eastside Lane with the south line of Locke Lane;
4-15 THENCE southerly along the west line of Eastside Lane,
4-16 approximately 285 feet to the intersection of the west line of
4-17 Eastside Lane with the existing northerly line of Westheimer Road;
4-18 THENCE westerly along the existing northerly line of
4-19 Westheimer Road to the POINT OF BEGINNING.
4-20 (3) TRACT THREE:
4-21 A tract of land being shown on the plat or map as "Reserved
4-22 for Business Purposes" of the subdivision of the SECOND ADDITION TO
4-23 AVALON PLACE as recorded in Volume 12, Page 70 of the Harris County
4-24 Map Records, same being part of and out of Blocks 16, 17 and 18 of
4-25 DICKEYS WEST PARK ADDITION, a subdivision of land according to the
5-1 map or plat thereof recorded in Volume 55, Page 45 of the Harris
5-2 County Deed Records, and also including a portion of a closed
5-3 street labeled as Virginia Avenue (50 feet wide) as shown on the
5-4 said plat of SECOND ADDITION TO AVALON PLACE, said tract being more
5-5 particularly described as follows:
5-6 BEGINNING at the intersection of the existing east line of
5-7 Bellmeade Road with the existing northerly line of Westheimer Road;
5-8 THENCE in a northerly direction along the east line of
5-9 Bellmeade Road, approximately 143.5 feet to a point for corner, on
5-10 the South line of Block D of said SECOND ADDITION TO AVALON PLACE;
5-11 THENCE easterly along the southerly line of lots or tracts
5-12 out of Block D, Block E and Block F, respectively, to a point for
5-13 corner, on the existing west line of Kirby Drive;
5-14 THENCE southerly along the existing west line of Kirby Drive,
5-15 approximately 305 feet to the intersection of the existing
5-16 northerly line of Westheimer Road with the existing west line of
5-17 Kirby Drive;
5-18 THENCE westerly along the existing line of Westheimer Road,
5-19 approximately 1,048 feet to the POINT OF BEGINNING, "save and
5-20 except" that portion of Lake Avenue (50 feet wide) between Blocks
5-21 16 and 17 of said SECOND ADDITION TO AVALON PLACE.
5-22 (4) TRACT FOUR:
5-23 A tract of land being part of and out Block 15 of DICKEYS
5-24 WEST PARK ADDITION, a subdivision of land according to the map or
5-25 plat recorded in Volume 55, Page 45 of the Harris County Deed
6-1 Records, said tract being more particularly described as follows:
6-2 BEGINNING at the intersection of the existing east line of
6-3 Kirby Drive with the existing northerly line of Westheimer Road;
6-4 THENCE northerly along the existing east line of Kirby Drive
6-5 to the point of intersection of the existing east line of Kirby
6-6 Drive with the southerly line of San Saba Street;
6-7 THENCE easterly along the southerly line of San Saba Street
6-8 to the intersection of the southerly line of San Saba Street with
6-9 the west line of Argonne Avenue;
6-10 THENCE southerly along the west line of Argonne Avenue to the
6-11 intersection of the west line of Argonne Avenue with the existing
6-12 northerly line of Westheimer Road;
6-13 THENCE westerly along the existing northerly line of
6-14 Westheimer Road to the POINT OF BEGINNING.
6-15 (5) TRACT FIVE:
6-16 A tract of land being part of and out of Block 14 of COLLEGE
6-17 HEIGHTS, a subdivision of land according to the map or plat thereof
6-18 recorded in Volume 3, Page 38B of the Harris County Map Records,
6-19 said tract being more particularly described as follows:
6-20 BEGINNING at the intersection of the existing southerly line
6-21 of Westheimer Road with the east line of Argonne Avenue;
6-22 THENCE easterly along the existing southerly line of
6-23 Westheimer Road to the intersection of the west line of Revere
6-24 Avenue with the existing southerly line of Westheimer Road;
6-25 THENCE southerly along the west line of Revere Avenue to the
7-1 intersection of the north line of Cameron Street with the west line
7-2 of Revere Avenue;
7-3 THENCE westerly along the north line of Cameron Street to the
7-4 intersection of the east line of Argonne Avenue with the north line
7-5 of Cameron Street;
7-6 THENCE northerly along the east line of Argonne Avenue to the
7-7 POINT OF BEGINNING.
7-8 (6) TRACT SIX:
7-9 A tract of land being part of and out of Block 15 of COLLEGE
7-10 HEIGHTS, a subdivision of land according to the map or plat thereof
7-11 recorded in Volume 3, Page 38B of the Harris County Map Records,
7-12 said tract being more particularly described as follows:
7-13 BEGINNING at the intersection of the existing southerly line
7-14 of Westheimer Road with the existing easterly line of Kirby Drive;
7-15 THENCE easterly along the existing southerly line of
7-16 Westheimer Road to the intersection of the west line of Argonne
7-17 Avenue with the existing southerly line of Westheimer Road;
7-18 THENCE southerly along the west line of Argonne Avenue to the
7-19 intersection of the north line of Cameron Street with the west line
7-20 of Argonne Avenue;
7-21 THENCE westerly along the north line of Cameron Street to the
7-22 intersection of the existing east line of Kirby Drive with the
7-23 north line of Cameron Street;
7-24 THENCE northerly along the existing east line of Kirby Drive
7-25 to the POINT OF BEGINNING.
8-1 (7) TRACT SEVEN:
8-2 A tract of land being part of and out of Block 36 of COLLEGE
8-3 HEIGHTS, a subdivision of land according to the map or plat thereof
8-4 recorded in Volume 3, Page 38B of the Harris County Map Records,
8-5 and also being part of and out of Block 22 of DICKEYS WEST PART
8-6 ADDITION, a subdivision of land according to the map or plat
8-7 thereof recorded in Volume 45, Page 55 of the Harris County Deed
8-8 Records, and being all of 2701 KIRBY, a subdivision of land
8-9 according to the map or plat thereof recorded in Volume 348, Page
8-10 17 of the Harris County Map Records, and also being all of COLLEGE
8-11 HEIGHTS, a subdivision of land according to the map or plat thereof
8-12 recorded in Volume 318, Page 109 of the Harris County Map Records,
8-13 said tract being more particularly described as follows:
8-14 BEGINNING at the intersection of a cutback line in the
8-15 existing east line of Kirby Drive with the southerly line of
8-16 Cameron Street;
8-17 THENCE easterly along the south line of Cameron Street to the
8-18 intersection of the west line of Argonne Avenue with the south line
8-19 of Cameron Street;
8-20 THENCE southeasterly along a cutback line for Cameron Street
8-21 to the southerly termination of said cutback line, on the west line
8-22 of Argonne Avenue;
8-23 THENCE southerly along the west line of Argonne Avenue,
8-24 passing the northeast corner of aforesaid COLLEGE HEIGHTS ADDITION
8-25 1982, and continuing to the north termination of a cutback line in
9-1 said west line of Argonne Avenue;
9-2 THENCE southwesterly along the said cutback for the west line
9-3 of Argonne Avenue to the southerly termination of said cutback
9-4 line, on the north line of Kipling Street;
9-5 THENCE westerly along the north line of Kipling Street to a
9-6 point for corner, same being the south termination of a cutback
9-7 line for the existing east line of Kirby Drive;
9-8 THENCE northwesterly along said cutback line to a point for
9-9 corner, on the existing east line of Kirby Drive;
9-10 THENCE northerly along the existing east line of Kirby Drive
9-11 to the southerly termination of a cutback line for Cameron Street;
9-12 THENCE northeasterly along the said cutback line for Cameron
9-13 Street to the POINT OF BEGINNING.
9-14 (8) TRACT EIGHT:
9-15 A tract of land being part of and out of Block 28 of COLLEGE
9-16 HEIGHT, a subdivision of land according to the map or plat thereof
9-17 recorded in Volume 3, Page 38B of the Harris County Map Records,
9-18 said tract being more particularly described as follows:
9-19 BEGINNING at the intersection of the existing east line of
9-20 Kirby Drive with the south line of Kipling Street;
9-21 THENCE easterly along the south line of Kipling Street to the
9-22 intersection of the west line of Argonne Avenue with the south line
9-23 of Kipling Street;
9-24 THENCE southerly along the west line of Argonne Avenue to the
9-25 intersection of the north line of Steel Street with the west line
10-1 of Argonne Avenue;
10-2 THENCE westerly along the north line of Steel Street to the
10-3 intersection of the existing east line of Kirby Drive with the
10-4 north line of Steel Street;
10-5 THENCE northerly along the existing east line of Kirby Drive
10-6 to the POINT OF BEGINNING.
10-7 (9) TRACT NINE:
10-8 A tract of land being part of and out of Block 23 of COLLEGE
10-9 HEIGHTS, a subdivision of land according to the map or plat thereof
10-10 recorded in Volume 3, Page 38B of the Harris County Map Records,
10-11 said tract being more particularly described as follows:
10-12 BEGINNING the intersection of the existing east line of Kirby
10-13 Drive with the south line of Steel Street;
10-14 THENCE easterly along the south line of Steel Street to the
10-15 intersection of the west line of Argonne Avenue with the south line
10-16 of Steel Street;
10-17 THENCE southerly along the west line of Argonne Avenue to the
10-18 intersection of the existing north line of West Alabama Street with
10-19 the west line of Argonne Avenue;
10-20 THENCE westerly along the existing north line of West Alabama
10-21 Street to the intersection of the existing east line of Kirby Drive
10-22 with the existing north line of West Alabama Street;
10-23 THENCE northerly along the existing east line of Kirby Drive
10-24 to the POINT OF BEGINNING.
10-25 (10) TRACT TEN:
11-1 A tract of land being part of and out of Block 46 of COLLEGE
11-2 HEIGHTS, a subdivision of land according to the map or plat thereof
11-3 recorded in Volume 3, Page 38B of the Harris County Map Records,
11-4 said tract being more particularly described as follows:
11-5 BEGINNING at the intersection of the existing southerly line
11-6 of Westheimer Road with the existing west line of Kirby Drive;
11-7 THENCE southerly along the existing west line of Kirby Drive
11-8 to the intersection of the north line of Cameron Street with the
11-9 existing west line of Kirby Drive;
11-10 THENCE westerly along the north line of Cameron Street to the
11-11 intersection of the east line of Lake Street with the north line of
11-12 Cameron Street;
11-13 THENCE northerly along the east line of Lake Street to the
11-14 intersection of the existing southerly line of Westheimer Road with
11-15 the east line of Lake Street;
11-16 THENCE easterly along the existing southerly line of
11-17 Westheimer Road to the POINT OF BEGINNING.
11-18 (11) TRACT ELEVEN:
11-19 A tract of land being part of and out Block 41 of COLLEGE
11-20 HEIGHTS, a subdivision of land according to the map or plat thereof
11-21 recorded in Volume 3, Page 38B of the Harris County Map Records,
11-22 and being a portion of abandoned Lake Street adjoining the west
11-23 side of said Block 41 (as shown on said map of COLLEGE HEIGHTS),
11-24 said tract being more particularly described as follows:
11-25 BEGINNING at the intersection of the existing west line of
12-1 Kirby Drive with the south line of Cameron Street;
12-2 THENCE southerly along the existing west line of Kirby Drive
12-3 to the intersection of the north line of Rosamond Street with the
12-4 existing west line of Kirby Drive;
12-5 THENCE westerly along the north line of Rosamond Street to
12-6 the Southeast corner of the REGENCY HOUSE CONDOMINIUMS, a
12-7 condominium subdivision according to the map or plat thereof
12-8 recorded in Volume 107, Page 101 of the Condominium Records of
12-9 Harris County, Texas;
12-10 THENCE northerly along the east line of the said REGENCY
12-11 HOUSE CONDOMINIUMS to the most easterly northeast corner of said
12-12 REGENCY HOUSE CONDOMINIUMS, on the south line of Cameron Street;
12-13 THENCE easterly along the south line of Cameron Street to the
12-14 POINT OF BEGINNING.
12-15 (12) TRACT TWELVE:
12-16 A tract of land being part of and out of Blocks 33 and 34 of
12-17 COLLEGE HEIGHTS, a subdivision of land according to the map or plat
12-18 thereof recorded in Volume 3, Page 38B of the Harris County Map
12-19 Records, and a portion of abandoned Lake Street (50 feet wide)
12-20 lying between said Blocks 33 and 34, said tract being more
12-21 particularly described as follows:
12-22 BEGINNING at the intersection of the existing west line of
12-23 Kirby Drive with the south line of Rosamond Street;
12-24 THENCE southerly along the existing west line of Kirby Drive,
12-25 approximately 240 feet to the intersection of the north line of
13-1 Kipling Street with the existing west line of Kirby Drive;
13-2 THENCE westerly along the north line of Kipling Street to the
13-3 intersection of the east line of Virginia Avenue with the north
13-4 line of Kipling Street;
13-5 THENCE northerly along the east line of Virginia Avenue,
13-6 approximately 240 feet to the intersection of the south line of
13-7 Rosamond Street with the east line of Virginia Avenue;
13-8 THENCE easterly along the south line of Rosamond Street to
13-9 the POINT OF BEGINNING.
13-10 (13) TRACT THIRTEEN:
13-11 A tract of land being part of and out of Blocks 29 and 30 of
13-12 COLLEGE HEIGHTS, a subdivision of land according to the map or plat
13-13 thereof recorded in Volume 3, Page 38B of the Harris County Map
13-14 Records, and a portion of abandoned Lake Street (50 feet wide)
13-15 lying between said Block 29 and 30, said tract being more
13-16 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 Kipling Street;
13-19 THENCE southerly along the existing west line of Kirby Drive
13-20 to the intersection of the north line of Steel Street with the
13-21 existing west line of Kirby Drive;
13-22 THENCE westerly along the north line of Steel Street to the
13-23 intersection of the east line of Virginia Street with the north
13-24 line of Steel Street;
13-25 THENCE northerly along the east line of Virginia Street to
14-1 the northwest corner of Lot 9 of said Block 30;
14-2 THENCE easterly along the northerly line of Lots 9 through
14-3 13, respectively, of said Block 30, to the common corner of Lots 3,
14-4 4, 13 and 14 of said Block 30;
14-5 THENCE northerly along the common line of said Lots 3 and 4,
14-6 approximately 122 feet to the common northerly corner of said Lots
14-7 3 and 4, on the south line of Kipling Street;
14-8 THENCE easterly along the south line of Kipling Street to the
14-9 POINT OF BEGINNING.
14-10 (14) TRACT FOURTEEN:
14-11 A tract of land being part of and out of Blocks 21 and 22 of
14-12 COLLEGE HEIGHTS, a subdivision of land according to the map or plat
14-13 thereof recorded in Volume 3, Page 38B of the Harris County Map
14-14 Records, said tract being more particularly described as follows:
14-15 BEGINNING at the intersection of the existing west line of
14-16 Kirby Drive with the south line of Steel Street;
14-17 THENCE southerly along the existing west line of Kirby Drive
14-18 to the intersection of the existing north line of West Alabama
14-19 Street;
14-20 THENCE westerly along the existing north line of West Alabama
14-21 Street to the intersection of the east line of Virginia Street with
14-22 the existing north line of West Alabama Street;
14-23 THENCE northerly along the east line of Virginia Street to
14-24 the intersection of the south line of Steel Street with the east
14-25 line of Virginia Street;
15-1 THENCE easterly along the south line of Steel Street to the
15-2 POINT OF BEGINNING.
15-3 (15) TRACT FIFTEEN:
15-4 A tract of land being part of and out of Commercial Block
15-5 Seven (7) of the Second Replat of DAVID CROCKETT, a subdivision of
15-6 land according to the map or plat thereof recorded in Volume 31,
15-7 Page 35 of the Harris County Map Records, said tract being more
15-8 particularly described as follows:
15-9 BEGINNING at the intersection of the existing south line of
15-10 West Alabama Street with the existing west line of Kirby Drive;
15-11 THENCE southerly along the existing west line of Kirby Drive
15-12 to the intersection of the north line of West Main Street with the
15-13 existing west line of Kirby Drive;
15-14 THENCE westerly along the north line of West Main Street to
15-15 the intersection of the east line of Lake Street with the north
15-16 line of West Main Street;
15-17 THENCE northerly along the east line of Lake Street to the
15-18 intersection of the existing south line of West Alabama Street with
15-19 the east line of Lake Street;
15-20 THENCE easterly along the existing south line of West Alabama
15-21 Street to the POINT OF BEGINNING.
15-22 (16) TRACT SIXTEEN:
15-23 A tract of land being part of and out of Block One (1) of
15-24 DAVID CROCKETT, a subdivision of land according to the map or plat
15-25 thereof recorded in Volume 31, Page 35 of the Harris County Map
16-1 Records, said tract being more particularly described as follows:
16-2 BEGINNING at the intersection of the existing west line of
16-3 Kirby Drive with the south line of West Main Street;
16-4 THENCE southerly along the existing west line of Kirby Drive
16-5 to the intersection of the north line of Colquitt Street with the
16-6 existing west line of Kirby Drive;
16-7 THENCE westerly along the north line of Colquitt Street to
16-8 the intersection of the east line of Lake Street with the north
16-9 line of Colquitt Street;
16-10 THENCE northerly along the east line of Lake Street to the
16-11 intersection of the south line of West Main Street with the east
16-12 line of Lake Street;
16-13 THENCE easterly along the south line of West Main Street to
16-14 the POINT OF BEGINNING.
16-15 (17) TRACT SEVENTEEN:
16-16 A tract of land being part of and out of Block 13 and 16 of
16-17 COLLEGE HEIGHTS, a subdivision of land according to the map or plat
16-18 thereof recorded in Volume 3, Page 38B of the Harris County Map
16-19 Records, and being a portion of abandoned Elmo Street lying between
16-20 said Blocks 13 and 16, and also being part of and out Block A of
16-21 DOZIER ADDITION, a subdivision of land according to the map or plat
16-22 thereof recorded in Volume 302, Page 300 of the Harris County Deed
16-23 Records, said tract being more particularly described as follows:
16-24 BEGINNING at the intersection of the existing east line of
16-25 Kirby Drive with the existing south line of West Alabama Street;
17-1 THENCE easterly along the existing south line of West Alabama
17-2 Street to the intersection of the west line of Argonne Avenue with
17-3 the existing south line of West Alabama Street;
17-4 THENCE southerly along the west line of Argonne Avenue to the
17-5 intersection of the north line of Branard Street with the west line
17-6 of Argonne Avenue;
17-7 THENCE westerly along the north line of Branard Street to the
17-8 intersection of the existing east line of Kirby Drive with the
17-9 north line of Branard Street;
17-10 THENCE northerly along the existing east line of Kirby Drive
17-11 to the POINT OF BEGINNING.
17-12 (18) TRACT EIGHTEEN:
17-13 A tract of land being part of and out of Block F of DOZIER
17-14 ADDITION, according to the map or plat thereof recorded in Volume
17-15 302, Page 300 of the Harris County Deed Records, and being and part
17-16 of and out of Tract No. 1 of the GEORGE RICH SUBDIVISION, according
17-17 to the map or plat thereof recorded in Volume 25, Page 25 of the
17-18 Harris County Map Records, said tract being more particularly
17-19 described as follows:
17-20 BEGINNING at the intersection of the existing east line of
17-21 Kirby Drive with the south line of Branard Street;
17-22 THENCE easterly along the south line of Branard Street to the
17-23 intersection of the west line of Argonne Street with the south line
17-24 of Branard Street;
17-25 THENCE southerly along the west line of Argonne Street to the
18-1 Southeast corner of said Block F, on the southerly termination of
18-2 Argonne Street, same being the north line of aforesaid GEORGE RICH
18-3 SUBDIVISION;
18-4 THENCE westerly along the north line of said GEORGE RICH
18-5 SUBDIVISION, same being the south line of said Block F, to the
18-6 common north corner of Lot 5 of aforesaid Tract No. 1, and Lot 1 of
18-7 Tract No. 2 of said GEORGE RICH SUBDIVISION;
18-8 THENCE southerly along the common line of said Lot 5 of Tract
18-9 No. 1 and Lot 1 of said Tract No. 2 to the common south corner of
18-10 said Lot 5 of Tract No. 1 and Lot 1 of said Tract No. 2, on the
18-11 north line of West Main Street;
18-12 THENCE westerly along the north line of West Main Street to
18-13 the intersection of the existing east line of Kirby Drive with the
18-14 north line of West Main Street;
18-15 THENCE northerly along the existing east line of Kirby Drive
18-16 to the POINT OF BEGINNING.
18-17 (19) TRACT NINETEEN:
18-18 A tract of land being part of and out of Block No. 1, Tract
18-19 No. 7, and Tract No. 8 of the GEORGE RICH SUBDIVISION, according to
18-20 the map or plat thereof recorded in Volume 25, Page 25 of the
18-21 Harris County Map Records, said tract being more particularly
18-22 described as follows:
18-23 BEGINNING at the intersection of the existing east line of
18-24 Kirby Drive with the south line of West Main Street;
18-25 THENCE easterly along the south line of West Main Street to
19-1 the northeast corner of a tract of land described in deed recorded
19-2 in County Clerk's File No. G455073 in the Harris County Clerk's
19-3 Official Public Records of Real Property;
19-4 THENCE southerly along the east line of said tract described
19-5 in File No. G455073 to the southeast corner of said tract, on the
19-6 north line of Block No. 1;
19-7 THENCE westerly along the north line of said Block No. 1 to
19-8 the northeast corner of a tract of land heretofore described in
19-9 County Clerk's File No. F090331 in the Harris County Clerk's
19-10 Official Public Records of Real Property;
19-11 THENCE southerly along the east line of said tract described
19-12 in File No. F090331 to the southeast corner of said tract, on the
19-13 north line of Richton Street;
19-14 THENCE westerly along the north line of Richton Street to the
19-15 intersection of the existing east line of Kirby Drive with the
19-16 north line of Richton Street;
19-17 THENCE northerly along the existing east line of Kirby Drive
19-18 to the POINT OF BEGINNING.
19-19 (20) TRACT TWENTY:
19-20 A tract of land being part of and out of Block No. 2 of the
19-21 GEORGE RICH SUBDIVISION, according to the map or plat thereof
19-22 recorded in Volume 25, Page 25 of the Harris County Map Records,
19-23 and also being comprised of various acreage tracts; said tract
19-24 being more particularly described as follows:
19-25 BEGINNING at the intersection of the existing east line of
20-1 Kirby Drive with the south line of Richton Street;
20-2 THENCE easterly along the south line of Richton Street to the
20-3 common north corner of Lots 5 and 6 of said Block No. 2 of the
20-4 GEORGE RICH SUBDIVISION;
20-5 THENCE southerly along the common line of said Lots 5 and 6,
20-6 approximately 100 feet to the common south corner of said Lots 5
20-7 and 6, on the south line of the said GEORGE RICH SUBDIVISION;
20-8 THENCE easterly along the south line of the said GEORGE RICH
20-9 SUBDIVISION to the northeast corner of a called 2 Acre Tract
20-10 described in Volume 3006, Page 378 of the Harris County Deed
20-11 Records;
20-12 THENCE southerly along the east line of said called 2 Acre
20-13 Tract to a point for corner, on the north line of a called tract
20-14 described in Clerks' File No. L054550 of the Harris County Clerk's
20-15 Official Public Records of Real Property (HCCOPRRP);
20-16 THENCE easterly along the northerly line of said tract
20-17 described in Clerk's File No. L054550 to the northeast corner of
20-18 said tract, on the west line of a tract heretofore described in
20-19 Clerk's File No. B619139 (HCCOPRRP);
20-20 THENCE northerly along the west line of said tract described
20-21 in Clerk's File No. B619139 (HCCOPRRP) to the Northwest corner of
20-22 said tract described in Clerk's File No. B619139, on the south line
20-23 of a tract described in Clerk's File No. J069866 (HCCOPRRP);
20-24 THENCE easterly along, in part, the north line of said tract
20-25 described in Clerk's File No. B619139 (HCCOPRRP), same being the
21-1 south line of said tract described in Clerk's File No. J069866
21-2 (HCCOPRRP) to a re-entrant corner of said tract described in
21-3 Clerk's File No. J069866 (HCCOPRRP);
21-4 THENCE southerly along a west line of said tract described in
21-5 Clerk's File No. J069866 (HCCOPRRP) to a southwest corner of said
21-6 tract described in Clerk's File No. J069866 (HCCOPRRP), on the
21-7 existing north line of Richmond Avenue;
21-8 THENCE westerly along the existing north line of Richmond
21-9 Avenue to the intersection of the existing east line of Kirby Drive
21-10 with the existing north line of Richmond Avenue;
21-11 THENCE northerly along the existing east line of Kirby Drive
21-12 to the POINT OF BEGINNING.
21-13 (21) TRACT TWENTY-ONE:
21-14 A tract of land being part of and out of Block A of FORRESTER
21-15 SUBDIVISION, according to the map or plat thereof recorded in
21-16 Volume 327, Page 631 of the Harris County Deed Records, said tract
21-17 being more particularly described as follows:
21-18 BEGINNING at the intersection of the existing west line of
21-19 Kirby Drive with the existing north line of Richmond Avenue;
21-20 THENCE westerly along the existing north line of Richmond
21-21 Avenue to the intersection of the east line of Lake Street with the
21-22 existing north line of Richmond Avenue;
21-23 THENCE northerly along the east line of Lake Street to the
21-24 intersection of the south line of Colquitt Street with the east
21-25 line of Lake Street;
22-1 THENCE easterly along the south line of Colquitt Street to
22-2 the intersection of the existing west line of Kirby Drive with the
22-3 south line of Colquitt Street;
22-4 THENCE southerly along the existing west line of Kirby Drive
22-5 to the POINT OF BEGINNING.
22-6 (22) TRACT TWENTY-TWO:
22-7 A tract of land being part of and out of Block B of FORRESTER
22-8 SUBDIVISION, according to the map or plat thereof recorded in
22-9 Volume 327, Page 631 of the Harris County Deed Records, said tract
22-10 being more particularly described as follows:
22-11 BEGINNING at the intersection of the west line of Lake Street
22-12 with the existing north line of Richmond Avenue;
22-13 THENCE westerly along the existing north line of Richmond
22-14 Avenue to the intersection of the east line of Virginia Street with
22-15 the existing north line of Richmond Avenue;
22-16 THENCE northerly along the east line of Virginia Street to
22-17 the northwest corner of Lot 7 of said Block B;
22-18 THENCE easterly along the north line of Lots 7, 8, 9, 10, 11
22-19 and 12, respectively, of said Block B to a point for corner, on the
22-20 west line of Lake Street;
22-21 THENCE southerly along the west line of Lake Street to the
22-22 POINT OF BEGINNING.
22-23 (23) TRACT TWENTY-THREE:
22-24 A tract of land being comprised of various acreage tracts,
22-25 and being part of and out of Block C of FORRESTER SUBDIVISION,
23-1 according to the map or plat thereof recorded in Volume 327, Page
23-2 631 of the Harris County Deed Records, said tract being more
23-3 particularly described as follows:
23-4 BEGINNING at the intersection of the existing north line of
23-5 Richmond Avenue with the west line of Virginia Street;
23-6 THENCE westerly along the existing north line of Richmond
23-7 Avenue to the intersection of the existing easterly line of
23-8 Eastside Avenue with the existing north line of Richmond Avenue;
23-9 THENCE northerly along the existing easterly line of Eastside
23-10 Avenue being a curve to the left to the northwest corner of the
23-11 herein described tract, on the south line of CRAWFORD ADDITION,
23-12 according to the map or plat thereof recorded in Volume 2, Page 12
23-13 of the Harris County Map Records;
23-14 THENCE easterly along the north line of the herein described
23-15 tract, same being the south line of said of CRAWFORD ADDITION,
23-16 passing the southwest corner of a Replat of a Portion of CRAWFORD
23-17 ADDITION, according to the map or plat thereof recorded in Volume
23-18 30, Page 45 of the Harris County Map Records, and continuing along
23-19 the south line of said Replat of a Portion of CRAWFORD ADDITION, to
23-20 a point for corner, on the west line of the Replat of DAVID
23-21 CROCKETT SUBDIVISION, according to the map or plat thereof recorded
23-22 in Volume 31, Page 35 of the Harris County Map Records;
23-23 THENCE southerly along the west line of said Replat of DAVID
23-24 CROCKETT SUBDIVISION, passing the southwest corner of said Replat
23-25 of DAVID CROCKETT SUBDIVISION, also passing along the west
24-1 termination line of Colquitt Street, and continuing along the west
24-2 line of aforesaid Block C of FORRESTER SUBDIVISION to the northwest
24-3 corner of Lot 7 of said Block C;
24-4 THENCE easterly along the common north line of Lots 7, 8, 9,
24-5 10, 11 and 12, respectively, of said Block C to the northeast
24-6 corner of said Lot 12, on the west line of Virginia Street;
24-7 THENCE southerly along the west line of Virginia Street to
24-8 the POINT OF BEGINNING.
24-9 (24) TRACT TWENTY-FOUR:
24-10 A tract of land being comprised of various acreage tracts,
24-11 and also being part of and out Block 3 of MAYFAIR, SECTION TWO, a
24-12 subdivision of land according to the map or plat thereof recorded
24-13 in Volume 998, Page 222 of the Harris County Deed Records, said
24-14 tract being more particularly described by as follows:
24-15 BEGINNING at the intersection of the existing westerly line
24-16 of Eastside Avenue with the existing north line of Richmond Avenue;
24-17 THENCE westerly along the existing north line of Richmond
24-18 Avenue, at a distance of approximately 295 feet pass the east line
24-19 of said Block 3, and continuing to the intersection of the east
24-20 line of Audley Street with the existing north line of Richmond
24-21 Avenue;
24-22 THENCE northerly along the east line of Audley Street to the
24-23 intersection of the south line of Colquitt Avenue with the east
24-24 line of Audley Street;
24-25 THENCE easterly along the south line of Colquitt Avenue to
25-1 the northeast corner of Block 3, on the east termination line of
25-2 Colquitt Avenue;
25-3 THENCE northerly along the east termination of Colquitt
25-4 Avenue, same being the east line of said MAYFAIR, SECTION TWO,
25-5 approximately 150 feet to the northeast corner of Lot 4 of Block 2
25-6 of said MAYFAIR, SECTION TWO, on the south line of MAYFAIR, SECTION
25-7 ONE, a subdivision of land according to the map or plat thereof
25-8 recorded in Volume 998, Page 144 of the Harris County Deed Records;
25-9 THENCE easterly along the south line of said MAYFAIR, SECTION
25-10 ONE, passing the southeast corner of said MAYFAIR, SECTION ONE,
25-11 same being the southwest corner of CRAWFORD ADDITION, according to
25-12 the map or plat thereof recorded in Volume 2, Page 12 of the Harris
25-13 County Map Records, and continuing to the northeast corner of the
25-14 herein described tract, on the existing westerly line of Eastside
25-15 Avenue;
25-16 THENCE southerly along the westerly line of Eastside Avenue
25-17 being a curve to the right approximately 356.59 feet to the POINT
25-18 OF BEGINNING.
25-19 (25) TRACT TWENTY-FIVE:
25-20 A tract of land being comprised of two acreage tracts, and
25-21 also being part of and out of Block 4 of MAYFAIR, SECTION TWO, a
25-22 subdivision of land according to the map or plat thereof recorded
25-23 in Volume 998, Page 222 of the Harris County Deed Records, said
25-24 tract being more particularly described as follows:
25-25 BEGINNING at the intersection of the existing easterly line
26-1 of Buffalo Speedway with the existing northerly line of Richmond
26-2 Avenue;
26-3 THENCE northwesterly along a cutback line for the easterly
26-4 line of Buffalo Speedway, approximately 41.6 feet to an angle
26-5 point;
26-6 THENCE northerly continuing along the easterly line of
26-7 Buffalo Speedway approximately 231.68 feet to the northwest corner
26-8 of the herein described tract;
26-9 THENCE easterly along the northerly line of the herein
26-10 described tract, along the south line of the RIVER OAKS APARTMENTS,
26-11 a subdivision of land according to the map or plat thereof recorded
26-12 in Volume 345, Page 25 of the Harris County Map Records,
26-13 approximately 530.66 feet to a point for corner, on the west
26-14 termination line of Colquitt Avenue, same being the west line of
26-15 aforesaid MAYFAIR, SECTION TWO;
26-16 THENCE southerly along the west line of said MAYFAIR, SECTION
26-17 TWO, same being the west termination line of Colquitt Avenue, to
26-18 the northwest corner of Block 4 of said MAYFAIR, SECTION TWO;
26-19 THENCE easterly along the south line of Colquitt Avenue to
26-20 intersection of the west line of Audley Street with the south line
26-21 of Colquitt Avenue;
26-22 THENCE southerly along the west line of Audley Street to the
26-23 intersection of the existing northerly line of Richmond Avenue with
26-24 the west line of Audley Street;
26-25 THENCE westerly along the existing northerly line of Richmond
27-1 Avenue to the POINT OF BEGINNING.
27-2 (26) TRACT TWENTY-SIX:
27-3 A tract of land being comprised of various acreage tracts,
27-4 and being part of and out of MAYFAIR, SECTION 2, a subdivision of
27-5 land according to the map or plat thereof recorded in Volume 998,
27-6 Page 222 of the Harris County Deed Records, and also being part of
27-7 and out of PARKFRONT PLAZA, SECTION 1, a subdivision of land
27-8 according to the map or plat recorded in Volume 48, Page 69 of the
27-9 Harris County Map Records, and also being part of and out of
27-10 PARKFRONT PLAZA, SECTION 2, a subdivision of land according to the
27-11 map or plat thereof recorded in Volume 54, Page 53 of the Harris
27-12 County Map Records, said tract being more particularly described as
27-13 follows:
27-14 BEGINNING at the intersection of the existing southerly line
27-15 of Richmond Avenue with the easterly line of Buffalo Speedway;
27-16 THENCE easterly along the existing southerly line of Richmond
27-17 Avenue, passing the west line of said MAYFAIR, SECTION 2, and
27-18 continuing to the intersection of the west line of Wakeforest
27-19 Street with the existing south line of Richmond Avenue;
27-20 THENCE southerly along the west line of Wakeforest Street,
27-21 approximately 385.58 feet to a re-entrant in said west line of
27-22 Wakeforest Street;
27-23 THENCE westerly along a northerly line of Wakeforest Street,
27-24 approximately 32.5 feet to a re-entrant corner of Wakeforest
27-25 Street;
28-1 THENCE southerly along the west line of Wakeforest Street,
28-2 approximately 648.33 feet to the intersection of the existing
28-3 northerly line of U.S. Highway 59 South with the west line of
28-4 Wakeforest Street;
28-5 THENCE in westerly and southwesterly directions along the
28-6 existing northerly line of U.S. Highway 59 South to the southerly
28-7 termination of a cutback line at the northeast corner of Buffalo
28-8 Speedway and U.S. Highway 59 South;
28-9 THENCE northwesterly along said cutback line at the northeast
28-10 corner of Buffalo Speedway and U.S. Highway 59 South, approximately
28-11 70.13 feet to the northerly termination of said cutback line;
28-12 THENCE, continuing northwesterly, along the existing easterly
28-13 line of Buffalo Speedway to the POINT OF BEGINNING, "save and
28-14 except" all public street or public rights-of-way areas contained
28-15 therein, including Eastside Avenue, Norfolk Street, Audley Drive
28-16 and Portsmouth Street.
28-17 (27) TRACT TWENTY-SEVEN:
28-18 A tract of land being part of and out of Block 2 of 2701
28-19 RICHMOND AVENUE, a subdivision of land according to the map or plat
28-20 thereof recorded in Volume 151, Page 55 of the Harris County Map
28-21 Records, said tract being more particularly described as follows:
28-22 BEGINNING at the intersection of the existing southerly line
28-23 of Richmond Avenue with the existing west line of Kirby Drive;
28-24 THENCE southerly along the existing west line of Kirby Drive
28-25 to the intersection of the north line of Norfolk Avenue with the
29-1 existing west line of Kirby Drive;
29-2 THENCE westerly along the north line of Norfolk Avenue to the
29-3 intersection of the east line of Lake Street with the north line of
29-4 Norfolk Avenue;
29-5 THENCE northerly along the east line of Lake Street to the
29-6 intersection of the existing southerly line of Richmond Avenue with
29-7 the east line of Lake Street;
29-8 THENCE easterly along the courses of the existing southerly
29-9 line of Richmond Avenue to the POINT OF BEGINNING.
29-10 (28) TRACT TWENTY-EIGHT:
29-11 A tract of land being part of and out of Block 1 of MARIAN
29-12 SUBDIVISION, according to the map or plat thereof recorded in
29-13 Volume 292, Page 520 of the Harris County Deed Records, said tract
29-14 being more particularly described as follows:
29-15 BEGINNING at the intersection of the existing southerly line
29-16 of Richmond Avenue with the existing east line of Kirby Drive;
29-17 THENCE easterly along the existing southerly line of Richmond
29-18 Avenue to the intersection of the west line of Park Street with the
29-19 existing southerly line of Richmond Avenue;
29-20 THENCE southerly along the west line of Park Street to the
29-21 intersection of the north line of Portsmouth Avenue with the west
29-22 line of Park Street;
29-23 THENCE westerly along the north line of Portsmouth Avenue to
29-24 the intersection of the existing east line of Kirby Drive with the
29-25 north line of Portsmouth Avenue;
30-1 THENCE northerly along the existing east line of Kirby Drive
30-2 to the POINT OF BEGINNING.
30-3 (29) TRACT TWENTY-NINE:
30-4 A tract of land being part of and out of Block 2 of MARIAN
30-5 SUBDIVISION, according to the map or plat thereof recorded in
30-6 Volume 292, Page 520 of the Harris County Deed Records, said tract
30-7 being more particularly described as follows:
30-8 BEGINNING at the intersection of the existing southerly line
30-9 of Richmond Avenue with the east line of Park Street;
30-10 THENCE easterly along the existing southerly line of Richmond
30-11 Avenue to the intersection of the west line of Revere Street with
30-12 the existing southerly line of Richmond Avenue;
30-13 THENCE southerly along the west line of Revere Street to the
30-14 intersection of the north line of Portsmouth Avenue with the west
30-15 line of Revere Street;
30-16 THENCE westerly along the north line of Portsmouth Avenue to
30-17 the intersection of the east line of Park Street with the north
30-18 line of Portsmouth Avenue;
30-19 THENCE northerly along the east line of Park Street to the
30-20 POINT OF BEGINNING.
30-21 (30) TRACT THIRTY:
30-22 A tract of land being part of and out of Lots 5 thru 11,
30-23 Block 3 of COLQUITT COURT, SECTION 2, a subdivision of land
30-24 according to the map or plat thereof recorded in Volume 17, Page 60
30-25 of the Harris County Map Records, and also being part of and out of
31-1 the SHOPS AT GREENBRIAR & RICHMOND, a subdivision of land according
31-2 to the map or plat thereof recorded in Volume 332, Page 150 of the
31-3 Harris County Map Records, and also being part of and out of those
31-4 tracts of land heretofore described in Clerk's File No. F070767 of
31-5 the Harris County Clerk's Official Public Records of Real Property,
31-6 and being part of and out of Lots 1 thru 7, Block 7 of MARIAN
31-7 SUBDIVISION, a subdivision of land according to the map or plat
31-8 recorded in Volume 292, Page 520 of the Harris County Deed Records,
31-9 said tract being more particularly described as follows:
31-10 BEGINNING at the intersection of the existing southerly line
31-11 of Richmond Avenue with the east line of Revere Street;
31-12 THENCE along the existing southerly line of Richmond Avenue
31-13 to the northerly termination point of a cutback for the existing
31-14 west line of Greenbriar Drive;
31-15 THENCE southeasterly along the said cutback line for
31-16 Greenbriar Drive to the southerly termination of said cutback line;
31-17 THENCE southerly along the existing west line of Greenbriar
31-18 Drive to the northerly termination of a cutback line for Portsmouth
31-19 Avenue;
31-20 THENCE southwesterly along the said cutback line for
31-21 Portsmouth Avenue to the southerly termination of said cutback
31-22 line;
31-23 THENCE westerly along the north line of Portsmouth Avenue to
31-24 the southwest corner of said SHOPS AT GREENBRIAR & RICHMOND
31-25 subdivision;
32-1 THENCE northerly along the west line of said SHOPS AT
32-2 GREENBRIAR & RICHMOND subdivision to a re-entrant corner of said
32-3 SHOPS AT GREENBRIAR & RICHMOND subdivision;
32-4 THENCE westerly along a south line of said SHOPS AT
32-5 GREENBRIAR & RICHMOND subdivision passing the most northerly
32-6 southwest corner of said SHOPS AT GREENBRIAR & RICHMOND
32-7 subdivision, and continuing along the south line of aforesaid Lots
32-8 5 thru 11, respectively, Block 3 of COLQUITT COURT, SECTION 2 to
32-9 the southwest corner of said Lot 12;
32-10 THENCE northerly along the west line of said Block 3 to the
32-11 southeast corner of the aforesaid tract described in Clerk's File
32-12 No. F070767;
32-13 THENCE westerly along the south line of said tract described
32-14 in Clerk's File No. F070767, and continuing along the south line of
32-15 aforesaid Lots 1 thru 7, respectively, of Block 7 of MARIAN
32-16 SUBDIVISION, to a point for corner, on the east line of Revere
32-17 Street;
32-18 THENCE northerly along the east line of Revere Street to the
32-19 POINT OF BEGINNING, "save and except" any land contained within Lot
32-20 12, Block 3 of aforesaid COLQUITT COURT.
32-21 (31) TRACT THIRTY-ONE:
32-22 A tract of land being part of and out Block 4 of MARIAN
32-23 SUBDIVISION, according to the map or plat thereof recorded in
32-24 Volume 292, Page 520 of the Harris County Deed Records, said tract
32-25 being more particularly described as follows:
33-1 BEGINNING at the intersection of the south line of Portsmouth
33-2 Avenue with the east line of Park Street;
33-3 THENCE easterly along the south line of Portsmouth Avenue to
33-4 the intersection of the west line of Revere Street with the south
33-5 line of Portsmouth Avenue;
33-6 THENCE southerly along the west line of Revere Street to the
33-7 intersection of the north line Norfolk Street with the west line of
33-8 Revere Street;
33-9 THENCE westerly along the north line of Norfolk Street to the
33-10 intersection of the east line of Park Street with the north line of
33-11 Norfolk Street;
33-12 THENCE northerly along the east line of Park Street to the
33-13 POINT OF BEGINNING.
33-14 (32) TRACT THIRTY-TWO:
33-15 A tract of land being part of and out of Block 3 of MARIAN
33-16 SUBDIVISION, according to the map or plat thereof recorded in
33-17 Volume 292, Page 520 of the Harris County Deed Records, said tract
33-18 being more particularly described as follows:
33-19 BEGINNING at the intersection of the existing east line of
33-20 Kirby Drive with the south line of Portsmouth Avenue;
33-21 THENCE easterly along the south line of Portsmouth Avenue to
33-22 the intersection of the west line of Park Street with the south
33-23 line of Portsmouth Avenue;
33-24 THENCE southerly along the west line of Park Street to the
33-25 intersection of the north line of Norfolk Street with the west line
34-1 of Park Street;
34-2 THENCE westerly along the north line of Norfolk Street to the
34-3 intersection of the existing east line of Kirby Drive with the
34-4 north line of Norfolk Street;
34-5 THENCE northerly along the existing east line of Kirby Drive
34-6 to the POINT OF BEGINNING.
34-7 (33) TRACT THIRTY-THREE:
34-8 A tract of land being various acreage tracts, and also being
34-9 part of and out of Plots No. 1 and No. 4 of GREENBRIAR COURT, a
34-10 subdivision of land according to the map or plat thereof recorded
34-11 in Volume 24, Page 54 of the Harris County Map Records, said tract
34-12 being more particularly described as follows:
34-13 BEGINNING at the intersection of the existing northerly line
34-14 of U.S. Highway 59 South with the existing westerly line for
34-15 Greenbriar Drive;
34-16 THENCE westerly along the existing northerly line of U.S.
34-17 Highway 59 South, approximately 25 feet to an angle point;
34-18 THENCE southwesterly continuing along the existing northerly
34-19 line of U.S. Highway 59 South, approximately 393.51 feet to an
34-20 angle point;
34-21 THENCE westerly continuing along the existing northerly line
34-22 of U.S. Highway 59 South, approximately 265.3 feet to the
34-23 intersection of the east line of Morningside Drive with the
34-24 existing northerly line of U.S. Highway 59 South;
34-25 THENCE northerly along the east line of Morningside Drive,
35-1 approximately 325.65 feet to the northwest corner of the herein
35-2 described tract, same being the southwest corner of NORFOLK COURT,
35-3 a subdivision of land according to the map or plat thereof recorded
35-4 in Volume 46, Page 66 of the Harris County Map Records;
35-5 THENCE easterly along the south line of said NORFOLK COURT to
35-6 the southeast corner of said NORFOLK COURT, same being the
35-7 southwest corner of aforesaid GREENBRIAR COURT;
35-8 THENCE northerly along the west line of GREENBRIAR COURT to
35-9 the northwest corner of aforesaid Plot No. 1 of GREENBRIAR COURT,
35-10 on the southerly line of Norfolk Street;
35-11 THENCE easterly along the various courses of the southerly
35-12 line of Norfolk Street to the intersection of the existing west
35-13 line of Greenbriar Drive with the southerly line of Norfolk Street;
35-14 THENCE southerly along the existing west line of Greenbriar
35-15 Drive to the POINT OF BEGINNING.
35-16 (34) TRACT THIRTY-FOUR:
35-17 A tract of land being comprised of various acreage tracts and
35-18 being part of and out of GRETNA COURTS, a subdivision of land
35-19 according to the map or plat recorded in Volume 34, Page 45 of the
35-20 Harris County Map Records, and also being part of and out of Lots 1
35-21 thru 6, Block 5, and Lots 1 thru 6, Block 6, and Reserve A, lying
35-22 between said Blocks 5 and 6, of MARIAN ADDITION, a subdivision of
35-23 land according to the map or plat thereof recorded in Volume 292,
35-24 Page 520 of the Harris County Deed Records, and also being a
35-25 Reserve tract lying between Block 6 and 9 of said MARIAN ADDITION
36-1 as cited in Clerk's File No. L992707 of the Harris County Clerk's
36-2 Official Public Records of Real Property, said tract being more
36-3 particularly described as follows:
36-4 BEGINNING at the intersection of the existing east line of
36-5 Kirby Drive with the existing northerly line of U.S. Highway 59
36-6 South;
36-7 THENCE northerly along the existing east line of Kirby Drive
36-8 to the intersection of the south line of Norfolk Street with the
36-9 existing east line of Kirby Drive;
36-10 THENCE easterly along the south line of Norfolk Street to the
36-11 northeast corner of said Reserve tract lying between Blocks 6 and 9
36-12 of MARIAN ADDITION as cited in Clerk's File No. L992707;
36-13 THENCE southerly along the east line of said Reserve tract as
36-14 cited in Clerk's File No. L992707 to the southeast corner of said
36-15 Reserve tract, on the south line of said MARIAN ADDITION;
36-16 THENCE easterly along the south line of said MARIAN
36-17 SUBDIVISION to the intersection of the west line of Morningside
36-18 Drive with the south line of said MARIAN SUBDIVISION;
36-19 THENCE southerly along the west line of Morningside Drive to
36-20 the intersection of existing northerly line of U.S. Highway 59
36-21 South with the west line of Morningside Drive;
36-22 THENCE westerly along the existing northerly line of U.S.
36-23 Highway 59 South to the POINT OF BEGINNING, "save and except" all
36-24 public streets and rights-of-way including Algerian Way and Lomitas
36-25 Avenue.
37-1 (35) TRACT THIRTY-FIVE:
37-2 A tract of land being comprised of various acreage tracts,
37-3 and also being part of and out of CHATHAM PLACE ADDITION, a
37-4 subdivision of land according to the map or plat thereof recorded
37-5 in Volume 31, Page 30 of the Harris County Map Records, and also
37-6 being part of and out of a Partial Re-plat of 0.8639 Acres out of
37-7 WOODMONT ADDITION BLOCK 1, a subdivision of land according to the
37-8 map or plat thereof recorded in Volume 214, Page 77 of the Harris
37-9 County Map Records, said tract being more particularly described as
37-10 follows:
37-11 BEGINNING at the intersection of the existing northerly line
37-12 of U.S. Highway 59 South with the existing westerly line of Kirby
37-13 Drive;
37-14 THENCE westerly along the existing northerly line of U.S.
37-15 Highway 59 South, at approximately 568.8 feet pass the east line of
37-16 Virginia Street, and continuing to the intersection of the east
37-17 line of Wakeforest Street with the existing northerly line of U.S.
37-18 Highway 59 South;
37-19 THENCE northerly along the east line of Wakeforest Street to
37-20 the intersection of the south line of Lexington Street with the
37-21 east line of Wakeforest Street;
37-22 THENCE easterly along the south line of Lexington Street to
37-23 the intersection of the east line of the aforesaid Virginia Street,
37-24 same being the east termination line of said Lexington Street, with
37-25 the south line of Lexington Street;
38-1 THENCE northerly along the east termination line of said
38-2 Lexington Street, passing the northerly point of the east
38-3 termination line, same being the most southerly southeast corner of
38-4 the MADISON PLACE TOWNHOUSE SUBDIVISION according to the map or
38-5 plat thereof recorded in Clerk's Film Code NO. 150-31-0193 in the
38-6 Harris County Clerk's Official Public Records of Real Property, and
38-7 continuing along an easterly line of said MADISON PLACE TOWNHOUSE
38-8 SUBDIVISION to a re-entrant corner of subdivision;
38-9 THENCE easterly along the south line of said MADISON PLACE
38-10 TOWNHOUSE SUBDIVISION to the most southerly southeast corner of
38-11 said subdivision, same being the southwest corner of aforesaid
38-12 Partial Re-plat of 0.8639 Acres out of WOODMONT ADDITION BLOCK 1;
38-13 THENCE northerly along the most easterly line of said MADISON
38-14 PLACE TOWNHOUSE SUBDIVISION, same being the west line of said
38-15 Partial Re-plat of 0.8639 Acres out of WOODMONT ADDITION BLOCK 1,
38-16 to the intersection of the south line of Norfolk Street with the
38-17 west line of Lake Street;
38-18 THENCE easterly along the south line of Norfolk Street to the
38-19 intersection of a cutback line for Kirby Drive with the south line
38-20 of Norfolk Street;
38-21 THENCE southerly along the existing line of Kirby Drive to an
38-22 angle point;
38-23 THENCE southwesterly continuing along the existing line of
38-24 Kirby Drive, approximately 70.30 feet to the POINT OF BEGINNING,
38-25 "save and except" all public streets and rights-of-way contained
39-1 therein including Virginia Street.
39-2 (36) TRACT THIRTY-SIX:
39-3 A tract of land being comprised of various acreage tracts,
39-4 said tract being more particularly described as follows:
39-5 BEGINNING at the intersection of the existing southerly line
39-6 of U.S. Highway 59 South with the easterly line of Buffalo
39-7 Speedway;
39-8 THENCE easterly along the existing southerly line of U.S.
39-9 Highway 59 South, approximately 464.12 feet to the northwest corner
39-10 of LEMANS TOWNHOME CONDOMINIUMS, a subdivision according to the map
39-11 or plat thereof recorded in Volume 104, Page 118 of the Harris
39-12 County Condominium Records;
39-13 THENCE southerly along the west line of said LEMANS TOWNHOME
39-14 CONDOMINIUMS to the southwest corner of said LEMANS TOWNHOME
39-15 CONDOMINIUMS, on the northerly line of a Houston Lighting & Power
39-16 Company (HL&P) fee strip;
39-17 THENCE southwesterly along the northerly line of said HL&P
39-18 fee strip to the intersection of the easterly line of Buffalo
39-19 Speedway with the northerly line of said HL&P fee strip;
39-20 THENCE northerly along the easterly line of Buffalo Speedway,
39-21 approximately 209 feet to an angle point;
39-22 THENCE northeasterly continuing along the easterly line of
39-23 Buffalo Speedway, approximately 73.35 feet to the POINT OF
39-24 BEGINNING.
39-25 (37) TRACT THIRTY-SEVEN:
40-1 A tract of land being comprised of various acreage tracts,
40-2 said tract being more particularly described as follows:
40-3 BEGINNING at the northwest corner of the Houston Lighting &
40-4 Power Company (HL&P) Kirby Substation in the southerly line of U.S.
40-5 Highway 59;
40-6 THENCE southerly along the west line of said HL&P Kirby
40-7 Substation, approximately 365 feet to the intersection of the
40-8 westerly line of said HL&P Kirby Substation with the northerly line
40-9 of an HL&P fee strip;
40-10 THENCE southwesterly along the northerly line of said HL&P
40-11 fee strip, approximately 713 feet to the southeast corner of the
40-12 LEMANS TOWNHOME CONDOMINIUMS, a subdivision of land according to
40-13 the map or plat thereof recorded in Volume 104, Page 118 of the
40-14 Harris County Condominium Records;
40-15 THENCE northerly along the east line of said LEMANS TOWNHOME
40-16 CONDOMINIUMS to the northeast corner of said LEMANS TOWNHOME
40-17 CONDOMINIUMS, on the existing southerly line of U.S. Highway 59
40-18 South;
40-19 THENCE easterly along the various courses of the existing
40-20 southerly line of U.S. Highway 59 South to the POINT OF BEGINNING.
40-21 (38) TRACT THIRTY-EIGHT:
40-22 A tract of land being comprised of various acreage tracts,
40-23 said tract being more particularly described as follows:
40-24 BEGINNING at the intersection of the existing southerly line
40-25 of U.S. Highway 59 South with the existing westerly line of Kirby
41-1 Drive;
41-2 THENCE southeasterly along the existing westerly line of
41-3 Kirby Drive, approximately 70.67 feet to an angle point;
41-4 THENCE southerly continuing along the existing westerly line
41-5 of Kirby Drive, approximately 188.97 feet to the intersection of
41-6 the northerly line of a Houston Lighting & Power Company (HL&P) fee
41-7 strip with the existing west line of Kirby Drive;
41-8 THENCE southwesterly along the northerly line of said HL&P
41-9 fee strip to the intersection of the east line of Wakeforest Street
41-10 with the northerly line of said HL&P fee strip;
41-11 THENCE northerly along the east line of Wakeforest Street,
41-12 approximately 348.89 feet to the intersection of the existing
41-13 southerly line of U.S. Highway 59 South with the east line of
41-14 Wakeforest Street;
41-15 THENCE easterly along the courses of the existing southerly
41-16 line of U.S. Highway 59 South to the POINT OF BEGINNING.
41-17 (39) TRACT THIRTY-NINE:
41-18 A tract of land being comprised of several acreage tracts and
41-19 also all of SOUTHEAST KIRBY/59, a subdivision of land according to
41-20 the map or plat thereof recorded in Volume 346, Page 46 of the
41-21 Harris County Map Records, said tract being more particularly
41-22 described as follows:
41-23 BEGINNING at the intersection of the existing southerly line
41-24 of U.S. Highway 59 South with the existing easterly line of Kirby
41-25 Drive, same being the northwest corner of said SOUTHEAST KIRBY/59;
42-1 THENCE easterly along the courses of the existing southerly
42-2 line of U.S. Highway 59 South, approximately 1,677.41 feet to an
42-3 angle point;
42-4 THENCE southeasterly along a cutback line at the southwest
42-5 corner of said U.S. Highway 59 South and Greenbriar Drive,
42-6 approximately 68.54 feet to the southerly termination point of said
42-7 cutback line, on the existing west line of Greenbriar Drive;
42-8 THENCE southerly along the existing west line of Greenbriar
42-9 Drive, approximately 118.61 feet to a point for corner;
42-10 THENCE southwesterly along the northerly line of a Houston
42-11 Lighting & Power Company (HL&P) fee strip, approximately 1,110.83
42-12 feet to a point for corner, being a re-entrant corner in said HL&P
42-13 fee strip;
42-14 THENCE northerly along said HL&P fee strip to the southeast
42-15 corner of aforesaid SOUTHEAST KIRBY/59;
42-16 THENCE southwesterly along the southerly line of said
42-17 SOUTHEAST KIRBY/59, same being the northerly line of said HL&P fee
42-18 strip, approximately 653.22 feet to the intersection of the
42-19 existing east line of Kirby Drive with the northerly line of said
42-20 HL&P fee strip, same being the southwest corner of said SOUTHEAST
42-21 KIRBY/59;
42-22 THENCE northerly along the courses of the existing east line
42-23 of Kirby Drive, for an approximate total distance of 240.14 feet to
42-24 the POINT OF BEGINNING.
42-25 (40) TRACT FORTY:
43-1 A tract of land being comprised of various acreage tracts,
43-2 said tract being more particularly described as follows:
43-3 BEGINNING at the intersection of the north line of MELLON
43-4 SUBDIVISION according to the map or plat thereof recorded in Volume
43-5 572, Page 276 of the Harris County Deed Records with the existing
43-6 east line of Kirby Drive;
43-7 THENCE northerly along the existing east line of Kirby Drive,
43-8 approximately 362.7 feet to a point for corner;
43-9 THENCE northeasterly along the southerly line of a Houston
43-10 Lighting & Power Company (HL&P) fee strip, approximately 675.31
43-11 feet to a point for corner;
43-12 THENCE northerly, continuing along the southerly line of said
43-13 HL&P fee strip for a distance of 29.58 feet to a point for corner;
43-14 THENCE northeasterly, continuing along the southerly line of
43-15 said HL&P fee strip, approximately 1,113.43 feet to a point for
43-16 corner, on the existing west line of Greenbriar Drive;
43-17 THENCE southerly along the west line of Greenbriar Drive,
43-18 approximately 502.10 feet to the intersection of the north line of
43-19 Block 1 of GREENBRIAR SUBDIVISION, according to the map or plat
43-20 thereof recorded in Volume 998, Page 411 of the Harris County Deed
43-21 Records with the west line of Greenbriar Drive;
43-22 THENCE westerly along the north line of said Block 1 to the
43-23 northwest corner of said GREENBRIAR SUBDIVISION;
43-24 THENCE southerly along the west line of said GREENBRIAR
43-25 SUBDIVISION, to the northeast corner of Lot 11, Block 2 of
44-1 aforesaid MELLON SUBDIVISION;
44-2 THENCE westerly along the north line of said MELLON
44-3 SUBDIVISION to the POINT OF BEGINNING.
44-4 (41) TRACT FORTY-ONE:
44-5 A tract of land being part of and out of Block 1 of MELLON
44-6 SUBDIVISION, according to the map or plat thereof recorded in
44-7 Volume 572, Page 276 of the Harris County Deed Records, said tract
44-8 being more particularly described by metes and bounds as follows:
44-9 BEGINNING at the intersection of the north line of said
44-10 MELLON SUBDIVISION with the existing east line of Kirby Drive;
44-11 THENCE easterly along the north line of said MELLON
44-12 SUBDIVISION to the northeast corner of Lot 10, Block 1 of said
44-13 MELLON SUBDIVISION;
44-14 THENCE southerly along the east line of said Lot 10 to the
44-15 southeast corner of said Lot 10, on the north line of North
44-16 Boulevard;
44-17 THENCE westerly along the north line of North Boulevard to
44-18 the intersection of the existing east line of Kirby Drive with the
44-19 north line of North Boulevard;
44-20 THENCE northerly along the existing line of Kirby Drive to
44-21 the POINT OF BEGINNING.
44-22 (42) TRACT FORTY-TWO:
44-23 A tract of land being part of and out of Block 3 of MELLON
44-24 SUBDIVISION, according to the map or plat thereof recorded in
44-25 Volume 572, Page 276 of the Harris County Deed Records, said tract
45-1 being more particularly described as follows:
45-2 BEGINNING at the intersection of the existing east line of
45-3 Kirby Drive with the south line of North Boulevard;
45-4 THENCE easterly along the south line of North Boulevard to
45-5 the intersection of the west line of Mellon Street with the south
45-6 line of North Boulevard;
45-7 THENCE southerly along the west line of Mellon Street to the
45-8 intersection of the north line of Bartlett Avenue with the west
45-9 line of Mellon Street;
45-10 THENCE westerly along the north line of Bartlett Avenue to
45-11 the intersection of the existing east line of Kirby Drive with the
45-12 north line of Bartlett Avenue;
45-13 THENCE northerly along the existing east line of Kirby Drive
45-14 to the POINT OF BEGINNING.
45-15 (43) TRACT FORTY-THREE:
45-16 A tract of land being part of and out of Block 5 of MELLON
45-17 SUBDIVISION, according to the map or plat thereof recorded in
45-18 Volume 572, Page 276 of the Harris County Deed Records, and being
45-19 part of and out of Block 1 of MONONA COURT, a subdivision of land
45-20 according to the map or plat thereof recorded in Volume 7, Page 69
45-21 of the Harris County Map Records, said tract being more
45-22 particularly described as follows:
45-23 BEGINNING at the intersection of the existing east line of
45-24 Kirby Drive with the south line of Bartlett Avenue;
45-25 THENCE easterly along the south line of Bartlett Avenue to
46-1 the Northeast corner of Lot 10, Block 5 of said MELLON SUBDIVISION;
46-2 THENCE southerly along the east line of said Lot 10, Block 5
46-3 of MELLON SUBDIVISION to the southeast corner of said Lot 10, Block
46-4 5 of MELLON SUBDIVISION, and continuing across a reserve or strip
46-5 of land lying between said MELLON SUBDIVISION and MONONA COURT, a
46-6 subdivision of land according to the map or plat recorded in Volume
46-7 7, Page 69 of the Harris County Map Records, to the northeast
46-8 corner of Lot 10, Block 1 of said MONONA COURT;
46-9 THENCE southerly along the east line of said Lot 10, Block 1
46-10 of MONONA COURT, to the southeast corner of said Lot 10, Block 1 of
46-11 MONONA COURT, on the north line of South Boulevard;
46-12 THENCE westerly along the north line of South Boulevard to
46-13 the intersection of the existing east line of Kirby Drive with the
46-14 north line of South Boulevard;
46-15 THENCE northerly along the existing east line of Kirby Drive
46-16 to the POINT OF BEGINNING, "save and except" all public streets or
46-17 rights-of-way or drainage ways contained therein.
46-18 (44) TRACT FORTY-FOUR:
46-19 A tract of land being part of and out of Block 2 of MONONA
46-20 COURT, a subdivision of land according to the map or plat thereof
46-21 recorded in Volume 7, Page 69 of the Harris County Map Records,
46-22 said tract being more particularly described as follows:
46-23 BEGINNING at the intersection of the existing east line of
46-24 Kirby Drive with the south line of South Boulevard;
46-25 THENCE easterly along the south line of South Boulevard to
47-1 the northeast corner of Lot 19 of said Block 2;
47-2 THENCE southerly along the east line of said Lot 19, and the
47-3 east line of Lot 20, respectively, to the southeast corner of said
47-4 Lot 20, on the north line of Bissonnet Avenue;
47-5 THENCE westerly along the north line of Bissonnet Avenue to
47-6 the intersection of the existing east line of Kirby Drive with the
47-7 north line of Bissonnet Avenue;
47-8 THENCE northerly along the existing east line of Kirby Drive
47-9 to the POINT OF BEGINNING.
47-10 (45) TRACT FORTY-FIVE:
47-11 A tract of land being comprised of two acreage tracts, said
47-12 tract being more particularly described as follows:
47-13 BEGINNING at the intersection of the existing west line of
47-14 Kirby Drive with the north line of Milford Street;
47-15 THENCE westerly along the north line of Milford Street,
47-16 approximately 713.27 feet to a point for corner;
47-17 THENCE northerly along the east line of Milford Street,
47-18 approximately 149.9 feet to a point for corner;
47-19 THENCE northeasterly along the southerly line of a Houston
47-20 Lighting & Power Company (HL&P) fee strip, approximately 723.5 feet
47-21 to a point for corner, on the existing west line of Kirby Drive;
47-22 THENCE southerly along the existing west line of Kirby Drive,
47-23 approximately 200.9 feet to the POINT OF BEGINNING.
47-24 (46) TRACT FORTY-SIX:
47-25 A tract of land being comprised of various acreage tracts,
48-1 said tract being more particularly described as follows:
48-2 BEGINNING at the intersection of the existing west line of
48-3 Kirby Drive with the southerly line of Milford Street;
48-4 THENCE southerly along the existing west line of Kirby Drive,
48-5 approximately 250 feet to the intersection of the north line of
48-6 North Boulevard with the existing west line of Kirby Drive;
48-7 THENCE westerly along the north line of North Boulevard,
48-8 approximately 200 feet to the southeast corner of KIRBY PLACE U/R
48-9 tract as described in Clerk's File No. J827892 of the Harris County
48-10 Clerk's Official Public Records of Real Property;
48-11 THENCE northerly along the east line of said KIRBY PLACE U/R
48-12 tract to the northeast corner of said KIRBY PLACE U/R tract;
48-13 THENCE westerly along the northerly line of said KIRBY PLACE
48-14 U/R tract to the northwest corner of said KIRBY PLACE U/R tract, on
48-15 the east line of Dincans Street;
48-16 THENCE northerly along the east line of Dincans Street to the
48-17 intersection of the south line of Milford Street with the east line
48-18 of Dincans Street;
48-19 THENCE easterly along the south line of Milford Street,
48-20 approximately 537.8 feet to an angle point;
48-21 THENCE southeasterly continuing along a cutback in the
48-22 southerly line of Milford Street to the POINT OF BEGINNING.
48-23 (47) TRACT FORTY-SEVEN:
48-24 A tract of land being comprised of various acreage tracts,
48-25 said tract being more particularly described as follows:
49-1 BEGINNING at the intersection of the existing west line of
49-2 Kirby Drive with the south line of North Boulevard;
49-3 THENCE southerly along the existing west line of Kirby Drive,
49-4 approximately 730 feet to the intersection of the existing north
49-5 line of Bissonnet Avenue with the existing west line of Kirby
49-6 Drive;
49-7 THENCE westerly along the existing north line of Bissonnet
49-8 Avenue to the intersection of the east line of Dincans Street with
49-9 the existing north line of Bissonnet Avenue;
49-10 THENCE northerly along the east line of Dincans Street,
49-11 approximately 730 feet to the intersection of the south line of
49-12 North Boulevard with the east line of Dincans Street;
49-13 THENCE easterly along the south line of North Boulevard,
49-14 approximately 561 feet to the POINT OF BEGINNING.
49-15 (48) TRACT FORTY-EIGHT:
49-16 A tract of land being comprised of various acreage tracts,
49-17 said tract being more particularly described as follows:
49-18 BEGINNING at the intersection of the existing north line of
49-19 Bissonnet Avenue with the west line of Dincans Street;
49-20 THENCE westerly along the existing north line of Bissonnet
49-21 Avenue to the intersection of the east line of Wakeforest Street
49-22 with the existing north line of Bissonnet Avenue;
49-23 THENCE northerly along the east line of Wakeforest Street to
49-24 the intersection of the southerly line of Westpark Drive with the
49-25 east line of Wakeforest Street;
50-1 THENCE northeasterly along the southerly line of Westpark
50-2 Drive to the intersection of west line of Milford Street with the
50-3 southerly line of Westpark Drive;
50-4 THENCE southerly along the west line of Milford Street,
50-5 approximately 131.04 feet to a re-entrant corner of said Milford
50-6 Street;
50-7 THENCE easterly along the south line of Milford Street,
50-8 approximately 141.38 feet to the intersection of the west line of
50-9 Dincans Street with the south line of Milford Street;
50-10 THENCE southerly along the west line of Dincans Street to the
50-11 POINT OF BEGINNING.
50-12 (49) TRACT FORTY-NINE:
50-13 A tract of land being comprised of several acreage tracts,
50-14 and also being part of and out of BISSONNET CENTER, SECTION THREE
50-15 (3), a subdivision of land according to he map or plat thereof
50-16 recorded in Volume 43, Page 75 of the Harris County Map Records,
50-17 said tract being more particularly described as follows:
50-18 BEGINNING at the intersection of the existing north line of
50-19 Bissonnet Avenue with the west line of Wakeforest Street;
50-20 THENCE westerly along the existing north line of Bissonnet
50-21 Avenue, at approximately 798.45 feet pass the east line of Belmont
50-22 Street, and continuing across Belmont Street to the intersection of
50-23 the east line of Buffalo Speedway with the existing north line of
50-24 Bissonnet Avenue;
50-25 THENCE northerly along the east line of Buffalo Speedway, at
51-1 approximately 745.6 feet pass the south line of Purdue Street, and
51-2 continuing across Purdue Street, along and with the existing east
51-3 line of Buffalo Speedway to the intersection of the southerly line
51-4 of Westpark Drive with the existing east line of Buffalo Speedway;
51-5 THENCE northeasterly along the southerly line of Westpark
51-6 Drive to the intersection of the west line of Wakeforest Street
51-7 with the southerly line of Westpark Drive;
51-8 THENCE southerly along the west line of Wakeforest Street,
51-9 approximately 1,307.6 feet to the POINT OF BEGINNING, "save and
51-10 except" all public streets and rights-of-way included therein
51-11 including Purdue Street, Belmont Street and South Boulevard.
51-12 (50) TRACT FIFTY:
51-13 A tract of land being part of and out of Block 11 of E.C.
51-14 CRAWFORD ADDITION, a subdivision of land according to the map or
51-15 plat thereof recorded in Volume 2, Page 12 of the Harris County Map
51-16 Records, in Houston, Harris County, Texas; said tract being more
51-17 particularly described as follows:
51-18 BEGINNING at the intersection of the southerly line of
51-19 Westheimer Road with the easterly line of Bammel Lane;
51-20 THENCE, easterly along the southerly line of Westheimer Road
51-21 to the intersection of the southerly line of Westheimer Road with
51-22 the westerly line of Sackett Avenue;
51-23 THENCE, southerly along the westerly line of Sackett Avenue
51-24 to the intersection of the westerly line of Sackett Avenue with the
51-25 northerly line of Earl Street;
52-1 THENCE, westerly along the northerly line of Earl Street to
52-2 the intersection of the northerly line of Earl Street with the
52-3 easterly line of Bammel Lane;
52-4 THENCE, northerly along the easterly line of Bammel Lane to
52-5 the POINT OF BEGINNING.
52-6 (51) TRACT FIFTY-ONE:
52-7 A tract of land being part of and out of Block 19 of E.C.
52-8 CRAWFORD ADDITION, a subdivision of land according to the map or
52-9 plat thereof recorded in Volume 2, Page 12 of the Harris County Map
52-10 Records, in Houston, Harris County, Texas; said tract being more
52-11 particularly described as follows:
52-12 BEGINNING at the intersection of the southerly line of
52-13 Westheimer Road with the easterly line of Sackett Avenue;
52-14 THENCE, easterly along the southerly line of Westheimer Road
52-15 to a point in the easterly line of said Block 19;
52-16 THENCE, southerly along the easterly line of said Block 19 to
52-17 the Southeast corner of Lot 8 of said Block 19,
52-18 THENCE, westerly along the southerly line of said Lot 8 to
52-19 the Southwest corner of said Lot 8, on the easterly line of Sackett
52-20 Avenue;
52-21 THENCE, northerly along the easterly line of Sackett Avenue
52-22 to the POINT OF BEGINNING.
52-23 (52) TRACT FIFTY-TWO:
52-24 A tract of land being part of and out Block No. Six (6) of
52-25 KERR'S FERNDALE ANNEX, subdivision of land according to the map or
53-1 plat thereof recorded in Volume 12, Page 55 of the Harris County
53-2 Map Records, in Houston, Harris County, Texas; said tract being
53-3 more particularly described as follows:
53-4 BEGINNING at the intersection of the southerly line of
53-5 Westheimer Road with the westerly line of Virginia Street;
53-6 THENCE, southerly along the westerly line of Virginia Street
53-7 to a point for corner, on the common line of said Block 6 and Block
53-8 1, of KERR'S FERNDALE ANNEX;
53-9 THENCE, westerly along the common line of said Blocks 6 and
53-10 1, to the Northwest corner of Lot 12 of said Block 6;
53-11 THENCE, northerly along the general rear lines of lots in
53-12 said Block 6, to the Northeast corner of Lot 5 of said Block 6;
53-13 THENCE, westerly along the northerly line of said Lot 5 to a
53-14 point for corner, on the easterly line of a street known as
53-15 Ferndale Place;
53-16 THENCE, northerly along the easterly line of said street
53-17 known as Ferndale Place to the intersection of the southerly line
53-18 of Westheimer Road with the said easterly line of Ferndale Place;
53-19 THENCE, easterly along the southerly line of Westheimer Road
53-20 to the POINT OF BEGINNING.
53-21 (53) TRACT FIFTY-THREE:
53-22 A tract of land being Block 12 of E.C. CRAWFORD ADDITION, a
53-23 subdivision of land according to the map or plat thereof recorded
53-24 in Volume 2, Page 12 of the Harris County Map Records, in Houston,
53-25 Harris County, Texas; said tract being more particularly described
54-1 as follows:
54-2 BEGINNING at the intersection of the southerly line of Earl
54-3 Street with the easterly line of Bammel Lane;
54-4 THENCE, easterly along the southerly line of Earl Street to
54-5 the intersection of the southerly line of Earl Street with the
54-6 westerly line of Sackett Avenue;
54-7 THENCE, southerly along the westerly line of Sackett Avenue
54-8 to the intersection of the westerly line of Sackett Avenue with the
54-9 northerly line of Philfall Street;
54-10 THENCE, westerly along the northerly line of Philfall Street
54-11 to the intersection of the northerly line of Philfall Street with
54-12 the easterly line of Bammel Lane;
54-13 THENCE, northerly along the northerly line of Bammel Lane to
54-14 the POINT OF BEGINNING.
54-15 (54) TRACT FIFTY-FOUR:
54-16 A tract of land being part of and out of Block 19 of E.C.
54-17 CRAWFORD ADDITION, a subdivision of land according to the map or
54-18 plat thereof recorded in Volume 2, Page 12 of the Harris County Map
54-19 Records, in Houston, Harris County, Texas; said tract being more
54-20 particularly described as follows:
54-21 BEGINNING at the Northwest corner of that certain 0.7633 Acre
54-22 Tract described in Clerk's File No. K951753 of the Official Public
54-23 Records of Real Property of Harris County, Texas, on the easterly
54-24 line of Sackett Avenue, same being the westerly line of said Block
54-25 19;
55-1 THENCE, easterly along the northerly line of said 0.7633 Acre
55-2 Tract to a point for corner, on the easterly line of said Block 19;
55-3 THENCE, southerly along the easterly line of said Block 19 to
55-4 the a point for corner, on the northerly line of West Alabama
55-5 Street;
55-6 THENCE, westerly along the northerly line of West Alabama
55-7 Street to the intersection of the northerly line of West Alabama
55-8 Street with the easterly line of Sackett Avenue;
55-9 THENCE, northerly along the easterly line of Sackett Avenue
55-10 to the POINT OF BEGINNING.
55-11 (55) TRACT FIFTY-FIVE:
55-12 A tract of land being that same tract of land described in
55-13 Clerk's File N-014253 of the Official Public Records of Real
55-14 Property of Harris County, Texas, same being part of and out of
55-15 Block 6 of E.C. CRAWFORD ADDITION, a subdivision of land according
55-16 to the map or plat thereof recorded in Volume 2, Page 12 of the
55-17 Harris County Map Records, in Houston, Harris County, Texas; said
55-18 tract being more particularly described as follows:
55-19 BEGINNING at the intersection of the westerly line of Bammel
55-20 Lane with the northerly line of West Alabama Street;
55-21 THENCE, westerly along the northerly line of West Alabama
55-22 Street to the intersection of the northerly line of West Alabama
55-23 Street with the easterly line of Eastside Avenue;
55-24 THENCE, northerly, a called distance of 295 feet, along the
55-25 easterly line of Eastside Avenue to the Northwest corner of said
56-1 tract described in Clerk's File N-014253;
56-2 THENCE, easterly along the northerly line of said tract
56-3 described in Clerk's File N-014253 to the Northeast corner of said
56-4 tract described in Clerk's File N-014253, on the westerly line of
56-5 Bammel Lane;
56-6 THENCE, sourtherly along the westerly line of Bammel Lane to
56-7 the POINT OF BEGINNING.
56-8 (56) TRACT FIFTY-SIX:
56-9 A tract of land being known as Block One (1) of MAYFAIR
56-10 ADDITION, FIRST SECTION, a subdivision of land according to the map
56-11 or plat thereof recorded in Volume 998, Page 144 of the Harris
56-12 County Deed Records, in Houston, Harris County, Texas; said tract
56-13 being more particularly described as follows:
56-14 BEGINNING at the intersection of the southerly line of West
56-15 Alabama Street with the westerly line of Audley Street;
56-16 THENCE, southerly along the westerly line of Audley Street to
56-17 the intersection of the westerly line of Audley Street with the
56-18 northerly line of Sul Ross Avenue;
56-19 THENCE, westerly along the northerly line of Sul Ross Avenue
56-20 to the Southwest corner of said Block 1;
56-21 THENCE, northerly along the westerly line of said Block 1 to
56-22 the intersection of the westerly line of said Block 1 with the
56-23 southerly line of West Alabama Street;
56-24 THENCE, easterly along the southerly line of West Alabama
56-25 Street to the POINT OF BEGINNING.
57-1 (57) TRACT FIFTY-SEVEN:
57-2 A tract of land being comprised of a tract known as Block 2
57-3 of MAYFAIR ADDITION, FIRST SECTION, a subdivision of land according
57-4 to the map or plat thereof recorded in Volume 998, Page 144 of the
57-5 Harris County Deed Records, and an adjoining tract of land being
57-6 all of Lots 4, 5, 6 and 7 of Block 2 of E.C. CRAWFORD ADDITION, a
57-7 subdivision of land according to the map or plat thereof recorded
57-8 in Volume 2, Page 12 of the Harris County Map Records, in Houston,
57-9 Harris County, Texas; said tract being more particularly described
57-10 as follows:
57-11 BEGINNING at the intersection of the southerly line of West
57-12 Alabama Street with the easterly line of Audley Street;
57-13 THENCE, easterly along the southerly line of West Alabama
57-14 Street to a point for corner, on the east line of said Block 2 of
57-15 MAYFAIR ADDITION, FIRST SECTION;
57-16 THENCE, southerly along the common line of said MAYFAIR
57-17 ADDITION, FIRST SECTION and said E.C. CRAWFORD ADDITION to the
57-18 Northwest corner of Lot 4 of said Block 2 of E.C. CRAWFORD
57-19 ADDITION;
57-20 THENCE, easterly along the north line of said Lot 4 to a
57-21 point for corner, on the westerly line of Eastside Avenue;
57-22 THENCE, southerly along the westerly line of Eastside Avenue
57-23 to a point for corner, on the southerly line of Lot 7 of said Block
57-24 2 of E.C. CRAWFORD ADDITION;
57-25 THENCE, westerly along the southerly line of said Lot 7 to
58-1 the Southwest corner of said Lot 7;
58-2 THENCE, northerly along the westerly line of said E.C.
58-3 CRAWFORD ADDITION to the Southeast corner of Block 2 of aforesaid
58-4 MAYFAIR ADDITION, FIRST SECTION;
58-5 THENCE, westerly along the southerly line of said Block 2 of
58-6 MAYFAIR ADDITION, FIRST SECTION to the Southwest corner of said
58-7 Block 2, on the easterly line of Audley Street;
58-8 THENCE, northerly along the easterly line of Audley Street to
58-9 the POINT OF BEGINNING.
58-10 (58) TRACT FIFTY-EIGHT:
58-11 A tract of land being known as Lots 10 through 24, inclusive,
58-12 Block 2, and a strip of land adjoining the east line of portion of
58-13 said lots, in the E.C. CRAWFORD ADDITION, a subdivision of land
58-14 according to the map or plat thereof recorded in Volume 2, Page 12
58-15 of the Harris County Map Records, in Houston, Harris County, Texas;
58-16 said tract being more particularly described as follows:
58-17 BEGINNING at the Northwest corner of said Lot 10 of Block 2;
58-18 THENCE, easterly along the northerly line of said Lot 10 to
58-19 the Northeast corner of said Lot 10, on the westerly line of
58-20 Eastside Avenue;
58-21 THENCE, southerly along the existing westerly line of
58-22 Eastside Avenue to the intersection of the projection of the
58-23 southerly line of said E.C. CRAWFORD ADDITION with the existing
58-24 easterly line of Eastside Avenue;
58-25 THENCE, westerly along the projection of the southerly line
59-1 of said E.C. CRAWFORD ADDITION to the Southwest corner of aforesaid
59-2 Lot 24 of Block 2;
59-3 THENCE, northerly along the westerly line of said E.C.
59-4 CRAWFORD ADDITION to the POINT OF BEGINNING.
59-5 (59) TRACT FIFTY-NINE:
59-6 A tract of land being all of Lots 13 through 24, inclusive,
59-7 Block 2 of COLQUITT COURT ADDITION, a subdivision of land according
59-8 to the map or plat thereof recorded in Volume 998, Page 693 of the
59-9 Harris County Deed Records, in Houston, Harris County, Texas; said
59-10 tract being more particularly described as follows:
59-11 BEGINNING at the intersection of the westerly line of
59-12 Greenbriar Drive with the northerly line of Richmond Avenue;
59-13 THENCE, westerly along the northerly line of Richmond Avenue
59-14 to the Southwest corner of said Block 2;
59-15 THENCE, northerly along the westerly line of said Block 2 to
59-16 the Northwest corner of aforesaid Lot 13;
59-17 THENCE, easterly along the northerly line of said Lots 13
59-18 through 24, respectively, to the Northeast corner of said Lot 24,
59-19 on the westerly line of Greenbriar Drive;
59-20 THENCE, southerly along the westerly line of Greenbriar Drive
59-21 to the POINT OF BEGINNING.
59-22 (60) TRACT SIXTY:
59-23 A tract of land being part of and out of the RE-PLATTING OF
59-24 FRACTIONAL BLOCKS 7, 8 & 9, MARIAN ADDITION, a subdivision of land
59-25 according to the map or plat recorded in Volume 321, Page 622 of
60-1 the Harris County Deed Records, in Houston, Harris County, Texas;
60-2 said tract being more particularly described as follows:
60-3 BEGINNING at the Southwest corner of Block 9 of aforesaid
60-4 subdivision;
60-5 THENCE, northerly along the westerly line of said Block 9,
60-6 passing the Northwest corner of said Block 9, and continuing across
60-7 the right-of-way of Norfolk Street, passing the Southwest corner of
60-8 Block 8 of the aforementioned subdivision, and continuing along the
60-9 westerly line of said Block 8, same being the easterly line of
60-10 Revere Street to the Northwest corner of Lot 8 of said Block 8;
60-11 THENCE, easterly along the northerly line of Lots 8 through
60-12 14, respectively, of said Block 8 to the Northeast corner of said
60-13 Lot 14, on the westerly line of Morningside Alley;
60-14 THENCE, southerly along the westerly line of Morningside
60-15 Alley, passing the Southeast corner of said Block 8, continuing
60-16 across the right-of-way for Norfolk Street, passing the Northeast
60-17 corner of said Block 9, and continuing to the Southeast corner of
60-18 aforesaid Block 9;
60-19 THENCE, westerly along the southerly line of said Block 9 to
60-20 the POINT OF BEGINNING, "Save and Except" all that public street
60-21 right-of-way contained within Norfolk Street between said Blocks 8
60-22 and 9 of the aforesaid subdivision.
60-23 (61) TRACT SIXTY-ONE:
60-24 A tract of land being part of and out of Block 7 of E.C.
60-25 CRAWFORD ADDITION, a subdivision of land according to the map or
61-1 plat thereof recorded in Volume 2, Page 12 of the Harris County Map
61-2 Records, in Houston, Harris County, Texas; said tract being more
61-3 particularly described as follows:
61-4 BEGINNING at the intersection of the southerly line of West
61-5 Alabama Street with the easterly line of Eastside Avenue;
61-6 THENCE, easterly along the southerly line of West Alabama
61-7 Street to the intersection of the southerly line of West Alabama
61-8 Street with the westerly line of Bammel Lane;
61-9 THENCE, southerly along the westerly line of Bammel Lane to
61-10 the intersection of the westerly line of Bammel Lane with the
61-11 northerly line of Sul Ross Street;
61-12 THENCE, westerly along the northerly line of Sul Ross Street
61-13 to the intersection of the northerly line of Sul Ross Street with
61-14 the easterly line of Eastside Avenue;
61-15 THENCE, northerly along the easterly line of Eastside Avenue
61-16 to the POINT OF BEGINNING.
61-17 (62) TRACT SIXTY-TWO:
61-18 A tract of land being all of Block 8 of E.C. CRAWFORD
61-19 ADDITION, a subdivision of land according to the map or plat
61-20 thereof recorded in Volume 2, Page 12 of the Harris County Map
61-21 Records, in Houston, Harris County, Texas; said tract being more
61-22 particularly described as follows:
61-23 BEGINNING at the intersection of the southerly line of Sul
61-24 Ross Street with the westerly line of Bammel Lane;
61-25 THENCE, southerly along the westerly line of Bammel Lane to
62-1 the intersection of the westerly line of Bammel Lane with the
62-2 northerly line of Elbert Street;
62-3 THENCE, westerly along the northerly line of Elbert Street to
62-4 the intersection of the northerly line of Elbert Street with the
62-5 easterly line of Eastside Avenue;
62-6 THENCE, northerly along the easterly line of Eastside Avenue
62-7 to the intersection of the easterly line of Eastside Avenue with
62-8 the southerly line of Sul Ross Street;
62-9 THENCE, easterly along the southerly line of Sul Ross Street
62-10 to the POINT OF BEGINNING.
62-11 (63) TRACT SIXTY-THREE:
62-12 A tract of land being all of Block 9 of E.C. CRAWFORD
62-13 ADDITION, a subdivision of land according to the map or plat
62-14 thereof recorded in Volume 2, Page 12 of the Harris County Map
62-15 Records, and the northerly one-half of abandoned Harrar Street
62-16 between Blocks 9 and 10 of said E.C. CRAWFORD ADDITION (being an
62-17 original 60 foot wide street) adjoining the southerly portion of
62-18 said Block 9, in Houston, Harris County, Texas; said tract being
62-19 more particularly described as follows:
62-20 BEGINNING at the intersection of the northerly line of Elbert
62-21 Street with the westerly line of Bammel Lane;
62-22 THENCE, southerly along the westerly line of Bammel Lane,
62-23 passing the Southeast corner of said Block 9, and continuing to a
62-24 point for corner, on the centerline of Harrar Street (abandoned);
62-25 THENCE, westerly along the centerline of Harrar Street
63-1 (abandoned) to a point for corner, on the existing easterly line of
63-2 Eastside Avenue;
63-3 THENCE, northerly along the existing easterly line of
63-4 Eastside Avenue, passing the Southwest corner of said Block 9, and
63-5 continuing to the intersection of the southerly line of Elbert
63-6 Street with the easterly line of Eastside Avenue;
63-7 THENCE, easterly along the southerly line of Elbert Street to
63-8 the POINT OF BEGINNING.
63-9 (64) TRACT SIXTY-FOUR:
63-10 A tract of land being part of and out of Block 10 of E.C.
63-11 CRAWFORD ADDITION, a subdivision of land according to the map or
63-12 plat thereof recorded in Volume 2, Page 12 of the Harris County Map
63-13 Records, and being the southerly one-half of abandoned Harrar
63-14 Street between Blocks 9 and 10 of said E.C. CRAWFORD ADDITION
63-15 (being an original 60 foot wide street) adjoining the northerly
63-16 portion of said Block 10, in Houston, Harris County, Texas; said
63-17 tract being more particularly described as follows:
63-18 BEGINNING at the intersection of the centerline of said
63-19 Harrar Street (abandoned) with the westerly line of Bammel Lane;
63-20 THENCE, southerly along the existing westerly line of Bammel
63-21 Lane, passing the Northeast corner of said Block 10, and continuing
63-22 to the Southeast corner of said Block 10;
63-23 THENCE, westerly along the southerly line of said Block 10 to
63-24 the intersection of the southerly line of said Block 10 with the
63-25 existing easterly line of Eastside Avenue;
64-1 THENCE, northerly along the existing easterly line of
64-2 Eastside Avenue to a point for corner, on the centerline of Harrar
64-3 Street (abandoned);
64-4 THENCE, easterly along the centerline of Harrar Street
64-5 (abandoned) to the POINT OF BEGINNING.
64-6 (b) The district may annex or exclude land from the district
64-7 in the manner provided by Subchapter C, Chapter 375, Local
64-8 Government Code.
64-9 (c) A current description of the district's boundaries shall
64-10 be filed with the Texas Natural Resource Conservation Commission.
64-11 A mistake in the description of the district's boundaries may be
64-12 corrected by order of the commission.
64-13 Sec. 376.125. FINDINGS RELATING TO BOUNDARIES. The
64-14 boundaries and field notes of the district form a closure. If a
64-15 mistake is made in the field notes or in copying the field notes in
64-16 the legislative process, the mistake does not in any way affect
64-17 the:
64-18 (1) organization, existence, and validity of the
64-19 district;
64-20 (2) right of the district to issue any type of bonds
64-21 or refunding bonds for a purpose for which the district is created
64-22 or to pay the principal of and interest on the bonds;
64-23 (3) right of the district to impose and collect
64-24 assessments or taxes; or
64-25 (4) legality or operation of the district or governing
65-1 body.
65-2 Sec. 376.126. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
65-3 (a) All the land and other property included in the district will
65-4 be benefited by the improvements and services to be provided by the
65-5 district under powers conferred by Section 52, Article III, Section
65-6 59, Article XVI, and Section 52-a, Article III, Texas Constitution,
65-7 and other powers granted under this subchapter. The district is
65-8 created to serve a public use and benefit.
65-9 (b) The creation of the district is in the public interest
65-10 and is essential to:
65-11 (1) further the public purposes of the development and
65-12 diversification of the economy of the state; and
65-13 (2) eliminate unemployment and underemployment and
65-14 develop or expand transportation and commerce.
65-15 (c) The district will:
65-16 (1) promote the health, safety, and general welfare of
65-17 residents, employers, employees, visitors, and consumers in the
65-18 district and the general public;
65-19 (2) provide needed funding for the Kirby Drive
65-20 vicinity of the municipality to preserve, maintain, and enhance the
65-21 economic health and vitality of the area as a community and
65-22 business center;
65-23 (3) promote the health, safety, welfare, and enjoyment
65-24 of the public by providing public art and pedestrian ways and by
65-25 landscaping and developing certain areas in the district, which are
66-1 necessary for the restoration, preservation, and enhancement of
66-2 scenic and aesthetic beauty;
66-3 (4) promote and benefit commercial development and
66-4 commercial areas in the Kirby Drive vicinity of the municipality;
66-5 and
66-6 (5) promote and develop public transportation and
66-7 pedestrian facilities and systems by new and alternative means that
66-8 are attractive, safe, and convenient, including securing expanded
66-9 and improved transportation and pedestrian facilities and systems,
66-10 to:
66-11 (A) address the:
66-12 (i) problem of traffic congestion in the
66-13 district;
66-14 (ii) need for traffic control;
66-15 (iii) need to improve pedestrian safety;
66-16 and
66-17 (iv) limited availability of money; and
66-18 (B) benefit the land and other property in the
66-19 district and the residents, employers, employees, visitors, and
66-20 consumers in the district and the general public.
66-21 (d) Pedestrian ways along or across a street, whether at
66-22 grade or above or below the surface, and street lighting, street
66-23 landscaping, and street art objects are parts of and necessary
66-24 components of a street and are considered to be a street or road
66-25 improvement.
67-1 (e) Each improvement project or service authorized by this
67-2 subchapter is essential to carry out a public purpose.
67-3 (f) The district will not act as the agent or
67-4 instrumentality of any private interest even though many private
67-5 interests will be benefited by the district, as will the general
67-6 public.
67-7 Sec. 376.127. CONSTRUCTION OF SUBCHAPTER. This subchapter
67-8 shall be liberally construed in conformity with the findings and
67-9 purposes stated in this subchapter.
67-10 Sec. 376.128. BOARD OF DIRECTORS IN GENERAL. (a) The
67-11 district is governed by a board of five directors who serve
67-12 staggered four-year terms.
67-13 (b) Sections 49.053, 49.054, 49.056 through 49.058, and
67-14 49.060, Water Code, apply to the board.
67-15 (c) Subchapter D, Chapter 375, applies to the board to the
67-16 extent that subchapter does not conflict with this subchapter.
67-17 Sec. 376.129. APPOINTMENT OF DIRECTORS; VACANCY. Directors
67-18 shall be appointed and qualify in the manner provided by Subchapter
67-19 D, Chapter 375. A vacancy in the office of director because of the
67-20 death, resignation, or removal of a director shall be filled by the
67-21 remaining members of the board by appointing a qualified person for
67-22 the unexpired term.
67-23 Sec. 376.130. POWERS AND DUTIES OF DISTRICT. The district
67-24 has:
67-25 (1) all powers necessary or required to accomplish the
68-1 purposes for which the district was created;
68-2 (2) the rights, powers, privileges, authority, and
68-3 functions of a district created under Chapter 375;
68-4 (3) the powers, duties, and contracting authority
68-5 specified in Subchapters H and I, Chapter 49, Water Code;
68-6 (4) the powers given to a corporation under Section
68-7 4B, Development Corporation Act of 1979 (Article 5190.6, Vernon's
68-8 Texas Civil Statutes), and the power to own, operate, acquire,
68-9 construct, lease, improve, and maintain projects described by that
68-10 section;
68-11 (5) the power of a housing finance corporation created
68-12 under Chapter 394;
68-13 (6) the power to impose, assess, charge, or collect ad
68-14 valorem taxes, assessments, impact fees, or other fees in
68-15 accordance with Chapter 49, Water Code, for a purpose specified in
68-16 Chapter 375 or as necessary to accomplish a purpose, function,
68-17 power, or duty for which the district is created;
68-18 (7) the power to contract with the municipality or
68-19 county for the provision on a fee basis of law enforcement and
68-20 security services by the county or municipality; and
68-21 (8) the power to contract with a private entity for
68-22 the provision of supplemental security services.
68-23 Sec. 376.131. RELATION TO OTHER LAW. If any provision of
68-24 general law, including a law referenced in this subchapter, is in
68-25 conflict with or is inconsistent with this subchapter, this
69-1 subchapter prevails. Any law referenced in this subchapter that is
69-2 not in conflict or inconsistent with this subchapter is adopted and
69-3 incorporated by reference.
69-4 Sec. 376.132. TORT CLAIMS. (a) The district is a
69-5 governmental unit for purposes of Chapter 101, Civil Practice and
69-6 Remedies Code.
69-7 (b) The operations of the district are considered for all
69-8 purposes, including the application of Chapter 101, Civil Practice
69-9 and Remedies Code, to be essential governmental functions and not
69-10 proprietary functions.
69-11 Sec. 376.133. NONPROFIT CORPORATION. (a) The board by
69-12 resolution may authorize the creation of a nonprofit corporation to
69-13 assist and act on behalf of the district in implementing a project
69-14 or providing a service authorized by this subchapter.
69-15 (b) The board shall appoint the board of directors of a
69-16 nonprofit corporation created under this section. The board of
69-17 directors of the nonprofit corporation shall serve in the same
69-18 manner as, for the same term as, and on the conditions of the board
69-19 of directors of a local government corporation created under
69-20 Chapter 431, Transportation Code.
69-21 (c) A nonprofit corporation created under this section has
69-22 the powers of and is considered for purposes of this subchapter to
69-23 be a local government corporation created under Chapter 431,
69-24 Transportation Code.
69-25 (d) A nonprofit corporation created under this section may
70-1 implement any project and provide any services authorized by this
70-2 subchapter.
70-3 Sec. 376.134. DEBT. The district may issue bonds, notes, or
70-4 other debt obligations in accordance with Subchapters I and J,
70-5 Chapter 375, for the purposes specified in that chapter or as may
70-6 be required to accomplish the purposes, functions, powers, and
70-7 duties for which the district is created.
70-8 Sec. 376.135. ASSESSMENTS. (a) An assessment imposed on
70-9 property under this subchapter is a personal obligation of the
70-10 person who owns the property on January 1 of the year for which the
70-11 assessment is imposed. A person is not relieved of the obligation
70-12 if the person transfers title to the property.
70-13 (b) On January 1 of the year for which an assessment under
70-14 this subchapter is imposed on property, a lien attaches to the
70-15 property to secure the payment of the assessment and any interest
70-16 accrued on the assessment. The lien has the same priority as a
70-17 lien for taxes of the district.
70-18 (c) Not later than the fourth anniversary after the date on
70-19 which the assessment became due, the district may file suit to
70-20 foreclose the lien on or enforce the personal obligation for, or
70-21 both foreclose the lien on and enforce the personal obligation for,
70-22 an assessment imposed under this subchapter that is not paid in a
70-23 timely manner and any interest accrued on that assessment.
70-24 (d) In addition to recovering the amount of the assessment
70-25 and interest accrued on the assessment, if any, the district may
71-1 recover in a suit filed under this section reasonable costs,
71-2 including attorney's fees, incurred by the district in foreclosing
71-3 the lien or enforcing the personal obligation in an amount not to
71-4 exceed 20 percent of the delinquent assessment and interest.
71-5 (e) An assessment that is delinquent for more than four
71-6 years after the date on which the assessment became due and any
71-7 interest imposed on the assessment is considered paid if a suit is
71-8 not filed before the period prescribed by Subsection (c).
71-9 (f) For purposes of a title insurance policy issued under
71-10 Chapter 9, Insurance Code, an assessment is a tax.
71-11 Sec. 376.136. ELECTIONS. (a) The district shall call and
71-12 hold an election in the manner provided by Subchapter L, Chapter
71-13 375.
71-14 (b) The board may submit multiple purposes in a single
71-15 proposition at an election.
71-16 Sec. 376.137. MAINTENANCE TAX. (a) If authorized at an
71-17 election held in accordance with Section 376.136, the district may
71-18 impose and collect an annual ad valorem tax on taxable property in
71-19 the district for the maintenance, restoration, replacement, or
71-20 operation of the district and the improvements constructed or
71-21 acquired by the district or the facilities, works, or services of
71-22 the district.
71-23 (b) The board shall determine the tax rate.
71-24 Sec. 376.138. DISSOLUTION OF DISTRICT. (a) The district
71-25 may be dissolved as provided by Subchapter M, Chapter 375.
72-1 (b) Regardless of Section 375.264, a district that has debt
72-2 may be dissolved as provided by Subchapter M, Chapter 375. If the
72-3 district has debt and is dissolved, the district shall remain in
72-4 existence solely for the purpose of discharging its bonds or other
72-5 obligations according to their terms.
72-6 Sec. 376.139. REINVESTMENT ZONES. All or any part of the
72-7 area of the district is eligible to be included in a tax
72-8 incremental reinvestment zone created by the municipality under
72-9 Chapter 311, Tax Code.
72-10 Sec. 376.140. EXEMPTION OF PUBLIC UTILITY FROM FEE OR
72-11 ASSESSMENT. The district may not impose an impact fee or
72-12 assessment on the property, equipment, or facilities of a public
72-13 utility as defined by Section 2.0011, Public Utility Regulatory Act
72-14 of 1995 (Article 1446c-0, Vernon's Texas Civil Statutes).
72-15 SECTION 2. (a) The initial board of the Upper Kirby
72-16 Management District consists of the following persons:
72-17 (1) A. Lonnie Schiller, position one;
72-18 (2) Roy L. Wakefield, position two;
72-19 (3) W. T. Dickey, position three;
72-20 (4) Morris B. Penner, position four; and
72-21 (5) Robert H. Schultz, position five.
72-22 (b) Of the initial directors, the directors appointed for
72-23 positions one and two serve until June 1, 1999, and the directors
72-24 appointed for positions three, four, and five serve until June 1,
72-25 2001.
73-1 (c) This section expires September 1, 2001.
73-2 SECTION 3. The legislature finds that:
73-3 (1) proper and legal notice of the intention to
73-4 introduce this Act, setting forth the general substance of this
73-5 Act, has been published as provided by law, and the notice and a
73-6 copy of this Act have been furnished to all persons, agencies,
73-7 officials, or entities to which they are required to be furnished
73-8 by the constitution and laws of this state, including the governor,
73-9 who has submitted the notice and a copy of this Act to the Texas
73-10 Natural Resource Conservation Commission;
73-11 (2) the Texas Natural Resource Conservation Commission
73-12 has filed its recommendations relating to this Act with the
73-13 governor, lieutenant governor, and speaker of the house of
73-14 representatives within the required time;
73-15 (3) the general law relating to consent by political
73-16 subdivisions to the creation of districts with conservation,
73-17 reclamation, and road powers and the inclusion of land in those
73-18 districts has been complied with; and
73-19 (4) all requirements of the constitution and laws of
73-20 this state and the rules and procedures of the legislature with
73-21 respect to the notice, introduction, and passage of this Act have
73-22 been fulfilled and accomplished.
73-23 SECTION 4. The importance of this legislation and the
73-24 crowded condition of the calendars in both houses create an
73-25 emergency and an imperative public necessity that the
74-1 constitutional rule requiring bills to be read on three several
74-2 days in each house be suspended, and this rule is hereby suspended,
74-3 and that this Act take effect and be in force from and after its
74-4 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1750 passed the Senate on
April 24, 1997, by the following vote: Yeas 29, Nays 0.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1750 passed the House on
May 10, 1997, by the following vote: Yeas 137, Nays 0, one present
not voting.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor