By Brown S.B. No. 1750
75R3460 CLG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation, administration, powers, and duties of the
1-3 Upper Kirby Management District; granting the authority to issue
1-4 bonds; authorizing a tax.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subtitle A, Title 12, Local Government Code, is
1-7 amended by adding Chapter 376 to read as follows:
1-8 CHAPTER 376. SPECIFIC MUNICIPAL MANAGEMENT DISTRICTS
1-9 (Subchapters A-C reserved for expansion
1-10 SUBCHAPTER D. UPPER KIRBY MANAGEMENT DISTRICT
1-11 Sec. 376.121. CREATION OF DISTRICT. (a) A special district
1-12 to be known as the "Upper Kirby Management District" exists as a
1-13 governmental agency, body politic and corporate, and political
1-14 subdivision of the state.
1-15 (b) The name of the district may be changed by resolution of
1-16 the board.
1-17 (c) The creation of the district is essential to accomplish
1-18 the purposes of Section 52, Article III, Section 59, Article XVI,
1-19 and Section 52-a, Article III, Texas Constitution, and other public
1-20 purposes stated in this subchapter.
1-21 Sec. 376.122. DECLARATION OF INTENT. (a) The creation of
1-22 the district is necessary to promote, develop, encourage, and
1-23 maintain employment, commerce, transportation, housing, tourism,
1-24 recreation, arts, entertainment, economic development, safety, and
2-1 the public welfare in the area traversed by Kirby Drive in the
2-2 municipality.
2-3 (b) The creation of the district and this legislation is not
2-4 to be interpreted to relieve the county or the municipality from
2-5 providing the level of services, as of September 1, 1997, to the
2-6 area in the district or to release the county or the municipality
2-7 from the obligations each entity has to provide services to that
2-8 area. The district is created to supplement and not supplant the
2-9 municipal or county services provided in the area in the district.
2-10 (c) By creating the district and in authorizing the
2-11 municipality, county, and other political subdivisions to contract
2-12 with the district, the legislature has established a program to
2-13 accomplish the public purposes set out in Section 52-a, Article
2-14 III, Texas Constitution.
2-15 Sec. 376.123. DEFINITIONS. In this subchapter:
2-16 (1) "Board" means the board of directors of the
2-17 district.
2-18 (2) "District" means the Upper Kirby Management
2-19 District.
2-20 (3) "Municipality" means the City of Houston, Texas.
2-21 (4) "County" means Harris County, Texas.
2-22 Sec. 376.124. BOUNDARIES. (a) The district includes all
2-23 the acreage contained in the following forty-nine (49) tracts of
2-24 land in the A.C. Reynolds Survey, Abstract No. 61, in the City of
2-25 Houston, Harris County, Texas, more particularly described as
2-26 follows:
2-27 (1) TRACT ONE:
3-1 A tract of land being all of two tracts of land being 19,230
3-2 Square Feet and 102,972 Square Feet, being part of and out of
3-3 DICKEYS WEST PARK, a subdivision of land according to the map or
3-4 plat thereof recorded in Volume 55, Page 45 of the Harris County
3-5 Deed Records, said tract being more particularly described as
3-6 follows:
3-7 BEGINNING at the intersection of the existing southerly line
3-8 of San Felipe Road with the existing east line of Kirby Drive;
3-9 THENCE easterly along the existing southerly line of San
3-10 Felipe Road, approximately 306.90 feet to a point for corner, same
3-11 being the intersection of the existing southerly line of San Felipe
3-12 Road with the west line of Argonne Street;
3-13 THENCE southerly along the west line of Argonne Street,
3-14 approximately 432.09 feet to the northerly line of the HUNTINGDON
3-15 CONDOMINIUM subdivision according to the map or plat thereof
3-16 recorded in Volume 132, Page 90 of the Condominium Records of
3-17 Harris County, Texas;
3-18 THENCE westerly along the north line of said HUNTINGDON
3-19 CONDOMINIUM subdivision, approximately 301.9 feet to the Northwest
3-20 corner of said HUNTINGDON CONDOMINIUM subdivision, on the existing
3-21 east line of Kirby Drive;
3-22 THENCE northerly along the existing east line of Kirby Drive,
3-23 approximately 377.11 feet to the POINT OF BEGINNING.
3-24 (2) TRACT TWO:
3-25 A tract of land being Tract or Block 25 according to the map
3-26 or plat of RIVER OAKS, SECTION FOUR (4), a subdivision of land
3-27 recorded in Volume 9, Page 27 of the Harris County Map Records,
4-1 said tract being more particularly described as follows:
4-2 BEGINNING at the intersection of the existing northerly line
4-3 of Westheimer Road with the east line of River Oaks Boulevard;
4-4 THENCE northerly along the east line of River Oaks Boulevard,
4-5 approximately 284.8 feet to the intersection of the south line of
4-6 Locke Lane with the east line of River Oaks Boulevard;
4-7 THENCE easterly along the south line of Locke Lane,
4-8 approximately 393.7 feet to the intersection of the west line of
4-9 Eastside Lane with the south line of Locke Lane;
4-10 THENCE southerly along the west line of Eastside Lane,
4-11 approximately 285 feet to the intersection of the west line of
4-12 Eastside Lane with the existing northerly line of Westheimer Road;
4-13 THENCE westerly along the existing northerly line of
4-14 Westheimer Road to the POINT OF BEGINNING.
4-15 (3) TRACT THREE:
4-16 A tract of land being shown on the plat or map as "Reserved
4-17 for Business Purposes" of the subdivision of the SECOND ADDITION TO
4-18 AVALON PLACE as recorded in Volume 12, Page 70 of the Harris County
4-19 Map Records, same being part of and out of Blocks 16, 17 and 18 of
4-20 DICKEYS WEST PARK ADDITION, a subdivision of land according to the
4-21 map or plat thereof recorded in Volume 55, Page 45 of the Harris
4-22 County Deed Records, and also including a portion of a closed
4-23 street labeled as Virginia Avenue (50 feet wide) as shown on the
4-24 said plat of SECOND ADDITION TO AVALON PLACE, said tract being more
4-25 particularly described as follows:
4-26 BEGINNING at the intersection of the existing east line of
4-27 Bellmeade Road with the existing northerly line of Westheimer Road;
5-1 THENCE in a northerly direction along the east line of
5-2 Bellmeade Road, approximately 143.5 feet to a point for corner, on
5-3 the South line of Block D of said SECOND ADDITION TO AVALON PLACE;
5-4 THENCE easterly along the southerly line of lots or tracts
5-5 out of Block D, Block E and Block F, respectively, to a point for
5-6 corner, on the existing west line of Kirby Drive;
5-7 THENCE southerly along the existing west line of Kirby Drive,
5-8 approximately 305 feet to the intersection of the existing
5-9 northerly line of Westheimer Road with the existing west line of
5-10 Kirby Drive;
5-11 THENCE westerly along the existing line of Westheimer Road,
5-12 approximately 1,048 feet to the POINT OF BEGINNING, "save and
5-13 except" that portion of Lake Avenue (50 feet wide) between Blocks
5-14 16 and 17 of said SECOND ADDITION TO AVALON PLACE.
5-15 (4) TRACT FOUR:
5-16 A tract of land being part of and out Block 15 of DICKEYS
5-17 WEST PARK ADDITION, a subdivision of land according to the map or
5-18 plat recorded in Volume 55, Page 45 of the Harris County Deed
5-19 Records, said tract being more particularly described as follows:
5-20 BEGINNING at the intersection of the existing east line of
5-21 Kirby Drive with the existing northerly line of Westheimer Road;
5-22 THENCE northerly along the existing east line of Kirby Drive
5-23 to the point of intersection of the existing east line of Kirby
5-24 Drive with the southerly line of San Saba Street;
5-25 THENCE easterly along the southerly line of San Saba Street
5-26 to the intersection of the southerly line of San Saba Street with
5-27 the west line of Argonne Avenue;
6-1 THENCE southerly along the west line of Argonne Avenue to the
6-2 intersection of the west line of Argonne Avenue with the existing
6-3 northerly line of Westheimer Road;
6-4 THENCE westerly along the existing northerly line of
6-5 Westheimer Road to the POINT OF BEGINNING.
6-6 (5) TRACT FIVE:
6-7 A tract of land being part of and out of Block 14 of COLLEGE
6-8 HEIGHTS, a subdivision of land according to the map or plat thereof
6-9 recorded in Volume 3, Page 38B of the Harris County Map Records,
6-10 said tract being more particularly described as follows:
6-11 BEGINNING at the intersection of the existing southerly line
6-12 of Westheimer Road with the east line of Argonne Avenue;
6-13 THENCE easterly along the existing southerly line of
6-14 Westheimer Road to the intersection of the west line of Revere
6-15 Avenue with the existing southerly line of Westheimer Road;
6-16 THENCE southerly along the west line of Revere Avenue to the
6-17 intersection of the north line of Cameron Street with the west line
6-18 of Revere Avenue;
6-19 THENCE westerly along the north line of Cameron Street to the
6-20 intersection of the east line of Argonne Avenue with the north line
6-21 of Cameron Street;
6-22 THENCE northerly along the east line of Argonne Avenue to the
6-23 POINT OF BEGINNING.
6-24 (6) TRACT SIX:
6-25 A tract of land being part of and out of Block 15 of COLLEGE
6-26 HEIGHTS, a subdivision of land according to the map or plat thereof
6-27 recorded in Volume 3, Page 38B of the Harris County Map Records,
7-1 said tract being more particularly described as follows:
7-2 BEGINNING at the intersection of the existing southerly line
7-3 of Westheimer Road with the existing easterly line of Kirby Drive;
7-4 THENCE easterly along the existing southerly line of
7-5 Westheimer Road to the intersection of the west line of Argonne
7-6 Avenue with the existing southerly line of Westheimer Road;
7-7 THENCE southerly along the west line of Argonne Avenue to the
7-8 intersection of the north line of Cameron Street with the west line
7-9 of Argonne Avenue;
7-10 THENCE westerly along the north line of Cameron Street to the
7-11 intersection of the existing east line of Kirby Drive with the
7-12 north line of Cameron Street;
7-13 THENCE northerly along the existing east line of Kirby Drive
7-14 to the POINT OF BEGINNING.
7-15 (7) TRACT SEVEN:
7-16 A tract of land being part of and out of Block 36 of COLLEGE
7-17 HEIGHTS, a subdivision of land according to the map or plat thereof
7-18 recorded in Volume 3, Page 38B of the Harris County Map Records,
7-19 and also being part of and out of Block 22 of DICKEYS WEST PART
7-20 ADDITION, a subdivision of land according to the map or plat
7-21 thereof recorded in Volume 45, Page 55 of the Harris County Deed
7-22 Records, and being all of 2701 KIRBY, a subdivision of land
7-23 according to the map or plat thereof recorded in Volume 348, Page
7-24 17 of the Harris County Map Records, and also being all of COLLEGE
7-25 HEIGHTS, a subdivision of land according to the map or plat thereof
7-26 recorded in Volume 318, Page 109 of the Harris County Map Records,
7-27 said tract being more particularly described as follows:
8-1 BEGINNING at the intersection of a cutback line in the
8-2 existing east line of Kirby Drive with the southerly line of
8-3 Cameron Street;
8-4 THENCE easterly along the south line of Cameron Street to the
8-5 intersection of the west line of Argonne Avenue with the south line
8-6 of Cameron Street;
8-7 THENCE southeasterly along a cutback line for Cameron Street
8-8 to the southerly termination of said cutback line, on the west line
8-9 of Argonne Avenue;
8-10 THENCE southerly along the west line of Argonne Avenue,
8-11 passing the northeast corner of aforesaid COLLEGE HEIGHTS ADDITION
8-12 1982, and continuing to the north termination of a cutback line in
8-13 said west line of Argonne Avenue;
8-14 THENCE southwesterly along the said cutback for the west line
8-15 of Argonne Avenue to the southerly termination of said cutback
8-16 line, on the north line of Kipling Street;
8-17 THENCE westerly along the north line of Kipling Street to a
8-18 point for corner, same being the south termination of a cutback
8-19 line for the existing east line of Kirby Drive;
8-20 THENCE northwesterly along said cutback line to a point for
8-21 corner, on the existing east line of Kirby Drive;
8-22 THENCE northerly along the existing east line of Kirby Drive
8-23 to the southerly termination of a cutback line for Cameron Street;
8-24 THENCE northeasterly along the said cutback line for Cameron
8-25 Street to the POINT OF BEGINNING.
8-26 (8) TRACT EIGHT:
8-27 A tract of land being part of and out of Block 28 of COLLEGE
9-1 HEIGHT, a subdivision of land according to the map or plat thereof
9-2 recorded in Volume 3, Page 38B of the Harris County Map Records,
9-3 said tract being more particularly described as follows:
9-4 BEGINNING at the intersection of the existing east line of
9-5 Kirby Drive with the south line of Kipling Street;
9-6 THENCE easterly along the south line of Kipling Street to the
9-7 intersection of the west line of Argonne Avenue with the south line
9-8 of Kipling Street;
9-9 THENCE southerly along the west line of Argonne Avenue to the
9-10 intersection of the north line of Steel Street with the west line
9-11 of Argonne Avenue;
9-12 THENCE westerly along the north line of Steel Street to the
9-13 intersection of the existing east line of Kirby Drive with the
9-14 north line of Steel Street;
9-15 THENCE northerly along the existing east line of Kirby Drive
9-16 to the POINT OF BEGINNING.
9-17 (9) TRACT NINE:
9-18 A tract of land being part of and out of Block 23 of COLLEGE
9-19 HEIGHTS, a subdivision of land according to the map or plat thereof
9-20 recorded in Volume 3, Page 38B of the Harris County Map Records,
9-21 said tract being more particularly described as follows:
9-22 BEGINNING the intersection of the existing east line of Kirby
9-23 Drive with the south line of Steel Street;
9-24 THENCE easterly along the south line of Steel Street to the
9-25 intersection of the west line of Argonne Avenue with the south line
9-26 of Steel Street;
9-27 THENCE southerly along the west line of Argonne Avenue to the
10-1 intersection of the existing north line of West Alabama Street with
10-2 the west line of Argonne Avenue;
10-3 THENCE westerly along the existing north line of West Alabama
10-4 Street to the intersection of the existing east line of Kirby Drive
10-5 with the existing north line of West Alabama Street;
10-6 THENCE northerly along the existing east line of Kirby Drive
10-7 to the POINT OF BEGINNING.
10-8 (10) TRACT TEN:
10-9 A tract of land being part of and out of Block 46 of COLLEGE
10-10 HEIGHTS, a subdivision of land according to the map or plat thereof
10-11 recorded in Volume 3, Page 38B of the Harris County Map Records,
10-12 said tract being more particularly described as follows:
10-13 BEGINNING at the intersection of the existing southerly line
10-14 of Westheimer Road with the existing west line of Kirby Drive;
10-15 THENCE southerly along the existing west line of Kirby Drive
10-16 to the intersection of the north line of Cameron Street with the
10-17 existing west line of Kirby Drive;
10-18 THENCE westerly along the north line of Cameron Street to the
10-19 intersection of the east line of Lake Street with the north line of
10-20 Cameron Street;
10-21 THENCE northerly along the east line of Lake Street to the
10-22 intersection of the existing southerly line of Westheimer Road with
10-23 the east line of Lake Street;
10-24 THENCE easterly along the existing southerly line of
10-25 Westheimer Road to the POINT OF BEGINNING.
10-26 (11) TRACT ELEVEN:
10-27 A tract of land being part of and out Block 41 of COLLEGE
11-1 HEIGHTS, a subdivision of land according to the map or plat thereof
11-2 recorded in Volume 3, Page 38B of the Harris County Map Records,
11-3 and being a portion of abandoned Lake Street adjoining the west
11-4 side of said Block 41 (as shown on said map of COLLEGE HEIGHTS),
11-5 said tract being more particularly described as follows:
11-6 BEGINNING at the intersection of the existing west line of
11-7 Kirby Drive with the south line of Cameron Street;
11-8 THENCE southerly along the existing west line of Kirby Drive
11-9 to the intersection of the north line of Rosamond Street with the
11-10 existing west line of Kirby Drive;
11-11 THENCE westerly along the north line of Rosamond Street to
11-12 the Southeast corner of the REGENCY HOUSE CONDOMINIUMS, a
11-13 condominium subdivision according to the map or plat thereof
11-14 recorded in Volume 107, Page 101 of the Condominium Records of
11-15 Harris County, Texas;
11-16 THENCE northerly along the east line of the said REGENCY
11-17 HOUSE CONDOMINIUMS to the most easterly northeast corner of said
11-18 REGENCY HOUSE CONDOMINIUMS, on the south line of Cameron Street;
11-19 THENCE easterly along the south line of Cameron Street to the
11-20 POINT OF BEGINNING.
11-21 (12) TRACT TWELVE:
11-22 A tract of land being part of and out of Blocks 33 and 34 of
11-23 COLLEGE HEIGHTS, a subdivision of land according to the map or plat
11-24 thereof recorded in Volume 3, Page 38B of the Harris County Map
11-25 Records, and a portion of abandoned Lake Street (50 feet wide)
11-26 lying between said Blocks 33 and 34, said tract being more
11-27 particularly described as follows:
12-1 BEGINNING at the intersection of the existing west line of
12-2 Kirby Drive with the south line of Rosamond Street;
12-3 THENCE southerly along the existing west line of Kirby Drive,
12-4 approximately 240 feet to the intersection of the north line of
12-5 Kipling Street with the existing west line of Kirby Drive;
12-6 THENCE westerly along the north line of Kipling Street to the
12-7 intersection of the east line of Virginia Avenue with the north
12-8 line of Kipling Street;
12-9 THENCE northerly along the east line of Virginia Avenue,
12-10 approximately 240 feet to the intersection of the south line of
12-11 Rosamond Street with the east line of Virginia Avenue;
12-12 THENCE easterly along the south line of Rosamond Street to
12-13 the POINT OF BEGINNING.
12-14 (13) TRACT THIRTEEN:
12-15 A tract of land being part of and out of Blocks 29 and 30 of
12-16 COLLEGE HEIGHTS, a subdivision of land according to the map or plat
12-17 thereof recorded in Volume 3, Page 38B of the Harris County Map
12-18 Records, and a portion of abandoned Lake Street (50 feet wide)
12-19 lying between said Block 29 and 30, said tract being more
12-20 particularly described as follows:
12-21 BEGINNING at the intersection of the existing west line of
12-22 Kirby Drive with the south line of Kipling Street;
12-23 THENCE southerly along the existing west line of Kirby Drive
12-24 to the intersection of the north line of Steel Street with the
12-25 existing west line of Kirby Drive;
12-26 THENCE westerly along the north line of Steel Street to the
12-27 intersection of the east line of Virginia Street with the north
13-1 line of Steel Street;
13-2 THENCE northerly along the east line of Virginia Street to
13-3 the northwest corner of Lot 9 of said Block 30;
13-4 THENCE easterly along the northerly line of Lots 9 through
13-5 13, respectively, of said Block 30, to the common corner of Lots 3,
13-6 4, 13 and 14 of said Block 30;
13-7 THENCE northerly along the common line of said Lots 3 and 4,
13-8 approximately 122 feet to the common northerly corner of said Lots
13-9 3 and 4, on the south line of Kipling Street;
13-10 THENCE easterly along the south line of Kipling Street to the
13-11 POINT OF BEGINNING.
13-12 (14) TRACT FOURTEEN:
13-13 A tract of land being part of and out of Blocks 21 and 22 of
13-14 COLLEGE HEIGHTS, a subdivision of land according to the map or plat
13-15 thereof recorded in Volume 3, Page 38B of the Harris County Map
13-16 Records, said tract being more particularly described as follows:
13-17 BEGINNING at the intersection of the existing west line of
13-18 Kirby Drive with the south line of Steel Street;
13-19 THENCE southerly along the existing west line of Kirby Drive
13-20 to the intersection of the existing north line of West Alabama
13-21 Street;
13-22 THENCE westerly along the existing north line of West Alabama
13-23 Street to the intersection of the east line of Virginia Street with
13-24 the existing north line of West Alabama Street;
13-25 THENCE northerly along the east line of Virginia Street to
13-26 the intersection of the south line of Steel Street with the east
13-27 line of Virginia Street;
14-1 THENCE easterly along the south line of Steel Street to the
14-2 POINT OF BEGINNING.
14-3 (15) TRACT FIFTEEN:
14-4 A tract of land being part of and out of Commercial Block
14-5 Seven (7) of the Second Replat of DAVID CROCKETT, a subdivision of
14-6 land according to the map or plat thereof recorded in Volume 31,
14-7 Page 35 of the Harris County Map Records, said tract being more
14-8 particularly described as follows:
14-9 BEGINNING at the intersection of the existing south line of
14-10 West Alabama Street with the existing west line of Kirby Drive;
14-11 THENCE southerly along the existing west line of Kirby Drive
14-12 to the intersection of the north line of West Main Street with the
14-13 existing west line of Kirby Drive;
14-14 THENCE westerly along the north line of West Main Street to
14-15 the intersection of the east line of Lake Street with the north
14-16 line of West Main Street;
14-17 THENCE northerly along the east line of Lake Street to the
14-18 intersection of the existing south line of West Alabama Street with
14-19 the east line of Lake Street;
14-20 THENCE easterly along the existing south line of West Alabama
14-21 Street to the POINT OF BEGINNING.
14-22 (16) TRACT SIXTEEN:
14-23 A tract of land being part of and out of Block One (1) of
14-24 DAVID CROCKETT, a subdivision of land according to the map or plat
14-25 thereof recorded in Volume 31, Page 35 of the Harris County Map
14-26 Records, said tract being more particularly described as follows:
14-27 BEGINNING at the intersection of the existing west line of
15-1 Kirby Drive with the south line of West Main Street;
15-2 THENCE southerly along the existing west line of Kirby Drive
15-3 to the intersection of the north line of Colquitt Street with the
15-4 existing west line of Kirby Drive;
15-5 THENCE westerly along the north line of Colquitt Street to
15-6 the intersection of the east line of Lake Street with the north
15-7 line of Colquitt Street;
15-8 THENCE northerly along the east line of Lake Street to the
15-9 intersection of the south line of West Main Street with the east
15-10 line of Lake Street;
15-11 THENCE easterly along the south line of West Main Street to
15-12 the POINT OF BEGINNING.
15-13 (17) TRACT SEVENTEEN:
15-14 A tract of land being part of and out of Block 13 and 16 of
15-15 COLLEGE HEIGHTS, a subdivision of land according to the map or plat
15-16 thereof recorded in Volume 3, Page 38B of the Harris County Map
15-17 Records, and being a portion of abandoned Elmo Street lying between
15-18 said Blocks 13 and 16, and also being part of and out Block A of
15-19 DOZIER ADDITION, a subdivision of land according to the map or plat
15-20 thereof recorded in Volume 302, Page 300 of the Harris County Deed
15-21 Records, said tract being more particularly described as follows:
15-22 BEGINNING at the intersection of the existing east line of
15-23 Kirby Drive with the existing south line of West Alabama Street;
15-24 THENCE easterly along the existing south line of West Alabama
15-25 Street to the intersection of the west line of Argonne Avenue with
15-26 the existing south line of West Alabama Street;
15-27 THENCE southerly along the west line of Argonne Avenue to the
16-1 intersection of the north line of Branard Street with the west line
16-2 of Argonne Avenue;
16-3 THENCE westerly along the north line of Branard Street to the
16-4 intersection of the existing east line of Kirby Drive with the
16-5 north line of Branard Street;
16-6 THENCE northerly along the existing east line of Kirby Drive
16-7 to the POINT OF BEGINNING.
16-8 (18) TRACT EIGHTEEN:
16-9 A tract of land being part of and out of Block F of DOZIER
16-10 ADDITION, according to the map or plat thereof recorded in Volume
16-11 302, Page 300 of the Harris County Deed Records, and being and part
16-12 of and out of Tract No. 1 of the GEORGE RICH SUBDIVISION, according
16-13 to the map or plat thereof recorded in Volume 25, Page 25 of the
16-14 Harris County Map Records, said tract being more particularly
16-15 described as follows:
16-16 BEGINNING at the intersection of the existing east line of
16-17 Kirby Drive with the south line of Branard Street;
16-18 THENCE easterly along the south line of Branard Street to the
16-19 intersection of the west line of Argonne Street with the south line
16-20 of Branard Street;
16-21 THENCE southerly along the west line of Argonne Street to the
16-22 Southeast corner of said Block F, on the southerly termination of
16-23 Argonne Street, same being the north line of aforesaid GEORGE RICH
16-24 SUBDIVISION;
16-25 THENCE westerly along the north line of said GEORGE RICH
16-26 SUBDIVISION, same being the south line of said Block F, to the
16-27 common north corner of Lot 5 of aforesaid Tract No. 1, and Lot 1 of
17-1 Tract No. 2 of said GEORGE RICH SUBDIVISION;
17-2 THENCE southerly along the common line of said Lot 5 of Tract
17-3 No. 1 and Lot 1 of said Tract No. 2 to the common south corner of
17-4 said Lot 5 of Tract No. 1 and Lot 1 of said Tract No. 2, on the
17-5 north line of West Main Street;
17-6 THENCE westerly along the north line of West Main Street to
17-7 the intersection of the existing east line of Kirby Drive with the
17-8 north line of West Main Street;
17-9 THENCE northerly along the existing east line of Kirby Drive
17-10 to the POINT OF BEGINNING.
17-11 (19) TRACT NINETEEN:
17-12 A tract of land being part of and out of Block No. 1, Tract
17-13 No. 7, and Tract No. 8 of the GEORGE RICH SUBDIVISION, according to
17-14 the map or plat thereof recorded in Volume 25, Page 25 of the
17-15 Harris County Map Records, said tract being more particularly
17-16 described as follows:
17-17 BEGINNING at the intersection of the existing east line of
17-18 Kirby Drive with the south line of West Main Street;
17-19 THENCE easterly along the south line of West Main Street to
17-20 the northeast corner of a tract of land described in deed recorded
17-21 in County Clerk's File No. G455073 in the Harris County Clerk's
17-22 Official Public Records of Real Property;
17-23 THENCE southerly along the east line of said tract described
17-24 in File No. G455073 to the southeast corner of said tract, on the
17-25 north line of Block No. 1;
17-26 THENCE westerly along the north line of said Block No. 1 to
17-27 the northeast corner of a tract of land heretofore described in
18-1 County Clerk's File No. F090331 in the Harris County Clerk's
18-2 Official Public Records of Real Property;
18-3 THENCE southerly along the east line of said tract described
18-4 in File No. F090331 to the southeast corner of said tract, on the
18-5 north line of Richton Street;
18-6 THENCE westerly along the north line of Richton Street to the
18-7 intersection of the existing east line of Kirby Drive with the
18-8 north line of Richton Street;
18-9 THENCE northerly along the existing east line of Kirby Drive
18-10 to the POINT OF BEGINNING.
18-11 (20) TRACT TWENTY:
18-12 A tract of land being part of and out of Block No. 2 of the
18-13 GEORGE RICH SUBDIVISION, according to the map or plat thereof
18-14 recorded in Volume 25, Page 25 of the Harris County Map Records,
18-15 and also being comprised of various acreage tracts; said tract
18-16 being more particularly described as follows:
18-17 BEGINNING at the intersection of the existing east line of
18-18 Kirby Drive with the south line of Richton Street;
18-19 THENCE easterly along the south line of Richton Street to the
18-20 common north corner of Lots 5 and 6 of said Block No. 2 of the
18-21 GEORGE RICH SUBDIVISION;
18-22 THENCE southerly along the common line of said Lots 5 and 6,
18-23 approximately 100 feet to the common south corner of said Lots 5
18-24 and 6, on the south line of the said GEORGE RICH SUBDIVISION;
18-25 THENCE easterly along the south line of the said GEORGE RICH
18-26 SUBDIVISION to the northeast corner of a called 2 Acre Tract
18-27 described in Volume 3006, Page 378 of the Harris County Deed
19-1 Records;
19-2 THENCE southerly along the east line of said called 2 Acre
19-3 Tract to a point for corner, on the north line of a called tract
19-4 described in Clerks' File No. L054550 of the Harris County Clerk's
19-5 Official Public Records of Real Property (HCCOPRRP);
19-6 THENCE easterly along the northerly line of said tract
19-7 described in Clerk's File No. L054550 to the northeast corner of
19-8 said tract, on the west line of a tract heretofore described in
19-9 Clerk's File No. B619139 (HCCOPRRP);
19-10 THENCE northerly along the west line of said tract described
19-11 in Clerk's File No. B619139 (HCCOPRRP) to the Northwest corner of
19-12 said tract described in Clerk's File No. B619139, on the south line
19-13 of a tract described in Clerk's File No. J069866 (HCCOPRRP);
19-14 THENCE easterly along, in part, the north line of said tract
19-15 described in Clerk's File No. B619139 (HCCOPRRP), same being the
19-16 south line of said tract described in Clerk's File No. J069866
19-17 (HCCOPRRP) to a re-entrant corner of said tract described in
19-18 Clerk's File No. J069866 (HCCOPRRP);
19-19 THENCE southerly along a west line of said tract described in
19-20 Clerk's File No. J069866 (HCCOPRRP) to a southwest corner of said
19-21 tract described in Clerk's File No. J069866 (HCCOPRRP), on the
19-22 existing north line of Richmond Avenue;
19-23 THENCE westerly along the existing north line of Richmond
19-24 Avenue to the intersection of the existing east line of Kirby Drive
19-25 with the existing north line of Richmond Avenue;
19-26 THENCE northerly along the existing east line of Kirby Drive
19-27 to the POINT OF BEGINNING.
20-1 (21) TRACT TWENTY-ONE:
20-2 A tract of land being part of and out of Block A of FORRESTER
20-3 SUBDIVISION, according to the map or plat thereof recorded in
20-4 Volume 327, Page 631 of the Harris County Deed Records, said tract
20-5 being more particularly described as follows:
20-6 BEGINNING at the intersection of the existing west line of
20-7 Kirby Drive with the existing north line of Richmond Avenue;
20-8 THENCE westerly along the existing north line of Richmond
20-9 Avenue to the intersection of the east line of Lake Street with the
20-10 existing north line of Richmond Avenue;
20-11 THENCE northerly along the east line of Lake Street to the
20-12 intersection of the south line of Colquitt Street with the east
20-13 line of Lake Street;
20-14 THENCE easterly along the south line of Colquitt Street to
20-15 the intersection of the existing west line of Kirby Drive with the
20-16 south line of Colquitt Street;
20-17 THENCE southerly along the existing west line of Kirby Drive
20-18 to the POINT OF BEGINNING.
20-19 (22) TRACT TWENTY-TWO:
20-20 A tract of land being part of and out of Block B of FORRESTER
20-21 SUBDIVISION, according to the map or plat thereof recorded in
20-22 Volume 327, Page 631 of the Harris County Deed Records, said tract
20-23 being more particularly described as follows:
20-24 BEGINNING at the intersection of the west line of Lake Street
20-25 with the existing north line of Richmond Avenue;
20-26 THENCE westerly along the existing north line of Richmond
20-27 Avenue to the intersection of the east line of Virginia Street with
21-1 the existing north line of Richmond Avenue;
21-2 THENCE northerly along the east line of Virginia Street to
21-3 the northwest corner of Lot 7 of said Block B;
21-4 THENCE easterly along the north line of Lots 7, 8, 9, 10, 11
21-5 and 12, respectively, of said Block B to a point for corner, on the
21-6 west line of Lake Street;
21-7 THENCE southerly along the west line of Lake Street to the
21-8 POINT OF BEGINNING.
21-9 (23) TRACT TWENTY-THREE:
21-10 A tract of land being comprised of various acreage tracts,
21-11 and being part of and out of Block C of FORRESTER SUBDIVISION,
21-12 according to the map or plat thereof recorded in Volume 327, Page
21-13 631 of the Harris County Deed Records, said tract being more
21-14 particularly described as follows:
21-15 BEGINNING at the intersection of the existing north line of
21-16 Richmond Avenue with the west line of Virginia Street;
21-17 THENCE westerly along the existing north line of Richmond
21-18 Avenue to the intersection of the existing easterly line of
21-19 Eastside Avenue with the existing north line of Richmond Avenue;
21-20 THENCE northerly along the existing easterly line of Eastside
21-21 Avenue being a curve to the left to the northwest corner of the
21-22 herein described tract, on the south line of CRAWFORD ADDITION,
21-23 according to the map or plat thereof recorded in Volume 2, Page 12
21-24 of the Harris County Map Records;
21-25 THENCE easterly along the north line of the herein described
21-26 tract, same being the south line of said of CRAWFORD ADDITION,
21-27 passing the southwest corner of a Replat of a Portion of CRAWFORD
22-1 ADDITION, according to the map or plat thereof recorded in Volume
22-2 30, Page 45 of the Harris County Map Records, and continuing along
22-3 the south line of said Replat of a Portion of CRAWFORD ADDITION, to
22-4 a point for corner, on the west line of the Replat of DAVID
22-5 CROCKETT SUBDIVISION, according to the map or plat thereof recorded
22-6 in Volume 31, Page 35 of the Harris County Map Records;
22-7 THENCE southerly along the west line of said Replat of DAVID
22-8 CROCKETT SUBDIVISION, passing the southwest corner of said Replat
22-9 of DAVID CROCKETT SUBDIVISION, also passing along the west
22-10 termination line of Colquitt Street, and continuing along the west
22-11 line of aforesaid Block C of FORRESTER SUBDIVISION to the northwest
22-12 corner of Lot 7 of said Block C;
22-13 THENCE easterly along the common north line of Lots 7, 8, 9,
22-14 10, 11 and 12, respectively, of said Block C to the northeast
22-15 corner of said Lot 12, on the west line of Virginia Street;
22-16 THENCE southerly along the west line of Virginia Street to
22-17 the POINT OF BEGINNING.
22-18 (24) TRACT TWENTY-FOUR:
22-19 A tract of land being comprised of various acreage tracts,
22-20 and also being part of and out Block 3 of MAYFAIR, SECTION TWO, a
22-21 subdivision of land according to the map or plat thereof recorded
22-22 in Volume 998, Page 222 of the Harris County Deed Records, said
22-23 tract being more particularly described by as follows:
22-24 BEGINNING at the intersection of the existing westerly line
22-25 of Eastside Avenue with the existing north line of Richmond Avenue;
22-26 THENCE westerly along the existing north line of Richmond
22-27 Avenue, at a distance of approximately 295 feet pass the east line
23-1 of said Block 3, and continuing to the intersection of the east
23-2 line of Audley Street with the existing north line of Richmond
23-3 Avenue;
23-4 THENCE northerly along the east line of Audley Street to the
23-5 intersection of the south line of Colquitt Avenue with the east
23-6 line of Audley Street;
23-7 THENCE easterly along the south line of Colquitt Avenue to
23-8 the northeast corner of Block 3, on the east termination line of
23-9 Colquitt Avenue;
23-10 THENCE northerly along the east termination of Colquitt
23-11 Avenue, same being the east line of said MAYFAIR, SECTION TWO,
23-12 approximately 150 feet to the northeast corner of Lot 4 of Block 2
23-13 of said MAYFAIR, SECTION TWO, on the south line of MAYFAIR, SECTION
23-14 ONE, a subdivision of land according to the map or plat thereof
23-15 recorded in Volume 998, Page 144 of the Harris County Deed Records;
23-16 THENCE easterly along the south line of said MAYFAIR, SECTION
23-17 ONE, passing the southeast corner of said MAYFAIR, SECTION ONE,
23-18 same being the southwest corner of CRAWFORD ADDITION, according to
23-19 the map or plat thereof recorded in Volume 2, Page 12 of the Harris
23-20 County Map Records, and continuing to the northeast corner of the
23-21 herein described tract, on the existing westerly line of Eastside
23-22 Avenue;
23-23 THENCE southerly along the westerly line of Eastside Avenue
23-24 being a curve to the right approximately 356.59 feet to the POINT
23-25 OF BEGINNING.
23-26 (25) TRACT TWENTY-FIVE:
23-27 A tract of land being comprised of two acreage tracts, and
24-1 also being part of and out of Block 4 of MAYFAIR, SECTION TWO, a
24-2 subdivision of land according to the map or plat thereof recorded
24-3 in Volume 998, Page 222 of the Harris County Deed Records, said
24-4 tract being more particularly described as follows:
24-5 BEGINNING at the intersection of the existing easterly line
24-6 of Buffalo Speedway with the existing northerly line of Richmond
24-7 Avenue;
24-8 THENCE northwesterly along a cutback line for the easterly
24-9 line of Buffalo Speedway, approximately 41.6 feet to an angle
24-10 point;
24-11 THENCE northerly continuing along the easterly line of
24-12 Buffalo Speedway approximately 231.68 feet to the northwest corner
24-13 of the herein described tract;
24-14 THENCE easterly along the northerly line of the herein
24-15 described tract, along the south line of the RIVER OAKS APARTMENTS,
24-16 a subdivision of land according to the map or plat thereof recorded
24-17 in Volume 345, Page 25 of the Harris County Map Records,
24-18 approximately 530.66 feet to a point for corner, on the west
24-19 termination line of Colquitt Avenue, same being the west line of
24-20 aforesaid MAYFAIR, SECTION TWO;
24-21 THENCE southerly along the west line of said MAYFAIR, SECTION
24-22 TWO, same being the west termination line of Colquitt Avenue, to
24-23 the northwest corner of Block 4 of said MAYFAIR, SECTION TWO;
24-24 THENCE easterly along the south line of Colquitt Avenue to
24-25 intersection of the west line of Audley Street with the south line
24-26 of Colquitt Avenue;
24-27 THENCE southerly along the west line of Audley Street to the
25-1 intersection of the existing northerly line of Richmond Avenue with
25-2 the west line of Audley Street;
25-3 THENCE westerly along the existing northerly line of Richmond
25-4 Avenue to the POINT OF BEGINNING.
25-5 (26) TRACT TWENTY-SIX:
25-6 A tract of land being comprised of various acreage tracts,
25-7 and being part of and out of MAYFAIR, SECTION 2, a subdivision of
25-8 land according to the map or plat thereof recorded in Volume 998,
25-9 Page 222 of the Harris County Deed Records, and also being part of
25-10 and out of PARKFRONT PLAZA, SECTION 1, a subdivision of land
25-11 according to the map or plat recorded in Volume 48, Page 69 of the
25-12 Harris County Map Records, and also being part of and out of
25-13 PARKFRONT PLAZA, SECTION 2, a subdivision of land according to the
25-14 map or plat thereof recorded in Volume 54, Page 53 of the Harris
25-15 County Map Records, said tract being more particularly described as
25-16 follows:
25-17 BEGINNING at the intersection of the existing southerly line
25-18 of Richmond Avenue with the easterly line of Buffalo Speedway;
25-19 THENCE easterly along the existing southerly line of Richmond
25-20 Avenue, passing the west line of said MAYFAIR, SECTION 2, and
25-21 continuing to the intersection of the west line of Wakeforest
25-22 Street with the existing south line of Richmond Avenue;
25-23 THENCE southerly along the west line of Wakeforest Street,
25-24 approximately 385.58 feet to a re-entrant in said west line of
25-25 Wakeforest Street;
25-26 THENCE westerly along a northerly line of Wakeforest Street,
25-27 approximately 32.5 feet to a re-entrant corner of Wakeforest
26-1 Street;
26-2 THENCE southerly along the west line of Wakeforest Street,
26-3 approximately 648.33 feet to the intersection of the existing
26-4 northerly line of U.S. Highway 59 South with the west line of
26-5 Wakeforest Street;
26-6 THENCE in westerly and southwesterly directions along the
26-7 existing northerly line of U.S. Highway 59 South to the southerly
26-8 termination of a cutback line at the northeast corner of Buffalo
26-9 Speedway and U.S. Highway 59 South;
26-10 THENCE northwesterly along said cutback line at the northeast
26-11 corner of Buffalo Speedway and U.S. Highway 59 South, approximately
26-12 70.13 feet to the northerly termination of said cutback line;
26-13 THENCE, continuing northwesterly, along the existing easterly
26-14 line of Buffalo Speedway to the POINT OF BEGINNING, "save and
26-15 except" all public street or public rights-of-way areas contained
26-16 therein, including Eastside Avenue, Norfolk Street, Audley Drive
26-17 and Portsmouth Street.
26-18 (27) TRACT TWENTY-SEVEN:
26-19 A tract of land being part of and out of Block 2 of 2701
26-20 RICHMOND AVENUE, a subdivision of land according to the map or plat
26-21 thereof recorded in Volume 151, Page 55 of the Harris County Map
26-22 Records, said tract being more particularly described as follows:
26-23 BEGINNING at the intersection of the existing southerly line
26-24 of Richmond Avenue with the existing west line of Kirby Drive;
26-25 THENCE southerly along the existing west line of Kirby Drive
26-26 to the intersection of the north line of Norfolk Avenue with the
26-27 existing west line of Kirby Drive;
27-1 THENCE westerly along the north line of Norfolk Avenue to the
27-2 intersection of the east line of Lake Street with the north line of
27-3 Norfolk Avenue;
27-4 THENCE northerly along the east line of Lake Street to the
27-5 intersection of the existing southerly line of Richmond Avenue with
27-6 the east line of Lake Street;
27-7 THENCE easterly along the courses of the existing southerly
27-8 line of Richmond Avenue to the POINT OF BEGINNING.
27-9 (28) TRACT TWENTY-EIGHT:
27-10 A tract of land being part of and out of Block 1 of MARIAN
27-11 SUBDIVISION, according to the map or plat thereof recorded in
27-12 Volume 292, Page 520 of the Harris County Deed Records, said tract
27-13 being more particularly described as follows:
27-14 BEGINNING at the intersection of the existing southerly line
27-15 of Richmond Avenue with the existing east line of Kirby Drive;
27-16 THENCE easterly along the existing southerly line of Richmond
27-17 Avenue to the intersection of the west line of Park Street with the
27-18 existing southerly line of Richmond Avenue;
27-19 THENCE southerly along the west line of Park Street to the
27-20 intersection of the north line of Portsmouth Avenue with the west
27-21 line of Park Street;
27-22 THENCE westerly along the north line of Portsmouth Avenue to
27-23 the intersection of the existing east line of Kirby Drive with the
27-24 north line of Portsmouth Avenue;
27-25 THENCE northerly along the existing east line of Kirby Drive
27-26 to the POINT OF BEGINNING.
27-27 (29) TRACT TWENTY-NINE:
28-1 A tract of land being part of and out of Block 2 of MARIAN
28-2 SUBDIVISION, according to the map or plat thereof recorded in
28-3 Volume 292, Page 520 of the Harris County Deed Records, said tract
28-4 being more particularly described as follows:
28-5 BEGINNING at the intersection of the existing southerly line
28-6 of Richmond Avenue with the east line of Park Street;
28-7 THENCE easterly along the existing southerly line of Richmond
28-8 Avenue to the intersection of the west line of Revere Street with
28-9 the existing southerly line of Richmond Avenue;
28-10 THENCE southerly along the west line of Revere Street to the
28-11 intersection of the north line of Portsmouth Avenue with the west
28-12 line of Revere Street;
28-13 THENCE westerly along the north line of Portsmouth Avenue to
28-14 the intersection of the east line of Park Street with the north
28-15 line of Portsmouth Avenue;
28-16 THENCE northerly along the east line of Park Street to the
28-17 POINT OF BEGINNING.
28-18 (30) TRACT THIRTY:
28-19 A tract of land being part of and out of Lots 5 thru 11,
28-20 Block 3 of COLQUITT COURT, SECTION 2, a subdivision of land
28-21 according to the map or plat thereof recorded in Volume 17, Page 60
28-22 of the Harris County Map Records, and also being part of and out of
28-23 the SHOPS AT GREENBRIAR & RICHMOND, a subdivision of land according
28-24 to the map or plat thereof recorded in Volume 332, Page 150 of the
28-25 Harris County Map Records, and also being part of and out of those
28-26 tracts of land heretofore described in Clerk's File No. F070767 of
28-27 the Harris County Clerk's Official Public Records of Real Property,
29-1 and being part of and out of Lots 1 thru 7, Block 7 of MARIAN
29-2 SUBDIVISION, a subdivision of land according to the map or plat
29-3 recorded in Volume 292, Page 520 of the Harris County Deed Records,
29-4 said tract being more particularly described as follows:
29-5 BEGINNING at the intersection of the existing southerly line
29-6 of Richmond Avenue with the east line of Revere Street;
29-7 THENCE along the existing southerly line of Richmond Avenue
29-8 to the northerly termination point of a cutback for the existing
29-9 west line of Greenbriar Drive;
29-10 THENCE southeasterly along the said cutback line for
29-11 Greenbriar Drive to the southerly termination of said cutback line;
29-12 THENCE southerly along the existing west line of Greenbriar
29-13 Drive to the northerly termination of a cutback line for Portsmouth
29-14 Avenue;
29-15 THENCE southwesterly along the said cutback line for
29-16 Portsmouth Avenue to the southerly termination of said cutback
29-17 line;
29-18 THENCE westerly along the north line of Portsmouth Avenue to
29-19 the southwest corner of said SHOPS AT GREENBRIAR & RICHMOND
29-20 subdivision;
29-21 THENCE northerly along the west line of said SHOPS AT
29-22 GREENBRIAR & RICHMOND subdivision to a re-entrant corner of said
29-23 SHOPS AT GREENBRIAR & RICHMOND subdivision;
29-24 THENCE westerly along a south line of said SHOPS AT
29-25 GREENBRIAR & RICHMOND subdivision passing the most northerly
29-26 southwest corner of said SHOPS AT GREENBRIAR & RICHMOND
29-27 subdivision, and continuing along the south line of aforesaid Lots
30-1 5 thru 11, respectively, Block 3 of COLQUITT COURT, SECTION 2 to
30-2 the southwest corner of said Lot 12;
30-3 THENCE northerly along the west line of said Block 3 to the
30-4 southeast corner of the aforesaid tract described in Clerk's File
30-5 No. F070767;
30-6 THENCE westerly along the south line of said tract described
30-7 in Clerk's File No. F070767, and continuing along the south line of
30-8 aforesaid Lots 1 thru 7, respectively, of Block 7 of MARIAN
30-9 SUBDIVISION, to a point for corner, on the east line of Revere
30-10 Street;
30-11 THENCE northerly along the east line of Revere Street to the
30-12 POINT OF BEGINNING, "save and except" any land contained within Lot
30-13 12, Block 3 of aforesaid COLQUITT COURT.
30-14 (31) TRACT THIRTY-ONE:
30-15 A tract of land being part of and out Block 4 of MARIAN
30-16 SUBDIVISION, according to the map or plat thereof recorded in
30-17 Volume 292, Page 520 of the Harris County Deed Records, said tract
30-18 being more particularly described as follows:
30-19 BEGINNING at the intersection of the south line of Portsmouth
30-20 Avenue with the east line of Park Street;
30-21 THENCE easterly along the south line of Portsmouth Avenue to
30-22 the intersection of the west line of Revere Street with the south
30-23 line of Portsmouth Avenue;
30-24 THENCE southerly along the west line of Revere Street to the
30-25 intersection of the north line Norfolk Street with the west line of
30-26 Revere Street;
30-27 THENCE westerly along the north line of Norfolk Street to the
31-1 intersection of the east line of Park Street with the north line of
31-2 Norfolk Street;
31-3 THENCE northerly along the east line of Park Street to the
31-4 POINT OF BEGINNING.
31-5 (32) TRACT THIRTY-TWO:
31-6 A tract of land being part of and out of Block 3 of MARIAN
31-7 SUBDIVISION, according to the map or plat thereof recorded in
31-8 Volume 292, Page 520 of the Harris County Deed Records, said tract
31-9 being more particularly described as follows:
31-10 BEGINNING at the intersection of the existing east line of
31-11 Kirby Drive with the south line of Portsmouth Avenue;
31-12 THENCE easterly along the south line of Portsmouth Avenue to
31-13 the intersection of the west line of Park Street with the south
31-14 line of Portsmouth Avenue;
31-15 THENCE southerly along the west line of Park Street to the
31-16 intersection of the north line of Norfolk Street with the west line
31-17 of Park Street;
31-18 THENCE westerly along the north line of Norfolk Street to the
31-19 intersection of the existing east line of Kirby Drive with the
31-20 north line of Norfolk Street;
31-21 THENCE northerly along the existing east line of Kirby Drive
31-22 to the POINT OF BEGINNING.
31-23 (33) TRACT THIRTY-THREE:
31-24 A tract of land being various acreage tracts, and also being
31-25 part of and out of Plots No. 1 and No. 4 of GREENBRIAR COURT, a
31-26 subdivision of land according to the map or plat thereof recorded
31-27 in Volume 24, Page 54 of the Harris County Map Records, said tract
32-1 being more particularly described as follows:
32-2 BEGINNING at the intersection of the existing northerly line
32-3 of U.S. Highway 59 South with the existing westerly line for
32-4 Greenbriar Drive;
32-5 THENCE westerly along the existing northerly line of U.S.
32-6 Highway 59 South, approximately 25 feet to an angle point;
32-7 THENCE southwesterly continuing along the existing northerly
32-8 line of U.S. Highway 59 South, approximately 393.51 feet to an
32-9 angle point;
32-10 THENCE westerly continuing along the existing northerly line
32-11 of U.S. Highway 59 South, approximately 265.3 feet to the
32-12 intersection of the east line of Morningside Drive with the
32-13 existing northerly line of U.S. Highway 59 South;
32-14 THENCE northerly along the east line of Morningside Drive,
32-15 approximately 325.65 feet to the northwest corner of the herein
32-16 described tract, same being the southwest corner of NORFOLK COURT,
32-17 a subdivision of land according to the map or plat thereof recorded
32-18 in Volume 46, Page 66 of the Harris County Map Records;
32-19 THENCE easterly along the south line of said NORFOLK COURT to
32-20 the southeast corner of said NORFOLK COURT, same being the
32-21 southwest corner of aforesaid GREENBRIAR COURT;
32-22 THENCE northerly along the west line of GREENBRIAR COURT to
32-23 the northwest corner of aforesaid Plot No. 1 of GREENBRIAR COURT,
32-24 on the southerly line of Norfolk Street;
32-25 THENCE easterly along the various courses of the southerly
32-26 line of Norfolk Street to the intersection of the existing west
32-27 line of Greenbriar Drive with the southerly line of Norfolk Street;
33-1 THENCE southerly along the existing west line of Greenbriar
33-2 Drive to the POINT OF BEGINNING.
33-3 (34) TRACT THIRTY-FOUR:
33-4 A tract of land being comprised of various acreage tracts and
33-5 being part of and out of GRETNA COURTS, a subdivision of land
33-6 according to the map or plat recorded in Volume 34, Page 45 of the
33-7 Harris County Map Records, and also being part of and out of Lots 1
33-8 thru 6, Block 5, and Lots 1 thru 6, Block 6, and Reserve A, lying
33-9 between said Blocks 5 and 6, of MARIAN ADDITION, a subdivision of
33-10 land according to the map or plat thereof recorded in Volume 292,
33-11 Page 520 of the Harris County Deed Records, and also being a
33-12 Reserve tract lying between Block 6 and 9 of said MARIAN ADDITION
33-13 as cited in Clerk's File No. L992707 of the Harris County Clerk's
33-14 Official Public Records of Real Property, said tract being more
33-15 particularly described as follows:
33-16 BEGINNING at the intersection of the existing east line of
33-17 Kirby Drive with the existing northerly line of U.S. Highway 59
33-18 South;
33-19 THENCE northerly along the existing east line of Kirby Drive
33-20 to the intersection of the south line of Norfolk Street with the
33-21 existing east line of Kirby Drive;
33-22 THENCE easterly along the south line of Norfolk Street to the
33-23 northeast corner of said Reserve tract lying between Blocks 6 and 9
33-24 of MARIAN ADDITION as cited in Clerk's File No. L992707;
33-25 THENCE southerly along the east line of said Reserve tract as
33-26 cited in Clerk's File No. L992707 to the southeast corner of said
33-27 Reserve tract, on the south line of said MARIAN ADDITION;
34-1 THENCE easterly along the south line of said MARIAN
34-2 SUBDIVISION to the intersection of the west line of Morningside
34-3 Drive with the south line of said MARIAN SUBDIVISION;
34-4 THENCE southerly along the west line of Morningside Drive to
34-5 the intersection of existing northerly line of U.S. Highway 59
34-6 South with the west line of Morningside Drive;
34-7 THENCE westerly along the existing northerly line of U.S.
34-8 Highway 59 South to the POINT OF BEGINNING, "save and except" all
34-9 public streets and rights-of-way including Algerian Way and Lomitas
34-10 Avenue.
34-11 (35) TRACT THIRTY-FIVE:
34-12 A tract of land being comprised of various acreage tracts,
34-13 and also being part of and out of CHATHAM PLACE ADDITION, a
34-14 subdivision of land according to the map or plat thereof recorded
34-15 in Volume 31, Page 30 of the Harris County Map Records, and also
34-16 being part of and out of a Partial Re-plat of 0.8639 Acres out of
34-17 WOODMONT ADDITION BLOCK 1, a subdivision of land according to the
34-18 map or plat thereof recorded in Volume 214, Page 77 of the Harris
34-19 County Map Records, said tract being more particularly described as
34-20 follows:
34-21 BEGINNING at the intersection of the existing northerly line
34-22 of U.S. Highway 59 South with the existing westerly line of Kirby
34-23 Drive;
34-24 THENCE westerly along the existing northerly line of U.S.
34-25 Highway 59 South, at approximately 568.8 feet pass the east line of
34-26 Virginia Street, and continuing to the intersection of the east
34-27 line of Wakeforest Street with the existing northerly line of U.S.
35-1 Highway 59 South;
35-2 THENCE northerly along the east line of Wakeforest Street to
35-3 the intersection of the south line of Lexington Street with the
35-4 east line of Wakeforest Street;
35-5 THENCE easterly along the south line of Lexington Street to
35-6 the intersection of the east line of the aforesaid Virginia Street,
35-7 same being the east termination line of said Lexington Street, with
35-8 the south line of Lexington Street;
35-9 THENCE northerly along the east termination line of said
35-10 Lexington Street, passing the northerly point of the east
35-11 termination line, same being the most southerly southeast corner of
35-12 the MADISON PLACE TOWNHOUSE SUBDIVISION according to the map or
35-13 plat thereof recorded in Clerk's Film Code NO. 150-31-0193 in the
35-14 Harris County Clerk's Official Public Records of Real Property, and
35-15 continuing along an easterly line of said MADISON PLACE TOWNHOUSE
35-16 SUBDIVISION to a re-entrant corner of subdivision;
35-17 THENCE easterly along the south line of said MADISON PLACE
35-18 TOWNHOUSE SUBDIVISION to the most southerly southeast corner of
35-19 said subdivision, same being the southwest corner of aforesaid
35-20 Partial Re-plat of 0.8639 Acres out of WOODMONT ADDITION BLOCK 1;
35-21 THENCE northerly along the most easterly line of said MADISON
35-22 PLACE TOWNHOUSE SUBDIVISION, same being the west line of said
35-23 Partial Re-plat of 0.8639 Acres out of WOODMONT ADDITION BLOCK 1,
35-24 to the intersection of the south line of Norfolk Street with the
35-25 west line of Lake Street;
35-26 THENCE easterly along the south line of Norfolk Street to the
35-27 intersection of a cutback line for Kirby Drive with the south line
36-1 of Norfolk Street;
36-2 THENCE southerly along the existing line of Kirby Drive to an
36-3 angle point;
36-4 THENCE southwesterly continuing along the existing line of
36-5 Kirby Drive, approximately 70.30 feet to the POINT OF BEGINNING,
36-6 "save and except" all public streets and rights-of-way contained
36-7 therein including Virginia Street.
36-8 (36) TRACT THIRTY-SIX:
36-9 A tract of land being comprised of various acreage tracts,
36-10 said tract being more particularly described as follows:
36-11 BEGINNING at the intersection of the existing southerly line
36-12 of U.S. Highway 59 South with the easterly line of Buffalo
36-13 Speedway;
36-14 THENCE easterly along the existing southerly line of U.S.
36-15 Highway 59 South, approximately 464.12 feet to the northwest corner
36-16 of LEMANS TOWNHOME CONDOMINIUMS, a subdivision according to the map
36-17 or plat thereof recorded in Volume 104, Page 118 of the Harris
36-18 County Condominium Records;
36-19 THENCE southerly along the west line of said LEMANS TOWNHOME
36-20 CONDOMINIUMS to the southwest corner of said LEMANS TOWNHOME
36-21 CONDOMINIUMS, on the northerly line of a T&NO railroad
36-22 right-of-way;
36-23 THENCE southwesterly along the northerly line of said T&NO
36-24 railroad right-of-way to the intersection of the easterly line of
36-25 Buffalo Speedway with the northerly line of said T&NO railroad
36-26 right-of-way;
36-27 THENCE northerly along the easterly line of Buffalo Speedway,
37-1 approximately 209 feet to an angle point;
37-2 THENCE northeasterly continuing along the easterly line of
37-3 Buffalo Speedway, approximately 73.35 feet to the POINT OF
37-4 BEGINNING.
37-5 (37) TRACT THIRTY-SEVEN:
37-6 A tract of land being comprised of various acreage tracts,
37-7 said tract being more particularly described as follows:
37-8 BEGINNING at the intersection of the existing southerly line
37-9 of U.S. Highway 59 South with the west line of Wakeforest Street;
37-10 THENCE southerly along the west line of Wakeforest Street,
37-11 approximately 352.87 feet to the intersection of the northerly line
37-12 of a T&NO railroad right-of-way with the west line of Wakeforest
37-13 Street;
37-14 THENCE southwesterly along the northerly line of said T&NO
37-15 railroad right-of-way, approximately 1,063.61 feet to the southeast
37-16 corner of the LEMANS TOWNHOME CONDOMINIUMS, a subdivision of land
37-17 according to the map or plat thereof recorded in Volume 104, Page
37-18 118 of the Harris County Condominium Records;
37-19 THENCE northerly along the east line of said LEMANS TOWNHOME
37-20 CONDOMINIUMS to the northeast corner of said LEMANS TOWNHOME
37-21 CONDOMINIUMS, on the existing southerly line of U.S. Highway 59
37-22 South;
37-23 THENCE easterly along the various courses of the existing
37-24 southerly line of U.S. Highway 59 South to the POINT OF BEGINNING.
37-25 (38) TRACT THIRTY-EIGHT:
37-26 A tract of land being comprised of various acreage tracts,
37-27 said tract being more particularly described as follows:
38-1 BEGINNING at the intersection of the existing southerly line
38-2 of U.S. Highway 59 South with the existing westerly line of Kirby
38-3 Drive;
38-4 THENCE southeasterly along the existing westerly line of
38-5 Kirby Drive, approximately 70.67 feet to an angle point;
38-6 THENCE southerly continuing along the existing westerly line
38-7 of Kirby Drive, approximately 188.97 feet to the intersection of
38-8 the northerly line of a T&NO railroad right-of-way with the
38-9 existing west line of Kirby Drive;
38-10 THENCE southwesterly along the northerly line of said T&NO
38-11 railroad right-of-way to the intersection of the east line of
38-12 Wakeforest Street with the northerly line of said T&NO railroad
38-13 right-of-way;
38-14 THENCE northerly along the east line of Wakeforest Street,
38-15 approximately 348.89 feet to the intersection of the existing
38-16 southerly line of U.S. Highway 59 South with the east line of
38-17 Wakeforest Street;
38-18 THENCE easterly along the courses of the existing southerly
38-19 line of U.S. Highway 59 South to the POINT OF BEGINNING.
38-20 (39) TRACT THIRTY-NINE:
38-21 A tract of land being comprised of several acreage tracts and
38-22 also all of SOUTHEAST KIRBY/59, a subdivision of land according to
38-23 the map or plat thereof recorded in Volume 346, Page 46 of the
38-24 Harris County Map Records, said tract being more particularly
38-25 described as follows:
38-26 BEGINNING at the intersection of the existing southerly line
38-27 of U.S. Highway 59 South with the existing easterly line of Kirby
39-1 Drive, same being the northwest corner of said SOUTHEAST KIRBY/59;
39-2 THENCE easterly along the courses of the existing southerly
39-3 line of U.S. Highway 59 South, approximately 1,677.41 feet to an
39-4 angle point;
39-5 THENCE southeasterly along a cutback line at the southwest
39-6 corner of said U.S. Highway 59 South and Greenbriar Drive,
39-7 approximately 68.54 feet to the southerly termination point of said
39-8 cutback line, on the existing west line of Greenbriar Drive;
39-9 THENCE southerly along the existing west line of Greenbriar
39-10 Drive, approximately 118.61 feet to a point for corner;
39-11 THENCE southwesterly along the northerly line of a T&N0
39-12 railroad right-of-way, approximately 1,110.83 feet to a point for
39-13 corner, being a re-entrant corner in said railroad right-of-way;
39-14 THENCE northerly along said railroad right-of-way to the
39-15 southeast corner of aforesaid SOUTHEAST KIRBY/59;
39-16 THENCE southwesterly along the southerly line of said
39-17 SOUTHEAST KIRBY/59, same being the northerly line of said T&NO
39-18 railroad right-of-way, approximately 653.22 feet to the
39-19 intersection of the existing east line of Kirby Drive with the
39-20 northerly line of said T&NO railroad right-of-way, same being the
39-21 southwest corner of said SOUTHEAST KIRBY/59;
39-22 THENCE northerly along the courses of the existing east line
39-23 of Kirby Drive, for an approximate total distance of 240.14 feet to
39-24 the POINT OF BEGINNING.
39-25 (40) TRACT FORTY:
39-26 A tract of land being comprised of various acreage tracts,
39-27 said tract being more particularly described as follows:
40-1 BEGINNING at the intersection of the north line of MELLON
40-2 SUBDIVISION according to the map or plat thereof recorded in Volume
40-3 572, Page 276 of the Harris County Deed Records with the existing
40-4 east line of Kirby Drive;
40-5 THENCE northerly along the existing east line of Kirby Drive,
40-6 approximately 362.7 feet to a point for corner;
40-7 THENCE northeasterly along the northerly line of the herein
40-8 described tract, approximately 675.31 feet to a point for corner;
40-9 THENCE northerly for a distance of 29.58 feet to a point for
40-10 corner;
40-11 THENCE northeasterly along the northerly line of the herein
40-12 described tract, approximately 1,113.43 feet to a point for corner,
40-13 on the existing west line of Greenbriar Drive;
40-14 THENCE southerly along the west line of Greenbriar Drive,
40-15 approximately 502.10 feet to the intersection of the north line of
40-16 Block 1 of GREENBRIAR SUBDIVISION, according to the map or plat
40-17 thereof recorded in Volume 998, Page 411 of the Harris County Deed
40-18 Records with the west line of Greenbriar Drive;
40-19 THENCE westerly along the north line of said Block 1 to the
40-20 northwest corner of said GREENBRIAR SUBDIVISION;
40-21 THENCE southerly along the west line of said GREENBRIAR
40-22 SUBDIVISION, to the northeast corner of Lot 11, Block 2 of
40-23 aforesaid MELLON SUBDIVISION;
40-24 THENCE westerly along the north line of said MELLON
40-25 SUBDIVISION to the POINT OF BEGINNING.
40-26 (41) TRACT FORTY-ONE:
40-27 A tract of land being part of and out of Block 1 of MELLON
41-1 SUBDIVISION, according to the map or plat thereof recorded in
41-2 Volume 572, Page 276 of the Harris County Deed Records, said tract
41-3 being more particularly described by metes and bounds as follows:
41-4 BEGINNING at the intersection of the north line of said
41-5 MELLON SUBDIVISION with the existing east line of Kirby Drive;
41-6 THENCE easterly along the north line of said MELLON
41-7 SUBDIVISION to the northeast corner of Lot 10, Block 1 of said
41-8 MELLON SUBDIVISION;
41-9 THENCE southerly along the east line of said Lot 10 to the
41-10 southeast corner of said Lot 10, on the north line of North
41-11 Boulevard;
41-12 THENCE westerly along the north line of North Boulevard to
41-13 the intersection of the existing east line of Kirby Drive with the
41-14 north line of North Boulevard;
41-15 THENCE northerly along the existing line of Kirby Drive to
41-16 the POINT OF BEGINNING.
41-17 (42) TRACT FORTY-TWO:
41-18 A tract of land being part of and out of Block 3 of MELLON
41-19 SUBDIVISION, according to the map or plat thereof recorded in
41-20 Volume 572, Page 276 of the Harris County Deed Records, said tract
41-21 being more particularly described as follows:
41-22 BEGINNING at the intersection of the existing east line of
41-23 Kirby Drive with the south line of North Boulevard;
41-24 THENCE easterly along the south line of North Boulevard to
41-25 the intersection of the west line of Mellon Street with the south
41-26 line of North Boulevard;
41-27 THENCE southerly along the west line of Mellon Street to the
42-1 intersection of the north line of Bartlett Avenue with the west
42-2 line of Mellon Street;
42-3 THENCE westerly along the north line of Bartlett Avenue to
42-4 the intersection of the existing east line of Kirby Drive with the
42-5 north line of Bartlett Avenue;
42-6 THENCE northerly along the existing east line of Kirby Drive
42-7 to the POINT OF BEGINNING.
42-8 (43) TRACT FORTY-THREE:
42-9 A tract of land being part of and out of Block 5 of MELLON
42-10 SUBDIVISION, according to the map or plat thereof recorded in
42-11 Volume 572, Page 276 of the Harris County Deed Records, and being
42-12 part of and out of Block 1 of MONONA COURT, a subdivision of land
42-13 according to the map or plat thereof recorded in Volume 7, Page 69
42-14 of the Harris County Map Records, said tract being more
42-15 particularly described as follows:
42-16 BEGINNING at the intersection of the existing east line of
42-17 Kirby Drive with the south line of Bartlett Avenue;
42-18 THENCE easterly along the south line of Bartlett Avenue to
42-19 the Northeast corner of Lot 10, Block 5 of said MELLON SUBDIVISION;
42-20 THENCE southerly along the east line of said Lot 10, Block 5
42-21 of MELLON SUBDIVISION to the southeast corner of said Lot 10, Block
42-22 5 of MELLON SUBDIVISION, and continuing across a reserve or strip
42-23 of land lying between said MELLON SUBDIVISION and MONONA COURT, a
42-24 subdivision of land according to the map or plat recorded in Volume
42-25 7, Page 69 of the Harris County Map Records, to the northeast
42-26 corner of Lot 10, Block 1 of said MONONA COURT;
42-27 THENCE southerly along the east line of said Lot 10, Block 1
43-1 of MONONA COURT, to the southeast corner of said Lot 10, Block 1 of
43-2 MONONA COURT, on the north line of South Boulevard;
43-3 THENCE westerly along the north line of South Boulevard to
43-4 the intersection of the existing east line of Kirby Drive with the
43-5 north line of South Boulevard;
43-6 THENCE northerly along the existing east line of Kirby Drive
43-7 to the POINT OF BEGINNING, "save and except" all public streets or
43-8 rights-of-way or drainage ways contained therein.
43-9 (44) TRACT FORTY-FOUR:
43-10 A tract of land being part of and out of Block 2 of MONONA
43-11 COURT, a subdivision of land according to the map or plat thereof
43-12 recorded in Volume 7, Page 69 of the Harris County Map Records,
43-13 said tract being more particularly described as follows:
43-14 BEGINNING at the intersection of the existing east line of
43-15 Kirby Drive with the south line of South Boulevard;
43-16 THENCE easterly along the south line of South Boulevard to
43-17 the northeast corner of Lot 19 of said Block 2;
43-18 THENCE southerly along the east line of said Lot 19, and the
43-19 east line of Lot 20, respectively, to the southeast corner of said
43-20 Lot 20, on the north line of Bissonnet Avenue;
43-21 THENCE westerly along the north line of Bissonnet Avenue to
43-22 the intersection of the existing east line of Kirby Drive with the
43-23 north line of Bissonnet Avenue;
43-24 THENCE northerly along the existing east line of Kirby Drive
43-25 to the POINT OF BEGINNING.
43-26 (45) TRACT FORTY-FIVE:
43-27 A tract of land being comprised of two acreage tracts, said
44-1 tract being more particularly described as follows:
44-2 BEGINNING at the intersection of the existing west line of
44-3 Kirby Drive with the north line of Milford Street;
44-4 THENCE westerly along the north line of Milford Street,
44-5 approximately 713.27 feet to a point for corner;
44-6 THENCE northerly along the east line of Milford Street,
44-7 approximately 149.9 feet to a point for corner;
44-8 THENCE northeasterly along the northerly line of the herein
44-9 described tract, approximately 723.5 feet to a point for corner, on
44-10 the existing west line of Kirby Drive;
44-11 THENCE southerly along the existing west line of Kirby Drive,
44-12 approximately 200.9 feet to the POINT OF BEGINNING.
44-13 (46) TRACT FORTY-SIX:
44-14 A tract of land being comprised of various acreage tracts,
44-15 said tract being more particularly described as follows:
44-16 BEGINNING at the intersection of the existing west line of
44-17 Kirby Drive with the southerly line of Milford Street;
44-18 THENCE southerly along the existing west line of Kirby Drive,
44-19 approximately 250 feet to the intersection of the north line of
44-20 North Boulevard with the existing west line of Kirby Drive;
44-21 THENCE westerly along the north line of North Boulevard,
44-22 approximately 200 feet to the southeast corner of KIRBY PLACE U/R
44-23 tract as described in Clerk's File No. J827892 of the Harris County
44-24 Clerk's Official Public Records of Real Property;
44-25 THENCE northerly along the east line of said KIRBY PLACE U/R
44-26 tract to the northeast corner of said KIRBY PLACE U/R tract;
44-27 THENCE westerly along the northerly line of said KIRBY PLACE
45-1 U/R tract to the northwest corner of said KIRBY PLACE U/R tract, on
45-2 the east line of Dincans Street;
45-3 THENCE northerly along the east line of Dincans Street to the
45-4 intersection of the south line of Milford Street with the east line
45-5 of Dincans Street;
45-6 THENCE easterly along the south line of Milford Street,
45-7 approximately 537.8 feet to an angle point;
45-8 THENCE southeasterly continuing along a cutback in the
45-9 southerly line of Milford Street to the POINT OF BEGINNING.
45-10 (47) TRACT FORTY-SEVEN:
45-11 A tract of land being comprised of various acreage tracts,
45-12 said tract being more particularly described as follows:
45-13 BEGINNING at the intersection of the existing west line of
45-14 Kirby Drive with the south line of North Boulevard;
45-15 THENCE southerly along the existing west line of Kirby Drive,
45-16 approximately 730 feet to the intersection of the existing north
45-17 line of Bissonnet Avenue with the existing west line of Kirby
45-18 Drive;
45-19 THENCE westerly along the existing north line of Bissonnet
45-20 Avenue to the intersection of the east line of Dincans Street with
45-21 the existing north line of Bissonnet Avenue;
45-22 THENCE northerly along the east line of Dincans Street,
45-23 approximately 730 feet to the intersection of the south line of
45-24 North Boulevard with the east line of Dincans Street;
45-25 THENCE easterly along the south line of North Boulevard,
45-26 approximately 561 feet to the POINT OF BEGINNING.
45-27 (48) TRACT FORTY-EIGHT:
46-1 A tract of land being comprised of various acreage tracts,
46-2 said tract being more particularly described as follows:
46-3 BEGINNING at the intersection of the existing north line of
46-4 Bissonnet Avenue with the west line of Dincans Street;
46-5 THENCE westerly along the existing north line of Bissonnet
46-6 Avenue to the intersection of the east line of Wakeforest Street
46-7 with the existing north line of Bissonnet Avenue;
46-8 THENCE northerly along the east line of Wakeforest Street to
46-9 the intersection of the southerly line of Westpark Drive with the
46-10 east line of Wakeforest Street;
46-11 THENCE northeasterly along the southerly line of Westpark
46-12 Drive to the intersection of west line of Milford Street with the
46-13 southerly line of Westpark Drive;
46-14 THENCE southerly along the west line of Milford Street,
46-15 approximately 131.04 feet to a re-entrant corner of said Milford
46-16 Street;
46-17 THENCE easterly along the south line of Milford Street,
46-18 approximately 141.38 feet to the intersection of the west line of
46-19 Dincans Street with the south line of Milford Street;
46-20 THENCE southerly along the west line of Dincans Street to the
46-21 POINT OF BEGINNING.
46-22 (49) TRACT FORTY-NINE:
46-23 A tract of land being comprised of several acreage tracts,
46-24 and also being part of and out of BISSONNET CENTER, SECTION THREE
46-25 (3), a subdivision of land according to he map or plat thereof
46-26 recorded in Volume 43, Page 75 of the Harris County Map Records,
46-27 said tract being more particularly described as follows:
47-1 BEGINNING at the intersection of the existing north line of
47-2 Bissonnet Avenue with the west line of Wakeforest Street;
47-3 THENCE westerly along the existing north line of Bissonnet
47-4 Avenue, at approximately 798.45 feet pass the east line of Belmont
47-5 Street, and continuing across Belmont Street to the intersection of
47-6 the east line of Buffalo Speedway with the existing north line of
47-7 Bissonnet Avenue;
47-8 THENCE northerly along the east line of Buffalo Speedway, at
47-9 approximately 745.6 feet pass the south line of Purdue Street, and
47-10 continuing across Purdue Street, along and with the existing east
47-11 line of Buffalo Speedway to the intersection of the southerly line
47-12 of Westpark Drive with the existing east line of Buffalo Speedway;
47-13 THENCE northeasterly along the southerly line of Westpark
47-14 Drive to the intersection of the west line of Wakeforest Street
47-15 with the southerly line of Westpark Drive;
47-16 THENCE southerly along the west line of Wakeforest Street,
47-17 approximately 1,307.6 feet to the POINT OF BEGINNING, "save and
47-18 except" all public streets and rights-of-way included therein
47-19 including Purdue Street, Belmont Street and South Boulevard.
47-20 (b) The district may annex or exclude land from the district
47-21 in the manner provided by Subchapter C, Chapter 375, Local
47-22 Government Code.
47-23 (c) A current description of the district's boundaries shall
47-24 be filed with the Texas Natural Resource Conservation Commission.
47-25 A mistake in the description of the district's boundaries may be
47-26 corrected by order of the commission.
47-27 Sec. 376.125. FINDINGS RELATING TO BOUNDARIES. The
48-1 boundaries and field notes of the district form a closure. If a
48-2 mistake is made in the field notes or in copying the field notes in
48-3 the legislative process, the mistake does not in any way affect
48-4 the:
48-5 (1) organization, existence, and validity of the
48-6 district;
48-7 (2) right of the district to issue any type of bonds
48-8 or refunding bonds for a purpose for which the district is created
48-9 or to pay the principal of and interest on the bonds;
48-10 (3) right of the district to impose and collect
48-11 assessments or taxes; or
48-12 (4) legality or operation of the district or governing
48-13 body.
48-14 Sec. 376.126. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
48-15 All the land and other property included in the district will be
48-16 benefited by the improvements and services to be provided by the
48-17 district under powers conferred by Section 52, Article III, Section
48-18 59, Article XVI, and Section 52-a, Article III, Texas Constitution,
48-19 and other powers granted under this subchapter. The district is
48-20 created to serve a public use and benefit.
48-21 (b) The creation of the district is in the public interest
48-22 and is essential to:
48-23 (1) further the public purposes of the development and
48-24 diversification of the economy of the state; and
48-25 (2) eliminate unemployment and underemployment and
48-26 develop or expand transportation and commerce.
48-27 (c) The district will:
49-1 (1) promote the health, safety, and general welfare of
49-2 residents, employers, employees, visitors, consumers in the
49-3 district, and the general public;
49-4 (2) provide needed funding for the Kirby Drive
49-5 vicinity of the municipality to preserve, maintain, and enhance the
49-6 economic health and vitality of the area as a community and
49-7 business center;
49-8 (3) promote the health, safety, welfare, and enjoyment
49-9 of the public by providing pedestrian ways and by landscaping and
49-10 developing certain areas in the district, which are necessary for
49-11 the restoration, preservation, and enhancement of scenic and
49-12 aesthetic beauty;
49-13 (4) promote and benefit commercial development and
49-14 commercial areas in the Kirby Drive vicinity of the municipality;
49-15 and
49-16 (5) promote and develop public transportation and
49-17 pedestrian facilities and systems by new and alternative means that
49-18 are attractive, safe, and convenient, including securing expanded
49-19 and improved transportation and pedestrian facilities and systems,
49-20 to:
49-21 (A) address the:
49-22 (i) problem of traffic congestion in the
49-23 district;
49-24 (ii) need for traffic control;
49-25 (iii) need to improve pedestrian safety;
49-26 and
49-27 (iv) limited availability of money; and
50-1 (B) benefit the land and other property in the
50-2 district and the residents, employers, employees, visitors,
50-3 consumers in the district, and the general public.
50-4 (d) Pedestrian ways along or across a street, whether at
50-5 grade or above or below the surface, and street lighting, street
50-6 landscaping, and street art objects are parts of and necessary
50-7 components of a street and are considered to be a street or road
50-8 improvement.
50-9 (e) Each improvement project or service authorized by this
50-10 subchapter is essential to carry out a public purpose.
50-11 (f) The district will not act as the agent or
50-12 instrumentality of any private interest even though many private
50-13 interests will be benefited by the district, as will the general
50-14 public.
50-15 Sec. 376.127. CONSTRUCTION OF SUBCHAPTER. This subchapter
50-16 shall be liberally construed in conformity with the findings and
50-17 purposes stated in this subchapter.
50-18 Sec. 376.128. BOARD OF DIRECTORS IN GENERAL. (a) The
50-19 district is governed by a board of five directors who serve
50-20 staggered four-year terms.
50-21 (b) Sections 49.053, 49.054, 49.056-49.058, and 49.060,
50-22 Water Code, apply to the board.
50-23 (c) Subchapter D, Chapter 375, applies to the board to the
50-24 extent that subchapter does not conflict with this subchapter.
50-25 Sec. 376.129. APPOINTMENT OF DIRECTORS; VACANCY. Directors
50-26 shall be appointed and qualify in the manner provided by Subchapter
50-27 D, Chapter 375. A vacancy in the office of director because of the
51-1 death, resignation, or removal of a director shall be filled by the
51-2 remaining members of the board by appointing a qualified person for
51-3 the unexpired term.
51-4 Sec. 376.130. POWERS AND DUTIES OF DISTRICT. The district
51-5 has:
51-6 (1) all powers necessary or required to accomplish the
51-7 purposes for which the district was created;
51-8 (2) the rights, powers, privileges, authority, and
51-9 functions of a district created under Chapter 375;
51-10 (3) the powers, duties, and contracting authority
51-11 specified in Subchapters H and I, Chapter 49, Water Code;
51-12 (4) the powers given to a corporation under Section
51-13 4B, Development Corporation Act of 1979 (Article 5190.6, Vernon's
51-14 Texas Civil Statutes), and the power to own, operate, acquire,
51-15 construct, lease, improve, and maintain projects described by that
51-16 section;
51-17 (5) the power of a housing finance corporation created
51-18 under Chapter 394;
51-19 (6) the power to impose, assess, charge, or collect ad
51-20 valorem taxes, assessments, impact fees, or other fees in
51-21 accordance with Chapter 49, Water Code, for a purpose specified in
51-22 Chapter 375 or as necessary to accomplish a purpose, function,
51-23 power, or duty for which the district is created;
51-24 (7) the power to contract with the municipality or
51-25 county for the provision on a fee basis of law enforcement and
51-26 security services by the county or municipality; and
51-27 (8) the power to contract with a private entity for
52-1 the provision of supplemental security services.
52-2 Sec. 376.131. RELATION TO OTHER LAW. If any provision of
52-3 general law, including a law referenced in this subchapter, is in
52-4 conflict with or is inconsistent with this subchapter, this
52-5 subchapter prevails. Any law referenced in this subchapter that is
52-6 not in conflict or inconsistent with this subchapter is adopted and
52-7 incorporated by reference.
52-8 Sec. 376.132. TORT CLAIMS. (a) The district is a
52-9 governmental unit for purposes of Chapter 101, Civil Practice and
52-10 Remedies Code.
52-11 (b) The operations of the district are considered for all
52-12 purposes, including the application of Chapter 101, Civil Practice
52-13 and Remedies Code, to be essential governmental functions and not
52-14 proprietary functions.
52-15 Sec. 376.133. NONPROFIT CORPORATION. (a) The board by
52-16 resolution may authorize the creation of a nonprofit corporation to
52-17 assist and act on behalf of the district in implementing a project
52-18 or providing a service authorized by this subchapter.
52-19 (b) The board shall appoint the board of directors of a
52-20 nonprofit corporation created under this section. The board of
52-21 directors of the nonprofit corporation shall serve in the same
52-22 manner as, for the same term as, and on the conditions of the board
52-23 of directors of a local government corporation created under
52-24 Chapter 431, Transportation Code.
52-25 (c) A nonprofit corporation created under this section has
52-26 the powers of and is considered for purposes of this subchapter to
52-27 be a local government corporation created under Chapter 431,
53-1 Transportation Code.
53-2 (d) A nonprofit corporation created under this section may
53-3 implement any project and provide any services authorized by this
53-4 subchapter.
53-5 Sec. 376.134. DEBT. The district may issue bonds, notes, or
53-6 other debt obligations in accordance with Subchapters I and J,
53-7 Chapter 375, for the purposes specified in that chapter or as may
53-8 be required to accomplish the purposes, functions, powers, and
53-9 duties for which the district is created.
53-10 Sec. 376.135. ASSESSMENTS. (a) An assessment imposed on
53-11 property under this subchapter is a personal obligation of the
53-12 person who owns the property on January 1 of the year for which the
53-13 assessment is imposed. A person is not relieved of the obligation
53-14 if the person transfers title to the property.
53-15 (b) On January 1 of the year for which an assessment under
53-16 this subchapter is imposed on property, a lien attaches to the
53-17 property to secure the payment of the assessment and any interest
53-18 accrued on the assessment. The lien has the same priority as a
53-19 lien for taxes of the district.
53-20 (c) Not later than the fourth anniversary after the date on
53-21 which the assessment became due, the district may file suit to
53-22 foreclose the lien on or enforce the personal obligation for, or
53-23 both foreclose the lien on and enforce the personal obligation for,
53-24 an assessment imposed under this subchapter that is not paid in a
53-25 timely manner and any interest accrued on that assessment.
53-26 (d) In addition to recovering the amount of the assessment
53-27 and interest accrued on the assessment, if any, the district may
54-1 recover in a suit filed under this section reasonable costs,
54-2 including attorney's fees, incurred by the district in foreclosing
54-3 the lien or enforcing the personal obligation in an amount not to
54-4 exceed 20 percent of the delinquent assessment and interest.
54-5 (e) An assessment that is delinquent for more than four
54-6 years after the date on which the assessment became due and any
54-7 interest imposed on the assessment is considered paid if a suit is
54-8 not filed before the period prescribed by Subsection (c).
54-9 (f) For purposes of a title insurance policy issued under
54-10 Chapter 9, Insurance Code, an assessment is a tax.
54-11 Sec. 376.136. ELECTIONS. (a) The district shall call and
54-12 hold an election in the manner provided by Subchapter L, Chapter
54-13 375.
54-14 (b) The board may submit multiple purposes in a single
54-15 proposition at an election.
54-16 Sec. 376.137. MAINTENANCE TAX. (a) If authorized at an
54-17 election held in accordance with Section 376.136, the district may
54-18 impose and collect an annual ad valorem tax on taxable property in
54-19 the district for the maintenance, restoration, replacement, or
54-20 operation of the district and the improvements constructed or
54-21 acquired by the district or the facilities, works, or services of
54-22 the district.
54-23 (b) The board shall determine the tax rate.
54-24 Sec. 376.138. DISSOLUTION OF DISTRICT. (a) The district
54-25 may be dissolved as provided by Subchapter M, Chapter 375.
54-26 (b) Regardless of Section 375.264, a district that has debt
54-27 may be dissolved as provided by Subchapter M, Chapter 375. If the
55-1 district has debt and is dissolved, the district shall remain in
55-2 existence solely for the purpose of discharging its bonds or other
55-3 obligations according to their terms.
55-4 Sec. 376.139. REINVESTMENT ZONES. All or any part of the
55-5 area of the district is eligible to be included in a tax
55-6 incremental reinvestment zone created by the municipality under
55-7 Chapter 311, Tax Code.
55-8 Sec. 376.140. EXEMPTION OF PUBLIC UTILITY FROM FEE OR
55-9 ASSESSMENT. The district may not impose an impact fee or
55-10 assessment on the property, equipment, or facilities of a public
55-11 utility as defined by Section 2.0011, Public Utility Regulatory Act
55-12 of 1995 (Article 1446c-0, Vernon's Texas Civil Statutes).
55-13 SECTION 2. (a) The initial board of the Upper Kirby
55-14 Management District consists of the following persons:
55-15 (1) A. Lonnie Schiller, position one;
55-16 (2) Roy L. Wakefield, position two;
55-17 (3) W. T. Dickey, position three;
55-18 (4) Morris B. Penner, position four; and
55-19 (5) Robert H. Schultz, position five.
55-20 (b) Of the initial directors, the directors appointed for
55-21 positions one and two serve until June 1, 1999, and the directors
55-22 appointed for positions three, four, and five serve until June 1,
55-23 2001.
55-24 (c) This section expires September 1, 2001.
55-25 SECTION 3. The legislature finds that:
55-26 (1) proper and legal notice of the intention to
55-27 introduce this Act, setting forth the general substance of this
56-1 Act, has been published as provided by law, and the notice and a
56-2 copy of this Act have been furnished to all persons, agencies,
56-3 officials, or entities to which they are required to be furnished
56-4 by the constitution and laws of this state, including the governor,
56-5 who has submitted the notice and a copy of this Act to the Texas
56-6 Natural Resource Conservation Commission;
56-7 (2) the Texas Natural Resource Conservation Commission
56-8 has filed its recommendations relating to this Act with the
56-9 governor, lieutenant governor, and speaker of the house of
56-10 representatives within the required time;
56-11 (3) the general law relating to consent by political
56-12 subdivisions to the creation of districts with conservation,
56-13 reclamation, and road powers and the inclusion of land in those
56-14 districts has been complied with; and
56-15 (4) all requirements of the constitution and laws of
56-16 this state and the rules and procedures of the legislature with
56-17 respect to the notice, introduction, and passage of this Act have
56-18 been fulfilled and accomplished.
56-19 SECTION 4. The importance of this legislation and the
56-20 crowded condition of the calendars in both houses create an
56-21 emergency and an imperative public necessity that the
56-22 constitutional rule requiring bills to be read on three several
56-23 days in each house be suspended, and this rule is hereby suspended,
56-24 and that this Act take effect and be in force from and after its
56-25 passage, and it is so enacted.