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