79R15276 QS-D
By: Howard H.B. No. 3554
Substitute the following for H.B. No. 3554:
By: Wong C.S.H.B. No. 3554
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Imperial Redevelopment District;
providing authority to impose taxes and issue bonds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 8150 to read as follows:
CHAPTER 8150. IMPERIAL REDEVELOPMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8150.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "City" means the City of Sugar Land, Texas.
(3) "Director" means a member of the board.
(4) "District" means the Imperial Redevelopment
District.
Sec. 8150.002. NATURE OF DISTRICT. The district is a
municipal utility district in Fort Bend County created under and
essential to accomplish the purposes of Section 52, Article III,
Section 1-g, Article VIII, and Section 59, Article XVI, Texas
Constitution.
Sec. 8150.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
All land and other property included in the district will benefit
from the improvements and services to be provided by the district
under powers conferred by Section 52, Article III, Section 1-g,
Article VIII, and Section 59, Article XVI, Texas Constitution.
(b) The district is created for the same purposes as:
(1) a municipal utility district as provided by
Section 54.012, Water Code;
(2) a road utility district created under Section 52,
Article III, Texas Constitution, and operating under Chapter 441,
Transportation Code, including the purpose of constructing,
acquiring, improving, maintaining, and operating roads and road
facilities; and
(3) the purchase, construction, acquisition,
ownership, improvement, maintenance, and operation of the public
works and public improvements authorized for a tax increment
reinvestment zone operating under Chapter 311, Tax Code, and a
municipal management district operating under Chapter 375, Local
Government Code.
Sec. 8150.004. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act creating this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act creating this chapter form a closure. A mistake made in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose or collect an assessment or tax; or
(4) legality or operation.
Sec. 8150.005. CONSTRUCTION OF CHAPTER. This chapter shall
be liberally construed in conformity with the findings and purposes
set forth in this chapter.
Sec. 8150.006. CONFLICT OF LAW. If any provision of general
law applicable to the district conflicts with Chapters 49 and 54,
Water Code, Chapters 49 and 54, Water Code, prevail.
[Sections 8150.007-8150.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8150.051. DIRECTORS; TERMS. (a) The district is
governed by a board of five directors.
(b) Except as provided by Section 8150.053, directors serve
staggered four-year terms.
(c) Section 49.052, Water Code, does not apply to the
directors.
Sec. 8150.052. APPOINTMENT OF DIRECTORS. The governing
body of the city shall appoint the appropriate number of directors
to the board to serve staggered terms that expire September 1 of
each even-numbered year.
Sec. 8150.053. VACANCIES. (a) The board shall notify the
governing body of the city in writing when a vacancy occurs on the
board.
(b) The governing body of the city shall appoint a person to
fill the vacancy for the remainder of the unexpired term.
(c) If the governing body of the city does not fill a vacancy
on the board before the 91st day after receipt of written notice of
a vacancy, the remaining directors shall appoint a person to fill
the vacancy, if a majority of the directors remain in office. If
less than a majority of the directors remain in office, the vacancy
shall be filled as provided by Section 49.105(c), Water Code.
Sec. 8150.054. INITIAL DIRECTORS. (a) The governing body
of the city shall appoint initial directors not later than the 60th
day after the date the city consents to the creation of the
district, as provided by Section 54.016, Water Code.
(b) The initial directors shall draw lots to determine which
two directors serve until September 1 of the first even-numbered
year following the year the initial directors are appointed and
which three directors serve until September 1 of the second
even-numbered year following the year the initial directors are
appointed.
(c) This section expires September 1, 2010.
[Sections 8150.055-8150.100 reserved for expansion]
SUBCHAPTER C. GENERAL POWERS AND DUTIES
Sec. 8150.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8150.102. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 54, Water Code,
applicable to municipal utility districts created under Section 59,
Article XVI, Texas Constitution.
Sec. 8150.103. TAX INCREMENT REINVESTMENT ZONE. (a) All or
any part of the area of the district is eligible to be included in a
tax increment reinvestment zone created under Chapter 311, Tax
Code.
(b) The district may enter into a contract with the board of
directors of a reinvestment zone and the governing body of the city
that provides for the district to manage or assist in managing the
reinvestment zone or to implement or assist in implementing the
reinvestment zone's project plan and reinvestment zone financing
plan. The contract may require the district to issue bonds or other
obligations and pledge the contract revenues to the payment of the
bonds or other obligations.
Sec. 8150.104. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
[Sections 8150.105-8150.150 reserved for expansion]
SUBCHAPTER D. ADDITIONAL ROAD POWERS
Sec. 8150.151. ROAD PROJECTS. (a) As authorized by Section
52, Article III, Texas Constitution, the district may construct,
acquire, improve, maintain, or operate, inside and outside the
district, roads and road facilities as defined by Chapter 441,
Transportation Code.
(b) The roads and road facilities authorized by Subsection
(a) may include drainage, landscaping, pedestrian improvements,
lights, signs, or signals that are incidental to the roads and their
construction, maintenance, or operation.
(c) The roads and road facilities authorized by this section
must meet all applicable construction standards, zoning and
subdivision requirements, and regulatory ordinances of the city.
(d) On completion of a road or road facility authorized by
this section, the district, with the consent of the city, may convey
the road or road facility to the city if the conveyance is free of
all indebtedness of the district. If the city becomes the owner of
a road or road facility, the city is responsible for all future
maintenance and upkeep and the district has no further
responsibility for the road or road facility or its maintenance or
upkeep, unless otherwise agreed to by the district and the city.
Sec. 8150.152. JOINT ROAD PROJECTS. (a) A district may
contract with a state agency, political subdivision, or corporation
created under Chapter 431, Transportation Code, for a joint road
project.
(b) The contract may:
(1) provide for joint payment of project costs; and
(2) require the state agency, political subdivision,
or corporation to design, construct, or improve a project as
provided by the contract.
(c) A contract may be a contract under Section 49.108, Water
Code.
Sec. 8150.153. REIMBURSEMENT FOR ROAD PROJECT. (a) The
district may:
(1) reimburse a private person for money spent to
construct a road or road facility that is dedicated or otherwise
transferred to public use; or
(2) purchase a road or road facility constructed by a
private person.
(b) The amount paid for the reimbursement or for the
purchase of a road or road facility under Subsection (a) may:
(1) include all construction costs, including
engineering, legal, financing, and other expenses incident to the
construction; or
(2) be at a price not to exceed the replacement cost of
the road or road facility as determined by the board.
(c) The reimbursement or purchase of a road or road facility
may be paid for with proceeds from the sale of the district's bonds
or from any other money available to the district.
(d) The district may enter into an agreement to use the
proceeds of a subsequent bond sale to reimburse a private person
under this section. The agreement may provide the terms and
conditions under which the road or road facility is to be dedicated
or transferred for the benefit of the public.
[Sections 8150.154-8150.200 reserved for expansion]
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
Sec. 8150.201. ELECTIONS REGARDING TAXES OR BONDS. (a) The
district may issue, without an election, bonds and other
obligations secured by revenue or contract payments from any source
other than ad valorem taxation.
(b) The district must hold an election in the manner
provided by Chapters 49 and 54, Water Code, to obtain voter approval
before the district may impose an ad valorem tax or issue bonds
payable from ad valorem taxes.
(c) The board may include more than one purpose in a single
proposition at an election.
(d) The district may issue bonds or other obligations to
finance road projects under Section 52(b)(3), Article III, Texas
Constitution, secured wholly or partly by ad valorem taxation,
impose ad valorem taxes to pay the principal of and interest on the
obligations, and provide a sinking fund for the redemption of the
obligations only if the issuance is approved by a two-thirds
majority of the voters of the district voting at an election held
for that purpose. The total amount of bonds issued under this
subsection may not exceed one-fourth of the assessed market value
of real property of the district as determined by the chief
appraiser of the appraisal district that appraises property for the
district.
Sec. 8150.202. AD VALOREM TAX. (a) If authorized at an
election held under Section 8150.201, the district may impose an
annual ad valorem tax on taxable property in the district for the
provision of services or for the maintenance and operation of the
district, including the improvements constructed or acquired by the
district.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
[Sections 8150.203-8150.250 reserved for expansion]
SUBCHAPTER F. BONDS AND OTHER OBLIGATIONS
Sec. 8150.251. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. (a) The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, grants, or other district money, or any combination of
those sources, to pay for any authorized district purpose.
(b) The district may issue a bond or other obligation in the
form of a bond, note, certificate of participation, or other
instrument evidencing a proportionate interest in payments to be
made by the district, or other type of obligation.
Sec. 8150.252. TAXES FOR BONDS AND OTHER OBLIGATIONS. At
the time bonds or other obligations payable wholly or partly from ad
valorem taxes are issued:
(1) the board shall impose a continuing direct annual
ad valorem tax, without limit as to rate or amount, for each year
that all or part of the bonds are outstanding; and
(2) the district annually shall impose the continuing
direct annual ad valorem tax on all taxable property in the district
in an amount sufficient to:
(A) pay the interest on the bonds or other
obligations as the interest becomes due;
(B) create a sinking fund for the payment of the
principal of the bonds or other obligations when due or the
redemption price at any earlier required redemption date; and
(C) pay the expenses of imposing the taxes.
Sec. 8150.253. BONDS FOR CONTRACT COSTS. If the district
enters into a contract under Section 8150.152, the district may
issue bonds to pay all or part of the costs of the joint road project
and any other payments required under the contract.
Sec. 8150.254. BONDS PAYABLE FROM REVENUE FROM CERTAIN
CONTRACTS. The district may issue bonds payable wholly or partly
from the revenue of a contract authorized by Section 8150.103(b) to
pay for the implementation of the reinvestment zone's project plan
or reinvestment zone financing plan.
Sec. 8150.255. AUTHORITY OF TEXAS COMMISSION ON
ENVIRONMENTAL QUALITY OVER ISSUANCE OF DISTRICT BONDS. (a)
Sections 49.181 and 49.182, Water Code, apply to all water,
wastewater, drainage, and recreational facility projects of the
district and bonds issued for those purposes.
(b) Section 49.181, Water Code, applies to all road and road
facility projects and bonds issued for those purposes, but the
review of the Texas Commission on Environmental Quality of the
projects is limited to the financial feasibility of the projects
and bonds, and does not include the review or approval of the design
and construction of the projects or the engineering feasibility of
the projects. The commission shall adjust the requirements of
written applications for investigation of feasibility in
accordance with this subsection.
(c) Section 49.182, Water Code, does not apply to road and
road facility projects or bonds issued for those purposes.
(d) To the extent that the district issues bonds secured
solely by revenues provided under a contract described in Section
8150.103(b), Sections 49.181, 49.182, and 49.4645, Water Code, do
not apply to the issuance of the bonds and do not restrict the types
of facilities or improvements that may be financed with the bonds.
(e) Projects and bonds of the district are not subject to
the review and approval of the Texas Transportation Commission or
the rules adopted by the Texas Transportation Commission.
Sec. 8150.256. APPLICABILITY OF OTHER BOND LAW. Chapter
1471, Government Code, does not apply to the district.
SECTION 2. The Imperial Redevelopment District initially
includes all the territory contained in the following area:
TRACT A
12.9163 ACRE TRACT OUT OF THE S.M. WILLIAMS LEAGUE SURVEY, ABSTRACT
NO. 97
A FIELD NOTE DESCRIPTION OF A 12.9163 ACRE TRACT OF LAND OUT OF THE
ORIGINAL CALL IMPERIAL SUGAR COMPANY'S (IMPERIAL HOLLY
CORPORATION) CALL 643.885 ACRE TRACT RECORDED IN VOLUME 135, PAGE
18 OF THE DEED RECORDS OF FORT BEND COUNTY, TEXAS, AND BEING IN THE
S.M. WILLIAMS LEAGUE, ABSTRACT #97, CITY OF SUGAR LAND, FORT BEND
COUNTY, TEXAS, SUCH TRACT BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
FOR CONNECTION BEGIN AT A POINT IN THE NORTHWEST RIGHT-OF-WAY LINE
OF THE G.H. & S.A. RAILROAD (100 FEET WIDE) MARKING THE SOUTHEAST
CORNER OF THE ORIGINAL CALL IMPERIAL SUGAR COMPANY'S 643.885 ACRE
TRACT RECORDED IN VOLUME 135, PAGE 18 OF THE DEED RECORDS OF FORT
BEND COUNTY, TEXAS; THENCE, SOUTH 78 DEGREES 02 MINUTES 00 SECONDS
WEST, AT 1283.1 FEET PASS THE WEST LINE OF THE BROWN & BELKNAP
LEAGUE, ABSTRACT #15 AND EAST LINE OF THE S.M. WILLIAMS LEAGUE,
ABSTRACT #97, IN ALL 3680.53 FEET TO A 1/2 INCH IRON PIPE FOUND AT
THE EAST RIGHT-OF-WAY LINE OF SCHOOL BLVD. AND MARKING THE
SOUTHWEST CORNER OF THE IMPERIAL HOLLY CORPORATION 74.6347 ACRE
"PECAN ORCHARD TRACT"; THENCE NORTH 11 DEGREES 45 MINUTES 00
SECONDS WEST, 42.00 FEET ALONG THE EAST RIGHT-OF-WAY LINE OF SCHOOL
BLVD. TO A POINT; THENCE, SOUTH 78 DEGREES 02 MINUTES 00 SECONDS
WEST, 60.00 FEET TO A 5/8 INCH IRON ROD SET MARKING THE SOUTHEAST
CORNER OF AND PLACE OF BEGINNING FOR THIS TRACT;
THENCE, SOUTH 78 DEGREES 02 MINUTES 00 SECONDS WEST, 1079.29 FEET
ALONG A LINE 30 FEET NORTH OF AND PARALLEL TO THE CONCRETE PAVING ON
KEMPNER STREET TO A 5/8 INCH IRON ROD SET AT THE INTERSECTION OF THE
EAST RIGHT-OF-WAY LINE OF MAIN STREET (30 EAST OF CENTERLINE OF
CONCRETE PAVING) (MAIN STREET DEDICATION RECORDED IN PLAT BOOK 12,
PAGE 8 OF THE MAP RECORDS OF FORT BEND COUNTY, TEXAS) MARKING THE
SOUTHWEST CORNER OF THIS TRACT;
THENCE, NORTHERLY ALONG THE EAST RIGHT-OF-WAY LINE OF MAIN STREET
(60 FEET WIDE) WITH THE FOLLOWING COURSES AND DISTANCE:
NORTH 20 DEGREES 46 MINUTES 30 SECONDS WEST, 241.23 FEET TO A 5/8
INCH IRON ROD SET FOR POINT OF CURVE TO THE RIGHT; ALONG SAID CURVE
TO THE RIGHT WITH THE FOLLOWING DATA: DELTA = 22 DEGREES 19 MINUTES
57 SECONDS, RADIUS = 371.48 FEET, LENGTH = 144.79 FEET AND CHORD =
NORTH 09 DEGREES 36 MINUTES 32 SECONDS WEST, 143.88 FEET TO A 5/8
INCH IRON ROD SET MARKING THE POINT OF TANGENCY OF THIS CURVE; NORTH
01 DEGREES 33 MINUTES 27 SECONDS EAST, 195.99 FEET TO A POINT FOR
THE NORTHWEST CORNER OF THIS TRACT; SAID POINT ALSO MARKS THE
SOUTHWEST CORNER OF THE CITY OF SUGAR LAND, TEXAS, 2.0 ACRE, MORE OR
LESS, TRACT RECORDED IN VOLUME 523, PAGE 465 OF THE DEED RECORDS OF
FORT BEND COUNTY, TEXAS;
THENCE, EASTERLY ALONG THE NORTH EDGE OF CLEVELAND LAKE CANAL AND
THE SOUTH LINE OF SAID CITY OF SUGAR LAND, TEXAS, 2.0 ACRE TRACT
WITH THE FOLLOWING COURSES AND DISTANCES:
NORTH 75 DEGREES 20 MINUTES 40 SECONDS EAST, 176.32 FEET TO A POINT;
NORTH 77 DEGREES 12 MINUTES 00 SECONDS EAST, 363.75 FEET TO A POINT;
NORTH 75 DEGREES 32 MINUTES 00 SECONDS EAST, 124.51 FEET TO A POINT;
SOUTH 86 DEGREES 31 MINUTES 06 SECONDS EAST, 141.89 FEET TO A POINT;
NORTH 84 DEGREES 27 MINUTES 46 SECONDS EAST, 267.15 FEET TO A POINT
FOR THE NORTHEAST CORNER OF THIS TRACT; SAID POINT ALSO MARKS THE
SOUTHEAST CORNER OF SAID CITY OF SUGAR LAND, TEXAS 2.0 ACRE TRACT
AND IN THE WEST RIGHT-OF-WAY LINE OF SCHOOL BLVD. (60 FEET WIDE);
THENCE SOUTH 11 DEGREES 45 MINUTES 00 SECONDS EAST, ALONG THE WEST
RIGHT-OF-WAY LINE OF SCHOOL BLVD. AND CROSSING CLEVELAND LAKE
CANAL, 163.70 FEET TO A 5/8 INCH IRON ROD FOUND MARKING THE
NORTHEAST CORNER OF THE INTERNATIONAL CHRISTIAN NETWORK CHURCH 1.5
ACRE TRACT RECORDED IN COUNTY CLERK'S FILE #9609068 FOR CORNER;
THENCE, SOUTH 78 DEGREES 10 MINUTES 19 SECONDS WEST, 75.09 FEET TO A
POINT;
THENCE, SOUTH 82 DEGREES 09 MINUTES 27 SECONDS WEST, 59.00 FEET TO A
POINT;
THENCE, NORTH 84 DEGREES 01 MINUTES 23 SECONDS WEST, 198.51 FEET TO
A 1/2 INCH IRON ROD FOUND MARKING THE NORTHWEST CORNER OF SAID
INTERNATIONAL CHRISTIAN NETWORK CHURCH 1.5 ACRE TRACT;
THENCE, SOUTH 11 DEGREES 38 MINUTES 53 SECONDS EAST, 246.18 FEET TO
A 1-1/4 INCH IRON PIPE FOUND MARKING THE SOUTHWEST CORNER OF SAID
INTERNATIONAL CHRISTIAN NETWORK CHURCH 1.5 ACRE TRACT;
THENCE, NORTH 78 DEGREES 16 MINUTES 58 SECONDS EAST, 323.47 FEET TO
A 7/8 INCH IRON PIPE FOUND MARKING THE SOUTHEAST CORNER OF SAID
INTERNATIONAL CHRISTIAN NETWORK CHURCH 1.5 ACRE TRACT;
THENCE, SOUTH 11 DEGREES 45 MINUTES 00 SECONDS EAST, ALONG THE WEST
RIGHT-OF-WAY LINE OF SCHOOL BLVD., 178.29 FEET TO THE PLACE OF
BEGINNING AND CONTAINING 12.9163 ACRES OF LAND.
TRACT B
78.005 ACRE TRACT OUT OF THE ALEXANDER HODGE SURVEY, ABSTRACT
NO. 32
A FIELD NOTE DESCRIPTION OF 78.005 ACRES OF LAND, BEING OUT OF THE
ORIGINAL IMPERIAL SUGAR COMPANY'S CALL 643.885 ACRE TRACT RECORDED
IN VOLUME 135, PAGE 18 OF THE DEED RECORDS OF FORT BEND COUNTY,
TEXAS, AND BEING 77.142 ACRES OF LAND IN THE ALEXANDER HODGE LEAGUE,
ABSTRACT #32 AND 0.863 ACRES OF LAND IN THE S.M. WILLIAMS LEAGUE,
ABSTRACT #97, CITY OF SUGAR LAND, FORT BEND COUNTY, TEXAS; SUCH
TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS
DESCRIPTION AS FOLLOWS:
FOR CONNECTION BEGIN AT A CONCRETE MONUMENT FOUND IN THE NORTHWEST
RIGHT-OF-WAY LINE OF THE G.H. & S.A. RAILROAD (100 FOOT WIDE
RIGHT-OF-WAY) MARKING THE SOUTHWEST CORNER OF SAID CALL 643.885
ACRE TRACT; SAID CORNER BEING IN THE EAST LINE OF THE STATE OF
TEXAS-DEPARTMENT OF CORRECTIONS TRACT; THENCE, NORTH 61 DEGREES 32
MINUTES 21 SECONDS EAST, 342.03 FEET ALONG THE NORTHWEST
RIGHT-OF-WAY LINE OF SAID G.H. & S.A. RAILROAD TO A 5/8 INCH IRON
ROD FOUND MARKING THE SOUTHWEST CORNER OF AND PLACE OF BEGINNING FOR
THIS TRACT; SAID CORNER BEING THE SOUTHEAST CORNER OF THE FORT BEND
WATER CONTROL & IMPROVEMENT DISTRICT NO. 1 (FBWC&ID NO. 1) 2.087
ACRE TRACT TWO RECORDED IN VOLUME 895, PAGE 275 OF THE DEED RECORDS
OF FORT BEND COUNTY, TEXAS;
THENCE, NORTH 57 DEGREES 02 MINUTES 13 SECONDS WEST, 606.15 FEET TO
A 5/8 INCH IRON ROD FOUND MARKING THE NORTHWEST CORNER OF SAID
FBWC&ID NO. 1 CALLED 2.087 ACRE TRACT AND A CORNER OF THIS TRACT;
THENCE, NORTH 22 DEGREES 51 MINUTES 50 SECONDS WEST, 627.65 FEET TO
A 5/8 INCH IRON ROD FOUND MARKING THE SOUTHEAST CORNER OF THE
FBWC&ID NO. 1 CALLED 0.651 ACRE TRACT AND A CORNER OF THIS TRACT;
THENCE, NORTH 03 DEGREES 22 MINUTES 50 SECONDS WEST, 790.87 FEET TO
A 5/8 INCH IRON ROD FOUND MARKING THE SOUTHEAST CORNER OF THE FORT
BEND COUNTY 1.294 ACRE EASEMENT RECORDED IN VOLUME 952, PAGE 445 OF
THE DEED RECORDS OF FORT BEND COUNTY, TEXAS AND THE SOUTHWEST CORNER
OF THE IMPERIAL HOLLY CORPORATION 1.2590 ACRE TRACT RECORDED IN
VOLUME 2313, PAGE 1793 OF THE OFFICIAL RECORDS OF FORT BEND COUNTY,
TEXAS;
THENCE, NORTH 04 DEGREES 46 MINUTES 16 SECONDS EAST, 100.15 FEET TO
A 5/8 INCH IRON ROD FOUND IN THE ABANDONED NORTH RIGHT-OF-WAY LINE
OF THE MISSOURI PACIFIC RAILROAD FOR CORNER; SAID CORNER BEING THE
NORTHWEST CORNER OF SAID IMPERIAL HOLLY CORPORATION CALLED 1.2590
ACRE TRACT;
THENCE, SOUTH 82 DEGREES 07 MINUTES 10 SECONDS EAST, 111.00 FEET TO
A 5/8 INCH IRON ROD FOUND MARKING POINT OF CURVE TO THE LEFT;
THENCE, EASTERLY ALONG A CURVE TO THE LEFT MARKING THE NORTH
RIGHT-OF-WAY LINE OF SAID ABANDONED MISSOURI PACIFIC RAILROAD (100
FOOT WIDE RIGHT-OF-WAY) AND NORTH LINE OF SAID IMPERIAL HOLLY
CORPORATION CALLED 1.2590 ACRE TRACT WITH THE FOLLOWING DATA: DELTA
= 14 DEGREES 30 MINUTES 01 SECONDS, RADIUS = 992.14 FEET, LENGTH =
251.09 FEET, CHORD = SOUTH 89 DEGREES 22 MINUTES 11 SECONDS EAST,
250.42 FEET TO A 5/8 INCH IRON ROD FOUND MARKING THE POINT OF
TANGENCY;
THENCE, NORTH 83 DEGREES 22 MINUTES 51 SECONDS EAST, AT 402.91 FEET
PASS THE NORTHEAST CORNER OF SAID IMPERIAL HOLLY CORPORATION CALLED
1.2590 ACRE TRACT, IN ALL 448.23 FEET TO A 5/8 INCH IRON ROD FOUND
FOR CORNER; SAID CORNER BEING THE SOUTHERLY SOUTHEAST CORNER OF THE
IMPERIAL SUGAR COMPANY 60.529 ACRE (CALLED 60.55 ACRE TRACT)
RECORDED IN VOLUME 601, PAGE 741 OF THE DEED RECORDS OF FORT BEND
COUNTY, TEXAS;
THENCE, NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, 53.01 FEET TO A
POINT ON THE CENTERLINE OF OYSTER CREEK FOR CORNER;
THENCE, EASTERLY ALONG THE CENTERLINE OF OYSTER CREEK ALONG THE
DEED CALL BEARING AND DISTANCE IN SAID DEED RECORDED IN VOLUME 601,
PAGE 741 OF THE DEED RECORDS OF FORT BEND COUNTY, TEXAS, AS FOLLOWS:
NORTH 62 DEGREES 30 MINUTES 00 SECONDS EAST, 445.10 FEET TO A POINT;
NORTH 75 DEGREES 00 MINUTES 00 SECONDS EAST, 275.00 FEET TO A POINT;
SOUTH 86 DEGREES 30 MINUTES 00 SECONDS EAST, 775.00 FEET TO A POINT;
NORTH 78 DEGREES 15 MINUTES 00 SECONDS EAST, 357.00 FEET TO A POINT;
NORTH 42 DEGREES 30 MINUTES 00 SECONDS EAST, 308.00 FEET TO A POINT;
NORTH 08 DEGREES 00 MINUTES 00 SECONDS EAST, 50.34 FEET TO A POINT
FOR CORNER;
THENCE, NORTH 89 DEGREES 01 MINUTES 24 SECONDS EAST, LEAVING SAID
CENTERLINE, AT 59.2 FEET PASS THE SOUTHWEST CORNER OF THE SUSIE
GALVAN 0.191 ACRE TRACT RECORDED IN VOLUME 2423, PAGE 890 OF THE
OFFICIAL RECORDS OF FORT BEND COUNTY, TEXAS, IN ALL 146.0 FEET TO A
5/8 INCH IRON ROD FOUND MARKING THE NORTHWEST CORNER OF THE HOUSTON
SHELL & CONCRETE COMPANY TRACT RECORDED IN VOLUME 1902, PAGE 2 OF
THE OFFICIAL RECORDS OF FORT BEND COUNTY, TEXAS;
THENCE, SOUTH 01 DEGREES 32 MINUTES 56 SECONDS EAST, AT 60 FEET PASS
A 5/8 INCH IRON ROD FOUND MARKING THE NORTHWEST CORNER OF THE RAWLEY
M. OUTLAW, JR. 0.241 ACRE TRACT RECORDED IN VOLUME 1086, PAGE 717 OF
THE DEED RECORDS OF FORT BEND COUNTY, TEXAS; IN ALL 120.00 FEET TO A
5/8 INCH IRON ROD FOUND MARKING THE SOUTHWEST CORNER OF SAID RAWLEY
M. OUTLAW, JR., 0.241 ACRE TRACT AND A RE-ENTRANT CORNER OF THIS
TRACT;
THENCE, NORTH 88 DEGREES 54 MINUTES 38 SECONDS EAST, AT 175.00 FEET
PASS A 1/2 INCH IRON PIPE FOUND IN ALL 175.68 FEET TO A 5/8 INCH IRON
ROD FOUND IN THE WEST RIGHT-OF-WAY LINE OF ULRICH STREET (60 FEET
WIDE) AND MARKING THE NORTHEAST CORNER OF THIS TRACT; SAID CORNER
BEARS SOUTH 01 DEGREES 40 MINUTES 24 SECONDS EAST, 682.86 FEET FROM
A CONCRETE MONUMENT FOUND MARKING THE SOUTHEAST CORNER OF BLOCK NO.
1 OF MAYFIELD PARK, SECTION TWO RECORDED IN VOLUME 415, PAGE 347 OF
THE DEED RECORDS OF FORT BEND COUNTY, TEXAS;
THENCE, SOUTHERLY ALONG THE WEST RIGHT-OF-WAY OF ULRICH STREET WITH
THE FOLLOWING COURSES AND DISTANCES:
SOUTH 01 DEGREE 40 MINUTES 24 SECONDS EAST, 101.68 FEET TO A 5/8
INCH IRON ROD FOUND FOR ANGLE POINT; SOUTH 03 DEGREES 30 MINUTES 44
SECONDS EAST, 145.89 FEET TO A 5/8 INCH IRON ROD FOUND FOR ANGLE
POINT; SOUTH 03 DEGREES 50 MINUTES 44 SECONDS EAST, AT 49.67 FEET
PASS THE CENTERLINE OF THE MISSOURI PACIFIC RAILROAD (100 FEET WIDE
RIGHT-OF-WAY), IN ALL 282.01 FEET TO A 5/8 INCH IRON ROD SET FOR
ANGLE POINT; SOUTH 04 DEGREES 41 MINUTES 24 SECONDS EAST, AT 126.01
FEET PASS A 5/8 INCH IRON ROD FOUND IN THE INTERSECTION OF THE WEST
RIGHT-OF-WAY LINE OF ULRICH STREET AND NORTH RIGHT-OF-WAY OF
IMPERIAL ROAD, IN ALL 154.86 FEET TO A POINT; SOUTH 23 DEGREES 22
MINUTES 07 SECONDS EAST, 22.70 FEET TO A BRASS CAP FOUND AT THE
INTERSECTION OF THE WEST RIGHT-OF-WAY LINE OF ULRICH STREET AND
SOUTH RIGHT-OF-WAY LINE OF IMPERIAL ROAD (50 FEET WIDE) AND MARKING
THE NORTHEAST CORNER OF THE NALCO/EXXON ENERGY CHEMICALS, L.P.
30.772 ACRE TRACT AND ORIGINAL CALLED 2.368 ACRE TRACT RECORDED IN
VOLUME 2694, PAGE 614 OF THE OFFICIAL RECORDS OF FORT BEND COUNTY,
TEXAS;
THENCE, SOUTH 88 DEGREES 06 MINUTES 16 SECONDS WEST, 334.69 FEET
ALONG THE SOUTH RIGHT-OF-WAY LINE OF IMPERIAL ROAD TO A 3/4 INCH
IRON PIPE FOUND MARKING POINT OF CURVE TO THE LEFT;
THENCE, WESTERLY ALONG A CURVE TO THE LEFT MARKING THE SOUTH
RIGHT-OF-WAY LINE OF IMPERIAL ROAD WITH THE FOLLOWING DATA: DELTA =
10 DEGREES 59 MINUTES 20 SECONDS, RADIUS = 806.69 FEET, LENGTH =
154.72 FEET AND CHORD = SOUTH 82 DEGREES 36 MINUTES 54 SECONDS WEST,
154.48 FEET TO A 3/4 INCH IRON PIPE FOUND MARKING THE POINT OF
TANGENCY;
THENCE, SOUTH 77 DEGREES 07 MINUTES 14 SECONDS WEST, 1567.66 FEET
ALONG THE SOUTH RIGHT-OF-WAY LINE OF IMPERIAL ROAD TO A 3/4 INCH
IRON PIPE FOUND MARKING THE NORTHWEST CORNER OF SAID NALCO/EXXON
ENERGY CHEMICALS, L.P. 30.772 ACRE TRACT AND THE NORTHWEST CORNER
OF THE CALLED 2.159 ACRE TRACT RECORDED IN VOLUME 2694, PAGE 614 OF
THE OFFICIAL RECORDS OF FORT BEND COUNTY, TEXAS; SAID CORNER BEING A
RE-ENTRANT CORNER OF THIS TRACT;
THENCE, SOUTH 15 DEGREES 30 MINUTES 00 SECONDS EAST, AT 906.87 FEET
PASS A 1/2 INCH IRON ROD MARKING THE SOUTHWEST CORNER OF THE
NALCO/EXXON ENERGY CHEMICALS, L.P. 10.0 ACRE TRACT RECORDED IN
VOLUME 2694, PAGE 614 OF THE OFFICIAL RECORDS OF FORT BEND COUNTY,
TEXAS, IN ALL 958.45 FEET TO A 1/2 INCH IRON PIPE FOUND MARKING THE
SOUTHERLY SOUTHEAST CORNER OF THIS TRACT;
THENCE, SOUTH 61 DEGREES 32 MINUTES 21 SECONDS WEST, 715.90 FEET
ALONG THE NORTHWEST RIGHT-OF-WAY LINE OF THE G.H. & S.A. RAILROAD
(100 FEET WIDE RIGHT-OF-WAY) TO THE PLACE OF BEGINNING AND
CONTAINING 78.005 ACRES OF LAND., SAVE & EXCEPT THE FORT BEND
UTILITIES CALL 0.268 ACRE TRACT RECORDED IN VOLUME 332, PAGE 568 OF
THE DEED RECORDS OF FORT BEND COUNTY, TEXAS; BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS;
SAVE AND EXCEPT
FOR CONNECTION BEGIN AT A POINT ON THE CENTERLINE OF THE MAIN LINE
OF THE MISSOURI PACIFIC RAILROAD AND CENTERLINE OF ULRICH STREET;
THENCE, SOUTH 83 DEGREES 23 MINUTES 00 SECONDS, AT 26.5 FEET PASS A
POINT; IN ALL 271.2 FEET TO A POINT ON THE CENTERLINE OF SAID
MISSOURI PACIFIC RAILROAD; THENCE, NORTH 06 DEGREES 37 MINUTES 00
SECONDS WEST, 163.75 FEET TO A POINT MARKING THE SOUTHEAST CORNER OF
AND PLACE OF BEGINNING FOR THIS 0.286 ACRE TRACT;
THENCE, SOUTH 83 DEGREES 23 MINUTES 00 SECONDS WEST, 100.0 FEET TO A
POINT MARKING THE SOUTHWEST CORNER OF THIS TRACT;
THENCE, NORTH 06 DEGREES 37 MINUTES 00 SECONDS WEST, TO A POINT ON
THE BANK OF OYSTER CREEK FOR THE NORTHWEST CORNER OF THIS TRACT;
THENCE, NORTH 83 DEGREES 23 MINUTES 00 SECONDS EAST, 100.0 FEET TO A
POINT MARKING THE NORTHEAST CORNER OF THIS TRACT;
THENCE, SOUTH 06 DEGREES 37 MINUTES 00 SECONDS EAST, 125.0 FEET TO
THE PLACE OF BEGINNING AND CONTAINING 0.286 ACRE OF LAND.
78.005 ACRES LESS 0.286 ACRES = 77.719 ACRES
SAVE AND EXCEPT, THAT CERTAIN 0.268 ACRE TRACT OF LAND CONVEYED TO
FORT BEND COUNTY UTILITIES, AS RECORDED IN THAT DEED IN VOLUME 332,
PAGE 568 OF THE DEED RECORDS OF FORT BEND COUNTY, TEXAS; AND THAT
PORTION OF SUBJECT PROPERTY MENTIONED IN THOSE DEED RECORDED IN
VOLUME 71, PAGE 485, VOLUME 74, PAGE 86, VOLUME 92, PAGE 75, VOLUME
114, PAGE 504, VOLUME 412, PAGE 571 AND IN VOLUME 445, PAGE 369 OF
THE DEED RECORDS OF FORT BEND COUNTY, TEXAS.
TRACT C
60.529 ACRE TRACT OUT OF THE ALEXANDER HODGE SURVEY, ABSTRACT
NO. 32
A FIELD NOTE DESCRIPTION OF 60.529 ACRES OF LAND, BEING THE IMPERIAL
SUGAR COMPANY CALL 60.55 ACRE TRACT RECORDED IN VOLUME 601, PAGE 741
OF THE DEED RECORDS OF FORT BEND COUNTY, TEXAS, AND BEING IN THE
ALEXANDER HODGE LEAGUE, ABSTRACT #32, FORT BEND COUNTY, TEXAS, SUCH
TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT A 5/8 INCH IRON ROD SET IN THE NORTH RIGHT-OF-WAY LINE OF
THE MISSOURI PACIFIC RAILROAD MAIN LINE (100 FEET WIDE
RIGHT-OF-WAY) WHICH BEARS SOUTH 83 DEGREES 22 MINUTES 51 SECONDS
WEST, 2351.03 FEET FROM THE WEST RIGHT-OF-WAY LINE OF ULRICH STREET
(60 FEET WIDE) ; SAID CORNER ALSO BEARS NORTH 09 DEGREES 03 MINUTES
59 SECONDS EAST, 2018.94 FEET FROM THE SOUTHWEST CORNER OF THE
ORIGINAL IMPERIAL SUGAR COMPANY'S CALL 643.885 ACRE TRACT RECORDED
IN VOLUME 135, PAGE 18 OF THE DEED RECORDS OF FORT BEND COUNTY,
TEXAS, IN THE NORTHWEST RIGHT-OF-WAY LINE OF THE G.H. & S.A.
RAILROAD; SAID POINT BEING THE SOUTHERLY SOUTHEAST CORNER OF AND
PLACE OF BEGINNING FOR THIS TRACT;
THENCE, SOUTH 83 DEGREES 22 MINUTES 51 SECONDS WEST, ALONG THE
NORTHWEST RIGHT-OF-WAY LINE OF SAID MISSOURI PACIFIC RAILROAD, AT
45.32 FEET PASS THE NORTHEAST CORNER OF THE IMPERIAL HOLLY
CORPORATION CALL 1.2590 ACRE TRACT RECORDED IN VOLUME 2313, PAGE
1793 OF THE OFFICIAL RECORDS OF FORT BEND COUNTY, TEXAS, IN ALL
448.23 FEET TO A 5/8 INCH IRON ROD SET MARKING THE SOUTHERLY
SOUTHWEST CORNER OF THIS TRACT;
THENCE, NORTH 07 DEGREES 38 MINUTES 10 SECONDS WEST, 27.42 FEET TO A
POINT ON THE CENTERLINE OF OYSTER CREEK AND 6.45 FEET WEST OF THE
WEST EDGE OF A TIMBER BRIDGE FOR CORNER;
THENCE, NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, 110.0 FEET IN
OYSTER CREEK TO A POINT;
THENCE, NORTH 24 DEGREES 35 MINUTES 30 SECONDS WEST, 482.77 FEET
ALONG A LINE IN OYSTER CREEK TO A POINT MARKING THE NORTHWEST CORNER
OF THIS TRACT;
THENCE, NORTH 61 DEGREES 51 MINUTES 52 SECONDS EAST, AT 125.34 FEET
PASS A CONCRETE MONUMENT FOUND, THEN ALONG A FENCE LINE, AT 3151.28
FEET PASS AN IRON PIPE FOUND IN CONCRETE, IN ALL 3177.89 FEET TO A
POINT IN OYSTER CREEK MARKING THE NORTHEAST CORNER OF THIS TRACT;
THENCE, SOUTHERLY AND WESTERLY ALONG THE CENTERLINE OF OYSTER CREEK
WITH THE FOLLOWING COURSES AND DISTANCES:
SOUTH 16 DEGREES 45 MINUTES 00 SECONDS WEST, 20.49 FEET TO A POINT;
SOUTH 06 DEGREES 15 MINUTES 00 SECONDS EAST, 560.00 FEET TO A POINT;
SOUTH 08 DEGREES 00 MINUTES 00 SECONDS WEST, 762.00 FEET TO A POINT;
SOUTH 42 DEGREES 30 MINUTES 00 SECONDS WEST, 308.00 FEET TO A POINT;
SOUTH 78 DEGREES 15 MINUTES 00 SECONDS WEST, 357.00 FEET TO A POINT;
NORTH 86 DEGREES 30 MINUTES 00 SECONDS WEST, 775.00 FEET TO A POINT;
SOUTH 75 DEGREES 00 MINUTES 00 SECONDS WEST, 275.00 FEET TO A POINT;
SOUTH 62 DEGREES 30 MINUTES 00 SECONDS WEST, 445.10 FEET TO A POINT
FOR CORNER;
THENCE, SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST, LEAVING SAID
CENTERLINE OF OYSTER CREEK 53.01 FEET TO THE PLACE OF BEGINNING AND
CONTAINING 60.529 ACRES OF LAND.
TRACT D
41.0331 ACRE TRACT OUT OF THE S.M. WILLIAMS LEAGUE SURVEY, ABSTRACT
NO. 97
A FIELD NOTE DESCRIPTION OF A 41.0331 ACRE (1,787,400 SQUARE FEET)
TRACT OF LAND, OUT OF A TRACT KNOWN AS THE "REFINERY TRACT"; OUT OF
THE ORIGINAL CALL IMPERIAL SUGAR COMPANY'S (IMPERIAL HOLLY
CORPORATION CALL 643.885 ACRE TRACT RECORDED IN VOLUME 135, PAGE 18
OF THE DEED RECORDS OF FORT BEND COUNTY, TEXAS, AND BEING IN THE S.
M. WILLIAMS LEAGUE, ABSTRACT #97, CITY OF SUGAR LAND, FORT BEND
COUNTY, TEXAS, SUCH TRACT BEING MORE PARTICULARLY DESCRIBED BY THE
METES AND BOUNDS DESCRIPTION AS FOLLOWS;
FOR CONNECTION BEGIN AT A POINT IN THE NORTHWEST RIGHT-OF-WAY LINE
OF THE G.H. & S. A. RAILROAD (100 FEET WIDE) MARKING THE SOUTHEAST
CORNER OF THE ORIGINAL CALL IMPERIAL SUGAR COMPANY'S 643.885 ACRE
TRACT RECORDED IN VOLUME 135, PAGE 18 OF THE DEED RECORDS OF FORT
BEND COUNTY, TEXAS; THENCE, SOUTH 78 DEGREES 02 MINUTES 00 SECONDS
WEST, AT 1283.1 FEET PASS THE WEST LINE OF THE BROWN & BELKNAP
LEAGUE, ABSTRACT #15 AND EAST LINE OF THE S. M. WILLIAMS LEAGUE,
ABSTRACT #97, IN ALL 3680.53 FEET TO A 1/2 INCH IRON PIPE FOUND AT
THE EAST RIGHT OF WAY LINE OF SCHOOL BLVD. AND MARKING THE SOUTHWEST
CORNER OF THE IMPERIAL HOLLY CORPORATION 74.6347 ACRE "PECAN
ORCHARD TRACT" SAME BEING THE SOUTHWEST CORNER OF A CALLED 43.9697
ACRE TRACT DESCRIBED IN DEED RECORDED IN FORT BEND COUNTY CLERKS
FILE NUMBER 2002134696; THENCE, NORTH 11 DEGREES 45 MINUTES 00
SECONDS WEST, 42.00 FEET ALONG THE EAST RIGHT OF WAY LINE OF SCHOOL
BLVD. TO A POINT; THENCE, SOUTH 78 DEGREES 02 MINUTES 00 SECONDS
WEST, 1139.29 FEET TO A 5/8 INCH IRON ROD SET IN THE EAST RIGHT OF
WAY LINE OF MAIN STREET; THENCE, CROSSING MAIN STREET SOUTH 81
DEGREES 51 MINUTES 14 SECONDS WEST, 61.49 FEET TO A DRILL HOLE IN
THE WEST RIGHT OF WAY LINE OF MAIN STREET (30 FEET WEST OF
CENTERLINE OF CONCRETE PAVING) (MAIN STREET DEDICATION RECORDED IN
PLAT BOOK 12, PAGE 8 OF THE MAP RECORDS OF FORT BEND COUNTY, TEXAS) ;
MARKING THE SOUTHEAST CORNER OF AND PLACE OF BEGINNING FOR THIS
TRACT;
THENCE, SOUTH 81 DEGREES 51 MINUTES 14 SECONDS WEST, 12.88 FEET TO A
FOUND 5/8 INCH IRON ROD MARKING THE SOUTHEAST CORNER OF THE CALL
0.334 ACRE TRACT KNOWN AS THE "CANNING COMPANY TRACT"; SAID CORNER
BEING 40 FEET DISTANT FROM THE CENTERLINE OF KEMPNER STREET;
THENCE, SOUTH 77 DEGREES 59 MINUTES 00 SECONDS WEST, 102.60 FEET
ALONG A LINE 40 FEET NORTH OF AND PARALLEL TO THE CENTERLINE OF THE
CONCRETE PAVING ON KEMPNER STREET TO A 5/8 INCH IRON ROD FOUND AT
THE SOUTHWEST CORNER OF SAID 0.334 ACRE TRACT AND BEING IN THE EAST
LINE OF THE BRAZOS VALLEY IRRIGATION COMPANY 36.35 ACRE EASEMENT ON
OYSTER CREEK RECORDED IN VOLUME 167, PAGE 289 OF THE DEED RECORDS OF
FORT BEND COUNTY, TEXAS;
THENCE, SOUTH 29 DEGREES 15 MINUTES 00 SECONDS EAST, 28.52 FEET
ALONG THE EAST LINE OF SAID BRAZOS VALLEY IRRIGATION COMPANY
EASEMENT TO A SET "X" IN CONCRETE FOR CORNER;
THENCE, SOUTH 78 DEGREES 02 MINUTES 00 SECONDS WEST, 119.47 FEET
ALONG THE NORTH EDGE OF BRIDGE ON KEMPNER STREET ACROSS OYSTER CREEK
TO A NAIL FOR ANGLE;
THENCE, SOUTH 77 DEGREES 51 MINUTES 30 SECONDS WEST, 164.10 FEET
ALONG THE NORTH EDGE OF BRIDGE AND NORTH BACK OF CURB OF KEMPNER
STREET TO A NAIL SET FOR ANGLE POINT;
THENCE, SOUTH 80 DEGREES 32 MINUTES 20 SECONDS WEST, 220.00 FEET
ALONG THE NORTH EDGE OF BACK OF CURB OF KEMPNER STREET TO A NAIL FOR
ANGLE POINT;
THENCE, SOUTH 74 DEGREES 39 MINUTES 00 SECONDS WEST, 247.25 FEET
ALONG THE NORTH EDGE OF BACK OF CURB OF KEMPNER STREET TO A NAIL FOR
ANGLE POINT;
THENCE, SOUTH 74 DEGREES 50 MINUTES 42 SECONDS WEST, 312.16 FEET
ALONG THE NORTH EDGE OF BACK OF CURB OF KEMPNER STREET TO A NAIL FOR
ANGLE POINT;
THENCE, SOUTH 75 DEGREES 19 MINUTES 37 SECONDS WEST, 43.05 FEET
ALONG THE NORTH EDGE OF BACK OF CURB OF KEMPNER STREET TO A FOUND 5/8
INCH IRON ROD FOR ANGLE POINT;
THENCE, SOUTH 12 DEGREES 54 MINUTES 21 SECONDS WEST, 15.13 FEET
ALONG BACK OF CURB TO A FOUND DRILL HOLE FOR ANGLE POINT;
THENCE, SOUTH 74 DEGREES 50 MINUTES 49 SECONDS WEST, 122.38 FEET
ALONG THE NORTH EDGE OF BACK OF CURB OF KEMPNER STREET TO A NAIL FOR
ANGLE POINT;
THENCE, NORTH 21 DEGREES 34 MINUTES 03 SECONDS WEST, 10.20 FEET TO
FOUND 5/8 INCH IRON ROD MARKING THE SOUTHEAST CORNER OF THE IMPERIAL
SUGAR COMPANY'S (IMPERIAL HOLLY CORPORATION) PARCEL TWO RECORDED IN
VOLUME 1249, PAGE 402 OF THE DEED RECORDS OF FORT BEND COUNTY,
TEXAS;
THENCE, SOUTH 68 DEGREES 25 MINUTES 39 SECONDS WEST, 160.07 FEET
ALONG THE SOUTH LINE OF SAID PARCEL TWO AND PARCEL ONE TO A 5/8 INCH
IRON ROD FOUND MARKING THE SOUTHWEST CORNER OF THIS TRACT; SAID
CORNER BEING THE SOUTHWEST CORNER OF SAID PARCEL ONE RECORDED IN
VOLUME 1249, PAGE 402 OF THE DEED RECORDS OF FORT BEND COUNTY,
TEXAS;
THENCE, NORTHERLY ALONG THE EAST RIGHT OF WAY LINE OF ULRICH STREET
(60 FEET WIDE) WITH THE FOLLOWING COURSES AND DISTANCES:
NORTH 21 DEGREES 31 MINUTES 24 SECONDS WEST, 284.84 FEET TO A 5/8
INCH IRON ROD FOUND FOR ANGLE POINT; NORTH 04 DEGREES 41 MINUTES 24
SECONDS WEST, 145.54 FEET TO A 5/8 INCH IRON ROD SET FOR ANGLE
POINT; NORTH 03 DEGREES 50 MINUTES 44 SECONDS WEST, 281.39 FEET TO A
5/8 INCH IRON ROD SET FOR ANGLE POINT; NORTH 03 DEGREES 30 MINUTES
44 SECONDS WEST, 144.75 FEET TO A 5/8 INCH ROD SET FOR ANGLE POINT;
NORTH 01 DEGREES 40 MINUTES 24 SECONDS WEST, AT 144.06 FEET PASS A
5/8 INCH IRON ROD FOUND MARKING THE NORTHWEST CORNER OF THE ORIGINAL
IMPERIAL HOLLY CORPORATION'S CALL 21.09 ACRE TRACT RECORDED IN
VOLUME 445, PAGE 365 OF THE DEED RECORDS OF FORT BEND COUNTY, TEXAS,
IN ALL 572.89 FEET TO THE SOUTHWEST CORNER OF A CALLED 1.7492 ACRE
TRACT DESCRIBED IN DEED RECORDED IN FORT BEND COUNTY CLERKS FILE
NUMBER 2002107097, AND MARKING THE MOST WESTERLY NORTHWEST CORNER
OF THIS TRACT;
THENCE NORTH 89 DEGREES 00 MINUTES 10 SECONDS EAST, ALONG THE MOST
SOUTHERLY LINE OF SAID 1.7492 ACRE TRACT A DISTANCE OF 229.35 FEET
TO A CAPPED 5/8 INCH IRON ROD FOUND FOR AN INTERIOR CORNER; THENCE
NORTH 02 DEGREES 15 MINUTES 55 SECONDS EAST, ALONG AN EASTERLY LINE
OF SAID 1.7492 ACRE TRACT A DISTANCE OF 49.43 FEET TO A CAPPED 5/8
INCH IRON ROD FOUND FOR AN INTERIOR CORNER;
THENCE SOUTH 84 DEGREES 11 MINUTES 17 SECONDS EAST, ALONG A
SOUTHERLY LINE OF SAID 1.7492 ACRE TRACT A DISTANCE OF 172.73 FEET
TO A CAPPED 5/8 INCH IRON ROD FOUND FOR AN INTERIOR CORNER;
THENCE NORTH 01 DEGREE 00 MINUTES 45 SECONDS WEST, ALONG AN EASTERLY
LINE OF SAID 1.7492 ACRE TRACT A DISTANCE OF 81.53 FEET TO A CAPPED
5/8 INCH IRON ROD FOUND FOR AN INTERIOR CORNER;
THENCE SOUTH 88 DEGREES 19 MINUTES 47 SECONDS EAST, ALONG A
SOUTHERLY. LINE OF SAID 1.7492 ACRE TRACT A DISTANCE OF 30.00 FEET
TO CAPPED 5/8 INCH IRON ROD FOUND FOR AN INTERIOR CORNER;
THENCE NORTH 00 DEGREES 26 MINUTES 54 SECONDS WEST, ALONG THE MOST
EASTERLY LINE OF SAID 1.7492 ACRE TRACT A DISTANCE OF 80.30 FEET TO
A CAPPED 5/8 INCH IRON ROD FOUND FOR THE COMMON NORTHERLY CORNER OF
SAID 1.7492 ACRE TRACT AND THE HEREIN DESCRIBED TRACT OF LAND AND
BEING IN THE SOUTHERLY RIGHT-OF-WAY LINE OF AVENUE "D" (50.0 FEET
WIDE) FOR THE MOST NORTHERLY NORTHWEST CORNER;
THENCE, SOUTH 88 DEGREES 38 MINUTES 17 SECONDS EAST, ALONG THE SOUTH
RIGHT OF WAY LINE OF AVENUE "D", SAME BEING THE SOUTH LINE OF
MAYFIELD PARK SUBDIVISION, SECTION TWO RECORDED IN VOLUME 415, PAGE
347 OF THE DEED RECORDS OF FORT BEND COUNTY, TEXAS; IN ALL 583.24
FEET TO A 5/8 INCH IRON ROD SET IN THE WEST RIGHT OF WAY LINE OF
GUYER STREET (50 FEET WIDE) FOR THE NORTHERLY NORTHEAST CORNER OF
THIS TRACT;
THENCE, SOUTH 01 DEGREE 21 MINUTES 43 SECONDS WEST, ALONG THE WEST
RIGHT OF WAY LINE OF GUYER STREET, 161.23 FEET TO A 5/8 INCH IRON ROD
SET FOR CORNER;
THENCE, SOUTH 88 DEGREES 38 MINUTES 17 SECONDS EAST, ALONG THE SOUTH
LINE OF GUYER STREET, AT 48.83 FEET PASS A 5/8 INCH IRON ROD FOUND,
AT 121.65 FEET PASS A 5/8 INCH IRON ROD FOUND, IN ALL 160.21 FEET TO
A POINT MARKING A NORTHEAST CORNER OF THIS TRACT;
THENCE, SOUTH 04 DEGREES 28 MINUTES 55 SECONDS WEST, ALONG THE WEST
EDGE OF OYSTER CREEK, 410.98 FEET TO A NORTHEAST CORNER OF SAID
IMPERIAL HOLLY CORPORATION'S 21.09 ACRE TRACT;
THENCE, SOUTH 73 DEGREES 07 MINUTES 30 SECONDS EAST, CROSSING
OYSTER CREEK, 382.84 FEET TO A POINT FOR CORNER IN OYSTER CREEK FOR
THE MOST EASTERLY NORTHEAST CORNER OF THIS TRACT;
THENCE, SOUTHERLY ALONG THE WEST RIGHT OF WAY LINE OF MAIN STREET
(60 FEET WIDE) WITH THE FOLLOWING COURSES AND DISTANCES:
SOUTH 01 DEGREES 33 MINUTES 27 SECONDS WEST, 129.75 FEET TO A 5/8
INCH IRON ROD FOUND MARKING THE POINT OF CURVE TO THE LEFT; ALONG A
CURVE TO THE LEFT WITH THE FOLLOWING DATA: DELTA=22 DEGREES 19
MINUTES 57 SECONDS, RADIUS=431.48 FEET,
LENGTH=168.18 FEET AND CHORD=SOUTH 09 DEGREES 36 MINUTES 32 SECONDS
EAST, 167.12 FEET TO A 5/8 INCH IRON ROD FOUND MARKING THE POINT OF
TANGENCY OF SAID CURVE; SOUTH 20 DEGREES 46 MINUTES 30 SECONDS EAST,
227.79 FEET TO THE PLACE OF BEGINNING AND CONTAINING 41.0331 ACRES
(1,787,400 SQUARE FEET) OF LAND.
TRACT E
30.6237 ACRE TRACT OUT OF THE S.M. WILLIAMS LEAGUE SURVEY, ABSTRACT
NO. 97
A FIELD NOTE DESCRIPTION OF 30.6237 ACRES OF LAND, KNOWN AS THE
"CLEVELAND LAKE AREA", BEING 10.2452 ACRES IN THE BROWN & BELKNAP
LEAGUE, ABSTRACT #15, AND 20.3785 ACRES IN THE S. M. WILLIAMS
LEAGUE, ABSTRACT 97, OUT OF THE ORIGINAL IMPERIAL HOLLY COMPANY'S
CALL 643.885 ACRE TRACT RECORDED IN VOLUME 135, PAGE 18 OF THE DEED
RECORDS OF FORT BEND COUNTY, TEXAS; IN THE CITY OF SUGAR LAND, FORT
BEND COUNTY, TEXAS, SUCH TRACT BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS DESCRIPTION AS FOLLOWS:
FOR CONNECTION BEGIN AT A 5/8 INCH IRON ROD FOUND IN THE NORTHWEST
RIGHT-OF-WAY LINE OF THE G.H. & S.A. RAILROAD (100 FEET WIDE)
MARKING THE SOUTHEAST CORNER OF SAID IMPERIAL HOLLY COMPANY'S CALLS
643.885 ACRE TRACT; THENCE, SOUTH 78 DEGREES 02 MINUTES 00 SECONDS
WEST, 182.56 FEET ALONG THE NORTHWEST RIGHT-OF-WAY LINE OF SAID
RAILROAD TO A PUNCH HOLE FOUND IN CONCRETE TURN-LANE AND MARKING THE
SOUTHEAST CORNER OF A CALLED 43.9697 ACRE TRACT DESCRIBED IN DEED
RECORDED IN FORT BEND COUNTY CLERKS FILE NUMBER 2002134696. SAID
CORNER BEING IN THE WEST RIGHT-OF-WAY LINE OF STATE FARM MARKET ROAD
NO. 1876 (ELDRIDGE ROAD);
THENCE NORTH 11 DEGREES 58 MINUTES 00 SECONDS WEST, ALONG THE EAST
LINE OF SAID 43.9697 ACRE TRACT, A DISTANCE OF 35.28 FEET TO A 5/8
INCH IRON ROD SET FOR THE SOUTHEAST CORNER AND POINT OF BEGINNING OF
THE HEREIN DESCRIBED TRACT OF LAND,
THENCE ALONG THE NORTH LINE OF SAID 43.9697 ACRE TRACT, BEING THE
NORTH LINE OF A BULKHEAD, THE FOLLOWING COURSES AND DISTANCES,
SOUTH 72 DEGREES 29 MINUTES 31 SECONDS WEST, 30.57 FEET TO A POINT
FOR CORNER; SOUTH 77 DEGREES 24 MINUTES 40 SECONDS WEST, 307.49 FEET
TO A POINT FOR CORNER; NORTH 83 DEGREES 14 MINUTES 39 SECONDS WEST,
19.59 FEET TO A POINT FOR CORNER; SOUTH 66 DEGREES 05 MINUTES 41
SECONDS WEST, 84.36 FEET TO A POINT FOR CORNER; NORTH 62 DEGREES 52
MINUTES 52 SECONDS WEST, 508.91 FEET TO A POINT FOR CORNER; NORTH 67
DEGREES 08 MINUTES 05 SECONDS WEST, 99.65 FEET TO A POINT FOR
CORNER; NORTH 69 DEGREES 22 MINUTES 47 SECONDS WEST, 172.35 FEET TO
A POINT FOR CORNER; NORTH 73 DEGREES 12 MINUTES 57 SECONDS WEST,
110.07 FEET TO A POINT FOR CORNER; NORTH 84 DEGREES 12 MINUTES 10
SECONDS WEST, 90.82 FEET TO A POINT FOR CORNER; NORTH 89 DEGREES 13
MINUTES 95 SECONDS WEST, 89.14 FEET TO A POINT FOR CORNER; NORTH 89
DEGREES 23 MINUTES 55 SECONDS WEST, 217.44 FEET TO A POINT FOR
CORNER; SOUTH 89 DEGREES 46 MINUTES 43 SECONDS WEST, 119.78 FEET TO
A POINT FOR CORNER; SOUTH 86 DEGREES 30 MINUTES 42 SECONDS WEST,
200.79 FEET TO A POINT FOR CORNER; SOUTH 82 DEGREES 13 MINUTES 39
SECONDS WEST, 145.95 FEET TO A POINT FOR CORNER; SOUTH 78 DEGREES 33
MINUTES 17 SECONDS WEST, 229.56 FEET TO A POINT FOR CORNER; SOUTH 77
DEGREES 27 MINUTES 26 SECONDS WEST, 201.82 FEET TO A POINT FOR
CORNER; SOUTH 73 DEGREES 22 MINUTES 50 SECONDS WEST, 122.37 FEET TO
A POINT FOR CORNER; SOUTH 78 DEGREES 35 MINUTES 07 SECONDS WEST,
146.61 FEET TO A POINT FOR CORNER; SOUTH 61 DEGREES 02 MINUTES 04
SECONDS WEST, 141.24 FEET TO A POINT FOR CORNER; SOUTH 82 DEGREES 17
MINUTES 52 SECONDS WEST, 88.66 FEET TO A POINT FOR CORNER; SOUTH 66
DEGREES 59 MINUTES 57 SECONDS WEST, 88.20 FEET TO A POINT FOR
CORNER; SOUTH 53 DEGREES 41 MINUTES 36 SECONDS WEST, 133.71 FEET TO
A POINT FOR CORNER; SOUTH 44 DEGREES 37 MINUTES 26 SECONDS WEST,
89.81 FEET TO A POINT FOR CORNER; SOUTH 42 DEGREES 44 MINUTES 56
SECONDS WEST, 295.55 FEET TO A POINT FOR CORNER; SOUTH 58 DEGREES 28
MINUTES 11 SECONDS WEST, 61.97 FEET TO A M INCH IRON PIPE FOUND FOR
CORNER ON THE EAST RIGHT-OF-WAY LINE OF SCHOOL BOULEVARD (60.0 FEET
WIDE) BEING THE NORTHWEST CORNER OF SAID 43.9697 ACRE TRACT AND THE
SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT OF LAND ;
THENCE NORTH 11 DEGREES 58 MINUTES 00 SECONDS WEST, ALONG THE EAST
RIGHT-OF-WAY LINE OF SAID SCHOOL BOULEVARD, A DISTANCE OF 154.00
FEET TO A 5/8 INCH IRON ROD FOUND FOR THE SOUTH CORNER OF A CALLED
5.573 ACRE SUGAR LAND INDEPENDENT SCHOOL DISTRICT TRACT RECORDED IN
VOLUME 134, PAGE 561 OF THE FORT BEND COUNTY DEED RECORDS;
THENCE NORTH 44 DEGREES 24 MINUTES 43 SECONDS EAST, ALONG THE
SOUTHEAST LINE OF SAID 5.573 ACRE TRACT, A DISTANCE OF 746.75 FEET
TO A 5/8 INCH IRON ROD FOUND FOR THE SOUTHWEST CORNER OF A CALLED
1.49 ACRE TRACT DESCRIBED IN VOLUME 282, PAGE 435 OF THE FORT BEND
COUNTY DEED RECORDS FOR CORNER;
THENCE NORTH 57 DEGREES 36 MINUTES 45 SECONDS EAST, ALONG THE
SOUTHEAST LINE OF SAID 1.49 ACRE TRACT, A DISTANCE OF 283.56 FEET TO
A 5/8 INCH IRON ROD FOUND FOR THE SOUTHEAST CORNER OF A CALLED 0.898
ACRE TRACT DESCRIBED IN VOLUME 325, PAGE 77 OF THE FORT BEND COUNTY
DEED RECORDS FOR CORNER;
THENCE NORTH 59 DEGREES 10 MINUTES 04 SECONDS EAST, ALONG THE
SOUTHEAST LINE OF SAID 0.898 ACRE TRACT, A DISTANCE OF 264.41 FEET
TO A 5/8 INCH IRON ROD SET FOR CORNER IN THE WEST LINE OF CLEVELAND
LAKE SUBDIVISION SECTION THREE (3) AS RECORDED IN VOLUME 373, PAGE
57 OF THE FORT BEND COUNTY DEED RECORDS;
SOUTH 11 DEGREES 56 MINUTES 31 SECONDS EAST; 37.04 FEET TO A POINT
FOR THE SOUTHWEST CORNER OF LOT 1 OF SAID CLEVELAND TAKE
SUBDIVISION, SECTION THREE (3);
THENCE ALONG THE SOUTH LINE OF SAID CLEVELAND LAKE SUBDIVISION
SECTION THREE (3) THE FOLLOWING COURSES AND DISTANCES;
NORTH 75 DEGREES 20 MINUTES 49 SECONDS EAST, 92.00 FEET TO A POINT
FOR THE SOUTHEAST CORNER OF LOT 1; NORTH 60 DEGREES 24 MINUTES 59
SECONDS EAST, 104.98 FEET TO A POINT FOR THE SOUTHEAST CORNER OF LOT
2; NORTH 74 DEGREES 56 MINUTES 19 SECONDS EAST, 140.20 FEET TO A
POINT FOR THE SOUTHEAST CORNER OF LOT 3; NORTH 78 DEGREES 26 MINUTES
58 SECONDS EAST, 145.00 FEET TO A POINT FOR THE SOUTHEAST CORNER OF
LOT 4; NORTH 80 DEGREES 24 MINUTES 49 SECONDS EAST, 145.12 FEET TO A
POINT FOR THE SOUTHEAST CORNER OF LOT 5; NORTH 82 DEGREES 54 MINUTES
39 SECONDS EAST, 140.50 FEET TO A POINT FOR THE SOUTHEAST CORNER OF
LOT 6; NORTH 84 DEGREES 11 MINUTES 57 SECONDS EAST, 120.69 FEET TO A
POINT FOR THE SOUTHEAST CORNER OF LOT 7, SAME BEING THE SOUTHWEST
CORNER OF LOT 1, CLEVELAND LAKE SUBDIVISION SECTION TWO (2) AS
RECORDED IN VOLUME 306, PAGE 262 OF THE FORT BEND COUNTY DEED
RECORDS;
THENCE ALONG THE SOUTH LINE OF SAID CLEVELAND LAKE SUBDIVISION
SECTION TWO (2), THE FOLLOWING COURSES AND DISTANCES;
NORTH 82 DEGREES 38 MINUTES 29 SECONDS EAST, 100.32 FEET TO A POINT
FOR THE SOUTHEAST CORNER OF LOT 1; NORTH 78 DEGREES 47 MINUTES 29
SECONDS EAST, 77.01 FEET TO A POINT FOR THE. SOUTHEAST CORNER OF LOT
2; SOUTH 86 DEGREES 06 MINUTES 08 SECONDS EAST, 76.92 FEET TO A
POINT FOR THE SOUTHEAST CORNER OF LOT 3; SOUTH 80 DEGREES 05 MINUTES
36 SECONDS EAST, 115.55 FEET TO A POINT FOR THE SOUTHEAST CORNER OF
LOT 4; SOUTH 79 DEGREES 24 MINUTES 25 SECONDS EAST, 116.11 FEET TO A
POINT FOR THE SOUTHEAST CORNER OF LOT 5;
THENCE NORTH 78 DEGREES 06 MINUTES 36 SECONDS EAST, 5.78 FEET TO A
POINT FOR CORNER SAME BEING THE SOUTHWEST CORNER OF LOT 8, CLEVELAND
LAKE SUBDIVISION SECTION ONE (1) AS RECORDED IN VOLUME 268, PAGE 151
OF THE FORT BEND COUNTY DEED RECORDS;
THENCE ALONG THE SOUTH LINE OF SAID CLEVELAND LAKE SUBDIVISION
SECTION ONE (1), THE FOLLOWING COURSES AND DISTANCES;
SOUTH 77 DEGREES 52 MINUTES 48 SECONDS EAST, 100.70 FEET TO A POINT
FOR THE SOUTHEAST CORNER OF LOT 8; SOUTH 77 DEGREES 16 MINUTES 31
SECONDS EAST, 99.40 FEET TO A POINT FOR THE SOUTHEAST CORNER OF LOT
7; SOUTH 67 DEGREES 25 MINUTES 31 SECONDS EAST, 105.00 FEET TO A
POINT FOR THE SOUTHEAST CORNER OF LOT 6; SOUTH 61 DEGREES 13 MINUTES
39 SECONDS EAST, 108.89 FEET TO A POINT FOR THE SOUTHEAST CORNER OF
LOT 5, AND CLEVELAND LAKE SUBDIVISION SECTION ONE (1), AND BEING IN
THE WEST LINE OF A IMPERIAL SUGAR COMPANY DRAINAGE DITCH;
THENCE NORTH 00 DEGREES 01 MINUTES 29 SECONDS EAST, ALONG THE EAST
LINE OF LOTS 4 AND 5 OF SAID CLEVELAND LAKE SUBDIVISION, SECTION ONE
(1), A DISTANCE OF 475.9 FEET TO A 5/8 INCH IRON ROD FOUND FOR THE
NORTHEAST CORNER OF SAID LOT 4 AND BEING IN THE SOUTH RIGHT-OF-WAY
LINE OF LAKEVIEW DRIVE;
THENCE NORTH 78 DEGREES 19 MINUTES 59 SECONDS EAST, ALONG THE SOUTH
RIGHT-OF-WAY LINE OF SAID LAKEVIEW DRIVE, A DISTANCE OF 70.59 FEET
TO A 5/8 INCH IRON RPD FOUND FOR THE NORTHWEST CORNER OF LOT 9, BLOCK
1, REPLAT OF LAKE VILLAGE, RECORDED IN VOLUME 354, PAGE 126 OF THE
FORT BEND COUNT DEED RECORDS;
THENCE SOUTH 00 DEGREES 03 MINUTES 35 SECONDS EAST, ALONG THE WEST
LINE OF SAID REPLAT OF LAKE VILLAGE A DISTANCE OF 533.65 FEET TO A
POINT FOR THE MOST WESTERLY SOUTHWEST CORNER OF LOT 5;
THENCE SOUTH 56 DEGREES 51 MINUTES 35 SECONDS EAST, CONTINUING
ALONG THE WEST LINE OF SAID REPLAT OF LAKE VILLAGE, PASSING AT A
DISTANCE OF 672.2 FEET THE SOUTHWEST CORNER OF THE REPLAT OF LAKE
VILLAGE, AND CONTINUING FOR A TOTAL DISTANCE OF 865.00 FEET TO A 5/8
INCH IRON ROD SET IN THE WEST RIGHT-OF-WAY LINE OF SAID STATE FARM
MARKET ROAD 1876 (ELDRIDGE ROAD) FOR THE MOST EASTERLY NORTHEAST
CORNER OF THE HEREIN DESCRIBED TRACT OF LAND;
THENCE SOUTHERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 352.24
FEET, A CENTRAL ANGLE OF 16 DEGREES 53 MINUTES 55 SECONDS, AN ARC
LENGTH OF 103.89 FEET, A CHORD BEARING SOUTH 03 DEGREES 31 MINUTES
03 SECONDS EAST, A CHORD DISTANCE OF 103.51 FEET TO THE POINT OF
BEGINNING AND CONTAINING 30.6237 ACRES OF LAND.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.