79R11203 QS-F
By: Armbrister S.B. No. 1873
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Fort Bend County Municipal Utility
District No. 167; providing authority to impose taxes and issue
bonds; granting the power of eminent domain.
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 8142 to read as follows:
CHAPTER 8142. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT
NO. 167
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8142.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "City" means the City of Rosenberg, Texas.
(3) "County" means Fort Bend County.
(4) "Director" means a member of the board.
(5) "District" means the Fort Bend County Municipal
Utility District No. 167.
Sec. 8142.002. 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,
and Section 59, Article XVI, Texas Constitution.
Sec. 8142.003. CONFIRMATION ELECTION REQUIRED. The board
shall hold an election to confirm the creation of the district as
provided by Section 49.102, Water Code.
Sec. 8142.004. 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, 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 municipal management
district operating under Chapter 375, Local Government Code.
Sec. 8142.005. 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. 8142.006. CONSTRUCTION OF CHAPTER. This chapter shall
be liberally construed in conformity with the findings and purposes
set forth in this chapter.
[Sections 8142.007-8142.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8142.051. DIRECTORS; TERMS. (a) The district is
governed by a board of five directors.
(b) Except as provided by Section 8142.053, directors serve
staggered four-year terms.
Sec. 8142.052. ELECTION OF DIRECTORS. On the uniform
election date in May of each even-numbered year, the appropriate
number of directors shall be elected.
Sec. 8142.053. INITIAL DIRECTORS. (a) The initial board
consists of:
(1) Lisa Prejean;
(2) Yvonne Cummins;
(3) James Swanson;
(4) Deana Day; and
(5) Jerry Schultza.
(b) The terms of the first three directors named in
Subsection (a) expire on the uniform election date in May of 2006,
and the terms of the last two directors named in Subsection (a)
expire on the uniform election date in May of 2008.
(c) This section expires September 1, 2009.
[Sections 8142.054-8142.100 reserved for expansion]
SUBCHAPTER C. GENERAL POWERS AND DUTIES
Sec. 8142.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8142.102. 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. 8142.103. EMINENT DOMAIN. The district may exercise
the power of eminent domain as provided by Section 49.222, Water
Code.
[Sections 8142.104-8142.150 reserved for expansion]
SUBCHAPTER D. ADDITIONAL ROAD POWERS
Sec. 8142.151. 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 or
county in whose jurisdiction the road or road facility is located.
(d) On completion of a road or road facility authorized by
this section, the district, with the consent of the city or county,
may convey the road or road facility to the city or county if the
conveyance is free of all indebtedness of the district. If the city
or county becomes the owner of a road or road facility, the city or
county 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 or county.
Sec. 8142.152. 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. 8142.153. 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 8142.154-8142.200 reserved for expansion]
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
Sec. 8142.201. 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 lawful
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 a maintenance 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 called
and 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. 8142.202. AD VALOREM TAX. (a) If authorized at an
election held under Section 8142.201, 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 8142.203-8142.250 reserved for expansion]
SUBCHAPTER F. BONDS AND OTHER OBLIGATIONS
Sec. 8142.251. 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) In exercising the district's borrowing power, 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. 8142.252. 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 an 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. 8142.253. BONDS FOR CONTRACT COSTS. If the district
enters into a contract under Section 8142.152, 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. 8142.254. 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) 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. 8142.255. APPLICABILITY OF OTHER BOND LAW. Chapter
1471, Government Code, does not apply to the district.
SECTION 2. The Fort Bend County Municipal Utility District
No. 167 initially includes all the territory contained in the
following area:
TRACT 1:
121.81 acres in the Jane H. Long League, Abstract No. 55, and
the Simon Jones Survey, Abstract No. 271, City of Rosenberg, Fort
Bend County, Texas
A FIELD NOTE DESCRIPTION of 121.81 acres of land in the Jane
H. Long League, Abstract No. 55 and in the Simon Jones Survey,
Abstract No. 271, City of Rosenberg, Fort Bend County, Texas; said
121 .81 acre tract being out of Reserve "H" and all of Reserve "K",
Block 4, The Villages At Rosenberg, according to the map or plat
recorded under Slide No. 1954 A&B of the Fort Bend County Plat
Records; said tract being more particularly described by metes and
bounds as follows with the bearings being based on Texas State Plane
Coordinate System, South Central Zone (NAD83) per GPS Observations
on May 07, 2004 using National Geodetic Survey Continuously
Operating Reference Stations:
BEGINNING at a 2-inch iron pipe found in the northeasterly
right-of-way line of Reading Road (60 feet wide) for a westerly
corner of said Reserve "H" and for a westerly corner of this tract;
THENCE; North 22° 17' 11" East - 1,438.33 feet (called North
22° 16' 48" East - 1,437.90 feet) with the southeasterly line of Fort
Bend Business Center according to the map or plat recorded under
Slide No. 1461 B of the Fort Bend County Plat Records to a 1/2-inch
iron pipe found for an angle point of this tract;
THENCE; North 22° 13' 39" East - 1,438.40 (called North 22° 12'
40" East) with the southeasterly line of a called 49.6426 acre tract
of land described as "Tract B" conveyed to Nancy McFarlane Bonner,
as recorded in Volume 1851, Page 424 of the Fort Bend County Deed
Records and with the southeasterly line of a called 49.6426 acre
tract of land described as "Tract A" conveyed to Thelma McFarlane
Zwiener, as recorded in Volume 1851, Page 424 of the Fort Bend
County Deed Records to a 2-inch iron pipe found for an interior
corner of this tract;
THENCE; North 68° 04' 11" West - 545.57 feet (called North 68°
03' 27" West - 545.08 feet) with the northeasterly line of said
"Tract A" to a 3/4-inch iron rod found for a westerly corner of this
tract;
THENCE; North 21° 41' 06" East - 1,979.04 feet (called North
21° 41' 49" East - 1,978.77 feet) with the southeasterly line of a
called 115.7247 acre tract of land conveyed to C.E. Myska, Trustee,
as recorded in Volume 934, Page 66 of the Fort Bend County Deed
Records to a 5/8-inch iron rod with cap set for the northerly corner
of this tract;
THENCE; South 37° 02' 26" East - 3,374.42 feet (called South
37° 01' 19" East) with the southwesterly right-of-way line of the
Gulf Coast & Santa Fe Railway Company right-of-way, as recorded in
Volume 75, Page 312 of the Fort Bend County Deed Records to point
for an easterly corner of this tract;
THENCE; South 52° 42' 48" West - 974.91 feet (called South 52°
43' 31" West) with the northwesterly line of Reserve "D" of said The
Villages At Rosenberg to a 5/8-inch iron rod with cap set for an
angle point of this tract;
THENCE; South 62° 39' 13" West - 1,205.30 feet (called South
62° 38' 30" West - 1,205.22 feet) with the northwesterly line of
Reserve "E" and Reserve "F" of said The Villages At Rosenberg to a
cut "x" in concrete found for a point-of-curvature;
THENCE; in an easterly direction with the northerly line of
said Reserve "F" and Reserve "G" of said The Villages At Rosenberg
and with said curve to the right having a radius of 100.00 feet, a
central angle of 50° 13' 34", a length of 87.66 feet and a chord
bearing South 87° 46' 00" West - 84.88 feet to a cut "x" in concrete
found for a point-of-tangency for this tract;
THENCE; North 67° 07' 14" West - 206.27 feet with the
northeasterly line of said Reserve "G" to a cut "x" in concrete
found for a southwesterly corner of this tract;
THENCE; North 22° 52' 43" East - 838.38 feet (called north 22°
52' 24" East - 838.44 feet) with the southeasterly line of Reserve
"A", The Villages At Rosenberg, Section 2, according to the map or
plat recorded under Slide No. 2214B; of the Fort Bend County Plat
Records conveyed to Rosenberg Venture LTD., as recorded under Fort
Bend County Clerk's File No. 2001119747 to a 5/8-inch iron rod found
for an interior corner of this tract;
THENCE; North 63° 20' 55" West - 400.66 feet (called North 63°
21' 05" West - 400.66 feet) with the northeasterly line of said
Reserve "A" to a point for an interior corner of this tract;
THENCE; South 61° 07' 04" West - 71.39 feet (called South 61°
06' 54" West - 71.39 feet) with a northwesterly line of said Reserve
"A" to an angle point of this tract;
THENCE; North 72° 59' 22" West - 163.95 feet (called North 73°
06' 44" West - 163.98 feet) with a northeasterly line of said
Reserve "A" to a hole punch in reinforced concrete pipe found for an
angle point of this tract;
THENCE; North 51° 19' 13" West - 19.63 feet (called North 50°
17' 30" West - 19.67 feet) with a northeasterly line of said Reserve
"A" to a 5/8-inch iron rod found for an angle point of this tract;
THENCE; North 22° 12' 51" East - 55.94 feet (called North 22°
12' 40" East - 55.84 feet) with the southeasterly right-of-way line
of Vista Drive (60 feet wide) according to the map or plat recorded
under Slide No. 2214 B of the Fort Bend County Plat Records to a
5/8-inch iron rod with cap set for an interior corner of this tract;
THENCE; North 67° 47' 09" West - 60.00 feet to a 5/8–inch iron
rod with cap set for an interior corner of this tract;
THENCE; South 22° 12' 51" West - 767.88 feet (called South 22°
12' 40" West - 761.21 feet) with the northwesterly right-of-way
line of said Vista Drive to a point for an angle point of this tract;
THENCE; South 22° 17' 31" West - 1,416.44 feet (called South
22° 16' 48" West - 1,423.85 feet) with the northwesterly
right-of-way line of said Vista Drive to a 5/8-inch iron rod with
cap set for the easterly end of a cutback at the intersection of the
northwesterly right-of-way line of said Vista Drive with the
northeasterly right-of-way line of said Reading Road;
THENCE; South 67° 34' 19" West - 21.11 feet (called South 67°
33' 28" West - 21,11 feet) with said cutback to a 5/8-inch iron rod
with cap set for an angle point of this tract;
THENCE; North 67° 08' 54" West - 84.71 feet (called North 67°
09' 53" West - 85.00 feet) with the northeasterly right-of-way line
of said Reading Road to the POINT OF BEGINNING and containing 121.81
acres (5,306,130 square feet) of land.
TRACT 2:
0.1377 acre in the Jane H. Long League, Abstract No. 55, City
of Rosenberg, Fort Bend County, Texas
A FIELD NOTE DESCRIPTION of 0.1377 acre (6,000 square feet)
of land in the Jane H. Long League, Abstract No. 55, City of
Rosenberg, Fort Bend County, Texas; said 0.1377 acre tract being
out of Reserve "H", Block 4, The Villages At Rosenberg, according to
the map or plat recorded under Slide No. 1954 A&B of the Fort Bend
County Plat Records; said tract being more particularly described
by metes and bounds as follows with the bearings being based on
Texas State Plane Coordinate System, South Central Zone (NAD83) per
GPS Observations on May 07, 2004 using National Geodetic Survey
Continuously Operating Reference Stations:
COMMENCING FOR REFERENCE at a 2-inch iron pipe found in the
northeasterly right-of-way line of Reading Road (60 feet wide) for
a southwesterly corner of said Reserve "H";
THENCE; North 22° 17' 11" East - 1,438.33 feet (called North
22° 16' 48" East - 1,437.90 feet) with the southeasterly line of Fort
Bend Business Center, according to the map or plat recorded under
Slide No. 1461 B of the Fort Bend County Plat Records to a 1/2-inch
iron pipe found;
THENCE; North 22° 13' 39" East - 1,438.40 feet (called North
22° 12' 40" East) with the southeasterly line of a called 49.6426
acre tract of land described as "Tract B" conveyed to Nancy
McFarlane Bonner, as recorded in Volume 1851, Page 424 of the Fort
Bend County Deed Records, with the southeasterly line of a called
49.6426 acre tract of land described as "Tract A" conveyed to Thelma
McFarlane Zwiener, as recorded in Volume 1851, Page 424 of the Fort
Bend County Deed Records and with the northwesterly line of said
Reserve "H" to a 2-inch iron pipe found for corner,
THENCE; South 68° 04' 11" East - 790.00 feet to a point for the
southwesterly corner and POINT OF BEGINNING of this tract;
THENCE; North 21' 55' 49" East - 100.00 feet to a point for the
northwesterly corner of this tract;
THENCE; South 68° 04' 11 " East - 60.00 feet to a point for the
northeasterly corner of this tract;
THENCE; South 21° 55' 49" West - 100.00 feet to a point for the
southeasterly corner of this tract;
THENCE; North 68° 04' 11" West - 60.00 feet to the POINT OF
BEGINNING and containing 0.1377 acre (6,000 square feet) of land.
TRACT 3:
0.1377 acre in the Jane H. Long League, Abstract No. 55, City
of Rosenberg, Fort Bend County, Texas
A FIELD NOTE DESCRIPTION of 0.1377 acre (6,000 square feet)
of land in the Jane H. Long League, Abstract No. 55, City of
Rosenberg, Fort Bend County, Texas; said 0.1377 acre tract being
out of Reserve "H", Block 4, The Villages At Rosenberg, according to
the map or plat recorded under Slide No. 1954 A&B of the Fort Bend
County Plat Records; said tract being more particularly described
by metes and bounds as follows with the bearings being based on
Texas State Plane Coordinate System, South Central Zone (NAD83) per
GPS Observations on May 07, 2004 using National Geodetic Survey
Continuously Operating Reference Stations:
COMMENCING FOR REFERENCE at a 2-inch iron pipe found in the
northeasterly right-of-way line of Reading Road (60 feet wide) for
a southwesterly corner of said Reserve "H";
THENCE; North 22° 17' 11" East- 1,438.33 feet (called North
22° 16' 48" East - 1,437.90 feet) with the southeasterly line of Fort
Bend Business Center, according to the map or plat recorded under
Slide No. 1461 B of the Fort Bend County Plat Records to a 1/2–inch
iron pipe found;
THENCE; North 22° 13' 39" East - 1,438.40 feet (called North
22° 12' 40" East) with the southeasterly line of a called 49.6426
acre tract of land described as "Tract B" conveyed to Nancy
McFarlane Bonner, as recorded in Volume 1851, Page 424 of the Fort
Bend County Deed Records, with the southeasterly line of a called
49.6426 acre tract of land described as "Tract A" conveyed to Thelma
McFarlane Zwiener, as recorded in Volume 1851, Page 424 of the Fort
Bend County Deed Records and with the northwesterly line of said
Reserve "H" to a 2-inch iron pipe found for corner,
THENCE; South 68° 04' 11" East - 730.00 feet to a point for the
southwesterly corner and POINT OF BEGINNING of this tract;
THENCE; North 21° 55' 49" East - 100.00 feet to a point for the
northwesterly corner of this tract;
THENCE; South 68° 04' 11" East - 60.00 feet to a point for the
northeasterly corner of this tract;
THENCE; South 21° 55' 49" West - 100.00 feet to a point for the
southeasterly corner of this tract;
THENCE; North 68° 04' 11" West - 60.00 feet to the POINT OF
BEGINNING and containing 0.1377 acre (6,000 square feet) of land.
TRACT 4:
0.1377 acre in the Jane H. Long League, Abstract No. 55, City
of Rosenberg, Fort Bend County, Texas
A FIELD NOTE DESCRIPTION of 0.1377 acre (6,000 square feet)
of land in the Jane H. Long League, Abstract No. 55, City of
Rosenberg, Fort Bend County, Texas; said 0.1377 acre tract being
out of Reserve "H", Block 4, The Villages At Rosenberg, according to
the map or plat recorded under Slide No. 1954 A&B of the Fort Bend
County Plat Records; said tract being more particularly described
by metes and bounds as follows with the bearings being based on
Texas State Plane Coordinate System, South Central Zone (NAD83) per
GPS Observations on May 07, 2004 using National Geodetic Survey
Continuously Operating Reference Stations:
COMMENCING FOR REFERENCE at a 2-inch iron pipe found in the
northeasterly right-of-way line of Reading Road (60 feet wide) for
a southwesterly corner of said Reserve "H";
THENCE; North 22° 17' 11" East - 1,438.33 feet (called North
22° 16' 48" East - 1,437.90 feet) with the southeasterly line of Fort
Bend Business Center, according to the map or plat recorded under
Slide No. 1461 B of the Fort Bend County Plat Records to a 1/2-inch
iron pipe found;
THENCE; North 22° 13' 39" East -1,438.40 feet (called North
22° 12' 40" East) with the southeasterly line of a called 49.6426
acre tract of land described as "Tract B" conveyed to Nancy
McFarlane Bonner, as recorded in Volume 1851, Page 424 of the Fort
Bend County Deed Records, with the southeasterly line of a called
49.6426 acre tract of land described as 'Tract A" conveyed to Thelma
McFarlane Zwiener, as recorded in Volume 1851, Page 424 of the Fort
Bend County Deed Records and with the northwesterly line of said
Reserve "H" to a 2-inch iron pipe found for corner;
THENCE; South 68° 04' 11" East - 670.00 feet to a point for the
southwesterly corner and POINT OF BEGINNING of this tract;
THENCE; North 21° 55' 49" East - 100.00 feet to a point for the
northwesterly corner of this tract;
THENCE; South 68° 04' 11" East - 60.00 feet to a point for the
northeasterly corner of this tract;
THENCE; South 21° 55' 49" West - 100.00 feet to a point for the
southeasterly corner of this tract;
THENCE; North 68° 04' 11" West - 60.00 feet to the POINT OF
BEGINNING and containing 0.1377 acre (6,000 square feet) of land.
TRACT 5:
0.1377 acre in the Jane H. Long League, Abstract No. 55, City
of Rosenberg, Fort Bend County, Texas
A FIELD NOTE DESCRIPTION of 0.1377 acre (6,000 square feet)
of land in the Jane H. Long League, Abstract No. 55, City of
Rosenberg, Fort Bend County, Texas; said 0.1377 acre tract being
out of Reserve "H", Block 4, The Villages At Rosenberg, according to
the map or plat recorded under Slide No. 1954 A&B of the Fort Bend
County Plat Records; said tract being more particularly described
by metes and bounds as follows with the bearings being based on
Texas State Plane Coordinate System, South Central Zone (NAD83) per
GPS Observations on May 07, 2004 using National Geodetic Survey
Continuously Operating Reference Stations:
COMMENCING FOR REFERENCE at a 2-inch iron pipe found in the
northeasterly right-of-way line of Reading Road (60 feet wide) for
a southwesterly corner of said Reserve "H";
THENCE; North 22° 17' 11" East - 1,438.33 feet (called North
22° 16' 48" East - 1,437.90 feet) with the southeasterly line of Fort
Bend Business Center, according to the map or plat recorded under
Slide No. 1461 B of the Fort Bend County Plat Records to a 1/2-inch
iron pipe found;
THENCE; North 22° 13' 39" East - 1,438.40 feet (called North
22° 12' 40" East) with the southeasterly line of a called 49.6426
acre tract of land described as "Tract B" conveyed to Nancy
McFarlane Bonner, as recorded in Volume 1851, Page 424 of the Fort
Bend County Deed Records, with the southeasterly line of a called
49.6426 acre tract of land described as "Tract A" conveyed to Thelma
McFarlane Zwiener, as recorded in Volume 1851, Page 424 of the Fort
Bend County Deed Records and with the northwesterly line of said
Reserve "H" to a 2-inch iron pipe found for corner;
THENCE; South 68° 04' 11" East - 610.00 feet to a point for the
southwesterly corner and POINT OF BEGINNING of this tract;
THENCE; North 21° 55' 49" East - 100.00 feet to a point for the
northwesterly corner of this tract;
THENCE; South 68° 04' 11" East - 60.00 feet to a point for the
northeasterly corner of this tract;
THENCE; South 21° 55' 49" West - 100.00 feet to a point for the
southeasterly corner of this tract;
THENCE; North 68° 04' 11" West - 60.00 feet to the POINT OF
BEGINNING and containing 0.1377 acre (6,000 square feet) of land.
TRACT 6:
0.1377 acre in the Jane H. Long League, Abstract No. 55, City
of Rosenberg, Fort Bend County, Texas
A FIELD NOTE DESCRIPTION of 0.1377 acre (6,000 square feet)
of land in the Jane H. Long League, Abstract No. 55, City of
Rosenberg, Fort Bend County, Texas; said 0.1377 acre tract being
out of Reserve "H", Block 4, The Villages At Rosenberg, according to
the map or plat recorded under Slide No. 1954 A&B of the Fort Bend
County Plat Records; said tract being more particularly described
by metes and bounds as follows with the bearings being based on
Texas State Plane Coordinate System, South Central Zone (NAD83) per
GPS Observations on May 07, 2004 using National Geodetic Survey
Continuously Operating Reference Stations:
COMMENCING FOR REFERENCE at a 2-inch iron pipe found in the
northeasterly right-of-way line of Reading Road (60 feet wide) for
a southwesterly corner of said Reserve "H";
THENCE; North 22° 17' 11" East - 1,438.33 feet (called North
22° 16' 48" East - 1,437.90 feet) with the southeasterly line of Fort
Bend Business Center, according to the map or plat recorded under
Slide No. 1461 B of the Fort Bend County Plat Records to a 1/2-inch
iron pipe found;
THENCE; North 22° 13' 39" East - 1,438.40 feet (called North
22° 12' 40" East) with the southeasterly line of a called 49.6426
acre tract of land described as "Tract B" conveyed to Nancy
McFarlane Bonner, as recorded in Volume 1851, Page 424 of the Fort
Bend County Deed Records, with the southeasterly line of a called
49.6426 acre tract of land described as "Tract A" conveyed to Thelma
McFarlane Zwiener, as recorded in Volume 1851, Page 424 of the Fort
Bend County Deed Records and with the northwesterly line of said
Reserve "H" to a 2-inch iron pipe found for corner;
THENCE; South 68° 04' 11" East - 550.0,0 feet to a point for
the southwesterly corner and POINT OF BEGINNING of this tract;
THENCE; North 21° 55' 49" East - 100.00 feet to a point for the
northwesterly corner of this tract;
THENCE; South 68° 04' 11" East - 60.00 feet to a point for the
northeasterly corner of this tract;
THENCE; South 21° 55' 49" West - 100.00 feet to a point for the
southeasterly corner of this tract;
THENCE; North 68° 04' 11" West - 60.00 feet to the POINT OF
BEGINNING and containing 0.1377 acre (6,000 square feet) 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.