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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the Plum Creek Water Control and |
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Improvement District No. 1 of Liberty, Montgomery, and Harris |
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Counties; providing authority to impose a tax and issue bonds; |
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granting the power of eminent domain. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle I, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 9018 to read as follows: |
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CHAPTER 9018. PLUM CREEK WATER CONTROL AND IMPROVEMENT DISTRICT |
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NO. 1 OF LIBERTY, MONTGOMERY, AND HARRIS COUNTIES |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 9018.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Director" means a board member. |
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(3) "District" means the Plum Creek Water Control and |
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Improvement District No. 1 of Liberty, Montgomery, and Harris |
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Counties. |
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Sec. 9018.002. NATURE OF DISTRICT. The district is a water |
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control and improvement district in Liberty, Montgomery, and Harris |
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Counties created under and essential to accomplish the purposes of |
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Section 59, Article XVI, Texas Constitution. |
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Sec. 9018.003. CONFIRMATION ELECTION REQUIRED. If the |
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creation of the district is not confirmed at a confirmation |
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election held under Section 9018.024 before September 1, 2011: |
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(1) the district is dissolved September 1, 2011, |
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except that: |
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(A) the district shall pay any debts incurred; |
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(B) the district shall transfer equally to |
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Liberty, Montgomery, and Harris Counties any assets that remain |
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after the payment of debts; and |
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(C) the organization of the district shall be |
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maintained until all debts are paid and remaining assets are |
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transferred; and |
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(2) this chapter expires September 1, 2014. |
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Sec. 9018.004. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act creating this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act creating this chapter form a closure. A mistake made in the |
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field notes or in copying the field notes in the legislative process |
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does not affect: |
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(1) the organization, existence, or validity of the |
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district; |
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(2) the right of the district to impose taxes; |
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(3) the validity of the district's bonds, notes, or |
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indebtedness; or |
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(4) the legality or operation of the district or the |
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board. |
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[Sections 9018.005-9018.020 reserved for expansion] |
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SUBCHAPTER A-1. TEMPORARY PROVISIONS |
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Sec. 9018.021. TEMPORARY DIRECTORS. (a) On or after |
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September 1, 2007, a person who owns land in the district may submit |
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a petition to the Texas Commission on Environmental Quality |
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requesting that the commission appoint as temporary directors the |
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five persons named in the petition. |
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(b) The commission shall appoint as temporary directors the |
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five persons named in the first petition received by the commission |
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under Subsection (a). |
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(c) If a temporary director fails to qualify for office, the |
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commission shall appoint a person to fill the vacancy. |
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(d) Temporary directors serve until the earlier of: |
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(1) the date directors are elected under Section |
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9018.024; or |
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(2) the date this chapter expires under Section |
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9018.003. |
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Sec. 9018.022. ORGANIZATIONAL MEETING OF TEMPORARY |
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DIRECTORS. As soon as practicable after all the temporary |
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directors have qualified under Section 49.055, Water Code, the |
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temporary directors shall meet at a location in the district |
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agreeable to a majority of the directors. |
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Sec. 9018.023. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 9018.024 |
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until each municipality in whose corporate limits or |
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extraterritorial jurisdiction the district is located has adopted a |
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resolution consenting to the creation of the district. |
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Sec. 9018.024. CONFIRMATION AND INITIAL DIRECTORS' |
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ELECTION. The temporary directors shall hold an election to |
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confirm the creation of the district and to elect five directors as |
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provided by Section 49.102, Water Code. |
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Sec. 9018.025. INITIAL ELECTED DIRECTORS; TERMS. The |
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directors elected under Section 9018.024 shall draw lots to |
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determine which two shall serve until the first regularly scheduled |
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election of directors and which three shall serve until the second |
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regularly scheduled election of directors. |
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Sec. 9018.026. EXPIRATION OF SUBCHAPTER. This subchapter |
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expires September 1, 2014. |
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[Sections 9018.027-9018.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 9018.051. DIRECTORS; TERMS. (a) The district is |
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governed by a board of five directors. |
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(b) Directors serve staggered four-year terms. |
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[Sections 9018.052-9018.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 9018.101. WATER CONTROL AND IMPROVEMENT DISTRICT |
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POWERS AND DUTIES. The district has the powers and duties provided |
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by the general law of this state, including Chapters 49 and 51, |
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Water Code, applicable to water control and improvement districts |
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created under Section 59, Article XVI, Texas Constitution. |
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Sec. 9018.102. ROAD PROJECTS. (a) To the extent authorized |
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by Section 52, Article III, Texas Constitution, the district may |
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construct, acquire, improve, maintain, or operate macadamized, |
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graveled, or paved roads or turnpikes, or improvements in aid of |
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those roads or turnpikes, inside the district. |
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(b) A road project must meet all applicable construction |
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standards, zoning and subdivision requirements, and regulatory |
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ordinances or orders of: |
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(1) each municipality in whose corporate limits or |
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extraterritorial jurisdiction the district is located; and |
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(2) each county in which the district is located. |
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Sec. 9018.103. DIVISION OF DISTRICT. (a) The district may |
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be divided into two new districts only if the district: |
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(1) has no outstanding bonded debt; and |
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(2) is not imposing ad valorem taxes. |
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(b) The division procedure is prescribed by Sections 53.030 |
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through 53.041, Water Code. Sections 51.748 through 51.753, Water |
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Code, do not apply to the district. |
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(c) Any new district created by the division of the district |
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has all the powers and duties of the district. |
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(d) Any new district created by the division of the district |
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may not contain any land outside the area described by Section 2 of |
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the Act creating this chapter. |
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Sec. 9018.104. DISSOLUTION OF DISTRICT. (a) Before |
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December 31, 2017, the district may not be dissolved unless the |
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dissolution is approved by: |
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(1) the board; and |
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(2) the governing body of each municipality in whose |
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corporate limits or extraterritorial jurisdiction the district is |
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located. |
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(b) This section expires December 31, 2017. |
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[Sections 9018.105-9018.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 9018.151. TAX TO REPAY BONDS. The district may impose |
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a tax to pay the principal of or interest on bonds or other |
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obligations issued under Section 9018.201. |
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[Sections 9018.152-9018.200 reserved for expansion] |
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SUBCHAPTER E. BONDS |
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Sec. 9018.201. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. (a) The district may issue bonds or other obligations |
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as provided by Chapters 49 and 51, Water Code, to finance the |
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construction, maintenance, or operation of a project under Sections |
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9018.101 and 9018.102. |
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(b) The district may not issue bonds or other obligations to |
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finance projects authorized by Section 9018.102 unless the issuance |
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is approved by a vote of a two-thirds majority of the district |
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voters voting at an election called for that purpose. |
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(c) Bonds or other obligations issued or incurred to finance |
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projects authorized by Section 9018.102 may not exceed one-fourth |
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of the assessed value of the real property in the district. |
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SECTION 2. The Plum Creek Water Control and Improvement |
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District No. 1 of Liberty, Montgomery, and Harris Counties |
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initially includes all the territory contained in the following |
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area: |
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Being all of a 7,750 acre parcel situated in the James T. |
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Dunman Survey, Abstract 1441, Abstract 164, and Abstract 167, of |
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Harris County, Montgomery County, and Liberty County, the Willis |
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McWilkinson Survey, Abstract 318, the H.T. & B. R.R. Co. Survey, |
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Section 15, Abstract 443, the H.T. & B. R.R. Co. Survey, Section |
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14-1/2 also known as the W.R. Searcy Survey Abstract 792, the H.T. & |
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B. R.R. Co. Survey, Section 13-1/2, Abstract 635, the W. |
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McWilkinson Survey, Abstract 317, the Charles Smith Survey, |
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Abstract 350, the B.B.B. & C. Survey, Abstract 152, the James Darwin |
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Survey, Abstract 176, the William H.B. Witham Survey, Abstract 395, |
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the Edward King Survey, Abstract 56, all of Liberty County, Texas, |
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and being a part of a called 7550.32 acre tract conveyed to HF |
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Houston Green Land, L.P. by Special Warranty Deed recorded under |
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Clerk's File No. 2006008098 of the Liberty County Official Public |
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Records of Real Property, and a part of a called 1,122.98 acre tract |
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conveyed to HF Houston Green Land L.P. by Clerk's File No. |
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2006008098 of the Liberty Official Public Records of Real Property, |
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said 7,750 acre parcel more particularly described by the following |
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metes and bounds; |
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BEGINNING, at the most northerly northwest corner of said |
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1,122.98 acre tract; |
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THENCE, North 87°33'40" East, 451.90 feet along a northerly |
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line of said 1,122.98 acre tract to an angle point in the northerly |
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line of said 1,122.98 acre tract and the herein described parcel; |
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THENCE, North 87°05'50" East, 2613.76 feet along a northerly |
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line of said 1,122.98 acre tract to a point in the centerline of |
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Plum Grove Road - F.M. 2100 (called 60 feet wide) for the northeast |
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corner of said 1,122.98 acre tract, and the northwest corner of said |
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7,750.32 acre tract, and an angle point in the north line of the |
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herein described parcel; |
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THENCE, North 87°09'40" East, 18,852.24 feet along the north |
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line of said 7,550.32 acre tract to an angle point in the north line |
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of said 7,550.32 acre tract, and the herein described parcel; |
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THENCE, North 86°56'40" East, 2670.10 feet along the north |
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line of said 7,550.32 acre tract to an angle point in the north line |
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of said 7,550.32 acre tract, and the herein described parcel; |
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THENCE, South 02°34'07" East, 7103.23 feet along a northerly |
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line of said 7,550.32 acre tract to an angle point in the northerly |
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line of said 7,550.32 acre tract, and the herein described parcel; |
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THENCE, South 87°26'24" West, 5165.07 feet along an easterly |
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line of said 7,550.32 acre tract to an angle point in the easterly |
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line of said 7,550.32 acre tract and the herein described parcel; |
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THENCE, South 02°33'03" East, 1652.66 feet along an easterly |
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line of said 7,550.32 acre tract to an angle point in the easterly |
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line of said 7,550.32 acre tract and the herein described parcel; |
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THENCE, North 86°54'28" East, 8219.52 feet along an easterly |
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line of said 7,550.32 acre tract to an angle point in the easterly |
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line of said 7,550.32 acre tract, and the herein described parcel; |
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THENCE, North 86°54'42" East, 1055.04 feet along an easterly |
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line of said 7,550.32 acre tract to an angle point in the easterly |
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line of said 7,550.32 acre tract, and the herein described parcel; |
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THENCE, North 02°02'17" West, 211.93 feet along an easterly |
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line of said 7,550.32 acre tract to an angle point in the easterly |
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line of said 7,550.32 acre tract, and the herein described parcel; |
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THENCE, North 87°51'35" East, 2334.15 feet along an easterly |
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line of said 7,550.32 acre tract to an angle point in the easterly |
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line of said 7,550.32 acre tract, and the herein described parcel; |
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THENCE, South 02°04'15" East, 5336.43 feet along an easterly |
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line of said 7,550.32 acre tract to an angle point in the easterly |
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line of said 7,550.32 acre tract, and the herein described parcel; |
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THENCE, South 87°51'07" West, 2339.90 feet along an easterly |
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line of said 7,550.32 acre tract to an angle point in the easterly |
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line of said 7,550.32 acre tract, and the herein described parcel; |
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THENCE, North 01°59'09" West, 1325.35 feet along an easterly |
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line of said 7,550.32 acre tract to an angle point in the easterly |
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line of said 7,550.32 acre tract, and the herein described parcel; |
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THENCE, North 77°54'20" West, 219.24 feet along an easterly |
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line of said 7,550.32 acre tract to an angle point in the easterly |
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line of said 7,550.32 acre tract, and the herein described parcel; |
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THENCE, North 83°12'30" West, 830.40 feet along an easterly |
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line of said 7,550.32 acre tract to an angle point in the easterly |
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line of said 7,550.32 acre tract, and the herein described parcel; |
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THENCE, South 02°42'29" East, 3710.30 feet along an easterly |
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line of said 7,550.32 acre tract to an angle point in the easterly |
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line of said 7,550.32 acre tract, and the herein described parcel; |
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THENCE, South 87°37'48" West, 2884.02 feet along an easterly |
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line of said 7,550.32 acre tract to an angle point in the easterly |
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line of said 7,550.32 acre tract, and the herein described parcel; |
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THENCE, South 02°20'58" East, 5376.03 feet along an easterly |
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line of said 7,550.32 acre tract to an angle point in the easterly |
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line of said 7,550.32 acre tract, and the herein described parcel; |
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THENCE, South 00°27'55" West, 1540.65 feet along an easterly |
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line of said 7,550.32 acre tract to an angle point in the easterly |
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line of said 7,550.32 acre tract, and a southeast corner of the |
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herein described parcel; |
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THENCE, South 87°56'51" West, 3069.76 feet along the south |
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line of said 7,550.32 acre tract to an angle point in the south line |
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of said 7,550.32 acre tract, beginning a curve to the left; |
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THENCE, along the arc of said curve to the left with a radius |
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of 26900.00 feet, an arc length of 3096.31 feet, through a delta of |
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06°35'42", and a chord bearing North 49°35'41" West, 3094.56 feet to |
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a point in a westerly line of said 7,550.32 acre tract for a |
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southeasterly corner of the herein described parcel; |
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THENCE, North 01°25'03" West, 4797.70 feet along a southerly |
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line of said 7,550.32 acre tract to an angle point in the south line |
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of said 7,550.32 acre tract, and a southeasterly corner of the |
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herein described parcel; |
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THENCE, South 87°49'10" West, 4853.49 feet along a southerly |
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line of said 7,550.32 acre tract to an angle point in the south line |
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of said 7,550.32 acre tract, and a southeasterly corner of the |
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herein described parcel; |
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THENCE, South 87°28'44" West, 4270.96 feet along a southerly |
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line of said 7,550.32 acre tract to an angle point in the south line |
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of said 7,550.32 acre tract, and a southwesterly corner of the |
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herein described parcel; |
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THENCE, North 02°50'12" West, 3505.23 feet along a southerly |
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line of said 7,550.32 acre tract to an angle point in the south line |
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of said 7,550.32 acre tract, and a southwesterly corner of the |
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herein described parcel; |
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THENCE, North 02°38'21" West, 1209.38 feet along a southerly |
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line of said 7,550.32 acre tract to an angle point in the south line |
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of said 7.550.32 acre tract, and a southwesterly corner of the |
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herein described parcel; |
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THENCE, South 87°44'33" West, 5963.89 feet along a southerly |
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line of said 7,550.32 acre tract to an angle point in the south line |
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of said 7,550.32 acre tract, and a southwesterly corner of the |
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herein described parcel beginning a curve to the left; |
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THENCE, along the arc of said curve to the left with a radius |
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of 26,900.00 feet, an arc length of 9440.21 feet, through a delta of |
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20°06'26", and a chord bearing North 38°55'44" West, 9391.81 feet to |
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a point in a northerly line of said 1,122.98 acre tract for a |
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northwest corner of the herein described parcel; |
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THENCE, North 85°18'45" East, 1259.47 feet along a northerly |
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line of said 1,122.98 acre tract to a point for a northwesterly |
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corner of the herein described parcel; |
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THENCE, North 03°09'15" West, 1541.23 feet along a northerly |
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line of said 1,122.98 acre tract to the POINT OF BEGINNING, |
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CONTAINING 7,750 acre tract. |
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SECTION 3. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 4. This Act takes effect September 1, 2007. |