By: Smith of Harris Senate Sponsor-Williams H.B. No. 4016

(In the Senate - Received from the House May 10, 2007; May 14, 2007, read first time and referred to Committee on Intergovernmental Relations; May 19, 2007, reported adversely, with favorable Committee Substitute by the following vote: Yeas 3, Nays 0; May 19, 2007, sent to printer.)

COMMITTEE SUBSTITUTE FOR H.B. No. 4016 By: Nichols

A BILL TO BE ENTITLED

AN ACT

relating to the creation of the Harris County Municipal Utility District No. 508; providing authority to impose a tax 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 8219 to read as follows: CHAPTER 8219. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 508 SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8219.001. DEFINITIONS. In this chapter:

(1) "Board" means the board of directors of the district.

(2) "Director" means a member of the board.

(3) "District" means the Harris County Municipal Utility District No. 508.

Sec. 8219.002. NATURE OF DISTRICT. The district is a municipal utility district in Harris County created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.

Sec. 8219.003. CONFIRMATION ELECTION REQUIRED. If the creation of the district is not confirmed at a confirmation election held under Section 8219.024 before September 1, 2011:

(1) the district is dissolved September 1, 2011, except that:

(A) any debts incurred shall be paid;

(B) any assets that remain after the payment of debts shall be transferred to Harris County; and

(C) the organization of the district shall be maintained until all debts are paid and remaining assets are transferred; and

(2) this chapter expires September 1, 2014.

Sec. 8219.004. 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:

(1) the organization, existence, or validity of the district;

(2) the right of the district to impose taxes;

(3) the validity of the district's bonds, notes, or indebtedness; or

(4) the legality or operation of the district or the board. [Sections 8219.005-8219.020 reserved for expansion] SUBCHAPTER A1. TEMPORARY PROVISIONS

Sec. 8219.021. TEMPORARY DIRECTORS. (a) On or after September 1, 2007, a person who owns land in the district may submit a petition to the Texas Commission on Environmental Quality requesting that the commission appoint as temporary directors the five persons named in the petition.

(b) The commission shall appoint as temporary directors the five persons named in the first petition received by the commission under Subsection (a).

(c) If a temporary director fails to qualify for office, the commission shall appoint a person to fill the vacancy.

(d) Temporary directors serve until the earlier of:

(1) the date directors are elected under Section 8219.024; or

(2) the date this chapter expires under Section 8219.003.

Sec. 8219.022. ORGANIZATIONAL MEETING OF TEMPORARY DIRECTORS. As soon as practicable after all the temporary directors have qualified under Section 49.055, Water Code, the temporary directors shall meet at a location in the district agreeable to a majority of the directors. At the meeting, the temporary directors shall elect officers from among the temporary directors and conduct any other district business.

Sec. 8219.023. CONSENT OF MUNICIPALITY REQUIRED. The temporary directors may not hold an election under Section 8219.024 until each municipality in whose corporate limits or extraterritorial jurisdiction the district is located, if any, has adopted a resolution consenting to the creation of the district.

Sec. 8219.024. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. The temporary directors shall hold an election to confirm the creation of the district and to elect five directors as provided by Section 49.102, Water Code.

Sec. 8219.025. INITIAL ELECTED DIRECTORS; TERMS. The directors elected under Section 8219.024 shall draw lots to determine which two shall serve until the first regularly scheduled election of directors under Section 8219.052 and which three shall serve until the second regularly scheduled election of directors.

Sec. 8219.026. EXPIRATION OF SUBCHAPTER. This subchapter expires September 1, 2014. [Sections 8219.027-8219.050 reserved for expansion] SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 8219.051. DIRECTORS; TERMS. (a) The district is governed by a board of five directors.

(b) Directors serve staggered four-year terms.

Sec. 8219.052. ELECTION OF DIRECTORS. On the uniform election date in May of each even-numbered year, the appropriate number of directors shall be elected. [Sections 8219.053-8219.100 reserved for expansion] SUBCHAPTER C. POWERS AND DUTIES

Sec. 8219.101. 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. 8219.102. ROAD PROJECTS. (a) To the extent authorized by Section 52, Article III, Texas Constitution, the district may construct, acquire, improve, maintain, or operate macadamized, graveled, or paved roads or turnpikes, or improvements in aid of those roads or turnpikes, inside the district.

(b) A road project must meet all applicable construction standards, zoning and subdivision requirements, and regulatory ordinances or orders of each municipality in whose corporate limits or extraterritorial jurisdiction the district is located. If the district is located outside the extraterritorial jurisdiction of a municipality, a road project must meet all applicable construction standards, zoning and subdivision requirements, and regulatory ordinances of each county in which the district is located.

(c) The district may not undertake a road project unless each municipality in whose corporate limits or extraterritorial jurisdiction the district is located consents by ordinance or resolution.

Sec. 8219.103. DIVISION OF DISTRICT. (a) The district may be divided into two new districts only if the district:

(1) has no outstanding bonded debt; and

(2) is not imposing ad valorem taxes.

(b) The division procedure is prescribed by Sections 53.030 through 53.041, Water Code.

(c) Any new district created by the division of the district has all the powers and duties of the district.

(d) At the time of creation, any new district created by the division of the district may not contain any land outside the area described by Section 2 of the Act creating this chapter.

Sec. 8219.104. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCES OR RESOLUTIONS. The district shall comply with all applicable requirements of any ordinance or resolution adopted by the city council of the City of Baytown. [Sections 8219.105-8219.150 reserved for expansion] SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 8219.151. TAX TO REPAY BONDS. The district may impose a tax to pay the principal of or interest on bonds or other obligations issued under Section 8219.201. [Sections 8219.152-8219.200 reserved for expansion] SUBCHAPTER E. BONDS

Sec. 8219.201. AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS. (a) The district may issue bonds or other obligations as provided by Chapters 49 and 54, Water Code, to finance the construction, maintenance, or operation of a project under Section 8219.101 or 8219.102.

(b) The district may not issue bonds or other obligations to finance projects authorized by Section 8219.102 unless the issuance is approved by a vote of a two-thirds majority of the district voters voting at an election called for that purpose.

(c) Bonds or other obligations issued or incurred to finance projects authorized by Section 8219.102 may not exceed one-fourth of the assessed value of the real property in the district.

SECTION 2. Harris County Municipal Utility District No. 508 includes all the territory contained in the following area: TRACT I: FIELD NOTES of a 428.7763 acre tract of land situated in the WILLIAM SCOTT LOWER LEAGUE, ABSTRACT NO, 65, Harris County, Texas, and being out of and a part of a 1541 acre tract of land conveyed to Ashbel Smith Land Company by B.W. Armstrong, et al, by Deed dated November 29, 1935, and recorded in Volume 996 at Page 379 of the Deed Records of Harris County, Texas. This 428.7763 acre tract of land is more particularly described by metes and bounds as follows, to-wit: NOTE: ALL BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES REFER TO THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE, NAD 83. ALL DISTANCES ARE ACTUAL DISTANCES. SCALE FACTOR EQUAL 0.9998389.

BEGINNING at a 2 inch iron pipe found for the Northeast corner of a 1.5116 acre tract of land called Tract 2 conveyed to Jack A. Howard, et al, by Robert O. Busch, et al, by Deed dated March 15, 1978, and recorded at County Clerk's File No F530458 of the Official Public Records of Real Property of Harris County, Texas, and in the South right-of-way line of State Highway No. 146, 200 foot wide right-of-way. Said point being the Northwest corner and POINT OF BEGINNING of this tract and having a State Plane Coordinate Value of N equal 13,830,522.01 and E equal 3,247,084.46.

THENCE: North 65°41'29" East along a Northwest line of this tract of land and the South right-of-way line of Highway No. 146 for a distance of 1179.61 feet to a 1/2 inch iron rod found for the North corner of this tract of land, at the intersection of the South right-of-way Highway No. 146 and a curve in the Southwest right-of-way line of the Missouri Pacific Railroad, 160 foot wide right-of-way, 11.56848 acre tract of land called Parcel 2 as conveyed to Missouri Pacific Railroad Company by Ashbel Smith Land Company, by Deed dated January 9, 1967, and recorded Volume 6644 at Page 486 of' the Deed Records of Harris County, Texas. From this corner a 2 inch iron pipe found bears North 02°09'50" West a distance of 1.717 feet;

THENCE: In an Easterly direction along the Northeast line of this tract of land, the Southwest right-of-way line of Missouri Pacific Railroad and said curve to the left, concave Northeast; said curve having a central angle of 63°19'19", a radius of 652.96 feet, and a chord bearing and distance of South 56°17'46" East 685.47 feet, for an arc length of 721.63 feet to a point in a 12 inch oak tree for the TERMINATION POINT of said curve;

THENCE: South 87°58'03" East a distance of 496.04 feet;

THENCE: North 02°01'57" East along a West line of' this tract of land, and an East line of Missouri Pacific Railroad a distance of 30.00 feet to a 5/8 inch iron rod found for a Northwest corner of this tract of land, and an interior corner of Missouri Pacific Railroad, 100 foot wide right-of-way at this point;

THENCE: South 87°58'03" East along the North line of this tract of land, and the South right-of-way line of Missouri Pacific Railroad a distance of 1107.25 feet to a 1/2 inch iron rod found for the Northeast corner of this tract of land, and the Northwest corner of a 192.9755 acre tract of land conveyed to Hazelwood Enterprises, Incorporated by Ashbel Smith Land LTD, by Deed dated June 30, 1995, and recorded under County Clerk's File No R462464 of the Official Public Records of Real Property of Harris County. Texas;

THENCE: In a Southerly direction with the East line of this tract of land, and the West line of said 192.9755 acre tract of land the following courses and distances: South 04°16'13" East for a distance of 832.57 feet to a 1/2 inch sucker rod, found; South 14°37'06" West for a distance of 799.25 feet to a 5/8 inch iron rod, found; South 30°58'10" East for a distance of 577.16 feet to a 5/8 inch iron rod, found; South 55°20'10" West for a distance of 924.01 feet to a 1/2 inch iron rod, found; South 12°12'35" West for a distance of 598.86 feet to a 1/2 inch iron rod, found; South 08°25'45" East for a distance of 780.82 feet to a 1/2 inch iron rod, found; South 03°03'30" West for a distance of 360.18 feet to a 5/8 inch iron rod, found; South 28°22'50" West for a distance of 548.81 feet to a 1/2 inch iron rod found for an angle corner of this tract of land in the West line of said 192.9755 acre tract of land, and the Northernmost Northeast corner of a 25.12 acre tract of land conveyed to Hazelwood Enterprises, Incorporated by Ashbel Smith Land Company, by Deed dated May 31, 1996, and recorded under County Clerk's File No. S378741 of the Official Public Records of Real Property of Harris County. Texas.

THENCE: North 70°40'00" West along a Southwest line of this tract of land and the Westernmost North line of said 25.12 acre tract of land for a distance of 1005.91 feet to a 1/2 inch iron rod found for an interior corner of this tract of land and the Northwest corner of said 25.12 acre tract of land;

THENCE: South 19°20'00" West along a Southeast line of this tract of land and the West line of said 25.12 tract of land for a distance of 1008.68 feet to a 1/2 inch iron rod found for an interior corner of this tract of land and the Southwest corner of said 25.12 acre tract of land;

THENCE: South 70°40'00" East with a Northeast line of this tract of land and the South line of said 25.12 acre tract of land for a distance of 819.36 feet to a 1/2 inch iron rod found for an angle corner of this tract of land, and an angle corner of said 25.12 acre tract of land;

THENCE: South 82°38'38" East with a North tine of this tract of land, and the South line of said 25.12 acre tract of land a distance of 202.89 feet 'to a 1/2 inch iron rod found for the Southeast corner of this tract of land and the Southeast corner of said 25.12 acre tract of land, in the North right-of-way line of Evergreen Road, 60 foot wide right-of-way;

THENCE: South 48°15'58" West with a Southeast line of this tract of land, and the Northwest right-of-way of Evergreen Road for a distance of 254.23 feet to a 1/2 inch iron rod found for the BEGINNING POINT of a curve to the right, concave North;

THENCE: Along and around said curve in a Westerly direction with the South line of this tract of land and the North right-of-way line of Evergreen Road, said curve having a central angle of 61°23'35", a radius of 439.58 feet and a chord bearing and distance of South 78°58'46" West 448.80 feet, for an arc length of 471.01 feet to ½ inch iron rod, with cap, set for the TERMINATION POINT of said curve;

THENCE: North 70°18'02" West along a Southwest line of this tract of land and the Northeast right-of-way line of Evergreen Road for a distance of 426.43 feet to a ½ inch iron rod found for the BEGINNING POINT of a curve to the right, concave Northeast;

THENCE: Along and around said curve, in a Northwesterly direction, with a Southwest line of this tract of land and the Northeast right-of-way line of Evergreen Road, said curve having a central angle of 11°26'15" a radius of 1225.96 feet, and a chord bearing and distance of North 64°34'06" West 244.32 feet, for an arc length of 244.73 feet to a 1/2 inch iron rod, with cap, set for the TERMINATION POINT of said curve;

THENCE: North 58°51'56" West along a Southwest line of this tract of land, and the North right-of-way line of Evergreen Road for a distance of 982.39 feet to a 1/2 inch iron rod, with cap, set for the BEGINNING PO1NT of a curve to the right, concave Northeast;

THENCE: Along and around said curve, in a Northwesterly direction, with a Southwest line of this tract of land and the Northeast right-of-way line of Evergreen Road, said curve having a central angle of 15°59'48", a radius of 789.20 feet, and a chord bearing and distance of North 50°50'40" West 219.63 feet, for an arc length of 220.34 feet to a 1/2 inch iron rod found for the TERMINATION POINT of said curve;

THENCE: North 42°52'16" West along a Southwest line of this tract or land and the Northeast right-of-way line of Evergreen Road for a distance of 685.33 feet to a 1/2 inch iron rod found for the BEGINNING POINT of a curve to left, concave Southwest;

THENCE: Along and around said curve to the left, in a Northerly direction, with a Southwest line of this tract of land and the Northeast right-of-way line of Evergreen Road, said curve having a central angle of' 03°08'33", a radius of 6814.28 feet, and a chord bearing and distance of North 44°27'42" West 313.68 feet, for an arc length of 373.73 feet, to a 1/2 inch iron rod found for the TERMINATION POINT of said curve;

THENCE: North 46°00'58" West along a Southwest line of this tract of land and the Northeast right-of-way line of Evergreen Road for a distance of 531.26 feet to a ½ inch iron rod, with cap, set far the Southwest corner of this tract of land and the Southeast corner of an 80 acre tract of land conveyed to Bill W. Nance by Alvie Wright Nance, by Deed dated October 22, 1996, and recorded under County Clerk's File No. S210455 of the Official Public Records of Real Property of Harris County, Texas;

THENCE: North 50°36'12" East along the West line of this tract of land and the East line of said 80 acre tract of land, and at 2.37 feet pass a 4 inch pipe fence corner post, continuing along said line and a barb wire fence a total distance of 536.04 feet to a 2 inch iron pipe found for an angle corner of this tract of land and an angle corner of said 80 acre tract of land;

THENCE: in a Northerly direction along the West line of this tract of land and the East line of said 80 acre tract of land, and a barb wire fence line the following courses and distances: North 54°45'13" West for a distance of 293.16 feet to a 1/2 inch iron rod, with cap, set; North 16°15'01" East for a distance of 1171.99 feet to a 2 inch iron pipe, found; North 43°11'17" East for a distance of 341.17 feet to a 2 inch iron pipe, found; North 18°00'45" East for a distance of 481.29 feet to a 1/2 inch iron rod, with cap, set; North 15°59'25" East for a distance of 927.59 feet to a 2-1/2 inch metal post found for an angle corner in the West line of this tract of land at the Northeast corner of said 80 acre tract of land, and the Southeast corner of said 1.5116 acre tract of land.

THENCE: North 16°07'47" East along the West line of this tract of land and the East line of said 1.5116 acre tract of land, and a barb wire a distance of 677.44 feet to the PLACE OF BEGINNING, containing with these boundaries, 428.7763 acres of land. TRACT II: FIELD NOTES of a 190.8900 acre tract of land situated in the WILLIAM SCOTT LOWER LEAGUE, ABSTRACT NO. 65, Harris County, Texas, and being out of and a part of a 1541 acre tract of land conveyed to Ashbel Smith Land Company by B.W. Armstrong, at al, by Deed dated November 29, 1935, and recorded in Volume 996 at Page 379 of the Deed Records of Harris County, Texas. This 190.8900 acre tract of land is more particularly described by metes and bounds as follows, to-wit: NOTE: ALL BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES REFER TO THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE, NAD 83. ALL DISTANCES ARE ACTUAL DISTANCES. SCALE FACTOR EQUAL 0.9998389.

BEGINNING at a 2 inch iron pipe found at the intersection of the West right-of-way line of Tri-Cities Beach Road (80-feet wide right-of-way) and the East right-of-way line of Evergreen Road (60 feet wide right-of-way). Said point being the Northwest corner of and POINT OF BEGINNING of this tract and having a State Plane Coordinate Value of N equals 13,828,122.96 and E equals 3,252,877.00,

THENCE: South 08°10'50" East along the North line of the tract and the West right-of-way line of said Tri-Cities Beach Road for a distance of 85.95 feet to a 1/2 inch iron rod found for the BEGINNING POINT of a curve to the left, concave Northeasterly;

THENCE: Along and around said curve to the left, in a Southeasterly direction, along the North line of this tract and the Southwest right-of-way line of said Tri-Cities Beach Road, said curve having a central angle of 38°51'08", a radius of 619.37 feet, and a chord bearing and distance of South 27°40'00" East 411.99 feet, for an arc length of 419.99 feet to a 1/2 inch iron rod found for the TERMINATION POINT of said curve;

THENCE: South 47°02'38" East along the North line of the tract and the South right-of-way line of said Tri-Cities Beach Road for a distance of 490.40 feet to a 2 inch iron pipe found in the Southeast line of said 1541 acres and the West line of that certain 410 acre tract conveyed to The Robert A, Welch Foundation by Norbert Dittrich, Trustee, by Deed dated June 8, 1992 and recorded under County Clerk's File No. N729870 of the Official Public Records of Real Property of Harris County, Texas. Said point being the Northeast corner of this tract;

THENCE: In a Southwesterly direction along the East line of this tract, the Southeast line of said 1541 acres and the West line of said 410 acres and a barb wire fence the following courses and distances of fence corner posts: South 33°25'24" West for a distance of 955.62 feet; South 32°14'47" West for a distance of 684.55 feet; South 32°22'20" West for a distance of 412.82 feet; South 33°08'42" West for a distance of 278.12 feet: South 34°18'57" West for a distance of 65.89 feet; South 32°17'21" West for a distance of 124.76 feet: South 31°18'43' West for a distance of 415.86 feet; South 31°33'17" West for a distance of 241.24 feet; South 33°06'08" West, at 367.43 feet pass a 1/2 inch iron rod found for reference, in all, a total distance of 567.33 feet to a point for the Southeast corner of this tract of land, the South or Southeast corner of the residue said 1541 acre tract of land, and the Southwest corner of the residue of said 410 acre tract of land in the North Shoreline of Tabbs Bay;

THENCE: In a Westerly direction along the South and Southwest line of this tract of land, the South and Southwest line of said 1541 acre tract of land, and the North Shoreline of Tabbs Bay the following courses and distances: North 88°55'46" West for a distance of 327.11 feet; South 86°35'57" West for a distance of 148.88 feet; North 87°05'17" West for a distance of 285.39 feet; South 89°03'13" West for a distance of 35.54 feet; South 84°36'10" West for a distance of 18.55 feet; North 72°28'01" West for a distance of 41.41 feet; South 85°17'36" West for a distance of 51.85 feet: North 82°22'14" West for a distance of 42.01 feet: South 82°42'08" West for a distance of 75.83 feet; North 88°16'47" West for a distance of 43.61 feet; North 68°24'25" West for a distance of 52.81 feet; South 85°33'17" West for a distance of 87.28 feet; South 74°44'54" West for a distance of 28.35 feet: North 87°23'01" West for a distance of 29.42 feet; South 86°03'26" West for a distance of 51.34 feet; South 88°24'42" West for a distance of 33.26 feet; North 69°22'43" West for a distance of 44.51 feet; North 74°20'25" West for a distance of 57.40 feet; North 63°20'40" West for a distance of 28.91 feet; North 88°47'18" West for a distance of 30.74 feet; North 69°54'34" West for a distance of 34.90 feet; North 84°06'55" West for a distance of 66.96 feet; North 85°29'49" West for a distance of 71.50 feet; North 85°27'53" West for a distance of 21.90 feet; North 78°52'23" West for a distance of 28.69 feet; North 83°56'17" West for a distance of 51.04 feet; North 61°59'42" West for a distance of 52.02 feet; South 84°22'50" West for a distance of 52.82 feet; South 88°51'08" West for a distance of 23.16 feet; North 61°55'47" West for a distance of 38.94 feet; North 49°55'23" West for a distance of 44.19 feet; North 53°52'07" West for a distance of 12.97 feet; North 81°44'56" West for a distance of 160.87 feet; South 83°22'26" West for a distance of 29.15 feet; South 68°48'25" West for a distance of 40.13 feet; South 78°25'18" West for a distance of 30.32 feet; North 88°51'04" West for a distance of 34.86 feet; North 71°01'36" West for a distance of 25.20 feet; South 74°33'00" West for a distance of 62.54 feet; South 75°39'42" West for a distance of 46.99 feet; South 73°28'30" West for a distance of 46.94 feet; North 75°04'30" West for a distance of 34.48 feet; North 87°18'57" West for a distance of 26.99 feet; North 74°44'40" West for a distance of 53.85 feet; North 69°43'09" West for a distance of 37.71 feet: North 76°50'23" West for a distance of 68.75 feet; North 18°05'39" West for a distance of 16.96 feet; North 82°30'06" West for a distance of 23.95 feet; North 68°38'12" West for a distance of 43.51 feet; North 87°02'28" West for a distance of 28.75 feet; South 77°12'34" West for a distance of 98.93 feet; South 62°52'32" West for a distance of 30.51 feet; South 86°33'31" West for a distance of 29.97 feet; North 78°47'14" West for a distance of 21.04 feet; North 65°15'48" West for a distance of 30.37 feet; North 69°11'45" West for a distance of 18.49 feet; South 69°39'39" West for a distance of 36.68 feet; South 44°46'25" West for a distance of 19.88 feet: North 88°42'18" West for a distance of 30.71 feet; North 35°25'16" West for a distance of 25.84 feet; North 43°56'57" West for a distance of 66.81 feet; North 69°33'39" West for a distance of 25.53 feet; South 82°37'29" West for a distance of 32.79 feet; South 70°41'47' West for a distance of 45.48 feet; South 73°51'11" West for a distance of 77.25 feet; North 69°04'53" West for a distance of 23.64 feet; South 82°49'35" West for a distance of 54.79 feet; North 63°43'38" West for a distance of 47.25 feet; North 69°52'09" West for a distance of 40.92 feet; North 63°51'20" West for a distance of 76.57 feet; South 77°58'21" West for a distance of 44.95 feet; South 71°04'19" West for a distance of 38.47 feet; South 89°21'31" West for a distance of 46.09 feet; South 81°16'49" West for a distance of 51.75 feet; North 64°51'22" West for a distance of 52.66 feet; North 45°29'59" West for a distance of 36.32 feet; North 50°01'36" West for a distance of 44.70 feet; North 40°32'20" West for a distance of 57.82 feet; North 56°04'30" West for a distance of 29.64 feet; North 42°13'38" West for a distance of 83.32 feet; North 45°36'12" West for a distance of 131.28 feet; North 60°56'34" West for a distance of 24.55 feet; North 73°49'18" West for a distance of 39.81 feet; South 86°37'37" West for a distance of' 66.30 feet; South 82°06'35" West for a distance of 57.98 feet; North 84°53'44" West for a distance of 67.61 feet; South 86°51'43" West for a distance of 113.65 feet; South 82°24'27" West for a distance of 64.78 feet; North 85°47'51" West for a distance of 54.21 feet; North 53°44'00" West for a distance of 59.11 feet; North 67°10'24" West for a distance of 98.13 feet; North 60°26'48" West for a distance of 108.63 feet; North 77°04'26" West for a distance of 56.72 feet; North 70°41'28" West for a distance of 48.39 feet; North 24°38'47" West for a distance of 37.48 feet; North 35°28'37" West for a distance of 60.82 feet; North 34°40'28" West for a distance of 63.44 feet; North 32°16'15" West for a distance of 92.67 feet; North 28°14'50" West for a distance of 24.39 feet; North 18°58'56" West for a distance of 50.36 feet; North 10°46'04" West for a distance of 52.33 feet; North 02°54'52" East for a distance of 92.52 feet; North 02°17'41" East for a distance of 71.56 feet; North 22°57'48" West for a distance of 15.77 feet; North 40°34'54" West for a distance of 49.13 feet; North 00°04'44" West for a distance of 31.28 feet; North 33°49'16" East for a distance of 10.19 feet; North 14°16'04" West for a distance of 14.83 feet; North 37°19'44" East for a distance of' 12.06 feet; North 17°19'51" West for a distance of 27.29 feet; North 46°04'59" West for a distance of 9.73 feet; North 28°11'03" West for a distance of 36.31 feet; North 01°10'05" West for a distance of 34.88 feet; North 33°00'35" West for a distance of 61.63 feet; North 27°24'44" West for a distance of 76.44 feet; North 28°44'12" West for a distance of 34.52 feet; North 24°57'18" West for a distance of 37.96 feet; North 39°02'25' West for a distance of 66.35 feet; North 31°40'07" West for a distance of 158.77 feet; North 43°30'37" West for a distance of 17.49 feet; North 49°45'41" West for a distance of 32.48 feet; North 33°36'44" West for a distance of 33.43 feet; North 10°32'00" East for a distance of 23.90 feet; North 70°51'15" East for a distance of 14.81 feet; North 31°01'35" West for a distance of 36.45 feet; North 30°25'37" East for a distance of 19.39 feet; North 10°22'13" West for a distance of 10.63 feet; South 61°43'13" West for a distance of 30.52 feet; North 87°01'08" West for a distance of 30.34 feet; North 64°12'23" West for a distance of 24.85 feet; North 45°33'24" West for a distance of 35.74 feet; North 26°03'22" West for a distance of 32.67 feet; North 02°35'50" West for a distance of 33.54 feet; North 32°06'30" East for a distance of 41.08 feet; North 48°28'11" West for a distance of 79.08 feet; South 52°31'51" West for a distance of 17.51 feet; South 89°49'31" West for a distance of 17.06 feet; North 66°53'15" West for a distance of 24.01 feet; North 51°13'13" West for a distance of 31.90 feet; North 33°33'59" West for a distance of 30.59 feet; North 16°06'29" West for a distance of 30.81 feet; North 57°46'29" West for a distance of 44.83 feet; North 51°23'12" West for a distance of 25.36 feet; North 66°31'12" West for a distance of 19.82 feet; North 17°58'04" East for a distance of 16.75 feet; North 60°22'04" West for a distance of 21.01 feet; South 77°07'22" West for a distance of 12.47 feet; North 55° 58'18" West for a distance of 25.69 feet; North 53°47'21" West for a distance of 50.05 feet; North 43°20'04" West for a distance of 40.19 feet; North 20°26'42" West for a distance of 27.18 feet to a point for the Westernmost Southwest corner of this tract, the West corner of the residue of said 1541 acres and a Southeast corner of the residue of said 80 acre tract of land;

THENCE: North 50°36'12" East along the Westernmost West line of this tract of land, the Northwest line of said 1541 acre tract of land, and the Southeast line of said 80 acre tract of land a distance of 94.70 feet to a ½ inch iron rod found for the most Westernmost Northwest corner to this tract in the South right-of-way line of Evergreen Road;

THENCE: South 46°00'58" East along the Westernmost North line of this tract of land and the South right-of-way line of Evergreen Road for a distance of 538.58 feet to a 1/2 inch iron rod found for the BEGINNING POINT of a curve to the right, concave Southwest;

THENCE: Along and around said curve to the right, in a Southeasterly direction, along the Westernmost North line of this tract and the South right-of-way line of Evergreen Road. said curve having a central angle of 03°08'34", a radius of 6754.28 feet, and a chord bearing and distance of South 44°27'43" East 370.43 feet, for an arc length of 370.47 feet to a 1/2 inch iron rod found for the TERMINATION POINT of said curve;

THENCE: South 42"52'16" East along the Westernmost North line of this tract of land and the South right-of-way line of Evergreen Road for a distance of 685.33 feet to a 1/2 inch iron rod found for the BEGINNING POINT of a curve to the left, concave Northeast;

THENCE: Along and around said curve to the left, in a Southeasterly direction, along the Westernmost North line of this tract and the South right-of-way line of Evergreen Road, said curve having a central angle of 15°59'48", a radius of 849.20 feet, and a chord bearing and distance of South 50°50'46" East 236.32 feet, and an arc length of 237.09 feet to a 1/2 inch iron rod found for the TERMINATION POINT of said curve;

THENCE: South 58°51'56" East along the Westernmost North line of this tract of land and the South right-of-way line of Evergreen Road for a distance of 982.39 feet to a 1/2 inch iron rod found for the BEGINNING POINT of a curve to the left, concave Northeast;

THENCE: Along and around said curve to the left, in a Southeasterly direction, along the Westernmost North line of this tract and the South right-of-way line of Evergreen Road, said curve having a central angle of 11°26'17", a radius of 1285.96 feet, and a chord bearing and distance of South 64°34'10" East 256.29 feet, for an arc length of 256.72 feet to a 1/2 inch iron rod found for the TERMINATION POINT of said curve;

THENCE: South 70°18'02" East along the Westernmost North line of this tract of land and the South right-of-way line of Evergreen Road for a distance of 426.43 feet to a 1/2 inch iron rod, with cap set for the BEGINNING POINT of a curve to the left, concave Northeast;

THENCE: Along and around said curve to the left, in a Southeasterly direction, along the Westernmost North line of this tract and the South right-of-way line of Evergreen Road, said curve having a central angle of 61°23'44", a radius of 499.58 feet, and a chord bearing and distance of North 78 East 510.08 feet, for an arc length of 535.33 feet to a 1/2 inch iron rod found for the TERMINATION POINT of said curve;

THENCE: North 48°15'58" East along the Northernmost West line of this tract and the Southeast right-of-way line of Evergreen Road for a distance of 5222.61 feet to the PLACE OF BEGINNING and containing within these boundaries 190.8900 acres of land. TRACT III: FIELD NOTES of a 0.7928 of an acre tract of land situated in the WILLIAM SCOTT LOWER LEAGUE. ABSTRACT NO. 65, Harris County, Texas, and being out of and a part of a 1541 acre tract of land conveyed to Ashbel Smith Land Company by B.W. Armstrong, et al by Deed dated November 29, 1935, and recorded in Volume 996 at Page 379 of the Deed Records of Harris County. Texas. This 0.7928 of an acre tract of land is more particularly described by metes and bounds as follows, to wit: NOTE: ALL BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES REFER TO THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE, NAD 83. ALL DISTANCES ARE ACTUAL DISTANCES. SCALE FACTOR EQUALS 0.9998389.

BEGINNING at a 1 inch iron rod found in the Northwest right-of-way line of State Highway No. 146 (200 feet wide right-of-way) in a West line of said 1541 acres, at the Southeast corner of that certain 1.1282 acre tract of land conveyed by Robert 0. Busch, et al to Jack A. Edwards, et al, by Deed dated March 15, 1978 and recorded under County Clerk's File No. F530458 of the Deed Records of Harris County. Texas. Said point being the Southernmost corner and POINT OF BEGINNING of this tract and having a State Plane Coordinate Value of N equals 13,830,773.15 and E equals 3,247,154.11;

THENCE: North 15°31'26" East along the West line of this tract, a West line of said 1541 acres and the East line of said 1.1282 acres for a distance of 385.32 feet to a 1/2 inch iron rod, with cap, set in the West right-of-way line of South Main Street (80 feet wide right-of-way) for the Northernmost corner of this tract;

THENCE: South 22°13'15" East along the East line of this tract and the West right-of-way line of said South Main Street for a distance of 292.83 feet to a 1/2 inch iron rod, with cap, set in the intersection of said West right-of-way line of South Main Street with the Northwest right-of-way line of said State Highway No. 146 for the Southeast corner of this tract;

THENCE: South 64°54'03" West along the South line of this tract and the Northwest right-of-way line of said State Highway No. 146 for a distance of 236.17 to the PLACE OF BEGINNING and containing within these boundaries 0.7928 of acre of land. TRACT IV: FIELD NOTES of a 13.9524 acre tract of land situated in the WILLIAM SCOTT LOWER LEAGUE. ABSTRACT NO. 65, Harris County, Texas, and being out of and a part of a 1541 acre tract of land conveyed to Ashbel Smith Land Company by B.W. Armstrong, at al, by Deed dated November 29, 1935, and recorded in Volume 996 at Page 379 of the Deed Records of Harris County, Texas. This 13.9524 acre tract of land is more particularly described by metes and bounds as follows: NOTE: ALL BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES REFER TO THE TEXAS STATE PLANE COORDINATE SYSTEM SOUTH CENTRAL ZONE NAD 83 ALL DISTANCES ARE ACTUAL DISTANCES. SCALE FACTOR EQUALS 0.9998389.

BEGINNING at a 2 inch iron pipe found at the intersection of the Northwest right-of-way line of State Highway No. 146 (200 feet wide right-of-way) with the West right-of-way of the Missouri Pacific Railroad (Parcel No. 1 containing 3.66104 acres conveyed by Ashbel Smith Land Company to Missouri Pacific Railroad Company by Deed dated January 9, 1967 and recorded in Volume 6644 at Page 486 of the Deed Records of Harris County, Texas). Said point being the Southeast corner and POINT OF BEGINNING of this tract and having a State Plane Coordinate Value of N equals 13,831,189.38 and E equals 3,248,077.78;

THENCE: South 65°37'44" West along the South line of this tract and the Northwest right-of-way line of said State Highway No. 146 for a distance of 696.48 feet to a 1/2 inch iron rod, with cap, set at the intersection of said line with the East right-of-way line of South Main Street (80 feet wide right-of-way). Said point being the Southwest corner of this tract;

THENCE: North 22°13'15" West along the West line of this tract and the East right-of-way line of said South Main Street for a distance of 394.02 feet to a 1/2 inch iron rod, set in a West line of said 1541 acres for an angle point in the West line of this tract at the Southernmost corner of that certain 8.71 acre tract conveyed by Diana Shelton to Charles M. Shelton (undivided 1/2 interest) by Deed dated February 22 1994 and recorded under County Clerk's File No. P720769 of the Official Public Records of Real Property of Harris County, Texas);

THENCE: North 15°53'55" East along the West line of this tract, a West line of said 1541 acres and the East line of said 8.71 acres for a distance of 1129.89 feet to a 1/2 inch iron rod, with cap, set in the South right-of-way tine of South Alexander Drive (120 feet wide right-of-way) for the Northwest corner of this tract and the Northeast corner of said 8.71 acres;

THENCE: South 88°07'11" East along the Westernmost North line of this tract and the South right-of-way line of said South Alexander Drive for a distance of 172.74 feet to a 2 inch iron pipe found at the intersection or said line with the West right-of-way line of said Missouri Pacific Railroad;

THENCE: South 00°22'43" East along the Northernmost East line of this tract and the West right-of-way line of said Missouri Pacific Railroad for a distance of 167.73 feet to a 1/2 inch iron rod, with cap, set for the BEGINNING POINT of a curve to the left, concave Easterly;

THENCE: Along and around said curve to the left, in a Southeasterly direction, along the Northernmost East line of this tract and the West right-of-way line of said Missouri Pacific Railroad, said curve having a central angle of 17°26'52", a radius of 1195.93 feet, and a chord bearing and distance of South 08°59'47" East 362.78 feet, for an arc length of 364.18 feet to a fence corner post found for the TERMINATION POINT of said curve, an interior corner of said Missouri Pacific Railroad and an exterior corner of this tract;

THENCE: South 71°27'32" West along the Southernmost North line of this tract and an exterior line of said Missouri Pacific Railroad for a distance of 30.00 feet to a fence corner post found for an interior corner of this tract and an exterior corner of said Missouri Pacific Railroad; said point being the BEGINNING POINT of a curve to the left, concave Easterly;

THENCE: Along and around said curve to the left, in a Southeasterly direction, along the Southernmost East line of this tract and the West right-of-way line of said Missouri Pacific Railroad, said curve having a central angle of 06°30'36", a radius of 1225.93 feet, and a chord bearing and distance of South 20°59'43" East 139.22 feet, for an arc length of 139.29 feet to a 1/2 inch iron rod, with cap, set for the TERMINATION POINT of said curve;

THENCE: South 24°15'01" East along the Southernmost East line of this tract and the West right-of-way line of said Missouri Pacific Railroad for a distance of 540.50 feet to the PLACE OF BEGINNING and containing within these boundaries 13.9524 acres of land. TRACT V: FIELD NOTES of a 28.5456 acre tract of land situated in the WILLIAM SCOTT LOWER LEAGUE, ABSTRACT NO. 65, Harris County. Texas. and being out of and a part of a 1541 acre tract of land conveyed to Ashbel Smith Land Company by B.W. Armstrong, et al, by Deed dated November 29, 1935, and recorded in Volume 996 at Page 379 of the Deed Records of Harris County, Texas. This 28.5456 acre tract of land is more particularly described by metes and bounds as follows, to-wit: NOTE: ALL BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORO1NATES REFER TO THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE, NAD 83, ALL DISTANCES ARE ACTUAL DISTANCES. SCALE FACTOR EQUALS 0.9998389.

BEGINNING at a 1/2 inch iron rod, with cap, set at the intersection of the Northwest right-of-way line of State Highway No. 146 (200 feet wide right right-of-way) with the East right-of-way of the Missouri Pacific Railroad (Parcel No. 1 containing 3.66104 acres conveyed by Ashbel Smith Land Company of Missouri Pacific Railroad Company Deed dated January 9, 1967 and recorded in Volume 6644 at Page 486 of the Deed Records of Harris County, Texas). Said point being the Southwest corner and POINT OF BEGINNING of this tract and having a State Plane Coordinate Value of N equals 13,831,254.86 and E equals 3,248,223.73;

THENCE: North 24°15'03" West along the Southernmost West line of this tract and the East right-of-way line of said Missouri Pacific Railroad for a distance of 540.66 feet to a 1/2 inch iron, with cap, set for the BEGINNING POINT of curve to the right, concave Easterly;

THENCE: Along and around said curve to the right, in a Northwesterly direction, along the Southernmost West line of this tract and the East right-of-way line of said Missouri Pacific Railroad, said curve having a central angle of 06°37'49", a radius of 1065.93 feet, and a chord bearing and distance of North 20°56'07" West 123.28 feet, for an arc length of 123.35 feet to a fence corner post found for an interior corner of this tract and an exterior corner of said Missouri Pacific Railroad;

THENCE: South 71°27'32" West along the Westernmost South line of this tract and an exterior line of said Missouri Pacific Railroad for a distance of 30.00 feet to a fence corner post found for an exterior corner of this tract and an interior corner of said Missouri Pacific Railroad; said point being the BEGINNING POINT of a curve to the right, concave Easterly;

THENCE: Along and around said curve to the right, in a Northerly direction, along the Northernmost West line of this tract and the East right-of-way line of said Missouri Pacific Railroad, said curve having a central angle of 17°22'22", a radius of 1095.93 feet and a chord bearing of North 08°57'32" West 331.03 feet, for and arc length of 332.30 feet to a 1/2 inch iron rod, with cap, set for the TERMINATION POINT of said curve;

THENCE: North 00°22'43" West along the Northernmost West line of this tract and the East right-of-way line of said Missouri Pacific Railroad for a distance of 164.82 feet to a fence corner post found at the intersection of said line with the South right-of-way line of Alexander Drive (120 feet wide right-of-way) for the Northwest corner of this tract; THENCE: South 88°36'31" East along the South right-of-way line of South Alexander Drive and the North line of this tract for- a distance of 742.80 feet to a concrete right-of-way monument found for an angle point in said line;

THENCE: South 88°51'51" East along the South right-of-way of South Alexander Drive and the North line of this tract for a distance of 648.31 feet to a concrete right-of-way monument found for the BEGINNING POINT of a curve to the right, concave Southerly;

THENCE: Along and around said curve to the right, along the North line of' this tract and the South right-of-way line of said South Alexander Drive, in and Easterly direction, said curve having a central angle of 07°23'27", a radius of 2804.76 feet, and a chord bearing and distance of South 84°50'16" East 361.55 feet, for an arc length of 361.80 feet to a 1/2 inch iron rod, with cap, set for the Northeast corner of this tract at the intersection of the South right-of-way line of South Alexander Drive with a West right-of-way line of State Highway No. 146;

THENCE: South 18°20'49" East along the East line of this tract and a West right-of-way line of said State Highway No. 146, for a distance of 156.45 feet to a 1/2 inch iron rod, with cap, set for the Southeast corner of this tract and an interior corner of said State Highway No, 146 right-of-way. Said point being in a curve to the right, concave Northerly;

THENCE: Along and around said curve to the right, in a Westerly direction, along the South line of this tract and the North right-of-way line of said State Highway No. 146, said curve having a central angle of 07°12'01", a chord bearing and distance of South 48°00'47" West 476.69 feet, for an arc length of 477.00 feet to a 1/2 inch iron rod, with cap, set for the TERMINATION POINT of said curve;

THENCE: South 59°19'20" West along the South line of this tract and the North right-of-way line of said State Highway No. 146 for a distance of 478.02 feet to a 1/2 inch iron rod, with cap, set for an angle point in said line;

THENCE: South 65°20'11" West along the South line of this tract and the North right-of-way line of said State Highway No. 146 for a distance of 756.46 feet to the PLACE OF BEGINNING and containing within these boundaries 28.5456 acres of land. TRACT VI: FIELD NOTES of a 27.8347 acre tract of land situated in the WILLIAM SCOTT LOWER LEAGUE, ABSTRACT NO. 65, Harris County. Texas, and being out of and a part of a 1541 acre tract of land conveyed to Ashbel Smith Land Company by B.W. Armstrong, et al, by Deed dated November 29, 1935, and recorded in Volume 996 at Page 379 of the Deed Records of Harris County. Texas. This 27.8347 acre tract of land is mare particularly described by metes and bounds as follows, to-wit: NOTE: ALL BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES REFER TO THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE, NAD 83. ALL DISTANCES ARE ACTUAL DISTANCES. SCALE FACTOR EQUAL 0.9998389.

BEGINNING at a concrete right-of-way monument found at the intersection of the North right-of-way line of Spur 55 (right-of-way width varies) and the East right-of line of State Highway 146 (right-of-way width varies). Said point being Westernmost Southwest corner and POINT OF BEGINNING of this tract arid having a State Plane Coordinate Value of N equals 13,832,328.10 and E equals 3,250,340.20. Said point being in a curve to the left, concave Westerly;

THENCE: Along and around said curve to the left, in a Northerly direction, along the West line of this tract and the East right-of-way line of said State Highway No. 146, said curve having a central angle of 15°57'18", a radius of 1629.82 feet, and a chord bearing and distance of North 23°06'38" East 452.39 feet, for an arc length of 453.85 feet to a concrete right-of-way monument found for the TERMINATION POINT of said curve:

THENCE: North 10°06'20" East along the West line of this tract and the East right-of-way line of said State Highway No. 146, for a distance of 97.12 feet to a 1/2 inch iron rod, with cap, set for the Northwest corner of this tract and the Southwest corner of that certain 33.00 acre tract of land conveyed by Ashbel Smith Management Company, et al, to Goose Creek Consolidated Independent School District by Deed dated June 5, 1991 and recorded under County Clerk's File No, N174232 of the Official Public Records of Real Property of Harris County, Texas:

THENCE: South 73°11'36" East along the North line of this tract and the South line of said 33.00 acre tract for a distance of 1795.57 feet to a 1/2 inch iron rod, with cap, set in the West right-of-way line of Tri-Cities Beach Road (80 foot wide right-of-way) for the Southeast corner of said 33.00 acres and the Northeast corner of this tract;

THENCE: South 08°04'39" East along the Northernmost East line of this tract and the West right-of-way line of said Tri-Cities Beach Road for a distance of 572.67 feet to a 1/2 inch iron rod, with cap, set for the Easternmost Southeast corner of this tract at the intersection of the West right-of-way line of Tri-Cities Beach Road with the North right-of-way line of said Spur 55;

THENCE; South 49°20'06" West along the Southernmost East line of this tract and the North right-of-way line of said Spur 55 for a distance of 104.30 feet to 1/2 inch iron rod, with cap, set for the Southernmost Southeast corner of this tract and an angle point in the North right-of-way line of said Spur 55;

THENCE: North 73°15'09" West along the South line of this tract and the North right-of-way line of said Spur 55 for a distance of 118.36 feet to a 1/2 inch iron rod, with cap, set for an angle point in said line;

THENCE: North 74°30'59" West along the South line of this tract and the North right-of-way line of said Spur 55 for a distance of 1813.52 feet to a 1/2 inch iron rod, with cap, set for the Southernmost Southwest corner of this tract and an angle point in the North right-of-way line of said Spur 55;

THENCE: North 23°25'09" West along the Southernmost West line of this tract and the North right-of-way line of said Spur 55 for a distance of 135.34 feet to the PLACE OF BEGINNING and containing within these boundaries 27.8347 acres of land. TRACT VII: FIELD NOTES of a 89.6754 acre tract of land situated in the WILLIAM SCOTT LOWER LEAGUE, ABSTRACT NO. 65, Harris County, Texas, and being out of and a part of a 1541 acre tract of land conveyed to Ashbel Smith Land Company by B.W. Armstrong, et al, by Deed dated November 29, 1935, and recorded in Volume 996 at Page 379 of the Deed Records of Harris County, Texas. This 89.6754 acre tract of land is more particularly described by metes and bounds as follows, to-wit: NOTE: ALL BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES REFER TO THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE, NAD 83. ALL DISTANCES ARE ACTUAL DISTANCES. SCALE FACTOR EQUALS 0.9998389.

BEGINNING at a 2 inch iron pipe found at the intersection of the Southeast right-of-way line of State Highway No. 146 (200 feet wide right-of-way) and the North right-of-way line of the Missouri Pacific Railroad 11.56848 acre tract (160 feet wide right-of-way width at this point). Said 11.56848 acres being that same land (Parcel No. 2) conveyed by Ashbel Smith Land Company to Missouri Pacific Railroad Company by Deed dated January 9, 1967 and recorded in Volume 6644 at Page 486 of the Deed Records of Harris County, Texas. Said point being the Southwest corner and POINT OF BEGINNING of this tract and having a State Plane Coordinate Value of N equals 13,831,072.26 and E equals 3,248,305.47;

THENCE: North 65°43'08" East along the West line of this tract and the Southeast right-of-way line of said State Highway No. 146 for a distance of 1148.10 feet to a concrete right-of-way monument found for an angle point in said line;

THENCE: North 62°02'22" East along the West line of this tract and the Southeast right-of-way line of said State Highway Na. 146 for a distance of 503.56 feet to a concrete right-of-way monument found for the BEGINNING POINT of a curve to the left, concave Northwesterly;

THENCE: Along and around said curve to the left, in a Northeasterly direction, along the West line of this tract and the Southeast right-of-way line of said State Highway No. 146, said curve having a central angle of 15°10'22", a radius of 1629.82 feet, and a chord bearing and distance of North 50°52'59" East 430.34 feet, for an arc length of 431.60 feet to a 1/2 inch iron rod, with cap, set for the TERMINATION POINT of said curve at the intersection of the Southeast right-of-way line of State Highway No. 146 and the South right-of-way line of Spur 55 (right-of-way width varies). Said point being the Northwest corner of this tract;

THENCE: North 76°31'08" East along the North line of this tract and the South right-of-way line of said Spur 55, for a distance of 201.35 feet to a 1/2 inch iron rod, with cap, set for an angle point in said line;

THENCE: South 72°00'44" East along the North line of this tract and the South right-of-way line of said Spur 55, for a distance of 1847.92 feet to a 1/2 inch iron rod, with cap, set for an angle point in said line;

THENCE: South 73°15'09" East along the North line of this tract and the South right-of-way line of said Spur 55, for a distance of 210.88 feet to a 1/2 inch iron rod, with cap, set for an angle point in said line;

THENCE: South 40°39'54" East along the North me of this tract and the South right-of-way line of said Spur 55, for a distance of 163.16 feet to a 1/2 inch iron rod, with cap, set at the intersection of said line with the West right-of-way line of Tri-Cities Beach Road (80 feet wide right-of-way) for the Northeast corner of this tract;

THENCE: South 08°04'39" East along the East line of this tract and the West right-of-way line of said Tri-Cities Beach Road for a distance of 727.23 feet to a 1/2 inch iron rod, with cap, set at the intersection of said line with the North right-of-way line of said Missouri Pacific Railroad right-of-way (100 feet wide right-of-way at this point) for the Southeast corner of this tract;

THENCE: North 87°58'03" West along the South line of this tract and the North right-of-way line of said Missouri Pacific Railroad for a distance of 3266.56 feet to a fence corner post found for an interior corner of said Missouri Pacific Railroad and an exterior corner of this tract;

THENCE: North 02°01'57" East. along an interior line of this tract and an exterior line of said Missouri Pacific Railroad for a distance of 30.00 feet to a fence corner post found for an interior corner of this tract and an exterior corner of said Missouri Pacific Railroad;

THENCE: North 87°58'03" West along the South line of this tract and the North right-of-way line of said Missouri Pacific Railroad for a distance of 496.04 to a 1/2 inch iron rod found for the BEGINNING POINT of a curve to the right, concave Northerly;

THENCE: Along and around said curve to the right, in a Northwesterly direction, along the South line of this tract and the North right-of-way line of said Missouri Pacific Railroad, said curve having a central angle of 63°05'42", a radius of 492.96 feet, and a chord bearing and distance of North 56°26'39" West 515.84 feet, for an arc length of 542.86 feet to the PLACE OF BEGINNING and containing within these boundaries 89.6754 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 September 1, 2007.

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