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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 Brazoria County Municipal Utility |
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District No. 62; providing authority to impose a tax and issue |
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bonds; 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 F, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 8213 to read as follows: |
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CHAPTER 8213. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 62 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8213.001. 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 Brazoria County Municipal |
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Utility District No. 62. |
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Sec. 8213.002. NATURE OF DISTRICT. The district is a |
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municipal utility district in Brazoria County created under and |
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essential to accomplish the purposes of Section 52, Article III, |
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and Section 59, Article XVI, Texas Constitution. |
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Sec. 8213.003. 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 8213.024 before September 1, 2011: |
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(1) the district is dissolved September 1, 2011, |
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except that the district shall: |
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(A) pay any debts incurred; |
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(B) transfer to Brazoria County any assets that |
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remain after the payment of debts; and |
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(C) maintain the organization of the district |
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until all debts are paid and remaining assets are transferred; and |
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(2) this chapter expires September 1, 2014. |
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Sec. 8213.004. 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 8213.005-8213.020 reserved for expansion] |
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SUBCHAPTER A-1. TEMPORARY PROVISIONS |
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Sec. 8213.021. 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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8213.024; or |
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(2) the date this chapter expires under Section |
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8213.003. |
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Sec. 8213.022. 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. At the meeting, the |
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temporary directors shall elect officers from among the temporary |
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directors and conduct any other district business. |
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Sec. 8213.023. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 8213.024 |
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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. 8213.024. 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. 8213.025. INITIAL ELECTED DIRECTORS; TERMS. The |
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directors elected under Section 8213.024 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. 8213.026. EXPIRATION OF SUBCHAPTER. This subchapter |
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expires September 1, 2014. |
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[Sections 8213.027-8213.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8213.051. GOVERNING BODY; 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 8213.052-8213.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8213.101. MUNICIPAL UTILITY DISTRICT POWERS AND |
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DUTIES. The district has the powers and duties provided by the |
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general law of this state, including Chapters 49 and 54, Water Code, |
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applicable to municipal utility districts created under Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 8213.102. 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 improvements in aid of those roads, |
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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 regulations of |
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each municipality in whose corporate limits or extraterritorial |
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jurisdiction the district is located. If the district is not |
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located in the corporate limits or extraterritorial jurisdiction of |
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a municipality, a road project must meet all applicable |
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construction standards, zoning and subdivision requirements, and |
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regulations of each county in which the district is located. |
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(c) The district may not undertake a road project unless |
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each municipality in whose corporate limits or extraterritorial |
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jurisdiction the district is located consents by resolution. |
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Sec. 8213.103. COMPLIANCE WITH MUNICIPAL ORDINANCES OR |
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RESOLUTIONS. The district shall comply with all applicable |
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requirements of any ordinance or resolution adopted by the |
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governing body of each municipality in whose corporate limits or |
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extraterritorial jurisdiction the district is located. |
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Sec. 8213.104. EFFECT OF ANNEXATION BY CITY OF ALVIN. If, |
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before the date of the confirmation election, the City of Alvin |
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annexes into its corporate limits all territory described by the |
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Act creating this chapter, Section 43.075, Local Government Code, |
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does not apply to the district. |
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[Sections 8213.105-8213.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8213.151. 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 8213.201. |
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[Sections 8213.152-8213.200 reserved for expansion] |
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SUBCHAPTER E. BONDS |
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Sec. 8213.201. 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 54, Water Code, to finance the |
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construction, maintenance, or operation of a project under Section |
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8213.101 or 8213.102. |
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(b) The district may not issue bonds or other obligations to |
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finance projects authorized by Section 8213.102 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 8213.102 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 Brazoria County Utility District No. 62 |
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includes all the territory contained in the following area: |
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TRACT ONE: |
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FIELD NOTES FOR A 136.184 ACRE TRACT OF LAND IN THE CHARLES M. HAYES |
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SURVEY, ABSTRACT 535 (H.T. & B. RAILROAD COMPANY SURVEY NO. 19) |
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BRAZORIA COUNTY, TEXAS BEING A CALLED 140.09 ACRE TRACT, THE HAMIL |
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FOUNDATION RECORDED IN 99-056005, OFFICIAL RECORDS, BRAZORIA |
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COUNTY, TEXAS, THE BASE BEARING FOR THE HEREIN DESCRIBED TRACT IS |
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THE SOUTH LINE OF THE AFOREMENTIONED 136.184 ACRE TRACT, SAID |
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BEARING BEING SOUTH 86 DEGREES 59 MINUTES 14 SECONDS WEST. |
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BEGINNING at a 5/8 inch iron rod found on the North right-of-way |
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line of F.M. Highway 1462 (100-foot right-of-way) for the Southwest |
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corner and PLACE OF BEGINNING of the herein described 136.184 acre |
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tract of land, same being a Southeast corner of the adjoining South |
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Freeway Ltd. Called 145.764 acre tract recorded in Volume 1186, |
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Page 622, Official Records, Brazoria County, Texas; |
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THENCE North 02 degrees 02 minutes 41 seconds West along the common |
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line of the herein described tract and the aforementioned adjoining |
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South Freeway Ltd. Called 145.764 acre tract (called North 02 |
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degrees 02 minutes 41 seconds West), at 3,050.79 feet pass a 1/2 |
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inch iron pipe with cap marked "Kalkomey Surveying" set on said line |
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and continuing for a total distance, of 3,058.79 feet to a point on |
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the centerline of canal for the Northwest corner of the herein |
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described 136.184 acre tract, same being on the South line of the |
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adjoining Peter Terpstra Trustee called 164.653 acre tract recorded |
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in (94)-014323, Official Records, Brazoria County, Texas; |
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THENCE North 86 degrees 58 minutes 25 seconds East along the North |
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line of the herein described tract being the South line of the |
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aforementioned adjoining called 164.653 acre tract (called North 86 |
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degrees 58 minutes 25 seconds East) for a distance of 1,912.57 feet |
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to a point on the centerline of said canal for the Northeast corner |
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of the herein described tract, said point being the Northwest |
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corner of the State of Texas 0.184 acre (Parcel 152-E) recorded in |
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Volume 1142, Page 612, Deed Records, Brazoria County, Texas; |
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THENCE South 00 degrees 12 minutes 17 seconds West, 80.13 feet to a |
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1/2 inch iron pipe with cap marked "Kalkomey Surveying" set for a |
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re-entry corner to the herein described tract; |
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THENCE North 86 degrees 58 minutes 25 seconds East, 100.13 feet to a |
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1/2 inch iron pipe with cap marked "Kalkomey Surveying" set for the |
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Southeast corner of the aforementioned 0.184 acre (Parcel 152-E) |
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recorded in Volume 1142, Page 612, Deed Records, Brazoria County, |
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Texas, said point being on the existing West right-of-way line of |
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Highway 288; |
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THENCE South 00 degrees 12 minutes 17 seconds West along the West |
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right-of-way line of Highway 288 (called South 00 degrees 12 |
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minutes 17 seconds West) for a distance of 344.22 feet to a 1/2 inch |
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iron pipe with cap marked "Kalkomey Surveying" set at the beginning |
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of a curve to the left; |
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THENCE around said curve to the left having a central angle of 05 |
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degrees 30 minutes 57 seconds, a radius of 11,669.16 feet, an arc |
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length of 1,123.38 feet and a tangent of 562.12 feet. and a chord |
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bearing South 02 degrees 25 minutes 32 seconds East, 1,122.94 feet |
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to a concrete monument found at the tangency of said. curve; |
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THENCE South 05 degrees 21 minutes 11 seconds East along the West |
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right-of-way line of Highway 288 (called South 05 degrees 17 |
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minutes 42 seconds East, 258.85 feet) for a distance of 256.23 feet |
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to a 1/2 inch iron pipe with cap marked "Kalkomey Surveying" set at |
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an angle point on said line; |
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THENCE South 01 degree 17 minutes 40 seconds East along the West |
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right-of-way line of Highway 288 (called South 01 degree 12 minutes |
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29 seconds East, 1,031.39 feet) for a distance of 1,031.39 feet to a |
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concrete monument found on said line for an angle point; |
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THENCE South 42 degrees 48 minutes 11 seconds West along a cut-back |
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line of Highway 288 (called South 42 degrees 53 minutes 22 seconds |
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West, 287.26 feet) for a distance of 287.74 feet to a concrete |
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right-of-way monument found for an angle point; |
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THENCE South 86 degrees 53 minutes 31 seconds West along the North |
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right-of-way line of Highway 1462 (called South 86 degrees 59 |
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minutes 14 seconds West, 200.00 feet) for a distance of 169.31 feet |
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to a 5/8 inch iron rod found on said line for an angle point; |
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THENCE South 48 degrees 09 minutes 54 seconds West along the North |
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right-of-way line of Highway 1462, 39.08 feet to a 5/8 inch iron rod |
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found on said line for the lower Southwest Corner of the herein |
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described 136.184 acre tract of land; |
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THENCE South 86 degrees 59 minutes 14 seconds West along the South |
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line of said 136.184 acre tract being the North line of F.M. Highway |
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1462 (called South 86 degrees 59 minutes 14 seconds West) for a |
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distance of 55.28 feet to a 1/2 inch pipe with cap marked "Kalkomey |
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Surveying" set at the Southeast corner of the Houston Light & Power |
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Company called 0.434 acre tract of land recorded in Volume 1707, |
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Page 383, Official Records, Brazoria County, Texas; |
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THENCE North 03 degrees 32 minutes 14 seconds West along the East |
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line of said 0.434 acre tract, at 385.96 feet pass a 1/2 inch iron |
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pipe with cap marked "Kalkomey Surveying" set at the Southeast |
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corner of the Houston Light & Power Company called 3.099 acre tract |
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(Tract II) recorded in Volume 1707, Page 383, Official Records, |
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Brazoria County, Texas and continuing for a total distance of |
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685.96 feet to a concrete nail set at the Northeast corner of said |
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Tract II being a re-entry corner to the herein described tract; |
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THENCE South 86 degrees 25 minutes 05 seconds West along the North |
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line of said Houston Light & Power Company tract, 450.00 feet to a |
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concrete nail set in a concrete pad for the Northwest corner of the |
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aforementioned Houston Light & Power Company Tract II for a |
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re-entry corner to the herein described tract; |
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THENCE South 03 degrees 32 minutes 14 seconds East along the West |
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line of said Houston Light & Power Company Tract II, 300.00 feet to |
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a concrete nail set a re-entry corner to the herein described tract; |
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THENCE North 86 degrees 25 minutes 04 seconds East along the South |
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line of the aforementioned Houston Light & Power Company Tract II, |
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400 feet to a 1/2 inch iron pipe with cap marked "Kalkomey |
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Surveying" set at the Northwest corner of the Houston Light & Power |
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Company Tract I; |
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THENCE South 03 degrees 32 minutes 14 seconds East along the West |
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line of the aforementioned Houston Light & Power Company Tract I, |
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385.46 feet to a 1/2 inch iron pipe with cap marked "Kalkomey |
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Surveying" set at the Southwest corner of the aforementioned |
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Houston Light & Power Company Tract I; |
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THENCE South 86 degrees 59 minutes 14 seconds West along the South |
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line of the herein described tract being the North line of F.M. |
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Highway 1462 (100-foot right-of-way) for a distance of 1,497.21 |
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feet to the PLACE OF BEGINNING and containing 136.184 acres of land, |
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more or less. |
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TRACT TWO: |
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145.7642 acres of land, more or less, on the West 1/2 of the East 1/2 |
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of Section 10 of the H. T. & B. R. R. Survey, Abstract 535, Brazoria |
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County, Texas, with said tract being more particularly described by |
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metes and bounds as follows: |
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COMMENCING at an iron rod set in concrete marking the Southwest |
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corner of State Highway #288 acquisition as recorded in Volume 509, |
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Page 24 of the Deed Records of Brazoria County, Texas, with said |
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iron rod also being located in the North right-of-way line of F. M. |
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Road 1462; |
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THENCE South 86 deg. 59 min. 14 sec. West along the North |
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right-of-way line of F. M. Road 1462 a distance of 1602.23 feet to |
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an iron rod set in concrete marking the Southeast corner of this |
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tract and the POINT OF BEGINNING: |
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THENCE continuing along the North right-of-way line of F. M. Road |
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1462 South 86 deg. 57 min. 07 sec. West a distance of 2075.45 feet to |
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a 1-1/4" iron pipe marking the Southwest corner of this tract; |
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THENCE North 02 deg. 02 min. 41 sec. West a distance of 3066.01 feet |
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to a 1-1/4" iron pipe marking the Northwest corner of this tract; |
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THENCE North 87 deg. 22 min. 27 sec. East a distance of 1330.55 feet |
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to a concrete monument marking a point of intersection; |
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THENCE North 86 deg. 45 min. 09 sec. East a distance of 744.81 feet |
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to a. 1-1/4" iron pipe marking the Northeast corner of this tract; |
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THENCE South 02 deg. 02 min. 41 sec. East a distance of 3058.79 feet |
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to the POINT OF BEGINNING. |
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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. |