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AN ACT
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relating to the creation of the Montgomery County Municipal Utility |
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District No. 102; providing authority to impose taxes and issue |
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bonds. |
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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 8263 to read as follows: |
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CHAPTER 8263. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 102 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8263.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the board of directors of the |
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district. |
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(2) "Director" means a member of the board. |
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(3) "District" means the Montgomery County Municipal |
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Utility District No. 102. |
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Sec. 8263.002. NATURE OF DISTRICT. The district is a |
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municipal utility district in Montgomery County created under and |
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essential to accomplish the purposes of Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 8263.003. 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 8263.023 before September 1, 2015: |
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(1) the district is dissolved September 1, 2015, |
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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 Montgomery 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, 2016. |
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Sec. 8263.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
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All land and other property included in the district will benefit |
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from the improvements and services to be provided by the district. |
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(b) The district is created to accomplish: |
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(1) the purposes of a municipal utility district as |
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provided by general law; and |
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(2) to the extent authorized by Section 52, Article |
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III, Texas Constitution, the construction, acquisition, |
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improvement, maintenance, or operation of arterial or main feeder |
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roads or improvements in aid of those roads. |
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Sec. 8263.005. 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 the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for the purposes |
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for which the district is created or to pay the principal of and |
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interest on a bond; |
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(3) right to impose or collect an assessment or tax; or |
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(4) legality or operation. |
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[Sections 8263.006-8263.020 reserved for expansion] |
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SUBCHAPTER A-1. TEMPORARY PROVISIONS |
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Sec. 8263.021. TEMPORARY DIRECTORS. (a) The temporary |
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board consists of: |
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(1) Kirk Laguarta; |
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(2) Jill Welmer; |
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(3) Brent Brentzel; |
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(4) Jenrose Foshee; and |
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(5) Nathan Giessinger. |
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(b) Temporary directors serve until the earlier of: |
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(1) the date initial directors are elected under |
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Section 8263.023; or |
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(2) the date this subchapter expires under Section |
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8263.025. |
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Sec. 8263.022. 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. 8263.023. CONFIRMATION AND INITIAL DIRECTORS' |
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ELECTION. Not later than the second anniversary of the |
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organizational meeting held under Section 8263.022, the temporary |
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directors shall hold an election to confirm the creation of the |
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district and to elect five initial directors as provided by Section |
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49.102, Water Code. |
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Sec. 8263.024. INITIAL ELECTED DIRECTORS; TERMS. Unless |
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the initial board otherwise agrees, the directors elected under |
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Section 8263.023 shall draw lots to determine which two shall serve |
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until the first regularly scheduled election of directors under |
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Section 8263.052 and which three shall serve until the second |
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regularly scheduled election of directors. |
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Sec. 8263.025. EXPIRATION OF SUBCHAPTER. This subchapter |
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expires September 1, 2015. |
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[Sections 8263.026-8263.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8263.051. DIRECTORS; TERMS. (a) The district is |
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governed by a board of five directors. |
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(b) Except for temporary or initial directors, directors |
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serve staggered four-year terms. |
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Sec. 8263.052. ELECTION OF DIRECTORS. On the uniform |
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election date in May of each even-numbered year, the appropriate |
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number of directors shall be elected. |
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[Sections 8263.053-8263.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8263.101. MUNICIPAL UTILITY DISTRICT POWERS AND |
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DUTIES. (a) 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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(b) The district has the powers and duties necessary to |
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accomplish the purposes for which the district is created. |
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Sec. 8263.102. 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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acquire, construct, or finance a road that meets the criteria or |
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requirements for a thoroughfare, arterial, or collector road of the |
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county in which the road is located or the municipality in whose |
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corporate limits or extraterritorial jurisdiction the road is |
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located or improvements in aid of that road. |
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(b) A road project must meet all applicable standards, |
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regulations, and ordinances of the municipality or county in whose |
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jurisdiction the district is located. |
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Sec. 8263.103. RECREATIONAL FACILITIES; LIMIT ON EMINENT |
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DOMAIN POWER. (a) In this section, "recreational facilities" and |
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"develop and maintain" have the meanings assigned by Section |
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49.462, Water Code. |
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(b) The district may develop and maintain recreational |
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facilities. |
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(c) The district may not, for the development or maintenance |
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of a recreational facility, acquire by condemnation land, an |
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easement, or other property inside or outside the district. |
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Sec. 8263.104. COMPLIANCE WITH MUNICIPAL CONSENT |
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ORDINANCES OR RESOLUTIONS. Subject to the limitations of Section |
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54.016, Water Code, 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 the municipality that consents to the creation of |
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the district or to the inclusion of lands within the district. |
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[Sections 8263.105-8263.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8263.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The |
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district may issue, without an election, bonds and other |
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obligations secured by revenue or contract payments from any source |
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other than ad valorem taxation. |
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(b) The district must hold an election in the manner |
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provided by Chapters 49 and 54, Water Code, to obtain voter approval |
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before the district may impose an operation and maintenance tax or |
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issue bonds payable from ad valorem taxes. |
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Sec. 8263.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8263.151, the district |
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may impose an operation and maintenance tax on taxable property in |
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the district in accordance with Section 49.107, Water Code. |
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(b) The board shall determine the tax rate. The rate may not |
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exceed the rate approved at the election. |
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[Sections 8263.153-8263.200 reserved for expansion] |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 8263.201. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. The district may issue bonds or other obligations |
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payable wholly or partly from ad valorem taxes, impact fees, |
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revenue, grants, or other district money, or any combination of |
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those sources, to pay for any authorized district purpose. |
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Sec. 8263.202. BONDS FOR ROAD PROJECTS. (a) The district |
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may not issue bonds to finance projects authorized by Section |
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8263.102 unless the issuance is approved by a vote of a two-thirds |
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majority of the voters of the district voting at an election called |
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for that purpose. |
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(b) Bonds or other obligations issued or incurred to finance |
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projects authorized by Section 8263.102 may not exceed one-fourth |
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of the assessed value of the real property in the district. |
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Sec. 8263.203. BONDS FOR RECREATIONAL FACILITIES. If |
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authorized at an election under Section 8263.151, the district may |
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issue bonds payable from ad valorem taxes to pay for the development |
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and maintenance of recreational facilities. |
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Sec. 8263.204. TAXES FOR BONDS. At the time bonds payable |
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wholly or partly from ad valorem taxes are issued: |
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(1) the board shall impose a continuing direct annual |
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ad valorem tax, without limit as to rate or amount, for each year |
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that all or part of the bonds are outstanding; and |
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(2) the district annually shall impose an ad valorem |
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tax on all taxable property in the district in an amount sufficient |
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to: |
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(A) pay the interest on the bonds as the interest |
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becomes due; |
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(B) create a sinking fund for the payment of the |
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principal of the bonds when due or the redemption price at any |
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earlier required redemption date; and |
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(C) pay the expenses of imposing the taxes. |
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SECTION 2. The Montgomery County Municipal Utility District |
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No. 102 initially includes all the territory contained in the |
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following area: |
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TRACT 1 |
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All that certain 527.832 acre (22,992,348 square feet) parcel of |
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land situated in the Joseph A. Parker Survey, Abstract Number 418, |
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and the R.N. Davis Survey, Abstract Number 161, both in Montgomery |
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County, Texas, and being a portion of that certain call 1,554.570 |
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acre tract described in a Warranty Deed to Pacific Indio |
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Properties, Inc. recorded in Clerk's File Number 2006-013955 of the |
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Official Public Records of Real Property at Montgomery County, |
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Texas (O.P.R.R.P.M.C.T.), said 527.832 acre tract being more |
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particularly described by metes and bounds as follows: (All |
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bearings are referenced to the Texas State Plane Coordinate System, |
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South Central Zone) |
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BEGINNING at a 5/8 inch iron rod with plastic cap stamped "D L HARDY |
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RPLS 4847" found for the northwest corner of that certain call 640.6 |
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acre tract described in a Warranty Deed with Reservation of |
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Minerals to J.R. Development, Inc., in Clerk's Number 2002-062840 |
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of the O.P.R.R.P.M.C.T.; |
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THENCE, through and across said 1,554.570 acre tract, the following |
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five (5) courses: |
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1) South 56 Degrees 12 Minutes 55 Seconds West, a distance of |
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1,094.52 feet to an angle point; |
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2) South 68 Degrees 19 Minutes 38 Seconds West, a distance of |
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879.85 feet to an angle point; |
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3) South 29 Degrees 19 Minutes 18 Seconds West, a distance of |
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643.72 feet to an angle point; |
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4) South 43 Degrees 22 Minutes 37 Seconds West, a distance of |
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243.84 feet to an angle point; |
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5) South 76 Degrees 01 Minute 00 Seconds West, a distance of |
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404.61 feet to a point in the easterly right-of-way |
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(R.O.W.) line of proposed Townsen Road (100 feet wide); |
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THENCE, continuing through and across said 1,554.570 acre tract, |
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and with the easterly and northeasterly R.O.W. line of said Townsen |
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Road, the following five (5) courses: |
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1) 620.73 feet along the arc of a curve to the right having a |
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radius of 1,950.00 feet, a central angle of 18 Degrees 14 |
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Minutes 19 Seconds, and a chord that bears North 13 Degrees |
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07 Minutes 32 Seconds West, a distance of 618.11 feet; |
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2) North 04 Degrees 00 Minutes 22 Seconds West, a distance of |
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478.81 feet to the beginning of a curve to the left; |
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3) 1,550.83 feet along the arc of said curve to the left |
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having a radius of 3,050.00 feet, a central angle of 29 |
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Degrees 07 Minutes 59 Seconds, and a chord that bears North |
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18 Degrees 34 Minutes 22 Seconds West, a distance of |
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1,534.17 feet; |
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4) North 33 Degrees 08 Minutes 21 Seconds West, a distance of |
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428.13 feet to the beginning of a curve to the left; |
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5) 1,751.25 feet along the arc of said curve to the left |
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having a radius of 2,050.00 feet, a central angle of 48 |
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Degrees 56 Minutes 46 Seconds, and a chord that bears North |
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57 Degrees 36 Minutes 44 Seconds West, a distance of |
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1,698.49 feet to the intersection of the northeasterly |
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R.O.W. line of proposed Townsen Road with the easterly |
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R.O.W. line of a proposed 100 foot wide R.O.W.; |
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THENCE, continuing through and across said 1,554.570 acre tract, |
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and with the easterly and northeasterly line of said proposed 100 |
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foot wide R.O.W., the following four (4) courses: |
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1) North 06 Degrees 31 Minutes 01 Second East, a distance of |
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17.93 feet to the beginning of a curve to the left; |
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2) 3,090.25 feet along the arc of said curve to the left |
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having a radius of 2,050.00 feet, a central angle of 86 |
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Degrees 22 Minutes 12 Seconds, and a chord that bears North |
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36 Degrees 40 Minutes 05 Seconds West, a distance of |
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2,805.86 feet; |
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3) North 79 Degrees 51 Minutes 11 Seconds West, a distance of |
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366.40 feet to the beginning of a curve to the right; |
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4) 1,318.62 feet along the arc of said curve to the right |
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having a radius of 1,950.00 feet, a central angle of 38 |
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Degrees 44 Minutes 39 Seconds, and a chord that bears North |
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60 Degrees 28 Minutes 51 Seconds West, a distance of |
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1,293.64 feet to the intersection of the easterly line of |
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said proposed 100 foot wide R.O.W. with the northerly line |
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of said 1,554.570 acre tract; |
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THENCE, with the northerly line of said 1,554.570 acre tract, North |
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59 Degrees 49 Minutes 41 Seconds East, a distance of 2.21 feet to a |
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5/8 inch iron rod with plastic cap stamped "CDS/MUERY S.A. TX." |
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found for the southwest corner of that certain call 915 acre |
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Conservation Easement and an angle point in said 1,554.570 acre |
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tract and the herein described tract; |
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THENCE, with the southerly line of said 915 acre Conservation |
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Easement and the northerly line of said 1,554.570 acre tract and the |
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herein described tract, North 50 Degrees 39 Minutes 59 Seconds |
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East, a distance of 3,159.31 feet to a 5/8 inch iron rod with |
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plastic cap stamped "CDS/MUERY S.A. TX." found for an angle point in |
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said 915 acre Conservation Easement and the herein described tract; |
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THENCE, continuing with the southerly line of said 915 acre |
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Conservation Easement and the northerly line of the herein |
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described tract, South 76 Degrees 45 Minutes 40 Seconds East, at |
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1,553.40 feet pass a 5/8 inch iron rod stamped "CDS/MUERY S.A. TX." |
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found for reference, and continue, in all, a distance of 1,753.61 |
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feet to a point on the west high bank of the West Fork of the San |
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Jacinto River for an angle point of the herein described tract; |
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THENCE, with the meanders of the west bank of the West Fork of the |
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San Jacinto River, the following forty eight (48) courses: |
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1) South 30 Degrees 22 Minutes 24 Seconds West, a distance of |
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56.07 feet; |
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2) South 45 Degrees 58 Minutes 13 Seconds West, a distance of |
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40.83 feet; |
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3) South 46 Degrees 19 Minutes 57 Seconds West, a distance of |
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69.31 feet; |
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4) South 42 Degrees 10 Minutes 45 Seconds West, a distance of |
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76. 52 feet; |
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5) South 40 Degrees 13 Minutes 52 Seconds West, a distance of |
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78.33 feet; |
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6) South 46 Degrees 53 Minutes 30 Seconds West, a distance of |
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79.44 feet; |
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7) South 53 Degrees 07 Minutes 53 Seconds West, a distance of |
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65.22 feet; |
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8) South 56 Degrees 09 Minutes 36 Seconds West, a distance of |
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65.51 feet; |
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9) South 58 Degrees 48 Minutes 22 Seconds West, a distance of |
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79.13 feet; |
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10) South 50 Degrees 41 Minutes 06 Seconds West, a distance of |
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86.81 feet; |
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11) South 38 Degrees 51 Minutes 13 Seconds West, a distance of |
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445.76 feet; |
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12) South 08 Degrees 36 Minutes 30 Seconds West, a distance of |
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155.51 feet; |
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13) South 04 Degrees 38 Minutes 42 Seconds East, a distance of |
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158.47 feet; |
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14) South 26 Degrees 22 Minutes 18 Seconds East, a distance of |
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464.19 feet; |
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15) South 41 Degrees 04 Minutes 43 Seconds East, a distance of |
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291.77 feet; |
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16) South 46 Degrees 32 Minutes 40 Seconds East, a distance of |
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166.24 feet; |
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17) South 63 Degrees 38 Minutes 58 Seconds East, a distance of |
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129.80 feet; |
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18) South 76 Degrees 54 Minutes 46 Seconds East, a distance of |
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183.21 feet; |
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19) South 76 Degrees 35 Minutes 35 Seconds East, a distance of |
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142.77 feet; |
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20) South 85 Degrees 17 Minutes 14 Seconds East, a distance of |
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91.08 feet; |
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21) North 73 Degrees 21 Minutes 11 Seconds East, a distance of |
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114.45 feet; |
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22) North 75 Degrees 00 Minutes 21 Seconds East, a distance of |
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82.76 feet; |
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23) North 75 Degrees 17 Minutes 10 Seconds East, a distance of |
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156.41 feet; |
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24) North 80 Degrees 37 Minutes 30 Seconds East, a distance of |
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179.16 feet; |
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25) South 88 Degrees 32 Minutes 27 Seconds East, a distance of |
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112.81 feet; |
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26) South 66 Degrees 19 Minutes 02 Seconds East, a distance of |
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252.55 feet; |
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27) South 46 Degrees 37 Minutes 09 Seconds East, a distance of |
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142.93 feet; |
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28) South 59 Degrees 26 Minutes 36 Seconds East, a distance of |
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71.26 feet; |
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29) South 49 Degrees 58 Minutes 30 Seconds East, a distance of |
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94.49 feet; |
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30) South 48 Degrees 25 Minutes 09 Seconds East, a distance of |
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94.68 feet; |
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31) South 52 Degrees 24 Minutes 30 Seconds East, a distance of |
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107.26 feet; |
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32) South 48 Degrees 14 Minutes 34 Seconds East, a distance of |
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98.37 feet; |
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33) South 51 Degrees 22 Minutes 58 Seconds East, a distance of |
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68.56 feet; |
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34) South 24 Degrees 15 Minutes 08 Seconds East, a distance of |
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88.72 feet; |
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35) South 18 Degrees 47 Minutes 45 Seconds East, a distance of |
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94.31 feet; |
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36) South 05 Degrees 46 Minutes 32 Seconds West, a distance of |
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90.96 feet; |
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37) South 01 Degree 09 Minutes 42 Seconds East, a distance of |
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83.27 feet; |
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38) South 15 Degrees 38 Minutes 15 Seconds West, a distance of |
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94.81 feet; |
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39) South 01 Degrees 38 Minutes 35 Seconds West, a distance of |
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89.05 feet; |
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40) South 12 Degrees 51 Minutes 45 Seconds West, a distance of |
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192.88 feet; |
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41) South 30 Degrees 35 Minutes 53 Seconds East, a distance of |
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184.94 feet; |
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42) South 47 Degrees 16 Minutes 08 Seconds East, a distance of |
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186.66 feet; |
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43) South 56 Degrees 42 Minutes 16 Seconds East, a distance of |
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211.00 feet; |
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44) South 59 Degrees 28 Minutes 08 Seconds East, a distance of |
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308.02 feet; |
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45) South 80 Degrees 02 Minutes 13 Seconds East, a distance of |
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172.28 feet; |
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46) South 87 Degrees 04 Minutes 25 Seconds East, a distance of |
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234.54 feet; |
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47) North 68 Degrees 19 Minutes 10 Seconds East, a distance of |
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263.23 feet; |
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48) North 58 Degrees 17 Minutes 31 Seconds East, a distance of |
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247.63 feet; |
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THENCE, departing the meanders of the west bank of Spring Creek and |
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with the easterly line of said 1,554.570 acre tract, South 31 |
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Degrees 42 Minutes 29 Seconds East, a distance of 133.36 feet to a |
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5/8 inch iron rod with plastic cap stamped "D L HARDY RPLS 4847" |
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found for the northwest corner of that certain call 19.00 acre |
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Conservation Easement described in a deed to Legacy Land Trust, |
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Inc. in M.C.C.F. Number 2003-032879 for an angle point in the herein |
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described tract; |
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THENCE, with the northwesterly line of said 19.00 acre Conservation |
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Easement, South 15 Degrees 11 Minutes 58 Seconds West, a distance of |
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878.75 feet to a 5/8 inch iron rod with plastic cap stamped "D L |
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HARDY RPLS 4847" found in the northeasterly line of that certain |
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call 74.000 acre Conservation Easement described in a deed to |
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Legacy Land Trust, Inc. in M.C.C.F. Number 2002-017148 for an angle |
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point in the herein described tract; |
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THENCE, counterclockwise, with the northeasterly, westerly and |
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southwesterly boundary of said 74.000 acre Conservation Easement, |
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the following seven (7) courses: |
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1) North 65 Degrees 42 Minutes 43 Seconds West, a distance of |
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1,117.88 feet to a 5/8 inch iron rod with plastic cap |
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stamped "D L HARDY RPLS 4847" found for an angle point; |
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2) North 63 Degrees 01 Minute 15 Seconds West, a distance of |
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214.00 feet to a 5/8 inch iron rod with plastic cap stamped |
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"D L HARDY RPLS 4847" found for the upper northwest corner |
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of said 74.000 acre Conservation Easement and an angle |
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point for the herein described tract; |
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3) South 57 Degrees 07 Minutes 08 Seconds West, a distance of |
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727.10 feet to a 5/8 inch iron rod with plastic cap stamped |
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"CDS/MUERY S.A. TX." found for the lower northwest corner |
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of said 74.000 acre Conservation Easement and an angle |
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point in the herein described tract; |
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4) South 20 Degrees 38 Minutes 34 Seconds East, a distance of |
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196.61 feet to a 5/8 inch iron rod with plastic cap stamped |
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"BENCHMARK ENGR." set for an angle point in said 74.000 |
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acre Conservation Easement and the herein described tract; |
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5) South 22 Degrees 11 Minutes 29 Seconds East, a distance of |
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893.86 feet to a 5/8 inch iron rod with plastic cap stamped |
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"CDS/MUERY S.A. TX." found for the southwest corner of |
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said 74.000 acre Conservation Easement and an angle point |
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in the herein described tract; |
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6) South 79 Degrees 17 Minutes 46 Seconds East, a distance of |
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525.67 feet to a 5/8 inch iron rod with plastic cap stamped |
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"CDS/MUERY S.A. TX." found for an angle point in the |
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southwesterly line of said 74.000 acre Conservation |
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Easement and the herein described tract; |
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7) South 78 Degrees 00 Minutes 36 Seconds East, at 994.32 feet |
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pass a 5/8 inch iron rod with plastic cap stamped |
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"CDS/MUERY S.A. TX." found for the call common line of said |
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R.N. Davis Survey said Joseph A. Parker Survey, and |
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continue, in all, a distance of 1,953.24 feet to a 5/8 inch |
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iron rod with plastic cap stamped "CDS/MUERY S.A. TX." |
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found for the southeast corner of said 74.000 acre |
|
Conservation Easement and an angle point in the herein |
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described tract; |
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THENCE, departing the southeast corner of said 74.000 acre |
|
Conservation Easement, and with the easterly line of said 1,554.570 |
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acre tract, the following three (3) courses: |
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1) South 46 Degrees 21 Minutes 37 Seconds East, a distance of |
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263.57 feet to a 5/8 inch iron rod with plastic cap stamped |
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"BENCHMARK ENGR." found for an angle point; |
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2) North 43 Degrees 38 Minutes 23 Seconds East, a distance of |
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600.00 feet to a 5/8 inch iron rod with plastic cap stamped |
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"BENCHMARK ENGR." found for an angle point; |
|
3) North 34 Degrees 46 Minutes 38 Seconds East, at 1,185.84 |
|
feet pass a 5/8 inch iron rod with plastic cap stamped |
|
"BENCHMARK ENGR." set for reference, and continue, in all, |
|
a distance of 1,385.84 feet to a to a point on the west bank |
|
of the West Fork of the San Jacinto River for an angle |
|
point in the herein described tract; |
|
THENCE, with the meanders of the west bank of the West Fork of the |
|
San Jacinto River, the following five (5) courses: |
|
1) South 43 Degrees 38 Minutes 03 Seconds East, a distance of |
|
65.88 feet; |
|
2) South 48 Degrees 38 Minutes 46 Seconds East, a distance of |
|
132.16 feet; |
|
3) South 52 Degrees 19 Minutes 01 Second East, a distance of |
|
87.17 feet; |
|
4) South 47 Degrees 26 Minutes 02 Seconds East, a distance of |
|
86.22 feet; |
|
5) South 53 Degrees 17 Minutes 44 Seconds East, a distance of |
|
73.27 feet; |
|
THENCE, departing the meanders of the west bank of Spring Creek, and |
|
with the northerly line of said 640.6 acre tract and the southerly |
|
line of the herein described tract, South 43 Degrees 38 Minutes 23 |
|
Seconds West, at 99.85 feet pass a 5/8 inch iron rod with plastic |
|
cap stamped "D L HARDY RPLS 4847" found for reference, and continue, |
|
in all, a distance of 2,593.77 feet to the POINT OF BEGINNING and |
|
containing 527.832 acres (22,992,348 square feet) of land. |
|
TRACT 2 |
|
All that certain 169.830 acre (7,397,783 square feet) parcel of |
|
land situated in the Joseph A. Parker Survey, Abstract Number 418, |
|
and the R.N. Davis Survey, Abstract Number 161, both in Montgomery |
|
County, Texas, and being a portion of that certain call 1,554.570 |
|
acre tract described in a Warranty Deed to Pacific Indio |
|
Properties, Inc. recorded in Clerk's File Number 2006-013955 of the |
|
Official Public Records of Real Property at Montgomery County, |
|
Texas (O.P.R.R.P.M.C.T.), said 169.830 acre tract being more |
|
particularly described by metes and bounds as follows: (All |
|
bearings are referenced to the Texas State Plane Coordinate System, |
|
South Central Zone) |
|
BEGINNING at a 3/4 inch iron pipe found in the recognized common |
|
line of said R.N. Davis Survey and said Joseph A. Parker Survey for |
|
the southeast corner of that certain call 2,883.06 acre tract |
|
described in a Deed to LGI LAND, L.L.C. in Clerk's File Number |
|
2004-114162 of the O.P.R.R.P.M.C.T., an interior corner of said |
|
1,554.570 acre tract, and the southwest corner of the herein |
|
described tract, and from which a 100D nail found for reference |
|
bears North 35 Degrees 02 Minutes 54 Seconds East, a distance of |
|
12.69 feet, and from which a "PK" nail found in a 4 inch wooden post |
|
bears South 51 Degrees 13 Minutes 29 Seconds West, a distance of |
|
8.04 feet; |
|
THENCE, with the easterly line of said 2,883.06 acre tract, the |
|
upper westerly line of the said 1,554.570 acre tract, and the |
|
westerly line of the herein described tract, North 30 Degrees 10 |
|
Minutes 19 Seconds West, a distance of 4,002.79 feet to a 5/8-inch |
|
iron rod with plastic cap stamped "BENCHMARK ENGR." set in the |
|
southwesterly right-of-way (R.O.W.) line of proposed Townsen Road |
|
(100 feet wide) for the northwest corner of the herein described |
|
tract; |
|
THENCE, through and across said 1,554.570 acre tract, and with the |
|
southerly and westerly R.O.W. line of said proposed Townsen Road, |
|
the following six (6) courses: |
|
1) North 59 Degrees 50 Minutes 02 Seconds East, a distance of |
|
147.67 feet to the beginning of a curve to the right; |
|
2) 2,961.87 feet along the arc of said curve to the right |
|
having a radius of 1,950.00 feet, a central angle of 87 |
|
Degrees 01 Minute 37 Seconds, and a chord that bears South |
|
76 Degrees 39 Minutes 10 Seconds East, a distance of |
|
2,685.25 feet; |
|
3) South 33 Degrees 08 Minutes 21 Seconds East, a distance of |
|
428.13 feet to the beginning of a curve to the right; |
|
4) 1,499.98 feet along the arc of said curve to the right |
|
having a radius of 2,950.00 feet, a central angle of 29 |
|
Degrees 07 Minutes 59 Seconds, and a chord that bears South |
|
18 Degrees 34 Minutes 22 Seconds East, a distance of |
|
1,483.87 feet; |
|
5) South 04 Degrees 00 Minutes 22 Seconds East, a distance of |
|
478.81 feet to the beginning of a curve to the left; |
|
6) 139.68 feet along the arc of said curve to the left having |
|
a radius of 2,050.00 feet, a central angle of 03 Degrees 54 |
|
Minutes 14 Seconds, and a chord that bears South 05 Degrees |
|
57 Minutes 29 Seconds East, a distance of 139.65 feet to |
|
the southeast corner; |
|
THENCE, departing the westerly R.O.W. of proposed Townsen Road, |
|
continuing through and across said 1,554.570 acre tract, and with |
|
the southerly line of the herein described tract, the following two |
|
(2) courses: |
|
1) North 87 Degrees 41 Minutes 21 Seconds West, a distance of |
|
797.17 feet to an angle point; |
|
2) South 50 Degrees 32 Minutes 13 Seconds West, a distance of |
|
889.47 feet to the POINT OF BEGINNING and containing |
|
169.830 acres (7,397,783 square feet) of land. |
|
TRACT 3 |
|
All that certain 100.750 acre (4,388,668 square feet) parcel of |
|
land situated in the R.N. Davis Survey, Abstract Number 161, |
|
Montgomery County, Texas, and being a portion of that certain call |
|
1,554.570 acre tract described in a Warranty Deed to Pacific Indio |
|
Properties, Inc. recorded in Clerk's File Number 2006-013955 of the |
|
Official Public Records of Real Property at Montgomery County, |
|
Texas (O.P.R.R.P.M.C.T.) said 100.750 acre tract being more |
|
particularly described by metes and bounds as follows: (All |
|
bearings are referenced to the Texas State Plane Coordinate System, |
|
South Central Zone) |
|
COMMENCING at a 3/4 inch iron pipe found in the recognized common |
|
line of said R.N. Davis Survey and the Joseph A. Parker Survey for |
|
the southeast corner of that certain call 2,883.06 acre tract |
|
described in a Deed to LGI LAND, L.L.C. in Clerk's File Number |
|
2004-114162 of the O.P.R.R.P.M.C.T., and an interior corner of said |
|
1,554.570 acre tract, and from which a 100D nail found for reference |
|
bears North 35 Degrees 02 Minutes 54 Seconds East, a distance of |
|
12.69 feet, and from which a "PK" nail found in a 4 inch wooden post |
|
bears South 51 Degrees 13 Minutes 29 Seconds West, a distance of |
|
8.04 feet; |
|
THENCE, with the easterly line of said 2,883.06 acre tract and the |
|
upper westerly line of the said 1,554.570 acre tract, North 30 |
|
Degrees 10 Minutes 19 Seconds West, a distance of 4,102.79 feet to a |
|
5/8-inch iron rod with plastic cap stamped "BENCHMARK ENGR." set in |
|
the northeasterly right-of-way (R.O.W.) line of proposed Townsen |
|
Road (100 feet wide) for the southwest corner and POINT OF BEGINNING |
|
of the herein described tract; |
|
THENCE, continuing with the easterly line of said 2,883.06 acre |
|
tract, the upper westerly line of the said 1,554.570 acre tract, and |
|
the westerly line of the herein described tract, North 30 Degrees 10 |
|
Minutes 19 Seconds West, a distance of 3,719.63 feet to a 5/8-inch |
|
iron rod with plastic cap stamped "BENCHMARK ENGR." found for the |
|
northwest corner of said 1,554.570 acre tract and the herein |
|
described tract; |
|
THENCE, with the northerly line of said 1,554.570 acre tract and the |
|
herein described tract, North 59 Degrees 49 Minutes 41 Seconds |
|
East, a distance of 71.31 feet to a point in the westerly line of a |
|
proposed 100 foot wide right-of-way for the northeast corner of the |
|
herein described tract; |
|
THENCE, through and across said 1,554.570 acre tract, and with the |
|
westerly line of said proposed 100 foot wide R.O.W. the following |
|
four (4) courses: |
|
1) 1,405.55 feet along the arc of a curve to the left having a |
|
radius of 2,050.00 feet, a central angle of 39 Degrees 17 |
|
Minutes 02 Seconds, and a chord that bears South 60 Degrees |
|
12 Minutes 40 Seconds East, a distance of 1,378.18 feet; |
|
2) South 79 Degrees 51 Minutes 11 Seconds East, a distance of |
|
366.40 feet to the beginning of a curve to the right; |
|
3) 2,939.51 feet along the arc of said curve to the right |
|
having a radius of 1,950.00 feet, a central angle of 86 |
|
Degrees 22 Minutes 12 Seconds, and a chord that bears South |
|
36 Degrees 40 Minutes 05 Seconds East, a distance of |
|
2,668.99 feet; |
|
4) South 06 Degrees 31 Minutes 01 Second West, a distance of |
|
17.93 feet to the intersection of the westerly line of said |
|
proposed 100 foot wide R.O.W. with the northeasterly |
|
R.O.W. line of proposed Townsen Road (100 feet wide) for |
|
the southeast corner of the herein described tract; |
|
THENCE, with the northerly R.O.W. line of said proposed Townsen |
|
Road, the following two (2) courses: |
|
1) 1,262.49 feet along the arc of a curve to the left having a |
|
radius of 2,050.00 feet, a central angle of 35 Degrees 17 |
|
Minutes 08 Seconds, and a chord that bears South 77 Degrees |
|
28 Minutes 36 Seconds West, a distance of 1,242.63 feet; |
|
2) South 59 Degrees 50 Minutes 02 Seconds West, a distance of |
|
147.68 feet to the POINT OF BEGINNING and containing |
|
100.750 acres (4,388,668 square feet) of land. |
|
SECTION 3. (a) The legal notice of the intention to |
|
introduce this Act, setting forth the general substance of this |
|
Act, has been published as provided by law, and the notice and a |
|
copy of this Act have been furnished to all persons, agencies, |
|
officials, or entities to which they are required to be furnished |
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
Government Code. |
|
(b) The governor, one of the required recipients, has |
|
submitted the notice and Act to the Texas Commission on |
|
Environmental Quality. |
|
(c) The Texas Commission on Environmental Quality has filed |
|
its recommendations relating to this Act with the governor, the |
|
lieutenant governor, and the speaker of the house of |
|
representatives within the required time. |
|
(d) All requirements of the constitution and laws of this |
|
state and the rules and procedures of the legislature with respect |
|
to the notice, introduction, and passage of this Act are fulfilled |
|
and accomplished. |
|
SECTION 4. The legislature finds that: |
|
(1) the Montgomery County Municipal Utility District |
|
No. 102, as created by Chapter 8263, Special District Local Laws |
|
Code, as added by this Act, is not officially created until |
|
confirmed by a majority of the voters of the district voting at an |
|
election held for that purpose; |
|
(2) securing the consent of political subdivisions to |
|
the creation of the district before the introduction or passage of |
|
this Act may be impractical because of the uncertainties of the |
|
legislative process; and |
|
(3) the constitutional requirement for the district's |
|
compliance with the provisions of the general laws relating to the |
|
consent of political subdivisions to the creation of the district |
|
and the inclusion of land within the district is satisfied if that |
|
consent is secured before the date and hour of canvassing the |
|
returns and declaring the results of the confirmation election. |
|
SECTION 5. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2007. |
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 4074 was passed by the House on May 8, |
|
2007, by the following vote: Yeas 146, Nays 0, 2 present, not |
|
voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
|
I certify that H.B. No. 4074 was passed by the Senate on May |
|
23, 2007, by the following vote: Yeas 31, Nays 0. |
|
|
|
______________________________ |
|
Secretary of the Senate |
|
APPROVED: _____________________ |
|
Date |
|
|
|
_____________________ |
|
Governor |