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AN ACT
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relating to the creation of the Waller County Municipal Utility |
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District No. 3; providing authority to impose a tax and issue bonds; |
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granting the power of eminent domain. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 8237 to read as follows: |
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CHAPTER 8237. WALLER COUNTY MUNICIPAL UTILITY DISTRICT NO. 3 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8237.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Director" means a board member. |
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(3) "District" means the Waller County Municipal |
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Utility District No. 3. |
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Sec. 8237.002. NATURE OF DISTRICT. (a) The district is a |
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municipal utility district created under and essential to |
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accomplish the purposes of Section 59, Article XVI, Texas |
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Constitution. |
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(b) The district, to the extent authorized by Section |
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8237.103 and Section 52, Article III, Texas Constitution, has road |
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powers. |
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Sec. 8237.003. CONFIRMATION ELECTION REQUIRED. The board |
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shall hold an election to confirm the creation of the district as |
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provided by Section 49.102, Water Code. |
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Sec. 8237.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. All |
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land and other property in the district will benefit from the |
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improvements and services to be provided by the district. |
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Sec. 8237.005. 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 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 a purpose for |
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which the district is created or to pay the principal of and |
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interest on the bond; |
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(3) right to impose an assessment or tax; or |
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(4) legality or operation. |
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Sec. 8237.006. EFFECT OF CHAPTER ON BROOKSHIRE-KATY |
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DRAINAGE DISTRICT OF WALLER COUNTY. This chapter does not affect |
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the powers of the Brookshire-Katy Drainage District of Waller |
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County. |
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[Sections 8237.007-8237.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8237.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five elected directors. |
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(b) Directors serve staggered four-year terms. |
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Sec. 8237.052. INITIAL DIRECTORS. (a) The initial board |
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consists of: |
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(1) Larry Mueller; |
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(2) Michael Bien; |
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(3) Mark Ross; |
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(4) Henry Anawaty; and |
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(5) Phyllis Oustifine. |
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(b) Unless the initial board agrees otherwise, the initial |
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directors shall draw lots to determine which two shall serve until |
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the first regularly scheduled election of directors and which three |
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shall serve until the second regularly scheduled election of |
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directors. |
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(c) This section expires September 1, 2014. |
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[Sections 8237.053-8237.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8237.101. GENERAL POWERS AND DUTIES. The district has |
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the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 8237.102. 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. 8237.103. ROAD PROJECTS. (a) Under Section 52, |
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Article III, Texas Constitution, the district may finance, |
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construct, or acquire a road project as provided by this section. |
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(b) The district shall employ or contract with a licensed |
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engineer to certify whether a proposed road project meets the |
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criteria for a thoroughfare, arterial, or collector road of: |
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(1) a county in whose jurisdiction the proposed road |
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project is located; or |
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(2) a municipality in whose corporate limits or |
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extraterritorial jurisdiction the proposed road project is |
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located. |
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(c) The district may finance, construct, or acquire a road |
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that has been certified by the licensed engineer as a thoroughfare, |
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arterial, or collector road, or any improvements in aid of the |
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certified road. |
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(d) A road project must meet all applicable standards, |
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regulations, ordinances, or orders of: |
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(1) each municipality in whose corporate limits or |
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extraterritorial jurisdiction the road project is located; and |
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(2) if the road project is not located in the corporate |
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limits of a municipality, each county in which the road project is |
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located. |
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(e) The district may, with the consent of the municipality |
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or county, convey a completed road project to: |
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(1) a municipality in whose corporate limits or |
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extraterritorial jurisdiction the road project is located; or |
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(2) a county in which the road project is located. |
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Sec. 8237.104. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE |
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OR RESOLUTION. 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 a municipality under Section 54.016, Water Code, |
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that consents to the creation of the district or to the inclusion of |
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land in the district. |
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[Sections 8237.105-8237.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8237.151. ELECTIONS REGARDING TAXES OR BONDS. |
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(a) The district may issue, without an election, bonds and other |
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obligations secured by revenue or contract payments from a 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 ad valorem tax or issue bonds |
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payable from ad valorem taxes. |
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(c) The district may not issue bonds payable from ad valorem |
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taxes to finance a road project unless the issuance is approved by a |
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vote of a two-thirds majority of district voters voting at an |
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election held for that purpose. |
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Sec. 8237.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8237.151, the district |
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may impose an operation and maintenance tax on taxable property in |
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the district as provided by 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 8237.153-8237.200 reserved for expansion] |
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SUBCHAPTER E. BONDS |
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Sec. 8237.201. 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. 8237.202. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of a bond, note, or other |
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obligation issued or incurred to finance a road project may not |
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exceed one-fourth of the assessed value of real property in the |
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district according to the most recent certified tax appraisal roll |
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for Waller County. |
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Sec. 8237.203. TAXES FOR BONDS AND OTHER OBLIGATIONS. At |
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the time bonds or other obligations payable wholly or partly from ad |
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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 or other |
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obligations as the interest becomes due; |
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(B) create a sinking fund for the payment of the |
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principal of the bonds or other obligations when due or the |
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redemption price at any earlier required redemption date; and |
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(C) pay the expenses of imposing the taxes. |
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SECTION 2. The Waller County Municipal Utility District No. |
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3 initially includes all the territory contained in the following |
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area: |
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Being a 350.342-acre (15,260,917 square foot) tract of land |
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situated in the H.H. Pennington Survey, A-321, the H. &T.C.R.R. |
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Survey, Section 73, A-154, and the Nathan Brookshire Survey, A-16, |
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Waller County, Texas, being out of Outlots 17, 18, 19 and 20 of the |
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Brookshire Outlets as recorded in Volume 14, Page 380 of the Waller |
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County Deed Records, being out of a 19.6105-acre tract of land |
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recorded in Volume 250, Page 128 of the Waller County Deed Records, |
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being out of a 47.116-acre tract of land recorded in Volume 243, |
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Page 606 of the Waller County Deed Records, being out of a |
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4.8152-acre tract of land recorded in Volume 277, Page 795 of the |
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Waller County Deed Records, being out of a 93.675-acre tract of land |
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recorded in Volume 240, Page 93 of the Waller County Deed Records, |
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being out of a 24.1408-acre tract of land recorded in Volume 250, |
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Page 9 of the Waller County Deed Records, being out of a 50-acre |
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tract of land recorded in Volume 338, Page 791 of the Waller County |
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Deed Records, being out of a 50-acre tract of land recorded in |
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Volume 338, Page 796 of the Waller County Deed Records, and being |
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out of a 26.309-acre tract of land recorded in Volume 242, Page 492 |
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of the Waller County Deed Records and being more particularly |
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described by metes and bounds as follows: |
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BEGINNING at the point-of-intersection of the centerline of |
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Brookshire Creek with the southerly right-of-way line of Interstate |
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Highway No. 10 (width varies) for the northeasterly corner of said |
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26.309-acre tract and for the northeasterly corner of this tract; |
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THENCE South 21° 33' 40" West, a distance of 544.92 feet with the |
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centerline of said Brookshire Creek to an angle point of this tract; |
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THENCE South 24° 59' 22" West, a distance of 575.40 feet with the |
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centerline of said Brookshire Creek to an angle point of this tract; |
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THENCE South 11° 25' 18" West, a distance of 256.84 feet with the |
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centerline of said Brookshire Creek to an angle point of this tract; |
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THENCE South 02° 44' 07" West, a distance of 747.11 feet with the |
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centerline of said Brookshire Creek to an angle point of this tract; |
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THENCE South 15° 15' 56" West, a distance of 518.79 feet with the |
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centerline of said Brookshire Creek to an angle point of this tract; |
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THENCE South 02° 48' 28" East, a distance of 364.81 feet with the |
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centerline of said Brookshire Creek to an angle point of this tract; |
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THENCE South 35° 26' 22" West, a distance of 429.10 feet with the |
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centerline of said Brookshire Creek to an angle point of this tract; |
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THENCE South 22° 29' 32" West, a distance of 187.70 feet with the |
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centerline of said Brookshire Creek to an angle point of this tract; |
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THENCE South 07° 43' 32" West, a distance of 821.92 feet with the |
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centerline of said Brookshire Creek to an angle point of this tract; |
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THENCE South 13° 39' 28" East, a distance of 424.80 feet with the |
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centerline of said Brookshire Creek to an angle point of this tract; |
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THENCE South 09° 09' 28" West, a distance of 308.36 feet with the |
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centerline of said Brookshire Creek to a point for the |
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southeasterly corner of this tract; |
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THENCE South 87° 24' 31" West, a distance of 1,562.15 feet with the |
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northerly line of a 51.4349-acre tract of land conveyed to Ferrin B. |
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Moreland, et ux, as recorded in Volume 425, Page 448 of the Waller |
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County Deed Records to a 1-1/2-inch iron pipe found for an angle |
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point of this tract; |
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THENCE South 87° 41' 43" West, a distance of 2,035.93 feet with the |
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northerly line of said 51.4349-acre tract to a 1-1/2-inch iron pipe |
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found in the easterly right-of-way line of F.M. Road No. 359 (100 |
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feet wide) for the southwesterly corner of said 93.675-acre tract |
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and for the southwesterly corner of this tract; |
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THENCE North 02° 23' 35" West, a distance of 31.29 feet with the |
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easterly right-of-way line of said F.M. Road No. 359 to a 5/8-inch |
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iron rod with cap stamped "Weisser Eng. Houston, Tx. " set for an |
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angle point of this tract; |
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THENCE North 02° 54' 35" West, a distance of 982.52 feet with the |
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easterly right-of-way line of said F.M. Road No. 359 to a 5/8-inch |
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iron rod with cap stamped "Weisser Eng. Houston, Tx." set for an |
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angle point of this tract; |
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THENCE North 03° 34' 35" West, a distance of 660.84 feet with the |
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easterly right-of-way line of said F.M. Road No. 359 to a 5/8-inch |
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iron rod with cap stamped "Weisser Eng. Houston, Tx." set for a |
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northwesterly corner of this tract, from which a 1/2-inch iron rod |
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found bears North 87° 03' 23" East, a distance of 0.77 feet; |
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THENCE North 87° 03' 23" East, a distance of 296.08 feet with the |
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southerly line of a 1.000-acre tract of land conveyed to Harold E. |
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Brown and Ester M. Brown as recorded in Volume 663, Page 520 of the |
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Waller County Deed Records to a 1/2-inch iron rod found for an |
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interior corner of this tract; |
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THENCE North 03° 38' 37" West, a distance of 147.60 feet with the |
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easterly line of said 1.000-acre tract to a 1/2-inch iron rod found |
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for an interior corner of this tract; |
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THENCE South 87° 03' 23" West, a distance of 295.91 feet with the |
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northerly line of said 1.000-acre tract to a 5/8-inch iron rod with |
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cap stamped "Weisser Eng. Houston, Tx." set in the easterly |
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right-of-way line of said F.M. Road No. 359 for a southwesterly |
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corner of this tract, from which a 1-inch iron pipe found bears |
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North 71° 32' 54" East, a distance of 0.58 feet; |
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THENCE North 03° 34' 35" West, a distance of 1,048.35 feet with the |
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easterly right-of-way line of said F.M. Road No. 359 to a 5/8-inch |
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iron rod with cap stamped "Weisser Eng. Houston, Tx." set for an |
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angle point of this tract, from which a 1/2-inch iron pipe found |
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bears North 38° 40' 18" West, a distance of 0.84 feet; |
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THENCE North 87° 18' 18" East, a distance of 1,465.66 feet with the |
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southerly line of a 3.1323-acre tract of land conveyed to Jessye |
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Davis Spencer as recorded in Volume 577, Page 183 of the Waller |
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County Deed Records, with the southerly line of a 1-acre tract of |
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land conveyed to the City of Brookshire as recorded in Volume 602, |
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Page 556 and described in Volume 275, Page 435 of the Waller County |
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Deed Records, with the southerly line of the Mrs. I. Soloman tract |
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of land recorded in Volume 96, Page 22 of the Waller County Deed |
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Records, with the southerly line of a 1-acre tract of land conveyed |
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to Nelson Shelton, et ux, as recorded in Volume 156, Page 119 of the |
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Waller County Deed Records, and with the southerly line of a |
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0.6878-acre tract of land conveyed to Annie Shelton as recorded in |
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Volume 233, Page 394 of the Waller County Deed Records to a 5/8-inch |
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iron rod found for the southwesterly corner of said 4.8152-acre |
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tract and for an interior corner of this tract; |
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THENCE North 02° 44' 02" West, a distance of 909.39 feet with the |
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easterly line of said 0.6878-acre tract to a 5/8-inch iron rod with |
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cap stamped "Weisser Eng. Houston, Tx." set in the southerly |
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right-of-way line of Twelfth Street (40 feet wide as occupied) for a |
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northwesterly corner of this tract; |
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THENCE North 88° 16' 35" East, a distance of 228.87 feet with the |
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southerly right-of-way line of said Twelfth Street to a 5/8-inch |
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iron rod with cap stamped "Weisser Eng. Houston, Tx." set for a |
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northeasterly corner of this tract; |
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THENCE South 03° 08' 25" East, a distance of 905.54 feet with the |
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westerly line of the Sam Hill Estate tract of land (per the Waller |
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County tax rolls, no deed was found for this tract) to a 5/8-inch |
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iron rod with cap stamped "Weisser Eng. Houston, Tx." set for an |
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interior corner of this tract; |
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THENCE North 87° 18' 18" East, a distance of 240.25 feet with the |
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southerly line of said Sam Hill Estate tract to a 5/8-inch iron rod |
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with cap stamped "Weisser Eng. Houston, Tx." set for an interior |
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corner of this tract; |
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THENCE North 02° 19' 50" West, a distance of 472.63 feet with the |
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easterly line of said Sam Hill Estate tract to a 1-1/2-inch iron |
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pipe found for a northwesterly corner of this tract; |
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THENCE North 88° 22' 33" East, a distance of 822.46 feet with the |
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southerly line of Maud Malone, et al, 1-acre tract as recorded in |
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Volume 100, page 391 of the Waller County Deed Records, with the |
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southerly line of the Robert Rogers, et ux, 1.012-acre tract as |
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recorded in Volume 301, Page 690 of the Waller County Deed Records |
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and with the southerly line of a 1.012-acre tract of land as |
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recorded in Volume 202, Page 54 of the Waller County Deed Records to |
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a 1-1/2-inch iron pipe found for an interior corner of this tract; |
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THENCE North 00° 07' 40" East, a distance of 209.56 feet with the |
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easterly line of said 1.012-acre tract to a 1-1/2-inch iron pipe |
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found for an interior corner of this tract; |
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THENCE South 88° 28' 52" West, a distance of 620.27 feet with the |
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northerly line of said 1.012-acre tracts and with the northerly |
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line of the Maud Malone, et al, tract as shown in Volume 436, Page |
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404 of the Waller County Deed Records to a 5/8-inch iron rod with |
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cap stamped "Weisser Eng. Houston, Tx." set for a southwesterly |
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corner of this tract; |
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THENCE North 03° 20' 48" West, a distance of 105.02 feet with the |
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easterly line of a 1-acre tract of land conveyed to the City of |
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Brookshire as recorded in Volume 469, Page 659 of the Waller County |
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Deed Records and described in Volume 136, Page 264 of the Waller |
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County Deed Records to a 5/8-inch iron rod with cap stamped "Weisser |
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Eng. Houston, Tx." set for an interior corner of this tract; |
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THENCE South 88° 28' 52" West, a distance of 174.49 feet with the |
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northerly line of said 1-acre tract to a 1/2-inch iron rod found for |
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a southwesterly corner of this tract; |
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THENCE North 01° 52' 35" West, a distance of 89.06 feet with the |
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easterly right-of-way line of a 30-foot wide easement to a 5/8-inch |
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iron rod with cap stamped "Weisser Eng. Houston, Tx." set for a |
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northwesterly corner of this tract; |
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THENCE North 87° 48' 41" East, a distance of 233.82 feet with the |
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southerly line of a 0.181-acre tract of land conveyed to Elenor J. |
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Taylor as recorded in Volume 456, Page 553 of the Waller County Deed |
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Records to a 1-1/2-inch iron pipe found for an interior corner of |
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this tract; |
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THENCE North 01° 26' 25" West, a distance of 34.10 feet with the |
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easterly line of said 0.181-acre tract to a 1-1/2-inch iron pipe |
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found for a northwesterly corner of this tract; |
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THENCE North 87° 49' 35" East, a distance of 427.55 feet with the |
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southerly line of a 6.779-acre tract of land conveyed to Elton R.R. |
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Foster as recorded in Volume 526, Page 432 of the Waller County Deed |
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Records to a 1-1/2-inch iron pipe found for an interior corner of |
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this tract; |
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THENCE North 01° 29' 27" West, a distance of 1,092.80 feet with the |
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easterly line of said 6.779-acre tract, with the easterly line of |
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the Eliza Leonard tract as recorded in Volume 203, Page 528 of the |
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Waller County Deed Records and with the easterly line of a 1-acre |
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tract of land conveyed to Richard N. Dale as recorded in Volume 516, |
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Page 622 of the Waller County Deed Records to a 5/8-inch iron rod |
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with cap stamped "Weisser Eng. Houston, Tx." set in the southerly |
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right-of-way line of Tenth Street (60 feet wide) as recorded in |
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Volume 14, Page 380 of the Waller County Deed Records for a |
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northwesterly corner of this tract; |
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THENCE North 89° 13' 33" East, a distance of 855.74 feet with the |
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southerly right-of-way line of said Tenth Street to a 1/2-inch iron |
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pipe found for an interior corner of this tract; |
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THENCE North 00° 57' 53" West, a distance of 30.00 feet with the |
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easterly terminus of said Tenth Street to a 5/8-inch iron rod with |
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cap stamped "Weisser Eng. Houston, Tx." set for a northwesterly |
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corner of this tract; |
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THENCE North 89° 13' 33" East, a distance of 590.00 feet with the |
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southerly line of a Brookshire Municipal Water District 30-foot |
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wide right-of-way as recorded in Volume 129, Page 406 of the Waller |
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County Deed Records to a 5/8-inch iron rod with cap stamped "Weisser |
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Eng. Houston, Tx." set for a northeasterly corner of this tract; |
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THENCE South 00° 57' 53" East, a distance of 27.55 feet with the |
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westerly line of the Brookshire Municipal Water District Sewer |
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Plant as recorded in Volume 129, Page 403 of the Waller County Deed |
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Records to a 5/8-inch iron rod with cap stamped "Weisser Eng. |
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Houston, Tx." set for an interior corner of this tract; |
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THENCE South 60° 57' 53" East, a distance of 279.99 feet with the |
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southwesterly line of said Brookshire Municipal Water District |
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Sewer Plant to a 5/8-inch iron rod with cap stamped "Weisser Eng. |
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Houston, Tx." set for an interior corner of this tract; |
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THENCE North 89° 02' 07" East, a distance of 116.32 feet with the |
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southerly line of said Brookshire Municipal Water District Sewer |
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Plant to a 5/8-inch iron rod with cap stamped "Weisser Eng. Houston, |
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Tx." set for an interior corner of this tract, from which a 3/4-inch |
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iron rod found bears North 04° 23' 28" East, a distance of 1.53 feet; |
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THENCE North 00° 57' 53" West, a distance of 268.82 feet with the |
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easterly line of said Brookshire Municipal Water District Sewer |
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Plant to a 5/8-inch iron rod with cap stamped "Weisser Eng. Houston, |
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Tx." set in the southerly right-of-way line of said Interstate |
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Highway No. 10 (320 feet wide) for a northwesterly corner of this |
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tract, from which a 1/2-inch iron rod found bears South 70° 51' 53" |
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West, a distance of 1.54 feet; |
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THENCE In an easterly direction with the southerly right-of-way |
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line of said Interstate Highway No. 10 and with a non-tangent curve |
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to the right having a radius of 3,659.72 feet, central angle of 03° |
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22' 49", a length of 215.92 feet and a chord bearing South 84° 40' |
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43" East, a distance of 215.89 feet to a 5/8-inch iron rod with cap |
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stamped "Weisser Eng. Houston, Tx." set for a point-of-tangency, |
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from which a 4-inch concrete monument found bears North 77° 07' 11" |
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West, a distance of 0.79 feet; |
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THENCE South 82° 59' 18" East, a distance of 204.22 feet with the |
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southerly right-of-way line of said Interstate Highway No. 10 to |
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the POINT OF BEGINNING and containing 350.342 acres (15,260,917 |
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square feet) of land. |
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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 immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1955 passed the Senate on |
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April 26, 2007, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1955 passed the House on |
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May 23, 2007, by the following vote: Yeas 144, Nays 0, two
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |