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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the Smith Road Water Control and |
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Improvement District No. 1 of Jefferson County; providing authority |
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to impose a tax and issue bonds; granting levee and flood hazard |
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mitigation powers; granting the power of eminent domain. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle I, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 9031 to read as follows: |
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CHAPTER 9031. SMITH ROAD WATER CONTROL AND IMPROVEMENT DISTRICT |
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NO. 1 OF JEFFERSON COUNTY |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 9031.001. 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 Smith Road Water Control and |
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Improvement District No. 1 of Jefferson County. |
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Sec. 9031.002. NATURE OF DISTRICT. The district is a water |
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control and improvement district in Jefferson County created under |
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and essential to accomplish the purposes of Section 59, Article |
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XVI, Texas Constitution. |
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Sec. 9031.003. 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 9031.024 before September 1, 2013: |
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(1) the district is dissolved September 1, 2013, |
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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 Jefferson 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. 9031.004. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act creating this chapter. |
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(b) The boundaries and field notes in Section 2 of the Act |
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creating this chapter form a closure. A mistake made in the field |
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notes or in copying the field notes in the legislative process does |
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not affect: |
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(1) the district's organization, existence, or |
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validity; |
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(2) the district's right to impose taxes; |
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(3) the validity of the district's bonds, notes, or |
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indebtedness; or |
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(4) the board's legality or operation. |
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[Sections 9031.005-9031.020 reserved for expansion] |
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SUBCHAPTER A-1. TEMPORARY PROVISIONS |
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Sec. 9031.021. TEMPORARY DIRECTORS. (a) On or after |
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September 1, 2009, a person who owns land in the district may submit |
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a petition to the Texas Commission on Environmental Quality |
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requesting that the commission appoint as temporary directors the |
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five persons named in the petition. |
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(b) The commission shall appoint as temporary directors the |
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five persons named in the first petition the commission receives. |
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(c) If a temporary director fails to qualify for office, the |
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commission shall appoint a person to fill the vacancy. |
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(d) Temporary directors serve until the earlier of: |
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(1) the date directors are elected under Section |
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9031.024; or |
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(2) the date this chapter expires under Section |
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9031.003. |
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Sec. 9031.022. ORGANIZATIONAL MEETING OF TEMPORARY |
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DIRECTORS. As soon as practicable after all temporary directors |
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qualify under Section 49.055, Water Code, the temporary directors |
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shall meet at a location in the district agreeable to a majority of |
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the directors. If a location cannot be agreed upon, the meeting |
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shall be at the Jefferson County Courthouse. At their initial |
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meeting the temporary directors shall elect officers from among the |
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temporary directors and conduct any other district business. |
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Sec. 9031.023. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 9031.024 |
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until each municipality in whose corporate limits or |
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extraterritorial jurisdiction the district is located, if any, has |
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adopted a resolution consenting to the district's creation. |
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Sec. 9031.024. CONFIRMATION AND INITIAL DIRECTORS' |
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ELECTION. The temporary directors shall hold an election to |
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confirm the district's creation and to elect five directors as |
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provided by Section 49.102, Water Code. |
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Sec. 9031.025. INITIAL ELECTED DIRECTORS; TERMS. The |
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directors elected under Section 9031.024 shall draw lots to |
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determine which two shall serve until the first regularly scheduled |
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election of directors under Section 9031.052 and which three shall |
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serve until the second regularly scheduled election of directors. |
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Sec. 9031.026. EXPIRATION OF SUBCHAPTER. This subchapter |
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expires September 1, 2016. |
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[Sections 9031.027-9031.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 9031.051. DIRECTORS; TERMS. (a) The district is |
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governed by a board of five directors. |
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(b) Directors serve staggered four-year terms. |
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Sec. 9031.052. 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 9031.053-9031.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 9031.101. WATER CONTROL AND IMPROVEMENT DISTRICT |
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POWERS AND DUTIES. The district has the powers and duties provided |
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by the general law of this state, applicable to water control and |
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improvement districts created under Section 59, Article XVI, Texas |
|
Constitution, including Chapters 49 and 51, Water Code. |
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Sec. 9031.102. ROAD PROJECTS. (a) To the extent authorized |
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by Section 52, Article III, Texas Constitution, the district may |
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construct, acquire, improve, maintain, or operate macadamized, |
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graveled, or paved roads, or improvements in aid of those roads, |
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inside the district. |
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(b) A road project must meet or exceed all applicable |
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construction standards, zoning and subdivision requirements, and |
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regulatory ordinances of each municipality in whose corporate |
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limits or extraterritorial jurisdiction the district is located. If |
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the district is located outside the extraterritorial jurisdiction |
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of a municipality, a road project must meet or exceed all applicable |
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construction standards, zoning and subdivision requirements, and |
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regulatory ordinances of each county in which the district is |
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located. |
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(c) The district may not undertake a road project unless |
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each municipality in whose corporate limits or extraterritorial |
|
jurisdiction the district is located consents by ordinance or |
|
resolution. If a district is located outside the extraterritorial |
|
jurisdiction of a municipality, the district may not undertake a |
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road project unless each county in which the district is located |
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consents by ordinance or resolution. |
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Sec. 9031.103. LEVEE AND FLOOD HAZARD MITIGATION POWERS. |
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The district may purchase, construct, acquire, own, operate, |
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maintain, improve, or extend, inside or outside the district, |
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levees, dikes, flood hazard mitigation structures, and any other |
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improvements or facilities necessary or convenient to accomplish |
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the levee improvements and flood hazard mitigation purposes of the |
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district under Chapter 57, Water Code, as authorized by Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 9031.104. DIVISION OF DISTRICT. (a) The district may |
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be divided into two new districts only if the district: |
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(1) has no outstanding bonded debt; and |
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(2) is not imposing ad valorem taxes. |
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(b) The division procedure is prescribed by Sections 53.030 |
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through 53.041, Water Code. Sections 51.748 through 51.753, Water |
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Code, do not apply to the district. |
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(c) Any new district created by the division of the district |
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has all the powers and duties of the district. |
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(d) A new district, at the time it is created by the division |
|
of the district, may not contain land outside the area described by |
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Section 2 of the Act creating this chapter. |
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Sec. 9031.105. LIMITATION ON DISTRICT DISSOLUTION. (a) |
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Notwithstanding Section 43.0751, Local Government Code, or any |
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other general law, the district may not be dissolved before |
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December 31, 2019, unless the dissolution is approved by: |
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(1) the board; and |
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(2) the governing body of each municipality in whose |
|
corporate limits or extraterritorial jurisdiction the district is |
|
located. |
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(b) This section expires December 31, 2019. |
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[Sections 9031.106-9031.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 9031.151. TAX TO REPAY BONDS. The district may impose |
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a tax to pay the principal of or interest on bonds issued under |
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Section 9031.201. |
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[Sections 9031.152-9031.200 reserved for expansion] |
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SUBCHAPTER E. BONDS |
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Sec. 9031.201. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. (a) The district may issue bonds or other obligations |
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as provided by Chapters 49, 51, and 57, Water Code, and to finance |
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the construction, maintenance, or operation of projects under |
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Sections 9031.101, 9031.102, and 9031.103. |
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(b) The district may not issue bonds to finance projects |
|
authorized by Section 9031.102 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 called for that purpose. |
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(c) Bonds or other obligations issued or incurred to finance |
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projects authorized by Section 9031.102 may not exceed one-fourth |
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of the assessed value of the real property in the district. |
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SECTION 2. The Smith Road Water Control and Improvement |
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District No. 1 of Jefferson County initially includes all the |
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territory contained in the following area: |
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EXHIBIT "A" |
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LEGAL DESCRIPTION OF LAND: |
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Tract I: |
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BEING a 21.104 acre tract of land, being out of and a part of that |
|
certain Louisiana Gas Development Corporation called 21.100 acre |
|
tract of land more fully described and recorded in Clerk File No. |
|
2005028881 of the Official Public Records of Jefferson County, |
|
Texas. Said 21.104 acre tract being out of the T. & N. O. R. R. Co. |
|
Survey, Abstract No. 261, of said County and State, and is more |
|
particularly described as follows: |
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BEGINNING at a Concrete Monument found for the Easterly corner of |
|
said Louisiana Gas Development Corporation called 21.100 acre tract |
|
of land, same being the intersection of the Southwesterly right of |
|
way line of Smith Road a public right of way and the Northwesterly |
|
right of way line of Interstate Highway No. 10 a public right of |
|
way; |
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THENCE South 41 Deg. 37 Min. 00 Sec. West (Reference Bearing) along |
|
and with the Southeasterly line of said Louisiana Gas Development |
|
Corporation called 21.100 acre tract, same being the Northwesterly |
|
right of way line of said Interstate Highway No. 10, a distance of |
|
1000.09 feet to a 5/8-inch iron rod marked "Leap Eng." set for the |
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Southerly corner of said Louisiana Gas Development Corporation |
|
called 21.100 acre tract, same being an East corner of that certain |
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Louisiana Gas Development called residue of 501.76 acre tract of |
|
land, more fully described in Clerk File No. 2005028881 of the |
|
Official Public Records of said county and state; |
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THENCE North 50 Deg. 10 Min. 20 Sec. West along and with the |
|
Southwesterly line of said Louisiana Gas Development Corporation |
|
called 21.100 acre tract, same being a Northeasterly line of said |
|
Louisiana Gas Development Corporation called residue of 501.76 acre |
|
tract, a distance of 850.40 feet to a 1-inch iron rod found for the |
|
Westerly corner of said Louisiana Gas Development Corporation |
|
called 21.100 acre tract, same being an ell corner of said Louisiana |
|
Gas Development Corporation called residue of 501.76 acre tract; |
|
THENCE North 41 Deg. 37 Min. 45 Sec. East along and with the |
|
Northwesterly line of said Louisiana Gas Development Corporation |
|
called 21.100 acre tract, same being a Southeast line of said |
|
Louisiana Gas Development Corporation called residue of 501.76 acre |
|
tract, a distance of 1130.75 feet to a 1-inch iron rod found for the |
|
Northerly corner of said Louisiana Gas Development Corporation |
|
called 21.100 acre tract, same being the most Northwesterly East |
|
corner of said Louisiana Gas Development Corporation called residue |
|
of 501.76 acre tract, same being in the Southwesterly right of way |
|
line of said Smith Road; |
|
THENCE South 50 Deg. 12 Min. 03 Sec. East along and with the |
|
Northeasterly line of said Louisiana Gas Development Corporation |
|
called 21.100 acre tract, same being the Southwesterly right of way |
|
of Smith Road, a distance of 211.13 feet to a concrete monument |
|
found for an angle point of said Louisiana Gas Development |
|
Corporation called 21.100 acre tract; |
|
THENCE South 38 Deg. 32 Min. 29 Sec. East along and with the |
|
Northeasterly line of said Louisiana Gas Development Corporation |
|
said 21.100 acre tract, same being the Southwesterly right of way |
|
line of said Smith Road, a distance of 648.25 feet to the PLACE OF |
|
BEGINNING, containing 21.104 acres of land, more or less. |
|
Tract II: |
|
BEING a 51.418 acre tract of land, being out of and a part of that |
|
certain Louisiana Gas Development Corporation called 231.743 acre |
|
tract of land more fully described and recorded in Clerk File No. |
|
2005028881 of the Official Public Records of Jefferson County, |
|
Texas. Said 51.418 acre tract being out of the H. T. & N. O. R. R. |
|
Co. Survey, Abstract No. 143, of said County and State, and is more |
|
particularly described as follows: |
|
BEGINNING at a 1-inch iron rod found for the Southerly corner of |
|
said Louisiana Gas Development Corporation called 231.743 acre |
|
tract, same being in the Northwesterly right of way line of said |
|
Interstate Highway No. 10, same being the Southeasterly corner of |
|
that certain Sherholders LP called 408.233 acre tract of land more |
|
fully described in Clerk File No. 2003026036 of the Official Public |
|
Records of said County and State, same being the Southerly corner of |
|
said Louisiana Gas Development Corporation called residue of 501.76 |
|
acre tract; |
|
THENCE North 20 Deg. 41 Min. 25 Sec. East along and with the |
|
Westerly line of said Louisiana Gas Development Corporation called |
|
231.743 acre tract, same being the Easterly line of said Louisiana |
|
Gas Development Corporation called residue of 501.76 acre tract, a |
|
distance of 2335.19 feet to a 1-inch iron rod found for an angle |
|
point in the Westerly line of said Louisiana Gas Development |
|
Corporation called 231.743 acre tract; |
|
THENCE South 50 Deg. 10 Min. 15 Sec. East along and with a |
|
Northeasterly line of said Louisiana Gas Development Corporation |
|
called 231.743 acre tract, same being a Southwesterly line of said |
|
Louisiana Gas Development Corporation called residue of 501.76 acre |
|
tract, a distance of 174.42 feet to a 1-inch iron rod found for an |
|
ell corner of said Louisiana Gas Development Corporation called |
|
231.743 acre tract; |
|
THENCE North 41 Deg. 37 Min. 05 Sec. East continuing along and with |
|
the Westerly line of said Louisiana Gas Development Corporation |
|
called 231.743 acre tract, same being the Easterly line of said |
|
Louisiana Gas Development Corporation called residue of 501.76 acre |
|
tract, a distance of 1999.86 feet to a 5/8-inch iron rod marked |
|
"Leap Eng." set for the Northerly corner of the herein described |
|
51.418 acre tract, same being the Southerly corner of a 180.238 acre |
|
tract of land called tract III surveyed on the same date as the |
|
herein described; |
|
THENCE South 50 Deg. 10 Min. 20 Sec. East along and with the |
|
Northeasterly line of said Louisiana Gas Development Corporation |
|
called 231.743 acre tract, same being the Southwesterly line of |
|
said Louisiana Gas Development Corporation called residue of 501.76 |
|
acre tract, a distance of 660.00 feet to a 1-inch iron rod found for |
|
the Easterly corner of said Louisiana Gas Development Corporation |
|
called 231.743 acre tract, same being in the Northwesterly right of |
|
way line of said Interstate Highway No. 10; |
|
THENCE South 41 Deg. 37 Min. 00 Sec. West along and with the |
|
Southeasterly line of said Louisiana Gas Development Corporation |
|
called 231.743 acre tract, same being the Northwesterly right of |
|
way line of said Interstate Highway No. 10, a distance of 4207.07 |
|
feet to the PLACE OF BEGINNING, containing 51.418 acres of land, |
|
more or less. |
|
Tract III: |
|
BEING a 180.238 acre tract of land, being out of and a part of that |
|
certain Louisiana Gas Development Corporation called 231.743 acre |
|
tract of land more fully described and recorded in Clerk File No. |
|
2005028881 of the Official Public Records of Jefferson County, |
|
Texas. Said 180.238 acre tract being out of the H. T. & N. O. R. R. |
|
Co. Survey, Abstract No. 143, T. & N. O. R. R. Co. Survey, Abstract |
|
No. 260, T. & N. O. R. R. Co. Survey, Abstract No. 261, George W. |
|
Kidd Survey, Abstract No. 795, George W. Kidd Survey, Abstract No. |
|
737, and S. D. Decordova Survey, Abstract No. 851 of said County and |
|
State, and is more particularly described as follows: |
|
BEGINNING at a 1-inch iron rod found for a Easterly corner of said |
|
Louisiana Gas Development Corporation called 231.743 acre tract, |
|
same being in the Southwesterly right of way line of said Smith |
|
Road, same being in the Northerly line of said Louisiana Gas |
|
Development Corporation called residue of 501.76 acre tract; |
|
THENCE South 41 Deg. 38 Min. 21 Sec. West along and with a |
|
Southeasterly line of said Louisiana Gas Development Corporation |
|
called 231.743 acre tract, same being a Northeasterly line of said |
|
Louisiana Gas Development Corporation called residue of 501.76 acre |
|
tract, a distance of 2130.59 feet to a 1-inch iron rod found for an |
|
ell corner of said Louisiana Gas Development Corporation called |
|
231.743 acre tract; |
|
THENCE South 50 Deg. 19 Min. 12 Sec. East along and with a |
|
Northeasterly line of said Louisiana Gas Development Corporation |
|
called 231.743 acre tract, same being a Southwesterly line of said |
|
Louisiana Gas Development Corporation called residue of 501.76 acre |
|
tract, a distance of 1150.80 feet to a 5/8-inch iron rod marked |
|
"Leap Eng." set for a PC of a non tangent curve to the right; |
|
THENCE along and with the curve to the right an arc distance of |
|
272.42 feet with a radius of 363.39 feet with a chord bearing of |
|
South 20 Deg. 10 Min. 36 Sec. West a chord distance of 266.09 feet to |
|
a 1-inch iron rod found for an angle point of said Louisiana Gas |
|
Development Corporation called 231.743 acre tract; |
|
THENCE South 41 Deg. 37 Min. 05 Sec. West along and with a |
|
Southeasterly line of said Louisiana Gas Development Corporation |
|
called 231.743 acre tract, same being a Northwesterly line of said |
|
Louisiana Gas Development Corporation called residue of 501.76 acre |
|
tract, a distance of 1751.90 feet to a 5/8-inch iron rod marked |
|
"Leap Eng." set for the Southerly corner of the herein described |
|
180.238 acre tract, same being the Northerly corner of a 51.418 acre |
|
tract of land called Tract II surveyed on the same day as the herein |
|
described tract of land; |
|
THENCE North 50 Deg. 10 Min. 20 Sec. West along and with a |
|
Southwesterly line of said Louisiana Gas Development Corporation |
|
called 231.743 acre tract, same being a Northeasterly line of said |
|
Louisiana Gas Development Corporation called residue of 501.76 acre |
|
tract, a distance of 644.41 feet to a 1-inch iron rod found for an |
|
ell corner of said Louisiana Gas Development Corporation called |
|
231.743 acre tract; |
|
THENCE South 41 Deg. 35 Min. 30 Sec. West along and with a |
|
Southeasterly line of said Louisiana Gas Development Corporation |
|
called 231.743 acre tract, same being a Northwesterly line of said |
|
Louisiana Gas Development Corporation called residue of 501.76 acre |
|
tract, a distance of 239.63 feet to a 5/8-inch iron rod marked "Leap |
|
Eng." set for an angle point for said Louisiana Gas Development |
|
Corporation called 231.743 acre tract; |
|
THENCE South 89 Deg. 57 Min. 09 Sec. West along and with a Southerly |
|
line of said Louisiana Gas Development Corporation called 231.743 |
|
acre tract, same being a Northerly line of said Louisiana Gas |
|
Development Corporation called residue of 501.76 acre tract, a |
|
distance of 1077.96 feet to a 5/8-inch iron rod marked "Leap Eng." |
|
set for an ell corner of said Louisiana Gas Development Corporation |
|
called 231.743 acre tract; |
|
THENCE South 00 Deg. 15 Min. 31 Sec. East along and with a Easterly |
|
line of said Louisiana Gas Development Corporation called 231.743 |
|
acre tract, same being a Westerly line of said Louisiana Gas |
|
Development Corporation called residue of 501.76 acre tract, a |
|
distance of 1074.17 feet to a 1-inch iron rod found for an ell |
|
corner of said Louisiana Gas Development Corporation called 231.743 |
|
acre tract; |
|
THENCE South 89 Deg. 37 Min. 40 Sec. West along and with a Southerly |
|
line of said Louisiana Gas Development Corporation called 231.743 |
|
acre tract, same being a Northerly line of said Louisiana Gas |
|
Development Corporation called residue of 501.76 acre tract, a |
|
distance of 571.97 feet to a 5/8-inch iron rod marked "Leap Eng." |
|
set for a Southwesterly corner of said Louisiana Gas Development |
|
Corporation called 231.743 acre tract, same being a Northwesterly |
|
corner of said Louisiana Gas Development Corporation called residue |
|
of 501.76 acre tract, same being in the Easterly line of said |
|
Sherholders LP called 408.233 acre tract; |
|
THENCE North 00 Deg. 14 Min. 54 Sec. West along and with a Westerly |
|
line of said Louisiana Gas Development Corporation called 231.743 |
|
acre tract, same being the Easterly line of said Sherholders LP |
|
called 408.233 acre tract, a distance of 1076.90 feet to a 1-inch |
|
iron rod found for an ell corner of said Louisiana Gas Development |
|
Corporation called 231.743 acre tract, same being the Easterly |
|
corner of said Sherholders LP called 408.233 acre tract; |
|
THENCE South 89 Deg. 58 Min. 03 Sec. West along and with a Southerly |
|
line of said Louisiana Gas Development Corporation called 231.743 |
|
acre tract, same being the Northerly line of said Sherholders LP |
|
called 408.233 acre tract, a distance of 2083.92 feet to a point for |
|
corner marking a Southwesterly corner of said Louisiana Gas |
|
Development Corporation called 231.743 acre tract, same being the |
|
Northwesterly corner of said Sherholders LP called 408.233 acre |
|
tract, same being in the Easterly line of that certain Sherholders |
|
LP called 126.010 acre tract of land more fully described in Clerks |
|
File No. 2003026036 of the Official Public Records of said County |
|
and State; |
|
THENCE North 00 Deg. 14 Min. 37 Sec. West along and with a Westerly |
|
line of said Louisiana Gas Development Corporation called 231.743 |
|
acre tract, same being the Easterly line of said Sherholders LP |
|
called 126.010 acre tract, a distance of 535.85 feet to a 5/8-inch |
|
iron rod marked "Leap Eng." set for a Northwesterly corner of said |
|
Louisiana Gas Development Corporation called 231.743 acre tract, |
|
same being a Southwesterly corner of said Louisiana Gas Development |
|
Corporation called residue of 501.76 acre tract; |
|
THENCE North 89 Deg. 41 Min. 36 Sec. East along and with a Northerly |
|
line of said Louisiana Gas Development Corporation called 231.743 |
|
acre tract, same being the Southerly line of said Louisiana Gas |
|
Development Corporation called residue of 501.76 acre tract, a |
|
distance of 3114.90 feet to a 1-inch iron rod found for an angle |
|
point of said Louisiana Gas Development Corporation called 231.743 |
|
acre tract; |
|
THENCE North 41 Deg. 36 Min. 48 Sec. East along and with a |
|
Northwesterly line of said Louisiana Gas Development Corporation |
|
called 231.743 acre tract, same being a Southeasterly line of said |
|
Louisiana Gas Development Corporation called residue of 501.76 acre |
|
tract, a distance of 2215.26 feet to a 1-inch iron rod found for an |
|
ell corner of said Louisiana Gas Development Corporation called |
|
231.743 acre tract; |
|
THENCE North 50 Deg. 10 Min. 15 Sec. West along and with a |
|
Southwesterly line of said Louisiana Gas Development Corporation |
|
called 231.745 acre tract, same being a Northeasterly line of said |
|
Louisiana Gas Development Corporation called residue of 501.76 acre |
|
tract, a distance of 829.98 feet to a 1-inch iron rod found a |
|
Westerly corner of said Louisiana Gas Development Corporation |
|
called 231.743 acre tract, same being a Northerly corner of said |
|
Louisiana Gas Development Corporation called residue of 501.76 acre |
|
tract, same being in the Southeasterly line of that certain D & R |
|
Properties called 150.08 acre tract of land more fully described in |
|
Clerk File No. 2005027161 of the Official Public Records of said |
|
County and State; |
|
THENCE North 41 Deg. 36 Min. 48 Sec. East along and with a |
|
Northwesterly line of said Louisiana Gas Development Corporation |
|
called 231.743 acre tract, same being the Southeasterly line of |
|
said D & R Properties called 150.08 acre tract and Treasure Cove a |
|
subdivision to Jefferson County, Texas, recorded in Clerk File No. |
|
2006024719 of the Map Records of said County and State, a distance |
|
of 2129.83 feet to a 5/8-inch iron rod marked "Leap Eng." set for a |
|
Northerly corner of said Louisiana Gas Development Corporation |
|
called 231.743 acre tract, same being the Easterly corner of said D & |
|
R Properties called 150.80 acre tract, same being in the |
|
Southwesterly right of way line of said Smith Road; |
|
THENCE South 50 Deg. 12 Min. 03 Sec. East along and with a |
|
Northeasterly line of said Louisiana Gas Development Corporation |
|
called 231.743 acre tract, same being the Southwesterly right of |
|
way line of said Smith Road, a distance of 1057.06 feet to the PLACE |
|
OF BEGINNING, containing 180.238 acres of land, more or less. |
|
Attachment "B" |
|
Surveyor's Field Note Description: 251.685 Acres |
|
Tract I: |
|
BEING a 101.623 acre tract of land, being out of and a part of that |
|
certain Louisiana Gas Development Corporation called 248.917 acre |
|
tract of land more fully described and recorded in Clerk File No. |
|
2005028881 of the Official Public Records of Jefferson County, |
|
Texas. Said 101.623 acre tract being out of the T. & N. O. R. R. Co. |
|
Survey, Abstract No. 261, George W. Kidd Survey, Abstract No. 761, |
|
George W. Kidd Survey, Abstract No. 795, George W. Kidd Survey, |
|
Abstract No. 737, and the S.D. Decordova Survey, Abstract No. 851, |
|
of said County and State, and is more particularly described as |
|
follows: |
|
BEGINNING at a 5/8-inch iron rod marked "Leap Eng." set for an |
|
Easterly corner of said Louisiana Gas Development Corporation |
|
called 248.917 acre tract, same being the Southerly corner of that |
|
certain Louisiana Gas Development Corporation called 21.100 acre |
|
tract of land more fully described in Clerk File No. 2005028881 of |
|
the Official Public Records of said County and State, same being in |
|
the Northwesterly right of way line if Interstate Highway No. 10 a |
|
public right of way; |
|
THENCE South 41 Deg. 37 Min. 00 Sec. West (Reference Bearing) along |
|
and with the Southeasterly line of said Louisiana Gas Development |
|
Corporation called 248.917 acre tract, same being the Northwesterly |
|
right of way line of said Interstate Highway No. 10, a distance of |
|
2999.99 feet to a 1-inch iron rod found for the Southerly corner of |
|
said Louisiana Gas Development Corporation called 248.917 acre |
|
tract, same being an Easterly corner of that certain Louisiana Gas |
|
Development Corporation called 231.743 acre tract of land more |
|
fully described in Clerk File No. 2005028881 of the Official Public |
|
Records of said County and State; |
|
THENCE North 50 Deg. 10 Min. 20 Sec. West along and with the |
|
Southwesterly line of said Louisiana Gas Development Corporation |
|
called 248.917 acre tract, same being a Northeasterly line of said |
|
Louisiana Gas Development Corporation called 231.743 acre tract, a |
|
distance of 660.00 feet to a 5/8-inch iron rod marked "Leap Eng." |
|
set for a Westerly corner of the herein described 101.623 acre |
|
tract, same being an Easterly corner of a 72.960 acre tract of land |
|
called tract II surveyed on the same date as the herein described; |
|
THENCE North 41 Deg. 37 Min. 05 Sec. East along and with a |
|
Northwesterly line of said Louisiana Gas Development Corporation |
|
called 248.917 acre tract, same being a southeasterly line of said |
|
Louisiana Gas Development Corporation called 231.743 acre tract, a |
|
distance of 1751.90 feet to a 1-inch iron rod found for the PC of a |
|
non tangent curve to the left; |
|
THENCE along and with the curve to the left an arc distance of |
|
272.42 feet with a radius of 363.39 feet with a chord bearing of |
|
North 20 Deg. 10 Min. 36 Sec. East with a chord distance of 266.09 |
|
feet to a 5/8-inch iron rod marked "Leap Eng." set for an angle |
|
point of said Louisiana Gas Development Corporation called 248.917 |
|
acre tract; |
|
THENCE North 50 Deg. 19 Min. 12 Sec. West along and with a |
|
Southwesterly line of said Louisiana Gas Development Corporation |
|
called 248.917 acre tract, same being a Northeasterly line of said |
|
Louisiana Gas Development Corporation called 231.743 acre tract, a |
|
distance of 1150.80 feet to a 1-inch iron rod found for an ell |
|
corner of said Louisiana Gas Development Corporation called 248.917 |
|
acre tract; |
|
THENCE North 41 Deg. 36 Min. 48 Sec. East along and with a |
|
Northwesterly line of said Louisiana Gas Development Corporation |
|
called 248.917 acre tract, same being a Southeasterly line of said |
|
Louisiana Gas Development Corporation called 231.743 acre tract, a |
|
distance of 2130.59 feet to a 1-inch iron rod found for the |
|
Northerly corner of a said Louisiana Gas Development Corporation |
|
called 248.917 acre tract, same being an Easterly corner of said |
|
Louisiana Gas Development Corporation called 231.743 acre tract, |
|
same being in the Southwesterly right of way of Smith Road a public |
|
right of way; |
|
THENCE South 50 Deg. 12 Min. 03 Sec. East along and with a |
|
Northeasterly line of said Louisiana Gas Development Corporation |
|
called 248.917 acre tract, same being in the Southwesterly right of |
|
way line of said Smith Road, a distance of 1056.98 feet to a 1-inch |
|
iron rod found for an Easterly corner of said Louisiana Gas |
|
Development Corporation called 248.917 acre tract same being the |
|
Northerly corner of said Louisiana Gas Development Corporation |
|
called 21.100 acre tract; |
|
THENCE South 41 Deg. 37 Min. 45 Sec. West along and with a |
|
Southeasterly line of said Louisiana Gas Development Corporation |
|
called 248.917 acre tract same being the Northwesterly line of said |
|
Louisiana Gas Development Corporation called 21.100 acre tract, a |
|
distance of 1130.75 feet to a 1-inch iron rod found for an ell |
|
corner of said Louisiana Gas Development Corporation called 248.917 |
|
acre tract, same being the Westerly corner of said Louisiana Gas |
|
Development Corporation called 21.100 acre tract; |
|
THENCE South 50 Deg. 10 Min. 20 Sec. East along and with a |
|
Northeasterly line of said Louisiana Gas Development Corporation |
|
called 248.917 acre tract, same being the Southwesterly line of |
|
said Louisiana Gas Development Corporation called 21.100 acre |
|
tract, a distance of 850.40 feet to the PLACE OF BEGINNING, |
|
containing 101.623 acre of land, more or less. |
|
Tract II |
|
BEING a 72.960 acre tract of land, being out of and a part of that |
|
certain Louisiana Gas Development Corporation called 248.917 acre |
|
tract of land more fully described and recorded in Clerk File No. |
|
2005028881 of the Official Public Records of Jefferson County, |
|
Texas. Said 72.960 acre tract being out of the H. T. & N. O. R. R. |
|
Co. Survey, Abstract No. 143, of said County and State, and is more |
|
particularly described as follows: |
|
BEGINNING at a 1-inch iron rod found for the Southerly corner of |
|
said Louisiana Gas Development Corporation called 248.917 acre |
|
tract, same being the Southerly corner of said Louisiana Gas |
|
Development Corporation called 231.743 acre tract, same being in |
|
the Northwesterly right of way line of said Interstate Highway No. |
|
10, same being an easterly corner of that certain Sherholders LP |
|
called 408.233 acre tract of land more fully described in Clerk File |
|
No. 2003026036 of the Official Public Records of said County and |
|
State; |
|
THENCE North 00 Deg. 14 Min. 54 Sec. West along and with a Westerly |
|
line of said Louisiana Gas Development Corporation called 248.917 |
|
acre tract, same being a Easterly line of said Sherholders LP called |
|
408.233 acre tract, a distance of 2722.72 feet to a 5/8-inch iron |
|
rod marked "Leap Eng." set for a Westerly corner of said Louisiana |
|
Gas Development Corporation called 248.917 acre tract, same being a |
|
Southwesterly corner of said Louisiana Gas Development Corporation |
|
called 231.743 acre tract; |
|
THENCE North 89 Deg. 37 Min. 40 Sec. East along and with a Northerly |
|
line of said Louisiana Gas Development Corporation called 248.917 |
|
acre tract, same being a Southerly line of said Louisiana Gas |
|
Development Corporation called 231.743 acre tract, a distance of |
|
571.97 feet to a 1-inch iron rod found for an ell corner of said |
|
Louisiana Gas Development Corporation called 248.917 acre tract; |
|
THENCE North 00 Deg. 15 Min. 31 Sec. West along and with a Westerly |
|
line of said Louisiana Gas Development Corporation called 248.917 |
|
acre tract, same being an Easterly line of said Louisiana Gas |
|
Development Corporation called 231.743 acre tract, a distance of |
|
1074.17 feet to a 5/8-inch iron rod marked "Leap Eng." set for an |
|
ell corner of said Louisiana Gas Development Corporation called |
|
248.917 acre tract; |
|
THENCE North 89 Deg. 57 Min. 09 Sec. East along and with a Northerly |
|
line of said Louisiana Gas Development Corporation called 248.917 |
|
acre tract, same being a Southerly line of said Louisiana Gas |
|
Development Corporation called 231.743 acre tract, a distance of |
|
1077.16 feet to a 5/8-inch iron rod marked "Leap Eng." set for an |
|
angle point in said Louisiana Gas Development Corporation called |
|
248.917 acre tract; |
|
THENCE North 41 Deg. 35 Min. 30 Sec. East along and with a |
|
Northwesterly line of said Louisiana Gas Development Corporation |
|
called 248.917 acre tract, same being a Southeasterly line of said |
|
Louisiana Gas Development Corporation called 231.743 acre tract, a |
|
distance of 239.63 feet to a 1-inch iron rod found for an ell corner |
|
of said Louisiana Gas Development Corporation called 248.917 acre |
|
tract; |
|
THENCE South 50 Deg. 10 Min. 20 Sec. East along and with a |
|
Northeasterly line of said Louisiana Gas Development Corporation |
|
called 248.917 acre tract same being a Southwesterly line of said |
|
Louisiana Gas Development Corporation called 231.743 acre tract, a |
|
distance of 644.41 feet to a 5/8-inch iron rod marked "Leap Eng." |
|
set for an Easterly corner of the herein described 72.960 acre |
|
tract, same being a Westerly corner of a 101.623 acre tract of land |
|
called Tract I surveyed on the same date as the herein described; |
|
THENCE South 41 Deg. 37 Min. 05 Sec. West along and with a |
|
Southeasterly line of said Louisiana Gas Development Corporation |
|
called 248.917 acre tact, same being a Northwesterly line of said |
|
Louisiana Gas Development Corporation called 231.743 acre tract, a |
|
distance of 1999.86 feet to a 1-inch iron rod found for an ell |
|
corner of said Louisiana Gas Development Corporation called 248.917 |
|
acre tract; |
|
THENCE North 50 Deg. 10 Min. 15 Sec. West along and with a |
|
Southwesterly line of said Louisiana Gas Development Corporation |
|
called 248.917 acre tract, same being a Northeasterly line of said |
|
Louisiana Gas Development Corporation called 231.743 acre tract, a |
|
distance of 174.42 feet to a 1-inch iron rod found for and angle |
|
point in said Louisiana Gas Development Corporation called 248.917 |
|
acre tract; |
|
THENCE South 20 Deg. 41 Min. 25 Sec. West along and with an Easterly |
|
line of said Louisiana Gas Development Corporation called 248.917 |
|
acre tract, same being a Westerly line of said Louisiana Gas |
|
Development Corporation called 231.743 acre tract, a distance of |
|
2335.19 feet to the PLACE OF BEGINNING, containing 72.960 acres of |
|
land, more or less. |
|
Tract III |
|
BEING a 77.049 acre tract of land, being out of and a part of that |
|
certain Louisiana Gas Development Corporation called 248.917 acre |
|
tract of land more fully described and recorded in Clerk File No. |
|
2005028881 of the Official Public Records of Jefferson County, |
|
Texas. Said 77.049 acre tract being out of the T. & N. O. R. R. Co. |
|
Survey, Abstract No. 260, George W. Kidd Survey, Abstract No. 795, |
|
George W. Kidd Survey, Abstract No. 737, and the S.D. Decordova |
|
Survey, Abstract No. 851, of said County and State, and is more |
|
particularly described as follows: |
|
BEGINNING at a 1-inch iron rod found for Northerly corner of said |
|
Louisiana Gas Development Corporation called 248.917 acre tract, |
|
same being in the Southeasterly line of that certain D & R |
|
Properties called 150.80 acre tract of land more fully described in |
|
Clerk File No. 2005027161 of the Official Public Records of said |
|
County and State, same being a Westerly corner of said Louisiana Gas |
|
Development Corporation called 231.743 acre tract; |
|
THENCE South 50 Deg. 10 Min. 15 Sec. East along and with a |
|
Northeasterly line of said Louisiana Gas Development Corporation |
|
called 248.917 acre tract, same being a Southwesterly line of said |
|
Louisiana Gas Development Corporation called 231.743 acre tract, a |
|
distance of 829.98 feet to a 1-inch iron rod found for an ell corner |
|
of said Louisiana Gas Development Corporation called 248.917 acre |
|
tract; |
|
THENCE South 41 Deg. 36 Min. 48 Sec. West along and with a |
|
Southeasterly line of said Louisiana Gas Development Corporation |
|
called 248.917 acre tract, same being a Northeasterly line of said |
|
Louisiana Gas Development Corporation called 231.743 acre tract, a |
|
distance of 2215.29 feet to a 1-inch iron rod found for an ell |
|
corner in said Louisiana Gas Development Corporation called 248.917 |
|
acre tract; |
|
THENCE South 89 Deg. 41 Min. 36 Sec. West along and with a Southerly |
|
line of said Louisiana Gas Development Corporation called 248.917 |
|
acre tract, same being a Northerly line of said Louisiana Gas |
|
Development Corporation called 3114.90 feet to a 5/8-inch iron rod |
|
marked "Leap Eng." set for a Southwesterly corner of said Louisiana |
|
Gas Development Corporation called 248.917 acre tract, same being a |
|
Northwesterly corner of said Louisiana Gas Development Corporation |
|
called 231.743 acre tract, same being in a Easterly line of that |
|
certain Sherholders LP called 126.010 acre tract of land more fully |
|
described in Clerk File No. 2003026036 of the Official Public |
|
Records of said County and State; |
|
THENCE North 00 Deg. 14 Min. 37 Sec. West along and with a Westerly |
|
line of said Louisiana Gas Development Corporation called 248.917 |
|
acre tract, same being a Easterly line of said Sherholders LP called |
|
126.010 acre tract, a distance of 551.55 feet to a 5/8-inch iron rod |
|
marked "Leap Eng." set for a Northwesterly corner of said Louisiana |
|
Gas Development Corporation called 248.917 acre tract, same being a |
|
Southwesterly corner of that certain Will Crenshaw called 207.49 |
|
acre tract of land more fully described in Clerk File No. 2006021640 |
|
of the Official Public Records of said County and State; |
|
THENCE South 89 Deg. 59 Min. 38 Sec. East along and with a Northerly |
|
line of said Louisiana Gas Development Corporation called 248.917 |
|
acre tract, same being a Southerly line of said Will Crenshaw called |
|
207.49 acre tract and that certain Louisiana Gas Development |
|
Corporation called 11.449 acre tract of land more fully described |
|
in Clerk File No. 2000015005 of the Official Public Records of said |
|
County and State, a distance of 2480.80 feet to a 5/8-inch iron rod |
|
marked "Leap Eng." set for an angle point in said Louisiana Gas |
|
Development Corporation called 248.917 acre tract; |
|
THENCE North 41 Deg. 36 Min. 48 Sec. East along and with a |
|
Northwesterly line of said Louisiana Gas Development Corporation |
|
called 248.917 acre tract, same being a Southeasterly line of said |
|
Louisiana Gas Development Corporation called 11.449 acre tract and |
|
said D & R Properties called 150.80 acre tract, a distance of |
|
2213.74 feet to the PLACE OF BEGINNING, containing 77.049 acres of |
|
land, more or less. |
|
Tract IV |
|
BEING a 11.435 acre tract of land consisting of that certain |
|
Louisiana Gas Development Corporation called 11.449 acre tract of |
|
land more fully described in Clerk File No. 2000015005 of the |
|
Official Public Records of Jefferson County, Texas. Said 11.435 |
|
acre tract being out of the T. & N. O. R. R. Co. Survey, Abstract No. |
|
260 and the George W. Kidd Survey, Abstract No. 737 of said County |
|
and State, and is more particularly described as follows: |
|
BEGINNING at a 5/8-inch iron rod marked "Leap Eng." set for the |
|
Northwest corner of said Louisiana Gas Development Corporation |
|
called 11.449 acre tract, same being a Southerly corner of said Will |
|
Crenshaw called 207.49 acre tract, same being in the centerline of |
|
that certain 125 foot wide Drainage Easement more fully described |
|
in Film Coded No. 102-77-1073 of the Official Public Records of said |
|
County and State; |
|
THENCE North 89 Deg. 36 Min. 28 Sec. East along and with the |
|
Northerly line of said Louisiana Gas Development Corporation called |
|
11.449 acre tract, same being a Southerly line of said Will Crenshaw |
|
called 207.49 acre tract, a distance of 940.86 feet to a 1/2-inch |
|
iron rod found for the Northeast corner of said Louisiana Gas |
|
Development Corporation called 11.449 acre tract, same being a |
|
Southerly Corner of said Will Crenshaw called 207.49 acre tract; |
|
THENCE South 00 Deg. 19 Min. 45 Sec. East along and with the |
|
Easterly line of said Louisiana Gas Development Corporation called |
|
11.449 acre tract, same being a Westerly line of said Will Crenshaw |
|
called 207.49 acre tract, a distance of 487.58 feet to a 1/2-inch |
|
iron rod found for the Southeast Corner of said Louisiana Gas |
|
Development Corporation called 11.449 acre tract, same being an |
|
interior corner of said Will Crenshaw called 207.49 acre tract, |
|
same being in a Northerly line of said Louisiana Gas Development |
|
Corporation called 248.917 acre tract; |
|
THENCE South 41 Deg. 36 Min. 48 Sec. West along and with a |
|
Southeasterly line of said Louisiana Gas Development Corporation |
|
called 11.449 acre tract, same being a Northerly line of said |
|
Louisiana Gas Development Corporation called 248.917 acre tract, a |
|
distance of 273.14 feet to a 1/2-inch iron rod found for the most |
|
Southerly Southeast corner of said Louisiana Gas Development |
|
Corporation called 11.449 acre tract, same being an angle point of |
|
said Louisiana Gas Development Corporation called 248.917 acre |
|
tract, |
|
THENCE North 89 Deg. 59 Sec. 38 Min. West along and with the |
|
Southerly line of said Louisiana Gas Development Corporation called |
|
11.449 acre tract, same being a northerly line of said Louisiana Gas |
|
Development Corporation called 207.917 acre tract, a distance of |
|
426.05 feet to a 5/8-inch iron rod marked "Leap Eng." set for the |
|
Southwest Corner of said Louisiana Gas Development Corporation |
|
called 11.449 acre tract, same being in a Northerly line of said |
|
Louisiana Gas Development Corporation called 207.917 acre tract, |
|
same being in the Centerline of said 125 foot wide Drainage |
|
Easement; |
|
THENCE in a Northerly direction along and with the Westerly line of |
|
said Louisiana Gas Development Corporation called 11.449 acre |
|
tract, same being a Easterly line of said Will Crenshaw called |
|
207.49 acre tract same being the centerline of said 125 foot wide |
|
Drainage Ditch the following courses and distances; |
|
North 35 Deg. 41 Min. 44 Sec. West a distance of 45.19 feet to |
|
a point for corner; |
|
North 25 Deg. 16 Min. 34 Sec. West a distance of 172.86 feet |
|
to a point for corner; |
|
North 00 Deg. 19 Min. 34 Sec. West a distance of 133.04 feet |
|
to a point for corner; |
|
North 27 Deg. 08 Min. 27 Sec. West a distance of 215.90 feet |
|
to a point for corner; |
|
North 41 Deg. 50 Min. 08 Sec. West a distance of 162.93 feet |
|
to a point for corner; |
|
North 31 Deg. 44 Min. 51 Sec. West a distance of 53.37 feet to |
|
a point for corner, to the PLACE OF BEGINNING, containing 11.435 |
|
acre tract of land, more or less. |
|
SECTION 3. (a) The legal notice of the intention to |
|
introduce this Act, setting forth the general substance of this |
|
Act, has been published as provided by law, and the notice and a |
|
copy of this Act have been furnished to all persons, agencies, |
|
officials, or entities to which they are required to be furnished |
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
Government Code. |
|
(b) The governor, one of the required recipients, has |
|
submitted the notice and Act to the Texas Commission on |
|
Environmental Quality. |
|
(c) The Texas Commission on Environmental Quality has filed |
|
its recommendations relating to this Act with the governor, the |
|
lieutenant governor, and the speaker of the house of |
|
representatives within the required time. |
|
(d) All requirements of the constitution and laws of this |
|
state and the rules and procedures of the legislature with respect |
|
to the notice, introduction, and passage of this Act are fulfilled |
|
and accomplished. |
|
SECTION 4. This Act takes effect September 1, 2009. |