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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 Montgomery County Water Control and |
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Improvement District No. 3; providing authority to impose a tax and |
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issue bonds; granting a limited 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 9040 to read as follows: |
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CHAPTER 9040. MONTGOMERY COUNTY WATER CONTROL AND IMPROVEMENT |
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DISTRICT NO. 3 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 9040.001. 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 Montgomery County Water |
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Control and Improvement District No. 3. |
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Sec. 9040.002. NATURE OF DISTRICT. The district is a water |
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control and improvement district created under Section 59, Article |
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XVI, Texas Constitution. |
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Sec. 9040.003. CONFIRMATION AND DIRECTORS' ELECTION |
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REQUIRED. The temporary directors shall hold an election to |
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confirm the creation of the district and to elect five permanent |
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directors as provided by Section 49.102, Water Code. |
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Sec. 9040.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 9040.003 |
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until each municipality in whose corporate limits or |
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extraterritorial jurisdiction the district is located has |
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consented by ordinance or resolution to the creation of the |
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district and to the inclusion of land in the district. |
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Sec. 9040.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a) |
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The district is created to serve a public purpose and benefit. |
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(b) The district is created to accomplish the purposes of a |
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water control and improvement district as provided by general law |
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and Section 59, Article XVI, Texas Constitution. |
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Sec. 9040.006. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act creating this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act creating this chapter form a closure. A mistake made in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for the purposes |
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for which the district is created or to pay the principal of and |
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interest on a bond; |
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(3) right to impose a tax; or |
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(4) legality or operation. |
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[Sections 9040.007-9040.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 9040.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five elected directors. |
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(b) Except as provided by Section 9040.052, directors serve |
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staggered four-year terms. |
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Sec. 9040.052. TEMPORARY DIRECTORS. (a) On or after the |
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effective date of the Act creating this chapter, the owner or owners |
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of a majority of the assessed value of the real property in the |
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district may submit a petition to the Texas Commission on |
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Environmental Quality requesting that the commission appoint as |
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temporary directors the five persons named in the petition. The |
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commission shall appoint as temporary directors the five persons |
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named in the petition. |
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(b) Temporary directors serve until the earlier of: |
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(1) the date permanent directors are elected under |
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Section 9040.003; or |
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(2) the fourth anniversary of the effective date of |
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the Act creating this chapter. |
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(c) If permanent directors have not been elected under |
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Section 9040.003 and the terms of the temporary directors have |
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expired, successor temporary directors shall be appointed or |
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reappointed as provided by Subsection (d) to serve terms that |
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expire on the earlier of: |
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(1) the date permanent directors are elected under |
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Section 9040.003; or |
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(2) the fourth anniversary of the date of the |
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appointment or reappointment. |
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(d) If Subsection (c) applies, the owner or owners of a |
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majority of the assessed value of the real property in the district |
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may submit a petition to the Texas Commission on Environmental |
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Quality requesting that the commission appoint as successor |
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temporary directors the five persons named in the petition. The |
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commission shall appoint as successor temporary directors the five |
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persons named in the petition. |
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[Sections 9040.053-9040.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 9040.101. 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. 9040.102. WATER CONTROL AND IMPROVEMENT DISTRICT |
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POWERS AND DUTIES. (a) The district has the powers and duties |
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provided by the general law of this state, including Chapters 49 and |
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51, Water Code, applicable to water control and improvement |
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districts created under Section 59, Article XVI, Texas |
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Constitution. |
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(b) The powers and duties authorized under Subsection (a) |
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shall specifically include the powers authorized under Subchapter |
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H, Chapter 51, Water Code. |
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Sec. 9040.103. 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 that is adopted under |
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Section 42.042 or 42.0425, Local Government Code, and that consents |
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to the creation of the district or to the inclusion of land in the |
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district. |
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Sec. 9040.104. LIMITATION ON USE OF EMINENT DOMAIN. The |
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district may not exercise the power of eminent domain outside the |
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district to acquire a site or easement for a recreational facility |
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as defined by Section 49.462, Water Code. |
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[Sections 9040.105-9040.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 9040.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The |
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district may issue, without an election, bonds and other |
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obligations secured by: |
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(1) revenue other than ad valorem taxes; or |
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(2) contract payments described by Section 9040.153. |
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(b) The district must hold an election in the manner |
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provided by Chapters 49 and 51, 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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Sec. 9040.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 9040.151, the district |
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may impose an operation and maintenance tax on taxable property in |
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the district in accordance with Section 49.107, Water Code. |
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(b) The board shall determine the tax rate. The rate may not |
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exceed the rate approved at the election. |
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Sec. 9040.153. CONTRACT TAXES. (a) In accordance with |
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Section 49.108, Water Code, the district may impose a tax other than |
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an operation and maintenance tax and use the revenue derived from |
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the tax to make payments under a contract after the provisions of |
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the contract have been approved by a majority of the district voters |
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voting at an election held for that purpose. |
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(b) A contract approved by the district voters may contain a |
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provision stating that the contract may be modified or amended by |
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the board without further voter approval. |
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[Sections 9040.154-9040.200 reserved for expansion] |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 9040.201. 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, contract payments, grants, or other district money, or any |
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combination of those sources, to pay for any authorized district |
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purpose. |
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Sec. 9040.202. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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board shall provide for the annual imposition of a continuing |
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direct ad valorem tax, without limit as to rate or amount, while all |
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or part of the bonds are outstanding as required and in the manner |
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provided by Chapter 51, Water Code. |
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Sec. 9040.203. BONDS FOR RECREATIONAL FACILITIES. (a) The |
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district may develop recreational facilities and issue bonds for |
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the facilities under Chapter 49, Water Code, notwithstanding any |
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overlap of the district's territory with the territory of one or |
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more political subdivisions authorized to develop recreational |
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facilities and issue bonds under Chapter 49, Water Code. |
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(b) The authority of the district to develop recreational |
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facilities and issue bonds under this section does not limit the |
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authority of any other political subdivision whose territory the |
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territory of the district may overlap, wholly or partly, to develop |
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recreational facilities and issue bonds under Chapter 49, Water |
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Code. |
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SECTION 2. The Montgomery County Water Control and |
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Improvement District No. 3 initially includes all the territory |
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contained in the following area: |
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TRACT 1: |
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All that certain 735.094 acre (32,020,707 Square Feet) parcel |
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of land situated in the Joseph A. Parker Survey, Abstract Number |
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418, in Montgomery County, Texas, and being out of and a portion of |
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that certain call 2,086.441 acre tract of land described in a |
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Warranty Deed to Pacific Indio Properties, Inc., in Clerk's File |
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Number 2005-116793 of the Official Public Records of Real Property |
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at Montgomery County, Texas (O.P.R.R.P.M.C.T.), and out of and a |
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portion of that certain call 877.775 acre tract of land as described |
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in a Warranty Deed to Pacific Indio Properties, Inc., in Clerk's |
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File Number 2005-116796 of the O.P.R.R.P.M.C.T., said 735.094 tract |
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being more particularly described by metes and bounds as follows: |
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(All bearings are referenced to the Texas State Plane Coordinate |
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System, South Central Zone) |
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COMMENCING at a 5/8-inch iron rod with plastic cap stamped |
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"BENCHMARK ENGR." found in the southerly line of said 877.775 acre |
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tract for the upper northeast corner of said 2,086.441 acre tract |
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and the northwest corner of that certain call 435.784 acre tract |
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described in a Warranty Deed to Pacific Indio Properties, Inc., in |
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Clerk's File Number 2005-116798 of the O.P.R.R.P.M.C.T.; |
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THENCE, with the southerly line of said 877.775 acre tract |
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and the northerly line of said 2,086.441 acre tract, South 56 |
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Degrees 46 Minutes 11 Seconds West, a distance of 5,077.32 feet to |
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the intersection of the northerly line of said 2,086.441 acre tract |
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with the northerly line of the of the herein described tract for the |
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POINT OF BEGINNING; |
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THENCE, through and across said 2,086.441 acre tract and with |
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the northerly line of the herein described tract, North 90 Degrees |
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00 Minutes 00 Seconds East, a distance of 3,323.25 feet to the |
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intersection of the northerly line of the herein described tract |
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with the westerly right-of-way of proposed Townsen Road (100 feet |
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wide) for the upper northeast corner of the herein described tract; |
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THENCE, continuing through and across said 2,086.441 acre |
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tract, and with the westerly R.O.W. line of said proposed Townsen |
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Road, the following three (3) courses: |
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1) 1,137.04 feet along the arc of a curve to the left having |
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a radius of 2,050.00 feet, a central angle of 31 Degrees 46 Minutes |
|
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45 Seconds, and a chord that bears South 33 Degrees 17 Minutes 04 |
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Seconds East, a distance of 1,122.52 feet; |
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2) South 49 Degrees 10 Minutes 27 Seconds East, a distance |
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of 805.47 feet to the beginning of a curve to the right; |
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3) 781.30 feet along the arc of said curve to the right |
|
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having a radius of 2,950.00 feet, a central angle of 15 Degrees 10 |
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Minutes 28 Seconds, and a chord that bears South 41 Degrees 35 |
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Minutes 12 Seconds East, a distance of 779.02 feet to the |
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intersection of the westerly R.O.W. of said proposed Townsen Road |
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with a west line of the he City of Houston City Limits, as prepared |
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by the City of Houston Geographic Information System Office and |
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made available to the public in Release 12, dated June 2006 for the |
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lower northeast corner of the herein described tract; |
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THENCE, continuing through and across said 2,086.441 acre |
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tract and with said west City of Houston City Limit line, the |
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following two (2) courses: |
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1) South 02 Degrees 47 Minutes 24 Seconds East, a distance |
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of 1,313.89 feet to an angle point; |
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2) South 02 Degrees 47 Minutes 12 Seconds East, a distance |
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of 3,425.25 feet to the intersection of the west City of Houston |
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City Limit Line with the north bank of Spring Creek; |
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THENCE, with the meanders of the north and east bank of Spring |
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Creek, the following one hundred eight (108) courses: |
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1) North 49 Degrees 05 Minutes 53 Seconds West, a distance |
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of 19.99 feet: |
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2) North 57 Degrees 20 Minutes 48 Seconds West, a distance |
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of 135.77 feet; |
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3) North 62 Degrees 25 Minutes 32 Seconds West, a distance |
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of 137.51 feet; |
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4) North 65 Degrees 43 Minutes 11 Seconds West, a distance |
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of 84.57 feet; |
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5) North 64 Degrees 48 Minutes 29 Seconds West, a distance |
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of 137.90 feet; |
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6) North 58 Degrees 37 Minutes 43 Seconds West, a distance |
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of 176.05 feet; |
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7) North 60 Degrees 41 Minutes 48 Seconds West, a distance |
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of 117.33 feet; |
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8) North 56 Degrees 46 Minutes 25 Seconds West, a distance |
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of 77.06 feet; |
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9) North 55 Degrees 51 Minutes 52 Seconds West, a distance |
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of 101.56 feet; |
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10) North 56 Degrees 09 Minutes 58 Seconds West, a distance |
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of 155.42 feet; |
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11) North 65 Degrees 48 Minutes 53 Seconds West, a distance |
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of 74.18 feet; |
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12) North 58 Degrees 45 Minutes 09 Seconds West, a distance |
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of 107.02 feet; |
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13) North 67 Degrees 56 Minutes 47 Seconds West, a distance |
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of 60.93 feet; |
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14) North 67 Degrees 02 Minutes 03 Seconds West, a distance |
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of 71.72 feet; |
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15) North 72 Degrees 24 Minutes 16 Seconds West, a distance |
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of 68.26 feet; |
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16) North 76 Degrees 27 Minutes 38 Seconds West, a distance |
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of 61.13 feet; |
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17) North 77 Degrees 37 Minutes 24 Seconds West, a distance |
|
|
of 58.17 feet; |
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18) North 81 Degrees 12 Minutes 43 Seconds West, a distance |
|
|
of 61.49 feet; |
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19) North 76 Degrees 14 Minutes 05 Seconds West, a distance |
|
|
of 75.16 feet; |
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20) North 76 Degrees 21 Minutes 11 Seconds West, a distance |
|
|
of 49.48 feet; |
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21) North 69 Degrees 36 Minutes 09 Seconds West, a distance |
|
|
of 37.50 feet; |
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22) North 43 Degrees 21 Minutes 14 Seconds West, a distance |
|
|
of 54.11 feet; |
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23) North 50 Degrees 23 Minutes 53 Seconds West, a distance |
|
|
of 33.81 feet; |
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24) North 51 Degrees 23 Minutes 51 Seconds West, a distance |
|
|
of 61.36 feet; |
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25) North 63 Degrees 35 Minutes 38 Seconds West, a distance |
|
|
of 90.19 feet; |
|
|
26) North 67 Degrees 47 Minutes 52 Seconds West, a distance |
|
|
of 100.45 feet; |
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|
27) North 68 Degrees 11 Minutes 20 Seconds West, a distance |
|
|
of 108.69 feet; |
|
|
28) North 73 Degrees 13 Minutes 32 Seconds West, a distance |
|
|
of 117.05 feet; |
|
|
29) North 70 Degrees 00 Minutes 22 Seconds West, a distance |
|
|
of 151.55 feet; |
|
|
30) North 78 Degrees 02 Minutes 09 Seconds West, a distance |
|
|
of 103.31 feet; |
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31) South 87 Degrees 00 Minutes 49 Seconds West, a distance |
|
|
of 83.97 feet; |
|
|
32) North 87 Degrees 56 Minutes 37 Seconds West, a distance |
|
|
of 88.95 feet; |
|
|
33) South 81 Degrees 04 Minutes 57 Seconds West, a distance |
|
|
of 106.98 feet; |
|
|
34) South 68 Degrees 37 Minutes 37 Seconds West, a distance |
|
|
of 93.90 feet; |
|
|
35) South 60 Degrees 46 Minutes 32 Seconds West, a distance |
|
|
of 87.27 feet; |
|
|
36) South 56 Degrees 50 Minutes 14 Seconds West, a distance |
|
|
of 145.92 feet; |
|
|
37) South 43 Degrees 19 Minutes 52 Seconds West, a distance |
|
|
of 129.53 feet; |
|
|
38) South 11 Degrees 41 Minutes 16 Seconds West, a distance |
|
|
of 63.73 feet; |
|
|
39) South 14 Degrees 06 Minutes 39 Seconds West, a distance |
|
|
of 35.47 feet; |
|
|
40) South 11 Degrees 31 Minutes 36 Seconds West, a distance |
|
|
of 135.92 feet; |
|
|
41) South 07 Degrees 33 Minutes 39 Seconds West, a distance |
|
|
of 173.98 feet; |
|
|
42) South 16 Degrees 35 Minutes 36 Seconds West, a distance |
|
|
of 202.30 feet; |
|
|
43) South 20 Degrees 46 Minutes 19 Seconds West, a distance |
|
|
of 60.02 feet; |
|
|
44) South 13 Degrees 41 Minutes 13 Seconds West, a distance |
|
|
of 69.86 feet; |
|
|
45) South 11 Degrees 54 Minutes 31 Seconds West, a distance |
|
|
of 90.00 feet; |
|
|
46) South 41 Degrees 05 Minutes 52 Seconds West, a distance |
|
|
of 105.79 feet; |
|
|
47) South 44 Degrees 29 Minutes 50 Seconds West, a distance |
|
|
of 144.95 feet; |
|
|
48) South 70 Degrees 17 Minutes 01 Second West, a distance |
|
|
of 86.14 feet; |
|
|
49) South 80 Degrees 22 Minutes 04 Seconds West, a distance |
|
|
of 72.00 feet; |
|
|
50) South 83 Degrees 55 Minutes 32 Seconds West, a distance |
|
|
of 55.78 feet; |
|
|
51) North 62 Degrees 32 Minutes 12 Seconds West, a distance |
|
|
of 55.35 feet; |
|
|
52) North 46 Degrees 07 Minutes 56 Seconds West, a distance |
|
|
of 50.63 feet; |
|
|
53) North 60 Degrees 53 Minutes 30 Seconds West, a distance |
|
|
of 91.05 feet; |
|
|
54) North 43 Degrees 48 Minutes 09 Seconds West, a distance |
|
|
of 68.28 feet; |
|
|
55) North 38 Degrees 31 Minutes 17 Seconds West, a distance |
|
|
of 94.63 feet; |
|
|
56) North 36 Degrees 31 Minutes 53 Seconds West, a distance |
|
|
of 129.74 feet; |
|
|
57) North 33 Degrees 10 Minutes 58 Seconds West, a distance |
|
|
of 149.99 feet; |
|
|
58) North 39 Degrees 11 Minutes 59 Seconds West, a distance |
|
|
of 148.77 feet; |
|
|
59) North 46 Degrees 30 Minutes 43 Seconds West, a distance |
|
|
of 132.39 feet; |
|
|
60) North 50 Degrees 47 Minutes 36 Seconds West, a distance |
|
|
of 128.98 feet; |
|
|
61) North 57 Degrees 41 Minutes 23 Seconds West, a distance |
|
|
of 116.30 feet; |
|
|
62) North 59 Degrees 09 Minutes 40 Seconds West, a distance |
|
|
of 109.25 feet; |
|
|
63) North 63 Degrees 32 Minutes 05 Seconds West, a distance |
|
|
of 107.54 feet; |
|
|
64) North 68 Degrees 17 Minutes 10 Seconds West, a distance |
|
|
of 93.47 feet; |
|
|
65) North 47 Degrees 28 Minutes 49 Seconds West, a distance |
|
|
of 157.27 feet; |
|
|
66) North 63 Degrees 12 Minutes 00 Seconds West, a distance |
|
|
of 197.97 feet; |
|
|
67) South 87 Degrees 59 Minutes 56 Seconds West, a distance |
|
|
of 253.67 feet; |
|
|
68) North 88 Degrees 56 Minutes 41 Seconds West, a distance |
|
|
of 205.97 feet; |
|
|
69) North 51 Degrees 29 Minutes 07 Seconds West, a distance |
|
|
of 198.79 feet; |
|
|
70) North 39 Degrees 26 Minutes 04 Seconds West, a distance |
|
|
of 161.54 feet; |
|
|
71) North 29 Degrees 31 Minutes 37 Seconds West, a distance |
|
|
of 191.59 feet; |
|
|
72) North 26 Degrees 12 Minutes 58 Seconds West, a distance |
|
|
of 158.00 feet; |
|
|
73) North 26 Degrees 53 Minutes 05 Seconds West, a distance |
|
|
of 130.95 feet; |
|
|
74) North 15 Degrees 30 Minutes 53 Seconds West, a distance |
|
|
of 156.75 feet; |
|
|
75) North 10 Degrees 25 Minutes 12 Seconds West, a distance |
|
|
of 244.97 feet; |
|
|
76) North 00 Degrees 33 Minutes 19 Seconds East, a distance |
|
|
of 352.07 feet; |
|
|
77) North 02 Degrees 25 Minutes 41 Seconds East, a distance |
|
|
of 187.85 feet; |
|
|
78) North 03 Degrees 05 Minutes 08 Seconds East, a distance |
|
|
of 202.17 feet; |
|
|
79) North 07 Degrees 15 Minutes 30 Seconds East, a distance |
|
|
of 183.96 feet; |
|
|
80) North 09 Degrees 11 Minutes 15 Seconds East, a distance |
|
|
of 181.92 feet; |
|
|
81) North 14 Degrees 16 Minutes 58 Seconds East, a distance |
|
|
of 185.88 feet; |
|
|
82) North 19 Degrees 53 Minutes 49 Seconds East, a distance |
|
|
of 146.95 feet; |
|
|
83) North 07 Degrees 51 Minutes 38 Seconds East, a distance |
|
|
of 198.72 feet; |
|
|
84) North 14 Degrees 47 Minutes 18 Seconds East, a distance |
|
|
of 190.46 feet; |
|
|
85) North 09 Degrees 25 Minutes 46 Seconds East, a distance |
|
|
of 201.96 feet; |
|
|
86) North 23 Degrees 08 Minutes 43 Seconds East, a distance |
|
|
of 163.58 feet; |
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|
87) North 26 Degrees 59 Minutes 51 Seconds East, a distance |
|
|
of 103.85 feet; |
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|
88) North 61 Degrees 15 Minutes 09 Seconds East, a distance |
|
|
of 197.16 feet; |
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|
89) North 52 Degrees 56 Minutes 56 Seconds East, a distance |
|
|
of 175.88 feet; |
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|
90) North 50 Degrees 29 Minutes 41 Seconds East, a distance |
|
|
of 191.99 feet; |
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|
91) North 48 Degrees 50 Minutes 23 Seconds East, a distance |
|
|
of 166.90 feet; |
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|
92) North 23 Degrees 13 Minutes 09 Seconds East, a distance |
|
|
of 171.31 feet; |
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|
93) North 12 Degrees 23 Minutes 15 Seconds East, a distance |
|
|
of 208.72 feet; |
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|
94) North 04 Degrees 25 Minutes 08 Seconds West, a distance |
|
|
of 182.71 feet; |
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|
95) North 12 Degrees 31 Minutes 27 Seconds West, a distance |
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|
of 142.73 feet; |
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|
96) North 21 Degrees 11 Minutes 58 Seconds West, a distance |
|
|
of 123.87 feet; |
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|
97) North 33 Degrees 29 Minutes 34 Seconds West, a distance |
|
|
of 103.15 feet; |
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|
98) North 59 Degrees 45 Minutes 36 Seconds West, a distance |
|
|
of 174.32 feet; |
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|
99) North 46 Degrees 47 Minutes 40 Seconds West, a distance |
|
|
of 143.33 feet; |
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|
100) North 45 Degrees 52 Minutes 37 Seconds West, a distance |
|
|
of 209.78 feet; |
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|
101) North 50 Degrees 35 Minutes 13 Seconds West, a distance |
|
|
of 160.08 feet; |
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|
102) North 50 Degrees 56 Minutes 49 Seconds West, a distance |
|
|
of 194.50 feet; |
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|
103) North 51 Degrees 36 Minutes 47 Seconds West, a distance |
|
|
of 190.95 feet; |
|
|
104) North 42 Degrees 40 Minutes 45 Seconds West, at 82.74 |
|
|
feet pass the northwest corner of said 2,086.441 acre tract and the |
|
|
southwest corner of said 877.775 acre tract, and continue, a |
|
|
distance of 170.71 feet; |
|
|
105) North 34 Degrees 11 Minutes 22 Seconds West, a distance |
|
|
of 120.56 feet; |
|
|
106) North 24 Degrees 33 Minutes 24 Seconds West, a distance |
|
|
of 115.82 feet; |
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|
107) North 14 Degrees 29 Minutes 23 Seconds West, a distance |
|
|
of 106.78 feet; |
|
|
108) North 07 Degrees 36 Minutes 39 Seconds West, a distance |
|
|
of 76.06 feet to northeast corner of the herein described tract; |
|
|
THENCE, through and across said 877.775 acre tract and with |
|
|
the northerly line of the herein described tract, North 90 Degrees |
|
|
00 Minutes 00 Seconds East, a distance of 896.92 to the POINT OF |
|
|
BEGINNING and containing 735.094 acres (32,020,707 square feet) of |
|
|
land. |
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|
TRACT 2 |
|
|
All that certain 676.356 acre (29,462,071 Square Feet) parcel |
|
|
of land situated in the Joseph A. Parker Survey, Abstract Number |
|
|
418, in Montgomery County, Texas, and being out of and a portion of |
|
|
that certain call 2,086.441 acre tract of land described in a |
|
|
Warranty Deed to Pacific Indio Properties, Inc., in Clerk's File |
|
|
Number 2005-116793 of the Official Public Records of Real Property |
|
|
at Montgomery County Texas (O.P.R.R.P.M.C.T.), out of and a portion |
|
|
of that certain call 877.775 acre tract of land as described in a |
|
|
Warranty Deed to Pacific Indio Properties, Inc., in Clerk's File |
|
|
Number 2005-116796 of the O.P.R.R.P.M.C.T., and out of and a |
|
|
portion of that certain 435.784 acre tract of land described in a |
|
|
Warranty Deed to Pacific Indio Properties, Inc., in Clerk's File |
|
|
Number 2005-116798 of the O.P.R.R.P.M.C.T., said 676.356 tract |
|
|
being more particularly described by metes and bounds as follows: |
|
|
(All bearings are referenced to the Texas State Plane Coordinate |
|
|
System, South Central Zone) |
|
|
COMMENCING at a 5/8-inch iron rod with plastic cap stamped |
|
|
"BENCHMARK ENGR." found in the southerly line of said 877.775 acre |
|
|
tract for the upper northeast corner of said 2,086.441 acre tract |
|
|
and the northwest corner of said 435.784 acre tract; |
|
|
THENCE, with the southerly line of said 877.775 acre tract |
|
|
and the northerly line of said 435.784 acre tract, North 56 Degrees |
|
|
46 Minutes 11 Seconds East, a distance of 216.03 feet to the |
|
|
intersection of the northerly line of said 435.784 acre tract with |
|
|
the southeasterly line of a proposed 100 foot wide right-of-way |
|
|
(R.O.W.) for the POINT OF BEGINNING of the herein described tract; |
|
|
THENCE, with the southeasterly line of said proposed 100 foot |
|
|
wide R.O.W., the following three (3) courses: |
|
|
4) South 49 Degrees 02 Minutes 17 Seconds East, a distance |
|
|
of 2,530.65 feet to the beginning of a curve to the left; |
|
|
5) 2,871.92 feet along the arc of said curve to the left |
|
|
having a radius of 3,050.00 feet, a central angle of 53 Degrees 57 |
|
|
Minutes 02 Seconds, and a chord that bears South 76 Degrees 00 |
|
|
Minutes 47 Seconds East, a distance of 2,766.99 feet; |
|
|
6) North 77 Degrees 00 Minutes 42 Seconds East, a distance |
|
|
of 2,590.10 feet to the intersection of the southeasterly R.O.W. |
|
|
line of said proposed 100 foot wide R.O.W. with the west bank of the |
|
|
West Fork of the San Jacinto River for the northeast corner of the |
|
|
herein described tract; |
|
|
THENCE, southerly, with the meanders of the west bank of the |
|
|
west Fork of the San Jacinto River, the following thirty five (35) |
|
|
courses: |
|
|
1) South 20 Degrees 54 Minutes 34 Seconds East, a distance |
|
|
of 90.07 feet; |
|
|
2) South 15 Degrees 10 Minutes 46 Seconds East, a distance |
|
|
of 94.85 feet; |
|
|
3) South 05 Degrees 11 Minutes 27 Seconds East, a distance |
|
|
of 138.40 feet; |
|
|
4) South 13 Degrees 20 Minutes 15 Seconds East, a distance |
|
|
of 106.90 feet; |
|
|
5) South 17 Degrees 02 Minutes 24 Seconds East, a distance |
|
|
of 184.74 feet; |
|
|
6) South 18 Degrees 31 Minutes 37 Seconds East, a distance |
|
|
of 72.83 feet; |
|
|
7) South 21 Degrees 18 Minutes 30 Seconds East, a distance |
|
|
of 96.94 feet; |
|
|
8) South 20 Degrees 27 Minutes 25 Seconds East, a distance |
|
|
of 135.53 feet; |
|
|
9) South 23 Degrees 48 Minutes 02 Seconds East, a distance |
|
|
of 89.22 feet; |
|
|
10) South 31 Degrees 48 Minutes 44 Seconds East, a distance |
|
|
of 155.41 feet; |
|
|
11) South 51 Degrees 54 Minutes 43 Seconds East, a distance |
|
|
of 87.30 feet; |
|
|
12) South 49 Degrees 45 Minutes 54 Seconds East, a distance |
|
|
of 86.80 feet; |
|
|
13) South 54 Degrees 16 Minutes 12 Seconds East, a distance |
|
|
of 124.37 feet; |
|
|
14) South 70 Degrees 16 Minutes 35 Seconds East, a distance |
|
|
of 118.51 feet; |
|
|
15) South 75 Degrees 03 Minutes 39 Seconds East, a distance |
|
|
of 159.40 feet; |
|
|
16) South 65 Degrees 46 Minutes 25 Seconds East, a distance |
|
|
of 191.57 feet; |
|
|
17) South 49 Degrees 33 Minutes 59 Seconds East, a distance |
|
|
of 76.96 feet; |
|
|
18) South 46 Degrees 37 Minutes 26 Seconds East, a distance |
|
|
of 78.69 feet; |
|
|
19) South 41 Degrees 30 Minutes 29 Seconds East, a distance |
|
|
of 87.46 feet; |
|
|
20) South 38 Degrees 14 Minutes 33 Seconds East, a distance |
|
|
of 117.42 feet; |
|
|
21) South 28 Degrees 14 Minutes 23 Seconds East, a distance |
|
|
of 68.75 feet; |
|
|
22) South 25 Degrees 30 Minutes 55 Seconds East, a distance |
|
|
of 78.09 feet; |
|
|
23) South 17 Degrees 53 Minutes 26 Seconds East, a distance |
|
|
of 73.60 feet; |
|
|
24) South 02 Degrees 04 Minutes 27 Seconds East, a distance |
|
|
of 65.61 feet; |
|
|
25) South 16 Degrees 40 Minutes 41 Seconds West, a distance |
|
|
of 54.58 feet; |
|
|
26) South 24 Degrees 40 Minutes 20 Seconds West, a distance |
|
|
of 175.36 feet; |
|
|
27) South 34 Degrees 59 Minutes 05 Seconds West, a distance |
|
|
of 91.48 feet; |
|
|
28) South 41 Degrees 19 Minutes 30 Seconds West, a distance |
|
|
of 97.55 feet; |
|
|
29) South 34 Degrees 13 Minutes 57 Seconds West, a distance |
|
|
of 80.78 feet; |
|
|
30) South 40 Degrees 11 Minutes 16 Seconds West, a distance |
|
|
of 126.37 feet; |
|
|
31) South 40 Degrees 02 Minutes 09 Seconds West, a distance |
|
|
of 106.90 feet; |
|
|
32) South 38 Degrees 22 Minutes 31 Seconds West, a distance |
|
|
of 124.90 feet; |
|
|
33) South 44 Degrees 29 Minutes 56 Seconds West, a distance |
|
|
of 171.72 feet; |
|
|
34) South 38 Degrees 00 Minutes 29 Seconds West, a distance |
|
|
of 230.93 feet; |
|
|
35) South 24 Degrees 34 Minutes 53 Seconds West, a distance |
|
|
of 5.05 feet to the intersection of the west bank of the west fork of |
|
|
the San Jacinto River with a northerly line of the City of Houston |
|
|
City Limits, as prepared by the City of Houston Geographic |
|
|
Information System Office and made available to the public in |
|
|
Release 12, dated June 2006; |
|
|
THENCE, departing the meanders of the west bank of the west |
|
|
Fork of the San Jacinto River, through and across said 2,086.441 |
|
|
acre tract, and with said northerly City of Houston City Limit Line, |
|
|
the following three (3) courses: |
|
|
3) South 88 Degrees 08 Minutes 36 Seconds West, a distance |
|
|
of 1,430.41 feet to an angle point; |
|
|
4) South 87 Degrees 57 Minutes 42 Seconds West, a distance |
|
|
of 6.34 feet to an angle point; |
|
|
5) South 88 Degrees 42 Minutes 54 Seconds West, a distance |
|
|
of 5,604.84 feet to the intersection of said City of Houston City |
|
|
Limit Line with the easterly R.O.W. line of proposed Townsen Road |
|
|
(100 foot wide) for the southwest corner of the herein described |
|
|
tract; |
|
|
THENCE, continuing through and across said 2,086.441 acre |
|
|
tract and said 877.775 acre tract, respectively, and with the with |
|
|
the easterly R.O.W. line of said proposed Townsen Road, the |
|
|
following eight (8) courses; |
|
|
1) 810.33 feet along the arc of a curve to the left having a |
|
|
radius of 3,050.00 feet, a central angle of 15 Degrees 13 Minutes 21 |
|
|
Seconds, and a chord that bears North 41 Degrees 33 Minutes 46 |
|
|
Seconds West, a distance of 807.95 feet; |
|
|
2) North 49 Degrees 10 Minutes 27 Seconds West, a distance |
|
|
of 805.47 feet to the beginning of a curve to the right; |
|
|
3) 1,543.71 feet along the arc of said curve to the right |
|
|
having a radius of 1,950.00 feet, a central angle of 45 Degrees 21 |
|
|
Minutes 29 Seconds, and a chord that bears North 26 Degrees 29 |
|
|
Minutes 42 Seconds West, a distance of 1,503.72 feet; |
|
|
4) North 03 Degrees 48 Minutes 58 Seconds West, a distance |
|
|
of 458.87 feet to the beginning of a curve to the left; |
|
|
5) 1,157.93 feet along the arc of said curve to the left |
|
|
having a radius of 2,050.00 feet, a central angle of 32 Degrees 21 |
|
|
Minutes 47 Seconds, and a chord that bears North 19 Degrees 59 |
|
|
Minutes 51 Seconds West, a distance of 1,142.60 feet; |
|
|
6) North 36 Degrees 10 Minutes 45 Seconds West, a distance |
|
|
of 425.92 feet to the beginning of a curve to the right; |
|
|
7) 1,254.73 feet along the arc of said curve to the right |
|
|
having a radius of 1,950.00 feet, a central angle of 36 Degrees 52 |
|
|
Minutes 01 Second, and a chord that bears North 17 Degrees 44 |
|
|
Minutes 44 Seconds West, a distance of 1,233.19 feet; |
|
|
8) North 00 Degrees 41 Minutes 16 Seconds East, a distance |
|
|
of 200.00 feet to the intersection of easterly R.O.W. line of said |
|
|
proposed Townsen Road with the southerly R.O.W. line of a said |
|
|
proposed 100 foot wide R.O.W. for the north corner of the herein |
|
|
described tract; |
|
|
THENCE, with the southerly and southeasterly R.O.W. line of |
|
|
said proposed 100 foot wide R.O.W, the following three (3) courses: |
|
|
1) South 89 Degrees 18 Minutes 44 Seconds East, a distance |
|
|
of 116.49 feet to the beginning of a curve to the right; |
|
|
2) 2,073.61 feet along the arc of said curve to the right |
|
|
having a radius of 2,950.00 feet, a central angle of 40 Degrees 16 |
|
|
Minutes 27 Seconds, and a chord that bears South 69 Degrees 10 |
|
|
Minutes 30 Seconds East, a distance of 2,031.18 feet; |
|
|
3) South 49 Degrees 02 Minutes 17 Seconds East, a distance |
|
|
of 165.70 feet to the POINT OF BEGINNING and containing 676.356 |
|
|
acres (29,462,071 square feet) of land. |
|
|
SECTION 3. (a) The legal notice of the intention to |
|
|
introduce this Act, setting forth the general substance of this |
|
|
Act, has been published as provided by law, and the notice and a |
|
|
copy of this Act have been furnished to all persons, agencies, |
|
|
officials, or entities to which they are required to be furnished |
|
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
|
Government Code. |
|
|
(b) The governor, one of the required recipients, has |
|
|
submitted the notice and Act to the Texas Commission on |
|
|
Environmental Quality. |
|
|
(c) The Texas Commission on Environmental Quality has filed |
|
|
its recommendations relating to this Act with the governor, the |
|
|
lieutenant governor, and the speaker of the house of |
|
|
representatives within the required time. |
|
|
(d) All requirements of the constitution and laws of this |
|
|
state and the rules and procedures of the legislature with respect |
|
|
to the notice, introduction, and passage of this Act are fulfilled |
|
|
and accomplished. |
|
|
SECTION 4. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2009. |