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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 Fort Bend-Waller Counties Municipal |
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Utility District No. 2; 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 F, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 8329 to read as follows: |
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CHAPTER 8329. FORT BEND-WALLER COUNTIES MUNICIPAL UTILITY |
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DISTRICT NO. 2 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8329.001. 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 Fort Bend-Waller Counties |
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Municipal Utility District No. 2. |
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Sec. 8329.002. NATURE OF DISTRICT. The district is a |
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municipal utility district created under Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 8329.003. 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. 8329.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 8329.003 |
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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. 8329.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. |
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(a) 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: |
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(1) a municipal utility district as provided by |
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general law and Section 59, Article XVI, Texas Constitution; and |
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(2) Section 52, Article III, Texas Constitution, that |
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relate to the construction, acquisition, improvement, operation, |
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or maintenance of macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 8329.006. 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 8329.007-8329.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8329.051. 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 8329.052, directors serve |
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staggered four-year terms. |
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Sec. 8329.052. 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 8329.003; 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 8329.003 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 8329.003; 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 commission requesting that the |
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commission appoint as successor temporary directors the five |
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persons named in the petition. The commission shall appoint as |
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successor temporary directors the five persons named in the |
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petition. |
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[Sections 8329.053-8329.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8329.101. 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. 8329.102. MUNICIPAL UTILITY DISTRICT POWERS AND |
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DUTIES. The district has the powers and duties provided by the |
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general law of this state, including Chapters 49 and 54, Water Code, |
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applicable to municipal utility districts created under Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 8329.103. AUTHORITY FOR ROAD PROJECTS. Under Section |
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52, Article III, Texas Constitution, the district may design, |
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acquire, construct, finance, issue bonds for, improve, operate, |
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maintain, and convey to this state, a county, or a municipality for |
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operation and maintenance macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 8329.104. ROAD STANDARDS AND REQUIREMENTS. (a) A |
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road project must meet all applicable construction standards, |
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zoning and subdivision requirements, and regulations of each |
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municipality in whose corporate limits or extraterritorial |
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jurisdiction the road project is located. |
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(b) If a road project is not located in the corporate limits |
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or extraterritorial jurisdiction of a municipality, the road |
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project must meet all applicable construction standards, zoning and |
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subdivision requirements, and regulations of each county in which |
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the road project is located. |
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(c) If the state will maintain and operate the road, the |
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Texas Transportation Commission must approve the plans and |
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specifications of the road project. |
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Sec. 8329.105. 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 54.016 or 54.0165, Water Code, and that consents to the |
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creation of the district or to the inclusion of land in the |
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district. |
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Sec. 8329.106. 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: |
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(1) a road project authorized by Section 8329.103; or |
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(2) a recreational facility as defined by Section |
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49.462, Water Code. |
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[Sections 8329.107-8329.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8329.151. ELECTIONS REGARDING TAXES OR BONDS. |
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(a) The district may issue, without an election, bonds and other |
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obligations secured by: |
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(1) revenue other than ad valorem taxes; or |
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(2) contract payments described by Section 8329.153. |
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(b) The district must hold an election in the manner |
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provided by Chapters 49 and 54, Water Code, to obtain voter approval |
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before the district may impose an ad valorem tax or issue bonds |
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payable from ad valorem taxes. |
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(c) The district may not issue bonds payable from ad valorem |
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taxes to finance a road project unless the issuance is approved by a |
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vote of a two-thirds majority of the district voters voting at an |
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election held for that purpose. |
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Sec. 8329.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8329.151, 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. 8329.153. 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 8329.154-8329.200 reserved for expansion] |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 8329.201. 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. 8329.202. 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 Sections 54.601 and 54.602, Water Code. |
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Sec. 8329.203. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of bonds or other obligations |
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issued or incurred to finance road projects and payable from ad |
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valorem taxes may not exceed one-fourth of the assessed value of the |
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real property in the district. |
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SECTION 2. The Fort Bend-Waller Counties Municipal Utility |
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District No. 2 initially includes all the territory contained in |
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the following area: |
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FIELD NOTES FOR A 472.573 ACRE TRACT OF LAND IN THE THOMAS |
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CRESOP SURVEY, ABSTRACT 405, WALLER COUNTY, TEXAS, ABSTRACT 369, |
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FORT BEND COUNTY, TEXAS, AND THE P. M. CUNY SURVEY, ABSTRACT 355, |
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WALLER COUNTY, TEXAS, THE ROBERT T. VAN SLYKE SURVEY, ABSTRACT 395, |
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WALLER COUNTY, TEXAS, AND THE W. W. BAINS SURVEY, ABSTRACT 385, |
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WALLER COUNTY, TEXAS, SAID 472.573 ACRE TRACT BEING COMPRISED OF |
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THAT CERTAIN CALLED 137.322 ACRE TRACT RECORDED IN VOLUME 1131, |
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PAGE 26, OFFICIAL RECORDS, WALLER COUNTY, TEXAS, THAT CERTAIN |
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CALLED 54.00 ACRE TRACT RECORDED IN VOLUME 1130, PAGE 776, OFFICIAL |
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RECORDS, WALLER COUNTY, TEXAS, THAT CERTAIN CALLED 136.8 ACRE TRACT |
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(TRACT ONE) AND THAT CERTAIN CALLED 135.5 ACRE TRACT (TRACT TWO) |
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RECORDED UNDER COUNTY CLERK'S FILE NUMBER 2008102246, OFFICIAL |
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PUBLIC RECORD, FORT BEND COUNTY, TEXAS, THAT CERTAIN CALLED 8.429 |
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ACRE TRACT RECORDED IN VOLUME 0727, PAGE 840, OFFICIAL RECORDS, |
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WALLER COUNTY, TEXAS, AND THAT CERTAIN CALLED 0.506 ACRE TRACT |
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RECORDED UNDER COUNTY CLERK'S FILE NUMBER 2002053393, OFFICIAL |
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PUBLIC RECORDS, FORT BEND COUNTY, TEXAS, WITH ALL BEARINGS BASED |
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UPON THE TEXAS COORDINATE SYSTEM, SOUTH CENTRAL ZONE, NAD83, BASED |
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UPON GPS OBSERVATIONS OF NGS TRIANGULATION STATION "BROOKSHIRE". |
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BEGINNING at a ¾ inch iron rod found at the intersection of |
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the south right-of-way line U. S. Highway 90 (100-feet wide) with |
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the east line of a 40-foot wide private road (marked Alt Lane) for |
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the northwest corner of said called 137.322 acre tract, and the most |
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westerly northwest corner and Place of Beginning of the herein |
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described tract, said point bears North 88 degrees 21 minutes 47 |
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seconds East, 39.90 feet from a 5/8 inch iron rod with cap marked |
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"Tri-Tech"; |
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THENCE North 88 degrees 44 minutes 46 seconds East along the |
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north line of the herein described tract and the north line of said |
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called 137.322 acre tract, same being the south right-of-way line |
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U. S. Highway 90, 2,037.44 feet to a 5/8 inch iron rod with cap |
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marked "3438" found for the northeast corner of the herein |
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described tract, same being the northwest corner of an adjoining |
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called 0.0971 acre tract described in deed recorded in Volume 0966, |
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Page 132, Official Records, Waller County, Texas; |
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THENCE South 04 degrees 55 minutes 35 seconds East along the |
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east line of the herein described tract, same being the west line of |
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said adjoining called 0.0971 acre tract, 411.10 feet to a ¾ inch |
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iron pipe found for a reentry corner to the herein described tract, |
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same being the south corner of said adjoining called 0.0971 acre |
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tract, the southwest corner of an adjoining called 5.00 acre tract |
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described in deed recorded in Volume 0595, Page 540, Official |
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Records, Waller County, Texas, and the northwest corner of the |
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aforementioned called 54.00 acre tract, said point also being a |
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reentry corner of said W. W. Bains Survey, Abstract 385, same being |
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the upper northwest corner of the Robert T. Van Slyke Survey, |
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Abstract 395, and an angle point in the east line of said called |
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137.322 acre tract; |
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THENCE North 88 degrees 17 minutes 20 seconds East along a |
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north line of the herein described tract, the north line of said |
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called 54.00 acre tract, the north line of said Robert T. Van Slyke |
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Survey, Abstract 395, and the north line of said Thomas Cresop |
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Survey, Abstract 405, same being the south line of said W. W. Bains |
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Survey, Abstract 385, and the south line of said adjoining called |
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5.00 acre tract, 533.04 feet to a ¾ inch iron rod found for an angle |
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point in the north line of the herein described tract, being the |
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southeast corner of said adjoining called 5.00 acre tract, same |
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being the southwest corner of an adjoining called 1.417 acre tract |
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described in Volume 0609, Page 784, Official Records, Waller |
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County, Texas; |
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THENCE North 88 degrees 07 minutes 31seconds East along a |
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north line of the herein described tract, the north line of said |
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called 54.00 acre tract, and the north line of said Thomas Cresop |
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Survey, Abstract 405, same being the south line of said W. W. Bains |
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Survey, Abstract 385, same being the south line of said adjoining |
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called 1.417 acre tract, the south line of an adjoining called 2.0 |
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acre tract recorded in Volume 0562, Page 757, Official Records, |
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Waller County, Texas, and the south line of an adjoining called 1.0 |
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acre tract (Tract 2) and an adjoining called 1.0 acre tract (Tract |
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1) recorded in Volume 0519, Page 703, Official Records, Waller |
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County, Texas, at 152.37 feet pass a ¾ inch iron pipe found on said |
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line for the southeast corner of said adjoining called 1.417 acre |
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tract, same being the southwest corner of said adjoining called 2.0 |
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acre tract, at 410.73 feet pass a ½ inch iron pipe with cap marked |
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"Kalkomey Surveying" found for the northeast corner of said called |
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54.00 acre tract, same being the lower northwest corner of said |
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called 136.8 acre tract, and continuing for a total distance of |
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586.81 feet to a railroad iron found for a reentry corner to the |
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herein described tract and a reentry corner to said called 136.8 |
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acre tract, being the southeast corner of said adjoining called 1.0 |
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acre tract (Tract 1), and the upper southeast corner of said W. W. |
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Bains Survey, Abstract 385, same being the southwest corner of the |
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aforementioned P. M. Cuny Survey, Abstract 355, said point also |
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being in the west right-of-way line of Apache Road (60-feet wide); |
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THENCE North 02 degrees 06 minutes 10 seconds West along the |
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upper west line of the herein described tract, the upper west line |
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of said called 136.8 acre tract, and the west line of said P. M. Cuny |
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Survey, Abstract 355, same being the east line of said adjoining |
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called 1.0 acre tract (Tract 1), and the upper east line of said W. |
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W. Bains Survey, Abstract 385, 399.97 feet to a ½ inch iron pipe |
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with cap marked "Kalkomey Surveying" found for a northwest corner |
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of the herein described tract, and a northwest corner of said called |
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136.8 acre tract, same being the northeast corner of said adjoining |
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called 1.0 acre tract (Tract 1), said point also being in the south |
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right-of-way line of U. S. Highway 90 (100-feet wide); |
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THENCE North 88 degrees 43 minutes 13 seconds East along the |
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upper north line of the herein described tract and the north line of |
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said called 136.8 acre tract, same being the south right-of-way |
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line of U. S. Highway 90, 60.00 feet to a 1-inch iron pipe found for |
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the most westerly northeast corner of the herein described tract |
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and the upper northeast corner of said called 136.8 acre tract, same |
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being the upper northwest corner of the adjoining Katy West |
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Business Park, according to map or plat thereof recorded in Volume |
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348, Page 221, Deed Records, Waller County, Texas; |
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THENCE South 02 degrees 06 minutes 10 seconds East along the |
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common line of the herein described tract and said adjoining Katy |
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West Business Park, being the east right-of-way line of Apache |
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Road, 395.44 feet to a ½ inch iron pipe found for angle point; |
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THENCE South 09 degrees 00 minutes 01 second East continuing |
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along said common line, 56.44 feet to a ½ inch iron pipe found for |
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corner, said point being the upper southeast corner of said called |
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136.8 acre tract, same being a reentry corner to said adjoining Katy |
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West Business Park; |
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THENCE South 80 degrees 59 minutes 59 seconds West continuing |
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along said common line, departing said east right-of-way line of |
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Apache Road, 60.00 feet to a ½ inch iron pipe found for a reentry |
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corner to the herein described tract and a reentry corner to said |
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called 136.8 acre tract, being the lower northwest corner of said |
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adjoining Katy West Business Park, and being in the west |
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right-of-way line of Apache Road; |
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THENCE South 09 degrees 00 minutes 01 second East continuing |
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along said common line, 1,124.04 feet to a 5/8 inch iron rod found |
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for a reentry corner to the herein described tract and a reentry |
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corner to said called 136.8 acre tract, same being the southwest |
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corner of said adjoining Katy West Business Park, and being at the |
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intersection of the west right-of-way line of Apache Road with the |
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south right-of-way line of Comanche Road (60-feet wide); |
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THENCE North 88 degrees 03 minutes 14 seconds East continuing |
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along said common line, 1,060.64 feet to a ¾ inch iron rod found |
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for a reentry corner to the herein described tract and a reentry |
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corner to said called 136.8 acre tract, same being the southeast |
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corner of said adjoining Katy West Business Park; |
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THENCE North 01 degree 56 minutes 47 seconds West continuing |
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along said common line, 1,561.00 feet to a ¾ inch iron pipe found |
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for the most easterly northwest corner of the herein described |
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tract and a northwest corner of said called 136.8 acre tract, same |
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being the northeast corner of said adjoining Katy West Business |
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Park, and being in the south right-of-way line of U. S. Highway 90; |
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THENCE North 88 degrees 42 minutes 48 seconds East along the |
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most easterly north line of the herein described tract, and the |
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north line of said called 136.8 acre tract, same being the south |
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right-of-way line of U. S. Highway 90, 1,828.82 feet to a ½ inch |
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iron rod with cap marked "RPLS 2085" found for the most easterly |
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northeast corner of the herein described tract and the most |
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easterly northeast corner of said called 136.8 acre tract, same |
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being the northwest corner of an adjoining called 1.924 acre tract |
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recorded in Volume 0727, Page 844, Official Records, Waller County, |
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Texas; |
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THENCE South 01 degree 12 minutes 15 seconds East along the |
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common line of the herein described tract and said adjoining called |
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1.924 acre tract, 183.46 feet to a ½ inch iron rod with cap marked |
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"RPLS 2085" found for corner; |
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THENCE South 62 degrees 41 minutes 42 seconds East continuing |
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along said common line, 383.31 feet to a ½ inch iron rod with cap |
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marked "RPLS 2085" found for a reentry corner to the herein |
|
described tract, being the south corner of said adjoining called |
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1.924 acre tract, and east corner of said called 136.8 acre tract, |
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and being in the northwest line of the aforementioned called 8.429 |
|
acre tract, said point being in a curve to the left; |
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THENCE along said curve to the left having a central angle of |
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10 degrees 56 minutes 03 seconds, a radius of 940.00 feet, an arc |
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length of 179.39 feet, and a chord bearing North 15 degrees 16 |
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minutes 58 seconds East, 179.11 feet to a point in the centerline of |
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Snake Creek for corner, being the east corner of said adjoining |
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called 1.924 acre tract, and being in the southwest line of an |
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adjoining called 5.6687 acre tract recorded in Volume 478, Page |
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631, Deed Records, Waller County, Texas; |
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THENCE along the centerline of Snake Creek, being the |
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northeast line of the herein described tract, the northeast line of |
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said called 8.426 acre tract, and the northeast line of the |
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aforementioned called 135.5 acre tract, same being the southwest |
|
line of said adjoining called 5.6687 acre tract, the southwest line |
|
of an adjoining called 1.6327 acre tract described in deed recorded |
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in Volume 0785, Page 649, Official Records, Waller County, Texas, |
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the southwest line of an adjoining called 3.673 acre tract |
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described in deed recorded in Volume 0519, Page 75, Official |
|
Records, Waller County, Texas, and the southwest line of an |
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adjoining called 24.356 acre tract recorded in Volume 0970, Page |
|
131, Official Records, Waller County, Texas, with the following |
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meanders: |
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South 55 degrees 05 minutes 56 seconds East, 131.02 |
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feet; |
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South 54 degrees 20 minutes 06 seconds East, 550.23 feet |
|
South 64 degrees 50 minutes 22 seconds East, 329.51 feet |
|
South 55 degrees 03 minutes 33 seconds East, 61.69 feet |
|
South 45 degrees 08 minutes 57 seconds East, 128.52 feet |
|
South 46 degrees 52 minutes 01 second East, 1,243.02 |
|
feet |
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South 49 degrees 37 minutes 43 seconds East, 273.13 feet |
|
to a point in the centerline of Snake Creek for the lower northeast |
|
corner of the herein described tract and the northeast corner of |
|
said called 135.5 acre tract, same being the southeast corner of |
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said adjoining called 24.356 acre tract, the southwest corner of an |
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adjoining called 1.035 acre tract recorded in Volume 251, Page 228, |
|
Deed Records, Waller County, Texas, and the lower northwest corner |
|
of the adjoining residue of a called 5.418 acre tract recorded in |
|
Volume 218, Page 223, Volume 219, Page 327, and Volume 219, Page |
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241, Deed Records, Waller County, Texas, and Volume 539, Page 471, |
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Deed Records, Fort Bend County, Texas, from which point a found ½ |
|
inch iron pipe with cap marked "Kalkomey Surveying" bears North 01 |
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degree 44 minutes 58 seconds West, 49.62 feet; |
|
THENCE South 01 degree 45 minutes 28 seconds East along the |
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upper east line of the herein described tract and the east line of |
|
said called 135.5 acre tract, same being the west line of said |
|
adjoining residue of a called 5.418 acre tract, at 589.52 feet pass |
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a ½ inch iron rod found on said line, and continuing for a total |
|
distance of 629.50 feet to a ½ inch iron rod found for the upper |
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southeast corner of the herein described tract and the upper |
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southeast corner of said called 135.5 acre tract, same being the |
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southwest corner of said adjoining residue of a called 5.418 acre |
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tract, the northwest corner of an adjoining called 3.204 acre tract |
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recorded in Volume 522, Page 647, Deed Records, Fort Bend County, |
|
Texas, and the northeast corner of an adjoining called 1.2086 acre |
|
tract recorded under County Clerk's File Number 2005006745, |
|
Official Public Records, Fort Bend County, Texas; |
|
THENCE South 88 degrees 04 minutes 25 seconds West along the |
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upper south line of the herein described tract and the upper south |
|
line of said called 135.5 acre tract, same being the north line of |
|
said adjoining called 1.2086 acre tract, at 119.83 feet pass a 1-¼ |
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inch iron pipe found on said line for the northwest corner of said |
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adjoining called 1.2086 acre tract, same being the northeast corner |
|
of an adjoining called 5.07 acre tract recorded under County |
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Clerk's File Number 2002092170, Official Public Records, Fort Bend |
|
County, Texas, and continuing for a total distance of 775.68 feet to |
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a 1-¼ inch iron pipe found on said line for a reentry corner to the |
|
herein described tract and a reentry corner to said called 135.5 |
|
acre tract, same being the northwest corner of said adjoining |
|
called 5.07 acre tract; |
|
THENCE South 01 degree 43 minutes 48 seconds East along the |
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lower east line of the herein described tract and the lower east |
|
line of said called 135.5 acre tract, same being the west line of |
|
said adjoining called 5.07 acre tract, 338.08 feet to a 1-inch iron |
|
pipe found on said line at its intersection with the north |
|
right-of-way line of Interstate Highway 10 (320-feet wide), for the |
|
lower southeast corner of the herein described tract and the lower |
|
southeast corner of said called 135.5 acre tract, same being the |
|
southwest corner of said adjoining called 5.07 acre tract; |
|
THENCE South 88 degrees 14 minutes 06 seconds West along the |
|
south line of the herein described tract and the south line of said |
|
called 135.5 acre tract, being the north right-of-way line of |
|
Interstate Highway 10, 103.78 feet to a concrete monument found on |
|
said line for angle point; |
|
THENCE South 87 degrees 19 minutes 06 seconds West continuing |
|
along said line, 2,169.25 feet to a concrete monument found on said |
|
line at the beginning of a curve to the right; |
|
THENCE along said curve to the right, being the south line of |
|
the herein described tract, the south line of said called 135.5 acre |
|
tract, the south line of the aforementioned called 0.506 acre |
|
tract, the south line of the aforementioned called 8.429 acre |
|
tract, and the south line of the aforementioned called 136.8 acre |
|
tract, being the north right-of-way line of Interstate Highway 10, |
|
having a central angle of 04 degrees 36 minutes 42 seconds, a radius |
|
of 11,299.16 feet, an arc length of 909.48 feet, and a chord bearing |
|
South 89 degrees 39 minutes 23 seconds West, 909.24 feet to a |
|
concrete monument found at the end of said curve; |
|
THENCE North 88 degrees 02 minutes 16 seconds West continuing |
|
along the south line of the herein described tract and the south |
|
line of said called 136.8 acre tract, being the north right-of-way |
|
line of Interstate Highway 10, 304.68 feet to a ¾ inch iron pipe |
|
found on said line for angle point; |
|
THENCE North 88 degrees 04 minutes 11 seconds West along the |
|
south line of the herein described tract and the south line of said |
|
called 136.8 acre tract, being the north right-of-way line of |
|
Interstate Highway 10, 325.07 feet to a ½ inch iron pipe with cap |
|
marked "Kalkomey Surveying" found on said line at the beginning of a |
|
curve to the left, from which point a found concrete monument bears |
|
South 56 degrees 15 minutes 06 seconds East, 0.36 feet; |
|
THENCE along said curve to the left having a central angle of |
|
03 degrees 38 minutes 39 seconds, a radius of 11,619.16 feet, an arc |
|
length of 739.01 feet, and a chord bearing North 89 degrees 53 |
|
minutes 30 seconds West, 738.89 feet to a concrete monument found at |
|
the end of said curve; |
|
THENCE South 88 degrees 17 minutes 10 seconds West continuing |
|
along the south line of the herein described tract and the south |
|
line of said called 136.8 acre tract, being the north right-of-way |
|
line of Interstate Highway 10, at 319.40 feet pass a ½ inch iron |
|
pipe with cap marked "Kalkomey Surveying" found on said line for the |
|
southeast corner of the aforementioned called 54.00 acre tract, and |
|
continuing for a total distance of 1,263.18 feet to a ½ inch iron |
|
rod found for angle point, said point being the southeast corner of |
|
the aforementioned called 137.322 acre tract, same being the |
|
southwest corner of said called 54.00 acre tract, and being in the |
|
west line of the aforementioned Robert T. Van Slyke Survey, |
|
Abstract 407, same being the east line of the aforementioned W. W. |
|
Bains Survey, Abstract 385; |
|
THENCE South 88 degrees 17 minutes 40 seconds West along the |
|
south line of the herein described tract and the south line of said |
|
called 137.322 acre tract, same being the north right-of-way line |
|
of Interstate Highway 10, 2,054.95 feet to a ½ inch iron rod found |
|
for the southwest corner of the herein described tract and the |
|
southwest corner of said called 137.322 acre tract, same being the |
|
southeast corner of an adjoining called 2.4915 acre tract recorded |
|
in Volume 0854, Page 039, Official Records, Waller County, Texas, |
|
described in Volume 424, Page 435, Deed Records, Waller County, |
|
Texas, from which point a found 1-¼ inch iron pipe bears South 82 |
|
degrees 00 minutes 55 seconds West, 10.60 feet; |
|
THENCE North 02 degrees 01 minute 18 seconds West along the |
|
west line of the herein described tract and the west line of said |
|
called 137.322 acre tract, same being the east line of said |
|
adjoining called 2.4915 acre tract, and along the east line of the |
|
aforementioned adjoining 40-foot wide private road (marked Alt |
|
Lane), at 119.02 feet (adjoiner called 120.13 feet) pass a 5/8 inch |
|
iron rod found 0.23 feet right of said line, and continuing for a |
|
total distance of 2,918.57 feet to the Place of Beginning and |
|
containing 472.573 acres of land, more or less, with 95.187 acres |
|
within Fort Bend County, Texas, and 377.386 acres within Waller |
|
County, Texas. |
|
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. |