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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 County Municipal Utility |
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District No. 201; providing authority to impose a tax and issue |
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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 8333 to read as follows: |
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CHAPTER 8333. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 201 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8333.001. 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 County Municipal |
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Utility District No. 201. |
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Sec. 8333.002. 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. 8333.003. 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. 8333.004. 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: |
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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, or improvement of |
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macadamized, graveled, or paved roads described by Section 54.234, |
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Water Code, or improvements, including storm drainage, in aid of |
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those roads. |
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Sec. 8333.005. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act creating this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act creating this chapter form a closure. A mistake made in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for the purposes |
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for which the district is created or to pay the principal of and |
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interest on a bond; |
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(3) right to impose a tax; or |
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(4) legality or operation. |
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[Sections 8333.006-8333.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8333.051. 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 8333.052, directors serve |
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staggered four-year terms. |
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Sec. 8333.052. 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 8333.003; 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 8333.003 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 8333.003; 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 8333.053-8333.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8333.101. 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. 8333.102. 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. 8333.103. AUTHORITY FOR ROAD PROJECTS. (a) Under |
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Section 52, Article III, Texas Constitution, the district may |
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design, acquire, construct, finance, issue bonds for, improve, and |
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convey to this state, a county, or a municipality for operation and |
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maintenance macadamized, graveled, or paved roads described by |
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Section 54.234, Water Code, or improvements, including storm |
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drainage, in aid of those roads. |
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(b) The district may exercise the powers provided by this |
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section without submitting a petition to or obtaining approval from |
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the Texas Commission on Environmental Quality as required by |
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Section 54.234, Water Code. |
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Sec. 8333.104. APPROVAL OF ROAD PROJECT. (a) The district |
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may not undertake a road project authorized by Section 8333.103 |
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unless: |
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(1) each municipality or county that will operate and |
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maintain the road has approved the plans and specifications of the |
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road project, if a municipality or county will operate and maintain |
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the road; or |
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(2) the Texas Transportation Commission has approved |
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the plans and specifications of the road project, if the state will |
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operate and maintain the road. |
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(b) Except as provided by Subsection (a), the district is |
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not required to obtain approval from the Texas Transportation |
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Commission to design, acquire, construct, finance, issue bonds for, |
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improve, or convey a road project. |
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Sec. 8333.105. 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 8333.103; 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 8333.106-8333.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8333.151. 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 8333.153. |
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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. 8333.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8333.151, 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. 8333.153. 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 8333.154-8333.200 reserved for expansion] |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 8333.201. 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. 8333.202. 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. 8333.203. 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 County Municipal Utility District |
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No. 201 initially includes all the territory contained in the |
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following area: |
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Being 1212.476 acres of land located in the Randolph Foster |
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League, Abstract 28, the Isaac N. Charles League, Abstract 17 and |
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the Nathan Brookshire League, Abstract 14, Fort Bend County, Texas, |
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more particularly being a portion of that certain called 672.719 |
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acre tract conveyed to NBI Properties, Inc., by instruments of |
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record in Volume 1005, Page 102, Official Public Records, of said |
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Waller County (W.C.O.P.R.) and File No. 2006149078, Official Public |
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Records, of Fort Bend County (F.B.C.O.P.R.), being a portion of |
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that certain called 477.895 acre tract conveyed to NBI Properties, |
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Inc., by instruments of record in Volume 0998, Page 753, |
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W.C.O.P.R., and File No. 2006146817, F.B.C.O.P.R., being all of |
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that certain called 316.9155 acre tract conveyed to NBI Properties, |
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Inc., by instrument of record in File No. 2006152865, F.B.C.O.P.R., |
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being all of those certain called 156.927 (described as Tract One) |
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and 228.012 (described as Tract Two) acre tracts conveyed to Hunt |
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Road & Poole Hill Farms, Inc., by instrument of record in File No. |
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2006140848, F.B.C.O.P.R., being all of that certain called 167.996 |
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acre tract conveyed to Hunt Road & Poole Hill Farms, Inc., by |
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instrument of record in File No. 2006124567, F.B.C.O.P.R., and |
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being all being all of that certain called 235.82 acre tract |
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conveyed to Hunt Road & Poole Hill Farms, Inc., by instrument of |
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record in File No. 2007106146, F.B.C.O.P.R., said 1212.476 acres |
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being more particularly described in four (4) parts by metes and |
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bounds as follows (all bearings are assumed); |
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PART ONE |
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BEGINNING at the southeast corner of said 477.895 acre tract, |
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same being the northeast corner of that certain called 173.5 acre |
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tract conveyed to North Brookshire Limited, L.P., by instruments of |
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record in Volume 1322, Page 117 and Volume 1324, Page 589, Official |
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Records, of said Fort Bend County (F.B.C.O.R.), on the westerly |
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right-of-way line of F.M. 359 (called 100 feet wide); |
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Thence, with the common line of said 477.895 and 173.5 |
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acre tracts, South 86° 14' 39" West (called South 86° 14' 39" West), |
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4424.53 feet to a point for corner, the northwest corner of said |
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173.5 acre tract, the northeast corner of said 316.9155 acre tract |
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and on the common line of said Fort Bend County and said Waller |
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County; |
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Thence, with said common county line, North 64° 45' 09" |
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East, 3822.58 feet to a point for corner on the common line of said |
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477.895 acre tract and said F.M. 359; |
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Thence, leaving said common county line and with the |
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common line of said 477.895 acre tract and F.M. 359, the following |
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three (3) courses: |
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1) South 35° 56' 20" East, 1122.72 feet to a point for |
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corner, the beginning of a curve; |
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2) 422.99 feet along the arc of a non-tangent curve to the |
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right, having a radius of 11680.86 feet, a central angle of 02° 04' |
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29" and a chord which bears South 34° 53' 15" East, 422.97 feet to a |
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point for corner; |
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3) South 33° 49' 22" East, 101.93 feet to the POINT OF |
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BEGINNING and containing 71.295 acres of land. |
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PART TWO |
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BEGINNING at the northeast corner of said 316.9155 acre |
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tract, the northwest corner of that certain called 173.5 acre tract |
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conveyed to North Brookshire Limited, L.P., by instruments of |
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record in Volume 1322, Page 117 and Volume 1324, Page 589, |
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F.B.C.O.R., on the south line of the William Cooper League, |
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Abstract 20 and on the common line of said Fort Bend County and said |
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Waller County; |
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Thence, with the east line of said 316.9155 acre tract, |
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the following six (6) courses: |
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1) South 05° 12' 16" East (called South 01° 37' 03" East), |
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840.62 feet to a point for corner; |
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2) North 89° 47' 13" East, 336.48 feet to a point for |
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corner; |
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3) South 09° 43' 53" East, 467.84 feet to a point for |
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corner; |
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4) South 07° 30' 55" East, 850.00 feet to a point for |
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corner; |
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5) South 05° 32' 28" East, 41.16 feet to a point for |
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corner; |
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6) South 05° 15' 23" East, 278.35 feet to the southeast |
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corner of said 316.9155 acre tract; |
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Thence, with the common line of said 316.9155 acre tract |
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and Pecan Hill Subdivision, an unrecorded subdivision, the |
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following four (4) courses: |
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1) South 77° 45' 11" West (called South 81° 20' 25" West), |
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724.59 feet to a point for corner; |
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2) South 78° 45' 46" West, 892.00 feet to a point for |
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corner; |
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3) South 87° 44' 44" West, 1795.20 feet to a point for |
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corner; |
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4) North 02° 30' 59" West, 806.12 feet to a point for |
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corner; |
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Thence, continuing with a south line of said 316.9155 |
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acre tract, North 02° 58' 37" West, 513.22 feet to a point for |
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corner; |
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Thence, continuing with said south line, South 87° 09' |
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42" West, 1088.25 feet to the most easterly northeast corner of said |
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672.719 acre tract; |
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Thence, with the east line of said 672.719 acre tract, |
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the following six (6) courses: |
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1) South 02° 10' 54" East (called South 02° 10' 52" East), |
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513.74 feet to a point for corner; |
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2) South 02° 13' 19" East, 288.83 feet to a point for corner, |
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the beginning of a curve; |
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3) 68.38 feet along the arc of a non-tangent curve to the |
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left, having a radius of 60.00 feet, a central angle of 65° 17' 45" |
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and a chord which bears South 55° 12' 43" West, 64.74 feet to a point |
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for corner; |
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4) South 87° 45' 09" West, 894.21 feet to a point for |
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corner; |
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5) North 03° 34' 22" West, 50.00 feet to a point for |
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corner; |
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6) South 87° 26' 22" West, 281.31 feet to a point for corner |
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on the centerline of Bessies Creek; |
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Thence, with the centerline of said Bessies Creek, the |
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following three (3) courses: |
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1) North 63° 45' 04" West, 311.20 feet to a point for corner; |
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2) North 72° 10' 05" West, 677.66 feet to a point for |
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corner; |
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3) North 60° 36' 40" West, 445.96 feet to a point for corner |
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on the common survey line of said Nathan Brookshire League, |
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Abstract 14 (Fort Bend County) and the Randolph Foster League, |
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Abstract 27 (Waller County) and on the common line of said Fort Bend |
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County and said Waller County; |
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Thence, with said common survey line and said common |
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county line, North 03° 52' 13" West, 1603.64 feet to a point for |
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corner, the common north corner of said 316.9155 and said 672.719 |
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acre tracts, on the south line of the aforementioned 477.895 acre |
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tract and on the common line of said Nathan Brookshire League, |
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Abstract 14 (Fort Bend County) and the William Cooper League, |
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Abstract 20 (Waller County); |
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Thence, continuing with said common county line, and |
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said common survey line, and the common line of said 316.9155 and |
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477.895 acre tracts, the following three (3) courses: |
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1) North 87° 38' 07" East, 1788.08 feet to a point for |
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corner; |
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2) North 87° 38' 07" East, 1191.63 feet to a point for |
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corner; |
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3) North 87° 42' 18" East, 3540.08 feet to the POINT OF |
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BEGINNING and containing 354.310 acres of land. |
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PART THREE |
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BEGINNING at the northeast corner of the aforementioned |
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167.996 acre tract, same being on the south line of that certain |
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called 9.2199 acre tract conveyed to Thomas D. Snader, et ux, by |
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instrument of record in File No. 9612689, F.B.C.O.P.R., and on the |
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west right-of-way line of Pool Hill Road; |
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Thence, with the common line of said 167.996 acre tract |
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and said Pool Hill Road, South 01° 15' 01" East (called South 01° 15' |
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01" East), 1121.50 feet to the southeast corner of said 167.996 acre |
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tract, same being on the north right-of-way line of Hunt Road; |
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Thence, with the south lines of said 167.996 acre tract |
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and the aforementioned 228.012 acre tract and the north line of said |
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Hunt Road, the following five (5) courses: |
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1) North 67° 08' 57" West, 481.38 feet to a point for corner; |
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2) South 88° 44' 54" West, 1206.64 feet to a point for |
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corner; |
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3) South 88° 35' 09" West, 3373.73 feet to a point for |
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corner; |
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4) South 88° 37' 31" West, 1554.55 feet to a point for |
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corner; |
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5) South 88° 42' 59" West, 1068.05 feet to a point for corner |
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on the centerline of Bessies Creek; |
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Thence, with the centerline meanders of said Bessies |
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Creek, the following five (5) courses: |
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1) North 04° 24' 25" East, 500.20 feet to a point for corner; |
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2) North 17° 02' 57" West, 483.52 feet to a point for |
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corner; |
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3) North 49° 34' 26" West, 1093.06 feet to a point for |
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corner; |
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4) North 01° 41' 05" West, 209.65 feet to a point for |
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corner; |
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5) North 21° 10' 25" East, 193.50 feet to a point for corner |
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on the common line of said Fort Bend County and said Waller County; |
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Thence, with said common county line, North 87° 55' 15" |
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East, 293.26 feet to a point for corner on the west line of the |
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aforementioned Isaac N. Charles League and a reentrant corner of |
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said county line; |
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Thence, with the common line of said Randolph Foster |
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League, Abstract 27 (Waller County) and said Isaac N. Charles |
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Leagues and continuing with said common county line, North 02° 07' |
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05" West, 201.15 feet to a point for corner on the centerline of |
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said Bessies Creek; |
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Thence, leaving said common survey line and said common |
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county and with the centerline meanders of Bessies Creek, the |
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following three (3) courses: |
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1) North 64° 39' 53" East, 707.60 feet to a point for corner; |
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2) North 56° 39' 01" East, 550.92 feet to a point for |
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corner; |
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3) North 34° 38' 27" East, 435.63 feet to a point for corner |
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on the north line of said 228.012 acre tract, same being on the |
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common line of said Isaac N. Charles League and the aforementioned |
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Nathan Brookshire League, Abstract 14 (Fort Bend County); |
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Thence, with the north line of said 228.012 and 167.966 |
|
acre tracts and said common survey line, the following three (3) |
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courses: |
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1) North 88° 36' 23" East (called North 88° 36' 23" East), |
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2740.39 feet to a point for corner; |
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2) North 88° 38' 43" East, 391.42 feet to a point for |
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corner; |
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3) North 88° 34' 09" East, 234.57 feet to the most northerly |
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northeast corner of said 167.966 acre tract; |
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Thence, leaving said common survey line and with an east |
|
line of said 167.996 acre tract, the following five (5) courses: |
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1) South 00° 16' 33" East, 180.00 feet to a point for corner; |
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2) South 00° 43' 08" East, 334.17 feet to a point for |
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corner; |
|
3) South 01° 40' 45" East, 641.05 feet to a point for |
|
corner; |
|
4) South 02° 00' 21" East, 192.72 feet to a point for |
|
corner; |
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5) South 01° 10' 30" East, 987.32 feet to a reentrant corner |
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of said 167.996 acre tract; |
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Thence, with a north line of said 167.996 acre tract, |
|
the following four (4) courses: |
|
1) North 88° 25' 10" East, 1015.89 feet to a point for |
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corner; |
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2) North 87° 39' 34" East, 395.22 feet to a point for |
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corner; |
|
3) North 87° 30' 41" East, 841.03 feet to a point for |
|
corner; |
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4) North 87° 59' 27" East, 1192.62 feet to the POINT OF |
|
BEGINNING and containing 394.123 acres of land. |
|
PART FOUR |
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BEGINNING at the northeast corner of the aforementioned |
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235.82 acre tract, same being the southeast corner of the |
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aforementioned 156.927 acre tract and on the west right-of-way line |
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of said Pool Hill Road: |
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Thence, with the common line of said 235.82 acre tract |
|
and said Pool Hill Road, South 01° 46' 06" East (called South 01° 51' |
|
06" East), 837.49 feet to the most easterly south east corner of |
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said 235.82 acre tract; |
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Thence, with the south line of said 235.82 acre tract, |
|
South 85° 12' 35" West, 2933.05 feet to a reentrant corner of said |
|
235.82 acre tract; |
|
Thence, South 03° 43' 41" East, 1040.32 feet to the most |
|
southerly southeast corner of said 235.82 acre tract and on the |
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common line of said Isaac N. Charles League and the Noel F. Roberts |
|
Survey, Abstract 79; |
|
Thence, with the south line of said 235.82 acre tract and said |
|
common survey line, South 88° 35' 35" West, 3697.60 feet to the |
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southwest corner of said 235.82 acre tract, same being on the east |
|
right-of-way line of Hunt Lane; |
|
Thence, leaving said common survey line and with the |
|
common line of said 235.82 acre tract and said Hunt Lane, North 02° |
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09' 17" West, 825.45 feet to a point for corner; |
|
Thence, with the west line of said 235.82 acre tract, |
|
the following three (3) courses; |
|
1) North 85° 14' 09" East, 415.86 feet to a point for corner; |
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2) North 02° 22' 29" West, 419.90 feet to a point for |
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corner; |
|
3) South 87° 44' 26" West, 414.27 feet to a point for corner |
|
on the east line of said Hunt Lane; |
|
Thence, with the common line of said 235.82 acre tract |
|
and said Hunt lane, North 02° 12' 21" West, 848.23 feet to the common |
|
west corner of said 235.82 and 156.927 acre tracts; |
|
Thence, with the common line of said 156.927 acre tract |
|
and said Hunt Lane, North 02° 13' 51" West (called North 02° 12' 35" |
|
West), 1016.80 feet to the northwest corner of said 156.927 acre |
|
tract and on the south right-of-way line of the aforementioned Hunt |
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Road; |
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Thence, with the common line of said 156.927 acre tract |
|
and said Hunt Road, the following three (3) courses: |
|
1) North 88° 40' 10" East, 6067.64 feet to a point for |
|
corner; |
|
2) South 84° 45' 30" East, 63.21 feet to a point for |
|
corner; |
|
3) South 67° 24' 16" East, 523.06 feet to the northeast |
|
corner of said 156.927 acre tract and on the west line of the |
|
aforementioned Pool Hill Road; |
|
Thence, with the common line of said 156.927 acre tract |
|
and said Pool Hill Road, South 02° 18' 03" East, 850.14 feet to the |
|
POINT OF BEGINNING and containing 392.748 acres of land. |
|
Said Part One, Part Two, Part Three and Part Four |
|
containing a total of 1212.476 acres 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. |