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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of Waller Town Center Management District; |
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providing authority to impose an assessment, impose a tax, and |
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issue bonds; and 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 C, Title 4, Special District Local Laws |
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Code, is amended by adding Chapter 3877 to read as follows: |
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CHAPTER 3877. WALLER TOWN CENTER MANAGEMENT DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 3877.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Director" means a board member. |
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(3) "District" means the Waller Town Center Management |
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District. |
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Sec. 3877.002. NATURE OF DISTRICT. The Waller Town Center |
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Management District is a special district created under Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 3877.003. PURPOSE; DECLARATION OF INTENT. (a) The |
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creation of the district is essential to accomplish the purposes of |
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Sections 52 and 52-a, Article III, and Section 59, Article XVI, |
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Texas Constitution, and other public purposes stated in this |
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chapter. By creating the district and in authorizing the City of |
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Waller, Harris County, and other political subdivisions to contract |
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with the district, the legislature has established a program to |
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accomplish the public purposes set out in Section 52-a, Article |
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III, Texas Constitution. |
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(b) The creation of the district is necessary to promote, |
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develop, encourage, and maintain employment, commerce, |
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transportation, housing, tourism, recreation, the arts, |
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entertainment, economic development, safety, and the public |
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welfare in the district. |
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(c) This chapter and the creation of the district may not be |
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interpreted to relieve Harris County from providing the level of |
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services provided, as of the effective date of the Act enacting this |
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chapter, to the area in the district. The district is created to |
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supplement and not to supplant the county services provided in the |
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area in the district. |
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Sec. 3877.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
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The district is created to serve a public use and benefit. |
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(b) All land and other property included in the district |
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will benefit from the improvements and services to be provided by |
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the district under powers conferred by Sections 52 and 52-a, |
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Article III, and Section 59, Article XVI, Texas Constitution, and |
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other powers granted under this chapter. |
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(c) The creation of the district is in the public interest |
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and is essential to: |
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(1) further the public purposes of developing and |
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diversifying the economy of the state; |
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(2) eliminate unemployment and underemployment; and |
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(3) develop or expand transportation and commerce. |
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(d) The district will: |
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(1) promote the health, safety, and general welfare of |
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residents, employers, potential employees, employees, visitors, |
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and consumers in the district, and of the public; |
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(2) provide needed funding for the district to |
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preserve, maintain, and enhance the economic health and vitality of |
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the district territory as a community and business center; |
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(3) promote the health, safety, welfare, and enjoyment |
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of the public by providing pedestrian ways and by landscaping and |
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developing certain areas in the district, which are necessary for |
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the restoration, preservation, and enhancement of scenic beauty; |
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and |
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(4) provide for water, wastewater, drainage, road, and |
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recreational facilities for the district. |
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(e) Pedestrian ways along or across a street, whether at |
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grade or above or below the surface, and street lighting, street |
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landscaping, parking, and street art objects are parts of and |
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necessary components of a street and are considered to be a street |
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or road improvement. |
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(f) The district will not act as the agent or |
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instrumentality of any private interest even though the district |
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will benefit many private interests as well as the public. |
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Sec. 3877.005. 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 enacting this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act enacting this chapter form a closure. A mistake in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for 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 the bond; |
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(3) right to impose or collect an assessment or tax; or |
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(4) legality or operation. |
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Sec. 3877.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. |
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All or any part of the area of the district is eligible to be |
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included in: |
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(1) a tax increment reinvestment zone created under |
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Chapter 311, Tax Code; |
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(2) a tax abatement reinvestment zone created under |
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Chapter 312, Tax Code; or |
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(3) an enterprise zone created under Chapter 2303, |
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Government Code. |
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Sec. 3877.007. APPLICABILITY OF MUNICIPAL MANAGEMENT |
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DISTRICTS LAW. Except as otherwise provided by this chapter, |
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Chapter 375, Local Government Code, applies to the district. |
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Sec. 3877.008. LIBERAL CONSTRUCTION OF CHAPTER. This |
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chapter shall be liberally construed in conformity with the |
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findings and purposes stated in this chapter. |
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[Sections 3877.009-3877.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 3877.051. 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 3877.052, directors serve |
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staggered four-year terms, with two or three directors elected in |
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even-numbered years on the uniform election date in May prescribed |
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by the Election Code. |
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(c) Section 54.102, Water Code, applies to directors. |
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Section 375.063, Local Government Code, does not apply to |
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directors. |
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Sec. 3877.052. TEMPORARY DIRECTORS. (a) The initial |
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temporary board consists of: |
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Pos. No. Name of Director |
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1 Cindy Gayle |
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2 Wendell Halley |
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3 Larry Boudloche |
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4 John Isom |
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5 Jo Ann London |
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(b) The temporary directors shall hold an election to elect |
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five permanent directors. |
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(c) Temporary directors serve until the earlier of: |
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(1) the date permanent directors are elected under |
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Subsection (b); or |
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(2) the fourth anniversary of the effective date of |
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the Act enacting this chapter. |
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(d) If permanent directors have not been elected under |
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Subsection (b) 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 (e) 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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Subsection (b); 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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(e) If Subsection (d) applies, the owner or owners of a |
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majority of the assessed value of the real property in the district |
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may submit a petition to the Texas Commission on Environmental |
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Quality requesting that the commission appoint as successor |
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temporary directors the five persons named in the petition. The |
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commission shall appoint as successor temporary directors the five |
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persons named in the petition. |
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Sec. 3877.053. COMPENSATION. A director is entitled to |
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receive fees of office and reimbursement for actual expenses as |
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provided by Section 49.060, Water Code. Sections 375.069 and |
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375.070, Local Government Code, do not apply to the board. |
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[Sections 3877.054-3877.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 3877.101. DEVELOPMENT CORPORATION POWERS. The |
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district may exercise the powers given to a development corporation |
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under Chapter 505, Local Government Code, including the power to |
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own, operate, acquire, construct, lease, improve, or maintain a |
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project described by that section. |
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Sec. 3877.102. NONPROFIT CORPORATION. (a) The board by |
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resolution may authorize the creation of a nonprofit corporation to |
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assist and act for the district in implementing a project or |
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providing a service authorized by this chapter. |
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(b) The nonprofit corporation: |
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(1) has each power of and is considered for purposes of |
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this chapter to be a local government corporation created under |
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Chapter 431, Transportation Code; and |
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(2) may implement any project and provide any service |
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authorized by this chapter. |
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(c) The board shall appoint the board of directors of the |
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nonprofit corporation. The board of directors of the nonprofit |
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corporation shall serve in the same manner as the board of directors |
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of a local government corporation created under Chapter 431, |
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Transportation Code, except that a board member is not required to |
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reside in the district. |
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Sec. 3877.103. AGREEMENTS; GRANTS. (a) The district may |
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make an agreement with or accept a gift, grant, or loan from any |
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person. |
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(b) The implementation of a project is a governmental |
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function or service for the purposes of Chapter 791, Government |
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Code. |
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Sec. 3877.104. AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT. |
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To protect the public interest, the district may contract with a |
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qualified party, including Harris County or the City of Waller, for |
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the provision of law enforcement services in the district for a fee. |
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Sec. 3877.105. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The |
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district may join and pay dues to a charitable or nonprofit |
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organization that performs a service or provides an activity |
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consistent with the furtherance of a district purpose. |
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Sec. 3877.106. ECONOMIC DEVELOPMENT PROGRAMS. (a) The |
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district may establish and provide for the administration of one or |
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more programs to promote state or local economic development and to |
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stimulate business and commercial activity in the district, |
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including programs to: |
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(1) make loans and grants of public money; and |
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(2) provide district personnel and services. |
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(b) The district has all of the powers of a municipality |
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under Chapter 380, Local Government Code. |
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Sec. 3877.107. STRATEGIC PARTNERSHIP AGREEMENT. The |
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district may negotiate and enter into a written strategic |
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partnership with the City of Waller under Section 43.0751, Local |
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Government Code. |
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Sec. 3877.108. LIMITED EMINENT DOMAIN. (a) Section |
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375.094, Local Government Code, does not apply to the district. |
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(b) The district may exercise the power of eminent domain in |
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accordance with Section 49.222, Water Code. |
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(c) The district may not exercise the power of eminent |
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domain outside the district boundaries to acquire: |
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(1) a site for a water treatment plant, water storage |
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facility, wastewater treatment plant, or wastewater disposal |
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plant; |
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(2) a recreational facility as defined by Section |
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49.462, Water Code; or |
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(3) a site for a road project. |
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Sec. 3877.109. ANNEXATION OR EXCLUSION OF LAND. (a) The |
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district may annex land as provided by Subchapter J, Chapter 49, |
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Water Code. |
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(b) The district may exclude land as provided by Subchapter |
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J, Chapter 49, Water Code. Section 375.044(b), Local Government |
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Code, does not apply to the district. |
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[Sections 3877.110-3877.150 reserved for expansion] |
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SUBCHAPTER D. PUBLIC PARKING FACILITIES |
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Sec. 3877.151. PARKING FACILITIES AUTHORIZED; OPERATION BY |
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PRIVATE ENTITY; TAX EXEMPTION. (a) The district may acquire, lease |
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as lessor or lessee, construct, develop, own, operate, and maintain |
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parking facilities or a system of parking facilities, including: |
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(1) lots, garages, parking terminals, or other |
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structures or accommodations for parking motor vehicles off the |
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streets; and |
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(2) equipment, entrances, exits, fencing, and other |
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accessories necessary for safety and convenience in parking |
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vehicles. |
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(b) A parking facility of the district may be leased to, or |
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operated for the district by, an entity other than the district. |
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(c) The district's parking facilities are a program |
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authorized by the legislature under Section 52-a, Article III, |
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Texas Constitution. |
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(d) The district's parking facilities serve the public |
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purposes of the district and are owned, used, and held for a public |
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purpose even if leased or operated by a private entity for a term of |
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years. |
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(e) The district's public parking facilities and any lease |
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to a private entity are exempt from the payment of ad valorem taxes |
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and state and local sales and use taxes. |
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Sec. 3877.152. RULES. The district may adopt rules |
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covering its public parking system. |
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Sec. 3877.153. FINANCING OF PARKING FACILITIES. (a) The |
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district may use any of its resources, including revenue, |
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assessments, taxes, or grant or contract proceeds, to pay the cost |
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of acquiring or operating public parking facilities. |
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(b) The district may: |
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(1) set, charge, impose, and collect fees, charges, or |
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tolls for the use of the public parking facilities; and |
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(2) issue bonds or notes to finance the cost of these |
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facilities. |
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[Sections 3877.154-3877.200 reserved for expansion] |
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SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
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Sec. 3877.201. DISBURSEMENTS AND TRANSFERS OF MONEY. The |
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board by resolution shall establish the number of directors' |
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signatures and the procedure required for a disbursement or |
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transfer of the district's money. |
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Sec. 3877.202. MONEY USED FOR IMPROVEMENTS OR SERVICES. |
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The district may acquire, construct, finance, operate, or maintain |
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any improvement or service authorized under this chapter or Chapter |
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375, Local Government Code, using any money available to the |
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district. |
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Sec. 3877.203. PETITION REQUIRED FOR FINANCING SERVICES AND |
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IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a |
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service or improvement project with assessments under this chapter |
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unless a written petition requesting that service or improvement |
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has been filed with the board. |
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(b) A petition filed under Subsection (a) must be signed by |
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the owners of a majority of the assessed value of real property in |
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the district subject to assessment according to the most recent |
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certified tax appraisal roll for Harris County. |
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Sec. 3877.204. METHOD OF NOTICE FOR HEARING. The district |
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may mail the notice required by Section 375.115(c), Local |
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Government Code, by certified or first class United States mail. |
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The board shall determine the method of notice. |
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Sec. 3877.205. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) |
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The board by resolution may impose and collect an assessment for any |
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purpose authorized by this chapter in all or any part of the |
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district. |
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(b) An assessment, a reassessment, or an assessment |
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resulting from an addition to or correction of the assessment roll |
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by the district, penalties and interest on an assessment or |
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reassessment, an expense of collection, and reasonable attorney's |
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fees incurred by the district: |
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(1) are a first and prior lien against the property |
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assessed; |
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(2) are superior to any other lien or claim other than |
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a lien or claim for county, school district, or municipal ad valorem |
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taxes; and |
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(3) are the personal liability of and a charge against |
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the owners of the property even if the owners are not named in the |
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assessment proceedings. |
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(c) The lien is effective from the date of the board's |
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resolution imposing the assessment until the date the assessment is |
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paid. The board may enforce the lien in the same manner that the |
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board may enforce an ad valorem tax lien against real property. |
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(d) The board may make a correction to or deletion from the |
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assessment roll that does not increase the amount of assessment of |
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any parcel of land without providing notice and holding a hearing in |
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the manner required for additional assessments. |
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Sec. 3877.206. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND |
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ASSESSMENTS. The district may not impose an impact fee or |
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assessment on the property, including the equipment, |
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rights-of-way, facilities, or improvements, of: |
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(1) an electric utility or a power generation company |
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as defined by Section 31.002, Utilities Code; |
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(2) a gas utility as defined by Section 101.003 or |
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121.001, Utilities Code; |
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(3) a telecommunications provider as defined by |
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Section 51.002, Utilities Code; or |
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(4) a person who provides to the public cable |
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television or advanced telecommunications services. |
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Sec. 3877.207. RESIDENTIAL PROPERTY. Section 375.161, |
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Local Government Code, does not apply to a tax imposed by the |
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district or a requirement for payment for a service provided by the |
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district, including water and sewer services. |
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Sec. 3877.208. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held in accordance with Section 3877.212, |
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the district may impose an operation and maintenance tax on taxable |
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property in the district in accordance with Section 49.107, Water |
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Code, for any district purpose, including to: |
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(1) maintain and operate the district; |
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(2) construct or acquire improvements; or |
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(3) provide a service. |
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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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(c) Section 49.107(h), Water Code, does not apply to the |
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district. |
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Sec. 3877.209. 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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Sec. 3877.210. AUTHORITY TO BORROW MONEY AND TO ISSUE |
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BONDS. (a) The district may borrow money on terms and conditions |
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as determined by the board. Section 375.205, Local Government |
|
Code, does not apply to a loan, line of credit, or other borrowing |
|
from a bank or financial institution secured by revenue other than |
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ad valorem taxes. |
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(b) The district may issue bonds, notes, or other |
|
obligations payable wholly or partly from ad valorem taxes, sales |
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and use taxes, assessments, impact fees, revenue, contract |
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payments, grants, or other district money, or any combination of |
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those sources of money, to pay for any authorized district purpose. |
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(c) The limitation on the outstanding principal amount of |
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bonds, notes, and other obligations provided by Section 49.4645, |
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Water Code, does not apply to the district. |
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Sec. 3877.211. 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. 3877.212. ELECTIONS REGARDING TAXES AND BONDS. (a) |
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The district may issue, without an election, bonds, notes, and |
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other 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 3877.209. |
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(b) The district must hold an election in the manner |
|
provided by Subchapter L, Chapter 375, Local Government Code, to |
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obtain voter approval before the district may impose an ad valorem |
|
tax or sales and use tax or issue bonds payable from ad valorem |
|
taxes. |
|
(c) Section 375.243, Local Government Code, does not apply |
|
to the district. |
|
(d) All or any part of any facilities or improvements that |
|
may be acquired by a district by the issuance of district bonds may |
|
be included in one single proposition to be voted on at the election |
|
or the bonds may be submitted in several propositions. |
|
Sec. 3877.213. COMPETITIVE BIDDING. Subchapter I, Chapter |
|
49, Water Code, applies to the district. Subchapter K, Chapter 375, |
|
Local Government Code, does not apply to the district. |
|
Sec. 3877.214. TAX AND ASSESSMENT ABATEMENTS. The district |
|
may grant in the manner authorized by Chapter 312, Tax Code, an |
|
abatement for a tax or assessment owed to the district. |
|
[Sections 3877.215-3877.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES FOR CERTAIN DEFINED AREAS AND DESIGNATED |
|
PROPERTY |
|
Sec. 3877.251. AUTHORITY TO ESTABLISH DEFINED AREAS OR |
|
DESIGNATED PROPERTY. The district may define areas or designate |
|
certain property of the district to pay for improvements, |
|
facilities, or services that primarily benefit that area or |
|
property and do not generally and directly benefit the district as a |
|
whole. |
|
Sec. 3877.252. PROCEDURE FOR ELECTION. (a) Before the |
|
district may impose an ad valorem tax or issue bonds payable from ad |
|
valorem taxes of the defined area or designated property, the board |
|
shall hold an election in the defined area or within the boundaries |
|
of the designated property only. |
|
(b) The election shall be conducted as provided by Section |
|
3877.212. |
|
(c) The board may submit the issues to the voters on the same |
|
ballot to be used in another election. |
|
Sec. 3877.253. DECLARING RESULT AND ISSUING ORDER. (a) If |
|
a majority of the voters voting at the election approve the |
|
proposition or propositions, the board shall declare the results |
|
and, by order, shall establish the defined area and describe it by |
|
metes and bounds or designate the specific property. |
|
(b) The board's order is not subject to judicial review |
|
except on the ground of fraud, palpable error, or arbitrary and |
|
confiscatory abuse of discretion. |
|
Sec. 3877.254. TAXES FOR IMPROVEMENTS AND FACILITIES IN |
|
DEFINED AREAS OR DESIGNATED PROPERTY. On voter approval and |
|
adoption of the order described in Section 3877.253, the district |
|
may apply separately, differently, equitably, and specifically its |
|
taxing power and lien authority to the defined area or designated |
|
property to provide money to construct, administer, maintain, and |
|
operate services, improvements, and facilities that primarily |
|
benefit the defined area or designated property. |
|
Sec. 3877.255. ISSUANCE OF BONDS AND LEVY OF TAXES FOR |
|
DEFINED AREA OR DESIGNATED PROPERTY. After the order under Section |
|
3877.253 is adopted, the district may issue bonds to provide for any |
|
land, improvements, facilities, plants, equipment, and appliances |
|
for the defined area or designated property. |
|
[Sections 3877.256-3877.300 reserved for expansion] |
|
SUBCHAPTER G. SALES AND USE TAX |
|
Sec. 3877.301. MEANINGS OF WORDS AND PHRASES. Words and |
|
phrases used in this subchapter that are defined by Chapters 151 and |
|
321, Tax Code, have the meanings assigned by Chapters 151 and 321, |
|
Tax Code. |
|
Sec. 3877.302. APPLICABILITY OF CERTAIN TAX CODE |
|
PROVISIONS. (a) Except as otherwise provided by this subchapter, |
|
Subtitles A and B, Title 2, Tax Code, and Chapter 151, Tax Code, |
|
apply to taxes imposed under this subchapter and to the |
|
administration and enforcement of those taxes in the same manner |
|
that those laws apply to state taxes. |
|
(b) Chapter 321, Tax Code, relating to municipal sales and |
|
use taxes, applies to the application, collection, change, and |
|
administration of a sales and use tax imposed under this subchapter |
|
to the extent consistent with this chapter, as if references in |
|
Chapter 321, Tax Code, to a municipality referred to the district |
|
and references to a governing body referred to the board. |
|
(c) Sections 321.106, 321.401, 321.402, 321.403, 321.404, |
|
321.406, 321.409, 321.506, 321.507, and 321.508, Tax Code, do not |
|
apply to a tax imposed under this subchapter. |
|
Sec. 3877.303. AUTHORIZATION; ELECTION. (a) The district |
|
may adopt a sales and use tax to serve the purposes of the district |
|
after an election in which a majority of the voters of the district |
|
voting in the election authorize the adoption of the tax. |
|
(b) The board by order may call an election to authorize a |
|
sales and use tax. The election may be held with any other district |
|
election. |
|
(c) The district shall provide notice of the election and |
|
shall hold the election in the manner prescribed by Section |
|
3877.212. |
|
(d) The ballots shall be printed to provide for voting for |
|
or against the proposition: "Authorization of a sales and use tax |
|
in the Waller Town Center Management District at a rate not to |
|
exceed ___ percent." |
|
Sec. 3877.304. ABOLISHING SALES AND USE TAX. (a) Except as |
|
provided by Subsection (b), the board may abolish the sales and use |
|
tax without an election. |
|
(b) The board may not abolish the sales and use tax if the |
|
district has outstanding debt secured by the tax. |
|
Sec. 3877.305. SALES AND USE TAX RATE. (a) On adoption of |
|
the tax authorized by this subchapter, there is imposed a tax on the |
|
receipts from the sale at retail of taxable items within the |
|
district, and an excise tax on the use, storage, or other |
|
consumption in the district of taxable items purchased, leased, or |
|
rented from a retailer in the district during the period that the |
|
tax is in effect. |
|
(b) The board shall determine the rate of the tax, which may |
|
be in one-eighth of one percent increments not to exceed the maximum |
|
rate authorized by the district voters at the election. The board |
|
may lower the tax rate to the extent it does not impair any |
|
outstanding debt or obligations payable from the tax. |
|
(c) The rate of the excise tax is the same as the rate of the |
|
sales tax portion of the tax and is applied to the sales price of the |
|
taxable item. |
|
[Sections 3877.306-3877.350 reserved for expansion] |
|
SUBCHAPTER H. MUNICIPAL ANNEXATION AND DISSOLUTION |
|
Sec. 3877.351. MUNICIPAL ANNEXATION; DISSOLUTION. (a) |
|
Section 43.071, Local Government Code, applies to the district and |
|
the district is a "water or sewer district" for purposes of that |
|
section. |
|
(b) Section 43.075, Local Government Code, applies to the |
|
district. |
|
(c) Section 375.264, Local Government Code, does not apply |
|
to the dissolution of the district by a municipality. |
|
SECTION 2. The Waller Town Center Management District |
|
initially includes all territory contained in the following area: |
|
TRACT 1: |
|
Fieldnotes for 166.7194 acres of land out of Lots 1, 2, 3, 4, |
|
7 and 8, Section 9 of the Harris County School Land Survey, Abstract |
|
No. 332, in Harris County, Texas, the map or plat thereof recorded |
|
in Volume 17, Page 222 of the Deed Records of Harris County, being |
|
comprised of that certain 38.7594 acre tract, that certain 31.8519 |
|
acre tract, and that certain 96.1081 acre tract of land conveyed to |
|
Peter S. Terpstra, Trustee, as described in deeds recorded under |
|
County Clerk's File No(s). 20060189400, 20060246634, and |
|
20060246637, respectively, of the Real Property Records of Harris |
|
County, said 166.7194 acres of land being more particularly |
|
described by metes and bounds as follows: |
|
BEGINNING at a 5/8 inch steel rod set in the South line of |
|
F.M. Highway No. 2920, based on a 100 foot right-of-way, at its |
|
intersection with the West line of Binford Road, based on a 66 foot |
|
right-of-way, said point being the Northeast corner of the said |
|
96.1081 acre tract and the herein described tract, from which |
|
point, the Northeast corner of that certain 160.33 acre tract of |
|
land conveyed to Doud Jordan Wible, et ux, as described in deed |
|
recorded in Volume 1572, Page 378 of the Deed Records of Harris |
|
County bears North 02°42'53" West, 17.80 feet; |
|
Thence, South 02°42'53" East, 193.20 feet with the West line |
|
of said Binford Road and the common East line of the said 96.1081 |
|
acre tract to a 5/8 inch steel rod set for an exterior ell corner of |
|
the herein described tract, said point being the Northeast corner |
|
of that certain 0.9922 acre tract of land conveyed to Delta Troy |
|
Interests, LTD., and described as Tract 5 in deed recorded under |
|
County Clerk's File No. W201253 of the said Real Property Records; |
|
Thence, South 89°38'51" West, 208.00 feet with the North line |
|
of the said 0.9922 acre tract and the common line of the said |
|
96.1081 acre tract to a 5/8 inch steel rod set for the Northwest |
|
corner of the said 0.9922 acre tract and an interior ell corner of |
|
the herein described tract; |
|
Thence, South 02°42'53" East, 208.00 feet with the West line |
|
of the said 0.9922 acre tract and the common line of the said |
|
96.1081 acre tract to a 5/8 inch steel rod set for the Southwest |
|
corner of the said 0.9922 acre tract and a second interior ell |
|
corner of the herein described tract; |
|
Thence, North 89°38'51" East, 208.00 feet with the South line |
|
of the said 0.9922 acre tract and the common line of the said |
|
96.1081 acre tract to a 5/8 inch steel rod set in the West line of |
|
said Binford Road for the Southeast corner of the said 0.9922 acre |
|
tract and a second exterior ell corner of the herein described |
|
tract; |
|
Thence, South 02°42'53" East, 1693.50 feet with the West line |
|
of said Binford Road and the common East line of the said 96.1081 |
|
acre tract to a 5/8 inch steel rod set at an angle point, said point |
|
being the Southeast corner of the said 96.1081 acre tract and the |
|
Northeast corner of the aforesaid 31.8519 acre tract; |
|
Thence, continuing with the West line of said Binford Road |
|
and the common East line of the said 31.8519 acre tract, South |
|
03°59'32" West, 370.87 feet to a 5/8 inch steel rod set at the North |
|
end of a cut-back line for U.S. Highway No. 290 (right-of-way varies |
|
at this point), for the most Easterly Southeast corner of the said |
|
31.8519 acre tract and the herein described tract, said point being |
|
the Northeast corner of that certain 1.690 acre tract of land |
|
conveyed to the State of Texas (for highway widening purposes), as |
|
described in deed recorded under County Clerk's File No. R244269 of |
|
the said Real Property Records; |
|
Thence, South 56°26'00" West, 96.58 feet with the said |
|
cut-back line and the Northerly line of the said 1.690 acre tract |
|
and said U.S. Highway No. 290 to a 5/8 inch steel rod with aluminum |
|
(TxDOT) disk found at the Southerly end of the said cut-back line |
|
marking the most Southerly Southeast corner of the said 31.8519 |
|
acre tract and the herein described tract; |
|
Thence, North 70°39'12" West (basis bearing), 307.31 feet |
|
with the Northeasterly line of the said 1.690 acre tract and said |
|
U.S. Highway No. 290, and the Southwesterly line of the said 31.8519 |
|
acre tract to a 5/8 inch steel rod set at a point of curve to the |
|
left, having a radius of 1963.86 feet and a central angle of |
|
12°31'54"; |
|
Thence, continuing with the Northeasterly line of the said |
|
1.690 acre tract and said U.S. Highway No. 290, and the |
|
Southwesterly line of the said 31.8519 acre tract, and with the said |
|
curve to the left having a radius of 1963.86 feet (chord bearing |
|
North 76°55'09" West, 428.68 feet), an arc distance of 429.53 feet |
|
to a 5/8 inch steel rod set at a point of reverse curve to the right, |
|
having a radius of 1855.86 feet and a central angle of 09°47'55"; |
|
Thence, continuing with the Northeasterly line of the said |
|
1.690 acre tract and said U.S. Highway No. 290, and the |
|
Southwesterly line of the said 31.8519 acre tract, and with the said |
|
curve to the right having a radius of 1855.86 feet (chord bearing |
|
North 78°17'08" West, 317.00 feet), an arc distance of 317.39 feet |
|
to a 5/8 inch steel rod set at a point of tangency; |
|
Thence, continuing with the Northeasterly line of said U.S. |
|
Highway No. 290, and the common Southwesterly line of the said |
|
31.8519 acre tract, North 70°39'12" West, 1607.90 feet to a 5/8 inch |
|
steel rod set in the West line of said Lot 7 and the East line of |
|
adjacent Lot 6 of said Section 9, for the Southwest corner of the |
|
said 31.8519 acre tract and the herein described tract, said point |
|
also being the Southeast corner of that certain 4.453 acre tract of |
|
land conveyed to Palm Harbor Homes I, L.P., as described as Parcel 1 |
|
in deed recorded under County Clerk's File No. T494925 of the said |
|
Real Property Records, from which point, a found 5/8 inch steel rod |
|
bears North 24°46' East, 0.94 feet; |
|
Thence, North 02°28'20" West, 420.75 feet with the East line |
|
of the said 4.453 acre tract, and the West line of the said 31.8519 |
|
acre tract to an angle iron found marking the Northeast corner of |
|
the said 4.453 acre tract and an interior ell corner of the herein |
|
described tract, said point also being the Southeast corner of the |
|
aforesaid 38.7594 acre tract; |
|
Thence, South 88°11'03" West with the North line of the said |
|
4.453 acre tract and the South line of the said 38.7594 acre tract, |
|
at 667.84 feet passing the Northwest corner of the said 4.453 acre |
|
tract and the Northeast corner of that certain 11.15 acre (residue) |
|
tract of land conveyed to Leerie J. Hakemack, as described in deed |
|
recorded in Volume 5204, Page 604 of the said Deed Records, and |
|
continuing with the North line of the said 11.15 acre tract in all, |
|
a total distance of 1081.99 feet to a 1 inch galvanized steel pipe |
|
set in the Northeast line of U.S. Highway No. 290 (320.0 feet wide |
|
at this point) for and angle point, said point being the most |
|
Easterly corner of that certain 0.083 acre tract of land conveyed to |
|
the State of Texas, as described in deed recorded in Volume 7313, |
|
Page 528 of the said Deed Records; |
|
Thence, North 70°39'12" West, 156.99 feet with the |
|
Northeasterly line of said U.S. Highway No 290 and the |
|
Southwesterly line of the said 38.7594 acre tract to a 1 1/4 inch |
|
galvanized steel pipe found marking the most Southerly Southwest |
|
corner of the said 38.7594 acre tract and the herein described |
|
tract, said point being the Northwest corner of the said 0.083 acre |
|
tract, said point also being in the East line of that certain 8.015 |
|
acre (residue) tract of land conveyed to Anita Miller as described |
|
in Probate Cause No. 89374 of the Probate Records of Harris County; |
|
Thence, North 02°30'48" West, 591.33 feet with the East line |
|
of the said 8.015 acre tract and the West line of the said 38.7594 |
|
acre tract to a 1 1/4 galvanized steel pipe found marking an |
|
interior ell corner of the said 38.7594 acre tract and the herein |
|
described tract, said point being the Northeast corner of the said |
|
8.015 acre tract; |
|
Thence, South 88°12'09" West with the North line of the said |
|
8.015 acre tract and Southerly line of the said 38.7594 acre tract, |
|
at 192.5 feet passing a found 1 1/4 galvanized steel pipe, and |
|
continuing in all, a total distance of 201.10 feet to a 4 inch |
|
square concrete monument found marking the most Westerly Southwest |
|
corner of the said 38.7594 acre tract and the herein described |
|
tract, said point also being the Southeast corner of that certain |
|
(called) 9.216 acre tract of land conveyed to Love's Country |
|
Stores, Inc., as described in deed recorded under County Clerk's |
|
File No. U693047 of the said Real Property Records; |
|
Thence, North 01°41'39" West with the East line of the said |
|
9.216 acre tract and the West line of the said 38.7594 acre tract, |
|
at 614.92 feet passing a found 1 1/4 galvanized steel pipe, at |
|
616.72 feet passing a found 3/8 inch steel rod with cap (described |
|
by deed as the Northeast corner of the said 9.216 acre tract), and |
|
continuing in all, a total distance of 626.42 feet to a 5/8 inch |
|
steel rod set in the South line of said F.M. Highway No. 2920 for the |
|
Northwest corner of the said 38.7594 acre tract and the herein |
|
described tract, said point being the Southwest corner of that |
|
certain 0.580 acre tract of land conveyed to the State of Texas (for |
|
widening purposes), as described in deed recorded under County |
|
Clerk's File No. C774289 (Vol. 7332, Pg. 137) of the said Real |
|
Property Records, said point also being in a non-tangent curve to |
|
the right, having a radius of 1909.86 feet and a central angle of |
|
03°29'08"; |
|
Thence, in an Easterly direction, with the South line of said |
|
F.M. Highway No. 2920 and the said 0.580 acre tract, and the North |
|
line of the said 38.7594 acre tract, and with the said curve to the |
|
right having a radius of 1909.86 feet (chord bearing North 86°29'17" |
|
East, 116.17 feet), an arc distance of 116.19 feet to a 5/8 inch |
|
steel rod set at a point of tangency, from which point, a 4 inch |
|
square concrete monument (found in the North line of F.M. Highway |
|
No. 2920) bears North 01°46'09" West, 100.0 feet; |
|
Thence, continuing with the South line of said F.M. Highway |
|
No. 2920 and the said 0.580 acre tract, and the North line of the |
|
said 38.7594 acre tract, North 88°13'51" East, at 1304.61 feet |
|
passing a 5/8 inch steel rod found marking the Northeast corner of |
|
the said 38.7594 acre tract and the Northwest corner of the |
|
aforesaid 96.1081 acre tract, and continuing with the North line of |
|
the said 96.1081 acre tract in al, a total distance of 1428.59 feet |
|
to a 5/8 inch steel rod set at a point of curve to the right, having |
|
a radius of 11409.30 feet and a central angle of 01°25'00"; |
|
Thence, continuing with the South line of said F.M. Highway |
|
No. 2920 and the common North line of the said 96.1081 acre tract, |
|
and with the said curve to the right having a radius of 11409.30 |
|
feet (chord bearing North 88°56'21" East, 282.09 feet), an arc |
|
distance of 282.10 feet to a 5/8 inch steel rod found at a point of |
|
tangency; |
|
Thence, continuing with the South line of said F.M. Highway |
|
No. 2920 and the common North line of the said 96.1081 acre tract, |
|
North 89°38'51" East, 2048.75 feet to a 5/8 inch steel rod set at a |
|
point of curve to the left, having a radius of 11509.30 feet and a |
|
central angle of 00°47'59"; |
|
Thence, continuing with the South line of said F.M. Highway |
|
No. 2920 and the common North line of the said 96.1081 acre tract, |
|
and with the said curve to the left having a radius of 11509.30 feet |
|
(chord bearing North 89°14'52" East, 160.64 feet), an arc distance |
|
of 160.64 feet to the PLACE OF BEGINNING and containing 166.7194 |
|
acres or 7,262,296 square feet of land, more or less. |
|
TRACT 2: |
|
Fieldnotes for 12.4147 acres of land out of Lot 7 and Lot 8, |
|
Section 9 of the Harris County School Lands Survey, Abstract No. |
|
332, in Harris County, Texas, the map or plat thereof recorded in |
|
Volume 17, Page 222 of the Deed Records of Harris County, being out |
|
of and a part of that certain 160.33 acre tract of land conveyed to |
|
Doud Jordan Wible, et ux, as described in deed recorded in Volume |
|
1572, Page 378 of the said Deed Records, and being further out of |
|
and a part of that certain 12.4518 acre tract of land conveyed to |
|
E.F. Davidson, et al, and described as Tract No. 2 in deed recorded |
|
under County Clerk's File No. J170095 of the Real Property Records |
|
of Harris County, said 12.4147 acres of land being more |
|
particularly described by metes and bounds as follows: |
|
BEGINNING at a 1 inch galvanized steel pipe, found in a |
|
hog-wire fence line, marking the Southwest corner of said Lot 7, the |
|
said 160.33 acre tract, the said 12.4518 acre tract, and the herein |
|
described tract, said point being in the East line of that certain |
|
11.15 acre tract of land conveyed to L.J. Hakemack, et ux, as |
|
described in deed recorded under County Clerk's File No. P056681 of |
|
the said Real Property Records, said point also being the Northwest |
|
corner of adjacent Lot 10 of said Section 9 and that certain |
|
257.2309 acre tract of land conveyed to Delta Troy Interests, LTD., |
|
and described as Tract 1 in deed recorded under County Clerk's File |
|
No. W201253 of the said Real Property Records; |
|
Thence, North 02°36'20" West (called North 00°11'21" West in |
|
11.15 acre deed) with the East line of the said 11.15 acre tract and |
|
the West line of said Lot 7, the said 160.33 acre tract, and the said |
|
12.4518 acre tract, and generally along a hog-wire fence line, at |
|
642.3 feet passing the Northeast corner of the said 11.15 acre tract |
|
and the Southeast corner of a 60 foot wide roadway (private), |
|
described as an easement for ingress and egress in partition deed |
|
recorded in Volume 3300, Page 484 of the said Deed Records, and |
|
continuing with the East line of said 60 foot wide roadway in all, a |
|
total distance of 663.44 feet to a 3/4 inch steel rod set in the |
|
Southwesterly line of U.S. Highway No. 290, based on a 320 foot |
|
right-of-way, for the Northwest corner of the said 12.4518 acre |
|
tract and the herein described tract, from which point, a found 5/8 |
|
inch steel rod bears North 01°29' West, 1.17 feet; |
|
Thence, South 70°39'12" East, 1631.76 feet with the |
|
Southwesterly line of said U.S. Highway No. 290 and the |
|
Northeasterly line of the said 12.4518 acre tract to a 5/8 inch |
|
steel rod with aluminum (TxDOT) disk found at a point of curve to |
|
the right, having a radius of 1855.86 feet and a central angle of |
|
03°20'06", said point being the most Westerly corner of that certain |
|
458 square foot tract of land conveyed to the State of Texas (for |
|
highway widening purposes), as described in deed recorded under |
|
County Clerk's File No. R244268 of the said Real Property Records; |
|
Thence, in a Southeasterly direction, with the Southwesterly |
|
line of said U.S. Highway No. 290 and the said 458 square foot |
|
tract, and with the said curve to the right having a radius of |
|
1855.86 feet (chord bearing South 66°23'40" East, 108.01 feet), an |
|
arc distance of 108.02 feet to a 5/8 inch steel rod set in the South |
|
line of aforesaid Lot 8, the said 160.33 acre tract and the said |
|
12.4518 acre tract for the most Easterly or Southeast corner of the |
|
herein described tract, said point being the Southwest corner of |
|
the said 458 square foot tract and the most Westerly corner of that |
|
certain 1.672 acre tract of land conveyed to the State of Texas (for |
|
highway widening purposes), as described in deed recorded under |
|
County Clerk's File No. R276494 of the said Real Property Records, |
|
said point also being in the North line of adjacent Lot 9 of said |
|
Section 9 and the aforesaid 257.2309 acre tract; |
|
Thence, South 87°11'26" West (called South 87°32'13" West in |
|
257.2309 acre deed), 1610.36 feet with the North line of the said |
|
257.2309 acre tract and the common South line of the said 12.4518 |
|
acre tract, and generally along the line of an old down barbed-wire |
|
fence to the PLACE OF BEGINNING and containing 12.4147 acres or |
|
540,786 square feet of land, more or less. |
|
TRACT 3: |
|
Fieldnotes for 107.6370 acres of land out of Lots 3, 4, 5, 6, |
|
11, 12, and 14, Section 10 of the Harris County School Land Survey, |
|
Abstract No. 332, in Harris County, Texas, the map or plat thereof |
|
recorded in Volume 17, Page 222 of the Deed Records of Harris |
|
County, being out of and a part of that certain tract of land |
|
conveyed to Boris & Margaret Payan Family Partnership, and |
|
described as the residue of 109.9186 acres of land in correction |
|
deed recorded under County Clerk's File No. T324010 of the Real |
|
Property Records of Harris County, said 107.6370 acres of land |
|
being more particularly described by metes and bounds as follows: |
|
COMMENCING at a 5/8 inch steel rod found in the South line of |
|
F.M. Highway No. 2920, based on a 100 foot right-of-way, at its |
|
intersection with the West line of Kickapoo Road, based on a 66 foot |
|
right-of-way, said point being the Northeast corner of that certain |
|
tract of land conveyed to Delta Troy Interests, Ltd., and described |
|
as the residue of 393.3575 acres of land in deed recorded under |
|
County Clerk's File No. W201253 of the said Real Property Records, |
|
from which point, a found 4" x 4" concrete monument bears South |
|
89°35' West, 3.9 feet; |
|
Thence, South 87°41'31" West, 3335.39 feet with the South line |
|
of said F.M. Highway No. 2920 and the common North line of the said |
|
393.3575 acre tract to a 5/8 inch steel rod set for the Northeast |
|
corner and PLACE OF BEGINNING of the said 109.9186 acre tract and |
|
the herein described tract; |
|
Thence, South 02°18'29" East, 3638.43 feet (called South |
|
02°17'36" East, 3639.80 feet in vesting deed) with the East line of |
|
the said 109.9186 acre tract to a 5/8 inch steel rod set in the |
|
Southwesterly line of the said 393.3575 acre tract and the |
|
Northeasterly line of State Highway No. 290, based on a 320 foot |
|
right-of-way, for the Southeast corner of the said 109.9186 acre |
|
tract and the herein described tract, said point being in the arc of |
|
a non-tangent curve to the left, having a radius of 7799.44 feet and |
|
a central angle of 08°35'22"; |
|
Thence, in a Northwesterly direction, with the Northeasterly |
|
line of said U.S. Highway No. 290 and the common Southwesterly line |
|
of the said 109.9186 acre tract, and with the said curve to the left |
|
having a radius of 7799.44 feet (chord bearing North 63°00'09" West, |
|
1168.15 feet), an arc distance of 1169.24 feet to a 5/8 inch steel |
|
rod set at a point of non-tangent curve to the left, having a radius |
|
of 2013.86 feet and a central angle of 22°16'29", said point also |
|
being the most Easterly corner of that certain 1.0459 acre tract of |
|
land conveyed to the State of Texas (for highway widening purposes) |
|
as described in deed recorded under County Clerk's File No. T324011 |
|
of the said Real Property Records; |
|
Thence, continuing with the Northeasterly line of said U.S. |
|
Highway No. 290 and the said 1.0459 acre tract, and with the said |
|
curve to the left having a radius of 2013.86 feet (chord bearing |
|
North 59°30'58" West, 778.00 feet), an arc distance of 782.92 feet |
|
to a 5/8 inch steel rod set at a point of tangency; |
|
Thence, continuing with the Northeasterly line of said U.S. |
|
Highway No. 290 and the said 1.0459 acre tract, North 70°39'12" |
|
West, 237.97 feet to a 5/8 inch steel rod set at a cut-back for |
|
Binford Road, said point being the most Westerly or Northwest |
|
corner of the said 1.0459 acre tract, said point also being in the |
|
Northeasterly line of that certain 1.235 acre tract of land |
|
conveyed to the State of Texas, as described in deed recorded under |
|
County Clerk's File No. R276486 of the said Real Property Records; |
|
Thence, North 30°36'06" West, 17.66 feet with the |
|
Northeasterly line of the said 1.235 acre tract and the said |
|
cut-back line to a 5/8 inch steel rod set in the East line of said |
|
Binford Road (right-of-way varies at this point) and the West line |
|
of the said 109.9186 acre tract for an angle point, said point being |
|
the most Westerly or Northwest corner of the said 1.235 acre tract; |
|
Thence, North 09°02'53" West (called North 09°02'34" West in |
|
vesting deed), 452.64 feet with the East line of said Binford Road |
|
and the common West line of the said 109.9186 acre tract to a 5/8 |
|
inch steel rod set for an angle point (right-of-way 66 feet wide at |
|
this point), from which point, a 5/8 inch steel rod found in |
|
concrete bears South 81°00' East, 0.53 feet; |
|
Thence, North 02°42'53" West, 793.61 feet (called North |
|
02°41'16" West, 731.85 feet in vesting deed) with the East line of |
|
said Binford Road and the common West line of the said 109.9186 acre |
|
tract to a 5/8 inch steel rod set for the most Westerly Northwest |
|
corner of the herein described tract, said point being the |
|
Southwest corner of that certain 29.6849 acre tract of land |
|
conveyed to Jesse B. Heath, Jr., Trustee, as described in deed |
|
recorded under County Clerk's File No. J741028 of the said Real |
|
Property Records; |
|
Thence, North 87°41'31" East, 990.77 feet (called North |
|
87°42'24" East, 991.05 feet in vesting deed and 29.6849 acre deed) |
|
with the South line of the said 29.6849 acre tract and the common |
|
line of the said 109.9186 acre tract to a 5/8 inch steel rod set for |
|
an interior ell corner of the herein described tract, said point |
|
being the Southeast corner of the said 29.6849 acre tract; |
|
Thence, North 02°18'29" West (called North 02°17'36" West in |
|
vesting deed and 29.6849 acre deed), 1298.83 feet to a 5/8 inch |
|
steel rod set in the South line of said F.M. Highway No. 2920 for the |
|
most Northerly Northwest corner of the said 109.9186 acre tract and |
|
the herein described tract, said point being the Northeast corner |
|
of the said 29.6849 acre tract; |
|
Thence, North 87°41'31" East (called North 87°42'24" East in |
|
vesting deed), 970.20 feet with the South line of said F.M. Highway |
|
No. 2920 and the common North line of the said 109.9186 acre tract |
|
to the PLACE OF BEGINNING and containing 107.6370 acres or |
|
4,688,669 square feet of land, more or less. |
|
TRACT 4: |
|
Fieldnotes for 8.9032 acres of land out of Lot 4 and Lot 5, |
|
Section 10 of the Harris County School Land Survey, Abstract No. |
|
332, in Harris County, Texas, the map or plat thereof recorded in |
|
Volume 17, Page 222 of the Deed Records of Harris County, being out |
|
of and a part of that certain 29.6849 acre tract of land conveyed to |
|
Jesse B. Heath, Jr., Trustee, as described in general warranty deed |
|
recorded under County Clerk's File No. J741028 of the Real Property |
|
Records of Harris County, and being that same (called) 8.906 acre |
|
tract of land conveyed to Paul Wilkerson and Eva Grant, as described |
|
in deed recorded under County Clerk's File No. X407844 of the said |
|
Real Property Records, said 8.9032 acres of land being more |
|
particularly described by metes and bounds as follows: |
|
COMMENCING at a 1 inch steel rod set in the South line of F.M. |
|
Highway No. 2920, based on a 100 foot right-of-way, at its |
|
intersection with the East line of Binford Road, based on a 66 foot |
|
right-of-way, said point being the Northwest corner of the said |
|
29.6849 acre tract, said point also being in the arc of a curve to |
|
the left, having a radius of 11509.30 and a central angle of |
|
00°48'18", from which point, a found 4" x 4" concrete monument bears |
|
South 57° East, 1.25 feet and a found 5/8 inch steel rod bears South |
|
59° East, 1.79 feet; |
|
Thence, South 02°42'53" East, 909.10 feet with the East line |
|
of said Binford Road and the West line of the said 29.6849 acre |
|
tract to a 3/4 inch steel rod set for the Northwest corner and PLACE |
|
OF BEGINNING of the said 8.906 acre tract and the herein described |
|
tract, said point also being the Southwest corner of a 20.7774 acre |
|
tract of land previously conveyed, from which point, a found 5/8 |
|
inch steel rod bears South 08°52' East, 2.1 feet; |
|
Thence, North 87°41'31" East, 993.55 feet with the South line |
|
of the said 20.7774 acre tract to a 3/4 inch steel rod set in the |
|
East line of the said 29.6849 acre tract for the Northeast corner of |
|
the herein described tract, said point being in the Westerly line of |
|
a 107.6370 acre tract of land previously conveyed, from which |
|
point, a found 5/8 inch steel rod bears South 18°41' East, 1.9 feet; |
|
Thence, South 02°18'29" East, 390.89 feet with the East line |
|
of the said 29.6849 acre tract and the common line of the said |
|
107.6370 acre tract to a 5/8 inch steel rod set for the Southeast |
|
corner of the said 29.6849 acre tract and the herein described |
|
tract, said point being an interior ell corner of the said 107.6370 |
|
acre tract; |
|
Thence, South 87°41'31" West, 990.77 feet with the South line |
|
of the said 29.6849 acre tract and the common line of the said |
|
107.6370 acre tract to a 5/8 inch steel rod set in the East line of |
|
said Binford Road for the Southwest corner of the said 29.6849 acre |
|
tract and the herein described tract, said point being the most |
|
Westerly Northwest corner of the said 107.6370 acre tract; |
|
Thence, North 02°42'53" West, 390.90 feet with the East line |
|
of said Binford Road and the common West line of the said 29.6849 |
|
acre tract to the PLACE OF BEGINNING and containing 8.9032 acres or |
|
387,825 square feet of land, more or less. |
|
TRACT 5: |
|
Fieldnotes for 20.7774 acres of land out of Lot 4, Section 10 |
|
of the Harris County School Land Survey, Abstract No. 332, in Harris |
|
County, Texas, the map or plat thereof recorded in Volume 17, Page |
|
222 of the Deed Records of Harris County, being out of and a part of |
|
that certain 29.6849 acre tract of land conveyed to Jesse B. Heath, |
|
Jr., Trustee, as described in general warranty deed recorded under |
|
County Clerk's File No. J741028 of the Real Property Records of |
|
Harris County, said 20.7774 acres of land being more particularly |
|
described by metes and bounds as follows: |
|
BEGINNING at a 1 inch steel rod set in the South line of F.M. |
|
Highway No. 2920, based on a 100 foot right-of-way, at its |
|
intersection with the East line of Binford Road, based on a 66 foot |
|
right-of-way, said point being the Northwest corner of the said |
|
29.6849 acre tract and the herein described tract, said point being |
|
in the arc of a curve to the left, having a radius of 11509.30 and a |
|
central angle of 00°48'18", from which point, a found 4" x 4" |
|
concrete monument bears South 57° East, 1.25 feet and a found 5/8 |
|
inch steel rod bears South 59° East, 1.79 feet; |
|
Thence, in an Easterly direction, with the South line of said |
|
F.M. Highway No. 2920 and the common North line of the said 29.6849 |
|
acre tract, and with the said curve to the left having a radius of |
|
11509.30 feet (chord bearing North 88°05'40" East, 161.70 feet), an |
|
arc distance of 161.70 feet to a 5/8 inch steel rod set at a point of |
|
tangency, from which point, a broken 4" x 4" concrete monument bears |
|
North 80° East, 0.53 feet; |
|
Thence, continuing with the South line of said F.M. Highway |
|
No. 2920 and the common North line of the said 29.6849 acre tract, |
|
North 87°41'31" East, 838.30 feet to a 5/8 inch steel rod set for the |
|
Northeast corner of the said 29.6849 acre tract and the herein |
|
described tract, said point also being the most Northerly Northwest |
|
corner of a 107.6370 acre tract of land, the residue of a 109.9186 |
|
acre tract of land conveyed to Boris & Margaret Payen Family Limited |
|
Partnership, as described in deed recorded under County Clerk's |
|
File No. T324010 of the said Real Property Records; |
|
Thence, South 02°18'29" East, 907.94 feet with the East line |
|
of the said 29.6849 acre tract and the common line of the said |
|
107.6370 acre tract to a 3/4 inch steel rod set for the Southeast |
|
corner of the herein described tract, from which point, a found 5/8 |
|
inch steel rod bears South 18°41' East, 1.9 feet; |
|
Thence, South 87°41'31" West, 993.55 feet to a 3/4 inch steel |
|
rod set in the West line of the said 29.6849 acre tract and the |
|
common East line of said Binford Road for the Southwest corner of |
|
the herein described tract, from which point, a found 5/8 inch steel |
|
rod bears South 08°52' East, 2.1 feet; |
|
Thence, North 02°42'53" West, 909.10 feet with the West line |
|
of the said 29.6849 acre tract and the common East line of said |
|
Binford Road to the PLACE OF BEGINNING and containing 20.7774 acres |
|
or 905,065 square feet of land, more or less. |
|
TRACT 6: |
|
Fieldnotes for 164.3702 acres of land, being all of Lot 11 and |
|
12 and a part of Lots 13 and 14, Section 7 of the Harris County |
|
School Land Survey, Abstract No. 332, in Harris County, Texas, the |
|
map or plat thereof recorded in Volume 17, Page 222 of the Deed |
|
Records of Harris County, and being all of that certain (called) |
|
164.401 acre tract of land conveyed to Chang-Hsine Cheng, et ux, as |
|
described in deed recorded under County Clerk's File No. M314811 of |
|
the Real Property Records of Harris County, said 164.3702 acres of |
|
land being more particularly described by metes and bounds as |
|
follows: |
|
BEGINNING at a 5/8 inch steel rod found in the North line of |
|
F.M. Highway No. 2920, based on a 100.00 foot right-of-way, at its |
|
intersection with the East line of Binford Road, based on a 66.00 |
|
foot right-of-way, in the West line of said Lot 13, said point being |
|
the Southwest corner of the said 164.401 acre tract and that certain |
|
1.1057 acre Right Of Way Easement conveyed to the County of Harris |
|
(for the widening of Binford Road) as described in instrument |
|
recorded under County Clerk's File No. M747112 of the said Real |
|
Property Records, said point also being the Northwest corner of |
|
that certain 2.070 acre tract of land conveyed to the State of Texas |
|
(for the widening of F.M. Highway No. 2920) as described in deed |
|
recorded under County Clerk's File No. C684810 of the said Real |
|
Property Records; |
|
Thence, North 00°18'09" West, 2694.07 feet (called North |
|
00°19'09" West, 2694.07 feet in 1.1057 acre deed), with the East |
|
line of said Binford Road and the common West line of the said |
|
164.401 acre tract and the said 1.1057 acre tract to a 5/8 inch |
|
steel rod found marking the Northwest corner of said Lot 12, the |
|
said 164.401 acre tract and the herein described tract, said point |
|
being the Northwest corner of the said 1.1057 acre tract, said point |
|
also being the Southwest corner of adjacent Lot 5 of said Section 7 |
|
and that certain 9.862 acre tract of land conveyed to Domenico |
|
Calarco, et ux, as described in deed recorded under County Clerk's |
|
File No. D254432 of the said Real Property Records; |
|
Thence, North 89°57'10" East with the South line of said Lot 5 |
|
and the said 9.862 acre tract, and the common North line of said Lot |
|
12 and the said 164.401 acre tract, at 663 feet passing the |
|
Southeast corner of the said 9.862 acre tract and the Southwest |
|
corner of that certain 72.8588 acre tract of land conveyed to Glen |
|
Harris, Jr., Trustee as described in instrument recorded under |
|
County Clerk's File No. E052129 of the said Real Property Records, |
|
and continuing with the South line of the said 72.8588 acre tract in |
|
all, a total distance of 2653.44 feet to a 5/8 inch steel rod found |
|
marking the Northeast corner of aforesaid Lot 11, the said 164.401 |
|
acre tract, and the herein described tract, said point being the |
|
Southeast corner of adjacent Lot 6 of said Section 7 and the said |
|
72.8588 acre tract, said point also being in the West line of that |
|
certain 4.000 acre tract of land conveyed to Deanne Prusak as |
|
described in deed recorded under County Clerk's File No. R803468 of |
|
the said Real Property Records, and being the Southwest corner of |
|
adjacent Lot 7 and the Northwest corner of adjacent Lot 10 of said |
|
Section 7; |
|
Thence, South 00°18'08" East (called South 00°51'56" East in |
|
4.000 acre deed, South 00°18'09" East in vesting deed, and South |
|
00°18'08" East in that certain boundary line agreement recorded in |
|
Volume 7167, Page 187 of the said Deed Records), with the West line |
|
of said Lot 10 and the said 4.000 acre tract, and the common East |
|
line of said Lot 11 and the said 164.401 acre tract, at 160.49 feet |
|
passing the Southwest corner of the said 4.000 acre tract and the |
|
Northwest corner of the residue of that certain 6.3725 acre tract of |
|
land conveyed to Robert V. Davidson, et ux, as described in deed |
|
recorded under County Clerk's File No. P512170 of the said Real |
|
Property Records, and continuing with the West line of the said |
|
6.3725 acre tract (called South 00°51'56" East in 6.3725 acre deed), |
|
at 397.10 feet passing the Southwest corner of the said 6.3725 acre |
|
tract and the Northwest corner of that certain 52.934 acre tract of |
|
land conveyed to David A. Sellars, et ux, as described in deed |
|
recorded under County Clerk's File No. S911654 of the said Real |
|
Property Records, and continuing with the West line of the said |
|
52.934 acre tract (called South 00°53'57" East in 52.934 acre deed), |
|
at 1360.23 feet passing the Southwest corner of the said 52.934 acre |
|
tract (a 5/8 inch steel rod found 0.96' West) and the Northwest |
|
corner of the residue of that certain tract of land conveyed to |
|
Clara Harrison, et al, and Alma Bullock and described as Tract III |
|
in partition deed recorded under County Clerk's File No. C695611 of |
|
the said Real Property Records, and continuing with the West line of |
|
said Tract III in all, a total distance of 2701.69 feet (called |
|
2701.84 feet in vesting deed) to a 5/8 inch steel rod set in the |
|
North line of said F.M. Highway No. 2920 for the Southeast corner of |
|
the said 164.401 acre tract and the herein described tract, said |
|
point bears North 00°18'08" West, 17 ft. from the Southeast corner |
|
of aforesaid Lot 14 and the common Southwest corner of said Tract |
|
III and adjacent Lot 15 of said Section 7, and North 30°46' East, 1.0 |
|
foot from a found 1/2 inch steel rod; |
|
Thence, North 89°54'23" West, 2495.18 feet (called North |
|
89°55'25" West, 2494.58 feet in vesting deed) with the North line of |
|
said F.M. Highway No. 2920 and the South line of the said 164.401 |
|
acre tract to a 5/8 inch steel rod set at a point of curve to the |
|
right, having a radius of 11409.30 feet and a central angle of |
|
00°47'42"; |
|
Thence, continuing with the North line of said F.M. Highway |
|
No. 2920 and the South line of the said 164.401 acre tract, and with |
|
the said curve to the right having a radius of 11409.30 feet (chord |
|
bearing North 89°30'32" West, 158.31 feet), an arc distance of |
|
158.31 feet to the PLACE OF BEGINNING and containing 164.3702 acres |
|
or 7,159,967 square feet of land, more or less. |
|
SAVE AND EXCEPT: |
|
Fieldnotes for 37.6450 acres of land, being out of and a part |
|
of Lot 11 and Lot 12, Section 7 of the Harris County School Land |
|
Survey, Abstract No. 332, in Harris County, Texas, the map or plat |
|
thereof recorded in Volume 17, Page 222 of the Deed Records of |
|
Harris County, and being out of and a part of that certain 164.3702 |
|
acre tract of land conveyed to R.K. McGaughy, Trustee, as described |
|
in deed recorded under County Clerk's File No. Z519743 of the Real |
|
Property Records of Harris County, said 37.6450 acres of land being |
|
more particularly described by metes and bounds as follows: |
|
COMMENCING at a 5/8 inch steel rod found in the North line of |
|
F.M. Highway No. 2920, based on a 100 foot right-of-way, at its |
|
intersection with the East line of Binford Road, based on a 66 foot |
|
right-of-way, in the West line of Lot 13 of said Section 7, said |
|
point being the Southwest corner of the said 164.3702 acre tract and |
|
that certain 1.1057 acre Right of Way Easement conveyed to the |
|
County of Harris (for the widening of Binford Road) as described in |
|
instrument recorded under County Clerk's File No. M747112 of the |
|
said Real Property Records, said point also being the Northwest |
|
corner of that certain 2.070 acre tract of land conveyed to the |
|
State of Texas (for the widening of F.M. Highway No. 2920) as |
|
described in deed recorded under County Clerk's File No. C684810 of |
|
the said Real Property Records; |
|
Thence, North 00°18'09" West, 2070.20 feet with the East line |
|
of said Binford Road and the common West line of the said 164.3702 |
|
acre tract and the said 1.1057 acre tract to a 5/8 inch steel rod set |
|
for the Southwest corner and PLACE OF BEGINNING for the herein |
|
described tract; |
|
Thence, continuing with the East line of said Binford Road |
|
and the common West line of the said 164.3702 acre tract and the |
|
said 1.1057 acre tract, North 00°18'09" West, 623.87 feet to a 5/8 |
|
inch steel rod found marking the Northwest corner of said Lot 12, |
|
the said 164.3702 acre tract, the said 1.1057 acre tract, and the |
|
herein described tract, said point also being the Southwest corner |
|
of adjacent Lot 5 of said Section 7 and that certain 9.862 acre |
|
tract of land conveyed to Domenico Calarco, et ux, as described in |
|
deed recorded under County Clerk's File No. D254432 of the said Real |
|
Property Records; |
|
Thence, North 89°57'10" East with the South line of said Lot 5 |
|
and the said 9.862 acre tract, and the common North line of said Lot |
|
12 and the said 164.3702 acre tract, at 663.0 feet passing the |
|
Southeast corner of the said 9.862 acre tract and the Southwest |
|
corner of that certain 72.8588 acre tract of land conveyed to Glen |
|
Harris, Jr., Trustee as described in instrument recorded under |
|
County Clerk's File No. E052129 of the said Real Property Records, |
|
and continuing with the South line of the said 72.8588 acre tract in |
|
all, a total distance of 2653.44 feet to a 5/8 inch steel rod found |
|
marking the Northeast corner of aforesaid Lot 11, the said 164.3702 |
|
acre tract, and the herein described tract, said point being the |
|
Southeast corner of adjacent Lot 6 of said Section 7 and the said |
|
72.8588 acre tract, said point also being in the West line of that |
|
certain 4.000 acre tract of land conveyed to Deanne Prusak as |
|
described in deed recorded under County Clerk's File No. R803468 of |
|
the said Real Property Records, and being the Southwest corner of |
|
adjacent Lot 7 and the Northwest corner of adjacent Lot 10 of said |
|
Section 7; |
|
Thence, South 00°18'08" East with the West line of said Lot 10 |
|
and the said 4.000 acre tract, and the common East line of said Lot |
|
11 and the said 164.3702 acre tract, at 160.49 feet passing the |
|
Southwest corner of the said 4.000 acre tract and the Northwest |
|
corner of the residue of that certain 6.3725 acre tract of land |
|
conveyed to Robert V. Davidson, et ux, as described in deed recorded |
|
under County Clerk's File No. P512170 of the said Real Property |
|
Records, and continuing with the West line of the said 6.3725 acre |
|
tract, at 397.10 feet passing the Southwest corner of the said |
|
6.3725 acre tract and the Northwest corner of that certain 52.934 |
|
acre tract of land conveyed to David A. Sellars, et ux, as described |
|
in deed recorded under County Clerk's File No. S911654 of the said |
|
Real Property Records, and continuing with the West line of the said |
|
52.934 acre tract in all, a total distance of 612.13 feet to a 5/8 |
|
inch steel rod set for the Southeast corner of the herein described |
|
tract; |
|
Thence, South 89°41'58" West, 2653.41 feet to the PLACE OF |
|
BEGINNING and containing 37.6450 acres or 1,639,817 square feet of |
|
land, more or less. |
|
SECTION 3. (a) The legal notice of the intention to |
|
introduce this Act, setting forth the general substance of this |
|
Act, has been published as provided by law, and the notice and a |
|
copy of this Act have been furnished to all persons, agencies, |
|
officials, or entities to which they are required to be furnished |
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
Government Code. |
|
(b) The governor, one of the required recipients, has |
|
submitted the notice and Act to the Texas Commission on |
|
Environmental Quality. |
|
(c) The Texas Commission on Environmental Quality has filed |
|
its recommendations relating to this Act with the governor, |
|
lieutenant governor, and speaker of the house of representatives |
|
within the required time. |
|
(d) The general law relating to consent by political |
|
subdivisions to the creation of districts with conservation, |
|
reclamation, and road powers and the inclusion of land in those |
|
districts has been complied with. |
|
(e) 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 have been |
|
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. |