|
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A BILL TO BE ENTITLED
|
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AN ACT
|
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relating to the creation of the Montgomery County Municipal Utility |
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Districts Nos. 128 and 129; providing authority to impose a tax and |
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issue bonds; granting a limited power of eminent domain. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 6, Special District Local Laws |
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Code, is amended by adding Chapters 8355 and 8356 to read as |
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follows: |
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CHAPTER 8355. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 128 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8355.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
|
(2) "Director" means a board member. |
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(3) "District" means the Montgomery County Municipal |
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Utility District No. 128. |
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Sec. 8355.002. NATURE OF DISTRICT. The district is a |
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municipal utility district created under Section 59, Article XVI, |
|
Texas Constitution. |
|
Sec. 8355.003. CONFIRMATION AND DIRECTORS' ELECTION |
|
REQUIRED. The temporary directors shall hold an election to |
|
confirm the creation of the district and to elect five permanent |
|
directors as provided by Section 49.102, Water Code. |
|
Sec. 8355.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 8355.003 |
|
until each municipality in whose corporate limits or |
|
extraterritorial jurisdiction the district is located has |
|
consented by ordinance or resolution to the creation of the |
|
district and to the inclusion of land in the district. |
|
Sec. 8355.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. |
|
(a) The district is created to serve a public purpose and benefit. |
|
(b) The district is created to accomplish the purposes of: |
|
(1) a municipal utility district as provided by |
|
general law and Section 59, Article XVI, Texas Constitution; and |
|
(2) Section 52, Article III, Texas Constitution, that |
|
relate to the construction, acquisition, improvement, operation, |
|
or maintenance of macadamized, graveled, or paved roads, or |
|
improvements, including storm drainage, in aid of those roads. |
|
Sec. 8355.006. INITIAL DISTRICT TERRITORY. (a) The |
|
district is initially composed of the territory described by |
|
Section 2(a) of the Act creating this chapter. |
|
(b) The boundaries and field notes contained in Section 2(a) |
|
of the Act creating this chapter form a closure. A mistake made in |
|
the field notes or in copying the field notes in the legislative |
|
process does not affect the district's: |
|
(1) organization, existence, or validity; |
|
(2) right to issue any type of bond for the purposes |
|
for which the district is created or to pay the principal of and |
|
interest on a bond; |
|
(3) right to impose a tax; or |
|
(4) legality or operation. |
|
[Sections 8355.007-8355.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8355.051. GOVERNING BODY; TERMS. (a) The district is |
|
governed by a board of five elected directors. |
|
(b) Except as provided by Section 8355.052, directors serve |
|
staggered four-year terms. |
|
Sec. 8355.052. TEMPORARY DIRECTORS. (a) The temporary |
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board consists of: |
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(1) H. Daniel Wright; |
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(2) Justin Hood; |
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(3) Sherry Barker; |
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(4) Noe Carrasco; and |
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(5) Rusty Wilson. |
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(b) If a temporary director fails to qualify for office, the |
|
temporary directors who have qualified shall appoint a person to |
|
fill the vacancy. |
|
(c) Temporary directors serve until the earlier of: |
|
(1) the date permanent directors are elected under |
|
Section 8355.003; or |
|
(2) September 1, 2013. |
|
(d) If permanent directors have not been elected under |
|
Section 8355.003 and the terms of the temporary directors have |
|
expired, successor temporary directors shall be appointed or |
|
reappointed as provided by Subsection (e) to serve terms that |
|
expire on the earlier of: |
|
(1) the date permanent directors are elected under |
|
Section 8355.003; or |
|
(2) the fourth anniversary of the date of the |
|
appointment or reappointment. |
|
(e) If Subsection (d) applies, the owner or owners of a |
|
majority of the assessed value of the real property in the district |
|
may submit a petition to the Texas Commission on Environmental |
|
Quality requesting that the commission appoint as successor |
|
temporary directors the five persons named in the petition. The |
|
commission shall appoint as successor temporary directors the five |
|
persons named in the petition. |
|
[Sections 8355.053-8355.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8355.101. GENERAL POWERS AND DUTIES. The district has |
|
the powers and duties necessary to accomplish the purposes for |
|
which the district is created. |
|
Sec. 8355.102. MUNICIPAL UTILITY DISTRICT POWERS AND |
|
DUTIES. The district has the powers and duties provided by the |
|
general law of this state, including Chapters 49 and 54, Water Code, |
|
applicable to municipal utility districts created under Section 59, |
|
Article XVI, Texas Constitution. |
|
Sec. 8355.103. AUTHORITY FOR ROAD PROJECTS. Under Section |
|
52, Article III, Texas Constitution, the district may design, |
|
acquire, construct, finance, issue bonds for, improve, operate, |
|
maintain, and convey to this state, a county, or a municipality for |
|
operation and maintenance macadamized, graveled, or paved roads, or |
|
improvements, including storm drainage, in aid of those roads. |
|
Sec. 8355.104. ROAD STANDARDS AND REQUIREMENTS. (a) A |
|
road project must meet all applicable construction standards, |
|
subdivision requirements, and regulations of each municipality in |
|
whose corporate limits or extraterritorial jurisdiction the road |
|
project is located. |
|
(b) If a road project is not located in the corporate limits |
|
or extraterritorial jurisdiction of a municipality, the road |
|
project must meet all applicable construction standards, |
|
subdivision requirements, and regulations of each county in which |
|
the road project is located. |
|
(c) If the state will maintain and operate the road, the |
|
Texas Transportation Commission must approve the plans and |
|
specifications of the road project. |
|
Sec. 8355.105. DIVISION OF DISTRICT. (a) The district may |
|
be divided into two or more new districts only if the district: |
|
(1) has no outstanding bonded debt; and |
|
(2) is not imposing ad valorem taxes. |
|
(b) This chapter applies to any new district created by the |
|
division of the district, and a new district has all the powers and |
|
duties of the district. |
|
(c) Any new district created by the division of the district |
|
may not, at the time the new district is created: |
|
(1) contain any land outside the area described by |
|
Section 2(a) of the Act creating this chapter; or |
|
(2) contain less than 200 or more than 600 acres of |
|
land without the prior consent of any municipality in whose |
|
extraterritorial jurisdiction the district is located. |
|
(d) The board, on its own motion or on receipt of a petition |
|
signed by the owner or owners of a majority of the assessed value of |
|
the real property in the district, may adopt an order dividing the |
|
district. |
|
(e) The board may adopt an order dividing the district |
|
before or after the date the board holds an election under Section |
|
8355.003 to confirm the district's creation. |
|
(f) An order dividing the district shall: |
|
(1) name each new district; |
|
(2) include the metes and bounds description of the |
|
territory of each new district; |
|
(3) appoint temporary directors for each new district; |
|
and |
|
(4) provide for the division of assets and liabilities |
|
between or among the new districts. |
|
(g) On or before the 30th day after the date of adoption of |
|
an order dividing the district, the district shall file the order |
|
with the Texas Commission on Environmental Quality and record the |
|
order in the real property records of each county in which the |
|
district is located. |
|
(h) Any new district created by the division of the district |
|
shall hold a confirmation and directors' election as required by |
|
Section 8355.003. A new district that is not confirmed is subject |
|
to dissolution under general law. |
|
(i) Except as provided by Subsection (c), municipal consent |
|
to the creation of the district and to the inclusion of land in the |
|
district granted under Section 8355.004 acts as municipal consent |
|
to the creation of any new district created by the division of the |
|
district and to the inclusion of land in the new district. |
|
(j) Any new district created by the division of the district |
|
must hold an election as required by this chapter to obtain voter |
|
approval before the district may impose a maintenance tax or issue |
|
bonds payable wholly or partly from ad valorem taxes. |
|
Sec. 8355.106. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE |
|
OR RESOLUTION. The district shall comply with all applicable |
|
requirements of any ordinance or resolution that is adopted under |
|
Section 54.016 or 54.0165, Water Code, and that consents to the |
|
creation of the district or to the inclusion of land in the |
|
district. |
|
Sec. 8355.107. EFFECT OF ANNEXATION. (a) A municipality |
|
within whose extraterritorial jurisdiction the land in the district |
|
lies may annex all of the district into its corporate limits under |
|
the terms of an agreement entered into before the effective date of |
|
the Act creating this chapter between the municipality and the |
|
owners of the land being annexed, and, in that instance, the |
|
district may not be dissolved, except as provided by Subsection |
|
(b). |
|
(b) The district may be dissolved and its debts and |
|
obligations assumed by the municipality in accordance with Chapter |
|
43, Local Government Code, including Sections 43.075 and 43.0715, |
|
on: |
|
(1) annexation of all of the territory of the district |
|
by the municipality; and |
|
(2) completion of the construction of the water, |
|
sanitary sewer, and drainage improvements and roads required to |
|
serve at least 95 percent of the land in the district. |
|
(c) Notwithstanding Section 54.016(f)(2), Water Code, a |
|
contract between the municipality and the district that provides |
|
for the allocation of the taxes or revenues between the district and |
|
the municipality following the date of inclusion of all the |
|
district's territory in the corporate limits of the municipality |
|
may provide that the total annual ad valorem taxes collected by the |
|
municipality and the district from taxable property in the district |
|
may exceed the municipality's ad valorem tax on the property. |
|
Sec. 8355.108. LIMITATION ON USE OF EMINENT DOMAIN. The |
|
district may not exercise the power of eminent domain outside the |
|
district to acquire a site or easement for: |
|
(1) a road project authorized by Section 8355.103; or |
|
(2) a recreational facility as defined by Section |
|
49.462, Water Code. |
|
[Sections 8355.109-8355.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 8355.151. ELECTIONS REGARDING TAXES OR BONDS. |
|
(a) The district may issue, without an election, bonds and other |
|
obligations secured by: |
|
(1) revenue other than ad valorem taxes; or |
|
(2) contract payments described by Section 8355.153. |
|
(b) The district must hold an election in the manner |
|
provided by Chapters 49 and 54, Water Code, to obtain voter approval |
|
before the district may impose an ad valorem tax or issue bonds |
|
payable from ad valorem taxes. |
|
(c) The district may not issue bonds payable from ad valorem |
|
taxes to finance a road project unless the issuance is approved by a |
|
vote of a two-thirds majority of the district voters voting at an |
|
election held for that purpose. |
|
Sec. 8355.152. OPERATION AND MAINTENANCE TAX. (a) If |
|
authorized at an election held under Section 8355.151, the district |
|
may impose an operation and maintenance tax on taxable property in |
|
the district in accordance with Section 49.107, Water Code. |
|
(b) The board shall determine the tax rate. The rate may not |
|
exceed the rate approved at the election. |
|
Sec. 8355.153. CONTRACT TAXES. (a) In accordance with |
|
Section 49.108, Water Code, the district may impose a tax other than |
|
an operation and maintenance tax and use the revenue derived from |
|
the tax to make payments under a contract after the provisions of |
|
the contract have been approved by a majority of the district voters |
|
voting at an election held for that purpose. |
|
(b) A contract approved by the district voters may contain a |
|
provision stating that the contract may be modified or amended by |
|
the board without further voter approval. |
|
[Sections 8355.154-8355.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
|
Sec. 8355.201. AUTHORITY TO ISSUE BONDS AND OTHER |
|
OBLIGATIONS. The district may issue bonds or other obligations |
|
payable wholly or partly from ad valorem taxes, impact fees, |
|
revenue, including revenue received by the district under Chapter |
|
311, Tax Code, and Chapter 380, Local Government Code, assessments, |
|
grants, or other district money, or any combination of those |
|
sources, to pay for any authorized district purpose. |
|
Sec. 8355.202. TAXES FOR BONDS. At the time the district |
|
issues bonds payable wholly or partly from ad valorem taxes, the |
|
board shall provide for the annual imposition of a continuing |
|
direct ad valorem tax, without limit as to rate or amount, while all |
|
or part of the bonds are outstanding as required and in the manner |
|
provided by Sections 54.601 and 54.602, Water Code. |
|
Sec. 8355.203. BONDS FOR ROAD PROJECTS. At the time of |
|
issuance, the total principal amount of bonds or other obligations |
|
issued or incurred to finance road projects and payable from ad |
|
valorem taxes may not exceed one-fourth of the assessed value of the |
|
real property in the district. |
|
CHAPTER 8356. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 129 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8356.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Director" means a board member. |
|
(3) "District" means the Montgomery County Municipal |
|
Utility District No. 129. |
|
Sec. 8356.002. NATURE OF DISTRICT. The district is a |
|
municipal utility district created under Section 59, Article XVI, |
|
Texas Constitution. |
|
Sec. 8356.003. CONFIRMATION AND DIRECTORS' ELECTION |
|
REQUIRED. The temporary directors shall hold an election to |
|
confirm the creation of the district and to elect five permanent |
|
directors as provided by Section 49.102, Water Code. |
|
Sec. 8356.004. CONSENT OF MUNICIPALITY REQUIRED. The |
|
temporary directors may not hold an election under Section 8356.003 |
|
until each municipality in whose corporate limits or |
|
extraterritorial jurisdiction the district is located has |
|
consented by ordinance or resolution to the creation of the |
|
district and to the inclusion of land in the district. |
|
Sec. 8356.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. |
|
(a) The district is created to serve a public purpose and benefit. |
|
(b) The district is created to accomplish the purposes of: |
|
(1) a municipal utility district as provided by |
|
general law and Section 59, Article XVI, Texas Constitution; and |
|
(2) Section 52, Article III, Texas Constitution, that |
|
relate to the construction, acquisition, improvement, operation, |
|
or maintenance of macadamized, graveled, or paved roads, or |
|
improvements, including storm drainage, in aid of those roads. |
|
Sec. 8356.006. INITIAL DISTRICT TERRITORY. (a) The |
|
district is initially composed of the territory described by |
|
Section 2(b) of the Act creating this chapter. |
|
(b) The boundaries and field notes contained in Section 2(b) |
|
of the Act creating this chapter form a closure. A mistake made in |
|
the field notes or in copying the field notes in the legislative |
|
process does not affect the district's: |
|
(1) organization, existence, or validity; |
|
(2) right to issue any type of bond for the purposes |
|
for which the district is created or to pay the principal of and |
|
interest on a bond; |
|
(3) right to impose a tax; or |
|
(4) legality or operation. |
|
[Sections 8356.007-8356.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8356.051. GOVERNING BODY; TERMS. (a) The district is |
|
governed by a board of five elected directors. |
|
(b) Except as provided by Section 8356.052, directors serve |
|
staggered four-year terms. |
|
Sec. 8356.052. TEMPORARY DIRECTORS. (a) The temporary |
|
board consists of: |
|
(1) Wade Bradow; |
|
(2) Joel Littlefield; |
|
(3) Bryan Neal; |
|
(4) James Coody; and |
|
(5) Simon Sequeira. |
|
(b) If a temporary director fails to qualify for office, the |
|
temporary directors who have qualified shall appoint a person to |
|
fill the vacancy. |
|
(c) Temporary directors serve until the earlier of: |
|
(1) the date permanent directors are elected under |
|
Section 8356.003; or |
|
(2) September 1, 2013. |
|
(d) If permanent directors have not been elected under |
|
Section 8356.003 and the terms of the temporary directors have |
|
expired, successor temporary directors shall be appointed or |
|
reappointed as provided by Subsection (e) to serve terms that |
|
expire on the earlier of: |
|
(1) the date permanent directors are elected under |
|
Section 8356.003; or |
|
(2) the fourth anniversary of the date of the |
|
appointment or reappointment. |
|
(e) If Subsection (d) applies, the owner or owners of a |
|
majority of the assessed value of the real property in the district |
|
may submit a petition to the Texas Commission on Environmental |
|
Quality requesting that the commission appoint as successor |
|
temporary directors the five persons named in the petition. The |
|
commission shall appoint as successor temporary directors the five |
|
persons named in the petition. |
|
[Sections 8356.053-8356.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8356.101. GENERAL POWERS AND DUTIES. The district has |
|
the powers and duties necessary to accomplish the purposes for |
|
which the district is created. |
|
Sec. 8356.102. MUNICIPAL UTILITY DISTRICT POWERS AND |
|
DUTIES. The district has the powers and duties provided by the |
|
general law of this state, including Chapters 49 and 54, Water Code, |
|
applicable to municipal utility districts created under Section 59, |
|
Article XVI, Texas Constitution. |
|
Sec. 8356.103. AUTHORITY FOR ROAD PROJECTS. Under Section |
|
52, Article III, Texas Constitution, the district may design, |
|
acquire, construct, finance, issue bonds for, improve, operate, |
|
maintain, and convey to this state, a county, or a municipality for |
|
operation and maintenance macadamized, graveled, or paved roads, or |
|
improvements, including storm drainage, in aid of those roads. |
|
Sec. 8356.104. ROAD STANDARDS AND REQUIREMENTS. (a) A |
|
road project must meet all applicable construction standards, |
|
subdivision requirements, and regulations of each municipality in |
|
whose corporate limits or extraterritorial jurisdiction the road |
|
project is located. |
|
(b) If a road project is not located in the corporate limits |
|
or extraterritorial jurisdiction of a municipality, the road |
|
project must meet all applicable construction standards, |
|
subdivision requirements, and regulations of each county in which |
|
the road project is located. |
|
(c) If the state will maintain and operate the road, the |
|
Texas Transportation Commission must approve the plans and |
|
specifications of the road project. |
|
Sec. 8356.105. DIVISION OF DISTRICT. (a) The district may |
|
be divided into two or more new districts only if the district: |
|
(1) has no outstanding bonded debt; and |
|
(2) is not imposing ad valorem taxes. |
|
(b) This chapter applies to any new district created by the |
|
division of the district, and a new district has all the powers and |
|
duties of the district. |
|
(c) Any new district created by the division of the district |
|
may not, at the time the new district is created: |
|
(1) contain any land outside the area described by |
|
Section 2(b) of the Act creating this chapter; or |
|
(2) contain less than 200 or more than 600 acres of |
|
land without the prior consent of any municipality in whose |
|
extraterritorial jurisdiction the district is located. |
|
(d) The board, on its own motion or on receipt of a petition |
|
signed by the owner or owners of a majority of the assessed value of |
|
the real property in the district, may adopt an order dividing the |
|
district. |
|
(e) The board may adopt an order dividing the district |
|
before or after the date the board holds an election under Section |
|
8356.003 to confirm the district's creation. |
|
(f) An order dividing the district shall: |
|
(1) name each new district; |
|
(2) include the metes and bounds description of the |
|
territory of each new district; |
|
(3) appoint temporary directors for each new district; |
|
and |
|
(4) provide for the division of assets and liabilities |
|
between or among the new districts. |
|
(g) On or before the 30th day after the date of adoption of |
|
an order dividing the district, the district shall file the order |
|
with the Texas Commission on Environmental Quality and record the |
|
order in the real property records of each county in which the |
|
district is located. |
|
(h) Any new district created by the division of the district |
|
shall hold a confirmation and directors' election as required by |
|
Section 8356.003. A new district that is not confirmed is subject |
|
to dissolution under general law. |
|
(i) Except as provided by Subsection (c), municipal consent |
|
to the creation of the district and to the inclusion of land in the |
|
district granted under Section 8356.004 acts as municipal consent |
|
to the creation of any new district created by the division of the |
|
district and to the inclusion of land in the new district. |
|
(j) Any new district created by the division of the district |
|
must hold an election as required by this chapter to obtain voter |
|
approval before the district may impose a maintenance tax or issue |
|
bonds payable wholly or partly from ad valorem taxes. |
|
Sec. 8356.106. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE |
|
OR RESOLUTION. The district shall comply with all applicable |
|
requirements of any ordinance or resolution that is adopted under |
|
Section 54.016 or 54.0165, Water Code, and that consents to the |
|
creation of the district or to the inclusion of land in the |
|
district. |
|
Sec. 8356.107. EFFECT OF ANNEXATION. (a) A municipality |
|
within whose extraterritorial jurisdiction the land in the district |
|
lies may annex all of the district into its corporate limits under |
|
the terms of an agreement entered into before the effective date of |
|
the Act creating this chapter between the municipality and the |
|
owners of the land being annexed, and, in that instance, the |
|
district may not be dissolved, except as provided by Subsection |
|
(b). |
|
(b) The district may be dissolved and its debts and |
|
obligations assumed by the municipality in accordance with Chapter |
|
43, Local Government Code, including Sections 43.075 and 43.0715, |
|
on: |
|
(1) annexation of all of the territory of the district |
|
by the municipality; and |
|
(2) completion of the construction of the water, |
|
sanitary sewer, and drainage improvements and roads required to |
|
serve at least 95 percent of the land in the district. |
|
(c) Notwithstanding Section 54.016(f)(2), Water Code, a |
|
contract between the municipality and the district that provides |
|
for the allocation of the taxes or revenues between the district and |
|
the municipality following the date of inclusion of all the |
|
district's territory in the corporate limits of the municipality |
|
may provide that the total annual ad valorem taxes collected by the |
|
municipality and the district from taxable property in the district |
|
may exceed the municipality's ad valorem tax on the property. |
|
Sec. 8356.108. LIMITATION ON USE OF EMINENT DOMAIN. The |
|
district may not exercise the power of eminent domain outside the |
|
district to acquire a site or easement for: |
|
(1) a road project authorized by Section 8356.103; or |
|
(2) a recreational facility as defined by Section |
|
49.462, Water Code. |
|
[Sections 8356.109-8356.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 8356.151. ELECTIONS REGARDING TAXES OR BONDS. |
|
(a) The district may issue, without an election, bonds and other |
|
obligations secured by: |
|
(1) revenue other than ad valorem taxes; or |
|
(2) contract payments described by Section 8356.153. |
|
(b) The district must hold an election in the manner |
|
provided by Chapters 49 and 54, Water Code, to obtain voter approval |
|
before the district may impose an ad valorem tax or issue bonds |
|
payable from ad valorem taxes. |
|
(c) The district may not issue bonds payable from ad valorem |
|
taxes to finance a road project unless the issuance is approved by a |
|
vote of a two-thirds majority of the district voters voting at an |
|
election held for that purpose. |
|
Sec. 8356.152. OPERATION AND MAINTENANCE TAX. (a) If |
|
authorized at an election held under Section 8356.151, 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. 8356.153. 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 8356.154-8356.200 reserved for expansion] |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 8356.201. 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, including revenue received by the district under Chapter |
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311, Tax Code, and Chapter 380, Local Government Code, assessments, |
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grants, or other district money, or any combination of those |
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sources, to pay for any authorized district purpose. |
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Sec. 8356.202. 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. 8356.203. 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. (a) The Montgomery County Municipal Utility |
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District No. 128 initially includes all the territory contained in |
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the following area: |
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TRACT NO. 1 |
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FIELD NOTES FOR A 66.8118 ACRE TRACT OF LAND IN THE JAMES BUCHANAN |
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SURVEY, ABSTRACT 100, AND THE ELIJAH COLLARD SURVEY, ABSTRACT 7, |
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MONTGOMERY COUNTY, TEXAS, BEING A PART AND OUT OF THAT SAME TRACT |
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DESCRIBED AS 71.6505 ACRES IN DEED FROM 830 PARK, LTD. TO RANDAL A. |
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HENDRICKS, TRUSTEE, BEING OF RECORD UNDER COUNTY CLERK'S FILE |
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NUMBER 8208404 IN THE REAL PROPERTY RECORDS OF MONTGOMERY COUNTY |
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AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS |
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FOLLOWS: |
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BEGINNING at the called Southwest corner of the aforementioned |
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James Buchanan Survey, same being the Southwest corner of a certain |
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called 112.658 acre tract described in deed from C. A. Johnson to |
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Floyd L. McNutt, Trustee, being of record in Volume 664, at Page 537 |
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of the Deed Records of Montgomery County, Texas, and the most |
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southerly Southwest corner of the herein described tract; |
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THENCE North 12 degrees, 52 minutes, 27 seconds East a distance of |
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717.81 feet to a point for corner; |
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THENCE North 75 degrees, 23 minutes, 12 seconds West a distance of |
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137.03 feet to a point for corner in the East right-of-way line of |
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Old Egypt Road (80' R-O-W); |
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THENCE in a northerly direction along said East right-of-way line, |
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North 19 degrees, 10 minutes, 23 seconds East, 296.88 feet to a |
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point for corner; |
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THENCE North 21 degrees, 09 minutes, 33 seconds East, continuing |
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along said East right-of-way line, 196.92 feet to a point in said |
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line being the most southerly Northwest corner of a called 4.8800 |
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acre tract being designated for use as a City of Conroe water |
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plant/fire station; |
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THENCE South 65 degrees, 50 minutes, 54 seconds East, along the |
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boundary of said called 4.8800 acre City of Conroe tract, a distance |
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of 243.66 feet to a point for corner; |
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THENCE South 02 degrees, 51 minutes, 09 seconds West, along the most |
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southerly West line of said called 4.8800 acre tract, a distance of |
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460.99 feet to a point for the most southerly Southwest corner of |
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said tract; |
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THENCE South 87 degrees, 08 minutes, 51 seconds East, along the |
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South line of said called 4.8800 acre tract, a distance of 275.00 |
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feet to a point for the Southeast corner of said tract; |
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THENCE North 02 degrees, 51 minutes, 09 seconds East, along the East |
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line of said called 4.8800 acre tract, a distance of 568.44 feet to |
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a point for the Northeast corner of said tract; |
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THENCE North 65 degrees, 50 minutes, 54 seconds West, along the |
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Northeast line of said called 4.8800 acre tract, a distance of |
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461.81 feet to a point in the aforementioned |
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East right-of-way line of Old Egypt Road, same being the most |
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northerly Northwest corner of said tract; |
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THENCE North 26 degrees, 41 minutes, 03 seconds East, along said |
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East right-of-way line, a distance of 261.40 feet to a an angle |
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point; |
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THENCE North 34 degrees, 34 minute, 34 seconds East, continuing |
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along said East right-of-way line, 321.85 feet to a point for corner |
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in the South right-of-way line of F. M. Highway No. 830 (120' |
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R-O-W); |
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THENCE South 82 degrees, 34 minutes, 28 seconds East, along said |
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South right-of-way line, a distance of 86.72 feet to a point in said |
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line being the point of intersection of said right-of-way line with |
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a non-tangent curve to the right; |
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THENCE, continuing along said South right-of-way line, in a |
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southeasterly direction around said curve to the right having a |
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radius of 5,301.86 feet, a central angle of 04 degrees, 26 minutes, |
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06 seconds, and a chord bearing South 49 degrees, 07 minutes, 58 |
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seconds East 410.30 feet, for a distance of 410.40 feet to the point |
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of tangency of said curve; |
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THENCE, continuing along said South right-of-way line, South 46 |
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degrees, 23 minutes, 05 seconds East for a distance of 477.83 feet |
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to a point in said line being the point of curvature of a curve to |
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the left; |
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THENCE, continuing along said South right-of-way line, in a |
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southeasterly direction around said curve to the left having a |
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radius of 3,795.04 feet, a central angle of 16 degrees, 27 minutes, |
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08 seconds, and a chord bearing South 54 degrees, 53 minutes, 20 |
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seconds East 1,085.98 feet, for a distance of 1,089.72 feet to a |
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point in said line being the Northwest corner of a certain adjacent |
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called 80.883 acre tract described in deed from Barclay-Anderson & |
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Company, Inc. to Randal Arlan Hendricks, Trustee being of record |
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under County Clerk's File Number 8258092 in the Real Property |
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Records of Montgomery County, Texas for the Northeast corner of the |
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herein described 66.8118 acre tract; |
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THENCE South 10 degrees, 39 minutes, 40 seconds West, along the West |
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line of said called 80.883 acre tract and being the East line of the |
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tract herein described, a distance of 1,064.64 feet to a point in |
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the South line of the aforementioned James Buchanan Survey being |
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the Southwest corner of said called 80.883 acre tract for the |
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Southeast corner of the herein described 66.8118 acre tract; |
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THENCE North 78 degrees, 44 minutes, 21 seconds West, along said |
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South line of the Buchanan Survey, same being the South line of the |
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aforementioned called 71.6503 acre tract and the South line of the |
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tract herein described, a distance of 2,050.01 feet to the PLACE OF |
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BEGINNING and containing 66.8118 acres of land, more or less. |
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TRACT NO. 2 |
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FIELD NOTES FOR A 34.161 ACRE TRACT OF LAND BEING A CALLED 34.3175 |
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ACRE TRACT OUT OF THE JAMES BUCHANAN SURVEY, ABSTRACT 100, |
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MONTGOMERY COUNTY, TEXAS, DESCRIBED IN DEED FROM 830 PARK, LTD., TO |
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RANDAL A. HENDRICKS, TRUSTEE, BEING OF RECORD UNDER COUNTY CLERK'S |
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FILE NUMBER 8208404 IN THE REAL PROPERTY RECORDS OF MONTGOMERY |
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COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND |
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BOUNDS AS FOLLOWS: |
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BEGINNING at the Northeast corner of said 34.3175 acre tract, said |
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point being an interior corner of a certain called 191.659 acre |
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tract described in deed from Barclay-Anderson & Company, Inc., to |
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Randal Arlan Hendricks, Trustee, being of record under Clerk's File |
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Number 8258092 of the Real Property Records of Montgomery County, |
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Texas, for the Northeast corner of the herein described tract; |
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THENCE South 13 degrees, 58 minutes, 47 seconds West, along a |
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Westerly line of said called 191.659 acre tract and the Easterly |
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line of said called 34.3175 acre tract, a distance of 1,374.54 feet |
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to a point on a curve in Northeasterly right-of-way line of F.M. |
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Highway No. 830, based on 120-foot width for the most Southerly |
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Southwest corner of said called 191.659 acre tract and the |
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Southeast corner of said called 34.3175 acre tract and the herein |
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described tract; |
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THENCE in a Northwesterly direction along the Northeasterly |
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right-of-way line of said F.M. Highway No. 830 and the |
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Southwesterly line of said called 34.3175 acre tract, around a |
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curve to the right having a radius of 3,697.10 feet and a central |
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angle of 15 degrees, 49 minutes, 52 seconds, for a distance of |
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1,021.53 feet to a point for the end of said curve; |
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THENCE North 43 degrees, 19 minutes, 20 seconds West, continuing |
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along the Northeasterly right-of-way line of said F.M. Highway No. |
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830 and the Southwesterly line of said called 34.3175 acre tract, a |
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distance of 365.54 feet to an angle point; |
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THENCE North 37 degrees, 47 minutes, 14 seconds West, continuing |
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along Northeasterly right-of-way line of said F.M. Highway No. 830 |
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and the Southwesterly line of said called 34.3175 acre tract, a |
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distance of 100.68 feet to an angle point; |
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THENCE North 43 degrees, 22 minutes, 43 seconds West, continuing |
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along the Northeasterly right-of-way line of said F.M. Highway No. |
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830 and the Southwesterly line of said called 34.3175 acre tract, a |
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distance of 12.27 feet to the beginning of a curve to the left; |
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THENCE in a Northwesterly direction continuing along the |
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Northeasterly right-of-way line of said F.M. Highway No. 830 and |
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the Southwesterly line of said called 34.3175 acre tract, around |
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said curve to the left having a radius of 3,639.97 feet and a |
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central angle of 02 degrees, 59 minutes, 04 seconds, for a distance |
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of 189.60 feet to a point for the end of said curve; |
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THENCE North 51 degrees, 09 minutes, 49 seconds West, continuing |
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along the Northeasterly right-of-way line of said F.M. Highway No. |
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830 and the Southwesterly line of said called 34.3175 acre tract, a |
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distance of 102.46 feet to a point for the beginning of a curve to |
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the left; |
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THENCE in a Northwesterly direction continuing along the |
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Northeasterly right-of-way line of said F.M. Highway No. 830 and |
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the Southwesterly line of said called 34.3175 acre tract, around a |
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curve to the left having a radius of 5,789.65 feet and a central |
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angle of 00 degrees, 44 minutes, 52 seconds, for a distance of 75.56 |
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feet to a point for the end of said curve, being the Southwest |
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corner of said called 34.3175 acre tract and the herein described |
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tract; |
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THENCE North 07 degrees, 11 minutes, 00 seconds East, along the |
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Westerly line of said called 34.3175 acre tract, a distance of 57.31 |
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feet to a point in the Southeasterly right-of-way line of |
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Willis-Montgomery Road, based on 60-foot width, for an angle point |
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in the Westerly line of said called 34.3175 acre tract and the |
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herein described tract; |
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THENCE North 61 degrees, 27 minutes, 00 seconds East, along the |
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Southeasterly right-of-way line of said Willis-Montgomery Road and |
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the Northwesterly line of said called 34.3175 acre tract, a |
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distance of 335.54 feet to an angle point, said point being the |
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Southwest corner of the aforesaid called 191.659 acre tract; |
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THENCE North 75 degrees, 09 minutes, 59 seconds East, along the |
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Northwesterly line of said called 34.3175 acre tract and a |
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Southeasterly line of said called 191.659 acre tact, a distance of |
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478.37 feet to a point for an angle point in the Southeasterly line |
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of said called 191.659 acre tract and the Northwest corner of said |
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called 34.3175 acre tract and the herein described tract; |
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THENCE South 75 degrees, 18 minutes, 12 seconds East, continuing |
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along the Northerly line of said called 34.3175 acre tract and a |
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Southerly line of said called 191.659 acre tract, a distance of |
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982.35 feet to the PLACE OF BEGINNING and containing 34.161 acres of |
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land, more or less. |
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TRACT NO. 3 |
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FIELD NOTES FOR A 207.700 NET ACRE TRACT OF LAND IN THE JAMES |
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BUCHANAN SURVEY, ABSTRACT 100, MONTGOMERY COUNTY, TEXAS, BEING THAT |
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SAME TRACT DESCRIBED AS 211.346 ACRES IN DEED FROM BARCLAY-ANDERSON & |
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COMPANY, INC., TO RANDAL ARLAN HENDRICKS, TRUSTEE, BEING OF |
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RECORD UNDER COUNTY CLERK'S FILE NUMBER 8258092 IN THE REAL |
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PROPERTY RECORDS OF MONTGOMERY COUNTY SAVE AND EXCEPT A 40-FOOT |
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WIDE STRIP LYING WITHIN THE RIGHT-OF-WAY LINE OF LOWER |
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WILLIS-MONTGOMERY ROAD AND BEING MORE PARTICULARLY DESCRIBED BY |
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METES AND BOUNDS AS FOLLOWS: |
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BEGINNING at the called Northwest corner of the James Buchanan |
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Survey, same being the called Southwest corner of the Uriah |
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Springer Survey, Abstract 532; |
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THENCE South 15 degrees, 30 minutes, 10 seconds West, along the most |
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northerly West line of said James Buchanan Survey, a distance of |
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998.54 feet to an angle point in said line; |
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THENCE South 15 degrees, 52 minutes, 15 seconds West, continuing |
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along the most northerly West line of the Buchanan Survey, a |
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distance of 267.91 feet to an angle point in said line; |
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THENCE South 15 degrees, 01 minute, 49 seconds West, continuing |
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along said line, a distance of 1,961.79 feet to a point for corner |
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in the North line of the Elijah Collard Survey, Abstract 7, same |
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being the most westerly South line of the aforementioned James |
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Buchanan Survey, for the most westerly corner of the herein |
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described 207.700 acre tract; |
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THENCE South 76 degrees 10 minutes, 29 seconds East, along the |
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common line of said James Buchanan and Elijah Collard surveys, a |
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distance of 1,269.66 feet to the Northeast corner of said Elijah |
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Collard Survey; |
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THENCE South 15 degrees, 11 minutes, 21 seconds West, along the East |
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line of the Elijah Collard Survey, a distance of 438.15 feet to a |
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point for corner in the northerly right-of-way line of F. M. Highway |
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No. 830 (120' R-O-W); |
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THENCE South 50 degrees, 39 minutes, 31 seconds East, along said |
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northerly right-of-way line, a distance of 205.79 feet to the point |
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of intersection of said line with the westerly right-of-way line of |
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lower Willis-Montgomery Road (80' R-O-W); |
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THENCE North 74 degrees, 00 minutes, 45 seconds East, along the |
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westerly right-of-way line of lower Willis-Montgomery Road, a |
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distance of 357.17' to a point for corner; |
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THENCE North 41 degrees, 37 minutes, 13 seconds East, continuing |
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along said westerly line of lower Willis-Montgomery Road, a |
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distance of 3,991.73 feet to the point of intersection of said line |
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with the North line of the James Buchanan Survey for the Northeast |
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corner of the herein described 207.700 acre tract; |
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THENCE North 75 degrees, 11 minutes, 31 seconds West, along the |
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North line of said James Buchanan Survey, a distance of 1,408.08 |
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feet to an angle point in said line; |
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THENCE North 77 degrees, 49 minutes, 44 seconds West, continuing |
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along said survey line, a distance of 541.97 feet to an angle point |
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in said line being the Southeast corner of a certain adjacent called |
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50.0 acre tract described in deed recorded in Volume 724, at Page |
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590 of the Deed Records of Montgomery County; |
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THENCE North 74 degrees, 51 minutes, 09 seconds West, continuing |
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along said North line of the James Buchanan Survey, and being the |
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South line of the aforementioned 50.0 acre tract, a distance of |
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1,587.00 feet to the PLACE OF BEGINNING and containing a net area of |
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207.700 acres of land, more or less. |
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TRACT NO. 4 |
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FIELD NOTES FOR A 53.3594 ACRE TRACT OF LAND COMPRISED OF A PORTION |
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OF A CALLED 52.94 ACRE TRACT OUT OF THE URIAH SPRINGER SURVEY, |
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ABSTRACT 532, AND A CALLED 2.356 ACRE TRACT OUT OF THE F. K. |
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HENDERSON SURVEY, ABSTRACT 248, MONTGOMERY COUNTY, TEXAS, BOTH OF |
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SAID TRACTS BEING DESCRIBED IN DEED FROM ARNOLD H. MIERS TO RANDAL |
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A. HENDRICKS, TRUSTEE, BEING OF RECORD UNDER COUNTY CLERK'S FILE |
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NUMBER 8523408 IN THE REAL PROPERTY RECORDS OF MONTGOMERY COUNTY, |
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TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS |
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FOLLOWS: |
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BEGINNING at the Southwest corner of the Margaret Ella Watson |
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Subdivision, according to a map or plat of said subdivision being of |
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record in Volume 5, at Page 10, of the Map Records of Montgomery |
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County, Texas, same being the Southeast corner of the |
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aforementioned called 52.94 acre tract, for the most southerly |
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Southeast corner of the herein described tract; |
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THENCE North 15 degrees, 30 minutes, 05 seconds East, along the West |
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line of said Margaret Ella Watson Subdivision, same being the East |
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line of the aforementioned called 52.94 acre tract, a distance of |
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561.91 feet to a point in said line being the Southwest corner of |
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Lot No. 2 of said subdivision; |
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THENCE South 47 degrees, 57 minutes, 14 seconds East, along the |
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common line of Lot No. 1 and Lot No. 2 of said subdivision, a |
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distance of 348.57 feet to a point in the westerly right-of-way line |
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of Lower Willis-Montgomery Road being the most southerly corner of |
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said Lot No. 2; |
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THENCE North 42 degrees, 08 minutes, 34 seconds East, along said |
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westerly right-of-way line, a distance of 250.03 feet to the most |
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easterly corner of said Lot No. 2; |
|
THENCE North 48 degrees, 03 minutes, 02 seconds West, along the |
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common line of Lot No. 2 and Lot No. 3 of said Margaret Ella Watson |
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Subdivision, a distance of 473.50 feet to a point in the East line |
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of the aforementioned called 54.94 acre tract being the most |
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northerly corner of said Lot No. 2; |
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THENCE North 15 degrees, 30 minutes, 05 seconds East, along the East |
|
line of said called 52.94 acre tract, same being the West line of |
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the Margaret Ella Watson Subdivision, a distance of 803.15 feet to |
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the point of intersection of said line with a non-tangent curve to |
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the right; |
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THENCE, departing from said East line, along said curve to the right |
|
having a radius of 2,640.00 feet, a central angle of 20 degrees, 27 |
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minutes, 54 seconds, and a chord bearing North 67 degrees, 01 |
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minute, 49 seconds West 937.95 feet, a distance of 942.96 feet to |
|
the point of intersection of said curve with the North line of the |
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aforementioned called 52.94 acre tract; |
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THENCE North 74 degrees, 41 minutes, 20 seconds West, along the |
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North line of said called 52.94 acre tract, a distance of 373.90 |
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feet to the Northwest corner of said called 52.94 acre tract, said |
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point lying in the East line of a certain adjacent called 139.788 |
|
acre tract described in deed from Barclay-Anderson & Company, Inc. |
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to Randal A. Hendricks, Trustee being of record under County |
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Clerk's File Number 8258092 in the Real Property Records of |
|
Montgomery County; |
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THENCE South 15 degrees, 29 minutes, 55 seconds West, along the West |
|
line of said called 52.94 acre tract, same being the East line of |
|
said called 139.788 acre tract, a distance of 1,768.75 feet to a |
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point in the South line of the aforementioned Uriah Springer Survey |
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being the Southeast corner of said called 139.788 acre tract , being |
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the Southwest corner of said called 52.94 acre tract and the |
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Southwest corner of the tract herein described; |
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THENCE South 74 degrees, 41 minutes, 34 seconds East, along said |
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South line of the Uriah Springer Survey, same being the South line |
|
of said called 52.94 acre tract and the North line of a certain |
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adjacent called 211.346 acre tract described in deed from |
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Barclay-Anderson & Company, Inc. to Randal Arlan Hendricks, Trustee |
|
being of record under County Clerk's File Number 8258092 in the Real |
|
Property Records of Montgomery County, a distance of 1,303.82 feet |
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to the PLACE OF BEGINNING and containing 53.3594 acres of land, more |
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or less. |
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TRACT NO. 5 |
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FIELD NOTES FOR A 84.9540 ACRE TRACT OF LAND IN THE URIAH SPRINGER |
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SURVEY, ABSTRACT 532, MONTGOMERY COUNTY, TEXAS, BEING A PART AND |
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OUT OF THAT CERTAIN CALLED 139.788 ACRE TRACT DESCRIBED IN DEED FROM |
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BARCLAY-ANDERSON & COMPANY, INC. TO RANDAL ARLAN HENDRICKS, |
|
TRUSTEE, BEING OF RECORD UNDER COUNTY CLERK'S FILE NUMBER 8258092 |
|
IN THE REAL PROPERTY RECORDS OF MONTGOMERY COUNTY, SAID 84.9540 |
|
ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS |
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FOLLOWS: |
|
BEGINNING at a point in the South line of the Uriah Springer Survey, |
|
being the Southeast corner of a certain adjacent 50 acre Moran |
|
Corporation tract being of record in Volume 724, at Page 590 of the |
|
Deed Records of Montgomery County, Texas, same being the westerly |
|
Southeast corner of the aforementioned called 139.788 acre tract |
|
and being in the North line of a certain adjacent called 211.346 |
|
acre tract described in the aforementioned deed from |
|
Barclay-Anderson & Company, Inc., to Randal Arlan Hendricks, |
|
Trustee; |
|
THENCE South 77 degrees, 49 minutes, 44 seconds East, along the |
|
common line of said 139.788 acre and 211.346 acre tracts, a distance |
|
of 541.97 feet to the Southwest corner of a certain adjacent called |
|
52.94 acre tract described in deed from Arnold H. Meiers to Randal |
|
A. Hendricks, Trustee, being of record under County Clerk's File |
|
Number 8523408 in the Real Property Records of Montgomery County, |
|
said point being the most easterly Southeast corner of the |
|
aforementioned called 139.788 acre tract and the herein described |
|
84.9540 acre tract; |
|
THENCE North 14 degrees, 59 minutes, 23 seconds East, along the |
|
common line of said called 52.94 acre and 139.788 acre tracts and |
|
being the East line of the tract herein described, a distance of |
|
1,769.74 feet to the Northwest corner of said 52.94 acre tract; |
|
THENCE North 15 degrees, 01 minute, 37 seconds East, continuing |
|
along the East line of said called 139.788 acre tract, a distance of |
|
88.11 feet to a point in said line being the Southeast corner of the |
|
aforementioned called 18.33 acre tract; |
|
THENCE North 75 degrees, 19 minutes, 10 seconds West, along the |
|
South line of said 18.33 acre tract, a distance of 442.02 feet to |
|
the Southwest corner of said tract; |
|
THENCE North 14 degrees, 30 minutes, 23 seconds East, along the West |
|
line of said 18.33 acre tract; a distance of 354.20 feet to the |
|
point of intersection of said line with a non-tangent curve to the |
|
right; |
|
THENCE in a northwesterly direction along said curve to the right |
|
having a radius of 2,640.00 feet, a central angle of 09 degrees, 35 |
|
minutes, 16 seconds and a chord bearing North 31 degrees, 42 |
|
minutes, 27 seconds West 441.26 feet, a distance of 441.78 feet to |
|
the Point of Tangency of said curve; |
|
THENCE North 26 degrees, 54 minutes, 48 seconds West a distance of |
|
632.96 feet to the Point of Curvature of a curve to the right; |
|
THENCE in a northwesterly direction along said curve to the right |
|
having a radius of 2,640.00 feet, a central angle of 23 degrees, 23 |
|
minutes, 23 seconds and a chord bearing North 15 degrees, 28 |
|
minutes, 37 seconds West 1,070.26 feet, a distance of 1,077.73 feet |
|
to the point of intersection of said curve with the southerly |
|
right-of-way line of F. M. Highway No. 1097; |
|
THENCE North 75 degrees, 19 minutes, 46 seconds West, along the |
|
southerly right-of-way line of F. M. Highway No. 1097, same being |
|
the North line of the aforementioned called 139.788 acre tract and |
|
the North line of the herein described 84.9540 acre tract, a |
|
distance of 350.08 feet to the Northwest corner of said called |
|
139.788 acre tract, same being the point of intersection of said |
|
southerly right-of-way line with the easterly right-of-way line of |
|
Thompson Road; |
|
THENCE South 15 degrees, 17 minutes 24 seconds West, along said |
|
easterly right-of-way line of Thompson Road and being the West line |
|
of the aforementioned called 139.788 acre tract, a distance of |
|
2,147.02 feet to a point in said line being the Northwest corner of |
|
a certain adjacent called 4.377 acre tract described in deed from |
|
Randal Arlan Hendricks, Trustee, to GTE Mobilnet of South Texas |
|
Limited Partnership being of record under County Clerk's File |
|
Number 9653436 in the Real Property Records of Montgomery County; |
|
THENCE South 74 degrees, 51 minutes, 09 seconds West, along the |
|
North line of said called 4.377 acre tract, a distance of 465.00 |
|
feet to the Northeast corner of said tract; |
|
THENCE South 15 degrees, 17 minutes, 24 seconds East, along the East |
|
line of said tract, a distance of 410.00 feet to the Southeast |
|
corner of said tract, said point lying in the North line of the |
|
aforementioned called 50 acre Moran Corporation tract; |
|
THENCE South 74 degrees, 51 minutes, 09 seconds East, along said |
|
North line, a distance of 1,092.46 feet to the Northeast corner of |
|
said called 50 acre tract; |
|
THENCE South 15 degrees, 09 minutes, 00 seconds West, along the East |
|
line of said 50 acre tract, a distance of 1,369.30 feet to the PLACE |
|
OF BEGINNING, and containing 84.9540 acres of land, more or less. |
|
TRACT NO. 6 |
|
FIELD NOTES FOR A CALLED 105.3609 ACRE TRACT OF LAND IN THE F. K. |
|
HENDERSON SURVEY, ABSTRACT 248, MONTGOMERY COUNTY, TEXAS, BEING A |
|
PART AND OUT OF A CERTAIN CALLED 349.99 ACRE TRACT DESCRIBED IN DEED |
|
FROM RANDAL A. HENDRICKS, TRUSTEE, TO RANDAL ARLAN HENDRICKS, |
|
TRUSTEE DATED DECEMBER 17, 1974 AND BEING OF RECORD IN VOLUME 878, |
|
AT PAGE 240, OF THE DEED RECORDS OF MONTGOMERY COUNTY, TEXAS, SAID |
|
CALLED 105.3609 ACRE TRACT BEING DESCRIBED MORE PARTICULARLY BY |
|
METES AND BOUNDS AS FOLLOWS: |
|
COMMENCING at a point in the westerly right-of-way line of |
|
Interstate Highway No. 45, said point being the Northeast corner of |
|
the aforementioned called 349.99 acre tract and the Northeast |
|
corner of a certain adjacent called 28.534 acre tract described in |
|
deed from Randal Arlan Hendricks, Trustee, to First Baptist Church |
|
of Willis being of record under County Clerk's File Number 9622769 |
|
in the Real Property Records of Montgomery County; |
|
THENCE South 14 degrees, 28 minutes, 41 seconds East, along the |
|
westerly right-of-way line of Interstate Highway No. 45, same being |
|
the common easterly line of said called 349.99 acre and 28.534 acre |
|
tracts, a distance of 1,053.82 feet to a point in said line being |
|
the Southeast corner of said called 28.534 acre tract; |
|
THENCE, continuing South 14 degrees, 28 minutes, 41 seconds East, |
|
along the westerly right-of-way line of Interstate Highway No. 45, |
|
same being the easterly line of said called 349.99 acre tract, a |
|
distance of 214.44 feet to an angle point in said line; |
|
THENCE, continuing along the westerly right-of-way line of |
|
Interstate Highway No. 45, same being the easterly line of said |
|
called 349.99 acre tract, with the following courses and distances: |
|
South 15 degrees, 05 minutes, 21 seconds East, 701.77 feet to an |
|
angle point; |
|
South 15 degrees, 17 minutes, 05 seconds East, 500.43 feet to an |
|
angle point; |
|
South 12 degrees, 03 minutes, 45 seconds East, 600.07 feet to an |
|
angle point; |
|
THENCE, continuing along the westerly right-of-way line of |
|
Interstate Highway No. 45, same being the easterly line of said |
|
called 349.99 acre tract, South 16 degrees, 28 minutes, 29 seconds |
|
East, 624.32 feet to a point in said line for the Northeast corner |
|
and PLACE OF BEGINNING of the herein described called 105.3609 acre |
|
tract; |
|
THENCE, continuing South 16 degrees, 28 minutes, 29 seconds East |
|
along the westerly right-of-way line of Interstate Highway No. 45, |
|
same being the easterly line of said called 349.99 acre tract and |
|
the easterly line of the tract herein described, a distance of 75.85 |
|
feet to an angle point; |
|
THENCE South 09 degrees, 05 minutes, 49 seconds East, continuing |
|
along said westerly right-of-way line of Interstate Highway No. 45, |
|
same being the easterly line of said called 349.99 acre tract and |
|
the easterly line of the tract herein described, a distance of |
|
726.72 feet to a point in said line being the Southeast corner of |
|
said called 349.99 acre tract, for the Southeast corner of the |
|
herein described 105.3609 acre tract; |
|
THENCE South 75 degrees, 02 minutes, 51 seconds West, along the |
|
South line of said called 349.99 acre tract and being the South line |
|
of the tract herein described, 1,391.51 feet to an angle point in |
|
said line; |
|
THENCE South 80 degrees, 35 minutes, 59 seconds West, along the |
|
South line of said called 349.99 acre tract, a distance of 230.95 |
|
feet to the most southerly Southeast corner of said called 349.99 |
|
acre tract; |
|
THENCE North 74 degrees, 49 minutes, 35 seconds West, along the |
|
South line of said called 349.99 acre tract, a distance of 169.00 |
|
feet to a point for corner; |
|
THENCE, continuing along the South line of said called 349.99 acre |
|
tract, with the following courses and distances: |
|
North 74 degrees, 03 minutes, 07 seconds West, 319.46 feet to an |
|
angle point; |
|
North 72 degrees, 39 minutes, 50 seconds West, 325.00 feet to an |
|
angle point; |
|
North 74 degrees, 05 minutes, 35 seconds West, 299.30 feet to an |
|
angle point; |
|
North 74 degrees, 19 minutes, 35 seconds West, 100.70 feet to an |
|
angle point; |
|
North 73 degrees, 44 minutes, 35 seconds West, 298.00 feet to an |
|
angle point; |
|
North 74 degrees, 57 minutes, 35 seconds West, 300.00 feet to an |
|
angle point; |
|
North 72 degrees, 26 minutes, 35 seconds West, 200.00 feet to an |
|
angle point; |
|
North 76 degrees, 11 minutes, 35 seconds West, 200.00 feet to an |
|
angle point; |
|
North 73 degrees, 55 minutes, 35 seconds West, 205.00 feet to an |
|
angle point; |
|
North 76 degrees, 30 minutes, 35 seconds West, 195.00 feet to an |
|
angle point; |
|
North 75 degrees, 16 minutes, 35 seconds West, 450.00 feet to an |
|
angle point; |
|
North 75 degrees, 48 minutes, 35 seconds West, 385.00 feet to an |
|
angle point; |
|
North 79 degrees, 37 minutes, 35 seconds West, 205.00 feet to an |
|
angle point; |
|
THENCE North 74 degrees, 49 minutes, 35 seconds West, continuing |
|
along said South line, a distance of 451.31 feet to the point of |
|
intersection of said line with the easterly right-of-way line of |
|
Willis-Montgomery Road (70' R-O-W), said point being the Southwest |
|
corner of said called 349.99 acre tract and the Southwest corner of |
|
the herein described called 105.3609 acre tract; |
|
THENCE North 42 degrees, 06 minutes, 00 seconds East along said |
|
easterly right-of-way line of Willis-Montgomery Road, same being |
|
the Northwest line of the aforementioned called 349.99 acre tract |
|
and the Northwest line of the tract herein described, a distance of |
|
1,622.72 feet to the point of intersection of said line with a |
|
non-tangent curve to the left; |
|
THENCE in an easterly direction along said curve to the left having |
|
a radius of 2,640.00 feet, a central angle of 69 degrees, 50 |
|
minutes, 46 seconds, a chord bearing South 65 degrees, 09 minutes, |
|
06 seconds East 3,022.67 feet, for a distance of 3,218.28 feet to |
|
the point of intersection of said curve with a second non-tangent |
|
curve to the left; |
|
THENCE in an easterly direction along said curve to the left having |
|
a radius of 2,640.00 feet, a central angle of 23 degrees, 22 |
|
minutes, 54 seconds, a chord bearing North 87 degrees, 12 minutes, |
|
46 seconds East 1,069.89 feet, for a distance of 1,077.35 feet to |
|
the Point of Tangency of said curve; |
|
THENCE North 75 degrees, 31 minutes, 19 seconds East a distance of |
|
511.01 feet to the PLACE OF BEGINNING, and containing 105.3609 |
|
acres of land, more or less. |
|
TRACT NO. 7 |
|
FIELD NOTES FOR A CALLED 201.00 ACRE TRACT OF LAND IN THE JAMES |
|
BUCHANAN SURVEY, ABSTRACT 100, MONTGOMERY COUNTY, TEXAS, BEING ALL |
|
THAT CERTAIN CALLED 246 ACRE TRACT DESCRIBED IN DEED FROM |
|
BARCLAY-ANDERSON & COMPANY, INC. TO RANDAL ARLAN HENDRICKS, |
|
TRUSTEE, BEING OF RECORD UNDER COUNTY CLERK'S FILE NUMBER 8258092 |
|
IN THE REAL PROPERTY RECORDS OF MONTGOMERY COUNTY, TEXAS, SAVE AND |
|
EXCEPT, ALL THAT CERTAIN CALLED 45.000 ACRE TRACT DESCRIBED IN DEED |
|
FROM RANDAL ARLAN HENDRICKS, TRUSTEE, TO WILLIS INDEPENDENT SCHOOL |
|
DISTRICT, BEING OF RECORD IN THE REAL PROPERTY RECORDS OF |
|
MONTGOMERY COUNTY, TEXAS UNDER COUNTY CLERK'S FILE NUMBER |
|
2001-112403, SAID 201.00 ACRE TRACT BEING MORE PARTICULARLY |
|
DESCRIBED BY METES AND BOUNDS AS FOLLOWS: |
|
BEGINNING at the most easterly Northeast corner of the |
|
aforementioned called 246 acre tract, same being the called |
|
Southeast corner of a certain adjacent 20.75 acre tract formerly |
|
being the property of L & M Lumber Company; |
|
THENCE North 75 degrees, 13 minutes, 16 seconds West, along the |
|
South line of said adjacent 20.75 acre tract, same being the most |
|
easterly North line of the aforementioned called 246 acre tract, a |
|
distance of 498.54 feet to a point for corner being the called |
|
Southwest corner of said 20.75 acre tract; |
|
THENCE North 15 degrees, 47 minutes, 46 seconds West, along the West |
|
line of said adjacent 20.75 acre tract, same being the most |
|
northerly Northeast line of the aforementioned called 246 acre |
|
tract, a distance of 1,285.13 feet to a point in the North line of |
|
the James Buchanan Survey being the called Northwest corner of said |
|
20.75 acre tract for the most northerly Northeast corner of said 246 |
|
acre tract, same being the most northerly Northeast corner of the |
|
herein described 201.00 acre tract; |
|
THENCE North 75 degrees, 09 minutes, 31 seconds West, along the |
|
North line of said Buchanan Survey, and being the North line of the |
|
aforementioned called 246 acre tract and the North line of the tract |
|
herein described, a distance of 1,179.70 feet to a point for the |
|
Northwest corner of said 246 acre tract, same being also the |
|
Northwest corner of the tract herein described; |
|
THENCE South 13 degrees, 48 minutes, 37 seconds West, along the West |
|
line of said called 246 acre tract, a distance of 4,987.28 feet to a |
|
point in the North right-of-way line of F. M. Highway No. 830 being |
|
the Southwest corner of said 246 acre tract and the Southwest corner |
|
of the herein described 201.00 acre tract; |
|
THENCE South 67 degrees, 22 minutes, 09 seconds East, along said |
|
North right-of-way line and being the South line of the |
|
aforementioned called 246 acre tract and the South line of the tract |
|
herein described, a distance of 547.42 feet to the point of |
|
curvature of a curve to the left; |
|
THENCE, continuing along said North right-of-way line, in an |
|
easterly direction along said curve to the left having a radius of |
|
3,758.11 feet, through a central angle of 01 degree, 35 minutes, 20 |
|
seconds for a distance of 104.21 feet to a point in said line being |
|
the Southwest corner of the aforementioned called 45.000 acre |
|
Willis Independent School District tract; |
|
THENCE North 14 degrees, 04 minutes, 58 seconds East, along the West |
|
line of said called 45.000 acre tract, a distance of 850.62 feet to |
|
the most westerly Northwest corner of said tract; |
|
THENCE South 75 degrees, 55 minutes, 02 seconds East, along the most |
|
westerly North line of said called 45.000 acre tract, a distance of |
|
750.00 feet to the most southerly Northwest corner of said tract; |
|
THENCE North 14 degrees, 04 minutes, 58 seconds East, along the most |
|
northerly Northwest line of said called 45.000 acre tract, a |
|
distance of 657.46 feet to the most northerly Northwest corner of |
|
said tract; |
|
THENCE South 75 degrees, 55 minutes, 02 seconds East, along the most |
|
easterly North line of said called 45.000 acre tract, a distance of |
|
900.00 feet to a point in the East line of the aforementioned called |
|
246 acre tract being the Northeast corner of said called 45.000 acre |
|
tract and the most easterly Southeast corner of the herein |
|
described 201.00 acre tract; |
|
THENCE North 14 degrees, 04 minutes, 58 seconds East, along the East |
|
line of said called 246 acre tract, a distance of 2,438.60 feet to |
|
the PLACE OF BEGINNING and containing 201.00 acres of land, more or |
|
less. |
|
TRACT NO. 8 |
|
FIELD NOTES FOR A 94.00 ACRE TRACT OF LAND IN THE JAMES BUCHANAN |
|
SURVEY, ABSTRACT 100, MONTGOMERY COUNTY, TEXAS, DESCRIBED IN DEED |
|
FROM BARCLAY-ANDERSON & COMPANY, INC., TO RANDAL ARLAN HENDRICKS, |
|
TRUSTEE, BEING OF RECORD UNDER COUNTY CLERK'S FILE NUMBER 8258092 |
|
IN THE REAL PROPERTY RECORDS OF MONTGOMERY COUNTY AND BEING MORE |
|
PARTICULAR-LY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: |
|
BEGINNING at a point in the North line of the aforementioned James |
|
Buchanan Survey, from which the Northwest corner of the L. & M. |
|
Lumber Company 20.75 acre tract bears South 75 degrees, 09 minutes, |
|
31 seconds East a distance of 1,179.7 feet, same being the Northwest |
|
corner of a certain adjacent called 246 acre tract described in deed |
|
from Barclay-Anderson & Co. Inc. to Randal Arlan Hednricks, Trustee |
|
and being of record under County Clerk's File Number 8258092 in the |
|
real property records of Montgomery County and Northeast corner of |
|
the herein described 94.00 acre tract; |
|
THENCE South 13 degrees, 48 minutes, 37 seconds West, along the West |
|
line of said called 246 acre tract, same being the East line of the |
|
tract herein described, a distance of 4,987.28 feet to a point in |
|
the North right-of-way line of F. M. Highway No. 830 being the |
|
Southwest corner of said called 246 acre tract and the Southeast |
|
corner of the herein described 94.00 acre tract; |
|
THENCE North 67 degrees, 22 minutes, 09 seconds West, along said |
|
North right-of-way line, same being the South line of the herein |
|
described tract, a distance of 840.45 feet to a point in said line |
|
being the Southeast corner of a certain adjacent called 191.659 |
|
acre tract described in the aforementioned deed to Randal Arlan |
|
Hendricks, Trustee for the Southwest corner of the herein described |
|
94.00 acre tract; |
|
THENCE North 13 degrees, 48 minutes, 37 seconds East, along the East |
|
line of said called 191.659 acre tract, same being the West line of |
|
the tract herein described, a distance of 4,873.35 feet to a point |
|
in the aforementioned North line of the James Buchanan Survey being |
|
the Northeast corner of said 191.659 acre tract and the Northwest |
|
corner of the herein described 94.00 acre tract; |
|
THENCE South 75 degrees, 09 minutes, 32 seconds East, along the |
|
North line of the James Buchanan Survey, same being the South line |
|
of a certain adjacent called 321.6242 acre tract described in deed |
|
from Randal A. Hendricks, Trustee, to Randal Arlan Hendricks, |
|
Trustee being of record in Volume 878, at Page 240 in the Deed |
|
Records of Montgomery County, and the North line of the herein |
|
described tract, a distance of 830.64 feet to the PLACE OF BEGINNING |
|
and containing 94.00 acres of land, more or less. |
|
TRACT NO. 9 |
|
FIELD NOTES FOR AN 80.8895 ACRE TRACT OF LAND IN THE JAMES BUCHANAN |
|
SURVEY, ABSTRACT 100, MONTGOMERY COUNTY, TEXAS, BEING THAT SAME |
|
CALLED 80.883 ACRE TRACT DESCRIBED IN DEED FROM BARCLAY-ANDERSON & |
|
COMPANY, INC. TO RANDAL ARLAN HENDRICKS, TRUSTEE, BEING OF RECORD |
|
UNDER COUNTY CLERK'S FILE NUMBER 8258092 IN THE REAL PROPERTY |
|
RECORDS OF MONTGOMERY COUNTY, TEXAS AND BEING MORE PARTICULARLY |
|
DESCRIBED BY METES AND BOUNDS AS FOLLOWS: |
|
BEGINNING at the Southeast corner of the aforementioned called |
|
80.883 acre tract, same being the called Southeast corner of the |
|
James Buchanan Survey, Abstract 100; |
|
THENCE North 75 degrees, 09 minutes, 45 seconds West, along the |
|
South line of said Buchanan Survey, a distance of 4,549.85 feet to |
|
the Southeast corner of a certain called 112.658 acre tract |
|
described in deed from C. A. Johnson to Floyd L. McNutt dated June |
|
12, 1968 and being of record in Volume 664, at Page 537, of the Deed |
|
Records of Montgomery County, Texas for the point for the Southwest |
|
corner of the herein described tract; |
|
THENCE North 13 degrees, 10 minutes, 20 seconds East, along the East |
|
line of said called 112.658 acre tract, a distance of 1,064.68 feet |
|
to a point in the South right-of-way line of F. M. Highway No. 830 |
|
(120' R-O-W) for the Northwest corner of the herein described |
|
tract, said point lying in a non-tangent curve to the left; |
|
THENCE along said South right-of-way line of F. M. Highway No. 830, |
|
same being the North line of the herein described tract, in a |
|
southeasterly direction with said curve to the left having a radius |
|
of 3,795.04 feet and a chord bearing South 63 degrees, 36 minutes, |
|
38 seconds East 476.82 feet, a distance of 477.14 feet to the Point |
|
of Tangency of said curve; |
|
THENCE South 67 degrees 22 minutes, 09 seconds East, continuing |
|
along said South right-of-way line, a distance of 2,360.58 feet to |
|
the Point of Curvature of a curve to the left; |
|
THENCE, continuing along said South right-of-way line, around said |
|
curve to the left having a radius of 3,878.12 feet and a central |
|
angle of 24 degrees, 15 minutes, 50 seconds, a distance of 1,642.33 |
|
feet to the Point of Tangency of said curve; |
|
THENCE North 88 degrees, 22 minutes, 00 seconds East, continuing |
|
along said South right-of-way line of F. M. Highway No. 830, a |
|
distance of 149.74 feet to a point being the Northeast corner of the |
|
aforementioned called 80.883 acre tract, for the Northeast corner |
|
of the herein described tract; |
|
THENCE South 14 degrees, 25 minutes, 40 seconds West a distance of |
|
814.11 feet to the PLACE OF BEGINNING and containing 80.8895 acres |
|
of land, more or less. |
|
TRACT NO. 10 |
|
FIELD NOTES FOR A 188.0782 ACRE TRACT OF LAND IN THE JAMES BUCHANAN |
|
SURVEY, ABSTRACT 100, MONTGOMERY COUNTY, TEXAS, BEING THAT SAME |
|
TRACT DESCRIBED AS 191.659 ACRES IN DEED FROM BARCLAY-ANDERSON & |
|
COMPANY, INC. TO RANDAL ARLAN HENDRICKS, TRUSTEE, BEING OF RECORD |
|
UNDER COUNTY CLERK'S FILE NUMBER 8258092 IN THE REAL PROPERTY |
|
RECORDS OF MONTGOMERY COUNTY, TEXAS SAVE AND EXCEPT A 40-FOOT WIDE |
|
STRIP LOCATED WITHIN THE RIGHT-OF-WAY OF WILLIS-MONTGOMERY ROAD AND |
|
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: |
|
COMMENCING at a point in the called North line of the James Buchanan |
|
Survey, being the Northwest corner of a certain called 20.75 acre L & |
|
M Lumber Company tract, same being also the most northerly |
|
Northeast corner of a certain called 246 acre tract described in the |
|
aforementioned deed from Barclay-Anderson & Company, Inc. to Randal |
|
Arlan Hendricks, Trustee; |
|
THENCE North 75 degrees, 09 minutes, 31 seconds West, along the |
|
called North line of the James Buchanan Survey, a distance of |
|
2,010.34 feet to a point in said line being the Northwest corner of |
|
a certain adjacent called 94.0 acre tract described in the |
|
aforementioned deed from Barclay-Anderson & Company, Inc. to Randal |
|
Arlan Hendricks, Trustee, for the Northeast corner and PLACE OF |
|
BEGINNING of the herein described 188.0782 acre tract; |
|
THENCE, continuing North 75 degrees, 09 minutes, 31 seconds West, |
|
along the North line of the Buchanan Survey and being the North line |
|
of the tract herein described, a distance of 974.66 feet to the |
|
point of intersection of said line with the easterly right-of-way |
|
line of Willis-Montgomery Road (80' R-O-W) for the Northwest corner |
|
of the tract herein described; |
|
THENCE South 41 degrees, 37 minutes, 13 seconds West, along said |
|
easterly right-of-way line of Willis-Montgomery Road, a distance of |
|
3,906.73 feet to a point in said line being the intersection of said |
|
line with the Northwest line of a certain called 34.3175 acre tract |
|
described in deed from 830 Park, Ltd. to Randal A. Hendricks, |
|
Trustee, being of record under County Clerk's File Number 8208404 |
|
in the Real Property Records of Montgomery County, for the most |
|
westerly Southwest corner of the herein described tract; |
|
THENCE North 74 degrees, 17 minutes, 58 seconds East, along said |
|
Northwest line, a distance of 404.57 feet to a point for corner |
|
being the most northerly Northwest corner of the aforementioned |
|
called 34.3175 acre tract; |
|
THENCE South 76 degrees, 10 minutes, 11 seconds East, along the |
|
North line of said called 34.3175 acre tract, a distance of 983.35 |
|
feet to the Northeast corner of said tract; |
|
THENCE South 13 degrees, 10 minutes, 20 seconds West, along the East |
|
line of said called 34.3175 acre tract, a distance of 1,375.10 feet |
|
to a point in the North right-of-way line of F. M. Highway No. 830 |
|
being the Southeast corner of said tract, for the most southerly |
|
Southwest corner of the herein described 188.0782 acre tract, said |
|
point lying in a curve to the left; |
|
THENCE in a southeasterly direction with the long chord of said |
|
curve to the left, South 63 degrees, 23 minutes, 53 seconds East for |
|
a distance of 497.55 feet to a point for corner; |
|
THENCE, continuing with the North right-of-way line of F. M. |
|
Highway No. 830, South 67 degrees, 22 minutes, 09 seconds East for a |
|
distance of 972.71 feet to the Southwest corner of the |
|
aforementioned called 94.0 acre tract for the Southeast corner of |
|
the herein described 188.0782 acre tract; |
|
THENCE North 13 degrees, 48 minutes, 37 seconds East, along the West |
|
line of said called 94.0 acre tract, a distance of 4,873.35 feet to |
|
the PLACE OF BEGINNING and containing 188.0782 acres of land, more |
|
or less. |
|
(b) The Montgomery County Municipal Utility District No. |
|
129 initially includes all the territory contained in the following |
|
area: |
|
TRACT NO. 1 |
|
FIELD NOTES FOR A CALLED 29.1602 ACRE TRACT OF LAND IN THE URIAH |
|
SPRINGER SURVEY, ABSTRACT 532, MONTGOMERY COUNTY, TEXAS, BEING A |
|
PART AND OUT OF A CERTAIN CALLED 139.788 ACRE TRACT DESCRIBED IN |
|
DEED FROM BARCLAY-ANDERSON & COMPANY, INC. TO RANDAL ARLAN |
|
HENDRICKS, TRUSTEE, BEING OF RECORD UNDER COUNTY CLERK'S FILE |
|
NUMBER 8258092 IN THE REAL PROPERTY RECORDS OF MONTGOMERY COUNTY, |
|
SAID CALLED 29.1602 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY |
|
METES AND BOUNDS AS FOLLOWS: |
|
BEGINNING at a point in the southerly right-of-way line of F. M. |
|
Highway No. 1097 being the Northwest corner of a certain called |
|
18.33 acre tract described in deed from Randal Arlan Hendricks, |
|
Trustee to Smith Memorial Park being of record in County Clerk's |
|
File Number 2004-040916 in the Real Property Records of Montgomery |
|
County and being the Northeast corner of the herein described |
|
tract; |
|
THENCE South 14 degrees, 30 minutes, 23 seconds West, along the West |
|
line of said called 18.33 acre tract, same being the East line of |
|
the tract herein described, a distance of 1,703.37 feet to the point |
|
intersection of said line with a non-tangent curve to the right, |
|
said point of intersection being also the Southeast corner of the |
|
herein described called 29.1602 acre tract; |
|
THENCE in a northwesterly direction along said curve to the right |
|
having a radius of 2,640.00 feet, a central angle of 09 degrees, 35 |
|
minutes, 16 seconds and a chord bearing North 31 degrees, 42 |
|
minutes, 27 seconds West 441.26 feet, a distance of 441.78 feet to |
|
the Point of Tangency of said curve; |
|
THENCE North 26 degrees, 54 minutes, 48 seconds West a distance of |
|
632.96 feet to the Point of Curvature of a curve to the right; |
|
THENCE in a northwesterly direction along said curve to the right |
|
having a radius of 2,640.00 feet, a central angle of 23 degrees, 23 |
|
minutes, 23 seconds and a chord bearing North 15 degrees, 28 |
|
minutes, 37 seconds West 1,070.26 feet, a distance of 1,077.73 feet |
|
to the point of intersection of said curve with the aforementioned |
|
southerly right-of-way line of F. M. Highway No. 1097 for the |
|
Northwest corner of the herein described tract; |
|
THENCE South 75 degrees, 19 minutes, 46 seconds East, along said |
|
right-of-way line, same being the North line of the aforementioned |
|
called 139.788 acre tract and the North line of the tract herein |
|
described, a distance of 1,272.17 feet to the PLACE OF BEGINNING and |
|
containing 29.1602 acres of land, more or less. |
|
TRACT NO. 2 |
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FIELD NOTES FOR A CALLED 216.2634 ACRE TRACT OF LAND IN THE F. K. |
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HENDERSON SURVEY, ABSTRACT 248, MONTGOMERY COUNTY, TEXAS, BEING A |
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PART AND OUT OF A CERTAIN CALLED 349.99 ACRE TRACT DESCRIBED IN DEED |
|
FROM RANDAL A. HENDRICKS, TRUSTEE, TO RANDAL ARLAN HENDRICKS, |
|
TRUSTEE DATED DECEMBER 17, 1974 AND BEING OF RECORD IN VOLUME 878, |
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AT PAGE 240, OF THE DEED RECORDS OF MONTGOMERY COUNTY, TEXAS, SAID |
|
CALLED 216.2634 ARE TRACT BEING DESCRIBED MORE PARTICULARLY BY |
|
METES AND BOUNDS AS FOLLOWS: |
|
COMMENCING at a point in the westerly right-of-way line of |
|
Interstate Highway No. 45, said point being the Northeast corner of |
|
the aforementioned called 349.99 acre tract and the Northeast |
|
corner of a certain adjacent called 28.534 acre tract described in |
|
deed from Randal Arlan Hendricks, Trustee, to First Baptist Church |
|
of Willis being of record under County Clerk's File Number 9622769 |
|
in the Real Property Records of Montgomery County; |
|
THENCE South 14 degrees, 28 minutes, 41 seconds East, along the |
|
westerly right-of-way line of Interstate Highway No. 45, same being |
|
the common easterly line of said called 349.99 acre and 28.534 acre |
|
tracts, a distance of 1,053.82 feet to a point in said line being |
|
the Southeast corner of said called 28.534 acre tract, for the PLACE |
|
OF BEGINNING of the herein described 216.2634 acre tract; |
|
THENCE, continuing South 14 degrees, 28 minutes, 41 seconds East, |
|
along the westerly right-of-way line of Interstate Highway No. 45, |
|
same being the easterly line of said called 349.99 acre tract and |
|
the easterly line of the tract herein described, a distance of |
|
214.44 feet to an angle point in said line; |
|
THENCE, continuing along the westerly right-of-way line of |
|
Interstate Highway No. 45, same being the easterly line of said |
|
called 349.99 acre tract and the easterly line of the tract herein |
|
described, with the following courses and distances: |
|
South 15 degrees, 05 minutes, 21 seconds East, 701.77 feet to an |
|
angle point; |
|
South 15 degrees, 17 minutes, 05 seconds East, 500.43 feet to an |
|
angle point; |
|
South 12 degrees, 03 minutes, 45 seconds East, 600.07 feet to an |
|
angle point; |
|
THENCE, continuing along the westerly right-of-way line of |
|
Interstate Highway No. 45, same being the easterly line of said |
|
called 349.99 acre tract and the easterly line of the tract herein |
|
described, South 16 degrees, 28 minutes, 29 seconds East, 624.32 |
|
feet to a point in said line for the most easterly Southeast corner |
|
of the herein described tract; |
|
THENCE, departing from said westerly right-of-way line, South 75 |
|
degrees, 31 minutes, 19 seconds West a distance of 511.01 feet to |
|
the Point of Curvature of a curve to the right; |
|
THENCE in a westerly direction along said curve to the right having |
|
a radius of 2,640.00 feet, a central angle of 23 degrees, 22 |
|
minutes, 54 seconds and a chord bearing South 87 degrees, 12 |
|
minutes, 46 seconds West 1,069.89 feet, a distance of 1,077.35 feet |
|
to the point of intersection of said curve with a non-tangent curve |
|
to the right; |
|
THENCE in a westerly direction along said curve to the right having |
|
a radius of 2,640.00 feet, a central angle of 69 degrees, 50 |
|
minutes, 46 seconds and a chord bearing North 65 degrees, 09 |
|
minutes, 06 seconds West 3,022.67 feet, a distance of 3,218.28 feet |
|
to the point of intersection of said curve with the easterly |
|
right-of-way line of Willis-Montgomery Road (70' R-O-W) for the |
|
Southwest corner of the herein described tract; |
|
THENCE North 42 degrees, 06 minutes, 00 seconds East along said |
|
easterly right-of-way line of Willis-Montgomery Road, same being |
|
the Northwest line of the aforementioned called 349.99 acre tract |
|
and the Northwest line of the tract herein described, a distance of |
|
2,741.82 feet to a point in said line being the most westerly |
|
Northwest corner of a certain called 28.534 acre tract described in |
|
deed from Randal Arlan Hendricks, Trustee to First Baptist Church |
|
of Willis dated April 11, 1969 and being of record under County |
|
Clerk's File Number 9622769 in the Real Property Records of |
|
Montgomery County, Texas and being also the Southwest corner of a |
|
30-foot wide access easement described in Exhibit "B" to said deed; |
|
THENCE North 74 degrees, 45 minutes, 38 seconds East along the South |
|
line of said 30-foot wide access easement, and being parallel to and |
|
30.00 feet at right angles in a southerly direction from the North |
|
line of said called 349.99 acre tract, a distance of 252.47 feet to |
|
a reentrant corner of the aforementioned called 28.534 acre tract; |
|
THENCE South 14 degrees, 28 minutes, 41 seconds East, along the most |
|
westerly Southwest line of said called 28.534 acre tract, a |
|
distance of 796.93 feet to the most westerly southwest corner of |
|
said tract; |
|
THENCE North 75 degrees, 31 minutes, 19 seconds East, along the most |
|
westerly South line of said called 28.534 acre tract, a distance of |
|
845.00 feet to a point for corner; |
|
THENCE South 14 degrees, 28 minutes, 41 seconds East, along the most |
|
southerly southwest line of said called 28.534 acre tract, a |
|
distance of 209.00 feet to the most southerly corner of said called |
|
28.534 acre tract; |
|
THENCE North 75 degrees, 31 minutes, 09 seconds East, along the most |
|
easterly South line of said called 28.534 acre tract, a distance of |
|
500.01 feet (being called North 75 degrees, 31 minutes, 19 seconds |
|
East 500.00 feet in the aforementioned 28.534 acre deed) to the |
|
PLACE OF BEGINNING and containing 216.2634 acres of land, more or |
|
less. |
|
TRACT NO. 3 |
|
FIELD NOTES FOR A CALLED 1.9381 ACRE TRACT OF LAND IN THE URIAH |
|
SPRINGER SURVEY, ABSTRACT 532, BEING A PART AND OUT OF A CERTAIN |
|
CALLED 52.94 ACRE TRACT DESCRIBED IN DEED FROM ARNOLD H. MIERS TO |
|
RANDAL A. HENDRICKS, TRUSTEE, BEING OF RECORD UNDER COUNTY CLERK'S |
|
FILE NUMBER 8523408 IN THE REAL PROPERTY RECORDS OF MONTGOMERY |
|
COUNTY, TEXAS, SAID CALLED 1.9381 ACRE TRACT BEING MORE |
|
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: |
|
BEGINNING at the Northeast corner of the aforementioned called |
|
52.94 acre tract, same being the Southeast corner of Lot 26, Block |
|
2, Hilltop Village Subdivision, according to a map or plat of said |
|
subdivision being of record in Cabinet "E", Slide 110-B, in the Map |
|
Records of Montgomery County, Texas; |
|
THENCE South 15 degrees, 30 minutes, 05 seconds West, along the East |
|
line of said called 52.94 acre tract, same being the West line of |
|
the Margaret Ella Watson Subdivision according to a map or plat of |
|
said subdivision being of record in Volume 5, at Page 10, of the Map |
|
Records of Montgomery County, a distance of 125.00 feet to the point |
|
of intersection of said line with a non-tangent curve to the right; |
|
THENCE in a westerly direction along said curve to the right, having |
|
a radius of 2,640.00 feet, a central angle of 20 degrees, 27 |
|
minutes, 53 seconds and a chord bearing North 67 degrees, 02 |
|
minutes, 04 seconds West 937.94 feet, a distance of 942.95 feet to |
|
the point of intersection of said curve with the North line of the |
|
aforementioned called 52.94 acre tract; |
|
THENCE South 74 degrees, 41 minutes, 35 seconds East, along the |
|
North line of said called 52.94 acre tract (being called South 74 |
|
degrees, 41 minutes, 20 seconds East in the aforementioned 52.94 |
|
acre deed), a distance of 930.00 feet to the PLACE OF BEGINNING and |
|
containing 1.9381 acres of land, more or less. |
|
SECTION 3. (a) The legal notice of the intention to |
|
introduce this Act, setting forth the general substance of this |
|
Act, has been published as provided by law, and the notice and a |
|
copy of this Act have been furnished to all persons, agencies, |
|
officials, or entities to which they are required to be furnished |
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
Government Code. |
|
(b) The governor, one of the required recipients, has |
|
submitted the notice and Act to the Texas Commission on |
|
Environmental Quality. |
|
(c) The Texas Commission on Environmental Quality has filed |
|
its recommendations relating to this Act with the governor, the |
|
lieutenant governor, and the speaker of the house of |
|
representatives within the required time. |
|
(d) All requirements of the constitution and laws of this |
|
state and the rules and procedures of the legislature with respect |
|
to the notice, introduction, and passage of this Act are fulfilled |
|
and accomplished. |
|
SECTION 4. This Act takes effect September 1, 2009. |