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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the Montgomery County Water Control and |
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Improvement District No. 2; providing authority to impose a tax and |
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issue bonds; granting a limited power of eminent domain. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle I, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 9041 to read as follows: |
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CHAPTER 9041. MONTGOMERY COUNTY WATER CONTROL AND IMPROVEMENT |
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DISTRICT NO. 2 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 9041.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Director" means a board member. |
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(3) "District" means the Montgomery County Water |
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Control and Improvement District No. 2. |
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Sec. 9041.002. NATURE OF DISTRICT. The district is a water |
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control and improvement district created under Section 59, Article |
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XVI, Texas Constitution. |
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Sec. 9041.003. CONFIRMATION AND DIRECTORS' ELECTION |
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REQUIRED. The temporary directors shall hold an election to |
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confirm the creation of the district and to elect five permanent |
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directors as provided by Section 49.102, Water Code. |
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Sec. 9041.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 9041.003 |
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until each municipality in whose corporate limits or |
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extraterritorial jurisdiction the district is located has |
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consented by ordinance or resolution to the creation of the |
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district and to the inclusion of land in the district. |
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Sec. 9041.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. |
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(a) The district is created to serve a public purpose and benefit. |
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(b) The district is created to accomplish the purposes of a |
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water control and improvement district as provided by general law |
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and Section 59, Article XVI, Texas Constitution. |
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Sec. 9041.006. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act creating this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act creating this chapter form a closure. A mistake made in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for the purposes |
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for which the district is created or to pay the principal of and |
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interest on a bond; |
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(3) right to impose a tax; or |
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(4) legality or operation. |
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[Sections 9041.007-9041.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 9041.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five elected directors. |
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(b) Except as provided by Section 9041.052, directors serve |
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staggered four-year terms. |
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Sec. 9041.052. TEMPORARY DIRECTORS. (a) On or after the |
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effective date of the Act creating this chapter, the owner or owners |
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of a majority of the assessed value of the real property in the |
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district may submit a petition to the Texas Commission on |
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Environmental Quality requesting that the commission appoint as |
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temporary directors the five persons named in the petition. The |
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commission shall appoint as temporary directors the five persons |
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named in the petition. |
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(b) Temporary directors serve until the earlier of: |
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(1) the date permanent directors are elected under |
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Section 9041.003; or |
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(2) the fourth anniversary of the effective date of |
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the Act creating this chapter. |
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(c) If permanent directors have not been elected under |
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Section 9041.003 and the terms of the temporary directors have |
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expired, successor temporary directors shall be appointed or |
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reappointed as provided by Subsection (d) to serve terms that |
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expire on the earlier of: |
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(1) the date permanent directors are elected under |
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Section 9041.003; or |
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(2) the fourth anniversary of the date of the |
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appointment or reappointment. |
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(d) If Subsection (c) applies, the owner or owners of a |
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majority of the assessed value of the real property in the district |
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may submit a petition to the Texas Commission on Environmental |
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Quality requesting that the commission appoint as successor |
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temporary directors the five persons named in the petition. The |
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commission shall appoint as successor temporary directors the five |
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persons named in the petition. |
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[Sections 9041.053-9041.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 9041.101. GENERAL POWERS AND DUTIES. The district has |
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the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 9041.102. WATER CONTROL AND IMPROVEMENT DISTRICT |
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POWERS AND DUTIES. (a) The district has the powers and duties |
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provided by the general law of this state, including Chapters 49 and |
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51, Water Code, applicable to water control and improvement |
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districts created under Section 59, Article XVI, Texas |
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Constitution. |
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(b) The powers and duties authorized under Subsection (a) |
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shall specifically include the powers authorized under Subchapter |
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H, Chapter 51, Water Code. |
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Sec. 9041.103. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE |
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OR RESOLUTION. The district shall comply with all applicable |
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requirements of any ordinance or resolution that is adopted under |
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Section 42.042 or 42.0425, Local Government Code, and that consents |
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to the creation of the district or to the inclusion of land in the |
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district. |
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Sec. 9041.104. LIMITATION ON USE OF EMINENT DOMAIN. The |
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district may not exercise the power of eminent domain outside the |
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district to acquire a site or easement for a recreational facility |
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as defined by Section 49.462, Water Code. |
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[Sections 9041.105-9041.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 9041.151. ELECTIONS REGARDING TAXES OR BONDS. |
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(a) The district may issue, without an election, bonds and other |
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obligations secured by: |
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(1) revenue other than ad valorem taxes; or |
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(2) contract payments described by Section 9041.153. |
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(b) The district must hold an election in the manner |
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provided by Chapters 49 and 51, Water Code, to obtain voter approval |
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before the district may impose an ad valorem tax or issue bonds |
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payable from ad valorem taxes. |
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Sec. 9041.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 9041.151, 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. 9041.153. 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 9041.154-9041.200 reserved for expansion] |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 9041.201. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. The district may issue bonds or other obligations |
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payable wholly or partly from ad valorem taxes, impact fees, |
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revenue, contract payments, grants, or other district money, or any |
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combination of those sources, to pay for any authorized district |
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purpose. |
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Sec. 9041.202. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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board shall provide for the annual imposition of a continuing |
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direct ad valorem tax, without limit as to rate or amount, while all |
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or part of the bonds are outstanding as required and in the manner |
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provided by Chapter 51, Water Code. |
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Sec. 9041.203. BONDS FOR RECREATIONAL FACILITIES. (a) The |
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district may develop recreational facilities and issue bonds for |
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the facilities under Chapter 49, Water Code, notwithstanding any |
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overlap of the district's territory with the territory of one or |
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more political subdivisions authorized to develop recreational |
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facilities and issue bonds under Chapter 49, Water Code. |
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(b) The authority of the district to develop recreational |
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facilities and issue bonds under this section does not limit the |
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authority of any other political subdivision whose territory the |
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territory of the district may overlap, wholly or partly, to develop |
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recreational facilities and issue bonds under Chapter 49, Water |
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Code. |
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SECTION 2. The Montgomery County Water Control and |
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Improvement District No. 2 initially includes all the territory |
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contained in the following area: |
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TRACT 1 |
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All that certain 527.832 acre (22,992,348 square feet) parcel of |
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land situated in the Joseph A. Parker Survey, Abstract Number 418, |
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and the R.N. Davis Survey, Abstract Number 161, both in Montgomery |
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County, Texas, and being a portion of that certain call 1,554.570 |
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acre tract described in a Warranty Deed to Pacific Indio |
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Properties, Inc. recorded in Clerk's File Number 2006-013955 of the |
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Official Public Records of Real Property at Montgomery County, |
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Texas (O.P.R.R.P.M.C.T.), said 527.832 acre tract being more |
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particularly described by metes and bounds as follows: (All |
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bearings are referenced to the Texas State Plane Coordinate System, |
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South Central Zone) |
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BEGINNING at a 5/8 inch iron rod with plastic cap stamped "D L |
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HARDY RPLS 4847" found for the northwest corner of that certain call |
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640.6 acre tract described in a Warranty Deed with Reservation of |
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Minerals to J.R. Development, Inc., in Clerk's Number 2002-062840 |
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of the O.P.R.R.P.M.C.T.; |
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THENCE, through and across said 1,554.570 acre tract, the |
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following five (5) courses: |
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1) South 56 Degrees 12 Minutes 55 Seconds West, a |
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distance of 1,094.52 feet to an angle point; |
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2) South 68 Degrees 19 Minutes 38 Seconds West, a |
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distance of 879.85 feet to an angle point; |
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3) South 29 Degrees 19 Minutes 18 Seconds West, a |
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distance of 643.72 feet to an angle point; |
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4) South 43 Degrees 22 Minutes 37 Seconds West, a |
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distance of 243.84 feet to an angle point; |
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5) South 76 Degrees 01 Minute 00 Seconds West, a |
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distance of 404.61 feet to a point in the easterly right-of-way |
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(R.O.W.) line of proposed Townsen Road (100 feet wide); |
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THENCE, continuing through and across said 1,554.570 acre |
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tract, and with the easterly and northeasterly R.O.W. line of said |
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Townsen Road, the following five (5) courses: |
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1) 620.73 feet along the arc of a curve to the right |
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having a radius of 1,950.00 feet, a central angle of 18 Degrees 14 |
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Minutes 19 Seconds, and a chord that bears North 13 Degrees 07 |
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Minutes 32 Seconds West, a distance of 618.11 feet; |
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2) North 04 Degrees 00 Minutes 22 Seconds West, a |
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distance of 478.81 feet to the beginning of a curve to the left; |
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3) 1,550.83 feet along the arc of said curve to the |
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left having a radius of 3,050.00 feet, a central angle of 29 Degrees |
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07 Minutes 59 Seconds, and a chord that bears North 18 Degrees 34 |
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Minutes 22 Seconds West, a distance of 1,534.17 feet; |
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4) North 33 Degrees 08 Minutes 21 Seconds West, a |
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distance of 428.13 feet to the beginning of a curve to the left; |
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5) 1,751.25 feet along the arc of said curve to the |
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left having a radius of 2,050.00 feet, a central angle of 48 Degrees |
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56 Minutes 46 Seconds, and a chord that bears North 57 Degrees 36 |
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Minutes 44 Seconds West, a distance of 1,698.49 feet to the |
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intersection of the northeasterly R.O.W. line of proposed Townsen |
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Road with the easterly R.O.W. line of a proposed 100 foot wide |
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R.O.W.; |
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THENCE, continuing through and across said 1,554.570 acre |
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tract, and with the easterly and northeasterly line of said |
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proposed 100 foot wide R.O.W., the following four (4) courses: |
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1) North 06 Degrees 31 Minutes 01 Second East, a |
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distance of 17.93 feet to the beginning of a curve to the left; |
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2) 3,090.25 feet along the arc of said curve to the |
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left having a radius of 2,050.00 feet, a central angle of 86 Degrees |
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22 Minutes 12 Seconds, and a chord that bears North 36 Degrees 40 |
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Minutes 05 Seconds West, a distance of 2,805.86 feet; |
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3) North 79 Degrees 51 Minutes 11 Seconds West, a |
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distance of 366.40 feet to the beginning of a curve to the right; |
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4) 1,318.62 feet along the arc of said curve to the |
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right having a radius of 1,950.00 feet, a central angle of 38 |
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Degrees 44 Minutes 39 Seconds, and a chord that bears North 60 |
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Degrees 28 Minutes 51 Seconds West, a distance of 1,293.64 feet to |
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the intersection of the easterly line of said proposed 100 foot wide |
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R.O.W. with the northerly line of said 1,554.570 acre tract; |
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THENCE, with the northerly line of said 1,554.570 acre tract, |
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North 59 Degrees 49 Minutes 41 Seconds East, a distance of 2.21 feet |
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to a 5/8 inch iron rod with plastic cap stamped "CDS/MUERY S.A. TX." |
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found for the southwest corner of that certain call 915 acre |
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Conservation Easement and an angle point in said 1,554.570 acre |
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tract and the herein described tract; |
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THENCE, with the southerly line of said 915 acre Conservation |
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Easement and the northerly line of said 1,554.570 acre tract and the |
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herein described tract, North 50 Degrees 39 Minutes 59 Seconds |
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East, a distance of 3,159.31 feet to a 5/8 inch iron rod with |
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plastic cap stamped "CDS/MUERY S.A. TX." found for an angle point in |
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said 915 acre Conservation Easement and the herein described tract; |
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THENCE, continuing with the southerly line of said 915 acre |
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Conservation Easement and the northerly line of the herein |
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described tract, South 76 Degrees 45 Minutes 40 Seconds East, at |
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1,553.40 feet pass a 5/8 inch iron rod stamped "CDS/MUERY S.A. TX." |
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found for reference, and continue, in all, a distance of 1,753.61 |
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feet to a point on the west high bank of the West Fork of the San |
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Jacinto River for an angle point of the herein described tract; |
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THENCE, with the meanders of the west bank of the West Fork of the |
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San Jacinto River, the following forty eight (48) courses: |
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1) South 30 Degrees 22 Minutes 24 Seconds West, a |
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distance of 56.07 feet; |
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2) South 45 Degrees 58 Minutes 13 Seconds West, a |
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distance of 40.83 feet; |
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3) South 46 Degrees 19 Minutes 57 Seconds West, a |
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distance of 69.31 feet; |
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4) South 42 Degrees 10 Minutes 45 Seconds West, a |
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distance of 76. 52 feet; |
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5) South 40 Degrees 13 Minutes 52 Seconds West, a |
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distance of 78.33 feet; |
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6) South 46 Degrees 53 Minutes 30 Seconds West, a |
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distance of 79.44 feet; |
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7) South 53 Degrees 07 Minutes 53 Seconds West, a |
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distance of 65.22 feet; |
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8) South 56 Degrees 09 Minutes 36 Seconds West, a |
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distance of 65.51 feet; |
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9) South 58 Degrees 48 Minutes 22 Seconds West, a |
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distance of 79.13 feet; |
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10) South 50 Degrees 41 Minutes 06 Seconds West, a |
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distance of 86.81 feet; |
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11) South 38 Degrees 51 Minutes 13 Seconds West, a |
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distance of 445.76 feet; |
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12) South 08 Degrees 36 Minutes 30 Seconds West, a |
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distance of 155.51 feet; |
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13) South 04 Degrees 38 Minutes 42 Seconds East, a |
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distance of 158.47 feet; |
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14) South 26 Degrees 22 Minutes 18 Seconds East, a |
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distance of 464.19 feet; |
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15) South 41 Degrees 04 Minutes 43 Seconds East, a |
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distance of 291.77 feet; |
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16) South 46 Degrees 32 Minutes 40 Seconds East, a |
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distance of 166.24 feet; |
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17) South 63 Degrees 38 Minutes 58 Seconds East, a |
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distance of 129.80 feet; |
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18) South 76 Degrees 54 Minutes 46 Seconds East, a |
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distance of 183.21 feet; |
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19) South 76 Degrees 35 Minutes 35 Seconds East, a |
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distance of 142.77 feet; |
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20) South 85 Degrees 17 Minutes 14 Seconds East, a |
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distance of 91.08 feet; |
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21) North 73 Degrees 21 Minutes 11 Seconds East, a |
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distance of 114.45 feet; |
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22) North 75 Degrees 00 Minutes 21 Seconds East, a |
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distance of 82.76 feet; |
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23) North 75 Degrees 17 Minutes 10 Seconds East, a |
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distance of 156.41 feet; |
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24) North 80 Degrees 37 Minutes 30 Seconds East, a |
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distance of 179.16 feet; |
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25) South 88 Degrees 32 Minutes 27 Seconds East, a |
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distance of 112.81 feet; |
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26) South 66 Degrees 19 Minutes 02 Seconds East, a |
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distance of 252.55 feet; |
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27) South 46 Degrees 37 Minutes 09 Seconds East, a |
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distance of 142.93 feet; |
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28) South 59 Degrees 26 Minutes 36 Seconds East, a |
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distance of 71.26 feet; |
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29) South 49 Degrees 58 Minutes 30 Seconds East, a |
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distance of 94.49 feet; |
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30) South 48 Degrees 25 Minutes 09 Seconds East, a |
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distance of 94.68 feet; |
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31) South 52 Degrees 24 Minutes 30 Seconds East, a |
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distance of 107.26 feet; |
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32) South 48 Degrees 14 Minutes 34 Seconds East, a |
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distance of 98.37 feet; |
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33) South 51 Degrees 22 Minutes 58 Seconds East, a |
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distance of 68.56 feet; |
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34) South 24 Degrees 15 Minutes 08 Seconds East, a |
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distance of 88.72 feet; |
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35) South 18 Degrees 47 Minutes 45 Seconds East, a |
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distance of 94.31 feet; |
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36) South 05 Degrees 46 Minutes 32 Seconds West, a |
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distance of 90.96 feet; |
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37) South 01 Degree 09 Minutes 42 Seconds East, a |
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distance of 83.27 feet; |
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38) South 15 Degrees 38 Minutes 15 Seconds West, a |
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distance of 94.81 feet; |
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39) South 01 Degrees 38 Minutes 35 Seconds West, a |
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distance of 89.05 feet; |
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40) South 12 Degrees 51 Minutes 45 Seconds West, a |
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distance of 192.88 feet; |
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41) South 30 Degrees 35 Minutes 53 Seconds East, a |
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distance of 184.94 feet; |
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42) South 47 Degrees 16 Minutes 08 Seconds East, a |
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distance of 186.66 feet; |
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43) South 56 Degrees 42 Minutes 16 Seconds East, a |
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distance of 211.00 feet; |
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44) South 59 Degrees 28 Minutes 08 Seconds East, a |
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distance of 308.02 feet; |
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45) South 80 Degrees 02 Minutes 13 Seconds East, a |
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distance of 172.28 feet; |
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46) South 87 Degrees 04 Minutes 25 Seconds East, a |
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distance of 234.54 feet; |
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47) North 68 Degrees 19 Minutes 10 Seconds East, a |
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distance of 263.23 feet; |
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48) North 58 Degrees 17 Minutes 31 Seconds East, a |
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distance of 247.63 feet; |
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THENCE, departing the meanders of the west bank of Spring |
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Creek and with the easterly line of said 1,554.570 acre tract, South |
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31 Degrees 42 Minutes 29 Seconds East, a distance of 133.36 feet to |
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a 5/8 inch iron rod with plastic cap stamped "D L HARDY RPLS 4847" |
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found for the northwest corner of that certain call 19.00 acre |
|
Conservation Easement described in a deed to Legacy Land Trust, |
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Inc. in M.C.C.F. Number 2003-032879 for an angle point in the herein |
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described tract; |
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THENCE, with the northwesterly line of said 19.00 acre |
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Conservation Easement, South 15 Degrees 11 Minutes 58 Seconds West, |
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a distance of 878.75 feet to a 5/8 inch iron rod with plastic cap |
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stamped "D L HARDY RPLS 4847" found in the northeasterly line of |
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that certain call 74.000 acre Conservation Easement described in a |
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deed to Legacy Land Trust, Inc. in M.C.C.F. Number 2002-017148 for |
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an angle point in the herein described tract; |
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THENCE, counterclockwise, with the northeasterly, westerly |
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and southwesterly boundary of said 74.000 acre Conservation |
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Easement, the following seven (7) courses: |
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1) North 65 Degrees 42 Minutes 43 Seconds West, a |
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distance of 1,117.88 feet to a 5/8 inch iron rod with plastic cap |
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stamped "D L HARDY RPLS 4847" found for an angle point; |
|
2) North 63 Degrees 01 Minute 15 Seconds West, a |
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distance of 214.00 feet to a 5/8 inch iron rod with plastic cap |
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stamped "D L HARDY RPLS 4847" found for the upper northwest corner |
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of said 74.000 acre Conservation Easement and an angle point for the |
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herein described tract; |
|
3) South 57 Degrees 07 Minutes 08 Seconds West, a |
|
distance of 727.10 feet to a 5/8 inch iron rod with plastic cap |
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stamped "CDS/MUERY S.A. TX." found for the lower northwest corner |
|
of said 74.000 acre Conservation Easement and an angle point in the |
|
herein described tract; |
|
4) South 20 Degrees 38 Minutes 34 Seconds East, a |
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distance of 196.61 feet to a 5/8 inch iron rod with plastic cap |
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stamped "BENCHMARK ENGR." set for an angle point in said 74.000 acre |
|
Conservation Easement and the herein described tract; |
|
5) South 22 Degrees 11 Minutes 29 Seconds East, a |
|
distance of 893.86 feet to a 5/8 inch iron rod with plastic cap |
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stamped "CDS/MUERY S.A. TX." found for the southwest corner of said |
|
74.000 acre Conservation Easement and an angle point in the herein |
|
described tract; |
|
6) South 79 Degrees 17 Minutes 46 Seconds East, a |
|
distance of 525.67 feet to a 5/8 inch iron rod with plastic cap |
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stamped "CDS/MUERY S.A. TX." found for an angle point in the |
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southwesterly line of said 74.000 acre Conservation Easement and |
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the herein described tract; |
|
7) South 78 Degrees 00 Minutes 36 Seconds East, at |
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994.32 feet pass a 5/8 inch iron rod with plastic cap stamped |
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"CDS/MUERY S.A. TX." found for the call common line of said R.N. |
|
Davis Survey said Joseph A. Parker Survey, and continue, in all, a |
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distance of 1,953.24 feet to a 5/8 inch iron rod with plastic cap |
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stamped "CDS/MUERY S.A. TX." found for the southeast corner of said |
|
74.000 acre Conservation Easement and an angle point in the herein |
|
described tract; |
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THENCE, departing the southeast corner of said 74.000 acre |
|
Conservation Easement, and with the easterly line of said 1,554.570 |
|
acre tract, the following three (3) courses: |
|
1) South 46 Degrees 21 Minutes 37 Seconds East, a |
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distance of 263.57 feet to a 5/8 inch iron rod with plastic cap |
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stamped "BENCHMARK ENGR." found for an angle point; |
|
2) North 43 Degrees 38 Minutes 23 Seconds East, a |
|
distance of 600.00 feet to a 5/8 inch iron rod with plastic cap |
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stamped "BENCHMARK ENGR." found for an angle point; |
|
3) North 34 Degrees 46 Minutes 38 Seconds East, at |
|
1,185.84 feet pass a 5/8 inch iron rod with plastic cap stamped |
|
"BENCHMARK ENGR." set for reference, and continue, in all, a |
|
distance of 1,385.84 feet to a to a point on the west bank of the |
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West Fork of the San Jacinto River for an angle point in the herein |
|
described tract; |
|
THENCE, with the meanders of the west bank of the West Fork of |
|
the San Jacinto River, the following five (5) courses: |
|
1) South 43 Degrees 38 Minutes 03 Seconds East, a |
|
distance of 65.88 feet; |
|
2) South 48 Degrees 38 Minutes 46 Seconds East, a |
|
distance of 132.16 feet; |
|
3) South 52 Degrees 19 Minutes 01 Second East, a |
|
distance of 87.17 feet; |
|
4) South 47 Degrees 26 Minutes 02 Seconds East, a |
|
distance of 86.22 feet; |
|
5) South 53 Degrees 17 Minutes 44 Seconds East, a |
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distance of 73.27 feet; |
|
THENCE, departing the meanders of the west bank of Spring |
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Creek, and with the northerly line of said 640.6 acre tract and the |
|
southerly line of the herein described tract, South 43 Degrees 38 |
|
Minutes 23 Seconds West, at 99.85 feet pass a 5/8 inch iron rod with |
|
plastic cap stamped "D L HARDY RPLS 4847" found for reference, and |
|
continue, in all, a distance of 2,593.77 feet to the POINT OF |
|
BEGINNING and containing 527.832 acres (22,992,348 square feet) of |
|
land. |
|
TRACT 2 |
|
All that certain 169.830 acre (7,397,783 square feet) parcel of |
|
land situated in the Joseph A. Parker Survey, Abstract Number 418, |
|
and the R.N. Davis Survey, Abstract Number 161, both in Montgomery |
|
County, Texas, and being a portion of that certain call 1,554.570 |
|
acre tract described in a Warranty Deed to Pacific Indio |
|
Properties, Inc. recorded in Clerk's File Number 2006-013955 of the |
|
Official Public Records of Real Property at Montgomery County, |
|
Texas (O.P.R.R.P.M.C.T.), said 169.830 acre tract being more |
|
particularly described by metes and bounds as follows: (All |
|
bearings are referenced to the Texas State Plane Coordinate System, |
|
South Central Zone) |
|
BEGINNING at a 3/4 inch iron pipe found in the recognized |
|
common line of said R.N. Davis Survey and said Joseph A. Parker |
|
Survey for the southeast corner of that certain call 2,883.06 acre |
|
tract described in a Deed to LGI LAND, L.L.C. in Clerk's File Number |
|
2004-114162 of the O.P.R.R.P.M.C.T., an interior corner of said |
|
1,554.570 acre tract, and the southwest corner of the herein |
|
described tract, and from which a 100D nail found for reference |
|
bears North 35 Degrees 02 Minutes 54 Seconds East, a distance of |
|
12.69 feet, and from which a "PK" nail found in a 4 inch wooden post |
|
bears South 51 Degrees 13 Minutes 29 Seconds West, a distance of |
|
8.04 feet; |
|
THENCE, with the easterly line of said 2,883.06 acre tract, |
|
the upper westerly line of the said 1,554.570 acre tract, and the |
|
westerly line of the herein described tract, North 30 Degrees 10 |
|
Minutes 19 Seconds West, a distance of 4,002.79 feet to a 5/8-inch |
|
iron rod with plastic cap stamped "BENCHMARK ENGR." set in the |
|
southwesterly right-of-way (R.O.W.) line of proposed Townsen Road |
|
(100 feet wide) for the northwest corner of the herein described |
|
tract; |
|
THENCE, through and across said 1,554.570 acre tract, and |
|
with the southerly and westerly R.O.W. line of said proposed |
|
Townsen Road, the following six (6) courses: |
|
1) North 59 Degrees 50 Minutes 02 Seconds East, a |
|
distance of 147.67 feet to the beginning of a curve to the right; |
|
2) 2,961.87 feet along the arc of said curve to the |
|
right having a radius of 1,950.00 feet, a central angle of 87 |
|
Degrees 01 Minute 37 Seconds, and a chord that bears South 76 |
|
Degrees 39 Minutes 10 Seconds East, a distance of 2,685.25 feet; |
|
3) South 33 Degrees 08 Minutes 21 Seconds East, a |
|
distance of 428.13 feet to the beginning of a curve to the right; |
|
4) 1,499.98 feet along the arc of said curve to the |
|
right having a radius of 2,950.00 feet, a central angle of 29 |
|
Degrees 07 Minutes 59 Seconds, and a chord that bears South 18 |
|
Degrees 34 Minutes 22 Seconds East, a distance of 1,483.87 feet; |
|
5) South 04 Degrees 00 Minutes 22 Seconds East, a |
|
distance of 478.81 feet to the beginning of a curve to the left; |
|
6) 139.68 feet along the arc of said curve to the left |
|
having a radius of 2,050.00 feet, a central angle of 03 Degrees 54 |
|
Minutes 14 Seconds, and a chord that bears South 05 Degrees 57 |
|
Minutes 29 Seconds East, a distance of 139.65 feet to the southeast |
|
corner; |
|
THENCE, departing the westerly R.O.W. of proposed Townsen |
|
Road, continuing through and across said 1,554.570 acre tract, and |
|
with the southerly line of the herein described tract, the |
|
following two (2) courses: |
|
1) North 87 Degrees 41 Minutes 21 Seconds West, a |
|
distance of 797.17 feet to an angle point; |
|
2) South 50 Degrees 32 Minutes 13 Seconds West, a |
|
distance of 889.47 feet to the POINT OF BEGINNING and containing |
|
169.830 acres (7,397,783 square feet) of land. |
|
TRACT 3 |
|
All that certain 100.750 acre (4,388,668 square feet) parcel of |
|
land situated in the R.N. Davis Survey, Abstract Number 161, |
|
Montgomery County, Texas, and being a portion of that certain call |
|
1,554.570 acre tract described in a Warranty Deed to Pacific Indio |
|
Properties, Inc. recorded in Clerk's File Number 2006-013955 of the |
|
Official Public Records of Real Property at Montgomery County, |
|
Texas (O.P.R.R.P.M.C.T.) said 100.750 acre tract being more |
|
particularly described by metes and bounds as follows: (All |
|
bearings are referenced to the Texas State Plane Coordinate System, |
|
South Central Zone) |
|
COMMENCING at a 3/4 inch iron pipe found in the recognized |
|
common line of said R.N. Davis Survey and the Joseph A. Parker |
|
Survey for the southeast corner of that certain call 2,883.06 acre |
|
tract described in a Deed to LGI LAND, L.L.C. in Clerk's File Number |
|
2004-114162 of the O.P.R.R.P.M.C.T., and an interior corner of said |
|
1,554.570 acre tract, and from which a 100D nail found for reference |
|
bears North 35 Degrees 02 Minutes 54 Seconds East, a distance of |
|
12.69 feet, and from which a "PK" nail found in a 4 inch wooden post |
|
bears South 51 Degrees 13 Minutes 29 Seconds West, a distance of |
|
8.04 feet; |
|
THENCE, with the easterly line of said 2,883.06 acre tract |
|
and the upper westerly line of the said 1,554.570 acre tract, North |
|
30 Degrees 10 Minutes 19 Seconds West, a distance of 4,102.79 feet |
|
to a 5/8-inch iron rod with plastic cap stamped "BENCHMARK ENGR." |
|
set in the northeasterly right-of-way (R.O.W.) line of proposed |
|
Townsen Road (100 feet wide) for the southwest corner and POINT OF |
|
BEGINNING of the herein described tract; |
|
THENCE, continuing with the easterly line of said 2,883.06 |
|
acre tract, the upper westerly line of the said 1,554.570 acre |
|
tract, and the westerly line of the herein described tract, North 30 |
|
Degrees 10 Minutes 19 Seconds West, a distance of 3,719.63 feet to a |
|
5/8-inch iron rod with plastic cap stamped "BENCHMARK ENGR." found |
|
for the northwest corner of said 1,554.570 acre tract and the herein |
|
described tract; |
|
THENCE, with the northerly line of said 1,554.570 acre tract |
|
and the herein described tract, North 59 Degrees 49 Minutes 41 |
|
Seconds East, a distance of 71.31 feet to a point in the westerly |
|
line of a proposed 100 foot wide right-of-way for the northeast |
|
corner of the herein described tract; |
|
THENCE, through and across said 1,554.570 acre tract, and |
|
with the westerly line of said proposed 100 foot wide R.O.W. the |
|
following four (4) courses: |
|
1) 1,405.55 feet along the arc of a curve to the left |
|
having a radius of 2,050.00 feet, a central angle of 39 Degrees 17 |
|
Minutes 02 Seconds, and a chord that bears South 60 Degrees 12 |
|
Minutes 40 Seconds East, a distance of 1,378.18 feet; |
|
2) South 79 Degrees 51 Minutes 11 Seconds East, a |
|
distance of 366.40 feet to the beginning of a curve to the right; |
|
3) 2,939.51 feet along the arc of said curve to the |
|
right having a radius of 1,950.00 feet, a central angle of 86 |
|
Degrees 22 Minutes 12 Seconds, and a chord that bears South 36 |
|
Degrees 40 Minutes 05 Seconds East, a distance of 2,668.99 feet; |
|
4) South 06 Degrees 31 Minutes 01 Second West, a |
|
distance of 17.93 feet to the intersection of the westerly line of |
|
said proposed 100 foot wide R.O.W. with the northeasterly R.O.W. |
|
line of proposed Townsen Road (100 feet wide) for the southeast |
|
corner of the herein described tract; |
|
THENCE, with the northerly R.O.W. line of said proposed |
|
Townsen Road, the following two (2) courses: |
|
1) 1,262.49 feet along the arc of a curve to the left |
|
having a radius of 2,050.00 feet, a central angle of 35 Degrees 17 |
|
Minutes 08 Seconds, and a chord that bears South 77 Degrees 28 |
|
Minutes 36 Seconds West, a distance of 1,242.63 feet; |
|
2) South 59 Degrees 50 Minutes 02 Seconds West, a |
|
distance of 147.68 feet to the POINT OF BEGINNING and containing |
|
100.750 acres (4,388,668 square feet) of land. |
|
SECTION 3. (a) The legal notice of the intention to |
|
introduce this Act, setting forth the general substance of this |
|
Act, has been published as provided by law, and the notice and a |
|
copy of this Act have been furnished to all persons, agencies, |
|
officials, or entities to which they are required to be furnished |
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
Government Code. |
|
(b) The governor, one of the required recipients, has |
|
submitted the notice and Act to the Texas Commission on |
|
Environmental Quality. |
|
(c) The Texas Commission on Environmental Quality has filed |
|
its recommendations relating to this Act with the governor, the |
|
lieutenant governor, and the speaker of the house of |
|
representatives within the required time. |
|
(d) All requirements of the constitution and laws of this |
|
state and the rules and procedures of the legislature with respect |
|
to the notice, introduction, and passage of this Act are fulfilled |
|
and accomplished. |
|
SECTION 4. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2009. |
|
|
|
* * * * * |