S.B.No.2518
AN ACT
relating to the creation of the Somerset Municipal Utility District
No. 3; providing authority to impose a tax and issue bonds; granting
a limited power of eminent domain.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION1.Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 8362 to read as follows:
CHAPTER8362.SOMERSET MUNICIPAL UTILITY DISTRICT NO. 3
SUBCHAPTER A. GENERAL PROVISIONS
Sec.8362.001.DEFINITIONS. In this chapter:
(1)"Board" means the district's board of directors.
(2)"Director" means a board member.
(3)"District" means the Somerset Municipal Utility
District No. 3.
Sec.8362.002.NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec.8362.003.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.8362.004.CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 8362.003
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.8362.005.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.8362.006.INITIAL DISTRICT TERRITORY. (a)The
district is initially composed of the territory described by
Section 2 of the Act creating this chapter.
(b)The boundaries and field notes contained in Section 2 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 8362.007-8362.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec.8362.051.GOVERNING BODY; TERMS. (a)The district is
governed by a board of five elected directors.
(b)Except as provided by Section 8362.052, directors serve
staggered four-year terms.
Sec.8362.052.TEMPORARY DIRECTORS. (a)On or after
September 1, 2009, 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 temporary directors the five persons named in
the petition. The commission shall appoint as temporary directors
the five persons named in the petition.
(b)Temporary directors serve until the earlier of:
(1)the date permanent directors are elected under
Section 8362.003; or
(2)September 1, 2013.
(c)If permanent directors have not been elected under
Section 8362.003 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1)the date permanent directors are elected under
Section 8362.003; or
(2)the fourth anniversary of the date of the
appointment or reappointment.
(d)If Subsection (c) 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 8362.053-8362.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec.8362.101.GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec.8362.102.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.8362.103.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.8362.104.ROAD STANDARDS AND REQUIREMENTS. (a)A
road project must meet all applicable construction standards,
zoning and 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.8362.105.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.8362.106.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 8362.103; or
(2)a recreational facility as defined by Section
49.462, Water Code.
Sec.8362.107.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, contain any land
outside the area described by Section 2 of the Act creating this
chapter.
(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
8362.003 to confirm the district's creation.
(f)An order dividing the district must:
(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 8362.003.
(i)Municipal consent to the creation of the district and to
the inclusion of land in the district granted under Section
8362.004 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.
(k)If the voters of a new district do not confirm the
creation of the new district, the assets, obligations, territory,
and governance of the new district revert to that of the original
district.
[Sections 8362.108-8362.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec.8362.151.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 8362.153.
(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.8362.152.OPERATION AND MAINTENANCE TAX. (a)If
authorized at an election held under Section 8362.151, 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.8362.153.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 8362.154-8362.200 reserved for expansion]
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec.8362.201.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, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec.8362.202.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.8362.203.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.
SECTION2.The Somerset Municipal Utility District No. 3
initially includes all the territory contained in the following
area:
TRACT 1
Being 44.994 acres of land situated in the State of Texas, County of
San Jacinto, a part of the M. B. Menard Survey, A-36, and being the
total combined acreage by resurvey of the 25.000 acres described in
deed to Charles E. Williams and wife, Jean Williams, recorded in
Volume 164, Page 865 of the San Jacinto County Official Public
Records, and the 20.000 acres described in deed to Charles E.
Williams and wife, Jean Williams, recorded in Volume 146, Page 271
of said Official Public Records, and this 44.994 acre tract being
more particularly described by metes and bounds as follows:
Beginning at a 5/8" square-head bolt found marking the east common
corner between said 20.000 acre tract and the called 10.0000 acres
described as "Tract Two" of Exhibit A-1 in deed to Thomas E. Berry,
Trustee, Priscilla Goodrich Timpson and Hugh R. Goodrich recorded
in Volume 308, Page 942 of said Official Public Records, located on
the common survey line between said Menard Survey and the Isaac
Jones Survey, A-23, at its intersection with the northwest right of
way line of U. S. Highway No. 190;
Thence S 52 34' 12" W, along the southeast line of said 20.000
acres, same being the common survey line between said Menard and
Jones Surveys, common in part with the northwest lines of said
called 10.0000 acres and the called 11.1959 acres described as
"Tract Two" of Exhibit A-2 in said Berry, et al, deed, at 1,463.69
ft. pass the southeast common corner between said 20.000 acre tract
and said 25.000 acre tract, and continuing along said common survey
line, same being the southeast line of said 25.000 acre tract,
common in part with the northwest lines of said called 11.1959
acres, the called 5.0000 acres described as "Tract One" of Exhibit
A-1 in said Berry, et al, deed, at 1,888.52 ft. pass a concrete
monument found marking the northwest common corner between said
Berry, et al, called 5.0000 acre tract and the called 52.88 acres
described in deed to Randy Harrott recorded in Volume 319, Page 29
of said Official Public Records, and continuing S 52 34' 12" W,
along the common line between said 25.000 acre tract and said
Harrott called 52.88 acres, same being said common survey line, in
all a total distance of 2,367.34 ft. to a 1/2" iron rod found
marking the southeast common corner between said 25.000 acre tract
and Holiday Villages of Livingston, Section J, a subdivision in San
Jacinto County, Texas, as shown by the map or plat thereof recorded
under Clerk's File No. 05-789, Page 3501 of said Official Public
Records, said point being the most southern corner of the herein
described 44.994 acre tract;
Thence N 37 26' 18" W 1,185.87 ft. along the common line between
said 25.000 acres and said Holiday Villages of Livingston, Section
J, to a 1/2" iron rod set marking the most western corner of said
25.000 acre tract and an interior corner of said Section J, said
point being the most western corner of the herein described 44.994
acre tract;
Thence N 52 34' 12" E 2,183.24 ft. along the common line between
said 25.000 acres and said Holiday Villages of Livingston, Section
J, to a 1/2" iron rod found marking the east common corner between
said tracts, located on the southwest right of way line of Hidden
Coves Road [a 60 ft. wide easement and right-of-way granted to the
County of San Jacinto, Texas, for road purposes recorded in Volume
133, Page 272 of the San Jacinto County Deed Records, said point
being the most northern corner of the herein described 44.994 acre
tract;
Thence S 57 30' 39" E 63.88 ft. along the southwest right of way
line of said Hidden Coves Road to a 1/2" iron rod set marking the
east common corner between said 25.000 acre tract and the called
10.000 acres described in deed to H. T. Simons recorded under
Clerk's File No. 03-3283, Page 14055 of said Official Records;
Thence S 52 34' 12" W 1,511.53 ft. along the common line between
said 25.000 acre tract and said Simons called 10.000 acres to a 1/2"
iron rod set marking an interior corner of said 25.000 acre tract
and the most western corner of said Simons tract, from said point a
3" concrete monument found bears N 25 03' E 0.81 ft.;
Thence S 57 29' 05" E 612.91 ft. along a northeastern line of said
25.000 acre tract, common in part with the southwest line of said
Simons called 10.000 acres and the called 10.000 acres described in
deed to Elizabeth Priest recorded under Clerk's File No. 05-2465,
Page 10470 of said Official Records, to a 1/2" iron rod found
marking the west common corner between said Williams 20.000 acre
tract and said Priest called 10.000 acres;
Thence N 52 34' 12" E 1,513.18 ft. along the common line between
said Williams 20.000 acre tract and said Priest called 10.000 acres
to a 1/2" iron rod found marking the east common corner between said
tracts, located on the southwest right of way line of said Hidden
Coves Road;
Thence S 57 12' 35" E 451.08 ft. along the northeast line of said
Williams 20.000 acre tract, same being the southwest right of way
line of said Hidden Coves Road, to a 1/2" iron rod found marking the
most eastern corner of said 20.000 acre tract, located at the
intersection of said southwest right of way line with the northwest
right of way line of said U. S. Highway No. 190;
Thence S 20 42' 04" W 238.01 ft. along the eastern line of said
20.000 acre tract, same being the northwest right of way line of
said U. S. Highway No. 190, to the place of beginning and containing
within these bounds 44.994 acres of land.
Bearings for this description are based on deed call for the
northwest line of the 25.000 acre tract described in deed to Charles
E. Williams and wife, Jean Williams, recorded in Volume 164, Page
865 of the San Jacinto County Official Public Records.
TRACT 2
Being 109.641 acre of land situated in the State of Texas, County of
San Jacinto, a part of the John Foster Survey, A-120, and being the
total combined acreage by resurvey of the residue of the called
110.77476 acres described in deed to Lillian R. Hulon recorded in
Volume 122, Page 409 of the San Jacinto County Deed Records, same
being described in deed to Mary Louise Crawford, Annie Kathryn
Alvey and Elizabeth Lee Priest (undivided 49% interest) recorded in
Volume 126, Page 278 of said Deed Records and in deed to Mary Louise
Crawford, Annie Kathryn Alvey and Elizabeth Lee Priest (undivided
6% interest) recorded in Volume 214, Page 131 of said Deed Records,
the called 1.2728 acres described as Tract # 1, the called 1.091
acres described as Tract # 2, the called 1.17 acres described as
Tract # 3 and the called 1.19 acres described as Tract # 4 in deed to
Mary Louise Crawford, Annie Kathryn Alvey and Elizabeth Lee Priest
recorded in Volume 123, Page 294 of said Deed Records, and this
109.641 acre tract being more particularly described by metes and
bounds as follows:
Beginning at the east common corner between said Hulon called
110.77476 acres and Holiday Villages of Livingston, Woodland
Shores, Section A, a subdivision in said San Jacinto County, Texas,
as shown by the map or plat thereof recorded in Volume 303, Page 782
of the San Jacinto County Official Public Records, located on the
west line of the called 79.91 acres described as "Fee Tract F-9,
Parcel A" in deed to the Trinity River Authority of Texas recorded
in Volume 120, Page 306 of said Deed Records;
Thence S 52 51' 02" W, along the common line between said Hulon
tract and said Holiday Villages of Livingston, Woodland Shores,
Section A, at 88.85 ft. pass a 1/2" iron rod found for reference, at
331.04 ft. pass a 1/2" iron rod found for the north common corner
between Lots 23 and 22 of said Section A, at 411.04 ft. pass a 1/2"
iron rod found for the north common corner between Lots 21 and 20 of
said Section A, at 731.04 ft. pass a 1/2" iron rod found for the
north common corner between Lots 13 and 12 of said Section A, and in
all a total distance of 871.04 ft. to a 1/2" iron rod found for the
northwest corner of Lot 11 of said Section A, same being the north
common corner between said Holiday Villages of Livingston, Woodland
Shores, Section A and Holiday Villages of Livingston, The Lodges on
Livingston, Section C, a subdivision in said San Jacinto County,
Texas, as shown by the map or plat thereof recorded in Volume 303,
Page 785 of said Official Public Records;
Thence S 52 53' 51" W, along the southeast line of said Hulon
tract, common in part with the northwest lines of said Section C, of
Holiday Villages of Livingston, Tejas Village, Section B, a
subdivision in said San Jacinto County, Texas, as shown by the map
or plat thereof recorded in Volume 303, Page 784 of said Official
Public Records and of Holiday Villages of Livingston, Silver Creek,
Section D, a subdivision in said San Jacinto County, Texas, as shown
by the map or plat thereof recorded in Volume 303, Page 787 of said
Official Public Records, at 1,411.90 ft. pass a 1/2" iron rod found
for the northwest corner of said Section D located on the east right
of way of Hidden Coves Road [ a county maintained 60 ft. wide
right-of-way easement and utility easement granted to San Jacinto
County, Texas, recorded in Volume 123, Page 97 of said Deed
Records], and in all a total distance of 1,475.09 ft. to a concrete
monument found for the most northern northeast corner of the 70.009
acres described in deed to Foster Timber, Ltd. recorded in Volume
04-3397, Page 14295 of said Official Public Records, said point
being an angle point in the southeast line of said Hulon tract;
Thence S 52 50' 21" W 1,575.22 ft. along the common line between
said Hulon tract and said Foster Timber, Ltd. 70.009 acres, to a
concrete monument found for corner located on the common survey
line between said Foster Survey and the Michael B. Menard Survey,
A-36;
Thence N 70 56' 46" W 1,568.92 ft. along the common line between
said Hulon tract and said Foster Timber, Ltd. tract, same being the
common survey line between said Foster and Menard Surveys, to a
concrete monument found for the west common corner between said
Hulon tract and Hidden Coves, Section One, a subdivision in said San
Jacinto County, Texas, as shown by the map or plat thereof recorded
in Volume 130, Page 624 of said Deed Records;
Thence N 52 54' 22" E 972.54 ft. along the common line between said
Hulon tract and said Hidden Coves Subdivision, Section One, to a
concrete monument found for the south common corner between said
Section One and the called 16.420 acres described in deed to Brooks
Bouldin, Trustee, recorded under Clerk's File No. 02-7319, Page
30748 of said Official Public Records;
Thence N 52 37' 12" E 415.04 ft. along the common line between said
Hulon and Bouldin tracts to a concrete monument found marking an
angle point in said line;
Thence N 52 32' 05" E, along the common line between said Hulon and
Bouldin tracts, at 395.77 ft. pass a concrete monument found on
line, at 786.47 ft. pass a concrete monument found on line, at
1,246.88 ft. pass the centerline of said Hidden Coves Road, same
being the south common corner between said Bouldin tract and a
called 2.087 acre tract described in deed to Garland Trust recorded
under Clerk's File No. 00-5594, Page 18835 of said Official Public
Records, and continuing N 52 32' 05" E, along the common line
between said Hulon tract and said Garland Trust called 2.087 acre
tract, at 1,277.23 ft. pass a 5/8" iron rod found for reference, at
2,556.75 ft. pass a 1/2" iron rod set for reference, and in all a
total distance of 2,596.75 ft. to the east common corner between
said Hulon and Garland Trust tracts, located on the west line of
said Trinity River Authority of Texas called 79.91 acres, same
being the fee take line of Lake Livingston Reservoir;
Thence along the Trinity River Authority fee take line, same being
the common line between said Hulon tract and said called 79.91 acre
tract, as follows:
S 52 35' 58"E 124.00 ft.,
S 40 21' 58"E 161.48 ft.,
S 15 19' 58"E 190.50 ft.,
S 23 43' 02"W 196.61 ft.,
S 74 35' 02"W 115.25 ft.,
S 58 45' 02"W 107.75 ft.,
S 74 16' 58"E 99.80 ft.,
S 17 13' 02"W 86.33 ft.,
S 29 42' 02"W 56.77 ft.,
S 16 23' 02"W 80.32 ft. to the most
western corner of said Tract # 4 described in deed recorded in
Volume 123, Page 294 of said Deed Records and a corner of said Hulon
residue tract, and continuing along the common line between said
Tracts # 4, # 3, # 2 and # 1 and said Trinity River Authority called
79.91 acres, as follows;
N 51 48' 02"E 95.56 ft.,
N 34 44' 02"E 132.41 ft.,
N 52 05' 02"E 235.54 ft.,
S 83 48' 58"E 67.99 ft.,
S 33 00' 58"E 184.57 ft.,
S 22 19' 58"E 78.05 ft.,
S 59 15' 02"W 112.99 ft.,
S 05 21' 02"W 180.61 ft.,
S 02 32' 02"W 110.57 ft.,
S 38 29' 02"W 91.62 ft.,
N 86 58' 58"W 61.41 ft.,
S 53 09' 02"W 95.02 ft., passing the
most southern corner of said Tract # 4 and an exterior corner of
said Hulon residue tract, and continuing along the common line
between said Hulon residue tract and said Trinity River Authority
called 79.91 acres as follows;
N 66 42' 58"W 66.78 ft.,
S17 15' 02"W113.14 ft. to a 5/8" iron rod found for
corner;
S41 52' 02"W97.57 ft. to a 5/8" iron rod found for
corner;
S04 42' 58"E152.01 ft. to a 5/8" iron rod found for
corner;
N14 17' 02"E149.05 ft. to a 5/8" iron rod found for
corner;
N47 11' 02"E133.93 ft. to a 5/8" iron rod found for
corner;
S72 22' 58"E78.26 ft.,
S13 02' 58"E63.62 ft. to a 1/2" iron rod set for
corner;
N37 52' 02"E74.38 ft.,
N28 41' 02"E123.30 ft.,
N73 55' 02"E83.84 ft.,
N10 20' 02"E160.85 ft.,
S80 07' 58"E60.51 ft.,
S80 57' 58"E135.66 ft. to a 1/2" iron rod set for
corner;
N51 51' 58"W102.86 ft.,
N49 04' 58"W100.80 ft.,
N54 06' 02"E159.19 ft.,
N17 33' 02"E70.86 ft.,
N39 11' 02"E91.23 ft.,
S87 16' 58"E73.63 ft.,
S45 53' 58"E124.81 ft.,
N26 47' 58"W139.09 ft.,
N65 15' 58"W129.75 ft.,
N37 45' 58"W96.06 ft.,
N26 57' 58"W196.36 ft.,
N31 01' 02"E78.08 ft.,
S79 32' 58"E282.48 ft.,
S84 47' 58"E191.23 ft.,
S85 59' 58"E173.27 ft.,
S71 29' 58"E143.11 ft. and
S27 09' 58"E95.51 ft. to the place of beginning and
containing within these bounds 109.641 acres of land.
Bearings for this description are based on deed call for the most
eastern northwest line of the 70.009 acre tract described in deed to
Foster Timber, Ltd. recorded under Clerk's File No. 04-3397, Page
14295 of the San Jacinto County Official Records.
TRACT 3
Being 135.492 acres of land situated in the State of Texas, County
of San Jacinto, a part of the Michael B. Menard Survey, A-36, and
being out of the called 1488.272 acre tract described as "Second
Parcel - T85SJ1-a" in Exhibit "A" in Special Warranty Deed to
Champion Realty Corporation [Florida] as shown of record in Volume
22, Page 834 of the San Jacinto County Official Public Records, and
this 135.491 acre tract being more particularly described by metes
and bounds as follows:
Beginning at a 1/2" iron rod found marking the west common corner
between the herein described 135.491 acre tract and a 60.920 acre
tract described in deed from said Champion Realty Corporation
[Florida] to Ted Macon recorded in Volume 202, Page 27 of said
Official Public Records located on the northeast right of way line
of F.M. Highway No. 980;
Thence N 39 52' 00" E (bearings for this survey are based on the
southwest lines of the 60.920 acre tract described in deed to Ted
Macon recorded in Volume 202, Page 27 of the San Jacinto County
Official Public Records) 169.03 ft. along the common boundary line
between the herein described 135.491 acre tract and said 60.920
acre tract to a 1/2" iron rod found for corner;
Thence N 38 29' 38" E 396.52 ft. along the common boundary line
between the herein described 135.491 acre tract and said 60.920
acre tract to a 1/2" iron rod found for corner;
Thence N 60 49' 06" E 176.53 ft. along the common boundary line
between the herein described 135.491 acre tract and said 60.920
acre tract to a 1/2" iron rod found for corner;
Thence N 80 02' 10" E 121.27 ft. along the common boundary line
between the herein described 135.491 acre tract and said 60.920
acre tract to a 1/2" iron rod found for corner;
Thence S 68 38' 00" E 128.53 ft. along the common boundary line
between the herein described 135.491 acre tract and said 60.920
acre tract to a 1/2" iron rod found for corner;
Thence S 60 39' 12" E 650.34 ft. along the common boundary line
between the herein described 135.491 acre tract and said 60.920
acre tract to a 1/2" iron rod found for corner;
Thence S 74 09' 28" E 313.67 ft. along the common boundary line
between the herein described 135.491 acre tract and said 60.920
acre tract to a 1/2" iron rod found for corner;
Thence S 81 04' 58" E 100.64 ft. along the common boundary line
between the herein described 135.491 acre tract and said 60.920
acre tract to a 1/2" iron rod found for corner;
Thence N 71 01' 05" E 82.77 ft. along the common boundary line
between the herein described 135.491 acre tract and said 60.920
acre tract to a 1/2" iron rod found for corner;
Thence S 70 40' 51" E 1457.33 ft. along the common boundary line
between the herein described 135.491 acre tract and said 60.920
acre tract, same being the north margin of a dirt road, to a 1/2"
iron rod found for corner;
Thence S 62 18' 51" E 152.27 ft. along the common boundary line
between the herein described 135.491 acre tract and said 60.920
acre tract, same being the north margin of a dirt road, to a 1/2"
iron rod found for corner;
Thence S 48 19' 19" E 171.50 ft. along the common boundary line
between the herein described 135.491 acre tract and said 60.920
acre tract, same being the north margin of a dirt road, to a 1/2"
iron rod found for corner;
Thence S 57 38' 24" E 69.76 ft. along the common boundary line
between the herein described 135.491 acre tract and said 60.920
acre tract, same being the north margin of a dirt road, to a 1/2"
iron rod found for corner;
Thence N 44 53' 16" E 712.02 ft. along the common boundary line
between the herein described 135.491 acre tract and said 60.920
acre tract to a 1/2" iron rod found for corner located on the
westerly line of a called 21.54 acre tract described as "Tract F-2"
in deed to The Trinity River Authority of Texas, recorded in Volume
129, Page 382 of the San Jacinto County Deed Records, same being the
Lake Livingston Fee Take Line;
Thence along the common line between said Champion and Trinity
River Authority tracts, same being the Lake Livingston Fee Take
Line, as follows:
S 57 36' 45"E 164.31 ft.,
S 22 09' 15"W 108.62 ft.,
S 65 09' 15"W 143.60 ft.,
S 29 09' 15"W 122.96 ft.,
S 08 07' 15"W 158.23 ft.,
S 06 56' 45"E 109.12 ft.,
N 18 57' 15"E 87.61 ft.,
N 10 54' 15"E 170.44 ft.,
N 42 06' 15"E 64.27 ft.,
N 56 30' 15"E 166.61 ft.,
N 39 50' 15"E 77.41 ft.,
N 06 42' 15"E 121.59 ft.,
N 42 34' 45"W 135.41 ft.,
N 13 47' 15"E 248.06 ft. and
N 34 43' 15"E 65.20 ft. to a 1/2" iron rod set
for corner;
Thence S 23 13' 00" E, across and severing said Champion Realty
tract, at 1368.33 ft. pass the terminal point of the centerline of a
40 ft. wide access and utilities, and continuing S 23 13' 00" E, in
all a total distance of 2723.27 ft. to a concrete monument found for
the common corner between said Champion Realty tract and a called
1.1 acre tract described in deed to Ocie B. Norman recorded in
Volume 99, Page 408 of said Official Public Records, located on the
common survey line between said Menard Survey and the John Crippen
Survey, A-11, said point being the most southern corner of the
herein described 135.491 acre tract;
Thence N 71 06' 28" W 2048.86 ft. along the southwest boundary line
of said Champion Realty tract, same being the common survey line
between said Menard and Crippen Surveys, common in part with the
north lines of said Norman called 1.1 acre tract, a called 3 acre
tract described in deed to Ocie B. Norman recorded in Volume 177,
Page 443 of the San Jacinto County Deed Records, a called 4.10 acre
tract described in deed to Ocie B. Norman recorded in Volume 176,
Page 529 of said Deed Records, a called 4.10 acre tract described in
deed to Dora N. Thomas recorded in Volume 174, Page 341 of said Deed
Records, a called 4.10 acre tract described in deed to Anne N.
Charles recorded in Volume 174, Page 344 of said Deed Records, a
called 4.10 acre tract described in deed to T. W. Elliott recorded
in Volume 21, Page 231 of said Official Public Records, a called
4.10 acre tract described in deed to Mattie N. Steely recorded in
Volume 174, Page 350 of said Deed Records, and a called 4.10 acre
tract described in deed to Joe Norman recorded in Volume 184, Page
667 of said Deed Records, to a concrete monument found marking the
north common corner between said Joe Norman called 4.10 acre tract
and the residue of a called 596 acre tract described as
"Twenty-fifth Tract" in deed to Thomas S. Foster recorded in Volume
6, Page 378 of said Deed Records;
Thence N 71 36' 16" W 2767.33 ft. along the common line between said
Champion Realty and Foster tracts, same being the common survey
line between said Menard and Crippen Surveys, to a 1/2" iron rod set
for the southwest corner of the herein described 135.491 acre tract
located on the northeast right of way line of said F.M. Highway No.
980;
Thence N 44 55' 13" W 1010.03 ft. along the northeast right of way
line of said F.M. Highway No. 980 to the place of beginning and
containing within these bounds 135.492 acres of land.
TRACT 4
FIELDNOTES TO 97.704 ACRES OF LAND AS SITUTATED IN THE M.B. MENARD
SURVEY, A-36, SAN JACINTO COUNTY, TEXAS, AND BEING OUT OF THAT
CERTAIN CALLED 419.014 ACRE TRACT CONVEYED BY LEWIE BYERS AND
ELAINE BYERS TO C. CONNER, LTD. BY DEED RECORDED IN CLERK'S FILE NO.
02-3084, PAGE 12791 OF THE OFFICIAL PUBLIC RECORDS OF SAID COUNTY,
SAID 97.704 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING at a 1/2 inch iron rod found for the east corner of this
tract on the northwest line of the Isaac Jones Survey, A-23, and of
the Ferris Company residue of a 238.19 acre tract recorded in Volume
184, Page 873 of the deed records of said county, same being the
south corner of the West Texas Resort Company 100.097 acre tract
described in Clerk's File No. 00-8617, Page 22122 of said official
records and being the lower east corner of said 419.014 acre tract;
THENCE: S 52 28' W 1402.99 Ft., with said northwest lines and the
lower southeast line of said 419.014 acres, to a concrete monument
found for an exterior corner of this and of said 419.014 acres, same
being the west corner of said 238.19 acres and the north corner of
the S.M. O'Brien, et al., Trustees, 112.2433 acre tract described
in Volume 43, Page 1274 of said official records;
THENCE: S 52 34' 30" W 2.39 Ft. continuing with said Isaac Jones
northwest line and the northwest line of said 112.2433 acres, to a
1/2 inch iron rod set for the south corner of this tract;
THENCE: N 37 26' W 3059.98 Ft, on a line severing said 419.014
acres to a 1/2 inch iron rod found for the west corner of this tract
on the southeast line of the James W. Brown 100.0 acre tract
recorded in Volume 183, Page 333 of said official records, same
being on a northwest line of said 419.014 acres and the northwest
line of a 7.070 acre 40 Ft. wide access and utility easement
described in Exhibit "B" in deed recorded in Volume 277, Page 500 of
said official records;
THENCE: NORTHEASTERLY along the northwest lines of said 419.014
and 7.070 acre tracts, the southeast line of said Brown 100.0 acres
and the southeast line of the Darrell L. Grein 210.619 acre tract
recorded in Volume 188, Page 586 of said official records as
follows:
1.N 58 46'E 99.57 Ft.,2.N 70 28'E 58.54 Ft.,
3.N 70 49'E 107.60 Ft.,4.N 73 25'E 134.05 ft.,
5.N 14 09'E 40.19 Ft.,6.S 75 37'E 32.88 Ft.,
7.N 75 50'E 34.84 Ft.,8.N 50 29'E 49.15 Ft.,
9.N 30 44'E 100.84 Ft.,10.N 27 10'E 128.08 Ft.
to a 1/2 inch iron rod found at the point of curvature of a curve to
the right.
THENCE: NORTHEASTERLY 195.70 Ft., continuing with said northwest
and southeast lines, in a curve having a central angle of 25 29'
01", a radius of 440.00 Ft. and a long chord bearing N 39 48' 30" E
194.09 Ft. to a 1/2 inch iron rod found for the point of tangency of
said curve;
THENCE: N 52 33' E 491.69 Ft., continuing with the southeast line of
said 210.619 acres and the northwest lines of said 419.014 and 7.070
acre tracts, to a 1/2 inch iron rod set for the north corner of this
tract;
THENCE: S 37 26' E on a line severing said 419.014 acres and along
the southwest line of said West Texas Resort Co. 100.097 acres, at
1413.82 Ft. pass a 1/2 inch iron rod found at the west corner of said
100.097 acres and an interior corner of said 419.014 acres, in all
3069.98 Ft. to the PLACE OF BEGINNING AND CONTAINING WITHIN THESE
BOUNDS 97.704 ACRES OF LAND more or less;
There is hereby reserved a 20 Foot wide utility easement southeast
of and parallel to the southeast line of the above mentioned 40 Foot
wide access and utility easement.
TOGETHER WITH THE FOLLOWING ACCESS AND UTILITY EASEMENT
Being 7.070 acres situated in the State of Texas, County of San
Jacinto, a part of the Michael B. Manard Survey, A-36, and being a
40 ft. wide easement over and across the called 1488.272 acre tract
described as "Second Parcel - T85SJI-a" in Exhibit "A" in Special
Warranty Deed to Champion Realty Corporation [Florida] as shown of
record in Volume 22, Page 834 of the Official Public Records of San
Jacinto County, Texas, said easement lying 20 ft. each side of the
centerline described as follows:
Beginning at the intersection of the centerline of Hidden Coves
Road [a 60 ft. wide county maintained roadway described in an
easement dated July 19, 1972, granted from Southland Paper Mills,
Inc. to the County of San Jacinto, Texas, and recorded in Volume
133, Page 272 of the Deed Records of San Jacinto County, Texas] with
the centerline of an existing roadway, said point bears S 42 01' 21"
E 3,003.18 ft. from a concrete monument found marking the
intersection of the north boundary line of said Champion lands with
the west right of way line of said Hidden Coves Road;
Thence S 67 44' 43" W 196.20 ft. along the centerline of said
roadway to an angle point in said centerline;
Thence S 69 00' 58" W 1,169.00 ft. along the centerline of said
roadway to the P.C. of a curve in said centerline;
Thence 714.09 ft. in a southwesterly direction along the centerline
of said roadway in a curve to the left having a central angle of 19
27' 52", the radius being 2,102.00 ft. and the chord bears S 59 17'
02" W 710.66 ft. to the P.T. of said curve;
Thence S 49 33' 06" W 241.00 ft. along the centerline of said
roadway to an angle point in said centerline;
Thence S 62 26' 14" W 124.01 ft. along the centerline of said
roadway to an angle point in said centerline;
Thence S 53 34' 26" W 1,129.89 ft. along the centerline of said
roadway to an angle point in said centerline;
Thence S 52 24' 05" W 729.59 ft. along the centerline of said
roadway to the P.C. of a curve in said centerline;
Thence 186.76 ft. in a southwesterly direction along the centerline
of said roadway in a curve to the left having a central angle of 25
28' 41", the radius being 420.00 ft. and the chord bears S 39 49'
44" W 185.23 ft. to the P.T. of said curve;
Thence S 27 05' 24" W 129.02 ft. along the centerline of said
roadway to an angle point in said centerline;
Thence S 30 46' 41" W 104.95 ft. along the centerline of said
roadway to an angle point in said centerline;
Thence S 50 29' 00" W 57.15 ft. along the centerline of said roadway
to an angle point in said centerline;
Thence S 75 56' 12" W 44.44 ft. along the centerline of said roadway
to the intersection with the centerline of another existing
roadway;
Thence S 48 49' 03" W 42.13 ft. along the centerline of said other
roadway to an angle point in said centerline;
Thence S 73 18' 15" W 137.87 ft. along the centerline of said
roadway to an angle point in said centerline;
Thence S 70 45' 57" W 107.30 ft. along the centerline of said
roadway to an angle point in said centerline;
Thence S 70 26' 43" W 56.39 ft. along the centerline of said roadway
to an angle point in said centerline;
Thence S 58 47' 51" W 96.51 ft. along the centerline of said roadway
to an angle point in said centerline;
Thence S 52 43' 04" W 1089.21 ft. along the centerline of said
roadway to an angle point in said centerline;
Thence S 52 38' 34" W 1028.63 ft. along the centerline of said
roadway to the P.C. of a curve in said centerline;
Thence 202.09 ft. in a southwesterly direction along the centerline
of said roadway in a curve to the right having a central angle of 38
35' 47", the radius being 300.00 ft. and the chord bears S 71 56'
27" W 198.29 ft. to the P.T. of said curve;
Thence N 88 45' 39" W 97.52 ft. along the centerline of said roadway
to the terminal point of the herein described access & utilities
easement located on the northeast boundary line of a 135.491 acre
tract surveyed this date out of said Champion Realty Corporation
lands, said point bears N 23 13' 00" W 1354.94 ft. from a concrete
monument found marking the most southern corner of said 135.491
acre tract and containing within the rights of way 7.070 acres of
land.
TRACT 5
Fieldnotes to all that certain tract of land, being 74.930 acres,
more or less, located in the Michael B. Menard Survey, Abstract No.
36 and the John Foster Survey, Abstract No. 121, in San Jacinto
County, Texas and being part of the called 100.00 acre tract
described in a Deed from Champion Realty Corporation to James W.
Brown, dated January 20, 1994 and recorded in Volume 183, Page 333
of the Official Public Records of San Jacinto County, Texas
(OPRSJCT). Said 74.891 acres being more particularly described by
metes and bounds' as follows:
BEGINNING at a 1/2 inch iron rod found for the easternmost common
corner of the referenced tract and a called 210.619 acre tract
described in a Deed from Champion Realty Corporation to Darrell L.
Grein, dated April 16, 1994 and recorded in Volume 188, page 586
OPRSJCT. Said corner is on the West margin of a public road known
locally as Hidden Coves Road (a 60 foot wide county maintained
roadway described in an easement dated July 19, 1972, granted to San
Jacinto County by Southland Paper Mills, Inc. and recorded in
Volume 133, Page 272 of the Deed Records of San Jacinto County,
Texas (DRSJCT).
THENCE in a southwesterly direction with the common lines of the
referenced tract and the said 210.619 acre tract as follows:
1. S 52 50' 21" W 1851.42 feet (basis of bearings) to a 1/2 inch
iron rod found for angle corner,
2. S 60 02' 41" W 355.17 feet to a 1/2 inch iron rod found for
angle corner,
3. S 61 52' 14" W 245.46 feet to a 1/2 inch iron rod found for
angle corner,
4. S 59 52' 24" W 809.57 feet to a 1/2 inch iron rod found for
angle corner and
5. S 41 17' 21" W 253.23 feet to a 1/2 inch iron rod found on the
West margin of a 40 foot wide access easement (easement
described in Exhibit "C" in said Deed recorded in Volume 183,
Page 333 OPRSJCT.
THENCE in a southeasterly direction continuing with the common
lines of the referenced tract and the said 210.619 acre tract and
along the West margin of the said access easement as follows:
1. S 30 51' 55" E 155.08 feet to a 1/2 inch iron rod found for
angle corner,
2. S 22 59' 48" E 122.02 feet to a 1/2 inch iron rod found for
angle corner,
3. S 27 43' 41" E 150.69 feet to a 1/2 inch iron rod found for
angle corner,
4. S 20 36' 31" E 173.64 feet to a 1/2 inch iron rod found for the
beginning of a curve to the right;
5. With said curve (having a radius of 332.50 feet, a central angle
of 31 40' 18", and a long chord of S 04 47' 44" E 181.47 feet) 183.80
feet to a 1/2 inch iron rod found for the end of the said curve,
6. S 11 03' 29" W 222.77 feet to a 1/2 inch iron rod found for
angle corner,
7. S 13 48' 30" W 83.54 feet to a 1/2 inch iron rod found for the
beginning of a curve to the left,
8. With the said curve (having a radius of 1230.00 feet, a central
angle of 11 34' 39", and a long chord of S 08 01' 51" W 248.12 feet)
248.54 feet to a 1/2 inch iron rod found for the end of the said
curve,
9. S 01 56' 33" W 131.34 feet to a 1/2 inch iron rod found for the
beginning of a curve to the left,
10. With the said curve (having a radius of 265.50 feet, a central
angle of 24 19' 02", and a long chord of S 09 32' 22" E 111.84
feet) 112.68 feet to a 1/2 inch iron rod found for the end of
the said curve,
11. S 21 37' 32" E 75.15 feet to a 1/2 inch iron rod found for the
beginning of a curve to the right,
12. With the said curve (having a radius of 112.00 feet, a central
angle of 41 30' 56", and a long chord of S 01 32' 09" E 79.39
feet) 81.15 feet to a 1/2 inch iron rod found for the end of
the said curve,
13. S 19 24' 39" W 112.50 feet to a 1/2 inch iron rod found for
angle corner,
14. S 11 28' 04" W 141.70 feet to a 1/2 inch iron rod found for
angle corner, and
15. S 08 10' 52" W 90.66 feet to a 1/2 inch iron rod found for the
most northeastern corner of a called 25.000 acre tract described in
a Deed from Wanda Brown Barrett to Bettie B. Brown, dated August 6,
1998 and recorded in Volume 292, Page 37 OPRSJCT;
THENCE S 53 33' 40" W 1630.91 feet with the Northwest line of the
said 25.000 acre tract to a 1/2 inch iron rod found for corner in the
most southwestern line of the referenced tract;
THENCE N 58 58' 32" W 928.30 feet with the common line of the
referenced tract and a called 48.304 acre tract described in a Deed
from Mary Jo Rousselow and Brian Lou Rousselow to Rex Luce, dated
August 8, 2003 and recorded under Clerk's File No. 03-6074 OPRSJCT
to a 1/2 inch iron rod found for the most westerly corner of the
referenced tract in the fee taking line for Lake Livingston
Reservoir (a 21.54 acre tract described as Tract S-2 in a Deed from
Southland Paper Mills, Inc., dated June 18, 1970 and recorded in
Volume 129, Page 382 DRSJCT,
THENCE in a northeasterly direction with the common lines of the
reference tract and the said 21.54 acre tract as follows:
1. N 16 21' 05" E 114.11 feet to a 5/8 inch iron rod found for
angle corner,
2. N 47 06' 20" E 61.06 feet to a 5/8 inch iron rod found for angle
corner,
3. N 54 36' 37" S 188.34 feet to a 5/8 inch iron rod found for angle
corner,
4. N 35 53' 04" E 112.35 feet to a point in lake for angle corner,
5. N 69 17' 14" E 120.76 feet to a 1/2 inch iron rod found for angle
corner,
6. N 81 23' 35" W 66.33 feet to a 1/2 inch iron rod found for angle
corner,
7. N 14 35' 05" E 104.67 feet to a 1/2 inch iron rod found for angle
corner, and
8. N 25 25' 51" W 139.38 feet to a point in the lake for the most
westerly common corner of the referenced tract and a called 120.000
acre tract described in a Deed from Champion Realty Corporation to
Jessie Gene Steel and wife, Cimantha Marie Steel, dated November
23, 1992 and recorded in Volume 158, Page 320 OPRSJCT;
THENCE in a northeasterly direction with the common lines of the
referenced tract and the said 120.000 acre tract as follows:
1. N 66 55' 42" E, passing at 70.35 feet a 1-inch iron rod found
for reference, continuing for a total distance of 576.22 feet to a
1/2 inch iron rod found for angle corner,
2. N 32 00' 58" E 962.58 feet to a 1/2 inch iron rod found for
angle corner,
3. N 30 08' 48" E 603.73 feet to a 1/2 inch iron rod found for angle
corner,
4. N 37 40' 08" E 242.71 feet to a 1/2 inch iron rod found for angle
corner,
5. N 41 16' 44" E 443.56 feet to a 1/2 inch iron rod found for angle
corner,
6. N 59 51' 45" E 820.21 feet to a 1/2 inch iron rod found for angle
corner,
7. N 61 50' 40" E 245.43 feet to a 1/2 inch iron rod found for angle
corner,
8. N 60 02' 49" E 350.48 feet to a 1/2 inch iron rod found for angle
corner, and
9. N 52 50' 21" E 1,866.02 feet to a 1/2 inch iron rod found for the
most easterly common corner of the referenced tract and the said
120.000 acre tract in the West margin of the said Hidden Cove Road;
THENCE S 20 06' 39" E 62.67 feet with the West margin of the said
Hidden Coves Road and the most northeasterly line of the referenced
tract to the PLACE OF BEGINNING, and containing 74.930 acres, more
or less, of which approximately 73.130 acres are located in the said
Menard Survey and approximately 1.80 acres are located in the said
Foster Survey.
TRACT 6
Being 130.45 acres of land, situated in the M.B. MENARD LEAGUE,
Abstract No. 36, and the JOHN CRIPPEN LEAGUE, Abstract No. 11,
(Isaac Jones Survey, Abstract No. 23 in conflict), all in San
Jacinto County, Texas, and being part of a called 238.19 acre tract
described in a Deed from W.T. Bennett, Trustee to the Farris Company
dated June 5, 1979 and recorded in Volume 184, page 873, Deed
Records of San Jacinto County, Texas, said 130.45 acres being more
definitely described as follows:
BEGINNING at the most westerly corner of said Farris Company called
238.19 acre tract and the north corner of a called 112.2433 acre
tract described as "Share 3" in a Partition Deed from Charles D.
McMurrey, et al to S.M. O'Brien, et al. Trustees dated August 28,
1984 and recorded in Volume 43, page 1274, Official Records, said
corner being in a southeast line of a Champion International Corp.
tract, found a 3" x 3" concrete monument for corner from which a 18"
Catalpa bears S 56 30' W - 34.5 feet;
THENCE N 52 33' 59" E, with the common boundary of said Farris
and Champion tracts, a distance of 1443.94 feet to a 5/8" iron rod
set for the north corner of the 130.45 acre tract herein described;
THENCE S 60 40' 56" E, across said Farris Company 238.19 acre
tract, a distance of 2279.89 feet to a 5/8" iron rod set for corner
in its southeast line and the northwest right-of-way line of U.S.
Highway No. 190;
THENCE southerly, with the northwest right-of-way line of U.S.
Highway No. 190, as follows:
(1)S 22 12' 24" W, a distance of 885.97 to a concrete
highway right-of-way monument found;
(2)S 43 46' 00" W, a distance of 215.75 to a concrete
highway right-of-way monument found; and
(3)S 19 24' 51" W, a distance of 54.13 to the intersection
of said Highway right-of-way with the Trinity River Authority Fee
Taking line for Lake Livingston Reservoir, same being a northeast
line of a called 229.91 acre tract described in a Deed from the
Farris Company to Trinity River Authority of Texas dated November
13, 1967 and recorded in Volume 107, page 263, Deed Records;
THENCE with the Fee Taking line of said Trinity River Authority
229.91 acres, as follows:
(1)N 17 56' 00" W, a distance of 165.40 feet to T.R.A.
Point No. 27;
(2)N 13 21' 00" W, a distance of 212.19 feet to a 5/8" iron
rod found for T.R.A. Point No. 26;
(3)N 74 17' 11" W, a distance of 337.17 feet to a 5/8" iron
rod found for T.R.A Point No. 25;
(4)S 60 02' 39" E, a distance of 332.11 feet to a 5/8" iron
rod found for T.R.A. Point No. 24;
(5)S 09 56' 13" E, a distance of 204.06 feet to a 5/8" iron
rod found for T.R.A. Point No. 23; and
(6)S 05 07' 01" E, a distance of 283.80 feet to the
intersection of said Fee Taking line with the northwest
right-of-way line of U.S. Highway No. 190;
THENCE southerly, with the northwest right-of-way line of U.S.
Highway No. 190, as follows:
(1)S 18 03' 14" W, a distance of 306.90 to a concrete
highway right-of-way monument found; and
(2)S 05 44' 23" E, a distance of 99.74 to the Intersection
of said Highway right-of-way with the Trinity River Authority Fee
Taking line for Lake Livingston Reservoir, same being a northwest
line of said T.R.A. called 229.91 acre tract;
THENCE with the Fee Taking line of said Trinity River Authority
229.91 acres, as follows:
(1)S 53 41' 00" W, a distance of 58.44 feet to a 5/8" iron
rod found for T.R.A. Point No. 20;
(2)S 24 33' 00" W, a distance of 130.18 feet to a T.R.A.
Point No. 19;
(3)N 44 07' 00" E, a distance of 133.64 feet to a T.R.A.
Point No. 18; and
(4)N 58 09' 00" E, a distance of 15.39 feet to the
intersection of said Fee Taking line with the northwest
right-of-way line of U.S. Highway No. 190;
THENCE southerly, with the northwest right-of-way line of U.S.
Highway No. 190, as follows:
(1)S 05 44' 23" E, a distance of 68.95 to a concrete
highway right-of-way monument found;
(2)S 11 42' 22" W, a distance of 616.26 to a concrete
highway right-of-way monument found;
(3)S 03 08' 05" E, a distance of 99.86 to a concrete
highway right-of-way monument found;
(4)S 08 38' 11" W, a distance of 352.42 feet to a concrete
highway right-of-way; and
(5)S 11 56' 00" W, a distance of 30.97 feet to a 5/8" iron
rod set for the south corner of said Farris called 238.19 acre tract
in a northeast line of Lake Livingston Subdivision according to a
Plat of record in Volume 86, page 351, Deed Records;
THENCE N 37 24' 30" W, with the common boundary of said Farris
tract and said Lake Livingston Subdivision, a distance of 1216.27
feet the north corner of said Subdivision and the east corner of
said O'Brien, Trustee 112.2433 acre tract, found a 3" x 3" concrete
monument from which a 16" Red Oak found bears S 18" W - 8.4 feet and
a 12" Post Oak found bears N45 W - 12.8 feet;
THENCE N 36 53' 57" W, with the common boundary of said Farris and
O'Brien, Trustee tracts, a distance of 2606.64 feet to the POINT OF
BEGINNING.
TRACT 7
Being 25.000 acres of land situated in the State of Texas, County of
San Jacinto, a part of the M.B. Menard Survey, A-36, and being out
of the called 1488.272 acre tract described as "Second Parcel -
T85SJ1-a" in Exhibit "A" in Special Warranty Deed to Champion
Realty Corporation [Florida] as shown of record in Volume 22, Page
834 of the San Jacinto Official Public Records, and this 25.000 acre
tract being more particularly described by metes and bounds as
follows:
Beginning at an iron rod found marking the most southern corner of a
20.000 acre tract titled to Charles E. Williams and wife, Jean
Williams, by deed recorded in Volume 146, Page 271 of said Official
Public Records, said point being an exterior corner of the herein
described 25.000 acre tract, located on the common survey line
between said Menard Survey and the Isaac Jones Survey, A-23, same
being the southeast line of said Champion Realty Corporation lands
and the northwest line of lands titled to The Farris Company of
Walker County by deed records in Volume 184, Page 873 of the San
Jacinto County Deed Records;
Thence S 52 34' 12" W, along the common line between said Champion
lands and said Farris Company lands, same being the common survey
line between said Menard and Jones Surveys, at 424.63 ft. pass a
concrete monument found on line, and continuing S 52 34' 12" W,
along the common line between said Champion and Farris Company
lands, in all a total distance of 904.13 ft. to an iron rod set
marking the most southern corner of the herein described 25.000
acre tract;
Thence N 37 25' 48" W 1,185.74 ft. to an iron rod set for the most
western corner of the herein described 25.000 acre tract;
Thence N 52 34' 12" E 2,183.55 ft. to an iron rod set for the most
northern corner of the herein described 25.000 acre tract located
on the southwest right of the way line of Hidden Coves Road [a
county maintained roadway];
Thence S 57 30' 39" E 63.88 ft. along the southwest right of way
line of said Hidden Coves Road to an iron rod set marking the most
eastern corner of the herein described 25.000 acre tract located on
the northwest line of a 20.000 acre titled to Robert M. Black and
wife, M. Renae Black, by deed recorded in Volume 153, Page 469 of
said Official Public Records;
Thence S 52 34' 12" W 1,511.53 ft. along the common line between the
herein described 25.000 acre tract and said Black 20.000 acre tract
to an iron rod found marking the most western corner of said Black
tract and an interior corner of the herein described 25.000 acre
tract;
Thence S 57 29' 05" E 612.91 ft. along the common line between the
herein described 25.000 acre tract and said Black 20.000 acre tract
to an iron rod found marking the west common corner between said
Black 20.000 acre tract and another 20.000 acre tract titled to
Charles E. Williams and wife, Jean Williams, by deed recorded in
Volume 146, Page 271 of said Official Public Records;
Thence S 37 25' 48" E 550.00 ft. along the common line between the
herein described 25.000 acre tract and said Williams 20.000 acre
tract to the place of beginning and containing within these bounds
25.000 acre of land.
TRACT 8
Being 48.304 acres of land situated in the State of Texas, County of
San Jacinto, a part of the Michael B. Menard Survey, A-36, and being
out of the residue of the called 1488.272 acre tract described as
"Second Parcel - T85SJI-a" in Exhibit "A" in Special Warranty Deed
to Champion Realty Corporation [Florida] as shown of record in
Volume 22, Page 834 of the Official Public Records of San Jacinto
County, Texas, and this 48.304 acre tract being more particularly
described by metes and bounds as follows:
Beginning at an iron rod found marking the east common corner
between the herein described 48.304 acre tract and a 100.00 acre
tract conveyed out of said Champion lands to James W. Brown by deed
recorded in Volume 183, Page 333 of said San Jacinto County Official
Public Records, located on the north right of way line of a 40 ft.
wide (7.070 acres) access and utilities easement described in
Exhibit "B" in deed to Freddy C. Palmer and wife, Carra B. Palmer,
recorded in Volume 277, Page 500 of said Official Public Records;
Thence S 15 59' 38" W (Bearings for this survey are based on deed
call for the northeast line of the 135.491 acre tract described in
deed to Freddy C. Palmer and wife, Carra B. Palmer recorded in
Volume 277, Page 500 of the San Jacinto County Official Public
Records), at 33.51 ft. pass the centerline of said 40 ft. wide
access and utilities easement, at 67.02 ft. pass the south right of
way line of said easement and continuing S 15 59' 38" W, in all a
total distance of 2,022.95 ft. to a concrete monument found for the
south common corner between the herein described 48.304 acre tract
and the 135.491 acre tract described in Exhibit "A" in deed to
Freddy C. Palmer and wife, Carra B. Palmer, recorded in Volume 277,
Page 500 of said Official Public Records, said point also being the
east corner of the called 1.10 acre tract described in deed to Ocie
B. Norman recorded in Volume 991, Page 408 of said Official Public
Records, and being located on the common survey line between said
Menard Survey and the John Crippen Survey, A-11;
Thence N 23 13' 00" W, along the common line between the herein
described 48.304 acre tract and said Palmer 135.491 acre tract, at
1,322.97 ft. pass the south right of way line of said 40 ft. wide
access and utilities easement, at 1,354.94 ft. pass the centerline
of said 40 ft. wide easement, at 1,376.91 ft. pass the north right
of way line of said easement, and in all a total distance of
2,723.27 ft. to a 1/2" iron rod set for the north common corner
between said tracts located on the Lake Livingston Fee Take Line
along the east back of Rocky Creek as described as "Tract F-2" (a
called 21.54 acre tract) in deed to Trinity River Authority of Texas
recorded in Volume 129, Page 382 of the San Jacinto County Deed
Records;
Thence along said Trinity River Authority Lake Livingston Fee Take
Line located on the east back of said Rocky Creek as follows:
N 25 00' 45"W 180.37 ft.,
N 00 48' 15"E 87.71 ft.,
N 23 54' 15"E 231.68 ft.,
S 21 51' 45"E 123.88 ft. and
S 83 29' 45"E 71.75 ft. to a 1/2" iron rod
set for the northwest common corner between the herein described
48.304 acre tract and a said Brown 100.000 acre tract;
Thence S 59 00' 13" E 1,743.66 ft. along the common line between the
herein described tract and said Brown 100.00 acre tract to the place
of beginning and containing within these bounds 48.304 acres of
land.
TRACT 9
Being 47.910 acres of land situated in the State of Texas, County of
San Jacinto, a part of the Isaac Jones Survey, A-23 [in conflict
with the John Crippen Survey, A-11], and being out of the called
208.908 acre tract described as "Fourth Parcel - T85SJ1-c" in
Exhibit "A" in Special Warranty Deed to Champion Realty Corporation
[Florida] as shown of record in Volume 22, Page 834 of the Official
Public Records of San Jacinto County, Texas, and this 47.910 acre
tract being more particularly described by metes and bounds as
follows:
Beginning at a 3"x3" concrete monument found for the south common
corner between said Champion Realty Corporation tract and a called
1.49 acre tract described in deed to Dungan, Ltd. recorded in Volume
248, Page 36 of said Official Public Records, located on the
northwest line of the called 2 acre tract described as "Exception"
in deed to Houston Baptist University recorded in Volume 200, Page
561 of said Deed Records;
Thence N 35 35' 58" W (Bearings for this survey are based on the
8.004 acre tract described in deed to Randle McLarrin recorded in
Volume 125, Page 569 of the San Jacinto County Official Public
Records); along the west line of said Champion Realty tract, common
in part with the east lines of said Dungan, Ltd. called 1.49 acre
tract, a called 14.159 acre tract described as "Second Tract" in
deed to Cynthia P. Pira recorded in Volume 148, Page 334 of said
Official Public Records and a called 24.99 acre tract described as
"Seventh Tract" in Partition Deed to Dentigue Butler recorded in
Volume 24, Page 358 of said Official Public Records, at 1,663 ft.
cross the centerline of a county maintained roadway, and in all a
total distance of 2,498.16 ft. to a 1/2" iron rod found for the most
northern corner of the herein described 47.910 acre tract located
on the southwest right-of-way line of said F.M. Highway No. 980
described in the 15.298 acre Right-of-Way Easement to the State of
Texas recorded in Volume 120, Page 105 of the San Jacinto County
Deed Records;
Thence in a southeasterly direction along the southwest
right-of-way line of said F.M. Highway No. 980, at 943 ft. cross the
centerline of said county maintained roadway, and in all a total arc
length of 1,035.38 ft. in a curve to the left having a central angle
of 49 11' 35", the radius being 1,205.92 ft. and the chord bears S
67 46' 08" E 1,003.87 ft. to a 1/2" iron rod found marking the P.T.
of said curve;
Thence N 87 38' 05" E 265.59 ft. along the southwest right-of-way
line of said F.M. Highway No. 980 to a 1/2" iron rod found marking
the P.C. of a curve in said right of way, from said point a concrete
right of way monument found bears N 53 23' E 1.16 ft;
Thence 286.24 ft. in a southeasterly direction along the southwest
right-of-way line of said F.M. Highway No. 980 in a curve to the
right having a central angle of 11 57' 00", the radius being
1,372.40 ft. and the chord bears S 86 23' 25" E 285.72 ft. to a 1/2"
iron rod found marking the P.T. of said curve;
Thence S 80 24' 55" E 826.67 ft. along the southwest right-of-way
line of said F.M. Highway No. 980 to a concrete right of way
monument found marking the P.C. of a curve in said right of way;
Thence 233.86 ft. in a southeasterly direction along the southwest
right-of-way line of said F.M. Highway No. 980 in a curve to the
right having a central angle of 07 14' 36", the radius being
1,849.86 ft. and the chord bears S 76 47' 37" E 233.70 ft. to a 1/2"
iron rod set for the north common corner between the herein
described 47.910 acre tract and a 10.000 acre tract surveyed this
date out of said Champion Realty Corporation tract;
Thence S 27 50' 40" W 1,270.51 ft. along the common line between the
herein described 47.910 acre tract and said 10.000 acre tract to a
1/2" iron rod set for the south common corner between said tracts
located on the common line between said Champion Realty Corporation
tract and the called 18 acre tract described as "Tract 2" in deed to
Houston Baptist University recorded in Volume 200, Page 561 of said
Deed Records;
Thence S 55 11' 56" W 578.19 ft. along the southeast line of said
Champion Realty tract, common in part with the northwest lines of
said Houston Baptist University called 18 acre tract and said
called 2 acre tract described as "Exception" in said deed to Houston
Baptist University recorded in Volume 200, Page 561 of said Deed
Records, to the place of beginning and containing within these
bounds 47.910 acres of land.
TRACT 10
Being 120.000 acres of land situated in the State of Texas, County
of San Jacinto, 117.017 acres being a part of the Michael B. Menard
Survey, A-36, and being out of the called 1488.272 acre tract
described as "Second Parcel - T85SJ1-a" in Exhibit "A" in Special
Warranty Deed to Champion Realty Corporation [Florida] as shown of
record in Volume 22, Page 834 of the Official Public Records of San
Jacinto County, Texas, and 2.983 acres being a part of the John
Foster Survey, A-121, and being out of the called 17.486 acre tract
described as "Fifth Parcel - T85SJ1-d" in Exhibit "A" in said
Special Warranty Deed, and this 120.000 acre tract being more
particularly described by metes and bounds as follows:
Beginning at an iron rod found marking the intersection of the
northwest line of said Champion Realty Corporation [Florida] lands
with the Trinity River authority Lake Livingston Fee Take Line
located on the east bank of Rocky Creek, said point being the most
western corner of the herein described 120.000 acre tract;
Thence N 66 00' 15" E 462.78 ft. along the northwest boundary line
of said Champion lands to a concrete monument found marking an
interior corner of said Champion lands;
Thence N 22 55' 42" W 553.69 ft. along the boundary line said
Champion lands to a concrete monument found marking an exterior
corner of said tract;
Thence N 66 55' 42" E 2,597.73 ft. along the northwest boundary
line of said Champion lands to a concrete monument found marking an
interior corner of said tract;
Thence S 22 14' 44" E 1,219.49 ft. to an iron rod set marking an
interior corner of the herein described 120.000 acre tract;
Thence N 37 40' 08" E 138.68 ft. to an iron rod set for corner;
Thence N 41 16' 44" E, at 250.29 ft. pass the centerline of a 40 ft.
wide access easement over and across said Champion lands, and
continuing N 41 16' 44" E, in all a total distance of 461.12 ft. to
an iron rod set for corner;
Thence N 59 51' 45" E 836.50 ft. to an iron rod set for corner;
Thence N 61 50' 40" E 245.58 ft. to an iron rod set for corner;
Thence N 60 02' 49" E 343.40 ft. to an iron rod set for corner;
Thence N 52 50' 21" E 1,887.95 ft. to an iron rod set the most
northern corner of the herein described 120.000 acre tract located
on the west right of way line of Hidden Coves Road [a 60 ft. wide
county maintained roadway described in easement dated July 19,
1972, granted from Southland Paper Mills, Inc. to the County of San
Jacinto, Texas and recorded in Volume 133, Page 272 of the Deed
Records of said San Jacinto County];
Thence S 20 06' 39" E 94.14 ft. along the west right of way line of
said Hidden Coves Road to an iron rod set marking the most eastern
corner of the herein described 120.000 acre tract;
Thence S 52 50' 21" W 1,866.02 ft. to an iron rod set for corner;
Thence S 60 02' 49" W 350.48 ft. to an iron rod set for corner;
Thence S 61 50' 40" W 245.43 ft. to an iron rod set for corner;
Thence S 59 51' 45" W 820.21 ft. to an iron rod set for corner;
Thence S 41 16' 44" W, at 222.70 ft. pass the centerline of a 40 ft.
wide access easement over and across said Champion lands, and
continuing S 41 16' 44" W, in all a total distance of 443.56 ft. to
an iron rod set for corner;
Thence S 37 40' 08" W 242.71 ft. to an iron rod set for corner;
Thence S 30 08' 48" W 603.73 ft. to an iron rod set for corner;
Thence S 32 00' 58" W 962.58 ft. to an iron rod set for corner;
Thence S 66 55' 42" W 576.22 ft. to an iron rod set for the most
southern corner of the herein described 120.000 acre tract located
on said Trinity River Authority Lake Livingston Fee Take Line along
the east bank of Rocky Creek;
Thence along said Trinity River Authority Lake Livingston Fee Take
Line located on east bank of said Rocky Creek as follows:
N 25 26' 45"W 48.70 ft.,
N 44 58' 45"W 225.95 ft.,
N 52 21' 45"W 192.26 ft.,
N 29 53' 45"W 121.04 ft.,
N 36 28' 15"E 187.39 ft.,
N 27 00' 45"W 69.76 ft.,
N 45 04' 15"E 133.40 ft.,
S 67 45' 15"W 152.85 ft.,
S 10 46' 45"E 119.15 ft.,
S 62 15' 15"W 103.97 ft.,
N 46 27' 45"W 104.39 ft.,
N 68 25' 45"W 154.60 ft.,
N 14 14' 45"W 59.00 ft.,
S 61 20' 15"W 61.46 ft.,
N 87 42' 45"W 94.94 ft.,
N 26 55' 45"W 66.61 ft.,
S 21 12' 15"W 66.76 ft.,
N 77 57' 45"W 156.65 ft.,
N 62 35' 45"W 220.37 ft.,
N 07 44' 15"E 136.84 ft.,
S 52 47' 15"W 113.69 ft.,
N 50 39' 45"W 201.89 ft.,
S 70 42' 15"W 93.55 ft.,
N 69 56' 45"W 122.22 ft. and
N 33 57' 45" W 131.45 ft. to the place
of beginning and containing with these bounds 120.000 acres of
land.
There is reserved over the above described 120.000 acre tract an
access roadway easement being 40 ft. in width and lying 20 ft. each
side of the centerline described as follows:
Beginning at the intersection of the southeast line of said 120.000
acre tract with the centerline of the herein described 40 ft. wide
easement, said point bears S 41 16' 44" W 222.70 ft. from an iron
rod marking an interior corner of said 120.000 acre tract;
Thence N 23 05' 53" W 49.12 ft. and N 42 02' 29" W 46.02 ft. along
the centerline of the herein described easement to its terminal
point at the intersection of said centerline with the north line of
said 120.000 acre tract, said point bears N 41 16' 44" E 250.29 ft.
from an iron rod marking an exterior corner of said 120.000 acre
tract and containing within the rights of way 0.087 acre of land.
TRACT 11
Being 210.598 acres of land situated in the State of Texas, County
of San Jacinto, 194.798 acres being a part of the Michael B. Menard
Survey, A-36, and 15.799 acres being a part of the John Foster
Survey, A-120, and being the same land described in Special
Warranty Deed to Darrell L. Grein recorded in Volume 188, Page 586
of the Official Public Records of San Jacinto County, Texas, and
this 210.598 acre tract being more particularly described by metes
and bounds as follows:
Beginning at an iron rod found marking the east common corner
between said Grein called 210.619 acres and the called 74.981 acres
described in deed to APMI Athens Limited Partnership recorded under
Clerk's File No. 06-3039, Page 13107 of said Official Public
Records, said point being located on the west right of way line of
Hidden Coves Road [a 60 ft. wide county maintained roadway
described in easement dated July 19, 1972, granted from Southland
Paper Mills, Inc. to the County of San Jacinto, Texas, and recorded
in Volume 133, Page 272 of the Deed Records of said San Jacinto
County];
Thence S 20 06' 39" E 48.63 ft. along the east line of said Grein
tract, same being the west right of way line of said Hidden Coves
Road, to a 1/2" iron rod set for corner;
Thence S 04 26' 43" E 1,256.06 ft. along the east line of said
Grein tract, same being the west right of way line of said Hidden
Coves Road to a 3/8" iron rod found for corner;
Thence S 70 40' 25" E 682.54 ft. along the east line of said Grein
tract, same being the west right of way line of said Hidden Coves
Road, to a concrete monument found for corner;
Thence S 66 37' 05" E 1,199.46 ft. along the east line of said
Grein tract, same being the west right of way line of said Hidden
Coves Road to a 1/2" iron rod set for the most eastern corner of the
herein described 210.598 acre tract and the most northern corner of
the 10.00 acres described in deed to Mark A. Budzise and Samuel M.
Borcato recorded under Clerk's File No. 03-3823, Page 16195,
located at the intersection of the west right of way line of said
Hidden Coves Road with the northwest right of way line of a 40 ft.
wide non-exclusive access and utility easement for ingress and
egress described in said Grein deed (said easement also described
in instruments recorded in Volume 183, Page 333 and Volume 277, Page
500 of said Official Public Records);
Thence S 67 35' 00" W 134.10 ft. along the southeast line of said
Grein tract and the northwest line of said Budzise and Brocato 10.00
acres, same being the northwest right of way line of said 40 ft.
wide easement, to a 1/2" iron rod found marking an angle point in
said common line;
Thence S 69 01' 27" W 1,168.83 ft. along the southeast line of said
Grein tract, same being the northwest right of way line of a 40 ft.
wide easement, common in part with the northwest lines of said
Budzise and Brocato 10.00 acres and the 29.933 acres described in
deed to Mark A. Budzise recorded under Clerk's File No. 06-4096,
Page 17393 of said Official Public Records, to a 1/2" iron rod found
marking the P.C. of a curve in said right of way line;
Thence 720.97 ft. in a southwesterly direction along the southeast
line of said Grein tract, same being the northwest right of way line
of a 40 ft. wide easement, common in part with
the northwest lines of said Budzise 29.933 acres and the 64.122
acres described in deed to Carlo Mazzella and wife, Glenda
Mazzella, recorded under Clerk's File No. 02-5952, Page 25245 of
said Official Public Records, in a curve to the left having a
central angle of 19 28' 00", the radius being 2,122.00 ft. and the
chord bears S 59 17' 27" W 717.50 ft. to a 1/2" iron rod found
marking the P.T. of said curve;
Thence S 49 33' 27" W 238.78 ft. along the common line between said
Grein and Mazzella tracts, same being the northwest right of way
line of said 40 ft. wide easement, to a 1/2" iron rod found marking
an angle point in said line;
Thence S 62 21' 47" W 123.62 ft. along the common line between said
Grein and Mazzella tracts, same being the northwest right of way
line of said 40 ft. wide easement, to a 1/2" iron rod found marking
an angle point in said line;
Thence S 53 34' 27" W 1,131.33 ft. along the common line between
said Grein and Mazzella tracts, same being the northwest right of
way line of said 40 ft. wide easement, to a 1/2" iron rod found
marking an angle point in said line;
Thence S 52 34' 52" W, along the common line between said Grein and
Mazzella tracts, same being the northwest right of way line of said
40 ft. wide easement, at 238.63 ft. pass a 1/2" iron rod found
marking the northwest common corner between said Mazzella tract and
the 97.731 acres described in deed to APMI Athens Limited
Partnership recorded under Clerk's File No. 07-2588, Page 10948 of
said Official Public Records, and continuing along the common line
between said Grein and APMI Athens Limited Partnership tract, in
all a total distance of 729.99 ft. to a 1/2" iron rod found marking
the P.C. of a curve;
Thence 195.84 ft. in a southwesterly direction along the common
line between said Grein and APMI Athens Limited Partnership tract,
same being the northwest right of way line of said 40 ft. wide
easement, in a curve to the left having a central angle of 25 30'
07", the radius being 440.00 ft. and the chord bears S 39 49' 48" W
194.23 ft. to a 1/2" iron rod found marking the P.T. of said curve;
Thence S 27 06' 11" W 128.38 ft. along the common line between said
Grein and APMI Athens Limited Partnership tract, same being the
northwest right of way line of said 40 ft. wide easement, to a 1/2"
iron rod found marking an angle point in said line;
Thence S 30 47' 28" W 100.83 ft. along the common line between said
Grein and APMI Athens Limited Partnership tract, same being the
northwest right of way line of said 40 ft. wide easement, to a 1/2"
iron rod found marking an angle point in said line;
Thence S 50 23' 48" W 49.15 ft. along the common line between said
Grein and APMI Athens Limited Partnership tract, same being the
northwest right of way line of said 40 ft. wide easement, to a 1/2"
iron rod found marking an angle point in said line;
Thence S 76 04' 14" W 34.85 ft. along the common line between said
Grein and APMI Athens Limited Partnership tract, same being the
northwest right of way line of said 40 ft. wide easement, to a 1/2"
iron rod found marking an angle point in said line;
Thence N 75 22' 58" W 32.67 ft. along the common line between said
Grein and APMI Athens Limited Partnership tract, same being the
northwest right of way line of said 40 ft. wide easement, to a 1/2"
iron rod found marking an angle point in said line;
Thence S 14 37' 02" W 40.00 ft. along the common line between said
Grein and APMI Athens Limited Partnership tract, over and across
said 40 ft. wide easement, to a 1/2" iron
rod found marking a common corner between said Grein tract, said
APMI Athens Limited Partnership 97.731 acre tract and the 25.00
acre tract described in deed to APMI Athens Limited Partnership
recorded under Clerk's File No. 06-3040, Page 13118 of said
Official Public Records, located on the west right of way line of
said 40 ft. wide easement, said point being the most southern corner
of the herein described 210.598 acre tract;
Thence along the common line between said Grein tract and said APMI
Athens Limited Partnership 25.000 acre tract, same being the west
right of way line of said 40 ft. wide easement, as follows:
1.N 75 33' 58" W 75.87 ft. to a 1/2" iron rod found for corner;
2.N 80 28' 19" W 90.22 ft. to a 1/2" iron rod found for corner;
3.S 84 38' 07" W 56.88 ft. to a 1/2" iron rod found marking the
P.C. of a curve;
4.84.67 ft. in a northwesterly direction in a curve to the right
having a central angle of 61 23' 34", the radius being 79.02
ft. and the chord bears N 64 46' 27" W 80.68 ft. to a 1/2" iron
rod found marking the P.T. of said curve;
5.N 34 05' 08" W 249.87 ft. to a 1/2" iron rod found for corner;
6.N 29 00' 00" W 121.63 ft. to a 1/2" iron rod found marking the
P.C. of a curve;
7.60.06 ft. in a northwesterly direction, in a curve to the left
having a central angle of 15 38' 32", the
radius being 220.00 ft. and the chord bears N
36 54' 27" W 59.88 ft. to an iron rod found
marking the P.T. of said curve;
8.N 44 35' 11" W 93.35 ft. to a 1/2" iron rod found marking the
P.C. of a curve;
9.100.26 ft. in a northerly direction, in a curve to the right
having a central angle of 52 50' 54", the radius being 108.70
ft. and the chord bears N 18 16' 44" W 96.75 ft. to a 1/2" iron
rod set marking the P.T. of said curve, said point also being
the east common corner between said APMI Athens Limited
Partnership 25.000 acres and the 74.981 acres described in deed
to APMI Athens Limited Partnership recorded under Clerk's File
No. 06-3039, Page 13107 of said Official Public Records;
Thence along the common line between said Grein tract and said APMI
Athens Limited Partnership 74.981 acre tract, same being the west
right of way line of said 40 ft. wide easement, as follows:
1.N 08 10' 52" E 90.66 ft. to a 1 /2" iron rod found for corner;
2.N 11 28' 04" E 141.70 ft. to a 1 /2" iron rod found for corner;
3.N 19 24' 39" E 112.50 ft. to a 1 /2" iron rod found marking the
P.C. of a curve;
4.81.15 ft. in a northerly direction, in a curve to the left
having a central angle of 41 30' 56", the radius being 112.00
ft. and the chord bears N 01 32' 09" W 79.39 ft. to a 1 /2" iron
rod found marking the P.T. of said curve;
5.N 21 37' 32" W 75.15 ft. to a 1 /2" iron rod found marking the
P.C. of a curve;
6.112.68 ft. in a northerly direction, in a curve to the right
having a central angle of 24 19' 02", the radius being 265.50
ft. and the chord bears N 09 32' 22" W 111.84 ft. to a 1 /2" iron
rod found marking the P.T. of said curve;
7.N 01 56' 33" E 131.34 ft. to a 1 /2" iron rod found marking the
P.C. of a curve;
8.248.54 ft. in a northerly direction, in a curve to the right
having a central angle of 11 34' 39", the radius being 1,230.00
ft. and the chord bears N 08 01' 51" E 248.12 ft. to a 1 /2" iron
rod found marking the P.T. of said curve;
9.N 13 48' 30" E 83.54 ft. to a 1 /2" iron rod found for corner;
10.N 11 03' 29" E 222.77 ft. to a 1 /2" iron rod found marking the
P.C. of a curve;
11.183.80 ft. in a northerly direction, in a curve to the left
having a central angle of 31 40' 18", the radius being 332.50
ft. and the chord bears N 04 47' 44" W 181.47 ft. to a 1 /2" iron
rod found marking the P.T. of said curve;
12.N 20 36' 31" W 173.64 ft. to a 1 /2" iron rod found for corner;
13.N 27 43' 41" W 150.69 ft. to a 1 /2" iron rod found for corner;
14.N 22 59' 48" W 122.02 ft. to a 1 /2" iron rod found for corner;
15.N 30 51' 55" W 155.08 ft. to a 1 /2" iron rod found marking the
northwest corner of the herein described
210.598 acre tract;
16.N 41 17' 21" E, at 42.03 ft. pass the east right of way line of
said 40 ft. wide easement, and continuing N 41 17' 21" E, along
said common line, in all a total distance of 253.23 ft. to a
1/2" iron rod found for corner;
17.N 59 52' 24" E 809.57 ft. to a 1 /2" iron rod found for corner;
18.N 61 52' 14" E 245.46 ft. to a 1 /2" iron rod found for corner;
19.N 60 02' 41" E 355.17 ft. to a 1 /2" iron rod found for corner;
20.N 52 50' 21" E 1,851.42 ft. to the place of beginning and
containing within these bounds 210.599 acres
of land.
Bearings for this survey are based on deed call for the most
northerly northwest line of the called 210.619 acres described in
deed to Darrell L. Grein recorded in Volume 188, Page 586 of the
Official Public Records of San Jacinto County, Texas.
SECTION3.(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.
SECTION4.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.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B.No.2518 passed the Senate on
May7,2009, by the following vote:Yeas31, Nays0.
______________________________
Secretary of the Senate
I hereby certify that S.B.No.2518 passed the House on
May26,2009, by the following vote:Yeas146, Nays0, one
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor