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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 Brazoria County Municipal Utility |
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District No. 63; providing authority to impose a tax and issue |
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bonds; granting a limited power of eminent domain. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 8365 to read as follows: |
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CHAPTER 8365. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 63 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8365.001. 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 Brazoria County Municipal |
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Utility District No. 63. |
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Sec. 8365.002. NATURE OF DISTRICT. The district is a |
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municipal utility district created under Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 8365.003. 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. 8365.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 8365.003 |
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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. 8365.005. 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: |
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(1) a municipal utility district as provided by |
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general law and Section 59, Article XVI, Texas Constitution; and |
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(2) Section 52, Article III, Texas Constitution, that |
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relate to the construction, acquisition, or improvement of |
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macadamized, graveled, or paved roads described by Section 54.234, |
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Water Code, or improvements, including storm drainage, in aid of |
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those roads. |
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Sec. 8365.006. 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 8365.007-8365.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8365.051. 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 8365.052, directors serve |
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staggered four-year terms. |
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Sec. 8365.052. 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 8365.003; 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 8365.003 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 8365.003; 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 8365.053-8365.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8365.101. 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. 8365.102. MUNICIPAL UTILITY DISTRICT POWERS AND |
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DUTIES. The district has the powers and duties provided by the |
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general law of this state, including Chapters 49 and 54, Water Code, |
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applicable to municipal utility districts created under Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 8365.103. AUTHORITY FOR ROAD PROJECTS. (a) Under |
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Section 52, Article III, Texas Constitution, the district may |
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design, acquire, construct, finance, issue bonds for, improve, and |
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convey to this state, a county, or a municipality for operation and |
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maintenance macadamized, graveled, or paved roads described by |
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Section 54.234, Water Code, or improvements, including storm |
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drainage, in aid of those roads. |
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(b) The district may exercise the powers provided by this |
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section without submitting a petition to or obtaining approval from |
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the Texas Commission on Environmental Quality as required by |
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Section 54.234, Water Code. |
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Sec. 8365.104. APPROVAL OF ROAD PROJECT. (a) The district |
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may not undertake a road project authorized by Section 8365.103 |
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unless: |
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(1) each municipality or county that will operate and |
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maintain the road has approved the plans and specifications of the |
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road project, if a municipality or county will operate and maintain |
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the road; or |
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(2) the Texas Transportation Commission has approved |
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the plans and specifications of the road project, if the state will |
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operate and maintain the road. |
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(b) Except as provided by Subsection (a), the district is |
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not required to obtain approval from the Texas Transportation |
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Commission to design, acquire, construct, finance, issue bonds for, |
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improve, or convey a road project. |
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Sec. 8365.105. 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 54.016 or 54.0165, Water Code, and that consents to the |
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creation of the district or to the inclusion of land in the |
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district. |
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Sec. 8365.106. LIMITATION ON USE OF EMINENT DOMAIN. The |
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district may not exercise the power of eminent domain outside the |
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district to acquire a site or easement for: |
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(1) a road project authorized by Section 8365.103; or |
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(2) a recreational facility as defined by Section |
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49.462, Water Code. |
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Sec. 8365.107. DIVISION OF DISTRICT. (a) The district may |
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be divided into two or more new districts only if the district: |
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(1) has no outstanding bonded debt; and |
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(2) is not imposing ad valorem taxes. |
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(b) This chapter applies to any new district created by the |
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division of the district, and a new district has all the powers and |
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duties of the district. |
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(c) Any new district created by the division of the district |
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may not, at the time the new district is created, contain any land |
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outside the area described by Section 2 of the Act creating this |
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chapter. |
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(d) The board, on its own motion or on receipt of a petition |
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signed by the owner or owners of a majority of the assessed value of |
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the real property in the district, may adopt an order dividing the |
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district. |
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(e) The board may adopt an order dividing the district |
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before or after the date the board holds an election under Section |
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8365.003 to confirm the district's creation. |
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(f) An order dividing the district shall: |
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(1) name each new district; |
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(2) include the metes and bounds description of the |
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territory of each new district; |
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(3) appoint temporary directors for each new district, |
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or provide that the owner or owners of a majority of the assessed |
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value of the real property in the district may submit a petition to |
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the Texas Commission on Environmental Quality requesting that the |
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commission appoint as temporary directors the five persons named in |
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the petition; |
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(4) provide for the division of assets and liabilities |
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between or among the new districts; and |
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(5) be subject to a confirmation election in each new |
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district. |
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(g) On or before the 30th day after the date of adoption of |
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an order dividing the district, the district shall file the order |
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with the Texas Commission on Environmental Quality and record the |
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order in the real property records of each county in which the |
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district is located. |
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(h) Any new district created by the division of the district |
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shall hold a confirmation and directors' election as required by |
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Section 8365.003. The results of that election must be filed as |
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required by Sections 49.102(e) and (f), Water Code. If the voters |
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of a new district do not confirm the creation of the new district, |
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the assets, liabilities, territory, and governance of the new |
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district revert to the original district. |
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(i) Municipal consent to the creation of the district and to |
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the inclusion of land in the district granted under Section |
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8365.004 acts as municipal consent to the creation of any new |
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district created by the division of the district and to the |
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inclusion of land in the new district. |
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(j) Any new district created by the division of the district |
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must hold an election as required by this chapter to obtain voter |
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approval before the district may impose a maintenance tax or issue |
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bonds payable wholly or partly from ad valorem taxes. |
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[Sections 8365.108-8365.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8365.151. 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 8365.153. |
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(b) The district must hold an election in the manner |
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provided by Chapters 49 and 54, Water Code, to obtain voter approval |
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before the district may impose an ad valorem tax or issue bonds |
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payable from ad valorem taxes. |
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(c) The district may not issue bonds payable from ad valorem |
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taxes to finance a road project unless the issuance is approved by a |
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vote of a two-thirds majority of the district voters voting at an |
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election held for that purpose. |
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Sec. 8365.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8365.151, 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. 8365.153. 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 8365.154-8365.200 reserved for expansion] |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 8365.201. 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. 8365.202. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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board shall provide for the annual imposition of a continuing |
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direct ad valorem tax, without limit as to rate or amount, while all |
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or part of the bonds are outstanding as required and in the manner |
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provided by Sections 54.601 and 54.602, Water Code. |
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Sec. 8365.203. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of bonds or other obligations |
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issued or incurred to finance road projects and payable from ad |
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valorem taxes may not exceed one-fourth of the assessed value of the |
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real property in the district. |
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SECTION 2. The Brazoria County Municipal Utility District |
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No. 63 initially includes all the territory contained in the |
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following area: |
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EIGHT TRACTS OF LAND TOTALING 960.05 ACRES DESCRIBED AS FOLLOWS: |
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TRACT 1: |
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A survey of 185.59 acres of land, being a part of that certain |
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called 325.54 Acre Tract containing Lots 12, 13, and 14, and those |
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platted roads lying between said Lots, of the Bogart and Taylor |
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Subdivision of the West 1/2 of the W.D.C. Hall League, Abstract 69, |
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Brazoria County, Texas, according to the Plat recorded in Volume 1, |
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Page 64, Plat Records, and Volume 16, Pages 518-519, Deed Records of |
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Brazoria County, Texas (B.C.D.R), and being a part of that certain |
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called 326.04 Acre Tract described in a deed from Elmer M. Cannon, |
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Jr. to Tehama Communities, LLP recorded in Clerk's File (C.F.) |
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2006-074531, said 185.59 Acre Tract being more particularly |
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described as follows: |
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BEGINNING at a 1/2 inch iron rod found in the West |
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right-of-way line of County Road 48 (60.0 feet wide), said point |
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being a Northeast corner of this tract and the Southeast corner of a |
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tract described as Tract One in a deed to Allen W. Gibson recorded |
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in C.F. 2001-017726, said point being located South 03 degrees 02 |
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minutes 44 seconds East, 990.09 feet, from a sucker rod found at the |
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intersection of the West right-of-way line of County Road 48 with |
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the South right-of-way line of County Road 841 (60.0 feet wide); |
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THENCE South 03 degrees 02 minutes 44 seconds East, along |
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said West right-of-way line of County Road 48, 330.0 feet, to a |
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point for corner a the Northeast corner of the Ann M. Doggett Tract |
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described in Volume 1474, Page 244, B.C.D.R.; |
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THENCE South 86 degrees 56 minutes 42 seconds West, along the |
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North line of said Doggett Tract, at 7.0 feet pass a 1/2 inch iron |
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rod set for reference, and continue for a total distance of 1,318.61 |
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feet to a 1/2 inch iron rod found inside a 3 inch iron pipe at the |
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Northwest corner of said Doggett Tract; |
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THENCE South 02 degrees 56 minutes 25 seconds East, along the |
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West line of said Doggett Tract, 330.30 feet, to a 1/2 inch iron rod |
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found inside a 3 inch iron pipe at the Southwest corner of said |
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Doggett Tract; |
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THENCE North 86 degrees 56 minutes 42 seconds East, along the |
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South line of said Doggett Tract, at 1,311.87 feet pass a 1 inch |
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iron pipe found, and continue for a total distance of 1319.22 feet |
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to a point marking the Southeast corner of said Doggett Tract in |
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said West right-of-way line of said County Road 48; |
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THENCE South 03 degrees 02 minutes 44 seconds East, along |
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said West right-of-way line of County Road 48, 979.20 feet, to the |
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centerline of a 60.0 foot platted road (not open) for corner, said |
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point being the Eastern most Southeast corner of the herein |
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described tract; |
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THENCE South 86 degrees 57 minutes 14 seconds West, along |
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said centerline of a 60.0 foot platted road, 3,882.14 feet, to the |
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Southern most Southwest corner of the herein described tract for |
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corner, said point also lying in the Northeast right-of-way line of |
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F.M. 521 (100.0 feet wide); |
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THENCE North 18 degrees 47 minutes 40 seconds West, along |
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said Northeast right-of-way line of F.M. 521, 449.11 feet, to a |
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broken concrete monument found for corner in the common line of the |
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W.D.C. Hall League, Abstract 69, and the John Hall League, Abstract |
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68, said point being the Southern most corner of the Earl A. Key |
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Tract described in C.F. 1998-045344; |
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THENCE North 03 degrees 15 minutes 37 seconds West, along the |
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said common line of the W.D.C. Hall League, Abstract 69, and the |
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John Hall League, Abstract 68, being the Easterly line of said Key |
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Tract, the Key Tract described in C.F. 1998-028462, the William E. |
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Murphy Tract described in C.F. 2001-009763, the Nicholas O. |
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Martinez Tract described in C.F. 2002-037450, the Danny Netterville |
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Tract described in C.F. 2007-015818, the David Sauceda Tract |
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described in C.F. 2003-004766, the Ifeoma A. Nwankwo Tract |
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described in C.F. 2004-044384, the Larry Robinson Tract described |
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in C.F. 2003-038622, the Roque Arredondo Tract described in C.F. |
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2005-046389, and the Sierra Homes Tract described in C.F. |
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2006-059259, passing several 1/2 inch iron rods found on line, |
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2,179.53 feet, to a 3/4 inch iron pipe set for the Western most |
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Northwest corner of the herein described tract at the Northwest |
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corner of Lot 14, from which point a 1 - 1/2 inch iron pipe found |
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bears South 86 degrees 10 minutes 54 seconds West, 1.96 feet; |
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THENCE North 86 degrees 10 minutes 54 seconds East, along the |
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said North line of Lot 14 and the South line of a 60.0 foot platted |
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road, 1,341.71 feet, to a 3/4 inch iron pipe set for the Northern |
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most Northeast corner of the herein described tract in the |
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centerline of a 60.0 foot platted road (not open), from which point |
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a 1/2 inch iron pipe found at the Northwest corner of Lot 13 bears |
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North 86 degrees 10 minutes 54 seconds East, 30.0 feet; |
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THENCE South 03 degrees 04 minutes 59 seconds East, along the |
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centerline of said 60.0 foot platted road, 659.44 feet, to a 3/4 |
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inch iron pipe set for corner; |
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THENCE North 86 degrees 59 minutes 02 seconds East, at 30.0 |
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feet pass a 1- 1/4 inch iron pipe found in the East line of said 60.0 |
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foot road at the Southwest corner of the Ronny Dumesnil Tract |
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described in Volume 1237, Page 638, B.C.D.R., and continue along |
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the South line of said Dumesnil Tract, the Jon S. Dumesnil Tract |
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described in Volume (92) 1029, Page 564, Official Records, the |
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Scott G. Frankie Tract described in C.F. 1997-033820, the Scott G. |
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Frankie Tract described in C.F. 2004-013757, and the Jan Felder |
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Tract described in Volume 1670, Page 241, B.C.D.R., 2,009.58 feet, |
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to a 1 inch iron pipe found for corner in the West line of the Allen |
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W. Gibson Tract Two described in C.F. 2001-017726; |
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THENCE South 03 degrees 06 minutes 52 seconds East, along the |
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said West line of the Gibson Tract Two and Tract One, 329.95 feet, |
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to a 1- 1/4 inch iron pipe found at the Southwest corner of said |
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Gibson Tract One; |
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THENCE North 86 degrees 56 minutes 43 seconds East, along the |
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South line of said Gibson Tract One, 660.22 feet to the POINT OF |
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BEGINNING and containing 185.59 acres of land. |
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TRACT 2: |
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All that certain 160.92 acres tract of land, being a part of |
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that certain called 264.533 Acre Tract containing Lots 10, 11, and |
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19 of the Bogart and Taylor Subdivision of the West 1/2 of the |
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W.D.C. Hall League, Abstract 69, Brazoria County, Texas, a Plat of |
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record in Volume 16, at Pages 518 and 519 of the Deed Records of |
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Brazoria County, Texas (B.C.D.R.), and being that 264.533 Acre |
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Tract described in a deed from Buffet Inc. to Tehama Communities, |
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LLP recorded in Clerk's File (C.F.) 2005-069871, said 160.92 acres |
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tract of land being more particularly described as follows: |
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BEGINNING at a 4 -inch square concrete monument found at the |
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Northeast corner of said Lot 10, said concrete monument being the |
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same described in that certain deed to Claud B. Hamill recorded in |
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Volume 1121, at Page 386 of the B.C.D.R., being also the Northwest |
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corner of Lot 9 of said Bogart and Taylor Subdivision; |
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THENCE South 03 degrees 02 minutes 53 seconds East, 2,652.55 |
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feet coincident with the West line of said Claud B. Hamill Tract, |
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being also the East line of Lot 10 of said Bogart and Taylor |
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Subdivision, point also being the Southeast corner of the herein |
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tract; |
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THENCE South 86 degrees 57 minutes 14 seconds West, 2,642.69 |
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feet coincident with the North lines of Lot 18 and 19, being also |
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the South line of Lots 10 and 11 of said Bogart and Taylor |
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Subdivision to a point for corner, from which a 1/2-inch iron rod |
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set for reference bears North 76 degrees 03 minutes 10 seconds West, |
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18.35 feet, and a 3/4 inch iron pipe found for reference bears North |
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01 degrees 24 minutes 37 seconds East, 23.52 feet; |
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THENCE North 03 degrees 02 minutes 53 seconds West, 2,652.55 |
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feet coincident with the West line of said Lot 11 to a 1 1/4 inch |
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iron pipe found for corner; |
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THENCE North 86 degrees 57 minutes 14 seconds East, 2,642.69 |
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feet coincident with the North lines of said Lots 10 and 11, along |
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the South line of a platted road to the POINT OF BEGINNING, |
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containing 160.92 acres of land, more or less. |
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TRACT 3: |
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A survey of 42.95 Acres out of Lot 9 of the Bogart and Taylor |
|
subdivision of the West 1/2 of the W.D.C. Hall League, Abstract 69 |
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according to the Plat recorded in Volume 1, Page 64 of the Map |
|
Records of Brazoria County, Texas (B.C.M.R), and being more |
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particularly described by metes and bounds as follows: |
|
BEGINNING at a set 1/2 inch iron rod with a cap in the |
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Northwest corner of Lot 9 set on the South right-of way line of |
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Adams Road / County Road 841, a public road, presently unopened, for |
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the Northwest corner of this tract and the POINT OF BEGINNING; |
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THENCE North 86 degrees 57 minutes 02 seconds East, along the |
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South line of said public road, a distance of 700.55 feet for the |
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Northeast corner of this tract; |
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THENCE South 03 degrees 00 minutes 50 seconds East, a |
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distance of 2,657.47 feet for the Southeast corner of this tract, |
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said point being in the South lines of Lot 9; |
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THENCE South 86 degrees 57 minutes 14 seconds West, along the |
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centerline of Ditch 316-00-00 as recorded in Iowa Colony Drainage |
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District No. 5, a distance of 707.48 feet for the Southwest corner |
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of this tract; |
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THENCE North 02 degrees 51 minutes 52 seconds West, along the |
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West lines of Lot 9, same being the East line of that tract of land |
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(Lots 10, 11, and 19, Bogart and Taylor) as described by deed |
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recorded in B.C.C.F. No. 85030634, a distance of 2,657.44 feet to |
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the POINT OF BEGINNING and containing 42.95 acres of land, more or |
|
less, and being a part of the same property described in the deed |
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"Tract C" as described in the Clerk's File No. 2008-037928 of |
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Brazoria County, Texas, to which deed and the record thereof |
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reference is here made for all appropriate purposes. |
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TRACT 4: |
|
A survey of 203.29 Acres out of Lots 4, 5, and 6 of the Bogart |
|
and Taylor Subdivision of the West 1/2 of the W.D.C. Hall League, |
|
Abstract 69 according to the Plat recorded in Volume 1, Page 64 of |
|
the Map Records of Brazoria County, Texas (B.C.M.R.), and being |
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more particularly described by metes and bounds as follows: |
|
BEGINNING at a found 1 inch pipe the Northwest corner of Lot |
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4, said point being located in the East right-of-way line of Airline |
|
Road / County Road 48, with said point also being the Northwest |
|
corner of this tract and the POINT OF BEGINNING; |
|
THENCE North 86 degrees 57 minutes 02 seconds East, along the |
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North line of Lots 4, 5, and 6, same being the South lines of that |
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called 70.96 Acre Tract as described by deed recorded in B.C.C.F. |
|
No. 03-004685 out of Lots 47-50 of the CS Palmer Subdivision of |
|
Section 9 of the HT&B RR Company Survey, A-238, recorded in Volume |
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2, Page 29, B.C.M.R., distance of 2974.14 feet to a set 1/2 inch |
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iron rod with cap at point of intersection; |
|
THENCE North 87 degrees 35 minutes 00 seconds East, |
|
continuing along the North line of Lot 6, same being the South lines |
|
of that called 74.33 Acre Tract described by deed recorded in |
|
B.C.C.F. No. 03-064681 (therein called "Tract 1") out of the CM Hays |
|
Survey, Section 8, A-534, a distance of 382.13 feet for the |
|
Northeast corner of this tract; |
|
THENCE South 03 degrees 00 minutes 50 seconds East, a |
|
distance of 2,633.04 feet for the Southeast corner of this tract, |
|
said point being located in the North right-of-way line of Adams |
|
Road / County Road 841, a public road, presently unopened; |
|
THENCE South 86 degrees 57 minutes 02 seconds West, along the |
|
North right-of-way line of Adams Road, a distance of 3,359.80 feet |
|
to a set 1/2 inch iron rod with cap for the Southwest corner of this |
|
tract, said point also being the Southwest corner of Lot 4 and being |
|
located in the East right-of-way line of Airline Road; |
|
THENCE North 02 degrees 56 minutes 12 seconds West, along the |
|
East right-of-way line of Airline Road, a distance of 2,637.27 feet |
|
to the POINT OF BEGINNING and containing 203.29 acres of land, more |
|
or less, and being a part of the same property described in the deed |
|
"Tract B" as described in the Clerk's File No. 2008-037928 of |
|
Brazoria County, Texas, to which deed and the record thereof |
|
reference is here made for all appropriate purposes. |
|
TRACT 5 |
|
A survey of 243.807 Acres being all of Lots 1, 2 and 3, and |
|
also that portion of a 60 foot wide road lying between said Lots 1 |
|
and 2 of the Bogart and Taylor Subdivision of the West 1/2 of the |
|
W.D.C. Hall League, Abstract 69 according to the Plat recorded in |
|
Volume 1, Page 64 of the map records of Brazoria County, Texas; said |
|
60 foot platted right-of-way being closed, abandoned, and vacated |
|
by the Commissioners' Court at the petition of Claud B. Hamill and |
|
other freeholders per Volume 1269, Page 945 and Volume 1277, Page |
|
900, B.C.D.R.; said 243.807 Acres being more particularly described |
|
as follows: |
|
BEGINNING at a found 1/2 inch iron rod with cap, the Northwest |
|
Corner of Lot 1, of said Subdivision the Northwest corner of this |
|
tract; |
|
THENCE North 87 degrees 01 minutes 49 seconds East, along the |
|
North lines of said Lots 1, 2, 3, and the North end of said 60 foot |
|
road, same being the South lines of Lots 163-191 of Grasslands |
|
Subdivision (aka "Old Airline Road Estates"), a called 140.024 acre |
|
unrecorded subdivision out of Lots 35, 41-45, 51-55 and portions of |
|
Lots 36, 46, 56 and 57 of the CW Palmer Subdivision of Section 9, |
|
HT&B RR Company Survey, A-238, as recorded in Volume 2, Page 29, |
|
BCPR, a distance of 4026.98 feet to a set 1/2 inch iron rod with cap, |
|
on the West line of Airline Road/County Road 48, the Northeast |
|
corner of Lot 3 as shown on said Plat of Bogart and Taylor; |
|
THENCE South 02 degrees 56 minutes 12 seconds East, along the |
|
West line of Airline Road, a distance of 2637.27 feet to a set 1/2 |
|
inch iron rod on the North line of Adams Road/County Road 841, the |
|
Southeast corner of Lot 3 as shown on said Plat of Bogart and |
|
Taylor; |
|
THENCE South 87 degrees 01 minutes 49 seconds West, along the |
|
North line of Adams Road, a distance of 4026.98 feet to a set 1/2 |
|
inch iron rod, the Southwest corner of Lot 1 as shown on said Plat of |
|
Bogart and Taylor; |
|
THENCE North 02 degrees 56 minutes 12 seconds West, along the |
|
West line of said Lot 1, same being the East line of that called |
|
264.533 Acre Tract of land as described by deed recorded in Brazoria |
|
County Clerk's File No. 2005-069871, a distance of 2637.27 feet to |
|
the POINT OF BEGINNING, and containing 243.807 acres of land, more |
|
or less, and being that same tract of land as described in the deed |
|
from J.O. Garrett, Trustee, to Claud B. Hamill recorded in Volume |
|
1175, Page 763 (as to Lot 1) and Alice Cannon Carlson to Claud B. |
|
Hamill recorded as "First Tract" in Volume 1147, Page 483 (as to |
|
Lots 2 and 3), and portion of the right-of-way as abandoned by the |
|
County in Volume 1269, Page 945 and Volume 1277, Page 900, all of |
|
the deed records of Brazoria County, Texas, to which deeds and the |
|
records thereof reference is here made for all appropriate |
|
purposes. |
|
TRACT 6 |
|
A FIELD NOTE DESCRIPTION of 14.991 acres of land being the |
|
remainder of a call 66.74 Acre Tract of land (Brazoria County |
|
Clerk's File No. 02-036975) being out of a call 137.24 Acre Tract of |
|
land (Volume 85-226, Page 493; Official Records of Brazoria County, |
|
Texas) being out of Lots 37, 38, 39, 40, 47, 48, 49 and 50 of the |
|
C.W. Palmer Subdivision (Volume 2, Page 29; Plat Records of |
|
Brazoria County, Texas) being in the H.T. & B. Railroad Company |
|
Survey, Section No. 9, Abstract No. 238, Brazoria County, Texas. |
|
BEGINNING at one and one-quarter inch outside diameter iron |
|
pipe found in the existing Easterly right-of-way line of Brazoria |
|
County Road No. 48 (Airline Road - 60 feet wide at this point) for |
|
the Southwest corner of said call 66.74 Acre Tract; said corner |
|
being the Northwest corner of a call 70.96 Acre Tract (Brazoria |
|
County Clerk's File No. 03-004685) and being in the Westerly line of |
|
said call 137.24 Acre Tract; said corner being the Southwest corner |
|
of this 14.991 Acre Tract; |
|
THENCE North 3 degrees 7 minutes 32 seconds West - 166.54 feet |
|
along the Westerly line of said call 66.74 Acre Tract being along |
|
the existing Easterly right-of-way line of said County Road No. 48 |
|
to a point for the most Westerly Northwest corner of this tract; |
|
said corner being the most Westerly Southwest corner of Stoneridge |
|
Lakes Section One Subdivision (Volume 23, Pages 353, 354, 355 and |
|
356; Plat Records of Brazoria County, Texas); |
|
THENCE North 87 degrees 1 minute 23 seconds East, at 20.00 |
|
feet pass a 5/8 inch diameter iron rod with aluminum cap in concrete |
|
found for reference corner in the Easterly right-of-way line of |
|
said County Road No. 48 (80 feet wide as dedicated), at 304.63 feet |
|
pass the centerline of Lake Ridge Circle (70 feet wide), in all |
|
540.09 feet along a Southerly line of said Stoneridge Lakes Section |
|
One Subdivision to a 5/8 inch diameter iron rod with aluminum cap in |
|
concrete found for interior corner of this tract; |
|
THENCE North 2 degrees 58 minutes 37 seconds West - 67.02 feet |
|
along an Easterly line of said Stoneridge Lakes Section One |
|
Subdivision to a 5/8 inch diameter iron rod with aluminum cap in |
|
concrete found for re-entrant corner of this tract; |
|
THENCE Easterly, along the Southerly lines of said Stoneridge |
|
Lakes Section One Subdivision with the following courses and |
|
distances: |
|
North 87 degrees 1 minute 23 seconds East - 1092.26 feet to a |
|
point for corner; |
|
Along a tangent curve to the right with the following curve |
|
data: |
|
Delta:81 Degrees, 37 Minutes, 19 Seconds |
|
Radius:235.00 feet |
|
Length:334.77 feet |
|
Tangent:202.93 feet |
|
Chord:South 52 Degrees, 9 Minutes, 58 Seconds East - |
|
307.18 feet to a point for corner; |
|
North 87 degrees 1 minute, 23 seconds East, at 55.93 feet pass |
|
a 5/8 inch diameter iron rod found for reference in the |
|
Westerly line of a 130 foot wide drainage easement, at 185.93 |
|
feet pass a 5/8 inch diameter iron rod found for reference in |
|
the Easterly line of said 130 foot wide drainage easement, at |
|
476.85 feet pass the centerline of said Lake Ridge Circle, in |
|
all 715.35 feet to a 5/8 inch diameter iron rod with aluminum |
|
cap in concrete found for interior corner of this tract; |
|
THENCE North 2 degrees 58 minutes 37 seconds West - 440.76 |
|
feet along an Easterly line of said Stonebridge Lakes Section One |
|
Subdivision to a 5/8 inch diameter iron rod with aluminum cap in |
|
concrete found for re-entrant corner of this tract; |
|
THENCE North 87 degrees 1 minute 23 seconds East - 470.04 feet |
|
along a Southerly line of said Stoneridge Lakes Section One |
|
Subdivision to a 5/8 inch diameter iron rod with aluminum cap in |
|
concrete found for the Northeast corner of this tract; said corner |
|
being the most Easterly Southeast corner of said Stoneridge Lakes |
|
Section One Subdivision and being in the Easterly line of said call |
|
66.74 Acre Tract; |
|
THENCE South 2 degrees 17 minutes 8 seconds East - 486.94 feet |
|
along the Easterly line of said call 66.74 Acre Tract being along |
|
the bank of a drainage ditch to a 5/8 inch diameter iron rod with |
|
plastic cap set for the Southeast corner of this tract; said corner |
|
being the Southeast corner of said call 66.74 Acre Tract, the |
|
Northeast corner of said 70.956 Acre Tract and bears North 2 |
|
Degrees, 17 Minutes, 8 Seconds West - 1020.95 feet from a 3/4 inch |
|
diameter iron rod found for the Southeast corner of said call 137.24 |
|
Acre Tract; |
|
THENCE South 87 degrees 16 minutes 27 seconds West (reference |
|
bearing), at 993.60 feet pass the Easterly line of said 130 foot |
|
wide drainage easement, at 1123.60 feet pass the Westerly line of |
|
said 130 foot wide drainage easement, in all 3043.95 feet along the |
|
Southerly line of said call 66.74 Acre Tract and along the Northerly |
|
line of said call 70.96 Acre Tract to the POINT OF BEGINNING and |
|
containing 14.991 acres of land. |
|
TRACT 7 |
|
A FIELD NOTE DESCRIPTION of 70.956 acres of land being a call |
|
70.96 Acre Tract of land (Brazoria County Clerk's File No. |
|
03-004685) being out of a call 137.24 Acre Tract of land (Volume |
|
85-226, Page 493; Official Records of Brazoria County, Texas) being |
|
out of Lots 37, 38, 39, 40, 47, 48, 49 and 50 of the C.W. Palmer |
|
Subdivision (Volume 2, Page 29; Plat Records of Brazoria County, |
|
Texas) being in the H.T. & B. Railroad Company Survey, Section No. |
|
9, Abstract No. 238, Brazoria County, Texas. |
|
BEGINNING at a one and one-quarter inch outside diameter iron |
|
pipe found in the existing Easterly right-of-way line of Brazoria |
|
County Road No. 48 (Airline Road - 60 feet wide at this point) for |
|
the Northwest corner of said call 70.96 Acre Tract; said corner |
|
being the Southwest corner of a 14.991 Acre Tract, being the |
|
Southwest corner of a call 66.74 Acre Tract (Brazoria County |
|
Clerk's File No. 02-036975) and being in the Westerly line of said |
|
call 137.24 Acre Tract; said corner being the Northwest corner of |
|
this tract; |
|
THENCE North 87 degrees 16 minutes 27 seconds East (reference |
|
bearing), at 1920.35 feet pass the Westerly line of a 130 foot wide |
|
drainage easement, at 2050.35 feet pass the Easterly line of said |
|
130 foot wide drainage easement, in all 3043.95 feet along the |
|
Northerly line of said call 70.96 Acre Tract, being along the |
|
Southerly line of said 14.991 Acre Tract and along the Southerly |
|
line of said call 66.74 Acre Tract to a 5/8 inch diameter iron rod |
|
with plastic cap set for the Northeast corner of this tract; said |
|
corner being the Southeast corner of said 14.991 Acre Tract and |
|
bears South 2 degrees 17 minutes 8 seconds East - 486.94 feet from a |
|
5/8 inch diameter iron rod with aluminum cap in concrete found for |
|
the most Easterly Southeast corner of Stoneridge Lakes Section One |
|
Subdivisions (Volume 23, Pages 353, 354, 355, and 356; Plat Records |
|
of Brazoria County, Texas); |
|
THENCE South 2 degrees 17 minutes 8 seconds East - 1020.95 |
|
feet along the Easterly line of said call 70.96 Acre Tract, along |
|
the Easterly line of said call 137.24 Acre Tract and along the |
|
Westerly line of a call 8.58 Acre Tract (Brazoria County Clerk's |
|
File No. 01-032189) to a 3/4 inch diameter iron rod found for the |
|
Southeast corner of this tract; said corner being the Southeast |
|
corner of said call 70.96 Acre Tract being the Southwest corner of |
|
said call 8.58 Acre Tract and bears South 87 degrees 55 minutes 39 |
|
seconds West - 80.00 feet from a 1/2 inch diameter iron rod with a |
|
cap found for the Southwest corner of a 74.337 Acre Tract; |
|
THENCE South 87 degrees 16 minutes 27 seconds West, at 902.33 |
|
feet pass the Easterly line of said 130 foot wide drainage easement, |
|
at 1032.33 feet pass the Westerly line of said 130 foot wide |
|
drainage easement, at 2962.33 feet pass North 2 degrees 43 minutes |
|
33 seconds West - 11.82 feet from a one and one-quarter inch outside |
|
diameter iron pipe found for reference, in all 2987.26 feet along |
|
the Southerly line of said call 70.96 Acre Tract, along the |
|
Southerly line of said call 137.24 Acre Tract and along the |
|
Northerly line of a call 264.481750 Acre Tract (Second Tract, |
|
Volume 1147, Page 483, Deed Records of Brazoria County, Texas) to a |
|
5/8 inch diameter iron rod with plastic cap set for the Southwest |
|
corner of this tract; |
|
THENCE Northwesterly, along the Westerly line of said call |
|
70.96 Acre Tract, along the Westerly line of said call 137.24 Acre |
|
Tract and along the Easterly right-of-way line of said Brazoria |
|
County Road No. 48 (60 feet wide at this point) as fenced with the |
|
following courses and distances: |
|
North 8 degrees 33 minutes 53 seconds West - 440.19 feet to a |
|
point for angle; |
|
North 3 degrees 7 minutes 32 seconds West - 583.03 feet to the |
|
POINT OF BEGINNING and containing 70.956 acres of land. |
|
TRACT 8 |
|
A FIELD NOTE DESCRIPTION of 37.544 acres of land being a call |
|
37.54 Acre Tract of land (Tract II; Brazoria County Clerk's File No. |
|
03-064681) being out of Lots 28, 29, and 30 of the C.W. Palmer |
|
Subdivision (Volume 2, Page 29; Plat Records of Brazoria County, |
|
Texas) being in the H.T. & B. Railroad Company Survey, Section No. |
|
9, Abstract No. 238, Brazoria County, Texas. |
|
BEGINNING at a 5/8 inch diameter iron rod with aluminum cap in |
|
concrete found for the Southwest corner of said call 37.54 Acre |
|
Tract; said corner being the Northwest corner of Lot No. 5, Block |
|
No. 2 of Stoneridge Lakes Section One Subdivision (Volume 23, Pages |
|
353, 354, 355 and 356; Plat Records of Brazoria County, Texas) and |
|
being in an Easterly line of Lot No. 4, Block No. 2 of said |
|
Stoneridge Lakes Section One Subdivision; said corner being the |
|
Southwest corner of this 37.544 Acre Tract; |
|
THENCE North 2 degrees 16 minutes 28 seconds West, at 11.19 |
|
feet pass a 5/8 inch diameter iron rod with aluminum cap in concrete |
|
found for the Northeast corner of said Lot No. 4, at 659.37 feet |
|
pass a 3/4 inch diameter iron rod found for reference, in all 675.48 |
|
feet along the Westerly line of said call 37.54 Acre Tract and along |
|
the Easterly line of a call 10 Acre Tract (Brazoria County Clerk's |
|
File No. 02-057392) to a point for the Northwest corner of this |
|
tract; |
|
THENCE Easterly, along the Northerly line of said call 37.54 |
|
Acre Tract being along a line in a drainage ditch, with the |
|
following courses and distances: |
|
North 86 degrees 50 minutes 38 seconds East - 1321.37 feet to |
|
a point for angle; |
|
North 86 degrees 37 minutes 19 seconds East - 1094.29 feet to |
|
a point for the Northeast corner of this tract; said corner |
|
being the Northeast corner of said call 37.54 Acre Tract, |
|
being the Northwest corner of a call 8.58 Acre Tract |
|
(Brazoria County Clerk's File No. 01-032189) and bears South |
|
86 degrees 37 minutes, 19 seconds West - 54.57 feet from a |
|
point for the Southwest corner of a 28.703 Acre Tract; |
|
THENCE South 0 degrees 27 minutes 12 seconds East, at 27.84 |
|
feet pass a 1/2 inch diameter iron rod with cap found for reference, |
|
in all 687.89 feet along the Easterly line of said call 37.54 Acre |
|
Tract being along a Westerly line of said call 8.58 Acre Tract to a |
|
point for the Southeast corner of this tract; said corner being the |
|
Southeast corner of said call 37.54 Acre Tract, being in the |
|
Northerly line of Lot No. 9, Block No. 3 of said Stoneridge Lakes |
|
Section One Subdivision and bears South 87 degrees 1 minute 23 |
|
seconds West - 29.00 feet from a 5/8 inch diameter iron rod with |
|
aluminum cap in concrete found for the Northeast corner of said |
|
Stoneridge Lakes Section One Subdivision; |
|
THENCE South 87 degrees 1 minute 23 seconds West (reference |
|
bearing) - 2393.62 feet along the Northerly line of said Stoneridge |
|
Lakes Section One Subdivision to the POINT OF BEGINNING and |
|
containing 37.544 acres of land. |
|
SECTION 3. (a) The legal notice of the intention to |
|
introduce this Act, setting forth the general substance of this |
|
Act, has been published as provided by law, and the notice and a |
|
copy of this Act have been furnished to all persons, agencies, |
|
officials, or entities to which they are required to be furnished |
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
Government Code. |
|
(b) The governor, one of the required recipients, has |
|
submitted the notice and Act to the Texas Commission on |
|
Environmental Quality. |
|
(c) The Texas Commission on Environmental Quality has filed |
|
its recommendations relating to this Act with the governor, the |
|
lieutenant governor, and the speaker of the house of |
|
representatives within the required time. |
|
(d) All requirements of the constitution and laws of this |
|
state and the rules and procedures of the legislature with respect |
|
to the notice, introduction, and passage of this Act are fulfilled |
|
and accomplished. |
|
SECTION 4. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2009. |
|
|
|
* * * * * |