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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 Harris County Municipal Utility |
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District No. 530; granting a limited power of eminent domain; |
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providing authority to issue bonds; providing authority to impose |
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assessments, fees, or taxes. |
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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 8451 to read as follows: |
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CHAPTER 8451. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 530 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8451.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(3) "Director" means a board member. |
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(4) "District" means the Harris County Municipal |
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Utility District No. 530. |
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Sec. 8451.002. 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. 8451.003. 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. 8451.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 8451.003 |
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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. 8451.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a) |
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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, improvement, operation, |
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or maintenance of macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 8451.006. 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 enacting this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act enacting this chapter form a closure. A mistake 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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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8451.051. 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 8451.052, directors serve |
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staggered four-year terms. |
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Sec. 8451.052. TEMPORARY DIRECTORS. (a) The temporary |
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board consists of: |
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(1) Jerry Ashmore; |
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(2) Bari Pace; |
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(3) Robert Quarles; |
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(4) Neal Shudde; and |
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(5) Jim Thomas. |
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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 8451.003; or |
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(2) the fourth anniversary of the effective date of |
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the Act enacting this chapter. |
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(c) If permanent directors have not been elected under |
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Section 8451.003 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 8451.003; 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 commission requesting that the |
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commission appoint as successor temporary directors the five |
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persons named in the petition. The commission shall appoint as |
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successor temporary directors the five persons named in the |
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petition. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8451.101. 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. 8451.102. 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. 8451.103. AUTHORITY FOR ROAD PROJECTS. Under Section |
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52, Article III, Texas Constitution, the district may design, |
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acquire, construct, finance, issue bonds for, improve, operate, |
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maintain, and convey to this state, a county, or a municipality for |
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operation and maintenance macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 8451.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road |
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project must meet all applicable construction standards, zoning and |
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subdivision requirements, and regulations of each municipality in |
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whose corporate limits or extraterritorial jurisdiction the road |
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project is located. |
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(b) If a road project is not located in the corporate limits |
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or extraterritorial jurisdiction of a municipality, the road |
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project must meet all applicable construction standards, |
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subdivision requirements, and regulations of each county in which |
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the road project is located. |
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(c) If the state will maintain and operate the road, the |
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Texas Transportation Commission must approve the plans and |
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specifications of the road project. |
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Sec. 8451.105. 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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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8451.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The |
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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 8451.153. |
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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. 8451.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8451.151, 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. 8451.153. 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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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 8451.201. 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. 8451.202. 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. 8451.203. 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 Harris County Municipal Utility District |
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No. 530 initially includes all the territory contained in the |
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following area: |
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Being 384.307 acres of land located in the William Hironymus |
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Survey, Abstract 352, the Thomas Martin Survey, Abstract 552, the |
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Milton Yates Survey, Abstract 945 and the G. C. & S. F. R.R. Survey, |
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Abstract 1301, Harris County, Texas, more particularly being all |
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portion of that certain called 151.830 acre tract conveyed to |
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District & Urban (Texas), Inc. by an instrument of record under File |
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Number V839891, of the Official Public Records of Real Property, of |
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said Harris County, Texas (H.C.O.P.R.R.P.), all of the residue of |
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that certain called 76.3015 acre tract conveyed to District & Urban |
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(Texas), Inc. by an instrument of record under File Number U759568, |
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H.C.O.P.R.R.P., all of that certain called 134.113 acre tract |
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conveyed to New Light Church World Outreach and Worship Centers, |
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Inc. by an instrument of record under File Number 20110367407, |
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H.C.O.P.R.R.P., and a portion of that certain called 48.1306 acre |
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tract conveyed to New Light Church World Outreach and Worship |
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Centers, Inc. by an instrument of record under File Number S473526, |
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H.C.O.P.R.R.P., said 384.307 acre tract being more particularly |
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described by metes and bounds as follows (all bearings referenced |
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to the Texas State Plane Coordinate System, South Central Zone, |
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NAD83, 2001 adjustment); |
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BEGINNING at a 1/2-inch iron rod found at the northwest |
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corner of Klein I.S.D. Benignus Elementary School, a subdivision of |
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record under Film Code 591255, Harris County Map Records, |
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(H.C.M.R.), same being the northeast corner of said 134.113 acre |
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tract and being on the southerly right-of-way line of F.M. 2920 (120 |
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feet wide) as recorded in Volume 7182, Pg. 575, Volume 7195, Page |
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405, and Volume 8040, Page 330, Harris County Deed Records |
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(H.C.D.R.); |
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Thence, South 02° 18' 34" East, along the west line of said |
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Klein I.S.D. Benignus Elementary School, 889.00 feet to a point for |
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the southwest corner of said School, same being the northwest |
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corner of Windrose West Sec. 15 Amending Plat No. 1, a subdivision |
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of record under Film Code 600043, H.C.M.R. and from which a 3/4-inch |
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iron rod with a cap stamped "COTTON SURVEYING" found bears North 88° |
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22' 58" West, 2.47 feet; |
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Thence, South 02° 19' 34" East, along the west line of said |
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Windrose West Sec. 15, 613.36 feet to an angle point for corner; |
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Thence, South 02° 15' 50" East, continuing along the west line |
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of said Windrose West Sec. 15, 421.93 feet to an angle point for |
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corner; |
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Thence, South 02° 27' 35" East, continuing along the west line |
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of said Windrose West Sec. 15, 737.94 feet to a 5/8-inch iron rod |
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with a cap stamped "CARTER & BURGESS" found for the southwest corner |
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of said Windrose West Sec. 15, same being the northeast corner of |
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Windrose West Sec. 12, a subdivision of record under Film Code |
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556244, H.C.M.R.; |
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Thence, South 02° 24' 52" East, along the west line of said |
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Windrose West Sec. 12, 574.92 feet to a 5/8-inch iron rod with a cap |
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stamped "CARTER & BURGESS" found for the southwest corner of said |
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Windrose West Sec. 12; |
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Thence, North 87° 22' 10" East, along the south line of said |
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Windrose West Sec. 12, 291.75 feet to a 5/8-inch iron rod with a cap |
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stamped "CARTER & BURGESS" found for the northwest corner of |
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Windrose West Sec. 14, a subdivision of record under Film Code |
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576205, H.C.M.R.; |
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Thence, South 01° 41' 48" East, along the west line of said of |
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Windrose West Sec. 14, 1,358.62 feet to a 5/8-inch iron rod with a |
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cap stamped "CARTER & BURGESS" found for an interior angle point for |
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corner on said west line, same being the southeast corner of said |
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134.113 acre tract, said point being on the common survey line of |
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the aforementioned Thomas Martin and G.C. & S.F. R.R. Surveys; |
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Thence, South 87° 53' 49" West, continuing along said west |
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line and along the south line of said 134.113 acre tract and said |
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common survey line, passing the most northerly southwest corner of |
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said Windrose West Sec. 14 at 63.99 feet, same being the northeast |
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corner of the residue of a called 16.7436 acre tract known as "Tract |
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2" being conveyed to New Light Church World Outreach and Worship |
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Centers, Inc. under File Number S473526, H.C.O.P.R.R.P., from which |
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a 5/8-inch iron rod with cap stamped "CARTER & BURGESS" found bears |
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South 11° 59' 34" East, 1.08 feet, continuing along said south line, |
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a total of 1,332.77 feet to a point for corner, said point being on |
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the north line of the aforementioned 48.1306 acre tract; |
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Thence, South 34° 56' 11" West, departing the south line of |
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said 134.113 acre tract, the north line of said 48.1306 acre tract |
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and said common survey line, over and across said 48.1306 acre |
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tract, 359.28 feet to a point for corner; |
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Thence, South 02° 02' 25" East, continuing across said 48.1306 |
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acre tract, 795.30 feet to a point for corner on the south line of |
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said 48.1306 acre tract; |
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Thence, South 87° 57' 28" West, along said south line, 857.69 |
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feet to a 5/8-inch iron rod with cap stamped "AECOM-INC" found for |
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corner on the easterly right-of-way line of Stuebner-Airline Road |
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(called 120 feet wide) as described under File Number 20100437741, |
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H.C.O.P.R.R.P. and Volume 3042, Page 345, H.C.D.R.; |
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Thence, North 25° 49' 27" West, along said easterly |
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right-of-way line, 1,180.95 feet to a point for corner on the north |
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line of said 48.1306 acre tract and the south line of that certain |
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called 10.4772 acre tract conveyed to Morris Strack and Helen R. |
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Strack by an instrument of record under File Number T245825, |
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H.C.O.P.R.R.P., and the aforementioned common survey line of the |
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Thomas Martin and G. C. and S.F. R.R. Surveys; |
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Thence, North 87° 53' 49" East, along the north line of said |
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48.1306 acre tract, the south line of said 10.4772 acre tract and |
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along said common survey line, 767.63 feet to a 1/2-inch iron rod |
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found for the southeast corner of said 10.4722 acre tract and the |
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southwest corner of the aforementioned 134.113 acre tract; |
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Thence, North 16° 50' 36" West, departing said common survey |
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line and along the east line of said 10.4772 acre tract, 763.85 feet |
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to a 1/2-inch iron rod found for the northeast corner of said |
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10.4772 acre tract; |
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Thence, along the northerly line of said 10.4772 acre tract |
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and a southerly line of said 134.113 acre tract, the following three |
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(3) courses: |
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1) South 73° 26' 34" West, 532.31 feet to a 1/2-inch iron rod |
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found for corner; |
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2) South 26° 26' 59" East, 233.61 feet to a 5/8-inch iron rod |
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found for corner; |
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3) South 63° 25' 39" West, 299.22 feet to a 5/8-inch iron rod |
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with cap stamped "AECOM-INC" found for corner on the easterly |
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right-of-way line of said Stuebner-Airline Road; |
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Thence, North 25° 49' 27" West, along said easterly |
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right-of-way line, 751.96 feet to a 5/8-inch iron rod with cap |
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stamped "SURVCON" found for the south corner of that certain called |
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1.955 acre tract conveyed to Harris County by an instrument of |
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record under File Number 20100437741, H.C.O.P.R.R.P.; |
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Thence, along the southeasterly line of said 1.955 acre |
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tract, the following four (4) courses: |
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1) North 64° 13' 10" East, 106.29 feet to a 5/8-inch iron rod |
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with cap stamped "SURVCON" found for corner; |
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2) North 09° 27' 35" East, 62.36 feet to a 5/8-inch iron rod |
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with cap stamped "SURVCON" found for corner; |
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3) North 22° 59' 23" East, 225.45 feet to a 5/8-inch iron rod |
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with cap stamped "SURVCON" found for corner; |
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4) North 25° 49' 17" West, 77.74 feet to a 5/8-inch iron rod |
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with cap stamped "SURVCON" found for the northeast corner of said |
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1.955 acre tract, said point being on the south line of that certain |
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called 5.000 acre tract conveyed to J.M.C. and Associates, Inc. by |
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an instrument of record under File Number R457814, H.C.O.P.R.R.P., |
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said point being on the north line of said 134.113 acre tract, and |
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being on the common survey line of the Thomas Martin and Milton |
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Yates Surveys; |
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Thence, North 87° 21' 28" East, along said common survey line, |
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207.75 feet to a point for the southeast corner of said 5.000 acre |
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tract and a re-entrant corner on the west line of said 134.113 acre |
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tract, same being the common south corner of said Milton Yates |
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Survey and the aforementioned Thomas Hironymus Survey; |
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Thence, North 02° 22' 08" West, along the common survey line |
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of the Milton Yates and said Thomas Hironymus Surveys and along a |
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west line of said 134.113 acre tract at 231.67 feet pass a 3/8-inch |
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iron rod found for the most northerly northwest corner of said |
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134.113 acre tract, same being the southwest corner of the |
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aforementioned 151.830 acre tract, continuing along said common |
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survey line and along the west line of said 151.830 acre tract, in |
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all a total distance of 1,104.29 feet to a 3/8-inch iron rod found |
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for the southeast corner of the aforementioned 76.3015 acre tract, |
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same being the northeast corner of that certain called 4.023 acre |
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tract conveyed to Sterling Bank by an instrument of record under |
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File Number 20090503482, H.C.O.P.R.R.P., said 4.023 acre tract |
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being a portion of that certain called 8.0240 acre tract conveyed to |
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John Dempsey, Brian Dempsey and Darryl Dempsey by an instrument of |
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record under File Number X690238, H.C.O.P.R.R.P.; |
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Thence, along the south line of said 76.3015 acre tract, the |
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following six (6) courses: |
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1) South 76° 50' 39" West, along the north line of said |
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8.0240 acre tract, 440.36 feet to a 5/8-inch iron rod with cap |
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stamped "HOVIS" found for the southeast corner of that certain |
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called 1.003 acre tract conveyed to Dan A. Hughes by an instrument |
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of record under File Number T782305, H.C.O.P.R.R.P.; |
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2) North 13° 09' 21" West, departing the north line of said |
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8.0240 acre tract and along the east line of said 1.003 acre tract, |
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235.00 feet to a point for corner; |
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3) South 76° 50' 39" West, along the north line of said 1.003 |
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acre tract, 186.00 feet to a point for corner; |
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4) South 13° 09' 21" East, along the west line of said 1.003 |
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acre tract, 235.00 feet to a 5/8-inch iron rod with cap stamped |
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"HOVIS" found for the southwest corner of said 1.003 acre tract, |
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said point being on the north line of said 8.0240 acre tract; |
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5) South 76° 44' 34" West, along the north line of said |
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8.0240 acre tract, 46.98 feet to a 3/8-inch iron rod found for an |
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angle point on the north line of said 8.0240 acre tract and the |
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south line of said 76.3015 acre tract; |
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6) South 62° 27' 26" West, continuing along the north line of |
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said 8.0240 acre tract, 285.67 feet to a point for corner on the |
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easterly right-of-way line of Stuebner-Airline Road (called 120 |
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feet wide) as described under File Number 20100319615, |
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H.C.O.P.R.R.P.; |
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Thence, North 25° 49' 27" West, along said easterly |
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right-of-way line, 2,215.66 feet to a point for corner, the |
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beginning of a curve; |
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Thence, 392.98 feet continuing along said easterly |
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right-of-way line (width varies) and the arc of a tangent curve to |
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the right having a radius of 1,082.00 feet, a central angle of 20° |
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48' 35", and a chord that bears North 15° 25' 10" West, 390.82 feet |
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to a point for corner at the end of said curve on the aforementioned |
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southerly right-of-way line of F.M. 2920, the beginning of a curve; |
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Thence, 560.99 feet along said southerly right-of-way line of |
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F.M. 2920 and the arc of a non-tangent curve to the left having a |
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radius of 3,879.77 feet, a central angle of 08° 17' 05", and a chord |
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that bears South 88° 23' 15" East, 560.51 feet to a point for corner; |
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Thence, North 87° 28' 13" East, continuing along said |
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southerly right-of-way line of F.M. 2920, 3,971.10 feet to the |
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POINT OF BEGINNING and containing 384.307 acres of land. |
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SECTION 3. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 4. (a) If this Act does not receive a two-thirds |
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vote of all the members elected to each house, Subchapter C, Chapter |
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8451, Special District Local Laws Code, as added by Section 1 of |
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this Act, is amended by adding Section 8451.106 to read as follows: |
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Sec. 8451.106. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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(b) This section is not intended to be an expression of a |
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legislative interpretation of the requirements of Section 17(c), |
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Article I, Texas Constitution. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |