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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the Montgomery County Municipal Utility |
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District No. 138; 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, and 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 8422 to read as follows: |
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CHAPTER 8422. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 138 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8422.001. 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 Montgomery County Municipal |
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Utility District No. 138. |
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Sec. 8422.002. 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. 8422.003. 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. 8422.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 8422.003 |
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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. 8422.005. 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, 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. 8422.006. 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. 8422.051. 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 8422.052, directors serve |
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staggered four-year terms. |
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Sec. 8422.052. TEMPORARY DIRECTORS. (a) On or after the |
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effective date of the Act enacting 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 commission requesting that |
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the commission appoint as temporary directors the five persons |
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named in the petition. The commission shall appoint as temporary |
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directors the five persons 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 8422.003; 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 8422.003 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 8422.003; 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. 8422.101. 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. 8422.102. 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. 8422.103. 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. 8422.104. ROAD STANDARDS AND REQUIREMENTS. (a) A |
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road project must meet all applicable construction standards, |
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zoning and subdivision requirements, and regulations of each |
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municipality in whose corporate limits or extraterritorial |
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jurisdiction the road 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, zoning and |
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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. 8422.105. 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. 8422.151. ELECTIONS REGARDING TAXES OR BONDS. (a) |
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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 8422.153. |
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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. 8422.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8422.151, 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. 8422.153. 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. 8422.201. 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. 8422.202. 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. 8422.203. 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 Montgomery County Municipal Utility District |
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No. 138 initially includes all the territory contained in the |
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following area: |
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TRACT 1 |
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Being all that certain tract or parcel of land containing |
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60.2044 acres of land situated in the Henry Applewhite Survey, |
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A-50, Conroe, Montgomery County, Texas, out of and a part of a |
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Called 120 acre tract described in Volume 188, Page 416, MCDR, said |
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60.2044 acres being more particularly described by metes and bounds |
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as follows, to wit: |
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BEGINNING at an Axle found for the Southeast corner of a |
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certain 35.213 acres of land cited Tract III conveyed by partition |
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deed to James W. Peoples, et ux described and recorded under |
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Clerk's File No. 9307782 of the Official Public Records of Real |
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Property of Montgomery County, Texas (OPRRPMCT), same 35.213 acres |
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out of and a part of a Called 120 acre tract conveyed in deed to |
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Surcy Peoples, et al described and recorded in Volume 188, Page 416 |
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of Montgomery County Deed Records (MCDR) said 120 acre South line |
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located on the recognized Abstract division line between the Henry |
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Applewhite Survey, A-50 and the Daniel F. Whillden Survey, A-640, |
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same Axle recognized by local surveyors as the Southeast corner of |
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the Applewhite Survey and the Northeast corner of said Whillden |
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Survey and the Northeast corner of a certain 15.950 acre parcel |
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conveyed to Marcus Koenig et al described and recorded under |
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C.F. No. 2001-096958, OPRRPMCT, the Northwest corner of The |
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Woodlands Windsor Lakes Section 5, subdivision map or plat thereof |
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recorded in Cabinet 'U', Sheet 19 of Montgomery County Map Records |
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(MCMR), the Southwest corner of the Residue of a 56.9509 acre parcel |
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described in deed to John D. Hagerman et al recorded under |
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C.F. No. 2002-051022 and from whence a 1/2" iron rod found under |
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asphalt pavement along Peoples Road, for the Southwest corner of |
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said Called 120 acres and the Southwest corner of a certain 31.108 |
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acre tract cited as Tract II (C.F. No. 9307782) bears N 89°55'36" W |
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a distance of 4353.61 feet (Deed Call West 1511 Varas 188 / 416 |
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MCDR) aforementioned tracts or parcels of land situated in the |
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Henry Applewhite Survey, A-50, Conroe, Montgomery County, Texas; |
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THENCE N 89°55'36" W (Deed Call N.89°55'34"W. C.F. No. 9307782 & |
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Deed Call West 188 / 416 MCDR) departing said 35.213 acre |
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Southeast corner and along the South line of same, the South line of |
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aforementioned Called 120 acres and the North line of said Koenig |
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15.950 acre tract for a distance of 2175.79 feet to a 1/2" iron rod |
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found for the Southwest corner of said James W. Peoples, et ux |
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35.213 acres, the Southeast corner of said James W. Peoples, et ux |
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31.108 acre tract, same located on the Northeast corner of Koenig |
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Road (60 Ft. Road Easement 599 / 427 MCDR) for a Point on the South |
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line of the herein described tract; |
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THENCE N 89°55'36" W (Deed Call N.89°55'34"W. C.F. No. 9307782 & |
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Deed Call West 188 / 416 MCDR) continuing along said Koenig Road |
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North line and said 31.108 acre South line for a distance of 1771.34 |
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feet to a 1/2" iron rod with cap scribed 'SR ESTES RPLS 5631' found |
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for the Southwest corner of the herein described tract, same |
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situated on the North line of a certain 3.923 acre tract conveyed in |
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deed to Cecil A Koenig, recorded under C.F. No. 9720350, OPRRPMCT; |
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THENCE N 00°07'33" E departing said Koenig Road and the South |
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line of the 31.108 acre tract, severing same parcel for a distance |
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of 614.95 feet to a 1/2" iron rod with cap scribed 'SR ESTES RPLS |
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5631' found for the Northwest corner of the herein described tract |
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on the South line of a certain 32.524 acre tract cited Tract IV |
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conveyed by Partition Deed to Surcy L. Peoples, Jr., et ux |
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described and recorded under C.F. No. 9307782, OPRRPMCT; |
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THENCE S 89°55'29" E (Deed Call S.89°55'34"E. C.F. No. 9307782 |
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OPRRPMCT) along the South line of aforementioned Peoples 32.524 |
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acre Tract IV for a distance of 1770.18 feet to a 1/2" iron rod found |
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for the Southwest corner of a certain 33.006 acre parcel cited as |
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Tract V and described in same Partition Deed to Surcy L. Peoples, |
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Jr., et ux as recorded under C.F. No. 9307782, OPRRPMCT and the |
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Northwest corner of said 35.213 acre tract, for an inside corner on |
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the North line of the herein described tract; |
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THENCE S 89°55'29" E (Deed Call S.89°55'34"W. |
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C.F. No. 9307782) along the South line of aforesaid Peoples 33.006 |
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acre Tract V for a distance of 891.58 feet to a 1/2" iron rod found |
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for an inside ell corner of said 35.213 acre tract, for an inside |
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ell corner of the herein described tract; |
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THENCE N 00°00'07" E (Deed Call North, 152.73' |
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C.F. No. 9307782) along a common inside line of aforementioned |
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35.213 acre and 33.006 acre parcels for a distance of 152.75 feet to |
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a 1/2" iron rod found for the upper Northwest corner of the herein |
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described tract; |
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THENCE S 89°55'34" E (Deed Call S.89°55'34"E., 1282.26' |
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C.F. No. 9307782) along a South line of aforesaid Tract V and the |
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North line of said 35.213 acre tract for a distance of 1283.39 feet |
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to a 1/2" iron rod found for the Northeast corner of the herein |
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described tract, same sited on the West boundary line of |
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aforementioned John D. Hagerman et al 56.9509 acre tract recorded |
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under C.F. No. 2002-051022, OPRRPMCT and from whence a 1/2" iron |
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rod found for the Northeast corner of said 120 acres, the Northeast |
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corner of aforesaid Tract V and the recognized Northeast corner of |
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the Applewhite Survey, A-50 bears N 00°02'47" W a distance of 594.05 |
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feet (Deed Call N 00°05'33" W, 594.33' C.F. No. 9307782); |
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THENCE S 00°02'47" E (Deed Call South, 188 / 416 MCDR) along |
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the common East line of aforesaid 35.213 acres and the Residue of |
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said 56.9509 acre tract for a distance of 767.59 feet to the |
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Southeast corner and POINT OF BEGINNING of the herein described |
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tract, in all containing 60.2044 acres (2,622,504 square feet) of |
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land, more or less. |
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TRACT 2 |
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Being all that certain tract or parcel of land containing |
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9.0719 acres of land situated in the Henry Applewhite Survey, A-50, |
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Conroe, Montgomery County, Texas, out of and a part of a Called 120 |
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acre tract described in Volume 188, Page 416, MCDR, said 9.0719 |
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acres being more particularly described by metes and bounds as |
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follows, to wit: |
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BEGINNING at a 1/2" iron rod found under asphalt pavement for |
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the Southwest corner of a certain 31.108 acres of land cited Tract |
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II, conveyed by Partition Deed to James W. Peoples, et ux described |
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and recorded under Clerk's File No. 9307782 of the Official Public |
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Records of Real Property of Montgomery County, Texas (OPRRPMCT), |
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same 31.108 acres out of and a part of a Called 120 acre tract |
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conveyed in deed to Surcy Peoples, et al described and recorded in |
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Volume 188, Page 416 of Montgomery County Deed Records (MCDR) said |
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120 acre South line located on the recognized Abstract division |
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line between the Henry Applewhite Survey, A-50 and the Daniel |
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F. Whillden Survey, A-640, same located within the used and |
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occupied right-of-way of Peoples Road and from whence an axle found |
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for the Southeast corner of said Called 120 acres, the recognized |
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Southeast corner of the Applewhite Survey bears S 89°55'36" E a |
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distance of 4353.61 feet ( Deed Call East 1511 Varas 188 / 416 MCDR) |
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aforementioned tracts or parcels of land situated in the Henry |
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Applewhite Survey, A-50, Conroe, Montgomery County, Texas; |
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THENCE N 00°09'09" E (Deed Call North 188 / 416 MCDR) along the |
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West line of said 31.108 acre tract, the West line of said Called |
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120 acre Peoples tract and at a distance of 666.91 feet passing a PK |
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nail in asphalt pavement for the Southwest corner of a certain |
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0.8665 of one acre parcel described in deed to James W. Peoples |
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recorded under C.F. No. 9137919, OPRRPMCT and from whence a Texas |
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Forest Service brass spike found in asphalt pavement bears N |
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00°08'55" W a distance of 1.58 feet, continuing for a total distance |
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of 1084.14 feet to a PK nail found in asphalt pavement for the |
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Northwest corner of the herein described tract, same being the |
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Northwest corner of a certain 2.09 acre tract described in deed to |
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James W. Peoples and recorded in Vol. 786, Pg. 47, MCDR and the |
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Southwest corner of a 2.09 acre tract described in deed to Surcy |
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L. Peoples, Jr. recorded in Vol. 806, Pg. 248 and from whence a 60D |
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nail found for the Northwest corner of same parcel bears N 00°09'09" |
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E a distance of 295.27 feet; |
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THENCE S 89°56'29" E (Deed Call S.89°56'47"E., 309.55' 786 / 47 |
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MCDR) departing said Called 120 acre West line, along the North line |
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of said James W. Peoples 2.09 acre tract, the South line of said |
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Surcy L. Peoples, Jr. 2.09 acre parcel for a distance of 309.54 feet |
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to a 1-1/4" iron pipe found in the West line of a certain 32.524 acre |
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tract cited Tract IV conveyed by Partition Deed to Surcy |
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L. Peoples, Jr., et ux described and recorded under |
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C.F. No. 9307782, OPRRPMCT, for the upper Northeast corner of the |
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herein described tract; |
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THENCE S 00°07'32" W (Deed Call S.00°07'10"W. C.F. |
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No. 9307782) along the West line of said Peoples 32.524 acre parcel |
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for a distance of 469.27 feet to a 1/2" iron rod found for the |
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Southwest corner of same tract and an inside ell corner of |
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aforementioned James W. Peoples, et ux 31.108 acres, for an ell |
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corner of the herein described tract; |
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THENCE S 89°55'29" E (Deed Call S.89°55'34"W. C.F. |
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No. 9307782) along the South line of said Peoples 32.524 acre |
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parcel, the North line of said James W. Peoples, et ux 31.108 acres |
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for a distance of 96.43 feet to a 1/2" iron rod with cap scribed 'SR |
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ESTES RPLS 5631' found for the lower Northeast corner of the herein |
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described tract and from whence a 1/2" iron rod found for the |
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Northeast corner of said 31.108 acre parcel bears S 89°55'29" E a |
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distance of 1770.18 feet; |
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THENCE S 00°07'33" W departing said 31.108 acre tract North |
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line and severing same parcel for a distance of 614.95 feet to a |
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1/2" iron rod with cap scribed 'SR ESTES RPLS 5631' found for the |
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Southeast corner of the herein described tract, same situated on |
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the North line of a certain 3.923 acre tract conveyed in deed to |
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Cecil A Koenig, recorded under C.F. No. 9720350, OPRRPMCT and |
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located on the North line of Koenig Road (60 Ft. Road Easement 599 / |
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427 MCDR); |
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THENCE N 89°55'36" W along the North line of said Koenig Road |
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for a distance of 406.48 feet to the Southwest corner and POINT OF |
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BEGINNING of the herein described tract, in all containing 9.0719 |
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acres (395,173 square feet) of land, more or less. |
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TRACT 3 |
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Being all that certain tract or parcel of land containing |
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32.9958 acres of land situated in the Henry Applewhite Survey, |
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A-50, Conroe, Montgomery County, Texas, out of and a part of a |
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Called 120 acre tract described in Volume 188, Page 416, MCDR, said |
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32.9958 acres being more particularly described by metes and bounds |
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as follows, to wit: |
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COMMENCING at an Axle found for the Southeast corner of a |
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certain 35.213 acres of land cited Tract III conveyed by partition |
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deed to James W. Peoples, et ux described and recorded under |
|
Clerk's File No. 9307782 of the Official Public Records of Real |
|
Property of Montgomery County, Texas (OPRRPMCT), same 35.213 acres |
|
out of and a part of a Called 120 acre tract conveyed in deed to |
|
Surcy Peoples, et al described and recorded in Volume 188, Page 416 |
|
of Montgomery County Deed Records (MCDR) said 120 acre South line |
|
located on the recognized Abstract division line between the Henry |
|
Applewhite Survey, A-50 and the Daniel F. Whillden Survey, A-640, |
|
same Axle recognized by local surveyors as the Southeast corner of |
|
the Applewhite Survey and the Northeast corner of said Whillden |
|
Survey and the Northeast corner of a certain 15.950 acre parcel |
|
conveyed to Marcus Koenig et al described and recorded under |
|
C.F. No. 2001-096958, OPRRPMCT, the Northwest corner of The |
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Woodlands Windsor Lakes Section 5, subdivision map or plat thereof |
|
recorded in Cabinet 'U', Sheet 19 of Montgomery County Map Records |
|
(MCMR), the Southwest corner of the Residue of a 56.9509 acre parcel |
|
described in deed to John D. Hagerman et al recorded under |
|
C.F. No. 2002-051022 and from whence a 1/2" iron rod found under |
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asphalt pavement along Peoples Road, for the Southwest corner of |
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said Called 120 acres and the Southwest corner of a certain 31.108 |
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acre tract cited as Tract II (C.F. No. 9307782) bears N 89°55'36" W |
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a distance of 4,353.61 feet (Deed Call West 1511 Varas 188 / 416 |
|
MCDR) aforementioned tracts or parcels of land situated in the |
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Henry Applewhite Survey, A-50, Conroe, Montgomery County, Texas; |
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THENCE N 00°02'47" W (Deed Call North 188 / 416 MCDR) |
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departing said 35.213 acre Southeast corner and along the East line |
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of same, the East line of aforementioned Called 120 acres same being |
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the West boundary line of aforementioned John D. Hagerman, et al |
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parcel for a distance of 767.59 feet to a 1/2" iron rod found for the |
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Southeast corner of a certain Called 33.006 acre tract cited as |
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Tract V conveyed in a deed to Surcy L. Peoples, Jr., et ux recorded |
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under C.F. No. 9307782, OPRRPMCT same monument being the Southeast |
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corner and POINT OF BEGINNING of the herein described tract; |
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THENCE N 89°55'34" W (Deed Call N.89°55'34"W., 1282.26' |
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C.F. No. 9307782 & Deed Call West 188 / 416 MCDR) along the South |
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line of aforesaid Peoples Called 33.006 acre parcel, the occupied |
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North line of said Peoples 35.213 acre tract for a distance of |
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1,283.39 feet to a 1/2" iron rod found for an inside ell corner of |
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the herein described tract; |
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THENCE S 00°00'07" W (Deed Call South, 152.73' |
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C.F. No. 9307782 OPRRPMCT) along an inside boundary line of |
|
aforementioned Peoples Called 33.006 acre parcel, an inside line of |
|
the said Peoples 35.213 acre tract for a distance of 152.75 feet to |
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a 1/2" iron rod found for an inside ell corner of the herein |
|
described tract; |
|
THENCE N 89°55'29" W (Deed Call N.89°55'34"W., 891.90' |
|
C.F. No. 9307782 OPRRPMCT) continuing along an inside boundary |
|
line of said Tract V, an inside line of aforesaid Peoples 35.213 |
|
acre parcel for a distance of 891.58 feet to a 1/2" iron rod found |
|
for the Southeast corner of a certain Called 32.524 acre tract |
|
conveyed in a deed to Surcy L. Peoples, Jr., et ux cited as Tract IV |
|
recorded under the same C.F. No. 9307782, OPRRPMCT for the |
|
Southwest corner of the herein described tract; |
|
THENCE N 00°01'04" E (Deed Call N.00°05'33"W., 755.70' |
|
C.F. No. 9307782 OPRRPMCT) along the East line of aforesaid Tract |
|
IV and the West boundary line of said Tract V, for a distance of |
|
755.34 feet to the South occupied margin of an unimproved road cited |
|
as Johnson-Martin Road (no right-of-way width or dedication found |
|
of record) an angle iron fence post corner found for the occupied |
|
Northwest corner of the herein described tract same being an inside |
|
Southerly boundary line of a portion of the Jones State Forest, a |
|
216.10 acre parcel cited as the First Tract, conveyed in a deed to |
|
the State of Texas / Texas A&M University as recorded in Volume 118, |
|
Page 375 MCDR and from whence a 1/2" iron rod found bears N 00°01'04" |
|
E a distance of 0.19 feet; |
|
THENCE S 89°42'01" E (Deed Call S.89°55'34"E. |
|
C.F. No. 9307782 OPRRPMCT Deed Call N.87°14'53"E. 118 / 375 MCDR) |
|
along a South boundary line of aforesaid 216.10 acre First Tract |
|
for a distance of 2,174.29 feet to a 1/2" iron rod found for the |
|
Northeast corner of the herein described tract same sited on the |
|
South right-of-way line of Schoettle Road (35 Ft. R.O.W.) as |
|
recorded in Cabinet Y, Sheet 56 of Montgomery County Map Records |
|
(MCMR) same point being the Northwest corner of a certain 3.9944 |
|
acre tract conveyed in a deed to Kenneth Earl Guinn and Evelyn |
|
Eugenia Martin recorded under C.F. No. 2002-051022, OPRRPMCT; |
|
THENCE S 00°02'46" E (Deed Call S 00°05'33" E, 594.33' |
|
C.F. No. 9307782 Deed Call S 00°07'12" E, C.F. No. 2002-051022 |
|
OPRRPMCT Deed Call South, 188 / 416 MCDR) along the common East |
|
line of aforesaid Surcy Peoples, Jr., et ux Tract V and the West |
|
boundary of aforesaid 3.9944 acre tract for a distance of 594.05 |
|
feet to the Southeast corner and POINT OF BEGINNING of the herein |
|
described tract, in all containing 32.9958 acres (1,437,299 square |
|
feet) of land, more or less. |
|
TRACT 4 |
|
Being all that certain tract or parcel of land containing |
|
54.2960 acres of land situated in the Thomas Toby Survey, A-576, |
|
(Edward Hall Survey, A-576), Conroe, Montgomery County, Texas and |
|
being the Residue of a certain 56.9509 acre tract conveyed in |
|
Warranty Deed from Kenneth Earl Guinn and Evelyn Eugenia Martin to |
|
John D. Hagerman and wife, Linda L. Hagerman and Ronald R. Byrd and |
|
wife, Martha Byrd, described and recorded under Clerk's File |
|
No. 2002-051022 of the Official Public Records of Real Property of |
|
Montgomery County, Texas (OPRRPMCT) and being the same parent tract |
|
of land resurveyed as 56.9659 acres of land by Steven Ray Estes, |
|
RPLS No. 5631 on August 22, 2006 and being that same parcel or tract |
|
of land called 58.4 acres conveyed to Ernest Guinn et ux by deed |
|
recorded in Volume 220, Page 84 of Montgomery County Deed Records |
|
(MCDR) and being further out of Block No. 6 of the R. H. John |
|
Subdivision of the 'Edward Hall Two Surveys', described and |
|
recorded in Vol. 14, Pg. 579, MCDR and Volume 1, Page 6 of |
|
Montgomery County Map Records (MCMR), aforementioned properties |
|
situated in the Thomas Toby Survey, A-576, (Edward Hall Survey, |
|
A-576) said 54.2960 acres being more particularly described by |
|
metes and bounds as follows: |
|
BEGINNING at a 1/2" iron rod with cap found for the southeast |
|
corner of a certain 1.2925 acre parcel of land conveyed to the City |
|
of Conroe from John D. Hagerman and wife, Linda L. Hagerman, and |
|
Martha Byrd, Individually and as the Independent Administrator of |
|
the Estate of Ronald R. Byrd, Deceased, cited as Tract 1 Guinn Road |
|
Extension described and recorded under C.F. No. 2006-122795, |
|
OPRRPMCT, same sited on the east line of aforementioned 56.9509 |
|
acre Hagerman et al tract, the east line of a 40 Ft. Roadway |
|
described in 14 / 579, MCDR and 1 / 6, MCMR and the west line of a |
|
certain 17.308 acre parcel conveyed to Western Rim Investors |
|
2002-1, L.P. described and recorded under C.F. No. 2002-063325, |
|
OPRRPMCT and from whence a 1/2" iron rod found for the northeast |
|
corner of said Hagerman et al 56.9509 acres bears N 00°32'59" W a |
|
distance of 35.00 feet, and located 4.26 feet Southeast from the |
|
occupied north line of Guinn Road (No Dedicated R.O.W. Found of |
|
Record), for the northeast corner of the herein described tract; |
|
THENCE S 00°32'59" E (Deed Call S.00°33'10"E. |
|
C.F. No. 2002-051022 OPRRPMCT) along the east line of |
|
aforementioned Hagerman et al 56.9659 acre tract and west line of |
|
said Western Rim Investors 2002-1, L.P. parcel and east line of the |
|
40 Ft. Roadway for a distance of 1311.74 feet to a 5/8" iron rod |
|
found for the southeast corner of the 56.9659 acres and sited on the |
|
north line of a certain Residue of 3888.76 acres conveyed to |
|
Woodlands Land Development, L.P. described under C.F. No. 9747722, |
|
OPRRPMCT and situated on the Abstract division line of the Thomas |
|
Toby Survey, A-576 and the James McCambridge Survey, A-390, for the |
|
southeast corner of the herein described tract; |
|
THENCE S 89°42'01" W (Deed Call S.89°41'03"W., 1965.38' |
|
C.F. No. 2002-051022) along the south line of aforementioned |
|
Hagerman et al 56.9659 acre tract and the south line of the Thomas |
|
Toby Survey, A-576 for a distance of 1965.35 feet to an axle found |
|
for the northwest corner of The Woodlands Windsor Lakes Section 5, |
|
map or plat thereof recorded in Cabinet 'U', Sheet 19 of Montgomery |
|
County Map Records (MCMR), the northeast corner of a certain 15.950 |
|
acre tract conveyed in deed to Cecil A. Koenig described and |
|
recorded in 599 / 407, MCDR, the southeast corner of the James |
|
W. Peoples 35.213 acre tract described under C.F. No. 9307782, |
|
OPRRPMCT, the common southwest corner of aforementioned Hagerman et |
|
al 56.9659 acres and the herein described tract, said axle |
|
recognized by cartographers and accepted by local surveyors as the |
|
Four Corners of the James McCambridge Survey, A-390, the Daniel |
|
F. Whildon Survey, A-640, the Henry Applewhite Survey, A-50 and the |
|
Thomas Toby Survey, A-576; |
|
THENCE N 00°10'28" W (Deed Call N.00°11'26"E., 861.45' |
|
C.F. No. 2002-051022) departing said Four Corners axle and along |
|
the east line of said Peoples 35.213 acre tract and west line of |
|
said Hagerman 56.9659 acres for a distance of 861.64 feet to a 60D |
|
nail found for the lower northwest corner of the herein described |
|
tract of land, same being the southwest corner of a 3.9944 acre |
|
Out-Tract parcel described by metes and bounds to Kenneth Earl |
|
Guinn and Evelyn Eugenia Martin (herein cited as the Guinn-Martin |
|
tract) under aforementioned C.F. No. 2002-051022, same 60D nail |
|
sited on the east line of a certain 33.006 acre tract conveyed in |
|
deed to Surcy L. Peoples described under C.F. No. 9307782, |
|
OPRRPMCT; |
|
THENCE S 89°51'47" E (Deed Call S.89°51'47"E., 348.00' |
|
C.F. No. 2002-051022) along an inside line of said Hagerman 56.9659 |
|
acre parcel and south line of said Guinn-Martin tract for a distance |
|
of 348.00 feet to a 1/2" iron rod found for the southeast corner of |
|
same 3.9944 acre tract and an inside corner of the herein described |
|
tract; |
|
THENCE N 00°10'28" W (Deed Call N.00°11'26"E. |
|
C.F. No. 2002-051022) along the east line of aforementioned |
|
Guinn-Martin tract and upper west line of said 56.9659 acre parcel |
|
and at a distance of 82.16 feet crossing the south line of a Called |
|
4.00 acre tract described in 960 / 554, MCDR to Evelyn Eugenia |
|
Martin and husband, Eugene L. Martin continuing for a total |
|
distance of 165.00 feet to a 5/8" iron rod with cap found for the |
|
southwest corner of a certain 1.3774 acre tract cited as Tract 2 |
|
(Water Well Site) conveyed to the City of Conroe described under |
|
C.F. No. 2006-122795, OPRRPMCT, for an inside corner of the herein |
|
described tract; |
|
THENCE S 89°51'47" E (Deed Call S.89°51'47"E., 200.00' |
|
C.F. No. 2006-122795) departing aforementioned 3.9944 acre east |
|
line and upper west line of the Hagerman et al 56.9659 acre parcel |
|
and along the south line of the City of Conroe 1.3774 acres for a |
|
distance of 200.00 feet to a 5/8" iron rod with cap found for the |
|
southeast corner of same 1.3774 acres, for an inside corner of the |
|
herein described tract; |
|
THENCE N 00°10'28" W (Deed Call N.00°11'26"W., 300.00' |
|
C.F. No. 2006-122795) along the east line of aforementioned City of |
|
Conroe 1.3774 acre tract for a distance of 300.00 feet to a 5/8" |
|
iron rod with cap found for the northeast corner of same 1.3774 |
|
acres and sited on the south line of aforementioned City of Conroe |
|
1.2925 acre Tract 1 (Guinn Road Extension) for the upper northwest |
|
corner of the herein described tract; |
|
THENCE S 89°51'47" E (Deed Call S.89°51'47"E. |
|
C.F. No. 2006-122795) along the south line of said City of Conroe |
|
1.2925 acre Tract 1 for a distance of 1408.79 feet to the northeast |
|
corner and POINT OF BEGINNING of the herein described tract, in all |
|
containing 54.2960 acres (2,365,136 square feet) of land, more or |
|
less. |
|
SECTION 3. (a) The legal notice of the intention to |
|
introduce this Act, setting forth the general substance of this |
|
Act, has been published as provided by law, and the notice and a |
|
copy of this Act have been furnished to all persons, agencies, |
|
officials, or entities to which they are required to be furnished |
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
Government Code. |
|
(b) The governor, one of the required recipients, has |
|
submitted the notice and Act to the Texas Commission on |
|
Environmental Quality. |
|
(c) The Texas Commission on Environmental Quality has filed |
|
its recommendations relating to this Act with the governor, the |
|
lieutenant governor, and the speaker of the house of |
|
representatives within the required time. |
|
(d) All requirements of the constitution and laws of this |
|
state and the rules and procedures of the legislature with respect |
|
to the notice, introduction, and passage of this Act are fulfilled |
|
and accomplished. |
|
SECTION 4. (a) If this Act does not receive a two-thirds |
|
vote of all the members elected to each house, Subchapter C, Chapter |
|
8422, Special District Local Laws Code, as added by Section 1 of |
|
this Act, is amended by adding Section 8422.106 to read as follows: |
|
Sec. 8422.106. NO EMINENT DOMAIN POWER. The district may |
|
not exercise the power of eminent domain. |
|
(b) This section is not intended to be an expression of a |
|
legislative interpretation of the requirements of Section 17(c), |
|
Article I, Texas Constitution. |
|
SECTION 5. 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, 2013. |