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A BILL TO BE ENTITLED
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relating to the creation of the Brazoria County Municipal Utility |
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District No. 48; 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 8426 to read as follows: |
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CHAPTER 8426. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 48 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8426.001. 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 Brazoria County Municipal |
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Utility District No. 48. |
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Sec. 8426.002. 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. 8426.003. 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. 8426.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 8426.003 |
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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. 8426.005. 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. 8426.006. 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. 8426.051. 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 8426.052, directors serve |
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staggered four-year terms. |
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Sec. 8426.052. 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 8426.003; 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 8426.003 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 8426.003; 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. 8426.101. 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. 8426.102. 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. 8426.103. 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. 8426.104. 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, |
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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. 8426.105. 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. 8426.151. ELECTIONS REGARDING TAXES OR BONDS. |
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(a) The district may issue, without an election, bonds and other |
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obligations secured by: |
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(1) revenue other than ad valorem taxes; or |
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(2) contract payments described by Section 8426.153. |
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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. 8426.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8426.151, 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. 8426.153. 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. 8426.201. 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. 8426.202. 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. 8426.203. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of bonds or other obligations |
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issued or incurred to finance road projects and payable from ad |
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valorem taxes may not exceed one-fourth of the assessed value of the |
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real property in the district. |
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SECTION 2. The Brazoria County Municipal Utility District |
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No. 48 initially includes all the territory contained in the |
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following area: |
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Being a 492.77 acre tract of land out of the Francis Moore |
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League, Abstract 100, Brazoria County, Texas; and being out of and a |
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portion of that certain called 2,075.08 acre tract of land as |
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conveyed in Special Warranty Deed to SUNTEX FULLER CORPORATION, |
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recorded in Clerk's File Number 99-003294 of the Official Public |
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Records of Real Property in Brazoria County, Texas; said 492.77 |
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acre tract of land is more particularly described by metes and |
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bounds as follows; |
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BEGINNING at a point for corner in the North line of said |
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Francis Moore League, Abstract-100 and the South line of J.M. Allen |
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Survey, Abstract 1, said common line being the Centerline of F.M. |
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1462 (120-feet wide right-of-way) as described in Volume 303, Page |
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215 in Deed Records of Brazoria County, Texas; said point being at |
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the intersection of said Centerline F.M. 1462 and the Westerly bank |
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of Chocolate Bayou; |
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THENCE with said Westerly bank of Chocolate Bayou as follows: |
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- South 29° 37' 12" East, 286.76 feet to a point for corner; |
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- South 37° 37' 45" East, 98.60 feet to a point for corner; |
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- South 58° 12' 19" East, 74.12 feet to a point for corner; |
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- South 65° 18' 15" East, 39.36 feet to a point for corner; |
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- South 72° 50' 52" East, 84.71 feet to a point for corner; |
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- South 62° 07' 23" East, 50.26 feet to a point for corner; |
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- South 63° 42' 25" East, 61.61 feet to a point for corner; |
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- South 83° 58' 31" East, 62.15 feet to a point for corner; |
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- South 89° 46' 42" East, 156.44 feet to a point for corner; |
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- North 78° 40' 17" East, 114.42 feet to a point for corner; |
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- South 83° 48' 49" East, 75.14 feet to a point for corner; |
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- South 44° 41' 36" East, 53.64 feet to a point for corner; |
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- South 35° 59' 27" East, 41.91 feet to a point for corner; |
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- South 54° 37' 18" East, 72.75 feet to a point for corner; |
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- South 60° 13' 15" East, 82.99 feet to a point for corner; |
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- South 84° 59' 15" East, 41.40 feet to a point for corner; |
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- North 65° 07' 37" East, 49.36 feet to a point for corner; |
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- North 49° 04' 05" East, 45.02 feet to a point for corner; |
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- North 27° 07' 24" East, 42.50 feet to a point for corner; |
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- North 05° 24' 53" East, 150.68 feet to a point for corner; |
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- North 17° 46' 16" East, 205.58 feet to a point for corner; |
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- North 29° 54' 00" East, 69.19 feet to a point for corner; |
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- North 53° 46' 00" East, 41.16 feet to a point for corner; |
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- North 73° 56' 12" East, 44.86 feet to a point for corner; |
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- South 74° 06' 34" East, 48.00 feet to a point for corner; |
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- South 57° 22' 21" East, 52.53 feet to a point for corner; |
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- South 46° 11' 23" East, 60.40 feet to a point for corner; |
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- South 23° 42' 34" East, 110.24 feet to a point for corner; |
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- South 37° 15' 55" East, 67.68 feet to a point for corner; |
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- South 13° 20' 22" East, 50.54 feet to a point for corner; |
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- South 13° 56' 17" West, 30.35 feet to a point for corner; |
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- South 43° 44' 18" West, 45.77 feet to a point for corner; |
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- South 28° 21' 38" West, 43.10 feet to a point for corner; |
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- South 02° 44' 06" West, 78.01 feet to a point for corner; |
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- South 12° 50' 40" West, 81.68 feet to a point for corner; |
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- South 30° 17' 22" West, 34.87 feet to a point for corner; |
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- South 55° 21' 34" West, 172.54 feet to a point for corner; |
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- South 24° 06' 16" West, 50.46 feet to a point for corner; |
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- South 02° 02' 05" West, 40.80 feet to a point for corner; |
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- South 06° 26' 16" East, 53.32 feet to a point for corner; |
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- South 36° 15' 31" East, 78.14 feet to a point for corner; |
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- South 70° 27' 18" East, 63.39 feet to a point for corner; |
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- South 82° 03' 36" East, 171.66 feet to a point for corner; |
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- North 83° 34' 28" East, 126.11 feet to a point for corner; |
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- South 87° 49' 03" East, 54.71 feet to a point for corner; |
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- South 80° 56' 32" East, 64.45 feet to a point for corner; |
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- North 84° 13' 38" East, 108.16 feet to a point for corner; |
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- South 49° 12' 27" East, 91.66 feet to a point for corner; |
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- South 29° 23' 53" East, 36.26 feet to a point for corner; |
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- South 08° 12' 55" East, 50.07 feet to a point for corner; |
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- South 14° 12' 56" West, 32.94 feet to a point for corner; |
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- South 41° 22' 38" West, 30.22 feet to a point for corner; |
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- South 62° 38' 50" West, 27.71 feet to a point for corner; |
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- South 46° 50' 24" West, 40.68 feet to a point for corner; |
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- South 19° 42' 22" West, 78.54 feet to a point for corner; |
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- South 29° 41' 54" West, 57.57 feet to a point for corner; |
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- South 54° 43' 10" West, 59.98 feet to a point for corner; |
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- North 75° 12' 03" West, 28.25 feet to a point for corner; |
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- North 58° 05' 53" West, 80.22 feet to a point for corner; |
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- North 68° 16' 26" West, 80.89 feet to a point for corner; |
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- North 84° 24' 48" West, 113.51 feet to a point for corner; |
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- South 85° 36' 43" West, 57.64 feet to a point for corner; |
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- South 59° 07' 07" West, 35.52 feet to a point for corner; |
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- South 43° 10' 00" West, 173.07 feet to a point for corner; |
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- South 58° 18' 23" West, 59.61 feet to a point for corner; |
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- South 65° 27' 02" West, 95.46 feet to a point for corner; |
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- South 75° 33' 32" West, 38.58 feet to a point for corner; |
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- South 41° 03' 58" West, 116.50 feet to a point for corner; |
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- South 22° 37' 47" West, 141.61 feet to a point for corner; |
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- South 50° 15' 58" West, 35.62 feet to a point for corner; |
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- South 56° 20' 46" West, 45.50 feet to a point for corner; |
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- South 76° 05' 17" West, 34.12 feet to a point for corner; |
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- North 84° 28' 59" West, 68.63 feet to a point for corner; |
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- North 73° 17' 07" West, 48.33 feet to a point for corner; |
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- North 82° 37' 09" West, 97.81 feet to a point for corner; |
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- North 70° 03' 45" West, 68.68 feet to a point for corner; |
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- North 31° 08' 18" West, 94.47 feet to a point for corner; |
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- North 53° 10' 57" West, 46.64 feet to a point for corner; |
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- South 88° 04' 18" West, 51.20 feet to a point for corner; |
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- South 48° 48' 10" West, 34.38 feet to a point for corner; |
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- South 24° 58' 40" West, 28.83 feet to a point for corner; |
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- South 14° 30' 57" West, 62.55 feet to a point for corner; |
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- South 11° 22' 46" West, 47.19 feet to a point for corner; |
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- South 06° 21' 31" West, 71.09 feet to a point for corner; |
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- South 01° 53' 08" East, 54.84 feet to a point for corner; |
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- South 22° 47' 28" East, 73.62 feet to a point for corner; |
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- South 40° 22' 45" East, 88.74 feet to a point for corner; |
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- South 49° 22' 08" East, 65.26 feet to a point for corner; |
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- South 43° 59' 08" East, 38.80 feet to a point for corner; |
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- South 23° 37' 58" East, 41.60 feet to a point for corner; |
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- South 13° 27' 43" East, 72.46 feet to a point for corner; |
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- South 04° 01' 07" West, 42.58 feet to a point for corner; |
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- South 06° 34' 31" East, 63.66 feet to a point for corner; |
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- South 27° 26' 58" East, 82.58 feet to a point for corner; |
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- South 43° 05' 31" East, 75.71 feet to a point for corner; |
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- South 56° 19' 30" East, 49.62 feet to a point for corner; |
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- South 67° 40' 45" East, 29.88 feet to a point for corner; |
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- North 79° 19' 18" East, 74.56 feet to a point for corner; |
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- North 76° 45' 00" East, 53.43 feet to a point for corner; |
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- North 65° 44' 53" East, 63.34 feet to a point for corner; |
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- North 56° 48' 14" East, 127.00 feet to a point for corner; |
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- North 49° 25' 33" East, 78.20 feet to a point for corner; |
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- North 67° 53' 48" East, 26.43 feet to a point for corner; |
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- South 88° 06' 40" East, 37.72 feet to a point for corner; |
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- South 74° 00' 35" East, 71.50 feet to a point for corner; |
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- South 65° 57' 46" East, 38.27 feet to a point for corner; |
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- South 89° 42' 38" East, 87.64 feet to a point for corner; |
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- North 85° 26' 05" East, 90.72 feet to a point for corner; |
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- North 80° 10' 34" East, 82.71 feet to a point for corner; |
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- North 87° 00' 20" East, 124.97 feet to a point for corner; |
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- North 89° 26' 04" East, 57.86 feet to a point for corner; |
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- North 77° 34' 48" East, 49.14 feet to a point for corner; |
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- North 58° 17' 24" East, 108.39 feet to a point for corner; |
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- North 75° 24' 28" East, 30.99 feet to a point for corner; |
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- South 88° 57' 13" East, 34.60 feet to a point for corner; |
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- South 56° 09' 02" East, 32.08 feet to a point for corner; |
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- South 22° 58' 47" East, 33.43 feet to a point for corner; |
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- South 05° 22' 46" East, 44.50 feet to a point for corner; |
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- South 05° 06' 14" East, 36.88 feet to a point for corner; |
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- South 01° 13' 08" West, 27.95 feet to a point for corner; |
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- South 15° 10' 17" West, 107.22 feet to a point for corner; |
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- South 23° 55' 06" West, 72.71 feet to a point for corner; |
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- South 30° 49' 01" West, 145.30 feet to a point for corner; |
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- South 15° 47' 42" West, 100.00 feet to a point for corner; |
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- South 04° 46' 36" West, 54.14 feet to a point for corner; |
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- South 02° 57' 21" East, 60.40 feet to a point for corner; |
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- South 10° 08' 35" East, 49.22 feet to a point for corner; |
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- South 09° 42' 06" East, 58.74 feet to a point for corner; |
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- South 07° 38' 22" East, 36.41 feet to a point for corner; |
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- South 31° 36' 51" East, 65.72 feet to a point for corner; |
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- South 51° 26' 07" East, 61.58 feet to a point for corner; |
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- South 67° 13' 50" East, 144.59 feet to a point for corner; |
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- South 77° 25' 44" East, 191.64 feet to a point for corner; |
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- North 78° 29' 03" East, 44.38 feet to a point for corner; |
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- South 78° 19' 52" East, 41.39 feet to a point for corner; |
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- South 66° 14' 34" East, 44.08 feet to a point for corner; |
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- South 61° 53' 03" East, 46.63 feet to a point for corner; |
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- South 49° 56' 58" East, 51.47 feet to a point for corner; |
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- South 02° 17' 31" East, 112.25 feet to a point for corner; |
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- South 43° 16' 43" West, 98.84 feet to a point for corner; |
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- South 57° 11' 33" West, 98.06 feet to a point for corner; |
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- South 40° 07' 08" West, 236.64 feet to a point for corner; |
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- North 70° 59' 30" West, 57.49 feet to a point for corner; |
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- North 48° 00' 50" West, 118.49 feet to a point for corner; |
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- North 76° 05' 32" West, 63.06 feet to a point for corner; |
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- South 69° 35' 35" West, 58.51 feet to a point for corner; |
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- South 13° 44' 39" West, 184.14 feet to a point for corner; |
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- South 12° 29' 32" East, 146.42 feet to a point for corner; |
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- South 41° 49' 23" East, 87.14 feet to a point for corner; |
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- South 80° 55' 57" East, 86.52 feet to a point for corner; |
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- North 75° 00' 30" East, 121.65 feet to a point for corner; |
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- South 87° 45' 43" East, 74.00 feet to a point for corner; |
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- South 52° 58' 03" East, 81.42 feet to a point for corner; |
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- South 38° 54' 56" East, 96.24 feet to a point for corner; |
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- South 50° 58' 05" East, 142.39 feet to a point for corner; |
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- South 27° 12' 41" East, 168.84 feet to a point for corner; |
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- South 66° 04' 26" East, 86.14 feet to a point for corner; |
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- North 47° 10' 06" East, 94.51 feet to a point for corner; |
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- North 62° 41' 11" East, 70.59 feet to a point for corner; |
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- North 29° 32' 19" East, 146.55 feet to a point for corner; |
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- North 64° 55' 24" East, 71.38 feet to a point for corner; |
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- South 45° 02' 00" East, 69.41 feet to a point for corner; |
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- South 20° 13' 41" East, 153.12 feet to a point for corner; |
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- South 39° 23' 59" East, 99.67 feet to a point for corner; |
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- South 07° 54' 52" West, 76.85 feet to a point for corner; |
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- South 38° 29' 47" West, 183.92 feet to a point for corner; |
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- South 33° 25' 33" West, 89.62 feet to a point for corner; |
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- South 12° 25' 45" East, 37.02 feet to a point for corner; |
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- South 47° 14' 01" East, 94.42 feet to a point for corner; |
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- South 36° 03' 09" East, 77.48 feet to a point for the |
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Southeast corner of the herein described tract of land; |
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THENCE South 62° 54' 39" West with the Southeasterly line of |
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the herein described tract of land, the Northwesterly line of |
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Brazoria County M.U.D. No. 50, 3,610.87 feet to a point for the |
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Southernmost Southwest corner of the herein described tract of |
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land, being in the arc of a non-tangent curve to the right, for the |
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East line of Savannah Plantation, Section Three as recorded in |
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Volume 21, Page 1-2 of the Map Records of Brazoria County, Texas; |
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THENCE with the East line of said Savannah Plantation, |
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Section Three, the West line of the herein described tract of land |
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as follows: |
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- Along the arc of said non-tangent curve to the right, |
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having a chord of North 17° 20' 19" East, 788.14 feet, a radius of |
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2,230.00 feet, a central angle of 20° 21' 25", an arc length of |
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792.31 feet to a point of non-tangent reverse curvature for corner; |
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- Along the arc of said non-tangent reverse curve to the |
|
left, having a chord of North 05° 50' 56" West, 235.49 feet, a radius |
|
of 200.00 feet, a central angle of 72° 08' 00", an arc length of |
|
251.79 feet to a point for corner; |
|
- North 41° 54' 56" West, 411.19 feet to a point for corner at |
|
the beginning of a curve to the right; |
|
- Along the arc of said curve to the right, having a chord of |
|
North 30° 37' 03" West, 352.64 feet, a radius of 900.00 feet, a |
|
central angle of 22° 35' 45", an arc length of 354.93 feet to a point |
|
for corner; |
|
- North 19° 19' 11" West, 470.76 feet to a point for the |
|
Northeast corner of said Savannah Plantation, Section Three, being |
|
in the South line of Savannah Plantation, Section Four as recorded |
|
in Volume 21, Pages 153-154 of the Map Records of Brazoria County, |
|
Texas; |
|
THENCE with the South line of said Savannah Plantation, |
|
Section Four as follows: |
|
- North 70° 40' 49" East, 665.48 feet to a point for corner at |
|
the beginning of a curve to the left; |
|
- Along the arc of said curve to the left, having a chord of |
|
North 55° 54' 25" East, 968.98 feet, a radius of 1900.00 feet, a |
|
central angle of 29° 32' 48", an arc length of 979.80 feet to a point |
|
of reverse curvature for corner; |
|
- Along the arc of said reverse curve to the right, having a |
|
chord of North 48° 00' 02" East, 406.52 feet, a radius of 1700.00 |
|
feet, a central angle of 13° 44' 02", an arc length of 407.49 feet to |
|
a point for the Easternmost corner of said Savannah Plantation, |
|
Section Four; |
|
THENCE North 45° 17' 17" West with the Northeasterly line of |
|
said Savannah Plantation, Section Four, 498.34 feet to a point for |
|
the Northeast corner of said Savannah Plantation, Section Four, at |
|
the beginning of a non-tangent curve to the left; |
|
THENCE with the North line of said Savannah Plantation, |
|
Section Four as follows: |
|
- Along the arc of said non-tangent curve to the left, |
|
having a chord of South 51° 47' 20" West, 236.29 feet, a radius of |
|
640.00 feet, a central angle of 21° 16' 32", an arc length of 237.65 |
|
feet to a point for corner; |
|
- South 41° 09' 03" West, 202.91 feet to a point for corner; |
|
- North 48° 50' 57" West, 15.15 feet to a point for corner at |
|
the beginning of a curve to the left; |
|
- Along the arc of said curve to the left, having a chord of |
|
North 62° 26' 57" West, 348.01 feet, a radius of 740.00 feet, a |
|
central angle of 27° 12' 00", an arc length of 351.30 feet to a point |
|
for corner; |
|
- South 13° 57' 02" West, 80.00 feet to a point for corner; |
|
- South 70° 37' 31" West, 1280.48 feet to a point for corner; |
|
- South 70° 43' 06" West, 3,357.14 feet to a point for the |
|
Northwest corner of said Savannah Plantation, Section Four, in the |
|
Northeasterly line of said Savannah Plantation, Section Three, the |
|
Northeasterly right-of-way line of Savannah Plantation Drive |
|
(150-foot right-of-way)as recorded in said Savannah Plantation, |
|
Section Three; |
|
THENCE North 27° 01' 02" West, passing at a distance of 695.14 |
|
feet a point marking the Northernmost Northeast corner of said |
|
Savannah Plantation, Section Three, being the Southeast corner of |
|
Savannah Plantation, Section Two, as recorded in Volume 20, Pages |
|
333-334 of the Map Records of Brazoria County, Texas; and |
|
continuing for a total distance of 1,173.56 feet to a point for the |
|
Southwest corner of Savannah Plantation, Section One (Unrecorded); |
|
THENCE with the Southeasterly line of said Savannah |
|
Plantation, Section One as follows: |
|
- North 62° 58' 58" East, 1515.00 feet to a point for corner; |
|
- North 27° 01' 02" West, 474.00 feet to a point for corner; |
|
- North 62° 58' 58" East, 1,800.00 feet to a point for the |
|
Easternmost Southeast corner of said Savannah Plantation, Section |
|
One; |
|
- North 27° 01' 02" West, 786.10 feet to a point for the |
|
Northeast corner of said Savannah Plantation, Section One, the |
|
Northwest corner of the herein described tract of land, in the |
|
Centerline of said F.M. 1462, in said North line of Francis Moore |
|
League, A-100, the South line of said J.M. Allen Survey, A-1; |
|
THENCE North 62° 58' 58" East with said centerline and said |
|
common survey line, 2,586.70 feet to the POINT OF BEGINNING; |
|
containing 492.77 acres 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 |
|
8426, Special District Local Laws Code, as added by Section 1 of |
|
this Act, is amended by adding Section 8426.106 to read as follows: |
|
Sec. 8426.106. 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 Subsection (c), |
|
Section 17, 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. |