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A BILL TO BE ENTITLED
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AN ACT
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relating to the transfer of certain state property from the Texas |
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Department of Transportation to the University of Houston. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. (a) In this section, "utility infrastructure" |
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includes any facility owned by an electric or gas utility, as |
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defined by Section 31.002, 101.003, or 121.001, Utilities Code. |
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(b) As soon as practicable after obtaining the necessary |
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federal approval, the Texas Department of Transportation shall |
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donate and transfer to the University of Houston the real property |
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described by Subsection (f) of this section. |
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(c) The University of Houston may use the property |
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transferred under this Act only for a purpose that benefits the |
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public interest of the state. If the University of Houston uses the |
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property for any purpose other than a purpose described by this |
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subsection, ownership of the property automatically reverts to the |
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Texas Department of Transportation. |
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(d) The Texas Department of Transportation shall transfer |
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the property by an appropriate instrument of transfer. The |
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instrument of transfer must: |
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(1) provide that: |
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(A) the University of Houston may use the |
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property only for a purpose that benefits the public interest of the |
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state; |
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(B) ownership of the property will automatically |
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revert to the Texas Department of Transportation if the University |
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of Houston uses the property for any purpose other than a purpose |
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described by Paragraph (A) of this subdivision; |
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(C) if a relocation of utility infrastructure |
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located within the property is requested, the relocation costs are |
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paid by the requesting party; and |
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(D) the property is subject to an easement |
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created for all existing utility infrastructure located within the |
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property; and |
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(2) describe the property to be transferred by metes |
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and bounds. |
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(e) The Texas Department of Transportation shall retain |
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custody of the instrument of transfer after the instrument of |
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transfer is filed in the real property records of Fort Bend County. |
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(f) The real property referred to in this section consists |
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of the following three tracts of land: |
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(1) Being a tract of land containing 5.000 acres |
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(217,800 square feet), located in the Alexander Hodges Survey, |
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Abstract-32, in Fort Bend County, Texas; being a portion of a called |
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1093.65 acre tract recorded in the name of the State of Texas, State |
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Department of Highways and Public Transportation in Volume 2329, |
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Page 50 of the Fort Bend County Deed Records, and being all of a call |
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5.000 acre tract recorded as Tract 5 Part 3 of the State of Texas |
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Department of Transportation Tract 5 Partition Plat, a plat of |
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record in Slide Numbers 1655B and 1656A of the Plat Records of Fort |
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Bend County; said 5.000 acre tract being more particularly |
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described by metes and bounds as follows (all bearings referenced |
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to said Tract 5 partition plat): |
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Beginning at a TxDOT disk found at the northwest corner of a |
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said 5.000 acre tract, and being on the southeasterly Right-Of-Way |
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(R.O.W.) line of U.S. Highway 59 (width varies), from which a TxDOT |
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disk found for an angle point in said southeasterly R.O.W. line |
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bears South 52 degrees 29 minutes 36 seconds West, a distance of |
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453.80 feet; |
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Thence, with the lines common to said 5.000 acre tract and the |
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southeasterly R.O.W. line of said U.S. Highway 59, the following |
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two (2) courses: |
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1. North 52 degrees 29 minutes 44 seconds East, a distance |
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of 400.00 feet to a TxDOT disk found for an angle point; |
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2. North 76 degrees 03 minutes 27 seconds East, a distance |
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of 339.25 feet to a TxDOT disk found at the northeast corner of said |
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5.000 acres and the northwest corner of a call 8.000 acre tract |
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recorded as Tract 5, Part 4 of said Tract 5 partition plat, for the |
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northeast corner of the herein described tract; |
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Thence, with the line common to said 5.000 acre and said 8.000 |
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acre tracts, South 04 degrees 10 minutes 00 seconds East, a distance |
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of 436.38 feet to a TxDOT disk found at the southeast corner of said |
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5.000 acre tract and being a northeasterly corner of The Board of |
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Regents of the University of Houston System Tract 5, Part 2 (U of H) |
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recorded in Fort Bend County Clerk's File Number 98103479, for the |
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southeast corner of the herein described tract; |
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Thence, with the lines common to said U of H tract and said |
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5.000 acre tract, the following two (2) courses: |
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1. South 85 degrees 50 minutes 00 seconds West, a distance |
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of 563.90 feet to a TxDOT disk found at the southwest corner of said |
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5.000 acre and the herein described tract; |
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2. North 37 degrees 31 minutes 00 seconds West, a distance |
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of 190.28 feet to the Point of Beginning and containing 5.000 acres |
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(217,800 square feet) of land; |
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(2) Being a tract of land containing 3.194 acres |
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(139,131 square feet), located in the Alexander Hodges Survey, |
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Abstract-32, in Fort Bend County, Texas; being a portion of a call |
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105.505 acre tract of land Parcel Number 121 dedicated as the |
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Right-Of-Way of U.S. Highway 59 (width varies) recorded in Volume |
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460, Page 73 of the Fort Bend County Deed Records; said 3.194 acre |
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tract being more particularly described by metes and bounds as |
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follows (all bearings referenced to the State of Texas Department |
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of Transportation Tract 5 Partition Plat, a plat of record in Slide |
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Numbers 1655B and 1656A of the Plat Records of Fort Bend County, |
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Texas): |
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Commencing at a TxDOT disk found at the westerly northwest |
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corner of a call 5.000 acre tract recorded as Tract 5, Part 3 of said |
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Tract 5 partition plat, and being on the southeasterly R.O.W. line |
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of said U.S. Highway 59, from which a TxDOT disk found for an angle |
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point in said southeasterly R.O.W. line bears South 52 degrees 29 |
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minutes 36 seconds West, a distance of 453.80 feet; |
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Thence, with the lines common to said 5.000 acre tract and the |
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southeasterly R.O.W. line of U.S. Highway 59, North 52 degrees 29 |
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minutes 44 seconds East, a distance of 400.00 feet to a TxDOT disk |
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found for the southwest corner and Point of Beginning of the herein |
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described tract; |
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Thence, through and across said 105.505 acre tract and with |
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the proposed south R.O.W. line of said U.S. Highway 59, and the |
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proposed west R.O.W. line of University Boulevard, the following |
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five (5) courses: |
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1. North 52 degrees 29 minutes 44 seconds East, a distance |
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of 409.89 feet to a 5/8-inch iron rod with a Miller Survey Group |
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(MSG) cap set for an angle point; |
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2. North 56 degrees 50 minutes 07 seconds East, a distance |
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of 97.35 feet to a 5/8-inch iron rod with a MSG cap set for an angle |
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point; |
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3. North 52 degrees 29 minutes 44 seconds East, a distance |
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of 274.54 feet to a 5/8-inch iron rod with a MSG cap set for an angle |
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point; |
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4. South 72 degrees 43 minutes 47 seconds East, a distance |
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of 83.12 feet to a 5/8-inch iron rod with a MSG cap set at the |
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northeast corner of the herein described tract and being at the |
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intersection of the proposed southeast R.O.W. line of proposed U.S. |
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Highway 59 and the projection of the west R.O.W. line of University |
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Boulevard; |
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5. South 04 degrees 10 minutes 00 seconds East, a distance |
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of 362.11 feet to a 5/8-inch iron rod with a MSG cap set at the |
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northeast corner of a call 8.000 acre tract recorded as Tract 5, |
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Part 4 of said Tract 5 partition plat, and being on the present |
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southeast R.O.W. line of said U.S. Highway 59, for the southeast |
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corner of the herein described tract; |
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Thence, with the southeast R.O.W. line of U.S. Highway 59 and |
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the north lines of said 8.000 acre and 5.000 acre tracts, the |
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following three (3) courses: |
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1. North 49 degrees 10 minutes 00 seconds West, a distance |
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of 35.51 feet to a 5/8 inch iron Rod with a MSG cap set for an angle |
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point; |
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2. South 86 degrees 05 minutes 07 seconds West, a distance |
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of 374.89 feet to a TxDOT disk found for the northwest corner of |
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said 8.000 acre tract and the northeast corner of said 5.000 acre |
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tract; |
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3. South 76 degrees 03 minutes 27 seconds West, a distance |
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of 339.25 feet to the Point of Beginning and containing 3.194 acres |
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(139,131 square feet) of land; and |
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(3) Being a tract of land containing 8.000 acres |
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(348,480 square feet), located in the Alexander Hodges Survey, |
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Abstract-32, in Fort Bend County, Texas; being all of a call 8.000 |
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acre tract recorded in the name of the State of Texas, State |
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Department of Highways and Public Transportation in Volume 1821, |
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Page 993 of the Fort Bend County Deed Records, and platted as Tract |
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5 Part 4 of the State of Texas Department of Transportation Tract 5 |
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Partition Plat, a plat of record in Slide Numbers 1655B and 1656A of |
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the Plat Records of Fort Bend County; said 8.000 acre tract being |
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more particularly described by metes and bounds as follows (all |
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bearings referenced to said Tract 5 partition plat): |
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Commencing at a TxDOT disk found at the northwest corner of a |
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call 5.000 acre tract recorded as Tract 5, Part 3 of said Tract 5 |
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partition plat, and being on the southeasterly Right-Of-Way |
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(R.O.W.) line of U.S. Highway 59 (width varies), from which a TxDOT |
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disk found for an angle point in said southeasterly R.O.W. line |
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bears South 52 degrees 29 minutes 36 seconds West, a distance of |
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453.80 feet; |
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Thence, with the lines common to said 5.000 acre tract and the |
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southeasterly R.O.W. line of said U.S. Highway 59, the following |
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four (4) courses: |
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1. North 52 degrees 29 minutes 44 seconds East, a distance |
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of 400.00 feet to a TxDOT disk found for an angle point; |
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2. North 76 degrees 03 minutes 27 seconds East, a distance |
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of 339.25 feet to a TxDOT disk found at the northeast corner of said |
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5.000 acre tract and the northwest corner of said 8.000 acre tract |
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and Point of Beginning of the herein described tract; |
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3. North 86 degrees 05 minutes 07 seconds East ,a distance |
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of 374.89 feet to a 5/8-inch iron rod with a "Miller Survey Group" |
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(MSG) cap set for an angle point; |
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4. South 49 degrees 10 minutes 00 seconds East, a distance |
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of 35.51 feet to a 5/8-inch iron rod with a MSG cap set on the west |
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R.O.W. line of University Boulevard (width varies per said Tract 5 |
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partition plat), for the northeast corner of said 8.000 acre and the |
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herein described tract; |
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Thence, with the west R.O.W. line of said University |
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Boulevard, and the east line of said 8.000 acre tract, South 04 |
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degrees 10 minutes 00 seconds East, a distance of 846.11 feet to an |
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"X" cut in concrete set at the southeast corner of said 8.000 acre |
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tract and being an easterly northeast corner of The Board of Regents |
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of the University of Houston System Tract 5, Part 2 (U of H) |
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recorded in Fort Bend County Clerk's File Number 98103479, for the |
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southeast corner of the herein described tract; |
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Thence, with the lines common to said U of H tract and said |
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8.000 acre tract, South 85 degrees 50 minutes 00 seconds West, a |
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distance of 400.00 feet to an "X" cut in concrete set at the |
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southwest corner of said 8.000 acre and the herein described tract; |
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Thence, with the west line of said 8.000 acre tract, a |
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northeast line of said U of H tract and the east line of said 5.000 |
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acre tract, North 04 degrees 10 minutes 00 seconds West, at a |
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distance of 436.49 feet pass a TxDOT disk found at the southeast |
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corner of said 5.000 acre tract and continue in all a total distance |
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of 872.87 feet to the Point of Beginning and containing 8.000 acres |
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(348,480 square feet) of land. |
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SECTION 2. This Act takes effect September 1, 2015. |