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A BILL TO BE ENTITLED
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relating to the creation of the Montgomery County Municipal Utility |
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District No. 146; 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 7906 to read as follows: |
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CHAPTER 7906. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 146 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 7906.001. 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. 146. |
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Sec. 7906.002. 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. 7906.003. 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. 7906.004. CONSENT OF MUNICIPALITY REQUIRED. (a) The |
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temporary directors may not hold an election under Section 7906.003 |
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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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(b) Municipal consent to the creation of the district and to |
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the inclusion of land in the district granted under this section |
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acts as municipal consent to the creation of any new district |
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created by the division of the district and to the inclusion of land |
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in the new district. |
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Sec. 7906.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a) |
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The district is created to serve a public purpose and benefit. |
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(b) The district is created to accomplish the purposes of: |
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(1) a municipal utility district as provided by |
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general law and Section 59, Article XVI, Texas Constitution; and |
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(2) Section 52, Article III, Texas Constitution, that |
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relate to the construction, acquisition, improvement, operation, |
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or maintenance of macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 7906.006. 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. 7906.051. 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 7906.052, directors serve |
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staggered four-year terms. |
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Sec. 7906.052. TEMPORARY DIRECTORS. (a) On or after |
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September 1, 2015, the owner or owners of a majority of the assessed |
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value of the real property in the district may submit a petition to |
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the commission requesting that the commission appoint as temporary |
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directors the five persons named in the petition. The commission |
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shall appoint as temporary directors the five persons named in the |
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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 7906.003; or |
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(2) September 1, 2019. |
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(c) If permanent directors have not been elected under |
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Section 7906.003 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 7906.003; 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. 7906.101. 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. 7906.102. 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. 7906.103. 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. 7906.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road |
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project must meet all applicable construction standards, zoning and |
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subdivision requirements, and regulations of each municipality in |
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whose corporate limits or extraterritorial jurisdiction the road |
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project is located. |
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(b) If a road project is not located in the corporate limits |
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or extraterritorial jurisdiction of a municipality, the road |
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project must meet all applicable construction standards, |
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subdivision requirements, and regulations of each county in which |
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the road project is located. |
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(c) If the state will maintain and operate the road, the |
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Texas Transportation Commission must approve the plans and |
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specifications of the road project. |
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Sec. 7906.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE |
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OR RESOLUTION. (a) 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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(b) Section 54.016(f), Water Code, does not apply to the |
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district. |
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Sec. 7906.106. DIVISION OF DISTRICT. (a) The district may |
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be divided into two or more new districts only if the district: |
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(1) has no outstanding bonded debt; and |
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(2) is not imposing ad valorem taxes. |
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(b) This chapter applies to any new district created by the |
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division of the district, and a new district has all the powers and |
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duties of the district. |
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(c) Any new district created by the division of the district |
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may not, at the time the new district is created, contain any land |
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outside the area described by Section 2 of the Act creating this |
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chapter. |
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(d) The board, on its own motion or on receipt of a petition |
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signed by the owner or owners of a majority of the assessed value of |
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the real property in the district, may adopt an order dividing the |
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district. |
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(e) The board may adopt an order dividing the district |
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before or after the date the board holds an election under Section |
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7906.003 to confirm the creation of the district and before or after |
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an election under Section 7906.151 to authorize the issuance of |
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bonds. |
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(f) An order dividing the district must: |
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(1) name each new district; |
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(2) include the metes and bounds description of the |
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territory of each new district; |
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(3) appoint temporary directors for each new district; |
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and |
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(4) provide for the division of assets and liabilities |
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between or among the new districts. |
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(g) On or before the 30th day after the date of adoption of |
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an order dividing the district, the district shall file the order |
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with the commission and record the order in the real property |
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records of each county in which the district is located. |
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(h) Any new district created by the division of the district |
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shall hold a confirmation and directors' election as required by |
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Section 7906.003. |
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(i) Any new district created by the division of the district |
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must hold an election as required by this chapter to obtain voter |
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approval before the district may impose a maintenance tax or issue |
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bonds payable wholly or partly from ad valorem taxes. |
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(j) If the creation of the new district is confirmed, the |
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new district shall provide the election date and results to the |
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commission. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 7906.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The |
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district may issue, without an election, bonds and other |
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obligations secured by: |
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(1) revenue other than ad valorem taxes; or |
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(2) contract payments described by Section 7906.153. |
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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. 7906.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 7906.151, 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. 7906.153. 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. 7906.201. 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. 7906.202. 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. 7906.203. 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. 146 initially includes all the territory contained in the |
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following area: |
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428.212 Acres |
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Joseph G. Ferguson Survey, A-221 |
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Montgomery County, Texas |
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Being 428.212 acres of land situated in the Joseph G. Ferguson |
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Survey, A-221, Montgomery County, Texas, and being out of a |
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residual of a certain 1936.077 acres of land as described in deed |
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recorded under County Clerk's File No. 2007-037712 of the Real |
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Property Records of Montgomery County, Texas, said 428.212 acres of |
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land being more particularly described by metes and bounds as |
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follows: |
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BEGINNING at a concrete monument found in the west line of F.M. |
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1486, a 110 foot right-of-way, for the southeast corner of Blake |
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Ranch as described in deed recorded under County Clerk's File |
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No. 9366055 of the Real Property Records of Montgomery County, |
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Texas, same being the northeast corner and POINT OF BEGINNING of |
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the herein described tract; |
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THENCE South 02 degrees 33 minutes 01 seconds East, along the west |
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line of said F.M. 1486 and the east boundary line of the said |
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1936.077 acres of land, same being the east boundary line of the |
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herein described tract, a distance of 2677.01 feet to a 5/8 inch |
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iron rod with survey cap (Moyer) set for the northeast corner of Lot |
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1, Block 8, Crown Ranch Section One Amending Plat No. 1, according |
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to the map or plat thereof recorded in Cabinet Z, Sheets 755 thru |
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759 of the Map Records of Montgomery County, Texas, and the |
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southeast corner of the herein described tract; |
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THENCE North 85 degrees 35 minutes 50 seconds West, along the north |
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boundary line of Lots 1, 2, 3, and 4, Block 8, of said Crown Ranch |
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and the southerly boundary line of the herein described tract, a |
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distance of 1128.30 feet to a 5/8 inch iron rod with survey cap |
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(Moyer) set for an angle point; |
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THENCE South 59 degrees 34 minutes 02 seconds West, continuing |
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along the north boundary line of said Lot 4 and the north boundary |
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line of Lots 5 and 6, Block 8 of said Crown Ranch and continuing |
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along the south boundary line of the herein described tract, a |
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distance of 635.56 feet to a 5/8 inch iron rod with survey cap |
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(Moyer) set for the northwest corner of said Lot 6 and a southerly |
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corner of the herein described tract; |
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THENCE in a southeasterly direction along the west boundary line of |
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said Lot 6 and a southerly boundary line of the herein described |
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tract along a non-tangent curve to the left having as its elements: |
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a radius of 616.14 feet, a central angle of 37 degrees 40 minutes 18 |
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seconds, an arc length of 405.11 feet, and a chord bearing of South |
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23 degrees 38 minutes 52 seconds East, a distance of 397.85 feet to |
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a 5/8 inch iron rod with survey cap (Moyer) set in the north line of |
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Crown Ranch Boulevard (a northwesterly cut-back corner) for the |
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southwest corner of said Lot 6 and a southerly corner of the herein |
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described tract; |
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THENCE South 37 degrees 53 minutes 49 seconds West, continuing |
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along the northwesterly line of said Crown Ranch Boulevard and the |
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southerly boundary line of the herein described tract, a distance |
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of 60.78 feet to a 5/8 inch iron rod with survey cap (Moyer) set for |
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the most easterly southeast corner of Restricted Reserve "F" of |
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said Crown Ranch and a southerly corner of the herein described |
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tract; |
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THENCE in a northwesterly direction along the northeast boundary |
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line of said Restricted Reserve "F" and continuing along the |
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southerly boundary line of the herein described tract along a |
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non-tangent curve to the right having as its elements: a radius of |
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676.14 feet, a central angle of 27 degrees 37 minutes 46 seconds, an |
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arc length of 326.05 feet, and a chord bearing of North 29 degrees |
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31 minutes 46 seconds West, a distance of 322.90 feet to a 5/8 inch |
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iron rod with survey cap (Moyer) set for the northeast corner of |
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said Restricted Reserve "F" and a southerly corner of the herein |
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described tract; |
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THENCE South 59 degrees 34 minutes 02 seconds West, along the north |
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boundary line of said Restricted Reserve "F" and continuing along |
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the southerly boundary line of the herein described tract, a |
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distance of 657.92 feet to a 5/8 inch iron rod with survey cap |
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(Moyer) set for the northwest corner of said Restricted Reserve "F" |
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and a southerly corner of the herein described tract; |
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THENCE South 14 degrees 38 minutes 43 seconds West, along the west |
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boundary line of said Restricted Reserve "F" and continuing along |
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the southerly boundary line of the herein described tract, a |
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distance of 243.59 feet to a 5/8 inch iron rod with survey cap |
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(Moyer) set for an angle point; |
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THENCE South 02 degrees 30 minutes 07 seconds East, continuing |
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along the west boundary line of said Restricted Reserve "F" and the |
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southerly boundary line of the herein described tract, a distance |
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of 89.62 feet to a 5/8 inch iron rod with survey cap (Moyer) set in |
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the north line of said Crown Ranch Boulevard for the southwest |
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corner of said Restricted Reserve "F" and a southerly corner of the |
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herein described tract; |
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THENCE South 87 degrees 29 minutes 53 seconds West, along the north |
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line of said Crown Ranch Boulevard and continuing along the |
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southerly boundary line of the herein described tract, a distance |
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of 850.45 feet to a 5/8 inch iron rod with survey cap (Moyer) set for |
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the southeast corner of Lot 1, Block 7, of said Crown Ranch and a |
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southerly corner of the herein described tract; |
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THENCE North 02 degrees 30 minutes 07 seconds West, along the east |
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boundary line of said Lot 1, Block 7 and continuing along the |
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southerly boundary line of the herein described tract, a distance |
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of 405.55 feet to a 5/8 inch iron rod with survey cap (Moyer) set for |
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the northeast corner of said Lot 1, Block 7 and a southerly corner |
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of the herein described tract; |
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THENCE South 87 degrees 29 minutes 53 seconds West, along the north |
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boundary line of Lots 1 and 2, Block 7 and continuing along the |
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southerly boundary line of the herein described tract, a distance |
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of 383.12 feet to a 5/8 inch iron rod with survey cap (Moyer) set for |
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the northwest corner of said Lot 2, Block 7 and a southerly corner |
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of the herein described tract; |
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THENCE South 02 degrees 30 minutes 07 seconds East, along the west |
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boundary line of said Lot 2 and continuing along the southerly |
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boundary line of the herein described tract, a distance of 380.55 |
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feet to a 5/8 inch iron rod with survey cap (Moyer) set in the north |
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line of said Crown Ranch Boulevard for the southwest corner of said |
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Lot 2 and a southerly corner of the herein described tract; |
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THENCE South 87 degrees 29 minutes 53 seconds West, along the north |
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line of said Crown Ranch Boulevard and continuing along the |
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southerly boundary line of the herein described tract, a distance |
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of 60.00 feet to a 5/8 inch iron rod with survey cap (Moyer) set for |
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the southeast corner of Lot 1, Block 6 of said Crown Ranch and a |
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southerly corner of the herein described tract; |
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THENCE North 02 degrees 30 minutes 07 seconds West, along the east |
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boundary line of said a Lot 1, Block 6 and continuing along the |
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southerly boundary line of the herein described tract, a distance |
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of 380.55 feet to a 5/8 inch iron rod with survey cap (Moyer) set for |
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the northeast corner of said Lot 1, Block 6 and a southerly corner |
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of the herein described tract; |
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THENCE South 87 degrees 29 minutes 53 second West, along the north |
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boundary lines of Lots 1, 2, 3, 4, and 5, Block 6 of said Crown Ranch |
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Section One and continuing along the southerly boundary line of the |
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herein described tract, a distance of 865.08 feet to a 5/8 inch iron |
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rod with survey cap (Moyer) set for the northeast corner of Lot 1, |
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Block 5, of said Crown Ranch and a southerly angle point of the |
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herein described tract; |
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THENCE North 59 degrees 17 minutes 57 seconds West, along the |
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northeast boundary line of Lots 1, 2, and 3, Block 5 of said Crown |
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Ranch and along the southwesterly boundary line of the herein |
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described tract, a distance of 451.13 feet to a 5/8 inch iron rod |
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with survey cap (Moyer) set for the common corner of Lots 3 and 4, |
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Block 5 of said Crown Ranch and an angle point of the herein |
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described tract; |
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THENCE North 47 degrees 07 minutes 57 seconds West, along the |
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northeast boundary line of Lots 4 and 5, Block 5 of said Crown Ranch |
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and continuing along the southwesterly boundary line of the herein |
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described tract, a distance of 298.12 feet to a 5/8 inch iron rod |
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with survey cap (Moyer) set for the common corner of Lots 5 and 6, |
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Block 5 of said Crown Ranch and an angle point of the herein |
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described tract; |
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THENCE North 37 degrees 48 minutes 49 seconds West, along the |
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northeast boundary line of Lots 6, 7, 8, 9, and 10, Block 5, of said |
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Crown Ranch and continuing along the southwesterly boundary line of |
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the herein described tract, a distance of 901.31 feet to a 5/8 inch |
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iron rod with survey cap (Moyer) set in a curve for the north corner |
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of said Lot 10 common to a southerly corner of the herein described |
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tract; |
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THENCE in a southwesterly direction along the northwest boundary |
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line of said Lot 10 and continuing along the southwesterly boundary |
|
line of the herein described tract along a non-tangent curve to the |
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right having as its elements: a radius of 1030.00 feet, a central |
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angle of 01 degrees 09 minutes 44 seconds, an arc length of 20.90 |
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feet, and a chord bearing of South 51 degrees 36 minutes 18 seconds |
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West, a distance of 20.89 feet to a 5/8 inch iron rod with survey cap |
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(Moyer) set for the end of the curve; |
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THENCE South 52 degrees 11 minutes 11 seconds West, continuing |
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along the northwest boundary line of said Lot 10 and continuing |
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along the southwesterly boundary line of the herein described |
|
tract, a distance of 332.11 feet to a 5/8 inch iron rod with survey |
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cap (Moyer) set in the northeast line of Crown Ranch Boulevard, a 60 |
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foot private right-of-way, for the southwest corner of said Lot 10, |
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same being a southerly corner of the herein described tract; |
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THENCE North 37 degrees 48 minutes 49 seconds West, along the |
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northeast line of said Crown Ranch Boulevard and continuing along |
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the southwesterly boundary line of the herein described tract, a |
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distance of 60.00 feet to a 5/8 inch iron rod with survey cap |
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(Moyer) set for the southeast corner of Lot 1, Block 4, of said |
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Crown Ranch Section One and a southerly corner of the herein |
|
described tract; |
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THENCE North 52 degrees 11 minutes 10 seconds East, along the |
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southeast boundary line of said Lot 1 and continuing along the |
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southwesterly boundary line of the herein described tract, a |
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distance of 332.11 feet to a 5/8 inch iron rod with survey cap for |
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the beginning of a curve; |
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THENCE in a northeasterly direction continuing along the southeast |
|
boundary line of said Lot 1 and continuing along the southwesterly |
|
boundary line of the herein described tract along a curve to the |
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left having as its elements: a radius of 970.00 feet, a central |
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angle of 01 degrees 11 minutes 13 seconds, an arc length of 20.09 |
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feet, and a chord bearing of North 51 degrees 35 minutes 34 seconds |
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East, a distance of 20.09 feet to a 5/8 inch iron rod with survey cap |
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(Moyer) set for the northeast corner of said Lot 1 and a southerly |
|
corner of the herein described tract; |
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THENCE North 43 degrees 36 minutes 42 seconds West, along the |
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northeast boundary line of Lots 1, 2, and 3, Block 4 of said Crown |
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Ranch, and continuing along the southwesterly boundary line of the |
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herein described tract, a distance of 552.90 feet to a 5/8 inch iron |
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rod with survey cap (Moyer) set for an angle point; |
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THENCE North 58 degrees 26 minutes 29 seconds West, along the |
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northeast boundary line of said Lots 3, 4, 5, and 6, Block 4, of said |
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Crown Ranch and continuing along the southwesterly boundary line of |
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the herein described tract, a distance of 561.07 feet to a 5/8 inch |
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iron rod with survey cap (Moyer) set for an angle point; |
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THENCE North 73 degrees 22 minutes 49 seconds West, along the |
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northeast boundary line of Lots 6, 7, 8, and Restricted Reserve "E", |
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Block 4 of said Crown Ranch, and the southwesterly boundary line of |
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the herein described tract, a distance of 561.07 feet to a 5/8 inch |
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iron rod with survey cap (Moyer) set for an angle point; |
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THENCE North 87 degrees 16 minutes 13 seconds West, along the north |
|
boundary line of Restricted Reserve "E" and Lot 9, Block 4, of said |
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Crown Ranch and continuing along the southwesterly boundary line |
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of the herein described tract, a distance of 247.65 feet to a point |
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for the southeast corner of Restricted Reserve "G" of Crown Ranch |
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Section Three, according to the map or plat thereof recorded in |
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Cabinet Z, Sheet 1208 of the Map Records of Montgomery County, Texas |
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and a northwest corner of the herein described tract; |
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THENCE North 27 degrees 21 minutes 07 seconds East, along the east |
|
boundary line of said Restricted Reserve "G", southeast boundary |
|
line of said Lot 35 and the northwest boundary line of the herein |
|
described tract, a distance of 164.86 feet to a point for the most |
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easterly southeast corner of said Lot 35 and an interior |
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northwesterly corner of the herein described tract; |
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THENCE North 65 degrees 26 minutes 22 seconds West, along the |
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northeast boundary line of Lot 35, Block 2, of said Crown Ranch |
|
Section Three, and continuing along the northwest boundary line of |
|
the herein described tract, a distance of 188.65 feet to an angle |
|
point; |
|
THENCE North 40 degrees 41 minutes 22 seconds West, continuing |
|
along the northeast boundary line of said Lot 35 and the east |
|
boundary line of Lot 34 and 33, Block 2, of said Crown Ranch Section |
|
Three, common to the northwest boundary line of the herein |
|
described tract, a distance of |
|
443.41 feet to an angle point; |
|
THENCE North 03 degrees 49 minutes 38 seconds West, along the east |
|
boundary line of Lots 33 and 32, and Restricted Reserve "F", Block |
|
2, of said Crown Ranch Section Three and continuing along the |
|
northwest boundary line of the herein described tract, a distance |
|
of 259.25 feet to a 5/8 inch iron rod with survey cap (Moyer) set in |
|
the common boundary line of the aforesaid Blake Ranch Property and |
|
the 1936.077 acres of land for the northeast corner of Restricted |
|
Reserve "F" of said Crown Ranch Section Three, and the northwest |
|
corner of the herein described tract; |
|
THENCE North 86 degrees 10 minutes 23 seconds East, along the said |
|
common boundary line and the north boundary line of the herein |
|
described tract, a distance of 7650.14 feet to the POINT OF |
|
BEGINNING and containing 428.212 acres of land. |
|
Job No. 11014-B |
|
Job No. 10080 |
|
1929.279 Acres |
|
Joseph G. Ferguson Survey, A-227; Charles Weaver Survey, A-624; |
|
Alexander Robblis Survey, A-464; Robert Elgin Survey, A-199 |
|
Montgomery County, Texas |
|
Alexander Robblis Survey, A-400; Charles Weaver Survey, A-482; |
|
P.G. Moffitt Survey, A-330; E.T. Estis Survey, A-194 |
|
William R. Wheelis Survey, A-481 |
|
Grimes County, Texas |
|
Being 1929.279 acres of land situated in the Josepgh G. Ferguson |
|
Survey, A-227; the Charles Weaver Susrvey, A-624; the Alexander |
|
Robblis Survey, A-464; and the Robert Elgin Survey, A-199, |
|
Montgomery County, Texas, and situated in the Alexander Robblis |
|
Survey, A-400; the Charles Weaver Survey, A-482; the P.G. Moffitt |
|
Survey, A-330; and the E.T. Estis Survey, A-194, Grimes County, |
|
Texas, and being 1988.459 acres of land save and except 59.180 acres |
|
of land, said 1929.279 acres of land being more particularly |
|
described by metes and bounds as follows: |
|
BEGINNING at a 5/8 inch iron rod with survey cap set in the west line |
|
of F.M. 1486, a 110 foot right of way per Tx Dot ROW Map R-1416-3-1 |
|
February 22, 1960, for the southeast corner of Crown Ranch Section |
|
One, according to the map or plat thereof recorded in Cabinet Z, |
|
Sheets 755 thru 759 of the Map Records of Montgomery County, Texas, |
|
and the northeast corner of a certain 1,675.016 acres of land |
|
(Parcel N7395-C2) as described in deed recorded in Volume 849, Page |
|
205 of the Deed Records of Grimes County, Texas, and under County |
|
Clerk's File No. 968009 of the Real Property Records of Montgomery |
|
County, Texas, same being the northeast corner and POINT OF |
|
BEGINNING of the herein described tract; |
|
THENCE South 02 degrees 43 minutes 16 seconds East, along the west |
|
line of said F.M. 1486 and the common east boundary line of the said |
|
1,675.016 acres of land and the herein described tract, a distance |
|
of 5,114.36 feet to a 5/8 inch iron rod with survey cap (Burgess) |
|
found for the southeast corner of the herein described tract; |
|
THENCE South 87 degrees 31 minutes 55 seconds West along the common |
|
south boundary line of the said 1675.016 acres of land and the |
|
herein described tract, passing at 10,209.67 feet, a 3 inch brass |
|
disc in concrete stamped Moyer Surveying 5656 Grimes and Montgomery |
|
County Line, continuing in all a distance of 12,654.87 feet to a 5/8 |
|
inch iron rod with survey cap (Burgess) found in the east boundary |
|
line of a certain 16.0 acres of land as described in deed recorded |
|
in Volume 362, Page 558 of the Deed Records of Grimes County, Texas, |
|
for the most southerly southwest corner of the herein described |
|
tract; |
|
THENCE North 03 degrees 31 minutes 33 seconds West, along the east |
|
boundary line of the said 16.0 acres of land and continuing along |
|
the east boundary line of a certain 49.963 acres of land as |
|
described in deed recorded in Volume 324, Page 60 of the Deed |
|
Records of Grimes County, Texas, same being a southwesterly |
|
boundary line of the herein described tract, a distance of 2371.80 |
|
feet to a concrete monument found for the northeast corner of the |
|
said 49.963 acres of land and an interior southwesterly corner of |
|
the herein described tract from which a 1 inch iron pipe found for |
|
reference bears South 46 degrees 26 minutes 12 seconds East, a |
|
distance of 0.92 feet; |
|
THENCE South 86 degrees 27 minutes 11 seconds West, along the north |
|
boundary line of the said 49.963 acres of land and a northerly |
|
boundary line of a certain 193.424 acres of land as described in |
|
deed recorded in Volume 932, Page 105 of the Deed Records of Grimes |
|
County, Texas, same being a southwesterly boundary line of the |
|
herein described tract, a distance of 2219.95 feet to a 5/8 inch |
|
iron rod with survey cap (Moyer) set for an interior northwesterly |
|
corner of the said 193.424 acres of land and a southwesterly corner |
|
of the herein described tract from which a 1 inch iron pipe found |
|
for reference bears North 60 degrees 31 minutes 23 seconds East, a |
|
distance of 0.55 feet; |
|
THENCE North 03 degrees 32 minutes 32 seconds West, along a |
|
northerly boundary line of the said 193.424 acres of land and a |
|
southwesterly boundary line of the herein described tract, a |
|
distance of 1245.68 feet to a 1 inch iron pipe found for a |
|
northwesterly corner of the said 193.424 acres and an interior |
|
westerly corner of the herein described tract; |
|
THENCE South 86 degrees 51 minutes 46 seconds West, along the |
|
northwest boundary line of the said 193.424 acres of land and an |
|
interior westerly boundary line of the herein described tract, a |
|
distance of 731.85 feet to a 1 inch iron pipe found for the |
|
northwest corner of the said 193.424 acres of land from which a 1 |
|
inch iron pipe found for reference bears North 04 degrees 27 minutes |
|
04 seconds West, a distance of 34.76 feet; |
|
THENCE South 03 degrees 41 minutes 41 seconds East, along the east |
|
boundary line of a certain 261.066 acres of land as described in |
|
deed recorded in Volume 849, Page 205 of the Deed Records of Grimes |
|
County, Texas, common to the west boundary line of the said 193.424 |
|
acres of land, same being an interior westerly boundary line of the |
|
herein described tract, a distance of 2879.52 feet to a 1 inch iron |
|
pipe found for the northeast corner of a certain 49.0 acres of land |
|
as described in deed recorded in Volume 286, Page 737 of the Deed |
|
Records of Grimes County, Texas, and the southeast corner of the |
|
said 261.066 acres of land, same being a southwesterly corner of the |
|
herein described tract; |
|
THENCE South 86 degrees 10 minutes 28 seconds West, along the north |
|
boundary line of the said 49.0 acres of land and the south boundary |
|
line of the said 261.066 acres of land, same being the southwest |
|
boundary line of the herein described tract, a distance of 1531.74 |
|
feet to a 5/8 inch iron rod with survey cap (Moyer) set in the |
|
centerline of Mill Creek for the southeast corner of a certain 68.50 |
|
acres of land as described in deed recorded in Volume 625, Page 691 |
|
of the Deed Records of Grimes County, Texas, and the southwest |
|
corner of the herein described tract; |
|
THENCE in a northerly direction along the east boundary line of the |
|
said 68.50 acres of land and a southwest boundary line of the herein |
|
described tract along the centerline meanders of said Mill Creek |
|
the following courses and distances: |
|
1. North 04 deg. 01 min. 17 sec. West, a distance of 43.26 feet; |
|
2. North 01 deg. 25 min. 10 sec. West, a distance of 298.68 feet; |
|
3. North 05 deg. 22 min. 10 sec. West, a distance of 183.35 feet; |
|
4. North 18 deg. 31 min. 11 sec. West, a distance of 76.10 feet; |
|
5. North 22 deg. 46 min. 19 sec. West, a distance of 212.60 feet; |
|
6. North 23 deg. 35 min. 43 sec. West, a distance of 114.58 feet; |
|
7. North 34 deg. 17 min. 37 sec. West, a distance of 82.07 feet; |
|
8. North 22 deg. 34 min. 55 sec. West, a distance of 334.57 feet; |
|
9. North 03 deg. 41 min. 04 sec. West, a distance of 60.79 feet; |
|
10. North 58 deg. 40 min. 35 sec. West, a distance of 98.49 feet; |
|
11. North 66 deg. 35 min. 20 sec. West, a distance of 151.67 feet; |
|
12. North 87 deg. 34 min. 10 sec. West, a distance of 58.50 feet; |
|
13. North 87 deg. 53 min. 47 sec. West, a distance of 28.52 feet; |
|
14. North 78 deg. 35 min. 48 sec. West, a distance of 42.79 feet; |
|
15. North 64 deg. 57 min. 06 sec. West, a distance of 100.15 feet; |
|
16. North 58 deg. 19 min. 28 sec. West, a distance of 108.07 feet; |
|
17. North 51 deg. 08 min. 18 sec. West, a distance of 154.36 feet; |
|
18. North 56 deg. 11 min. 55 sec. West, a distance of 47.73 feet; |
|
19. North 41 deg. 02 min. 54 sec. West, a distance of 48.93 feet; |
|
20. North 26 deg. 22 min. 46 sec. West, a distance of 70.52 feet; |
|
21. North 18 deg. 55 min. 33 sec. West, a distance of 115.55 feet |
|
to a point for the northeasterly corner of the said 68.50 acres of |
|
land and an interior southwesterly corner of the herein described |
|
tract; |
|
THENCE South 87 degrees 41 minutes 36 seconds West, along the north |
|
boundary line of the said 68.50 acres of land and a southwesterly |
|
boundary line of the herein described tract, passing at 6.88 feet, a |
|
railroad tie fence post found for reference continuing in all a |
|
distance of 1661.16 feet to a 1 inch iron pipe found in the east line |
|
of F.M. 1774, a 100 foot right-of-way, for the northwest corner of a |
|
certain 2.0 acres of land as described in deed recorded in Volume |
|
583, Page 462 of the Deed Records of Grimes County, Texas, and a |
|
southwesterly corner of the herein described tract from which a 1 |
|
inch iron pipe found for reference bears South 87 degrees 45 minutes |
|
38 seconds West, a distance of 99.0 feet; |
|
THENCE North 07 degrees 15 minutes 44 seconds West, passing at 42.05 |
|
feet, a 5/8 inch iron rod found for reference continuing in all, a |
|
distance of 1324.41 feet to a 5/8 inch iron rod found for the |
|
southwest corner of a certain 100.36 acres of land and the most |
|
westerly corner of the herein described tract from which a 1 inch |
|
iron pipe found for reference bears North 86 degrees 07 minutes 28 |
|
seconds East, a distance of 13.65 feet; |
|
THENCE North 86 degrees 38 minutes 28 seconds East, along the south |
|
boundary line of the said 100.36 acres of land and a northwesterly |
|
boundary line of the herein described tract, passing at 1501.19 |
|
feet, a fence post found for reference continuing in all, a distance |
|
of 1571.95 feet to a point in the centerline of said Mill Creek for |
|
the southeast corner of the said 100.36 acres of land and an |
|
interior northeasterly corner of the herein described tract; |
|
THENCE in a northerly direction along the east boundary line of the |
|
said 100.36 acres of land and the northwesterly boundary line of the |
|
herein described tract along the centerline meanders of said Mill |
|
Creek the following courses and distances: |
|
1. North 05 deg. 22 min. 57 sec. East, a distance of 591.86 feet; |
|
2. North 06 deg. 00 min. 52 sec. West, a distance of 250.76 feet; |
|
3. North 09 deg. 54 min. 50 sec. West, a distance of 347.55 feet; |
|
4. North 29 deg. 37 min. 27 sec. West, a distance of 268.49 feet; |
|
5. North 41 deg. 51 min. 19 sec. West, a distance of 155.57 feet; |
|
6. North 36 deg. 30 min. 59 sec. West, a distance of 215.63 feet to |
|
a point for the northwest corner of the herein described tract; |
|
THENCE North 86 degrees 26 minutes 31 seconds East, along a |
|
northwesterly boundary line of the herein described tract, passing |
|
at 93.64 feet, a 1 and 1/2 inch iron pipe found for reference and the |
|
southwest corner of a certain 130 acres of land as described in deed |
|
recorded in Volume 897, Page 443 of the Deed Records of Grimes |
|
County, Texas, continuing in all a distance of 3756.33 feet to a 1 |
|
inch iron pipe found for the southeast corner of the said 130 acres |
|
of land and a northwesterly corner of the herein described tract; |
|
THENCE South 03 degrees 26 minutes 39 seconds East, along a |
|
northwesterly boundary line of the herein described tract, a |
|
distance of 617.42 feet to a 5/8 inch iron rod with survey cap set |
|
for an interior northwesterly corner of the herein described tract; |
|
THENCE North 87 degrees 31 minutes 20 seconds East, along the north |
|
boundary line of the herein described tract, passing at 4,751.81 |
|
feet, a brass disc in concrete stamped Moyer Surveying 5656 Grimes |
|
and Montgomery County Line and set for the southeast corner of Crown |
|
Ranch Section Two, a corrected plat according to the map or plat |
|
thereof recorded in Volume 1221, Page 315 of the Map Records of |
|
Grimes County, Texas, and the southwest corner of Crown Ranch |
|
Section One-A Amending Plat No. 1, according to the map or plat |
|
thereof recorded in Cabinet Z, Sheet 762 of the Map Records of |
|
Montgomery County, Texas, continuing in all a distance of 14,947.98 |
|
feet to the POINT OF BEGINNING and containing 1,988.459 acres of |
|
land; |
|
SAVE AND EXCEPT a certain 59.180 acres of land described in deed as |
|
60 acres recorded in Volume 156, Page 217 of the Deed Records of |
|
Grimes County, Texas, said 59.180 acres being more particularly |
|
described by metes and bounds as follows: |
|
COMMENCING at a 1 inch iron pipe found for the northwest corner of |
|
the aforesaid 193.424 acres of land; |
|
THENCE North 04 degrees 27 minutes 04 seconds West, a distance of |
|
34.76 feet to a 1 inch iron pipe found for refernce; |
|
TEHNCE South 87 degrees 49 minutes 37 seconds West, a distance of |
|
72.03 feet to a 1 and 1/4 inch iron pipe found for the southeast |
|
corner and POINT OF BEGINNING of the herein described tract; |
|
THENCE South 87 degrees 21 minutes 15 seconds West, along the south |
|
boundary line of the herein described tract, a distance of 1352.68 |
|
feet to a 1 inch iron pipe found for the southwest corner of the |
|
herein described tract; |
|
THENCE North 02 degrees 43 minutes 52 seconds West, along the west |
|
boundary line of the herein described tract, a distance of 1868.58 |
|
feet to a 1 and 1/4 inch iron pipe found for the northwest corner of |
|
the herein described tract; |
|
THENCE North 87 degrees 17 minutes 50 seconds East, along the north |
|
boundary line of the herein described tract, a distance of 1451.45 |
|
feet to a concrete monument (disturbed ) for the northeast corner of |
|
the herein described tract; |
|
THECNE South 02 degrees 33 minutes 59 seconds East, along the east |
|
boundary line of the herein described tract, a distance of 486.58 |
|
feet to a concrete monument (broken) found for a northeasterly |
|
corner of the herein described tract; |
|
THENCE South 86 degrees 05 minutes 18 seconds West, along |
|
continuing along the east boundary line of the herein described |
|
tract, a distance of 95.11 feet to a concrete monument found for an |
|
interior northeasterly corner of the herein described tract; |
|
THENCE South 02 degrees 38 minutes 11 seconds East, continuing |
|
along the east boundary line of the herein described tract, a |
|
distance of 1381.34 feet to the POINT OF BEGINNING and containing |
|
59.180 acres of land. |
|
SECTION 3. (a) The legal notice of the intention to |
|
introduce this Act, setting forth the general substance of this |
|
Act, has been published as provided by law, and the notice and a |
|
copy of this Act have been furnished to all persons, agencies, |
|
officials, or entities to which they are required to be furnished |
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
Government Code. |
|
(b) The governor, one of the required recipients, has |
|
submitted the notice and Act to the Texas Commission on |
|
Environmental Quality. |
|
(c) The Texas Commission on Environmental Quality has filed |
|
its recommendations relating to this Act with the governor, the |
|
lieutenant governor, and the speaker of the house of |
|
representatives within the required time. |
|
(d) All requirements of the constitution and laws of this |
|
state and the rules and procedures of the legislature with respect |
|
to the notice, introduction, and passage of this Act are fulfilled |
|
and accomplished. |
|
SECTION 4. (a) If this Act does not receive a two-thirds |
|
vote of all the members elected to each house, Subchapter C, Chapter |
|
7906, Special District Local Laws Code, as added by Section 1 of |
|
this Act, is amended by adding Section 7906.107 to read as follows: |
|
Sec. 7906.107. 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 September 1, 2015. |