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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the River Ranch Municipal Utility |
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District of Liberty County; granting a limited power of eminent |
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domain; providing authority to issue bonds; providing authority to |
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impose assessments, fees, or taxes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 7991 to read as follows: |
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CHAPTER 7991. RIVER RANCH MUNICIPAL UTILITY DISTRICT OF LIBERTY |
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COUNTY |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 7991.001. 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 River Ranch Municipal Utility |
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District of Liberty County. |
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Sec. 7991.002. 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. 7991.003. 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. 7991.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 7991.003 |
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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. 7991.005. 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, or improvement of |
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macadamized, graveled, or paved roads or improvements, including |
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storm drainage, in aid of those roads. |
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Sec. 7991.006. 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. 7991.051. 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 7991.052, directors serve |
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staggered four-year terms. |
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Sec. 7991.052. TEMPORARY DIRECTORS. (a) The temporary |
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board consists of: |
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(1) _________________; |
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(2) _________________; |
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(3) _________________; |
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(4) _________________; and |
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(5) _________________. |
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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 7991.003; or |
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(2) September 1, 2021. |
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(c) If permanent directors have not been elected under |
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Section 7991.003 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 7991.003; 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. 7991.101. 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. 7991.102. 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. 7991.103. 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, and convey |
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to this state, a county, or a municipality for operation and |
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maintenance macadamized, graveled, or paved roads or improvements, |
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including storm drainage, in aid of those roads. |
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Sec. 7991.104. 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. 7991.105. 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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Sec. 7991.106. DIVISION OF DISTRICT. (a) The district may |
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be divided into two or more new districts only if: |
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(1) the district has no outstanding bonded debt; |
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(2) the district is not imposing ad valorem taxes; and |
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(3) the requirements of Subsection (k) have been met. |
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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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7991.003 to confirm the creation of the district. |
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(f) An order dividing the district shall: |
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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 7991.003. |
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(i) 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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(j) 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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(k) If the district is located wholly or partly in the |
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corporate limits or the extraterritorial jurisdiction of a |
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municipality, the district may not divide under this section unless |
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the municipality by resolution or ordinance consents to the |
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division of the district. If the district is not located wholly or |
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partly in the corporate limits or extraterritorial jurisdiction of |
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a municipality, the district may not divide under this section |
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unless the commissioners court of each county in which the district |
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is wholly or partly located adopts a resolution or order consenting |
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to the division of the district. |
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Sec. 7991.107. LIMITATION ON USE OF EMINENT DOMAIN. The |
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district may not exercise the power of eminent domain outside the |
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district to acquire a site or easement for: |
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(1) a road project authorized by Section 7991.103; or |
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(2) a recreational facility as defined by Section |
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49.462, Water Code. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 7991.151. 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 revenue other than ad valorem taxes. |
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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. 7991.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 7991.151, 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. 7991.153. 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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Sec. 7991.154. WATER AND SEWER RATES. Notwithstanding any |
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other law, the district shall establish the same rates for |
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residential and commercial classes of customers for the provision |
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of water and sewer services. For purposes of this section, the |
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commercial class may not include apartment complexes or other |
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multifamily dwellings. |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 7991.201. 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. 7991.202. 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. 7991.203. 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 River Ranch Municipal Utility District of |
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Liberty County initially includes all the territory contained in |
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the following area: |
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Tract 1: |
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Being 6980.694 acres of land situated in the William |
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Bloodgood Survey, Abstract 3, the William D. Smith Survey, Abstract |
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106, the H. E. & W. RR. Number 1131 Survey, Abstract 515, the |
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William E. Kierstead Survey, Abstract 693, the George Pace Survey, |
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Abstract 805, the Louis Davis Survey, Abstract 18, the A. P. |
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Blackwell Survey, Abstract 782, the Robert Wiseman Survey, Abstract |
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392, and the T. & N. O. RR. Survey, Abstract 383, in Liberty County, |
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Texas, and being the residue of that called 7449.781 acres of land |
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as recorded in Liberty County Clerk's File Number 2009008952 and |
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being more particularly described by metes and bounds as follows; |
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BEGINNING, at a found five eighths inch iron rod, marking the |
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most northwesterly corner of said called 7450.588 acre tract, the |
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southwesterly corner of a called 17.56 acre tract as recorded in |
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Liberty County Clerk's File Number 2006012623 and in the east line |
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of State Highway 146 (width varies). Said BEGINNING point having a |
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Texas State Plane Coordinate System, Central Zone (4204) Value of |
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Y= 9,997,553.25 and X= 4,013,812.92 (GRID); |
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1. THENCE, North 58 degrees 04 minutes 55 seconds East, |
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along the most northerly line of said called 7450.588 acre tract and |
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the south line of said called 17.56 acre tract, for a distance of |
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2,611.49 feet (called 2,601.00 feet), to a found one half inch iron |
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rod (disturbed) for an angle point; |
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2. THENCE, North 87 degrees 23 minutes 42 seconds East, |
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continuing along the northerly line of said called 7450.588 acre |
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tract and the south line of said called 17.56 acre tract, for a |
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distance of 74.68 feet (called 74.54 feet) to a found one half inch |
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iron rod (disturbed) for an interior corner; |
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3. THENCE, North 02 degrees 41 minutes 57 seconds West, |
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along an interior corner of said called 7450.588 acre tract, for a |
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distance of 139.09 feet (called 138.89 feet), to a found one half |
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inch iron rod, marking an exterior corner of said called 7450.58 |
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acre tract; |
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4. THENCE, North 87 degrees 27 minutes 21 seconds East, |
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along an exterior line of said called 7450.588 acre tract, a |
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distance of 1038.04 feet to a found two inch iron pipe (disturbed); |
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5. THENCE, North 87 degrees 20 minutes 53 seconds East |
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continuing along an exterior line of said called 7450.588 acre |
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tract a distance of 6578.98 feet to a found two inch iron pipe; |
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6. THENCE, South 02 degrees 39 minutes 21 seconds East |
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continuing along an exterior line of said called 7450.588 acre |
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tract a distance of 139.61 feet to a found two inch iron pipe; |
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7. THENCE, North 87 degrees 16 minutes 21 seconds East |
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continuing along an exterior line of said called 7450.588 acre |
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tract a distance of 7238.81 feet to a found two inch iron pipe in the |
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westerly right-of-way line of Liberty County Road Number 455; |
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8. THENCE, South 15 degrees 26 minutes 45 seconds East along |
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said westerly right-of-way line of Liberty County Road Number 455, |
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a distance of 1458.52 feet to a found two inch iron pipe; |
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9. THENCE, North 86 degrees 22 minutes 33 seconds East a |
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distance of 61.66 feet to a found one half inch iron rod with |
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cap 'BHA' marking the north west corner of a called 2.67 acres as |
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recorded in Liberty County Clerks (LCCFN) 2012007988; |
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10. THENCE, South 15 degrees 08 minutes 32 seconds East |
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along the west line of said called 2.67 acres, a distance of 770.50 |
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feet to an angle point; |
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11. THENCE, South 00 degrees 46 minutes 36 seconds West a |
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distance of 349.09 feet to a found one and one half inch iron pipe |
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marking the northeast corner of a called 4.113 acres LCCFN |
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20108323; |
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12. THENCE, North 89 degrees 38 minutes 50 seconds West |
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along the northerly line of said a called 4.113 acres, a distance of |
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631.10 feet to a found one half inch iron rod with cap '5068'; |
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13. THENCE, South 03 degrees 14 minutes 43 seconds East |
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along the westerly line of said a called 4.113 acres, a distance of |
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238.21 feet to a found one and one half inch iron pipe; |
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14. THENCE, South 77 degrees 57 minutes 13 seconds East |
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along the southerly line of said a called 4.113 acres a distance of |
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100.90 feet to the northerly line of called Possible Conflict Area |
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in LCCFN 20078486; |
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15. THENCE, South 87 degrees 10 minutes 33 seconds West |
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along the northerly line of called Possible Conflict Area, a |
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distance of 1866.59 feet to a found one and one half inch iron pipe |
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(destroyed); |
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16. THENCE, South 03 degrees 22 minutes 15 seconds East |
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along the westerly line of called Possible Conflict Area, a |
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distance of 103.25 feet to a 'Boat Spike in Concrete' marking the |
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fenced northerly of Hilton tract as recorded at LCCFN 20078486; |
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17. THENCE, South 02 degrees 53 minutes 32 seconds East |
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along the said Hilton tract, a distance of 3361.75 feet to a found |
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one and one half inch rod being in the north line of 1454.19 acre |
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tract described in Volume 1307, Page 88 of the Deed Records of |
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Liberty County (DRLC); |
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18. THENCE, South 87 degrees 17 minutes 29 seconds West |
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along the north line of said 1454.19 acre tract a distance of 463.43 |
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feet to a found one and one half inch rod; |
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19. THENCE, South 03 degrees 53 minutes 48 seconds East |
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along the west line of said 1454.19 acre tract, and the west line of |
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that certain called 473.221 acre tract described in Volume 1933, |
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Page 384 DRLC, a distance of 11,157.52 feet to found two inch iron |
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pipe marking the southwest corner of said 473.221 acre tract; |
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20. THENCE, North 85 degrees 18 minutes 55 seconds East |
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along the south line of said 473.221 acre tract, a distance of |
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1570.06 feet to found two and one half inch iron pipe; |
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21. THENCE, North 85 degrees 03 minutes 56 seconds East |
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continuing along said south line of said 473.221 acre tract, a |
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distance of 1730.86 feet to a found five eighths inch iron rod in |
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northwesterly right-of-way line of the Coastal Industrial Water |
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Authority Canal; |
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THENCE along and with said Coastal Industrial Water Authority |
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Canal right-of-way, the following six (6) courses: |
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1) THENCE, along a curve to the right 232.37 feet along, |
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said curve having a radius of 727.99 feet said curve having a chord |
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direction of South 33 degrees 18 minutes 41 seconds West and a chord |
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length of 231.39 feet; |
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2) THENCE, South 43 degrees 29 minutes 55 seconds West a |
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distance of 879.49 feet to an angle point; |
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3) THENCE, South 43 degrees 21 minutes 34 seconds West a |
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distance of 717.39 feet to an angle point; |
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4) THENCE, South 42 degrees 47 minutes 05 seconds West a |
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distance of 6748.74 feet to a found five eighths inch iron rod; |
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5) THENCE, South 68 degrees 32 minutes 55 seconds West a |
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distance of 388.20 feet to a found five eighths inch iron rod; |
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6) THENCE, South 01 degrees 29 minutes 02 seconds East a |
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distance of 117.76 feet to the centerline of Old River; |
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THENCE along and with said centerline of Old River, same |
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being said Wiseman Survey westerly line and said Welch Survey |
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easterly line, the following sixty-five (65) courses: |
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1) THENCE, South 58 degrees 09 minutes 08 seconds West a |
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distance of 15.75 feet to an angle point; |
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2) THENCE, North 64 degrees 44 minutes 18 seconds West a |
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distance of 91.26 feet to an angle point; |
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3) THENCE, North 32 degrees 00 minutes 26 seconds West a |
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distance of 136.24 feet to an angle point; |
|
4) THENCE, South 66 degrees 19 minutes 52 seconds West a |
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distance of 64.65 feet to an angle point; |
|
5) THENCE, North 43 degrees 26 minutes 23 seconds West a |
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distance of 46.30 feet to an angle point; |
|
6) THENCE, North 29 degrees 49 minutes 53 seconds West a |
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distance of 59.08 feet to an angle point; |
|
7) THENCE, North 06 degrees 18 minutes 15 seconds East a |
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distance of 37.01 feet to an angle point; |
|
8) THENCE, North 23 degrees 39 minutes 11 seconds East a |
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distance of 52.62 feet to an angle point; |
|
9) THENCE, North 31 degrees 33 minutes 27 seconds East a |
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distance of 77.59 feet to an angle point; |
|
10) THENCE, North 13 degrees 09 minutes 50 seconds East a |
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distance of 87.73 feet to an angle point; |
|
11) THENCE, North 20 degrees 07 minutes 22 seconds West a |
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distance of 11.17 feet to an angle point; |
|
12) THENCE, North 59 degrees 01 minutes 35 seconds West a |
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distance of 62.45 feet to an angle point; |
|
13) THENCE, North 46 degrees 03 minutes 11 seconds West a |
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distance of 30.31 feet to an angle point; |
|
14) THENCE, North 14 degrees 26 minutes 18 seconds East a |
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distance of 104.09 feet to an angle point; |
|
15) THENCE, North 27 degrees 55 minutes 38 seconds West a |
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distance of 38.19 feet to an angle point; |
|
16) THENCE, North 36 degrees 17 minutes 37 seconds West a |
|
distance of 60.70 feet to an angle point; |
|
17) THENCE, North 35 degrees 26 minutes 18 seconds East a |
|
distance of 23.80 feet to an angle point; |
|
18) THENCE, North 69 degrees 01 minutes 02 seconds East a |
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distance of 165.04 feet to an angle point; |
|
19) THENCE, North 43 degrees 19 minutes 31 seconds East a |
|
distance of 21.99 feet to an angle point; |
|
20) THENCE, North 16 degrees 10 minutes 24 seconds East a |
|
distance of 46.70 feet to an angle point; |
|
21) THENCE, North 17 degrees 01 minutes 36 seconds West a |
|
distance of 86.60 feet to an angle point; |
|
22) THENCE, North 08 degrees 32 minutes 02 seconds West a |
|
distance of 87.59 feet to an angle point; |
|
23) THENCE, North 10 degrees 49 minutes 06 seconds East a |
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distance of 19.61 feet to an angle point; |
|
24) THENCE, North 69 degrees 03 minutes 33 seconds East a |
|
distance of 16.49 feet to an angle point; |
|
25) THENCE, South 63 degrees 21 minutes 41 seconds East a |
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distance of 123.98 feet to an angle point; |
|
26) THENCE, North 84 degrees 00 minutes 08 seconds East a |
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distance of 46.55 feet to an angle point; |
|
27) THENCE, North 25 degrees 09 minutes 01 seconds East a |
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distance of 20.14 feet to an angle point; |
|
28) THENCE, North 15 degrees 23 minutes 39 seconds East a |
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distance of 22.11 feet to an angle point; |
|
29) THENCE, North 66 degrees 13 minutes 45 seconds East a |
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distance of 41.01 feet to an angle point; |
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30) THENCE, North 84 degrees 10 minutes 10 seconds East a |
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distance of 43.69 feet to an angle point; |
|
31) THENCE, South 68 degrees 10 minutes 57 seconds East a |
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distance of 121.53 feet to an angle point; |
|
32) THENCE, North 84 degrees 58 minutes 51 seconds East a |
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distance of 22.29 feet to an angle point; |
|
33) THENCE, North 63 degrees 25 minutes 30 seconds East a |
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distance of 23.15 feet to an angle point; |
|
34) THENCE, North 07 degrees 58 minutes 23 seconds East a |
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distance of 38.31 feet to an angle point; |
|
35) THENCE, North 02 degrees 03 minutes 41 seconds East a |
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distance of 53.18 feet to an angle point; |
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36) THENCE, North 32 degrees 30 minutes 05 seconds East a |
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distance of 130.71 feet to an angle point; |
|
37) THENCE, North 47 degrees 36 minutes 35 seconds East a |
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distance of 110.53 feet to an angle point; |
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38) THENCE, North 04 degrees 43 minutes 59 seconds West a |
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distance of 30.78 feet to an angle point; |
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39) THENCE, North 33 degrees 31 minutes 55 seconds West a |
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distance of 26.08 feet to an angle point; |
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40) THENCE, North 39 degrees 08 minutes 01 seconds West a |
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distance of 66.79 feet to an angle point; |
|
41) THENCE, North 22 degrees 19 minutes 44 seconds East a |
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distance of 38.56 feet to an angle point; |
|
42) THENCE, North 54 degrees 43 minutes 58 seconds East a |
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distance of 38.32 feet to an angle point; |
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43) THENCE, South 65 degrees 09 minutes 17 seconds East a |
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distance of 103.31 feet to an angle point; |
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44) THENCE, North 28 degrees 04 minutes 20 seconds East a |
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distance of 37.48 feet to an angle point; |
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45) THENCE, North 08 degrees 48 minutes 54 seconds East a |
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distance of 114.60 feet to an angle point; |
|
46) THENCE, North 21 degrees 43 minutes 04 seconds East a |
|
distance of 107.20 feet to an angle point; |
|
47) THENCE, North 55 degrees 52 minutes 47 seconds West a |
|
distance of 19.09 feet to an angle point; |
|
48) THENCE, North 80 degrees 47 minutes 51 seconds West a |
|
distance of 84.42 feet to an angle point; |
|
49) THENCE, South 70 degrees 45 minutes 49 seconds West a |
|
distance of 98.65 feet to an angle point; |
|
50) THENCE, North 08 degrees 27 minutes 34 seconds West a |
|
distance of 74.91 feet to an angle point; |
|
51) THENCE, North 42 degrees 34 minutes 37 seconds West a |
|
distance of 55.08 feet to an angle point; |
|
52) THENCE, North 03 degrees 20 minutes 32 seconds West a |
|
distance of 134.32 feet to an angle point; |
|
53) THENCE, North 10 degrees 41 minutes 17 seconds West a |
|
distance of 227.57 feet to an angle point; |
|
54) THENCE, North 60 degrees 20 minutes 56 seconds East a |
|
distance of 77.08 feet to an angle point; |
|
55) THENCE, North 44 degrees 11 minutes 48 seconds East a |
|
distance of 40.40 feet to an angle point; |
|
56) THENCE, North 26 degrees 03 minutes 04 seconds West a |
|
distance of 73.67 feet to an angle point; |
|
57) THENCE, North 24 degrees 08 minutes 47 seconds East a |
|
distance of 73.80 feet to an angle point; |
|
58) THENCE, North 36 degrees 57 minutes 07 seconds East a |
|
distance of 178.12 feet to an angle point; |
|
59) THENCE, North 16 degrees 05 minutes 57 seconds West a |
|
distance of 84.97 feet to an angle point; |
|
60) THENCE, North 01 degrees 11 minutes 32 seconds East a |
|
distance of 125.69 feet to an angle point; |
|
61) THENCE, North 83 degrees 06 minutes 00 seconds East a |
|
distance of 28.45 feet to an angle point; |
|
62) THENCE, North 04 degrees 15 minutes 12 seconds West a |
|
distance of 338.20 feet to an angle point; |
|
63) THENCE, North 16 degrees 11 minutes 51 seconds West a |
|
distance of 34.92 feet to an angle point; |
|
64) THENCE, North 73 degrees 51 minutes 47 seconds West a |
|
distance of 50.61 feet to an angle point; |
|
65) THENCE, South 87 degrees 32 minutes 41 seconds West a |
|
distance of 68.54 feet to the most southerly corner of that certain |
|
called 22.50 acre tract described in Volume 1619, page 569 of the |
|
DRLC; |
|
22. THENCE, North 57 degrees 02 minutes 30 seconds East |
|
along and with the southeast line of said 22.50 acre tract, same |
|
being the northwest line of said 77.50 acre tract, a distance of |
|
2451.67 feet to east corner of said 22.50 acre tract; |
|
23. THENCE, North 32 degrees 57 minutes 30 seconds West |
|
along and with said 22.50 acre tract, a distance of 419.64 feet to a |
|
found five eighths inch iron rod marking the north corner of said |
|
22.50 tract; |
|
24. THENCE, South 57 degrees 02 minutes 30 seconds West a |
|
distance of 5846.47 feet to the southeast corner of a called |
|
68.1917 acre tract recorded at LCCFN 2012016189; |
|
25. THENCE, North 07 degrees 59 minutes 54 seconds West |
|
along the east line of said called 68.1917 acre tract, a distance of |
|
2939.15 feet to the most northerly corner of said called 68.1917 |
|
acre tract; |
|
26. THENCE, South 19 degrees 28 minutes 46 seconds West |
|
along the westerly line of said called 68.1917 acre tract, a |
|
distance of 4375.10 feet to original southerly line of said called |
|
7449.781 acre tract; |
|
27. THENCE, South 57 degrees 02 minutes 30 seconds West |
|
along said original southerly line of said called 7449.781 acre |
|
tract a distance of 761.40 feet to the southeast corner of a called |
|
326.1099 acre tract recorded at LCCFN 2012016189; |
|
28. THENCE, North 19 degrees 32 minutes 39 seconds East |
|
along the easterly line of said called 326.1099 acre tract, a |
|
distance of 5781.38 feet to the most northeasterly corner of said |
|
called 326.1099 acre tract; |
|
29. THENCE, South 56 degrees 18 minutes 06 seconds West |
|
along the northerly line of said called 326.1099 acre tract, a |
|
distance of 620.57 feet to an angle point; |
|
30. THENCE, South 57 degrees 47 minutes 53 seconds West |
|
continuing along the northerly line of said called 326.1099 acre |
|
tract, a distance of 877.05 feet to an angle point; |
|
31. THENCE, South 58 degrees 40 minutes 55 seconds West |
|
continuing along the northerly line of said called 326.1099 acre |
|
tract, a distance of 161.92 feet to an angle point; |
|
32. THENCE, South 68 degrees 29 minutes 27 seconds West |
|
continuing along the northerly line of said called 326.1099 acre |
|
tract, a distance of 151.09 feet to an angle point; |
|
33. THENCE, South 59 degrees 21 minutes 25 seconds West |
|
continuing along the northerly line of said called 326.1099 acre |
|
tract, a distance of 156.26 feet to an angle point; |
|
34. THENCE, South 56 degrees 32 minutes 08 seconds West |
|
continuing along the northerly line of said called 326.1099 acre |
|
tract, a distance of 661.70 feet to an angle point; |
|
35. THENCE, South 57 degrees 20 minutes 35 seconds West |
|
continuing along the northerly line of said called 326.1099 acre |
|
tract, a distance of 811.26 feet to an angle point; |
|
36. THENCE, South 57 degrees 06 minutes 11 seconds West |
|
continuing along the northerly line of said called 326.1099 acre |
|
tract, a distance of 1865.19 feet to the most westerly northwest |
|
corner of said called 326.1099 acre tract to an angle point; |
|
37. THENCE, South 56 degrees 57 minutes 10 seconds West a |
|
distance of 1138.04 feet most westerly northwest corner of said |
|
called 326.1099 acre tract; |
|
38. THENCE, South 33 degrees 26 minutes 01 seconds East a |
|
distance of 448.40 feet to an angle point; |
|
39. THENCE, South 56 degrees 52 minutes 59 seconds West a |
|
distance of 1149.47 feet to east right-of-way line of State Highway |
|
Number 146; |
|
THENCE, along and with said east right-of-way line of State |
|
Highway Number 146, the following nine (9) courses: |
|
1) THENCE, North 11 degrees 10 minutes 42 seconds West, a |
|
distance of 10,070.99 feet to the point of curvature of a curve to |
|
the right; |
|
2) THENCE, an arc distance of 1299.69 feet along a curve to |
|
the right, said curve having a radius of 22803.32 feet and a chord |
|
direction and distance of North 09 degrees 32 minutes 43 seconds |
|
West 1299.51 feet; |
|
3) THENCE, North 07 degrees 54 minutes 46 seconds West a |
|
distance of 2290.52 feet to the point of curvature of a curve to the |
|
left; |
|
4) THENCE, an arc distance of along a curve to the left |
|
572.98 feet along a curve to the left, said curve having a radius of |
|
10845.02 feet said and a chord direction and distance of North 09 |
|
degrees 25 minutes 34 seconds West 572.91 feet; |
|
5) THENCE, North 08 degrees 17 minutes 04 seconds West a |
|
distance of 284.82 feet to an angle point; |
|
6) THENCE, North 10 degrees 03 minutes 11 seconds West a |
|
distance of 460.87 feet to an angle point; |
|
7) THENCE, South 81 degrees 41 minutes 08 seconds West a |
|
distance of 19.97 feet to an angle point; |
|
8) THENCE, North 07 degrees 54 minutes 45 seconds West, a |
|
distance of 5,737.42 feet to a set five eighths inch iron rod with |
|
cap stamped "CCI", being the beginning of a curve to the right; |
|
9) THENCE, an arc distance of 361.93 feet along said curve |
|
to the right, said curve having a radius of 7630.00 feet and a chord |
|
direction and distance of North 06 degrees 33 minutes 13 seconds |
|
West 361.90 feet, to the POINT OF BEGINNING; |
|
Tract 2: |
|
Being 482.649 acres of land out of a called 1454.19 acres, |
|
more or less, in and out of that certain "called" 1517 acres, in the |
|
John A. Williams League, Abstract Number 119, Liberty County, |
|
Texas, being more particularly, described as follows: |
|
BEGINNING at a found one inch pinch toped pipe located in the |
|
south line of said called 1454.19 acre tract and the north line of |
|
West Lake Subdivision as recorded in volume 6, page 59 of Liberty |
|
County Map Records (LCDR) also being in the easterly right of way of |
|
FM 1409 (Parcel A, volume 666. page.005 Liberty County Deed Record) |
|
1. THENCE, North 00 degrees 14 minutes 16 seconds East a |
|
distance of 39.39 feet along easterly right of way of FM 1409 to a |
|
set five eights inch iron with yellow plastic cap stamped 'CCI'; |
|
2. THENCE, North 40 degrees 17 minutes 58 seconds East a |
|
distance of 75.55 feet continuing along easterly right of way of FM |
|
1409 to a found three quarters inch iron rod; |
|
3. THENCE, North 39 degrees 56 minutes 18 seconds East a |
|
distance of 122.65 feet to a to a found five eighths inch iron rod; |
|
4. THENCE, North 65 degrees 30 minutes 01 seconds East a |
|
distance of 156.58 feet to a to a found five eighths inch iron rod; |
|
5. THENCE, along a curve to the right an arc distance of |
|
400.94 feet, said curve having a radius of 724.00 feet and a chord |
|
bearing and distance of North 81 degrees 24 minutes 58 seconds East, |
|
395.83 feet to a found five eighths inch iron rod for a point of |
|
reverse curve; |
|
6. THENCE, along a curve to the left an arc distance of |
|
1190.99 feet said curve having a radius of 1076.00 feet and a chord |
|
bearing and distance of North 65 degrees 34 minutes 17 seconds East, |
|
1131.11 feet to a found five eighths inch iron rod for a point of |
|
reverse curve; |
|
7. THENCE, along a curve to the right an arc distance of |
|
398.88 feet along said curve having a radius of 724.00 feet and a |
|
chord bearing and distance of North 50 degrees 04 minutes 49 seconds |
|
East, 393.86 feet to a found five eighths inch iron rod; |
|
8. THENCE, North 65 degrees 47 minutes 48 seconds East a |
|
distance of 1993.97 feet to a found three quater inch iron rod; |
|
9. THENCE, North 65 degrees 33 minutes 44 seconds East a |
|
distance of 3609.67 feet to a a found one half inch iron rod; |
|
10. THENCE, South 83 degrees 28 minutes 16 seconds East a |
|
distance of 256.60 feet to a set five eights inch iron with yellow |
|
plastic cap stamped 'CCI'; |
|
11. THENCE, North 30 degrees 28 minutes 01 seconds East a |
|
distance of 302.84 feet to a set five eights inch iron with yellow |
|
plastic cap stamped 'CCI'; |
|
12. THENCE, North 65 degrees 34 minutes 06 seconds East a |
|
distance of 1496.19 feet to a set five eights inch iron with yellow |
|
plastic cap stamped 'CCI'; |
|
13. THENCE, North 85 degrees 54 minutes 44 seconds East a |
|
distance of 1848.04 feet to the Trinity river (as established from |
|
FEMA LIDAR 2008); |
|
Thence with the next 31 calls along the said Trinity River: |
|
1) THENCE, South 49 degrees 13 minutes 20 seconds East a |
|
distance of 81.95 feet to an angle point; |
|
2) THENCE, South 30 degrees 29 minutes 20 seconds East a |
|
distance of 118.05 feet to an angle point; |
|
3) THENCE, South 25 degrees 40 minutes 37 seconds East a |
|
distance of 54.85 feet to an angle point; |
|
4) THENCE, South 34 degrees 34 minutes 38 seconds East a |
|
distance of 408.75 feet to an angle point; |
|
5) THENCE, South 24 degrees 58 minutes 08 seconds East a |
|
distance of 137.38 feet to an angle point; |
|
6) THENCE, South 47 degrees 58 minutes 53 seconds East a |
|
distance of 129.25 feet to an angle point; |
|
7) THENCE, South 29 degrees 24 minutes 08 seconds East a |
|
distance of 532.54 feet to an angle point; |
|
8) THENCE, South 24 degrees 11 minutes 36 seconds East a |
|
distance of 215.75 feet to an angle point; |
|
9) THENCE, South 12 degrees 27 minutes 16 seconds East a |
|
distance of 317.40 feet to an angle point; |
|
10) THENCE, South 01 degrees 28 minutes 30 seconds East a |
|
distance of 221.59 feet to an angle point; |
|
11) THENCE, South 06 degrees 50 minutes 57 seconds West a |
|
distance of 342.80 feet to an angle point; |
|
12) THENCE, South 23 degrees 42 minutes 49 seconds West a |
|
distance of 222.21 feet to an angle point; |
|
13) THENCE, South 49 degrees 05 minutes 08 seconds West a |
|
distance of 264.20 feet to an angle point; |
|
14) THENCE, South 81 degrees 00 minutes 10 seconds West a |
|
distance of 231.01 feet to an angle point; |
|
15) THENCE, North 75 degrees 34 minutes 45 seconds West a |
|
distance of 206.14 feet to an angle point; |
|
16) THENCE, North 34 degrees 06 minutes 23 seconds West a |
|
distance of 362.83 feet to an angle point; |
|
17) THENCE, North 22 degrees 44 minutes 47 seconds West a |
|
distance of 727.81 feet to an angle point; |
|
18) THENCE, North 04 degrees 42 minutes 21 seconds West a |
|
distance of 156.44 feet to an angle point; |
|
19) THENCE, North 18 degrees 42 minutes 42 seconds West a |
|
distance of 155.58 feet to an angle point; |
|
20) THENCE, North 50 degrees 23 minutes 34 seconds West a |
|
distance of 105.51 feet to an angle point; |
|
21) THENCE, North 85 degrees 14 minutes 11 seconds West a |
|
distance of 160.27 feet to an angle point; |
|
22) THENCE, North 64 degrees 39 minutes 14 seconds West a |
|
distance of 119.93 feet to an angle point; |
|
23) THENCE, North 84 degrees 55 minutes 13 seconds West a |
|
distance of 171.80 feet to an angle point; |
|
24) THENCE, South 70 degrees 55 minutes 51 seconds West a |
|
distance of 162.96 feet to an angle point; |
|
25) THENCE, South 44 degrees 12 minutes 15 seconds West a |
|
distance of 193.63 feet to an angle point; |
|
26) THENCE, South 26 degrees 05 minutes 20 seconds West a |
|
distance of 306.98 feet to an angle point; |
|
27) THENCE, South 05 degrees 16 minutes 39 seconds West a |
|
distance of 475.47 feet to a Point; |
|
28) THENCE, South 03 degrees 45 minutes 10 seconds West a |
|
distance of 944.18 feet to an angle point; |
|
29) THENCE, South 12 degrees 02 minutes 33 seconds East a |
|
distance of 218.72 feet to an angle point; |
|
30) THENCE, South 11 degrees 01 minutes 24 seconds West a |
|
distance of 74.58 feet to an angle point; |
|
31) THENCE, South 05 degrees 24 minutes 53 seconds East a |
|
distance of 189.89 feet to a point in the south line said called |
|
1454.19 acre tract and the north line of East Spring Creek |
|
Subdivision as recorded in volume 2, page 334 LCMR and replat volume |
|
8, page 86 LCMR; |
|
14. THENCE, South 85 degrees 26 minutes 56 seconds West |
|
along the said south line said called 1454.19 acre tract and the |
|
north line of said East Spring Creek Subdivision as recorded in |
|
volume 2, page 334 LCMR, said re-plat East Spring Creek Subdivision |
|
volume 8, page 86 LCMR and West Lake Subdivision, a distance of |
|
9391.82 feet to the POINT OF BEGINNING; |
|
Tract 3: |
|
N 1/2 Lot 1, Sec C, West Lake Addition, A-119 |
|
The North One-half (N-1/2) of Lot One (1), Section "C" of the |
|
West Lake Addision in the John A. Williams Survey, Abstract, 119, |
|
as recorded in Volume 6, Pages 58-59 and Volume 8, Pages 22-23 of |
|
the Map Records of Liberty County, Texas, SAVE AND EXCEPT A 0.11 |
|
acre tract as described in that certain Warranty Deed from C. T. |
|
Staples, et ux to Coastal Industrial Water Authority in Volume 637, |
|
Page 262 of the Deed Records of Liberty County, Texas. As Follows: |
|
BEGINNING at a 1-1/4" iron pipe at the Northwest corner of Lot |
|
No. 1 referred to above, said pipe also being in the East |
|
right-of-way line of F. M. Road No. 1409 and in the South line of |
|
The Mary Gay Trust 1,517 acre tract; |
|
THENCE, North 86° 27' East, with the north line of Lot No. 1 |
|
and the south line of the 1,517 acre tract, a distance of 25.0 feet |
|
to a 5/8" iron rod; |
|
THENCE, South 00° 22' West, a distance of 266.0 feet to a 5/8" |
|
iron rod in the West line of Lot No. 2, same being in the East |
|
right-of-way line of F. M. Road No. 1409 and at the beginning of a |
|
curve to the right whose radius is 1,105.9 feet; |
|
THENCE, in a northerly direction along said right-of-way |
|
curve and with the West line of Lot No. 2, at 56.5 feet past a 3/4" |
|
iron pipe for a common corner of Lots No. 1 and No. 2 and continuing |
|
along the West line of Lot No. 1, a total distance of 266.1 feet to |
|
the PLACE OF BEGINNING. |
|
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) Section 7991.107, Special District Local |
|
Laws Code, as added by Section 1 of this Act, takes effect only if |
|
this Act receives a two-thirds vote of all the members elected to |
|
each house. |
|
(b) If this Act does not receive a two-thirds vote of all the |
|
members elected to each house, Subchapter C, Chapter 7991, Special |
|
District Local Laws Code, as added by Section 1 of this Act, is |
|
amended by adding Section 7991.107 to read as follows: |
|
Sec. 7991.107. NO EMINENT DOMAIN POWER. The district may |
|
not exercise the power of eminent domain. |
|
(c) 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 June 1, 2017, 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 effect on that |
|
date, this Act takes effect September 1, 2017. |