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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 Brazoria County Municipal Utility |
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District No. 69; 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 7970 to read as follows: |
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CHAPTER 7970. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 69 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 7970.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(3) "Director" means a board member. |
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(4) "District" means the Brazoria County Municipal |
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Utility District No. 69. |
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Sec. 7970.002. 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. 7970.003. 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. 7970.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 7970.003 |
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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. 7970.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. |
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(a) The district is created to serve a public purpose and benefit. |
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(b) The district is created to accomplish the purposes of: |
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(1) a municipal utility district as provided by |
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general law and Section 59, Article XVI, Texas Constitution; and |
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(2) Section 52, Article III, Texas Constitution, that |
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relate to the construction, acquisition, improvement, operation, |
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or maintenance of macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 7970.006. 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. 7970.051. 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 7970.052, directors serve |
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staggered four-year terms. |
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Sec. 7970.052. TEMPORARY DIRECTORS. (a) On or after the |
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effective date of the Act enacting this chapter, the owner or owners |
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of a majority of the assessed value of the real property in the |
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district may submit a petition to the commission requesting that |
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the commission appoint as temporary directors the five persons |
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named in the petition. The commission shall appoint as temporary |
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directors the five persons named in the petition. |
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(b) Temporary directors serve until the earlier of: |
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(1) the date permanent directors are elected under |
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Section 7970.003; or |
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(2) the fourth anniversary of the effective date of |
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the Act enacting this chapter. |
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(c) If permanent directors have not been elected under |
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Section 7970.003 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 7970.003; 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. 7970.101. 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. 7970.102. 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. 7970.103. 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. 7970.104. ROAD STANDARDS AND REQUIREMENTS. (a) A |
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road project must meet all applicable construction standards, |
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zoning and subdivision requirements, and regulations of each |
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municipality in whose corporate limits or extraterritorial |
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jurisdiction the road project is located. |
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(b) If a road project is not located in the corporate limits |
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or extraterritorial jurisdiction of a municipality, the road |
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project must meet all applicable construction standards, |
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subdivision requirements, and regulations of each county in which |
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the road project is located. |
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(c) If the state will maintain and operate the road, the |
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Texas Transportation Commission must approve the plans and |
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specifications of the road project. |
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Sec. 7970.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE |
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OR RESOLUTION. The district shall comply with all applicable |
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requirements of any ordinance or resolution that is adopted under |
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Section 54.016 or 54.0165, Water Code, and that consents to the |
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creation of the district or to the inclusion of land in the |
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district. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 7970.151. ELECTIONS REGARDING TAXES OR BONDS. |
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(a) The district may issue, without an election, bonds and other |
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obligations secured by: |
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(1) revenue other than ad valorem taxes; or |
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(2) contract payments described by Section 7970.153. |
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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. 7970.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 7970.151, 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. 7970.153. 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. 7970.201. 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. 7970.202. 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. 7970.203. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of bonds or other obligations |
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issued or incurred to finance road projects and payable from ad |
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valorem taxes may not exceed one-fourth of the assessed value of the |
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real property in the district. |
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SECTION 2. The Brazoria County Municipal Utility District |
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No. 69 initially includes all the territory contained in the |
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following area: |
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TRACT ONE |
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Being a tract of land containing 158.478 acres (6,903,334 |
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square feet), located within the C.W. Groos Survey, Abstract-525 in |
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Brazoria County, Texas; Said 158.478 acre tract being a portion of a |
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called 160 acre tract recorded in the name of Richard Rogers in |
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Volume 103, Page 371 of the Brazoria County Deed Records (B.C.D.R.) |
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and all of a called 13.655 acre tract recorded in the name of H.L.& |
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P. Co. in Volume 1149, Page 240 of the B.C.D.R.; Said 158.478 acre |
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tract being more particularly described by metes and bounds as |
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follows (Bearings are based on the Texas Coordinate System of 1983, |
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South Central Zone per GPS observations): |
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Beginning at a 5/8-inch iron rod found at the southwest |
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corner of a called 40.0000 acre tract of land recorded in the name |
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of Prabhakar Rao Draksharam in Brazoria County Clerk's File Number |
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(B.C.C.F. No.) 2007030107, same being on the north line of a called |
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151.44 acre tract recorded in the name of C.W. Way in Volume 272, |
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Page 103 of the B.C.D.R., for the southeast corner of said 160 acre |
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tract and the herein described tract, said iron rod being on the |
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Right-Of-Way (R.O.W.) line of County Road 128 (30 foot easement |
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reserved along the north line in Volume 124, Page 477 of the |
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B.C.D.R., no easement reserved along the south line of said 160 acre |
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tract found); |
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Thence, with the north line of said 151.44 acre tract and the |
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south line of said 160 acre tract and said 13.655 acre tract, South |
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87 degrees 19 minutes 22 seconds West, a distance of 2634.42 feet to |
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a 5/8-inch iron rod with a Miller Survey Group (MSG) cap set at an |
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angle point in said 151.44 acre tract, for the southwest corner of |
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said 160 acre tract and the herein described tract; |
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Thence, with the upper east line of said 151.44 acre tract, |
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the east line of a called 138.83 acre tract of land recorded in the |
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name of Margurite Massey Smith Charitable Remainder Trust, U.A. in |
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B.C.C.F. No. 2010013347, same being the west line of said 160 acre |
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tract, North 02 degrees 36 minutes 15 seconds West, at a distance of |
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1389.29 feet pass a 5/8-inch iron rod found at the southeast corner |
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of said 138.83 acre tract, same being the upper northeast corner of |
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said 151.44 acre tract, and continue in all a total distance of |
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2634.99 feet to a 5/8-inch iron rod with a MSG cap set for the |
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northwest corner of said 160 acre tract and the herein described |
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tract; |
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Thence, with the north line of said 160 acre tract, said |
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13.655 acre tract and the south line of a called 80 acre tract |
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recorded in the name of Georgeanne and William Reeves in B.C.C.F. |
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No. 99026030, the south line of a called 247.91 acre tract recorded |
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in the name of RMJ Miller Real Estate Holdings, Ltd. in B.C.C.F. |
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No. 2002020349, and the south lines of a called 0.8902 acre tract of |
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land recorded in the name of the City of Pearland in B.C.C.F. |
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No. 2009045975, the following three (3) courses: |
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1. North 87 degrees 17 minutes 52 seconds East, at a |
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distance of 12.2 feet pass a railroad rail in concrete found at the |
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called southwest corner of said 80 acre tract, from which a found |
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1-inch iron pipe bears South 76 degrees 10 minutes East, a distance |
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of 30.8 feet, and at a distance of 1320.06 feet pass a 3/4-inch iron |
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pipe found at the southeast corner of said 80 acre tract and |
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continue in all a total distance of 2227.43 feet to a 5/8-inch iron |
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rod with a MSG cap set at the northwest corner of said 0.8902 acre |
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tract, for the westerly northeast corner of the herein described |
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tract; |
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2. South 51 degrees 39 minutes 45 seconds East, a |
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distance of 165.85 feet to a 5/8-inch iron rod with a CL Davis cap |
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found at the southwest corner of said 0.8902 acre tract, for an |
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angle point in the north line of the herein described tract; |
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3. North 87 degrees 18 minutes 49 seconds East, a |
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distance of 279.87 feet to a 5/8-inch iron rod with a CL Davis cap |
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found the southeast corner of said 0.8902 acre tract, same being on |
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the lower west line of said 247.91 acre tract, and being on the east |
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line of said 160 acre tract, for the easterly northeast corner of |
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the herein described tract; |
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Thence, with the lower west line of said 247.91 acre tract, |
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the west line of said 40.0000 acre tract and the east line of said |
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160 acre tract; South 02 degrees 38 minutes 46 seconds East, at a |
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distance of 1207.41 feet pass a concrete monument found at a |
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southwest corner of said 247.91 acre tract, same being the |
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northwest corner of said 40.0000 acre tract, and continue in all a |
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total distance of 2527.16 feet to the Point of Beginning and |
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containing 158.478 acres of land. |
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TRACT TWO |
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Being a tract of land containing 212.174 acres (9,242,293 |
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square feet), located within the H. Stevens Survey, Abstract-593 in |
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Brazoria County, Texas; Said 212.174 acre tract being a portion of a |
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called 138.83 acre tract recorded in the name of Margurite Massey |
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Smith Charitable Remainder Trust U.A. in Brazoria County Clerk's |
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File Number (B.C.C.F. No.) 2010013347, all of a called 5.00 acre |
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tract of land recorded in the name of William Stephen Summers and |
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wife, Lois Winifrede Smith Summers in Volume (V.) 1318, Page 9 (P.) |
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700 of the Brazoria County Deed Records (B.C.D.R.), all of a called |
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5.00 acre tract of land recorded in the name of Lois Winifrede |
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Summers in V. 1775, P. 250 of the B.C.D.R., a portion of a called |
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5.00 acre tract of land recorded in the name of Lois Winifrede |
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Summers in V. 1775, P. 248 of the B.C.D.R., all of a called 10.55 |
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acre tract of land recorded in the name of Lois Smith Summers in |
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B.C.C.F. No. 2013052681, a portion of a called 4.45 acre tract of |
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land recorded in the name of Lois Smith Summers in B.C.C.F. |
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No. 2013052682, and all of a called 45.00 acre tract of land |
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recorded in the name of Lois Smith Summers in B.C.C.F. |
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No. 2013052682; Said 212.174 acre tract being more particularly |
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described by metes and bounds as follows (Bearings are based on the |
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Texas Coordinate System of 1983, South Central Zone per GPS |
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observations): |
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Beginning at a 1-inch ion pipe found at the northwest corner |
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of a called 151.44 acre tract recorded in the name of C.W. Way in |
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Volume 272, Page 103 of the Brazoria County Deed Records, same being |
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on the east line of a Lot 44 of the Allison-Richey Gulf Coast Home |
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Co. Part of Suburban Gardens, a subdivision plat of record in Volume |
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2, Page 89 of the Brazoria County Plat Records (B.C.P.R.), said Lot |
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44, recorded in the name of Plains Exploration & Production |
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Company, L.P. in B.C.C.F. No. 02-033007, for the southwest corner |
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of said 138.83 acre tract and the herein described tract; |
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Thence, with the east line of Lots 44 thru 42 all recorded in |
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said B.C.C.F. No. 02-03307, the east line of Lots 41 and 40 being |
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recorded in the name of Jimmy Brown in B.C.C.F. No. 1998020191, the |
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east line of Lot 39 recorded in said B.C.C.F. No. 02-033007, the |
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east line of Lot 38 recorded in the name of Danny O. Waldon in |
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B.C.C.F. No. 96-0254867, the east line of Lot 37 recorded in the |
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name of International Victory Christian Church in B.C.C.F. |
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No. 2015007219, same being the west line of said 138.83 acre tract, |
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North 02 degrees 36 minutes 15 seconds West, at a distance of |
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2905.73 feet pass a found railroad spike at the northeast corner of |
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said Lot 39, and at a distance of 3862.37 feet pass a 5/8-inch iron |
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rod with a Miller Survey Group (MSG) cap set on the occupied south |
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Right-Of-Way (R.O.W.) line of McKeever Road (County Road 100 width |
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varies, monumented at 62.7 feet, north 20 feet per Volume 2, Page |
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89, B.C.P.R.), and continue in all a total distance of 3897.23 feet |
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to a "P-K" nail set in asphalt pavement for the northwest corner of |
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said 138.83 acre tract and the herein described tract; |
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Thence, with the north line of said 138.83 acre tract, said |
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10.55 acre tract, said 5.00 acre tract (V. 1775, P. 248) and said |
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4.45 acre tract, North 87 degrees 21 minutes 45 seconds East, a |
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distance of 2384.30 feet to a "P-K" nail set in asphalt pavement at |
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the northeast corner of said 4.45 acre tract, for the northeast |
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corner of the herein described tract; |
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Thence, with the east line of said 4.45 acre tract, South 02 |
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degrees 36 minutes 15 seconds East, at a distance of 32.55 feet pass |
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a 5/8-inch iron rod with a Miller Survey Group (MSG) cap set on the |
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occupied south R.O.W. line of said McKeever Road, at a distance of |
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41.87 feet pass a 5/8-inch iron rod found, and continue in all a |
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total distance of 246.27 feet to a 5/8-inch iron rod with a cap |
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found on the northeast line of a called 1.1852 acre tract of land |
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recorded in the name of the City of Pearland, Texas in B.C.C.F. |
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No. 2011044376, from which a 5/8-inch iron rod with a CL Davis cap |
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found bears South 51 degrees 41 minutes 48 seconds East, a distance |
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of 12.55 feet; |
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Thence, with the lines of said 1.1852 acre tract, the |
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following four (4) courses: |
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1. North 51 degrees 41 minutes 48 seconds West, a |
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distance of 262.16 feet to a 5/8-inch iron rod with a cap found at an |
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angle point; |
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2. South 87 degrees 18 minutes 40 seconds West, a |
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distance of 49.92 feet to a 5/8-inch iron rod with a cap found at an |
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angle point; |
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3. South 38 degrees 18 minutes 12 seconds West, a |
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distance of 107.26 feet to a 5/8-inch iron rod with a cap found at an |
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angle point; |
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4. South 51 degrees 41 minutes 48 seconds East, a |
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distance of 421.14 feet to a 5/8-inch iron rod with a cap found on |
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the east line of said 4.45 acre tract, from which a 5/8-inch iron |
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rod with a CL Davis cap found bears South 51 degrees 41 minutes 48 |
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seconds East, a distance of 12.84 feet; |
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Thence, with the east line of said 4.45 acre tract and the |
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east line of said 138.83 acre tract, South 02 degrees 36 minutes 15 |
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seconds East, a distance of 3465.72 feet to a 5/8-inch iron rod |
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found at the northeast corner of said 151.44 acre tract, for the |
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southeast corner of said 138.83 acre tract and the herein described |
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tract; |
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Thence, with the line north line of said 151.44 acre tract and |
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the south line of said 138.83 acre tract and said 45.00 acre tract, |
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South 87 degrees 21 minutes 45 seconds West, a distance of 2384.30 |
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feet to the Point of Beginning and containing 212.174 acre of land. |
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Save and except the following 0.1697 acre tract: |
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Being a tract of land containing 0.1697 acres (7,394 square |
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feet), located in the H. Stevens Survey, Abstract-593 in Brazoria |
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County, Texas; Said 0.1697 acre tract being all of a called 0.1319 |
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acre tract of land recorded in the name of the City of Pearland, |
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Texas in B.C.C.F. No. 2011044376 and all of a called 0.0378 acre |
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tract of land recorded in the name of the City of Pearland, Texas in |
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B.C.C.F. No. 2011044379; Said 0.1697 acre tract being more |
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particularly described by metes and bounds as follows (Bearings are |
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based on the Texas Coordinate System of 1983, South Central Zone per |
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GPS observations): |
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Commencing at a 5/8-inch iron rod found at the northeasterly |
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corner of a called 1.1852 acre tract recorded in the name of the |
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City of Pearland, Texas in B.C.C.F. No. 2011044376; |
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Thence, through and across a called 4.45 acre tract recorded |
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in the name of Lois Smith Summers in B.C.C.F. No. 2013052682, North |
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51 degrees 41 minutes 48 seconds West, a distance of 18.29 feet to a |
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5/8-inch iron rod with a MSG cap set at the southeast corner of said |
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0.1319 acre tract for the southeast corner of and Point of Beginning |
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of the herein described tract; |
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Thence, with the south line of said 0.1319 acre tract and |
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0.0378 acre tract, South 87 degrees 18 minutes 47 seconds West, a |
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distance of 263.76 feet to a 5/8-inch iron rod found at the |
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southwest corner of said 0.0378 acre tract, for the southwest |
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corner of the herein described tract; |
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Thence, with the west line of said 0.0378 acre tract, North 02 |
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degrees 41 minutes 13 seconds West, a distance of 30.00 feet to a |
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5/8-inch iron rod with a MSG cap set at the northwest corner of said |
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0.0378 acre tract, for the northwest corner of the herein described |
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tract; |
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Thence, with the north line of said 0.0378 acre tract and |
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0.1319 acre tract, North 87 degrees 18 minutes 47 seconds East, a |
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distance of 229.23 feet to a 5/8-inch iron rod with a MSG cap set at |
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the northeast corner of said 0.1319 acre tract, for the northeast |
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corner of the herein described tract; |
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Thence, with the easterly line of said 0.1319 acre tract, |
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South 51 degrees 41 minutes 48 seconds East, a distance of 45.74 |
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feet to the Point of Beginning and containing 0.1697 acres of land. |
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SECTION 3. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 4. (a) If this Act does not receive a two-thirds |
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vote of all the members elected to each house, Subchapter C, Chapter |
|
7970, Special District Local Laws Code, as added by Section 1 of |
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this Act, is amended by adding Section 7970.106 to read as follows: |
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Sec. 7970.106. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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(b) This section is not intended to be an expression of a |
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legislative interpretation of the requirements of Section 17(c), |
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Article I, Texas Constitution. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |
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