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A BILL TO BE ENTITLED
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relating to the creation of the Montgomery County Municipal Utility |
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District No. 158; 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 7986 to read as follows: |
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CHAPTER 7986. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT No. 158 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 7986.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(3) "Director" means a board member. |
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(4) "District" means the Montgomery County Municipal |
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Utility District No. 158. |
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Sec. 7986.002. 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. 7986.003. 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. 7986.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 7986.003 |
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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. 7986.005. 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. 7986.006. 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. 7986.051. 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 7986.052, directors serve |
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staggered four-year terms. |
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Sec. 7986.052. TEMPORARY DIRECTORS. (a) On or after |
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September 1, 2017, the owner or owners of a majority of the assessed |
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value of the real property in the district may submit a petition to |
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the commission requesting that the commission appoint as temporary |
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directors the five persons named in the petition. The commission |
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shall appoint as temporary directors the five persons named in the |
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petition. |
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(b) Temporary directors serve until the earlier of: |
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(1) the date permanent directors are elected under |
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Section 7986.003; 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 7986.003 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 7986.003; 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. 7986.101. 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. 7986.102. 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. 7986.103. 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. 7986.104. 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. 7986.105. 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. 7986.151. 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 7986.153. |
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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. 7986.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 7986.151, 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. 7986.153. 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. 7986.201. 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. 7986.202. 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. 7986.203. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of bonds or other obligations |
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issued or incurred to finance road projects and payable from ad |
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valorem taxes may not exceed one-fourth of the assessed value of the |
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real property in the district. |
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SECTION 2. The Montgomery County Municipal Utility District |
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No. 158 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 134.09 acres of land located in the W. L. Goss Survey, |
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Abstract No. 739, T.N.N.O.R.R. Co. Survey, Abstract No. 566, R.J |
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Goss Survey, Abstract No. 719 and the T.N.N.O.R.R. Co. Survey, |
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Abstract No. 572, Montgomery County, Texas, more particularly |
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being all of that certain called 134.091 acre tract (described as |
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Tract 1) conveyed to Pilot Land Acquisitions, LLC by an instrument |
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of record in Document Number 2016040394 of the Official Public |
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Records of said Montgomery County (M.C.O.P.R.) said 134.09 acre |
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tract being more particularly described by metes and bounds as |
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follows (Bearings based on Texas Coordinate System, Central Zone, |
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NAD83 (NA2011) Epoch 2010.00): |
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BEGINNING at the west corner of said 134.091 acre tract, same |
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being the northwest corner of that certain Old Houston Acres |
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Subdivision, Section Three, described in Cabinet Z, Pages 700-703 |
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of the Map Records of said Montgomery County, (M.C.M.R.), same |
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being on the east right of way line of that certain Old Houston Road |
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(called 120 feet wide) from which a found 1/2-inch iron rod bears |
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South 71° 48' 33" East, 8.03 feet; |
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Thence, North 18° 52' 30" East, along the west line of said |
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134.091 acre tract, and the east right of way line of said Old |
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Houston Road, 683.55 feet to a 5/8-inch iron rod found for the most |
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westerly northwest corner of said 134.091 acre tract, same being |
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the southwest corner of that certain Jewel Scott called 15.6 acre |
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tract of land, described in File Number 9314164 of the Official |
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Public Records of Real Property of said Montgomery County |
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(M.C.O.P.R.R.P.); |
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Thence, North 87° 02' 18" East, along the most westerly north |
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line of said 134.091 acre tract, and the south line of said 15.6 |
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acre tract, 246.38 feet to a axel found for an interior corner of |
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said 134.091 acre tract, same being the southeast corner of said |
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15.6 acre tract; |
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Thence, North 03° 06' 18" West, along the most northerly west |
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line of said 134.091 acre tract, same being the East line of said |
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15.6 acre tract, 613.49 feet to a 1/2-inch iron rod found for an |
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angle point, same being the north corner of said 15.6 acre tract and |
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on the east right-of-way line of said Old Houston Road; |
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Thence, North 18° 56' 31" East, continuing along the most |
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northerly east line of said 134.091 acre tract and the east right of |
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way line of said Old Houston Road, 120.01 feet to a 1/2-inch iron |
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rod found for the north corner of said 134.091 acre tract, same |
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being a southwesterly corner of that certain Deegan Enterprise, LLC |
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called 26.000 acre tract described in File Number 2004-087460, |
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M.C.O.P.R.R.P.; |
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Thence, South 70° 59' 58" East, along the most northerly north |
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line of said 134.091 acre tract, same being a southerly line of said |
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Deegan Enterprise called 26.000 acre tract, 167.03 feet to a |
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1/2-inch iron rod found for the most northerly northeast corner of |
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said 134.091 acre tract, same being an interior corner of said |
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Deegan Enterprise called 26.000 acre tract; |
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Thence, South 03° 07' 23" East, along the most northerly east |
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line of said 134.091 acre tract on a west line of said Deegan |
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Enterprise called 26.000 acre tract, 541.16 feet to a 5/8-inch iron |
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rod found for an angle point on the westerly line of said Deegan |
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Enterprise called 26.000 acre tract; |
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Thence, South 48° 05' 54" East, along the northeast line of |
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said 134.091 acre tract and a southwest line of said Deegan |
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Enterprise called 26.000 acre tract, 169.75 feet to an axel found |
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for an angle point on the north line of said 134.091 acre tract on |
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the south line of said Deegan Enterprise called 26.000 acre tract; |
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Thence, North 86° 48' 40" East, along the north line of said |
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134.091 acre tract and the south line of said Deegan Enterprise |
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called 26.000 acre tract, 2,700.72 feet to a 1/2-inch iron rod found |
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for the northeast corner of said 134.091 acre tract, same being an |
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interior corner of said Deegan Enterprise called 26.000 acre tract; |
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Thence, South 02° 45' 30" East, along the east line of said |
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134.091 acre tract and a west line of said Deegan Enterprise called |
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26.000 acre tract, 1,850.01 feet to a 1/2-inch iron rod found for |
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the southeast corner of said 134.091 acre tract, same being the |
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southwest corner of said Deegan Enterprise called 26.000 acre tract |
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on the north line of that certain Fred R. Stalling and Joyce P. |
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Stallings called 72.657 acre tract of land, described in File |
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Number 2012123297, M.C.O.P.R.; |
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Thence, South 86° 48' 28" West, along the south line of said |
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134.091 acre tract and the north line of said Stallings called |
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72.657 acre tract, that certain Scott W. Harris and Karen C. Harris |
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called 27.7844 acre tract of land, described in File Number |
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2009-016393, M.C.O.P.R.R.P., that certain John P. Sherrill and |
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wife, Samantha S. Sherrill called Residue of 91.9970 acre tract of |
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land, described in File Number 9513551 M.C.O.P.R. R.P. and that |
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certain Patsy M. Graham called 100.00 acre tract of land, described |
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in File Number 2003-135100 M.C.O.P.R. R.P., passing at a distance |
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of 320.22 feet a 1/2-inch iron rod, passing at a distance of 890.42 |
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feet to a 1/2-inch iron rod bearing South 03° 11' 32" East a distance |
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of 0.21 feet offline and continuing in all a total distance of |
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2,842.37 feet to a 1/2-inch iron rod found for the southwest corner |
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of said 134.091 acre tract, same being the northwest corner of said |
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Graham called 100.00 acre tract on the east line of the |
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aforementioned Old Houston Acres, Section Three subdivision; |
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Thence, North 02° 44' 38" West, along the southerly west line |
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of said 134.091 acre tract, and the east line of said Old Houston |
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Acres, Section Three, Block No. 1, passing at a distance of 180.13 |
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feet to a found capped iron rod marked "Jeff Moon RPLS 4639" a |
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distance of 0.67 feet offline, passing at a distance of 686.98 feet |
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to a found capped iron rod marked "Jeff Moon RPLS 4639" a distance |
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of 0.54 feet offline, passing at a distance of 775.85 feet to a |
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found capped iron rod marked "Jeff Moon RPLS 4639" a distance of |
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0.49 feet offline and continuing in all a total distance of 953.20 |
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feet to a 1/2-inch iron rod found for an interior corner of said |
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134.091 acre tract, same being the Northeast corner of said Old |
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Houston Acres, Section Three; |
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Thence, North 71° 48' 33" West, along the westerly south line |
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of said 134.091 acre tract, and the north line of said Old Houston |
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Acres, Section Three, 724.86 feet to the POINT OF BEGINNING and |
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containing 134.09 acres of land. |
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Tract Two |
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Being 461.19 acres of land located in the John Smither |
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Survey, Abstract 521, the T. & N. O. R.R. Co. Survey, Abstract 566, |
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and the Benjamin B. Foster Survey, Abstract 785, Montgomery County, |
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Texas, more particularly being all of that certain called 312.7 |
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acre tract (described as Tract 6) conveyed to Pilot Land |
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Acquisitions, LLC by an instrument of record in Document Number |
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2016040394 of the Official Public Records of Montgomery County, |
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Texas (M.C.O.P.R.) and a portion of that certain called 772.7 acre |
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tract (described as Tract 3) conveyed to Pilot Land Acquisitions, |
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LLC by an instrument of record in said Document Number 2016040394, |
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M.C.O.P.R., said 461.19 acre tract being more particularly |
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described by metes and bounds as follows (Bearings based on Texas |
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Coordinate System, Central Zone, NAD83 (NA2011) Epoch 2010.00); |
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BEGINNING at a brass disk in concrete stamped "FLC" found for |
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the southeast corner of said John Smither Survey, Abstract 521, the |
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northeast corner of the Samuel V. Lamothe Survey, Abstract 333, the |
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southwest corner of Lot 6, Block 1 of Oak Tree Section One, a |
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subdivision of record in Cabinet Y, Sheets 28 through 30 of the Map |
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Records of Montgomery County, Texas (M.C.M.R.), and the southeast |
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corner of said 772.7 acre tract on the west survey line of said T. & |
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N. O. R.R. Co. Survey; |
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Thence, South 85° 24' 01" West, with the common survey line of |
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said John Smither Survey and said Samuel V. Lamothe Survey, the |
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south line of said 772.7 acre tract and a northerly line of said Oak |
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Tree Section One, at 140.50 feet pass a found 1/2-inch iron rod with |
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cap stamped "Jeff Moon RPLS 4639", and continuing in all 202.89 feet |
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to a brass disk in concrete stamped "CP & FM 295" found for the |
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common north corner of said Oak Tree Section One and that certain |
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called 14.6924 acre tract conveyed to Paul McQueen by an instrument |
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of record under Volume 1095, Page 696 of the Deed Records of |
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Montgomery County, (M.C.D.R.); |
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Thence, South 86° 53' 28" West, continuing with said common |
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survey line, the south line of said 772.7 acre tract, the north line |
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of said 14.6924 acre tract, and that certain called 1.3834 acre |
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tract conveyed to Sam W. Baker, Trustee by an instrument of record |
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under Document Number 2010088724, M.C.O.P.R., at 791.47 feet pass a |
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found 5/8-inch iron rod, and continuing in all a total distance of |
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1,549.11 feet to a point for the northwest corner of said 1.3834 |
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acre tract and on the northerly right-of-way line of FM 1314, from |
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which a found bent 5/8-inch iron rod bears South 56° 52' 47" West, |
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0.31 feet; |
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Thence, with the northerly right-of-way line of said FM 1314 |
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and the southwesterly line of said 772.7 acre tract, the following |
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three (3) courses: |
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1. North 63° 11' 02" West, 426.37 feet to a 5/8-inch iron rod |
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with cap stamped "LJA ENG" found for corner, the beginning of a |
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curve; |
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2. 354.89 feet along the arc of a tangent curve to the left, |
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having a radius of 5,809.58 feet, a central angle of 03° 30' 00" and |
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a chord which bears North 64° 56' 02" West, 354.83 feet to a 5/8-inch |
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iron rod with cap stamped "LJA ENG" found for corner; |
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3. North 66° 41' 02" West, at 116.49 feet pass a found bent |
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5/8-inch iron rod bears South 64° 46' 13" West, 0.18 feet, |
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continuing in all a total distance of 891.28 feet to a point for |
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corner; |
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Thence, North 45° 49' 56" East, departing said northerly |
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right-of-way line, over and across the aforementioned 772.7 acre |
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tract, 4,289.20 feet to a point for corner on the common east line |
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of said 772.7 acre tract and the west line of that certain called |
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86.659 acre tract conveyed to Darrell Dudczak by an instrument of |
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record under File Number 2004-128243 of the Official Public Records |
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of Real Property of said Montgomery County (M.C.O.P.R.R.P.), said |
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point being on the common survey line of said Benjamin B. Foster |
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Survey and the W. C. Clark Survey, Abstract 732; |
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Thence, South 03° 00' 30" East, along the west line of said |
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86.659 acre tract and its extension and the east line of said 772.7 |
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acre tract, 922.30 feet to a brass disk in concrete stamped "FLC" |
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found for the northwest corner of the aforementioned 312.7 acre |
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tract, same point being the common west corner of said W. C. Clark |
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Survey and the T. & N. O. R.R. Co. Survey, Abstract 566 and the |
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common east corner of the Benjamin B. Foster Survey, and the |
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aforementioned John Smither Survey; |
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Thence, with the north line of said 312.7 acre tract and said |
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common survey line the following three (3) courses: |
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1. North 87° 14' 54" East, 1,440.11 feet to a concrete |
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monument found for the southwest corner of that certain called |
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15.17 acre tract conveyed to Jessie C. Farmer and wife Carrie S. |
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Farmer, as Trustees under the Jessie Farmer and Carrie Sue Farmer |
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Revocable Trust by an instrument of record under File Number |
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99013631, M.C.O.P.R.R.P.; |
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2. North 86° 33' 36" East, with the southerly line of said |
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15.17 acre tract, 1,401.58 feet to a concrete monument found for the |
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common south corner of said 15.17 acre tract and that certain called |
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15.6 acre tract conveyed to Katy Holt by an instrument of record |
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under File Number 2005-097233, M.C.O.P.R.R.P.; |
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3. North 86° 59' 50" East, with the southerly line of said |
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15.6 acre tract, the southerly line of that certain called 15.6 acre |
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tract conveyed to John Edward Panzarella, Robert L. Panzarella, |
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Sandre Paulette Lowry, and Carl Panzarella, Jr. by an instrument of |
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record under Document Number 2010049469, M.C.O.P.R., and the |
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southerly line of the residue of that certain called 15.6 acre tract |
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conveyed to Jewel Oleta Scott and Husband A. G. Scott by an |
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instrument of record under Volume 492, Page 539, M.C.D.R., 2,533.37 |
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feet to a 5/8-inch iron rod found for the northeast corner of said |
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312.7 acre tract, said point being on the westerly right-of-way |
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line of Old Houston Road (called 120 feet wide) described in Volume |
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969, Page 305, M.C.D.R.; |
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Thence, with the easterly line of said 312.7 acre tract and |
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said westerly right-of-way line the following three (3) courses: |
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1. South 18° 54' 01" West, 2,504.88 feet to a found 1/2-inch |
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iron rod with cap stamped "Montgomery and Associates", the |
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beginning of a curve; |
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2. 855.83 feet along the arc of a tangent curve to the left, |
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having a radius of 2,973.51 feet, a central angle of 16° 29' 27", and |
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a chord which bears South 10° 39' 18" West, 852.88 feet to a 5/8-inch |
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iron rod with cap stamped "LJA ENG" set for corner from which a |
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found 5/8-inch iron rod bears South 00° 52' 56" East, 9.24 feet; |
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3. South 02° 24' 34" West, 376.98 feet to a 1/2-inch iron rod |
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found for the common easterly corner of said 312.7 acre tract and |
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Lot 1, Block 2 of Old Houston Acres Section One, a subdivision of |
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record in Cabinet S, Sheets 16-19, M.C.M.R., said point being on the |
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common survey line of the aforementioned T. & N. O. R.R. Co. Survey, |
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Abstract 566 and the Ruben Copeland Survey, Abstract 671 of said |
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Montgomery County; |
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Thence, South 87° 08' 43" West, with the southerly line of |
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said 312.7 acre tract, the common survey line and the northerly line |
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of said Old Houston Acres Section One, at 541.18 feet pass a |
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1/2-inch iron rod with cap stamped "Jeff Moon RPLS 4639" found for |
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the common north corner of said Old Houston Acres Section One and |
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Old Houston Acres Section Two, a subdivision of record in Cabinet Z, |
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Sheets 313-316, M.C.M.R., and continuing along said southerly line |
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and with the northerly line of said Old Houston Acres Section Two, |
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pass at 649.28 feet a 1/2-inch iron rod with cap stamped "Jeff Moon |
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RPLS 4639" found for the common north corner of Lots 1 and 2 of Block |
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1 of said Old Houston Acres Section Two, and continuing in all a |
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total distance of 1,486.22 feet to a bent 1/2-inch iron rod found |
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for an angle point on the common line of said 312.7 acre tract and |
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said Old Houston Acres Section Two, said point being the northwest |
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corner of said Ruben Copeland Survey; |
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Thence, North 83° 23' 32" West, continuing with said common |
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line, 280.75 feet to a 5/8-inch iron rod with cap stamped "LJA ENG" |
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set for an angle point on the south line of said 312.7 acre tract, |
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said point being the northwest corner of said Old Houston Acres |
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Section Two and the northeast corner of the E. H. Yeiser Survey, |
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Abstract 731 of said Montgomery County, Texas; |
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Thence, South 87° 04' 13" West, with the southerly line of |
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said 312.7 acre tract and the common survey line of said T. & N. O. |
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R.R. Co. Survey, Abstract 566 and said E. H. Yeiser Survey, 1,013.95 |
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feet to a 5/8-inch iron rod with cap stamped "F&S 409-832-7238" |
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found for the common south corner of said 312.7 acre tract and the |
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aforementioned Oak Tree Section One, from which a found 1/2-inch |
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iron rod with cap stamped "Jeff Moon RPLS 4639" bears South 62° 32' |
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45" East, 0.40 feet; |
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Thence, with the common line of said 312.7 acre tract and said |
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Oak Tree Section One the following six (6) courses: |
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1. North 17° 43' 53" West, 1,141.63 feet to a found 5/8-inch |
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iron rod, the beginning of a curve; |
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2. 251.53 feet along the arc of a non-tangent curve to the |
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right, having a radius of 1,760.00 feet, a central angle of 08° 11' |
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19", and a chord which bears North 77° 48' 50" East, 251.32 feet to a |
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point for corner from which a found 5/8-inch iron rod bears North |
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85° 57' 03" West, 0.16 feet; |
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3. North 03° 06' 19" West, 975.54 feet to a point for corner |
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from which a found 5/8-inch iron rod bears South 25° 44' 03" West, |
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0.25 feet; |
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4. South 86° 53' 41" West, 1,065.00 feet to a 1/2-inch iron |
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rod with cap stamped "Montgomery and Associates" found for a |
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northwesterly corner of said Oak Tree Section One; |
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5. South 03° 06' 19" East, 66.77 feet (called South 03° 06' |
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40" East, 66.77 feet) to a 5/8-inch iron rod found for a re-entrant |
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corner on the north line of said Oak Tree Section One; |
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6. South 86° 53' 41" West, 315.00 feet (called South 86° 53' |
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20" West, 315.00 feet) to a 5/8-inch iron rod found for the |
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northwest corner of said Oak Tree Section One subdivision, same |
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point being on the west line of said 312.7 acre tract, the east line |
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of said 772.7 acre tract and on the common survey line of the |
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aforementioned John Smither Survey, Abstract 521 and the T. & N. O. |
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R.R. Co. Survey, Abstract 566; |
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Thence, South 03° 05' 17" East with the common line of said |
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772.7 acre tract, said Oak Tree Section One, and said common survey |
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line, 1,245.40 feet to the POINT OF BEGINNING and containing 461.19 |
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acres of land. |
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Said Tract One (134.09 acres) and Tract Two (461.19 acres) |
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being a total of 595.28 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 |
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7986, Special District Local Laws Code, as added by Section 1 of |
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this Act, is amended by adding Section 7986.106 to read as follows: |
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Sec. 7986.106. 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 September 1, 2017. |