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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. 76; 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 8099 to read as follows: |
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CHAPTER 8099. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 76 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8099.0101. 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. 76. |
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Sec. 8099.0102. 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. 8099.0103. CONFIRMATION AND DIRECTOR 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. 8099.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section |
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8099.0103 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. 8099.0105. 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. 8099.0106. 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. 8099.0201. 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 8099.0202, directors |
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serve staggered four-year terms. |
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Sec. 8099.0202. TEMPORARY DIRECTORS. (a) The temporary |
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board consists of: |
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(1) Timothy White; |
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(2) Lyle Klingbeil; |
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(3) Jennifer Vaughan; |
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(4) Maria George; and |
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(5) Hunter Waneck. |
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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 8099.0103; 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 8099.0103 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 8099.0103; 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. 8099.0301. GENERAL POWERS AND DUTIES. The district |
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has the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 8099.0302. 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. 8099.0303. 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. 8099.0304. 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. 8099.0305. COMPLIANCE WITH MUNICIPAL CONSENT |
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ORDINANCE OR RESOLUTION. The district shall comply with all |
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applicable requirements of any ordinance or resolution that is |
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adopted under Section 54.016 or 54.0165, Water Code, and that |
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consents to the creation of the district or to the inclusion of land |
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in the district. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8099.0401. ELECTIONS REGARDING TAXES OR BONDS. (a) |
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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 8099.0403. |
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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. 8099.0402. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8099.0401, the |
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district may impose an operation and maintenance tax on taxable |
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property in the district in accordance with Section 49.107, Water |
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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. 8099.0403. 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. 8099.0501. 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. 8099.0502. 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. 8099.0503. 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. 76 initially includes all the territory contained in the |
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following area: |
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TRACT 1 |
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FIELD NOTES OF AN 80.41 ACRE TRACT OUT OF AN 83.72 ACRE TRACT |
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OUT OF A 121.90 ACRE TRACT IN THE ANDREW ROBERTS LABOR, ABSTRACT |
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363, BRAZORIA COUNTY, TEXAS; SAID 121.90 ACRE TRACT BEING THAT |
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TRACT DESCRIBED IN A DEED RECORDED IN VOLUME 735, PAGE 629 OF THE |
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DEED RECORDS OF BRAZORIA COUNTY, TEXAS; AND SAID 80.41 ACRE TRACT |
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BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: |
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COMMENCING at a 1/2" iron rod found in the East line of the |
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William Roberts League, Abstract 124, Brazoria County, Texas; said |
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rod marking the Northwest corner of the Andrew Roberts Labor, |
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Abstract 363, Brazoria County, Texas; |
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THENCE; North 88° 13' East 94.63 feet, along the North line of |
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the Andrew Roberts Labor, Abstract 363, to a 1/2" iron pipe found |
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for the place of beginning of the herein described tract; said pipe |
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also marking the Northeast corner of a 91.41 acre tract in the |
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Andrew Roberts Labor, Abstract 363; |
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THENCE; North 89° 19' 51" East 2328.77 feet, along the North |
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line of the Andrew Roberts Labor, Abstract 363, to a 1/2" iron rod |
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with cap stamped "RSTROUD RPLS 2112" found for corner in the West |
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right-of-way line of the State Highway 288 Freeway; |
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THENCE; South 0° 23' 56" East 627.04 feet, along the West |
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right-of-way line of the State Highway 288 Freeway, to a concrete |
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right-of-way monument found for angle point; |
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THENCE; South 0° 02' 56" West 1096.29 feet, along the West |
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right-of-way line of the State Highway 288 Freeway, to a 1/2" iron |
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rod found for corner at the Northeast corner of the Angleton |
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Drainage District 3.32 acre tract described in County Clerk's |
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Document No. 2014-024678 of the Official Records of Brazoria |
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County, Texas; |
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THENCE; North 80° 57' West 87.55 feet, along the North line of |
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said 3.32 acre tract, to a 1/2" iron rod with cap stamped "RPLS 2112 |
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RPLS 6017" found for corner at the Northwest corner of said 3.32 |
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acre tract; |
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THENCE; South 5° 08' 13" West 1408.09 feet (called 1400.09 |
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feet), along the West line of said 3.32 acre tract, to a concrete |
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right-of-way monument found for corner; said monument marking the |
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Southwest corner of said 3.32 acre tract; |
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THENCE; South 1° 23' 59" West 61.07 feet, along the West |
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right-of-way line of State Highway 288 Freeway, to a concrete |
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monument found for corner in the South line of the Andrew Roberts |
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Labor, Abstract 363; |
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THENCE; South 89° 18' 30" West 769.14 feet, along the South |
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line of the Andrew Roberts Labor, Abstract 363, to a point for |
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corner at the Southeast corner of said 91.41 acre tract; |
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THENCE; North 0° 11' 54" East, at 55.01 feet pass a 1/2" iron |
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rod found in the North right-of-way fence of a closed portion of |
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Belk Road, and continue to a total distance of 2711.40 feet to a |
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1/2" iron rod with cap stamped "R STROUD RPLS 2112" found for corner |
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at the Easterly Northeast corner of said 91.41 acre tract; |
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THENCE; South 89° 19' 51" West 1359.50 feet, along the common |
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line with said 91.41 acre tract, to a 1/2" iron pipe found for |
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corner; |
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THENCE; North 0° 08' 09" East 459.60 feet, along the common |
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line with said 91.41 acre tract, to the place of beginning. |
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Said tract therein containing 80.41 acres of land. |
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The reference bearing for this survey is the North line of the |
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S. J. Jamison 100 acre tract as described in a deed recorded in |
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Volume 578, Page 443 of the Deed Records of Brazoria County, Texas. |
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The bearing of the North line for reference is South 89° 47' West. |
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TRACT 2 |
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FIELD NOTES OF A 5.62 ACRE TRACT, CALLED TRACT 161A, AND BEING |
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THAT PORTION LYING WEST OF STATE HIGHWAY 288 FREEWAY OF A NINE ACRE |
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TRACT CONVEYED TO BRAZORIA COUNTY FROM J. D. CANNAN, TRUSTEE, BY |
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DEED DATED AUGUST 9, 1897 AND RECORDED IN VOLUME 42, PAGE 235 OF THE |
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DEED RECORDS OF BRAZORIA COUNTY, TEXAS, AND BEING MORE PARTICULARLY |
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DESCRIBED BY METES AND BOUNDS AS FOLLOWS: |
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BEGINNING at a 1/2" iron rod found at the intersection of the |
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South line of said nine acre tract with the West right-of-way line |
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of the State Highway 288 Freeway; |
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THENCE; North 0° 04' 38" East 971.25 feet, along the West |
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right-of-way line of the State Highway 288 Freeway, to a 1/2" iron |
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rod fond for corner of a called 0.269 acre tract previously cut out |
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of said nine acre tract; |
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THENCE; South 88° 07' 44" West 258.76 feet, along the South |
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line of said called 0.269 acre tract, to a 1/2" iron rod found for |
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corner in the West line of said nine acre tract; |
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THENCE; South 0° 33' 01" East 962.86 feet, along the West line |
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of said nine acre tract, to a 1/2" iron rod found marking the |
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Southwest corner of said nine acre tract; |
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THENCE; South 89° 59' 36" East 248.07 feet, along the South |
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line of said nine acre tract, to the place of beginning. |
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Said tract therein containing 5.62 acres of land. |
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The reference bearing for this survey is the North line of the |
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S. J. Jamison 100 acre tract in the William Roberts League, Abstract |
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124, as described in a deed recorded in Volume 578, Page 443 of the |
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Deed Records of Brazoria County, Texas. The bearing of the line is |
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South 89° 47' West. |
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TRACT 3 |
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FIELD NOTES OF AN 85.95 ACRE TRACT OUT OF A 91.41 ACRE TRACT |
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IN THE ANDREW ROBERTS LABOR, ABSTRACT 363, BRAZORIA COUNTY, TEXAS; |
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SAID 91.41 ACRES BEING THAT SAME TRACT (CALLED 91.9 ACRES) |
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DESCRIBED AS "SECOND TRACT" IN THAT CERTAIN DEED RECORDED IN VOLUME |
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406, PAGE 99 OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS, AND SAID |
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85.95 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND |
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BOUNDS AS FOLLOWS: |
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COMMENCING at a 1/2" iron rod found at the Southwest corner of |
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the Andrew Roberts Labor, Abstract 363; said rod being in the South |
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right-of-way line of Belk Road (County Road 28); |
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THENCE; North 89° 19' 01" East 75.01 feet, along the South |
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line of Belk Road, to a 1/2" iron rod set in the East line of a 75 |
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foot Drainage Easement, for the place of beginning of the herein |
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described tract; said Drainage Easement being described in a deed |
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recorded in File 2013-033166 of the Official Records of Brazoria |
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County, Texas; |
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THENCE; North 0° 08' 09" East, along the East line of said 75 |
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foot Drainage Easement, at 55.57 feet pass a 1/2" iron rod found in |
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the North right-of-way line of Belk Road, and continue to a total |
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distance of 3170.85 feet to a 1/2" iron rod found for corner in the |
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Most northerly North line of said 91.41 acre tract in the North line |
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of the Andrew Roberts Labor, Abstract 363; |
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THENCE; North 88° 13' East 19.60 feet, along the North line of |
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the Andrew Roberts Labor, to a 1/2" iron pipe found for corner at |
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the most northerly Northeast corner of said 91.41 acre tract; |
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THENCE; South 0° 08' 09" West 459.6 feet to a 1/2" iron pipe |
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found for corner; |
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THENCE; North 89° 19' 51" East 1359.60 feet to a 1/2" iron rod |
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found for corner; |
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THENCE; South 0° 11' 54" West, along a barbed wire fence, at |
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2656.39 feet pass a 1/2" iron rod found on line in the North |
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right-of-way fence of a closed portion of Belk Road, and continue to |
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a total distance of 2711.4 feet to a point for corner in the South |
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line of the Andrew Roberts Labor, Abstract 363; |
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THENCE; South 89° 19' 10" West 1376.13 feet, along the South |
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line of the Andrew Roberts labor, Abstract 363, to the place of |
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beginning. |
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Said tract therein containing 85.95 acres of land. |
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The reference bearing for this survey is the North line of the |
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S. J. Jamison 100 acre tract in the William Roberts League, Abstract |
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124, as described in a deed recorded in Volume 578, Page 443 of the |
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Deed Records of Brazoria County, Texas. The bearing of the North |
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line, for reference, is South 89° 47' West. |
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TRACT 4 |
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FIELD NOTES OF A 132.13 ACRE TRACT OUT OF A 134.73 ACRE TRACT |
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OUT OF TRACT 158 (50 ACRES, VOLUME 989, PAGE 287, BRAZORIA COUNTY |
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DEED RECORDS) AND TRACT 159 (100 ACRES, VOLUME 226, PAGE 256, |
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BRAZORIA COUNTY DEED RECORDS) OUT OF THE JOSE DE JESUS VALDERAS |
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SURVEY, ABSTRACT 380, BRAZORIA COUNTY, TEXAS, AND BEING MORE |
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PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: |
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BEGINNING at a 1/2" iron rod found at the intersection of the |
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West line of the Jose de Jesus Valderas Survey, Abstract 380, with |
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the South line of a 31.74 acre tract described in a deed recorded in |
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File 1997-006563 of the Official Records of Brazoria County, Texas; |
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THENCE; North 88° 29' 40" East 350.83 feet, along the South |
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line of said 31.74 acre tract, to a 1/2" iron rod found for corner at |
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the Southeast corner of said 31.74 acre tract; |
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THENCE; North 1° 33' 32" West 923.92 feet, along the East line |
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of said 31.74 acre tract, to a 1/2" iron rod found for corner in the |
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South line of a called 1.810 acre tract conveyed to the City of |
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Angleton by deed recorded in File 1997-022173 of the Official |
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Records of Brazoria County, Texas; |
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THENCE; North 88° 30' 36" East 747.51 feet, along the south |
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line of said 1.810 acre tract, to a 1/2" iron rod found for angle |
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point; |
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THENCE; North 88° 36' 36" East 1088.22 feet, along the South |
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line of said called 1.810 acre tract, to a 1/2" iron rod found for |
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corner at the Southeast corner of said called 1.810 acre tract; said |
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rod also being in the West line of a called nine acre tract conveyed |
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to Brazoria County by deed recorded in Volume 35, Page 457 of the |
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Deed Records of Brazoria County, Texas; |
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THENCE; South 0° 33' 01" East, along the West line of said nine |
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acre tract, at 4.96 feet pass a 1/2" iron rod found marking the |
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Southwest corner of a 0.269 acre tract out of said nine acre tract, |
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and continue to a total distance of 967.82 feet to a 1/2" iron rod |
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found for corner at the Southwest corner of said nine acre tract; |
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THENCE; South 89° 59' 36" East 248.07 feet, along the South |
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line of said nine acre tract, to a 1/2" iron rod found for corner at |
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the intersection of said South line with the West right-of-way line |
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of the State Highway 288 Freeway; |
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THENCE; South 0° 00' 52" West 324.64 feet, along the West |
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right-of-way line of the State Highway 288 Freeway, to a concrete |
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right-of-way monument found for angle point; |
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THENCE; South 0° 05' 06" West 1000.53 feet, along the West |
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right-of-way line of the State Highway 288 Freeway, to a concrete |
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right-of-way monument found for angle point; |
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THENCE; South 0° 23' 56" East 373.19 feet, along the West |
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right-of-way line of the State Highway 288 Freeway, to a 1/2" iron |
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rod found for corner in the North line of the Andrew Roberts labor, |
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Abstract 363; |
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THENCE; South 89° 19' 51" West 2328.77 feet, along the north |
|
line of the Andrew Roberts Labor, Abstract 363, to a 1/2" iron pipe |
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found marking the Northeast corner of a 91.41 acre tract out of said |
|
Abstract 363; |
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THENCE; South 88° 13' West 19.60 feet, along the North line of |
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said 91.41 acre tract, and the North line of the Andrew Roberts |
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Labor, Abstract 363, to a 1/2" iron rod found for corner in the East |
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line of a 75 foot Drainage Easement (2.89 acres) as described in a |
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deed recorded in File 2013-033166 of the Official Records of |
|
Brazoria County, Texas; |
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THENCE; North 0° 08' 09" East, along the East line of said 75 |
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foot Drainage Easement, for a distance of a 1397.41 feet to a 1/2" |
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iron rod found for angle point in the East line of said 75 foot |
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Drainage Easement; |
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THENCE; North 17° 51' 44" West 242.73 feet, along the East |
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line of said 75 foot Drainage Easement, to a 1/2" iron rod found for |
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corner ibn the West line of said 134.73 acre tract; said rod also |
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being in the West line of the Jose de Jesus Valderas Survey, |
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Abstract 380, and the East line of the William Roberts League, |
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Abstract 124; |
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THENCE; North 0° 08' 09" East 86.89 feet, along the West line |
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of said 134.73 acre tract, to the place of beginning |
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Said tract therein containing 132.13 acres of land. |
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The reference bearing for this survey is the North line of the |
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S. J. Jamison 100 acre tract in the William Roberts League, Abstract |
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124, as described in a deed recorded in Volume 578, Page 443 of the |
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Deed Records of Brazoria County, Texas. The bearing of the North |
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line, for reference, is South 89° 47' West. |
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SECTION 3. (a) The legal notice of the intention to |
|
introduce this Act, setting forth the general substance of this |
|
Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
|
officials, or entities to which they are required to be furnished |
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
Government Code. |
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(b) The governor, one of the required recipients, has |
|
submitted the notice and Act to the Texas Commission on |
|
Environmental Quality. |
|
(c) The Texas Commission on Environmental Quality has filed |
|
its recommendations relating to this Act with the governor, the |
|
lieutenant governor, and the speaker of the house of |
|
representatives within the required time. |
|
(d) All requirements of the constitution and laws of this |
|
state and the rules and procedures of the legislature with respect |
|
to the notice, introduction, and passage of this Act are fulfilled |
|
and accomplished. |
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SECTION 4. (a) If this Act does not receive a two-thirds |
|
vote of all the members elected to each house, Subchapter C, Chapter |
|
8099, Special District Local Laws Code, as added by Section 1 of |
|
this Act, is amended by adding Section 8099.0306 to read as follows: |
|
Sec. 8099.0306. NO EMINENT DOMAIN POWER. The district may |
|
not exercise the power of eminent domain. |
|
(b) This section is not intended to be an expression of a |
|
legislative interpretation of the requirements of Section 17(c), |
|
Article I, Texas Constitution. |
|
SECTION 5. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |