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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 Fort Bend County Municipal Utility |
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District No. 249; 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 7904A to read as follows: |
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CHAPTER 7904A. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT |
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NO. 249 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 7904A.0101. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "City" means the City of Fulshear, Texas. |
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(3) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(4) "Director" means a board member. |
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(5) "District" means the Fort Bend County Municipal |
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Utility District No. 249. |
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Sec. 7904A.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. 7904A.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. 7904A.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section |
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7904A.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. 7904A.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. 7904A.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. 7904A.0201. GOVERNING BODY; TERMS. (a) The district |
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is governed by a board of five elected directors. |
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(b) Except as provided by Section 7904A.0202, directors |
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serve staggered four-year terms. |
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Sec. 7904A.0202. TEMPORARY DIRECTORS. (a) On or after the |
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effective date of the Act enacting this chapter, the owner or owners |
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of a majority of the assessed value of the real property in the |
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district may submit a petition to the commission requesting that |
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the commission appoint as temporary directors the five persons |
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named in the petition. The commission shall appoint as temporary |
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directors the five persons named in the petition. |
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(b) Temporary directors serve until the earlier of: |
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(1) the date permanent directors are elected under |
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Section 7904A.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 7904A.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 7904A.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. 7904A.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. 7904A.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. 7904A.0303. AUTHORITY FOR ROAD PROJECTS. Under |
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Section 52, Article III, Texas Constitution, the district may |
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design, acquire, construct, finance, issue bonds for, improve, |
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operate, maintain, and convey to this state, a county, or a |
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municipality for operation and maintenance macadamized, graveled, |
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or paved roads, or improvements, including storm drainage, in aid |
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of those roads. |
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Sec. 7904A.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. 7904A.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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Sec. 7904A.0306. PUBLIC INFORMATION. (a) The district |
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shall maintain an Internet website. |
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(b) The board shall make available on the district's |
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Internet website the information required under Section 26.18, Tax |
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Code. |
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SUBCHAPTER D. BONDS AND OTHER OBLIGATIONS |
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Sec. 7904A.0401. 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. 7904A.0402. 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. 7904A.0403. 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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Sec. 7904A.0404. CONSENT OF MUNICIPALITY AND DEVELOPMENT |
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AGREEMENT REQUIRED. (a) The temporary directors may not hold an |
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election to authorize the issuance of bonds until: |
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(1) the governing body of the city by ordinance or |
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resolution consents to the creation of the district and to the |
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inclusion of land in the district; and |
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(2) the district, the city, and the owner or owners of |
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a majority of the assessed value of real property in the district |
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negotiate and execute a mutually approved and accepted development |
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and operating agreement, including any limitations imposed by the |
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city. |
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(b) The city's consent under Subsection (a) must be granted |
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in the manner provided by Section 54.016, Water Code, for including |
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land within the corporate limits or extraterritorial jurisdiction |
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of a city. |
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SECTION 2. The Fort Bend County Municipal Utility District |
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No. 249 initially includes all the territory contained in the |
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following area: |
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Tract 1 |
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Being a tract containing 58.07 acres of land located in the William |
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Andrews League, Abstract No. 3, in Fort Bend County, Texas. Said |
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58.07 acres being a call 58.09 acre tract of land recorded in the |
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name of HVM Partners, L.P. under Fort Bend County Clerk's File |
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No. 2006046902. Said 58.07 acres of land being more particularly |
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described by metes and bounds as follows (Bearings are referenced |
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to the Texas Coordinate System of 1983, South Central Zone, as |
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derived from GPS observations): |
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BEGINNING at a 1 inch iron pipe found at the northeast corner of |
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said 58.09 acre tract, the southeast corner of a call 12.525 acre |
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tract of land recorded in the name of Mason Briscoe III and Dee |
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Briscoe under Volume 609, Page 690 of the Fort Bend County Deed |
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Records (F.B.C.D.R.) and being on the west right-of-way (R.O.W.) |
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line of F.M. Highway 723 (call 120-foot wide; occupied width |
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varies), from which a 1/2 inch iron pipe found at the northeast |
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corner of said 12.525 acre tract and intersection of said west |
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R.O.W. with the south R.O.W. line of Beadle Road (occupied width |
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varies) bears North 02 degrees 20 minutes 36 seconds West, a |
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distance of 627.92 feet; |
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THENCE, with said west R.O.W. line, South 02 degrees 20 minutes 36 |
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seconds East (call South 00 degrees 16 minutes 50 seconds West), a |
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distance of 1,564.34 feet (call 1,563.07 feet) to a 1/2 inch iron |
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rod found at the common east corner of said 58.09 acre tract and a |
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call 57.34 acre tract of land recorded in the name of Evelyn |
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Huntington under F.B.C.C.F. No. 2014103478 from which a concrete |
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monument found at an angle point in said west R.O.W. line bears |
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South 02 degrees 20 minutes 36 seconds East, a distance of 359.15 |
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feet; |
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THENCE, with the common line between said 58.09 acre and 57.34 acre |
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tracts, South 87 degrees 54 minutes 04 seconds West (call North 89 |
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degrees 28 minutes 30 seconds West), a distance of 1,618.39 feet |
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(call 1,620.07 feet) to the common west corner of said 58.09 acre |
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and 57.34 acre tracts, being on the east line of a call 1,410.69 |
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acre tract of land, styled as "Second Tract", recorded in the name |
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of Foster Farms, Inc. under Volume 362, Page 549 of the F.B.C.D.R., |
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and the common line between said Andrews League and the John Foster |
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2-1/2 League Grant, A-26, Fort Bend County, Texas, from which point |
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a 1/2 inch iron pipe found bears South 87 degrees 54 minutes 04 |
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seconds West, a distance of 0.45 feet; |
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THENCE, with said east line and said common league line, North 02 |
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degrees 18 minutes 47 seconds West (call North 00 degrees 22 minutes |
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00 seconds East), a distance of 1,562.53 feet (call 1,563.05 feet) |
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to a 1/2 inch iron pipe found at the common west corner of said 58.09 |
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acre tract and a call 12.525 acre tract of land recorded in the name |
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of Mason Briscoe III and Dee Briscoe under Volume 1118, Page 817 of |
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the F.B.C.D.R.; |
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THENCE, with the common line between said 58.09 acre and 12.525 acre |
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tracts and the south line of the aforesaid 12.525 acre tract, North |
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87 degrees 50 minutes 13 seconds East (call South 89 degrees 28 |
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minutes 30 seconds East), a distance of 1,617.56 feet (call |
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1,617.72 feet) to the POINT OF BEGINNING and containing 58.07 acres |
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of land. |
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Tract 2 |
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Being a tract containing 57.22 acres of land located in the William |
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Andrews League, Abstract No. 3, in Fort Bend County, Texas. Said |
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57.22 acres being a call 57.34 acre tract of land recorded in the |
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name of Evelyn Huntington under Fort Bend County Clerk's File |
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No. 2014103478. Said 57.22 acres of land being more particularly |
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described by metes and bounds as follows (Bearings are referenced |
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to the Texas Coordinate System of 1983, South Central Zone, as |
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derived from GPS observations): |
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BEGINNING at a 1/2 inch iron pipe found at the northeast corner of |
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said 57.34 acre tract, the southeast corner of a call 58.09 acre |
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tract of land recorded in the name of HVM Partners, L.P. under |
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F.B.C.C.F. No. 2006046902 and being on the west right-of-way |
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(R.O.W.) line of F.M. Highway 723 (call 120-foot wide; occupied |
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width varies), from which a 1 inch iron pipe found at the northeast |
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corner of said 58.09 acre tract and the southeast corner of a call |
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12.525 acre tract of land recorded in the name of Mason Briscoe III |
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and Dee Briscoe under Volume 609, Page 690 of the Fort Bend County |
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Deed Records (F.B.C.D.R.) bears North 02 degrees 20 minutes 36 |
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seconds West, a distance of 1,564.34 feet; |
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THENCE, with said west R.O.W. line, the following two (2) courses: |
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1.) South 02 degrees 20 minutes 36 seconds East (call South 00 |
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degrees 16 minutes 50 seconds East), a distance of 359.15 feet to a |
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concrete monument found; |
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2.) South 02 degrees 19 minutes 49 seconds East (call South 00 |
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degrees 14 minutes 10 seconds West), a distance of 308.87 feet to a |
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1/2 inch iron rod found at the most easterly northeast corner of a |
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call 0.7397 acre tract of land recorded in the name of Mary Claire |
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Huntington in Volume 2271, Page 469 of the F.B.C.D.R.; |
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THENCE, with the north, west and south lines of said 0.7397 acre |
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tract, the following nine (9) courses: |
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1.) South 87 degrees 44 minutes 59 seconds West (call North 89 |
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degrees 45 minutes 50 seconds West), a distance of 227.58 feet (call |
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227.60 feet) to a 1/2 inch iron pipe found; |
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2.) North 09 degrees 20 minutes 20 seconds West (call North 06 |
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degrees 45 minutes 50 seconds West), a distance of 73.12 feet (call |
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73.48 feet) to a 1/2 inch iron pipe found; |
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3.) South 63 degrees 43 minutes 26 seconds West (call South 65 |
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degrees 45 minutes West), a distance of 140.27 feet (call 140.05 |
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feet) to a 5/8 inch capped iron rod stamped "GBI Partners" set; |
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4.) South 17 degrees 42 minutes 21 seconds West (call South 20 |
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degrees 31 minutes 10 seconds West), a distance of 110.75 feet to a |
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1/2 inch iron pipe found; |
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5.) South 10 degrees 07 minutes 39 seconds East (call South 07 |
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degrees 18 minutes 15 seconds East), a distance of 59.05 feet (call |
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59.0 feet) to a 1/2 inch iron pipe found; |
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6.) North 85 degrees 33 minutes 05 seconds East (call North 88 |
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degrees East), a distance of 81.73 feet (call 82.32 feet) to a 1/2 |
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inch iron pipe found; |
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7.) North 65 degrees 13 minutes 35 seconds East (call North 67 |
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degrees 24 minutes 10 seconds East), a distance of 105.65 feet (call |
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105.75 feet) to a 1/2 inch iron pipe found; |
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8.) North 09 degrees 08 minutes 49 seconds West (call North 06 |
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degrees 45 minutes 50 seconds West), a distance of 89.33 feet (call |
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88.89 feet) to a 1/2 inch iron pipe found; |
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9.) North 87 degrees 42 minutes 39 seconds East (call South 89 |
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degrees 45 minutes 50 seconds West), a distance of 225.90 feet (call |
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225.76 feet) to a 1/2 inch iron pipe found at the most easterly |
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southeast corner of said 0.7397 acre tract and being on the |
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aforesaid west R.O.W. line of F.M. Highway 723; |
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THENCE, with said west R.O.W. line, South 02 degrees 19 minutes 49 |
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seconds East (call South 00 degrees 14 minutes 10 seconds West), a |
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distance of 877.24 feet to a 1/2 inch iron rod found at the common |
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east corner of said 57.34 acre tract and a call 30.00 acre tract of |
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land recorded in the name of Evelyn Huntington under F.B.C.C.F. |
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No. 2014103447; |
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THENCE, with the common line between said 57.34 acre and 30.00 acre |
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tracts, South 87 degrees 54 minutes 34 seconds West (call North 89 |
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degrees 28 minutes 30 seconds West), a distance of 1,618.94 feet |
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(call 1,623.30 feet) to a 1/2 inch iron pipe found at the common |
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west corner of said 57.34 acre and 30.00 acre tracts, being on the |
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east line of a call 1,410.69 acre tract of land, styled as "Second |
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Tract", recorded in the name of Foster Farms, Inc. under Volume 362, |
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Page 549 of the F.B.C.D.R., and the common line between said Andrews |
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League and the John Foster 2-1/2 League Grant, A-26, Fort Bend |
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County, Texas, from which a 1/2 inch iron pipe found at the |
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southwest corner of said 30.00 acre tract bears South 02 degrees 18 |
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minutes 47 seconds East, a distance of 805.73 feet; |
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THENCE, with said east line and said common league line, North 02 |
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degrees 18 minutes 47 seconds West (call North 00 degrees 22 minutes |
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00 seconds East), a distance of 1,559.73 feet (call 1,560.41 feet) |
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to a 1/2 inch iron pipe found at the common west corner of said 57.34 |
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acre and aforesaid 58.09 acre tract from which point a 1/2 inch iron |
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pipe found bears South 87 degrees 54 minutes 04 seconds West, a |
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distance of 0.45 feet; |
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THENCE, with the common line between said 57.34 acre and 58.09 acre |
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tracts, North 87 degrees 54 minutes 04 seconds East (call South 89 |
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degrees 28 minutes 30 seconds East), a distance of 1,618.39 feet |
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(call 1,620.07 feet) to the POINT OF BEGINNING and containing 57.22 |
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acres of land. |
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Tract 3 |
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Being a tract containing 0.739 acres of land located in the William |
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Andrews League, Abstract No. 3, in Fort Bend County, Texas. Said |
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0.739 acres being a call 0.7397 acre tract of land recorded in the |
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name of Mary Claire Huntington under Volume 2271, Page 469 of the |
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Fort Bend County Deed Records (F.B.C.D.R.). Said 0.739 acres of |
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land being more particularly described by metes and bounds as |
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follows (Bearings are referenced to the Texas Coordinate System of |
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1983, South Central Zone, as derived from GPS observations): |
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BEGINNING at a 1/2 inch iron pipe found at most easterly southeast |
|
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corner of said 0.7397 acre tract and being on the west right-of-way |
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(R.O.W.) line of F.M. Highway 723 (call 120-foot wide; occupied |
|
|
width varies), from which a 1/2 inch iron pipe found on said west |
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R.O.W. line and at the common east corner of call 30.00 acre and |
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57.34 acre tracts of land recorded in the name of Evelyn Huntington |
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under Fort Bend County Clerk's File No. 2014103477 and 2014103478, |
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respectively, bears South 02 degrees 19 minutes 49 seconds East, a |
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distance of 877.24 feet; |
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THENCE, with the south, west and north lines of said 0.7397 acre |
|
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tract, the following nine (9) courses: |
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1.) South 87 degrees 42 minutes 39 seconds West (call North 89 |
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degrees 45 minutes 50 seconds West), a distance of 225.90 feet (call |
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225.76 feet) to a 1/2 inch iron pipe found; |
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2.) South 09 degrees 08 minutes 49 seconds East (call South 09 |
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degrees 08 minutes 49 seconds East), a distance of 89.33 feet (call |
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89.89 feet) to a 1/2 inch iron pipe found; |
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3.) South 65 degrees 13 minutes 35 seconds West (call South 67 |
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degrees 24 minutes 10 seconds West), a distance of 105.65 feet (call |
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105.75 feet) to a 1/2 inch iron pipe found; |
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4.) South 85 degrees 33 minutes 05 seconds West (call South 88 |
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degrees West), a distance of 81.73 feet (call 82.32 feet) to a 1/2 |
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inch iron pipe found; |
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5.) North 10 degrees 07 minutes 39 seconds West (call North 07 |
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degrees 18 minutes 15 seconds West), a distance of 59.05 feet (call |
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59.0 feet) to a 1/2 inch iron pipe found; |
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6.) North 17 degrees 42 minutes 21 seconds East (call North 20 |
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degrees 31 minutes 10 seconds East), a distance of 110.75 feet to a |
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5/8 inch capped iron rod stamped "GBI Partners" set; |
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7.) North 63 degrees 43 minutes 26 seconds East (call North 65 |
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degrees 45 minutes East), a distance of 140.27 feet (call 140.05 |
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feet) to a 1/2 inch iron pipe found; |
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8.) South 09 degrees 20 minutes 20 seconds East (call South 06 |
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degrees 45 minutes 50 seconds East), a distance of 73.12 feet (call |
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73.48 feet) to a 1/2 inch iron pipe found; |
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9.) North 87 degrees 44 minutes 59 seconds East (call South 89 |
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degrees 45 minutes 50 seconds East), a distance of 227.58 feet (call |
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227.60 feet) to a 1/2 inch iron pipe found at the most easterly |
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northeast corner of said 0.7397 acre tract and being on the |
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aforesaid west R.O.W. line of F.M. Highway 723 from which a concrete |
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monument found on said west R.O.W. line bears North 02 degrees 19 |
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minutes 49 seconds West, a distance of 308.87 feet; |
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THENCE, with said west R.O.W. line, South 02 degrees 19 minutes 49 |
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seconds East (call South 00 degrees 14 minutes 10 seconds West), a |
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distance of 14.71 feet (call 15.0 feet) to the POINT OF BEGINNING |
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and containing 0.739 acres of land. |
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Tract 4 |
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Being a tract containing 29.93 acres of land located in the William |
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Andrews League, Abstract No. 3, in Fort Bend County, Texas. Said |
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|
29.93 acres being a call 30.00 acre tract of land recorded in the |
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name of Evelyn Huntington under Fort Bend County Clerk's File |
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No. 2014103477. Said 29.93 acres of land being more particularly |
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|
described by metes and bounds as follows (Bearings are referenced |
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|
to the Texas Coordinate System of 1983, South Central Zone, as |
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|
derived from GPS observations): |
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BEGINNING at a 1/2 inch iron pipe found at the northeast corner of |
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said 30.00 acre tract, the southeast corner of a call 57.34 acre |
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|
tract of land recorded in the name of Evelyn Huntington under |
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|
F.B.C.C.F. No. 2014103478 and being on the west right-of-way |
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|
(R.O.W.) line of F.M. Highway 723 (call 120-foot wide; occupied |
|
|
width varies), from which a 1/2 inch iron pipe found on said west |
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|
R.O.W. line and at the most easterly southeast corner of a call |
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|
0.7397 acre tract of land recorded in the name of Mary Claire |
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|
Huntington in Volume 2271, Page 469 of the Fort Bend County Deed |
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|
Records ( F.B.C.D.R.) bears North 02 degrees 19 minutes 49 seconds |
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West, a distance of 877.24 feet; |
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|
THENCE, with said west R.O.W. line, the following two (2) courses: |
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1.) South 02 degrees 19 minutes 49 seconds East (call South 00 |
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|
degrees 14 minutes 10 seconds West), a distance of 785.48 feet (call |
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|
785.45 feet) to a 5/8 inch capped iron rod stamped "GBI Partners" |
|
|
set; |
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|
2.) South 02 degrees 44 minutes 20 seconds East (call South 00 |
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|
degrees 14 minutes 40 seconds West), a distance of 19.25 feet (call |
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|
19.14 feet) to a 1/2 inch iron rod found at common east corner of |
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|
said 30.00 acre tract and a call 6.5331 acre tract of land recorded |
|
|
in the name of Denise K. Heibel under F.B.C.C.F. No. 9818471 from |
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|
which a 1/2 inch iron pipe found on said west R.O.W. line bears |
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|
South 02 degrees 44 minutes 20 seconds East, a distance of 59.79 |
|
|
feet; |
|
|
THENCE, with the common line between said 30.00 acre and 6.5331 acre |
|
|
tracts, South 87 degrees 52 minutes 26 seconds West (call North 89 |
|
|
degrees 28 minutes 30 seconds West), a distance of 1,619.31 feet |
|
|
(call 1,625.13 feet) to a 1/2 inch iron pipe found at the common |
|
|
west corner of said 30.00 acre and 6.5331 acre tracts, being on the |
|
|
east line of a call 1,410.69 acre tract of land, styled as "Second |
|
|
Tract", recorded in the name of Foster Farms, Inc. under Volume 362, |
|
|
Page 549 of the F.B.C.D.R., and the common line between said Andrews |
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|
League and the John Foster 2-1/2 League Grant, A-26, Fort Bend |
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|
County, Texas; |
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|
THENCE, with said east line and said common league line, North 02 |
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|
degrees 18 minutes 47 seconds West (call North 00 degrees 22 minutes |
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|
00 seconds East), a distance of 805.73 feet (call 804.58 feet) to a |
|
|
1/2 inch iron pipe found at the common west corner of said 30.00 |
|
|
acre and aforesaid 57.34 acre tract; |
|
|
THENCE, with the common line between said 30.00 acre and 57.34 acre |
|
|
tracts, North 87 degrees 54 minutes 34 seconds East (call South 89 |
|
|
degrees 28 minutes 30 seconds East), a distance of 1,618.94 feet |
|
|
(call 1,623.30 feet) to the POINT OF BEGINNING and containing 29.93 |
|
|
acres of land. |
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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 |
|
|
copy of this Act have been furnished to all persons, agencies, |
|
|
officials, or entities to which they are required to be furnished |
|
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
|
Government Code. |
|
|
(b) The governor, one of the required recipients, has |
|
|
submitted the notice and Act to the Texas Commission on |
|
|
Environmental Quality. |
|
|
(c) The Texas Commission on Environmental Quality has filed |
|
|
its recommendations relating to this Act with the governor, the |
|
|
lieutenant governor, and the speaker of the house of |
|
|
representatives within the required time. |
|
|
(d) All requirements of the constitution and laws of this |
|
|
state and the rules and procedures of the legislature with respect |
|
|
to the notice, introduction, and passage of this Act are fulfilled |
|
|
and accomplished. |
|
|
SECTION 4. (a) If this Act does not receive a two-thirds |
|
|
vote of all the members elected to each house, Subchapter C, Chapter |
|
|
7904A, Special District Local Laws Code, as added by Section 1 of |
|
|
this Act, is amended by adding Section 7904A.0307 to read as |
|
|
follows: |
|
|
Sec. 7904A.0307. 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 |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2021. |