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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 Firefly Municipal Utility District |
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No. 1; granting a limited power of eminent domain; providing |
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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 7985A to read as follows: |
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CHAPTER 7985A. FIREFLY MUNICIPAL UTILITY DISTRICT NO. 1 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 7985A.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 Firefly Municipal Utility |
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District No. 1. |
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Sec. 7985A.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. 7985A.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. 7985A.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section |
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7985A.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 as required by |
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applicable law. |
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Sec. 7985A.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. 7985A.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. 7985A.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 7985A.0202, directors |
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serve staggered four-year terms. |
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Sec. 7985A.0202. TEMPORARY DIRECTORS. (a) The temporary |
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board consists of: |
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(1) Mike Terechenok; |
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(2) Bryan D. Kinsler; |
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(3) Donnie Reed; |
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(4) Walker French; and |
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(5) Mark C. Hodges. |
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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 7985A.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 7985A.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 7985A.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. 7985A.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. 7985A.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. 7985A.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. 7985A.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. 7985A.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. 7985A.0306. DIVISION OF DISTRICT. (a) The board, on |
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its own motion or on receipt of a petition signed by the owner or |
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owners of a majority of the assessed value of the real property in |
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the district, may adopt an order dividing the district. |
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(b) An order dividing a district may create one or more new |
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districts and may provide for the continuation of the district. |
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(c) An order dividing the district shall: |
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(1) name any new district; |
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(2) include the metes and bounds description of the |
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territory of each of the districts; |
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(3) appoint temporary directors for any new district; |
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and |
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(4) provide for the division of assets and liabilities |
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between the districts. |
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(d) The board may adopt an order dividing the district |
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before or after the date the board holds an election to confirm the |
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district's creation. |
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(e) The district may be divided only if the district: |
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(1) has never issued any bonds; and |
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(2) is not imposing ad valorem taxes. |
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(f) A new district created by the division of the district |
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may not, at the time the new district is created, contain any land |
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outside the area described by Section 2 of the Act enacting this |
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chapter. |
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(g) On or before the 30th day after the date of adoption of |
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an order dividing the district, the district shall file the order |
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with the commission and record the order in the real property |
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records of each county in which the district is located. |
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(h) This chapter applies to any new district created by the |
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division of the district, and a new district has all the powers and |
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duties of the district. |
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(i) A new district created by the division of the district |
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shall hold a confirmation and directors' election. |
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(j) If the creation of the new district is confirmed, the |
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new district shall provide the election date and results to the |
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commission. |
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(k) A new district created by the division of the district |
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must hold an election as required by this chapter to obtain voter |
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approval before the district may impose a maintenance tax or issue |
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bonds payable wholly or partly from ad valorem taxes. |
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(l) The district may continue to rely on confirmation, |
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directors', bond, or tax elections held prior to the division. |
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(m) Municipal consent to the creation of the district and to |
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the inclusion of land in the district acts as municipal consent to |
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the creation of any new district created by the division of the |
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district and to the inclusion of land in the new district. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 7985A.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 |
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7985A.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. 7985A.0402. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 7985A.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. 7985A.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. 7985A.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. 7985A.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. 7985A.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 Firefly Municipal Utility District No. 1 |
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initially includes all the territory contained in the following |
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area: |
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A METES & BOUNDS description of a calculated 2,454 acre tract |
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of land situated in the Walker County School Land Survey, Abstract |
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No. 494, the Michael H. Hinch Survey, Abstract No. 253, and the |
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Presley Gill Survey, Abstract No. 230, in Montgomery County, Texas, |
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being all of a calculated 2,540 acre tract (Tract 1), being a |
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portion of a called 3,045.032 acre tract conveyed to East |
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Montgomery Acquisition Company LLC, a Texas limited liability |
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company, by deed recorded in Clerk's File No. 2021177868, |
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Montgomery County Official Public Records, being all of a called |
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5.00 acre tract conveyed to East Montgomery Acquisition Company |
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LLC, a Texas limited liability company, by deed recorded in Clerk's |
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File No. 2021177867, Montgomery County Official Public Records, |
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and being all of a called 4.709 acre tract conveyed to East |
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Montgomery Acquisition Company LLC, a Texas limited liability |
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company, by deed recorded in Clerk's File No. 2023003933, |
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Montgomery County Official Public Records, save and except a |
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calculated 20.720 acre tract (Tract 2), being all of called Tract |
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Nos. Thirty-Five (35) and Forty-Three (43), of Section 4 of |
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Security Subdivision according to the plat thereof recorded in |
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Volume 1, Page 23, Montgomery County Deed Records, conveyed to John |
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Schneider by deed recorded in Volume 85, Page 230, Montgomery |
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County Deed Records, and being all of called Tract Nos. Fifty-One |
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(51) and Fifty-Nine (59), of Section 4 of Security Subdivision |
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according to the plat thereof recorded in Volume 1, Page 23, |
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Montgomery County Deed Records, conveyed to Rita S. Wolven and |
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Margy A. Long by deed recorded in Clerk's File No. 9534020, |
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Montgomery County Official Public Records of Real Property, save |
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and except a calculated 10.087 acre tract (Tract 3), being all of |
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called Tract Nos. Seventy (70) and Seventy-Eight (78), of Section 4 |
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of Security Subdivision according to the plat thereof recorded in |
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Volume 1, Page 23, Montgomery County Deed Records, conveyed to |
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Eleanore Triplett by deed recorded in Clerk's File No. 7930998, |
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Montgomery County Deed Records, save and except a calculated 20.02 |
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acre tract (Tract 4), being all of a called 10.0 acre tract conveyed |
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to Splendora Independent School District by deed recorded in |
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Clerk's File No. 2013090370, Montgomery County Official Public |
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Records, and being all of called 10.0 acre tract conveyed to Jack W. |
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Mayo, Jr. by deed recorded in Clerk's File No. 7829854, Montgomery |
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County Official Public Records of Real Property, save and except a |
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calculated 10.000 acre tract (Tract 5), being all of called Tract |
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Numbers (114) and (122), of Section 4 of Security Subdivision |
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according to the plat thereof recorded in Volume 1, Page 23, |
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Montgomery County Deed Records, conveyed to Dana Lynn Sprayberry by |
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deed recorded in Clerk's File No. 2000-072045, Montgomery County |
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Official Public Records of Real Property, save and except a |
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calculated 10.00 acre tract (Tract 6), being all of called Tract |
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Twenty-Two (22), of Section 5 of Security Subdivision according to |
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the plat thereof recorded in Volume 1, Page 23, Montgomery County |
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Deed Records, conveyed to John F. Darst by deed recorded in Clerk's |
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File No. 2014005435, Montgomery County Official Public Records, |
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save and except a calculated 10.05 acre tract (Tract 7), being all |
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of called Lots One (1) and Two (2), of Section 6 of Security |
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Subdivision according to the plat thereof recorded in Volume 1, |
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Page 23, Montgomery County Deed Records, conveyed to Milton Howard |
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Sands, Jr. by deed recorded in Clerk's File No. 8842100, Montgomery |
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County Official Public Records of Real Property, and save and |
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except a calculated 5.009 acre tract (Tract 8), being all of a |
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called 5.000 acre tract conveyed to Bill Ellison by deed recorded in |
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Clerk's File No. 2018004658, Montgomery County Official Public |
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Records; said calculated 2,454 acre tract of land being more |
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particularly described in eight parts as follows: |
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TRACT 1: |
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A METES & BOUNDS description of a certain 2,540 acre |
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(110,650,140 square feet) tract of land situated in the Walker |
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County School Land Survey, Abstract No. 494, the Michael H. Hinch |
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Survey, Abstract No. 253, and the Presley Gill Survey, Abstract |
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No. 230, in Montgomery County, Texas, being a portion of a called |
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3,045.032 acre tract conveyed to East Montgomery Acquisition |
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Company LLC, a Texas limited liability company, by deed recorded in |
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Clerk's File No. 2021177868, Montgomery County Official Public |
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Records, being all of a called 5.00 acre tract conveyed to East |
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Montgomery Acquisition Company LLC, a Texas limited liability |
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company, by deed recorded in Clerk's File No. 2021177867, |
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Montgomery County Official Public Records, and being all of a |
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called 4.709 acre tract conveyed to East Montgomery Acquisition |
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Company LLC, a Texas limited liability company, by deed recorded in |
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Clerk's File No. 2023003933, Montgomery County Official Public |
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Records; said 2,540 acre (110,650,140 square feet) tract of land |
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being more particularly described as follows with all bearings |
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being based on said deed recorded in Clerk's File No. 2021177868, |
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Montgomery County Official Public Records: |
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BEGINNING at the southeast corner of that certain tract |
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described in instrument to Shirley Gay, recorded under Clerk's File |
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Number 8121692, Real Property Records of Montgomery County, Texas |
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(R.P.R.M.C.T.); |
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THENCE South 03°11'09" East, 959.24 feet, with the apparent |
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common line between said Hinch Survey and the Presley Gill Survey, |
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Abstract Number 230, the westerly line of that certain called 20.00 |
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acre tract described in instrument to Henry A. Butcher, recorded |
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under Clerk's File Number 2003068544, Official Public Records of |
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Montgomery County, Texas (O.P.R.M.C.T.) and the remainder of that |
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certain called 20.00 acre tract described in instrument to George |
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Anthony Cleary, recorded under Clerk's File No. 2010043083, |
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O.P.R.M.C.T., common to an easterly line of that certain 2,396.371 |
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acre tract described as "Parcel 2, Tract 2" in instrument to |
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Atakapa, LLC., recorded under Clerk's File Number 2013016070 |
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(O.P.R.M.C.T.), to a point for the common westerly corner of that |
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certain called 1711.54 acre tract described as "Tract 1" in |
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instrument to Atakapa, LLC., recorded under Clerk's File Number |
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2013016070 (O.P.R.M.C.T.) and the remainder of said Cleary 20.00 |
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acre tract, being an interior corner of said 3045.032 acre tract; |
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THENCE North 86°40'19" East, with the common line between said |
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Tract 1 and the remainder of said Cleary 20.00 acre tract, 1321.82 |
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feet, to a point in the approximate centerline of Daw Collins Road |
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for the northerly northeast corner of said Tract 1, being a |
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northeasterly corner of said 3045.032 acre tract; |
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THENCE South 20°15'23" West, 6489.04 feet, with the |
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approximate centerline of said Daw Collins Road, a southeasterly |
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line of said Tract 1, to a point in the approximate centerline of |
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said Daw Collins Road for a southeasterly corner of said Tract 1 and |
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said 3045.032 acre tract; |
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THENCE with the common line between said Parcel 2, Tract 2, |
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that certain called 2.3540 acre tract described as "Tract 5", that |
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certain called 2.3540 acre tract described as "Tract 1", that |
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certain called 3.531 acre tract described as "Tract 4", that |
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certain called 3.531 acre tract described as "Tract 3", all in |
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instrument to Willene Wells, recorded under Clerk's File Number |
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2020102236, O.P.R.M.C.T., that certain called 5.37 acre tract |
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described in instrument to Tony M. Nelson and Colleen O. Nelson, |
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recorded under Clerk's File Number 8616675, R.P.R.M.C.T., that |
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certain called 1.6695 acre tract described in instrument to David |
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Michael Fortson, recorded under Clerk's File Number 2002-058180, |
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O.P.R.M.C.T., that certain called 2 acre tract described in |
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instrument to Robert G. Wear, recorded under Clerk's File Number |
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2013101034, O.P.R.M.C.T., that certain called 0.771 acre tract |
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described in instrument to David Lippoldt and Kanwal Ghaznavi, |
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recorded under Clerk's File Number 2021079078, O.P.R.M.C.T., that |
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certain called 2 acre tract described in instrument to Kristina Ann |
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Wear, recorded under Clerk's File Number 2018085170, O.P.R.M.C.T., |
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that certain called 5.01 acre tract described as "Tract One", that |
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certain called 7.39 acre tract described as "Tract Two", both in |
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instrument to Stanley Maurice Wiggins, recorded under Clerk's File |
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Number 2006-009852, O.P.R.M.C.T., that certain called 5.462 acre |
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tract described in instrument to Walter R. Ritchie and Sheri L. |
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Ritchie, recorded under Clerk's File Number 99102906, |
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R.P.R.M.C.T., that certain called 5.315 acre tract described as |
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"Tract One" in instrument to Ronald D. Dacus, Jr., and Stephanie E. |
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Dacus, recorded under Clerk's File Number 2014006911, |
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O.P.R.M.C.T., that certain called 5.315 acre tract described in |
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instrument to Steven Hansen, recorded under Clerk's File Number |
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9148377, R.P.R.M.C.T., that certain called 5.315 acre tract |
|
described in instrument to Steve Hansen and Tracy Hansen, recorded |
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under Clerk's File Number 2001-031281, O.P.R.M.C.T., that certain |
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called 5.310 acre tract described in instrument to Steven Hansen |
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and Becky Hansen, recorded under Clerk's File Number 2016068815, |
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O.P.R.M.C.T., that certain called 5.2970 acre tract described in |
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instrument to Benjamin E. Pope and Angelina M. Pope, recorded under |
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Clerk's File Number 2016092968, O.P.R.M.C.T., that certain called |
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3.2957 acre tract described in instrument to Douglas A. Hansen and |
|
Kimberly S. Hansen, recorded under Clerk's File Number 2008-091402, |
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O.P.R.M.C.T., that certain called 11.0415 acre tract described in |
|
instrument to Douglas Alan Hansen and Kimberly Suzanne Hansen, |
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recorded under Clerk's File Number 9657453, R.P.R.M.C.T., that |
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certain called 2.008 acre tract described in instrument to Douglas |
|
A. Hansen and Kimberly S. Hansen, recorded under Clerk's File |
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Number 2015035058, O.P.R.M.C.T., that certain called 10.697 acre |
|
tract described in instrument to Douglas A. Hansen and Kimberly S. |
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Hansen, recorded under Clerk's File Number 2016094339, |
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O.P.R.M.C.T., that certain called 10.78 acre tract described in |
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instrument to Gerald Lloyd Helms and Robin Lynn Helms, recorded |
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under Clerk's File Number 2006-009851, O.P.R.M.C.T., that certain |
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called 4.7941 acre tract described as "Tract One" in instrument to |
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James A. Boucher and Dorothy S. Boucher, recorded under Clerk's |
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File Number 2002-126807, O.P.R.M.C.T., that certain called 2.3936 |
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acre tract described in said instrument to James A. Boucher and |
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Dorothy S. Boucher, that certain called 1.0028 acre tract described |
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in instrument to James Boucher, recorded under Clerk's File Number |
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2019016786, O.P.R.M.C.T., the remainder of that certain called |
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4.7941 acre tract described as "Tract One" in instrument to Rodney |
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Powdrill and Dina Powdrill, recorded under Clerk's File Number |
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2018055271, O.P.R.M.C.T., and that certain called 4.7508 acre tract |
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described in instrument to Rodney Wayne Powdrill and Dina Powdrill, |
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recorded under Clerk's File Number 2015007986, O.P.R.M.C.T., the |
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following seventeen (17) courses and distances: |
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1. North 01°45'36" East, 1181.57 feet, to a point; |
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2. South 86°39'31" West, 859.21 feet, to a point; |
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3. North 11°14'50" West, 752.34 feet, to a point; |
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4. South 87°11'19" West, 670.34 feet, to a point; |
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5. North 11°12'20" West, 1400.01 feet, exiting said Carter Road, to |
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a point in the apparent common line between said Hinch Survey and |
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said Walker County School Land Survey; |
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6. South 86°28'52" West, 1197.12 feet, with the apparent common |
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line between said Hinch Survey and said Walker County School Land |
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Survey, to a point; |
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7. South 11°01'57" East, 946.88 feet, to a point; |
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8. South 86°52'25" West 1199.49 feet, to a point; |
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9. South 11°13'53" East, 1467.15 feet, to a point; |
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10. North 87'00'43" East, 1203.44 feet, to a point; |
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11. North 11°22'57" West, 466.67 feet, to a point; |
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12. North 86'56'12" East, 890.38 feet, to a point; |
|
13. South 10°59'48" East, 561.21 feet, to a point; |
|
14. South 10°39'32" East, 251.55 feet, to a point; |
|
15. South 66°20'03" East, 632.93 feet, to a point; |
|
16. South 02°06'01" West, 1251.39 feet, to a point; |
|
17. North 86°47'51" East, 908.92 feet, to a point in the |
|
approximate centerline of said Daw Collins Road for a northeasterly |
|
corner of said Atakapa Tract 1 and said 3045.032 acre tract; |
|
THENCE South 13"58'35" West, 536.27 feet, with the |
|
approximate centerline of said Daw Collins Road, an easterly line |
|
of said Atakapa Tract 1, to a point; |
|
THENCE South 15°06'43" West, 693.00 feet, continuing with the |
|
approximate centerline of said Daw Collins Road, an easterly line |
|
of said Atakapa Tract 1, to a point at the intersection of the |
|
approximate centerline of said Daw Collins Road with the |
|
approximate centerline of farm to Market Road 2090 (F.M. 2090, 100 |
|
feet wide), in the arc of a curve to the left, for a southeasterly |
|
corner of said Atakapa Tract 1 and said 3045.032 acre tract; |
|
THENCE in a southwesterly direction, with the approximate |
|
centerline of said F.M. 2090, a southeasterly line of said Atakapa |
|
Tract 1, the following two (2) courses and distances: |
|
1. Westerly, 562.92 feet with the arc of said curve to the left |
|
having a radius of 1432.39 feet, a central angle of 22°31'00", a |
|
chord that bears South 89°14'24" West, 559.30 feet, to a point for |
|
the end of said curve; |
|
2. South 77°58'54" West, 963.96 feet, to a point for the beginning |
|
of a curve to the left; |
|
THENCE, North 36°07'25" West, 878.19 feet to a point; |
|
THENCE, North 36°11'26" West, 20.26 feet to a point; |
|
THENCE, North 38°07'57" West, 159.93 feet to a point, on the |
|
west line of that certain called 32.00 acre tract described in |
|
instrument to American Tower Asset Sub, LLC., recorded under |
|
Clerk's File Number 2008-003741, O.P.R.M.C.T.; |
|
THENCE, North 47°18'57" East, 733.05 feet to a point, being |
|
the northeast corner of said 32.00 acre tract; |
|
THENCE, North 73°38'16" West, 1,336.65 feet to a point, on the |
|
north line of said 32.00 acre tract; |
|
THENCE, over and across said 3045.032 acre tract, the |
|
following sixteen (16) courses and distances: |
|
1. North 42°36'59" West, 197.51 feet to a point; |
|
2. North 44°41'10" West, 259.36 feet to a point; |
|
3. North 45°36'53" West, 1,532.11 feet to a point; |
|
4. North 46°33'40" West, 264.22 feet to a point; |
|
5. North 48°38'50" West, 317.88 feet to a point; |
|
6. North 49°47'12" West, 2,882.54 feet to a point; |
|
7. North 50°31'19" West, 205.25 feet to a point; |
|
8. North 52°04'32" West, 228.25 feet to a point; |
|
9. North 52°53'37" West, 1,141.02 feet to a point; |
|
10. North 53°57'01" West, 294.40 feet to a point; |
|
11. North 55°29'27" West, 135.48 feet to a point; |
|
12. North 55°58'28" West, 189.03 feet to a point; |
|
13. North 57°21'57" West, 388.65 feet to a point; |
|
14. North 60°37'56" West, 523.06 feet to a point; |
|
15. North 62°52'36" West, 104.39 feet to a point; |
|
16. North 63°14'45" West, 1,699.13 feet to a point, on the west |
|
line of said 3045.032 acre tract and on the east line of that |
|
certain 5 acre tract described in instrument to Robert John Rillie |
|
and Jerry Lee Rillie, recorded under Clerk's File Number 87989, |
|
Deed Records of Montgomery County, Texas (D.R.M.C.T.); |
|
THENCE North 03°23'31" West, with the easterly line of that |
|
certain 421.116 acre tract described in instrument to 3M Land |
|
Partners, LTD., recorded under Clerk's File Number 2020120633, |
|
O.P.R.M.C.T., and said Rillie 5 acre tract, 2,600.76 feet, to a |
|
point in the southerly line of that certain called 5.00 acre tract |
|
described in instrument to Brian Ballard and Sinthia Koepke, |
|
recorded under Clerk's File Number 2004-037959, O.P.R.M.C.T., for |
|
the common northerly corner of said Parcel 2, Tract 2 and said |
|
421.116 acre tract, being a northwesterly corner of said 3045.032 |
|
acre tract; |
|
THENCE North 86°24'37" East, 22.81 feet, with the common line |
|
between said Parcel 2, Tract 2 and said Ballard 5.00 acre tract, to |
|
a point for a common corner of the same, being an interior corner of |
|
said 3045.032 acre tract; |
|
THENCE North 03°24'52" West, 330.06 feet, continuing with |
|
said common line, to a point for the common northerly corner of said |
|
Parcel 2, Tract 2 and said Ballard 5.00 acre tract, being an |
|
interior corner of said 3045.032 acre tract; |
|
THENCE South 86°24'28" West, 660.00 feet, to a point in the |
|
easterly line of that certain called 7.250 acre tract described in |
|
instrument to Mellisa F. Crawford recorded under Clerk's File |
|
Number 2020126272, O.P.R.M.C.T., for the westerly corner of said |
|
Ballard 5.00 acre tract, being a southwesterly corner of said |
|
3045.032 acre tract; |
|
THENCE North 03°24'52" West, with the easterly line of said |
|
7.250 acre tract, the remainder of that certain 14.600 acre tract |
|
described in instrument to Rajendra Ramoutarsingh, recorded under |
|
Clerk's File Number 2007-068424, O.P.R.M.C.T., common to a westerly |
|
line of said Tract 18, 329.97 feet, to a point for a corner of said |
|
Ramoutarsingh tract, being an interior corner of said 3045.032 acre |
|
tract; |
|
THENCE South 86°24'37" West, 749.18 feet, to a point in the |
|
common line between said Hinch Survey, and the H.S. Williamson |
|
Survey, Abstract Number 635, the easterly line of that certain |
|
called 275.861 acre tract described in instrument to Miguel Prado |
|
and Danielle P. Prado, recorded under Clerk's File Number |
|
2009-014225, O.P.R.M.C.T., for the westerly corner of said |
|
Ramoutarsingh tract, being a southwesterly corner of said 3045.032 |
|
acre tract; |
|
THENCE North 03°23'25" West, 990.20 feet, with the apparent |
|
common line between said Hinch Survey and said Williamson Survey, |
|
the east line of said 275.861 acre tract, to a point for the corner |
|
of the Oaks Subdivision, an unrecorded subdivision, for a |
|
northwesterly corner of said 3045.032 acre tract; |
|
THENCE North 86°29'56" East, 3601.32 feet, with the southerly |
|
line of said Oaks Subdivision and that certain called 1.128 acre |
|
tract described in instrument to Donald Baker, recorded under |
|
Clerk's File Number 9460482, R.P.R.M.C.T., common to a northerly |
|
line of said Parcel 2, Tract 2, to a point for the common corner of |
|
said Parcel 2, Tract 2, said 1.128 acre tract, and that certain |
|
called 337.328 acre tract described in instrument to MWM Ventures, |
|
LTD, recorded under Clerk's File Number 2020096337, O.P.R.M.C.T., |
|
being an angle point in the northerly line of said 3045.032 acre |
|
tract; |
|
THENCE North 86°30'58" East, 3093.08 feet, with the common |
|
line between said Parcel 2, Tract 2, and said 337.328 acre tract, to |
|
a point for the common corner of said Parcel 2, Tract 2, said |
|
337.328 acre tract, and that certain called 810.277 (NET) acre |
|
tract, described in instrument to Splendora Acquisitions, LTD., |
|
recorded under Clerk's File Number 2021066058, O.P.R.M.C.T., being |
|
an angle point in the northerly line of said 3045.032 acre tract; |
|
THENCE North 86°30'57" East, 1331.14 feet, with the common |
|
line between said Parcel 2, Tract 2, and said 810.277 (NET) acre |
|
tract, to a point for the common corner of said Parcel 2, Tract 2, |
|
said 810.277 (NET) acre tract, that certain called 5.2 acre tract |
|
described in instrument to Trudy Ledoux, recorded under Clerk's |
|
File Number 2015117010, O.P.R.M.C.T., and that certain called 10 |
|
acre tract described in instrument to Stephen P. Graham, recorded |
|
under Clerk's File Number 2001079573, O.P.R.M.C.T., being a |
|
northeasterly corner of the herein described 3045.032 acre tract; |
|
THENCE South 03°36'00" East, 665.18 feet, with the common line |
|
between said Parcel 2, Tract 2, and said Graham 10 acre tract, to a |
|
point for a common corner of same, being an interior corner of the |
|
herein described tract; |
|
THENCE North 85°58'48" East, 640.76 feet, continuing with |
|
said common line, to a point for the southerly common easterly |
|
corner of said Parcel 2, Tract 2, and said 10 acre tract, being an |
|
interior corner of the herein described tract; |
|
THENCE, North 03°30'51" West, 681.45 feet, to a point for the |
|
common corner of said Parcel 2, Tract 2, said 10 acre tract, and |
|
said 5.2 acre tract, being an angle point in a westerly line of the |
|
herein described tract; |
|
THENCE, North 03°20'27" West, 996.35 feet, with the easterly |
|
line of said 5.2 acre tract, that certain called 10 acre tract |
|
described in instrument to Stephen P. Graham, recorded under |
|
Clerk's File Number 2001079574, O.P.R.M.C.T., common to a westerly |
|
line of said Parcel 2, Tract 2, to a point in the southerly line of |
|
said 810.277 (NET) acre tract, for the common northerly corner of |
|
said Parcel 2, Tract 2, and said mentioned Graham 10 acre tract, |
|
being a northwesterly corner of the herein described tract; |
|
THENCE, North 86°56'40" East, 3,307.47 feet, with the |
|
northerly line of said Parcel 2, Tract 2, common to a southerly line |
|
of said 810.277 (NET) acre tract, to a point for a common corner of |
|
said Parcel 2, Tract 2, said 810.277 (NET) acre tract, and that |
|
certain tract described in instrument to James Metts and Angela |
|
Metts, recorded under Clerk's File Number 2017073037, |
|
O.P.R.M.C.T., being an angle point in a northerly line of the herein |
|
described tract; |
|
THENCE, North 86°56'40" East, 660.08 feet, with the common |
|
line between said Parcel 2, Tract, and said Metts tract, to a point |
|
for a common corner of said Parcel 2, Tract 2, said Metts tract and |
|
said 810.277 (NET) acre tract, being an angle point of the herein |
|
described tract; |
|
THENCE, North 86°56'40" East, 1,321.06 feet, with the common |
|
line between said Parcel 2, Tract 2 and said 810.277 (NET) acre |
|
tract to a point; |
|
THENCE South 03°07'29" East, 1057.31 feet, with the apparent |
|
common line between said Hinch Survey and said Gill Survey, the |
|
westerly line of said 24.4867 acre tract and that certain called |
|
18.4867 acre tract described in instrument to Kelly Keith Jordan, |
|
recorded under Clerk's File Number 9723749, Real Property Records |
|
of Montgomery County, Texas (R.P.R.M.C.T.), common to an easterly |
|
line of said Parcel 2, Tract 2, to a point for the common westerly |
|
corner of that certain called 2.4723 acre tract described as "Tract |
|
5" in instrument to Atakapa, LLC., recorded under Clerk's File |
|
Number 2013016070, O.P.R.M.C.T., and said 18.4867 acre tract, being |
|
an interior corner of said 3045.032 acre tract; |
|
THENCE South 03°15'20" East, 60.15 feet to a point in the |
|
apparent common line between said Hinch Survey and said Gill |
|
survey, an easterly line of said Parcel 2, Tract 2, for the common |
|
westerly corner of said Tract 5 and the remainder of that certain |
|
called 37.546 acre tract described in instrument to Elton Kane |
|
Angers and Angela M. Angers, recorded under Clerk's File Number |
|
2013084043, O.P.R.M.C.T., being an interior corner of said 3045.032 |
|
acre tract; |
|
South 03°05'53" East, 908.31 feet, with the apparent common |
|
line between said Hinch Survey and said Gill Survey, an easterly |
|
line of said Parcel 2, Tract 2 and that certain tract described as |
|
"Tract 14" in instrument to Atakapa, LLC., recorded under Clerk's |
|
File Number 2013016070, O.P.R.M.C.T., common to the westerly line |
|
of said remainder of 37.546 acre tract and that certain called |
|
18.500 acre tract described in instrument to James Glenn Richardson |
|
and Daphne Lynn Richardson, recorded under Clerk's File Number |
|
2013108135, O.P.R.M.C.T., to a point for the common corner of said |
|
Tract 14, said 18.500 acre tract, and that certain called 20.1336 |
|
acre tract described in instrument to Reggie Clayton Jackson, Sr. |
|
and Leslie Louise Jackson, recorded under Clerk's File Number |
|
2012040560, O.P.R.M.C.T., being an angle point in an easterly line |
|
of said 3045.032 acre tract; |
|
THENCE South 03°08'44" East, 491.63 feet, continuing with the |
|
apparent common line between said Hinch Survey and said Gill |
|
Survey, the common line between said Tract 14 and said 20.1336 acre |
|
tract, to a point for the common westerly corner of that certain |
|
called 20.00 acre tract described as "Tract 9" in instrument to |
|
Atakapa, LLC., recorded under Clerk's File Number 2013016070, |
|
O.P.R.M.C.T., and said 20.1663 acre tract, being an interior corner |
|
of said 3045.032 acre tract; |
|
THENCE North 86°37'59" East, 1810.75 feet, with the common |
|
line between said Tract 9 and said 20.1336 acre tract, to a point in |
|
the westerly margin of said Daw Collins Road for the common easterly |
|
corner of said Tract 9 and said 20.1336 acre tract, being a |
|
northeasterly corner of said 3045.032 acre tract; |
|
THENCE South 03°51'02" East, 480.42 feet, with the westerly |
|
margin of said Daw Collins Road, the easterly line of said Tract 9, |
|
to a point for the common easterly corner of said Tract 9 and that |
|
certain called 20.00 acre tract described in instrument to Campbell |
|
Ready-Mix, Inc., recorded under Clerk's File Number 9622955, |
|
R.P.R.M.C.T., being a southeasterly corner of said 3045.032 acre |
|
tract; |
|
THENCE South 86°37'59" West, 1816.24 feet, with the common |
|
line between said Tract 9 and said Campbell Ready-Mix 20.00 acre |
|
tract, to a point in the apparent common line between said Hinch |
|
Survey and said Gill Survey, an easterly line of said Parcel 2, |
|
Tract 2 for the common westerly corner of said Tract 9 and said |
|
Campbell Ready-Mix 20.00 acre tract, being an interior corner of |
|
the herein described 3045.032 acre tract; |
|
THENCE South 03°09'19" East, 956.51 feet, with the apparent |
|
common line between said Hinch Survey and said Gill Survey, the |
|
westerly line of said Campbell Ready-Mix 20.00 acre tract and that |
|
certain called 20.02 acre tract described in instrument to David C. |
|
Lee and Anne T. LeBlanc, recorded under Clerk's File Number |
|
2010096690, O.P.R.M.C.T., common to an easterly line of said Parcel |
|
2, Tract 2 to a point for the common corner of said Parcel 2, Tract |
|
2, said 20.02 acre tract, the remainder of that certain called |
|
20.000 acre tract described in instrument to Brian Ballard and |
|
Sinthia Koepke, recorded under Clerk's File Number 2003149365, |
|
O.P.R.M.C.T., and that certain tract described in instrument to |
|
Shirley Gay, recorded under Clerk's File Number 8121692, |
|
R.P.R.M.C.T., being a southeasterly corner of said 3045.032 acre |
|
tract; |
|
THENCE with the common line between said Parcel 2, Tract 2 and |
|
said Gay tract, South 86°48'24" West, 1318.78 feet, to a point for |
|
corner; |
|
THENCE South 03°05'13" East, 662.49 feet, to a point on the |
|
southwest corner of said Gay tract; |
|
THENCE North 86°42'16" East, 1,319.85 feet to the POINT OF |
|
BEGINNING, CONTAINING 2,540 acres (110,650,140 square feet) of land |
|
in Montgomery County, Texas, filed in the offices of Elevation Land |
|
Solutions in The Woodlands, Texas. |
|
TRACT 2: |
|
A METES & BOUNDS description of a certain 20.720 acre |
|
(902,563 square feet) tract of land situated in the Michael H. Hinch |
|
Survey, Abstract No. 253, in Montgomery County, Texas, being all of |
|
called Tract Nos. Thirty-Five (35) and Forty-Three (43), of Section |
|
4 of Security Subdivision according to the plat thereof recorded in |
|
Volume 1, Page 23, Montgomery County Deed Records, conveyed to John |
|
Schneider by deed recorded in Volume 85, Page 230, Montgomery |
|
County Deed Records, and being all of called Tract Nos. Fifty-One |
|
(51) and Fifty-Nine (59), of Section 4 of Security Subdivision |
|
according to the plat thereof recorded in Volume 1, Page 23, |
|
Montgomery County Deed Records, conveyed to Rita S. Wolven and |
|
Margy A. Long by deed recorded in Clerk's File No. 9534020, |
|
Montgomery County Official Public Records of Real Property; said |
|
20.720 acre (902,563 square feet) tract of land being more |
|
particularly described as follows with all bearings being based on |
|
said deed recorded in Clerk's File No. 2021177868, Montgomery |
|
County Official Public Records: |
|
BEGINNING at a point for the easterly common northerly corner |
|
of said Schneider tract and said Parcel 2, Tract 2, being the |
|
northeasterly corner of the herein described 20.720 acre tract, |
|
from which a point for the common corner of said Parcel 2, Tract 2, |
|
said 810.277 (NET) acre tract, that certain called 10 acre tract |
|
described in instrument to Stephen P. Graham, recorded under |
|
Clerk's File Number 2001079573, O.P.R.M.C.T., and that certain |
|
called 5.2 acre tract described in instrument to Trudy Ledoux, |
|
recorded under Clerk's File Number 2015117010, O.P.R.M.C.T., bears |
|
North 60°03'52" East, 2,948.79 feet; |
|
THENCE South 03°04'04" East, 1,319.97 feet, with a westerly |
|
line of said Parcel 2, Tract 2, the westerly line of that certain |
|
called 20.00 acre tract described as "Tract 12" in instrument to |
|
Atakapa, LLC, recorded under Clerk's File Number 2013016070, |
|
O.P.R.M.C.T., common to the easterly line of said Schneider tract, |
|
the continuing with a common line between said Long 10 acre tract |
|
and said Parcel 2, Tract 2, to a point for the easterly common |
|
southerly corner of said Long 10 acre tract and said Parcel 2, Tract |
|
2, being the southeasterly corner of the herein described 20.720 |
|
acre tract; |
|
THENCE South 85°55'43" West, 683.88 feet, with the common line |
|
between said Long 10 acre tract and said Parcel 2, Tract 2, to a |
|
point for a common corner of same, being the southwesterly corner of |
|
the herein described 20.720 acre tract; |
|
THENCE North 03°04'04" West, 1,319.97 feet, with the westerly |
|
line of said Long 10 acre tract and said Schneider tract, common to |
|
an easterly line of said Parcel 2, Tract 2, to a point for the |
|
westerly common northerly corner of said Schneider tract and said |
|
Parcel 2, Tract 2, being the northwesterly corner of the herein |
|
described 20.720 acre tract; |
|
THENCE North 85°55'43" East, 683.88 feet, with the common line |
|
between said Schneider tract and said Parcel 2, Tract 2, to the |
|
POINT OF BEGINNING, CONTAINING 20.720 acre (902,563 square feet) of |
|
land in Montgomery County, Texas. |
|
TRACT 3: |
|
A METES & BOUNDS description of a certain 10.087 acre |
|
(439,400 square feet) tract of land situated in the Michael H. Hinch |
|
Survey, Abstract No. 253, in Montgomery County, Texas, being all of |
|
called Tract Nos. Seventy (70) and Seventy-Eight (78), of Section 4 |
|
of Security Subdivision according to the plat thereof recorded in |
|
Volume 1, Page 23, Montgomery County Deed Records, conveyed to |
|
Eleanore Triplett by deed recorded in Clerk's File No. 7930998, |
|
Montgomery County Deed Records; said 10.087 acre (439,400 square |
|
feet) tract of land being more particularly described as follows |
|
with all bearings being based on said deed recorded in Clerk's File |
|
No. 2021177868, Montgomery County Official Public Records: |
|
BEGINNING at a point for the common easterly corner of said |
|
Tract Nos. Seventy (70) and Seventy-Eight (78) and that certain |
|
called 5.00 acre tract described in instrument to Atakapa, LLC, |
|
recorded under Clerk's File Number 2021170759, O.P.R.M.C.T., in a |
|
westerly line of said Parcel 2, Tract 2, being the northeasterly |
|
corner of the herein described 10.087 acre tract, from which a point |
|
for the common corner of said Parcel 2, Tract 2, said 810.277 (NET) |
|
acre tract, said 5.2 acre tract, and said 10 acre tract to Stephen |
|
P. Graham bears North 10°59'37" East, 2,719.29 feet; |
|
THENCE South 02°13'03" East, 666.93 feet, with the easterly |
|
line of said Tract 55, common to a westerly line of said Parcel 2, |
|
Tract 2, to a point for the easterly common south corner of said |
|
Tract 55 and said Parcel 2, Tract 2, being the southeasterly corner |
|
of the herein described 10.087 acre tract; |
|
THENCE South 87°23'17" West, 658.82 feet, continuing the |
|
common line between said Tract 55 and said Parcel 2, Tract 2, to a |
|
point for the westerly common south corner of same, being the |
|
southwesterly corner of the herein described 10.087 acre tract; |
|
THENCE North 02°39'53" West, 661.75 feet, with the common line |
|
between said Tract 55 and said Parcel 2, Tract 2, to a point for the |
|
common westerly corner of said Tract 55 and said 5.00 acre tract to |
|
Atakapa, LLC, being the northwesterly corner of the herein |
|
described 10.087 acre tract; |
|
THENCE North 86°56'31" East, 664.04 feet, with the common line |
|
between said Tract 55 and said 5.00 acre tract to Atakapa, LLC, to |
|
the POINT OF BEGINNING, CONTAINING 10.087 acre (439,400 square |
|
feet) of land in Montgomery County, Texas. |
|
TRACT 4: |
|
A METES & BOUNDS description of a certain 20.02 acre (872,176 |
|
square feet) tract of land situated in the Michael H. Hinch Survey, |
|
Abstract No. 253, in Montgomery County, Texas, being all of a |
|
called 10.0 acre tract conveyed to Splendora Independent School |
|
District by deed recorded in Clerk's File No. 2013090370, |
|
Montgomery County Official Public Records, and being all of called |
|
10.0 acre tract conveyed to Jack W. Mayo, Jr. by deed recorded in |
|
Clerk's File No. 7829854, Montgomery County Official Public |
|
Records of Real Property; said 20.02 acre (872,176 square feet) |
|
tract of land being more particularly described as follows with all |
|
bearings being based on the Texas Coordinate System, Central Zone, |
|
NAD 83: |
|
COMMENCING at a 1/2-inch iron rod (with cap) found, being the |
|
northwest corner of a called 20 acre tract conveyed to Shirley Gay |
|
by deed recorded in Clerk's File No. 8121692, Montgomery County |
|
Official Public Records of Real Property; |
|
THENCE, North 79°11'52" West, 2,715.92 feet to a 5/8-inch iron |
|
rod (with cap) found, being the northeast corner of said called 10.0 |
|
acre tract conveyed to Splendora Independent School District and |
|
being the northeast corner and POINT OF BEGINNING of the herein |
|
described tract; |
|
THENCE, South 02°42'00" East, 658.42 feet to a 3/8-inch iron |
|
rod found, being the northeast corner of said called 10.0 acre tract |
|
conveyed to Jack W. Mayo, Jr. and being the southeast corner of said |
|
called 10.0 acre tract conveyed to Splendora Independent School |
|
District; |
|
THENCE, South 03°05'32" East, 658.95 feet to a 5/8-inch iron |
|
rod (with cap) found, being the southeast corner of said called 10.0 |
|
acre tract conveyed to Jack W. Mayo, Jr. and being the southeast |
|
corner of the herein described tract; |
|
THENCE, South 86°28'21" West, 664.91 feet to a 1/2-inch iron |
|
rod (with cap) found, being the southwest corner of said called 10.0 |
|
acre tract conveyed to Jack W. Mayo, Jr. and being the southwest |
|
corner of the herein described tract; |
|
THENCE, North 02°40'33" West, 661.85 feet to a 3/8-inch iron |
|
rod found, being the northwest corner of said called 10.0 acre tract |
|
conveyed to Jack W. Mayo, Jr. and being the southwest corner of said |
|
called 10.0 acre tract conveyed to Splendora Independent School |
|
District; |
|
THENCE, North 02°39'39" West, 659.17 feet to a 5/8-inch iron |
|
rod (with cap) found, being the northwest corner of said called 10.0 |
|
acre tract conveyed to Splendora Independent School District and |
|
being the northwest corner of the herein described tract; |
|
THENCE, North 86°47'02" East, 659.62 feet to the POINT OF |
|
BEGINNING, CONTAINING 20.02 acres (872,176 square feet) of land in |
|
Montgomery County, Texas, filed in the offices of Elevation Land |
|
Solutions in The Woodlands, Texas. |
|
TRACT 5: |
|
A METES & BOUNDS description of a certain 10.000 acre |
|
(435,591 square feet) tract of land situated in the Michael H. Hinch |
|
Survey, Abstract No. 253, in Montgomery County, Texas, being all of |
|
called Tract Numbers (114) and (122), of Section 4 of Security |
|
Subdivision according to the plat thereof recorded in Volume 1, |
|
Page 23, Montgomery County Deed Records, conveyed to Dana Lynn |
|
Sprayberry by deed recorded in Clerk's File No. 2000-072045, |
|
Montgomery County Official Public Records of Real Property; said |
|
10.000 acre (435,591 square feet) tract of land being more |
|
particularly described as follows with all bearings being based on |
|
said deed recorded in Clerk's File No. 2021177868, Montgomery |
|
County Official Public Records: |
|
BEGINNING at a point for the westerly common southerly corner |
|
of said Sprayberry tract and said Parcel 2, Tract 2, being the |
|
southwesterly corner of the herein described 10.000 acre tract, |
|
from which a point for the common southerly corner of said Parcel 2, |
|
Tract 2, and said 421.116 acre tract bears, South 70°53'39" West, |
|
2744.66 feet; |
|
THENCE North 03°02'48" West, 660.00 feet, with the common line |
|
between said Sprayberry tract and said Parcel 2, Tract 2, to a point |
|
for the common westerly corner of said Sprayberry tract and that |
|
certain tract described as Farm Tracts 97, 98 and 106 in instrument |
|
to Atakapa LLC, recorded under Clerk's File Number 2018080651, |
|
O.P.R.M.C.T., being the northwesterly corner of the herein |
|
described 10.000 acre tract; |
|
THENCE North 86°35'15" East, 660.00 feet, with the common line |
|
between said Sprayberry tract and said Farm Tracts 97, 98 and 106, |
|
to a point in a westerly line of said Parcel 2, Tract 2, for the |
|
common easterly corner of same, being the northeasterly corner of |
|
the herein described 10.000 acre tract; |
|
THENCE South 03°02'48" East, 660.00 feet, with the common line |
|
between said Sprayberry tract and said Parcel 2, Tract 2, to a point |
|
for the common westerly corner of said Sprayberry tract and common |
|
southerly corner of said Sprayberry tract and said Parcel 2, Tract |
|
2, being the southeasterly corner of the herein described 10.000 |
|
acre tract; |
|
THENCE, South 86°35'15" West, 660.00 feet, continuing with |
|
said common line, to the POINT OF BEGINNING, CONTAINING 10.000 acre |
|
(435,591 square feet) of land in Montgomery County, Texas. |
|
TRACT 6: |
|
A METES & BOUNDS description of a certain 10.00 acre (435,658 |
|
square feet) tract of land situated in the Michael H. Hinch Survey, |
|
Abstract No. 253, in Montgomery County, Texas, being all of called |
|
Tract Twenty-Two (22), of Section 5 of Security Subdivision |
|
according to the plat thereof recorded in Volume 1, Page 23, |
|
Montgomery County Deed Records, conveyed to John F. Darst by deed |
|
recorded in Clerk's File No. 2014005435, Montgomery County |
|
Official Public Records; said 10.00 acre (435,658 square feet) |
|
tract of land being more particularly described as follows with all |
|
bearings being based on the Texas Coordinate System, Central Zone, |
|
NAD 83: |
|
COMMENCING at a 1/2-inch iron rod (with cap) found, being the |
|
northwest corner of a called 20 acre tract conveyed to Shirley Gay |
|
by deed recorded in Clerk's File No. 8121692, Montgomery County |
|
Official Public Records of Real Property; |
|
THENCE, South 67°07'55" West, 7,025.16 feet to a 1/2-inch iron |
|
rod (with cap) found, being the northeast corner of said called |
|
Tract Twenty-Two (22) and being the northeast corner and POINT OF |
|
BEGINNING of the herein described tract; |
|
THENCE, South 03°20'59" East, 660.24 feet to a 5/8-inch iron |
|
rod (with cap) found, being the southeast corner of said called |
|
Tract Twenty-Two (22) and being the southeast corner of the herein |
|
described tract; |
|
THENCE, South 86°28'39" West, 660.12 feet to a 5/8-inch iron |
|
rod found, being the southwest corner of said called Tract |
|
Twenty-Two (22) and being the southwest corner of the herein |
|
described tract; |
|
THENCE, North 03°19'03" West, 660.07 feet to a 5/8-inch iron |
|
rod (with cap) found, being the northwest corner of said called |
|
Tract Twenty-Two (22) and being the northwest corner of the herein |
|
described tract; |
|
THENCE, North 86°27'46" East, 659.75 feet to the POINT OF |
|
BEGINNING, CONTAINING 10.00 acres (435,658 square feet) of land in |
|
Montgomery County, Texas, filed in the offices of Elevation Land |
|
Solutions in The Woodlands, Texas. |
|
TRACT 7: |
|
A METES & BOUNDS description of a certain 10.05 acre (437,646 |
|
square feet) tract of land situated in the Michael H. Hinch Survey, |
|
Abstract No. 253, in Montgomery County, Texas, being all of called |
|
Lots One (1) and Two (2), of Section 6 of Security Subdivision |
|
according to the plat thereof recorded in Volume 1, Page 23, |
|
Montgomery County Deed Records, conveyed to Milton Howard Sands, |
|
Jr. by deed recorded in Clerk's File No. 8842100, Montgomery County |
|
Official Public Records of Real Property; said 10.05 acre (437,646 |
|
square feet) tract of land being more particularly described as |
|
follows with all bearings being based on the Texas Coordinate |
|
System, Central Zone, NAD 83: |
|
COMMENCING at a 1/2-inch iron rod (with cap) found, being the |
|
northwest corner of a called 20 acre tract conveyed to Shirley Gay |
|
by deed recorded in Clerk's File No. 8121692, Montgomery County |
|
Official Public Records of Real Property; |
|
THENCE, South 56°22'01" West, 4,599.31 feet to an axle found, |
|
being the northeast corner of said called Lots One (1) and Two (2) |
|
and being the northeast corner and POINT OF BEGINNING of the herein |
|
described tract; |
|
THENCE, South 03°01'51" East, 329.54 feet to a 5/8-inch iron |
|
rod (with cap) found, being the southeast corner of said called Lots |
|
One (1) and Two (2) and being the southeast corner of the herein |
|
described tract; |
|
THENCE, South 86°30'27" West, 1,318.54 feet to a 5/8-inch iron |
|
rod (with cap) found, being the southwest corner of said called Lots |
|
One (1) and Two (2) and being the southwest corner of the herein |
|
described tract; |
|
THENCE, North 03°23'34" West, 333.78 feet to a 5/8-inch iron |
|
rod (with cap) found, being the northwest corner of said called Lots |
|
One (1) and Two (2) and being the northwest corner of the herein |
|
described tract; |
|
THENCE, North 86°41'29" East, 1,320.62 feet to the POINT OF |
|
BEGINNING, CONTAINING 10.05 acres (437,646 square feet) of land in |
|
Montgomery County, Texas, filed in the offices of Elevation Land |
|
Solutions in The Woodlands, Texas. |
|
TRACT 8: |
|
A METES & BOUNDS description of a certain 5.009 acre (218,190 |
|
square feet) tract of land situated in the Walker County School Land |
|
Survey, Abstract No. 494, in Montgomery County, Texas, being all of |
|
a called 5.000 acre tract conveyed to Bill Ellison by deed recorded |
|
in Clerk's File No. 2018004658, Montgomery County Official Public |
|
Records; said 5.009 acre (218,190 square feet) tract of land being |
|
more particularly described as follows with all bearings being |
|
based on the Texas Coordinate System, Central Zone, NAD 83: |
|
COMMENCING at a 1/2-inch iron rod (with cap) found, being the |
|
northwest corner of a called 20 acre tract conveyed to Shirley Gay |
|
by deed recorded in Clerk's File No. 8121692, Montgomery County |
|
Official Public Records of Real Property; |
|
THENCE, North 21°41'20" West, 2,084.68 feet to a concrete |
|
monument (disturbed) found, being the southeast corner of said |
|
called 5.000 acre tract and being the southeast corner and POINT OF |
|
BEGINNING of the herein described tract; |
|
THENCE, South 86°56'55" West, 658.50 feet to a concrete |
|
monument found, being the southwest corner of said called 5.000 |
|
acre tract and being the southwest corner of the herein described |
|
tract; |
|
THENCE, North 03°15'30" West, 330.34 feet to a 1/2-inch iron |
|
rod (with cap) found, being the northwest corner of said called |
|
5.000 acre tract and being the northwest corner of the herein |
|
described tract; |
|
THENCE, North 86°52'08" East, 660.69 feet to a 1-1/2-inch iron |
|
pipe (bent) found, being the northeast corner of said called 5.000 |
|
acre tract and being the northeast corner of the herein described |
|
tract; |
|
THENCE, South 02°52'48" East, 331.25 feet to the POINT OF |
|
BEGINNING, CONTAINING 5.009 acres (218,190 square feet) of land in |
|
Montgomery County, Texas, filed in the offices of Elevation Land |
|
Solutions in The Woodlands, Texas. |
|
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 |
|
7985A, Special District Local Laws Code, as added by Section 1 of |
|
this Act, is amended by adding Section 7985A.0307 to read as |
|
follows: |
|
Sec. 7985A.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, 2023. |