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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 Montgomery County Municipal Utility |
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District No. 225; 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 8074 to read as follows: |
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CHAPTER 8074. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 225 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8074.0101. 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 Montgomery County Municipal |
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Utility District No. 225. |
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Sec. 8074.0102. 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. 8074.0103. 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. 8074.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section |
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8074.0103 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. 8074.0105. 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. 8074.0106. 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. 8074.0201. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five elected directors. |
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(b) Except as provided by Section 8074.0202, directors |
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serve staggered four-year terms. |
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Sec. 8074.0202. 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 8074.0103; 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 8074.0103 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 8074.0103; 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. 8074.0301. 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. 8074.0302. 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. 8074.0303. AUTHORITY FOR ROAD PROJECTS. Under Section |
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52, Article III, Texas Constitution, the district may design, |
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acquire, construct, finance, issue bonds for, improve, operate, |
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maintain, and convey to this state, a county, or a municipality for |
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operation and maintenance macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 8074.0304. 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. 8074.0305. COMPLIANCE WITH MUNICIPAL CONSENT |
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ORDINANCE OR RESOLUTION. The district shall comply with all |
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applicable requirements of any ordinance or resolution that is |
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adopted under Section 54.016 or 54.0165, Water Code, and that |
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consents to the creation of the district or to the inclusion of land |
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in the district. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8074.0401. 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 8074.0403. |
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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. 8074.0402. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8074.0401, 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. 8074.0403. 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. 8074.0501. 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. 8074.0502. 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. 8074.0503. 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 Montgomery County Municipal Utility District |
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No. 225 initially includes all the territory contained in the |
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following area: |
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Those certain tracts or parcels of land situated in |
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Montgomery County, Texas, described as follows, to-wit: |
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TRACT 1 |
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Being a portion of a 298.473 acre tract, conveyed to DJS Land |
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Company, LTD et al, as recorded under Clerk’s File No. 8916747 of |
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the Official Public Records of Real Property Montgomery County |
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(O.P.R.R.P.M.C.), and all of Tract 5, 0.1914 acre, as recorded |
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under Clerk’s File No. 2000108801 of the O.P.R.R.P.M.C., the basis |
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of bearing is the north right-of-way line of FM 2854 as shown on |
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right-of-way map, September 27, 1968: |
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BEGINNING at the southeast corner of a 0.0046 acre tract as |
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recorded under Clerk’s File No. 2017098941 of the Official Public |
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Records Montgomery County, Texas (O.P.R.M.C.), lying in a southerly |
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line of said 28.473 acre tract, and a northerly line of State |
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Highway 2854 as recorded in Volume 630, Page 609 of the Montgomery |
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County Deed Records (M.C.D.R.), |
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THENCE (from the 2017098941 deed) NORTH 39 degrees 44 minutes |
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08 seconds WEST, 28.29 feet, to a westerly corner of the herein |
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described tract, lying in an easterly right-of-way line of |
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Southwest Drive as shown on the replat of Southwest Center as |
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recorded in Cabinet “I”, Sheet 169 of M.R.M.C.; |
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THENCE NORTHERLY along the easterly right-of-way line |
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Southwest Drive the following calls, based on the replat of said |
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Southwest Center: |
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NORTH 07 degrees 32 minutes 17 seconds EAST, 179.20 feet; |
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NORTHERLY along a curve to the right, through a central angle |
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of 24 degrees 26 minutes 31 seconds, to a point of tangency, said |
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curve having a radius of 303.02 feet, an arc length of 129.27 feet; |
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NORTH 31 degrees 56 minutes 48 seconds EAST, 317.57 feet; |
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NORTHEASTERLY along a curve to the right, through a central |
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angle of 06 degrees 08 minutes 31 seconds, to a point of, said curve |
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having a radius of 1,793.94 feet, an arc length of 192.31 feet; |
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NORTH 36 degrees 07 minutes 19 seconds EAST, 17.54 feet; to |
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the north corner of the herein described tract, also being the west |
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corner of a 2.273 acre tract and shown on the plat of Southwest |
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Center Section 1, as recorded on Cabinet “H” Sheet 126A of the |
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M.C.M.R.; |
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Thence (from the Southwest Center Section 1) SOUTH 51 degrees |
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52 minutes 41 seconds EAST, 484.63 feet, to an easterly corner of |
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the herein described tract, lying in a westerly line of Reserve “A” |
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of said Southwest Center; |
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THENCE (from the Southwest Center Section 1 replat) SOUTH 16 |
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degrees 14 minutes 36 seconds EAST, 269.68 feet (calculated), with |
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and adjoining said westerly line of Reserve “A”, to a southerly line |
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of said 298.473 acre tract; |
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THENCE (from the Southwest Center Section 1 replat) SOUTH 73 |
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degrees 32 minutes 51 seconds WEST, 131.63 feet (calculated), with |
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and adjoining said southerly line of the 298.473 acre tract; |
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THENCE SOUTH 72 degrees 17 minutes 44 seconds WEST, 375.97 |
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feet (calculated), with and adjoining said southerly line of the |
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289.473 acre tract, also being the northeast corner of said 0.1914 |
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acre tract; |
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THENCE (from the 2000-108801 deed) SOUTH 21 degrees 17 |
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minutes 12 seconds EAST, 80.76 feet, (SOUTH 16 degrees 44 minutes 06 |
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seconds EAST rotated) with and adjoining the east line of said |
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0.1914 acre tract, in the northerly right-of-way line of FM 2854 |
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(100 feet wide) for the southeast corner of this tract; |
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THENCE (from the 2000-108801 deed) SOUTH 89 degrees 13 |
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minutes 30 seconds WEST, 220.49 feet, (NORTH 86 degrees 13 minutes |
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24 seconds WEST rotated), along the northerly right-of-way line of |
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FM 2854, to a southerly corner of said 298.473 acre tract; |
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THENCE (from the 8916747 deed) NORTH 85 degrees 12 minutes 47 |
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seconds WEST, 88.59 feet, along a southerly line of said 298.473 |
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acre tract; |
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THENCE NORTH 82 degrees 27 minutes 43 seconds WEST, 26.52 |
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feet (calculated), along a southerly line of said 298.473 acre |
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tract, to the POINT OF BEGINNING, and containing 8.59 acres of land. |
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TRACT 2 |
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Being 178.42 acres of land in the Denward James Survey, |
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A-289, Montgomery County, Texas, and being a portion of a 298.473 |
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acre tract conveyed to DJS Land Company, LTD. A Texas limited |
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partnership described in a deed recorded under Clerk’s File No. |
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8916747 of the Official Public Records of Real Property, Montgomery |
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County, Texas (O.P.R.R.P.M.C.), more fully described as follows: |
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BEGINNING at the southwest corner of a 0.0046 acre tract as |
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described in Clerk’s File No. 201800316 of the Official Public |
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Records of Montgomery County, Texas (O.P.R.M.C.), lying in the |
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northerly right-of-way line of FM 2854 as recorded in Volume 630, |
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Page 609 of the Montgomery County Deed Records (M.C.D.R.) also |
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being a southerly line of said 298.473 acre tract; |
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THENCE N 50° 15’ 52” E, 28.28 feet, to a point lying in a |
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westerly right-of-way line of Southwest Drive. (width varies), as |
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shown on the replat of Southwest Center, as recorded in Cabinet “I”, |
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Sheet 169 of the Montgomery County Map Records (M.C.M.R.); |
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THENCE along the westerly line of said Southwest Drive the |
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following calls: |
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N 07° 32’ 17” E, 178.18 feet; |
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NORTHERLY along a curve to the right, through a central angle |
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of 24° 26' 31", and a radius of 373.02 feet, an arc length of 159.13 |
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feet, and having a long chord bearing and distance of N 19° 44' 27" |
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E, 157.92 feet; |
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N 31° 58' 48" E, 317.57 feet; |
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NORTHEASTERLY along a curve to the right, through a central |
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angle of 06° 08' 31", and a radius of 1,863.94 feet, an arc length of |
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199.81 feet, and having a long chord bearing and distance of N 35° |
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01' 58" E, 199.71 feet; |
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N 38° 07' 19" E, 317.57 feet; |
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Northeasterly along a curve to the right, through a central |
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angle of 37° 32' 21", and a radius of 833.88 feet, an arc length of |
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546.34 feet, and having a long chord bearing and distance of N 56° |
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52' 21" E, 536.63 feet; |
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N 75° 25' 55" E, 1,017.29 feet; |
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Northeasterly along a curve to the left, through a central |
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angle of 49° 10' 22", to a point of tangency, said curve having a |
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radius of 901.06 feet, an arc length of 773.32 feet, and having a |
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long chord bearing and distance of N 50° 48' 41" E, 749.80 feet; |
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N 26° 13' 30" E, 289.81 feet, to the southeast corner of |
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Unrestricted Reserve “A” as shown on the plat of Towne Center as |
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recorded in Cabinet “J”, Sheet 67 of the M.C.M.R. |
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Along the north and west lines according to the deed recorded |
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under File No. 8916747, the following calls: |
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THENCE N 63° 29' 31" W, 139.16 feet, with and adjoining the |
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southerly line of said Unrestricted Reserve “A”, to a northerly |
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corner of the herein described tract; |
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THENCE: N 63° 41’ 09” W, 812.35 ft. along the Southwest line |
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of the Moran tract to a 3/8” iron rod for corner in the South line of |
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the B. M. Hill tract; |
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THENCE: S 74° 09’ 16” W, 217.47 ft. to a concrete monument for |
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the Hill Southwest corner and the southeast corner of the Parkwest |
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Subdivision; |
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THENCE: S 73° 59’ 37” W, 179.31 ft. and S 73° 59’ 47” W, 1185.0 |
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ft. along the South line of Parkwest Subdivision to its Southwest |
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corner and the Southeast corner of Woodbranch Subdivision, an axle |
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found for corner; |
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THENCE: S 74° 29’ 30” W, 506.30 ft. to a 1/2” iron pipe found |
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in the South line of the Parkwest Subdivision; |
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THENCE S 74° 18’ 28” W, 249.66 ft. to a concrete monument |
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found in the South line of the Parkwest Subdivision; |
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THENCE: S 74° 11’ 06” W, 374.74 ft. along the South line of the |
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Parkwest Subdivision to a stake for corner; |
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THENCE: S 73° 43’ 55” W, 1607.01 ft. to an angle iron found for |
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the Southwest corner of the W. F. Newton tract; |
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THENCE: S 76° 399’ 39” W, 275.49 ft. to a 3/4” iron pipe for |
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the Southwest corner of the Abe Brown tract and the Southeast corner |
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of the C. Brown tract; |
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THENCE: S 74° 54’ 18” W, 181.95 ft. to a broken concrete |
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monument; |
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THENCE: S 74° 23’ 44” W, 185.32 ft. to a 1/2” iron rod found |
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for corner; |
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THENCE: S 15° 45’ 29” E, 1167.80 ft along the Madeley East |
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line to a 5/8” iron rod for corner in the North right of way line of |
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F. M. Highway 2854; |
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THENCE: Along the North line of F. M. 2854: |
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1) S 81° 45’ 48” E, 469.90 ft; |
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2) S 85° 16’ 23” E, 769.62 ft.; |
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3) S 79° 32’ 37” E, 201.0 ft.; |
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4) S 85° 15’ 15” E, 699.03 ft.; |
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5) S 88° 04’ 37” E, 201.22 ft.; |
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6) S 85° 18’ 46” E, 199.38 ft.; |
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7) S 82° 27’ 43” E, 63.06 ft, to the place of beginning and |
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containing a calculated 178.42 acres of land. |
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TRACT 3 |
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Approximately 57.15 acres of land out of the north one-half |
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of the Denward James Survey, Montgomery County, Texas, more |
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particularly described by metes and bounds, as follows: |
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BEGINNING at a 1/2 inch iron pipe on the south right-of-way |
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line of the GC&SF Railway, being 100 feet at right angles from the |
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center line of said railroad and being also at the northeast corner |
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of the 75 acre tract formerly belonging to J. Smith; |
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THENCE down the south line of said right-of-way on a curve to |
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the left with chords as follows: s. 78 degrees, 03 minutes East |
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450.9 feet; South 82 degrees, 33 minutes East 432.6 feet to the |
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approximate P.T.; |
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THENCE continuing down the said right-of-way South 85 |
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degrees, 05 minutes East 2855.3 feet to a point on the middle line |
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of the said D. James survey, a point for corner; |
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THENCE South 74 degrees, 39 minutes West along the said |
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middle line of the D. James survey 3818.5 feet to the Southeast |
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corner of the said Smith tract; |
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THENCE North 1 degree, 20 minutes West along the East line of |
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the said Smith tract 1405.3 feet to the PLACE OF BEGINNING and |
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containing 57.15 acres of land, more or less. |
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TRACT 4 |
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The surface estate and only the surface estate of 12.74 |
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acres, more or less, in the Denward James Survey, Abstract 289, |
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Montgomery County, Texas, and being the same land described in the |
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Deed executed by Doyle Tow dated July 24, 1963, recorded in Volume |
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546, Page 67, Deed Records, Montgomery County, Texas, as shown |
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below. |
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BEGINNING at the N.W. corner of the Dan Madeley 10 acre tract |
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for the most westerly S. W. corner of this tract, and situated in |
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the E.B.L. of the C. J. Cartwright tract 1-1/21" I. pipe for corner; |
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THENCE N. 00° 181 E. 174.o ft. with the dividing line of this |
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tract and the Cartwright tract to a 211 I. Rod for the most westerly |
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N.W. corner of this tract; |
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THENCE N. 74° 22' E., 437.0 ft. with the dividing line of this |
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tract and the Keppler tract to fence post for corner and situated in |
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the South R.O.W. line of the A.C. & S.F. R.R.; |
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THENCE 100 ft. South of and parallel with the South R.O.W. |
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line of A.C. & S. F. R.R. with the following calls, to-wit: |
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S. 62° 59' E., 203.5 ft.; |
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S. 65° 09' E., 203.5 ft.; |
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S. 67° 05' E., 203.5 ft. |
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S. 69° 07’ E., 203.5 ft.; |
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S. 71° 13’ E., 203.5 ft.; |
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S. 72° 59’ E., 203.5 ft. |
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S. 75° 33’ E., 111.8 ft. for an over all distance of 1332.8 ft. |
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to fence post for the N.E. corner of this tract and situated in the |
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W.B.L. of a County Road; |
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THENCE S.00° 52’ W., 198.7 ft. with the dividing line of this |
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tract and the West R.O.W. line of a County Road to I. Pipe for the |
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S.E. corner of this tract; |
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THENCE N. 89° 08’ W., 940.0 ft. with the dividing line of this |
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tract and the J. W. Dinkins 16.00 acre tract to an I. Pipe for the |
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most Easterly s.w. corner of this tract, same being the N. W. corner |
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of the Dinkins 16.00 acre tract and situated in the E.B.L. of the |
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Madeley 10. acre tract; |
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THENCE N. 00° 321 W., 188.5 ft. with the dividing line of this |
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tract and the said Madeley tract to a 1-1/2" I.P. for an inner |
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corner of this tract, same being the N.E. corner of the Madeley |
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tract; |
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THENCE N. 75° 171 W. 747 ft. with the dividing line of this |
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tract and the Madeley tract to the place of beginning, and to |
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contain 12.74 acres of land, more or less, being the same property |
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described in that certain Deed dated May 15, 1963, from J. W. |
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Dinkins to Doyle Tow, recorded in Volume 542, Page 20, Deed Records, |
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Montgomery County, Texas. |
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This document was prepared under 22 Texas Administrative Code § |
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138.95, does not reflect the results of an on the ground survey, |
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and is not to be used to convey or establish interests in real |
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property except those rights and interests implied or established |
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by the creation or reconfiguration of the boundary of the political |
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subdivision for which it was prepared. |
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TRACT 5 |
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BEING a 10.09 acre tract of land situated in the Denward James |
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Survey, Abstract No. 289, Montgomery County, Texas, and being that |
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same called 10-acre tract described in deed to Etta Margaret |
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Madeley Hill and Billy Sue Henna recorded under Clerk's File No. |
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9809486 of the Real Property Records of Montgomery County, Texas, |
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said 10.09 acre tract of land being more particularly described as |
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follows: |
|
BEGINNING at a 1-1/2 inch iron pipe found for the |
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northwesterly corner of the herein described tract and |
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southwesterly corner of a called 12.74 acre Tract 1 described in |
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deed to HAMARCO LTD. recorded under Clerk's File No. 9625877 of said |
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Real Property Records; |
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THENCE with the upper 'southerly line of said HAMARCO 12.47 |
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acre tract South 75° 27' 33" East a distance of 743.98 feet to a |
|
1-1/2 inch iron pipe found for corner; |
|
THENCE with the lower westerly line of said 12.74 acre tract |
|
South 01° 36' 15" East a distance of 189.3ff feet to a 1/2 inch iron |
|
pipe found for the northwesterly corner of a 15.955 acre tract |
|
described in deed to Larry Steve Taylor recorded under Clerk's File |
|
No., 8013113 of said Real Property Records; |
|
THENCE with the interior westerly line of said 15.955 acre |
|
tract South 00° 39' 02" East a distance of 319.07 feet to a 3/4 inch |
|
iron pipe found for corner; |
|
THENCE with a northerly line of said 15.955 acre tract South |
|
88°18' 37" West a distance of 716.88 feet to a 1 inch iron pipe found |
|
in the easterly line of a called 131.71 acre Tract 3 described in |
|
said deed to HAMARCO INC. recorded under Clerk's File No. 9625877; |
|
THENCE with the easterly line of said 131.71 acre Tract 3 |
|
North 01°00' 00" West a distance of 716.39 feet to the POINT OF |
|
BEGINNING, and containing a computed area of 10.09 acres of land |
|
within this Field Note Description. |
|
TRACT 6 |
|
A tract or parcel of land containing 64.52 acres out of the |
|
Denward James Survey, Abstract No. 289, Montgomery County, Texas, |
|
being a portion of a 131.71 acre tract, conveyed to DJS Land |
|
Company, LTD et al, as recorded under Clerk’s File No. 2000108801 of |
|
the Official Public Records of Real Property Montgomery County |
|
(O.P.R.R.P.M.C.), said 64.52 acres being more particularly |
|
described by metes and bounds as follows, the basis of bearing is |
|
the deed call for the northerly line said 131.71 acre tract: |
|
THENCE South 1 degree 00 minute 00 second East, 832.9 varas |
|
(2,313.62 feet called), (2,281.10 feet calculated), along the |
|
common boundary line with the John Smith Tract to the southwest |
|
corner of the John Smith Tract; |
|
THENCE South 75 degrees 15 minutes 13 seconds West, 1,631.85 |
|
feet, along the south line of said 131.71 acre tract, to the |
|
easterly right-of-way line of Loop 336 acquisition, as recorded |
|
under Clerk’s File No. 8645929 of the Official Public Records of |
|
Real Property Montgomery County, Texas (O.P.R.R.P.M.C.), and being |
|
the southwest corner of the herein described tract, and the |
|
southeast corner of the 1.339 acre right-of-way description; |
|
THENCE along the easterly line of Loop 336 based on deed |
|
recorded under Clerk’s File No. 8645929 of the O.P.R.R.P.M.C. the |
|
following calls: |
|
Northerly along a curve to the right, through a central angle |
|
of 34 degrees 12 minutes 12 seconds, to a westerly corner of the |
|
herein described tract, said curve having a radius of 2,764.93 |
|
feet, an arc length of 1,650.56 feet, and a long chord gearing and |
|
distance of North 12 degrees 19 minutes 56 seconds East, 1,626.16 |
|
feet; |
|
North 29 degrees 47 minutes 36 seconds EAST (called), (North |
|
32 degrees 25 minutes 21 seconds East calculated), 290.92 feet |
|
along said easterly right-of-way line of Loop 336, to a westerly |
|
corner of the herein described tract; |
|
Northeasterly along a curve to the left, with and adjoining |
|
said easterly right-of-way line of Loop 336, through a central |
|
angle of 01 degree 41 minutes 42 seconds, to a westerly corner of |
|
the herein described tract, said curve having a radius of 5,180.38 |
|
feet, an arc length of 153.26 feet, and a long chord bearing and |
|
distance of North 25 degrees 22 minutes 02 seconds East (called), |
|
(North 27 degrees 59 minutes 47 seconds East (calculated), 153.25 |
|
feet; |
|
North 65 degrees 28 minutes 49 seconds West (called), (North |
|
62 degrees 51 minutes 04 seconds West calculated), 15.00 feet, |
|
along easterly right-of-way line of Loop 336, to a non-tangent |
|
curve and westerly corner of the herein described tract; |
|
Northeasterly along a curve to the left, through a central |
|
angle of 01 degree 16 minutes 06 seconds, to a westerly corner of |
|
the herein described tract, also being the southerly corner of a |
|
0.657 acre Loop 336 right-of-way acquisition as recorded under |
|
Clerk’s File No 9007438 of the O.P.R.R.P.M.C., said curve having a |
|
radius of 5,126.33 feet, an arc length of 113.48 feet, and a long |
|
chord bearing and distance of North 26 degrees 31 minutes 01 seconds |
|
East (calculated), 113.48 feet; |
|
THENCE along the easterly line of Loop 336 based on deed |
|
recorded under Clerk’s File No. 90074389 of the O.P.R.R.P.M.C. the |
|
following calls |
|
North 26 degrees 57 minutes 15 seconds East (called), (North |
|
29 degrees 35 minutes 24 seconds East calculated), 5.27 feet, along |
|
said easterly right-of-way line of Loop 336, to a westerly corner of |
|
the herein described tract; |
|
Northeasterly along a curve to the left, with and adjoining |
|
said easterly right-of-way line of Loop 336, through a central |
|
angle of 04 degrees 12 minutes 19 seconds, to a westerly corner of |
|
the herein described tract, said curve having a radius of 2,822.59 |
|
feet, an arc length of 207.17 feet, and having a long chord bearing |
|
and distance of North 31 degrees 41 minutes 34 seconds East, 207.12 |
|
feet; |
|
North 31 degrees 09 minutes 34 seconds E (called), North 33 |
|
degrees 47 minutes 43 seconds East calculated), 186.70 feet, with |
|
and adjoining said easterly line of Loop 3366, to a non-tangent |
|
curve and westerly corner of the herein described tract; |
|
Northeasterly along a curve to the left, through a central |
|
angle of 03 degrees 22 minutes 56 seconds, to the northwest corner |
|
of the herein described tract, also being the northeast corner of |
|
said 0.657 acre acquisition tract, said curve having a radius of |
|
2,922.59 feet, an arc length of 172.52, and having a long chord |
|
bearing an distance of North 32 degrees 06 minutes 15 seconds East, |
|
172.50 feet; |
|
THENCE North 74 degrees 17 minutes 00 second East, 567.51 |
|
feet, to the POINT OF BEGINNING, and containing 64.52 acres of land, |
|
more or less. Based on an on-the-ground survey conducted on October |
|
20, 2022. |
|
TRACT 7 |
|
A tract or parcel of land containing 48.0 acres out of the |
|
Denward James Survey, Abstract No. 289, Montgomery County, Texas, |
|
being a portion of a 131.71 acre tract, conveyed to DJS Land |
|
Company, LTD et al, as recorded under Clerk’s File No. 2000108801 of |
|
the Official Public Records of Real Property Montgomery County |
|
(O.P.R.R.P.M.C.), said 48.0 acres being more particularly |
|
described by metes and bounds as follows, the basis of bearing is |
|
the deed call for the northerly line said 131.71 acre tract: |
|
COMMENCING at the northeast corner of said 131.71 acre tract, |
|
lying in the north line of the Denward James Survey; |
|
THENCE South 74 degrees 17 minutes 00 second West, with and |
|
adjoining the north line of said 131.71 acre tract also being the |
|
north line of the Denward James Survey, at 567.51 feet, passing the |
|
east right-of-way line of Loop 336 as recorded under Clerk’s File |
|
No. 9007438 of the O.P.R.R.P.M.C., and continuing a total distance |
|
of 1,025.45 feet (calculated), to the POINT OF BEGINNING and |
|
northeast corner of the herein described tract, also being the |
|
northwest corner of a loop 336, 0.738 ac acquisition parcel as |
|
recorded under Clerk’s File No. 9007438 of the O.P.R.R.P.M.C.; |
|
THENCE along the westerly line of Loop 336 based on deed |
|
recorded under Clerk’s File No. 9007438 of the O.P.R.R.P.M.C. the |
|
following calls: |
|
South 15 degrees 19 minutes 54 seconds West, 292.67 feet, to a |
|
found TxDOT monument; |
|
Southerly along a curve to the right, through a central angle |
|
of 05 degrees 06 minutes 38 seconds, to the south corner of said |
|
0.738ac acquisition tract, lying in a westerly line of a 1.664 acre |
|
right-o-way acquisition tract as recorded under Clerk’s File No. |
|
8645929 of the O.P.R.R.P.M.C., said curve having a radius of |
|
2,822.83 feet, an arc length of 251.79 feet, and a long chord |
|
bearing and distance of South 20 degrees 31 minutes 48 seconds West, |
|
251.70 feet; |
|
THENCE along the westerly line of Loop 336 based on deed |
|
recorded under Clerk’s File No. 8645929 of the O.P.R.R.P.M.C. the |
|
following calls: |
|
South 25 degrees 46 minutes 19 seconds West 255.96 feet; |
|
Southwesterly along a curve to the left, through a central |
|
angle of 14 degrees 47 minutes 00 second, to a found 5/8-inch iron |
|
rod for an easterly corner of the herein described tract, said curve |
|
having a radius of 2,964.93 feet, an arc length of 765.01 feet, and |
|
having a long chord bearing and distance of South 24 degrees 41 |
|
minutes 21 seconds West, 762.89 feet; |
|
North 75 degrees 20 minutes 59 seconds West, 10.00 feet, to a |
|
found 5/8-inch iron rod; |
|
Southerly along a curve to the left, through a central angle |
|
of 20 degrees 16 minutes 31 seconds to the southeast corner of said |
|
1.664 acre acquisition tract, said curve having a radius of |
|
2,974.93 feet, an arc length of 1,052.73 feet, and having a long |
|
chord bearing and distance of South 07 degrees 09 minutes 35 seconds |
|
West, 1,047.25 feet; |
|
THENCE South 74 degrees 50 minutes 24 seconds West, 1,330.16 |
|
feet, at 1,058.77 feet, passing a found 5/8-inch iron rod, along the |
|
southerly line of said 131.31 acre tract, to a southwest corner of |
|
the herein described tract; |
|
THENCE North 27 degrees 54 minutes 46 seconds East, 279.89 |
|
feet, to a westerly corner of the herein described tract; |
|
THENCE North 66 degrees 31 minutes 59 seconds East, 465.28 |
|
feet, to a westerly corner of the herein described tract; |
|
THENCE North 41 degrees 46 minutes 54 seconds East, 404.13 |
|
feet, to a westerly corner of the herein described tract; |
|
THENCE North 00 degree 11 minutes 45 seconds West, 293.64 |
|
feet, to a westerly corner of the herein described tract; |
|
THENCE North 34 degrees 26minutes 10 seconds West, 139.65 |
|
feet, to a westerly corner of the herein described tract; |
|
THENCE North 45 degrees 40 minutes 37 seconds West, 317.65 |
|
feet, to a westerly corner of the herein described tract; |
|
THENCE North 78 degrees 31 minutes 11 seconds West, 135.42 |
|
feet, to a westerly corner of the herein described tract; |
|
THENCE North 37 degrees 54 minutes 16 seconds West, 102.05 |
|
feet, to a westerly corner of the herein described tract; |
|
THENCE North 13 degrees 54 minutes 22 seconds East, 113.49 |
|
feet, to a westerly corner of the herein described tract; |
|
THENCE North 60 degrees 27 minutes 57 seconds East, 190.37 |
|
feet, to a westerly corner of the herein described tract; |
|
THENCE North 44 degrees 31 minutes 09 seconds East, 371.18 |
|
feet, to a westerly corner of the herein described tract; |
|
THENCE North 25 degrees 01 minute 17 seconds East, 208.41 |
|
feet, to a westerly corner of the herein described tract; |
|
THENCE North 07 degrees 59 minutes 22 seconds West, 92.95 |
|
feet, to a westerly corner of the herein described tract; |
|
THENCE North 07 degrees 53 minutes 51 seconds East, 272.81 |
|
feet, to a westerly corner of the herein described tract, lying in |
|
said northerly of the 131.41 acre tract and the northerly line of |
|
the Denward James Survey; |
|
THENCE North 74 degrees 17 minutes 00 second East, 1,197.41 |
|
feet, with and adjoining said northerly line of the 131.41 acre |
|
tract, to the POINT OF BEGINNING, and containing 47.92 acres more or |
|
less. Based on an on-the-ground survey conducted on October 20, |
|
2022. |
|
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 |
|
8074, Special District Local Laws Code, as added by Section 1 of |
|
this Act, is amended by adding Section 8074.0306 to read as follows: |
|
Sec. 8074.0306. NO EMINENT DOMAIN POWER. The district may |
|
not exercise the power of eminent domain. |
|
(b) This section is not intended to be an expression of a |
|
legislative interpretation of the requirements of Section 17(c), |
|
Article I, Texas Constitution. |
|
SECTION 5. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2023. |