H.B. No. 3554




AN ACT
relating to the creation of the Imperial Redevelopment District; providing authority to impose taxes and issue bonds. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subtitle F, Title 6, Special District Local Laws Code, is amended by adding Chapter 8150 to read as follows:
CHAPTER 8150. IMPERIAL REDEVELOPMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8150.001. DEFINITIONS. In this chapter: (1) "Board" means the board of directors of the district. (2) "City" means the City of Sugar Land, Texas. (3) "Director" means a member of the board. (4) "District" means the Imperial Redevelopment District. Sec. 8150.002. NATURE OF DISTRICT. The district is a municipal utility district in Fort Bend County created under and essential to accomplish the purposes of Section 52, Article III, Section 1-g, Article VIII, and Section 59, Article XVI, Texas Constitution. Sec. 8150.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) All land and other property included in the district will benefit from the improvements and services to be provided by the district under powers conferred by Section 52, Article III, Section 1-g, Article VIII, and Section 59, Article XVI, Texas Constitution. (b) The district is created for the same purposes as: (1) a municipal utility district as provided by Section 54.012, Water Code; (2) a road utility district created under Section 52, Article III, Texas Constitution, and operating under Chapter 441, Transportation Code, including the purpose of constructing, acquiring, improving, maintaining, and operating roads and road facilities; and (3) the purchase, construction, acquisition, ownership, improvement, maintenance, and operation of the public works and public improvements authorized for a tax increment reinvestment zone operating under Chapter 311, Tax Code, and a municipal management district operating under Chapter 375, Local Government Code. Sec. 8150.004. INITIAL DISTRICT TERRITORY. (a) The district is initially composed of the territory described by Section 2 of the Act creating this chapter. (b) The boundaries and field notes contained in Section 2 of the Act creating this chapter form a closure. A mistake made in the field notes or in copying the field notes in the legislative process does not affect the district's: (1) organization, existence, or validity; (2) right to issue any type of bond for the purposes for which the district is created or to pay the principal of and interest on a bond; (3) right to impose or collect an assessment or tax; or (4) legality or operation. Sec. 8150.005. CONSTRUCTION OF CHAPTER. This chapter shall be liberally construed in conformity with the findings and purposes set forth in this chapter. Sec. 8150.006. CONFLICT OF LAW. If any provision of general law applicable to the district conflicts with Chapters 49 and 54, Water Code, Chapters 49 and 54, Water Code, prevail.
[Sections 8150.007-8150.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8150.051. DIRECTORS; TERMS. (a) The district is governed by a board of five directors. (b) Except as provided by Section 8150.053, directors serve staggered four-year terms. (c) Section 49.052, Water Code, does not apply to the directors. Sec. 8150.052. APPOINTMENT OF DIRECTORS. The governing body of the city shall appoint the appropriate number of directors to the board to serve staggered terms that expire September 1 of each even-numbered year. Sec. 8150.053. VACANCIES. (a) The board shall notify the governing body of the city in writing when a vacancy occurs on the board. (b) The governing body of the city shall appoint a person to fill the vacancy for the remainder of the unexpired term. (c) If the governing body of the city does not fill a vacancy on the board before the 91st day after receipt of written notice of a vacancy, the remaining directors shall appoint a person to fill the vacancy, if a majority of the directors remain in office. If less than a majority of the directors remain in office, the vacancy shall be filled as provided by Section 49.105(c), Water Code. Sec. 8150.054. INITIAL DIRECTORS. (a) The governing body of the city shall appoint initial directors not later than the 60th day after the date the city consents to the creation of the district, as provided by Section 54.016, Water Code. (b) The initial directors shall draw lots to determine which two directors serve until September 1 of the first even-numbered year following the year the initial directors are appointed and which three directors serve until September 1 of the second even-numbered year following the year the initial directors are appointed. (c) This section expires September 1, 2010.
[Sections 8150.055-8150.100 reserved for expansion]
SUBCHAPTER C. GENERAL POWERS AND DUTIES
Sec. 8150.101. GENERAL POWERS AND DUTIES. The district has the powers and duties necessary to accomplish the purposes for which the district is created. Sec. 8150.102. MUNICIPAL UTILITY DISTRICT POWERS AND DUTIES. The district has the powers and duties provided by the general law of this state, including Chapters 49 and 54, Water Code, applicable to municipal utility districts created under Section 59, Article XVI, Texas Constitution. Sec. 8150.103. TAX INCREMENT REINVESTMENT ZONE. (a) All or any part of the area of the district is eligible to be included in a tax increment reinvestment zone created under Chapter 311, Tax Code. (b) The district may enter into a contract with the board of directors of a reinvestment zone and the governing body of the city that provides for the district to manage or assist in managing the reinvestment zone or to implement or assist in implementing the reinvestment zone's project plan and reinvestment zone financing plan. The contract may require the district to issue bonds or other obligations and pledge the contract revenues to the payment of the bonds or other obligations. Sec. 8150.104. NO EMINENT DOMAIN POWER. The district may not exercise the power of eminent domain.
[Sections 8150.105-8150.150 reserved for expansion]
SUBCHAPTER D. ADDITIONAL ROAD POWERS
Sec. 8150.151. ROAD PROJECTS. (a) As authorized by Section 52, Article III, Texas Constitution, the district may construct, acquire, improve, maintain, or operate, inside and outside the district, roads and road facilities as defined by Chapter 441, Transportation Code. (b) The roads and road facilities authorized by Subsection (a) may include drainage, landscaping, pedestrian improvements, lights, signs, or signals that are incidental to the roads and their construction, maintenance, or operation. (c) The roads and road facilities authorized by this section must meet all applicable construction standards, zoning and subdivision requirements, and regulatory ordinances of the city. (d) On completion of a road or road facility authorized by this section, the district, with the consent of the city, may convey the road or road facility to the city if the conveyance is free of all indebtedness of the district. If the city becomes the owner of a road or road facility, the city is responsible for all future maintenance and upkeep and the district has no further responsibility for the road or road facility or its maintenance or upkeep, unless otherwise agreed to by the district and the city. Sec. 8150.152. JOINT ROAD PROJECTS. (a) A district may contract with a state agency, political subdivision, or corporation created under Chapter 431, Transportation Code, for a joint road project. (b) The contract may: (1) provide for joint payment of project costs; and (2) require the state agency, political subdivision, or corporation to design, construct, or improve a project as provided by the contract. (c) A contract may be a contract under Section 49.108, Water Code. Sec. 8150.153. REIMBURSEMENT FOR ROAD PROJECT. (a) The district may: (1) reimburse a private person for money spent to construct a road or road facility that is dedicated or otherwise transferred to public use; or (2) purchase a road or road facility constructed by a private person. (b) The amount paid for the reimbursement or for the purchase of a road or road facility under Subsection (a) may: (1) include all construction costs, including engineering, legal, financing, and other expenses incident to the construction; or (2) be at a price not to exceed the replacement cost of the road or road facility as determined by the board. (c) The reimbursement or purchase of a road or road facility may be paid for with proceeds from the sale of the district's bonds or from any other money available to the district. (d) The district may enter into an agreement to use the proceeds of a subsequent bond sale to reimburse a private person under this section. The agreement may provide the terms and conditions under which the road or road facility is to be dedicated or transferred for the benefit of the public.
[Sections 8150.154-8150.200 reserved for expansion]
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
Sec. 8150.201. ELECTIONS REGARDING TAXES OR BONDS. (a) The district may issue, without an election, bonds and other obligations secured by revenue or contract payments from any source other than ad valorem taxation. (b) The district must hold an election in the manner provided by Chapters 49 and 54, Water Code, to obtain voter approval before the district may impose an ad valorem tax or issue bonds payable from ad valorem taxes. (c) The board may include more than one purpose in a single proposition at an election. (d) The district may issue bonds or other obligations to finance road projects under Section 52(b)(3), Article III, Texas Constitution, secured wholly or partly by ad valorem taxation, impose ad valorem taxes to pay the principal of and interest on the obligations, and provide a sinking fund for the redemption of the obligations only if the issuance is approved by a two-thirds majority of the voters of the district voting at an election held for that purpose. The total amount of bonds issued under this subsection may not exceed one-fourth of the assessed market value of real property of the district as determined by the chief appraiser of the appraisal district that appraises property for the district. Sec. 8150.202. AD VALOREM TAX. (a) If authorized at an election held under Section 8150.201, the district may impose an annual ad valorem tax on taxable property in the district for the provision of services or for the maintenance and operation of the district, including the improvements constructed or acquired by the district. (b) The board shall determine the tax rate. The rate may not exceed the rate approved at the election.
[Sections 8150.203-8150.250 reserved for expansion]
SUBCHAPTER F. BONDS AND OTHER OBLIGATIONS
Sec. 8150.251. AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS. (a) The district may issue bonds or other obligations payable wholly or partly from ad valorem taxes, impact fees, revenue, grants, or other district money, or any combination of those sources, to pay for any authorized district purpose. (b) The district may issue a bond or other obligation in the form of a bond, note, certificate of participation, or other instrument evidencing a proportionate interest in payments to be made by the district, or other type of obligation. Sec. 8150.252. TAXES FOR BONDS AND OTHER OBLIGATIONS. At the time bonds or other obligations payable wholly or partly from ad valorem taxes are issued: (1) the board shall impose a continuing direct annual ad valorem tax, without limit as to rate or amount, for each year that all or part of the bonds are outstanding; and (2) the district annually shall impose the continuing direct annual ad valorem tax on all taxable property in the district in an amount sufficient to: (A) pay the interest on the bonds or other obligations as the interest becomes due; (B) create a sinking fund for the payment of the principal of the bonds or other obligations when due or the redemption price at any earlier required redemption date; and (C) pay the expenses of imposing the taxes. Sec. 8150.253. BONDS FOR CONTRACT COSTS. If the district enters into a contract under Section 8150.152, the district may issue bonds to pay all or part of the costs of the joint road project and any other payments required under the contract. Sec. 8150.254. BONDS PAYABLE FROM REVENUE FROM CERTAIN CONTRACTS. The district may issue bonds payable wholly or partly from the revenue of a contract authorized by Section 8150.103(b) to pay for the implementation of the reinvestment zone's project plan or reinvestment zone financing plan. Sec. 8150.255. AUTHORITY OF TEXAS COMMISSION ON ENVIRONMENTAL QUALITY OVER ISSUANCE OF DISTRICT BONDS. (a) Sections 49.181 and 49.182, Water Code, apply to all water, wastewater, drainage, and recreational facility projects of the district and bonds issued for those purposes. (b) Section 49.181, Water Code, applies to all road and road facility projects and bonds issued for those purposes, but the review of the Texas Commission on Environmental Quality of the projects is limited to the financial feasibility of the projects and bonds, and does not include the review or approval of the design and construction of the projects or the engineering feasibility of the projects. The commission shall adjust the requirements of written applications for investigation of feasibility in accordance with this subsection. (c) Section 49.182, Water Code, does not apply to road and road facility projects or bonds issued for those purposes. (d) To the extent that the district issues bonds secured solely by revenues provided under a contract described in Section 8150.103(b), Sections 49.181, 49.182, and 49.4645, Water Code, do not apply to the issuance of the bonds and do not restrict the types of facilities or improvements that may be financed with the bonds. (e) Projects and bonds of the district are not subject to the review and approval of the Texas Transportation Commission or the rules adopted by the Texas Transportation Commission. Sec. 8150.256. APPLICABILITY OF OTHER BOND LAW. Chapter 1471, Government Code, does not apply to the district. SECTION 2. The Imperial Redevelopment District initially includes all the territory contained in the following area: TRACT A 12.9163 ACRE TRACT OUT OF THE S.M. WILLIAMS LEAGUE SURVEY, ABSTRACT NO. 97 A FIELD NOTE DESCRIPTION OF A 12.9163 ACRE TRACT OF LAND OUT OF THE ORIGINAL CALL IMPERIAL SUGAR COMPANY'S (IMPERIAL HOLLY CORPORATION) CALL 643.885 ACRE TRACT RECORDED IN VOLUME 135, PAGE 18 OF THE DEED RECORDS OF FORT BEND COUNTY, TEXAS, AND BEING IN THE S.M. WILLIAMS LEAGUE, ABSTRACT #97, CITY OF SUGAR LAND, FORT BEND COUNTY, TEXAS, SUCH TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: FOR CONNECTION BEGIN AT A POINT IN THE NORTHWEST RIGHT-OF-WAY LINE OF THE G.H. & S.A. RAILROAD (100 FEET WIDE) MARKING THE SOUTHEAST CORNER OF THE ORIGINAL CALL IMPERIAL SUGAR COMPANY'S 643.885 ACRE TRACT RECORDED IN VOLUME 135, PAGE 18 OF THE DEED RECORDS OF FORT BEND COUNTY, TEXAS; THENCE, SOUTH 78 DEGREES 02 MINUTES 00 SECONDS WEST, AT 1283.1 FEET PASS THE WEST LINE OF THE BROWN & BELKNAP LEAGUE, ABSTRACT #15 AND EAST LINE OF THE S.M. WILLIAMS LEAGUE, ABSTRACT #97, IN ALL 3680.53 FEET TO A 1/2 INCH IRON PIPE FOUND AT THE EAST RIGHT-OF-WAY LINE OF SCHOOL BLVD. AND MARKING THE SOUTHWEST CORNER OF THE IMPERIAL HOLLY CORPORATION 74.6347 ACRE "PECAN ORCHARD TRACT"; THENCE NORTH 11 DEGREES 45 MINUTES 00 SECONDS WEST, 42.00 FEET ALONG THE EAST RIGHT-OF-WAY LINE OF SCHOOL BLVD. TO A POINT; THENCE, SOUTH 78 DEGREES 02 MINUTES 00 SECONDS WEST, 60.00 FEET TO A 5/8 INCH IRON ROD SET MARKING THE SOUTHEAST CORNER OF AND PLACE OF BEGINNING FOR THIS TRACT; THENCE, SOUTH 78 DEGREES 02 MINUTES 00 SECONDS WEST, 1079.29 FEET ALONG A LINE 30 FEET NORTH OF AND PARALLEL TO THE CONCRETE PAVING ON KEMPNER STREET TO A 5/8 INCH IRON ROD SET AT THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF MAIN STREET (30 EAST OF CENTERLINE OF CONCRETE PAVING) (MAIN STREET DEDICATION RECORDED IN PLAT BOOK 12, PAGE 8 OF THE MAP RECORDS OF FORT BEND COUNTY, TEXAS) MARKING THE SOUTHWEST CORNER OF THIS TRACT; THENCE, NORTHERLY ALONG THE EAST RIGHT-OF-WAY LINE OF MAIN STREET (60 FEET WIDE) WITH THE FOLLOWING COURSES AND DISTANCE: NORTH 20 DEGREES 46 MINUTES 30 SECONDS WEST, 241.23 FEET TO A 5/8 INCH IRON ROD SET FOR POINT OF CURVE TO THE RIGHT; ALONG SAID CURVE TO THE RIGHT WITH THE FOLLOWING DATA: DELTA = 22 DEGREES 19 MINUTES 57 SECONDS, RADIUS = 371.48 FEET, LENGTH = 144.79 FEET AND CHORD = NORTH 09 DEGREES 36 MINUTES 32 SECONDS WEST, 143.88 FEET TO A 5/8 INCH IRON ROD SET MARKING THE POINT OF TANGENCY OF THIS CURVE; NORTH 01 DEGREES 33 MINUTES 27 SECONDS EAST, 195.99 FEET TO A POINT FOR THE NORTHWEST CORNER OF THIS TRACT; SAID POINT ALSO MARKS THE SOUTHWEST CORNER OF THE CITY OF SUGAR LAND, TEXAS, 2.0 ACRE, MORE OR LESS, TRACT RECORDED IN VOLUME 523, PAGE 465 OF THE DEED RECORDS OF FORT BEND COUNTY, TEXAS; THENCE, EASTERLY ALONG THE NORTH EDGE OF CLEVELAND LAKE CANAL AND THE SOUTH LINE OF SAID CITY OF SUGAR LAND, TEXAS, 2.0 ACRE TRACT WITH THE FOLLOWING COURSES AND DISTANCES: NORTH 75 DEGREES 20 MINUTES 40 SECONDS EAST, 176.32 FEET TO A POINT; NORTH 77 DEGREES 12 MINUTES 00 SECONDS EAST, 363.75 FEET TO A POINT; NORTH 75 DEGREES 32 MINUTES 00 SECONDS EAST, 124.51 FEET TO A POINT; SOUTH 86 DEGREES 31 MINUTES 06 SECONDS EAST, 141.89 FEET TO A POINT; NORTH 84 DEGREES 27 MINUTES 46 SECONDS EAST, 267.15 FEET TO A POINT FOR THE NORTHEAST CORNER OF THIS TRACT; SAID POINT ALSO MARKS THE SOUTHEAST CORNER OF SAID CITY OF SUGAR LAND, TEXAS 2.0 ACRE TRACT AND IN THE WEST RIGHT-OF-WAY LINE OF SCHOOL BLVD. (60 FEET WIDE); THENCE SOUTH 11 DEGREES 45 MINUTES 00 SECONDS EAST, ALONG THE WEST RIGHT-OF-WAY LINE OF SCHOOL BLVD. AND CROSSING CLEVELAND LAKE CANAL, 163.70 FEET TO A 5/8 INCH IRON ROD FOUND MARKING THE NORTHEAST CORNER OF THE INTERNATIONAL CHRISTIAN NETWORK CHURCH 1.5 ACRE TRACT RECORDED IN COUNTY CLERK'S FILE #9609068 FOR CORNER; THENCE, SOUTH 78 DEGREES 10 MINUTES 19 SECONDS WEST, 75.09 FEET TO A POINT; THENCE, SOUTH 82 DEGREES 09 MINUTES 27 SECONDS WEST, 59.00 FEET TO A POINT; THENCE, NORTH 84 DEGREES 01 MINUTES 23 SECONDS WEST, 198.51 FEET TO A 1/2 INCH IRON ROD FOUND MARKING THE NORTHWEST CORNER OF SAID INTERNATIONAL CHRISTIAN NETWORK CHURCH 1.5 ACRE TRACT; THENCE, SOUTH 11 DEGREES 38 MINUTES 53 SECONDS EAST, 246.18 FEET TO A 1-1/4 INCH IRON PIPE FOUND MARKING THE SOUTHWEST CORNER OF SAID INTERNATIONAL CHRISTIAN NETWORK CHURCH 1.5 ACRE TRACT; THENCE, NORTH 78 DEGREES 16 MINUTES 58 SECONDS EAST, 323.47 FEET TO A 7/8 INCH IRON PIPE FOUND MARKING THE SOUTHEAST CORNER OF SAID INTERNATIONAL CHRISTIAN NETWORK CHURCH 1.5 ACRE TRACT; THENCE, SOUTH 11 DEGREES 45 MINUTES 00 SECONDS EAST, ALONG THE WEST RIGHT-OF-WAY LINE OF SCHOOL BLVD., 178.29 FEET TO THE PLACE OF BEGINNING AND CONTAINING 12.9163 ACRES OF LAND. TRACT B 78.005 ACRE TRACT OUT OF THE ALEXANDER HODGE SURVEY, ABSTRACT NO. 32 A FIELD NOTE DESCRIPTION OF 78.005 ACRES OF LAND, BEING OUT OF THE ORIGINAL IMPERIAL SUGAR COMPANY'S CALL 643.885 ACRE TRACT RECORDED IN VOLUME 135, PAGE 18 OF THE DEED RECORDS OF FORT BEND COUNTY, TEXAS, AND BEING 77.142 ACRES OF LAND IN THE ALEXANDER HODGE LEAGUE, ABSTRACT #32 AND 0.863 ACRES OF LAND IN THE S.M. WILLIAMS LEAGUE, ABSTRACT #97, CITY OF SUGAR LAND, FORT BEND COUNTY, TEXAS; SUCH TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS DESCRIPTION AS FOLLOWS: FOR CONNECTION BEGIN AT A CONCRETE MONUMENT FOUND IN THE NORTHWEST RIGHT-OF-WAY LINE OF THE G.H. & S.A. RAILROAD (100 FOOT WIDE RIGHT-OF-WAY) MARKING THE SOUTHWEST CORNER OF SAID CALL 643.885 ACRE TRACT; SAID CORNER BEING IN THE EAST LINE OF THE STATE OF TEXAS-DEPARTMENT OF CORRECTIONS TRACT; THENCE, NORTH 61 DEGREES 32 MINUTES 21 SECONDS EAST, 342.03 FEET ALONG THE NORTHWEST RIGHT-OF-WAY LINE OF SAID G.H. & S.A. RAILROAD TO A 5/8 INCH IRON ROD FOUND MARKING THE SOUTHWEST CORNER OF AND PLACE OF BEGINNING FOR THIS TRACT; SAID CORNER BEING THE SOUTHEAST CORNER OF THE FORT BEND WATER CONTROL & IMPROVEMENT DISTRICT NO. 1 (FBWC&ID NO. 1) 2.087 ACRE TRACT TWO RECORDED IN VOLUME 895, PAGE 275 OF THE DEED RECORDS OF FORT BEND COUNTY, TEXAS; THENCE, NORTH 57 DEGREES 02 MINUTES 13 SECONDS WEST, 606.15 FEET TO A 5/8 INCH IRON ROD FOUND MARKING THE NORTHWEST CORNER OF SAID FBWC&ID NO. 1 CALLED 2.087 ACRE TRACT AND A CORNER OF THIS TRACT; THENCE, NORTH 22 DEGREES 51 MINUTES 50 SECONDS WEST, 627.65 FEET TO A 5/8 INCH IRON ROD FOUND MARKING THE SOUTHEAST CORNER OF THE FBWC&ID NO. 1 CALLED 0.651 ACRE TRACT AND A CORNER OF THIS TRACT; THENCE, NORTH 03 DEGREES 22 MINUTES 50 SECONDS WEST, 790.87 FEET TO A 5/8 INCH IRON ROD FOUND MARKING THE SOUTHEAST CORNER OF THE FORT BEND COUNTY 1.294 ACRE EASEMENT RECORDED IN VOLUME 952, PAGE 445 OF THE DEED RECORDS OF FORT BEND COUNTY, TEXAS AND THE SOUTHWEST CORNER OF THE IMPERIAL HOLLY CORPORATION 1.2590 ACRE TRACT RECORDED IN VOLUME 2313, PAGE 1793 OF THE OFFICIAL RECORDS OF FORT BEND COUNTY, TEXAS; THENCE, NORTH 04 DEGREES 46 MINUTES 16 SECONDS EAST, 100.15 FEET TO A 5/8 INCH IRON ROD FOUND IN THE ABANDONED NORTH RIGHT-OF-WAY LINE OF THE MISSOURI PACIFIC RAILROAD FOR CORNER; SAID CORNER BEING THE NORTHWEST CORNER OF SAID IMPERIAL HOLLY CORPORATION CALLED 1.2590 ACRE TRACT; THENCE, SOUTH 82 DEGREES 07 MINUTES 10 SECONDS EAST, 111.00 FEET TO A 5/8 INCH IRON ROD FOUND MARKING POINT OF CURVE TO THE LEFT; THENCE, EASTERLY ALONG A CURVE TO THE LEFT MARKING THE NORTH RIGHT-OF-WAY LINE OF SAID ABANDONED MISSOURI PACIFIC RAILROAD (100 FOOT WIDE RIGHT-OF-WAY) AND NORTH LINE OF SAID IMPERIAL HOLLY CORPORATION CALLED 1.2590 ACRE TRACT WITH THE FOLLOWING DATA: DELTA = 14 DEGREES 30 MINUTES 01 SECONDS, RADIUS = 992.14 FEET, LENGTH = 251.09 FEET, CHORD = SOUTH 89 DEGREES 22 MINUTES 11 SECONDS EAST, 250.42 FEET TO A 5/8 INCH IRON ROD FOUND MARKING THE POINT OF TANGENCY; THENCE, NORTH 83 DEGREES 22 MINUTES 51 SECONDS EAST, AT 402.91 FEET PASS THE NORTHEAST CORNER OF SAID IMPERIAL HOLLY CORPORATION CALLED 1.2590 ACRE TRACT, IN ALL 448.23 FEET TO A 5/8 INCH IRON ROD FOUND FOR CORNER; SAID CORNER BEING THE SOUTHERLY SOUTHEAST CORNER OF THE IMPERIAL SUGAR COMPANY 60.529 ACRE (CALLED 60.55 ACRE TRACT) RECORDED IN VOLUME 601, PAGE 741 OF THE DEED RECORDS OF FORT BEND COUNTY, TEXAS; THENCE, NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, 53.01 FEET TO A POINT ON THE CENTERLINE OF OYSTER CREEK FOR CORNER; THENCE, EASTERLY ALONG THE CENTERLINE OF OYSTER CREEK ALONG THE DEED CALL BEARING AND DISTANCE IN SAID DEED RECORDED IN VOLUME 601, PAGE 741 OF THE DEED RECORDS OF FORT BEND COUNTY, TEXAS, AS FOLLOWS: NORTH 62 DEGREES 30 MINUTES 00 SECONDS EAST, 445.10 FEET TO A POINT; NORTH 75 DEGREES 00 MINUTES 00 SECONDS EAST, 275.00 FEET TO A POINT; SOUTH 86 DEGREES 30 MINUTES 00 SECONDS EAST, 775.00 FEET TO A POINT; NORTH 78 DEGREES 15 MINUTES 00 SECONDS EAST, 357.00 FEET TO A POINT; NORTH 42 DEGREES 30 MINUTES 00 SECONDS EAST, 308.00 FEET TO A POINT; NORTH 08 DEGREES 00 MINUTES 00 SECONDS EAST, 50.34 FEET TO A POINT FOR CORNER; THENCE, NORTH 89 DEGREES 01 MINUTES 24 SECONDS EAST, LEAVING SAID CENTERLINE, AT 59.2 FEET PASS THE SOUTHWEST CORNER OF THE SUSIE GALVAN 0.191 ACRE TRACT RECORDED IN VOLUME 2423, PAGE 890 OF THE OFFICIAL RECORDS OF FORT BEND COUNTY, TEXAS, IN ALL 146.0 FEET TO A 5/8 INCH IRON ROD FOUND MARKING THE NORTHWEST CORNER OF THE HOUSTON SHELL & CONCRETE COMPANY TRACT RECORDED IN VOLUME 1902, PAGE 2 OF THE OFFICIAL RECORDS OF FORT BEND COUNTY, TEXAS; THENCE, SOUTH 01 DEGREES 32 MINUTES 56 SECONDS EAST, AT 60 FEET PASS A 5/8 INCH IRON ROD FOUND MARKING THE NORTHWEST CORNER OF THE RAWLEY M. OUTLAW, JR. 0.241 ACRE TRACT RECORDED IN VOLUME 1086, PAGE 717 OF THE DEED RECORDS OF FORT BEND COUNTY, TEXAS; IN ALL 120.00 FEET TO A 5/8 INCH IRON ROD FOUND MARKING THE SOUTHWEST CORNER OF SAID RAWLEY M. OUTLAW, JR., 0.241 ACRE TRACT AND A RE-ENTRANT CORNER OF THIS TRACT; THENCE, NORTH 88 DEGREES 54 MINUTES 38 SECONDS EAST, AT 175.00 FEET PASS A 1/2 INCH IRON PIPE FOUND IN ALL 175.68 FEET TO A 5/8 INCH IRON ROD FOUND IN THE WEST RIGHT-OF-WAY LINE OF ULRICH STREET (60 FEET WIDE) AND MARKING THE NORTHEAST CORNER OF THIS TRACT; SAID CORNER BEARS SOUTH 01 DEGREES 40 MINUTES 24 SECONDS EAST, 682.86 FEET FROM A CONCRETE MONUMENT FOUND MARKING THE SOUTHEAST CORNER OF BLOCK NO. 1 OF MAYFIELD PARK, SECTION TWO RECORDED IN VOLUME 415, PAGE 347 OF THE DEED RECORDS OF FORT BEND COUNTY, TEXAS; THENCE, SOUTHERLY ALONG THE WEST RIGHT-OF-WAY OF ULRICH STREET WITH THE FOLLOWING COURSES AND DISTANCES: SOUTH 01 DEGREE 40 MINUTES 24 SECONDS EAST, 101.68 FEET TO A 5/8 INCH IRON ROD FOUND FOR ANGLE POINT; SOUTH 03 DEGREES 30 MINUTES 44 SECONDS EAST, 145.89 FEET TO A 5/8 INCH IRON ROD FOUND FOR ANGLE POINT; SOUTH 03 DEGREES 50 MINUTES 44 SECONDS EAST, AT 49.67 FEET PASS THE CENTERLINE OF THE MISSOURI PACIFIC RAILROAD (100 FEET WIDE RIGHT-OF-WAY), IN ALL 282.01 FEET TO A 5/8 INCH IRON ROD SET FOR ANGLE POINT; SOUTH 04 DEGREES 41 MINUTES 24 SECONDS EAST, AT 126.01 FEET PASS A 5/8 INCH IRON ROD FOUND IN THE INTERSECTION OF THE WEST RIGHT-OF-WAY LINE OF ULRICH STREET AND NORTH RIGHT-OF-WAY OF IMPERIAL ROAD, IN ALL 154.86 FEET TO A POINT; SOUTH 23 DEGREES 22 MINUTES 07 SECONDS EAST, 22.70 FEET TO A BRASS CAP FOUND AT THE INTERSECTION OF THE WEST RIGHT-OF-WAY LINE OF ULRICH STREET AND SOUTH RIGHT-OF-WAY LINE OF IMPERIAL ROAD (50 FEET WIDE) AND MARKING THE NORTHEAST CORNER OF THE NALCO/EXXON ENERGY CHEMICALS, L.P. 30.772 ACRE TRACT AND ORIGINAL CALLED 2.368 ACRE TRACT RECORDED IN VOLUME 2694, PAGE 614 OF THE OFFICIAL RECORDS OF FORT BEND COUNTY, TEXAS; THENCE, SOUTH 88 DEGREES 06 MINUTES 16 SECONDS WEST, 334.69 FEET ALONG THE SOUTH RIGHT-OF-WAY LINE OF IMPERIAL ROAD TO A 3/4 INCH IRON PIPE FOUND MARKING POINT OF CURVE TO THE LEFT; THENCE, WESTERLY ALONG A CURVE TO THE LEFT MARKING THE SOUTH RIGHT-OF-WAY LINE OF IMPERIAL ROAD WITH THE FOLLOWING DATA: DELTA = 10 DEGREES 59 MINUTES 20 SECONDS, RADIUS = 806.69 FEET, LENGTH = 154.72 FEET AND CHORD = SOUTH 82 DEGREES 36 MINUTES 54 SECONDS WEST, 154.48 FEET TO A 3/4 INCH IRON PIPE FOUND MARKING THE POINT OF TANGENCY; THENCE, SOUTH 77 DEGREES 07 MINUTES 14 SECONDS WEST, 1567.66 FEET ALONG THE SOUTH RIGHT-OF-WAY LINE OF IMPERIAL ROAD TO A 3/4 INCH IRON PIPE FOUND MARKING THE NORTHWEST CORNER OF SAID NALCO/EXXON ENERGY CHEMICALS, L.P. 30.772 ACRE TRACT AND THE NORTHWEST CORNER OF THE CALLED 2.159 ACRE TRACT RECORDED IN VOLUME 2694, PAGE 614 OF THE OFFICIAL RECORDS OF FORT BEND COUNTY, TEXAS; SAID CORNER BEING A RE-ENTRANT CORNER OF THIS TRACT; THENCE, SOUTH 15 DEGREES 30 MINUTES 00 SECONDS EAST, AT 906.87 FEET PASS A 1/2 INCH IRON ROD MARKING THE SOUTHWEST CORNER OF THE NALCO/EXXON ENERGY CHEMICALS, L.P. 10.0 ACRE TRACT RECORDED IN VOLUME 2694, PAGE 614 OF THE OFFICIAL RECORDS OF FORT BEND COUNTY, TEXAS, IN ALL 958.45 FEET TO A 1/2 INCH IRON PIPE FOUND MARKING THE SOUTHERLY SOUTHEAST CORNER OF THIS TRACT; THENCE, SOUTH 61 DEGREES 32 MINUTES 21 SECONDS WEST, 715.90 FEET ALONG THE NORTHWEST RIGHT-OF-WAY LINE OF THE G.H. & S.A. RAILROAD (100 FEET WIDE RIGHT-OF-WAY) TO THE PLACE OF BEGINNING AND CONTAINING 78.005 ACRES OF LAND., SAVE & EXCEPT THE FORT BEND UTILITIES CALL 0.268 ACRE TRACT RECORDED IN VOLUME 332, PAGE 568 OF THE DEED RECORDS OF FORT BEND COUNTY, TEXAS; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; SAVE AND EXCEPT FOR CONNECTION BEGIN AT A POINT ON THE CENTERLINE OF THE MAIN LINE OF THE MISSOURI PACIFIC RAILROAD AND CENTERLINE OF ULRICH STREET; THENCE, SOUTH 83 DEGREES 23 MINUTES 00 SECONDS, AT 26.5 FEET PASS A POINT; IN ALL 271.2 FEET TO A POINT ON THE CENTERLINE OF SAID MISSOURI PACIFIC RAILROAD; THENCE, NORTH 06 DEGREES 37 MINUTES 00 SECONDS WEST, 163.75 FEET TO A POINT MARKING THE SOUTHEAST CORNER OF AND PLACE OF BEGINNING FOR THIS 0.286 ACRE TRACT; THENCE, SOUTH 83 DEGREES 23 MINUTES 00 SECONDS WEST, 100.0 FEET TO A POINT MARKING THE SOUTHWEST CORNER OF THIS TRACT; THENCE, NORTH 06 DEGREES 37 MINUTES 00 SECONDS WEST, TO A POINT ON THE BANK OF OYSTER CREEK FOR THE NORTHWEST CORNER OF THIS TRACT; THENCE, NORTH 83 DEGREES 23 MINUTES 00 SECONDS EAST, 100.0 FEET TO A POINT MARKING THE NORTHEAST CORNER OF THIS TRACT; THENCE, SOUTH 06 DEGREES 37 MINUTES 00 SECONDS EAST, 125.0 FEET TO THE PLACE OF BEGINNING AND CONTAINING 0.286 ACRE OF LAND. 78.005 ACRES LESS 0.286 ACRES = 77.719 ACRES SAVE AND EXCEPT, THAT CERTAIN 0.268 ACRE TRACT OF LAND CONVEYED TO FORT BEND COUNTY UTILITIES, AS RECORDED IN THAT DEED IN VOLUME 332, PAGE 568 OF THE DEED RECORDS OF FORT BEND COUNTY, TEXAS; AND THAT PORTION OF SUBJECT PROPERTY MENTIONED IN THOSE DEED RECORDED IN VOLUME 71, PAGE 485, VOLUME 74, PAGE 86, VOLUME 92, PAGE 75, VOLUME 114, PAGE 504, VOLUME 412, PAGE 571 AND IN VOLUME 445, PAGE 369 OF THE DEED RECORDS OF FORT BEND COUNTY, TEXAS. TRACT C 60.529 ACRE TRACT OUT OF THE ALEXANDER HODGE SURVEY, ABSTRACT NO. 32 A FIELD NOTE DESCRIPTION OF 60.529 ACRES OF LAND, BEING THE IMPERIAL SUGAR COMPANY CALL 60.55 ACRE TRACT RECORDED IN VOLUME 601, PAGE 741 OF THE DEED RECORDS OF FORT BEND COUNTY, TEXAS, AND BEING IN THE ALEXANDER HODGE LEAGUE, ABSTRACT #32, FORT BEND COUNTY, TEXAS, SUCH TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT A 5/8 INCH IRON ROD SET IN THE NORTH RIGHT-OF-WAY LINE OF THE MISSOURI PACIFIC RAILROAD MAIN LINE (100 FEET WIDE RIGHT-OF-WAY) WHICH BEARS SOUTH 83 DEGREES 22 MINUTES 51 SECONDS WEST, 2351.03 FEET FROM THE WEST RIGHT-OF-WAY LINE OF ULRICH STREET (60 FEET WIDE) ; SAID CORNER ALSO BEARS NORTH 09 DEGREES 03 MINUTES 59 SECONDS EAST, 2018.94 FEET FROM THE SOUTHWEST CORNER OF THE ORIGINAL IMPERIAL SUGAR COMPANY'S CALL 643.885 ACRE TRACT RECORDED IN VOLUME 135, PAGE 18 OF THE DEED RECORDS OF FORT BEND COUNTY, TEXAS, IN THE NORTHWEST RIGHT-OF-WAY LINE OF THE G.H. & S.A. RAILROAD; SAID POINT BEING THE SOUTHERLY SOUTHEAST CORNER OF AND PLACE OF BEGINNING FOR THIS TRACT; THENCE, SOUTH 83 DEGREES 22 MINUTES 51 SECONDS WEST, ALONG THE NORTHWEST RIGHT-OF-WAY LINE OF SAID MISSOURI PACIFIC RAILROAD, AT 45.32 FEET PASS THE NORTHEAST CORNER OF THE IMPERIAL HOLLY CORPORATION CALL 1.2590 ACRE TRACT RECORDED IN VOLUME 2313, PAGE 1793 OF THE OFFICIAL RECORDS OF FORT BEND COUNTY, TEXAS, IN ALL 448.23 FEET TO A 5/8 INCH IRON ROD SET MARKING THE SOUTHERLY SOUTHWEST CORNER OF THIS TRACT; THENCE, NORTH 07 DEGREES 38 MINUTES 10 SECONDS WEST, 27.42 FEET TO A POINT ON THE CENTERLINE OF OYSTER CREEK AND 6.45 FEET WEST OF THE WEST EDGE OF A TIMBER BRIDGE FOR CORNER; THENCE, NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, 110.0 FEET IN OYSTER CREEK TO A POINT; THENCE, NORTH 24 DEGREES 35 MINUTES 30 SECONDS WEST, 482.77 FEET ALONG A LINE IN OYSTER CREEK TO A POINT MARKING THE NORTHWEST CORNER OF THIS TRACT; THENCE, NORTH 61 DEGREES 51 MINUTES 52 SECONDS EAST, AT 125.34 FEET PASS A CONCRETE MONUMENT FOUND, THEN ALONG A FENCE LINE, AT 3151.28 FEET PASS AN IRON PIPE FOUND IN CONCRETE, IN ALL 3177.89 FEET TO A POINT IN OYSTER CREEK MARKING THE NORTHEAST CORNER OF THIS TRACT; THENCE, SOUTHERLY AND WESTERLY ALONG THE CENTERLINE OF OYSTER CREEK WITH THE FOLLOWING COURSES AND DISTANCES: SOUTH 16 DEGREES 45 MINUTES 00 SECONDS WEST, 20.49 FEET TO A POINT; SOUTH 06 DEGREES 15 MINUTES 00 SECONDS EAST, 560.00 FEET TO A POINT; SOUTH 08 DEGREES 00 MINUTES 00 SECONDS WEST, 762.00 FEET TO A POINT; SOUTH 42 DEGREES 30 MINUTES 00 SECONDS WEST, 308.00 FEET TO A POINT; SOUTH 78 DEGREES 15 MINUTES 00 SECONDS WEST, 357.00 FEET TO A POINT; NORTH 86 DEGREES 30 MINUTES 00 SECONDS WEST, 775.00 FEET TO A POINT; SOUTH 75 DEGREES 00 MINUTES 00 SECONDS WEST, 275.00 FEET TO A POINT; SOUTH 62 DEGREES 30 MINUTES 00 SECONDS WEST, 445.10 FEET TO A POINT FOR CORNER; THENCE, SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST, LEAVING SAID CENTERLINE OF OYSTER CREEK 53.01 FEET TO THE PLACE OF BEGINNING AND CONTAINING 60.529 ACRES OF LAND. TRACT D 41.0331 ACRE TRACT OUT OF THE S.M. WILLIAMS LEAGUE SURVEY, ABSTRACT NO. 97 A FIELD NOTE DESCRIPTION OF A 41.0331 ACRE (1,787,400 SQUARE FEET) TRACT OF LAND, OUT OF A TRACT KNOWN AS THE "REFINERY TRACT"; OUT OF THE ORIGINAL CALL IMPERIAL SUGAR COMPANY'S (IMPERIAL HOLLY CORPORATION CALL 643.885 ACRE TRACT RECORDED IN VOLUME 135, PAGE 18 OF THE DEED RECORDS OF FORT BEND COUNTY, TEXAS, AND BEING IN THE S. M. WILLIAMS LEAGUE, ABSTRACT #97, CITY OF SUGAR LAND, FORT BEND COUNTY, TEXAS, SUCH TRACT BEING MORE PARTICULARLY DESCRIBED BY THE METES AND BOUNDS DESCRIPTION AS FOLLOWS; FOR CONNECTION BEGIN AT A POINT IN THE NORTHWEST RIGHT-OF-WAY LINE OF THE G.H. & S. A. RAILROAD (100 FEET WIDE) MARKING THE SOUTHEAST CORNER OF THE ORIGINAL CALL IMPERIAL SUGAR COMPANY'S 643.885 ACRE TRACT RECORDED IN VOLUME 135, PAGE 18 OF THE DEED RECORDS OF FORT BEND COUNTY, TEXAS; THENCE, SOUTH 78 DEGREES 02 MINUTES 00 SECONDS WEST, AT 1283.1 FEET PASS THE WEST LINE OF THE BROWN & BELKNAP LEAGUE, ABSTRACT #15 AND EAST LINE OF THE S. M. WILLIAMS LEAGUE, ABSTRACT #97, IN ALL 3680.53 FEET TO A 1/2 INCH IRON PIPE FOUND AT THE EAST RIGHT OF WAY LINE OF SCHOOL BLVD. AND MARKING THE SOUTHWEST CORNER OF THE IMPERIAL HOLLY CORPORATION 74.6347 ACRE "PECAN ORCHARD TRACT" SAME BEING THE SOUTHWEST CORNER OF A CALLED 43.9697 ACRE TRACT DESCRIBED IN DEED RECORDED IN FORT BEND COUNTY CLERKS FILE NUMBER 2002134696; THENCE, NORTH 11 DEGREES 45 MINUTES 00 SECONDS WEST, 42.00 FEET ALONG THE EAST RIGHT OF WAY LINE OF SCHOOL BLVD. TO A POINT; THENCE, SOUTH 78 DEGREES 02 MINUTES 00 SECONDS WEST, 1139.29 FEET TO A 5/8 INCH IRON ROD SET IN THE EAST RIGHT OF WAY LINE OF MAIN STREET; THENCE, CROSSING MAIN STREET SOUTH 81 DEGREES 51 MINUTES 14 SECONDS WEST, 61.49 FEET TO A DRILL HOLE IN THE WEST RIGHT OF WAY LINE OF MAIN STREET (30 FEET WEST OF CENTERLINE OF CONCRETE PAVING) (MAIN STREET DEDICATION RECORDED IN PLAT BOOK 12, PAGE 8 OF THE MAP RECORDS OF FORT BEND COUNTY, TEXAS) ; MARKING THE SOUTHEAST CORNER OF AND PLACE OF BEGINNING FOR THIS TRACT; THENCE, SOUTH 81 DEGREES 51 MINUTES 14 SECONDS WEST, 12.88 FEET TO A FOUND 5/8 INCH IRON ROD MARKING THE SOUTHEAST CORNER OF THE CALL 0.334 ACRE TRACT KNOWN AS THE "CANNING COMPANY TRACT"; SAID CORNER BEING 40 FEET DISTANT FROM THE CENTERLINE OF KEMPNER STREET; THENCE, SOUTH 77 DEGREES 59 MINUTES 00 SECONDS WEST, 102.60 FEET ALONG A LINE 40 FEET NORTH OF AND PARALLEL TO THE CENTERLINE OF THE CONCRETE PAVING ON KEMPNER STREET TO A 5/8 INCH IRON ROD FOUND AT THE SOUTHWEST CORNER OF SAID 0.334 ACRE TRACT AND BEING IN THE EAST LINE OF THE BRAZOS VALLEY IRRIGATION COMPANY 36.35 ACRE EASEMENT ON OYSTER CREEK RECORDED IN VOLUME 167, PAGE 289 OF THE DEED RECORDS OF FORT BEND COUNTY, TEXAS; THENCE, SOUTH 29 DEGREES 15 MINUTES 00 SECONDS EAST, 28.52 FEET ALONG THE EAST LINE OF SAID BRAZOS VALLEY IRRIGATION COMPANY EASEMENT TO A SET "X" IN CONCRETE FOR CORNER; THENCE, SOUTH 78 DEGREES 02 MINUTES 00 SECONDS WEST, 119.47 FEET ALONG THE NORTH EDGE OF BRIDGE ON KEMPNER STREET ACROSS OYSTER CREEK TO A NAIL FOR ANGLE; THENCE, SOUTH 77 DEGREES 51 MINUTES 30 SECONDS WEST, 164.10 FEET ALONG THE NORTH EDGE OF BRIDGE AND NORTH BACK OF CURB OF KEMPNER STREET TO A NAIL SET FOR ANGLE POINT; THENCE, SOUTH 80 DEGREES 32 MINUTES 20 SECONDS WEST, 220.00 FEET ALONG THE NORTH EDGE OF BACK OF CURB OF KEMPNER STREET TO A NAIL FOR ANGLE POINT; THENCE, SOUTH 74 DEGREES 39 MINUTES 00 SECONDS WEST, 247.25 FEET ALONG THE NORTH EDGE OF BACK OF CURB OF KEMPNER STREET TO A NAIL FOR ANGLE POINT; THENCE, SOUTH 74 DEGREES 50 MINUTES 42 SECONDS WEST, 312.16 FEET ALONG THE NORTH EDGE OF BACK OF CURB OF KEMPNER STREET TO A NAIL FOR ANGLE POINT; THENCE, SOUTH 75 DEGREES 19 MINUTES 37 SECONDS WEST, 43.05 FEET ALONG THE NORTH EDGE OF BACK OF CURB OF KEMPNER STREET TO A FOUND 5/8 INCH IRON ROD FOR ANGLE POINT; THENCE, SOUTH 12 DEGREES 54 MINUTES 21 SECONDS WEST, 15.13 FEET ALONG BACK OF CURB TO A FOUND DRILL HOLE FOR ANGLE POINT; THENCE, SOUTH 74 DEGREES 50 MINUTES 49 SECONDS WEST, 122.38 FEET ALONG THE NORTH EDGE OF BACK OF CURB OF KEMPNER STREET TO A NAIL FOR ANGLE POINT; THENCE, NORTH 21 DEGREES 34 MINUTES 03 SECONDS WEST, 10.20 FEET TO FOUND 5/8 INCH IRON ROD MARKING THE SOUTHEAST CORNER OF THE IMPERIAL SUGAR COMPANY'S (IMPERIAL HOLLY CORPORATION) PARCEL TWO RECORDED IN VOLUME 1249, PAGE 402 OF THE DEED RECORDS OF FORT BEND COUNTY, TEXAS; THENCE, SOUTH 68 DEGREES 25 MINUTES 39 SECONDS WEST, 160.07 FEET ALONG THE SOUTH LINE OF SAID PARCEL TWO AND PARCEL ONE TO A 5/8 INCH IRON ROD FOUND MARKING THE SOUTHWEST CORNER OF THIS TRACT; SAID CORNER BEING THE SOUTHWEST CORNER OF SAID PARCEL ONE RECORDED IN VOLUME 1249, PAGE 402 OF THE DEED RECORDS OF FORT BEND COUNTY, TEXAS; THENCE, NORTHERLY ALONG THE EAST RIGHT OF WAY LINE OF ULRICH STREET (60 FEET WIDE) WITH THE FOLLOWING COURSES AND DISTANCES: NORTH 21 DEGREES 31 MINUTES 24 SECONDS WEST, 284.84 FEET TO A 5/8 INCH IRON ROD FOUND FOR ANGLE POINT; NORTH 04 DEGREES 41 MINUTES 24 SECONDS WEST, 145.54 FEET TO A 5/8 INCH IRON ROD SET FOR ANGLE POINT; NORTH 03 DEGREES 50 MINUTES 44 SECONDS WEST, 281.39 FEET TO A 5/8 INCH IRON ROD SET FOR ANGLE POINT; NORTH 03 DEGREES 30 MINUTES 44 SECONDS WEST, 144.75 FEET TO A 5/8 INCH ROD SET FOR ANGLE POINT; NORTH 01 DEGREES 40 MINUTES 24 SECONDS WEST, AT 144.06 FEET PASS A 5/8 INCH IRON ROD FOUND MARKING THE NORTHWEST CORNER OF THE ORIGINAL IMPERIAL HOLLY CORPORATION'S CALL 21.09 ACRE TRACT RECORDED IN VOLUME 445, PAGE 365 OF THE DEED RECORDS OF FORT BEND COUNTY, TEXAS, IN ALL 572.89 FEET TO THE SOUTHWEST CORNER OF A CALLED 1.7492 ACRE TRACT DESCRIBED IN DEED RECORDED IN FORT BEND COUNTY CLERKS FILE NUMBER 2002107097, AND MARKING THE MOST WESTERLY NORTHWEST CORNER OF THIS TRACT; THENCE NORTH 89 DEGREES 00 MINUTES 10 SECONDS EAST, ALONG THE MOST SOUTHERLY LINE OF SAID 1.7492 ACRE TRACT A DISTANCE OF 229.35 FEET TO A CAPPED 5/8 INCH IRON ROD FOUND FOR AN INTERIOR CORNER; THENCE NORTH 02 DEGREES 15 MINUTES 55 SECONDS EAST, ALONG AN EASTERLY LINE OF SAID 1.7492 ACRE TRACT A DISTANCE OF 49.43 FEET TO A CAPPED 5/8 INCH IRON ROD FOUND FOR AN INTERIOR CORNER; THENCE SOUTH 84 DEGREES 11 MINUTES 17 SECONDS EAST, ALONG A SOUTHERLY LINE OF SAID 1.7492 ACRE TRACT A DISTANCE OF 172.73 FEET TO A CAPPED 5/8 INCH IRON ROD FOUND FOR AN INTERIOR CORNER; THENCE NORTH 01 DEGREE 00 MINUTES 45 SECONDS WEST, ALONG AN EASTERLY LINE OF SAID 1.7492 ACRE TRACT A DISTANCE OF 81.53 FEET TO A CAPPED 5/8 INCH IRON ROD FOUND FOR AN INTERIOR CORNER; THENCE SOUTH 88 DEGREES 19 MINUTES 47 SECONDS EAST, ALONG A SOUTHERLY. LINE OF SAID 1.7492 ACRE TRACT A DISTANCE OF 30.00 FEET TO CAPPED 5/8 INCH IRON ROD FOUND FOR AN INTERIOR CORNER; THENCE NORTH 00 DEGREES 26 MINUTES 54 SECONDS WEST, ALONG THE MOST EASTERLY LINE OF SAID 1.7492 ACRE TRACT A DISTANCE OF 80.30 FEET TO A CAPPED 5/8 INCH IRON ROD FOUND FOR THE COMMON NORTHERLY CORNER OF SAID 1.7492 ACRE TRACT AND THE HEREIN DESCRIBED TRACT OF LAND AND BEING IN THE SOUTHERLY RIGHT-OF-WAY LINE OF AVENUE "D" (50.0 FEET WIDE) FOR THE MOST NORTHERLY NORTHWEST CORNER; THENCE, SOUTH 88 DEGREES 38 MINUTES 17 SECONDS EAST, ALONG THE SOUTH RIGHT OF WAY LINE OF AVENUE "D", SAME BEING THE SOUTH LINE OF MAYFIELD PARK SUBDIVISION, SECTION TWO RECORDED IN VOLUME 415, PAGE 347 OF THE DEED RECORDS OF FORT BEND COUNTY, TEXAS; IN ALL 583.24 FEET TO A 5/8 INCH IRON ROD SET IN THE WEST RIGHT OF WAY LINE OF GUYER STREET (50 FEET WIDE) FOR THE NORTHERLY NORTHEAST CORNER OF THIS TRACT; THENCE, SOUTH 01 DEGREE 21 MINUTES 43 SECONDS WEST, ALONG THE WEST RIGHT OF WAY LINE OF GUYER STREET, 161.23 FEET TO A 5/8 INCH IRON ROD SET FOR CORNER; THENCE, SOUTH 88 DEGREES 38 MINUTES 17 SECONDS EAST, ALONG THE SOUTH LINE OF GUYER STREET, AT 48.83 FEET PASS A 5/8 INCH IRON ROD FOUND, AT 121.65 FEET PASS A 5/8 INCH IRON ROD FOUND, IN ALL 160.21 FEET TO A POINT MARKING A NORTHEAST CORNER OF THIS TRACT; THENCE, SOUTH 04 DEGREES 28 MINUTES 55 SECONDS WEST, ALONG THE WEST EDGE OF OYSTER CREEK, 410.98 FEET TO A NORTHEAST CORNER OF SAID IMPERIAL HOLLY CORPORATION'S 21.09 ACRE TRACT; THENCE, SOUTH 73 DEGREES 07 MINUTES 30 SECONDS EAST, CROSSING OYSTER CREEK, 382.84 FEET TO A POINT FOR CORNER IN OYSTER CREEK FOR THE MOST EASTERLY NORTHEAST CORNER OF THIS TRACT; THENCE, SOUTHERLY ALONG THE WEST RIGHT OF WAY LINE OF MAIN STREET (60 FEET WIDE) WITH THE FOLLOWING COURSES AND DISTANCES: SOUTH 01 DEGREES 33 MINUTES 27 SECONDS WEST, 129.75 FEET TO A 5/8 INCH IRON ROD FOUND MARKING THE POINT OF CURVE TO THE LEFT; ALONG A CURVE TO THE LEFT WITH THE FOLLOWING DATA: DELTA=22 DEGREES 19 MINUTES 57 SECONDS, RADIUS=431.48 FEET, LENGTH=168.18 FEET AND CHORD=SOUTH 09 DEGREES 36 MINUTES 32 SECONDS EAST, 167.12 FEET TO A 5/8 INCH IRON ROD FOUND MARKING THE POINT OF TANGENCY OF SAID CURVE; SOUTH 20 DEGREES 46 MINUTES 30 SECONDS EAST, 227.79 FEET TO THE PLACE OF BEGINNING AND CONTAINING 41.0331 ACRES (1,787,400 SQUARE FEET) OF LAND. TRACT E 30.6237 ACRE TRACT OUT OF THE S.M. WILLIAMS LEAGUE SURVEY, ABSTRACT NO. 97 A FIELD NOTE DESCRIPTION OF 30.6237 ACRES OF LAND, KNOWN AS THE "CLEVELAND LAKE AREA", BEING 10.2452 ACRES IN THE BROWN & BELKNAP LEAGUE, ABSTRACT #15, AND 20.3785 ACRES IN THE S. M. WILLIAMS LEAGUE, ABSTRACT 97, OUT OF THE ORIGINAL IMPERIAL HOLLY COMPANY'S CALL 643.885 ACRE TRACT RECORDED IN VOLUME 135, PAGE 18 OF THE DEED RECORDS OF FORT BEND COUNTY, TEXAS; IN THE CITY OF SUGAR LAND, FORT BEND COUNTY, TEXAS, SUCH TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS DESCRIPTION AS FOLLOWS: FOR CONNECTION BEGIN AT A 5/8 INCH IRON ROD FOUND IN THE NORTHWEST RIGHT-OF-WAY LINE OF THE G.H. & S.A. RAILROAD (100 FEET WIDE) MARKING THE SOUTHEAST CORNER OF SAID IMPERIAL HOLLY COMPANY'S CALLS 643.885 ACRE TRACT; THENCE, SOUTH 78 DEGREES 02 MINUTES 00 SECONDS WEST, 182.56 FEET ALONG THE NORTHWEST RIGHT-OF-WAY LINE OF SAID RAILROAD TO A PUNCH HOLE FOUND IN CONCRETE TURN-LANE AND MARKING THE SOUTHEAST CORNER OF A CALLED 43.9697 ACRE TRACT DESCRIBED IN DEED RECORDED IN FORT BEND COUNTY CLERKS FILE NUMBER 2002134696. SAID CORNER BEING IN THE WEST RIGHT-OF-WAY LINE OF STATE FARM MARKET ROAD NO. 1876 (ELDRIDGE ROAD); THENCE NORTH 11 DEGREES 58 MINUTES 00 SECONDS WEST, ALONG THE EAST LINE OF SAID 43.9697 ACRE TRACT, A DISTANCE OF 35.28 FEET TO A 5/8 INCH IRON ROD SET FOR THE SOUTHEAST CORNER AND POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT OF LAND, THENCE ALONG THE NORTH LINE OF SAID 43.9697 ACRE TRACT, BEING THE NORTH LINE OF A BULKHEAD, THE FOLLOWING COURSES AND DISTANCES, SOUTH 72 DEGREES 29 MINUTES 31 SECONDS WEST, 30.57 FEET TO A POINT FOR CORNER; SOUTH 77 DEGREES 24 MINUTES 40 SECONDS WEST, 307.49 FEET TO A POINT FOR CORNER; NORTH 83 DEGREES 14 MINUTES 39 SECONDS WEST, 19.59 FEET TO A POINT FOR CORNER; SOUTH 66 DEGREES 05 MINUTES 41 SECONDS WEST, 84.36 FEET TO A POINT FOR CORNER; NORTH 62 DEGREES 52 MINUTES 52 SECONDS WEST, 508.91 FEET TO A POINT FOR CORNER; NORTH 67 DEGREES 08 MINUTES 05 SECONDS WEST, 99.65 FEET TO A POINT FOR CORNER; NORTH 69 DEGREES 22 MINUTES 47 SECONDS WEST, 172.35 FEET TO A POINT FOR CORNER; NORTH 73 DEGREES 12 MINUTES 57 SECONDS WEST, 110.07 FEET TO A POINT FOR CORNER; NORTH 84 DEGREES 12 MINUTES 10 SECONDS WEST, 90.82 FEET TO A POINT FOR CORNER; NORTH 89 DEGREES 13 MINUTES 95 SECONDS WEST, 89.14 FEET TO A POINT FOR CORNER; NORTH 89 DEGREES 23 MINUTES 55 SECONDS WEST, 217.44 FEET TO A POINT FOR CORNER; SOUTH 89 DEGREES 46 MINUTES 43 SECONDS WEST, 119.78 FEET TO A POINT FOR CORNER; SOUTH 86 DEGREES 30 MINUTES 42 SECONDS WEST, 200.79 FEET TO A POINT FOR CORNER; SOUTH 82 DEGREES 13 MINUTES 39 SECONDS WEST, 145.95 FEET TO A POINT FOR CORNER; SOUTH 78 DEGREES 33 MINUTES 17 SECONDS WEST, 229.56 FEET TO A POINT FOR CORNER; SOUTH 77 DEGREES 27 MINUTES 26 SECONDS WEST, 201.82 FEET TO A POINT FOR CORNER; SOUTH 73 DEGREES 22 MINUTES 50 SECONDS WEST, 122.37 FEET TO A POINT FOR CORNER; SOUTH 78 DEGREES 35 MINUTES 07 SECONDS WEST, 146.61 FEET TO A POINT FOR CORNER; SOUTH 61 DEGREES 02 MINUTES 04 SECONDS WEST, 141.24 FEET TO A POINT FOR CORNER; SOUTH 82 DEGREES 17 MINUTES 52 SECONDS WEST, 88.66 FEET TO A POINT FOR CORNER; SOUTH 66 DEGREES 59 MINUTES 57 SECONDS WEST, 88.20 FEET TO A POINT FOR CORNER; SOUTH 53 DEGREES 41 MINUTES 36 SECONDS WEST, 133.71 FEET TO A POINT FOR CORNER; SOUTH 44 DEGREES 37 MINUTES 26 SECONDS WEST, 89.81 FEET TO A POINT FOR CORNER; SOUTH 42 DEGREES 44 MINUTES 56 SECONDS WEST, 295.55 FEET TO A POINT FOR CORNER; SOUTH 58 DEGREES 28 MINUTES 11 SECONDS WEST, 61.97 FEET TO A M INCH IRON PIPE FOUND FOR CORNER ON THE EAST RIGHT-OF-WAY LINE OF SCHOOL BOULEVARD (60.0 FEET WIDE) BEING THE NORTHWEST CORNER OF SAID 43.9697 ACRE TRACT AND THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT OF LAND ; THENCE NORTH 11 DEGREES 58 MINUTES 00 SECONDS WEST, ALONG THE EAST RIGHT-OF-WAY LINE OF SAID SCHOOL BOULEVARD, A DISTANCE OF 154.00 FEET TO A 5/8 INCH IRON ROD FOUND FOR THE SOUTH CORNER OF A CALLED 5.573 ACRE SUGAR LAND INDEPENDENT SCHOOL DISTRICT TRACT RECORDED IN VOLUME 134, PAGE 561 OF THE FORT BEND COUNTY DEED RECORDS; THENCE NORTH 44 DEGREES 24 MINUTES 43 SECONDS EAST, ALONG THE SOUTHEAST LINE OF SAID 5.573 ACRE TRACT, A DISTANCE OF 746.75 FEET TO A 5/8 INCH IRON ROD FOUND FOR THE SOUTHWEST CORNER OF A CALLED 1.49 ACRE TRACT DESCRIBED IN VOLUME 282, PAGE 435 OF THE FORT BEND COUNTY DEED RECORDS FOR CORNER; THENCE NORTH 57 DEGREES 36 MINUTES 45 SECONDS EAST, ALONG THE SOUTHEAST LINE OF SAID 1.49 ACRE TRACT, A DISTANCE OF 283.56 FEET TO A 5/8 INCH IRON ROD FOUND FOR THE SOUTHEAST CORNER OF A CALLED 0.898 ACRE TRACT DESCRIBED IN VOLUME 325, PAGE 77 OF THE FORT BEND COUNTY DEED RECORDS FOR CORNER; THENCE NORTH 59 DEGREES 10 MINUTES 04 SECONDS EAST, ALONG THE SOUTHEAST LINE OF SAID 0.898 ACRE TRACT, A DISTANCE OF 264.41 FEET TO A 5/8 INCH IRON ROD SET FOR CORNER IN THE WEST LINE OF CLEVELAND LAKE SUBDIVISION SECTION THREE (3) AS RECORDED IN VOLUME 373, PAGE 57 OF THE FORT BEND COUNTY DEED RECORDS; SOUTH 11 DEGREES 56 MINUTES 31 SECONDS EAST; 37.04 FEET TO A POINT FOR THE SOUTHWEST CORNER OF LOT 1 OF SAID CLEVELAND TAKE SUBDIVISION, SECTION THREE (3); THENCE ALONG THE SOUTH LINE OF SAID CLEVELAND LAKE SUBDIVISION SECTION THREE (3) THE FOLLOWING COURSES AND DISTANCES; NORTH 75 DEGREES 20 MINUTES 49 SECONDS EAST, 92.00 FEET TO A POINT FOR THE SOUTHEAST CORNER OF LOT 1; NORTH 60 DEGREES 24 MINUTES 59 SECONDS EAST, 104.98 FEET TO A POINT FOR THE SOUTHEAST CORNER OF LOT 2; NORTH 74 DEGREES 56 MINUTES 19 SECONDS EAST, 140.20 FEET TO A POINT FOR THE SOUTHEAST CORNER OF LOT 3; NORTH 78 DEGREES 26 MINUTES 58 SECONDS EAST, 145.00 FEET TO A POINT FOR THE SOUTHEAST CORNER OF LOT 4; NORTH 80 DEGREES 24 MINUTES 49 SECONDS EAST, 145.12 FEET TO A POINT FOR THE SOUTHEAST CORNER OF LOT 5; NORTH 82 DEGREES 54 MINUTES 39 SECONDS EAST, 140.50 FEET TO A POINT FOR THE SOUTHEAST CORNER OF LOT 6; NORTH 84 DEGREES 11 MINUTES 57 SECONDS EAST, 120.69 FEET TO A POINT FOR THE SOUTHEAST CORNER OF LOT 7, SAME BEING THE SOUTHWEST CORNER OF LOT 1, CLEVELAND LAKE SUBDIVISION SECTION TWO (2) AS RECORDED IN VOLUME 306, PAGE 262 OF THE FORT BEND COUNTY DEED RECORDS; THENCE ALONG THE SOUTH LINE OF SAID CLEVELAND LAKE SUBDIVISION SECTION TWO (2), THE FOLLOWING COURSES AND DISTANCES; NORTH 82 DEGREES 38 MINUTES 29 SECONDS EAST, 100.32 FEET TO A POINT FOR THE SOUTHEAST CORNER OF LOT 1; NORTH 78 DEGREES 47 MINUTES 29 SECONDS EAST, 77.01 FEET TO A POINT FOR THE. SOUTHEAST CORNER OF LOT 2; SOUTH 86 DEGREES 06 MINUTES 08 SECONDS EAST, 76.92 FEET TO A POINT FOR THE SOUTHEAST CORNER OF LOT 3; SOUTH 80 DEGREES 05 MINUTES 36 SECONDS EAST, 115.55 FEET TO A POINT FOR THE SOUTHEAST CORNER OF LOT 4; SOUTH 79 DEGREES 24 MINUTES 25 SECONDS EAST, 116.11 FEET TO A POINT FOR THE SOUTHEAST CORNER OF LOT 5; THENCE NORTH 78 DEGREES 06 MINUTES 36 SECONDS EAST, 5.78 FEET TO A POINT FOR CORNER SAME BEING THE SOUTHWEST CORNER OF LOT 8, CLEVELAND LAKE SUBDIVISION SECTION ONE (1) AS RECORDED IN VOLUME 268, PAGE 151 OF THE FORT BEND COUNTY DEED RECORDS; THENCE ALONG THE SOUTH LINE OF SAID CLEVELAND LAKE SUBDIVISION SECTION ONE (1), THE FOLLOWING COURSES AND DISTANCES; SOUTH 77 DEGREES 52 MINUTES 48 SECONDS EAST, 100.70 FEET TO A POINT FOR THE SOUTHEAST CORNER OF LOT 8; SOUTH 77 DEGREES 16 MINUTES 31 SECONDS EAST, 99.40 FEET TO A POINT FOR THE SOUTHEAST CORNER OF LOT 7; SOUTH 67 DEGREES 25 MINUTES 31 SECONDS EAST, 105.00 FEET TO A POINT FOR THE SOUTHEAST CORNER OF LOT 6; SOUTH 61 DEGREES 13 MINUTES 39 SECONDS EAST, 108.89 FEET TO A POINT FOR THE SOUTHEAST CORNER OF LOT 5, AND CLEVELAND LAKE SUBDIVISION SECTION ONE (1), AND BEING IN THE WEST LINE OF A IMPERIAL SUGAR COMPANY DRAINAGE DITCH; THENCE NORTH 00 DEGREES 01 MINUTES 29 SECONDS EAST, ALONG THE EAST LINE OF LOTS 4 AND 5 OF SAID CLEVELAND LAKE SUBDIVISION, SECTION ONE (1), A DISTANCE OF 475.9 FEET TO A 5/8 INCH IRON ROD FOUND FOR THE NORTHEAST CORNER OF SAID LOT 4 AND BEING IN THE SOUTH RIGHT-OF-WAY LINE OF LAKEVIEW DRIVE; THENCE NORTH 78 DEGREES 19 MINUTES 59 SECONDS EAST, ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID LAKEVIEW DRIVE, A DISTANCE OF 70.59 FEET TO A 5/8 INCH IRON RPD FOUND FOR THE NORTHWEST CORNER OF LOT 9, BLOCK 1, REPLAT OF LAKE VILLAGE, RECORDED IN VOLUME 354, PAGE 126 OF THE FORT BEND COUNT DEED RECORDS; THENCE SOUTH 00 DEGREES 03 MINUTES 35 SECONDS EAST, ALONG THE WEST LINE OF SAID REPLAT OF LAKE VILLAGE A DISTANCE OF 533.65 FEET TO A POINT FOR THE MOST WESTERLY SOUTHWEST CORNER OF LOT 5; THENCE SOUTH 56 DEGREES 51 MINUTES 35 SECONDS EAST, CONTINUING ALONG THE WEST LINE OF SAID REPLAT OF LAKE VILLAGE, PASSING AT A DISTANCE OF 672.2 FEET THE SOUTHWEST CORNER OF THE REPLAT OF LAKE VILLAGE, AND CONTINUING FOR A TOTAL DISTANCE OF 865.00 FEET TO A 5/8 INCH IRON ROD SET IN THE WEST RIGHT-OF-WAY LINE OF SAID STATE FARM MARKET ROAD 1876 (ELDRIDGE ROAD) FOR THE MOST EASTERLY NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT OF LAND; THENCE SOUTHERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 352.24 FEET, A CENTRAL ANGLE OF 16 DEGREES 53 MINUTES 55 SECONDS, AN ARC LENGTH OF 103.89 FEET, A CHORD BEARING SOUTH 03 DEGREES 31 MINUTES 03 SECONDS EAST, A CHORD DISTANCE OF 103.51 FEET TO THE POINT OF BEGINNING AND CONTAINING 30.6237 ACRES OF LAND. 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. 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, 2005. ______________________________ ______________________________ President of the Senate Speaker of the House I certify that H.B. No. 3554 was passed by the House on May 20, 2005, by the following vote: Yeas 139, Nays 0, 2 present, not voting. ______________________________ Chief Clerk of the House I certify that H.B. No. 3554 was passed by the Senate on May 25, 2005, by the following vote: Yeas 31, Nays 0. ______________________________ Secretary of the Senate APPROVED: _____________________ Date _____________________ Governor