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S.B. No. 993
AN ACT
relating to the creation of the Harris County Improvement District
No. 5; providing authority to impose a tax and issue a bond or
similar obligation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 4, Special District Local Laws
Code, is amended by adding Chapter 3834 to read as follows:
CHAPTER 3834. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 5
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3834.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "District" means the Harris County Improvement
District No. 5.
Sec. 3834.002. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 5.
The Harris County Improvement District No. 5 is a special district
created under Section 59, Article XVI, Texas Constitution.
Sec. 3834.003. PURPOSE; DECLARATION OF INTENT. (a) The
creation of the district is essential to accomplish the purposes of
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution, and other public purposes stated in this
chapter. By creating the district and in authorizing the City of
Houston, Harris County, and other political subdivisions to
contract with the district, the legislature has established a
program to accomplish the public purposes set out in Section 52-a,
Article III, Texas Constitution.
(b) The creation of the district is necessary to promote,
develop, encourage, and maintain employment, commerce,
transportation, housing, tourism, recreation, the arts,
entertainment, economic development, safety, and the public
welfare in the district and adjacent areas.
(c) This chapter and the creation of the district may not be
interpreted to relieve Harris County or the City of Houston from
providing the level of services provided as of the effective date of
this Act, to the area in the district. The district is created to
supplement and not to supplant the county services provided in the
area in the district.
Sec. 3834.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
(a) The district is created to serve a public use and benefit.
(b) 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 Sections 52 and 52-a,
Article III, and Section 59, Article XVI, Texas Constitution, and
other powers granted under this chapter.
(c) The creation of the district is in the public interest
and is essential to:
(1) further the public purposes of developing and
diversifying the economy of the state;
(2) eliminate unemployment and underemployment; and
(3) develop or expand transportation and commerce.
(d) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, potential employees, employees, visitors,
and consumers in the district, and of the public;
(2) provide needed funding for the district to
preserve, maintain, and enhance the economic health and vitality of
the district territory as a residential neighborhood and a
commercially viable area; and
(3) promote the health, safety, welfare, and enjoyment
of the public by providing pedestrian ways and by landscaping and
developing certain areas in the district, which are necessary for
the restoration, preservation, and enhancement of scenic beauty.
(e) Pedestrian ways along or across a street, whether at
grade or above or below the surface, and street lighting, street
landscaping, and street art objects are parts of and necessary
components of a street and are considered to be a street or road
improvement.
(f) The district will not act as the agent or
instrumentality of any private interest even though the district
will benefit many private interests as well as the public.
Sec. 3834.005. DISTRICT TERRITORY. The district is
composed of the territory described by Section 2 of the Act enacting
this chapter, as that territory may have been modified under:
(1) Subchapter J, Chapter 49, Water Code; or
(2) other law.
Sec. 3834.006. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW. Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
Sec. 3834.007. LIBERAL CONSTRUCTION OF CHAPTER. This
chapter shall be liberally construed in conformity with the
findings and purposes stated in this chapter.
[Sections 3834.008-3834.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3834.051. BOARD OF DIRECTORS; TERMS. (a) The
district is governed by a board of 11 voting directors who serve
staggered terms of four years, with five or six directors' terms
expiring June 1 of each odd-numbered year.
(b) The board by resolution may change the number of voting
directors on the board, but only if the board determines that the
change is in the best interest of the district. The board may not
consist of fewer than 5 or more than 15 directors.
Sec. 3834.052. QUALIFICATIONS. (a) Three voting
directors on the board must reside in a residential area adjacent to
the district and eight voting directors must represent commercial
property owners or tenants in the district.
(b) If the total number of voting directors of the board is
increased or reduced, the board must maintain the same percentage
of representation of residential and commercial areas on the board.
Sec. 3834.053. APPOINTMENT OF DIRECTORS. The mayor and
members of the governing body of the City of Houston shall appoint
directors from persons recommended by the board. A person is
appointed if a majority of the members of the governing body,
including the mayor, vote to appoint that person.
Sec. 3834.054. NONVOTING DIRECTORS. (a) The following
persons serve as nonvoting directors:
(1) the directors of the following departments of the
City of Houston or a person designated by that director:
(A) parks and recreation;
(B) planning and development; and
(C) public works; and
(2) the City of Houston's chief of police.
(b) If a department described by Subsection (a) is
consolidated, renamed, or changed, the board may appoint a director
of the consolidated, renamed, or changed department as a nonvoting
director. If a department described by Subsection (a) is
abolished, the board may appoint a representative of another
department that performs duties comparable to those performed by
the abolished department.
Sec. 3834.055. QUORUM. (a) Section 375.071, Local
Government Code, does not apply to the district.
(b) A majority of the board is a quorum.
(c) Nonvoting directors and vacant director positions are
not counted for the purposes of establishing a board quorum.
Sec. 3834.056. CONFLICTS OF INTEREST; ONE-TIME AFFIDAVIT.
(a) Except as provided by this section:
(1) a director may participate in all board votes and
decisions; and
(2) Chapter 171, Local Government Code, governs
conflicts of interest for directors.
(b) Section 171.004, Local Government Code, does not apply
to the district. A director who has a substantial interest in a
business or charitable entity that will receive a pecuniary benefit
from a board action shall file a one-time affidavit declaring the
interest. An additional affidavit is not required if the
director's interest changes. After the affidavit is filed with the
board secretary, the director may participate in a discussion or
vote on that action if:
(1) a majority of the directors have a similar
interest in the same entity; or
(2) all other similar business or charitable entities
in the district will receive a similar pecuniary benefit.
(c) A director who is also an officer or employee of a public
entity may not participate in the discussion of or vote on a matter
regarding a contract with that public entity.
(d) For purposes of this section, a director has a
substantial interest in a charitable entity in the same manner that
a person would have a substantial interest in a business entity
under Section 171.002, Local Government Code.
Sec. 3834.057. INITIAL VOTING DIRECTORS. (a) The initial
board consists of the following voting directors: Pos. No. Name of Director
1 Laura Jaramillo
2 Sylvia Nguyen
3 C. Fred Meyer
4 Frank Rollow
5 Charles T. Spears
6 Etan Mirwis
7 Allen Goodlow
8 Elaine Gaskamp
9 Kevin Robbins
10 David Mincberg
11 Dr. Dawn Bradford
(b) Of the initial voting directors, the terms of directors
appointed for positions 1 through 6 expire June 1, 2009, and the
terms of directors appointed for positions 7 through 11 expire June
1, 2007.
(c) Section 3834.053 does not apply to this section.
(d) This section expires September 1, 2009.
[Sections 3834.058-3834.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3834.101. ADDITIONAL POWERS OF DISTRICT. The district
may exercise the powers given to:
(1) a corporation under Section 4B, Development
Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil
Statutes); and
(2) a housing finance corporation under Chapter 394,
Local Government Code, to provide housing or residential
development projects in the district.
Sec. 3834.102. NONPROFIT CORPORATION. (a) The board by
resolution may authorize the creation of a nonprofit corporation to
assist and act for the district in implementing a project or
providing a service authorized by this chapter.
(b) The nonprofit corporation:
(1) has each power of and is considered for purposes of
this chapter to be a local government corporation created under
Chapter 431, Transportation Code; and
(2) may implement any project and provide any service
authorized by this chapter.
(c) The board shall appoint the board of directors of the
nonprofit corporation. The board of directors of the nonprofit
corporation shall serve in the same manner as, for the same term as,
and on the same conditions as the board of directors of a local
government corporation created under Chapter 431, Transportation
Code.
Sec. 3834.103. AGREEMENTS; GRANTS. (a) The district may
make an agreement with or accept a gift, grant, or loan from any
person.
(b) The implementation of a project is a governmental
function or service for the purposes of Chapter 791, Government
Code.
Sec. 3834.104. AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT.
To protect the public interest, the district may contract with
Harris County or the City of Houston for the county or the city to
provide law enforcement services in the district for a fee.
Sec. 3834.105. APPROVAL BY CITY OF HOUSTON. (a) Except as
provided by Subsection (b), the district must obtain the approval
of the City of Houston's governing body for:
(1) the issuance of a bond for each improvement
project;
(2) the plans and specifications of the improvement
project financed by the bond; and
(3) the plans and specifications of any district
improvement project related to the use of land owned by the City of
Houston, an easement granted by the City of Houston, or a
right-of-way of a street, road, or highway.
(b) If the district obtains the approval of the City of
Houston's governing body of a capital improvements budget for a
period not to exceed five years, the district may finance the
capital improvements and issue bonds specified in the budget
without further approval from the City of Houston.
Sec. 3834.106. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
district may join and pay dues to an organization that:
(1) enjoys tax-exempt status under Section 501(c)(3),
(4), or (6), Internal Revenue Code of 1986; and
(2) performs a service or provides an activity
consistent with the furtherance of a district purpose.
Sec. 3834.107. REMOVAL OF DANGEROUS BUILDINGS. (a) The
district may cooperate with the City of Houston to have the City of
Houston demolish and remove dangerous buildings in or outside the
district as provided by this section.
(b) The district may cooperate with the City of Houston to
demolish and remove dangerous buildings outside the district if:
(1) the district makes a determination that demolition
and removal would benefit the district; and
(2) the City of Houston agrees.
(c) The district may borrow money to finance the demolition
and removal of dangerous buildings under this section without
complying with Section 3834.152.
(d) The City of Houston may reimburse the district for all
costs financed by the district from:
(1) the proceeds of foreclosure on any demolition lien
on the property; or
(2) any other money the city collects or appropriates
for the costs.
Sec. 3834.108. NOTICE. Notice required by Chapter 375,
Local Government Code, may be sent by first class U.S. Mail rather
than certified mail, return receipt requested, if the board of
directors determines that first class mail is preferable and
provides adequate notice. If the board determines that first class
mail is preferable, the board must publish notice in a newspaper of
general circulation in the district at least 20 days before the
event of which the district is giving notice.
Sec. 3834.109. NO EMINENT DOMAIN. The district may not
exercise the power of eminent domain.
[Sections 3834.110–3834.150 reserved for expansion]
SUBCHAPTER D. FINANCIAL PROVISIONS
Sec. 3834.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The
board by resolution shall establish the number of directors'
signatures and the procedure required for a disbursement or
transfer of the district's money.
Sec. 3834.152. PETITION REQUIRED FOR FINANCING SERVICES AND
IMPROVEMENTS. (a) The board may not finance a service or
improvement project with assessments under this chapter unless a
written petition requesting that service or improvement has been
filed with the board.
(b) A petition requesting a project financed by assessment
must be signed by:
(1) the owners of a majority of the assessed value of
real property in the district subject to assessment according to
the most recent certified tax appraisal roll for Harris County; or
(2) at least 50 owners of real property in the district
that will be subject to the assessment, if more than 50 persons own
real property subject to the assessment in the district according
to the most recent certified tax appraisal roll for Harris County.
Sec. 3834.153. MAINTENANCE TAX. (a) If authorized at an
election held in accordance with Section 3834.157, the district may
impose an annual ad valorem tax on taxable property in the district
to:
(1) administer the district;
(2) maintain and operate the district;
(3) construct or acquire improvements; or
(4) provide a service.
(b) The board shall determine the tax rate.
Sec. 3834.154. ASSESSMENTS; LIENS FOR ASSESSMENTS.
(a) The board by resolution may impose and collect an assessment
for any purpose authorized by this chapter.
(b) An assessment, a reassessment, or an assessment
resulting from an addition to or correction of the assessment roll
by the district, penalties and interest on an assessment or
reassessment, an expense of collection, and reasonable attorney's
fees incurred by the district:
(1) are a first and prior lien against the property
assessed;
(2) are superior to any other lien or claim other than
a lien or claim for county, school district, or municipal ad valorem
taxes; and
(3) are the personal liability of and a charge against
the owners of the property even if the owners are not named in the
assessment proceedings.
(c) The lien is effective from the date of the board's
resolution imposing the assessment until the date the assessment is
paid. The board may enforce the lien in the same manner that the
board may enforce an ad valorem tax lien against real property.
(d) The board may make a correction to or deletion from the
assessment roll that does not increase the amount of assessment of
any parcel of land without providing notice and holding a hearing in
the manner required for additional assessments.
Sec. 3834.155. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND
ASSESSMENTS. The district may not impose an impact fee or
assessment on the property, including the equipment,
rights-of-way, facilities, or improvements, of:
(1) an electric utility or a power generation company
as defined by Section 31.002, Utilities Code;
(2) a gas utility as defined by Section 101.003 or
121.001, Utilities Code;
(3) a telecommunications provider as defined by
Section 51.002, Utilities Code; or
(4) a person who provides to the public cable
television or advanced telecommunications services.
Sec. 3834.156. BONDS AND OTHER OBLIGATIONS. (a) The
district may issue bonds or other obligations payable wholly or
partly from assessments, impact fees, revenue, grants, or other
money of the district, or any combination of those sources of money,
to pay for any authorized purpose of the district.
(b) In exercising the district's power to borrow, 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. 3834.157. TAX AND BOND ELECTIONS. (a) The district
shall hold an election in the manner provided by Subchapter L,
Chapter 375, Local Government Code, to obtain voter approval before
the district imposes a maintenance tax or issues bonds payable from
ad valorem taxes.
(b) The board may not include more than one purpose in a
single proposition at an election.
(c) Section 375.243, Local Government Code, does not apply
to the district.
Sec. 3834.158. MUNICIPALITY NOT REQUIRED TO PAY DISTRICT
OBLIGATIONS. Except as provided by Section 375.263, Local
Government Code, a municipality is not required to pay a bond, note,
or other obligation of the district.
Sec. 3834.159. COMPETITIVE BIDDING. Section 375.221, Local
Government Code, applies to the district only for a contract that
has a value greater than $25,000.
[Sections 3834.160-3834.200 reserved for expansion]
SUBCHAPTER E. DISSOLUTION
Sec. 3834.201. DISSOLUTION OF DISTRICT WITH OUTSTANDING
DEBT. (a) The board may dissolve the district regardless of
whether the district has debt. Section 375.264, Local Government
Code, does not apply to the district.
(b) If the district has debt when it is dissolved, the
district shall remain in existence solely for the purpose of
discharging its debts. The dissolution is effective when all debts
have been discharged.
SECTION 2. As of the effective date of this Act, the Harris
County Improvement District No. 5 includes all territory contained
in the following described area:
Beginning at point approximately 600 feet from the
intersection of the south right-of-way line of Murphy Road and the
south right-of-way line of Highway 59;
Thence in a northeasterly direction along the southeast
right-of-way line of Highway 59 approximately 10,900 feet to the
south right-of-way line of Bissonnet Street;
Thence in an easterly direction along the south right-of-way
line of Bissonnet Street a distance of approximately 3,500 feet to
the east right-of-way line of South Gessner Boulevard;
Thence in a southerly direction along the east right-of-way
line of South Gessner Boulevard a distance of approximately 1,100
feet to the north right-of-way line of Braeswood Bayou;
Thence in an easterly direction along the north right-of-way
line of Braeswood Bayou a distance of approximately 9,500 feet to
the east right-of-way line of Hillcroft Avenue;
Thence in a southerly direction along the east right-of-way
line of Hillcroft Avenue a distance of approximately 3,800 feet to
the south right-of-way line of Willowbend Drive;
Thence in a westerly direction along the south right-of-way
line of Willowbend Drive a distance of approximately 1,500 feet to
east line of Harris County Flood Control Ditch D-139-03;
Thence in a southerly direction along the east line of Harris
County Flood Control Ditch 139-03 continuing south along the east
line of Harris County Flood Control Ditch 140-05-02 continuing
further south along the east line of Harris County Flood Control
Ditch 140-05-01 a total distance of approximately 9,500 feet to the
north right-of-way line of Highway 90A;
Thence in an easterly direction along the north right-of-way
line of Highway 90A a distance of approximately 4,600 feet to the
east line of Harris County Flood Control Ditch C-156;
Thence crossing Highway 90A in a southerly direction along
the east line of Harris County Flood Control Ditch C-156 a distance
of approximately 3,900 feet to the south right-of-way line of West
Orem Drive;
Thence in a westerly direction along the south right-of-way
line of West Orem Drive a distance of approximately 3,200 feet to
the east right-of-way line of Blue Ridge Drive;
Thence in a southerly direction along the east right-of-way
line of Blue Ridge Drive a distance of approximately 4,300 feet to
the south right-of-way line of Sam Houston Tollway (Beltway 8);
Thence in a northwesterly direction along the south
right-of-way line of Sam Houston Tollway a distance of
approximately 13,800 feet to the east line of Reserve D, Block 1,
Sanders Ridge Replat;
Thence in a southwesterly direction along east line of
Reserve D, Block 1, Sanders Ridge Replat a distance of
approximately 1,900 feet to the north right-of-way line of Cravens
Street;
Thence in a northwesterly direction along the north
right-of-way line of Cravens Street a distance of approximately
1,100 feet to the south right-of-way line of Stafford Road;
Thence in a northeasterly direction along the south
right-of-way line of Stafford Road a distance of approximately
1,500 feet to a point;
Thence in a westerly direction a distance of approximately
1,000 feet to the west right-of-way line of New Stafford Road;
Thence in a northwesterly direction along the west
right-of-way line of New Stafford Road a distance of approximately
300 feet to the south right-of-way line of West Airport Boulevard;
Thence in a westerly direction along the south right-of-way
line of West Airport Boulevard a distance of approximately 2,800
feet to the east line of Harris County Flood Control Ditch D-118–05;
Thence in a northerly direction along the east line of Harris
County Flood Control Ditch D-118–05 a distance of approximately
2,200 feet to the south right-of-way line of Dorrance Street;
Thence in a westerly direction along the south right-of-way
line of Dorrance Street a distance of approximately 4,500 feet to
the south right-of-way line of Highway 59 and the Point of Beginning
SAVE AND EXCEPT all property or lots that have been plated and
recorded for use solely for single family residential purposes, are
designated by the Harris County Appraisal District as single-family
residential or are otherwise determined to be single-family
residential, and all property, both real and personal, in the
following described area:
TRACT I:
A parcel of land containing 4.9328 acres (214,875 square feet) more
or less, being a remainder of that certain tract conveyed from
Albert S. Weycer, Trustee to Smith, Liu & Corbin, Inc., as recorded
in County Clerk's File No. K349561, Official Public Records of Real
Property, Harris County, Texas, and also being a remainder of that
certain tract conveyed from Greater Southwest Office Park, Ltd. to
Smith, Liu & Corbin, Inc., as recorded in County Clerk's File No.
K347824, Official Public Records of Real Property, Harris County,
Texas, said 4.9328 acre tract being situated in the H.T & B.R.R. Co.
Survey, Abstract No. 397, in Harris County, Texas and being more
particularly described by metes and bounds as follows:
BEGINNING at a found 5/8 inch iron rod in the southeast line of U.S.
Highway 59 (right-of-way varies), for the most east corner of that
certain 0.091 acre tract described in a judgement, the State of
Texas v. Jay marks, Trustee, et al, as recorded in County Clerk's
File No. M917764, Official Public Records of Real Property, Harris
County, Texas, same being the mot south corner of that certain 0.122
acre tract described in a Judgement, the State of Texas v. Smith,
Liu & Corbin, Inc. as recorded in County Clerk's File No. M191871,
Official Public Records of Real Property, Harris County, Texas,
also being the most north corner of the remainder of that certain
tract conveyed from Greater Southwest Office Park, Ltd. to Jay
Mark, Trustee, as recorded in County Clerk's File No. K347823,
Official Public Records of Real Property, Harris County, Texas, and
also being the most west corner of the said remainder of the Smith,
Liu & Corbin, Inc., Tract, recorded in File No. K347824, from which
a found TxDot Monument bears, North 46 deg. 35 min. 00 sec. East,
1.11 feet;
THENCE North 43 deg. 59 min. 40 sec. East, with the said southeast
line of U.S. Highway 59, and the southeast line of the said 0.122
acre tract, and first with the northwest line of said remainder of
the Smith, Liu & Corbin, Inc., Tract, recorded in File No. K347824,
then with the northwest line of the said remainder of the Smith, Liu &
Corbin, Inc., Tract, recorded in File No. K349561, a distance of
319.19 feet to a found TxDot Monument;
THENCE North 44 deg. 55 min. 44 sec. East, continuing with the said
southeast line of U.S. Highway 59, and the said southeast line of
the 0.122 acre tract, same being the said northwest line of the
remainder of the Smith, Liu & Corbin, Inc. Tract, recorded in File
No. K349561, a distance of 11.74 feet to a found TxDot Monument, for
a point of curvature;
THENCE continuing with the said southeast line of U. S. Highway 59,
and the said southeast line of the 0.122 acre tract, same being the
said northwest line of the remainder of the Smith, Liu & Corbin,
Inc. Tract, recorded in File No. K349561, a distance of 172.67 feet
along the arc of a curve to the left, having a radius of 5702.38
feet, a central angle of 01 deg. 44 min. 06 sec., and a chord which
bears, North 44 deg. 03 min. 41 sec. East, a distance of 172.66 feet
to a set 5/8 inch iron rod, for the most west corner of that certain
tract conveyed from Smith, Liu & Corbin, Inc. to Paramount
Southwest, Inc., as recorded in County Clerk's File No. R800583,
Official Public Records of Real Property, Harris County, Texas,
same being the most west corner of that certain tract conveyed from
Paramount Southwest, Inc. to Foyt Motors, Inc., as recorded in
County Clerk's File No. R800584, Official Public Records of Real
Property, Harris County, Texas, and also being the most north
corner of the said remainder of the Smith, Liu & Corbin Tract,
recorded in File No. K349561;
THENCE South 47 deg. 09 min. 02 sec. East, with the southwest line
of the said Paramount Southwest, Inc., Tract, and the southwest
line of the said Foyt Motors, Inc. Tract, same being the northeast
line of the said remainder of the Smith, Liu & Corbin, Inc. Tract,
recorded in File No. K349561, a distance of 31.53 feet to a found
5/8 inch iron rod, for the most north corner of that certain tract
conveyed from Paramount Southwest, Inc. to Smith, Liu & Corbin,
Inc. as recorded in County Clerk's File No. R800582, Official
Public Records of Real Property, Harris County, Texas, same being
the south corner of the said Paramount Southwest, Inc., Tract, and
also being a corner of the said remainder of the Smith, Liu &
Corbin, Inc., Tract recorded in File No. K349561;
THENCE South 00 deg. 04 min. 44 sec. East, with the west line of the
said Smith, Liu & Corbin, Inc. Tract recorded in File No. R800582,
same being an east line of the said remainder of the Smith, Liu &
Corbin, Inc., Tract, recorded in File No. K349561, a distance of
279.10 feet to a found 5/8 inch iron rod, for the southwest corner
of the said Smith, Liu & Corbin, Inc., Tract, recorded in. File No.
R800582, same being a corner of the said remainder of the Smith, Liu &
Corbin, Inc., Tract, recorded in File No. K349561;
THENCE North 89 deg. 52 min. 49 sec. East, with the north line of the
said remainder of the Smith, Liu & Corbin, Inc., Tract, recorded in
File No. K349561, same being the south line of the said Smith, Liu &
Corbin, Inc., Tract, recorded in File No. R800582, at a distance of
299.82 feet pass a found "X" in concrete, for the southwest corner
of the said Foyt Motors, Inc., Tract, same being the southeast
corner of the said Smith, Liu & Corbin, Inc., Tract, recorded in
File No. R800582, then with the south line of the said Foyt Motors,
Inc., Tract, a total distance of 400.48 feet to a found 5/8 inch
iron rod in the west line of Paramount Fifty Nine, Section two, a
recorded in Volume 390, Page 104, Map Records of Harris County,
Texas, for the southeast corner of the said Foyt Motors, Inc.,
Tract, same being the northeast corner of the said remainder of the
Smith, Liu & Corbin, Inc., Tract, recorded in File No. K349561, from
which a found 5/8 inch iron rod bears, North 35 deg. 57 min. 22 sec.
East, 0.40 feet;
THENCE South 00 deg. 06 min. 16 sec. East, with the said west line of
Paramount Fifty Nine, Section Two, same being an east line of the
said remainder of the Smith, Liu & Corbin, Inc., Tract recorded in
File No. K349561, a distance of 241.29 feet to a found 5/8 inch iron
rod for the northeast corner of that certain tract conveyed from
Albert S. Weycer, Trustee to Jay Marks, Trustee, as recorded in
County Clerk's File No. K349560, Official Public Records of Real
Property, Harris County, Texas, same being the southeast corner of
the said remainder of the Smith, Liu & Corbin, Inc., Tract, recorded
in File No. K349561, from which a found 5/8 inch iron rod bears,
South 21 deg. 10 min. 37 sec. West, 0.81 feet;
THENCE North 89 deg. 58 min. 26 sec. West, with the north line of the
said Jay Marks, Trustee Tract, recorded in File No. K349560, same
being the south line of the said remainder of the Smith, Liu &
Corbin, Inc., Tract, recorded in File No. K349561, a distance of
445.00 feet, to a set 5/8 inch iron rod, for a corner;
THENCE North 76 deg. 24 min. 49 sec. West, first with the said south
line of the remainder of the Smith, Liu & Corbin, Inc., Tract,
recorded in File No. K349561, same being the said north line of the
Jay Marks, Trustee Tract, recorded in File No. K349560, then with
the southwest line of the said remainder of the Smith, Liu & Corbin,
Inc. Tract, recorded in File No. K347824, same being the northeast
line of the said remainder of the Jay Marks, Trustee Tract, recorded
in File No. K347823, a distance of 198.06 feet to a found "X" in
concrete, for a corner, from which a found "X" in concrete bears,
South 65 deg. 56 min. 55 sec. West, 0.39 feet;
THENCE North 46 deg. 00 min. 19 sec. West, continuing with the said
southwest line of the remainder of the Smith, Liu & Corbin, Inc.,
Tract, recorded in File No. K347824, and the said northeast line of
the remainder of the Jay Marks, Trustee Tract, recorded in File No.
K347823, a distance of 190.31 feet to the POINT OF BEGINNING and
containing 4.9328 acres (214,875 square feet) of land more or less,
and together with any and all rights to the non-exclusive easement
and right-of-way for storm sewer purposes set forth under Harris
County Clerk File No (s). K349562.
TRACT II:
A parcel of land containing 0.9605 acre (41,840 square feet) more or
less, being that same tract conveyed from Paramount Southwest, Inc.
to Smith, Liu & Corbin, Inc., as recorded in County Clerk's File No.
R800582, Official Public Records of Real Property, Harris County,
Texas, and being more particularly described by metes and bounds as
follows:
COMMENCING at a set 5/8 inch iron rod in the southeast line of U.S.
Highway 59 (right-of-way varies), same being in the east line of
that certain 0.122 acre tract described in a Judgment, the State of
Texas, v. Smith, Liu & Corbin, Inc., as recorded in County Clerk's
File No. M191871, Official Public Records of Real Property, Harris
County, Texas, for the most north corner of the remainder of that
certain tract conveyed from Albert S. Weycer, Trustee to Smith, Liu &
Corbin, Inc., as recorded under County Clerk's File No. K349561,
Official Public Records of real Property, Harris County, Texas,
same being the most wet corner of that certain tract conveyed from
Smith, Liu & Corbin, Inc. to Paramount Southwest, Inc., as recorded
under County Clerk's File No. R800583, Official Public Records of
Real Property, Harris County, Texas, and also being the most west
corner of that certain tract conveyed from Paramount Southwest,
Inc., to Foyt Motors, Inc., as recorded under County Clerk's File
No. R800584, Official Public Records of Real Property, Harris
County, Texas;
THENCE South 47 deg. 09 min. 02 sec. East, with the Northeast line
of the said remainder of the Smith, Liu & Corbin, Inc., Tract
recorded in file No. K349561, same being the Southwest line of the
said Paramount Southwest, Inc. tract and the southwest line of the
said Foyt Motors, Inc. tract, a distance of 31.53 feet to a found
5/8 inch iron rod for a corner of the said remainder of the Smith,
Liu & Corbin, Inc., Tract, recorded under Harris County Clerk's
File No. K349561, same being the South corner of the said Paramount
Southwest, Inc. tract, also being the most north corner of the said
Smith, Liu & Corbin, Inc., Tract, recorded in File No. R800582, and
also being the POINT OF BEGINNING;
THENCE South 47 deg. 09 min. 02 sec. East, with the said southwest
line of the Foyt Motors, Inc. Tract, same being the northeast line
of the said Smith, Liu & Corbin, Inc. Tract, recorded in File No.
R800582, a distance 409.48 feet, to a found "X" in concrete, in the
north line of the said remainder of the Smith, Liu & Corbin, Inc.
Tract, recorded in File No. K349561, for the southwest corner of the
said Foyt Motors, Inc. Tract, same being the southwest corner of the
said Smith, Liu & Corbin, Inc., Tract, recorded in File No.
R8005822;
THENCE South 89 deg. 52 min. 49 sec. West, with the said north line
of the remainder of the Smith, Liu & Corbin, Inc. Tract, recorded
under Harris County Clerk's File No. K349561, same being the south
line of the said Smith, Liu & Corbin, Inc. tract recorded under
Harris County Clerk's File No. R800582, a distance of 299.82 feet to
a found 5/8 inch iron rod, for a corner of the said remainder of the
Smith, Liu & Corbin, Inc. Tract, recorded in File No. K349596, same
being the southwest corner of the said Smith, Liu & Corbin, Inc.
Tract, recorded in File No. R800582;
THENCE North 00 deg. 04 min. 44 sec. West, with an east line of the
said remainder of the Smith, Liu & Corbin, Inc. Tract, recorded
under Harris County Clerk's File No. K349561, same being the West
line of the said Smith, Liu & Corbin, Inc. Tract, recorded in File
No. R800582, a distance of 279.10 feet to the POINT OF BEGINNING,
and containing 0.9605 of an acre (41,840 square feet) of land more
or less, together with any and all rights in and to the storm sewer
easement set forth under Harris County Clerk File No.(s) R800586.
2.1207 acres of land being pat of the H.T. & B.R.R. Company Survey,
Abstract No. 397, Harris County, Texas, and being out of that
certain tract of land conveyed to Frances M. Britton in deed
recorded in Volume 979, Page 40, Harris County Deed Records, said
2.1207 acres of land being more particularly described by metes and
bounds as follows:
COMMENCING at a 5/8 inch iron rod found for the most northerly
northwest corner of the said Britton tract, said corner being on the
southeasterly right-of-way line of U.S. Highway 59;
THENCE along said right-of-way line South 40 deg. 20 min. 05 sec.
West, a distance of 150.00 feet to a found 5/8 inch iron rod for
POINT OF BEGINNING of the herein described tract;
THENCE leaving said right-of-way line, South 49 deg. 39 min. 55 sec.
East, a distance of 392.61 feet to a 5/8 inch iron rod found for the
Northeast corner of the herein described tract of land;
THENCE South 02 deg. 31 min. 49 sec. East, a distance of 179.26 feet
to a point for corner at a concrete fence base at the southeast
corner of the herein described tract of land, same being the
Northeastern corner of Southwest Plaza, a subdivision recorded in
Volume 319, Page 117, Harris County, Texas;
THENCE South 87 deg. 21 min. 56 sec. West, a distance of 100.66 feet
along the northerly line of unrestricted Reserve B to a found 5/8
inch iron rod marking the most southwest corner of the herein
described tract;
THENCE North 49 deg. 39 min. 55 sec. West, a distance of 441.01 feet
to a found 5/8 inch iron rod along the southeasterly right-of-way
line of U.S. Highway 59;
THENCE on a curve to the left along said right-of-way having a
central angle of 00 deg. 20 min. 22 sec., a radius of 5702.38 feet,
and length of 33.79 feet to a found 5/8 inch iron rod;
THENCE North 40 deg. 20 min. 05 sec. East along the southeast
right-of-way of U.S. Highway 59, a distance of 166.21 feet to the
POINT OF BEGINNING and containing 2.1207 acres (92,376 sq. ft.) of
land.
A 9.9800 acre tract of land in the H.T. & B. R.R. Survey, Abstract
No. 397, Harris County Texas, being all of Paramount Fifty Nine
Section One, a subdivision recorded in Film Code 381083, Harris
County Map Records, said tract being more particularly described by
metes and bounds as follows:
BEGINNING at a fence post in the east line of said subdivision, and
the Southeast corner of a 0.3248 acre tract described in a deed
recorded in Volume 3567, Page 698 of the Harris County Deed Records
and being in the west line of a 40-foot wide drainage easement
described in instruments recorded in Volume 4000, Page 62 and
Volume 4014, Page 496, both of the Harris County Deed Records;
THENCE South 02 deg 39' 43" East, a distance of 1171.40 feet along
the east line of said subdivision and along the west line of said 40
foot wide drainage easement to a 5/8 inch iron rod found for corner;
THENCE South 87 deg 20' 17" West, a distance of 315.00 feet to a 5/8
inch iron rod found for corner;
THENCE North 02 deg 39' 43" West, a distance of 649.83 feet to a 5/8
inch iron rod found for an angle point;
THENCE North 48 deg 09' 23" West, a distance of 359.77 feet to 5/8
inch iron rod found in the southeasterly right-of-way line of U.S.
Highway No. 59 (Southwest Freeway);
THENCE North 41 deg 50' 37" East, a distance of 377.05 feet along
the southeasterly right-of-way line of U.S. Highway 59, same being
the southeasterly line of a 2.6034 acre tract recorded in Vol. 3567,
Page 554, of the Harris County Deed Records, to a cut "x" for the
southwest corner of said 0.3248 acre tract, and the most northerly
northwest corner of the herein described tract;
THENCE North 87 deg 14' 58" East, along the south line of said
0.3248 acre tract, a distance of 307.28 feet to the POINT OF
BEGINNING and containing 9.9800 acres (434,730 sq. ft.) of land.
A tract of land containing .4679 acre, being a portion of Lots 3 & 4,
Block 12, Country Club Villas, a subdivision in Harris County,
Texas, recorded in Volume 34, Page 9, Harris County Map Records, and
being in the H.T.& B Survey, A 398 and being more particularly
described by metes and bounds as follows:
BEGINNING at a 5/8 inch iron rod found on the North right-of-way
line of Whitechapel Lane (30 feet wide) as recorded in Volume 34,
Page 9, Harris County Map Records, said 5/8 inch iron rod being the
on the west right-of-way line of Plainfield Road, and further being
the southeast corner of Lot 4, Block 12, of said Country Club
Villas;
THENCE South 87 deg 24' 10" West, leaving the West right-of-way line
of Plainfield Road, a distance of 160.41 feet to a found 5/8 inch
iron rod marking the most Southwesterly corner of Lot 4, Block 12;
THENCE North 02 deg 48' 23" West, a distance of 54.54 feet to a found
5/8 inch iron rod located in the Southerly right-of-way line of U.S.
Hwy 59 (300 feet wide);
THENCE North 41 deg 39' 26" East, along the Southerly right-of-way
line of U.S. Hwy 59, a distance of 149.09 feet to a set 5/8 inch iron
rod marking the most Northerly Northwest corner of the herein
described tract;
THENCE North 87 deg 24' 10" East, leaving the Southerly
right-of-way line of U.S. Hwy 59, a distance of 57.00 feet to a set
5/8 inch iron rod, said point located on the most Westerly
right-of-way line of Plainfield Road;
THENCE South 02 deg 25' 48" East, along the west right-of-way line
of said Plainfield Road, a distance of 161.33 feet to the POINT OF
BEGINNING and containing .4679 acres (20,384 sq ft) of land.
DESCRIPTION OF A TRACT OF LAND CONTAINING
1.0352 ACRES (45,092 SQUARE FEET) SITUATED
IN THE JAMES ALSTON SURVEY, A-100, HARRIS
COUNTY, TEXAS
Being a tract of land containing 1.0352 acres (45,092 square
feet) situated in the James Alston Survey, A-100 in Harris County,
Texas, and also being out of a 3.000-acre tract as conveyed unto
Texas Commerce Bancshares, Inc. by deed recorded under County
Clerk's File No. H209495, Film Code No. 199-89-0892 of the Official
Public Records of Real Property of Harris County, Texas. Said
1.0352-acre tract being more particularly described by metes and
bounds as follows:
BEGINNING at a point located in the easterly right-of-way
line of U.S. Highway 59 for the northwest corner of said 3.000-acre
tract and the southwest corner of said 143,000-square foot tract as
conveyed unto the First National Bank of Stafford by deed recorded
under County Clerk's File No. F416621, Film Code No. 183-07-1830 of
the Official Public Records of Real Property of Harris County,
Texas, from which a metal disk in a concrete filled 3-inch by 3-inch
iron post bears East, a distance of 0.2 feet and a 1/2-inch iron rod
bears South, a distance of 0.2 feet and West, a distance of 0.1
feet;
THENCE South 69° 56' 00" East with the north line of said
3.000-acre tract and the south line of said 143,000-square foot
tract, a distance of 203.14 feet to a PK nail set in concrete for the
northeast corner of said tract herein described;
THENCE South 21° 27' 03" West, a distance of 189.51 feet to a
5/8-inch iron rod set for the southeast corner of said tract herein
described located in the south line of said 3.000-acre tract;
THENCE North 68° 32' 57" West with the south line of said
3.000-acre tract, a distance of 280.05 feet to a 5/8-inch iron rod
set for the southwest corner of said tract herein described located
in the easterly right-of-way line of said U.S. Highway 59;
THENCE North 44° 05' 00" East with the easterly right-of-way
line of said U.S. Highway 59, a distance of 200.00 feet to the POINT
OF BEGINNING and containing 1.0352 acres (45,092 square feet) of
land, more or less.
TRACT 1
BEING THAT CERTAIN TRACT OF LAND CONTAINING 2.1764 ACRES, IN THE
H.T. & B.R.R. COMPANY SURVEY, ABSTRACT NO. 397, HARRIS COUNTY,
TEXAS, OUT OF THAT SAME 39.855 ACRE TRACT OF LAND DESCRIBED IN A
DEED RECORDED IN VOLUME 7853, PAGE 52 OF HARRIS COUNTY DEED RECORDS,
SAID TRACT BEING IN RESERVE "B" OF BLOCK 2 AS SHOWN ON THE PLAT OF
SOUTHWEST PLAZA RECORDED IN VOLUME 319, PAGE 117 OF THE HARRIS
COUNTY MAP RECORDS, SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A 5/8" IRON ROD FOUND IN THE SOUTHEASTERLY
RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 59 (SOUTHWEST FREEWAY) AS
WIDENED FOR ITS INTERCHANGE WITH BELTWAY 8 AND DESCRIBED AS 12,827
SQUARE FEET IN A DEED FROM GREATER SOUTHWEST OFFICE PARK, LTD. TO
THE STATE OF TEXAS, DATED JULY 7, 1983 (SAID 12,827 SQUARE FOOT
TRACT BEING RESERVE "F" OF SAID BLOCK 2), AT THE SOUTHWEST CORNER OF
SAID RESERVE "B", AT THE NORTHWEST CORNER OF RESERVE "C" OF SAID
BLOCK 2, AND IN THE CENTERLINE OF A HOUSTON LIGHTING & POWER COMPANY
80-FOOT WIDE EASEMENT AS DESCRIBED IN INSTRUMENTS RECORDED IN
VOLUME 3455, PAGE 515, VOLUME 3455, PAGE 518 AND VOLUME 7847, PAGE
532, ALL OF THE HARRIS COUNTY DEED RECORDS:
THENCE, N 37° 48' 21" E, 110.93 FEET ALONG THE SOUTHEASTERLY
RIGHT-OF-WAY LINE OF THE SAID WIDENING OF U.S. HIGHWAY NO. 59 FOR
THE INTERCHANGE WITH BELTWAY 8, SAME BEING THE SOUTHEASTERLY LINE
OF SAID RESERVE "F" AND ALONG THE NORTHWESTERLY LINE OF SAID RESERVE
"B" TO A 5/8" IRON ROD WITH ALUMINUM CAP FOUND AT THE MOST NORTHERLY
CORNER OF SAID RESERVE "F";
THENCE, N 43° 59' 41" E, 326.50 FEET ALONG THE SOUTHEASTERLY
RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 59 (300 FEET OF R.O.W.) AND
ALONG THE NORTHWESTERLY LINE OF SAID RESERVE "B" TO A 5/8" IRON ROD
SET AT THE MOST NORTHERLY CORNER OF THE HEREIN DESCRIBED TRACT;
THENCE, S 46° 00' 19" E, 200.00 FEET TO A 5/8" IRON ROD SET FOR
CORNER;
THENCE, S 76° 24' 49" E, 50.92 FEET TO A 5/8" IRON ROD SET FOR CORNER
IN A WEST LINE OF THAT CERTAIN 21.4670 ACRE TRACT DESCRIBED IN A
DEED RECORDED IN VOLUME 4758, PAGE 584 OF THE HARRIS COUNTY DEED
RECORDS;
THENCE, S 00° 12' 53" E, 171.88 FEET ALONG A WEST LINE OF SAID
21.4670 ACRE TRACT AND ALONG THE EAST LINE OF SAID 39.855 ACRE TRACT
TO A 5/8" IRON ROD FOUND FOR THE SOUTHEAST CORNER OF THE HEREIN
DESCRIBED TRACT, AND BEING IN THE CENTERLINE OF THE SAID HOUSTON
LIGHTING & POWER COMPANY 80-FOOT WIDE EASEMENT;
THENCE, N 89° 58' 26" W, 488.80 FEET ALONG THE SOUTH LINE OF SAID
RESERVE "B", ALONG THE NORTH LINE OF SAID RESERVE "C" AND ALONG THE
CENTERLINE OF THE SAID HOUSTON LIGHTING & POWER COMPANY 80-FOOT
WIDE EASEMENT TO THE POINT OF BEGINNING AND CONTAINING 2.1764 ACRES
OF LAND, SAVE AND EXCEPT THAT CERTAIN TRACT CONTAINING 3,975 SQUARE
FEET OF LAND AWARDED TO THE STATE OF TEXAS UNDER CONDEMNATION AWARD,
A COPY OF WHICH IS RECORDED UNDER COUNTY CLERK'S FILE NO. M917764 OF
THE OFFICIAL RECORDS OF HARRIS COUNTY, TEXAS AND BEING DESCRIBED
THEREIN.
Tract 1 also being described as follows:
A PARCEL OF LAND CONTAINING 2.0854 ACRES (90,840 SQUARE FEET) MORE
OR LESS BEING OUT OF UNRESTRICTED RESERVE "B", BLOCK 2, SOUTHWEST
PLAZA, AS RECORDED IN VOLUME 319, PAGE 117, MAP RECORDS OF HARRIS
COUNTY AND ALSO BEING THE REMAINDER PORTION OF THAT CERTAIN 2.1764
ACRE TRACT, CONVEYED FROM GREATER SOUTHWEST OFFICE PARK, LTD. TO
JAY MARKS, TRUSTEE, AS RECORDED IN COUNTY CLERK'S FILE NO. K347823,
OFFICIAL PUBLIC RECORDS OF REAL PROPERTY, HARRIS COUNTY, TEXAS,
O.P.R.R.P.H.C.T., SAID 2.0854 ACRE TRACT BEING SITUATED IN THE H.T. &
B.R.R. CO. SURVEY, ABSTRACT NO. 397, IN HARRIS COUNTY, TEXAS, AND
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A FOUND 5/8 INCH IRON ROD IN THE SOUTHEAST LINE OF U.S.
HIGHWAY 59, SOUTHWEST FREEWAY, RIGHT-OF-WAY VARIES, FOR THE MOST
SOUTHERLY CORNER OF THAT CERTAIN 0.122 ACRE TRACT DESCRIBED IN A
JUDGMENT, THE STATE OF TEXAS V. SMITH, LIU & CORBIN, INC. ET AL, AS
RECORDED IN COUNTY CLERK'S FILE NO. M191871, O.P.R.R.P.H.C.T., SAME
BEING THE MOST EASTERLY CORNER OF THAT CERTAIN 0.091 ACRE TRACT
DESCRIBED IN A JUDGEMENT, THE STATE OF TEXAS V. JAY MARKS, TRUSTEE,
ET AL, AS RECORDED IN COUNTY CLERK'S FILE NO. M917764,
O.P.R.R.P.H.C.T., ALSO BEING THE MOST WESTERLY CORNER OF THAT
CERTAIN 4.9328 ACRE TRACT I, CONVEYED FROM SMITH LIU, & CORBIN, INC.
TO CAR GRI, L.P., AS RECORDED IN COUNTY CLERK'S FILE NO. T483127,
O.P.R.R.P.H.C.T., AND ALSO BEING THE MOST NORTHERLY CORNER OF THE
SAID REMAINDER OF THE 2.1764 ACRE TRACT, FROM WHICH A FOUND TX DOT
MONUMENT BEARS, N 46° 35' 00" E, 1.11 FEET;
THENCE, WITH THE SOUTH LINE OF THE SAID 4.9328 ACRE TRACT I, SAME
BEING THE NORTH LINE OF THE SAID REMAINDER OF THE 2.1764 ACRE TRACT,
THE FOLLOWING (2) TWO COURSES AND DISTANCES:
1. S 46° 00' 19" E, A DISTANCE OF 190.31 FEET TO A FOUND "X"
CUT IN CONCRETE, FROM WHICH ANOTHER FOUND "X" CUT IN
CONCRETE, BEARS, S 65° 56' 55" W, 0.39 FEET, AND
2. S 76° 24' 49" E, A DISTANCE OF 50.92 FEET TO A SET 5/8 INCH
IRON ROD WITH CAP STAMPED CIVIL-SURV, FOR THE NORTHWEST
CORNER OF THAT CERTAIN 1.9102 ACRE TRACT CONVEYED FROM
ALBERT S. WEYCER, TRUSTEE, TO JAY MARKS, TRUSTEE, AS
RECORDED IN COUNTY CLERK'S FILE NO. K349560,
O.P.R.R.P.H.C.T., SAME BEING THE NORTHEAST CORNER OF THE
SAID REMAINDER OF THE 2.1764 ACRE TRACT;
THENCE, S 00° 12' 53" E, WITH THE WEST LINE OF THE SAID 1.9102 ACRE
TRACT, SAME BEING THE EAST LINE OF THE SAID REMAINDER OF THE 2.1764
ACRE TRACT, A DISTANCE OF 171.88 FEET. TO A SET PK NAIL, IN THE
NORTH LINE OF UNRESTRICTED RESERVE "C", OF SAID BLOCK 2, SOUTHWEST
PLAZA, SAME BEING IN THE SOUTH LINE OF UNRESTRICTED RESERVE "B", FOR
THE NORTHWEST CORNER OF THAT CERTAIN 0.9442 ACRE TRACT, CONVEYED
FROM ALBERT S. WEYCER, TRUSTEE TO LESTER A. MARKS AND FRANCES M.
LOWE, AS RECORDED IN COUNTY CLERK'S FILE NO. N472331,
O.P.R.R.P.H.C.T., SAME BEING THE NORTHEAST CORNER OF THAT CERTAIN
0.8144 ACRE TRACT, CONVEYED FROM TEXAS COMMERCE BANK NATIONAL
ASSOCIATION TO LESTER A. MARKS AND FRANCES M. LOWE, AS RECORDED IN
COUNTY CLERK'S FILE NO. M080219, O.P.R.R.P.H.C.T., ALSO BEING THE
SOUTHWEST CORNER OF THE SAID 1.9102 ACRE TRACT, AND ALSO BEING THE
SOUTHEAST CORNER OF THE SAID REMAINDER OF THE 2.1764 ACRE TRACT;
THENCE, N 89° 58' 26" W, WITH THE SAID NORTH LINE OF UNRESTRICTED
RESERVE "C" AND WITH THE NORTH LINE OF THE SAID 0.8144 ACRE TRACT,
SAME BEING THE SAID SOUTH LINE OF UNRESTRICTED RESERVE "B", AND THE
SOUTH LINE OF THE SAID REMAINDER OF THE 2.1764 ACRE TRACT, A
DISTANCE OF 482.85 FEET, TO A POINT ON THE CONCRETE BASE OF A PIPE
FENCE POST, IN THE SAID SOUTHWEST LINE OF U.S. HIGHWAY 59, SOUTHWEST
FREEWAY, FOR THE MOST SOUTHERLY CORNER OF THE SAID 0.091 ACRE TRACT,
SAME BEING THE MOST EASTERLY CORNER OF THAT CERTAIN 0.008 ACRE
PARCEL 70, CONVEYED FROM TEXAS COMMERCE BANK NATIONAL ASSOCIATION
TO THE STATE OF TEXAS, AS RECORDED IN COUNTY CLERK'S FILE NO.
M083134, O.P.R.R.P.H.C.T., ALSO BEING THE NORTHWEST CORNER OF THE
SAID 0.8144 ACRE TRACT, AND ALSO BEING THE MOST WESTERLY CORNER OF
THE SAID REMAINDER OF THE 2.1764 ACRE TRACT, FROM WHICH A FOUND "X"
CUT IN CONCRETE BEARS N 35° 35' 41" E, 4.48 FEET, AND A FOUND TX DOT
MONUMENT BEARS, N 31° 30' 55" W, 3.37 FEET:
THENCE, WITH THE SAID SOUTHEAST LINE OF U.S. HIGHWAY 59, SOUTHWEST
FREEWAY, AND THE SOUTHEAST LINE OF THE SAID 0.091 ACRE TRACT, SAME
BEING THE NORTHWEST LINE OF THE SAID REMAINDER OF THE 2.1764 ACRE
TRACT, THE FOLLOWING (3) THREE COURSES AND DISTANCES:
1. N 39° 35' 41" E, A DISTANCE OF 10.68 FEET TO A SET "X" CUT
IN CONCRETE FOR A POINT OF CURVATURE, FROM WHICH A FOUND TX DOT
MONUMENT BEARS, N 22° 55' 16" W, 3.31 FEET,
2. A DISTANCE OF 145.34 FEET ALONG THE ARC OF A CURVE TO THE
RIGHT, HAVING A RADIUS OF 1902.86 FEET, A CENTRAL ANGLE OF 04° 22'
34" AND A CHORD WHICH BEARS, N 41° 46' 52" E, A DISTANCE OF 145.30
FEET TO A SET "X" CUT IN CONCRETE, FOR A POINT OF TANGENCY, FROM
WHICH A FOUND "X" CUT IN CONCRETE, BEARS, S 41° 20' 34" W, 6.02 FEET,
AND A FOUND TX DOT MONUMENT BEARS, N 38° 43' 27" W, 2.70 FEET, AND
3. N 43° 58' 09" E, A DISTANCE OF 276.81 FEET TO THE POINT OF
BEGINNING AND CONTAINING 2.0854 ACRES (90,840 SQUARE FEET) OF LAND
MORE OR LESS.
TRACT 2
BEING THAT CERTAIN TRACT OF LAND CONTAINING 1,9102 ACRES, IN THE
H.T. & B.R.R. COMPANY SURVEY, ABSTRACT NO. 397, HARRIS COUNTY,
TEXAS, BEING OUT OF THAT CERTAIN 21.4670 ACRE TRACT OF LAND
DESCRIBED IN A DEED RECORDED IN VOLUME 4758, PAGE 584 OF THE HARRIS
COUNTY DEED RECORDS, SAID TRACT BEING IN RESERVE "B" OF BLOCK 2 AS
SHOWN ON THE PLAT OF SOUTHWEST PLAZA RECORDED IN VOLUME 319, PAGE
117 OF THE HARRIS COUNTY MAP RECORDS, SAID TRACT BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING AT A 5/8" IRON ROD FOUND IN THE SOUTHEASTERLY
RIGHT-OF-WAY LINE OF U.S. HIGHWAY 59 (SOUTHWEST FREEWAY) AS WIDENED
FOR ITS INTERCHANGE WITH BELTWAY 8 AND DESCRIBED AS 12,827 SQUARE
FEET IN A DEED FROM GREATER SOUTHWEST OFFICE PARK, LTD. TO THE
STATE OF TEXAS, DATED JULY 7, 1983 (SAID 12,827 SQUARE FOOT TRACT
BEING RESERVE "F" OF SAID BLOCK 2), AT THE SOUTHWEST CORNER OF SAID
RESERVE "B", AT THE NORTHWEST CORNER OF RESERVE "C" OF SAID BLOCK 2,
AND IN THE CENTERLINE OF A HOUSTON LIGHTING & POWER COMPANY 80-FOOT
WIDE EASEMENT AS DESCRIBED IN INSTRUMENTS RECORDED IN VOLUME 3455,
PAGE 515, VOLUME 3455, PAGE 518 AND VOLUME 7847, PAGE 532, ALL OF
THE HARRIS COUNTY DEED RECORDS;
THENCE, S 89° 58' 26" E, 488.80 FEET ALONG THE SOUTH LINE OF SAID
RESERVE "B", ALONG THE NORTH LINE OF SAID RESERVE "C" AND ALONG THE
CENTERLINE OF SAID HOUSTON LIGHTING & POWER COMPANY 80-FOOT
EASEMENT TO A 5/8" IRON ROD FOUND FOR THE MOST SOUTHERLY SOUTHWEST
CORNER AND POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT;
THENCE,N 00° 12' 53" W, 171.88 FEET ALONG THE EAST LINE OF THAT
CERTAIN 39.855 ACRE TRACT DESCRIBED IN A DEED RECORDED IN VOLUME
7853, PAGE 52 OF THE HARRIS COUNTY DEED RECORDS, AND ALONG THE WEST
LINE OF SAID 21.4670 ACRE TRACT TO A 5/8" IRON ROD SET AT THE
NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT;
THENCE, S 76° 24' 49" E, 147.14 FEET TO A 5/8" IRON ROD SET FOR
CORNER;
THENCE, S 89° 58' 26" E, 445.00 FEET TO A 5/8" IRON ROD SET IN THE
EAST LINE OF SAID RESERVE "B" FOR THE NORTHEAST CORNER OF THE HEREIN
DESCRIBED TRACT;
THENCE, S 00° 06' 16" E, 137.37 FEET ALONG AN EAST LINE OF SAID
RESERVE "B", AND OF SAID 21.4670 ACRE TRACT TO A 5/8" IRON ROD FOUND
IN THE CENTERLINE OF THE SAID HOUSTON LIGHTING & POWER COMPANY
80-FOOT WIDE EASEMENT FOR THE SOUTHEAST CORNER OF SAID RESERVE "B"
AND OF THE HEREIN DESCRIBED TRACT;
THENCE, N 89° 58' 26" W, 587.63 FEET ALONG THE CENTERLINE OF THE SAID
HOUSTON LIGHTING & POWER COMPANY 80-FOOT WIDE EASEMENT, ALONG THE
SOUTH LINE OF SAID RESERVE "B" AND ALONG THE NORTH LINE OF SAID
RESERVE "C" TO THE POINT OF BEGINNING AND CONTAINING 1.9102 ACRES OF
LAND.
Tract 2 also being described as follows:
A PARCEL OF LAND CONTAINING 1.9102 ACRES (83,208 SQUARE FEET) MORE
OR LESS BEING OUT OF UNRESTRICTED RESERVE "B", BLOCK 2, SOUTHWEST
PLAZA, AS RECORDED IN VOLUME 319, PAGE 117, MAP RECORDS OF HARRIS
COUNTY AND BEING THAT CERTAIN 1.9102 ACRE TRACT, CONVEYED FROM
ALBERT S. WEYCER, TRUSTEE TO JAY MARKS, TRUSTEE, AS RECORDED IN
COUNTY CLERK'S FILE NO. K349560, OFFICIAL PUBLIC RECORDS OF REAL
PROPERTY, HARRIS COUNTY, TEXAS, O.P.R.R.P.H.C.T., SAID 1.9102 ACRE
TRACT BEING SITUATED IN THE H.T. & B.R.R. CO. SURVEY, ABSTRACT NO.
397, IN HARRIS COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED
BY METES AND BOUNDS AS FOLLOWS:
COMMENCING AT A FOUND 5/8 INCH IRON ROD IN THE SOUTHEAST LINE OF
U.S. HIGHWAY 59, SOUTHWEST FREEWAY, RIGHT-OF-WAY VARIES, FOR THE
MOST SOUTHERLY CORNER OF THAT CERTAIN 0.122 ACRE TRACT DESCRIBED IN
A JUDGMENT, THE STATE OF TEXAS V. SMITH, LIU & CORBIN, INC. ET AL, AS
RECORDED IN COUNTY CLERK'S FILE NO. M191871, O.P.R.R.P.H.C.T., SAME
BEING THE MOST EASTERLY CORNER OF THAT CERTAIN 0.091 ACRE TRACT
DESCRIBED IN A JUDGEMENT, THE STATE OF TEXAS V. JAY MARKS, TRUSTEE,
ET AL, AS RECORDED IN COUNTY CLERK'S FILE NO. M917764,
O.P.R.R.P.H.C.T., ALSO BEING THE MOST WESTERLY CORNER OF THAT
CERTAIN 4.9328 ACRE TRACT I, CONVEYED FROM SMITH LIU, & CORBIN, INC.
TO CAR GR1, L.P., AS RECORDED IN COUNTY CLERK'S FILE NO. T483127,
O.P.R.R.P.H.C.T., AND ALSO BEING THE MOST NORTHERLY CORNER OF THE
REMAINDER PORTION OF THAT CERTAIN 2.1764 ACRE TRACT, CONVEYED FROM
GREATER SOUTHWEST OFFICE PARK, LTD. TO JAY MARKS, TRUSTEE, AS
RECORDED IN COUNTY CLERK'S FILE NO. K347823, O.P.R.R.P.H.C.T., FROM
WHICH A FOUND TX DOT MONUMENT BEARS, N 46°35'00", 1.11 FEET;
THENCE, WITH THE SOUTH LINE OF THE SAID 4.9328 ACRE TRACT I, SAME
BEING THE NORTH LINE OF THE SAID REMAINDER OF THE 2.1764 ACRE TRACT,
THE FOLLOWING (2) TWO COURSES AND DISTANCES:
3. S 46°00'19" E, A DISTANCE OF 190.31 FEET TO A FOUND "X" CUT
IN CONCRETE, FROM WHICH ANOTHER FOUND "X" CUT IN CONCRETE, BEARS, S
65°56'55" W, 0.39 FEET, AND
4. S 76°24'49" E, A DISTANCE OF 50.92 FEET TO A SET 5/8 INCH
IRON ROD WITH CAP STAMPED CIVIL-SURV, FOR THE NORTHWEST CORNER OF
THE SAID 1.9102 ACRE TRACT, SAME BEING THE NORTHEAST CORNER OF THE
SAID REMAINDER OF THE 2.1764 ACRE TRACT, AND THE POINT OF BEGINNING;
THENCE, WITH THE SAID SOUTH LINE OF THE 4.9328 ACRE TRACT I, SAME
BEING THE NORTH LINE OF THE SAID 1.9102 ACRE TRACT, THE FOLLOWING
(2) TWO COURSES AND DISTANCES:
1. S 76°24'49" E, A DISTANCE OF 147.14 FEET TO A FOUND 5/8
INCH IRON ROD, AND
2. S 89°58'26" E, A DISTANCE OF 445.00 FEET TO A FOUND 5/8
INCH IRON ROD, IN THE WEST LINE OF THE FINAL PLAT OF MOMENTUM
PORSCHE/AUDI, AS RECORDED IN FILM CODE NO. 527300, MAP RECORDS,
HARRIS COUNTY, TEXAS, SAME BEING IN THE EAST LINE OF SAID
UNRESTRICTED RESERVE "B", FOR THE SOUTHEAST CORNER OF THE SAID
4.9328 ACRE TRACT I, SAME BEING THE NORTHEAST CORNER OF THE SAID
1.9102 ACRE TRACT, FROM WHICH A FOUND 5/8 INCH IRON ROD BEARS, S
21°10'37" W, 0.87 FEET;
THENCE, S 00°06'16" E, WITH THE SAID WEST LINE OF MOMENTUM
PORSCHE/AUDI, SAME BEING THE EAST LINE OF THE SAID 1.9102 ACRE
TRACT, AND THE SAID EAST LINE OF UNRESTRICTED RESERVE "B", A
DISTANCE OF 137.37 FEET, TO A SET "V" CUT IN CONCRETE, FOR THE
NORTHEAST CORNER OF UNRESTRICTED RESERVE "C", OF SAID BLOCK 2,
SOUTHWEST PLAZA, AND THE NORTHEAST CORNER OF THAT CERTAIN 0.9442
ACRE TRACT, CONVEYED FROM ALBERT S. WEYCER, TRUSTEE TO LESTER A.
MARKS AND FRANCES M. LOWE, AS RECORDED IN COUNTY CLERK'S FILE NO.
N472331, O.P.R.R.P.H.C.T., SAME BEING THE SOUTHEAST CORNER OF SAID
UNRESTRICTED RESERVE "B", AND THE SOUTHEAST CORNER OF THE SAID
1.9102 ACRE TRACT;
THENCE, N 89°58'26" W, WITH THE NORTH LINE OF SAID UNRESTRICTED
RESERVE "C" AND THE NORTH LINE OF THE SAID 0.9442 ACRE TRACT, SAME
BEING THE SOUTH LINE OF SAID UNRESTRICTED RESERVE "B", AND THE SOUTH
LINE OF THE SAID 1.9102 ACRE TRACT, A DISTANCE OF 587.63 FEET, TO A
SET PK NAIL, FOR THE NORTHEAST CORNER OF THAT CERTAIN 0.8144 ACRE
TRACT, CONVEYED FROM TEXAS COMMERCE BANK NATIONAL ASSOCIATION TO
LESTER A. MARKS AND FRANCES M. LOWE, AS RECORDED IN COUNTY CLERK'S
FILE NO. M080219, O.P.R.R.P.H.C.T., SAME BEING THE SOUTHEAST CORNER
OF THE SAID REMAINDER OF THE 2.1764 ACRE TRACT, ALSO BEING THE
NORTHWEST CORNER OF THE SAID 0.9442 ACRE TRACT, AND ALSO BEING THE
SOUTHWEST CORNER OF THE SAID 1.9102 ACRE TRACT;
THENCE, N 00°12'53" W, WITH THE EAST LINE OF THE SAID REMAINDER OF
THE 2.1764 ACRE TRACT, SAME BEING THE WEST LINE OF THE SAID 1.9102
ACRE TRACT, A DISTANCE OF 171.88 FEET TO THE POINT OF BEGINNING AND
CONTAINING 1.9102 ACRES (83,208 SQUARE FEET) OF LAND MORE OR LESS.
TRACT 3
ALL THAT CERTAIN TRACT OR PARCEL OF LAND CONTAINING 0.8144 ACRE
(35,474.68 SQUARE FEET), SITUATED IN THE H.T. & B.R.R. COMPANY
SURVEY, ABSTRACT NO. 397, HARRIS COUNTY, TEXAS, BEING OUT OF AND A
PART OF THAT SAME 39.855 ACRE TRACT OF LAND DESCRIBED IN A DEED
RECORDED IN VOLUME 7853, PAGE 52 OF THE HARRIS COUNTY DEED RECORDS,
AND BEING A PART OF RESERVE "C" OF BLOCK TWO (2) AS SHOWN ON THE PLAT
OF SOUTHWEST PLAZA RECORDED IN VOLUME 319, PAGE 117 OF THE HARRIS
COUNTY MAP RECORDS, SAID 0.8144 ACRE (35,474.68 SQUARE FEET) OF
LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A 5/8" IRON ROD FOUND IN THE NORTH LINE OF THE SAID
RESERVE "C" AND THE SOUTH LINE OF RESERVE "B" OF THE SAID SOUTHWEST
PLAZA, AND BEING THE NORTHEAST CORNER OF A STRIP OF LAND CONTAINING
337 SQUARE FEET SHOWN ON A TEXAS HIGHWAY DEPARTMENT RIGHT-OF-WAY
SKETCH AS PARCEL NO. 70, ACCT. 8012-1-90, DATED FEBRUARY 1987, SAID
CORNER BEING LOCATED S 89° 58' 26" E, 5.95 FEET FROM A 5/8 INCH IRON
ROD FOUND IN THE EXISTING SOUTHEAST RIGHT-OF-WAY LINE OF U.S.
HIGHWAY NO. 59 (THE SOUTHWEST FREEWAY) FOR THE NORTHWEST CORNER OF
THE SAID RESERVE "C" AND THE SOUTHWEST CORNER OF THE SAID RESERVE
"B";
THENCE, S 89° 58' 26" E, A DISTANCE OF 482.85 FEET ALONG THE NORTH
LINE OF THE SAID RESERVE "C" AND THE SOUTH LINE OF THE SAID RESERVE
"B", AND ALSO BEING THE CENTERLINE OF A HOUSTON LIGHTING & POWER
COMPANY 80 FOOT WIDE EASEMENT AS DESCRIBED IN INSTRUMENTS RECORDED
IN VOLUME 3455, PAGE 515, VOLUME 3455, PAGE 518 AND VOLUME 7847,
PAGE 532 OF THE HARRIS COUNTY DEED RECORDS, AND ALSO BEING THE SOUTH
LINE OF THAT CERTAIN 2.7778 ACRE TRACT DESCRIBED AS "SAVE AND
EXCEPT" IN DEED RECORDED UNDER HARRIS COUNTY CLERK'S FILE NO.
L-445414 OF THE OFFICIAL PUBLIC RECORDS OF REAL PROPERTY, HARRIS
COUNTY, TEXAS, TO A 5/8-INCH IRON ROD FOUND FOR THE SOUTHEAST CORNER
OF THE SAID 2.7778 ACRE TRACT, AND BEING THE NORTHEAST CORNER OF
THIS TRACT;
THENCE, S 0° 12' 53" E, A DISTANCE OF 69.33 FEET TO A 1/2-INCH IRON
ROD SET FOR THE SOUTHEAST CORNER OF THIS TRACT;
THENCE, N 89° 58' 26" W, A DISTANCE OF 540.53 FEET TO A 1/2-INCH IRON
ROD SET IN THE SOUTHEAST LINE OF THE SAID 337 SQUARE FOOT TRACT FOR
THE SOUTHWEST CORNER OF THIS TRACT;
THENCE, N 39° 38' 38" E, A DISTANCE OF 90.00 FEET ALONG THE SOUTHEAST
LINE OF THE SAID 337 SQUARE FOOT TRACT TO THE POINT OF BEGINNING AND
CONTAINING 0.8144 ACRE (35,474.68 SQUARE FEET) OF LAND.
Tract 3 also being described as follows:
A PARCEL OF LAND CONTAINING 0.8144 OF AN ACRE (35,475 SQUARE FEET)
MORE OR LESS BEING OUT OF UNRESTRICTED RESERVE "C", BLOCK 2,
SOUTHWEST PLAZA, AS RECORDED IN VOLUME 319, PAGE 117, MAP RECORDS OF
HARRIS COUNTY AND BEING THAT CERTAIN 0.8144 ACRE TRACT CONVEYED
FROM TEXAS COMMERCE BANK NATIONAL ASSOCIATION TO LESTER A. MARKS
AND FRANCES M. LOWE, AS RECORDED IN COUNTY CLERK'S FILE NO. M080219,
OFFICIAL PUBLIC RECORDS OF REAL PROPERTY, HARRIS COUNTY, TEXAS,
O.P.R.R.P.H.C.T. SAID 0.8144 ACRE TRACT BEING SITUATED IN THE H.T. &
B. R.R. CO. SURVEY, ABSTRACT NO. 397, IN HARRIS COUNTY, TEXAS, AND
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING AT A FOUND 5/8 INCH IRON ROD IN THE SOUTHEAST LINE OF
U.S. HIGHWAY 59, SOUTHWEST FREEWAY, RIGHT-OF-WAY VARIES, FOR THE
MOST SOUTHERLY CORNER OF THAT CERTAIN 0.122 ACRE TRACT DESCRIBED IN
A JUDGEMENT, THE STATE OF TEXAS V. SMITH, LIU & CORBIN, INC., ET AL,
AS RECORDED IN COUNTY CLERK'S FILE NO. M191871, O.P.R.R.P.H.C.T.,
SAME BEING THE MOST EASTERLY CORNER OF THAT CERTAIN 0.091 ACRE TRACT
DESCRIBED IN A JUDGEMENT, THE STATE OF TEXAS V. JAY MARKS, TRUSTEE,
ET AL, AS RECORDED IN COUNTY CLERK'S FILE NO. M917764,
O.P.R.R.P.H.C.T., ALSO BEING THE MOST WESTERLY CORNER OF THAT
CERTAIN 4.9328 ACRE TRACT I, CONVEYED FROM SMITH LIU, & CORBIN, INC.
TO CAR GR1, L.P., AS RECORDED IN COUNTY CLERK'S FILE NO. T483127,
O.P.R.R.P.H.C.T., AND ALSO BEING THE MOST NORTHERLY CORNER OF THE
REMAINDER PORTION OF THAT CERTAIN 2.1764 ACRE TRACT, CONVEYED FROM
GREATER SOUTHWEST OFFICE PARK, LTD. TO JAY MARKS, TRUSTEE, AS
RECORDED IN COUNTY CLERK'S FILE NO. K347823, O.P.R.R.P.H.C.T;
THENCE, WITH THE SOUTH LINE OF THE SAID 4.9328 ACRE TRACT I, SAME
BEING THE NORTH LINE OF THE SAID REMAINDER OF THE 2.1764 ACRE TRACT,
THE FOLLOWING (2) TWO COURSES AND DISTANCES:
1. S 46° 00' 19" E, A DISTANCE OF 190.31 FEET TO A FOUND "X"
CUT IN CONCRETE, FROM WHICH ANOTHER FOUND "X" CUT IN
CONCRETE, BEARS, S 65°56"55" W, 0.39 FEET, AND
2. S 76° 24' 49" E, A DISTANCE OF 50.92 FEET TO A SET 5/8 INCH
IRON ROD WITH CAP STAMPED CIVIL-SURV, FOR THE NORTHWEST
CORNER OF THE THAT CERTAIN 1.9102 ACRE TRACT CONVEYED
FROM ALBERT S. WEYCER, TRUSTEE, TO JAY MARKS, TRUSTEE, AS
RECORDED IN COUNTY CLERK'S FILE NO. K349560,
O.P.R.R.P.H.C.T., SAME BEING THE NORTHEAST CORNER OF THE
SAID REMAINDER OF THE 2.1764 ACRE TRACT;
THENCE, S 00° 12' 53" E, WITH THE WEST LINE OF THE SAID 1.9102 ACRE
TRACT, SAME BEING THE EAST LINE OF THE SAID REMAINDER OF THE 2.1764
ACRE TRACT, A DISTANCE OF 171.88 FEET, TO A SET PK NAIL, IN THE SOUTH
LINE OF UNRESTRICTED RESERVE "B", OF SAID BLOCK 2, SOUTHWEST PLAZA,
SAME BEING IN THE NORTH LINE OF SAID UNRESTRICTED RESERVE "C", FOR
THE NORTHWEST CORNER OF THAT CERTAIN 0.9442 ACRE TRACT, CONVEYED
FROM ALBERT S. WEYCER, TRUSTEE TO LESTER A. MARKS AND FRANCES M.
LOWE, AS RECORDED IN COUNTY CLERK'S FILE NO. N472331,
O.P.R.R.P.H.C.T., SAME BEING THE SOUTHWEST CORNER OF THE SAID
1.9102 ACRE TRACT, ALSO BEING THE SOUTHEAST CORNER OF THE SAID
REMAINDER OF THE 2.1764 ACRE TRACT, AND ALSO BEING THE NORTHEAST
CORNER OF THE SAID 0.8144 ACRE TRACT, AND THE POINT OF BEGINNING;
THENCE, S 00° 12' 53" E, WITH THE WEST LINE OF THE SAID 0.9442 ACRE
TRACT, SAME BEING THE EAST LINE OF THE SAID 0.8144 ACRE TRACT, A
DISTANCE OF 69.33 FEET TO A SET 5/8 INCH IRON ROD WITH CAP STAMPED
CIVIL-SURV, FOR THE NORTHEAST CORNER OF THAT CERTAIN 5.9065 ACRE
TRACT CONVEYED FROM COMMERCE BANK NATIONAL ASSOCIATION TO
FISHER-HAAS INFINITI, AS RECORDED IN COUNTY CLERK'S FILE NO.
M624681, O.P.R.R.P.H.C.T., SAME BEING THE SOUTHEAST CORNER OF THE
SAID 0.8144 ACRE TRACT, FROM WHICH A FOUND 5/8 INCH IRON ROD, FOR
THE NORTHWEST CORNER OF THE REMAINDER OF THAT CERTAIN 5.2866 ACRE
TRACT CONVEYED FROM ALBERT S. WEYCER, TRUSTEE, TO FARZANA SAMEMY,
AS RECORDED IN COUNTY CLERK'S FILE NO. T026325, O.P.R.R.P.H.C.T.,
SAME BEING THE SOUTHWEST CORNER OF THE SAID 0.9442 ACRE TRACT BEARS,
S 00° 12' 53" E, 0.67 FEET;
THENCE, N 89° 58' 26" W, WITH THE SOUTH LINE OF THE SAID 0.8144 ACRE
TRACT, SAME BEING THE NORTH LINE OF THE SAID 5.9065 ACRE TRACT, AT A
DISTANCE OF 302.85 FEET PASS A FOUND 5/8 INCH IRON ROD FOR THE
NORTHEAST CORNER OF THE FINAL PLAT OF SOUTHWEST PLAZA PARK, AS
RECORDED IN VOLUME 345, PAGE 118, MAP RECORDS, HARRIS COUNTY,
TEXAS, AND ALSO WITH THE NORTH LINE OF SAID SOUTHWEST PLAZA PARK, A
TOTAL DISTANCE OF 540.53 FEET TO A FOUND 1/2 INCH IRON ROD, IN THE
SAID SOUTHEAST LINE OF U.S. HIGHWAY 59, SOUTHWEST FREEWAY, AND THE
SOUTHEAST LINE OF THAT CERTAIN 0.008 ACRE PARCEL 70 CONVEYED FROM
TEXAS COMMERCE BANK NATIONAL ASSOCIATION TO THE STATE OF TEXAS, AS
RECORDED IN COUNTY CLERK'S FILE NO. M083134, O.P.R.R.P.H.C.T., FOR
THE NORTHWEST CORNER OF SAID SOUTHWEST PLAZA PARK, AND THE
NORTHWEST CORNER OF THE SAID 5.9065 ACRE TRACT, SAME BEING THE
SOUTHWEST CORNER OF THE SAID 0.8144 ACRE TRACT;
THENCE, N 39° 38' 38" E, WITH THE SAID SOUTHEAST LINE OF U.S. HIGHWAY
59, SOUTHWEST FREEWAY, AND THE SAID SOUTHEAST LINE OF THE 0.008 ACRE
PARCEL 70, SAME BEING THE NORTHWEST LINE OF THE SAID 0.8144 ACRE
TRACT, A DISTANCE OF 90.00 FEET TO A POINT ON THE CONCRETE BASE OF A
PIPE FENCE POST, IN THE SAID SOUTH LINE OF UNRESTRICTED RESERVE "B",
SAME BEING THE SAID NORTH LINE OF UNRESTRICTED RESERVE "C", FOR THE
MOST SOUTHERLY CORNER OF THE SAID 0.091 ACRE TRACT, SAME BEING THE
MOST EASTERLY CORNER OF THE SAID 0.008 ACRE PARCEL 70, AND BEING THE
MOST WESTERLY CORNER OF THE SAID REMAINDER PORTION OF THE 2.1764
ACRE TRACT, AND ALSO BEING THE NORTHWEST CORNER OF THE SAID 0.8144
ACRE TRACT, FROM WHICH A FOUND "X" CUT IN CONCRETE, BEARS, N 35° 35'
41" E, 4.48 FEET, AND A FOUND TX DOT MONUMENT, BEARS, N 31° 30' 55" W,
3.37 FEET;
THENCE, S 89° 58' 26" E, WITH THE SAID SOUTH LINE OF UNRESTRICTED
RESERVE "B", AND WITH THE SOUTH LINE OF THE SAID REMAINDER OF 2.1764
ACRE TRACT, SAME BEING THE SAID NORTH LINE OF UNRESTRICTED RESERVE
"C", AND THE NORTH LINE OF THE SAID 0.8144 ACRE TRACT, A DISTANCE OF
482.85 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.8144 OF AN
ACRE (35,475 SQUARE FEET) OF LAND MORE OR LESS.
TRACT 4
FIELD NOTE DESCRIPTION TO A TRACT OF LAND CONTAINING 0.9442 ACRES
(41,131 SQUARE FEET), MORE OR LESS, SITUATED IN THE W.E. SANDERS
SURVEY IN HARRIS COUNTY, TEXAS, AND BEING PART OF RESERVE "C" OF
SOUTHWEST PLAZA, AN ADDITION IN HARRIS COUNTY, TEXAS, ACCORDING TO
THE MAP OR PLAT THEREOF RECORDED IN VOLUME 319, PAGE 117, OF THE
HARRIS COUNTY MAP RECORDS, SAID 0.9442 ACRES BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A FOUND 5/8 INCH IRON ROD MARKING THE NORTHEAST CORNER
OF THE AFOREMENTIONED RESERVE "C";
THENCE, S 00 DEGREES 06 MINUTES 16 SECONDS E, ALONG THE EAST LINE OF
SAID RESERVE "C" AND THE EAST LINE OF SAID SOUTHWEST PLAZA ADDITION
A DISTANCE OF 70.00 FEET TO A SET 1/2 INCH IRON ROD FOR CORNER;
THENCE, N 89 DEGREES 58 MINUTES 26 SECONDS W, PARALLEL TO AND 70
FEET SOUTH OF THE NORTH LINE OF SAID RESERVE "C" A DISTANCE OF
587.51 FEET TO A FOUND 5/8 INCH IRON ROD FOR CORNER;
THENCE, N 00 DEGREES 12 MINUTES 55 SECONDS W, A DISTANCE OF 70.00
FEET TO A FOUND 5/8 INCH IRON ROD FOR CORNER;
THENCE, S 89 DEGREES 58 MINUTES 26 SECONDS E, ALONG THE NORTH LINE
OF SAID RESERVE "C" A DISTANCE OF 587.65 FEET TO THE POINT OF
BEGINNING AND CONTAINING 0.9442 ACRES OF LAND, MORE OR LESS.
Tract 4 also being described as follows:
A PARCEL OF LAND CONTAINING 0.9442 OF AN ACRE (41,129 SQUARE FEET)
MORE OR LESS BEING OUT OF UNRESTRICTED RESERVE "C", BLOCK 2,
SOUTHWEST PLAZA, AS RECORDED IN VOLUME 319, PAGE 117, MAP RECORDS OF
HARRIS COUNTY AND BEING THAT CERTAIN 0.9442 ACRE TRACT CONVEYED
FROM ALBERT S. WEYCER, TRUSTEE, TO LESTER A. MARKS AND FRANCES M.
LOWE, AS RECORDED IN COUNTY CLERK'S FILE NO. N472331, OFFICIAL
PUBLIC RECORDS OF REAL PROPERTY, HARRIS COUNTY, TEXAS,
O.P.R.R.P.H.C.T., SAID 0.9442 ACRE TRACT BEING SITUATED IN THE H.T. &
B. R.R. CO. SURVEY, ABSTRACT NO. 397, IN HARRIS COUNTY, TEXAS, AND
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING AT A FOUND 5/8 INCH IRON ROD IN THE SOUTHEAST LINE OF
U.S. HIGHWAY 59, SOUTHWEST FREEWAY, RIGHT-OF-WAY VARIES, FOR THE
MOST SOUTHERLY CORNER OF THAT CERTAIN 0.122 ACRE TRACT DESCRIBED IN
A JUDGMENT, THE STATE OF TEXAS V. SMITH, LIU & CORBIN, INC. ET AL, AS
RECORDED IN COUNTY CLERK'S FILE NO. M191871, O.P.R.R.P.H.C.T., SAME
BEING THE MOST EASTERLY CORNER OF THAT CERTAIN 0.091 ACRE TRACT
DESCRIBED IN A JUDGMENT, THE STATE OF TEXAS V. JAY MARKS, TRUSTEE,
ET AL, AS RECORDED IN COUNTY CLERK'S FILE NO. M917764,
O.P.R.R.P.H.C.T., ALSO BEING THE MOST WESTERLY CORNER OF THAT
CERTAIN 4.9328 ACRE TRACT I, CONVEYED FROM SMITH LIU, & CORBIN, INC.
TO CAR GR1, L.P., AS RECORDED IN COUNTY CLERK'S FILE NO. T483127,
O.P.R.R.P.H.C.T., AND ALSO BEING THE MOST NORTHERLY CORNER OF THE
REMAINDER PORTION OF THAT CERTAIN 2.1764 ACRE TRACT, CONVEYED FROM
GREATER SOUTHWEST OFFICE PARK, LTD. TO JAY MARKS, TRUSTEE, AS
RECORDED IN COUNTY CLERK'S FILE NO. K347823, O.P.R.R.P.H.C.T;
THENCE, WITH THE SOUTH LINE OF THE SAID 4.9328 ACRE TRACT I, SAME
BEING THE NORTH LINE OF THE SAID REMAINDER OF THE 2.1764 ACRE TRACT,
THE FOLLOWING (2) TWO COURSES AND DISTANCES:
3. S 46° 00' 19" E, A DISTANCE OF 190.31 FEET TO A FOUND "X"
CUT IN CONCRETE, FROM WHICH ANOTHER FOUND "X" CUT IN
CONCRETE, BEARS, S 65° 56' 55" W, 0.39 FEET, AND
4. S 76° 24' 49" E, A DISTANCE OF 50.92 FEET TO A SET 5/8 INCH
IRON ROD WITH CAP STAMPED CIVIL-SURV, FOR THE NORTHWEST
CORNER OF THAT CERTAIN 1.9102 ACRE TRACT CONVEYED FROM
ALBERT S. WEYCER, TRUSTEE, TO JAY MARKS, TRUSTEE, AS
RECORDED IN COUNTY CLERK'S FILE NO. K349560,
O.P.R.R.P.H.C.T., SAME BEING THE NORTHEAST CORNER OF THE
SAID REMAINDER OF THE 2.1764 ACRE TRACT;
THENCE, S 00° 12' 53" E, WITH THE WEST LINE OF THE SAID 1.9102 ACRE
TRACT, SAME BEING THE EAST LINE OF THE SAID REMAINDER OF THE 2.1764
ACRE TRACT, A DISTANCE OF 171.88 FEET, TO A SET PK NAIL, IN THE SOUTH
LINE OF UNRESTRICTED RESERVE "B", OF SAID BLOCK 2, SOUTHWEST PLAZA,
SAME BEING IN THE NORTH LINE OF SAID UNRESTRICTED RESERVE "C", FOR
THE NORTHEAST CORNER OF THAT CERTAIN 0.8144 ACRE TRACT, CONVEYED
FROM TEXAS COMMERCE BANK NATIONAL ASSOCIATION TO LESTER A. MARKS
AND FRANCES M. LOWE, AS RECORDED IN COUNTY CLERK'S FILE NO. M080219,
O.P.R.R.P.H.C.T., SAME BEING THE SOUTHWEST CORNER OF THE SAID
1.9102 ACRE TRACT, ALSO BEING THE SOUTHEAST CORNER OF THE SAID
REMAINDER OF THE 2.1764 ACRE TRACT, AND ALSO BEING THE NORTHWEST
CORNER OF THE SAID 0.9442 ACRE TRACT, AND THE POINT OF BEGINNING;
THENCE, S 89° 58' 26" E, WITH THE SAID SOUTH LINE OF UNRESTRICTED
RESERVE "B", AND THE SOUTH LINE OF THE SAID 1.9102 ACRE TRACT, SAME
BEING THE SAID NORTH LINE OF UNRESTRICTED RESERVE "C", AND THE NORTH
LINE OF THE SAID 0.9442 ACRE TRACT, A DISTANCE OF 587.63 FEET TO A
SET "V" CUT IN CONCRETE, IN THE WEST LINE OF THE FINAL PLAT,
MOMENTUM PORSCHE/AUDI, AS RECORDED IN FILM CODE NO. 527300, MAP
RECORDS, HARRIS COUNTY, TEXAS, FOR THE SOUTHEAST CORNER OF SAID
UNRESTRICTED RESERVE "B", AND THE SOUTHEAST CORNER OF THE SAID
1.9102 ACRE TRACT, SAME BEING THE NORTHEAST CORNER OF SAID
UNRESTRICTED RESERVE "C", AND THE NORTHEAST CORNER OF THE SAID
0.9442 ACRE TRACT;
THENCE, S 00° 06' 16" E, WITH THE SAID WEST LINE OF MOMENTUM
PORSCHE/AUDI, SAME BEING THE EAST LINE OF THE SAID 0.9442 ACRE
TRACT, AND THE EAST LINE OF SAID UNRESTRICTED RESERVE "C", A
DISTANCE OF 70.00 FEET TO A SET 5/8 INCH IRON ROD WITH CAP STAMPED
CIVIL-SURV, FOR THE NORTHEAST CORNER OF THE REMAINDER OF THAT
CERTAIN 5.2866 ACRE TRACT, CONVEYED FROM ALBERT S. WEYCER, TRUSTEE,
TO FARZANA SAMEMY, AS RECORDED IN COUNTY CLERK'S FILE NO. T026325,
O.P.R.R.P.H.C.T., SAME BEING THE SOUTHEAST CORNER OF THE SAID
0.9442 ACRE TRACT, FROM WHICH A FOUND 5/8 INCH IRON ROD FOR THE
SOUTHWEST CORNER OF SAID MOMENTUM PORSCHE/AUDI BEARS, S 00° 06' 16"
E, 219.70 FEET;
THENCE, N 89° 58' 26" W, WITH THE NORTH LINE OF THE SAID REMAINDER OF
THE 5.2866 ACRE TRACT, SAME BEING THE SOUTH LINE OF THE SAID 0.9442
ACRE TRACT, A DISTANCE OF 587.49 FEET TO A FOUND 5/8 INCH IRON ROD,
IN THE EAST LINE OF THAT CERTAIN 5.9065 ACRE TRACT, CONVEYED FROM
TEXAS COMMERCE BANK NATIONAL ASSOCIATION TO FISHER-HAAS INFINITI,
AS RECORDED IN COUNTY CLERK'S FILE NO. M624681, O.P.R.R.P.H.C.T.,
FOR THE NORTHWEST CORNER OF THE SAID REMAINDER OF THE 5.2866 ACRE
TRACT, SAME BEING THE SOUTHWEST CORNER OF THE SAID 0.9442 ACRE
TRACT, FROM WHICH A FOUND 5/8 INCH IRON ROD, FOR THE SOUTHEAST
CORNER OF THE SAID 5.9065 ACRE TRACT, SAME BEING THE SOUTHWEST
CORNER OF THE SAID REMAINDER OF THE 5.2866 ACRE TRACT BEARS, S 00°
12' 53" E, 409.13 FEET;
THENCE, N 00° 12' 53" W, WITH THE WEST LINE OF THE SAID 0.9442 ACRE
TRACT, SAME BEING THE SAID EAST LINE OF THE 5.9065 ACRE TRACT, AT A
DISTANCE OF 0.67 FEET, PASS A SET 5/8 INCH IRON ROD WITH CAP STAMPED
CIVIL-SURV, FOR THE SOUTHEAST CORNER OF THE SAID 0.8144 ACRE TRACT,
SAME BEING THE NORTHEAST CORNER OF THE SAID 5.9065 ACRE TRACT, AND
WITH THE EAST LINE OF THE SAID 0.8144 ACRE TRACT, A TOTAL DISTANCE
OF 70.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.9442 OF AN
ACRE (41,129 SQUARE FEET) OF LAND MORE OR LESS.
BEING a 7.5317 acre tract of land in the W. E. Sanders Survey,
Abstract No. 1137, Harris County, Texas, and being part of that same
11.6222 acre tract described in a deed recorded under the Harris
County Clerk's File No. F903899, said 7.5317 acre tract being more
particularly described by metes and bounds as follows:
BEGINNING at a 5/8" iron rod set in the southeasterly right-of-way
line of U. S. Highway No. 59 (Southwest Freeway) at the most
westerly corner of One Forum Plaza as shown on the plat recorded in
Volume 307, Page 36 of the Harris County Map Records;
THENCE S 46 Deg 00 Min 26 E, 528.35 feet along the southwesterly
line of said One Forum Plaza to a 5/8" iron rod set for the most
southerly corner of One Forum Plaza and being in the most westerly
line of Southwest Plaza as shown on the plat recorded in Volume 319,
Page 117 of the Harris County Map Records;
THENCE S 00 Deg 10 Min 10 Sec E, 31.31 feet along the most westerly
line of said Southwest Plaza to a 5/8" iron rod set for corner,
being the most westerly southwest corner of said Southwest Plaza
and being a corner of a sewage treatment plant site;
THENCE S 43 Deg 59 Min 00 Sec W, 450.76 feet along the northwesterly
line of said sewage treatment plant site and along the
southeasterly line of said 11.6222 acre tract to a 5/8" iron rod
found for the most southerly corner of said 11.6222 acre tract;
THENCE N 70 Deg 11 Min 03 Sec W, 603.15 feet along the northeasterly
line of the access road for the sewage treatment plant and along the
southwesterly line of said 11.6222 acre tract to a 5/8" iron rod set
for corner in the southeasterly right-of-way line of U. S. Highway
No. 59;
THENCE N 43 Deg 59 Min 34 Sec E, 720.24 feet along the southeasterly
right-of-way line of U. S. Highway No. 59, same being the
southeasterly line of a 1.2306 acre tract awarded to the State of
Texas as described in an instrument recorded under the Harris
County Clerk's File No. H169515 to the POINT OF BEGINNING and
containing 7.5317 acres.
FIELD NOTES FOR 128,955 SQUARE FEET OR 2.960 ACRES OF LAND, BEING
THE RESIDUE OF LOTS 2, 3, 4, AND 16 OF SHAMROCK ESTATES, AN
UNRECORDED SUBDIVISION, AS DESCRIBED IN DEEDS DATED JUNE 24, 1987
TO FIRST REPUBLICBANK-FANNIN RECORDED UNDER HARRIS COUNTY CLERK'S
FILE NOS. L194994 (RESIDUE OF LOT 16), L194995 (RESIDUE OF LOTS 2
AND 3), AND L194996 (RESIDUE OF LOT 4), OFFICIAL PUBLIC RECORD OF
REAL PROPERTY, LOCATED IN THE JAMES ALSTON SURVEY, ABSTRACT NO.
100, HARRIS COUNTY, TEXAS:
(All bearings referenced to Texas Coordinate System, South Central
Zone)
BEGINNING at a 1/2 inch iron rod set for the intersection of the
west line of said Lot 2 with the easterly line of U.S. Highway 59
(Southwest Freeway, variable width) as established by deed to the
State of Texas recorded under Clerk's File No. D837154; said point
being on the east line of a certain 20,673 square foot tract
described in deeds to the State of Texas recorded under Clerk's File
Nos. H214443 and H214444;
THENCE N 41 deg. 28 min. 50 sec. E, along the easterly line of U.S.
Highway 59, 436.92 feet to a 1/2 inch iron rod set in the common line
between Lots 15 and 16 for the most northerly corner of the herein
described tract;
THENCE S 08 deg. 14 min. 45 sec. E, along said common line, at 77.13
feet pass an "X" in concrete found in the north line of Emerald
Drive (a 40 foot wide private roadway easement per Volume 3397, Page
699, Harris County Deed Records, and Clerk's File No. F679918), at
87.32 pass a found 5/8 inch iron rod, in all 97.13 feet to a 1/2 inch
iron rod found in the centerline of Emerald Drive for the southeast
corner of Lot 16 and the re-entrant corner of the herein described
tract;
THENCE in an easterly direction with the centerline of Emerald
Drive along a curve to the left having a radius of 800.00 feet, a
central angle of 07 deg. 14 min. 51 sec., a chord bearing of N 77
deg. 33 min. 10 sec. E, and a chord length of 101.13 feet, an arc
distance of 101.19 feet to a 1/2 inch iron rod set in the common line
between Lots 4 and 5 for the northeast corner of said Lot 4 and the
herein described tract;
THENCE S 16 deg. 03 min. 47 sec. E, along said common line between
Lots 4 and 5, 292.20 feet to a 5/8 inch iron rod found in the north
line of Keegans Bayou, (Harris County Flood Control District Unit
D-118-00-00), as described in deed recorded under Clerk's File No.
F256087, for the southeast corner of the herein described tract;
THENCE along the north line of said Keegans Bayou as established by
deeds recorded under Clerk's File Nos. F256087 and B206039 the
following courses and distances:
S 59 deg. 16 min. 53 sec. W, 125.24 feet to a 1/2 inch iron rod
set for corner;
N 88 deg. 41 min. 30 sec. W, 204.96 feet to an "X" mark in
concrete set for corner;
S 72 deg. 26 min. 22 sec. W, 119.15 feet to an "X" mark in
concrete set for corner;
N 82 deg. 37 min. 27 sec. W, 80.37 feet to a 1/2 inch iron rod
set in the common line between Lot 2 and the aforementioned
20,673 square feet tract for the southwest corner of the
herein described tract;
THENCE N 11 deg. 30 min. 26 sec. E, along said common line, 115.03
feet to the POINT OF BEGINNING and containing 128,955 square feet or
2.960 acres of land.
DESCRIPTION OF A 5.9065 ACRE TRACT OF LAND
IN THE H.T.& B.R.R. SURVEY, A-397
HARRIS COUNTY, TEXAS
BEING a 5.9065 acre tract of land in the H.T.&B. R.R. survey,
Abstract No. 397, Harris County, Texas and being part of
unrestricted Reserve "C" as shown on the plat of Southwest Plaza
recorded in Volume 319, Page 117 of the Harris County Map Records,
said 5.9065 acre tract being more particularly described by metes
and bounds as follows:
BEGINNING at a 5/8" iron rod found at a westerly corner of said
Reserve "C", in the northeasterly right-of-way line of Southwest
Plaza Drive (100 feet of R.O.W.), in the southeasterly right-of-way
line of U.S. Highway No. 59 (Southwest Freeway) and at the most
southerly corner of Reserve "F" (restricted for use as U.S. Highway
No. 59 right-of-way) as shown on said plat of Southwest Plaza;
THENCE N 01 Deg 29 Min 08 Sec W, 35.66 feet along the southeasterly
right-of-way line of U.S. Highway No. 59 and along a common line of
said Reserves "F" and "C" to a 5/8" iron rod found for corner, a 5/8"
iron rod with aluminum cap bears S 37 Deg 48 Min 21 Sec E, 3.92 feet
and a brass disc in concrete bears S 32 Deg E, 0.70 feet;
THENCE N 37 Deg 48 Min 21 Sec E, 205.01 feet continuing along the
southeasterly right-of-way line of U.S. Highway No. 59 and along a
common line of said Reserves "F" and "C" to a 5/8" iron rod found for
an angle point;
THENCE N 39 Deg 38 Min 32 Sec E, 56.76 feet continuing along the
southeasterly right-of-way line of U.S. Highway No. 59 and leaving
the common line of said Reserves "F" and "C" to a 5/8" iron rod set
for corner, a 1/2" iron rod bears N 89 Deg 58 Min 26 Sec W, 0.38
feet;
THENCE S 89 Deg 58 Min 26 Sec E, 540.53 feet to a 5/8" iron rod set
for corner, a 1/2" iron rod bears N 89 Deg 58 Min 26 Sec W, 0.44
feet;
THENCE S 00 Deg 12 Min 53 Sec E, 409.80 feet to a 5/8" iron rod set
for corner in the northerly right-of-way line of Southwest Plaza
Drive;
THENCE in a westerly direction, 217.52 feet along the northerly
right-of-way line of Southwest Plaza Drive (65 feet of R.O.W.) and
following the arc of a curve to the right having a radius of 1318.00
feet, a central angle of 9 Deg 27 Min 21 Sec and a chord which bears
S 87 Deg 15 Min 20 Sec W, 217.27 feet to a 5/8" iron rod found for the
point of tangency of said curve;
THENCE N 88 Deg 01 Min 00 Sec W, 120.09 feet continuing along the
northerly right-of-way line of Southwest Plaza Drive (65 feet of
R.O.W.) to a 5/8" iron rod found for the point of curvature of a
curve to the right;
THENCE in a westerly direction, 236.55 feet continuing along the
northerly right-of-way line of Southwest Plaza Drive (65 feet of
R.O.W.) and following the arc of said curve to the right having a
radius of 567.50 feet, a central angle of 23 Deg 52 Min 58 Sec and a
chord which bears N 76 Deg 04 Min 31 Sec W, 234.84 feet to a 5/8"
iron rod found for a point of compound curvature;
THENCE in a northwesterly direction, 114.92 feet, continuing along
the northerly right-of-way line of Southwest Plaza Drive (width of
R.O.W. varies) and following the arc of a curve to the right having
a radius of 300.00 feet a central angle of 21 Deg 56 Min 54 Dec and a
chord which bears N 53 Deg 09 Min 35 Sec W, 114.22 feet to a 5/8"
iron rod found for the point of tangency of said curve;
THENCE N 42 Deg 11 Min 07 Sec W, 43.36 feet continuing along the
northerly right-of-way line of Southwest Plaza Drive (width of
R.O.W. varies) to a 5/8" iron rod found for the point of curvature
of a curve to the left;
THENCE in a northwesterly direction, 20.00 feet continuing along
the northerly right-of-way line of Southwest Plaza Drive (width of
R.O.W.) varies and following the arc of said curve to the left
having a radius of 300.00 feet, a central angle of 03 Deg 49 Min 11
Sec and a chord which bears N 44 Deg 05 Min 43 Sec W, 20.00 feet to a
5/8" iron rod found for the point of tangency of said curve;
THENCE N 46 Deg 00 Min 19 Sec W, 5.01 feet continuing along the
northerly right-of-way line of Southwest Plaza Drive (100 feet of
R.O.W.) to the POINT OF BEGINNING and containing 5.9065 acres of
land.
One Reserve - One Block A Replat of 4.3452 acre tract of land out of
Reserve "A" Southwest Plaza, Vol. 319, Pg. 117, of the Map Records
of Harris County, which is part of the H.T. & B.R.R. Survey,
Abstract No. 397, Harris County, Texas.
SECTION 3. The Harris County Improvement District No. 5 may
reimburse the cost of creating the district from assessments or
other revenues created by the district.
SECTION 4. (a) The Greater Southeast Management District
does not include the area of state representative District 146 as of
the effective date of the Act enacting this section.
(b) Disannexation of territory under this section does not
affect the Greater Southeast Management District's right to collect
any assessments, impact fees, or taxes imposed on property in the
disannexed territory before the disannexation.
(c) Disannexation of territory under this section does not
diminish or impair the rights of the holders of any outstanding and
unpaid bonds, warrants, or other obligations of the Greater
Southeast Management District. Property disannexed under this
section is not released from its pro rata share of any district
indebtedness at the time of the disannexation, and the district may
continue to tax the property until that debt is paid.
(d) The residents in the area of state representative
District 146 may join the area of the Harris County Improvement
District No. 5 by following the procedure for the creation of a new
municipal management district in Subchapter B, Chapter 375, Local
Government Code.
SECTION 5. The legislature finds that:
(1) proper and 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 by
the constitution and laws of this state, including the governor,
who has submitted the notice and Act to the Texas Commission on
Environmental Quality;
(2) the Texas Commission on Environmental Quality has
filed its recommendations relating to this Act with the governor,
lieutenant governor, and speaker of the house of representatives
within the required time;
(3) the general law relating to consent by political
subdivisions to the creation of districts with conservation,
reclamation, and road powers and the inclusion of land in those
districts has been complied with; and
(4) 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 have
been fulfilled and accomplished.
SECTION 6. 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 hereby certify that S.B. No. 993 passed the Senate on
April 14, 2005, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendments on May 27, 2005, by the
following vote: Yeas 29, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 993 passed the House, with
amendments, on May 25, 2005, by the following vote: Yeas 144,
Nays 0, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor