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AN ACT
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relating to the creation of the Montgomery County Municipal Utility |
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District No. 113; providing authority to impose a tax and issue |
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bonds; granting the power of eminent domain. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 8212 to read as follows: |
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CHAPTER 8212. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 113 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8212.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Director" means a board member. |
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(3) "District" means the Montgomery County Municipal |
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Utility District No. 113. |
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Sec. 8212.002. NATURE OF DISTRICT. (a) The district is a |
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municipal utility district created under and essential to |
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accomplish the purposes of Section 59, Article XVI, Texas |
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Constitution. |
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(b) The district, to the extent authorized by Section |
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8212.103 and Section 52, Article III, Texas Constitution, has road |
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powers. |
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Sec. 8212.003. CONFIRMATION ELECTION REQUIRED. The board |
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shall hold an election to confirm the creation of the district as |
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provided by Section 49.102, Water Code. |
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Sec. 8212.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. All |
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land and other property in the district will benefit from the |
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improvements and services to be provided by the district. |
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Sec. 8212.005. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act creating this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act creating this chapter form a closure. A mistake in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for a purpose for |
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which the district is created or to pay the principal of and |
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interest on the bond; |
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(3) right to impose an assessment or tax; or |
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(4) legality or operation. |
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[Sections 8212.006-8212.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8212.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five elected directors. |
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(b) Directors serve staggered four-year terms. |
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Sec. 8212.052. INITIAL DIRECTORS. (a) The initial board |
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consists of: |
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(1) Albert Joshua Barouh; |
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(2) Ashley Short Grigsby; |
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(3) Genevieve Strang; |
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(4) Jeffrey T. Nielsen; and |
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(5) David Garrett. |
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(b) Unless the initial board agrees otherwise, the initial |
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directors shall draw lots to determine which two shall serve until |
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the first regularly scheduled election of directors and which three |
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shall serve until the second regularly scheduled election of |
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directors. |
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(c) This section expires September 1, 2014. |
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[Sections 8212.053-8212.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8212.101. GENERAL POWERS AND DUTIES. The district has |
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the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 8212.102. MUNICIPAL UTILITY DISTRICT POWERS AND |
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DUTIES. The district has the powers and duties provided by the |
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general law of this state, including Chapters 49 and 54, Water Code, |
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applicable to municipal utility districts created under Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 8212.103. ROAD PROJECTS. (a) Under Section 52, |
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Article III, Texas Constitution, the district may finance, |
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construct, or acquire a road project as provided by this section. |
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(b) The district shall employ or contract with a licensed |
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engineer to certify whether a proposed road project meets the |
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criteria for a thoroughfare, arterial, or collector road of: |
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(1) a county in whose jurisdiction the proposed road |
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project is located; or |
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(2) a municipality in whose corporate limits or |
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extraterritorial jurisdiction the proposed road project is |
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located. |
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(c) The district may finance, construct, or acquire a road |
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that has been certified by the licensed engineer as a thoroughfare, |
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arterial, or collector road, or any improvements in aid of the |
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certified road. |
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(d) A road project must be located: |
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(1) in the district; or |
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(2) in another municipal utility district that serves |
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a master planned community the district also serves. |
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(e) A road project must meet all applicable standards, |
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regulations, ordinances, or orders of: |
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(1) each municipality in whose corporate limits or |
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extraterritorial jurisdiction the road project is located; and |
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(2) each county in which the road project is located if |
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the road project is not located in the corporate limits of a |
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municipality. |
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(f) The district may, with the consent of the municipality |
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or county, convey a completed road project to: |
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(1) a municipality in whose corporate limits or |
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extraterritorial jurisdiction the road project is located; or |
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(2) a county in which the road project is located. |
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Sec. 8212.104. COMPLIANCE WITH MUNICIPAL CONSENT |
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RESOLUTION. The district shall comply with all applicable |
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requirements of any resolution, adopted by the governing body of a |
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municipality under Section 54.016, Water Code, that consents to the |
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creation of the district or to the inclusion of land in the |
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district. |
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Sec. 8212.105. RECREATIONAL FACILITIES; LIMIT ON EMINENT |
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DOMAIN POWER. (a) In this section, "recreational facilities" and |
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"develop and maintain" have the meanings assigned by Section |
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49.462, Water Code. |
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(b) The district may develop and maintain recreational |
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facilities. |
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(c) The district may not, for the development or maintenance |
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of a recreational facility, acquire by condemnation land, an |
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easement, or other property inside or outside the district. |
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[Sections 8212.106-8212.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8212.151. ELECTIONS REGARDING TAXES OR BONDS. |
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(a) The district may issue, without an election, bonds and other |
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obligations secured by revenue or contract payments from a source |
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other than ad valorem taxation. |
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(b) The district must hold an election in the manner |
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provided by Chapters 49 and 54, Water Code, to obtain voter approval |
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before the district may impose an ad valorem tax or issue bonds |
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payable from ad valorem taxes. |
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(c) The district may not issue bonds payable from ad valorem |
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taxes to finance a road project unless the issuance is approved by a |
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vote of a two-thirds majority of district voters voting at an |
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election held for that purpose. |
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Sec. 8212.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8212.151, the district |
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may impose an operation and maintenance tax on taxable property in |
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the district as provided by Chapter 49.107, Water Code. |
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(b) The board shall determine the tax rate. The rate may not |
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exceed the rate approved at the election. |
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[Sections 8212.153-8212.200 reserved for expansion] |
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SUBCHAPTER E. BONDS |
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Sec. 8212.201. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. The district may issue bonds or other obligations |
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payable wholly or partly from ad valorem taxes, impact fees, |
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revenue, grants, or other district money, or any combination of |
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those sources, to pay for any authorized district purpose. |
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Sec. 8212.202. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of a bond, note, or other |
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obligation issued or incurred to finance a road project may not |
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exceed one-fourth of the assessed value of real property in the |
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district according to the most recent certified tax appraisal roll |
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for Montgomery County. |
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Sec. 8212.203. BONDS FOR RECREATIONAL FACILITIES. If |
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authorized at an election under Section 8212.151, the district may |
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issue bonds payable from ad valorem taxes to pay for the development |
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and maintenance of recreational facilities. |
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Sec. 8212.204. TAXES FOR BONDS AND OTHER OBLIGATIONS. At |
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the time bonds or other obligations payable wholly or partly from ad |
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valorem taxes are issued: |
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(1) the board shall impose a continuing direct annual |
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ad valorem tax, without limit as to rate or amount, for each year |
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that all or part of the bonds are outstanding; and |
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(2) the district annually shall impose an ad valorem |
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tax on all taxable property in the district in an amount sufficient |
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to: |
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(A) pay the interest on the bonds or other |
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obligations as the interest becomes due; |
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(B) create a sinking fund for the payment of the |
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principal of the bonds or other obligations when due or the |
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redemption price at any earlier required redemption date; and |
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(C) pay the expenses of imposing the taxes. |
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SECTION 2. The Montgomery County Municipal Utility District |
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No. 113 initially includes all the territory contained in the |
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following area: |
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Being 745.224 acres of land located in the Archibald Hodge Survey, |
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Abstract 18, the James Pevehouse Survey, Abstract 29, the John |
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Sealy Survey, Abstract 759, and the Thomas Curry Survey, Abstract |
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136, Montgomery County, Texas, more particularly being those tracts |
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of land conveyed to Woodforest Partners, L.P., by instrument of |
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record under File No. 2006-103723, Official Public Records of Real |
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Property at Montgomery County, Texas (M.C.O.P.R.R.P.) as follows: |
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all of that certain called 22.96 acre tract (described as Tract V, |
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therein), all of that certain called 62.76 acre tract (described as |
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Tract VIII, therein), all of that certain called 100.971 acres |
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(described as Tract XI, therein), a portion of that certain called |
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934.56 acre tract (described as Tract I, therein), a portion of that |
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certain called 50.19 acre tract (described as Tract II, therein), a |
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portion of that certain called 251.14 acre tract (described as |
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Tract IV, therein), a portion of that certain called 98.29 acres |
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tract (described as Tract VII, therein), a portion of that certain |
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tract (described as Tract IX, therein), a portion of that certain |
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called 56.7354 acre tract conveyed to Woodforest Golf Club, LLC by |
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instrument of record under File No. 2004-111100, M.C.O.P.R.R.P., a |
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portion of that certain called 10.00 acre tract conveyed from |
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Mid-South Electric Cooperative Association to Woodforest Partners, |
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L.P. by instrument by instrument dated November 29, 2006, a portion |
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of that certain called 379.05 acre tract conveyed to Woodforest |
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Partners, L.P., by instrument of record under File No. 2006-138302, |
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M.C.O.P.R.R.P., a portion of Street Dedication Plat of Fish Creek |
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Thoroughfare Phase I, a plat of record in Cabinet P, Sheets 64-65, |
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Map Records of Montgomery County, Texas (M.C.M.R.), a portion of |
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Street Dedication Plat of Fish Creek Thoroughfare Phase II, a plat |
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of record in Cabinet P, Sheets 62-63, M.C.M.R., and a portion of |
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Elk-Trace Golf Estates Section One, a subdivision of record in |
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Cabinet P, Sheets 66-67, M.C.M.R.; said 745.224 acres being more |
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particularly described by metes and bounds as follows; all bearings |
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referenced to aforementioned Fish Creek Thoroughfare Phase II; |
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BEGINNING at the northwest corner of the aforementioned 50.19 acre |
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tract, same being on the easterly right-of-way line of Fish Creek |
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Thoroughfare (150-feet wide) as shown on aforementioned Fish Creek |
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Thoroughfare Phase II; |
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Thence, with the north line of said 50.19 acres, North 88° 07' 35" |
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East, at 1189.82 feet pass the northeast corner of said 50.19 acres, |
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same being the northwest corner of the aforementioned 22.96 acres, |
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and continuing in all a distance of 2189.82 feet to a point for |
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corner, being the northeast corner of said 22.96 acres, also being |
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on the common line of aforementioned James Pevehouse Survey and the |
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Thomas Curry Survey; |
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Thence, with the east line of said 22.96 acres and said common |
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survey line, South 02° 35' 40" East, at 1000.00 feet pass the |
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southeast corner of said 22.96 acres, same being the most easterly |
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northeast corner of aforementioned 50.19 acres, and continuing with |
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the east line of said 50.19 acres, in all a distance of 1024.20 feet |
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to a point for corner, being the northwest corner of the |
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aforementioned 100.971 acres; |
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Thence, leaving said east line and common survey line, with the |
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north line of said 100.971 acres, North 86° 32' 41" East, passing at |
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2949.44 feet the northeast corner of said 100.971 acres, same being |
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an angle point on the west line of aforementioned 379.05 acres, and |
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continuing in all a distance of 3175.30 feet to a point for corner; |
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Thence, South 14° 31' 18" East, 228.60 feet to a point for corner; |
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Thence, South 01° 17' 53" East, 297.10 feet to a point for corner; |
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Thence, South 18° 10' 41" West, 183.20 feet to a point for corner; |
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Thence, South 01° 17' 07" East, 257.08 feet to a point for corner; |
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Thence, South 07° 14' 45" East, 165.32 feet to a point for corner; |
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Thence, South 09° 57' 27" East, 258.89 feet to a point for corner; |
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Thence, South 08° 39' 51" West, 166.94 feet to a point for corner; |
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Thence, South 21° 50' 16" West, 91.61 feet to a point for corner; |
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Thence, South 34° 14' 57" West, 117.42 feet to a point for corner; |
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Thence, South 24° 43' 23" West, 95.82 feet to a point for corner; |
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Thence, South 19° 46' 32" West, 139.26 feet to a point for corner; |
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Thence, South 21° 18' 58" West, 102.02 feet to a point for corner; |
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Thence, South 18° 19' 00" West, 114.86 feet to a point for corner; |
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Thence, South 34° 58' 28" West, 137.99 feet to a point for corner; |
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Thence, South 34° 27' 24" West, 127.42 feet to a point for corner; |
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Thence, South 12° 10' 58" West, 95.17 feet to a point for corner; |
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Thence, South 07° 42' 25" West, 120.11 feet to a point for corner; |
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Thence, South 06° 18' 47" West, 165.03 feet to a point for corner; |
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Thence, South 04° 39' 06" East, 74.53 feet to a point for corner, |
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being on the common line of aforementioned 934.56 and 56.7354 |
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acres; |
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Thence, with said common line, South 85° 18' 31" East, 659.06 feet to |
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a point for corner, being a common angle point of said 934.56 acres |
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and that certain called 218.2370 acre tract conveyed to Elk Trace |
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Golf Club by instrument of record under File No. 2000-030725, |
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M.C.O.P.R.R.P.; |
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Thence, leaving said common line, with the common line of said |
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218.2370 and 56.7354 acres, South 56° 12' 39" West, 355.28 feet to a |
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point for corner; |
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Thence, leaving said common line, South 57° 35' 11" West, 656.56 |
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feet to a point for corner; |
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Thence, South 08° 21' 41" East, 168.07 feet to a point for corner, |
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being on aforementioned common line of 218.2370 and 56.7354 acres; |
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Thence, with said common line, South 06° 56' 37" West, 229.57 feet to |
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a point for corner, being the most easterly northeast corner of |
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Block 2 as shown on aforementioned Elk-Trace Golf Estates Section |
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One; |
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Thence, with the common line of said 218.2370 acres and Block 2, |
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South 17° 56' 41" West, 650.36 feet to a point for corner; |
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Thence, leaving said common line, with a southeasterly line of said |
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Block 2, South 47° 20' 56" West, 61.70 feet to a point for corner on |
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the aforementioned common line of 218.2370 acres and Block 2; |
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Thence, with said common line the following three (3) courses; |
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1. North 67° 20' 55" West, 363.49 feet to a point for corner; |
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2. North 86° 12' 26" West, 377.79 feet to a point for corner; |
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3. North 39° 12' 50" West, 534.86 feet to a point for corner; |
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Thence, leaving said common line, with a westerly line of said Block |
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2, the following three (3) courses: |
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1. North 12° 23' 29" West, 238.03 feet to a point for corner; |
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2. North 28° 38' 18" West, 93.24 feet to a point for corner; |
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3. South 80° 37' 13" West, 8.95 feet to a point for corner on the |
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aforementioned common line of 218.2370 acres and Block 2; |
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Thence, with said common line, North 15° 35' 12" West, 461.11 feet to |
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a point for corner; |
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Thence, leaving said common line, with a westerly line of said Block |
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2, North 05° 08' 25" West, 97.89 feet to a point for corner; |
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Thence, continuing with said westerly line, North 36° 15' 04" West, |
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50.30 feet to a point for corner on the aforementioned common line |
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of 218.2370 acres and Block 2; |
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Thence, with said common line, North 15° 35' 12" West, 348.54 feet to |
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a point for corner; |
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Thence, continuing with said common line, South 51° 27' 53" West, |
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221.47 feet to a point for corner; |
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Thence, leaving said common line, with a southerly line of said |
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Block 2, South 79° 01' 56" West, 33.03 feet to a point for corner; |
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Thence, continuing with said southerly line, South 41° 55' 38" West, |
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92.25 feet to a point for corner, being on the aforementioned common |
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line of 218.2370 acres and Block 2; |
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Thence, with said common line, South 51° 27' 53" West, 669.50 feet to |
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a point for corner; |
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Thence, continuing with said common line, South 47° 24' 23" West, at |
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853.29 feet pass the most southerly corner of said Block 2, same |
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being the northwest corner of said 218.2370 acres, also being on the |
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easterly right-of-way line of aforementioned Fish Creek |
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Thoroughfare, and continuing in all a distance of 1033.62 feet to a |
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point for corner, being on the west right-of-way line of said Fish |
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Creek Thoroughfare, same being an easterly line of that certain |
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called 103.0101 acre tract conveyed to Elk Trace Golf Club, L.P., by |
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instrument of record under File No. 2000-030725, M.C.O.P.R.R.P., |
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and being on the arc of a curve; |
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Thence, with the common line of said Fish Creek Thoroughfare and |
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103.0101 acres, the following 4 courses: |
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1. 183.53 feet along the arc of a non-tangent curve to the right |
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having a radius of 2075.00 feet, a central angle of 05° 04' 04, and a |
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chord that bears North 07° 45' 13" West, 183.47 feet to a point for |
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corner; |
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2. North 05° 13' 11" West, 254.51 feet to a point for corner, the |
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beginning of a curve; |
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3. 853.78 feet along the arc of a tangent curve to the left having a |
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radius of 1925.00 feet, a central angle of 25° 24' 43, and a chord |
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that bears North 17° 55' 33" West, 846.80 feet to a point for corner; |
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4. North 30° 37' 54" West, 295.75 feet to a point for corner, being |
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an angle point on the east line of aforementioned 98.29 acres; |
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Thence, with the common line of said 103.0101 and 98.29 acres, South |
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71° 58' 45" West, 169.12 feet to a point for corner; |
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Thence, continuing with said common line, South 54° 33' 51" West, |
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195.65 feet to a point for corner; |
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Thence, leaving said common line, South 31° 36' 19" West, 57.23 feet |
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to a point for corner; |
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Thence, South 02° 30' 24" West, 316.42 feet to a point for corner; |
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Thence, South 18° 26' 30" East, 235.42 feet to a point for corner; |
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Thence, South 44° 10' 35" East, 198.42 feet to a point for corner, |
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being on the aforementioned common line of said 103.0101 and 98.29 |
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acres; |
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Thence, with said common line, South 14° 37' 57" East, 929.20 feet to |
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a point for corner; |
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Thence, leaving said common line, South 33° 24' 56" West, 36.44 feet |
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to a point for corner; |
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Thence, South 22° 40' 22" East, 366.05 feet to a point for corner, |
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being on the aforementioned common line of said 103.0101 and 98.29 |
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acres; |
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Thence, with said common line, South 18° 11' 51" East, 401.56 feet to |
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a point for corner; |
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Thence, continuing with said common line, South 40° 17' 46" East, at |
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300.13 feet pass the southeast corner of said 98.29 acres, same |
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being the northeast corner of aforementioned 10.00 acres, and |
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continuing, with the common line of said 103.0101 and 10.00 acres, |
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in all a distance of 802.84 feet to a point for corner; |
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Thence, leaving said common line, South 81° 03' 35" West, 192.36 |
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feet to a point for corner, being on the common line of said |
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103.0101 and 10.00 acres; |
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Thence, with said common line, South 86° 10' 50" West, 617.42 feet to |
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a point for corner; |
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Thence, continuing with said common line, South 66° 03' 00" West, |
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554.45 feet to a point for corner; |
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Thence, leaving said common line, South 83° 32' 05" West, 92.99 feet |
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to a point for corner, being on the common line of said 103.0101 and |
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10.00 acres; |
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Thence, with said common line, North 16° 45' 34" East, 387.65 feet to |
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a point for corner; |
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Thence, continuing with said common line, North 16° 57' 30" West, at |
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22.51 feet pass the northwest corner of said 10.00 acres, same being |
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the southwest corner of aforementioned 98.29 acres, and |
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continuing, with the common line of said 98.29 and 103.0101 acres, |
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in all a distance of 1116.53 feet to a point for corner; |
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Thence, with said common line, the following six (6) courses: |
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1. South 89° 07' 26" West, 445.57 feet to a point for corner; |
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2. North 09° 27' 25" East, 337.44 feet to a point for corner; |
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|
3. North 31° 20' 59" West, 393.23 feet to a point for corner; |
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|
4. North 10° 13' 41" West, 682.81 feet to a point for corner; |
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5. North 77° 28' 12" West, 116.44 feet to a point for corner; |
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|
6. North 03° 22' 57" East, 357.10 feet to a point for corner; |
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|
Thence, leaving said common line, North 04° 47' 18" East, 1043.56 |
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|
feet to a point for corner, being on the common line of said 98.29 |
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and 103.0101 acres; |
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|
Thence, with said common line, North 62° 59' 28" East, 197.47 feet to |
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a point for corner; |
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|
Thence, continuing with said common line, South 74° 13' 15" East, |
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513.20 feet to a point for corner; |
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|
Thence, leaving said common line, South 28° 49' 54" East, 235.27 |
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feet to a point for corner; |
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|
Thence, South 31° 19' 21" East, 612.89 feet to a point for corner, |
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|
being a common angle point of said 98.29 and 103.0101 acres; |
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|
Thence, with the common line of said 98.29 and 103.0101 acres, North |
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|
65° 18' 02" East, 195.96 feet to a point for corner; |
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|
Thence, continuing with said common line, North 47° 21' 02" East, |
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|
168.80 feet to a point for corner, being on the aforementioned |
|
|
westerly right-of-way line of Fish Creek Thoroughfare; |
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|
Thence, with the common line of said Fish Creek Thoroughfare and |
|
|
103.0101 acres, North 30° 37' 54" West, 693.00 feet to a point for |
|
|
corner, the beginning of a curve; |
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|
Thence, 248.38 feet along the arc of a tangent curve to the right |
|
|
having a radius of 2075.00 feet, a central angle of 06° 51' 30", and |
|
|
a chord that bears North 27° 12' 09" West, 248.23 feet to a point for |
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|
corner, being the most westerly corner of aforementioned 251.14 |
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|
acres; |
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|
Thence, leaving said common line, with the common line of said |
|
|
103.0101 and 251.14 acres, the following six (6) courses: |
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|
1. North 73° 14' 23" West, 834.80 feet to a point for corner; |
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|
2. South 56° 07' 29" West, 604.40 feet to a point for corner; |
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|
3. South 21° 30' 50" West, 242.70 feet to a point for corner; |
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|
4. South 38° 09' 17" East, 193.27 feet to a point for corner; |
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|
5. South 07° 58' 19" West, 822.17 feet to a point for corner; |
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|
6. South 11° 09' 50" East, 199.80 feet to a point for corner; |
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|
Thence, leaving said common line, with a southerly and westerly |
|
|
line of said 251.14 acres, the following seventeen (17) courses: |
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|
1. North 35° 43' 17" West, 228.48 feet to a point for corner; |
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|
2. North 44° 58' 49" West, 396.13 feet to a point for corner; |
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|
3. South 82° 52' 14" West, 53.75 feet to a point for corner; |
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|
4. North 47° 28' 11" West, 217.12 feet to a point for corner; |
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|
5. North 78° 21' 31" West, 231.43 feet to a point for corner; |
|
|
6. North 87° 23' 44" West, 293.64 feet to a point for corner; |
|
|
7. North 72° 03' 38" West, 238.26 feet to a point for corner; |
|
|
8. North 19° 38' 28" West, 99.17 feet to a point for corner; |
|
|
9. North 61° 52' 54" West, 190.83 feet to a point for corner; |
|
|
10. North 85° 56' 55" East, 50.64 feet to a point for corner; |
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|
11. North 35° 20' 45" West, 122.49 feet to a point for corner; |
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|
12. North 68° 14' 30" West, 61.64 feet to a point for corner; |
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|
13. North 03° 37' 12" West, 209.29 feet to a point for corner; |
|
|
14. South 86° 38' 28" West, 49.98 feet to a point for corner, being |
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|
on the common line of aforementioned Thomas Curry Survey and the |
|
|
Matthew Cartwright Survey, Abstract 151, Montgomery County, Texas; |
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|
15. With said common survey line, North 03° 19' 28" West, 2972.19 |
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|
feet to a point for corner; |
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|
16. Leaving said common survey line, North 69° 34' 56" East, 440.00 |
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|
feet to a point for corner; |
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|
17. North 03° 19' 28" West, 863.20 feet to a point for corner, being |
|
|
on the approximate Extra Territorial Jurisdiction (ETJ) line of the |
|
|
City of Conroe; |
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|
Thence, with said approximate ETJ line, North 84° 33' 28" East, |
|
|
271.56 feet to a point for corner; |
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|
Thence, continuing with said approximate ETJ line, South 87° 27' 01" |
|
|
East, at 968.66 feet pass a point on the aforementioned westerly |
|
|
right-of-way line of Fish Creek Thoroughfare, and continuing in all |
|
|
a distance of 1149.12 feet to a point for corner; |
|
|
Thence, continuing with said approximate ETJ line, South 88° 10' 11" |
|
|
East, 12.78 feet to a point for corner, being on the easterly |
|
|
right-of-way line of said Fish Creek Thoroughfare; |
|
|
Thence, with said easterly right-of-way line, the following five |
|
|
(5) courses: |
|
|
1. South 36° 34' 46" East, 493.30 feet to a point for corner, the |
|
|
beginning of a curve; |
|
|
2. 217.91 feet along the arc of a tangent curve to the right having |
|
|
a radius of 2075.00 feet, a central angle of 06° 01' 01", and a chord |
|
|
that bears South 33° 34' 16" East, 217.81 feet to a point for corner; |
|
|
3. South 30° 33' 45" East, 430.07 feet to a point for corner, the |
|
|
beginning of a curve; |
|
|
4. 287.14 feet along the arc of a tangent curve to the right having |
|
|
a radius of 2075.00 feet, a central angle of 07° 55' 43", and a chord |
|
|
that bears South 26° 35' 54" East, 286.91 feet to a point for corner; |
|
|
5. South 22° 38' 02" East, 258.95 feet to the POINT OF BEGINNING and |
|
|
containing 760.604 acres of land. |
|
|
Save and except however, the following nine (9) tracts of land. |
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|
SAVE AND EXCEPT TRACT NO. 1 |
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|
1.003 acres being Lot 6, Block 1, Elk-Trace Golf Estates Section |
|
|
One, a subdivision of record in Cabinet P, Sheets 66-67, M.C.M.R. |
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|
SAVE AND EXCEPT TRACT NO. 2 |
|
|
3.995 acres being comprised of Lots 18, 19 and 20, Block 1, |
|
|
Elk-Trace Golf Estates Section One, a subdivision of record in |
|
|
Cabinet P, Sheets 66-67, M.C.M.R. |
|
|
SAVE AND EXCEPT TRACT NO. 3 |
|
|
1.005 acres being Lot 5, Block 2, Elk-Trace Golf Estates Section |
|
|
One, a subdivision of record in Cabinet P, Sheets 66-67, M.C.M.R. |
|
|
SAVE AND EXCEPT TRACT NO. 4 |
|
|
4.045 acres being comprised of Lots 7, 8, 9 and 10, Block 2, |
|
|
Elk-Trace Golf Estates Section One, a subdivision of record in |
|
|
Cabinet P, Sheets 66-67, M.C.M.R. |
|
|
SAVE AND EXCEPT TRACT NO. 5 |
|
|
2.077 acres being comprised of Lots 12 and 13, Block 2, Elk-Trace |
|
|
Golf Estates Section One, a subdivision of record in Cabinet P, |
|
|
Sheets 66-67, M.C.M.R. |
|
|
SAVE AND EXCEPT TRACT NO. 6 |
|
|
2.018 acres being comprised of Lots 26 and 27, Block 2, Elk-Trace |
|
|
Golf Estates Section One, a subdivision of record in Cabinet P, |
|
|
Sheets 66-67, M.C.M.R. |
|
|
SAVE AND EXCEPT TRACT NO. 7 |
|
|
1.237 acres being Lot 32, Block 2, Elk-Trace Golf Estates Section |
|
|
One, a subdivision of record in Cabinet P, Sheets 66-67, M.C.M.R. |
|
|
SAVE AND EXCEPT TRACT NO. 8 |
|
|
Being 5.000 acres of land situated in Thomas Curry Survey, Abstract |
|
|
136, Montgomery County, Texas, and being a portion the |
|
|
aforementioned 50.19 acres, said 5.00 acres being more particularly |
|
|
described by metes and bounds as follows; |
|
|
COMMENCING at the southeast corner of said 50.19 acres, same being |
|
|
the northeast corner of aforementioned 62.76 acres, also being on |
|
|
the common line of the aforementioned James Pevehouse Survey and |
|
|
the Thomas Curry Survey; |
|
|
Thence, with the east line of said 50.19 acres, North 02° 35' 40" |
|
|
West, 28.15 feet to a point; |
|
|
Thence, leaving said east line, South 87° 24' 24" West, 266.60 feet |
|
|
to the POINT OF BEGINNING; |
|
|
Thence, South 87° 24' 24" West, 466.69 feet to a point for corner; |
|
|
Thence, North 02° 35' 36" West, 466.69 feet to a point for corner; |
|
|
Thence, North 87° 24' 24" East, 466.69 feet to a point for corner; |
|
|
Thence, South 02° 35' 36" East, 466.69 feet to the POINT OF BEGINNING |
|
|
and containing 5.000 acres of land. |
|
|
SAVE AND EXCEPT TRACT NO. 9 |
|
|
Being 5.000 acres of land situated in Thomas Curry Survey, Abstract |
|
|
136, Montgomery County, Texas, and being a portion the |
|
|
aforementioned 251.15 acres, said 5.00 acres being more |
|
|
particularly described by metes and bounds as follows; |
|
|
COMMENCING for reference at an angle point in the west line of |
|
|
aforementioned 251.14 acres, also being the common line of |
|
|
aforementioned Thomas Curry Survey and the Matthew Cartwright |
|
|
Survey; from which an angle point in said west line bears South 03° |
|
|
19' 28" East, 2972.19 feet; |
|
|
Thence, South 64° 54' 32" East, 400.09 feet to the POINT OF |
|
|
BEGINNING; |
|
|
Thence, North 87° 24' 20" East, 466.69 feet to a point for corner; |
|
|
Thence, South 02° 35' 40" East, 466.69 feet to a point for corner; |
|
|
Thence, South 87° 24' 20" West, 466.69 feet to a point for corner; |
|
|
Thence, North 02° 35' 40" West, 466.69 feet to the POINT OF BEGINNING |
|
|
and containing 5.000 acres of land. |
|
|
Resulting a net area of 745.224 acres. |
|
|
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, 2007. |
|
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| |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
|
|
I hereby certify that S.B. No. 1963 passed the Senate on |
|
|
April 26, 2007, by the following vote: Yeas 31, Nays 0. |
|
|
|
| |
| |
______________________________ |
| |
Secretary of the Senate |
| |
|
|
I hereby certify that S.B. No. 1963 passed the House on |
|
|
May 17, 2007, by the following vote: Yeas 143, Nays 0, two |
|
|
present not voting. |
|
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| |
| |
______________________________ |
| |
Chief Clerk of the House |
| |
|
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| |
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Approved: |
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|
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|
______________________________ |
|
|
Date |
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______________________________ |
|
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Governor |