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AN ACT
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relating to the creation of the Somerset Municipal Utility District |
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No. 3; providing authority to impose a tax and issue bonds; granting |
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a limited 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 8362 to read as follows: |
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CHAPTER 8362. SOMERSET MUNICIPAL UTILITY DISTRICT NO. 3 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8362.001. 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 Somerset Municipal Utility |
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District No. 3. |
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Sec. 8362.002. NATURE OF DISTRICT. The district is a |
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municipal utility district created under Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 8362.003. CONFIRMATION AND DIRECTORS' ELECTION |
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REQUIRED. The temporary directors shall hold an election to |
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confirm the creation of the district and to elect five permanent |
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directors as provided by Section 49.102, Water Code. |
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Sec. 8362.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 8362.003 |
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until each municipality in whose corporate limits or |
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extraterritorial jurisdiction the district is located has |
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consented by ordinance or resolution to the creation of the |
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district and to the inclusion of land in the district. |
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Sec. 8362.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. |
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(a) The district is created to serve a public purpose and benefit. |
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(b) The district is created to accomplish the purposes of: |
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(1) a municipal utility district as provided by |
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general law and Section 59, Article XVI, Texas Constitution; and |
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(2) Section 52, Article III, Texas Constitution, that |
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relate to the construction, acquisition, improvement, operation, |
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or maintenance of macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 8362.006. 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 made in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for the purposes |
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for which the district is created or to pay the principal of and |
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interest on a bond; |
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(3) right to impose a tax; or |
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(4) legality or operation. |
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[Sections 8362.007-8362.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8362.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five elected directors. |
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(b) Except as provided by Section 8362.052, directors serve |
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staggered four-year terms. |
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Sec. 8362.052. TEMPORARY DIRECTORS. (a) On or after |
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September 1, 2009, the owner or owners of a majority of the assessed |
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value of the real property in the district may submit a petition to |
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the Texas Commission on Environmental Quality requesting that the |
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commission appoint as temporary directors the five persons named in |
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the petition. The commission shall appoint as temporary directors |
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the five persons named in the petition. |
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(b) Temporary directors serve until the earlier of: |
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(1) the date permanent directors are elected under |
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Section 8362.003; or |
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(2) September 1, 2013. |
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(c) If permanent directors have not been elected under |
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Section 8362.003 and the terms of the temporary directors have |
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expired, successor temporary directors shall be appointed or |
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reappointed as provided by Subsection (d) to serve terms that |
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expire on the earlier of: |
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(1) the date permanent directors are elected under |
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Section 8362.003; or |
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(2) the fourth anniversary of the date of the |
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appointment or reappointment. |
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(d) If Subsection (c) applies, the owner or owners of a |
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majority of the assessed value of the real property in the district |
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may submit a petition to the Texas Commission on Environmental |
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Quality requesting that the commission appoint as successor |
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temporary directors the five persons named in the petition. The |
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commission shall appoint as successor temporary directors the five |
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persons named in the petition. |
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[Sections 8362.053-8362.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8362.101. 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. 8362.102. 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. 8362.103. AUTHORITY FOR ROAD PROJECTS. Under Section |
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52, Article III, Texas Constitution, the district may design, |
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acquire, construct, finance, issue bonds for, improve, operate, |
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maintain, and convey to this state, a county, or a municipality for |
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operation and maintenance macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 8362.104. ROAD STANDARDS AND REQUIREMENTS. (a) A |
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road project must meet all applicable construction standards, |
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zoning and subdivision requirements, and regulations of each |
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municipality in whose corporate limits or extraterritorial |
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jurisdiction the road project is located. |
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(b) If a road project is not located in the corporate limits |
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or extraterritorial jurisdiction of a municipality, the road |
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project must meet all applicable construction standards, |
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subdivision requirements, and regulations of each county in which |
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the road project is located. |
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(c) If the state will maintain and operate the road, the |
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Texas Transportation Commission must approve the plans and |
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specifications of the road project. |
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Sec. 8362.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE |
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OR RESOLUTION. The district shall comply with all applicable |
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requirements of any ordinance or resolution that is adopted under |
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Section 54.016 or 54.0165, Water Code, and 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. 8362.106. LIMITATION ON USE OF EMINENT DOMAIN. The |
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district may not exercise the power of eminent domain outside the |
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district to acquire a site or easement for: |
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(1) a road project authorized by Section 8362.103; or |
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(2) a recreational facility as defined by Section |
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49.462, Water Code. |
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Sec. 8362.107. DIVISION OF DISTRICT. (a) The district may |
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be divided into two or more new districts only if the district: |
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(1) has no outstanding bonded debt; and |
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(2) is not imposing ad valorem taxes. |
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(b) This chapter applies to any new district created by the |
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division of the district, and a new district has all the powers and |
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duties of the district. |
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(c) Any new district created by the division of the district |
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may not, at the time the new district is created, contain any land |
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outside the area described by Section 2 of the Act creating this |
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chapter. |
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(d) The board, on its own motion or on receipt of a petition |
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signed by the owner or owners of a majority of the assessed value of |
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the real property in the district, may adopt an order dividing the |
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district. |
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(e) The board may adopt an order dividing the district |
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before or after the date the board holds an election under Section |
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8362.003 to confirm the district's creation. |
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(f) An order dividing the district must: |
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(1) name each new district; |
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(2) include the metes and bounds description of the |
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territory of each new district; |
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(3) appoint temporary directors for each new district; |
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and |
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(4) provide for the division of assets and liabilities |
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between or among the new districts. |
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(g) On or before the 30th day after the date of adoption of |
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an order dividing the district, the district shall file the order |
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with the Texas Commission on Environmental Quality and record the |
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order in the real property records of each county in which the |
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district is located. |
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(h) Any new district created by the division of the district |
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shall hold a confirmation and directors' election as required by |
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Section 8362.003. |
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(i) Municipal consent to the creation of the district and to |
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the inclusion of land in the district granted under Section |
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8362.004 acts as municipal consent to the creation of any new |
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district created by the division of the district and to the |
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inclusion of land in the new district. |
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(j) Any new district created by the division of the district |
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must hold an election as required by this chapter to obtain voter |
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approval before the district may impose a maintenance tax or issue |
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bonds payable wholly or partly from ad valorem taxes. |
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(k) If the voters of a new district do not confirm the |
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creation of the new district, the assets, obligations, territory, |
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and governance of the new district revert to that of the original |
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district. |
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[Sections 8362.108-8362.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8362.151. 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: |
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(1) revenue other than ad valorem taxes; or |
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(2) contract payments described by Section 8362.153. |
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(b) The district must hold an election in the manner |
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provided by Chapters 49 and 54, Water Code, to obtain voter approval |
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before the district may impose an ad valorem tax or issue bonds |
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payable from ad valorem taxes. |
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(c) The district may not issue bonds payable from ad valorem |
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taxes to finance a road project unless the issuance is approved by a |
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vote of a two-thirds majority of the district voters voting at an |
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election held for that purpose. |
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Sec. 8362.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8362.151, the district |
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may impose an operation and maintenance tax on taxable property in |
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the district in accordance with Section 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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Sec. 8362.153. CONTRACT TAXES. (a) In accordance with |
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Section 49.108, Water Code, the district may impose a tax other than |
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an operation and maintenance tax and use the revenue derived from |
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the tax to make payments under a contract after the provisions of |
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the contract have been approved by a majority of the district voters |
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voting at an election held for that purpose. |
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(b) A contract approved by the district voters may contain a |
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provision stating that the contract may be modified or amended by |
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the board without further voter approval. |
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[Sections 8362.154-8362.200 reserved for expansion] |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 8362.201. 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, contract payments, grants, or other district money, or any |
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combination of those sources, to pay for any authorized district |
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purpose. |
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Sec. 8362.202. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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board shall provide for the annual imposition of a continuing |
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direct ad valorem tax, without limit as to rate or amount, while all |
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or part of the bonds are outstanding as required and in the manner |
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provided by Sections 54.601 and 54.602, Water Code. |
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Sec. 8362.203. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of bonds or other obligations |
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issued or incurred to finance road projects and payable from ad |
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valorem taxes may not exceed one-fourth of the assessed value of the |
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real property in the district. |
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SECTION 2. The Somerset Municipal Utility District No. 3 |
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initially includes all the territory contained in the following |
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area: |
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TRACT 1 |
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Being 44.994 acres of land situated in the State of Texas, County of |
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San Jacinto, a part of the M. B. Menard Survey, A-36, and being the |
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total combined acreage by resurvey of the 25.000 acres described in |
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deed to Charles E. Williams and wife, Jean Williams, recorded in |
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Volume 164, Page 865 of the San Jacinto County Official Public |
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Records, and the 20.000 acres described in deed to Charles E. |
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Williams and wife, Jean Williams, recorded in Volume 146, Page 271 |
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of said Official Public Records, and this 44.994 acre tract being |
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more particularly described by metes and bounds as follows: |
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Beginning at a 5/8" square-head bolt found marking the east common |
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corner between said 20.000 acre tract and the called 10.0000 acres |
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described as "Tract Two" of Exhibit A-1 in deed to Thomas E. Berry, |
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Trustee, Priscilla Goodrich Timpson and Hugh R. Goodrich recorded |
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in Volume 308, Page 942 of said Official Public Records, located on |
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the common survey line between said Menard Survey and the Isaac |
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Jones Survey, A-23, at its intersection with the northwest right of |
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way line of U. S. Highway No. 190; |
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Thence S 52° 34' 12" W, along the southeast line of said 20.000 |
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acres, same being the common survey line between said Menard and |
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Jones Surveys, common in part with the northwest lines of said |
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called 10.0000 acres and the called 11.1959 acres described as |
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"Tract Two" of Exhibit A-2 in said Berry, et al, deed, at 1,463.69 |
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ft. pass the southeast common corner between said 20.000 acre tract |
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and said 25.000 acre tract, and continuing along said common survey |
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line, same being the southeast line of said 25.000 acre tract, |
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common in part with the northwest lines of said called 11.1959 |
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acres, the called 5.0000 acres described as "Tract One" of Exhibit |
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A-1 in said Berry, et al, deed, at 1,888.52 ft. pass a concrete |
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monument found marking the northwest common corner between said |
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Berry, et al, called 5.0000 acre tract and the called 52.88 acres |
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described in deed to Randy Harrott recorded in Volume 319, Page 29 |
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of said Official Public Records, and continuing S 52° 34' 12" W, |
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along the common line between said 25.000 acre tract and said |
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Harrott called 52.88 acres, same being said common survey line, in |
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all a total distance of 2,367.34 ft. to a 1/2" iron rod found |
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marking the southeast common corner between said 25.000 acre tract |
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and Holiday Villages of Livingston, Section J, a subdivision in San |
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Jacinto County, Texas, as shown by the map or plat thereof recorded |
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under Clerk's File No. 05-789, Page 3501 of said Official Public |
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Records, said point being the most southern corner of the herein |
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described 44.994 acre tract; |
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Thence N 37° 26' 18" W 1,185.87 ft. along the common line between |
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said 25.000 acres and said Holiday Villages of Livingston, Section |
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J, to a 1/2" iron rod set marking the most western corner of said |
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25.000 acre tract and an interior corner of said Section J, said |
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point being the most western corner of the herein described 44.994 |
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acre tract; |
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Thence N 52° 34' 12" E 2,183.24 ft. along the common line between |
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said 25.000 acres and said Holiday Villages of Livingston, Section |
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J, to a 1/2" iron rod found marking the east common corner between |
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said tracts, located on the southwest right of way line of Hidden |
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Coves Road [a 60 ft. wide easement and right-of-way granted to the |
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County of San Jacinto, Texas, for road purposes recorded in Volume |
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133, Page 272 of the San Jacinto County Deed Records, said point |
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being the most northern corner of the herein described 44.994 acre |
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tract; |
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Thence S 57° 30' 39" E 63.88 ft. along the southwest right of way |
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line of said Hidden Coves Road to a 1/2" iron rod set marking the |
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east common corner between said 25.000 acre tract and the called |
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10.000 acres described in deed to H. T. Simons recorded under |
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Clerk's File No. 03-3283, Page 14055 of said Official Records; |
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Thence S 52° 34' 12" W 1,511.53 ft. along the common line between |
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said 25.000 acre tract and said Simons called 10.000 acres to a 1/2" |
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iron rod set marking an interior corner of said 25.000 acre tract |
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and the most western corner of said Simons tract, from said point a |
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3" concrete monument found bears N 25° 03' E 0.81 ft.; |
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Thence S 57° 29' 05" E 612.91 ft. along a northeastern line of said |
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25.000 acre tract, common in part with the southwest line of said |
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Simons called 10.000 acres and the called 10.000 acres described in |
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deed to Elizabeth Priest recorded under Clerk's File No. 05-2465, |
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Page 10470 of said Official Records, to a 1/2" iron rod found |
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marking the west common corner between said Williams 20.000 acre |
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tract and said Priest called 10.000 acres; |
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Thence N 52° 34' 12" E 1,513.18 ft. along the common line between |
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said Williams 20.000 acre tract and said Priest called 10.000 acres |
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to a 1/2" iron rod found marking the east common corner between said |
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tracts, located on the southwest right of way line of said Hidden |
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Coves Road; |
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Thence S 57° 12' 35" E 451.08 ft. along the northeast line of said |
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Williams 20.000 acre tract, same being the southwest right of way |
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line of said Hidden Coves Road, to a 1/2" iron rod found marking the |
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most eastern corner of said 20.000 acre tract, located at the |
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intersection of said southwest right of way line with the northwest |
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right of way line of said U. S. Highway No. 190; |
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Thence S 20° 42' 04" W 238.01 ft. along the eastern line of said |
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20.000 acre tract, same being the northwest right of way line of |
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said U. S. Highway No. 190, to the place of beginning and containing |
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within these bounds 44.994 acres of land. |
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Bearings for this description are based on deed call for the |
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northwest line of the 25.000 acre tract described in deed to Charles |
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E. Williams and wife, Jean Williams, recorded in Volume 164, Page |
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865 of the San Jacinto County Official Public Records. |
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TRACT 2 |
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Being 109.641 acre of land situated in the State of Texas, County of |
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San Jacinto, a part of the John Foster Survey, A-120, and being the |
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total combined acreage by resurvey of the residue of the called |
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110.77476 acres described in deed to Lillian R. Hulon recorded in |
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Volume 122, Page 409 of the San Jacinto County Deed Records, same |
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being described in deed to Mary Louise Crawford, Annie Kathryn |
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Alvey and Elizabeth Lee Priest (undivided 49% interest) recorded in |
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Volume 126, Page 278 of said Deed Records and in deed to Mary Louise |
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Crawford, Annie Kathryn Alvey and Elizabeth Lee Priest (undivided |
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6% interest) recorded in Volume 214, Page 131 of said Deed Records, |
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the called 1.2728 acres described as Tract # 1, the called 1.091 |
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acres described as Tract # 2, the called 1.17 acres described as |
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Tract # 3 and the called 1.19 acres described as Tract # 4 in deed to |
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Mary Louise Crawford, Annie Kathryn Alvey and Elizabeth Lee Priest |
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recorded in Volume 123, Page 294 of said Deed Records, and this |
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109.641 acre tract being more particularly described by metes and |
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bounds as follows: |
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Beginning at the east common corner between said Hulon called |
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110.77476 acres and Holiday Villages of Livingston, Woodland |
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Shores, Section A, a subdivision in said San Jacinto County, Texas, |
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as shown by the map or plat thereof recorded in Volume 303, Page 782 |
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of the San Jacinto County Official Public Records, located on the |
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west line of the called 79.91 acres described as "Fee Tract F-9, |
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Parcel A" in deed to the Trinity River Authority of Texas recorded |
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in Volume 120, Page 306 of said Deed Records; |
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Thence S 52° 51' 02" W, along the common line between said Hulon |
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tract and said Holiday Villages of Livingston, Woodland Shores, |
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Section A, at 88.85 ft. pass a 1/2" iron rod found for reference, at |
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331.04 ft. pass a 1/2" iron rod found for the north common corner |
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between Lots 23 and 22 of said Section A, at 411.04 ft. pass a 1/2" |
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iron rod found for the north common corner between Lots 21 and 20 of |
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said Section A, at 731.04 ft. pass a 1/2" iron rod found for the |
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north common corner between Lots 13 and 12 of said Section A, and in |
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all a total distance of 871.04 ft. to a 1/2" iron rod found for the |
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northwest corner of Lot 11 of said Section A, same being the north |
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common corner between said Holiday Villages of Livingston, Woodland |
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Shores, Section A and Holiday Villages of Livingston, The Lodges on |
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Livingston, Section C, a subdivision in said San Jacinto County, |
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Texas, as shown by the map or plat thereof recorded in Volume 303, |
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Page 785 of said Official Public Records; |
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Thence S 52° 53' 51" W, along the southeast line of said Hulon |
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tract, common in part with the northwest lines of said Section C, of |
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Holiday Villages of Livingston, Tejas Village, Section B, a |
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subdivision in said San Jacinto County, Texas, as shown by the map |
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or plat thereof recorded in Volume 303, Page 784 of said Official |
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Public Records and of Holiday Villages of Livingston, Silver Creek, |
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Section D, a subdivision in said San Jacinto County, Texas, as shown |
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by the map or plat thereof recorded in Volume 303, Page 787 of said |
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Official Public Records, at 1,411.90 ft. pass a 1/2" iron rod found |
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for the northwest corner of said Section D located on the east right |
|
|
of way of Hidden Coves Road [ a county maintained 60 ft. wide |
|
|
right-of-way easement and utility easement granted to San Jacinto |
|
|
County, Texas, recorded in Volume 123, Page 97 of said Deed |
|
|
Records], and in all a total distance of 1,475.09 ft. to a concrete |
|
|
monument found for the most northern northeast corner of the 70.009 |
|
|
acres described in deed to Foster Timber, Ltd. recorded in Volume |
|
|
04-3397, Page 14295 of said Official Public Records, said point |
|
|
being an angle point in the southeast line of said Hulon tract; |
|
|
Thence S 52° 50' 21" W 1,575.22 ft. along the common line between |
|
|
said Hulon tract and said Foster Timber, Ltd. 70.009 acres, to a |
|
|
concrete monument found for corner located on the common survey |
|
|
line between said Foster Survey and the Michael B. Menard Survey, |
|
|
A-36; |
|
|
Thence N 70° 56' 46" W 1,568.92 ft. along the common line between |
|
|
said Hulon tract and said Foster Timber, Ltd. tract, same being the |
|
|
common survey line between said Foster and Menard Surveys, to a |
|
|
concrete monument found for the west common corner between said |
|
|
Hulon tract and Hidden Coves, Section One, a subdivision in said San |
|
|
Jacinto County, Texas, as shown by the map or plat thereof recorded |
|
|
in Volume 130, Page 624 of said Deed Records; |
|
|
Thence N 52° 54' 22" E 972.54 ft. along the common line between said |
|
|
Hulon tract and said Hidden Coves Subdivision, Section One, to a |
|
|
concrete monument found for the south common corner between said |
|
|
Section One and the called 16.420 acres described in deed to Brooks |
|
|
Bouldin, Trustee, recorded under Clerk's File No. 02-7319, Page |
|
|
30748 of said Official Public Records; |
|
|
Thence N 52° 37' 12" E 415.04 ft. along the common line between said |
|
|
Hulon and Bouldin tracts to a concrete monument found marking an |
|
|
angle point in said line; |
|
|
Thence N 52° 32' 05" E, along the common line between said Hulon and |
|
|
Bouldin tracts, at 395.77 ft. pass a concrete monument found on |
|
|
line, at 786.47 ft. pass a concrete monument found on line, at |
|
|
1,246.88 ft. pass the centerline of said Hidden Coves Road, same |
|
|
being the south common corner between said Bouldin tract and a |
|
|
called 2.087 acre tract described in deed to Garland Trust recorded |
|
|
under Clerk's File No. 00-5594, Page 18835 of said Official Public |
|
|
Records, and continuing N 52° 32' 05" E, along the common line |
|
|
between said Hulon tract and said Garland Trust called 2.087 acre |
|
|
tract, at 1,277.23 ft. pass a 5/8" iron rod found for reference, at |
|
|
2,556.75 ft. pass a 1/2" iron rod set for reference, and in all a |
|
|
total distance of 2,596.75 ft. to the east common corner between |
|
|
said Hulon and Garland Trust tracts, located on the west line of |
|
|
said Trinity River Authority of Texas called 79.91 acres, same |
|
|
being the fee take line of Lake Livingston Reservoir; |
|
|
Thence along the Trinity River Authority fee take line, same being |
|
|
the common line between said Hulon tract and said called 79.91 acre |
|
|
tract, as follows: |
|
|
S 52° 35' 58" E 124.00 ft., |
|
|
S 40° 21' 58" E 161.48 ft., |
|
|
S 15° 19' 58" E 190.50 ft., |
|
|
S 23° 43' 02" W 196.61 ft., |
|
|
S 74° 35' 02" W 115.25 ft., |
|
|
S 58° 45' 02" W 107.75 ft., |
|
|
S 74° 16' 58" E 99.80 ft., |
|
|
S 17° 13' 02" W 86.33 ft., |
|
|
S 29° 42' 02" W 56.77 ft., |
|
|
S 16° 23' 02" W 80.32 ft. to the most |
|
|
western corner of said Tract # 4 described in deed recorded in |
|
|
Volume 123, Page 294 of said Deed Records and a corner of said Hulon |
|
|
residue tract, and continuing along the common line between said |
|
|
Tracts # 4, # 3, # 2 and # 1 and said Trinity River Authority called |
|
|
79.91 acres, as follows; |
|
|
N 51° 48' 02" E 95.56 ft., |
|
|
N 34° 44' 02" E 132.41 ft., |
|
|
N 52° 05' 02" E 235.54 ft., |
|
|
S 83° 48' 58" E 67.99 ft., |
|
|
S 33° 00' 58" E 184.57 ft., |
|
|
S 22° 19' 58" E 78.05 ft., |
|
|
S 59° 15' 02" W 112.99 ft., |
|
|
S 05° 21' 02" W 180.61 ft., |
|
|
S 02° 32' 02" W 110.57 ft., |
|
|
S 38° 29' 02" W 91.62 ft., |
|
|
N 86° 58' 58" W 61.41 ft., |
|
|
S 53° 09' 02" W 95.02 ft., passing the |
|
|
most southern corner of said Tract # 4 and an exterior corner of |
|
|
said Hulon residue tract, and continuing along the common line |
|
|
between said Hulon residue tract and said Trinity River Authority |
|
|
called 79.91 acres as follows; |
|
|
N 66° 42' 58" W 66.78 ft., |
|
|
S 17° 15' 02" W 113.14 ft. to a 5/8" iron rod found for |
|
|
corner; |
|
|
S 41° 52' 02" W 97.57 ft. to a 5/8" iron rod found for |
|
|
corner; |
|
|
S 04° 42' 58" E 152.01 ft. to a 5/8" iron rod found for |
|
|
corner; |
|
|
N 14° 17' 02" E 149.05 ft. to a 5/8" iron rod found for |
|
|
corner; |
|
|
N 47° 11' 02" E 133.93 ft. to a 5/8" iron rod found for |
|
|
corner; |
|
|
S 72° 22' 58" E 78.26 ft., |
|
|
S 13° 02' 58" E 63.62 ft. to a 1/2" iron rod set for |
|
|
corner; |
|
|
N 37° 52' 02" E 74.38 ft., |
|
|
N 28° 41' 02" E 123.30 ft., |
|
|
N 73° 55' 02" E 83.84 ft., |
|
|
N 10° 20' 02" E 160.85 ft., |
|
|
S 80° 07' 58" E 60.51 ft., |
|
|
S 80° 57' 58" E 135.66 ft. to a 1/2" iron rod set for |
|
|
corner; |
|
|
N 51° 51' 58" W 102.86 ft., |
|
|
N 49° 04' 58" W 100.80 ft., |
|
|
N 54° 06' 02" E 159.19 ft., |
|
|
N 17° 33' 02" E 70.86 ft., |
|
|
N 39° 11' 02" E 91.23 ft., |
|
|
S 87° 16' 58" E 73.63 ft., |
|
|
S 45° 53' 58" E 124.81 ft., |
|
|
N 26° 47' 58" W 139.09 ft., |
|
|
N 65° 15' 58" W 129.75 ft., |
|
|
N 37° 45' 58" W 96.06 ft., |
|
|
N 26° 57' 58" W 196.36 ft., |
|
|
N 31° 01' 02" E 78.08 ft., |
|
|
S 79° 32' 58" E 282.48 ft., |
|
|
S 84° 47' 58" E 191.23 ft., |
|
|
S 85° 59' 58" E 173.27 ft., |
|
|
S 71° 29' 58" E 143.11 ft. and |
|
|
S 27° 09' 58" E 95.51 ft. to the place of beginning and |
|
|
containing within these bounds 109.641 acres of land. |
|
|
Bearings for this description are based on deed call for the most |
|
|
eastern northwest line of the 70.009 acre tract described in deed to |
|
|
Foster Timber, Ltd. recorded under Clerk's File No. 04-3397, Page |
|
|
14295 of the San Jacinto County Official Records. |
|
|
TRACT 3 |
|
|
Being 135.492 acres of land situated in the State of Texas, County |
|
|
of San Jacinto, a part of the Michael B. Menard Survey, A-36, and |
|
|
being out of the called 1488.272 acre tract described as "Second |
|
|
Parcel - T85SJ1-a" in Exhibit "A" in Special Warranty Deed to |
|
|
Champion Realty Corporation [Florida] as shown of record in Volume |
|
|
22, Page 834 of the San Jacinto County Official Public Records, and |
|
|
this 135.491 acre tract being more particularly described by metes |
|
|
and bounds as follows: |
|
|
Beginning at a 1/2" iron rod found marking the west common corner |
|
|
between the herein described 135.491 acre tract and a 60.920 acre |
|
|
tract described in deed from said Champion Realty Corporation |
|
|
[Florida] to Ted Macon recorded in Volume 202, Page 27 of said |
|
|
Official Public Records located on the northeast right of way line |
|
|
of F.M. Highway No. 980; |
|
|
Thence N 39° 52' 00" E (bearings for this survey are based on the |
|
|
southwest lines of the 60.920 acre tract described in deed to Ted |
|
|
Macon recorded in Volume 202, Page 27 of the San Jacinto County |
|
|
Official Public Records) 169.03 ft. along the common boundary line |
|
|
between the herein described 135.491 acre tract and said 60.920 |
|
|
acre tract to a 1/2" iron rod found for corner; |
|
|
Thence N 38° 29' 38" E 396.52 ft. along the common boundary line |
|
|
between the herein described 135.491 acre tract and said 60.920 |
|
|
acre tract to a 1/2" iron rod found for corner; |
|
|
Thence N 60° 49' 06" E 176.53 ft. along the common boundary line |
|
|
between the herein described 135.491 acre tract and said 60.920 |
|
|
acre tract to a 1/2" iron rod found for corner; |
|
|
Thence N 80° 02' 10" E 121.27 ft. along the common boundary line |
|
|
between the herein described 135.491 acre tract and said 60.920 |
|
|
acre tract to a 1/2" iron rod found for corner; |
|
|
Thence S 68° 38' 00" E 128.53 ft. along the common boundary line |
|
|
between the herein described 135.491 acre tract and said 60.920 |
|
|
acre tract to a 1/2" iron rod found for corner; |
|
|
Thence S 60° 39' 12" E 650.34 ft. along the common boundary line |
|
|
between the herein described 135.491 acre tract and said 60.920 |
|
|
acre tract to a 1/2" iron rod found for corner; |
|
|
Thence S 74° 09' 28" E 313.67 ft. along the common boundary line |
|
|
between the herein described 135.491 acre tract and said 60.920 |
|
|
acre tract to a 1/2" iron rod found for corner; |
|
|
Thence S 81° 04' 58" E 100.64 ft. along the common boundary line |
|
|
between the herein described 135.491 acre tract and said 60.920 |
|
|
acre tract to a 1/2" iron rod found for corner; |
|
|
Thence N 71° 01' 05" E 82.77 ft. along the common boundary line |
|
|
between the herein described 135.491 acre tract and said 60.920 |
|
|
acre tract to a 1/2" iron rod found for corner; |
|
|
Thence S 70° 40' 51" E 1457.33 ft. along the common boundary line |
|
|
between the herein described 135.491 acre tract and said 60.920 |
|
|
acre tract, same being the north margin of a dirt road, to a 1/2" |
|
|
iron rod found for corner; |
|
|
Thence S 62° 18' 51" E 152.27 ft. along the common boundary line |
|
|
between the herein described 135.491 acre tract and said 60.920 |
|
|
acre tract, same being the north margin of a dirt road, to a 1/2" |
|
|
iron rod found for corner; |
|
|
Thence S 48° 19' 19" E 171.50 ft. along the common boundary line |
|
|
between the herein described 135.491 acre tract and said 60.920 |
|
|
acre tract, same being the north margin of a dirt road, to a 1/2" |
|
|
iron rod found for corner; |
|
|
Thence S 57° 38' 24" E 69.76 ft. along the common boundary line |
|
|
between the herein described 135.491 acre tract and said 60.920 |
|
|
acre tract, same being the north margin of a dirt road, to a 1/2" |
|
|
iron rod found for corner; |
|
|
Thence N 44° 53' 16" E 712.02 ft. along the common boundary line |
|
|
between the herein described 135.491 acre tract and said 60.920 |
|
|
acre tract to a 1/2" iron rod found for corner located on the |
|
|
westerly line of a called 21.54 acre tract described as "Tract F-2" |
|
|
in deed to The Trinity River Authority of Texas, recorded in Volume |
|
|
129, Page 382 of the San Jacinto County Deed Records, same being the |
|
|
Lake Livingston Fee Take Line; |
|
|
Thence along the common line between said Champion and Trinity |
|
|
River Authority tracts, same being the Lake Livingston Fee Take |
|
|
Line, as follows: |
|
|
S 57° 36' 45" E 164.31 ft., |
|
|
S 22° 09' 15" W 108.62 ft., |
|
|
S 65° 09' 15" W 143.60 ft., |
|
|
S 29° 09' 15" W 122.96 ft., |
|
|
S 08° 07' 15" W 158.23 ft., |
|
|
S 06° 56' 45" E 109.12 ft., |
|
|
N 18° 57' 15" E 87.61 ft., |
|
|
N 10° 54' 15" E 170.44 ft., |
|
|
N 42° 06' 15" E 64.27 ft., |
|
|
N 56° 30' 15" E 166.61 ft., |
|
|
N 39° 50' 15" E 77.41 ft., |
|
|
N 06° 42' 15" E 121.59 ft., |
|
|
N 42° 34' 45" W 135.41 ft., |
|
|
N 13° 47' 15" E 248.06 ft. and |
|
|
N 34° 43' 15" E 65.20 ft. to a 1/2" iron rod set |
|
|
for corner; |
|
|
Thence S 23° 13' 00" E, across and severing said Champion Realty |
|
|
tract, at 1368.33 ft. pass the terminal point of the centerline of a |
|
|
40 ft. wide access and utilities, and continuing S 23° 13' 00" E, in |
|
|
all a total distance of 2723.27 ft. to a concrete monument found for |
|
|
the common corner between said Champion Realty tract and a called |
|
|
1.1 acre tract described in deed to Ocie B. Norman recorded in |
|
|
Volume 99, Page 408 of said Official Public Records, located on the |
|
|
common survey line between said Menard Survey and the John Crippen |
|
|
Survey, A-11, said point being the most southern corner of the |
|
|
herein described 135.491 acre tract; |
|
|
Thence N 71° 06' 28" W 2048.86 ft. along the southwest boundary line |
|
|
of said Champion Realty tract, same being the common survey line |
|
|
between said Menard and Crippen Surveys, common in part with the |
|
|
north lines of said Norman called 1.1 acre tract, a called 3 acre |
|
|
tract described in deed to Ocie B. Norman recorded in Volume 177, |
|
|
Page 443 of the San Jacinto County Deed Records, a called 4.10 acre |
|
|
tract described in deed to Ocie B. Norman recorded in Volume 176, |
|
|
Page 529 of said Deed Records, a called 4.10 acre tract described in |
|
|
deed to Dora N. Thomas recorded in Volume 174, Page 341 of said Deed |
|
|
Records, a called 4.10 acre tract described in deed to Anne N. |
|
|
Charles recorded in Volume 174, Page 344 of said Deed Records, a |
|
|
called 4.10 acre tract described in deed to T. W. Elliott recorded |
|
|
in Volume 21, Page 231 of said Official Public Records, a called |
|
|
4.10 acre tract described in deed to Mattie N. Steely recorded in |
|
|
Volume 174, Page 350 of said Deed Records, and a called 4.10 acre |
|
|
tract described in deed to Joe Norman recorded in Volume 184, Page |
|
|
667 of said Deed Records, to a concrete monument found marking the |
|
|
north common corner between said Joe Norman called 4.10 acre tract |
|
|
and the residue of a called 596 acre tract described as |
|
|
"Twenty-fifth Tract" in deed to Thomas S. Foster recorded in Volume |
|
|
6, Page 378 of said Deed Records; |
|
|
Thence N 71° 36' 16" W 2767.33 ft. along the common line between said |
|
|
Champion Realty and Foster tracts, same being the common survey |
|
|
line between said Menard and Crippen Surveys, to a 1/2" iron rod set |
|
|
for the southwest corner of the herein described 135.491 acre tract |
|
|
located on the northeast right of way line of said F.M. Highway No. |
|
|
980; |
|
|
Thence N 44° 55' 13" W 1010.03 ft. along the northeast right of way |
|
|
line of said F.M. Highway No. 980 to the place of beginning and |
|
|
containing within these bounds 135.492 acres of land. |
|
|
TRACT 4 |
|
|
FIELDNOTES TO 97.704 ACRES OF LAND AS SITUTATED IN THE M.B. MENARD |
|
|
SURVEY, A-36, SAN JACINTO COUNTY, TEXAS, AND BEING OUT OF THAT |
|
|
CERTAIN CALLED 419.014 ACRE TRACT CONVEYED BY LEWIE BYERS AND |
|
|
ELAINE BYERS TO C. CONNER, LTD. BY DEED RECORDED IN CLERK'S FILE NO. |
|
|
02-3084, PAGE 12791 OF THE OFFICIAL PUBLIC RECORDS OF SAID COUNTY, |
|
|
SAID 97.704 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND |
|
|
BOUNDS AS FOLLOWS: |
|
|
BEGINNING at a 1/2 inch iron rod found for the east corner of this |
|
|
tract on the northwest line of the Isaac Jones Survey, A-23, and of |
|
|
the Ferris Company residue of a 238.19 acre tract recorded in Volume |
|
|
184, Page 873 of the deed records of said county, same being the |
|
|
south corner of the West Texas Resort Company 100.097 acre tract |
|
|
described in Clerk's File No. 00-8617, Page 22122 of said official |
|
|
records and being the lower east corner of said 419.014 acre tract; |
|
|
THENCE: S 52° 28' W 1402.99 Ft., with said northwest lines and the |
|
|
lower southeast line of said 419.014 acres, to a concrete monument |
|
|
found for an exterior corner of this and of said 419.014 acres, same |
|
|
being the west corner of said 238.19 acres and the north corner of |
|
|
the S.M. O'Brien, et al., Trustees, 112.2433 acre tract described |
|
|
in Volume 43, Page 1274 of said official records; |
|
|
THENCE: S 52° 34' 30" W 2.39 Ft. continuing with said Isaac Jones |
|
|
northwest line and the northwest line of said 112.2433 acres, to a |
|
|
1/2 inch iron rod set for the south corner of this tract; |
|
|
THENCE: N 37° 26' W 3059.98 Ft, on a line severing said 419.014 |
|
|
acres to a 1/2 inch iron rod found for the west corner of this tract |
|
|
on the southeast line of the James W. Brown 100.0 acre tract |
|
|
recorded in Volume 183, Page 333 of said official records, same |
|
|
being on a northwest line of said 419.014 acres and the northwest |
|
|
line of a 7.070 acre 40 Ft. wide access and utility easement |
|
|
described in Exhibit "B" in deed recorded in Volume 277, Page 500 of |
|
|
said official records; |
|
|
THENCE: NORTHEASTERLY along the northwest lines of said 419.014 |
|
|
and 7.070 acre tracts, the southeast line of said Brown 100.0 acres |
|
|
and the southeast line of the Darrell L. Grein 210.619 acre tract |
|
|
recorded in Volume 188, Page 586 of said official records as |
|
|
follows: |
|
|
1. N 58° 46' E 99.57 Ft., 2. N 70° 28' E 58.54 Ft., |
|
|
3. N 70° 49' E 107.60 Ft., 4. N 73° 25' E 134.05 ft., |
|
|
5. N 14° 09' E 40.19 Ft., 6. S 75° 37' E 32.88 Ft., |
|
|
7. N 75° 50' E 34.84 Ft., 8. N 50° 29' E 49.15 Ft., |
|
|
9. N 30° 44' E 100.84 Ft., 10. N 27° 10' E 128.08 Ft. |
|
|
to a 1/2 inch iron rod found at the point of curvature of a curve to |
|
|
the right. |
|
|
THENCE: NORTHEASTERLY 195.70 Ft., continuing with said northwest |
|
|
and southeast lines, in a curve having a central angle of 25° 29' |
|
|
01", a radius of 440.00 Ft. and a long chord bearing N 39° 48' 30" E |
|
|
194.09 Ft. to a 1/2 inch iron rod found for the point of tangency of |
|
|
said curve; |
|
|
THENCE: N 52° 33' E 491.69 Ft., continuing with the southeast line of |
|
|
said 210.619 acres and the northwest lines of said 419.014 and 7.070 |
|
|
acre tracts, to a 1/2 inch iron rod set for the north corner of this |
|
|
tract; |
|
|
THENCE: S 37° 26' E on a line severing said 419.014 acres and along |
|
|
the southwest line of said West Texas Resort Co. 100.097 acres, at |
|
|
1413.82 Ft. pass a 1/2 inch iron rod found at the west corner of said |
|
|
100.097 acres and an interior corner of said 419.014 acres, in all |
|
|
3069.98 Ft. to the PLACE OF BEGINNING AND CONTAINING WITHIN THESE |
|
|
BOUNDS 97.704 ACRES OF LAND more or less; |
|
|
There is hereby reserved a 20 Foot wide utility easement southeast |
|
|
of and parallel to the southeast line of the above mentioned 40 Foot |
|
|
wide access and utility easement. |
|
|
TOGETHER WITH THE FOLLOWING ACCESS AND UTILITY EASEMENT |
|
|
Being 7.070 acres situated in the State of Texas, County of San |
|
|
Jacinto, a part of the Michael B. Manard Survey, A-36, and being a |
|
|
40 ft. wide easement over and across the called 1488.272 acre tract |
|
|
described as "Second Parcel - T85SJI-a" in Exhibit "A" in Special |
|
|
Warranty Deed to Champion Realty Corporation [Florida] as shown of |
|
|
record in Volume 22, Page 834 of the Official Public Records of San |
|
|
Jacinto County, Texas, said easement lying 20 ft. each side of the |
|
|
centerline described as follows: |
|
|
Beginning at the intersection of the centerline of Hidden Coves |
|
|
Road [a 60 ft. wide county maintained roadway described in an |
|
|
easement dated July 19, 1972, granted from Southland Paper Mills, |
|
|
Inc. to the County of San Jacinto, Texas, and recorded in Volume |
|
|
133, Page 272 of the Deed Records of San Jacinto County, Texas] with |
|
|
the centerline of an existing roadway, said point bears S 42° 01' 21" |
|
|
E 3,003.18 ft. from a concrete monument found marking the |
|
|
intersection of the north boundary line of said Champion lands with |
|
|
the west right of way line of said Hidden Coves Road; |
|
|
Thence S 67° 44' 43" W 196.20 ft. along the centerline of said |
|
|
roadway to an angle point in said centerline; |
|
|
Thence S 69° 00' 58" W 1,169.00 ft. along the centerline of said |
|
|
roadway to the P.C. of a curve in said centerline; |
|
|
Thence 714.09 ft. in a southwesterly direction along the centerline |
|
|
of said roadway in a curve to the left having a central angle of 19° |
|
|
27' 52", the radius being 2,102.00 ft. and the chord bears S 59° 17' |
|
|
02" W 710.66 ft. to the P.T. of said curve; |
|
|
Thence S 49° 33' 06" W 241.00 ft. along the centerline of said |
|
|
roadway to an angle point in said centerline; |
|
|
Thence S 62° 26' 14" W 124.01 ft. along the centerline of said |
|
|
roadway to an angle point in said centerline; |
|
|
Thence S 53° 34' 26" W 1,129.89 ft. along the centerline of said |
|
|
roadway to an angle point in said centerline; |
|
|
Thence S 52° 24' 05" W 729.59 ft. along the centerline of said |
|
|
roadway to the P.C. of a curve in said centerline; |
|
|
Thence 186.76 ft. in a southwesterly direction along the centerline |
|
|
of said roadway in a curve to the left having a central angle of 25° |
|
|
28' 41", the radius being 420.00 ft. and the chord bears S 39° 49' |
|
|
44" W 185.23 ft. to the P.T. of said curve; |
|
|
Thence S 27° 05' 24" W 129.02 ft. along the centerline of said |
|
|
roadway to an angle point in said centerline; |
|
|
Thence S 30° 46' 41" W 104.95 ft. along the centerline of said |
|
|
roadway to an angle point in said centerline; |
|
|
Thence S 50° 29' 00" W 57.15 ft. along the centerline of said roadway |
|
|
to an angle point in said centerline; |
|
|
Thence S 75° 56' 12" W 44.44 ft. along the centerline of said roadway |
|
|
to the intersection with the centerline of another existing |
|
|
roadway; |
|
|
Thence S 48° 49' 03" W 42.13 ft. along the centerline of said other |
|
|
roadway to an angle point in said centerline; |
|
|
Thence S 73° 18' 15" W 137.87 ft. along the centerline of said |
|
|
roadway to an angle point in said centerline; |
|
|
Thence S 70° 45' 57" W 107.30 ft. along the centerline of said |
|
|
roadway to an angle point in said centerline; |
|
|
Thence S 70° 26' 43" W 56.39 ft. along the centerline of said roadway |
|
|
to an angle point in said centerline; |
|
|
Thence S 58° 47' 51" W 96.51 ft. along the centerline of said roadway |
|
|
to an angle point in said centerline; |
|
|
Thence S 52° 43' 04" W 1089.21 ft. along the centerline of said |
|
|
roadway to an angle point in said centerline; |
|
|
Thence S 52° 38' 34" W 1028.63 ft. along the centerline of said |
|
|
roadway to the P.C. of a curve in said centerline; |
|
|
Thence 202.09 ft. in a southwesterly direction along the centerline |
|
|
of said roadway in a curve to the right having a central angle of 38° |
|
|
35' 47", the radius being 300.00 ft. and the chord bears S 71° 56' |
|
|
27" W 198.29 ft. to the P.T. of said curve; |
|
|
Thence N 88° 45' 39" W 97.52 ft. along the centerline of said roadway |
|
|
to the terminal point of the herein described access & utilities |
|
|
easement located on the northeast boundary line of a 135.491 acre |
|
|
tract surveyed this date out of said Champion Realty Corporation |
|
|
lands, said point bears N 23° 13' 00" W 1354.94 ft. from a concrete |
|
|
monument found marking the most southern corner of said 135.491 |
|
|
acre tract and containing within the rights of way 7.070 acres of |
|
|
land. |
|
|
TRACT 5 |
|
|
Fieldnotes to all that certain tract of land, being 74.930 acres, |
|
|
more or less, located in the Michael B. Menard Survey, Abstract No. |
|
|
36 and the John Foster Survey, Abstract No. 121, in San Jacinto |
|
|
County, Texas and being part of the called 100.00 acre tract |
|
|
described in a Deed from Champion Realty Corporation to James W. |
|
|
Brown, dated January 20, 1994 and recorded in Volume 183, Page 333 |
|
|
of the Official Public Records of San Jacinto County, Texas |
|
|
(OPRSJCT). Said 74.891 acres being more particularly described by |
|
|
metes and bounds' as follows: |
|
|
BEGINNING at a 1/2 inch iron rod found for the easternmost common |
|
|
corner of the referenced tract and a called 210.619 acre tract |
|
|
described in a Deed from Champion Realty Corporation to Darrell L. |
|
|
Grein, dated April 16, 1994 and recorded in Volume 188, page 586 |
|
|
OPRSJCT. Said corner is on the West margin of a public road known |
|
|
locally as Hidden Coves Road (a 60 foot wide county maintained |
|
|
roadway described in an easement dated July 19, 1972, granted to San |
|
|
Jacinto County by Southland Paper Mills, Inc. and recorded in |
|
|
Volume 133, Page 272 of the Deed Records of San Jacinto County, |
|
|
Texas (DRSJCT). |
|
|
THENCE in a southwesterly direction with the common lines of the |
|
|
referenced tract and the said 210.619 acre tract as follows: |
|
|
1. S 52° 50' 21" W 1851.42 feet (basis of bearings) to a 1/2 inch |
|
|
iron rod found for angle corner, |
|
|
2. S 60° 02' 41" W 355.17 feet to a 1/2 inch iron rod found for |
|
|
angle corner, |
|
|
3. S 61° 52' 14" W 245.46 feet to a 1/2 inch iron rod found for |
|
|
angle corner, |
|
|
4. S 59° 52' 24" W 809.57 feet to a 1/2 inch iron rod found for |
|
|
angle corner and |
|
|
5. S 41° 17' 21" W 253.23 feet to a 1/2 inch iron rod found on the |
|
|
West margin of a 40 foot wide access easement (easement |
|
|
described in Exhibit "C" in said Deed recorded in Volume 183, |
|
|
Page 333 OPRSJCT. |
|
|
THENCE in a southeasterly direction continuing with the common |
|
|
lines of the referenced tract and the said 210.619 acre tract and |
|
|
along the West margin of the said access easement as follows: |
|
|
1. S 30° 51' 55" E 155.08 feet to a 1/2 inch iron rod found for |
|
|
angle corner, |
|
|
2. S 22° 59' 48" E 122.02 feet to a 1/2 inch iron rod found for |
|
|
angle corner, |
|
|
3. S 27° 43' 41" E 150.69 feet to a 1/2 inch iron rod found for |
|
|
angle corner, |
|
|
4. S 20° 36' 31" E 173.64 feet to a 1/2 inch iron rod found for the |
|
|
beginning of a curve to the right; |
|
|
5. With said curve (having a radius of 332.50 feet, a central angle |
|
|
of 31° 40' 18", and a long chord of S 04° 47' 44" E 181.47 feet) 183.80 |
|
|
feet to a 1/2 inch iron rod found for the end of the said curve, |
|
|
6. S 11° 03' 29" W 222.77 feet to a 1/2 inch iron rod found for |
|
|
angle corner, |
|
|
7. S 13° 48' 30" W 83.54 feet to a 1/2 inch iron rod found for the |
|
|
beginning of a curve to the left, |
|
|
8. With the said curve (having a radius of 1230.00 feet, a central |
|
|
angle of 11° 34' 39", and a long chord of S 08° 01' 51" W 248.12 feet) |
|
|
248.54 feet to a 1/2 inch iron rod found for the end of the said |
|
|
curve, |
|
|
9. S 01° 56' 33" W 131.34 feet to a 1/2 inch iron rod found for the |
|
|
beginning of a curve to the left, |
|
|
10. With the said curve (having a radius of 265.50 feet, a central |
|
|
angle of 24° 19' 02", and a long chord of S 09° 32' 22" E 111.84 |
|
|
feet) 112.68 feet to a 1/2 inch iron rod found for the end of |
|
|
the said curve, |
|
|
11. S 21° 37' 32" E 75.15 feet to a 1/2 inch iron rod found for the |
|
|
beginning of a curve to the right, |
|
|
12. With the said curve (having a radius of 112.00 feet, a central |
|
|
angle of 41° 30' 56", and a long chord of S 01° 32' 09" E 79.39 |
|
|
feet) 81.15 feet to a 1/2 inch iron rod found for the end of |
|
|
the said curve, |
|
|
13. S 19° 24' 39" W 112.50 feet to a 1/2 inch iron rod found for |
|
|
angle corner, |
|
|
14. S 11° 28' 04" W 141.70 feet to a 1/2 inch iron rod found for |
|
|
angle corner, and |
|
|
15. S 08° 10' 52" W 90.66 feet to a 1/2 inch iron rod found for the |
|
|
most northeastern corner of a called 25.000 acre tract described in |
|
|
a Deed from Wanda Brown Barrett to Bettie B. Brown, dated August 6, |
|
|
1998 and recorded in Volume 292, Page 37 OPRSJCT; |
|
|
THENCE S 53° 33' 40" W 1630.91 feet with the Northwest line of the |
|
|
said 25.000 acre tract to a 1/2 inch iron rod found for corner in the |
|
|
most southwestern line of the referenced tract; |
|
|
THENCE N 58° 58' 32" W 928.30 feet with the common line of the |
|
|
referenced tract and a called 48.304 acre tract described in a Deed |
|
|
from Mary Jo Rousselow and Brian Lou Rousselow to Rex Luce, dated |
|
|
August 8, 2003 and recorded under Clerk's File No. 03-6074 OPRSJCT |
|
|
to a 1/2 inch iron rod found for the most westerly corner of the |
|
|
referenced tract in the fee taking line for Lake Livingston |
|
|
Reservoir (a 21.54 acre tract described as Tract S-2 in a Deed from |
|
|
Southland Paper Mills, Inc., dated June 18, 1970 and recorded in |
|
|
Volume 129, Page 382 DRSJCT, |
|
|
THENCE in a northeasterly direction with the common lines of the |
|
|
reference tract and the said 21.54 acre tract as follows: |
|
|
1. N 16° 21' 05" E 114.11 feet to a 5/8 inch iron rod found for |
|
|
angle corner, |
|
|
2. N 47° 06' 20" E 61.06 feet to a 5/8 inch iron rod found for angle |
|
|
corner, |
|
|
3. N 54° 36' 37" S 188.34 feet to a 5/8 inch iron rod found for angle |
|
|
corner, |
|
|
4. N 35° 53' 04" E 112.35 feet to a point in lake for angle corner, |
|
|
5. N 69° 17' 14" E 120.76 feet to a 1/2 inch iron rod found for angle |
|
|
corner, |
|
|
6. N 81° 23' 35" W 66.33 feet to a 1/2 inch iron rod found for angle |
|
|
corner, |
|
|
7. N 14° 35' 05" E 104.67 feet to a 1/2 inch iron rod found for angle |
|
|
corner, and |
|
|
8. N 25° 25' 51" W 139.38 feet to a point in the lake for the most |
|
|
westerly common corner of the referenced tract and a called 120.000 |
|
|
acre tract described in a Deed from Champion Realty Corporation to |
|
|
Jessie Gene Steel and wife, Cimantha Marie Steel, dated November |
|
|
23, 1992 and recorded in Volume 158, Page 320 OPRSJCT; |
|
|
THENCE in a northeasterly direction with the common lines of the |
|
|
referenced tract and the said 120.000 acre tract as follows: |
|
|
1. N 66° 55' 42" E, passing at 70.35 feet a 1-inch iron rod found |
|
|
for reference, continuing for a total distance of 576.22 feet to a |
|
|
1/2 inch iron rod found for angle corner, |
|
|
2. N 32° 00' 58" E 962.58 feet to a 1/2 inch iron rod found for |
|
|
angle corner, |
|
|
3. N 30° 08' 48" E 603.73 feet to a 1/2 inch iron rod found for angle |
|
|
corner, |
|
|
4. N 37° 40' 08" E 242.71 feet to a 1/2 inch iron rod found for angle |
|
|
corner, |
|
|
5. N 41° 16' 44" E 443.56 feet to a 1/2 inch iron rod found for angle |
|
|
corner, |
|
|
6. N 59° 51' 45" E 820.21 feet to a 1/2 inch iron rod found for angle |
|
|
corner, |
|
|
7. N 61° 50' 40" E 245.43 feet to a 1/2 inch iron rod found for angle |
|
|
corner, |
|
|
8. N 60° 02' 49" E 350.48 feet to a 1/2 inch iron rod found for angle |
|
|
corner, and |
|
|
9. N 52° 50' 21" E 1,866.02 feet to a 1/2 inch iron rod found for the |
|
|
most easterly common corner of the referenced tract and the said |
|
|
120.000 acre tract in the West margin of the said Hidden Cove Road; |
|
|
THENCE S 20° 06' 39" E 62.67 feet with the West margin of the said |
|
|
Hidden Coves Road and the most northeasterly line of the referenced |
|
|
tract to the PLACE OF BEGINNING, and containing 74.930 acres, more |
|
|
or less, of which approximately 73.130 acres are located in the said |
|
|
Menard Survey and approximately 1.80 acres are located in the said |
|
|
Foster Survey. |
|
|
TRACT 6 |
|
|
Being 130.45 acres of land, situated in the M.B. MENARD LEAGUE, |
|
|
Abstract No. 36, and the JOHN CRIPPEN LEAGUE, Abstract No. 11, |
|
|
(Isaac Jones Survey, Abstract No. 23 in conflict), all in San |
|
|
Jacinto County, Texas, and being part of a called 238.19 acre tract |
|
|
described in a Deed from W.T. Bennett, Trustee to the Farris Company |
|
|
dated June 5, 1979 and recorded in Volume 184, page 873, Deed |
|
|
Records of San Jacinto County, Texas, said 130.45 acres being more |
|
|
definitely described as follows: |
|
|
BEGINNING at the most westerly corner of said Farris Company called |
|
|
238.19 acre tract and the north corner of a called 112.2433 acre |
|
|
tract described as "Share 3" in a Partition Deed from Charles D. |
|
|
McMurrey, et al to S.M. O'Brien, et al. Trustees dated August 28, |
|
|
1984 and recorded in Volume 43, page 1274, Official Records, said |
|
|
corner being in a southeast line of a Champion International Corp. |
|
|
tract, found a 3" x 3" concrete monument for corner from which a 18" |
|
|
Catalpa bears S 56° 30' W - 34.5 feet; |
|
|
THENCE N 52° 33' 59" E, with the common boundary of said Farris |
|
|
and Champion tracts, a distance of 1443.94 feet to a 5/8" iron rod |
|
|
set for the north corner of the 130.45 acre tract herein described; |
|
|
THENCE S 60° 40' 56" E, across said Farris Company 238.19 acre |
|
|
tract, a distance of 2279.89 feet to a 5/8" iron rod set for corner |
|
|
in its southeast line and the northwest right-of-way line of U.S. |
|
|
Highway No. 190; |
|
|
THENCE southerly, with the northwest right-of-way line of U.S. |
|
|
Highway No. 190, as follows: |
|
|
(1) S 22° 12' 24" W, a distance of 885.97 to a concrete |
|
|
highway right-of-way monument found; |
|
|
(2) S 43° 46' 00" W, a distance of 215.75 to a concrete |
|
|
highway right-of-way monument found; and |
|
|
(3) S 19° 24' 51" W, a distance of 54.13 to the intersection |
|
|
of said Highway right-of-way with the Trinity River Authority Fee |
|
|
Taking line for Lake Livingston Reservoir, same being a northeast |
|
|
line of a called 229.91 acre tract described in a Deed from the |
|
|
Farris Company to Trinity River Authority of Texas dated November |
|
|
13, 1967 and recorded in Volume 107, page 263, Deed Records; |
|
|
THENCE with the Fee Taking line of said Trinity River Authority |
|
|
229.91 acres, as follows: |
|
|
(1) N 17° 56' 00" W, a distance of 165.40 feet to T.R.A. |
|
|
Point No. 27; |
|
|
(2) N 13° 21' 00" W, a distance of 212.19 feet to a 5/8" iron |
|
|
rod found for T.R.A. Point No. 26; |
|
|
(3) N 74° 17' 11" W, a distance of 337.17 feet to a 5/8" iron |
|
|
rod found for T.R.A Point No. 25; |
|
|
(4) S 60° 02' 39" E, a distance of 332.11 feet to a 5/8" iron |
|
|
rod found for T.R.A. Point No. 24; |
|
|
(5) S 09° 56' 13" E, a distance of 204.06 feet to a 5/8" iron |
|
|
rod found for T.R.A. Point No. 23; and |
|
|
(6) S 05° 07' 01" E, a distance of 283.80 feet to the |
|
|
intersection of said Fee Taking line with the northwest |
|
|
right-of-way line of U.S. Highway No. 190; |
|
|
THENCE southerly, with the northwest right-of-way line of U.S. |
|
|
Highway No. 190, as follows: |
|
|
(1) S 18° 03' 14" W, a distance of 306.90 to a concrete |
|
|
highway right-of-way monument found; and |
|
|
(2) S 05° 44' 23" E, a distance of 99.74 to the Intersection |
|
|
of said Highway right-of-way with the Trinity River Authority Fee |
|
|
Taking line for Lake Livingston Reservoir, same being a northwest |
|
|
line of said T.R.A. called 229.91 acre tract; |
|
|
THENCE with the Fee Taking line of said Trinity River Authority |
|
|
229.91 acres, as follows: |
|
|
(1) S 53° 41' 00" W, a distance of 58.44 feet to a 5/8" iron |
|
|
rod found for T.R.A. Point No. 20; |
|
|
(2) S 24° 33' 00" W, a distance of 130.18 feet to a T.R.A. |
|
|
Point No. 19; |
|
|
(3) N 44° 07' 00" E, a distance of 133.64 feet to a T.R.A. |
|
|
Point No. 18; and |
|
|
(4) N 58° 09' 00" E, a distance of 15.39 feet to the |
|
|
intersection of said Fee Taking line with the northwest |
|
|
right-of-way line of U.S. Highway No. 190; |
|
|
THENCE southerly, with the northwest right-of-way line of U.S. |
|
|
Highway No. 190, as follows: |
|
|
(1) S 05° 44' 23" E, a distance of 68.95 to a concrete |
|
|
highway right-of-way monument found; |
|
|
(2) S 11° 42' 22" W, a distance of 616.26 to a concrete |
|
|
highway right-of-way monument found; |
|
|
(3) S 03° 08' 05" E, a distance of 99.86 to a concrete |
|
|
highway right-of-way monument found; |
|
|
(4) S 08° 38' 11" W, a distance of 352.42 feet to a concrete |
|
|
highway right-of-way; and |
|
|
(5) S 11° 56' 00" W, a distance of 30.97 feet to a 5/8" iron |
|
|
rod set for the south corner of said Farris called 238.19 acre tract |
|
|
in a northeast line of Lake Livingston Subdivision according to a |
|
|
Plat of record in Volume 86, page 351, Deed Records; |
|
|
THENCE N 37° 24' 30" W, with the common boundary of said Farris |
|
|
tract and said Lake Livingston Subdivision, a distance of 1216.27 |
|
|
feet the north corner of said Subdivision and the east corner of |
|
|
said O'Brien, Trustee 112.2433 acre tract, found a 3" x 3" concrete |
|
|
monument from which a 16" Red Oak found bears S 18" W - 8.4 feet and |
|
|
a 12" Post Oak found bears N45° W - 12.8 feet; |
|
|
THENCE N 36° 53' 57" W, with the common boundary of said Farris and |
|
|
O'Brien, Trustee tracts, a distance of 2606.64 feet to the POINT OF |
|
|
BEGINNING. |
|
|
TRACT 7 |
|
|
Being 25.000 acres of land situated in the State of Texas, County of |
|
|
San Jacinto, a part of the M.B. Menard Survey, A-36, and being out |
|
|
of the called 1488.272 acre tract described as "Second Parcel - |
|
|
T85SJ1-a" in Exhibit "A" in Special Warranty Deed to Champion |
|
|
Realty Corporation [Florida] as shown of record in Volume 22, Page |
|
|
834 of the San Jacinto Official Public Records, and this 25.000 acre |
|
|
tract being more particularly described by metes and bounds as |
|
|
follows: |
|
|
Beginning at an iron rod found marking the most southern corner of a |
|
|
20.000 acre tract titled to Charles E. Williams and wife, Jean |
|
|
Williams, by deed recorded in Volume 146, Page 271 of said Official |
|
|
Public Records, said point being an exterior corner of the herein |
|
|
described 25.000 acre tract, located on the common survey line |
|
|
between said Menard Survey and the Isaac Jones Survey, A-23, same |
|
|
being the southeast line of said Champion Realty Corporation lands |
|
|
and the northwest line of lands titled to The Farris Company of |
|
|
Walker County by deed records in Volume 184, Page 873 of the San |
|
|
Jacinto County Deed Records; |
|
|
Thence S 52° 34' 12" W, along the common line between said Champion |
|
|
lands and said Farris Company lands, same being the common survey |
|
|
line between said Menard and Jones Surveys, at 424.63 ft. pass a |
|
|
concrete monument found on line, and continuing S 52° 34' 12" W, |
|
|
along the common line between said Champion and Farris Company |
|
|
lands, in all a total distance of 904.13 ft. to an iron rod set |
|
|
marking the most southern corner of the herein described 25.000 |
|
|
acre tract; |
|
|
Thence N 37° 25' 48" W 1,185.74 ft. to an iron rod set for the most |
|
|
western corner of the herein described 25.000 acre tract; |
|
|
Thence N 52° 34' 12" E 2,183.55 ft. to an iron rod set for the most |
|
|
northern corner of the herein described 25.000 acre tract located |
|
|
on the southwest right of the way line of Hidden Coves Road [a |
|
|
county maintained roadway]; |
|
|
Thence S 57° 30' 39" E 63.88 ft. along the southwest right of way |
|
|
line of said Hidden Coves Road to an iron rod set marking the most |
|
|
eastern corner of the herein described 25.000 acre tract located on |
|
|
the northwest line of a 20.000 acre titled to Robert M. Black and |
|
|
wife, M. Renae Black, by deed recorded in Volume 153, Page 469 of |
|
|
said Official Public Records; |
|
|
Thence S 52° 34' 12" W 1,511.53 ft. along the common line between the |
|
|
herein described 25.000 acre tract and said Black 20.000 acre tract |
|
|
to an iron rod found marking the most western corner of said Black |
|
|
tract and an interior corner of the herein described 25.000 acre |
|
|
tract; |
|
|
Thence S 57° 29' 05" E 612.91 ft. along the common line between the |
|
|
herein described 25.000 acre tract and said Black 20.000 acre tract |
|
|
to an iron rod found marking the west common corner between said |
|
|
Black 20.000 acre tract and another 20.000 acre tract titled to |
|
|
Charles E. Williams and wife, Jean Williams, by deed recorded in |
|
|
Volume 146, Page 271 of said Official Public Records; |
|
|
Thence S 37° 25' 48" E 550.00 ft. along the common line between the |
|
|
herein described 25.000 acre tract and said Williams 20.000 acre |
|
|
tract to the place of beginning and containing within these bounds |
|
|
25.000 acre of land. |
|
|
TRACT 8 |
|
|
Being 48.304 acres of land situated in the State of Texas, County of |
|
|
San Jacinto, a part of the Michael B. Menard Survey, A-36, and being |
|
|
out of the residue of the called 1488.272 acre tract described as |
|
|
"Second Parcel - T85SJI-a" in Exhibit "A" in Special Warranty Deed |
|
|
to Champion Realty Corporation [Florida] as shown of record in |
|
|
Volume 22, Page 834 of the Official Public Records of San Jacinto |
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County, Texas, and this 48.304 acre tract being more particularly |
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described by metes and bounds as follows: |
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Beginning at an iron rod found marking the east common corner |
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between the herein described 48.304 acre tract and a 100.00 acre |
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tract conveyed out of said Champion lands to James W. Brown by deed |
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recorded in Volume 183, Page 333 of said San Jacinto County Official |
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Public Records, located on the north right of way line of a 40 ft. |
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wide (7.070 acres) access and utilities easement described in |
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Exhibit "B" in deed to Freddy C. Palmer and wife, Carra B. Palmer, |
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recorded in Volume 277, Page 500 of said Official Public Records; |
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Thence S 15° 59' 38" W (Bearings for this survey are based on deed |
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call for the northeast line of the 135.491 acre tract described in |
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deed to Freddy C. Palmer and wife, Carra B. Palmer recorded in |
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Volume 277, Page 500 of the San Jacinto County Official Public |
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Records), at 33.51 ft. pass the centerline of said 40 ft. wide |
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access and utilities easement, at 67.02 ft. pass the south right of |
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way line of said easement and continuing S 15° 59' 38" W, in all a |
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total distance of 2,022.95 ft. to a concrete monument found for the |
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south common corner between the herein described 48.304 acre tract |
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and the 135.491 acre tract described in Exhibit "A" in deed to |
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Freddy C. Palmer and wife, Carra B. Palmer, recorded in Volume 277, |
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Page 500 of said Official Public Records, said point also being the |
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east corner of the called 1.10 acre tract described in deed to Ocie |
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B. Norman recorded in Volume 991, Page 408 of said Official Public |
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Records, and being located on the common survey line between said |
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Menard Survey and the John Crippen Survey, A-11; |
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Thence N 23° 13' 00" W, along the common line between the herein |
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described 48.304 acre tract and said Palmer 135.491 acre tract, at |
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1,322.97 ft. pass the south right of way line of said 40 ft. wide |
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access and utilities easement, at 1,354.94 ft. pass the centerline |
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of said 40 ft. wide easement, at 1,376.91 ft. pass the north right |
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of way line of said easement, and in all a total distance of |
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2,723.27 ft. to a 1/2" iron rod set for the north common corner |
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between said tracts located on the Lake Livingston Fee Take Line |
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along the east back of Rocky Creek as described as "Tract F-2" (a |
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called 21.54 acre tract) in deed to Trinity River Authority of Texas |
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recorded in Volume 129, Page 382 of the San Jacinto County Deed |
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Records; |
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Thence along said Trinity River Authority Lake Livingston Fee Take |
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Line located on the east back of said Rocky Creek as follows: |
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N 25° 00' 45" W 180.37 ft., |
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N 00° 48' 15" E 87.71 ft., |
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N 23° 54' 15" E 231.68 ft., |
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S 21° 51' 45" E 123.88 ft. and |
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S 83° 29' 45" E 71.75 ft. to a 1/2" iron rod |
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set for the northwest common corner between the herein described |
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48.304 acre tract and a said Brown 100.000 acre tract; |
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Thence S 59° 00' 13" E 1,743.66 ft. along the common line between the |
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herein described tract and said Brown 100.00 acre tract to the place |
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of beginning and containing within these bounds 48.304 acres of |
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land. |
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TRACT 9 |
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Being 47.910 acres of land situated in the State of Texas, County of |
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San Jacinto, a part of the Isaac Jones Survey, A-23 [in conflict |
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with the John Crippen Survey, A-11], and being out of the called |
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208.908 acre tract described as "Fourth Parcel - T85SJ1-c" in |
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Exhibit "A" in Special Warranty Deed to Champion Realty Corporation |
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[Florida] as shown of record in Volume 22, Page 834 of the Official |
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Public Records of San Jacinto County, Texas, and this 47.910 acre |
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tract being more particularly described by metes and bounds as |
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follows: |
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Beginning at a 3"x3" concrete monument found for the south common |
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corner between said Champion Realty Corporation tract and a called |
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1.49 acre tract described in deed to Dungan, Ltd. recorded in Volume |
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248, Page 36 of said Official Public Records, located on the |
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northwest line of the called 2 acre tract described as "Exception" |
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in deed to Houston Baptist University recorded in Volume 200, Page |
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561 of said Deed Records; |
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Thence N 35° 35' 58" W (Bearings for this survey are based on the |
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8.004 acre tract described in deed to Randle McLarrin recorded in |
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Volume 125, Page 569 of the San Jacinto County Official Public |
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Records); along the west line of said Champion Realty tract, common |
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in part with the east lines of said Dungan, Ltd. called 1.49 acre |
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tract, a called 14.159 acre tract described as "Second Tract" in |
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deed to Cynthia P. Pira recorded in Volume 148, Page 334 of said |
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Official Public Records and a called 24.99 acre tract described as |
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"Seventh Tract" in Partition Deed to Dentigue Butler recorded in |
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Volume 24, Page 358 of said Official Public Records, at 1,663 ft. |
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cross the centerline of a county maintained roadway, and in all a |
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total distance of 2,498.16 ft. to a 1/2" iron rod found for the most |
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northern corner of the herein described 47.910 acre tract located |
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on the southwest right-of-way line of said F.M. Highway No. 980 |
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described in the 15.298 acre Right-of-Way Easement to the State of |
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Texas recorded in Volume 120, Page 105 of the San Jacinto County |
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Deed Records; |
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Thence in a southeasterly direction along the southwest |
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right-of-way line of said F.M. Highway No. 980, at 943 ft. cross the |
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centerline of said county maintained roadway, and in all a total arc |
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length of 1,035.38 ft. in a curve to the left having a central angle |
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of 49° 11' 35", the radius being 1,205.92 ft. and the chord bears S |
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67° 46' 08" E 1,003.87 ft. to a 1/2" iron rod found marking the P.T. |
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of said curve; |
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Thence N 87° 38' 05" E 265.59 ft. along the southwest right-of-way |
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line of said F.M. Highway No. 980 to a 1/2" iron rod found marking |
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the P.C. of a curve in said right of way, from said point a concrete |
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right of way monument found bears N 53° 23' E 1.16 ft; |
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Thence 286.24 ft. in a southeasterly direction along the southwest |
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right-of-way line of said F.M. Highway No. 980 in a curve to the |
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right having a central angle of 11° 57' 00", the radius being |
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1,372.40 ft. and the chord bears S 86° 23' 25" E 285.72 ft. to a 1/2" |
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iron rod found marking the P.T. of said curve; |
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Thence S 80° 24' 55" E 826.67 ft. along the southwest right-of-way |
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line of said F.M. Highway No. 980 to a concrete right of way |
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monument found marking the P.C. of a curve in said right of way; |
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Thence 233.86 ft. in a southeasterly direction along the southwest |
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right-of-way line of said F.M. Highway No. 980 in a curve to the |
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right having a central angle of 07° 14' 36", the radius being |
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1,849.86 ft. and the chord bears S 76° 47' 37" E 233.70 ft. to a 1/2" |
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iron rod set for the north common corner between the herein |
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described 47.910 acre tract and a 10.000 acre tract surveyed this |
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date out of said Champion Realty Corporation tract; |
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Thence S 27° 50' 40" W 1,270.51 ft. along the common line between the |
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herein described 47.910 acre tract and said 10.000 acre tract to a |
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1/2" iron rod set for the south common corner between said tracts |
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located on the common line between said Champion Realty Corporation |
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tract and the called 18 acre tract described as "Tract 2" in deed to |
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Houston Baptist University recorded in Volume 200, Page 561 of said |
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Deed Records; |
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Thence S 55° 11' 56" W 578.19 ft. along the southeast line of said |
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Champion Realty tract, common in part with the northwest lines of |
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said Houston Baptist University called 18 acre tract and said |
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called 2 acre tract described as "Exception" in said deed to Houston |
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Baptist University recorded in Volume 200, Page 561 of said Deed |
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Records, to the place of beginning and containing within these |
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bounds 47.910 acres of land. |
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TRACT 10 |
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Being 120.000 acres of land situated in the State of Texas, County |
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of San Jacinto, 117.017 acres being a part of the Michael B. Menard |
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Survey, A-36, and being out of the called 1488.272 acre tract |
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described as "Second Parcel - T85SJ1-a" in Exhibit "A" in Special |
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Warranty Deed to Champion Realty Corporation [Florida] as shown of |
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record in Volume 22, Page 834 of the Official Public Records of San |
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Jacinto County, Texas, and 2.983 acres being a part of the John |
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Foster Survey, A-121, and being out of the called 17.486 acre tract |
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described as "Fifth Parcel - T85SJ1-d" in Exhibit "A" in said |
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Special Warranty Deed, and this 120.000 acre tract being more |
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particularly described by metes and bounds as follows: |
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Beginning at an iron rod found marking the intersection of the |
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northwest line of said Champion Realty Corporation [Florida] lands |
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with the Trinity River authority Lake Livingston Fee Take Line |
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located on the east bank of Rocky Creek, said point being the most |
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western corner of the herein described 120.000 acre tract; |
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Thence N 66° 00' 15" E 462.78 ft. along the northwest boundary line |
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of said Champion lands to a concrete monument found marking an |
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interior corner of said Champion lands; |
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Thence N 22° 55' 42" W 553.69 ft. along the boundary line said |
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Champion lands to a concrete monument found marking an exterior |
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corner of said tract; |
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Thence N 66 ° 55' 42" E 2,597.73 ft. along the northwest boundary |
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line of said Champion lands to a concrete monument found marking an |
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interior corner of said tract; |
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Thence S 22° 14' 44" E 1,219.49 ft. to an iron rod set marking an |
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interior corner of the herein described 120.000 acre tract; |
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Thence N 37° 40' 08" E 138.68 ft. to an iron rod set for corner; |
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Thence N 41° 16' 44" E, at 250.29 ft. pass the centerline of a 40 ft. |
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wide access easement over and across said Champion lands, and |
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continuing N 41° 16' 44" E, in all a total distance of 461.12 ft. to |
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an iron rod set for corner; |
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Thence N 59° 51' 45" E 836.50 ft. to an iron rod set for corner; |
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Thence N 61° 50' 40" E 245.58 ft. to an iron rod set for corner; |
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Thence N 60° 02' 49" E 343.40 ft. to an iron rod set for corner; |
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Thence N 52° 50' 21" E 1,887.95 ft. to an iron rod set the most |
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northern corner of the herein described 120.000 acre tract located |
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on the west right of way line of Hidden Coves Road [a 60 ft. wide |
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county maintained roadway described in easement dated July 19, |
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1972, granted from Southland Paper Mills, Inc. to the County of San |
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Jacinto, Texas and recorded in Volume 133, Page 272 of the Deed |
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Records of said San Jacinto County]; |
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Thence S 20° 06' 39" E 94.14 ft. along the west right of way line of |
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said Hidden Coves Road to an iron rod set marking the most eastern |
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corner of the herein described 120.000 acre tract; |
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Thence S 52° 50' 21" W 1,866.02 ft. to an iron rod set for corner; |
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Thence S 60° 02' 49" W 350.48 ft. to an iron rod set for corner; |
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Thence S 61° 50' 40" W 245.43 ft. to an iron rod set for corner; |
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Thence S 59° 51' 45" W 820.21 ft. to an iron rod set for corner; |
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Thence S 41° 16' 44" W, at 222.70 ft. pass the centerline of a 40 ft. |
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wide access easement over and across said Champion lands, and |
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continuing S 41° 16' 44" W, in all a total distance of 443.56 ft. to |
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an iron rod set for corner; |
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Thence S 37° 40' 08" W 242.71 ft. to an iron rod set for corner; |
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Thence S 30° 08' 48" W 603.73 ft. to an iron rod set for corner; |
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Thence S 32° 00' 58" W 962.58 ft. to an iron rod set for corner; |
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Thence S 66° 55' 42" W 576.22 ft. to an iron rod set for the most |
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southern corner of the herein described 120.000 acre tract located |
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on said Trinity River Authority Lake Livingston Fee Take Line along |
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the east bank of Rocky Creek; |
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Thence along said Trinity River Authority Lake Livingston Fee Take |
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Line located on east bank of said Rocky Creek as follows: |
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N 25° 26' 45" W 48.70 ft., |
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N 44° 58' 45" W 225.95 ft., |
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N 52° 21' 45" W 192.26 ft., |
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N 29° 53' 45" W 121.04 ft., |
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N 36° 28' 15" E 187.39 ft., |
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N 27° 00' 45" W 69.76 ft., |
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N 45° 04' 15" E 133.40 ft., |
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S 67° 45' 15" W 152.85 ft., |
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S 10° 46' 45" E 119.15 ft., |
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S 62° 15' 15" W 103.97 ft., |
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N 46° 27' 45" W 104.39 ft., |
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N 68° 25' 45" W 154.60 ft., |
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N 14° 14' 45" W 59.00 ft., |
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S 61° 20' 15" W 61.46 ft., |
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N 87° 42' 45" W 94.94 ft., |
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N 26° 55' 45" W 66.61 ft., |
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S 21° 12' 15" W 66.76 ft., |
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N 77° 57' 45" W 156.65 ft., |
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N 62° 35' 45" W 220.37 ft., |
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N 07° 44' 15" E 136.84 ft., |
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S 52° 47' 15" W 113.69 ft., |
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N 50° 39' 45" W 201.89 ft., |
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S 70° 42' 15" W 93.55 ft., |
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N 69° 56' 45" W 122.22 ft. and |
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N 33° 57' 45" W 131.45 ft. to the place |
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of beginning and containing with these bounds 120.000 acres of |
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land. |
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There is reserved over the above described 120.000 acre tract an |
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access roadway easement being 40 ft. in width and lying 20 ft. each |
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side of the centerline described as follows: |
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Beginning at the intersection of the southeast line of said 120.000 |
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acre tract with the centerline of the herein described 40 ft. wide |
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easement, said point bears S 41° 16' 44" W 222.70 ft. from an iron |
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rod marking an interior corner of said 120.000 acre tract; |
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Thence N 23° 05' 53" W 49.12 ft. and N 42° 02' 29" W 46.02 ft. along |
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the centerline of the herein described easement to its terminal |
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|
point at the intersection of said centerline with the north line of |
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said 120.000 acre tract, said point bears N 41° 16' 44" E 250.29 ft. |
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from an iron rod marking an exterior corner of said 120.000 acre |
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tract and containing within the rights of way 0.087 acre of land. |
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TRACT 11 |
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Being 210.598 acres of land situated in the State of Texas, County |
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of San Jacinto, 194.798 acres being a part of the Michael B. Menard |
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Survey, A-36, and 15.799 acres being a part of the John Foster |
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Survey, A-120, and being the same land described in Special |
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Warranty Deed to Darrell L. Grein recorded in Volume 188, Page 586 |
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of the Official Public Records of San Jacinto County, Texas, and |
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this 210.598 acre tract being more particularly described by metes |
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and bounds as follows: |
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Beginning at an iron rod found marking the east common corner |
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between said Grein called 210.619 acres and the called 74.981 acres |
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|
described in deed to APMI Athens Limited Partnership recorded under |
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Clerk's File No. 06-3039, Page 13107 of said Official Public |
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|
Records, said point being located on the west right of way line of |
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|
Hidden Coves Road [a 60 ft. wide county maintained roadway |
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|
described in easement dated July 19, 1972, granted from Southland |
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Paper Mills, Inc. to the County of San Jacinto, Texas, and recorded |
|
|
in Volume 133, Page 272 of the Deed Records of said San Jacinto |
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County]; |
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Thence S 20° 06' 39" E 48.63 ft. along the east line of said Grein |
|
|
tract, same being the west right of way line of said Hidden Coves |
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Road, to a 1/2" iron rod set for corner; |
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|
Thence S 04° 26' 43" E 1,256.06 ft. along the east line of said |
|
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Grein tract, same being the west right of way line of said Hidden |
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Coves Road to a 3/8" iron rod found for corner; |
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|
Thence S 70° 40' 25" E 682.54 ft. along the east line of said Grein |
|
|
tract, same being the west right of way line of said Hidden Coves |
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Road, to a concrete monument found for corner; |
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Thence S 66° 37' 05" E 1,199.46 ft. along the east line of said |
|
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Grein tract, same being the west right of way line of said Hidden |
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Coves Road to a 1/2" iron rod set for the most eastern corner of the |
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herein described 210.598 acre tract and the most northern corner of |
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the 10.00 acres described in deed to Mark A. Budzise and Samuel M. |
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Borcato recorded under Clerk's File No. 03-3823, Page 16195, |
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located at the intersection of the west right of way line of said |
|
|
Hidden Coves Road with the northwest right of way line of a 40 ft. |
|
|
wide non-exclusive access and utility easement for ingress and |
|
|
egress described in said Grein deed (said easement also described |
|
|
in instruments recorded in Volume 183, Page 333 and Volume 277, Page |
|
|
500 of said Official Public Records); |
|
|
Thence S 67° 35' 00" W 134.10 ft. along the southeast line of said |
|
|
Grein tract and the northwest line of said Budzise and Brocato 10.00 |
|
|
acres, same being the northwest right of way line of said 40 ft. |
|
|
wide easement, to a 1/2" iron rod found marking an angle point in |
|
|
said common line; |
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|
Thence S 69° 01' 27" W 1,168.83 ft. along the southeast line of said |
|
|
Grein tract, same being the northwest right of way line of a 40 ft. |
|
|
wide easement, common in part with the northwest lines of said |
|
|
Budzise and Brocato 10.00 acres and the 29.933 acres described in |
|
|
deed to Mark A. Budzise recorded under Clerk's File No. 06-4096, |
|
|
Page 17393 of said Official Public Records, to a 1/2" iron rod found |
|
|
marking the P.C. of a curve in said right of way line; |
|
|
Thence 720.97 ft. in a southwesterly direction along the southeast |
|
|
line of said Grein tract, same being the northwest right of way line |
|
|
of a 40 ft. wide easement, common in part with |
|
|
the northwest lines of said Budzise 29.933 acres and the 64.122 |
|
|
acres described in deed to Carlo Mazzella and wife, Glenda |
|
|
Mazzella, recorded under Clerk's File No. 02-5952, Page 25245 of |
|
|
said Official Public Records, in a curve to the left having a |
|
|
central angle of 19° 28' 00", the radius being 2,122.00 ft. and the |
|
|
chord bears S 59° 17' 27" W 717.50 ft. to a 1/2" iron rod found |
|
|
marking the P.T. of said curve; |
|
|
Thence S 49° 33' 27" W 238.78 ft. along the common line between said |
|
|
Grein and Mazzella tracts, same being the northwest right of way |
|
|
line of said 40 ft. wide easement, to a 1/2" iron rod found marking |
|
|
an angle point in said line; |
|
|
Thence S 62° 21' 47" W 123.62 ft. along the common line between said |
|
|
Grein and Mazzella tracts, same being the northwest right of way |
|
|
line of said 40 ft. wide easement, to a 1/2" iron rod found marking |
|
|
an angle point in said line; |
|
|
Thence S 53° 34' 27" W 1,131.33 ft. along the common line between |
|
|
said Grein and Mazzella tracts, same being the northwest right of |
|
|
way line of said 40 ft. wide easement, to a 1/2" iron rod found |
|
|
marking an angle point in said line; |
|
|
Thence S 52° 34' 52" W, along the common line between said Grein and |
|
|
Mazzella tracts, same being the northwest right of way line of said |
|
|
40 ft. wide easement, at 238.63 ft. pass a 1/2" iron rod found |
|
|
marking the northwest common corner between said Mazzella tract and |
|
|
the 97.731 acres described in deed to APMI Athens Limited |
|
|
Partnership recorded under Clerk's File No. 07-2588, Page 10948 of |
|
|
said Official Public Records, and continuing along the common line |
|
|
between said Grein and APMI Athens Limited Partnership tract, in |
|
|
all a total distance of 729.99 ft. to a 1/2" iron rod found marking |
|
|
the P.C. of a curve; |
|
|
Thence 195.84 ft. in a southwesterly direction along the common |
|
|
line between said Grein and APMI Athens Limited Partnership tract, |
|
|
same being the northwest right of way line of said 40 ft. wide |
|
|
easement, in a curve to the left having a central angle of 25° 30' |
|
|
07", the radius being 440.00 ft. and the chord bears S 39° 49' 48" W |
|
|
194.23 ft. to a 1/2" iron rod found marking the P.T. of said curve; |
|
|
Thence S 27° 06' 11" W 128.38 ft. along the common line between said |
|
|
Grein and APMI Athens Limited Partnership tract, same being the |
|
|
northwest right of way line of said 40 ft. wide easement, to a 1/2" |
|
|
iron rod found marking an angle point in said line; |
|
|
Thence S 30° 47' 28" W 100.83 ft. along the common line between said |
|
|
Grein and APMI Athens Limited Partnership tract, same being the |
|
|
northwest right of way line of said 40 ft. wide easement, to a 1/2" |
|
|
iron rod found marking an angle point in said line; |
|
|
Thence S 50° 23' 48" W 49.15 ft. along the common line between said |
|
|
Grein and APMI Athens Limited Partnership tract, same being the |
|
|
northwest right of way line of said 40 ft. wide easement, to a 1/2" |
|
|
iron rod found marking an angle point in said line; |
|
|
Thence S 76° 04' 14" W 34.85 ft. along the common line between said |
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Grein and APMI Athens Limited Partnership tract, same being the |
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northwest right of way line of said 40 ft. wide easement, to a 1/2" |
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iron rod found marking an angle point in said line; |
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|
Thence N 75° 22' 58" W 32.67 ft. along the common line between said |
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Grein and APMI Athens Limited Partnership tract, same being the |
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northwest right of way line of said 40 ft. wide easement, to a 1/2" |
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|
iron rod found marking an angle point in said line; |
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|
Thence S 14° 37' 02" W 40.00 ft. along the common line between said |
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Grein and APMI Athens Limited Partnership tract, over and across |
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said 40 ft. wide easement, to a 1/2" iron |
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rod found marking a common corner between said Grein tract, said |
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APMI Athens Limited Partnership 97.731 acre tract and the 25.00 |
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acre tract described in deed to APMI Athens Limited Partnership |
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recorded under Clerk's File No. 06-3040, Page 13118 of said |
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Official Public Records, located on the west right of way line of |
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said 40 ft. wide easement, said point being the most southern corner |
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of the herein described 210.598 acre tract; |
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Thence along the common line between said Grein tract and said APMI |
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|
Athens Limited Partnership 25.000 acre tract, same being the west |
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|
right of way line of said 40 ft. wide easement, as follows: |
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1. N 75° 33' 58" W 75.87 ft. to a 1/2" iron rod found for corner; |
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2. N 80° 28' 19" W 90.22 ft. to a 1/2" iron rod found for corner; |
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3. S 84° 38' 07" W 56.88 ft. to a 1/2" iron rod found marking the |
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P.C. of a curve; |
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4. 84.67 ft. in a northwesterly direction in a curve to the right |
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|
having a central angle of 61° 23' 34", the radius being 79.02 |
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ft. and the chord bears N 64° 46' 27" W 80.68 ft. to a 1/2" iron |
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rod found marking the P.T. of said curve; |
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5. N 34° 05' 08" W 249.87 ft. to a 1/2" iron rod found for corner; |
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6. N 29° 00' 00" W 121.63 ft. to a 1/2" iron rod found marking the |
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P.C. of a curve; |
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7. 60.06 ft. in a northwesterly direction, in a curve to the left |
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|
having a central angle of 15° 38' 32", the |
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radius being 220.00 ft. and the chord bears N |
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|
36° 54' 27" W 59.88 ft. to an iron rod found |
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|
marking the P.T. of said curve; |
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|
8. N 44° 35' 11" W 93.35 ft. to a 1/2" iron rod found marking the |
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|
P.C. of a curve; |
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|
9. 100.26 ft. in a northerly direction, in a curve to the right |
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|
having a central angle of 52° 50' 54", the radius being 108.70 |
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|
ft. and the chord bears N 18° 16' 44" W 96.75 ft. to a 1/2" iron |
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rod set marking the P.T. of said curve, said point also being |
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the east common corner between said APMI Athens Limited |
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|
Partnership 25.000 acres and the 74.981 acres described in deed |
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to APMI Athens Limited Partnership recorded under Clerk's File |
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|
No. 06-3039, Page 13107 of said Official Public Records; |
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|
Thence along the common line between said Grein tract and said APMI |
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|
Athens Limited Partnership 74.981 acre tract, same being the west |
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|
right of way line of said 40 ft. wide easement, as follows: |
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|
1. N 08° 10' 52" E 90.66 ft. to a 1 /2" iron rod found for corner; |
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|
2. N 11° 28' 04" E 141.70 ft. to a 1 /2" iron rod found for corner; |
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|
3. N 19° 24' 39" E 112.50 ft. to a 1 /2" iron rod found marking the |
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|
P.C. of a curve; |
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|
4. 81.15 ft. in a northerly direction, in a curve to the left |
|
|
having a central angle of 41° 30' 56", the radius being 112.00 |
|
|
ft. and the chord bears N 01° 32' 09" W 79.39 ft. to a 1 /2" iron |
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|
rod found marking the P.T. of said curve; |
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|
5. N 21° 37' 32" W 75.15 ft. to a 1 /2" iron rod found marking the |
|
|
P.C. of a curve; |
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|
6. 112.68 ft. in a northerly direction, in a curve to the right |
|
|
having a central angle of 24° 19' 02", the radius being 265.50 |
|
|
ft. and the chord bears N 09° 32' 22" W 111.84 ft. to a 1 /2" iron |
|
|
rod found marking the P.T. of said curve; |
|
|
7. N 01° 56' 33" E 131.34 ft. to a 1 /2" iron rod found marking the |
|
|
P.C. of a curve; |
|
|
8. 248.54 ft. in a northerly direction, in a curve to the right |
|
|
having a central angle of 11° 34' 39", the radius being 1,230.00 |
|
|
ft. and the chord bears N 08° 01' 51" E 248.12 ft. to a 1 /2" iron |
|
|
rod found marking the P.T. of said curve; |
|
|
9. N 13° 48' 30" E 83.54 ft. to a 1 /2" iron rod found for corner; |
|
|
10. N 11° 03' 29" E 222.77 ft. to a 1 /2" iron rod found marking the |
|
|
P.C. of a curve; |
|
|
11. 183.80 ft. in a northerly direction, in a curve to the left |
|
|
having a central angle of 31° 40' 18", the radius being 332.50 |
|
|
ft. and the chord bears N 04° 47' 44" W 181.47 ft. to a 1 /2" iron |
|
|
rod found marking the P.T. of said curve; |
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|
12. N 20° 36' 31" W 173.64 ft. to a 1 /2" iron rod found for corner; |
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|
13. N 27° 43' 41" W 150.69 ft. to a 1 /2" iron rod found for corner; |
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|
14. N 22° 59' 48" W 122.02 ft. to a 1 /2" iron rod found for corner; |
|
|
15. N 30° 51' 55" W 155.08 ft. to a 1 /2" iron rod found marking the |
|
|
northwest corner of the herein described |
|
|
210.598 acre tract; |
|
|
16. N 41° 17' 21" E, at 42.03 ft. pass the east right of way line of |
|
|
said 40 ft. wide easement, and continuing N 41° 17' 21" E, along |
|
|
said common line, in all a total distance of 253.23 ft. to a |
|
|
1/2" iron rod found for corner; |
|
|
17. N 59° 52' 24" E 809.57 ft. to a 1 /2" iron rod found for corner; |
|
|
18. N 61° 52' 14" E 245.46 ft. to a 1 /2" iron rod found for corner; |
|
|
19. N 60° 02' 41" E 355.17 ft. to a 1 /2" iron rod found for corner; |
|
|
20. N 52° 50' 21" E 1,851.42 ft. to the place of beginning and |
|
|
containing within these bounds 210.599 acres |
|
|
of land. |
|
|
Bearings for this survey are based on deed call for the most |
|
|
northerly northwest line of the called 210.619 acres described in |
|
|
deed to Darrell L. Grein recorded in Volume 188, Page 586 of the |
|
|
Official Public Records of San Jacinto County, Texas. |
|
|
SECTION 3. (a) The legal notice of the intention to |
|
|
introduce this Act, setting forth the general substance of this |
|
|
Act, has been published as provided by law, and the notice and a |
|
|
copy of this Act have been furnished to all persons, agencies, |
|
|
officials, or entities to which they are required to be furnished |
|
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
|
Government Code. |
|
|
(b) The governor, one of the required recipients, has |
|
|
submitted the notice and Act to the Texas Commission on |
|
|
Environmental Quality. |
|
|
(c) The Texas Commission on Environmental Quality has filed |
|
|
its recommendations relating to this Act with the governor, the |
|
|
lieutenant governor, and the speaker of the house of |
|
|
representatives within the required time. |
|
|
(d) All requirements of the constitution and laws of this |
|
|
state and the rules and procedures of the legislature with respect |
|
|
to the notice, introduction, and passage of this Act are fulfilled |
|
|
and accomplished. |
|
|
SECTION 4. 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, 2009. |
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| |
| |
| |
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______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
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|
I hereby certify that S.B. No. 2518 passed the Senate on |
|
|
May 7, 2009, by the following vote: Yeas 31, Nays 0. |
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| |
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______________________________ |
| |
Secretary of the Senate |
| |
|
|
I hereby certify that S.B. No. 2518 passed the House on |
|
|
May 26, 2009, by the following vote: Yeas 146, Nays 0, one |
|
|
present not voting. |
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| |
| |
______________________________ |
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Chief Clerk of the House |
| |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |