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AN ACT
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relating to the creation of the Montgomery County Municipal Utility |
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District No. 137; granting a limited power of eminent domain; |
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providing authority to issue bonds; providing authority to impose |
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assessments, fees, and taxes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 8421 to read as follows: |
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CHAPTER 8421. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 137 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8421.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(3) "Director" means a board member. |
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(4) "District" means the Montgomery County Municipal |
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Utility District No. 137. |
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Sec. 8421.002. 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. 8421.003. 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. 8421.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 8421.003 |
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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. 8421.005. 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. 8421.006. 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 enacting this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act enacting this chapter form a closure. A mistake made in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for the purposes |
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for which the district is created or to pay the principal of and |
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interest on a bond; |
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(3) right to impose a tax; or |
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(4) legality or operation. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8421.051. 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 8421.052, directors serve |
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staggered four-year terms. |
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Sec. 8421.052. TEMPORARY DIRECTORS. (a) The temporary |
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board consists of: |
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(1) Deborah Hamilton Arterburn; |
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(2) Christina Eliasha Cole; |
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(3) Jared Sean Fargo; |
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(4) Aimee Ordeneaux Raley; and |
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(5) Robert Wempe. |
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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 8421.003; or |
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(2) the fourth anniversary of the effective date of |
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the Act enacting this chapter. |
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(c) If permanent directors have not been elected under |
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Section 8421.003 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 8421.003; 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 commission requesting that the |
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commission appoint as successor temporary directors the five |
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persons named in the petition. The commission shall appoint as |
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successor temporary directors the five persons named in the |
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petition. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8421.101. 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. 8421.102. 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. 8421.103. 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. 8421.104. 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, zoning and |
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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. 8421.105. 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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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8421.151. 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 8421.153. |
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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. 8421.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8421.151, 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. 8421.153. 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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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 8421.201. 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. 8421.202. 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. 8421.203. 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 Montgomery County Municipal Utility District |
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No. 137 initially includes all the territory contained in the |
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following area: |
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A METES AND BOUNDS description of a 500.9 acre tract of land |
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situated in the Joseph Miller Survey, Abstract No. 27 and the James |
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Brown Survey, Abstract No. 78 of Montgomery County, Texas; being |
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all of Tracts 1 through 7 conveyed to Venton L. Doughtie, Jr., by |
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Deed, as filed for record under Volume 724, Page 836 of the |
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Montgomery County Deed Records; said 500.9 acre tract being more |
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particularly described as follows with all bearings being based on |
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the Texas Coordinate System, Central Zone, NAD 83: |
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BEGINNING at the northwest corner of said Tract 7 in the south |
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line of a called 20 acre tract conveyed to J.J. Hubenak and wife, |
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Shirley Fay Hubenak by Warranty Deed with Vendor's Lien as file for |
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record under Volume 597, Page 165 of the Montgomery County Deed |
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Records and being the northeast corner of a called 16.92 acre tract |
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conveyed to Gale Philip Clee by General Warranty Deed as filed for |
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record under Volume 677, Page 914 of the Montgomery County Deed |
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Records; |
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THENCE, North 87°57'51" East, 1375.35 feet along the north |
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line of said Tract 7 to a found 1/2-inch iron rod in asphalt for the |
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northeast corner of said Tract 7; |
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THENCE, South 01°02'09" East, 570.46 feet along the east line |
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of said Tract 7 and the west right-of-way of Dry Creek Road to a set |
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5/8-inch iron rod (with cap stamped "Cotton Surveying") in the |
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south right of Standard Road (width varies) as filed for record |
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under Clerk's File No. 8534576 of the Montgomery County Official |
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Public Records of Real Property; |
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THENCE, in a northeast direction, along the south |
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right-of-way of said Standard Road, with the arc of a curve to the |
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right, having a radius of 3037.94 feet, a central angle of |
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04°48'54", an arc length of 255.30 feet, and a chord bearing North |
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87°29'06" East,, 255.23 feet to a set 5/8-inch iron rod (with cap |
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stamped "Cotton Surveying"); |
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THENCE, North 89°53'33" East, 1694.22 feet continuing along |
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the south right-of-way of said Standard Road to a set 5/8-inch iron |
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rod (with cap stamped "Cotton Surveying"), from which a found |
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5/8-inch iron rod bears North 05°27'48" East, 2.82 feet; |
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THENCE, in a northeast direction, with the arc of a curve to |
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the left, having a radius of 882.88 feet, a central angle of |
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06°42'29", an arc length of 103.37 feet, and a chord bearing North |
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86°32'18" East, 103.31 feet to a found 5/8-inch iron rod for the |
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northwest corner of a called 1.022 acre tract conveyed to Randy Dale |
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Ware by Warranty Deed as filed for record under Clerk's File No. |
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2010098867 of the Montgomery County Official Public Records of Real |
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Property and being the northwest corner of Springwood Estates, |
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Section 1 (unrecorded); |
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THENCE, South 02°00'53" East, along the west line of said |
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Springwood Estates, Section 1, at 766.49 feet passing a found |
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5/8-inch iron rod for the northwest corner of a called 2.003 acre |
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tract conveyed to Michael G. Meek and wife Diana Meek as filed for |
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record under Volume 1113, Page 176 of Montgomery County Deed |
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Records, at 934.83 feet passing a 1 1/2-inch iron pipe for the |
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northwest corner of a tract containing all of Lot 7 and a part of |
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Lot 8 conveyed to Robert Barton and wife Amy L. Barton by Warranty |
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Deed with Vendor's Lien as filed for record under Clerk's File No. |
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9515955 of the Montgomery County Official Public Records of Real |
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Property, at 1137.52 feet passing a found 1 1/2-inch iron pipe, at |
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1137.89 feet. 0.13 feet right passing a found 5/8-inch iron rod, at |
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1508.84 feet passing a found 5/8-inch iron rod for the northwest |
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corner of a called 2.1501 acre tract conveyed to Donald R. Midkiff |
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and wife Shirley Midkiff by Warranty Deed as filed for record under |
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Volume 1115, Page 125 of the Montgomery County Deed Records, |
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continuing for a total distance of 1688.79 feet to a found concrete |
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monument for the southwest corner of said 2.1501 acre tract, the |
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southwest corner of said Springwood Estates, Section1, in the north |
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line of Lot 26 of Springwood Estates, Section 2 conveyed to Shelly |
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Huckaby by Warranty Deed as filed for record under Clerk's File No. |
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2006-023346 of the Montgomery County Official Public Records of |
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Real Property; |
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THENCE, South 87°37'23" West, along the north line of said |
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Springwood Estates, Section 2, at 100.09 feet passing a found |
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5/8-inch iron rod for the northwest corner of said Lot 26 and the |
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northeast corner of a called 1.8499 acre tract conveyed to Bradley |
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A. Johnson by Warranty Deed as filed for record under Clerk's File |
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No. 9634196 of the Montgomery County Official Public Records of |
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Real Property, at 394.78 feet, 0.30 feet left passing a found |
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5/8-inch iron rod and continuing for a total distance of 588.38 feet |
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to a set 5/8-inch iron rod (with cap stamped "Cotton Surveying") |
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from which a found nail (bent) bears North 25°40' West, 2.87 feet and |
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a found Axle for the northwest corner of said Tract 4 bears South |
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87°37'23" West, 602.52 feet; |
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THENCE, South 03°18'25" East, along the west line of said |
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Springwood Estates Section 2, at 143.55 feet passing a found |
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5/8-inch iron rod for the northwest corner of a called 2.8114 acre |
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tract conveyed to Michael W. Allen and wife Kathy Allen by General |
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Warranty Deed with Vendor's Lien as filed for record under Clerk's |
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File No. 2001-101668 of the Montgomery County Official Public |
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Records of Real Property, at 617.85 feet, 0.62 feet left passing a |
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found 5/8-inch iron rod, at 818.78 feet passing a found 5/8-inch |
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iron rod for the northwest corner of a called 3.4 acre tract |
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conveyed to Donald Midkiff and wife Shirley Midkiff by Warranty |
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Deed as file for record under Clerk's File No. 99011347 of the |
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Montgomery County Official Public Records of Real Property, at |
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1058.51 feet, 0.28 feet left passing a found 5/8-inch iron rod, at |
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1499.73 feet passing a found 5/8-inch iron rod for the northwest |
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corner of a called 1.0500 acre tract conveyed to Montgomery County, |
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Texas by Warranty Deed as file for record under Clerk's File No. |
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9569816 of the Montgomery County Official Public Records of Real |
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Property, and continuing for a total distance of 2035.72 feet to a |
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point in the centerline of Spring Creek; |
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THENCE, along the meanders of the centerline of Spring Creek |
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the following courses and distances: |
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1. South 64°37'47" West, 45.82 feet to a point; |
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2. South 20°42'36" West, 107.16 feet to a point; |
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3. South 60°34'50" West, 52.22 feet to a point; |
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4. South 86°56'10" West, 153.14 feet to a point; |
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5. North 46°17'30" West, 172.35 feet to a point; |
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6. North 84°29'19" West, 113.48 feet to a point; |
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7. South 75°36'55" West, 69.93 feet to a point; |
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8. South 39°43'46" West, 295.96 feet to a point; |
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9. South 42°29'34" West, 121.65 feet to a point; |
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10. South 24°21'30" West, 171.48 feet to a point; |
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11. South 46°07'02" West, 374.25 feet to a point; |
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12. South 02°38'20" East, 54.32 feet to a point; |
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13. South 18°34'57" East, 145.37 feet to a point; |
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14. South 62°36'46" East, 13.16 feet to a point; |
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15. South 19°27'39" East, 47.27 feet to a point; |
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16. South 56°55'21" West, 42.55 feet to a point; |
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17. South 80°40'29" West, 27.74 feet to a point; |
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18. North 75°34'20" West, 60.34 feet to a point; |
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19. North 45°24'17" West, 92.21 feet to a point; |
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20. South 69°37'01" West, 122.47 feet to a point; |
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21. South 01°52'10" West, 80.77 feet to a point; |
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22. South 47°53'22" West, 257.25 feet to a point; |
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23. South 62°49'43" West, 107.87 feet to a point; |
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24. South 70°51'08" West, 113.74 feet to a point; |
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25. South 47°54'19" East, 39.09 feet to a point; |
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26. South 33°56'40" East, 40.49 feet to a point; |
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27. South 19°44'57" East, 215.80 feet to a point; |
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28. In a southwest direction, with the arc of said curve to the |
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right, having a radius of 112.17 feet, a central angle of 89°09'41", |
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an arc length of 174.55 feet, and a chord bearing South 16°35'46" |
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West, 157.46 feet; |
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29. South 78°20'54" West, 127.86 feet to a point; |
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30. South 62°48'04" West, 67.77 feet to a point; |
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31. South 43°07'36" West, 199.77 feet to a point; |
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32. South 11°09'17" West, 224.55 feet to a point; |
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33. South 16°52'24" West, 81.16 feet to a point; |
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34. South 16°13'30" East, 66.10 feet to a point; |
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35. South 03°02'55" West, 577.13 feet to a point; |
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36. South 02°51'05" East, 65.04 feet to a point; |
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37. South 11°08'15" West, 109.37 feet to a point; |
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38. South 38°39'44" West, 78.65 feet to a point; |
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39. South 47°30'41" West, 136.45 feet to a point; |
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40. South 39°01'15" West, 183.90 feet to a point; |
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41. North 77°44'05" West, 78.71 feet to a point; |
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42. South 60°20'13" West, 44.60 feet to a point; |
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43. South 30°10'19" West, 101.61 feet to a point; |
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44. South 05°54'03" East, 96.43 feet to a point; |
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45. South 03°36'26" West, 160.90 feet to a point; |
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46. South 19°03'19" East, 52.87 feet to a point; |
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47. South 15°28'22" West, 110.56 feet to a point; |
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48. South 26°18'48" West, 193.37 feet to a point; |
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49. South 25°07'04" West, 284.81 feet to a point; |
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50. South 21°59'56" West, 319.08 feet to a point; |
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51. South 42°58'11" West, 27.29 feet to a point; |
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52. South 76°04'54" West, 40.59 feet to a point; |
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53. South 60°41'21" West, 247.58 feet to a point; |
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54. South 51°14'52" West, 198.47 feet to a point; |
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THENCE, North 01°51'21" West, leaving the centerline of said |
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Spring Creek along the west line of said Tract 1, at 1111.01 feet, |
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0.30 feet right passing a found Flat Bar (leaning), at 1352.28 feet, |
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.014 right a found T-Rail, and continuing for a total distance of |
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1830.00 feet to a set 5/8-inch iron rod (with cap stamped "Cotton |
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Surveying"); |
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THENCE, North 02°33'57" West, continuing along the west |
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boundary line of said Tract 1, at 102.90 feet, .052 feet left a |
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found axle, at 247.93 feet, 1.78 right a found concrete monument and |
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continuing for a total distance 2010.73 feet to a found concrete |
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monument for the southeast corner of said Tract 5 and the northeast |
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corner of a called 222.0856 acre tract conveyed to Derek Alan Metz |
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and Clyde Metz as filed for record under Clerk's File No. |
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2009-058942 of the Montgomery County Official Public Records of |
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Real Property; |
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THENCE, South 87°46'40" West, along the common line of said |
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Tract 5 and said 222.0856 acre tract 576.99 feet to a found concrete |
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monument for the southwest corner of said Tract 5 and the northwest |
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corner of said 222.0856 acre tract; |
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THENCE, North 03°15'31" West, along the west line of said |
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Tract 5, 1731.48 feet to a found T-Rail for the northwest corner of |
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said Tract 5 in the south line of a called 1.716 acre tract conveyed |
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to Jerry Kirkpatrick Homes, Inc. by Warranty Deed as filed for |
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record under Volume 1026, Page 729 of the Montgomery County Deed |
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Records; |
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THENCE, North 87°35'39" East, along the common line of said |
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Tract 5 and said 1.716 acres, at 26.28 feet a found 3/4-inch iron |
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rod, at 136.21 feet, 0.15 feet left a found 1/2-iron rod (bent), at |
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246.11 feet, 0.13 feet left a found 1/2-inch iron rod and continuing |
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for a total distance of 578.10 feet to a found axle for northeast |
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corner of said Tract 5 and the southeast corner of a called 0.6853 |
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acre tract conveyed to Cindy Ann Schmidt by Special Warranty Deed as |
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file for record under Clerk's File No. 9445705 of the Montgomery |
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County Deed Records and being in the west line of said Tract 2; |
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THENCE, North 03°23'08" West, along the east line of said |
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0.6853 acre tract and the west line of said Tract 2, 1185.47 feet to |
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a set 5/8-inch iron rod (with cap stamped "Cotton Surveying"), from |
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which a found axle bears South 88°01' West, 1.83 feet; |
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THENCE, North 88°00'38" East, along a north line of said Tract |
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2, 686.50 feet to a found 2-inch iron pipe for the southeast corner |
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of a called 8.4715 acre tract conveyed to Lynn P. Stewart and wife |
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Refeana D. Stewart by General Warranty Deed with Vendor's Lien as |
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filed for record under Clerk's File No. 9714296 of the Montgomery |
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County Official Public Records of Reap Property; |
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THENCE, North 00°57'02" West, along the west line of said |
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Tract 2, at 25.43 feet passing a found 1/2-inch iron rod for the |
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southwest corner of said Tract 7 and a northwest corner of said |
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Tract 2, at 604.97 feet, 1.52 feet right a found 5/8-inch iron rod, |
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at 811.95 feet, 5.19 feet right a found 1/2-inch iron rod (stamped |
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"RPLS 3971 Rainke"), at 1191.18 feet, 0.52 feet left a found |
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5/8-inch iron rod, at 1776.38 feet, 0.84 feet left a found 5/8-inch |
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iron rod and continuing for a total distance of 2348.57 feet to the |
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POINT OF BEGINNING, CONTAINING 500.9 acres of land in Montgomery |
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County, Texas as shown on drawing number 2407 in the office of |
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Cotton Surveying, The Woodlands, Texas. |
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SECTION 3. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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|
(c) The Texas Commission on Environmental Quality has filed |
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|
its recommendations relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
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|
representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 4. (a) If this Act does not receive a two-thirds |
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vote of all the members elected to each house, Subchapter C, Chapter |
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|
8421, Special District Local Laws Code, as added by Section 1 of |
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|
this Act, is amended by adding Section 8421.106 to read as follows: |
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Sec. 8421.106. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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(b) This section is not intended to be an expression of a |
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legislative interpretation of the requirements of Subsection (c), |
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Section 17, Article I, Texas Constitution. |
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SECTION 5. Except as provided by Section 4 of this Act: |
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(1) this Act takes effect immediately if it receives a |
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vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution; and |
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|
(2) if this Act does not receive the vote necessary for |
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|
immediate effect, this Act takes effect September 1, 2013. |
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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. 624 passed the Senate on |
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April 11, 2013, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 624 passed the House on |
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May 22, 2013, by the following vote: Yeas 147, Nays 1, two |
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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 |