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AN ACT
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relating to the creation of the Wood Trace Municipal Utility |
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District No. 4 of Montgomery County, Texas; granting a limited |
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power of eminent domain; providing authority to issue bonds; |
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providing authority to impose 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 8052 to read as follows: |
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CHAPTER 8052. WOOD TRACE MUNICIPAL UTILITY DISTRICT NO. 4 OF |
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MONTGOMERY COUNTY, TEXAS |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8052.0101. 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 Wood Trace Municipal Utility |
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District No. 4 of Montgomery County, Texas. |
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Sec. 8052.0102. 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. 8052.0103. CONFIRMATION AND DIRECTOR 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. 8052.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section |
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8052.0103 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. 8052.0105. 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. 8052.0106. 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. 8052.0201. 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 8052.0202, directors |
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serve staggered four-year terms. |
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Sec. 8052.0202. TEMPORARY DIRECTORS. (a) On or after the |
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effective date of the Act enacting this chapter, the owner or owners |
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of a majority of the assessed value of the real property in the |
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district may submit a petition to the commission requesting that |
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the commission appoint as temporary directors the five persons |
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named in the petition. The commission shall appoint as temporary |
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directors 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 8052.0103; 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 8052.0103 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 8052.0103; 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. 8052.0301. GENERAL POWERS AND DUTIES. The district |
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has the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 8052.0302. 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. 8052.0303. 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. 8052.0304. 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. 8052.0305. COMPLIANCE WITH MUNICIPAL CONSENT |
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ORDINANCE OR RESOLUTION. The district shall comply with all |
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applicable requirements of any ordinance or resolution that is |
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adopted under Section 54.016 or 54.0165, Water Code, and that |
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consents to the creation of the district or to the inclusion of land |
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in the district. |
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Sec. 8052.0306. 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 enacting 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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8052.0103 to confirm the district's creation. |
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(f) An order dividing the district shall: |
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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 commission and record the order in the real property |
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records of each county in which the 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 8052.0103. |
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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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8052.0104 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 creation of the new district is confirmed, the |
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new district shall provide the election date and results to the |
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commission. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8052.0401. ELECTIONS REGARDING TAXES OR BONDS. (a) |
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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 8052.0403. |
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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. 8052.0402. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8052.0401, the |
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district may impose an operation and maintenance tax on taxable |
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property in the district in accordance with Section 49.107, Water |
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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. 8052.0403. 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. 8052.0501. 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. 8052.0502. 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. 8052.0503. 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 Wood Trace Municipal Utility District No. 4 |
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of Montgomery County, Texas initially includes all the territory |
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contained in the following area: |
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TRACT 1 - 505.83 ACRES: |
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Being a 505.83-acre tract of land, located in the Andrew J. |
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Hensley, Abstract No. 255 and the J.D. Cochran Survey, A-123 in |
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Montgomery County, Texas; said 505.83-acre tract being out of a |
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called 2,253.2253-acre tract of land conveyed to Terra Investments, |
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LP in Clerk's File Number 2004023496 of the Official Public Records |
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of Real Property of Montgomery County Texas (O.P.R.R.P.M.C.T.); |
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said 505.83 acre tract being more particularly described by metes |
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and bounds as follows (all bearings are referenced to the north line |
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of said 2,253.2253-acre tract): |
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Beginning at the northwest corner of a called 34.6647-acre |
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tract of land recorded in Clerk's File Number 2018021947 of the |
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O.P.R.R.P.M.C.T., same being on the northwest line of said called |
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2,253.2253-acre tract; |
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Thence, with the northwest line of said called |
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2,253.2253-acre tract, the following three (3) courses: |
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1. North 43 degrees 05 minutes 06 seconds East, a distance |
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of 63.12 feet; |
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2. North 41 degrees 30 minutes 39 seconds East, a distance |
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of 1,876.15 feet; |
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3. North 41 degrees 50 minutes 49 seconds East, a distance |
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of 3,343.49 feet to the most northerly corner of aforesaid called |
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2,253.2253-acre tract; |
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4. Thence, with the northeast line of said called |
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2,253.2253-acre tract, South 47 degrees 49 minutes 11 seconds East, |
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a distance of 3,142.99 feet; |
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5. Thence, with an interior northeasterly line, South 41 |
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degrees 26 minutes 02 seconds West, a distance of 317.57 feet to the |
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centerline of Mills Creek; |
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Thence, with the meanders of the centerline of said Mills |
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Creek, the following twelve (12) courses: |
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6. South 40 degrees 14 minutes 25 seconds East, a distance |
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of 3.45 feet; |
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7. South 58 degrees 25 minutes 02 seconds East, a distance |
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of 201.92 feet; |
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8. South 73 degrees 09 minutes 05 seconds East, a distance |
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of 115.58 feet; |
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9. North 74 degrees 20 minutes 37 seconds East, a distance |
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of 46.27 feet; |
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10. North 73 degrees 47 minutes 22 seconds East, a distance |
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of 166.85 feet; |
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11. North 17 degrees 09 minutes 37 seconds East, a distance |
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of 45.08 feet; |
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12. North 26 degrees 27 minutes 19 seconds East, a distance |
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of 23.35 feet; |
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13. North 82 degrees 53 minutes 07 seconds East, a distance |
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of 26.89 feet; |
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14. South 84 degrees 07 minutes 38 seconds East, a distance |
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of 30.93 feet; |
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15. South 55 degrees 11 minutes 42 seconds East, a distance |
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of 34.75 feet; |
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16. South 15 degrees 00 minutes 28 seconds East, a distance |
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of 61.82 feet; |
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17. South 58 degrees 09 minutes 25 seconds East, a distance |
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of 25.03 feet to a northerly corner of a called 1295.994-acre tract |
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of land (Tract B) recorded in Clerk's File Number 99074137 of the |
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O.P.R.R.P.M.C.T.; |
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Thence, with the northwest line of said called 1295.994-acre |
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tract, the following eight (8) courses: |
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18. South 41 degrees 15 minutes 36 seconds West, a distance |
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of 462.62 feet; |
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19. South 41 degrees 34 minutes 29 seconds West, a distance |
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of 189.21 feet; |
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20. South 41 degrees 16 minutes 52 seconds West, a distance |
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of 919.78 feet; |
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21. South 41 degrees 02 minutes 20 seconds West, a distance |
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of 705.64 feet; |
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22. South 42 degrees 48 minutes 40 seconds West, a distance |
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of 1,020.09 feet; |
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23. South 44 degrees 10 minutes 27 seconds West, a distance |
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of 494.99 feet; |
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24. South 44 degrees 52 minutes 56 seconds West, a distance |
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of 1,038.47 feet; |
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25. South 44 degrees 34 minutes 39 seconds West, a distance |
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of 736.16 feet to the northerly northwest corner of aforesaid |
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called 1295.994-acre tract, same being on an interior southwesterly |
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line of aforesaid called 2,253.2253-acre tract; |
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Thence, with a southerly interior line of said called |
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2,253.2253-acre tract, the following three (3) courses: |
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26. North 47 degrees 37 minutes 18 seconds West, a distance |
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of 408.29 feet; |
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27. South 41 degrees 26 minutes 02 seconds West, a distance |
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of 257.19 feet; |
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28. South 41 degrees 39 minutes 25 seconds West, a distance |
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of 1,370.07 feet to the east corner of aforesaid called |
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34.6647-acre tract; |
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Thence, with the northeast line of said called 34.6647-acre |
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tract, the following seven (7) courses: |
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29. 803.07 feet along the arc of a curve to the right, said |
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curve having a central angle of 08 degrees 19 minutes 16 seconds, a |
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radius of 5,529.58 feet and a chord that bears North 14 degrees 15 |
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minutes 32 seconds West, a distance of 802.36 feet; |
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30. North 10 degrees 05 minutes 54 seconds West, a distance |
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of 516.07 feet; |
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31. North 10 degrees 05 minutes 54 seconds West, a distance |
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of 300.00 feet; |
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32. North 10 degrees 05 minutes 54 seconds West, a distance |
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of 415.32 feet; |
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33. 1,374.38 feet along the arc of a curve to the left, said |
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curve having a central angle of 25 degrees 41 minutes 38 seconds, a |
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radius of 3,064.79 feet and a chord that bears North 22 degrees 56 |
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minutes 43 seconds West, a distance of 1,362.89 feet; |
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34. North 07 degrees 44 minutes 45 seconds West, a distance |
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of 123.56 feet; |
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35. 219.14 feet (called 214.12 feet) along the arc of a |
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curve to the left, said curve having a central angle of 04 degrees |
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01 minutes 06 seconds, a radius of 3,124.79 feet and a chord that |
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bears North 39 degrees 48 minutes 05 seconds West, a distance of |
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219.10 feet to the Point of Beginning and containing 505.83 acres of |
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land. |
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TRACT 2 - 344.04 ACRES: |
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Being a 344.04-acre tract of land, located in the J.D. |
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Cochran Survey, A-123 in Montgomery County, Texas; said 344.04-acre |
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tract being out of a called 1295.994-acre tract of land conveyed to |
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Primewood Investments, LP in Clerk's File Number 99074137 of the |
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Official Public Records of Real Property of Montgomery County Texas |
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(O.P.R.R.P.M.C.T.); said 344.04-acre tract being more particularly |
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described by metes and bounds as follows (all bearings are |
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referenced to the northwest line of said called 1295.994-acre |
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tract): |
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Beginning at a 5/8-inch iron rod (bent)found for a westerly |
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corner of said called 1295.994-acre tract, same being on the |
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southwesterly line of said J.D. Cochran Survey; |
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1. Thence, with the southwest line of said called |
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1295.994-acre tract, North 22 degrees 08 minutes 07 seconds East, a |
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distance of 273.34 feet to an axle found; |
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2. Thence, continuing with said southwest line, North 47 |
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degrees 37 minutes 18 seconds West, a distance of 85.96 feet to the |
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south corner of a called 4.080-acre tract of land recorded in |
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Clerk's File Number 2008111916 of the O.P.R.R.P.M.C.T.; |
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Thence, with the southeast, northeast and northwest lines of |
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said 4.080-acre tract common with a southerly interior line of said |
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called 1295.994-acre tract, the following three (3) courses: |
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3. North 44 degrees 38 minutes 41 seconds East, a distance |
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of 485.30 feet; |
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4. North 49 degrees 09 minutes 03 seconds West, a distance |
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of 370.80 feet; |
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5. South 44 degrees 38 minutes 42 seconds West, a distance |
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of 475.40 feet to the west corner of aforesaid called 4.080-acre |
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tract and exterior corner of aforesaid 1295.994 acre tract; |
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6. Thence, continuing with the southwest line of said called |
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1295.994-acre tract, North 47 degrees 37 minutes 18 seconds West, a |
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distance of 25.00 feet; |
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7. Thence, with the northwest line of said called |
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1295.994-acre tract, North 44 degrees 34 minutes 39 seconds East, a |
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distance of 736.16 feet; |
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8. Thence, continuing with the northwest line of said called |
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1295.994-acre tract, North 44 degrees 52 minutes 56 seconds East, a |
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distance of 808.31 feet; |
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Thence, through said called 1295.994-acre tract, the |
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following seven (7) courses: |
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9. 1,450.72 feet along the arc of a curve to the right, said |
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curve having a central angle of 10 degrees 23 minutes 24 seconds, a |
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radius of 8,000.00 feet and a chord that bears South 82 degrees 21 |
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minutes 13 seconds East, a distance of 1,448.73 feet; |
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10. South 77 degrees 09 minutes 31 seconds East, a distance |
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of 335.90 feet; |
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11. 1,858.47 feet along the arc of a curve to the left, said |
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curve having a central angle of 13 degrees 18 minutes 37 seconds, a |
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radius of 8,000.00 feet and a chord that bears South 83 degrees 48 |
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minutes 49 seconds East, a distance of 1,854.29 feet; |
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12. South 00 degrees 28 minutes 20 seconds East, a distance |
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of 3,754.11 feet; |
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13. 1,342.91 feet along the arc of a curve to the right, said |
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curve having a central angle of 19 degrees 14 minutes 09 seconds, a |
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radius of 4,000.00 feet and a chord that bears South 09 degrees 08 |
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minutes 44 seconds West, a distance of 1,336.62 feet; |
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14. North 47 degrees 50 minutes 58 seconds West, a distance |
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of 492.91 feet; |
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15. North 47 degrees 50 minutes 58 seconds West, a distance |
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of 2,930.27 feet to a westerly interior corner of aforesaid called |
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1295.994-acre tract; |
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16. Thence, with the southwest line of said called |
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1295.944-acre tract, North 47 degrees 39 minutes 46 seconds West, a |
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distance of 2,329.59 feet to the Point of Beginning and containing |
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344.04 acres of land. |
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TRACT 3 - 602.53 ACRES: |
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Being a 209.21-acre tract of land (Tract A) and a 393.32-acre |
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tract of land (Tract B), both located in the J.D. Cochran Survey, |
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A-123 in Montgomery County, Texas; said 209.21-acre tract being out |
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of a called 1295.994-acre tract of land conveyed to Primewood |
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Investments, LP in Clerk's File Number 99074137 and said |
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393.32-acre tract being out of a called 2,253.2253-acre tract of |
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land conveyed to Terra Investments, LP in Clerk's File Number |
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2004023496, both of the Official Public Records of Real Property of |
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Montgomery County Texas (O.P.R.R.P.M.C.T.); said tracts being more |
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particularly described by metes and bounds as follows (all bearings |
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are referenced to the northwest line of said called 1295.994-acre |
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tract): |
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TRACT A - 209.21 ACRES: |
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Beginning at a 3-inch iron pipe found for the north corner of |
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a called 38.52-acre tract of land recorded in Clerk's File Number |
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9471668 of the O.P.R.R.P.M.C.T. and a northeasterly corner of said |
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called 1295.994, same being the north corner of a called |
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43.0969-acre tract (Ninth Tract) and on the southwesterly line of a |
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called 26.3229- acre tract of land (Tenth Tract) both described in |
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Clerk's File Number 2004023496 of the O.P.R.R.P.M.C.T.; |
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Thence, with the common line of said called 1295.994-acre |
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tract and said called 38.52-acre tract, the following five (5) |
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courses: |
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1. South 41 degrees 42 minutes 29 seconds West, a distance |
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of 1,630.66 feet to a concrete monument found; |
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2. South 47 degrees 58 minutes 31 seconds East, a distance |
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of 1,233.64 feet to a concrete monument found; |
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3. North 42 degrees 11 minutes 59 seconds East, a distance |
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of 587.70 feet; |
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4. South 24 degrees 12 minutes 25 seconds East, a distance |
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of 500.00 feet; |
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5. North 42 degrees 12 minutes 04 seconds East, a distance |
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of 439.67 feet to the east corner of aforesaid called 43.0969-acre |
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tract, same being on the common line of aforesaid called |
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26.3229-acre tract and aforesaid called 1295.994-acre tract; |
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6. Thence, with said common line, South 24 degrees 12 |
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minutes 25 seconds East, a distance of 938.29 feet; |
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Thence, through said called 1295.994-acre tract, the |
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following six (6) courses: |
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7. 1,679.81 feet along the arc of a curve to the right, said |
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curve having a central angle of 12 degrees 01 minutes 51 seconds, a |
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radius of 8,000.00 feet and a chord that bears South 83 degrees 30 |
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minutes 57 seconds West, a distance of 1,676.73 feet; |
|
8. North 00 degrees 28 minutes 21 seconds West, a distance |
|
of 1.74 feet; |
|
9. South 00 degrees 28 minutes 21 seconds East, a distance |
|
of 1.74 feet; |
|
10. 1,858.47 feet along the arc of a curve to the right, said |
|
curve having a central angle of 13 degrees 18 minutes 37 seconds, a |
|
radius of 8,000.00 feet and a chord that bears North 83 degrees 48 |
|
minutes 49 seconds West, a distance of 1,854.29 feet; |
|
11. North 77 degrees 09 minutes 31 seconds West, a distance |
|
of 335.90 feet; |
|
12. 1,450.73 feet along the arc of a curve to the left, said |
|
curve having a central angle of 10 degrees 23 minutes 24 seconds, a |
|
radius of 8,000.00 feet and a chord that bears North 82 degrees 21 |
|
minutes 13 seconds West, a distance of 1,448.74 feet to the |
|
northwest line of aforesaid called 1295.994-acre tract; |
|
Thence, with said northwest line, the following seven (7) |
|
courses: |
|
13. North 44 degrees 53 minutes 03 seconds East, a distance |
|
of 230.17 feet; |
|
14. North 44 degrees 10 minutes 27 seconds East, a distance |
|
of 494.99 feet; |
|
15. North 42 degrees 48 minutes 40 seconds East, a distance |
|
of 1,020.09 feet; |
|
16. North 41 degrees 02 minutes 20 seconds East, a distance |
|
of 705.64 feet; |
|
17. North 41 degrees 16 minutes 52 seconds East, a distance |
|
of 919.78 feet; |
|
18. North 41 degrees 34 minutes 29 seconds East, a distance |
|
of 189.21 feet; |
|
19. North 41 degrees 15 minutes 36 seconds East, a distance |
|
of 462.69 feet to the center line of Mills Creek, same being a |
|
northwesterly corner of said called 1295.994-acre tract; |
|
Thence, with the meanders of the centerline of said Mills |
|
Creek and the north line of said called 1295.994-acre tract, the |
|
following thirty-one (31) courses: |
|
20. South 58 degrees 09 minutes 25 seconds East, a distance |
|
of 18.91 feet; |
|
21. North 75 degrees 25 minutes 05 seconds East, a distance |
|
of 44.23 feet; |
|
22. North 76 degrees 29 minutes 06 seconds East, a distance |
|
of 46.94 feet; |
|
23. South 80 degrees 42 minutes 55 seconds East, a distance |
|
of 64.72 feet; |
|
24. South 86 degrees 50 minutes 45 seconds East, a distance |
|
of 60.53 feet; |
|
25. North 36 degrees 39 minutes 15 seconds East, a distance |
|
of 73.15 feet; |
|
26. North 18 degrees 33 minutes 02 seconds West, a distance |
|
of 57.31 feet; |
|
27. North 18 degrees 45 minutes 50 seconds East, a distance |
|
of 83.26 feet; |
|
28. North 27 degrees 55 minutes 55 seconds East, a distance |
|
of 34.76 feet; |
|
29. South 85 degrees 18 minutes 17 seconds East, a distance |
|
of 34.54 feet; |
|
30. South 29 degrees 46 minutes 38 seconds East, a distance |
|
of 30.04 feet; |
|
31. South 17 degrees 21 minutes 13 seconds East, a distance |
|
of 55.65 feet; |
|
32. South 02 degrees 17 minutes 41 seconds West, a distance |
|
of 19.33 feet; |
|
33. South 25 degrees 27 minutes 35 seconds West, a distance |
|
of 31.69 feet; |
|
34. South 36 degrees 58 minutes 17 seconds East, a distance |
|
of 29.30 feet; |
|
35. North 66 degrees 24 minutes 25 seconds East, a distance |
|
of 27.50 feet; |
|
36. North 30 degrees 38 minutes 53 seconds East, a distance |
|
of 68.33 feet; |
|
37. North 66 degrees 53 minutes 07 seconds East, a distance |
|
of 42.01 feet; |
|
38. South 69 degrees 35 minutes 09 seconds East, a distance |
|
of 51.93 feet; |
|
39. South 83 degrees 58 minutes 20 seconds East, a distance |
|
of 33.40 feet; |
|
40. South 57 degrees 01 minutes 02 seconds East, a distance |
|
of 20.46 feet; |
|
41. South 55 degrees 56 minutes 01 seconds East, a distance |
|
of 45.88 feet; |
|
42. South 52 degrees 24 minutes 02 seconds East, a distance |
|
of 35.24 feet; |
|
43. North 85 degrees 55 minutes 25 seconds East, a distance |
|
of 35.59 feet; |
|
44. North 73 degrees 28 minutes 31 seconds East, a distance |
|
of 45.24 feet; |
|
45. North 53 degrees 54 minutes 24 seconds East, a distance |
|
of 41.78 feet; |
|
46. North 15 degrees 19 minutes 11 seconds West, a distance |
|
of 36.63 feet; |
|
47. North 39 degrees 16 minutes 38 seconds West, a distance |
|
of 61.69 feet; |
|
48. North 22 degrees 42 minutes 12 seconds West, a distance |
|
of 26.40 feet; |
|
49. North 71 degrees 43 minutes 49 seconds East, a distance |
|
of 98.69 feet; |
|
50. South 83 degrees 02 minutes 24 seconds East, a distance |
|
of 172.00 feet to the northwest corner of aforesaid called |
|
26.3229-acre tract; |
|
Thence, with the southwest line of said called 26.3229-acre |
|
tract and the northeast line of aforesaid called 1295.994-acre |
|
tract, the following three (3) courses: |
|
51. South 24 degrees 12 minutes 25 seconds East, a distance |
|
of 750.22 feet; |
|
52. North 65 degrees 47 minutes 35 seconds East, a distance |
|
of 100.00 feet; |
|
53. South 24 degrees 12 minutes 25 seconds East, a distance |
|
of 275.57 feet to the Point of Beginning and containing 209.21 acres |
|
of land. |
|
TRACT B - 393.32 ACRES: |
|
Beginning at a 5/8-inch iron rod found for the most easterly |
|
corner of the aforesaid Tenth Tract and the most southerly corner of |
|
a called 23.686-acre Houston Lighting and Power Company easement |
|
recorded in Clerk's File number 8316278 of the O.P.R.R.P.M.C.T., |
|
same being on the southeasterly line of aforesaid called |
|
2,253.2253-acre tract and the northwesterly line of Decker Woods, a |
|
subdivision recorded in Cabinet C, Sheets 109 A and B of the |
|
Montgomery County Plat Records (M.C.P.R.) |
|
Thence, with the common line of said Tenth Tract and said |
|
called 23.686-acre tract, the following fifteen (15) courses: |
|
1. North 24 degrees 12 minutes 25 seconds West, a distance |
|
of 863.48 feet to a 1/2-iron rod found; |
|
2. North 65 degrees 47 minutes 35 seconds East, a distance |
|
of 50.00 feet to a 1/2-iron rod found; |
|
3. North 24 degrees 12 minutes 25 seconds West, a distance |
|
of 1,700.00 feet; |
|
4. South 65 degrees 47 minutes 35 seconds West, a distance |
|
of 50.00 feet; |
|
5. North 24 degrees 12 minutes 25 seconds West, a distance |
|
of 1,001.00 feet; |
|
6. North 65 degrees 47 minutes 35 seconds East, a distance |
|
of 50.00 feet; |
|
7. North 24 degrees 12 minutes 25 seconds West, a distance |
|
of 1,501.00 feet; |
|
8. South 65 degrees 47 minutes 35 seconds West, a distance |
|
of 50.00 feet; |
|
9. North 24 degrees 12 minutes 25 seconds West, a distance |
|
of 1,000.00 feet; |
|
10. North 65 degrees 47 minutes 35 seconds East, a distance |
|
of 25.00 feet; |
|
11. North 24 degrees 12 minutes 25 seconds West, a distance |
|
of 300.00 feet; |
|
12. South 65 degrees 47 minutes 35 seconds West, a distance |
|
of 25.00 feet; |
|
13. North 24 degrees 12 minutes 25 seconds West, a distance |
|
of 400.00 feet; |
|
14. North 65 degrees 47 minutes 35 seconds East, a distance |
|
of 100.00 feet to 5/8-inch iron rod (bent) found; |
|
15. North 24 degrees 12 minutes 25 seconds West, a distance |
|
of 261.27 feet to the most easterly northeast corner of aforesaid |
|
Tenth Tract and the most northerly northwest corner of aforesaid |
|
called 23.686-acre tract, same being on the north line of aforesaid |
|
called 2,253.2253-acre tract in the centerline of Mill Creek; |
|
Thence, with the north line of said called 2,253.2253-acre |
|
tract common with the meanders of the centerline of said Mill Creek, |
|
the following forty-three (43) courses; |
|
16. North 86 degrees 04 minutes 11 seconds East, a distance |
|
of 16.99 feet; |
|
17. North 65 degrees 03 minutes 06 seconds East, a distance |
|
of 35.22 feet; |
|
18. North 28 degrees 51 minutes 31 seconds East, a distance |
|
of 24.61 feet; |
|
19. North 38 degrees 48 minutes 42 seconds East, a distance |
|
of 22.80 feet; |
|
20. North 55 degrees 36 minutes 13 seconds East, a distance |
|
of 32.36 feet; |
|
21. North 78 degrees 50 minutes 25 seconds East, a distance |
|
of 74.30 feet; |
|
22. North 50 degrees 08 minutes 54 seconds East, a distance |
|
of 28.09 feet; |
|
23. North 26 degrees 11 minutes 13 seconds East, a distance |
|
of 22.71 feet; |
|
24. North 19 degrees 28 minutes 17 seconds East, a distance |
|
of 26.11 feet; |
|
25. North 14 degrees 06 minutes 25 seconds West, a distance |
|
of 20.13 feet; |
|
26. North 42 degrees 38 minutes 46 seconds West, a distance |
|
of 43.42 feet; |
|
27. North 12 degrees 00 minutes 05 seconds West, a distance |
|
of 113.03 feet; |
|
28. North 39 degrees 02 minutes 17 seconds East, a distance |
|
of 34.22 feet; |
|
29. South 69 degrees 43 minutes 50 seconds East, a distance |
|
of 27.69 feet; |
|
30. South 30 degrees 14 minutes 18 seconds East, a distance |
|
of 56.66 feet; |
|
31. North 36 degrees 24 minutes 53 seconds East, a distance |
|
of 29.94 feet; |
|
32. North 44 degrees 53 minutes 54 seconds East, a distance |
|
of 37.03 feet; |
|
33. North 03 degrees 15 minutes 42 seconds West, a distance |
|
of 51.37 feet; |
|
34. North 49 degrees 56 minutes 32 seconds East, a distance |
|
of 29.20 feet; |
|
35. South 82 degrees 03 minutes 05 seconds East, a distance |
|
of 102.24 feet; |
|
36. North 14 degrees 15 minutes 56 seconds East, a distance |
|
of 47.43 feet; |
|
37. North 70 degrees 36 minutes 01 seconds East, a distance |
|
of 52.42 feet; |
|
38. North 61 degrees 12 minutes 25 seconds East, a distance |
|
of 104.30 feet; |
|
39. North 20 degrees 17 minutes 28 seconds West, a distance |
|
of 166.23 feet; |
|
40. North 62 degrees 49 minutes 54 seconds West, a distance |
|
of 40.61 feet; |
|
41. North 32 degrees 41 minutes 01 seconds East, a distance |
|
of 40.55 feet; |
|
42. North 60 degrees 40 minutes 18 seconds West, a distance |
|
of 46.50 feet; |
|
43. North 30 degrees 09 minutes 24 seconds East, a distance |
|
of 37.94 feet; |
|
44. North 43 degrees 46 minutes 37 seconds West, a distance |
|
of 42.24 feet; |
|
45. North 45 degrees 55 minutes 50 seconds East, a distance |
|
of 37.07 feet; |
|
46. North 08 degrees 17 minutes 58 seconds East, a distance |
|
of 142.81 feet; |
|
47. North 33 degrees 29 minutes 34 seconds East, a distance |
|
of 100.25 feet; |
|
48. North 64 degrees 02 minutes 14 seconds West, a distance |
|
of 59.00 feet; |
|
49. North 71 degrees 17 minutes 47 seconds East, a distance |
|
of 133.57 feet; |
|
50. North 64 degrees 02 minutes 14 seconds West, a distance |
|
of 100.00 feet; |
|
51. North 68 degrees 32 minutes 18 seconds East, a distance |
|
of 140.42 feet; |
|
52. North 64 degrees 02 minutes 14 seconds West, a distance |
|
of 104.80 feet; |
|
53. North 72 degrees 14 minutes 34 seconds East, a distance |
|
of 151.92 feet; |
|
54. North 07 degrees 44 minutes 37 seconds East, a distance |
|
of 67.17 feet; |
|
55. North 57 degrees 14 minutes 54 seconds West, a distance |
|
of 42.30 feet; |
|
56. North 12 degrees 46 minutes 20 seconds East, a distance |
|
of 26.29 feet; |
|
57. North 13 degrees 07 minutes 58 seconds East, a distance |
|
of 99.07 feet; |
|
58. North 26 degrees 58 minutes 13 seconds East, a distance |
|
of 44.75 feet (called 45.08 feet) to a northerly corner of aforesaid |
|
called 2,253.2253-acre tract, same being the common line of |
|
aforesaid J.D. Cochran Survey and the J.H. Smith Survey, A-553; |
|
59. Thence, with the northeast line of said called |
|
2,253.2253-acre tract, same being the common line of said J.D. |
|
Cochran Survey and J.H. Smith Survey, South 47 degrees 56 minutes 17 |
|
seconds East, a distance of 2,140.08 feet (called 2140.82 feet) to |
|
an angle iron found for the north corner of a called 55-acre tract |
|
recorded in Volume 189, Page 286 of the Montgomery County Deed |
|
Records; |
|
60. Thence, with the north line of said called 55-acre tract |
|
and a southerly interior line of said called 2,253.2253-acre tract, |
|
South 42 degrees 29 minutes 43 seconds West, a distance of 1,756.17 |
|
feet (called 1727.49) to the west corner of said called 55-acre |
|
tract, same being the centerline of aforesaid Mills Creek; |
|
Thence, with the meanders of the centerline of said Mills |
|
Creek and an interior line of said called 2,253.2253-acre tract, |
|
the following thirty-six (36) courses |
|
61. South 64 degrees 41 minutes 47 seconds East, a distance |
|
of 2.74 feet; |
|
62. South 21 degrees 48 minutes 18 seconds East, a distance |
|
of 52.81 feet; |
|
63. South 64 degrees 41 minutes 36 seconds East, a distance |
|
of 54.96 feet; |
|
64. South 83 degrees 18 minutes 32 seconds East, a distance |
|
of 61.10 feet; |
|
65. South 54 degrees 20 minutes 49 seconds East, a distance |
|
of 27.20 feet; |
|
66. South 11 degrees 07 minutes 49 seconds East, a distance |
|
of 113.60 feet; |
|
67. South 27 degrees 09 minutes 49 seconds East, a distance |
|
of 45.71 feet; |
|
68. South 07 degrees 58 minutes 28 seconds East, a distance |
|
of 42.29 feet; |
|
69. South 17 degrees 45 minutes 44 seconds East, a distance |
|
of 32.30 feet; |
|
70. South 21 degrees 41 minutes 48 seconds East, a distance |
|
of 61.06 feet; |
|
71. South 44 degrees 44 minutes 07 seconds East, a distance |
|
of 56.04 feet; |
|
72. South 34 degrees 40 minutes 32 seconds East, a distance |
|
of 30.79 feet; |
|
73. South 55 degrees 36 minutes 46 seconds East, a distance |
|
of 90.41 feet; |
|
74. South 73 degrees 54 minutes 21 seconds East, a distance |
|
of 118.49 feet; |
|
75. South 85 degrees 59 minutes 57 seconds East, a distance |
|
of 83.51 feet; |
|
76. North 84 degrees 57 minutes 13 seconds East, a distance |
|
of 116.43 feet; |
|
77. North 57 degrees 37 minutes 43 seconds East, a distance |
|
of 140.93 feet; |
|
78. South 57 degrees 05 minutes 09 seconds East, a distance |
|
of 84.24 feet; |
|
79. South 17 degrees 30 minutes 52 seconds West, a distance |
|
of 51.67 feet; |
|
80. South 04 degrees 55 minutes 00 seconds East, a distance |
|
of 10.08 feet; |
|
81. South 31 degrees 47 minutes 41 seconds East, a distance |
|
of 55.23 feet; |
|
82. North 89 degrees 15 minutes 06 seconds East, a distance |
|
of 224.42 feet; |
|
83. South 48 degrees 47 minutes 25 seconds East, a distance |
|
of 107.54 feet; |
|
84. North 74 degrees 55 minutes 17 seconds East, a distance |
|
of 61.27 feet; |
|
85. South 78 degrees 55 minutes 54 seconds East, a distance |
|
of 121.00 feet; |
|
86. North 71 degrees 52 minutes 15 seconds East, a distance |
|
of 77.90 feet; |
|
87. North 49 degrees 58 minutes 05 seconds East, a distance |
|
of 278.38 feet; |
|
88. North 26 degrees 38 minutes 59 seconds East, a distance |
|
of 43.39 feet; |
|
89. North 09 degrees 39 minutes 19 seconds East, a distance |
|
of 135.91 feet; |
|
90. North 73 degrees 14 minutes 43 seconds East, a distance |
|
of 110.43 feet; |
|
91. North 72 degrees 44 minutes 00 seconds East, a distance |
|
of 130.57 feet; |
|
92. South 61 degrees 47 minutes 52 seconds East, a distance |
|
of 31.32 feet; |
|
93. South 14 degrees 45 minutes 20 seconds East, a distance |
|
of 47.51 feet; |
|
94. South 37 degrees 46 minutes 20 seconds East, a distance |
|
of 70.58 feet; |
|
95. South 79 degrees 12 minutes 47 seconds East, a distance |
|
of 37.44 feet; |
|
96. South 47 degrees 23 minutes 10 seconds East, a distance |
|
of 6.47 feet to the most easterly south corner of a called |
|
44.3605-acre tract recorded in Clerk's File Number 9342675 of the |
|
O.P.R.R.P.M.C.T.; |
|
97. Thence, with the common line of said called 44.3605-acre |
|
tract and said called 2,253.2253-acre tract, North 42 degrees 36 |
|
minutes 51 seconds East, at 25.66 feet pass a 1-inch pipe found, |
|
continuing a total a distance of 557.63 feet to a northeasterly |
|
exterior corner of said called 2,253.2253-acre tract; |
|
98. Thence, with the northeast line of said 2,253.2253-acre |
|
tract, South 47 degrees 32 minutes 00 seconds East, a distance of |
|
2,965.39 feet (called 2965.05 feet) to the east corner of said |
|
called 2,253.2253-acre tract; |
|
99. Thence, with the southeast line of said called |
|
2,253.2253-acre tract, South 41 degrees 31 minutes 41 seconds West, |
|
a distance of 3,998.52 feet to a 4" X 4" concrete monument found; |
|
100. Thence, continuing with said southeast line, South 41 |
|
degrees 31 minutes 03 seconds West, a distance of 446.14 feet |
|
(called S41°32'47"W, 446.10') to the Point of Beginning and |
|
containing 393.32 acres of land. |
|
TRACT 4 - 306.03 ACRES: |
|
Being a 306.03-acre tract of land, located in the J.D. |
|
Cochran Survey, A-123 in Montgomery County, Texas; said 306.03-acre |
|
tract being out of a called 1295.994-acre tract of land conveyed to |
|
Primewood Investments, LP in Clerk's File Number 99074137 of the |
|
Official Public Records of Real Property of Montgomery County Texas |
|
(O.P.R.R.P.M.C.T.); said 306.03-acre tract being more particularly |
|
described by metes and bounds as follows (all bearings are |
|
referenced to the northwest line of said called 1295.994-acre |
|
tract): |
|
Beginning at the most easterly corner of said called |
|
1295.994-acre tract and the most southerly corner of a called |
|
26.3329-acre tract of land (Tenth Tract) described in Clerk's File |
|
Number 2004023496 of the O.P.R.R.P.M.C.T. from which a 5/8-inch |
|
iron rod found for the most easterly corner of said called |
|
26.3229-acre tract bears N41°32'34"E, 109.67', same being on the |
|
common line of aforesaid J.D. Cochran Survey and the E. R. Hale |
|
Survey, A-264; |
|
54. Thence, with the southwest line of said called |
|
1295.994-acre tract, the northwest line of said E. R. Hale Survey |
|
and the southeast line of said J.D. Cochran Survey, South 41 degrees |
|
32 minutes 47 seconds West, at a distance of 2,079.24 feet pass and |
|
interior corner of said called 1295.994-acre tract, continuing |
|
through said called 1295.994-acre tract and with the common line of |
|
said J.D. Cochran Survey and the E.R Hale Survey, a total distance |
|
of 3698.53 feet to the south corner of said J.D. Cochran Survey and |
|
a northerly interior corner of said E.R. Hale Survey; |
|
55. Thence, with the common line of said J.D. Cochran Survey |
|
and said E.R. Hale Survey, North 47 degrees 50 minutes 58 seconds |
|
West, a distance of 1,298.58 feet; |
|
Thence, through said called 1295.994-acre tract, the |
|
following three (3) courses: |
|
56. 1,342.91 feet along the arc of a curve to the left, said |
|
curve having a central angle of 19 degrees 14 minutes 09 seconds, a |
|
radius of 4,000.00 feet and a chord that bears North 09 degrees 08 |
|
minutes 44 seconds East, a distance of 1,336.62 feet; |
|
57. North 00 degrees 28 minutes 20 seconds West, a distance |
|
of 3,754.11 feet; |
|
58. 1,679.81 feet along the arc of a curve to the left, said |
|
curve having a central angle of 12 degrees 01 minutes 51 seconds, a |
|
radius of 8,000.00 feet and a chord that bears North 83 degrees 30 |
|
minutes 57 seconds East, a distance of 1,676.73 feet to the |
|
southwest line of aforesaid called 26.3229-acre tract common with |
|
the northeast line of aforesaid called 1295.994-acre tract; |
|
Thence, with said common line, the following seven (7) |
|
courses: |
|
59. South 24 degrees 12 minutes 25 seconds East, a distance |
|
of 103.86 feet; |
|
60. North 65 degrees 47 minutes 35 seconds East, a distance |
|
of 50.00 feet; |
|
61. South 24 degrees 12 minutes 25 seconds East, a distance |
|
of 1,001.00 feet; |
|
62. South 65 degrees 47 minutes 35 seconds West, a distance |
|
of 50.00 feet; |
|
63. South 24 degrees 12 minutes 25 seconds East, a distance |
|
of 1,700.00 feet; |
|
64. North 65 degrees 47 minutes 35 seconds East, a distance |
|
of 50.00 feet; |
|
65. South 24 degrees 12 minutes 25 seconds East, a distance |
|
of 908.52 feet to the Point of Beginning and containing 306.03 acres |
|
of land. |
|
SECTION 3. (a) The legal notice of the intention to |
|
introduce this Act, setting forth the general substance of this |
|
Act, has been published as provided by law, and the notice and a |
|
copy of this Act have been furnished to all persons, agencies, |
|
officials, or entities to which they are required to be furnished |
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
Government Code. |
|
(b) The governor, one of the required recipients, has |
|
submitted the notice and Act to the Texas Commission on |
|
Environmental Quality. |
|
(c) The Texas Commission on Environmental Quality has filed |
|
its recommendations relating to this Act with the governor, the |
|
lieutenant governor, and the speaker of the house of |
|
representatives within the required time. |
|
(d) All requirements of the constitution and laws of this |
|
state and the rules and procedures of the legislature with respect |
|
to the notice, introduction, and passage of this Act are fulfilled |
|
and accomplished. |
|
SECTION 4. (a) If this Act does not receive a two-thirds |
|
vote of all the members elected to each house, Subchapter C, Chapter |
|
8052, Special District Local Laws Code, as added by Section 1 of |
|
this Act, is amended by adding Section 8052.0307 to read as follows: |
|
Sec. 8052.0307. NO EMINENT DOMAIN POWER. The district may |
|
not exercise the power of eminent domain. |
|
(b) This section is not intended to be an expression of a |
|
legislative interpretation of the requirements of Section 17(c), |
|
Article I, Texas Constitution. |
|
SECTION 5. 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, 2019. |
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 1697 was passed by the House on April |
|
12, 2019, by the following vote: Yeas 138, Nays 5, 2 present, not |
|
voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
|
I certify that H.B. No. 1697 was passed by the Senate on May |
|
22, 2019, by the following vote: Yeas 30, Nays 1. |
|
|
|
______________________________ |
|
Secretary of the Senate |
|
APPROVED: _____________________ |
|
Date |
|
|
|
_____________________ |
|
Governor |