81R19417 SJM-F
By: Patrick, Dan S.B. No. 2467
A BILL TO BE ENTITLED
AN ACT
relating to the creation of Waller Town Center Management District;
providing authority to impose an assessment, impose a tax, and
issue bonds; and granting a limited power of eminent domain.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 4, Special District Local Laws
Code, is amended by adding Chapter 3877 to read as follows:
CHAPTER 3877. WALLER TOWN CENTER MANAGEMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3877.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Waller Town Center Management
District.
Sec. 3877.002. NATURE OF DISTRICT. The Waller Town Center
Management District is a special district created under Section 59,
Article XVI, Texas Constitution.
Sec. 3877.003. PURPOSE; DECLARATION OF INTENT. (a) The
creation of the district is essential to accomplish the purposes of
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution, and other public purposes stated in this
chapter. By creating the district and in authorizing the City of
Waller, Harris County, and other political subdivisions to contract
with the district, the legislature has established a program to
accomplish the public purposes set out in Section 52-a, Article
III, Texas Constitution.
(b) The creation of the district is necessary to promote,
develop, encourage, and maintain employment, commerce,
transportation, housing, tourism, recreation, the arts,
entertainment, economic development, safety, and the public
welfare in the district.
(c) This chapter and the creation of the district may not be
interpreted to relieve Harris County from providing the level of
services provided, as of the effective date of the Act enacting this
chapter, to the area in the district. The district is created to
supplement and not to supplant the county services provided in the
area in the district.
Sec. 3877.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
The district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the improvements and services to be provided by
the district under powers conferred by Sections 52 and 52-a,
Article III, and Section 59, Article XVI, Texas Constitution, and
other powers granted under this chapter.
(c) The creation of the district is in the public interest
and is essential to:
(1) further the public purposes of developing and
diversifying the economy of the state;
(2) eliminate unemployment and underemployment; and
(3) develop or expand transportation and commerce.
(d) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, potential employees, employees, visitors,
and consumers in the district, and of the public;
(2) provide needed funding for the district to
preserve, maintain, and enhance the economic health and vitality of
the district territory as a community and business center;
(3) promote the health, safety, welfare, and enjoyment
of the public by providing pedestrian ways and by landscaping and
developing certain areas in the district, which are necessary for
the restoration, preservation, and enhancement of scenic beauty;
and
(4) provide for water, wastewater, drainage, road, and
recreational facilities for the district.
(e) Pedestrian ways along or across a street, whether at
grade or above or below the surface, and street lighting, street
landscaping, parking, and street art objects are parts of and
necessary components of a street and are considered to be a street
or road improvement.
(f) The district will not act as the agent or
instrumentality of any private interest even though the district
will benefit many private interests as well as the public.
Sec. 3877.005. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act enacting this chapter form a closure. A mistake in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on the bond;
(3) right to impose or collect an assessment or tax; or
(4) legality or operation.
Sec. 3877.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
All or any part of the area of the district is eligible to be
included in:
(1) a tax increment reinvestment zone created under
Chapter 311, Tax Code;
(2) a tax abatement reinvestment zone created under
Chapter 312, Tax Code; or
(3) an enterprise zone created under Chapter 2303,
Government Code.
Sec. 3877.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW. Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
Sec. 3877.008. LIBERAL CONSTRUCTION OF CHAPTER. This
chapter shall be liberally construed in conformity with the
findings and purposes stated in this chapter.
[Sections 3877.009-3877.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3877.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 3877.052, directors serve
staggered four-year terms, with two or three directors elected in
even-numbered years on the uniform election date in May prescribed
by the Election Code.
(c) Section 54.102, Water Code, applies to directors.
Section 375.063, Local Government Code, does not apply to
directors.
Sec. 3877.052. TEMPORARY DIRECTORS. (a) The initial
temporary board consists of:
Pos. No. Name of Director
1 Cindy Gayle
2 Wendell Halley
3 Larry Boudloche
4 John Isom
5 Jo Ann London
(b) The temporary directors shall hold an election to elect
five permanent directors.
(c) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Subsection (b); or
(2) the fourth anniversary of the effective date of
the Act enacting this chapter.
(d) If permanent directors have not been elected under
Subsection (b) and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (e) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Subsection (b); or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(e) If Subsection (d) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the Texas Commission on Environmental
Quality requesting that the commission appoint as successor
temporary directors the five persons named in the petition. The
commission shall appoint as successor temporary directors the five
persons named in the petition.
Sec. 3877.053. COMPENSATION. A director is entitled to
receive fees of office and reimbursement for actual expenses as
provided by Section 49.060, Water Code. Sections 375.069 and
375.070, Local Government Code, do not apply to the board.
[Sections 3877.054-3877.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3877.101. DEVELOPMENT CORPORATION POWERS. The
district may exercise the powers given to a development corporation
under Chapter 505, Local Government Code, including the power to
own, operate, acquire, construct, lease, improve, or maintain a
project described by that section.
Sec. 3877.102. NONPROFIT CORPORATION. (a) The board by
resolution may authorize the creation of a nonprofit corporation to
assist and act for the district in implementing a project or
providing a service authorized by this chapter.
(b) The nonprofit corporation:
(1) has each power of and is considered for purposes of
this chapter to be a local government corporation created under
Chapter 431, Transportation Code; and
(2) may implement any project and provide any service
authorized by this chapter.
(c) The board shall appoint the board of directors of the
nonprofit corporation. The board of directors of the nonprofit
corporation shall serve in the same manner as the board of directors
of a local government corporation created under Chapter 431,
Transportation Code, except that a board member is not required to
reside in the district.
Sec. 3877.103. AGREEMENTS; GRANTS. (a) The district may
make an agreement with or accept a gift, grant, or loan from any
person.
(b) The implementation of a project is a governmental
function or service for the purposes of Chapter 791, Government
Code.
Sec. 3877.104. AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT.
To protect the public interest, the district may contract with a
qualified party, including Harris County or the City of Waller, for
the provision of law enforcement services in the district for a fee.
Sec. 3877.105. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
district may join and pay dues to a charitable or nonprofit
organization that performs a service or provides an activity
consistent with the furtherance of a district purpose.
Sec. 3877.106. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
district may establish and provide for the administration of one or
more programs to promote state or local economic development and to
stimulate business and commercial activity in the district,
including programs to:
(1) make loans and grants of public money; and
(2) provide district personnel and services.
(b) The district has all of the powers of a municipality
under Chapter 380, Local Government Code.
Sec. 3877.107. STRATEGIC PARTNERSHIP AGREEMENT. The
district may negotiate and enter into a written strategic
partnership with the City of Waller under Section 43.0751, Local
Government Code.
Sec. 3877.108. LIMITED EMINENT DOMAIN. (a) Section
375.094, Local Government Code, does not apply to the district.
(b) The district may exercise the power of eminent domain in
accordance with Section 49.222, Water Code.
(c) The district may not exercise the power of eminent
domain outside the district boundaries to acquire:
(1) a site for a water treatment plant, water storage
facility, wastewater treatment plant, or wastewater disposal
plant;
(2) a recreational facility as defined by Section
49.462, Water Code; or
(3) a site for a road project.
Sec. 3877.109. ANNEXATION OR EXCLUSION OF LAND. (a) The
district may annex land as provided by Subchapter J, Chapter 49,
Water Code.
(b) The district may exclude land as provided by Subchapter
J, Chapter 49, Water Code. Section 375.044(b), Local Government
Code, does not apply to the district.
[Sections 3877.110-3877.150 reserved for expansion]
SUBCHAPTER D. PUBLIC PARKING FACILITIES
Sec. 3877.151. PARKING FACILITIES AUTHORIZED; OPERATION BY
PRIVATE ENTITY; TAX EXEMPTION. (a) The district may acquire, lease
as lessor or lessee, construct, develop, own, operate, and maintain
parking facilities or a system of parking facilities, including:
(1) lots, garages, parking terminals, or other
structures or accommodations for parking motor vehicles off the
streets; and
(2) equipment, entrances, exits, fencing, and other
accessories necessary for safety and convenience in parking
vehicles.
(b) A parking facility of the district may be leased to, or
operated for the district by, an entity other than the district.
(c) The district's parking facilities are a program
authorized by the legislature under Section 52-a, Article III,
Texas Constitution.
(d) The district's parking facilities serve the public
purposes of the district and are owned, used, and held for a public
purpose even if leased or operated by a private entity for a term of
years.
(e) The district's public parking facilities and any lease
to a private entity are exempt from the payment of ad valorem taxes
and state and local sales and use taxes.
Sec. 3877.152. RULES. The district may adopt rules
covering its public parking system.
Sec. 3877.153. FINANCING OF PARKING FACILITIES. (a) The
district may use any of its resources, including revenue,
assessments, taxes, or grant or contract proceeds, to pay the cost
of acquiring or operating public parking facilities.
(b) The district may:
(1) set, charge, impose, and collect fees, charges, or
tolls for the use of the public parking facilities; and
(2) issue bonds or notes to finance the cost of these
facilities.
[Sections 3877.154-3877.200 reserved for expansion]
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
Sec. 3877.201. DISBURSEMENTS AND TRANSFERS OF MONEY. The
board by resolution shall establish the number of directors'
signatures and the procedure required for a disbursement or
transfer of the district's money.
Sec. 3877.202. MONEY USED FOR IMPROVEMENTS OR SERVICES.
The district may acquire, construct, finance, operate, or maintain
any improvement or service authorized under this chapter or Chapter
375, Local Government Code, using any money available to the
district.
Sec. 3877.203. PETITION REQUIRED FOR FINANCING SERVICES AND
IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
service or improvement project with assessments under this chapter
unless a written petition requesting that service or improvement
has been filed with the board.
(b) A petition filed under Subsection (a) must be signed by
the owners of a majority of the assessed value of real property in
the district subject to assessment according to the most recent
certified tax appraisal roll for Harris County.
Sec. 3877.204. METHOD OF NOTICE FOR HEARING. The district
may mail the notice required by Section 375.115(c), Local
Government Code, by certified or first class United States mail.
The board shall determine the method of notice.
Sec. 3877.205. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
The board by resolution may impose and collect an assessment for any
purpose authorized by this chapter in all or any part of the
district.
(b) An assessment, a reassessment, or an assessment
resulting from an addition to or correction of the assessment roll
by the district, penalties and interest on an assessment or
reassessment, an expense of collection, and reasonable attorney's
fees incurred by the district:
(1) are a first and prior lien against the property
assessed;
(2) are superior to any other lien or claim other than
a lien or claim for county, school district, or municipal ad valorem
taxes; and
(3) are the personal liability of and a charge against
the owners of the property even if the owners are not named in the
assessment proceedings.
(c) The lien is effective from the date of the board's
resolution imposing the assessment until the date the assessment is
paid. The board may enforce the lien in the same manner that the
board may enforce an ad valorem tax lien against real property.
(d) The board may make a correction to or deletion from the
assessment roll that does not increase the amount of assessment of
any parcel of land without providing notice and holding a hearing in
the manner required for additional assessments.
Sec. 3877.206. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND
ASSESSMENTS. The district may not impose an impact fee or
assessment on the property, including the equipment,
rights-of-way, facilities, or improvements, of:
(1) an electric utility or a power generation company
as defined by Section 31.002, Utilities Code;
(2) a gas utility as defined by Section 101.003 or
121.001, Utilities Code;
(3) a telecommunications provider as defined by
Section 51.002, Utilities Code; or
(4) a person who provides to the public cable
television or advanced telecommunications services.
Sec. 3877.207. RESIDENTIAL PROPERTY. Section 375.161,
Local Government Code, does not apply to a tax imposed by the
district or a requirement for payment for a service provided by the
district, including water and sewer services.
Sec. 3877.208. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held in accordance with Section 3877.212,
the district may impose an operation and maintenance tax on taxable
property in the district in accordance with Section 49.107, Water
Code, for any district purpose, including to:
(1) maintain and operate the district;
(2) construct or acquire improvements; or
(3) provide a service.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
(c) Section 49.107(h), Water Code, does not apply to the
district.
Sec. 3877.209. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
Sec. 3877.210. AUTHORITY TO BORROW MONEY AND TO ISSUE
BONDS. (a) The district may borrow money on terms and conditions
as determined by the board. Section 375.205, Local Government
Code, does not apply to a loan, line of credit, or other borrowing
from a bank or financial institution secured by revenue other than
ad valorem taxes.
(b) The district may issue bonds, notes, or other
obligations payable wholly or partly from ad valorem taxes, sales
and use taxes, assessments, impact fees, revenue, contract
payments, grants, or other district money, or any combination of
those sources of money, to pay for any authorized district purpose.
(c) The limitation on the outstanding principal amount of
bonds, notes, and other obligations provided by Section 49.4645,
Water Code, does not apply to the district.
Sec. 3877.211. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Sections 54.601 and 54.602, Water Code.
Sec. 3877.212. ELECTIONS REGARDING TAXES AND BONDS. (a)
The district may issue, without an election, bonds, notes, and
other obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 3877.209.
(b) The district must hold an election in the manner
provided by Subchapter L, Chapter 375, Local Government Code, to
obtain voter approval before the district may impose an ad valorem
tax or sales and use tax or issue bonds payable from ad valorem
taxes.
(c) Section 375.243, Local Government Code, does not apply
to the district.
(d) All or any part of any facilities or improvements that
may be acquired by a district by the issuance of district bonds may
be included in one single proposition to be voted on at the election
or the bonds may be submitted in several propositions.
Sec. 3877.213. COMPETITIVE BIDDING. Subchapter I, Chapter
49, Water Code, applies to the district. Subchapter K, Chapter 375,
Local Government Code, does not apply to the district.
Sec. 3877.214. TAX AND ASSESSMENT ABATEMENTS. The district
may grant in the manner authorized by Chapter 312, Tax Code, an
abatement for a tax or assessment owed to the district.
[Sections 3877.215-3877.250 reserved for expansion]
SUBCHAPTER F. TAXES FOR CERTAIN DEFINED AREAS AND DESIGNATED
PROPERTY
Sec. 3877.251. AUTHORITY TO ESTABLISH DEFINED AREAS OR
DESIGNATED PROPERTY. The district may define areas or designate
certain property of the district to pay for improvements,
facilities, or services that primarily benefit that area or
property and do not generally and directly benefit the district as a
whole.
Sec. 3877.252. PROCEDURE FOR ELECTION. (a) Before the
district may impose an ad valorem tax or issue bonds payable from ad
valorem taxes of the defined area or designated property, the board
shall hold an election in the defined area or within the boundaries
of the designated property only.
(b) The election shall be conducted as provided by Section
3877.212.
(c) The board may submit the issues to the voters on the same
ballot to be used in another election.
Sec. 3877.253. DECLARING RESULT AND ISSUING ORDER. (a) If
a majority of the voters voting at the election approve the
proposition or propositions, the board shall declare the results
and, by order, shall establish the defined area and describe it by
metes and bounds or designate the specific property.
(b) The board's order is not subject to judicial review
except on the ground of fraud, palpable error, or arbitrary and
confiscatory abuse of discretion.
Sec. 3877.254. TAXES FOR IMPROVEMENTS AND FACILITIES IN
DEFINED AREAS OR DESIGNATED PROPERTY. On voter approval and
adoption of the order described in Section 3877.253, the district
may apply separately, differently, equitably, and specifically its
taxing power and lien authority to the defined area or designated
property to provide money to construct, administer, maintain, and
operate services, improvements, and facilities that primarily
benefit the defined area or designated property.
Sec. 3877.255. ISSUANCE OF BONDS AND LEVY OF TAXES FOR
DEFINED AREA OR DESIGNATED PROPERTY. After the order under Section
3877.253 is adopted, the district may issue bonds to provide for any
land, improvements, facilities, plants, equipment, and appliances
for the defined area or designated property.
[Sections 3877.256-3877.300 reserved for expansion]
SUBCHAPTER G. SALES AND USE TAX
Sec. 3877.301. MEANINGS OF WORDS AND PHRASES. Words and
phrases used in this subchapter that are defined by Chapters 151 and
321, Tax Code, have the meanings assigned by Chapters 151 and 321,
Tax Code.
Sec. 3877.302. APPLICABILITY OF CERTAIN TAX CODE
PROVISIONS. (a) Except as otherwise provided by this subchapter,
Subtitles A and B, Title 2, Tax Code, and Chapter 151, Tax Code,
apply to taxes imposed under this subchapter and to the
administration and enforcement of those taxes in the same manner
that those laws apply to state taxes.
(b) Chapter 321, Tax Code, relating to municipal sales and
use taxes, applies to the application, collection, change, and
administration of a sales and use tax imposed under this subchapter
to the extent consistent with this chapter, as if references in
Chapter 321, Tax Code, to a municipality referred to the district
and references to a governing body referred to the board.
(c) Sections 321.106, 321.401, 321.402, 321.403, 321.404,
321.406, 321.409, 321.506, 321.507, and 321.508, Tax Code, do not
apply to a tax imposed under this subchapter.
Sec. 3877.303. AUTHORIZATION; ELECTION. (a) The district
may adopt a sales and use tax to serve the purposes of the district
after an election in which a majority of the voters of the district
voting in the election authorize the adoption of the tax.
(b) The board by order may call an election to authorize a
sales and use tax. The election may be held with any other district
election.
(c) The district shall provide notice of the election and
shall hold the election in the manner prescribed by Section
3877.212.
(d) The ballots shall be printed to provide for voting for
or against the proposition: "Authorization of a sales and use tax
in the Waller Town Center Management District at a rate not to
exceed ___ percent."
Sec. 3877.304. ABOLISHING SALES AND USE TAX. (a) Except as
provided by Subsection (b), the board may abolish the sales and use
tax without an election.
(b) The board may not abolish the sales and use tax if the
district has outstanding debt secured by the tax.
Sec. 3877.305. SALES AND USE TAX RATE. (a) On adoption of
the tax authorized by this subchapter, there is imposed a tax on the
receipts from the sale at retail of taxable items within the
district, and an excise tax on the use, storage, or other
consumption in the district of taxable items purchased, leased, or
rented from a retailer in the district during the period that the
tax is in effect.
(b) The board shall determine the rate of the tax, which may
be in one-eighth of one percent increments not to exceed the maximum
rate authorized by the district voters at the election. The board
may lower the tax rate to the extent it does not impair any
outstanding debt or obligations payable from the tax.
(c) The rate of the excise tax is the same as the rate of the
sales tax portion of the tax and is applied to the sales price of the
taxable item.
[Sections 3877.306-3877.350 reserved for expansion]
SUBCHAPTER H. MUNICIPAL ANNEXATION AND DISSOLUTION
Sec. 3877.351. MUNICIPAL ANNEXATION; DISSOLUTION. (a)
Section 43.071, Local Government Code, applies to the district and
the district is a "water or sewer district" for purposes of that
section.
(b) Section 43.075, Local Government Code, applies to the
district.
(c) Section 375.264, Local Government Code, does not apply
to the dissolution of the district by a municipality.
SECTION 2. The Waller Town Center Management District
initially includes all territory contained in the following area:
TRACT 1:
Fieldnotes for 166.7194 acres of land out of Lots 1, 2, 3, 4,
7 and 8, Section 9 of the Harris County School Land Survey, Abstract
No. 332, in Harris County, Texas, the map or plat thereof recorded
in Volume 17, Page 222 of the Deed Records of Harris County, being
comprised of that certain 38.7594 acre tract, that certain 31.8519
acre tract, and that certain 96.1081 acre tract of land conveyed to
Peter S. Terpstra, Trustee, as described in deeds recorded under
County Clerk's File No(s). 20060189400, 20060246634, and
20060246637, respectively, of the Real Property Records of Harris
County, said 166.7194 acres of land being more particularly
described by metes and bounds as follows:
BEGINNING at a 5/8 inch steel rod set in the South line of
F.M. Highway No. 2920, based on a 100 foot right-of-way, at its
intersection with the West line of Binford Road, based on a 66 foot
right-of-way, said point being the Northeast corner of the said
96.1081 acre tract and the herein described tract, from which
point, the Northeast corner of that certain 160.33 acre tract of
land conveyed to Doud Jordan Wible, et ux, as described in deed
recorded in Volume 1572, Page 378 of the Deed Records of Harris
County bears North 0242'53" West, 17.80 feet;
Thence, South 0242'53" East, 193.20 feet with the West line
of said Binford Road and the common East line of the said 96.1081
acre tract to a 5/8 inch steel rod set for an exterior ell corner of
the herein described tract, said point being the Northeast corner
of that certain 0.9922 acre tract of land conveyed to Delta Troy
Interests, LTD., and described as Tract 5 in deed recorded under
County Clerk's File No. W201253 of the said Real Property Records;
Thence, South 8938'51" West, 208.00 feet with the North line
of the said 0.9922 acre tract and the common line of the said
96.1081 acre tract to a 5/8 inch steel rod set for the Northwest
corner of the said 0.9922 acre tract and an interior ell corner of
the herein described tract;
Thence, South 0242'53" East, 208.00 feet with the West line
of the said 0.9922 acre tract and the common line of the said
96.1081 acre tract to a 5/8 inch steel rod set for the Southwest
corner of the said 0.9922 acre tract and a second interior ell
corner of the herein described tract;
Thence, North 8938'51" East, 208.00 feet with the South line
of the said 0.9922 acre tract and the common line of the said
96.1081 acre tract to a 5/8 inch steel rod set in the West line of
said Binford Road for the Southeast corner of the said 0.9922 acre
tract and a second exterior ell corner of the herein described
tract;
Thence, South 0242'53" East, 1693.50 feet with the West line
of said Binford Road and the common East line of the said 96.1081
acre tract to a 5/8 inch steel rod set at an angle point, said point
being the Southeast corner of the said 96.1081 acre tract and the
Northeast corner of the aforesaid 31.8519 acre tract;
Thence, continuing with the West line of said Binford Road
and the common East line of the said 31.8519 acre tract, South
0359'32" West, 370.87 feet to a 5/8 inch steel rod set at the North
end of a cut-back line for U.S. Highway No. 290 (right-of-way varies
at this point), for the most Easterly Southeast corner of the said
31.8519 acre tract and the herein described tract, said point being
the Northeast corner of that certain 1.690 acre tract of land
conveyed to the State of Texas (for highway widening purposes), as
described in deed recorded under County Clerk's File No. R244269 of
the said Real Property Records;
Thence, South 5626'00" West, 96.58 feet with the said
cut-back line and the Northerly line of the said 1.690 acre tract
and said U.S. Highway No. 290 to a 5/8 inch steel rod with aluminum
(TxDOT) disk found at the Southerly end of the said cut-back line
marking the most Southerly Southeast corner of the said 31.8519
acre tract and the herein described tract;
Thence, North 7039'12" West (basis bearing), 307.31 feet
with the Northeasterly line of the said 1.690 acre tract and said
U.S. Highway No. 290, and the Southwesterly line of the said 31.8519
acre tract to a 5/8 inch steel rod set at a point of curve to the
left, having a radius of 1963.86 feet and a central angle of
1231'54";
Thence, continuing with the Northeasterly line of the said
1.690 acre tract and said U.S. Highway No. 290, and the
Southwesterly line of the said 31.8519 acre tract, and with the said
curve to the left having a radius of 1963.86 feet (chord bearing
North 7655'09" West, 428.68 feet), an arc distance of 429.53 feet
to a 5/8 inch steel rod set at a point of reverse curve to the right,
having a radius of 1855.86 feet and a central angle of 0947'55";
Thence, continuing with the Northeasterly line of the said
1.690 acre tract and said U.S. Highway No. 290, and the
Southwesterly line of the said 31.8519 acre tract, and with the said
curve to the right having a radius of 1855.86 feet (chord bearing
North 7817'08" West, 317.00 feet), an arc distance of 317.39 feet
to a 5/8 inch steel rod set at a point of tangency;
Thence, continuing with the Northeasterly line of said U.S.
Highway No. 290, and the common Southwesterly line of the said
31.8519 acre tract, North 7039'12" West, 1607.90 feet to a 5/8 inch
steel rod set in the West line of said Lot 7 and the East line of
adjacent Lot 6 of said Section 9, for the Southwest corner of the
said 31.8519 acre tract and the herein described tract, said point
also being the Southeast corner of that certain 4.453 acre tract of
land conveyed to Palm Harbor Homes I, L.P., as described as Parcel 1
in deed recorded under County Clerk's File No. T494925 of the said
Real Property Records, from which point, a found 5/8 inch steel rod
bears North 2446' East, 0.94 feet;
Thence, North 0228'20" West, 420.75 feet with the East line
of the said 4.453 acre tract, and the West line of the said 31.8519
acre tract to an angle iron found marking the Northeast corner of
the said 4.453 acre tract and an interior ell corner of the herein
described tract, said point also being the Southeast corner of the
aforesaid 38.7594 acre tract;
Thence, South 8811'03" West with the North line of the said
4.453 acre tract and the South line of the said 38.7594 acre tract,
at 667.84 feet passing the Northwest corner of the said 4.453 acre
tract and the Northeast corner of that certain 11.15 acre (residue)
tract of land conveyed to Leerie J. Hakemack, as described in deed
recorded in Volume 5204, Page 604 of the said Deed Records, and
continuing with the North line of the said 11.15 acre tract in all,
a total distance of 1081.99 feet to a 1 inch galvanized steel pipe
set in the Northeast line of U.S. Highway No. 290 (320.0 feet wide
at this point) for and angle point, said point being the most
Easterly corner of that certain 0.083 acre tract of land conveyed to
the State of Texas, as described in deed recorded in Volume 7313,
Page 528 of the said Deed Records;
Thence, North 7039'12" West, 156.99 feet with the
Northeasterly line of said U.S. Highway No 290 and the
Southwesterly line of the said 38.7594 acre tract to a 1 1/4 inch
galvanized steel pipe found marking the most Southerly Southwest
corner of the said 38.7594 acre tract and the herein described
tract, said point being the Northwest corner of the said 0.083 acre
tract, said point also being in the East line of that certain 8.015
acre (residue) tract of land conveyed to Anita Miller as described
in Probate Cause No. 89374 of the Probate Records of Harris County;
Thence, North 0230'48" West, 591.33 feet with the East line
of the said 8.015 acre tract and the West line of the said 38.7594
acre tract to a 1 1/4 galvanized steel pipe found marking an
interior ell corner of the said 38.7594 acre tract and the herein
described tract, said point being the Northeast corner of the said
8.015 acre tract;
Thence, South 8812'09" West with the North line of the said
8.015 acre tract and Southerly line of the said 38.7594 acre tract,
at 192.5 feet passing a found 1 1/4 galvanized steel pipe, and
continuing in all, a total distance of 201.10 feet to a 4 inch
square concrete monument found marking the most Westerly Southwest
corner of the said 38.7594 acre tract and the herein described
tract, said point also being the Southeast corner of that certain
(called) 9.216 acre tract of land conveyed to Love's Country
Stores, Inc., as described in deed recorded under County Clerk's
File No. U693047 of the said Real Property Records;
Thence, North 0141'39" West with the East line of the said
9.216 acre tract and the West line of the said 38.7594 acre tract,
at 614.92 feet passing a found 1 1/4 galvanized steel pipe, at
616.72 feet passing a found 3/8 inch steel rod with cap (described
by deed as the Northeast corner of the said 9.216 acre tract), and
continuing in all, a total distance of 626.42 feet to a 5/8 inch
steel rod set in the South line of said F.M. Highway No. 2920 for the
Northwest corner of the said 38.7594 acre tract and the herein
described tract, said point being the Southwest corner of that
certain 0.580 acre tract of land conveyed to the State of Texas (for
widening purposes), as described in deed recorded under County
Clerk's File No. C774289 (Vol. 7332, Pg. 137) of the said Real
Property Records, said point also being in a non-tangent curve to
the right, having a radius of 1909.86 feet and a central angle of
0329'08";
Thence, in an Easterly direction, with the South line of said
F.M. Highway No. 2920 and the said 0.580 acre tract, and the North
line of the said 38.7594 acre tract, and with the said curve to the
right having a radius of 1909.86 feet (chord bearing North 8629'17"
East, 116.17 feet), an arc distance of 116.19 feet to a 5/8 inch
steel rod set at a point of tangency, from which point, a 4 inch
square concrete monument (found in the North line of F.M. Highway
No. 2920) bears North 0146'09" West, 100.0 feet;
Thence, continuing with the South line of said F.M. Highway
No. 2920 and the said 0.580 acre tract, and the North line of the
said 38.7594 acre tract, North 8813'51" East, at 1304.61 feet
passing a 5/8 inch steel rod found marking the Northeast corner of
the said 38.7594 acre tract and the Northwest corner of the
aforesaid 96.1081 acre tract, and continuing with the North line of
the said 96.1081 acre tract in al, a total distance of 1428.59 feet
to a 5/8 inch steel rod set at a point of curve to the right, having
a radius of 11409.30 feet and a central angle of 0125'00";
Thence, continuing with the South line of said F.M. Highway
No. 2920 and the common North line of the said 96.1081 acre tract,
and with the said curve to the right having a radius of 11409.30
feet (chord bearing North 8856'21" East, 282.09 feet), an arc
distance of 282.10 feet to a 5/8 inch steel rod found at a point of
tangency;
Thence, continuing with the South line of said F.M. Highway
No. 2920 and the common North line of the said 96.1081 acre tract,
North 8938'51" East, 2048.75 feet to a 5/8 inch steel rod set at a
point of curve to the left, having a radius of 11509.30 feet and a
central angle of 0047'59";
Thence, continuing with the South line of said F.M. Highway
No. 2920 and the common North line of the said 96.1081 acre tract,
and with the said curve to the left having a radius of 11509.30 feet
(chord bearing North 8914'52" East, 160.64 feet), an arc distance
of 160.64 feet to the PLACE OF BEGINNING and containing 166.7194
acres or 7,262,296 square feet of land, more or less.
TRACT 2:
Fieldnotes for 12.4147 acres of land out of Lot 7 and Lot 8,
Section 9 of the Harris County School Lands Survey, Abstract No.
332, in Harris County, Texas, the map or plat thereof recorded in
Volume 17, Page 222 of the Deed Records of Harris County, being out
of and a part of that certain 160.33 acre tract of land conveyed to
Doud Jordan Wible, et ux, as described in deed recorded in Volume
1572, Page 378 of the said Deed Records, and being further out of
and a part of that certain 12.4518 acre tract of land conveyed to
E.F. Davidson, et al, and described as Tract No. 2 in deed recorded
under County Clerk's File No. J170095 of the Real Property Records
of Harris County, said 12.4147 acres of land being more
particularly described by metes and bounds as follows:
BEGINNING at a 1 inch galvanized steel pipe, found in a
hog-wire fence line, marking the Southwest corner of said Lot 7, the
said 160.33 acre tract, the said 12.4518 acre tract, and the herein
described tract, said point being in the East line of that certain
11.15 acre tract of land conveyed to L.J. Hakemack, et ux, as
described in deed recorded under County Clerk's File No. P056681 of
the said Real Property Records, said point also being the Northwest
corner of adjacent Lot 10 of said Section 9 and that certain
257.2309 acre tract of land conveyed to Delta Troy Interests, LTD.,
and described as Tract 1 in deed recorded under County Clerk's File
No. W201253 of the said Real Property Records;
Thence, North 0236'20" West (called North 0011'21" West in
11.15 acre deed) with the East line of the said 11.15 acre tract and
the West line of said Lot 7, the said 160.33 acre tract, and the said
12.4518 acre tract, and generally along a hog-wire fence line, at
642.3 feet passing the Northeast corner of the said 11.15 acre tract
and the Southeast corner of a 60 foot wide roadway (private),
described as an easement for ingress and egress in partition deed
recorded in Volume 3300, Page 484 of the said Deed Records, and
continuing with the East line of said 60 foot wide roadway in all, a
total distance of 663.44 feet to a 3/4 inch steel rod set in the
Southwesterly line of U.S. Highway No. 290, based on a 320 foot
right-of-way, for the Northwest corner of the said 12.4518 acre
tract and the herein described tract, from which point, a found 5/8
inch steel rod bears North 0129' West, 1.17 feet;
Thence, South 7039'12" East, 1631.76 feet with the
Southwesterly line of said U.S. Highway No. 290 and the
Northeasterly line of the said 12.4518 acre tract to a 5/8 inch
steel rod with aluminum (TxDOT) disk found at a point of curve to
the right, having a radius of 1855.86 feet and a central angle of
0320'06", said point being the most Westerly corner of that certain
458 square foot tract of land conveyed to the State of Texas (for
highway widening purposes), as described in deed recorded under
County Clerk's File No. R244268 of the said Real Property Records;
Thence, in a Southeasterly direction, with the Southwesterly
line of said U.S. Highway No. 290 and the said 458 square foot
tract, and with the said curve to the right having a radius of
1855.86 feet (chord bearing South 6623'40" East, 108.01 feet), an
arc distance of 108.02 feet to a 5/8 inch steel rod set in the South
line of aforesaid Lot 8, the said 160.33 acre tract and the said
12.4518 acre tract for the most Easterly or Southeast corner of the
herein described tract, said point being the Southwest corner of
the said 458 square foot tract and the most Westerly corner of that
certain 1.672 acre tract of land conveyed to the State of Texas (for
highway widening purposes), as described in deed recorded under
County Clerk's File No. R276494 of the said Real Property Records,
said point also being in the North line of adjacent Lot 9 of said
Section 9 and the aforesaid 257.2309 acre tract;
Thence, South 8711'26" West (called South 8732'13" West in
257.2309 acre deed), 1610.36 feet with the North line of the said
257.2309 acre tract and the common South line of the said 12.4518
acre tract, and generally along the line of an old down barbed-wire
fence to the PLACE OF BEGINNING and containing 12.4147 acres or
540,786 square feet of land, more or less.
TRACT 3:
Fieldnotes for 107.6370 acres of land out of Lots 3, 4, 5, 6,
11, 12, and 14, Section 10 of the Harris County School Land Survey,
Abstract No. 332, in Harris County, Texas, the map or plat thereof
recorded in Volume 17, Page 222 of the Deed Records of Harris
County, being out of and a part of that certain tract of land
conveyed to Boris & Margaret Payan Family Partnership, and
described as the residue of 109.9186 acres of land in correction
deed recorded under County Clerk's File No. T324010 of the Real
Property Records of Harris County, said 107.6370 acres of land
being more particularly described by metes and bounds as follows:
COMMENCING at a 5/8 inch steel rod found in the South line of
F.M. Highway No. 2920, based on a 100 foot right-of-way, at its
intersection with the West line of Kickapoo Road, based on a 66 foot
right-of-way, said point being the Northeast corner of that certain
tract of land conveyed to Delta Troy Interests, Ltd., and described
as the residue of 393.3575 acres of land in deed recorded under
County Clerk's File No. W201253 of the said Real Property Records,
from which point, a found 4" x 4" concrete monument bears South
8935' West, 3.9 feet;
Thence, South 8741'31" West, 3335.39 feet with the South line
of said F.M. Highway No. 2920 and the common North line of the said
393.3575 acre tract to a 5/8 inch steel rod set for the Northeast
corner and PLACE OF BEGINNING of the said 109.9186 acre tract and
the herein described tract;
Thence, South 0218'29" East, 3638.43 feet (called South
0217'36" East, 3639.80 feet in vesting deed) with the East line of
the said 109.9186 acre tract to a 5/8 inch steel rod set in the
Southwesterly line of the said 393.3575 acre tract and the
Northeasterly line of State Highway No. 290, based on a 320 foot
right-of-way, for the Southeast corner of the said 109.9186 acre
tract and the herein described tract, said point being in the arc of
a non-tangent curve to the left, having a radius of 7799.44 feet and
a central angle of 0835'22";
Thence, in a Northwesterly direction, with the Northeasterly
line of said U.S. Highway No. 290 and the common Southwesterly line
of the said 109.9186 acre tract, and with the said curve to the left
having a radius of 7799.44 feet (chord bearing North 6300'09" West,
1168.15 feet), an arc distance of 1169.24 feet to a 5/8 inch steel
rod set at a point of non-tangent curve to the left, having a radius
of 2013.86 feet and a central angle of 2216'29", said point also
being the most Easterly corner of that certain 1.0459 acre tract of
land conveyed to the State of Texas (for highway widening purposes)
as described in deed recorded under County Clerk's File No. T324011
of the said Real Property Records;
Thence, continuing with the Northeasterly line of said U.S.
Highway No. 290 and the said 1.0459 acre tract, and with the said
curve to the left having a radius of 2013.86 feet (chord bearing
North 5930'58" West, 778.00 feet), an arc distance of 782.92 feet
to a 5/8 inch steel rod set at a point of tangency;
Thence, continuing with the Northeasterly line of said U.S.
Highway No. 290 and the said 1.0459 acre tract, North 7039'12"
West, 237.97 feet to a 5/8 inch steel rod set at a cut-back for
Binford Road, said point being the most Westerly or Northwest
corner of the said 1.0459 acre tract, said point also being in the
Northeasterly line of that certain 1.235 acre tract of land
conveyed to the State of Texas, as described in deed recorded under
County Clerk's File No. R276486 of the said Real Property Records;
Thence, North 3036'06" West, 17.66 feet with the
Northeasterly line of the said 1.235 acre tract and the said
cut-back line to a 5/8 inch steel rod set in the East line of said
Binford Road (right-of-way varies at this point) and the West line
of the said 109.9186 acre tract for an angle point, said point being
the most Westerly or Northwest corner of the said 1.235 acre tract;
Thence, North 0902'53" West (called North 0902'34" West in
vesting deed), 452.64 feet with the East line of said Binford Road
and the common West line of the said 109.9186 acre tract to a 5/8
inch steel rod set for an angle point (right-of-way 66 feet wide at
this point), from which point, a 5/8 inch steel rod found in
concrete bears South 8100' East, 0.53 feet;
Thence, North 0242'53" West, 793.61 feet (called North
0241'16" West, 731.85 feet in vesting deed) with the East line of
said Binford Road and the common West line of the said 109.9186 acre
tract to a 5/8 inch steel rod set for the most Westerly Northwest
corner of the herein described tract, said point being the
Southwest corner of that certain 29.6849 acre tract of land
conveyed to Jesse B. Heath, Jr., Trustee, as described in deed
recorded under County Clerk's File No. J741028 of the said Real
Property Records;
Thence, North 8741'31" East, 990.77 feet (called North
8742'24" East, 991.05 feet in vesting deed and 29.6849 acre deed)
with the South line of the said 29.6849 acre tract and the common
line of the said 109.9186 acre tract to a 5/8 inch steel rod set for
an interior ell corner of the herein described tract, said point
being the Southeast corner of the said 29.6849 acre tract;
Thence, North 0218'29" West (called North 0217'36" West in
vesting deed and 29.6849 acre deed), 1298.83 feet to a 5/8 inch
steel rod set in the South line of said F.M. Highway No. 2920 for the
most Northerly Northwest corner of the said 109.9186 acre tract and
the herein described tract, said point being the Northeast corner
of the said 29.6849 acre tract;
Thence, North 8741'31" East (called North 8742'24" East in
vesting deed), 970.20 feet with the South line of said F.M. Highway
No. 2920 and the common North line of the said 109.9186 acre tract
to the PLACE OF BEGINNING and containing 107.6370 acres or
4,688,669 square feet of land, more or less.
TRACT 4:
Fieldnotes for 8.9032 acres of land out of Lot 4 and Lot 5,
Section 10 of the Harris County School Land Survey, Abstract No.
332, in Harris County, Texas, the map or plat thereof recorded in
Volume 17, Page 222 of the Deed Records of Harris County, being out
of and a part of that certain 29.6849 acre tract of land conveyed to
Jesse B. Heath, Jr., Trustee, as described in general warranty deed
recorded under County Clerk's File No. J741028 of the Real Property
Records of Harris County, and being that same (called) 8.906 acre
tract of land conveyed to Paul Wilkerson and Eva Grant, as described
in deed recorded under County Clerk's File No. X407844 of the said
Real Property Records, said 8.9032 acres of land being more
particularly described by metes and bounds as follows:
COMMENCING at a 1 inch steel rod set in the South line of F.M.
Highway No. 2920, based on a 100 foot right-of-way, at its
intersection with the East line of Binford Road, based on a 66 foot
right-of-way, said point being the Northwest corner of the said
29.6849 acre tract, said point also being in the arc of a curve to
the left, having a radius of 11509.30 and a central angle of
0048'18", from which point, a found 4" x 4" concrete monument bears
South 57 East, 1.25 feet and a found 5/8 inch steel rod bears South
59 East, 1.79 feet;
Thence, South 0242'53" East, 909.10 feet with the East line
of said Binford Road and the West line of the said 29.6849 acre
tract to a 3/4 inch steel rod set for the Northwest corner and PLACE
OF BEGINNING of the said 8.906 acre tract and the herein described
tract, said point also being the Southwest corner of a 20.7774 acre
tract of land previously conveyed, from which point, a found 5/8
inch steel rod bears South 0852' East, 2.1 feet;
Thence, North 8741'31" East, 993.55 feet with the South line
of the said 20.7774 acre tract to a 3/4 inch steel rod set in the
East line of the said 29.6849 acre tract for the Northeast corner of
the herein described tract, said point being in the Westerly line of
a 107.6370 acre tract of land previously conveyed, from which
point, a found 5/8 inch steel rod bears South 1841' East, 1.9 feet;
Thence, South 0218'29" East, 390.89 feet with the East line
of the said 29.6849 acre tract and the common line of the said
107.6370 acre tract to a 5/8 inch steel rod set for the Southeast
corner of the said 29.6849 acre tract and the herein described
tract, said point being an interior ell corner of the said 107.6370
acre tract;
Thence, South 8741'31" West, 990.77 feet with the South line
of the said 29.6849 acre tract and the common line of the said
107.6370 acre tract to a 5/8 inch steel rod set in the East line of
said Binford Road for the Southwest corner of the said 29.6849 acre
tract and the herein described tract, said point being the most
Westerly Northwest corner of the said 107.6370 acre tract;
Thence, North 0242'53" West, 390.90 feet with the East line
of said Binford Road and the common West line of the said 29.6849
acre tract to the PLACE OF BEGINNING and containing 8.9032 acres or
387,825 square feet of land, more or less.
TRACT 5:
Fieldnotes for 20.7774 acres of land out of Lot 4, Section 10
of the Harris County School Land Survey, Abstract No. 332, in Harris
County, Texas, the map or plat thereof recorded in Volume 17, Page
222 of the Deed Records of Harris County, being out of and a part of
that certain 29.6849 acre tract of land conveyed to Jesse B. Heath,
Jr., Trustee, as described in general warranty deed recorded under
County Clerk's File No. J741028 of the Real Property Records of
Harris County, said 20.7774 acres of land being more particularly
described by metes and bounds as follows:
BEGINNING at a 1 inch steel rod set in the South line of F.M.
Highway No. 2920, based on a 100 foot right-of-way, at its
intersection with the East line of Binford Road, based on a 66 foot
right-of-way, said point being the Northwest corner of the said
29.6849 acre tract and the herein described tract, said point being
in the arc of a curve to the left, having a radius of 11509.30 and a
central angle of 0048'18", from which point, a found 4" x 4"
concrete monument bears South 57 East, 1.25 feet and a found 5/8
inch steel rod bears South 59 East, 1.79 feet;
Thence, in an Easterly direction, with the South line of said
F.M. Highway No. 2920 and the common North line of the said 29.6849
acre tract, and with the said curve to the left having a radius of
11509.30 feet (chord bearing North 8805'40" East, 161.70 feet), an
arc distance of 161.70 feet to a 5/8 inch steel rod set at a point of
tangency, from which point, a broken 4" x 4" concrete monument bears
North 80 East, 0.53 feet;
Thence, continuing with the South line of said F.M. Highway
No. 2920 and the common North line of the said 29.6849 acre tract,
North 8741'31" East, 838.30 feet to a 5/8 inch steel rod set for the
Northeast corner of the said 29.6849 acre tract and the herein
described tract, said point also being the most Northerly Northwest
corner of a 107.6370 acre tract of land, the residue of a 109.9186
acre tract of land conveyed to Boris & Margaret Payen Family Limited
Partnership, as described in deed recorded under County Clerk's
File No. T324010 of the said Real Property Records;
Thence, South 0218'29" East, 907.94 feet with the East line
of the said 29.6849 acre tract and the common line of the said
107.6370 acre tract to a 3/4 inch steel rod set for the Southeast
corner of the herein described tract, from which point, a found 5/8
inch steel rod bears South 1841' East, 1.9 feet;
Thence, South 8741'31" West, 993.55 feet to a 3/4 inch steel
rod set in the West line of the said 29.6849 acre tract and the
common East line of said Binford Road for the Southwest corner of
the herein described tract, from which point, a found 5/8 inch steel
rod bears South 0852' East, 2.1 feet;
Thence, North 0242'53" West, 909.10 feet with the West line
of the said 29.6849 acre tract and the common East line of said
Binford Road to the PLACE OF BEGINNING and containing 20.7774 acres
or 905,065 square feet of land, more or less.
TRACT 6:
Fieldnotes for 164.3702 acres of land, being all of Lot 11 and
12 and a part of Lots 13 and 14, Section 7 of the Harris County
School Land Survey, Abstract No. 332, in Harris County, Texas, the
map or plat thereof recorded in Volume 17, Page 222 of the Deed
Records of Harris County, and being all of that certain (called)
164.401 acre tract of land conveyed to Chang-Hsine Cheng, et ux, as
described in deed recorded under County Clerk's File No. M314811 of
the Real Property Records of Harris County, said 164.3702 acres of
land being more particularly described by metes and bounds as
follows:
BEGINNING at a 5/8 inch steel rod found in the North line of
F.M. Highway No. 2920, based on a 100.00 foot right-of-way, at its
intersection with the East line of Binford Road, based on a 66.00
foot right-of-way, in the West line of said Lot 13, said point being
the Southwest corner of the said 164.401 acre tract and that certain
1.1057 acre Right Of Way Easement conveyed to the County of Harris
(for the widening of Binford Road) as described in instrument
recorded under County Clerk's File No. M747112 of the said Real
Property Records, said point also being the Northwest corner of
that certain 2.070 acre tract of land conveyed to the State of Texas
(for the widening of F.M. Highway No. 2920) as described in deed
recorded under County Clerk's File No. C684810 of the said Real
Property Records;
Thence, North 0018'09" West, 2694.07 feet (called North
0019'09" West, 2694.07 feet in 1.1057 acre deed), with the East
line of said Binford Road and the common West line of the said
164.401 acre tract and the said 1.1057 acre tract to a 5/8 inch
steel rod found marking the Northwest corner of said Lot 12, the
said 164.401 acre tract and the herein described tract, said point
being the Northwest corner of the said 1.1057 acre tract, said point
also being the Southwest corner of adjacent Lot 5 of said Section 7
and that certain 9.862 acre tract of land conveyed to Domenico
Calarco, et ux, as described in deed recorded under County Clerk's
File No. D254432 of the said Real Property Records;
Thence, North 8957'10" East with the South line of said Lot 5
and the said 9.862 acre tract, and the common North line of said Lot
12 and the said 164.401 acre tract, at 663 feet passing the
Southeast corner of the said 9.862 acre tract and the Southwest
corner of that certain 72.8588 acre tract of land conveyed to Glen
Harris, Jr., Trustee as described in instrument recorded under
County Clerk's File No. E052129 of the said Real Property Records,
and continuing with the South line of the said 72.8588 acre tract in
all, a total distance of 2653.44 feet to a 5/8 inch steel rod found
marking the Northeast corner of aforesaid Lot 11, the said 164.401
acre tract, and the herein described tract, said point being the
Southeast corner of adjacent Lot 6 of said Section 7 and the said
72.8588 acre tract, said point also being in the West line of that
certain 4.000 acre tract of land conveyed to Deanne Prusak as
described in deed recorded under County Clerk's File No. R803468 of
the said Real Property Records, and being the Southwest corner of
adjacent Lot 7 and the Northwest corner of adjacent Lot 10 of said
Section 7;
Thence, South 0018'08" East (called South 0051'56" East in
4.000 acre deed, South 0018'09" East in vesting deed, and South
0018'08" East in that certain boundary line agreement recorded in
Volume 7167, Page 187 of the said Deed Records), with the West line
of said Lot 10 and the said 4.000 acre tract, and the common East
line of said Lot 11 and the said 164.401 acre tract, at 160.49 feet
passing the Southwest corner of the said 4.000 acre tract and the
Northwest corner of the residue of that certain 6.3725 acre tract of
land conveyed to Robert V. Davidson, et ux, as described in deed
recorded under County Clerk's File No. P512170 of the said Real
Property Records, and continuing with the West line of the said
6.3725 acre tract (called South 0051'56" East in 6.3725 acre deed),
at 397.10 feet passing the Southwest corner of the said 6.3725 acre
tract and the Northwest corner of that certain 52.934 acre tract of
land conveyed to David A. Sellars, et ux, as described in deed
recorded under County Clerk's File No. S911654 of the said Real
Property Records, and continuing with the West line of the said
52.934 acre tract (called South 0053'57" East in 52.934 acre deed),
at 1360.23 feet passing the Southwest corner of the said 52.934 acre
tract (a 5/8 inch steel rod found 0.96' West) and the Northwest
corner of the residue of that certain tract of land conveyed to
Clara Harrison, et al, and Alma Bullock and described as Tract III
in partition deed recorded under County Clerk's File No. C695611 of
the said Real Property Records, and continuing with the West line of
said Tract III in all, a total distance of 2701.69 feet (called
2701.84 feet in vesting deed) to a 5/8 inch steel rod set in the
North line of said F.M. Highway No. 2920 for the Southeast corner of
the said 164.401 acre tract and the herein described tract, said
point bears North 0018'08" West, 17 ft. from the Southeast corner
of aforesaid Lot 14 and the common Southwest corner of said Tract
III and adjacent Lot 15 of said Section 7, and North 3046' East, 1.0
foot from a found 1/2 inch steel rod;
Thence, North 8954'23" West, 2495.18 feet (called North
8955'25" West, 2494.58 feet in vesting deed) with the North line of
said F.M. Highway No. 2920 and the South line of the said 164.401
acre tract to a 5/8 inch steel rod set at a point of curve to the
right, having a radius of 11409.30 feet and a central angle of
0047'42";
Thence, continuing with the North line of said F.M. Highway
No. 2920 and the South line of the said 164.401 acre tract, and with
the said curve to the right having a radius of 11409.30 feet (chord
bearing North 8930'32" West, 158.31 feet), an arc distance of
158.31 feet to the PLACE OF BEGINNING and containing 164.3702 acres
or 7,159,967 square feet of land, more or less.
SAVE AND EXCEPT:
Fieldnotes for 37.6450 acres of land, being out of and a part
of Lot 11 and Lot 12, Section 7 of the Harris County School Land
Survey, Abstract No. 332, in Harris County, Texas, the map or plat
thereof recorded in Volume 17, Page 222 of the Deed Records of
Harris County, and being out of and a part of that certain 164.3702
acre tract of land conveyed to R.K. McGaughy, Trustee, as described
in deed recorded under County Clerk's File No. Z519743 of the Real
Property Records of Harris County, said 37.6450 acres of land being
more particularly described by metes and bounds as follows:
COMMENCING at a 5/8 inch steel rod found in the North line of
F.M. Highway No. 2920, based on a 100 foot right-of-way, at its
intersection with the East line of Binford Road, based on a 66 foot
right-of-way, in the West line of Lot 13 of said Section 7, said
point being the Southwest corner of the said 164.3702 acre tract and
that certain 1.1057 acre Right of Way Easement conveyed to the
County of Harris (for the widening of Binford Road) as described in
instrument recorded under County Clerk's File No. M747112 of the
said Real Property Records, said point also being the Northwest
corner of that certain 2.070 acre tract of land conveyed to the
State of Texas (for the widening of F.M. Highway No. 2920) as
described in deed recorded under County Clerk's File No. C684810 of
the said Real Property Records;
Thence, North 0018'09" West, 2070.20 feet with the East line
of said Binford Road and the common West line of the said 164.3702
acre tract and the said 1.1057 acre tract to a 5/8 inch steel rod set
for the Southwest corner and PLACE OF BEGINNING for the herein
described tract;
Thence, continuing with the East line of said Binford Road
and the common West line of the said 164.3702 acre tract and the
said 1.1057 acre tract, North 0018'09" West, 623.87 feet to a 5/8
inch steel rod found marking the Northwest corner of said Lot 12,
the said 164.3702 acre tract, the said 1.1057 acre tract, and the
herein described tract, said point also being the Southwest corner
of adjacent Lot 5 of said Section 7 and that certain 9.862 acre
tract of land conveyed to Domenico Calarco, et ux, as described in
deed recorded under County Clerk's File No. D254432 of the said Real
Property Records;
Thence, North 8957'10" East with the South line of said Lot 5
and the said 9.862 acre tract, and the common North line of said Lot
12 and the said 164.3702 acre tract, at 663.0 feet passing the
Southeast corner of the said 9.862 acre tract and the Southwest
corner of that certain 72.8588 acre tract of land conveyed to Glen
Harris, Jr., Trustee as described in instrument recorded under
County Clerk's File No. E052129 of the said Real Property Records,
and continuing with the South line of the said 72.8588 acre tract in
all, a total distance of 2653.44 feet to a 5/8 inch steel rod found
marking the Northeast corner of aforesaid Lot 11, the said 164.3702
acre tract, and the herein described tract, said point being the
Southeast corner of adjacent Lot 6 of said Section 7 and the said
72.8588 acre tract, said point also being in the West line of that
certain 4.000 acre tract of land conveyed to Deanne Prusak as
described in deed recorded under County Clerk's File No. R803468 of
the said Real Property Records, and being the Southwest corner of
adjacent Lot 7 and the Northwest corner of adjacent Lot 10 of said
Section 7;
Thence, South 0018'08" East with the West line of said Lot 10
and the said 4.000 acre tract, and the common East line of said Lot
11 and the said 164.3702 acre tract, at 160.49 feet passing the
Southwest corner of the said 4.000 acre tract and the Northwest
corner of the residue of that certain 6.3725 acre tract of land
conveyed to Robert V. Davidson, et ux, as described in deed recorded
under County Clerk's File No. P512170 of the said Real Property
Records, and continuing with the West line of the said 6.3725 acre
tract, at 397.10 feet passing the Southwest corner of the said
6.3725 acre tract and the Northwest corner of that certain 52.934
acre tract of land conveyed to David A. Sellars, et ux, as described
in deed recorded under County Clerk's File No. S911654 of the said
Real Property Records, and continuing with the West line of the said
52.934 acre tract in all, a total distance of 612.13 feet to a 5/8
inch steel rod set for the Southeast corner of the herein described
tract;
Thence, South 8941'58" West, 2653.41 feet to the PLACE OF
BEGINNING and containing 37.6450 acres or 1,639,817 square feet of
land, more or less.
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,
lieutenant governor, and speaker of the house of representatives
within the required time.
(d) The general law relating to consent by political
subdivisions to the creation of districts with conservation,
reclamation, and road powers and the inclusion of land in those
districts has been complied with.
(e) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act have been
fulfilled and accomplished.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.