82R15935 TJB-F By: Harless H.B. No. 3830 A BILL TO BE ENTITLED AN ACT relating to the creation of the Vintage Municipal Management District; providing authority to impose a tax, levy an assessment, and issue bonds. 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 3908 to read as follows: CHAPTER 3908. VINTAGE MUNICIPAL MANAGEMENT DISTRICT SUBCHAPTER A. GENERAL PROVISIONS Sec. 3908.001. DEFINITIONS. In this chapter: (1) "Board" means the district's board of directors. (2) "City" means the City of Houston, Texas. (3) "Director" means a board member. (4) "District" means the Vintage Municipal Management District. Sec. 3908.002. CREATION AND NATURE OF DISTRICT. The district is a special district created under Section 59, Article XVI, Texas Constitution. Sec. 3908.003. PURPOSE; LEGISLATIVE FINDINGS. (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 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) The district is created to supplement and not to supplant city services provided in the district. Sec. 3908.004. 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 further the public purposes of: (1) developing and diversifying the economy of the state; (2) eliminating unemployment and underemployment; (3) developing or expanding transportation and commerce; and (4) providing quality residential housing. (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 residential community and business center; and (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. (e) Pedestrian ways along or across a street, whether at grade or above or below the surface, and street lighting, street landscaping, vehicle parking, and street art objects are parts of and necessary components of a street and are considered to be an improvement project that includes 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. 3908.005. 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. 3908.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. (a) 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; (3) an enterprise zone created under Chapter 2303, Government Code; or (4) an industrial district created under Chapter 42, Local Government Code. (b) If the city creates a tax increment reinvestment zone described by Subsection (a), the city and the board of directors of the zone, by contract with the district, may grant money deposited in the tax increment fund to the district to be used by the district for the purposes permitted for money granted to a corporation under Section 380.002(b), Local Government Code, including the right to pledge the money as security for any bonds issued by the district for an improvement project. A project may not receive public funds under Section 380.002(b), Local Government Code, unless the project has been approved by the governing body of the city. (c) A tax increment reinvestment zone created by the city in the district is not subject to the limitations provided by Section 311.006(b), Tax Code. Sec. 3908.007. APPLICABILITY OF MUNICIPAL MANAGEMENT DISTRICTS LAW. Except as otherwise provided by this chapter, Chapter 375, Local Government Code, applies to the district. Sec. 3908.008. LIBERAL CONSTRUCTION OF CHAPTER. This chapter shall be liberally construed in conformity with the findings and purposes stated in this chapter. [Sections 3908.009-3908.050 reserved for expansion] SUBCHAPTER B. BOARD OF DIRECTORS Sec. 3908.051. GOVERNING BODY; TERMS. The district is governed by a board of five directors who serve staggered terms of four years expiring June 1 of each even-numbered year. Sec. 3908.052. QUALIFICATIONS OF DIRECTORS APPOINTED BY CITY. (a) To be qualified to serve as a director appointed by the governing body of the city, a person must be: (1) a resident of the district who is also a registered voter of the district; (2) an owner of property in the district; (3) an owner of stock or a partnership or membership interest, whether beneficial or otherwise, of a corporate partnership, limited liability company, or other entity owner of a direct or indirect interest in property in the district; (4) an owner of a beneficial interest in a trust, or a trustee in a trust, that directly or indirectly owns property in the district; or (5) an agent, employee, or tenant of a person described by Subdivision (2), (3), or (4). (b) Section 49.052, Water Code, does not apply to the district. Sec. 3908.053. APPOINTMENT OF DIRECTORS. The governing body of the city shall appoint directors from persons recommended by the board. Sec. 3908.054. VACANCY. If a vacancy occurs on the board, the remaining directors shall appoint a director for the remainder of the unexpired term. Sec. 3908.055. DIRECTOR'S OATH OR AFFIRMATION. (a) A director shall file the director's oath or affirmation of office with the district, and the district shall retain the oath or affirmation in the district records. (b) A director shall file a copy of the director's oath or affirmation with the secretary of the city. Sec. 3908.056. OFFICERS. The board shall elect from among the directors a chair, a vice chair, and a secretary. The offices of chair and secretary may not be held by the same person. Sec. 3908.057. COMPENSATION; EXPENSES. (a) The district may compensate each director in an amount not to exceed $50 for each board meeting. The total amount of compensation for each director in one year may not exceed $2,000. (b) A director is entitled to reimbursement for necessary and reasonable expenses incurred in carrying out the duties and responsibilities of the board. Sec. 3908.058. LIABILITY INSURANCE. The district may obtain and pay for comprehensive general liability insurance coverage from a commercial insurance company or other source that protects and insures a director against personal liability and from all claims relating to: (1) actions taken by the director in the director's capacity as a member of the board; (2) actions and activities taken by the district; or (3) the actions of others acting on behalf of the district. Sec. 3908.059. NO EXECUTIVE COMMITTEE. The board may not create an executive committee to exercise the powers of the board. Sec. 3908.060. BOARD MEETINGS. The board shall hold meetings at a place accessible to the public. Sec. 3908.061. INITIAL DIRECTORS. (a) The initial board consists of: Pos. No. Name of Director 1 ________________ 2 ________________ 3 ________________ 4 ________________ 5 ________________ (b) The terms of the initial directors expire June 1, 2012. (c) Of the directors who replace an initial director, the terms of directors serving in positions 1, 2, and 3 expire June 1, 2014, and the terms of directors serving in positions 4 and 5 expire June 1, 2016. (d) Section 3908.052 does not apply to this section. (e) This section expires September 1, 2012. [Sections 3908.062-3908.100 reserved for expansion] SUBCHAPTER C. POWERS AND DUTIES Sec. 3908.101. GENERAL POWERS AND DUTIES. The district has the powers and duties necessary to accomplish the purposes for which the district is created. Sec. 3908.102. IMPROVEMENT PROJECTS AND SERVICES. (a) The district may provide, design, construct, acquire, improve, relocate, operate, maintain, or finance an improvement project or service using money available to the district, or contract with a governmental or private entity to provide, design, construct, acquire, improve, relocate, operate, maintain, or finance an improvement project or service authorized under this chapter or Chapter 375, Local Government Code. (b) An improvement project described by Subsection (a) may be located: (1) in the district; or (2) in an area outside but adjacent to the district if the project is for the purpose of extending a public infrastructure improvement beyond the district's boundaries to a logical terminus. Sec. 3908.103. DEVELOPMENT CORPORATION POWERS. The district, using money available to 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 under that chapter. Sec. 3908.104. 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 to be a local government corporation created under Subchapter D, 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 Subchapter D, Chapter 431, Transportation Code, except that a board member is not required to reside in the district. Sec. 3908.105. AGREEMENTS; GRANTS. (a) As provided by Chapter 375, Local Government Code, 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. 3908.106. LAW ENFORCEMENT SERVICES. To protect the public interest, the district may contract with a qualified party, including Harris County or the city, to provide law enforcement services in the district for a fee. Sec. 3908.107. 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. 3908.108. ECONOMIC DEVELOPMENT. (a) The district may engage in activities that accomplish the economic development purposes of the district. (b) 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. (c) The district may create economic development programs and exercise the economic development powers that: (1) Chapter 380, Local Government Code, provides to a municipality; and (2) Subchapter A, Chapter 1509, Government Code, provides to a municipality. Sec. 3908.109. PARKING FACILITIES. (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 lots, garages, parking terminals, or other structures or accommodations for parking motor vehicles off the streets and related appurtenances. (b) 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. (c) The district's parking facilities are necessary components of a street and are considered to be a street or road improvement. (d) The development and operation of the district's parking facilities may be considered an economic development program. Sec. 3908.110. NO EMINENT DOMAIN POWER. The district may not exercise the power of eminent domain. [Sections 3908.111-3908.150 reserved for expansion] SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS Sec. 3908.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The board by resolution shall establish the number of signatures and the procedure required for a disbursement or transfer of the district's money. Sec. 3908.152. MONEY USED FOR IMPROVEMENTS OR SERVICES. The district may acquire, construct, finance, operate, or maintain an improvement project or service authorized under this chapter or Chapter 375, Local Government Code, using any money available to the district. Sec. 3908.153. 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: (1) 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; or (2) at least 25 persons who own real property in the district subject to assessment, if more than 25 persons own real property in the district subject to assessment as determined by the most recent certified tax appraisal roll for Harris County. Sec. 3908.154. 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. 3908.155. 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. 3908.156. TAX AND ASSESSMENT ABATEMENTS. The district may designate reinvestment zones and may grant abatements of a tax or assessment on property in the zones. [Sections 3908.157-3908.200 reserved for expansion] SUBCHAPTER E. TAXES AND BONDS Sec. 3908.201. BONDS AND OTHER OBLIGATIONS. (a) The district may issue, by public or private sale, bonds, notes, or other obligations payable wholly or partly from ad valorem taxes or assessments in the manner provided by Subchapter A, Chapter 372, or Subchapter J, Chapter 375, Local Government Code. (b) In exercising the district's borrowing power, the district may issue a bond or other obligation in the form of a bond, note, certificate of participation or other instrument evidencing a proportionate interest in payments to be made by the district, or other type of obligation. (c) In addition to the sources of money described by Subchapter A, Chapter 372, and Subchapter J, Chapter 375, Local Government Code, district bonds may be secured and made payable wholly or partly by a pledge of any part of the money the district receives from improvement revenue or from any other source. Sec. 3908.202. BOND MATURITY. Bonds may mature not more than 40 years from their date of issue. Sec. 3908.203. TAXES FOR BONDS AND OTHER OBLIGATIONS. At the time bonds or other obligations payable wholly or partly from ad valorem taxes are issued: (1) the board shall impose a continuing direct annual ad valorem tax for each year that all or part of the bonds are outstanding; and (2) the district annually shall impose an ad valorem tax on all taxable property in the district in an amount sufficient to: (A) pay the interest on the bonds or other obligations as the interest becomes due; and (B) create a sinking fund for the payment of the principal of the bonds or other obligations when due or the redemption price at any earlier required redemption date. [Sections 3908.204-3908.250 reserved for expansion] SUBCHAPTER F. DISSOLUTION Sec. 3908.251. DISSOLUTION BY CITY ORDINANCE. (a) The city by ordinance may dissolve the district. (b) The city may not dissolve the district until the district's outstanding debt or contractual obligations that are payable from ad valorem taxes have been repaid or discharged, or the city has affirmatively assumed the obligation to pay the outstanding debt from city revenue. Sec. 3908.252. COLLECTION OF ASSESSMENTS AND OTHER REVENUE. (a) If the dissolved district has bonds or other obligations outstanding secured by and payable from assessments or other revenue, other than ad valorem taxes, the city shall succeed to the rights and obligations of the district regarding enforcement and collection of the assessments or other revenue. (b) The city shall have and exercise all district powers to enforce and collect the assessments or other revenue to pay: (1) the bonds or other obligations when due and payable according to their terms; or (2) special revenue or assessment bonds or other obligations issued by the city to refund the outstanding bonds or obligations. Sec. 3908.253. CONCURRENCE ON ADDITIONAL POWERS. If the legislature grants the district a power that is in addition to the powers approved by the initial resolution of the governing body of the city consenting to the creation of the district, the district may not exercise that power unless the governing body of the city consents to that change by resolution. Sec. 3908.254. ASSUMPTION OF ASSETS AND LIABILITIES. (a) After the city dissolves the district, the city assumes, subject to the appropriation and availability of funds, the obligations of the district, including any bonds or other debt payable from assessments or other district revenue. (b) If the city dissolves the district, the board shall transfer ownership of all district property to the city. SECTION 2. The Vintage Municipal Management District initially includes all the territory contained in the following area: Tract 1 DESCRIPTION OF A 3.087 ACRE TRACT SITUATED IN THE LORENZA DEZAVALA SURVEY, ABSTRACT 950 HARRIS COUNTY, TEXAS Being a 3.087 acre tract situated in the Lorenza Dezavala Survey, A-950, Harris County, Texas, being a portion of a called 168.51 acre tract as recorded under Harris County Clerk's File No. (H.C.C.F. No.) X616317, said 3.087 acre tract being more particularly described by metes and bounds as follows: BEGINNING at a 5/8-inch iron rod w/cap "Terra Surveying" found for the common southeast corner of said 168.51 acre tract and the herein described tract, lying in the north right-of-way line of Louetta Road (width varies) as recorded under H.C.C.F. Nos. H467527 thru H467530 and M825809 and lying in the west right-of-way line of the Texas and Brazos Valley Railway Co. (100 feet wide); THENCE S 50°50'10" W, 167.60 feet along the north right-of-way line of said Louetta Road to a 5/8-inch iron rod w/cap "Terra Surveying" found for a corner of the herein described tract; THENCE S 55°50'34" W, 157.24 feet continuing along the north right-of-way line of said Louetta Road to a 1/2-inch iron pipe with cap stamped BROWN & GAY found for the most southerly southeast corner of VINTAGE ROYALE SEC. 1 as shown on the plat recorded under Film Code No. 619098 of the Harris County Map Records; THENCE, leaving the north right-of-way line of said Louetta Road and along the eastern right-of-way lines of Vintage Preserve Parkway (100-foot wide) the following two (2) courses: In a northwesterly direction, along the arc of a curve to the right a distance of 38.83 feet, having a radius of 25.00 feet and a central angle of 89°00'00", with a chord bearing N 78°39'26" W, 35.05 feet to a 1/2-inch iron pipe with cap stamped BROWN & GAY found for the point of tangency; N 34°09'26" W, 345.00 feet to a 1/2-inch iron pipe with cap stamped BROWN & GAY found for the northwest corner of the herein described tract and being in a southern line of said VINTAGE ROYALE SEC. 1; THENCE N 55°50'34" E, 387.04 feet along said southern line to a point for the northeast corner of the herein described tract and lying in the west right-of-way line of said Texas and Brazos Valley Railway Co.; THENCE S 28°00'34" E, 357.43 feet along said west right-of-way line and the east line of said 168.51 acre tract to the POINT OF BEGINNING and containing 3.087 acres of land. Bearing orientation is based on the Texas State Plane Coordinate System, South Central Zone, NAD-83. Tract 2 DESCRIPTION OF A 8.916 ACRE TRACT SITUATED IN THE LORENZA DEZAVALA SURVEY, ABSTRACT 950 HARRIS COUNTY, TEXAS Being a 8.916 acre tract situated in the Lorenza Dezavala Survey, A-950, Harris County, Texas, being a portion of a called 168.51 acre tract as recorded under Harris County Clerk's File Number (H.C.C.F. No.) X616317, said 8.916 acre tract being more particularly described by metes and bounds as follows: BEGINNING at a 5/8-inch iron rod w/cap "Brown & Gay" found for the southeast corner of a called 3.658 acre tract described as 10130 LC ProMed DEVELOPMENT as shown on the plat recorded under Film Code No. 615059 of the Harris County Map Records (H.C.M.R.) and being the southwest corner of the herein described tract and lying in the north right-of-way line of Louetta Road (width varies) as recorded under H.C.C.F. Nos. H467527 thru H467530 and M825809; THENCE N 44°17'48" W, 442.88 feet along the east line of said 3.658 acre tract to a 5/8-inch iron rod with cap stamped BROWN & GAY found for the northeast corner of said 3.658 acre tract and the most westerly corner of the herein described tract; THENCE N 87°40'30" E, 162.99 feet to the most westerly southwest corner of VINTAGE ROYALE SEC. 1 as shown on the plat recorded under Film Code No. 619098 of the H.C.M.R.; THENCE N 55°50'34" E, 992.55 feet to along a southern line of said VINTAGE ROYALE SEC. 1 to a 1/2-inch iron pipe with cap stamped BROWN & GAY found for the northeast corner of the herein described tract and being in the western right-of-way line of Vintage Preserve Parkway (100-foot wide); THENCE along said western right-of-way line the following two (2) courses: S 34°09'26" E, 344.31 feet to a 1/2-inch iron pipe with cap stamped BROWN & GAY found for the point of curvature of a curve to the right; In a southerly direction, along the arc of said curve to the right a distance of 39.50 feet, having a radius of 25.00 feet and a central angle of 90°31'52", with a chord bearing S 11°06'30" W, 35.52 feet to a point being in the north right-of-way line of said Louetta Road and also being the beginning of a non-tangent curve whose center bears N 32°37'41" W, 1940.00 feet; THENCE in a southwesterly direction along the north right-of-way line of said Louetta Road, 82.72 feet along the arc of a curve to the right, having a radius of 1940.00 feet and a central angle of 02°26'35", with a chord bearing S 58°35'36" W, 82.72 feet to a 5/8-inch iron rod found for the point of tangency; THENCE S 59°48'54" W, 150.00 feet continuing along the north right-of-way line of said Louetta Road and the south line of said 168.51 acre tract to a 5/8-inch iron rod w/cap "Terra Surveying" found for the beginning of a tangent curve to the left; THENCE in a southwesterly direction continuing along the north right-of-way line of said Louetta Road, 71.44 feet along the arc of said curve to the left, having a radius of 2060.00 feet and a central angle of 03°58'20", with a chord bearing S 57°49'44" W, 142.79 feet to a 5/8-inch iron rod w/cap "Prejean Company 1820" found for the point of tangency; THENCE S 55°50'34" W, 652.86 feet continuing along the north right-of-way line of said Louetta Road and the south line of said 168.51 acre tract to the POINT OF BEGINNING and containing 8.916 acres of land. Bearing orientation is based on the Texas State Plane Coordinate System, South Central Zone, NAD-83. Tract 3 DESCRIPTION OF A 5.847 ACRE TRACT OF LAND SITUATED IN THE LORENZA DEZAVALA SURVEY, ABSTRACT 950 HARRIS COUNTY, TEXAS BEING a 5.847 acre tract of land situated in the Lorenza DeZavala Survey, Abstract 950, Harris County, Texas, being out of Block 2, Restricted Reserve "A" of Compaq Center East Section One, a subdivision plat filed for record under Film Code Number 429049 of the Harris County Map Records (H.C.M.R.), and being part of a called 377.2 acre tract of land described in a deed filed for record under Harris County Clerk's File Number (H.C.C.F. No.) Y535697, said 5.847 acres being more particularly described by metes and bounds as follows: BEGINNING at a scribed "X" in concrete found for the southwest corner of a called 2.000 acre tract of land described in a deed filed for record under H.C.C.F. No. 20080549471 and being in the eastern right-of-way line of Vintage Preserve Parkway (width varies) as shown on the plat recorded under Film Code No. 615126 of the H.C.M.R.; THENCE leaving said eastern right-of-way line and going along the lines common to said 2.000 acre tract and the herein described tract the following four (4) courses: N 42°19'02" E, a distance of 218.63 feet to a 5/8-inch iron rod with cap stamped BROWN & GAY found for the southeast corner of said 2.000 acre tract; N 28°00'34" W, a distance of 226.39 feet to a 5/8-inch iron rod with a cap stamped "BROWN & GAY" set for an angle point; N 49°07'06" W, a distance of 72.35 feet to a 5/8-inch iron rod with a cap stamped "BROWN & GAY" set for the point of curvature of a curve to the right; In a northwesterly direction, 20.17 feet along the arc of said curve to the right, having a radius of 70.00 feet, a central angle of 16°30'47" and a chord which bears N 40°50'20" W, 20.10 feet to a 5/8-inch iron rod with a cap stamped "BROWN & GAY" set for the northeast corner of said 2.000 acre tract and being in the southern right-of-way line of Louetta Road (width varies); THENCE N 61°18'08" E, a distance of 80.53 feet along the southern right-of-way of said Louetta Road to a 5/8-inch iron rod found for the northeast corner of said Restricted Reserve "A" and said 377.2 acre tract, and being in the western right-of-way line of the Burlington Rock Island Railroad (100-foot width); THENCE S 28°00'34" E, a distance of 1,882.77 feet along said western right-of-way line to the southeast corner of the herein described tract and being in the northwesterly line of a 40-foot wide EXXON pipeline easement described and recorded under H.C.C.F. No. E482290; THENCE S 28°42'46" W, a distance of 90.06 feet to a 5/8-inch iron rod with cap stamped BROWN & Gay found for the northeast corner of a called 0.6115 acre tract described as HARRIS COUNTY M.U.D. 468 LIFT STATION NO. 1 as shown on the plat recorded under Film Code No. 619205 of the H.C.M.R.; THENCE N 89°23'00" W, a distance of 165.54 feet along the north line of said 0.6115 acre tract to a 5/8-inch iron rod with cap stamped BROWN & GAY found for the northwest corner of said 0.6115 acre tract and being in the eastern right-of-way line of said Vintage Preserve Parkway; THENCE along said eastern right-of-way line the following six (6) courses: In a northwesterly direction, along a curve to the left, a distance of 143.02 feet, having a radius of 525.00 feet, a central angle of 15°36'30" and a chord which bears N 07°18'01" W, 142.58 feet to a scribed "X" in concrete found for the point of tangency of said curve; N 15°06'16" W, a distance of 106.36 feet to a scribed "X" in concrete found for the point of curvature of a curve to the left; In a northwesterly direction, along said curve to the left, a distance of 226.09 feet, having a radius of 1,040.00 feet, a central angle of 12°26'59" and a chord which bears N 21°19'45" W, 225.64 feet to a scribed "X" in concrete found for the point of tangency of said curve; N 27°33'15" W, a distance of 485.68 feet to a scribed "X" in concrete found for the point of curvature of a curve to the left; In a northwesterly direction, along said curve to the left, a distance of 258.02 feet, having a radius of 725.00 feet, a central angle of 20°23'28" and a chord which bears N 37°44'59" W, 256.66 feet to a scribed "X" in concrete found for the point of tangency of said curve; N 47°56'43" W, a distance of 281.93 feet to the POINT OF BEGINNING and containing 5.847 acres of land. Bearing orientation is based on the Texas State Plane Coordinate System, South Central Zone, NAD-83. Tract 4 DESCRIPTION OF A 42.34 ACRE TRACT OF LAND SITUATED IN THE LORENZA DEZAVALA SURVEY, ABSTRACT 950 HARRIS COUNTY, TEXAS BEING a 42.34 acre tract of land situated in the Lorenza DeZavala Survey, Abstract No. 950, Harris County, Texas being part of a called 377.2 acre tract of land described in a deed filed for record under Harris County Clerk's File Number (H.C.C.F. No.) Y535697, said 42.34 acre tract being more particularly described by metes and bounds as follows: COMMENCING at a 5/8-inch iron rod with cap stamped BROWN & GAY found for the northeast corner of Villas at Cypresswood Apartments a subdivision of record as shown on the plat recorded under Film Code No. 584122 of the Harris County Map Records (H.C.M.R.) and being in the western right-of-way line of Cutten Road (110-foot width) as described and recorded under H.C.C.F. No. P557120; THENCE along the western right-of-way line of said Cutten Road the following four (4) courses: N 26°13'26" W, a distance of 85.38 feet to an angle point; N 24°32'53" W, a distance of 353.87 feet to an angle point; N 21°01'35" W, a distance of 150.05 feet to the point of curvature of a curve to the left; In a northwesterly direction, 165.51 feet along the arc of said curve to the left, having a radius of 1,940.00 feet, a central angle of 04°53'18" and whose chord bears N 31°25'13" W, 165.46 feet to the southeast corner of the herein described tract and being the POINT OF BEGINNING; THENCE leaving said western right-of-way line and over and across said 377.2 acre tract the following thirteen (13) courses: S 29°20'16" W, a distance of 146.98 feet to an angle point; S 49°47'59" W, a distance of 34.06 feet to an angle point; S 50°58'57" W, a distance of 100.07 feet to an angle point; S 43°04'26" W, a distance of 99.94 feet to an angle point; S 30°34'45" W, a distance of 76.66 feet to an angle point; S 38°42'28" W, a distance of 93.55 feet to an angle point; S 51°06'13" W, a distance of 151.29 feet to an angle point; S 87°06'29" W, a distance of 218.03 feet to an angle point; S 55°03'12" W, a distance of 284.56 feet to an angle point; S 25°44'53" W, a distance of 125.46 feet to an angle point; S 61°31'33" W, a distance of 16.78 feet to an angle point; S 33°42'11" W, a distance of 307.72 feet to an angle point; S 51°18'06" W, a distance of 222.83 feet to a point for corner in the northern line of a called 13.77 acre fee strip described and recorded under H.C.C.F. No. 20090170364; THENCE along the line common to the herein described tract and said 13.77 acre fee strip the following ten (10) courses: S 60°48'11" W, a distance of 152.80 feet to a 5/8-inch iron rod with cap stamped BROWN & GAY found for an angle point; S 67°03'17" W, a distance of 164.68 feet to a 5/8-inch iron rod with cap stamped BROWN & GAY found for an angle point; S 80°25'33" W, a distance of 42.09 feet to a 5/8-inch iron rod with cap stamped BROWN & GAY found for an angle point; N 88°03'31" W, a distance of 29.52 feet to a 5/8-inch iron rod with cap stamped BROWN & GAY found for an angle point; N 47°05'32" W, a distance of 72.45 feet to a 5/8-inch iron rod with cap stamped BROWN & GAY found for an angle point; N 47°11'54" W, a distance of 96.88 feet to a 5/8-inch iron rod with cap stamped BROWN & GAY found for an angle point; N 57°47'54" W, a distance of 260.13 feet to a 5/8-inch iron rod with cap stamped BROWN & GAY found for an angle point; N 52°28'05" W, a distance of 200.08 feet to a 5/8-inch iron rod with cap stamped BROWN & GAY found for an angle point; N 42°20'05" W, a distance of 523.17 feet to a 5/8-inch iron rod with cap stamped BROWN & GAY found for an angle point; N 57°15'39" W, a distance of 224.05 feet to a 5/8-inch iron rod with cap stamped BROWN & GAY found for the northeast corner of said 13.77 acre fee strip and being in the southern right-of-way line of Vintage Preserve Parkway as shown on the plat recorded under Film Code No. 615128 of the H.C.M.R.; THENCE along the southern right-of-way line of said Vintage Preserve Parkway the following seven (7) courses: N 60°00'55" E, a distance of 433.44 feet to a 1/2-inch iron pipe with cap stamped BROWN & GAY found for the point of curvature of a curve to the right; In a northeasterly direction, 1,019.41 feet along the arc of said curve to the right, having a radius of 1,359.50 feet, a central angle of 42°57'46" and a chord which bears N 81°27'27" E, 995.70 feet to a 1/2-inch iron pipe with cap stamped BROWN & GAY found for the point of tangency; S 77°03'40" E, a distance of 246.90 feet to a 1/2-inch iron pipe with cap stamped BROWN & GAY found for the point of curvature of a curve to the left; In a northeasterly direction, 809.85 feet along the arc of said curve to the left, having a radius of 1,025.00 feet, a central angle of 45°16'10" and a chord which bears N 80°18'15" E, 788.95 feet to a 1/2-inch iron pipe with cap stamped BROWN & GAY found for the end of said curve; N 55°21'52" E, a distance of 98.82 feet to a 1/2-inch iron pipe with cap stamped BROWN & GAY found for an angle point; N 52°08'44" E, a distance of 181.38 feet to a 1/2-inch iron pipe with cap stamped BROWN & GAY found for the western point of a cutback corner; S 83°27'23" E, a distance of 21.43 feet to a 1/2-inch iron pipe with cap stamped BROWN & GAY found for the eastern point of said cutback corner and being in the western right-of-way line of said Cutten Road; THENCE in a southeasterly direction along said western right-of-way line, 168.35 feet along the arc of a curve to the right, having a radius of 1,940.00 feet, a central angle of 04°58'19" and a chord which bears S 36°21'02" E, 168.30 feet to the POINT OF BEGINNING and containing 42.34 acres of land. Bearing orientation is based on the Texas State Plane Coordinate System, South Central Zone, NAD-83. Tract 5 DESCRIPTION OF 7.385 ACRES OF LAND SITUATED IN THE ABRAHAM LEWIS SURVEY, ABSTRACT 506 HARRIS COUNTY, TEXAS BEING 7.385 acres of land situated in the Abraham Lewis Survey, Abstract 506, Harris County, Texas and being out of the remainder of a called 377.2 acre tract of land described in a deed recorded under Harris County Clerk's File Number Y535697, said 7.385 acre tract being more particularly described by metes and bounds as follows: COMMENCING at a 5/8-inch iron rod with cap stamped BROWN & GAY found for the southeast corner of a called 10.00 acre tract of land described as KELSEY-SEYBOLD CLINIC AT THE VINTAGE as shown on the plat recorded under Film Code No. 621158 of the Harris County Map Records (H.C.M.R.) and the northeast corner of a called 4.061 acre tract described and recorded under H.C.C.F. No. 20100522555, said iron rod being in the western right-of-way line of Chasewood Park Drive (80-foot wide) as shown on the plat recorded under Film Code No. 622223 of the H.C.M.R.; THENCE N 86°14'20" W, a distance of 488.00 feet along the line common to said 10.00 acre tract and said 4.061 acre tract to a 5/8-inch iron rod with cap stamped BROWN & GAY found for the northwest corner of said 4.061 acre tract and the most northerly northeast corner of the herein described tract and being the POINT OF BEGINNING; THENCE along the western lines of said 4.061 acre tract the following three (3) courses: S 03°45'40" W, 139.24 feet to a 5/8-inch iron rod with cap stamped BROWN & GAY found for an angle point; S 32°22'44" E, 350.75 feet to a 5/8-inch iron rod with cap stamped BROWN & GAY found for an angle point; S 86°14'20" E, 281.14 feet to a 5/8-inch iron rod with cap stamped BROWN & GAY found for the southeast corner of said 4.061 acre tract and the most easterly northeast corner of the herein described tract and being in the western right-of-way line of said Chasewood Park Drive: THENCE along the western right-of-way of said Chasewood Park Drive the following two (2) courses: S 03°45'40" W, 21.54 feet to a 1/2-inch iron pipe with cap stamped BROWN & GAY found for the point of curvature of a curve to the right; In a southwesterly direction, 403.96 feet along the arc of said curve to the right, having a radius of 460.00 feet, a central angle of 50°18'56" and whose chord bears S 28°55'08" W, 391.10 feet to a point for corner; THENCE S 41°09'52" E, a distance of 139.70 feet to a 5/8-inch iron rod with cap stamped BROWN & GAY found for the point of curvature of a curve to the right and being in a western line of a called 81.80 acre tract described and recorded under H.C.C.F. No. 20080609849; THENCE along the western lines of said 81.80 acre tract the following three (3) courses: In a southwesterly direction, 37.21 feet along the arc of a curve to the right, having a radius of 25.00 feet, a central angle of 85°16'22" and whose chord bears S 01°28'19" W, 33.87 feet to a 5/8-inch iron rod with cap stamped BROWN & GAY found for the point of tangency of said curve; S 44°06'30" W, a distance of 78.43 feet to a 5/8-inch iron rod with cap stamped BROWN & GAY set for the point of curvature of a curve to the left; In a southwesterly direction, 76.55 feet along the arc of said curve to the left, having a radius of 75.00 feet, a central angle of 58°28'53" and whose chord bears S 14°52'04" W, 73.27 feet to a 5/8-inch iron rod with cap stamped BROWN & GAY set for the end of said curve and being in the eastern right-of-way line of State Highway 249 (width varies), same also being the most southerly corner of the herein described tract; THENCE along the eastern right-of-way line of State Highway 249 the following seven (7) courses: In a northwesterly direction, 55.16 feet along the arc of a curve to the right, having a radius of 190.00 feet, a central angle of 16°38'00" and whose chord bears N 06°03'23" W, 54.96 feet to a point for corner; N 86°51'12" W, 48.02 feet to a point for corner; In a northwesterly direction, 259.99 feet along the arc of a curve to the left, having a radius of 14,873.00 feet, a central angle of 01°00'06" and whose chord bears N 30°41'18" W, 259.99 feet to a TxDot Monument found for the point of tangency; N 25°32'49" E, a distance of 48.28 feet to a point for the beginning of a curve to the right; In a northwesterly direction, 106.45 feet along the arc of said curve to the right, having a radius of 190.00 feet, a central angle of 32°06'03" and whose chord bears N 47°43'44" W, 105.06 feet to a TxDot Monument found for the point of reverse curvature; In a northwesterly direction, 458.70 feet along the arc of a curve to the left, having a radius of 14,884.00 feet, a central angle of 01°45'57" and whose chord bears N 32°33'42" W, 458.68 feet to a TxDot Monument found for the beginning of a reverse curve; In a northwesterly direction, 377.21 feet along the arc of a curve to the right, having a radius of 2,849.79 feet, a central angle of 07°35'02" and whose chord bears N 29°39'10" W, 376.93 feet to a 5/8-inch iron rod found for the southwest corner of said 10.00 acre tract and the northwest corner of the herein described tract; THENCE S 86°14'20" E, a distance of 391.16 feet along the line common to said 10.00 acre tract and the herein described tract to the POINT OF BEGINNING and containing 7.385 acres of land. Bearing orientation is based on the Texas State Plane Coordinate System, South Central Zone, NAD-83. Tract 6 DESCRIPTION OF A 3.081 ACRE TRACT OF LAND SITUATED IN THE ABRAHAM LEWIS SURVEY, A-506 AND TOBIAS K. WHEELER SURVEY, A-826 HARRIS COUNTY, TEXAS BEING a 3.081 acre tract of land situated in the Abraham Lewis Survey, Abstract No. 506 and Tobias K. Wheeler Survey, Abstract No. 826, Harris County, Texas, being out of Reserve "A" of Vintage Park Reserves as shown on the plat recorded under Film Code No. 612015 of the Harris County Map Records (H.C.M.R.) and being part of the remainder of a called 84.62 acre tract as recorded under Harris County Clerk's File (H.C.C.F.) No. Y535709, said 3.081 acre tract being more particularly described by metes and bounds as follows: BEGINNING at a 5/8-inch iron rod with cap stamped "Bury & Partners" found for the southwest corner of a 15.13 acre tract described and recorded under H.C.C.F. No. Z444150, said iron rod being in the northeast right-of-way line of Highway 249 (width varies); THENCE, EAST, a distance of 552.94 feet along the line common to said 15.13 acre tract and the herein described tract to a 5/8-inch iron rod found for the southeast corner of said 15.13 acre tract and an interior corner of the herein described tract; NORTH, a distance of 7.89 feet to a 5/8-inch iron rod with cap stamped "Brown & Gay" set for the northeast corner of the herein described tract and being in the west line of a 100-foot wide Public Utility Easement as shown on the plat of said Vintage Park Reserves; THENCE, S 11°00'00" E, a distance of 244.52 feet to a scribed "X" in concrete found for the southeast corner of the herein described tract and being in the northerly right-of-way line of Vintage Preserve Parkway (width varies) as shown on the plat recorded under Film Code No. 615128 of the H.C.M.R.; THENCE, in a southwesterly direction along said northerly right-of-way line, 261.72 feet along the arc of a curve to the left, having a radius of 600.00 feet, a central angle of 24°59'34" and whose chord bears S 64°22'11" W, 259.65 feet to a 5/8-inch iron rod with cap stamped "Brown & Gay" set for the point of reverse curvature; THENCE, in a southwesterly direction continuing along said northerly right-of-way line, 52.34 feet along the arc of a curve to the right, having a radius of 50.00 feet, a central angle of 59°58'52" and whose chord bears S 81°51'50" W, 49.98 feet to a scribed "X" in concrete found for the point of reverse curvature and being in the northeast right-of-way line of said Highway 249; THENCE, N 05°58'15" E, a distance of 16.40 feet along the northeast right-of-way line of said Highway 249 to a brass disk stamped Texas Department of Transpotation (TxDot) found for a corner; THENCE, in a northwesterly direction continuing along said northeast right-of-way line, 65.47 feet along the arc of a curve to the right, having a radius of 90.00 feet, a central angle of 41°40'53" and whose chord bears N 60°48'21" W, 64.04 feet to a TxDot brass disk found for the point of reverse curvature; THENCE, in a northwesterly direction, 401.21 feet continuing along said northeast right-of-way line along the arc of a curve to the left, having a radius of 14,884.00 feet, a central angle of 01°32'40" and whose chord bears N 40°44'14" W, 401.19 feet to the POINT OF BEGINNING and containing 3.081 acres of land. Bearing orientation is based on the Texas State Plane Coordinate System, South Central Zone, NAD-83. Tract 7 DESCRIPTION OF A 31.39 ACRE TRACT OF LAND SITUATED IN THE ABRAHAM LEWIS SURVEY, A-506 HARRIS COUNTY, TEXAS BEING a 31.39 acre tract of land situated in the Abraham Lewis Survey, Abstract No. 506, Harris County, Texas, being part of a called 38.29 acre tract as recorded under Harris County Clerk's File (H.C.C.F.) No. Z412445 and being out of Restricted Reserve "A" of Vintage Park Reserves a subdivision of record as shown on the plat recorded under Film Code No. 612015 of the Harris County Map Record (H.C.M.R.), said 31.39 acre tract being more particularly described by metes and bounds as follows: COMMENCING at a 5/8-inch iron rod with cap stamped "Brown & Gay" found for the northeast corner of said Vintage Park Reserves and being in the western line of a called Harris County Flood Control District 200-foot wide drainage easement as recorded under H.C.C.F. No. E646985, said iron rod also being in the south right-of-way line of Louetta Road (120-foot wide) as recorded under H.C.C.F. No(s). H467527 thru H467530 and M825809; THENCE, along the south right-of-way line of said Louetta Road and along the north line of said Vintage Park Reserves the following two (2) courses: S 69°46'58" W, 95.60 feet to a 5/8-inch iron rod with cap stamped "Brown & Gay" found for the point of curvature of a curve to the right; In a southwesterly direction, 769.61 feet along the arc of said curve to the right, having a radius of 3,050.00 feet, a central angle of 14°27'27" and whose chord bears S 77°00'42" W, 767.57 feet to a 5/8-inch iron rod w/cap "Brown & Gay" found for the northwest corner of Chasewood Park Drive as shown on the plat recorded under Film Code No. 612015 of the H.C.M.R.; THENCE, in a southeasterly direction with the western right-of-way line of said Chasewood Park drive, 39.27 feet along the arc of a curve to the right, having a radius of 25.00 feet, a central angle of 90°00'00" and whose chord bears S 45°00'00" E, 35.36 feet to a 5/8-inch iron rod w/cap "Brown & Gay" found for the point of tangency; THENCE, SOUTH, 147.06 feet continuing with said western right-of-way line to the northeast corner of the herein described tract and being the POINT OF BEGINNING; THENCE, continuing with the western right-of-way line of said Chasewood Park Drive the following seven (7) courses: SOUTH, 814.20 feet to a 5/8-inch iron rod w/cap "Brown & Gay" found for the point of curvature of a curve to the left; In a southeasterly direction, 90.32 feet along the arc of said curve to the left, having a radius of 345.00 feet, a central angle of 15°00'00" and whose chord bears S 07°30'00" E, 90.06 feet to a 5/8-inch iron rod w/cap "Brown & Gay" found for the point of tangency; S 15°00'00" E, 542.24 feet to a 5/8-inch iron rod w/cap "Brown & Gay" found for the point of curvature of a curve to the right; In a southeasterly direction, 83.50 feet along the arc of said curve to the right, having a radius of 255.00 feet, a central angle of 18°45'40" and whose chord bears S 05°37'10" E, 83.13 feet to a 5/8-inch iron rod w/cap "Brown & Gay" found for the point of tangency; S 03°45'40" W, 1.91 feet to a 5/8-inch iron rod w/cap "Brown & Gay" found for the point of curvature of a curve to the right; In a southwesterly direction, 42.15 feet along the arc of said curve to the right, having a radius of 25.00 feet, a central angle of 96°36'02" and whose chord bears S 52°03'41" W, 37.33 feet to a 5/8-inch iron rod w/cap "Brown & Gay" found for a corner of the herein described tract; S 10°21'42" W, 10.00 feet to a 5/8-inch iron rod w/cap "Brown & Gay" found for the southeast corner of the herein described tract and lying in the northerly right-of-way line of Vintage Reserves Parkway Sec 2 (width varies) as recorded under Film Code No. 615128 of the H.C.M.R.; THENCE, along the northerly right-of-way line of said Vintage Preserves Parkway Sec 2 and along the south line of said Vintage Park Reserves the following three (3) courses: In a northwesterly direction, 330.43 feet along the arc of a curve to the right, having a radius of 725.00 feet, a central angle of 26°06'48" and whose chord bears N 66°34'54" W, 327.58 feet to a "X" in concrete found for the point of tangency; N 53°31'30" W, 709.31 feet to a "X" in concrete found for the point of curvature of a curve to the left; In a northwesterly direction, 419.28 feet along the arc of said curve to the left, having a radius of 600.00 feet, a central angle of 40°02'18" and whose chord bears N 73°32'39" W, 410.80 feet to the southwest corner of the herein described tract and being in the eastern line of a 100-foot wide Public Utility Easement as shown on the plat of said Vintage Park Reserves; THENCE, departing said northerly right-of-way line and along the eastern lines of said easement the following two (2) courses: N 11°00'00" W, 265.73 feet to an angle point; NORTH, 574.43 feet to the northwest corner of the herein described tract and the southwest corner of a called 0.8532 acre tract as described in deed recorded under H.C.C.F. No. 20060282650; THENCE, departing the eastern line of said easement and along the southern lines of said 0.8532 acre tract and a called 0.8343 acre tract as described in deed recorded under H.C.C.F. No. 20070048209 also a called 0.7235 acre tract as described in deed recorded under H.C.C.F. No. 20070012435 the following five (5) courses: EAST, a distance of 203.82 feet to a 5/8-inch iron rod with cap stamped "Brown & Gay" found for an angle point; N 86°17'59" E, a distance of 294.34 feet to an angle point; EAST, a distance of 310.25 feet to a 5/8-inch iron rod with cap stamped "Brown & Gay" found for an angle point; N 83°13'17" E, a distance of 187.91 feet to a 5/8-inch iron rod with cap stamped "Brown & Gay" found for an angle point; EAST, a distance of 192.37 feet to the POINT OF BEGINNING and containing 31.39 acres of land. Bearing orientation is based on the Texas State Plane Coordinate System, South Central Zone, NAD-83. Tract 8 DESCRIPTION OF A 17.24 ACRE TRACT OF LAND SITUATED IN THE ABRAHAM LEWIS SURVEY, A-506 HARRIS COUNTY, TEXAS BEING a 17.24 acre tract of land situated in the Abraham Lewis Survey, Abstract No. 506, Harris County, Texas, being part of Restricted Reserve "C" of Vintage Park Reserves as shown on the plat recorded under Film Code No. 612015 of the Harris County Map Records (H.C.M.R.), said 17.24 acre tract being more particularly described by metes and bounds as follows: BEGINNING at a 1/2-inch iron pipe with cap stamped "Brown & Gay" found for the northeast corner of said Restricted Reserve "C" and being in the western line of a called Harris County Flood Control District 200-foot wide drainage easement as recorded under H.C.C.F. No. E646985, said iron rod also being in the southern right-of-way line of Louetta Road (120-foot wide) as recorded under H.C.C.F. No(s). H467527 thru H467530 and M825809; THENCE along the western lines of said drainage easement the following five (5) courses: S 13°53'27" E, 225.68 feet to a 5/8-inch iron rod found for an angle point; S 06°29'09" E, 113.13 feet to a 5/8-inch iron rod found for an angle point; S 19°57'50" W, 868.95 feet to a 1/2-inch iron pipe with cap stamped "Brown & Gay" found for an angle point; S 06°59'53" E, 150.54 feet to a 1/2-inch iron pipe with cap stamped "Brown & Gay" found for an angle point; S 19°49'23" E, 89.90 feet to the southeast corner of the herein described tract; THENCE S 67°10'22" W, at 47.63 feet passing a 5/8-inch iron rod with cap stamped "Brown & Gay" found for the northeast corner of a called 2.698 acre tract described and recorded under H.C.C.F. No. 20070638435 and continuing a total distance of 329.63 feet to a 5/8-inch iron rod with cap stamped "Brown & Gay" found for the northwest corner of said 2.698 acre tract; THENCE S 22°49'38" E, 419.11 feet to an "X" scribed on top of curb found for the southwest corner of said 2.698 acre tract and being in the northern right-of-way line of Vintage Preserve Parkway (width varies) as shown on the plat recorded under Film Code No. 516128 of the H.C.M.R.; THENCE, in a southwesterly direction with the northern right-of-way line of said Vintage Preserve Parkway 219.12 feet along the arc of a curve to the right, having a radius of 725.00 feet, a central angle of 17°18'59" and a chord which bears S 80°03'25" W, 218.28 feet to a 5/8-inch iron rod with cap stamped "Brown & Gay" found for the southwest corner of the herein described tract and being in the eastern right-of-way line of Chasewood Park Drive (width varies) as shown on the plat recorded under Film Code No. 612015 of the H.C.M.R.; THENCE, along the eastern right-of-way lines of said Chasewood Park Drive the following seven (7) courses: N 01°17'05" W, 10.00 feet to a 5/8-inch iron rod with cap stamped "Brown & Gay" found for corner; In a northwesterly direction, 41.47 feet along the arc of a curve to the right, having a radius of 25.00 feet, a central angle of 95°02'45" and whose chord bears N 43°45'42" W, 36.88 feet to a 5/8-inch iron rod with cap stamped "Brown & Gay" found for the point of tangency; N 03°45'40" E, 3.81 feet to a 5/8-inch iron rod with cap stamped "Brown & Gay" found for the point of curvature of a curve to the left; In a northwesterly direction, 112.97 feet along the arc of said curve to the left, having a radius of 345.00 feet, a central angle of 18°45'40" and whose chord bears N 05°37'10" W, 112.46 feet to a 5/8-inch iron rod with cap stamped "Brown & Gay" found for the point of tangency; N 15°00'00" W, 542.24 feet to a 5/8-inch iron rod with cap stamped "Brown & Gay" found for the point of curvature of a curve to the right; In a northwesterly direction, 66.76 feet along the arc of said curve to the right, having a radius of 255.00 feet, a central angle of 15°00'00" and whose chord bears N 07°30'00" W, 66.57 feet to a 5/8-inch iron rod with cap stamped "Brown & Gay" set for a 5/8-inch iron rod with cap stamped "Brown & Gay" found for the point of tangency; NORTH, 518.30 feet to a 5/8-inch iron rod with cap stamped "Brown & Gay" found for the southwest corner of a 2.800 acre tract previously surveyed; THENCE leaving the eastern right-of-way line of said Chasewood Park drive and over and across said Restricted Reserve "C" the following three (3) courses: EAST, 463.75 feet to a 5/8-inch iron rod with cap stamped "Brown & Gay" found for the southeast corner of said 2.800 acre tract; NORTH, 301.90 feet to a point for corner; WEST, 242.75 feet to a 5/8-inch iron rod found for the southeast corner of a called 0.8655 acre tract described and recorded under Harris County Clerk's File No. 20070061250; THENCE NORTH, 219.14 feet along the east line of said 0.8655 acre tract to the northwest corner of the herein described tract and being in the southern right-of-way line of said Louetta Road; THENCE, along the southern right-of-way line of said Louetta Road and along the north line of said Restricted Reserve "C" the following two (2) courses: In a northeasterly direction, 429.28 feet along the arc of a curve to the left, having a radius of 3,050.00 feet, a central angle of 08°03'51" and whose chord bears N 73°48'54" E, 428.93 feet to a 1/2-inch iron pipe with cap stamped "Brown & Gay" found for the point of tangency; N 69°46'58" E, 95.60 feet to the POINT OF BEGINNING and containing 17.24 acres of land. Bearing orientation is based on the Texas State Plane Coordinate System, South Central Zone, NAD-83. 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, 2011.