Texas 2017 - 85th Regular

Texas Senate Bill SB2249 Compare Versions

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11 85R8261 SMT-F
22 By: Creighton S.B. No. 2249
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the creation of the East Lake Houston Management
88 District; providing authority to issue bonds; providing authority
99 to impose assessments, fees, or taxes.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Subtitle C, Title 4, Special District Local Laws
1212 Code, is amended by adding Chapter 3936 to read as follows:
1313 CHAPTER 3936. EAST LAKE HOUSTON MANAGEMENT DISTRICT
1414 SUBCHAPTER A. GENERAL PROVISIONS
1515 Sec. 3936.001. DEFINITIONS. In this chapter:
1616 (1) "Board" means the district's board of directors.
1717 (2) "City" means the city of Houston.
1818 (3) "Director" means a board member.
1919 (4) "District" means the East Lake Houston Management
2020 District.
2121 Sec. 3936.002. CREATION AND NATURE OF DISTRICT. The
2222 district is a special district created under Section 59, Article
2323 XVI, Texas Constitution.
2424 Sec. 3936.003. PURPOSE; LEGISLATIVE FINDINGS. (a) The
2525 creation of the district is essential to accomplish the purposes of
2626 Sections 52 and 52-a, Article III, and Section 59, Article XVI,
2727 Texas Constitution, and other public purposes stated in this
2828 chapter. By creating the district and in authorizing the city and
2929 other political subdivisions to contract with the district, the
3030 legislature has established a program to accomplish the public
3131 purposes set out in Section 52-a, Article III, Texas Constitution.
3232 (b) The creation of the district is necessary to promote,
3333 develop, encourage, and maintain employment, commerce,
3434 transportation, housing, tourism, recreation, the arts,
3535 entertainment, economic development, safety, and the public
3636 welfare in the district.
3737 (c) The district is created to supplement and not to
3838 supplant city services provided in the district.
3939 Sec. 3936.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
4040 The district is created to serve a public use and benefit.
4141 (b) All land and other property included in the district
4242 will benefit from the improvements and services to be provided by
4343 the district under powers conferred by Sections 52 and 52-a,
4444 Article III, and Section 59, Article XVI, Texas Constitution, and
4545 other powers granted under this chapter.
4646 (c) The creation of the district is in the public interest
4747 and is essential to further the public purposes of:
4848 (1) developing and diversifying the economy of the
4949 state;
5050 (2) eliminating unemployment and underemployment;
5151 (3) developing or expanding transportation and
5252 commerce; and
5353 (4) providing quality residential housing.
5454 (d) The district will:
5555 (1) promote the health, safety, and general welfare of
5656 residents, employers, potential employees, employees, visitors,
5757 and consumers in the district, and of the public;
5858 (2) provide needed funding for the district to
5959 preserve, maintain, and enhance the economic health and vitality of
6060 the district territory as a residential community and business
6161 center; and
6262 (3) promote the health, safety, welfare, and enjoyment
6363 of the public by providing pedestrian ways and by landscaping,
6464 removing graffiti from, and developing certain areas in the
6565 district, which are necessary for the restoration, preservation,
6666 and enhancement of scenic beauty.
6767 (e) Pedestrian ways along or across a street, whether at
6868 grade or above or below the surface, and street lighting, street
6969 landscaping, vehicle parking, and street art objects are parts of
7070 and necessary components of a street and are considered to be an
7171 improvement project that includes a street or road improvement.
7272 (f) The district will not act as the agent or
7373 instrumentality of any private interest even though the district
7474 will benefit many private interests as well as the public.
7575 Sec. 3936.005. DISTRICT TERRITORY. (a) The district is
7676 initially composed of the territory described by Section 2 of the
7777 Act enacting this chapter.
7878 (b) The boundaries and field notes contained in Section 2 of
7979 the Act enacting this chapter form a closure. A mistake in the
8080 field notes or in copying the field notes in the legislative process
8181 does not affect the district's:
8282 (1) organization, existence, or validity;
8383 (2) right to issue any type of bond for the purposes
8484 for which the district is created or to pay the principal of and
8585 interest on a bond;
8686 (3) right to impose or collect an assessment or tax; or
8787 (4) legality or operation.
8888 Sec. 3936.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
8989 (a) All or any part of the area of the district is eligible to be
9090 included in:
9191 (1) a tax increment reinvestment zone created under
9292 Chapter 311, Tax Code;
9393 (2) a tax abatement reinvestment zone created under
9494 Chapter 312, Tax Code;
9595 (3) an enterprise zone created under Chapter 2303,
9696 Government Code; or
9797 (4) an industrial district created under Chapter 42,
9898 Local Government Code.
9999 (b) If the city creates a tax increment reinvestment zone
100100 described by Subsection (a), the city and the board of directors of
101101 the zone, by contract with the district, may grant money deposited
102102 in the tax increment fund to the district to be used by the district
103103 for the purposes permitted for money granted to a corporation under
104104 Section 380.002(b), Local Government Code, including the right to
105105 pledge the money as security for any bonds issued by the district
106106 for an improvement project.
107107 (c) A tax increment reinvestment zone created by the city in
108108 the district is not subject to the limitations provided by Section
109109 311.006(b), Tax Code.
110110 Sec. 3936.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
111111 DISTRICTS LAW. Except as otherwise provided by this chapter,
112112 Chapter 375, Local Government Code, applies to the district.
113113 Sec. 3936.008. CONSTRUCTION OF CHAPTER. This chapter shall
114114 be liberally construed in conformity with the findings and purposes
115115 stated in this chapter.
116116 SUBCHAPTER B. BOARD OF DIRECTORS
117117 Sec. 3936.051. GOVERNING BODY; TERMS. The district is
118118 governed by a board of five voting directors who serve staggered
119119 terms of four years with two or three directors' terms expiring June
120120 1 of each odd-numbered year.
121121 Sec. 3936.052. QUALIFICATIONS OF DIRECTORS APPOINTED BY
122122 CITY. To be qualified to serve as a director appointed by the
123123 governing body of the city, a person must be:
124124 (1) a resident of the district who is also a registered
125125 voter of the district;
126126 (2) an owner of property in the district;
127127 (3) an owner of stock or a partnership or membership
128128 interest, whether beneficial or otherwise, of a corporate
129129 partnership, limited liability company, or other entity owner of a
130130 direct or indirect interest in property in the district;
131131 (4) an owner of a beneficial interest in a trust, or a
132132 trustee in a trust, that directly or indirectly owns property in the
133133 district;
134134 (5) an agent, employee, or tenant of a person
135135 described by Subdivision (2), (3), or (4); or
136136 (6) an initial director.
137137 Sec. 3936.053. APPOINTMENT OF DIRECTORS. The governing
138138 body of the city shall appoint directors from persons recommended
139139 by the board.
140140 Sec. 3936.054. VACANCY. If a vacancy occurs on the board,
141141 the remaining directors shall appoint a director for the remainder
142142 of the unexpired term.
143143 Sec. 3936.055. DIRECTOR'S OATH OR AFFIRMATION. (a) A
144144 director shall file the director's oath or affirmation of office
145145 with the district, and the district shall retain the oath or
146146 affirmation in the district records.
147147 (b) A director shall file a copy of the director's oath or
148148 affirmation with the secretary of the city.
149149 Sec. 3936.056. QUORUM. A vacant director position is not
150150 counted for purposes of establishing a quorum.
151151 Sec. 3936.057. OFFICERS. The board shall elect from among
152152 the directors a chair, a vice chair, and a secretary. The offices
153153 of chair and secretary may not be held by the same person.
154154 Sec. 3936.058. COMPENSATION; EXPENSES. (a) The district
155155 may compensate each director in an amount not to exceed $50 for each
156156 board meeting. The total amount of compensation a director may
157157 receive each year may not exceed $2,000.
158158 (b) A director is entitled to reimbursement for necessary
159159 and reasonable expenses incurred in carrying out the duties and
160160 responsibilities of the board.
161161 Sec. 3936.059. LIABILITY INSURANCE. The district may obtain
162162 and pay for comprehensive general liability insurance coverage from
163163 a commercial insurance company or other source that protects and
164164 insures a director against personal liability and from all claims
165165 relating to:
166166 (1) actions taken by the director in the director's
167167 capacity as a member of the board;
168168 (2) actions and activities taken by the district; or
169169 (3) the actions of others acting on behalf of the
170170 district.
171171 Sec. 3936.060. NO EXECUTIVE COMMITTEE. The board may not
172172 create an executive committee to exercise the powers of the board.
173173 Sec. 3936.061. BOARD MEETINGS. The board shall hold
174174 meetings at a place accessible to the public.
175175 Sec. 3936.062. INITIAL DIRECTORS. (a) The initial board
176176 consists of:
177177 Pos. No. Name of Director Pos. No. Name of Director
178178 Pos. No. Name of Director
179179 1 __________ 1 __________
180180 1 __________
181181 2 __________ 2 __________
182182 2 __________
183183 3 __________ 3 __________
184184 3 __________
185185 4 __________ 4 __________
186186 4 __________
187187 5 __________ 5 __________
188188 5 __________
189189 (b) The terms of the initial directors expire June 1, 2019.
190190 (c) Of the directors who replace an initial director, the
191191 terms of directors serving in positions 1 through 3 expire June 1,
192192 2021, and the terms of directors serving in positions 4 and 5 expire
193193 June 1, 2023.
194194 (d) Section 3936.052 does not apply to initial directors
195195 under this section.
196196 (e) This section expires September 1, 2023.
197197 SUBCHAPTER C. POWERS AND DUTIES
198198 Sec. 3936.101. GENERAL POWERS AND DUTIES. The district has
199199 the powers and duties necessary to accomplish the purposes for
200200 which the district is created.
201201 Sec. 3936.102. IMPROVEMENT PROJECTS AND SERVICES. The
202202 district may provide, design, construct, acquire, improve,
203203 relocate, operate, maintain, or finance an improvement project or
204204 service using money available to the district, or contract with a
205205 governmental or private entity to provide, design, construct,
206206 acquire, improve, relocate, operate, maintain, or finance an
207207 improvement project or service authorized under this chapter or
208208 Chapter 375, Local Government Code.
209209 Sec. 3936.103. LOCATION OF IMPROVEMENT PROJECT. An
210210 improvement project described by Section 3936.102 may be located:
211211 (1) in the district; or
212212 (2) in an area outside but adjacent to the district if
213213 the project is for the purpose of extending a public infrastructure
214214 improvement beyond the district's boundaries to a logical terminus.
215215 Sec. 3936.104. DEVELOPMENT CORPORATION POWERS. The
216216 district, using money available to the district, may exercise the
217217 powers given to a development corporation under Chapter 505, Local
218218 Government Code, including the power to own, operate, acquire,
219219 construct, lease, improve, or maintain a project under that
220220 chapter.
221221 Sec. 3936.105. NONPROFIT CORPORATION. (a) The board by
222222 resolution may authorize the creation of a nonprofit corporation to
223223 assist and act for the district in implementing a project or
224224 providing a service authorized by this chapter.
225225 (b) The nonprofit corporation:
226226 (1) has each power of and is considered to be a local
227227 government corporation created under Subchapter D, Chapter 431,
228228 Transportation Code; and
229229 (2) may implement any project and provide any service
230230 authorized by this chapter.
231231 (c) The board shall appoint the board of directors of the
232232 nonprofit corporation. The board of directors of the nonprofit
233233 corporation shall serve in the same manner as the board of directors
234234 of a local government corporation created under Subchapter D,
235235 Chapter 431, Transportation Code, except that a board member is not
236236 required to reside in the district.
237237 Sec. 3936.106. AGREEMENTS; GRANTS. (a) As provided by
238238 Chapter 375, Local Government Code, the district may make an
239239 agreement with or accept a gift, grant, or loan from any person.
240240 (b) The implementation of a project is a governmental
241241 function or service for the purposes of Chapter 791, Government
242242 Code.
243243 Sec. 3936.107. LAW ENFORCEMENT SERVICES. To protect the
244244 public interest, the district may contract with a qualified party,
245245 including the city or a county, to provide law enforcement services
246246 in the district for a fee.
247247 Sec. 3936.108. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
248248 district may join and pay dues to a charitable or nonprofit
249249 organization that performs a service or provides an activity
250250 consistent with the furtherance of a district purpose.
251251 Sec. 3936.109. ECONOMIC DEVELOPMENT. (a) The district may
252252 engage in activities that accomplish the economic development
253253 purposes of the district.
254254 (b) The district may establish and provide for the
255255 administration of one or more programs to promote state or local
256256 economic development and to stimulate business and commercial
257257 activity in the district, including programs to:
258258 (1) make loans and grants of public money; and
259259 (2) provide district personnel and services.
260260 (c) The district may create economic development programs
261261 and exercise the economic development powers that:
262262 (1) Chapter 380, Local Government Code, provides to a
263263 municipality; and
264264 (2) Subchapter A, Chapter 1509, Government Code,
265265 provides to a municipality.
266266 Sec. 3936.110. REAL PROPERTY RESTRICTIONS. (a) The
267267 district may adopt restrictions on the use of real property in the
268268 district.
269269 (b) The district may enforce restrictions on the use of real
270270 property in the district in the manner provided for a municipal
271271 utility district by Section 54.237, Water Code.
272272 Sec. 3936.111. MUNICIPAL UTILITY DISTRICT POWERS. The
273273 district has the powers granted to a municipal utility district by
274274 Subchapter D, Chapter 54, Water Code.
275275 Sec. 3936.112. CONCURRENCE ON ADDITIONAL POWERS. If the
276276 legislature grants the district a power that is in addition to the
277277 powers approved by the initial resolution of the governing body of
278278 the city consenting to the creation of the district, the district
279279 may not exercise that power unless the governing body of the city
280280 consents to that change by resolution.
281281 Sec. 3936.113. NO EMINENT DOMAIN POWER. The district may
282282 not exercise the power of eminent domain.
283283 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
284284 Sec. 3936.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The
285285 board by resolution shall establish the number of signatures and
286286 the procedure required for a disbursement or transfer of the
287287 district's money.
288288 Sec. 3936.152. MONEY USED FOR IMPROVEMENTS OR SERVICES.
289289 The district may acquire, construct, finance, operate, or maintain
290290 an improvement project or service authorized under this chapter or
291291 Chapter 375, Local Government Code, using any money available to
292292 the district.
293293 Sec. 3936.153. GENERAL POWERS REGARDING PAYMENT OF DISTRICT
294294 BONDS, OBLIGATIONS, OR OTHER COSTS. The district may provide or
295295 secure the payment or repayment of any bond, note, or other
296296 temporary or permanent obligation or reimbursement or other
297297 contract with any person and the costs and expenses of the
298298 establishment, administration, and operation of the district and
299299 the district's costs or share of the costs or revenue of an
300300 improvement project or district contractual obligation or
301301 indebtedness by:
302302 (1) the imposition of an ad valorem tax or sales and
303303 use tax or an assessment, user fee, concession fee, or rental
304304 charge; or
305305 (2) any other revenue or resources of the district, or
306306 other revenue authorized by the city, including revenues from a tax
307307 increment reinvestment zone created by the city under applicable
308308 law.
309309 Sec. 3936.154. PETITION REQUIRED FOR FINANCING SERVICES AND
310310 IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
311311 service or improvement project with assessments under this chapter
312312 unless a written petition requesting that service or improvement
313313 has been filed with the board.
314314 (b) The petition must be signed by the owners of a majority
315315 of the assessed value of real property in the district subject to
316316 assessment according to the most recent certified tax appraisal
317317 roll for the county.
318318 Sec. 3936.155. METHOD OF NOTICE FOR HEARING. The district
319319 may mail the notice required by Section 375.115(c), Local
320320 Government Code, by certified or first class United States mail.
321321 The board shall determine the method of notice.
322322 Sec. 3936.156. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
323323 The board by resolution may impose and collect an assessment for any
324324 purpose authorized by this chapter in all or any part of the
325325 district.
326326 (b) An assessment, a reassessment, or an assessment
327327 resulting from an addition to or correction of the assessment roll
328328 by the district, penalties and interest on an assessment or
329329 reassessment, an expense of collection, and reasonable attorney's
330330 fees incurred by the district:
331331 (1) are a first and prior lien against the property
332332 assessed;
333333 (2) are superior to any other lien or claim other than
334334 a lien or claim for county, school district, or municipal ad valorem
335335 taxes; and
336336 (3) are the personal liability of and a charge against
337337 the owners of the property even if the owners are not named in the
338338 assessment proceedings.
339339 (c) The lien is effective from the date of the board's
340340 resolution imposing the assessment until the date the assessment is
341341 paid. The board may enforce the lien in the same manner that the
342342 board may enforce an ad valorem tax lien against real property.
343343 (d) The board may make a correction to or deletion from the
344344 assessment roll that does not increase the amount of assessment of
345345 any parcel of land without providing notice and holding a hearing in
346346 the manner required for additional assessments.
347347 Sec. 3936.157. STORM WATER USER CHARGES. The district may
348348 establish user charges related to the operation of storm water
349349 facilities, including the regulation of storm water for the
350350 protection of water quality in the district.
351351 Sec. 3936.158. NONPOTABLE WATER USER CHARGES. The district
352352 may establish user charges for the use of nonpotable water for
353353 irrigation purposes, subject to approval of the governing body of
354354 the city.
355355 Sec. 3936.159. COSTS FOR IMPROVEMENT PROJECTS. The
356356 district may undertake separately or jointly with other persons,
357357 including the city or a county, all or part of the cost of an
358358 improvement project, including an improvement project:
359359 (1) for improving, enhancing, and supporting public
360360 safety and security, fire protection and emergency medical
361361 services, and law enforcement in or adjacent to the district; or
362362 (2) that confers a general benefit on the entire
363363 district or a special benefit on a definable part of the district.
364364 Sec. 3936.160. TAX AND ASSESSMENT ABATEMENTS. The district
365365 may designate reinvestment zones and may grant abatements of a tax
366366 or assessment on property in the zones.
367367 Sec. 3936.161. POWERS OF MUNICIPAL UTILITY DISTRICT TO
368368 ESTABLISH DEFINED AREAS AND DESIGNATED PROPERTY; TAXES; BONDS. The
369369 district has the powers of a municipal utility district under
370370 Subchapter J, Chapter 54, Water Code, including the power to:
371371 (1) implement a plan;
372372 (2) issue bonds; and
373373 (3) impose a tax in a defined area established under
374374 that subchapter.
375375 SUBCHAPTER E. TAXES AND BONDS
376376 Sec. 3936.201. TAX ABATEMENT. The district may enter into a
377377 tax abatement agreement in accordance with the general laws of this
378378 state authorizing and applicable to a tax abatement agreement by a
379379 municipality.
380380 Sec. 3936.202. PROPERTY TAX AUTHORIZED. (a) The district
381381 may impose an ad valorem tax on all taxable property in the district
382382 to:
383383 (1) pay for an improvement project of the types
384384 authorized by Section 52(b), Article III, and Section 59, Article
385385 XVI, Texas Constitution, and Chapter 54, Water Code; or
386386 (2) secure the payment of bonds issued for a purpose
387387 described by Subdivision (1).
388388 (b) The district may not impose an ad valorem tax to pay for
389389 an improvement project under this chapter unless the imposition is
390390 approved by the voters of the district voting at an election held
391391 for that purpose. The board may call an election to approve the
392392 imposition of an ad valorem tax to pay for an improvement project
393393 under this chapter only if the board receives a petition requesting
394394 the election signed by:
395395 (1) more than 51 percent of the record owners of real
396396 property in the district subject to taxation; or
397397 (2) owners representing more than 51 percent of the
398398 appraised value of real property in the district subject to
399399 taxation, as determined by the tax rolls of the appraisal district.
400400 Sec. 3936.203. SALES AND USE TAX. (a) The district may
401401 impose a sales and use tax if authorized by a majority of the voters
402402 of the district voting at an election called for that purpose.
403403 Revenue from the tax may be used for any purpose for which ad
404404 valorem tax revenue of the district may be used.
405405 (b) The district may not adopt a sales and use tax if as a
406406 result of the adoption of the tax the combined rate of all sales and
407407 use taxes imposed by the district and other political subdivisions
408408 of this state having territory in the district would exceed two
409409 percent at any location in the district.
410410 (c) If the voters of the district approve the adoption of
411411 the tax at an election held on the same election date on which
412412 another political subdivision adopts a sales and use tax or
413413 approves an increase in the rate of its sales and use tax and as a
414414 result the combined rate of all sales and use taxes imposed by the
415415 district and other political subdivisions of this state having
416416 territory in the district would exceed two percent at any location
417417 in the district, the election to adopt a sales and use tax under
418418 this chapter has no effect.
419419 Sec. 3936.204. BONDS AND OTHER OBLIGATIONS. (a) The
420420 district may issue, by public or private sale, bonds, notes, or
421421 other obligations payable wholly or partly from ad valorem taxes,
422422 sales and use taxes, or assessments in the manner provided by
423423 Subchapter A, Chapter 372, or Subchapter J, Chapter 375, Local
424424 Government Code.
425425 (b) In exercising the district's borrowing power, the
426426 district may issue a bond or other obligation in the form of a bond,
427427 note, certificate of participation or other instrument evidencing a
428428 proportionate interest in payments to be made by the district, or
429429 other type of obligation.
430430 (c) In addition to the sources of money described by
431431 Subchapter A, Chapter 372, and Subchapter J, Chapter 375, Local
432432 Government Code, district bonds may be secured and made payable
433433 wholly or partly by a pledge of any part of the money the district
434434 receives from improvement revenue or from any other source.
435435 Sec. 3936.205. BOND MATURITY. Bonds may mature not more
436436 than 40 years from their date of issue.
437437 Sec. 3936.206. TAXES FOR BONDS AND OTHER OBLIGATIONS. At
438438 the time bonds or other obligations payable wholly or partly from ad
439439 valorem taxes are issued:
440440 (1) the board shall impose a continuing direct annual
441441 ad valorem tax for each year that all or part of the bonds are
442442 outstanding; and
443443 (2) the district annually shall impose an ad valorem
444444 tax on all taxable property in the district in an amount sufficient
445445 to:
446446 (A) pay the interest on the bonds or other
447447 obligations as the interest becomes due; and
448448 (B) create a sinking fund for the payment of the
449449 principal of the bonds or other obligations when due or the
450450 redemption price at any earlier required redemption date.
451451 SUBCHAPTER F. DISSOLUTION
452452 Sec. 3936.251. DISSOLUTION BY CITY ORDINANCE. (a) The city
453453 by ordinance may dissolve the district.
454454 (b) The city may not dissolve the district until the
455455 district's outstanding debt or contractual obligations that are
456456 payable from ad valorem taxes have been repaid or discharged, or the
457457 city has affirmatively assumed the obligation to pay the
458458 outstanding debt from city revenue.
459459 Sec. 3936.252. COLLECTION OF ASSESSMENTS AND OTHER REVENUE.
460460 (a) If the dissolved district has bonds or other obligations
461461 outstanding secured by and payable from assessments or other
462462 revenue, other than ad valorem taxes, the city shall succeed to the
463463 rights and obligations of the district regarding enforcement and
464464 collection of the assessments or other revenue.
465465 (b) The city shall have and exercise all district powers to
466466 enforce and collect the assessments or other revenue to pay:
467467 (1) the bonds or other obligations when due and
468468 payable according to their terms; or
469469 (2) special revenue or assessment bonds or other
470470 obligations issued by the city to refund the outstanding bonds or
471471 obligations.
472472 Sec. 3936.253. ASSUMPTION OF ASSETS AND LIABILITIES. (a)
473473 After the city dissolves the district, the city assumes, subject to
474474 the appropriation and availability of funds, the obligations of the
475475 district, including any bonds or other debt payable from
476476 assessments or other district revenue.
477477 (b) If the city dissolves the district, the board shall
478478 transfer ownership of all district property to the city.
479479 SECTION 2. The East Lake Houston Management District
480480 initially includes all the territory contained in the following
481481 area:
482482 Tract 1 or East Lake Houston Tract is +/- 137 acres, within the F.
483483 Rankin Survey Abstract (No. 57) and situated southwest of
484484 intersection Crosby Huffman Road (Farm-to-Market Road 2100) and Old
485485 Atascocita Road in northeast Harris County with point of beginning
486486 being southeast corner of +/- 137 acre tract (ABST 57 F H RANKIN TRS
487487 8A & 8B) and west Right-Of-Way (ROW) of Crosby Huffman Road (FM
488488 2100) and north boundary of Spanish Cove Subdivision Section 2;
489489 Then generally west along south boundary of said 137 acre tract, and
490490 north boundary of Spanish Cove Subdivision Sections 1-2 to east ROW
491491 Union Pacific Railway (former BSL&W);
492492 Then northeast along the east ROW of Union Pacific Railway (former
493493 BSL&W) to a point southeast of northeast corner of 0.2914 acre
494494 parcel (ABST 57 F H RANKIN TRS 8B-1 & 8B-2 (LIFT STATION) (PT NM));
495495 Then northwest across ROW of Union Pacific Railway and along south
496496 boundary of said +/- 137 acre tract to northeast corner of said
497497 0.2914 acre parcel;
498498 Then west along south boundary of said +/- 137 acre tract and north
499499 boundary of said 0.2914 acre parcel to northwest corner of said
500500 0.2914 acre parcel;
501501 Then south along boundary line of said +/- 137 acre tract and west
502502 boundary of said 0.2914 acre parcel to southwest corner of said
503503 0.2914 parcel and north boundary of 0.455 acre parcel (SPANISH COVE
504504 SEC 1 LT 44 BLK 1);
505505 Then west along boundary line of said +/- 137 acre tract and north
506506 boundary of said 0.455 acre parcel, and 0.499 acre parcel (SPANISH
507507 COVE SEC 1 LT 43 BLK 1) to southwest corner of said +/- 137 acre
508508 tract;
509509 Then northeast and north along the west boundary of said +/- 137
510510 acre tract to northwest corner of said tract and southwest corner of
511511 0.73 acre tract (ABST 57 F H RANKIN TRS 1E 1F 1G & 1K);
512512 Then east along north boundary of said +/- 137 acre tract, across
513513 ROW of Union Pacific Railway to northeast corner of said tract and
514514 west ROW of Crosby Huffman Road (FM 2100);
515515 Then south along east boundary of said +/- 137 acre tract and west
516516 ROW of Crosby Huffman Road (FM 2100) to southeast corner of said +/-
517517 137 acre tract and point of beginning of +/-137 acre Tract 1;
518518 Tract 2 or Red Wolf Tract is +/- 298 acres (called 296.28 acres), is
519519 situated 1.3 miles northeast of intersection of Humble-Crosby Road
520520 (Farm-to-Market Road 2100) and Luce Bayou (trib. to Lake Houston)
521521 in northeast Harris County and being out of and a part of the JOHN R.
522522 RHEA SURVEY, A-62, Harris County, Texas, and being composed of that
523523 called 296.28 acre tract referred to as Exhibit A-2 in deed from
524524 Donald T. Keller, Jr., and Sanford G. Cohen as Substitute Trustees
525525 to LBP Properties, LLC as recorded in Harris County Clerk's File
526526 (HCCF) 20100142110 and that called 0.1261 acre tract conveyed to PB
527527 Advantage, LLC, a Texas limited liability company by LBP
528528 Properties, LLC, as recorded in HCCF 20110468701 and being more
529529 particularly described by metes and bounds as follows:
530530 The bearings in this description are based on the Texas State Plane
531531 Coordinate System, South Central Zone, NAD 83, as determined from
532532 GPS observations.
533533 BEGINNING at the northeast corner of a called 296.28 acre tract
534534 described in Exhibit "A-2" of HCCF 201001412110, said point being a
535535 brass disk in concrete, said point also being an interior corner of
536536 a called 530.18 acre tract designated Tract 2 Parcel D in that
537537 certain deed to Ned Holmes, recorded in HCCF F520006;
538538 THENCE along the east line of the called 296.28 acre tract and a
539539 westerly line of the said Holmes tract S 03°06'44" E a distance of
540540 3,188.97 feet (called S 00°24'06" E 3,186.25 feet) to a 5/8" iron rod
541541 found for corner in the southwest line of a Gulf States Utilities
542542 150' easement, same being the northeast line of Fairway Crossing At
543543 Lake Houston Sec Two, the map of which is recorded in HCCF# 420032;
544544 THENCE N 65°09'42" W along the northeast line of said subdivision
545545 and the southwest line of said easement a distance of 1,333.90 feet
546546 (called N 62°58'31"W 1,333.99 feet) to a 1/2"" iron rod found for
547547 corner at the intersection of the northeast line of said Fairway
548548 Crossing At Lake Houston Sec Two, and the easterly line of that
549549 certain called 14.49712 acre tract referred to as Tract C, Exhibit
550550 "2-C" as recorded in HCCF 20100142110;
551551 THENCE along the easterly line of said called 14.49712 acre tract as
552552 follows:
553553 N 80°54'19" E 236.13 feet (called N 82°01'21" E 243.56 feet in the
554554 called 296.28 acre description and N 83°50'49" E 235.81 feet in the
555555 called 14.49712 acre description) to a 1/2" iron rod found for
556556 corner;
557557 N 14°01'16" W 928.56 feet (called N 11°17'34" W 926.79 feet in the
558558 called 296.28 acre description and N 11°01'17" W 926.79 feet in the
559559 called 14.49712 acre description) to a 16d nail found for corner;
560560 N 25°46'00" E 391.76 feet (called N 28°05'34" E 381.49 feet in the
561561 called 296.28 acre description and N 28°30'46" E 392.75 feet in the
562562 called 14.49712 acre description) to a 1/2" iron rod found for
563563 corner;
564564 N 02°01'06" E 308.36 feet (called N 05°11'44" E 307.39 feet in the
565565 called 296.28 acre description and N04°58'01"E 308.33 feet in the
566566 called 14.49712 acre description) to a 1/2" iron rod found for
567567 corner;
568568 N 61°46'38" W 210.87 feet (called N 56°09'08" W 213.35 feet in the
569569 called 296.28 acre description and N58°49'35" W 210.71 feet in the
570570 called 14.49712 acre description) to a 1/2" iron rod found for
571571 corner;
572572 S 28°09'20" W 152.72 feet (called S 31°20'05" W 163.96 feet in the
573573 called 296.28 acre description and S 31°10'25"W 152.63 feet in the
574574 called 14.49712 acre description ) to a 1/2" iron rod found for
575575 corner;
576576 S 61°51'40" E 29.90 feet (called S 58°41'04" E 30.00 feet in the
577577 called 296.28 acre description and S 58°49'35"E 30.00 feet in the
578578 called 14.49712 acre description) to a bent 1/2" iron rod found for
579579 corner;
580580 S 19°54'48" W 732.14 feet (called S 22°57'53" W 729.79 feet in the
581581 called 296.28 acre description and S 22°53'35" W 732.05 feet in the
582582 called 14.49712 acre description) to a 1/2" iron rod found for
583583 corner;
584584 S 24°55'18" E 724.63 feet (called S 21°38'23" E 725.62 feet in the
585585 called 296.28 acre description and S 21°57'23"E 724.64 feet in the
586586 called 14.49712 acre description) to 1/2" iron rod found for
587587 corner;
588588 S 80°53'45" W 342.17 feet (called S 84°10'59" W 339.44 feet in the
589589 called 296.28 acre description and S 83°50'49"W 342.64 feet in the
590590 called 14.49712 acre description) to a 5/8" iron rod with plastic
591591 cap set for corner;
592592 S 51°55'05" W 75.08 feet (called S 55°24'45" W 77.82 feet in the
593593 called 296.28 acre description and S 4°52'09"W 74.46 feet in the
594594 called 14.49712 acre description) to a 1/2" iron rod found for
595595 corner;
596596 S 55°56'57" W 171.23 feet (called S 59°02'06" W 171.45 feet in the
597597 called 296.28 acre description and S 58°53'35" W 171.45 feet in the
598598 called 14.49712 acre description) to a 5/8" iron rod found for
599599 corner;
600600 S 35°29'07" W 491.18 feet (called S 38°34'34" W 490.92 feet in the
601601 called 296.28 acre description and S 38°26'03" W 490.92 feet in the
602602 called 14.49712 acre description) to a bent 1/2" iron rod found for
603603 corner;
604604 S 31°08'26" W 85.71 feet (called S 34°13'30" W 85.80 feet in the
605605 called 296.28 acre description and S34°05'04"W 85.80 feet in the
606606 called 14.49712 acre description) to a 5/8" iron rod found for
607607 corner at the northernmost corner of the above called 0.1261 acre
608608 tract; same being the southwesterly corner of the called 14.49712
609609 acre tract;
610610 THENCE S 50°37'55" E 92.81 feet (called S 48°03'42" E 94.48 feet)
611611 along the southerly line of the called 14.49712 acre tract and the
612612 northerly line of the called 0.1261 acre tract to a 5/8" iron rod
613613 found for corner at the westernmost corner of Lot 1, Block 4 of
614614 Fairway Crossing At Lake Houston Sec Two, the map of which is
615615 recorded in Film Code 420032, and being the northwest corner of
616616 North Fairway Oaks Drive, a 60' wide right of way;
617617 THENCE S 33°15'47" W 60.29 feet (plat call S 36°25'22" W 60.28
618618 feet)along the west end of North Fairway Oaks Drive and the east
619619 line of the called 0.1261 acre tract to a 1/2" iron rod found for
620620 corner at the southwest corner of North Fairway Oaks Drive and the
621621 northwest corner of Lot 2, Block 5, same being the northeasterly
622622 corner of that certain called 12.68949 acre tract referred to as
623623 Tract B, Exhibit "2 B" in the aforementioned HCCF 20100142110;
624624 THENCE N 50°37'55" W 90.55 feet (called N 48°03'44" W 92.00 feet in
625625 the called 12.68949 acre description) along the south line of the
626626 called 0.1261 acre tract and the north line of the called 12.68949
627627 acre tract to a bent 1/2" iron rod found at the westernmost corner
628628 of the called 0.1261 acre tract and the northwest corner of the
629629 called 12.68949 acre tract;
630630 THENCE along the westerly line of the called 12.68949 acre tract as
631631 follows:
632632 S 69°35'25"W 128.56 feet (called S 72°46'05" W 128.85 feet in the
633633 called 296.28 acre tract and S 72°37'34"W 128.85 feet in the called
634634 12.68949 acre tract) to a 1/2" iron rod found for corner;
635635 S 75°15'33"W 892.23 feet (called S 78°21'40" W 892.22 feet in the
636636 called 296.28 acre tract and S 78°13'09"W 892.22 feet in the called
637637 12.68949 acre tract) to a 1/2" iron rod found for corner;
638638 S 45°02'53"W 488.53 feet (called S 48°07'53" W 488.36 feet in the
639639 called 296.28 acre tract and S 47°59'22"W 488.36 feet in the called
640640 12.68949 acre tract) to a 1/2" iron rod found for corner;
641641 S 30°53'17"W 259.05 feet (called S 34°03'03" W 258.86 feet in the
642642 called 296.28 acre tract and S 33°54'32"W 258.86 feet in the called
643643 12.68949 acre tract) to a 1/2" iron rod found for corner;
644644 S 14°22'04"W 125.12 feet (called S 16°58'32" W 125.63 feet in the
645645 called 296.28 acre tract and S 16°50'01" W 125.63 feet in the called
646646 12.68949 acre tract) to a 5/8" iron rod found for corner;
647647 S 58°04'53"W 122.13 feet (called S 61°45'16" W 122.45 feet in the
648648 called 296.28 acre tract and S 61°36'45" W 122.45 feet in the called
649649 12.68949 acre tract) to a bent 1/2" iron rod found for corner;
650650 S 20°15'20"W 79.05 feet (called S 23°00'26" W 79.80 feet in the
651651 called 296.28 acre tract and S 22°51'55" W 79.81 feet in the called
652652 12.68949 acre tract) to a 1/2" iron rod found for the westernmost
653653 corner of the called 12.678949 acre tract and the southernmost
654654 corner of the called 296.28 acre tract, said point falling in the
655655 north line of Golf View Lane, based on a width of 60 feet; access to
656656 Golf View Lane is denied based on a 1' buffer reserve per the
657657 recorded plat HCFC 619004;
658658 THENCE N 70°04'57"W a distance of 405.90 feet (called N 66°59'31" W
659659 407.83 feet) along the north line of Golf View Lane to a 3/4" iron
660660 rod found for corner at the intersection of the north line of Golf
661661 View Lane and the east line of a certain called 45.88444 acre tract
662662 referred to as Tract A, Exhibit 2-A, HCCF 20100142110;
663663 THENCE along the east line of the called 45.88444 acre tract as
664664 follows:
665665 N 27°27'07" E 103.92 feet (called N 34°19'47"E 106.12 feet in the
666666 called 296.28 acre tract) to a 1/2" iron rod found for corner;
667667 N 00°48'38" E 775.41 feet (called N 04°03'47" E 775.14 feet in the
668668 called 296.28 acre tract and N 03°55'16" E 775.14 feet in the called
669669 45.88444 acre tract) to a 1/2" iron rod found for corner;
670670 N 11°47'50" E 278.92 feet (called N 14°55'16" E 279.03 feet in the
671671 called 296.28 acre tract and N 14°46'45" E 379.00 feet in the called
672672 45.88444 acre tract) to a 1/2" iron rod found for corner;
673673 N 15°01'22" E 125.05 feet (called N 18°07'02" E 125.00 feet in the
674674 called 296.28 acre tract) to a 5/8" iron rod set for corner at the
675675 southwest corner of a called 0.2006 acre tract referred to as Tract
676676 H, Exhibit "2-H" in HCCF 20100142110;
677677 THENCE leaving the east line of the called 45.88444 acre tract and
678678 along the boundary of the called 0.2006 acre tract the following
679679 courses and distances:
680680 N 80°23'56" E 88.16 feet (called N 83°29'31" E 88.0 feet in the called
681681 296.28 acre tract and called N 83°21'00" E 88.00 feet in the called
682682 0.2006 acre tract) to a 5/8" iron rod found for corner;
683683 N 08°02'56" E 104.00 feet (called N 11°08'31" E 104.00 feet in the
684684 called 296.28 acre tract and called N 11°00'00" E 104.00 feet in the
685685 called 0.2006 acre tract) to a 5/8" iron rod found for corner;
686686 N 83°20'05" W 68.24 feet (called N 80°14'30" W 68.09 feet in the
687687 called 296.28 acre tract and called N 80°23'01" W 68.09 feet in the
688688 called 0.2006 acre tract) to a 5/8" iron rod found for corner in the
689689 east line of the called 45.88444 acre tract at the northwest corner
690690 of the called 0.2006 acre tract;
691691 THENCE along the east line of the called 45.88444 acre tract as
692692 follows:
693693 N 15°01'22"E 374.10 feet (called N 18°07'02" E 374.33 feet) to a 1/2"
694694 iron rod found for corner; N 04°42'24"W 268.97 feet (called
695695 N01°36'25"W 269.04 feet in the called 296.28 acre tract and
696696 N01°44'56"W 269.04 feet in the called 45.88444 acre tract) to a 5/8"
697697 iron rod found for corner;
698698 N 08°39'46"W 492.91 feet (called N 05°34'11" W 492.91 feet in the
699699 called 296.28 acre tract and N05°42'42"W 492.91 feet in the called
700700 45.88444 acre tract) to a 1/2" iron rod found for corner;
701701 N 27°20'18"W 157.05 feet (called N 24°24'44" W 154.74 feet in the
702702 called 296.28 acre tract and N24°33'15"W 154.74 feet in the called
703703 45.88444 acre tract) to a 1/2" iron rod found for corner;
704704 THENCE N 35°22'31"E 38.49 feet (called N 36°20'10" E 40.09 feet in
705705 the called 296.28 acre tract and N36°12'07"E 40.09 feet in the
706706 called 45.88444 acre tract) to a 1/2" iron rod found for the
707707 northeast corner of the called 45.88444 acre tract;
708708 THENCE N 86°36'57"E 126.94 feet (called N 89°43'13" E 126.82 feet in
709709 the called 296.28 acre tract) to a 1/2" iron rod found for corner
710710 same being the southeast corner of a called 17.75276 acre tract
711711 referred to as Tract D, Exhibit "2-D" as recorded in HCCF
712712 20100142110;
713713 THENCE along the perimeter of the called 17.75276 acre tract as
714714 follows:
715715 N 43°50'37" E 581.47 feet (called N 46°57'34" E 581.37 feet in the
716716 called 296.28 acre tract and N 46°49'03"E 581.37 feet in the called
717717 17.75276 acre tract) to a 1/2" iron rod found for corner;
718718 N 49°55'28" E 351.83 feet (called N 53°01'09" E 351.94 feet in the
719719 called 296.28 acre tract and N 52°52'38"E 351.94 feet in the called
720720 17.75276 acre tract) to a 1/2" iron rod found for corner;
721721 N 81°25'46" E 316.32 feet (called N 84°30'32" E 315.99 feet in the
722722 called 296.28 acre tract and N 84°22'01"E 315.99 feet in the called
723723 17.75276 acre tract) to a 1/2" iron rod found for corner;
724724 S 28°09'17" E 207.98 feet (called S 24°59'15" E 208.09 feet in the
725725 called 296.28 acre tract and S 25°07'54"E 208.29 feet in the called
726726 17.75276 acre tract) to a 1/2" iron rod found for corner;
727727 S69°24'27" E 688.15 feet (called S 66°21'05" E 688.15 feet in the
728728 called 296.28 acre tract and S 66°29'36"E 688.15 feet in the called
729729 17.75276 acre tract) to a 1/2" iron rod found for corner;
730730 N79°02'26"E 754.79 feet (called N 82°10'03" E 754.71 feet in the
731731 called 296.28 acre tract and N 82°01'32"E 754.71 feet in the called
732732 17.75276 acre tract) to a 1/2" iron rod found for corner;
733733 S61°49'53"E 48.38 feet (called S 58°41'04" E 48.22 feet in the called
734734 296.28 acre tract and S 58°49'35"E 48.22 in the called 17.75276 acre
735735 tract) to a 5/8" iron rod found for corner;
736736 N28°09'20"E 152.63 feet (called N 31°20'05" E 163.98 feet in the
737737 called 296.28 acre tract and N 31°10'25"E 152.63 feet in the called
738738 17.75276 acre tract) to a 1/2" iron rod found for corner;
739739 N61°47'48"W 110.97 feet (called N 59°05'52" W 110.91 feet in the
740740 called 296.28 acre tract and N58°49'35"W 110.91 feet in the called
741741 17.75276 acre tract) to a 1/2" iron rod found for corner;
742742 S85°38'08"W 703.20 feet (called S88°02'49" W 707.15 feet in the
743743 called 296.28 acre tract and S88°35'31"W 703.22 feet in the called
744744 17.75276 acre tract) to a 1/2" iron rod found for corner;
745745 N 66°18'11"W 578.25 feet (called N 63°08'04" W 576.35 feet in the
746746 called 296.28 acre tract and N 63°20'34"W 578.20 feet in the called
747747 17.75276 acre tract) to a 1/2" iron rod found for corner;
748748 N 07°07'29"E 119.96 feet (called N 09°48'52" E 120.00 feet in the
749749 called 296.28 acre tract and N 10°05'09"E 120.00 feet in the called
750750 17.75276 acre tract) to a 1/2" iron rod found for corner;
751751 N 72°30'45"W 254.23 feet (called N 69°30'15" W 254.67 feet in the
752752 called 296.28 acre tract and N 69°29'18"W 254.20 feet in the called
753753 17.75276 acre tract) to a 1/2" iron rod found for corner;
754754 S 77°07'40"W 613.42 feet (called S80°11'27" W 613.36 feet in the
755755 called 296.28 acre tract and S 80°02'56"W 613.36 feet in the called
756756 17.75276 acre tract) to a 1/2" iron rod found for corner;
757757 S 66°31'16"W 74.51 feet (called S 69°48'19" W 74.55 feet in the
758758 called 296.28 acre tract and S 69°39'48"W 74.55 feet in the called
759759 17.75276 acre tract) to a 1/2" iron rod found for corner;
760760 S 41°44'01"W 900.90 feet (called S 44°50'16" W 901.02 feet in the
761761 called 296.28 acre tract and S 44°41'45"W 901.02 feet in the called
762762 17.75276 acre tract) to a 1/2" iron rod found for corner at the
763763 southwest corner of the called 17.75276 acre tract;
764764 THENCE S 13°30'17"E 76.76 feet (called S 10°19'13"E 76.41 feet in the
765765 called 296.28 acre tract) to a 1/2" iron rod found at the northwest
766766 corner of the previously mentioned called 45.88444 acre tract;
767767 THENCE continuing along the west line of the called 45.88444 acre
768768 tract as follows:
769769 S 55°35'24" W 145.50 feet (called S 58°34'17" W 145.44 feet in the
770770 called 296.28 acre tract and S 58°25'45"W 145.44 feet in the called
771771 45.88444 acre tract) to a 1/2" iron rod found for corner;
772772 S 00°34'21" W 338.38 feet (called S 03°41'22" W 338.21 feet in the
773773 called 296.28 acre tract and S 03°32'51"W 338.21 feet in the called
774774 45.88444 acre tract) to a 1/2" iron rod found for corner;
775775 S 12°53'23" E 563.12 feet (called S 09°47'24" E 563.17 feet in the
776776 called 296.28 acre tract and S 09°55'55"E 563.17 feet in the called
777777 45.88444 acre tract) to a 1/2" iron rod found for corner;
778778 S 23°05'47" W 500.11 feet (called S 26°11'56" W 518.43 feet in the
779779 called 296.28 acre tract) to the center of Mexican Gully and the
780780 northernmost corner of Lot 4, Block 1 of Fairway Crossing At Lake
781781 Houston Sec 6, the map of which is recorded in HCCF 619004;
782782 THENCE along the centerline of Mexican Gully and the north line of
783783 Fairway Crossing At Lake Houston Sec 6 the following courses and
784784 distances:
785785 S 78°19'25" W 159.62 feet;
786786 S 58°33'36" E 50.18 feet;
787787 S 56°10'34" W 88.29 feet;
788788 S 69°58'30" W 134.39 feet;
789789 N 48°59'41" W 200.44 feet;
790790 S 68°19'46" W 248.22 feet;
791791 S 01°06'53" E 150.83 feet;
792792 S 67°24'23" W 245.65 feet;
793793 S 47°42'48" W 139.43 feet;
794794 S 12°08'51" E 74.49 feet;
795795 S 15°19'27" E121.44 feet to the center of Luce Bayou;
796796 THENCE along the center of Luce Bayou as follows:
797797 N 86°30'53" W39.56 feet;
798798 S 89°52'33" W129.23 feet;
799799 N 70°38'13" W178.22 feet;
800800 N 58°56'28" W146.63 feet;
801801 N 34°52'28" W137.27 feet;
802802 N 12°26'05" W211.68 feet;
803803 N 23°10'46" E87.01 feet;
804804 N 54°16'47" E83.54 feet;
805805 N 25°54'48" E133.66 feet;
806806 N 55°01'33" E55.56 feet;
807807 N 21°22'10" E106.67 feet;
808808 N 53°49'00" E86.13 feet;
809809 S 65°31'41" E93.18 feet;
810810 S 59°07'21" E87.78 feet;
811811 S 36°39'52" E78.63 feet;
812812 N 54°27'19" E255.38 feet;
813813 N 04°28'28" E236.87 feet;
814814 S 88°02'08" E373.40 feet;
815815 N 21°24'47" E130.93 feet;
816816 N 28°58'59" W310.88 feet;
817817 N 55°56'15" W276.86 feet;
818818 N 16°17'33" W180.44 feet;
819819 N 28°42'30" W175.44 feet;
820820 N 45°33'12" E324.30 feet;
821821 N 19°10'00" E200.32 feet;
822822 S 85°37'21" E129.05 feet;
823823 S 12°10'03" W162.50 feet;
824824 S 66°28'37" E214.05 feet;
825825 N 71°24'50" E176.10 feet;
826826 N 32°58'25" W471.75 feet;
827827 N 23°27'47" E147.60 feet;
828828 S 59°20'36" E281.49 feet;
829829 N 04°07'09" E75.17 feet;
830830 N 20°56'02" W293.88 feet;
831831 N 31°07'23" E133.76 feet;
832832 N 40°22'47" E236.30 feet;
833833 S 52°04'44" E175.06 feet;
834834 S 85°46'53" E217.37 feet;
835835 N 72°02'52" E142.62 feet;
836836 S 64°19'26" E130.86 feet;
837837 N 47°10'33" E249.93 feet;
838838 N 47°32'27" E 40.03 feet to a point in the north line of the called
839839 296.28 acre tract and the south line of the Ned Holmes Tract 2
840840 Parcel D Called 530.18 acre tract described in HCCF# F52006;
841841 THENCE along the north line of the called 296.28 acre tract and the
842842 south line of the Holmes tract N 87°14'06" E (called S 89°55'11" E) at
843843 603.11 pass a concrete monument with brass disk, and continuing for
844844 a total distance of 3,252.43 feet (called 3,240.28 feet) to the
845845 place of BEGINNING of Tract 2, containing 12,983,894 square feet,
846846 or 298.069 acres of land, more or less (called 296.28 acres).
847847 The meanders along Luce Bayou were determined from aerial
848848 photography for the purposes of calculating acreage. The actual
849849 boundary along this line is the center of the creek.
850850 SECTION 3. (a) The legal notice of the intention to
851851 introduce this Act, setting forth the general substance of this
852852 Act, has been published as provided by law, and the notice and a
853853 copy of this Act have been furnished to all persons, agencies,
854854 officials, or entities to which they are required to be furnished
855855 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
856856 Government Code.
857857 (b) The governor, one of the required recipients, has
858858 submitted the notice and Act to the Texas Commission on
859859 Environmental Quality.
860860 (c) The Texas Commission on Environmental Quality has filed
861861 its recommendations relating to this Act with the governor,
862862 lieutenant governor, and speaker of the house of representatives
863863 within the required time.
864864 (d) The general law relating to consent by political
865865 subdivisions to the creation of districts with conservation,
866866 reclamation, and road powers and the inclusion of land in those
867867 districts has been complied with.
868868 (e) All requirements of the constitution and laws of this
869869 state and the rules and procedures of the legislature with respect
870870 to the notice, introduction, and passage of this Act have been
871871 fulfilled and accomplished.
872872 SECTION 4. This Act takes effect immediately if it receives
873873 a vote of two-thirds of all the members elected to each house, as
874874 provided by Section 39, Article III, Texas Constitution. If this
875875 Act does not receive the vote necessary for immediate effect, this
876876 Act takes effect September 1, 2017.
877877
878878 Pos. No. Name of Director
879879
880880 1 __________
881881
882882 2 __________
883883
884884 3 __________
885885
886886 4 __________
887887
888888 5 __________