1 | 1 | | 86R6954 BRG-F |
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2 | 2 | | By: Kolkhorst S.B. No. 2491 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the creation of the Harris County Municipal Utility |
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8 | 8 | | District No. 566; granting a limited power of eminent domain; |
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9 | 9 | | providing authority to issue bonds; providing authority to impose |
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10 | 10 | | assessments, fees, and taxes. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Subtitle F, Title 6, Special District Local Laws |
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13 | 13 | | Code, is amended by adding Chapter 8037 to read as follows: |
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14 | 14 | | CHAPTER 8037. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 566 |
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15 | 15 | | SUBCHAPTER A. GENERAL PROVISIONS |
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16 | 16 | | Sec. 8037.0101. DEFINITIONS. In this chapter: |
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17 | 17 | | (1) "Board" means the district's board of directors. |
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18 | 18 | | (2) "Commission" means the Texas Commission on |
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19 | 19 | | Environmental Quality. |
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20 | 20 | | (3) "Director" means a board member. |
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21 | 21 | | (4) "District" means the Harris County Municipal |
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22 | 22 | | Utility District No. 566. |
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23 | 23 | | Sec. 8037.0102. NATURE OF DISTRICT. The district is a |
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24 | 24 | | municipal utility district created under Section 59, Article XVI, |
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25 | 25 | | Texas Constitution. |
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26 | 26 | | Sec. 8037.0103. CONFIRMATION AND DIRECTOR ELECTION |
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27 | 27 | | REQUIRED. The temporary directors shall hold an election to |
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28 | 28 | | confirm the creation of the district and to elect five permanent |
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29 | 29 | | directors as provided by Section 49.102, Water Code. |
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30 | 30 | | Sec. 8037.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
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31 | 31 | | temporary directors may not hold an election under Section |
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32 | 32 | | 8037.0103 until each municipality in whose corporate limits or |
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33 | 33 | | extraterritorial jurisdiction the district is located has |
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34 | 34 | | consented by ordinance or resolution to the creation of the |
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35 | 35 | | district and to the inclusion of land in the district. |
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36 | 36 | | Sec. 8037.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. |
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37 | 37 | | (a) The district is created to serve a public purpose and benefit. |
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38 | 38 | | (b) The district is created to accomplish the purposes of: |
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39 | 39 | | (1) a municipal utility district as provided by |
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40 | 40 | | general law and Section 59, Article XVI, Texas Constitution; and |
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41 | 41 | | (2) Section 52, Article III, Texas Constitution, that |
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42 | 42 | | relate to the construction, acquisition, improvement, operation, |
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43 | 43 | | or maintenance of macadamized, graveled, or paved roads, or |
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44 | 44 | | improvements, including storm drainage, in aid of those roads. |
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45 | 45 | | Sec. 8037.0106. INITIAL DISTRICT TERRITORY. (a) The |
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46 | 46 | | district is initially composed of the territory described by |
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47 | 47 | | Section 2 of the Act enacting this chapter. |
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48 | 48 | | (b) The boundaries and field notes contained in Section 2 of |
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49 | 49 | | the Act enacting this chapter form a closure. A mistake made in the |
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50 | 50 | | field notes or in copying the field notes in the legislative process |
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51 | 51 | | does not affect the district's: |
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52 | 52 | | (1) organization, existence, or validity; |
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53 | 53 | | (2) right to issue any type of bond for the purposes |
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54 | 54 | | for which the district is created or to pay the principal of and |
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55 | 55 | | interest on a bond; |
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56 | 56 | | (3) right to impose a tax; or |
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57 | 57 | | (4) legality or operation. |
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58 | 58 | | SUBCHAPTER B. BOARD OF DIRECTORS |
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59 | 59 | | Sec. 8037.0201. GOVERNING BODY; TERMS. (a) The district is |
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60 | 60 | | governed by a board of five elected directors. |
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61 | 61 | | (b) Except as provided by Section 8037.0202, directors |
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62 | 62 | | serve staggered four-year terms. |
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63 | 63 | | Sec. 8037.0202. TEMPORARY DIRECTORS. (a) The temporary |
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64 | 64 | | board consists of: |
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65 | 65 | | (1) Philip Ghutzman; |
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66 | 66 | | (2) Todd Dillingham; |
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67 | 67 | | (3) Caitlin Doonan; |
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68 | 68 | | (4) Nolan Mainguy; and |
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69 | 69 | | (5) Robert Frost. |
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70 | 70 | | (b) Temporary directors serve until the earlier of: |
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71 | 71 | | (1) the date permanent directors are elected under |
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72 | 72 | | Section 8037.0103; or |
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73 | 73 | | (2) the fourth anniversary of the effective date of |
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74 | 74 | | the Act enacting this chapter. |
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75 | 75 | | (c) If permanent directors have not been elected under |
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76 | 76 | | Section 8037.0103 and the terms of the temporary directors have |
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77 | 77 | | expired, successor temporary directors shall be appointed or |
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78 | 78 | | reappointed as provided by Subsection (d) to serve terms that |
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79 | 79 | | expire on the earlier of: |
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80 | 80 | | (1) the date permanent directors are elected under |
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81 | 81 | | Section 8037.0103; or |
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82 | 82 | | (2) the fourth anniversary of the date of the |
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83 | 83 | | appointment or reappointment. |
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84 | 84 | | (d) If Subsection (c) applies, the owner or owners of a |
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85 | 85 | | majority of the assessed value of the real property in the district |
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86 | 86 | | may submit a petition to the commission requesting that the |
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87 | 87 | | commission appoint as successor temporary directors the five |
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88 | 88 | | persons named in the petition. The commission shall appoint as |
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89 | 89 | | successor temporary directors the five persons named in the |
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90 | 90 | | petition. |
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91 | 91 | | SUBCHAPTER C. POWERS AND DUTIES |
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92 | 92 | | Sec. 8037.0301. GENERAL POWERS AND DUTIES. The district |
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93 | 93 | | has the powers and duties necessary to accomplish the purposes for |
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94 | 94 | | which the district is created. |
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95 | 95 | | Sec. 8037.0302. MUNICIPAL UTILITY DISTRICT POWERS AND |
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96 | 96 | | DUTIES. The district has the powers and duties provided by the |
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97 | 97 | | general law of this state, including Chapters 49 and 54, Water Code, |
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98 | 98 | | applicable to municipal utility districts created under Section 59, |
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99 | 99 | | Article XVI, Texas Constitution. |
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100 | 100 | | Sec. 8037.0303. AUTHORITY FOR ROAD PROJECTS. Under Section |
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101 | 101 | | 52, Article III, Texas Constitution, the district may design, |
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102 | 102 | | acquire, construct, finance, issue bonds for, improve, operate, |
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103 | 103 | | maintain, and convey to this state, a county, or a municipality for |
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104 | 104 | | operation and maintenance macadamized, graveled, or paved roads, or |
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105 | 105 | | improvements, including storm drainage, in aid of those roads. |
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106 | 106 | | Sec. 8037.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A |
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107 | 107 | | road project must meet all applicable construction standards, |
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108 | 108 | | zoning and subdivision requirements, and regulations of each |
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109 | 109 | | municipality in whose corporate limits or extraterritorial |
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110 | 110 | | jurisdiction the road project is located. |
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111 | 111 | | (b) If a road project is not located in the corporate limits |
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112 | 112 | | or extraterritorial jurisdiction of a municipality, the road |
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113 | 113 | | project must meet all applicable construction standards, |
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114 | 114 | | subdivision requirements, and regulations of each county in which |
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115 | 115 | | the road project is located. |
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116 | 116 | | (c) If the state will maintain and operate the road, the |
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117 | 117 | | Texas Transportation Commission must approve the plans and |
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118 | 118 | | specifications of the road project. |
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119 | 119 | | Sec. 8037.0305. COMPLIANCE WITH MUNICIPAL CONSENT |
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120 | 120 | | ORDINANCE OR RESOLUTION. The district shall comply with all |
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121 | 121 | | applicable requirements of any ordinance or resolution that is |
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122 | 122 | | adopted under Section 54.016 or 54.0165, Water Code, and that |
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123 | 123 | | consents to the creation of the district or to the inclusion of land |
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124 | 124 | | in the district. |
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125 | 125 | | Sec. 8037.0306. DIVISION OF DISTRICT. (a) The district may |
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126 | 126 | | be divided into two or more new districts only if: |
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127 | 127 | | (1) the district has no outstanding bonded debt; and |
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128 | 128 | | (2) the district is not imposing ad valorem taxes. |
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129 | 129 | | (b) This chapter applies to any new district created by the |
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130 | 130 | | division of the district, and a new district has all the powers and |
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131 | 131 | | duties of the district. |
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132 | 132 | | (c) Any new district created by the division of the district |
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133 | 133 | | may not, at the time the new district is created, contain any land |
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134 | 134 | | outside the area described by Section 2 of the Act creating this |
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135 | 135 | | chapter. |
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136 | 136 | | (d) The board, on its own motion or on receipt of a petition |
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137 | 137 | | signed by the owner or owners of a majority of the assessed value of |
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138 | 138 | | the real property in the district, may adopt an order dividing the |
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139 | 139 | | district. |
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140 | 140 | | (e) The board may adopt an order dividing the district |
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141 | 141 | | before or after the date the board holds an election under Section |
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142 | 142 | | 8037.0103 to confirm the creation of the district. |
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143 | 143 | | (f) An order dividing the district shall: |
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144 | 144 | | (1) name each new district; |
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145 | 145 | | (2) include the metes and bounds description of the |
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146 | 146 | | territory of each new district; |
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147 | 147 | | (3) appoint temporary directors for each new district; |
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148 | 148 | | and |
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149 | 149 | | (4) provide for the division of assets and liabilities |
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150 | 150 | | between or among the new districts. |
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151 | 151 | | (g) On or before the 30th day after the date of adoption of |
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152 | 152 | | an order dividing the district, the district shall file the order |
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153 | 153 | | with the commission and record the order in the real property |
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154 | 154 | | records of each county in which the district is located. |
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155 | 155 | | (h) Any new district created by the division of the district |
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156 | 156 | | shall hold a confirmation and directors' election as required by |
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157 | 157 | | Section 8037.0103. |
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158 | 158 | | (i) If the creation of the new district is confirmed, the |
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159 | 159 | | new district shall provide the election date and results to the |
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160 | 160 | | commission. |
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161 | 161 | | (j) Any new district created by the division of the district |
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162 | 162 | | must hold an election as required by this chapter to obtain voter |
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163 | 163 | | approval before the district may impose a maintenance tax or issue |
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164 | 164 | | bonds payable wholly or partly from ad valorem taxes. |
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165 | 165 | | (k) Municipal consent to the creation of the district and to |
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166 | 166 | | the inclusion of land in the district granted under Section |
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167 | 167 | | 8037.0104 acts as municipal consent to the creation of any new |
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168 | 168 | | district created by the division of the district and to the |
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169 | 169 | | inclusion of land in the new district. |
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170 | 170 | | SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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171 | 171 | | Sec. 8037.0401. ELECTIONS REGARDING TAXES OR BONDS. (a) |
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172 | 172 | | The district may issue, without an election, bonds and other |
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173 | 173 | | obligations secured by: |
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174 | 174 | | (1) revenue other than ad valorem taxes; or |
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175 | 175 | | (2) contract payments described by Section 8037.0403. |
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176 | 176 | | (b) The district must hold an election in the manner |
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177 | 177 | | provided by Chapters 49 and 54, Water Code, to obtain voter approval |
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178 | 178 | | before the district may impose an ad valorem tax or issue bonds |
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179 | 179 | | payable from ad valorem taxes. |
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180 | 180 | | (c) The district may not issue bonds payable from ad valorem |
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181 | 181 | | taxes to finance a road project unless the issuance is approved by a |
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182 | 182 | | vote of a two-thirds majority of the district voters voting at an |
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183 | 183 | | election held for that purpose. |
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184 | 184 | | Sec. 8037.0402. OPERATION AND MAINTENANCE TAX. (a) If |
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185 | 185 | | authorized at an election held under Section 8037.0401, the |
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186 | 186 | | district may impose an operation and maintenance tax on taxable |
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187 | 187 | | property in the district in accordance with Section 49.107, Water |
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188 | 188 | | Code. |
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189 | 189 | | (b) The board shall determine the tax rate. The rate may not |
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190 | 190 | | exceed the rate approved at the election. |
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191 | 191 | | Sec. 8037.0403. CONTRACT TAXES. (a) In accordance with |
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192 | 192 | | Section 49.108, Water Code, the district may impose a tax other than |
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193 | 193 | | an operation and maintenance tax and use the revenue derived from |
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194 | 194 | | the tax to make payments under a contract after the provisions of |
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195 | 195 | | the contract have been approved by a majority of the district voters |
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196 | 196 | | voting at an election held for that purpose. |
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197 | 197 | | (b) A contract approved by the district voters may contain a |
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198 | 198 | | provision stating that the contract may be modified or amended by |
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199 | 199 | | the board without further voter approval. |
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200 | 200 | | SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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201 | 201 | | Sec. 8037.0501. AUTHORITY TO ISSUE BONDS AND OTHER |
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202 | 202 | | OBLIGATIONS. The district may issue bonds or other obligations |
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203 | 203 | | payable wholly or partly from ad valorem taxes, impact fees, |
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204 | 204 | | revenue, contract payments, grants, or other district money, or any |
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205 | 205 | | combination of those sources, to pay for any authorized district |
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206 | 206 | | purpose. |
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207 | 207 | | Sec. 8037.0502. TAXES FOR BONDS. At the time the district |
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208 | 208 | | issues bonds payable wholly or partly from ad valorem taxes, the |
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209 | 209 | | board shall provide for the annual imposition of a continuing |
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210 | 210 | | direct ad valorem tax, without limit as to rate or amount, while all |
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211 | 211 | | or part of the bonds are outstanding as required and in the manner |
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212 | 212 | | provided by Sections 54.601 and 54.602, Water Code. |
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213 | 213 | | Sec. 8037.0503. BONDS FOR ROAD PROJECTS. At the time of |
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214 | 214 | | issuance, the total principal amount of bonds or other obligations |
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215 | 215 | | issued or incurred to finance road projects and payable from ad |
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216 | 216 | | valorem taxes may not exceed one-fourth of the assessed value of the |
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217 | 217 | | real property in the district. |
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218 | 218 | | SECTION 2. The Harris County Municipal Utility District No. |
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219 | 219 | | 566 initially includes all the territory contained in the following |
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220 | 220 | | area: |
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221 | 221 | | TRACT 1 - 538.890 ACRES |
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222 | 222 | | A FIELD NOTE DESCRIPTION of a 553.208 acre tract of land in |
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223 | 223 | | the R. Walton Survey, Abstract No. 845 and in the H. Ehrenberg |
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224 | 224 | | Survey, Abstract No. 247, Harris County, Texas; said 553.208 acre |
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225 | 225 | | tract being Tracts 1-11 conveyed to Golden Shamrock Realty, Inc., |
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226 | 226 | | as recorded in Harris County Clerk's File No. P061803; said tract |
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227 | 227 | | being more particularly described by metes-and-bounds as follows |
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228 | 228 | | with the bearings being based on Texas State Plane Coordinate |
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229 | 229 | | System, South Central Zone (NAD83) per GPS Observations using |
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230 | 230 | | National Geodetic Survey Continuously Operating Reference |
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231 | 231 | | Stations: |
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232 | 232 | | BEGINNING at a 3/8-inch iron rod found at the intersection of |
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233 | 233 | | the west right-of-way line of Becker Road (width varies) with the |
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234 | 234 | | north right-of-way line of Becker Road (called 60 feet wide) for the |
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235 | 235 | | southeast corner of said Tract 9; |
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236 | 236 | | THENCE, South 87° 45' 45" West - 4,884.83 feet with the north |
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237 | 237 | | line of said Becker Road and with the south line of said Tracts 7, 8, |
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238 | 238 | | 9, and 11 to a 5/8-inch iron rod found at the southeast end of a |
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239 | 239 | | cutback corner at the intersection of the north line of said Becker |
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240 | 240 | | Road with the east right-of-way line Katy-Hockley Road (called 60 |
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241 | 241 | | feet wide) for a southwest corner of this tract; |
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242 | 242 | | THENCE, North 58° 07' 58" West - 46.02 feet with said cutback |
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243 | 243 | | and with a southwest line of said Tract 7 to a 5/8-inch iron rod |
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244 | 244 | | found for an angle point of this tract; |
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245 | 245 | | THENCE, North 61° 37' 08" West - 85.49 feet with said cutback |
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246 | 246 | | and with a southwest line of said Tract 7 to a 5/8-inch iron rod |
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247 | 247 | | found for an angle point of this tract; |
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248 | 248 | | THENCE, North 34° 22' 11" West - 42.85 feet with said cutback |
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249 | 249 | | and with a southwest line of said Tract 7 to a 5/8-inch iron rod |
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250 | 250 | | found for an angle point of this tract; |
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251 | 251 | | THENCE, North 15° 13' 59" West - 53.74 feet with said cutback |
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252 | 252 | | and with a southwest line of said Tract 7 to a 5/8-inch iron rod |
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253 | 253 | | found for the north end of said cutback and for a southwest corner |
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254 | 254 | | of this tract; |
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255 | 255 | | THENCE, North 01° 44' 20" West - 1,621.49 feet with the east |
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256 | 256 | | right-of-way line of said Katy-Hockley Road and with a west line of |
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257 | 257 | | said Tracts 7 and 11 to a 1/2-inch iron rod found for a northwest |
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258 | 258 | | corner of this tract; |
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259 | 259 | | THENCE, North 88° 16' 31" East - 20.06 feet with a south line |
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260 | 260 | | of a 17.4152 acre tract of land conveyed to G. Robert Friedman, |
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261 | 261 | | Trustee, as recorded in Harris County Clerk's File No. 20070505569 |
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262 | 262 | | and with a north line of said Tract 11 to a 5/8-inch iron rod found |
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263 | 263 | | for an angle point of this tract; |
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264 | 264 | | THENCE, South 48° 17' 22" East - 14.54 feet with a southwest |
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265 | 265 | | line of said 17.4152 acre tract and with a northeast line of said |
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266 | 266 | | Tract 11 to a 5/8-inch iron rod found for an angle point of this |
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267 | 267 | | tract; |
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268 | 268 | | THENCE, North 88° 16' 31" East - 1,711.59 feet with a south |
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269 | 269 | | line of said 17.4152 acre tract, with the south line of a 11.6869 |
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270 | 270 | | acre tract of land conveyed to Michael A. Nassie, as recorded in |
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271 | 271 | | Harris County Clerk's File No. N345641 and with a north line of said |
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272 | 272 | | Tract 11 to a 1/2-inch iron rod found for an angle point of this |
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273 | 273 | | tract; |
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274 | 274 | | THENCE, North 43° 01' 23" East - 14.08 feet with a southeast |
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275 | 275 | | line of said 11.6869 acre tract and with a northwest line of said |
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276 | 276 | | Tract 11 to a 1/2-inch iron rod found for an angle point of this |
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277 | 277 | | tract; |
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278 | 278 | | THENCE, North 02° 13' 45" West - 778.58 feet with the east |
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279 | 279 | | line of said 11.6869 acre tract and with a west line of said Tract 11 |
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280 | 280 | | to a 1/2-inch iron pipe found for an interior corner of this tract; |
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281 | 281 | | THENCE, South 80° 40' 21" West - 634.30 feet with a south line |
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282 | 282 | | of said Tract 4 and with a north line of said 11.6869 acre tract to a |
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283 | 283 | | 5/8-inch iron rod found for an angle point of this tract; |
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284 | 284 | | THENCE, South 88° 17' 42" West - 415.20 feet with a south line |
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285 | 285 | | of said Tract 4, with a north line of said 11.6869 acre tract and |
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286 | 286 | | with the north line of said 17.4152 acre tract to a 3/4-inch iron |
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287 | 287 | | pipe found for a southwest corner of this tract; |
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288 | 288 | | THENCE, North 01° 41' 02" West - 781.71 feet with the west |
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289 | 289 | | line of said Tract 4 and with the east line of a 11.65 acre tract of |
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290 | 290 | | land conveyed to Mueshke Land Holdings, L.P., as recorded in Harris |
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291 | 291 | | County Clerk's File No. RP-2017-467581 to a 5/8-inch iron rod with |
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292 | 292 | | cap set to replace a disturbed 5/8-inch iron rod found for an |
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293 | 293 | | interior corner of this tract; |
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294 | 294 | | THENCE, South 75° 49' 10" West - 240.49 feet with a south line |
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295 | 295 | | of said Tract 11 and with the north line of said 11.65 acre tract to |
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296 | 296 | | a 5/8-inch iron rod found for a point-of-curvature; |
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297 | 297 | | THENCE, in a westerly direction with a south line of said |
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298 | 298 | | Tract 11 and with the north line of said 11.65 acre tract and with a |
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299 | 299 | | curve to the right having a radius of 1,040.00 feet, a central angle |
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300 | 300 | | of 12° 27' 19", a length of 226.08 feet, and a chord bearing |
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301 | 301 | | South 82° 00' 12" West - 225.64 feet to a 5/8-inch iron rod found for |
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302 | 302 | | a point-of-tangency; |
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303 | 303 | | THENCE, South 88° 15' 52" West - 213.28 feet with a south line |
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304 | 304 | | of said Tract 11 and with the north line of said 11.65 acre tract to |
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305 | 305 | | a 1/2-inch iron rod found for an angle point of this tract; |
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306 | 306 | | THENCE, South 42° 50' 16" West - 14.04 feet with a south line |
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307 | 307 | | of said Tract 11 and with the north line of said 11.65 acre tract to |
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308 | 308 | | a 1/2-inch iron rod found for an angle point of this tract; |
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309 | 309 | | THENCE, South 88° 15' 52" West - 20.00 feet with a south line |
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310 | 310 | | of said Tract 11 and with the north line of said 11.65 acre tract to |
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311 | 311 | | a 1/2-inch iron rod found in the east right-of-way line of said |
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312 | 312 | | Katy-Hockley Road for an southwest corner of this tract; |
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313 | 313 | | THENCE, North 01° 44' 20" West - 1,726.45 feet with the east |
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314 | 314 | | right-of-way line of said Katy-Hockley Road and with a west line of |
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315 | 315 | | said Tracts 1 and 11 to a 5/8-inch iron rod found for a northwest |
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316 | 316 | | corner of this tract; |
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317 | 317 | | THENCE, North 87° 12' 47" East - 20.03 feet with a north line |
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318 | 318 | | of said Tract 11 and with a south line of a called 86.9702 acre tract |
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319 | 319 | | of land conveyed to Hanson Aggregates, Inc., as recorded in Harris |
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320 | 320 | | County Clerk's File No. 20070002906 to a 5/8-inch iron rod found |
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321 | 321 | | for an angle point of this tract; |
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322 | 322 | | THENCE, South 45° 45' 24" East - 14.40 feet with a north line |
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323 | 323 | | of said Tract 11 and with a south line of said 86.9702 acre tract to |
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324 | 324 | | a 1/2-inch iron rod found for an angle point of this tract and for |
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325 | 325 | | the beginning of a non-tangent curve to the right; |
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326 | 326 | | THENCE, in an easterly direction with a north line of said |
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327 | 327 | | Tract 11, with a south line of said 86.9702 acre tract and with said |
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328 | 328 | | curve to the right having a radius of 905.00 feet, a central angle |
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329 | 329 | | of 06° 01' 18", a length of 95.11 feet, and a chord bearing South 88° |
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330 | 330 | | 44' 25" East - 95.07 feet to a 1/2-inch iron rod found for the |
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331 | 331 | | beginning of a curve to the left; |
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332 | 332 | | THENCE, in an easterly direction with a north line of said |
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333 | 333 | | Tract 11, with a south line of said 86.9702 acre tract and with said |
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334 | 334 | | curve to the left having a radius of 905.00 feet, a central angle of |
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335 | 335 | | 06° 01' 04", a length of 95.05 feet, and a chord bearing South 88° 51' |
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336 | 336 | | 58" East - 95.01 feet to a 1/2-inch iron rod found for the end of |
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337 | 337 | | said curve; |
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338 | 338 | | THENCE, North 88° 15' 22" East - 970.65 feet with a north line |
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339 | 339 | | of said Tract 11 and with a south line of said 86.9702 acre tract to |
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340 | 340 | | a 1/2-inch iron rod found for the beginning of a curve to the left; |
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341 | 341 | | THENCE, in a northeasterly direction with a northwest line of |
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342 | 342 | | said Tract 11, with a southeast line of said 86.9702 acre tract and |
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343 | 343 | | with said curve to the left having a radius of 1,950.00 feet, a |
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344 | 344 | | central angle of 47° 52' 44", a length of 1,629.50 feet, and a chord |
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345 | 345 | | bearing North 64° 20' 50" East - 1,582.50 feet to a 5/8-inch iron |
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346 | 346 | | rod found for a the end of said curve; |
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347 | 347 | | THENCE, North 40° 22' 55" East - 512.17 feet with a northwest |
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348 | 348 | | line of said Tract 11 and with a southeast line of said 86.9702 acre |
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349 | 349 | | tract to a 1/2-inch iron rod found in the southwest line of the |
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350 | 350 | | Southern Pacific Railroad Company right-of-way for a north corner |
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351 | 351 | | of this tract; |
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352 | 352 | | THENCE, South 68° 07' 51" East - 2,152.18 feet with the |
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353 | 353 | | southwest line of said Southern Pacific Railroad Company |
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354 | 354 | | right-of-way and with the northeast line of said Tracts 11 and 3 to |
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355 | 355 | | a 5/8-inch iron rod with cap that could not be read found in the west |
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356 | 356 | | right-of-way line of said Becker Road for a northeast corner of this |
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357 | 357 | | tract; |
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358 | 358 | | THENCE, South 02° 00' 38" East - 50.88 feet with the west |
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359 | 359 | | right-of-way line of said Becker Road, as recorded in Harris County |
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360 | 360 | | Clerk's File No. 20100142826 and with the east line of said Tract 3 |
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361 | 361 | | to a 5/8-inch iron rod with cap stamped "T.E.A.M." set for the |
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362 | 362 | | beginning of a curve to the left; |
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363 | 363 | | THENCE, in a southerly direction with the west right-of-way |
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364 | 364 | | line of said Becker Road and with said curve to the left having a |
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365 | 365 | | radius of 2,015.00 feet, a central angle of 05° 43' 55", a length of |
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366 | 366 | | 201.58 feet and a chord bearing South 04° 52' 36" East - 201.50 feet |
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367 | 367 | | to a 5/8-inch iron rod with cap stamped "Amani Eng" found for the |
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368 | 368 | | beginning of a curve to the right; |
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369 | 369 | | THENCE, in a southerly direction with the west right-of-way |
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370 | 370 | | line of said Becker Road and with said curve to the right having a |
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371 | 371 | | radius of 1,985.00 feet, a central angle of 05° 43' 55", a length of |
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372 | 372 | | 198.58 feet and a chord bearing South 04° 52' 36" East - 198.50 feet |
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373 | 373 | | to a 5/8-inch iron rod with cap that could not be read found for the |
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374 | 374 | | end of said curve; |
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375 | 375 | | THENCE, South 02° 01' 06" East - 1,609.77 feet with the west |
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376 | 376 | | right-of-way line of said Becker Road to a 5/8-inch iron rod with |
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377 | 377 | | cap stamped "T.E.A.M." set for a southeast corner of this tract; |
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378 | 378 | | THENCE, South 87° 56' 49" West - 509.75 feet with a south line |
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379 | 379 | | of said Tract 6 and with the north line of a 3.6295 acre tract of |
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380 | 380 | | land conveyed to Harris County, as recorded in Harris County |
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381 | 381 | | Clerk's File No. 20100142826 to a 5/8-inch iron rod with cap |
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382 | 382 | | stamped "Amani Eng" found for an interior corner of this tract; |
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383 | 383 | | THENCE, South 02° 01' 53" East - 310.02 feet with an east line |
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384 | 384 | | of said Tract 6 and with the west line of said 3.6295 acre tract to a |
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385 | 385 | | 5/8-inch iron rod with cap that could not be read found for an |
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386 | 386 | | interior corner of this tract; |
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387 | 387 | | THENCE, North 87° 56' 49" East - 546.24 feet with a north line |
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388 | 388 | | of said Tract 6 and with the south line of said 3.6295 acre tract to |
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389 | 389 | | a 5/8-inch iron rod with cap that could not be read for a northeast |
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390 | 390 | | corner of this tract; |
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391 | 391 | | THENCE, South 01° 59' 46" East - 2,622.08 feet with an east |
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392 | 392 | | line of said Tracts 6, 9, and 11 and with the west right-of-way line |
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393 | 393 | | of said Becker Road to the POINT OF BEGINNING and containing 553.208 |
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394 | 394 | | acres of land. |
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395 | 395 | | SAVE AND EXCEPT 14.318 ACRES: |
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396 | 396 | | A FIELD NOTE DESCRIPTION of a 14.318 acre tract of land in the |
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397 | 397 | | R. Walton Survey, Abstract No. 845 and in the H. Ehrenberg Survey, |
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398 | 398 | | Abstract No. 247, Harris County, Texas; said 14.318 acre tract |
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399 | 399 | | being all of a tract of land conveyed to Dennis N. Johnston, |
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400 | 400 | | Trustee, as recorded in Harris County Clerk's File No. 20070541784; |
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401 | 401 | | said tract being more particularly described by metes-and-bounds as |
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402 | 402 | | follows with the bearings being based on Texas State Plane |
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403 | 403 | | Coordinate System, South Central Zone (NAD83) per GPS Observations |
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404 | 404 | | using National Geodetic Survey Continuously Operating Reference |
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405 | 405 | | Stations: |
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406 | 406 | | COMMENCING FOR REFERENCE at a 3/8-inch iron rod found at the |
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407 | 407 | | intersection of the west right-of-way line of Becker Road (width |
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408 | 408 | | varies) with the north right-of-way line of Becker Road (called 60 |
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409 | 409 | | feet wide) for the southeast corner of Tract 9 conveyed to Golden |
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410 | 410 | | Shamrock Realty, Inc., as recorded in Harris County Clerk's File |
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411 | 411 | | No. P061803; |
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412 | 412 | | THENCE, South 87° 45' 45" West - 3,175.48 feet with the north |
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413 | 413 | | line of said Becker Road and with the south line of Tracts 8, 9, and |
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414 | 414 | | 11 conveyed to Golden Shamrock Realty, Inc., as recorded in Harris |
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415 | 415 | | County Clerk's File No. P061803 to a 1/2-inch iron rod found for a |
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416 | 416 | | southwest corner of said Lot 8 and for a southeast corner of said |
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417 | 417 | | Lot 11; |
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418 | 418 | | THENCE, North 02° 13' 45" West - 20.00 feet with the west line |
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419 | 419 | | of said Lot 8 and with an east line of said Lot 11 to an angle point; |
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420 | 420 | | THENCE, North 47° 13' 45" West - 14.14 feet with the southwest |
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421 | 421 | | line of said Lot 8 and with a northeast line of said Lot 11 to an |
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422 | 422 | | angle point; |
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423 | 423 | | THENCE, North 02° 13' 45" West - 2,522.28 feet to a 1/2-inch |
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424 | 424 | | iron rod found for a northwest corner of a 44.659 acre tract of |
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425 | 425 | | land, described as Tract 5, conveyed to Golden Shamrock Realty, |
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426 | 426 | | Inc., as recorded in Harris County Clerk's File No. P061803 and for |
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427 | 427 | | the southwest corner and POINT OF BEGINNING of this tract; |
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428 | 428 | | THENCE, North 02° 13' 45" West - 277.84 feet with an east line |
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429 | 429 | | of said Tract 11 to a 1/2-inch iron rod found for the beginning of a |
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430 | 430 | | curve to the left; |
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431 | 431 | | THENCE, in a northerly direction with an east line of said |
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432 | 432 | | Tract 11 and with said curve to the left having a radius of 1,040.00 |
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433 | 433 | | feet, a central angle of 11° 57' 32", a length of 217.07 feet, and a |
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434 | 434 | | chord bearing North 08° 12' 09" West - 216.68 feet to a 1/2-inch |
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435 | 435 | | iron rod found for the end of said curve; |
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436 | 436 | | THENCE, North 14° 14' 28" West - 416.05 feet with an east line |
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437 | 437 | | of said Tract 11 to a 5/8-inch iron rod with cap that could not be |
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438 | 438 | | read found for a northwest corner of this tract; |
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439 | 439 | | THENCE, North 30° 47' 21" East - 14.13 feet with a southeast |
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440 | 440 | | line of said Tract 11 to a 1/2-inch iron rod found for a northwest |
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441 | 441 | | corner of this tract; |
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442 | 442 | | THENCE, North 75° 49' 10" East - 635.42 feet with a south line |
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443 | 443 | | of said Tract 11 to a 1/2-inch iron rod found for the northeast |
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444 | 444 | | corner of this tract; |
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445 | 445 | | THENCE, South 14° 10' 18" East - 951.30 feet with a west line |
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446 | 446 | | of said Tract 5 to a 1/2-inch iron rod found for the southeast |
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447 | 447 | | corner of this tract; |
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448 | 448 | | THENCE, South 75° 49' 02" West - 278.02 feet with a north line |
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449 | 449 | | of said Tract 5 to a 1/2-inch iron rod found for an angle point of |
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450 | 450 | | this tract; |
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451 | 451 | | THENCE, South 80° 40' 21" West - 448.51 feet with a north line |
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452 | 452 | | of said Tract 5 to the POINT OF BEGINNING and containing 14.318 |
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453 | 453 | | acres of land, leaving a surveyed area of 538.890 acres. |
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454 | 454 | | TRACT 2 - 557.308 ACRES |
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455 | 455 | | A FIELD NOTE DESCRIPTION of a 557.308 acre tract of land in |
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456 | 456 | | the H. Ehrenberg Survey, Abstract No. 247, Harris County, Texas; |
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457 | 457 | | said 557.308 acre tract being the remainder of a 850 acre tract of |
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458 | 458 | | land conveyed to Gold Star Realty, Inc., as recorded in Harris |
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459 | 459 | | County Clerk's File No. P114056; said tract being more particularly |
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460 | 460 | | described by metes-and-bounds as follows with the bearings being |
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461 | 461 | | based on Texas State Plane Coordinate System, South Central Zone |
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462 | 462 | | (NAD83) per GPS Observations using National Geodetic Survey |
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463 | 463 | | Continuously Operating Reference Stations: |
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464 | 464 | | BEGINNING at a 3/8-inch iron rod found in the south |
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465 | 465 | | right-of-way line of Becker Road (called 60 feet wide) for the |
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466 | 466 | | northwest corner of said 850 acre tract and for the northwest corner |
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467 | 467 | | of this tract; |
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468 | 468 | | THENCE, North 87° 29' 54" East - 1,605.31 feet with the south |
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469 | 469 | | right-of-way line of said Becker Road to a 5/8-inch iron rod with |
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470 | 470 | | cap stamped "T.E.A.M." set for the northwest end of a radial cutback |
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471 | 471 | | at the intersection of the south right-of-way line of said Becker |
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472 | 472 | | Road with the west right-of-way line of Katy-Hockley Cut-Off Road |
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473 | 473 | | (called 60 feet wide) for a point-of-curvature; |
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474 | 474 | | THENCE, in a southeasterly direction with said cutback and |
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475 | 475 | | with a curve to the right having a radius of 173.75 feet, a central |
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476 | 476 | | angle of 89° 51' 04", a length of 272.47 feet, and a chord bearing |
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477 | 477 | | South 47° 34' 29" East - 245.40 feet to a 5/8-inch iron rod with cap |
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478 | 478 | | stamped "T.E.A.M." set for a point-of-tangency; |
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479 | 479 | | THENCE, South 02° 38' 58" East - 4,770.88 feet with the west |
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480 | 480 | | line of said Katy-Hockley Cut-Off Road to a point in a headwall for |
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481 | 481 | | the southeast corner of said 850 acre tract and for the southeast |
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482 | 482 | | corner of this tract; |
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483 | 483 | | THENCE, South 87° 42' 31" West - 5,577.00 feet with the north |
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484 | 484 | | line of a 74.109 acre tract of land conveyed to Gold Star Realty, |
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485 | 485 | | Inc., as recorded in Harris County Clerk's File No. U987281, with |
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486 | 486 | | the north line of a 72.8256 acre tract conveyed to Minero Holdings, |
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487 | 487 | | LLC, as recorded in Harris County Clerk's File No. RP-2016-333873 |
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488 | 488 | | and with the north line of a 94.107 acre tract conveyed to Cypress |
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489 | 489 | | Prairie Mitigation, Inc., as recorded in Harris County Clerk's File |
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490 | 490 | | No. RP-2017-220630 to a 1/2-inch iron rod found for the southwest |
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491 | 491 | | corner of this tract; from which a 1-inch iron rod found for an |
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492 | 492 | | interior corner of said 850 acres bears North 87° 42' 31" East - |
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493 | 493 | | 194.97 feet; |
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494 | 494 | | THENCE, North 02° 39' 04" West - 4,095.43 feet to a 1/2-inch |
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495 | 495 | | iron rod found for a northwest corner of said 850 acre tract and for |
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496 | 496 | | the northwest corner of this tract; |
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497 | 497 | | THENCE, North 88° 14' 06" East - 3,786.97 feet with a south |
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498 | 498 | | line of a tract of land conveyed to 290 WR Holdings LP, as recorded |
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499 | 499 | | in Harris County Clerk's File No. RP-2017-245403 to a 5/8-inch iron |
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500 | 500 | | rod with cap stamped "T.E.A.M." set to replace a disturbed 3/8-inch |
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501 | 501 | | iron rod for an interior corner of this tract; |
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502 | 502 | | THENCE, North 01° 52' 21" West - 877.02 feet with a west line |
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503 | 503 | | of said 850 acre tract to the POINT OF BEGINNING and containing |
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504 | 504 | | 557.308 acres of land. |
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505 | 505 | | SECTION 3. (a) The legal notice of the intention to |
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506 | 506 | | introduce this Act, setting forth the general substance of this |
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507 | 507 | | Act, has been published as provided by law, and the notice and a |
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508 | 508 | | copy of this Act have been furnished to all persons, agencies, |
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509 | 509 | | officials, or entities to which they are required to be furnished |
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510 | 510 | | under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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511 | 511 | | Government Code. |
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512 | 512 | | (b) The governor, one of the required recipients, has |
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513 | 513 | | submitted the notice and Act to the Texas Commission on |
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514 | 514 | | Environmental Quality. |
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515 | 515 | | (c) The Texas Commission on Environmental Quality has filed |
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516 | 516 | | its recommendations relating to this Act with the governor, the |
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517 | 517 | | lieutenant governor, and the speaker of the house of |
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518 | 518 | | representatives within the required time. |
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519 | 519 | | (d) All requirements of the constitution and laws of this |
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520 | 520 | | state and the rules and procedures of the legislature with respect |
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521 | 521 | | to the notice, introduction, and passage of this Act are fulfilled |
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522 | 522 | | and accomplished. |
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523 | 523 | | SECTION 4. (a) If this Act does not receive a two-thirds |
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524 | 524 | | vote of all the members elected to each house, Subchapter C, Chapter |
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525 | 525 | | 8037, Special District Local Laws Code, as added by Section 1 of |
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526 | 526 | | this Act, is amended by adding Section 8037.0307 to read as follows: |
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527 | 527 | | Sec. 8037.0307. NO EMINENT DOMAIN POWER. The district may |
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528 | 528 | | not exercise the power of eminent domain. |
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529 | 529 | | (b) This section is not intended to be an expression of a |
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530 | 530 | | legislative interpretation of the requirements of Section 17(c), |
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531 | 531 | | Article I, Texas Constitution. |
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532 | 532 | | SECTION 5. This Act takes effect immediately if it receives |
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533 | 533 | | a vote of two-thirds of all the members elected to each house, as |
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534 | 534 | | provided by Section 39, Article III, Texas Constitution. If this |
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535 | 535 | | Act does not receive the vote necessary for immediate effect, this |
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536 | 536 | | Act takes effect September 1, 2019. |
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