Bill Text: TX SB2277 | 2017-2018 | 85th Legislature | Enrolled


Bill Title: Relating to the creation of the Lakewood Municipal Utility District No. 3; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Spectrum: Bipartisan Bill

Status: (Enrolled - Dead) 2017-06-12 - Effective on 9/1/17 [SB2277 Detail]

Download: Texas-2017-SB2277-Enrolled.html
 
 
  S.B. No. 2277
 
 
 
 
  relating to the creation of the Lakewood Municipal Utility District
  No. 3; granting a limited power of eminent domain; providing
  authority to issue bonds; providing authority to impose
  assessments, fees, and taxes.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle F, Title 6, Special District Local Laws
  Code, is amended by adding Chapter 8005 to read as follows:
  CHAPTER 8005. LAKEWOOD MUNICIPAL UTILITY DISTRICT NO. 3
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 8005.001.  DEFINITIONS.  In this chapter:
               (1)  "Board" means the district's board of directors.
               (2)  "Commission" means the Texas Commission on
  Environmental Quality.
               (3)  "Director" means a board member.
               (4)  "District" means the Lakewood Municipal Utility
  District No. 3.
         Sec. 8005.002.  NATURE OF DISTRICT.  The district is a
  municipal utility district created under Section 59, Article XVI,
  Texas Constitution.
         Sec. 8005.003.  CONFIRMATION AND DIRECTORS' ELECTION
  REQUIRED.  The temporary directors shall hold an election to
  confirm the creation of the district and to elect five permanent
  directors as provided by Section 49.102, Water Code.
         Sec. 8005.004.  CONSENT OF MUNICIPALITY REQUIRED. The
  temporary directors may not hold an election under Section 8005.003
  until each municipality in whose corporate limits or
  extraterritorial jurisdiction the district is located has
  consented by ordinance or resolution to the creation of the
  district and to the inclusion of land in the district.
         Sec. 8005.005.  FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
  (a)  The district is created to serve a public purpose and benefit.
         (b)  The district is created to accomplish the purposes of:
               (1)  a municipal utility district as provided by
  general law and Section 59, Article XVI, Texas Constitution; and
               (2)  Section 52, Article III, Texas Constitution, that
  relate to the construction, acquisition, improvement, operation,
  or maintenance of macadamized, graveled, or paved roads, or
  improvements, including storm drainage, in aid of those roads.
         Sec. 8005.006.  INITIAL DISTRICT TERRITORY.  (a)  The
  district is initially composed of the territory described by
  Section 2 of the Act enacting this chapter.
         (b)  The boundaries and field notes contained in Section 2 of
  the Act enacting this chapter form a closure.  A mistake made in the
  field notes or in copying the field notes in the legislative process
  does not affect the district's:
               (1)  organization, existence, or validity;
               (2)  right to issue any type of bond for the purposes
  for which the district is created or to pay the principal of and
  interest on a bond;
               (3)  right to impose a tax; or
               (4)  legality or operation.
  SUBCHAPTER B.  BOARD OF DIRECTORS
         Sec. 8005.051.  GOVERNING BODY; TERMS.  (a)  The district is
  governed by a board of five elected directors.
         (b)  Except as provided by Section 8005.052, directors serve
  staggered four-year terms.
         Sec. 8005.052.  TEMPORARY DIRECTORS. (a)  On or after
  September 1, 2017, the owner or owners of a majority of the assessed
  value of the real property in the district may submit a petition to
  the commission requesting that the commission appoint as temporary
  directors the five persons named in the petition.  The commission
  shall appoint as temporary directors the five persons named in the
  petition.
         (b)  Temporary directors serve until the earlier of:
               (1)  the date permanent directors are elected under
  Section 8005.003; or
               (2)  September 1, 2021.
         (c)  If permanent directors have not been elected under
  Section 8005.003 and the terms of the temporary directors have
  expired, successor temporary directors shall be appointed or
  reappointed as provided by Subsection (d) to serve terms that
  expire on the earlier of:
               (1)  the date permanent directors are elected under
  Section 8005.003; or
               (2)  the fourth anniversary of the date of the
  appointment or reappointment.
         (d)  If Subsection (c) applies, the owner or owners of a
  majority of the assessed value of the real property in the district
  may submit a petition to the commission requesting that the
  commission appoint as successor temporary directors the five
  persons named in the petition.  The commission shall appoint as
  successor temporary directors the five persons named in the
  petition.
  SUBCHAPTER C.  POWERS AND DUTIES
         Sec. 8005.101.  GENERAL POWERS AND DUTIES.  The district has
  the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 8005.102.  MUNICIPAL UTILITY DISTRICT POWERS AND
  DUTIES.  The district has the powers and duties provided by the
  general law of this state, including Chapters 49 and 54, Water Code,
  applicable to municipal utility districts created under Section 59,
  Article XVI, Texas Constitution.
         Sec. 8005.103.  AUTHORITY FOR ROAD PROJECTS. Under Section
  52, Article III, Texas Constitution, the district may design,
  acquire, construct, finance, issue bonds for, improve, operate,
  maintain, and convey to this state, a county, or a municipality for
  operation and maintenance macadamized, graveled, or paved roads, or
  improvements, including storm drainage, in aid of those roads.
         Sec. 8005.104.  ROAD STANDARDS AND REQUIREMENTS. (a)  A
  road project must meet all applicable construction standards,
  zoning and subdivision requirements, and regulations of each
  municipality in whose corporate limits or extraterritorial
  jurisdiction the road project is located.
         (b)  If a road project is not located in the corporate limits
  or extraterritorial jurisdiction of a municipality, the road
  project must meet all applicable construction standards,
  subdivision requirements, and regulations of each county in which
  the road project is located.
         (c)  If the state will maintain and operate the road, the
  Texas Transportation Commission must approve the plans and
  specifications of the road project.
         Sec. 8005.105.  COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
  OR RESOLUTION.  The district shall comply with all applicable
  requirements of any ordinance or resolution that is adopted under
  Section 54.016 or 54.0165, Water Code, and that consents to the
  creation of the district or to the inclusion of land in the
  district.
         Sec. 8005.106.  DIVISION OF DISTRICT. (a)  The district may
  be divided into two or more districts only if:
               (1)  the district has no outstanding bonded debt;
               (2)  the district is not imposing ad valorem taxes; and
               (3)  the requirements of Subsection (i), as applicable,
  are satisfied.
         (b)  This chapter applies to any new district created by the
  division of the district, and a new district has all the powers and
  duties of the district.
         (c)  A new district created by the division of the district
  may not, at the time the new district is created, contain any land
  outside the area described by Section 2 of the Act enacting this
  chapter.
         (d)  The board, on its own motion or on receipt of a petition
  signed by the owner or owners of a majority of the assessed value of
  the real property in the district, may adopt an order dividing the
  district.
         (e)  The board may adopt an order dividing the district
  before or after the date the board holds an election under Section
  8005.003 to confirm the district's creation.
         (f)  An order dividing the district shall:
               (1)  name the new district;
               (2)  include the metes and bounds of each new district;
               (3)  appoint temporary directors for each new district;
  and
               (4)  provide for the division of assets and liabilities
  between the district and each new district.
         (g)  On or before the 30th day after the date of adoption of
  an order dividing the district, the district shall file the order
  with the commission and record the order in the real property
  records of each county in which the district is located.
         (h)  A new district created by the division of the district
  shall hold a confirmation and directors' election as required by
  Section 8005.003.
         (i)  If the district is located wholly or partly in the
  corporate limits or the extraterritorial jurisdiction of a
  municipality, the district may not divide under this section unless
  the municipality by resolution or ordinance consents to the
  division of the district.  If the district is not located wholly or
  partly in the corporate limits or extraterritorial jurisdiction of
  a municipality, the district may not divide under this section
  unless the commissioners court of each county in which the district
  is wholly or partly located first adopts a resolution or order in
  support of the division of the district.
         (j)  Any new district created by the division of the district
  must hold an election as required by this chapter to obtain voter
  approval before the district may impose a maintenance tax or issue
  bonds payable wholly or partly from ad valorem taxes.
  SUBCHAPTER D.  GENERAL FINANCIAL PROVISIONS
         Sec. 8005.151.  ELECTIONS REGARDING TAXES OR BONDS.
  (a)  The district may issue, without an election, bonds and other
  obligations secured by revenue other than ad valorem taxes.
         (b)  The district must hold an election in the manner
  provided by Chapters 49 and 54, Water Code, to obtain voter approval
  before the district may impose an ad valorem tax or issue bonds
  payable from ad valorem taxes.
         (c)  The district may not issue bonds payable from ad valorem
  taxes to finance a road project unless the issuance is approved by a
  vote of a two-thirds majority of the district voters voting at an
  election held for that purpose.
         Sec. 8005.152.  OPERATION AND MAINTENANCE TAX.  (a)  If
  authorized at an election held under Section 8005.151, the district
  may impose an operation and maintenance tax on taxable property in
  the district in accordance with Section 49.107, Water Code.
         (b)  The board shall determine the tax rate.  The rate may not
  exceed the rate approved at the election.
         Sec. 8005.153.  WATER AND SEWER RATES.  Notwithstanding any
  other law, the district shall establish the same rates for
  residential and commercial classes of customers for the provision
  of water and sewer services.  For purposes of this section, the
  commercial class may not include apartment complexes or other
  multifamily dwellings.
  SUBCHAPTER E.  BONDS AND OTHER OBLIGATIONS
         Sec. 8005.201.  AUTHORITY TO ISSUE BONDS AND OTHER
  OBLIGATIONS.  The district may issue bonds or other obligations
  payable wholly or partly from ad valorem taxes, impact fees,
  revenue, contract payments, grants, or other district money, or any
  combination of those sources, to pay for any authorized district
  purpose.
         Sec. 8005.202.  TAXES FOR BONDS.  At the time the district
  issues bonds payable wholly or partly from ad valorem taxes, the
  board shall provide for the annual imposition of a continuing
  direct ad valorem tax, without limit as to rate or amount, while all
  or part of the bonds are outstanding as required and in the manner
  provided by Sections 54.601 and 54.602, Water Code.
         Sec. 8005.203.  BONDS FOR ROAD PROJECTS. At the time of
  issuance, the total principal amount of bonds or other obligations
  issued or incurred to finance road projects and payable from ad
  valorem taxes may not exceed one-fourth of the assessed value of the
  real property in the district.
         SECTION 2.  The Lakewood Municipal Utility District No. 3
  initially includes all the territory contained in the following
  area:
         All bearings, distance and acreages are grid and are
  referenced to the State Plane Coordinate System, Texas South
  Central Zone, NAD83, U. S. survey feet. Mapping angle is +01°54'04"
  and the scale factor is 0.999915022.
  TRACT I
  BEGINNING at an iron rod with cap marked `CENTERPOINT ENERGY' found
  at the northeast corner of a called 102.152 acre tract recorded in
  Document No. C683627, Deed Records of Harris County, Texas and in
  the west line of the T.& N.O. Rail Road right of way (variable
  width). Said iron rod has a State Plane coordinate value of N:
  13895997.02 and E: 3210310.99.
  THENCE S 47° 04'28" W with the west line of said Rail Road right of
  way a distance of 926.77 feet to a point for corner.
  THENCE continuing with the west line of said Rail Road right of way
  with the arc of a curve to the left having a chord direction of S 35°
  23' 19 W, and a radius of 2451.30, a distance of 1101.40 feet to a
  point for corner.
  THENCE S 23° 06' 25" W with the west line of said Rail Road right of
  way a distance of 47.01 feet to a 1/2 inch iron rod with cap
  marked '5502' set from which a 26" pine marked 'X' bears North 6.5
  feet.
  THENCE S 88°03'39" W with the north line of a called 304.5696 acre
  tract recorded in Document No. 20130230098 a distance of 2407.13
  feet to an iron rod found with cap marked 'RPLS 4615'.
  THENCE S 87°58'14" W with the north line of the said called 304.5696
  acre tract and the south line of the herein described tract a
  distance of 4489.98 feet to a 1/2 inch iron pipe found from which a
  28" sweet gum marked 'X' bears N58°W 3 feet.
  THENCE S 88°10'16" W with the north line of the said 304.5696 acre
  tract a distance of 3159.89 feet to the left bank of the San Jacinto
  River on the line of mean higher high water.
  THENCE up the river with its meanders on the line of mean higher
  high water:
  N 31°25'35" W 84.67 feet;
  N 15°33'56" W 191.85 feet;
  N 04°38'06" W 258.15 feet;
  N 14°00'39" W 87.13 feet;
  N 20°54'29" W 155.32 feet;
  N 26°38'13" W 215.05 feet;
  N 39°38'48" W 353.07 feet;
  N 50°07'18" W 307.76 feet;
  N 54°25'26" W a distance of 278.56 feet to a point for corner at the
  southwest corner of said called 102.152 acre tract.
  THENCE N 88°23'12" E with the south line of the said called 102.152
  acre tract and the north line of the herein described tract 9551.32
  feet to an iron rod found with blue cap.
  THENCE N87°53'38"E with the south line said called 102.152 acre
  tract a distance of 2593.16 feet to 1/2 inch iron rod set with cap
  marked '5502'.
  THENCE S 85°24'11" E with the south line of the said called 102.152
  acre tract and the north line of the herein described tract a
  distance of 225.32 feet to the PLACE OF BEGINNING, containing
  394.12 acres of land.
  TRACT II
  BEGINNING at a 1" iron pipe found at the most easterly corner of a
  called 56.50 acre tract recorded in Volume 1458, Page 1, Deed
  Records of Harris County, Texas, in the south line of the San
  Jacinto River Authority East Canal right of way, recorded in Volume
  1294, Page 256, Deed Records of Harris County, Texas, and at the
  most northerly northwest corner of this tract, and having a Texas
  State Plane coordinate value of N: 13902035.22 and E: 3197556.06.
  THENCE S 58° 23' 02" E with the south line of said San Jacinto River
  Authority East Canal right of way, and a north line of this tract, a
  distance of 1,097.21 feet to a 1/2 inch iron rod set with cap marked
  "SHINE 5502".
  THENCE continuing with the south line of said San Jacinto River
  Authority East Canal right of way, and a north line of this tract,
  with the arc of a curve to the left having a chord direction of S 84°
  10' 00" E, a radius of 317.72, a distance of 298.83 feet to a 1/2
  inch iron rod set with cap marked "SHINE 5502".
  THENCE N 68° 53' 20" E continuing with the south line of said San
  Jacinto River Authority East Canal right of way, and a north line of
  this tract a distance of 1,833.89 feet to a point.
  THENCE N 72° 25' 46" E continuing with the south line of said San
  Jacinto River Authority East Canal, and a north line of this tract a
  distance of 567.07 feet to a 1/2 inch iron rod with cap marked
  "SHINE 5502" set at the northwest corner of a called 2.866 acre
  tract recorded in Harris County Clerk's File E018138.
  THENCE S 01° 15' 13" E with the west line of said called 2.866 acre
  tract a distance of 329.82' to a 1/2 inch iron rod with cap marked
  "SHINE 5502" set at the southwest corner of said called 2.866 acre
  tract.
  THENCE N 88° 44' 57" E with the south line of said called 2.866 acre
  tract, a distance of 330.05 feet to a 1/2 inch iron rod with cap
  marked "SHINE 5502" set at the southeast corner of said called 2.866
  acre tract.
  THENCE N 01° 15' 14" W with the east line of said called 2.866 acre
  tract a distance of 426.18 feet to a 1/2 inch iron rod with cap
  marked "SHINE 5502" set at the northeast corner of said called 2.866
  acre tract, in the south line of said San Jacinto River Authority
  East Canal right of way.
  THENCE N 72° 28' 26" E continuing with the south line of said San
  Jacinto River Authority East Canal right of way, and a north line of
  this tract a distance of 312.52 feet to a 1/2 inch iron rod with cap
  marked "SHINE 5502" set at a northerly corner of this tract and the
  northwest corner of Newport Subdivision, Section 4, a subdivision
  recorded in Volume 206, Page 145, Map Records of Harris County,
  Texas, from which an iron rod found with cap marked "RUSS AND PARK
  SURVEYING" bears N 72° 29' 29" E a distance of 167.92 feet.
  THENCE S 00° 36' 34" E with a west line of said Newport Subdivision,
  Section 4, and a northerly east line of this tract a distance of
  1,261.04 feet to a 1/2 inch iron rod found at the most westerly
  southwest corner of said Newport Subdivision, Section 4.
  THENCE N 89° 29' 03" E with a south line of said Newport Subdivision,
  Section 4 and a north line of this tract a distance of 71.96 feet to
  a 1/2 inch iron rod found at the most southerly northwest corner of
  a called 9.29 acre tract (Called Tract 6), recorded in Harris County
  Clerk's File Z432808.
  THENCE S 18° 57' 14" W with the west line of said called 9.29 acre
  tract, passing the southwest corner of said called 9.29 acre tract
  and the northwest corner of a called 4.29 acre tract recorded in
  File No. T528516, Deed Records of Harris County, Texas, and
  continuing a total distance of 512.10 feet to 1/2 inch iron rod with
  cap marked "SHINE 5502" set at the southwest corner of said called
  4.29 acre tract.
  THENCE S 48° 47' 48" E with the southwest line of said called 4.29
  acre tract a distance of 660.77 feet to a 1/2 inch iron rod found at
  the southeast corner of said called 4.29 acre tract in the west line
  of Newport Subdivision, Section 2, a subdivision recorded in Volume
  195, Page 35, Map Records of Harris County, Texas.
  THENCE S 04° 57' 10" W with the west line of said Newport
  Subdivision, Section 2, a distance of 1,073.79 feet to a 1/2 inch
  iron rod with cap marked "SHINE 5502" set in the south right of way
  line of Diamondhead Boulevard (100 feet wide right of way) and at an
  interior corner of this tract.
  THENCE with the south right of way line of said Diamondhead
  Boulevard with the arc of a curve to the left having a chord
  direction of N 89° 25' 20" E, a radius of 2,049.25, a distance of
  560.15 feet to a 1/2 inch iron rod with cap marked "SHINE 5502" set
  at the northwest corner of a called 175.61 acre tract recorded in
  T528516, Deed Records of Harris County, Texas.
  THENCE S 01° 23' 48" E with the west line of said called 175.61 acre
  tract a distance of 2,298.34 feet to a 60D nail set at the southwest
  corner of said called 175.61 acre tract and an interior corner of
  this tract.
  THENCE N 88° 30' 12" E with the south line of said called 175.61 acre
  tract a distance of 2,983.90 feet to a 1/2 inch iron rod with cap
  marked "SHINE 5502" set at the southeast corner of said called
  175.61 acre tract.
  THENCE with the east line of said called 175.61 acre tract with the
  arc of a curve to the right having a chord direction of N 15° 16' 49"
  E, a radius of 2,100.00 feet, a distance of 366.97 feet to a 1/2 inch
  iron rod set with cap marked "SHINE 5502".
  THENCE N 20° 17' 11" E continuing with the east line of said called
  175.61 acre tract a distance of 509.92 feet to a 1/2 inch iron rod
  set with cap marked "SHINE 5502".
  THENCE continuing with the east line of said called 175.61 acre
  tract with the arc of a curve to the right having a chord direction
  of N 26° 19' 31" E, a radius of 2,100.00 feet, a distance of 440.98
  feet to a 1/2 inch iron rod set with cap marked "SHINE 5502".
  THENCE N 32° 20' 27" E continuing with the east line of said called
  175.61 acre tract a distance of 140.56 feet to a 1/2 inch iron rod
  set with cap marked "SHINE 5502".
  THENCE continuing with the east line of said called 175.61 acre
  tract with the arc of a curve to the left having a chord direction of
  N 06° 59' 15" E, a radius of 1,200.04 feet, a distance of 949.49 feet
  to a 1/2 inch iron rod with cap marked "SHINE 5502" set at the
  northeast corner of said called 175.61 acre tract, in the south
  right of way of said Diamondhead Boulevard.
  THENCE N 75° 17' 09" E with the south right of way line of said
  Diamondhead Boulevard, and a north line of this tract, a distance of
  769.43 feet to a 1/2 inch iron rod set with cap marked "SHINE 5502".
  THENCE continuing with the south right of way line of said
  Diamondhead Boulevard with the arc of a curve to the right having a
  chord direction of N 77° 44' 32" E, a radius of 1,951.36 feet, a
  distance of 167.12 feet to a 1/2 inch iron rod with cap marked
  "SHINE 5502" set at the northwest corner of Newport Subdivision,
  Section 8, a subdivision recorded in Volume 288, Page 21, Map
  Records of Harris County, Texas, and a northeast corner of this
  tract.
  THENCE S 08° 03' 08" W with a west line of said Newport Subdivision,
  Section 8, a distance of 515.74 feet to a 1/2 inch iron rod found.
  THENCE S 62° 25' 36" E continuing with the west line of said Newport
  Subdivision, Section 8, a distance of 177.89 feet to a 1/2 inch iron
  rod found.
  THENCE S 36° 39' 06" E continuing with the west line of said Newport
  Subdivision, Section 8, a distance of 59.96 feet to a 1/2 inch iron
  rod found.
  THENCE S 58° 36' 12" E continuing with the west line of said Newport
  Subdivision, Section 8, a distance of 96.09 feet to a 1/2 inch iron
  rod found at a northerly southwest corner of said Newport
  Subdivision, Section 8.
  THENCE N 88° 23' 50" E with a northerly south line of said Newport
  Subdivision, Section 8, a distance of 51.27 feet to a 1/2 inch iron
  rod found at the northwest corner of a called 14.1645 acre tract
  recorded in File No. S031457, Deed Records of Harris County, Texas.
  THENCE S 02° 21' 10" E with the west line of said called 14.1645 acre
  tract a distance of 1,333.31 feet to a 1/2 inch iron rod found at the
  southwest corner of said called 14.1645 acre tract, from which a 42"
  Sycamore bears N 44° E a distance of 36.60 feet, a 12" corner post
  with old barbed wire bears N 04° W a distance of 12.50 feet, and the
  north bank of Gum Gully bears South, 26.70 feet.
  THENCE N 87° 37' 51" E with the south line of said called 14.1645
  acre tract, passing the
  southeast corner of said called 14.1645 acre tract and the
  southwest corner of a called 15.1515 acre tract recorded in File
  No. 20070632536, Deed Records of Harris County, Texas, a total
  distance of 1, 545.45 feet to a 60D Nail found in fence post at the
  southeast corner of said called 15.1515 acre tract.
  THENCE N 02° 49' 23" W with the west line of said called 15.1515 acre
  tract a distance of 326.36 feet to a 1/2 inch iron rod with cap
  marked "SHINE 5502" set at a southwest corner of said Newport
  Subdivision, Section 8.
  THENCE N 88° 16' 59" E with a south line of said Newport Subdivision,
  Section 8, and a north line of this tract a distance of 125.02 feet
  to a 1/2 inch iron rod set with cap marked "SHINE 5502".
  THENCE S 75° 51' 35" E continuing with a south line of said Newport
  Subdivision, Section 8 and a north line of this tract a distance of
  83.64 feet to a 1/2 inch iron rod set with cap marked "SHINE 5502".
  THENCE with a west line of said Newport Subdivision, Section 8, and
  an east line of this tract with the arc of a curve to the right
  having a chord direction of S 10° 15' 26" W, a radius of 250.00 feet,
  a distance of 162.32 feet to a 1/2 inch iron rod set with cap marked
  "SHINE 5502".
  THENCE continuing with a west line of said Newport Subdivision,
  Section 8, and an east line of this tract with the arc of a curve to
  the left having a chord direction of S 13° 34' 14" W, a radius of
  150.00 feet, a distance of 80.05 feet to a 1/2 inch iron rod set with
  cap marked "SHINE 5502".
  THENCE S 01° 43' 01" E continuing with an east line of said Harris
  County Flood Control District drainage easement, a west line of
  said Newport Subdivision, Section 8, and an east line of this tract
  a distance of 120.00 feet to a 1/2 inch iron rod set with cap marked
  "SHINE 5502".
  THENCE S 09° 20' 38" W continuing with a west line of said Newport
  Subdivision, Section 8, and an east line of this tract a distance of
  57.36 feet to a 1/2 inch iron rod set with cap marked "SHINE 5502".
  THENCE S 20° 21' 57" W continuing a west line of said Newport
  Subdivision, Section 8, and an east line of this tract a distance of
  165.00 feet to a 1/2 inch iron rod set with cap marked "SHINE 5502".
  THENCE S 20° 24' 23" E continuing with a west line of said Newport
  Subdivision, Section 8, and an east line of this tract a distance of
  381.48 feet to a 1/2 inch iron rod set with cap marked "SHINE 5502".
  THENCE S 32° 47' 17" E continuing with a west line of said Newport
  Subdivision, Section 8, and an east line of this tract a distance of
  244.44 feet to a 1/2 inch iron rod with cap marked "SHINE 5502" set
  at a southwest corner of said Newport Subdivision, Section 8 and an
  interior corner of this tract.
  THENCE S 81° 16' 59" E with a south line of said Newport Subdivision,
  Section 8 and a north line of this tract a distance of 195.69 feet to
  a 1/2 inch iron rod set with cap marked "SHINE 5502".
  THENCE S 04° 41' 04" W continuing with a south line of said Newport
  Subdivision, Section 8 and a north line of this tract a distance of
  30.71 feet to a 1/2 inch iron rod set with cap marked "SHINE 5502".
  THENCE S 85° 27' 13" E continuing with a south line of said Newport
  Subdivision, Section 8 and a north line of this tract a distance of
  27.39 feet to a 1/2 inch iron rod set with cap marked "SHINE 5502".
  THENCE N 04° 01' 49" E continuing with a south line of said Newport
  Subdivision, Section 8 and a north line of this tract a distance of
  30.29 feet to a 1/2 inch iron rod set with cap marked "SHINE 5502".
  THENCE N 08° 43' 00" E continuing with a south line of said Newport
  Subdivision, Section 8 and a north line of this tract a distance of
  207.55 feet to a 1/2 inch iron rod set with cap marked "SHINE 5502".
  THENCE S 81° 16' 59" E continuing with a south line of said Newport
  Subdivision, Section 8 and a north line of this tract a distance of
  100.00 feet to a 1/2 inch iron rod set with cap marked "SHINE 5502".
  THENCE S 08° 13' 08" W continuing with a south line of said Newport
  Subdivision, Section 8 and a north line of this tract a distance of
  282.01 feet to a 1/2 inch iron rod with cap marked "SHINE 5502" set
  at a southerly corner of said Newport Subdivision, Section 8.
  THENCE continuing with a south line of said Newport Subdivision,
  Section 8, a north line of this tract, with the arc of a curve to the
  left having a chord direction of N 60° 58' 25" E, a radius of 400.00
  feet, a distance of 195.69 feet to a 1/2 inch iron rod set with cap
  marked "SHINE 5502".
  THENCE N 46° 57' 29" E continuing with a south line of said Newport
  Subdivision, Section 8, and a north line of this tract a distance of
  202.17 feet to a 1/2 inch iron rod set with cap marked "SHINE 5502".
  THENCE continuing with a south line of said Newport Subdivision,
  Section 8 and a north line of this tract, with the arc of a curve to
  the right having a chord direction of N 53° 03' 29" E, a radius of
  450.00 feet, a distance of 95.82 feet to a point.
  THENCE continuing with a south line of said Newport Subdivision,
  Section 8 and a north line of this tract with the arc of a curve to
  the left having a chord direction of N 45° 33' 29" E, a radius of
  400.00 feet, a distance of 189.89 feet to a point.
  THENCE N 31° 57' 29" E continuing with a south line of said Newport
  Subdivision, Section 8 and a north line of this tract a distance of
  228.06 feet to a point.
  THENCE continuing with a south line of said Newport Subdivision,
  Section 8 and a north line of this tract, with the arc of a curve to
  the right having a chord direction of N 45° 27' 29" E, a radius of
  500.00 feet, a distance of 235.62 feet to a 1/2 inch iron rod set
  with cap marked "SHINE 5502".
  THENCE continuing with a south line of said Newport Subdivision,
  Section 8 and a north line of this tract, with the arc of a curve to
  the left having a chord direction of N 32° 42' 29" E, a radius of
  300.00 feet, a distance of 274.89 feet to a 1/2 inch iron rod set
  with cap marked "SHINE 5502".
  THENCE continuing with a south line of said Newport Subdivision,
  Section 8 and a north line of this tract with the arc of a curve to
  the right having a chord direction of N 14° 31' 50" E, a radius of
  500.00 feet, a distance of 140.89 feet to a 1/2 inch iron rod set
  with cap marked "SHINE 5502".
  THENCE N 57° 42' 31" W continuing with a south line of said Newport
  Subdivision, Section 8, and a north line of this tract a distance of
  92.28 feet to a 1/2 inch iron rod set with cap marked "SHINE 5502".
  THENCE N 32° 17' 29" E continuing with a south line of said Newport
  Subdivision, Section 8, and a north line of this tract a distance of
  60.00 feet to a 1/2 inch iron rod set with cap marked "SHINE 5502".
  THENCE S 57° 42' 31" E continuing with a south line of said Newport
  Subdivision, Section 8, and a north line of this tract a distance of
  85.49 feet to a 1/2 inch iron rod with cap marked "SHINE 5502" set.
  THENCE continuing with a south line of said Newport Subdivision,
  Section 8 and a north line of this tract with the arc of a curve to
  the right having a chord direction of N 36° 29' 38" E, a radius of
  500.00 feet, a distance of 118.64 feet to a 1/2 inch iron rod set
  with cap marked "SHINE 5502".
  THENCE N 43° 17' 29" E continuing with a south line of said Newport
  Subdivision, Section 8 and a north line of this tract a distance of
  374.07 feet to a point.
  THENCE continuing with a south line of said Newport Subdivision,
  Section 8 and a north line of this tract with the arc of a curve to
  the right having a chord direction of N 52° 47' 29" E, a radius of
  600.00 feet, a distance of 198.97 feet to a 1/2 inch iron rod set
  with cap marked "SHINE 5502".
  THENCE N 62° 17' 29" E continuing with a south line of said Newport
  Subdivision, Section 8 and a north line of this tract a distance of
  68.45 feet to a point.
  THENCE continuing with a south line of said Newport Subdivision,
  Section 8 and a north line of this tract with the arc of a curve to
  the left having a chord direction of N 33° 14' 01" E, a radius of
  139.25 feet, a distance of 141.24 feet to a 1/2 inch iron rod set
  with cap marked "SHINE 5502".
  THENCE continuing with a south line of said Newport Subdivision,
  Section 8 and a north line of this tract with the arc of a curve to
  the left having a chord direction of N 00° 55' 12" E, a radius of
  300.00 feet, a distance of 34.09 feet to a 1/2 inch iron rod with cap
  marked "SHINE 5502" set at the southerly southeast corner of said
  Newport Subdivision, Section 8 and in the west line of The City of
  Crosby Town Site, recorded in Volume 7, Page 26, Deed Records of
  Harris County, Texas, also being the west line of a tract of land
  referenced as "Tract 1" and "Tract 2" recorded in File No. W314743,
  Deed Records of Harris County, Texas.
  THENCE S 02° 45' 41" E with a west line of said City of Crosby Town
  Site, the west line of said called "Tract 1" and "Tract 2", and an
  east line of this tract a distance of 229.20 feet to a point in the
  centerline of Jackson Bayou.
  THENCE with a south line of said City of Crosby Town Site, a south
  line of said called "Tract 1" and "Tract 2", a north line of this
  tract, along the centerline of said Jackson Bayou the following
  bearings and distances:
 
N 65° 32' 07" E 30.32 feet
 
N 76° 12' 19" E 10.85 feet
 
N 19° 33' 49" E 41.24 feet
 
N 40° 05' 08" W 34.88 feet
 
N 09° 21' 28" W 46.05 feet
 
N 26° 11' 16" E 45.20 feet
 
N 60° 33' 12" E 80.04 feet
 
N 48° 22' 25" E 110.85 feet
 
N 50° 01' 28" E 64.58 feet
 
N 78° 38' 48" E 76.53 feet
 
N 62° 45' 53" E 42.10 feet
 
N 26° 13' 09" E 43.70 feet
 
S 17° 27' 48" E 44.35 feet
  THENCE S 04° 37' 07" E continuing with a south line of said City of
  Crosby Town Site, a south line of said called "Tract 1" and "Tract
  2", a north line of this tract, along the centerline of said Jackson
  Bayou, passing the southerly southeast corner of said called "Tract
  1" and "Tract 2", and continuing a total distance of 90.52 feet to a
  point.
  THENCE continuing with a south line of said City of Crosby Town
  Site, a north line of this tract, along the centerline of said
  Jackson Bayou the following bearings and distances:
 
S 31° 33' 28"E 19.00 feet
 
S 89° 42' 03" E 32.70 feet
 
S 65° 08' 41" E 86.19 feet
  THENCE S 82° 49' 14" E continuing with a south line of said City of
  Crosby Town Site, a north line of this tract, along the centerline
  of said Jackson Bayou a distance of 54.91 feet to a point at the most
  easterly northeast corner of this tract and the northwest corner of
  a called 7.6429 acre tract recorded in File No. E429933, Deed
  Records of Harris County, Texas.
  THENCE S 16° 01' 51" E with the west line of said called 7.6429 acre
  tract and the most easterly east line of this tract, at a distance
  of 56.24 feet pass a 1/2 inch iron rod with cap marked "SHINE 5502"
  set for reference, from which an iron rod with cap marked "PRECISION
  SURVEYORS" found at the northeast corner of Lot 1, Block 3, said
  City of Crosby Town Site bears N 19° 38' 01" E a distance of 409.41
  feet, an iron rod with cap marked "PRECISION SURVEYORS found in the
  east line of said Lot 1, Block 3, City of Crosby Town Site bears N
  85° 43' 47" E a distance of 471.48 feet, and continuing a total
  distance of 781.81 feet to a 1/2 inch iron rod with cap marked
  "SHINE 5502" set at the southwest corner of said called 7.6429 acre
  tract, in the north right of way of T. & N. 0. Railroad, a variable
  width right of way, and at the most easterly southeast corner of
  this tract.
  THENCE S 46° 52' 02" W with the most easterly east line of this tract
  and the west right of way line of said T. & N. 0. Railroad, a
  distance of 1,876.95 feet to a 1" iron pipe found in the north line
  of a called 102.152 acre tract (Tract 2), recorded in File
  No. C683627, Deed Records of Harris County, Texas, and at the
  southeast corner of this tract, from which an iron rod found with
  cap marked "CENTERPOINT ENERGY" found at the northeast corner of
  herein described Tract I bears S 46° 45' 17" W, a distance of 556.58
  feet.
  THENCE S 87° 53' 52" W with the north line of said called 102.152
  acre tract and the south line of this tract a distance of 2,233.36
  feet to a 1/4 inch iron rod found at the southeast corner of a called
  21.234 acre tract recorded in File No. G553519, Deed Records of
  Harris County, Texas, and a southwest corner of this tract from
  which a found 1" iron pipe bears S 87° 53' 43" W, a distance of 999.06
  feet.
  THENCE N 01° 06' 07" W with the east line of said called 21.234 acre
  tract and a west line of this tract, passing the southeast corner of
  a called 0.116 acre tract recorded in File No. P220412, Deed
  Records of Harris County, Texas, a total distance of 308.90 feet to
  a 1/2 inch iron rod with cap marked "SHINE 5502" set at the
  northeast corner of said called 0.116 acre tract recorded in File
  No. P220412, and an interior corner of this tract.
  THENCE N 81° 29' 07" W with the north line of said called 0.116 acre
  tract recorded in File No. P220412, and a south line of this tract,
  at a distance of 100.00 feet pass the northwest corner of said
  called 0.116 acre tract and the northeast corner of a called 0.116
  acre tract recorded in File No. R256220, Deed Records of Harris
  County, Texas, at a distance of 200.00 feet pass the northwest
  corner of said called 0.116 acre tract recorded in File No. R256220
  and the northeast corner of a called 0.1164 acre tract recorded in
  File No. S300312, Deed Records of Harris County, Texas, at a
  distance of 300.00 feet pass the northwest corner of said called
  0.1164 acre tract recorded in File No. S300312 and the northeast
  corner of a called 0.116 acre tract recorded in File No. R304758,
  Deed Records of Harris County, Texas, at a distance of 400.00 feet,
  pass the northwest corner of said called 0.116 acre tract recorded
  in File No. R304758 and the northeast corner of a called 0.116 acre
  tract recorded in File No. P254365, Deed Records of Harris County,
  Texas, at a distance of 500.00 feet pass the northwest corner of
  said called 0.116 acre tract recorded in File No. P254365 and a
  northeast corner of said called 21.234 acre tract, continuing along
  a north line of said called 21.234 acre tract and a south line of
  this tract a total distance of 529.21 feet to a 1/2 inch iron rod set
  with cap marked "SHINE 5502".
  THENCE N 51° 33' 28" W a distance of 799.95 feet to a 1/2 inch iron
  rod with cap marked "SHINE 5502" set at the northwest corner of said
  called 21.234 acre tract and at an interior corner of this tract.
  THENCE S 25° 27' 04" W with the west line of said called 21.234 acre
  tract and an east line of this tract, a distance of 528.15 feet to a
  1/2 inch iron rod with cap marked "SHINE 5502" set at the northwest
  corner of a called 2.1614 acre tract recorded in File No. K076581,
  Deed Records of Harris County, Texas.
  THENCE N 65° 59' 23" W with a north line of said called 2.1614 acre
  tract and a northerly south line of this tract, a distance of 929.77
  feet to a found iron rod with cap marked "RPLS 4615".
  THENCE continuing with the north line of said called 2.1614 acre
  tract and a northerly south line of this tract with the arc of a
  curve to the left having a chord direction of N 85° 42' 42" W, a
  radius of 509.50 feet, a distance of 238.49 feet to a found iron rod
  with cap marked "RPLS 4615".
  THENCE S 74° 30' 20" W continuing with the north line of said called
  2.1614 acre tract and a northerly south line of this tract a
  distance of 417.76 feet to a 1/2 inch iron rod with cap marked
  "SHINE 5502" set at the northwest corner of said called 2.1614 acre
  tract and an interior corner of this tract.
  THENCE S 15° 29' 23" E with the west line of said called 2.1614 tract
  and an east line of this tract a distance of 60.00 feet to an iron
  rod with cap marked "RPLS 4615" found at the southwest corner of
  said called 2.1614 acre tract.
  THENCE N 74° 30' 26" E with the south line of said called 2.1614 acre
  tract and a southerly north line of this tract a distance of 418.00
  feet to a found iron rod with cap marked "RPLS 4615".
  THENCE continuing with the south line of said called 2.1614 acre
  tract and a southerly north line of this tract with the arc of a
  curve to the right having a chord direction of S 83° 40' 53" E, a
  radius of 595.34 feet, a distance of 196.44 feet to a 1/2 inch iron
  rod set with cap marked "SHINE 5502".
  THENCE S 65° 59' 23" E continuing with the south line of said called
  2.164 acre tract and a southerly north line of this tract a distance
  of 927.30 feet to a 1/2 inch iron rod with cap marked "SHINE 5502"
  set at the southeast corner of said called 2.1614 acre tract in the
  west line of said called 21.234 acre tract.
  THENCE S 25° 16' 50" W with the west line of said called 21.234 acre
  tract and an east line of this tract, a distance of 441.83 feet to an
  iron rod with cap marked "RPLS 4615" found at the southwest corner
  of said called 21.234 acre tract, in the north line of said called
  102.152 acre tract and at a southeast corner of this tract, from
  which a found 1" iron pipe bears N 88° 29' 40" E, a distance of 600.63
  feet.
  THENCE S 88° 21' 40" W with a south line of this tract and the north
  line of said called 102.152 acre tract, at a distance of 7,048.87
  feet, pass a found 3/4" iron rod and continue a total distance of
  7,133.88 feet to a 1/2 inch iron rod with cap marked "SHINE 5502"
  set at the southeast corner of a called 1 acre tract recorded in
  File No. H076771, Deed Records of Harris County, Texas.
  THENCE N 01° 38' 26" W with a west line of this tract and the east
  line of said called 1 acre tract, a distance of 208.71 feet to a 1/2
  inch iron rod with cap marked "SHINE 5502" set at the northeast
  corner of said called 1 acre tract.
  THENCE S 88° 21' 40" W with a south line of this tract and the north
  line of said called 1 acre tract, a distance of 208.71 feet to a 1/2
  inch iron rod with cap marked "SHINE 5502" set at the northwest
  corner of said called 1 acre tract.
  THENCE S 01° 38' 26" E with an east line of this tract and the west
  line of said called 1 acre tract, a distance of 208.71 feet to a 1/2
  inch iron rod with cap marked "SHINE 5502" set at the southwest
  corner of said called 1 acre tract, in the north line of said called
  102.152 acre tract.
  THENCE S 88° 21' 40" W with a south line of this tract and the north
  line of said called 102.152 acre tract, a distance of 2,021.97 feet
  to the line of mean higher high water on the San Jacinto River.
  THENCE meandering the line of mean higher high water along the left
  bank of the San Jacinto River, the following bearings and
  distances:
 
N 53° 39' 19" W 446.94 feet
 
N 59° 28' 06" W 369.78 feet
 
N 32° 15' 28" W 88.34 feet
 
N 50° 54' 05" W 129.34 feet
 
N 43° 04' 40" W 188.13 feet
 
N 45° 19' 17" W 78.88 feet
 
N 27° 03' 34" W 250.17 feet
 
N 13° 49' 11" W 192.54 feet
 
N 13° 56' 26" W 103.14 feet
 
N 00° 46' 29" E 503.45 feet
 
N 03° 28' 48" E 224.28 feet
 
N 03° 58' 09" E 246.51 feet
 
N 01° 50' 57" E 180.18 feet
 
N 04° 57' 15" E 202.55 feet
 
N 07° 14' 24" E 177.80 feet
 
N 12° 57' 35" E 166.40 feet
 
N 07° 38' 19" E 108.67 feet
 
N 08° 55' 16" E 130.31 feet
 
N 04° 27' 32" E 158.34 feet
 
N 20° 09' 17" E 102.98 feet
 
N 15° 38' 50" E 168.56 feet
 
N 08° 04' 25" W 320.01 feet
 
N 24° 35' 18" W 119.21 feet
 
N 25° 33' 04" W 239.12 feet
  THENCE N 32° 33' 43" W continuing along the line of mean higher high
  water on the left bank of the San Jacinto River, a distance of
  117.10 feet to a point at the southwest corner of said called 56.50
  acre tract and a southerly northwest corner of this tract.
  THENCE N 59° 33' 11" E with the south line of said called 56.50 acre
  tract and a north line of this tract, a distance of 834.87 feet to a
  1" iron pipe found at the southeast corner of said called 56.50 acre
  tract and an interior corner of this tract.
  THENCE N 22° 44' 35" E with the southerly east line of said called
  56.50 acre tract and a northerly west line of this tract, a distance
  of 1,342.07 feet to the PLACE OF BEGINNING, containing 991.55
  acres.
  TRACT III
  BEGINNING at a 1" iron pipe found in the south line of the Absalom
  Reeves Survey, Abstract 60, and the north line of said Abstract 838,
  in the west line of a called 167.305 acre tract recorded in File
  No. 2010010605, Deed Records of Harris County, Texas, at the
  southeast corner of a called 60.0765 acre tract recorded in File
  No. U922164, Deed Records of Harris County, Texas, and at the
  northeast corner of this tract. Said 1" iron pipe has a Texas State
  Plane coordinate value of N: 13910927.97 and E: 3206944.66.
  THENCE S 02° 37' 23" E (Called S 02° 37' 21" E) with the west line of
  said called 167.305 acre tract and the east line of this tract, a
  distance of 1,434.17 feet to a 1/2 inch iron rod with cap marked
  "SHINE 5502" set at the southwest corner of said 167.305 acre tract.
  THENCE S 87° 47' 10" E with the south line of said called 167.305
  acre tract and a north line of this tract, a distance of 51.63 feet
  to a 1/2 inch iron rod with cap marked "SHINE 5502" set in the north
  right of way of Diamondhead Boulevard North, (100 feet wide
  R.O.W.), at the northwest corner of Newport Subdivision, Section
  10, a subdivision recorded in Volume 220, Page 76, Map Records of
  Harris County, Texas.
  THENCE S 02° 12' 50" W with a west line of said Section 10 and an east
  line of this tract, a distance of 100.00 feet to a 1/2 inch iron rod
  with cap marked "SHINE 5502" set in the south right of way line of
  said Diamondhead Boulevard North, at a northerly southwest corner
  of said Section 10.
  THENCE S 87° 47' 10" E with the south right of way line of said
  Diamondhead Boulevard North, a northerly south line of said Section
  10, and a north line of this tract, a distance of 37.06 feet to a 1/2
  inch iron rod with cap marked "SHINE 5502" set at the intersection
  of the south right of way line of said Diamondhead Boulevard North,
  and the west right of way line of Golf Club Drive (100 feet wide
  R.O.W.) in a west line of said Section 10.
  THENCE S 42° 47' 10" E with the west right of way of said Golf Club
  Drive, the west line of said Section 10 and the east line of this
  tract, a distance of 14.14 feet to a 1/2 inch iron rod with cap set
  marked "SHINE 5502".
  THENCE S 01° 07' 10" E continuing with the west right of way of said
  Golf Club Drive, the west line of said Section 10 and the east line
  of this tract, a distance of 183.64 feet to a 1/2 inch iron rod with
  cap set marked "SHINE 5502".
  THENCE continuing with the west right of way of said Golf Club
  Drive, the west line of said Section 10 and the east line of this
  tract, with the arc of a curve to the right having a radius of
  1,950.00 feet and a central angle of 20° 00' 00", a distance of
  680.68 feet to a 1/2 inch iron rod with cap set marked "SHINE 5502".
  THENCE S 22° 12' 50" W continuing with the west right of way of said
  Golf Club Drive, the west line of said Section 10 and the east line
  of this tract, a distance of 660.85 feet to a 1/2 inch iron rod with
  cap set marked "SHINE 5502".
  THENCE continuing with the west right of way of said Golf Club
  Drive, the west line of said Section 10 and the east line of this
  tract, with the arc of a curve to the left having a radius of
  3,050.00 feet and a central angle of 45° 06' 00", a distance of
  2,400.79 feet to a 1/2 inch iron rod with cap set marked "SHINE
  5502".
  THENCE S 22° 57' 10" E continuing with the west right of way of said
  Golf Club Drive, the west line of said Section 10 and the east line
  of this tract, a distance of 714.81 feet to a 1/2 inch iron rod with
  cap marked "SHINE 5502" set at the northeast corner of a called
  3.3685 acre tract recorded in File No. N409807, Deed Records of
  Harris County, Texas, and the most easterly southeast corner of
  this tract.
  THENCE S 74° 57' 26" W with the north line of said called 3.3685 acre
  tract and a south line of this tract, a distance of 170.16 feet to a
  1/2 inch iron rod with cap set marked "SHINE 5502".
  THENCE S 38° 21' 36" W continuing with the north line of said called
  3.3685 acre tract and a south line of this tract, a distance of
  375.28 feet to a 1/2 inch iron rod with cap marked "SHINE 5502" set
  at the southerly northeast corner of a called 53.17 acre tract
  recorded in File No. U652009, Deed Records of Harris County, Texas,
  and a southeast corner of this tract, from which a 1/2 inch iron rod
  found at the southeast corner of said called 53.17 acre tract and
  the southwest corner of said called 3.3685 acre tract bears S 38° 21'
  38" W, a distance of 10.86 feet.
  THENCE N 75° 29' 31" W with a southerly north line of said called
  53.17 acre tract and a south line of this tract, a distance of
  577.95 feet to an iron rod with cap marked "TERRA SURVEYING" found
  at a southerly northeast corner of said called 53.17 acre tract, and
  an interior corner of this tract.
  THENCE N 05° 37' 30" E with the east line of said called 53.17 acre
  tract and a west line of this tract, a distance of 480.74 feet to an
  iron rod found with cap marked "TERRA SURVEYING".
  THENCE N 08° 08' 01" E continuing with the east line of said called
  53.17 acre tract and a west line of this tract, a distance of 825.65
  feet to an iron rod found with cap marked "TERRA SURVEYING".
  THENCE continuing with the east line of said called 53.17 acre tract
  and a west line of this tract, with the arc of a curve to the left
  having a radius of 250.61 feet and a central angle of 98° 17' 48", a
  distance of 429.95 feet to an iron rod with cap marked "TERRA
  SURVEYING" found at the northeast corner of said called 53.17 acre
  tract.
  THENCE N 89° 04' 41" W with the north line of said called 53.17 acre
  tract and a south line of this tract, a distance of 407.72 feet to an
  iron rod found with cap marked "TERRA SURVEYING".
  THENCE S 74° 12' 35" W continuing with the north line of said called
  53.17 acre tract and a south line of this tract, a distance of
  412.92 feet to an iron rod found with cap marked "TERRA SURVEYING".
  THENCE S 71° 17' 47" W continuing with the north line of said called
  53.17 acre tract and a south line of this tract, a distance of
  313.23 feet to an iron rod found with cap marked "TERRA SURVEYING".
  THENCE S 64° 30' 39" W continuing with the north line of said called
  53.17 acre tract and a south line of this tract, a distance of
  250.16 feet to an iron rod with cap marked "TERRA SURVEYING" found
  at the northwest corner of said called 53.17 acre tract and an
  interior corner of this tract.
  THENCE S 30° 45' 58" W with the west line of said called 53.17 acre
  tract and an east line of this tract, a distance of 938.35 feet to an
  iron rod found with cap marked "TERRA SURVEYING" from which a 1 1/4
  inch iron pipe found in the south line of said called 53.17 acre
  tract and the north line of The San Jacinto River Authority East
  Canal tract, recorded in Volume 1294, Page 256, Deed Records of
  Harris County, Texas bears S 76° 55' 49" E a distance of 700.71 feet.
  THENCE S 38° 36' 07" E continuing with the west line of said called
  53.17 acre tract and an east line of this tract, a distance of
  330.48 feet to an iron rod found with cap marked "TERRA SURVEYING".
  THENCE S 50° 28' 00" W continuing with the west line of said called
  53.17 acre tract and an east line of this tract, a distance of
  392.70 feet to an iron rod found with cap marked "TERRA SURVEYING".
  THENCE S 34° 53' 53" E continuing with the west line of said called
  53.17 acre tract and an east line of this tract, a distance of 54.47
  feet to an iron rod with cap marked "TERRA SURVEYING" found at the
  southwest corner of said called 53.17 acre tract, in a north line of
  Horizon Drive, a dedicated public road in Newport Subdivision,
  Section 4, a subdivision recorded in Volume 198, Page 53, Map
  Records of Harris County, Texas, and at a southeast corner of this
  tract, from which a 1 1/4 inch iron pipe found in the south line of
  said called 53.17 acre tract and the north line of said East Canal
  tract bears N 51° 21' 56" E a distance of 512.15'.
  THENCE S 51° 21' 08" W along a north line of said Section 4, a north
  line of said San Jacinto River Authority East Canal Tract, and a
  south line of this tract, at a distance of 51.71 feet pass a
  northwest corner of said Horizon Drive and Section 4 and continuing
  a total distance of 605.52 feet to a 1" iron pipe found.
  THENCE continuing along a north line of said San Jacinto River
  Authority East Canal and a south line of this tract, with the arc of
  a curve to the left having a radius of 415.36 feet and a central
  angle of 17° 54' 23", a distance of 129.81 feet to a 1 1/2 inch iron
  pipe found.
  THENCE S 32° 37' 00 W continuing along a north line of said San
  Jacinto River Authority East Canal and a south line of this tract a
  distance of 1,291.52 feet to a 1 1/4 inch iron pipe found.
  THENCE continuing along a north line of said San Jacinto River
  Authority East Canal and a south line of this tract, with the arc of
  a curve to the right having a radius of 174.95 feet and a central
  angle of 39° 20' 42", a distance of 174.95 feet to a 1 inch iron pipe
  found.
  THENCE S 72° 28' 08" W continuing along a north line of said San
  Jacinto River Authority East Canal and a south line of this tract, a
  distance of 2,448.06 feet to a 1 1/4 inch iron pipe found.
  THENCE continuing along a north line of said San Jacinto River
  Authority East Canal and a south line of this tract, with the arc of
  a curve to the left having a radius of 333.37 feet and a central
  angle of 04° 24' 34", a distance of 25.66 feet to a 1 1/4 inch iron
  pipe found.
  THENCE S 68° 53' 17" W continuing along a north line of said San
  Jacinto River Authority East Canal and a south line of this tract, a
  distance of 1,832.09 feet to a 1 1/4 inch iron pipe found.
  THENCE continuing along a north line of said San Jacinto River
  Authority East Canal and a south line of this tract, with the arc of
  a curve to the right having a radius of 144.47 feet and a central
  angle of 53° 20' 45", a distance of 134.51 feet to a 1 1/4" iron pipe
  found.
  THENCE N 57° 13' 44" W continuing along a north line of said San
  Jacinto River Authority East Canal and a south line of this tract, a
  distance of 1,587.58 feet to a 1/2 inch iron rod set with cap marked
  "SHINE 5502".
  THENCE continuing along a north line of said San Jacinto River
  Authority East Canal and a south line of this tract, with the arc of
  a curve to the left having a radius of 402.67 feet and a central
  angle of 30° 10' 09", a distance of 212.03 feet to a 1/2 inch iron rod
  set with cap marked "SHINE 5502".
  THENCE N 87° 29' 31" W continuing along a north line of said San
  Jacinto River Authority East Canal and a south line of this tract, a
  distance of 224.45 feet to a 1/2 inch iron rod found at an interior
  corner of said San Jacinto River Authority East Canal and an
  interior corner of this tract.
  THENCE along an east line of said San Jacinto River Authority East
  Canal and a west line of this tract, with the arc of a curve to the
  right having a radius of 133.99 feet and a central angle of 63° 17'
  53", a distance of 148.03 feet to a 1/2 inch iron rod found in the
  north line of said Humphrey Jackson Survey, Abstract 37 and the
  south line of said William Wilson Survey, Abstract 838.
  THENCE N 24° 23' 35" W along an east line of said San Jacinto River
  Authority East Canal and a west line of this tract, a distance of
  375.95 feet to a 1" iron pipe found.
  THENCE continuing along an east line of said San Jacinto River
  Authority East Canal and a west line of this tract, with the arc of a
  curve to the right having a radius of 174.87 feet and a central
  angle of 37° 53' 54", a distance of 115.67 feet to a 1 1/4" iron pipe
  found.
  THENCE N 14° 24' 42" E continuing along an east line of said San
  Jacinto River Authority East Canal and a west line of this tract, a
  distance of 74.82 feet to a 1 1/4" iron pipe found.
  THENCE continuing along an east line of said San Jacinto River
  Authority East Canal and a west line of this tract, with the arc of a
  curve to the right having a radius of 661.43 feet and a central
  angle of 07° 01' 58", a distance of 81.19 feet to a 1 1/4" iron pipe
  found.
  THENCE N 12°17' 19" E continuing along the east line of said San
  Jacinto River Authority East Canal and a west line of this tract, a
  distance of 436.82 feet to a 5/8" iron rod found at a northeast
  corner of said San Jacinto River Authority East Canal, in the south
  line of a called 39.88 acre tract recorded in File No. T525349, Deed
  Records of Harris County, Texas and at an interior corner of this
  tract, from which a 1 1/4" iron pipe found in a north line of said
  San Jacinto River Authority East Canal tract and the south line of
  said called 39.88 acre tract bears N 77° 36' 49" W, a distance of
  621.39 feet.
  THENCE S 77° 42' 29" E with the south line of said called 39.88 acre
  tract and a north line of this tract, a distance of 294.05 feet to a
  5/8" iron rod found at the southeast corner of said called 39.88
  acre tract.
  THENCE N 09° 46' 40" E with the east line of said called 39.88 acre
  tract and a west line of this tract, a distance of 950.00 feet to a
  1/2" iron rod found.
  THENCE N 10° 53' 20" W continuing with the east line of said called
  39.88 acre tract, and the west line of this tract, a distance of
  394.97 feet to a 1/2" iron rod found at the northeast corner of said
  called 39.88 acre tract.
  THENCE N 80° 21' 03" W with the north line of said called 39.88 acre
  tract and a south line of this tract, a distance of 1,359.57 feet to
  a point in an east line of called 589.27 acre tract (Lake Houston)
  recorded in Volume 1458, Page 1, and a west line of this tract.
  Volume 1458, Page 1 describes this point as being the waterline of
  the proposed reservoir when at normal pool level at elevation 44.5
  feet above mean sea level.
  THENCE with the west line of this tract and an east line of said
  called 589.27 acre tract (Lake Houston), the following bearings and
  distances:
 
N 30° 53' 29" E 376.74 feet
 
N 21° 32' 39" E 300.00 feet
 
N 06° 45' 39" E 864.00 feet
 
N 19° 56' 19" W 882.88 feet
 
N 07° 44' 21" W 184.00 feet
  THENCE N 52° 28' 21" W continuing with the west line of this tract
  and the east line of said called 589.27 acre tract (Lake Houston), a
  distance of 508.00 feet to a point from which a 12"x12" concrete
  monument found with Aluminum Disc marked "Corp of Engineers U.S.
  Boundary Mark SL-1 Y1977" bears N 25° 14' 05" W a distance of 59.32
  feet. Said concrete monument has a State Plane coordinate value of
  N: 13907978.68 and E: 3195354.41
  THENCE continuing with the west line of this tract and an east line
  of said called 589.27 acre tract (Lake Houston), the following
  bearings and distances:
 
N 65° 40' 21" W 422.00 feet
 
N 80° 22' 21" W 300.00 feet
 
N 62° 47' 53" W 641.05 feet
 
N 60° 37' 21" W 600.00 feet
 
N 88° 15' 21" W 540.00 feet
 
S 84 ° 47' 39" W 568.00 feet
 
S 69° 42' 54" W 633.02 feet
 
S 83° 28' 39" W 332.00 feet
 
N 77° 42' 21" W 270.00 feet
 
N 13° 14' 21" W 739.00 feet
 
N 28° 22' 21" W 402.00 feet
  THENCE N 21° 29' 39" E continuing with the west line of this tract
  and an east line of said called 589.27 acre tract (Lake Houston), a
  distance of 394.76 feet to a point in the south line of Lake Shadows
  Section Four, a subdivision recorded in File No. D620201, Map
  Records of Harris County, Texas, and at the northwest corner of this
  tract.
  THENCE N 86° 32' 15" E with the south line of said Lake Shadows
  Section Four and the north line of this tract, at a distance of
  204.97 feet pass a 1/2" iron rod found, and continuing a total
  distance of 689.12 feet to a point in a concrete slab at the
  southeast corner of said Lake Shadows Section Four, the southwest
  corner of a called 447.0498 acre tract recorded in File
  No. D759681, Deed Records of Harris County, Texas, and an interior
  corner of this tract from which a 1/2 " iron rod with cap marked
  "SHINE 5502" set for reference bears S 04° 44' 22" W a distance of
  1.88 feet, a 1" iron pipe found bears N 79° 27' 48" E a distance of
  101.22 feet, and a 1/2" iron rod found in the east line of said Lake
  Shadows Section Four bears N 33° 33' 38" E a distance of 254.84 feet.
  THENCE N 86° 43' 31" E with the south line of said called 447.0498
  acre tract and a north line of this tract, a distance of 10,942.13
  feet to a 1/2 inch iron rod next to a 4"x6" fence post found at the
  southeast corner of said called 447.0498 acre tract and an interior
  corner of this tract.
  THENCE N 02° 07' 50" W with the east line of said called 447.0498
  acre tract and a northerly west line of this tract a distance of
  26.79 feet to a 1/2 inch iron rod with cap marked "SHINE 5502" set at
  the southwest corner of a called 0.1148 acre tract recorded in File
  No. T653706, Deed Records of Harris County, Texas and a northwest
  corner of this tract.
  THENCE N 87° 22' 21" E with the south line of said called 0.1148 acre
  tract and a north line of this tract, at a distance of 50.02 feet
  pass the southeast corner of said called 0.1148 acre tract recorded
  in File No. T653706 and the southwest corner of a called 0.1148 acre
  tract recorded in File No. T702499, Deed Records of Harris County,
  Texas, at a distance of 100.02 feet, pass the southeast corner of
  said called 0.1148 acre tract recorded in File No. T702499 and the
  southwest corner of a called 0.1148 acre tract recorded in File
  No. T643967, at a distance of 150.02 feet pass the southeast corner
  of said called 0.1148 acre tract recorded in File No. T643967 and
  the southwest corner of a called 0.1148 acre tract recorded in File
  No. T491404, Deed Records of Harris County, Texas, at a distance of
  200.02 feet pass the southeast corner of said called 0.1148 acre
  tract recorded in File No. T491404 and the southwest corner of a
  called 0.1148 acre tract recorded in File No. T526225, Deed Records
  of Harris County, Texas, and continuing a total distance of 250.02
  feet to a 1/2 inch iron rod with cap marked "SHINE 5502" set at the
  southeast corner of said called 0.1148 acre tract recorded in File
  No. T526225 and an interior corner of this tract.
  THENCE N 02° 37' 39" W with the east line of said called 0.1148 acre
  tract recorded in File No. T526225 and a west line of this tract, a
  distance of 100.00 feet to a 1/2 inch iron rod with cap marked
  "SHINE 5502" set at the northeast corner of said called 0.1148 acre
  tract recorded in File No. T526225, in the south line of a called
  5.00 acre tract recorded in File No. T684273, Deed Records of
  Harris County, Texas, in the South line of the Hannah Nash Survey,
  Abstract 599, in the north line of said Abstract 838, and at a
  northwest corner of this tract.
  THENCE N 87° 02' 53" E with the south line of said Abstract 599, the
  north line of said Abstract 838, the south line of said called 5.00
  acre tract and the north line of this tract a distance of 316.67
  feet to a 1/2 inch iron rod found at the southeast corner of said
  Abstract 599, the southwest corner of said Abstract 60, the
  southeast corner of said called 5.00 acre tract and the southwest
  corner of a called 45 acre tract recorded in File No. 20080119197,
  Deed Records of Harris County, Texas.
  THENCE N 87° 24' 37" E with the south line of said called 45 acre
  tract, the south line of said Abstract 60, the north line of said
  Abstract 838 and the north line of this tract, a distance of 986.97
  feet to a 1/2 inch iron rod found at the southeast corner of said
  called 45 acre tract, the southwest corner of a called 8.39 acre
  tract recorded in File No. 20070675831, Deed Records of Harris
  County, Texas, and a northerly corner of this tract.
  THENCE N 87° 48' 26" E with the south line of said 8.339 acre tract,
  the south line of said Abstract 60, the north line of said Abstract
  838 and the north line of this tract, at a distance of 150.00 feet
  pass the southeast corner of said called 8.39 acre tract and the
  southwest corner of a called 11.675 acre tract recorded in File
  No. 20070675831, Deed Records of Harris County, Texas, and
  continuing a total distance of 359.69 feet to a 1/2 inch iron rod
  found at the southeast corner of said called 11.675 acre tract and
  the southwest corner of a called 155.76 acre tract recorded in
  Volume 438, Page 236, Deed Records of Harris County, Texas.
  THENCE N 87° 20' 09" E with the south line of said Abstract 60, the
  north line of said Abstract 838, the south line of said called
  155.76 acre tract and the north line of this tract, a distance of
  682.33 feet to a 1/2 inch iron rod found next to a 8"x8" square fence
  post at the southeast corner of said called 155.76 acre tract and
  the southwest corner of a called 29.15 acre tract recorded in File
  No. R106573, Deed Records of Harris County, Texas.
  THENCE N 87° 24' 00" E with the south line of said Abstract 60, the
  north line of said Abstract 838, the south line of said called 29.15
  acre tract and the north line of this tract, and at a distance of
  525.51 feet pass the southeast corner of said called 29.15 acre
  tract and the southwest corner of said called 60.0765 acre tract,
  and continuing with the south line of said Abstract 60, the north
  line of said Abstract 838, the south line of said called 60.0765
  acre tract and the north line of this tract, a total distance of
  1648.87 feet to the PLACE OF BEGINNING, containing 1942.08 acres of
  land.
         SECTION 3.  (a)  The legal notice of the intention to
  introduce this Act, setting forth the general substance of this
  Act, has been published as provided by law, and the notice and a
  copy of this Act have been furnished to all persons, agencies,
  officials, or entities to which they are required to be furnished
  under Section 59, Article XVI, Texas Constitution, and Chapter 313,
  Government Code.
         (b)  The governor, one of the required recipients, has
  submitted the notice and Act to the Texas Commission on
  Environmental Quality.
         (c)  The Texas Commission on Environmental Quality has filed
  its recommendations relating to this Act with the governor, the
  lieutenant governor, and the speaker of the house of
  representatives within the required time.
         (d)  All requirements of the constitution and laws of this
  state and the rules and procedures of the legislature with respect
  to the notice, introduction, and passage of this Act are fulfilled
  and accomplished.
         SECTION 4.  (a)  If this Act does not receive a two-thirds
  vote of all the members elected to each house, Subchapter C, Chapter
  8005, Special District Local Laws Code, as added by Section 1 of
  this Act, is amended by adding Section 8005.107 to read as follows:
         Sec. 8005.107.  NO EMINENT DOMAIN POWER. The district may
  not exercise the power of eminent domain.
         (b)  This section is not intended to be an expression of a
  legislative interpretation of the requirements of Section 17(c),
  Article I, Texas Constitution.
         SECTION 5.  This Act takes effect September 1, 2017.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 2277 passed the Senate on
  May 11, 2017, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 2277 passed the House on
  May 24, 2017, by the following vote:  Yeas 137, Nays 9, two
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor
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