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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the Brazoria County Municipal Utility |
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District No. 47; granting a limited power of eminent domain; |
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providing authority to issue bonds; providing authority to impose |
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assessments, fees, and taxes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 8464 to read as follows: |
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CHAPTER 8464. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 47 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8464.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(3) "Director" means a board member. |
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(4) "District" means the Brazoria County Municipal |
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Utility District No. 47. |
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Sec. 8464.002. NATURE OF DISTRICT. The district is a |
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municipal utility district created under Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 8464.003. CONFIRMATION AND DIRECTORS' ELECTION |
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REQUIRED. The temporary directors shall hold an election to |
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confirm the creation of the district and to elect five permanent |
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directors as provided by Section 49.102, Water Code. |
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Sec. 8464.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 8464.003 |
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until each municipality in whose corporate limits or |
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extraterritorial jurisdiction the district is located has |
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consented by ordinance or resolution to the creation of the |
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district and to the inclusion of land in the district. |
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Sec. 8464.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. |
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(a) The district is created to serve a public purpose and benefit. |
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(b) The district is created to accomplish the purposes of: |
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(1) a municipal utility district as provided by |
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general law and Section 59, Article XVI, Texas Constitution; and |
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(2) Section 52, Article III, Texas Constitution, that |
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relate to the construction, acquisition, improvement, operation, |
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or maintenance of macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 8464.006. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act enacting this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act enacting this chapter form a closure. A mistake made in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for the purposes |
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for which the district is created or to pay the principal of and |
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interest on a bond; |
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(3) right to impose a tax; or |
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(4) legality or operation. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8464.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five elected directors. |
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(b) Except as provided by Section 8464.052, directors serve |
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staggered four-year terms. |
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Sec. 8464.052. TEMPORARY DIRECTORS. (a) On or after the |
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effective date of the Act enacting this chapter, the owner or owners |
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of a majority of the assessed value of the real property in the |
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district may submit a petition to the commission requesting that |
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the commission appoint as temporary directors the five persons |
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named in the petition. The commission shall appoint as temporary |
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directors the five persons named in the petition. |
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(b) Temporary directors serve until the earlier of: |
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(1) the date permanent directors are elected under |
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Section 8464.003; or |
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(2) the fourth anniversary of the effective date of |
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the Act enacting this chapter. |
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(c) If permanent directors have not been elected under |
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Section 8464.003 and the terms of the temporary directors have |
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expired, successor temporary directors shall be appointed or |
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reappointed as provided by Subsection (d) to serve terms that |
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expire on the earlier of: |
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(1) the date permanent directors are elected under |
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Section 8464.003; or |
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(2) the fourth anniversary of the date of the |
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appointment or reappointment. |
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(d) If Subsection (c) applies, the owner or owners of a |
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majority of the assessed value of the real property in the district |
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may submit a petition to the commission requesting that the |
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commission appoint as successor temporary directors the five |
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persons named in the petition. The commission shall appoint as |
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successor temporary directors the five persons named in the |
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petition. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8464.101. GENERAL POWERS AND DUTIES. The district has |
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the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 8464.102. MUNICIPAL UTILITY DISTRICT POWERS AND |
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DUTIES. The district has the powers and duties provided by the |
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general law of this state, including Chapters 49 and 54, Water Code, |
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applicable to municipal utility districts created under Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 8464.103. AUTHORITY FOR ROAD PROJECTS. Under Section |
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52, Article III, Texas Constitution, the district may design, |
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acquire, construct, finance, issue bonds for, improve, operate, |
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maintain, and convey to this state, a county, or a municipality for |
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operation and maintenance macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 8464.104. ROAD STANDARDS AND REQUIREMENTS. (a) A |
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road project must meet all applicable construction standards, |
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zoning and subdivision requirements, and regulations of each |
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municipality in whose corporate limits or extraterritorial |
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jurisdiction the road project is located. |
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(b) If a road project is not located in the corporate limits |
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or extraterritorial jurisdiction of a municipality, the road |
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project must meet all applicable construction standards, |
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subdivision requirements, and regulations of each county in which |
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the road project is located. |
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(c) If the state will maintain and operate the road, the |
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Texas Transportation Commission must approve the plans and |
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specifications of the road project. |
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Sec. 8464.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE |
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OR RESOLUTION. The district shall comply with all applicable |
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requirements of any ordinance or resolution that is adopted under |
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Section 54.016 or 54.0165, Water Code, and that consents to the |
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creation of the district or to the inclusion of land in the |
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district. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8464.151. ELECTIONS REGARDING TAXES OR BONDS. |
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(a) The district may issue, without an election, bonds and other |
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obligations secured by: |
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(1) revenue other than ad valorem taxes; or |
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(2) contract payments described by Section 8464.153. |
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(b) The district must hold an election in the manner |
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provided by Chapters 49 and 54, Water Code, to obtain voter approval |
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before the district may impose an ad valorem tax or issue bonds |
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payable from ad valorem taxes. |
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(c) The district may not issue bonds payable from ad valorem |
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taxes to finance a road project unless the issuance is approved by a |
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vote of a two-thirds majority of the district voters voting at an |
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election held for that purpose. |
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Sec. 8464.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8464.151, the district |
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may impose an operation and maintenance tax on taxable property in |
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the district in accordance with Section 49.107, Water Code. |
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(b) The board shall determine the tax rate. The rate may not |
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exceed the rate approved at the election. |
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Sec. 8464.153. CONTRACT TAXES. (a) In accordance with |
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Section 49.108, Water Code, the district may impose a tax other than |
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an operation and maintenance tax and use the revenue derived from |
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the tax to make payments under a contract after the provisions of |
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the contract have been approved by a majority of the district voters |
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voting at an election held for that purpose. |
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(b) A contract approved by the district voters may contain a |
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provision stating that the contract may be modified or amended by |
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the board without further voter approval. |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 8464.201. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. The district may issue bonds or other obligations |
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payable wholly or partly from ad valorem taxes, impact fees, |
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revenue, contract payments, grants, or other district money, or any |
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combination of those sources, to pay for any authorized district |
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purpose. |
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Sec. 8464.202. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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board shall provide for the annual imposition of a continuing |
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direct ad valorem tax, without limit as to rate or amount, while all |
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or part of the bonds are outstanding as required and in the manner |
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provided by Sections 54.601 and 54.602, Water Code. |
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Sec. 8464.203. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of bonds or other obligations |
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issued or incurred to finance road projects and payable from ad |
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valorem taxes may not exceed one-fourth of the assessed value of the |
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real property in the district. |
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SECTION 2. The Brazoria County Municipal Utility District |
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No. 47 initially includes all the territory contained in the |
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following area: |
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TRACT 1 |
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A 100.53-ACRE TRACT OF LAND SITUATED IN THE H.T. & B. RAILROAD |
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CO. SURVEY, SECTION 71, ABSTRACT NUMBER 291, BRAZORIA COUNTY, |
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TEXAS, BEING ALL OF LOTS 33, 35, 38, 39, 40, AND UN-NUMBERED TRACT, |
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OF THE EMIGRATION LAND COMPANY SUBDIVISION, RECORDED IN VOLUME 2, |
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PAGE 81 OF THE BRAZORIA COUNTY PLAT RECORDS (B.C.P.R.), AND |
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DESCRIBED IN DEED TO NEW RODEO 288, LTD, RECORDED UNDER DOCUMENT |
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NUMBER 2005039091 OF THE OFFICIAL RECORDS OF BRAZORIA COUNTY |
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(O.R.O.B.C.), SAID 100.53-ACRE TRACT BEING MORE PARTICULARLY |
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DESCRIBED BY METES AND BOUNDS AS FOLLOWS, (BEARINGS BASED ON RODEO |
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PALMS SUBDIVISION, SECTION 1, RECORDED IN VOLUME 22, PAGES 133 TO |
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136 OF BRAZORIA COUNTY PLAT RECORDS): |
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BEGINNING at a 1/2-inch iron pipe with cap stamped "Brown & |
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Gay" found at the southwest corner of said Lot 35, being at the east |
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right-of-way line of a 40-feet wide road dedicated by said |
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subdivision, and marking the southwest corner of the herein |
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described tract; |
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(1) THENCE North 03°23'15" West, a distance of 702.50 feet |
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along the common line of said Lot 35 and said east right-of-way |
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line, to an interior corner of the herein described tract, from |
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which a found 3/8-inch iron rod, bears North 03°23' West, 0.4 feet; |
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(2) THENCE North 86°38'32" East, a distance of 640.37 feet |
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along the common line of Lots 34 and 35, to a 1/2-inch iron pipe with |
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cap stamped "Brown & Gay" found at the southeast corner of Lot 34, |
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same being an interior corner of the herein described tract; |
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(3) THENCE North 03°23'15" West, a distance of 702.50 feet |
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along the common line of Lots 34 and 39, to a point from which a |
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1/2-inch iron pipe with cap stamped "Brown & Gay" found at the |
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northeast corner of said Lot 34, bears North 82°08' East, 0.7 feet; |
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(4) THENCE South 86°38'32" West, a distance of 640.37 feet |
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along the common line of Lots 33 and 34, to a 1/2-inch iron pipe |
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found in the east right-of-way line of said 40-feet road, at the |
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southwest corner of Lot 33, being an interior corner of the herein |
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described tract, from which a 1/2-inch iron pipe with cap stamped |
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"Brown & Gay" bears North 74°10'East, 1.1 feet; |
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(5) THENCE North 03°23'15" West, a distance of 2,365.37 feet |
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along east line of said 40-feet road, to a 5/8-inch iron rod with |
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cap stamped "E.H.R. & A. 713-784-4500" set at the northwest corner |
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of the herein described tract; |
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(6) THENCE North 86°35'55" East, a distance of 1,280.59 feet |
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along said south line of Rodeo Palms Parkway, to a 5/8-inch iron rod |
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with cap stamped "E.H.R. & A. 713-784-4500" set at the northeast |
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corner of the herein described tract and in the west right-of-way |
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line of a 40-feet wide road, as dedicated by said Emigration Land |
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Company Subdivision; |
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(7) THENCE South 03°23'15" East, along said west |
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right-of-way line, at a distance of 3,068.84 feet pass a 1/2-inch |
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iron pipe found 40 feet to the left, marking the southeast corner of |
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Lot 47 of said subdivision, continuing with a total distance of |
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3,771.34 feet to a 5/8-inch iron rod with cap stamped "E.H.R. & A. |
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713-784-4500"; |
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(8) THENCE South 86°38'32" West, along the common line of |
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Lots 40 and 41, at a distance of 639.22 feet to a point from which a |
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found 3/4-inch iron rod bears South 60°55' West, 0.8 feet, and |
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continuing along the common line of Lots 35 and 36 for a total |
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distance of 1,280.59 feet to the POINT OF BEGINNING and containing |
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100.53 acres of land. This description accompanies a Land Title |
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Survey, prepared by Edminster, Hinshaw, Russ and Associates, Inc. |
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and dated February 4, 2007. |
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TRACT 2 |
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A 75.83-ACRE TRACT OF LAND SITUATED IN THE H.T. & B. RAILROAD |
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CO. SURVEY, SECTION 71, ABSTRACT NUMBER 291, BRAZORIA COUNTY, |
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TEXAS, BEING ALL OF LOTS 2, 4, 5, 10, 11, 12, 13, AND OUT OF A |
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PORTION OF LOT 9, OF THE EMIGRATION LAND COMPANY SUBDIVISION, |
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RECORDED IN VOLUME 2, PAGE 81 OF THE BRAZORIA COUNTY PLAT RECORDS |
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(B.C.P.R.), SAID 75.83-ACRE TRACT BEING MORE PARTICULARLY |
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DESCRIBED BY METES AND BOUNDS AS FOLLOWS, (BEARINGS BASED ON RODEO |
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PALMS SUBDIVISION, SECTION 1, RECORDED IN VOLUME 22, PAGES 133 TO |
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136 OF BRAZORIA COUNTY PLAT RECORDS): |
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BEGINNING at a point marking the southwest corner of Lot 1 and |
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the northwest corner of Lot 2 of said subdivision, being in the east |
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right-of-way line of County Road 48 (Old Airline Road, 40.00 feet |
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wide) as dedicated by said subdivision plat, and being at the most |
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westerly northwest corner of the herein described tract; |
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(1) THENCE North 86°38'32" East, along the common line of |
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said Lots 1 and 2, at a distance of 10.00 feet passing a concrete |
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monument found in the east line of County Road 48 (60-feet wide by |
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occupation), continuing for a total distance of 636.34 feet to a |
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5/8-inch iron rod with cap stamped "E.H.R. & A. 713-784-4500" set at |
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the southeast corner of said Lot 1, and the southwest corner of Lot |
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9 and a corner of the herein described tract, from which a found |
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5/8-iron rod bears South 86°57' East, 0.5 feet; |
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(2) THENCE North 03°23'15" West, a distance of 256.66 feet |
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along the common line of said Lots 1 and 9, to a 5/8-inch iron rod |
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with cap stamped "E.H.R. & A. 713-784-4500" set on the north line of |
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said section 71 and marking the most northerly northwest corner of |
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the herein described tract; |
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(3) THENCE North 86°35'55" East, a distance of 639.84 feet |
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along the north line of said section 71, to a 5/8-inch iron rod with |
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cap stamped "E.H.R. & A. 713-784-4500" set in the west line of a |
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40-feet wide road dedicated by said subdivision plat and the east |
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line of said Lot 9, marking the northeast corner of the herein |
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described tract; |
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(4) THENCE South 03°23'15" East, along the west line of said |
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40-feet wide road, at a distance of 257.15 feet passing a 3/8-inch |
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iron rod found at the southeast corner of said Lot 9, at a distance |
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of 959.53 feet passing a 3/8-inch iron rod with cap found at the |
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southeast corner of Lot 10, at a distance of 1,661.59 feet passing a |
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found 3/8-inch iron rod found 0.3 feet to the left, at a distance of |
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2,364.23 feet passing a 5/8-inch iron rod with cap stamped "S. Adams |
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RPLS 3666" found at the southeast corner of Lot 12, continuing for a |
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total distance of 3,066.83 feet to a 5/8-inch iron rod with cap |
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stamped "S. Adams RPLS 3666" found at the common corner of Lot 13 |
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and 14, marking the southeast corner of the herein described tract; |
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(5) THENCE South 86°38'32" West, along the common line of |
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Lots 13 and 14, at a distance of 639.84 feet pass a 1/2-inch iron rod |
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with a cap stamped "S. Adams RPLS 3666" found at the southwest |
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corner of said Lot 13, and continuing along the common line of Lots |
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5 and 6 of said subdivision, for a total distance of 1,276.18 feet |
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to the east right-of-way line of said County Road 48 (Old Airline |
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Road), and being at the southwest corner of said Lot 5 and the |
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herein described tract; |
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(6) THENCE North 03°23'15" West, a distance of 1,405.00 feet |
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along the east right-of-way line of said County Road 48, to a point |
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at the common corner of Lot 3 and Lot 4; |
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(7) THENCE North 86°38'32" East, along the common line of |
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Lots 3 and 4, at a distance of 10.00 feet passing a 5/8-inch iron rod |
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found at the occupied east line of County Road 48, at a distance of |
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92.05 feet passing a 5/8-inch iron rod with cap stamped "Weisser |
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Eng. Houston TX," and continuing for a total a distance of 636.34 |
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feet to a 3/8-iron rod found at the common corner of Lot 3 and Lot 4, |
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marking an interior corner of the herein described tract, from |
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which a 3/4-inch iron rod found at the southeast corner of said Lot |
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4 bears South 86°38'32" West, 702.50 feet; |
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(8) THENCE North 03°23'15" West, a distance of 702.30 feet |
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along the common line of Lots 3 and 11, to a 3/8-inch iron rod with |
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cap stamped "Spinner" found at the southwest corner of Lot 10, |
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marking an interior corner of the herein described tract; |
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(9) THENCE South 86°38'32" West, along the common line of |
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said Lots 2 and 3, at a distance of 626.34 feet passing a concrete |
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monument found at the occupied east line of said County Road 48, and |
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continuing for a total distance of 636.34 feet to a point on the |
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east line of said Country Road 48; |
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(10) THENCE North 03°23'15" West, along the common line of |
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Lot 2 and the east line of said County Road 48, a distance of 702.38 |
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feet to the POINT OF BEGINNING and containing 75.83 acres of land. |
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This description accompanies a Land Title Survey, prepared by |
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Edminster, Hinshaw, Russ and Associates, Inc. and dated February 6, |
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2008; |
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Save and Except 15.39 acres of land, being the south half of |
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Lot 4 and all of Lot 5, leaving a net acreage of 60.44 acres of land. |
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TRACT 3 |
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A 59.06-ACRE TRACT OF LAND SITUATED IN THE H.T. & B. RAILROAD |
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SURVEY, SECTION 71, ABSTRACT NUMBER 291, BRAZORIA COUNTY, TEXAS, |
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BEING ALL OF LOTS 21, 26, 27, 28, 29, AND OUT OF A PORTION OF LOTS 17 |
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AND 25, OF THE EMIGRATION LAND COMPANY SUBDIVISION, RECORDED IN |
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VOLUME 2, PAGE 81 OF BRAZORIA COUNTY PLAT RECORDS (B.C.P.R.), SAID |
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59.06-ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND |
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BOUNDS AS FOLLOWS, (BEARINGS BASED ON RODEO PALMS SUBDIVISION, |
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SECTION 1, RECORDED IN VOLUME 22, PAGES 133 TO 136 OF BRAZORIA |
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COUNTY PLAT RECORDS): |
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BEGINNING at 5/8-inch iron with cap stamped "E.H.R. & A. |
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713-784-4500" set at the southwest corner of said Lot 21 of said |
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subdivision plat, being in the east right-of-way line of a 40-feet |
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wide road, as shown on said Emigration Land Company Subdivision; |
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(1) THENCE North 03°23'15" West, a distance of 702.50 feet to |
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a 1/2-inch iron pipe found at the common corner of said Lot 21 and |
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Lot 20 of said subdivision plat, marking an interior corner of the |
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herein described tract; |
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(2) THENCE North 86°38'32" East, a distance of 639.69 feet to |
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a 5/8 inch iron rod with cap stamped "E.H.R. & A. 713-784-4500" |
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along the common line of said Lots 20 and 21, to the southeast |
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corner of said Lot 20, same being an interior corner of the herein |
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|
described tract, and from which a 1/2-inch iron pipe with cap |
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stamped "S. Adams RPLS 3666" bears North 44°35' West, 0.6 feet; |
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(3) THENCE North 03°23'15" West, along the common line of |
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Lots 20 and 28, at a distance of 702.50 feet passing a 1-1/4 inch |
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iron pipe found at the southwest corner of said Lot 27 and the |
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northwest corner of Lot 28, continuing along the common line of Lots |
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19 and 27, at 1404.80 feet passing the southwest corner of said Lot |
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26, from which an 1-1/4 iron pipe bears South 59°58' East, 0.9 feet, |
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continuing along the common line of Lots 18 and Lot 26 for a total |
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distance of 2,107.18 feet to a 5/8-inch iron rod with cap stamped |
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"E.H.R. & A. 713-784-4500" set at the southwest corner of Lot 25 and |
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the northwest corner of Lot 26, marking an interior corner of the |
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herein described tract; |
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(4) THENCE South 86°38'32" West, a distance of 639.69 feet to |
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a point along the common line of said Lots 17 and 18, to the east |
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right-of-way line of said 40-feet wide road, being a corner of the |
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herein described tract, from which a 1/2-inch iron pipe stamped "S |
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Adams RPLS 3666", bears North 76°59' East, 0.7 feet; |
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(5) THENCE North 03°23'15" West, a distance of 257.18 feet |
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along the east right-of-way line of said 40-feet wide road and the |
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|
west line of said Lot 17, to 5/8-inch iron rod with cap stamped |
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|
"E.H.R. & A. 713-784-4500" set on the north line of said section 71 |
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and being at the northwest corner of the herein described tract; |
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(6) THENCE North 86°35'55" East, at 643.76 feet passing a |
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1/2-inch iron pipe, 4.7 feet to the right, found on the southeast |
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|
corner of Bobby Shotwell 69.983 acres, as recorded under C.F.No. |
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|
1998002623 O.P.R.O.B.C., and continuing for a total distance of |
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|
1,278.22 feet, to a 5/8-inch iron rod with cap stamped "E.H.R. & A. |
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|
713-784-4500" set at the intersection of the south right-of-way |
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|
line of Rodeo Palms Parkway, dedicated by Rodeo Palms Subdivision, |
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|
Section 1, plat recorded under Volume 22, Page 133 to 136 of |
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|
Brazoria County Plat Records and west right-of-way line of a |
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|
40-feet wide road dedicated by Emigration Land Company Subdivision; |
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|
(7) THENCE South 03°23'15" East, along the west line of said |
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|
40-feet wide road, a distance of 3,067.83 feet to a 5/8-inch iron |
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|
rod found at the common corner of Lot 29 and Lot 30; |
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|
(8) THENCE South 86°38'32" West, a distance of 1,278.22 feet |
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|
to the POINT OF BEGINNING and containing 59.06 acres of land. This |
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|
description accompanies a Land Title Survey, prepared by Edminster, |
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|
Hinshaw, Russ and Associates, Inc. and dated February 6, 2008. |
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|
Save and Except a 267.00 foot by 267.00 foot tract of land in |
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|
the southeast corner of Lot 29, being 1.64 acres of land, leaving a |
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|
net acreage of 57.42 acres of land. |
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|
SECTION 3. (a) The legal notice of the intention to |
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|
introduce this Act, setting forth the general substance of this |
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|
Act, has been published as provided by law, and the notice and a |
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|
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. |
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|
(b) The governor, one of the required recipients, has |
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|
submitted the notice and Act to the Texas Commission on |
|
|
Environmental Quality. |
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|
(c) The Texas Commission on Environmental Quality has filed |
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|
its recommendations relating to this Act with the governor, the |
|
|
lieutenant governor, and the speaker of the house of |
|
|
representatives within the required time. |
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|
(d) All requirements of the constitution and laws of this |
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|
state and the rules and procedures of the legislature with respect |
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|
to the notice, introduction, and passage of this Act are fulfilled |
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|
and accomplished. |
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|
SECTION 4. (a) If this Act does not receive a two-thirds |
|
|
vote of all the members elected to each house, Subchapter C, Chapter |
|
|
8464, Special District Local Laws Code, as added by Section 1 of |
|
|
this Act, is amended by adding Section 8464.106 to read as follows: |
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|
Sec. 8464.106. NO EMINENT DOMAIN POWER. The district may |
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|
not exercise the power of eminent domain. |
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|
(b) This section is not intended to be an expression of a |
|
|
legislative interpretation of the requirements of Subsection (c), |
|
|
Section 17, Article I, Texas Constitution. |
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|
SECTION 5. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2013. |
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* * * * * |