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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Engrossed.html

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By: Creighton S.B. No. 2277

A BILL TO BE ENTITLED
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.