Page:United States Statutes at Large Volume 105 Part 3.djvu/347

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PUBLIC LAW 102-241—DEC. 19, 1991 105 STAT. 2231 (5) Beginning at the southwest corner of the tract described in paragraph (3); thence north 63 degrees 11 minutes 52 seconds west, a distance of 93.74 feet to a point for corner; thence north 72 degrees 24 minutes 22 seconds west, a distance of 421.01 feet to a point for corner; thence north 17 degrees 35 minutes 38 seconds east, a distance of 339.82 feet to a point for corner; thence south 82 degrees 24 minutes 22 seconds east, a distance of 86.03 feet to a point for corner; thence north 77 degrees 11 minutes 26 seconds east, a distance of 89.12 feet to a point for corner in the westerly line of the tract described in paragraph (4); thence south 14 degrees 58 minutes 09 seconds west, with said westerly line, a distance of 130.00 feet to a point for corner, the southwest corner of the tract described in paragraph (4); thence south 72 degrees 24 minutes 22 seconds east, with the southerly line of the tract described in paragraph (4), a distance of 346.00 feet to a point for corner, the southeast corner of the tract described in paragraph (4); thence south 17 degrees 35 minutes 38 seconds west, with the westerly line of the tract described in paragraph (3), a distance of 285.00 feet to a point of beginning, containing 3.548 acres of land, more or less. (b) Notwithstanding the declaration under subsection (a), the following portions of Pelican Island, Texas, within those lands described in subsection (a) shall remain navigable waters of the United States: (1) Out of the Eneas Smith Survey, A-190, on Pelican Island, the 2.7392 acre tract, the 3.2779 acre tract, and the 2.8557 acre tract described in the Perpetual Easements dated May 9, 1975, from Mitchell Development Corporation of the Southwest to the United States, recorded on pages 111 through 122 of Book 2571 of the Real Property Records in the Office of the County Clerk of Galveston County, Texas. (2) Out of the Eneas Smith Survey, A-190, on Pelican Island, the 1.8361 acre tract of land described in Exhibit "B" of the Specific Location of Pipeline Easement dated July 30, 1975, by and between the Mitchell Development Corporation of the Southwest, the United States of America, and Chase Manhattan Bank (National Association), recorded on pages 9 through 14 of Book 2605 of the Real Property Records in the Office of the County Clerk of Galveston County, Texas. (3) For each of the four tracts of land described in paragraphs (1) and (2) of this subsection, a 40-foot wide strip of land along, adjacent and parallel to, and extending the full length of, the easterly boundary line of the tract and a 40-foot wide strip of land along, adjacent and parallel to, and extending the full length of, the westerly boundary line of the tract. (c) The declaration under subsection (a) shall apply only to those parts of the areas described in subsection (a) of this section and not described in subsection (b) of this section which are or will be bulkheaded and filled or otherwise occupied by permanent structures or other permanent physical improvements, including marina facilities. All such work is subject to applicable Federal statutes and regulations, including sections 9 and 10 of the Act of March 3, 1899