Bill Text: TX SB2603 | 2023-2024 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the creation of the Montgomery County Municipal Utility District No. 216; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2023-05-23 - Effective on 1/1/24 [SB2603 Detail]
Download: Texas-2023-SB2603-Introduced.html
Bill Title: Relating to the creation of the Montgomery County Municipal Utility District No. 216; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2023-05-23 - Effective on 1/1/24 [SB2603 Detail]
Download: Texas-2023-SB2603-Introduced.html
88R12799 SCP-F | ||
By: Creighton | S.B. No. 2603 |
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relating to the creation of the Montgomery County Municipal Utility | ||
District No. 216; 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 7958A to read as follows: | ||
CHAPTER 7958A. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT | ||
NO. 216 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 7958A.0101. 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 Montgomery County Municipal | ||
Utility District No. 216. | ||
Sec. 7958A.0102. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 7958A.0103. CONFIRMATION AND DIRECTOR 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. 7958A.0104. CONSENT OF MUNICIPALITY REQUIRED. The | ||
temporary directors may not hold an election under Section | ||
7958A.0103 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 as required by | ||
applicable law. | ||
Sec. 7958A.0105. 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. 7958A.0106. 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. 7958A.0201. GOVERNING BODY; TERMS. (a) The district | ||
is governed by a board of five elected directors. | ||
(b) Except as provided by Section 7958A.0202, directors | ||
serve staggered four-year terms. | ||
Sec. 7958A.0202. TEMPORARY DIRECTORS. (a) On or after | ||
January 1, 2024, 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 7958A.0103; or | ||
(2) January 1, 2028. | ||
(c) If permanent directors have not been elected under | ||
Section 7958A.0103 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 7958A.0103; 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. 7958A.0301. GENERAL POWERS AND DUTIES. The district | ||
has the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 7958A.0302. 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. 7958A.0303. 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. 7958A.0304. 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. 7958A.0305. 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. | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 7958A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a) | ||
The district may issue, without an election, bonds and other | ||
obligations secured by: | ||
(1) revenue other than ad valorem taxes; or | ||
(2) contract payments described by Section | ||
7958A.0403. | ||
(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. 7958A.0402. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 7958A.0401, 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. 7958A.0403. CONTRACT TAXES. (a) In accordance with | ||
Section 49.108, Water Code, the district may impose a tax other than | ||
an operation and maintenance tax and use the revenue derived from | ||
the tax to make payments under a contract after the provisions of | ||
the contract have been approved by a majority of the district voters | ||
voting at an election held for that purpose. | ||
(b) A contract approved by the district voters may contain a | ||
provision stating that the contract may be modified or amended by | ||
the board without further voter approval. | ||
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS | ||
Sec. 7958A.0501. 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. 7958A.0502. 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. 7958A.0503. 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 Montgomery County Municipal Utility District | ||
No. 216 initially includes all the territory contained in the | ||
following area: | ||
TRACT 1: 401.4 Acres | ||
A 401.4 ACRE TRACT OF LAND IN THE JAMES EDWARDS SURVEYS, | ||
ABSTRACT NO. 189, 190, AND IN THE ROBERT MARSH SURVEY ABSTRACT NO. | ||
355, MONTGOMERY COUNTY, TEXAS, BEING OUT OF AND A PART OF A CALLED | ||
47.932 ACRE TRACT (TRACT ONE), ALL OF A CALLED 65.153 ACRE TRACT | ||
(TRACT TWO), AND OUT OF AND A PART OF A CALLED 410.539 ACRE TRACT | ||
(TRACT FOUR), ALL CONVEYED TO CONROE VENTURE, LTD. AND RECORDED | ||
UNDER MONTGOMERY COUNTY CLERK'S FILE (M.C.C.F.) NO. 9149317, THE | ||
SAID 401.4 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES | ||
AND BOUNDS AS FOLLOWS, (WITH BEARINGS BASED ON TEXAS STATE PLANE | ||
COORDINATE SYSTEM OF 1983, CENTRAL ZONE, AS DETERMINED BY GPS | ||
MEASUREMENTS): | ||
BEGINNING at a 3/4 inch iron pipe found marking the most | ||
northerly corner of a called 55.369 acre tract (TREND tract 2), | ||
conveyed to Trendmaker Homes, Inc. as recorded under M.C.C.F. NO. | ||
2019104424, and an angle in the southerly line of said TRACT FOUR, | ||
and the herein described tract; | ||
THENCE, South 71°38'09" West, along the southerly line of said | ||
TRACT FOUR, common with the northerly line of said TREND tract 2, a | ||
called 1.820 acre tract conveyed to the city of Conroe as recorded | ||
under M.C.C.F. NO. 2012000764, a called 32.724 acre tract (TREND | ||
tract 1) conveyed to Trendmaker Homes, Inc. as recorded under | ||
M.C.C.F. NO. 2019104424, a called 12.756 acre tract conveyed to | ||
Colony Ridge Land LLC, as recorded under M.C.C.F. NO. 2020041993, | ||
and a called 210.3078 acre tract conveyed to Colony Ridge Land, LLC, | ||
as recorded under M.C.C.F. NO. 2017005562, passing at a distance of | ||
2,659.33 feet a 5/8-inch iron rod found marking the common | ||
northerly corner of said TREND tract 1, and said 12.756 acre tract, | ||
continuing a total distance of 5,361.84 feet, to a 3/4-inch iron | ||
pipe found marking the southwest corner of said TRACT FOUR, and the | ||
southeasterly corner of said TRACT TWO, and an angle in the | ||
northerly line of said 210.3078 acre tract, and an angle in the | ||
southerly line of the herein described tract; | ||
THENCE, South 71°33'49" West, continuing along the northerly | ||
line of said 210.3078 acre tract, common with the southerly line of | ||
said TRACT TWO, a distance of 1,624.60 feet, to a 5/8-inch iron rod | ||
with cap stamped "S&V Surveying", found marking the southeast | ||
corner of a called 10.45 acre tract conveyed to San Jacinto River | ||
Authority, as recorded under Volume (VOL.) 692, Page (PG.) 779 of | ||
the Montgomery County Deed Records (M.C.D.R.), and the southwest | ||
corner of said TRACT TWO, and the herein described tract; | ||
THENCE, departing the northerly line of said 210.3078 acre | ||
tract, and along the westerly line of said TRACT TWO, common with | ||
the easterly line of said 10.45 acre tract the following six (6) | ||
courses and distances; | ||
North 28°22'23" West, a distance of 1,185.66 feet, to the high | ||
bank of a water course and an angle in the said common line; | ||
North 00°53'08" East, along said high bank, a distance of | ||
69.28 feet, to an angle in the said common line; | ||
North 22°13'01" East, along said high bank, a distance of | ||
59.71 feet, to an angle in the said common line; | ||
North 56°36'03" East, along said high bank, a distance of | ||
117.87 feet, to an angle in the said common line; | ||
North 23°27'25" East, along said high bank, a distance of | ||
191.76 feet, to an angle in the said common line; | ||
North 27°00'38" West, along said high bank, a distance of | ||
50.96 feet, to the southwest corner of a called 87.22 acre tract | ||
conveyed to San Jacinto River Authority, as recorded under VOL. | ||
563, PG. 219 M.C.D.R., and the northwest corner of said TRACT TWO | ||
and the herein described tract; | ||
THENCE, North 58°48'27" East, along the southerly line of said | ||
87.22 acre tract, common with the northerly line of said TRACT TWO, | ||
and said TRACT FOUR, passing at a distance of 1,573.75 feet, a | ||
1-inch iron pipe (bent) found marking the common northerly corner | ||
of said TRACT TWO and TRACT FOUR, continuing a total distance of | ||
3,242.65 feet, to a 2-inch iron pipe found marking the southeast | ||
corner of said 87.22 acre tract, the southwest corner of a called | ||
43.796 acre tract conveyed to San Jacinto River Authority as | ||
recorded under M.C.C.F. NO. 2009114038, and a northerly corner of | ||
said TRACT FOUR, and the herein described tract; | ||
THENCE, South 76°41'28" East, along the south line of said | ||
43.796 acre tract, and a called 4.321 acre tract conveyed to Aqua | ||
Texas, Inc. as recorded under M.C.C.F. NO. 2013074043, common with | ||
the north line of said TRACT FOUR, passing at a distance 1,274.47 | ||
feet, a 5-8-inch iron rod found marking the southwest corner of said | ||
4.321 acre tract, continuing a total distance of 1,664.37 feet, to a | ||
1-inch iron rod (bent) found marking the southeast corner of said | ||
4.321 acre tract, and an interior corner of said TRACT FOUR, and the | ||
herein described tract; | ||
THENCE, North 12°48'52" East, along the westerly line of said | ||
TRACT FOUR, common with the easterly line of said 4.321 acre tract, | ||
and said 43.796 acre tract, passing at a distance of 400.00 feet, | ||
the northeast corner of said 4.321 acre tract, from which a 5/8-inch | ||
iron rod with cap stamped "S&V Surveying" found bears, South 60°06' | ||
West, 0.2 feet, continuing a total distance of 767.77 feet, to a | ||
1/2-inch iron rod found marking the most westerly southwest corner | ||
of the south Right-Of-Way (R.O.W.) line of Pine Valley Drive (based | ||
on a variable width) as dedicated under Cabinet (CAB.) Z, Sheet | ||
(SHT.) 4404 of the Montgomery County Map Records (M.C.M.R.), and a | ||
northerly corner of the herein described tract; | ||
THENCE, departing said common line, and along the southerly | ||
R.O.W. line of said Pine Valley Drive, and over and across said | ||
TRACT FOUR, and said TRACT ONE, the following eleven (11) courses | ||
and distances: | ||
South 76°37'29" East, a distance of 583.23 feet, to a 5/8-inch | ||
iron rod with cap stamped "E.H.R.A. 713-784-4500" set marking the | ||
beginning of a curve to the left; | ||
In a northeasterly direction, along said curve to the left, | ||
having a radius of 991.00 feet, a central angle of 60°39'48" (chord | ||
bears North 73°02'38" East, 1,000.92 feet) and an arc distance of | ||
1049.25 feet, to a 5/8-inch iron rod with cap stamped "E.H.R.A. | ||
713-784-4500" set marking the point of tangency; | ||
North 42°42'44" East, a distance of 209.59 feet, to a 5/8-inch | ||
iron rod with cap stamped "E.H.R.A. 713-784-4500" set marking an | ||
exterior corner of the herein described tract; | ||
South 47°17'16" East, a distance of 13.87 feet, to a 5/8-inch | ||
iron rod with cap stamped "E.H.R.A. 713-784-4500" set marking an | ||
exterior corner of the herein described tract, and the beginning of | ||
a non-tangent curve to the right; | ||
In a northeasterly direction, along said curve to the right, | ||
having a radius of 746.00 feet, a central angle of 26°37'47" (chord | ||
bears, North 58°47'35" East, 343.61 feet) and an arc distance of | ||
346.72 feet, to the point of tangency, from which a 5/8-inch iron | ||
rod found bears, South 79 12' East, 0.6 feet; | ||
North 72°06'29" East, a distance of 52.46 feet, to a 5/8-inch | ||
iron rod with cap stamped "E.H.R.A. 713-784-4500" set marking the | ||
beginning of a curve to the right; | ||
In an easterly direction, along said curve to the right, | ||
having a radius of 946.00 feet, a central angle of 28°03'11" (chord | ||
bears, North 86°08'05" East, 458.57 feet) and an arc distance of | ||
463.18 feet, to a 5/8-inch iron rod with cap stamped "E.H.R.A. | ||
713-784-4500" set marking the point of tangency; | ||
South 79°50'20" East, a distance of 1,282.23 feet, to a | ||
5/8-inch iron rod with cap stamped "E.H.R.A. 713-784-4500" set | ||
marking the beginning of a curve to the right; | ||
In a southeasterly direction, along said curve to the right, | ||
having a radius of 1,146.00 feet, a central angle of 38°55'52" | ||
(chord bears, South 60°22'24" East, 763.79 feet) and an arc distance | ||
of 778.68 feet, to the point of tangency, from which a 5/8-inch iron | ||
rod with cap stamped "Jeff Moon RPLS 4639" found bears, South 76 | ||
43', 0.7 feet; | ||
South 40°54'28" East, a distance of 298.45 feet, to a 5/8-inch | ||
iron rod with cap stamped "E.H.R.A. 713-784-4500" set marking the | ||
beginning of a curve to the left; | ||
In a southwesterly direction, along said curve to the left, | ||
having a radius of 1,254.00 feet, a central angle of 26°56'38" | ||
(chord bears, South 54°22'42" east, 584.29 feet) and an arc distance | ||
of 589.71 feet, to a 1/2-inch iron rod found marking the northwest | ||
corner of a called 20.00 acre tract conveyed to Board of Trustees of | ||
the Willis Independent School District, as recorded under M.C.C.F. | ||
NO. 2019109575, the northwest corner of Restricted Reserve "A" of | ||
Willis ISD Elementary No. 6, map or plat thereof recorded under | ||
Cabinet Z, Sheet 6802, M.C.M.R., and the northeast corner of the | ||
herein described tract; | ||
THENCE, South 22°12'21" West, departing the southerly R.O.W. | ||
line of said Pine Valley Drive, and along the westerly line of said | ||
20.00 acre tract and said Reserve "A", a distance of 550.24 feet to | ||
a 5/8-inch iron rod found marking an exterior corner of said 20.00 | ||
acre tract and an interior corner of the herein describe tract; | ||
THENCE, South 18°27'27" East, continuing along said westerly | ||
line, a distance of 504.76 feet, to a 5/8-inch iron rod with cap | ||
stamped "WEST BELT SURVEYING INC" found marking the southwest | ||
corner of said 20.00 acre tract and said Reserve "A", and in the | ||
south line of said TRACT FOUR, and in the north line of a called | ||
7.4806 acre tract conveyed to William Lewis Pattillo III, ET UX. as | ||
recorded under M.C.C.F. NO. 2005137433, and marking the southeast | ||
corner of the herein described tract; | ||
THENCE, South 71°32'33" West, along the south line of said | ||
TRACT FOUR, common with the northerly line of said 7.4806 acre | ||
tract, and a called 7.0047 acre tract conveyed to Darrel Caldwell, | ||
ET UX., passing at a distance of 369.97 feet, a 1/2-inch iron rod | ||
found marking the common north corner of said 7.4806 acre tract and | ||
said 7.0047 acre tract, continuing a total distance of 423.29 feet, | ||
to an angle in the said common line, from which a found 1/2-inch | ||
iron pipe bears, South 64 39' 0.2 feet; | ||
THENCE, North 77°47'56" West, along the southerly line of said | ||
TRACT FOUR, common with the northerly lines of said 7.0047 acre | ||
tract, a called 8.005 acre tract conveyed to Michelle and Gregory | ||
Mills as recorded under M.C.C.F. NO. 2021020741, Reserve "A", of | ||
Replat of Willowridge Estates section One, as recorded under CAB. | ||
D, SHT. 74 M.C.M.R., a called 5.98 acre tract conveyed to Diane and | ||
Daniel Erb as recorded under M.C.C.F NO. 2021021750, and said TREND | ||
tract 2, passing at a distance of 336.33 feet, a 1/2-inch iron rod | ||
found marking the common north corner of said 7.0047 acre tract and | ||
said 8.000 acre tract, continuing a total distance of 2,221.10 | ||
feet, to the POINT OF BEGINNING and containing 401.4 acres of land. | ||
TRACT 2: 76.55 Acres | ||
A 76.55 ACRE TRACT OF LAND IN THE JAMES EDWARDS SURVEY, | ||
ABSTRACT NO. 190, MONTGOMERY COUNTY, TEXAS, BEING OUT OF AND A PART | ||
OF A CALLED 47.932 ACRE TRACT (TRACT ONE), AND OUT OF AND A PART OF A | ||
CALLED 410.539 ACRE TRACT (TRACT FOUR), BOTH CONVEYED TO CONROE | ||
VENTURE, LTD. AND RECORDED UNDER MONTGOMERY COUNTY CLERK'S FILE | ||
(M.C.C.F.) NO. 9149317, THE SAID 76.55 ACRE TRACT BEING MORE | ||
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, (WITH | ||
BEARINGS BASED ON TEXAS STATE PLANE COORDINATE SYSTEM OF 1983, | ||
CENTRAL ZONE, AS DETERMINED BY GPS MEASUREMENTS): | ||
BEGINNING at a 5/8-inch iron rod with cap stamped "E.H.R.A. | ||
713-784-4500" set in the northerly Right-Of-Way (R.O.W.) line of | ||
Pine Valley Drive (based on a variable width) dedicated under | ||
Cabinet (CAB.) Z, Sheet (SHT.) 4404 of the Montgomery County Map | ||
Records (M.C.M.R.), and in the southeasterly line of a called | ||
43.796 acre tract conveyed to San Jacinto River Authority as | ||
recorded under Montgomery County Clerk's File Number (M.C.C.F. NO.) | ||
2009114038, common with the northwesterly line of said TRACT FOUR | ||
marking the most westerly southwest corner of the herein described | ||
tract; | ||
THENCE, North 12°48'52" East, departing the northerly R.O.W. | ||
line of said Pine Valley Drive, and along said common line, passing | ||
at a distance of 1,035.12 feet, a 5/8-inch iron rod with cap stamped | ||
"S&V Surveying" found marking the northeast corner of said 43.796 | ||
acre tract, and the southeast corner of Restricted Reserve "E", | ||
Villas at White Oak Ranch, Section 1, map or plat thereof recorded | ||
under CAB. Z, SHT. 4853 M.C.M.R., continuing a total distance of | ||
1,135.27 feet, to a 1-inch iron rod found marking an interior corner | ||
of said Restricted Reserve "E", and the northwest corner of said | ||
TRACT FOUR, and the herein described tract; | ||
THENCE, North 79°02'55" East, along the northerly line of said | ||
TRACT FOUR, common with the southerly lines of said Villas at White | ||
Oak Ranch, Section 1, Restricted Reserve "C", White Oak Ranch | ||
Section 1, map or plat thereof recorded under CAB. Q, SHT. 74 | ||
M.C.M.R., Villas at White Oak Ranch, Section 2, map or plat thereof | ||
recorded under CAB. Z, SHT. 6099 M.C.M.R., and a called 0.608 acre | ||
tract conveyed to Aquasource Development Company, as recorded under | ||
M.C.C.F. NO. 2001060128, passing at 18.40 feet a 1/2-inch iron rod | ||
with cap stamped "TPS 100834-00" found marking the common south | ||
corner between said Reserve "E", and Lot 28, Block 1 of said Villas | ||
at White Oak Ranch Section 1, passing at a distance of 1,528.75 | ||
feet, a 5/8-inch iron rod found marking the common southerly corner | ||
of said 0.608 acre tract, and Reserve "D", of said Villas at White | ||
Oak Ranch, Section 2, continuing a total distance of 1,711.69 feet, | ||
to the west line of Reserve "C", of said Villas at White Oak Ranch, | ||
Section 2, marking the southeast corner of said 0.608 acre tract and | ||
the most northerly corner of said TRACT FOUR, from which a nail | ||
found bears, South 09°59' West, 0.9 feet; | ||
THENCE, South 09°58'31" West, along the west line of said | ||
Reserve "C", and a called 31.430 acre tract conveyed to John R. | ||
Collett as recorded under M.C.C.F. NO. 2020139248, common with the | ||
east line of said TRACT FOUR, a distance of 778.74 feet, to a | ||
1/2-inch iron rod with cap stamped "TPS 1000-834-00" found marking | ||
the southwest corner of said 31.430 acre tract, and an interior | ||
corner of said TRACT FOUR, and the herein described tract; | ||
THENCE, South 79°46'17" East, along the southerly line of said | ||
31.430 acre tract, a distance of 1,357.92 feet, to a 5/8-inch iron | ||
rod with cap stamped "E.H.R.A. 713-784-4500" set marking the | ||
southeast corner of said 31.430 acre tract, common with the | ||
southwest corner of Lot 1, Stovall West, map or plat thereof | ||
recorded under CAB. Z, SHT. 3834 M.C.M.R., from which a found | ||
1/2-inch iron rod bears North 12°41' East, 1.2 feet; | ||
THENCE, South 79°56'30" East, along the southerly line of said | ||
Stovall West subdivision, and White Oak Manor, map of plat thereof | ||
recorded under CAB. A, SHT. 23 M.C.M.R., passing at a distance of | ||
519.57 feet, a 1/2-inch iron rod found marking the common southerly | ||
corners of Stovall West section 1, and White Oak Manor, passing at a | ||
distance of 764.77 feet, a 1/2-inch iron pipe (bent) found marking | ||
the common southerly corner of Lot 9 and 10, White Oak Manor, | ||
continuing a total distance of 2,058.31 feet, to a 5/8-inch iron rod | ||
with cap stamped "E.H.R.A. 713-784-4500" set in the south line of | ||
Lot 14, White Oak Manor, marking the northwest corner of a called | ||
6.045 acre tract conveyed to Stephen Scott Spiller as recorded | ||
under M.C.C.F. NO. 2009086905, and a northerly corner of said TRACT | ||
ONE, and the herein described tract; | ||
THENCE, South 0°13'07" East, departing the southerly line of | ||
said White Oak Manor, and along the easterly line of said TRACT ONE, | ||
common with the westerly lines of said 6.045 acre tract, and a | ||
called 4.058 acre tract conveyed to Bonnie Jean Laramore as | ||
recorded under M.C.C.F. NO. 2018085525, a distance of 662.85 feet, | ||
to a 5/8-inch iron rod found marking the southwest corner of said | ||
4.058 acre tract, and an interior corner of said TRACT ONE, and the | ||
herein describe tract; | ||
THENCE, North 69°14'55" East, along the southerly line of said | ||
4.058 acre tract common with the north line of said TRACT ONE, a | ||
distance of 552.90 feet, to a 5/8-inch iron rod with cap stamped | ||
"E.H.R.A. 713-784-4500" set marking an angle in the said common | ||
line; | ||
THENCE, North 24°15'41" West, along said common line, a | ||
distance of 126.31 feet to a 5/8-inch iron rod with cap stamped | ||
"E.H.R.A. 713-784-4500" set marking an angle in the said common | ||
line; | ||
THENCE, North 65°29'42" East, along said common line a | ||
distance of 581.14 feet, to a 1/2-inch iron rod with cap stamped | ||
"Jeff Moon RPLS 4639" found in the southwesterly R.O.W. line of | ||
Longmire Road (based on a variable width) marking the northwest | ||
corner of a called 0.150 acre public street easement granted to the | ||
city of Conroe as recorded under M.C.C.F. NO. 2012011632, and the | ||
most easterly southeast corner of said 4.058 acre tract, and the | ||
most easterly northeast corner of said TRACT ONE, and the herein | ||
described tract; | ||
THENCE, South 30°28'33" East, along the west line of said | ||
0.150 acre public street easement, a distance of 341.77 feet, to a | ||
5/8-inch iron rod with cap stamped "E.H.R.A. 713-784-4500" set | ||
marking the southwest corner of said called 0.150 acre public | ||
street easement, and the northwest corner of a called 0.578 acre | ||
public street easement granted to city of Conroe as recorded under | ||
M.C.C.F. NO. 2012011630, and an angle in the westerly R.O.W. line of | ||
said Longmire Road; | ||
THENCE, South 29°44'08" East, continuing along the westerly | ||
R.O.W. line of said Longmire Road, and said 0.578 acre tract, a | ||
distance o f 83.92 feet, to a 5/8-inch iron rod with cap stamped | ||
"E.H.R.A. 713-784-4500" set marking the southeast corner of the | ||
herein described tract, and the beginning of a curve to the right; | ||
THENCE, departing the westerly R.O.W. line of said Longmire | ||
Road, and along the northerly R.O.W. line of said Pine Valley Drive | ||
the following fifteen (15) courses and distances: | ||
In a southerly direction, along a curve to the right, having a | ||
radius of 25.00 feet, a central angle of 88°58'45" (chord bears, | ||
South 14°45'15" West, 35.04 feet) and an arc distance of 38.82 feet, | ||
to a 5/8-inch iron rod with cap stamped "E.H.R.A. 713-784-4500" set | ||
marking the point of tangency; | ||
South 59°14'37" West, a distance of 292.28 feet, to a 5/8-inch | ||
iron rod with cap stamped "E.H.R.A. 713-784-4500" set marking the | ||
beginning of a curve to the right; | ||
In a northwesterly direction, along said curve to the right, | ||
having a radius of 1,156.00 feet, a central angle of 79°51'01" | ||
(chord bears North 80°49'59" West, 1,483.81 feet) and an arc | ||
distance of 1,611.06 feet, to a 5/8-inch iron rod with cap stamped | ||
"E.H.R.A. 713-784-4500" set marking the point of tangency; | ||
North 40°54'28" West, a distance of 298.45 feet, to a 5/8-inch | ||
iron rod with cap stamped "E.H.R.A. 713- 784-4500" set marking the | ||
beginning of a curve to the left; | ||
In a northwesterly direction, along said curve to the left, | ||
having a radius of 1,244.00 feet, a central angle of 38°55'52" | ||
(chord bears, North 60°22'24" West, 829.10 feet) and an arc distance | ||
of 845.27 feet, to a 5/8-inch iron rod (bent) found marking the | ||
point of tangency; | ||
North 79°50'20" West, a distance of 1,282.23 feet, to a | ||
5/8-inch iron rod with cap stamped "E.H.R.A. 713-784-4500" set | ||
marking the beginning of a curve to the left; | ||
In a westerly direction, along said curve to the left, having | ||
a radius of 1,044.00, a central angle of 28°03'11" (chord bears, | ||
South 86°08'05" West, 506.07 feet) and an arc distance of 511.16 | ||
feet, to the point of tangency, from which a found 5/8-inch iron rod | ||
bears North 07°18' west, 0.5 feet; | ||
South 72°06'29" West, a distance of 52.46 feet, to the | ||
beginning of a curve to the left, from which a found 5/8-inch iron | ||
rod bears, North 88°29' West, 0.3 feet; | ||
In a southwesterly direction, along said curve to the left, | ||
having a radius of 844.00 feet, a central angle of 28°18'34" (chord | ||
bears, South 57°57'12" West, 412.79 feet) and an arc distance of | ||
417.01 feet, to a 5/8-inch iron rod with cap stamped "Jeff Moon RPLS | ||
4639" found marking the end of said curve; | ||
South 47°17'16" East, a distance of 24.85 feet, to a 5/8-inch | ||
iron rod with cap stamped "Jeff Moon RPLS 4639" found marking an | ||
exterior corner of the herein described tract; | ||
South 42°42'44" West, a distance of 189.59 feet, to a 5/8-inch | ||
iron rod with cap stamped "E.H.R.A. 713-784-4500" set marking the | ||
beginning of a curve to the right; | ||
In a southwesterly direction, along said curve to the right, | ||
having a radius of 931.00 feet, a central angle of 60°39'48" (chord | ||
bears, South 73°02'37" West, 940.32 feet) and an arc distance of | ||
985.72 feet, to a 5/8-inch iron rod with cap stamped "Jeff Moon RPLS | ||
4639" found marking the point of tangency; | ||
North 76°37'29" West, a distance of 414.93 feet, to an angle | ||
in the said R.O.W. line, from which a found 1/2-inch iron rod (bent) | ||
bears South 41°27' East, 0.2 feet; | ||
North 13°22'31" East, a distance of 65.00 feet, to a 5/8-inch | ||
iron rod with cap stamped "E.H.R.A. 713-784-4500" set marking an | ||
angle in the north R.O.W. line; | ||
North 76°37'29" West, a distance of 170.09 feet, to the POINT | ||
OF BEGINNING and containing 76.55 acres of land. | ||
TRACT 3: 16.40 Acres | ||
A 16.40 ACRE TRACT OF LAND IN THE JAMES EDWARDS SURVEY, | ||
ABSTRACT NO. 190, MONTGOMERY COUNTY, TEXAS, BEING ALL OF A CALLED | ||
7.5 ACRE TRACT (TRACT THREE) AND OUT OF AND A PART OF A CALLED | ||
410.539 ACRE TRACT (TRACT FOUR), BOTH CONVEYED TO CONROE VENTURE, | ||
LTD. AND RECORDED UNDER MONTGOMERY COUNTY CLERK'S FILE (M.C.C.F.) | ||
NO. 9149317, THE SAID 16.40 ACRE TRACT BEING MORE PARTICULARLY | ||
DESCRIBED BY METES AND BOUNDS AS FOLLOWS, (WITH BEARINGS BASED ON | ||
TEXAS STATE PLANE COORDINATE SYSTEM OF 1983, CENTRAL ZONE, AS | ||
DETERMINED BY GPS MEASUREMENTS): | ||
BEGINNING at a 1/2-inch iron rod found in the southwesterly | ||
Right-Of-Way (R.O.W.) line of Longmire Road (base on a variable | ||
width) marking the southwest corner of a called 0.283 acre Public | ||
Street Easement granted to City of Conroe as recorded under | ||
M.C.C.F. NO. 2012011629, and the northeast corner of Lot 1, Block 1, | ||
of Smith Place on Longmire Section 1, map or plat thereof recorded | ||
under Cabinet (CAB.) Z, Sheet (SHT.) 4635 Montgomery County Map | ||
Records (M.C.M.R.), and the southeast corner of said TRACT THREE | ||
and the herein described tract; | ||
THENCE, South 71°38'45" West, departing the southwesterly | ||
R.O.W. line of said Longmire road, along the south line of said | ||
TRACT THREE, common with the north line of said Lot 1, Block 1, a | ||
distance of 774.14 feet, to the northeast line of a called 3.979 | ||
acre tract conveyed to Charles P. Peters III, ET UX. as recorded | ||
under M.C.C.F. NO. 9143598, marking the northwest corner of said | ||
Lot 1, Block 1, and the southwest corner of said TRACT THREE, and | ||
the herein described tract, from which a found 1/2-inch iron rod | ||
bears, South 30°26' East, 0.3 feet; | ||
THENCE, North 18°17'47" West, along the northeasterly line of | ||
said 3.979 acre tract, common with the southwest line of said TRACT | ||
THREE, a distance of 433.40 feet, to a 1/2-inch iron rod found in | ||
the southerly line of said TRACT FOUR, marking the northeast corner | ||
of said 3.979 acre tract, the southeast corner of a called 20.00 | ||
acre tract conveyed to Board of Trustees of the Willis Independent | ||
School District as recorded under M.C.C.F. NO. 2019109575, and the | ||
northwest corner of said 7.5 acre tract, and an angle in the west | ||
line of the herein described tract; | ||
THENCE, North 18°30'26" West, along the east line of said | ||
20.00 acre tract, and the west line of the herein described tract, a | ||
distance of 621.17 feet, to a 5/8-inch iron rod with cap stamped | ||
"E.H.R.A. 713-784-4500", set in the southerly R.O.W. line of Pine | ||
Valley Drive (based on a variable width) as dedicated in CAB. Z, | ||
SHT. 4404 M.C.M.R., marking the northeast corner of said 20.00 acre | ||
tract, and the northwest corner of the herein described tract, and | ||
the beginning of a non-tangent curve to the left; | ||
THENCE, In a northeasterly direction, along said curve to the | ||
left, and along the southerly R.O.W. line of said Pine Valley Drive, | ||
having a radius of 1,254.00 feet, a central angle of 10°00'50" | ||
(chord bears, North 64°15'02" East, 218.89 feet) and an arc distance | ||
of 219.17 feet, to a 5/8-inch iron rod with cap stamped "E.H.R.A. | ||
713-784-4500", set marking the point of tangency; | ||
THENCE, North 59°14'37" East, continuing along the southerly | ||
R.O.W. line of said Pine Valley Drive, a distance of 289.20 feet, to | ||
a 5/8-inch iron rod with cap stamped "E.H.R.A. 713-784-4500" set | ||
marking the beginning of a curve to the right; | ||
THENCE, in a southeasterly direction, continuing along said | ||
southerly R.O.W. line, along said curve to the right, having a | ||
radius of 25.00 feet, a central angle of 92°04'20" (chord bears, | ||
South 76°41'06" East, 35.99 feet) and an arc distance of 40.17, to | ||
the southwesterly line of a called 0.578 acre public street | ||
easement granted to city of Conroe as recorded under M.C.C.F. NO. | ||
2012011630 and the southwesterly R.O.W. line of said Longmire Road, | ||
and the northeast corner of the herein described tract, from which a | ||
found 5/8-inch iron rod with cap stamped "Jeff Moon RPLS 4639" | ||
bears, South 39°53' West, 1.5 feet; | ||
THENCE, South 29°44'08" East, along the southwesterly R.O.W. | ||
line of said Longmire Road, and said 0.578 acre tract, a distance of | ||
389.61 feet, to a 5/8-inch iron rod with cap stamped "E.H.R.A. | ||
713-784-4500" set marking an angle in said 0.578 acre tract and the | ||
R.O.W. line of Longmire Road; | ||
THENCE, South 31°06'09" East, continuing along the | ||
southwesterly R.O.W. line of said Longmire Road, a distance of | ||
762.81 feet, to the POINT OF BEGINNING and containing 16.40 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 | ||
7958A, Special District Local Laws Code, as added by Section 1 of | ||
this Act, is amended by adding Section 7958A.0306 to read as | ||
follows: | ||
Sec. 7958A.0306. 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 January 1, 2024. |