Bill Text: TX SB623 | 2013-2014 | 83rd Legislature | Comm Sub
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. 138; 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) 2013-06-14 - Effective immediately [SB623 Detail]
Download: Texas-2013-SB623-Comm_Sub.html
Bill Title: Relating to the creation of the Montgomery County Municipal Utility District No. 138; 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) 2013-06-14 - Effective immediately [SB623 Detail]
Download: Texas-2013-SB623-Comm_Sub.html
By: Williams | S.B. No. 623 | |
(Toth) | ||
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relating to the creation of the Montgomery County Municipal Utility | ||
District No. 138; 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 8422 to read as follows: | ||
CHAPTER 8422. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 138 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8422.001. 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 Montgomery County Municipal | ||
Utility District No. 138. | ||
Sec. 8422.002. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 8422.003. 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. 8422.004. CONSENT OF MUNICIPALITY REQUIRED. The | ||
temporary directors may not hold an election under Section 8422.003 | ||
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. 8422.005. 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. 8422.006. 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. 8422.051. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of five elected directors. | ||
(b) Except as provided by Section 8422.052, directors serve | ||
staggered four-year terms. | ||
Sec. 8422.052. TEMPORARY DIRECTORS. (a) On or after the | ||
effective date of the Act enacting this chapter, 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 8422.003; or | ||
(2) the fourth anniversary of the effective date of | ||
the Act enacting this chapter. | ||
(c) If permanent directors have not been elected under | ||
Section 8422.003 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 8422.003; 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. 8422.101. GENERAL POWERS AND DUTIES. The district has | ||
the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 8422.102. 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. 8422.103. 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. 8422.104. 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, zoning and | ||
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. 8422.105. 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. | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 8422.151. 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 8422.153. | ||
(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. 8422.152. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 8422.151, 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. 8422.153. 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. 8422.201. 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. 8422.202. 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. 8422.203. 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 Montgomery County Municipal Utility District | ||
No. 138 initially includes all the territory contained in the | ||
following area: | ||
TRACT 1 | ||
Being all that certain tract or parcel of land containing | ||
60.2044 acres of land situated in the Henry Applewhite Survey, | ||
A-50, Conroe, Montgomery County, Texas, out of and a part of a | ||
Called 120 acre tract described in Volume 188, Page 416, MCDR, said | ||
60.2044 acres being more particularly described by metes and bounds | ||
as follows, to wit: | ||
BEGINNING at an Axle found for the Southeast corner of a | ||
certain 35.213 acres of land cited Tract III conveyed by partition | ||
deed to James W. Peoples, et ux described and recorded under | ||
Clerk's File No. 9307782 of the Official Public Records of Real | ||
Property of Montgomery County, Texas (OPRRPMCT), same 35.213 acres | ||
out of and a part of a Called 120 acre tract conveyed in deed to | ||
Surcy Peoples, et al described and recorded in Volume 188, Page 416 | ||
of Montgomery County Deed Records (MCDR) said 120 acre South line | ||
located on the recognized Abstract division line between the Henry | ||
Applewhite Survey, A-50 and the Daniel F. Whillden Survey, A-640, | ||
same Axle recognized by local surveyors as the Southeast corner of | ||
the Applewhite Survey and the Northeast corner of said Whillden | ||
Survey and the Northeast corner of a certain 15.950 acre parcel | ||
conveyed to Marcus Koenig et al described and recorded under | ||
C.F. No. 2001-096958, OPRRPMCT, the Northwest corner of The | ||
Woodlands Windsor Lakes Section 5, subdivision map or plat thereof | ||
recorded in Cabinet 'U', Sheet 19 of Montgomery County Map Records | ||
(MCMR), the Southwest corner of the Residue of a 56.9509 acre parcel | ||
described in deed to John D. Hagerman et al recorded under | ||
C.F. No. 2002-051022 and from whence a 1/2" iron rod found under | ||
asphalt pavement along Peoples Road, for the Southwest corner of | ||
said Called 120 acres and the Southwest corner of a certain 31.108 | ||
acre tract cited as Tract II (C.F. No. 9307782) bears N 89°55'36" W | ||
a distance of 4353.61 feet (Deed Call West 1511 Varas 188 / 416 | ||
MCDR) aforementioned tracts or parcels of land situated in the | ||
Henry Applewhite Survey, A-50, Conroe, Montgomery County, Texas; | ||
THENCE N 89°55'36" W (Deed Call N.89°55'34"W. C.F. No. 9307782 & | ||
Deed Call West 188 / 416 MCDR) departing said 35.213 acre | ||
Southeast corner and along the South line of same, the South line of | ||
aforementioned Called 120 acres and the North line of said Koenig | ||
15.950 acre tract for a distance of 2175.79 feet to a 1/2" iron rod | ||
found for the Southwest corner of said James W. Peoples, et ux | ||
35.213 acres, the Southeast corner of said James W. Peoples, et ux | ||
31.108 acre tract, same located on the Northeast corner of Koenig | ||
Road (60 Ft. Road Easement 599 / 427 MCDR) for a Point on the South | ||
line of the herein described tract; | ||
THENCE N 89°55'36" W (Deed Call N.89°55'34"W. C.F. No. 9307782 & | ||
Deed Call West 188 / 416 MCDR) continuing along said Koenig Road | ||
North line and said 31.108 acre South line for a distance of 1771.34 | ||
feet to a 1/2" iron rod with cap scribed 'SR ESTES RPLS 5631' found | ||
for the Southwest corner of the herein described tract, same | ||
situated on the North line of a certain 3.923 acre tract conveyed in | ||
deed to Cecil A Koenig, recorded under C.F. No. 9720350, OPRRPMCT; | ||
THENCE N 00°07'33" E departing said Koenig Road and the South | ||
line of the 31.108 acre tract, severing same parcel for a distance | ||
of 614.95 feet to a 1/2" iron rod with cap scribed 'SR ESTES RPLS | ||
5631' found for the Northwest corner of the herein described tract | ||
on the South line of a certain 32.524 acre tract cited Tract IV | ||
conveyed by Partition Deed to Surcy L. Peoples, Jr., et ux | ||
described and recorded under C.F. No. 9307782, OPRRPMCT; | ||
THENCE S 89°55'29" E (Deed Call S.89°55'34"E. C.F. No. 9307782 | ||
OPRRPMCT) along the South line of aforementioned Peoples 32.524 | ||
acre Tract IV for a distance of 1770.18 feet to a 1/2" iron rod found | ||
for the Southwest corner of a certain 33.006 acre parcel cited as | ||
Tract V and described in same Partition Deed to Surcy L. Peoples, | ||
Jr., et ux as recorded under C.F. No. 9307782, OPRRPMCT and the | ||
Northwest corner of said 35.213 acre tract, for an inside corner on | ||
the North line of the herein described tract; | ||
THENCE S 89°55'29" E (Deed Call S.89°55'34"W. | ||
C.F. No. 9307782) along the South line of aforesaid Peoples 33.006 | ||
acre Tract V for a distance of 891.58 feet to a 1/2" iron rod found | ||
for an inside ell corner of said 35.213 acre tract, for an inside | ||
ell corner of the herein described tract; | ||
THENCE N 00°00'07" E (Deed Call North, 152.73' | ||
C.F. No. 9307782) along a common inside line of aforementioned | ||
35.213 acre and 33.006 acre parcels for a distance of 152.75 feet to | ||
a 1/2" iron rod found for the upper Northwest corner of the herein | ||
described tract; | ||
THENCE S 89°55'34" E (Deed Call S.89°55'34"E., 1282.26' | ||
C.F. No. 9307782) along a South line of aforesaid Tract V and the | ||
North line of said 35.213 acre tract for a distance of 1283.39 feet | ||
to a 1/2" iron rod found for the Northeast corner of the herein | ||
described tract, same sited on the West boundary line of | ||
aforementioned John D. Hagerman et al 56.9509 acre tract recorded | ||
under C.F. No. 2002-051022, OPRRPMCT and from whence a 1/2" iron | ||
rod found for the Northeast corner of said 120 acres, the Northeast | ||
corner of aforesaid Tract V and the recognized Northeast corner of | ||
the Applewhite Survey, A-50 bears N 00°02'47" W a distance of 594.05 | ||
feet (Deed Call N 00°05'33" W, 594.33' C.F. No. 9307782); | ||
THENCE S 00°02'47" E (Deed Call South, 188 / 416 MCDR) along | ||
the common East line of aforesaid 35.213 acres and the Residue of | ||
said 56.9509 acre tract for a distance of 767.59 feet to the | ||
Southeast corner and POINT OF BEGINNING of the herein described | ||
tract, in all containing 60.2044 acres (2,622,504 square feet) of | ||
land, more or less. | ||
TRACT 2 | ||
Being all that certain tract or parcel of land containing | ||
9.0719 acres of land situated in the Henry Applewhite Survey, A-50, | ||
Conroe, Montgomery County, Texas, out of and a part of a Called 120 | ||
acre tract described in Volume 188, Page 416, MCDR, said 9.0719 | ||
acres being more particularly described by metes and bounds as | ||
follows, to wit: | ||
BEGINNING at a 1/2" iron rod found under asphalt pavement for | ||
the Southwest corner of a certain 31.108 acres of land cited Tract | ||
II, conveyed by Partition Deed to James W. Peoples, et ux described | ||
and recorded under Clerk's File No. 9307782 of the Official Public | ||
Records of Real Property of Montgomery County, Texas (OPRRPMCT), | ||
same 31.108 acres out of and a part of a Called 120 acre tract | ||
conveyed in deed to Surcy Peoples, et al described and recorded in | ||
Volume 188, Page 416 of Montgomery County Deed Records (MCDR) said | ||
120 acre South line located on the recognized Abstract division | ||
line between the Henry Applewhite Survey, A-50 and the Daniel | ||
F. Whillden Survey, A-640, same located within the used and | ||
occupied right-of-way of Peoples Road and from whence an axle found | ||
for the Southeast corner of said Called 120 acres, the recognized | ||
Southeast corner of the Applewhite Survey bears S 89°55'36" E a | ||
distance of 4353.61 feet ( Deed Call East 1511 Varas 188 / 416 MCDR) | ||
aforementioned tracts or parcels of land situated in the Henry | ||
Applewhite Survey, A-50, Conroe, Montgomery County, Texas; | ||
THENCE N 00°09'09" E (Deed Call North 188 / 416 MCDR) along the | ||
West line of said 31.108 acre tract, the West line of said Called | ||
120 acre Peoples tract and at a distance of 666.91 feet passing a PK | ||
nail in asphalt pavement for the Southwest corner of a certain | ||
0.8665 of one acre parcel described in deed to James W. Peoples | ||
recorded under C.F. No. 9137919, OPRRPMCT and from whence a Texas | ||
Forest Service brass spike found in asphalt pavement bears N | ||
00°08'55" W a distance of 1.58 feet, continuing for a total distance | ||
of 1084.14 feet to a PK nail found in asphalt pavement for the | ||
Northwest corner of the herein described tract, same being the | ||
Northwest corner of a certain 2.09 acre tract described in deed to | ||
James W. Peoples and recorded in Vol. 786, Pg. 47, MCDR and the | ||
Southwest corner of a 2.09 acre tract described in deed to Surcy | ||
L. Peoples, Jr. recorded in Vol. 806, Pg. 248 and from whence a 60D | ||
nail found for the Northwest corner of same parcel bears N 00°09'09" | ||
E a distance of 295.27 feet; | ||
THENCE S 89°56'29" E (Deed Call S.89°56'47"E., 309.55' 786 / 47 | ||
MCDR) departing said Called 120 acre West line, along the North line | ||
of said James W. Peoples 2.09 acre tract, the South line of said | ||
Surcy L. Peoples, Jr. 2.09 acre parcel for a distance of 309.54 feet | ||
to a 1-1/4" iron pipe found in the West line of a certain 32.524 acre | ||
tract cited Tract IV conveyed by Partition Deed to Surcy | ||
L. Peoples, Jr., et ux described and recorded under | ||
C.F. No. 9307782, OPRRPMCT, for the upper Northeast corner of the | ||
herein described tract; | ||
THENCE S 00°07'32" W (Deed Call S.00°07'10"W. C.F. | ||
No. 9307782) along the West line of said Peoples 32.524 acre parcel | ||
for a distance of 469.27 feet to a 1/2" iron rod found for the | ||
Southwest corner of same tract and an inside ell corner of | ||
aforementioned James W. Peoples, et ux 31.108 acres, for an ell | ||
corner of the herein described tract; | ||
THENCE S 89°55'29" E (Deed Call S.89°55'34"W. C.F. | ||
No. 9307782) along the South line of said Peoples 32.524 acre | ||
parcel, the North line of said James W. Peoples, et ux 31.108 acres | ||
for a distance of 96.43 feet to a 1/2" iron rod with cap scribed 'SR | ||
ESTES RPLS 5631' found for the lower Northeast corner of the herein | ||
described tract and from whence a 1/2" iron rod found for the | ||
Northeast corner of said 31.108 acre parcel bears S 89°55'29" E a | ||
distance of 1770.18 feet; | ||
THENCE S 00°07'33" W departing said 31.108 acre tract North | ||
line and severing same parcel for a distance of 614.95 feet to a | ||
1/2" iron rod with cap scribed 'SR ESTES RPLS 5631' found for the | ||
Southeast corner of the herein described tract, same situated on | ||
the North line of a certain 3.923 acre tract conveyed in deed to | ||
Cecil A Koenig, recorded under C.F. No. 9720350, OPRRPMCT and | ||
located on the North line of Koenig Road (60 Ft. Road Easement 599 / | ||
427 MCDR); | ||
THENCE N 89°55'36" W along the North line of said Koenig Road | ||
for a distance of 406.48 feet to the Southwest corner and POINT OF | ||
BEGINNING of the herein described tract, in all containing 9.0719 | ||
acres (395,173 square feet) of land, more or less. | ||
TRACT 3 | ||
Being all that certain tract or parcel of land containing | ||
32.9958 acres of land situated in the Henry Applewhite Survey, | ||
A-50, Conroe, Montgomery County, Texas, out of and a part of a | ||
Called 120 acre tract described in Volume 188, Page 416, MCDR, said | ||
32.9958 acres being more particularly described by metes and bounds | ||
as follows, to wit: | ||
COMMENCING at an Axle found for the Southeast corner of a | ||
certain 35.213 acres of land cited Tract III conveyed by partition | ||
deed to James W. Peoples, et ux described and recorded under | ||
Clerk's File No. 9307782 of the Official Public Records of Real | ||
Property of Montgomery County, Texas (OPRRPMCT), same 35.213 acres | ||
out of and a part of a Called 120 acre tract conveyed in deed to | ||
Surcy Peoples, et al described and recorded in Volume 188, Page 416 | ||
of Montgomery County Deed Records (MCDR) said 120 acre South line | ||
located on the recognized Abstract division line between the Henry | ||
Applewhite Survey, A-50 and the Daniel F. Whillden Survey, A-640, | ||
same Axle recognized by local surveyors as the Southeast corner of | ||
the Applewhite Survey and the Northeast corner of said Whillden | ||
Survey and the Northeast corner of a certain 15.950 acre parcel | ||
conveyed to Marcus Koenig et al described and recorded under | ||
C.F. No. 2001-096958, OPRRPMCT, the Northwest corner of The | ||
Woodlands Windsor Lakes Section 5, subdivision map or plat thereof | ||
recorded in Cabinet 'U', Sheet 19 of Montgomery County Map Records | ||
(MCMR), the Southwest corner of the Residue of a 56.9509 acre parcel | ||
described in deed to John D. Hagerman et al recorded under | ||
C.F. No. 2002-051022 and from whence a 1/2" iron rod found under | ||
asphalt pavement along Peoples Road, for the Southwest corner of | ||
said Called 120 acres and the Southwest corner of a certain 31.108 | ||
acre tract cited as Tract II (C.F. No. 9307782) bears N 89°55'36" W | ||
a distance of 4,353.61 feet (Deed Call West 1511 Varas 188 / 416 | ||
MCDR) aforementioned tracts or parcels of land situated in the | ||
Henry Applewhite Survey, A-50, Conroe, Montgomery County, Texas; | ||
THENCE N 00°02'47" W (Deed Call North 188 / 416 MCDR) | ||
departing said 35.213 acre Southeast corner and along the East line | ||
of same, the East line of aforementioned Called 120 acres same being | ||
the West boundary line of aforementioned John D. Hagerman, et al | ||
parcel for a distance of 767.59 feet to a 1/2" iron rod found for the | ||
Southeast corner of a certain Called 33.006 acre tract cited as | ||
Tract V conveyed in a deed to Surcy L. Peoples, Jr., et ux recorded | ||
under C.F. No. 9307782, OPRRPMCT same monument being the Southeast | ||
corner and POINT OF BEGINNING of the herein described tract; | ||
THENCE N 89°55'34" W (Deed Call N.89°55'34"W., 1282.26' | ||
C.F. No. 9307782 & Deed Call West 188 / 416 MCDR) along the South | ||
line of aforesaid Peoples Called 33.006 acre parcel, the occupied | ||
North line of said Peoples 35.213 acre tract for a distance of | ||
1,283.39 feet to a 1/2" iron rod found for an inside ell corner of | ||
the herein described tract; | ||
THENCE S 00°00'07" W (Deed Call South, 152.73' | ||
C.F. No. 9307782 OPRRPMCT) along an inside boundary line of | ||
aforementioned Peoples Called 33.006 acre parcel, an inside line of | ||
the said Peoples 35.213 acre tract for a distance of 152.75 feet to | ||
a 1/2" iron rod found for an inside ell corner of the herein | ||
described tract; | ||
THENCE N 89°55'29" W (Deed Call N.89°55'34"W., 891.90' | ||
C.F. No. 9307782 OPRRPMCT) continuing along an inside boundary | ||
line of said Tract V, an inside line of aforesaid Peoples 35.213 | ||
acre parcel for a distance of 891.58 feet to a 1/2" iron rod found | ||
for the Southeast corner of a certain Called 32.524 acre tract | ||
conveyed in a deed to Surcy L. Peoples, Jr., et ux cited as Tract IV | ||
recorded under the same C.F. No. 9307782, OPRRPMCT for the | ||
Southwest corner of the herein described tract; | ||
THENCE N 00°01'04" E (Deed Call N.00°05'33"W., 755.70' | ||
C.F. No. 9307782 OPRRPMCT) along the East line of aforesaid Tract | ||
IV and the West boundary line of said Tract V, for a distance of | ||
755.34 feet to the South occupied margin of an unimproved road cited | ||
as Johnson-Martin Road (no right-of-way width or dedication found | ||
of record) an angle iron fence post corner found for the occupied | ||
Northwest corner of the herein described tract same being an inside | ||
Southerly boundary line of a portion of the Jones State Forest, a | ||
216.10 acre parcel cited as the First Tract, conveyed in a deed to | ||
the State of Texas / Texas A&M University as recorded in Volume 118, | ||
Page 375 MCDR and from whence a 1/2" iron rod found bears N 00°01'04" | ||
E a distance of 0.19 feet; | ||
THENCE S 89°42'01" E (Deed Call S.89°55'34"E. | ||
C.F. No. 9307782 OPRRPMCT Deed Call N.87°14'53"E. 118 / 375 MCDR) | ||
along a South boundary line of aforesaid 216.10 acre First Tract | ||
for a distance of 2,174.29 feet to a 1/2" iron rod found for the | ||
Northeast corner of the herein described tract same sited on the | ||
South right-of-way line of Schoettle Road (35 Ft. R.O.W.) as | ||
recorded in Cabinet Y, Sheet 56 of Montgomery County Map Records | ||
(MCMR) same point being the Northwest corner of a certain 3.9944 | ||
acre tract conveyed in a deed to Kenneth Earl Guinn and Evelyn | ||
Eugenia Martin recorded under C.F. No. 2002-051022, OPRRPMCT; | ||
THENCE S 00°02'46" E (Deed Call S 00°05'33" E, 594.33' | ||
C.F. No. 9307782 Deed Call S 00°07'12" E, C.F. No. 2002-051022 | ||
OPRRPMCT Deed Call South, 188 / 416 MCDR) along the common East | ||
line of aforesaid Surcy Peoples, Jr., et ux Tract V and the West | ||
boundary of aforesaid 3.9944 acre tract for a distance of 594.05 | ||
feet to the Southeast corner and POINT OF BEGINNING of the herein | ||
described tract, in all containing 32.9958 acres (1,437,299 square | ||
feet) of land, more or less. | ||
TRACT 4 | ||
Being all that certain tract or parcel of land containing | ||
54.2960 acres of land situated in the Thomas Toby Survey, A-576, | ||
(Edward Hall Survey, A-576), Conroe, Montgomery County, Texas and | ||
being the Residue of a certain 56.9509 acre tract conveyed in | ||
Warranty Deed from Kenneth Earl Guinn and Evelyn Eugenia Martin to | ||
John D. Hagerman and wife, Linda L. Hagerman and Ronald R. Byrd and | ||
wife, Martha Byrd, described and recorded under Clerk's File | ||
No. 2002-051022 of the Official Public Records of Real Property of | ||
Montgomery County, Texas (OPRRPMCT) and being the same parent tract | ||
of land resurveyed as 56.9659 acres of land by Steven Ray Estes, | ||
RPLS No. 5631 on August 22, 2006 and being that same parcel or tract | ||
of land called 58.4 acres conveyed to Ernest Guinn et ux by deed | ||
recorded in Volume 220, Page 84 of Montgomery County Deed Records | ||
(MCDR) and being further out of Block No. 6 of the R. H. John | ||
Subdivision of the 'Edward Hall Two Surveys', described and | ||
recorded in Vol. 14, Pg. 579, MCDR and Volume 1, Page 6 of | ||
Montgomery County Map Records (MCMR), aforementioned properties | ||
situated in the Thomas Toby Survey, A-576, (Edward Hall Survey, | ||
A-576) said 54.2960 acres being more particularly described by | ||
metes and bounds as follows: | ||
BEGINNING at a 1/2" iron rod with cap found for the southeast | ||
corner of a certain 1.2925 acre parcel of land conveyed to the City | ||
of Conroe from John D. Hagerman and wife, Linda L. Hagerman, and | ||
Martha Byrd, Individually and as the Independent Administrator of | ||
the Estate of Ronald R. Byrd, Deceased, cited as Tract 1 Guinn Road | ||
Extension described and recorded under C.F. No. 2006-122795, | ||
OPRRPMCT, same sited on the east line of aforementioned 56.9509 | ||
acre Hagerman et al tract, the east line of a 40 Ft. Roadway | ||
described in 14 / 579, MCDR and 1 / 6, MCMR and the west line of a | ||
certain 17.308 acre parcel conveyed to Western Rim Investors | ||
2002-1, L.P. described and recorded under C.F. No. 2002-063325, | ||
OPRRPMCT and from whence a 1/2" iron rod found for the northeast | ||
corner of said Hagerman et al 56.9509 acres bears N 00°32'59" W a | ||
distance of 35.00 feet, and located 4.26 feet Southeast from the | ||
occupied north line of Guinn Road (No Dedicated R.O.W. Found of | ||
Record), for the northeast corner of the herein described tract; | ||
THENCE S 00°32'59" E (Deed Call S.00°33'10"E. | ||
C.F. No. 2002-051022 OPRRPMCT) along the east line of | ||
aforementioned Hagerman et al 56.9659 acre tract and west line of | ||
said Western Rim Investors 2002-1, L.P. parcel and east line of the | ||
40 Ft. Roadway for a distance of 1311.74 feet to a 5/8" iron rod | ||
found for the southeast corner of the 56.9659 acres and sited on the | ||
north line of a certain Residue of 3888.76 acres conveyed to | ||
Woodlands Land Development, L.P. described under C.F. No. 9747722, | ||
OPRRPMCT and situated on the Abstract division line of the Thomas | ||
Toby Survey, A-576 and the James McCambridge Survey, A-390, for the | ||
southeast corner of the herein described tract; | ||
THENCE S 89°42'01" W (Deed Call S.89°41'03"W., 1965.38' | ||
C.F. No. 2002-051022) along the south line of aforementioned | ||
Hagerman et al 56.9659 acre tract and the south line of the Thomas | ||
Toby Survey, A-576 for a distance of 1965.35 feet to an axle found | ||
for the northwest corner of The Woodlands Windsor Lakes Section 5, | ||
map or plat thereof recorded in Cabinet 'U', Sheet 19 of Montgomery | ||
County Map Records (MCMR), the northeast corner of a certain 15.950 | ||
acre tract conveyed in deed to Cecil A. Koenig described and | ||
recorded in 599 / 407, MCDR, the southeast corner of the James | ||
W. Peoples 35.213 acre tract described under C.F. No. 9307782, | ||
OPRRPMCT, the common southwest corner of aforementioned Hagerman et | ||
al 56.9659 acres and the herein described tract, said axle | ||
recognized by cartographers and accepted by local surveyors as the | ||
Four Corners of the James McCambridge Survey, A-390, the Daniel | ||
F. Whildon Survey, A-640, the Henry Applewhite Survey, A-50 and the | ||
Thomas Toby Survey, A-576; | ||
THENCE N 00°10'28" W (Deed Call N.00°11'26"E., 861.45' | ||
C.F. No. 2002-051022) departing said Four Corners axle and along | ||
the east line of said Peoples 35.213 acre tract and west line of | ||
said Hagerman 56.9659 acres for a distance of 861.64 feet to a 60D | ||
nail found for the lower northwest corner of the herein described | ||
tract of land, same being the southwest corner of a 3.9944 acre | ||
Out-Tract parcel described by metes and bounds to Kenneth Earl | ||
Guinn and Evelyn Eugenia Martin (herein cited as the Guinn-Martin | ||
tract) under aforementioned C.F. No. 2002-051022, same 60D nail | ||
sited on the east line of a certain 33.006 acre tract conveyed in | ||
deed to Surcy L. Peoples described under C.F. No. 9307782, | ||
OPRRPMCT; | ||
THENCE S 89°51'47" E (Deed Call S.89°51'47"E., 348.00' | ||
C.F. No. 2002-051022) along an inside line of said Hagerman 56.9659 | ||
acre parcel and south line of said Guinn-Martin tract for a distance | ||
of 348.00 feet to a 1/2" iron rod found for the southeast corner of | ||
same 3.9944 acre tract and an inside corner of the herein described | ||
tract; | ||
THENCE N 00°10'28" W (Deed Call N.00°11'26"E. | ||
C.F. No. 2002-051022) along the east line of aforementioned | ||
Guinn-Martin tract and upper west line of said 56.9659 acre parcel | ||
and at a distance of 82.16 feet crossing the south line of a Called | ||
4.00 acre tract described in 960 / 554, MCDR to Evelyn Eugenia | ||
Martin and husband, Eugene L. Martin continuing for a total | ||
distance of 165.00 feet to a 5/8" iron rod with cap found for the | ||
southwest corner of a certain 1.3774 acre tract cited as Tract 2 | ||
(Water Well Site) conveyed to the City of Conroe described under | ||
C.F. No. 2006-122795, OPRRPMCT, for an inside corner of the herein | ||
described tract; | ||
THENCE S 89°51'47" E (Deed Call S.89°51'47"E., 200.00' | ||
C.F. No. 2006-122795) departing aforementioned 3.9944 acre east | ||
line and upper west line of the Hagerman et al 56.9659 acre parcel | ||
and along the south line of the City of Conroe 1.3774 acres for a | ||
distance of 200.00 feet to a 5/8" iron rod with cap found for the | ||
southeast corner of same 1.3774 acres, for an inside corner of the | ||
herein described tract; | ||
THENCE N 00°10'28" W (Deed Call N.00°11'26"W., 300.00' | ||
C.F. No. 2006-122795) along the east line of aforementioned City of | ||
Conroe 1.3774 acre tract for a distance of 300.00 feet to a 5/8" | ||
iron rod with cap found for the northeast corner of same 1.3774 | ||
acres and sited on the south line of aforementioned City of Conroe | ||
1.2925 acre Tract 1 (Guinn Road Extension) for the upper northwest | ||
corner of the herein described tract; | ||
THENCE S 89°51'47" E (Deed Call S.89°51'47"E. | ||
C.F. No. 2006-122795) along the south line of said City of Conroe | ||
1.2925 acre Tract 1 for a distance of 1408.79 feet to the northeast | ||
corner and POINT OF BEGINNING of the herein described tract, in all | ||
containing 54.2960 acres (2,365,136 square feet) of land, more or | ||
less. | ||
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 | ||
8422, Special District Local Laws Code, as added by Section 1 of | ||
this Act, is amended by adding Section 8422.106 to read as follows: | ||
Sec. 8422.106. 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 Subsection (c), | ||
Section 17, Article I, Texas Constitution. | ||
SECTION 5. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2013. |