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Texas House Bill HB4758

Texas 2009 - 81st Regular

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11 81R14646 PMO-F
22 By: Eissler H.B. No. 4758
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the creation of the Montgomery County Water Control and
88 Improvement District No. 3; providing authority to impose a tax and
99 issue bonds; granting a limited power of eminent domain.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Subtitle I, Title 6, Special District Local Laws
1212 Code, is amended by adding Chapter 9040 to read as follows:
1313 CHAPTER 9040. MONTGOMERY COUNTY WATER CONTROL AND IMPROVEMENT
1414 DISTRICT NO. 3
1515 SUBCHAPTER A. GENERAL PROVISIONS
1616 Sec. 9040.001. DEFINITIONS. In this chapter:
1717 (1) "Board" means the district's board of directors.
1818 (2) "Director" means a board member.
1919 (3) "District" means the Montgomery County Water
2020 Control and Improvement District No. 3.
2121 Sec. 9040.002. NATURE OF DISTRICT. The district is a water
2222 control and improvement district created under Section 59, Article
2323 XVI, Texas Constitution.
2424 Sec. 9040.003. CONFIRMATION AND DIRECTORS' ELECTION
2525 REQUIRED. The temporary directors shall hold an election to
2626 confirm the creation of the district and to elect five permanent
2727 directors as provided by Section 49.102, Water Code.
2828 Sec. 9040.004. CONSENT OF MUNICIPALITY REQUIRED. The
2929 temporary directors may not hold an election under Section 9040.003
3030 until each municipality in whose corporate limits or
3131 extraterritorial jurisdiction the district is located has
3232 consented by ordinance or resolution to the creation of the
3333 district and to the inclusion of land in the district.
3434 Sec. 9040.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
3535 The district is created to serve a public purpose and benefit.
3636 (b) The district is created to accomplish the purposes of a
3737 water control and improvement district as provided by general law
3838 and Section 59, Article XVI, Texas Constitution.
3939 Sec. 9040.006. INITIAL DISTRICT TERRITORY. (a) The
4040 district is initially composed of the territory described by
4141 Section 2 of the Act creating this chapter.
4242 (b) The boundaries and field notes contained in Section 2 of
4343 the Act creating this chapter form a closure. A mistake made in the
4444 field notes or in copying the field notes in the legislative process
4545 does not affect the district's:
4646 (1) organization, existence, or validity;
4747 (2) right to issue any type of bond for the purposes
4848 for which the district is created or to pay the principal of and
4949 interest on a bond;
5050 (3) right to impose a tax; or
5151 (4) legality or operation.
5252 [Sections 9040.007-9040.050 reserved for expansion]
5353 SUBCHAPTER B. BOARD OF DIRECTORS
5454 Sec. 9040.051. GOVERNING BODY; TERMS. (a) The district is
5555 governed by a board of five elected directors.
5656 (b) Except as provided by Section 9040.052, directors serve
5757 staggered four-year terms.
5858 Sec. 9040.052. TEMPORARY DIRECTORS. (a) On or after the
5959 effective date of the Act creating this chapter, the owner or owners
6060 of a majority of the assessed value of the real property in the
6161 district may submit a petition to the Texas Commission on
6262 Environmental Quality requesting that the commission appoint as
6363 temporary directors the five persons named in the petition. The
6464 commission shall appoint as temporary directors the five persons
6565 named in the petition.
6666 (b) Temporary directors serve until the earlier of:
6767 (1) the date permanent directors are elected under
6868 Section 9040.003; or
6969 (2) the fourth anniversary of the effective date of
7070 the Act creating this chapter.
7171 (c) If permanent directors have not been elected under
7272 Section 9040.003 and the terms of the temporary directors have
7373 expired, successor temporary directors shall be appointed or
7474 reappointed as provided by Subsection (d) to serve terms that
7575 expire on the earlier of:
7676 (1) the date permanent directors are elected under
7777 Section 9040.003; or
7878 (2) the fourth anniversary of the date of the
7979 appointment or reappointment.
8080 (d) If Subsection (c) applies, the owner or owners of a
8181 majority of the assessed value of the real property in the district
8282 may submit a petition to the Texas Commission on Environmental
8383 Quality requesting that the commission appoint as successor
8484 temporary directors the five persons named in the petition. The
8585 commission shall appoint as successor temporary directors the five
8686 persons named in the petition.
8787 [Sections 9040.053-9040.100 reserved for expansion]
8888 SUBCHAPTER C. POWERS AND DUTIES
8989 Sec. 9040.101. GENERAL POWERS AND DUTIES. The district has
9090 the powers and duties necessary to accomplish the purposes for
9191 which the district is created.
9292 Sec. 9040.102. WATER CONTROL AND IMPROVEMENT DISTRICT
9393 POWERS AND DUTIES. (a) The district has the powers and duties
9494 provided by the general law of this state, including Chapters 49 and
9595 51, Water Code, applicable to water control and improvement
9696 districts created under Section 59, Article XVI, Texas
9797 Constitution.
9898 (b) The powers and duties authorized under Subsection (a)
9999 shall specifically include the powers authorized under Subchapter
100100 H, Chapter 51, Water Code.
101101 Sec. 9040.103. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
102102 OR RESOLUTION. The district shall comply with all applicable
103103 requirements of any ordinance or resolution that is adopted under
104104 Section 42.042 or 42.0425, Local Government Code, and that consents
105105 to the creation of the district or to the inclusion of land in the
106106 district.
107107 Sec. 9040.104. LIMITATION ON USE OF EMINENT DOMAIN. The
108108 district may not exercise the power of eminent domain outside the
109109 district to acquire a site or easement for a recreational facility
110110 as defined by Section 49.462, Water Code.
111111 [Sections 9040.105-9040.150 reserved for expansion]
112112 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
113113 Sec. 9040.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
114114 district may issue, without an election, bonds and other
115115 obligations secured by:
116116 (1) revenue other than ad valorem taxes; or
117117 (2) contract payments described by Section 9040.153.
118118 (b) The district must hold an election in the manner
119119 provided by Chapters 49 and 51, Water Code, to obtain voter approval
120120 before the district may impose an ad valorem tax or issue bonds
121121 payable from ad valorem taxes.
122122 Sec. 9040.152. OPERATION AND MAINTENANCE TAX. (a) If
123123 authorized at an election held under Section 9040.151, the district
124124 may impose an operation and maintenance tax on taxable property in
125125 the district in accordance with Section 49.107, Water Code.
126126 (b) The board shall determine the tax rate. The rate may not
127127 exceed the rate approved at the election.
128128 Sec. 9040.153. CONTRACT TAXES. (a) In accordance with
129129 Section 49.108, Water Code, the district may impose a tax other than
130130 an operation and maintenance tax and use the revenue derived from
131131 the tax to make payments under a contract after the provisions of
132132 the contract have been approved by a majority of the district voters
133133 voting at an election held for that purpose.
134134 (b) A contract approved by the district voters may contain a
135135 provision stating that the contract may be modified or amended by
136136 the board without further voter approval.
137137 [Sections 9040.154-9040.200 reserved for expansion]
138138 SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
139139 Sec. 9040.201. AUTHORITY TO ISSUE BONDS AND OTHER
140140 OBLIGATIONS. The district may issue bonds or other obligations
141141 payable wholly or partly from ad valorem taxes, impact fees,
142142 revenue, contract payments, grants, or other district money, or any
143143 combination of those sources, to pay for any authorized district
144144 purpose.
145145 Sec. 9040.202. TAXES FOR BONDS. At the time the district
146146 issues bonds payable wholly or partly from ad valorem taxes, the
147147 board shall provide for the annual imposition of a continuing
148148 direct ad valorem tax, without limit as to rate or amount, while all
149149 or part of the bonds are outstanding as required and in the manner
150150 provided by Chapter 51, Water Code.
151151 Sec. 9040.203. BONDS FOR RECREATIONAL FACILITIES. (a) The
152152 district may develop recreational facilities and issue bonds for
153153 the facilities under Chapter 49, Water Code, notwithstanding any
154154 overlap of the district's territory with the territory of one or
155155 more political subdivisions authorized to develop recreational
156156 facilities and issue bonds under Chapter 49, Water Code.
157157 (b) The authority of the district to develop recreational
158158 facilities and issue bonds under this section does not limit the
159159 authority of any other political subdivision whose territory the
160160 territory of the district may overlap, wholly or partly, to develop
161161 recreational facilities and issue bonds under Chapter 49, Water
162162 Code.
163163 SECTION 2. The Montgomery County Water Control and
164164 Improvement District No. 3 initially includes all the territory
165165 contained in the following area:
166166 TRACT 1:
167167 All that certain 735.094 acre (32,020,707 Square Feet) parcel
168168 of land situated in the Joseph A. Parker Survey, Abstract Number
169169 418, in Montgomery County, Texas, and being out of and a portion of
170170 that certain call 2,086.441 acre tract of land described in a
171171 Warranty Deed to Pacific Indio Properties, Inc., in Clerk's File
172172 Number 2005-116793 of the Official Public Records of Real Property
173173 at Montgomery County, Texas (O.P.R.R.P.M.C.T.), and out of and a
174174 portion of that certain call 877.775 acre tract of land as described
175175 in a Warranty Deed to Pacific Indio Properties, Inc., in Clerk's
176176 File Number 2005-116796 of the O.P.R.R.P.M.C.T., said 735.094 tract
177177 being more particularly described by metes and bounds as follows:
178178 (All bearings are referenced to the Texas State Plane Coordinate
179179 System, South Central Zone)
180180 COMMENCING at a 5/8-inch iron rod with plastic cap stamped
181181 "BENCHMARK ENGR." found in the southerly line of said 877.775 acre
182182 tract for the upper northeast corner of said 2,086.441 acre tract
183183 and the northwest corner of that certain call 435.784 acre tract
184184 described in a Warranty Deed to Pacific Indio Properties, Inc., in
185185 Clerk's File Number 2005-116798 of the O.P.R.R.P.M.C.T.;
186186 THENCE, with the southerly line of said 877.775 acre tract
187187 and the northerly line of said 2,086.441 acre tract, South 56
188188 Degrees 46 Minutes 11 Seconds West, a distance of 5,077.32 feet to
189189 the intersection of the northerly line of said 2,086.441 acre tract
190190 with the northerly line of the of the herein described tract for the
191191 POINT OF BEGINNING;
192192 THENCE, through and across said 2,086.441 acre tract and with
193193 the northerly line of the herein described tract, North 90 Degrees
194194 00 Minutes 00 Seconds East, a distance of 3,323.25 feet to the
195195 intersection of the northerly line of the herein described tract
196196 with the westerly right-of-way of proposed Townsen Road (100 feet
197197 wide) for the upper northeast corner of the herein described tract;
198198 THENCE, continuing through and across said 2,086.441 acre
199199 tract, and with the westerly R.O.W. line of said proposed Townsen
200200 Road, the following three (3) courses:
201201 1) 1,137.04 feet along the arc of a curve to the left having
202202 a radius of 2,050.00 feet, a central angle of 31 Degrees 46 Minutes
203203 45 Seconds, and a chord that bears South 33 Degrees 17 Minutes 04
204204 Seconds East, a distance of 1,122.52 feet;
205205 2) South 49 Degrees 10 Minutes 27 Seconds East, a distance
206206 of 805.47 feet to the beginning of a curve to the right;
207207 3) 781.30 feet along the arc of said curve to the right
208208 having a radius of 2,950.00 feet, a central angle of 15 Degrees 10
209209 Minutes 28 Seconds, and a chord that bears South 41 Degrees 35
210210 Minutes 12 Seconds East, a distance of 779.02 feet to the
211211 intersection of the westerly R.O.W. of said proposed Townsen Road
212212 with a west line of the he City of Houston City Limits, as prepared
213213 by the City of Houston Geographic Information System Office and
214214 made available to the public in Release 12, dated June 2006 for the
215215 lower northeast corner of the herein described tract;
216216 THENCE, continuing through and across said 2,086.441 acre
217217 tract and with said west City of Houston City Limit line, the
218218 following two (2) courses:
219219 1) South 02 Degrees 47 Minutes 24 Seconds East, a distance
220220 of 1,313.89 feet to an angle point;
221221 2) South 02 Degrees 47 Minutes 12 Seconds East, a distance
222222 of 3,425.25 feet to the intersection of the west City of Houston
223223 City Limit Line with the north bank of Spring Creek;
224224 THENCE, with the meanders of the north and east bank of Spring
225225 Creek, the following one hundred eight (108) courses:
226226 1) North 49 Degrees 05 Minutes 53 Seconds West, a distance
227227 of 19.99 feet:
228228 2) North 57 Degrees 20 Minutes 48 Seconds West, a distance
229229 of 135.77 feet;
230230 3) North 62 Degrees 25 Minutes 32 Seconds West, a distance
231231 of 137.51 feet;
232232 4) North 65 Degrees 43 Minutes 11 Seconds West, a distance
233233 of 84.57 feet;
234234 5) North 64 Degrees 48 Minutes 29 Seconds West, a distance
235235 of 137.90 feet;
236236 6) North 58 Degrees 37 Minutes 43 Seconds West, a distance
237237 of 176.05 feet;
238238 7) North 60 Degrees 41 Minutes 48 Seconds West, a distance
239239 of 117.33 feet;
240240 8) North 56 Degrees 46 Minutes 25 Seconds West, a distance
241241 of 77.06 feet;
242242 9) North 55 Degrees 51 Minutes 52 Seconds West, a distance
243243 of 101.56 feet;
244244 10) North 56 Degrees 09 Minutes 58 Seconds West, a distance
245245 of 155.42 feet;
246246 11) North 65 Degrees 48 Minutes 53 Seconds West, a distance
247247 of 74.18 feet;
248248 12) North 58 Degrees 45 Minutes 09 Seconds West, a distance
249249 of 107.02 feet;
250250 13) North 67 Degrees 56 Minutes 47 Seconds West, a distance
251251 of 60.93 feet;
252252 14) North 67 Degrees 02 Minutes 03 Seconds West, a distance
253253 of 71.72 feet;
254254 15) North 72 Degrees 24 Minutes 16 Seconds West, a distance
255255 of 68.26 feet;
256256 16) North 76 Degrees 27 Minutes 38 Seconds West, a distance
257257 of 61.13 feet;
258258 17) North 77 Degrees 37 Minutes 24 Seconds West, a distance
259259 of 58.17 feet;
260260 18) North 81 Degrees 12 Minutes 43 Seconds West, a distance
261261 of 61.49 feet;
262262 19) North 76 Degrees 14 Minutes 05 Seconds West, a distance
263263 of 75.16 feet;
264264 20) North 76 Degrees 21 Minutes 11 Seconds West, a distance
265265 of 49.48 feet;
266266 21) North 69 Degrees 36 Minutes 09 Seconds West, a distance
267267 of 37.50 feet;
268268 22) North 43 Degrees 21 Minutes 14 Seconds West, a distance
269269 of 54.11 feet;
270270 23) North 50 Degrees 23 Minutes 53 Seconds West, a distance
271271 of 33.81 feet;
272272 24) North 51 Degrees 23 Minutes 51 Seconds West, a distance
273273 of 61.36 feet;
274274 25) North 63 Degrees 35 Minutes 38 Seconds West, a distance
275275 of 90.19 feet;
276276 26) North 67 Degrees 47 Minutes 52 Seconds West, a distance
277277 of 100.45 feet;
278278 27) North 68 Degrees 11 Minutes 20 Seconds West, a distance
279279 of 108.69 feet;
280280 28) North 73 Degrees 13 Minutes 32 Seconds West, a distance
281281 of 117.05 feet;
282282 29) North 70 Degrees 00 Minutes 22 Seconds West, a distance
283283 of 151.55 feet;
284284 30) North 78 Degrees 02 Minutes 09 Seconds West, a distance
285285 of 103.31 feet;
286286 31) South 87 Degrees 00 Minutes 49 Seconds West, a distance
287287 of 83.97 feet;
288288 32) North 87 Degrees 56 Minutes 37 Seconds West, a distance
289289 of 88.95 feet;
290290 33) South 81 Degrees 04 Minutes 57 Seconds West, a distance
291291 of 106.98 feet;
292292 34) South 68 Degrees 37 Minutes 37 Seconds West, a distance
293293 of 93.90 feet;
294294 35) South 60 Degrees 46 Minutes 32 Seconds West, a distance
295295 of 87.27 feet;
296296 36) South 56 Degrees 50 Minutes 14 Seconds West, a distance
297297 of 145.92 feet;
298298 37) South 43 Degrees 19 Minutes 52 Seconds West, a distance
299299 of 129.53 feet;
300300 38) South 11 Degrees 41 Minutes 16 Seconds West, a distance
301301 of 63.73 feet;
302302 39) South 14 Degrees 06 Minutes 39 Seconds West, a distance
303303 of 35.47 feet;
304304 40) South 11 Degrees 31 Minutes 36 Seconds West, a distance
305305 of 135.92 feet;
306306 41) South 07 Degrees 33 Minutes 39 Seconds West, a distance
307307 of 173.98 feet;
308308 42) South 16 Degrees 35 Minutes 36 Seconds West, a distance
309309 of 202.30 feet;
310310 43) South 20 Degrees 46 Minutes 19 Seconds West, a distance
311311 of 60.02 feet;
312312 44) South 13 Degrees 41 Minutes 13 Seconds West, a distance
313313 of 69.86 feet;
314314 45) South 11 Degrees 54 Minutes 31 Seconds West, a distance
315315 of 90.00 feet;
316316 46) South 41 Degrees 05 Minutes 52 Seconds West, a distance
317317 of 105.79 feet;
318318 47) South 44 Degrees 29 Minutes 50 Seconds West, a distance
319319 of 144.95 feet;
320320 48) South 70 Degrees 17 Minutes 01 Second West, a distance
321321 of 86.14 feet;
322322 49) South 80 Degrees 22 Minutes 04 Seconds West, a distance
323323 of 72.00 feet;
324324 50) South 83 Degrees 55 Minutes 32 Seconds West, a distance
325325 of 55.78 feet;
326326 51) North 62 Degrees 32 Minutes 12 Seconds West, a distance
327327 of 55.35 feet;
328328 52) North 46 Degrees 07 Minutes 56 Seconds West, a distance
329329 of 50.63 feet;
330330 53) North 60 Degrees 53 Minutes 30 Seconds West, a distance
331331 of 91.05 feet;
332332 54) North 43 Degrees 48 Minutes 09 Seconds West, a distance
333333 of 68.28 feet;
334334 55) North 38 Degrees 31 Minutes 17 Seconds West, a distance
335335 of 94.63 feet;
336336 56) North 36 Degrees 31 Minutes 53 Seconds West, a distance
337337 of 129.74 feet;
338338 57) North 33 Degrees 10 Minutes 58 Seconds West, a distance
339339 of 149.99 feet;
340340 58) North 39 Degrees 11 Minutes 59 Seconds West, a distance
341341 of 148.77 feet;
342342 59) North 46 Degrees 30 Minutes 43 Seconds West, a distance
343343 of 132.39 feet;
344344 60) North 50 Degrees 47 Minutes 36 Seconds West, a distance
345345 of 128.98 feet;
346346 61) North 57 Degrees 41 Minutes 23 Seconds West, a distance
347347 of 116.30 feet;
348348 62) North 59 Degrees 09 Minutes 40 Seconds West, a distance
349349 of 109.25 feet;
350350 63) North 63 Degrees 32 Minutes 05 Seconds West, a distance
351351 of 107.54 feet;
352352 64) North 68 Degrees 17 Minutes 10 Seconds West, a distance
353353 of 93.47 feet;
354354 65) North 47 Degrees 28 Minutes 49 Seconds West, a distance
355355 of 157.27 feet;
356356 66) North 63 Degrees 12 Minutes 00 Seconds West, a distance
357357 of 197.97 feet;
358358 67) South 87 Degrees 59 Minutes 56 Seconds West, a distance
359359 of 253.67 feet;
360360 68) North 88 Degrees 56 Minutes 41 Seconds West, a distance
361361 of 205.97 feet;
362362 69) North 51 Degrees 29 Minutes 07 Seconds West, a distance
363363 of 198.79 feet;
364364 70) North 39 Degrees 26 Minutes 04 Seconds West, a distance
365365 of 161.54 feet;
366366 71) North 29 Degrees 31 Minutes 37 Seconds West, a distance
367367 of 191.59 feet;
368368 72) North 26 Degrees 12 Minutes 58 Seconds West, a distance
369369 of 158.00 feet;
370370 73) North 26 Degrees 53 Minutes 05 Seconds West, a distance
371371 of 130.95 feet;
372372 74) North 15 Degrees 30 Minutes 53 Seconds West, a distance
373373 of 156.75 feet;
374374 75) North 10 Degrees 25 Minutes 12 Seconds West, a distance
375375 of 244.97 feet;
376376 76) North 00 Degrees 33 Minutes 19 Seconds East, a distance
377377 of 352.07 feet;
378378 77) North 02 Degrees 25 Minutes 41 Seconds East, a distance
379379 of 187.85 feet;
380380 78) North 03 Degrees 05 Minutes 08 Seconds East, a distance
381381 of 202.17 feet;
382382 79) North 07 Degrees 15 Minutes 30 Seconds East, a distance
383383 of 183.96 feet;
384384 80) North 09 Degrees 11 Minutes 15 Seconds East, a distance
385385 of 181.92 feet;
386386 81) North 14 Degrees 16 Minutes 58 Seconds East, a distance
387387 of 185.88 feet;
388388 82) North 19 Degrees 53 Minutes 49 Seconds East, a distance
389389 of 146.95 feet;
390390 83) North 07 Degrees 51 Minutes 38 Seconds East, a distance
391391 of 198.72 feet;
392392 84) North 14 Degrees 47 Minutes 18 Seconds East, a distance
393393 of 190.46 feet;
394394 85) North 09 Degrees 25 Minutes 46 Seconds East, a distance
395395 of 201.96 feet;
396396 86) North 23 Degrees 08 Minutes 43 Seconds East, a distance
397397 of 163.58 feet;
398398 87) North 26 Degrees 59 Minutes 51 Seconds East, a distance
399399 of 103.85 feet;
400400 88) North 61 Degrees 15 Minutes 09 Seconds East, a distance
401401 of 197.16 feet;
402402 89) North 52 Degrees 56 Minutes 56 Seconds East, a distance
403403 of 175.88 feet;
404404 90) North 50 Degrees 29 Minutes 41 Seconds East, a distance
405405 of 191.99 feet;
406406 91) North 48 Degrees 50 Minutes 23 Seconds East, a distance
407407 of 166.90 feet;
408408 92) North 23 Degrees 13 Minutes 09 Seconds East, a distance
409409 of 171.31 feet;
410410 93) North 12 Degrees 23 Minutes 15 Seconds East, a distance
411411 of 208.72 feet;
412412 94) North 04 Degrees 25 Minutes 08 Seconds West, a distance
413413 of 182.71 feet;
414414 95) North 12 Degrees 31 Minutes 27 Seconds West, a distance
415415 of 142.73 feet;
416416 96) North 21 Degrees 11 Minutes 58 Seconds West, a distance
417417 of 123.87 feet;
418418 97) North 33 Degrees 29 Minutes 34 Seconds West, a distance
419419 of 103.15 feet;
420420 98) North 59 Degrees 45 Minutes 36 Seconds West, a distance
421421 of 174.32 feet;
422422 99) North 46 Degrees 47 Minutes 40 Seconds West, a distance
423423 of 143.33 feet;
424424 100) North 45 Degrees 52 Minutes 37 Seconds West, a distance
425425 of 209.78 feet;
426426 101) North 50 Degrees 35 Minutes 13 Seconds West, a distance
427427 of 160.08 feet;
428428 102) North 50 Degrees 56 Minutes 49 Seconds West, a distance
429429 of 194.50 feet;
430430 103) North 51 Degrees 36 Minutes 47 Seconds West, a distance
431431 of 190.95 feet;
432432 104) North 42 Degrees 40 Minutes 45 Seconds West, at 82.74
433433 feet pass the northwest corner of said 2,086.441 acre tract and the
434434 southwest corner of said 877.775 acre tract, and continue, a
435435 distance of 170.71 feet;
436436 105) North 34 Degrees 11 Minutes 22 Seconds West, a distance
437437 of 120.56 feet;
438438 106) North 24 Degrees 33 Minutes 24 Seconds West, a distance
439439 of 115.82 feet;
440440 107) North 14 Degrees 29 Minutes 23 Seconds West, a distance
441441 of 106.78 feet;
442442 108) North 07 Degrees 36 Minutes 39 Seconds West, a distance
443443 of 76.06 feet to northeast corner of the herein described tract;
444444 THENCE, through and across said 877.775 acre tract and with
445445 the northerly line of the herein described tract, North 90 Degrees
446446 00 Minutes 00 Seconds East, a distance of 896.92 to the POINT OF
447447 BEGINNING and containing 735.094 acres (32,020,707 square feet) of
448448 land.
449449 TRACT 2
450450 All that certain 676.356 acre (29,462,071 Square Feet) parcel
451451 of land situated in the Joseph A. Parker Survey, Abstract Number
452452 418, in Montgomery County, Texas, and being out of and a portion of
453453 that certain call 2,086.441 acre tract of land described in a
454454 Warranty Deed to Pacific Indio Properties, Inc., in Clerk's File
455455 Number 2005-116793 of the Official Public Records of Real Property
456456 at Montgomery County Texas (O.P.R.R.P.M.C.T.), out of and a portion
457457 of that certain call 877.775 acre tract of land as described in a
458458 Warranty Deed to Pacific Indio Properties, Inc., in Clerk's File
459459 Number 2005-116796 of the O.P.R.R.P.M.C.T., and out of and a
460460 portion of that certain 435.784 acre tract of land described in a
461461 Warranty Deed to Pacific Indio Properties, Inc., in Clerk's File
462462 Number 2005-116798 of the O.P.R.R.P.M.C.T., said 676.356 tract
463463 being more particularly described by metes and bounds as follows:
464464 (All bearings are referenced to the Texas State Plane Coordinate
465465 System, South Central Zone)
466466 COMMENCING at a 5/8-inch iron rod with plastic cap stamped
467467 "BENCHMARK ENGR." found in the southerly line of said 877.775 acre
468468 tract for the upper northeast corner of said 2,086.441 acre tract
469469 and the northwest corner of said 435.784 acre tract;
470470 THENCE, with the southerly line of said 877.775 acre tract
471471 and the northerly line of said 435.784 acre tract, North 56 Degrees
472472 46 Minutes 11 Seconds East, a distance of 216.03 feet to the
473473 intersection of the northerly line of said 435.784 acre tract with
474474 the southeasterly line of a proposed 100 foot wide right-of-way
475475 (R.O.W.) for the POINT OF BEGINNING of the herein described tract;
476476 THENCE, with the southeasterly line of said proposed 100 foot
477477 wide R.O.W., the following three (3) courses:
478478 4) South 49 Degrees 02 Minutes 17 Seconds East, a distance
479479 of 2,530.65 feet to the beginning of a curve to the left;
480480 5) 2,871.92 feet along the arc of said curve to the left
481481 having a radius of 3,050.00 feet, a central angle of 53 Degrees 57
482482 Minutes 02 Seconds, and a chord that bears South 76 Degrees 00
483483 Minutes 47 Seconds East, a distance of 2,766.99 feet;
484484 6) North 77 Degrees 00 Minutes 42 Seconds East, a distance
485485 of 2,590.10 feet to the intersection of the southeasterly R.O.W.
486486 line of said proposed 100 foot wide R.O.W. with the west bank of the
487487 West Fork of the San Jacinto River for the northeast corner of the
488488 herein described tract;
489489 THENCE, southerly, with the meanders of the west bank of the
490490 west Fork of the San Jacinto River, the following thirty five (35)
491491 courses:
492492 1) South 20 Degrees 54 Minutes 34 Seconds East, a distance
493493 of 90.07 feet;
494494 2) South 15 Degrees 10 Minutes 46 Seconds East, a distance
495495 of 94.85 feet;
496496 3) South 05 Degrees 11 Minutes 27 Seconds East, a distance
497497 of 138.40 feet;
498498 4) South 13 Degrees 20 Minutes 15 Seconds East, a distance
499499 of 106.90 feet;
500500 5) South 17 Degrees 02 Minutes 24 Seconds East, a distance
501501 of 184.74 feet;
502502 6) South 18 Degrees 31 Minutes 37 Seconds East, a distance
503503 of 72.83 feet;
504504 7) South 21 Degrees 18 Minutes 30 Seconds East, a distance
505505 of 96.94 feet;
506506 8) South 20 Degrees 27 Minutes 25 Seconds East, a distance
507507 of 135.53 feet;
508508 9) South 23 Degrees 48 Minutes 02 Seconds East, a distance
509509 of 89.22 feet;
510510 10) South 31 Degrees 48 Minutes 44 Seconds East, a distance
511511 of 155.41 feet;
512512 11) South 51 Degrees 54 Minutes 43 Seconds East, a distance
513513 of 87.30 feet;
514514 12) South 49 Degrees 45 Minutes 54 Seconds East, a distance
515515 of 86.80 feet;
516516 13) South 54 Degrees 16 Minutes 12 Seconds East, a distance
517517 of 124.37 feet;
518518 14) South 70 Degrees 16 Minutes 35 Seconds East, a distance
519519 of 118.51 feet;
520520 15) South 75 Degrees 03 Minutes 39 Seconds East, a distance
521521 of 159.40 feet;
522522 16) South 65 Degrees 46 Minutes 25 Seconds East, a distance
523523 of 191.57 feet;
524524 17) South 49 Degrees 33 Minutes 59 Seconds East, a distance
525525 of 76.96 feet;
526526 18) South 46 Degrees 37 Minutes 26 Seconds East, a distance
527527 of 78.69 feet;
528528 19) South 41 Degrees 30 Minutes 29 Seconds East, a distance
529529 of 87.46 feet;
530530 20) South 38 Degrees 14 Minutes 33 Seconds East, a distance
531531 of 117.42 feet;
532532 21) South 28 Degrees 14 Minutes 23 Seconds East, a distance
533533 of 68.75 feet;
534534 22) South 25 Degrees 30 Minutes 55 Seconds East, a distance
535535 of 78.09 feet;
536536 23) South 17 Degrees 53 Minutes 26 Seconds East, a distance
537537 of 73.60 feet;
538538 24) South 02 Degrees 04 Minutes 27 Seconds East, a distance
539539 of 65.61 feet;
540540 25) South 16 Degrees 40 Minutes 41 Seconds West, a distance
541541 of 54.58 feet;
542542 26) South 24 Degrees 40 Minutes 20 Seconds West, a distance
543543 of 175.36 feet;
544544 27) South 34 Degrees 59 Minutes 05 Seconds West, a distance
545545 of 91.48 feet;
546546 28) South 41 Degrees 19 Minutes 30 Seconds West, a distance
547547 of 97.55 feet;
548548 29) South 34 Degrees 13 Minutes 57 Seconds West, a distance
549549 of 80.78 feet;
550550 30) South 40 Degrees 11 Minutes 16 Seconds West, a distance
551551 of 126.37 feet;
552552 31) South 40 Degrees 02 Minutes 09 Seconds West, a distance
553553 of 106.90 feet;
554554 32) South 38 Degrees 22 Minutes 31 Seconds West, a distance
555555 of 124.90 feet;
556556 33) South 44 Degrees 29 Minutes 56 Seconds West, a distance
557557 of 171.72 feet;
558558 34) South 38 Degrees 00 Minutes 29 Seconds West, a distance
559559 of 230.93 feet;
560560 35) South 24 Degrees 34 Minutes 53 Seconds West, a distance
561561 of 5.05 feet to the intersection of the west bank of the west fork of
562562 the San Jacinto River with a northerly line of the City of Houston
563563 City Limits, as prepared by the City of Houston Geographic
564564 Information System Office and made available to the public in
565565 Release 12, dated June 2006;
566566 THENCE, departing the meanders of the west bank of the west
567567 Fork of the San Jacinto River, through and across said 2,086.441
568568 acre tract, and with said northerly City of Houston City Limit Line,
569569 the following three (3) courses:
570570 3) South 88 Degrees 08 Minutes 36 Seconds West, a distance
571571 of 1,430.41 feet to an angle point;
572572 4) South 87 Degrees 57 Minutes 42 Seconds West, a distance
573573 of 6.34 feet to an angle point;
574574 5) South 88 Degrees 42 Minutes 54 Seconds West, a distance
575575 of 5,604.84 feet to the intersection of said City of Houston City
576576 Limit Line with the easterly R.O.W. line of proposed Townsen Road
577577 (100 foot wide) for the southwest corner of the herein described
578578 tract;
579579 THENCE, continuing through and across said 2,086.441 acre
580580 tract and said 877.775 acre tract, respectively, and with the with
581581 the easterly R.O.W. line of said proposed Townsen Road, the
582582 following eight (8) courses;
583583 1) 810.33 feet along the arc of a curve to the left having a
584584 radius of 3,050.00 feet, a central angle of 15 Degrees 13 Minutes 21
585585 Seconds, and a chord that bears North 41 Degrees 33 Minutes 46
586586 Seconds West, a distance of 807.95 feet;
587587 2) North 49 Degrees 10 Minutes 27 Seconds West, a distance
588588 of 805.47 feet to the beginning of a curve to the right;
589589 3) 1,543.71 feet along the arc of said curve to the right
590590 having a radius of 1,950.00 feet, a central angle of 45 Degrees 21
591591 Minutes 29 Seconds, and a chord that bears North 26 Degrees 29
592592 Minutes 42 Seconds West, a distance of 1,503.72 feet;
593593 4) North 03 Degrees 48 Minutes 58 Seconds West, a distance
594594 of 458.87 feet to the beginning of a curve to the left;
595595 5) 1,157.93 feet along the arc of said curve to the left
596596 having a radius of 2,050.00 feet, a central angle of 32 Degrees 21
597597 Minutes 47 Seconds, and a chord that bears North 19 Degrees 59
598598 Minutes 51 Seconds West, a distance of 1,142.60 feet;
599599 6) North 36 Degrees 10 Minutes 45 Seconds West, a distance
600600 of 425.92 feet to the beginning of a curve to the right;
601601 7) 1,254.73 feet along the arc of said curve to the right
602602 having a radius of 1,950.00 feet, a central angle of 36 Degrees 52
603603 Minutes 01 Second, and a chord that bears North 17 Degrees 44
604604 Minutes 44 Seconds West, a distance of 1,233.19 feet;
605605 8) North 00 Degrees 41 Minutes 16 Seconds East, a distance
606606 of 200.00 feet to the intersection of easterly R.O.W. line of said
607607 proposed Townsen Road with the southerly R.O.W. line of a said
608608 proposed 100 foot wide R.O.W. for the north corner of the herein
609609 described tract;
610610 THENCE, with the southerly and southeasterly R.O.W. line of
611611 said proposed 100 foot wide R.O.W, the following three (3) courses:
612612 1) South 89 Degrees 18 Minutes 44 Seconds East, a distance
613613 of 116.49 feet to the beginning of a curve to the right;
614614 2) 2,073.61 feet along the arc of said curve to the right
615615 having a radius of 2,950.00 feet, a central angle of 40 Degrees 16
616616 Minutes 27 Seconds, and a chord that bears South 69 Degrees 10
617617 Minutes 30 Seconds East, a distance of 2,031.18 feet;
618618 3) South 49 Degrees 02 Minutes 17 Seconds East, a distance
619619 of 165.70 feet to the POINT OF BEGINNING and containing 676.356
620620 acres (29,462,071 square feet) of land.
621621 SECTION 3. (a) The legal notice of the intention to
622622 introduce this Act, setting forth the general substance of this
623623 Act, has been published as provided by law, and the notice and a
624624 copy of this Act have been furnished to all persons, agencies,
625625 officials, or entities to which they are required to be furnished
626626 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
627627 Government Code.
628628 (b) The governor, one of the required recipients, has
629629 submitted the notice and Act to the Texas Commission on
630630 Environmental Quality.
631631 (c) The Texas Commission on Environmental Quality has filed
632632 its recommendations relating to this Act with the governor, the
633633 lieutenant governor, and the speaker of the house of
634634 representatives within the required time.
635635 (d) All requirements of the constitution and laws of this
636636 state and the rules and procedures of the legislature with respect
637637 to the notice, introduction, and passage of this Act are fulfilled
638638 and accomplished.
639639 SECTION 4. This Act takes effect immediately if it receives
640640 a vote of two-thirds of all the members elected to each house, as
641641 provided by Section 39, Article III, Texas Constitution. If this
642642 Act does not receive the vote necessary for immediate effect, this
643643 Act takes effect September 1, 2009.