Texas 2009 - 81st Regular

Texas House Bill HB4795 Compare Versions

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1	1	H.B. No. 4795
2	2
3	3
4	4	AN ACT
5	5	relating to territory included in, and the validation of acts of,
6	6	the Harris County Improvement District No. 10 and the Harris County
7	7	Improvement District No. 10B; changing the name of the Harris
8	8	County Improvement District No. 10B.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. (a) The legislature validates and confirms all
11	11	governmental acts and proceedings of the Harris County Improvement
12	12	District No. 10 and the Harris County Improvement District No. 10B
13	13	that were taken before the effective date of this Act in relation to
14	14	the creation of the Harris County Improvement District No. 10B from
15	15	land inside the Harris County Improvement District No. 10. The acts
16	16	and proceedings may not be held invalid because they were not in
17	17	accordance with Chapter 3860, Special District Local Laws Code, or
18	18	other law.
19	19	(b) This section does not apply to any matter that on the
20	20	effective date of this Act:
21	21	(1) is involved in litigation if the litigation
22	22	ultimately results in the matter being held invalid by a final court
23	23	judgment; or
24	24	(2) has been held invalid by a final court judgment.
25	25	SECTION 2. (a) The name of the Harris County Improvement
26	26	District No. 10B is changed to Five Corners Improvement District.
27	27	(b) A reference in law to the Harris County Improvement
28	28	District No. 10B means the Five Corners Improvement District.
29	29	SECTION 3. The boundaries of the Five Corners Improvement
30	30	District include the land described below, in addition to the
31	31	original boundaries of the district:
32	32	BEING an area of approximately 10,747 acres, situated in the
33	33	City of Houston, Harris County, with said area being more
34	34	particularly described as follows:
35	35	The POINT OF BEGINNING being at the northwest corner of the
36	36	intersection of the right of way of West Orem Drive and the west
37	37	right-of-way of Almeda Road;
38	38	THENCE south southwest along the west right-of-way of Almeda
39	39	Road to the southwest corner of intersection with West Fuqua
40	40	Street/ Almeda-Genoa Road right-of-way;
41	41	THENCE east along the south right-of-way of Almeda-Genoa Road
42	42	to the southwest corner of intersection with west right-of-way
43	43	State Highway 288;
44	44	THENCE south along the west right-of-way of State Highway 288
45	45	to the southwest corner of intersection with south right-of-way of
46	46	Fellows Road;
47	47	THENCE west along the south right-of-way of Fellows Road to
48	48	the east right-of-way of Almeda Road;
49	49	THENCE north northeast along the east right-of-way of Almeda
50	50	Road to the southeast corner of intersection with south
51	51	right-of-way of East Anderson Road;
52	52	THENCE west approximately 1.48 miles along the south
53	53	right-of-way of East Anderson / Anderson Road to the northeast
54	54	corner of 57.4 acre parcel (RES A BLK 1, HOME PARK, WOODLAND ESTATES
55	55	MANUFACTURED);
56	56	THENCE south along the east boundaries of 57.4 acre parcel
57	57	(RES A BLK 1, HOME PARK, WOODLAND ESTATES MANUFACTURED) and 46.92
58	58	acre parcel (TR 1, ABST 1009 TTRR CP SEC 13), to the south
59	59	right-of-way of South Sam Houston Toll Road;
60	60	THENCE west and northwest along the south right-of-way of
61	61	South Sam Houston Toll Road to the northwest corner of intersection
62	62	with north right-of-way of US Highway 90 / 90A / Main Street;
63	63	THENCE east northeast along the north right-of-way of US
64	64	Highway 90 / 90A / Main Street to the northeast corner of
65	65	intersection with north right-of-way of South Holmes Road;
66	66	THENCE east northeast approximately 1.16 miles along the
67	67	north right-of-way of South Holmes Road to point north of north east
68	68	corner of 8.44 acre parcel (TR 3G, ABST 179 BBB&C RR CO);
69	69	THENCE south across the right-of-way of South Holmes Road
70	70	along the shared boundary of 8.44 acre parcel (TR 3G, ABST 179 BBB&C
71	71	RR CO) and HCFCD open drainage ditch C161-00-00 (drains to Sims
72	72	Bayou) downstream to the confluence with HCFCD open drainage ditch
73	73	C161-01-00;
74	74	THENCE west along the south bank of HCFCD open drainage ditch
75	75	C161-01-00 to the northwest corner of GLEN IRIS SEC 5 AMENDED;
76	76	THENCE south along the west boundary of GLEN IRIS SEC 5
77	77	AMENDED, GLEN IRIS SEC 4, GLEN IRIS SEC 3, GLEN IRIS SEC 2 and GLEN
78	78	IRIS SEC 1 to the north right-of-way of West Orem Drive;
79	79	THENCE east along the north right-of-way of West Orem Drive
80	80	to the POINT OF BEGINNING SAVE AND EXCEPT all that certain 117.3
81	81	acres of land, out of the 125.1153 acre tract described in the deed
82	82	from Jack A. Conner, Trustee to Houston Palace Events, Inc.
83	83	recorded under File No. U091125, in the Official Public Records of
84	84	Real Property of Harris County, Texas, in the C.M. Roberts Survey,
85	85	A-661, Harris County, Texas, and more particularly described by
86	86	metes and bounds as follows: (All bearings based on the Texas State
87	87	Plane Coordinate System, South Central Zone)
88	88	BEGINNING at a 1/2" iron rod found for the southeast corner of
89	89	the 1.000 acre tract described in the deed from Nausheen Corp. to
90	90	Mir Brothers, Inc. recorded under File No. T868456, in the Official
91	91	Public Records of Real Property of Harris County, Texas, common to
92	92	the most easterly northeast corner of said 125.1153 acre tract, in
93	93	the west right-of-way line of Almeda Road (R.O.W. varies);
94	94	THENCE South 17 22' 31" West -2031.02', along said west
95	95	right-of-way line to a 3" iron pipe found for an angle corner of
96	96	said 125.1153 acre tract, common to an angle corner of the herein
97	97	described tract;
98	98	THENCE South 19 06' 59" West-724.97', continuing along said
99	99	west right-of-way line to a 3/4" iron rod set for the most easterly
100	100	southeast corner of the herein described tract, from which a found
101	101	HCFCD aluminum cap bears South 61 05' 37" East - 0.73';
102	102	THENCE North 72 40' 04" West - 25.85', along a north line of
103	103	the 8.5571 acre tract described as Parcel 18-060.1 in the Award of
104	104	the Special Commissioners from Houston Palace Events, Inc., et al
105	105	to Harris County Flood Control District recorded under File No.
106	106	W697743, in the Official Public Records of Real Property of Harris
107	107	County, Texas, to a HCFCD aluminum cap found for an angle corner of
108	108	said 8.5571 acre tract, common to an angle corner of the herein
109	109	described tract;
110	110	THENCE South 17 22' 39" West - 78.35', along a west line of
111	111	said 8.5571 acre tract, to a 5/8" iron rod found for an angle corner
112	112	of said 8.5571 acre tract, common to a point on a curve to the left,
113	113	having a central angle of 08 41' 33", a radius of 4334.27', and from
114	114	which point the center of the circle of said curve bears South 17
115	115	08' 15" West;
116	116	THENCE along said curve to the left, along a north line of
117	117	said 8.5571 acre tract, in a westerly direction, an arc distance of
118	118	657.57' to a 5/8" iron rod found for the end of curve;
119	119	THENCE North 81 33' 18" West - 600.18', continuing along a
120	120	north line of said 8.5571 acre tract to a 5/8" iron rod found for an
121	121	angle corner of said 8.5571 acre tract, common to the most southerly
122	122	southwest corner of the herein described tract;
123	123	THENCE North 02 01' 19" West - 172.68', along an east line of
124	124	said 8.5571 acre tract to a 5/8" iron rod found for an angle corner
125	125	of said 8.5571 acre tract, common to an angle corner of the herein
126	126	described tract;
127	127	THENCE South 87 52' 34" West - 15.00', along a north line of
128	128	said 8.5571 acre tract to a 3/4" iron rod set for the most westerly
129	129	southwest corner of the herein described tract, in the east line of
130	130	the 120' wide Harris County Flood Control District fee strip as
131	131	described in the deed recorded under File No. C102905, in the
132	132	Official Public Records of Real Property of Harris County, Texas,
133	133	common to the west line of aforesaid 125.1153 acre tract, from which
134	134	a 5/8" iron rod found for an angle corner of said 8.5571 acre tract
135	135	bears South 02 01' 19" East -273.28';
136	136	THENCE North 02 01' 19" West - 2528.98', along the west line
137	137	of said 125.1153 acre tract, common to the east line of said 120'
138	138	wide Harris County Flood Control District fee strip, to a 3/4" iron
139	139	rod set for the northwest corner of the herein described tract, in
140	140	the south right-of-way line of West Orem Drive (R.O.W. varies);
141	141	THENCE North 87 09' 51" East - 1214.82', along said south
142	142	right-of-way line to a 3/4" iron rod set for the Point of Curvature
143	143	of a curve to the right, having a central angle of 15 24' 44", and a
144	144	radius of 1970.00';
145	145	THENCE along said curve to the right, continuing along said
146	146	south right-of-way line, in an easterly direction, an arc distance
147	147	of 529.92' to the Point of Reverse Curvature of a curve to the left,
148	148	having a central angle of 09 48' 11", and a radius of 2050.00';
149	149	THENCE along said curve to the left, continuing along said
150	150	south right-of-way line, in an easterly direction, an arc distance
151	151	of 350.74' to the most northerly northeast corner of the herein
152	152	described tract in the west line of the aforesaid 1.000 acre tract,
153	153	from which a found 5/8" iron rod bears North 17 22' 12" East -
154	154	1.16';
155	155	THENCE South 17 22' 12" West - 211.98', along the west line of
156	156	said 1.000 acre tract, to a 1/2" iron rod found for the southwest
157	157	corner of said 1.000 acre tract, common to an angle corner of the
158	158	herein described tract;
159	159	THENCE South 87 38' 52" East - 213.18', along the south line
160	160	of said 1.000 acre tract to the POINT OF BEGINNING of the herein
161	161	described tract and containing 117.3 acres of land.
162	162	SECTION 4. The following tracts of land are removed from the
163	163	boundaries of the district:
164	164	Part 1: Any land within the boundaries of Harris County
165	165	Municipal Utility District No. 390, Harris County Municipal Utility
166	166	District No. 393, and Harris County Municipal Utility District No.
167	167	404 as of the effective date of this Act.
168	168	Part 2: Being a tract of land containing 13.989 acres,
169	169	located within the J. Hamilton Survey, Abstract 877, in Harris
170	170	County, Texas; Said 13.989 acres being out of a call 41.984 acre
171	171	tract of land recorded in the name of NE 40 Partners, L.P., in
172	172	Harris County Clerk's File (H.C.C.F.) Number W817136 and out of
173	173	Restricted Reserve "E" of Airport Boulevard Estates Sec. 1, a
174	174	subdivision recorded in Film Code Number 557118 of the Harris
175	175	County Map Records (H.C.M.R.); Said 13.989 acres being more
176	176	particularly described by metes and bounds as follows (bearings and
177	177	coordinates are based on Texas South Central Zone Number 4204,
178	178	State Plane grid coordinates (NAD 83), to convert coordinates to
179	179	surface, divide by a combined scale factor of 0.999879):
180	180	COMMENCING (grid coordinate X: 3112338.50, Y: 13798930.50)
181	181	at a one inch iron pipe found at the northeast corner of said 41.984
182	182	acre tract on the south right-of-way (R.O.W.) line of Airport
183	183	Boulevard (width varies per H.C.C.F. Number V726469);
184	184	Thence, with said south R.O.W line and the north of said
185	185	41.984 acre tract, South 87 degrees 13 minutes 09 seconds West, a
186	186	distance of 789.96 feet to a 5/8 inch capped iron rod found at the
187	187	POINT OF BEGINNING (grid coordinate X: 3111933.80, Y: 13798910.84)
188	188	of the herein described tract;
189	189	Thence, through and across said 41.984 acre tract, the
190	190	following three (3) courses:
191	191	1. South 02 degrees 30 minutes 29 seconds East, a distance
192	192	of 439.66 feet to a 5/8 inch capped iron rod found;
193	193	2. South 47 degrees 30 minutes 29 seconds East, a distance
194	194	of 160.79 feet to a 5/8 inch capped iron rod found;
195	195	3. South 42 degrees 29 minutes 31 seconds West, a distance
196	196	of 659.23 feet to a 5/8 inch capped iron rod found on the
197	197	southwesterly line of said 41.984 acre tract;
198	198	Thence, with the southwesterly line of said 41.984 acre
199	199	tract, 413.70 feet along the arc of a curve to the left, having a
200	200	central angle of 14 degrees 29 minutes 51 seconds, a radius of
201	201	1,635.00 feet and a chord that bears North 60 degrees 41 minutes 00
202	202	seconds West, a distance of 412.60 feet to a 5/8 inch capped iron
203	203	rod found at a point of tangency;
204	204	Thence, continuing with the southwesterly line of said 41.984
205	205	acre tract, North 67 degrees 55 minutes 49 seconds West, at 44.38
206	206	feet pass a 5/8 inch capped iron rod found at the southwest corner
207	207	of said 41.984 acre tract on the easterly line of said Restricted
208	208	Reserve "E" of Airport Boulevard Estates Sec. 1 and continuing
209	209	through and across said Restricted Reserve "E" an overall distance
210	210	of 54.39 feet to a 3/4 inch iron rod set on the west line of said
211	211	Restricted Reserve "E" and the east R.O.W. line of Oakmoor Parkway
212	212	(width varies per F.C. Number 557118 of the H.C.M.R.);
213	213	Thence, with the west line of said Restricted Reserve "E" and
214	214	said east R.O.W. line, the following four (4) courses:
215	215	1. North 19 degrees 46 minutes 29 seconds East, a distance
216	216	of 25.60 feet to a 3/4 inch iron set at the beginning of a curve to
217	217	the left;
218	218	2. 256.02 feet along the arc of said curve to the left,
219	219	having a central angle of 18 degrees 48 minutes 23 seconds, a radius
220	220	of 780.00 feet and a chord that bears North 10 degrees 22 minutes 17
221	221	seconds East, a distance of 254.87 feet to a 3/4 inch iron rod set at
222	222	a point of tangency;
223	223	3. North 00 degrees 58 minutes 06 seconds East, a distance
224	224	of 252.18 feet to a 3/4 inch iron rod set at an angle point;
225	225	4. North 00 degrees 31 minutes 17 seconds West, a distance
226	226	of 203.91 feet to a 3/4 inch iron rod set at an angle point;
227	227	Thence, continuing with said east R.O.W. line and the most
228	228	northerly line of said Restricted Reserve "E", North 44 degrees 36
229	229	minutes 48 seconds East, at 14.11 feet pass the most northerly
230	230	corner of said Restricted Reserve "E" and continuing an overall
231	231	distance of 47.72 feet to a 3/4 inch iron rod found on the south
232	232	R.O.W. line of said Airport Boulevard, from which a 5/8 inch capped
233	233	iron rod found bears South 44 degrees 36 minutes 48 seconds West, a
234	234	distance of 1.83 feet;
235	235	Thence, with said south R.O.W. line, 251.52 feet along the
236	236	arc of a curve to the right, having a central angle of 07 degrees 23
237	237	minutes 25 seconds, a radius of 1,950.00 feet and a chord that bears
238	238	North 83 degrees 31 minutes 27 seconds East, a distance of 251.34
239	239	feet to a 3/4 inch capped iron rod set at a point of tangency in said
240	240	south R.O.W. line on the north line of said 41.984 acre tract, from
241	241	which a 5/8 inch iron rod found bears North 87 degrees 13 minutes 09
242	242	seconds East, a distance of 1.00 feet;
243	243	Thence, with said south R.O.W. line and the north line of said
244	244	41.984 acre tract, North 87 degrees 13 minutes 09 seconds East, a
245	245	distance of 377.90 feet to the POINT OF BEGINNING and containing
246	246	13.989 acres of land.
247	247	SECTION 5. The legislature finds that:
248	248	(1) proper and legal notice of the intention to
249	249	introduce this Act, setting forth the general substance of this
250	250	Act, has been published as provided by law, and the notice and a
251	251	copy of this Act have been furnished to all persons, agencies,
252	252	officials, or entities to which they are required to be furnished by
253	253	the constitution and laws of this state, including the governor,
254	254	who has submitted the notice and Act to the Texas Commission on
255	255	Environmental Quality;
256	256	(2) the Texas Commission on Environmental Quality has
257	257	filed its recommendations relating to this Act with the governor,
258	258	lieutenant governor, and speaker of the house of representatives
259	259	within the required time;
260	260	(3) the general law relating to consent by political
261	261	subdivisions to the creation of districts with conservation,
262	262	reclamation, and road powers and the inclusion of land in those
263	263	districts has been complied with; and
264	264	(4) all requirements of the constitution and laws of
265	265	this state and the rules and procedures of the legislature with
266	266	respect to the notice, introduction, and passage of this Act have
267	267	been fulfilled and accomplished.
268	268	SECTION 6. This Act takes effect immediately if it receives
269	269	a vote of two-thirds of all the members elected to each house, as
270	270	provided by Section 39, Article III, Texas Constitution. If this
271	271	Act does not receive the vote necessary for immediate effect, this
272	272	Act takes effect September 1, 2009.
273	273	______________________________ ______________________________
274	274	President of the Senate Speaker of the House
275	275	I certify that H.B. No. 4795 was passed by the House on May
276	276	12, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not
277	277	voting.
278	278	______________________________
279	279	Chief Clerk of the House
280	280	I certify that H.B. No. 4795 was passed by the Senate on May
281	281	26, 2009, by the following vote: Yeas 31, Nays 0.
282	282	______________________________
283	283	Secretary of the Senate
284	284	APPROVED: _____________________
285	285	Date
286	286	_____________________
287	287	Governor