H.B. No. 4795
AN ACT
relating to territory included in, and the validation of acts of,
the Harris County Improvement District No. 10 and the Harris County
Improvement District No. 10B; changing the name of the Harris
County Improvement District No. 10B.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) The legislature validates and confirms all
governmental acts and proceedings of the Harris County Improvement
District No. 10 and the Harris County Improvement District No. 10B
that were taken before the effective date of this Act in relation to
the creation of the Harris County Improvement District No. 10B from
land inside the Harris County Improvement District No. 10. The acts
and proceedings may not be held invalid because they were not in
accordance with Chapter 3860, Special District Local Laws Code, or
other law.
(b) This section does not apply to any matter that on the
effective date of this Act:
(1) is involved in litigation if the litigation
ultimately results in the matter being held invalid by a final court
judgment; or
(2) has been held invalid by a final court judgment.
SECTION 2. (a) The name of the Harris County Improvement
District No. 10B is changed to Five Corners Improvement District.
(b) A reference in law to the Harris County Improvement
District No. 10B means the Five Corners Improvement District.
SECTION 3. The boundaries of the Five Corners Improvement
District include the land described below, in addition to the
original boundaries of the district:
BEING an area of approximately 10,747 acres, situated in the
City of Houston, Harris County, with said area being more
particularly described as follows:
The POINT OF BEGINNING being at the northwest corner of the
intersection of the right of way of West Orem Drive and the west
right-of-way of Almeda Road;
THENCE south southwest along the west right-of-way of Almeda
Road to the southwest corner of intersection with West Fuqua
Street/ Almeda-Genoa Road right-of-way;
THENCE east along the south right-of-way of Almeda-Genoa Road
to the southwest corner of intersection with west right-of-way
State Highway 288;
THENCE south along the west right-of-way of State Highway 288
to the southwest corner of intersection with south right-of-way of
Fellows Road;
THENCE west along the south right-of-way of Fellows Road to
the east right-of-way of Almeda Road;
THENCE north northeast along the east right-of-way of Almeda
Road to the southeast corner of intersection with south
right-of-way of East Anderson Road;
THENCE west approximately 1.48 miles along the south
right-of-way of East Anderson / Anderson Road to the northeast
corner of 57.4 acre parcel (RES A BLK 1, HOME PARK, WOODLAND ESTATES
MANUFACTURED);
THENCE south along the east boundaries of 57.4 acre parcel
(RES A BLK 1, HOME PARK, WOODLAND ESTATES MANUFACTURED) and 46.92
acre parcel (TR 1, ABST 1009 TTRR CP SEC 13), to the south
right-of-way of South Sam Houston Toll Road;
THENCE west and northwest along the south right-of-way of
South Sam Houston Toll Road to the northwest corner of intersection
with north right-of-way of US Highway 90 / 90A / Main Street;
THENCE east northeast along the north right-of-way of US
Highway 90 / 90A / Main Street to the northeast corner of
intersection with north right-of-way of South Holmes Road;
THENCE east northeast approximately 1.16 miles along the
north right-of-way of South Holmes Road to point north of north east
corner of 8.44 acre parcel (TR 3G, ABST 179 BBB&C RR CO);
THENCE south across the right-of-way of South Holmes Road
along the shared boundary of 8.44 acre parcel (TR 3G, ABST 179 BBB&C
RR CO) and HCFCD open drainage ditch C161-00-00 (drains to Sims
Bayou) downstream to the confluence with HCFCD open drainage ditch
C161-01-00;
THENCE west along the south bank of HCFCD open drainage ditch
C161-01-00 to the northwest corner of GLEN IRIS SEC 5 AMENDED;
THENCE south along the west boundary of GLEN IRIS SEC 5
AMENDED, GLEN IRIS SEC 4, GLEN IRIS SEC 3, GLEN IRIS SEC 2 and GLEN
IRIS SEC 1 to the north right-of-way of West Orem Drive;
THENCE east along the north right-of-way of West Orem Drive
to the POINT OF BEGINNING SAVE AND EXCEPT all that certain 117.3
acres of land, out of the 125.1153 acre tract described in the deed
from Jack A. Conner, Trustee to Houston Palace Events, Inc.
recorded under File No. U091125, in the Official Public Records of
Real Property of Harris County, Texas, in the C.M. Roberts Survey,
A-661, Harris County, Texas, and more particularly described by
metes and bounds as follows: (All bearings based on the Texas State
Plane Coordinate System, South Central Zone)
BEGINNING at a 1/2" iron rod found for the southeast corner of
the 1.000 acre tract described in the deed from Nausheen Corp. to
Mir Brothers, Inc. recorded under File No. T868456, in the Official
Public Records of Real Property of Harris County, Texas, common to
the most easterly northeast corner of said 125.1153 acre tract, in
the west right-of-way line of Almeda Road (R.O.W. varies);
THENCE South 17 22' 31" West -2031.02', along said west
right-of-way line to a 3" iron pipe found for an angle corner of
said 125.1153 acre tract, common to an angle corner of the herein
described tract;
THENCE South 19 06' 59" West-724.97', continuing along said
west right-of-way line to a 3/4" iron rod set for the most easterly
southeast corner of the herein described tract, from which a found
HCFCD aluminum cap bears South 61 05' 37" East - 0.73';
THENCE North 72 40' 04" West - 25.85', along a north line of
the 8.5571 acre tract described as Parcel 18-060.1 in the Award of
the Special Commissioners from Houston Palace Events, Inc., et al
to Harris County Flood Control District recorded under File No.
W697743, in the Official Public Records of Real Property of Harris
County, Texas, to a HCFCD aluminum cap found for an angle corner of
said 8.5571 acre tract, common to an angle corner of the herein
described tract;
THENCE South 17 22' 39" West - 78.35', along a west line of
said 8.5571 acre tract, to a 5/8" iron rod found for an angle corner
of said 8.5571 acre tract, common to a point on a curve to the left,
having a central angle of 08 41' 33", a radius of 4334.27', and from
which point the center of the circle of said curve bears South 17
08' 15" West;
THENCE along said curve to the left, along a north line of
said 8.5571 acre tract, in a westerly direction, an arc distance of
657.57' to a 5/8" iron rod found for the end of curve;
THENCE North 81 33' 18" West - 600.18', continuing along a
north line of said 8.5571 acre tract to a 5/8" iron rod found for an
angle corner of said 8.5571 acre tract, common to the most southerly
southwest corner of the herein described tract;
THENCE North 02 01' 19" West - 172.68', along an east line of
said 8.5571 acre tract to a 5/8" iron rod found for an angle corner
of said 8.5571 acre tract, common to an angle corner of the herein
described tract;
THENCE South 87 52' 34" West - 15.00', along a north line of
said 8.5571 acre tract to a 3/4" iron rod set for the most westerly
southwest corner of the herein described tract, in the east line of
the 120' wide Harris County Flood Control District fee strip as
described in the deed recorded under File No. C102905, in the
Official Public Records of Real Property of Harris County, Texas,
common to the west line of aforesaid 125.1153 acre tract, from which
a 5/8" iron rod found for an angle corner of said 8.5571 acre tract
bears South 02 01' 19" East -273.28';
THENCE North 02 01' 19" West - 2528.98', along the west line
of said 125.1153 acre tract, common to the east line of said 120'
wide Harris County Flood Control District fee strip, to a 3/4" iron
rod set for the northwest corner of the herein described tract, in
the south right-of-way line of West Orem Drive (R.O.W. varies);
THENCE North 87 09' 51" East - 1214.82', along said south
right-of-way line to a 3/4" iron rod set for the Point of Curvature
of a curve to the right, having a central angle of 15 24' 44", and a
radius of 1970.00';
THENCE along said curve to the right, continuing along said
south right-of-way line, in an easterly direction, an arc distance
of 529.92' to the Point of Reverse Curvature of a curve to the left,
having a central angle of 09 48' 11", and a radius of 2050.00';
THENCE along said curve to the left, continuing along said
south right-of-way line, in an easterly direction, an arc distance
of 350.74' to the most northerly northeast corner of the herein
described tract in the west line of the aforesaid 1.000 acre tract,
from which a found 5/8" iron rod bears North 17 22' 12" East -
1.16';
THENCE South 17 22' 12" West - 211.98', along the west line of
said 1.000 acre tract, to a 1/2" iron rod found for the southwest
corner of said 1.000 acre tract, common to an angle corner of the
herein described tract;
THENCE South 87 38' 52" East - 213.18', along the south line
of said 1.000 acre tract to the POINT OF BEGINNING of the herein
described tract and containing 117.3 acres of land.
SECTION 4. The following tracts of land are removed from the
boundaries of the district:
Part 1: Any land within the boundaries of Harris County
Municipal Utility District No. 390, Harris County Municipal Utility
District No. 393, and Harris County Municipal Utility District No.
404 as of the effective date of this Act.
Part 2: Being a tract of land containing 13.989 acres,
located within the J. Hamilton Survey, Abstract 877, in Harris
County, Texas; Said 13.989 acres being out of a call 41.984 acre
tract of land recorded in the name of NE 40 Partners, L.P., in
Harris County Clerk's File (H.C.C.F.) Number W817136 and out of
Restricted Reserve "E" of Airport Boulevard Estates Sec. 1, a
subdivision recorded in Film Code Number 557118 of the Harris
County Map Records (H.C.M.R.); Said 13.989 acres being more
particularly described by metes and bounds as follows (bearings and
coordinates are based on Texas South Central Zone Number 4204,
State Plane grid coordinates (NAD 83), to convert coordinates to
surface, divide by a combined scale factor of 0.999879):
COMMENCING (grid coordinate X: 3112338.50, Y: 13798930.50)
at a one inch iron pipe found at the northeast corner of said 41.984
acre tract on the south right-of-way (R.O.W.) line of Airport
Boulevard (width varies per H.C.C.F. Number V726469);
Thence, with said south R.O.W line and the north of said
41.984 acre tract, South 87 degrees 13 minutes 09 seconds West, a
distance of 789.96 feet to a 5/8 inch capped iron rod found at the
POINT OF BEGINNING (grid coordinate X: 3111933.80, Y: 13798910.84)
of the herein described tract;
Thence, through and across said 41.984 acre tract, the
following three (3) courses:
1. South 02 degrees 30 minutes 29 seconds East, a distance
of 439.66 feet to a 5/8 inch capped iron rod found;
2. South 47 degrees 30 minutes 29 seconds East, a distance
of 160.79 feet to a 5/8 inch capped iron rod found;
3. South 42 degrees 29 minutes 31 seconds West, a distance
of 659.23 feet to a 5/8 inch capped iron rod found on the
southwesterly line of said 41.984 acre tract;
Thence, with the southwesterly line of said 41.984 acre
tract, 413.70 feet along the arc of a curve to the left, having a
central angle of 14 degrees 29 minutes 51 seconds, a radius of
1,635.00 feet and a chord that bears North 60 degrees 41 minutes 00
seconds West, a distance of 412.60 feet to a 5/8 inch capped iron
rod found at a point of tangency;
Thence, continuing with the southwesterly line of said 41.984
acre tract, North 67 degrees 55 minutes 49 seconds West, at 44.38
feet pass a 5/8 inch capped iron rod found at the southwest corner
of said 41.984 acre tract on the easterly line of said Restricted
Reserve "E" of Airport Boulevard Estates Sec. 1 and continuing
through and across said Restricted Reserve "E" an overall distance
of 54.39 feet to a 3/4 inch iron rod set on the west line of said
Restricted Reserve "E" and the east R.O.W. line of Oakmoor Parkway
(width varies per F.C. Number 557118 of the H.C.M.R.);
Thence, with the west line of said Restricted Reserve "E" and
said east R.O.W. line, the following four (4) courses:
1. North 19 degrees 46 minutes 29 seconds East, a distance
of 25.60 feet to a 3/4 inch iron set at the beginning of a curve to
the left;
2. 256.02 feet along the arc of said curve to the left,
having a central angle of 18 degrees 48 minutes 23 seconds, a radius
of 780.00 feet and a chord that bears North 10 degrees 22 minutes 17
seconds East, a distance of 254.87 feet to a 3/4 inch iron rod set at
a point of tangency;
3. North 00 degrees 58 minutes 06 seconds East, a distance
of 252.18 feet to a 3/4 inch iron rod set at an angle point;
4. North 00 degrees 31 minutes 17 seconds West, a distance
of 203.91 feet to a 3/4 inch iron rod set at an angle point;
Thence, continuing with said east R.O.W. line and the most
northerly line of said Restricted Reserve "E", North 44 degrees 36
minutes 48 seconds East, at 14.11 feet pass the most northerly
corner of said Restricted Reserve "E" and continuing an overall
distance of 47.72 feet to a 3/4 inch iron rod found on the south
R.O.W. line of said Airport Boulevard, from which a 5/8 inch capped
iron rod found bears South 44 degrees 36 minutes 48 seconds West, a
distance of 1.83 feet;
Thence, with said south R.O.W. line, 251.52 feet along the
arc of a curve to the right, having a central angle of 07 degrees 23
minutes 25 seconds, a radius of 1,950.00 feet and a chord that bears
North 83 degrees 31 minutes 27 seconds East, a distance of 251.34
feet to a 3/4 inch capped iron rod set at a point of tangency in said
south R.O.W. line on the north line of said 41.984 acre tract, from
which a 5/8 inch iron rod found bears North 87 degrees 13 minutes 09
seconds East, a distance of 1.00 feet;
Thence, with said south R.O.W. line and the north line of said
41.984 acre tract, North 87 degrees 13 minutes 09 seconds East, a
distance of 377.90 feet to the POINT OF BEGINNING and containing
13.989 acres of land.
SECTION 5. The legislature finds that:
(1) proper and 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 by
the constitution and laws of this state, including the governor,
who has submitted the notice and Act to the Texas Commission on
Environmental Quality;
(2) the Texas Commission on Environmental Quality has
filed its recommendations relating to this Act with the governor,
lieutenant governor, and speaker of the house of representatives
within the required time;
(3) the general law relating to consent by political
subdivisions to the creation of districts with conservation,
reclamation, and road powers and the inclusion of land in those
districts has been complied with; and
(4) 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 have
been fulfilled and accomplished.
SECTION 6. 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, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4795 was passed by the House on May
12, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4795 was passed by the Senate on May
26, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor