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Texas Senate Bill SB2486

Texas 2009 - 81st Regular

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11 S.B. No. 2486
22
33
44 AN ACT
55 relating to the creation of the Montgomery County Water Control and
66 Improvement District No. 3; providing authority to impose a tax and
77 issue bonds; granting a limited power of eminent domain.
88 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
99 SECTION 1. Subtitle I, Title 6, Special District Local Laws
1010 Code, is amended by adding Chapter 9040 to read as follows:
1111 CHAPTER 9040. MONTGOMERY COUNTY WATER CONTROL AND IMPROVEMENT
1212 DISTRICT NO. 3
1313 SUBCHAPTER A. GENERAL PROVISIONS
1414 Sec. 9040.001. DEFINITIONS. In this chapter:
1515 (1) "Board" means the district's board of directors.
1616 (2) "Director" means a board member.
1717 (3) "District" means the Montgomery County Water
1818 Control and Improvement District No. 3.
1919 Sec. 9040.002. NATURE OF DISTRICT. The district is a water
2020 control and improvement district created under Section 59, Article
2121 XVI, Texas Constitution.
2222 Sec. 9040.003. CONFIRMATION AND DIRECTORS' ELECTION
2323 REQUIRED. The temporary directors shall hold an election to
2424 confirm the creation of the district and to elect five permanent
2525 directors as provided by Section 49.102, Water Code.
2626 Sec. 9040.004. CONSENT OF MUNICIPALITY REQUIRED. The
2727 temporary directors may not hold an election under Section 9040.003
2828 until each municipality in whose corporate limits or
2929 extraterritorial jurisdiction the district is located has
3030 consented by ordinance or resolution to the creation of the
3131 district and to the inclusion of land in the district.
3232 Sec. 9040.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
3333 (a) The district is created to serve a public purpose and benefit.
3434 (b) The district is created to accomplish the purposes of a
3535 water control and improvement district as provided by general law
3636 and Section 59, Article XVI, Texas Constitution.
3737 Sec. 9040.006. INITIAL DISTRICT TERRITORY. (a) The
3838 district is initially composed of the territory described by
3939 Section 2 of the Act creating this chapter.
4040 (b) The boundaries and field notes contained in Section 2 of
4141 the Act creating this chapter form a closure. A mistake made in the
4242 field notes or in copying the field notes in the legislative process
4343 does not affect the district's:
4444 (1) organization, existence, or validity;
4545 (2) right to issue any type of bond for the purposes
4646 for which the district is created or to pay the principal of and
4747 interest on a bond;
4848 (3) right to impose a tax; or
4949 (4) legality or operation.
5050 [Sections 9040.007-9040.050 reserved for expansion]
5151 SUBCHAPTER B. BOARD OF DIRECTORS
5252 Sec. 9040.051. GOVERNING BODY; TERMS. (a) The district is
5353 governed by a board of five elected directors.
5454 (b) Except as provided by Section 9040.052, directors serve
5555 staggered four-year terms.
5656 Sec. 9040.052. TEMPORARY DIRECTORS. (a) On or after the
5757 effective date of the Act creating this chapter, the owner or owners
5858 of a majority of the assessed value of the real property in the
5959 district may submit a petition to the Texas Commission on
6060 Environmental Quality requesting that the commission appoint as
6161 temporary directors the five persons named in the petition. The
6262 commission shall appoint as temporary directors the five persons
6363 named in the petition.
6464 (b) Temporary directors serve until the earlier of:
6565 (1) the date permanent directors are elected under
6666 Section 9040.003; or
6767 (2) the fourth anniversary of the effective date of
6868 the Act creating this chapter.
6969 (c) If permanent directors have not been elected under
7070 Section 9040.003 and the terms of the temporary directors have
7171 expired, successor temporary directors shall be appointed or
7272 reappointed as provided by Subsection (d) to serve terms that
7373 expire on the earlier of:
7474 (1) the date permanent directors are elected under
7575 Section 9040.003; or
7676 (2) the fourth anniversary of the date of the
7777 appointment or reappointment.
7878 (d) If Subsection (c) applies, the owner or owners of a
7979 majority of the assessed value of the real property in the district
8080 may submit a petition to the Texas Commission on Environmental
8181 Quality requesting that the commission appoint as successor
8282 temporary directors the five persons named in the petition. The
8383 commission shall appoint as successor temporary directors the five
8484 persons named in the petition.
8585 [Sections 9040.053-9040.100 reserved for expansion]
8686 SUBCHAPTER C. POWERS AND DUTIES
8787 Sec. 9040.101. GENERAL POWERS AND DUTIES. The district has
8888 the powers and duties necessary to accomplish the purposes for
8989 which the district is created.
9090 Sec. 9040.102. WATER CONTROL AND IMPROVEMENT DISTRICT
9191 POWERS AND DUTIES. (a) The district has the powers and duties
9292 provided by the general law of this state, including Chapters 49 and
9393 51, Water Code, applicable to water control and improvement
9494 districts created under Section 59, Article XVI, Texas
9595 Constitution.
9696 (b) The powers and duties authorized under Subsection (a)
9797 shall specifically include the powers authorized under Subchapter
9898 H, Chapter 51, Water Code.
9999 Sec. 9040.103. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
100100 OR RESOLUTION. The district shall comply with all applicable
101101 requirements of any ordinance or resolution that is adopted under
102102 Section 42.042 or 42.0425, Local Government Code, and that consents
103103 to the creation of the district or to the inclusion of land in the
104104 district.
105105 Sec. 9040.104. LIMITATION ON USE OF EMINENT DOMAIN. The
106106 district may not exercise the power of eminent domain outside the
107107 district to acquire a site or easement for a recreational facility
108108 as defined by Section 49.462, Water Code.
109109 [Sections 9040.105-9040.150 reserved for expansion]
110110 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
111111 Sec. 9040.151. ELECTIONS REGARDING TAXES OR BONDS.
112112 (a) The district may issue, without an election, bonds and other
113113 obligations secured by:
114114 (1) revenue other than ad valorem taxes; or
115115 (2) contract payments described by Section 9040.153.
116116 (b) The district must hold an election in the manner
117117 provided by Chapters 49 and 51, Water Code, to obtain voter approval
118118 before the district may impose an ad valorem tax or issue bonds
119119 payable from ad valorem taxes.
120120 Sec. 9040.152. OPERATION AND MAINTENANCE TAX. (a) If
121121 authorized at an election held under Section 9040.151, the district
122122 may impose an operation and maintenance tax on taxable property in
123123 the district in accordance with Section 49.107, Water Code.
124124 (b) The board shall determine the tax rate. The rate may not
125125 exceed the rate approved at the election.
126126 Sec. 9040.153. CONTRACT TAXES. (a) In accordance with
127127 Section 49.108, Water Code, the district may impose a tax other than
128128 an operation and maintenance tax and use the revenue derived from
129129 the tax to make payments under a contract after the provisions of
130130 the contract have been approved by a majority of the district voters
131131 voting at an election held for that purpose.
132132 (b) A contract approved by the district voters may contain a
133133 provision stating that the contract may be modified or amended by
134134 the board without further voter approval.
135135 [Sections 9040.154-9040.200 reserved for expansion]
136136 SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
137137 Sec. 9040.201. AUTHORITY TO ISSUE BONDS AND OTHER
138138 OBLIGATIONS. The district may issue bonds or other obligations
139139 payable wholly or partly from ad valorem taxes, impact fees,
140140 revenue, contract payments, grants, or other district money, or any
141141 combination of those sources, to pay for any authorized district
142142 purpose.
143143 Sec. 9040.202. TAXES FOR BONDS. At the time the district
144144 issues bonds payable wholly or partly from ad valorem taxes, the
145145 board shall provide for the annual imposition of a continuing
146146 direct ad valorem tax, without limit as to rate or amount, while all
147147 or part of the bonds are outstanding as required and in the manner
148148 provided by Chapter 51, Water Code.
149149 Sec. 9040.203. BONDS FOR RECREATIONAL FACILITIES. (a) The
150150 district may develop recreational facilities and issue bonds for
151151 the facilities under Chapter 49, Water Code, notwithstanding any
152152 overlap of the district's territory with the territory of one or
153153 more political subdivisions authorized to develop recreational
154154 facilities and issue bonds under Chapter 49, Water Code.
155155 (b) The authority of the district to develop recreational
156156 facilities and issue bonds under this section does not limit the
157157 authority of any other political subdivision whose territory the
158158 territory of the district may overlap, wholly or partly, to develop
159159 recreational facilities and issue bonds under Chapter 49, Water
160160 Code.
161161 SECTION 2. The Montgomery County Water Control and
162162 Improvement District No. 3 initially includes all the territory
163163 contained in the following area:
164164 TRACT 1:
165165 All that certain 735.094 acre (32,020,707 Square Feet) parcel
166166 of land situated in the Joseph A. Parker Survey, Abstract Number
167167 418, in Montgomery County, Texas, and being out of and a portion of
168168 that certain call 2,086.441 acre tract of land described in a
169169 Warranty Deed to Pacific Indio Properties, Inc., in Clerk's File
170170 Number 2005-116793 of the Official Public Records of Real Property
171171 at Montgomery County, Texas (O.P.R.R.P.M.C.T.), and out of and a
172172 portion of that certain call 877.775 acre tract of land as described
173173 in a Warranty Deed to Pacific Indio Properties, Inc., in Clerk's
174174 File Number 2005-116796 of the O.P.R.R.P.M.C.T., said 735.094 tract
175175 being more particularly described by metes and bounds as follows:
176176 (All bearings are referenced to the Texas State Plane Coordinate
177177 System, South Central Zone)
178178 COMMENCING at a 5/8-inch iron rod with plastic cap stamped
179179 "BENCHMARK ENGR." found in the southerly line of said 877.775 acre
180180 tract for the upper northeast corner of said 2,086.441 acre tract
181181 and the northwest corner of that certain call 435.784 acre tract
182182 described in a Warranty Deed to Pacific Indio Properties, Inc., in
183183 Clerk's File Number 2005-116798 of the O.P.R.R.P.M.C.T.;
184184 THENCE, with the southerly line of said 877.775 acre tract
185185 and the northerly line of said 2,086.441 acre tract, South 56
186186 Degrees 46 Minutes 11 Seconds West, a distance of 5,077.32 feet to
187187 the intersection of the northerly line of said 2,086.441 acre tract
188188 with the northerly line of the of the herein described tract for the
189189 POINT OF BEGINNING;
190190 THENCE, through and across said 2,086.441 acre tract and with
191191 the northerly line of the herein described tract, North 90 Degrees
192192 00 Minutes 00 Seconds East, a distance of 3,323.25 feet to the
193193 intersection of the northerly line of the herein described tract
194194 with the westerly right-of-way of proposed Townsen Road (100 feet
195195 wide) for the upper northeast corner of the herein described tract;
196196 THENCE, continuing through and across said 2,086.441 acre
197197 tract, and with the westerly R.O.W. line of said proposed Townsen
198198 Road, the following three (3) courses:
199199 1) 1,137.04 feet along the arc of a curve to the left having
200200 a radius of 2,050.00 feet, a central angle of 31 Degrees 46 Minutes
201201 45 Seconds, and a chord that bears South 33 Degrees 17 Minutes 04
202202 Seconds East, a distance of 1,122.52 feet;
203203 2) South 49 Degrees 10 Minutes 27 Seconds East, a distance
204204 of 805.47 feet to the beginning of a curve to the right;
205205 3) 781.30 feet along the arc of said curve to the right
206206 having a radius of 2,950.00 feet, a central angle of 15 Degrees 10
207207 Minutes 28 Seconds, and a chord that bears South 41 Degrees 35
208208 Minutes 12 Seconds East, a distance of 779.02 feet to the
209209 intersection of the westerly R.O.W. of said proposed Townsen Road
210210 with a west line of the he City of Houston City Limits, as prepared
211211 by the City of Houston Geographic Information System Office and
212212 made available to the public in Release 12, dated June 2006 for the
213213 lower northeast corner of the herein described tract;
214214 THENCE, continuing through and across said 2,086.441 acre
215215 tract and with said west City of Houston City Limit line, the
216216 following two (2) courses:
217217 1) South 02 Degrees 47 Minutes 24 Seconds East, a distance
218218 of 1,313.89 feet to an angle point;
219219 2) South 02 Degrees 47 Minutes 12 Seconds East, a distance
220220 of 3,425.25 feet to the intersection of the west City of Houston
221221 City Limit Line with the north bank of Spring Creek;
222222 THENCE, with the meanders of the north and east bank of Spring
223223 Creek, the following one hundred eight (108) courses:
224224 1) North 49 Degrees 05 Minutes 53 Seconds West, a distance
225225 of 19.99 feet:
226226 2) North 57 Degrees 20 Minutes 48 Seconds West, a distance
227227 of 135.77 feet;
228228 3) North 62 Degrees 25 Minutes 32 Seconds West, a distance
229229 of 137.51 feet;
230230 4) North 65 Degrees 43 Minutes 11 Seconds West, a distance
231231 of 84.57 feet;
232232 5) North 64 Degrees 48 Minutes 29 Seconds West, a distance
233233 of 137.90 feet;
234234 6) North 58 Degrees 37 Minutes 43 Seconds West, a distance
235235 of 176.05 feet;
236236 7) North 60 Degrees 41 Minutes 48 Seconds West, a distance
237237 of 117.33 feet;
238238 8) North 56 Degrees 46 Minutes 25 Seconds West, a distance
239239 of 77.06 feet;
240240 9) North 55 Degrees 51 Minutes 52 Seconds West, a distance
241241 of 101.56 feet;
242242 10) North 56 Degrees 09 Minutes 58 Seconds West, a distance
243243 of 155.42 feet;
244244 11) North 65 Degrees 48 Minutes 53 Seconds West, a distance
245245 of 74.18 feet;
246246 12) North 58 Degrees 45 Minutes 09 Seconds West, a distance
247247 of 107.02 feet;
248248 13) North 67 Degrees 56 Minutes 47 Seconds West, a distance
249249 of 60.93 feet;
250250 14) North 67 Degrees 02 Minutes 03 Seconds West, a distance
251251 of 71.72 feet;
252252 15) North 72 Degrees 24 Minutes 16 Seconds West, a distance
253253 of 68.26 feet;
254254 16) North 76 Degrees 27 Minutes 38 Seconds West, a distance
255255 of 61.13 feet;
256256 17) North 77 Degrees 37 Minutes 24 Seconds West, a distance
257257 of 58.17 feet;
258258 18) North 81 Degrees 12 Minutes 43 Seconds West, a distance
259259 of 61.49 feet;
260260 19) North 76 Degrees 14 Minutes 05 Seconds West, a distance
261261 of 75.16 feet;
262262 20) North 76 Degrees 21 Minutes 11 Seconds West, a distance
263263 of 49.48 feet;
264264 21) North 69 Degrees 36 Minutes 09 Seconds West, a distance
265265 of 37.50 feet;
266266 22) North 43 Degrees 21 Minutes 14 Seconds West, a distance
267267 of 54.11 feet;
268268 23) North 50 Degrees 23 Minutes 53 Seconds West, a distance
269269 of 33.81 feet;
270270 24) North 51 Degrees 23 Minutes 51 Seconds West, a distance
271271 of 61.36 feet;
272272 25) North 63 Degrees 35 Minutes 38 Seconds West, a distance
273273 of 90.19 feet;
274274 26) North 67 Degrees 47 Minutes 52 Seconds West, a distance
275275 of 100.45 feet;
276276 27) North 68 Degrees 11 Minutes 20 Seconds West, a distance
277277 of 108.69 feet;
278278 28) North 73 Degrees 13 Minutes 32 Seconds West, a distance
279279 of 117.05 feet;
280280 29) North 70 Degrees 00 Minutes 22 Seconds West, a distance
281281 of 151.55 feet;
282282 30) North 78 Degrees 02 Minutes 09 Seconds West, a distance
283283 of 103.31 feet;
284284 31) South 87 Degrees 00 Minutes 49 Seconds West, a distance
285285 of 83.97 feet;
286286 32) North 87 Degrees 56 Minutes 37 Seconds West, a distance
287287 of 88.95 feet;
288288 33) South 81 Degrees 04 Minutes 57 Seconds West, a distance
289289 of 106.98 feet;
290290 34) South 68 Degrees 37 Minutes 37 Seconds West, a distance
291291 of 93.90 feet;
292292 35) South 60 Degrees 46 Minutes 32 Seconds West, a distance
293293 of 87.27 feet;
294294 36) South 56 Degrees 50 Minutes 14 Seconds West, a distance
295295 of 145.92 feet;
296296 37) South 43 Degrees 19 Minutes 52 Seconds West, a distance
297297 of 129.53 feet;
298298 38) South 11 Degrees 41 Minutes 16 Seconds West, a distance
299299 of 63.73 feet;
300300 39) South 14 Degrees 06 Minutes 39 Seconds West, a distance
301301 of 35.47 feet;
302302 40) South 11 Degrees 31 Minutes 36 Seconds West, a distance
303303 of 135.92 feet;
304304 41) South 07 Degrees 33 Minutes 39 Seconds West, a distance
305305 of 173.98 feet;
306306 42) South 16 Degrees 35 Minutes 36 Seconds West, a distance
307307 of 202.30 feet;
308308 43) South 20 Degrees 46 Minutes 19 Seconds West, a distance
309309 of 60.02 feet;
310310 44) South 13 Degrees 41 Minutes 13 Seconds West, a distance
311311 of 69.86 feet;
312312 45) South 11 Degrees 54 Minutes 31 Seconds West, a distance
313313 of 90.00 feet;
314314 46) South 41 Degrees 05 Minutes 52 Seconds West, a distance
315315 of 105.79 feet;
316316 47) South 44 Degrees 29 Minutes 50 Seconds West, a distance
317317 of 144.95 feet;
318318 48) South 70 Degrees 17 Minutes 01 Second West, a distance
319319 of 86.14 feet;
320320 49) South 80 Degrees 22 Minutes 04 Seconds West, a distance
321321 of 72.00 feet;
322322 50) South 83 Degrees 55 Minutes 32 Seconds West, a distance
323323 of 55.78 feet;
324324 51) North 62 Degrees 32 Minutes 12 Seconds West, a distance
325325 of 55.35 feet;
326326 52) North 46 Degrees 07 Minutes 56 Seconds West, a distance
327327 of 50.63 feet;
328328 53) North 60 Degrees 53 Minutes 30 Seconds West, a distance
329329 of 91.05 feet;
330330 54) North 43 Degrees 48 Minutes 09 Seconds West, a distance
331331 of 68.28 feet;
332332 55) North 38 Degrees 31 Minutes 17 Seconds West, a distance
333333 of 94.63 feet;
334334 56) North 36 Degrees 31 Minutes 53 Seconds West, a distance
335335 of 129.74 feet;
336336 57) North 33 Degrees 10 Minutes 58 Seconds West, a distance
337337 of 149.99 feet;
338338 58) North 39 Degrees 11 Minutes 59 Seconds West, a distance
339339 of 148.77 feet;
340340 59) North 46 Degrees 30 Minutes 43 Seconds West, a distance
341341 of 132.39 feet;
342342 60) North 50 Degrees 47 Minutes 36 Seconds West, a distance
343343 of 128.98 feet;
344344 61) North 57 Degrees 41 Minutes 23 Seconds West, a distance
345345 of 116.30 feet;
346346 62) North 59 Degrees 09 Minutes 40 Seconds West, a distance
347347 of 109.25 feet;
348348 63) North 63 Degrees 32 Minutes 05 Seconds West, a distance
349349 of 107.54 feet;
350350 64) North 68 Degrees 17 Minutes 10 Seconds West, a distance
351351 of 93.47 feet;
352352 65) North 47 Degrees 28 Minutes 49 Seconds West, a distance
353353 of 157.27 feet;
354354 66) North 63 Degrees 12 Minutes 00 Seconds West, a distance
355355 of 197.97 feet;
356356 67) South 87 Degrees 59 Minutes 56 Seconds West, a distance
357357 of 253.67 feet;
358358 68) North 88 Degrees 56 Minutes 41 Seconds West, a distance
359359 of 205.97 feet;
360360 69) North 51 Degrees 29 Minutes 07 Seconds West, a distance
361361 of 198.79 feet;
362362 70) North 39 Degrees 26 Minutes 04 Seconds West, a distance
363363 of 161.54 feet;
364364 71) North 29 Degrees 31 Minutes 37 Seconds West, a distance
365365 of 191.59 feet;
366366 72) North 26 Degrees 12 Minutes 58 Seconds West, a distance
367367 of 158.00 feet;
368368 73) North 26 Degrees 53 Minutes 05 Seconds West, a distance
369369 of 130.95 feet;
370370 74) North 15 Degrees 30 Minutes 53 Seconds West, a distance
371371 of 156.75 feet;
372372 75) North 10 Degrees 25 Minutes 12 Seconds West, a distance
373373 of 244.97 feet;
374374 76) North 00 Degrees 33 Minutes 19 Seconds East, a distance
375375 of 352.07 feet;
376376 77) North 02 Degrees 25 Minutes 41 Seconds East, a distance
377377 of 187.85 feet;
378378 78) North 03 Degrees 05 Minutes 08 Seconds East, a distance
379379 of 202.17 feet;
380380 79) North 07 Degrees 15 Minutes 30 Seconds East, a distance
381381 of 183.96 feet;
382382 80) North 09 Degrees 11 Minutes 15 Seconds East, a distance
383383 of 181.92 feet;
384384 81) North 14 Degrees 16 Minutes 58 Seconds East, a distance
385385 of 185.88 feet;
386386 82) North 19 Degrees 53 Minutes 49 Seconds East, a distance
387387 of 146.95 feet;
388388 83) North 07 Degrees 51 Minutes 38 Seconds East, a distance
389389 of 198.72 feet;
390390 84) North 14 Degrees 47 Minutes 18 Seconds East, a distance
391391 of 190.46 feet;
392392 85) North 09 Degrees 25 Minutes 46 Seconds East, a distance
393393 of 201.96 feet;
394394 86) North 23 Degrees 08 Minutes 43 Seconds East, a distance
395395 of 163.58 feet;
396396 87) North 26 Degrees 59 Minutes 51 Seconds East, a distance
397397 of 103.85 feet;
398398 88) North 61 Degrees 15 Minutes 09 Seconds East, a distance
399399 of 197.16 feet;
400400 89) North 52 Degrees 56 Minutes 56 Seconds East, a distance
401401 of 175.88 feet;
402402 90) North 50 Degrees 29 Minutes 41 Seconds East, a distance
403403 of 191.99 feet;
404404 91) North 48 Degrees 50 Minutes 23 Seconds East, a distance
405405 of 166.90 feet;
406406 92) North 23 Degrees 13 Minutes 09 Seconds East, a distance
407407 of 171.31 feet;
408408 93) North 12 Degrees 23 Minutes 15 Seconds East, a distance
409409 of 208.72 feet;
410410 94) North 04 Degrees 25 Minutes 08 Seconds West, a distance
411411 of 182.71 feet;
412412 95) North 12 Degrees 31 Minutes 27 Seconds West, a distance
413413 of 142.73 feet;
414414 96) North 21 Degrees 11 Minutes 58 Seconds West, a distance
415415 of 123.87 feet;
416416 97) North 33 Degrees 29 Minutes 34 Seconds West, a distance
417417 of 103.15 feet;
418418 98) North 59 Degrees 45 Minutes 36 Seconds West, a distance
419419 of 174.32 feet;
420420 99) North 46 Degrees 47 Minutes 40 Seconds West, a distance
421421 of 143.33 feet;
422422 100) North 45 Degrees 52 Minutes 37 Seconds West, a distance
423423 of 209.78 feet;
424424 101) North 50 Degrees 35 Minutes 13 Seconds West, a distance
425425 of 160.08 feet;
426426 102) North 50 Degrees 56 Minutes 49 Seconds West, a distance
427427 of 194.50 feet;
428428 103) North 51 Degrees 36 Minutes 47 Seconds West, a distance
429429 of 190.95 feet;
430430 104) North 42 Degrees 40 Minutes 45 Seconds West, at 82.74
431431 feet pass the northwest corner of said 2,086.441 acre tract and the
432432 southwest corner of said 877.775 acre tract, and continue, a
433433 distance of 170.71 feet;
434434 105) North 34 Degrees 11 Minutes 22 Seconds West, a distance
435435 of 120.56 feet;
436436 106) North 24 Degrees 33 Minutes 24 Seconds West, a distance
437437 of 115.82 feet;
438438 107) North 14 Degrees 29 Minutes 23 Seconds West, a distance
439439 of 106.78 feet;
440440 108) North 07 Degrees 36 Minutes 39 Seconds West, a distance
441441 of 76.06 feet to northeast corner of the herein described tract;
442442 THENCE, through and across said 877.775 acre tract and with
443443 the northerly line of the herein described tract, North 90 Degrees
444444 00 Minutes 00 Seconds East, a distance of 896.92 to the POINT OF
445445 BEGINNING and containing 735.094 acres (32,020,707 square feet) of
446446 land.
447447 TRACT 2
448448 All that certain 676.356 acre (29,462,071 Square Feet) parcel
449449 of land situated in the Joseph A. Parker Survey, Abstract Number
450450 418, in Montgomery County, Texas, and being out of and a portion of
451451 that certain call 2,086.441 acre tract of land described in a
452452 Warranty Deed to Pacific Indio Properties, Inc., in Clerk's File
453453 Number 2005-116793 of the Official Public Records of Real Property
454454 at Montgomery County Texas (O.P.R.R.P.M.C.T.), out of and a portion
455455 of that certain call 877.775 acre tract of land as described in a
456456 Warranty Deed to Pacific Indio Properties, Inc., in Clerk's File
457457 Number 2005-116796 of the O.P.R.R.P.M.C.T., and out of and a
458458 portion of that certain 435.784 acre tract of land described in a
459459 Warranty Deed to Pacific Indio Properties, Inc., in Clerk's File
460460 Number 2005-116798 of the O.P.R.R.P.M.C.T., said 676.356 tract
461461 being more particularly described by metes and bounds as follows:
462462 (All bearings are referenced to the Texas State Plane Coordinate
463463 System, South Central Zone)
464464 COMMENCING at a 5/8-inch iron rod with plastic cap stamped
465465 "BENCHMARK ENGR." found in the southerly line of said 877.775 acre
466466 tract for the upper northeast corner of said 2,086.441 acre tract
467467 and the northwest corner of said 435.784 acre tract;
468468 THENCE, with the southerly line of said 877.775 acre tract
469469 and the northerly line of said 435.784 acre tract, North 56 Degrees
470470 46 Minutes 11 Seconds East, a distance of 216.03 feet to the
471471 intersection of the northerly line of said 435.784 acre tract with
472472 the southeasterly line of a proposed 100 foot wide right-of-way
473473 (R.O.W.) for the POINT OF BEGINNING of the herein described tract;
474474 THENCE, with the southeasterly line of said proposed 100 foot
475475 wide R.O.W., the following three (3) courses:
476476 4) South 49 Degrees 02 Minutes 17 Seconds East, a distance
477477 of 2,530.65 feet to the beginning of a curve to the left;
478478 5) 2,871.92 feet along the arc of said curve to the left
479479 having a radius of 3,050.00 feet, a central angle of 53 Degrees 57
480480 Minutes 02 Seconds, and a chord that bears South 76 Degrees 00
481481 Minutes 47 Seconds East, a distance of 2,766.99 feet;
482482 6) North 77 Degrees 00 Minutes 42 Seconds East, a distance
483483 of 2,590.10 feet to the intersection of the southeasterly R.O.W.
484484 line of said proposed 100 foot wide R.O.W. with the west bank of the
485485 West Fork of the San Jacinto River for the northeast corner of the
486486 herein described tract;
487487 THENCE, southerly, with the meanders of the west bank of the
488488 west Fork of the San Jacinto River, the following thirty five (35)
489489 courses:
490490 1) South 20 Degrees 54 Minutes 34 Seconds East, a distance
491491 of 90.07 feet;
492492 2) South 15 Degrees 10 Minutes 46 Seconds East, a distance
493493 of 94.85 feet;
494494 3) South 05 Degrees 11 Minutes 27 Seconds East, a distance
495495 of 138.40 feet;
496496 4) South 13 Degrees 20 Minutes 15 Seconds East, a distance
497497 of 106.90 feet;
498498 5) South 17 Degrees 02 Minutes 24 Seconds East, a distance
499499 of 184.74 feet;
500500 6) South 18 Degrees 31 Minutes 37 Seconds East, a distance
501501 of 72.83 feet;
502502 7) South 21 Degrees 18 Minutes 30 Seconds East, a distance
503503 of 96.94 feet;
504504 8) South 20 Degrees 27 Minutes 25 Seconds East, a distance
505505 of 135.53 feet;
506506 9) South 23 Degrees 48 Minutes 02 Seconds East, a distance
507507 of 89.22 feet;
508508 10) South 31 Degrees 48 Minutes 44 Seconds East, a distance
509509 of 155.41 feet;
510510 11) South 51 Degrees 54 Minutes 43 Seconds East, a distance
511511 of 87.30 feet;
512512 12) South 49 Degrees 45 Minutes 54 Seconds East, a distance
513513 of 86.80 feet;
514514 13) South 54 Degrees 16 Minutes 12 Seconds East, a distance
515515 of 124.37 feet;
516516 14) South 70 Degrees 16 Minutes 35 Seconds East, a distance
517517 of 118.51 feet;
518518 15) South 75 Degrees 03 Minutes 39 Seconds East, a distance
519519 of 159.40 feet;
520520 16) South 65 Degrees 46 Minutes 25 Seconds East, a distance
521521 of 191.57 feet;
522522 17) South 49 Degrees 33 Minutes 59 Seconds East, a distance
523523 of 76.96 feet;
524524 18) South 46 Degrees 37 Minutes 26 Seconds East, a distance
525525 of 78.69 feet;
526526 19) South 41 Degrees 30 Minutes 29 Seconds East, a distance
527527 of 87.46 feet;
528528 20) South 38 Degrees 14 Minutes 33 Seconds East, a distance
529529 of 117.42 feet;
530530 21) South 28 Degrees 14 Minutes 23 Seconds East, a distance
531531 of 68.75 feet;
532532 22) South 25 Degrees 30 Minutes 55 Seconds East, a distance
533533 of 78.09 feet;
534534 23) South 17 Degrees 53 Minutes 26 Seconds East, a distance
535535 of 73.60 feet;
536536 24) South 02 Degrees 04 Minutes 27 Seconds East, a distance
537537 of 65.61 feet;
538538 25) South 16 Degrees 40 Minutes 41 Seconds West, a distance
539539 of 54.58 feet;
540540 26) South 24 Degrees 40 Minutes 20 Seconds West, a distance
541541 of 175.36 feet;
542542 27) South 34 Degrees 59 Minutes 05 Seconds West, a distance
543543 of 91.48 feet;
544544 28) South 41 Degrees 19 Minutes 30 Seconds West, a distance
545545 of 97.55 feet;
546546 29) South 34 Degrees 13 Minutes 57 Seconds West, a distance
547547 of 80.78 feet;
548548 30) South 40 Degrees 11 Minutes 16 Seconds West, a distance
549549 of 126.37 feet;
550550 31) South 40 Degrees 02 Minutes 09 Seconds West, a distance
551551 of 106.90 feet;
552552 32) South 38 Degrees 22 Minutes 31 Seconds West, a distance
553553 of 124.90 feet;
554554 33) South 44 Degrees 29 Minutes 56 Seconds West, a distance
555555 of 171.72 feet;
556556 34) South 38 Degrees 00 Minutes 29 Seconds West, a distance
557557 of 230.93 feet;
558558 35) South 24 Degrees 34 Minutes 53 Seconds West, a distance
559559 of 5.05 feet to the intersection of the west bank of the west fork of
560560 the San Jacinto River with a northerly line of the City of Houston
561561 City Limits, as prepared by the City of Houston Geographic
562562 Information System Office and made available to the public in
563563 Release 12, dated June 2006;
564564 THENCE, departing the meanders of the west bank of the west
565565 Fork of the San Jacinto River, through and across said 2,086.441
566566 acre tract, and with said northerly City of Houston City Limit Line,
567567 the following three (3) courses:
568568 3) South 88 Degrees 08 Minutes 36 Seconds West, a distance
569569 of 1,430.41 feet to an angle point;
570570 4) South 87 Degrees 57 Minutes 42 Seconds West, a distance
571571 of 6.34 feet to an angle point;
572572 5) South 88 Degrees 42 Minutes 54 Seconds West, a distance
573573 of 5,604.84 feet to the intersection of said City of Houston City
574574 Limit Line with the easterly R.O.W. line of proposed Townsen Road
575575 (100 foot wide) for the southwest corner of the herein described
576576 tract;
577577 THENCE, continuing through and across said 2,086.441 acre
578578 tract and said 877.775 acre tract, respectively, and with the with
579579 the easterly R.O.W. line of said proposed Townsen Road, the
580580 following eight (8) courses;
581581 1) 810.33 feet along the arc of a curve to the left having a
582582 radius of 3,050.00 feet, a central angle of 15 Degrees 13 Minutes 21
583583 Seconds, and a chord that bears North 41 Degrees 33 Minutes 46
584584 Seconds West, a distance of 807.95 feet;
585585 2) North 49 Degrees 10 Minutes 27 Seconds West, a distance
586586 of 805.47 feet to the beginning of a curve to the right;
587587 3) 1,543.71 feet along the arc of said curve to the right
588588 having a radius of 1,950.00 feet, a central angle of 45 Degrees 21
589589 Minutes 29 Seconds, and a chord that bears North 26 Degrees 29
590590 Minutes 42 Seconds West, a distance of 1,503.72 feet;
591591 4) North 03 Degrees 48 Minutes 58 Seconds West, a distance
592592 of 458.87 feet to the beginning of a curve to the left;
593593 5) 1,157.93 feet along the arc of said curve to the left
594594 having a radius of 2,050.00 feet, a central angle of 32 Degrees 21
595595 Minutes 47 Seconds, and a chord that bears North 19 Degrees 59
596596 Minutes 51 Seconds West, a distance of 1,142.60 feet;
597597 6) North 36 Degrees 10 Minutes 45 Seconds West, a distance
598598 of 425.92 feet to the beginning of a curve to the right;
599599 7) 1,254.73 feet along the arc of said curve to the right
600600 having a radius of 1,950.00 feet, a central angle of 36 Degrees 52
601601 Minutes 01 Second, and a chord that bears North 17 Degrees 44
602602 Minutes 44 Seconds West, a distance of 1,233.19 feet;
603603 8) North 00 Degrees 41 Minutes 16 Seconds East, a distance
604604 of 200.00 feet to the intersection of easterly R.O.W. line of said
605605 proposed Townsen Road with the southerly R.O.W. line of a said
606606 proposed 100 foot wide R.O.W. for the north corner of the herein
607607 described tract;
608608 THENCE, with the southerly and southeasterly R.O.W. line of
609609 said proposed 100 foot wide R.O.W, the following three (3) courses:
610610 1) South 89 Degrees 18 Minutes 44 Seconds East, a distance
611611 of 116.49 feet to the beginning of a curve to the right;
612612 2) 2,073.61 feet along the arc of said curve to the right
613613 having a radius of 2,950.00 feet, a central angle of 40 Degrees 16
614614 Minutes 27 Seconds, and a chord that bears South 69 Degrees 10
615615 Minutes 30 Seconds East, a distance of 2,031.18 feet;
616616 3) South 49 Degrees 02 Minutes 17 Seconds East, a distance
617617 of 165.70 feet to the POINT OF BEGINNING and containing 676.356
618618 acres (29,462,071 square feet) of land.
619619 SECTION 3. (a) The legal notice of the intention to
620620 introduce this Act, setting forth the general substance of this
621621 Act, has been published as provided by law, and the notice and a
622622 copy of this Act have been furnished to all persons, agencies,
623623 officials, or entities to which they are required to be furnished
624624 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
625625 Government Code.
626626 (b) The governor, one of the required recipients, has
627627 submitted the notice and Act to the Texas Commission on
628628 Environmental Quality.
629629 (c) The Texas Commission on Environmental Quality has filed
630630 its recommendations relating to this Act with the governor, the
631631 lieutenant governor, and the speaker of the house of
632632 representatives within the required time.
633633 (d) All requirements of the constitution and laws of this
634634 state and the rules and procedures of the legislature with respect
635635 to the notice, introduction, and passage of this Act are fulfilled
636636 and accomplished.
637637 SECTION 4. This Act takes effect immediately if it receives
638638 a vote of two-thirds of all the members elected to each house, as
639639 provided by Section 39, Article III, Texas Constitution. If this
640640 Act does not receive the vote necessary for immediate effect, this
641641 Act takes effect September 1, 2009.
642642 ______________________________ ______________________________
643643 President of the Senate Speaker of the House
644644 I hereby certify that S.B. No. 2486 passed the Senate on
645645 May 7, 2009, by the following vote: Yeas 31, Nays 0.
646646 ______________________________
647647 Secretary of the Senate
648648 I hereby certify that S.B. No. 2486 passed the House on
649649 May 25, 2009, by the following vote: Yeas 144, Nays 0, one
650650 present not voting.
651651 ______________________________
652652 Chief Clerk of the House
653653 Approved:
654654 ______________________________
655655 Date
656656 ______________________________
657657 Governor