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Texas Senate Bill SB2509

Texas 2009 - 81st Regular

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11 S.B. No. 2509
22
33
44 AN ACT
55 relating to the creation of the Montgomery County Water Control and
66 Improvement District No. 2; 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 9041 to read as follows:
1111 CHAPTER 9041. MONTGOMERY COUNTY WATER CONTROL AND IMPROVEMENT
1212 DISTRICT NO. 2
1313 SUBCHAPTER A. GENERAL PROVISIONS
1414 Sec. 9041.001. 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. 2.
1919 Sec. 9041.002. NATURE OF DISTRICT. The district is a water
2020 control and improvement district created under Section 59, Article
2121 XVI, Texas Constitution.
2222 Sec. 9041.003. 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. 9041.004. CONSENT OF MUNICIPALITY REQUIRED. The
2727 temporary directors may not hold an election under Section 9041.003
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. 9041.005. 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. 9041.006. 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 9041.007-9041.050 reserved for expansion]
5151 SUBCHAPTER B. BOARD OF DIRECTORS
5252 Sec. 9041.051. GOVERNING BODY; TERMS. (a) The district is
5353 governed by a board of five elected directors.
5454 (b) Except as provided by Section 9041.052, directors serve
5555 staggered four-year terms.
5656 Sec. 9041.052. 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 9041.003; 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 9041.003 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 9041.003; 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 9041.053-9041.100 reserved for expansion]
8686 SUBCHAPTER C. POWERS AND DUTIES
8787 Sec. 9041.101. 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. 9041.102. 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. 9041.103. 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. 9041.104. 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 9041.105-9041.150 reserved for expansion]
110110 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
111111 Sec. 9041.151. 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 9041.153.
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. 9041.152. OPERATION AND MAINTENANCE TAX. (a) If
121121 authorized at an election held under Section 9041.151, 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. 9041.153. 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 9041.154-9041.200 reserved for expansion]
136136 SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
137137 Sec. 9041.201. 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. 9041.202. 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. 9041.203. 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. 2 initially includes all the territory
163163 contained in the following area:
164164 TRACT 1
165165 All that certain 527.832 acre (22,992,348 square feet) parcel of
166166 land situated in the Joseph A. Parker Survey, Abstract Number 418,
167167 and the R.N. Davis Survey, Abstract Number 161, both in Montgomery
168168 County, Texas, and being a portion of that certain call 1,554.570
169169 acre tract described in a Warranty Deed to Pacific Indio
170170 Properties, Inc. recorded in Clerk's File Number 2006-013955 of the
171171 Official Public Records of Real Property at Montgomery County,
172172 Texas (O.P.R.R.P.M.C.T.), said 527.832 acre tract being more
173173 particularly described by metes and bounds as follows: (All
174174 bearings are referenced to the Texas State Plane Coordinate System,
175175 South Central Zone)
176176 BEGINNING at a 5/8 inch iron rod with plastic cap stamped "D L
177177 HARDY RPLS 4847" found for the northwest corner of that certain call
178178 640.6 acre tract described in a Warranty Deed with Reservation of
179179 Minerals to J.R. Development, Inc., in Clerk's Number 2002-062840
180180 of the O.P.R.R.P.M.C.T.;
181181 THENCE, through and across said 1,554.570 acre tract, the
182182 following five (5) courses:
183183 1) South 56 Degrees 12 Minutes 55 Seconds West, a
184184 distance of 1,094.52 feet to an angle point;
185185 2) South 68 Degrees 19 Minutes 38 Seconds West, a
186186 distance of 879.85 feet to an angle point;
187187 3) South 29 Degrees 19 Minutes 18 Seconds West, a
188188 distance of 643.72 feet to an angle point;
189189 4) South 43 Degrees 22 Minutes 37 Seconds West, a
190190 distance of 243.84 feet to an angle point;
191191 5) South 76 Degrees 01 Minute 00 Seconds West, a
192192 distance of 404.61 feet to a point in the easterly right-of-way
193193 (R.O.W.) line of proposed Townsen Road (100 feet wide);
194194 THENCE, continuing through and across said 1,554.570 acre
195195 tract, and with the easterly and northeasterly R.O.W. line of said
196196 Townsen Road, the following five (5) courses:
197197 1) 620.73 feet along the arc of a curve to the right
198198 having a radius of 1,950.00 feet, a central angle of 18 Degrees 14
199199 Minutes 19 Seconds, and a chord that bears North 13 Degrees 07
200200 Minutes 32 Seconds West, a distance of 618.11 feet;
201201 2) North 04 Degrees 00 Minutes 22 Seconds West, a
202202 distance of 478.81 feet to the beginning of a curve to the left;
203203 3) 1,550.83 feet along the arc of said curve to the
204204 left having a radius of 3,050.00 feet, a central angle of 29 Degrees
205205 07 Minutes 59 Seconds, and a chord that bears North 18 Degrees 34
206206 Minutes 22 Seconds West, a distance of 1,534.17 feet;
207207 4) North 33 Degrees 08 Minutes 21 Seconds West, a
208208 distance of 428.13 feet to the beginning of a curve to the left;
209209 5) 1,751.25 feet along the arc of said curve to the
210210 left having a radius of 2,050.00 feet, a central angle of 48 Degrees
211211 56 Minutes 46 Seconds, and a chord that bears North 57 Degrees 36
212212 Minutes 44 Seconds West, a distance of 1,698.49 feet to the
213213 intersection of the northeasterly R.O.W. line of proposed Townsen
214214 Road with the easterly R.O.W. line of a proposed 100 foot wide
215215 R.O.W.;
216216 THENCE, continuing through and across said 1,554.570 acre
217217 tract, and with the easterly and northeasterly line of said
218218 proposed 100 foot wide R.O.W., the following four (4) courses:
219219 1) North 06 Degrees 31 Minutes 01 Second East, a
220220 distance of 17.93 feet to the beginning of a curve to the left;
221221 2) 3,090.25 feet along the arc of said curve to the
222222 left having a radius of 2,050.00 feet, a central angle of 86 Degrees
223223 22 Minutes 12 Seconds, and a chord that bears North 36 Degrees 40
224224 Minutes 05 Seconds West, a distance of 2,805.86 feet;
225225 3) North 79 Degrees 51 Minutes 11 Seconds West, a
226226 distance of 366.40 feet to the beginning of a curve to the right;
227227 4) 1,318.62 feet along the arc of said curve to the
228228 right having a radius of 1,950.00 feet, a central angle of 38
229229 Degrees 44 Minutes 39 Seconds, and a chord that bears North 60
230230 Degrees 28 Minutes 51 Seconds West, a distance of 1,293.64 feet to
231231 the intersection of the easterly line of said proposed 100 foot wide
232232 R.O.W. with the northerly line of said 1,554.570 acre tract;
233233 THENCE, with the northerly line of said 1,554.570 acre tract,
234234 North 59 Degrees 49 Minutes 41 Seconds East, a distance of 2.21 feet
235235 to a 5/8 inch iron rod with plastic cap stamped "CDS/MUERY S.A. TX."
236236 found for the southwest corner of that certain call 915 acre
237237 Conservation Easement and an angle point in said 1,554.570 acre
238238 tract and the herein described tract;
239239 THENCE, with the southerly line of said 915 acre Conservation
240240 Easement and the northerly line of said 1,554.570 acre tract and the
241241 herein described tract, North 50 Degrees 39 Minutes 59 Seconds
242242 East, a distance of 3,159.31 feet to a 5/8 inch iron rod with
243243 plastic cap stamped "CDS/MUERY S.A. TX." found for an angle point in
244244 said 915 acre Conservation Easement and the herein described tract;
245245 THENCE, continuing with the southerly line of said 915 acre
246246 Conservation Easement and the northerly line of the herein
247247 described tract, South 76 Degrees 45 Minutes 40 Seconds East, at
248248 1,553.40 feet pass a 5/8 inch iron rod stamped "CDS/MUERY S.A. TX."
249249 found for reference, and continue, in all, a distance of 1,753.61
250250 feet to a point on the west high bank of the West Fork of the San
251251 Jacinto River for an angle point of the herein described tract;
252252 THENCE, with the meanders of the west bank of the West Fork of the
253253 San Jacinto River, the following forty eight (48) courses:
254254 1) South 30 Degrees 22 Minutes 24 Seconds West, a
255255 distance of 56.07 feet;
256256 2) South 45 Degrees 58 Minutes 13 Seconds West, a
257257 distance of 40.83 feet;
258258 3) South 46 Degrees 19 Minutes 57 Seconds West, a
259259 distance of 69.31 feet;
260260 4) South 42 Degrees 10 Minutes 45 Seconds West, a
261261 distance of 76. 52 feet;
262262 5) South 40 Degrees 13 Minutes 52 Seconds West, a
263263 distance of 78.33 feet;
264264 6) South 46 Degrees 53 Minutes 30 Seconds West, a
265265 distance of 79.44 feet;
266266 7) South 53 Degrees 07 Minutes 53 Seconds West, a
267267 distance of 65.22 feet;
268268 8) South 56 Degrees 09 Minutes 36 Seconds West, a
269269 distance of 65.51 feet;
270270 9) South 58 Degrees 48 Minutes 22 Seconds West, a
271271 distance of 79.13 feet;
272272 10) South 50 Degrees 41 Minutes 06 Seconds West, a
273273 distance of 86.81 feet;
274274 11) South 38 Degrees 51 Minutes 13 Seconds West, a
275275 distance of 445.76 feet;
276276 12) South 08 Degrees 36 Minutes 30 Seconds West, a
277277 distance of 155.51 feet;
278278 13) South 04 Degrees 38 Minutes 42 Seconds East, a
279279 distance of 158.47 feet;
280280 14) South 26 Degrees 22 Minutes 18 Seconds East, a
281281 distance of 464.19 feet;
282282 15) South 41 Degrees 04 Minutes 43 Seconds East, a
283283 distance of 291.77 feet;
284284 16) South 46 Degrees 32 Minutes 40 Seconds East, a
285285 distance of 166.24 feet;
286286 17) South 63 Degrees 38 Minutes 58 Seconds East, a
287287 distance of 129.80 feet;
288288 18) South 76 Degrees 54 Minutes 46 Seconds East, a
289289 distance of 183.21 feet;
290290 19) South 76 Degrees 35 Minutes 35 Seconds East, a
291291 distance of 142.77 feet;
292292 20) South 85 Degrees 17 Minutes 14 Seconds East, a
293293 distance of 91.08 feet;
294294 21) North 73 Degrees 21 Minutes 11 Seconds East, a
295295 distance of 114.45 feet;
296296 22) North 75 Degrees 00 Minutes 21 Seconds East, a
297297 distance of 82.76 feet;
298298 23) North 75 Degrees 17 Minutes 10 Seconds East, a
299299 distance of 156.41 feet;
300300 24) North 80 Degrees 37 Minutes 30 Seconds East, a
301301 distance of 179.16 feet;
302302 25) South 88 Degrees 32 Minutes 27 Seconds East, a
303303 distance of 112.81 feet;
304304 26) South 66 Degrees 19 Minutes 02 Seconds East, a
305305 distance of 252.55 feet;
306306 27) South 46 Degrees 37 Minutes 09 Seconds East, a
307307 distance of 142.93 feet;
308308 28) South 59 Degrees 26 Minutes 36 Seconds East, a
309309 distance of 71.26 feet;
310310 29) South 49 Degrees 58 Minutes 30 Seconds East, a
311311 distance of 94.49 feet;
312312 30) South 48 Degrees 25 Minutes 09 Seconds East, a
313313 distance of 94.68 feet;
314314 31) South 52 Degrees 24 Minutes 30 Seconds East, a
315315 distance of 107.26 feet;
316316 32) South 48 Degrees 14 Minutes 34 Seconds East, a
317317 distance of 98.37 feet;
318318 33) South 51 Degrees 22 Minutes 58 Seconds East, a
319319 distance of 68.56 feet;
320320 34) South 24 Degrees 15 Minutes 08 Seconds East, a
321321 distance of 88.72 feet;
322322 35) South 18 Degrees 47 Minutes 45 Seconds East, a
323323 distance of 94.31 feet;
324324 36) South 05 Degrees 46 Minutes 32 Seconds West, a
325325 distance of 90.96 feet;
326326 37) South 01 Degree 09 Minutes 42 Seconds East, a
327327 distance of 83.27 feet;
328328 38) South 15 Degrees 38 Minutes 15 Seconds West, a
329329 distance of 94.81 feet;
330330 39) South 01 Degrees 38 Minutes 35 Seconds West, a
331331 distance of 89.05 feet;
332332 40) South 12 Degrees 51 Minutes 45 Seconds West, a
333333 distance of 192.88 feet;
334334 41) South 30 Degrees 35 Minutes 53 Seconds East, a
335335 distance of 184.94 feet;
336336 42) South 47 Degrees 16 Minutes 08 Seconds East, a
337337 distance of 186.66 feet;
338338 43) South 56 Degrees 42 Minutes 16 Seconds East, a
339339 distance of 211.00 feet;
340340 44) South 59 Degrees 28 Minutes 08 Seconds East, a
341341 distance of 308.02 feet;
342342 45) South 80 Degrees 02 Minutes 13 Seconds East, a
343343 distance of 172.28 feet;
344344 46) South 87 Degrees 04 Minutes 25 Seconds East, a
345345 distance of 234.54 feet;
346346 47) North 68 Degrees 19 Minutes 10 Seconds East, a
347347 distance of 263.23 feet;
348348 48) North 58 Degrees 17 Minutes 31 Seconds East, a
349349 distance of 247.63 feet;
350350 THENCE, departing the meanders of the west bank of Spring
351351 Creek and with the easterly line of said 1,554.570 acre tract, South
352352 31 Degrees 42 Minutes 29 Seconds East, a distance of 133.36 feet to
353353 a 5/8 inch iron rod with plastic cap stamped "D L HARDY RPLS 4847"
354354 found for the northwest corner of that certain call 19.00 acre
355355 Conservation Easement described in a deed to Legacy Land Trust,
356356 Inc. in M.C.C.F. Number 2003-032879 for an angle point in the herein
357357 described tract;
358358 THENCE, with the northwesterly line of said 19.00 acre
359359 Conservation Easement, South 15 Degrees 11 Minutes 58 Seconds West,
360360 a distance of 878.75 feet to a 5/8 inch iron rod with plastic cap
361361 stamped "D L HARDY RPLS 4847" found in the northeasterly line of
362362 that certain call 74.000 acre Conservation Easement described in a
363363 deed to Legacy Land Trust, Inc. in M.C.C.F. Number 2002-017148 for
364364 an angle point in the herein described tract;
365365 THENCE, counterclockwise, with the northeasterly, westerly
366366 and southwesterly boundary of said 74.000 acre Conservation
367367 Easement, the following seven (7) courses:
368368 1) North 65 Degrees 42 Minutes 43 Seconds West, a
369369 distance of 1,117.88 feet to a 5/8 inch iron rod with plastic cap
370370 stamped "D L HARDY RPLS 4847" found for an angle point;
371371 2) North 63 Degrees 01 Minute 15 Seconds West, a
372372 distance of 214.00 feet to a 5/8 inch iron rod with plastic cap
373373 stamped "D L HARDY RPLS 4847" found for the upper northwest corner
374374 of said 74.000 acre Conservation Easement and an angle point for the
375375 herein described tract;
376376 3) South 57 Degrees 07 Minutes 08 Seconds West, a
377377 distance of 727.10 feet to a 5/8 inch iron rod with plastic cap
378378 stamped "CDS/MUERY S.A. TX." found for the lower northwest corner
379379 of said 74.000 acre Conservation Easement and an angle point in the
380380 herein described tract;
381381 4) South 20 Degrees 38 Minutes 34 Seconds East, a
382382 distance of 196.61 feet to a 5/8 inch iron rod with plastic cap
383383 stamped "BENCHMARK ENGR." set for an angle point in said 74.000 acre
384384 Conservation Easement and the herein described tract;
385385 5) South 22 Degrees 11 Minutes 29 Seconds East, a
386386 distance of 893.86 feet to a 5/8 inch iron rod with plastic cap
387387 stamped "CDS/MUERY S.A. TX." found for the southwest corner of said
388388 74.000 acre Conservation Easement and an angle point in the herein
389389 described tract;
390390 6) South 79 Degrees 17 Minutes 46 Seconds East, a
391391 distance of 525.67 feet to a 5/8 inch iron rod with plastic cap
392392 stamped "CDS/MUERY S.A. TX." found for an angle point in the
393393 southwesterly line of said 74.000 acre Conservation Easement and
394394 the herein described tract;
395395 7) South 78 Degrees 00 Minutes 36 Seconds East, at
396396 994.32 feet pass a 5/8 inch iron rod with plastic cap stamped
397397 "CDS/MUERY S.A. TX." found for the call common line of said R.N.
398398 Davis Survey said Joseph A. Parker Survey, and continue, in all, a
399399 distance of 1,953.24 feet to a 5/8 inch iron rod with plastic cap
400400 stamped "CDS/MUERY S.A. TX." found for the southeast corner of said
401401 74.000 acre Conservation Easement and an angle point in the herein
402402 described tract;
403403 THENCE, departing the southeast corner of said 74.000 acre
404404 Conservation Easement, and with the easterly line of said 1,554.570
405405 acre tract, the following three (3) courses:
406406 1) South 46 Degrees 21 Minutes 37 Seconds East, a
407407 distance of 263.57 feet to a 5/8 inch iron rod with plastic cap
408408 stamped "BENCHMARK ENGR." found for an angle point;
409409 2) North 43 Degrees 38 Minutes 23 Seconds East, a
410410 distance of 600.00 feet to a 5/8 inch iron rod with plastic cap
411411 stamped "BENCHMARK ENGR." found for an angle point;
412412 3) North 34 Degrees 46 Minutes 38 Seconds East, at
413413 1,185.84 feet pass a 5/8 inch iron rod with plastic cap stamped
414414 "BENCHMARK ENGR." set for reference, and continue, in all, a
415415 distance of 1,385.84 feet to a to a point on the west bank of the
416416 West Fork of the San Jacinto River for an angle point in the herein
417417 described tract;
418418 THENCE, with the meanders of the west bank of the West Fork of
419419 the San Jacinto River, the following five (5) courses:
420420 1) South 43 Degrees 38 Minutes 03 Seconds East, a
421421 distance of 65.88 feet;
422422 2) South 48 Degrees 38 Minutes 46 Seconds East, a
423423 distance of 132.16 feet;
424424 3) South 52 Degrees 19 Minutes 01 Second East, a
425425 distance of 87.17 feet;
426426 4) South 47 Degrees 26 Minutes 02 Seconds East, a
427427 distance of 86.22 feet;
428428 5) South 53 Degrees 17 Minutes 44 Seconds East, a
429429 distance of 73.27 feet;
430430 THENCE, departing the meanders of the west bank of Spring
431431 Creek, and with the northerly line of said 640.6 acre tract and the
432432 southerly line of the herein described tract, South 43 Degrees 38
433433 Minutes 23 Seconds West, at 99.85 feet pass a 5/8 inch iron rod with
434434 plastic cap stamped "D L HARDY RPLS 4847" found for reference, and
435435 continue, in all, a distance of 2,593.77 feet to the POINT OF
436436 BEGINNING and containing 527.832 acres (22,992,348 square feet) of
437437 land.
438438 TRACT 2
439439 All that certain 169.830 acre (7,397,783 square feet) parcel of
440440 land situated in the Joseph A. Parker Survey, Abstract Number 418,
441441 and the R.N. Davis Survey, Abstract Number 161, both in Montgomery
442442 County, Texas, and being a portion of that certain call 1,554.570
443443 acre tract described in a Warranty Deed to Pacific Indio
444444 Properties, Inc. recorded in Clerk's File Number 2006-013955 of the
445445 Official Public Records of Real Property at Montgomery County,
446446 Texas (O.P.R.R.P.M.C.T.), said 169.830 acre tract being more
447447 particularly described by metes and bounds as follows: (All
448448 bearings are referenced to the Texas State Plane Coordinate System,
449449 South Central Zone)
450450 BEGINNING at a 3/4 inch iron pipe found in the recognized
451451 common line of said R.N. Davis Survey and said Joseph A. Parker
452452 Survey for the southeast corner of that certain call 2,883.06 acre
453453 tract described in a Deed to LGI LAND, L.L.C. in Clerk's File Number
454454 2004-114162 of the O.P.R.R.P.M.C.T., an interior corner of said
455455 1,554.570 acre tract, and the southwest corner of the herein
456456 described tract, and from which a 100D nail found for reference
457457 bears North 35 Degrees 02 Minutes 54 Seconds East, a distance of
458458 12.69 feet, and from which a "PK" nail found in a 4 inch wooden post
459459 bears South 51 Degrees 13 Minutes 29 Seconds West, a distance of
460460 8.04 feet;
461461 THENCE, with the easterly line of said 2,883.06 acre tract,
462462 the upper westerly line of the said 1,554.570 acre tract, and the
463463 westerly line of the herein described tract, North 30 Degrees 10
464464 Minutes 19 Seconds West, a distance of 4,002.79 feet to a 5/8-inch
465465 iron rod with plastic cap stamped "BENCHMARK ENGR." set in the
466466 southwesterly right-of-way (R.O.W.) line of proposed Townsen Road
467467 (100 feet wide) for the northwest corner of the herein described
468468 tract;
469469 THENCE, through and across said 1,554.570 acre tract, and
470470 with the southerly and westerly R.O.W. line of said proposed
471471 Townsen Road, the following six (6) courses:
472472 1) North 59 Degrees 50 Minutes 02 Seconds East, a
473473 distance of 147.67 feet to the beginning of a curve to the right;
474474 2) 2,961.87 feet along the arc of said curve to the
475475 right having a radius of 1,950.00 feet, a central angle of 87
476476 Degrees 01 Minute 37 Seconds, and a chord that bears South 76
477477 Degrees 39 Minutes 10 Seconds East, a distance of 2,685.25 feet;
478478 3) South 33 Degrees 08 Minutes 21 Seconds East, a
479479 distance of 428.13 feet to the beginning of a curve to the right;
480480 4) 1,499.98 feet along the arc of said curve to the
481481 right having a radius of 2,950.00 feet, a central angle of 29
482482 Degrees 07 Minutes 59 Seconds, and a chord that bears South 18
483483 Degrees 34 Minutes 22 Seconds East, a distance of 1,483.87 feet;
484484 5) South 04 Degrees 00 Minutes 22 Seconds East, a
485485 distance of 478.81 feet to the beginning of a curve to the left;
486486 6) 139.68 feet along the arc of said curve to the left
487487 having a radius of 2,050.00 feet, a central angle of 03 Degrees 54
488488 Minutes 14 Seconds, and a chord that bears South 05 Degrees 57
489489 Minutes 29 Seconds East, a distance of 139.65 feet to the southeast
490490 corner;
491491 THENCE, departing the westerly R.O.W. of proposed Townsen
492492 Road, continuing through and across said 1,554.570 acre tract, and
493493 with the southerly line of the herein described tract, the
494494 following two (2) courses:
495495 1) North 87 Degrees 41 Minutes 21 Seconds West, a
496496 distance of 797.17 feet to an angle point;
497497 2) South 50 Degrees 32 Minutes 13 Seconds West, a
498498 distance of 889.47 feet to the POINT OF BEGINNING and containing
499499 169.830 acres (7,397,783 square feet) of land.
500500 TRACT 3
501501 All that certain 100.750 acre (4,388,668 square feet) parcel of
502502 land situated in the R.N. Davis Survey, Abstract Number 161,
503503 Montgomery County, Texas, and being a portion of that certain call
504504 1,554.570 acre tract described in a Warranty Deed to Pacific Indio
505505 Properties, Inc. recorded in Clerk's File Number 2006-013955 of the
506506 Official Public Records of Real Property at Montgomery County,
507507 Texas (O.P.R.R.P.M.C.T.) said 100.750 acre tract being more
508508 particularly described by metes and bounds as follows: (All
509509 bearings are referenced to the Texas State Plane Coordinate System,
510510 South Central Zone)
511511 COMMENCING at a 3/4 inch iron pipe found in the recognized
512512 common line of said R.N. Davis Survey and the Joseph A. Parker
513513 Survey for the southeast corner of that certain call 2,883.06 acre
514514 tract described in a Deed to LGI LAND, L.L.C. in Clerk's File Number
515515 2004-114162 of the O.P.R.R.P.M.C.T., and an interior corner of said
516516 1,554.570 acre tract, and from which a 100D nail found for reference
517517 bears North 35 Degrees 02 Minutes 54 Seconds East, a distance of
518518 12.69 feet, and from which a "PK" nail found in a 4 inch wooden post
519519 bears South 51 Degrees 13 Minutes 29 Seconds West, a distance of
520520 8.04 feet;
521521 THENCE, with the easterly line of said 2,883.06 acre tract
522522 and the upper westerly line of the said 1,554.570 acre tract, North
523523 30 Degrees 10 Minutes 19 Seconds West, a distance of 4,102.79 feet
524524 to a 5/8-inch iron rod with plastic cap stamped "BENCHMARK ENGR."
525525 set in the northeasterly right-of-way (R.O.W.) line of proposed
526526 Townsen Road (100 feet wide) for the southwest corner and POINT OF
527527 BEGINNING of the herein described tract;
528528 THENCE, continuing with the easterly line of said 2,883.06
529529 acre tract, the upper westerly line of the said 1,554.570 acre
530530 tract, and the westerly line of the herein described tract, North 30
531531 Degrees 10 Minutes 19 Seconds West, a distance of 3,719.63 feet to a
532532 5/8-inch iron rod with plastic cap stamped "BENCHMARK ENGR." found
533533 for the northwest corner of said 1,554.570 acre tract and the herein
534534 described tract;
535535 THENCE, with the northerly line of said 1,554.570 acre tract
536536 and the herein described tract, North 59 Degrees 49 Minutes 41
537537 Seconds East, a distance of 71.31 feet to a point in the westerly
538538 line of a proposed 100 foot wide right-of-way for the northeast
539539 corner of the herein described tract;
540540 THENCE, through and across said 1,554.570 acre tract, and
541541 with the westerly line of said proposed 100 foot wide R.O.W. the
542542 following four (4) courses:
543543 1) 1,405.55 feet along the arc of a curve to the left
544544 having a radius of 2,050.00 feet, a central angle of 39 Degrees 17
545545 Minutes 02 Seconds, and a chord that bears South 60 Degrees 12
546546 Minutes 40 Seconds East, a distance of 1,378.18 feet;
547547 2) South 79 Degrees 51 Minutes 11 Seconds East, a
548548 distance of 366.40 feet to the beginning of a curve to the right;
549549 3) 2,939.51 feet along the arc of said curve to the
550550 right having a radius of 1,950.00 feet, a central angle of 86
551551 Degrees 22 Minutes 12 Seconds, and a chord that bears South 36
552552 Degrees 40 Minutes 05 Seconds East, a distance of 2,668.99 feet;
553553 4) South 06 Degrees 31 Minutes 01 Second West, a
554554 distance of 17.93 feet to the intersection of the westerly line of
555555 said proposed 100 foot wide R.O.W. with the northeasterly R.O.W.
556556 line of proposed Townsen Road (100 feet wide) for the southeast
557557 corner of the herein described tract;
558558 THENCE, with the northerly R.O.W. line of said proposed
559559 Townsen Road, the following two (2) courses:
560560 1) 1,262.49 feet along the arc of a curve to the left
561561 having a radius of 2,050.00 feet, a central angle of 35 Degrees 17
562562 Minutes 08 Seconds, and a chord that bears South 77 Degrees 28
563563 Minutes 36 Seconds West, a distance of 1,242.63 feet;
564564 2) South 59 Degrees 50 Minutes 02 Seconds West, a
565565 distance of 147.68 feet to the POINT OF BEGINNING and containing
566566 100.750 acres (4,388,668 square feet) of land.
567567 SECTION 3. (a) The legal notice of the intention to
568568 introduce this Act, setting forth the general substance of this
569569 Act, has been published as provided by law, and the notice and a
570570 copy of this Act have been furnished to all persons, agencies,
571571 officials, or entities to which they are required to be furnished
572572 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
573573 Government Code.
574574 (b) The governor, one of the required recipients, has
575575 submitted the notice and Act to the Texas Commission on
576576 Environmental Quality.
577577 (c) The Texas Commission on Environmental Quality has filed
578578 its recommendations relating to this Act with the governor, the
579579 lieutenant governor, and the speaker of the house of
580580 representatives within the required time.
581581 (d) All requirements of the constitution and laws of this
582582 state and the rules and procedures of the legislature with respect
583583 to the notice, introduction, and passage of this Act are fulfilled
584584 and accomplished.
585585 SECTION 4. This Act takes effect immediately if it receives
586586 a vote of two-thirds of all the members elected to each house, as
587587 provided by Section 39, Article III, Texas Constitution. If this
588588 Act does not receive the vote necessary for immediate effect, this
589589 Act takes effect September 1, 2009.
590590 ______________________________ ______________________________
591591 President of the Senate Speaker of the House
592592 I hereby certify that S.B. No. 2509 passed the Senate on
593593 May 7, 2009, by the following vote: Yeas 31, Nays 0.
594594 ______________________________
595595 Secretary of the Senate
596596 I hereby certify that S.B. No. 2509 passed the House on
597597 May 25, 2009, by the following vote: Yeas 145, Nays 0, one present
598598 not voting.
599599 ______________________________
600600 Chief Clerk of the House
601601 Approved:
602602 ______________________________
603603 Date
604604 ______________________________
605605 Governor