83R7099 PMO-F
By: Creighton H.B. No. 1260
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Montgomery County Municipal Utility
District No. 132; granting a limited power of eminent domain;
providing authority to issue bonds; providing authority to impose
assessments, fees, and taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 8414 to read as follows:
CHAPTER 8414. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT
NO. 132
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8414.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Director" means a board member.
(4) "District" means the Montgomery County Municipal
Utility District No. 132.
Sec. 8414.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8414.003. CONFIRMATION AND DIRECTORS' ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 8414.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 8414.003
until each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located has
consented by ordinance or resolution to the creation of the
district and to the inclusion of land in the district.
Sec. 8414.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
The district is created to serve a public purpose and benefit.
(b) The district is created to accomplish the purposes of a
municipal utility district as provided by general law and Section
59, Article XVI, Texas Constitution.
Sec. 8414.006. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act enacting this chapter form a closure. A mistake made in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose a tax; or
(4) legality or operation.
Sec. 8414.007. ELIGIBILITY FOR INCLUSION IN TAX INCREMENT
REINVESTMENT ZONE. (a) The district is eligible to be included in
a tax increment reinvestment zone created under Chapter 311, Tax
Code.
(b) If the City of Conroe has created or creates a tax
increment reinvestment zone described by Subsection (a) that
includes all or part of the territory of the district, the City of
Conroe and the board of directors of the zone or a developer of
property within the tax increment reinvestment zone that receives
or will receive money from the tax increment fund, by contract with
the district, may grant money to the district from the tax increment
fund to be used for a permissible purpose of the district,
including:
(1) the right to pledge the money as security for a
bond or other obligation issued by the district; and
(2) any permissible purpose of a corporation under
Section 380.002(b), Local Government Code.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8414.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8414.052, directors serve
staggered four-year terms.
Sec. 8414.052. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) _________________;
(2) _________________;
(3) _________________;
(4) _________________; and
(5) _________________.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8414.003; or
(2) the fourth anniversary of the effective date of
the Act enacting this chapter.
(c) If permanent directors have not been elected under
Section 8414.003 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 8414.003; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the commission requesting that the
commission appoint as successor temporary directors the five
persons named in the petition. The commission shall appoint as
successor temporary directors the five persons named in the
petition.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8414.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8414.102. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 54, Water Code,
applicable to municipal utility districts created under Section 59,
Article XVI, Texas Constitution.
Sec. 8414.103. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
OR RESOLUTION. (a) The district shall comply with all applicable
requirements of any ordinance or resolution that is adopted under
Section 54.016 or 54.0165, Water Code, and that consents to the
creation of the district or to the inclusion of land in the
district.
(b) In addition to all the rights and remedies provided by
other law, if the district violates the terms of an ordinance or
resolution described by Subsection (a), the municipality is
entitled to injunctive relief or a writ of mandamus issued by a
court requiring the district and the district's officials to
observe and comply with the terms of the ordinance or resolution.
Sec. 8414.104. MUNICIPAL CONSENT. Municipal consent to the
creation of the district and to the inclusion of land in the
district granted under Section 8414.004 acts as municipal consent
to the creation of any new district created by the division of the
district and to the inclusion of land in the new district.
Sec. 8414.105. EFFECT OF ANNEXATION OR INCLUSION WITHIN THE
CORPORATE BOUNDARIES OF THE CITY OF CONROE. Notwithstanding Section
54.016(f)(2), Water Code, an allocation agreement between the City
of Conroe and the district that provides for the allocation of the
taxes or revenues of the district and the city following the date of
inclusion of all the district's territory in the corporate limits
of the city may provide that the total annual ad valorem taxes
collected by the city and the district from taxable property in the
district may exceed the city's ad valorem tax on that property.
Sec. 8414.106. LIMITATION ON USE OF EMINENT DOMAIN. The
district may not exercise the power of eminent domain outside the
district without the written consent of the City of Conroe.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8414.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
district may issue, without an election, bonds and other
obligations secured by revenue other than ad valorem taxes.
(b) The district must hold an election in the manner
provided by Chapters 49 and 54, Water Code, to obtain voter approval
before the district may impose an ad valorem tax or issue bonds
payable from ad valorem taxes.
Sec. 8414.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8414.151, the district
may impose an operation and maintenance tax on taxable property in
the district in accordance with Section 49.107, Water Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8414.201. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, contract payments, tax increment payments, grants, or
other district money, or any combination of those sources, to pay
for any authorized district purpose.
Sec. 8414.202. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Sections 54.601 and 54.602, Water Code.
SECTION 2. Montgomery County Municipal Utility District No.
132 initially includes all the territory contained in the following
area: TRACT I:
BEING 23.622 ACRES OF LAND IN THE MARTIN P. CLARK SURVEY,
A-148, MONTGOMERY COUNTY, TEXAS, SAID 23.622 ACRES BEING THE SAME
TRACT OF LAND CALLED 23.7 ACRES AS CONVEYED TO JESSIE ANGEL BY DEED
RECORDED UNDER COUNTY CLERK'S FILE NO. 8138118, MONTGOMERY COUNTY
REAL PROPERTY RECORDS, SAID 23.622 ACRES BEING DESCRIBED MORE
PARTICULARLY AS FOLLOWS:
BEGINNING at a 4" x 4" concrete monument found in the North
Line of League Line Road for the Southeast corner for the Heather
Carlile 14.901 acre tract, the Southwest corner of the herein
described tract;
THENCE, N 14 deg. 30 min. 31 sec. E, leaving the North line of
League Line Road, along Carlile's East line, passing at 974.01 feet
a 5/8 inch iron rod found for the Southeast corner of the Patrick
John Peerenboom and Terri Lynne Peerenboom 0.50 acre tract of land
described by deed recorded under County Clerk's File No.
2003-073186, Montgomery County Real Property Records, passing at
1,152.52 feet Peerenboom's Northeast corner and continuing in all
for a distance of 2,013.51 feet, (call N 14 deg. 00 min. 42 sec. E,
2, 014.90 feet) to a 4" x 4" concrete monument found for Carlile's
Northeast corner, the Northwest corner, of the herein described
tract, in the South line of the Mercan L.L.C. 98.655 acre tract of
land described by deed recorded under County Clerk's File No.
2004-016642, Montgomery County Real Property Records;
THENCE, S 74 deg. 00 min. 05 sec. E, along Mercan's South line
for a distance of 516.20 feet (Angle's call S 73 deg. 00 mi. 42 sec.
E, 517.60 feet) to a 4" x 4" concrete monument found for the
Northwest corner of Hallmark of Panorama, a Subdivision, map of
which is recorded in Cabinet P, Sheet 37B, Montgomery County Map
Records, same being the Northeast corner or the herein described
tract;
THENCE, S 14 deg. 44 min. 38 sec. W, along the West line of
Hallmark of Panorama for a distance of 2,006.49 feet, (Angel's call
S 15 deg. 00 min. 00 sec. W, 2,010.60 feet) to 3/4 inch iron pipe
found for it's Southwest corner, the Southeast corner of the herein
described tract, in the North line of League Line Road;
THENCE, N 74 deg. 46 min. 18 sec. W, along the North line of
League Line Road for a distance of 507.83 Feet, (Angel's call N 74
deg. 00 min. 09 sec. W, 507.20 feet) to the POINT OF BEGINNING and
containing in all 23.622 acres of land.
TRACT II: BEING 98.655 ACRES OF LAND IN THE MARTIN P. CLARK
SURVEY, A-148, MONTGOMERY COUNTY, TEXAS, SAID 98.655 ACRES BEING
OUT OF THE FOSTER TIMBER LTD., 694.357 ACRE TRACT OF LAND DESCRIBED
BY DEED RECORDED UNDER COUNTY CLERK'S FILE NUMBER 9509572
MONTGOMERY COUNTY REAL PROPERTY RECORDS AND OUT OF THE FOSTER
TIMBER LTD., 5.804 ACRE TRACT OF LAND DESCRIBED BY DEED RECORDED
UNDER COUNTY CLERK'S FILE NUMBER 9809142, MONTGOMERY COUNTY REAL
PROPERTY RECORDS, SAID 98.655 ACRES BEING DESCRIBED MORE
PARTICULARLY AS FOLLOWS:
BEGINNING at a 5/8" iron rod found for the Southeast corner of
the herein described tract, the Northeast corner of Hallmark of
Panorama, a Subdivision, map of which is recorded in Cabinet P,
Sheet 37B, Montgomery County Map Records, said 5/8" iron rod being
in the West line of Lot 421, Panorama, Quail Creek Section, a
Subdivision, map of which is recorded in Volume 7, Page 329,
Montgomery County Map Records;
THENCE N. 74° 26' 28" W., along the North line of said Hallmark
of Panorama, for a distance of 334.32 feet to a concrete monument
found for its Northwest corner, the Northeast corner of the Jessie
A. Angel 23.7 acre tract of land described by deed recorded under
County Clerk's File Number 8138118, Montgomery County Real Property
Records;
THENCE N. 74° 00' 05" W., along Angel's North line for a
distance of 516.20 feet to a concrete monument found for his
Northwest corner, the Northeast corner of the Heather Carlile
14.901 acre tract of land described by deed recorded under County
Clerk's File Number 9800500, Montgomery County Real Property
Records;
THENCE N. 74° 06' 10" W., along Carlile's North line for a
distance of 390.53 feet to a 5/8" iron rod found for her Northwest
corner, the Northeast corner of the Allen L. Akins and Ilene Akins
20.5020 acre tract of land described by deed recorded under County
Clerk's File Number 8749694, Montgomery County Real Property
Records;
THENCE N. 73° 50' 03" W., along Akins North line for a distance
of 243.06 feet to a 1" iron pipe found for the Southwest corner of
the herein described tract, the Southeast corner of the Bingham
Partition tracts described by instrument recorded under County
Clerk's File Numbers 9740929, 9740930, 9740931, 9740932 and
9740933, Montgomery County Real Property Records;
THENCE N. 10° 53' 01" E., along Bingham's East line for a
distance of 2,067.14 feet to a 1/2" iron rod found for the Northeast
corner of the Bingham Partition, an inside corner of the herein
described tract;
THENCE N. 74° 20' 20" W., along Bingham's North line for a
distance of 820.00 feet to a 1/2" iron rod found for their Northwest
corner, the Northeast corner of the Mercan Inc.; 90.913 acre tract
of land described by deed recorded under County Clerk's File Number
2000-043279, Montgomery County Real Property Records;
THENCE N. 74° 17' 28" W., along Mercan's North line for a
distance of 1,053.09 feet to a 1/2" iron rod found for its Northwest
corner, the Lower Northwest corner of the herein described tract;
THENCE N. 08° 54' 12" E., for a distance of 310.00 feet to a
1/2" iron rod set for the Northwest corner of the herein described
tract;
THENCE S. 74° 18' 46" E., for a distance of 3,536.10 feet to a
1/2" iron rod set for the Northeast corner of the herein described
tract, in the West line of said Panorama Quail Creek Section;
THENCE S. 14° 56' 37" W., along the West line of Panorama Quail
Creek Section for a distance of 2,373.46 feet to the POINT OF
BEGINNING and containing in all 98.655 acres of land.
Tract III (23.69 acres)
Metes and bounds description of all that certain 23.69 acre tract or
parcel of land, lying and being situated in the John McDillon
Survey, A-347, Conroe, Montgomery County, Texas, and being a
portion out of that same 57.98 acre tract conveyed to Wedgewood
Falls, Ltd., as described by deed recorded in Volume 589.10, Page
1036 of the Deed of Records of Montgomery County ("DRMC") and also
being formerly referred to as "Tract III", as depicted on drawing
entitled "Composite Map of 135.750 Acres", said 23.69 acre tract
being more particularly described as follows:
BEGINNING at a 1/2" iron rod found for the northwest corner of this
tract, being also the northwest corner of said 57.98 acre tract, and
lying in the south line of the P.H. Herndon Survey, A-256 and also
being in the south line of the Aaron Pasternak Estate (No Citation);
THENCE N 72° 13' 41" E - 526.41 feet with the said common line to a
plastic capped 1/2" iron (stamped Taggart, RPLS #5676) found for
the northeasterly corner of this tract and being in the westerly
right-of-way line of Longmire Road (variable width ROW), a public
road;
THENCE S 39 ° 52' 51" E - 381.09 feet with the said right-of-way line
to a 1/2" iron rod found for an angel point; said point common with
the Carolyn A. Ditore called 7.4682 acre tract recorded in Volume
192.00 Page 1355 (CCFN9519083) of the said DRMC;
THENCE S 16 ° 58' 57" E - 1,066.76 feet with the said common line to a
plastic capped 1/2" iron (stamped Taggart, RPLS #5676) set for the
southeasterly corner of this tract, a 1/2" iron rod found marking an
east corner of said 57.98 acre tract, and lying in the northwest
right-of-way line of FM 3083 bears S 16 ° 58' 57" E - 865.51 feet;
Thence the following calls across the said 57.98 acre tract:
S 6 ° 52' 19" W- 449.66 feet to a plastic capped 1/2" iron
(stamped Taggart, RPLS # 5676) set for corner;
S 24° 00'13" E - 3.19 feet to a plastic capped 1/2" iron
(stamped Taggart, RPLS # 5676) set for corner;
S 66° 00' 12" W - 120.00 feet to a plastic capped 1/2" (stamped
Taggart, RPLS # 5676) set for corner in the west line of said
57.98 acre tract from which a 1/2" iron rod found for a point
of curvature in the west boundary line of said 57.98 acre
tract bears S 23 ° 59'48" E - 282.79 feet for reference;
Thence the following calls along the said westerly boundary line:
N 23° 59' 48" W - 129.37 feet to a 1/2" iron rod found for an
angle point;
N 36° 28' 06" W- 699.32 feet to a 1/2" iron rod found for an angle
point;
N 14° 51' 50" W- 405.17 feet to a 1/2" iron rod found for an angle
point;
N 09° 18' 12" E- 278.32 feet to a 1/2" iron rod found for an angle
point;
N 18° 07' 05" W- 57.77 feet to the PLACE OF BEGINNING and containing
23.69 acres of land.
Tract IV (31 acres)
Metes and bounds description of all that is certain 35.00 acre tract
or parcel of land, lying and being situated in the John McDillon
Survey, A-347, Conroe, Montgomery County, Texas, and being a
portion out of that same 57.98 acre tract conveyed to Wedgewood
Falls, Ltd., as described by deed recorded in Volume 589.10, Page
1036 of the said DRMC, and also being formerly referred to as "Tract
III", as depicted on a drawing entitled "Composite Map of 135.750
Acres", said 35.00 acre tract being more particularly described as
follows:
BEGINNING at a capped 1/2" iron rod set in the northeast line of
said 57.98 acre tract for the north corner of this tract. A capped
1/2" iron rod found at an angle point in the southwest right-of-way
line of Longmire Road (Variable width ROW), bears N 16° 58' 57" W-
1058.28 feet for reference;
THENCE S 16° 58' 57" E- 873.99 feet with said northeast line to a
capped 1/2" iron found for corner in the northwest right-of-way
line of FM 3083, and being the beginning of a curve to the left;
THENCE in a southwesterly direction for a distance of 447.74 feet
along the arc of said curve (Curve data: central angle = 20° 16' 46",
radius = 1265.00 feet, tangent = 226.24 feet, the chord bears S 26°
44' 49" W- 445.40 feet), to a capped 1/2" iron rod set for end of
said curve and being and angle point in said right-of-way line;
THENCE S 09° 28' 56" W - 201.56 feet with said right-of-way line to a
capped 1/2" iron rod set for angle point;
THENCE S 16° 36' 26" W - 151.34 feet with said right-of-way line to a
capped 5/8" iron rod found for the southeast corner of this tract,
and being also the northeast corner of an 8.23 acre tract, formerly
referred to as "Tract IV" as depicted of said "Composite Map";
THENCE S 72° 08' 32" W- 892.01 feet with the common line between said
57.98 acre tract and said 8.23 acre tract to a 1- 1/4" iron pipe
found for the southwest corner of this tract;
THENCE N 17° 56' 22" W - 935.28 feet with the west line of said 57.98
acre tract to a 1- 1/4" iron pipe found for angle point;
THENCE N 17° 45' 50" W- 282.18 feet to a 1/2" iron rod found for
corner, and being also the east corner of that same 12.65 acre tract
conveyed to Allen Acquisitions, Ltd. as described by deed recorded
in Volume 625.10, Page 128 of the said DRMC, and being in the
southerly boundary line of Wedgewood Golf Course;
THENCE S 60° 51' 46" E - 179.11 feet to a 1/2" iron rod found for
angle point;
THENCE N 81° 11' 43" E - 608.43 feet to a 1/2" iron rod found for
beginning of a curve to the left;
THENCE in the northeasterly direction along a distance of 224.31
feet along the arc of said curve (Curve data: central angle = 105°
36' 21", radius = 121.70 feet, tangent = 160.35 feet, the chord
bears N 28° 31' 35" E - 193.88 feet) to a 1/2" iron rod found for end
of said curve;
THENCE N 23° 59' 48" W - 381.30 feet with the southwest line of said
57.98 acre tract to a capped 1/2" iron rod set for the northwest
corner of this tract, from which a 1/2" iron rod found marking an
angle point in the line of said 57.98 acre tract bears N 23° 59' 48"
W- 30.86 feet;
THENCE N 73° 01' 03" E - 574.69 feet across the said 57.98 acre tract
to the PLACE OF BEGINNING and containing 35.00 acres of land.
Save and Except the following:
Metes and bound description of all that certain 2.33 acre tract or
parcel of land, lying and being situated in the John McDillon
Survey, A - 347, Conroe, Montgomery County, Texas, and being a part
of a called 57.98 acre tract conveyed to Wedgewood Falls, Ltd., and
recorded as County Clerk Film Code No. 2004-05-5312 and Clerk File
No. 5891035 of the Official Public Records of Real Property of
Montgomery County, Texas; said tract being Restricted Commercial
Reserve "D" as graphically depicted on the proposed plat of
Wedgewood Falls, Phase 1; said 2.33 acre tract being more
particularly described as follows:
COMMENCING: at a 5/8" iron rod with cap stamped "Carter & Burgess,
Inc." found for the southeasterly corner of the said 57.98 acre
tract and being in the westerly right-of-way line of FM 3083 (Carter
Moore Drive), being a 180 foot public street as depicted by
right-of-way map prepared by Carter & Burgess, dated August, 1995,
and being an exterior corner; said point being common with a 51.440
acre tract conveyed to 55 ACRE JOINT VENTURE and recorded as Film
Code No. 635-01-0333 of the said Official Records;
THENCE: N 16° 36' 26" E - 170.15 feet (N 15° 50' 40" E Record) along
the said right-of-way line to a plastic capped 1/2" iron rod
(stamped Taggart, RPLS # 5676) set for angle point; a 5/8" iron rod
found with plastic cap stamped "Carter Burgess, Inc." for reference
bears S 13° 01' 11" W - 0.42 feet;
THENCE: N 09° 28' 56" E - 201.56 feet (N 08° 43' 10" E Record) along
the aforementioned right-of-way line to a plastic capped 1/2" iron
rod (stamped Taggart, RPLS # 5676) set for the beginning of a curve
to the right; a 5/8" iron rod found with plastic cap stamped "Carter
Burgess, Inc." for reference bears S 01° 25' 07" W - 0.45 feet;
THENCE: 103.60 feet along the west right-of-way of said FM 3083
being the arc of said curve, in a northeasterly direction (Curve
data: Central Angle = 04° 41' 33", Radius = 1,265.00 feet, Tangent =
51.83 feet, the Long Chord bears N 18° 57' 33" E - 103.57 feet) to a
plastic capped 1/2" iron rod (stamped Taggart, RPLS # 5676) set for
an exterior corner and southeast corner and being the PLACE OF
BEGINNING:
Thence the following six (6) calls across the said 57.98 acre tract:
N 65° 30' 34" W - 202.01 feet to a plastic capped 1/2" iron rod
(stamped Taggart, RPLS # 5676) found for an exterior corner
and the southwest corner;
N 24° 29' 26" E - 185.44 feet to a plastic capped 1/2" iron rod
(stamped Taggart, RPLS# 5676) found for an angle point and an
interior corner;
N 04° 23' 30" W - 190.97 feet to a plastic capped 1/2" iron rod
(stamped Taggart, RPLS # 5676) found for an exterior corner
and the northwest corner;
N 79° 14' 58" E - 48.02 feet to a plastic capped 1/2" iron rod
(stamped Taggart, RPLS # 5676) found for and angle point and
interior corner;
N 75° 26' 16" E - 114.17 feet to a plastic capped 1/2" iron rod
(stamped Taggart, RPLS # 5676) found for an angle point and
interior corner;
N 66° 55' 24" E - 62.16 feet to a plastic capped 1/2" iron rod
(stamped Taggart, RPLS # 5676) found in the northeasterly
line of the said 57.98 acres for an exterior northeast
corner, said point being in the westerly boundary of a 5.7260
acre tract conveyed to James L. Schulze et ux and recorded as
Firm Code No. 0456-00-1454 of the said Official Records;
THENCE: S 16° 58' 57" E - 225.37 feet along the said common boundary
line to a 5/8" iron rod found with plastic cap stamped "Carter
Burgess, Inc." for a common corner of the 57.98 acre tract of the
said 5.7260 acre tract in the northwesterly right-of-way line of FM
3083 and being the beginning of a non-tangent curve to the left; for
reference the radial bearing is S 53° 41' 54" E - 1,265.00 feet;
THENCE: 331.19 feet along the said right-of-way line of said FM 3083
being the arc of said curve, in a southwesterly direction (Curve
data: Central Angle = 15° 00' 03", Radius = 1,265.00 feet, Tangent =
166.55 feet, the Long Chord bears S 28° 44' 04" W - 330.24 feet) to
the PLACE OF BEGINNING, and containing 2.33 acres of land.
And Save and Except the following:
Metes and bounds description of all that certain 1.67 acre
tract or parcel of land, lying and being situated in the John
McDillon Survey, A - 347, Conroe, Montgomery County, Texas,
and being a part of a 57.98 acre tract conveyed to Wedgewood
Falls, Ltd., and recorded as County Clerk Film Code No.
2004-05-5312 and File No. 5891035 of the Official Public
Records of Real Property, Montgomery County, Texas; said
tract being that same Restricted Reserve "E" (Commercial) as
graphically depicted on the proposed plat of Wedgewood Falls,
Phase 1, and being more particularly described as follows:
COMMENCING: at a 5/8" iron rod with cap stamped "Carter &
Burgess, Inc." found for the southeasterly corner of the said
57.98 acre tract and being in the westerly right-of-way line
of FM 3083 (Carter Moore Drive), being a 180 foot public
street as depicted by right-of-way map prepared by Carter &
Burgess, dated August, 1995, and being an exterior corner;
said point being common with a 51.440 acre tract conveyed to
55 ACRE JOINT VENTURE and recorded as Film Code No.
635-01-0333 of the said Official Records;
THENCE: N 16° 36' 26" E - 136.54 feet (N 15° 50' 40" E Record)
along the said right-of-way line to a plastic capped 1/2"
iron rod (stamped Taggart, RPLS # 5676) found for an exterior
corner and the southeast corner of this tract and being the
PLACE OF BEGINNING;
Thence of the following eight (8) calls across the said 57.98
acre tract:
N 70° 59' 21" W - 208.06 feet to a plastic capped 1/2"
iron rod (stamped Taggart, RPLS # 5676) found for the
southwest corner of this tract and being an exterior
corner;
N 16° 36' 26" E - 37.60 feet to a plastic capped 1/2" iron
rod (stamped Taggart, RPLS # 5676) found for an angle
point and interior corner;
N 06° 18' 15" E - 49.79 feet to a plastic capped 1/2" iron
rod (stamped Taggart, RPLS # 5676) found for an angle
point and an interior corner;
N 03° 13' 27" E - 50.35 feet to a plastic capped 1/2" iron
rod (stamped Taggart, RPLS # 5676) found for an angle
point and an exterior corner;
N 11° 43' 43" E - 87.74 feet to a plastic capped 1/2" iron
rod (stamped Taggart, RPLS # 5676) found for and angle
point and an exterior corner;
N 19° 54' 20" E - 41.95 feet to a plastic capped 1/2" iron
rod (stamped Taggart, RPLS # 5676) found for and angle
point and being an exterior corner;
N 24° 29' 26" E - 92.08 feet to a plastic capped 1/2" iron
rod (stamped Taggart, RPLS # 5676) found for the
northwest corner and an exterior corner;
S 65° 30' 34" E - 202.01 feet to plastic capped 1/2" iron
rod (stamped Taggart, RPLS # 5676) set for the northeast
corner and an exterior corner in the westerly
right-of-way line of FM 3083; said point being in a
non-tangent curve to the left; for reference the radial
bearing is S 68° 41' 57" E - 1,265.00 feet;
THENCE: 103.60 feet along the said right-of-way line in a
southwesterly direction along the arc of said curve (Curve
data: Central Angle = 04° 41' 33", Radius = 1,265.00 feet,
Tangent = 51.88 feet, the Long Chord bears S 18° 57' 33" W -
103.57 feet) to a plastic capped 1/2" iron rod (stamped
Taggart, RPLS # 5676) set for the end of said curve and an
interior corner; a 5/8" iron rod with cap stamped "Carter &
Burgess, Inc." found for reference bears S 01° 25' 07" W - 0.45
feet;
THENCE: S 09° 28' 56" W - 201.56 feet (S 08° 43' 10" W Record)
continuing along the said west right-of-way line of FM 3083
to a plastic capped 1/2" iron rod (stamped Taggart, RPLS #
5676) set for an exterior corner and angle point; a 5/8" iron
rod with cap stamped "Carter & Burgess, Inc." found for
reference bears S 13° 01' 11" W - 0.42 feet;
THENCE: S 16° 36' 26" W - 33.61 feet ( S 15° 50' 40" W Record)
continuing along the said right-of-way line to PLACE OF
BEGINNING and containing 1.67 acres of land.
Tract V (4.58 acres)
Metes and bound description of all that certain 4.58 acre
tract of parcel of land, lying and being situated in the John
McDillon Survey, A-347, Conroe, Montgomery County, Texas,
and being a part of a called 51.440 acre tract conveyed to a
55 Acre Joint Venture and recorded in Montgomery County
Clerk's File No. 9000377 of the said Official Records; said
4.58 acre tract being more particularly described as follows:
BEGINNING at a 1" square head bolt for the northwest corner of
the said 51.440 acre tract, and common with the southwest
corner of a called 57.98 acre tract conveyed to Wedgewood
Falls, Ltd. and recorded in Montgomery County Clerk's File
No. 2004-055312 of the said Official Records; said point also
being common with southeast corner of the Lomax 4.8 acre
tract recorded as Montgomery County Clerk's File No. 8605404
of the said DRMC, and also common with the northeast corner of
the E. Bowers, et ux 2.0438 acre tract recorded as Montgomery
County Clerk's File No. 9603445 of the said DRMC; said point
is an exterior corner in the northwest corner of this tract;
THENCE N 72° 08' 32" E - 630.38 feet (N 74° 33' E Record) along
the common line of the 51,440 acre tract and the said 57.98
acre tract, to a plastic capped 1/2" iron rod (stamped
Taggart, RPLS # 5676) found for an exterior corner, and the
northeast corner of this tract;
THENCE S 19° 03' 16" W - 626.46 feet across the said 51.440
acre tract to a plastic capped 1/2" iron rod (stamped
Taggart, RPLS # 5676) found in a southwesterly line of the
said 51.440 acre tract and the northeasterly line of a 2.000
acre tract conveyed to Louis L. Calfee, et ux and recorded in
Volume 433, Page 593 of the said DRMC, for an exterior corner,
and the southeast corner of this tract;
THENCE N 73° 21' 43" W - 308.18 feet (N 70° 54' W Record) to a
plastic capped 1/2" iron rod (stamped Taggart, RPLS 5676)
found for an exterior corner, and the southwest corner of the
said 51.440 acre tract; said point being and the
northeasterly line of a 1.716 acre lot referred to as
Restricted Reserve "A" of Section 1 of the Crouch Subdivision
and recorded in Montgomery County Clerk's File No.
2001-027356 of the said DRMC, and as Sheet 193, Cabinet P of
the Map Record of Montgomery County, Texas, and being the
southwest corner of this tract and the northwest corner of
the said 2.000 acre tract;
THENCE N 17° 52' 57" W - 326.35 feet (N 15° 28' W - 326.15 feet
Record) along the common line of Crouch Subdivision and the
said 51.440 acre tract and continuing along the northeast
boundary line of a 2.0438 acre tract conveyed to E. Vernon
Bowers, et ux and recorded as Montgomery County Clerk's File
No. 9603445 of the said Official Records to the PLACE OF
BEGINNING and containing 4.58 acres.
SECTION 3. (a) The 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
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) 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 are fulfilled
and accomplished.
SECTION 4. (a) Section 8414.106, Special District Local
Laws Code, as added by Section 1 of this Act, takes effect only if
this Act receives a two-thirds vote of all the members elected to
each house.
(b) If this Act does not receive a two-thirds vote of all the
members elected to each house, Subchapter C, Chapter 8414, Special
District Local Laws Code, as added by Section 1 of this Act, is
amended by adding Section 8414.106 to read as follows:
Sec. 8414.106. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(c) This section is not intended to be an expression of a
legislative interpretation of the requirements of Section 17(c),
Article I, Texas Constitution.
SECTION 5. Except as provided by Section 4 of this Act:
(1) 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; and
(2) if this Act does not receive the vote necessary for
immediate effect, this Act takes effect September 1, 2013.