By: Williams S.B. No. 623
(In the Senate - Filed February 18, 2013; February 25, 2013,
read first time and referred to Committee on Intergovernmental
Relations; April 2, 2013, reported favorably by the following
vote: Yeas 5, Nays 0; April 2, 2013, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Montgomery County Municipal Utility
District No. 138; 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 8422 to read as follows:
CHAPTER 8422. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 138
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8422.001. 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. 138.
Sec. 8422.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8422.003. 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. 8422.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 8422.003
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. 8422.005. 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:
(1) a municipal utility district as provided by
general law and Section 59, Article XVI, Texas Constitution; and
(2) Section 52, Article III, Texas Constitution, that
relate to the construction, acquisition, improvement, operation,
or maintenance of macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 8422.006. 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.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8422.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8422.052, directors serve
staggered four-year terms.
Sec. 8422.052. TEMPORARY DIRECTORS. (a) On or after the
effective date of the Act enacting this chapter, 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 temporary directors the five persons
named in the petition. The commission shall appoint as temporary
directors the five persons named in the petition.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8422.003; 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 8422.003 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 8422.003; 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. 8422.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8422.102. 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. 8422.103. AUTHORITY FOR ROAD PROJECTS. Under Section
52, Article III, Texas Constitution, the district may design,
acquire, construct, finance, issue bonds for, improve, operate,
maintain, and convey to this state, a county, or a municipality for
operation and maintenance macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 8422.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
road project must meet all applicable construction standards,
zoning and subdivision requirements, and regulations of each
municipality in whose corporate limits or extraterritorial
jurisdiction the road project is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
project must meet all applicable construction standards, zoning and
subdivision requirements, and regulations of each county in which
the road project is located.
(c) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 8422.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
OR RESOLUTION. 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.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8422.151. ELECTIONS REGARDING TAXES OR BONDS. (a)
The district may issue, without an election, bonds and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 8422.153.
(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.
(c) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
Sec. 8422.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8422.151, 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.
Sec. 8422.153. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8422.201. 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, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 8422.202. 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.
Sec. 8422.203. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other obligations
issued or incurred to finance road projects and payable from ad
valorem taxes may not exceed one-fourth of the assessed value of the
real property in the district.
SECTION 2. The Montgomery County Municipal Utility District
No. 138 initially includes all the territory contained in the
following area:
TRACT 1
Being all that certain tract or parcel of land containing
60.2044 acres of land situated in the Henry Applewhite Survey,
A-50, Conroe, Montgomery County, Texas, out of and a part of a
Called 120 acre tract described in Volume 188, Page 416, MCDR, said
60.2044 acres being more particularly described by metes and bounds
as follows, to wit:
BEGINNING at an Axle found for the Southeast corner of a
certain 35.213 acres of land cited Tract III conveyed by partition
deed to James W. Peoples, et ux described and recorded under
Clerk's File No. 9307782 of the Official Public Records of Real
Property of Montgomery County, Texas (OPRRPMCT), same 35.213 acres
out of and a part of a Called 120 acre tract conveyed in deed to
Surcy Peoples, et al described and recorded in Volume 188, Page 416
of Montgomery County Deed Records (MCDR) said 120 acre South line
located on the recognized Abstract division line between the Henry
Applewhite Survey, A-50 and the Daniel F. Whillden Survey, A-640,
same Axle recognized by local surveyors as the Southeast corner of
the Applewhite Survey and the Northeast corner of said Whillden
Survey and the Northeast corner of a certain 15.950 acre parcel
conveyed to Marcus Koenig et al described and recorded under
C.F. No. 2001-096958, OPRRPMCT, the Northwest corner of The
Woodlands Windsor Lakes Section 5, subdivision map or plat thereof
recorded in Cabinet 'U', Sheet 19 of Montgomery County Map Records
(MCMR), the Southwest corner of the Residue of a 56.9509 acre parcel
described in deed to John D. Hagerman et al recorded under
C.F. No. 2002-051022 and from whence a 1/2" iron rod found under
asphalt pavement along Peoples Road, for the Southwest corner of
said Called 120 acres and the Southwest corner of a certain 31.108
acre tract cited as Tract II (C.F. No. 9307782) bears N 89°55'36" W
a distance of 4353.61 feet (Deed Call West 1511 Varas 188 / 416
MCDR) aforementioned tracts or parcels of land situated in the
Henry Applewhite Survey, A-50, Conroe, Montgomery County, Texas;
THENCE N 89°55'36" W (Deed Call N.89°55'34"W. C.F. No. 9307782 &
Deed Call West 188 / 416 MCDR) departing said 35.213 acre
Southeast corner and along the South line of same, the South line of
aforementioned Called 120 acres and the North line of said Koenig
15.950 acre tract for a distance of 2175.79 feet to a 1/2" iron rod
found for the Southwest corner of said James W. Peoples, et ux
35.213 acres, the Southeast corner of said James W. Peoples, et ux
31.108 acre tract, same located on the Northeast corner of Koenig
Road (60 Ft. Road Easement 599 / 427 MCDR) for a Point on the South
line of the herein described tract;
THENCE N 89°55'36" W (Deed Call N.89°55'34"W. C.F. No. 9307782 &
Deed Call West 188 / 416 MCDR) continuing along said Koenig Road
North line and said 31.108 acre South line for a distance of 1771.34
feet to a 1/2" iron rod with cap scribed 'SR ESTES RPLS 5631' found
for the Southwest corner of the herein described tract, same
situated on the North line of a certain 3.923 acre tract conveyed in
deed to Cecil A Koenig, recorded under C.F. No. 9720350, OPRRPMCT;
THENCE N 00°07'33" E departing said Koenig Road and the South
line of the 31.108 acre tract, severing same parcel for a distance
of 614.95 feet to a 1/2" iron rod with cap scribed 'SR ESTES RPLS
5631' found for the Northwest corner of the herein described tract
on the South line of a certain 32.524 acre tract cited Tract IV
conveyed by Partition Deed to Surcy L. Peoples, Jr., et ux
described and recorded under C.F. No. 9307782, OPRRPMCT;
THENCE S 89°55'29" E (Deed Call S.89°55'34"E. C.F. No. 9307782
OPRRPMCT) along the South line of aforementioned Peoples 32.524
acre Tract IV for a distance of 1770.18 feet to a 1/2" iron rod found
for the Southwest corner of a certain 33.006 acre parcel cited as
Tract V and described in same Partition Deed to Surcy L. Peoples,
Jr., et ux as recorded under C.F. No. 9307782, OPRRPMCT and the
Northwest corner of said 35.213 acre tract, for an inside corner on
the North line of the herein described tract;
THENCE S 89°55'29" E (Deed Call S.89°55'34"W.
C.F. No. 9307782) along the South line of aforesaid Peoples 33.006
acre Tract V for a distance of 891.58 feet to a 1/2" iron rod found
for an inside ell corner of said 35.213 acre tract, for an inside
ell corner of the herein described tract;
THENCE N 00°00'07" E (Deed Call North, 152.73'
C.F. No. 9307782) along a common inside line of aforementioned
35.213 acre and 33.006 acre parcels for a distance of 152.75 feet to
a 1/2" iron rod found for the upper Northwest corner of the herein
described tract;
THENCE S 89°55'34" E (Deed Call S.89°55'34"E., 1282.26'
C.F. No. 9307782) along a South line of aforesaid Tract V and the
North line of said 35.213 acre tract for a distance of 1283.39 feet
to a 1/2" iron rod found for the Northeast corner of the herein
described tract, same sited on the West boundary line of
aforementioned John D. Hagerman et al 56.9509 acre tract recorded
under C.F. No. 2002-051022, OPRRPMCT and from whence a 1/2" iron
rod found for the Northeast corner of said 120 acres, the Northeast
corner of aforesaid Tract V and the recognized Northeast corner of
the Applewhite Survey, A-50 bears N 00°02'47" W a distance of 594.05
feet (Deed Call N 00°05'33" W, 594.33' C.F. No. 9307782);
THENCE S 00°02'47" E (Deed Call South, 188 / 416 MCDR) along
the common East line of aforesaid 35.213 acres and the Residue of
said 56.9509 acre tract for a distance of 767.59 feet to the
Southeast corner and POINT OF BEGINNING of the herein described
tract, in all containing 60.2044 acres (2,622,504 square feet) of
land, more or less.
TRACT 2
Being all that certain tract or parcel of land containing
9.0719 acres of land situated in the Henry Applewhite Survey, A-50,
Conroe, Montgomery County, Texas, out of and a part of a Called 120
acre tract described in Volume 188, Page 416, MCDR, said 9.0719
acres being more particularly described by metes and bounds as
follows, to wit:
BEGINNING at a 1/2" iron rod found under asphalt pavement for
the Southwest corner of a certain 31.108 acres of land cited Tract
II, conveyed by Partition Deed to James W. Peoples, et ux described
and recorded under Clerk's File No. 9307782 of the Official Public
Records of Real Property of Montgomery County, Texas (OPRRPMCT),
same 31.108 acres out of and a part of a Called 120 acre tract
conveyed in deed to Surcy Peoples, et al described and recorded in
Volume 188, Page 416 of Montgomery County Deed Records (MCDR) said
120 acre South line located on the recognized Abstract division
line between the Henry Applewhite Survey, A-50 and the Daniel
F. Whillden Survey, A-640, same located within the used and
occupied right-of-way of Peoples Road and from whence an axle found
for the Southeast corner of said Called 120 acres, the recognized
Southeast corner of the Applewhite Survey bears S 89°55'36" E a
distance of 4353.61 feet ( Deed Call East 1511 Varas 188 / 416 MCDR)
aforementioned tracts or parcels of land situated in the Henry
Applewhite Survey, A-50, Conroe, Montgomery County, Texas;
THENCE N 00°09'09" E (Deed Call North 188 / 416 MCDR) along the
West line of said 31.108 acre tract, the West line of said Called
120 acre Peoples tract and at a distance of 666.91 feet passing a PK
nail in asphalt pavement for the Southwest corner of a certain
0.8665 of one acre parcel described in deed to James W. Peoples
recorded under C.F. No. 9137919, OPRRPMCT and from whence a Texas
Forest Service brass spike found in asphalt pavement bears N
00°08'55" W a distance of 1.58 feet, continuing for a total distance
of 1084.14 feet to a PK nail found in asphalt pavement for the
Northwest corner of the herein described tract, same being the
Northwest corner of a certain 2.09 acre tract described in deed to
James W. Peoples and recorded in Vol. 786, Pg. 47, MCDR and the
Southwest corner of a 2.09 acre tract described in deed to Surcy
L. Peoples, Jr. recorded in Vol. 806, Pg. 248 and from whence a 60D
nail found for the Northwest corner of same parcel bears N 00°09'09"
E a distance of 295.27 feet;
THENCE S 89°56'29" E (Deed Call S.89°56'47"E., 309.55' 786 / 47
MCDR) departing said Called 120 acre West line, along the North line
of said James W. Peoples 2.09 acre tract, the South line of said
Surcy L. Peoples, Jr. 2.09 acre parcel for a distance of 309.54 feet
to a 1-1/4" iron pipe found in the West line of a certain 32.524 acre
tract cited Tract IV conveyed by Partition Deed to Surcy
L. Peoples, Jr., et ux described and recorded under
C.F. No. 9307782, OPRRPMCT, for the upper Northeast corner of the
herein described tract;
THENCE S 00°07'32" W (Deed Call S.00°07'10"W. C.F.
No. 9307782) along the West line of said Peoples 32.524 acre parcel
for a distance of 469.27 feet to a 1/2" iron rod found for the
Southwest corner of same tract and an inside ell corner of
aforementioned James W. Peoples, et ux 31.108 acres, for an ell
corner of the herein described tract;
THENCE S 89°55'29" E (Deed Call S.89°55'34"W. C.F.
No. 9307782) along the South line of said Peoples 32.524 acre
parcel, the North line of said James W. Peoples, et ux 31.108 acres
for a distance of 96.43 feet to a 1/2" iron rod with cap scribed 'SR
ESTES RPLS 5631' found for the lower Northeast corner of the herein
described tract and from whence a 1/2" iron rod found for the
Northeast corner of said 31.108 acre parcel bears S 89°55'29" E a
distance of 1770.18 feet;
THENCE S 00°07'33" W departing said 31.108 acre tract North
line and severing same parcel for a distance of 614.95 feet to a
1/2" iron rod with cap scribed 'SR ESTES RPLS 5631' found for the
Southeast corner of the herein described tract, same situated on
the North line of a certain 3.923 acre tract conveyed in deed to
Cecil A Koenig, recorded under C.F. No. 9720350, OPRRPMCT and
located on the North line of Koenig Road (60 Ft. Road Easement 599 /
427 MCDR);
THENCE N 89°55'36" W along the North line of said Koenig Road
for a distance of 406.48 feet to the Southwest corner and POINT OF
BEGINNING of the herein described tract, in all containing 9.0719
acres (395,173 square feet) of land, more or less.
TRACT 3
Being all that certain tract or parcel of land containing
32.9958 acres of land situated in the Henry Applewhite Survey,
A-50, Conroe, Montgomery County, Texas, out of and a part of a
Called 120 acre tract described in Volume 188, Page 416, MCDR, said
32.9958 acres being more particularly described by metes and bounds
as follows, to wit:
COMMENCING at an Axle found for the Southeast corner of a
certain 35.213 acres of land cited Tract III conveyed by partition
deed to James W. Peoples, et ux described and recorded under
Clerk's File No. 9307782 of the Official Public Records of Real
Property of Montgomery County, Texas (OPRRPMCT), same 35.213 acres
out of and a part of a Called 120 acre tract conveyed in deed to
Surcy Peoples, et al described and recorded in Volume 188, Page 416
of Montgomery County Deed Records (MCDR) said 120 acre South line
located on the recognized Abstract division line between the Henry
Applewhite Survey, A-50 and the Daniel F. Whillden Survey, A-640,
same Axle recognized by local surveyors as the Southeast corner of
the Applewhite Survey and the Northeast corner of said Whillden
Survey and the Northeast corner of a certain 15.950 acre parcel
conveyed to Marcus Koenig et al described and recorded under
C.F. No. 2001-096958, OPRRPMCT, the Northwest corner of The
Woodlands Windsor Lakes Section 5, subdivision map or plat thereof
recorded in Cabinet 'U', Sheet 19 of Montgomery County Map Records
(MCMR), the Southwest corner of the Residue of a 56.9509 acre parcel
described in deed to John D. Hagerman et al recorded under
C.F. No. 2002-051022 and from whence a 1/2" iron rod found under
asphalt pavement along Peoples Road, for the Southwest corner of
said Called 120 acres and the Southwest corner of a certain 31.108
acre tract cited as Tract II (C.F. No. 9307782) bears N 89°55'36" W
a distance of 4,353.61 feet (Deed Call West 1511 Varas 188 / 416
MCDR) aforementioned tracts or parcels of land situated in the
Henry Applewhite Survey, A-50, Conroe, Montgomery County, Texas;
THENCE N 00°02'47" W (Deed Call North 188 / 416 MCDR)
departing said 35.213 acre Southeast corner and along the East line
of same, the East line of aforementioned Called 120 acres same being
the West boundary line of aforementioned John D. Hagerman, et al
parcel for a distance of 767.59 feet to a 1/2" iron rod found for the
Southeast corner of a certain Called 33.006 acre tract cited as
Tract V conveyed in a deed to Surcy L. Peoples, Jr., et ux recorded
under C.F. No. 9307782, OPRRPMCT same monument being the Southeast
corner and POINT OF BEGINNING of the herein described tract;
THENCE N 89°55'34" W (Deed Call N.89°55'34"W., 1282.26'
C.F. No. 9307782 & Deed Call West 188 / 416 MCDR) along the South
line of aforesaid Peoples Called 33.006 acre parcel, the occupied
North line of said Peoples 35.213 acre tract for a distance of
1,283.39 feet to a 1/2" iron rod found for an inside ell corner of
the herein described tract;
THENCE S 00°00'07" W (Deed Call South, 152.73'
C.F. No. 9307782 OPRRPMCT) along an inside boundary line of
aforementioned Peoples Called 33.006 acre parcel, an inside line of
the said Peoples 35.213 acre tract for a distance of 152.75 feet to
a 1/2" iron rod found for an inside ell corner of the herein
described tract;
THENCE N 89°55'29" W (Deed Call N.89°55'34"W., 891.90'
C.F. No. 9307782 OPRRPMCT) continuing along an inside boundary
line of said Tract V, an inside line of aforesaid Peoples 35.213
acre parcel for a distance of 891.58 feet to a 1/2" iron rod found
for the Southeast corner of a certain Called 32.524 acre tract
conveyed in a deed to Surcy L. Peoples, Jr., et ux cited as Tract IV
recorded under the same C.F. No. 9307782, OPRRPMCT for the
Southwest corner of the herein described tract;
THENCE N 00°01'04" E (Deed Call N.00°05'33"W., 755.70'
C.F. No. 9307782 OPRRPMCT) along the East line of aforesaid Tract
IV and the West boundary line of said Tract V, for a distance of
755.34 feet to the South occupied margin of an unimproved road cited
as Johnson-Martin Road (no right-of-way width or dedication found
of record) an angle iron fence post corner found for the occupied
Northwest corner of the herein described tract same being an inside
Southerly boundary line of a portion of the Jones State Forest, a
216.10 acre parcel cited as the First Tract, conveyed in a deed to
the State of Texas / Texas A&M University as recorded in Volume 118,
Page 375 MCDR and from whence a 1/2" iron rod found bears N 00°01'04"
E a distance of 0.19 feet;
THENCE S 89°42'01" E (Deed Call S.89°55'34"E.
C.F. No. 9307782 OPRRPMCT Deed Call N.87°14'53"E. 118 / 375 MCDR)
along a South boundary line of aforesaid 216.10 acre First Tract
for a distance of 2,174.29 feet to a 1/2" iron rod found for the
Northeast corner of the herein described tract same sited on the
South right-of-way line of Schoettle Road (35 Ft. R.O.W.) as
recorded in Cabinet Y, Sheet 56 of Montgomery County Map Records
(MCMR) same point being the Northwest corner of a certain 3.9944
acre tract conveyed in a deed to Kenneth Earl Guinn and Evelyn
Eugenia Martin recorded under C.F. No. 2002-051022, OPRRPMCT;
THENCE S 00°02'46" E (Deed Call S 00°05'33" E, 594.33'
C.F. No. 9307782 Deed Call S 00°07'12" E, C.F. No. 2002-051022
OPRRPMCT Deed Call South, 188 / 416 MCDR) along the common East
line of aforesaid Surcy Peoples, Jr., et ux Tract V and the West
boundary of aforesaid 3.9944 acre tract for a distance of 594.05
feet to the Southeast corner and POINT OF BEGINNING of the herein
described tract, in all containing 32.9958 acres (1,437,299 square
feet) of land, more or less.
TRACT 4
Being all that certain tract or parcel of land containing
54.2960 acres of land situated in the Thomas Toby Survey, A-576,
(Edward Hall Survey, A-576), Conroe, Montgomery County, Texas and
being the Residue of a certain 56.9509 acre tract conveyed in
Warranty Deed from Kenneth Earl Guinn and Evelyn Eugenia Martin to
John D. Hagerman and wife, Linda L. Hagerman and Ronald R. Byrd and
wife, Martha Byrd, described and recorded under Clerk's File
No. 2002-051022 of the Official Public Records of Real Property of
Montgomery County, Texas (OPRRPMCT) and being the same parent tract
of land resurveyed as 56.9659 acres of land by Steven Ray Estes,
RPLS No. 5631 on August 22, 2006 and being that same parcel or tract
of land called 58.4 acres conveyed to Ernest Guinn et ux by deed
recorded in Volume 220, Page 84 of Montgomery County Deed Records
(MCDR) and being further out of Block No. 6 of the R. H. John
Subdivision of the 'Edward Hall Two Surveys', described and
recorded in Vol. 14, Pg. 579, MCDR and Volume 1, Page 6 of
Montgomery County Map Records (MCMR), aforementioned properties
situated in the Thomas Toby Survey, A-576, (Edward Hall Survey,
A-576) said 54.2960 acres being more particularly described by
metes and bounds as follows:
BEGINNING at a 1/2" iron rod with cap found for the southeast
corner of a certain 1.2925 acre parcel of land conveyed to the City
of Conroe from John D. Hagerman and wife, Linda L. Hagerman, and
Martha Byrd, Individually and as the Independent Administrator of
the Estate of Ronald R. Byrd, Deceased, cited as Tract 1 Guinn Road
Extension described and recorded under C.F. No. 2006-122795,
OPRRPMCT, same sited on the east line of aforementioned 56.9509
acre Hagerman et al tract, the east line of a 40 Ft. Roadway
described in 14 / 579, MCDR and 1 / 6, MCMR and the west line of a
certain 17.308 acre parcel conveyed to Western Rim Investors
2002-1, L.P. described and recorded under C.F. No. 2002-063325,
OPRRPMCT and from whence a 1/2" iron rod found for the northeast
corner of said Hagerman et al 56.9509 acres bears N 00°32'59" W a
distance of 35.00 feet, and located 4.26 feet Southeast from the
occupied north line of Guinn Road (No Dedicated R.O.W. Found of
Record), for the northeast corner of the herein described tract;
THENCE S 00°32'59" E (Deed Call S.00°33'10"E.
C.F. No. 2002-051022 OPRRPMCT) along the east line of
aforementioned Hagerman et al 56.9659 acre tract and west line of
said Western Rim Investors 2002-1, L.P. parcel and east line of the
40 Ft. Roadway for a distance of 1311.74 feet to a 5/8" iron rod
found for the southeast corner of the 56.9659 acres and sited on the
north line of a certain Residue of 3888.76 acres conveyed to
Woodlands Land Development, L.P. described under C.F. No. 9747722,
OPRRPMCT and situated on the Abstract division line of the Thomas
Toby Survey, A-576 and the James McCambridge Survey, A-390, for the
southeast corner of the herein described tract;
THENCE S 89°42'01" W (Deed Call S.89°41'03"W., 1965.38'
C.F. No. 2002-051022) along the south line of aforementioned
Hagerman et al 56.9659 acre tract and the south line of the Thomas
Toby Survey, A-576 for a distance of 1965.35 feet to an axle found
for the northwest corner of The Woodlands Windsor Lakes Section 5,
map or plat thereof recorded in Cabinet 'U', Sheet 19 of Montgomery
County Map Records (MCMR), the northeast corner of a certain 15.950
acre tract conveyed in deed to Cecil A. Koenig described and
recorded in 599 / 407, MCDR, the southeast corner of the James
W. Peoples 35.213 acre tract described under C.F. No. 9307782,
OPRRPMCT, the common southwest corner of aforementioned Hagerman et
al 56.9659 acres and the herein described tract, said axle
recognized by cartographers and accepted by local surveyors as the
Four Corners of the James McCambridge Survey, A-390, the Daniel
F. Whildon Survey, A-640, the Henry Applewhite Survey, A-50 and the
Thomas Toby Survey, A-576;
THENCE N 00°10'28" W (Deed Call N.00°11'26"E., 861.45'
C.F. No. 2002-051022) departing said Four Corners axle and along
the east line of said Peoples 35.213 acre tract and west line of
said Hagerman 56.9659 acres for a distance of 861.64 feet to a 60D
nail found for the lower northwest corner of the herein described
tract of land, same being the southwest corner of a 3.9944 acre
Out-Tract parcel described by metes and bounds to Kenneth Earl
Guinn and Evelyn Eugenia Martin (herein cited as the Guinn-Martin
tract) under aforementioned C.F. No. 2002-051022, same 60D nail
sited on the east line of a certain 33.006 acre tract conveyed in
deed to Surcy L. Peoples described under C.F. No. 9307782,
OPRRPMCT;
THENCE S 89°51'47" E (Deed Call S.89°51'47"E., 348.00'
C.F. No. 2002-051022) along an inside line of said Hagerman 56.9659
acre parcel and south line of said Guinn-Martin tract for a distance
of 348.00 feet to a 1/2" iron rod found for the southeast corner of
same 3.9944 acre tract and an inside corner of the herein described
tract;
THENCE N 00°10'28" W (Deed Call N.00°11'26"E.
C.F. No. 2002-051022) along the east line of aforementioned
Guinn-Martin tract and upper west line of said 56.9659 acre parcel
and at a distance of 82.16 feet crossing the south line of a Called
4.00 acre tract described in 960 / 554, MCDR to Evelyn Eugenia
Martin and husband, Eugene L. Martin continuing for a total
distance of 165.00 feet to a 5/8" iron rod with cap found for the
southwest corner of a certain 1.3774 acre tract cited as Tract 2
(Water Well Site) conveyed to the City of Conroe described under
C.F. No. 2006-122795, OPRRPMCT, for an inside corner of the herein
described tract;
THENCE S 89°51'47" E (Deed Call S.89°51'47"E., 200.00'
C.F. No. 2006-122795) departing aforementioned 3.9944 acre east
line and upper west line of the Hagerman et al 56.9659 acre parcel
and along the south line of the City of Conroe 1.3774 acres for a
distance of 200.00 feet to a 5/8" iron rod with cap found for the
southeast corner of same 1.3774 acres, for an inside corner of the
herein described tract;
THENCE N 00°10'28" W (Deed Call N.00°11'26"W., 300.00'
C.F. No. 2006-122795) along the east line of aforementioned City of
Conroe 1.3774 acre tract for a distance of 300.00 feet to a 5/8"
iron rod with cap found for the northeast corner of same 1.3774
acres and sited on the south line of aforementioned City of Conroe
1.2925 acre Tract 1 (Guinn Road Extension) for the upper northwest
corner of the herein described tract;
THENCE S 89°51'47" E (Deed Call S.89°51'47"E.
C.F. No. 2006-122795) along the south line of said City of Conroe
1.2925 acre Tract 1 for a distance of 1408.79 feet to the northeast
corner and POINT OF BEGINNING of the herein described tract, in all
containing 54.2960 acres (2,365,136 square feet) of land, more or
less.
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) If this Act does not receive a two-thirds
vote of all the members elected to each house, Subchapter C, Chapter
8422, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 8422.106 to read as follows:
Sec. 8422.106. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(b) This section is not intended to be an expression of a
legislative interpretation of the requirements of Subsection (c),
Section 17, Article I, Texas Constitution.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.
* * * * *