By: Creighton S.B. No. 2064
(In the Senate - Filed April 24, 2015; April 27, 2015, read
first time and referred to Committee on Intergovernmental
Relations; May 6, 2015, reported favorably by the following vote:
Yeas 4, Nays 0; May 6, 2015, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Montgomery County Municipal Utility
District No. 153; 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 7954 to read as follows:
CHAPTER 7954. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 153
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7954.001. 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. 153.
Sec. 7954.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 7954.003. 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. 7954.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 7954.003
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. 7954.005. 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. 7954.006. 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. 7954.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 7954.052, directors serve
staggered four-year terms.
Sec. 7954.052. 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 7954.003; 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 7954.003 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 7954.003; 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. 7954.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 7954.102. 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. 7954.103. 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. 7954.104. 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,
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. 7954.105. 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.
Sec. 7954.106. DIVISION OF DISTRICT. (a) The district may
be divided into two or more new districts only if the district:
(1) has no outstanding bonded debt; and
(2) is not imposing ad valorem taxes.
(b) This chapter applies to any new district created by the
division of the district, and a new district has all the powers and
duties of the district.
(c) Any new district created by the division of the district
may not, at the time the new district is created, contain any land
outside the area described by Section 2 of the Act enacting this
chapter.
(d) The board, on its own motion or on receipt of a petition
signed by the owner or owners of a majority of the assessed value of
the real property in the district, may adopt an order dividing the
district.
(e) The board may adopt an order dividing the district
before or after the date the board holds an election under Section
7954.003 to confirm the district's creation.
(f) An order dividing the district must:
(1) name each new district;
(2) include the metes and bounds description of the
territory of each new district;
(3) appoint temporary directors for each new district;
and
(4) provide for the division of assets and liabilities
between or among the new districts.
(g) On or before the 30th day after the date of adoption of
an order dividing the district, the district shall file the order
with the commission and record the order in the real property
records of each county in which the district is located.
(h) Any new district created by the division of the district
shall hold a confirmation and directors' election as required by
Section 7954.003.
(i) Municipal consent to the creation of the district and to
the inclusion of land in the district granted under Section
7954.004 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.
(j) Any new district created by the division of the district
must hold an election as required by this chapter to obtain voter
approval before the district may impose a maintenance tax or issue
bonds payable wholly or partly from ad valorem taxes.
(k) If the creation of the new district is confirmed, the
new district shall provide the election date and results to the
commission.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 7954.151. 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 7954.153.
(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. 7954.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 7954.151, 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. 7954.153. 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. 7954.201. 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. 7954.202. 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. 7954.203. 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. 153 initially includes all the territory contained in the
following area:
PARCEL 1(274.908 ACRES)
All that certain tract or parcel of land situated in the
William Bryan Survey, Abstract Number 108 and the T.A. & Helen
McWhorter Survey, Abstract Number 800, in Montgomery County, Texas
and being the West one-half of that certain 550 acres as described
in Deed to Selected Lands, LTD, #12, recorded In Volume 822, Page
932 of the Montgomery County Deed Records; said West one-half being
more particularly described by metes and bounds as follows with all
bearings referenced to said Deed and particularly, the North line
of the T.A. & Helen McWhorter Survey, common to the South line of
the John Sealy Survey, Abstract Number 758:
COMMENCING at a 5/8 inch iron rod, found for the Northeast
corner of the 550 acres and a corner of that certain M1SSTEX
PROPERTIES, L.C. tract as described in Deed recorded under Clerk's
File Number 9754357 and 9613250 of the Montgomery County Real
Property Records and being further located at the Northeast corner
of the T.A. & Helen McWhorter Survey, the Southeast corner of the
John Sealy Survey, in a West line of the Archibald Hodge Survey,
Abstract Number 18;
THENCE South 89°55'54" West, a distance of 2,248.60 feet along
the North line of the 550 acre tract and the common line of the T.A. &
Helen McWhorter Survey and the John Sealy Survey, to a 2 inch PVC
survey monument with cap, set for the Northeast corner and the POINT
OF BEGINNING of the herein described tract;
THENCE South 00°02'42" West, a distance of 5,323.70 feet,
severing the 550 acres and the T.A. & Helen McWhorter Survey and
severing the William Bryan Survey, to a 2 Inch PVC survey monument
with cap, set for the Southeast corner of the herein described
tract, In the South line of the 550 acres and located in the North
line of Tract 21, Lake Creek Ranchettes, Section 3, an unrecorded
survey, described in Deed recorded in Volume 1022, Page 732 of the
Montgomery County Deed Records;
THENCE North 89°57'18" West, along the South line of the 550
acres and the North line of Tract 20, recorded In Volume 1020, Page
782 of the Montgomery County Deed Records, Tract 13 as described
under Clerk's File Number 9748545 of the Montgomery County Real
Property Records, and Tract 12, recorded In Volume 1004, Page 653 of
the Montgomery County Deed Records, a distance of 2,153.52 to a
point in a pond for the Southwest corner of the herein described
tract, in the Southerly West line of the 550 acre and the West line
of the William Bryan Survey, common to the East line of the T.J.
Nicholas Survey, Abstract Number 397, at the Northwest corner of
Lake Creek Ranchettes, Section 3, a 210.784 acre unrecorded
subdivision described in Volume-990; Page 238 of the Montgomery
County Deed Records and being in the East line of a 181.6617 acre
tract as recorded in Volume 990, Page 6 of the Montgomery County
Deed Records and called Lake Creek Ranchettes, Section 2, an
unrecorded subdivision;
THENCE 00°08'56" West, a distance of 117.54 feet along the
West line of the 550 acres and the common line of William Bryan
Survey and the T.J. Nicholas Survey, and the East line of Tract 18,
Lake Creek Ranchettes, Section 2, as described in Volume 1027, Page
98 of the Montgomery County Deed Records, to a point in a pond, for
an angle point in the Southerly West of the 550 acres, at the
Southeast corner of that certain 150 acres as referenced in Volume
209, Page 346, and Volume 273, Page 279 of the Montgomery County
Deed Records;
THENCE North 00°00'50" West, a distance of 2,517.31 feet
continuing along the West line of the 550 acres and the common line
of the William Bryan Survey and the T.J. Nicholas Survey and the
East line of the 150 acres, to a bent one inch iron pipe, found for
an angle point (controlling Monument) and the Northeast corner of
the 150 acre tract and Southeast corner of that certain 30.045 acre
tract as described under Clerk's File Number 9738509 of the
Montgomery County Real Property Records and being the Southeast
corner of a 60 foot wide road easement as described in Grant of
Right-Of-Way Easement recorded In Volume 828, Page 737 of the
Montgomery County Deed Records;
THENCE North 00°38'09" West, a distance of 1,231.99 feet along
the West line of the 550 acres (Deed call: South 00'38'51" East, a
distance of 1,234.16 feet) and the East of the 30.045 acre tract
(Deed call: South 01°01'20" East, a distance of 1,232.24 feet) and
along the common of the William Bryan Survey and the T.J. Nicholas
Survey, to a 1/2 Inch Iron rod, found for an Interior corner of the
550 acres and the Northeast corner of the 30.045 acre tract and
being the occupied Westerly Southeast corner of the T.A. & Helen
McWhorter Survey and the T.J. Nicholas Survey Northeast corner, in
the West line of the William Bryan Survey;
THENCE North 89°48'20" West, a distance of 335.04 feet along
the Northerly South line of the 550 acres (Deed call: South
87'58'52" East, a distance of 334.75 feet) and the North line of
30.045 acres (Deed call: South 88° 07'31" East, 333.78 feet), along
the North of the T.J. Nicholas Survey, to a one inch pinched top
iron pipe, found for the most Northerly Southwest corner of the 550
acres and a corner of the MISSTEX PROPERTIES, L.C. and the called
for Southwest corner of the T.A. & Helen McWhorter Survey and the
Southeast corner of the Matthew Cartwright Survey, Abstract Number
135;
THENCE North 00°49'30" East, a distance of 1,453.18 feet along
the most Westerly line of the 550 acres (Deed call: 1,442.46 feet)
to a 2 inch PVC survey monument with a cap, set for the Northwest
corner of the 550 acres and the T.A. & Helen McWhorter Survey;
THENCE South 89°31'29" East, a distance of 199.82 feet along
the North line of the 550 acres (Deed call: 199.11 feet) to a 5/8
inch iron rod with a survey cap, set for an angle point in the North
line of the 550 acre and the Southwest corner of the John Sealy
Survey in the North line of the T.A. & Helen McWhorter Survey;
THENCE North 89°55'54" East, a distance of 2,286.60 feet along
the North line of the 550 acre tract and the common line of the T.A. &
Helen McWhorter Survey and the John Sealy Survey, back to the
Point of Beginning and containing 274.908 acres of land.
PARCEL 2 (138.586 ACRES)
All that certain tract or parcel of land situated in the
William Bryan Survey, Abstract Number 108 and the T.A. & Helen
McWhorter Survey, Abstract Number 800, in Montgomery County, Texas
and being the East one-half of that certain 550 acres as described
in Deed to Selected Lands, LTD, #12, recorded in Volume 822, Page
932 of the Montgomery County Deed Records; said East one-half being
more particularly described by metes and bonds as follows with all
bearings referenced to said Deed and particularly, the North line
of the T.A. & Helen McWhorter Survey, common to the South line of
the John Sealy Survey, Abstract Number 758:
BEGINNING at a 5/8 in Iron rod, found for the Northeast corner
of the 550 acres and a corner of that certain MISSTEX PROPERTIES,
L.C. tract as described to Deed recorded under Clerk's File Number
9754357 and 9813250 of the Montgomery County Real Property Records
and being further located at the Northeast corner of the T.A. &
Helen McWhorter Survey, the Southeast corner of the John Sealy
Survey, in a West line of the Archibald Hodge Survey, Abstract
Number 18;
THENCE South 00°30'50" West, along the West line of the
Archibald Hodge Survey and the East line T.A. & Helen McWhorter
Survey and the William Bryan Survey, a distance of 1,573.41 feet
along the East line of the 550 acre tract (Deed call: North 00°
29'02" East, a distance of 1,586.38 feet to a 5/8 Inch iron rod with
a survey cap, set for an angle point and being the Northwest corner
of the P. O. Bundy 175.54 acre tract as described in Volume 32, Page
240 of the Montgomery County Deed Records and being a Southwest
corner of the MISSTEX PROPERTIES, L.C. tract;
THENCE South 00°18'51" West, a distance of 1,925.77 along the
East line of the 560 acres and West line of the Archibald Hodge
Survey, common to the East line of the William Bryan Survey, to a 2
Inch PVC survey monument with cap, set for an interior corner of the
herein described tract and the Southwest corner of the Bundy tract;
THENCE North 89°45'00" East, a distance of 37.97 feet along
the Easterly North line of the 550 acres and the South line of the
Bundy tract to a 1/2 inch Iron rod, found for the Northwest corner
of that certain 1140.054 acre tract as described in Volume 675, Page
317 of the Montgomery County Deed Records and called The
Wilderness, an unrecorded subdivision; said corner being the
Northwest corner of Tract 113 of The Wilderness, described under
Clerk's File Number 9246301 of the Montgomery County Real Property
Records;
THENCE South 00°24'62' East, a distance of 1,829.30 feet along
the common line of the Archibald Hodge Survey and the William Bryan
Survey, the East line of the 550 acres and the West line Tract 113,
Tract 112, recorded under Clerk's File Number 9144467 of the
Montgomery County Real Properly Records, Tract 911, recorded under
Clerk's File Number 9438370 of the Montgomery County Real Property
Records, Tract 110, Tract 80, Tract 81 North recorded under Clerk's
File Number 9168932 of the Montgomery County Real Property Records,
tract 81 South recorded under Clerk's File Number 9537698 of the
Montgomery County Real Property Records and Tract 96-A recorded
under Clerk's File Number 8448618 of the Montgomery County Real
Property Records, to a 2 inch PVC survey monument with a cap, set
for the Southeast corner of the 650 acres and the Northeast corner
of Lake Creek Ranchettes, Section 3, a 210.784 acre unrecorded
subdivision described in Volume 990, Page 238 of the Montgomery
County Deed Records and being the Northeast corner or Tact 32
recorded under Clerk's File Number 8643388 of the Real Property
Records of Montgomery County, Texas;
THENCE North 89°57'10" West, a distance of 2,279.32 feet
severing the William Bryan Survey along the South line of the 550
acres and the North line of Lake Creek Ranchettes, Section 3, Tract
32, Tract 31, Tract 30 recorded under Clerk's File Number 8737294 of
the Real Property Records, Tract 29 recorded under Clerk's File
Number 8603634 of the Real Property Records, Tract 28 recorded
under Clerk's File Number 8119625 of the Real Property Records, and
Tract 21 recorded in Volume 9022,_ Page 732 of the Montgomery County
Deed Records, to a 2 inch PVC survey monument with cap, set for the
Southwest earner of the herein described tract of land;
THENCE North 00°02'42" East, a distance of 5,323.70 feet,
severing the 550 acres and the William Bryan Survey and the TA &
Helen McWhorter Survey, to a 2 inch PVC survey monument with cap,
set for the Northwest corner of the herein described tract in the
North fine of the 550 acres and the common line of the T.A. & Helen
McWhorter Survey and the John Sealy Survey;
THENCE North 89°55'54" East, a distance of 2,248.50 feet along
the North line of the 850 acre tract and the common line or the T.A. &
Helen McWhorter Survey and the John Sealy Survey, back to the
Point of Beginning and containing 274.908 acres of land.
SAVE AND EXCEPT a 136.322 acre tract of land conveyed by
Warranty Deed recorded under Clerk's File No. 2009-105746 of the
Real Property Records of Montgomery County, Texas and being more
particularly described by metes and bounds description contained
therein.
PARCEL 3 (136.322 ACRES)
All that certain tract or parcel of land situated In the
William Bryan Survey, Abstract Number 108, in Montgomery County,
Texas and being the Southerly 136.322 acres of land out of and a
part of the East one-half of that certain 550 acres as described in
Deed to Selected Lands, LTD, #12, recorded in Volume 822, Page 932
of the Montgomery County Deed Records; said 136.322 acres being
more particularly described by metes and bonds as follows with all
bearings referenced to said Deed and particularly, the North line
of the T.A. & Helen McWhorter Survey, common to the South line of
the John Sealy Survey, Abstract Number 758:
COMMENCING at a 5/8 in Iron rod, found for the Northeast
corner of the 550 acres and a corner of that certain MISSTEX
PROPERTIES, L.C. tract as described to Deed recorded under Clerk's
File Number 9754357 and 9813250 of the Montgomery County Real
Property Records and being further located at the Northeast corner
of the T.A. & Helen McWhorter Survey, the Southeast corner of the
John Sealy Survey, in a West line of the Archibald Hodge Survey,
Abstract Number 18;
THENCE South 00°30'50" West, along the West line of the
Archibald Hodge Survey and the East line T.A. & Helen McWhorter
Survey and the William Bryan Survey, a distance of 1,573.41 feet
along the East line of the 550 acre tract (Deed call: North 00°
29'02" East, a distance of 1,586.38 feet to a 5/8 Inch iron rod with
a survey cap, set for an angle point and being the Northwest corner
of the P. O. Bundy 175.54 acre tract as described in Volume 32, Page
240 of the Montgomery County Deed Records and being a Southwest
corner of the MISSTEX PROPERTIES, L.C. tract;
THENCE South 00°18'51" West, a distance of 1,925.77 along the
East line of the 560 acres and West line of the Archibald Hodge
Survey, common to the East line of the William Bryan Survey, to a 2
Inch PVC survey monument with cap, set for an interior corner of the
550 acres and the POINT OF BEGINNING of the herein described tract
and the Southwest corner of the Bundy tract;
THENCE North 89°45'00" East, a distance of 37.97 feet along
the Easterly North line of the 550 acres and the South line of the
Bundy tract to a 1/2 inch Iron rod, found for the Northwest corner
of that certain 1140.064 acre tract as described in Volume 875, Page
317 of the Montgomery County Deed Records and called The
Wilderness, an unrecorded subdivision; said corner being the
Northwest corner of Tract 113 of The Wilderness, described under
Clerk's File Number 9248301 of the Montgomery County Real Property
Records;
THENCE South 00°24'52" East, a distance of 1,829.30 feet along
the common line of the Archibald Hodge Survey and the William Bryan
Survey, the East line of the 550 and the West line Tract 113, Tract
112, recorded under Clerk's File Number 9144467 of the Montgomery
County Real Property Records, Tract 111, recorded under Clerks File
Number 9436370 of the Montgomery County Real Property Records,
Tract 110, Tract 80, Tract 81 North recorded under Clerk's File
Number 9158932 of the Montgomery County Real Property Records, 81
South recorded under Clerk's File Number 9637695 of the Montgomery
County Real Property Records and Tract 90-A recorded under Clerk's
File Number 8448018 of the Montgomery County Real Property Records,
to a 2 inch PVC survey monument with a cap, set for the Southeast
corner of the herein described tract and the 550 acres and the
Northeast corner of Lake Creek Ranchettes, Section 3, a 210.784
acre unrecorded subdivision described in Volume 990, Page 238 of
the Montgomery County Deed Records and being the Northeast corner
or Tract 32 recorded under Clerk's File Number 8643385 of the Real
Property Records of Montgomery County, Texas;
THENCE North 89°57'18" West, a distance of 2,279.32 feet
severing the William Bryan Survey along the South line of the 550
acres and the North line of Lake Creek Ranchettes, Section 3, Tract
32, Tract 31, Tract 30 recorded under Clerk's File Number 8737294 of
the Real Property Records, Tract 29 recorded under Clerk's File
Number 8603634 of the Real Property Records, Tract 28 recorded
under Clerk's File Number 8119525 of the Real Property Records, and
Tract 21 recorded in Volume 1022, Page 732 of the Montgomery County
Deed Records, to a 2 inch PVC survey monument with cap, set for the
Southwest corner of the herein described tract of land;
THENCE North 00°02'42" East, a distance of 2,651.04 feet,
severing the 550 acres and the William Bryan Survey to a 5/8 inch
iron rod, set forth the Northwest corner of the herein described
tract;
THENCE South 89°57'18" East, a distance of 2,170.54 feet,
severing the 550 acre and the William Bryan Survey to a 5/8 inch
iron rod, set forth the Northeast corner of the herein described
treat;
THENCE South 00°18'51" West, a distance of 820.57 feet,
severing the 550 acres and the William Bryan Survey to a 5/8 inch
iron rod, set for an interior corner of the herein described tract;
THENCE South 88°33'47" East, a distance of 59.36 feet severing
the 550 acres to a 5/8 inch iron rod, set for an angle point;
THENCE North 89°45'00" East, a distance of 00.85 feet beck to
the Point of Beginning, and containing 136.322 acres of land.
PARCEL 4 (1.761 ACRES)
Being 1.761 acres of land out of and a part of Tract 113, of
The Wilderness, an unrecorded subdivision of 1140.054 acres of
land, situated in the Archibald Hodge Survey, Abstract Number 18,
in Montgomery County, Texas; Tract 113, called 6.733 acres,
recorded under Clerk's File Number 9246301 of the Montgomery County
Real Property Records; said 1.761 acres being the North 60.00 feet
of Tract 113 and being more particularly described by metes and
bounds as follows:
BEGINNING at a 1/2 inch iron rod, found for the Northwest
corner of Tract 113 and being a Southerly Northeast corner of that
certain 550 acres as described in Volume 822, Page 932 of the
Montgomery County Deed Records, located at a common corner of the
Archibald Hodge Survey and the William Bryan Survey, Abstract
Number 108, Montgomery County, Texas;
THENCE North 89°41'00" East, a distance of 1,288.86 feet along
the North line of Tract 113 and The Wilderness, common to the South
line of the P.O. Bundy 178.54 acre tract as described in Volume 32,
Page 240 of the Montgomery County Deed Records, to a 5/8 inch iron
rod with survey cap, set for the Northeast corner of the, herein
described tract and the Northeast corner of Tract 113, in the center
of a 35 foot wide Trunkline Gas Company Easement, same being the
center of a 60 foot wide Road Easement;
THENCE South 18°54'00" West, a distance of 63.54 feet along
the East line of Tract 113 and the common center line of the
Trunkline Gas Company Easement and 60 foot Road Easement, to a 5/8
inch iron rod with survey cap, set for the Southeast corner of the
herein described tract;
THENCE South 89°41'00" West, a distance of 1,267.84 feet,
parallel and 60.00 feet South of the North tine of Tract 113,
severing Tract 113, to a 5/8 inch iron rod with survey cap, set for
the Southwest corner of the herein described tract in the West line
of Tract 113 and the East line of the 550 acres, common to the West
line of the Archibald Hodge Survey and the East line of the William
Bryan Survey;
THENCE North 00°24'52" West, a distance of 60.00 feet along
the West line of Tract 113 and the East line of the 550 acres, along
the aforesaid common survey line, back to the Point of Beginning and
containing 1.761 acres of land.
PARCEL 5 (4.21 ACRES MORE OR LESS)
Being a parcel of land out of Lot 114, said Lot being out of a
1140.064 acre tract recorded in Volume 675, Page 317 of the
Montgomery County Deed Records, in the Archibald Hodge Survey,
Abstract Eighteen (18) Montgomery County, Texas, said parcel being
described by metes and bounds as follows:
BEGINNING at a 1/2 inch iron rod found generally in the center
of an existing dirt road and marking the Northwest corner of Lot
114;
THENCE North 89 degrees 33 minutes 26 seconds East, with the
North line of Lot 114, 298.30 feet to a 1/2 inch iron rod set marking
the Northeast corner;
THENCE South 00 degrees 44 minutes 06 seconds East, at 403.88
feet pass a 1/2 inch iron rod set on the North line of an existing
road, continue a total distance of 463.88 feet to a 1/2 inch iron
rod set on the North line of Lot 115 and marking the Southeast
corner;
THENCE with said North line South 89 degrees 15 minutes 55
seconds West at 453.52 feet pass a 5/8 inch iron rod found on the
East line of an Existing Roadway Easement, continue a total
distance of 485.52 feet to a 1/2 inch rod set generally in the
centerline of an existing dirt road;
THENCE North 19 degrees 15 minutes 55 seconds East and
generally with a dirt road 171.60 feet;
THENCE North 22 degrees 12 minutes 06 seconds East and
generally with a dirt road 327.19 feet;
THENCE with said road North 19 degrees 04 minutes 24 seconds
East a distance of 3.00 feet to the POINT OF BEGINNING and
containing 4.21 acres more or less.
PARCEL 6 (173.21 ACRES)
Being a 173.21 acre tract of land situated in the James Hodge
4,428.4 acre Survey, Abstract No. 19, Montgomery County, Texas,
being a portion of that certain tract of land described as Tract
Three in a Deed of Trust dated April 29, 1996, as recorded in
Instrument No. 9628673, Deed Records of Montgomery County, and
being more particularly described by metes and bounds as follows:
BEGINNING at a found 3/4-inch iron rod at the southeast
corner of that certain tract of land described in deed as Tract I to
Woodforest Partners, L.P., as recorded in Instrument
No. 2006-103723, said Deed Records, said iron rod being on the
common line of said Tract Three and that certain tract of land
described in deed as Parcel 2 to Madeley Interests Ltd. I, as
recorded in Instrument No. 2002-015839, said Deed Records;
THENCE South 00° 33' 49" West, passing a set 1/2-inch iron rod
at a distance of 3,434.90 feet and continuing a total distance of
3,494.77 feet along the common line of said Tract Three and said
Parcel 2 to the common east corner of said Tract Three and Lake
Creek Forest, Section One, according to the plat thereof recorded
in Cabinet C, Sheets 31A-33A, Map Records of Montgomery County,
being in Lake Creek;
THENCE generally along said Lake Creek the following 52
courses:
1) South 49° 14' 03" West (basis of bearing from said plat
C/31A-33A) - 364.43 feet;
2) South 70° 05' 56" West - 270.32 feet;
3) South 57° 24' 12" West - 173.95 feet;
4) North 76° 23' 22" West - 168.26 feet;
5) North 61° 15' 29" West - 265.55 feet;
6) North 80° 21' 33" West - 66.49 feet;
7) South 70° 47' 27" West - 53.64 feet;
8) South 12° 28' 42" West - 115.99 feet;
9) South 68° 14' 15" West - 172.11 feet;
10) South 81° 20' 51" West - 61.44 feet;
11) North 63° 24' 34" West - 152.09 feet;
12) North 20° 39' 05" West - 223.70 feet;
13) North 59° 57' 17" West - 55.03 feet;
14) North 76° 38' 02" West - 159.91 feet;
15) North 51° 03' 14" West - 82.53 feet;
16) North 23° 57' 47" West - 161.33 feet;
17) North 04° 09' 45" West - 103.36 feet;
18) South 69° 20' 58" East - 126.86 feet;
19) North 89° 22' 37" East - 97.41 feet;
20) North 05° 59' 38" West - 88.89 feet;
21) North 45° 27' 36" West - 102.46 feet;
22) North 83° 46' 16" West - 185.35 feet;
23) North 87° 40' 55" West - 102.63 feet;
24) North 50° 52' 10" West - 332.92 feet;
25) North 76° 27' 35" West - 114.14 feet;
26) South 89° 06' 30" West - 256.93 feet;
27) South 54° 21' 29" West - 97.81 feet;
28) South 63° 14' 00" West - 228.88 feet;
29) South 35° 20' 05" West - 203.54 feet;
30) South 82° 55' 04" West - 209.92 feet;
31) South 88° 41' 56" West - 98.88 feet;
32) South 21° 54' 36" West - 132.61 feet;
33) South 23° 38' 11" East - 268.68 feet;
34) South 41° 47' 46" West - 184.93 feet;
35) South 89° 25' 53" West - 365.93 feet;
36) South 62° 05' 48" West - 154.78 feet;
37) South 16° 16' 58" East - 49.08 feet;
38) South 73° 08' 19" East - 166.65 feet;
39) South 29° 52' 30" East - 189.24 feet;
40) South 33° 51' 13" West - 85.14 feet;
41) South 86° 56' 06" West - 102.64 feet;
42) South 54° 02' 15" West - 134.22 feet;
43) South 30° 47' 37" East - 123.85 feet;
44) South 69° 21' 03" East - 164.23 feet;
45) South 06° 15' 12" West - 105.83 feet;
46) South 65° 14' 29" West - 229.22 feet;
47) South 44° 22' 17" West - 332.47 feet;
48) South 10° 56' 34" East - 118.73 feet;
49) South 49° 38' 42" East - 228.84 feet;
50) South 00° 34' 09" East - 132.36 feet;
51) South 49° 50' 23" West - 186.11 feet;
52) North 69° 14' 38" West - 265.77 feet to the common west
corner of aforesaid Tract Three and aforesaid Lake Creek Forest
addition;
THENCE North 00° 35' 07" East along the west line of said Tract
Three, passing a set 1/2-inch iron rod at a distance of 355.96 feet,
passing the southeast corner of that certain tract of land
described seventh in a Partition Deed dated May 27, 1998, as
recorded in Instrument No. 9843646, aforesaid Deed Records, at a
distance of 773.62 feet and continuing along the common line of said
Tract Three and said Partition Deed, passing the common east corner
of said Partition Deed and that certain tract of land described in
deed to Woodforest Partners, L.P., as recorded in Instrument
No. 2007-121051, said Deed Records, at a distance of 1,680.88 feet
and continuing along the common line of said Tract Three and said
Woodforest Partners (2007-121051) tract a total distance of
2,423.86 feet to a set 1/2-inch iron rod at a re-entrant corner of
aforesaid Tract I (Woodforest Partners);
THENCE North 78° 42' 00" East, a distance of 3,069.88 feet
along the most southerly south line of said Tract I to a found
5/8-inch iron rod;
THENCE North 20° 29' 32" East, a distance of 1,896.92 feet
along said south line to a found 3/4-inch iron rod;
THENCE North 57° 53' 52" East, a distance of 944.04 feet along
said south line to the POINT OF BEGINNING and containing 7,545,035
square feet or 173.21 acres of land.
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
7954, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 7954.107 to read as follows:
Sec. 7954.107. 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 Section 17(c),
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, 2015.
* * * * *