Texas 2021 - 87th Regular

Texas House Bill HB4613 Compare Versions

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11 87R9967 ANG-F
22 By: Swanson H.B. No. 4613
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the creation of the Harris County Municipal Utility
88 District No. 579; granting a limited power of eminent domain;
99 providing authority to issue bonds; providing authority to impose
1010 assessments, fees, and taxes.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Subtitle F, Title 6, Special District Local Laws
1313 Code, is amended by adding Chapter 7927A to read as follows:
1414 CHAPTER 7927A. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 579
1515 SUBCHAPTER A. GENERAL PROVISIONS
1616 Sec. 7927A.0101. DEFINITIONS. In this chapter:
1717 (1) "Board" means the district's board of directors.
1818 (2) "Commission" means the Texas Commission on
1919 Environmental Quality.
2020 (3) "Director" means a board member.
2121 (4) "District" means the Harris County Municipal
2222 Utility District No. 579.
2323 Sec. 7927A.0102. NATURE OF DISTRICT. The district is a
2424 municipal utility district created under Section 59, Article XVI,
2525 Texas Constitution.
2626 Sec. 7927A.0103. CONFIRMATION AND DIRECTOR ELECTION
2727 REQUIRED. The temporary directors shall hold an election to
2828 confirm the creation of the district and to elect five permanent
2929 directors as provided by Section 49.102, Water Code.
3030 Sec. 7927A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
3131 temporary directors may not hold an election under Section
3232 7927A.0103 until each municipality in whose corporate limits or
3333 extraterritorial jurisdiction the district is located has
3434 consented by ordinance or resolution to the creation of the
3535 district and to the inclusion of land in the district.
3636 Sec. 7927A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
3737 (a) The district is created to serve a public purpose and benefit.
3838 (b) The district is created to accomplish the purposes of:
3939 (1) a municipal utility district as provided by
4040 general law and Section 59, Article XVI, Texas Constitution; and
4141 (2) Section 52, Article III, Texas Constitution, that
4242 relate to the construction, acquisition, improvement, operation,
4343 or maintenance of macadamized, graveled, or paved roads, or
4444 improvements, including storm drainage, in aid of those roads.
4545 Sec. 7927A.0106. INITIAL DISTRICT TERRITORY. (a) The
4646 district is initially composed of the territory described by
4747 Section 2 of the Act enacting this chapter.
4848 (b) The boundaries and field notes contained in Section 2 of
4949 the Act enacting this chapter form a closure. A mistake made in the
5050 field notes or in copying the field notes in the legislative process
5151 does not affect the district's:
5252 (1) organization, existence, or validity;
5353 (2) right to issue any type of bond for the purposes
5454 for which the district is created or to pay the principal of and
5555 interest on a bond;
5656 (3) right to impose a tax; or
5757 (4) legality or operation.
5858 SUBCHAPTER B. BOARD OF DIRECTORS
5959 Sec. 7927A.0201. GOVERNING BODY; TERMS. (a) The district
6060 is governed by a board of five elected directors.
6161 (b) Except as provided by Section 7927A.0202, directors
6262 serve staggered four-year terms.
6363 Sec. 7927A.0202. TEMPORARY DIRECTORS. (a) On or after the
6464 effective date of the Act enacting this chapter, the owner or owners
6565 of a majority of the assessed value of the real property in the
6666 district may submit a petition to the commission requesting that
6767 the commission appoint as temporary directors the five persons
6868 named in the petition. The commission shall appoint as temporary
6969 directors the five persons named in the petition.
7070 (b) Temporary directors serve until the earlier of:
7171 (1) the date permanent directors are elected under
7272 Section 7927A.0103; or
7373 (2) the fourth anniversary of the effective date of
7474 the Act enacting this chapter.
7575 (c) If permanent directors have not been elected under
7676 Section 7927A.0103 and the terms of the temporary directors have
7777 expired, successor temporary directors shall be appointed or
7878 reappointed as provided by Subsection (d) to serve terms that
7979 expire on the earlier of:
8080 (1) the date permanent directors are elected under
8181 Section 7927A.0103; or
8282 (2) the fourth anniversary of the date of the
8383 appointment or reappointment.
8484 (d) If Subsection (c) applies, the owner or owners of a
8585 majority of the assessed value of the real property in the district
8686 may submit a petition to the commission requesting that the
8787 commission appoint as successor temporary directors the five
8888 persons named in the petition. The commission shall appoint as
8989 successor temporary directors the five persons named in the
9090 petition.
9191 SUBCHAPTER C. POWERS AND DUTIES
9292 Sec. 7927A.0301. GENERAL POWERS AND DUTIES. The district
9393 has the powers and duties necessary to accomplish the purposes for
9494 which the district is created.
9595 Sec. 7927A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
9696 DUTIES. The district has the powers and duties provided by the
9797 general law of this state, including Chapters 49 and 54, Water Code,
9898 applicable to municipal utility districts created under Section 59,
9999 Article XVI, Texas Constitution.
100100 Sec. 7927A.0303. AUTHORITY FOR ROAD PROJECTS. Under
101101 Section 52, Article III, Texas Constitution, the district may
102102 design, acquire, construct, finance, issue bonds for, improve,
103103 operate, maintain, and convey to this state, a county, or a
104104 municipality for operation and maintenance macadamized, graveled,
105105 or paved roads, or improvements, including storm drainage, in aid
106106 of those roads.
107107 Sec. 7927A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
108108 road project must meet all applicable construction standards,
109109 zoning and subdivision requirements, and regulations of each
110110 municipality in whose corporate limits or extraterritorial
111111 jurisdiction the road project is located.
112112 (b) If a road project is not located in the corporate limits
113113 or extraterritorial jurisdiction of a municipality, the road
114114 project must meet all applicable construction standards,
115115 subdivision requirements, and regulations of each county in which
116116 the road project is located.
117117 (c) If the state will maintain and operate the road, the
118118 Texas Transportation Commission must approve the plans and
119119 specifications of the road project.
120120 Sec. 7927A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
121121 ORDINANCE OR RESOLUTION. The district shall comply with all
122122 applicable requirements of any ordinance or resolution that is
123123 adopted under Section 54.016 or 54.0165, Water Code, and that
124124 consents to the creation of the district or to the inclusion of land
125125 in the district.
126126 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
127127 Sec. 7927A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
128128 The district may issue, without an election, bonds and other
129129 obligations secured by:
130130 (1) revenue other than ad valorem taxes; or
131131 (2) contract payments described by Section
132132 7927A.0403.
133133 (b) The district must hold an election in the manner
134134 provided by Chapters 49 and 54, Water Code, to obtain voter approval
135135 before the district may impose an ad valorem tax or issue bonds
136136 payable from ad valorem taxes.
137137 (c) The district may not issue bonds payable from ad valorem
138138 taxes to finance a road project unless the issuance is approved by a
139139 vote of a two-thirds majority of the district voters voting at an
140140 election held for that purpose.
141141 Sec. 7927A.0402. OPERATION AND MAINTENANCE TAX. (a) If
142142 authorized at an election held under Section 7927A.0401, the
143143 district may impose an operation and maintenance tax on taxable
144144 property in the district in accordance with Section 49.107, Water
145145 Code.
146146 (b) The board shall determine the tax rate. The rate may not
147147 exceed the rate approved at the election.
148148 Sec. 7927A.0403. CONTRACT TAXES. (a) In accordance with
149149 Section 49.108, Water Code, the district may impose a tax other than
150150 an operation and maintenance tax and use the revenue derived from
151151 the tax to make payments under a contract after the provisions of
152152 the contract have been approved by a majority of the district voters
153153 voting at an election held for that purpose.
154154 (b) A contract approved by the district voters may contain a
155155 provision stating that the contract may be modified or amended by
156156 the board without further voter approval.
157157 SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
158158 Sec. 7927A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
159159 OBLIGATIONS. The district may issue bonds or other obligations
160160 payable wholly or partly from ad valorem taxes, impact fees,
161161 revenue, contract payments, grants, or other district money, or any
162162 combination of those sources, to pay for any authorized district
163163 purpose.
164164 Sec. 7927A.0502. TAXES FOR BONDS. At the time the district
165165 issues bonds payable wholly or partly from ad valorem taxes, the
166166 board shall provide for the annual imposition of a continuing
167167 direct ad valorem tax, without limit as to rate or amount, while all
168168 or part of the bonds are outstanding as required and in the manner
169169 provided by Sections 54.601 and 54.602, Water Code.
170170 Sec. 7927A.0503. BONDS FOR ROAD PROJECTS. At the time of
171171 issuance, the total principal amount of bonds or other obligations
172172 issued or incurred to finance road projects and payable from ad
173173 valorem taxes may not exceed one-fourth of the assessed value of the
174174 real property in the district.
175175 SECTION 2. The Harris County Municipal Utility District No.
176176 579 initially includes all the territory contained in the following
177177 area:
178178 TRACT 1
179179 Fieldnotes for a 28.8628 acre tract of land out of the John
180180 Jones Survey, Abstract No. 481, in Harris County, Texas and being
181181 that same called 32.33 acre tract of land conveyed to Holly M. Sears
182182 as described in Correction Special Warranty Deed filed under
183183 County Clerk's File No. 20110064472 of the Real Property Records of
184184 Harris County, and being further that same tract of land conveyed to
185185 Wm. Kothmann as described in deed recorded in Volume 121 Pag e 146
186186 of the Deed Records of Harris County, said 28.8628 acres of land
187187 being more particularly described by metes and bounds as follows:
188188 COMMENCING at a 3/4 inch steel rod with cap found in the East
189189 line of the said Jones Survey and the West line of the Frederick
190190 Limsky Survey, Abstract No. 512, said point being the Southeast
191191 corner of that certain 35.268 acres tract of land conveyed to
192192 Crockett National Bank, as described in Substitute Trustee's Deed
193193 recorded under County Clerk's File No. 20110135 623 of the said
194194 Real Property Records, said point also being the most Easterly
195195 Northeast corner of that certain 256.0563 acre tract of land
196196 conveyed to Springwoods Realty Company, as described in deed
197197 recorded under County Clerk's File No. 20090229625 of the said
198198 Real Property Records;
199199 Thence, South 88°26' 19" West, 1365.50 feet with the South
200200 line of the said 35.268 acre tract and a Northerly line of the said
201201 256.0563 acre tract to a point for an interior ell corner of the
202202 said 256.0563 acre tract, said point also being the most Westerly
203203 Southwest corner of the said 35.268 acre tract;
204204 Thence, North 01°52'42" West, 87.01 feet with a Westerly line
205205 of the said 35.268 acre tract and an Easterly line of the said
206206 256.0563 acre tract to a 3/4 inch steel rod with cap set for the
207207 Southwest corner and PLACE OF BEGINNING for the herein described
208208 tract of land, said point also being an exterior ell corner of the
209209 said 35.268 acre tract;
210210 Thence, continuing with the Easterly line of the said
211211 256.0523 acre tract, North O l 0 52 ' 42" West, at 400.31 feet
212212 passing an exterior ell corner of the said 256.0523 acre tract and
213213 the Southeast corner of that certain 10.568 acre tract of land
214214 conveyed to White Oak Equities, LLC, as described in deed recorded
215215 under County Clerk's File No. 20110086533 of the said Real
216216 Property Records, and continuing with the East line of the said l
217217 0.568 acre tract, at 1499.25 feet passing a 3/4 inch steel rod with
218218 cap set for reference, and continuing in all, a total distance of
219219 1599.25 feet to a point in the centerline of Spring Creek for the
220220 Northwest corner of the here in described tract, said point also
221221 being the Northeast corner of the said 10.568 acre tract;
222222 Thence, with the centerline of said Spring Creek and in a
223223 general Easterly direction, the following courses and distances:
224224 South 60°38'52" East, 57.42 feet;
225225 South 83°28'57" East, 35.22 feet;
226226 South 84°44'53" East, 16.72 feet;
227227 North 79° 19' 04" East, 99.73 feet;
228228 North 61°35'46" East, 172.4 2 feet;
229229 North 48°25 ' 1 l" East, 148. 23 feet ;
230230 North 24°27' 26" East, 121.31 feet;
231231 North 16°53'57" East, 64.08 feet;
232232 North 20°58'58" West, 175.85 feet;
233233 North 27°11 ' 00" West, 70.20 feet;
234234 North 07°20'07" West, 96.62 feet;
235235 North 13°26'38" East, 59.77 feet;
236236 North 49°06'55" East, 48.34 feet;
237237 South 89°10' 04" East, 121.99 feet; and,
238238 South 41°47' 29" East, 112.17 feet to the Northeast corner of
239239 the herein described tract, said point also being the called most
240240 Northerly Northwest corner of the aforesaid 35.268 acre tract;
241241 Thence, South Ol0 40 ' 18" East with the West line of the
242242 said 35.268 acre tract, at l 00.00 feet passing a 3/4 inch steel rod
243243 with cap set for reference, and continuing in all, a total distance
244244 of 2245.35 feet (called 2192.27 feet in 35.268 acre deed) to a 1
245245 inch steel pipe found marking the Southeast corner of the herein
246246 described tract, said point being an interior ell corner of the said
247247 35.268 acre tract;
248248 Thence, South 88°30'4 4" West, 684.19 feet with a lower
249249 Northerly line of the said 35.268 acre tract to the PLACE OF
250250 BEGINNING and containing 28.8628 acres or 1,257,264 square feet of
251251 land, more or less.
252252 TRACT 2
253253 Field notes for 35.301 acres of land situated in the J. Jones
254254 Survey, Abstract No. 481, Harris County, Texas, described in deed
255255 dated April 5, 2011 conveyed to Crockett National Bank as recorded
256256 in File No. 20110135623 of the Official Public Records of Real
257257 Property of Harris County, Texas (O.P.R.R.P.H.C., TX.), said tract
258258 is being more particularly described by metes and bounds as
259259 follows: (bearings are referenced to the East line of the 30 Feet
260260 Access Easement being North 01° 53' 56" West as recorded under File
261261 No. 20120202269, O.P.R.R.P.H.C., TX.):
262262 BEGINNING at a 5/8-inch iron rod with cap "Rainwater" found
263263 at the northeast corner of a certain tract conveyed to Amber Hill,
264264 LLC as recorded in File No. 20080619683, O.P.R.R.P.H.C., TX. and
265265 the southeast corner of said Crockett National Bank tract and the
266266 herein described tract;
267267 THENCE South 88° 24' 14" West, along the north line of said
268268 Amber Hill, LLC tract, a distance of 1365.50 feet to a 5/8-inch iron
269269 rod with cap "Rainwater" (from which a found 5/8-inch iron rod with
270270 cap "Frontier" bears South 01° 53' 56" East, 9.06 feet) found at an
271271 interior line of a certain tract conveyed to Springwoods Realty
272272 Company as recorded in File No. 20090229625, O.P.R.R.P.H.C., TX for
273273 the northwest corner of said Amber Hill, LLC tract and the southwest
274274 corner of said Crockett National Bank tract and the herein
275275 described tract;
276276 THENCE North 01° 53' 56" West, along the interior line of said
277277 Springwoods Realty Company tract and the east line of the above
278278 referenced 30 feet Access Easement, a distance of 87.01 feet to a
279279 5/8-inch iron rod with cap "Frontier 2053" (from which a found
280280 5/8-inch iron rod bears North 85° 35' 25" East, 0.89 feet) found for
281281 the southwest corner of a certain tract conveyed to The Fern J. Lacy
282282 Revocable Living Trust as recorded in File No. T984330,
283283 20100195009, 20100195010, and 20110064472, O.P.R.R.P.H.C., TX and
284284 a corner of the herein described tract;
285285 THENCE North 88° 28' 44" East, along the south line of said The
286286 Fern J. Lacy Revocable Living Trust tract, a distance of 684.32 feet
287287 to an 1-inch iron pipe found for the southeast corner of said The
288288 Fern J. Lacy Revocable Living Trust tract and an ell corner of the
289289 herein described tract;
290290 THENCE North 01° 42' 03" West, along the east line of said The
291291 Fern J. Lacy Revocable Living Trust tract, at a distance of 2047.68
292292 feet pass a 3/4-inch iron rod with cap "Frontier" at 0.39 feet east,
293293 in all a distance of 2241.45 feet to the centerline of Spring Creek
294294 for the northeast corner of said The Fern J. Lacy Revocable Living
295295 Trust tract and the northwest corner of said Crockett National Bank
296296 tract and the herein described tract;
297297 THENCE downstream with the meanders of said Spring Creek as
298298 follows:
299299 1. South 41° 43' 35" East, a distance of 82.16 feet
300300 2. South 73° 23' 41" East, a distance of 88.39 feet
301301 3. North 80° 02' 45" East, a distance of 104.58 feet
302302 4. South 63° 54' 10" East, a distance of 176.37 feet
303303 5. South 02° 48' 03" East, a distance of 144.62 feet
304304 6. South 69° 13' 34" East, a distance of 121.26 feet
305305 7. North 30° 10' 20" East, a distance of 322.74 feet to a
306306 point for the northwest corner of a certain tract conveyed to
307307 Chrymirene Properties Co., Inc. and Springwoods Realty Company as
308308 recorded in File No. T146401, O.P.R.R.P.H.C., TX and the northeast
309309 corner of said Crockett National Bank tract and the herein
310310 described tract;
311311 THENCE South 01° 42' 03" East, along the west line of said
312312 Chrymirene Properties Co., Inc. and Springwoods Realty Company
313313 tract, at a distance of 213.91 feet pass a 3/4-inch iron rod with
314314 cap "Frontier", in all a distance of 2253.99 feet to the POINT OF
315315 BEGINNING and containing 35.301 acres.
316316 TRACT 3
317317 BEING 48.315 ACRES (2,104,590 SQUARE FEET) OF LAND SITUATED
318318 IN THE JOHN JONES SURVEY, ABSTRACT NO. 481, HARRIS COUNTY, TEXAS;
319319 SAID 48.315 ACRES OF LAND BEING ALL OF A CERTAIN TRACT OF LAND
320320 CONVEYED TO D. M. BEST COMPANY, INC., AS RECORDED IN FILE NO.
321321 20090321484 OF THE OFFICIAL PUBLIC RECORDS OF REAL PROPERTY OF
322322 HARRIS COUNTY, TEXAS (O.P.R.R.P.H.C., TX.), A CERTAIN TRACT OF LAND
323323 CONVEYED TO VICTORIA BEST, AS RECORDED IN FILE NO. T058355,
324324 O.P.R.R.P.H.C., TX. AND A CERTAIN TRACT OF LAND CONVEYED TO MARK
325325 BRISTOL RUSSELL, AS RECORDED IN FILE NO. 20140367068,
326326 O.P.R.R.P.H.C., TX.; SAID 48.315 ACRES OF LAND BEING MORE
327327 PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
328328 BEGINNING at a 5/8-inch iron rod with "Davis 4464" cap found
329329 in the end of Juniper Lane [width varies per Volume 5136, Page 396
330330 of the Harris County Deed Records (H.C.D.R.) and Harris County Road
331331 Log No. 4209001] for the northwest corner of a certain tract of land
332332 conveyed to Springwoods Realty, Inc., as recorded in File
333333 No. 20140581329, O.P.R.R.P.H.C., TX. and the southwest corner of
334334 said D. M. Best Company, Inc. tract and the herein described parcel
335335 (from which a found 3/4-inch iron rod with cap bears North 55°20'
336336 West, 0.1 feet);
337337 1) THENCE, North 01°06'30" West, along the west line of said
338338 D. M. Best Company, Inc. tract and the east line of said Juniper
339339 Lane, at a distance of 33.40 feet to the southeast corner of Lot 84,
340340 Mossy Oaks Section Two (unrecorded subdivision) and a certain tract
341341 of land conveyed to Patsy Marie Courtney, as recorded in File
342342 No. T655668, O.P.R.R.P.H.C., TX. and the northeast corner of said
343343 Juniper Lane, continuing along the west line of said D. M. Best
344344 Company, Inc. tract and the east line of said Lot 84 and said Patsy
345345 Marie Courtney tract, in all a distance of 315.08 feet to a 3/8-inch
346346 iron rod with "Landtech" cap set for the south corner of a boundary
347347 line agreement, as recorded in File No. 20140029653,
348348 O.P.R.R.P.H.C., TX. and a corner of the herein described parcel;
349349 2) THENCE, North 01°39'45" East, continuing along the east
350350 line of said boundary line agreement, a distance of 123.47 feet to a
351351 3/8-inch iron rod with "Landtech" cap set for the east corner of
352352 said boundary line agreement and a corner of the herein described
353353 parcel;
354354 3) THENCE, North 02°45'25" West, continuing along the east
355355 line of said boundary line agreement, a distance of 207.47 feet to a
356356 magnetic nail set in the west line of said Victoria Best tract and
357357 in the east right-of-way line of Mossy Oaks East Road (60.0 feet
358358 wide per Volume 3902, Page 54, H.C.D.R.) for the north corner of
359359 said boundary line agreement and a corner of the herein described
360360 parcel;
361361 4) THENCE, North 01°06'30" West, along the west line of said
362362 Victoria Best tract and the east right-of-way line of said Mossy
363363 Oaks East Road, a distance of 85.81 feet to a 3/8-inch iron rod with
364364 "Landtech" cap set in a curve to the right, the southeast corner of
365365 Lot 10, Mossy Oaks Section One (unrecorded subdivision) and said
366366 Mark Bristol Russell tract, the northeast corner of said Mossy Oaks
367367 East Road and an ell corner of the herein described parcel;
368368 5) THENCE, along the south line of said Lot 10 and said Mark
369369 Bristol Russell tract and the north right-of-way line of said Mossy
370370 Oaks East Road with said curve to the right, having a radius of
371371 759.02 feet, an arc length of 188.51 feet, a central angle of
372372 14°13'47", and a chord which bears South 46°14'33" West, 188.02 feet
373373 to a 3/8-inch iron rod with "Landtech" cap set for the southwest
374374 corner of said Mark Bristol Russell tract, the southeast corner of a
375375 certain tract of land conveyed to Gaines M. Watkins, and wife, Nancy
376376 B. Watkins, as recorded in File No. U517546, O.P.R.R.P.H.C., TX.
377377 and the most westerly southwest corner of the herein described
378378 parcel (from which a found 5/8-inch iron rod bears North 25°28'
379379 East, 3.0 feet, a found 3/8-inch iron rod bears South 79°09' West,
380380 3.8 feet and a found 1-1/4-inch iron pipe bears South 80°24' West,
381381 4.4 feet);
382382 6) THENCE, North 12°27'19" East, along the west line of said
383383 Mark Bristol Russell tract and the east line of said Gaines M.
384384 Watkins and wife, Nancy B. Watkins tract, a distance of 213.15 feet
385385 to a 1/2-inch iron rod found for a corner of the herein described
386386 parcel;
387387 7) THENCE, North 06°16'48" West, continuing along the west
388388 line of said Mark Bristol Russell tract and the east line of said
389389 Gaines M. Watkins and wife, Nancy B. Watkins tract, at a distance of
390390 542.68 feet to a 3/8-inch iron rod with "Landtech" cap set for a
391391 reference corner, continuing with a total distance of 667.49 feet
392392 to a point in the centerline of Spring Creek and in the south line of
393393 a certain tract of land conveyed to Montgomery County, Texas, as
394394 recorded in Document Nos. 201204859 and 2012050748 of the Official
395395 Public Records of Montgomery County, Texas (O.P.R.M.C., TX.) for
396396 the northwest corner of the herein described parcel;
397397 8) THENCE, meander along the centerline of said Spring Creek
398398 with the following courses:
399399 With said curve to the left, having a radius of 150.00 feet,
400400 an arc length of 8.25 feet, a central angle of 03°09'04", and a chord
401401 which bears North 45°09'08" East, 8.25 feet to a point;
402402 North 43°34'36" East, a distance of 99.60 feet to a point of
403403 curvature;
404404 With said curve to the left, having a radius of 100.00 feet,
405405 an arc length of 53.41 feet, a central angle of 30°35'55", and a
406406 chord which bears North 28°16'39" East, 52.77 feet to a point of
407407 curvature;
408408 With said curve to the right, having a radius of 150.00 feet,
409409 an arc length of 90.74 feet, a central angle of 34°39'32", and a
410410 chord which bears North 30°18'27" East, 89.36 feet to a point of
411411 curve for the northeast corner of said Mark Bristol Russell tract
412412 and the northwest corner of said Victoria Best tract;
413413 With said curve to the right, having a radius of 150.00 feet,
414414 an arc length of 26.98 feet, a central angle of 10°18'25", and a
415415 chord which bears North 52°47'29" East, 26.95 feet to a point;
416416 North 57°56'43" East, a distance of 109.91 feet to a point of
417417 curvature;
418418 With said curve to the left, having a radius of 100.00 feet,
419419 an arc length of 31.92 feet, a central angle of 18°17'21", and a
420420 chord which bears North 48°48'03" East, 31.79 feet to a point;
421421 North 39°25'06" East, a distance of 162.78 feet to a point for
422422 the northeast corner of said Victoria Best tract and the northwest
423423 corner of said D. M. Best Company, Inc. tract;
424424 North 39°40'08" East, a distance of 67.81 feet to a point of
425425 curvature;
426426 With said curve to the right, having a radius of 110.00 feet,
427427 an arc length of 321.17 feet, a central angle of 167°17'20", and a
428428 chord which bears South 56°41'37" East, 218.65 feet to a point;
429429 South 26°57'03" West, a distance of 110.00 feet to a point of
430430 curvature;
431431 With said curve to the left, having a radius of 100.00 feet,
432432 an arc length of 88.82 feet, a central angle of 50°53'27", and a
433433 chord which bears South 01°30'19" West, 85.93 feet to a point;
434434 South 23°56'24" East, a distance of 93.07 feet to a point of
435435 curvature;
436436 With said curve to the left, having a radius of 125.00 feet,
437437 an arc length of 218.38 feet, a central angle of 100°05'58", and a
438438 chord which bears South 73°59'23" East, 191.65 feet to a point;
439439 North 55°57'39" East, a distance of 105.14 feet to a point of
440440 curvature;
441441 With said curve to the left, having a radius of 100.00 feet,
442442 an arc length of 63.18 feet, a central angle of 36°11'59", and a
443443 chord which bears North 37°51'39" East, 62.14 feet to a point;
444444 North 19°45'41" East, a distance of 127.78 feet to a point of
445445 curvature;
446446 With said curve to the right, having a radius of 100.00 feet,
447447 an arc length of 108.70 feet, a central angle of 62°16'56", and a
448448 chord which bears North 50°54'09" East, 103.43 feet to a point;
449449 North 82°02'35" East, a distance of 128.31 feet to a point of
450450 curvature;
451451 With said curve to the left, having a radius of 200.00 feet,
452452 an arc length of 29.95 feet, a central angle of 08°34'47", and a
453453 chord which bears North 77°45'11" East, 29.92 feet to a point;
454454 North 71°53'11" East, a distance of 91.52 feet to a point of
455455 curvature;
456456 With said curve to the left, having a radius of 300.00 feet,
457457 an arc length of 97.62 feet, a central angle of 18°38'35", and a
458458 chord which bears North 62°33'53" East, 97.19 feet to a point;
459459 North 52°43'16" East, a distance of 75.08 feet to a point for
460460 the northwest corner of a certain tract of land conveyed to White
461461 Oak Equities, LLC, as recorded in File No. 20090587861,
462462 O.P.R.R.P.H.C., TX. and the northeast corner of said D. M. Best
463463 Company, Inc. tract and the herein described parcel;
464464 9) THENCE, South 01°52'51" East, along the west line of said
465465 White Oak Equities, LLC tract and the east line of said D. M. Best
466466 Company, Inc. tract, at a distance of 188.13 feet to a 3/4-inch iron
467467 rod with "Landtech" cap set for a reference corner, continuing at a
468468 distance of 797.60 feet to a 3/4-inch iron pipe found for the
469469 southwest corner of said White Oak Equities, LLC tract and the most
470470 easterly northwest corner of said Springwoods Realty, Inc. tract,
471471 continuing along the east line of said D. M. Best Company, Inc.
472472 tract and the west line of said Springwoods Realty, Inc. tract, in
473473 all a distance of 1514.20 feet to a 1/2-inch iron pipe found for an
474474 ell corner of said Springwoods Realty, Inc. tract and the southeast
475475 corner of said D. M. Best Company, Inc. tract and the herein
476476 described parcel (from which another found 1/2-inch iron rod with
477477 cap bears South 70°03' West, 3.8 feet);
478478 10) THENCE, South 71°40'18" West, along the north line of
479479 said Springwoods Realty, Inc. tract and the south line of said D. M.
480480 Best Company, Inc. tract, a distance of 1361.79 feet to the POINT OF
481481 BEGINNING and containing 48.315 acres (2,104,590 square feet) of
482482 land.
483483 Bearings are referenced to the 30 feet access easement being
484484 South 71°40'18" West, as recorded in File No 20120202269,
485485 O.P.R.R.P.H.C., TX.
486486 TRACT 4
487487 BEING 8.331 ACRES (362,877 SQUARE FEET) OF LAND SITUATED IN
488488 THE JOHN JONES SURVEY, ABSTRACT NO. 481, HARRIS COUNTY, TEXAS; SAID
489489 8.331 ACRES OF LAND BEING THE RESIDUE OF A CERTAIN TRACT OF LAND
490490 CONVEYED TO WHITE OAK EQUITIES, LLC, AS RECORDED IN FILE NOS.
491491 20090587861 AND 20110086533 OF THE OFFICIAL PUBLIC RECORDS OF REAL
492492 PROPERTY OF HARRIS COUNTY, TEXAS (O.P.R.R.P.H.C., TX.); SAID 8.331
493493 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS
494494 AS FOLLOWS:
495495 BEGINNING at a 5/8-inch iron rod with cap stamped "Rainwater"
496496 found in the west line of a certain tract of land conveyed to KAPA
497497 Spring 35 Series, LLC, as recorded in File No. 20140356975,
498498 O.P.R.R.P.H.C., TX. for a corner of a certain tract of land conveyed
499499 to Springwoods Realty, Inc., as recorded in File No. 20140581329,
500500 O.P.R.R.P.H.C., TX. and the southeast corner of said White Oak
501501 Equities, LLC tract and the herein described parcel (from which a
502502 found 1/2-inch iron pipe bears South 22° East, 2.1 feet);
503503 1) THENCE, South 87°57'48" West, along the north line of said
504504 Springwoods Realty, Inc. tract and the south line of said White Oak
505505 Equities, LLC tract, a distance of 320.48 feet to a 1/2-inch iron
506506 pipe found for an ell corner of said Springwoods Realty, Inc. tract
507507 and the most southerly southwest corner of said White Oak Equities,
508508 LLC tract and the herein described parcel;
509509 2) THENCE, North 01°49'06" West, along the east line of said
510510 Springwoods Realty, Inc. tract and the west line of said White Oak
511511 Equities, LLC tract, a distance of 715.66 feet to a 1/2-inch iron
512512 pipe found for a corner of said Springwoods Realty, Inc. tract and
513513 an ell corner of said White Oak Equities, LLC tract and the herein
514514 described parcel;
515515 3) THENCE, South 88°08'26" West, along the north line of said
516516 Springwoods Realty, Inc. tract and the south line of said White Oak
517517 Equities, LLC tract, a distance of 321.11 feet to a 3/4-inch iron
518518 pipe found in the east line of a certain tract of land conveyed to D.
519519 M. Best Company, Inc., as recorded in File No. 20090321484,
520520 O.P.R.R.P.H.C., TX. for a corner of said Springwoods Realty, Inc.
521521 tract and the most westerly southwest corner of said White Oak
522522 Equities, LLC tract and the herein described parcel;
523523 4) THENCE, North 01°52'51" West, along the east line of said
524524 D. M. Best Company, Inc. tract and the west line of said White Oak
525525 Equities, LLC tract, a distance of 189.73 feet to a 5/8-inch iron
526526 rod with cap stamped "LJA" found for the southwest corner of a
527527 certain tract of land conveyed to Harris County, Texas, as recorded
528528 in File No. RP-2016-334636, O.P.R.R.P.H.C., TX. and the northwest
529529 corner of the herein described parcel;
530530 5) THENCE, North 84°39'01" East, along the south line of said
531531 Harris County, Texas tract, a distance of 641.69 feet to a 3/8-inch
532532 iron rod with cap stamped "Landtech" set in the west line of said
533533 KAPA Spring 35 Series, LLC tract and in the east line of said White
534534 Oak Equities, LLC tract for the northeast corner of the herein
535535 described parcel (from which a found 5/8-inch iron rod with cap
536536 stamped "LJA" bears North 86° East, 2.0 feet);
537537 6) THENCE, South 01°53'56" East, along the west line of said
538538 KAPA Spring 35 Series, LLC tract and the east line of said White Oak
539539 Equities, LLC tract, a distance of 943.46 feet to the POINT OF
540540 BEGINNING and containing 8.331 acres (362,877 square feet) of land.
541541 Bearings are referenced to the 30 feet access easement being
542542 South 88°08'26" West, as recorded in File No 20120202269,
543543 O.P.R.R.P.H.C., TX.
544544 SECTION 3. (a) The legal notice of the intention to
545545 introduce this Act, setting forth the general substance of this
546546 Act, has been published as provided by law, and the notice and a
547547 copy of this Act have been furnished to all persons, agencies,
548548 officials, or entities to which they are required to be furnished
549549 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
550550 Government Code.
551551 (b) The governor, one of the required recipients, has
552552 submitted the notice and Act to the Texas Commission on
553553 Environmental Quality.
554554 (c) The Texas Commission on Environmental Quality has filed
555555 its recommendations relating to this Act with the governor, the
556556 lieutenant governor, and the speaker of the house of
557557 representatives within the required time.
558558 (d) All requirements of the constitution and laws of this
559559 state and the rules and procedures of the legislature with respect
560560 to the notice, introduction, and passage of this Act are fulfilled
561561 and accomplished.
562562 SECTION 4. (a) If this Act does not receive a two-thirds
563563 vote of all the members elected to each house, Subchapter C, Chapter
564564 7927A, Special District Local Laws Code, as added by Section 1 of
565565 this Act, is amended by adding Section 7927A.0306 to read as
566566 follows:
567567 Sec. 7927A.0306. NO EMINENT DOMAIN POWER. The district may
568568 not exercise the power of eminent domain.
569569 (b) This section is not intended to be an expression of a
570570 legislative interpretation of the requirements of Section 17(c),
571571 Article I, Texas Constitution.
572572 SECTION 5. This Act takes effect immediately if it receives
573573 a vote of two-thirds of all the members elected to each house, as
574574 provided by Section 39, Article III, Texas Constitution. If this
575575 Act does not receive the vote necessary for immediate effect, this
576576 Act takes effect September 1, 2021.