88R12799 SCP-F
By: Metcalf H.B. No. 5324
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Montgomery County Municipal Utility
District No. 216; 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 7958A to read as follows:
CHAPTER 7958A. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT
NO. 216
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7958A.0101. 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. 216.
Sec. 7958A.0102. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 7958A.0103. CONFIRMATION AND DIRECTOR 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. 7958A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section
7958A.0103 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 as required by
applicable law.
Sec. 7958A.0105. 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. 7958A.0106. 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. 7958A.0201. GOVERNING BODY; TERMS. (a) The district
is governed by a board of five elected directors.
(b) Except as provided by Section 7958A.0202, directors
serve staggered four-year terms.
Sec. 7958A.0202. TEMPORARY DIRECTORS. (a) On or after
January 1, 2024, 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 7958A.0103; or
(2) January 1, 2028.
(c) If permanent directors have not been elected under
Section 7958A.0103 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 7958A.0103; 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. 7958A.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 7958A.0302. 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. 7958A.0303. 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. 7958A.0304. 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. 7958A.0305. 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. 7958A.0401. 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
7958A.0403.
(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. 7958A.0402. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 7958A.0401, 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. 7958A.0403. 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. 7958A.0501. 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. 7958A.0502. 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. 7958A.0503. 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. 216 initially includes all the territory contained in the
following area:
TRACT 1: 401.4 Acres
A 401.4 ACRE TRACT OF LAND IN THE JAMES EDWARDS SURVEYS,
ABSTRACT NO. 189, 190, AND IN THE ROBERT MARSH SURVEY ABSTRACT NO.
355, MONTGOMERY COUNTY, TEXAS, BEING OUT OF AND A PART OF A CALLED
47.932 ACRE TRACT (TRACT ONE), ALL OF A CALLED 65.153 ACRE TRACT
(TRACT TWO), AND OUT OF AND A PART OF A CALLED 410.539 ACRE TRACT
(TRACT FOUR), ALL CONVEYED TO CONROE VENTURE, LTD. AND RECORDED
UNDER MONTGOMERY COUNTY CLERK'S FILE (M.C.C.F.) NO. 9149317, THE
SAID 401.4 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS, (WITH BEARINGS BASED ON TEXAS STATE PLANE
COORDINATE SYSTEM OF 1983, CENTRAL ZONE, AS DETERMINED BY GPS
MEASUREMENTS):
BEGINNING at a 3/4 inch iron pipe found marking the most
northerly corner of a called 55.369 acre tract (TREND tract 2),
conveyed to Trendmaker Homes, Inc. as recorded under M.C.C.F. NO.
2019104424, and an angle in the southerly line of said TRACT FOUR,
and the herein described tract;
THENCE, South 71°38'09" West, along the southerly line of said
TRACT FOUR, common with the northerly line of said TREND tract 2, a
called 1.820 acre tract conveyed to the city of Conroe as recorded
under M.C.C.F. NO. 2012000764, a called 32.724 acre tract (TREND
tract 1) conveyed to Trendmaker Homes, Inc. as recorded under
M.C.C.F. NO. 2019104424, a called 12.756 acre tract conveyed to
Colony Ridge Land LLC, as recorded under M.C.C.F. NO. 2020041993,
and a called 210.3078 acre tract conveyed to Colony Ridge Land, LLC,
as recorded under M.C.C.F. NO. 2017005562, passing at a distance of
2,659.33 feet a 5/8-inch iron rod found marking the common
northerly corner of said TREND tract 1, and said 12.756 acre tract,
continuing a total distance of 5,361.84 feet, to a 3/4-inch iron
pipe found marking the southwest corner of said TRACT FOUR, and the
southeasterly corner of said TRACT TWO, and an angle in the
northerly line of said 210.3078 acre tract, and an angle in the
southerly line of the herein described tract;
THENCE, South 71°33'49" West, continuing along the northerly
line of said 210.3078 acre tract, common with the southerly line of
said TRACT TWO, a distance of 1,624.60 feet, to a 5/8-inch iron rod
with cap stamped "S&V Surveying", found marking the southeast
corner of a called 10.45 acre tract conveyed to San Jacinto River
Authority, as recorded under Volume (VOL.) 692, Page (PG.) 779 of
the Montgomery County Deed Records (M.C.D.R.), and the southwest
corner of said TRACT TWO, and the herein described tract;
THENCE, departing the northerly line of said 210.3078 acre
tract, and along the westerly line of said TRACT TWO, common with
the easterly line of said 10.45 acre tract the following six (6)
courses and distances;
North 28°22'23" West, a distance of 1,185.66 feet, to the high
bank of a water course and an angle in the said common line;
North 00°53'08" East, along said high bank, a distance of
69.28 feet, to an angle in the said common line;
North 22°13'01" East, along said high bank, a distance of
59.71 feet, to an angle in the said common line;
North 56°36'03" East, along said high bank, a distance of
117.87 feet, to an angle in the said common line;
North 23°27'25" East, along said high bank, a distance of
191.76 feet, to an angle in the said common line;
North 27°00'38" West, along said high bank, a distance of
50.96 feet, to the southwest corner of a called 87.22 acre tract
conveyed to San Jacinto River Authority, as recorded under VOL.
563, PG. 219 M.C.D.R., and the northwest corner of said TRACT TWO
and the herein described tract;
THENCE, North 58°48'27" East, along the southerly line of said
87.22 acre tract, common with the northerly line of said TRACT TWO,
and said TRACT FOUR, passing at a distance of 1,573.75 feet, a
1-inch iron pipe (bent) found marking the common northerly corner
of said TRACT TWO and TRACT FOUR, continuing a total distance of
3,242.65 feet, to a 2-inch iron pipe found marking the southeast
corner of said 87.22 acre tract, the southwest corner of a called
43.796 acre tract conveyed to San Jacinto River Authority as
recorded under M.C.C.F. NO. 2009114038, and a northerly corner of
said TRACT FOUR, and the herein described tract;
THENCE, South 76°41'28" East, along the south line of said
43.796 acre tract, and a called 4.321 acre tract conveyed to Aqua
Texas, Inc. as recorded under M.C.C.F. NO. 2013074043, common with
the north line of said TRACT FOUR, passing at a distance 1,274.47
feet, a 5-8-inch iron rod found marking the southwest corner of said
4.321 acre tract, continuing a total distance of 1,664.37 feet, to a
1-inch iron rod (bent) found marking the southeast corner of said
4.321 acre tract, and an interior corner of said TRACT FOUR, and the
herein described tract;
THENCE, North 12°48'52" East, along the westerly line of said
TRACT FOUR, common with the easterly line of said 4.321 acre tract,
and said 43.796 acre tract, passing at a distance of 400.00 feet,
the northeast corner of said 4.321 acre tract, from which a 5/8-inch
iron rod with cap stamped "S&V Surveying" found bears, South 60°06'
West, 0.2 feet, continuing a total distance of 767.77 feet, to a
1/2-inch iron rod found marking the most westerly southwest corner
of the south Right-Of-Way (R.O.W.) line of Pine Valley Drive (based
on a variable width) as dedicated under Cabinet (CAB.) Z, Sheet
(SHT.) 4404 of the Montgomery County Map Records (M.C.M.R.), and a
northerly corner of the herein described tract;
THENCE, departing said common line, and along the southerly
R.O.W. line of said Pine Valley Drive, and over and across said
TRACT FOUR, and said TRACT ONE, the following eleven (11) courses
and distances:
South 76°37'29" East, a distance of 583.23 feet, to a 5/8-inch
iron rod with cap stamped "E.H.R.A. 713-784-4500" set marking the
beginning of a curve to the left;
In a northeasterly direction, along said curve to the left,
having a radius of 991.00 feet, a central angle of 60°39'48" (chord
bears North 73°02'38" East, 1,000.92 feet) and an arc distance of
1049.25 feet, to a 5/8-inch iron rod with cap stamped "E.H.R.A.
713-784-4500" set marking the point of tangency;
North 42°42'44" East, a distance of 209.59 feet, to a 5/8-inch
iron rod with cap stamped "E.H.R.A. 713-784-4500" set marking an
exterior corner of the herein described tract;
South 47°17'16" East, a distance of 13.87 feet, to a 5/8-inch
iron rod with cap stamped "E.H.R.A. 713-784-4500" set marking an
exterior corner of the herein described tract, and the beginning of
a non-tangent curve to the right;
In a northeasterly direction, along said curve to the right,
having a radius of 746.00 feet, a central angle of 26°37'47" (chord
bears, North 58°47'35" East, 343.61 feet) and an arc distance of
346.72 feet, to the point of tangency, from which a 5/8-inch iron
rod found bears, South 79 12' East, 0.6 feet;
North 72°06'29" East, a distance of 52.46 feet, to a 5/8-inch
iron rod with cap stamped "E.H.R.A. 713-784-4500" set marking the
beginning of a curve to the right;
In an easterly direction, along said curve to the right,
having a radius of 946.00 feet, a central angle of 28°03'11" (chord
bears, North 86°08'05" East, 458.57 feet) and an arc distance of
463.18 feet, to a 5/8-inch iron rod with cap stamped "E.H.R.A.
713-784-4500" set marking the point of tangency;
South 79°50'20" East, a distance of 1,282.23 feet, to a
5/8-inch iron rod with cap stamped "E.H.R.A. 713-784-4500" set
marking the beginning of a curve to the right;
In a southeasterly direction, along said curve to the right,
having a radius of 1,146.00 feet, a central angle of 38°55'52"
(chord bears, South 60°22'24" East, 763.79 feet) and an arc distance
of 778.68 feet, to the point of tangency, from which a 5/8-inch iron
rod with cap stamped "Jeff Moon RPLS 4639" found bears, South 76
43', 0.7 feet;
South 40°54'28" East, a distance of 298.45 feet, to a 5/8-inch
iron rod with cap stamped "E.H.R.A. 713-784-4500" set marking the
beginning of a curve to the left;
In a southwesterly direction, along said curve to the left,
having a radius of 1,254.00 feet, a central angle of 26°56'38"
(chord bears, South 54°22'42" east, 584.29 feet) and an arc distance
of 589.71 feet, to a 1/2-inch iron rod found marking the northwest
corner of a called 20.00 acre tract conveyed to Board of Trustees of
the Willis Independent School District, as recorded under M.C.C.F.
NO. 2019109575, the northwest corner of Restricted Reserve "A" of
Willis ISD Elementary No. 6, map or plat thereof recorded under
Cabinet Z, Sheet 6802, M.C.M.R., and the northeast corner of the
herein described tract;
THENCE, South 22°12'21" West, departing the southerly R.O.W.
line of said Pine Valley Drive, and along the westerly line of said
20.00 acre tract and said Reserve "A", a distance of 550.24 feet to
a 5/8-inch iron rod found marking an exterior corner of said 20.00
acre tract and an interior corner of the herein describe tract;
THENCE, South 18°27'27" East, continuing along said westerly
line, a distance of 504.76 feet, to a 5/8-inch iron rod with cap
stamped "WEST BELT SURVEYING INC" found marking the southwest
corner of said 20.00 acre tract and said Reserve "A", and in the
south line of said TRACT FOUR, and in the north line of a called
7.4806 acre tract conveyed to William Lewis Pattillo III, ET UX. as
recorded under M.C.C.F. NO. 2005137433, and marking the southeast
corner of the herein described tract;
THENCE, South 71°32'33" West, along the south line of said
TRACT FOUR, common with the northerly line of said 7.4806 acre
tract, and a called 7.0047 acre tract conveyed to Darrel Caldwell,
ET UX., passing at a distance of 369.97 feet, a 1/2-inch iron rod
found marking the common north corner of said 7.4806 acre tract and
said 7.0047 acre tract, continuing a total distance of 423.29 feet,
to an angle in the said common line, from which a found 1/2-inch
iron pipe bears, South 64 39' 0.2 feet;
THENCE, North 77°47'56" West, along the southerly line of said
TRACT FOUR, common with the northerly lines of said 7.0047 acre
tract, a called 8.005 acre tract conveyed to Michelle and Gregory
Mills as recorded under M.C.C.F. NO. 2021020741, Reserve "A", of
Replat of Willowridge Estates section One, as recorded under CAB.
D, SHT. 74 M.C.M.R., a called 5.98 acre tract conveyed to Diane and
Daniel Erb as recorded under M.C.C.F NO. 2021021750, and said TREND
tract 2, passing at a distance of 336.33 feet, a 1/2-inch iron rod
found marking the common north corner of said 7.0047 acre tract and
said 8.000 acre tract, continuing a total distance of 2,221.10
feet, to the POINT OF BEGINNING and containing 401.4 acres of land.
TRACT 2: 76.55 Acres
A 76.55 ACRE TRACT OF LAND IN THE JAMES EDWARDS SURVEY,
ABSTRACT NO. 190, MONTGOMERY COUNTY, TEXAS, BEING OUT OF AND A PART
OF A CALLED 47.932 ACRE TRACT (TRACT ONE), AND OUT OF AND A PART OF A
CALLED 410.539 ACRE TRACT (TRACT FOUR), BOTH CONVEYED TO CONROE
VENTURE, LTD. AND RECORDED UNDER MONTGOMERY COUNTY CLERK'S FILE
(M.C.C.F.) NO. 9149317, THE SAID 76.55 ACRE TRACT BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, (WITH
BEARINGS BASED ON TEXAS STATE PLANE COORDINATE SYSTEM OF 1983,
CENTRAL ZONE, AS DETERMINED BY GPS MEASUREMENTS):
BEGINNING at a 5/8-inch iron rod with cap stamped "E.H.R.A.
713-784-4500" set in the northerly Right-Of-Way (R.O.W.) line of
Pine Valley Drive (based on a variable width) dedicated under
Cabinet (CAB.) Z, Sheet (SHT.) 4404 of the Montgomery County Map
Records (M.C.M.R.), and in the southeasterly line of a called
43.796 acre tract conveyed to San Jacinto River Authority as
recorded under Montgomery County Clerk's File Number (M.C.C.F. NO.)
2009114038, common with the northwesterly line of said TRACT FOUR
marking the most westerly southwest corner of the herein described
tract;
THENCE, North 12°48'52" East, departing the northerly R.O.W.
line of said Pine Valley Drive, and along said common line, passing
at a distance of 1,035.12 feet, a 5/8-inch iron rod with cap stamped
"S&V Surveying" found marking the northeast corner of said 43.796
acre tract, and the southeast corner of Restricted Reserve "E",
Villas at White Oak Ranch, Section 1, map or plat thereof recorded
under CAB. Z, SHT. 4853 M.C.M.R., continuing a total distance of
1,135.27 feet, to a 1-inch iron rod found marking an interior corner
of said Restricted Reserve "E", and the northwest corner of said
TRACT FOUR, and the herein described tract;
THENCE, North 79°02'55" East, along the northerly line of said
TRACT FOUR, common with the southerly lines of said Villas at White
Oak Ranch, Section 1, Restricted Reserve "C", White Oak Ranch
Section 1, map or plat thereof recorded under CAB. Q, SHT. 74
M.C.M.R., Villas at White Oak Ranch, Section 2, map or plat thereof
recorded under CAB. Z, SHT. 6099 M.C.M.R., and a called 0.608 acre
tract conveyed to Aquasource Development Company, as recorded under
M.C.C.F. NO. 2001060128, passing at 18.40 feet a 1/2-inch iron rod
with cap stamped "TPS 100834-00" found marking the common south
corner between said Reserve "E", and Lot 28, Block 1 of said Villas
at White Oak Ranch Section 1, passing at a distance of 1,528.75
feet, a 5/8-inch iron rod found marking the common southerly corner
of said 0.608 acre tract, and Reserve "D", of said Villas at White
Oak Ranch, Section 2, continuing a total distance of 1,711.69 feet,
to the west line of Reserve "C", of said Villas at White Oak Ranch,
Section 2, marking the southeast corner of said 0.608 acre tract and
the most northerly corner of said TRACT FOUR, from which a nail
found bears, South 09°59' West, 0.9 feet;
THENCE, South 09°58'31" West, along the west line of said
Reserve "C", and a called 31.430 acre tract conveyed to John R.
Collett as recorded under M.C.C.F. NO. 2020139248, common with the
east line of said TRACT FOUR, a distance of 778.74 feet, to a
1/2-inch iron rod with cap stamped "TPS 1000-834-00" found marking
the southwest corner of said 31.430 acre tract, and an interior
corner of said TRACT FOUR, and the herein described tract;
THENCE, South 79°46'17" East, along the southerly line of said
31.430 acre tract, a distance of 1,357.92 feet, to a 5/8-inch iron
rod with cap stamped "E.H.R.A. 713-784-4500" set marking the
southeast corner of said 31.430 acre tract, common with the
southwest corner of Lot 1, Stovall West, map or plat thereof
recorded under CAB. Z, SHT. 3834 M.C.M.R., from which a found
1/2-inch iron rod bears North 12°41' East, 1.2 feet;
THENCE, South 79°56'30" East, along the southerly line of said
Stovall West subdivision, and White Oak Manor, map of plat thereof
recorded under CAB. A, SHT. 23 M.C.M.R., passing at a distance of
519.57 feet, a 1/2-inch iron rod found marking the common southerly
corners of Stovall West section 1, and White Oak Manor, passing at a
distance of 764.77 feet, a 1/2-inch iron pipe (bent) found marking
the common southerly corner of Lot 9 and 10, White Oak Manor,
continuing a total distance of 2,058.31 feet, to a 5/8-inch iron rod
with cap stamped "E.H.R.A. 713-784-4500" set in the south line of
Lot 14, White Oak Manor, marking the northwest corner of a called
6.045 acre tract conveyed to Stephen Scott Spiller as recorded
under M.C.C.F. NO. 2009086905, and a northerly corner of said TRACT
ONE, and the herein described tract;
THENCE, South 0°13'07" East, departing the southerly line of
said White Oak Manor, and along the easterly line of said TRACT ONE,
common with the westerly lines of said 6.045 acre tract, and a
called 4.058 acre tract conveyed to Bonnie Jean Laramore as
recorded under M.C.C.F. NO. 2018085525, a distance of 662.85 feet,
to a 5/8-inch iron rod found marking the southwest corner of said
4.058 acre tract, and an interior corner of said TRACT ONE, and the
herein describe tract;
THENCE, North 69°14'55" East, along the southerly line of said
4.058 acre tract common with the north line of said TRACT ONE, a
distance of 552.90 feet, to a 5/8-inch iron rod with cap stamped
"E.H.R.A. 713-784-4500" set marking an angle in the said common
line;
THENCE, North 24°15'41" West, along said common line, a
distance of 126.31 feet to a 5/8-inch iron rod with cap stamped
"E.H.R.A. 713-784-4500" set marking an angle in the said common
line;
THENCE, North 65°29'42" East, along said common line a
distance of 581.14 feet, to a 1/2-inch iron rod with cap stamped
"Jeff Moon RPLS 4639" found in the southwesterly R.O.W. line of
Longmire Road (based on a variable width) marking the northwest
corner of a called 0.150 acre public street easement granted to the
city of Conroe as recorded under M.C.C.F. NO. 2012011632, and the
most easterly southeast corner of said 4.058 acre tract, and the
most easterly northeast corner of said TRACT ONE, and the herein
described tract;
THENCE, South 30°28'33" East, along the west line of said
0.150 acre public street easement, a distance of 341.77 feet, to a
5/8-inch iron rod with cap stamped "E.H.R.A. 713-784-4500" set
marking the southwest corner of said called 0.150 acre public
street easement, and the northwest corner of a called 0.578 acre
public street easement granted to city of Conroe as recorded under
M.C.C.F. NO. 2012011630, and an angle in the westerly R.O.W. line of
said Longmire Road;
THENCE, South 29°44'08" East, continuing along the westerly
R.O.W. line of said Longmire Road, and said 0.578 acre tract, a
distance o f 83.92 feet, to a 5/8-inch iron rod with cap stamped
"E.H.R.A. 713-784-4500" set marking the southeast corner of the
herein described tract, and the beginning of a curve to the right;
THENCE, departing the westerly R.O.W. line of said Longmire
Road, and along the northerly R.O.W. line of said Pine Valley Drive
the following fifteen (15) courses and distances:
In a southerly direction, along a curve to the right, having a
radius of 25.00 feet, a central angle of 88°58'45" (chord bears,
South 14°45'15" West, 35.04 feet) and an arc distance of 38.82 feet,
to a 5/8-inch iron rod with cap stamped "E.H.R.A. 713-784-4500" set
marking the point of tangency;
South 59°14'37" West, a distance of 292.28 feet, to a 5/8-inch
iron rod with cap stamped "E.H.R.A. 713-784-4500" set marking the
beginning of a curve to the right;
In a northwesterly direction, along said curve to the right,
having a radius of 1,156.00 feet, a central angle of 79°51'01"
(chord bears North 80°49'59" West, 1,483.81 feet) and an arc
distance of 1,611.06 feet, to a 5/8-inch iron rod with cap stamped
"E.H.R.A. 713-784-4500" set marking the point of tangency;
North 40°54'28" West, a distance of 298.45 feet, to a 5/8-inch
iron rod with cap stamped "E.H.R.A. 713- 784-4500" set marking the
beginning of a curve to the left;
In a northwesterly direction, along said curve to the left,
having a radius of 1,244.00 feet, a central angle of 38°55'52"
(chord bears, North 60°22'24" West, 829.10 feet) and an arc distance
of 845.27 feet, to a 5/8-inch iron rod (bent) found marking the
point of tangency;
North 79°50'20" West, a distance of 1,282.23 feet, to a
5/8-inch iron rod with cap stamped "E.H.R.A. 713-784-4500" set
marking the beginning of a curve to the left;
In a westerly direction, along said curve to the left, having
a radius of 1,044.00, a central angle of 28°03'11" (chord bears,
South 86°08'05" West, 506.07 feet) and an arc distance of 511.16
feet, to the point of tangency, from which a found 5/8-inch iron rod
bears North 07°18' west, 0.5 feet;
South 72°06'29" West, a distance of 52.46 feet, to the
beginning of a curve to the left, from which a found 5/8-inch iron
rod bears, North 88°29' West, 0.3 feet;
In a southwesterly direction, along said curve to the left,
having a radius of 844.00 feet, a central angle of 28°18'34" (chord
bears, South 57°57'12" West, 412.79 feet) and an arc distance of
417.01 feet, to a 5/8-inch iron rod with cap stamped "Jeff Moon RPLS
4639" found marking the end of said curve;
South 47°17'16" East, a distance of 24.85 feet, to a 5/8-inch
iron rod with cap stamped "Jeff Moon RPLS 4639" found marking an
exterior corner of the herein described tract;
South 42°42'44" West, a distance of 189.59 feet, to a 5/8-inch
iron rod with cap stamped "E.H.R.A. 713-784-4500" set marking the
beginning of a curve to the right;
In a southwesterly direction, along said curve to the right,
having a radius of 931.00 feet, a central angle of 60°39'48" (chord
bears, South 73°02'37" West, 940.32 feet) and an arc distance of
985.72 feet, to a 5/8-inch iron rod with cap stamped "Jeff Moon RPLS
4639" found marking the point of tangency;
North 76°37'29" West, a distance of 414.93 feet, to an angle
in the said R.O.W. line, from which a found 1/2-inch iron rod (bent)
bears South 41°27' East, 0.2 feet;
North 13°22'31" East, a distance of 65.00 feet, to a 5/8-inch
iron rod with cap stamped "E.H.R.A. 713-784-4500" set marking an
angle in the north R.O.W. line;
North 76°37'29" West, a distance of 170.09 feet, to the POINT
OF BEGINNING and containing 76.55 acres of land.
TRACT 3: 16.40 Acres
A 16.40 ACRE TRACT OF LAND IN THE JAMES EDWARDS SURVEY,
ABSTRACT NO. 190, MONTGOMERY COUNTY, TEXAS, BEING ALL OF A CALLED
7.5 ACRE TRACT (TRACT THREE) AND OUT OF AND A PART OF A CALLED
410.539 ACRE TRACT (TRACT FOUR), BOTH CONVEYED TO CONROE VENTURE,
LTD. AND RECORDED UNDER MONTGOMERY COUNTY CLERK'S FILE (M.C.C.F.)
NO. 9149317, THE SAID 16.40 ACRE TRACT BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS, (WITH BEARINGS BASED ON
TEXAS STATE PLANE COORDINATE SYSTEM OF 1983, CENTRAL ZONE, AS
DETERMINED BY GPS MEASUREMENTS):
BEGINNING at a 1/2-inch iron rod found in the southwesterly
Right-Of-Way (R.O.W.) line of Longmire Road (base on a variable
width) marking the southwest corner of a called 0.283 acre Public
Street Easement granted to City of Conroe as recorded under
M.C.C.F. NO. 2012011629, and the northeast corner of Lot 1, Block 1,
of Smith Place on Longmire Section 1, map or plat thereof recorded
under Cabinet (CAB.) Z, Sheet (SHT.) 4635 Montgomery County Map
Records (M.C.M.R.), and the southeast corner of said TRACT THREE
and the herein described tract;
THENCE, South 71°38'45" West, departing the southwesterly
R.O.W. line of said Longmire road, along the south line of said
TRACT THREE, common with the north line of said Lot 1, Block 1, a
distance of 774.14 feet, to the northeast line of a called 3.979
acre tract conveyed to Charles P. Peters III, ET UX. as recorded
under M.C.C.F. NO. 9143598, marking the northwest corner of said
Lot 1, Block 1, and the southwest corner of said TRACT THREE, and
the herein described tract, from which a found 1/2-inch iron rod
bears, South 30°26' East, 0.3 feet;
THENCE, North 18°17'47" West, along the northeasterly line of
said 3.979 acre tract, common with the southwest line of said TRACT
THREE, a distance of 433.40 feet, to a 1/2-inch iron rod found in
the southerly line of said TRACT FOUR, marking the northeast corner
of said 3.979 acre tract, the southeast corner of a called 20.00
acre tract conveyed to Board of Trustees of the Willis Independent
School District as recorded under M.C.C.F. NO. 2019109575, and the
northwest corner of said 7.5 acre tract, and an angle in the west
line of the herein described tract;
THENCE, North 18°30'26" West, along the east line of said
20.00 acre tract, and the west line of the herein described tract, a
distance of 621.17 feet, to a 5/8-inch iron rod with cap stamped
"E.H.R.A. 713-784-4500", set in the southerly R.O.W. line of Pine
Valley Drive (based on a variable width) as dedicated in CAB. Z,
SHT. 4404 M.C.M.R., marking the northeast corner of said 20.00 acre
tract, and the northwest corner of the herein described tract, and
the beginning of a non-tangent curve to the left;
THENCE, In a northeasterly direction, along said curve to the
left, and along the southerly R.O.W. line of said Pine Valley Drive,
having a radius of 1,254.00 feet, a central angle of 10°00'50"
(chord bears, North 64°15'02" East, 218.89 feet) and an arc distance
of 219.17 feet, to a 5/8-inch iron rod with cap stamped "E.H.R.A.
713-784-4500", set marking the point of tangency;
THENCE, North 59°14'37" East, continuing along the southerly
R.O.W. line of said Pine Valley Drive, a distance of 289.20 feet, to
a 5/8-inch iron rod with cap stamped "E.H.R.A. 713-784-4500" set
marking the beginning of a curve to the right;
THENCE, in a southeasterly direction, continuing along said
southerly R.O.W. line, along said curve to the right, having a
radius of 25.00 feet, a central angle of 92°04'20" (chord bears,
South 76°41'06" East, 35.99 feet) and an arc distance of 40.17, to
the southwesterly line of a called 0.578 acre public street
easement granted to city of Conroe as recorded under M.C.C.F. NO.
2012011630 and the southwesterly R.O.W. line of said Longmire Road,
and the northeast corner of the herein described tract, from which a
found 5/8-inch iron rod with cap stamped "Jeff Moon RPLS 4639"
bears, South 39°53' West, 1.5 feet;
THENCE, South 29°44'08" East, along the southwesterly R.O.W.
line of said Longmire Road, and said 0.578 acre tract, a distance of
389.61 feet, to a 5/8-inch iron rod with cap stamped "E.H.R.A.
713-784-4500" set marking an angle in said 0.578 acre tract and the
R.O.W. line of Longmire Road;
THENCE, South 31°06'09" East, continuing along the
southwesterly R.O.W. line of said Longmire Road, a distance of
762.81 feet, to the POINT OF BEGINNING and containing 16.40 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
7958A, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 7958A.0306 to read as
follows:
Sec. 7958A.0306. 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 January 1, 2024.