Texas 2023 - 88th Regular

Texas House Bill HB5337 Compare Versions

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11 H.B. No. 5337
22
33
44 AN ACT
55 relating to the creation of the Montgomery County Municipal Utility
66 District No. 204; granting a limited power of eminent domain;
77 providing authority to issue bonds; providing authority to impose
88 assessments, fees, and taxes.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Subtitle F, Title 6, Special District Local Laws
1111 Code, is amended by adding Chapter 8061 to read as follows:
1212 CHAPTER 8061. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 204
1313 SUBCHAPTER A. GENERAL PROVISIONS
1414 Sec. 8061.0101. DEFINITIONS. In this chapter:
1515 (1) "Board" means the district's board of directors.
1616 (2) "Commission" means the Texas Commission on
1717 Environmental Quality.
1818 (3) "Director" means a board member.
1919 (4) "District" means the Montgomery County Municipal
2020 Utility District No. 204.
2121 Sec. 8061.0102. NATURE OF DISTRICT. The district is a
2222 municipal utility district created under Section 59, Article XVI,
2323 Texas Constitution.
2424 Sec. 8061.0103. CONFIRMATION AND DIRECTOR ELECTION
2525 REQUIRED. The temporary directors shall hold an election to
2626 confirm the creation of the district and to elect five permanent
2727 directors as provided by Section 49.102, Water Code.
2828 Sec. 8061.0104. CONSENT OF MUNICIPALITY REQUIRED. The
2929 temporary directors may not hold an election under Section
3030 8061.0103 until each municipality in whose corporate limits or
3131 extraterritorial jurisdiction the district is located has
3232 consented by ordinance or resolution to the creation of the
3333 district and to the inclusion of land in the district as required by
3434 applicable law.
3535 Sec. 8061.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
3636 (a) The district is created to serve a public purpose and benefit.
3737 (b) The district is created to accomplish the purposes of:
3838 (1) a municipal utility district as provided by
3939 general law and Section 59, Article XVI, Texas Constitution; and
4040 (2) Section 52, Article III, Texas Constitution, that
4141 relate to the construction, acquisition, improvement, operation,
4242 or maintenance of macadamized, graveled, or paved roads, or
4343 improvements, including storm drainage, in aid of those roads.
4444 Sec. 8061.0106. INITIAL DISTRICT TERRITORY. (a) The
4545 district is initially composed of the territory described by
4646 Section 2 of the Act enacting this chapter.
4747 (b) The boundaries and field notes contained in Section 2 of
4848 the Act enacting this chapter form a closure. A mistake made in the
4949 field notes or in copying the field notes in the legislative process
5050 does not affect the district's:
5151 (1) organization, existence, or validity;
5252 (2) right to issue any type of bond for the purposes
5353 for which the district is created or to pay the principal of and
5454 interest on a bond;
5555 (3) right to impose a tax; or
5656 (4) legality or operation.
5757 SUBCHAPTER B. BOARD OF DIRECTORS
5858 Sec. 8061.0201. GOVERNING BODY; TERMS. (a) The district is
5959 governed by a board of five elected directors.
6060 (b) Except as provided by Section 8061.0202, directors
6161 serve staggered four-year terms.
6262 Sec. 8061.0202. TEMPORARY DIRECTORS. (a) The temporary
6363 board consists of:
6464 (1) Rusty Campbell;
6565 (2) Gordon Richardson;
6666 (3) Greg Eknoyan;
6767 (4) Clint Pendleton; and
6868 (5) Mark Butler.
6969 (b) Temporary directors serve until the earlier of:
7070 (1) the date permanent directors are elected under
7171 Section 8061.0103; or
7272 (2) the fourth anniversary of the effective date of
7373 the Act enacting this chapter.
7474 (c) If permanent directors have not been elected under
7575 Section 8061.0103 and the terms of the temporary directors have
7676 expired, successor temporary directors shall be appointed or
7777 reappointed as provided by Subsection (d) to serve terms that
7878 expire on the earlier of:
7979 (1) the date permanent directors are elected under
8080 Section 8061.0103; or
8181 (2) the fourth anniversary of the date of the
8282 appointment or reappointment.
8383 (d) If Subsection (c) applies, the owner or owners of a
8484 majority of the assessed value of the real property in the district
8585 may submit a petition to the commission requesting that the
8686 commission appoint as successor temporary directors the five
8787 persons named in the petition. The commission shall appoint as
8888 successor temporary directors the five persons named in the
8989 petition.
9090 SUBCHAPTER C. POWERS AND DUTIES
9191 Sec. 8061.0301. GENERAL POWERS AND DUTIES. The district
9292 has the powers and duties necessary to accomplish the purposes for
9393 which the district is created.
9494 Sec. 8061.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
9595 DUTIES. The district has the powers and duties provided by the
9696 general law of this state, including Chapters 49 and 54, Water Code,
9797 applicable to municipal utility districts created under Section 59,
9898 Article XVI, Texas Constitution.
9999 Sec. 8061.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
100100 52, Article III, Texas Constitution, the district may design,
101101 acquire, construct, finance, issue bonds for, improve, operate,
102102 maintain, and convey to this state, a county, or a municipality for
103103 operation and maintenance macadamized, graveled, or paved roads, or
104104 improvements, including storm drainage, in aid of those roads.
105105 Sec. 8061.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
106106 road project must meet all applicable construction standards,
107107 zoning and subdivision requirements, and regulations of each
108108 municipality in whose corporate limits or extraterritorial
109109 jurisdiction the road project is located.
110110 (b) If a road project is not located in the corporate limits
111111 or extraterritorial jurisdiction of a municipality, the road
112112 project must meet all applicable construction standards,
113113 subdivision requirements, and regulations of each county in which
114114 the road project is located.
115115 (c) If the state will maintain and operate the road, the
116116 Texas Transportation Commission must approve the plans and
117117 specifications of the road project.
118118 Sec. 8061.0305. COMPLIANCE WITH MUNICIPAL CONSENT
119119 ORDINANCE OR RESOLUTION. The district shall comply with all
120120 applicable requirements of any ordinance or resolution that is
121121 adopted under Section 54.016 or 54.0165, Water Code, and that
122122 consents to the creation of the district or to the inclusion of land
123123 in the district.
124124 Sec. 8061.0306. DIVISION OF DISTRICT. (a) The board, on
125125 its own motion or on receipt of a petition signed by the owner or
126126 owners of a majority of the assessed value of the real property in
127127 the district, may adopt an order dividing the district.
128128 (b) An order dividing a district may create one or more new
129129 districts and may provide for the continuation of the district.
130130 (c) An order dividing the district shall:
131131 (1) name any new district;
132132 (2) include the metes and bounds description of the
133133 territory of each of the districts;
134134 (3) appoint temporary directors for any new district;
135135 and
136136 (4) provide for the division of assets and liabilities
137137 between the districts.
138138 (d) The board may adopt an order dividing the district
139139 before or after the date the board holds an election to confirm the
140140 district's creation.
141141 (e) The district may be divided only if the district:
142142 (1) has no outstanding bonded debt; and
143143 (2) is not imposing ad valorem taxes.
144144 (f) A new district created by the division of the district
145145 may not, at the time the new district is created, contain any land
146146 outside the area described by Section 2 of the Act enacting this
147147 chapter.
148148 (g) On or before the 30th day after the date of adoption of
149149 an order dividing the district, the district shall file the order
150150 with the commission and record the order in the real property
151151 records of each county in which the district is located.
152152 (h) This chapter applies to any new district created by the
153153 division of the district, and a new district has all the powers and
154154 duties of the district.
155155 (i) A new district created by the division of the district
156156 shall hold a confirmation and directors' election.
157157 (j) If the creation of the new district is confirmed, the
158158 new district shall provide the election date and results to the
159159 commission.
160160 (k) A new district created by the division of the district
161161 must hold an election as required by this chapter to obtain voter
162162 approval before the district may impose a maintenance tax or issue
163163 bonds payable wholly or partly from ad valorem taxes.
164164 (l) The district may continue to rely on confirmation,
165165 directors', bond, or tax elections held prior to the division.
166166 (m) Municipal consent to the creation of the district and to
167167 the inclusion of land in the district acts as municipal consent to
168168 the creation of any new district created by the division of the
169169 district and to the inclusion of land in the new district.
170170 Sec. 8061.0307. LIMITATION ON USE OF EMINENT DOMAIN. The
171171 district may not exercise the power of eminent domain outside the
172172 district to acquire a site or easement for:
173173 (1) a road project authorized by Section 8061.0303; or
174174 (2) a recreational facility as defined by Section
175175 49.462, Water Code.
176176 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
177177 Sec. 8061.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
178178 The district may issue, without an election, bonds and other
179179 obligations secured by:
180180 (1) revenue other than ad valorem taxes; or
181181 (2) contract payments described by Section 8061.0403.
182182 (b) The district must hold an election in the manner
183183 provided by Chapters 49 and 54, Water Code, to obtain voter approval
184184 before the district may impose an ad valorem tax or issue bonds
185185 payable from ad valorem taxes.
186186 (c) The district may not issue bonds payable from ad valorem
187187 taxes to finance a road project unless the issuance is approved by a
188188 vote of a two-thirds majority of the district voters voting at an
189189 election held for that purpose.
190190 Sec. 8061.0402. OPERATION AND MAINTENANCE TAX. (a) If
191191 authorized at an election held under Section 8061.0401, the
192192 district may impose an operation and maintenance tax on taxable
193193 property in the district in accordance with Section 49.107, Water
194194 Code.
195195 (b) The board shall determine the tax rate. The rate may not
196196 exceed the rate approved at the election.
197197 Sec. 8061.0403. CONTRACT TAXES. (a) In accordance with
198198 Section 49.108, Water Code, the district may impose a tax other than
199199 an operation and maintenance tax and use the revenue derived from
200200 the tax to make payments under a contract after the provisions of
201201 the contract have been approved by a majority of the district voters
202202 voting at an election held for that purpose.
203203 (b) A contract approved by the district voters may contain a
204204 provision stating that the contract may be modified or amended by
205205 the board without further voter approval.
206206 SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
207207 Sec. 8061.0501. AUTHORITY TO ISSUE BONDS AND OTHER
208208 OBLIGATIONS. The district may issue bonds or other obligations
209209 payable wholly or partly from ad valorem taxes, impact fees,
210210 revenue, contract payments, grants, or other district money, or any
211211 combination of those sources, to pay for any authorized district
212212 purpose.
213213 Sec. 8061.0502. TAXES FOR BONDS. At the time the district
214214 issues bonds payable wholly or partly from ad valorem taxes, the
215215 board shall provide for the annual imposition of a continuing
216216 direct ad valorem tax, without limit as to rate or amount, while all
217217 or part of the bonds are outstanding as required and in the manner
218218 provided by Sections 54.601 and 54.602, Water Code.
219219 Sec. 8061.0503. BONDS FOR ROAD PROJECTS. At the time of
220220 issuance, the total principal amount of bonds or other obligations
221221 issued or incurred to finance road projects and payable from ad
222222 valorem taxes may not exceed one-fourth of the assessed value of the
223223 real property in the district.
224224 SECTION 2. The Montgomery County Municipal Utility District
225225 No. 204 initially includes all the territory contained in the
226226 following area:
227227 Being the 2506.15 acres of land, situated in the SAMUEL
228228 LINDLEY SURVEY, A-23, JOSE MARIA DE LA GARZA GRANT, A-15, RICHARD
229229 WILLIAMS SURVEY, A-596 and the T.C. STEVENS SURVEY, A-525,
230230 Montgomery County, Texas and being:
231231 1. Part of a called 1432.5101 acre tract of land described
232232 as PARCEL 4 in a Special Warranty Deed dated April 25, 2018 from
233233 Apitx 5 LLC to Michael G. Manners, Trustee of the Michael G. Manners
234234 Revocable Trust Dated September 8, 2017recorded in Volume 1322,
235235 Page 463, Official Public Records, Montgomery County, Texas
236236 (MCOPR);
237237 2. All of a called 532.4888 acre tract of land described as
238238 PARCEL 1 in said Deed dated April 25, 2018 from Apitx 5 LLC to
239239 Michael G. Manners, Trustee of the Michael G. Manners Revocable
240240 Trust Dated September 8, 2017 recorded in Volume 1322, Page 463,
241241 MCOPR;
242242 3. All of a called 66.3792 acre tract of land described in a
243243 Deed dated December 8, 2017 from Maria De La Luz Ortiz, et vir to
244244 Michael G. Manners, Trustee of the Michael G. Manners Revocable
245245 Trust recorded under Clerk's File Number (CFN) 2017111540, MCOPR;
246246 4. All of the following four (4) tracts described in a Deed
247247 dated October 15, 2014 from Harry N. Kerr and Rendy Kerr to Michael
248248 G. Manners recorded under CFN 2017111540, MCOPR:
249249 ● PARCEL ONE (1) 187.56 acre tract of land,
250250 ● PARCEL TWO (2) 131.49 acre tract of land,
251251 ● PARCEL THREE (3) 104.94 acre tract of land,
252252 ● PARCEL FOUR (4) 85.32 acre tract of land;
253253 Said 2506.15 acres being all of the 2510.10 acre tract
254254 described hereafter, SAVE AND EXCEPT 3.95 acres within the fenced
255255 margin of Rogers Road, a.k.a. Old Willis New Waverly Road (county
256256 maintained asphalt surface), described hereinafter the below
257257 description;
258258 Said 2510.10 acres being more definitely described by metes
259259 and bounds as follows:
260260 BEGINNING at the northernmost west corner of the said
261261 1432.5101 acre Manners tract and this tract, the northernmost
262262 corner of a called 132.3296 acre tract of land described in a Deed
263263 to Edward E. Hartline, et ux recorded under CFN 9656185, MCOPR, the
264264 easternmost corner of a called 9.333 acre tract of land described in
265265 a Deed to Edward E. Hartline and Deborah W. Hartline recorded under
266266 CFN 2001052161, MCOPR and the southernmost corner of a called 45.19
267267 acre tract of land described in a Deed to Francine Stewart recorded
268268 under CFN 56023, Official Public Records of Walker County, TX
269269 (WCOPR);
270270 THENCE N 65°41'07" E, a distance of 884.12 feet <calculated>
271271 with the following boundary lines:
272272 ● a northwesterly line of the said 1432.5101 acre Manners
273273 tract and this tract,
274274 ● the south east line of the said 45.19 acre Stewart tract,
275275 to a point for corner of the following tracts:
276276 ● in the northernmost northwest line of the said 1432.5101
277277 acre Manners tract and a west angle corner in the westerly north
278278 line this tract,
279279 ● in the southerly line of the said 45.19 acre Stewart
280280 tract,
281281 ● in the common line of the SAMUEL LINDLEY SURVEY, A-23
282282 (Montgomery County) and A-29 (Walker County),
283283 ● in the approximate Montgomery County/Walker County line;
284284 THENCE N 87°31'06" E, across the said 1432.5101 acre Manners
285285 tract, a distance of 1394.41 feet <calculated based upon GIS data,
286286 see note no. 3> with the following boundary lines:
287287 ● the westerly north line of this tract,
288288 ● the common line of the SAMUEL LINDLEY SURVEY, A-23
289289 (Montgomery County) and A-29 (Walker County),
290290 ● the approximate Montgomery County/Walker County line, to
291291 a point for corner of the following tracts:
292292 ● in a northerly interior line of the said 1432.5101 acre
293293 Manners tract and a northeast corner of this tract,
294294 ● the approximate northwest corner of the said JOSE MARIA DE
295295 LA GARZA GRANT, A-15,
296296 ● in the southwesterly line of a called 30.6 acre tract of
297297 land described in a Deed to Francine F. Stewart recorded under Inst.
298298 57729, WCOPR;
299299 THENCE S 24°31'02" E, a distance of 394.55 feet <calculated>
300300 with the following boundary lines:
301301 ● a northerly interior line of the said 1432.5101 acre
302302 Manners tract and this tract,
303303 ● the common line of the said JOSE MARIA DE LA GARZA GRANT,
304304 A-15 and the said SAMUEL LINDLEY SURVEY, A-23,
305305 ● the southwesterly line of the said 30.6 acre Stewart
306306 tract,
307307 to a point for corner of the following tracts:
308308 ● the northernmost interior ell corner of the said 1432.5101
309309 acre Manners tract and this tract,
310310 ● the southernmost corner of the said 30.6 acre Stewart
311311 tract;
312312 THENCE N 65°30'38" E, a distance of 975.97 feet with the
313313 following boundary lines:
314314 ● a northerly interior line of the said 1432.5101 acre
315315 Manners tract and this tract,
316316 ● the southeasterly line of the said 30.6 acre Stewart
317317 tract,
318318 to a point for corner of the following tracts:
319319 ● in a northerly interior line of the said 1432.5101 acre
320320 Manners tract and an exterior angle corner in the easterly north
321321 line of this tract,
322322 ● in the southeasterly line of the said 30.6 acre Stewart
323323 tract,
324324 ● in the common line of the said JOSE MARIA DE LA GARZA
325325 GRANT, A-15 (Montgomery County) and A-22 (Walker County),
326326 ● in said approximate Montgomery County/Walker County line;
327327 THENCE N 87°31'06" E, across the said 1432.5101 acre Manners
328328 tract, a distance of 533.70 feet <calculated based upon GIS data,
329329 see note no. 3> with the following boundary lines:
330330 ● the easterly north line of this tract,
331331 ● the common line of the said JOSE MARIA DE LA GARZA GRANT,
332332 A-15 (Montgomery County) and A-22 (Walker County),
333333 ● the said approximate Montgomery County/Walker County
334334 line,
335335 to a point for corner of the following tracts:
336336 ● in a northeasterly line of the said 1432.5101 acre Manners
337337 tract and an angle corner in the easterly north line of this tract,
338338 ● in the common line of the said JOSE MARIA DE LA GARZA
339339 GRANT, A-15 (Montgomery County) and A-22 (Walker County),
340340 ● in the said approximate Montgomery County/Walker County
341341 line;
342342 ● in an interior line of a called 50.23 acre tract of land
343343 described as Tract 2 in a Deed to Richard William Buckner recorded
344344 in Vol. 702, pg. 59, MCOPR;
345345 THENCE S 58°32'55" E, a distance of 74.17 feet with the
346346 following boundary lines:
347347 ● the northernmost northeast line of the said 1432.5101 acre
348348 Manners tract and this tract,
349349 ● an interior line of the said 50.23 acre Buckner tract,
350350 to a point for corner of the following tracts:
351351 ● a northeasterly angle corner of the said 1432.5101 acre
352352 Manners tract and this tract,
353353 ● a westerly interior angle corner of the said 50.23 acre
354354 Buckner tract;
355355 THENCE S 13°37'55" W, a distance of 940.82 feet with the
356356 following boundary lines:
357357 ● a northerly east line of the said 1432.5101 acre Manners
358358 tract and this tract,
359359 ● a south west line of the said 50.23 acre Buckner tract,
360360 to a point for corner of the following tracts:
361361 ● a northeasterly angle corner of the said 1432.5101 acre
362362 Manners tract and this tract,
363363 ● the southernmost southwest corner of the said 50.23 acre
364364 Buckner tract,
365365 ● in the westernmost north line of a called 199.62 acre
366366 tract of land described in a Deed to David W. Thompson and Lisa Ann
367367 Thompson recorded under CFN 2018005335, MCOPR;
368368 THENCE S 88°54'31" W, a distance of 134.13 feet with the
369369 following boundary lines:
370370 ● the northernmost south line of the said 1432.5101 acre
371371 Manners tract and this tract,
372372 ● the southernmost north line of the said 199.62 acre
373373 Thompson tract,
374374 to a point in the center of Chicken Creek for corner of the
375375 following tracts:
376376 ● a northeasterly interior angle corner of the said
377377 1432.5101 acre Manners tract and this tract,
378378 ● the southernmost northwest corner of the said 199.62 acre
379379 Thompson tract;
380380 THENCE S 16°14'50" W, a distance of 1214.37 feet with the
381381 following boundary lines:
382382 ● a northerly east line of the said 1432.5101 acre Manners
383383 tract and this tract,
384384 ● a west line of the said 199.62 acre Thompson tract,
385385 to a point for corner of the following tracts:
386386 ● an easterly interior angle corner of the said 1432.5101
387387 acre Manners tract and this tract,
388388 ● the westernmost corner of the said 199.62 acre Thompson
389389 tract;
390390 THENCE S 24°54'33" E, a distance of 1140.32 feet with the
391391 following boundary lines:
392392 ● an easterly interior line of the said 1432.5101 acre
393393 Manners tract and this tract,
394394 ● the southernmost west line of the said 199.62 acre
395395 Thompson tract,
396396 ● the common line of the said JOSE MARIA DE LA GARZA GRANT,
397397 A-15 and the said SAMUEL LINDLEY SURVEY, A-23,
398398 to a point for corner of the following tracts:
399399 ● an easterly interior ell corner of the said 1432.5101 acre
400400 Manners tract and this tract,
401401 ● the southwest corner of the said 199.62 acre Thompson
402402 tract;
403403 THENCE N 65°38'47" E, a distance of 839.59 feet with the
404404 following boundary lines:
405405 ● an easterly north line of the said 1432.5101 acre Manners
406406 tract and this tract,
407407 ● the southerly line of the said 199.62 acre Thompson tract,
408408 to a point for corner of the following tracts:
409409 ● an easterly northeast corner of the said 1432.5101 acre
410410 Manners tract and this tract,
411411 ● in the southerly line of the said 199.62 acre Thompson
412412 tract,
413413 ● the westernmost corner of a called 67.542 acre tract of
414414 land described in a Deed to Donnie O. Chumley, et ux recorded under
415415 Film Code Number (FCN) 472-01-2169, Official Public Records of Real
416416 Property, Montgomery County, TX (MCRPR);
417417 THENCE S 25°05'13" E, a distance of 3498.14 feet with the
418418 following boundary lines:
419419 ● an east line of the said 1432.5101 acre Manners tract and
420420 this tract,
421421 ● the west line of the said 67.542 acre Chumley tract,
422422 ● the southernmost westerly line of a called 30.00 acre
423423 tract of land described in a Deed to Glen E. Koy, Jr. recorded under
424424 FCN 743-01-1612, MCRPR,
425425 ● the westerly line of a called 10.00 acre tract of land
426426 described in a Deed to James A. Hammons, et ux recorded under FCN
427427 323-01-2205, MCRPR,
428428 ● the westerly line of a called 10.00 acre tract of land
429429 described in a Deed to James T. Hammons, et ux recorded under FCN
430430 452-13-1112, MCOPR,
431431 ● the westerly line of a called 9.95 acre tract of land
432432 described in a Deed to James T. Hammons recorded under CFN
433433 2018095675, MCOPR,
434434 ● the northernmost west line of a called 29.90 acre tract of
435435 land described in a Deed to Matthew S. Herridge recorded under CFN
436436 2018090717, MCOPR,
437437 to a point for corner of the following tracts:
438438 ● a southeast corner of the said 1432.5101 acre Manners
439439 tract and this tract,
440440 ● a westerly interior ell corner of the said 29.90 acre
441441 Herridge tract;
442442 THENCE S 62°57'14" W, a distance of 920.75 feet with the
443443 following boundary lines:
444444 ● an easterly southeast line of the said 1432.5101 acre
445445 Manners tract and this tract,
446446 ● the lower northwest line of the said 29.90 acre Herridge
447447 tract,
448448 to a point for corner of the following tracts:
449449 ● an easterly interior ell corner of the said 1432.5101 acre
450450 Manners tract and this tract,
451451 ● the westernmost corner of the said 29.90 acre Herridge
452452 tract,
453453 ● in the common line of the said JOSE MARIA DE LA GARZA
454454 GRANT, A-15 and the said SAMUEL LINDLEY SURVEY, A-23;
455455 THENCE S 25°14'14" E, a distance of 3418.55 feet with the
456456 following boundary lines:
457457 ● an easterly northeast line of the said 1432.5101 acre
458458 Manners tract and this tract,
459459 ● the westerly southwest line of the said 29.90 acre
460460 Herridge tract,
461461 ● the common line of the said JOSE MARIA DE LA GARZA GRANT,
462462 A-15 and the said SAMUEL LINDLEY SURVEY, A-23,
463463 ● the westerly line of a called 20.000 acre tract of land
464464 described in a Deed to Glen E. Koy, et ux recorded under CFN
465465 9676130, MCRPR,
466466 ● the westerly line of a called 16.416 acre tract of land
467467 described in a Deed to Glen Koy and Janice Koy recorded under CFN
468468 2004112851, MCRPR,
469469 ● the westerly line of a called 4.933 acre tract of land
470470 described in a Deed to Chad William Baylor recorded under CFN
471471 2011077678, MCOPR,
472472 ● the westerly line of a called 4.0000 acre tract of land
473473 described in a Deed to Rubin Allen Wood, et ux recorded under CFN
474474 201108049, MCOPR,
475475 ● the westerly line of a called 1.63 acre tract of land
476476 described in a Deed to Halbert L. Martin, Sr. and Kathryn L. Martin
477477 recorded under CFN 2015039488, MCOPR,
478478 to a point for corner of the following tracts:
479479 ● an easterly angle corner of the said 1432.5101 acre
480480 Manners tract and this tract,
481481 ● in the common line of the said JOSE MARIA DE LA GARZA
482482 GRANT, A-15 and the said SAMUEL LINDLEY SURVEY, A-23,
483483 ● in the fenced west margin of said Rogers Road;
484484 THENCE S 26°59'30" E, across the fenced margins of said Rogers
485485 Road, a distance of 174.33 feet <calculated> to a point for corner
486486 of the following tracts;
487487 ● the northernmost corner of the said 532.4888 acre Manners
488488 tract and an easterly angle corner of this tract,
489489 ● in the common line of the said JOSE MARIA DE LA GARZA
490490 GRANT, A-15 and the said SAMUEL LINDLEY SURVEY, A-23,
491491 ● in the fenced east margin of said Rogers Road,
492492 ● the westernmost northwest corner of Mt. Zion Acres
493493 Subdivision according to Plat recorded in Cabinet D, Sheet 108-B
494494 and also recorded under CFN 8311986;
495495 THENCE S 25°40'43" E, a distance of 1275.80 feet with the
496496 following boundary lines:
497497 ● a westerly northeast line of the said 532.4888 acre
498498 Manners tract and an interior northeast line of this tract,
499499 ● the westernmost line of the said Mt. Zion Acres
500500 Subdivision,
501501 ● the common line of the said JOSE MARIA DE LA GARZA GRANT,
502502 A-15 and the said SAMUEL LINDLEY SURVEY, A-23,
503503 to a point for corner of the following tracts:
504504 ● a westerly interior angle corner of the said 532.4888 acre
505505 Manners tract and a central interior angle corner of this tract,
506506 ● the westernmost southwest corner of the said Mt. Zion
507507 Acres Subdivision,
508508 ● in the common line of the said JOSE MARIA DE LA GARZA
509509 GRANT, A-15 and the said SAMUEL LINDLEY SURVEY, A-23;
510510 THENCE S 88°39'00" E, a distance of 527.46 feet with the
511511 following boundary lines:
512512 ● the westernmost north line of the said 532.4888 acre
513513 Manners tract and an central north line of this tract,
514514 ● the westernmost south line of the said Mt. Zion Acres
515515 Subdivision,
516516 to a point for corner of the following tracts:
517517 ● the westernmost northeast corner of the said 532.4888 acre
518518 Manners tract and a northeast corner of this tract,
519519 ● a southerly interior angle corner of the said Mt. Zion
520520 Acres Subdivision;
521521 THENCE S 25°03'48" E, a distance of 398.07 feet with the
522522 following boundary lines:
523523 ● a northerly interior line of the said 532.4888 acre
524524 Manners tract and this tract,
525525 ● the southernmost west line of the said Mt. Zion Acres
526526 Subdivision,
527527 to a point for corner of the following tracts:
528528 ● a northerly interior angle corner of the said 532.4888
529529 acre Manners tract and this tract,
530530 ● the southernmost southwest corner of the said Mt. Zion
531531 Acres Subdivision;
532532 THENCE S 87°44'57" E, a distance of 477.38 feet with the
533533 following boundary lines:
534534 ● a north line of the said 532.4888 acre Manners tract and
535535 this tract,
536536 ● the southernmost line of the said Mt. Zion Acres
537537 Subdivision,
538538 to a point for corner of the following tracts:
539539 ● in a north line of the said 532.4888 acre Manners tract and
540540 this tract,
541541 ● the southeast corner of the said Mt. Zion Acres
542542 Subdivision,
543543 ● the southwest corner of the said 66.3792 acre Manners
544544 tract;
545545 THENCE N 22°23'08" W, a distance of 2871.09 feet with the
546546 following boundary lines:
547547 ● the west line of the said 66.3792 acre Manners tract and a
548548 west line of this tract,
549549 ● the east line of the said Mt. Zion Acres Subdivision,
550550 to a point for corner of the following tracts:
551551 ● the northwest corner of the said 66.3792 acre Manners
552552 tract and a lower northwest corner of this tract,
553553 ● the northeast corner of the said Mt. Zion Acres
554554 Subdivision,
555555 ● in the south margin of Mt. Zion Road (a county maintained
556556 asphalt surface);
557557 THENCE S 87°44'03" E, a distance of 1089.77 feet with the
558558 following boundary lines:
559559 ● the north line of the said 66.3792 acre Manners tract and a
560560 north line of this tract,
561561 ● the south margin of said Mt. Zion Road,
562562 to a point for corner of the following tracts:
563563 ● the northeast corner of the said 66.3792 acre Manners
564564 tract and a northeast corner of this tract,
565565 ● in the south margin of said Mt. Zion Road,
566566 ● the northwest corner of a called 4.00 acre tract described
567567 in a Deed to John Wesley Castine recorded under CFN 2011071469,
568568 MCOPR;
569569 THENCE S 22°32'05" E, a distance of 874.15 feet with the
570570 following boundary lines:
571571 ● an east line of the said 66.3792 acre Manners tract and
572572 this tract,
573573 ● the west line of the said 4.00 acre Castine tract,
574574 to a point for corner of the following tracts:
575575 ● an angle corner of the said 66.3792 acre Manners tract and
576576 this tract,
577577 ● the southwest corner of the said 4.00 acre Castine tract,
578578 ● the westernmost northwest corner of a called 44.5 acre
579579 tract conveyed to Ian Martin Gerrard recorded under CFN 2018099526,
580580 MCOPR and being more particularly described in a Deed recorded in
581581 Vol. 483, pg. 485, Deed Records of Montgomery County, TX (MCDR);
582582 THENCE S 22°35'50" E, a distance of 1126.95 feet with the
583583 following boundary lines:
584584 ● an east line of the said 66.3792 acre Manners tract and
585585 this tract,
586586 ● the west line of the said 44.5 acre Gerrard tract,
587587 to a point for corner of the following tracts:
588588 ● an angle corner of the said 66.3792 acre Manners tract and
589589 this tract,
590590 ● the southwest corner of the said 44.5 acre Gerrard tract,
591591 ● the easternmost northwest corner of the said 532.4888 acre
592592 Manners tract;
593593 THENCE N 89°38'34" E, a distance of 1363.00 feet with the
594594 following boundary lines:
595595 ● a north line of the said 532.4888 acre Manners tract and
596596 this tract,
597597 ● the south line of the said 44.5 acre Gerrard tract,
598598 to a point for corner of the following tracts:
599599 ● a northeast corner of the said 532.4888 acre Manners tract
600600 and this tract,
601601 ● in the south line of the said 44.5 acre Gerrard tract,
602602 ● the southernmost northwest corner of a called 57.790 acre
603603 tract of land described in a Deed to Jacob Slott recorded under CFN
604604 2017071820, MCOPR;
605605 THENCE S 14°49'59" E, a distance of 901.02 feet with the
606606 following boundary lines:
607607 ● an east line of the said 532.4888 acre Manners tract and
608608 this tract,
609609 ● the west line of the said 57.790 acre Slott tract,
610610 to a point for corner of the following tracts:
611611 ● an interior corner of the said 532.4888 acre Manners tract
612612 and this tract,
613613 ● the westernmost southwest corner of the said 57.790 acre
614614 Slott tract;
615615 THENCE S 87°45'59" E, a distance of 194.05 feet with the
616616 following boundary lines:
617617 ● an easterly north line of the said 532.4888 acre Manners
618618 tract and this tract,
619619 ● a south line of the said 57.790 acre Slott tract,
620620 to a point for corner of the following tracts:
621621 ● an angle corner of the said 532.4888 acre Manners tract
622622 and this tract,
623623 ● in a south line of the said 57.790 acre Slott tract;
624624 ● the northwest corner of a called 55.5169 acre tract of
625625 land described in a Deed to Jacob Slott recorded under CFN
626626 2018057080, MCOPR;
627627 THENCE generally in a southerly direction, with an east line
628628 of the said 532.4888 acre Manners tract and of this tract and the
629629 westerly line of the said 55.5169 acre Slott tract, the following
630630 five (5) calls:
631631 ● S 39°40'05" E, a distance of 437.68 feet to a point for
632632 corner,
633633 ● S 14°13'08" E, a distance of 84.58 feet to a point for
634634 corner,
635635 ● S 16°28'28" W, a distance of 289.38 feet to a point for
636636 corner,
637637 ● S 27°16'56" W, a distance of 648.82 feet to a point for
638638 corner,
639639 ● S 25°42'27" W, a distance of 1411.29 feet to a point for
640640 corner in the center of Little Caney Creek;
641641 THENCE generally in an easterly direction with the center of
642642 said Little Caney Creek, with a lower north line of the said
643643 532.4888 acre Manners tract and of this tract and the south line of
644644 the said 55.5169 acre Slott tract, the following eleven (11) calls:
645645 1) S 58°09'36" E, a distance of 260.72 feet to a point for
646646 corner,
647647 2) N 25°57'38" E, a distance of 230.21 feet to a point for
648648 corner,
649649 3) S 76°55'51" E, a distance of 62.79 feet to a point for
650650 corner,
651651 4) N 82°18'25" E, a distance of 250.28 feet to a point for
652652 corner,
653653 5) S 65°20'13" E, a distance of 341.62 feet to a point for
654654 corner,
655655 6) N 23°34'04" E, a distance of 133.93 feet to a point for
656656 corner,
657657 7) N 74°54'27" E, a distance of 209.23 feet to a point for
658658 corner,
659659 8) S 77°34'31" E, a distance of 104.01 feet to a point for
660660 corner,
661661 9) S 23°52'36" W, a distance of 145.46 feet to a point for
662662 corner,
663663 10) S 23°19'34" E, a distance of 147.34 feet to a point for
664664 corner,
665665 11) S 66°15'17" E, a distance of 271.00 feet to a point for
666666 the southernmost northeast corner of the said 532.4888 acre Manners
667667 tract, a lower northeast corner of this tract, the southernmost
668668 corner of the said 55.5169 acre Slott tract, in the center of said
669669 Little Caney Creek and in the westernmost line of a called 250 acre
670670 tract of land described in a Deed to Henry L. Pratt and Arthur C.
671671 Pratt recorded in Vol. 194, pg. 192, MCDR;
672672 THENCE S 00°25'07" W, a distance of 808.32 feet with the
673673 following boundary lines:
674674 ● the easternmost line of the said 532.4888 acre Manners
675675 tract and an east line of this tract,
676676 ● the westernmost line of the said 250 acre Pratt tract,
677677 to a point for corner of the following tracts:
678678 ● an angle corner in the easternmost line of the said
679679 532.4888 acre Manners tract and a central interior ell corner of
680680 this tract,
681681 ● the southwest corner of the said 250 acre Pratt tract,
682682 ● the northwest corner of the said 187.56 acre Manners
683683 tract;
684684 THENCE S 89°05'15" E, a distance of 2447.10 feet with the
685685 following boundary lines:
686686 ● the north line of the said 187.56 acre Manners tract and a
687687 north line of this tract,
688688 ● the south line of the said 250 acre Pratt tract,
689689 to a point in the center of Caney Creek for corner of the
690690 following tracts:
691691 ● an angle corner in the north line of the said 187.56 acre
692692 Manners tract and a central angle corner of this tract,
693693 ● in the south line of the said 250 acre Pratt tract,
694694 ● the northwest corner of a called 15.00 acre tract of land
695695 described in a Deed to Sue Ellen Dewees Gibson recorded under FCN
696696 957-01-2189, MCRPR;
697697 THENCE generally in a southerly direction with the center of
698698 said Caney Creek and with the east line of the following tracts:
699699 ● the said 187.56 acre Manners tract,
700700 ● the said 131.49 acre Manners tract,
701701 same being the west line of the following tracts:
702702 ● the said 15.00 acre Gibson tract,
703703 ● the residue of a called 218.401 acre tract of land
704704 described as Tract 2 in a Deed to Ellen Stewart Dewees recorded in
705705 Vol. 764, pg. 819, MCDR,
706706 ● a called 153.695 acre tract of land described as Tract 1 in
707707 a Deed to Lonny Carmen Dewees, Jr., also recorded in said Vol. 764,
708708 pg. 819, MCDR,
709709 and establishing the easternmost line of this tract, the
710710 following twenty-six (26) calls:
711711 1) S 47°35'47" E, a distance of 369.51 feet to a point for
712712 corner,
713713 2) S 05°34'58" E, a distance of 80.55 feet to a point for
714714 corner,
715715 3) S 22°06'00" W, a distance of 174.59 feet to a point for
716716 corner,
717717 4) S 68°23'25" E, a distance of 246.43 feet to a point for
718718 corner,
719719 5) S 20°57'28" W, a distance of 472.28 feet to a point for
720720 corner,
721721 6) S 38°49'39" E, a distance of 172.36 feet to a point for
722722 corner,
723723 7) S 31°38'49" W, a distance of 313.29 feet to a point for
724724 corner,
725725 8) N 86°53'33" E, a distance of 339.86 feet to a point for
726726 corner,
727727 9) S 07°55'58" W, a distance of 192.47 feet to a point for
728728 corner,
729729 10) S 01°11'55" E, a distance of 354.49 feet to a point for
730730 corner,
731731 11) S 57°37'12" E, a distance of 60.18 feet to a point for
732732 corner in the called intersection of Caney Creek and Bee Creek, at
733733 the southeast corner of the said 187.56 acre Manners tract, a
734734 northerly angle corner of the said 131.49 acre Manners tract and a
735735 southwesterly angle corner of the said residue of 218.401 acre
736736 Dewees tract,
737737 12) N 76°07'45" E, a distance of 572.30 feet to a point for
738738 corner,
739739 13) N 87°59'39" E, a distance of 94.34 feet to a point for
740740 corner,
741741 14) S 30°56'42" E, a distance of 102.96 feet to a point for
742742 corner,
743743 15) S 09°04'20" W, a distance of 119.06 feet to a point for
744744 corner,
745745 16) S 74°35'08" E, a distance of 320.44 feet to a point for
746746 corner,
747747 17) S 47°00'21" E, a distance of 70.61 feet to a point for
748748 corner,
749749 18) S 01°15'09" W, a distance of 217.80 feet to a point for
750750 corner,
751751 19) S 45°44'15" W, a distance of 496.51 feet to a point for
752752 corner,
753753 20) S 21°42'10" E, a distance of 121.03 feet to a point for
754754 corner,
755755 21) S 26°42'53" E, a distance of 243.78 feet to a point for
756756 corner,
757757 22) S 20°55'35" E, a distance of 168.98 feet to a point for
758758 corner,
759759 23) N 77°52'34" E, a distance of 168.03 feet to a point for
760760 corner,
761761 24) S 35°33'58" E, a distance of 253.63 feet to a point for
762762 corner,
763763 25) S 25°35'00" W, a distance of 260.82 feet to a point for
764764 corner,
765765 26) S 26°50'22" E, a distance of 192.61 feet to a point for
766766 the easternmost southeast corner of the said 131.49 acre Manners
767767 tract and this tract, an angle corner in the west line of the said
768768 153.695 acre Dewees, Jr. tract and the northernmost corner of a
769769 called 70.000 acre tract of land described in a Deed to Ed H. Red, et
770770 ux recorded under FCN 532-01-0235, MCRPR;
771771 THENCE S 64°56'17" W, with the following boundary lines:
772772 ● the southernmost southeast line of the said 131.49 acre
773773 Manners tract and a southeast line of this tract,
774774 ● the northwest line of the said 70.000 acre Red tract,
775775 at 1996.36 feet, a point for corner of the following tracts:
776776 ● the southernmost southwest corner of the said 131.49 acre
777777 Manners tract,
778778 ● in the northwest line of the said 70.000 acre Red tract,
779779 ● the easternmost corner of the said 85.32 acre Manners
780780 tract,
781781 ● in a southeast line of this tract,
782782 continue with the following boundary lines:
783783 ● the easternmost south line of the said 85.32 acre Manners
784784 tract and a southwest line of this tract,
785785 ● the northwest line of the said 70.000 acre Red tract,
786786 at a TOTAL DISTANCE OF 3133.99 FEET to a point for corner of
787787 the following tracts:
788788 ● an easterly interior ell corner of the said 85.32 acre
789789 Manners tract and a southerly interior ell corner of this tract,
790790 ● the northwest corner of the said 70.000 acre Red tract
791791 ● in the common line of the said JOSE MARIA DE LA GARZA
792792 GRANT, A-15 and the said T.C. STEVENS SURVEY, A-525;
793793 THENCE S 25°06'06" E, a distance of 2100.00 feet with the
794794 following boundary lines:
795795 ● the southernmost east line of the said 85.32 acre Manners
796796 tract and this tract,
797797 ● the westernmost line of the said 70.000 acre Red tract,
798798 to a point for corner of the following tracts:
799799 ● the southernmost east corner of the said 85.32 acre
800800 Manners tract and this tract,
801801 ● the southernmost corner of the said 70.000 acre Red tract
802802 ● in the northwest margin of Farm-to-Market Road No. 1097;
803803 THENCE S 47°04'59" W, a distance of 1137.91 feet with the
804804 following boundary lines:
805805 ● the southernmost southeast line of the said 85.32 acre
806806 Manners tract and this tract,
807807 ● the northwest margin of said F.M. 1097,
808808 to a point for corner of the following tracts:
809809 ● an angle corner in the southernmost southwest line of the
810810 said 85.32 acre Manners tract and this tract,
811811 ● an angle corner in the northwest margin of said F.M. 1097;
812812 THENCE with a curve to the right, having an arc length of
813813 557.49 feet, a radius of 7595.18 feet, a chord bearing of S 49°11'09"
814814 W and a chord length of 557.36 feet and with the following boundary
815815 lines:
816816 ● the southernmost southwest line of the said 85.32 acre
817817 Manners tract and this tract,
818818 ● the northwest margin of F.M. 1097,
819819 to a point for corner of the following tracts:
820820 ● the southernmost corner of the said 85.32 acre Manners
821821 tract and this tract,
822822 ● the northwest margin of said F.M. 1097,
823823 ● in the common line of the said JOSE MARIA DE LA GARZA
824824 GRANT, A-15 and the said T.C. STEVENS SURVEY, A-525,
825825 ● the easternmost corner of a called 4.5210 acre tract of
826826 land conveyed to Jimmy R. Moore, et ux, recorded under FCN
827827 923-01-2387, MCRPR and more particularly described under CFN
828828 8728136, MCRPR;
829829 THENCE N 23°50'53" W, with the following boundary lines:
830830 ● the southernmost westerly line of the said 85.32 acre
831831 Manners tract and this tract,
832832 ● the easterly line of the said 4.5210 acre Moore tract,
833833 ● the common line of the said JOSE MARIA DE LA GARZA GRANT,
834834 A-15 and the said T.C. STEVENS SURVEY, A-525,
835835 at 507.39 feet, a point for corner of the following tracts:
836836 ● the southernmost northwest corner of the said 85.32 acre
837837 Manners tract and an angle corner in a southwest line of this tract,
838838 ● in the easterly line of the said 4.5210 acre Moore tract,
839839 ● the southernmost corner of the said 104.94 acre Manners
840840 tract,
841841 ● in the common line of the said JOSE MARIA DE LA GARZA
842842 GRANT, A-15 and the said T.C. STEVENS SURVEY, A-525,
843843 continue with the following boundary lines:
844844 ● the southernmost westerly line of the said 104.94 acre
845845 Manners tract and this tract,
846846 ● the easterly line of the said 4.5210 acre Moore tract,
847847 ● the common line of the said JOSE MARIA DE LA GARZA GRANT,
848848 A-15 and the said T.C. STEVENS SURVEY, A-525,
849849 ● the easterly line of a called 2.467 acre tract of land
850850 described in a Deed to Scott Allen Baker and Angela Marie Cherry
851851 recorded under FCN 750-10-0608, MCRPR,
852852 ● the easterly line of a called 2.890 acre tract of land
853853 described in a Deed to Dewayne Marshall, et ux recorded under FCN
854854 096-00-1649, MCRPR,
855855 ● the easterly line of a called 1.9991 acre tract of land
856856 described in a Deed to C. Dewayne Marshall recorded under FCN
857857 715-01-1507, MCRPR,
858858 ● the easterly line of a called 2.00017 acre tract of land
859859 described in a Deed to Albert E. Munn recorded in Vol. 590, pg. 176,
860860 MCDR,
861861 ● the easterly line of a called 75.837 acre tract of land
862862 described in a Deed to Glenn A. Johnson recorded under FCN
863863 667-10-2479, MCRPR,
864864 at a TOTAL DISTANCE OF 2876.60 FEET to a point for corner of
865865 the following tracts:
866866 ● the southernmost interior angle corner of the said 104.94
867867 acre Manners tract and this tract,
868868 ● the northeast corner of the said 75.837 acre Johnson
869869 tract,
870870 ● a called point of intersection of the east line of the
871871 Alfred Johnson Survey, A-298, the northernmost corner of the T.C.
872872 STEVENS SURVEY, A-525 and in the west line of the JOSE MARIA DE LA
873873 GARZA GRANT, A-15;
874874 THENCE N 88°43'55" W, a distance of 930.68 feet with the
875875 following boundary lines:
876876 ● an upper south line of the said 104.94 acre Manners tract
877877 and a lower south line of this tract,
878878 ● the north line of the said 75.837 acre Johnson tract,
879879 ● crossing the common line of the said T.C. STEVENS SURVEY,
880880 A-525 and the said Alfred Johnson Survey, A-298,
881881 to a point for corner of the following tracts:
882882 ● an upper southwest corner of the said 104.94 acre Manners
883883 tract and a lower southwest corner of this tract,
884884 ● in the north line of the said 75.837 acre Johnson tract,
885885 ● the easternmost southeast corner of a called 110.440 acre
886886 tract of land described in a Deed to Working Dog Ranch, LP recorded
887887 under CFN 2017098732, MCOPR,
888888 ● in the centerline of Bee Creek;
889889 THENCE generally in a northerly direction with the center of
890890 said Bee Creek, with the westernmost boundary line of the said
891891 104.94 acre Manners tract, with the easternmost boundary line of
892892 the said 110.440 acre Working Dog Ranch tract and establishing a
893893 lower west line of this tract, the following twenty-nine (29)
894894 calls:
895895 1) N 25°18'32" E, a distance of 48.63 feet to a point for
896896 corner,
897897 2) N 22°27'19" W, a distance of 36.00 feet to a point for
898898 corner,
899899 3) N 22°52'33" E, a distance of 29.00 feet to a point for
900900 corner,
901901 4) N 37°52'42" W, a distance of 29.00 feet to a point for
902902 corner,
903903 5) S 69°06'43" W, a distance of 62.00 feet to a point for
904904 corner,
905905 6) N 24°51'27" W, a distance of 26.00 feet to a point for
906906 corner,
907907 7) N 38°19'39" E, a distance of 69.00 feet to a point for
908908 corner,
909909 8) N 04°50'33" E, a distance of 32.00 feet to a point for
910910 corner,
911911 9) N 76°46'14" E, a distance of 34.00 feet to a point for
912912 corner,
913913 10) N 10°15'37" E, a distance of 24.00 feet to a point for
914914 corner,
915915 11) N 38°58'27" W, a distance of 28.00 feet to a point for
916916 corner,
917917 12) N 01°06'33" E, a distance of 30.00 feet to a point for
918918 corner,
919919 13) N 61°46'33" E, a distance of 31.00 feet to a point for
920920 corner,
921921 14) N 07°29'33" E, a distance of 34.00 feet to a point for
922922 corner,
923923 15) N 30°41'27" W, a distance of 70.00 feet to a point for
924924 corner,
925925 16) N 65°56'33" E, a distance of 63.00 feet to a point for
926926 corner,
927927 17) N 08°30'33" E, a distance of 49.00 feet to a point for
928928 corner,
929929 18) N 43°15'33" E, a distance of 35.00 feet to a point for
930930 corner,
931931 19) N 03°49'27" W, a distance of 22.00 feet to a point for
932932 corner,
933933 20) N 43°59'33" E, a distance of 53.00 feet to a point for
934934 corner,
935935 21) N 00°07'27" W, a distance of 90.00 feet to a point for
936936 corner,
937937 22) S 80°46'33" W, a distance of 41.00 feet to a point for
938938 corner,
939939 23) N 63°02'27" W, a distance of 37.00 feet to a point for
940940 corner,
941941 24) N 24°24'23" W, a distance of 84.00 feet to a point for
942942 corner,
943943 25) N 12°48'34" E, a distance of 90.00 feet to a point for
944944 corner,
945945 26) N 24°57'27" W, a distance of 37.00 feet to a point for
946946 corner,
947947 27) N 25°17'33" E, a distance of 35.48 feet to a point for
948948 corner,
949949 28) N 72°27'33" E, a distance of 73.70 feet to a point for
950950 corner,
951951 29) N 10°27'19" E, a distance of 15.01 feet to a point for
952952 corner at the westernmost northwest corner of the said 104.94 acre
953953 Manners tract and the southernmost northwest corner of this tract,
954954 the easternmost northeast corner of the 110.440 acre Walking Dog
955955 Ranch tract and in the south line of a called 67.831 acre tract of
956956 land described in a Deed to Thornberry Properties L.L.C. recorded
957957 under CFN 2013137435, MCOPR;
958958 THENCE S 88°13'52" E, a distance of 850.58 feet with the
959959 following boundary lines:
960960 ● the westerly north line of the said 104.94 acre Manners
961961 tract and the southernmost north line of this tract,
962962 ● the south line of the said 67.831 acre Thornberry tract,
963963 to a point for corner of the following tracts:
964964 ● the northerly interior ell corner of the said 104.94 acre
965965 Manners tract and a southerly interior ell corner of this tract,
966966 ● the southeast corner of the said 67.831 acre Thornberry
967967 tract;
968968 THENCE N 01°21'00" E, with the following boundary lines:
969969 ● the northernmost west line of the said 104.94 acre Manners
970970 tract and a southerly west line of this tract,
971971 ● the east line of the said 67.831 acre Thornberry tract,
972972 at 439.52 feet, a point for corner of the following tracts:
973973 ● the northernmost northwest corner of the said 104.94 acre
974974 Manners tract and in a southerly west line of this tract,
975975 ● the westernmost southwest corner of the said 131.49 acre
976976 Manners tract,
977977 in the east line of the said 67.831 acre Thornberry tract,
978978 at 1205.90 feet, a point for corner of the following tracts:
979979 ● the westernmost northwest corner of the said 131.49 acre
980980 Manners tract and in a southerly west line of this tract,
981981 ● the southwest corner of the said 187.56 acre Manners
982982 tract,
983983 ● in the east line of the said 67.831 acre Thornberry tract,
984984 continue with the following boundary lines:
985985 ● the west line of the said 187.56 acre Manners tract and a
986986 southerly west line of this tract,
987987 ● the east line of the said 67.831 acre Thornberry tract,
988988 ● the east line of a called 219.15 acre tract of land
989989 described in a Deed to Norman Conroy recorded in Vol. 619, pg. 759,
990990 MCDR, also referred to as Woodland Lakes Addition, an unrecorded
991991 subdivision;
992992 at a TOTAL DISTANCE OF 3671.52 FEET to a point for corner of
993993 the following tracts:
994994 ● in the west line of the said 187.56 acre Manners tract and
995995 a southerly interior ell corner of this tract,
996996 ● the northeast corner of the said 219.15 acre Conroy tract,
997997 ● the southeast corner of the said 532.4888 acre Manners
998998 tract;
999999 THENCE generally in a westerly direction with the south line
10001000 of the said 532.4888 acre Manners tract and a central south line of
10011001 this tract and the north line of the said 219.15 acre Conroy tract,
10021002 the following three (3) calls:
10031003 ● N 87°06'32" W, a distance of 2129.31 feet to a point for
10041004 corner in the common line of the said JOSE MARIA DE LA GARZA GRANT,
10051005 A-15 and the RICHARD WILLIAMS SURVEY, A-596,
10061006 ● N 87°44'29" W, a distance of 1802.06 feet to a point for
10071007 corner,
10081008 ● N 89°32'46" W, a distance of 1057.19 feet to a point for the
10091009 southernmost southwest corner of the said 532.4888 acre Manners
10101010 tract and a central southwest corner of this tract, in the north
10111011 line of the said 219.15 acre Conroy tract and the southeast corner
10121012 of a called 2 acre tract of land described in a Deed to Cynthia
10131013 Stubblefield Walker under CFN 2007104519, MCRPR;
10141014 THENCE N 33°11'15" E, a distance of 287.84 feet with the
10151015 following boundary lines:
10161016 ● a southerly west line of the said 532.4888 acre Manners
10171017 tract and this tract,
10181018 ● the east line of the said 2 acre Walker tract,
10191019 to a point for corner of the following tracts:
10201020 ● a southwesterly interior corner of the said 532.4888 acre
10211021 Manners tract and this tract,
10221022 ● the northeast corner of the said 2 acre Walker tract;
10231023 THENCE N 85°32'50" W, a distance of 275.40 feet with the
10241024 following boundary lines:
10251025 ● a lower south line of the said 532.4888 acre Manners tract
10261026 and this tract,
10271027 the north line of the said 2 acre Walker tract,
10281028 to a point for corner of the following tracts:
10291029 ● a southwest corner of the said 532.4888 acre Manners tract
10301030 and this tract,
10311031 ● the northwest corner of the said 2 acre Walker tract,
10321032 ● in the fenced easterly margin of said Rogers Road;
10331033 THENCE generally in a northerly direction with the west line
10341034 of the said 532.4888 acre Manners tract and a lower west line of
10351035 this tract and the fenced easterly margin of said Rogers Road, the
10361036 following eleven (11) calls:
10371037 1) N 29°37'22" E, a distance of 572.10 feet to a point for
10381038 corner,
10391039 2) N 18°19'14" W, a distance of 99.93 feet to a point for
10401040 corner,
10411041 3) N 13°46'19" E, a distance of 67.91 feet to a point for
10421042 corner,
10431043 4) N 02°28'15" W, a distance of 287.64 feet to a point for
10441044 corner,
10451045 5) N 12°22'29" W, a distance of 789.17 feet to a point for
10461046 corner,
10471047 6) N 18°08'26" W, a distance of 264.59 feet to a point for
10481048 corner,
10491049 7) N 22°52'05" W, a distance of 1258.59 feet to a point for
10501050 corner,
10511051 8) N 06°39'44" W, a distance of 176.67 feet to a point for
10521052 corner,
10531053 9) N 07°35'27" E, a distance of 189.92 feet to a point for
10541054 corner,
10551055 10) N 15°07'11" E, a distance of 116.72 feet to a point for
10561056 corner,
10571057 11) N 25°24'45" E, a distance of 212.11 feet to a point for
10581058 corner in a west line of the said 532.4888 acre Manners tract and a
10591059 southerly interior angle corner of this tract and in the fenced
10601060 easterly margin of said Rogers Road;
10611061 THENCE N 82°41'38" W, across said Rogers Road,
10621062 at 79.03 feet <calculated>, a point for corner of the
10631063 following tracts:
10641064 ● the southeast corner of the said 1432.5101 acre Manners
10651065 tract and in a south line of this tract,
10661066 ● in the fenced westerly margin of said Rogers Road,
10671067 ● the northeast corner of a called 2.15 acre tract described
10681068 in a Constable's Resale Deed to Lauren Marie Ahmadian recorded
10691069 under CFN 2020045765, MCOPR,
10701070 continue with the following boundary lines:
10711071 ● a southerly line of the said 1432.5101 acre Manners tract
10721072 and this tract,
10731073 ● the north line of the said 2.15 acre Ahmadian tract,
10741074 at a TOTAL DISTANCE OF 242.88 FEET to a point for corner of
10751075 the following tracts:
10761076 ● an angle corner in a south line of the said 1432.5101 acre
10771077 Manners tract and this tract,
10781078 ● in the north line of the said 2.15 acre Ahmadian tract;
10791079 THENCE S 87°48'07" W, a distance of 284.50 feet with the
10801080 following boundary lines:
10811081 ● a southerly line of the said 1432.5101 acre Manners tract
10821082 and this tract,
10831083 ● the north line of the said 2.15 acre Ahmadian tract,
10841084 to a point for corner of the following tracts:
10851085 ● an angle corner in a southerly line of the said 1432.5101
10861086 acre Manners tract and this tract,
10871087 in the northeast line of the residue a called 137-1/2 acre
10881088 tract of land described in a Deed to Tobe Westmoreland recorded in
10891089 Vol. 68, pg. 516, MCDR;
10901090 THENCE generally with the south and east lines of the said
10911091 1432.5101 acre Manners tract and this tract and the north and west
10921092 lines of the residue of the said 137-1/2 acre Westmoreland tract,
10931093 the following four (4) calls:
10941094 ● S 76°27'30" W, a distance of 443.84 feet to a point for
10951095 corner,
10961096 ● S 88°25'17" W, a distance of 29.40 feet to a point for
10971097 corner,
10981098 ● S 65°23'34" W, a distance of 1254.85 feet to a point for a
10991099 lower interior corner of the said 1432.5101 acre Manners tract, a
11001100 central interior corner of this tract and the northwest corner of
11011101 the said Westmoreland tract,
11021102 ● S 24°28'25" E, a distance of 1447.51 feet to a point for the
11031103 southernmost east corner of the said 1432.5101 acre Manners tract
11041104 and a southerly southeast corner of this tract, in the west line of
11051105 the said 137-1/2 acre Westmoreland tract and the northernmost
11061106 corner of a called 164.5285 acre tract of land described in a Deed
11071107 to William A. Marek, Jr. recorded under CFN 2006001720, MCRPR;
11081108 THENCE S 65°53'56" W, a distance of 3496.08 feet with the
11091109 following boundary lines:
11101110 ● a southeast line of the said 1432.5101 acre Manners tract
11111111 and this tract,
11121112 ● the northerly line of the said 164.5285 acre Marek tract,
11131113 to a point for corner of the following tracts:
11141114 ● a southwest corner of the said 1432.5101 acre Manners
11151115 tract and this tract,
11161116 ● the westernmost corner of the said 164.5285 acre Marek
11171117 tract,
11181118 ● the called east line of Arrowhead Lakes Subdivision,
11191119 Section 1 according to plat recorded in Vol. 7, pg. 55, MCDR;
11201120 THENCE generally in a northerly and westerly direction, with
11211121 the southwesterly interior lines of the said 1432.5101 acre Manners
11221122 tract and this tract and the northerly lines of the said Arrowhead
11231123 Lakes Subdivision, the following four (4) calls:
11241124 ● N 24°56'14" W, a distance of 752.00 feet to a point for
11251125 corner,
11261126 ● S 63°58'23" W, a distance of 246.57 feet to a point for
11271127 corner,
11281128 ● S 31°05'04" W, a distance of 476.60 feet to a point for
11291129 corner,
11301130 ● S 56°11'46" W, a distance of 297.66 feet <calculated> to a
11311131 point at the most westerly southwest corner of this tract and being
11321132 at the approximate intersection of a south line of the said
11331133 1432.5101 acre Manners tract, a north line of the said Arrowhead
11341134 Lakes Subdivision and the boundary line of the extraterritorial
11351135 jurisdiction of the City of Willis (Willis ETJ);
11361136 THENCE with the boundary of the said Willis ETJ, across the
11371137 said 1432.5101 acre Manners tract and establishing a westerly
11381138 boundary line of this tract, the following call:
11391139 ● with a curve to the left, having an arc length of 1776.43
11401140 feet, a radius of 5231.37 feet, a chord bearing of N 01°59'23" W and
11411141 a chord length of 1767.90 feet <calculated based upon GIS data, see
11421142 note no. 4> to a point for an angle corner in a westerly line of the
11431143 said 1432.5101 acre Manners tract and a west corner this tract and
11441144 being in the easterly fenced margin of I&GN Railroad (100 ft.
11451145 Right-of-Way);
11461146 THENCE with the easterly fenced margin of the said I&GN
11471147 Railroad, a westerly line of the said 1432.5101 acre Manners tract
11481148 and this tract, the following three (3) calls:
11491149 ● N 20°39'08" E, a distance of 2741.71 feet <calculated> to
11501150 a point for corner,
11511151 ● with a curve to the left, having an arc length of 1669.21
11521152 feet, a radius of 1960.08 feet, a chord bearing of N 03°44'40" W and
11531153 a chord length of 1619.23 feet to a point for corner,
11541154 ● N 28°09'35" W, a distance of 4349.47 feet to a point for a
11551155 west corner of the said 1432.5101 acre Manners tract and this tract
11561156 and the southernmost corner of a called 132.3296 acre tract of land
11571157 described in a Deed to Edward E. Hartline, et ux recorded under CFN
11581158 9656185, MCOPR;
11591159 THENCE N 62°22'01" E, a distance of 3534.42 feet with the
11601160 following boundary lines:
11611161 ● a northwest line of the said 1432.5101 acre Manners tract
11621162 and this tract,
11631163 ● the southeast line of the said 132.3296 acre Hartline
11641164 tract,
11651165 ● the southeast line of a called 36.5193 acre tract of land
11661166 described in a Deed to Rick L. Carter recorded under FCN
11671167 402-00-0096, MCRPR,
11681168 to a point for corner of the following tracts:
11691169 ● a northwesterly interior ell corner of the said 1432.5101
11701170 acre Manners tract and this tract,
11711171 ● the easternmost corner of the said 36.5193 acre Marek
11721172 tract;
11731173 THENCE N 26°50'53" W, a distance of 1562.36 feet with the
11741174 following boundary lines:
11751175 ● a northerly interior line of the said 1432.5101 acre
11761176 Manners tract and this tract,
11771177 ● the northeast line of the said 36.5193 acre Carter tract,
11781178 to a point for corner of the following tracts:
11791179 ● a northwesterly interior ell corner of the said 1432.5101
11801180 acre Manners tract and this tract,
11811181 ● the northernmost corner of the said 36.5193 acre Marek
11821182 tract;
11831183 THENCE S 62°27'48" W, a distance of 529.70 feet with the
11841184 following boundary lines:
11851185 ● an upper interior line of the said 1432.5101 acre Manners
11861186 tract and this tract,
11871187 ● the northwest line of the said 36.5193 acre Carter tract,
11881188 to a point for corner of the following tracts:
11891189 ● a southwest corner of the said 1432.5101 acre Manners
11901190 tract and this tract,
11911191 ● in the northwest line of the said 36.5193 acre Marek tract
11921192 ● the easternmost corner of a called 5.0000 acre tract of
11931193 land described in a Deed to Rick L. Carter recorded under CFN
11941194 9666189, MCRPR;
11951195 THENCE N 26°32'15" W, a distance of 929.45 feet with the
11961196 following boundary lines:
11971197 ● within the residue of the said 1432.5101 acre Manners
11981198 tract,
11991199 ● the northeast line of the said 5.0000 acre Carter tract,
12001200 to a point for corner of the following tracts:
12011201 ● a northwesterly interior angle corner of this tract,
12021202 ● the north corner of the said 5.0000 acre Carter tract;
12031203 THENCE S 28°20'22" W, a distance of 283.23 feet with the
12041204 following boundary lines:
12051205 ● within the residue of the said 1432.5101 acre Manners
12061206 tract,
12071207 ● the north line of the said 5.0000 acre Carter tract,
12081208 to a point for corner of the following tracts:
12091209 ● an upper southwest corner of this tract,
12101210 ● in an upper southwest line of the residue of the said
12111211 1432.5101 acre Manners tract,
12121212 ● the west corner of the said 5.0000 acre Carter tract,
12131213 ● in a northeasterly line of the said 132.3296 acre Hartline
12141214 tract;
12151215 THENCE N 24°34'56" W, a distance of 1509.81 feet with a
12161216 southwesterly line of the said 1432.5101 acre Manners tract and
12171217 this tract and with a northeasterly line of the said 132.3296 acre
12181218 Hartline tract to the PLACE OF BEGINNING and containing 2510.102
12191219 acres of land, SAVE AND EXCEPT THEREFROM the hereinafter described
12201220 3.95 acres within the fenced margins of Rogers Road, leaving a NET
12211221 AREA OF 2506.15 ACRES OF LAND.
12221222 SAVE AND EXCEPT 3.95 ACRE TRACT
12231223 Being a 3.95 acre tract of land located within the
12241224 fenced margins of Rogers Road, a.k.a. Old Willis New Waverly Road
12251225 (county maintained asphalt surface, no Right-of-Way Deed found of
12261226 record), situated in the SAMUEL LINDLEY SURVEY, A-23 and being more
12271227 definitely described by metes and bounds as follows:
12281228 BEGINNING at a point for the northwest corner of this tract,
12291229 the most southerly northeast corner of a called 1432.5101 acre
12301230 tract of land described as PARCEL 4 in a Special Warranty Deed dated
12311231 April 25, 2018 from Apitx 5 LLC to Michael G. Manners, Trustee of
12321232 the Michael G. Manners Revocable Trust Dated September 8,
12331233 2017recorded in Volume 1322, Page 463, Official Public Records,
12341234 Montgomery County, Texas (MCOPR), the south corner of a called 1.63
12351235 acre tract of land described in a Deed to Halbert L. Martin, Sr. and
12361236 Kathryn L. Martin recorded under Clerk's File Number (CFN)
12371237 2015039488, MCOPR and in the west fenced margin of said Rogers Road;
12381238 THENCE S 26°59'30" E, across said Rogers Road with the north
12391239 line of this tract, a distance of 174.33 feet <calculated> to a
12401240 point for corner of the following tracts:
12411241 ● at the northeast corner of this tract,
12421242 ● the northernmost corner of a called 532.4888 acre tract of
12431243 land described as PARCEL 1 in said Deed dated April 25, 2018 from
12441244 Apitx 5 LLC to Michael G. Manners, Trustee of the Michael G. Manners
12451245 Revocable Trust Dated September 8, 2017 recorded in Volume 1322,
12461246 Page 463, MCOPR,
12471247 ● in the east fenced margin of said Rogers Road;
12481248 THENCE generally in a southerly direction with a fence in the
12491249 east margin of said Rogers Road, with the east line of this tract
12501250 and with the westerly line of the said 532.4888 acre Manners tract,
12511251 the following four (4) calls:
12521252 ● S 00°51'20" W, a distance of 1094.43 feet to a point for
12531253 corner,
12541254 ● S 06°15'10" W, a distance of 172.07 feet to a point for
12551255 corner,
12561256 ● S 19°34'05" W, a distance of 211.74 feet to a point for
12571257 corner,
12581258 ● S 25°24'45" W, a distance of 618.10 feet to a point for
12591259 corner;
12601260 THENCE N 82°41'38" W, across said Rogers Road with the south
12611261 line of this tract, a distance of 79.03 feet <calculated> to a
12621262 point for corner of the following tracts:
12631263 ● the southwest corner of this tract,
12641264 ● a southeast corner of the said 1432.5101 acre Manners
12651265 tract,
12661266 ● in the west fenced margin of said Rogers Road,
12671267 ● in the north line of a called 2.15 acre tract described in
12681268 a Constable's Resale Deed to Lauren Marie Ahmadian recorded under
12691269 CFN 2020045765, MCOPR;
12701270 THENCE generally in a northerly direction with a fence in the
12711271 west margin of said Rogers Road, with the west line of this tract
12721272 and with the easternmost line of the said 1432.5101 acre Manners
12731273 tract, the following four (4) calls:
12741274 ● N 25°12'20" E, a distance of 650.20 feet to a point for
12751275 corner,
12761276 ● N 18°28'57" E, a distance of 186.20 feet to a point for
12771277 corner,
12781278 ● N 06°06'35" E, a distance of 155.11 feet to a point for
12791279 corner,
12801280 ● N 00°49'44" E, a distance of 1249.46 feet to the PLACE OF
12811281 BEGINNING, containing 3.95 acres of land.
12821282 SECTION 3. (a) The legal notice of the intention to
12831283 introduce this Act, setting forth the general substance of this
12841284 Act, has been published as provided by law, and the notice and a
12851285 copy of this Act have been furnished to all persons, agencies,
12861286 officials, or entities to which they are required to be furnished
12871287 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
12881288 Government Code.
12891289 (b) The governor, one of the required recipients, has
12901290 submitted the notice and Act to the Texas Commission on
12911291 Environmental Quality.
12921292 (c) The Texas Commission on Environmental Quality has filed
12931293 its recommendations relating to this Act with the governor, the
12941294 lieutenant governor, and the speaker of the house of
12951295 representatives within the required time.
12961296 (d) All requirements of the constitution and laws of this
12971297 state and the rules and procedures of the legislature with respect
12981298 to the notice, introduction, and passage of this Act are fulfilled
12991299 and accomplished.
13001300 SECTION 4. (a) Section 8061.0307, Special District Local
13011301 Laws Code, as added by Section 1 of this Act, takes effect only if
13021302 this Act receives a two-thirds vote of all the members elected to
13031303 each house.
13041304 (b) If this Act does not receive a two-thirds vote of all the
13051305 members elected to each house, Subchapter C, Chapter 8061, Special
13061306 District Local Laws Code, as added by Section 1 of this Act, is
13071307 amended by adding Section 8061.0307 to read as follows:
13081308 Sec. 8061.0307. NO EMINENT DOMAIN POWER. The district may
13091309 not exercise the power of eminent domain.
13101310 (c) This section is not intended to be an expression of a
13111311 legislative interpretation of the requirements of Section 17(c),
13121312 Article I, Texas Constitution.
13131313 SECTION 5. This Act takes effect immediately if it receives
13141314 a vote of two-thirds of all the members elected to each house, as
13151315 provided by Section 39, Article III, Texas Constitution. If this
13161316 Act does not receive the vote necessary for immediate effect, this
13171317 Act takes effect September 1, 2023.
13181318 ______________________________ ______________________________
13191319 President of the Senate Speaker of the House
13201320 I certify that H.B. No. 5337 was passed by the House on May 9,
13211321 2023, by the following vote: Yeas 110, Nays 32, 2 present, not
13221322 voting.
13231323 ______________________________
13241324 Chief Clerk of the House
13251325 I certify that H.B. No. 5337 was passed by the Senate on May
13261326 24, 2023, by the following vote: Yeas 27, Nays 3, 1 present, not
13271327 voting.
13281328 ______________________________
13291329 Secretary of the Senate
13301330 APPROVED: _____________________
13311331 Date
13321332 _____________________
13331333 Governor