Texas 2023 - 88th Regular

Texas House Bill HB5354 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R16763 SCP-F
2	2	By: Metcalf H.B. No. 5354
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Firefly Municipal Utility District
8	8	No. 1; granting a limited power of eminent domain; providing
9	9	authority to issue bonds; providing authority to impose
10	10	assessments, fees, and taxes.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle F, Title 6, Special District Local Laws
13	13	Code, is amended by adding Chapter 7985A to read as follows:
14	14	CHAPTER 7985A. FIREFLY MUNICIPAL UTILITY DISTRICT NO. 1
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 7985A.0101. DEFINITIONS. In this chapter:
17	17	(1) "Board" means the district's board of directors.
18	18	(2) "Commission" means the Texas Commission on
19	19	Environmental Quality.
20	20	(3) "Director" means a board member.
21	21	(4) "District" means the Firefly Municipal Utility
22	22	District No. 1.
23	23	Sec. 7985A.0102. NATURE OF DISTRICT. The district is a
24	24	municipal utility district created under Section 59, Article XVI,
25	25	Texas Constitution.
26	26	Sec. 7985A.0103. CONFIRMATION AND DIRECTOR ELECTION
27	27	REQUIRED. The temporary directors shall hold an election to
28	28	confirm the creation of the district and to elect five permanent
29	29	directors as provided by Section 49.102, Water Code.
30	30	Sec. 7985A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
31	31	temporary directors may not hold an election under Section
32	32	7985A.0103 until each municipality in whose corporate limits or
33	33	extraterritorial jurisdiction the district is located has
34	34	consented by ordinance or resolution to the creation of the
35	35	district and to the inclusion of land in the district as required by
36	36	applicable law.
37	37	Sec. 7985A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
38	38	(a) The district is created to serve a public purpose and benefit.
39	39	(b) The district is created to accomplish the purposes of:
40	40	(1) a municipal utility district as provided by
41	41	general law and Section 59, Article XVI, Texas Constitution; and
42	42	(2) Section 52, Article III, Texas Constitution, that
43	43	relate to the construction, acquisition, improvement, operation,
44	44	or maintenance of macadamized, graveled, or paved roads, or
45	45	improvements, including storm drainage, in aid of those roads.
46	46	Sec. 7985A.0106. INITIAL DISTRICT TERRITORY. (a) The
47	47	district is initially composed of the territory described by
48	48	Section 2 of the Act enacting this chapter.
49	49	(b) The boundaries and field notes contained in Section 2 of
50	50	the Act enacting this chapter form a closure. A mistake made in the
51	51	field notes or in copying the field notes in the legislative process
52	52	does not affect the district's:
53	53	(1) organization, existence, or validity;
54	54	(2) right to issue any type of bond for the purposes
55	55	for which the district is created or to pay the principal of and
56	56	interest on a bond;
57	57	(3) right to impose a tax; or
58	58	(4) legality or operation.
59	59	SUBCHAPTER B. BOARD OF DIRECTORS
60	60	Sec. 7985A.0201. GOVERNING BODY; TERMS. (a) The district
61	61	is governed by a board of five elected directors.
62	62	(b) Except as provided by Section 7985A.0202, directors
63	63	serve staggered four-year terms.
64	64	Sec. 7985A.0202. TEMPORARY DIRECTORS. (a) The temporary
65	65	board consists of:
66	66	(1) Mike Terechenok;
67	67	(2) Bryan D. Kinsler;
68	68	(3) Donnie Reed;
69	69	(4) Walker French; and
70	70	(5) Mark C. Hodges.
71	71	(b) Temporary directors serve until the earlier of:
72	72	(1) the date permanent directors are elected under
73	73	Section 7985A.0103; or
74	74	(2) the fourth anniversary of the effective date of
75	75	the Act enacting this chapter.
76	76	(c) If permanent directors have not been elected under
77	77	Section 7985A.0103 and the terms of the temporary directors have
78	78	expired, successor temporary directors shall be appointed or
79	79	reappointed as provided by Subsection (d) to serve terms that
80	80	expire on the earlier of:
81	81	(1) the date permanent directors are elected under
82	82	Section 7985A.0103; or
83	83	(2) the fourth anniversary of the date of the
84	84	appointment or reappointment.
85	85	(d) If Subsection (c) applies, the owner or owners of a
86	86	majority of the assessed value of the real property in the district
87	87	may submit a petition to the commission requesting that the
88	88	commission appoint as successor temporary directors the five
89	89	persons named in the petition. The commission shall appoint as
90	90	successor temporary directors the five persons named in the
91	91	petition.
92	92	SUBCHAPTER C. POWERS AND DUTIES
93	93	Sec. 7985A.0301. GENERAL POWERS AND DUTIES. The district
94	94	has the powers and duties necessary to accomplish the purposes for
95	95	which the district is created.
96	96	Sec. 7985A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
97	97	DUTIES. The district has the powers and duties provided by the
98	98	general law of this state, including Chapters 49 and 54, Water Code,
99	99	applicable to municipal utility districts created under Section 59,
100	100	Article XVI, Texas Constitution.
101	101	Sec. 7985A.0303. AUTHORITY FOR ROAD PROJECTS. Under
102	102	Section 52, Article III, Texas Constitution, the district may
103	103	design, acquire, construct, finance, issue bonds for, improve,
104	104	operate, maintain, and convey to this state, a county, or a
105	105	municipality for operation and maintenance macadamized, graveled,
106	106	or paved roads, or improvements, including storm drainage, in aid
107	107	of those roads.
108	108	Sec. 7985A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
109	109	road project must meet all applicable construction standards,
110	110	zoning and subdivision requirements, and regulations of each
111	111	municipality in whose corporate limits or extraterritorial
112	112	jurisdiction the road project is located.
113	113	(b) If a road project is not located in the corporate limits
114	114	or extraterritorial jurisdiction of a municipality, the road
115	115	project must meet all applicable construction standards,
116	116	subdivision requirements, and regulations of each county in which
117	117	the road project is located.
118	118	(c) If the state will maintain and operate the road, the
119	119	Texas Transportation Commission must approve the plans and
120	120	specifications of the road project.
121	121	Sec. 7985A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
122	122	ORDINANCE OR RESOLUTION. The district shall comply with all
123	123	applicable requirements of any ordinance or resolution that is
124	124	adopted under Section 54.016 or 54.0165, Water Code, and that
125	125	consents to the creation of the district or to the inclusion of land
126	126	in the district.
127	127	Sec. 7985A.0306. DIVISION OF DISTRICT. (a) The board, on
128	128	its own motion or on receipt of a petition signed by the owner or
129	129	owners of a majority of the assessed value of the real property in
130	130	the district, may adopt an order dividing the district.
131	131	(b) An order dividing a district may create one or more new
132	132	districts and may provide for the continuation of the district.
133	133	(c) An order dividing the district shall:
134	134	(1) name any new district;
135	135	(2) include the metes and bounds description of the
136	136	territory of each of the districts;
137	137	(3) appoint temporary directors for any new district;
138	138	and
139	139	(4) provide for the division of assets and liabilities
140	140	between the districts.
141	141	(d) The board may adopt an order dividing the district
142	142	before or after the date the board holds an election to confirm the
143	143	district's creation.
144	144	(e) The district may be divided only if the district:
145	145	(1) has never issued any bonds; and
146	146	(2) is not imposing ad valorem taxes.
147	147	(f) A new district created by the division of the district
148	148	may not, at the time the new district is created, contain any land
149	149	outside the area described by Section 2 of the Act enacting this
150	150	chapter.
151	151	(g) On or before the 30th day after the date of adoption of
152	152	an order dividing the district, the district shall file the order
153	153	with the commission and record the order in the real property
154	154	records of each county in which the district is located.
155	155	(h) This chapter applies to any new district created by the
156	156	division of the district, and a new district has all the powers and
157	157	duties of the district.
158	158	(i) A new district created by the division of the district
159	159	shall hold a confirmation and directors' election.
160	160	(j) If the creation of the new district is confirmed, the
161	161	new district shall provide the election date and results to the
162	162	commission.
163	163	(k) A new district created by the division of the district
164	164	must hold an election as required by this chapter to obtain voter
165	165	approval before the district may impose a maintenance tax or issue
166	166	bonds payable wholly or partly from ad valorem taxes.
167	167	(l) The district may continue to rely on confirmation,
168	168	directors', bond, or tax elections held prior to the division.
169	169	(m) Municipal consent to the creation of the district and to
170	170	the inclusion of land in the district acts as municipal consent to
171	171	the creation of any new district created by the division of the
172	172	district and to the inclusion of land in the new district.
173	173	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
174	174	Sec. 7985A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
175	175	The district may issue, without an election, bonds and other
176	176	obligations secured by:
177	177	(1) revenue other than ad valorem taxes; or
178	178	(2) contract payments described by Section
179	179	7985A.0403.
180	180	(b) The district must hold an election in the manner
181	181	provided by Chapters 49 and 54, Water Code, to obtain voter approval
182	182	before the district may impose an ad valorem tax or issue bonds
183	183	payable from ad valorem taxes.
184	184	(c) The district may not issue bonds payable from ad valorem
185	185	taxes to finance a road project unless the issuance is approved by a
186	186	vote of a two-thirds majority of the district voters voting at an
187	187	election held for that purpose.
188	188	Sec. 7985A.0402. OPERATION AND MAINTENANCE TAX. (a) If
189	189	authorized at an election held under Section 7985A.0401, the
190	190	district may impose an operation and maintenance tax on taxable
191	191	property in the district in accordance with Section 49.107, Water
192	192	Code.
193	193	(b) The board shall determine the tax rate. The rate may not
194	194	exceed the rate approved at the election.
195	195	Sec. 7985A.0403. CONTRACT TAXES. (a) In accordance with
196	196	Section 49.108, Water Code, the district may impose a tax other than
197	197	an operation and maintenance tax and use the revenue derived from
198	198	the tax to make payments under a contract after the provisions of
199	199	the contract have been approved by a majority of the district voters
200	200	voting at an election held for that purpose.
201	201	(b) A contract approved by the district voters may contain a
202	202	provision stating that the contract may be modified or amended by
203	203	the board without further voter approval.
204	204	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
205	205	Sec. 7985A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
206	206	OBLIGATIONS. The district may issue bonds or other obligations
207	207	payable wholly or partly from ad valorem taxes, impact fees,
208	208	revenue, contract payments, grants, or other district money, or any
209	209	combination of those sources, to pay for any authorized district
210	210	purpose.
211	211	Sec. 7985A.0502. TAXES FOR BONDS. At the time the district
212	212	issues bonds payable wholly or partly from ad valorem taxes, the
213	213	board shall provide for the annual imposition of a continuing
214	214	direct ad valorem tax, without limit as to rate or amount, while all
215	215	or part of the bonds are outstanding as required and in the manner
216	216	provided by Sections 54.601 and 54.602, Water Code.
217	217	Sec. 7985A.0503. BONDS FOR ROAD PROJECTS. At the time of
218	218	issuance, the total principal amount of bonds or other obligations
219	219	issued or incurred to finance road projects and payable from ad
220	220	valorem taxes may not exceed one-fourth of the assessed value of the
221	221	real property in the district.
222	222	SECTION 2. The Firefly Municipal Utility District No. 1
223	223	initially includes all the territory contained in the following
224	224	area:
225	225	A METES & BOUNDS description of a calculated 2,454 acre tract
226	226	of land situated in the Walker County School Land Survey, Abstract
227	227	No. 494, the Michael H. Hinch Survey, Abstract No. 253, and the
228	228	Presley Gill Survey, Abstract No. 230, in Montgomery County, Texas,
229	229	being all of a calculated 2,540 acre tract (Tract 1), being a
230	230	portion of a called 3,045.032 acre tract conveyed to East
231	231	Montgomery Acquisition Company LLC, a Texas limited liability
232	232	company, by deed recorded in Clerk's File No. 2021177868,
233	233	Montgomery County Official Public Records, being all of a called
234	234	5.00 acre tract conveyed to East Montgomery Acquisition Company
235	235	LLC, a Texas limited liability company, by deed recorded in Clerk's
236	236	File No. 2021177867, Montgomery County Official Public Records,
237	237	and being all of a called 4.709 acre tract conveyed to East
238	238	Montgomery Acquisition Company LLC, a Texas limited liability
239	239	company, by deed recorded in Clerk's File No. 2023003933,
240	240	Montgomery County Official Public Records, save and except a
241	241	calculated 20.720 acre tract (Tract 2), being all of called Tract
242	242	Nos. Thirty-Five (35) and Forty-Three (43), of Section 4 of
243	243	Security Subdivision according to the plat thereof recorded in
244	244	Volume 1, Page 23, Montgomery County Deed Records, conveyed to John
245	245	Schneider by deed recorded in Volume 85, Page 230, Montgomery
246	246	County Deed Records, and being all of called Tract Nos. Fifty-One
247	247	(51) and Fifty-Nine (59), of Section 4 of Security Subdivision
248	248	according to the plat thereof recorded in Volume 1, Page 23,
249	249	Montgomery County Deed Records, conveyed to Rita S. Wolven and
250	250	Margy A. Long by deed recorded in Clerk's File No. 9534020,
251	251	Montgomery County Official Public Records of Real Property, save
252	252	and except a calculated 10.087 acre tract (Tract 3), being all of
253	253	called Tract Nos. Seventy (70) and Seventy-Eight (78), of Section 4
254	254	of Security Subdivision according to the plat thereof recorded in
255	255	Volume 1, Page 23, Montgomery County Deed Records, conveyed to
256	256	Eleanore Triplett by deed recorded in Clerk's File No. 7930998,
257	257	Montgomery County Deed Records, save and except a calculated 20.02
258	258	acre tract (Tract 4), being all of a called 10.0 acre tract conveyed
259	259	to Splendora Independent School District by deed recorded in
260	260	Clerk's File No. 2013090370, Montgomery County Official Public
261	261	Records, and being all of called 10.0 acre tract conveyed to Jack W.
262	262	Mayo, Jr. by deed recorded in Clerk's File No. 7829854, Montgomery
263	263	County Official Public Records of Real Property, save and except a
264	264	calculated 10.000 acre tract (Tract 5), being all of called Tract
265	265	Numbers (114) and (122), of Section 4 of Security Subdivision
266	266	according to the plat thereof recorded in Volume 1, Page 23,
267	267	Montgomery County Deed Records, conveyed to Dana Lynn Sprayberry by
268	268	deed recorded in Clerk's File No. 2000-072045, Montgomery County
269	269	Official Public Records of Real Property, save and except a
270	270	calculated 10.00 acre tract (Tract 6), being all of called Tract
271	271	Twenty-Two (22), of Section 5 of Security Subdivision according to
272	272	the plat thereof recorded in Volume 1, Page 23, Montgomery County
273	273	Deed Records, conveyed to John F. Darst by deed recorded in Clerk's
274	274	File No. 2014005435, Montgomery County Official Public Records,
275	275	save and except a calculated 10.05 acre tract (Tract 7), being all
276	276	of called Lots One (1) and Two (2), of Section 6 of Security
277	277	Subdivision according to the plat thereof recorded in Volume 1,
278	278	Page 23, Montgomery County Deed Records, conveyed to Milton Howard
279	279	Sands, Jr. by deed recorded in Clerk's File No. 8842100, Montgomery
280	280	County Official Public Records of Real Property, and save and
281	281	except a calculated 5.009 acre tract (Tract 8), being all of a
282	282	called 5.000 acre tract conveyed to Bill Ellison by deed recorded in
283	283	Clerk's File No. 2018004658, Montgomery County Official Public
284	284	Records; said calculated 2,454 acre tract of land being more
285	285	particularly described in eight parts as follows:
286	286	TRACT 1:
287	287	A METES & BOUNDS description of a certain 2,540 acre
288	288	(110,650,140 square feet) tract of land situated in the Walker
289	289	County School Land Survey, Abstract No. 494, the Michael H. Hinch
290	290	Survey, Abstract No. 253, and the Presley Gill Survey, Abstract
291	291	No. 230, in Montgomery County, Texas, being a portion of a called
292	292	3,045.032 acre tract conveyed to East Montgomery Acquisition
293	293	Company LLC, a Texas limited liability company, by deed recorded in
294	294	Clerk's File No. 2021177868, Montgomery County Official Public
295	295	Records, being all of a called 5.00 acre tract conveyed to East
296	296	Montgomery Acquisition Company LLC, a Texas limited liability
297	297	company, by deed recorded in Clerk's File No. 2021177867,
298	298	Montgomery County Official Public Records, and being all of a
299	299	called 4.709 acre tract conveyed to East Montgomery Acquisition
300	300	Company LLC, a Texas limited liability company, by deed recorded in
301	301	Clerk's File No. 2023003933, Montgomery County Official Public
302	302	Records; said 2,540 acre (110,650,140 square feet) tract of land
303	303	being more particularly described as follows with all bearings
304	304	being based on said deed recorded in Clerk's File No. 2021177868,
305	305	Montgomery County Official Public Records:
306	306	BEGINNING at the southeast corner of that certain tract
307	307	described in instrument to Shirley Gay, recorded under Clerk's File
308	308	Number 8121692, Real Property Records of Montgomery County, Texas
309	309	(R.P.R.M.C.T.);
310	310	THENCE South 03°11'09" East, 959.24 feet, with the apparent
311	311	common line between said Hinch Survey and the Presley Gill Survey,
312	312	Abstract Number 230, the westerly line of that certain called 20.00
313	313	acre tract described in instrument to Henry A. Butcher, recorded
314	314	under Clerk's File Number 2003068544, Official Public Records of
315	315	Montgomery County, Texas (O.P.R.M.C.T.) and the remainder of that
316	316	certain called 20.00 acre tract described in instrument to George
317	317	Anthony Cleary, recorded under Clerk's File No. 2010043083,
318	318	O.P.R.M.C.T., common to an easterly line of that certain 2,396.371
319	319	acre tract described as "Parcel 2, Tract 2" in instrument to
320	320	Atakapa, LLC., recorded under Clerk's File Number 2013016070
321	321	(O.P.R.M.C.T.), to a point for the common westerly corner of that
322	322	certain called 1711.54 acre tract described as "Tract 1" in
323	323	instrument to Atakapa, LLC., recorded under Clerk's File Number
324	324	2013016070 (O.P.R.M.C.T.) and the remainder of said Cleary 20.00
325	325	acre tract, being an interior corner of said 3045.032 acre tract;
326	326	THENCE North 86°40'19" East, with the common line between said
327	327	Tract 1 and the remainder of said Cleary 20.00 acre tract, 1321.82
328	328	feet, to a point in the approximate centerline of Daw Collins Road
329	329	for the northerly northeast corner of said Tract 1, being a
330	330	northeasterly corner of said 3045.032 acre tract;
331	331	THENCE South 20°15'23" West, 6489.04 feet, with the
332	332	approximate centerline of said Daw Collins Road, a southeasterly
333	333	line of said Tract 1, to a point in the approximate centerline of
334	334	said Daw Collins Road for a southeasterly corner of said Tract 1 and
335	335	said 3045.032 acre tract;
336	336	THENCE with the common line between said Parcel 2, Tract 2,
337	337	that certain called 2.3540 acre tract described as "Tract 5", that
338	338	certain called 2.3540 acre tract described as "Tract 1", that
339	339	certain called 3.531 acre tract described as "Tract 4", that
340	340	certain called 3.531 acre tract described as "Tract 3", all in
341	341	instrument to Willene Wells, recorded under Clerk's File Number
342	342	2020102236, O.P.R.M.C.T., that certain called 5.37 acre tract
343	343	described in instrument to Tony M. Nelson and Colleen O. Nelson,
344	344	recorded under Clerk's File Number 8616675, R.P.R.M.C.T., that
345	345	certain called 1.6695 acre tract described in instrument to David
346	346	Michael Fortson, recorded under Clerk's File Number 2002-058180,
347	347	O.P.R.M.C.T., that certain called 2 acre tract described in
348	348	instrument to Robert G. Wear, recorded under Clerk's File Number
349	349	2013101034, O.P.R.M.C.T., that certain called 0.771 acre tract
350	350	described in instrument to David Lippoldt and Kanwal Ghaznavi,
351	351	recorded under Clerk's File Number 2021079078, O.P.R.M.C.T., that
352	352	certain called 2 acre tract described in instrument to Kristina Ann
353	353	Wear, recorded under Clerk's File Number 2018085170, O.P.R.M.C.T.,
354	354	that certain called 5.01 acre tract described as "Tract One", that
355	355	certain called 7.39 acre tract described as "Tract Two", both in
356	356	instrument to Stanley Maurice Wiggins, recorded under Clerk's File
357	357	Number 2006-009852, O.P.R.M.C.T., that certain called 5.462 acre
358	358	tract described in instrument to Walter R. Ritchie and Sheri L.
359	359	Ritchie, recorded under Clerk's File Number 99102906,
360	360	R.P.R.M.C.T., that certain called 5.315 acre tract described as
361	361	"Tract One" in instrument to Ronald D. Dacus, Jr., and Stephanie E.
362	362	Dacus, recorded under Clerk's File Number 2014006911,
363	363	O.P.R.M.C.T., that certain called 5.315 acre tract described in
364	364	instrument to Steven Hansen, recorded under Clerk's File Number
365	365	9148377, R.P.R.M.C.T., that certain called 5.315 acre tract
366	366	described in instrument to Steve Hansen and Tracy Hansen, recorded
367	367	under Clerk's File Number 2001-031281, O.P.R.M.C.T., that certain
368	368	called 5.310 acre tract described in instrument to Steven Hansen
369	369	and Becky Hansen, recorded under Clerk's File Number 2016068815,
370	370	O.P.R.M.C.T., that certain called 5.2970 acre tract described in
371	371	instrument to Benjamin E. Pope and Angelina M. Pope, recorded under
372	372	Clerk's File Number 2016092968, O.P.R.M.C.T., that certain called
373	373	3.2957 acre tract described in instrument to Douglas A. Hansen and
374	374	Kimberly S. Hansen, recorded under Clerk's File Number 2008-091402,
375	375	O.P.R.M.C.T., that certain called 11.0415 acre tract described in
376	376	instrument to Douglas Alan Hansen and Kimberly Suzanne Hansen,
377	377	recorded under Clerk's File Number 9657453, R.P.R.M.C.T., that
378	378	certain called 2.008 acre tract described in instrument to Douglas
379	379	A. Hansen and Kimberly S. Hansen, recorded under Clerk's File
380	380	Number 2015035058, O.P.R.M.C.T., that certain called 10.697 acre
381	381	tract described in instrument to Douglas A. Hansen and Kimberly S.
382	382	Hansen, recorded under Clerk's File Number 2016094339,
383	383	O.P.R.M.C.T., that certain called 10.78 acre tract described in
384	384	instrument to Gerald Lloyd Helms and Robin Lynn Helms, recorded
385	385	under Clerk's File Number 2006-009851, O.P.R.M.C.T., that certain
386	386	called 4.7941 acre tract described as "Tract One" in instrument to
387	387	James A. Boucher and Dorothy S. Boucher, recorded under Clerk's
388	388	File Number 2002-126807, O.P.R.M.C.T., that certain called 2.3936
389	389	acre tract described in said instrument to James A. Boucher and
390	390	Dorothy S. Boucher, that certain called 1.0028 acre tract described
391	391	in instrument to James Boucher, recorded under Clerk's File Number
392	392	2019016786, O.P.R.M.C.T., the remainder of that certain called
393	393	4.7941 acre tract described as "Tract One" in instrument to Rodney
394	394	Powdrill and Dina Powdrill, recorded under Clerk's File Number
395	395	2018055271, O.P.R.M.C.T., and that certain called 4.7508 acre tract
396	396	described in instrument to Rodney Wayne Powdrill and Dina Powdrill,
397	397	recorded under Clerk's File Number 2015007986, O.P.R.M.C.T., the
398	398	following seventeen (17) courses and distances:
399	399	1. North 01°45'36" East, 1181.57 feet, to a point;
400	400	2. South 86°39'31" West, 859.21 feet, to a point;
401	401	3. North 11°14'50" West, 752.34 feet, to a point;
402	402	4. South 87°11'19" West, 670.34 feet, to a point;
403	403	5. North 11°12'20" West, 1400.01 feet, exiting said Carter Road, to
404	404	a point in the apparent common line between said Hinch Survey and
405	405	said Walker County School Land Survey;
406	406	6. South 86°28'52" West, 1197.12 feet, with the apparent common
407	407	line between said Hinch Survey and said Walker County School Land
408	408	Survey, to a point;
409	409	7. South 11°01'57" East, 946.88 feet, to a point;
410	410	8. South 86°52'25" West 1199.49 feet, to a point;
411	411	9. South 11°13'53" East, 1467.15 feet, to a point;
412	412	10. North 87'00'43" East, 1203.44 feet, to a point;
413	413	11. North 11°22'57" West, 466.67 feet, to a point;
414	414	12. North 86'56'12" East, 890.38 feet, to a point;
415	415	13. South 10°59'48" East, 561.21 feet, to a point;
416	416	14. South 10°39'32" East, 251.55 feet, to a point;
417	417	15. South 66°20'03" East, 632.93 feet, to a point;
418	418	16. South 02°06'01" West, 1251.39 feet, to a point;
419	419	17. North 86°47'51" East, 908.92 feet, to a point in the
420	420	approximate centerline of said Daw Collins Road for a northeasterly
421	421	corner of said Atakapa Tract 1 and said 3045.032 acre tract;
422	422	THENCE South 13"58'35" West, 536.27 feet, with the
423	423	approximate centerline of said Daw Collins Road, an easterly line
424	424	of said Atakapa Tract 1, to a point;
425	425	THENCE South 15°06'43" West, 693.00 feet, continuing with the
426	426	approximate centerline of said Daw Collins Road, an easterly line
427	427	of said Atakapa Tract 1, to a point at the intersection of the
428	428	approximate centerline of said Daw Collins Road with the
429	429	approximate centerline of farm to Market Road 2090 (F.M. 2090, 100
430	430	feet wide), in the arc of a curve to the left, for a southeasterly
431	431	corner of said Atakapa Tract 1 and said 3045.032 acre tract;
432	432	THENCE in a southwesterly direction, with the approximate
433	433	centerline of said F.M. 2090, a southeasterly line of said Atakapa
434	434	Tract 1, the following two (2) courses and distances:
435	435	1. Westerly, 562.92 feet with the arc of said curve to the left
436	436	having a radius of 1432.39 feet, a central angle of 22°31'00", a
437	437	chord that bears South 89°14'24" West, 559.30 feet, to a point for
438	438	the end of said curve;
439	439	2. South 77°58'54" West, 963.96 feet, to a point for the beginning
440	440	of a curve to the left;
441	441	THENCE, North 36°07'25" West, 878.19 feet to a point;
442	442	THENCE, North 36°11'26" West, 20.26 feet to a point;
443	443	THENCE, North 38°07'57" West, 159.93 feet to a point, on the
444	444	west line of that certain called 32.00 acre tract described in
445	445	instrument to American Tower Asset Sub, LLC., recorded under
446	446	Clerk's File Number 2008-003741, O.P.R.M.C.T.;
447	447	THENCE, North 47°18'57" East, 733.05 feet to a point, being
448	448	the northeast corner of said 32.00 acre tract;
449	449	THENCE, North 73°38'16" West, 1,336.65 feet to a point, on the
450	450	north line of said 32.00 acre tract;
451	451	THENCE, over and across said 3045.032 acre tract, the
452	452	following sixteen (16) courses and distances:
453	453	1. North 42°36'59" West, 197.51 feet to a point;
454	454	2. North 44°41'10" West, 259.36 feet to a point;
455	455	3. North 45°36'53" West, 1,532.11 feet to a point;
456	456	4. North 46°33'40" West, 264.22 feet to a point;
457	457	5. North 48°38'50" West, 317.88 feet to a point;
458	458	6. North 49°47'12" West, 2,882.54 feet to a point;
459	459	7. North 50°31'19" West, 205.25 feet to a point;
460	460	8. North 52°04'32" West, 228.25 feet to a point;
461	461	9. North 52°53'37" West, 1,141.02 feet to a point;
462	462	10. North 53°57'01" West, 294.40 feet to a point;
463	463	11. North 55°29'27" West, 135.48 feet to a point;
464	464	12. North 55°58'28" West, 189.03 feet to a point;
465	465	13. North 57°21'57" West, 388.65 feet to a point;
466	466	14. North 60°37'56" West, 523.06 feet to a point;
467	467	15. North 62°52'36" West, 104.39 feet to a point;
468	468	16. North 63°14'45" West, 1,699.13 feet to a point, on the west
469	469	line of said 3045.032 acre tract and on the east line of that
470	470	certain 5 acre tract described in instrument to Robert John Rillie
471	471	and Jerry Lee Rillie, recorded under Clerk's File Number 87989,
472	472	Deed Records of Montgomery County, Texas (D.R.M.C.T.);
473	473	THENCE North 03°23'31" West, with the easterly line of that
474	474	certain 421.116 acre tract described in instrument to 3M Land
475	475	Partners, LTD., recorded under Clerk's File Number 2020120633,
476	476	O.P.R.M.C.T., and said Rillie 5 acre tract, 2,600.76 feet, to a
477	477	point in the southerly line of that certain called 5.00 acre tract
478	478	described in instrument to Brian Ballard and Sinthia Koepke,
479	479	recorded under Clerk's File Number 2004-037959, O.P.R.M.C.T., for
480	480	the common northerly corner of said Parcel 2, Tract 2 and said
481	481	421.116 acre tract, being a northwesterly corner of said 3045.032
482	482	acre tract;
483	483	THENCE North 86°24'37" East, 22.81 feet, with the common line
484	484	between said Parcel 2, Tract 2 and said Ballard 5.00 acre tract, to
485	485	a point for a common corner of the same, being an interior corner of
486	486	said 3045.032 acre tract;
487	487	THENCE North 03°24'52" West, 330.06 feet, continuing with
488	488	said common line, to a point for the common northerly corner of said
489	489	Parcel 2, Tract 2 and said Ballard 5.00 acre tract, being an
490	490	interior corner of said 3045.032 acre tract;
491	491	THENCE South 86°24'28" West, 660.00 feet, to a point in the
492	492	easterly line of that certain called 7.250 acre tract described in
493	493	instrument to Mellisa F. Crawford recorded under Clerk's File
494	494	Number 2020126272, O.P.R.M.C.T., for the westerly corner of said
495	495	Ballard 5.00 acre tract, being a southwesterly corner of said
496	496	3045.032 acre tract;
497	497	THENCE North 03°24'52" West, with the easterly line of said
498	498	7.250 acre tract, the remainder of that certain 14.600 acre tract
499	499	described in instrument to Rajendra Ramoutarsingh, recorded under
500	500	Clerk's File Number 2007-068424, O.P.R.M.C.T., common to a westerly
501	501	line of said Tract 18, 329.97 feet, to a point for a corner of said
502	502	Ramoutarsingh tract, being an interior corner of said 3045.032 acre
503	503	tract;
504	504	THENCE South 86°24'37" West, 749.18 feet, to a point in the
505	505	common line between said Hinch Survey, and the H.S. Williamson
506	506	Survey, Abstract Number 635, the easterly line of that certain
507	507	called 275.861 acre tract described in instrument to Miguel Prado
508	508	and Danielle P. Prado, recorded under Clerk's File Number
509	509	2009-014225, O.P.R.M.C.T., for the westerly corner of said
510	510	Ramoutarsingh tract, being a southwesterly corner of said 3045.032
511	511	acre tract;
512	512	THENCE North 03°23'25" West, 990.20 feet, with the apparent
513	513	common line between said Hinch Survey and said Williamson Survey,
514	514	the east line of said 275.861 acre tract, to a point for the corner
515	515	of the Oaks Subdivision, an unrecorded subdivision, for a
516	516	northwesterly corner of said 3045.032 acre tract;
517	517	THENCE North 86°29'56" East, 3601.32 feet, with the southerly
518	518	line of said Oaks Subdivision and that certain called 1.128 acre
519	519	tract described in instrument to Donald Baker, recorded under
520	520	Clerk's File Number 9460482, R.P.R.M.C.T., common to a northerly
521	521	line of said Parcel 2, Tract 2, to a point for the common corner of
522	522	said Parcel 2, Tract 2, said 1.128 acre tract, and that certain
523	523	called 337.328 acre tract described in instrument to MWM Ventures,
524	524	LTD, recorded under Clerk's File Number 2020096337, O.P.R.M.C.T.,
525	525	being an angle point in the northerly line of said 3045.032 acre
526	526	tract;
527	527	THENCE North 86°30'58" East, 3093.08 feet, with the common
528	528	line between said Parcel 2, Tract 2, and said 337.328 acre tract, to
529	529	a point for the common corner of said Parcel 2, Tract 2, said
530	530	337.328 acre tract, and that certain called 810.277 (NET) acre
531	531	tract, described in instrument to Splendora Acquisitions, LTD.,
532	532	recorded under Clerk's File Number 2021066058, O.P.R.M.C.T., being
533	533	an angle point in the northerly line of said 3045.032 acre tract;
534	534	THENCE North 86°30'57" East, 1331.14 feet, with the common
535	535	line between said Parcel 2, Tract 2, and said 810.277 (NET) acre
536	536	tract, to a point for the common corner of said Parcel 2, Tract 2,
537	537	said 810.277 (NET) acre tract, that certain called 5.2 acre tract
538	538	described in instrument to Trudy Ledoux, recorded under Clerk's
539	539	File Number 2015117010, O.P.R.M.C.T., and that certain called 10
540	540	acre tract described in instrument to Stephen P. Graham, recorded
541	541	under Clerk's File Number 2001079573, O.P.R.M.C.T., being a
542	542	northeasterly corner of the herein described 3045.032 acre tract;
543	543	THENCE South 03°36'00" East, 665.18 feet, with the common line
544	544	between said Parcel 2, Tract 2, and said Graham 10 acre tract, to a
545	545	point for a common corner of same, being an interior corner of the
546	546	herein described tract;
547	547	THENCE North 85°58'48" East, 640.76 feet, continuing with
548	548	said common line, to a point for the southerly common easterly
549	549	corner of said Parcel 2, Tract 2, and said 10 acre tract, being an
550	550	interior corner of the herein described tract;
551	551	THENCE, North 03°30'51" West, 681.45 feet, to a point for the
552	552	common corner of said Parcel 2, Tract 2, said 10 acre tract, and
553	553	said 5.2 acre tract, being an angle point in a westerly line of the
554	554	herein described tract;
555	555	THENCE, North 03°20'27" West, 996.35 feet, with the easterly
556	556	line of said 5.2 acre tract, that certain called 10 acre tract
557	557	described in instrument to Stephen P. Graham, recorded under
558	558	Clerk's File Number 2001079574, O.P.R.M.C.T., common to a westerly
559	559	line of said Parcel 2, Tract 2, to a point in the southerly line of
560	560	said 810.277 (NET) acre tract, for the common northerly corner of
561	561	said Parcel 2, Tract 2, and said mentioned Graham 10 acre tract,
562	562	being a northwesterly corner of the herein described tract;
563	563	THENCE, North 86°56'40" East, 3,307.47 feet, with the
564	564	northerly line of said Parcel 2, Tract 2, common to a southerly line
565	565	of said 810.277 (NET) acre tract, to a point for a common corner of
566	566	said Parcel 2, Tract 2, said 810.277 (NET) acre tract, and that
567	567	certain tract described in instrument to James Metts and Angela
568	568	Metts, recorded under Clerk's File Number 2017073037,
569	569	O.P.R.M.C.T., being an angle point in a northerly line of the herein
570	570	described tract;
571	571	THENCE, North 86°56'40" East, 660.08 feet, with the common
572	572	line between said Parcel 2, Tract, and said Metts tract, to a point
573	573	for a common corner of said Parcel 2, Tract 2, said Metts tract and
574	574	said 810.277 (NET) acre tract, being an angle point of the herein
575	575	described tract;
576	576	THENCE, North 86°56'40" East, 1,321.06 feet, with the common
577	577	line between said Parcel 2, Tract 2 and said 810.277 (NET) acre
578	578	tract to a point;
579	579	THENCE South 03°07'29" East, 1057.31 feet, with the apparent
580	580	common line between said Hinch Survey and said Gill Survey, the
581	581	westerly line of said 24.4867 acre tract and that certain called
582	582	18.4867 acre tract described in instrument to Kelly Keith Jordan,
583	583	recorded under Clerk's File Number 9723749, Real Property Records
584	584	of Montgomery County, Texas (R.P.R.M.C.T.), common to an easterly
585	585	line of said Parcel 2, Tract 2, to a point for the common westerly
586	586	corner of that certain called 2.4723 acre tract described as "Tract
587	587	5" in instrument to Atakapa, LLC., recorded under Clerk's File
588	588	Number 2013016070, O.P.R.M.C.T., and said 18.4867 acre tract, being
589	589	an interior corner of said 3045.032 acre tract;
590	590	THENCE South 03°15'20" East, 60.15 feet to a point in the
591	591	apparent common line between said Hinch Survey and said Gill
592	592	survey, an easterly line of said Parcel 2, Tract 2, for the common
593	593	westerly corner of said Tract 5 and the remainder of that certain
594	594	called 37.546 acre tract described in instrument to Elton Kane
595	595	Angers and Angela M. Angers, recorded under Clerk's File Number
596	596	2013084043, O.P.R.M.C.T., being an interior corner of said 3045.032
597	597	acre tract;
598	598	South 03°05'53" East, 908.31 feet, with the apparent common
599	599	line between said Hinch Survey and said Gill Survey, an easterly
600	600	line of said Parcel 2, Tract 2 and that certain tract described as
601	601	"Tract 14" in instrument to Atakapa, LLC., recorded under Clerk's
602	602	File Number 2013016070, O.P.R.M.C.T., common to the westerly line
603	603	of said remainder of 37.546 acre tract and that certain called
604	604	18.500 acre tract described in instrument to James Glenn Richardson
605	605	and Daphne Lynn Richardson, recorded under Clerk's File Number
606	606	2013108135, O.P.R.M.C.T., to a point for the common corner of said
607	607	Tract 14, said 18.500 acre tract, and that certain called 20.1336
608	608	acre tract described in instrument to Reggie Clayton Jackson, Sr.
609	609	and Leslie Louise Jackson, recorded under Clerk's File Number
610	610	2012040560, O.P.R.M.C.T., being an angle point in an easterly line
611	611	of said 3045.032 acre tract;
612	612	THENCE South 03°08'44" East, 491.63 feet, continuing with the
613	613	apparent common line between said Hinch Survey and said Gill
614	614	Survey, the common line between said Tract 14 and said 20.1336 acre
615	615	tract, to a point for the common westerly corner of that certain
616	616	called 20.00 acre tract described as "Tract 9" in instrument to
617	617	Atakapa, LLC., recorded under Clerk's File Number 2013016070,
618	618	O.P.R.M.C.T., and said 20.1663 acre tract, being an interior corner
619	619	of said 3045.032 acre tract;
620	620	THENCE North 86°37'59" East, 1810.75 feet, with the common
621	621	line between said Tract 9 and said 20.1336 acre tract, to a point in
622	622	the westerly margin of said Daw Collins Road for the common easterly
623	623	corner of said Tract 9 and said 20.1336 acre tract, being a
624	624	northeasterly corner of said 3045.032 acre tract;
625	625	THENCE South 03°51'02" East, 480.42 feet, with the westerly
626	626	margin of said Daw Collins Road, the easterly line of said Tract 9,
627	627	to a point for the common easterly corner of said Tract 9 and that
628	628	certain called 20.00 acre tract described in instrument to Campbell
629	629	Ready-Mix, Inc., recorded under Clerk's File Number 9622955,
630	630	R.P.R.M.C.T., being a southeasterly corner of said 3045.032 acre
631	631	tract;
632	632	THENCE South 86°37'59" West, 1816.24 feet, with the common
633	633	line between said Tract 9 and said Campbell Ready-Mix 20.00 acre
634	634	tract, to a point in the apparent common line between said Hinch
635	635	Survey and said Gill Survey, an easterly line of said Parcel 2,
636	636	Tract 2 for the common westerly corner of said Tract 9 and said
637	637	Campbell Ready-Mix 20.00 acre tract, being an interior corner of
638	638	the herein described 3045.032 acre tract;
639	639	THENCE South 03°09'19" East, 956.51 feet, with the apparent
640	640	common line between said Hinch Survey and said Gill Survey, the
641	641	westerly line of said Campbell Ready-Mix 20.00 acre tract and that
642	642	certain called 20.02 acre tract described in instrument to David C.
643	643	Lee and Anne T. LeBlanc, recorded under Clerk's File Number
644	644	2010096690, O.P.R.M.C.T., common to an easterly line of said Parcel
645	645	2, Tract 2 to a point for the common corner of said Parcel 2, Tract
646	646	2, said 20.02 acre tract, the remainder of that certain called
647	647	20.000 acre tract described in instrument to Brian Ballard and
648	648	Sinthia Koepke, recorded under Clerk's File Number 2003149365,
649	649	O.P.R.M.C.T., and that certain tract described in instrument to
650	650	Shirley Gay, recorded under Clerk's File Number 8121692,
651	651	R.P.R.M.C.T., being a southeasterly corner of said 3045.032 acre
652	652	tract;
653	653	THENCE with the common line between said Parcel 2, Tract 2 and
654	654	said Gay tract, South 86°48'24" West, 1318.78 feet, to a point for
655	655	corner;
656	656	THENCE South 03°05'13" East, 662.49 feet, to a point on the
657	657	southwest corner of said Gay tract;
658	658	THENCE North 86°42'16" East, 1,319.85 feet to the POINT OF
659	659	BEGINNING, CONTAINING 2,540 acres (110,650,140 square feet) of land
660	660	in Montgomery County, Texas, filed in the offices of Elevation Land
661	661	Solutions in The Woodlands, Texas.
662	662	TRACT 2:
663	663	A METES & BOUNDS description of a certain 20.720 acre
664	664	(902,563 square feet) tract of land situated in the Michael H. Hinch
665	665	Survey, Abstract No. 253, in Montgomery County, Texas, being all of
666	666	called Tract Nos. Thirty-Five (35) and Forty-Three (43), of Section
667	667	4 of Security Subdivision according to the plat thereof recorded in
668	668	Volume 1, Page 23, Montgomery County Deed Records, conveyed to John
669	669	Schneider by deed recorded in Volume 85, Page 230, Montgomery
670	670	County Deed Records, and being all of called Tract Nos. Fifty-One
671	671	(51) and Fifty-Nine (59), of Section 4 of Security Subdivision
672	672	according to the plat thereof recorded in Volume 1, Page 23,
673	673	Montgomery County Deed Records, conveyed to Rita S. Wolven and
674	674	Margy A. Long by deed recorded in Clerk's File No. 9534020,
675	675	Montgomery County Official Public Records of Real Property; said
676	676	20.720 acre (902,563 square feet) tract of land being more
677	677	particularly described as follows with all bearings being based on
678	678	said deed recorded in Clerk's File No. 2021177868, Montgomery
679	679	County Official Public Records:
680	680	BEGINNING at a point for the easterly common northerly corner
681	681	of said Schneider tract and said Parcel 2, Tract 2, being the
682	682	northeasterly corner of the herein described 20.720 acre tract,
683	683	from which a point for the common corner of said Parcel 2, Tract 2,
684	684	said 810.277 (NET) acre tract, that certain called 10 acre tract
685	685	described in instrument to Stephen P. Graham, recorded under
686	686	Clerk's File Number 2001079573, O.P.R.M.C.T., and that certain
687	687	called 5.2 acre tract described in instrument to Trudy Ledoux,
688	688	recorded under Clerk's File Number 2015117010, O.P.R.M.C.T., bears
689	689	North 60°03'52" East, 2,948.79 feet;
690	690	THENCE South 03°04'04" East, 1,319.97 feet, with a westerly
691	691	line of said Parcel 2, Tract 2, the westerly line of that certain
692	692	called 20.00 acre tract described as "Tract 12" in instrument to
693	693	Atakapa, LLC, recorded under Clerk's File Number 2013016070,
694	694	O.P.R.M.C.T., common to the easterly line of said Schneider tract,
695	695	the continuing with a common line between said Long 10 acre tract
696	696	and said Parcel 2, Tract 2, to a point for the easterly common
697	697	southerly corner of said Long 10 acre tract and said Parcel 2, Tract
698	698	2, being the southeasterly corner of the herein described 20.720
699	699	acre tract;
700	700	THENCE South 85°55'43" West, 683.88 feet, with the common line
701	701	between said Long 10 acre tract and said Parcel 2, Tract 2, to a
702	702	point for a common corner of same, being the southwesterly corner of
703	703	the herein described 20.720 acre tract;
704	704	THENCE North 03°04'04" West, 1,319.97 feet, with the westerly
705	705	line of said Long 10 acre tract and said Schneider tract, common to
706	706	an easterly line of said Parcel 2, Tract 2, to a point for the
707	707	westerly common northerly corner of said Schneider tract and said
708	708	Parcel 2, Tract 2, being the northwesterly corner of the herein
709	709	described 20.720 acre tract;
710	710	THENCE North 85°55'43" East, 683.88 feet, with the common line
711	711	between said Schneider tract and said Parcel 2, Tract 2, to the
712	712	POINT OF BEGINNING, CONTAINING 20.720 acre (902,563 square feet) of
713	713	land in Montgomery County, Texas.
714	714	TRACT 3:
715	715	A METES & BOUNDS description of a certain 10.087 acre
716	716	(439,400 square feet) tract of land situated in the Michael H. Hinch
717	717	Survey, Abstract No. 253, in Montgomery County, Texas, being all of
718	718	called Tract Nos. Seventy (70) and Seventy-Eight (78), of Section 4
719	719	of Security Subdivision according to the plat thereof recorded in
720	720	Volume 1, Page 23, Montgomery County Deed Records, conveyed to
721	721	Eleanore Triplett by deed recorded in Clerk's File No. 7930998,
722	722	Montgomery County Deed Records; said 10.087 acre (439,400 square
723	723	feet) tract of land being more particularly described as follows
724	724	with all bearings being based on said deed recorded in Clerk's File
725	725	No. 2021177868, Montgomery County Official Public Records:
726	726	BEGINNING at a point for the common easterly corner of said
727	727	Tract Nos. Seventy (70) and Seventy-Eight (78) and that certain
728	728	called 5.00 acre tract described in instrument to Atakapa, LLC,
729	729	recorded under Clerk's File Number 2021170759, O.P.R.M.C.T., in a
730	730	westerly line of said Parcel 2, Tract 2, being the northeasterly
731	731	corner of the herein described 10.087 acre tract, from which a point
732	732	for the common corner of said Parcel 2, Tract 2, said 810.277 (NET)
733	733	acre tract, said 5.2 acre tract, and said 10 acre tract to Stephen
734	734	P. Graham bears North 10°59'37" East, 2,719.29 feet;
735	735	THENCE South 02°13'03" East, 666.93 feet, with the easterly
736	736	line of said Tract 55, common to a westerly line of said Parcel 2,
737	737	Tract 2, to a point for the easterly common south corner of said
738	738	Tract 55 and said Parcel 2, Tract 2, being the southeasterly corner
739	739	of the herein described 10.087 acre tract;
740	740	THENCE South 87°23'17" West, 658.82 feet, continuing the
741	741	common line between said Tract 55 and said Parcel 2, Tract 2, to a
742	742	point for the westerly common south corner of same, being the
743	743	southwesterly corner of the herein described 10.087 acre tract;
744	744	THENCE North 02°39'53" West, 661.75 feet, with the common line
745	745	between said Tract 55 and said Parcel 2, Tract 2, to a point for the
746	746	common westerly corner of said Tract 55 and said 5.00 acre tract to
747	747	Atakapa, LLC, being the northwesterly corner of the herein
748	748	described 10.087 acre tract;
749	749	THENCE North 86°56'31" East, 664.04 feet, with the common line
750	750	between said Tract 55 and said 5.00 acre tract to Atakapa, LLC, to
751	751	the POINT OF BEGINNING, CONTAINING 10.087 acre (439,400 square
752	752	feet) of land in Montgomery County, Texas.
753	753	TRACT 4:
754	754	A METES & BOUNDS description of a certain 20.02 acre (872,176
755	755	square feet) tract of land situated in the Michael H. Hinch Survey,
756	756	Abstract No. 253, in Montgomery County, Texas, being all of a
757	757	called 10.0 acre tract conveyed to Splendora Independent School
758	758	District by deed recorded in Clerk's File No. 2013090370,
759	759	Montgomery County Official Public Records, and being all of called
760	760	10.0 acre tract conveyed to Jack W. Mayo, Jr. by deed recorded in
761	761	Clerk's File No. 7829854, Montgomery County Official Public
762	762	Records of Real Property; said 20.02 acre (872,176 square feet)
763	763	tract of land being more particularly described as follows with all
764	764	bearings being based on the Texas Coordinate System, Central Zone,
765	765	NAD 83:
766	766	COMMENCING at a 1/2-inch iron rod (with cap) found, being the
767	767	northwest corner of a called 20 acre tract conveyed to Shirley Gay
768	768	by deed recorded in Clerk's File No. 8121692, Montgomery County
769	769	Official Public Records of Real Property;
770	770	THENCE, North 79°11'52" West, 2,715.92 feet to a 5/8-inch iron
771	771	rod (with cap) found, being the northeast corner of said called 10.0
772	772	acre tract conveyed to Splendora Independent School District and
773	773	being the northeast corner and POINT OF BEGINNING of the herein
774	774	described tract;
775	775	THENCE, South 02°42'00" East, 658.42 feet to a 3/8-inch iron
776	776	rod found, being the northeast corner of said called 10.0 acre tract
777	777	conveyed to Jack W. Mayo, Jr. and being the southeast corner of said
778	778	called 10.0 acre tract conveyed to Splendora Independent School
779	779	District;
780	780	THENCE, South 03°05'32" East, 658.95 feet to a 5/8-inch iron
781	781	rod (with cap) found, being the southeast corner of said called 10.0
782	782	acre tract conveyed to Jack W. Mayo, Jr. and being the southeast
783	783	corner of the herein described tract;
784	784	THENCE, South 86°28'21" West, 664.91 feet to a 1/2-inch iron
785	785	rod (with cap) found, being the southwest corner of said called 10.0
786	786	acre tract conveyed to Jack W. Mayo, Jr. and being the southwest
787	787	corner of the herein described tract;
788	788	THENCE, North 02°40'33" West, 661.85 feet to a 3/8-inch iron
789	789	rod found, being the northwest corner of said called 10.0 acre tract
790	790	conveyed to Jack W. Mayo, Jr. and being the southwest corner of said
791	791	called 10.0 acre tract conveyed to Splendora Independent School
792	792	District;
793	793	THENCE, North 02°39'39" West, 659.17 feet to a 5/8-inch iron
794	794	rod (with cap) found, being the northwest corner of said called 10.0
795	795	acre tract conveyed to Splendora Independent School District and
796	796	being the northwest corner of the herein described tract;
797	797	THENCE, North 86°47'02" East, 659.62 feet to the POINT OF
798	798	BEGINNING, CONTAINING 20.02 acres (872,176 square feet) of land in
799	799	Montgomery County, Texas, filed in the offices of Elevation Land
800	800	Solutions in The Woodlands, Texas.
801	801	TRACT 5:
802	802	A METES & BOUNDS description of a certain 10.000 acre
803	803	(435,591 square feet) tract of land situated in the Michael H. Hinch
804	804	Survey, Abstract No. 253, in Montgomery County, Texas, being all of
805	805	called Tract Numbers (114) and (122), of Section 4 of Security
806	806	Subdivision according to the plat thereof recorded in Volume 1,
807	807	Page 23, Montgomery County Deed Records, conveyed to Dana Lynn
808	808	Sprayberry by deed recorded in Clerk's File No. 2000-072045,
809	809	Montgomery County Official Public Records of Real Property; said
810	810	10.000 acre (435,591 square feet) tract of land being more
811	811	particularly described as follows with all bearings being based on
812	812	said deed recorded in Clerk's File No. 2021177868, Montgomery
813	813	County Official Public Records:
814	814	BEGINNING at a point for the westerly common southerly corner
815	815	of said Sprayberry tract and said Parcel 2, Tract 2, being the
816	816	southwesterly corner of the herein described 10.000 acre tract,
817	817	from which a point for the common southerly corner of said Parcel 2,
818	818	Tract 2, and said 421.116 acre tract bears, South 70°53'39" West,
819	819	2744.66 feet;
820	820	THENCE North 03°02'48" West, 660.00 feet, with the common line
821	821	between said Sprayberry tract and said Parcel 2, Tract 2, to a point
822	822	for the common westerly corner of said Sprayberry tract and that
823	823	certain tract described as Farm Tracts 97, 98 and 106 in instrument
824	824	to Atakapa LLC, recorded under Clerk's File Number 2018080651,
825	825	O.P.R.M.C.T., being the northwesterly corner of the herein
826	826	described 10.000 acre tract;
827	827	THENCE North 86°35'15" East, 660.00 feet, with the common line
828	828	between said Sprayberry tract and said Farm Tracts 97, 98 and 106,
829	829	to a point in a westerly line of said Parcel 2, Tract 2, for the
830	830	common easterly corner of same, being the northeasterly corner of
831	831	the herein described 10.000 acre tract;
832	832	THENCE South 03°02'48" East, 660.00 feet, with the common line
833	833	between said Sprayberry tract and said Parcel 2, Tract 2, to a point
834	834	for the common westerly corner of said Sprayberry tract and common
835	835	southerly corner of said Sprayberry tract and said Parcel 2, Tract
836	836	2, being the southeasterly corner of the herein described 10.000
837	837	acre tract;
838	838	THENCE, South 86°35'15" West, 660.00 feet, continuing with
839	839	said common line, to the POINT OF BEGINNING, CONTAINING 10.000 acre
840	840	(435,591 square feet) of land in Montgomery County, Texas.
841	841	TRACT 6:
842	842	A METES & BOUNDS description of a certain 10.00 acre (435,658
843	843	square feet) tract of land situated in the Michael H. Hinch Survey,
844	844	Abstract No. 253, in Montgomery County, Texas, being all of called
845	845	Tract Twenty-Two (22), of Section 5 of Security Subdivision
846	846	according to the plat thereof recorded in Volume 1, Page 23,
847	847	Montgomery County Deed Records, conveyed to John F. Darst by deed
848	848	recorded in Clerk's File No. 2014005435, Montgomery County
849	849	Official Public Records; said 10.00 acre (435,658 square feet)
850	850	tract of land being more particularly described as follows with all
851	851	bearings being based on the Texas Coordinate System, Central Zone,
852	852	NAD 83:
853	853	COMMENCING at a 1/2-inch iron rod (with cap) found, being the
854	854	northwest corner of a called 20 acre tract conveyed to Shirley Gay
855	855	by deed recorded in Clerk's File No. 8121692, Montgomery County
856	856	Official Public Records of Real Property;
857	857	THENCE, South 67°07'55" West, 7,025.16 feet to a 1/2-inch iron
858	858	rod (with cap) found, being the northeast corner of said called
859	859	Tract Twenty-Two (22) and being the northeast corner and POINT OF
860	860	BEGINNING of the herein described tract;
861	861	THENCE, South 03°20'59" East, 660.24 feet to a 5/8-inch iron
862	862	rod (with cap) found, being the southeast corner of said called
863	863	Tract Twenty-Two (22) and being the southeast corner of the herein
864	864	described tract;
865	865	THENCE, South 86°28'39" West, 660.12 feet to a 5/8-inch iron
866	866	rod found, being the southwest corner of said called Tract
867	867	Twenty-Two (22) and being the southwest corner of the herein
868	868	described tract;
869	869	THENCE, North 03°19'03" West, 660.07 feet to a 5/8-inch iron
870	870	rod (with cap) found, being the northwest corner of said called
871	871	Tract Twenty-Two (22) and being the northwest corner of the herein
872	872	described tract;
873	873	THENCE, North 86°27'46" East, 659.75 feet to the POINT OF
874	874	BEGINNING, CONTAINING 10.00 acres (435,658 square feet) of land in
875	875	Montgomery County, Texas, filed in the offices of Elevation Land
876	876	Solutions in The Woodlands, Texas.
877	877	TRACT 7:
878	878	A METES & BOUNDS description of a certain 10.05 acre (437,646
879	879	square feet) tract of land situated in the Michael H. Hinch Survey,
880	880	Abstract No. 253, in Montgomery County, Texas, being all of called
881	881	Lots One (1) and Two (2), of Section 6 of Security Subdivision
882	882	according to the plat thereof recorded in Volume 1, Page 23,
883	883	Montgomery County Deed Records, conveyed to Milton Howard Sands,
884	884	Jr. by deed recorded in Clerk's File No. 8842100, Montgomery County
885	885	Official Public Records of Real Property; said 10.05 acre (437,646
886	886	square feet) tract of land being more particularly described as
887	887	follows with all bearings being based on the Texas Coordinate
888	888	System, Central Zone, NAD 83:
889	889	COMMENCING at a 1/2-inch iron rod (with cap) found, being the
890	890	northwest corner of a called 20 acre tract conveyed to Shirley Gay
891	891	by deed recorded in Clerk's File No. 8121692, Montgomery County
892	892	Official Public Records of Real Property;
893	893	THENCE, South 56°22'01" West, 4,599.31 feet to an axle found,
894	894	being the northeast corner of said called Lots One (1) and Two (2)
895	895	and being the northeast corner and POINT OF BEGINNING of the herein
896	896	described tract;
897	897	THENCE, South 03°01'51" East, 329.54 feet to a 5/8-inch iron
898	898	rod (with cap) found, being the southeast corner of said called Lots
899	899	One (1) and Two (2) and being the southeast corner of the herein
900	900	described tract;
901	901	THENCE, South 86°30'27" West, 1,318.54 feet to a 5/8-inch iron
902	902	rod (with cap) found, being the southwest corner of said called Lots
903	903	One (1) and Two (2) and being the southwest corner of the herein
904	904	described tract;
905	905	THENCE, North 03°23'34" West, 333.78 feet to a 5/8-inch iron
906	906	rod (with cap) found, being the northwest corner of said called Lots
907	907	One (1) and Two (2) and being the northwest corner of the herein
908	908	described tract;
909	909	THENCE, North 86°41'29" East, 1,320.62 feet to the POINT OF
910	910	BEGINNING, CONTAINING 10.05 acres (437,646 square feet) of land in
911	911	Montgomery County, Texas, filed in the offices of Elevation Land
912	912	Solutions in The Woodlands, Texas.
913	913	TRACT 8:
914	914	A METES & BOUNDS description of a certain 5.009 acre (218,190
915	915	square feet) tract of land situated in the Walker County School Land
916	916	Survey, Abstract No. 494, in Montgomery County, Texas, being all of
917	917	a called 5.000 acre tract conveyed to Bill Ellison by deed recorded
918	918	in Clerk's File No. 2018004658, Montgomery County Official Public
919	919	Records; said 5.009 acre (218,190 square feet) tract of land being
920	920	more particularly described as follows with all bearings being
921	921	based on the Texas Coordinate System, Central Zone, NAD 83:
922	922	COMMENCING at a 1/2-inch iron rod (with cap) found, being the
923	923	northwest corner of a called 20 acre tract conveyed to Shirley Gay
924	924	by deed recorded in Clerk's File No. 8121692, Montgomery County
925	925	Official Public Records of Real Property;
926	926	THENCE, North 21°41'20" West, 2,084.68 feet to a concrete
927	927	monument (disturbed) found, being the southeast corner of said
928	928	called 5.000 acre tract and being the southeast corner and POINT OF
929	929	BEGINNING of the herein described tract;
930	930	THENCE, South 86°56'55" West, 658.50 feet to a concrete
931	931	monument found, being the southwest corner of said called 5.000
932	932	acre tract and being the southwest corner of the herein described
933	933	tract;
934	934	THENCE, North 03°15'30" West, 330.34 feet to a 1/2-inch iron
935	935	rod (with cap) found, being the northwest corner of said called
936	936	5.000 acre tract and being the northwest corner of the herein
937	937	described tract;
938	938	THENCE, North 86°52'08" East, 660.69 feet to a 1-1/2-inch iron
939	939	pipe (bent) found, being the northeast corner of said called 5.000
940	940	acre tract and being the northeast corner of the herein described
941	941	tract;
942	942	THENCE, South 02°52'48" East, 331.25 feet to the POINT OF
943	943	BEGINNING, CONTAINING 5.009 acres (218,190 square feet) of land in
944	944	Montgomery County, Texas, filed in the offices of Elevation Land
945	945	Solutions in The Woodlands, Texas.
946	946	SECTION 3. (a) The legal notice of the intention to
947	947	introduce this Act, setting forth the general substance of this
948	948	Act, has been published as provided by law, and the notice and a
949	949	copy of this Act have been furnished to all persons, agencies,
950	950	officials, or entities to which they are required to be furnished
951	951	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
952	952	Government Code.
953	953	(b) The governor, one of the required recipients, has
954	954	submitted the notice and Act to the Texas Commission on
955	955	Environmental Quality.
956	956	(c) The Texas Commission on Environmental Quality has filed
957	957	its recommendations relating to this Act with the governor, the
958	958	lieutenant governor, and the speaker of the house of
959	959	representatives within the required time.
960	960	(d) All requirements of the constitution and laws of this
961	961	state and the rules and procedures of the legislature with respect
962	962	to the notice, introduction, and passage of this Act are fulfilled
963	963	and accomplished.
964	964	SECTION 4. (a) If this Act does not receive a two-thirds
965	965	vote of all the members elected to each house, Subchapter C, Chapter
966	966	7985A, Special District Local Laws Code, as added by Section 1 of
967	967	this Act, is amended by adding Section 7985A.0307 to read as
968	968	follows:
969	969	Sec. 7985A.0307. NO EMINENT DOMAIN POWER. The district may
970	970	not exercise the power of eminent domain.
971	971	(b) This section is not intended to be an expression of a
972	972	legislative interpretation of the requirements of Section 17(c),
973	973	Article I, Texas Constitution.
974	974	SECTION 5. This Act takes effect immediately if it receives
975	975	a vote of two-thirds of all the members elected to each house, as
976	976	provided by Section 39, Article III, Texas Constitution. If this
977	977	Act does not receive the vote necessary for immediate effect, this
978	978	Act takes effect September 1, 2023.