TX
Texas House Bill HB5366

Texas 2023 - 88th Regular

Texas House Bill HB5366 Compare Versions

OldNewDifferences
11 H.B. No. 5366
22
33
44 AN ACT
55 relating to the creation of the Grimes County Municipal Utility
66 District No. 3; 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 7878A to read as follows:
1212 CHAPTER 7878A. GRIMES COUNTY MUNICIPAL UTILITY DISTRICT NO. 3
1313 SUBCHAPTER A. GENERAL PROVISIONS
1414 Sec. 7878A.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 Grimes County Municipal
2020 Utility District No. 3.
2121 Sec. 7878A.0102. NATURE OF DISTRICT. The district is a
2222 municipal utility district created under Section 59, Article XVI,
2323 Texas Constitution.
2424 Sec. 7878A.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. 7878A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
2929 temporary directors may not hold an election under Section
3030 7878A.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. 7878A.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. 7878A.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. 7878A.0201. GOVERNING BODY; TERMS. (a) The district
5959 is governed by a board of five elected directors.
6060 (b) Except as provided by Section 7878A.0202, directors
6161 serve staggered four-year terms.
6262 Sec. 7878A.0202. TEMPORARY DIRECTORS. (a) On or after the
6363 effective date of the Act enacting this chapter, the owner or owners
6464 of a majority of the assessed value of the real property in the
6565 district may submit a petition to the commission requesting that
6666 the commission appoint as temporary directors the five persons
6767 named in the petition. The commission shall appoint as temporary
6868 directors the five persons named in the petition.
6969 (b) Temporary directors serve until the earlier of:
7070 (1) the date permanent directors are elected under
7171 Section 7878A.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 7878A.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 7878A.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. 7878A.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. 7878A.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. 7878A.0303. AUTHORITY FOR ROAD PROJECTS. Under
100100 Section 52, Article III, Texas Constitution, the district may
101101 design, acquire, construct, finance, issue bonds for, improve,
102102 operate, maintain, and convey to this state, a county, or a
103103 municipality for operation and maintenance macadamized, graveled,
104104 or paved roads, or improvements, including storm drainage, in aid
105105 of those roads.
106106 Sec. 7878A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
107107 road project must meet all applicable construction standards,
108108 zoning and subdivision requirements, and regulations of each
109109 municipality in whose corporate limits or extraterritorial
110110 jurisdiction the road project is located.
111111 (b) If a road project is not located in the corporate limits
112112 or extraterritorial jurisdiction of a municipality, the road
113113 project must meet all applicable construction standards,
114114 subdivision requirements, and regulations of each county in which
115115 the road project is located.
116116 (c) If the state will maintain and operate the road, the
117117 Texas Transportation Commission must approve the plans and
118118 specifications of the road project.
119119 Sec. 7878A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
120120 ORDINANCE OR RESOLUTION. The district shall comply with all
121121 applicable requirements of any ordinance or resolution that is
122122 adopted under Section 54.016 or 54.0165, Water Code, and that
123123 consents to the creation of the district or to the inclusion of land
124124 in the district.
125125 Sec. 7878A.0306. DIVISION OF DISTRICT. (a) The board, on
126126 its own motion or on receipt of a petition signed by the owner or
127127 owners of a majority of the assessed value of the real property in
128128 the district, may adopt an order dividing the district.
129129 (b) An order dividing a district may create one or more new
130130 districts and may provide for the continuation of the district.
131131 (c) An order dividing the district must:
132132 (1) name any new district;
133133 (2) include the metes and bounds description of the
134134 territory of each of the districts;
135135 (3) appoint temporary directors for any new district;
136136 and
137137 (4) provide for the division of assets and liabilities
138138 between the districts.
139139 (d) The board may adopt an order dividing the district
140140 before or after the date the board holds an election under Section
141141 7878A.0103 to confirm the district's creation.
142142 (e) The district may be divided only if the district:
143143 (1) has never issued any bonds; and
144144 (2) is not imposing ad valorem taxes.
145145 (f) A new district created by the division of the district
146146 may not, at the time the new district is created, contain any land
147147 outside the area described by Section 2 of the Act enacting this
148148 chapter.
149149 (g) On or before the 30th day after the date of adoption of
150150 an order dividing the district, the district shall file the order
151151 with the commission and record the order in the real property
152152 records of each county in which the district is located.
153153 (h) This chapter applies to any new district created by
154154 division of the district, and a new district has all the powers and
155155 duties of the district.
156156 (i) A new district created by the division of the district
157157 shall hold a confirmation and directors' election as required by
158158 Section 7878A.0103.
159159 (j) If the creation of the new district is confirmed, the
160160 new district shall provide the election date and results to the
161161 commission.
162162 (k) A new district created by the division of the district
163163 must hold an election as required by this chapter to obtain voter
164164 approval before the district may impose a maintenance tax or issue
165165 bonds payable wholly or partly from ad valorem taxes.
166166 (l) The district may rely on confirmation, directors',
167167 bond, or tax elections held prior to the division of the district.
168168 (m) Municipal consent to the creation of the district and to
169169 the inclusion of land in the district granted under Section
170170 7878A.0104 acts as municipal consent to the creation of any new
171171 district created by the division of the district and to the
172172 inclusion of land in the new district.
173173 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
174174 Sec. 7878A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
175175 The district may issue, without an election, bonds and other
176176 obligations secured by:
177177 (1) revenue other than ad valorem taxes; or
178178 (2) contract payments described by Section
179179 7878A.0403.
180180 (b) The district must hold an election in the manner
181181 provided by Chapters 49 and 54, Water Code, to obtain voter approval
182182 before the district may impose an ad valorem tax or issue bonds
183183 payable from ad valorem taxes.
184184 (c) The district may not issue bonds payable from ad valorem
185185 taxes to finance a road project unless the issuance is approved by a
186186 vote of a two-thirds majority of the district voters voting at an
187187 election held for that purpose.
188188 Sec. 7878A.0402. OPERATION AND MAINTENANCE TAX. (a) If
189189 authorized at an election held under Section 7878A.0401, the
190190 district may impose an operation and maintenance tax on taxable
191191 property in the district in accordance with Section 49.107, Water
192192 Code.
193193 (b) The board shall determine the tax rate. The rate may not
194194 exceed the rate approved at the election.
195195 Sec. 7878A.0403. CONTRACT TAXES. (a) In accordance with
196196 Section 49.108, Water Code, the district may impose a tax other than
197197 an operation and maintenance tax and use the revenue derived from
198198 the tax to make payments under a contract after the provisions of
199199 the contract have been approved by a majority of the district voters
200200 voting at an election held for that purpose.
201201 (b) A contract approved by the district voters may contain a
202202 provision stating that the contract may be modified or amended by
203203 the board without further voter approval.
204204 SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
205205 Sec. 7878A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
206206 OBLIGATIONS. The district may issue bonds or other obligations
207207 payable wholly or partly from ad valorem taxes, impact fees,
208208 revenue, contract payments, grants, or other district money, or any
209209 combination of those sources, to pay for any authorized district
210210 purpose.
211211 Sec. 7878A.0502. TAXES FOR BONDS. At the time the district
212212 issues bonds payable wholly or partly from ad valorem taxes, the
213213 board shall provide for the annual imposition of a continuing
214214 direct ad valorem tax, without limit as to rate or amount, while all
215215 or part of the bonds are outstanding as required and in the manner
216216 provided by Sections 54.601 and 54.602, Water Code.
217217 Sec. 7878A.0503. BONDS FOR ROAD PROJECTS. At the time of
218218 issuance, the total principal amount of bonds or other obligations
219219 issued or incurred to finance road projects and payable from ad
220220 valorem taxes may not exceed one-fourth of the assessed value of the
221221 real property in the district.
222222 SECTION 2. The Grimes County Municipal Utility District
223223 No. 3 initially includes all the territory contained in the
224224 following area:
225225 Tract 1: 538.64 acres
226226 Being a tract of land containing 557.61 acres (24,289,539
227227 square feet), located in the Blake Brantley Survey, A-104, the Gwyn
228228 Morrison Survey, A-357, the Edley Montgomery Survey, A-355, the
229229 Samuel New Survey, A-365, the Thomas Corner Survey, A-155, the
230230 William R. Wheelis Survey, A-481, the E.T. Estis Survey, A-194, the
231231 William R. Wheelis Survey, A-480, and the Thomas Corner Survey,
232232 A-167 in Grimes County, Texas; Said 557.61 acre tract being out of
233233 portion of the remainder of a called 127.86 acre tract, recorded in
234234 the name of SH 249 Development IV, LLC, under Grimes County Deed
235235 Record (G.C.D.R.) Vol. 1727, Pg. 349, and a portion of the remainder
236236 of a called 111.64 acre tract, recorded in the name of SH 249
237237 Development III, LLC, under G.C.D.R. Vol. 1727, Pg. 331, and a
238238 portion of the remainder of a called 99.58 acre tract, recorded in
239239 the name of SH 249 Development II, LLC, under G.C.D.R. Vol. 1727,
240240 Pg. 337, and a portion of the remainder of a called 98.65 acre
241241 tract, recorded in the name of SH 249 Development I, LLC, under
242242 G.C.D.R. Vol. 1727, Pg. 343, the remainder of a called 200 acre
243243 tract, recorded in the name of Marilyn Joyce Fuchs Knighten, under
244244 G.C.D.R. Vol. 654, Pg. 471, a called 27.26 acre tract, recorded in
245245 the name of Marilyn Joyce Fuchs Knighten, under Grimes County
246246 Clerk's File (G.C.C.F.) No. 2022-326157, a called 99.95 acre Tract
247247 1, recorded in the name of Robert E. Fuchs, Jr., under G.C.D.R. Vol.
248248 1539, Pg. 785, a called 99.95 acre Tract 2, recorded in the name of
249249 Virginia Lynne Fuchs Winn, (N/K/A Virginia Lynne (Fuchs) Gantt,
250250 under G.C.D.R. Vol. 1539, Pg. 777, a called 8.467 acre tract,
251251 recorded in the name of Betty F. Swonke Fuchs (per Grimes County
252252 CAD) being a portion of said 99.95 acre Tract 2; said 557.61 acre
253253 tract being more particularly described by metes and bounds as
254254 follows (bearings based on the Texas Coordinate system of 1983,
255255 Central Zone, per TxDOT Right-Of-Way (R.O.W.) Plans for SH 249.):
256256 BEGINNING at the southeast corner of said 27.26 acre tract,
257257 the northeast corner of said 99.95 acre Tract 1, said point being on
258258 the west R.O.W. of FM 1774 (100' wide per TxDOT R.O.W. Plans for
259259 Project C-1400-2-1 dated May 1954);
260260 THENCE, with the line common to said 99.95 acre Tract 1, said
261261 99.95acre Tract 2, said 8.467 acre tract, and said FM 1774 R.O.W.,
262262 the following two (2) courses:
263263 1. South 07 degrees 41 minutes 42 seconds East, a distance
264264 of 961.76 feet to the southeast corner of said 99.95 acre Tract 1,
265265 and the northeast corner of said 99.95acre Tract 2, and an angle
266266 point;
267267 2. South 07 degrees 45 minutes 38 seconds East, a distance
268268 of 591.53 feet to the southeast corner of said 8.467 acre tract, and
269269 the northeast corner of a called 22 acre tract recorded in the name
270270 of Cobalt 201, Ltd., under G.C.C.F. No. 2020-306609, and an angle
271271 point;
272272 THENCE, along the line common to said 99.95 acre Tract 2, said
273273 8.467 acre tract, said 22 acre tract, a called 15.87 acre tract
274274 recorded in the name Marcus and Joyce Stewart, under G.C.D.R. Vol.
275275 1352, Pg. 636, and a called 17.00 acre tract recorded in the name
276276 Marcus and Joyce Stewart, under G.C.D.R. Vol. 1352, Pg. 648, a
277277 called 28.00 acre Tract B recorded in the name if Robert Earl Fuchs
278278 and Marilyn Joyce Fuchs Knighten, under G.C.D.R. Vol. 1445, Pg. 492
279279 and G.C.D.R. Vol. 304, Pg. 763, a called 12.5 acre tract (Second
280280 Tract) recorded in the name of Ruth Carraway Hughey, under G.C.D.R.
281281 Vol. 301, Pg. 151, a called 9.97 acre tract recorded in the name of
282282 Lucille Carraway Glass, under G.C.D.R. Vol. 1218, Pg. 374, the
283283 remainder of a called 40 acre tract recorded in the name of Lucille
284284 Carraway Glass, under G.C.D.R. Vol. 301, Pg. 158, and a called
285285 7.3418 acre tract recorded in the name of Alfred H. Jackson, under
286286 G.C.D.R. Vol. 650, Pg. 483, the following seven (7) courses:
287287 1. South 88 degrees 04 minutes 02 seconds West, a distance
288288 of 1890.70 feet to an angle point;
289289 2. South 02 degrees 14 minutes 33 seconds East, a distance
290290 of 1242.08 feet to an angle point;
291291 3. South 86 degrees 01 minutes 01 seconds West, a distance
292292 of 37.37 feet to an angle point;
293293 4. South 03 degrees 49 minutes 48 seconds East, a distance
294294 of 994.17 feet to an angle point;
295295 5. South 86 degrees 10 minutes 12 seconds West, a distance
296296 of 1229.80 feet to an angle point;
297297 6. North 03 degrees 39 minutes 33 seconds West, a distance
298298 of 135.56 feet to an angle point;
299299 7. South 85 degrees 46 minutes 43 seconds West, a distance
300300 of 388.83 feet to the most westerly southwest corner of said 99.95
301301 acre Tract 2, and the northwest corner of said 7.3418 acre tract,
302302 and being on the easterly line of a 125' wide Union Pacific Railroad
303303 (U.P.RR.) R.O.W., and an angle point;
304304 THENCE, along the line common to said 99.95 acre Tract 2, said
305305 99.95 acre Tract 1, said remainder of a 200 acre tract, said portion
306306 of the remainder of a 127.86 acre tract, and said U.P.RR. R.O.W.,
307307 the following fifteen (15) courses:
308308 1. North 16 degrees 59 minutes 29 seconds West, a distance
309309 of 1002.65 feet to the beginning of a curve to the left;
310310 2. 656.46 feet along the arc of said curve to the left having
311311 a radius of 2686.60 feet, a central angle of 14 degrees 00 minutes
312312 00 seconds and a chord that bears North 23 degrees 59 minutes 29
313313 seconds West, a distance of 654.83 feet to an angle point;
314314 3. North 30 degrees 59 minutes 32 seconds West, a distance
315315 of 449.44 feet to an angle point;
316316 4. North 31 degrees 02 minutes 01 seconds West, a distance
317317 of 1604.20 feet to an angle point;
318318 5. North 30 degrees 59 minutes 47 seconds West, a distance
319319 of 1888.14 feet to an angle point;
320320 6. North 29 degrees 43 minutes 53 seconds West, a distance
321321 of 40.44 feet to an angle point;
322322 7. North 27 degrees 56 minutes 18 seconds West, a distance
323323 of 97.89 feet to an angle point;
324324 8. North 25 degrees 41 minutes 00 seconds West, a distance
325325 of 98.52 feet to an angle point;
326326 9. North 22 degrees 51 minutes 54 seconds West, a distance
327327 of 98.39 feet to an angle point;
328328 10. North 20 degrees 04 minutes 20 seconds West, a distance
329329 of 98.32 feet to an angle point;
330330 11. North 17 degrees 22 minutes 53 seconds West, a distance
331331 of 98.19 feet to an angle point;
332332 12. North 15 degrees 04 minutes 56 seconds West, a distance
333333 of 98.69 feet to an angle point;
334334 13. North 13 degrees 43 minutes 23 seconds West, a distance
335335 of 98.15 feet to an angle point;
336336 14. North 12 degrees 56 minutes 31 seconds West, a distance
337337 of 54.81 feet to an angle point;
338338 15. North 12 degrees 46 minutes 28 seconds West, a distance
339339 of 880.82 feet to the intersection with the south R.O.W. of SH 249
340340 described as Parcel 340 in Third Amended Notice Of Lis Pendens
341341 recorded under G.C.C.F. 2019-301340;
342342 THENCE, along the line common to said south R.O.W. of SH 249
343343 (Parcel 340), said portion of the remainder of a 127.86 acre tract,
344344 said portion of the remainder of a 111.64 acre tract, said portion
345345 of the remainder of a 99.58 acre tract, said portion of the
346346 remainder of a 98.65 acre tract, said remainder of a 200 acre tract,
347347 and said 27.26 acre tract, the following fourteen (14) courses:
348348 1. North 88 degrees 55 minutes 06 seconds East, a distance
349349 of 922.68 feet to the beginning of a curve to the right;
350350 2. 450.81 feet along the arc of said curve to the left having
351351 a radius of 3835.00 feet, a central angle of 06 degrees 44 minutes
352352 07 seconds and a chord that bears South 71 degrees 53 minutes 23
353353 seconds East, a distance of 450.55 feet to an angle point;
354354 3. South 68 degrees 31 minutes 20 seconds East, a distance
355355 of 574.68 feet to the beginning of a curve to the left;
356356 4. 104.17 feet along the arc of said curve to the left having
357357 a radius of 4725.00 feet, a central angle of 01 degrees 15 minutes
358358 48 seconds and a chord that bears South 69 degrees 09 minutes 14
359359 seconds East, a distance of 104.17 feet to an angle point;
360360 5. South 00 degrees 44 minutes 04 seconds West, a distance
361361 of 27.32 feet to the beginning of a curve to the left;
362362 6. 579.05 feet along the arc of said curve to the left having
363363 a radius of 4750.77 feet, a central angle of 06 degrees 59 minutes
364364 01 seconds and a chord that bears South 73 degrees 23 minutes 13
365365 seconds East, a distance of 578.69 feet to an angle point;
366366 7. North 72 degrees 12 minutes 09 seconds East, a distance
367367 of 50.54 feet to the beginning of a curve to the left;
368368 8. 540.05 feet along the arc of said curve to the left having
369369 a radius of 4725.00 feet, a central angle of 06 degrees 32 minutes
370370 55 seconds and a chord that bears South 80 degrees 40 minutes 44
371371 seconds East, a distance of 539.76 feet to an angle point;
372372 9. South 83 degrees 57 minutes 11 seconds East, a distance
373373 of 1586.77 feet to an angle point;
374374 10. South 61 degrees 15 minutes 03 seconds East, a distance
375375 of 64.78 feet to an angle point;
376376 11. South 83 degrees 57 minutes 11 seconds East, a distance
377377 of 1245.89 feet to an angle point;
378378 12. South 45 degrees 34 minutes 53 seconds East, a distance
379379 of 76.09 feet to an angle point;
380380 13. South 07 degrees 16 minutes 02 seconds East, a distance
381381 of 410.48 feet to the north line of said 27.26 acre tract;
382382 14. North 82 degrees 43 minutes 58 seconds East, a distance
383383 of 10.00 feet to the northeast corner of said 27.26 acre tract,
384384 being on said west R.O.W. of FM 1774;
385385 THENCE, along the line common to said 27.26 acre tract, and
386386 said west R.O.W. of FM 1774, South 07 degrees 44 minutes 19 seconds
387387 East, a distance of 1299.80 feet to the POINT OF BEGINNING and
388388 containing 557.61 acres of land.
389389 Save and Except the following 18.97 acre tract of land:
390390 Being a tract of land containing 18.97 acres (826,327 square
391391 feet), located in the E.T. Estis Survey, A-194 in Grimes County,
392392 Texas; Said 18.97 acre tract being all of an 11.225 acre tract
393393 recorded in the name of Joseph Blake Maywald, Jr., under Grimes
394394 County Deed Record (G.C.D.R.) Vol. 968, Pg. 415, and all of a 7.752
395395 acre tract recorded in the name of Patricia Maywald Bradbury, under
396396 G.C.D.R. Vol. 968, Pg. 423; said 18.97 acre tract being more
397397 particularly described by metes and bounds as follows; bearings
398398 based on the Texas Coordinate system of 1983, Central Zone, per
399399 TxDOT Right-Of-Way (R.O.W.) Plans for SH 249.):
400400 COMMENCING at the southeast corner of a called 27.26 acre
401401 tract, recorded in the name of Marilyn Joyce Fuchs Knighten, under
402402 Grimes County Clerk's File (G.C.C.F.) No. 2022-326157, the
403403 northeast corner of a called 99.95 acre Tract 1 recorded, in the
404404 name of Robert E. Fuchs, under G.C.D.R. Vol. 1539, Pg. 785, said
405405 point being on the west R.O.W. of FM 1774 (100' wide per TxDOT
406406 R.O.W. Plans for Project C-1400-2-1 dated May 1954);
407407 THENCE, along the line common to said 27.26 acre tract, and
408408 said 99.95 acre Tract 1, South 84 degrees 08 minutes 27 seconds
409409 West, a distance of 917.54 feet to the most southerly southeast
410410 corner of a called 200 acre tract, recorded in the name of Marilyn
411411 Joyce Fuchs Knighten, under G.C.D.R. Vol. 654, Pg. 471;
412412 THENCE, through and across said 99.95 acre Tract 1, South 06
413413 degrees 17 minutes 47 seconds East, a distance of 207.49 feet to the
414414 northeast corner of said 7.752 acre tract, and the POINT OF
415415 BEGINNING;
416416 THENCE, along the line common to said 7.752 acre tract, said
417417 11.225 acre tract, and said 99.95 acre Tract 1, the following four
418418 (4) courses:
419419 1. South 06 degrees 17 minutes 47 seconds East, a distance
420420 of 633.09 feet to the southeast corner of said 7.752 acre tract, and
421421 an angle point;
422422 2. South 86 degrees 27 minutes 13 seconds West, a distance
423423 of 1320.97 feet to the southwest corner of said 11.225 acre tract,
424424 and an angle point;
425425 3. North 03 degrees 30 minutes 34 seconds West, a distance
426426 of 633.49 feet to the northwest corner of said 11.225 acre tract,
427427 and an angle point;
428428 4. North 86 degrees 30 minutes 13 seconds East, a distance
429429 of 1290.19 feet, to the POINT OF BEGINNING and containing 18.97
430430 acres of land.
431431 TRACT 2: 313.79 acres
432432 Being a tract of land containing 313.79 acres (13,668,645
433433 square feet), located in the Blake Brantley Survey, A-104, the Gwyn
434434 Morrison Survey, A-357, the Edley Montgomery Survey, A-355, in
435435 Grimes County, Texas; Said 313.79 acre tract being out of portion of
436436 the remainder of a called 127.86 acre tract, recorded in the name of
437437 SH 249 Development IV, LLC, under Grimes County Deed Record
438438 (G.C.D.R.) Vol. 1727, Pg. 349, and a portion of the remainder of a
439439 called 111.64 acre tract, recorded in the name of SH 249 Development
440440 III, LLC, under G.C.D.R. Vol. 1727, Pg. 331, and a portion of the
441441 remainder of a called 99.58 acre tract, recorded in the name of SH
442442 249 Development II, LLC, under G.C.D.R. Vol. 1727, Pg. 337, and a
443443 portion of the remainder of a called 98.65 acre tract, recorded in
444444 the name of SH 249 Development I, LLC, under G.C.D.R. Vol. 1727, Pg.
445445 343, the remainder of a called 15.54 acre tract, recorded in the
446446 name of Marilyn J. Knighten, Et. Al., under Grimes County Clerk's
447447 File (G.C.C.F.) No. 2022-326155, a called 13.82 acre tract being a
448448 portion of the remainder of a called 1196.3 acre tract recorded in
449449 the name of Marilyn Joyce Fuchs Knighten, under G.C.D.R. Vol. 227,
450450 Pg. 177, and a portion of a Save & Except Tract recorded in G.C.D.R.
451451 Vol. 654, Pg. 471, and a called 14.33 acre tract recorded in the
452452 name of Marilyn J. Knighten, Et. Al., under G.C.C.F.
453453 No. 2022-326156; said 313.79 acre tract being more particularly
454454 described by metes and bounds as follows (bearings based on the
455455 Texas Coordinate system of 1983, Central Zone, per TxDOT
456456 Right-Of-Way (R.O.W.) Plans for SH 249.):
457457 BEGINNING at the northeast corner of said 98.65 acre tract,
458458 and the northwest corner of a called 118.18 acre tract, recorded in
459459 the name of Abdul Aziz Al-Herqan, under G.C.D.R. Vol. 468, Pg. 358;
460460 THENCE, with the line common to said 98.65 acre tract, said
461461 118.18 acre tract, said 15.54 acre tract, said 13.82 acre tract,
462462 said remainder of a called 1196.3 acre tract, and said 14.33 acre
463463 tract, the following five (5) courses:
464464 1. South 04 degrees 13 minutes 17 seconds East, a distance
465465 of 2894.79 feet to the southwest corner of said 118.18 acre tract,
466466 and the northwest corner of said 15.54 acre tract, and an angle
467467 point;
468468 2. North 87 degrees 26 minutes 05 seconds East, a distance
469469 of 1654.01 feet to an angle point;
470470 3. South 86 degrees 27 minutes 55 seconds East, a distance
471471 of 135.00 feet to an angle point;
472472 4. South 68 degrees 12 minutes 55 seconds East, a distance
473473 of 100.50 feet to an angle point;
474474 5. South 58 degrees 45 minutes 55 seconds East, a distance
475475 of 307.70 feet to the west Right-Of-Way (R.O.W.) of FM 1774 (100'
476476 wide per TxDOT R.O.W. Plans for Project C-1400-2-1 dated May 1954),
477477 and an angle point;
478478 THENCE, along the line common to said 14.33 acre tract, and
479479 said west R.O.W. of FM 1774, the following two (2) courses:
480480 1. South 00 degrees 09 minutes 55 seconds East, a distance
481481 of 256.75 feet to an angle point;
482482 2. South 01 degrees 34 minutes 37 seconds East, a distance
483483 of 78.24 feet to the southeast corner of said 14.33 acre tract, and
484484 the beginning of a No Access line for SH 249 described as Parcel 300
485485 (Part 1) in an Agreed Final Judgement recorded under G.C.C.F.
486486 2021-318166, and an angle point;
487487 THENCE, along the line common to said 14.33 acre tract, said
488488 remainder of a called 1196.3 acre tract, a portion of said remainder
489489 of a called 15.54 acre tract, said portion of the remainder of a
490490 98.65 acre tract, and said No Access line for SH 249, and a portion
491491 of the No Access line for SH 249 described as Parcel 340 in Third
492492 Amended Notice Of Lis Pendens recorded under G.C.C.F. 2019-301340,
493493 the following four (4) courses:
494494 1. North 86 degrees 58 minutes 40 seconds West, a distance
495495 of 10.00 feet to the northeast corner of said remainder of a called
496496 1196.3 acre tract, being the beginning of a non-tangent curve to the
497497 left;
498498 2. 353.73 feet along the arc of said curve to the left having
499499 a radius of 1969.84 feet, a central angle of 10 degrees 17 minutes
500500 20 seconds and a chord that bears South 02 degrees 07 minutes 12
501501 seconds East, a distance of 353.26 feet to an angle point;
502502 3. South 07 degrees 16 minutes 02 seconds East, a distance
503503 of 39.97 feet to an angle point;
504504 4. South 44 degrees 25 minutes 07 seconds West, a distance
505505 of 59.60 feet to the north R.O.W. of SH 249, as described in said
506506 Parcel 340, and as described in said Parcel 300 (Part 2), and an
507507 angle point;
508508 THENCE, along the line common to said north R.O.W. of SH 249,
509509 as described in said Parcel 340 and as described in said Parcel 300
510510 (Part 2), said portion of the remainder of a 127.86 acre tract, said
511511 portion of the remainder of a 111.64 acre tract, said portion of the
512512 remainder of a 99.58 acre tract, said portion of the remainder of a
513513 98.65 acre tract, said portion a remainder of a 15.54 acre tract,
514514 and said remainder of a called 1196.3 acre tract, the following
515515 eight (8) courses:
516516 1. North 83 degrees 53 minutes 11 seconds West, a distance
517517 of 1709.42 feet to an angle point;
518518 2. South 69 degrees 41 minutes 06 seconds West, a distance
519519 of 60.78 feet to an angle point;
520520 3. North 83 degrees 57 minutes 11 seconds West, a distance
521521 of 1034.30 feet to the beginning of a curve to the right;
522522 4. 1178.28 feet along the arc of said curve to the left
523523 having a radius of 4375.00 feet, a central angle of 15 degrees 25
524524 minutes 51 seconds and a chord that bears North 76 degrees 14
525525 minutes 16 seconds West, a distance of 1174.72 feet to an angle
526526 point;
527527 5. North 68 degrees 31 minutes 20 seconds West, a distance
528528 of 574.68 feet to the beginning of a curve to the left;
529529 6. 853.80 feet along the arc of said curve to the left having
530530 a radius of 4185.00 feet, a central angle of 11 degrees 41 minutes
531531 21 seconds and a chord that bears North 74 degrees 22 minutes 00
532532 seconds West, a distance of 852.32 feet to an angle point;
533533 7. North 74 degrees 05 minutes 25 seconds West, a distance
534534 of 322.83 feet to an angle point;
535535 8. North 80 degrees 03 minutes 54 seconds West, a distance
536536 of 492.47 feet to the intersection with the easterly line of a 125'
537537 wide Union Pacific Railroad (U.P.RR.) R.O.W., and an angle point;
538538 THENCE, along the line common to said U.P.RR. R.O.W., and
539539 said portion of the remainder of a 127.86 acre tract, the following
540540 eleven (11) courses:
541541 1. North 12 degrees 46 minutes 28 seconds West, a distance
542542 of 1305.09 feet to an angle point;
543543 2. North 12 degrees 54 minutes 02 seconds West, a distance
544544 of 57.58 feet to an angle point;
545545 3. North 13 degrees 26 minutes 26 seconds West, a distance
546546 of 97.28 feet to an angle point;
547547 4. North 14 degrees 23 minutes 45 seconds West, a distance
548548 of 96.86 feet to an angle point;
549549 5. North 15 degrees 50 minutes 20 seconds West, a distance
550550 of 98.90 feet to an angle point;
551551 6. North 17 degrees 33 minutes 16 seconds West, a distance
552552 of 96.98 feet to an angle point;
553553 7. North 19 degrees 38 minutes 05 seconds West, a distance
554554 of 94.13 feet to an angle point;
555555 8. North 22 degrees 01 minutes 54 seconds West, a distance
556556 of 101.63 feet to an angle point;
557557 9. North 25 degrees 10 minutes 43 seconds West, a distance
558558 of 101.28 feet to an angle point;
559559 10. North 28 degrees 18 minutes 56 seconds West, a distance
560560 of 87.11 feet to an angle point;
561561 11. North 29 degrees 44 minutes 22 seconds West, a distance
562562 of 58.52 feet to the northeast corner of said 127.86 acre tract,
563563 being the southwest corner of a called 61.00 acre tract recorded in
564564 the name of Thomas Sanford, under G.C.D.R. Vol. 1445, Pg. 554, and
565565 an angle point:
566566 THENCE, along the line common to said portion of the
567567 remainder of a 127.86 acre tract, said portion of the remainder of a
568568 111.64 acre tract, said portion of the remainder of a 99.58 acre
569569 tract, said portion of the remainder of a 98.65 acre tract, said
570570 61.00 acre tract, and a called 85.52 acre tract recorded in the name
571571 of Paul H. Miller and Jennifer H. Miller, under G.C.D.R. Vol. 1385,
572572 Pg. 770, the following two (2) courses:
573573 1. North 83 degrees 00 minutes 50 seconds East, a distance
574574 of 4056.21 feet to an angle point;
575575 2. North 85 degrees 31 minutes 22 seconds East, a distance
576576 of 313.85 feet to the POINT OF BEGINNING and containing 313.79 acres
577577 of land.
578578 SECTION 3. (a) The legal notice of the intention to
579579 introduce this Act, setting forth the general substance of this
580580 Act, has been published as provided by law, and the notice and a
581581 copy of this Act have been furnished to all persons, agencies,
582582 officials, or entities to which they are required to be furnished
583583 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
584584 Government Code.
585585 (b) The governor, one of the required recipients, has
586586 submitted the notice and Act to the Texas Commission on
587587 Environmental Quality.
588588 (c) The Texas Commission on Environmental Quality has filed
589589 its recommendations relating to this Act with the governor, the
590590 lieutenant governor, and the speaker of the house of
591591 representatives within the required time.
592592 (d) All requirements of the constitution and laws of this
593593 state and the rules and procedures of the legislature with respect
594594 to the notice, introduction, and passage of this Act are fulfilled
595595 and accomplished.
596596 SECTION 4. (a) If this Act does not receive a two-thirds
597597 vote of all the members elected to each house, Subchapter C, Chapter
598598 7878A, Special District Local Laws Code, as added by Section 1 of
599599 this Act, is amended by adding Section 7878A.0307 to read as
600600 follows:
601601 Sec. 7878A.0307. NO EMINENT DOMAIN POWER. The district may
602602 not exercise the power of eminent domain.
603603 (b) This section is not intended to be an expression of a
604604 legislative interpretation of the requirements of Section 17(c),
605605 Article I, Texas Constitution.
606606 SECTION 5. This Act takes effect immediately if it receives
607607 a vote of two-thirds of all the members elected to each house, as
608608 provided by Section 39, Article III, Texas Constitution. If this
609609 Act does not receive the vote necessary for immediate effect, this
610610 Act takes effect September 1, 2023.
611611 ______________________________ ______________________________
612612 President of the Senate Speaker of the House
613613 I certify that H.B. No. 5366 was passed by the House on May 2,
614614 2023, by the following vote: Yeas 107, Nays 38, 2 present, not
615615 voting.
616616 ______________________________
617617 Chief Clerk of the House
618618 I certify that H.B. No. 5366 was passed by the Senate on May
619619 17, 2023, by the following vote: Yeas 27, Nays 4.
620620 ______________________________
621621 Secretary of the Senate
622622 APPROVED: _____________________
623623 Date
624624 _____________________
625625 Governor