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Texas Senate Bill SB2600

Texas 2023 - 88th Regular

Texas Senate Bill SB2600 Compare Versions

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11 S.B. No. 2600
22
33
44 AN ACT
55 relating to the creation of the Firefly Municipal Utility District
66 No. 1; granting a limited power of eminent domain; providing
77 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 7985A to read as follows:
1212 CHAPTER 7985A. FIREFLY MUNICIPAL UTILITY DISTRICT NO. 1
1313 SUBCHAPTER A. GENERAL PROVISIONS
1414 Sec. 7985A.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 Firefly Municipal Utility
2020 District No. 1.
2121 Sec. 7985A.0102. NATURE OF DISTRICT. The district is a
2222 municipal utility district created under Section 59, Article XVI,
2323 Texas Constitution.
2424 Sec. 7985A.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. 7985A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
2929 temporary directors may not hold an election under Section
3030 7985A.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. 7985A.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. 7985A.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. 7985A.0201. GOVERNING BODY; TERMS. (a) The district
5959 is governed by a board of five elected directors.
6060 (b) Except as provided by Section 7985A.0202, directors
6161 serve staggered four-year terms.
6262 Sec. 7985A.0202. TEMPORARY DIRECTORS. (a) The temporary
6363 board consists of:
6464 (1) Mike Terechenok;
6565 (2) Bryan D. Kinsler;
6666 (3) Donnie Reed;
6767 (4) Walker French; and
6868 (5) Mark C. Hodges.
6969 (b) Temporary directors serve until the earlier of:
7070 (1) the date permanent directors are elected under
7171 Section 7985A.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 7985A.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 7985A.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. 7985A.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. 7985A.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. 7985A.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. 7985A.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. 7985A.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. 7985A.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 shall:
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 to confirm the
141141 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 the
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.
158158 (j) If the creation of the new district is confirmed, the
159159 new district shall provide the election date and results to the
160160 commission.
161161 (k) A new district created by the division of the district
162162 must hold an election as required by this chapter to obtain voter
163163 approval before the district may impose a maintenance tax or issue
164164 bonds payable wholly or partly from ad valorem taxes.
165165 (l) The district may continue to rely on confirmation,
166166 directors', bond, or tax elections held prior to the division.
167167 (m) Municipal consent to the creation of the district and to
168168 the inclusion of land in the district acts as municipal consent to
169169 the creation of any new district created by the division of the
170170 district and to the inclusion of land in the new district.
171171 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
172172 Sec. 7985A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
173173 The district may issue, without an election, bonds and other
174174 obligations secured by:
175175 (1) revenue other than ad valorem taxes; or
176176 (2) contract payments described by Section
177177 7985A.0403.
178178 (b) The district must hold an election in the manner
179179 provided by Chapters 49 and 54, Water Code, to obtain voter approval
180180 before the district may impose an ad valorem tax or issue bonds
181181 payable from ad valorem taxes.
182182 (c) The district may not issue bonds payable from ad valorem
183183 taxes to finance a road project unless the issuance is approved by a
184184 vote of a two-thirds majority of the district voters voting at an
185185 election held for that purpose.
186186 Sec. 7985A.0402. OPERATION AND MAINTENANCE TAX. (a) If
187187 authorized at an election held under Section 7985A.0401, the
188188 district may impose an operation and maintenance tax on taxable
189189 property in the district in accordance with Section 49.107, Water
190190 Code.
191191 (b) The board shall determine the tax rate. The rate may not
192192 exceed the rate approved at the election.
193193 Sec. 7985A.0403. CONTRACT TAXES. (a) In accordance with
194194 Section 49.108, Water Code, the district may impose a tax other than
195195 an operation and maintenance tax and use the revenue derived from
196196 the tax to make payments under a contract after the provisions of
197197 the contract have been approved by a majority of the district voters
198198 voting at an election held for that purpose.
199199 (b) A contract approved by the district voters may contain a
200200 provision stating that the contract may be modified or amended by
201201 the board without further voter approval.
202202 SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
203203 Sec. 7985A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
204204 OBLIGATIONS. The district may issue bonds or other obligations
205205 payable wholly or partly from ad valorem taxes, impact fees,
206206 revenue, contract payments, grants, or other district money, or any
207207 combination of those sources, to pay for any authorized district
208208 purpose.
209209 Sec. 7985A.0502. TAXES FOR BONDS. At the time the district
210210 issues bonds payable wholly or partly from ad valorem taxes, the
211211 board shall provide for the annual imposition of a continuing
212212 direct ad valorem tax, without limit as to rate or amount, while all
213213 or part of the bonds are outstanding as required and in the manner
214214 provided by Sections 54.601 and 54.602, Water Code.
215215 Sec. 7985A.0503. BONDS FOR ROAD PROJECTS. At the time of
216216 issuance, the total principal amount of bonds or other obligations
217217 issued or incurred to finance road projects and payable from ad
218218 valorem taxes may not exceed one-fourth of the assessed value of the
219219 real property in the district.
220220 SECTION 2. The Firefly Municipal Utility District No. 1
221221 initially includes all the territory contained in the following
222222 area:
223223 A METES & BOUNDS description of a calculated 2,454 acre tract
224224 of land situated in the Walker County School Land Survey, Abstract
225225 No. 494, the Michael H. Hinch Survey, Abstract No. 253, and the
226226 Presley Gill Survey, Abstract No. 230, in Montgomery County, Texas,
227227 being all of a calculated 2,540 acre tract (Tract 1), being a
228228 portion of a called 3,045.032 acre tract conveyed to East
229229 Montgomery Acquisition Company LLC, a Texas limited liability
230230 company, by deed recorded in Clerk's File No. 2021177868,
231231 Montgomery County Official Public Records, being all of a called
232232 5.00 acre tract conveyed to East Montgomery Acquisition Company
233233 LLC, a Texas limited liability company, by deed recorded in Clerk's
234234 File No. 2021177867, Montgomery County Official Public Records,
235235 and being all of a called 4.709 acre tract conveyed to East
236236 Montgomery Acquisition Company LLC, a Texas limited liability
237237 company, by deed recorded in Clerk's File No. 2023003933,
238238 Montgomery County Official Public Records, save and except a
239239 calculated 20.720 acre tract (Tract 2), being all of called Tract
240240 Nos. Thirty-Five (35) and Forty-Three (43), of Section 4 of
241241 Security Subdivision according to the plat thereof recorded in
242242 Volume 1, Page 23, Montgomery County Deed Records, conveyed to John
243243 Schneider by deed recorded in Volume 85, Page 230, Montgomery
244244 County Deed Records, and being all of called Tract Nos. Fifty-One
245245 (51) and Fifty-Nine (59), of Section 4 of Security Subdivision
246246 according to the plat thereof recorded in Volume 1, Page 23,
247247 Montgomery County Deed Records, conveyed to Rita S. Wolven and
248248 Margy A. Long by deed recorded in Clerk's File No. 9534020,
249249 Montgomery County Official Public Records of Real Property, save
250250 and except a calculated 10.087 acre tract (Tract 3), being all of
251251 called Tract Nos. Seventy (70) and Seventy-Eight (78), of Section 4
252252 of Security Subdivision according to the plat thereof recorded in
253253 Volume 1, Page 23, Montgomery County Deed Records, conveyed to
254254 Eleanore Triplett by deed recorded in Clerk's File No. 7930998,
255255 Montgomery County Deed Records, save and except a calculated 20.02
256256 acre tract (Tract 4), being all of a called 10.0 acre tract conveyed
257257 to Splendora Independent School District by deed recorded in
258258 Clerk's File No. 2013090370, Montgomery County Official Public
259259 Records, and being all of called 10.0 acre tract conveyed to Jack W.
260260 Mayo, Jr. by deed recorded in Clerk's File No. 7829854, Montgomery
261261 County Official Public Records of Real Property, save and except a
262262 calculated 10.000 acre tract (Tract 5), being all of called Tract
263263 Numbers (114) and (122), of Section 4 of Security Subdivision
264264 according to the plat thereof recorded in Volume 1, Page 23,
265265 Montgomery County Deed Records, conveyed to Dana Lynn Sprayberry by
266266 deed recorded in Clerk's File No. 2000-072045, Montgomery County
267267 Official Public Records of Real Property, save and except a
268268 calculated 10.00 acre tract (Tract 6), being all of called Tract
269269 Twenty-Two (22), of Section 5 of Security Subdivision according to
270270 the plat thereof recorded in Volume 1, Page 23, Montgomery County
271271 Deed Records, conveyed to John F. Darst by deed recorded in Clerk's
272272 File No. 2014005435, Montgomery County Official Public Records,
273273 save and except a calculated 10.05 acre tract (Tract 7), being all
274274 of called Lots One (1) and Two (2), of Section 6 of Security
275275 Subdivision according to the plat thereof recorded in Volume 1,
276276 Page 23, Montgomery County Deed Records, conveyed to Milton Howard
277277 Sands, Jr. by deed recorded in Clerk's File No. 8842100, Montgomery
278278 County Official Public Records of Real Property, and save and
279279 except a calculated 5.009 acre tract (Tract 8), being all of a
280280 called 5.000 acre tract conveyed to Bill Ellison by deed recorded in
281281 Clerk's File No. 2018004658, Montgomery County Official Public
282282 Records; said calculated 2,454 acre tract of land being more
283283 particularly described in eight parts as follows:
284284 TRACT 1:
285285 A METES & BOUNDS description of a certain 2,540 acre
286286 (110,650,140 square feet) tract of land situated in the Walker
287287 County School Land Survey, Abstract No. 494, the Michael H. Hinch
288288 Survey, Abstract No. 253, and the Presley Gill Survey, Abstract
289289 No. 230, in Montgomery County, Texas, being a portion of a called
290290 3,045.032 acre tract conveyed to East Montgomery Acquisition
291291 Company LLC, a Texas limited liability company, by deed recorded in
292292 Clerk's File No. 2021177868, Montgomery County Official Public
293293 Records, being all of a called 5.00 acre tract conveyed to East
294294 Montgomery Acquisition Company LLC, a Texas limited liability
295295 company, by deed recorded in Clerk's File No. 2021177867,
296296 Montgomery County Official Public Records, and being all of a
297297 called 4.709 acre tract conveyed to East Montgomery Acquisition
298298 Company LLC, a Texas limited liability company, by deed recorded in
299299 Clerk's File No. 2023003933, Montgomery County Official Public
300300 Records; said 2,540 acre (110,650,140 square feet) tract of land
301301 being more particularly described as follows with all bearings
302302 being based on said deed recorded in Clerk's File No. 2021177868,
303303 Montgomery County Official Public Records:
304304 BEGINNING at the southeast corner of that certain tract
305305 described in instrument to Shirley Gay, recorded under Clerk's File
306306 Number 8121692, Real Property Records of Montgomery County, Texas
307307 (R.P.R.M.C.T.);
308308 THENCE South 03°11'09" East, 959.24 feet, with the apparent
309309 common line between said Hinch Survey and the Presley Gill Survey,
310310 Abstract Number 230, the westerly line of that certain called 20.00
311311 acre tract described in instrument to Henry A. Butcher, recorded
312312 under Clerk's File Number 2003068544, Official Public Records of
313313 Montgomery County, Texas (O.P.R.M.C.T.) and the remainder of that
314314 certain called 20.00 acre tract described in instrument to George
315315 Anthony Cleary, recorded under Clerk's File No. 2010043083,
316316 O.P.R.M.C.T., common to an easterly line of that certain 2,396.371
317317 acre tract described as "Parcel 2, Tract 2" in instrument to
318318 Atakapa, LLC., recorded under Clerk's File Number 2013016070
319319 (O.P.R.M.C.T.), to a point for the common westerly corner of that
320320 certain called 1711.54 acre tract described as "Tract 1" in
321321 instrument to Atakapa, LLC., recorded under Clerk's File Number
322322 2013016070 (O.P.R.M.C.T.) and the remainder of said Cleary 20.00
323323 acre tract, being an interior corner of said 3045.032 acre tract;
324324 THENCE North 86°40'19" East, with the common line between said
325325 Tract 1 and the remainder of said Cleary 20.00 acre tract, 1321.82
326326 feet, to a point in the approximate centerline of Daw Collins Road
327327 for the northerly northeast corner of said Tract 1, being a
328328 northeasterly corner of said 3045.032 acre tract;
329329 THENCE South 20°15'23" West, 6489.04 feet, with the
330330 approximate centerline of said Daw Collins Road, a southeasterly
331331 line of said Tract 1, to a point in the approximate centerline of
332332 said Daw Collins Road for a southeasterly corner of said Tract 1 and
333333 said 3045.032 acre tract;
334334 THENCE with the common line between said Parcel 2, Tract 2,
335335 that certain called 2.3540 acre tract described as "Tract 5", that
336336 certain called 2.3540 acre tract described as "Tract 1", that
337337 certain called 3.531 acre tract described as "Tract 4", that
338338 certain called 3.531 acre tract described as "Tract 3", all in
339339 instrument to Willene Wells, recorded under Clerk's File Number
340340 2020102236, O.P.R.M.C.T., that certain called 5.37 acre tract
341341 described in instrument to Tony M. Nelson and Colleen O. Nelson,
342342 recorded under Clerk's File Number 8616675, R.P.R.M.C.T., that
343343 certain called 1.6695 acre tract described in instrument to David
344344 Michael Fortson, recorded under Clerk's File Number 2002-058180,
345345 O.P.R.M.C.T., that certain called 2 acre tract described in
346346 instrument to Robert G. Wear, recorded under Clerk's File Number
347347 2013101034, O.P.R.M.C.T., that certain called 0.771 acre tract
348348 described in instrument to David Lippoldt and Kanwal Ghaznavi,
349349 recorded under Clerk's File Number 2021079078, O.P.R.M.C.T., that
350350 certain called 2 acre tract described in instrument to Kristina Ann
351351 Wear, recorded under Clerk's File Number 2018085170, O.P.R.M.C.T.,
352352 that certain called 5.01 acre tract described as "Tract One", that
353353 certain called 7.39 acre tract described as "Tract Two", both in
354354 instrument to Stanley Maurice Wiggins, recorded under Clerk's File
355355 Number 2006-009852, O.P.R.M.C.T., that certain called 5.462 acre
356356 tract described in instrument to Walter R. Ritchie and Sheri L.
357357 Ritchie, recorded under Clerk's File Number 99102906,
358358 R.P.R.M.C.T., that certain called 5.315 acre tract described as
359359 "Tract One" in instrument to Ronald D. Dacus, Jr., and Stephanie E.
360360 Dacus, recorded under Clerk's File Number 2014006911,
361361 O.P.R.M.C.T., that certain called 5.315 acre tract described in
362362 instrument to Steven Hansen, recorded under Clerk's File Number
363363 9148377, R.P.R.M.C.T., that certain called 5.315 acre tract
364364 described in instrument to Steve Hansen and Tracy Hansen, recorded
365365 under Clerk's File Number 2001-031281, O.P.R.M.C.T., that certain
366366 called 5.310 acre tract described in instrument to Steven Hansen
367367 and Becky Hansen, recorded under Clerk's File Number 2016068815,
368368 O.P.R.M.C.T., that certain called 5.2970 acre tract described in
369369 instrument to Benjamin E. Pope and Angelina M. Pope, recorded under
370370 Clerk's File Number 2016092968, O.P.R.M.C.T., that certain called
371371 3.2957 acre tract described in instrument to Douglas A. Hansen and
372372 Kimberly S. Hansen, recorded under Clerk's File Number 2008-091402,
373373 O.P.R.M.C.T., that certain called 11.0415 acre tract described in
374374 instrument to Douglas Alan Hansen and Kimberly Suzanne Hansen,
375375 recorded under Clerk's File Number 9657453, R.P.R.M.C.T., that
376376 certain called 2.008 acre tract described in instrument to Douglas
377377 A. Hansen and Kimberly S. Hansen, recorded under Clerk's File
378378 Number 2015035058, O.P.R.M.C.T., that certain called 10.697 acre
379379 tract described in instrument to Douglas A. Hansen and Kimberly S.
380380 Hansen, recorded under Clerk's File Number 2016094339,
381381 O.P.R.M.C.T., that certain called 10.78 acre tract described in
382382 instrument to Gerald Lloyd Helms and Robin Lynn Helms, recorded
383383 under Clerk's File Number 2006-009851, O.P.R.M.C.T., that certain
384384 called 4.7941 acre tract described as "Tract One" in instrument to
385385 James A. Boucher and Dorothy S. Boucher, recorded under Clerk's
386386 File Number 2002-126807, O.P.R.M.C.T., that certain called 2.3936
387387 acre tract described in said instrument to James A. Boucher and
388388 Dorothy S. Boucher, that certain called 1.0028 acre tract described
389389 in instrument to James Boucher, recorded under Clerk's File Number
390390 2019016786, O.P.R.M.C.T., the remainder of that certain called
391391 4.7941 acre tract described as "Tract One" in instrument to Rodney
392392 Powdrill and Dina Powdrill, recorded under Clerk's File Number
393393 2018055271, O.P.R.M.C.T., and that certain called 4.7508 acre tract
394394 described in instrument to Rodney Wayne Powdrill and Dina Powdrill,
395395 recorded under Clerk's File Number 2015007986, O.P.R.M.C.T., the
396396 following seventeen (17) courses and distances:
397397 1. North 01°45'36" East, 1181.57 feet, to a point;
398398 2. South 86°39'31" West, 859.21 feet, to a point;
399399 3. North 11°14'50" West, 752.34 feet, to a point;
400400 4. South 87°11'19" West, 670.34 feet, to a point;
401401 5. North 11°12'20" West, 1400.01 feet, exiting said Carter Road, to
402402 a point in the apparent common line between said Hinch Survey and
403403 said Walker County School Land Survey;
404404 6. South 86°28'52" West, 1197.12 feet, with the apparent common
405405 line between said Hinch Survey and said Walker County School Land
406406 Survey, to a point;
407407 7. South 11°01'57" East, 946.88 feet, to a point;
408408 8. South 86°52'25" West 1199.49 feet, to a point;
409409 9. South 11°13'53" East, 1467.15 feet, to a point;
410410 10. North 87'00'43" East, 1203.44 feet, to a point;
411411 11. North 11°22'57" West, 466.67 feet, to a point;
412412 12. North 86'56'12" East, 890.38 feet, to a point;
413413 13. South 10°59'48" East, 561.21 feet, to a point;
414414 14. South 10°39'32" East, 251.55 feet, to a point;
415415 15. South 66°20'03" East, 632.93 feet, to a point;
416416 16. South 02°06'01" West, 1251.39 feet, to a point;
417417 17. North 86°47'51" East, 908.92 feet, to a point in the
418418 approximate centerline of said Daw Collins Road for a northeasterly
419419 corner of said Atakapa Tract 1 and said 3045.032 acre tract;
420420 THENCE South 13"58'35" West, 536.27 feet, with the
421421 approximate centerline of said Daw Collins Road, an easterly line
422422 of said Atakapa Tract 1, to a point;
423423 THENCE South 15°06'43" West, 693.00 feet, continuing with the
424424 approximate centerline of said Daw Collins Road, an easterly line
425425 of said Atakapa Tract 1, to a point at the intersection of the
426426 approximate centerline of said Daw Collins Road with the
427427 approximate centerline of farm to Market Road 2090 (F.M. 2090, 100
428428 feet wide), in the arc of a curve to the left, for a southeasterly
429429 corner of said Atakapa Tract 1 and said 3045.032 acre tract;
430430 THENCE in a southwesterly direction, with the approximate
431431 centerline of said F.M. 2090, a southeasterly line of said Atakapa
432432 Tract 1, the following two (2) courses and distances:
433433 1. Westerly, 562.92 feet with the arc of said curve to the left
434434 having a radius of 1432.39 feet, a central angle of 22°31'00", a
435435 chord that bears South 89°14'24" West, 559.30 feet, to a point for
436436 the end of said curve;
437437 2. South 77°58'54" West, 963.96 feet, to a point for the beginning
438438 of a curve to the left;
439439 THENCE, North 36°07'25" West, 878.19 feet to a point;
440440 THENCE, North 36°11'26" West, 20.26 feet to a point;
441441 THENCE, North 38°07'57" West, 159.93 feet to a point, on the
442442 west line of that certain called 32.00 acre tract described in
443443 instrument to American Tower Asset Sub, LLC., recorded under
444444 Clerk's File Number 2008-003741, O.P.R.M.C.T.;
445445 THENCE, North 47°18'57" East, 733.05 feet to a point, being
446446 the northeast corner of said 32.00 acre tract;
447447 THENCE, North 73°38'16" West, 1,336.65 feet to a point, on the
448448 north line of said 32.00 acre tract;
449449 THENCE, over and across said 3045.032 acre tract, the
450450 following sixteen (16) courses and distances:
451451 1. North 42°36'59" West, 197.51 feet to a point;
452452 2. North 44°41'10" West, 259.36 feet to a point;
453453 3. North 45°36'53" West, 1,532.11 feet to a point;
454454 4. North 46°33'40" West, 264.22 feet to a point;
455455 5. North 48°38'50" West, 317.88 feet to a point;
456456 6. North 49°47'12" West, 2,882.54 feet to a point;
457457 7. North 50°31'19" West, 205.25 feet to a point;
458458 8. North 52°04'32" West, 228.25 feet to a point;
459459 9. North 52°53'37" West, 1,141.02 feet to a point;
460460 10. North 53°57'01" West, 294.40 feet to a point;
461461 11. North 55°29'27" West, 135.48 feet to a point;
462462 12. North 55°58'28" West, 189.03 feet to a point;
463463 13. North 57°21'57" West, 388.65 feet to a point;
464464 14. North 60°37'56" West, 523.06 feet to a point;
465465 15. North 62°52'36" West, 104.39 feet to a point;
466466 16. North 63°14'45" West, 1,699.13 feet to a point, on the west
467467 line of said 3045.032 acre tract and on the east line of that
468468 certain 5 acre tract described in instrument to Robert John Rillie
469469 and Jerry Lee Rillie, recorded under Clerk's File Number 87989,
470470 Deed Records of Montgomery County, Texas (D.R.M.C.T.);
471471 THENCE North 03°23'31" West, with the easterly line of that
472472 certain 421.116 acre tract described in instrument to 3M Land
473473 Partners, LTD., recorded under Clerk's File Number 2020120633,
474474 O.P.R.M.C.T., and said Rillie 5 acre tract, 2,600.76 feet, to a
475475 point in the southerly line of that certain called 5.00 acre tract
476476 described in instrument to Brian Ballard and Sinthia Koepke,
477477 recorded under Clerk's File Number 2004-037959, O.P.R.M.C.T., for
478478 the common northerly corner of said Parcel 2, Tract 2 and said
479479 421.116 acre tract, being a northwesterly corner of said 3045.032
480480 acre tract;
481481 THENCE North 86°24'37" East, 22.81 feet, with the common line
482482 between said Parcel 2, Tract 2 and said Ballard 5.00 acre tract, to
483483 a point for a common corner of the same, being an interior corner of
484484 said 3045.032 acre tract;
485485 THENCE North 03°24'52" West, 330.06 feet, continuing with
486486 said common line, to a point for the common northerly corner of said
487487 Parcel 2, Tract 2 and said Ballard 5.00 acre tract, being an
488488 interior corner of said 3045.032 acre tract;
489489 THENCE South 86°24'28" West, 660.00 feet, to a point in the
490490 easterly line of that certain called 7.250 acre tract described in
491491 instrument to Mellisa F. Crawford recorded under Clerk's File
492492 Number 2020126272, O.P.R.M.C.T., for the westerly corner of said
493493 Ballard 5.00 acre tract, being a southwesterly corner of said
494494 3045.032 acre tract;
495495 THENCE North 03°24'52" West, with the easterly line of said
496496 7.250 acre tract, the remainder of that certain 14.600 acre tract
497497 described in instrument to Rajendra Ramoutarsingh, recorded under
498498 Clerk's File Number 2007-068424, O.P.R.M.C.T., common to a westerly
499499 line of said Tract 18, 329.97 feet, to a point for a corner of said
500500 Ramoutarsingh tract, being an interior corner of said 3045.032 acre
501501 tract;
502502 THENCE South 86°24'37" West, 749.18 feet, to a point in the
503503 common line between said Hinch Survey, and the H.S. Williamson
504504 Survey, Abstract Number 635, the easterly line of that certain
505505 called 275.861 acre tract described in instrument to Miguel Prado
506506 and Danielle P. Prado, recorded under Clerk's File Number
507507 2009-014225, O.P.R.M.C.T., for the westerly corner of said
508508 Ramoutarsingh tract, being a southwesterly corner of said 3045.032
509509 acre tract;
510510 THENCE North 03°23'25" West, 990.20 feet, with the apparent
511511 common line between said Hinch Survey and said Williamson Survey,
512512 the east line of said 275.861 acre tract, to a point for the corner
513513 of the Oaks Subdivision, an unrecorded subdivision, for a
514514 northwesterly corner of said 3045.032 acre tract;
515515 THENCE North 86°29'56" East, 3601.32 feet, with the southerly
516516 line of said Oaks Subdivision and that certain called 1.128 acre
517517 tract described in instrument to Donald Baker, recorded under
518518 Clerk's File Number 9460482, R.P.R.M.C.T., common to a northerly
519519 line of said Parcel 2, Tract 2, to a point for the common corner of
520520 said Parcel 2, Tract 2, said 1.128 acre tract, and that certain
521521 called 337.328 acre tract described in instrument to MWM Ventures,
522522 LTD, recorded under Clerk's File Number 2020096337, O.P.R.M.C.T.,
523523 being an angle point in the northerly line of said 3045.032 acre
524524 tract;
525525 THENCE North 86°30'58" East, 3093.08 feet, with the common
526526 line between said Parcel 2, Tract 2, and said 337.328 acre tract, to
527527 a point for the common corner of said Parcel 2, Tract 2, said
528528 337.328 acre tract, and that certain called 810.277 (NET) acre
529529 tract, described in instrument to Splendora Acquisitions, LTD.,
530530 recorded under Clerk's File Number 2021066058, O.P.R.M.C.T., being
531531 an angle point in the northerly line of said 3045.032 acre tract;
532532 THENCE North 86°30'57" East, 1331.14 feet, with the common
533533 line between said Parcel 2, Tract 2, and said 810.277 (NET) acre
534534 tract, to a point for the common corner of said Parcel 2, Tract 2,
535535 said 810.277 (NET) acre tract, that certain called 5.2 acre tract
536536 described in instrument to Trudy Ledoux, recorded under Clerk's
537537 File Number 2015117010, O.P.R.M.C.T., and that certain called 10
538538 acre tract described in instrument to Stephen P. Graham, recorded
539539 under Clerk's File Number 2001079573, O.P.R.M.C.T., being a
540540 northeasterly corner of the herein described 3045.032 acre tract;
541541 THENCE South 03°36'00" East, 665.18 feet, with the common line
542542 between said Parcel 2, Tract 2, and said Graham 10 acre tract, to a
543543 point for a common corner of same, being an interior corner of the
544544 herein described tract;
545545 THENCE North 85°58'48" East, 640.76 feet, continuing with
546546 said common line, to a point for the southerly common easterly
547547 corner of said Parcel 2, Tract 2, and said 10 acre tract, being an
548548 interior corner of the herein described tract;
549549 THENCE, North 03°30'51" West, 681.45 feet, to a point for the
550550 common corner of said Parcel 2, Tract 2, said 10 acre tract, and
551551 said 5.2 acre tract, being an angle point in a westerly line of the
552552 herein described tract;
553553 THENCE, North 03°20'27" West, 996.35 feet, with the easterly
554554 line of said 5.2 acre tract, that certain called 10 acre tract
555555 described in instrument to Stephen P. Graham, recorded under
556556 Clerk's File Number 2001079574, O.P.R.M.C.T., common to a westerly
557557 line of said Parcel 2, Tract 2, to a point in the southerly line of
558558 said 810.277 (NET) acre tract, for the common northerly corner of
559559 said Parcel 2, Tract 2, and said mentioned Graham 10 acre tract,
560560 being a northwesterly corner of the herein described tract;
561561 THENCE, North 86°56'40" East, 3,307.47 feet, with the
562562 northerly line of said Parcel 2, Tract 2, common to a southerly line
563563 of said 810.277 (NET) acre tract, to a point for a common corner of
564564 said Parcel 2, Tract 2, said 810.277 (NET) acre tract, and that
565565 certain tract described in instrument to James Metts and Angela
566566 Metts, recorded under Clerk's File Number 2017073037,
567567 O.P.R.M.C.T., being an angle point in a northerly line of the herein
568568 described tract;
569569 THENCE, North 86°56'40" East, 660.08 feet, with the common
570570 line between said Parcel 2, Tract, and said Metts tract, to a point
571571 for a common corner of said Parcel 2, Tract 2, said Metts tract and
572572 said 810.277 (NET) acre tract, being an angle point of the herein
573573 described tract;
574574 THENCE, North 86°56'40" East, 1,321.06 feet, with the common
575575 line between said Parcel 2, Tract 2 and said 810.277 (NET) acre
576576 tract to a point;
577577 THENCE South 03°07'29" East, 1057.31 feet, with the apparent
578578 common line between said Hinch Survey and said Gill Survey, the
579579 westerly line of said 24.4867 acre tract and that certain called
580580 18.4867 acre tract described in instrument to Kelly Keith Jordan,
581581 recorded under Clerk's File Number 9723749, Real Property Records
582582 of Montgomery County, Texas (R.P.R.M.C.T.), common to an easterly
583583 line of said Parcel 2, Tract 2, to a point for the common westerly
584584 corner of that certain called 2.4723 acre tract described as "Tract
585585 5" in instrument to Atakapa, LLC., recorded under Clerk's File
586586 Number 2013016070, O.P.R.M.C.T., and said 18.4867 acre tract, being
587587 an interior corner of said 3045.032 acre tract;
588588 THENCE South 03°15'20" East, 60.15 feet to a point in the
589589 apparent common line between said Hinch Survey and said Gill
590590 survey, an easterly line of said Parcel 2, Tract 2, for the common
591591 westerly corner of said Tract 5 and the remainder of that certain
592592 called 37.546 acre tract described in instrument to Elton Kane
593593 Angers and Angela M. Angers, recorded under Clerk's File Number
594594 2013084043, O.P.R.M.C.T., being an interior corner of said 3045.032
595595 acre tract;
596596 South 03°05'53" East, 908.31 feet, with the apparent common
597597 line between said Hinch Survey and said Gill Survey, an easterly
598598 line of said Parcel 2, Tract 2 and that certain tract described as
599599 "Tract 14" in instrument to Atakapa, LLC., recorded under Clerk's
600600 File Number 2013016070, O.P.R.M.C.T., common to the westerly line
601601 of said remainder of 37.546 acre tract and that certain called
602602 18.500 acre tract described in instrument to James Glenn Richardson
603603 and Daphne Lynn Richardson, recorded under Clerk's File Number
604604 2013108135, O.P.R.M.C.T., to a point for the common corner of said
605605 Tract 14, said 18.500 acre tract, and that certain called 20.1336
606606 acre tract described in instrument to Reggie Clayton Jackson, Sr.
607607 and Leslie Louise Jackson, recorded under Clerk's File Number
608608 2012040560, O.P.R.M.C.T., being an angle point in an easterly line
609609 of said 3045.032 acre tract;
610610 THENCE South 03°08'44" East, 491.63 feet, continuing with the
611611 apparent common line between said Hinch Survey and said Gill
612612 Survey, the common line between said Tract 14 and said 20.1336 acre
613613 tract, to a point for the common westerly corner of that certain
614614 called 20.00 acre tract described as "Tract 9" in instrument to
615615 Atakapa, LLC., recorded under Clerk's File Number 2013016070,
616616 O.P.R.M.C.T., and said 20.1663 acre tract, being an interior corner
617617 of said 3045.032 acre tract;
618618 THENCE North 86°37'59" East, 1810.75 feet, with the common
619619 line between said Tract 9 and said 20.1336 acre tract, to a point in
620620 the westerly margin of said Daw Collins Road for the common easterly
621621 corner of said Tract 9 and said 20.1336 acre tract, being a
622622 northeasterly corner of said 3045.032 acre tract;
623623 THENCE South 03°51'02" East, 480.42 feet, with the westerly
624624 margin of said Daw Collins Road, the easterly line of said Tract 9,
625625 to a point for the common easterly corner of said Tract 9 and that
626626 certain called 20.00 acre tract described in instrument to Campbell
627627 Ready-Mix, Inc., recorded under Clerk's File Number 9622955,
628628 R.P.R.M.C.T., being a southeasterly corner of said 3045.032 acre
629629 tract;
630630 THENCE South 86°37'59" West, 1816.24 feet, with the common
631631 line between said Tract 9 and said Campbell Ready-Mix 20.00 acre
632632 tract, to a point in the apparent common line between said Hinch
633633 Survey and said Gill Survey, an easterly line of said Parcel 2,
634634 Tract 2 for the common westerly corner of said Tract 9 and said
635635 Campbell Ready-Mix 20.00 acre tract, being an interior corner of
636636 the herein described 3045.032 acre tract;
637637 THENCE South 03°09'19" East, 956.51 feet, with the apparent
638638 common line between said Hinch Survey and said Gill Survey, the
639639 westerly line of said Campbell Ready-Mix 20.00 acre tract and that
640640 certain called 20.02 acre tract described in instrument to David C.
641641 Lee and Anne T. LeBlanc, recorded under Clerk's File Number
642642 2010096690, O.P.R.M.C.T., common to an easterly line of said Parcel
643643 2, Tract 2 to a point for the common corner of said Parcel 2, Tract
644644 2, said 20.02 acre tract, the remainder of that certain called
645645 20.000 acre tract described in instrument to Brian Ballard and
646646 Sinthia Koepke, recorded under Clerk's File Number 2003149365,
647647 O.P.R.M.C.T., and that certain tract described in instrument to
648648 Shirley Gay, recorded under Clerk's File Number 8121692,
649649 R.P.R.M.C.T., being a southeasterly corner of said 3045.032 acre
650650 tract;
651651 THENCE with the common line between said Parcel 2, Tract 2 and
652652 said Gay tract, South 86°48'24" West, 1318.78 feet, to a point for
653653 corner;
654654 THENCE South 03°05'13" East, 662.49 feet, to a point on the
655655 southwest corner of said Gay tract;
656656 THENCE North 86°42'16" East, 1,319.85 feet to the POINT OF
657657 BEGINNING, CONTAINING 2,540 acres (110,650,140 square feet) of land
658658 in Montgomery County, Texas, filed in the offices of Elevation Land
659659 Solutions in The Woodlands, Texas.
660660 TRACT 2:
661661 A METES & BOUNDS description of a certain 20.720 acre
662662 (902,563 square feet) tract of land situated in the Michael H. Hinch
663663 Survey, Abstract No. 253, in Montgomery County, Texas, being all of
664664 called Tract Nos. Thirty-Five (35) and Forty-Three (43), of Section
665665 4 of Security Subdivision according to the plat thereof recorded in
666666 Volume 1, Page 23, Montgomery County Deed Records, conveyed to John
667667 Schneider by deed recorded in Volume 85, Page 230, Montgomery
668668 County Deed Records, and being all of called Tract Nos. Fifty-One
669669 (51) and Fifty-Nine (59), of Section 4 of Security Subdivision
670670 according to the plat thereof recorded in Volume 1, Page 23,
671671 Montgomery County Deed Records, conveyed to Rita S. Wolven and
672672 Margy A. Long by deed recorded in Clerk's File No. 9534020,
673673 Montgomery County Official Public Records of Real Property; said
674674 20.720 acre (902,563 square feet) tract of land being more
675675 particularly described as follows with all bearings being based on
676676 said deed recorded in Clerk's File No. 2021177868, Montgomery
677677 County Official Public Records:
678678 BEGINNING at a point for the easterly common northerly corner
679679 of said Schneider tract and said Parcel 2, Tract 2, being the
680680 northeasterly corner of the herein described 20.720 acre tract,
681681 from which a point for the common corner of said Parcel 2, Tract 2,
682682 said 810.277 (NET) acre tract, that certain called 10 acre tract
683683 described in instrument to Stephen P. Graham, recorded under
684684 Clerk's File Number 2001079573, O.P.R.M.C.T., and that certain
685685 called 5.2 acre tract described in instrument to Trudy Ledoux,
686686 recorded under Clerk's File Number 2015117010, O.P.R.M.C.T., bears
687687 North 60°03'52" East, 2,948.79 feet;
688688 THENCE South 03°04'04" East, 1,319.97 feet, with a westerly
689689 line of said Parcel 2, Tract 2, the westerly line of that certain
690690 called 20.00 acre tract described as "Tract 12" in instrument to
691691 Atakapa, LLC, recorded under Clerk's File Number 2013016070,
692692 O.P.R.M.C.T., common to the easterly line of said Schneider tract,
693693 the continuing with a common line between said Long 10 acre tract
694694 and said Parcel 2, Tract 2, to a point for the easterly common
695695 southerly corner of said Long 10 acre tract and said Parcel 2, Tract
696696 2, being the southeasterly corner of the herein described 20.720
697697 acre tract;
698698 THENCE South 85°55'43" West, 683.88 feet, with the common line
699699 between said Long 10 acre tract and said Parcel 2, Tract 2, to a
700700 point for a common corner of same, being the southwesterly corner of
701701 the herein described 20.720 acre tract;
702702 THENCE North 03°04'04" West, 1,319.97 feet, with the westerly
703703 line of said Long 10 acre tract and said Schneider tract, common to
704704 an easterly line of said Parcel 2, Tract 2, to a point for the
705705 westerly common northerly corner of said Schneider tract and said
706706 Parcel 2, Tract 2, being the northwesterly corner of the herein
707707 described 20.720 acre tract;
708708 THENCE North 85°55'43" East, 683.88 feet, with the common line
709709 between said Schneider tract and said Parcel 2, Tract 2, to the
710710 POINT OF BEGINNING, CONTAINING 20.720 acre (902,563 square feet) of
711711 land in Montgomery County, Texas.
712712 TRACT 3:
713713 A METES & BOUNDS description of a certain 10.087 acre
714714 (439,400 square feet) tract of land situated in the Michael H. Hinch
715715 Survey, Abstract No. 253, in Montgomery County, Texas, being all of
716716 called Tract Nos. Seventy (70) and Seventy-Eight (78), of Section 4
717717 of Security Subdivision according to the plat thereof recorded in
718718 Volume 1, Page 23, Montgomery County Deed Records, conveyed to
719719 Eleanore Triplett by deed recorded in Clerk's File No. 7930998,
720720 Montgomery County Deed Records; said 10.087 acre (439,400 square
721721 feet) tract of land being more particularly described as follows
722722 with all bearings being based on said deed recorded in Clerk's File
723723 No. 2021177868, Montgomery County Official Public Records:
724724 BEGINNING at a point for the common easterly corner of said
725725 Tract Nos. Seventy (70) and Seventy-Eight (78) and that certain
726726 called 5.00 acre tract described in instrument to Atakapa, LLC,
727727 recorded under Clerk's File Number 2021170759, O.P.R.M.C.T., in a
728728 westerly line of said Parcel 2, Tract 2, being the northeasterly
729729 corner of the herein described 10.087 acre tract, from which a point
730730 for the common corner of said Parcel 2, Tract 2, said 810.277 (NET)
731731 acre tract, said 5.2 acre tract, and said 10 acre tract to Stephen
732732 P. Graham bears North 10°59'37" East, 2,719.29 feet;
733733 THENCE South 02°13'03" East, 666.93 feet, with the easterly
734734 line of said Tract 55, common to a westerly line of said Parcel 2,
735735 Tract 2, to a point for the easterly common south corner of said
736736 Tract 55 and said Parcel 2, Tract 2, being the southeasterly corner
737737 of the herein described 10.087 acre tract;
738738 THENCE South 87°23'17" West, 658.82 feet, continuing the
739739 common line between said Tract 55 and said Parcel 2, Tract 2, to a
740740 point for the westerly common south corner of same, being the
741741 southwesterly corner of the herein described 10.087 acre tract;
742742 THENCE North 02°39'53" West, 661.75 feet, with the common line
743743 between said Tract 55 and said Parcel 2, Tract 2, to a point for the
744744 common westerly corner of said Tract 55 and said 5.00 acre tract to
745745 Atakapa, LLC, being the northwesterly corner of the herein
746746 described 10.087 acre tract;
747747 THENCE North 86°56'31" East, 664.04 feet, with the common line
748748 between said Tract 55 and said 5.00 acre tract to Atakapa, LLC, to
749749 the POINT OF BEGINNING, CONTAINING 10.087 acre (439,400 square
750750 feet) of land in Montgomery County, Texas.
751751 TRACT 4:
752752 A METES & BOUNDS description of a certain 20.02 acre (872,176
753753 square feet) tract of land situated in the Michael H. Hinch Survey,
754754 Abstract No. 253, in Montgomery County, Texas, being all of a
755755 called 10.0 acre tract conveyed to Splendora Independent School
756756 District by deed recorded in Clerk's File No. 2013090370,
757757 Montgomery County Official Public Records, and being all of called
758758 10.0 acre tract conveyed to Jack W. Mayo, Jr. by deed recorded in
759759 Clerk's File No. 7829854, Montgomery County Official Public
760760 Records of Real Property; said 20.02 acre (872,176 square feet)
761761 tract of land being more particularly described as follows with all
762762 bearings being based on the Texas Coordinate System, Central Zone,
763763 NAD 83:
764764 COMMENCING at a 1/2-inch iron rod (with cap) found, being the
765765 northwest corner of a called 20 acre tract conveyed to Shirley Gay
766766 by deed recorded in Clerk's File No. 8121692, Montgomery County
767767 Official Public Records of Real Property;
768768 THENCE, North 79°11'52" West, 2,715.92 feet to a 5/8-inch iron
769769 rod (with cap) found, being the northeast corner of said called 10.0
770770 acre tract conveyed to Splendora Independent School District and
771771 being the northeast corner and POINT OF BEGINNING of the herein
772772 described tract;
773773 THENCE, South 02°42'00" East, 658.42 feet to a 3/8-inch iron
774774 rod found, being the northeast corner of said called 10.0 acre tract
775775 conveyed to Jack W. Mayo, Jr. and being the southeast corner of said
776776 called 10.0 acre tract conveyed to Splendora Independent School
777777 District;
778778 THENCE, South 03°05'32" East, 658.95 feet to a 5/8-inch iron
779779 rod (with cap) found, being the southeast corner of said called 10.0
780780 acre tract conveyed to Jack W. Mayo, Jr. and being the southeast
781781 corner of the herein described tract;
782782 THENCE, South 86°28'21" West, 664.91 feet to a 1/2-inch iron
783783 rod (with cap) found, being the southwest corner of said called 10.0
784784 acre tract conveyed to Jack W. Mayo, Jr. and being the southwest
785785 corner of the herein described tract;
786786 THENCE, North 02°40'33" West, 661.85 feet to a 3/8-inch iron
787787 rod found, being the northwest corner of said called 10.0 acre tract
788788 conveyed to Jack W. Mayo, Jr. and being the southwest corner of said
789789 called 10.0 acre tract conveyed to Splendora Independent School
790790 District;
791791 THENCE, North 02°39'39" West, 659.17 feet to a 5/8-inch iron
792792 rod (with cap) found, being the northwest corner of said called 10.0
793793 acre tract conveyed to Splendora Independent School District and
794794 being the northwest corner of the herein described tract;
795795 THENCE, North 86°47'02" East, 659.62 feet to the POINT OF
796796 BEGINNING, CONTAINING 20.02 acres (872,176 square feet) of land in
797797 Montgomery County, Texas, filed in the offices of Elevation Land
798798 Solutions in The Woodlands, Texas.
799799 TRACT 5:
800800 A METES & BOUNDS description of a certain 10.000 acre
801801 (435,591 square feet) tract of land situated in the Michael H. Hinch
802802 Survey, Abstract No. 253, in Montgomery County, Texas, being all of
803803 called Tract Numbers (114) and (122), of Section 4 of Security
804804 Subdivision according to the plat thereof recorded in Volume 1,
805805 Page 23, Montgomery County Deed Records, conveyed to Dana Lynn
806806 Sprayberry by deed recorded in Clerk's File No. 2000-072045,
807807 Montgomery County Official Public Records of Real Property; said
808808 10.000 acre (435,591 square feet) tract of land being more
809809 particularly described as follows with all bearings being based on
810810 said deed recorded in Clerk's File No. 2021177868, Montgomery
811811 County Official Public Records:
812812 BEGINNING at a point for the westerly common southerly corner
813813 of said Sprayberry tract and said Parcel 2, Tract 2, being the
814814 southwesterly corner of the herein described 10.000 acre tract,
815815 from which a point for the common southerly corner of said Parcel 2,
816816 Tract 2, and said 421.116 acre tract bears, South 70°53'39" West,
817817 2744.66 feet;
818818 THENCE North 03°02'48" West, 660.00 feet, with the common line
819819 between said Sprayberry tract and said Parcel 2, Tract 2, to a point
820820 for the common westerly corner of said Sprayberry tract and that
821821 certain tract described as Farm Tracts 97, 98 and 106 in instrument
822822 to Atakapa LLC, recorded under Clerk's File Number 2018080651,
823823 O.P.R.M.C.T., being the northwesterly corner of the herein
824824 described 10.000 acre tract;
825825 THENCE North 86°35'15" East, 660.00 feet, with the common line
826826 between said Sprayberry tract and said Farm Tracts 97, 98 and 106,
827827 to a point in a westerly line of said Parcel 2, Tract 2, for the
828828 common easterly corner of same, being the northeasterly corner of
829829 the herein described 10.000 acre tract;
830830 THENCE South 03°02'48" East, 660.00 feet, with the common line
831831 between said Sprayberry tract and said Parcel 2, Tract 2, to a point
832832 for the common westerly corner of said Sprayberry tract and common
833833 southerly corner of said Sprayberry tract and said Parcel 2, Tract
834834 2, being the southeasterly corner of the herein described 10.000
835835 acre tract;
836836 THENCE, South 86°35'15" West, 660.00 feet, continuing with
837837 said common line, to the POINT OF BEGINNING, CONTAINING 10.000 acre
838838 (435,591 square feet) of land in Montgomery County, Texas.
839839 TRACT 6:
840840 A METES & BOUNDS description of a certain 10.00 acre (435,658
841841 square feet) tract of land situated in the Michael H. Hinch Survey,
842842 Abstract No. 253, in Montgomery County, Texas, being all of called
843843 Tract Twenty-Two (22), of Section 5 of Security Subdivision
844844 according to the plat thereof recorded in Volume 1, Page 23,
845845 Montgomery County Deed Records, conveyed to John F. Darst by deed
846846 recorded in Clerk's File No. 2014005435, Montgomery County
847847 Official Public Records; said 10.00 acre (435,658 square feet)
848848 tract of land being more particularly described as follows with all
849849 bearings being based on the Texas Coordinate System, Central Zone,
850850 NAD 83:
851851 COMMENCING at a 1/2-inch iron rod (with cap) found, being the
852852 northwest corner of a called 20 acre tract conveyed to Shirley Gay
853853 by deed recorded in Clerk's File No. 8121692, Montgomery County
854854 Official Public Records of Real Property;
855855 THENCE, South 67°07'55" West, 7,025.16 feet to a 1/2-inch iron
856856 rod (with cap) found, being the northeast corner of said called
857857 Tract Twenty-Two (22) and being the northeast corner and POINT OF
858858 BEGINNING of the herein described tract;
859859 THENCE, South 03°20'59" East, 660.24 feet to a 5/8-inch iron
860860 rod (with cap) found, being the southeast corner of said called
861861 Tract Twenty-Two (22) and being the southeast corner of the herein
862862 described tract;
863863 THENCE, South 86°28'39" West, 660.12 feet to a 5/8-inch iron
864864 rod found, being the southwest corner of said called Tract
865865 Twenty-Two (22) and being the southwest corner of the herein
866866 described tract;
867867 THENCE, North 03°19'03" West, 660.07 feet to a 5/8-inch iron
868868 rod (with cap) found, being the northwest corner of said called
869869 Tract Twenty-Two (22) and being the northwest corner of the herein
870870 described tract;
871871 THENCE, North 86°27'46" East, 659.75 feet to the POINT OF
872872 BEGINNING, CONTAINING 10.00 acres (435,658 square feet) of land in
873873 Montgomery County, Texas, filed in the offices of Elevation Land
874874 Solutions in The Woodlands, Texas.
875875 TRACT 7:
876876 A METES & BOUNDS description of a certain 10.05 acre (437,646
877877 square feet) tract of land situated in the Michael H. Hinch Survey,
878878 Abstract No. 253, in Montgomery County, Texas, being all of called
879879 Lots One (1) and Two (2), of Section 6 of Security Subdivision
880880 according to the plat thereof recorded in Volume 1, Page 23,
881881 Montgomery County Deed Records, conveyed to Milton Howard Sands,
882882 Jr. by deed recorded in Clerk's File No. 8842100, Montgomery County
883883 Official Public Records of Real Property; said 10.05 acre (437,646
884884 square feet) tract of land being more particularly described as
885885 follows with all bearings being based on the Texas Coordinate
886886 System, Central Zone, NAD 83:
887887 COMMENCING at a 1/2-inch iron rod (with cap) found, being the
888888 northwest corner of a called 20 acre tract conveyed to Shirley Gay
889889 by deed recorded in Clerk's File No. 8121692, Montgomery County
890890 Official Public Records of Real Property;
891891 THENCE, South 56°22'01" West, 4,599.31 feet to an axle found,
892892 being the northeast corner of said called Lots One (1) and Two (2)
893893 and being the northeast corner and POINT OF BEGINNING of the herein
894894 described tract;
895895 THENCE, South 03°01'51" East, 329.54 feet to a 5/8-inch iron
896896 rod (with cap) found, being the southeast corner of said called Lots
897897 One (1) and Two (2) and being the southeast corner of the herein
898898 described tract;
899899 THENCE, South 86°30'27" West, 1,318.54 feet to a 5/8-inch iron
900900 rod (with cap) found, being the southwest corner of said called Lots
901901 One (1) and Two (2) and being the southwest corner of the herein
902902 described tract;
903903 THENCE, North 03°23'34" West, 333.78 feet to a 5/8-inch iron
904904 rod (with cap) found, being the northwest corner of said called Lots
905905 One (1) and Two (2) and being the northwest corner of the herein
906906 described tract;
907907 THENCE, North 86°41'29" East, 1,320.62 feet to the POINT OF
908908 BEGINNING, CONTAINING 10.05 acres (437,646 square feet) of land in
909909 Montgomery County, Texas, filed in the offices of Elevation Land
910910 Solutions in The Woodlands, Texas.
911911 TRACT 8:
912912 A METES & BOUNDS description of a certain 5.009 acre (218,190
913913 square feet) tract of land situated in the Walker County School Land
914914 Survey, Abstract No. 494, in Montgomery County, Texas, being all of
915915 a called 5.000 acre tract conveyed to Bill Ellison by deed recorded
916916 in Clerk's File No. 2018004658, Montgomery County Official Public
917917 Records; said 5.009 acre (218,190 square feet) tract of land being
918918 more particularly described as follows with all bearings being
919919 based on the Texas Coordinate System, Central Zone, NAD 83:
920920 COMMENCING at a 1/2-inch iron rod (with cap) found, being the
921921 northwest corner of a called 20 acre tract conveyed to Shirley Gay
922922 by deed recorded in Clerk's File No. 8121692, Montgomery County
923923 Official Public Records of Real Property;
924924 THENCE, North 21°41'20" West, 2,084.68 feet to a concrete
925925 monument (disturbed) found, being the southeast corner of said
926926 called 5.000 acre tract and being the southeast corner and POINT OF
927927 BEGINNING of the herein described tract;
928928 THENCE, South 86°56'55" West, 658.50 feet to a concrete
929929 monument found, being the southwest corner of said called 5.000
930930 acre tract and being the southwest corner of the herein described
931931 tract;
932932 THENCE, North 03°15'30" West, 330.34 feet to a 1/2-inch iron
933933 rod (with cap) found, being the northwest corner of said called
934934 5.000 acre tract and being the northwest corner of the herein
935935 described tract;
936936 THENCE, North 86°52'08" East, 660.69 feet to a 1-1/2-inch iron
937937 pipe (bent) found, being the northeast corner of said called 5.000
938938 acre tract and being the northeast corner of the herein described
939939 tract;
940940 THENCE, South 02°52'48" East, 331.25 feet to the POINT OF
941941 BEGINNING, CONTAINING 5.009 acres (218,190 square feet) of land in
942942 Montgomery County, Texas, filed in the offices of Elevation Land
943943 Solutions in The Woodlands, Texas.
944944 SECTION 3. (a) The legal notice of the intention to
945945 introduce this Act, setting forth the general substance of this
946946 Act, has been published as provided by law, and the notice and a
947947 copy of this Act have been furnished to all persons, agencies,
948948 officials, or entities to which they are required to be furnished
949949 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
950950 Government Code.
951951 (b) The governor, one of the required recipients, has
952952 submitted the notice and Act to the Texas Commission on
953953 Environmental Quality.
954954 (c) The Texas Commission on Environmental Quality has filed
955955 its recommendations relating to this Act with the governor, the
956956 lieutenant governor, and the speaker of the house of
957957 representatives within the required time.
958958 (d) All requirements of the constitution and laws of this
959959 state and the rules and procedures of the legislature with respect
960960 to the notice, introduction, and passage of this Act are fulfilled
961961 and accomplished.
962962 SECTION 4. (a) If this Act does not receive a two-thirds
963963 vote of all the members elected to each house, Subchapter C, Chapter
964964 7985A, Special District Local Laws Code, as added by Section 1 of
965965 this Act, is amended by adding Section 7985A.0307 to read as
966966 follows:
967967 Sec. 7985A.0307. NO EMINENT DOMAIN POWER. The district may
968968 not exercise the power of eminent domain.
969969 (b) This section is not intended to be an expression of a
970970 legislative interpretation of the requirements of Section 17(c),
971971 Article I, Texas Constitution.
972972 SECTION 5. This Act takes effect immediately if it receives
973973 a vote of two-thirds of all the members elected to each house, as
974974 provided by Section 39, Article III, Texas Constitution. If this
975975 Act does not receive the vote necessary for immediate effect, this
976976 Act takes effect September 1, 2023.
977977 ______________________________ ______________________________
978978 President of the Senate Speaker of the House
979979 I hereby certify that S.B. No. 2600 passed the Senate on
980980 May 4, 2023, by the following vote: Yeas 27, Nays 3.
981981 ______________________________
982982 Secretary of the Senate
983983 I hereby certify that S.B. No. 2600 passed the House on
984984 May 12, 2023, by the following vote: Yeas 102, Nays 38, two
985985 present not voting.
986986 ______________________________
987987 Chief Clerk of the House
988988 Approved:
989989 ______________________________
990990 Date
991991 ______________________________
992992 Governor