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Texas Senate Bill SB2625

Texas 2023 - 88th Regular

Texas Senate Bill SB2625 Compare Versions

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11 88R19633 SCP-F
22 By: Springer S.B. No. 2625
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the creation of the Highland Park Municipal Utility
88 District of Grayson County; granting a limited power of eminent
99 domain; providing authority to issue bonds; providing authority to
1010 impose assessments, fees, and taxes.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Subtitle F, Title 6, Special District Local Laws
1313 Code, is amended by adding Chapter 8000A to read as follows:
1414 CHAPTER 8000A. HIGHLAND PARK MUNICIPAL UTILITY DISTRICT OF GRAYSON
1515 COUNTY
1616 SUBCHAPTER A. GENERAL PROVISIONS
1717 Sec. 8000A.0101. DEFINITIONS. In this chapter:
1818 (1) "Board" means the district's board of directors.
1919 (2) "Commission" means the Texas Commission on
2020 Environmental Quality.
2121 (3) "Director" means a board member.
2222 (4) "District" means the Highland Park Municipal
2323 Utility District of Grayson County.
2424 Sec. 8000A.0102. NATURE OF DISTRICT. The district is a
2525 municipal utility district created under Section 59, Article XVI,
2626 Texas Constitution.
2727 Sec. 8000A.0103. CONFIRMATION AND DIRECTOR ELECTION
2828 REQUIRED. The temporary directors shall hold an election to
2929 confirm the creation of the district and to elect five permanent
3030 directors as provided by Section 49.102, Water Code.
3131 Sec. 8000A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
3232 temporary directors may not hold an election under Section
3333 8000A.0103 until each municipality in whose corporate limits or
3434 extraterritorial jurisdiction the district is located has
3535 consented by ordinance or resolution to the creation of the
3636 district and to the inclusion of land in the district as required by
3737 applicable law.
3838 Sec. 8000A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
3939 (a) The district is created to serve a public purpose and benefit.
4040 (b) The district is created to accomplish the purposes of:
4141 (1) a municipal utility district as provided by
4242 general law and Section 59, Article XVI, Texas Constitution; and
4343 (2) Section 52, Article III, Texas Constitution, that
4444 relate to the construction, acquisition, improvement, operation,
4545 or maintenance of macadamized, graveled, or paved roads, or
4646 improvements, including storm drainage, in aid of those roads.
4747 Sec. 8000A.0106. INITIAL DISTRICT TERRITORY. (a) The
4848 district is initially composed of the territory described by
4949 Section 2 of the Act enacting this chapter.
5050 (b) The boundaries and field notes contained in Section 2 of
5151 the Act enacting this chapter form a closure. A mistake made in the
5252 field notes or in copying the field notes in the legislative process
5353 does not affect the district's:
5454 (1) organization, existence, or validity;
5555 (2) right to issue any type of bond for the purposes
5656 for which the district is created or to pay the principal of and
5757 interest on a bond;
5858 (3) right to impose a tax; or
5959 (4) legality or operation.
6060 SUBCHAPTER B. BOARD OF DIRECTORS
6161 Sec. 8000A.0201. GOVERNING BODY; TERMS. (a) The district
6262 is governed by a board of five elected directors.
6363 (b) Except as provided by Section 8000A.0202, directors
6464 serve staggered four-year terms.
6565 Sec. 8000A.0202. TEMPORARY DIRECTORS. (a) On or after
6666 September 1, 2023, the owner or owners of a majority of the assessed
6767 value of the real property in the district may submit a petition to
6868 the commission requesting that the commission appoint as temporary
6969 directors the five persons named in the petition. The commission
7070 shall appoint as temporary directors the five persons named in the
7171 petition.
7272 (b) Temporary directors serve until the earlier of:
7373 (1) the date permanent directors are elected under
7474 Section 8000A.0103; or
7575 (2) September 1, 2027.
7676 (c) If permanent directors have not been elected under
7777 Section 8000A.0103 and the terms of the temporary directors have
7878 expired, successor temporary directors shall be appointed or
7979 reappointed as provided by Subsection (d) to serve terms that
8080 expire on the earlier of:
8181 (1) the date permanent directors are elected under
8282 Section 8000A.0103; or
8383 (2) the fourth anniversary of the date of the
8484 appointment or reappointment.
8585 (d) If Subsection (c) applies, the owner or owners of a
8686 majority of the assessed value of the real property in the district
8787 may submit a petition to the commission requesting that the
8888 commission appoint as successor temporary directors the five
8989 persons named in the petition. The commission shall appoint as
9090 successor temporary directors the five persons named in the
9191 petition.
9292 SUBCHAPTER C. POWERS AND DUTIES
9393 Sec. 8000A.0301. GENERAL POWERS AND DUTIES. The district
9494 has the powers and duties necessary to accomplish the purposes for
9595 which the district is created.
9696 Sec. 8000A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
9797 DUTIES. The district has the powers and duties provided by the
9898 general law of this state, including Chapters 49 and 54, Water Code,
9999 applicable to municipal utility districts created under Section 59,
100100 Article XVI, Texas Constitution.
101101 Sec. 8000A.0303. AUTHORITY FOR ROAD PROJECTS. Under
102102 Section 52, Article III, Texas Constitution, the district may
103103 design, acquire, construct, finance, issue bonds for, improve,
104104 operate, maintain, and convey to this state, a county, or a
105105 municipality for operation and maintenance macadamized, graveled,
106106 or paved roads, or improvements, including storm drainage, in aid
107107 of those roads.
108108 Sec. 8000A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
109109 road project must meet all applicable construction standards,
110110 zoning and subdivision requirements, and regulations of each
111111 municipality in whose corporate limits or extraterritorial
112112 jurisdiction the road project is located.
113113 (b) If a road project is not located in the corporate limits
114114 or extraterritorial jurisdiction of a municipality, the road
115115 project must meet all applicable construction standards,
116116 subdivision requirements, and regulations of each county in which
117117 the road project is located.
118118 (c) If the state will maintain and operate the road, the
119119 Texas Transportation Commission must approve the plans and
120120 specifications of the road project.
121121 Sec. 8000A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
122122 ORDINANCE OR RESOLUTION. The district shall comply with all
123123 applicable requirements of any ordinance or resolution that is
124124 adopted under Section 54.016 or 54.0165, Water Code, and that
125125 consents to the creation of the district or to the inclusion of land
126126 in the district.
127127 Sec. 8000A.0306. DIVISION OF DISTRICT. (a) The board, on
128128 its own motion or on receipt of a petition signed by the owner or
129129 owners of a majority of the assessed value of the real property in
130130 the district, may adopt an order dividing the district.
131131 (b) An order dividing a district may create one or more new
132132 districts and may provide for the continuation of the district.
133133 (c) An order dividing the district shall:
134134 (1) name any new district;
135135 (2) include the metes and bounds description of the
136136 territory of each of the districts;
137137 (3) appoint temporary directors for any new district;
138138 and
139139 (4) provide for the division of assets and liabilities
140140 between the districts.
141141 (d) The board may adopt an order dividing the district
142142 before or after the date the board holds an election to confirm the
143143 district's creation.
144144 (e) The district may be divided only if the district:
145145 (1) has no outstanding bonded debt; and
146146 (2) is not imposing ad valorem taxes.
147147 (f) A new district created by the division of the district
148148 may not, at the time the new district is created, contain any land
149149 outside the area described by Section 2 of the Act enacting this
150150 chapter.
151151 (g) On or before the 30th day after the date of adoption of
152152 an order dividing the district, the district shall file the order
153153 with the commission and record the order in the real property
154154 records of each county in which the district is located.
155155 (h) This chapter applies to any new district created by the
156156 division of the district, and a new district has all the powers and
157157 duties of the district.
158158 (i) A new district created by the division of the district
159159 shall hold a confirmation and directors' election.
160160 (j) If the creation of the new district is confirmed, the
161161 new district shall provide the election date and results to the
162162 commission.
163163 (k) A new district created by the division of the district
164164 must hold an election as required by this chapter to obtain voter
165165 approval before the district may impose a maintenance tax or issue
166166 bonds payable wholly or partly from ad valorem taxes.
167167 (l) The district may continue to rely on confirmation,
168168 directors', bond, or tax elections held prior to the division.
169169 (m) Municipal consent to the creation of the district and to
170170 the inclusion of land in the district acts as municipal consent to
171171 the creation of any new district created by the division of the
172172 district and to the inclusion of land in the new district.
173173 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
174174 Sec. 8000A.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 8000A.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. 8000A.0402. OPERATION AND MAINTENANCE TAX. (a) If
189189 authorized at an election held under Section 8000A.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. 8000A.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. 8000A.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. 8000A.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. 8000A.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 Highland Park Municipal Utility District of
223223 Grayson County initially includes all the territory contained in
224224 the following area:
225225 NORTH TRACT:
226226 BEING all that certain tract of land situated in the ROBERT THOMPSON
227227 SURVEY, ABSTRACT NO. 1199, the ELIZABETH JONES SURVEY, ABSTRACT NO.
228228 625, the THOMAS JONES SURVEY, ABSTRACT NO. 635, and the WILLIAM
229229 MARTIN SURVEY, Abstract NO. 765, Grayson County, Texas, and being
230230 all that certain tract conveyed as North Tract to TLS Investments,
231231 L.P., by deed recorded in 2017-27776, Official Public Records,
232232 Grayson County, Texas, and being all that certain tract of land
233233 conveyed to TLS Investments. L.P., by deeds recorded in Instrument
234234 No. 2017-27771 and 2017- 27765, said Official Public Records, and
235235 being more particularly described as follows:
236236 BEGINNING at a 1/2 inch iron rod with yellow cap found for the
237237 Northeast corner of the herein described tract, same being the
238238 Northeast corner of said TLS tract (2017-27771), same being in the
239239 intersection of OB Groner Road (prescriptive right-of-way) and
240240 Bradley Road (prescriptive right-of-way), same being the Southeast
241241 corner of that certain tract of land conveyed to Huy Quach and
242242 Charles Shao Wu, by deed recorded in Volume 3260, Page 62, said Deed
243243 Records, same being in the Westerly line of that certain tract of
244244 land conveyed to Munson Realty Co., by deed (no recording
245245 information found);
246246 THENCE South 14 deg. 18 min. 06 sec. East, along the common line of
247247 said TLS tract (2017-27771) and said Munson tract, same being the
248248 approximate centerline of said Bradley Road, a distance of 3060.97
249249 feet to a railroad spike found for internal corner, same being in
250250 the intersection of said Bradley Road and Old Dorchester Road
251251 (prescriptive right-of-way), same being the Southwest corner of
252252 said Munson tract;
253253 THENCE continuing along the common line of said TLS tract
254254 (2017-27771) and said Munson tract, same being the approximate
255255 centerline of said Old Dorchester Road as follows:
256256 North 55 deg. 30 min. 26 sec. East, a distance of 98.77 feet to a 1/2
257257 inch iron rod with yellow "RPLS 4709" cap found for angle point;
258258 North 83 deg. 18 min. 49 sec. East, a distance of 764.38 feet to a
259259 nail set with shiner for corner, same being the most Northerly
260260 Northwest corner of that certain tract of land conveyed to Trinidad
261261 Ranch, LLC, by deed recorded in Instrument No. 2016- 26898, said
262262 Official Public Records;
263263 THENCE along the common line of said TLS tract (2017-27771) and said
264264 Trinidad tract as follows:
265265 South 21 deg. 07 min. 44 sec. West, a distance of 229.00 feet to an
266266 angle point;
267267 South 09 deg. 44 min. 43 sec. West, a distance of 117.88 feet to an
268268 angle point;
269269 South 76 deg. 29 min. 42 sec. West, a distance of 65.94 feet to an
270270 angle point;
271271 South 81 deg. 19 min. 47 sec. West, a distance of 60.87 feet to an
272272 angle point;
273273 South 69 deg. 58 min. 43 sec. West, a distance of 259.82 feet to an
274274 angle point;
275275 South 05 deg. 47 min. 15 sec. East, a distance of 235.24 feet to an
276276 angle point;
277277 South 79 deg. 01 min. 46 sec. West, a distance of 26.33 feet to an
278278 angle point;
279279 South 39 deg. 40 min. 43 sec. West, a distance of 81.98 feet to an
280280 angle point;
281281 South 53 deg. 03 min. 44 sec. West, a distance of 136.31 feet to a 4
282282 inch Bois D'Arc fence post found for corner;
283283 South 15 deg. 10 min. 32 sec. East, passing the Southwest corner of
284284 said Trinidad tract, same being the Northwest corner of that
285285 certain tract of land conveyed to Paul Wayne Griffin and wife,
286286 Debbie A. Griffin, by deed recorded in Volume 4844, Page 892, Deed
287287 Records, Grayson County, Texas, and continuing along the common
288288 line of said TLS tract (2017-27771) and said Griffin tract, a total
289289 distance of 1,833.15 feet to a 12 inch Bois D'Arc fence post found
290290 for internal corner;
291291 THENCE continuing along the common line of said TLS tract
292292 (2017-27771) and said Paul Griffin tract as follows:
293293 North 89 deg. 22 min. 07 sec. East, a distance of 427.41 feet to a
294294 5/8 inch iron rod with yellow "COX 4577" cap found for corner;
295295 South 11 deg. 02 min. 02 sec. East, a distance of 469.42 feet to a
296296 5/8 inch iron rod with yellow "COX 4577" cap found for the Southwest
297297 corner of said Paul Griffin tract, same being the Northwest corner
298298 of that certain tract of land conveyed to Larry Ford Griffin and
299299 Cindy Griffin, by deed recorded in Volume 4844, Page 887, said Deed
300300 Records;
301301 THENCE along the common line of said TLS tract (2017-27771) and said
302302 Larry Griffin tract as follows:
303303 South 11 deg. 04 min. 24 sec. East, a distance of 1,036.52 feet to a
304304 5/8 inch iron rod with yellow "COX 4577" cap found for corner;
305305 South 66 deg. 30 min. 49 sec. West, a distance of 305.14 feet to a
306306 5/8 inch iron rod with yellow "COX 4577" cap found for corner;
307307 South 13 deg. 19 min. 12 sec. East, passing a Southeast corner of
308308 said TLS tract (2017-27771), same being that certain tract of land
309309 conveyed as "North Tract" to TLS Investments, L.P., by deed
310310 recorded in Instrument Number 2017-27776, said Official Public
311311 Records, and continuing along the common line of said North Tract
312312 and said Larry Griffin tract, a total distance of 535.64 feet to a
313313 5/8 inch iron rod with yellow "COX 4577" cap found for corner;
314314 THENCE North 86 deg. 45 min. 56 sec. East, continuing along the
315315 common line of said North Tract and said Larry Griffin tract,
316316 passing a 5/8 inch iron rod with yellow "COX 4577" cap found for the
317317 most Southerly Southeast corner of said Larry Griffin tract, same
318318 being the most Westerly corner of that certain tract of land
319319 conveyed to Andrew Ford Griffin and Kimberly Griffin, by deed
320320 recorded in Volume 5178, Page 408, said Deed Records, and
321321 continuing along the common line of said North Tract, a total
322322 distance of 1,278.43 feet to a 1/2 inch square pipe found for
323323 corner;
324324 THENCE along the common line of said North Tract and said Andrew
325325 Griffin tract as follows:
326326 South 15 deg. 22 min. 45 sec. East, a distance of 238.74 feet to a
327327 1/2 inch square pipe found for corner;
328328 North 88 deg. 40 min. 47 sec. East, a distance of 415.09 feet to a
329329 cotton spindle found for the most Easterly corner of said North
330330 Tract;
331331 South 22 deg. 39 min. 03 sec. West, passing the most Southerly
332332 corner of said Andrew Griffin tract, same being the Northwest
333333 corner of that certain tract of land conveyed to Fort Dallas, LLC,
334334 by deed recorded in Volume 5401, Page 745, said Deed Records, and
335335 continuing along the common line of said North Tract and said Fort
336336 tract, a total distance of 473.96 feet to an 'X' cut found on bridge
337337 for corner;
338338 THENCE South 16 deg. 47 min. 39 sec. West, continuing along the
339339 common line of said North Tract and said Fort tract, a distance of
340340 244.73 feet to a 5/8 inch iron rod found for the Southeast corner of
341341 said North Tract, same being the Southwest corner of said Fort
342342 tract, same being in the Northerly right-of-way line of Red River,
343343 Texas & Southern Railway Co., as described in deed recorded in
344344 Volume 136, Page 531, Deed Records, Grayson County;
345345 THENCE along the common line of said North Tract and said Railroad
346346 as follows:
347347 North 84 deg. 47 min. 46 sec. West, a distance of 1,878.81 feet to a
348348 T-post found for the beginning of a curve to the left, having a
349349 radius of 3148.25 feet and a central angle of 23 deg. 46 min. 40
350350 sec.;
351351 Along said curve to the left, an arc distance of 1306.53 feet and a
352352 chord bearing and distance of South 83 deg. 18 min. 54 sec. West,
353353 1297.17 feet to an angle point;
354354 South 71 deg. 54 min. 14 sec. West, passing a Southwest corner of
355355 said North Tract, same being the most Southerly Southeast corner of
356356 aforesaid TLS tract (2017-27765), and continuing along the common
357357 line of said TLS tract (2017-27765) and said Railroad, a total
358358 distance of 4,608.36 feet to a point for the Southwest corner of
359359 said TLS tract (2017-27765), same being the Southeast corner of
360360 that certain tract of land conveyed to Hayden Head, by deed recorded
361361 in Volume 364, Page 641, said Deed Records, same being in the
362362 approximate centerline of aforesaid Old Dorchester Road;
363363 THENCE North 14 deg. 25 min. 48 sec. West, along the common line of
364364 said TLS tract (2017-27765) and said Head tract, same being the
365365 approximate centerline of said Old Dorchester Road, passing the
366366 Northeast corner of said Head tract, same being the Southeast
367367 corner of that certain tract of land conveyed to Greg A. Akins, by
368368 deed recorded in Volume 2263, Page 966, said Deed Records, and
369369 continuing along the common line of said TLS tract (2017-27765) and
370370 said Akins tract (Volume 2263, Page 966), same being in the
371371 approximate centerline of said Old Dorchester Road, a total
372372 distance of 1,472.90 feet to a 1/2 inch iron rod found for corner,
373373 same being the Southerly corner of that certain tract of land
374374 conveyed to Greg A. Akins and wife, J. Sue Akins, by deed recorded
375375 in Volume 2792, Page 423, said Deed Records;
376376 THENCE North 31 deg. 18 min. 57 sec. East, along the common line of
377377 said TLS tract (2017-27765) and said Akins tract (Volume 2792, Page
378378 423), same being the approximate centerline of said Old Dorchester
379379 Road, a distance of 330.93 feet to a nail found for corner, same
380380 being in the West corner of that certain tract of land conveyed to
381381 Travis W. Norris and wife, Tammy Norris, by deed recorded in Volume
382382 5622, Page 745, said Deed Records;
383383 THENCE along the common line of said TLS tract (2017-27765) and said
384384 Norris tract as follows:
385385 South 58 deg. 39 min. 44 sec. East, a distance of 725.99 feet to a
386386 1/2 inch iron rod with yellow cap found for internal corner, same
387387 being the South corner of said Norris tract;
388388 North 31 deg. 17 min. 15 sec. East, a distance of 299.88 feet to a
389389 1/2 inch iron rod with yellow cap found for internal corner, same
390390 being the East corner of said Norris tract;
391391 North 58 deg. 39 min. 31 sec. West, a distance of 725.79 feet to a
392392 nail found for corner, same being the North corner of said Norris
393393 tract, same being in the approximate centerline of said Old
394394 Dorchester Road, same being in the Southeasterly line of aforesaid
395395 Akins tract (Volume 2792, Page 423);
396396 THENCE North 31 deg. 18 min. 16 sec. East, along the common line of
397397 said TLS tract (2017-27765) and said Akins tract (Volume 2792, Page
398398 423), same being the approximate centerline of said Old Dorchester
399399 Road, a distance of 324.82 feet to a nail found for internal corner,
400400 same being the Easterly corner of said Akins tract (Volume 2792,
401401 Page 423), same being in the intersection of said Old Dorchester
402402 Road and Rockport Road (prescriptive right-of-way);
403403 THENCE North 81 deg. 18 min. 50 sec. West, along the common line of
404404 said TLS tract (2017-27765) and said Akins tract (Volume 2792, Page
405405 423), same being the approximate centerline of said Rockport Road,
406406 a distance of 185.87 feet to a point for corner, same being a
407407 Southerly corner of that certain tract of land conveyed to Oscar
408408 Husky Estate, by deed recorded in Volume 626, Page 473, said Deed
409409 Records;
410410 THENCE along the common line of said TLS tract (2017-27765) and said
411411 Husky tract as follows:
412412 North 05 deg. 26 min. 14 sec. East, a distance of 59.18 feet to an
413413 angle point;
414414 North 52 deg. 03 min. 20 sec. East, a distance of 30.07 feet to an
415415 angle point;
416416 North 11 deg. 38 min. 16 sec. East, a distance of 57.12 feet to an
417417 angle point;
418418 North 70 deg. 04 min. 16 sec. East, a distance of 29.09 feet to an
419419 angle point;
420420 South 48 deg. 46 min. 02 sec. East, a distance of 14.38 feet to an
421421 angle point;
422422 North 31 deg. 17 min. 03 sec. East, a distance of 38.55 feet to an
423423 angle point;
424424 North 07 deg. 25 min. 20 sec. West, a distance of 32.71 feet to an
425425 angle point;
426426 North 68 deg. 01 min. 45 sec. West, a distance of 21.18 feet to an
427427 angle point;
428428 North 26 deg. 16 min. 44 sec. East, a distance of 47.54 feet to an
429429 angle point;
430430 North 03 deg. 32 min. 56 sec. East, a distance of 24.51 feet to an
431431 angle point;
432432 North 31 deg. 32 min. 33 sec. East, a distance of 97.23 feet to an
433433 angle point;
434434 North 11 deg. 07 min. 33 sec. West, a distance of 40.09 feet to an
435435 angle point;
436436 North 63 deg. 40 min. 55 sec. East, a distance of 30.81 feet to an
437437 angle point;
438438 South 66 deg. 04 min. 31 sec. East, a distance of 62.82 feet to an
439439 angle point;
440440 North 64 deg. 06 min. 15 sec. East, a distance of 18.57 feet to an
441441 angle point;
442442 North 15 deg. 10 min. 19 sec. East, a distance of 121.76 feet to an
443443 angle point;
444444 North 35 deg. 28 min. 24 sec. West, a distance of 46.86 feet to an
445445 angle point;
446446 North 49 deg. 13 min. 59 sec. East, a distance of 25.57 feet to an
447447 angle point;
448448 North 13 deg. 45 min. 42 sec. West, a distance of 26.92 feet to an
449449 angle point;
450450 North 49 deg. 43 min. 51 sec. East, a distance of 14.26 feet to an
451451 angle point;
452452 North 83 deg. 42 min. 04 sec. East, a distance of 16.90 feet to an
453453 angle point;
454454 North 52 deg. 14 min. 49 sec. East, a distance of 24.84 feet to an
455455 angle point;
456456 North 75 deg. 25 min. 35 sec. East, a distance of 21.34 feet to an
457457 angle point;
458458 North 38 deg. 52 min. 04 sec. East, a distance of 25.64 feet to an
459459 angle point;
460460 North 30 deg. 42 min. 08 sec. West, a distance of 36.25 feet to an
461461 angle point;
462462 North 13 deg. 04 min. 20 sec. East, a distance of 15.83 feet to an
463463 angle point;
464464 North 67 deg. 57 min. 13 sec. East, a distance of 28.93 feet to an
465465 angle point;
466466 North 14 deg. 29 min. 10 sec. East, a distance of 22.99 feet to an
467467 angle point;
468468 North 30 deg. 44 min. 13 sec. West, a distance of 62.60 feet to an
469469 angle point;
470470 North 44 deg. 11 min. 04 sec. East, a distance of 17.39 feet to an
471471 angle point;
472472 North 87 deg. 21 min. 15 sec. East, a distance of 52.43 feet to an
473473 angle point;
474474 North 47 deg. 25 min. 46 sec. East, a distance of 66.28 feet to an
475475 angle point;
476476 North 31 deg. 13 min. 07 sec. East, a distance of 47.82 feet to an
477477 angle point;
478478 North 09 deg. 07 min. 01 sec. East, a distance of 80.54 feet to an
479479 angle point;
480480 South 72 deg. 04 min. 44 sec. East, a distance of 29.73 feet to an
481481 angle point;
482482 North 52 deg. 20 min. 27 sec. East, a distance of 39.02 feet to a
483483 point for corner, same being the Southwest corner of that certain
484484 tract of land conveyed as Tract 1 to Reginald B. Smith, Sr., by deed
485485 recorded in Instrument No. 2018-7027, aforesaid Official Public
486486 Records;
487487 THENCE South 43 deg. 03 min. 16 sec. East, along the common line of
488488 said TLS tract (2017-27765) and said Tract 1, a distance of 256.95
489489 feet to a 1/2 inch iron rod set with "Peiser & Mankin SURV" red
490490 plastic cap (hereinafter referred to as 1/2 inch iron rod set) for
491491 corner, same being the South corner of said Tract 1, same being in
492492 the approximate centerline of aforesaid Old Dorchester Road;
493493 THENCE North 47 deg. 07 min. 49 sec. East, continuing along the
494494 common line of said TLS tract (2017-27765) and said Tract 1, same
495495 being the approximate centerline of said Old Dorchester Road,
496496 passing the approximate centerline of said Old Dorchester Road,
497497 continuing along the common line of said TLS tract (2017-27765) and
498498 said Tract 1, a total distance of 968.76 feet to a 1/2 inch iron rod
499499 found for the most Northerly Northeast corner of said TLS tract
500500 (2017-27765), same being in the Westerly line of aforesaid North
501501 Tract;
502502 THENCE North 16 deg. 06 min. 36 sec. West, continuing along the
503503 common line of said TLS tract (2017-27765) and said Tract 1, passing
504504 the approximate centerline of said Old Dorchester Road, and
505505 continuing along the common line of said TLS tract (2017-27765) and
506506 said Tract 1, a total distance of 573.78 feet to a 1/2 inch iron rod
507507 set for the most Westerly Northwest corner of said North Tract, same
508508 being the Northeast corner of said Smith tract, same being in the
509509 Southerly line of that certain tract of land conveyed as "Tract 2"
510510 to Reginald B. Smith, SR., by said deed recorded in Instrument
511511 No. 2018-7027, said Official Public Records;
512512 THENCE North 75 deg. 41 min. 06 sec. East, along the common line of
513513 said TLS tract (2017-27765) and said Tract 2, passing the
514514 approximate centerline of aforesaid Old Dorchester Road, and
515515 continuing along the common line of said TLS tract (2017- 27765) and
516516 said Tract 2, same being the approximate centerline of aforesaid
517517 Old Dorchester Road, passing the Southeast corner of said Tract 2,
518518 same being the Southwest corner of that certain tract of land
519519 conveyed to Reginald B. Smith, SR., by deed recorded in Volume 1147,
520520 Page 682, said Deed Records, and continuing along the common line of
521521 said TLS tract (2017- 27765) and said Smith tract (Volume 1147, Page
522522 682), same being the approximate centerline of said Old Dorchester
523523 Road, a total distance of 1,736.90 feet to a 1/2 inch iron rod set
524524 for corner, same being a Westerly corner of aforesaid TLS tract
525525 (2017- 27771);
526526 THENCE along the common line of said TLS tract (2017-27771) and said
527527 Smith tract (Volume 1147, Page 682), same being the approximate
528528 centerline of said Old Dorchester Road as follows:
529529 North 60 deg. 18 min. 29 sec. East, a distance of 25.44 feet to a
530530 point for angle point;
531531 North 60 deg. 19 min. 06 sec. East, a distance of 700.00 feet to a
532532 1/2 inch iron rod set for angle point;
533533 North 53 deg. 15 min. 03 sec. East, a distance of 589.19 feet to an
534534 angle point; North 38 deg. 20 min. 15 sec. East, a distance of
535535 420.18 feet to an angle point; North 08 deg. 03 min. 54 sec. West, a
536536 distance of 641.82 feet to an angle point;
537537 North 55 deg. 30 min. 26 sec. East, a distance of 251.79 feet to a
538538 point for corner, same being the most Easterly Southeast corner of
539539 said Smith tract (Volume 1147, Page 682);
540540 THENCE North 14 deg. 23 min. 36 sec. West, continuing along the
541541 common line of said TLS tract (2017-27771) and said Smith tract
542542 (Volume 1147, Page 682), a distance of 3,228.79 feet to a point for
543543 the most Northerly Northwest corner of said TLS tract (2017-27771),
544544 same being in the approximate centerline of aforesaid OB Groner
545545 Road, same being in the Southerly line of Western Acres Addition
546546 Installment No. 2, an addition to Grayson County, Texas, according
547547 to the plat thereof recorded in Volume 6, Page 12, Plat Records,
548548 Grayson County, Texas;
549549 THENCE North 74 deg. 53 min. 30 sec. East, along the common line of
550550 said TLS tract (2017-27771) and said Western Acres Addition
551551 Installment No. 2, same being the approximate centerline of said OB
552552 Groner Road, passing the Southeast corner of said Western Acres
553553 Addition Installment No. 2, same being the Southwest corner of
554554 aforesaid Quach tract, and continuing along the common line of said
555555 TLS tract (2017-27771) and said Quach tract, same being the
556556 approximate centerline of said OB Groner Road, a total distance of
557557 479.91 feet to the POINT OF BEGINNING and containing 587.056 acres
558558 of computed land, more or less.
559559 SOUTH TRACT:
560560 BEING all that certain tract of land situated in the ROBERT
561561 THOMPSOIV SURVEY, ABSTRACT NO. 1199 and the WILLIAM MARTIN SURVEY,
562562 ABSTRACT NO. 765, Grayson County, Texas, and being all that certain
563563 tract of land conveyed as "South Tract" to TLS Investments, L.P., by
564564 deed recorded in Instrument No. 2017-27776, Official Public
565565 Records, Grayson County, Texas, and being more particularly
566566 described as follows:
567567 BEGINNING at a railroad spike found for the Northeast corner of said
568568 South Tract, same being in the Southerly right-of-way line of Red
569569 River, Texas & Southern Railway Co., as described in deed recorded
570570 in Volume 136, Page 531, Deed Records, Grayson County, Texas, same
571571 being the Northwest corner of that certain tract of land conveyed to
572572 Jeremy Schmitz (no recording information available);
573573 THENCE South 19 deg. 11 min. 10 see. West, along the common line of
574574 said South Tract and said Schmitz tract, a distance of 1097.06 feet
575575 to a point for the Southeast corner of said South Tract, same being
576576 the most Southerly corner of said Schmitz tract, same being the most
577577 Easterly corner of that certain tract of land conveyed to Sue Talley
578578 Reeves, Trustee of Sue Talley Revocable Trust, by deed recorded in
579579 Volume 4370, Page 447, said Deed Records, same being the
580580 approximate centerline of a creek;
581581 THENCE along the common line of said South Tract and said Reeves
582582 tract as follows:
583583 North 81 deg. 20 min. 09 sec. West, a distance of 284.55 feet to a
584584 point in creek;
585585 South 70 deg. 40 min. 21 sec. West, a distance of 102.27 feet to a
586586 point in creek;
587587 North 75 deg. 11 min. 59 sec. West, a distance of 127.59 feet to a
588588 point in creek;
589589 North 51 deg. 45 min. 23 sec. West, a distance of 220.29 feet to a
590590 point in creek;
591591 North 79 deg. 12 min. 46 sec. West, a distance of 86.47 feet to a
592592 point in creek;
593593 North 41 deg, 30 min. 50 sec. West, a distance of 378.26 feet to a
594594 point in creek;
595595 North 79 deg. 02 min. 33 sec. West, a distance of 214.43 feet to a
596596 point in creek;
597597 North 36 deg. 39 min. 21 sec. East, a distance of 222.74 feet to a
598598 point in creek;
599599 North 77 deg. 28 min. 04 sec. West, a distance of 160.13 feet to a
600600 point in creek;
601601 North 67 deg. 02 min. 46 sec. West, a distance of 317.96 feet to a
602602 point in creek;
603603 North 20 deg. 07 min. 28 sec. West, a distance of 96.72 feet to a
604604 point in creek;
605605 South 59 deg. 24 min. 07 sec. West, a distance of 230.86 feet to a
606606 point in creek;
607607 North 74 deg. 29 min. 54 sec. West, a distance of 54.23 feet to a
608608 point in creek;
609609 North 01 deg. 17 min. 08 sec. East, a distance of 125.00 feet to a
610610 point in creek;
611611 North 47 deg. 10 min. 46 sec. West, a distance of 142.35 feet to a
612612 point in creek;
613613 South 45 deg. 49 min. 53 sec. West, a distance of 104.40 feet to a
614614 point in creek;
615615 North 73 deg. 20 min. 39 sec. West, a distance of 120.57 feet to a
616616 point in creek;
617617 South 77 deg. 23 min. 53 sec. West, a distance of 109.21 feet to a
618618 point in creek;
619619 South 35 deg. 55 min. 55 sec. West, a distance of 133.45 feet to a
620620 point in creek;
621621 South 70 deg. 40 min. 06 sec. West, a distance of 370.67 feet to a
622622 point in creek;
623623 North 82 deg. 15 min. 21 sec. West, a distance of 132.27 feet to a
624624 point in creek;
625625 South 27 deg. 21 min. 12 sec. West, a distance of 129.88 feet to a
626626 point in creek;
627627 South 85 deg. 44 min. 18 sec. West, a distance of 228.14 feet to a
628628 point in creek;
629629 South 14 deg. 08 min. 19 sec. west, a distance of 58.86 feet to a
630630 point in creek;
631631 South 50 deg. 05 min. 29 sec. West, a distance of 87.89 feet to a
632632 point in creek;
633633 North 83 deg. 09 min. 16 sec. West, a distance of 178.46 feet to a
634634 point in creek;
635635 South 19 deg. 19 min. 45 sec. West, a distance of 103.44 feet to a
636636 point in creek;
637637 South 59 deg. 19 min. 52 sec. West, a distance of 32.75 feet to a
638638 point in creek for the Southwest corner of said South Tract; North
639639 15 deg. 06 min. 19 sec. West, a distance of 373.73 feet to a point
640640 for the Northwest corner of said South Tract, same being a Northeast
641641 corner of said Reeves tract, same being in the Southerly
642642 right-of-way line of aforesaid Railroad;
643643 THENCE along the common line of said South Tract and said Railroad
644644 as follows:
645645 North 71 deg. 54 min. 14 sec. East, a distance of 790.40 feet to a
646646 point for the beginning of a curve to the right, having a radius of
647647 3048.25 feet and a central angle of 23 deg. 46 min. 05 sec.;
648648 Along said curve to the right, an arc distance of 1265.43 feet and a
649649 chord bearing and distance of North 83 deg. 18 min. 40 sec. East,
650650 1256.38 feet to a point for angle point;
651651 South 84 deg. 48 min. 11 sec. East, a distance of 1853.44 feet to the
652652 POINT OF BEGINNING and containing 45.755 acres of computed land,
653653 more or less.
654654 SECTION 3. (a) The legal notice of the intention to
655655 introduce this Act, setting forth the general substance of this
656656 Act, has been published as provided by law, and the notice and a
657657 copy of this Act have been furnished to all persons, agencies,
658658 officials, or entities to which they are required to be furnished
659659 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
660660 Government Code.
661661 (b) The governor, one of the required recipients, has
662662 submitted the notice and Act to the Texas Commission on
663663 Environmental Quality.
664664 (c) The Texas Commission on Environmental Quality has filed
665665 its recommendations relating to this Act with the governor, the
666666 lieutenant governor, and the speaker of the house of
667667 representatives within the required time.
668668 (d) All requirements of the constitution and laws of this
669669 state and the rules and procedures of the legislature with respect
670670 to the notice, introduction, and passage of this Act are fulfilled
671671 and accomplished.
672672 SECTION 4. (a) If this Act does not receive a two-thirds
673673 vote of all the members elected to each house, Subchapter C, Chapter
674674 8000A, Special District Local Laws Code, as added by Section 1 of
675675 this Act, is amended by adding Section 8000A.0307 to read as
676676 follows:
677677 Sec. 8000A.0307. NO EMINENT DOMAIN POWER. The district may
678678 not exercise the power of eminent domain.
679679 (b) This section is not intended to be an expression of a
680680 legislative interpretation of the requirements of Section 17(c),
681681 Article I, Texas Constitution.
682682 SECTION 5. This Act takes effect September 1, 2023.