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Texas House Bill HB5655

Texas 2025 - 89th Regular

Texas House Bill HB5655 Compare Versions

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11 89R20717 MP-F
22 By: Gates H.B. No. 5655
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the creation of the Fort Bend County Water Control and
1010 Improvement District No. 13; granting a limited power of eminent
1111 domain; providing authority to issue bonds; providing authority to
1212 impose assessments, fees, and taxes.
1313 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1414 SECTION 1. Subtitle I, Title 6, Special District Local Laws
1515 Code, is amended by adding Chapter 9095 to read as follows:
1616 CHAPTER 9095. FORT BEND COUNTY WATER CONTROL AND IMPROVEMENT
1717 DISTRICT NO. 13
1818 SUBCHAPTER A. GENERAL PROVISIONS
1919 Sec. 9095.0101. DEFINITIONS. In this chapter:
2020 (1) "Board" means the district's board of directors.
2121 (2) "Commission" means the Texas Commission on
2222 Environmental Quality.
2323 (3) "Director" means a board member.
2424 (4) "District" means the Fort Bend County Water
2525 Control and Improvement District No. 13.
2626 Sec. 9095.0102. NATURE OF DISTRICT. The district is a water
2727 control and improvement district created under Section 59, Article
2828 XVI, Texas Constitution.
2929 Sec. 9095.0103. CONFIRMATION AND DIRECTOR ELECTION
3030 REQUIRED. The temporary directors shall hold an election to
3131 confirm the creation of the district and to elect five permanent
3232 directors as provided by Section 49.102, Water Code.
3333 Sec. 9095.0104. CONSENT OF MUNICIPALITY REQUIRED. The
3434 temporary directors may not hold an election under Section
3535 9095.0103 until each municipality in whose corporate limits or
3636 extraterritorial jurisdiction the district is located has
3737 consented by ordinance or resolution to the creation of the
3838 district and to the inclusion of land in the district as required by
3939 applicable law.
4040 Sec. 9095.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
4141 (a) The district is created to serve a public purpose and benefit.
4242 (b) The district is created to accomplish the purposes of:
4343 (1) a water control and improvement district as
4444 provided by general law and Section 59, Article XVI, Texas
4545 Constitution, including the collection, transportation,
4646 processing, disposal, and control of domestic, industrial, or
4747 communal waste and the gathering, conducting, diverting, and
4848 control of local storm water or other harmful excesses of water; and
4949 (2) Section 52, Article III, Texas Constitution, that
5050 relate to the construction, acquisition, improvement, operation,
5151 or maintenance of macadamized, graveled, or paved roads, or
5252 improvements, including storm drainage, in aid of those roads.
5353 Sec. 9095.0106. INITIAL DISTRICT TERRITORY. (a) The
5454 district is initially composed of the territory described by
5555 Section 2 of the Act enacting this chapter.
5656 (b) The boundaries and field notes contained in Section 2 of
5757 the Act enacting this chapter form a closure. A mistake made in the
5858 field notes or in copying the field notes in the legislative process
5959 does not affect the district's:
6060 (1) organization, existence, or validity;
6161 (2) right to issue any type of bond for the purposes
6262 for which the district is created or to pay the principal of and
6363 interest on a bond;
6464 (3) right to impose a tax; or
6565 (4) legality or operation.
6666 SUBCHAPTER B. BOARD OF DIRECTORS
6767 Sec. 9095.0201. GOVERNING BODY; TERMS. (a) The district is
6868 governed by a board of five elected directors.
6969 (b) Except as provided by Section 9095.0202, directors
7070 serve staggered four-year terms.
7171 Sec. 9095.0202. TEMPORARY DIRECTORS. (a) The temporary
7272 board consists of:
7373 (1) Amanda Flynt;
7474 (2) Jason Scholtz;
7575 (3) Carlos Bujosa;
7676 (4) Regina Landreneau; and
7777 (5) Stephen Pheigaru.
7878 (b) Temporary directors serve until the earlier of:
7979 (1) the date permanent directors are elected under
8080 Section 9095.0103; or
8181 (2) the fourth anniversary of the effective date of
8282 the Act enacting this chapter.
8383 (c) If permanent directors have not been elected under
8484 Section 9095.0103 and the terms of the temporary directors have
8585 expired, successor temporary directors shall be appointed or
8686 reappointed as provided by Subsection (d) to serve terms that
8787 expire on the earlier of:
8888 (1) the date permanent directors are elected under
8989 Section 9095.0103; or
9090 (2) the fourth anniversary of the date of the
9191 appointment or reappointment.
9292 (d) If Subsection (c) applies, the owner or owners of a
9393 majority of the assessed value of the real property in the district
9494 may submit a petition to the commission requesting that the
9595 commission appoint as successor temporary directors the five
9696 persons named in the petition. The commission shall appoint as
9797 successor temporary directors the five persons named in the
9898 petition.
9999 SUBCHAPTER C. POWERS AND DUTIES
100100 Sec. 9095.0301. GENERAL POWERS AND DUTIES. The district
101101 has the powers and duties necessary to accomplish the purposes for
102102 which the district is created.
103103 Sec. 9095.0302. WATER CONTROL AND IMPROVEMENT DISTRICT
104104 POWERS AND DUTIES. The district has the powers and duties provided
105105 by the general law of this state applicable to water control and
106106 improvement districts created under Section 59, Article XVI, Texas
107107 Constitution, including Chapters 49 and 51, Water Code, and
108108 specifically including the powers and duties authorized under
109109 Subchapter H, Chapter 51, Water Code.
110110 Sec. 9095.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
111111 52, Article III, Texas Constitution, the district may design,
112112 acquire, construct, finance, issue bonds for, improve, operate,
113113 maintain, and convey to this state, a county, or a municipality for
114114 operation and maintenance macadamized, graveled, or paved roads, or
115115 improvements, including storm drainage, in aid of those roads.
116116 Sec. 9095.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
117117 road project must meet all applicable construction standards,
118118 zoning and subdivision requirements, and regulations of each
119119 municipality in whose corporate limits or extraterritorial
120120 jurisdiction the road project is located.
121121 (b) If a road project is not located in the corporate limits
122122 or extraterritorial jurisdiction of a municipality, the road
123123 project must meet all applicable construction standards,
124124 subdivision requirements, and regulations of each county in which
125125 the road project is located.
126126 (c) If the state will maintain and operate the road, the
127127 Texas Transportation Commission must approve the plans and
128128 specifications of the road project.
129129 Sec. 9095.0305. COMPLIANCE WITH MUNICIPAL CONSENT
130130 ORDINANCE OR RESOLUTION. The district shall comply with all
131131 applicable requirements of any ordinance or resolution that is
132132 adopted under Section 42.042 or 42.0425, Local Government Code, and
133133 consents to the creation of the district or to the inclusion of land
134134 in the district.
135135 Sec. 9095.0306. LIMITATION ON USE OF EMINENT DOMAIN. The
136136 district may not exercise the power of eminent domain outside the
137137 district boundaries to acquire a site or easement for:
138138 (1) a road project authorized by Section 9095.0303; or
139139 (2) a recreational facility as defined by Section
140140 49.462, Water Code.
141141 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
142142 Sec. 9095.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
143143 The district may issue, without an election, bonds and other
144144 obligations secured by:
145145 (1) revenue other than ad valorem taxes; or
146146 (2) contract payments described by Section 9095.0403.
147147 (b) The district must hold an election in the manner
148148 provided by Chapters 49 and 51, Water Code, to obtain voter approval
149149 before the district may impose an ad valorem tax or issue bonds
150150 payable from ad valorem taxes.
151151 (c) The district may not issue bonds payable from ad valorem
152152 taxes to finance a road project unless the issuance is approved by a
153153 vote of a two-thirds majority of the district voters voting at an
154154 election held for that purpose.
155155 Sec. 9095.0402. OPERATION AND MAINTENANCE TAX. (a) If
156156 authorized at an election held under Section 9095.0401, the
157157 district may impose an operation and maintenance tax on taxable
158158 property in the district in accordance with Section 49.107, Water
159159 Code.
160160 (b) The board shall determine the tax rate. The rate may not
161161 exceed the rate approved at the election.
162162 Sec. 9095.0403. CONTRACT TAXES. (a) In accordance with
163163 Section 49.108, Water Code, the district may impose a tax other than
164164 an operation and maintenance tax and use the revenue derived from
165165 the tax to make payments under a contract after the provisions of
166166 the contract have been approved by a majority of the district voters
167167 voting at an election held for that purpose.
168168 (b) A contract approved by the district voters may contain a
169169 provision stating that the contract may be modified or amended by
170170 the board without further voter approval.
171171 SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
172172 Sec. 9095.0501. AUTHORITY TO ISSUE BONDS AND OTHER
173173 OBLIGATIONS. The district may issue bonds or other obligations
174174 payable wholly or partly from ad valorem taxes, impact fees,
175175 revenue, contract payments, grants, or other district money, or any
176176 combination of those sources, to pay for any authorized district
177177 purpose.
178178 Sec. 9095.0502. TAXES FOR BONDS. At the time the district
179179 issues bonds payable wholly or partly from ad valorem taxes, the
180180 board shall provide for the annual imposition of a continuing
181181 direct ad valorem tax, without limit as to rate or amount, while all
182182 or part of the bonds are outstanding as required and in the manner
183183 provided by Chapter 51, Water Code.
184184 Sec. 9095.0503. BONDS FOR ROAD PROJECTS. At the time of
185185 issuance, the total principal amount of bonds or other obligations
186186 issued or incurred to finance road projects and payable from ad
187187 valorem taxes may not exceed one-fourth of the assessed value of the
188188 real property in the district.
189189 Sec. 9095.0504. BONDS FOR RECREATIONAL FACILITIES. (a)
190190 The district may develop recreational facilities and issue bonds
191191 for recreational facilities as provided by Chapter 49, Water Code,
192192 regardless of whether the district's territory overlaps with the
193193 territory of a political subdivision that is authorized to develop
194194 recreational facilities and issue bonds for recreational
195195 facilities under Chapter 49, Water Code.
196196 (b) The authority of the district to develop recreational
197197 facilities and issue bonds for recreational facilities under this
198198 section does not limit the authority of another political
199199 subdivision whose territory the territory of the district may
200200 overlap, wholly or partly, to develop recreational facilities and
201201 issue bonds for recreational facilities under Chapter 49, Water
202202 Code.
203203 SECTION 2. The Fort Bend County Water Control and
204204 Improvement District No. 13 initially includes all the territory
205205 contained in the following area:
206206 Being 911.580 acre (39,708,433 square feet) of land located
207207 in the William Andrews Survey, Abstract 3 and the Samuel Isaacs
208208 Survey, Abstract 35, Fort Bend County, Texas, more particularly
209209 being all of that certain called 606.445 acre tract conveyed to
210210 TPHTL Hatcher, LLC by an instrument of record under File Number
211211 2024096632 of the Official Public Records of Fort Bend County,
212212 Texas (F.B.C.O.P.R.), all of that certain called 3.494 acre tract
213213 conveyed to Tri Pointe Homes Texas, Inc by an instrument of record
214214 under File Number 2024112084, F.B.C.O.P.R., all of that certain
215215 called 259.343 acre tract conveyed to TPHTL Hatcher, LLC by an
216216 instrument of record under File Number 2024096642, F.B.C.O.P.R.,
217217 all of that certain called 9.980 acre tract conveyed to TPHTL
218218 Hatcher, LLC by an instrument of record under File Number
219219 2024096679, F.B.C.O.P.R., all of that certain called 35.203 acre
220220 tract conveyed to TPHTL Hatcher, LLC by an instrument of record
221221 under File Number 2024096653, F.B.C.O.P.R. a portion of which being
222222 all of PECAN HOLLOW SUBDIVISION, a subdivision of record under
223223 Slide No. 1960A of the Fort Bend County Plat Records (F.B.C.P.R.),
224224 all of that certain called 10.4577 acre tract conveyed to TPHTL
225225 Hatcher, LLC by an instrument of record under File Number
226226 20240996640, F.B.C.O.P.R., said 911.580 acre tract being more
227227 particularly described by metes and bounds as follows (all bearings
228228 referenced to the Texas Coordinate System, South Central Zone,
229229 NAD83 (NA2011) Epoch 2010.00):
230230 BEGINNING at a 5/8-inch iron rod with cap stamped "1535-4035"
231231 found for the southwest corner of that certain called 355.322 acre
232232 conveyed to the Henderson-Wessendorff Foundation by an instrument
233233 of record under File Number 2012006686, F.B.C.O.P.R., same being an
234234 interior corner on the north line of said 606.445 acre tract, said
235235 corner being an angle point on a boundary line agreement of record
236236 in Volume 603, Page 13, of the Deed Records of Fort Bend County,
237237 Texas, (F.B.C.D.R.), and on the apparent east line of said William
238238 Andrews Survey and the apparent west line of the Samuel Isaacs
239239 Survey;
240240 Thence, South 79° 25' 45" East, along the northerly line of
241241 said 606.445 acre tract and the southerly line of said 355.322 acre
242242 tract, 721.43 feet to a 5/8-inch iron rod found for an angle point
243243 of said boundary line agreement;
244244 Thence, South 88° 14' 00" East, continuing along the northerly
245245 line of said 606.445 acre tract and the southerly line of said
246246 355.322 acre tract, 1,138.98 feet to a 5/8-inch iron rod with cap
247247 stamped "MILLER SURVEY SURVEY" found marking an angle point of said
248248 boundary line agreement;
249249 Thence, South 64° 49' 13" East, continuing along the northerly
250250 line of said 606.445 acre tract and the southerly line of said
251251 355.322 acre tract, 2,465.21 feet to a 5/8-inch iron rod found
252252 marking an angle point of said boundary line agreement and the
253253 southeast corner of said 355.322 acre tract, same being the
254254 southwest corner of that certain called 77.173 acre tract conveyed
255255 to Joe C. Wessendorff by an instrument of record under Volume 1995,
256256 Page 2003, F.B.C.D.R.;
257257 Thence, North 69°40'27" East, continuing along the Northerly
258258 line of said 606.445 acre tract and the southerly line of said
259259 77.173 acre tract, a distance of 644.77 feet to a 5/8-inch iron rod
260260 with cap stamped "1535-4035" found for corner, from which a found
261261 leaning 1-inch iron bolt bears South 29°12'57" East, distance of
262262 1.40 feet;
263263 Thence, South 86°32'25" East, continuing along the Northerly
264264 line of said 606.445 acre tract and the southerly line of said
265265 77.173 acre tract, a distance of 1,341.27 feet to a 5/8-inch iron
266266 rod found for the northeast corner of said 606.445 acre tract and
267267 the southeast corner of said 77.173 acre tract, lying on the west
268268 right-of-way line of Holmes Road (width varies) as shown on LAKES OF
269269 MISSION GROVE SECTION ONE, a subdivision per plat recorded under
270270 Slide Number 1945A, of the Plat Records of Fort Bend County, Texas,
271271 (F.B.C.P.R.);
272272 Thence, South 02°12'49" East, along the east line of said
273273 606.445 acre tract and the West right-of-way line of said Holmes
274274 Road, a distance of 383.77 feet to a 5/8-inch iron rod with cap
275275 stamped "1535/4035" found for an easterly corner of said 606.445
276276 acre tract and the northeast corner of that certain called 2.265
277277 acre tract conveyed to David H. Kendrick and Wife, Debra Kelly
278278 Kendrick by an instrument of record under File Number 2018112388,
279279 F.B.C.O.P.R.;
280280 Thence, South 88°17'00" West, along and with a southerly line
281281 of said 606.445 acre tract and the north lines of said 2.265 acre
282282 tract and that certain called 2.0 acre tract conveyed to Ronald P.
283283 Frawley and Wife, Suzanne L. Frawley by an instrument of record
284284 under File Number 2018112392, F.B.C.O.P.R., a distance of 571.13
285285 feet to an interior corner of said 606.445 acre tract and the
286286 northwest corner of said 2.0 acre tract, from which a found 5/8-inch
287287 iron rod with cap stamped "1535/4035" bears North 81°52'20" East, a
288288 distance of 0.33 feet;
289289 Thence, South 02°17'46" East, along an easterly line of the
290290 said 606.445 acre tract and the west line of said 2.0 acre tract, a
291291 distance of 325.02 feet to a 5/8-inch iron rod with cap stamped
292292 "MILLER SURVEY" found for the southwest corner of said 2.0 acre
293293 tract and an easterly corner of the said 606.445 acre tract, lying
294294 on the north line of that certain called 7.9395 acre tract conveyed
295295 to R. Steven Hicks & Wife Sondra Martin Hicks by an instrument of
296296 record under File Number 1999014492, F.B.C.O.P.R.;
297297 Thence, South 88°16'19" West, along a southerly line of the
298298 said 606.445 acre tract and the north line of said 7.9395 acre
299299 tract, a distance of 673.38 feet to a 5/8-inch iron rod with cap
300300 stamped "MILLER SURVEY" found for an interior corner of said
301301 606.445 acre tract and the northwest corner of said 7.9395 acre
302302 tract;
303303 Thence, South 02°16'13" East, along an easterly line of the
304304 said 606.445 acre tract and the west line of said 7.9395 acre tract,
305305 a distance of 281.02 feet to a 1/2-inch iron pipe found for an
306306 interior corner of said 606.445 acre tract and the southwest corner
307307 of said 7.9395 acre tract;
308308 Thence, along the northerly lines of the said 606.445 acre
309309 tract and the southerly lines of said 7.9395 acre tract, the
310310 following five (5) courses and distances:
311311 North 88°10'19" East, a distance of 389.40 feet to a 1/2-inch
312312 iron pipe found for an interior corner of said 606.445 acre tract;
313313 North 01°49'41" West, a distance of 19.00 feet to a 1/2-inch
314314 iron pipe found for corner;
315315 North 88°10'19" East, a distance of 140.64 feet to a point for
316316 corner;
317317 South 01°49'41" East, a distance of 19.00 feet to a 1/2-inch
318318 iron pipe found for an interior corner of said 606.445 acre tract;
319319 North 88°10'19" East, a distance of 714.81 feet to a mag nail
320320 found for an easterly corner of said 606.445 acre tract and the
321321 southeast corner of said 7.9395 acre tract, lying on the west
322322 right-of-way line of said Holmes Road;
323323 Thence, South 02°17'56" East, along an easterly line of said
324324 606.445 acre tract and said 35.203 acre tract and the west
325325 right-of-way line of said Holmes Road, a distance of 1,200.06 feet
326326 to the most easterly southeast corner of said 35.203 acre tract and
327327 the northeast corner of that certain called 15.00 acre tract
328328 conveyed to R.M. Derden by an instrument of record under Volume 485,
329329 Page 750, F.B.C.D.R.;
330330 Thence, South 88°06'47" West, along a southerly line of said
331331 35.203 acre tract and the north line of said 15.00 acre tract and
332332 along the north line of that certain called 2.555 acre tract
333333 conveyed to Janet Hennessey and Pat Hennessey by an instrument of
334334 record in Volume 597, Page 33, F.B.C.D.R., a distance of 1,245.46
335335 feet to the northwest corner of said 2.555 acre tract, same being an
336336 interior corner of said 35.203 acre tract , and lying on the east
337337 line of said PECAN HOLLOW SUBDIVISION;
338338 Thence, South 02°20'08" East, along an easterly line of said
339339 35.203 acre tract and said PECAN HOLLOW SUBDIVISION and the west
340340 line of said 15.00 acre tract, a distance of 525.20 feet to a
341341 1/2-inch iron pipe found for the most southerly southeast corner of
342342 said 35.203 acre tract and the southeast corner of said PECAN HOLLOW
343343 SUBDIVISION, same being the southwest corner of said 15.00 acre
344344 tract, lying on the north right-of-way line of Wessendorff Road (60
345345 feet wide) described in Volume 2349, Page 35, F.B.C.D.R.;
346346 Thence, South 88°05'29" West, along a southerly line of said
347347 35.203 acre tract and said PECAN HOLLOW SUBDIVISION and the north
348348 right-of-way line of said Wessendorf Road distance of 700.19 feet
349349 to a 1/2-inch iron pipe found for the southwest corner of said
350350 35.203 acre tract and said PECAN HOLLOW SUBDIVISION, same being the
351351 north end of the western terminus of said Wessendorf Road and an
352352 easterly angle point of said 606.445 acre tract, from which a found
353353 5/8-inch iron rod with cap stamped "1535" bears North 45°05'08"
354354 West, a distance of 0.18 feet;
355355 Thence, South 15°21'07" West, along an easterly line of said
356356 606.445 acre tract and the western terminus of said Wessendorf
357357 Road, a distance of 63.00 feet to a 1-inch iron pipe found for an
358358 interior corner of said 606.445 acre tract and the south end of the
359359 western terminus of said Wessendorf Road;
360360 Thence, North 88°04'25" East, along a northerly line of said
361361 606.445 acre tract and the south right-of-way of said Wessendorf
362362 Road, a distance of 260.89 feet to a 5/8-inch iron rod with cap
363363 found for an easterly corner of said 606.445 acre tract and the
364364 northwest corner of that certain called 10.25 acre tract conveyed
365365 to Gregory J. Harris by an instrument of record under File Number
366366 2000078502, F.B.C.O.P.R.;
367367 Thence, South 02°41'49" East, along an easterly line of said
368368 606.445 acre tract and the west line of said 10.25 acre tract, a
369369 distance of 935.37 feet to a 5/8-inch iron rod with cap stamped
370370 "1535/4035" found for an interior corner of said 606.445 acre tract
371371 and the southwest corner of said 10.25 acre tract;
372372 Thence, North 87°13'57" East, along a northerly line of said
373373 606.445 acre tract and the south line of said 10.25 acre tract, a
374374 distance of 305.37 feet to a 5/8-inch iron rod with cap stamped
375375 "1535/4035" found for an easterly corner of said 606.445 acre tract
376376 and the southeast corner of said 10.25 acre tract;
377377 Thence, South 04°34'03" East, along an easterly line of said
378378 606.445 acre tract, a distance of 69.88 feet to a 1-inch iron pipe
379379 found for the southeast corner of said 606.445 acre tract, said
380380 point lying on a northerly line of the aforementioned 259.343 acre
381381 tract;
382382 Thence, North 87°16'40" East, along a northerly line of the
383383 aforementioned 259.343 acre tract, a distance of 7.77 feet to a
384384 5/8-inch iron rod with cap stamped "1535/4035" found for the
385385 northeast corner of said 259.343 acre tract, said point being on the
386386 west line of that certain called 1.3718 acre tract conveyed to
387387 William Limner, Martin Dawson and Pamela M. Dawson by an instrument
388388 of record under Document Number 9630713, F.B.C.O.P.R., said point
389389 lying on the west right-of-way line of Robertson Road (Width
390390 Varies)
391391 Thence, South 03°29'38" East, along the east line of said
392392 259.343 acre tract and the west lines of said 1.3718 acre tract,
393393 that certain called 1.37 acre tract conveyed to David Wayne Green
394394 and Janice Elaine Green by an instrument of record under Volume
395395 2194. Page 280, F.B.C.D.R., that certain called 2.28 acre tract
396396 conveyed to Michael Moore and Kimberly Moore by an instrument of
397397 record under File Number 2003075085, F.B.C.O.P.R., that certain
398398 called 2.0994 acre tract conveyed to James Arthur Marshall, Sr. and
399399 Luella Jane Marshall by an instrument of record under File Number
400400 2003145106, F.B.C.O.P.R., that certain called 2.0966 acre tract
401401 conveyed to Colin Lauder by an instrument of record under File
402402 Number 2009087267, F.B.C.O.P.R., that certain called 2.0583 acre
403403 tract conveyed to Colin Lauder by an instrument of record under File
404404 Number 2020022209, F.B.C.O.P.R., and that certain called 1.9817
405405 acre tract conveyed to Johnathan K. Wiedenfeld and Sandra H.
406406 Wiedenfeld by an instrument of record under File Number 2004097643,
407407 F.B.C.O.P.R., a distance of 1,336.39 feet to a 1/2-inch iron pipe
408408 found for the southeast corner of said 259.343 acre tract and the
409409 southwest corner 1.9817 acre tract, lying on the north line of
410410 Meadow Forest Lane (60 feet wide), as described in Volume 636, Page
411411 719, F.B.C.D.R., and the north line of MEADOW FOREST, an unplatted
412412 subdivision;
413413 Thence, South 87°22'54" West, along the north line of said
414414 Meadow Forest, a distance of 597.20 feet to a point for the
415415 northwest corner of that certain called 0.5116 acre tract conveyed
416416 to James Hearn by an instrument of record under File Number
417417 2022059390, F.B.C.O.P.R.;
418418 Thence, South 02°39'35" West, along a west line of said Meadow
419419 Forest and said 0.5116 acre tract, a distance of 102.03 feet to an
420420 angle point on the west line of said 0.5116 acre tract and said
421421 259.343 acre tract, said point being on the north line of Woods Edge
422422 Estates Section Two, an unplatted subdivision;
423423 Thence, South 87°10'44" West, along the south line of said
424424 259.343 acre tract common to the north line of Woods Edge Estates
425425 Section Two, a distance of 2,274.25 feet to the centerline of Jones
426426 Creek (a variable width ROW easement granted to Brazos River
427427 Authority by instruments of record under Volume 602, Page 694 and
428428 Volume 602, Page 705, F.B.C.D.R.), said point lying on the
429429 northeasterly line of Woods Edge Estates Section Three, an
430430 unplatted subdivision;
431431 Thence, along the centerline of Jones Creek, the south line
432432 of said 253.343 acre tract, and the northeasterly line of Woods Edge
433433 Estates Section Three, the following seventeen (17) courses and
434434 distances:
435435 North 09°44'16" West, a distance of 185.60 feet;
436436 North 34°43'02" West, a distance of 210.93 feet;
437437 North 65°42'06" West, a distance of 132.88 feet;
438438 North 70°03'52" West, a distance of 208.72 feet;
439439 North 81°33'27" West, a distance of 195.93 feet;
440440 North 89°24'40" West, a distance of 162.61 feet;
441441 South 87°34'08" West, a distance of 196.48 feet;
442442 South 76°11'39" West, a distance of 127.07 feet;
443443 South 61°47'37" West, a distance of 141.38 feet;
444444 South 55°25'12" West, a distance of 422.62 feet;
445445 South 67°02'38" West, a distance of 133.62 feet;
446446 South 78°21'23" West, a distance of 134.93 feet;
447447 South 84°36'34" West, a distance of 145.04 feet;
448448 North 85°11'23" West, a distance of 167.79 feet;
449449 North 80°52'38" West, a distance of 340.21 feet;
450450 North 75°29'15" West, a distance of 845.82 feet;
451451 North 58°06'51" West, a distance of 52.86 feet to the most
452452 easterly southeast corner of the aforementioned 9.980 acre tract
453453 and the northwest corner of said PECAN CREEK;
454454 Thence, South 05°33'44" West, along an easterly line of said
455455 9.980 acre tract and the west line of said PECAN CREEK, a distance
456456 of 42.14 feet to a 1/2-inch iron rod with cap found for the most
457457 southerly southeast corner of said 9.980 acre tract and the
458458 northeast corner of that certain called 2.0000 acre tract described
459459 as Tract 5 conveyed to Edward A. & Robyn M. Jacobson by an
460460 instrument of record under File Number 2019049857, F.B.C.O.P.R.;
461461 Thence, South 87°34'25" West, along the south line of said
462462 9.980 acre tract and the north lines of said 2.0000 acre tract and
463463 that certain called 10.4101 acre tract conveyed to Steven A. Kempke
464464 and Nancy K. Kempke by an instrument of record under File Number
465465 2020119852, F.B.C.O.P.R., a distance of 1,525.48 feet to a 5/8-inch
466466 iron rod with TxDOT aluminum right-of-way disk found on the arc of a
467467 curve to the right on the east right-of-way line of F.M. 723 (120
468468 feet wide) recorded under Volume 487, Page 842, Volume 491, Page 48,
469469 and Volume 487, Page 836, F.B.C.D.R., and File Numbers 2021053461
470470 and 2021053472, F.B.C.O.P.R.;
471471 Thence, in a Northwesterly direction, along the west line of
472472 the west right-of-way line of said F.M. 723, and with said curve to
473473 the right, an arc distance of 208.68 feet, having a radius of
474474 6,390.00 feet, a central angle of 01°52'16" and chord which bears
475475 North 03°29'46" West, 208.67 feet to a 5/8-inch iron rod with TxDOT
476476 aluminum right-of-way disk found for corner on the west line of said
477477 9.980 acre tract;
478478 Thence, North 02°37'52" West, continuing along the east
479479 right-of-way line of said F.M. 723 and along the west line of said
480480 9.980 acre tract, a distance of 107.49 feet to a 1/2-inch iron pipe
481481 found the northwest corner of said 9.980 acre tract and the
482482 southwest corner of Lot 14 of OLDE PECAN PLANTATION, a subdivision
483483 of record under Slide Number 570B, F.B.C.P.R.;
484484 Thence, North 87°37'22" East, along the north line of said
485485 9.980 acre tract and the south line of said OLDE PECAN PLANTATION, a
486486 distance of 1,266.31 feet to the northeast corner of said 9.980 acre
487487 tract and the southeast corner of Lot 8 of OLDE PECAN PLANTATION, on
488488 the centerline of the aforementioned Jones Creek and a
489489 southwesterly line of the aforementioned 259.343 acre tract;
490490 Thence, along the centerline of said Jones Creek, the
491491 westerly lines of said 259.343 acre tract, and the easterly lines of
492492 said OLDE PECAN PLANTATION, that certain called 20.130 acre tract
493493 conveyed to Brian L. Smith & Helen Smith by an instrument of record
494494 under File Number 2014047226, F.B.C.O.P.R., and that certain called
495495 2.616 acre tract conveyed to Judy Rene Lamb by an instrument of
496496 record under File Number 2005022008, F.B.C.O.P.R., the following
497497 eight (8) courses and distances:
498498 North 37°24'50" West, a distance of 40.23 feet;
499499 North 19°30'17" West, a distance of 116.27 feet;
500500 North 05°11'43" West, a distance of 113.97 feet;
501501 North 10°46'52" East, a distance of 114.83 feet;
502502 North 20°02'20" East, a distance of 639.98 feet;
503503 North 22°15'22" East, a distance of 279.22 feet;
504504 North 38°50'59" East, a distance of 228.08 feet;
505505 North 33°36'30" East, a distance of 218.53 feet to a
506506 southwesterly corner of the aforementioned 606.445 acre tract;
507507 Thence, along the westerly lines of the aforementioned
508508 606.445 acre tract the following fifteen (15) courses:
509509 North 64° 34' 10" West, 116.46 feet to a point for corner;
510510 North 31° 18' 30" West, 71.03 feet to a point for corner;
511511 North 39° 23' 58" West, 104.10 feet to a point for corner;
512512 North 37° 18' 39" West, 217.83 feet to a 1/2-inch iron pipe
513513 found for corner;
514514 South 53° 21' 08" West, 66.88 feet to a 1/2-inch iron pipe
515515 found for corner;
516516 North 58° 20' 23" West, 86.95 feet to a 5/8-inch iron rod with
517517 cap stamped "1535/4035" found for corner;
518518 North 29° 50' 35" West, 61.73 feet to a point for corner;
519519 North 41° 17' 48" West, 224.47 feet to a 1/2-inch iron pipe
520520 found for corner;
521521 North 81° 29' 22" West, 100.36 feet to a 5/8-inch iron rod with
522522 illegible cap found for corner;
523523 North 02° 49' 58" West, 196.85 feet to a 1/2-inch iron pipe
524524 found for the southwest corner of that certain called 6.086 acre
525525 tract conveyed to Sheri Lynn Macha by an instrument of record under
526526 File Number 2007039254, F.B.C.O.P.R.;
527527 North 87° 30' 20" East, along the south line of said 6.086 acre
528528 tract, 360.26 feet to a 5/8-inch iron rod with cap stamped
529529 "1535/4035" found for the southeast corner of said 6.086 acre tract
530530 and an interior corner of said 606.445 acre tract;
531531 North 03° 35' 31" West, along the east line of said 6.086 acre
532532 tract, 747.88 feet to a 5/8-inch iron rod with illegible cap found
533533 for the northeast corner of said 6.086 acre tract and an interior
534534 corner of said 606.445 acre tract;
535535 South 87° 07' 42" West, 1,504.51 feet to a 5/8-inch iron rod
536536 with cap stamped "1535/4035" found for the most westerly southwest
537537 corner of said 606.445 acre tract, said point being on the east
538538 right-of-way line of FM 723 (called 120 feet wide) as described in
539539 Volume 487, Page 836, Volume 487, Page 842, Volume 491, Page 48,
540540 F.B.C.D.R.;
541541 North 02° 37' 46" West, along the east right-of-way line of
542542 said FM 723, 686.39 feet to a TxDOT concrete right-of-way monument
543543 found for an angle point;
544544 North 01° 51' 42" West, continuing along the east right-of-way
545545 line of said FM 723, 209.90 feet to a 5/8-inch iron rod with cap
546546 stamped "1535/4035" found for most westerly northwest corner of
547547 said 606.445 acre tract, said point also being the southwest corner
548548 of that certain called 2.780 acre tract conveyed to Harriett
549549 Peckham Geick, Trust by an instrument of record under File Number
550550 9532533, F.B.C.O.P.R.;
551551 Thence, North 87° 44' 04" East, along a north line of said
552552 606.445 acre tract and along the south line said 2.780 acre tract,
553553 the south line of that certain called 1.966 acre tract conveyed to
554554 Harriett Peckham Geick, Trust by an instrument of record under File
555555 Numbers 9532534, F.B.C.O.P.R., the south line of that certain
556556 called 1.939 acre tract conveyed to Harriett Peckham Geick, Trust
557557 by an instrument of record under File Number 9532536, F.B.C.O.P.R.,
558558 and the south line of and 3.683 acre tract conveyed to Harriett
559559 Peckham Geick, Trust by an instrument of record under File Number
560560 9532533, F.B.C.O.P.R., 1,557.40 feet to a 1/2-inch iron pipe found
561561 for the southeast corner of said 3.683 acre tract and an interior
562562 corner of said 606.445 acre tract;
563563 Thence, North 01° 13' 16" West, along the east line of said
564564 3.683 acre tract and a west line of said 606.445 acre tract, 535.34
565565 feet to a point in the centerline of said Jones Creek;
566566 Thence, along the centerline of the aforementioned
567567 Jones Creek the following nineteen (19) courses:
568568 North 40° 09' 00" West, 64.68 feet;
569569 North 19° 20' 07" West, 114.00 feet;
570570 North 00° 48' 07" West, 110.60 feet;
571571 North 17° 11' 53" East, 105.00 feet;
572572 North 31° 01' 53" East, 128.80 feet;
573573 North 42° 32' 53" East, 146.70 feet;
574574 North 52° 02' 53" East, 164.50 feet;
575575 North 57° 09' 53" East, 355.80 feet;
576576 North 46° 32' 53" East, 194.18 feet;
577577 North 36° 08' 58" East, 137.73 feet;
578578 North 18° 09' 55" East, 133.20 feet;
579579 North 15° 55' 14" East, 209.10 feet;
580580 North 11° 03' 37" East, 264.90 feet;
581581 North 03° 53' 53" East, 451.70 feet;
582582 North 09° 25' 53" East, 318.40 feet;
583583 North 21° 10' 53" East, 130.30 feet;
584584 North 34° 04' 53" East, 240.10 feet;
585585 North 30° 26' 13" East, 372.70 feet;
586586 North 41° 41' 53" East, 156.20 feet to the north corner of the
587587 aforementioned 606.445 acre tract, said point being on the west
588588 line of the aforementioned 355.322 acre tract, the apparent east
589589 line of said William Andrews Survey, the apparent west line of the
590590 Samuel Isaacs Survey, and on the aforementioned boundary line
591591 agreement;
592592 Thence, South 02° 38' 33" East, along an east line of said
593593 606.445 acre tract and the west line of said 355.322 acre tract, the
594594 apparent east line of said William Andrews Survey, the apparent
595595 west line of the Samuel Isaacs Survey, and said boundary line
596596 agreement, 1,987.56 feet to the POINT OF BEGINNING and containing
597597 956.942 gross acres (41,684,411 square feet) of land.
598598 Save and Except the following tract of land:
599599 Being 45.362 acres (1,975,978 square feet) of land located in
600600 the Samuel Isaacs Survey, Abstract 35, Fort Bend County, Texas,
601601 more particularly being all of that certain called 16.76 acre tract
602602 conveyed to Ambrose Gerner Jr. by an instrument of record under
603603 Volume 1468, Page 455 of the Fort Bend County Deed Records
604604 (F.B.C.D.R.), a portion of the remainder of that certain called 125
605605 acre tract conveyed to by an instrument of record under Volume Z,
606606 Page 365, F.B.C.D.R.,
607607 BEGINNING at a 1-inch iron pipe found for the northeast
608608 corner of the said 16.76 acre tract, said point being an interior
609609 corner of the said 606.445 acre tract;
610610 Thence, South 02° 19' 35" East, along the east line of said
611611 16.76 acre tract and partially along the west line of the
612612 aforementioned PECAN HOLLOW SUBDIVISION, 1,194.20 feet to a
613613 5/8-inch iron rod with cap stamped "1535-4035" found for a
614614 northeast corner of said 606.445 acre tract;
615615 Thence, South 89° 01' 18" West, departing the west line of
616616 said PECAN HOLLOW SUBDIVISION and along a north line of said 606.445
617617 acre tract, 1,549.11 feet to a point for corner;
618618 Thence, South 18° 46' 20" West, along a north line of said
619619 606.445 acre tract 30.56 feet to a point for corner;
620620 Thence, South 36° 46' 42" West, along a north line of said
621621 606.445 acre tract 159.95 feet to a point for corner;
622622 Thence, South 49° 47' 26" West, along a north line of said
623623 606.445 acre tract 121.24 feet to a 5/8-inch iron rod with cap
624624 stamped "1535-4035" found for corner;
625625 Thence, North 11° 08' 37" West, along a north line of said
626626 606.445 acre tract, 146.39 feet to the centerline of Jones Creek;
627627 Thence, along the centerline of said Jones Creek and an
628628 easterly line of said 606.445 acre tract the following seven (7)
629629 courses and distances:
630630 North 26° 03' 29" East, 46.74 feet;
631631 North 23° 17' 33" East, 223.92 feet;
632632 North 01° 15' 17" West, 300.30 feet;
633633 North 03° 31' 37" West, 281.90 feet;
634634 North 01° 10' 17" West, 281.00 feet;
635635 North 08° 11' 37" West, 66.30 feet;
636636 North 28° 20' 57" West, 65.54 feet to the northwest corner of
637637 said 16.76 acre tract;
638638 Thence, North 87° 21' 33" East, along the north line of said
639639 16.76 acre tract and a south line of said 606.445 acre tract,
640640 1,689.85 feet to the POINT OF BEGINNING and containing 45.362 acres
641641 (1,975,978 square feet) of land.
642642 Resulting in a total of 911.580 net acres (39,708,433, square
643643 feet) of land.
644644 SECTION 3. (a) The legal notice of the intention to
645645 introduce this Act, setting forth the general substance of this
646646 Act, has been published as provided by law, and the notice and a
647647 copy of this Act have been furnished to all persons, agencies,
648648 officials, or entities to which they are required to be furnished
649649 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
650650 Government Code.
651651 (b) The governor, one of the required recipients, has
652652 submitted the notice and Act to the Texas Commission on
653653 Environmental Quality.
654654 (c) The Texas Commission on Environmental Quality has filed
655655 its recommendations relating to this Act with the governor, the
656656 lieutenant governor, and the speaker of the house of
657657 representatives within the required time.
658658 (d) All requirements of the constitution and laws of this
659659 state and the rules and procedures of the legislature with respect
660660 to the notice, introduction, and passage of this Act are fulfilled
661661 and accomplished.
662662 SECTION 4. (a) Section 9095.0306, Special District Local
663663 Laws Code, as added by Section 1 of this Act, takes effect only if
664664 this Act receives a two-thirds vote of all the members elected to
665665 each house.
666666 (b) If this Act does not receive a two-thirds vote of all the
667667 members elected to each house, Subchapter C, Chapter 9095, Special
668668 District Local Laws Code, as added by Section 1 of this Act, is
669669 amended by adding Section 9095.0306 to read as follows:
670670 Sec. 9095.0306. NO EMINENT DOMAIN POWER. The district may
671671 not exercise the power of eminent domain.
672672 (c) This section is not intended to be an expression of a
673673 legislative interpretation of the requirements of Section 17(c),
674674 Article I, Texas Constitution.
675675 SECTION 5. This Act takes effect immediately if it receives
676676 a vote of two-thirds of all the members elected to each house, as
677677 provided by Section 39, Article III, Texas Constitution. If this
678678 Act does not receive the vote necessary for immediate effect, this
679679 Act takes effect September 1, 2025.