89R20717 MP-F
By: Gates H.B. No. 5655
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Fort Bend County Water Control and
Improvement District No. 13; granting a limited power of eminent
domain; providing authority to issue bonds; providing authority to
impose assessments, fees, and taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle I, Title 6, Special District Local Laws
Code, is amended by adding Chapter 9095 to read as follows:
CHAPTER 9095. FORT BEND COUNTY WATER CONTROL AND IMPROVEMENT
DISTRICT NO. 13
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 9095.0101. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Director" means a board member.
(4) "District" means the Fort Bend County Water
Control and Improvement District No. 13.
Sec. 9095.0102. NATURE OF DISTRICT. The district is a water
control and improvement district created under Section 59, Article
XVI, Texas Constitution.
Sec. 9095.0103. CONFIRMATION AND DIRECTOR ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 9095.0104. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section
9095.0103 until each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located has
consented by ordinance or resolution to the creation of the
district and to the inclusion of land in the district as required by
applicable law.
Sec. 9095.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
(a) The district is created to serve a public purpose and benefit.
(b) The district is created to accomplish the purposes of:
(1) a water control and improvement district as
provided by general law and Section 59, Article XVI, Texas
Constitution, including the collection, transportation,
processing, disposal, and control of domestic, industrial, or
communal waste and the gathering, conducting, diverting, and
control of local storm water or other harmful excesses of water; and
(2) Section 52, Article III, Texas Constitution, that
relate to the construction, acquisition, improvement, operation,
or maintenance of macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 9095.0106. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act enacting this chapter form a closure. A mistake made in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose a tax; or
(4) legality or operation.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 9095.0201. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 9095.0202, directors
serve staggered four-year terms.
Sec. 9095.0202. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Amanda Flynt;
(2) Jason Scholtz;
(3) Carlos Bujosa;
(4) Regina Landreneau; and
(5) Stephen Pheigaru.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 9095.0103; or
(2) the fourth anniversary of the effective date of
the Act enacting this chapter.
(c) If permanent directors have not been elected under
Section 9095.0103 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 9095.0103; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the commission requesting that the
commission appoint as successor temporary directors the five
persons named in the petition. The commission shall appoint as
successor temporary directors the five persons named in the
petition.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 9095.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 9095.0302. WATER CONTROL AND IMPROVEMENT DISTRICT
POWERS AND DUTIES. The district has the powers and duties provided
by the general law of this state applicable to water control and
improvement districts created under Section 59, Article XVI, Texas
Constitution, including Chapters 49 and 51, Water Code, and
specifically including the powers and duties authorized under
Subchapter H, Chapter 51, Water Code.
Sec. 9095.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
52, Article III, Texas Constitution, the district may design,
acquire, construct, finance, issue bonds for, improve, operate,
maintain, and convey to this state, a county, or a municipality for
operation and maintenance macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 9095.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
road project must meet all applicable construction standards,
zoning and subdivision requirements, and regulations of each
municipality in whose corporate limits or extraterritorial
jurisdiction the road project is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
project must meet all applicable construction standards,
subdivision requirements, and regulations of each county in which
the road project is located.
(c) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 9095.0305. COMPLIANCE WITH MUNICIPAL CONSENT
ORDINANCE OR RESOLUTION. The district shall comply with all
applicable requirements of any ordinance or resolution that is
adopted under Section 42.042 or 42.0425, Local Government Code, and
consents to the creation of the district or to the inclusion of land
in the district.
Sec. 9095.0306. LIMITATION ON USE OF EMINENT DOMAIN. The
district may not exercise the power of eminent domain outside the
district boundaries to acquire a site or easement for:
(1) a road project authorized by Section 9095.0303; or
(2) a recreational facility as defined by Section
49.462, Water Code.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 9095.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
The district may issue, without an election, bonds and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 9095.0403.
(b) The district must hold an election in the manner
provided by Chapters 49 and 51, Water Code, to obtain voter approval
before the district may impose an ad valorem tax or issue bonds
payable from ad valorem taxes.
(c) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
Sec. 9095.0402. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 9095.0401, the
district may impose an operation and maintenance tax on taxable
property in the district in accordance with Section 49.107, Water
Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Sec. 9095.0403. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 9095.0501. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 9095.0502. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Chapter 51, Water Code.
Sec. 9095.0503. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other obligations
issued or incurred to finance road projects and payable from ad
valorem taxes may not exceed one-fourth of the assessed value of the
real property in the district.
Sec. 9095.0504. BONDS FOR RECREATIONAL FACILITIES. (a)
The district may develop recreational facilities and issue bonds
for recreational facilities as provided by Chapter 49, Water Code,
regardless of whether the district's territory overlaps with the
territory of a political subdivision that is authorized to develop
recreational facilities and issue bonds for recreational
facilities under Chapter 49, Water Code.
(b) The authority of the district to develop recreational
facilities and issue bonds for recreational facilities under this
section does not limit the authority of another political
subdivision whose territory the territory of the district may
overlap, wholly or partly, to develop recreational facilities and
issue bonds for recreational facilities under Chapter 49, Water
Code.
SECTION 2. The Fort Bend County Water Control and
Improvement District No. 13 initially includes all the territory
contained in the following area:
Being 911.580 acre (39,708,433 square feet) of land located
in the William Andrews Survey, Abstract 3 and the Samuel Isaacs
Survey, Abstract 35, Fort Bend County, Texas, more particularly
being all of that certain called 606.445 acre tract conveyed to
TPHTL Hatcher, LLC by an instrument of record under File Number
2024096632 of the Official Public Records of Fort Bend County,
Texas (F.B.C.O.P.R.), all of that certain called 3.494 acre tract
conveyed to Tri Pointe Homes Texas, Inc by an instrument of record
under File Number 2024112084, F.B.C.O.P.R., all of that certain
called 259.343 acre tract conveyed to TPHTL Hatcher, LLC by an
instrument of record under File Number 2024096642, F.B.C.O.P.R.,
all of that certain called 9.980 acre tract conveyed to TPHTL
Hatcher, LLC by an instrument of record under File Number
2024096679, F.B.C.O.P.R., all of that certain called 35.203 acre
tract conveyed to TPHTL Hatcher, LLC by an instrument of record
under File Number 2024096653, F.B.C.O.P.R. a portion of which being
all of PECAN HOLLOW SUBDIVISION, a subdivision of record under
Slide No. 1960A of the Fort Bend County Plat Records (F.B.C.P.R.),
all of that certain called 10.4577 acre tract conveyed to TPHTL
Hatcher, LLC by an instrument of record under File Number
20240996640, F.B.C.O.P.R., said 911.580 acre tract being more
particularly described by metes and bounds as follows (all bearings
referenced to the Texas Coordinate System, South Central Zone,
NAD83 (NA2011) Epoch 2010.00):
BEGINNING at a 5/8-inch iron rod with cap stamped "1535-4035"
found for the southwest corner of that certain called 355.322 acre
conveyed to the Henderson-Wessendorff Foundation by an instrument
of record under File Number 2012006686, F.B.C.O.P.R., same being an
interior corner on the north line of said 606.445 acre tract, said
corner being an angle point on a boundary line agreement of record
in Volume 603, Page 13, of the Deed Records of Fort Bend County,
Texas, (F.B.C.D.R.), and on the apparent east line of said William
Andrews Survey and the apparent west line of the Samuel Isaacs
Survey;
Thence, South 79° 25' 45" East, along the northerly line of
said 606.445 acre tract and the southerly line of said 355.322 acre
tract, 721.43 feet to a 5/8-inch iron rod found for an angle point
of said boundary line agreement;
Thence, South 88° 14' 00" East, continuing along the northerly
line of said 606.445 acre tract and the southerly line of said
355.322 acre tract, 1,138.98 feet to a 5/8-inch iron rod with cap
stamped "MILLER SURVEY SURVEY" found marking an angle point of said
boundary line agreement;
Thence, South 64° 49' 13" East, continuing along the northerly
line of said 606.445 acre tract and the southerly line of said
355.322 acre tract, 2,465.21 feet to a 5/8-inch iron rod found
marking an angle point of said boundary line agreement and the
southeast corner of said 355.322 acre tract, same being the
southwest corner of that certain called 77.173 acre tract conveyed
to Joe C. Wessendorff by an instrument of record under Volume 1995,
Page 2003, F.B.C.D.R.;
Thence, North 69°40'27" East, continuing along the Northerly
line of said 606.445 acre tract and the southerly line of said
77.173 acre tract, a distance of 644.77 feet to a 5/8-inch iron rod
with cap stamped "1535-4035" found for corner, from which a found
leaning 1-inch iron bolt bears South 29°12'57" East, distance of
1.40 feet;
Thence, South 86°32'25" East, continuing along the Northerly
line of said 606.445 acre tract and the southerly line of said
77.173 acre tract, a distance of 1,341.27 feet to a 5/8-inch iron
rod found for the northeast corner of said 606.445 acre tract and
the southeast corner of said 77.173 acre tract, lying on the west
right-of-way line of Holmes Road (width varies) as shown on LAKES OF
MISSION GROVE SECTION ONE, a subdivision per plat recorded under
Slide Number 1945A, of the Plat Records of Fort Bend County, Texas,
(F.B.C.P.R.);
Thence, South 02°12'49" East, along the east line of said
606.445 acre tract and the West right-of-way line of said Holmes
Road, a distance of 383.77 feet to a 5/8-inch iron rod with cap
stamped "1535/4035" found for an easterly corner of said 606.445
acre tract and the northeast corner of that certain called 2.265
acre tract conveyed to David H. Kendrick and Wife, Debra Kelly
Kendrick by an instrument of record under File Number 2018112388,
F.B.C.O.P.R.;
Thence, South 88°17'00" West, along and with a southerly line
of said 606.445 acre tract and the north lines of said 2.265 acre
tract and that certain called 2.0 acre tract conveyed to Ronald P.
Frawley and Wife, Suzanne L. Frawley by an instrument of record
under File Number 2018112392, F.B.C.O.P.R., a distance of 571.13
feet to an interior corner of said 606.445 acre tract and the
northwest corner of said 2.0 acre tract, from which a found 5/8-inch
iron rod with cap stamped "1535/4035" bears North 81°52'20" East, a
distance of 0.33 feet;
Thence, South 02°17'46" East, along an easterly line of the
said 606.445 acre tract and the west line of said 2.0 acre tract, a
distance of 325.02 feet to a 5/8-inch iron rod with cap stamped
"MILLER SURVEY" found for the southwest corner of said 2.0 acre
tract and an easterly corner of the said 606.445 acre tract, lying
on the north line of that certain called 7.9395 acre tract conveyed
to R. Steven Hicks & Wife Sondra Martin Hicks by an instrument of
record under File Number 1999014492, F.B.C.O.P.R.;
Thence, South 88°16'19" West, along a southerly line of the
said 606.445 acre tract and the north line of said 7.9395 acre
tract, a distance of 673.38 feet to a 5/8-inch iron rod with cap
stamped "MILLER SURVEY" found for an interior corner of said
606.445 acre tract and the northwest corner of said 7.9395 acre
tract;
Thence, South 02°16'13" East, along an easterly line of the
said 606.445 acre tract and the west line of said 7.9395 acre tract,
a distance of 281.02 feet to a 1/2-inch iron pipe found for an
interior corner of said 606.445 acre tract and the southwest corner
of said 7.9395 acre tract;
Thence, along the northerly lines of the said 606.445 acre
tract and the southerly lines of said 7.9395 acre tract, the
following five (5) courses and distances:
North 88°10'19" East, a distance of 389.40 feet to a 1/2-inch
iron pipe found for an interior corner of said 606.445 acre tract;
North 01°49'41" West, a distance of 19.00 feet to a 1/2-inch
iron pipe found for corner;
North 88°10'19" East, a distance of 140.64 feet to a point for
corner;
South 01°49'41" East, a distance of 19.00 feet to a 1/2-inch
iron pipe found for an interior corner of said 606.445 acre tract;
North 88°10'19" East, a distance of 714.81 feet to a mag nail
found for an easterly corner of said 606.445 acre tract and the
southeast corner of said 7.9395 acre tract, lying on the west
right-of-way line of said Holmes Road;
Thence, South 02°17'56" East, along an easterly line of said
606.445 acre tract and said 35.203 acre tract and the west
right-of-way line of said Holmes Road, a distance of 1,200.06 feet
to the most easterly southeast corner of said 35.203 acre tract and
the northeast corner of that certain called 15.00 acre tract
conveyed to R.M. Derden by an instrument of record under Volume 485,
Page 750, F.B.C.D.R.;
Thence, South 88°06'47" West, along a southerly line of said
35.203 acre tract and the north line of said 15.00 acre tract and
along the north line of that certain called 2.555 acre tract
conveyed to Janet Hennessey and Pat Hennessey by an instrument of
record in Volume 597, Page 33, F.B.C.D.R., a distance of 1,245.46
feet to the northwest corner of said 2.555 acre tract, same being an
interior corner of said 35.203 acre tract , and lying on the east
line of said PECAN HOLLOW SUBDIVISION;
Thence, South 02°20'08" East, along an easterly line of said
35.203 acre tract and said PECAN HOLLOW SUBDIVISION and the west
line of said 15.00 acre tract, a distance of 525.20 feet to a
1/2-inch iron pipe found for the most southerly southeast corner of
said 35.203 acre tract and the southeast corner of said PECAN HOLLOW
SUBDIVISION, same being the southwest corner of said 15.00 acre
tract, lying on the north right-of-way line of Wessendorff Road (60
feet wide) described in Volume 2349, Page 35, F.B.C.D.R.;
Thence, South 88°05'29" West, along a southerly line of said
35.203 acre tract and said PECAN HOLLOW SUBDIVISION and the north
right-of-way line of said Wessendorf Road distance of 700.19 feet
to a 1/2-inch iron pipe found for the southwest corner of said
35.203 acre tract and said PECAN HOLLOW SUBDIVISION, same being the
north end of the western terminus of said Wessendorf Road and an
easterly angle point of said 606.445 acre tract, from which a found
5/8-inch iron rod with cap stamped "1535" bears North 45°05'08"
West, a distance of 0.18 feet;
Thence, South 15°21'07" West, along an easterly line of said
606.445 acre tract and the western terminus of said Wessendorf
Road, a distance of 63.00 feet to a 1-inch iron pipe found for an
interior corner of said 606.445 acre tract and the south end of the
western terminus of said Wessendorf Road;
Thence, North 88°04'25" East, along a northerly line of said
606.445 acre tract and the south right-of-way of said Wessendorf
Road, a distance of 260.89 feet to a 5/8-inch iron rod with cap
found for an easterly corner of said 606.445 acre tract and the
northwest corner of that certain called 10.25 acre tract conveyed
to Gregory J. Harris by an instrument of record under File Number
2000078502, F.B.C.O.P.R.;
Thence, South 02°41'49" East, along an easterly line of said
606.445 acre tract and the west line of said 10.25 acre tract, a
distance of 935.37 feet to a 5/8-inch iron rod with cap stamped
"1535/4035" found for an interior corner of said 606.445 acre tract
and the southwest corner of said 10.25 acre tract;
Thence, North 87°13'57" East, along a northerly line of said
606.445 acre tract and the south line of said 10.25 acre tract, a
distance of 305.37 feet to a 5/8-inch iron rod with cap stamped
"1535/4035" found for an easterly corner of said 606.445 acre tract
and the southeast corner of said 10.25 acre tract;
Thence, South 04°34'03" East, along an easterly line of said
606.445 acre tract, a distance of 69.88 feet to a 1-inch iron pipe
found for the southeast corner of said 606.445 acre tract, said
point lying on a northerly line of the aforementioned 259.343 acre
tract;
Thence, North 87°16'40" East, along a northerly line of the
aforementioned 259.343 acre tract, a distance of 7.77 feet to a
5/8-inch iron rod with cap stamped "1535/4035" found for the
northeast corner of said 259.343 acre tract, said point being on the
west line of that certain called 1.3718 acre tract conveyed to
William Limner, Martin Dawson and Pamela M. Dawson by an instrument
of record under Document Number 9630713, F.B.C.O.P.R., said point
lying on the west right-of-way line of Robertson Road (Width
Varies)
Thence, South 03°29'38" East, along the east line of said
259.343 acre tract and the west lines of said 1.3718 acre tract,
that certain called 1.37 acre tract conveyed to David Wayne Green
and Janice Elaine Green by an instrument of record under Volume
2194. Page 280, F.B.C.D.R., that certain called 2.28 acre tract
conveyed to Michael Moore and Kimberly Moore by an instrument of
record under File Number 2003075085, F.B.C.O.P.R., that certain
called 2.0994 acre tract conveyed to James Arthur Marshall, Sr. and
Luella Jane Marshall by an instrument of record under File Number
2003145106, F.B.C.O.P.R., that certain called 2.0966 acre tract
conveyed to Colin Lauder by an instrument of record under File
Number 2009087267, F.B.C.O.P.R., that certain called 2.0583 acre
tract conveyed to Colin Lauder by an instrument of record under File
Number 2020022209, F.B.C.O.P.R., and that certain called 1.9817
acre tract conveyed to Johnathan K. Wiedenfeld and Sandra H.
Wiedenfeld by an instrument of record under File Number 2004097643,
F.B.C.O.P.R., a distance of 1,336.39 feet to a 1/2-inch iron pipe
found for the southeast corner of said 259.343 acre tract and the
southwest corner 1.9817 acre tract, lying on the north line of
Meadow Forest Lane (60 feet wide), as described in Volume 636, Page
719, F.B.C.D.R., and the north line of MEADOW FOREST, an unplatted
subdivision;
Thence, South 87°22'54" West, along the north line of said
Meadow Forest, a distance of 597.20 feet to a point for the
northwest corner of that certain called 0.5116 acre tract conveyed
to James Hearn by an instrument of record under File Number
2022059390, F.B.C.O.P.R.;
Thence, South 02°39'35" West, along a west line of said Meadow
Forest and said 0.5116 acre tract, a distance of 102.03 feet to an
angle point on the west line of said 0.5116 acre tract and said
259.343 acre tract, said point being on the north line of Woods Edge
Estates Section Two, an unplatted subdivision;
Thence, South 87°10'44" West, along the south line of said
259.343 acre tract common to the north line of Woods Edge Estates
Section Two, a distance of 2,274.25 feet to the centerline of Jones
Creek (a variable width ROW easement granted to Brazos River
Authority by instruments of record under Volume 602, Page 694 and
Volume 602, Page 705, F.B.C.D.R.), said point lying on the
northeasterly line of Woods Edge Estates Section Three, an
unplatted subdivision;
Thence, along the centerline of Jones Creek, the south line
of said 253.343 acre tract, and the northeasterly line of Woods Edge
Estates Section Three, the following seventeen (17) courses and
distances:
North 09°44'16" West, a distance of 185.60 feet;
North 34°43'02" West, a distance of 210.93 feet;
North 65°42'06" West, a distance of 132.88 feet;
North 70°03'52" West, a distance of 208.72 feet;
North 81°33'27" West, a distance of 195.93 feet;
North 89°24'40" West, a distance of 162.61 feet;
South 87°34'08" West, a distance of 196.48 feet;
South 76°11'39" West, a distance of 127.07 feet;
South 61°47'37" West, a distance of 141.38 feet;
South 55°25'12" West, a distance of 422.62 feet;
South 67°02'38" West, a distance of 133.62 feet;
South 78°21'23" West, a distance of 134.93 feet;
South 84°36'34" West, a distance of 145.04 feet;
North 85°11'23" West, a distance of 167.79 feet;
North 80°52'38" West, a distance of 340.21 feet;
North 75°29'15" West, a distance of 845.82 feet;
North 58°06'51" West, a distance of 52.86 feet to the most
easterly southeast corner of the aforementioned 9.980 acre tract
and the northwest corner of said PECAN CREEK;
Thence, South 05°33'44" West, along an easterly line of said
9.980 acre tract and the west line of said PECAN CREEK, a distance
of 42.14 feet to a 1/2-inch iron rod with cap found for the most
southerly southeast corner of said 9.980 acre tract and the
northeast corner of that certain called 2.0000 acre tract described
as Tract 5 conveyed to Edward A. & Robyn M. Jacobson by an
instrument of record under File Number 2019049857, F.B.C.O.P.R.;
Thence, South 87°34'25" West, along the south line of said
9.980 acre tract and the north lines of said 2.0000 acre tract and
that certain called 10.4101 acre tract conveyed to Steven A. Kempke
and Nancy K. Kempke by an instrument of record under File Number
2020119852, F.B.C.O.P.R., a distance of 1,525.48 feet to a 5/8-inch
iron rod with TxDOT aluminum right-of-way disk found on the arc of a
curve to the right on the east right-of-way line of F.M. 723 (120
feet wide) recorded under Volume 487, Page 842, Volume 491, Page 48,
and Volume 487, Page 836, F.B.C.D.R., and File Numbers 2021053461
and 2021053472, F.B.C.O.P.R.;
Thence, in a Northwesterly direction, along the west line of
the west right-of-way line of said F.M. 723, and with said curve to
the right, an arc distance of 208.68 feet, having a radius of
6,390.00 feet, a central angle of 01°52'16" and chord which bears
North 03°29'46" West, 208.67 feet to a 5/8-inch iron rod with TxDOT
aluminum right-of-way disk found for corner on the west line of said
9.980 acre tract;
Thence, North 02°37'52" West, continuing along the east
right-of-way line of said F.M. 723 and along the west line of said
9.980 acre tract, a distance of 107.49 feet to a 1/2-inch iron pipe
found the northwest corner of said 9.980 acre tract and the
southwest corner of Lot 14 of OLDE PECAN PLANTATION, a subdivision
of record under Slide Number 570B, F.B.C.P.R.;
Thence, North 87°37'22" East, along the north line of said
9.980 acre tract and the south line of said OLDE PECAN PLANTATION, a
distance of 1,266.31 feet to the northeast corner of said 9.980 acre
tract and the southeast corner of Lot 8 of OLDE PECAN PLANTATION, on
the centerline of the aforementioned Jones Creek and a
southwesterly line of the aforementioned 259.343 acre tract;
Thence, along the centerline of said Jones Creek, the
westerly lines of said 259.343 acre tract, and the easterly lines of
said OLDE PECAN PLANTATION, that certain called 20.130 acre tract
conveyed to Brian L. Smith & Helen Smith by an instrument of record
under File Number 2014047226, F.B.C.O.P.R., and that certain called
2.616 acre tract conveyed to Judy Rene Lamb by an instrument of
record under File Number 2005022008, F.B.C.O.P.R., the following
eight (8) courses and distances:
North 37°24'50" West, a distance of 40.23 feet;
North 19°30'17" West, a distance of 116.27 feet;
North 05°11'43" West, a distance of 113.97 feet;
North 10°46'52" East, a distance of 114.83 feet;
North 20°02'20" East, a distance of 639.98 feet;
North 22°15'22" East, a distance of 279.22 feet;
North 38°50'59" East, a distance of 228.08 feet;
North 33°36'30" East, a distance of 218.53 feet to a
southwesterly corner of the aforementioned 606.445 acre tract;
Thence, along the westerly lines of the aforementioned
606.445 acre tract the following fifteen (15) courses:
North 64° 34' 10" West, 116.46 feet to a point for corner;
North 31° 18' 30" West, 71.03 feet to a point for corner;
North 39° 23' 58" West, 104.10 feet to a point for corner;
North 37° 18' 39" West, 217.83 feet to a 1/2-inch iron pipe
found for corner;
South 53° 21' 08" West, 66.88 feet to a 1/2-inch iron pipe
found for corner;
North 58° 20' 23" West, 86.95 feet to a 5/8-inch iron rod with
cap stamped "1535/4035" found for corner;
North 29° 50' 35" West, 61.73 feet to a point for corner;
North 41° 17' 48" West, 224.47 feet to a 1/2-inch iron pipe
found for corner;
North 81° 29' 22" West, 100.36 feet to a 5/8-inch iron rod with
illegible cap found for corner;
North 02° 49' 58" West, 196.85 feet to a 1/2-inch iron pipe
found for the southwest corner of that certain called 6.086 acre
tract conveyed to Sheri Lynn Macha by an instrument of record under
File Number 2007039254, F.B.C.O.P.R.;
North 87° 30' 20" East, along the south line of said 6.086 acre
tract, 360.26 feet to a 5/8-inch iron rod with cap stamped
"1535/4035" found for the southeast corner of said 6.086 acre tract
and an interior corner of said 606.445 acre tract;
North 03° 35' 31" West, along the east line of said 6.086 acre
tract, 747.88 feet to a 5/8-inch iron rod with illegible cap found
for the northeast corner of said 6.086 acre tract and an interior
corner of said 606.445 acre tract;
South 87° 07' 42" West, 1,504.51 feet to a 5/8-inch iron rod
with cap stamped "1535/4035" found for the most westerly southwest
corner of said 606.445 acre tract, said point being on the east
right-of-way line of FM 723 (called 120 feet wide) as described in
Volume 487, Page 836, Volume 487, Page 842, Volume 491, Page 48,
F.B.C.D.R.;
North 02° 37' 46" West, along the east right-of-way line of
said FM 723, 686.39 feet to a TxDOT concrete right-of-way monument
found for an angle point;
North 01° 51' 42" West, continuing along the east right-of-way
line of said FM 723, 209.90 feet to a 5/8-inch iron rod with cap
stamped "1535/4035" found for most westerly northwest corner of
said 606.445 acre tract, said point also being the southwest corner
of that certain called 2.780 acre tract conveyed to Harriett
Peckham Geick, Trust by an instrument of record under File Number
9532533, F.B.C.O.P.R.;
Thence, North 87° 44' 04" East, along a north line of said
606.445 acre tract and along the south line said 2.780 acre tract,
the south line of that certain called 1.966 acre tract conveyed to
Harriett Peckham Geick, Trust by an instrument of record under File
Numbers 9532534, F.B.C.O.P.R., the south line of that certain
called 1.939 acre tract conveyed to Harriett Peckham Geick, Trust
by an instrument of record under File Number 9532536, F.B.C.O.P.R.,
and the south line of and 3.683 acre tract conveyed to Harriett
Peckham Geick, Trust by an instrument of record under File Number
9532533, F.B.C.O.P.R., 1,557.40 feet to a 1/2-inch iron pipe found
for the southeast corner of said 3.683 acre tract and an interior
corner of said 606.445 acre tract;
Thence, North 01° 13' 16" West, along the east line of said
3.683 acre tract and a west line of said 606.445 acre tract, 535.34
feet to a point in the centerline of said Jones Creek;
Thence, along the centerline of the aforementioned
Jones Creek the following nineteen (19) courses:
North 40° 09' 00" West, 64.68 feet;
North 19° 20' 07" West, 114.00 feet;
North 00° 48' 07" West, 110.60 feet;
North 17° 11' 53" East, 105.00 feet;
North 31° 01' 53" East, 128.80 feet;
North 42° 32' 53" East, 146.70 feet;
North 52° 02' 53" East, 164.50 feet;
North 57° 09' 53" East, 355.80 feet;
North 46° 32' 53" East, 194.18 feet;
North 36° 08' 58" East, 137.73 feet;
North 18° 09' 55" East, 133.20 feet;
North 15° 55' 14" East, 209.10 feet;
North 11° 03' 37" East, 264.90 feet;
North 03° 53' 53" East, 451.70 feet;
North 09° 25' 53" East, 318.40 feet;
North 21° 10' 53" East, 130.30 feet;
North 34° 04' 53" East, 240.10 feet;
North 30° 26' 13" East, 372.70 feet;
North 41° 41' 53" East, 156.20 feet to the north corner of the
aforementioned 606.445 acre tract, said point being on the west
line of the aforementioned 355.322 acre tract, the apparent east
line of said William Andrews Survey, the apparent west line of the
Samuel Isaacs Survey, and on the aforementioned boundary line
agreement;
Thence, South 02° 38' 33" East, along an east line of said
606.445 acre tract and the west line of said 355.322 acre tract, the
apparent east line of said William Andrews Survey, the apparent
west line of the Samuel Isaacs Survey, and said boundary line
agreement, 1,987.56 feet to the POINT OF BEGINNING and containing
956.942 gross acres (41,684,411 square feet) of land.
Save and Except the following tract of land:
Being 45.362 acres (1,975,978 square feet) of land located in
the Samuel Isaacs Survey, Abstract 35, Fort Bend County, Texas,
more particularly being all of that certain called 16.76 acre tract
conveyed to Ambrose Gerner Jr. by an instrument of record under
Volume 1468, Page 455 of the Fort Bend County Deed Records
(F.B.C.D.R.), a portion of the remainder of that certain called 125
acre tract conveyed to by an instrument of record under Volume Z,
Page 365, F.B.C.D.R.,
BEGINNING at a 1-inch iron pipe found for the northeast
corner of the said 16.76 acre tract, said point being an interior
corner of the said 606.445 acre tract;
Thence, South 02° 19' 35" East, along the east line of said
16.76 acre tract and partially along the west line of the
aforementioned PECAN HOLLOW SUBDIVISION, 1,194.20 feet to a
5/8-inch iron rod with cap stamped "1535-4035" found for a
northeast corner of said 606.445 acre tract;
Thence, South 89° 01' 18" West, departing the west line of
said PECAN HOLLOW SUBDIVISION and along a north line of said 606.445
acre tract, 1,549.11 feet to a point for corner;
Thence, South 18° 46' 20" West, along a north line of said
606.445 acre tract 30.56 feet to a point for corner;
Thence, South 36° 46' 42" West, along a north line of said
606.445 acre tract 159.95 feet to a point for corner;
Thence, South 49° 47' 26" West, along a north line of said
606.445 acre tract 121.24 feet to a 5/8-inch iron rod with cap
stamped "1535-4035" found for corner;
Thence, North 11° 08' 37" West, along a north line of said
606.445 acre tract, 146.39 feet to the centerline of Jones Creek;
Thence, along the centerline of said Jones Creek and an
easterly line of said 606.445 acre tract the following seven (7)
courses and distances:
North 26° 03' 29" East, 46.74 feet;
North 23° 17' 33" East, 223.92 feet;
North 01° 15' 17" West, 300.30 feet;
North 03° 31' 37" West, 281.90 feet;
North 01° 10' 17" West, 281.00 feet;
North 08° 11' 37" West, 66.30 feet;
North 28° 20' 57" West, 65.54 feet to the northwest corner of
said 16.76 acre tract;
Thence, North 87° 21' 33" East, along the north line of said
16.76 acre tract and a south line of said 606.445 acre tract,
1,689.85 feet to the POINT OF BEGINNING and containing 45.362 acres
(1,975,978 square feet) of land.
Resulting in a total of 911.580 net acres (39,708,433, square
feet) of land.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 4. (a) Section 9095.0306, Special District Local
Laws Code, as added by Section 1 of this Act, takes effect only if
this Act receives a two-thirds vote of all the members elected to
each house.
(b) If this Act does not receive a two-thirds vote of all the
members elected to each house, Subchapter C, Chapter 9095, Special
District Local Laws Code, as added by Section 1 of this Act, is
amended by adding Section 9095.0306 to read as follows:
Sec. 9095.0306. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(c) This section is not intended to be an expression of a
legislative interpretation of the requirements of Section 17(c),
Article I, Texas Constitution.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.