Bill Text: TX HB3942 | 2013-2014 | 83rd Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to the creation of the Riverwalk Municipal Management District No. 1; providing authority to issue bonds; providing authority to impose assessments or fees.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2013-05-21 - Referred to Intergovernmental Relations [HB3942 Detail]

Download: Texas-2013-HB3942-Introduced.html

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83R20165 JSL-F
By: Parker H.B. No. 3942

A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Riverwalk Municipal Management
District No. 1; providing authority to issue bonds; providing
authority to impose assessments or fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 4, Special District Local Laws
Code, is amended by adding Chapter 3926 to read as follows:
CHAPTER 3926. RIVERWALK MUNICIPAL MANAGEMENT DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3926.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "City" means the Town of Flower Mound.
(3) "County" means Denton County.
(4) "Director" means a board member.
(5) "District" means the Riverwalk Municipal
Management District No. 1.
Sec. 3926.002. NATURE OF DISTRICT. The Riverwalk Municipal
Management District No. 1 is a special district created under
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution.
Sec. 3926.003. CONFIRMATION AND DIRECTORS' ELECTION
REQUIRED. The initial 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. 3926.004. CITY CONSENT AND DEVELOPMENT AGREEMENT
EXECUTION REQUIRED. (a) The initial directors may not hold an
election under Section 3926.003 until the city has:
(1) consented by ordinance or resolution to the
creation of the district and to the inclusion of land in the
district; and
(2) entered into a development agreement with the
owners of the real property in the district.
(b) The district is dissolved and this chapter expires
September 1, 2017, if:
(1) the city has not consented to the creation of the
district and to the inclusion of land in the district under
Subsection (a)(1) before that date; or
(2) the development agreement described by Subsection
(a)(2) is not entered into before that date.
Sec. 3926.005. PURPOSE; DECLARATION OF INTENT. (a) The
creation of the district is essential to accomplish the purposes of
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution, and other public purposes stated in this
chapter. By creating the district, and in authorizing the city and
other political subdivisions to contract with the district, the
legislature has established a program to accomplish the public
purposes set out in Section 52-a, Article III, Texas Constitution.
(b) The creation of the district is necessary to promote,
develop, encourage, and maintain employment, commerce,
transportation, housing, tourism, recreation, the arts,
entertainment, economic development, safety, and the public
welfare in the district.
(c) This chapter and the creation of the district may not be
interpreted to relieve the city or county from providing the level
of services provided as of the effective date of the Act enacting
this chapter to the area in the district. The district is created
to supplement and not to supplant city and county services provided
in the district.
Sec. 3926.006. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
The district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the improvements and services to be provided by
the district under powers conferred by Sections 52 and 52-a,
Article III, and Section 59, Article XVI, Texas Constitution, and
other powers granted under this chapter.
(c) The district is created to accomplish the purposes of a
municipal management district as provided by general law and
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution.
(d) The creation of the district is in the public interest
and is essential to further the public purposes of:
(1) developing and diversifying the economy of the
state;
(2) eliminating unemployment and underemployment; and
(3) developing or expanding transportation and
commerce.
(e) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, potential employees, employees, visitors,
and consumers in the district, and of the public;
(2) provide needed funding for the district to
preserve, maintain, and enhance the economic health and vitality of
the district territory as a community and business center; and
(3) promote the health, safety, welfare, and enjoyment
of the public by providing pedestrian ways and by landscaping and
developing certain areas, which are necessary for the restoration,
preservation, and enhancement of scenic beauty.
(f) Pedestrian ways along or across a street, whether at
grade or above or below the surface, and street lighting, street
landscaping, parking, and street art objects are parts of and
necessary components of a street and are considered to be a street
or road improvement.
(g) The district will not act as the agent or
instrumentality of any private interest even though the district
will benefit many private interests as well as the public.
Sec. 3926.007. 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 of the district contained
in Section 2 of the Act enacting this chapter form a closure. A
mistake 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 borrow money or issue any type of bonds or
other obligations described by Section 3926.203 for a purpose for
which the district is created or to pay the principal of and
interest on the bonds or other obligations;
(3) right to impose or collect an assessment or
collect other revenue;
(4) legality or operation; or
(5) right to contract.
Sec. 3926.008. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
(a) All or any part of the area of the district that is not in the
city's corporate limits is eligible to be included in:
(1) a tax increment reinvestment zone created under
Chapter 311, Tax Code;
(2) a tax abatement reinvestment zone created under
Chapter 312, Tax Code;
(3) an enterprise zone created under Chapter 2303,
Government Code; or
(4) an industrial district created under Chapter 42,
Local Government Code.
(b) If the city creates a tax increment reinvestment zone
described by Subsection (a), the city and the board of directors of
the zone, by contract with the district, may grant money deposited
in the tax increment fund to the district to be used by the district
for:
(1) the purposes permitted for money granted to a
corporation under Section 380.002(b), Local Government Code; and
(2) any other district purpose, including the right to
pledge the money as security for any bonds or other obligations
issued by the district under Section 3926.203.
(c) All or any part of the area of the district that is
within the city's corporate limits is eligible to be included in:
(1) a tax increment reinvestment zone created under
Chapter 311, Tax Code; or
(2) a tax abatement reinvestment zone created under
Chapter 312, Tax Code.
(d) If the city creates a tax increment reinvestment zone
described by Subsection (c)(1), the city and the board of directors
of the zone, by contract, may allocate money deposited in the tax
increment fund between the city and the district to be used by the
city and the district for:
(1) the purposes permitted for money granted to a
corporation under Section 380.002(b), Local Government Code;
(2) any other district purpose, including the right to
pledge the money as security for any bonds or other obligations
issued by the district under Section 3926.203; and
(3) funding services provided by the city to the area
in the district.
(e) A tax increment reinvestment zone created by the city in
the district is not subject to the limitations provided by Section
311.006, Tax Code.
Sec. 3926.009. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW. Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
Sec. 3926.010. CONSTRUCTION OF CHAPTER. This chapter shall
be liberally construed in conformity with the findings and purposes
stated in this chapter.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3926.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 3926.052, directors serve
staggered four-year terms, with two or three directors' terms
expiring June 1 of each odd-numbered year.
Sec. 3926.052. INITIAL DIRECTORS. (a) On or after the
effective date of the Act enacting this chapter, the owner or owners
of a majority of the assessed value of the real property in the
district according to the most recent certified tax appraisal rolls
for the county may submit a petition to the city requesting that the
city appoint as initial directors the five persons named in the
petition. The city shall appoint as initial directors the five
persons named in the petition.
(b) Initial directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 3926.003; 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 3926.003 and the terms of the initial directors have
expired, successor initial 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 3926.003; 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
according to the most recent certified tax appraisal rolls for the
county may submit a petition to the city requesting that the city
appoint as successor initial directors the five persons named in
the petition. The city shall appoint as successor initial
directors the five persons named in the petition.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3926.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 3926.102. IMPROVEMENT PROJECTS. The district may
provide, or it may enter into contracts with a governmental or
private entity to provide, the improvement projects described by
Subchapter C-1 or activities in support of or incidental to those
projects.
Sec. 3926.103. WATER DISTRICT POWERS. The district has the
powers provided by the general laws relating to conservation and
reclamation districts created under Section 59, Article XVI, Texas
Constitution, including Chapters 49 and 54, Water Code.
Sec. 3926.104. ROAD DISTRICT POWERS. The district has the
powers provided by the general laws relating to road districts and
road utility districts created under Section 52(b), Article III,
Texas Constitution, including Chapter 441, Transportation Code.
Sec. 3926.105. MUNICIPAL MANAGEMENT DISTRICT POWERS. The
district has the powers provided by Chapter 375, Local Government
Code.
Sec. 3926.106. CONTRACT POWERS. The district may contract
with a governmental or private entity, on terms determined by the
board, to carry out a power or duty authorized by this chapter or to
accomplish a purpose for which the district is created.
Sec. 3926.107. EMERGENCY SERVICES. (a) This section
applies only to territory in the district:
(1) that is in the extraterritorial jurisdiction of
the city;
(2) for which a plat has been filed; and
(3) that includes 100 or more residents.
(b) To protect the public interest, the district shall
provide or contract with a qualified party to provide emergency
services, including law enforcement, fire, and ambulance services,
in the territory described by Subsection (a).
Sec. 3926.108. NO TOLL ROADS. The district may not
construct, acquire, maintain, or operate a toll road.
Sec. 3926.109. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
SUBCHAPTER C-1. IMPROVEMENT PROJECTS AND SERVICES
Sec. 3926.151. IMPROVEMENT PROJECTS AND SERVICES. The
district may provide, design, construct, acquire, improve,
relocate, operate, maintain, or finance an improvement project or
service using any money available to the district, or contract with
a governmental or private entity to provide, design, construct,
acquire, improve, relocate, operate, maintain, or finance an
improvement project or service authorized under this chapter or
Chapter 375, Local Government Code.
Sec. 3926.152. BOARD DETERMINATION REQUIRED. The district
may not undertake an improvement project unless the board
determines the project:
(1) is necessary to accomplish a public purpose of the
district; and
(2) complies with the development agreement entered
into under Section 3926.004(a)(2) or the parties to that
development agreement agree to the project, in writing.
Sec. 3926.153. LOCATION OF IMPROVEMENT PROJECT. An
improvement project may be inside or outside the district.
Sec. 3926.154. CITY REQUIREMENTS. (a) An improvement
project in the corporate limits of the city must comply with any
applicable requirements of the city, including codes and
ordinances, that are consistent with the development agreement
entered into under Section 3926.004(a)(2).
(b) The district may not provide, conduct, or authorize any
improvement project on the city's streets, highways,
rights-of-way, or easements without the consent of the governing
body of the city by ordinance or resolution.
Sec. 3926.155. IMPROVEMENT PROJECT AND SERVICE IN DEFINABLE
AREA. The district may undertake an improvement project or service
that confers a special benefit on a definable area in the district
and levy and collect a special assessment on benefited property in
the district in accordance with Chapter 375, Local Government Code.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
Sec. 3926.201. DISBURSEMENTS AND TRANSFERS OF MONEY. The
board by resolution shall establish the number of directors'
signatures and the procedure required for a disbursement or
transfer of the district's money.
Sec. 3926.202. MONEY USED FOR IMPROVEMENTS OR SERVICES.
The district may undertake and provide an improvement project or
service authorized by this chapter using any money available to the
district.
Sec. 3926.203. BORROWING MONEY; OBLIGATIONS. (a) The
district may borrow money for any district purpose, including
refunding district obligations or paying authorized district
costs, without holding an election by issuing bonds, notes, time
warrants, or other obligations, or by entering into a contract,
reimbursement agreement, or other agreement payable wholly or
partly from an assessment, a contract payment, a grant, revenue
from a zone created under Chapter 311 or 312, Tax Code, other
district revenue, or a combination of these sources.
(b) An obligation or agreement described by Subsection (a):
(1) may bear interest at a rate determined by the
board; and
(2) may include a term or condition as determined by
the board.
Sec. 3926.204. ASSESSMENTS. (a) Except as provided by
Subsection (b), the district may impose an assessment on property
in the district to pay for an obligation described by Section
3926.203 or to pay the costs of acquiring, maintaining, operating,
improving, or constructing district improvements in the manner
provided for a district under Subchapters A, E, and F, Chapter 375,
Local Government Code.
(b) The district may not impose an assessment on a
municipality, county, or other political subdivision.
Sec. 3926.205. NOTICE OF ASSESSMENTS. (a) The board shall
annually file written notice with the secretary of the city that
specifies the assessments the district will impose in the
district's next fiscal year in sufficient clarity to describe the
assessments for the operation and maintenance of the district and
the assessments for the payment of debt service of obligations
issued or incurred by the district.
(b) The board shall annually record in the deed records of
the county a current assessment roll approved by the governing body
of the city.
(c) The assessment roll must clearly state that the
assessments in the assessment roll are in addition to the ad valorem
taxes imposed by other taxing units that tax real property in the
district.
(d) The district shall generate and implement a program to
provide notification to a prospective purchaser of property in the
district of the assessments that have been approved and are imposed
by the district.
Sec. 3926.206. RESIDENTIAL PROPERTY NOT EXEMPT. Section
375.161, Local Government Code, does not apply to the district.
Sec. 3926.207. NO IMPACT FEES. The district may not impose
an impact fee.
Sec. 3926.208. NO AD VALOREM TAX. The district may not
impose an ad valorem tax.
SUBCHAPTER E. DISSOLUTION
Sec. 3926.251. DISSOLUTION BY CITY. (a) The city may
dissolve the district by ordinance.
(b) Notwithstanding Subsection (a), the city may not
dissolve the district until:
(1) the district's outstanding debt or contractual
obligations have been repaid or discharged; or
(2) the city agrees to succeed to the rights and
obligations of the district.
Sec. 3926.252. COLLECTION OF ASSESSMENTS AND OTHER REVENUE.
(a) If the dissolved district has bonds or other obligations
outstanding secured by and payable from assessments or other
revenue, the city succeeds to the rights and obligations of the
district regarding enforcement and collection of the assessments or
other revenue.
(b) The city shall have and exercise all district powers to
enforce and collect the assessments or other revenue to pay:
(1) the bonds or other obligations when due and
payable according to their terms; or
(2) special revenue or assessment bonds or other
obligations issued by the city to refund the outstanding bonds or
obligations of the district.
Sec. 3926.253. ASSUMPTION OF ASSETS AND LIABILITIES. (a)
After the city dissolves the district, the city assumes the
obligations of the district, including any bonds or other debt
payable from assessments or other district revenue.
(b) If the city dissolves the district, the board shall
transfer ownership of all district property to the city.
SECTION 2. The Riverwalk Municipal Management District No.
1 initially includes all the territory contained in the following
area:
Lot 2R1, Block A, The River Walk at Central Park
87.678 Acres
Being all that certain lot, tract or parcel of land situated in the
Carlos Chacon Survey, Abstract Number 299 and the J. T. Stewart
Survey, Abstract Number 1161, Town of Flower Mound, Denton County,
Texas, being part of that certain called 80 acre tract of land
described in deed to Manco Investments, Incorporated recorded in
Volume 439, Page 352 of the Deed Records of Denton County, Texas,
and being part of that certain called 252.86 acre tract described as
Part Two in deed to Edward S. Marcus recorded in Volume 470, Page
131 of the Deed Records of Denton County, Texas, and being part of
that certain called 28.061 acre tract of land described in deed to
Edward S. Marcus recorded in Volume 614, Page 150 of the Deed
Records of Denton County, Texas, and being part of that certain
called 229.56 acre tract of land described in deed to Flower Mound
Development Venture recorded in Volume 1361, Pages 874 and 879 of
the Real Property Records of Denton County, Texas, being part of
that certain tract of land described as Tract 1 in deed to Flower
Mound CBD, LTD., recorded in Document Number 07-145337 of the Real
Property Records of Denton County, Texas, being all of Lot 2R1,
Block A, The River Walk at Central Park 11/2010, an addition to the
Town of Flower Mound according to the plat thereof recorded in
Document Number 2011-23 of the Plat Records of Denton County,
Texas, and being more particularly described as follows:
BEGINNING at a 1/2" capped rebar (G & A) found at the most easterly
northeast corner of said Lot 2R1, Block A, The River Walk at Central
Park 11/2010, being on the south line of that certain called 13.948
acre tract of land described in deed to the Town of Flower Mound
recorded in Volume 723, Page 858 of the Deed Records of Denton
County, Texas, and being on the west line of Morriss Road, a public
roadway having a 122 foot right-of-way at this point;
THENCE along the east line of said Lot 2R1 and the west line of
Morriss Road the following:
S 00°14'40" E, 146.45 feet, to a 1/2" capped rebar (G&A)
found;
N 89°41'20" E, 12.00 feet, to a 1/2" capped rebar (G&A) found;
S 06°35'55" W, 113.59 feet, to a 1/2" capped rebar (G&A)
found;
S 00°14'40" E, 194.59 feet, to a 1/2" capped rebar (G&A)
found;
N 89°41'20" E, 13.52 feet, to a 1/2" capped rebar (G&A) found;
S 00°14'40" E, 79.16 feet, to a 1/2" capped rebar (G&A) found;
S 06°35'55" W, 110.01 feet, to a 1/2" capped rebar (G&A)
found;
S 00°14'40" E, 197.13 feet, to a 1/2" capped rebar (G&A)
found;
N 89°41'20" E, 13.11 feet, to a 1/2" capped rebar (G&A) found;
S 00°14'40" E, 149.77 feet, to a 1/2" capped rebar (G&A)
found;
S 06°35'55" W, 100.71 feet, to a 1/2" capped rebar (G&A)
found;
S 00°14'40" E, 156.50 feet, to a 1/2" capped rebar (G&A) found
on the north line of 5TH Avenue (called 37 foot right-of-way);
THENCE S 89°41'20" W, 501.61 feet, along the north line of 5TH Avenue
to a 1/2" capped rebar (G&A) found on the west line of Broadway
Avenue;
THENCE S 00°18'40" E, 944.75 feet, along the west line of Broadway
Avenue to a 1/2" capped rebar (G&A) found on the south line of 3RD
Avenue;
THENCE N 89°41'20" E, 512.51 feet, along the south line of 3RD
Avenue, to a 1/2" capped rebar (G&A) found on the west right-of-way
line of Morriss Road and the east line of said Lot 2R1;
THENCE along the east line of said Lot 2R1 and the west line of
Morriss Road the following:
S 00°14'40" E, 20.82 feet, to a 1/2" capped rebar (G&A) found;
S 06°35'55" W, 94.74 feet, to a 1/2" capped rebar (G&A) found;
S 00°14'40" E, 195.13 feet, to a 1/2" capped rebar (G&A)
found;
N 89°41'20" E, 11.29 feet, to a 1/2" capped rebar (G&A) found;
S 00°14'40" E, 23.65 feet, to a 1/2" capped rebar (G&A) found;
S 06°35'55" W, 75.54 feet, to a 1/2" capped rebar (G&A) found;
S 00°14'40" E, 165.62 feet, to a 1/2" capped rebar (G&A) found
on the north right-of-way line of Buckeye Drive, a public roadway
having a variable width right-of-way, as shown on the Record Plat of
The Forums Phase III, an addition to the Town of Flower Mound,
Denton County, Texas, according to the plat thereof recorded in
Cabinet O, Page 19 of the Plat Records of Denton County, Texas;
THENCE along the north right-of-way line of Buckeye Drive the
following:
S 44°58'45" W, 8.57 feet, to a 1/2" G&A capped rebar found;
S 89°30'10" W, 65.00 feet, to a 1/2" G&A capped rebar found;
S 82°17'25" W, 112.84 feet, to a 1/2" G&A capped rebar found at
the beginning of a curve to the left;
THENCE along the arc of said curve having a radius of 530.00 feet, a
central angle of 19°23'37", whose chord bears S 72°35'37" W, 178.54
feet, an arc length of 179.40 feet to a 1/2" G&A capped rebar found
on the west line of Olympia Drive, a public roadway having a
right-of-way of 60 feet;
THENCE S 00°17'15" E, 490.97 feet, along the west line of Olympia
Drive to a 1/2" rebar found at the northeast corner of Lot 1, Block A
of The Forums Phase III;
THENCE S 89°42'45" W, 233.98 feet, along the north line of said Lot 1
to a 1/2" rebar found at an angle point;
THENCE N 83°05'40" W, along the north line of said Lot 1, passing at
10 feet the northwest corner thereof and the northeast corner of
Forums Drive, a public roadway having a right-of-way of 60 feet at
this point, continuing along the north line of Forums Drive a total
distance of 70.00 feet to a 1/2" rebar found at the northwest corner
of Forums Drive;
THENCE in a southwesterly direction along the west line of Forums
Drive with the arc of a curve to the right having a radius of 520.00
feet, a central angle of 11°39'42", whose chord bears S 12°44'11" W,
105.66 feet, an arc length of 105.84 feet to a 1/2" rebar found at a
point of compound curvature;
THENCE in a southwesterly direction along the west line of Forums
Drive with the arc of a curve to the right having a radius of 400.00
feet, a central angle of 23°33'43", whose chord bears S 30°28'28" W,
163.34 feet, an arc length of 164.49 feet to a 1/2" rebar found at a
point of tangency;
THENCE S 42°15'20" W, 182.38 feet, along the west line of Forums
Drive to a 1/2" rebar found at a point of curvature of a curve to the
left, being the southwesterly corner of Forums Drive as shown on the
aforementioned plat of The Forums Phase III and being the
northwesterly corner of Forums Drive, having a right-of-way of 80
feet at this point, as shown on the revised final plat of The Forums
Residential, an addition to the Town of Flower Mound, Denton
County, Texas, according to the plat thereof recorded in Cabinet F,
Page 136 of the Plat Records of Denton County, Texas;
THENCE along the west line of Forums Drive with the arc of said
curve to the left having a radius of 690.00 feet, a central angle of
05°00'26", whose chord bears S 39°45'08" W, 60.28 feet, an arc length
of 60.30 feet to a 1/2" rebar found on the north line of Euclid
Avenue, a public roadway having a right-of-way of 60 feet, at its
intersection with the west line of Forums Drive;
THENCE N 57°47'20" W, 29.46 feet, along the north line of Euclid
Avenue to a 1/2" rebar found at point of curvature of a curve to the
left;
THENCE along the north line of Euclid Avenue with the arc of said
curve to the left having a radius of 1030.00 feet, a central angle
of 12°36'55", whose chord bears
N 64°06'30" W, 226.33 feet, an arc length of 226.78 feet to a 1/2"
rebar found at the southeast corner of Lot 40, Block 1 of The Forums
Residential;
THENCE N 05°10'05" E, 279.16 feet, along the east line of Lots 40,
39, 38 and 37, Block 1 of The Forums Residential to a point on a
non-tangent curve to the left (this point falls in a pond);
THENCE continuing along the east line of Lots 37, 36, 35, 34, 33,
32, 31 and 30, Block 1 with the arc of said non-tangent curve having
a radius of 1180.00 feet, a central angle of 23°11'00", whose chord
bears N 11°44'54" W, 474.21 feet, an arc length of 477.46 to the end
of said non-tangent curve (this point falls in a pond);
THENCE N 23°32'15" W, 162.40 feet, continuing along the east line of
Lots 30, 29 and 28, Block 1 to a 1/2" rebar found at the northeast
corner Lot 28, Block 1, and being on the south line of Lot 27, Block
1;
THENCE N 62°37'50" E, 132.45 feet, along the south line of said Lot
27, Block 1 to a 1/2" rebar found at the southeast corner thereof;
N
THENCE N 61°46'50" W, 191.93 feet along the east line of Lot 27,
Block 1 to a 1/2" rebar found at a point of curvature of a curve to
the right;
THENCE continuing along the east line of said Lots 27, 26, 25, 24,
23 and 22, Block 1 with the arc of said curve to the right having a
radius of 600.00 feet, a central angle of 42°30'10", whose chord
bears N 40°31'45" W, 434.95 feet, an arc length of 445.09 feet to a
1/2" rebar found at a point of tangency;
THENCE N 19°16'40" W, 94.67 feet, continuing along the east line of
said Lot 22, Block 1 to a 1/2" rebar found at the northeast corner
thereof;
THENCE S 89°29'00" W, 516.32 feet, along the north line of Lots 22,
21, 20, 19 and 18, Block 1, passing the northwest corner of said Lot
18 and the northeast corner of a 150 foot right-of-way dedication
shown on the plat of The Forums Residential, same being the
northeast corner of that certain right-of way abandonment to
Formosa Plastics Development recorded in Document Number 01-3781 of
the Real Property Records of Denton County, Texas, continuing along
the north line thereof to a 1/2" capped rebar (G&A) found on the
east line of a variable width right-of-way dedication according to
said plat recorded in Cabinet Y, Pages 700-703, Denton County Plat
Records, from which point, a Texas Department of Transportation
aluminum disc found (TXDOT monument found) on the east line of F.M.
2499 (Long Prairie Road), a public roadway having a variable width
right-of-way, being the northwest corner of said right-of-way
abandonment, and being the southeast corner of that certain called
4.0797 acre tract of land described in deed to the Town of Flower
Mound, Texas, recorded in Document Number 96-53454 of the Real
Property Records of Denton County, Texas, being in a curve to the
right;
THENCE Northeasterly, along the west line of said Lot 2R1, the east
right-of-way line of F. M. Highway 2499-Long Prairie Road, with the
arc of said curve having a radius of 225.00 feet, a central angle of
11°56'28", whose chord bears N 07°22'01" E, 46.81 feet, an arc length
of 46.89 feet, to a 1/2" capped rebar (G&A) found at a point of
reverse curvature;
THENCE Northeasterly, continuing along said line and with the arc
of said curve having a radius of 225.00 feet, a central angle of
13°48'15", whose chord bears N 06°26'07" E, 54.08 feet, an arc length
of 54.21 feet, to a 1/2" capped rebar (G&A) found;
THENCE N 00°28'00" W, 218.30 feet, continuing along said line, to a
1/2" capped rebar (G&A) found;
THENCE N 44°32'00" E, 14.14 feet, continuing along said line, to a
1/2" capped rebar (G&A) found;
THENCE N 00°28'00" W, 30.00 feet, continuing along said line, to a
1/2" capped rebar (G&A) found;
THENCE N 45°28'00" W, 21.84 feet, continuing along said line, to a
1/2" capped rebar (G&A) found;
THENCE N 00°29'00" W, 252.59 feet, continuing along said line, to a
1/2" capped rebar (G&A) found on the south line of Central Park
Avenue;
THENCE N 89°41'20" E, 470.19 feet, along the south line of Central
Park Drive to a 1/2" capped rebar (G&A) found;
THENCE N 00°18'40" W, 46.00 feet, to a 1/2" capped rebar (G&A);
THENCE N 89°41'20" E, 578.91 feet, to a 1/2" capped rebar (G&A) found
at the southerly southeast corner of Lot 11X;
THENCE Northeasterly, continuing along the east line of Lot 11X
with the arc of a curve to the right having a radius of 293.50 feet,
a central angle of 36°52'02", whose chord bears N 18°07'31" E, 185.61
feet, an arc length of 188.85 feet, to a 1/2" capped rebar (G&A)
found at a point of compound curvature;
THENCE Northeasterly, continuing along the east line of Lot 11X
with the arc of a curve to the right having a radius of 143.50 feet,
a central angle of 53°07'48", whose chord bears N 63°07'26" E, 128.35
feet, an arc length of 133.07 feet, to a 1/2" capped rebar (G&A) set
at a point of tangency;
THENCE N 89°41'20" E, 82.10 feet, along the south line of Lot 11X to
a 1/2" capped rebar (G&A) found at the easterly southeast corner
thereof;
THENCE N 00°18'40" E, passing the northeast corner of said Lot 11X
and the southeast corner of Lot 10, continuing along the common line
between Lot 2R1 and Lot 10 a distance of 916.39 feet, to a 1/2"
capped rebar (G&A) set at the most easterly northeast corner of Lot
10 and being on the south line of said 13.948 acre tract;
THENCE along the common line between said Lot 2R1, said 229.56 acre
tract and said 13.948 acre tract the following:
N 89°30'00" E, 366.96 feet, to a 1/2" G&A capped rebar found;
N 00°30'00" W, 230.00 feet, to a 1/2" G&A capped rebar found;
N 89°30'00" E, 483.26 feet to the POINT OF BEGINNING and containing
approximately 87.678 acres of land.
LEGAL DESCRIPTION
5.581 ACRES
Being all that certain lot, tract or parcel of land situated in the
J. T. Stewart Survey, Abstract Number 1161, Town of Flower Mound,
Denton County, Texas, being part of that certain called 252.86 acre
tract of land described as Part Two in deed to Edward S. Marcus
recorded in Volume 470, Page 131 of the Deed Records of Denton
County, Texas, and being part of that certain called 229.56 acre
tract of land described in deed to Flower Mound Development Venture
recorded in Volume 1361, Pages 874 and 879 of the Real Property
Records of Denton County, Texas, and being all of Lot 2, Block A,
Riverwalk Market Addition, an addition to the Town of Flower Mound,
Denton County, Texas, according to the plat thereof recorded in
Document Number 2013-38 of the Plat Records of Denton County,
Texas, and being more particularly described as follows:
BEGINNING the northwest corner of said Lot 2, and being the
northeast corner of Lot 1, Block A of said addition, and being on
the south line of the Revised Final Plat of The Forums Residential,
an addition to the Town of Flower Mound, Denton County, Texas,
according to the plat thereof recorded in Cabinet F, Page 136 of the
Plat Records of Denton County, Texas, and being on the south line of
Euclid Avenue (called 60 foot right-of-way);
THENCE along the south line of said Forums Residential and the south
line of said Euclid Avenue with the arc of a curve to the right
having a central angle of 28°27'07", a radius of 970.00 feet and an
arc length of 481.68 feet whose chord bears S 72°36'43" E, 476.75
feet to the northwest corner of a called 0.054 acre right-of-way
dedication for Forums Drive shown on said plat;
THENCE S 12°11'30" W, 154.04 feet along the west line of said 0.054
acre right-of-way dedication and the west line of said Forums Drive
to a point on the arc of a curve to the left on the west line of
Forums Drive, (called 80 foot right-of way at this point);
THENCE along the west line of said Forums Drive with the arc of a
curve to the left having a central angle of 12°53'05" a radius of
690.00 feet and an arc length of 155.17 feet whose chord bears S
13°42'23" W, 154.84 feet to a 1/2" rebar found at the most southerly
southwest corner of said Forums Residential, same being the
northwest corner of Phase I of The Forums, an addition to the Town
of Flower Mound, Denton County, Texas, according to the plat
thereof recorded in Cabinet F, Page 146 of the Plat Records of
Denton County, Texas;
THENCE along the west line of said Forums Drive and the west line of
said Phase I of The Forums with the arc of a curve to the left having
a central angle of 07°31'31", a radius of 1240.00 feet and an arc
length of 162.86 feet whose chord bears
S 03°20'43" W, 162.74 feet to a 1/2" G&A capped rebar found;
THENCE S 00°17'00" E, 53.69 feet along the west line of said Forums
Drive and the west line of said Phase I of The Forums to a 1/2" G&A
capped rebar found;
THENCE along the west line of said Forums Drive and the west line of
said Phase I of The Forums with the arc of a curve to the right
having a central angle of 02°36'53", a radius of 1000.00 feet and an
arc length of 45.63 feet whose chord bears S 01°01'26" W, 45.63 feet
to a 1/2" G&A capped rebar found at the northeast corner of Lot 1,
Block 5, The Forums, an addition to the Town of Flower Mound, Denton
County, Texas, according to the plat thereof recorded in Cabinet H,
Page 38 of the Plat Records of Denton County, Texas;
THENCE N 77°22'40" W, along the north line of said Lot 1, Block 5,
passing at 174.66 feet a 1/2" rebar found at the northwest corner
thereof, continuing along the common line between said Lots 1 and 2
a total distance of 180.60 feet;
THENCE along the common line between said Lots 1 and 2 the
following:
N 12°37'20" E, 49.83 feet;
N 77°22'40" W, 79.08 feet;
N 32°22'40" W, 5.90 feet;
N 77°22'40" W, 77.49 feet;
S 00°29'12" W, 4.06 feet;
N 77°22'40" W, 15.23 feet;
N 00°29'12" E, 4.06 feet;
N 77°22'40" W, 74.53 feet;
N 12°37'20" E, 151.63 feet;
N 00°00'25" E, 410.38 feet to the POINT OF BEGINNING and
containing approximately 5.581acres of land.
LEGAL DESCRIPTION
Part of Lot 2R, Block A, The River Walk at Central Park 03/2010
6.894 Acres
Being all that certain lot, tract or parcel of land situated in the
Carlos Chacon Survey, Abstract Number 299, Town of Flower Mound,
Denton County, Texas, being part of Lot 2R, Block A, The River Walk
at Central Park 03/2010, an addition to the Town of Flower Mound
according to the plat thereof recorded in Document Number 2010-70
of the Plat Records of Denton County, Texas, and being more
particularly described as follows:
BEGINNING at a 1/2" capped rebar (G & A) found at the most northerly
northwest corner of said Lot 2R, Block A, The River Walk at Central
Park 03/2010, being the most westerly southwest corner of that
certain called 13.948 acre tract of land described in deed to the
Town of Flower Mound recorded in Volume 723, Page 858 of the Deed
Records of Denton County, Texas, and being on the east line of that
certain called 2.631 acre tract of land described as Tract III in
deed to Hawks Ramsey, LLC recorded in Document Number 2006-35586 of
the Real Property Records of Denton County, Texas;
THENCE along the common line between said Lot 2R and said 13.948
acre tract, the following:
N 89°30'00" E, 280.00 feet, to a 1/2" capped rebar (G & A)
found;
S 00°30'00" E, 400.00 feet, to a 1/2" capped rebar (G & A)
found;
N 89°30'00" E, 170.00 feet, to a 1/2" capped rebar (G & A)
found;
S 00°30'00" E, 230.00 feet, to a 1/2" capped rebar (G & A)
found;
and N 89°30'00" E, 93.04 feet, to a 1/2" capped rebar (G & A) set;
THENCE S 00°18'40" E, 101.45 feet, to a 1/2" capped rebar (G & A)
set;
THENCE S 89°41'20" W, 230.48 feet, to a 1/2" capped rebar (G & A)
set;
THENCE S 00°18'40" E, 98.79 feet, to a 1/2" capped rebar (G & A) set;
THENCE S 88°04'50" W, passing at 43.03 feet, a 1/2" capped rebar (G &
A) found at an inner ell corner of said Lot 2R, being the northeast
corner of Lot 1R, Block A, The River Walk at Central Park 03/2010,
and continuing a total distance of 307.41 feet, to a 5/8" rebar
found at an outer ell corner of said Lot 2R, being the southeast
corner of that certain called 6.314 acre tract of land described in
deed to Prairie Road Partners, Ltd. recorded in Document Number
2005-123316 of the Real Property Records of Denton County, Texas;
THENCE N 00°47'30" W, 350.03 feet, along the most northerly west
line of said Lot 2R and the east line of said 6.314 acre tract, to a
1/2" rebar found at the northeast corner thereof, being the
southeast corner of said Hawks Ramsey called 2.631 acre tract;
THENCE N 00°49'50" W, 487.07 feet, continuing along said line, to
the POINT OF BEGINNING and containing approximately 6.894 acres of
land.
LEGAL DESCRIPTION
Tract II
4.860 Acres
Being all that certain lot, tract or parcel of land situated in the
J. T. Stewart Survey, Abstract Number 1161, Town of Flower Mound,
Denton County, Texas, being part of that certain called 252.86 acre
tract of land described as Part Two in deed to Edward S. Marcus
recorded in Volume 470, Page 131 of the Deed Records of Denton
County, Texas, and being part of that certain called 229.56 acre
tract of land described in deed to Flower Mound Development Venture
recorded in Volume 1361, Pages 874 and 879 of the Real Property
Records of Denton County, Texas, and being more particularly
described as follows:
BEGINNING at a 1/2" capped rebar found stamped DC&A at the southeast
corner of Lot 1, Block A, Primrose School at The Forums, an addition
to the Town of Flower Mound according to the plat thereof recorded
in Cabinet P, Page 258 of the Plat Records of Denton County, Texas,
and being on the west right-of-way line of Morriss Road, having a
called 110 foot right-of-way at this point, according to deed to the
Town of Flower Mound recorded in Volume 2091, Page 418 of the Real
Property Records of Denton County, Texas;
THENCE S 00°06'30" E, 703.50 feet, along the west right-of-way line
of Morriss Road, to an "X" in concrete found at the northeast corner
of Lot 1, Block A, Kids R Kids Addition, an addition to the Town of
Flower Mound according to the plat thereof recorded in Cabinet M,
Page 47 of the Plat Records of Denton County, Texas;
THENCE S 89°45'15" W, 299.93 feet, along the north line of said Kids
R Kids Addition, to a 1/2" capped rebar found stamped Arthur
Surveying at the northwest corner thereof, being on the east
right-of-way line of Olympia Drive;
THENCE N 00°17'15" W, 703.12 feet, along the east line of Olympia
Drive, to a 1/2" capped rebar found stamped DC&A at the southwest
corner of said Lot 1, Block A, Primrose School at The Forums;
THENCE N 89°41'00" E, 302.13 feet, along the south line of said Lot
1, Block A, Primrose School at The Forums, to the POINT OF BEGINNING
and containing approximately 4.860 acres of land.
LEGAL DESCRIPTION
10.306 Acres
Being all that certain lot, tract or parcel of land situated in the
Carlos Chacon Survey, Abstract Number 290 and the J. T. Stewart
Survey, Abstract Number 1161, Town of Flower Mound, Denton County,
Texas, being part of that certain called 252.86 acre tract
described as Part Two in deed to Edward S. Marcus recorded in Volume
470, Page 131 of the Deed Records of Denton County, Texas, and part
of that certain called 229.56 acre tract of land described in deed
to Flower Mound Development Venture recorded in Volume 1361, Pages
874 and 879 of the Real Property Records of Denton County, Texas,
being part of that certain called 134.329 acre tract of land
described as Tract 1 in deed to Flower Mound CBD, Ltd. recorded in
Document Number 07-145337 of the Real Property Records of Denton
County, Texas, being part of that certain called 134.329 acre tract
of land described as Tract 1 in deed to Flower Mound CBD, Ltd.
recorded in Document Number 07-145337 of the Real Property Records
of Denton County, Texas, and being more particularly described as
follows:
BEGINNING at a 1/2" capped rebar (G & A) set on the east line of said
134.329 acre Flower Mound CBD, Ltd. tract, from which an "X" in
concrete found at the northeast corner thereof bears N 00°14'40" W,
1263.99 feet, said beginning point being on the west right-of-way
line of Morriss Road according to deed to the Town of Flower Mound
recorded in Volume 2091, Page 418 of the Real Property Records of
Denton County, Texas;
THENCE S 00°14'40" E, 907.75 feet, along the east line of said
134.329 acre tract and the west right-of-way line of Morriss Road,
to a 1/2" capped rebar (G & A) set;
THENCE S 89°41'20" W, 494.03 feet, to a 1/2" capped rebar (G & A)
set;
THENCE N 00°18'40" W, 907.75 feet, to a 1/2" capped rebar (G & A)
set;
THENCE N 89°41'20" E, 495.09 feet, to the POINT OF BEGINNING and
containing approximately 10.306 acres 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,
lieutenant governor, and 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 have been
fulfilled and accomplished.
SECTION 4. This Act takes effect September 1, 2013.