|
|
|
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 may 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 may 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; and |
|
(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 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) any obligations when due and payable according to |
|
their terms; or |
|
(2) other obligations issued by the city to refund |
|
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 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. |
|
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 5.581 acres of land. |
|
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. |
|
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. |
|
Tract III |
|
2.095 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" rebar found at the southwest corner of Lot 1, |
|
Block A, Flower Mound Post Office Addition, an addition to the Town |
|
of Flower Mound according to the plat thereof recorded in Cabinet L, |
|
Page 285 of the Plat Records of Denton County, Texas, and being on |
|
the north right-of-way line of Olympia Drive; |
|
THENCE S 89°44'40" W, 291.16 feet, along the north right-of-way line |
|
of Olympia Drive, to a 1/2" rebar found on the east right-of-way |
|
line of Forums Drive, being in a curve to the right; |
|
THENCE Northeasterly, along the east right-of-way line of Forums |
|
Drive and with the arc of said curve having a radius of 1160.00 |
|
feet, a central angle of 00°47'01", whose chord bears N 06°52'20" E, |
|
15.86 feet, an arc length of 15.86 feet, to 1/2" rebar found at a |
|
point of compound curvature; |
|
THENCE Northeasterly, continuing along the east right-of-way line |
|
of Forums Drive and with the arc of said curve having a radius of |
|
610.00 feet, a central angle of 34°59'30", whose chord bears N |
|
24°45'36" E, 366.78 feet, an arc length of 372.54 feet, to a 1/2" |
|
rebar found; |
|
THENCE N 42°15'20" E, 86.55 feet, continuing along the east |
|
right-of-way line of Forums Drive, to a 1/2" rebar found at the |
|
point of curvature of a curve to the left; |
|
THENCE Northeasterly, continuing along said right-of-way line and |
|
with the arc of said curve having a radius of 698.38 feet, a central |
|
angle of 06°17'17", whose chord bears N 39°06'42" E, 76.61 feet, an |
|
arc length of 76.65 feet, to 1/2" rebar found at the westerly |
|
southwest corner of Lot 1, Block A, The Forums, Phase III, an |
|
addition to the Town of Flower Mound according to the plat thereof |
|
recorded in Cabinet O, Page 19 of the Plat Records of Denton County, |
|
Texas; |
|
THENCE S 53°58'50" E, 33.52 feet, along the southwesterly line of |
|
said Lot 1, to a 1/2" rebar found at the most south southwest corner |
|
thereof and the northwest corner of Lot 1, Block A, Flower Mound |
|
Post Office Addition; |
|
THENCE S 00°15'20" E, 451.31 feet, along the west line of same, to |
|
the POINT OF BEGINNING and containing approximately 2.095 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. |