Bill Text: TX SB2047 | 2015-2016 | 84th Legislature | Comm Sub

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

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Bill Title: Relating to the territory included in, the composition of the board of directors of, and the powers of the Harris County Improvement District No. 17.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2015-05-23 - Comm. report sent to Local & Consent Calendar [SB2047 Detail]

Download: Texas-2015-SB2047-Comm_Sub.html

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By: Creighton S.B. No. 2047
(In the Senate - Filed April 13, 2015; April 13, 2015, read
first time and referred to Committee on Intergovernmental
Relations; May 6, 2015, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 4, Nays 0;
May 6, 2015, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 2047 By: Lucio

A BILL TO BE ENTITLED
AN ACT
relating to the territory included in, the composition of the board
of directors of, and the powers of the Harris County Improvement
District No. 17.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 3891, Special District
Local Laws Code, is amended by adding Section 3891.109 to read as
follows:
Sec. 3891.109. ENFORCEMENT OF REAL PROPERTY RESTRICTIONS.
Section 54.237, Water Code, applies to the district.
SECTION 2. Subchapter D, Chapter 3891, Special District
Local Laws Code, is amended by adding Section 3891.159 to read as
follows:
Sec. 3891.159. POWERS OF MUNICIPAL UTILITY DISTRICT TO
ESTABLISH DEFINED AREAS AND DESIGNATED PROPERTY; TAXES; BONDS. The
district has the powers of a municipal utility district under
Subchapter J, Chapter 54, Water Code, including the power to:
(1) implement a plan;
(2) issue bonds; and
(3) impose a tax in a defined area established under
that subchapter.
SECTION 3. (a) On the later of June 1, 2015, or the
effective date of this Act, the board of directors of the Harris
County Improvement District No. 17 is dissolved.
(b) On the effective date of this Act, the board of
directors of the Harris County Improvement District No. 17 is
reconstituted and is composed of the following directors:
Pos. No. Name of Director
1 James F. Wine
2 Joe Bullard
3 C. Laurence Allen Jr.
4 Daniel Dodson
5 Kendrick A. James
(c) The terms of the directors in positions 1, 2, and 3
expire June 1, 2017.
(d) The terms of the directors in positions 4 and 5 expire
June 1, 2019.
(e) The Harris County Commissioners Court shall appoint
successor directors as provided by Section 3891.052, Special
District Local Laws Code.
SECTION 4. The following territory is added to the
territory of the Harris County Improvement District No. 17:
HARRIS COUNTY:
Tract 1 (FM 2920 and Telge) is +/- 117 acres in size, within the W.
Hurd Survey (Abstract No. 377) and situated southwest of the
intersection of Farm-to-Market 2920 (Waller-Tomball) and Telge
Roads in northwest Harris County with point of beginning being
northeast corner of 111 tract (ABST 377W HURD TRS 3C 3D 4A & 5A) and
west Right-Of-Way (ROW) of Telge Road;
Then south along west ROW of Telge Road and east boundary of 111
tract (ABST 377W HURD TRS 3C 3D 4A & 5A) to southeast corner of said
tract;
Then generally west northwest along south boundary of said 111 acre
tract to southwest corner of said tract;
Then north along west boundary of said 111 tract, and 4 acre tract
(ABST 377 W HURD TR 4) to northwest corner of said 4 acre tract and
south ROW of FM 2920 Rd.;
Then east along north boundary of said 4 acre tract and south ROW of
FM 2920 Rd. to northeast corner of said tract;
Then south along east boundary of said 4 acre tract to southeast
corner of said tract and north boundary of 111 acre tract (ABST 377
W HURD TRS 3C 3D 4A & 5A);
Then east along north boundary of said 111 acre tract to northeast
corner of said tract, west ROW of Telge Road and point of beginning
of +/-117 acre tract 1;
Tract 2 (Decker Prairie-Rosehill) is +/- 99 acres in size, within
the J. H. Edwards Survey (Abstract No. 20) and situated east
southeast of the intersection of Decker Prairie-Rosehill and Nutty
Farms Roads in northwest Harris County with point of beginning
being southwest corner of +/- 99 tract (ABST 20 J H EDWARDS TRS 9 &
10) and east Right-Of-Way (ROW) of Decker Prairie-Rosehill Rd.;
Then north along east ROW of Decker Prairie-Rosehill Rd. and west
boundary of said 99 acre tract to west northwest corner of said
tract and southwest corner of 50 acre tract (ABST 20 J H EDWARDS TR
4);
Then east along north boundary of said 99 acre tract, south boundary
of said 50 acre tract to interior corner of said 99 acre tract and
southeast corner of said 50 acre tract;
Then north along boundary of said 99 tract, and east boundary of
said 50 acre tract to north corner of said 99 acre tract and
southwest corner of 4.4 acre tract (HOLLY CREEK SEC 2 U/R TR 2A-L);
Then east along north boundary of said 99 acre tract, and south
boundary of HOLLY CREEK SEC 2 U/R TRACTS 2A-L, 2AK-2, 2AK-1, 2AJ,
2AA & 2J and 2H to northeast corner of said 99 acre tract;
Then south along east boundary of said 99 acre tract, and west
boundary of HOLLY CREEK U/R TRACTS P, H, PT TR C1 (HOMESITE), C2 and
C3 to southeast corner of said 99 acre tract;
Then west along south boundary of said 99 acre tract, and north
boundary of ESTATES OF HOLLY LAKE and ABST 20 J H EDWARDS PT TR 8B-2B
(AG-USE), TR 8B-2, TR 8F and TR 8B-2D to southwest corner of said 99
acre tract, east ROW of Decker Prairie-Rosehill Road and point of
beginning of +/-99 acre tract 2;
MONTGOMERY COUNTY:
Tract 3 (Colony at Pinehurst) being a 123.100 acres partially out of
(1) a called 15.511 acre tract described in deed recorded under
County Clerk's File No. 8405898, of the Montgomery County Real
Property Records (M.C.R.P.R.), (2) called 50.04 acre tract
described in deed recorded under VOL. 610, PG. 33, Montgomery
County Deed Records (M.C.D.R.), and (3) a called 76.277 acre
residue tract being the residue of that land described in deed
recorded under Vol. 1018, Pg. 610, (M.C.D.R.), being out of the
Buckman Canfield Survey, A-120, Montgomery County, Texas, and being
more particularly described by metes and bounds as follows:
Beginning at a 1/2 inch iron rod set in the southwesterly line of
that 0.3088 acre tract described in Lis Pendens for right-of-way
acquisition to widen S.H. 249 (Variable Width), in Clerk's File
No. 2014-020322, M.C.O.P.R.R.P., said point being in the westerly
line of said 15.511 acre tract, said point also being in the
northeasterly line of Lone Star Road (25 feet wide), and said point
having a Grid Coordinate: N=10,057,376.28, E=3,764,298.69;
1) THENCE, SOUTH 47°20'10" EAST, 1.59 feet along the
southwesterly line of said 0.3088 acre tract and the southwesterly
line of Proposed S.H. 249 to a 1/2 inch Iron Rod set for corner;
2) THENCE, NORTH 80°56'48" EAST, 50.03 feet along the
southwesterly line of said 0.3088 acre tract and the southwesterly
line of Proposed S.H. 249 to a 1/2 inch Iron Rod set for corner;
3) THENCE, SOUTH 59°19'41" EAST, 569.95 feet along the
southwesterly line of said 0.3088 acre tract and the southwesterly
line of Proposed S.H. 249 to a point for corner from which a found
1/2 inch iron rod bears NORTH 39°04'07" EAST, 0.51 feet, said point
being the beginning of a curve to the left;
4) THENCE, SOUTHEASTERLY, 60.46 feet along the southwesterly
line of said 0.3088 acre tract and the southwesterly line of
Proposed S.H. 249, being along the arc of said curve to the left,
having a radius of 5780.00 feet, a central angle of 00°35'58". and a
chord bearing SOUTH 59°37'40" EAST, 60.46 feet to the most easterly
corner of the herein described tract, from which a found "X" in
concrete bears NORTH 56°42'23" WEST 9.13 feet, said point being in
the northwesterly line of that 12.8767 acre tract described in
Clerk's File No. 2009-098999, M.C.O.P.R.R.P.;
5) THENCE, SOUTH 29°42'35" WEST, 660.32 feet along the
northwesterly line of said 12.8767 acre tract to a 1/2 inch iron rod
set for corner from which a found 1/2 inch iron rod bears SOUTH
72°14'28" EAST 23.04 feet;
6) THENCE, SOUTH 17°48'22" EAST, 401.89 feet along the
southwesterly line of said 12.8767 acre tract to a 1/2 inch iron rod
set for corner,
7) THENCE, SOUTH 42°35'57" EAST, 655.73 feet along the westerly
line of said 12.8767 acre tract to a 1/2 inch iron rod set for corner
at the most southerly corner of said 12.8767 tract, said point being
in the southeasterly line of said 49.953 acre tract;
8) THENCE, SOUTH 42°51'42" WEST, 563.49 feet along the
southeasterly line of said 49.953 acre tract to a 1/2 inch Iron rod
set for corner;
9) THENCE, SOUTH 41°39'16" WEST, 293.50 feet to a found 1/2" Iron
rod being the most southerly corner of said 49.953 acre tract;
10) THENCE, NORTH 47°59'29" WEST, 602.13 feet along the
southwesterly line of said 49.953 acre tract to a set 1/2 inch iron
rod at a reentrant corner of the herein described tract, said point
being the most northerly northeast corner of said 76.277 acre
tract;
11) THENCE, SOUTH 43°00'34" WEST, 1273.24 feet along the
southeasterly boundary of said 76.277 acre tract to a set 1/2 inch
iron rod for corner;
12) THENCE, SOUTH 47°56'16" EAST, 602.03 feet along the
southeasterly boundary of said 76.277 acre tract to a set 1/2 inch
iron rod for corner;
13) THENCE, SOUTH 42°59'33" WEST, 316.97 feet along the
southeasterly boundary of said 76.277 acre tract to a Fence Post;
14) THENCE, SOUTH 46°30'37" EAST, 896.01 feet along the
southeasterly boundary of said 76.277 acre tract to a Fence Post in
the northwesterly line of Goodson Loop (60 feet wide);
15) THENCE, SOUTH 47°32'56" WEST, 976.40 feet along the
southeasterly boundary of said 76.277 acre tract and along the
northwesterly line of Goodson Loop to a Fence Post;
16) THENCE, NORTH 46°52'34" WEST, 1050.23 feet along the
southeasterly boundary of said 76.277 acre tract to a 1/2" set for
corner, said point being the most northerly corner of that 9.5 acre
tract described in Volume 449, Page 85, M.C.D.R.;
17) THENCE, SOUTH 42°17'45" WEST, 398.79 feet along the
southeasterly boundary of said 76.277 acre tract to 1-1/2" Iron
pipe found for the most westerly corner of said 9.5 acre tract, said
point also being the most northerly corner of that 9.5 acre tract
described in Volume 449, Page 81, M.C.D.R.;
18) THENCE, SOUTH 42°09'37" WEST, 395.40 feet along the
southeasterly boundary of said 76.277 acre tract to a Fence Post at
the most westerly corner of last said 9.5 acre tract, said point
being in the northeasterly line of that 28.658 acre tract described
in Clerk's File No. 9141220, M.C.O.P.R.R.P;
19) THENCE, NORTH 46°45'48" WEST, 484.70 feet along the
southwesterly boundary of said 76.277 acre tract and along the
northeasterly line of said 28.658 acre tract o a 1/2" Iron rod found
n the southerly line of Goodson Loop;
20) THENCE, NORTH 42°12'08" EAST, 374.57 feet along the westerly
boundary of said 76.277 acre tract and the southeasterly line of
Goodson Loop to a 1/2" iron rod found for corner;
21) THENCE, NORTH 11°48'50" EAST, 49.34 feet along the westerly
boundary of said 76.277 acre tract and the southeasterly line of
Goodson Loop to a 1/2" iron rod found for corner, sad point being
the southerly corner of that 6.16 acre tract described in Clerk's
File No. 99073596, M.C.O.P.R.R.P;
22) THENCE, NORTH 43°05'09" EAST, 778.21 feet along the westerly
boundary of said 76.277 acre tract to the easterly corner of said
6.16 acre tract a found 1/2" iron rod at the southerly corner of
that 12.179 acre tract described in Clerk's File No. 99010255,
M.C.O.P.R.R.P;
23) THENCE, NORTH 42°55'37" EAST, 714.64 along the westerly
boundary of said 76.277 acre tract to an axle found for the easterly
corner of said 12.179 acre tract;
24) THENCE, NORTH 47°01'14" WEST, 669.36 feet along the westerly
boundary of said 76.277 acre tract and the easterly line of said
12.179 acre tract to a 1/2" iron rod found for corner;
25) THENCE, NORTH 42°12'14" EAST, 1427.72 feet along the westerly
boundary of said 76.277 acre tract and partially along the easterly
line of said 12.179 acre tract, and partially along the
southeasterly line of that 25.625 acre tract described in Volume
262, Page 104, M.C.D.R., to an axle found at the easterly corner of
said 25.625 acre tract;
26) THENCE, NORTH 47°59'29" WEST, 381.36 feet along the westerly
boundary of said 49.953 acre tract and along the easterly line of
said 25.625 acre tract to a found 6" iron pipe being the southerly
corner of that 3.942 acre tract described in Clerk's File
No. 904000351, M.C.O.P.R.R.P, said point also being in the in the
southeasterly line of Lone Star Road (unrecorded);
27) THENCE, NORTH 42°48'13" EAST, 460.34 feet along the
northwesterly line of said 49.953 acre tract and along the
southeasterly line of Lone Star Road to a 1/2 inch iron rod set for
the westerly corner of that called 5.00 acre tract described in
Clerk's File No. 2009-006904, M.C.R.P.R.;
28) THENCE, SOUTH 47°59'23" EAST, 420.37 feet along the boundary
of said 5.00 acre tract to a 1/2 inch iron rod set for corner;
29) THENCE, NORTH 42°48'13" EAST, 351.20 feet along the boundary
of said 5.00 acre tract to a 1/2 inch iron rod being in the
southwesterly line of a 50 foot wide Tejas Gas Pipeline Easement;
30) THENCE, NORTH 09°20'16" WEST, 532.38 feet along the boundary
of said 5.00 acre tract and along the westerly line of said Tejas
Gas Pipeline Easement to a point in the southeasterly line of Lone
Star Road, from which point a found 1/2 inch iron rod bears SOUTH
12°22'40" WEST, 1.86 feet;
31) THENCE, NORTH 42°48'13" EAST, 63.33 feet along the westerly
boundary of said 49.953 acre tract and along the southeasterly line
of Lone Star Road to a R.R. Spike, said point having a Grid
Coordinate: N=10,057,085.93, E=3,764,030.34, said point being the
northerly corner of said 49.953 acre tract, said point also being
the westerly corner of said 15.511 acre tract;
32) THENCE, NORTH 42°44'44" EAST, 395.37 feet along the
northwesterly line of said 15.511 acre tract and along the
southeasterly line of Lone Star Road to the POINT OF BEGINNING of
tract 3.
Tract 3 Note: All bearings are based on the Texas Coordinate
System, Central Zone, North American 1983 Datum. All coordinates
herein are grid. All distances are surface. Coordinates may be
converted to "surface" by using a CSF= 0.99996401912.
Tract 4 (Community Estates) being a 133.86 acre tract of land
located in and a portion of the Cyrus Wickson Survey, Abstract
No. 600, Montgomery County, Texas and being all of that certain
called 80 acre tract of land conveyed to E. J. Damuth by deed dated
February 17, 1839 of record under Volume 205, Page 206 of the
Montgomery County Deed Records (M.C.D.R.), being a portion of that
certain residue of a called 394.93 acre tract of land conveyed to
E.J. Damuth by deed dated December 26, 1936 and recorded under
Volume 191, Page 239 of said Deed Records and being a portion of
that certain called 100.49 acre tract of land conveyed to E. J.
Damuth by deed dated August 10, 1951 and recorded under Volume 318,
Page 351 of said Deed Records; said 133.86 acres of Iand more
particularly described as follows:
BEGINNING at a found 1-inch iron pipe at the northeasterly corner of
Mostyn Manor Section Six, a subdivision of record under File
No. 2014048464 of the Montgomery County Map Records (M.C.M.R.),
being the northwesterly corner of that certain residue of a called
5.3 acre tract of land conveyed to Ralph Steacy and wife, Faye
Steacy by deed dated July 1, 1972 and recorded under Volume 778,
Page 791 of said Deed Records, same being the southwesterly corner
of that certain called 3.3685 acre tract of land conveyed to
Brittany N. Filetti and Jared Filetti by deed dated November 8, 2013
and recorded under Montgomery County Clerk's File (M.C.C.F.)
No. 2013122626 of the Official Public Records of Real Property
Montgomery County Texas (O.P.R.O.R.P.M.C.T.), also being the
southeasterly corner of said 80 acre tract;
THENCE, South 86°49'44" West, 448.77 feet (called North 89°44'26"
East, 448.77 per File No. 2014048464 of said Map Records) along the
northerly line of said Mostyn Manor Section Six, being the
southerly line of said 80 acre tract to the northwesterly corner of
said Mostyn Manor Section Six, from which a found 1-inch iron pipe
bears South 66°01' East, 0.33 feet;
THENCE, South 02°13'29" East, 1,589.13 feet (called North 00°41'13"
East per File No. 2014048464 of said Map Records) along the
westerly line of said Mostyn Manor Section Six and along the
easterly line of said residue of 394.93 acre tract, passing at
1,495.45 feet a found 5/8-inch iron rod with cap at the
southwesterly corner of Mostyn Manor Section Six and continuing to
a point In the southerly line of Community Road (a prescriptive
road) (no recording information found), being the northerly line of
that certain called 8.38 acre tract of land conveyed to Donald E.
Dean and wife, Karol L. Dean by deed dated May 12, 2011 and recorded
under M.C.C.F. No. 2011046796 of said Official Public Records, same
being the southerly line of said residue of 394.93 acre tract, from
which a found 2-inch iron pipe bears North 39°06' East, 2.33 feet and
a found 5/8-inch iron rod with cap for the northwesterly corner of
Mostyn Manor Section Five of record under Cabinet 2, Sheet 2640 of
said Map Records bears South 02°26' East, 5.34 feet;
THENCE, South 39°06'05" West, 418.44 feet (called North 40°37'35"
East, 420.80 feet per M.C.C.F. No. 2011046796 of said Official
Public Records) along the southerly line of Community Road, being
the northerly line of said 8.38 acre tract, same before the
southerly line of said residue of 394.93 acre tract to a found
1-inch iron pipe for an angle point;
THENCE South 40°25'38" West, 539.06 feet (called North 41°57'08"
East, 539.06 feet per M.C.C.F. No. 2011046796 of said Official
Public Records) continuing along the southerly line of Community
Road, being the northerly line of said 8.38 acre tract to a found
3/4-inch iron rod at the northwesterly corner of said 8.38 acre
tract, being the northerly corner of that certain called 3.1470
acre tract of land conveyed to Donald E. Dean and wife, Karol L.
Dean by deed dated June 20, 1979 and recorded under Volume 1140,
Page 596 of said Deed Records;
THENCE, South 40°25'30" West, 244.71 feet (called North 41°57' East
per Volume 1140, Page 596 of said Deed Records) continuing along the
southerly line of Community Road, being the northerly line of said
3.1470 acre tract, passing at 200.00 feet a found 5/8-inch iron rod
with cap at the northwesterly corner of said 3.1470 acre tract and
continuing to a set PK nail with shiner In the centerline of
Community Road, being the easterly line of that certain called
2.000 acre tract of land conveyed to Kenneth R. Smith and wife,
Beverly G. Smith by deed dated September 10, 1986 and recorded under
M.C.C.F. No. 8647682, Film Code No. 430-01-2404 of said Official
Public Records, same being the southerly corner of said residue of
394.93 acre tract, from which a found PK Nail with shiner bears
South 02°50'11" West, 171.62 feet;
THENCE, North 02°50'11" East, 165.68 feet (called South 05°11'50"
West per M.C.C.F. No. 8647682 of said Official Public Records),
along the centerline of an asphalt and gravel road, being the
easterly line of sold 2.000 acre tract, same being the westerly line
of said residue of 394.93 acre tract to a point on the southerly
line of that certain residue of a called 215.381 acre tract of land
conveyed to Randal A. Hendricks by deed dated September 8, 1975 and
recorded under Volume 908, Page 667 of said Deed Records, being the
northeasterly corner of said 2.000 acre tract;
THENCE, North 88°42'15" East, 1.83 feet (called South 88°16'41" East
per M.C.C.F No. 8647682 and called North 88°24'30" West per Volume
908, Page 667 of said Deed Records) along the southerly line of said
residue of 215.381 acre tract, being the westerly line of said
residue of 394.93 acre tract to a found 1/2-inch iron rod at the
southeasterly corner of said residue of 215.381 acre tract, from
which a found 3/8-inch iron rod (bent) bears North 50°28' West, 4.11
feet, a found PK Nail with shiner bears South 18°37' West, 6.99 feet;
THENCE, North 00°57'15" East, 413.94 feet (called South 03°50'30"
West, 414.00 feet) along the easterly line of said residue of
215.381 acre tract, being the westerly line of said residue of
394.93 acre tract to a found 1/2-Inch iron rod;
THENCE, North 04°43'17" West, 2,296.76 feet (called South 01°50'02"
East, 2,297.10 feet per Volume 908, Page 667 of said Deed Records)
continuing along the easterly line of said residue of 215.381 acre
tract, and along the westerly line of said residue of 394.93 acre
tract to a found 1/2-inch iron rod;
THENCE, North 05°19'45" West, 1,365.80 feet (called South 02°26'30"
East, 1,366.00 feet per Volume 908. Page 667 of said Deed Records)
continuing along the easterly line of said residue of 215.381 acre
tract to a set 5/8-inch iron rod with "GS" cap to the southeasterly
corner of sold residue of 215.381 acre tract, being the
southeasterly corner of said 100.49 acre tract;
THENCE, South 87°32'45" West, 650.00 feet (called South 89°34'00"
East per Volume 908, Page 667 of said Deed Records) along the
northerly line of said residue of 215.381 acre tract, being the
southerly line of said 100.49 acre tract to a set 5/8-inch iron rod
with "GS" cap, from which a found U-Joint on a drive shaft for the
northwesterly corner of said residue of 215.381 acre tract, being
the southwesterly corner of said 100.49 acre tract bears South
87°32'45" West, 2,260.03 feet;
THENCE, North 04°14'57" West, 580.00 feet to a set 5/8-inch iron rod
with "GS" cap;
THENCE, North 87°34'27" East, 650.00 feet to a set 5/8-inch iron rod
with "GS" cap;
THENCE, North 04°13'04" West, 440.00 feet to a set 5/8-inch iron rod
with "GS" cap;
THENCE, North 85°46'02" East, 1,419.04 feet along d fence line to a
point in a 36-inch oak tree, from which the center of the 36-inch
oak tree bears South 86°49' West, 1.97 feet, being the called
northwesterly corner of that certain called 38.150 acre tract of
land conveyed to Brian Murphy and wife, Susan Murphy by deed dated
March 10, 2009 and recorded Under M.C.C.F. No. 2009-020009 of said
Official Public Records, from which a found 1-inch iron pipe (bent)
bears North 86°46'40" East, 637.40 feet;
THENCE, South 02°21'34" East, 1,728.23 feet along the westerly line
of said 38.150 acre tract, and along the easterly line of said 80
acre tract, passing at 1,064.36 feet a found 5/8-inch iron rod with
cap for reference and continuing to a found 1/2-inch iron rod at the
westernmost southwesterly corner of said 38.150 acre tract, being
the northwesterly corner of that certain called 1 acre tract of land
conveyed to Marian J. Fielder and spouse, Jeffrey L. Fielder by deed
dated July 22, 2005 and recorded under M.C.C.F. No. 2005082134,
Film Code No. 878-10-1679 of said Official Public Records;
THENCE, South 02°29'46" East, 144.05 feet along the westerly line of
said Fielder 1 acre tract, being the easterly line of said 80 acre
tract to a found 1/2-inch iron rod at the southwesterly corner of
said Fielder 1 acre tract;
THENCE, South 02°26'24" East, 945.97 feet along the westerly line of
that certain called 1.9999 acre tract of land conveyed to Janice L.
Morris by deed dated February 13, 1996 and recorded under M.C.C.F.
No. 9610722, Film Code No. 134-00-1324 of said Official Public
Records, the westerly line of that certain called 1.00 acre tract of
land conveyed to Janice Morris by deed dated November 5, 1998 and
recorded under M.C.C.F. No. 9889160, Film Code No. 458-00-2326 of
said Official Public Records, the westerly line of that certain
residue of a called 6.8 acre tract of land conveyed to John W.
Reeves by deed dated August 13, 1999 and recorded under M.C.C.F.
No. 2002003857, Film Code No. 004-10-1780 of said Official Public
Records and the westerly line of said 3.3685 acre tract, being the
easterly line of said 80 acre tract to the POINT OF BEGINNING and
containing 133.86 acres of land (Tract 4).
Tract 5 (Hardin Store Rd.) being a 104.52 acre parcel (called
104.5230 acres) of land situated in the E.R. Hale Survey, Abstract
No. 264 and being the same tract of land as recorded in Volume 72,
Page 290 Deed Records of Montgomery County, Texas said 104.52 acre
parcel being more particularly described by metes and bounds as
follows with the base of bearing being the recorded deed.
Beginning at a 5/8" inch iron rod found in the west line of Rimwick
Forest Subdivision (U/R), Section 1, Lot 4 as recorded under
Montgomery County Film Code Number 081-11-0228 for the southeast
corner of a called 0.944 acre tract as recorded under Montgomery
County Clerk's File 2011064873 and the northeast corner of the
herein described parcel of land for the POINT OF BEGINNING;
THENCE, South 01° 13' 17" West (called South), along the west line of
the said called Rimwick Forest
Subdivision, the west line of Lot 4, the west line of Lot 3 as
recorded under File Number 8848910 Deed
Records of Montgomery County, and the east line of the herein
described parcel, passing at a distance of 52.10 feet a 1/2 inch
iron rod found marking the common corner of the said Lot 4 and Lot 3
of the
Rimwick Subdivision, continuing for a distance of 275.58 feet to a
monument for the southwest corner of the said Lot 3 and being in the
northerly line of a called 150 foot Railroad right of way as
recorded in Vol. 26, Pg. 367 D.R.M.C., continuing for a distance of
413.95 feet for the centerline of the I. & G.N. Railroad called 150
feet wide, continuing for a distance 479.55 feet to a point (from
which a 1 inch iron pipe found Bears North 56° 51" 32" West, a
distance of 12.34) in the southerly line of the said railroad right
of way, continuing along the west line of Post Oak Forest
Subdivision (U/R), the west line of Lot 10 as recorded under File
Number 8914750 D.R.M.C. for a total distance of 1050.04 feet to a
5/8 inch iron rod found in the west line of Post Oak Forest
(unrecorded subdivision) for the southwest corner of the said Lot
10, the northwest corner of Lot 11 as recorded under M.C.F.C.
382-11-1756, and marking an angle point in the herein described
parcel of land;
THENCE, South 00° 55' 07" East (called South), along the west line of
Post Oak Forest Subdivision, the
west line of Lot 11, and the east line of the herein described
parcel, passing at a distance of 180.04 feet to a 3/8 inch iron rod
found for the southwest corner of said Lot 11, and the northwest
corner of Lot 12, continuing along the west line of the said Post
Oak Forest Subdivision, the west line of the following Lots
12, Lot 13 as recorded in M.C.F.C. 382-11-1756, and Lot 14 for a
distance of 689.39 feet to a 1/2 inch iron rod for the southwest
corner of the said Lot 14 and the northwest corner of Post Oak
Forest Drive,
called 60.00 feet of right of way, continuing for a distance of
748.93 feet to a 1/2 inch iron rod for the
northwest corner of Lot 15 as recorded under M.C.F.C. 151-10-1266
and marking the southwest corner of said Post Oak Forest Drive,
continuing along the west line of the said Lot 15 for a total
distance of 969.39 feet to a monument found for the southwest corner
of the said Lot 15, the northwest corner of a called 2.586 acre
tract as recorded under M.C.C.F. 2011064873, and an angle point of
the herein described parcel;
THENCE, South 05° 18"32' West (called South), along the west line of
the said called 2.586 acre tract and the east line of the herein
described parcel, a distance of 413.66 feet to a 1 inch iron rod
found for the southwest corner of the said 2.586 acre tract and the
northwest corner of Hughes Road, called 60.00 feet of right of way,
and an angle point in the herein described parcel of land;
THENCE, South 00° 17' 29" West (called South) along the west line of
the said Hughes Road, a called
1.160 acre tract as recorded under M.C.F.C. 379-00-1589, a 5.420
acre tract as recorded under M.C.F.C.
739-01-1994, a 1.591 acre tract as recorded under M.C.C.F.
2011091306, a 1.00 acre tract as recorded under M.C.C.F.
2011091306, and the east line of the herein described parcel, a
distance of 1643.03 feet to a 3/4 inch iron pipe in the northerly
line of Hardin Store Road (called 60 right of way, Public Road) for
the southwest corner of the said 1.00 acre tract and marking an
angle point of the herein described parcel of land;
THENCE, South 47° 20' 53" West, along the northerly right of way line
of Hardin Store Road and the
southerly line of the herein described parcel, a distance of 424.45
feet to a 1/2 inch iron rod found for the northeast corner of a
called 0.671 acre tract as recorded in Montgomery County Film Code
613-00-0474 marking an angle point of the herein described parcel
of land;
THENCE, South 89° 34' 07" West (called South 89° 31' 00" West) along
the common line of the said
0.671 acre tract and the herein described parcel, passing at a
distance of 263.33 feet to a 5/8 inch iron rod found for the
northwest corner of the said called 0.671 acre tract and the
northeast corner of Logtowne Subdivision as recorded in Book E,
Page 56B M.R.M.C., continuing along the common line of the said
Logtowne Subdivision and the herein described parcel for a total
distance of 722.41 feet to a 1 inch iron pipe found for an angle
point in the said called Log Town Subdivision marking the southwest
corner of the herein described parcel of land;
THENCE, North 00° 03' 36" West (called North), along the common line
of the said Logtowne
Subdivision and the herein described parcel passing at a distance
of 1097.96 feet a 3/4 inch iron pipe for the northeast corner of the
said called Log Towne Subdivision and the southeast corner of
Britwood
Estates as recorded in Book L, Page 118 M.R.M.C, continuing along
the common line of the said
Britwood Estates and the herein described parcel for a distance of
2384.46 feet to a 3/4 inch iron pipe found, continuing for a total
distance of 2736.02 feet to a 1/2 inch iron rod found in the east
line of the called Britwood Estates for an angle point in the herein
described parcel of land;
THENCE, North 00° 06' 02" East (called North) along the east line of
the said called Britwood Estates
Subdivision and the west line of the herein described parcel,
passing at a distance of 876.43 feet to a 5/8 inch iron rod found,
continuing for a distance of 1057.19 feet to a 1/2 inch iron rod
found, continuing for
a distance of 1336.41 to a 1/2 inch iron rod found, continuing for a
total distance of 1631.62 feet to a 3/4 inch iron rod found in the
south line of a called 6.776 acres as recorded in M.C.F.C.
613-00-0474 for the northeast corner of the said called Britwood
Estates Subdivision marking the northwest corner of the herein
described parcel of land;
THENCE, South 89° 57' 51" East, along the common line of the said
called 6.776 acre tract and the
herein described parcel, passing at a distance of 323.94 feet a 1
inch iron pipe found in the southerly right of way line of the said
called 150 foot Railroad Right of way line, passing at a distance of
411.65 feet the centerline of the I & G. N. Railroad, continuing for
a distance of 548.52 feet to a 5/8 inch iron rod found in the
northerly line of the said called 150.00 foot Railroad right of way
line and the southwest corner of a called 0.944 acres, continuing
along the common line of the said 0.944 acre tract and the herein
described parcel for a total distance of 1043.28 feet (called
1043.18) to the POINT OF BEGINNING and containing 104.52 acres
(Tract 5);
Tract 6 (adjacent to 66.58 acre Enclave at Dobbin) is 24.17 acres in
size and comprised of the following tract: A0078 BROWN JAMES, TRACT
5-A,5-E,5-G,5-H, ACRES 24.17 (Mont. Co. Property Records Ref. Id.
0078-00-005-1)
The point of beginning of 24.17 acre tract is northwest corner of
said 24.17 acre tract, east Right-Of-Way (ROW) of Clint-Neidigk
Roads and southwest corner of 3.0 acre tract (A0078 BROWN JAMES,
TRACT 4-B ACRES 3.000);
Then east along north boundary of said 24.17 acre tract, and south
boundary of said 3.0 acre tract, and 3.0 acre tract 4B-1, and
Woodforest Estates Block 1, and 9.520 acre tract (A0078 BROWN
JAMES, TRACT 7 ACRES 9.520) to northeast corner of said 24.17 acre
tract and northwest corner of 8.0 acre tract (A0078 BROWN JAMES,
TRACT 5-B, ACRES 8.000);
Then south along east boundary of said 24.17 acre tract and west
boundary of said 8.0 acre tract to north boundary of 2.5 acre tract
(A0078 BROWN JAMES, TRACT 5, ACRES 2.500);
Then west along boundary line of said 24.17 acre tract and north
boundary of said 2.5 acre tract to northwest corner of said 2.5 acre
tract and interior corner of 24.17 acre tract;
Then south along east boundary line of said 24.17 acre tract and
west boundary of said 2.5 acre tract to southwest corner of said 2.5
acre tract and north boundary of 13.113 acre tract (A0078 BROWN
JAMES, TRACT 8, 10-A, ACRES 13.113);
Then west along south boundary line of said 24.17 acre tract and
north boundary of said 13.113 acre tract to northwest corner of said
13.113 acre tract and interior corner of said 24.17 acre tract;
Then south along west boundary of said 13.113 acre tract and
boundary line of said 24.17 acre tract to northeast corner of SPRING
CREEK FOREST 03 (S898203) Subdivision;
Then west along south boundary of said 24.17 acre tract and north
boundary of SPRING CREEK FOREST 03 (S898203) Subdivision to
southeast corner 10.0 acre tract (A0078 BROWN JAMES, TRACT 5-D,
ACRES 10.000);
Then north along east boundary of said 10.0 acre tract to northeast
corner of said tract and interior corner of said 24.17 acre tract;
Then west along north boundary of said 10.0 acre tract and boundary
line of said 24.17 acre tract to northwest corner of said 10.0 acre
tract and west boundary of said 24.17 acre tract and east ROW of
Clint-Neidigk Rd.;
Then north along west boundary of said 24.17 acre tract, east ROW of
Clint-Neidigk Rd. to northwest corner of said tract and point of
beginning of +/- 24.17 acre tract 6;
Tract 7 (Adjacent to Enclave at Dobbin) The Enclave at Dobbin Tract
being a 66.580 acres comprised of the following tracts:
1. a called 22.5814 acre tract, County Clerk's File No. 9368043,
of the Montgomery County Real Property Records (M.C.R.P.R.),
2. a called 13.113 acre tract, Vol. 610, Pg. 33, Montgomery County
Deed Records (M.C.D.R.),
3. a called 2.5 acre tract, County Clerk's File No. 9676748,
M.C.R.P.R.,
4. a called 8.337 acre tract, County Clerk's File No. 9777430,
M.C.R.P.R.,
5. a called 5.0733 acres tract, County Clerk's File No. 9368043,
M.C.R.P.R.,
6. a called 5.000 acre tract, County Clerk's File No. 9368043,
M.C.R.P.R.,
7. a called 50733 acre tract, County Clerk's File No. 9368042,
M.C.R.P.R.,
8. a called 2.459 acre tract, County Clerk's File No. 8861841,
M.C.R.P.R.,
9. and a 2.459 acre tract, County Clerk's File No. 8861842,
M.C.R.P.R.,
being out of the James Brown Survey, A-78, Montgomery County,
Texas, and being more particularly described by metes and bounds as
follows:
COMMENCING for reference at a found 1/2 inch iron at the
intersection of the northerly line of Carraway Lane (a called 50
foot wide prescriptive right-of-way) with the southwesterly line of
Dobbin Hufsmith Road (a called 60 foot wide prescriptive
right-of-way), said point being the southeasterly corner of that
6.780 acre tract described in Volume 1146, Page 492, M.C.D.R., and
said point having a State Plane Grid Coordinate (Central Zone):
N=10,052,010.77, E=3,789,968.41;
1) THENCE, NORTH 43°38'19" WEST, 571.56 feet along the
southwesterly line of Dobbin Hufsmith Road to the POINT OF
BEGINNING, from which a found 5/8" iron rod bears N 49°16'24" E, 1.23
feet;
2) THENCE, SOUTH 86°40'08" WEST, 479.63 feet to a point for corner
from which a found 5/8" iron rod bears N 67°24'20" E, 1.51 feet;
3) THENCE, SOUTH 86°27'05" WEST, 713.04 feet to a point for corner
from which a found 1/2 inch iron rod bears N 77°59'07" E, 1.14 feet;
4) THENCE, SOUTH 03°21'08" EAST, 465.60 feet to a point for corner
from which a found 5/8" iron rod bears N 89°46'18" E, 1.98 feet;
5) THENCE, SOUTH 86°32'38" WEST, 239.62 feet to a point for corner
from which a found 3/4 inch iron rod bears S 77°56'48" E 1.99 feet;
6) THENCE, SOUTH 87°41'13" WEST, 556.87 feet along to a set 1/2
inch iron rod being in the easterly line of North Creek Road (a
called 60 foot wide prescriptive right-of-way);
7) THENCE, NORTH 03°08'56" WEST, 1568.54 feet along the easterly
line of North Creek Road to a set 1/2 inch iron rod;
8) THENCE, NORTH 86°38'07" EAST, 261.57 feet to a 1/2 inch Iron
rod set for corner;
9) THENCE, NORTH 03°21'33" WEST, 380.73 feet a set 1/2 inch iron
rod;
10) THENCE, NORTH 86°38'27" EAST, 1148.30 feet to ` set 1/2 inch
iron rod being in the southwesterly line of Dobbin Hufsmith Road;
said point being the beginning of a non-tangent curve to the left;
11) THENCE, SOUTHEASTERLY, 163.18 feet along the southwesterly
line of Dobbin Hufsmith Road, being along the arc of said curve to
the left, having a radius of 805.76 feet, a central angle of
11°36'12", and a chord bearing S 27°11'14" E 162.90 feet, to a set 1/2
inch iron rod at the beginning of a non-tangent line;
12) THENCE, SOUTH 32°55'52" EAST, 265.11 feet along the along the
southwesterly line of Dobbin Hufsmith Road to a point for corner
from which a found 5/8" iron rod bears N 32°09'14" W, 0.68 feet;
13) THENCE, SOUTH 31°32'45" EAST, 382.12 feet along the along the
southwesterly line of Dobbin Hufsmith Road to a point for corner
from which a found 5/8" iron rod bears N 28°24'59" W, 1.91 feet;
14) THENCE, SOUTH 31°27'04" EAST, 210.95 feet along the along the
southwesterly line of Dobbin Hufsmith Road to a point for corner
from which a found 1/2" iron rod bears N 13°52'37" W, 1.87 feet;
15) THENCE, SOUTH 31°20'41" EAST, 60.93 feet along the along the
southwesterly line of Dobbin Hufsmith Road to a point for corner
from which a found 5/8" iron rod bears N 10°13'03" W, 1.91 feet; said
point being the beginning of a non-tangent curve to the right;
16) THENCE, SOUTHEASTERLY, 134.13 feet along the southwesterly
line of Dobbin Hufsmith Road, being along the arc of said curve to
the right, having a radius of 264.75 feet, a central angle of
29°01'40", and a chord bearing S 16°50'29" E 132.70 feet, to a set 1/2
inch iron rod at the beginning of a non-tangent line, from which
point a found 1/2" iron rod bears N 02°45'37" E, 2.00 feet;
17) THENCE, SOUTH 02°19'02" EAST, 246.76 feet along the
southwesterly line of Dobbin Hufsmith Road to a set 1/2 inch iron
rod at a point for corner from which a found 1/2" iron rod bears N
25°54'23" E, 2.20 feet;
18) THENCE, SOUTH 18°07'16" EAST, 164.71 feet along the
southwesterly line of Dobbin Hufsmith Road to the POINT OF
BEGINNING of tract 7.
Tract 7 Note: All bearings are based on the Texas Coordinate System,
Central Zone, North American 1983 Datum. All coordinates herein are
grid. All distances are surface. Coordinates may be converted to
"surface" by using a CSF= 0.99998559187.
Tract 8 being 162.324 acres comprised of a 158.808 acre tract and a
3.516 acre tract, hereinafter Tract 8.1 and Tract 8.2,
respectively; being out of the James Brown Survey, A-78 and the
Isaac Mansfield Survey, A-344, Montgomery County, Texas, and being
more particularly described by metes and bounds as follows:
TRACT 8.1 (158.808 Acres)
Beginning at the northwest corner of the herein described tract,
said point having a Grid Coordinate: N=10,059,092.745,
E=3,797,114.190;
1) THENCE, NORTH 87°33'26" EAST, 1019.13 feet to a point for
corner having a Grid Coordinate: N=10,059,136.186,
E=3,798,132.485';
2) THENCE, NORTH 87°07'38" EAST, 1019.62 feet to a point for the
most northerly northeast corner of the herein described tract;
3) THENCE, SOUTH 02°47'31" EAST, 1423.07 feet to a point for
corner;
4) THENCE, SOUTH 02°32'16" EAST, 809.63 feet to a point for
reentrant corner;
5) THENCE, NORTH 87°07'08" EAST, 783.78 feet to a point for a
northeasterly corner;
6) THENCE, SOUTH 03°53'29" EAST, 387.92 feet to a point for
reentrant corner;
7) THENCE, NORTH 86°38'45" EAST, 786.72 feet to a point for the
most southerly northeast corner of the herein described tract;
8) THENCE, SOUTH 04°49'26" EAST, 700.00 feet to a point for the
southeast corner of the herein described tract;
9) THENCE, SOUTH 86°37'53" WEST, 798.12 feet to a point for
corner;
10) THENCE, NORTH 03°53'29" WEST, 258.91 feet to a point for
reentrant corner;
11) THENCE, SOUTH 87°06'17" WEST, 795.17 feet to a point for
corner;
12) THENCE, NORTH 04°42'27" WEST, 216.64 feet to a point for
reentrant corner;
13) THENCE, SOUTH 88°25'42" WEST, 1768.72 feet to a the beginning
of a non-tangent curve to the left; said point being in the
northeasterly line of Dry Creek Road (variable width);
14) THENCE, NORTHWESTERLY 169.73 feet along Dry Creek Road and
along the arc of said curve to the left, said curve having a radius
of 174.77 feet, a central angle of 55°38'41", and a chord bearing and
distance of NORTH 49°37'09" WEST, 163.14 feet;
15) THENCE, NORTH 77°24'24" WEST, 132.55 feet along Dry Creek Road
to a point for the southwesterly corner of the herein described
tract;
16) THENCE, NORTH 03°16'29" WEST, 1257.51 feet along the westerly
line of the herein described tract, to a point for corner;
17) THENCE, NORTH 03°03'57" WEST, 1408.11 feet along the westerly
line of the herein described tract, to the POINT OF BEGINNING;
TRACT 8.2 (3.516 Acres)
COMMENCING for reference at the northwest corner of the above
described tract, said point having a Grid Coordinate:
N=10,059,092.745, E=3,797,114.190;
1) THENCE, SOUTH 03°03'57" EAST, 1408.11 feet along the westerly
line of the above described tract to a point for corner;
2) THENCE, SOUTH 03°16'29" EAST, 1299.27 feet along the westerly
line of the above described tract, to the POINT OF BEGINNING, said
point being in the southerly line of Dry Creek Road (variable
width);
3) THENCE, SOUTH 79°02'36" EAST, 120.78 feet, along the southerly
line of Dry Creek Road, to a the beginning of a curve to the right;
4) THENCE, SOUTHEASTERLY, 178.18 feet along the southerly line of
Dry Creek Road and along the arc of said curve to the right, said
curve having a radius of 134.77 feet, a central angle of 75°45'00",
and a chord bearing and distance of SOUTH 41°09'59" EAST, 165.48
feet;
5) THENCE, SOUTH 03°16'29" EAST, 225.92 feet, along the westerly
line of Dry Creek Road (call 40 feet wide), to a point for corner;
6) THENCE, SOUTH 19°46'31" WEST, 354.95 feet, along the westerly
line of Dry Creek Road, to a point for corner;
7) THENCE, SOUTH 16°26'31" WEST, 295.60 feet, along the westerly
line of Dry Creek Road, to the most southerly corner of the herein
described tract;
8) THENCE, NORTH 03°16'29" WEST, 990.80 feet, along the westerly
line of the herein described tract, to a point in the southerly line
of Dry Creek Road;
9) THENCE, NORTH 85°53'56" EAST, 19.99 feet, along the southerly
line of Dry Creek Road; to the POINT OF BEGINNING of Tract 8;
Tract 8 Note: All bearings are based on the Texas Coordinate
System, Central Zone, North American 1983 Datum. All coordinates
herein are grid and may be converted to surface by dividing by the
Combined Scale Factor of 0.999977037. All distances are surface.
SECTION 5. (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) The general law relating to consent by political
subdivisions to the creation of districts with conservation,
reclamation, and road powers and the inclusion of land in those
districts has been complied with.
(e) 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 6. 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, 2015.
* * * * *