Bill Text: TX HB5366 | 2023-2024 | 88th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the creation of the Grimes County Municipal Utility District No. 3; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Vetoed) 2023-06-18 - Vetoed by the Governor [HB5366 Detail]
Download: Texas-2023-HB5366-Comm_Sub.html
Bill Title: Relating to the creation of the Grimes County Municipal Utility District No. 3; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Vetoed) 2023-06-18 - Vetoed by the Governor [HB5366 Detail]
Download: Texas-2023-HB5366-Comm_Sub.html
88R19398 MP-F | ||
By: Kacal | H.B. No. 5366 |
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relating to the creation of the Grimes County Municipal Utility | ||
District No. 3; granting a limited power of eminent domain; | ||
providing authority to issue bonds; providing authority to impose | ||
assessments, fees, and taxes. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle F, Title 6, Special District Local Laws | ||
Code, is amended by adding Chapter 7878A to read as follows: | ||
CHAPTER 7878A. GRIMES COUNTY MUNICIPAL UTILITY DISTRICT NO. 3 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 7878A.0101. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "Commission" means the Texas Commission on | ||
Environmental Quality. | ||
(3) "Director" means a board member. | ||
(4) "District" means the Grimes County Municipal | ||
Utility District No. 3. | ||
Sec. 7878A.0102. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 7878A.0103. CONFIRMATION AND DIRECTOR ELECTION | ||
REQUIRED. The temporary directors shall hold an election to | ||
confirm the creation of the district and to elect five permanent | ||
directors as provided by Section 49.102, Water Code. | ||
Sec. 7878A.0104. CONSENT OF MUNICIPALITY REQUIRED. The | ||
temporary directors may not hold an election under Section | ||
7878A.0103 until each municipality in whose corporate limits or | ||
extraterritorial jurisdiction the district is located has | ||
consented by ordinance or resolution to the creation of the | ||
district and to the inclusion of land in the district as required by | ||
applicable law. | ||
Sec. 7878A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. | ||
(a) The district is created to serve a public purpose and benefit. | ||
(b) The district is created to accomplish the purposes of: | ||
(1) a municipal utility district as provided by | ||
general law and Section 59, Article XVI, Texas Constitution; and | ||
(2) Section 52, Article III, Texas Constitution, that | ||
relate to the construction, acquisition, improvement, operation, | ||
or maintenance of macadamized, graveled, or paved roads, or | ||
improvements, including storm drainage, in aid of those roads. | ||
Sec. 7878A.0106. INITIAL DISTRICT TERRITORY. (a) The | ||
district is initially composed of the territory described by | ||
Section 2 of the Act enacting this chapter. | ||
(b) The boundaries and field notes contained in Section 2 of | ||
the Act enacting this chapter form a closure. A mistake made in the | ||
field notes or in copying the field notes in the legislative process | ||
does not affect the district's: | ||
(1) organization, existence, or validity; | ||
(2) right to issue any type of bond for the purposes | ||
for which the district is created or to pay the principal of and | ||
interest on a bond; | ||
(3) right to impose a tax; or | ||
(4) legality or operation. | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 7878A.0201. GOVERNING BODY; TERMS. (a) The district | ||
is governed by a board of five elected directors. | ||
(b) Except as provided by Section 7878A.0202, directors | ||
serve staggered four-year terms. | ||
Sec. 7878A.0202. TEMPORARY 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 may submit a petition to the commission requesting that | ||
the commission appoint as temporary directors the five persons | ||
named in the petition. The commission shall appoint as temporary | ||
directors the five persons named in the petition. | ||
(b) Temporary directors serve until the earlier of: | ||
(1) the date permanent directors are elected under | ||
Section 7878A.0103; or | ||
(2) the fourth anniversary of the effective date of | ||
the Act enacting this chapter. | ||
(c) If permanent directors have not been elected under | ||
Section 7878A.0103 and the terms of the temporary directors have | ||
expired, successor temporary directors shall be appointed or | ||
reappointed as provided by Subsection (d) to serve terms that | ||
expire on the earlier of: | ||
(1) the date permanent directors are elected under | ||
Section 7878A.0103; or | ||
(2) the fourth anniversary of the date of the | ||
appointment or reappointment. | ||
(d) If Subsection (c) applies, the owner or owners of a | ||
majority of the assessed value of the real property in the district | ||
may submit a petition to the commission requesting that the | ||
commission appoint as successor temporary directors the five | ||
persons named in the petition. The commission shall appoint as | ||
successor temporary directors the five persons named in the | ||
petition. | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 7878A.0301. GENERAL POWERS AND DUTIES. The district | ||
has the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 7878A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND | ||
DUTIES. The district has the powers and duties provided by the | ||
general law of this state, including Chapters 49 and 54, Water Code, | ||
applicable to municipal utility districts created under Section 59, | ||
Article XVI, Texas Constitution. | ||
Sec. 7878A.0303. AUTHORITY FOR ROAD PROJECTS. Under | ||
Section 52, Article III, Texas Constitution, the district may | ||
design, acquire, construct, finance, issue bonds for, improve, | ||
operate, maintain, and convey to this state, a county, or a | ||
municipality for operation and maintenance macadamized, graveled, | ||
or paved roads, or improvements, including storm drainage, in aid | ||
of those roads. | ||
Sec. 7878A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A | ||
road project must meet all applicable construction standards, | ||
zoning and subdivision requirements, and regulations of each | ||
municipality in whose corporate limits or extraterritorial | ||
jurisdiction the road project is located. | ||
(b) If a road project is not located in the corporate limits | ||
or extraterritorial jurisdiction of a municipality, the road | ||
project must meet all applicable construction standards, | ||
subdivision requirements, and regulations of each county in which | ||
the road project is located. | ||
(c) If the state will maintain and operate the road, the | ||
Texas Transportation Commission must approve the plans and | ||
specifications of the road project. | ||
Sec. 7878A.0305. COMPLIANCE WITH MUNICIPAL CONSENT | ||
ORDINANCE OR RESOLUTION. The district shall comply with all | ||
applicable requirements of any ordinance or resolution that is | ||
adopted under Section 54.016 or 54.0165, Water Code, and that | ||
consents to the creation of the district or to the inclusion of land | ||
in the district. | ||
Sec. 7878A.0306. DIVISION OF DISTRICT. (a) The board, on | ||
its own motion or on receipt of a petition signed by the owner or | ||
owners of a majority of the assessed value of the real property in | ||
the district, may adopt an order dividing the district. | ||
(b) An order dividing a district may create one or more new | ||
districts and may provide for the continuation of the district. | ||
(c) An order dividing the district must: | ||
(1) name any new district; | ||
(2) include the metes and bounds description of the | ||
territory of each of the districts; | ||
(3) appoint temporary directors for any new district; | ||
and | ||
(4) provide for the division of assets and liabilities | ||
between the districts. | ||
(d) The board may adopt an order dividing the district | ||
before or after the date the board holds an election under Section | ||
7878A.0103 to confirm the district's creation. | ||
(e) The district may be divided only if the district: | ||
(1) has never issued any bonds; and | ||
(2) is not imposing ad valorem taxes. | ||
(f) A new district created by the division of the district | ||
may not, at the time the new district is created, contain any land | ||
outside the area described by Section 2 of the Act enacting this | ||
chapter. | ||
(g) On or before the 30th day after the date of adoption of | ||
an order dividing the district, the district shall file the order | ||
with the commission and record the order in the real property | ||
records of each county in which the district is located. | ||
(h) This chapter applies to any new district created by | ||
division of the district, and a new district has all the powers and | ||
duties of the district. | ||
(i) A new district created by the division of the district | ||
shall hold a confirmation and directors' election as required by | ||
Section 7878A.0103. | ||
(j) If the creation of the new district is confirmed, the | ||
new district shall provide the election date and results to the | ||
commission. | ||
(k) A new district created by the division of the district | ||
must hold an election as required by this chapter to obtain voter | ||
approval before the district may impose a maintenance tax or issue | ||
bonds payable wholly or partly from ad valorem taxes. | ||
(l) The district may rely on confirmation, directors', | ||
bond, or tax elections held prior to the division of the district. | ||
(m) Municipal consent to the creation of the district and to | ||
the inclusion of land in the district granted under Section | ||
7878A.0104 acts as municipal consent to the creation of any new | ||
district created by the division of the district and to the | ||
inclusion of land in the new district. | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 7878A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a) | ||
The district may issue, without an election, bonds and other | ||
obligations secured by: | ||
(1) revenue other than ad valorem taxes; or | ||
(2) contract payments described by Section | ||
7878A.0403. | ||
(b) The district must hold an election in the manner | ||
provided by Chapters 49 and 54, Water Code, to obtain voter approval | ||
before the district may impose an ad valorem tax or issue bonds | ||
payable from ad valorem taxes. | ||
(c) The district may not issue bonds payable from ad valorem | ||
taxes to finance a road project unless the issuance is approved by a | ||
vote of a two-thirds majority of the district voters voting at an | ||
election held for that purpose. | ||
Sec. 7878A.0402. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 7878A.0401, the | ||
district may impose an operation and maintenance tax on taxable | ||
property in the district in accordance with Section 49.107, Water | ||
Code. | ||
(b) The board shall determine the tax rate. The rate may not | ||
exceed the rate approved at the election. | ||
Sec. 7878A.0403. CONTRACT TAXES. (a) In accordance with | ||
Section 49.108, Water Code, the district may impose a tax other than | ||
an operation and maintenance tax and use the revenue derived from | ||
the tax to make payments under a contract after the provisions of | ||
the contract have been approved by a majority of the district voters | ||
voting at an election held for that purpose. | ||
(b) A contract approved by the district voters may contain a | ||
provision stating that the contract may be modified or amended by | ||
the board without further voter approval. | ||
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS | ||
Sec. 7878A.0501. AUTHORITY TO ISSUE BONDS AND OTHER | ||
OBLIGATIONS. The district may issue bonds or other obligations | ||
payable wholly or partly from ad valorem taxes, impact fees, | ||
revenue, contract payments, grants, or other district money, or any | ||
combination of those sources, to pay for any authorized district | ||
purpose. | ||
Sec. 7878A.0502. TAXES FOR BONDS. At the time the district | ||
issues bonds payable wholly or partly from ad valorem taxes, the | ||
board shall provide for the annual imposition of a continuing | ||
direct ad valorem tax, without limit as to rate or amount, while all | ||
or part of the bonds are outstanding as required and in the manner | ||
provided by Sections 54.601 and 54.602, Water Code. | ||
Sec. 7878A.0503. BONDS FOR ROAD PROJECTS. At the time of | ||
issuance, the total principal amount of bonds or other obligations | ||
issued or incurred to finance road projects and payable from ad | ||
valorem taxes may not exceed one-fourth of the assessed value of the | ||
real property in the district. | ||
SECTION 2. The Grimes County Municipal Utility District | ||
No. 3 initially includes all the territory contained in the | ||
following area: | ||
Tract 1: 538.64 acres | ||
Being a tract of land containing 557.61 acres (24,289,539 | ||
square feet), located in the Blake Brantley Survey, A-104, the Gwyn | ||
Morrison Survey, A-357, the Edley Montgomery Survey, A-355, the | ||
Samuel New Survey, A-365, the Thomas Corner Survey, A-155, the | ||
William R. Wheelis Survey, A-481, the E.T. Estis Survey, A-194, the | ||
William R. Wheelis Survey, A-480, and the Thomas Corner Survey, | ||
A-167 in Grimes County, Texas; Said 557.61 acre tract being out of | ||
portion of the remainder of a called 127.86 acre tract, recorded in | ||
the name of SH 249 Development IV, LLC, under Grimes County Deed | ||
Record (G.C.D.R.) Vol. 1727, Pg. 349, and a portion of the remainder | ||
of a called 111.64 acre tract, recorded in the name of SH 249 | ||
Development III, LLC, under G.C.D.R. Vol. 1727, Pg. 331, and a | ||
portion of the remainder of a called 99.58 acre tract, recorded in | ||
the name of SH 249 Development II, LLC, under G.C.D.R. Vol. 1727, | ||
Pg. 337, and a portion of the remainder of a called 98.65 acre | ||
tract, recorded in the name of SH 249 Development I, LLC, under | ||
G.C.D.R. Vol. 1727, Pg. 343, the remainder of a called 200 acre | ||
tract, recorded in the name of Marilyn Joyce Fuchs Knighten, under | ||
G.C.D.R. Vol. 654, Pg. 471, a called 27.26 acre tract, recorded in | ||
the name of Marilyn Joyce Fuchs Knighten, under Grimes County | ||
Clerk's File (G.C.C.F.) No. 2022-326157, a called 99.95 acre Tract | ||
1, recorded in the name of Robert E. Fuchs, Jr., under G.C.D.R. Vol. | ||
1539, Pg. 785, a called 99.95 acre Tract 2, recorded in the name of | ||
Virginia Lynne Fuchs Winn, (N/K/A Virginia Lynne (Fuchs) Gantt, | ||
under G.C.D.R. Vol. 1539, Pg. 777, a called 8.467 acre tract, | ||
recorded in the name of Betty F. Swonke Fuchs (per Grimes County | ||
CAD) being a portion of said 99.95 acre Tract 2; said 557.61 acre | ||
tract being more particularly described by metes and bounds as | ||
follows (bearings based on the Texas Coordinate system of 1983, | ||
Central Zone, per TxDOT Right-Of-Way (R.O.W.) Plans for SH 249.): | ||
BEGINNING at the southeast corner of said 27.26 acre tract, | ||
the northeast corner of said 99.95 acre Tract 1, said point being on | ||
the west R.O.W. of FM 1774 (100' wide per TxDOT R.O.W. Plans for | ||
Project C-1400-2-1 dated May 1954); | ||
THENCE, with the line common to said 99.95 acre Tract 1, said | ||
99.95acre Tract 2, said 8.467 acre tract, and said FM 1774 R.O.W., | ||
the following two (2) courses: | ||
1. South 07 degrees 41 minutes 42 seconds East, a distance | ||
of 961.76 feet to the southeast corner of said 99.95 acre Tract 1, | ||
and the northeast corner of said 99.95acre Tract 2, and an angle | ||
point; | ||
2. South 07 degrees 45 minutes 38 seconds East, a distance | ||
of 591.53 feet to the southeast corner of said 8.467 acre tract, and | ||
the northeast corner of a called 22 acre tract recorded in the name | ||
of Cobalt 201, Ltd., under G.C.C.F. No. 2020-306609, and an angle | ||
point; | ||
THENCE, along the line common to said 99.95 acre Tract 2, said | ||
8.467 acre tract, said 22 acre tract, a called 15.87 acre tract | ||
recorded in the name Marcus and Joyce Stewart, under G.C.D.R. Vol. | ||
1352, Pg. 636, and a called 17.00 acre tract recorded in the name | ||
Marcus and Joyce Stewart, under G.C.D.R. Vol. 1352, Pg. 648, a | ||
called 28.00 acre Tract B recorded in the name if Robert Earl Fuchs | ||
and Marilyn Joyce Fuchs Knighten, under G.C.D.R. Vol. 1445, Pg. 492 | ||
and G.C.D.R. Vol. 304, Pg. 763, a called 12.5 acre tract (Second | ||
Tract) recorded in the name of Ruth Carraway Hughey, under G.C.D.R. | ||
Vol. 301, Pg. 151, a called 9.97 acre tract recorded in the name of | ||
Lucille Carraway Glass, under G.C.D.R. Vol. 1218, Pg. 374, the | ||
remainder of a called 40 acre tract recorded in the name of Lucille | ||
Carraway Glass, under G.C.D.R. Vol. 301, Pg. 158, and a called | ||
7.3418 acre tract recorded in the name of Alfred H. Jackson, under | ||
G.C.D.R. Vol. 650, Pg. 483, the following seven (7) courses: | ||
1. South 88 degrees 04 minutes 02 seconds West, a distance | ||
of 1890.70 feet to an angle point; | ||
2. South 02 degrees 14 minutes 33 seconds East, a distance | ||
of 1242.08 feet to an angle point; | ||
3. South 86 degrees 01 minutes 01 seconds West, a distance | ||
of 37.37 feet to an angle point; | ||
4. South 03 degrees 49 minutes 48 seconds East, a distance | ||
of 994.17 feet to an angle point; | ||
5. South 86 degrees 10 minutes 12 seconds West, a distance | ||
of 1229.80 feet to an angle point; | ||
6. North 03 degrees 39 minutes 33 seconds West, a distance | ||
of 135.56 feet to an angle point; | ||
7. South 85 degrees 46 minutes 43 seconds West, a distance | ||
of 388.83 feet to the most westerly southwest corner of said 99.95 | ||
acre Tract 2, and the northwest corner of said 7.3418 acre tract, | ||
and being on the easterly line of a 125' wide Union Pacific Railroad | ||
(U.P.RR.) R.O.W., and an angle point; | ||
THENCE, along the line common to said 99.95 acre Tract 2, said | ||
99.95 acre Tract 1, said remainder of a 200 acre tract, said portion | ||
of the remainder of a 127.86 acre tract, and said U.P.RR. R.O.W., | ||
the following fifteen (15) courses: | ||
1. North 16 degrees 59 minutes 29 seconds West, a distance | ||
of 1002.65 feet to the beginning of a curve to the left; | ||
2. 656.46 feet along the arc of said curve to the left having | ||
a radius of 2686.60 feet, a central angle of 14 degrees 00 minutes | ||
00 seconds and a chord that bears North 23 degrees 59 minutes 29 | ||
seconds West, a distance of 654.83 feet to an angle point; | ||
3. North 30 degrees 59 minutes 32 seconds West, a distance | ||
of 449.44 feet to an angle point; | ||
4. North 31 degrees 02 minutes 01 seconds West, a distance | ||
of 1604.20 feet to an angle point; | ||
5. North 30 degrees 59 minutes 47 seconds West, a distance | ||
of 1888.14 feet to an angle point; | ||
6. North 29 degrees 43 minutes 53 seconds West, a distance | ||
of 40.44 feet to an angle point; | ||
7. North 27 degrees 56 minutes 18 seconds West, a distance | ||
of 97.89 feet to an angle point; | ||
8. North 25 degrees 41 minutes 00 seconds West, a distance | ||
of 98.52 feet to an angle point; | ||
9. North 22 degrees 51 minutes 54 seconds West, a distance | ||
of 98.39 feet to an angle point; | ||
10. North 20 degrees 04 minutes 20 seconds West, a distance | ||
of 98.32 feet to an angle point; | ||
11. North 17 degrees 22 minutes 53 seconds West, a distance | ||
of 98.19 feet to an angle point; | ||
12. North 15 degrees 04 minutes 56 seconds West, a distance | ||
of 98.69 feet to an angle point; | ||
13. North 13 degrees 43 minutes 23 seconds West, a distance | ||
of 98.15 feet to an angle point; | ||
14. North 12 degrees 56 minutes 31 seconds West, a distance | ||
of 54.81 feet to an angle point; | ||
15. North 12 degrees 46 minutes 28 seconds West, a distance | ||
of 880.82 feet to the intersection with the south R.O.W. of SH 249 | ||
described as Parcel 340 in Third Amended Notice Of Lis Pendens | ||
recorded under G.C.C.F. 2019-301340; | ||
THENCE, along the line common to said south R.O.W. of SH 249 | ||
(Parcel 340), said portion of the remainder of a 127.86 acre tract, | ||
said portion of the remainder of a 111.64 acre tract, said portion | ||
of the remainder of a 99.58 acre tract, said portion of the | ||
remainder of a 98.65 acre tract, said remainder of a 200 acre tract, | ||
and said 27.26 acre tract, the following fourteen (14) courses: | ||
1. North 88 degrees 55 minutes 06 seconds East, a distance | ||
of 922.68 feet to the beginning of a curve to the right; | ||
2. 450.81 feet along the arc of said curve to the left having | ||
a radius of 3835.00 feet, a central angle of 06 degrees 44 minutes | ||
07 seconds and a chord that bears South 71 degrees 53 minutes 23 | ||
seconds East, a distance of 450.55 feet to an angle point; | ||
3. South 68 degrees 31 minutes 20 seconds East, a distance | ||
of 574.68 feet to the beginning of a curve to the left; | ||
4. 104.17 feet along the arc of said curve to the left having | ||
a radius of 4725.00 feet, a central angle of 01 degrees 15 minutes | ||
48 seconds and a chord that bears South 69 degrees 09 minutes 14 | ||
seconds East, a distance of 104.17 feet to an angle point; | ||
5. South 00 degrees 44 minutes 04 seconds West, a distance | ||
of 27.32 feet to the beginning of a curve to the left; | ||
6. 579.05 feet along the arc of said curve to the left having | ||
a radius of 4750.77 feet, a central angle of 06 degrees 59 minutes | ||
01 seconds and a chord that bears South 73 degrees 23 minutes 13 | ||
seconds East, a distance of 578.69 feet to an angle point; | ||
7. North 72 degrees 12 minutes 09 seconds East, a distance | ||
of 50.54 feet to the beginning of a curve to the left; | ||
8. 540.05 feet along the arc of said curve to the left having | ||
a radius of 4725.00 feet, a central angle of 06 degrees 32 minutes | ||
55 seconds and a chord that bears South 80 degrees 40 minutes 44 | ||
seconds East, a distance of 539.76 feet to an angle point; | ||
9. South 83 degrees 57 minutes 11 seconds East, a distance | ||
of 1586.77 feet to an angle point; | ||
10. South 61 degrees 15 minutes 03 seconds East, a distance | ||
of 64.78 feet to an angle point; | ||
11. South 83 degrees 57 minutes 11 seconds East, a distance | ||
of 1245.89 feet to an angle point; | ||
12. South 45 degrees 34 minutes 53 seconds East, a distance | ||
of 76.09 feet to an angle point; | ||
13. South 07 degrees 16 minutes 02 seconds East, a distance | ||
of 410.48 feet to the north line of said 27.26 acre tract; | ||
14. North 82 degrees 43 minutes 58 seconds East, a distance | ||
of 10.00 feet to the northeast corner of said 27.26 acre tract, | ||
being on said west R.O.W. of FM 1774; | ||
THENCE, along the line common to said 27.26 acre tract, and | ||
said west R.O.W. of FM 1774, South 07 degrees 44 minutes 19 seconds | ||
East, a distance of 1299.80 feet to the POINT OF BEGINNING and | ||
containing 557.61 acres of land. | ||
Save and Except the following 18.97 acre tract of land: | ||
Being a tract of land containing 18.97 acres (826,327 square | ||
feet), located in the E.T. Estis Survey, A-194 in Grimes County, | ||
Texas; Said 18.97 acre tract being all of an 11.225 acre tract | ||
recorded in the name of Joseph Blake Maywald, Jr., under Grimes | ||
County Deed Record (G.C.D.R.) Vol. 968, Pg. 415, and all of a 7.752 | ||
acre tract recorded in the name of Patricia Maywald Bradbury, under | ||
G.C.D.R. Vol. 968, Pg. 423; said 18.97 acre tract being more | ||
particularly described by metes and bounds as follows; bearings | ||
based on the Texas Coordinate system of 1983, Central Zone, per | ||
TxDOT Right-Of-Way (R.O.W.) Plans for SH 249.): | ||
COMMENCING at the southeast corner of a called 27.26 acre | ||
tract, recorded in the name of Marilyn Joyce Fuchs Knighten, under | ||
Grimes County Clerk's File (G.C.C.F.) No. 2022-326157, the | ||
northeast corner of a called 99.95 acre Tract 1 recorded, in the | ||
name of Robert E. Fuchs, under G.C.D.R. Vol. 1539, Pg. 785, said | ||
point being on the west R.O.W. of FM 1774 (100' wide per TxDOT | ||
R.O.W. Plans for Project C-1400-2-1 dated May 1954); | ||
THENCE, along the line common to said 27.26 acre tract, and | ||
said 99.95 acre Tract 1, South 84 degrees 08 minutes 27 seconds | ||
West, a distance of 917.54 feet to the most southerly southeast | ||
corner of a called 200 acre tract, recorded in the name of Marilyn | ||
Joyce Fuchs Knighten, under G.C.D.R. Vol. 654, Pg. 471; | ||
THENCE, through and across said 99.95 acre Tract 1, South 06 | ||
degrees 17 minutes 47 seconds East, a distance of 207.49 feet to the | ||
northeast corner of said 7.752 acre tract, and the POINT OF | ||
BEGINNING; | ||
THENCE, along the line common to said 7.752 acre tract, said | ||
11.225 acre tract, and said 99.95 acre Tract 1, the following four | ||
(4) courses: | ||
1. South 06 degrees 17 minutes 47 seconds East, a distance | ||
of 633.09 feet to the southeast corner of said 7.752 acre tract, and | ||
an angle point; | ||
2. South 86 degrees 27 minutes 13 seconds West, a distance | ||
of 1320.97 feet to the southwest corner of said 11.225 acre tract, | ||
and an angle point; | ||
3. North 03 degrees 30 minutes 34 seconds West, a distance | ||
of 633.49 feet to the northwest corner of said 11.225 acre tract, | ||
and an angle point; | ||
4. North 86 degrees 30 minutes 13 seconds East, a distance | ||
of 1290.19 feet, to the POINT OF BEGINNING and containing 18.97 | ||
acres of land. | ||
TRACT 2: 313.79 acres | ||
Being a tract of land containing 313.79 acres (13,668,645 | ||
square feet), located in the Blake Brantley Survey, A-104, the Gwyn | ||
Morrison Survey, A-357, the Edley Montgomery Survey, A-355, in | ||
Grimes County, Texas; Said 313.79 acre tract being out of portion of | ||
the remainder of a called 127.86 acre tract, recorded in the name of | ||
SH 249 Development IV, LLC, under Grimes County Deed Record | ||
(G.C.D.R.) Vol. 1727, Pg. 349, and a portion of the remainder of a | ||
called 111.64 acre tract, recorded in the name of SH 249 Development | ||
III, LLC, under G.C.D.R. Vol. 1727, Pg. 331, and a portion of the | ||
remainder of a called 99.58 acre tract, recorded in the name of SH | ||
249 Development II, LLC, under G.C.D.R. Vol. 1727, Pg. 337, and a | ||
portion of the remainder of a called 98.65 acre tract, recorded in | ||
the name of SH 249 Development I, LLC, under G.C.D.R. Vol. 1727, Pg. | ||
343, the remainder of a called 15.54 acre tract, recorded in the | ||
name of Marilyn J. Knighten, Et. Al., under Grimes County Clerk's | ||
File (G.C.C.F.) No. 2022-326155, a called 13.82 acre tract being a | ||
portion of the remainder of a called 1196.3 acre tract recorded in | ||
the name of Marilyn Joyce Fuchs Knighten, under G.C.D.R. Vol. 227, | ||
Pg. 177, and a portion of a Save & Except Tract recorded in G.C.D.R. | ||
Vol. 654, Pg. 471, and a called 14.33 acre tract recorded in the | ||
name of Marilyn J. Knighten, Et. Al., under G.C.C.F. | ||
No. 2022-326156; said 313.79 acre tract being more particularly | ||
described by metes and bounds as follows (bearings based on the | ||
Texas Coordinate system of 1983, Central Zone, per TxDOT | ||
Right-Of-Way (R.O.W.) Plans for SH 249.): | ||
BEGINNING at the northeast corner of said 98.65 acre tract, | ||
and the northwest corner of a called 118.18 acre tract, recorded in | ||
the name of Abdul Aziz Al-Herqan, under G.C.D.R. Vol. 468, Pg. 358; | ||
THENCE, with the line common to said 98.65 acre tract, said | ||
118.18 acre tract, said 15.54 acre tract, said 13.82 acre tract, | ||
said remainder of a called 1196.3 acre tract, and said 14.33 acre | ||
tract, the following five (5) courses: | ||
1. South 04 degrees 13 minutes 17 seconds East, a distance | ||
of 2894.79 feet to the southwest corner of said 118.18 acre tract, | ||
and the northwest corner of said 15.54 acre tract, and an angle | ||
point; | ||
2. North 87 degrees 26 minutes 05 seconds East, a distance | ||
of 1654.01 feet to an angle point; | ||
3. South 86 degrees 27 minutes 55 seconds East, a distance | ||
of 135.00 feet to an angle point; | ||
4. South 68 degrees 12 minutes 55 seconds East, a distance | ||
of 100.50 feet to an angle point; | ||
5. South 58 degrees 45 minutes 55 seconds East, a distance | ||
of 307.70 feet to the west Right-Of-Way (R.O.W.) of FM 1774 (100' | ||
wide per TxDOT R.O.W. Plans for Project C-1400-2-1 dated May 1954), | ||
and an angle point; | ||
THENCE, along the line common to said 14.33 acre tract, and | ||
said west R.O.W. of FM 1774, the following two (2) courses: | ||
1. South 00 degrees 09 minutes 55 seconds East, a distance | ||
of 256.75 feet to an angle point; | ||
2. South 01 degrees 34 minutes 37 seconds East, a distance | ||
of 78.24 feet to the southeast corner of said 14.33 acre tract, and | ||
the beginning of a No Access line for SH 249 described as Parcel 300 | ||
(Part 1) in an Agreed Final Judgement recorded under G.C.C.F. | ||
2021-318166, and an angle point; | ||
THENCE, along the line common to said 14.33 acre tract, said | ||
remainder of a called 1196.3 acre tract, a portion of said remainder | ||
of a called 15.54 acre tract, said portion of the remainder of a | ||
98.65 acre tract, and said No Access line for SH 249, and a portion | ||
of the No Access line for SH 249 described as Parcel 340 in Third | ||
Amended Notice Of Lis Pendens recorded under G.C.C.F. 2019-301340, | ||
the following four (4) courses: | ||
1. North 86 degrees 58 minutes 40 seconds West, a distance | ||
of 10.00 feet to the northeast corner of said remainder of a called | ||
1196.3 acre tract, being the beginning of a non-tangent curve to the | ||
left; | ||
2. 353.73 feet along the arc of said curve to the left having | ||
a radius of 1969.84 feet, a central angle of 10 degrees 17 minutes | ||
20 seconds and a chord that bears South 02 degrees 07 minutes 12 | ||
seconds East, a distance of 353.26 feet to an angle point; | ||
3. South 07 degrees 16 minutes 02 seconds East, a distance | ||
of 39.97 feet to an angle point; | ||
4. South 44 degrees 25 minutes 07 seconds West, a distance | ||
of 59.60 feet to the north R.O.W. of SH 249, as described in said | ||
Parcel 340, and as described in said Parcel 300 (Part 2), and an | ||
angle point; | ||
THENCE, along the line common to said north R.O.W. of SH 249, | ||
as described in said Parcel 340 and as described in said Parcel 300 | ||
(Part 2), said portion of the remainder of a 127.86 acre tract, said | ||
portion of the remainder of a 111.64 acre tract, said portion of the | ||
remainder of a 99.58 acre tract, said portion of the remainder of a | ||
98.65 acre tract, said portion a remainder of a 15.54 acre tract, | ||
and said remainder of a called 1196.3 acre tract, the following | ||
eight (8) courses: | ||
1. North 83 degrees 53 minutes 11 seconds West, a distance | ||
of 1709.42 feet to an angle point; | ||
2. South 69 degrees 41 minutes 06 seconds West, a distance | ||
of 60.78 feet to an angle point; | ||
3. North 83 degrees 57 minutes 11 seconds West, a distance | ||
of 1034.30 feet to the beginning of a curve to the right; | ||
4. 1178.28 feet along the arc of said curve to the left | ||
having a radius of 4375.00 feet, a central angle of 15 degrees 25 | ||
minutes 51 seconds and a chord that bears North 76 degrees 14 | ||
minutes 16 seconds West, a distance of 1174.72 feet to an angle | ||
point; | ||
5. North 68 degrees 31 minutes 20 seconds West, a distance | ||
of 574.68 feet to the beginning of a curve to the left; | ||
6. 853.80 feet along the arc of said curve to the left having | ||
a radius of 4185.00 feet, a central angle of 11 degrees 41 minutes | ||
21 seconds and a chord that bears North 74 degrees 22 minutes 00 | ||
seconds West, a distance of 852.32 feet to an angle point; | ||
7. North 74 degrees 05 minutes 25 seconds West, a distance | ||
of 322.83 feet to an angle point; | ||
8. North 80 degrees 03 minutes 54 seconds West, a distance | ||
of 492.47 feet to the intersection with the easterly line of a 125' | ||
wide Union Pacific Railroad (U.P.RR.) R.O.W., and an angle point; | ||
THENCE, along the line common to said U.P.RR. R.O.W., and | ||
said portion of the remainder of a 127.86 acre tract, the following | ||
eleven (11) courses: | ||
1. North 12 degrees 46 minutes 28 seconds West, a distance | ||
of 1305.09 feet to an angle point; | ||
2. North 12 degrees 54 minutes 02 seconds West, a distance | ||
of 57.58 feet to an angle point; | ||
3. North 13 degrees 26 minutes 26 seconds West, a distance | ||
of 97.28 feet to an angle point; | ||
4. North 14 degrees 23 minutes 45 seconds West, a distance | ||
of 96.86 feet to an angle point; | ||
5. North 15 degrees 50 minutes 20 seconds West, a distance | ||
of 98.90 feet to an angle point; | ||
6. North 17 degrees 33 minutes 16 seconds West, a distance | ||
of 96.98 feet to an angle point; | ||
7. North 19 degrees 38 minutes 05 seconds West, a distance | ||
of 94.13 feet to an angle point; | ||
8. North 22 degrees 01 minutes 54 seconds West, a distance | ||
of 101.63 feet to an angle point; | ||
9. North 25 degrees 10 minutes 43 seconds West, a distance | ||
of 101.28 feet to an angle point; | ||
10. North 28 degrees 18 minutes 56 seconds West, a distance | ||
of 87.11 feet to an angle point; | ||
11. North 29 degrees 44 minutes 22 seconds West, a distance | ||
of 58.52 feet to the northeast corner of said 127.86 acre tract, | ||
being the southwest corner of a called 61.00 acre tract recorded in | ||
the name of Thomas Sanford, under G.C.D.R. Vol. 1445, Pg. 554, and | ||
an angle point: | ||
THENCE, along the line common to said portion of the | ||
remainder of a 127.86 acre tract, said portion of the remainder of a | ||
111.64 acre tract, said portion of the remainder of a 99.58 acre | ||
tract, said portion of the remainder of a 98.65 acre tract, said | ||
61.00 acre tract, and a called 85.52 acre tract recorded in the name | ||
of Paul H. Miller and Jennifer H. Miller, under G.C.D.R. Vol. 1385, | ||
Pg. 770, the following two (2) courses: | ||
1. North 83 degrees 00 minutes 50 seconds East, a distance | ||
of 4056.21 feet to an angle point; | ||
2. North 85 degrees 31 minutes 22 seconds East, a distance | ||
of 313.85 feet to the POINT OF BEGINNING and containing 313.79 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, the | ||
lieutenant governor, and the speaker of the house of | ||
representatives within the required time. | ||
(d) All requirements of the constitution and laws of this | ||
state and the rules and procedures of the legislature with respect | ||
to the notice, introduction, and passage of this Act are fulfilled | ||
and accomplished. | ||
SECTION 4. (a) If this Act does not receive a two-thirds | ||
vote of all the members elected to each house, Subchapter C, Chapter | ||
7878A, Special District Local Laws Code, as added by Section 1 of | ||
this Act, is amended by adding Section 7878A.0307 to read as | ||
follows: | ||
Sec. 7878A.0307. NO EMINENT DOMAIN POWER. The district may | ||
not exercise the power of eminent domain. | ||
(b) This section is not intended to be an expression of a | ||
legislative interpretation of the requirements of Section 17(c), | ||
Article I, Texas Constitution. | ||
SECTION 5. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2023. |