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H.B. No. 3546
AN ACT
relating to the creation of the East Montgomery County Municipal
Utility Districts Nos. 5, 6, and 7; providing authority to impose a
tax and issue bonds; granting the power of eminent domain.
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 8140 to read as follows:
CHAPTER 8140. EAST MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICTS
NOS. 5, 6, AND 7
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8140.001. DEFINITIONS. In this chapter:
(1) "Board" or "boards" means, as appropriate, the
board of directors of one or all of the districts.
(2) "Director" means a member of a board.
(3) "District" or "districts" means, as appropriate,
one or all of the East Montgomery County Municipal Utility
Districts Nos. 5, 6, and 7.
Sec. 8140.002. NATURE OF DISTRICT. Each district is a
municipal utility district in Montgomery County created under and
essential to accomplish the purposes of Section 52, Article III,
and Section 59, Article XVI, Texas Constitution.
Sec. 8140.003. CONFIRMATION ELECTION REQUIRED. If the
creation of a district is not confirmed at a confirmation election
held under Section 8140.023 before September 1, 2007:
(1) the district is dissolved September 1, 2007,
except that:
(A) any debts incurred shall be paid;
(B) any assets that remain after the payment of
debts shall be transferred to Montgomery County; and
(C) the organization of the district shall be
maintained until all debts are paid and remaining assets are
transferred; and
(2) the provisions of this chapter relating to that
district expire September 1, 2010.
Sec. 8140.004. INITIAL DISTRICT TERRITORY. (a) Each
district is initially composed of the territory described by
Section 2 of the Act creating this chapter.
(b) The boundaries and field notes of each district, as
described by Section 2 of the Act creating 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:
(1) the organization, existence, or validity of the
district;
(2) the right of the district to impose taxes;
(3) the validity of the district's bonds, notes, or
indebtedness; or
(4) the legality or operation of the district or the
board.
Sec. 8140.005. APPLICABILITY OF OTHER LAW. Except as
otherwise provided by this chapter, Chapters 49 and 54, Water Code,
apply to the districts.
[Sections 8140.006-8140.020 reserved for expansion]
SUBCHAPTER A1. TEMPORARY PROVISIONS
Sec. 8140.021. TEMPORARY DIRECTORS. (a) On or after
September 1, 2005, a person who owns land inside the boundaries of a
district may petition the Texas Commission on Environmental Quality
to appoint as temporary directors of that district the five persons
listed in the petition.
(b) The commission shall appoint as temporary directors the
persons listed in a petition received by the commission under
Subsection (a). If the commission receives more than one petition
for a district, the commission shall appoint the directors listed
in the first petition the commission receives.
(c) If a temporary director fails to qualify for office, the
commission shall appoint a person to fill the vacancy.
(d) Temporary directors serve until the earlier of:
(1) the date directors are elected under Section
8140.023; or
(2) the date the provisions of this chapter relating
to the district expire under Section 8140.003.
Sec. 8140.022. ORGANIZATIONAL MEETING OF TEMPORARY
DIRECTORS. As soon as practicable after all the temporary
directors of a district have qualified under Section 49.055, Water
Code, the temporary directors of that district shall meet at a
location in the district agreeable to a majority of the directors of
that district. If a location cannot be agreed upon, the meeting
shall be at the Montgomery County Courthouse. At the meeting, the
temporary directors shall elect officers from among the temporary
directors and conduct any other district business.
Sec. 8140.023. CONFIRMATION AND INITIAL DIRECTORS'
ELECTION. The temporary directors of each district shall hold an
election to confirm the creation of the district and to elect five
directors as provided by Section 49.102, Water Code.
Sec. 8140.024. INITIAL ELECTED DIRECTORS; TERMS. The
directors of each district elected under Section 8140.023 shall
draw lots to determine which two shall serve until the first
regularly scheduled election of directors under Section 8140.052
and which three shall serve until the second regularly scheduled
election of directors.
Sec. 8140.025. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2010.
[Sections 8140.026-8140.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8140.051. DIRECTORS; TERMS. (a) Each district is
governed by a board of five directors.
(b) Directors serve staggered four-year terms.
Sec. 8140.052. ELECTION OF DIRECTORS. On the uniform
election date in May of each even-numbered year, the appropriate
number of directors of each district shall be elected.
[Sections 8140.053-8140.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8140.101. GENERAL POWERS. Each district has all of the
rights, powers, privileges, authority, functions, 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. 8140.102. ROAD PROJECTS. (a) The district may
construct, acquire, improve, maintain, or operate macadamized,
graveled, or paved roads or turnpikes, or improvements in aid of
those roads or turnpikes, inside the district.
(b) A road project must meet all applicable construction
standards, zoning and subdivision requirements, and regulatory
ordinances of the municipality or county in whose jurisdiction the
district is located.
(c) The district may not undertake a road project unless
each municipality or county in whose jurisdiction the district is
located consents by ordinance or resolution.
Sec. 8140.103. COMPLIANCE WITH MUNICIPAL CONSENT
ORDINANCES OR RESOLUTIONS. Subject to the limitations of Section
54.016, Water Code, each district shall comply with all applicable
requirements of any ordinance or resolution adopted by the city
council of the City of Houston, including an ordinance or
resolution adopted before September 1, 2005, that consents to the
creation of the district or to the inclusion of lands within the
district.
[Sections 8140.104-8140.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8140.151. TAX TO REPAY BONDS. Each district may impose
a tax to pay the principal of or interest on bonds issued under
Section 8140.201.
[Sections 8140.152-8140.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 8140.201. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. (a) Each district may issue bonds or other
obligations as provided by Chapters 49 and 54, Water Code, to
finance the construction, maintenance, or operation of projects
under Sections 8140.101 and 8140.102.
(b) A district may not issue bonds to finance projects
authorized by Section 8140.102 unless the issuance is approved by a
vote of a two-thirds majority of the voters of the district voting
at an election called for that purpose.
(c) Bonds or other obligations issued or incurred to finance
projects authorized by Section 8140.102 may not exceed one-fourth
of the assessed value of the real property in the district.
(d) Sections 49.181 and 49.182, Water Code, do not apply to
a project undertaken by a district under Section 8140.102 or to
bonds issued by the district to finance the project.
SECTION 2. Each district initially includes, respectively,
the territory contained in the following areas as indicated:
(1) East Montgomery County Municipal Utility District
No. 5:
PARCEL ONE
BEGINNING at the northeast corner of the herein described
tract, being a point in the westerly right-of-way of U.S. Highway 59
(width varies) as described in a deed dated May 14, 1965 from
William Marsh Rice University to the State of Texas as recorded in
Volume 597, Page 183 of the Montgomery County Deed Records (MCDR)
and the north line of said A.P. Frederick 1/3 League, also being the
southeast corner of a tract of land as described in a deed dated
August 5, 1965 from Willie Lee Smith to Mable Irvin, as recorded in
Volume 602, Page 143 MCDR and being the POINT OF BEGINNING of the
herein described tract;
THENCE, along and coincident with said westerly right-of-way
of U.S. Highway 59 the following thirteen (13) courses:
1. South 27° 35' 54" West, a distance of 265.24 feet to an
angle point;
2. South 35° 41' 17" West, a distance of 151.55 feet to an
angle point;
3. South 27° 40' 59" West, a distance of 199.22 feet to an
angle point;
4. South 20° 17' 57" West, a distance of 152.15 feet to an
angle point;
5. South 27° 49' 25" West, a distance of 999.99 feet to an
angle point;
6. South 44° 35' 47" West, a distance of 104.75 feet to an
angle point;
7. South 27° 44' 18" West, a distance of 199.53 feet to an
angle point;
8. South 11° 21' 01" West, a distance of 104.52 feet to an
angle point;
9. South 27° 38' 36" West, a distance of 86.95 feet to the
beginning of a curve to the left;
10. Along said curve to the left, concave southeast, having
a radius of 43,132.43 feet, a central angle of 01° 14'
58", a chord bearing South 27° 12' 07" West, 940.57 feet
and an arc length of 940.59 feet to the end of said
curve;
11. South 26° 32' 47" West, a distance of 175.74 feet to an
angle point;
12. South 35° 03' 48" West, a distance of 202.50 feet to an
angle point;
13. South 26° 32' 47" West, a distance of 1,052.21 feet to a
point for the southeast corner of the herein described
tract, called in said deed into Whitestone Houston
Land, Ltd. being on the northerly gradient boundary of
the navigable stream currently called Caney Creek;
THENCE, in a general northwesterly and upstream direction
along the said gradient boundary of Caney Creek the following
meanders;
1. South 71° 03' 31" West, 66.95 feet;
2. North 69° 22' 36" West, 71.04 feet;
3. South 84° 50' 07" West, 101.14 feet;
4. South 52° 09' 05" West, 141.78 feet;
5. South 82° 10' 23" West, 175.93 feet;
6. South 38° 43' 32" West, 116.77 feet;
7. South 89° 12' 13" West, 114.03 feet;
8. North 65° 38' 43" West, 86.05 feet;
9. North 37° 31' 28" West, 172.53 feet;
10. North 52° 11' 59" West, 107.68 feet;
11. North 52° 08' 46" West, 227.85 feet;
12. North 29° 44' 57" West, 97.44 feet;
13. North 17° 38' 31" West, 81.90 feet;
14. North 01° 36' 49" West, 294.10 feet;
15. North 10° 10' 29" West, 249.74 feet;
16. North 04° 13' 33" West, 231.36 feet;
17. North 38° 24' 58" West, 166.60 feet;
18. North 27° 35' 22" West, 148.19 feet;
19. North 62° 26' 03" West, 185.18 feet;
20. South 67° 30' 14" West, 121.70 feet;
21. South 41° 09' 16" West, 144.56 feet;
22. South 33° 38' 07" West, 143.63 feet;
23. South 52° 22' 09" West, 161.29 feet;
24. South 21° 10' 24" East, 92.20 feet;
25. South 01° 03' 36" East, 81.11 feet;
26. South 47° 21' 45" West, 119.27 feet;
27. South 51° 03' 38" West, 121.22 feet;
28. North 55° 07' 02" West, 173.53 feet;
29. North 61° 27' 55" West, 160.41 feet;
30. South 87° 11' 47" West, 251.20 feet;
31. South 76° 00' 59" West, 205.85 feet;
32. South 42° 09' 36" West, 105.88 feet;
33. South 60° 04' 30" West, 121.26 feet;
34. South 64° 08' 40" West, 119.15 feet;
35. South 60° 09' 13" West, 189.35 feet;
36. South 86° 43' 54" West, 321.46 feet:
37. South 82° 08' 59" West, 165.73 feet;
38. South 76° 51' 07" West, 224.90 feet;
39. North 81° 40' 26" West, 97.40 feet;
40. North 82° 06' 49" West, 229.71 feet;
41. North 55° 56' 09" West, 102.52 feet;
42. North 51° 18' 53" West, 143.57 feet;
43. North 07° 23' 16" West, 142.50 feet;
44. North 06° 51' 59" West, 198.00 feet;
45. North 22° 03' 50" West, 225.50 feet;
46. North 12° 42' 56" West, 107.60 feet;
47. North 27° 04' 46" West, 363.18 feet;
48. North 39° 56' 30" West, 216.66 feet;
49. North 56° 27' 22" West, 180.32 feet;
50. North 59° 05' 06" West, 290.13 feet;
51. North 52° 08' 42" West, 180.22 feet
52. North 62° 33' 12" West, 166.27 feet:
53. North 43° 26' 34" West, 279.83 feet;
54. North 35° 51' 37" West, 201.31 feet;
55. North 51° 53' 28" West, 148.28 feet;
56. North 59° 07' 36" West, 166.74 feet;
57. North 57° 19' 58" West, 198.39 feet;
58. North 13° 10' 05" West, 139.68 feet;
59. North 13° 17' 58" West, 119.61 feet;
60. North 11° 50' 09" East, 242.73 feet;
61. North 06° 18' 12" East, 188.89 feet;
62. North 32° 54' 02" West, a distance of 42.53 feet to a
point for the northwest corner of the herein described
tract, being at the intersection of the said gradient
boundary of Caney Creek and the north line of said A.P.
Frederick 1/3 League, also being the south line of a
tract of land as described in a deed dated September 4,
1964 whereas E.T.A. Corporation became the equitable
owners, as recorded in Volume 585, Page 423 MCDR;
THENCE, North 86° 52' 49" East, a distance of 4,180.10 feet
along the common line of said E.T.A. Corporation south line and the
north line of said A.P. Frederick 1/3 League, same being the north
line of the herein described tract, to the southeast corner of said
E.T.A. Corporation tract and the southwest corner of a called
17-acre tract of land as described in a deed dated December 22, 1999
from Michael Vincent Jennings to Alton Hues as recorded under CCF
No. 2000-025558 and Film Code Number (FC#) 682-00-0755, MCRPR and
being an angle point in the north line of the herein described
tract;
THENCE, North 86° 43' 41" East, a distance of 2,704.29 feet
along the common line of said Alton Hues south line and the north
line of said A.P. Frederick 1/3 League, same being the north line of
the herein described tract, to the southeast corner of a called
63.319-acre tract of land as described in a deed dated April 3, 1998
from Alton Hues to Winwood Forest, Inc. as recorded under CCF No.
9823687 and FC# 366-00-0689 MCRPR and the southwest corner of the
Wilshire Subdivision as recorded in Cabinet 143, Sheet "B",
Montgomery County Map Records (MCMR) and being an angle point in the
north line of the herein described tract;
THENCE, North 86° 59' 53" East, a distance of 1,530.30 feet
along the common line of said Wilshire Subdivision south line and
the north line of said A.P. Frederick 1/3 League, same being the
north line of the herein described tract, to the southeast corner of
said Wilshire Subdivision tract and the southwest corner of said
Mable Irvin Tract and being an angle point in the north line of the
herein described tract;
THENCE, North 87° 52' 37" East, a distance of 236.82 feet
along the common line of said Mable Irvin south line and the north
of line said A.P. Frederick 1/3 League, same being the north line of
the herein described tract, to the POINT OF BEGINNING, and
containing a computed 508.9 acres of land.
PARCEL TWO
COMMENCING at the southwest corner of a called 33.8686-acre
tract of land as described in a deed dated April 14, 1981 from James
H. Williford, et ux to Robert J. Adam as recorded under CCF No.
8113601 and Film Code Number (FC#) 068-01-1066 MCRPR, being in the
north right-of-way line of Roman Forest Drive (100 feet wide) as
described in a deed dated September 8, 1970 from William Marsh Rice
University to Friendswood Development Company and King Ranch, Inc.,
as recorded in Volume 718, Page 114 of the Montgomery County Deed
Records (MCDR), also being 36.86 feet southeasterly at a right
angle from the easterly right-of-way of the H.E. & W.T. Railroad;
THENCE, South 29° 56' 04" West, a distance of 3,462.33 feet to
the northwest corner of the herein described tract, being an
interior corner in the easterly right-of-way of U.S. Highway 59
(width varies) as described in a deed dated May 14, 1965 from
William Marsh Rice University to State of Texas, as recorded in
Volume 597, Page 183, MCDR and being the POINT OF BEGINNING of the
herein described tract;
THENCE, South 69° 33' 58" East, a distance of 112.23 feet
along the north line of the herein described tract to a point for
the northeast corner of the herein described tract, being an
exterior southeasterly corner of said U.S. Highway 59, also being
in the westerly right-of-way line of State Highway 35 (width
varies);
THENCE, along said westerly right-of-way of (previously
called) State Highway 35 (now known as Loop 494), the following
seven (7) courses:
1. South 14° 06' 09" West, a distance of 751.71 feet to a
point of curvature of a curve to the right;
2. Along said curve to the right, concave west, having a
radius of 2864.78 feet, a central angle of 04° 36' 22", a
chord bearing South 16° 24' 20" West, 230.24 feet and an
arc length of 230.30 feet to the end of said curve;
3. South 21° 46' 24" West, a distance of 61.23 feet to a point
of curvature of a curve to the left;
4. Along said curve to the left, concave east, having a
radius of 2,764.93 feet, a central angle of 00° 12' 26",
a chord bearing South 17° 59' 56" West, 10.00 feet and an
arc length of 10.00 feet to the end of said curve;
5. North 72° 06' 17" West, a distance of 100.00 feet to an
interior corner of the herein described tract; being a
point of curvature of a curve to the left;
6. Along said curve to the left, concave east, having a
radius of 2,864.93 feet, a central angle of 04° 11' 58",
a chord bearing South 15° 47' 44" West, 209.94 feet, and
an arc length of 209.98 feet to the end of said curve;
7. South 14° 06' 09" West, a distance of 332.65 feet to a
point called in said deed to Whitestone Houston Land,
Ltd. on the northerly gradient boundary of the
navigable stream currently called Caney Creek and being
the southeast corner of the herein described tract;
THENCE, in a general northwesterly and upstream direction
along the said gradient boundary of Caney Creek the following
meanders;
1. North 61° 33' 29" West, 95.55 feet;
2. North 50° 00' 08" West, 188.29 feet;
3. North 27° 39' 03" West, a distance of 28.86 feet to a point
for the southwest corner of the herein described tract,
being the intersection of the said gradient boundary
and said easterly right-of-way of said U.S. Highway 59;
THENCE, along said easterly right-of-way of said U.S. Highway
59 the following courses:
1. North 26° 32' 47" East, a distance of 825.84 feet to an
angle point;
2. North 18° 21' 01" East, a distance of 203.61 feet to an
angle point;
3. North 26° 21' 04" East, a distance of 474.57 feet to the
POINT OF BEGINNING, and containing a computed 7.9 acres
of land.
(2) East Montgomery County Municipal Utility District
No. 6:
PARCEL ONE
BEGINNING at the northwest corner of the said Tract 1, being
in the easterly right-of-way line of the H.E. & W.T. Railroad (100
feet wide), also being in the south right-of-way of Roman Forest
Drive (100 feet wide) as described in a deed dated September 8, 1970
and recorded in Volume 718, Page 114 pf the Montgomery County Deed
Records (MCDR);
THENCE, continuing along the said south right-of-way of said
Roman Forest Drive the following six (6) courses:
1. North 87° 01' 40" East, a distance of 2741.91 feet to an
angle point;
2. South 71° 00' 49" East, a distance of 48.07 feet to an
angle point:
3. South 81° 55' 00" East, a distance of 61.09 feet to an
angle point:
4. North 87° 05' 00" East, a distance of 4,685.13 feet to an
angle point;
5. South 83° 05' 00" East, a distance of 176.00 feet to an
angle point;
6. North 87° 05' 00" East, a distance of 317.23 feet to a
point for the northeast corner of the herein described
tract and called in said deed into Whitestone Houston
Land, Ltd. being on the westerly gradient boundary of
the navigable stream currently called Peach Creek;
THENCE, in a general southeasterly and downstream direction
along the said westerly gradient boundary of Peach Creek the
following meanders;
1. South 02° 55' 01" East, 8.44 feet;
2. South 18° 19' 57" West, 55.45 feet;
3. South 22° 24' 28" West, 92.61 feet;
4. South 02° 19' 30" East, 142.43 feet;
5. South 18° 16' 11" West, 164.33 feet;
6. South 41° 15' 47" West, 114.21 feet;
7. South 36° 14' 56" West, 175.34 feet;
8. South 01° 05' 21" East, 195.41 feet;
9. South 14° 08' 12" East, 126.44 feet;
10. South 07° 39' 09" East, 192.04 feet;
11. South 10° 47' 59" West, 146.98 feet;
12. South 02° 59' 17" East, 311.80 feet;
13. South 01° 40' 00" East, 134.81 feet;
14. South 08° 42' 38" East, 189.10 feet;
15. South 17° 43' 00" East, 182.75 feet;
16. South 32° 47' 06" East, 160.50 feet;
17. South 40° 15' 51" East, 110.61 feet;
18. South 27° 42' 45" East, 211.41 feet;
19. South 38° 29' 35" East, 123.07 feet;
20. South 48° 24' 24" East, 161.34 feet;
21. South 51° 57' 20" East, 230.18 feet;
22. South 41° 22' 28" East, 170.56 feet;
23. South 33° 27' 32" East, 121.73 feet;
24. South 37° 16' 44" East, 144.80 feet;
25. South 49° 45' 37" East, 201.83 feet;
26. South 58° 17' 17" East, 186.66 feet;
27. South 43° 28' 28" East, 245.99 feet;
28. South 29° 46' 49" East, 156.23 feet;
29. South 44° 04' 33" East, 122.77 feet;
30. South 23° 29' 46" East, 169.88 feet;
31. South 24° 53' 41" East, 49.15 feet;
32. South 36° 59' 21" East, 117.28 feet;
33. South 30° 05' 18" East, 156.77 feet;
34. South 22° 54' 17" East, 144.17 feet;
35. South 31° 42' 52" East, 86.54 feet;
36. South 18° 20' 16" East, a distance of 81.23 feet to a
point for the southeast corner of the herein described
tract, said point being the intersection of said
westerly gradient boundary of Peach Creek and the south
line of said A.P. Frederick 1/3 League, and being the
north line of a 45.18-acre tract of land as described in
a deed dated May 20, 1993 from Mill Whitehead to Dean A.
Lewis, et ux, as recorded under CCF No. 9326004 and Film
Code Number (FC#) 878-01-1487, MCRPR;
THENCE, South 86° 23' 05" West, a distance of 5,579.53 feet
along the common line of said A.P. Frederick 1/3 League's south line
and the north line of said Lewis tract, the north line of Country
Estates as recorded in Cabinet "D", Sheet 33B of the Montgomery
County Map Records (MCMR), and the north line of a called 21.5-acre
tract of land as described in a deed dated May 6, 1994 from Mary J.
Reindl, et al to Dennis Arrington, et ux, as recorded under CCF No.
9430971 and FC# 979-01-1323 MCRPR to the northeast corner of a
called 25.3884-acre tract of land as described in a deed dated
November 11, 1982 from Blanche G. Dumas, et al. to William B. Dumas
as recorded under CCF No. 8251910 and FC# 168-01-2042 MCRPR and
being an angle point in the south line of the herein described
tract;
THENCE, South 86° 41' 47" West, a distance of 288.97 feet
along the common line of said A.P. Frederick 1/3 League's south line
and the north line of said Dumas tract, same being the south line of
the herein described tract, to a point for the southwest corner of
the herein described tract;
THENCE North 10° 21' 02" East, a distance of 832.05 feet to a
point for the beginning of a curve;
THENCE along a curve to the right, concave northeast, having
a radius of 900.00 feet, a central angle of 13° 23' 14", a chord
bearing North 64° 31' 52" West, 209.81 feet and an arc length of
210.29 feet to a point of tangency;
THENCE, North 57° 50' 15" West, a distance of 560.00 feet to a
point for corner;
THENCE, North 50° 36' 55" East, a distance of 144.01 feet to an
angle point;
THENCE, North 45° 36' 55" East, a distance of 150.00 feet to an
angle point;
THENCE, North 34° 07' 40" East, a distance of 200.00 feet to an
angle point;
THENCE, North 41° 04' 35" East, a distance of 200.00 feet to an
angle point;
THENCE, North 23° 37' 14" East, a distance of 100.00 feet to an
angle point;
THENCE, North 06° 00' 00" East, a distance of 460.00 feet to an
angle point;
THENCE, North 06° 07' 06" West, a distance of 130.00 feet to a
point for corner;
THENCE, South 83° 52' 54" West, a distance of 175.00 feet to an
angle point;
THENCE, North 89° 43' 43" West, a distance of 245.00 feet to an
angle point;
THENCE, North 82° 06' 49" West, a distance of 275.00 feet to an
angle point;
THENCE, North 76° 29' 09" West, a distance of 190.00 feet to an
angle point;
THENCE, North 66° 22' 15" West, a distance of 325.00 feet to an
angle point;
THENCE, North 82° 01' 36" West, a distance of 190.00 feet to a
point for corner and the beginning of a curve to the left;
THENCE, along said curve the left, concave south, having a
radius of 116.00 feet, a central angle of 144° 02' 43", a chord
bearing South 82° 19' 40" West, 220.67 feet and an arc length of
291.63 feet to a point for corner;
THENCE, South 73° 30' 29" West, a distance of 190.00 feet to an
angle point;
THENCE, South 65° 42' 27" West, a distance of 250.00 feet to an
angle point;
THENCE, South 57° 26' 11" West, a distance of 255.00 feet to a
point for corner;
THENCE, North 49° 23' 01" West, a distance of 90.00 feet to an
angle point;
THENCE, North 58° 18' 56" West, a distance of 200.00 feet to an
angle point;
THENCE, North 36° 11' 57" West, a distance of 135.00 feet to an
angle point;
THENCE, North 60° 05' 19" West, a distance of 65.00 feet to an
angle point;
THENCE, North 85° 39' 35" West, a distance of 140.00 feet to an
angle point;
THENCE, North 65° 13' 31" West, a distance of 75.00 feet to an
angle point;
THENCE, North 48° 33' 43" West, a distance of 225.00 feet to an
angle point;
THENCE, North 37° 31' 21" West, a distance of 75.00 feet to an
angle point;
THENCE, North 25° 06' 14" West, a distance of 75.00 feet to an
angle point;
THENCE, North 11° 27' 32" West, a distance of 300.00 feet to an
angle point;
THENCE, North 07° 42' 00" East, a distance of 263.18 feet to an
angle point;
THENCE, North 21° 03' 15" West, a distance of 484.86 feet to a
point for corner and the beginning of a curve to the left;
THENCE, along said curve to the left, concave southeast,
having a radius of 750.00 feet, a central angle of 34° 54' 29", a
chord bearing South 51° 29' 30" West, 449.91 feet and an arc length
of 456.95 feet to a point for corner;
THENCE, North 55° 57' 44" West, a distance of 770.65 feet to a
point for corner in the west line of said called 1043.9094-acre
Tract 1, being also the said easterly right-of-way line of the H.E. &
W.T. Railroad;
THENCE, North 27° 49' 25" East, a distance of 579.42 feet to
the POINT OF BEGINNING and containing a computed 662.6 acres of
land.
PARCEL TWO
COMMENCING at the southwest corner of a called 33.8686-acre
tract of land as described in a deed dated April 14, 1981 from James
H. Williford, et ux to Robert J. Adams as recorded under CCF No.
8113601 and Film Code Number (FC#) 068-01-1066 MCRPR, being in the
north right-of-way line of Roman Forest Drive (100 feet wide) as
described in a deed dated September 8, 1970 from William Marsh Rice
University to Friendswood Development Company and King Ranch, Inc.,
as recorded in Volume 718, Page 114 of the Montgomery County Deed
Records (MCDR), also being 36.86 feet southeasterly at a right
angle from the easterly right-of-way of the H.E. & W.T. Railroad;
THENCE, North 87° 01' 40" East, a distance of 2,658.80 feet
along said north right-of-way line of Roman Forest Drive and north
line of the A.P. Frederick 1/3 League, to the northwest corner and
the POINT OF BEGINNING of the herein described tract, said point
lying in the south line of the remainder of a called 11-acre tract
of land as described in a deed dated December 10, 1971 from Texas
Gulf Industries, Inc. to Thomas S. Terrell, as recorded in Volume
219, Page 461, MCDR;
THENCE, North 87° 01' 40" East, a distance of 89.56 feet
departing the said north right-of-way line of Roman Forest Drive,
along the common line of said Terrell tract and the north line of
the A.P. Frederick 1/3 League, to the southeast corner of said
Terrell tract and the southwest corner of a called 44.9438-acre
tract of land as described in a deed dated March 7, 1994 from Alice
Ruth McClain et al. to Paul D. Wilhelm, D.D.S., et ux, as recorded
under CCF No. 9414829 and FC# 958-01-0786 MCRPR;
THENCE, North 87° 05' 00" East, a distance of 5,171.48 feet
along the common line of the Wilhelm tract south line, the south
line of a called 7.5351-acre tract of land as described in a deed
dated July 22, 1992 from Seth W. Dorbandt, et al. to Houston
Cellular Telephone Company, as recorded under CCF No. 9237368, and
FC# 808-01-0999, MCRPR, the south line of Woodbranch Section 4, as
recorded in Volume 7, Page 231, of the Montgomery County Map Records
(MCMR), the south line of Woodbranch Section 3, as recorded in
Volume 5, Page 351, MCMR, and the north line of said A.P. Frederick
1/3 League, to the northeast corner of the herein described tract,
called in said deed into Whitestone Houston Land, Ltd. being on the
westerly gradient boundary of the navigable stream currently called
Peach Creek;
THENCE, South 02° 55' 00" East, a distance of 59.75 feet in a
generally southeasterly and downstream direction along the said
gradient boundary of Peach Creek to a point for the southeast corner
of the herein described tract, being in the said north right-of-way
line of Roman Forest Drive;
THENCE, along said north right-of-way of Roman Forest Drive
the following five (5) courses:
1. South 87° 05' 00" West, a distance of 308.63 feet to an
angle point;
2. North 83° 05' 00" West, a distance of 176.00 feet to an
angle point;
3. South 87° 05' 00" West, a distance of 4,684.10 feet to an
angle point;
4. North 81° 55' 00" West, a distance of 41.92 feet to an
angle point;
5. North 71° 00' 49" West, a distance of 57.93 feet to the
POINT OF BEGINNING and containing a computed 3.8 acres
of land.
(3) East Montgomery County Municipal Utility District
No. 7:
COMMENCING at the northwest corner of said Tract 1, being in
the easterly right-of-way line of the H.E. & W.T. Railroad (100 feet
wide), also being in the south right-of-way of Roman Forest Drive
(100 feet wide) as described in a deed dated September 8, 1970 and
recorded in Volume 718, Page 114 of the Montgomery County Deed
Records (MCDR);
THENCE, South 27° 49' 25" West, a distance of 579.42 feet
along the said east right-of-way of line of the H.E. & W.T. Railroad
to the POINT OF BEGINNING;
THENCE, South 55° 57' 44" East, a distance of 770.65 feet to a
point for corner and the beginning of a curve to the right;
THENCE, along a curve to the right, concave southeast, having
a radius of 750.00 feet, a central angle of 34° 54' 29", a chord
bearing North 51° 29' 30" East, 449.91 feet and an arc length of
456.95 feet to a point for corner;
THENCE, South 21° 03' 15" East, a distance of 484.86 to an
angle point;
THENCE, South 07° 42' 00" West, a distance of 263.18 feet to an
angle point;
THENCE, South 11° 27' 32" East, a distance of 300.00 feet to an
angle point
THENCE, South 25° 06' 14" East, a distance of 75.00 feet to an
angle point;
THENCE, South 37° 31' 21" East, a distance of 75.00 feet to an
angle point;
THENCE. South 48° 33' 43" East, a distance of 225.00 feet to an
angle point;
THENCE, South 65° 13' 31" East, a distance of 75.00 feet to an
angle point;
THENCE, South 85° 39' 35" East, a distance of 140.00 feet to an
angle point;
THENCE, South 60° 05' 19" East, a distance of 65.00 feet to an
angle point;
THENCE, South 36° 11' 57" East, a distance of 135.00 feet to an
angle point;
THENCE, South 58° 18' 56" East, a distance of 200.00 feet to an
angle point;
THENCE, South 49° 23' 01" East, a distance of 90.00 feet to a
point for corner;
THENCE, North 57° 26' 11" East, a distance of 255.00 feet to an
angle point;
THENCE, North 65° 42' 27" East, a distance of 250.00 feet to an
angle point;
THENCE, North 73° 30' 29" East a distance of 190.00 feet to a
point for corner and the beginning of a curve to the right;
THENCE, along said curve the right, concave south, having a
radius of 116.00 feet, a central angle of 144° 02' 43", a chord
bearing North 82° 19' 40" East, 220.67 feet and an arc length of
291.63 feet to a point for corner;
THENCE, South 82° 01' 36" East, a distance of 190.00 feet to an
angle point;
THENCE, South 66° 22' 15" East, a distance of 325.00 feet to an
angle point;
THENCE, South 76° 29' 09" East, a distance of 190.00 feet to an
angle point;
THENCE, South 82° 06' 49" East, a distance of 275.00 feet to an
angle point;
THENCE, South 89° 43' 43" East, a distance of 245.00 feet to an
angle point;
THENCE, North 83° 52' 54" East, a distance of 175.00 feet to a
point for corner;
THENCE, South 06° 07' 06" East, a distance of 130.00 feet to an
angle point;
THENCE, South 06° 00' 00" West, a distance of 460.00 feet to an
angle point;
THENCE, South 23° 37' 14" West, a distance of 100.00 feet to an
angle point;
THENCE, South 41° 04' 35" West, a distance of 200.00 feet to an
angle point;
THENCE, South 34° 07' 40" West, a distance of 200.00 feet to an
angle point;
THENCE, South 45° 36' 55" West, a distance of 150.00 feet to an
angle point;
THENCE, South 50° 36' 55" West, a distance of 144.01 feet to a
point for corner;
THENCE, South 57° 50' 15" East, a distance of 560.00 feet to a
point of curvature;
THENCE along a curve to the left, concave northeast, having a
radius of 900.00 feet, a central angle of 13° 23' 14", a chord
bearing South 64° 31' 52" East, 209.81 feet and an arc length of
210.29 feet to a point for corner;
THENCE South 10° 21' 02" West, a distance of 832.05 feet to a
point in the south line of said Tract 1, being also said A.P.
Frederick 1/3 League's south line and the north line of a called
25.3884-acre tract of land as described in a deed dated November 11,
1982 from Blanche G. Dumas, et al. to William B. Dumas as recorded
under CCF No. 8251910 and FC# 168-01-2042 MCRPR;
THENCE, S 86° 41' 47" W, a distance of 525.41 feet along the
common line of said A.P. Frederick 1/3 League's south line and the
north line of said Dumas tract, same being the south line of the
herein described tract, to the northwest corner of said Dumas tract
and the northeast corner of a called 50.097-acre tract of land as
described in a deed dated March 28, 1991 from Herman D. Collette to
Barbara L. Collette as recorded in MCCF #9628905 and FC#
157-00-1792 MCRPR and being an angle point in the south line of the
herein described tract;
THENCE, S 85° 40' 30" W, a distance of 996.36 feet along the
common line of said A.P Frederick 1/3 League's south line and the
north line of said 50.097-acre tract, same being the south line of
the herein described tract, to the northwest corner of said
50.097-acre tract and the northeast corner of a called 14.233-acre
tract of land as described in a deed dated March 28, 1991 from
Herman D. Collette to Barbara L. Collette as recorded under CCF No.
9628904 and FC# 157-00-1789 MCRPR and being an angle point in the
south line of the herein described tract;
THENCE, S 85° 29' 19" West, a distance of 3,978.02 feet along
the common line of said A.P. Frederick 1/3 League's south line and
the north line of said 14.233-acre tract, the north line of the
remainder of a called 51-acre tract of land as described in a deed
dated June 21, 1948 from C.L. Reinhardt to Erwin Reinhardt as
recorded in Volume 505, Page 380 MCDR, the north line of a called
2.275-acre tract of land as described in a deed dated September 30,
1982 from Emmett Vickery, Inc. to Emmett Ray Vickery, et ux as
recorded under CCF No. 8242945 and FC# 158-01-1238 MCRPR, the north
line of the remainder of a called 13.33-acre tract of land as
described in a deed dated August 15, 1980 from Veterans Land Board
of Texas to Emmett Ray Vickery as recorded under CCF No. 8027065 and
FC# 030-01-1037 MCRPR, the north line of a called 66.740-acre tract
of land as described in a deed dated October 9, 1981 from G.K.
Markham, et ux to William A Kimbrough, et al. as recorded under CCF
No. 8138231 and FC# 096-01-1414 MCRPR, same being the south line of
the herein described tract to a point for the southerly southwest
corner of the herein described tract and called in said deed into
Whitestone Houston Land, Ltd. being on the easterly gradient
boundary of the navigable stream currently called Caney Creek.
THENCE, in a general northwesterly and upstream direction
along the said easterly gradient boundary of Caney Creek the
following meanders;
1. North 23° 45' 51 West, 124.84 feet;
2. North 32° 54' 19" West, 217.08 feet;
3. North 54° 04' 14" West, a distance of 45.14 feet to a point
for the westerly southwest corner of the herein
described tract, said point being the intersection of
said easterly gradient boundary of said Caney Creek and
the said easterly right-of-way line of the H.E. & W.T.
Railroad;
THENCE, along said easterly right-of-way line of the H.E. &
W.T. Railroad the following three (3) courses:
1. North 14° 06' 09" East, a distance of 2,351.55 feet to a
point of curvature to the right;
2. Along said curve to the right, concave southeast, having
a radius of 2,714.83 feet, a central angle of 13° 25'
48", a chord bearing North 21° 06' 31" East, 634.89 feet
and an arc length of 636.35 feet to the end of said
curve;
3. North 27° 49' 25" East, a distance of 1469.71 feet to the
POINT OF BEGINNING, containing a computed 381.3 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. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3546 was passed by the House on May
20, 2005, by a non-record vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3546 was passed by the Senate on May
24, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor