By: Kolkhorst S.B. No. 1365

A BILL TO BE ENTITLED

AN ACT

relating to the territory of the Harris County Municipal Utility District No. 465.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 2, Chapter 465, Acts of the 79th Legislature, Regular Session, 2005, is amended to read as follows:

Sec. 2. The Harris County Municipal Utility District No. 465 [initially] includes all the territory contained in the following area:

Being 320.794 acres of land located in the A. E. Spencer Survey, Abstract 1365, and the W. B. Macomer Survey, Abstract 1528, the L. Breeding Survey, Abstract 1468, and the C. Breeding Survey, Abstract 1467, Harris County, Texas, being a portion of that certain called 315.38 acre tract (Tract I) and the residue of that certain called 19.768 acre tract (Tract III) by an instrument of record in File Number D990282, Official Public Records of Real Property, Harris County, Texas, (H.C.O.P.R.R.P.), said 320.794 acres being more particularly described by metes and bounds as follows, all bearings based upon the west line of said 315.38 acre tract, and being north (called north);

BEGINNING on the common line of said W. B. Macomer Survey, Abstract 1528, and the H. & T.C. Railroad Company Survey Section 87, Abstract 455 of said Harris County, Texas, at its intersection with the north right-of-way line of F. M. Highway 529, said point being the southwest corner of said 315.38 acre tract;

Thence, North (called North) along the common line of said W. B. Macomer Survey and said H. & T.C. Railroad Company Survey, 5,204.14 feet to the northwest corner of the herein described tract, the northwest corner of said 315.38 acre tract, same being the northeast corner of a called 21.157 acre tract by an instrument of record in File Number P040350, H.C.O.P.R.R.P., on the south right-of-way line of Longenbaugh Road;

Thence, North 89° 59' 17" East, along the north line of the herein described tract and the north line of said 315.38 acre tract, and the south right-of-way line of said Longenbaugh Road, 2,640.00 feet to the northeast corner of the herein described tract and the northeast corner of said 315.38 acre tract, same being the northwest corner of the residue of a called 510.63 acre tract by an instrument of record in Volume 1270, Page 473, and Volume 1267, Page 163, Deed Records of said Harris County, Texas (H.C.D.R.);

Thence, South (called South) along the east line of the herein described tract and the east line of said called 315.38 acre tract, same being the west line of said adjoining residue of a called 510.63 acre tract, at 2,613.77 feet pass a point on said line at its intersection with the south line of the A. E. Spencer Survey, Abstract 1365, said point being the southwest corner of said adjoining residue of a called 510.63 acre tract, same being the northwest corner of an adjoining called 73.718 acre tract described in deed recorded under County Clerk's File Numbers L9788401, N447931, N447932, and W740505, Official Public Records of Real Property, Harris County, Texas, said point also being the northwest corner of the L. Breeding Survey, Abstract 1468, same being the northeast corner of the W. B. Macomer Survey, Abstract 1528, and continuing for a total distance of 3,844.35 feet to a reentry corner to the herein described tract, same being the southwest corner of said adjoining called 73.718 acre tract;

Thence, North 89 degrees 57 minutes 16 seconds East (adjoiner called East) along the lower north line of the herein described tract, same being the south line of said adjoining called 73.718 acre tract, 2,609.39 feet (adjoiner called 2,609.44 feet) to a northeast corner of the herein described tract, same being the southeast corner of said adjoining called 73.718 acre tract, and being in the west right-of-way line of Katy Hockley Road;

Thence, South 00 degrees 01 minute 11 seconds East (called South) along the middle east line the herein described tract and the east line of said residue of a called 19.768 acre tract, same being the west right-of-way line of Katy Hockley Road, 90.00 feet to a southeast corner of the herein described tract and the southeast corner of said called 19.768 acre tract, same being the northeast corner of an adjoining called 1.00 acre tract described in deed recorded under County Clerk's File Number T395128, Official Public Records of Real Property, Harris County, Texas, said point also being the southeast corner of the C. Breeding Survey, Abstract 1467, same being the lower northeast corner of the L. Breeding Survey, Abstract 1468;

Thence, South 89 degrees 57 minutes 16 seconds West along the south line of the C. Breeding Survey, Abstract 1467, same being the lower north line of the L. Breeding Survey, Abstract 1468, being the upper south line of the herein described tract and the south line of said called 19.768 acre tract, same being the north line of said adjoining called 1.00 acre tract, and along the north line of an adjoining called 1.9578 acre tract described in deed recorded under County Clerk's File Number T233387, Official Public Records of Real Property, Harris County, Texas, the north line of an adjoining called 13.9559 acre tract described in deed recorded under County Clerk's File Number G594514, Official Public Records of Real Property, Harris County, Texas, the north line of an adjoining called 13.955 acre tract described in deed recorded under County Clerk's File Number H415235, Official Public Records of Real Property, Harris County, Texas, the north line of an adjoining called 3.955 acre tract described in deed recorded under County Clerk's File Number G067328, Official Public Records of Real Property, Harris County, Texas, and the north line of an adjoining called 10 acre tract described in deed recorded under County Clerk's File Number D745445, Official Public Records of Real Property, Harris County, Texas, the north line of an adjoining called 10 acre tract described in deed recorded under County Clerk's File Number H755391, Official Public Records of Real Property, Harris County, Texas, the north line of an adjoining called 10 acre tract described in deed recorded under County Clerk's File Number H956910, Official Public Records of Real Property, Harris County, Texas, for a total distance of 2,610.82 feet (called 2,609.44 feet) to a reentry corner to the herein described tract, same being the occupied northwest corner of said adjoining called 10 acre tract (County Clerk's File Number H956910), said point also being in the occupied common line of the L. Breeding Survey, Abstract 1468, and the W. B. Macomer Survey, Abstract 1528;

Thence, South 00 degrees 03 minutes 48 seconds East (called South) along the occupied common line of the herein described tract and said adjoining called 10 acre tract, 1,269.78 feet to a southeast corner of said called 315.38 acre tract, same being the southwest corner of said adjoining called 10 acre tract, and being in the north right-of-way line of F. M. Highway 529;

Thence, North 89 degrees 59 minutes 17 seconds West (called West) along the lower south line of the herein described tract and the south line of said called 315.38 acre tract, same being the north right-of-way line of F. M. Highway 529, 2,640.00 feet (called 2,640 feet) to the Place of Beginning and containing 320.794 acres of land, more or less. [TRACT I: [FIELD NOTES FOR A 315.38 ACRE TRACT OF LAND, 156.84 ACRES OUT OF THE W.B. MACOMER SURVEY, ABSTRACT 1528, BEING THE SOUTHWEST ¼ OF SECTION 76, BLOCK 2 OF THE H. & T. C. R.R. COMPANY SURVEY AND 158.54 ACRES OUT OF THE A. E. SPENCER SURVEY, ABSTRACT 1365, BEING THE NORTHWEST ¼ OF SECTION 76, BLOCK 2 OF THE H. & T. C. R.R. COMPANY SURVEY, HARRIS COUNTY, TEXAS. [BEGINNING at 1-1/4 inch Iron Pipe found on the North line of F. M. Highway 529, said point being the Southeast corner and Place of Beginning of the herein described 315.38 Acre Tract, said point being located West 2639.44 feet and North 52 feet from the Southeast corner of the H. & T. C. R.R. Company Survey, Section 76; [THENCE North along the East line of the W. B. Macomer Survey being a part of the aforementioned H. & T. C. R.R. Company Survey Section 76, at 2588 feet pass a 5/8 inch Iron Rod set on said line at the Northeast corner of the aforementioned W. B. Macomer Survey, same being in the South line of the A. E. Spencer Survey, and continuing for a total distance of 5204 feet to a 1-1/4 inch Iron Pipe set on the South line of Longenbaugh Road for the Northeast corner of the herein described 315.58 Acre Tract; [THENCE West along the South line of Longenbaugh Road, 2640 feet to a 1-1/4 inch Iron Pipe set in the West line of the H. & T. C. R.R. Company Survey Section 76 for the Northwest corner of the herein described 315.38 Acre Tract; [THENCE South along the West line of said Section 76, at 2616 feet pass the Southwest corner of the A.E. Spencer Survey, being a part of the aforementioned Section 76, same being the Northwest corner of the W. B. Macomer Survey, being a part of the aforementioned Section 76, and continuing for a total distance of 3204 feet to a 1-1/4 inch Iron Pipe set in the South line of F.M. Highway 529 for the Southwest corner of the herein described 315.38 Acre Tract; [THENCE East along the South line of said F.M. Highway 529, 2640 feet to the Place of BEGINNING and containing 315.38 acres of land. [TRACT II: [FIELD NOTES FOR A 19.768 ACRE TRACT OF LAND, BEING 9.77 ACRES OUT OF THE C. BREEDING SURVEY, ABSTRACT 1467, AND 9.998 ACRES OUT OF THE L. BREEDING SURVEY, ABSTRACT 1468, AND BEING IN THE SOUTHEAST ¼ OF SECTION 76, BLOCK 2 OF THE H. & T. C. R.R. COMPANY SURVEY, HARRIS COUNTY, TEXAS. [BEGINNING at a 3/4 inch Iron Pipe found on the West line of Katy-Hockley Road at the Southeast corner and Place of Beginning of the herein described 19.768 Acre Tract said point being located North 1319.4 feet and West 30 feet from a Railroad Spike found at the Southeast corner of Section 76 as located in the intersection of F.M. Highway 529 and Katy-Hockley Road; [THENCE West along the common line of the L. Breeding Survey, Abstract 1468, and the C. Breeding Survey, Abstract 1467, at 1289.44 feet pass the Southwest corner of the C. Breeding Survey, same being a reentry corner to the L. Breeding Survey, and continuing for a total distance of 2609.44 feet to a 1-1/4 inch Iron Pipe found in the East line of the W. B. Macomer Survey for the Southwest corner of the herein described 19.768 Acre Tract; [THENCE North along the East line of said W. B. Macomer Survey, same being a West line of the L. Breeding Survey, 330 feet to a 5/8 inch Iron Rod set on said line for the Northwest corner of the herein described 19.768 Acre Tract; [THENCE East along a line establishing the North line of the herein described 19.768 Acre Tract; 2609.44 feet to a 5/8 inch Iron Rod set in the West line of Katy-Hockley Road for the Northeast corner of the herein described 19.768 Acre Tract of land; [THENCE south along the West line of said Katy-Hockley Road, 330 feet to the Place of BEGINNING and containing 19.768 acres of land.]

SECTION 2. (a) The Harris County Municipal Utility District No. 465 retains all rights, powers, privileges, authority, duties, and functions that it had before the effective date of this Act.

(b) Notwithstanding any other law, the Harris County Municipal Utility District No. 465 may continue to rely on any bond election held before the effective date of this Act.

SECTION 3. (a) Any act or proceeding of the district, including an election, not excepted by this section and taken before the effective date of this Act, is validated and confirmed in all respects.

(b) This section does not apply to:

(1) an act, proceeding, director, other official, bond, or other obligation the validity of which or of whom is the subject of litigation that is pending on the effective date of this Act; or

(2) an act or proceeding that, under a statute of this state or the United States, was a misdemeanor or felony at the time the act or proceeding occurred.

SECTION 4. (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 5. This Act takes effect September 1, 2015.