Bill Text: TX HB5317 | 2023-2024 | 88th Legislature | Comm Sub
Bill Title: Relating to the creation of the Atascosa County Municipal Utility District No. 2; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-05-12 - Laid on the table subject to call [HB5317 Detail]
Download: Texas-2023-HB5317-Comm_Sub.html
88R13043 ANG-F | ||
By: King of Uvalde | H.B. No. 5317 |
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relating to the creation of the Atascosa County Municipal Utility | ||
District No. 2; 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 7957A to read as follows: | ||
CHAPTER 7957A. ATASCOSA COUNTY MUNICIPAL UTILITY DISTRICT NO. 2 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 7957A.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 Atascosa County Municipal | ||
Utility District No. 2. | ||
Sec. 7957A.0102. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 7957A.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. 7957A.0104. CONSENT OF MUNICIPALITY REQUIRED. The | ||
temporary directors may not hold an election under Section | ||
7957A.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. | ||
Sec. 7957A.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. 7957A.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. 7957A.0201. GOVERNING BODY; TERMS. (a) The district | ||
is governed by a board of five elected directors. | ||
(b) Except as provided by Section 7957A.0202, directors | ||
serve staggered four-year terms. | ||
Sec. 7957A.0202. TEMPORARY DIRECTORS. (a) The temporary | ||
board consists of: | ||
(1) Bruce Bartlett; | ||
(2) G. Bailey Woods, Jr.; | ||
(3) Sloan Thomas; | ||
(4) Andrew B. Price; and | ||
(5) Foard Houston. | ||
(b) Temporary directors serve until the earlier of: | ||
(1) the date permanent directors are elected under | ||
Section 7957A.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 7957A.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 7957A.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. 7957A.0301. GENERAL POWERS AND DUTIES. The district | ||
has the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 7957A.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. 7957A.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. 7957A.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. 7957A.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. 7957A.0306. DIVISION OF DISTRICT. (a) The district | ||
may be divided into two or more new districts only if the district: | ||
(1) has no outstanding bonded debt; and | ||
(2) is not imposing ad valorem taxes. | ||
(b) This chapter applies to any new district created by the | ||
division of the district, and a new district has all the powers and | ||
duties of the district. | ||
(c) 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. | ||
(d) 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. | ||
(e) The board may adopt an order dividing the district | ||
before or after the date the board holds an election under Section | ||
7957A.0103 to confirm the district's creation. | ||
(f) An order dividing the district must: | ||
(1) name each new district; | ||
(2) include the metes and bounds description of the | ||
territory of each new district; | ||
(3) appoint temporary directors for each new district; | ||
and | ||
(4) provide for the division of assets and liabilities | ||
between or among the new districts. | ||
(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) Any new district created by the division of the district | ||
shall hold a confirmation and directors' election as required by | ||
Section 7957A.0103. | ||
(i) If the creation of the new district is confirmed, the | ||
new district shall provide the election date and results to the | ||
commission. | ||
(j) Any 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. | ||
(k) Municipal consent to the creation of the district and to | ||
the inclusion of land in the district granted under Section | ||
7957A.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. | ||
Sec. 7957A.0307. STRATEGIC PARTNERSHIP AGREEMENT. The | ||
district may negotiate and enter into a written strategic | ||
partnership agreement with a municipality under Section 43.0751, | ||
Local Government Code. | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 7957A.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 | ||
7957A.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. 7957A.0402. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 7957A.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. 7957A.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. 7957A.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. 7957A.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. 7957A.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 Atascosa County Municipal Utility District | ||
No. 2 initially includes all the territory contained in the | ||
following area: | ||
Being a boundary survey of 0.616 acre, more or less, of land | ||
lying in Atascosa County, Texas, being out of and a part of E.S. | ||
Harper Survey 1202, Abstract No. 366, Atascosa County, Texas. Said | ||
0.616 acre being bounded on the northwest by the fenced | ||
southeasterly margin of F.M. 1470 (Leming Drive); on the northeast | ||
by 11.25 acres, James P. Shone, et ux., Book 857, Page 700 of the | ||
Atascosa County Deed Records; and on the southeast by 4.52 acres | ||
simultaneously surveyed this same day. Said 0.616 acre being more | ||
particularly described by metes and bounds as follows: (The | ||
courses, distances, areas and any coordinates cited herein or shown | ||
on the corresponding survey plat conform to the Texas Coordinate | ||
System, North American Datum 1983, Texas South Central Zone.) (All | ||
corners called for as being set are marked on the ground with 1/2" | ||
diameter rebar with plastic identification caps stamped | ||
"RPLS/6418" attached unless otherwise noted or shown.) | ||
BEGINNING at a found broken TxDOT Type I right-of-way | ||
monument at the intersection of F.M. 1470 and an unnamed county | ||
road, marking a deflection point of the herein described tract; | ||
THENCE: N 26° 16' 04" E, with the southwesterly margin of F.M. | ||
1470 and the herein described tract for a distance of 25.94 feet to | ||
a 3" diameter pipe 3-way fence corner post at a point on the | ||
ostensible common survey line of said Survey 1202 and I. Wautz | ||
Survey 1176, Abstract No. 895, marking a deflection point of said | ||
11.25 acres, and marking the north corner of the herein described | ||
tract, from which a found TxDOT Type I right-of-way monument bears N | ||
15° 48' 34" E at a distance of 24.43 feet; | ||
THENCE: S 35° 21' 31" E, generally with the fence, with the | ||
ostensible common survey line of said Survey 1202 and said Survey | ||
1176, and with the common boundary line of said 11.25 acres and the | ||
herein described tract for a distance of 1154.04 feet to a 3" | ||
diameter pipe fence angle post marking a deflection point of said | ||
11.25 acres, marking the west corner of said 4.52 acres, and marking | ||
a deflection point of the herein described tract; | ||
THENCE: S 56° 44' 15" E, with the common boundary line of said | ||
4.52 acres and the herein described tract for a distance of 50.89 | ||
feet to an unmarked corner marking a deflection point of said 4.52 | ||
acres, and marking the east corner of the herein described tract; | ||
THENCE: With the southwesterly margin of said unnamed county | ||
road and the herein described tract for the following two (2) calls: | ||
1.) N 79° 52' 38" W, for a distance of 59.02 feet to an | ||
unmarked corner marking a deflection point of the herein described | ||
tract; | ||
2.) N 35° 21' 31" W, for a distance of 1147.02 feet to | ||
the Place of Beginning and containing 0.616 acre, more or less, of | ||
land within the herein described boundary according to an actual on | ||
the ground survey made by Smyth Surveyors, Inc. and completed on | ||
November 30, 2022. | ||
Being a boundary survey of 101.73 acres, more or less, of land | ||
lying in Atascosa County, Texas, being out of and a part of N. Mcada | ||
Survey 1198, Abstract No. 566, and also being out of and a part of | ||
that same certain tract called Tract II (328.52 acres) as described | ||
in conveyance document to The J W Gorman Family Partnership, Ltd., | ||
recorded in Document Number 137428 of the Atascosa County Official | ||
Public Records, Atascosa County, Texas. Said 101.73 acres being | ||
bounded on the southeast by the fenced northwesterly margin of Red | ||
Barn Road; on the northeast and northwest by 404.48 acres | ||
simultaneously surveyed this same day; and on the southwest by a 40' | ||
unnamed county road (unimproved). Said 101.73 acres being more | ||
particularly described by metes and bounds as follows: (The | ||
courses, distances, areas and any coordinates cited herein or shown | ||
on the corresponding survey plat conform to the Texas Coordinate | ||
System, North American Datum 1983, Texas South Central Zone.) (All | ||
corners called for as being set are marked on the ground with 1/2" | ||
diameter rebar with plastic identification caps stamped | ||
"RPLS/6418" attached unless otherwise noted or shown.) | ||
BEGINNING at an unmarked corner at a point on the fenced | ||
northwesterly margin of Red Barn Road, at a point on a southeasterly | ||
line of said Tract II, marking an exterior corner of said 404.48 | ||
acres, and marking the east corner of the herein described tract, | ||
from which a 4.5" diameter pipe fence angle post marking a | ||
deflection point of said 404.48 acres bears N 18° 36' 23" E at a | ||
distance of 1644.49 feet; | ||
THENCE: Crossing into and across Tract II, and generally with | ||
the fence for the following thirteen (13) calls: | ||
1.) N 72° 35' 23" W, for a distance of 464.92 feet to a | ||
leaning 7" diameter cedar fence angle post marking a deflection | ||
point of the herein described tract; | ||
2.) N 24° 16' 53" W, for a distance of 222.53 feet to a 4.5" | ||
diameter pipe 2-way fence corner post marking an interior corner of | ||
the herein described tract; | ||
3.) S 66° 54' 13" W, for a distance of 904.65 feet to a 3" | ||
diameter pipe 2-way fence corner post marking a deflection point of | ||
the herein described tract; | ||
4.) N 67° 10' 57" W, for a distance of 20.12 feet to a 3" | ||
diameter pipe 3-way fence corner post marking a deflection point of | ||
the herein described tract; | ||
5.) S 24° 00' 54" W, for a distance of 183.78 feet to a t- | ||
post fence angle post marking a deflection point of the herein | ||
described tract; | ||
6.) S 24° 12' 38" W, for a distance of 641.60 feet to a 3" | ||
diameter pipe fence angle post marking a deflection point of the | ||
herein described tract; | ||
7.) S 54° 15' 53" W, for a distance of 625.15 feet to a 3" | ||
diameter pipe 2-way fence corner post marking a deflection point of | ||
the herein described tract; | ||
8.) S 02° 26' 22" E, for a distance of 20.35 feet to a 3" | ||
diameter pipe fence angle post marking a deflection point of the | ||
herein described tract; | ||
9.) S 18° 20' 46" W, for a distance of 1138.27 feet to a 4.5" | ||
diameter pipe 2-way fence corner post at a point on the ostensible | ||
common survey line of said Survey 1198 and said Survey 1199, at a | ||
point in the northeasterly margin of an unnamed county road, and | ||
marking an interior corner of the herein described tract; | ||
10.) S 70° 45' 38" E, with the ostensible common survey line | ||
of said Survey 1198 and said Survey 1199, and with the northeasterly | ||
margin of an unnamed county road for a distance of 563.24 feet to a | ||
5" diameter cedar fence angle post marking a deflection point of the | ||
herein described tract; | ||
11.) S 70° 57' 07" E, with the ostensible common survey line | ||
of said Survey 1198 and said Survey 1199, and with the northeasterly | ||
margin of an unnamed county road for a distance of 593.07 feet to a | ||
t-post fence angle post marking a deflection point of the herein | ||
described tract; | ||
12.) S 70° 48' 28" E, with the ostensible common survey line | ||
of said Survey 1198 and said Survey 1199, and with the northeasterly | ||
margin of an unnamed county road for a distance of 498.03 feet to a | ||
2.5" diameter pipe fence angle post marking a deflection point of | ||
the herein described tract; | ||
13.) S 71° 01' 04" E, with the ostensible common survey line | ||
of said Survey 1198 and said Survey 1199, and with the northeasterly | ||
margin of an unnamed county road for a distance of 62.86 feet to a | ||
4.5" diameter pipe fence angle post at the intersection of Red Barn | ||
Road and an unnamed county road, and marking a deflection point of | ||
the herein described tract; | ||
THENCE: Generally with the fenced margin of Red Barn Road and | ||
the herein described tract for the following two (2) calls: | ||
1.) N 64° 53' 53" E, for a distance of 36.73 feet to a 4.5" | ||
diameter pipe fence angle post marking a deflection point of the | ||
herein described tract; | ||
2.) N 18° 36' 23" E, for a distance of 2924.62 feet to the | ||
Place of Beginning and containing 101.73 acres, more or less, of | ||
land within the herein described boundary, according to an actual | ||
on the ground survey made by Smyth Surveyors, Inc. and completed on | ||
October 19, 2022. | ||
Being a boundary survey of 404.48 acres, more or less, of land | ||
lying in Atascosa County, Texas, being out of and parts of N. Mcada | ||
Survey 1198, Abstract No. 566, I. Wautz Survey 1175, Abstract | ||
No. 896, M. Moritz Survey 1292, Abstract No. 586, G. Hectorne | ||
Survey 1199, Abstract No. 370, and W. Morrow Survey 1200, Abstract | ||
No. 589, being out of and a part of John T. Horton Ranch, recorded | ||
in Slide 25-A of the Atascosa County New Plat Cabinet, and also | ||
being comprised of a composite of those same certain tracts called | ||
Tract II (328.52 acres), Tract IV (remainder of 184.3 acres), and | ||
Tract V (101.87 acres) as described in conveyance document to The J | ||
W Gorman Family Partnership, Ltd., recorded in Document Number | ||
137428 of the Atascosa County Official Public Records, Atascosa | ||
County, Texas. Said 404.48 acres being bounded on the northwest by | ||
the following: 1.) fenced southeasterly margin of F.M. 1470 (Leming | ||
Drive), 2.) 26.73 acres, Maurilio Gonzales, Jr., PID: 16584 of the | ||
Atascosa County Appraisal District, 3.) 81.60 acres, James P. | ||
Shone, et ux., Book 707, Page 93 of the Atascosa County Deed | ||
Records, and 4.) 11.25 acres, James P. Shone, et ux., Book 857, Page | ||
700 of the Atascosa County Deed Records; on the southeast by the | ||
fenced northwesterly margin of Red Barn Road; and on the southwest | ||
by the following: 1.) 100 acres, Carolyn Daniel, Document Number | ||
143664 of the Atascosa County Official Public Records, and 2.) | ||
311.94 acres simultaneously surveyed this same day. Said 404.48 | ||
acres being more particularly described by metes and bounds as | ||
follows: (The courses, distances, areas and any coordinates cited | ||
herein or shown on the corresponding survey plat conform to the | ||
Texas Coordinate System, North American Datum 1983, Texas South | ||
Central Zone.) (All corners called for as being set are marked on | ||
the ground with 1/2" diameter rebar with plastic identification | ||
caps stamped "RPLS/6418" attached unless otherwise noted or shown.) | ||
BEGINNING at a found TxDOT Type II right-of-way monument at a | ||
point on the southeasterly margin of F.M. 1470, and marking the | ||
north corner of the herein described tract; | ||
THENCE: S 46° 38' 59" E, generally with the fence, and with the | ||
southeasterly margin of F.M. 1470 and the herein described tract | ||
for a distance of 60.45 feet to a found TxDOT Type II right- of-way | ||
monument at the intersection of F.M. 1470 and Red Barn Road, and | ||
marking an exterior corner of the herein described tract; | ||
THENCE: Generally with the fenced margin of Red Barn Road and | ||
the herein described tract for the following four (4) calls: | ||
1.) S 18° 25' 10" W, passing the ostensible common survey | ||
line of said Survey 1175 and said Survey 1292 for a distance of | ||
939.25 feet to a 4.5" diameter pipe fence angle post marking a | ||
deflection point of the herein described tract; | ||
2.) S 19° 27' 20" E, passing the ostensible common survey | ||
line of said Survey 1175 and said Survey 1198, continuing on the | ||
same course for a distance of 194.92 feet to a 4.5" diameter pipe | ||
fence angle post marking a deflection point of the herein described | ||
tract; | ||
3.) S 18° 36' 23" W, for a distance of 1644.49 feet to an | ||
unmarked corner marking an exterior corner of the herein described | ||
tract; | ||
THENCE: Crossing into and across Tract II, and generally with | ||
the fence for the following thirteen (13) calls: | ||
14.) N 72° 35' 23" W, for a distance of 464.92 feet to a | ||
leaning 7" diameter cedar fence angle post marking a deflection | ||
point of the herein described tract; | ||
15.) N 24° 16' 53" W, for a distance of 222.53 feet to a 4.5" | ||
diameter pipe 2-way fence corner post marking an interior corner of | ||
the herein described tract; | ||
16.) S 66° 54' 13" W, for a distance of 904.65 feet to a 3" | ||
diameter pipe 2-way fence corner post marking a deflection point of | ||
the herein described tract; | ||
17.) N 67° 10' 57" W, for a distance of 20.12 feet to a 3" | ||
diameter pipe 3-way fence corner post marking a deflection point of | ||
the herein described tract; | ||
18.) S 24° 00' 54" W, for a distance of 183.78 feet to a t- | ||
post fence angle post marking a deflection point of the herein | ||
described tract; | ||
19.) S 24° 12' 38" W, for a distance of 641.60 feet to a 3" | ||
diameter pipe fence angle post marking a deflection point of the | ||
herein described tract; | ||
20.) S 54° 15' 53" W, for a distance of 625.15 feet to a 3" | ||
diameter pipe 2-way fence corner post marking a deflection point of | ||
the herein described tract; | ||
21.) S 02° 26' 22" E, for a distance of 20.35 feet to a 3" | ||
diameter pipe fence angle post marking a deflection point of the | ||
herein described tract; | ||
22.) S 18° 20' 46" W, for a distance of 1138.27 feet to a 4.5" | ||
diameter pipe 2-way fence corner post at a point on the ostensible | ||
common survey line of said Survey 1198 and said Survey 1199, at a | ||
point in the northeasterly margin of an unnamed county road, and | ||
marking an interior corner of the herein described tract; | ||
23.) S 70° 45' 38" E, with the ostensible common survey line | ||
of said Survey 1198 and said Survey 1199, and with the northeasterly | ||
margin of an unnamed county road for a distance of 563.24 feet to a | ||
5" diameter cedar fence angle post marking a deflection point of the | ||
herein described tract; | ||
24.) S 70° 57' 07" E, with the ostensible common survey line | ||
of said Survey 1198 and said Survey 1199, and with the northeasterly | ||
margin of an unnamed county road for a distance of 593.07 feet to a | ||
t-post fence angle post marking a deflection point of the herein | ||
described tract; | ||
25.) S 70° 48' 28" E, with the ostensible common survey line | ||
of said Survey 1198 and said Survey 1199, and with the northeasterly | ||
margin of an unnamed county road for a distance of 498.03 feet to a | ||
2.5" diameter pipe fence angle post marking a deflection point of | ||
the herein described tract; | ||
26.) S 71° 01' 04" E, with the ostensible common survey line | ||
of said Survey 1198 and said Survey 1199, and with the northeasterly | ||
margin of an unnamed county road for a distance of 62.86 feet to a | ||
4.5" diameter pipe fence angle post at the intersection of Red Barn | ||
Road and an unnamed county road, and marking a deflection point of | ||
the herein described tract; | ||
THENCE: Generally with the fenced margin of Red Barn Road and | ||
the herein described tract for the following three (3) calls: | ||
3.) S 10° 11' 13" W, with the southeasterly margin of said | ||
unnamed county road and the herein described tract for a distance of | ||
40.83 feet to a 4.5" diameter pipe fence angle post at the | ||
intersection of Red Barn Road and an unnamed county road, and | ||
marking a deflection point of the herein described tract; | ||
4.) S 18° 05' 52" E, for a distance of 63.42 feet to a 4.5" | ||
diameter pipe fence angle post marking a deflection point of the | ||
herein described tract; | ||
5.) S 19° 15' 01" W, passing the ostensible common survey | ||
line of said Survey 1199 and said Survey 1200, continuing on the | ||
same course for a distance of 2557.83 feet to a leaning 9" diameter | ||
creosote fence angle post marking the east corner of said 100 acres, | ||
and marking the south corner of the herein described tract; | ||
THENCE: Generally with the fence, and with the common | ||
boundary lines of said 100 acres and the herein described tract for | ||
the following four (4) calls: | ||
1.) N 70° 50' 51" W, for a distance of 951.03 feet to a 4.5" | ||
diameter pipe 3-way fence corner post marking an interior corner of | ||
said 100 acres, and marking an exterior corner of the herein | ||
described tract; | ||
2.) N 19° 24' 09" E, for a distance of 331.50 feet to an | ||
unmarked corner marking an exterior corner of said 100 acres, and | ||
marking an interior corner of the herein described tract; | ||
3.) N 43° 41' 40" W, at 52.90 feet passing a 3" diameter pipe | ||
3-way fence corner post, continuing on the same course for a total | ||
distance of 635.25 feet to a 3" diameter pipe fence angle post | ||
marking a deflection point of said 100 acres, and marking a | ||
deflection point of the herein described tract; | ||
4.) N 53° 40' 55" W, for a distance of 154.71 feet to a 3" | ||
diameter pipe 2-way fence corner post marking the north corner of | ||
said 100 acres, marking the east corner of said 311.94 acres, and | ||
marking a deflection point of the herein described tract; | ||
THENCE: N 56° 44' 15" W, crossing into and across said Tract V | ||
and said Tract IV, and with the common boundary line of said 311.94 | ||
acres, crossing the ostensible common survey line of said Survey | ||
1199 and said Survey 1200, continuing on the same course, crossing | ||
the ostensible common survey line of said Survey 1176 and said | ||
Survey 1199, continuing on the same course for a distance of 2768.17 | ||
feet to a 3" diameter pipe fence angle post marking a deflection | ||
point of said 11.25 acres, marking a deflection point of said 311.94 | ||
acres, and marking the west corner of the herein described tract; | ||
THENCE: Generally with the fence, and with the common | ||
boundary lines of said 11.25 acres and the herein described tract | ||
for the following two (2) calls: | ||
1.) S 79° 52' 38" E, for a distance of 79.02 feet to a 3" | ||
diameter pipe fence angle post, marking the south corner of said | ||
11.25 acres, and marking an interior corner of the herein described | ||
tract; | ||
2.) N 53° 53' 08" E, for a distance of 296.62 feet to a found | ||
leaning 1/2" diameter rebar marking the common corner of said 11.25 | ||
acres and said 81.60 acres, and marking a deflection point of the | ||
herein described tract; | ||
THENCE: Generally with the fence, and with the common | ||
boundary line of said 81.60 acres and the herein described tract for | ||
the following four (4) calls: | ||
1.) N 53° 51' 54" E, for a distance of 1255.14 feet to a 4.5" | ||
diameter pipe 3-way fence corner post at a point on the ostensible | ||
common survey line of said Survey 1198 and said Survey 1199, marking | ||
an exterior corner of said 81.60 acres, and marking an interior | ||
corner of the herein described tract; | ||
2.) N 70° 48' 28" W, with the ostensible common survey line | ||
of said Survey 1198 and said Survey 1199 for a distance of 12.11 | ||
feet to a 4.5" diameter pipe 2-way fence corner post marking the | ||
ostensible common survey corner of said Survey 1198 and said Survey | ||
1199, at a point on the ostensible southeasterly survey line of said | ||
Survey 1176, marking an interior corner of said 81.60 acres, and | ||
marking an exterior corner of the herein described tract; | ||
3.) N 55° 07' 54" E, with the ostensible common survey line | ||
of said Survey 1176 and said Survey 1198 for a distance of 625.25 | ||
feet to a 3" diameter pipe 2-way fence corner post marking the | ||
ostensible common survey corner of said Survey 1176 and said Survey | ||
1175, marking an exterior corner of said 81.60 acres, and marking an | ||
interior corner of the herein described tract; | ||
4.) N 35° 15' 11" W, with the ostensible common survey line | ||
of said Survey 1175 and said Survey 1176 for a distance of 532.31 | ||
feet to a 3" diameter pipe 3-way fence corner post marking the south | ||
corner of said 26.73 acres, and marking an interior corner of the | ||
herein described tract; | ||
THENCE: Generally with the fence, and with the common | ||
boundary line of said 26.73 acres and the herein described tract for | ||
the following two (2) calls: | ||
1.) N 54° 27' 18" E, for a distance of 564.53 feet to a 3" | ||
diameter pipe 3-way fence corner post marking the east corner of | ||
said 26.73 acres, and marking an interior corner of the herein | ||
described tract; | ||
2.) N 07° 14' 52" W, at 1318.99 feet passing a 4.5" diameter | ||
pipe 3-way fence corner post, continuing on the same course for a | ||
total distance of 1320.13 feet to an unmarked corner at a point on | ||
the southeasterly margin of F.M. 1470, marking the north corner of | ||
said 26.73 acres, and marking an exterior corner of the herein | ||
described tract; | ||
THENCE: N 65° 54' 29" E, with the fenced southeasterly margin | ||
of F.M. 1470 and the herein described tract, at 251.24 feet passing | ||
a found TxDOT Type II right-of-way monument, continuing on the same | ||
course, at 2250.89 feet passing a found TxDOT Type II right- of-way | ||
monument, continuing on the same course, at 3750.75 feet passing a | ||
found TxDOT Type II right-of-way monument, continuing on the same | ||
course for a total distance of 4773.87 feet to the Place of | ||
Beginning and containing 404.48 acres, more or less, of land within | ||
the herein described boundary, of which approximately 4.52 acres | ||
lie within an unnamed county road (40' R.O.W.), of which | ||
approximately 2.17 acres lie within Old Pleasanton & Benton Road | ||
(60' R.O.W., platted, and unimproved), and of which approximately | ||
4.59 acres lie within enclosure fence (record title unknown), | ||
according to an actual on the ground survey made by Smyth Surveyors, | ||
Inc. and completed on September 28, 2022. | ||
Being a boundary survey of 4.52 acres, more or less, of land | ||
lying in Atascosa County, Texas, and being out of and a part of G. | ||
Hectorne Survey 1199, Abstract No. 370, Atascosa County, Texas. | ||
Said 4.52 acres being bounded on the northeast by Tract II (328.52 | ||
acres), The J W Gorman Family Partnership, Ltd., Document Number | ||
137428 of the Atascosa County Official Public Records; on the | ||
northwest by the following: 1.) 81.60 acres, James P. Shone, et ux., | ||
Book 707, Page 93 of the Atascosa County Deed Records, and 2.) 11.25 | ||
acres, James P. Shone, et ux., Book 857, Page 700 of the Atascosa | ||
County Deed Records; on the southwest by 0.616 acre simultaneously | ||
surveyed this same day; on the south by Tract IV (184.3 acres) The J | ||
W Gorman Family Partnership, Ltd., Document Number 137428 of the | ||
Atascosa County Official Public Records; and on the southeast by | ||
the fenced northwesterly margin of Red Barn Road. Said 4.52 acres | ||
being more particularly described by metes and bounds as follows: | ||
(The courses, distances, areas and any coordinates cited herein or | ||
shown on the corresponding survey plat conform to the Texas | ||
Coordinate System, North American Datum 1983, Texas South Central | ||
Zone.) (All corners called for as being set are marked on the ground | ||
with 1/2" diameter rebar with plastic identification caps stamped | ||
"RPLS/6418" attached unless otherwise noted or shown.) | ||
BEGINNING at a 4.5" diameter pipe fence angle post at a point | ||
on the ostensible common survey line of said Survey 1199 and N. | ||
Mcada Survey 1198, Abstract No. 566, at the intersection of Red | ||
Barn Road and an unnamed county road, and marking an exterior corner | ||
of the herein described tract; | ||
THENCE: S 10° 11' 13" W, with the southeasterly margin of said | ||
unnamed county road and the herein described tract for a distance of | ||
40.83 feet to a 4.5" diameter pipe fence angle post at the | ||
intersection of Red Barn Road and an unnamed county road, and | ||
marking an exterior corner of the herein described tract; | ||
THENCE: With the southerly margin of said unnamed county road | ||
and said 184.3 acres for the following five (5) calls: | ||
1.) N 70° 52' 16" W, for a distance of 1715.73 feet to an | ||
unmarked corner marking a deflection point of the herein described | ||
tract; | ||
2.) N 71° 28' 14" W, for a distance of 1614.73 feet to an | ||
unmarked corner marking an interior corner of the herein described | ||
tract; | ||
3.) S 53° 51' 54" W, for a distance of 1234.46 feet to an | ||
unmarked corner marking a deflection point of the herein described | ||
tract; | ||
4.) S 53° 53' 08" W, for a distance of 286.02 feet to an | ||
unmarked corner marking an exterior corner of the herein described | ||
tract; | ||
5.) N 79° 52' 38" W, for a distance of 68.45 feet to an | ||
unmarked corner marking the east corner of said 0.616 acre, and | ||
marking a deflection point of the herein described tract; | ||
THENCE: N 56° 44' 15" W, with the common boundary line of said | ||
0.616 acre and the herein described tract for a distance of 50.89 | ||
feet to a 3" diameter pipe fence angle post marking a deflection | ||
point of said 11.25 acres, marking a deflection point of said 0.616 | ||
acre, and marking the west corner of the herein described tract; | ||
THENCE: Generally with the fence, and with the common | ||
boundary lines of said 11.25 acres and the herein described tract | ||
for the following two (2) calls: | ||
3.) S 79° 52' 38" E, for a distance of 79.02 feet to a 3" | ||
diameter pipe fence angle post, marking the south corner of said | ||
11.25 acres, and marking an interior corner of the herein described | ||
tract; | ||
4.) N 53° 53' 08" E, for a distance of 296.62 feet to a found | ||
leaning 1/2" diameter rebar marking the common corner of said 11.25 | ||
acres and said 81.60 acres, and marking a deflection point of the | ||
herein described tract; | ||
THENCE: N 53° 51' 54" E, generally with the fence, and with the | ||
common boundary line of said 81.60 acres and the herein described | ||
tract for a distance of 1255.14 feet to a 4.5" diameter pipe 3-way | ||
fence corner post at a point on the ostensible common survey line of | ||
said Survey 1198 and said Survey 1199, marking an exterior corner of | ||
said 81.60 acres, at a point on a southwesterly line of said 328.52 | ||
acres, and marking the north corner of the herein described tract; | ||
THENCE: With the ostensible common survey line of said Survey | ||
1198 and said Survey 1199, and with the common boundary lines of | ||
said 328.52 acres and the herein described tract for the following | ||
two (2) calls: | ||
3.) S 71° 28' 14" E, for a distance of 1635.61 feet to an | ||
unmarked corner marking a deflection point of the herein described | ||
tract; | ||
4.) S 70° 52' 56" E for a distance of 1709.60 feet to the | ||
Place of Beginning and containing 4.52 acres, more or less, of land | ||
within the herein described boundary according to an actual on the | ||
ground survey made by Smyth Surveyors, Inc. and completed on | ||
November 30, 2022. | ||
Being a boundary survey of 311.94 acres, more or less, of land | ||
lying in Atascosa County, Texas, being out of and parts of G. | ||
Hectorne Survey 1199, Abstract No. 370, W. Morrow Survey 1200, | ||
Abstract No. 589, C. Horton Survey 1201, Abstract No. 380, and E.S. | ||
Harper Survey 1202, Abstract No. 366, being out of and a part of | ||
John T. Horton Ranch, recorded in Slide 25-A of the Atascosa County | ||
New Plat Cabinet, and also being comprised of a composite of those | ||
same certain tracts called Tract III (146.374 acres), Tract IV | ||
(remainder of 184.3 acres), Tract V (101.87 acres), and Tract VI | ||
(57.46 acres) as described in conveyance document to The J W Gorman | ||
Family Partnership, Ltd., recorded in Document Number 137428 of the | ||
Atascosa County Official Public Records, Atascosa County, Texas. | ||
Said 311.94 acres being bounded on the northwest by the fenced | ||
southeasterly margin of F.M. 1470 (Leming Drive); on the northeast | ||
by 11.25 acres, James P. Shone, et ux., Book 857, Page 700 of the | ||
Atascosa County Deed Records; on the southeast by 100 acres, | ||
Carolyn Daniel, Document Number 143664 of the Atascosa County | ||
Official Public Records; and on the southwest by the fenced | ||
northeasterly margin of Strawberry City Road. Said 311.94 acres | ||
being more particularly described by metes and bounds as follows: | ||
(The courses, distances, areas and any coordinates cited herein or | ||
shown on the corresponding survey plat conform to the Texas | ||
Coordinate System, North American Datum 1983, Texas South Central | ||
Zone.) (All corners called for as being set are marked on the ground | ||
with 1/2" diameter rebar with plastic identification caps stamped | ||
"RPLS/6418" attached unless otherwise noted or shown.) | ||
BEGINNING at a 3" diameter pipe 2-way fence corner post | ||
marking the north corner of said 100 acres, and marking the east | ||
corner of the herein described tract; | ||
THENCE: S 18° 52' 45" W, generally with the fence, passing the | ||
ostensible common survey line of said Survey 1200 and said Survey | ||
1201, continuing on the same course for a distance of 3122.32 feet | ||
to a 3" diameter pipe 3-way fence corner post marking the west | ||
corner of said 100 acres, and marking the south corner of the herein | ||
described tract; | ||
THENCE: Generally with the fenced northeasterly margin of | ||
Strawberry City Road and the herein described tract for the | ||
following three (3) calls: | ||
1.) N 71° 46' 34" W, for a distance of 1069.95 feet to a 3" | ||
diameter pipe fence angle post marking a deflection point of the | ||
herein described tract; | ||
2.) N 71° 35' 54" W, for a distance of 405.81 feet to a 3" | ||
diameter pipe fence angle post marking a deflection point of the | ||
herein described tract; | ||
3.) N 70° 56' 03" W, for a distance of 2171.57 feet to a found | ||
leaning TxDOT Type I right-of-way monument at the intersection of | ||
Strawberry City Road and F.M. 1470, and marking a deflection point | ||
of the herein described tract; | ||
THENCE: Generally with the fenced southeasterly margin of | ||
F.M. 1470 and the herein described tract for the following four (4) | ||
calls: | ||
1.) N 26° 01' 40" W, for a distance of 106.32 feet to a found | ||
TxDOT Type II right-of-way monument at a point on the ostensible | ||
common survey line of said Survey 1200 and said Survey 1201, and | ||
marking the west corner of the herein described tract; | ||
2.) N 19° 25' 08" E, with the ostensible common survey line | ||
of said Survey 1200 and said Survey 1201, passing the ostensible | ||
common survey corner of said Survey 1200 and said Survey 1201, | ||
continuing on the same course, at 2898.84 feet passing a found TxDOT | ||
Type II right-of-way monument, continuing on the same course, | ||
passing the ostensible common survey line of said Survey 1200 and | ||
said Survey 1202, continuing on the same course for a total distance | ||
of 4363.12 feet to a found TxDOT Type II right-of-way monument | ||
marking a deflection point of the herein described tract; | ||
3.) N 83° 05' 12" E, for a distance of 66.64 feet to a found | ||
broken TxDOT Type I right-of-way monument marking a deflection | ||
point of the herein described tract; | ||
4.) N 26° 16' 04" E, for a distance of 25.94 feet to a 3" | ||
diameter pipe 3-way fence corner post at a point on the ostensible | ||
common survey line of said Survey 1202 and I. Wautz Survey 1176, | ||
Abstract No. 895, marking a deflection point of said 11.25 acres, | ||
and marking the north corner of the herein described tract; | ||
THENCE: S 35° 21' 31" E, generally with the fence, with the | ||
ostensible common survey line of said Survey 1202 and said Survey | ||
1176, and with the common boundary lines of said 11.25 acres and the | ||
herein described tract for a distance of 1154.04 feet to a 3" | ||
diameter pipe fence angle post marking a deflection point of said | ||
11.25 acres, and marking a deflection point of the herein described | ||
tract; | ||
THENCE: S 56° 44' 15" E, crossing into and across said Tract IV | ||
and said Tract V, crossing the ostensible common survey line of said | ||
Survey 1176 and said Survey 1199, continuing on the same course, | ||
crossing the ostensible common survey line of said Survey 1199 and | ||
said Survey 1200, continuing on the same course for a distance of | ||
2768.17 feet to the Place of Beginning and containing 311.94 acres, | ||
more or less, of land within the herein described boundary, of which | ||
approximately 0.61 acre lie within an unnamed county road (40' | ||
R.O.W.), and of which approximately 2.76 acres lie within Old | ||
Pleasanton & Benton Road (60' R.O.W., platted, and unimproved), | ||
according to an actual on the ground survey made by Smyth Surveyors, | ||
Inc. and completed on September 20, 2022. | ||
Being a boundary survey of 399.52 acres, more or less, of land | ||
lying in Atascosa County, Texas, being out of and parts of S. | ||
Arreola Survey 1120, Abstract No. 37, S. Arreola Survey 1119, | ||
Abstract No. 36, I. Wautz Survey 1175, Abstract No. 896, and M. | ||
Moritz Survey 1292, Abstract No. 586, and also being that same | ||
certain tract called Tract I (400.01 acres) as described in | ||
conveyance document to The J W Gorman Family Partnership, Ltd., | ||
recorded in Document Number 137428 of the Atascosa County Official | ||
Public Records, Atascosa County, Texas. Said 399.52 acres being | ||
bounded on the southeast by the fenced northwesterly margin of F.M. | ||
1470 (Leming Drive); on the west by 48.24 acres, Maurilio and Diane | ||
Gonzales, Document Number 152961 of the Atascosa County Official | ||
Public Records; on the northwest by the following: 1.) 101.21 | ||
acres, Maurilio and Diane Gonzales, Jr., Document Number 152953 of | ||
the Atascosa County Official Public Records, 2.) 94.42 acres, | ||
Maurilio and Diane Gonzales, Document Number 152956 of the Atascosa | ||
County Official Public Records, and 3.) 100.00 acres, David L. | ||
Domsch, Volume 173, Page 690 of the Atascosa Official Public | ||
Records; and on the northeast by the fenced margin of Red Barn Road. | ||
Said 399.52 acres being more particularly described by metes and | ||
bounds as follows: (The courses, distances, areas and any | ||
coordinates cited herein or shown on the corresponding survey plat | ||
conform to the Texas Coordinate System, North American Datum 1983, | ||
Texas South Central Zone.) (All corners called for as being set are | ||
marked on the ground with 1/2" diameter rebar with plastic | ||
identification caps stamped "RPLS/6418" attached unless otherwise | ||
noted or shown.) | ||
BEGINNING at an unmarked corner at a point on the | ||
northwesterly margin of F.M. 1470, marking the southeast corner of | ||
said 48.24 acres, and marking the south corner of the herein | ||
described tract, from which a found TxDOT Type I right-of-way | ||
monument bears S 65° 54' 36" W at a distance of 1453.64 feet; | ||
THENCE: N 07° 18' 28" W, with the common boundary line of said | ||
48.24 acres and the herein described tract, at 0.35 feet passing a | ||
4.5" diameter pipe 3-way fence corner post, continuing on the same | ||
course and now generally with the fence for a total distance of | ||
1240.29 feet to a 3" diameter pipe 3-way fence corner post at a | ||
point on the ostensible common survey line of said Survey 1175 and | ||
S. Arreola Survey 1119, Abstract No. 36, marking a deflection point | ||
of said 48.24 acres, marking the south corner of said 101.21 acres, | ||
and marking an exterior corner of the herein described tract; | ||
THENCE: N 54° 01' 39" E, generally with the fence, with the | ||
ostensible common survey line of said Survey 1175 and said Survey | ||
1119, and with the common boundary line of said 101.21 acres and the | ||
herein described tract, passing the common corner of said 101.21 | ||
acres and said 94.42 acres, continuing on the same course and now | ||
with the common boundary line of said 94.42 acres and the herein | ||
described tract for a distance of 2591.83 feet to a 11" diameter | ||
creosote 2-way fence corner post marking the ostensible common | ||
survey corner of said Survey 1175 and said Survey 1119, at a point | ||
on the ostensible southwesterly survey line of said Survey 1120, | ||
marking the east corner of said 94.42 acres, and marking an interior | ||
corner of the herein described tract; | ||
THENCE: N 36° 08' 32" W, generally with the diverging fence, | ||
with the ostensible common survey line of said Survey 1119 and said | ||
Survey 1120, and with the common boundary line of said 94.42 acres | ||
and the herein described tract for a distance of 2093.55 feet to a | ||
found 5/8" diameter rebar with a plastic cap marked "JOHN | ||
HOWARD/RPLS 4611" marking the south corner of said 100.00 acres, | ||
and marking an exterior corner of the herein described tract; | ||
THENCE: N 55° 00' 19" E, with the common boundary line of said | ||
100.00 acres and the herein described tract for a distance of | ||
3594.33 feet to a found 5/8" diameter rebar with a plastic cap | ||
marked "JOHN HOWARD/RPLS 4611" at a point on the southwesterly | ||
margin of Red Barn Road, marking the east corner of said 100.00 | ||
acres, and marking the north corner of the herein described tract; | ||
THENCE: S 35° 14' 40" E, generally with the converging fence, | ||
and with the southwesterly margin of Red Barn Road and the herein | ||
described tract for a distance of 1793.52 feet to a 9" diameter | ||
creosote fence angle post marking a deflection point of the herein | ||
described tract; | ||
THENCE: Generally with the fenced margin of Red Barn Road and | ||
the herein described tract for the following four (4) calls: | ||
4.) S 34° 53' 17" E, for a distance of 764.74 feet to a 9" | ||
diameter creosote fence angle post marking a deflection point of | ||
the herein described tract; | ||
5.) S 13° 30' 50" E, passing the ostensible common survey | ||
line of said Survey 1120 and said Survey 1292, continuing on the | ||
same course for a distance of 221.66 feet to an 8" diameter creosote | ||
fence angle post marking a deflection point of the herein described | ||
tract; | ||
6.) S 15° 45' 50" W, for a distance of 584.06 feet to an 8" | ||
diameter creosote fence angle post marking a deflection point of | ||
the herein described tract; | ||
7.) S 18° 08' 23" W, for a distance of 1666.51 feet to a found | ||
TxDOT Type II right-of-way monument at the intersection of Red Barn | ||
Road and F.M. 1470, and marking a deflection point of the herein | ||
described tract; | ||
THENCE: With the fenced northwesterly margin of F.M. 1470 and | ||
the herein described tract for the following two (2) calls: | ||
1.) S 41° 45' 44" W, for a distance of 91.46 feet to an | ||
unmarked corner marking a deflection point of the herein described | ||
tract, from which point a 4.5" diameter pipe fence angle post bears | ||
N 53° 54' 38" W at a distance of 2.48 feet; | ||
2.) S 65° 54' 36" W, passing the ostensible common survey | ||
line of said Survey 1292 and said Survey 1175, continuing on the | ||
same course, at 1137.84 feet passing a found TxDOT Type II | ||
right-of-way monument, continuing on the same course, at 2637.64 | ||
feet passing a found TxDOT Type II right-of-way monument, | ||
continuing on the same course, at 3121.06 feet passing a found TxDOT | ||
Type II right-of-way monument, continuing on the same course, at | ||
4637.23 feet passing 1.12 feet to the right of a found TxDOT Type II | ||
right-of-way monument, continuing on the same course, for a total | ||
distance of 4858.45 feet to the Place of Beginning and containing | ||
399.52 acres, more or less, of land within the herein described | ||
boundary, according to an actual on the ground survey made by D. G. | ||
Smyth & Co., Inc. and completed on August 26, 2022. | ||
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 | ||
7957A, Special District Local Laws Code, as added by Section 1 of | ||
this Act, is amended by adding Section 7957A.0308 to read as | ||
follows: | ||
Sec. 7957A.0308. 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. |