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AN ACT
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relating to the creation, administration, powers, duties, |
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functions, operations, and financing of the Crystal Clear Special |
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Utility District; providing authority to issue bonds; granting a |
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limited power of eminent domain. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 7206 to read as follows: |
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CHAPTER 7206. CRYSTAL CLEAR SPECIAL UTILITY DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 7206.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(3) "Corporation" means the Crystal Clear Water Supply |
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Corporation. |
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(4) "Director" means a board member. |
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(5) "District" means the Crystal Clear Special Utility |
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District. |
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Sec. 7206.002. NATURE OF DISTRICT. The district is a |
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special utility district in Comal, Guadalupe, and Hays Counties |
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created under and essential to accomplish the purposes of Section |
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59, Article XVI, Texas Constitution. The district is created to |
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serve a public use and benefit. |
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Sec. 7206.003. CONFIRMATION ELECTION REQUIRED. If the |
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creation of the district is not confirmed at a confirmation and |
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initial directors' election held before September 1, 2016: |
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(1) the district is dissolved on September 1, 2016, |
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except that the district shall: |
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(A) pay any debts incurred; |
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(B) transfer to Comal, Guadalupe, or Hays County, |
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as appropriate, any assets of the district that remain after the |
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payment of debts; and |
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(C) maintain the organization of the district |
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until all debts are paid and remaining assets are transferred; and |
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(2) this chapter expires September 1, 2017. |
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Sec. 7206.004. APPLICABILITY OF OTHER LAW. Except as |
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otherwise provided by this chapter, Chapters 49 and 65, Water Code, |
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apply to the district. |
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Sec. 7206.005. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act creating this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act creating this chapter form a closure. A mistake made in the |
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field notes or in copying the field notes in the legislative process |
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does not affect: |
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(1) the organization, existence, or validity of the |
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district; |
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(2) the right of the district to issue any type of |
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bond, including a refunding bond, for a purpose for which the |
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district is created or to pay the principal of and interest on a |
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bond; or |
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(3) the legality or operation of the district or the |
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board of directors of the district. |
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SUBCHAPTER A-1. TEMPORARY PROVISIONS |
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Sec. 7206.021. TEMPORARY DIRECTORS. (a) The temporary |
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board of directors of the district is composed of: |
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(1) Dennis R. Krackau; |
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(2) Jackie E. Carson; |
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(3) Carroll U. Hoffmann; |
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(4) Richard A. Hanz; |
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(5) Jarold R. Hildebrand; |
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(6) James R. Stewart; and |
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(7) Michael L. Cox. |
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(b) Each temporary director shall qualify for office as |
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provided by Section 49.055, Water Code. |
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(c) If a temporary director fails to qualify for office, the |
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temporary directors who have qualified shall appoint a person to |
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fill the vacancy. If at any time there are fewer than four |
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qualified temporary directors, the commission shall appoint the |
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necessary number of directors to fill all vacancies on the board. |
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(d) Temporary directors serve until the earlier of: |
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(1) the date initial directors are elected under |
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Section 7206.022; or |
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(2) the date this chapter expires under Section |
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7206.003. |
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(e) As soon as practicable after all the temporary directors |
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have qualified under Section 49.055, Water Code, the temporary |
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directors shall convene the organizational meeting of the district |
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and elect officers from among the temporary directors. |
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Sec. 7206.022. CONFIRMATION AND INITIAL DIRECTORS' |
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ELECTION. (a) Before September 1, 2016, the temporary directors |
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shall hold an election to confirm the creation of the district and |
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to elect seven initial directors in accordance with Chapters 49 and |
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65, Water Code. |
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(b) The temporary board of directors shall determine the |
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method for determining the initial term of each person on the |
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initial board of directors. The terms must be clearly stated on the |
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ballot for the confirmation and directors' election. |
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(c) Section 41.001(a), Election Code, does not apply to a |
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confirmation and directors' election held as provided by this |
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section. |
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(d) The initial directors shall continue to serve until the |
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district directors elected at the first regularly scheduled |
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election of directors under Section 7206.052 qualify for office. |
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Sec. 7206.023. AMENDMENT OF CERTIFICATE OF CONVENIENCE AND |
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NECESSITY; TRANSFER OF ASSETS; DISSOLUTION. (a) On the effective |
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date of the Act enacting this chapter, all the territory described |
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by Section 3 of the Act creating this chapter is removed from the |
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territory covered by Certificate of Convenience and Necessity No. |
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10297. The commission shall revise its records to reflect the |
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removal of the described territory from that certificate's |
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coverage, effective on that date, without further application, |
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notice, or hearing. A person does not have any right of protest, |
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objection, or administrative review of the revision prescribed by |
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this subsection. The revision to Certificate of Convenience and |
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Necessity No. 10297 is not contingent on the confirmation of the |
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district under Section 7206.022. |
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(b) If the creation of the district is confirmed under |
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Section 7206.022, the corporation shall transfer the assets, debts, |
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and contractual rights and obligations of the corporation to the |
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district. Following the transfer of assets: |
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(1) Certificate of Convenience and Necessity No. |
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10297, as revised in accordance with Subsection (a), is considered |
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to be held by the district; |
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(2) the board of directors of the corporation shall |
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begin dissolution proceedings of the corporation; and |
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(3) the board of directors of the corporation shall |
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notify the commission of the transfer of Certificate of Convenience |
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and Necessity No. 10297 to the district. |
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(c) On receipt of notice under Subsection (b)(3), the |
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commission shall note in its records that Certificate of |
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Convenience and Necessity No. 10297, as revised in accordance with |
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Subsection (a), is held by the district and shall reissue the |
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certificate in the name of the district without further |
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application, notice, or hearing. A person does not have any right |
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of protest, objection, or administrative review of the transfer |
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prescribed by this section. |
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Sec. 7206.024. EXPIRATION OF SUBCHAPTER. This subchapter |
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expires September 1, 2017. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 7206.051. DIRECTORS. (a) The district shall be |
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governed by a board of not fewer than 5 and not more than 11 |
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directors, elected in accordance with Section 65.101, Water Code. |
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(b) The directors of the district serve staggered |
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three-year terms. |
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Sec. 7206.052. ELECTION OF DIRECTORS. After the district |
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is confirmed under Section 7206.022, the district shall hold an |
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election on the uniform election date in November of each year to |
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elect the appropriate number of directors. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 7206.101. GENERAL POWERS. (a) Except as otherwise |
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provided by Subsection (b) and this chapter, the district has all of |
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the rights, powers, privileges, authority, functions, and duties |
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provided by the general law of this state, including Chapters 49 and |
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65, Water Code, applicable to special utility districts created |
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under Section 59, Article XVI, Texas Constitution. |
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(b) Land included in the territory described by Section 4 of |
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the Act creating this chapter may not be added to the district |
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unless the landowner provides written consent. |
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Sec. 7206.102. WATER SERVICE IMPACT FEE. (a) The district |
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may charge a water service impact fee that is not greater than the |
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capital recovery fee charged by the corporation on December 31, |
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2012, under the corporation's tariff. |
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(b) Chapter 395, Local Government Code, does not apply to an |
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initial water service impact fee set under Subsection (a). |
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(c) The district may increase the water service impact fee |
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authorized under Subsection (a) only as provided by Chapter 395, |
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Local Government Code, as approved by the commission, or as |
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otherwise provided by law. |
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Sec. 7206.103. EMINENT DOMAIN. (a) Except as provided by |
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Subsection (b), the district has all the power and authority of a |
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special utility district under Chapters 49 and 65, Water Code, to |
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acquire by condemnation any land, easement, or other property |
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located inside or outside the boundaries of the district for any |
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district project or purpose. |
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(b) The district may not exercise the power of eminent |
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domain to condemn land, easements, or other property located |
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outside the boundaries of the district for sanitary sewer purposes. |
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Sec. 7206.104. SERVICES TO BE PROVIDED BY DISTRICT OR CITY |
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OF NEW BRAUNFELS. (a) A structure constructed by the district in |
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the corporate limits or extraterritorial jurisdiction of the City |
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of New Braunfels must comply with any applicable codes and |
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ordinances of the city. |
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(b) The district may enter into an interlocal contract with |
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the City of New Braunfels to provide governmental services, |
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including drainage, solid waste, or fire protection services. |
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(c) The district may not provide solid waste collection |
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services in the corporate limits of the City of New Braunfels unless |
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the governing body of the city consents by resolution or ordinance. |
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(d) The district may not provide fire protection services in |
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the corporate limits or extraterritorial jurisdiction of the City |
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of New Braunfels unless the governing body of the city consents by |
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resolution or ordinance. |
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SECTION 2. The Crystal Clear Special Utility District |
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initially includes all the territory contained in the following |
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area: |
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BEING that portion of Comal, Guadalupe, and Hays Counties, |
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Texas, which has a boundary more particularly described as follows: |
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BEGINNING at a point in Guadalupe County where the centerline of the |
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San Marcos River crosses the centerline of U.S. Highway 90; |
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THENCE in a southeasterly direction, with a line being 5,000 feet |
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east of and parallel to County Road 217 (Highsmith Road), to a point |
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in the north right-of-way line of Interstate Highway 10; |
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THENCE with the north right-of-way line of Interstate Highway 10, |
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in a westerly direction, to a point at its intersection with the |
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east boundary line of Springs Hill WSC CCN #10666; |
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THENCE following the Springs Hill WSC CCN #10666 boundary line in a |
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northerly, westerly, then southerly direction, until it intersects |
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with the north right-of-way line of Interstate Highway 10; |
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THENCE with the north right-of-way line of Interstate Highway 10, |
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in a westerly direction, to its intersection with the east City |
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Limit Line of Seguin, Texas; |
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THENCE with the City Limit Line of Seguin, Texas, in a northerly, |
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then westerly direction, to its intersection with an eastern line |
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of the City of Seguin CCN #10698; |
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THENCE with the City of Seguin CCN #10698 line, in a northerly |
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direction, to a point at its intersection of the Springs Hill WSC |
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CCN #10666 boundary; |
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THENCE with the boundary of Springs Hill WSC CCN #10666 in a |
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northerly direction to the City Limit Line of Seguin, Texas; |
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THENCE with the City Limit Line of Seguin, Texas, in a northerly, |
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then westerly direction, to its intersection with the eastern |
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boundary of Springs Hill WSC CCN #10666; |
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THENCE meandering with the boundary line of Springs Hill WSC CCN |
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#10666 in a northwesterly direction to a point on the east boundary |
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line of the 810.54 acre tract of land described in the deed to |
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Normandy Terrace, Inc. recorded in the Guadalupe County Deed |
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Records; |
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THENCE with the eastern boundary of the 810.54 acre Normandy |
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Terrace Inc. tract in a northern direction to its northeast corner; |
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THENCE with the northern boundary of the 810.54 acre Normandy |
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Terrace Inc. tract in a westerly direction to the centerline of |
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Guadalupe County Road 140 (Schwarzlose Rd.); |
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THENCE with the centerline of Guadalupe County Road 140 |
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(Schwarzlose Rd.), in a southerly direction to its intersection |
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with the boundary line of New Braunfels Utility CCN #10677; |
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THENCE with the boundary line of the New Braunfels Utility CCN |
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#10677, in a westerly, then northwesterly direction, crossing the |
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Comal County and Guadalupe County Line to its intersection with the |
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City Limits Line of New Braunfels, Texas; |
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THENCE with the City Limits Line of New Braunfels, Texas, in an |
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northeasterly, then northwesterly direction to a south corner of a |
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75.805 acre tract of land described in a deed to State of Texas FBO |
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Permanent School Fund recorded in Document # 200506039320, of the |
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Comal County Deed Records; |
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THENCE with the southeast line of the 75.805 acre State of Texas FBO |
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Permanent School Fund tract to its east corner, said east corner |
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being on the southwest line of the 119.882 acre tract described in a |
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deed to Marvin Kraft, Jr., et al, recorded in Book 1015, Page 444, |
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of the Comal County Deed Records; |
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THENCE with the northeast line of the 75.805 acre State of Texas FBO |
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Permanent School Fund tract and the west line of the 119.882 acre |
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Kraft tract, to the west corner of the 119.882 acre Kraft tract; |
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THENCE with the northern and eastern property boundaries of the |
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119.882 acre Kraft tract to its east corner, same being the south |
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corner of a 1,015.537 acre tract of land described in a deed to the |
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State of Texas FBO Permanent School Fund recorded in Document |
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#200506041691, of the Comal County Deed Records; |
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THENCE with the southern and northeastern property boundary of the |
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1,015.537 acre State of Texas FBO Permanent School Fund tract to a |
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point on the east right-of-way of Interstate Highway 35 for its |
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north corner; |
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THENCE with the east right-of-way line of Interstate Highway 35, in |
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a southwesterly direction, to its intersection with an eastern |
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boundary of the City Limit Line of New Braunfels, Texas; |
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THENCE with the City Limit Line of New Braunfels, Texas, in a |
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northwesterly and southwesterly direction to its intersection with |
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the northeast line of the 2.545 acre tract of land described in a |
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deed to Hitzfelder Family Partners LTD recorded in Book 98060, Page |
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1608, of the Comal County Deed Records; |
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THENCE with the northeast line of the 2.545 acre Hitzfelder Family |
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Partners LTD tract, in a northwest direction to its north corner and |
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to an east corner of a 20.009 acre tract of land described in a deed |
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to HPT TA Properties Trust recorded in Document #200706011233, of |
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the Comal County Deed Records; |
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THENCE with the northeast line of the 20.009 acre HPT TA Properties |
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Trust tract, in a northwest direction, to its north corner and to an |
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east corner of a 10.182 acre tract of land described in a deed to Rip |
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Griffin Truck Service Center, Inc. recorded in Book 97060, Page |
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27464, of the Comal County Deed Records; |
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THENCE with the northeast line of the 10.182 acre Rip Griffin Truck |
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Center, Inc. tract, in a northwest direction, to its north corner |
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and to the east corner of a tract of land described in a deed to |
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Margyline Hitzfelder recorded in Book 181, Page 617, in the Comal |
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County Deed Records; |
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THENCE with the northeast line of the Margyline Hitzfelder tract, |
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in a northwest direction, to a south corner of a 17.71 acre tract of |
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land described in a deed to Papes Family Farm LTD recorded in |
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Document #200406007834, in the Comal County Deed Records; |
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THENCE with a southeast line of the 17.71 acre Papes Family Farm LTD |
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tract of land, in a northeast direction, to its east corner on the |
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southwest line of a 44.29 acre tract of land described in a deed to |
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Papes Family Farm, LTD., recorded in Document #200406007834, in the |
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Comal County Deed Records; |
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THENCE with the boundary of the 44.29 acre Papes Family Farm LTD |
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tract in a southeast, northeast, then northwest direction, to its |
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north corner and the west corner of a 230.695 acre tract of land |
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described in a deed to John A., Teresa J. and Andrea J. Ladshaw |
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recorded in Book 762, Page 008, of the Comal County Deed Records; |
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THENCE with a north line of a 230.695 acre tract, in a northeast |
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direction, to its north corner and a west corner of a 9.785 acre |
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tract of land described in a deed to John A. Ladshaw recorded in |
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Book 378, Page 799, in the Comal County Deed Records; |
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THENCE with the boundary of the 9.785 acre John A. Ladshaw tract, in |
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a northeast and southeast direction, to its east corner on the west |
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right-of-way of Interstate Highway 35; |
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THENCE with the west right-of-way line of Interstate Highway 35 in a |
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northeasterly direction to a south corner of the 288.433 acre tract |
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of land described in a deed to Southstar of Havenwood, LLC, recorded |
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in Document #201206016391, of the Comal County Deed Records; |
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THENCE with the meanders of the southern and western boundary of the |
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288.433 acre Southstar of Havenwood, LLC, tract, in a western |
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direction, to its east corner on the southeast right-of-way line of |
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F.M. 1102; |
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THENCE across F.M. 1102 and with the northwest right-of-way line of |
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F.M. 1102 in a northeasterly direction to the south corner of Unit |
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#1 of the Havenwood at Hunter's Crossing Subdivision recorded in |
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Document #200606015745, of the Comal County Deed Records; |
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THENCE with the southwestern boundary of Unit #1 of the Havenwood at |
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Hunter's Crossing Subdivision, in a northwest direction, to the |
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south corner of Unit #2 of the Havenwood at Hunter's Crossing |
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Subdivision recorded as Document #200606040000, of the Comal County |
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Deed Records; |
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THENCE with the southwest line of Unit #2 of the Havenwood at |
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Hunter's Crossing Subdivision to a point on the southeast |
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right-of-way of Beaver Lane, said southeast right-of-way of Beaver |
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lane being the south boundary of Unit #4 of the Havenwood at |
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Hunter's Crossing Subdivision recorded as Document #200706047038, |
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of the Comal County Deed Records; |
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THENCE with the boundary of Unit #4 of the Havenwood at Hunter's |
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Crossing Subdivision, in a southwest, northwest, then northeast |
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direction, to the north corner of Unit #4 and the west corner of |
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Unit #3 of the Havenwood at Hunter's Crossing Subdivision recorded |
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as Document #200606046131, of the Comal County Deed Records; |
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THENCE with the boundary of Unit #3 of the Havenwood at Hunter's |
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Crossing Subdivision, in a northeast, southeast, then southwest |
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direction, to the east corner of Unit #2 of the Havenwood at |
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Hunter's Crossing Subdivision recorded as Document #200606040000, |
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of the Comal County Deed Records; |
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THENCE with the boundary of Unit #2 of the Havenwood at Hunter's |
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Crossing Subdivision, in a southwest, then southeast direction, to |
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a north corner of Unit #1 of the Havenwood at Hunter's Crossing |
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Subdivision recorded as Document #200606015745, of the Comal County |
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Deed Records; |
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THENCE with the eastern boundary of Unit #1 of the Havenwood at |
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Hunter's Crossing Subdivision, in a southeast direction, to its |
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southeast corner on the northeast right-of-way line of F.M. 1102; |
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THENCE with the northwest right-of-way line of F.M. 1102, in a |
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northeasterly direction, merging into F.M. 2439; |
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THENCE with the northwest right-of-way line of F.M. 2439 in a |
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northeasterly direction and crossing the Comal County and Hays |
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County Line to the east corner of a 79.748 acre tract of land |
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described in a deed to Flying W Properties LTD recorded in Book |
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3257, Page 704, of the Hays County Deed Records; |
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THENCE across and perpendicular to F.M. 2439 in a southeasterly |
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direction to the southeast right-of-way line of F.M. 2439; |
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THENCE with the southeast right-of-way line of F.M. 2439, in a |
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northeast direction, to a west corner of a 2.65 acre tract of land |
|
described in a deed to Frank and Jacqueline Brakley recorded in Book |
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2835, Page 823, of Hays County Deed Records; |
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THENCE with the southwestern boundary of the 2.65 acre Frank and |
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Jacqueline Brakley tract, in a southeast direction, to its south |
|
corner in the northwest right-of-way line of the Union Pacific |
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Railroad; |
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THENCE in a southeasterly direction and crossing the Union Pacific |
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Railroad right-of-way and a tract of land described in a deed to |
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Flying W Properties LTD to the north corner of a 83.73 tract of land |
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described in a deed to Fred W. Heldenfels, IV recorded in Book 1974, |
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Page 368, of the Hays County Deed Records and also a point in the |
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western boundary of the City Limits of San Marcos, Texas; |
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THENCE with the western boundary of the City Limits Line of San |
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Marcos, Texas, in a southeasterly direction to its intersection |
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with the City of San Marcos CCN #10298; |
|
THENCE with the City of San Marcos CCN #10298 in a southeasterly |
|
direction to its intersection with the centerline of Hays County |
|
Road 265 (Francis Harris Lane); |
|
THENCE with the centerline of Hays County Road 265 in a southerly |
|
and southeasterly direction to a southwest corner of a tract of land |
|
described in a deed to Albert Dale Jonas recorded in Book 1530, Page |
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16, of Hays County Deed Records; |
|
THENCE with the south line of the Albert Dale Jonas tract in an |
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easterly direction to a point on the Hays County and Guadalupe |
|
County Line; |
|
THENCE along the Hays County and Guadalupe County Line in a |
|
northeasterly direction to its intersection with the southern |
|
boundary of the City of San Marcos CCN # 10298; |
|
THENCE meandering with the boundary line of City of San Marcos CCN |
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#10298 in a northeasterly direction to its intersection with the |
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City Limits of San Marcos, Texas, and same point being the western |
|
corner of a 100.00 Acre Tract of land conveyed to Cottonwood Creek |
|
JDR, LTD. by Warranty Deed in Volume 2008, Page 0867, of the |
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Guadalupe County Deed Records; |
|
THENCE with the City Limits of San Marcos, Texas, and around the |
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western, southern, and eastern perimeter of said 100.00 Acre Tract |
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to its intersection with the City of San Marcos CCN #10295 southern |
|
boundary line same being the Hays County and Guadalupe County Line; |
|
THENCE with the southern boundary of the City of San Marcos CCN |
|
#10298 in a northeasterly direction to a point at its intersection |
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with the City Limits Line of San Marcos, Texas; |
|
THENCE with the boundary of the City Limits Line of San Marcos, |
|
Texas, in a southeasterly, then northeasterly direction to a point |
|
at its intersection with the western boundary line of the |
|
Martindale WSC CCN # 10312; |
|
THENCE with the western boundary line of the Martindale WSC CCN |
|
#10312 in a southeasterly direction to a point, said point being the |
|
northern corner of the western boundary of the Tri-Community WSC |
|
CCN #10313 and said point being located along the San Marcos River; |
|
THENCE with the San Marcos River in a southerly direction to a point |
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at its intersection with F.M. 1977, said point also being located |
|
along the western boundary of the Tri-Community WSC CCN #10313; |
|
THENCE with the western boundary of the Tri-Community WSC CCN |
|
#10313 in a southeasterly direction to a point, said point being the |
|
most southerly corner of CCN #10313 and being located in the San |
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Marcos River; |
|
THENCE with the San Marcos River in a southeasterly direction to the |
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POINT OF BEGINNING. |
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WHICH above described territory includes that land lying and being |
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situated in ALL OR PORTIONS of the following surveys: |
|
IN GUADALUPE COUNTY, TEXAS: John Wells Survey, Abstract No. 509; |
|
John Wells Survey, Abstract No. 435; James P. Hector Survey, |
|
Abstract No. 353; James Murphy Survey, Abstract No. 237; Robert |
|
Smith Survey, Abstract No. 286; Jose Ramon Bedford Survey, Abstract |
|
No. 5; Magarita Cherino Survey, Abstract No. 10; Antonio Maria |
|
Esnaurizar Survey, Abstract No. 20; James Hodges Survey, Abstract |
|
No. 148; Samuel Williams Survey, Abstract No.37; Edward C. Pettus |
|
Survey, Abstract No. 264; Josias Randolph Survey, Abstract No. 276; |
|
Martin Ussery Survey, Abstract No. 324; Joel W. Robinson Survey, |
|
Abstract No. 275; James M. Bell Survey, Abstract No. 75; Samuel |
|
Highsmith Survey, Abstract No. 25; Henry R. Hunt Survey, Abstract |
|
No. 150; Uzziel Wakefield Survey, Abstract No. 327; Frederick |
|
Happle Survey, Abstract No. 156; James A. Swift Survey, Abstract |
|
No. 292; John Tom Survey, Abstract No. 316; Carlos Espalier Survey, |
|
Abstract No. 129; Charles Hall Survey, Abstract No. 162; Matthew |
|
Besore Survey, Abstract No. 61; William Griffin Survey, Abstract |
|
No. 136; Andrew Neill Survey, Abstract No. 256; John Ussery Survey, |
|
Abstract No. 323; James H. Thomas Survey, Abstract No. 311; Robert |
|
Scobey Survey, Abstract No. 290; Churchill Fulchear Survey, |
|
Abstract No. 130; Young Seltoon Survey, Abstract No. 293; Loria |
|
Billings Survey, Abstract No. 55; W. Riley Wood Survey, Abstract |
|
No. 345; John McGrabb Survey, Abstract No. 242; Jacob A. Miller |
|
Survey, Abstract No. 231; William G. Hunt Survey, Abstract No. 149; |
|
J. G. King Survey, Abstract No. 208; William P. King Survey, |
|
Abstract No. 207; Robert Hall Survey, Abstract No. 158; Harriet |
|
Cottle Survey, Abstract No. 13; Geo. Blair Survey, Abstract No. 50; |
|
J. Hampton Kuykendall Survey, Abstract No. 199; Michael Miller |
|
Survey, Abstract No. 219; William H. Hunter Survey, Abstract No. |
|
152; Edwin R. Kellett Survey, Abstract No. 198; Robert M. |
|
Cartwright Survey, Abstract No. 83; James Latham Survey, Abstract |
|
No. 209; Robert Smith Survey, Abstract No. 33; John B. Cowan Survey, |
|
Abstract No. 84; J. Benton Johnson Survey, Abstract No. 191; |
|
William Burnett Survey, Abstract No. 73; Uzziel Wakefield Survey, |
|
Abstract No. 326; Michael Cody Survey, Abstract No. 99; Michael |
|
Cody Survey, Abstract No. 86; Edward Pettus Survey, Abstract No. |
|
31; William J. Ragsdale Survey, Abstract No. 268; Solomon Barnes |
|
Survey, Abstract No. 56; John Jones Survey, Abstract No. 189; |
|
Gustavus Chatwell Survey, Abstract No. 85; James W. Keller Survey, |
|
Abstract No. 201; George Allen Survey, Abstract No. 1; Charles |
|
Henderson Survey, Abstract No. 147; Christoval Rubio Survey, |
|
Abstract No. 274; Wm. Perkins Survey, Abstract No. 263; James |
|
Nashley Survey, Abstract No. 254; H. E. Jordt Survey, Abstract No. |
|
195; Wm. Perkins Survey, Abstract No. 263; James B. Cowan Survey, |
|
Abstract No. 81; John Wells Survey, Abstract No. 339; Cyrus |
|
Campbell Survey, Abstract No. 8; Andrew Mitchell Survey, Abstract |
|
No. 220; S. A. & M. G. R. R. Co. Survey, Abstract No. 308; Benjamin & |
|
Graves Fulcher Survey, Abstract No. 21; James T. Murphy Survey, |
|
Abstract No. 233; and |
|
In COMAL COUNTY, Texas: Antonio Maria Esnaurizar Survey, Abstract |
|
No. 1;Orilla Russell Survey, Abstract No. 485; Nancy Kenner Survey, |
|
Abstract No. 306; Samuel Craft Sr. Survey, Abstract No. 98; and |
|
And in HAYS COUNTY, Texas: Samuel Craft Sr. Survey, Abstract No. 89; |
|
Antonio Maria Esnaurizar Survey, Abstract No. 6; John Owens Survey, |
|
Abstract No. 356; Thomas Bell Survey, Abstract No. 47; and Charles |
|
Henderson Survey, Abstract No. 226. |
|
SECTION 3. The territory to be removed from Certificate of |
|
Convenience and Necessity No. 10297, as provided by Subsection (a), |
|
Section 7206.023, Special District Local Laws Code, as added by |
|
this Act, includes all of the territory contained in the following |
|
area: |
|
151.846 acres of land located in the Antonio Maria Esnaurizar |
|
Eleven League Grant, Survey No. 1, Abstract No. 1, Subdivisions 13, |
|
14, 15, 16, 17, 18, 19, 20, 21, 22, and 31, Comal County, Texas, and |
|
being comprised of the following parcels: a 28.477 acres of land |
|
being out of and a part of a 28.632 acre tract as conveyed by SPECIAL |
|
WARRANTY DEED from the RESOLUTION TRUST CORPORATION (RTC) to M.W. |
|
KRAFT, JR., executed on January 14, 1983, and recorded in Volume |
|
874, Pages 72-76 of the Official Public Records of Comal County, |
|
Texas, and being the same 28.477 acres of land conveyed to the State |
|
of Texas for use and benefit of the Permanent School fund from RS |
|
New Braunfels, Ltd., a Texas limited partnership dated October 14, |
|
2005 and recorded in Document No. 200506039324 of the Official |
|
Records of Comal County, Texas, and 27.474 acres of land being out |
|
of and a part of a 27.611 acre tract as conveyed by GENERAL WARRANTY |
|
DEED from MICHAEL PAYNTER and wife THETA SCHUG PAYNTER, to MARY |
|
EVELYN FREEMAN, filed for record on June 10, 1985, and recorded in |
|
Volume 451, Pages 695-697 of the Official Public Records of Comal |
|
County, Texas, and being the same 27.474 acre tract conveyed to the |
|
State of Texas for the use and benefit of the Permanent School Fund |
|
from Mary Evelyn Freeman, dealing in her separate property, dated |
|
October 14, 2005 and recorded in Document No. 200506045048 of the |
|
Official Public Records of Comal County, Texas, and 20.035 acres of |
|
land being out of and a part of a 26.6 acre tract as conveyed by |
|
WARRANTY DEED WITH VENDOR'S LIEN from EGON KOHLENBERG ET UX to |
|
LAWRENCE KOHLENBERG, and filed for record on October 18, 1949, and |
|
recorded in Volume 92, Pages 43-44 of the Deed Records of Comal |
|
County, Texas, and also being out of and a part of a 103.75 acre |
|
tract as conveyed by WARRANTY DEED WITH VENDOR'S LIEN from J.M. |
|
SMITH to EGON KOHLENBERG ET UX, filed for record June 21, 1943, and |
|
recorded in Volume 77, Pages 442-443 of the Deed Records of Comal |
|
County, Texas, and also being the same 20.035 acres conveyed to the |
|
State of Texas for use and benefit of the Permanent School Fund from |
|
Doracille Kohlenberg, an unmarried woman, dated October 14, 2005 |
|
and recorded in Document No. 200506039319 of the Official Public |
|
Records of Comal County, Texas, and 74.803 acres of land being out |
|
of and a part of a 74.44 acre tract as conveyed by DEED OF GIFT from |
|
DORACILLE KOHLENBERG, a widow, to KAREN WESCH and FAYE COOLEY, and |
|
filed for record on March 4, 1993, and recorded in Volume 873, Pages |
|
228-229 of the Official Public Records of Comal County, Texas, and |
|
being out of and a part of a 103.75 acre tract as described in a |
|
WARRANTY DEED with VENDOR'S LIEN, filed for record June 21, 1943, |
|
and recorded in Volume 77, Pages 442-443 of the Deed Records of |
|
Comal County, Texas, and being the same 74.803 acre tract conveyed |
|
to the State of Texas for the use and benefit of the Permanent |
|
School fund from (i) Karen Wesch Hestand, formerly known as Karen |
|
Wesch, and (ii) Foye Cooley, each dealing in her separate property, |
|
dated October 14, 2005 and recorded in Document No. 200506039321 of |
|
the Official Public Records of Comal County, Texas, and 1.002 acres |
|
of land being out of and a part of a 74.44 acre tract as conveyed by |
|
DEED OF GIFT from DORACHILLE KOHLENBERG, a widow, to KAREN WESCH and |
|
FAYE COOLEY and filed for record on March 4, 1993, and recorded in |
|
Volume 873, Pages 228-229 of the Official Public Records of Comal |
|
County, Texas, and being out of and a part of a 103.75 acre tract as |
|
described in a WARRANTY DEED with VENDOR'S LIEN, filed for record |
|
June 21, 1943, and recorded in Volume 77, Pages 442-443 of the Deed |
|
Records of Comal County, Texas, and being the same parcel |
|
designated as TRACT NO. 2 (1.003 acres) by DEED OF GIFT from FAYE |
|
COOLEY to KAREN HESTAND, executed on March 14, 1996, and recorded in |
|
Document No. 9606005988 of the Official Public Records of Comal |
|
County, Texas, and being a portion of said 1.002 acre tract as |
|
conveyed to the State of Texas for the use and benefit of the |
|
Permanent School Fund from Karen Wesch Hestand and husband, Herbert |
|
Hoyt Hestand, dated October 14, 2005 and recorded in Document No. |
|
200506039320 of the Official Public Records of Comal County, Texas, |
|
said 151.846 acres of land being more particularly described as |
|
follows: |
|
BEGINNING: at a found concrete highway monument (Type I) at |
|
the intersection of the Southeast Right of Way Line of I.H. 35 with |
|
the Northeast cutback line of Kohlenberg Road and being the |
|
Westernmost corner of this parcel and said 20.035 acre; (Grid N = |
|
13,820,305.66, Grid E = 2,267,616.06, Scale factor of 1.00014 for |
|
surface adjustment); |
|
THENCE: (1) NORTH 31 deg. 26' 12" East, a distance of 1091.64 |
|
feet along the Northwest line of this parcel and the Southeast Right |
|
of Way Line of said I.H.35 to a set 1/2" iron pin with plastic cap |
|
being the Northernmost corner of this parcel and the Westernmost |
|
corner of a 3.560 acre tract as recorded in Document No. |
|
200406003961 of the Official Public Records of Comal County, Texas; |
|
THENCE: (2) SOUTH 45 deg. 19' 36" East, a distance of 610.43 |
|
feet along the Northeast line of this parcel and said 103.75 acre |
|
tract and the Southwest line of said 3.560 acre tract to a found |
|
1/2" iron pin being the Southernmost corner of said 3.560 acre |
|
tract; |
|
THENCE: (3) NORTH 38 deg. 14' 02" East, a distance of 296.28 |
|
feet along the Northwest line of this parcel and said 27.611 acre |
|
tract and the Southeast line of said 3.560 acre tract to a found |
|
1/2" iron pin being the Easternmost corner of said 3.560 acre tract; |
|
THENCE: (4) NORTH 53 deg. 45' 08" West, a distance of 631.50 |
|
feet along the Northeast line of this parcel and the Southwest line |
|
of said 27.611 acre tract and the Northeast line of said 3.560 acre |
|
tract to a found 1/2" iron pin in the Southeast Right of Way Line of |
|
said I.H. 35, and being the Northernmost corner of said 3.560 acre |
|
tract; |
|
THENCE: (5) NORTH 31 deg. 26' 12" East, a distance of 245.64 |
|
feet along the Northwest line of this parcel and said 27.611 acre |
|
tract and the Southeast Right of Way Line of said I.H. 35 to a found |
|
1/2" iron pin being the Westernmost corner of the remainder of a |
|
2.35 acre tract as recorded in Volume 293, Pages 371-373 of the Deed |
|
Records of Comal County, Texas; |
|
THENCE: (6) SOUTH 41 deg. 20' 52" East, a distance of 507.94 |
|
feet along the Northeast line of this parcel and said 27.611 acre |
|
tract and the Southwest line of said 2.35 acre tract to a found 1/2" |
|
iron pin being the Southernmost corner of said 2.35 acre tract; |
|
THENCE: (7) NORTH 53 deg. 30' 10" East, a distance of 151.22 |
|
feet along the Northwest line of this parcel and said 27.611 acre |
|
tract and the Southeast line of said 2.35 acre tract to a found 1/2" |
|
iron pin being the Easternmost corner of said 2.35 acre tract and |
|
the Southwest line of said 28.632 acre tract; |
|
THENCE: (8) NORTH 41 deg. 10' 27" West, a distance of 567.95 |
|
feet along the Southwest line of this parcel and said 28.632 acre |
|
tract and the Northeast line of said 2.35 acre tract to a found 1/2" |
|
iron pin in the Southeast Right of Way Line of I.H.35; |
|
THENCE: (9) NORTH 31 deg. 26' 12" East, a distance of 249.72 |
|
feet along the Northwest line of this parcel and said 28.632 acre |
|
tract and the Southeast Right of Way Line of I.H.35 to a set 1/2" |
|
iron pin with plastic cap being a point of curvature; |
|
THENCE: (10) 83.60 feet along the arc of a curve to the right, |
|
having a radius of 22784.31 feet, and a central angle of 00 deg. 12' |
|
37", and whose chord bears North 31 deg. 32' 30" East, a distance of |
|
83.60 feet to a found 1/2" iron pin being the Northernmost corner of |
|
this parcel and said 28.632 acre tract and the Westernmost corner of |
|
a 28.500 acre tract as recorded in Document No. 9806027705 of the |
|
Official Public Records of Comal County, Texas; |
|
THENCE: (11) SOUTH 42 deg. 31' 00" East, a distance of 3408.67 |
|
feet along the Northeast line of this parcel and said 28.632 acre |
|
tract and the Southwest line of said 28.500 acre tract to a found |
|
1/2" iron pin in the Northeast line of a 119.882 acre tract as |
|
recorded in Volume 1015, Page 444 of the Official Public Records of |
|
Comal County, Texas, and being the Easternmost corner of this |
|
parcel and said 28.632 acre tract and the Southernmost corner of |
|
said 28.500 acre tract; |
|
THENCE: (12) SOUTH 56 deg. 54' 03" West, a distance of 439.45 |
|
feet along the Southeast line of this parcel and said 28.632 acre |
|
tract and the Northwest line of said 119.882 acre tract to a found |
|
1/2" iron pin being the Southernmost corner, said 28.632 acre tract |
|
and the Easternmost corner of a 27.611 acre tract as recorded in |
|
Volume 451, Pages 695-697 of the Deed Records of Comal County, |
|
Texas; |
|
THENCE: (13) SOUTH 56 deg. 53' 33" West, a distance of 320.67 |
|
feet along the Southeast line of this parcel and said 27.611 acre |
|
tract and the Northwest line of said 119.882 acre tract to a found |
|
3/8" iron pin in the Northeast line of a 74.44 acre tract as |
|
recorded in Volume 873, Pages 228-229 of the Official Public |
|
Records of Comal County, Texas, and being the Southernmost corner |
|
of this parcel and said 27.611 acre tract; |
|
THENCE: (14) SOUTH 44 deg. 49' 00" East, a distance of 291.65 |
|
feet along the Northeast line of this parcel and said 74.44 acre |
|
tract and the Southwest line of said 119.882 acre tract to a wood |
|
corner post being the Easternmost corner of said 74.44 acre tract; |
|
THENCE: (15) SOUTH 45 deg. 08' 03" West, a distance of 1414.62 |
|
feet along the Southeast line of this parcel and said 74.44 acre |
|
tract and the Northwest line of a 49.18 acre tract as recorded in |
|
Document No. 200006018425 of the Official Public Records of Comal |
|
County, Texas, and a 3.00 acre tract as recorded in Volume 512, Page |
|
254 of the Deed Records of Comal County, Texas, to a set 1/2" iron |
|
pin with plastic cap in the Northeast Right of Way Line of |
|
Kohlenberg Road, and being the Southernmost corner of this parcel |
|
and said 74.44 acre tract and the Westernmost corner of said 3.000 |
|
acre tract; |
|
THENCE: (16) NORTH 44 deg. 37' 29" West, a distance of 1423.84 |
|
feet along the Southwest line of this parcel and said 74.44 acre |
|
tract and said 103.75 acre tract and the Northeast Right of Way Line |
|
of Kohlenberg Road to a set 1/2" iron pin with plastic cap being the |
|
Southernmost corner of a 1.736 acre tract and designated as TRACT |
|
NO. 1, and recorded in Document No. 9606005988 of the Official |
|
Public Records of Comal County, Texas; |
|
THENCE: (17) NORTH 33 deg. 57' 40" East, a distance of 411.84 |
|
feet along the Northwest line of this parcel and the Southeast line |
|
of said 1.736 acre tract to a found 3/8" iron pin being the |
|
Easternmost corner of this parcel; |
|
THENCE: (18) NORTH 68 deg. 19' 31" West, a distance of 242.07 |
|
feet along the Southwest line of this parcel and the Northeast line |
|
of said 1.736 acre tract to a found 1/2" iron pin being the |
|
Northernmost corner of said 1.736 acre tract; and |
|
THENCE: (19) SOUTH 22 deg. 37' 45" West, a distance of 332.23 |
|
feet along the Southeast line of this parcel and the Northwest line |
|
of said 1.736 acre tract to a found 1/2" iron pin in the Northeast |
|
Right of Way Line of Kohlenberg Road, and being the Westernmost |
|
corner of said 1.736 acre tract; |
|
THENCE: the following courses along the Southwest line of |
|
this parcel and said 74.44 acre tract and the Northeast Right of Way |
|
Line of said Kohlenberg Road, and the cutback Right of Way Line to |
|
I.H.35: |
|
(20) NORTH 44 deg. 37' 29" West, a distance of 399.53 feet to |
|
a found concrete highway monument (Type I) and being an angle point; |
|
(21) NORTH 34 deg. 38' 01" West, a distance of 102.61 feet to |
|
a found concrete highway monument (Type I) being an angle point; |
|
(22) NORTH 44 deg. 39' 10" West, a distance of 149.81 feet to |
|
a found concrete highway monument (Type I) being an angle point; |
|
(23) NORTH 32 deg. 12' 31" West, a distance of 223.04 feet to |
|
a found concrete highway monument (Type I) being an angle point; |
|
(24) NORTH 17 deg. 45' 14" West, a distance of 210.69 feet to |
|
a found concrete highway monument (Type I) being an angle point; |
|
(25) NORTH 06 deg. 34' 20" West, a distance of 302.39 feet to |
|
a found concrete highway monument (Type I) being an angle point; and |
|
(26) NORTH 58 deg. 18' 56" West, a distance of 173.56 feet to |
|
a found concrete highway monument (Type I) at the intersection of |
|
the Southeast Right of Way Line of I.H. 35 with the Northeast |
|
cutback line of Kohlenberg Road and being the Westernmost corner of |
|
this parcel and said 19.31 acre tract being the POINT OF BEGINNING, |
|
containing 151.846 acres of land. |
|
SECTION 4. The territory that may not be added to the |
|
district without written consent of the landowner, as provided by |
|
Section 7206.101, Special District Local Laws Code, as added by |
|
this Act, includes all of the territory contained in the following |
|
area: |
|
1252.958 acres of land located in the Antonio Maria Esnaurizar |
|
Eleven League Grant, Survey No. 1, Abstract No. 1, Subdivisions 13, |
|
14, 15, 16, 17, 18, 19, 20, 21, 22, and 31, Comal County, Texas, and |
|
being comprised of the following parcels: 1015.410 acre tract as |
|
described as a 1015.701 acre tract by a SPECIAL WARRANTY DEED from |
|
NORMANDY TERRACE, INC., a Texas Corporation, JAMES C. NORMAN, NANCY |
|
NORMAN and SUSAN N. SMITH to LAMROCK 3-2001 LIMITED, a Texas limited |
|
partnership, executed on April 30, 2001, and recorded in Document |
|
No. 200106014380 of the Official Public Records of Comal County, |
|
Texas, and an 85.763 acre tract comprised of a 57.133 acre tract as |
|
described in a PARTITION DEED between LEE E. JOHNSON and wife JEN |
|
MEI JOHNSON, executed on September 7, 1983, and recorded in Volume |
|
351, Pages 931-939 of the Deed Records of Comal County, Texas, and a |
|
28.500 acre tract as conveyed by SPECIAL WARRANTY DEED dated |
|
November 3, 1998, and recorded in Document No. 9806027705 of the |
|
Official Public Records of Comal County, Texas, and 28.477 acres of |
|
land being out of and a part of a 28.632 acre tract as conveyed by |
|
SPECIAL WARRANTY DEED from the RESOLUTION TRUST CORPORATION (RTC) |
|
to M.W. KRAFT, JR., executed on January 14, 1983, and recorded in |
|
Volume 874, Pages 72-76 of the Official Public Records of Comal |
|
County, Texas, and 27.474 acres of land being out of and a part of a |
|
27.611 acre tract as conveyed by GENERAL WARRANTY DEED from MICHAEL |
|
PAYNTER and wife THETA SCHUG PAYNTER, to MARY EVELYN FREEMAN, filed |
|
for record on June 10, 1985, and recorded in Volume 451, Pages |
|
695-697 of the Official Public Records of Comal County, Texas, and |
|
20.035 acres of land being out of and a part of a 26.6 acre tract as |
|
conveyed by WARRANTY DEED WITH VENDOR'S LIEN from EGON KOHLENBERG |
|
ET UX to LAWRENCE KOHLENBERG, and filed for record on October 18, |
|
1949, and recorded in Volume 92, Pages 43-44 of the Deed Records of |
|
Comal County, Texas, and also being out of and a part of a 103.75 |
|
acre tract as conveyed by WARRANTY DEED WITH VENDOR'S LIEN from J.M. |
|
SMITH to EGON KOHLENBERG ET UX, filed for record June 21, 1943, and |
|
Recorded in Volume 77, Pages 442-443 of the Deed Records of Comal |
|
County, Texas, and 74.803 acres of land being out of and a part of a |
|
74.44 acre tract as conveyed by DEED OF GIFT from DORACILLE |
|
KOHLENBERG, a widow, to KAREN WESCH and FAYE COOLEY, and filed for |
|
record on March 4, 1993, and recorded in Volume 873, Pages 228-229 |
|
of the Official Public Records of Comal County, Texas, and being out |
|
of and a part of a 103.75 acre tract as described in a WARRANTY DEED |
|
with VENDOR'S LIEN, filed for record June 21, 1943, and recorded in |
|
Volume 77, Pages 442-443 of the Deed Records of Comal County, Texas, |
|
and 1.002 acres of land being out of and a part of a 74.44 acre tract |
|
as conveyed by DEED OF GIFT from DORACHILLE KOHLENBERG, a widow, to |
|
KAREN WESCH and FAYE COOLEY and filed for record on March 4, 1993, |
|
and recorded in Volume 873, Pages 228-229 of the Official Public |
|
Records of Comal County, Texas, and being out of and a part of a |
|
103.75 acre tract as described in a WARRANTY DEED with VENDOR'S |
|
LIEN, filed for record June 21, 1943, and recorded in Volume 77, |
|
Pages 442-443 of the Deed Records of Comal County, Texas, and being |
|
the same parcel designated as TRACT NO. 2 (1.003 acres) by DEED OF |
|
GIFT from FAYE COOLEY to KAREN HESTAND, executed on March 14, 1996, |
|
and recorded in Document No. 9606005988 of the Official Public |
|
Records of Comal County, Texas, said 1252.958 acres of land being |
|
more particularly described as follows: |
|
BEGINNING: at a set 1/2" iron pin with plastic cap in the |
|
Southeast Right of Way Line of I.H.35 and being the Northernmost |
|
corner of this parcel and said 1015.701 acre tract and the |
|
Westernmost corner of a 69.569 acre tract as recorded in Document |
|
No. 9506481804 of the Official Public Records of Comal County, |
|
Texas; and |
|
THENCE: (1) SOUTH 45 deg. 00' 03" East, (all bearings in this |
|
description are based on Grid North of the Texas Coordinate System, |
|
NAD 83 (93) Zone 4204), a distance of 2148.79 feet along the |
|
Northwest line of this parcel and said 1015.701 acre tract and the |
|
Southwest line of said 69.569 acre tract to a found 2" iron pipe |
|
being the Southernmost corner of said 69.569 acre tract; |
|
THENCE: the following courses along the Northeast line of |
|
this parcel and said 1015.701 acre tract and the Southwest line of |
|
an 18.092 acre tract as recorded in Volume 972, Page 676 of the |
|
Official Public Records of Comal County, Texas, and the CUATRO |
|
AMIGOS SUBDIVISION as recorded in Volume 11, Page 100 of the Map and |
|
Plat Records of Comal County, Texas, and an 18.062 acre tract as |
|
recorded in Document No. 9906009211 of the Official Public Records |
|
of Comal County, Texas, and a 35.370 acre tract as recorded in |
|
Volume 85, Pages 564-565 of the Deed Records of Comal County, Texas, |
|
and a 27.00 acre tract as recorded in Volume 433, Page 473 of the |
|
Deed Records of Comal County, Texas, and a 27.00 acre tract as |
|
recorded in Volume 433, Page 475 of the Deed Records of Comal County |
|
Texas, and a 27.00 acre tract as recorded in Volume 433, Page 471 of |
|
the Deed Records of Comal County, Texas, and a 15.00 acre tract as |
|
recorded in Volume 862, Page 417 of the Official Public Records of |
|
Comal County, Texas: |
|
(2) SOUTH 44 deg. 45' 25" East, a distance of 1675.16 feet to |
|
a found 60d nail being an angle point; |
|
(3) SOUTH 44 deg. 16' 57" East, a distance of 243.82 feet to a |
|
found 60d nail being an angle point; |
|
(4) SOUTH 46 deg. 04' 58" East, a distance of 1040.03 feet to |
|
a found 60d nail being an angle point; and |
|
(5) SOUTH 45 deg. 39' 04" East, a distance of 2159.39 feet to |
|
a found 1/2" iron pin being the Northernmost corner of a 125.571 |
|
acre tract as recorded in Volume 744, Page 126 of the Official |
|
Public Records of Comal County, Texas; |
|
THENCE: the following courses along the Southeast line of |
|
this parcel and said 1015.701 acre tract and the Northwest line of |
|
said 125.571 acre tract: |
|
(6) SOUTH 47 deg. 05' 12" West, a distance of 1402.22 feet to |
|
a found 1/2" iron pin being an angle point; |
|
(7) SOUTH 41 deg. 11' 48" East, a distance of 52.89 feet to a |
|
set 1/2" iron pin with plastic cap being an angle point; and |
|
(8) SOUTH 29 deg. 55' 10" West, a distance of 3.91 feet to a |
|
set 1/2" iron pin with plastic cap, being an interior corner of this |
|
parcel and said 1015.701 acre tract and the Westernmost corner of |
|
said 125.571 acre tract; |
|
THENCE:(9) SOUTH 44 deg. 18' 16" East, a distance of 759.93 |
|
feet along the Northeast line of this parcel and said 1015.701 acre |
|
tract and the Southwest line of said 125.571 acre tract to a set |
|
1/2" iron pin with plastic cap being an angle point; and |
|
(10) SOUTH 44 deg. 50' 59" East, a distance of 2402.27 feet |
|
along the Northeast line of this parcel and said 1015.701 acre tract |
|
and the Southwest line of said 125.571 acre tract to a found 1/2" |
|
iron pin being the Northernmost corner of a 2.301 acre tract as |
|
recorded in Volume 341, Page 63 of the Deed Records of Comal County, |
|
Texas; |
|
THENCE: the following courses along the Southeast line of |
|
this parcel and said 1015.701 acre tract and the Northwest line of |
|
said 2.301 acre tract and a 2.00 acre tract as recorded in Volume |
|
62, Page 862 of the Deed Records of Comal County, Texas: |
|
(11) SOUTH 44 deg. 34' 13" West, a distance of 633.91 feet to |
|
a found 1/2" iron pin being an angle point; and |
|
(12) SOUTH 02 deg. 51' 44" East, a distance of 89.86 feet to a |
|
set 1/2" iron pin with plastic cap being the Southeast corner of |
|
this parcel and said 1015.701 acre tract and the Southwest corner of |
|
said 2.00 acre tract and being in the North Right of Way Line of F.M. |
|
1101, and being a point of curvature; |
|
THENCE: the following courses along the South line of this |
|
parcel and said 1015.701 acre tract and the North Right of Way Line |
|
of F.M. 1101: |
|
(13) 493.60 feet along the arc of a curve to the right, having |
|
a radius of 3769.80 feet, and a central angle of 07 deg. 30' 07", and |
|
whose chord bears South 84 deg. 31' 13" West, a distance of 493.25 |
|
feet to a found concrete highway monument (Type I); |
|
(14) SOUTH 88 deg. 19' 44" West, a distance of 800.02 feet to |
|
a found concrete highway monument (Type I) being an angle point; |
|
(15) SOUTH 88 deg. 19' 51" West, a distance of 1598.80 feet to |
|
a found concrete highway monument (Type I) being an angle point; |
|
(16) NORTH 86 deg. 11' 44" West, a distance of 295.61 feet to |
|
a found concrete monument (Type I) being an angle point; |
|
(17) SOUTH 88 deg. 44' 07" West, a distance of 169.63 feet to |
|
a found concrete highway monument (Type I) being an angle point; and |
|
(18) SOUTH 79 deg. 04' 08" West, a distance of 298.47 feet to |
|
a found steel fence post being the Southwest corner of said 1015.701 |
|
acre tract and the Easternmost corner of an 119.882 acre tract as |
|
recorded in Volume 1015, Page 444 of the Official Public Records of |
|
Comal County, Texas; |
|
THENCE: the following courses along the Southwest line of |
|
this parcel and said 1015.701 acre tract and the Northeast line of |
|
said 119.882 acre tract: |
|
(19) NORTH 45 deg. 28' 52" West, a distance of 1565.19 feet to |
|
a found 1/4" iron pin being an interior corner of this parcel and |
|
said 1015.701 acre tract; |
|
(20) SOUTH 57 deg. 43' 21" West, a distance of 155.81 feet to |
|
a found fence post being an angle point; |
|
(21) SOUTH 57 deg. 21' 38" West, a distance of 836.82 feet to |
|
a found 3/8" iron pin being an exterior corner of this parcel and |
|
said 1015.701 acre tract; |
|
(22) NORTH 44 deg. 02' 14" West, a distance of 507.09 feet to |
|
a found fence post being an angle point; and |
|
(23) NORTH 45 deg. 03' 47" West, a distance of 469.71 feet to |
|
a found 3/8" iron pin being the Easternmost corner of a 57.133 acre |
|
tract as recorded in Volume 351, Pages 931-939 of the Deed Records |
|
of Comal County, Texas; and |
|
THENCE: (24) SOUTH 56 deg. 54' 03" West, a distance of 1110.45 |
|
feet along the Southeast line of this parcel and said 57.133 acre |
|
tract and said 28.500 acre tract and the Northeast line of said |
|
119.882 acre tract to a found 1/2" iron pin being the Southernmost |
|
corner of said 28.500 acre tract and the Easternmost corner of a |
|
28.632 acre tract as recorded in Volume 874, Pages 72-76 of the Deed |
|
Records of Comal County, Texas; |
|
THENCE: (25) SOUTH 56 deg. 54' 03" West, a distance of 439.45 |
|
feet along the Southeast line of this parcel and said 28.632 acre |
|
tract and the Northwest line of said 119.882 acre tract to a found |
|
1/2" iron pin being the Southernmost corner of said 28.632 acre |
|
tract and the Easternmost corner of a 27.611 acre tract as recorded |
|
in Volume 451, Pages 695-697 of the Deed Records of Comal County, |
|
Texas; |
|
THENCE: (26) SOUTH 56 deg. 53' 33" West, a distance of 320.67 |
|
feet along the Southeast line of this parcel and said 27.611 acre |
|
tract and the Northwest line of said 119.882 acre tract to a found |
|
3/8" iron pin in the Northeast line of a 74.44 acre tract as |
|
recorded in Volume 873, Pages 228-229 of the Official Public |
|
Records of Comal County, Texas, and being the Southernmost corner |
|
of this parcel and said 27.611 acre tract; |
|
THENCE: (27) SOUTH 44 deg. 49' 00" East, a distance of 291.65 |
|
feet along the Northeast line of this parcel and said 74.44 acre |
|
tract and the Southwest line of said 119.882 acre tract to a wood |
|
corner post being the Easternmost corner of said 74.44 acre tract; |
|
THENCE: (28) SOUTH 45 deg. 08' 03" West, a distance of 1414.62 |
|
feet along the Southeast line of this parcel and said 74.44 acre |
|
tract and the Northwest line of a 49.18 acre tract as recorded in |
|
Document No. 200006018425 of the Official Public Records of Comal |
|
County, Texas, and a 3.00 acre tract as recorded in Volume 512, Page |
|
254 of the Deed Records of Comal County, Texas, to a set 1/2" iron |
|
pin with plastic cap in the Northeast Right of Way Line of |
|
Kohlenberg Road, and being the Southernmost corner of said 74.44 |
|
acre tract and the Westernmost corner of said 3.000 acre tract; |
|
THENCE: (29) NORTH 44 deg. 37' 29" West, a distance of 1423.84 |
|
feet along the Southwest line of this parcel and said 74.44 acre |
|
tract and said 103.75 acre tract and the Northeast Right of Way Line |
|
of Kohlenberg Road to a set 1/2" iron pin with plastic cap being the |
|
Southernmost corner of a 1.736 acre tract and designated as TRACT |
|
NO. 1, and recorded in Document No. 9606005988 of the Official |
|
Public Records of Comal County, Texas; |
|
THENCE: (30) NORTH 33 deg. 57' 40" East, a distance of 411.84 |
|
feet along the Northwest line of this parcel and the Southeast line |
|
of said 1.736 acre tract to a found 3/8" iron pin being the |
|
Easternmost corner of this parcel; |
|
THENCE: (31) NORTH 68 deg. 19' 31" West, a distance of 242.07 |
|
feet along the Southwest line of this parcel and the Northeast line |
|
of said 1.736 acre tract to a found 1/2" iron pin being the |
|
Northernmost corner of said 1.736 acre tract; and |
|
THENCE: (32) SOUTH 22 deg. 37' 45" West, a distance of 332.23 |
|
feet along the Southeast line of this parcel and the Northwest line |
|
of said 1.736 acre tract to a found 1/2" iron pin in the Northeast |
|
Right of Way Line of Kohlenberg Road, and being the Westernmost |
|
corner of said 1.736 acre tract; |
|
THENCE: the following courses along the Southwest line of |
|
this parcel and said 74.44 acre tract and the Northeast Right of Way |
|
Line of said Kohlenberg Road, and the cutback Right of Way Line to |
|
I.H.35: |
|
(33) NORTH 44 deg. 37' 29" West, a distance of 399.53 feet to |
|
a found concrete highway monument (Type I) and being an angle point; |
|
(34) NORTH 34 deg. 38' 01" West, a distance of 102.61 feet to |
|
a found concrete highway monument (Type I) being an angle point; |
|
(35) NORTH 44 deg. 39' 10" West, a distance of 149.81 feet to |
|
a found concrete highway monument (Type I) being an angle point; |
|
(36) NORTH 32 deg. 12' 31" West, a distance of 174.23 feet to |
|
said 74.44 acre tract and the Southernmost corner of a 19.31 acre |
|
tract as recorded in Volume 92, Pages 43-44 of the Deed Records of |
|
Comal County, Texas; |
|
(37) NORTH 32 deg. 12' 31" West, a distance of 48.81 feet to a |
|
found concrete highway monument (Type I) being an angle point; |
|
(38) NORTH 17 deg. 45' 14" West, a distance of 210.69 feet to |
|
a found concrete highway monument (Type I) being an angle point; |
|
(39) NORTH 06 deg. 34' 20" West, a distance of 302.39 feet to |
|
a found concrete highway monument (Type I) being an angle point; and |
|
(40) NORTH 58 deg. 18' 56" West, a distance of 173.56 feet to |
|
a found concrete highway monument (Type I) at the intersection of |
|
the Southeast Right of Way Line of I.H. 35 with the Northeast |
|
cutback line of Kohlenberg Road and being the Westernmost corner of |
|
this parcel and said 19.31 acre tract; |
|
THENCE: (41) NORTH 31 deg. 26' 12" East, a distance of 1091.64 |
|
feet along the Northwest line of this parcel and the Southeast Right |
|
of Way Line of said I.H.35 to a set 1/2" iron pin with plastic cap |
|
being the Northernmost corner of this parcel and the Westernmost |
|
corner of a 3.560 acre tract as recorded in Document No. |
|
200406003961 of the Official Public Records of Comal County, Texas; |
|
THENCE: (42) SOUTH 45 deg. 19' 36" East, a distance of 610.43 |
|
feet along the Northeast line of this parcel and said 19.31 acre |
|
tract and said 103.75 acre tract and the Southwest line of said |
|
3.560 acre tract to a found 1/2" iron pin being the Southernmost |
|
corner of said 3.560 acre tract; |
|
THENCE: (43) NORTH 38 deg. 14' 02" East, a distance of 296.28 |
|
feet along the Northwest line of this parcel and said 27.611 acre |
|
tract and the Southeast line of said 3.560 acre tract to a found |
|
1/2" iron pin being the Easternmost corner of said 3.560 acre tract; |
|
THENCE: (44) NORTH 53 deg. 45' 08" West, a distance of 631.50 |
|
feet along the Southwest line of this parcel and said 27.611 acre |
|
tract and the Northeast line of said 3.560 acre tract to a found |
|
1/2" iron pin in the Southeast Right of Way Line of said I.H. 35, and |
|
being the Northernmost corner of said 3.560 acre tract; |
|
THENCE: (45) NORTH 31 deg. 26' 12" East, a distance of 245.64 |
|
feet along the Northwest line of this parcel and said 27.611 acre |
|
tract and the Southeast Right of Way Line of said I.H. 35 to a found |
|
1/2" iron pin being the Westernmost corner of the remainder of a |
|
2.35 acre tract as recorded in Volume 293, Pages 371-373 of the Deed |
|
Records of Comal County, Texas; |
|
THENCE: (46) SOUTH 41 deg. 20' 52" East, a distance of 507.94 |
|
feet along the Northeast line of this parcel and said 27.611 acre |
|
tract and the Southwest line of said 2.35 acre tract to a found 1/2" |
|
iron pin being the Southernmost corner of said 2.35 acre tract; |
|
THENCE: (47) NORTH 53 deg. 30' 10" East, a distance of 151.22 |
|
feet along the Northwest line of this parcel and said 27.611 acre |
|
tract and the Southeast line of said 2.35 acre tract to a found 1/2" |
|
iron pin being the Easternmost corner of said 2.35 acre tract and |
|
the Southwest line of said 28.632 acre tract; |
|
THENCE: (48) NORTH 41 deg. 10' 27" West, a distance of 567.95 |
|
feet along the Southwest line of this parcel and said 28.632 acre |
|
tract and the Northeast line of said 2.35 acre tract to a found 1/2" |
|
iron pin in the Southeast Right of Way Line of I.H.35; |
|
THENCE: (49) NORTH 31 deg. 26' 12" East, a distance of 249.72 |
|
feet along the Northwest line of this parcel and said 28.632 acre |
|
tract and the Southeast Right of Way Line of I.H.35 to a set 1/2" |
|
iron pin with plastic cap being a point of curvature; |
|
THENCE: (50) 152.44 feet along the arc of a curve to the |
|
right, having a radius of 22784.31 feet, and a central angle of 00 |
|
deg. 23' 00", and whose chord bears North 31 deg. 37' 42" East, a |
|
distance of 152.44 feet to a found concrete highway monument being a |
|
point of tangency; |
|
THENCE: (51) NORTH 31 deg. 50' 19" East, a distance of 263.09 |
|
feet along the Northwest line of this parcel and said 28.500 acre |
|
tract and the Southeast Right of Way Line of I.H.35 to a found 1/2" |
|
iron pin being the Northernmost corner of said 28.500 acre tract and |
|
the Westernmost corner of said 57.133 acre tract; |
|
THENCE: (52) NORTH 31 deg. 50' 19" East, a distance of 663.99 |
|
feet along the Northwest line of this parcel and said 57.133 acre |
|
tract and the Southeast Right of Way Line of I.H.35 to a found 1/2" |
|
iron pin being the Northernmost corner of said 57.133 acre tract and |
|
the Westernmost corner of said 1015.707 acre tract; |
|
THENCE: the following courses along the Northwest line of |
|
this parcel and said 1015.707 acre tract and the Southeast Right of |
|
Way Line of I.H.35: |
|
(53) NORTH 31 deg. 50' 19" East, a distance of 1855.01 feet to |
|
a found concrete highway monument (Type I) being an angle point; |
|
(54) NORTH 35 deg. 26' 30" East, a distance of 301.34 feet to |
|
a found concrete highway monument (Type I) being an angle point; |
|
THENCE: (55) NORTH 32 deg. 05' 44" East, a distance of 72.07 |
|
feet to a found concrete highway monument (Type I) being a point of |
|
curvature; |
|
THENCE: (56) 543.39 feet along the arc of a curve to the left, |
|
having a radius of 23072.30 feet, and a central angle of 01 deg. 20' |
|
58", and whose chord bears North 31 deg. 12' 58" East, a distance of |
|
543.37 feet to a found concrete highway monument (Type I) being a |
|
point of tangency; |
|
THENCE: (57) NORTH 30 deg. 26' 03" East, a distance of 789.05 |
|
feet to a found concrete highway monument (Type I) being an angle |
|
point; |
|
THENCE: (58) NORTH 26 deg. 48' 12" East, a distance of 299.65 |
|
feet to a found concrete highway monument (Type I) being an angle |
|
point; and |
|
THENCE: (59) NORTH 30 deg. 29' 02" East, a distance of 2033.01 |
|
feet to a set 1/2" iron pin with plastic cap being the POINT OF |
|
BEGINNING, containing 1252.958 acres of land. |
|
PART 1: |
|
635.060 acres (27,663,214 sq. ft.) of land out of the NANCY KENNER |
|
LEAGUE survey No. 3, Abstract No. 306, Comal County, Texas and being |
|
designated as a 236.949 acre tract (McDONOUGH) tract as conveyed by |
|
SPECIAL WARRANTY DEED from NATIONSBANK OF TEXAS, N.A. TRUSTEE to |
|
JAMES P. McDONOUGH, JR., dated December 31, 1996 and recorded in |
|
Document No. 9706001893 of the Official Public Records of Comal |
|
County, Texas and also being comprised of TRACT I (63.024 acre |
|
tract) and TRACT III (164.150 acre tract) as conveyed by a SPECIAL |
|
WARRANTY DEED from Bank of America, N.A., as Successor Trustee to |
|
Nations / Bank of Texas, N.A., Trustee of the Bill and Darolyn Worth |
|
Living Trust under Agreement dated January 9, 1987 and as Trustee |
|
under Agreement of the Irvin Management Trust and Larry Irvin to |
|
James P. McDonough, Jr., dated April 14, 2006 and recorded in |
|
Document No. 200606016820 of the Official Public Records of Comal |
|
County, Texas, and also being all of a 170.902 acre tract described |
|
in a SUBSTITUTE TRUSTEE'S DEED from CECIL W. TALLEY, Trustee to |
|
CECIL EARL HILLBURN, dated August 6, 1991 and recorded in Volume |
|
777, Pages 581-586 of the Official Public Records of Comal County, |
|
Texas said 635.060 acres (27,663,214 sq. ft.) of land being more |
|
particularly described as follows: |
|
BEGINNING: at a set 1/2" iron pin with plastic cap "stamped |
|
4233" in the Northwest Right of Way Line of I.H. 35 and being |
|
Easternmost corner of a 9.785 acre tract conveyed by Archie |
|
Ladshaw, et al to John Ladshaw by Deed dated March 28, 1984 and |
|
recorded in Volume 378, Pages 799-801 of the Official Public |
|
Records of Comal County, Texas, and the Southernmost corner of this |
|
parcel and said 236.949 acre tract (Grid N = 13,826,036.7772, Grid E |
|
= 2,270,776.7688, Scale factor of 1.00014 for surface adjustment); |
|
THENCE: (1) NORTH 46 deg 00'07" West, (all bearings in this |
|
descriptions are referenced to Grid North of the Texas Coordinate |
|
System, Zone 4204, NAD 83 (93)), a distance of 3310.77 feet along |
|
the Southwest line of this parcel and the Northeast line of said |
|
9.785 acre tract to a found 1/2" iron pin being the Northernmost |
|
corner of said 9.785 acre tract and an interior corner of this |
|
parcel; |
|
THENCE: the following courses along the Southeast line of |
|
this parcel and said 236.949 acre tract and the Northwest line of |
|
said 9.785 acre tract and a 240.485 acre tract conveyed by Elizabeth |
|
Wagner, a widow to Archie Ladshaw, et al by Deed dated January 14, |
|
1967 and recorded in Volume 153, Pages 331-333 of the Deed Records |
|
of Comal County, Texas and the Northwest line of a 44.290 acre tract |
|
conveyed by HARVEY PAPE and wife, LEORA PAPE to PAPE'S FAMILY FARM, |
|
LTD, a Texas Limited Partnership, dated February 27, 2004 and |
|
recorded in Document No. 200406007834 of the Official Public |
|
Records of Comal County, Texas: |
|
(2) SOUTH 44 deg 34'57" West, a distance of 1355.26 feet to a |
|
found 1/2" iron pin being an angle point; |
|
(3) SOUTH 45 deg 11'30" East, a distance of 43.65 feet to a |
|
found 1/2" iron pin being an angle point; and |
|
(4) SOUTH 44 deg 30'57" West, a distance of 1742.25 feet to a |
|
found 1/2" iron pin being the Easternmost corner of a 70.688 acre |
|
tract conveyed by ALAN ROMPLE also known as ALAN E. ROMPEL, SR. and |
|
wife LINDA ROMPEL to CONRADS ROAD, LTD, dated January 9, 2004, and |
|
recorded in Document No. 200406000885 of the Official Public |
|
Records of Comal County, Texas; |
|
THENCE: (5) NORTH 45 deg 23'39" West, a distance of 3537.43 |
|
feet along the Southwest line of this parcel and said 236.949 acre |
|
tract and the Northeast line of said 70.688 acre tract to a set 1/2" |
|
iron pin with plastic cap "stamped 4233" in the Southeast Right of |
|
Way of the Union Pacific Railroad (formerly known as the |
|
INTERNATIONAL & GT NORTHERN RY. CO.) and being the Westernmost |
|
corner of this parcel and said 236.949 acre tract and the |
|
Northernmost corner of said 70.688 acre tract; and being a point of |
|
curvature; |
|
THENCE: the following courses along the Northwest line of |
|
this parcel and the Southeast Right of Way line of the Union Pacific |
|
Railroad: |
|
(6) 1319.73 feet along the arc of a curve to the right, having |
|
a radius of 5679.65 feet, and a central angle of 13 deg 18'48", and |
|
whose chord bears North 56 deg 11'48" East, a distance of 1316.76 |
|
feet to a set 1/2" iron pin with plastic cap "stamped 4233" being a |
|
point of tangency; |
|
(7) NORTH 62 deg 51'12" East, a distance of 1677.18 feet to a |
|
set 1/2" iron pin with plastic cap "stamped 4233" being a point of |
|
curvature; and |
|
(8) 1022.68 feet along the arc of a curve to the left, having |
|
a radius of 2914.93 feet and a central angle of 20 deg 06'06", and |
|
whose chord bears North 52 deg 48'09" East, a distance of 1017.43 |
|
feet to a set 1/2" iron pin with plastic cap "stamped 4233" being a |
|
point of tangency; and |
|
(9) NORTH 42 deg. 45' 06" East, a distance of 385.90 feet to a |
|
set 1/2" iron pin with plastic cap "stamped 4233" being the |
|
Northernmost corner of this parcel and said 63.024 acre tract and |
|
the Westernmost corner of a 200.240 acre tract as conveyed by |
|
SPECIAL WARRANTY DEED WITH VENDOR'S LIEN from MARTIN MARIETTA |
|
MATERIALS SOUTHWEST, LTD. to BLUEGREEN SOUTHWEST ONE, L.P., A |
|
Delaware Limited Partnership, executed July 19, 2005 and recorded |
|
in Document No. 200506026533 of the Official Public Records of |
|
Comal County, Texas; |
|
THENCE: (10) SOUTH 45 deg. 58' 46" East, a distance of 2471.01 |
|
feet along the Northeast line of this parcel and said 63.024 acre |
|
tract and the Southwest line of said 200.240 acre tract to a found |
|
1/2" iron pin being an interior corner of this parcel and the |
|
Westernmost corner of said 170.902 acre tract and the Southernmost |
|
of said 200.240 acre tract; |
|
THENCE: the following courses along the Northwest line of |
|
this parcel and said 170.902 acre tract and the Southeast line of |
|
said 200.240 acre tract and a 7.46 acre tract conveyed by MCDONOUGH |
|
BROTHER'S, INCORPORATED to CITY OF NEW BRAUNFELS (UTILITIES) |
|
executed June 8, 1979 and recorded in Volume 283, Pages 775-776 of |
|
the Deed Records of Comal County, Texas; |
|
(11) NORTH 43 deg 09'01" East, a distance of 2596.32 feet to a |
|
wood fence post being an angle point; and |
|
(12) NORTH 42 deg 57'44" East, a distance of 1556.85 feet to a |
|
found 1/2" iron pin with plastic cap stamped "OVERBY-DESCAMPS" |
|
being the Northernmost corner said 170.902 acre tract and an |
|
interior corner of said 200.240 acre tract; |
|
THENCE: the following courses along the Northeast line of |
|
this parcel and said 170.902 acre tract and the Southwest line of |
|
said 200.240 acre tract: |
|
(13) SOUTH 46 deg 50'12" East, a distance of 702.27 feet to a |
|
set 1/2" iron pin with plastic cap "stamped 4233" being an angle |
|
point; |
|
(14) SOUTH 46 deg 29'50" East, a distance of 817.93 feet to a |
|
wood fence post being an angle point; and |
|
(15) SOUTH 47 deg 00'31" East, a distance of 722.97 feet to a |
|
set 1/2" iron pin with plastic cap "stamped 4233" in the Northwest |
|
Right of Way Line of I.H. 35 and being the Easternmost corner of |
|
this parcel and said 170.902 acre tract and a re-entrant corner of |
|
said 200.240 acre tract; |
|
THENCE: (16) SOUTH 32 deg 08'27" West, a distance of 1684.15 |
|
feet along the Southeast line of this parcel and said 170.902 acre |
|
tract and the Northwest Right of Way Line of I.H. 35 to a set 1/2" |
|
iron pin with plastic cap "stamped 4233" being a re-entrant corner |
|
to said 170.902 acre tract and the Easternmost corner of a 164.150 |
|
acre tract (designated TRACT III) conveyed by SPECIAL WARRANTY DEED |
|
to James P. McDonough, Jr., dated April 14, 2006 and recorded in |
|
Document No. 200606016820 of the Official Public Records of Comal |
|
County, Texas; |
|
THENCE: the following courses along the Southeast line of |
|
this parcel and said 164.150 acre tract and the Northwest Right of |
|
Way Line of I.H. 35: |
|
(17) SOUTH 32 deg. 08' 27" West, a distance of 704.69 feet to |
|
a found Type I TxDOT concrete monument being a point of curvature; |
|
(18) 338.16 feet along the arc of a curve to the left, having |
|
a radius of 11,625.15 feet, and a central angle of 01 deg. 40' 00", |
|
and whose chord bears South 31 deg. 15' 06" West, a distance of |
|
338.15 feet to a found Type I TxDOT concrete monument being a point |
|
of tangency; |
|
(19) SOUTH 30 deg. 29' 02" West, a distance of 1147.92 feet to |
|
a set 1/2" iron pin with plastic cap "stamped 4233" being an angle |
|
point; |
|
(20) SOUTH 34 deg. 18' 02" West, a distance of 300.46 feet to |
|
a set 1/2" iron pin with plastic cap "stamped 4233" being an angle |
|
point; |
|
(21) SOUTH 30 deg. 29' 02" West, a distance of 1000.00 feet to |
|
a found Type I TxDOT concrete monument being an angle point; and |
|
(22) SOUTH 26 deg. 39' 57" West, a distance of 266.94 feet to |
|
a set 1/2" iron pin with plastic cap "stamped 4233" being the |
|
Southernmost corner of said 164.150 acre tract and the Easternmost |
|
corner of a 236.949 acre tract as conveyed by SPECIAL WARRANTY DEED |
|
from NATIONSBANK OF TEXAS, N.A., TRUSTEE to JAMES P. McDONOUGH JR., |
|
dated December 31, 1996, and recorded in Document No. 9706001893 of |
|
the Official Public Records of Comal County, Texas; |
|
THENCE: the following courses along the Southeast line of |
|
this parcel and said 236.949 acre tract and the Northwest Right of |
|
Way Line of said I.H. 35: |
|
(23) SOUTH 26 deg 39'57" West, a distance of 33.42 feet to a |
|
set 1/2" iron pin with plastic cap "stamped 4233" being an angle |
|
point; and |
|
(24) SOUTH 30 deg 29'02" West, a distance of 49.00 feet to a |
|
set 1/2" iron pin with plastic cap "STAMPED 4233" being the POINT OF |
|
BEGINNING, containing 635.060 acres (27,663,214 sq. ft.) of land. |
|
PART 2: |
|
96.074 acres (4,184,983 sq. ft.) of land out of the NANCY |
|
KENNER LEAGUE SURVEY NO. 3, Abstract No. 306, Comal County, Texas, |
|
and comprising of TRACT II (0.529 of an acre tract), TRACT IV |
|
(53.350 acre tract) and TRACT V (14.423 acre tract) as conveyed by |
|
said SPECIAL WARRANTY DEED dated April 14, 2006, and recorded in |
|
Document No. 200606016820 of the Official Public Records of Comal |
|
County, Texas, and also being all of a 27.593 acre tract as conveyed |
|
NATIONSBANK OF TEXAS, N.A., TRUSTEE to JAMES P. McDONOUGH, JR., |
|
dated December 31, 1996 and recorded in Document No. 9706001893 of |
|
the Official Public Records of Comal County, Texas, said 96.074 |
|
acres (4,184,983 sq. ft.) of land being more particularly described |
|
as follows: |
|
BEGINNING: at a found 1" diameter iron pipe in the Southeast |
|
Right of Way Line of F.M. Road 1102 and being the Northernmost |
|
corner of this parcel and said 14.423 acre tract and being the |
|
Westernmost corner of an 88.193 acre tract (designated as TRACT 3) |
|
conveyed by SPECIAL WARRANTY DEED WITH VENDOR'S LIEN, to BLUEGREEN |
|
SOUTHWEST ONE, L.P., a Delaware Partnership, executed on July, 19, |
|
2005 and recorded in Document No. 200506026533 of the Official |
|
Public Records of Comal County, Texas (Grid N = 13,832,027.6173, |
|
Grid E = 2,266,296.3350, Scale factor of 1.00014 for surface |
|
adjustment); |
|
THENCE: (1) SOUTH 46 deg. 01' 39" East, a distance of 1319.31 |
|
feet along the Northeast line of this parcel and said 14.423 acre |
|
tract and the Southwest line of said 88.193 acre tract to a found |
|
1/2" iron pin in the Northwest Right of Way Line of the Union |
|
Pacific Railroad (formerly known as the Missouri Kansas and Texas |
|
Railroad) and being the Easternmost corner of this parcel and said |
|
14.423 acre tract and the Southernmost corner of said 88.193 acre |
|
tract; |
|
THENCE: the following courses along the Southeast line of |
|
this parcel and said TRACT V, TRACT II and TRACT IV and the |
|
Northwest Right of Way Line of said Union Pacific Railroad: |
|
(2) SOUTH 42 deg. 45' 06" West, a distance of 365.33 feet to a |
|
set 1/2" iron pin with plastic cap "stamped 4233" being a point of |
|
curvature; |
|
(3) 986.76 feet along the arc of a curve to the right, having |
|
a radius of 2814.90 feet, and a central angle of 20 deg. 05' 06", and |
|
whose chord bears South 52 deg. 47' 39" West, a distance of 981.71 |
|
feet to a set 1/2" iron pin with plastic cap "stamped 4233" being a |
|
point of tangency; |
|
(4) SOUTH 62 deg. 50' 12" West, a distance of 832.41 feet to a |
|
set 1/2" iron pin with plastic cap "stamped 4233" being an angle |
|
point; |
|
(5) NORTH 45 deg. 03' 04" West, a distance of 52.54 feet to a |
|
found 1/2" iron pin being an angle point, and |
|
(6) SOUTH 62 deg. 50' 12" West, a distance of 799.35 feet to a |
|
set 1/2" iron pin with plastic cap "stamped 4233" being the |
|
Southernmost corner said 53.350 acre tract and the Easternmost |
|
corner of a 27.593 acre tract as conveyed by SPECIAL WARRANTY DEED |
|
from NATIONSBANK OF TEXAS, N.A., TRUSTEE to JAMES P. McDONOUGH, |
|
JR., dated December 31, 1996 and recorded in Document No. |
|
9706001893 of the Official Public Records of Comal County, Texas; |
|
THENCE: the following courses along the Southeast line of |
|
this parcel and said 27.593 acre tract and the Northwest Right of |
|
Way of said Union Pacific Railroad: |
|
(7) SOUTH 62 deg 50'12" West, a distance of 113.44 feet to a |
|
set 1/2" iron pin with plastic cap "stamped 4233" being a point of |
|
curvature |
|
(8) 293.35 feet along the arc of a curve to the left having a |
|
radius of 5829.65 feet and a central angle of 02 deg 52'59", and |
|
whose chord bears South 61 deg 23'42" West, a distance of 293.32 |
|
feet to a found 1/2" iron pin being an angle point; |
|
(9) SOUTH 30 deg 16'22" East, a distance of 50.00 feet to a |
|
set 1/2" iron pin with plastic cap "stamped 4233" being a point of |
|
curvature; |
|
(10) 417.76 feet along the arc of a curve to the left, having |
|
a radius of 5779.65 feet, and a central angle of 04 deg 08'29", and |
|
whose chord bears South 57 deg 53'05" West, a distance of 417.67 |
|
feet to a set 1/2" iron pin with plastic cap "stamped 4233" being an |
|
angle point |
|
(11) NORTH 44 deg 21'29" West, a distance of 30.48 feet to a |
|
found 1/2" iron pin being a point of curvature |
|
(12) 736.56 feet along the arc of a curve to the left, having |
|
a radius of 5809.65 feet, and a central angle of 07 deg 15'51", and |
|
whose chord bears South 52 deg 07'44" West, a distance of 736.07 |
|
feet to found 1/2" iron pin being an angle point; |
|
(13) SOUTH 43 deg 16'40" East, a distance of 30.01 feet to set |
|
1/2" iron pin with plastic cap "stamped 4233" being a point of |
|
curvature; |
|
(14) 66.71 feet along the arc of a curve to the left, having a |
|
radius of 5779.65 feet, and a central angle of 00 deg 39'41", and |
|
whose chord bears South 48 deg 10'31" West, a distance of 66.71 feet |
|
to a set 1/2" iron pin with plastic cap "stamped 4233" being a point |
|
of tangency; and |
|
(15) SOUTH 47 deg 50'41" West, a distance of 437.51 feet to a |
|
found 1/2" iron pin being the Southernmost corner of the parcel and |
|
said 27.593 acre tract and the Easternmost corner of a 3 acre tract |
|
conveyed by SHERMAN W. WEST ET UX TO CLAUDIO MENDEZ ET UX executed |
|
on May 17, 1962, and recorded in Volume 128, Pages 374-376 of the |
|
Deed Records of Comal County, Texas. |
|
THENCE: (16) NORTH 45 deg 40'16" West, a distance of 654.40 |
|
feet along the Southwest line of this parcel and said 27.593 acre |
|
tract and the Northeast line of said 3 acre tract to a found 1/2" |
|
iron pin in the Southeast Right of Way Line of F.M. Road 1102 and |
|
being the Westernmost corner of this parcel and said 27.593 acre |
|
tract and the Northernmost corner of said 3 acre tract. |
|
THENCE: the following courses along the Northwest line of |
|
this parcel and said 27.593 acre tract and the Southeast Right of |
|
Way Line of said F.M. Road 1102: |
|
(17) NORTH 44 deg 22'56" East, a distance of 133.92 feet to a |
|
found 1/2" iron pin being a point of curvature; |
|
(18) 645.06 feet along the arc of a curve to the right, having |
|
a radius of 2824.90 feet, and a central angle of 13 deg 05'00", and |
|
whose chord beard north 50 deg 57'36" East, a distance of 643.66 |
|
feet to a found 1/2" iron pin being a point of tangency; |
|
(19) NORTH 57 deg 26'58" East, a distance of 149.84 feet to a |
|
found 1/2" iron pin being an angle point; |
|
(20) NORTH 61 deg 11'34" East, a distance of 365.34 feet to a |
|
found 1/2" iron pin being an angle point; |
|
(21) NORTH 64 deg 42'33" East, a distance of 388.56 feet to a |
|
found 1/2" iron pin being a point of curvature; and |
|
(22) 470.90 feet along the arc of a curve to the left, having |
|
a radius of 1472.70 feet, and a central angle of 18 deg 19'14", and |
|
whose chord bears North 55 deg 55'39" East, a distance of 468.90 |
|
feet to a found 1/2" iron pin being the Northernmost corner of said |
|
27.593 acre tract and the Westernmost corner of said 53.350 acre |
|
tract (designated as TRACT IV) of said SPECIAL WARRANTY DEED; |
|
THENCE: the following courses along the Northwest line of |
|
this parcel and said 53.350 acre tract, said 0.529 of an acre tract, |
|
and said 14.423 acre tract and the Southeast Right of Way Line of |
|
said F.M. 1102: |
|
(23) NORTH 46 deg. 34' 14" East, a distance of 419.44 feet to |
|
a found 1/2" iron pin being a point of curvature; |
|
(24) 296.68 feet along the arc of a curve to the left, having |
|
a radius of 1950.10 feet, and a central angle of 08 deg. 43' 00", and |
|
whose chords bears North 42 deg. 13' 24" East, a distance of 296.39 |
|
feet to a found 1/2"iron pin being a point of tangency; |
|
(25) NORTH 37 deg. 52' 39" East, a distance of 625.38 feet to |
|
a found 1/2" iron pin being a point of curvature; |
|
(26) 392.79 feet along the arc of a curve to the right, having |
|
a radius of 5689.70 feet, and a central angle of 03 deg. 57' 19", and |
|
whose chord bears North 39 deg. 59' 23" East, a distance of 392.71 |
|
feet to a set 1/2" iron pin with plastic cap "stamped 4233' being a |
|
point of tangency; |
|
(27) NORTH 40 deg. 31' 03" East, a distance of 46.82 feet to a |
|
found 3/8" iron pin being an angle point; |
|
(28) NORTH 41 deg. 54' 40" East, a distance of 651.39 feet to |
|
a found 1/2" iron pin being an angle point; |
|
(29) NORTH 47 deg. 13' 29" East, a distance of 350.23 feet to |
|
a found 1/2" iron pin being an angle point; and |
|
(30) NORTH 52 deg. 37' 59" East, a distance of 47.66 feet to a |
|
found 1" diameter iron pipe being the POINT OF BEGINNING, and |
|
containing 96.074 acres (4,184,983 sq. ft.) of land. |
|
SECTION 5. (a) The legal notice of the intention to |
|
introduce this Act, setting forth the general substance of this |
|
Act, has been published as provided by law, and the notice and a |
|
copy of this Act have been furnished to all persons, agencies, |
|
officials, or entities to which they are required to be furnished |
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
Government Code. |
|
(b) The governor, one of the required recipients, has |
|
submitted the notice and Act to the Texas Commission on |
|
Environmental Quality. |
|
(c) The Texas Commission on Environmental Quality has filed |
|
its recommendations relating to this Act with the governor, 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 6. (a) Section 7206.103, Special District Local |
|
Laws Code, as added by Section 1 of this Act, takes effect only if |
|
this Act receives a two-thirds vote of all the members elected to |
|
each house. |
|
(b) If this Act does not receive a two-thirds vote of all the |
|
members elected to each house, Subchapter C, Chapter 7206, Special |
|
District Local Laws Code, as added by Section 1 of this Act, is |
|
amended by adding Section 7206.103 to read as follows: |
|
Sec. 7206.103. NO EMINENT DOMAIN POWER. The district may |
|
not exercise the power of eminent domain. |
|
(c) This section is not intended to be an expression of a |
|
legislative interpretation of the requirements of Subsection (c), |
|
Section 17, Article I, Texas Constitution. |
|
(d) If another state agency, including the Public Utility |
|
Commission of Texas, succeeds to the power, authority, duties, or |
|
jurisdiction of the Texas Commission on Environmental Quality for |
|
any matter addressed by this Act, then any reference in this Act to |
|
the Texas Commission on Environmental Quality as to those matters |
|
means the successor agency. All compensation owed to the Crystal |
|
Clear Water Supply Corporation under Section 13.254, Water Code, |
|
whether liquidated or not, for the area decertified by order of the |
|
Texas Commission on Environmental Quality under Application No. |
|
37192-C, and all claims, causes of action, choses in action, |
|
rights, benefits, and interest are considered an asset of the |
|
corporation, and on transfer of the assets of the corporation to the |
|
district, such claims, causes of action, choses in action, rights, |
|
benefits, interest, and compensation is owed to, and accrues to, |
|
the district. |
|
SECTION 7. 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, 2013. |
|
|
|
|
|
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
I hereby certify that S.B. No. 1116 passed the Senate on |
|
April 25, 2013, by the following vote: Yeas 30, Nays 0; and that |
|
the Senate concurred in House amendment on May 25, 2013, by the |
|
following vote: Yeas 30, Nays 0. |
|
|
|
|
______________________________ |
|
Secretary of the Senate |
|
|
I hereby certify that S.B. No. 1116 passed the House, with |
|
amendment, on May 22, 2013, by the following vote: Yeas 147, |
|
Nays 1, two present not voting. |
|
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
|
|
|
Approved: |
|
|
|
______________________________ |
|
Date |
|
|
|
|
|
______________________________ |
|
Governor |