Bill Text: TX SB305 | 2015-2016 | 84th Legislature | Comm Sub

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Bill Title: Relating to the creation of the Cotton Center Municipal Utility District No. 1; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2015-05-08 - Not again placed on intent calendar [SB305 Detail]

Download: Texas-2015-SB305-Comm_Sub.html

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By: Zaffirini S.B. No. 305
(In the Senate - Filed January 15, 2015; February 2, 2015,
read first time and referred to Committee on Intergovernmental
Relations; April 29, 2015, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 7, Nays 0;
April 29, 2015, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 305 By: Garcia

A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Cotton Center Municipal Utility
District No. 1; granting a limited power of eminent domain;
providing authority to issue bonds; providing authority to impose
assessments, fees, and taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 8492 to read as follows:
CHAPTER 8492. COTTON CENTER MUNICIPAL UTILITY DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8492.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Director" means a board member.
(4) "District" means the Cotton Center Municipal
Utility District No. 1.
Sec. 8492.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8492.003. CONFIRMATION AND DIRECTORS' ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 8492.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 8492.003
until each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located has
consented by ordinance or resolution to the creation of the
district and to the inclusion of land in the district.
Sec. 8492.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
(a) The district is created to serve a public purpose and benefit.
(b) The district is created to accomplish the purposes of:
(1) a municipal utility district as provided by
general law and Section 59, Article XVI, Texas Constitution; and
(2) Section 52, Article III, Texas Constitution, that
relate to the construction, acquisition, improvement, operation,
or maintenance of macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 8492.006. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act enacting this chapter form a closure. A mistake made in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose a tax; or
(4) legality or operation.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8492.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8492.052, directors serve
staggered four-year terms.
Sec. 8492.052. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Angela Fulcher;
(2) Julie Dolby Casner;
(3) Laurie Gosda;
(4) Sandra Wood; and
(5) Cheri D. Hisaw.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8492.003; or
(2) the fourth anniversary of the effective date of
the Act enacting this chapter.
(c) If permanent directors have not been elected under
Section 8492.003 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 8492.003; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the commission requesting that the
commission appoint as successor temporary directors the five
persons named in the petition. The commission shall appoint as
successor temporary directors the five persons named in the
petition.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8492.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8492.102. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 54, Water Code,
applicable to municipal utility districts created under Section 59,
Article XVI, Texas Constitution.
Sec. 8492.103. AUTHORITY FOR ROAD PROJECTS. Under Section
52, Article III, Texas Constitution, the district may design,
acquire, construct, finance, issue bonds for, improve, operate,
maintain, and convey to this state, a county, or a municipality for
operation and maintenance macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 8492.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
road project must meet all applicable construction standards,
zoning and subdivision requirements, and regulations of each
municipality in whose corporate limits or extraterritorial
jurisdiction the road project is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
project must meet all applicable construction standards, zoning and
subdivision requirements, and regulations of each county in which
the road project is located.
(c) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 8492.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
OR RESOLUTION. The district shall comply with all applicable
requirements of any ordinance or resolution that is adopted under
Section 54.016 or 54.0165, Water Code, and that consents to the
creation of the district or to the inclusion of land in the
district.
SUBCHAPTER D. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS
Sec. 8492.151. DIVISION OF DISTRICT; PREREQUISITES. The
district may be divided into two or more new districts only if the
district:
(1) has never issued any bonds; and
(2) is not imposing ad valorem taxes.
Sec. 8492.152. LAW APPLICABLE TO NEW DISTRICT. This
chapter applies to any new district created by division of the
district, and a new district has all the powers and duties of the
district.
Sec. 8492.153. LIMITATION ON AREA OF NEW DISTRICT. A new
district created by the division of the district may not, at the
time the new district is created, contain any land outside the area
described by Section 2 of the Act enacting this chapter.
Sec. 8492.154. DIVISION PROCEDURES. (a) The board, on its
own motion or on receipt of a petition signed by the owner or owners
of a majority of the assessed value of the real property in the
district, may adopt an order dividing the district.
(b) The board may adopt an order dividing the district
before or after the date the board holds an election under Section
8492.003 to confirm the district's creation.
(c) An order dividing the district must:
(1) name each new district;
(2) include the metes and bounds description of the
territory of each new district;
(3) appoint temporary directors for each new district;
and
(4) provide for the division of assets and liabilities
between the new districts.
(d) On or before the 30th day after the date of adoption of
an order dividing the district, the district shall file the order
with the commission and record the order in the real property
records of each county in which the district is located.
Sec. 8492.155. CONFIRMATION ELECTION FOR NEW DISTRICT.
(a) A new district created by the division of the district shall
hold a confirmation and directors' election as required by Section
8492.003.
(b) If the creation of the new district is confirmed, the
new district shall provide the election date and results to the
commission.
Sec. 8492.156. TAX OR BOND ELECTION. Before a new district
created by the division of the district may impose a maintenance tax
or issue bonds payable wholly or partly from ad valorem taxes, the
new district must hold an election as required by this chapter to
obtain voter approval.
Sec. 8492.157. MUNICIPAL CONSENT. Municipal consent to the
creation of the district and to the inclusion of land in the
district granted under Section 8492.004 acts as municipal consent
to the creation of any new district created by the division of the
district and to the inclusion of land in the new district.
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
Sec. 8492.201. ELECTIONS REGARDING TAXES OR BONDS.
(a) The district may issue, without an election, bonds and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 8492.203.
(b) The district must hold an election in the manner
provided by Chapters 49 and 54, Water Code, to obtain voter approval
before the district may impose an ad valorem tax or issue bonds
payable from ad valorem taxes.
(c) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
Sec. 8492.202. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8492.201, the district
may impose an operation and maintenance tax on taxable property in
the district in accordance with Section 49.107, Water Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Sec. 8492.203. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
SUBCHAPTER F. BONDS AND OTHER OBLIGATIONS
Sec. 8492.251. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 8492.252. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Sections 54.601 and 54.602, Water Code.
Sec. 8492.253. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other obligations
issued or incurred to finance road projects and payable from ad
valorem taxes may not exceed one-fourth of the assessed value of the
real property in the district.
SECTION 2. The Cotton Center Municipal Utility District No.
1 initially includes all the territory contained in the following
area:
DESCRIPTION
OF A 2357.9 ACRE TRACT OF LAND OUT OF THE WILLIAM PETTUS LEAGUE,
ABSTRACT NO. 21, THE THOMAS MAXWELL LEAGUE, ABSTRACT NO. 188, AND
THE THOMAS YATES LEAGUE, ABSTRACT NO. 313, SITUATED IN CALDWELL
COUNTY, TEXAS, BEING ALL OF THOSE CERTAIN TRACTS OF LAND CONVEYED TO
WALTON TEXAS, LP. BY THE FOLLOWING DEEDS OF RECORD IN THE OFFICIAL
PUBLIC RECORDS OF CALDWELL COUNTY, TEXAS:
A) 91.99 ACRES (PARCEL 1) AND 4.56 ACRES (PARCEL 2) OF
RECORD IN VOLUME 643, PAGE 69;
B) 87.92 ACRES OF RECORD IN DOCUMENT NO. 113576;
C) 99.03 ACRES OF RECORD IN DOCUMENT NO. 122695;
D) 358.07 ACRES PORTION OF 573.65 ACRES (TRACT 1) OF RECORD
IN VOLUME 524, PAGE 599;
E) 224.83 ACRES OF RECORD IN VOLUME 556, PAGE 729,
F) 339.31 ACRES OF RECORD IN VOLUME 556, PAGE 246;
G) 120.75 ACRES OF RECORD IN DOCUMENT NO. 123755;
H) 69.19 ACRES OF RECORD IN DOCUMENT NO. 132453;
I) 47.271 ACRES, 49.330 ACRES, AND 49.325 ACRES OF RECORD IN
DOCUMENT NO. 126556;
J) 70.540 ACRES OF RECORD IN DOCUMENT NO. 131493;
K) 55.669 ACRES OF RECORD IN DOCUMENT NO. 131492;
L) 239.035 ACRES OF RECORD IN DOCUMENT NO. 125890;
M) 59.828 ACRES OF RECORD IN DOCUMENT NO. 126555;
N) 252.85 ACRES OF RECORD IN DOCUMENT NO. 124324;
O) 133.84 ACRES OF RECORD IN DOCUMENT NO. 132453;
SAID 2357.9 ACRES OF LAND ALSO INCLUDES ALL THE AREA WITHIN THE
EXISTING RIGHTS-OF-WAY OF CALDWELL COUNTY ROAD NO. 238 (VALLEY WAY
DRIVE) AND FARM-TO-MARKET ROAD 1984 AS USED ON-THE-GROUND WHICH ARE
CONTAINED WITHIN THE FOLLOWING METES AND BOUNDS DESCRIPTION; SAVE
AND EXCEPT THEREFROM THAT CERTAIN 1.790 ACRE TRACT OF LAND CONVEYED
TO BARBARA KINKADE BY DEED OF RECORD IN VOLUME 206, PAGE 238 AND
THAT CERTAIN 15.354 ACRE REMAINDER OF A 129 ACRE (FIRST TRACT) AND
120 ACRE (SECOND TRACT) OF LAND CONVEYED TO ROBERT W. SHANNON, KAREN
S. MORELAND, DONNA S. ANDREW AND PAUL B. SHANNON BY DEEDS OF RECORD
IN VOLUME 255, PAGE 169, VOLUME 256, PAGE 261, VOLUME 335, PAGE 768,
AND VOLUME 371, PAGE 837, ALL OF SAID OFFICIAL PUBLIC RECORDS; SAID
2357.9 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED IN TWO (2)
PARTS BY METES AND BOUNDS AS FOLLOWS:
PART 1 - 1206.6 ACRES
BEGINNING, at a 5/8 in iron rod at the intersection of the southerly
right-of-way line of the Union Pacific Railroad and the
southwesterly right-of-way line of Valley Way Drive (R.O.W.
varies), being the northeasterly corner of said 91.99 acre tract,
for the northeasterly corner hereof;
THENCE, S41°17'23"E, leaving the southerly right-of-way line of the
Union Pacific Railroad, along the southwesterly right-of-way line
of Valley Way Drive, being the northeasterly line of said 91.99 acre
tract, for the northeasterly line hereof, a distance of 2788.12
feet to a 5/8 inch iron rod in the northwesterly line of a 130.59
acre tract of land, conveyed to David Matthew Best by Deed of record
in Volume 269, Page 127 of said Official Public Records, being the
easterly corner of said 91.99 acre tract and hereof;
THENCE, S48°21'22"W, leaving the southwesterly right-of-way line of
Valley Way Drive, along the northwesterly line of said 130.59 acre
tract, being the southeasterly line of said 91.99 acre tract, for a
portion of the southeasterly line hereof, a distance of 1361.88
feet to the southerly corner of said 91.99 acre tract and the
northerly corner of said 4.56 acre tract, for an angle point hereof;
THENCE, leaving the southerly corner of said 91.99 acre tract,
along the northeasterly and southeasterly lines of said 4.56 acre
tract, for a portion of the southeasterly line hereof, the
following two (2) courses and distances:
1) S41°07'40"E, a distance of 322.45 feet to a 5/8 inch iron
rod for the easterly corner of said 4.56 acre tract, and an angle
point hereof;
2) S48°22'55"W, a distance of 616.59 feet to the southerly
corner of said 4.56 acre tract, being a northwesterly corner of said
130.59 acre tract, in the northeasterly line of an eight (8) yard by
one-hundred ten (110) yard Strip of land reserved to O.M. Hoffman by
Deed of record in Volume 229, Page 244 of said Official Public
Records, said Strip also being described as part of Tract II, in a
Deed to Hoffman Family Trust 1994, of record in Volume 127, Page 436
of said Official Public Records, for an angle point hereof;
THENCE, along a portion of the northeasterly, northwesterly, and
southwesterly lines of said Strip, being a portion of the
southwesterly line of said 4.56 acre tract, and a portion of the
southeasterly line of said 87.92 acre tract, for a portion of the
southeasterly line hereof, the following three (3) courses and
distances:
1) N41°10'09"W, a distance of 11.86 feet to the northerly
corner of said Strip, for an angle point hereof;
2) S48°19'26"W, a distance of 23.99 feet to the westerly
corner of said Strip, for an angle point hereof;
3) S41°19'42"E, a distance of 329.93 feet to an iron rod with
"UDG" cap in the northwesterly line of a 111.482 acre tract of land
conveyed to Henry E. McCulloch, Jr. and wife, Barbara J. McCulloch
by Deed of record in Volume 504, Page 634 of said Official Public
Records, being the southerly corner of said Strip and the most
southeasterly corner of said 87.92 acre tract, for an angle point
hereof;
THENCE, S48°20'39"W, leaving the southwesterly line of said Strip,
along a portion of the southeasterly line of said 87.92 acre tract,
and the southeasterly line of said 99.03 acre tract, being a portion
of the northwesterly line of said 111.482 acre tract and a portion
of the northwesterly line of a 9.41 acre tract of land conveyed to
Henry E. McCulloch, Jr. and wife, Barbara J. McCulloch by Deed of
record in Volume 511, Page 13 of said Official Public Records, for a
portion of the southeasterly line hereof, a distance of 3046.71
feet to the southerly corner of said 99.03 acre tract being in the
northeasterly line of said 573.65 acre tract, and the northwesterly
corner of said 9.41 acre tract, for an angle point hereof;
THENCE, leaving the southeasterly line of said 99.03 acre tract,
along a portion of the northwesterly and southwesterly lines of
said 9.41 acre tract, and a portion of the northeasterly line of
said 573.65 acre tract, for a portion of the southeasterly line
hereof, the following three (3) courses and distances:
1) S41°34'50"E, a distance of 19.14 feet to an angle point
hereof;
2) S48°56'20"W, a distance of 161.89 feet to an iron rod with
"carter & burgess" cap for an angle point hereof;
3) S41°36'05"E, a distance of 1522.35 feet to the southerly
corner of said 9.41 acre tract in the northwesterly right-of-way
line of State Highway 142 (R.O.W. varies), for the easterly corner
of said 573.65 acre tract, and an angle point hereof;
THENCE, leaving the southwesterly line of said 9.41 acre tract,
along the northwesterly right-of-way line of State Highway 142,
along a portion of the southeasterly line of said 573.65 acre tract,
for a portion of the southeasterly line hereof, the following six
(6) courses and distances:
1) S48°50'36"W, a distance of 1342.09 feet to the point of
curvature of a non-tangent curve to the left;
2) Along said curve, having a radius of 11535.16 feet, a
central angle of 02°03'00", an arc length of 412.72 feet and a chord
which bears, S47°48'06'W, a distance of 412.70 feet to the end of
said curve;
3) S46°50'18"W, a distance of 148.55 feet to the point of
curvature of a non-tangent curve to the right;
4) Along said curve, having a radius of 11393.65 feet, a
central angle of 02°03'02", an arc length of 407.78 feet and a chord
which bears, S47°48'07'W, a distance of 407.76 feet to the end of
said curve;
5) S48°51'00"W, a distance of 1315.11 feet to the point of
curvature of a non-tangent curve to the right;
6) Along said curve, having a radius of 11,389.16 feet, a
central angle of 00°37'29", an arc length of 124.18 feet and a chord
which bears, S49°09'26'W, a distance of 124.18 feet to the point of
curvature of a non-tangent curve to the left, for the most southerly
corner hereof;
THENCE, leaving said northwesterly right-of-way line of State
Highway 142, over and across said 573.65 acre tract, for a portion
of the southwesterly line hereof, along the approximate Martindale
City Limit Line, the following four (4) courses and distances:
1) Along said curve, having a radius of 2746.11 feet, a
central angle of 26°52'25", an arc length of 1288.01 feet and a chord
which bears, N53°46'19'W, a distance of 1276.24 feet to the end of
said curve;
2) N69°22'30"W, a distance of 631.48 feet to an angle point
hereof;
3) S69°38'20"W, a distance of 374.12 feet to an angle point
hereof;
4) N65°05'35"W, a distance of 871.31 feet to a point in the
southeasterly line of a 137 acre tract of land conveyed to John Mac
Mauldin by Deed of record in Volume 359, Page 673 of said Official
Public Records, and the northwesterly line of said 573.65 acre
tract, for an angle point hereof;
THENCE, along a portion of the southeasterly line and the
northeasterly line of said 137 acre tract, and the northwesterly
line of said 573.65 acre tract, for a portion of the southwesterly
line hereof, the following two (2) courses and distances:
1) N49°05'19"E, a distance of 1820.68 feet to an iron pipe
for the easterly corner of said 137 acre tract, the westerly corner
of said 573.65 acre tract, and an angle point hereof;
2) N40°56'06"W, a distance of 1177.53 feet to a point in the
southeasterly line of a 167.96 acre tract of land conveyed to
Conrads Herbert Inc. by Deed of record in Volume 346, Page 76 of
said Official Public Records, being the northerly corner of said
137 acre tract, the northwesterly corner of said 573.65 acre tract,
and an angle point hereof;
THENCE, N48°54'41"E, leaving the northeasterly line of said 137 acre
tract, along a portion of the common southeasterly line of said
167.96 acre tract and a portion of the northwesterly line of said
573.65 acre tract, for a portion of the southwesterly line hereof, a
distance of 42.46 feet to the most easterly corner of said 167.96
acre tract, and the southerly corner of said 224.83 acre tract, for
an angle point hereof;
THENCE, leaving the northwesterly line of said 573.65 acre tract,
along the common line of said 167.96 acre tract and said 224.83 acre
tract, for a portion of the southwesterly line hereof, the
following eight (8) courses and distances:
1) N12°19'50"W, a distance of 294.36 feet to an angle point;
2) N00°34'24"E, a distance of 227.61 feet to an angle point;
3) N36°30'21"W, a distance of 285.03 feet to an angle point;
4) N56°28'57"W, a distance of 234.92 feet to an angle point;
5) N50°20'48"W, a distance of 99.62 feet to an angle point;
6) N27°15'48"W, a distance of 102.46 feet to an angle point;
7) N22°50'14"W, a distance of 255.49 feet to the westerly
corner of said 224.83 acre tract, for an angle point hereof;
8) N43°45'31"E, a distance of 190.62 feet to the southerly
corner of said 339.31 acre tract, for an angle point hereof;
THENCE, leaving the northwesterly line of said 224.83 acre tract,
along the common line of said 167.96 acre tract and said 339.31 acre
tract, for a portion of the southwesterly line hereof, the
following two (2) courses and distances:
1) N39°23'33"W, a distance of 241.44 feet to an angle point;
2) N26°29'00"W, a distance of 668.42 feet to the easterly
corner of a 213.451 acre tract of land conveyed to Curby Ohnheiser
by Deed of record in Volume 178, Page 184 of said Official Public
Records, for an angle point hereof;
THENCE, along a portion of the common northeasterly line of said
213.451 acre tract and the southwesterly line of said 339.31 acre
tract, for a portion of the southwesterly line hereof, the
following three (3) courses and distances:
1) N16°07'11"W, a distance of 819.56 feet to an angle point;
2) N13°49'18"W, a distance of 655.20 feet to an angle point;
3) N09°25'58"W, a distance of 163.84 feet to the southerly
corner of a 49.82 acre tract of land conveyed to David J. Huffman by
Deed of record in Volume 527, Page 292 of said Official Public
Records, for the most westerly corner of said 339.31 acre tract and
hereof;
THENCE, along the southeasterly and northeasterly lines of said
49.82 acre tract and the northwesterly line of said 339.31 acre
tract, for the northwesterly line hereof, the following four (4)
courses and distances:
1) N48°42'42"E, a distance of 1780.59 feet to a pk nail in a
fence post;
2) N41°04'53"W, a distance of 664.10 feet to a pk nail in a
fence post;
3) N48°44'06"E, a distance of 1261.08 feet to the most
easterly corner of said 49.82 acre tract;
4) N42°14'20"W, a distance of 275.49 feet to the
northeasterly corner of said 49.82 acre tract and northwesterly
corner of said 339.31 acre tract, in the southerly right-of-way
line of the Union Pacific Railroad, for the northwesterly corner
hereof;
THENCE, leaving the northeasterly line of said 49.82 acre tract,
along a portion of the southerly right-of-way line of the Union
Pacific Railroad, and a portion of the northerly line and
northeasterly line of said 339.31 acre tract, for a portion of the
northerly line hereof, the following two (2) courses and distances:
1) S87°55'54"E, a distance of 3775.29 feet to an iron rod for
the northeasterly corner of said 339.31 acre tract, and an angle
point hereof;
2) S41°18'02"E, a distance of 62.32 feet to an iron rod for
the northwesterly corner of said 91.99 acre tract, and an angle
point hereof;
THENCE, leaving the northeasterly line of said 339.31 acre tract,
along a portion of the southerly right-of-way line of the Union
Pacific Railroad, the southerly right-of-way line of said Valley
Way Drive, and the northerly line of said 91.99 acre tract, for a
portion of the northerly line hereof, the following three (3)
courses and distances:
1) S88°18'23"E, a distance of 870.54 feet to an iron rod for
an angle point hereof;
2) N82°39'41"E, a distance of 454.88 feet to an angle point
hereof;
3) N81°46'58"E, a distance of 126.52 feet to the POINT OF
BEGINNING, and containing an area of 1206.6 acres of land, more or
less, within these metes and bounds.
PART 2 - 1151.3 ACRES
BEGINNING, at an iron rod with "UDG" cap found in the southwesterly
right-of-way line of Valley Way Drive (R.O.W. varies) for the
northerly corner of a 1.82 acre tract of land conveyed to Jethery
Bohannon Et. Ux. By deed of record in Volume 240, Page 435 of said
Official Public Records, the southeasterly corner of said 133.84
acre tract, and an angle point hereof;
THENCE, S49°38'37"W, leaving the southwesterly right-of-way line of
Valley Way Drive, along the common line of said 1.82 acre tract and
said 133.84 acre tract, a distance of 409.77 feet to a point in the
northerly right-of-way line of the Union Pacific Railroad (100'
R.O.W.);
THENCE, N87°55'45"W, along the northerly right-of-way of said
Railroad, a distance of 1952.56 feet to a point for the
southwesterly corner of said 133.84 acre tract and the
southeasterly corner of a 22.1 acre tract of land conveyed to Abel
Garza Et. Ux. By deed of record in Volume 96, Page 683 of said
Official Public Records;
THENCE, leaving the northerly right-of-way of said Railroad, along
the common line of said 133.84 acre tract and said 22.1 acre tract,
the following two (2) courses and distances:
1) N01°23'47"E, a distance of 217.61 feet to and iron rod for
an angle point hereof;
2) N41°22'34"W, a distance of 2440.88 feet to a fence corner
post in the southeasterly right-of-way line of F.M. 1984 (80'
R.O.W.) for the northerly corner of said 22.1 acre tract, the
easterly corner of said 133.84 acre tract, and an angle point
hereof;
THENCE, N41°36'44"W, leaving the northerly corner of said 22.1 acre
tract, over and across F.M. 1984, a distance of 80.09 feet to a
point in the northwesterly right-of-way line of F.M. 1984, and the
southeasterly line of said 252.85 acre tract, for an angle point
hereof;
THENCE, S48°23'16"W, a distance of 1345.17 feet to an iron rod with
"LENZ" cap in the southeasterly line of said 252.85 acre tract and
the easterly corner of a 40.0 acre tract of land conveyed to Myrna
Lopez by deed of record in Document No. 122023 of said Official
Public Records, for an angle point hereof;
THENCE, leaving the northerly right-of-way line of F.M. 1984, along
the common line of said 252.85 acre tract and said 40.0 acre tract,
the following sixteen (16) courses and distances:
1) N34°21'01"W, a distance of 110.36 feet to an iron rod with
"LENZ" cap;
2) N19°39'31"W, a distance of 293.22 feet to an iron rod with
"LENZ" cap;
3) N03°15'11"W, a distance of 82.66 feet to an angle point;
4) N36°52'22"E, a distance of 33.25 feet to an angle point;
5) N03°46'05"W, a distance of 515.85 feet to an angle point;
6) N09°53'30"W, a distance of 29.53 feet to an angle point;
7) N42°29'18"E, a distance of 23.22 feet to an angle point;
8) N09°28'01"E, a distance of 66.25 feet to an angle point;
9) N07°00'01"W, a distance of 164.91 feet to an angle point;
10) N13°52'24"W, a distance of 144.68 feet to an angle point;
11) N21°57'50"W, a distance of 90.39 feet to an angle point;
12) N10°37'25"W, a distance of 153.12 feet to an angle point;
13) N23°21'47"W, a distance of 161.89 feet to an iron rod
with "LENZ" cap;
14) N41°34'57"W, a distance of 172.18 feet to an iron rod
with "LENZ" cap for the northerly corner of said 40.0 acre tract;
15) S48°21'01"W, a distance of 1431.20 feet to an iron rod
with "LENZ" cap for the westerly corner of said 40.0 acre tract;
16) S41°38'18"E, a distance of 1735.64 feet to an iron rod
with "LENZ" cap for the southerly corner of said 40.0 acre tract, in
the northwesterly right-of-way line of F.M. 1984 for an angle point
of said 252.85 acre tract and hereof;
THENCE, S48°21'42"W, leaving the southerly corner of said 40.0 acre
tract, along the northwesterly right-of-way line of F.M. 1984, a
distance of 592.58 feet to the southerly corner of said 252.85 acre
tract, in the northeasterly line of Fehlis Revised Addition to
Reedville, of record in Volume 27, Page 368, of the Deed Records of
said County, for an angle point;
THENCE, N41°22'43"W, leaving the northwesterly right-of-way line of
F.M. 1984, along the southwesterly line of said 252.85 acre tract, a
portion of the northeasterly line of said Fehlis Revised Addition,
and a portion of the northeasterly line of a 56.52 acre tract of
land conveyed to Southern Pecan Plantation Mobile Home Park, Inc.,
by deed of record in Volume 79, Page 369, of said Official Public
Records, a distance of 3152.26 feet to an aluminum disk in concrete
for the northerly corner of said 56.52 acre tract, the westerly
corner of said 252.85 acre tract and hereof;
THENCE, N48°46'59"E, along the northwesterly line of said 252.85
acre tract, a distance of 4120.83 feet to point in the southwesterly
right-of-way line of William Pettus Road (R.O.W. varies) for the
northerly corner of said 252.85 acre tract;
THENCE, S40°53'44"E, along the southwesterly right-of-way line of
William Pettus Road and northeasterly line of said 252.85 acre
tract, a distance of 2659.70 feet to the point of curvature of a
non-tangent curve to the left at the intersection of the
southwesterly right-of-way line of William Pettus Road and the
northwesterly right-of-way line of F.M. 1984;
THENCE, leaving the southwesterly right-of-way line of William
Pettus Road, along the curving northwesterly right-of-way line of
F.M. 1984 and southeasterly line of said 252.85 acre tract, the
following three (3) courses and distances:
1) Along said curve to the left having a radius of 756.20
feet, a central angle of 22°14'32", an arc length of 293.56 feet, and
a chord which bears, S09°41'28"W, a distance of 291.72 feet to the
end of said curve;
2) S01°25'48"E, a distance of 53.10 feet to the point of
curvature of a non-tangent curve to the right;
3) Along said non-tangent curve to the right having a radius
of 676.20 feet, a central angle of 49°28'14", an arc length of 583.85
feet, and a chord which bears, S23°18'19"W, a distance of 565.88
feet to a TxDOT concrete monument at the end of said curve;
THENCE, S41°36'44"E, leaving the southeasterly line of said 252.85
acre tract and northwesterly right-of-way line of F.M. 1984, over
and across F.M. 1984, a distance of 79.92 feet to an angle point in
the southeasterly right-of-way line of F.M. 1984, and the
northwesterly line of said 133.84 acre tract;
THENCE, N48°22'36"E, along the northwesterly line of said 133.84
acre tract, being a portion of the southeasterly right-of-way line
of F.M. 1984 and a portion of the southeasterly right-of-way line of
Valley Way Drive (50' R.O.W.), a distance of 765.39 feet to
northerly corner of said 133.84 acre tract in the southwesterly
right-of-way line of Valley Way Drive (R.O.W. varies);
THENCE, N48°53'36"E, leaving the northerly corner of said 133.84
acre tract, over and across said Valley Way Drive, a distance of
51.66 feet to an angle point in the northeasterly right-of-way line
of Valley Way Drive and the southwesterly line of said 69.19 acre
tract;
THENCE, N41°06'24"W, along the northeasterly right-of-way line of
Valley Way Drive, a distance of 477.14 feet to an angle point at the
intersection of the northeasterly right-of-way line of Valley Way
Drive and the southeasterly right-of-way line of F.M. 1984;
THENCE, leaving the northeasterly right-of-way line of Valley Way
Drive, along a portion of southeasterly right-of-way line of F.M.
1984 and northwesterly line of said 69.19 acre tract, the following
two (2) courses and distances:
1) Along a non-tangent curve to the right having a radius of
676.09 feet, a central angle of 26°42'34", an arc length of 315.17
feet, and a chord which bears, N35°06'01"E, a distance of 312.33
feet to the end of said curve;
2) N48°30'35"E, a distance of 2278.26 feet to an angle point
hereof;
THENCE, N41°29'25"W, leaving the northwesterly line of said 69.19
acre tract, over and across F.M. 1984, a distance of 80.30 feet to
the southerly corner of said 120.75 acre tract in the northwesterly
right-of-way line of F.M. 1984;
THENCE, leaving the northwesterly right-of-way line of F.M. 1984,
along the irregular southwesterly line of said 120.75 acre tract,
the following seven (7) courses and distances:
1) N41°29'56"W, a distance of 1298.87 feet to an angle point
of said 120.75 acre tract and hereof;
2) S48°31'19"W, a distance of 1130.21 feet to an iron rod
found for angle point of said 120.75 acre tract and the northerly
corner of a 13.02 acre tract of land conveyed to Kristin Kocurek by
deed of record in Volume 515, Page 161 of said Official Public
Records;
3) N41°26'45"W, a distance of 376.48 feet to an iron rod
found for angle point of said 120.75 acre tract and hereof;
4) N41°04'25"W, a distance of 250.72 feet to an iron rod
found for angle point of said 120.75 acre tract and hereof;
5) N41°11'04"W, a distance of 250.71 feet to an iron rod
found for angle point of said 120.75 acre tract and hereof;
6) N41°09'44"W, a distance of 386.22 feet to an iron rod
found for angle point of said 120.75 acre tract and hereof;
7) N40°53'52"W, a distance of 222.60 feet to a fence post
found in the southeasterly line of a 10 acre tract of land conveyed
to Tanya Moran by deed of record in Volume 287, Page 564 of said
Official Public Records, for the northerly corner of a 1.001 acre
tract of land conveyed to Vincent J. Bustos by deed of record in
Volume 574, Page 1 of said Official Public Records, and the westerly
corner of said 120.75 acre tract;
THENCE, N48°47'31"E, along the northwesterly line of said 120.75
acre tract, a distance of 2437.59 feet to an iron rod for the
easterly corner of a 90.014 acre tract of land conveyed to Kenneth
R. Kent by deed of record in Volume 428, Page 79 of the Deed Records
of said County, the northerly corner of said 120.75 acre tract, and
in the southwesterly line of Lot 9, Block B, Koeglar Hills, a
subdivision of record in Cabinet A, Slide 50 of the Plat Records of
said County;
THENCE, S42°00'07"E, along the northeasterly line of said 120.75
acre tract and the southwesterly line of said Koeglar Hills
Subdivision, a distance of 895.37 feet to an iron rod for an angle
point of said 120.75 acre tract and hereof;
THENCE, S41°15'14"E, continuing along the northeasterly line of
said 120.75 acre tract and the southwesterly line of said Koeglar
Hills Subdivision, a distance of 1663.51 feet to the easterly
corner of said 120.75 acre tract, in the southwesterly line of Lot
3C of the Replat of Lots 3 and 4, Block B Koeglar Hills Subdivision,
of record in Cabinet B, Slide 19 of the Plat Records of said County
and the northerly corner of an old cemetery (no recording
information found);
THENCE, leaving said Lot 3C, along the common line of said 120.75
acre tract and said old cemetery, the following four (4) courses and
distances:
1) S48°44'49"W, a distance of 59.99 feet to an angle point;
2) S41°15'11"E, a distance of 29.00 feet to an angle point;
3) S48°44'49"W, a distance of 355.50 feet to an angle point;
4) S41°15'11"E, a distance of 189.19 feet to the southerly
corner of said old cemetery for an angle point of said 120.75 acre
tract and hereof in the northwesterly right-of-way line of F.M.
1984;
THENCE, S48°36'20"W, along the northwesterly right-of-way line of
F.M. 1984 and southeasterly line of said 120.75 acre tract, a
distance of 592.28 feet to an angle point;
THENCE, S41°23'40"E, leaving the southeasterly line of said 120.75
acre tract, over and across F.M. 1984, a distance of 79.79 feet to
an iron rod for the northerly corner of said 69.19 acre tract and
the westerly corner of a 3.67 acre tract of land conveyed to Arthur
D. Ehrlich and Mary L Ehrlich by deed of record in Volume 179, Page
507 of said Official Public Records;
THENCE, leaving the southeasterly right-of-way line of F.M. 1984,
along the common line of said 69.19 acre tract and said 3.67 acre
tract, the following two (2) courses and distances:
1) S41°22'11"E, a distance of 399.75 feet to steel fence
corner post;
2) N48°31'55"E, a distance of 397.74 feet to an iron rod for
the easterly corner of said 3.67 acre tract;
THENCE, S41°27'50"E, along the northeasterly line of said 69.19 acre
tract, a distance of 568.68 feet to a steel fence post in the
southwesterly line of Lot 6, Block 1 of Castle Hill Subdivision
Phase I, a subdivision of record in Book A, Page 181 of the Plat
Records of said County;
THENCE, leaving the southeasterly line of said Castle Hill
Subdivision, along the southeasterly line of said 69.19 acre tract,
the following eight (8) courses and distances:
1) S48°41'00"W, a distance of 786.26 feet to an angle point;
2) S47°55'14"W, a distance of 85.90 feet to an angle point;
3) S49°18'20"W, a distance of 589.25 feet to an angle point;
4) S48°01'10"W, a distance of 232.56 feet to a fence post;
5) S47°58'05"W, a distance of 345.92 feet to an angle point;
6) S47°46'45"W, a distance of 446.89 feet to an angle point;
7) S48°19'28"W, a distance of 438.49 feet to an angle point;
8) S48°07'05"W, a distance of 367.04 feet to fence corner
post for the southerly corner of said 69.19 acre tract in the
northeasterly right-of-way line of Valley Way Drive;
THENCE, S48°38'56"W, leaving the southerly corner of said 69.19 acre
tract, over and across Valley View Drive, a distance of 49.85 feet
to a point in the northeasterly line of said 133.84 acre tract and
the southwesterly right-of-way line of Valley Way Drive;
THENCE, along the northeasterly line of said 133.84 acre tract and
the southwesterly right-of-way line of Valley Way Drive, the
following two (2) courses and distances;
1) S41°21'04"E, a distance of 1129.59 feet to a fence post;
2) S41°40'38"E, a distance of 1273.02 feet to an angle point;
THENCE, N48°19'22"E, leaving the northeasterly line of said 133.84
acre tract, over and across Valley View Drive, a distance of 61.02
feet to the easterly corner of said 239.035 acre tract in the
northeasterly right-of-way line of Valley View Drive;
THENCE, along a portion of the northwesterly line of said 239.035
acre tract, the following three (3) courses and distances:
1) N48°15'16"E, a distance of 2761.12 feet to an angle point;
2) S41°47'43"E, a distance of 274.43 feet to a fence corner
post;
3) N48°40'03"E, a distance of 976.49 feet to an iron rod for
the southerly corner of said 70.540 acre tract;
THENCE, N40°19'04"W, leaving the northwesterly line of said 239.035
acre tract, along the southwesterly line of said 70.540 acre tract,
a distance of 904.98 feet to an iron rod with "RL Surveying" cap for
the easterly corner of said 70.540 acre tract, in the southeasterly
line of said 49.325 acre tract;
THENCE, S49°05'23"W, leaving the southwesterly line of said 70.540
acre tract, along the southeasterly line of said 49.325 acre tract,
a distance of 500.65 feet to an iron rod with "UDG 2433" cap for the
southerly corner of said 49.325 acre tract;
THENCE, along the southwesterly line of said 49.325 acre tract, the
following two (2) courses and distances:
1) N40°38'48"W, a distance of 400.80 feet to an iron rod with
"UDG 2433" cap;
2) N40°43'42"W, a distance of 1287.69 feet to an iron rod for
the southerly corner of Lot 6 of said Castle Hill Subdivision;
THENCE, N48°32'31"E, along the northwesterly lines of said 49.325
acre tract, said 49.330 acre tract, and said 47.271 acre tract, a
distance of 3425.74 feet to an iron rod for the northwesterly corner
of said 47.271 acre tract;
THENCE, along a portion of the northerly line of said 47.271 acre
tract, the following three (3) courses and distances:
1) S41°01'56"E, a distance of 227.58 feet to an iron rod;
2) S85°53'10"E, a distance of 183.60 feet to an angle point;
3) N43°11'02"E, a distance of 271.56 feet to the
northeasterly corner of said 47.271 acre tract in the southwesterly
right-of-way line of F.M. 1966 (80' R.O.W.);
THENCE, S40°51'42"E, along the southwesterly right-of-way line of
F.M. 1966, a distance of 1367.14 feet to the easterly corner of said
47.271 acre tract and northerly corner of a 1.0 acre tract of land
conveyed to John M. Salazar Et. Ux. By deed of record in Volume 424,
Page 100 of the Deed Records of said County;
THENCE, S48°43'20"W, leaving the southwesterly right-of-way line of
F.M. 1966, along a portion of the southeasterly line of said 47.271
acre tract, a distance of 348.84 feet to an iron rod for the
northwesterly corner of said 70.540 acre tract and the westerly
corner of a 1.041 acre tract conveyed to Kelly J. Cansler Et. Ux. By
deed of record in Volume 64, Page 782 of said Official Public
Records;
THENCE, along the southerly lines of said 1.041 acre tract and the
northerly lines of said 70.540 acre tract, the following two (2)
courses and distances:
1) S41°01'59"E, a distance of 256.81 feet to an iron rod;
2) N47°37'30"E, a distance of 350.89 feet to an iron rod for
the easterly corner of said 1.041 acre tract and the northeasterly
corner of said 70.540 acre tract in the southwesterly right-of-way
line of F.M. 1966;
THENCE, S41°14'17"E, along a portion of the southwesterly
right-of-way line of F.M. 1966, a distance of 742.57 feet to an iron
rod for the easterly corner of said 70.540 acre tract and the
northerly corner of said 55.669 acre tract;
THENCE, S41°23'23"E, continuing along a portion of the
southwesterly right-of-way line of F.M. 1966, a distance of 644.74
feet to the easterly corner of said 55.669 acre tract and the
northerly corner of the remaining 2.437 acre tract of land conveyed
to Barbara Kinkade and Life Estate reserved by Margaret Ann
Wackerhagen by deed of record in Volume 507, Page 721 of said
Official Public Records;
THENCE, leaving the southwesterly right-of-way line of F.M. 1966,
along a portion of the irregular easterly line of said 55.669 acre
tract and the westerly line of said 2.437 acre tract, the following
seven (7) courses and distances:
1) S54°55'11"W, a distance of 457.51 feet to an angle point;
2) S39°04'07"E, a distance of 26.01 feet to an angle point;
3) S21°40'50"E, a distance of 95.81 feet to an angle point;
4) S80°14'00"W, a distance of 44.90 feet to an angle point;
5) S15°41'02"E, a distance of 84.10 feet to an angle point;
6) S27°21'59"E, a distance of 112.74 feet to a 1/2 inch iron
rod;
7) S28°12'49"E, a distance of 210.26 feet to an 1/2 inch iron
rod for the southerly corner of a 3.569 acre tract of land described
in a deed to Barbara K. Warrens of record in Volume 232, Page 423 of
said Official Public records;
THENCE, S48°42'23"W, along the southeasterly line of said 55.669
acre tract, a distance of 1852.73 feet to an iron rod in the
northeasterly line of said 239.035 acre tract;
THENCE, along a portion of the northeasterly line of said 239.035
acre tract, the following three (3) courses and distances:
1) S41°02'56"E, a distance of 387.22 feet to an iron rod;
2) S41°06'40"E, a distance of 312.60 feet to an iron rod;
3) S40°42'48"E, a distance of 542.32 feet to a fence corner
post for the easterly corner of said 239.035 acre tract and an angle
point in the westerly line of said 59.828 acre tract;
THENCE, leaving the easterly corner of said 239.035 acre tract,
along a portion of the westerly and northerly lines of said 59.828
acre tract, the following three (3) courses and distances:
1) S41°34'25"E, a distance of 151.16 feet to an iron rod;
2) N48°34'31"E, a distance of 610.04 feet to an iron rod for
the northerly corner of said 59.828 acre tract;
3) S41°33'19"E, a distance of 1565.45 feet to the easterly
corner of said 59.828 acre tract, in the curving northerly
right-of-way line of the Union Pacific Railroad;
THENCE, along the easterly line of said 59.828 acre tract and the
northerly right-of-way line of the Union Pacific Railroad, the
following three (3) courses and distances:
1) Along a non-tangent curve to the left having a radius of
2786.27 feet, a central angle of 17°52'26", an arc length of 869.20
feet, and a chord which bears, S86°07'28"W, a distance of 865.68
feet to the end of said curve;
2) Along a non-tangent curve to the left having a radius of
3832.81 feet, a central angle of 06°04'35", an arc length of 406.47
feet, and a chord which bears, S73°32'28"W, a distance of 406.28
feet to the end of said curve;
3) S69°58'41"W, a distance of 2776.15 feet to an iron rod for
the southerly corner of said 59.828 acre tract and an angle point in
the easterly line of said 239.035 acre tract;
THENCE, along the easterly line of said 239.035 acre tract and the
northerly right-of-way line of the Union Pacific Railroad, the
following four (4) courses and distances:
1) S69°58'41"W, a distance of 92.94 feet to an angle point;
2) Along a non-tangent curve to the right having a radius of
3336.89 feet, a central angle of 06°13'09", an arc length of 362.21
feet, and a chord which bears, S72°55'53"W, a distance of 362.03
feet to the end of said curve;
3) Along a non-tangent curve to the right having a radius of
2825.30 feet, a central angle of 14°00'59", an arc length of 691.16
feet, and a chord which bears, S83°18'28"W, a distance of 689.44
feet to the end of said curve;
4) Along a non-tangent curve to the right having a radius of
55687.93 feet, a central angle of 00°48'17", an arc length of 782.17
feet, and a chord which bears, N88°10'00"W, a distance of 782.15
feet to the end of said curve at the intersection of the northerly
right-of-way line of the Union Pacific Railroad and the
northeasterly right-of-way line of Valley Way Drive;
THENCE, N41°20'20"W, leaving the northerly right-of-way line of the
Union Pacific Railroad, along the northeasterly right-of-way line
of Valley Way Drive and southerly line of said 239.035 acre tract, a
distance of 429.48 feet to an angle point;
THENCE, S48°39'40"W, leaving southerly line of said 239.035 acre
tract, over and across Valley Way Drive a distance of 51.67 feet to
the POINT OF BEGINNING, containing an area of 1168.438 acres
(50,897,146 square feet) of land, more or less, within these metes
and bounds, SAVE AND EXCEPT THEREFROM the aforementioned 15.354
acre tract of land described as follows:
COMMENCING, at a 1/2 inch iron rod found in northerly right-of-way
line of the Union Pacific Railroad for the southerly corner of said
59.828 acre tract and being in the easterly line of said 239.035
acre tract;
THENCE, N45°14'35"W, leaving the northerly right-of-way line of the
Union Pacific Railroad and the southerly corner of said 59.828 acre
tract, over and across said 239.035 acre tract, a distance of 944.36
feet to the POINT OF BEGINNING, being the southerly corner of said
15.354 acre tract and hereof;
THENCE, along the common lines of said 239.035 acre tract, said
15.354 acre tract and hereof, the following four (4) courses and
distances:
1) N41°44'44"W, a distance of 760.00 feet to a point for the
westerly corner of said 15.354 acre tract and hereof;
2) N48°15'16"E, a distance of 880.00 feet to a point for the
northerly corner of said 15.354 acre tract and hereof;
3) S41°44'44"E, a distance of 760.00 feet to a point for the
easterly corner of said 15.354 acre tract and hereof;
4) N48°15'16"E, a distance of 880.00 feet to the POINT OF
BEGINNING, containing an area of 15.354 acres (668,800 square feet)
of land, more or less, within these metes and bounds and FURTHER
SAVE AND EXCEPT THEREFROM the aforementioned the 1.790 acre tract
of land described as follows:;
COMMENCING, at a fence corner post for the northerly corner of said
239.035 acre tract, being an angle point in the easterly line of
said 70.540 acre tract;
THENCE, N31°58'37"W, leaving the northerly corner of said 239.035
acre tract, over and across said 70.540 acre tract, a distance of
176.88 feet to a fence corner post for the POINT OF BEGINNING, being
the easterly corner of said 1.790 acre tract and hereof;
THENCE, along the common lines of said 70.540 acre tract, said 1.790
acre tract and hereof, the following four (4) courses and
distances:
1) S60°20'34"W, a distance of 237.04 to a fence corner post
for the southerly corner of said 1.790 acre tract and hereof;
2) N32°55'40"W, a distance of 267.87 feet to a 1/2 inch iron
rod for the westerly corner of said 1.790 acre tract and hereof;
3) N49°02'47"E, a distance of 297.06 feet to a 1/2 inch iron
rod for the northerly corner of said 1.790 acre tract and hereof;
4) S22°49'48"E, a distance of 327.95 feet to the POINT OF
BEGINNING, containing an area of 1.790 acres (77,991 square feet)
of land, more or less, within these metes and bounds, leaving a
TOTAL NET AREA of 1151.3 acres of land, more or less, within these
metes and bounds.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 4. (a) If this Act does not receive a two-thirds
vote of all the members elected to each house, Subchapter C, Chapter
8492, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 8492.106 to read as follows:
Sec. 8492.106. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(b) This section is not intended to be an expression of a
legislative interpretation of the requirements of Section 17(c),
Article I, Texas Constitution.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.
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