H.B. No. 1596
AN ACT
relating to the creation of the Fort Bend County Municipal Utility
District No. 204; providing authority to impose a tax and issue
bonds; granting a limited power of eminent domain.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 8331 to read as follows:
CHAPTER 8331. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 204
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8331.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Fort Bend County Municipal
Utility District No. 204.
Sec. 8331.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8331.003. 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. 8331.004. 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, or improvement of
macadamized, graveled, or paved roads described by Section 54.234,
Water Code, or improvements, including storm drainage, in aid of
those roads.
Sec. 8331.005. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act creating this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act creating this chapter form a closure. A mistake made in the
field notes or in copying the field notes in the legislative process
does not affect 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.
[Sections 8331.006-8331.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8331.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8331.052, directors serve
staggered four-year terms.
Sec. 8331.052. TEMPORARY DIRECTORS. (a) On or after the
effective date of the Act creating this chapter, the owner or owners
of a majority of the assessed value of the real property in the
district may submit a petition to the Texas Commission on
Environmental Quality requesting that the commission appoint as
temporary directors the five persons named in the petition. The
commission shall appoint as temporary directors the five persons
named in the petition.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8331.003; or
(2) the fourth anniversary of the effective date of
the Act creating this chapter.
(c) If permanent directors have not been elected under
Section 8331.003 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 8331.003; 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.
[Sections 8331.053-8331.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8331.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8331.102. 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. 8331.103. AUTHORITY FOR ROAD PROJECTS. (a) Under
Section 52, Article III, Texas Constitution, the district may
design, acquire, construct, finance, issue bonds for, improve, and
convey to this state, a county, or a municipality for operation and
maintenance macadamized, graveled, or paved roads described by
Section 54.234, Water Code, or improvements, including storm
drainage, in aid of those roads.
(b) The district may exercise the powers provided by this
section without submitting a petition to or obtaining approval from
the Texas Commission on Environmental Quality as required by
Section 54.234, Water Code.
Sec. 8331.104. APPROVAL OF ROAD PROJECT. (a) The district
may not undertake a road project authorized by Section 8331.103
unless:
(1) each municipality or county that will operate and
maintain the road has approved the plans and specifications of the
road project, if a municipality or county will operate and maintain
the road; or
(2) the Texas Transportation Commission has approved
the plans and specifications of the road project, if the state will
operate and maintain the road.
(b) Except as provided by Subsection (a), the district is
not required to obtain approval from the Texas Transportation
Commission to design, acquire, construct, finance, issue bonds for,
improve, or convey a road project.
Sec. 8331.105. LIMITATION ON USE OF EMINENT DOMAIN. The
district may not exercise the power of eminent domain outside the
district to acquire a site or easement for:
(1) a road project authorized by Section 8331.103; or
(2) a recreational facility as defined by Section
49.462, Water Code.
[Sections 8331.106-8331.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8331.151. 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 8331.153.
(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. 8331.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8331.151, 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. 8331.153. 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.
[Sections 8331.154-8331.200 reserved for expansion]
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8331.201. 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. 8331.202. 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. 8331.203. 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 Fort Bend County Municipal Utility District
No. 204 initially includes all the territory contained in the
following area:
Being 1411.108 acres of land located in the Noel F. Roberts
League, Abstract 79, the Thomas Westall League, Abstract 92, and
the Andrew Roberts Survey, Abstract 78, Fort Bend County, Texas,
more particularly being a portion of that certain called 360.3145
acre tract conveyed to Ash Road Cattle Co., Inc., by instrument of
record in File No. 2006100983, Official Public Records, of Fort
Bend County (F.B.C.O.P.R.), being all of that certain called 9.32
acre tract conveyed to Riverbank Investments, Inc., by instrument
of record in File No. 2006104798, F.B.C.O.P.R., being a portion of
that certain called 52.71 acre tract conveyed to Riverbank
Investments, Inc., by instrument of record in File No. 2006086205,
F.B.C.O.P.R., being all of that certain called 4.4933 acre tract
conveyed to Riverbank Investments, Inc., by instrument of record in
File No. 2006133790, F.B.C.O.P.R., being all of that certain called
200.2961 acre tract conveyed to Riverbank Investments, Inc., by
instrument of record in File No. 2007023698, F.B.C.O.P.R., all of
that certain called 45.40 acre tract (described as Tract 1)
conveyed to Riverbank Investments, Inc., by instrument of record in
File No. 2007001713, F.B.C.O.P.R., all of that certain called 41.98
acre tract (described as Tract 2) conveyed to Riverbank
Investments, Inc., by instrument of record in File No. 2007004160,
F.B.C.O.P.R., being all of that certain called 11.1752 acre tract
conveyed to Riverbank Investments, Inc., by instrument of record in
File No. 2007023698, F.B.C.O.P.R., being a portion of that certain
called 2.65 acre tract conveyed to Riverbank Investments, Inc., by
instruments of record in File No's. 2007001713 and 2007004160,
F.B.C.O.P.R., being a portion of that certain called 4.9862 acre
tract conveyed to Twinwood (U.S.), Inc., by instrument of record in
File No. 2006121124, F.B.C.O.P.R, being a portion of that certain
called 5.000 acre tract conveyed to Twinwood (U.S.), Inc., by
instrument of record in File No. 2006108996, F.B.C.O.P.R., being a
portion of those certain called 53.6119 17.9178 acre tracts
conveyed to Twinwood (U.S.), Inc., by instrument of record in File
No. 1999037317, F.B.C.O.P.R., being all of that certain called
12.4259 acre tract conveyed to Twinwood (U.S.), Inc., by instrument
of record in File No. 2000105214, F.B.C.O.P.R., being all of that
certain called 34.8399 acre tract conveyed to Twinwood (U.S.),
Inc., by instrument of record in File No. 9145921, F.B.C.O.P.R.,
being all of that certain called 100.236 acre tract conveyed to
Twinwood (U.S.), Inc., by instrument of record in File No. 9403428,
F.B.C.O.P.R., being all of that certain called 172.658 acre tract
conveyed to 471 Pearson Farms, Inc., by instrument of record in File
No. 2006146530, F.B.C.O.P.R., being all of that certain called
471.04 acre tract conveyed to 471 Pearson Farms, Inc., by
instrument of record in File No. 2006102364, F.B.C.O.P.R., and
being all of that certain called 49.071 acre tract conveyed to 471
Pearson Farms, Inc., by instrument of record in File No.
2008047777, F.B.C.O.P.R., said 1411.108 acres being more
particularly described in six (6) parts by metes and bounds as
follows (all bearings are assumed);
PART ONE
BEGINNING at the southeast corner of said 360.3145 acre
tract, same being the southwest corner of that certain called
16.131 acre tract conveyed to Douglas W. Fisher, et al, by
instrument of record in Volume 887, Page 553, Deed Records, of said
Fort Bend County (F.B.C.D.R.), and on the north line of that certain
called 55.9951 acre tract conveyed to Michael R. Burns, et al, by
instrument of record in File No. 2005120041, F.B.C.O.P.R.;
Thence, with the south line of said 360.3145 acre tract, the
following thirteen (13) courses:
1) South 87 31' 34" West (called South 87 36' 41"
West), 219.82 feet to a point for corner;
2) North 72 29' 30" West, 99.71 feet to a point for
corner;
3) North 87 08' 02" West, 55.48 feet to a point for
corner;
4) North 18 00' 45" West, 59.72 feet to a point for
corner;
5) North 70 58' 36" West, 125.00 feet to a point for
corner;
6) North 57 58' 26" West, 82.94 feet to a point for
corner;
7) North 56 13' 55" West, 280.24 feet to a point for
corner;
8) North 64 38' 33" West, 158.69 feet to a point for
corner;
9) North 72 37' 06" West, 339.00 feet to a point for
corner;
10) North 84 43' 06" West, 479.37 feet to a point for
corner;
11) South 75 18' 44" West, 55.53 feet to a point for
corner;
12) South 54 34' 59" West, 60.04 feet to a point for
corner;
13) South 73 46' 30" West, 228.74 feet to southwest
corner of said 360.3145 acre tract, same being on the east line of
said 9.32 acre tract;
Thence, with the east line of said 9.32 acre tract, South 02
28' 44" East (called South 02 27' 11" East), 96.79 feet to the
southeast corner of said 9.32 acre tract;
Thence, with the south line of said 9.32 acre tract, the
following four (4) courses:
1) South 61 33' 12" West, 47.68 feet to a point for
corner;
2) South 48 37' 19" West, 199.25 feet to a point for
corner;
3) South 45 15' 32" West, 176.55 feet to a point for
corner;
4) South 87 27' 42" West, 422.19 feet to the southwest
corner of said 9.32 acre tract, same being on the east line of said
52.71 acre tract;
Thence, with the east line of said 52.71 acre tract, South 02
32' 18" East (called South 02 30' 45" East), 632.20 feet to the
southeast corner of said 52.71 acre tract;
Thence, with the south line of said 52.71 acre tract, the
following three (3) courses:
1) South 30 27' 35" West, 240.83 feet to a point for
corner;
2) South 22 45' 01" West, 290.49 feet to a point for
corner;
3) South 26 09' 57" West, 763.79 feet to the southwest
corner of said 52.71 acre tract;
Thence, with the west line of said 52.71 acre tract, North 01
48' 07" West, 3097.84 feet to a point for corner;
Thence, continuing with said west line, North 02 02' 18"
West, 986.87 feet to a point for corner;
Thence, leaving said west line, North 87 02' 32" East, 572.57
feet to a point for corner on the east line of said 52.71 acre tract;
Thence, with the east line of said 52.71 acre tract, South 02
54' 50" East, 169.19 feet to a point for corner;
Thence, continuing with said east line, South 02 32' 18"
East, 1549.89 feet to the northwest corner of said 9.32 acre tract;
Thence, with the north line of said 9.32 acre tract, North 87
27' 50" East, 751.16 feet to the northeast corner of said 9.32 acre
tract, same being on the west line of said 360.3145 acre tract;
Thence, with the west line of said 360.3145 acre tract, North
02 32' 18" West, 1826.89 feet to a point for corner;
Thence, leaving said west line, North 71 01' 02" East, 236.27
feet to a point for corner;
Thence, North 61 57' 09" East, 486.25 feet to a point for
corner;
Thence, North 52 07' 38" East, 485.75 feet to a point for
corner;
Thence, North 42 01' 38" East, 486.53 feet to a point for
corner;
Thence, North 31 59' 52" East, 486.24 feet to a point for
corner;
Thence, North 22 04' 57" East, 485.76 feet to a point for
corner;
Thence, North 12 02' 52" East, 485.45 feet to a point for
corner;
Thence, North 02 41' 07" East, 729.64 feet to a point for
corner on the east line of said 360.3145 acre tract;
Thence, with the east line of said 360.3145 acre tract, the
following four (4) courses:
1) South 02 21' 36" East, 204.90 feet to a point for
corner;
2) South 02 25' 17" East, 3016.66 feet to a point for
corner;
3) South 02 20' 57" East, 1297.76 feet to a point for
corner;
4) South 02 22' 26" East, 1004.27 feet to the POINT OF
BEGINNING and containing 196.430 acres of land.
PART TWO
BEGINNING at the northeast corner of said 4.4933 acre tract,
same being on the west line of said 360.3145 acre tract;
Thence, with the common line of said 4.4933 and 360.3145 acre
tracts, South 02 32' 18" East (called South 02 27' 11" East),
260.16 feet to the southeast corner of said 4.4933 acre tract;
Thence, with the south line of said 4.4933 acre tract, South
87 31' 16" West, 751.16 feet to the southwest corner of said 4.4933
acre tract;
Thence, with the west line of said 4.4933 acre tract, North
02 32' 18" West, 260.16 feet to the northwest corner of said 4.4933
acre tract;
Thence, with the north line of said 4.4933 acre tract, North
87 31' 16" East, 751.16 feet to the POINT OF BEGINNING and
containing 4.486 acres of land.
PART THREE
BEGINNING at the northwest corner of said 200.2961 acre
tract, same being the southwest corner of that certain called 10.69
acre tract conveyed to Jean Thompson, et vir, by instrument of
record in Volume 512, Page 560, F.B.C.D.R., and on the east
right-of-way line of F.M. 1489 (width varies);
Thence, with the common line of said 200.2961 and 10.69 acre
tracts, North 87 55' 46" East (called South 89 14' 32" East),
1557.79 feet to the northeast corner of said 200.2961 acre tract, on
the west line of said 11.1752 acre tract and on the common line of
said Thomas Westall League and said Noel F. Roberts League;
Thence, with the west line of said 11.1752 acre tract and said
common survey line, North 02 19' 50" West (called North 00 29' 52"
East), 300.50 feet to the northwest corner of said 11.1752 acre
tract;
Thence, leaving said common survey line and with the north
line of said 11.1752 acre tract, North 87 45' 58" East, 1009.18 feet
to the northeast corner of said 11.1752 acre tract, same being on
the west line of said 2.65 acre tract;
Thence, with the west line of said 2.65 acre tract, North 02
29' 30" West (called North 00 12' 11" West), 947.23 feet to the
southeast corner of said 4.9862 acre tract;
Thence, with the south line of said 4.9862 acre tract, South
87 24' 11" West (called South 89 44' 50" West), 1000.31 feet to the
southwest corner of said 4.9862 acre tract, on the east line of said
53.6119 acre tract and on the common line of said Thomas Westall
League and said Noel F. Roberts League;
Thence, with the east line of said 53.6119 acre tract and with
said common survey line, South 02 31' 27" East (called South 00 15'
51" West), 226.21 feet to a the southeast corner of said 53.6119
acre tract;
Thence, leaving said common survey line and with the south
line of said 53.6119 acre tract, South 88 04' 23" West, 1547.74 feet
to the southwest corner of said 53.6119 acre tract and on the east
line of said F.M. 1489;
Thence, with the common line of said 53.6119 acre tract and
said F.M. 1489, North 01 44' 43" West, 1519.01 feet to the northwest
corner of said 53.6119 acre tract, same being the southwest corner
of said 14.9178 acre tract;
Thence, continuing with the common line of said 14.9178 acre
tract and said F.M. 1489, North 01 44' 43" West (called North 01 02'
35" East), 493.35 feet to the northwest corner of said 14.9178 acre
tract;
Thence, with the north line of said 14.9178 acre tract, the
following five (5) courses:
1) North 88 37' 58" East, 310.50 feet to a point for
corner;
2) South 68 05' 12" East, 257.20 feet to a point for
corner;
3) South 87 15' 22" East, 370.54 feet to a point for
corner;
4) North 01 39' 08" West, 25.06 feet to a point for
corner;
5) South 87 24' 33" East, 23.86 feet to a point for
corner;
Thence, leaving said north line, South 27 58' 11" East,
355.16 feet to a point for corner;
Thence, South 37 55' 31" East, 486.29 feet to a point for
corner;
Thence, South 47 56' 06" East, 208.22 feet to a point for
corner on the east line of said 53.6119 acre tract and on the common
line of said Thomas Westall League and said Noel F. Roberts League;
Thence, with the east line of said 53.6119 acre tract and with
said common survey line, South 02 31' 27" East, 382.51 feet to the
northwest corner of said 5.000 acre tract;
Thence, leaving said common survey line and with the north
line of said 5.000 acre tract, North 87 23' 13" East (called North
89 44' 50" East), 469.45 feet to a point for corner;
Thence, leaving said north line, South 58 01' 26" East,
156.48 feet to a point for corner;
Thence, South 67 52' 22" East, 486.38 feet to a point for
corner;
Thence, South 77 58' 23" East, 20.59 feet to a point for
corner on the east line of said 2.65 acre tract;
Thence, with the east line of said 2.65 acre tract, South 02
29' 30" East, 1623.17 feet to the southeast corner of said 2.65 acre
tract;
Thence, with the south line of said 2.65 acre tract, South 87
00' 22" West, 60.17 feet to the southwest corner of said 2.65 acre
tract, same being the most southerly northeast corner of said 41.98
acre tract;
Thence, with a south line of said 41.98 acre tract, South 87
30' 57" West (called South 89 57' 44" West), 207.08 feet to a
reentrant corner of said 41.98 acre tract;
Thence, with the east line of said 41.98 acre tract, South 02
19' 50" East (called South), 4322.10 feet to the southeast corner of
said 41.98 acre tract;
Thence, with the south line of said 41.98 acre tract, the
following three (3) courses:
1) South 40 39' 15" West, 181.22 feet to a point for
corner;
2) South 48 32' 58" West, 308.00 feet to a point for
corner;
3) South 52 20' 58" West, 47.50 feet to the southwest
corner of said 41.98 acre tract, same being the southeast corner of
said 45.40 acre tract;
Thence, with the south line of said 45.40 acre tract, the
following three (3) courses:
1) South 52 20' 58" West (called South 54 40' 48"
West), 232.21 feet to a point for corner;
2) South 58 09' 10" West, 244.44 feet to a point for
corner;
3) North 02 19' 50" West, 27.44 feet to the southwest
corner of said 45.40 acre tract, same being on the on the common
line of said Thomas Westall League and said Noel F. Roberts League;
Thence, with the west line of said 45.40 acre tract and said
common survey line, South 44 27' 09" West, 4.49 feet to a point for
corner, the southeast corner of said 200.2961 acre tract;
Thence, leaving said common survey line and with the south
line of said 200.2961 acre tract, the following nineteen (19)
courses:
1) South 63 35' 50" West, 70.07 feet to a point for
corner;
2) South 78 36' 41" West, 58.46 feet to a point for
corner;
3) South 53 26' 35" West, 50.18 feet to a point for
corner;
4) South 59 46' 48" West, 121.83 feet to a point for
corner;
5) South 53 30' 56" West, 104.37 feet to a point for
corner;
6) South 56 10' 29" West, 90.56 feet to a point for
corner;
7) South 62 00' 00" West, 179.22 feet to a point for
corner;
8) South 52 38' 17" West, 101.01 feet to a point for
corner;
9) South 50 07' 56" West, 119.96 feet to a point for
corner;
10) South 49 49' 54" West, 136.72 feet to a point for
corner;
11) South 53 22' 53" West, 100.97 feet to a point for
corner;
12) South 04 59' 07" West, 21.97 feet to a point for
corner;
13) South 44 09' 14" West, 54.71 feet to a point for
corner;
14) South 63 08' 28" West, 53.08 feet to a point for
corner;
15) South 45 29' 40" West, 62.34 feet to a point for
corner;
16) South 59 07' 52" West, 72.79 feet to a point for
corner;
17) South 85 38' 24" West, 47.15 feet to a point for
corner;
18) South 60 47' 03" West, 137.17 feet to a point for
corner;
19) South 57 56' 35" West, 19.68 feet to the southwest
corner of said 200.2961 acre tract and on the east line of said F.M.
1489;
Thence, with the common line of said 200.2961 acre tract and
said F.M. 1489, the following five (5) courses:
1) North 13 25' 49" West, 1101.82 feet to a point for
corner, the beginning of a curve;
2) 654.25 feet along the arc of a non-tangent curve to
the right, having a radius of 5679.65 feet, a central angle of 06
36' 00" and a chord which bears North 05 03' 49" West, 653.89 feet
to a point for corner;
3) North 01 45' 49" West, 1139.56 feet to a point for
corner;
4) North 01 46' 49" West, 1352.30 feet to a point for
corner;
5) North 01 45' 49" West, 1740.64 feet to the POINT OF
BEGINNING and containing 370.613 acres of land.
PART FOUR
BEGINNING at the northeast corner of said 12.4259 acre tract,
same being the southeast corner of that certain called 18.17 acre
tract conveyed to Donald P. Rettig, by instrument of record in
Volume 464, Page 158, F.B.C.D.R., and on the west right-of-way line
of F.M. 1489;
Thence, with the common line of said 12.4259 acre tract and
said F.M. 1489, South 01 41' 29" East (called South 01 05' 32"
West), 502.32 feet to the southeast corner of said 12.4259 acre
tract;
Thence, with the south line of said 12.4259 acre tract, South
88 03' 02" West, 1076.49 feet to the southwest corner of said
12.4259 acre tract;
Thence, with the west line of said 12.4259 acre tract, North
02 26' 34" West, 500.28 feet to the northwest corner of said 12.4259
acre tract;
Thence, with the north line of said 12.4259 acre tract, North
87 56' 31" East, 1083.06 feet to the POINT OF BEGINNING and
containing 12.426 acres of land.
PART FIVE
BEGINNING at the northeast corner of said 34.8399 acre tract,
same being the southeast corner of that certain called 54.4349 acre
tract conveyed to Twinwood (U.S.), Inc., by instrument of record in
File No. 2007046885, F.B.C.O.P.R., and on the west right-of-way
line of F.M. 1489;
Thence, with the common line of said 34.8399 acre tract and
said F.M. 1489, South 01 42' 54" East (called South 01 04' 32"
West), 980.70 feet to the southeast corner of said 34.8399 acre
tract;
Thence, with the south line of said 34.8399 acre tract, South
87 58' 18" West, 1539.02 feet to the southwest corner of said
34.8399 acre tract, same being on the east line of said 100.236 acre
tract;
Thence, with the east line of said 100.236 acre tract, South
02 02' 49" East (called South 00 19' 52" West), 497.23 feet to the
southeast corner of said 100.236 acre tract;
Thence, with the south line of said 100.236 acre tract, South
87 55' 33" West, 4070.78 feet to the southwest corner of said
100.236 acre tract, same being on the common line of said Thomas
Westall League and said Andrew Roberts League;
Thence, with west line of said 100.236 acre tract and with
said common survey line, North 01 36' 56" West, 1072.03 feet to the
northwest corner of said 100.236 acre tract;
Thence, leaving said common survey line and with the north
line of said 100.236 acre tract, North 88 02' 10" East, 4058.63 feet
to the northeast corner of said 100.236 acre tract, same being on
the west line of said 34.8399 acre tract;
Thence, with the west line of said 34.8399 acre tract, North
02 27' 34" West, 416.43 feet to the northwest corner of said 34.8399
acre tract;
Thence, with the north line of said 34.8399 acre tract, North
88 04' 15" East, 1551.78 feet to the POINT OF BEGINNING and
containing 134.530 acres of land.
PART SIX
BEGINNING at the northeast corner of said 172.658 acre tract,
same being the southeast corner of that certain called 6.0152 acre
tract conveyed to Russell S. Cosbey, et ux, by instrument of record
in File No. 2000099907, F.B.C.O.P.R., and on the west right-of-way
line of F.M. 1489;
Thence, with the common line of said 172.658 acre tract and
said F.M. 1489, the following six (6) courses:
1) South 01 49' 04" East (called South 00 37' 36"
West), 3396.51 feet to a point for corner;
2) South 03 48' 40" West, 1091.60 feet to a point for
corner;
3) South 45 16' 44" East, 36.50 feet to a point for
corner;
4) South 18 38' 33" East, 268.23 feet to a point for
corner;
5) South 55 31' 29" East, 68.72 feet to a point for
corner;
6) South 18 32' 36" East, 22.00 feet to the southeast
corner of said 172.658 acre tract;
Thence, with the south line of said 172.658 acre tract, the
following eight (8) courses:
1) South 74 43' 52" West, 41.05 feet to a point for
corner;
2) South 53 51' 27" West, 333.34 feet to a point for
corner;
3) South 64 46' 07" West, 85.48 feet to a point for
corner;
4) South 54 55' 11" West, 591.64 feet to a point for
corner;
5) South 64 32' 52" West, 162.51 feet to a point for
corner;
6) South 53 08' 15" West, 254.36 feet to a point for
corner;
7) South 75 55' 50" West, 136.41 feet to a point for
corner;
8) South 48 54' 57" West, 165.71 feet to the southwest
corner of said 172.658 acre tract, same being on the east line of
said 471.04 acre tract;
Thence, with the east line of said 471.04 acre tract, South
02 33' 03" East (called South 02 37' 51" East), 41.13 feet to the
southeast corner of said 471.04 acre tract;
Thence, with the south line of said 471.04 acre tract, the
following seventeen (17) courses:
1) South 62 48' 58" West, 688.77 feet to a point for
corner;
2) South 69 16' 19" West, 497.92 feet to a point for
corner;
3) South 76 04' 09" West, 385.16 feet to a point for
corner;
4) South 82 31' 57" West, 266.60 feet to a point for
corner;
5) South 75 39' 34" West, 356.46 feet to a point for
corner;
6) South 70 58' 32" West, 496.84 feet to a point for
corner;
7) South 64 12' 51" West, 306.60 feet to a point for
corner;
8) South 61 01' 35" West, 164.27 feet to a point for
corner;
9) South 53 40' 33" West, 699.98 feet to a point for
corner;
10) South 45 05' 57" West, 588.54 feet to a point for
corner;
11) South 41 22' 52" West, 759.42 feet to a point for
corner;
12) South 53 58' 32" West, 254.99 feet to a point for
corner;
13) South 65 44' 23" West, 300.33 feet to a point for
corner;
14) South 49 10' 22" West, 311.59 feet to a point for
corner;
15) South 67 11' 14" West, 413.50 feet to a point for
corner;
16) South 78 33' 42" West, 240.12 feet to a point for
corner;
17) North 77 12' 44" West, 1142.94 feet to the
southwest corner of said 471.04 acre tract;
Thence, with the west line of said 471.04 acre tract, North
01 54' 52" West, 2799.94 feet to the most westerly northwest corner
of said 471.04 acre tract;
Thence, with a north line of said 471.04 acre tract, North 87
06' 14" East, 1779.70 feet to a point for corner;
Thence, North 87 04' 07" East, 1131.82 feet to a reentrant
corner of said 471.04 acre tract, same being on the common line of
said Thomas Westall League and said Andrew Roberts League;
Thence, with a west line of said 471.04 acre tract and with
said common survey line, North 02 32' 08" West, 1603.47 feet to a
point for corner;
Thence, continuing with said west line and said common survey
line, North 01 58' 25" West, 540.08 feet to the most northerly
northwest corner of said 471.04 acre tract, same being the
southwest corner of said 49.071 acre tract;
Thence, continuing with said common survey line and with the
west line of said 49.071 acre tract, North 02 38' 19" West, (called
North 00 05' 14" East), 532.05 feet to the northwest corner of said
49.071 acre tract;
Thence, leaving said common survey line and with the north
line of said 49.071 acre tract, North 87 49' 27" East, 4041.06 feet
to the northeast corner of said 49.071 acre tract;
Thence, with the east line of said 49.071 acre tract, South
01 40' 42" East, 526.97 feet to the southeast corner of said 49.071
acre tract, same being the northeast corner of said 471.04 acre
tract;
Thence, with the east line of said 471.04 acre tract, South
01 40' 42" East, 538.41 feet to a reentrant corner of said 471.04
acre tract;
Thence, South 88 26' 34" East, 31.72 feet to the most
easterly northeast corner of said 471.04 acre tract, same being on
the west line of said 172.658 acre tract;
Thence, with said west line, North 02 33' 03" West, 3490.59
feet to most westerly northwest corner of said 172.658 acre tract;
Thence, with the north line of said 172.658 acre tract, the
following three (3) courses:
1) North 87 50' 31" East, 624.00 feet to a point for
corner;
2) North 02 30' 43" West, 475.30 feet to a point for
corner;
3) North 87 49' 51" East, 898.58 feet to the POINT OF
BEGINNING and containing 694.217 gross acres of land save and
except, however, the following described tract of land.
SAVE AND EXCEPT TRACT FOR PART SIX
Being a called 1.59 acre tract conveyed to Texas Illinois
Natural Gas Pipeline Company, by instrument of record in Volume
273, Page 583. F.B.C.D.R.
COMMENCING for reference at the southwest corner of said
172.658 acre tract, same being on the east line of said 471.04 acre
tract;
Thence, with the common line of said 172.658 and 471.04 acre
tracts, North 02 33' 03" West, 196.66 feet to the southeast corner
of said 1.59 acre tract and the POINT OF BEGINNING;
Thence, with the south line of said 1.59 acre tract, South 87
06' 36" West, 140.03 feet to the southwest corner of said 1.59 acre
tract;
Thence, with the westerly line of said 1.59 acre tract, North
28 52' 29" West, 431.44 feet to the northwest corner of said 1.59
acre tract;
Thence, with the northerly line of said 1.59 acre tract,
North 61 07' 31" East, 149.98 feet to the northeast corner of said
1.59 acre tract;
Thence, with the easterly line of said 1.59 acre tract, South
28 52' 20" East, 444.10 feet to the most northerly southeast corner
of said 1.59 acre tract and on the west line of said 172.658 acre
tract;
Thence, with the common line of said 1.59 and 172.658 acre
tracts, South 02 33' 03" East, 54.32 feet to the POINT OF BEGINNING
and containing 1.594 acres of land.
Resulting in a net area for Part Six of 692.623 acres of land.
Said Part One, Part Two, Part Three, Part Four, Part Five and
Part Six containing a total of 1411.108 acres of land.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 4. This Act takes effect 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, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1596 was passed by the House on May
15, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1596 was passed by the Senate on May
27, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor