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Texas House Bill HB2035

Texas 2009 - 81st Regular

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11 H.B. No. 2035
22
33
44 AN ACT
55 relating to the creation of the Hood County Granbury Municipal
66 Utility District No. 1; providing authority to impose a tax and
77 issue bonds; granting a limited power of eminent domain.
88 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
99 SECTION 1. Subtitle F, Title 6, Special District Local Laws
1010 Code, is amended by adding Chapter 8342 to read as follows:
1111 CHAPTER 8342. HOOD COUNTY GRANBURY MUNICIPAL UTILITY
1212 DISTRICT NO. 1
1313 SUBCHAPTER A. GENERAL PROVISIONS
1414 Sec. 8342.001. DEFINITIONS. In this chapter:
1515 (1) "Board" means the district's board of directors.
1616 (2) "Director" means a board member.
1717 (3) "District" means the Hood County Granbury
1818 Municipal Utility District No. 1.
1919 Sec. 8342.002. NATURE OF DISTRICT. The district is a
2020 municipal utility district created under Section 59, Article XVI,
2121 Texas Constitution.
2222 Sec. 8342.003. CONFIRMATION AND DIRECTORS' ELECTION
2323 REQUIRED. The temporary directors shall hold an election to
2424 confirm the creation of the district and to elect five permanent
2525 directors as provided by Section 49.102, Water Code.
2626 Sec. 8342.004. CONSENT OF MUNICIPALITY AND DEVELOPMENT
2727 AGREEMENT REQUIRED. (a) The temporary directors may not hold an
2828 election under Section 8342.003 until each municipality in whose
2929 corporate limits or extraterritorial jurisdiction the district is
3030 located has:
3131 (1) consented by ordinance or resolution to the
3232 creation of the district; and
3333 (2) entered into a development agreement with the
3434 majority owner of the assessed value of the real property in the
3535 district.
3636 (b) If a development agreement required under Subsection
3737 (a)(2) has not been entered into before September 1, 2010:
3838 (1) the district is dissolved September 1, 2010,
3939 except that:
4040 (A) any debts incurred shall be paid;
4141 (B) any assets that remain after the payment of
4242 debts shall be transferred to Hood County; and
4343 (C) the organization of the district shall be
4444 maintained until all debts are paid and remaining assets are
4545 transferred; and
4646 (2) this chapter expires September 1, 2013.
4747 Sec. 8342.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
4848 The district is created to serve a public purpose and benefit.
4949 (b) The district is created to accomplish the purposes of:
5050 (1) a municipal utility district as provided by
5151 general law and Section 59, Article XVI, Texas Constitution; and
5252 (2) Section 52, Article III, Texas Constitution, that
5353 relate to the construction, acquisition, improvement, operation,
5454 or maintenance of macadamized, graveled, or paved roads, or
5555 improvements, including storm drainage, in aid of those roads.
5656 Sec. 8342.006. INITIAL DISTRICT TERRITORY. (a) The
5757 district is initially composed of the territory described by
5858 Section 2 of the Act creating this chapter.
5959 (b) The boundaries and field notes contained in Section 2 of
6060 the Act creating this chapter form a closure. A mistake made in the
6161 field notes or in copying the field notes in the legislative process
6262 does not affect the district's:
6363 (1) organization, existence, or validity;
6464 (2) right to issue any type of bond for the purposes
6565 for which the district is created or to pay the principal of and
6666 interest on a bond;
6767 (3) right to impose a tax; or
6868 (4) legality or operation.
6969 [Sections 8342.007-8342.050 reserved for expansion]
7070 SUBCHAPTER B. BOARD OF DIRECTORS
7171 Sec. 8342.051. GOVERNING BODY; TERMS. (a) The district is
7272 governed by a board of five elected directors.
7373 (b) Except as provided by Section 8342.052, directors serve
7474 staggered four-year terms.
7575 Sec. 8342.052. TEMPORARY DIRECTORS. (a) The temporary
7676 board consists of:
7777 (1) Jeffrey Krueger;
7878 (2) William Bruce Schneider;
7979 (3) Kevin Patton;
8080 (4) Virgil R. Briscoe; and
8181 (5) Jeffrey K. Wilson.
8282 (b) Temporary directors serve until the earlier of:
8383 (1) the date permanent directors are elected under
8484 Section 8342.003; or
8585 (2) September 1, 2013.
8686 (c) If permanent directors have not been elected under
8787 Section 8342.003 and the terms of the temporary directors have
8888 expired, successor temporary directors shall be appointed or
8989 reappointed as provided by Subsection (d) to serve terms that
9090 expire on the earlier of:
9191 (1) the date permanent directors are elected under
9292 Section 8342.003; or
9393 (2) the fourth anniversary of the date of the
9494 appointment or reappointment.
9595 (d) If Subsection (c) applies, the owner or owners of a
9696 majority of the assessed value of the real property in the district
9797 may submit a petition to the commission requesting that the
9898 commission appoint as successor temporary directors the five
9999 persons named in the petition. The commission shall appoint as
100100 successor temporary directors the five persons named in the
101101 petition.
102102 [Sections 8342.053-8342.100 reserved for expansion]
103103 SUBCHAPTER C. POWERS AND DUTIES
104104 Sec. 8342.101. GENERAL POWERS AND DUTIES. The district has
105105 the powers and duties necessary to accomplish the purposes for
106106 which the district is created.
107107 Sec. 8342.102. MUNICIPAL UTILITY DISTRICT POWERS AND
108108 DUTIES. The district has the powers and duties provided by the
109109 general law of this state, including Chapters 49 and 54, Water Code,
110110 applicable to municipal utility districts created under Section 59,
111111 Article XVI, Texas Constitution.
112112 Sec. 8342.103. AUTHORITY FOR ROAD PROJECTS. Under Section
113113 52, Article III, Texas Constitution, the district may design,
114114 acquire, construct, finance, issue bonds for, improve, operate,
115115 maintain, and convey to this state, a county, or a municipality for
116116 operation and maintenance macadamized, graveled, or paved roads, or
117117 improvements, including storm drainage, in aid of those roads.
118118 Sec. 8342.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
119119 project must meet all applicable construction standards, zoning and
120120 subdivision requirements, and regulations of each municipality in
121121 whose corporate limits or extraterritorial jurisdiction the road
122122 project is located.
123123 (b) If a road project is not located in the corporate limits
124124 or extraterritorial jurisdiction of a municipality, the road
125125 project must meet all applicable construction standards,
126126 subdivision requirements, and regulations of each county in which
127127 the road project is located.
128128 (c) If the state will maintain and operate the road, the
129129 Texas Transportation Commission must approve the plans and
130130 specifications of the road project.
131131 Sec. 8342.105. COMPLIANCE WITH MUNICIPAL REGULATIONS. Any
132132 water, sanitary sewer, drainage, or other infrastructure or public
133133 facilities constructed, acquired, improved, maintained, or
134134 operated by the district shall comply with any subdivision or other
135135 applicable regulations of any municipality in whose corporate
136136 limits or extraterritorial jurisdiction the infrastructure or
137137 public facilities are located.
138138 Sec. 8342.106. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
139139 OR RESOLUTION. The district shall comply with all applicable
140140 requirements of any ordinance or resolution that is adopted under
141141 Section 54.016 or 54.0165, Water Code, and that consents to the
142142 creation of the district or to the inclusion of land in the
143143 district.
144144 Sec. 8342.107. LIMITATION ON USE OF EMINENT DOMAIN. The
145145 district may not exercise the power of eminent domain outside the
146146 district to acquire a site or easement for:
147147 (1) a road project authorized by Section 8342.103; or
148148 (2) a recreational facility as defined by Section
149149 49.462, Water Code.
150150 Sec. 8342.108. DIVISION OF DISTRICT. (a) The district may
151151 be divided into two or more new districts only if the district:
152152 (1) has no outstanding bonded debt; and
153153 (2) is not imposing ad valorem taxes.
154154 (b) The division procedure is prescribed by Sections 53.030
155155 through 53.041, Water Code.
156156 (c) Any new district created by the division of the district
157157 has all the powers and duties of the district and is subject to all
158158 limitations and conditions provided by this chapter.
159159 (d) A new district created by the division of the district
160160 may not, at the time the new district is created, contain land that
161161 is not contiguous to the area described by Section 2 of the Act
162162 creating this chapter.
163163 (e) A division of the district may not occur until each
164164 municipality in whose corporate limits or extraterritorial
165165 jurisdiction the district is located has adopted a resolution
166166 consenting to the division.
167167 Sec. 8342.109. LIMITATION ON DISSOLUTION OF DISTRICT. (a)
168168 Before the issuance of bonds, the district or any new district
169169 created by the division of the district may not be dissolved unless
170170 the dissolution is approved by:
171171 (1) the board;
172172 (2) the majority owner of the assessed value of the
173173 real property in the district or the new district, as applicable;
174174 and
175175 (3) the governing body of each municipality in whose
176176 corporate limits or extraterritorial jurisdiction the district or
177177 the new district is located.
178178 (b) The district or any new district may not be dissolved if
179179 it has outstanding bonded debt unless:
180180 (1) all the property in the district or the new
181181 district is annexed by a municipality;
182182 (2) the dissolution is approved by the governing body
183183 of the municipality; and
184184 (3) the bonded debt and developer reimbursement
185185 obligations of the district or the new district are assumed by the
186186 municipality in whose corporate limits or extraterritorial
187187 jurisdiction the district or the new district is located or by
188188 another entity approved by the municipality.
189189 (c) A dissolution subject to Subsection (b) is effective
190190 when all outstanding bonded debt and developer reimbursement
191191 obligations have been discharged.
192192 Sec. 8342.110. DEDICATION OF AIRPORT PROPERTY. The
193193 district may dedicate, by fee or easement, property owned by the
194194 district for any purposes necessary or convenient for the
195195 operation, use, or expansion of a municipal airport.
196196 [Sections 8342.111-8342.150 reserved for expansion]
197197 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
198198 Sec. 8342.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
199199 district may issue, without an election, bonds and other
200200 obligations secured by:
201201 (1) revenue other than ad valorem taxes; or
202202 (2) contract payments described by Section 8342.153.
203203 (b) The district must hold an election in the manner
204204 provided by Chapters 49 and 54, Water Code, to obtain voter approval
205205 before the district may impose an ad valorem tax or issue bonds
206206 payable from ad valorem taxes.
207207 (c) The district may not issue bonds payable from ad valorem
208208 taxes to finance a road project unless the issuance is approved by a
209209 vote of a two-thirds majority of the district voters voting at an
210210 election held for that purpose.
211211 Sec. 8342.152. OPERATION AND MAINTENANCE TAX. (a) If
212212 authorized at an election held under Section 8342.151, the district
213213 may impose an operation and maintenance tax on taxable property in
214214 the district in accordance with Section 49.107, Water Code.
215215 (b) The board shall determine the tax rate. The rate may not
216216 exceed the rate approved at the election.
217217 Sec. 8342.153. CONTRACT TAXES. (a) In accordance with
218218 Section 49.108, Water Code, the district may impose a tax other than
219219 an operation and maintenance tax and use the revenue derived from
220220 the tax to make payments under a contract after the provisions of
221221 the contract have been approved by a majority of the district voters
222222 voting at an election held for that purpose.
223223 (b) A contract approved by the district voters may contain a
224224 provision stating that the contract may be modified or amended by
225225 the board without further voter approval.
226226 [Sections 8342.154-8342.200 reserved for expansion]
227227 SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
228228 Sec. 8342.201. AUTHORITY TO ISSUE BONDS AND OTHER
229229 OBLIGATIONS. The district may issue bonds or other obligations
230230 payable wholly or partly from ad valorem taxes, impact fees,
231231 revenue, contract payments, grants, or other district money, or any
232232 combination of those sources, to pay for any authorized district
233233 purpose.
234234 Sec. 8342.202. TAXES FOR BONDS. At the time the district
235235 issues bonds payable wholly or partly from ad valorem taxes, the
236236 board shall provide for the annual imposition of a continuing
237237 direct ad valorem tax, without limit as to rate or amount, while all
238238 or part of the bonds are outstanding as required and in the manner
239239 provided by Sections 54.601 and 54.602, Water Code.
240240 Sec. 8342.203. BONDS FOR ROAD PROJECTS. At the time of
241241 issuance, the total principal amount of bonds or other obligations
242242 issued or incurred to finance road projects and payable from ad
243243 valorem taxes may not exceed one-fourth of the assessed value of the
244244 real property in the district.
245245 SECTION 2. The Hood County Granbury Municipal Utility
246246 District No. 1 initially includes all the territory contained in
247247 the following area:
248248 Parts of the MILAM COUNTY SCHOOL LAND SURVEY LOWER LEAGUE,
249249 the MILAM COUNTY SCHOOL LAND SURVEY UPPER LEAGUE, the JOHN DAVID
250250 CROW SURVEY, Abstract No. 110, the EBENEZER MILLICAN SURVEY,
251251 Abstract No. 414, the J. W. OWNSBY SURVEY, Abstract No. 814, the G.
252252 W. WILLIAMS SURVEY, Abstract No. 600, the JOSE MAYBARBO SURVEY,
253253 Abstract No. 749, the C. C. HARVICK SURVEY, Abstract No. 290, the E.
254254 T. GATLIN SURVEY, Abstract No. 211, the J. W. DAWSON SURVEY,
255255 Abstract No. 805 and the J. H. DAVIS SURVEY, Abstract No. 157
256256 situated about 2-9/10 miles south 41 degrees-30 minutes west from
257257 the courthouse in Granbury the county seat for Hood County, Texas;
258258 embracing a portion of the 1924-31/100 acres tract described in the
259259 deed to The Ranch at Granbury, L.L.C. recorded in volume 1547, page
260260 834 of the Real Records of Hood County, Texas and a portion of the
261261 246-323/1000 acres tract described in the deed to The Ranch at
262262 Granbury, L.P. recorded in volume 1591, page 306 of the said Real
263263 Records and all of the SCOTTISH RITE VILLAGE SUBDIVISION UNIT ONE
264264 TRACT ONE, according to the plat thereof recorded in Slide A-348-B
265265 of the Plat Records of Hood County, Texas and described by metes and
266266 bounds as follows:
267267 The bearings and coordinate positions are per the Texas
268268 Coordinate System North Central Zone NAD 83 ( 1993 ). The lengths
269269 shown hereon are horizontal ground lengths. To convert horizontal
270270 ground lengths to grid lengths multiply by 0.999892309. All 5/8"
271271 capped irons set called for in this description are marked ( BROOKES
272272 BAKER SURVEYORS ).
273273 Beginning at a 12" pine fence post found for the northeast
274274 corner of said 1924-31/1000 acres tract and a re-entrant corner of
275275 Parcel No. 1 the 6-17/100 acres tract described in the deed to
276276 Arlene McCraw recorded in volume 284, page 305 of the Deed Records
277277 of Hood County, Texas , said beginning corner having a grid
278278 coordinate value of X= 2,176,937.742 feet, Y= 6,841,025.644 feet.
279279 Thence south 30 degrees-28 minutes-07 seconds east, along the
280280 west line of said 6-17/100 acres tract for the east line of said
281281 1924-31/100 acres tract, to and along the west line of the 2 acres
282282 tract described in the deed to Michael H. McCraw and wife, Paula N.
283283 McCraw recorded in volume 1040, page 293 of the said Real Records,
284284 781-02/100 feet to a 3" pipe post for the southwest corner of said 2
285285 acres tract and the northwest corner of the 47-373/1000 acres tract
286286 described in the deed to Harris Composites, Inc. recorded in volume
287287 1981, page 215 of the said Real Records.
288288 Thence south 30 degrees-29 minutes-01 seconds east, along the
289289 west line of said 47-373/1000 acres tract for the east line of said
290290 1924-31/100 acres tract, 446-21/100 feet to a 10" cedar post found.
291291 Thence south 30 degrees-22 minutes-43 seconds east,
292292 continuing along the west line of said 47-373/1000 acres tract for
293293 the east line of said 1924-31/100 acres tract, 966-87/100 feet to a
294294 1/2" iron found for the southwest corner of said 47-373/1000 acres
295295 tract and the northwest corner of the 10 acres tract described in
296296 the deed to Swaim Construction Company, Inc. recorded in volume
297297 356, page 734 of the said Deed Records.
298298 Thence south 30 degrees-22 minutes-26 seconds east, along the
299299 west line of said 10 acres tract for the east line of said
300300 1924-31/100 acres tract, 916-49/100 feet to a 1/2" iron found for
301301 the southwest corner of said 10 acres tract and the northwest corner
302302 of the 12-51/100 acres tract described in the deed to James R.
303303 Walker and wife, Mary L. Walker recorded in volume 142, page 53 of
304304 the said Deed Records.
305305 Thence south 30 degrees-23 minutes-22 seconds east, along the
306306 west line of said 12-51/100 acres tract for the east line of said
307307 1924-31/100 acres tract, 1129-98/100 feet to a square head bolt
308308 found for the southwest corner of said 12-51/100 acres tract and the
309309 northwest corner of the 3-32/100 acres tract described in the deed
310310 to Donald Trumble and Julie Trumble recorded in volume 1295, page
311311 384 of the said Real Records.
312312 Thence south 30 degrees-08 minutes-06 seconds east, along the
313313 west line of said 3-32/100 acres tract for the west line of said
314314 1924-31/100 acres tract, 284-36/100 feet to a 3/8" iron found for
315315 the southwest corner of said 3-32/100 acres tract and the northwest
316316 corner of the 1-24/100 acres tract described in the deed to Norman
317317 Lumber Company, Inc. recorded in volume 1249, page 456 of the said
318318 Real Records.
319319 Thence south 30 degrees-39 minutes-30 seconds east, along the
320320 west line of said 1-24/100 acres tract for the east line of said
321321 1924-31/100 acres tract, 208-69/100 feet to a 3/8" iron found for
322322 the southwest corner of said 1-24/100 acres tract and the northwest
323323 corner of said SCOTTISH RITE SUBDIVISION UNIT ONE TRACT ONE.
324324 Thence north 59 degrees-36 minutes-27 seconds east, along the
325325 north line of said SCOTTISH RITE SUBDIVISION UNIT ONE TRACT ONE and
326326 the south line of said 1-24/100 acres tract, 182-81/100 feet to a
327327 1/2" iron in concrete found for the most northerly northeast corner
328328 of said SCOTTISH RITE SUBDIVISION UNIT ONE TRACT ONE and the
329329 northwest corner of the 2 acres tract described in the deed to The
330330 City of Granbury recorded in volume 1291, page 287 of the said Real
331331 Records.
332332 Thence south 30 degrees-16 minutes-33 seconds east, along a
333333 easterly line of said SCOTTISH RITE SUBDIVISION UNIT ONE TRACT ONE
334334 and the west line of said 2 acres tract, 132-65/100 feet to a 1/2"
335335 iron in concrete found for the southwest corner of said 2 acres
336336 tract.
337337 Thence south 84 degrees-20 minutes-19 seconds east, along the
338338 north line of said SCOTTISH RITE SUBDIVISION UNIT ONE TRACT ONE and
339339 the south line of said 2 acres tract, 282-34/100 feet to a 1/2" iron
340340 in concrete found for the northeast corner of said SCOTTISH RITE
341341 SUBDIVISION UNIT ONE TRACT ONE and the southeast corner of said 2
342342 acres tract in the west right-of-way of Paluxy Highway ( Farm to
343343 Market Highway No. 51 South) in a curve to the left having a radius
344344 of 1004-93/100 feet.
345345 Thence southwesterly, along the east line of said SCOTTISH
346346 RITE SUBDIVISION UNIT ONE TRACT ONE and the west right-of-way of
347347 said Paluxy Highway, the following: along said curve to the left an
348348 arc length of 111-32/100 feet to a 1/2" iron in concrete found at
349349 its end, the long chord of said 111-32/100 feet arc is south 08
350350 degrees-53 minutes-27 seconds west 111-26/100 feet; south 05
351351 degrees-40 minutes-59 seconds west 250-10/100 feet to a 1/2" iron
352352 in concrete found for the southeast corner of said SCOTTISH RITE
353353 SUBDIVISION UNIT ONE TRACT ONE and the northeast corner of Lot 2
354354 Block 1 PALUXY ROAD SUBDIVISION, according to the plat thereof
355355 recorded in Slide A-349-A of the said Plat Records.
356356 Thence north 84 degrees-18 minutes-30 seconds west, along the
357357 south line of said SCOTTISH RITE SUBDIVISION UNIT ONE TRACT ONE and
358358 the north line of said Lot 2 Block 1, 489-58/100 feet to a 1/2" iron
359359 in concrete found for the southwest corner of said SCOTTISH RITE
360360 SUBDIVISION UNIT ONE TRACT ONE and the northwest corner of said Lot
361361 2 Block 1.
362362 Thence southwesterly, along the west line of said Lot 2 Block
363363 1 for the west line of said 1924-31/100 acres tract to and along the
364364 west line of Lot 1R Block 1 PALUXY ROAD SUBDIVISION, according to
365365 the plat thereof recorded in Slide B-20 of the said Plat Records,
366366 the following: south 05 degrees-26 minutes-42 seconds west
367367 110-07/100 feet to a 1/2" iron in concrete found; south 31
368368 degrees-19 minutes-17 seconds west 230-43/100 feet to a 1/2" iron
369369 in concrete found; south 06 degrees-42 minutes-57 seconds west
370370 113-62/100 feet to a 1/2" capped iron found for the northeast corner
371371 of the 20-72/100 acres tract described in the deed to Health
372372 Facilities Investment Group I L.P. recorded in volume 1828, page
373373 385 of the said Real Records and a easterly corner of said
374374 1924-31/100 acres tract.
375375 Thence northwesterly, southwesterly, along the north line of
376376 said 20-72/100 acres tract, the following: north 77 degrees-21
377377 minutes-57 seconds west 351-87/100 feet to a 5" pine post found;
378378 south 76 degrees-40 minutes-34 seconds west 601-68/100 feet to a 5"
379379 pine post found for the northwest corner of said 20-72/100 acres
380380 tract.
381381 Thence southwesterly and southeasterly, along the west and
382382 south line of said 20-72/100 acres tract for a easterly and
383383 northerly line of said 1924-31/100 acres tract, the following:
384384 south 06 degrees-44 minutes-20 seconds west 301-61/100 feet to a
385385 1/2" capped iron found; south 47 degrees-08 minutes-37 seconds east
386386 699-62/100 feet to a 1/2" capped iron found; south 77 degrees-21
387387 minutes-45 seconds east 910-80/100 feet to a 1/2" capped iron found
388388 for the southeast corner of said 20-72/100 acres tract and a
389389 easterly corner of said 1924-31/100 acres tract in the west
390390 right-of-way of said Paluxy Road.
391391 Thence southwesterly, along the southeasterly line of said
392392 1924-31/100 acres tract along a fence for the westerly right-of-way
393393 of said Paluxy Highway, the following: south 35 degrees-31
394394 minutes-00 seconds west 299-95/100 feet to a 5/8" capped iron set;
395395 south 07 degrees-37 minutes-31 seconds west 615-48/100 feet to a
396396 5/8" capped iron set; south 33 degrees-26 minutes-50 seconds west
397397 1005-05/100 feet to a 5/8" capped iron set at the intersection of
398398 the westerly right-of-way of said Paluxy Highway and the north line
399399 of Huddleston Road for the most southerly southeast corner of said
400400 1924-31/100 acres tract.
401401 Thence southwesterly, along the south line of said
402402 1924-31/100 acres tract, generally along a fence to and along the
403403 north line of the 15-005/1000 acres tract described in the deed to
404404 The Ranch at Granbury, L. P. recorded in volume 1592, page 484 of
405405 the said Real Records, the following: south 63 degrees-49
406406 minutes-18 seconds west 673-72/100 feet to a 5/8" capped iron set;
407407 south 66 degrees-55 minutes-40 seconds west 598-15/100 feet to a
408408 1/2" iron found; south 63 degrees-47 minutes-28 seconds west
409409 165-74/100 feet to a 1/2" iron found; south 53 degrees-52
410410 minutes-00 seconds west 167-15/100 feet to a 1/2" iron found; south
411411 47 degrees-17 minutes-55 seconds west 113-51/100 feet to a 1/2"
412412 iron found; south 45 degrees-18 minutes-29 seconds west 447-49/100
413413 feet to a 5/8" capped iron set; south 58 degrees-02 minutes-29
414414 seconds west 322-02/100 feet to a 5/8" capped iron set; south 59
415415 degrees-52 minutes-29 seconds west 1613-19/100 feet to a 5/8"
416416 capped iron set to replace a 60 d nail found; south 56 degrees-27
417417 minutes-29 seconds west 378-90/100 feet to a 5/8" iron found for the
418418 most southerly southwest corner of said 1924-31/100 acres tract and
419419 the southeast corner of Lot 12 Block B MEADOW WOOD ESTATES, an
420420 addition to Hood County, Texas according to the Revised plat
421421 thereof recorded in Slide A-289 of the said Plat Records.
422422 Thence northwesterly, along the east line of said Block B
423423 MEADOW WOOD EASTATES for a west line of said 1924-31/100 acres
424424 tract, the following: north 31 degrees-40 minutes-02 seconds west
425425 795-16/100 feet to a 1/2" iron found for the common corner of Lots 7
426426 and 8 in said Block B; north 31 degrees-46 minutes-45 seconds west
427427 1079-42/100 feet to a 5/8" iron found for the common corner of Lots
428428 3 and 4 in said Block B; north 31 degrees-57 minutes-22 seconds west
429429 193-60/100 feet to a 1/2" iron found; north 27 degrees-56
430430 minutes-15 seconds west 607-31/100 feet to a 5/8" iron found for the
431431 northeast corner of Lot 1 in said Block B and a re-entrant corner of
432432 said 1924-31/100 acres tract.
433433 Thence south 59 degrees-09 minutes-11 seconds west, along a
434434 south line of said 1924-31/100 acres tract and the north line of
435435 said Lot 1, 840-88/100 feet to a 5/8" capped iron set for a
436436 southerly corner of said 1924-31/100 acres tract.
437437 Thence north 30 degrees-21 minutes-01 seconds west, along a
438438 west line of said 1924-31/100 acres tract, 599-92/100 feet to a 1/2"
439439 iron found for the southwest corner of the 2 acres tract described
440440 in the deed to The City of Granbury recorded in volume 1317, page
441441 867 of the said Real Records.
442442 Thence north 59 degrees-07 minutes-35 seconds east, along the
443443 south line of said 2 acres tract, 420-01/100 feet to a 1/2" iron
444444 found for the southeast corner of said 2 acres tract.
445445 Thence north 30 degrees-52 minutes-06 seconds west, along the
446446 east line of said 2 acres tract, 207-42/100 feet to a 1/2" iron
447447 found for its northeast corner.
448448 Thence south 59 degrees-07 minutes-38 seconds west, along the
449449 north line of said 2 acres tract, 420-03/100 feet to a 5/8" capped
450450 iron set for the northwest corner of said 2 acres tract for a
451451 re-entrant corner of said 1924-31/100 acres tract.
452452 Thence north 30 degrees-18 minutes-50 seconds west, along a
453453 westerly line of said 1924-31/100 acres tract, 1187-69/100 feet to
454454 a 5/8" capped iron set for a re-entrant corner of said 1924-31/100
455455 acres tract.
456456 Thence south 58 degrees-25 minutes-25 seconds west, along a
457457 southerly line of said 1924-31/100 acres tract crossing Meadow Wood
458458 Road, 44-49/100 feet to a 2-7/8" pipe post found for the northeast
459459 corner of said 246-323/1000 acres tract.
460460 Thence south 30 degrees-27 minutes-45 seconds east, along the
461461 east line of said 246-323/1000 acres tract, 2014-14/100 feet to a
462462 1/2" iron found for the southeast corner of said 246-323/1000 acres
463463 tract and the northeast corner of Lot 1R of MEADOW WOOD ESTATES, an
464464 addition to Hood County, Texas according to the plat thereof
465465 recorded in Slide A-350A of the said Plat Records.
466466 Thence south 58 degrees-36 minutes-47 seconds west, along the
467467 south line of said 246-323/1000 acres tract and the north line of
468468 said Lot 1R, 1234-58/100 feet to a 1/2" iron found for the northwest
469469 corner of said Lot 1R and the northeast corner of the 35-113/1000
470470 acres tract described in the deed to Daniel C. and Carolyn Fauber
471471 recorded in volume 1729, page 204 of the said Real Records.
472472 Thence south 58 degrees-41 minutes-34 seconds west, along the
473473 north line of said 35-113/1000 acres tract for the south line of
474474 said 246-323/1000 acres tract, 558-23/100 feet to a 6" pipe corner
475475 post found for the northwest corner of said 35-113/1000 acres tract
476476 a re-entrant corner of said 246-323/1000 acres tract.
477477 Thence south 31 degrees-47 minutes-06 seconds east, along a
478478 east line of said 246-323/1000 acres tract and the west line of said
479479 35-113/1000 acres tract, 744-69/100 feet to a 6" pipe corner post
480480 found for the southeast corner of said 246-323/1000 acres tract and
481481 the northeast corner of Parcel One the 35 acres tract described in
482482 the deed to Lester J. Walker and wife, Cleo Walker recorded in
483483 volume 1012, page 681 of the said Real Records.
484484 Thence south 58 degrees-46 minutes-49 seconds west, along the
485485 south line of said 246-323/1000 acres tract and the north line of
486486 said 35 acres tract to and along the north line of the 103-239/1000
487487 acres tract described in the deed to The Lester J. Walker and Willie
488488 C. Walker Revocable Trust recorded in volume 1554, page 484,
489489 2341-51/100 feet to a 1/2" iron found for the southwest corner of
490490 said 246-323/1000 acres tract and the northwest corner of said
491491 103-239/1000 acres tract.
492492 Thence north 30 degrees-44 minutes-50 seconds west, along the
493493 west line of said 246-323/1000 acres tract 769-20/100 feet to a 3/8"
494494 iron found for the most westerly northwest corner of said
495495 246-323/1000 acres tract in the south line of said 1924-31/100
496496 acres tract.
497497 Thence south 58 degrees-09 minutes-02 seconds west, along the
498498 south line of said 1924-31/100 acres tract 2306-39/100 feet to a 8"
499499 cedar fence post found for the southwest corner of said 1924-31/100
500500 acres tract and a re-entrant corner of Parcel One the 6 acres tract
501501 described in the deed to Wayne Howard and Brenda Howard recorded in
502502 volume 1722, page 785 of the said Real Records and to Brandon Dunlop
503503 Howard in volume 1713, page 819 of the said Real Records from which
504504 a 5/8" capped iron found marked RPLS # 5236 bears south 23
505505 degrees-13 minutes-34 seconds west 1-37/100 feet.
506506 Thence north 30 degrees-12 minutes-00 seconds west, along the
507507 west line of said 1924-31/100 acres tract and the east line of said
508508 Parcel One the 6 acres tract to and along the east line of the
509509 23-076/1000 acres tract described in the deed to Michael Moffitt
510510 and Patricia G. Moffitt recorded in volume 1736, page 87 of the said
511511 Real Records, 1318-07/100 feet to a 3/8" iron found for a re-entrant
512512 corner of said 1924-31/100 acres tract and the northeast corner of
513513 said 23-076/1000 acres tract.
514514 Thence south 59 degrees-34 minutes-28 seconds west, along a
515515 south line of said 1924-31/100 acres tract and the north line of
516516 said 23-076/1000 acres tract, 305-57/100 feet to a 8" cedar post
517517 found for the most westerly southwest corner of said 1924-31/100
518518 acres tract and the southeast corner of the 27-868/1000 acres tract
519519 described in the deed to Franklin Delano Wentworth recorded in
520520 volume 1414, page 827 of the said Real Records.
521521 Thence northwesterly, along the west line of said
522522 1924-31/1000 acres tract and the east line of said 1924-31/100
523523 acres tract, to and along the east line of the 7-353/1000 acres
524524 tract described in the deed to Shelly R. Maclellan recorded in
525525 volume 1843, page 496 of the said Real Records, the following: north
526526 31 degrees-32 minutes-30 seconds west 350 feet to a 1/2" iron found;
527527 north 42 degrees-39 minutes-53 seconds west 2225-48/100 feet to a
528528 railroad spike set in Knox Road for the northwest corner of said
529529 1924-31/100 acres tract.
530530 Thence north 59 degrees-20 minutes-08 seconds east, along a
531531 northerly line of said 1924-31/100 acres tract, 673-90/100 feet to
532532 a 5/8" capped iron set.
533533 Thence north 52 degrees-18 minutes-08 seconds east,
534534 continuing along the north line of said 1924-31/100 acres tract
535535 80-89/100 feet to a 3/8" iron found for a re-entrant corner of said
536536 1924-31/100 acres tract in the east line of Knox Road as fenced.
537537 Thence north 30 degrees-25 minutes-40 seconds west, along the
538538 west line of said 1924-31/100 acres tract, 1464-74/100 feet to a
539539 concrete highway monument found for the northwest corner of said
540540 1924-31/100 acres tract in the south right-of-way of U. S. Highway
541541 No. 377.
542542 Thence northeasterly, the south right-of-way of said U. S.
543543 Highway No. 377, the following: north 35 degrees-45 minutes-34
544544 seconds east 118-91/100 feet to a concrete highway monument found;
545545 north 55 degrees-11 minutes-10 seconds east 3285-29/100 feet to a
546546 concrete highway monument found at the beginning of a curve to the
547547 right having a radius of 5729-58/100 feet; along said curve to the
548548 right and arc length of 730-88/100 feet to a concrete highway
549549 monument found at its end, the long chord of said 730-88/100 feet
550550 arc is north 58 degrees-52 minutes-49 seconds east 730-39/100 feet;
551551 north 62 degrees-20 minutes-41 seconds east 173-73/100 feet to a
552552 concrete highway monument found; north 65 degrees-03 minutes-28
553553 seconds east 199-86/100 feet to a concrete highway monument found;
554554 north 62 degrees-52 minutes-36 seconds east 200 feet to a concrete
555555 highway monument found; north 62 degrees-02 minutes-52 seconds east
556556 1054-91/100 feet to a concrete highway monument found north 62
557557 degrees-33 minutes-02 seconds east 7021-48/100 feet to a 5/8"
558558 capped iron set for the most northerly northeast corner of said
559559 1924-31/100 acres tract and the northwest corner of the 1-405/1000
560560 acres tract described in the deed to Sandra Kay Hicks recorded in
561561 volume 1686, page 885 of the said Real Records.
562562 Thence south 28 degrees-01 minutes-32 seconds east, along a
563563 east line of said 1924-31/100 acres tract and the west line of said
564564 1-405/1000 acres tract, 63-80/100 feet to a 5/8" iron found for the
565565 southwest corner of said 1-405/1000 acres tract.
566566 Thence north 66 degrees-39 minutes-14 seconds east, along the
567567 north line of said 1924-31/100 acres tract and the south line of
568568 said 1-405/1000 acres tract 685-13/100 feet to a 1/2" iron found for
569569 the southeast corner of said 1-405/1000 acres tract.
570570 Thence north 66 degrees-41 minutes-41 seconds east,
571571 continuing along the north line of said 1924-31/100 acres tract,
572572 403-88/100 feet to a 5/8" iron found.
573573 Thence north 03 degrees-03 minutes-49 seconds west 12-93/100
574574 feet to a 60 d nail in post found for a north corner of said
575575 1924-31/100 acres tract and the southwest corner of said 6-17/100
576576 acres tract.
577577 Thence north 66 degrees-55 minutes-34 seconds east, along the
578578 north line of said 1924-31/100 acres tract and the south line of
579579 said 6-17/100 acres tract, 218-89/100 feet to the place of
580580 beginning and containing 2114-146/1000 acres of which 4-478/1000
581581 acres lies in County Road as fenced.
582582 Surveyed on the ground March and April, 2004.
583583 A part of the MILAM COUNTY SCHOOL LAND SURVEY LOWER LEAGUE,
584584 Abstract No. 903 and the E. HAMMACK SURVEY, Abstract No. 650
585585 situated about 2-95/100 miles south 41 degrees-30 minutes west from
586586 the courthouse in Granbury the county seat for Hood County, Texas;
587587 embracing all of the 15-005/1000 acres tract described in the deed
588588 to The Ranch at Granbury, L.P. recorded in volume 1592, page 484 of
589589 the Real Records of Hood County, Texas and described by metes and
590590 bounds as follows:
591591 The bearings and coordinate positions are per the Texas
592592 Coordinate System North Central Zone NAD 83 ( 1993 ). The lengths
593593 shown hereon are horizontal ground lengths. To convert horizontal
594594 ground lengths to grid lengths multiply by 0.999892309. All 5/8"
595595 capped irons set called for in this description are marked ( BROOKES
596596 BAKER SURVEYORS ).
597597 Beginning at a 5/8" capped iron set for the northeast corner
598598 of said 15-005/1000 acres tract in the south line of the 1924-31/100
599599 acres tract described in the deed to The Ranch at Granbury, L. L. C
600600 recorded in volume 1547, page 834 of the said Real Records, said
601601 beginning corner having a grid coordinate value of X= 2,178,188.928
602602 feet, Y= 6,833,138.021 feet.
603603 Thence south 40 degrees-17 minutes-26 seconds east, along the
604604 east line of said 15-005/1000 acres tract at 38 feet passing a 3/4"
605605 pipe found for the northwest corner of the 1 acre tract described in
606606 the deed to C. H. Huddleston and wife, Roberta Huddleston recorded
607607 in volume 338, page 759 of the Deed Records of Hood County, Texas in
608608 all, 354-40/100 feet to a 3/4" pipe found for the southeast corner
609609 of said 15-005/1000 acres tract and the southwest corner of said 1
610610 acre tract in the northwesterly right-of-way of Paluxy Highway
611611 (Farm to Market Highway No. 51 south).
612612 Thence south 33 degrees-31 minutes-11 seconds west, along the
613613 easterly line of said 15-005/1000 acres tract and the westerly
614614 right-of-way of said Paluxy Highway, 934-71/100 feet to a 1/2" iron
615615 found for the southeasterly corner of said 15-005/1000 acres tract.
616616 Thence northwesterly, along the west line of said 15-005/1000 acres
617617 tract, the following: north 70 degrees-34 minutes-19 seconds west
618618 199-49/100 feet to a 1/2" iron found; north 65 degrees-51
619619 minutes-13 seconds west 135-11/100 feet to a 1/2" iron found; north
620620 35 degrees-38 minutes-51 seconds west 547-37/100 feet to a 1/2"
621621 iron found for the northwest corner of said 15-005/1000 acres tract
622622 in the south line of said 1924-31/100 acres tract.
623623 Thence northeasterly, along the north line of said
624624 15-005/1000 acres tract and the south line of said 1524-31/100
625625 acres tract, the following: north 47 degrees-17 minutes-55 seconds
626626 east 113-51/100 feet to a 1/2" iron found; north 53 degrees-52
627627 minutes-00 seconds east 167-15/100 feet to a 1/2" iron found; north
628628 63 degrees-47 minutes-28 seconds east 165-74/100 feet to a 1/2"
629629 iron found; north 66 degrees-55 minutes-40 seconds east 598-15/100
630630 feet to the place of beginning and containing 653,712 square feet or
631631 15-007/1000 acres.
632632 Surveyed on the ground March and April, 2004.
633633 SECTION 3. (a) The legal notice of the intention to
634634 introduce this Act, setting forth the general substance of this
635635 Act, has been published as provided by law, and the notice and a
636636 copy of this Act have been furnished to all persons, agencies,
637637 officials, or entities to which they are required to be furnished
638638 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
639639 Government Code.
640640 (b) The governor, one of the required recipients, has
641641 submitted the notice and Act to the Texas Commission on
642642 Environmental Quality.
643643 (c) The Texas Commission on Environmental Quality has filed
644644 its recommendations relating to this Act with the governor, the
645645 lieutenant governor, and the speaker of the house of
646646 representatives within the required time.
647647 (d) All requirements of the constitution and laws of this
648648 state and the rules and procedures of the legislature with respect
649649 to the notice, introduction, and passage of this Act are fulfilled
650650 and accomplished.
651651 SECTION 4. This Act takes effect September 1, 2009.
652652 ______________________________ ______________________________
653653 President of the Senate Speaker of the House
654654 I certify that H.B. No. 2035 was passed by the House on May
655655 15, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not
656656 voting.
657657 ______________________________
658658 Chief Clerk of the House
659659 I certify that H.B. No. 2035 was passed by the Senate on May
660660 27, 2009, by the following vote: Yeas 31, Nays 0.
661661 ______________________________
662662 Secretary of the Senate
663663 APPROVED: _____________________
664664 Date
665665 _____________________
666666 Governor