H.B. No. 2035
AN ACT
relating to the creation of the Hood County Granbury Municipal
Utility District No. 1; 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 8342 to read as follows:
CHAPTER 8342. HOOD COUNTY GRANBURY MUNICIPAL UTILITY
DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8342.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Hood County Granbury
Municipal Utility District No. 1.
Sec. 8342.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8342.003. 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. 8342.004. CONSENT OF MUNICIPALITY AND DEVELOPMENT
AGREEMENT REQUIRED. (a) The temporary directors may not hold an
election under Section 8342.003 until each municipality in whose
corporate limits or extraterritorial jurisdiction the district is
located has:
(1) consented by ordinance or resolution to the
creation of the district; and
(2) entered into a development agreement with the
majority owner of the assessed value of the real property in the
district.
(b) If a development agreement required under Subsection
(a)(2) has not been entered into before September 1, 2010:
(1) the district is dissolved September 1, 2010,
except that:
(A) any debts incurred shall be paid;
(B) any assets that remain after the payment of
debts shall be transferred to Hood County; and
(C) the organization of the district shall be
maintained until all debts are paid and remaining assets are
transferred; and
(2) this chapter expires September 1, 2013.
Sec. 8342.005. 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. 8342.006. 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 8342.007-8342.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8342.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8342.052, directors serve
staggered four-year terms.
Sec. 8342.052. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Jeffrey Krueger;
(2) William Bruce Schneider;
(3) Kevin Patton;
(4) Virgil R. Briscoe; and
(5) Jeffrey K. Wilson.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8342.003; or
(2) September 1, 2013.
(c) If permanent directors have not been elected under
Section 8342.003 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 8342.003; 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 8342.053-8342.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8342.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8342.102. 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. 8342.103. 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. 8342.104. 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,
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. 8342.105. COMPLIANCE WITH MUNICIPAL REGULATIONS. Any
water, sanitary sewer, drainage, or other infrastructure or public
facilities constructed, acquired, improved, maintained, or
operated by the district shall comply with any subdivision or other
applicable regulations of any municipality in whose corporate
limits or extraterritorial jurisdiction the infrastructure or
public facilities are located.
Sec. 8342.106. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
OR RESOLUTION. The district shall comply with all applicable
requirements of any ordinance or resolution that is adopted under
Section 54.016 or 54.0165, Water Code, and that consents to the
creation of the district or to the inclusion of land in the
district.
Sec. 8342.107. 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 8342.103; or
(2) a recreational facility as defined by Section
49.462, Water Code.
Sec. 8342.108. DIVISION OF DISTRICT. (a) The district may
be divided into two or more new districts only if the district:
(1) has no outstanding bonded debt; and
(2) is not imposing ad valorem taxes.
(b) The division procedure is prescribed by Sections 53.030
through 53.041, Water Code.
(c) Any new district created by the division of the district
has all the powers and duties of the district and is subject to all
limitations and conditions provided by this chapter.
(d) A new district created by the division of the district
may not, at the time the new district is created, contain land that
is not contiguous to the area described by Section 2 of the Act
creating this chapter.
(e) A division of the district may not occur until each
municipality in whose corporate limits or extraterritorial
jurisdiction the district is located has adopted a resolution
consenting to the division.
Sec. 8342.109. LIMITATION ON DISSOLUTION OF DISTRICT. (a)
Before the issuance of bonds, the district or any new district
created by the division of the district may not be dissolved unless
the dissolution is approved by:
(1) the board;
(2) the majority owner of the assessed value of the
real property in the district or the new district, as applicable;
and
(3) the governing body of each municipality in whose
corporate limits or extraterritorial jurisdiction the district or
the new district is located.
(b) The district or any new district may not be dissolved if
it has outstanding bonded debt unless:
(1) all the property in the district or the new
district is annexed by a municipality;
(2) the dissolution is approved by the governing body
of the municipality; and
(3) the bonded debt and developer reimbursement
obligations of the district or the new district are assumed by the
municipality in whose corporate limits or extraterritorial
jurisdiction the district or the new district is located or by
another entity approved by the municipality.
(c) A dissolution subject to Subsection (b) is effective
when all outstanding bonded debt and developer reimbursement
obligations have been discharged.
Sec. 8342.110. DEDICATION OF AIRPORT PROPERTY. The
district may dedicate, by fee or easement, property owned by the
district for any purposes necessary or convenient for the
operation, use, or expansion of a municipal airport.
[Sections 8342.111-8342.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8342.151. 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 8342.153.
(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. 8342.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8342.151, 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. 8342.153. 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 8342.154-8342.200 reserved for expansion]
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8342.201. 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. 8342.202. 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. 8342.203. 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 Hood County Granbury Municipal Utility
District No. 1 initially includes all the territory contained in
the following area:
Parts of the MILAM COUNTY SCHOOL LAND SURVEY LOWER LEAGUE,
the MILAM COUNTY SCHOOL LAND SURVEY UPPER LEAGUE, the JOHN DAVID
CROW SURVEY, Abstract No. 110, the EBENEZER MILLICAN SURVEY,
Abstract No. 414, the J. W. OWNSBY SURVEY, Abstract No. 814, the G.
W. WILLIAMS SURVEY, Abstract No. 600, the JOSE MAYBARBO SURVEY,
Abstract No. 749, the C. C. HARVICK SURVEY, Abstract No. 290, the E.
T. GATLIN SURVEY, Abstract No. 211, the J. W. DAWSON SURVEY,
Abstract No. 805 and the J. H. DAVIS SURVEY, Abstract No. 157
situated about 2-9/10 miles south 41 degrees-30 minutes west from
the courthouse in Granbury the county seat for Hood County, Texas;
embracing a portion of the 1924-31/100 acres tract described in the
deed to The Ranch at Granbury, L.L.C. recorded in volume 1547, page
834 of the Real Records of Hood County, Texas and a portion of the
246-323/1000 acres tract described in the deed to The Ranch at
Granbury, L.P. recorded in volume 1591, page 306 of the said Real
Records and all of the SCOTTISH RITE VILLAGE SUBDIVISION UNIT ONE
TRACT ONE, according to the plat thereof recorded in Slide A-348-B
of the Plat Records of Hood County, Texas and described by metes and
bounds as follows:
The bearings and coordinate positions are per the Texas
Coordinate System North Central Zone NAD 83 ( 1993 ). The lengths
shown hereon are horizontal ground lengths. To convert horizontal
ground lengths to grid lengths multiply by 0.999892309. All 5/8"
capped irons set called for in this description are marked ( BROOKES
BAKER SURVEYORS ).
Beginning at a 12" pine fence post found for the northeast
corner of said 1924-31/1000 acres tract and a re-entrant corner of
Parcel No. 1 the 6-17/100 acres tract described in the deed to
Arlene McCraw recorded in volume 284, page 305 of the Deed Records
of Hood County, Texas , said beginning corner having a grid
coordinate value of X= 2,176,937.742 feet, Y= 6,841,025.644 feet.
Thence south 30 degrees-28 minutes-07 seconds east, along the
west line of said 6-17/100 acres tract for the east line of said
1924-31/100 acres tract, to and along the west line of the 2 acres
tract described in the deed to Michael H. McCraw and wife, Paula N.
McCraw recorded in volume 1040, page 293 of the said Real Records,
781-02/100 feet to a 3" pipe post for the southwest corner of said 2
acres tract and the northwest corner of the 47-373/1000 acres tract
described in the deed to Harris Composites, Inc. recorded in volume
1981, page 215 of the said Real Records.
Thence south 30 degrees-29 minutes-01 seconds east, along the
west line of said 47-373/1000 acres tract for the east line of said
1924-31/100 acres tract, 446-21/100 feet to a 10" cedar post found.
Thence south 30 degrees-22 minutes-43 seconds east,
continuing along the west line of said 47-373/1000 acres tract for
the east line of said 1924-31/100 acres tract, 966-87/100 feet to a
1/2" iron found for the southwest corner of said 47-373/1000 acres
tract and the northwest corner of the 10 acres tract described in
the deed to Swaim Construction Company, Inc. recorded in volume
356, page 734 of the said Deed Records.
Thence south 30 degrees-22 minutes-26 seconds east, along the
west line of said 10 acres tract for the east line of said
1924-31/100 acres tract, 916-49/100 feet to a 1/2" iron found for
the southwest corner of said 10 acres tract and the northwest corner
of the 12-51/100 acres tract described in the deed to James R.
Walker and wife, Mary L. Walker recorded in volume 142, page 53 of
the said Deed Records.
Thence south 30 degrees-23 minutes-22 seconds east, along the
west line of said 12-51/100 acres tract for the east line of said
1924-31/100 acres tract, 1129-98/100 feet to a square head bolt
found for the southwest corner of said 12-51/100 acres tract and the
northwest corner of the 3-32/100 acres tract described in the deed
to Donald Trumble and Julie Trumble recorded in volume 1295, page
384 of the said Real Records.
Thence south 30 degrees-08 minutes-06 seconds east, along the
west line of said 3-32/100 acres tract for the west line of said
1924-31/100 acres tract, 284-36/100 feet to a 3/8" iron found for
the southwest corner of said 3-32/100 acres tract and the northwest
corner of the 1-24/100 acres tract described in the deed to Norman
Lumber Company, Inc. recorded in volume 1249, page 456 of the said
Real Records.
Thence south 30 degrees-39 minutes-30 seconds east, along the
west line of said 1-24/100 acres tract for the east line of said
1924-31/100 acres tract, 208-69/100 feet to a 3/8" iron found for
the southwest corner of said 1-24/100 acres tract and the northwest
corner of said SCOTTISH RITE SUBDIVISION UNIT ONE TRACT ONE.
Thence north 59 degrees-36 minutes-27 seconds east, along the
north line of said SCOTTISH RITE SUBDIVISION UNIT ONE TRACT ONE and
the south line of said 1-24/100 acres tract, 182-81/100 feet to a
1/2" iron in concrete found for the most northerly northeast corner
of said SCOTTISH RITE SUBDIVISION UNIT ONE TRACT ONE and the
northwest corner of the 2 acres tract described in the deed to The
City of Granbury recorded in volume 1291, page 287 of the said Real
Records.
Thence south 30 degrees-16 minutes-33 seconds east, along a
easterly line of said SCOTTISH RITE SUBDIVISION UNIT ONE TRACT ONE
and the west line of said 2 acres tract, 132-65/100 feet to a 1/2"
iron in concrete found for the southwest corner of said 2 acres
tract.
Thence south 84 degrees-20 minutes-19 seconds east, along the
north line of said SCOTTISH RITE SUBDIVISION UNIT ONE TRACT ONE and
the south line of said 2 acres tract, 282-34/100 feet to a 1/2" iron
in concrete found for the northeast corner of said SCOTTISH RITE
SUBDIVISION UNIT ONE TRACT ONE and the southeast corner of said 2
acres tract in the west right-of-way of Paluxy Highway ( Farm to
Market Highway No. 51 South) in a curve to the left having a radius
of 1004-93/100 feet.
Thence southwesterly, along the east line of said SCOTTISH
RITE SUBDIVISION UNIT ONE TRACT ONE and the west right-of-way of
said Paluxy Highway, the following: along said curve to the left an
arc length of 111-32/100 feet to a 1/2" iron in concrete found at
its end, the long chord of said 111-32/100 feet arc is south 08
degrees-53 minutes-27 seconds west 111-26/100 feet; south 05
degrees-40 minutes-59 seconds west 250-10/100 feet to a 1/2" iron
in concrete found for the southeast corner of said SCOTTISH RITE
SUBDIVISION UNIT ONE TRACT ONE and the northeast corner of Lot 2
Block 1 PALUXY ROAD SUBDIVISION, according to the plat thereof
recorded in Slide A-349-A of the said Plat Records.
Thence north 84 degrees-18 minutes-30 seconds west, along the
south line of said SCOTTISH RITE SUBDIVISION UNIT ONE TRACT ONE and
the north line of said Lot 2 Block 1, 489-58/100 feet to a 1/2" iron
in concrete found for the southwest corner of said SCOTTISH RITE
SUBDIVISION UNIT ONE TRACT ONE and the northwest corner of said Lot
2 Block 1.
Thence southwesterly, along the west line of said Lot 2 Block
1 for the west line of said 1924-31/100 acres tract to and along the
west line of Lot 1R Block 1 PALUXY ROAD SUBDIVISION, according to
the plat thereof recorded in Slide B-20 of the said Plat Records,
the following: south 05 degrees-26 minutes-42 seconds west
110-07/100 feet to a 1/2" iron in concrete found; south 31
degrees-19 minutes-17 seconds west 230-43/100 feet to a 1/2" iron
in concrete found; south 06 degrees-42 minutes-57 seconds west
113-62/100 feet to a 1/2" capped iron found for the northeast corner
of the 20-72/100 acres tract described in the deed to Health
Facilities Investment Group I L.P. recorded in volume 1828, page
385 of the said Real Records and a easterly corner of said
1924-31/100 acres tract.
Thence northwesterly, southwesterly, along the north line of
said 20-72/100 acres tract, the following: north 77 degrees-21
minutes-57 seconds west 351-87/100 feet to a 5" pine post found;
south 76 degrees-40 minutes-34 seconds west 601-68/100 feet to a 5"
pine post found for the northwest corner of said 20-72/100 acres
tract.
Thence southwesterly and southeasterly, along the west and
south line of said 20-72/100 acres tract for a easterly and
northerly line of said 1924-31/100 acres tract, the following:
south 06 degrees-44 minutes-20 seconds west 301-61/100 feet to a
1/2" capped iron found; south 47 degrees-08 minutes-37 seconds east
699-62/100 feet to a 1/2" capped iron found; south 77 degrees-21
minutes-45 seconds east 910-80/100 feet to a 1/2" capped iron found
for the southeast corner of said 20-72/100 acres tract and a
easterly corner of said 1924-31/100 acres tract in the west
right-of-way of said Paluxy Road.
Thence southwesterly, along the southeasterly line of said
1924-31/100 acres tract along a fence for the westerly right-of-way
of said Paluxy Highway, the following: south 35 degrees-31
minutes-00 seconds west 299-95/100 feet to a 5/8" capped iron set;
south 07 degrees-37 minutes-31 seconds west 615-48/100 feet to a
5/8" capped iron set; south 33 degrees-26 minutes-50 seconds west
1005-05/100 feet to a 5/8" capped iron set at the intersection of
the westerly right-of-way of said Paluxy Highway and the north line
of Huddleston Road for the most southerly southeast corner of said
1924-31/100 acres tract.
Thence southwesterly, along the south line of said
1924-31/100 acres tract, generally along a fence to and along the
north line of the 15-005/1000 acres tract described in the deed to
The Ranch at Granbury, L. P. recorded in volume 1592, page 484 of
the said Real Records, the following: south 63 degrees-49
minutes-18 seconds west 673-72/100 feet to a 5/8" capped iron set;
south 66 degrees-55 minutes-40 seconds west 598-15/100 feet to a
1/2" iron found; south 63 degrees-47 minutes-28 seconds west
165-74/100 feet to a 1/2" iron found; south 53 degrees-52
minutes-00 seconds west 167-15/100 feet to a 1/2" iron found; south
47 degrees-17 minutes-55 seconds west 113-51/100 feet to a 1/2"
iron found; south 45 degrees-18 minutes-29 seconds west 447-49/100
feet to a 5/8" capped iron set; south 58 degrees-02 minutes-29
seconds west 322-02/100 feet to a 5/8" capped iron set; south 59
degrees-52 minutes-29 seconds west 1613-19/100 feet to a 5/8"
capped iron set to replace a 60 d nail found; south 56 degrees-27
minutes-29 seconds west 378-90/100 feet to a 5/8" iron found for the
most southerly southwest corner of said 1924-31/100 acres tract and
the southeast corner of Lot 12 Block B MEADOW WOOD ESTATES, an
addition to Hood County, Texas according to the Revised plat
thereof recorded in Slide A-289 of the said Plat Records.
Thence northwesterly, along the east line of said Block B
MEADOW WOOD EASTATES for a west line of said 1924-31/100 acres
tract, the following: north 31 degrees-40 minutes-02 seconds west
795-16/100 feet to a 1/2" iron found for the common corner of Lots 7
and 8 in said Block B; north 31 degrees-46 minutes-45 seconds west
1079-42/100 feet to a 5/8" iron found for the common corner of Lots
3 and 4 in said Block B; north 31 degrees-57 minutes-22 seconds west
193-60/100 feet to a 1/2" iron found; north 27 degrees-56
minutes-15 seconds west 607-31/100 feet to a 5/8" iron found for the
northeast corner of Lot 1 in said Block B and a re-entrant corner of
said 1924-31/100 acres tract.
Thence south 59 degrees-09 minutes-11 seconds west, along a
south line of said 1924-31/100 acres tract and the north line of
said Lot 1, 840-88/100 feet to a 5/8" capped iron set for a
southerly corner of said 1924-31/100 acres tract.
Thence north 30 degrees-21 minutes-01 seconds west, along a
west line of said 1924-31/100 acres tract, 599-92/100 feet to a 1/2"
iron found for the southwest corner of the 2 acres tract described
in the deed to The City of Granbury recorded in volume 1317, page
867 of the said Real Records.
Thence north 59 degrees-07 minutes-35 seconds east, along the
south line of said 2 acres tract, 420-01/100 feet to a 1/2" iron
found for the southeast corner of said 2 acres tract.
Thence north 30 degrees-52 minutes-06 seconds west, along the
east line of said 2 acres tract, 207-42/100 feet to a 1/2" iron
found for its northeast corner.
Thence south 59 degrees-07 minutes-38 seconds west, along the
north line of said 2 acres tract, 420-03/100 feet to a 5/8" capped
iron set for the northwest corner of said 2 acres tract for a
re-entrant corner of said 1924-31/100 acres tract.
Thence north 30 degrees-18 minutes-50 seconds west, along a
westerly line of said 1924-31/100 acres tract, 1187-69/100 feet to
a 5/8" capped iron set for a re-entrant corner of said 1924-31/100
acres tract.
Thence south 58 degrees-25 minutes-25 seconds west, along a
southerly line of said 1924-31/100 acres tract crossing Meadow Wood
Road, 44-49/100 feet to a 2-7/8" pipe post found for the northeast
corner of said 246-323/1000 acres tract.
Thence south 30 degrees-27 minutes-45 seconds east, along the
east line of said 246-323/1000 acres tract, 2014-14/100 feet to a
1/2" iron found for the southeast corner of said 246-323/1000 acres
tract and the northeast corner of Lot 1R of MEADOW WOOD ESTATES, an
addition to Hood County, Texas according to the plat thereof
recorded in Slide A-350A of the said Plat Records.
Thence south 58 degrees-36 minutes-47 seconds west, along the
south line of said 246-323/1000 acres tract and the north line of
said Lot 1R, 1234-58/100 feet to a 1/2" iron found for the northwest
corner of said Lot 1R and the northeast corner of the 35-113/1000
acres tract described in the deed to Daniel C. and Carolyn Fauber
recorded in volume 1729, page 204 of the said Real Records.
Thence south 58 degrees-41 minutes-34 seconds west, along the
north line of said 35-113/1000 acres tract for the south line of
said 246-323/1000 acres tract, 558-23/100 feet to a 6" pipe corner
post found for the northwest corner of said 35-113/1000 acres tract
a re-entrant corner of said 246-323/1000 acres tract.
Thence south 31 degrees-47 minutes-06 seconds east, along a
east line of said 246-323/1000 acres tract and the west line of said
35-113/1000 acres tract, 744-69/100 feet to a 6" pipe corner post
found for the southeast corner of said 246-323/1000 acres tract and
the northeast corner of Parcel One the 35 acres tract described in
the deed to Lester J. Walker and wife, Cleo Walker recorded in
volume 1012, page 681 of the said Real Records.
Thence south 58 degrees-46 minutes-49 seconds west, along the
south line of said 246-323/1000 acres tract and the north line of
said 35 acres tract to and along the north line of the 103-239/1000
acres tract described in the deed to The Lester J. Walker and Willie
C. Walker Revocable Trust recorded in volume 1554, page 484,
2341-51/100 feet to a 1/2" iron found for the southwest corner of
said 246-323/1000 acres tract and the northwest corner of said
103-239/1000 acres tract.
Thence north 30 degrees-44 minutes-50 seconds west, along the
west line of said 246-323/1000 acres tract 769-20/100 feet to a 3/8"
iron found for the most westerly northwest corner of said
246-323/1000 acres tract in the south line of said 1924-31/100
acres tract.
Thence south 58 degrees-09 minutes-02 seconds west, along the
south line of said 1924-31/100 acres tract 2306-39/100 feet to a 8"
cedar fence post found for the southwest corner of said 1924-31/100
acres tract and a re-entrant corner of Parcel One the 6 acres tract
described in the deed to Wayne Howard and Brenda Howard recorded in
volume 1722, page 785 of the said Real Records and to Brandon Dunlop
Howard in volume 1713, page 819 of the said Real Records from which
a 5/8" capped iron found marked RPLS # 5236 bears south 23
degrees-13 minutes-34 seconds west 1-37/100 feet.
Thence north 30 degrees-12 minutes-00 seconds west, along the
west line of said 1924-31/100 acres tract and the east line of said
Parcel One the 6 acres tract to and along the east line of the
23-076/1000 acres tract described in the deed to Michael Moffitt
and Patricia G. Moffitt recorded in volume 1736, page 87 of the said
Real Records, 1318-07/100 feet to a 3/8" iron found for a re-entrant
corner of said 1924-31/100 acres tract and the northeast corner of
said 23-076/1000 acres tract.
Thence south 59 degrees-34 minutes-28 seconds west, along a
south line of said 1924-31/100 acres tract and the north line of
said 23-076/1000 acres tract, 305-57/100 feet to a 8" cedar post
found for the most westerly southwest corner of said 1924-31/100
acres tract and the southeast corner of the 27-868/1000 acres tract
described in the deed to Franklin Delano Wentworth recorded in
volume 1414, page 827 of the said Real Records.
Thence northwesterly, along the west line of said
1924-31/1000 acres tract and the east line of said 1924-31/100
acres tract, to and along the east line of the 7-353/1000 acres
tract described in the deed to Shelly R. Maclellan recorded in
volume 1843, page 496 of the said Real Records, the following: north
31 degrees-32 minutes-30 seconds west 350 feet to a 1/2" iron found;
north 42 degrees-39 minutes-53 seconds west 2225-48/100 feet to a
railroad spike set in Knox Road for the northwest corner of said
1924-31/100 acres tract.
Thence north 59 degrees-20 minutes-08 seconds east, along a
northerly line of said 1924-31/100 acres tract, 673-90/100 feet to
a 5/8" capped iron set.
Thence north 52 degrees-18 minutes-08 seconds east,
continuing along the north line of said 1924-31/100 acres tract
80-89/100 feet to a 3/8" iron found for a re-entrant corner of said
1924-31/100 acres tract in the east line of Knox Road as fenced.
Thence north 30 degrees-25 minutes-40 seconds west, along the
west line of said 1924-31/100 acres tract, 1464-74/100 feet to a
concrete highway monument found for the northwest corner of said
1924-31/100 acres tract in the south right-of-way of U. S. Highway
No. 377.
Thence northeasterly, the south right-of-way of said U. S.
Highway No. 377, the following: north 35 degrees-45 minutes-34
seconds east 118-91/100 feet to a concrete highway monument found;
north 55 degrees-11 minutes-10 seconds east 3285-29/100 feet to a
concrete highway monument found at the beginning of a curve to the
right having a radius of 5729-58/100 feet; along said curve to the
right and arc length of 730-88/100 feet to a concrete highway
monument found at its end, the long chord of said 730-88/100 feet
arc is north 58 degrees-52 minutes-49 seconds east 730-39/100 feet;
north 62 degrees-20 minutes-41 seconds east 173-73/100 feet to a
concrete highway monument found; north 65 degrees-03 minutes-28
seconds east 199-86/100 feet to a concrete highway monument found;
north 62 degrees-52 minutes-36 seconds east 200 feet to a concrete
highway monument found; north 62 degrees-02 minutes-52 seconds east
1054-91/100 feet to a concrete highway monument found north 62
degrees-33 minutes-02 seconds east 7021-48/100 feet to a 5/8"
capped iron set for the most northerly northeast corner of said
1924-31/100 acres tract and the northwest corner of the 1-405/1000
acres tract described in the deed to Sandra Kay Hicks recorded in
volume 1686, page 885 of the said Real Records.
Thence south 28 degrees-01 minutes-32 seconds east, along a
east line of said 1924-31/100 acres tract and the west line of said
1-405/1000 acres tract, 63-80/100 feet to a 5/8" iron found for the
southwest corner of said 1-405/1000 acres tract.
Thence north 66 degrees-39 minutes-14 seconds east, along the
north line of said 1924-31/100 acres tract and the south line of
said 1-405/1000 acres tract 685-13/100 feet to a 1/2" iron found for
the southeast corner of said 1-405/1000 acres tract.
Thence north 66 degrees-41 minutes-41 seconds east,
continuing along the north line of said 1924-31/100 acres tract,
403-88/100 feet to a 5/8" iron found.
Thence north 03 degrees-03 minutes-49 seconds west 12-93/100
feet to a 60 d nail in post found for a north corner of said
1924-31/100 acres tract and the southwest corner of said 6-17/100
acres tract.
Thence north 66 degrees-55 minutes-34 seconds east, along the
north line of said 1924-31/100 acres tract and the south line of
said 6-17/100 acres tract, 218-89/100 feet to the place of
beginning and containing 2114-146/1000 acres of which 4-478/1000
acres lies in County Road as fenced.
Surveyed on the ground March and April, 2004.
A part of the MILAM COUNTY SCHOOL LAND SURVEY LOWER LEAGUE,
Abstract No. 903 and the E. HAMMACK SURVEY, Abstract No. 650
situated about 2-95/100 miles south 41 degrees-30 minutes west from
the courthouse in Granbury the county seat for Hood County, Texas;
embracing all of the 15-005/1000 acres tract described in the deed
to The Ranch at Granbury, L.P. recorded in volume 1592, page 484 of
the Real Records of Hood County, Texas and described by metes and
bounds as follows:
The bearings and coordinate positions are per the Texas
Coordinate System North Central Zone NAD 83 ( 1993 ). The lengths
shown hereon are horizontal ground lengths. To convert horizontal
ground lengths to grid lengths multiply by 0.999892309. All 5/8"
capped irons set called for in this description are marked ( BROOKES
BAKER SURVEYORS ).
Beginning at a 5/8" capped iron set for the northeast corner
of said 15-005/1000 acres tract in the south line of the 1924-31/100
acres tract described in the deed to The Ranch at Granbury, L. L. C
recorded in volume 1547, page 834 of the said Real Records, said
beginning corner having a grid coordinate value of X= 2,178,188.928
feet, Y= 6,833,138.021 feet.
Thence south 40 degrees-17 minutes-26 seconds east, along the
east line of said 15-005/1000 acres tract at 38 feet passing a 3/4"
pipe found for the northwest corner of the 1 acre tract described in
the deed to C. H. Huddleston and wife, Roberta Huddleston recorded
in volume 338, page 759 of the Deed Records of Hood County, Texas in
all, 354-40/100 feet to a 3/4" pipe found for the southeast corner
of said 15-005/1000 acres tract and the southwest corner of said 1
acre tract in the northwesterly right-of-way of Paluxy Highway
(Farm to Market Highway No. 51 south).
Thence south 33 degrees-31 minutes-11 seconds west, along the
easterly line of said 15-005/1000 acres tract and the westerly
right-of-way of said Paluxy Highway, 934-71/100 feet to a 1/2" iron
found for the southeasterly corner of said 15-005/1000 acres tract.
Thence northwesterly, along the west line of said 15-005/1000 acres
tract, the following: north 70 degrees-34 minutes-19 seconds west
199-49/100 feet to a 1/2" iron found; north 65 degrees-51
minutes-13 seconds west 135-11/100 feet to a 1/2" iron found; north
35 degrees-38 minutes-51 seconds west 547-37/100 feet to a 1/2"
iron found for the northwest corner of said 15-005/1000 acres tract
in the south line of said 1924-31/100 acres tract.
Thence northeasterly, along the north line of said
15-005/1000 acres tract and the south line of said 1524-31/100
acres tract, the following: north 47 degrees-17 minutes-55 seconds
east 113-51/100 feet to a 1/2" iron found; north 53 degrees-52
minutes-00 seconds east 167-15/100 feet to a 1/2" iron found; north
63 degrees-47 minutes-28 seconds east 165-74/100 feet to a 1/2"
iron found; north 66 degrees-55 minutes-40 seconds east 598-15/100
feet to the place of beginning and containing 653,712 square feet or
15-007/1000 acres.
Surveyed on the ground March and April, 2004.
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 September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2035 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. 2035 was passed by the Senate on May
27, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor