Texas 2009 - 81st Regular

Texas House Bill HB4761 Compare Versions

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1	1	81R27156 SLB-D
2	2	By: Rose H.B. No. 4761
3	3	Substitute the following for H.B. No. 4761:
4	4	By: King of Zavala C.S.H.B. No. 4761
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the Parklands Municipal Utility District No. 1;
10	10	providing authority to impose a tax and issue bonds; granting a
11	11	limited power of eminent domain.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subtitle F, Title 6, Special District Local Laws
14	14	Code, is amended by adding Chapter 8368 to read as follows:
15	15	CHAPTER 8368. PARKLANDS MUNICIPAL UTILITY DISTRICT NO. 1
16	16	SUBCHAPTER A. GENERAL PROVISIONS
17	17	Sec. 8368.001. DEFINITIONS. In this chapter:
18	18	(1) "Board" means the district's board of directors.
19	19	(2) "Director" means a board member.
20	20	(3) "District" means the Parklands Municipal Utility
21	21	District No. 1.
22	22	Sec. 8368.002. NATURE OF DISTRICT. The district is a
23	23	municipal utility district created under Section 59, Article XVI,
24	24	Texas Constitution.
25	25	Sec. 8368.003. CONFIRMATION AND DIRECTORS' ELECTION
26	26	REQUIRED. The temporary directors shall hold an election to
27	27	confirm the creation of the district and to elect five permanent
28	28	directors as provided by Section 49.102, Water Code.
29	29	Sec. 8368.004. ELECTION DATES. Section 41.001(a), Election
30	30	Code, does not apply to an election to:
31	31	(1) confirm the district's creation;
32	32	(2) elect initial permanent directors; or
33	33	(3) approve a maintenance tax, bond, or contract.
34	34	Sec. 8368.005. CONSENT OF MUNICIPALITY REQUIRED. The
35	35	temporary directors may not hold an election under Section 8368.003
36	36	until each municipality in whose corporate limits or
37	37	extraterritorial jurisdiction the district is located has
38	38	consented by ordinance or resolution to the inclusion of land in the
39	39	district.
40	40	Sec. 8368.006. TERRITORY ADDED. (a) The territory
41	41	described by Section 2 of the Act creating this chapter is added to
42	42	the district's territory as of the effective date of this section.
43	43	(b) The boundaries and field notes contained in Section 2 of
44	44	the Act creating this chapter form a closure. A mistake made in the
45	45	field notes or in copying the field notes in the legislative process
46	46	does not affect the district's:
47	47	(1) organization, existence, or validity;
48	48	(2) right to issue any type of bond for the purposes
49	49	for which the district is created or to pay the principal of and
50	50	interest on a bond;
51	51	(3) right to impose a tax; or
52	52	(4) legality or operation.
53	53	[Sections 8368.007-8368.050 reserved for expansion]
54	54	SUBCHAPTER B. BOARD OF DIRECTORS
55	55	Sec. 8368.051. GOVERNING BODY; TERMS. (a) The district is
56	56	governed by a board of five elected directors.
57	57	(b) Except as provided by Section 8368.052, directors serve
58	58	staggered four-year terms.
59	59	Sec. 8368.052. TEMPORARY DIRECTORS. (a) The temporary
60	60	board consists of:
61	61	(1) Benjamin B. Tolson;
62	62	(2) Jordan R. Smith;
63	63	(3) Shad Schmid;
64	64	(4) Ryan N. Stevens; and
65	65	(5) Janet Cobbel.
66	66	(b) Temporary directors serve until the earlier of:
67	67	(1) the date permanent directors are elected under
68	68	Section 8368.003; or
69	69	(2) the fourth anniversary of the effective date of
70	70	the Act creating this chapter.
71	71	(c) If permanent directors have not been elected under
72	72	Section 8368.003 and the terms of the temporary directors have
73	73	expired, successor temporary directors shall be appointed or
74	74	reappointed as provided by Subsection (d) to serve terms that
75	75	expire on the earlier of:
76	76	(1) the date permanent directors are elected under
77	77	Section 8368.003; or
78	78	(2) the fourth anniversary of the date of the
79	79	appointment or reappointment.
80	80	(d) If Subsection (c) applies, the owner or owners of a
81	81	majority of the assessed value of the real property in the district
82	82	may submit a petition to the Texas Commission on Environmental
83	83	Quality requesting that the commission appoint as successor
84	84	temporary directors the five persons named in the petition. The
85	85	commission shall appoint as successor temporary directors the five
86	86	persons named in the petition.
87	87	[Sections 8368.053-8368.100 reserved for expansion]
88	88	SUBCHAPTER C. POWERS AND DUTIES
89	89	Sec. 8368.101. MUNICIPAL UTILITY DISTRICT POWERS AND
90	90	DUTIES. The district has the powers and duties provided by the
91	91	general law of this state, including Chapters 49 and 54, Water Code,
92	92	applicable to municipal utility districts created under Section 59,
93	93	Article XVI, Texas Constitution.
94	94	Sec. 8368.102. AUTHORITY FOR ROAD PROJECTS. Under Section
95	95	52, Article III, Texas Constitution, the district may design,
96	96	acquire, construct, finance, issue bonds for, improve, operate,
97	97	maintain, and convey to this state, a county, or a municipality for
98	98	operation and maintenance macadamized, graveled, or paved roads,
99	99	including bridges, storm drainage, and other improvements or
100	100	appurtenances in aid of those roads.
101	101	Sec. 8368.103. ROAD STANDARDS AND REQUIREMENTS. (a) A road
102	102	project must meet all applicable construction standards, zoning and
103	103	subdivision requirements, and regulations of each municipality in
104	104	whose corporate limits or extraterritorial jurisdiction the road
105	105	project is located.
106	106	(b) If a road project is not located in the corporate limits
107	107	or extraterritorial jurisdiction of a municipality, the road
108	108	project must meet all applicable construction standards,
109	109	subdivision requirements, and regulations of each county in which
110	110	the road project is located.
111	111	(c) If a municipality or county will maintain and operate
112	112	the road, the municipality or county must approve the plans and
113	113	specifications of the road project.
114	114	(d) If the state will maintain and operate the road, the
115	115	Texas Transportation Commission must approve the plans and
116	116	specifications of the road project.
117	117	Sec. 8368.104. DIVISION OF DISTRICT. (a) The district may
118	118	be divided into two or more new districts only if the district:
119	119	(1) has no outstanding bonded debt; and
120	120	(2) is not imposing ad valorem taxes or assessments.
121	121	(b) This chapter applies to any new district created by the
122	122	division of the district, and a new district has all the powers and
123	123	duties of the district, including the power to divide in accordance
124	124	with this section.
125	125	(c) Any new district created by the division of the district
126	126	may not, at the time the new district is created, contain any land
127	127	outside:
128	128	(1) the territory of the district at the time the
129	129	district was created; or
130	130	(2) the area described by Section 2 of the Act creating
131	131	this chapter.
132	132	(d) The board, on its own motion or on receipt of a petition
133	133	signed by the owner or owners of a majority of the assessed value of
134	134	the real property in the district according to the most recent
135	135	certified appraisal roll for each county in which the district is
136	136	located, may adopt an order dividing the district.
137	137	(e) The board may adopt an order dividing the district
138	138	before or after the date the board holds an election under Section
139	139	8368.003 to confirm the district's creation.
140	140	(f) An order dividing the district shall:
141	141	(1) name each new district;
142	142	(2) include the metes and bounds description of the
143	143	territory of each new district;
144	144	(3) appoint temporary directors for each new district;
145	145	and
146	146	(4) provide for the division of assets and liabilities
147	147	between or among the new districts.
148	148	(g) On or before the 30th day after the date of adoption of
149	149	an order dividing the district, the district shall file the order
150	150	with the Texas Commission on Environmental Quality and record the
151	151	order in the real property records of each county in which the
152	152	district is located.
153	153	(h) Any new district created by the division of the district
154	154	shall hold a confirmation and directors' election as required by
155	155	Section 8368.003.
156	156	(i) Any new district created by the division of the district
157	157	must hold an election as required by Chapters 49 and 54, Water Code,
158	158	and this chapter to obtain voter approval before the district may
159	159	impose a maintenance tax or issue bonds payable wholly or partly
160	160	from ad valorem taxes.
161	161	Sec. 8368.105. LIMITATION ON USE OF EMINENT DOMAIN. The
162	162	district may not exercise the power of eminent domain outside the
163	163	district to acquire a site or easement for:
164	164	(1) a road project authorized by Section 8368.102; or
165	165	(2) a recreational facility as defined by Section
166	166	49.462, Water Code.
167	167	[Sections 8368.106-8368.150 reserved for expansion]
168	168	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
169	169	Sec. 8368.151. TAX TO REPAY BONDS. The district may impose
170	170	a tax to pay the principal of or interest on bonds issued under
171	171	Section 8368.201.
172	172	[Sections 8368.152-8368.200 reserved for expansion]
173	173	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
174	174	Sec. 8368.201. BONDS FOR ROAD PROJECTS. (a) The district
175	175	may not issue bonds payable from ad valorem taxes to finance a road
176	176	project unless the issuance is approved by a vote of a two-thirds
177	177	majority of the district voters voting at an election held for that
178	178	purpose.
179	179	(b) At the time of issuance, the total principal amount of
180	180	bonds or other obligations issued or incurred to finance road
181	181	projects and payable from ad valorem taxes may not exceed
182	182	one-fourth of the assessed value of the real property in the
183	183	district.
184	184	SECTION 2. The Parklands Municipal Utility District No. 1
185	185	includes all the territory contained in the following area in
186	186	addition to the district's territory immediately before the
187	187	effective date of this Act:
188	188	TRACT ONE LEGAL DESCRIPTION
189	189	DESCRIBING 928.19 ACRES OF LAND OUT OF THE CHRISTOPHER WALTER
190	190	SURVEY A-495, THE ARMAND WELCH SURVEY A-494 AND THE D.A. NANCE
191	191	SURVEY A-684, ALL IN HAYS COUNTY, TEXAS, SAME BEING A PORTION OF A
192	192	580.054 TRACT DESCRIBED IN A DEED RECORDED IN DOCUMENT NO. 03024985
193	193	OF THE OFFICIAL PUBLIC RECORDS OF SAID HAYS COUNTY, A PORTION OF A
194	194	386.954 ACRE TRACT DESCRIBED IN A DEED RECORDED IN DOCUMENT NO.
195	195	9928116 OF THE OFFICIAL PUBLIC RECORDS OF SAID COUNTY, AND ALL OF A
196	196	19.277 ACRE TRACT DESCRIBED IN A DEED RECORDED IN VOLUME 2283, PAGE
197	197	749 OF THE DEED RECORDS OF SAID COUNTY, SAID 928.19 ACRES BEING MORE
198	198	PARTICULARLY DESCRIBED AS FOLLOWS:
199	199	BEGINNING at an iron pipe found at the most northerly corner
200	200	of said 386.954 acre tract, said iron pipe being in the south
201	201	right-of-way of Rohde Road also designated County Road 126;
202	202	Thence, with said south Right of Way line S4704'13"E for
203	203	650.80 feet;
204	204	Thence, with the northwest line of a 13.14 acre tract
205	205	described in a deed recorded in Volume 3200, Page 560 of the Deed
206	206	Records of said County, S4345'03"W, 603.68 feet to an iron rod set
207	207	at the southeast corner of that 1.40 acre tract of land described in
208	208	a deed to Hays CISD as recorded in Document Number 2008-80010641 of
209	209	the Deed Records of said County;
210	210	Thence, with the east, north and west lines of said 1.40 acre
211	211	tract, the following three (3) courses:
212	212	1) N1727'45"W, 378.15 feet to an iron rod set;
213	213	2) S4344'54"W, 184.28 feet to an iron rod set;
214	214	3) S1727'45"E, 378.14 feet to an iron rod set;
215	215	Thence, with the west, south and east lines of said 13.14 acre
216	216	tract, the following seven (7) courses:
217	217	1) S4345'03"W for 180.09 feet to an iron rod found;
218	218	2) S7237'43"E for 458.04 feet to an iron rod found at the
219	219	beginning of a horizontal curve the radius point of which bears
220	220	S1721'35"W, 349.70 feet;
221	221	3) Along said curve through a central angle of 2808'48" for
222	222	an arc distance of 171.79 feet and whose chord bears S 5834'01"E,
223	223	170.07 to an iron rod found;
224	224	4) S4432'12"E for 93.29 feet to an iron rod found at the
225	225	beginning of a horizontal curve, the radius point of which bears
226	226	N4531'27"E, 25.00 feet;
227	227	5) Along said curve through a central angle of 9010'44" for
228	228	an arc distance of 39.35 feet and whose chord bears S8933'55"E,
229	229	35.41 feet to a point;
230	230	6) N4528'02"E for 631.36 feet to a point;
231	231	7) N014'22"W for 119.68 feet to an iron rod found in the
232	232	south Right of Way of said Rohde Road;
233	233	Thence, with said south Right of Way S4713'16"E for 258.41
234	234	feet to an iron rod found at the most northerly corner of a 7.00 acre
235	235	tract described in a deed recorded in Document No. 9909010 of the
236	236	Official Public Records of said Hays County;
237	237	Thence, with the west, south and East lines of said 7.00 acres
238	238	the following three (3) courses:
239	239	1) S4251'06"W for 634.09 feet to an iron rod found;
240	240	2) S4712'07"E for 481.23 feet iron rod found;
241	241	3) N4253'17"E for 150.56 feet iron rod found at the most
242	242	easterly corner of a 1.55 acre tract described in a deed recorded in
243	243	Document No. 999006 of the Official Public records of said Hays
244	244	County;
245	245	Thence, with the south line of said 1.55 acres S4713'03"E for
246	246	410.16 feet to an iron rod found in the northwest line of a 66.38
247	247	acre tract described in a deed recorded in Volume 3200, Page 560 of
248	248	the deed records of said Hays County;
249	249	Thence, with the west and south lines of said 66.38 acres the
250	250	following twenty eight (28) courses:
251	251	1) S4239'26"W for 949.13 feet to a point;
252	252	2) S2718'12"W for 204.33 feet to a point at the beginning of
253	253	a horizontal curve the radius point of which bears S6241'43"E,
254	254	25.00 feet;
255	255	3) Along said curve through a central angle of 4812'31" for
256	256	an arc distance of 21.04 feet and whose chord bears S0312'01"W,
257	257	20.42 feet to a point;
258	258	4) S2054'11"E for 56.97 feet to a point at the beginning of a
259	259	horizontal curve the radius point of which bears S6905'52"W, 175.00
260	260	feet;
261	261	5) Along said curve through a central angle of 3126'39" for
262	262	an arc distance of 96.04 feet and whose chord bears S0510'49"E,
263	263	94.84 feet to a point;
264	264	6) S1032'33"W for 81.44 feet to a point at the beginning of a
265	265	horizontal curve the radius point of which bears S7916'04"E, 25.00
266	266	feet;
267	267	7) Along said curve through a central angle of 8725'07" for
268	268	an arc distance of 38.14 feet and whose chord bears S3258'38"E,
269	269	34.55 feet to a point at the beginning of a horizontal curve the
270	270	radius point of which bears S1308'42"W, 1625.00 feet;
271	271	8) Along said curve through a central angle of 116'38", for
272	272	an arc distance of 36.22 feet and whose chord bears S7612'59"E,
273	273	36.22 feet to a point at the beginning of a horizontal curve the
274	274	radius point of which bears S1425'20"W, 1625.00 feet;
275	275	9) Along said curve through a central angle of 034'28" for
276	276	an arc distance of 16.29 feet and whose chord bears S7517'26"E,
277	277	16.29 feet to a point at the beginning of a horizontal curve the
278	278	radius point of which bears S1459'49"W, 1625.00 feet;
279	279	10) Along said curve through a central angle of 217'53" for
280	280	an arc distance of 65.17 feet and whose chord bears S7351'15"E,
281	281	65.17 feet to a point at the beginning of a horizontal curve the
282	282	radius point of which bears S1717'42"W, 125.00 feet;
283	283	11) Along said curve through a central angle of 3454'20" for
284	284	an arc distance of 76.15 feet and whose chord bears S5515'08"E,
285	285	74.98 feet to a point;
286	286	12) Thence, S3747'57"E for 508.31 feet to a point at the
287	287	beginning of a horizontal curve the radius point of which bears
288	288	S5212'04"W, 125.00 feet;
289	289	13) Along said curve through a central angle of 4701'35" for
290	290	an arc distance of 102.60 feet and whose chord bears S1417'09"E,
291	291	99.74 feet to a point;
292	292	14) Thence, S913'39"W for 168.56 feet;
293	293	15) Thence, S1050'01"W for 38.35 feet;
294	294	16) Thence, S7248'50"E for 245.61 feet;
295	295	17) Thence, N4629'55"E for 53.98 feet to a point at the
296	296	beginning of a horizontal curve the radius point of which bears
297	297	S4329'58"E, 50.00 feet;
298	298	18) Along said curve through a central angle of 438'32" for
299	299	an arc distance of 4.05 feet and whose chord bears N4849'18"E, 4.05
300	300	feet to a point;
301	301	19) Thence, N5108'41"E for 78.97 feet;
302	302	20) Thence, N5831'09"E for 47.60 feet;
303	303	21) Thence, N6358'34"E for 47.60 feet;
304	304	22) Thence, N6925'59"E for 47.60 feet;
305	305	23) Thence, N7746'06"E for 497.54 feet;
306	306	24) Thence, N7638'06"E for 378.51 feet;
307	307	25) Thence, N7513'11"E for 338.23 feet;
308	308	26) Thence, N6706'40"E for 247.43 feet;
309	309	27) Thence, N6206'40"E for 392.14 feet;
310	310	28) Thence, N4332'30"E for 48.17 feet to a point in the south
311	311	right of way line of said Rohde Road;
312	312	Thence, with said south line the following two (2) courses:
313	313	1) S4627'51"E for 438.63 feet to a PK nail found in a fence
314	314	post;
315	315	2) S4627'39"E for 1013.76 feet to an iron rod found at the
316	316	most easterly corner of said 580.054 acres and the herein described
317	317	tract;
318	318	Thence, with the east line of said 544.054 acres and the west
319	319	line of El Camino Real, an abandoned roadway, the following seven
320	320	(7) courses:
321	321	1) S5704'23"W for 287.92 feet to a PK nail found in a fence
322	322	post;
323	323	2) S6050'45"W for 981.92 feet to a PK nail found in a fence
324	324	post;
325	325	3) S5433'21"W for 157.41 feet to a point;
326	326	4) S4743'22"W for 192.44 feet to a PK nail found in a fence
327	327	post;
328	328	5) S4044'33"W for 1462.10 feet to a point;
329	329	6) S5212'31"W for 534.37 feet to a PK nail found in a fence
330	330	post;
331	331	7) S5512'15"W for 99.88 feet to a point at the most easterly
332	332	corner of said 19.277 acres;
333	333	Thence, with the east line of said 19.277 acres and said west
334	334	line of El Camino Real S5538'03"W for 465.78 feet to a point;
335	335	Thence, with the east line of said 19.277 acres S5415'22"W
336	336	for 237.09 feet to a point
337	337	Thence, with the south line of said 19.277 acres and in part
338	338	with the north line of lot 2, El Camino Real Estates, a subdivision
339	339	recorded in Book 7, Page 269 of the Plat Records of said Hays
340	340	County, and in part with the north line of a 9.970 acre tract
341	341	described in a deed recorded in Volume 1085, Page 547 and Volume
342	342	1891, Page 409 of the deed records of said county, N4640'09"W for
343	343	742.06 feet to an iron rod found;
344	344	Thence, with the west line of said 9.970 acres S4244'50"W for
345	345	1148.63 feet to the most easterly point of a 33.57 acre tract
346	346	described in a deed as recorded in Volume 3200, Page 560 of the deed
347	347	records of said county;
348	348	Thence, with the north, west and south lines of said 33.57
349	349	acres the following seventeen (17) courses:
350	350	1) N4718'18"W for 270.18 feet to a point;
351	351	2) N3251'01"W for 187.92 feet to a point;
352	352	3) N3724'25"W for 530.74 feet to a point;
353	353	4) N3726'57"W for 80.18 feet to a point;
354	354	5) N4036'02"W for 217.24 feet to a point;
355	355	6) N4052'21"W for 33.16 feet to a point;
356	356	7) N4952'50"W for 143.73 feet to a point;
357	357	8) S6843'00"W for 39.67 feet to a point;
358	358	9) S2819'23"W for 208.89 feet to a point at the beginning of
359	359	a horizontal curve the radius point of which bears N6243'46"W, and
360	360	2681.32 feet
361	361	10) Along said curve through a central angle of 325'40" for
362	362	an arc distance of 160.41 feet and whose chord bears S2859'04"W,
363	363	160.39 feet to a point;
364	364	11) S3313'37"W for 53.33 feet to a point at the beginning of
365	365	a horizontal curve the radius point of which bears N5517'48"W, and
366	366	1035.00 feet;
367	367	12) Along said curve through a central angle of 550'56" for
368	368	an arc distance of 105.66 feet and whose chord bears S3737'40"W,
369	369	105.61 feet to a point;
370	370	14) S4238'02"W for 678.96 feet to a point;
371	371	15) S4718'18"E for 430.00 feet to a point;
372	372	16) N4241'42"E for 120.00 feet;
373	373	17) S4718'18"E for 924.14 feet to a point in the east line of
374	374	said 580.054 acres and in the west line of said 9.970 acres;
375	375	Thence, with the west line of said 9.970 acres S4244'50"W for
376	376	170.99 feet to a PK nail found in a fence post at the most northerly
377	377	corner of an 80.36 acre tract described in a deed recorded in Volume
378	378	294, Page 349 of the deed records of said county;
379	379	Thence, with the west line of said 80.36 acres S4248'37"W for
380	380	2017.58 feet to a nail found in a fence post in the south line of
381	381	said 580.054 acre tract;
382	382	Thence, in part with the north line of a 222.099 acre tract
383	383	described in a deed recorded in Volume 2084, Page 707 of the deed
384	384	records of said county, N4659'17"W for 898.75 feet to a point and
385	385	N4800'54"W for 496.20 feet to a concrete monument found at the most
386	386	easterly corner of a 203 acre tract described in a deed recorded in
387	387	Volume 1703, Page 587 of the deed records of said County;
388	388	Thence, continuing with the north line of said 203 acres and
389	389	the north line of a 80 acre tract described in a deed recorded in
390	390	Volume 1679, Page 405 of the deed records of said County,
391	391	N4604'15"W for 1036.80 feet to an iron rod found and N5104'03"W for
392	392	1743.37 feet to a fence post and N4729'18"W for 686.69 feet to an
393	393	iron pipe found in an east line of an 811.315 acre tract of land
394	394	described in a deed recorded in Document No. 9917880 of the Official
395	395	Public Records of said Hays county;
396	396	Thence, with the east line of said 811.315 acres N4248'24"E
397	397	for 1993.62 feet to an iron rod found and N4222'36"E for 1641.39
398	398	feet to a fence post at the most southerly corner of a 368.2 acre
399	399	tract described in a deed recorded in volume 239, Page 587 of the
400	400	deed records of said county;
401	401	Thence, with the east line of said 368.2 acre tract and an
402	402	east line of a 130 acre tract described in a deed recorded in Volume
403	403	849, Page 728 of the deed records of said County, N4256'47"E for
404	404	5116.97 feet to the Point of Beginning containing 928.19 ACRES OF
405	405	LAND within these metes and bounds;
406	406	TRACT TWO LEGAL DESCRIPTION
407	407	DESCRIBING A TRACT OF LAND CONTAINING 257.66 ACRES, BEING A
408	408	PORTION OF THE ARMAND WELCH SURVEY A-494, I. & G.N. RAILROAD CO.
409	409	SURVEY A-577, JAMES M. W. HALL SURVEY A-227 AND THE SAMUEL LITTLE
410	410	SURVEY A-286, HAYS COUNTY, TEXAS ALSO BEING A PORTION OF THAT
411	411	CERTAIN 811.315 ACRE TRACT DESCRIBED IN A GENERAL WARRANTY DEED TO
412	412	RICK ANDERSON, PAUL SCHAEFER, AND SUSAN G. SNOW EXECUTED ON JULY 15,
413	413	1999 AND RECORDED IN DOCUMENT NUMBER 9917880 OF THE OFFICIAL PUBLIC
414	414	RECORDS OF THE SAID COUNTY, SAID 257.66 ACRES BEING MORE
415	415	PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
416	416	BEGINNING at a fence corner post found for the most easterly
417	417	corner of said 811.315 acre tract, said fence corner being in a
418	418	northwest line of that certain 386.954 acre tract described in a
419	419	deed to Rohde Lane Group, Ltd. as recorded in Document #9928116 of
420	420	the said Official Public Records;
421	421	THENCE, along the northwesterly line of the said 386.954 acre
422	422	tract, S 42 22' 29" W a distance of 1641.37 feet to a fence post and
423	423	S 42 48' 54" W a distance of 1994.15 feet to an iron pipe found in
424	424	the northeast line of that certain 80 acre tract described in a deed
425	425	to Jackie Ray Schawe and Vickie Sue Schawe as recorded in Volume
426	426	1679 Page 405 of the said Official Public Records;
427	427	THENCE with the said line of the Schawe tract, N 46 57' 53" W
428	428	a distance of 1004.59 feet to a fence post found and N 46 57' 20" W a
429	429	distance of 427.28 feet to a fence post found at end of the
430	430	southeast line of County Road 128;
431	431	THENCE, along said County Road 128, the following four (4)
432	432	courses:
433	433	1. N 50 19' 02" W a distance of 51.68 feet to a fence
434	434	post found;
435	435	2. S 47 54' 28" W a distance of 31.84 feet to a fence
436	436	post found;
437	437	3. S 47 53' 50" E a distance of 9.76 feet to a fence
438	438	corner post on the northwesterly R.O.W. line of County road 128 as
439	439	fenced;
440	440	4. S 42 42' 50" W, 2285.24 feet to a point;
441	441	THENCE, through the interior of said 811.315 acre tract, the
442	442	following twenty-two (22) courses:
443	443	1. N0247'53"W, 308.38 feet to a point;
444	444	2. Along a curve to the left having a radius of 60.00
445	445	feet, central angle of 12803'31" and chord bearing of N1051'05"E
446	446	and chord distance of 107.88 feet to a point;
447	447	3. Along a curve to the left with a radius of 430.00
448	448	feet, central angle of 0928'22" and chord bearing of N5754'52"W and
449	449	chord distance of 71.01 feet to a point;
450	450	4. N1845'59"E, a distance of 170.57 feet to a point;
451	451	5. N0002'43"E, a distance of 204.98 feet to a point;
452	452	6. Along a curve to the left with a radius of 60.00
453	453	feet, central angle of 7155'00" and chord bearing of N0340'47"E and
454	454	chord distance of 70.46 feet to a point;
455	455	7. N1046'26"E, a distance of 191.38 feet to a point;
456	456	8. N0937'08"E, a distance of 200.23 feet to a point;
457	457	9. N1541'31"E, a distance of 195.32 feet to a point;
458	458	10. N1827'06"E, a distance of 148.65 feet to a point;
459	459	11. N1939'00"E, a distance of 162.54 feet to a point;
460	460	12. Along a curve to the right with a radius of 450.00
461	461	feet, central angle of 0501'44" and chord bearing of S8419'28"W and
462	462	chord distance of 39.48 feet to a point;
463	463	13. Along a curve to the left with a radius of 60.00
464	464	feet, central angle of 9424'42" and chord bearing of N3937'59"E and
465	465	chord distance of 88.06 feet to a point;
466	466	14. N3124'45"E, a distance of 150.73 feet to a point;
467	467	15. N2930'29"E, a distance of 173.50 feet to a point;
468	468	16. N3225'50"E, a distance of 262.06 feet to a point;
469	469	17. Along a curve to the left with a radius of 60.00
470	470	feet, central angle of 9758'52" and chord bearing of N3023'59"E and
471	471	chord distance of 90.55 feet to a point;
472	472	18. N4255'24"E, a distance of 149.43 feet to a point;
473	473	19. N4326'00"E, a distance of 1593.30 feet to a point;
474	474	20. N4255'23"E, a distance of 983.76 feet to a point;
475	475	21. N4233'11"E, a distance of 639.21 feet to a point;
476	476	22. N4233'53"E, a distance of 329.50 feet to a point in
477	477	the southwest line of that 125.52 acre tract described in a deed to
478	478	Thaddeus Charles McCormick III as recorded in Volume 748 Page 143 of
479	479	the Deed Records of said County;
480	480	THENCE S 48 43' 36" E a distance of 164.64 feet to a fence
481	481	post found and S 53 32' 50" E a distance of 22.34 feet to a fence
482	482	post found at the southerly corner of said McCormick Tract;
483	483	THENCE S 41 51' 32" W a distance of 113.47 feet to a fence
484	484	post found at the westerly corner of that certain 368.2 acre tract
485	485	described in a Deed to Flora Nickel as recorded in Volume 239, Page
486	486	587 of the said Official Public Records;
487	487	THENCE along the southwesterly line of said Nickel tract, the
488	488	following three (3) courses:
489	489	1. S 52 10' 20" E a distance of 1445.87 feet to a fence
490	490	post found;
491	491	2. S 51 28' 34" E a distance of 987.00 feet to a fence
492	492	post found;
493	493	3. S 40 11' 03" E a distance of 25.20 feet to the POINT
494	494	OF BEGINNING and containing 257.66 acres of land.
495	495	SECTION 3. (a) The legal notice of the intention to
496	496	introduce this Act, setting forth the general substance of this
497	497	Act, has been published as provided by law, and the notice and a
498	498	copy of this Act have been furnished to all persons, agencies,
499	499	officials, or entities to which they are required to be furnished
500	500	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
501	501	Government Code.
502	502	(b) The governor, one of the required recipients, has
503	503	submitted the notice and Act to the Texas Commission on
504	504	Environmental Quality.
505	505	(c) The Texas Commission on Environmental Quality has filed
506	506	its recommendations relating to this Act with the governor, the
507	507	lieutenant governor, and the speaker of the house of
508	508	representatives within the required time.
509	509	(d) All requirements of the constitution and laws of this
510	510	state and the rules and procedures of the legislature with respect
511	511	to the notice, introduction, and passage of this Act are fulfilled
512	512	and accomplished.
513	513	SECTION 4. This Act takes effect immediately if it receives
514	514	a vote of two-thirds of all the members elected to each house, as
515	515	provided by Section 39, Article III, Texas Constitution. If this
516	516	Act does not receive the vote necessary for immediate effect, this
517	517	Act takes effect September 1, 2009.