Texas 2009 - 81st Regular

Texas House Bill HB4772 Compare Versions

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1	1	H.B. No. 4772
2	2
3	3
4	4	AN ACT
5	5	relating to the creation of the Bastrop County Municipal Utility
6	6	District No. 2; providing authority to impose a tax and issue bonds;
7	7	granting a limited power of eminent domain.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle F, Title 6, Special District Local Laws
10	10	Code, is amended by adding Chapter 8335 to read as follows:
11	11	CHAPTER 8335. BASTROP COUNTY MUNICIPAL UTILITY DISTRICT NO. 2
12	12	SUBCHAPTER A. GENERAL PROVISIONS
13	13	Sec. 8335.001. DEFINITIONS. In this chapter:
14	14	(1) "Board" means the district's board of directors.
15	15	(2) "Director" means a board member.
16	16	(3) "District" means the Bastrop County Municipal
17	17	Utility District No. 2.
18	18	Sec. 8335.002. NATURE OF DISTRICT. The district is a
19	19	municipal utility district created under Section 59, Article XVI,
20	20	Texas Constitution.
21	21	Sec. 8335.003. CONFIRMATION AND DIRECTORS' ELECTION
22	22	REQUIRED. The temporary directors shall hold an election to
23	23	confirm the creation of the district and to elect five permanent
24	24	directors as provided by Section 49.102, Water Code.
25	25	Sec. 8335.004. CONSENT OF MUNICIPALITY REQUIRED. The
26	26	temporary directors may not hold an election under Section 8335.003
27	27	until each municipality in whose corporate limits or
28	28	extraterritorial jurisdiction the district is located has
29	29	consented by ordinance or resolution to the creation of the
30	30	district and to the inclusion of land in the district.
31	31	Sec. 8335.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
32	32	The district is created to serve a public purpose and benefit.
33	33	(b) The district is created to accomplish the purposes of:
34	34	(1) a municipal utility district as provided by
35	35	general law and Section 59, Article XVI, Texas Constitution; and
36	36	(2) Section 52, Article III, Texas Constitution, that
37	37	relate to the construction, acquisition, improvement, operation,
38	38	or maintenance of macadamized, graveled, or paved roads, or
39	39	improvements, including storm drainage, in aid of those roads.
40	40	Sec. 8335.006. INITIAL DISTRICT TERRITORY. (a) The
41	41	district is initially composed of the territory described by
42	42	Section 2 of the Act creating this chapter.
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 8335.007-8335.050 reserved for expansion]
54	54	SUBCHAPTER B. BOARD OF DIRECTORS
55	55	Sec. 8335.051. 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 8335.052, directors serve
58	58	staggered four-year terms.
59	59	Sec. 8335.052. TEMPORARY DIRECTORS. (a) The temporary
60	60	board consists of:
61	61	(1) William Strawn;
62	62	(2) Michael Lamendola;
63	63	(3) David Bowen;
64	64	(4) Sean Mills; and
65	65	(5) Ann Schneider.
66	66	(b) Temporary directors serve until the earlier of:
67	67	(1) the date permanent directors are elected under
68	68	Section 8335.003; 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 8335.003 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 8335.003; 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 8335.053-8335.100 reserved for expansion]
88	88	SUBCHAPTER C. POWERS AND DUTIES
89	89	Sec. 8335.101. GENERAL POWERS AND DUTIES. The district has
90	90	the powers and duties necessary to accomplish the purposes for
91	91	which the district is created.
92	92	Sec. 8335.102. MUNICIPAL UTILITY DISTRICT POWERS AND
93	93	DUTIES. The district has the powers and duties provided by the
94	94	general law of this state, including Chapters 49 and 54, Water Code,
95	95	applicable to municipal utility districts created under Section 59,
96	96	Article XVI, Texas Constitution.
97	97	Sec. 8335.103. AUTHORITY FOR ROAD PROJECTS. Under Section
98	98	52, Article III, Texas Constitution, the district may design,
99	99	acquire, construct, finance, issue bonds for, improve, operate,
100	100	maintain, and convey to this state, a county, or a municipality for
101	101	operation and maintenance macadamized, graveled, or paved roads, or
102	102	improvements, including storm drainage, in aid of those roads.
103	103	Sec. 8335.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
104	104	project must meet all applicable construction standards, zoning and
105	105	subdivision requirements, and regulations of each municipality in
106	106	whose corporate limits or extraterritorial jurisdiction the road
107	107	project is located.
108	108	(b) If a road project is not located in the corporate limits
109	109	or extraterritorial jurisdiction of a municipality, the road
110	110	project must meet all applicable construction standards,
111	111	subdivision requirements, and regulations of each county in which
112	112	the road project is located.
113	113	(c) If the state will maintain and operate the road, the
114	114	Texas Transportation Commission must approve the plans and
115	115	specifications of the road project.
116	116	Sec. 8335.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
117	117	OR RESOLUTION. The district shall comply with all applicable
118	118	requirements of any ordinance or resolution that is adopted under
119	119	Section 54.016 or 54.0165, Water Code, and that consents to the
120	120	creation of the district or to the inclusion of land in the
121	121	district.
122	122	Sec. 8335.106. CONTRACT WITH CERTAIN MUNICIPALITIES
123	123	REQUIRED. (a) In order to exercise the powers and duties of a
124	124	municipal utility district granted by this chapter, the district
125	125	shall enter into a written contract with any municipality within
126	126	whose extraterritorial jurisdiction the district is wholly or
127	127	partly located:
128	128	(1) regulating the continuation of the
129	129	extraterritorial status of the district and its annexation by the
130	130	municipality;
131	131	(2) regulating the development within the boundaries
132	132	of the district in a manner that the parties agree will further the
133	133	health, safety, and welfare of the residents of the district; and
134	134	(3) containing other terms and consideration that the
135	135	municipality determines to be reasonable and appropriate.
136	136	(b) A contract under this section may be renewed or extended
137	137	for successive periods not to exceed 15 years.
138	138	Sec. 8335.107. LIMITATION ON USE OF EMINENT DOMAIN. The
139	139	district may not exercise the power of eminent domain outside the
140	140	district to acquire a site or easement for:
141	141	(1) a road project authorized by Section 8335.103; or
142	142	(2) a recreational facility as defined by Section
143	143	49.462, Water Code.
144	144	[Sections 8335.108-8335.150 reserved for expansion]
145	145	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
146	146	Sec. 8335.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
147	147	district may issue, without an election, bonds and other
148	148	obligations secured by:
149	149	(1) revenue other than ad valorem taxes; or
150	150	(2) contract payments described by Section 8335.153.
151	151	(b) The district must hold an election in the manner
152	152	provided by Chapters 49 and 54, Water Code, to obtain voter approval
153	153	before the district may impose an ad valorem tax or issue bonds
154	154	payable from ad valorem taxes.
155	155	(c) The district may not issue bonds payable from ad valorem
156	156	taxes to finance a road project unless the issuance is approved by a
157	157	vote of a two-thirds majority of the district voters voting at an
158	158	election held for that purpose.
159	159	Sec. 8335.152. OPERATION AND MAINTENANCE TAX. (a) If
160	160	authorized at an election held under Section 8335.151, the district
161	161	may impose an operation and maintenance tax on taxable property in
162	162	the district in accordance with Section 49.107, Water Code.
163	163	(b) The board shall determine the tax rate. The rate may not
164	164	exceed the rate approved at the election.
165	165	Sec. 8335.153. CONTRACT TAXES. (a) In accordance with
166	166	Section 49.108, Water Code, the district may impose a tax other than
167	167	an operation and maintenance tax and use the revenue derived from
168	168	the tax to make payments under a contract after the provisions of
169	169	the contract have been approved by a majority of the district voters
170	170	voting at an election held for that purpose.
171	171	(b) A contract approved by the district voters may contain a
172	172	provision stating that the contract may be modified or amended by
173	173	the board without further voter approval.
174	174	[Sections 8335.154-8335.200 reserved for expansion]
175	175	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
176	176	Sec. 8335.201. AUTHORITY TO ISSUE BONDS AND OTHER
177	177	OBLIGATIONS. The district may issue bonds or other obligations
178	178	payable wholly or partly from ad valorem taxes, impact fees,
179	179	revenue, contract payments, grants, or other district money, or any
180	180	combination of those sources, to pay for any authorized district
181	181	purpose.
182	182	Sec. 8335.202. TAXES FOR BONDS. At the time the district
183	183	issues bonds payable wholly or partly from ad valorem taxes, the
184	184	board shall provide for the annual imposition of a continuing
185	185	direct ad valorem tax, without limit as to rate or amount, while all
186	186	or part of the bonds are outstanding as required and in the manner
187	187	provided by Sections 54.601 and 54.602, Water Code.
188	188	Sec. 8335.203. BONDS FOR ROAD PROJECTS. At the time of
189	189	issuance, the total principal amount of bonds or other obligations
190	190	issued or incurred to finance road projects and payable from ad
191	191	valorem taxes may not exceed one-fourth of the assessed value of the
192	192	real property in the district.
193	193	SECTION 2. The Bastrop County Municipal Utility District
194	194	No. 2 initially includes all the territory contained in the
195	195	following area:
196	196	BEING A PART OF THAT CERTAIN TRACT OF LAND OUT OF AND A PART OF
197	197	THE J. A. NAVARRO SURVEY, ABSTRACT 53, SITUATED IN BASTROP COUNTY,
198	198	TEXAS, SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS
199	199	BEING PART OF THAT CERTAIN 723.330 ACRE TRACT OF LAND CONVEYED TO
200	200	DOUBLE EAGLE ESTATES, LTD., IN VOLUME 1727, PAGE 637 OF THE DEED
201	201	RECORDS OF BASTROP COUNTY, TEXAS, AND ALL OF THAT CERTAIN 0.581 ACRE
202	202	(25,317 SQUARE FEET) TRACT OF LAND CONVEYED TO DOUBLE EAGLE
203	203	ESTATES, LTD. IN DOCUMENT NUMBER 200809818 OF THE OFFICIAL PUBLIC
204	204	RECORDS OF BASTROP COUNTY, TEXAS, SAVE AND EXCEPT 17.00 ACRES
205	205	(TRACT 1), 4.487 ACRES (TRACT 2), AND 0.456 ACRE (19,875 SQUARE
206	206	FEET) (TRACT 3), SAID TRACT BEING TOTAL 700.800 ACRES OF LAND MORE
207	207	FULLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
208	208	BEGINNING, at a point in the curving north boundary line of
209	209	Old State Highway No. 71, a 100-foot wide public right-of-way, said
210	210	point also being the southeast corner of River Crossing, Section 1,
211	211	a subdivision recorded in Cabinet 3, Pages 14B-16A of the Plat
212	212	Records of Bastrop County, Texas, (P.R.B.C.TX.), for the southwest
213	213	corner and POINT OF BEGINNING of the herein described total 700.800
214	214	acre save and except tract of tract,
215	215	THENCE, with the west boundary line of said 723.330 acre
216	216	tract and the eastern boundary line of said River Crossing, Section
217	217	1 plat, the following six (6) courses and distances, numbered 1
218	218	through 6,
219	219	1. N2839'54"E, a distance of 3827.98 feet to an iron rod
220	220	found,
221	221	2. N2840'43"E, a distance of 192.11 feet to a point in the
222	222	approximate centerline of Moss Branch Creek,
223	223	3. N6657'55"E, a distance of 191.40 feet to a point in the
224	224	approximate centerline of Moss Branch Creek,
225	225	4. N1140'52"E, a distance of 94.19 feet to a point in the
226	226	approximate centerline of Moss Branch Creek,
227	227	5. N0912'23"W, a distance of 164.23 feet to a point in the
228	228	approximate centerline of Moss Branch Creek, and
229	229	6. N1020'14"E, a distance of 447.74 feet to a point in the
230	230	approximate centerline of Moss Branch Creek, also being the
231	231	northeast corner of Lot 27 of said River Crossing, Section 1 plat,
232	232	for an interior angle point of the herein described tract of land,
233	233	THENCE, leaving the approximate centerline of said Moss
234	234	Branch Creek, and continuing with the eastern and northern boundary
235	235	line said River Crossing, Section 1 plat, and the western boundary
236	236	line of said 723.330 acre Double Eagle Estates, Ltd. tract, the
237	237	following eight (8) courses and distances, numbered 1 through 8,
238	238	1. N6735'53"W, a distance of 225.44 feet to an iron rod
239	239	found,
240	240	2. N7602'24"w, a distance of 326.78 feet to an iron rod
241	241	found at the common back lot corner of Lots 28, 29 and 40 of said
242	242	River Crossing, Section 1 plat, for an exterior angle point of the
243	243	herein described tract,
244	244	3. N1912'01"E, a distance of 1088.43 feet to an interior
245	245	angle point of the herein described tract,
246	246	4. N7905'33"W, a distance of 250.28 feet to an iron rod
247	247	found at an angle point of Lot 53 of said River Crossing, Section 1
248	248	plat, for an exterior angle point of the herein described tract,
249	249	5. N0636'57"E, a distance of 760.90 feet to an iron rod
250	250	found at the northeast corner of Lot 54 of sais River Crossing,
251	251	Section 1 plat, for an interior angle point of the herein described
252	252	tract,
253	253	6. N8016'29"W, a distance of 432.86 feet to an iron rod
254	254	found,
255	255	7. N8345'20"W, a distance of 309.09 feet to an iron rod
256	256	found and
257	257	8. N8900'04"W, a distance of 862.05 feet to an iron rod
258	258	found at the northwest of Lot 61 and Reserve "C" ( a 1.62 acre nature
259	259	trail) of said River Crossing, Section 1 plat, also being an
260	260	exterior angle point of said 723.330 acre tract for an exterior
261	261	angle point of the herein described tract,
262	262	THENCE, with the eastern boundary of said Reserve "C" and the
263	263	eastern boundary line of River Crossing, Section 2, a subdivision
264	264	recorded in Cabinet 3, Page 109A of the P.R.B.C.TX., Reserve "F" (a
265	265	4.63 acre nature trail), the following six (6) courses and
266	266	distances, numbered 1 through 6,
267	267	1. N0247'32"E, a distance of 1431.43 feet to an iron rod
268	268	found for an exterior angle point of the herein described tract,
269	269	2. N6422'53"E, a distance of 354.51 feet to an angle point,
270	270	3. N8818'14"E, a distance of 52.94 feet to an angle point,
271	271	4. N4110'20"E, a distance of 372.24 feet to an angle point,
272	272	5. N3216'32"E, a distance of 510.39 feet to an angle point
273	273	and
274	274	6. N2817'23"E, a distance of 2080.49 feet to a point of the
275	275	low bank of the Colorado River, from which an iron rod found bears
276	276	S2817'23W, a distance of 35.54 feet, for the northwest corner of
277	277	said 723.330 acre Double Eagle Estates, Ltd., the northeast corner
278	278	of said River Crossing, Section 2 plat, for the northwest corner of
279	279	the herein described tract,
280	280	THENCE, with the approximate meanders of the low bank of said
281	281	Colorado River, the following thirteen (13) courses and distances,
282	282	numbered 1 through 13,
283	283	1. S6639'19"E, a distance of 412.18 feet to a point,
284	284	2. S7256'50"E, a distance of 838.46 feet to a point,
285	285	3. S5437'21"E, a distance of 583.24 feet to a point,
286	286	4. S2954'40"E, a distance of 125.90 feet to a point,
287	287	5. S4633'38"E, a distance of 461.02 feet to a point,
288	288	6. S8839'08"E, a distance of 210.28 feet to a point,
289	289	7. S7531'18"E, a distance of 625.10 feet to a point,
290	290	8. N8329'50"E, a distance of 539.30 feet to a point,
291	291	9. N7007'56"E, a distance of 145.47 feet to a point,
292	292	10. N4930'20"E, a distance of 509.50 feet to a point,
293	293	11. N6822'51"E, a distance of 494.42 feet to a point,
294	294	12. S8542'31"E, a distance of 325.11 feet to a point and
295	295	13. S6927'18"E, a distance of 94.82 feet to a 6" tree on the
296	296	low bank of said Colorado River at the northeast corner of said
297	297	723.330 acre Double Eagle Estates, Ltd., also being the northwest
298	298	corner of 89.704 acre tract of land conveyed to Julie Salem in
299	299	Volume 709, Page 379 of the Deed Records of Bastrop County, Texas
300	300	(D.R.B.C.TX.), for the northeast corner of the herein described
301	301	tract,
302	302	THENCE, leaving said low bank of the Colorado River and with
303	303	the western boundary of said Salem tract and the eastern boundary of
304	304	said 723.330 acre Double Eagle Estates, Ltd. tract, S2825'57"W, a
305	305	distance of 2695.41 feet to an iron rod found at the western angle
306	306	point of Lot 28 of Rocking "S" Estates, a subdivision recorded in
307	307	Cabinet 3, Page 107B of the P.R.B.C.TX., for an angle point of said
308	308	723.330 acre Double Eagle Estates, Ltd. tract and an angle point of
309	309	the herein described tract,
310	310	THENCE, continuing with the eastern boundary line of said
311	311	723.330 acre Double Eagle Estates, Ltd. tract and the western
312	312	boundary line of said Rocking "S" Estates plat, S2711'03"W, a
313	313	distance of 2170.98 feet to an iron rod found at the southwest
314	314	corner of said Rocking "S" Estates plat, also being the northwest
315	315	corner of a 124.158 acre tract of land conveyed to Beverly Kay
316	316	Thomas Reid in Volume 991, Page 408 of the D.R.B.C.TX., also being
317	317	an angle point of the eastern boundary line of said 723.330 acre
318	318	Double Eagle Estates, Ltd. tract, for an angle point of the herein
319	319	described tract,
320	320	THENCE, with the western boundary line of said Reid tract,
321	321	the eastern boundary line of said 723.330 acre Double Eagle
322	322	Estates, Ltd. tract, the following four (4) courses and distances,
323	323	numbered 1 through 4,
324	324	1. S 2504'50"W, a distance of 276.42 feet to a point,
325	325	2. S3401'31"W, a distance of 112.38 feet to a point,
326	326	3. S4837'07"W, a distance of 115.38 feet to a 14" Elm tree
327	327	for an angle point and
328	328	4. S2842'02"W, a distance of 1803.15 feet to a concrete
329	329	monument found at the southwest corner of said Reid tract, an angle
330	330	point of said 723.330 acre Double Eagle Estates, Ltd. tract, also
331	331	being the northwest corner of 28.7 acre tract of land conveyed to
332	332	M.L. Stanfield in Volume 173, Page 321 of the D.R.B.C.TX. for an
333	333	angle point of the herein described tract,
334	334	THENCE, with the western boundary line of said Stanfield
335	335	tract and the eastern boundary line of said 723.330 acre Double
336	336	Eagle Estates, Ltd. tract, S3051'20"W, a distance of 1311.89 feet
337	337	to a point in the approximate centerline of said Moss Branch Creek
338	338	for the southwest corner of said Stanfield tract, also being the
339	339	northwest corner of a 126.20 acre (Tract Two) tract of land conveyed
340	340	to The Forest at Colorado Crossing, Ltd. in Volume 1050, Page 0, of
341	341	the D.R.B.C.TX., also being an angle point of said 723.330 acre
342	342	Double Eagle Estates, Ltd. tract for an angle point of the herein
343	343	described tract,
344	344	THENCE, with the eastern boundary of said 723.330 acre Double
345	345	Eagle Estates, Ltd. tract, the western boundary of said 126.20 acre
346	346	The Forest at Colorado Crossing, Ltd. tract, S2116'41"W, a distance
347	347	of 497.62 feet to a point in the approximate centerline of Fowler
348	348	Branch Creek, also being the northwest corner of The Forest at
349	349	Colorado Crossing, Section One, a subdivision recorded in Cabinet
350	350	4, page 18A of the P.R.B.C.TX., for an angle point on the of the
351	351	herein described tract,
352	352	THENCE, following a line over, upon and across said The
353	353	Forest at Colorado Crossing, Section One plat, said 723.330 acre
354	354	Double Eagle Estates, Ltd. tract, and Moss Branch Cemetery, the
355	355	following six (6) courses and distances, numbered 1 through 6,
356	356	1. S2425'29"W, a distance of 303.37 feet to an iron rod
357	357	found at the northeast corner of the Moss Branch Cemetery,
358	358	2. N7228'33"W, a distance of 124.97 feet to an iron rod
359	359	found at the northwest corner of the Moss Branch Cemetery,
360	360	3. S1837'26"W, a distance of 193.57 feet to an iron rod
361	361	found at the southwest corner of said Moss Branch Cemetery,
362	362	4. S6148'04"E, a distance of 93.34 feet to an iron rod found
363	363	at the southeast corner of said Moss Branch Cemetery
364	364	5. S3432'36"W, a distance of 559.80 feet to an iron rod
365	365	found, and
366	366	6. S3018'22"W, a distance of 466.77 feet to a point, also
367	367	being the southwest corner of Lot 12 of said The Forest at Colorado
368	368	Crossing, Section One plat, also being the northwest corner of a
369	369	18.00 acre tract of land conveyed to Ruth Ann Hobbs in Volume 719,
370	370	Page 794 of the D.R.B.C.TX., also being an exterior angle point of
371	371	said 723.330 acre Double Eagle Estates, Ltd. tract, for an exterior
372	372	angle point of the herein described tract,
373	373	THENCE, with the eastern boundary line of said 723.330 acre
374	374	Double Eagle Estates, Ltd. tract, and the western boundary line of
375	375	said Hobbs tract, the following five (5) courses and distances,
376	376	numbered 1 through 5,
377	377	1. S8402'31"W, a distance of 56.57 feet to an angle point,
378	378	2. S2356'13"W, a distance of 201.24 feet to an angle point,
379	379	3. S5011'49"W, a distance of 171.49 feet to an angle point,
380	380	4. S1935'41"W, a distance of 523.42 feet to an angle point,
381	381	and
382	382	5. S1908'17"W, a distance of 308.22 feet to an angle point
383	383	the northeast corner of certain tract of land conveyed to St. Paul
384	384	Cemetery recorded in Volume 146, Page 332 of the D.R.B.C.TX., for
385	385	the southeast corner of the herein described tract,
386	386	THENCE, with the southern and eastern boundary lines of said
387	387	723.330 acre Double Eagle Estates, Ltd. tract, and the northern and
388	388	western boundary lines of said St. Paul Cemetery tract, the
389	389	following two (2) courses and distances, numbered 1 and 2,
390	390	1. N8736'13"W, a distance of 206.91 feet to an iron rod
391	391	found, and
392	392	2. S0340'57"W, a distance of 135.49 feet to an iron rod
393	393	found in the northern line of a 11.68 acre tract of land conveyed to
394	394	Arthur F. Corwin in Volume 166, Page 191 of the D.R.B.C.TX., for the
395	395	southeast corner of the herein described tract,
396	396	THENCE, with the southern boundary line of said 723.330 acre
397	397	Double Eagle Estates, Ltd. tract, and the northern boundary lines
398	398	of said Corwin tract, a 3.374 acre tract of land conveyed to Hershal
399	399	G. French in Volume 1285, page 898, a 1.45 acre tract of land
400	400	conveyed to Robert J. Muggley in Volume 295, Page 302, a 1.133 acre
401	401	tract of land conveyed to James and Julie Reese in Volume 1661, Page
402	402	574, a 0.886 acre tract of land conveyed to James F. and Alice Hart
403	403	in Volume 1689, Page 389and a 0.64 acre tract of land conveyed to
404	404	Clyde and Carolyn Poldrack in Volume 852, Page 182 all of the
405	405	D.R.B.C.TX., N6243'19"W, a distance of 895.13 feet to an iron rod
406	406	found at the northwest corner of said Poldrack tract, also being the
407	407	northeast corner of said Kitten tract for an interior angle point of
408	408	the herein described tract,
409	409	THENCE, with the eastern and southern boundary lines of said
410	410	Kitten tract, and the southern boundary line of said 723.330 acre
411	411	Double Eagle Estates, Ltd. tract, and said curving north boundary
412	412	line of Old State Highway No. 71, the following four (4) courses and
413	413	distances, numbered 1 through 4,
414	414	1. S3906'44"W, a distance of 153.80 feet to a point for the
415	415	southeast corner of said Kitten tract,
416	416	2. N3218'00"W, a distance of 108.42 feet to a point of
417	417	curvature to the left,
418	418	3. with said curve to the left having a radius of 1195.98
419	419	feet, an arc length of 63.81 feet, and whose chord bears N3500'25"W
420	420	a distance of 63.80 feet to a point of curvature to the left,
421	421	4. with said curve to the left having a radius of 1195.98
422	422	feet, an arc length of 312.25 feet and whose chord bears N4400'54"W
423	423	a distance of 311.36 feet to the POINT OF BEGINNING, and containing
424	424	700.800 acres of land.
425	425	SAVE AND EXCEPT:
426	426	TRACT 1
427	427	BEGINNING, at an iron rod found at the western angle point of
428	428	Lot 28 of Rocking "S" Estates, a subdivision recorded in Cabinet 3,
429	429	Page 107B of the P.R.B.C.TX., also being the southern line of said
430	430	723.330 acre Double Eagle Estates, Ltd. tract, for the POINT OF
431	431	COMMENCEMENT for the herein described tract,
432	432	THENCE, crossing said 723.330 acre Double Eagle Estates, Ltd.
433	433	tract, N3812'48"W, a distance of 928.50 feet to a point at the
434	434	southwest corner of a 17.00 acre tract of land conveyed to The
435	435	Margaret Bryant-Collins Maguire Separate-Property Living Trust in
436	436	Volume 1723, Page 499 of the D.R.B.C.TX., for the southwest corner
437	437	and POINT OF BEGINNING of the herein described 17.00 acre tract of
438	438	land,
439	439	THENCE, following a line over, upon and across said 723.330
440	440	acre Double Eagle Estates, Ltd. tract, and The Margaret
441	441	Bryant-Collins Maguire Separate-Property Living Trust tract, the
442	442	following twenty-two (22) courses and distances, numbered 1 through
443	443	22,
444	444	1. N1548'51"W, a distance of 224.58 feet to an iron rod
445	445	found,
446	446	2. N4833'46"W, a distance of 109.44 feet to an iron rod
447	447	found,
448	448	3. N5745'37"W, a distance of 135.80 feet to an iron rod
449	449	found,
450	450	4. N8727'33"W, a distance of 107.40 feet to an iron rod
451	451	found,
452	452	5. N4640'04"E, a distance of 299.60 feet to an iron rod
453	453	found,
454	454	6. N6558'30"E, a distance of 245.13 feet to an iron rod
455	455	found,
456	456	7. S7536'30"E, a distance of 29.89 feet to an iron rod
457	457	found,
458	458	8. S3712'43"E, a distance of 87.53 feet to an iron rod
459	459	found,
460	460	9. N4930'35"E, a distance of 53.61 feet to an iron rod
461	461	found,
462	462	10. N6426'50"E, a distance of 110.77 feet to an iron rod
463	463	found,
464	464	11. N6349'01"E, a distance of 63.84 feet to an iron rod
465	465	found,
466	466	12. N3443'32"E, a distance of 55.48 feet to an iron rod
467	467	found,
468	468	13. N6625'50"E, a distance of 53.95 feet to an iron rod
469	469	found,
470	470	14. N6948'35"E, a distance of 90.82 feet to an iron rod
471	471	found,
472	472	15. N7351'29"E, a distance of 68.32 feet to an iron rod
473	473	found,
474	474	16. N8937'22"E, a distance of 205.77 feet to an iron rod
475	475	found,
476	476	17. S1923'14"E, a distance of 137.45 feet to an iron rod
477	477	found,
478	478	18. S3019'51"W, a distance of 109.73 feet to an iron rod
479	479	found,
480	480	19. S0457'11"E, a distance of 153.93 feet to an iron rod
481	481	found,
482	482	20. S2539'51"E, a distance of 242.36 feet to an iron rod
483	483	found,
484	484	21. S2526'19"W, a distance of 367.29 feet to an iron rod
485	485	found and
486	486	22. N8201'48"W, a distance of 751.95 feet to the POINT OF
487	487	BEGINNING and containing 17.000 acres of land.
488	488	TRACT 2
489	489	BEGINNING, at an iron rod found at the western angle point of
490	490	Lot 28 of Rocking "S" Estates, a subdivision recorded in Cabinet 3,
491	491	Page 107B of the P.R.B.C.TX., also being the southern line of said
492	492	723.330 acre Double Eagle Estates, Ltd. tract, for the POINT OF
493	493	COMMENCEMENT for the herein described tract,
494	494	THENCE, crossing said 723.330 acre Double Eagle Estates, Ltd.
495	495	tract, N3812'48"W, a distance of 928.50 feet to a point at the
496	496	southwest corner of a 17.00 acre tract of land conveyed to The
497	497	Margaret Bryant-Collins Maguire Separate-Property Living Trust in
498	498	Volume 1723, Page 499 of the D.R.B.C.TX., for the southwest corner
499	499	and POINT OF BEGINNING of the herein described 4.487 acre tract of
500	500	land,
501	501	THENCE, with the northern boundary line of said 723.330 acre
502	502	Double Eagle Estates, Ltd. tract, and the southern boundary line of
503	503	said The Margaret Bryant-Collins Maguire Separate-Property Living
504	504	Trust tract, S8201'48"E, a distance of 751.95 feet to a point, for
505	505	the northeast corner of the herein described tract,
506	506	THENCE, crossing said 723.330 acre Double Eagle Estates, Ltd.
507	507	tract, the following four (4) courses and distances, numbered 1
508	508	through 4,
509	509	1. S3645'58"W, a distance of 474.11 feet to a point,
510	510	2. N6016'26"W, a distance of 286.24 feet to a point,
511	511	3. N4323'08"W, a distance of 292.58 feet to a point, and
512	512	4. N0500'54"W, a distance of 130.00 feet to a point the
513	513	POINT OF BEGINNING and containing 4.487 acres of land.
514	514	TRACT 3
515	515	BEGINNING, at an iron rod found at the most western ell of of
516	516	a 17.00 acre tract of land conveyed to The Margaret Bryant-Collins
517	517	Maguire Separate-Property Living Trust in Volume 1723, Page 499 of
518	518	the D.R.B.C.TX, also being the ell of said 723.330 acre Double Eagle
519	519	Estates, Ltd. tract, for the POINT OF COMMENCEMENT for the herein
520	520	described tract,
521	521	BEGINNING, with the southern boundary line of said 723.330
522	522	acre Double Eagle Estates, Ltd. tract, and the northern boundary
523	523	line of said The Margaret Bryant-Collins Maguire Separate-Property
524	524	Living Trust tract, N4640'04"E, a distance of 103.92 feet to a
525	525	point, for the southwest corner and POINT OF BEGINNING of the herein
526	526	described 0.456 acre (19,875 square feet) tract of land,
527	527	THENCE, crossing said 723.330 acre Double Eagle Estates, Ltd.
528	528	tract, the following seven (7) courses and distances, numbered 1
529	529	through 7,
530	530	1. N3514'02"W, a distance of 205.68 feet to a point,
531	531	2. S5251'43"W, a distance of 23.12 feet to a point,
532	532	3. N3708'17"W, a distance of 100.00 feet to a point,
533	533	4. N5251'43"E, a distance of 100.00 feet to a point,
534	534	5. S3708'17"E, a distance of 100.00 feet to a point,
535	535	6. S1946'00"E, a distance of 213.11 feet to a point, and
536	536	7. S4640'04"W, a distance of 20.20 feet to a point the POINT
537	537	OF BEGINNING and containing 0.456 acres of land.
538	538	SECTION 3. (a) The legal notice of the intention to
539	539	introduce this Act, setting forth the general substance of this
540	540	Act, has been published as provided by law, and the notice and a
541	541	copy of this Act have been furnished to all persons, agencies,
542	542	officials, or entities to which they are required to be furnished
543	543	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
544	544	Government Code.
545	545	(b) The governor, one of the required recipients, has
546	546	submitted the notice and Act to the Texas Commission on
547	547	Environmental Quality.
548	548	(c) The Texas Commission on Environmental Quality has filed
549	549	its recommendations relating to this Act with the governor, the
550	550	lieutenant governor, and the speaker of the house of
551	551	representatives within the required time.
552	552	(d) All requirements of the constitution and laws of this
553	553	state and the rules and procedures of the legislature with respect
554	554	to the notice, introduction, and passage of this Act are fulfilled
555	555	and accomplished.
556	556	SECTION 4. This Act takes effect immediately if it receives
557	557	a vote of two-thirds of all the members elected to each house, as
558	558	provided by Section 39, Article III, Texas Constitution. If this
559	559	Act does not receive the vote necessary for immediate effect, this
560	560	Act takes effect September 1, 2009.
561	561	______________________________ ______________________________
562	562	President of the Senate Speaker of the House
563	563	I certify that H.B. No. 4772 was passed by the House on May
564	564	12, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not
565	565	voting.
566	566	______________________________
567	567	Chief Clerk of the House
568	568	I certify that H.B. No. 4772 was passed by the Senate on May
569	569	27, 2009, by the following vote: Yeas 31, Nays 0.
570	570	______________________________
571	571	Secretary of the Senate
572	572	APPROVED: _____________________
573	573	Date
574	574	_____________________
575	575	Governor