H.B. No. 4772
AN ACT
relating to the creation of the Bastrop County Municipal Utility
District No. 2; 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 8335 to read as follows:
CHAPTER 8335. BASTROP COUNTY MUNICIPAL UTILITY DISTRICT NO. 2
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8335.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Bastrop County Municipal
Utility District No. 2.
Sec. 8335.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8335.003. 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. 8335.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 8335.003
until each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located has
consented by ordinance or resolution to the creation of the
district and to the inclusion of land in the district.
Sec. 8335.005. 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. 8335.006. 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 8335.007-8335.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8335.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8335.052, directors serve
staggered four-year terms.
Sec. 8335.052. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) William Strawn;
(2) Michael Lamendola;
(3) David Bowen;
(4) Sean Mills; and
(5) Ann Schneider.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8335.003; or
(2) the fourth anniversary of the effective date of
the Act creating this chapter.
(c) If permanent directors have not been elected under
Section 8335.003 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 8335.003; 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 Texas Commission on Environmental
Quality 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 8335.053-8335.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8335.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8335.102. 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. 8335.103. 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. 8335.104. 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. 8335.105. 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. 8335.106. CONTRACT WITH CERTAIN MUNICIPALITIES
REQUIRED. (a) In order to exercise the powers and duties of a
municipal utility district granted by this chapter, the district
shall enter into a written contract with any municipality within
whose extraterritorial jurisdiction the district is wholly or
partly located:
(1) regulating the continuation of the
extraterritorial status of the district and its annexation by the
municipality;
(2) regulating the development within the boundaries
of the district in a manner that the parties agree will further the
health, safety, and welfare of the residents of the district; and
(3) containing other terms and consideration that the
municipality determines to be reasonable and appropriate.
(b) A contract under this section may be renewed or extended
for successive periods not to exceed 15 years.
Sec. 8335.107. 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 8335.103; or
(2) a recreational facility as defined by Section
49.462, Water Code.
[Sections 8335.108-8335.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8335.151. 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 8335.153.
(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. 8335.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8335.151, 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. 8335.153. 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 8335.154-8335.200 reserved for expansion]
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8335.201. 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. 8335.202. 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. 8335.203. 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 Bastrop County Municipal Utility District
No. 2 initially includes all the territory contained in the
following area:
BEING A PART OF THAT CERTAIN TRACT OF LAND OUT OF AND A PART OF
THE J. A. NAVARRO SURVEY, ABSTRACT 53, SITUATED IN BASTROP COUNTY,
TEXAS, SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS
BEING PART OF THAT CERTAIN 723.330 ACRE TRACT OF LAND CONVEYED TO
DOUBLE EAGLE ESTATES, LTD., IN VOLUME 1727, PAGE 637 OF THE DEED
RECORDS OF BASTROP COUNTY, TEXAS, AND ALL OF THAT CERTAIN 0.581 ACRE
(25,317 SQUARE FEET) TRACT OF LAND CONVEYED TO DOUBLE EAGLE
ESTATES, LTD. IN DOCUMENT NUMBER 200809818 OF THE OFFICIAL PUBLIC
RECORDS OF BASTROP COUNTY, TEXAS, SAVE AND EXCEPT 17.00 ACRES
(TRACT 1), 4.487 ACRES (TRACT 2), AND 0.456 ACRE (19,875 SQUARE
FEET) (TRACT 3), SAID TRACT BEING TOTAL 700.800 ACRES OF LAND MORE
FULLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING, at a point in the curving north boundary line of
Old State Highway No. 71, a 100-foot wide public right-of-way, said
point also being the southeast corner of River Crossing, Section 1,
a subdivision recorded in Cabinet 3, Pages 14B-16A of the Plat
Records of Bastrop County, Texas, (P.R.B.C.TX.), for the southwest
corner and POINT OF BEGINNING of the herein described total 700.800
acre save and except tract of tract,
THENCE, with the west boundary line of said 723.330 acre
tract and the eastern boundary line of said River Crossing, Section
1 plat, the following six (6) courses and distances, numbered 1
through 6,
1. N2839'54"E, a distance of 3827.98 feet to an iron rod
found,
2. N2840'43"E, a distance of 192.11 feet to a point in the
approximate centerline of Moss Branch Creek,
3. N6657'55"E, a distance of 191.40 feet to a point in the
approximate centerline of Moss Branch Creek,
4. N1140'52"E, a distance of 94.19 feet to a point in the
approximate centerline of Moss Branch Creek,
5. N0912'23"W, a distance of 164.23 feet to a point in the
approximate centerline of Moss Branch Creek, and
6. N1020'14"E, a distance of 447.74 feet to a point in the
approximate centerline of Moss Branch Creek, also being the
northeast corner of Lot 27 of said River Crossing, Section 1 plat,
for an interior angle point of the herein described tract of land,
THENCE, leaving the approximate centerline of said Moss
Branch Creek, and continuing with the eastern and northern boundary
line said River Crossing, Section 1 plat, and the western boundary
line of said 723.330 acre Double Eagle Estates, Ltd. tract, the
following eight (8) courses and distances, numbered 1 through 8,
1. N6735'53"W, a distance of 225.44 feet to an iron rod
found,
2. N7602'24"w, a distance of 326.78 feet to an iron rod
found at the common back lot corner of Lots 28, 29 and 40 of said
River Crossing, Section 1 plat, for an exterior angle point of the
herein described tract,
3. N1912'01"E, a distance of 1088.43 feet to an interior
angle point of the herein described tract,
4. N7905'33"W, a distance of 250.28 feet to an iron rod
found at an angle point of Lot 53 of said River Crossing, Section 1
plat, for an exterior angle point of the herein described tract,
5. N0636'57"E, a distance of 760.90 feet to an iron rod
found at the northeast corner of Lot 54 of sais River Crossing,
Section 1 plat, for an interior angle point of the herein described
tract,
6. N8016'29"W, a distance of 432.86 feet to an iron rod
found,
7. N8345'20"W, a distance of 309.09 feet to an iron rod
found and
8. N8900'04"W, a distance of 862.05 feet to an iron rod
found at the northwest of Lot 61 and Reserve "C" ( a 1.62 acre nature
trail) of said River Crossing, Section 1 plat, also being an
exterior angle point of said 723.330 acre tract for an exterior
angle point of the herein described tract,
THENCE, with the eastern boundary of said Reserve "C" and the
eastern boundary line of River Crossing, Section 2, a subdivision
recorded in Cabinet 3, Page 109A of the P.R.B.C.TX., Reserve "F" (a
4.63 acre nature trail), the following six (6) courses and
distances, numbered 1 through 6,
1. N0247'32"E, a distance of 1431.43 feet to an iron rod
found for an exterior angle point of the herein described tract,
2. N6422'53"E, a distance of 354.51 feet to an angle point,
3. N8818'14"E, a distance of 52.94 feet to an angle point,
4. N4110'20"E, a distance of 372.24 feet to an angle point,
5. N3216'32"E, a distance of 510.39 feet to an angle point
and
6. N2817'23"E, a distance of 2080.49 feet to a point of the
low bank of the Colorado River, from which an iron rod found bears
S2817'23W, a distance of 35.54 feet, for the northwest corner of
said 723.330 acre Double Eagle Estates, Ltd., the northeast corner
of said River Crossing, Section 2 plat, for the northwest corner of
the herein described tract,
THENCE, with the approximate meanders of the low bank of said
Colorado River, the following thirteen (13) courses and distances,
numbered 1 through 13,
1. S6639'19"E, a distance of 412.18 feet to a point,
2. S7256'50"E, a distance of 838.46 feet to a point,
3. S5437'21"E, a distance of 583.24 feet to a point,
4. S2954'40"E, a distance of 125.90 feet to a point,
5. S4633'38"E, a distance of 461.02 feet to a point,
6. S8839'08"E, a distance of 210.28 feet to a point,
7. S7531'18"E, a distance of 625.10 feet to a point,
8. N8329'50"E, a distance of 539.30 feet to a point,
9. N7007'56"E, a distance of 145.47 feet to a point,
10. N4930'20"E, a distance of 509.50 feet to a point,
11. N6822'51"E, a distance of 494.42 feet to a point,
12. S8542'31"E, a distance of 325.11 feet to a point and
13. S6927'18"E, a distance of 94.82 feet to a 6" tree on the
low bank of said Colorado River at the northeast corner of said
723.330 acre Double Eagle Estates, Ltd., also being the northwest
corner of 89.704 acre tract of land conveyed to Julie Salem in
Volume 709, Page 379 of the Deed Records of Bastrop County, Texas
(D.R.B.C.TX.), for the northeast corner of the herein described
tract,
THENCE, leaving said low bank of the Colorado River and with
the western boundary of said Salem tract and the eastern boundary of
said 723.330 acre Double Eagle Estates, Ltd. tract, S2825'57"W, a
distance of 2695.41 feet to an iron rod found at the western angle
point of Lot 28 of Rocking "S" Estates, a subdivision recorded in
Cabinet 3, Page 107B of the P.R.B.C.TX., for an angle point of said
723.330 acre Double Eagle Estates, Ltd. tract and an angle point of
the herein described tract,
THENCE, continuing with the eastern boundary line of said
723.330 acre Double Eagle Estates, Ltd. tract and the western
boundary line of said Rocking "S" Estates plat, S2711'03"W, a
distance of 2170.98 feet to an iron rod found at the southwest
corner of said Rocking "S" Estates plat, also being the northwest
corner of a 124.158 acre tract of land conveyed to Beverly Kay
Thomas Reid in Volume 991, Page 408 of the D.R.B.C.TX., also being
an angle point of the eastern boundary line of said 723.330 acre
Double Eagle Estates, Ltd. tract, for an angle point of the herein
described tract,
THENCE, with the western boundary line of said Reid tract,
the eastern boundary line of said 723.330 acre Double Eagle
Estates, Ltd. tract, the following four (4) courses and distances,
numbered 1 through 4,
1. S 2504'50"W, a distance of 276.42 feet to a point,
2. S3401'31"W, a distance of 112.38 feet to a point,
3. S4837'07"W, a distance of 115.38 feet to a 14" Elm tree
for an angle point and
4. S2842'02"W, a distance of 1803.15 feet to a concrete
monument found at the southwest corner of said Reid tract, an angle
point of said 723.330 acre Double Eagle Estates, Ltd. tract, also
being the northwest corner of 28.7 acre tract of land conveyed to
M.L. Stanfield in Volume 173, Page 321 of the D.R.B.C.TX. for an
angle point of the herein described tract,
THENCE, with the western boundary line of said Stanfield
tract and the eastern boundary line of said 723.330 acre Double
Eagle Estates, Ltd. tract, S3051'20"W, a distance of 1311.89 feet
to a point in the approximate centerline of said Moss Branch Creek
for the southwest corner of said Stanfield tract, also being the
northwest corner of a 126.20 acre (Tract Two) tract of land conveyed
to The Forest at Colorado Crossing, Ltd. in Volume 1050, Page 0, of
the D.R.B.C.TX., also being an angle point of said 723.330 acre
Double Eagle Estates, Ltd. tract for an angle point of the herein
described tract,
THENCE, with the eastern boundary of said 723.330 acre Double
Eagle Estates, Ltd. tract, the western boundary of said 126.20 acre
The Forest at Colorado Crossing, Ltd. tract, S2116'41"W, a distance
of 497.62 feet to a point in the approximate centerline of Fowler
Branch Creek, also being the northwest corner of The Forest at
Colorado Crossing, Section One, a subdivision recorded in Cabinet
4, page 18A of the P.R.B.C.TX., for an angle point on the of the
herein described tract,
THENCE, following a line over, upon and across said The
Forest at Colorado Crossing, Section One plat, said 723.330 acre
Double Eagle Estates, Ltd. tract, and Moss Branch Cemetery, the
following six (6) courses and distances, numbered 1 through 6,
1. S2425'29"W, a distance of 303.37 feet to an iron rod
found at the northeast corner of the Moss Branch Cemetery,
2. N7228'33"W, a distance of 124.97 feet to an iron rod
found at the northwest corner of the Moss Branch Cemetery,
3. S1837'26"W, a distance of 193.57 feet to an iron rod
found at the southwest corner of said Moss Branch Cemetery,
4. S6148'04"E, a distance of 93.34 feet to an iron rod found
at the southeast corner of said Moss Branch Cemetery
5. S3432'36"W, a distance of 559.80 feet to an iron rod
found, and
6. S3018'22"W, a distance of 466.77 feet to a point, also
being the southwest corner of Lot 12 of said The Forest at Colorado
Crossing, Section One plat, also being the northwest corner of a
18.00 acre tract of land conveyed to Ruth Ann Hobbs in Volume 719,
Page 794 of the D.R.B.C.TX., also being an exterior angle point of
said 723.330 acre Double Eagle Estates, Ltd. tract, for an exterior
angle point of the herein described tract,
THENCE, with the eastern boundary line of said 723.330 acre
Double Eagle Estates, Ltd. tract, and the western boundary line of
said Hobbs tract, the following five (5) courses and distances,
numbered 1 through 5,
1. S8402'31"W, a distance of 56.57 feet to an angle point,
2. S2356'13"W, a distance of 201.24 feet to an angle point,
3. S5011'49"W, a distance of 171.49 feet to an angle point,
4. S1935'41"W, a distance of 523.42 feet to an angle point,
and
5. S1908'17"W, a distance of 308.22 feet to an angle point
the northeast corner of certain tract of land conveyed to St. Paul
Cemetery recorded in Volume 146, Page 332 of the D.R.B.C.TX., for
the southeast corner of the herein described tract,
THENCE, with the southern and eastern boundary lines of said
723.330 acre Double Eagle Estates, Ltd. tract, and the northern and
western boundary lines of said St. Paul Cemetery tract, the
following two (2) courses and distances, numbered 1 and 2,
1. N8736'13"W, a distance of 206.91 feet to an iron rod
found, and
2. S0340'57"W, a distance of 135.49 feet to an iron rod
found in the northern line of a 11.68 acre tract of land conveyed to
Arthur F. Corwin in Volume 166, Page 191 of the D.R.B.C.TX., for the
southeast corner of the herein described tract,
THENCE, with the southern boundary line of said 723.330 acre
Double Eagle Estates, Ltd. tract, and the northern boundary lines
of said Corwin tract, a 3.374 acre tract of land conveyed to Hershal
G. French in Volume 1285, page 898, a 1.45 acre tract of land
conveyed to Robert J. Muggley in Volume 295, Page 302, a 1.133 acre
tract of land conveyed to James and Julie Reese in Volume 1661, Page
574, a 0.886 acre tract of land conveyed to James F. and Alice Hart
in Volume 1689, Page 389and a 0.64 acre tract of land conveyed to
Clyde and Carolyn Poldrack in Volume 852, Page 182 all of the
D.R.B.C.TX., N6243'19"W, a distance of 895.13 feet to an iron rod
found at the northwest corner of said Poldrack tract, also being the
northeast corner of said Kitten tract for an interior angle point of
the herein described tract,
THENCE, with the eastern and southern boundary lines of said
Kitten tract, and the southern boundary line of said 723.330 acre
Double Eagle Estates, Ltd. tract, and said curving north boundary
line of Old State Highway No. 71, the following four (4) courses and
distances, numbered 1 through 4,
1. S3906'44"W, a distance of 153.80 feet to a point for the
southeast corner of said Kitten tract,
2. N3218'00"W, a distance of 108.42 feet to a point of
curvature to the left,
3. with said curve to the left having a radius of 1195.98
feet, an arc length of 63.81 feet, and whose chord bears N3500'25"W
a distance of 63.80 feet to a point of curvature to the left,
4. with said curve to the left having a radius of 1195.98
feet, an arc length of 312.25 feet and whose chord bears N4400'54"W
a distance of 311.36 feet to the POINT OF BEGINNING, and containing
700.800 acres of land.
SAVE AND EXCEPT:
TRACT 1
BEGINNING, at an iron rod found at the western angle point of
Lot 28 of Rocking "S" Estates, a subdivision recorded in Cabinet 3,
Page 107B of the P.R.B.C.TX., also being the southern line of said
723.330 acre Double Eagle Estates, Ltd. tract, for the POINT OF
COMMENCEMENT for the herein described tract,
THENCE, crossing said 723.330 acre Double Eagle Estates, Ltd.
tract, N3812'48"W, a distance of 928.50 feet to a point at the
southwest corner of a 17.00 acre tract of land conveyed to The
Margaret Bryant-Collins Maguire Separate-Property Living Trust in
Volume 1723, Page 499 of the D.R.B.C.TX., for the southwest corner
and POINT OF BEGINNING of the herein described 17.00 acre tract of
land,
THENCE, following a line over, upon and across said 723.330
acre Double Eagle Estates, Ltd. tract, and The Margaret
Bryant-Collins Maguire Separate-Property Living Trust tract, the
following twenty-two (22) courses and distances, numbered 1 through
22,
1. N1548'51"W, a distance of 224.58 feet to an iron rod
found,
2. N4833'46"W, a distance of 109.44 feet to an iron rod
found,
3. N5745'37"W, a distance of 135.80 feet to an iron rod
found,
4. N8727'33"W, a distance of 107.40 feet to an iron rod
found,
5. N4640'04"E, a distance of 299.60 feet to an iron rod
found,
6. N6558'30"E, a distance of 245.13 feet to an iron rod
found,
7. S7536'30"E, a distance of 29.89 feet to an iron rod
found,
8. S3712'43"E, a distance of 87.53 feet to an iron rod
found,
9. N4930'35"E, a distance of 53.61 feet to an iron rod
found,
10. N6426'50"E, a distance of 110.77 feet to an iron rod
found,
11. N6349'01"E, a distance of 63.84 feet to an iron rod
found,
12. N3443'32"E, a distance of 55.48 feet to an iron rod
found,
13. N6625'50"E, a distance of 53.95 feet to an iron rod
found,
14. N6948'35"E, a distance of 90.82 feet to an iron rod
found,
15. N7351'29"E, a distance of 68.32 feet to an iron rod
found,
16. N8937'22"E, a distance of 205.77 feet to an iron rod
found,
17. S1923'14"E, a distance of 137.45 feet to an iron rod
found,
18. S3019'51"W, a distance of 109.73 feet to an iron rod
found,
19. S0457'11"E, a distance of 153.93 feet to an iron rod
found,
20. S2539'51"E, a distance of 242.36 feet to an iron rod
found,
21. S2526'19"W, a distance of 367.29 feet to an iron rod
found and
22. N8201'48"W, a distance of 751.95 feet to the POINT OF
BEGINNING and containing 17.000 acres of land.
TRACT 2
BEGINNING, at an iron rod found at the western angle point of
Lot 28 of Rocking "S" Estates, a subdivision recorded in Cabinet 3,
Page 107B of the P.R.B.C.TX., also being the southern line of said
723.330 acre Double Eagle Estates, Ltd. tract, for the POINT OF
COMMENCEMENT for the herein described tract,
THENCE, crossing said 723.330 acre Double Eagle Estates, Ltd.
tract, N3812'48"W, a distance of 928.50 feet to a point at the
southwest corner of a 17.00 acre tract of land conveyed to The
Margaret Bryant-Collins Maguire Separate-Property Living Trust in
Volume 1723, Page 499 of the D.R.B.C.TX., for the southwest corner
and POINT OF BEGINNING of the herein described 4.487 acre tract of
land,
THENCE, with the northern boundary line of said 723.330 acre
Double Eagle Estates, Ltd. tract, and the southern boundary line of
said The Margaret Bryant-Collins Maguire Separate-Property Living
Trust tract, S8201'48"E, a distance of 751.95 feet to a point, for
the northeast corner of the herein described tract,
THENCE, crossing said 723.330 acre Double Eagle Estates, Ltd.
tract, the following four (4) courses and distances, numbered 1
through 4,
1. S3645'58"W, a distance of 474.11 feet to a point,
2. N6016'26"W, a distance of 286.24 feet to a point,
3. N4323'08"W, a distance of 292.58 feet to a point, and
4. N0500'54"W, a distance of 130.00 feet to a point the
POINT OF BEGINNING and containing 4.487 acres of land.
TRACT 3
BEGINNING, at an iron rod found at the most western ell of of
a 17.00 acre tract of land conveyed to The Margaret Bryant-Collins
Maguire Separate-Property Living Trust in Volume 1723, Page 499 of
the D.R.B.C.TX, also being the ell of said 723.330 acre Double Eagle
Estates, Ltd. tract, for the POINT OF COMMENCEMENT for the herein
described tract,
BEGINNING, with the southern boundary line of said 723.330
acre Double Eagle Estates, Ltd. tract, and the northern boundary
line of said The Margaret Bryant-Collins Maguire Separate-Property
Living Trust tract, N4640'04"E, a distance of 103.92 feet to a
point, for the southwest corner and POINT OF BEGINNING of the herein
described 0.456 acre (19,875 square feet) tract of land,
THENCE, crossing said 723.330 acre Double Eagle Estates, Ltd.
tract, the following seven (7) courses and distances, numbered 1
through 7,
1. N3514'02"W, a distance of 205.68 feet to a point,
2. S5251'43"W, a distance of 23.12 feet to a point,
3. N3708'17"W, a distance of 100.00 feet to a point,
4. N5251'43"E, a distance of 100.00 feet to a point,
5. S3708'17"E, a distance of 100.00 feet to a point,
6. S1946'00"E, a distance of 213.11 feet to a point, and
7. S4640'04"W, a distance of 20.20 feet to a point the POINT
OF BEGINNING and containing 0.456 acres of land.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4772 was passed by the House on May
12, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4772 was passed by the Senate on May
27, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor