By: Nichols S.B. No. 1979
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Blaketree Municipal Utility
District No. 1 of Montgomery County; 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 8316 to read as follows:
CHAPTER 8316. BLAKETREE MUNICIPAL UTILITY DISTRICT NO. 1 OF
MONTGOMERY COUNTY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8316.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Blaketree Municipal Utility
District No. 1 of Montgomery County.
Sec. 8316.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8316.003. 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. 8316.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 8316.003
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. 8316.005. 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, maintenance,
or operation of macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 8316.006. 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 8316.007-8316.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8316.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8316.052, directors serve
staggered four-year terms.
Sec. 8316.052. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Robb Clark;
(2) Lorie Varnas;
(3) Rand Arbuckle;
(4) Alfredo Saenz; and
(5) Tammy Pizzitola.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8316.003; 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 8316.003 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 8316.003; 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 8316.053-8316.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8316.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8316.102. 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. 8316.103. 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. 8316.104. 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. 8316.105. 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. 8316.106. 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 8316.103; or
(2) a recreational facility as defined by Section
49.462, Water Code.
Sec. 8316.107. DIVISION OF DISTRICT. (a) The district may
be divided into two or more new districts only if the district:
(1) has no outstanding bonded debt; and
(2) is not imposing ad valorem taxes.
(b) This chapter applies to any new district created by the
division of the district, and a new district has all the powers and
duties of the district.
(c) Any new district created by the division of the district
may not, at the time the new district is created, contain any land
outside the area described by Section 2 of the Act creating this
chapter.
(d) The board, on its own motion or on receipt of a petition
signed by the owner or owners of a majority of the assessed value of
the real property in the district, may adopt an order dividing the
district.
(e) The board may adopt an order dividing the district
before or after the date the board holds an election under Section
8316.003 to confirm the district's creation.
(f) An order dividing the district shall:
(1) name each new district;
(2) include the metes and bounds description of the
territory of each new district;
(3) appoint temporary directors for each new district;
and
(4) provide for the division of assets and liabilities
between or among the new districts.
(g) On or before the 30th day after the date of adoption of
an order dividing the district, the district shall file the order
with the Texas Commission on Environmental Quality and record the
order in the real property records of each county in which the
district is located.
(h) Any new district created by the division of the district
shall hold a confirmation and directors' election as required by
Section 8316.003.
(i) Municipal consent to the creation of the district and to
the inclusion of land in the district granted under Section
8316.004 acts as municipal consent to the creation of any new
district created by the division of the district and to the
inclusion of land in the new district.
(j) Any new district created by the division of the district
must hold an election as required by this chapter to obtain voter
approval before the district may impose a maintenance tax or issue
bonds payable wholly or partly from ad valorem taxes.
[Sections 8316.108-8316.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8316.151. 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 8316.153.
(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. 8316.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8316.151, 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. 8316.153. 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 8316.154-8316.200 reserved for expansion]
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8316.201. 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. 8316.202. 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. 8316.203. 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 Blaketree Municipal Utility District No. 1
of Montgomery County initially includes all the territory contained
in the following area:
TRACT 1
Being 469.383 acres of land, situated in the Noah Griffith Survey,
Abstract Number 16, in Montgomery County, Texas and being that same
tract called 469.57 acres as described in Deed from Positivus, LP to
469 Blaketree, L.P., dated December 1, 2006 and recorded under
Montgomery County Clerk's File Number 2007-007236 of the Official
Public Records of Real Property, Montgomery County, Texas; said
469.383 acres being more particularly described by metes and bounds
as follows with all bearings referenced to the Texas State Plane
Coordinate System, Central Zone (NAD 83):
BEGINNING at a 3/4 inch iron pipe, found for the Southwest corner of
the herein described tract and Southwest corner of the 469.57 acre
tract, in the South line of the Noah Griffith Survey, Abstract
Number 16 and the North line of the Thomas Bradbury Survey, Abstract
Number 91, being the Southwest corner of that certain 513 acres as
described in Deed from Joe Robinowitz to Robert W. Henderson,
recorded in Volume 171, Page 597 of the Montgomery County Deed
Records, at the Southeast corner a called 168 acre tract described
as Tract 8, Blake Ranch L.P., recorded under Montgomery County
Clerk's File Number 9366055, and being in the North line of Tract 5
and 6 of said Blake Ranch, L.P.; said point having a coordinate
value of X = 3,732,239.49 and Y = 10,104,887.10;
THENCE North 03 degrees 35 minutes 31 seconds West, a distance of
4466.55 feet, along the West line of the 513 acre tract and East
line of Tract 8, and the East line of a called 322.712 acre tract as
described in Deed to Blaketree Corporation, recorded under
Montgomery County Clerk's File Number 2000-032636, and the East
line of a called 260.3 acre tract described as Tract 1, of the
aforesaid Blake Ranch, L.P., common to the West line of the 469.57
acre tract (Deed call: North 03 degrees 32 minutes 24 seconds
West), to a 5/8 inch iron rod with a survey cap marked "Glezman,
RPLS 4627", set for the most Westerly Northwest corner of the herein
described tract, at the Southwest corner of a 3.53 acre tract, being
the residual area of a 474.006 acre tract of land described in Deed
to Endeavor Interests, L.L.C., recorded under Montgomery County
Clerk's File Number 2003-060417;
THENCE North 87 degrees 16 minutes 03 seconds East, passing at
118.40 feet, a 1/2 inch iron rod with a survey cap, found for the
Southeast corner of the residual 3.53 acre tract and being the
Southwest corner of the 138.72 acre tract as described in Deed to
St. Paul's United Methodist Church, recorded under Montgomery
County Clerk's File Number 2000-099886, continuing along the most
Westerly North line of the 469.57 acre tract, a total distance of
4096.27 feet (Deed call: North 87 degrees 16 minutes 17 seconds
East, 4093.72 feet, to a 1/2 inch iron rod, found at fence corner
post for an interior corner of the herein described tract, at the
Southeast corner of the 138.72 acre tract;
THENCE North 02 degrees 40 minutes 08 seconds West along the East
line of the 138.72 acre tract and the most Easterly West line of the
469.57 acre tract, a distance of 1590.96 feet (Deed call: North 02
degrees 40 minutes 08 seconds West, 1591.08 feet) to a 5/8 inch iron
rod with a survey cap, set for the most Northerly Northwest corner
of the herein described tract and Northwest corner of the 469.57
acre tract, in the South line of a called 100 acre tract as
described in Deed from "Minnock, et al to Rankin", recorded in
Volume 548, Page 625 of the Deed Records, and being the South line
of a 79.25 acre tract as described in Deed recorded in Volume 687,
Page 305 of the Deed Records and called 75.474 acres by resurvey,
recorded in Deed under Clerk's File Number 9304319 and further
called the South line of Henderson-Blake Road, now known as Moon
Camp Road, a called 40 foot wide prescriptive county right-of-way;
THENCE South 69 degrees 50 minutes 40 seconds East, a distance of
4.92 feet along the South line of Moon Camp Road, to a 5/8 inch iron
rod with survey cap, set for an angle point;
THENCE South 84 degrees 21 minutes 18 seconds East, a distance of
56.74 feet along the South line of the Rankin 100 acre tract and
79.25 acre tract, common to the South line of Moon Camp Road and
South line of the Joseph Duffy 6.828 acre tract as described in Deed
recorded under Clerk's File Number 2004-048105, and North line of
the 469.57 acre tract (Deed call: South 86 degrees 22 minutes 35
seconds East, 56.59 feet to the most Westerly corner of Excepted
Tract 1, a 0.23 acre tract out of the 469.57 acre tract;
THENCE with the following bearings and distances along the South
line of the 0.23 acre tract, severing the 469.57 acres:
South 76 degrees 21 minutes 31 seconds East, a distance of
36.53 feet to a point for angle (Deed call: North 73 degrees
20 minutes 21 seconds West, 37.04 feet);
South 80 degrees 18 minutes 44 seconds East, a distance of
198.79 feet to a point for angle;
South 89 degrees 14 minutes 34 seconds East, a distance of
215.50 feet to a point for angle (Deed call: North 89 degrees
46 minutes 34 seconds West);
North 86 degrees 14 minutes 36 seconds East, a distance of
129.06 feet to a 5/8 inch iron rod with survey cap, set for an
angle point in the South line of Moon Camp Road and the North
line of the 469.57 acre tract;
THENCE North 76 degrees 08 minutes 18 seconds East, a distance of
6.64 feet along the North line of the 469.57 acre tract and South
line of Moon Camp Road (Deed call: North 80 degrees 26 minutes 32
seconds East, 8.2 feet) to a point for angle;
THENCE North 80 degrees 26 minutes 34 seconds East, a distance of
8.20 feet to a point for the West corner of Excepted Tract 2, a 104.0
square foot tract out of the 469.75 acre tract;
THENCE with the following bearings and distance along the South
line of the 104.0 square foot tract, severing the 469.57 acres:
North 86 degrees 14 minutes 50 seconds East, a distance of
20.60 feet to a point for angle;
North 78 degrees 56 minutes 16 seconds East, a distance of
79.34 feet to a point for angle in the North line of the
469.57 acre tract and South line of the 100 acre tract, in the
South line of Moon Camp Road;
THENCE North 80 degrees 26 minutes 34 seconds East, a distance of
604.86 feet along the North line of the 469.57 acre tract, the South
line of the 100 acre tract and called for South line of Moon Camp
Road, to a 5/8 inch iron rod with survey cap, set for the Northeast
corner of the herein described tract in the West line of F. M. 1486,
an 80 foot right-of-way as shown on Texas Department of Highways and
Public Transportation (TxDOT) right-of-way drawing No. R-1416-3-1,
dated February 11, 1960;
THENCE with the following courses and distances along the West line
of F. M. 1486:
South 03 degrees 45 minutes 17 seconds East, a distance of
1051.73 feet to a 5/8 inch iron rod, set for the beginning of
a curve to the right, having as its elements: a central angle
of 36 degrees 28 minutes 00 seconds, a radius of 1392.48 feet,
an arc length of 886.26 feet and a chord bearing South 14
degrees 28 minutes 43 seconds West, a distance of 871.38 feet
to a 5/8 inch iron rod with survey cap, set for the end of said
curve;
South 32 degrees 42 minutes 43 seconds West, a distance of
1622.60 feet to a 5/8 inch iron rod, set for a corner;
North 57 degrees 17 minutes 17 seconds West, a distance of
10.00 feet to a 5/8 inch iron with survey cap, set for a
corner;
South 32 degrees 42 minutes 43 seconds West, a distance of
539.35 feet to a transition to a 100 foot wide right-of-way
and the beginning of a curve to the left, having as its
elements: a central angle of 35 degrees 10 minutes 54
seconds, a radius of 1482.48 feet, an arc length of 910.29
feet and a chord bearing South 15 degrees 07 minutes 16
seconds West, a distance of 896.06 feet to the end of said
curve and continuing South 02 degrees 28 minutes 11 seconds
East, a distance of 1570.30 feet to a 3/4 inch iron pipe,
found for the Southeast corner of the herein described tract
and Southeast corner of the 469.57 acre tract, at the
Northeast corner of the aforementioned Tract 5 and 6, Blake
Ranch L.P., and being located in the South line of the Noah
Griffith Survey and North line of the Thomas Bradbury Survey;
THENCE South 87 degrees 09 minutes 59 seconds West, a distance of
3596.50 feet along the South line of the 469.57 acre tract (Deed
call: South 87 degrees 10 minutes 05 seconds West, 3598.05 feet)
and the common line of the Noah Griffith Survey and Thomas Bradbury
Survey, and North line of Tract 5 and 6, back to the Point of
Beginning and containing 469.383 acres of land, based on the survey
and plat prepared by Glezman Surveying, Inc., dated March 29, 2007.
TRACT 2
Being 934.501 acres of land, having 251.939 acres situated in the
Noah Griffith Survey, Abstract Number 16; 543.689 acres situated in
the Thomas C. Bradbury Survey, Abstract Number 91; 48.109 acres
situated in the Charles Weaver Survey, Abstract Number 624; 45.348
acres situated in the Ambrose Tinny Survey, Abstract Number 551;
45.417 acres situated in the William Miller Survey, Abstract Number
384; Montgomery County, Texas, and being all 322.712 acres of land
conveyed to Blaketree Corporation as recorded under Clerk's File
Number 2000-032636 of the Real Property Records of Montgomery
County, Texas; part of that certain tract of land conveyed to Blake
Ranch, L.P. as recorded under Clerk's File Numbers 9366055 and
9715936 of the Real Property Records, also part of a certain tract
of land conveyed to Thomas W. Blake, doing business as Lone Star
Development Company of Houston, Texas, by Deed recorded under
Clerk's File Number 8509099 of the Real Property Records; said
934.501 acres being more particularly described by metes and bounds
as follows with all bearings being referenced to the South line of
said Thomas C. Bradbury Survey and the North line of the Joseph G.
Ferguson Survey, Abstract Number 227, as monumented on the ground:
BEGINNING at a 3/4 inch iron pipe in concrete, found in the Easterly
North line of the aforementioned Thomas C. Bradbury Survey and the
South line of the aforementioned Noah Griffith Survey, being in the
North line of a tract of land conveyed to Blake Ranch, L.P. set out
in Deed recorded in Volume 236, Page 199 of the Deed Records of
Montgomery County, Texas, being the Southeast corner of the
aforementioned tract recorded under Clerk's File Number 9366055 of
the Real Property Records and the Southwest corner of a 469.57 acre
tract of land conveyed to Blaketree Estates, L.P. as recorded under
Clerk's File Number 2004-129245 of the Real Property Records; said
iron pipe being an interior corner for the herein described tract;
THENCE North 87 degrees 09 minutes 59 seconds East, a distance of
3596.50 feet, (Deed Call: North 87 degrees 10 minutes 05 seconds
East, 3598.05 feet) along the South line of the Noah Griffith Survey
and the North line of the Thomas C. Bradbury Survey, the same being
the South line of the aforementioned 496.57 acre tract and the
Easterly North line of the aforementioned tract of land recorded in
Volume 236, Page 199 of the Deed Records, to a 3/4 inch iron pipe in
concrete, found in the West line of F.M. 1486, a 100 foot
right-of-way transitioning to a 110 foot right-of-way as set out in
TxDOT right-of-way drawing R-1416-3-1, dated 02-11-60, for the
Southeast corner of the 469.57 acre tract of land and the Easterly
Northeast corner of the herein described tract;
THENCE South 02 degrees 28 minutes 22 seconds East, a distance of
1202.60 feet, (Deed Call: South 02 degrees 46 minutes 06 seconds
East, 1201.70 feet), along the West line of F.M. 1486 and the most
Easterly line of the aforementioned tract of land recorded in
Volume 236, page 199 of the Deed Records, the same being the most
Easterly line of the herein described tract to a concrete monument,
found in the West line of F.M. 1486 and the North line of the
aforementioned Joseph G. Ferguson Survey, for the Northeast corner
of a 1936.077 acre tract of land conveyed to Affiliated Crown
Developments, LTD as recorded under Clerk's File Number 2005-036975
of the Real Property Records and the Southeast corner of the herein
described tract;
THENCE South 86 degrees 10 minutes 18 seconds West, a distance of
9543.22 feet, (Deed Call: 9602.96 feet), along the South line of
the Thomas C. Bradbury Survey and the North line of the Joseph G.
Ferguson Survey the same being the North line of the aforementioned
1936.077 acre tract of land and the South line of the aforementioned
tract of land recorded in Volume 236, Page 199 of the Deed Records
and the South line of the herein described tract to a concrete
monument, found in the East line of the aforementioned Charles
Weaver Survey for the Northwest corner of the Joseph G. Ferguson
Survey and the Southwest corner of the Thomas C. Bradbury Survey;
said monument also being an interior corner of the aforementioned
1936.077 acre tract and the Southwest corner of the herein
described tract;
THENCE North 02 degrees 42 minutes 50 seconds West, a distance of
1349.07 feet, (Deed Call: North 02 degrees 42 minutes 38 seconds
West, 1349.10 feet), along the West line of the Thomas C. Bradbury
Survey and the East line of the Charles Weaver Survey; the same
being the Southerly West line of the herein described tract and the
Northerly East line of the 1936.077 acre tract to a concrete
monument, found in the West line of the Thomas C. Bradbury Survey
and the East line of the Charles Weaver Survey, for the Southwest
corner of a 226 acre tract of land conveyed to Thomas W. Blake as
recorded in Volume 423, Page 303 of the Deed Records, the Southeast
corner of a 60 acre tract conveyed to Lone Star Development Company
as recorded in Volume 221, Page 536 of the Deed Records and an
interior corner for the herein described tract;
THENCE South 87 degrees 03 minutes 31 seconds West, a distance of
653.33 feet, (Deed Call: South 87 degrees 02 minutes 39 seconds
West, 653.37 feet), along the South line of the aforementioned 60
acre tract of land and a Northerly line of the 1936.077 acre tract
to a concrete monument, found in the West line of the Charles Weaver
Survey for the Southwest corner of the William Montgomery Survey,
Abstract Number 43, Grimes County, Texas; said monument also being
an interior corner for the 1936.077 acre tract, located in the
common line between Montgomery County and Grimes County for the
most Westerly Southwest corner of the herein described tract;
THENCE North 02 degrees 37 minutes 08 seconds West, a distance of
3209.00 feet, (Deed Call: North 02 degrees 25 minutes 35 seconds
West, 3196.48 feet), along the West line of the Charles Weaver
Survey and the East line of the aforementioned Montgomery Survey,
the same being the West line of the aforementioned 60 acre tract,
the East line of the 1936.077 acre tract and the West line of the
herein described tract to an 8 inch round fence post, found in the
common line between Montgomery County and Grimes County for the
Northwest corner of the Charles Weaver Survey and the Southwest
corner of the aforementioned Ambrose Tinny Survey, for the most
Westerly Northwest corner of the herein described tract;
THENCE North 60 degrees 07 minutes 35 seconds East, severing a tract
of land conveyed to Lone Star Development Company as recorded in
Volume 202, Page 470 of the Deed Records along the Northwest line of
the herein described tract; passing at 2425.90 feet an 8 inch round
fence post, found for the Northwest corner of the aforementioned
322.712 acres; passing at 3124.50 feet the East line of the Ambrose
Tinny Survey and the West line of the William Miller Survey, the
same being the East line of the tract of land recorded in Volume
202, Page 470 of the Deed Records and the West line of a 260.3 acre
tract of land conveyed to Lone Star Development Company as recorded
in Volume 203, Page 86 of the Deed Records; continuing along said
line severing said 260.3 acre tract for a total distance of 3286.18
feet to a 5/8 inch iron rod with survey cap stamped "Glezman RPLS
4627", set for a turning point in the North line of the herein
described tract;
THENCE South 69 degrees 44 minutes 10 seconds East, a distance of
961.14 feet, continuing to severe the 260.3 acre tract of land to a
1/2 inch iron rod, found for the most Northerly Northeast corner of
the aforementioned 322.712 acre tract and a turning point in the
North line of the herein described tract;
THENCE East, a distance of 123.62 feet, continuing to severe the
260.3 acre tract of land along the North line of the herein
described tract to a point, located in a pond 45 feet West of the
East shoreline, for a Northerly interior corner for the herein
described tract;
THENCE North, a distance of 783.50 feet, continuing to severe the
260.3 acre tract of land to a 5/8 inch iron rod with survey cap
stamped "Glezman RPLS 4627", set for a turning point in the North
line of the herein described tract;
THENCE North 87 degrees 15 minutes 58 seconds East, a distance of
34.99 feet, continuing to severe the 260.3 acre tract along the
North line of the herein described tract to a 5/8 inch iron rod with
survey cap stamped "Glezman RPLS 4627", set for the most Northerly
corner and a turning point in the North line of the herein described
tract;
THENCE South 76 degrees 29 minutes 01 seconds East, along the North
line of the herein described tract, continuing to severe the 260.3
acre tract; passing at 186.1 feet the East line of the William
Miller Survey and the West line of the Noah Griffith Survey;
continuing along said line for a total distance of 2632.08 feet to a
5/8 inch iron rod with survey cap stamped "Glezman RPLS 4627", set
in the East line of the 260.3 acre tract and the West line of the
aforementioned 469.57 acre tract for the Northeast corner of the
herein described tract and having for reference a 30 inch dead pine
tree bearing South 26 degrees 48 minutes 39 seconds West, 6.67 feet;
THENCE South 03 degrees 35 minutes 31 seconds East, (Deed Call:
South 03 degrees 32 minutes 24 seconds East), along the East line of
the 260.3 acre tract the West line of the aforementioned 469.57 acre
tract and the East line of the herein described tract; passing at
474.4 feet a fence post, found for the Northeast corner of the
aforementioned 322.712 acre tract and the Southeast corner of the
260.3 acre tract; passing at 1589.4 feet the most Easterly
Southeast corner of the 322.712 acre tract; continuing along said
line for a total distance of 4341.49 feet back to the POINT OF
BEGINNING and containing 934.501 acres of land based on the survey
and plat prepared by Glezman Surveying Inc., dated September 26,
2006.
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.