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Texas Senate Bill SB1979

Texas 2009 - 81st Regular

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11 S.B. No. 1979
22
33
44 AN ACT
55 relating to the creation of the Blaketree Municipal Utility
66 District No. 1 of Montgomery County; providing authority to impose
77 a tax and issue bonds; granting a limited power of eminent domain.
88 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
99 SECTION 1. Subtitle F, Title 6, Special District Local Laws
1010 Code, is amended by adding Chapter 8316 to read as follows:
1111 CHAPTER 8316. BLAKETREE MUNICIPAL UTILITY DISTRICT NO. 1 OF
1212 MONTGOMERY COUNTY
1313 SUBCHAPTER A. GENERAL PROVISIONS
1414 Sec. 8316.001. DEFINITIONS. In this chapter:
1515 (1) "Board" means the district's board of directors.
1616 (2) "Director" means a board member.
1717 (3) "District" means the Blaketree Municipal Utility
1818 District No. 1 of Montgomery County.
1919 Sec. 8316.002. NATURE OF DISTRICT. The district is a
2020 municipal utility district created under Section 59, Article XVI,
2121 Texas Constitution.
2222 Sec. 8316.003. CONFIRMATION AND DIRECTORS' ELECTION
2323 REQUIRED. The temporary directors shall hold an election to
2424 confirm the creation of the district and to elect five permanent
2525 directors as provided by Section 49.102, Water Code.
2626 Sec. 8316.004. CONSENT OF MUNICIPALITY REQUIRED. The
2727 temporary directors may not hold an election under Section 8316.003
2828 until each municipality in whose corporate limits or
2929 extraterritorial jurisdiction the district is located has
3030 consented by ordinance or resolution to the creation of the
3131 district and to the inclusion of land in the district.
3232 Sec. 8316.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
3333 (a) The district is created to serve a public purpose and benefit.
3434 (b) The district is created to accomplish the purposes of:
3535 (1) a municipal utility district as provided by
3636 general law and Section 59, Article XVI, Texas Constitution; and
3737 (2) Section 52, Article III, Texas Constitution, that
3838 relate to the construction, acquisition, improvement, maintenance,
3939 or operation of macadamized, graveled, or paved roads, or
4040 improvements, including storm drainage, in aid of those roads.
4141 Sec. 8316.006. INITIAL DISTRICT TERRITORY. (a) The
4242 district is initially composed of the territory described by
4343 Section 2 of the Act creating this chapter.
4444 (b) The boundaries and field notes contained in Section 2 of
4545 the Act creating this chapter form a closure. A mistake made in the
4646 field notes or in copying the field notes in the legislative process
4747 does not affect the district's:
4848 (1) organization, existence, or validity;
4949 (2) right to issue any type of bond for the purposes
5050 for which the district is created or to pay the principal of and
5151 interest on a bond;
5252 (3) right to impose a tax; or
5353 (4) legality or operation.
5454 [Sections 8316.007-8316.050 reserved for expansion]
5555 SUBCHAPTER B. BOARD OF DIRECTORS
5656 Sec. 8316.051. GOVERNING BODY; TERMS. (a) The district is
5757 governed by a board of five elected directors.
5858 (b) Except as provided by Section 8316.052, directors serve
5959 staggered four-year terms.
6060 Sec. 8316.052. TEMPORARY DIRECTORS. (a) The temporary
6161 board consists of:
6262 (1) Robb Clark;
6363 (2) Lorie Varnas;
6464 (3) Rand Arbuckle;
6565 (4) Alfredo Saenz; and
6666 (5) Tammy Pizzitola.
6767 (b) Temporary directors serve until the earlier of:
6868 (1) the date permanent directors are elected under
6969 Section 8316.003; or
7070 (2) the fourth anniversary of the effective date of
7171 the Act creating this chapter.
7272 (c) If permanent directors have not been elected under
7373 Section 8316.003 and the terms of the temporary directors have
7474 expired, successor temporary directors shall be appointed or
7575 reappointed as provided by Subsection (d) to serve terms that
7676 expire on the earlier of:
7777 (1) the date permanent directors are elected under
7878 Section 8316.003; or
7979 (2) the fourth anniversary of the date of the
8080 appointment or reappointment.
8181 (d) If Subsection (c) applies, the owner or owners of a
8282 majority of the assessed value of the real property in the district
8383 may submit a petition to the Texas Commission on Environmental
8484 Quality requesting that the commission appoint as successor
8585 temporary directors the five persons named in the petition. The
8686 commission shall appoint as successor temporary directors the five
8787 persons named in the petition.
8888 [Sections 8316.053-8316.100 reserved for expansion]
8989 SUBCHAPTER C. POWERS AND DUTIES
9090 Sec. 8316.101. GENERAL POWERS AND DUTIES. The district has
9191 the powers and duties necessary to accomplish the purposes for
9292 which the district is created.
9393 Sec. 8316.102. MUNICIPAL UTILITY DISTRICT POWERS AND
9494 DUTIES. The district has the powers and duties provided by the
9595 general law of this state, including Chapters 49 and 54, Water Code,
9696 applicable to municipal utility districts created under Section 59,
9797 Article XVI, Texas Constitution.
9898 Sec. 8316.103. AUTHORITY FOR ROAD PROJECTS. Under Section
9999 52, Article III, Texas Constitution, the district may design,
100100 acquire, construct, finance, issue bonds for, improve, operate,
101101 maintain, and convey to this state, a county, or a municipality for
102102 operation and maintenance macadamized, graveled, or paved roads, or
103103 improvements, including storm drainage, in aid of those roads.
104104 Sec. 8316.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
105105 road project must meet all applicable construction standards,
106106 zoning and subdivision requirements, and regulations of each
107107 municipality in whose corporate limits or extraterritorial
108108 jurisdiction the road project is located.
109109 (b) If a road project is not located in the corporate limits
110110 or extraterritorial jurisdiction of a municipality, the road
111111 project must meet all applicable construction standards,
112112 subdivision requirements, and regulations of each county in which
113113 the road project is located.
114114 (c) If the state will maintain and operate the road, the
115115 Texas Transportation Commission must approve the plans and
116116 specifications of the road project.
117117 Sec. 8316.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
118118 OR RESOLUTION. The district shall comply with all applicable
119119 requirements of any ordinance or resolution that is adopted under
120120 Section 54.016 or 54.0165, Water Code, and that consents to the
121121 creation of the district or to the inclusion of land in the
122122 district.
123123 Sec. 8316.106. LIMITATION ON USE OF EMINENT DOMAIN. The
124124 district may not exercise the power of eminent domain outside the
125125 district to acquire a site or easement for:
126126 (1) a road project authorized by Section 8316.103; or
127127 (2) a recreational facility as defined by Section
128128 49.462, Water Code.
129129 Sec. 8316.107. DIVISION OF DISTRICT. (a) The district may
130130 be divided into two or more new districts only if the district:
131131 (1) has no outstanding bonded debt; and
132132 (2) is not imposing ad valorem taxes.
133133 (b) This chapter applies to any new district created by the
134134 division of the district, and a new district has all the powers and
135135 duties of the district.
136136 (c) Any new district created by the division of the district
137137 may not, at the time the new district is created, contain any land
138138 outside the area described by Section 2 of the Act creating this
139139 chapter.
140140 (d) The board, on its own motion or on receipt of a petition
141141 signed by the owner or owners of a majority of the assessed value of
142142 the real property in the district, may adopt an order dividing the
143143 district.
144144 (e) The board may adopt an order dividing the district
145145 before or after the date the board holds an election under Section
146146 8316.003 to confirm the district's creation.
147147 (f) An order dividing the district shall:
148148 (1) name each new district;
149149 (2) include the metes and bounds description of the
150150 territory of each new district;
151151 (3) appoint temporary directors for each new district;
152152 and
153153 (4) provide for the division of assets and liabilities
154154 between or among the new districts.
155155 (g) On or before the 30th day after the date of adoption of
156156 an order dividing the district, the district shall file the order
157157 with the Texas Commission on Environmental Quality and record the
158158 order in the real property records of each county in which the
159159 district is located.
160160 (h) Any new district created by the division of the district
161161 shall hold a confirmation and directors' election as required by
162162 Section 8316.003.
163163 (i) Municipal consent to the creation of the district and to
164164 the inclusion of land in the district granted under Section
165165 8316.004 acts as municipal consent to the creation of any new
166166 district created by the division of the district and to the
167167 inclusion of land in the new district.
168168 (j) Any new district created by the division of the district
169169 must hold an election as required by this chapter to obtain voter
170170 approval before the district may impose a maintenance tax or issue
171171 bonds payable wholly or partly from ad valorem taxes.
172172 [Sections 8316.108-8316.150 reserved for expansion]
173173 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
174174 Sec. 8316.151. ELECTIONS REGARDING TAXES OR BONDS.
175175 (a) The district may issue, without an election, bonds and other
176176 obligations secured by:
177177 (1) revenue other than ad valorem taxes; or
178178 (2) contract payments described by Section 8316.153.
179179 (b) The district must hold an election in the manner
180180 provided by Chapters 49 and 54, Water Code, to obtain voter approval
181181 before the district may impose an ad valorem tax or issue bonds
182182 payable from ad valorem taxes.
183183 (c) The district may not issue bonds payable from ad valorem
184184 taxes to finance a road project unless the issuance is approved by a
185185 vote of a two-thirds majority of the district voters voting at an
186186 election held for that purpose.
187187 Sec. 8316.152. OPERATION AND MAINTENANCE TAX. (a) If
188188 authorized at an election held under Section 8316.151, the district
189189 may impose an operation and maintenance tax on taxable property in
190190 the district in accordance with Section 49.107, Water Code.
191191 (b) The board shall determine the tax rate. The rate may not
192192 exceed the rate approved at the election.
193193 Sec. 8316.153. CONTRACT TAXES. (a) In accordance with
194194 Section 49.108, Water Code, the district may impose a tax other than
195195 an operation and maintenance tax and use the revenue derived from
196196 the tax to make payments under a contract after the provisions of
197197 the contract have been approved by a majority of the district voters
198198 voting at an election held for that purpose.
199199 (b) A contract approved by the district voters may contain a
200200 provision stating that the contract may be modified or amended by
201201 the board without further voter approval.
202202 [Sections 8316.154-8316.200 reserved for expansion]
203203 SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
204204 Sec. 8316.201. AUTHORITY TO ISSUE BONDS AND OTHER
205205 OBLIGATIONS. The district may issue bonds or other obligations
206206 payable wholly or partly from ad valorem taxes, impact fees,
207207 revenue, contract payments, grants, or other district money, or any
208208 combination of those sources, to pay for any authorized district
209209 purpose.
210210 Sec. 8316.202. TAXES FOR BONDS. At the time the district
211211 issues bonds payable wholly or partly from ad valorem taxes, the
212212 board shall provide for the annual imposition of a continuing
213213 direct ad valorem tax, without limit as to rate or amount, while all
214214 or part of the bonds are outstanding as required and in the manner
215215 provided by Sections 54.601 and 54.602, Water Code.
216216 Sec. 8316.203. BONDS FOR ROAD PROJECTS. At the time of
217217 issuance, the total principal amount of bonds or other obligations
218218 issued or incurred to finance road projects and payable from ad
219219 valorem taxes may not exceed one-fourth of the assessed value of the
220220 real property in the district.
221221 SECTION 2. The Blaketree Municipal Utility District No. 1
222222 of Montgomery County initially includes all the territory contained
223223 in the following area:
224224 TRACT 1
225225 Being 469.383 acres of land, situated in the Noah Griffith Survey,
226226 Abstract Number 16, in Montgomery County, Texas and being that same
227227 tract called 469.57 acres as described in Deed from Positivus, LP to
228228 469 Blaketree, L.P., dated December 1, 2006 and recorded under
229229 Montgomery County Clerk's File Number 2007-007236 of the Official
230230 Public Records of Real Property, Montgomery County, Texas; said
231231 469.383 acres being more particularly described by metes and bounds
232232 as follows with all bearings referenced to the Texas State Plane
233233 Coordinate System, Central Zone (NAD 83):
234234 BEGINNING at a 3/4 inch iron pipe, found for the Southwest corner of
235235 the herein described tract and Southwest corner of the 469.57 acre
236236 tract, in the South line of the Noah Griffith Survey, Abstract
237237 Number 16 and the North line of the Thomas Bradbury Survey, Abstract
238238 Number 91, being the Southwest corner of that certain 513 acres as
239239 described in Deed from Joe Robinowitz to Robert W. Henderson,
240240 recorded in Volume 171, Page 597 of the Montgomery County Deed
241241 Records, at the Southeast corner a called 168 acre tract described
242242 as Tract 8, Blake Ranch L.P., recorded under Montgomery County
243243 Clerk's File Number 9366055, and being in the North line of Tract 5
244244 and 6 of said Blake Ranch, L.P.; said point having a coordinate
245245 value of X = 3,732,239.49 and Y = 10,104,887.10;
246246 THENCE North 03 degrees 35 minutes 31 seconds West, a distance of
247247 4466.55 feet, along the West line of the 513 acre tract and East
248248 line of Tract 8, and the East line of a called 322.712 acre tract as
249249 described in Deed to Blaketree Corporation, recorded under
250250 Montgomery County Clerk's File Number 2000-032636, and the East
251251 line of a called 260.3 acre tract described as Tract 1, of the
252252 aforesaid Blake Ranch, L.P., common to the West line of the 469.57
253253 acre tract (Deed call: North 03 degrees 32 minutes 24 seconds
254254 West), to a 5/8 inch iron rod with a survey cap marked "Glezman,
255255 RPLS 4627", set for the most Westerly Northwest corner of the herein
256256 described tract, at the Southwest corner of a 3.53 acre tract, being
257257 the residual area of a 474.006 acre tract of land described in Deed
258258 to Endeavor Interests, L.L.C., recorded under Montgomery County
259259 Clerk's File Number 2003-060417;
260260 THENCE North 87 degrees 16 minutes 03 seconds East, passing at
261261 118.40 feet, a 1/2 inch iron rod with a survey cap, found for the
262262 Southeast corner of the residual 3.53 acre tract and being the
263263 Southwest corner of the 138.72 acre tract as described in Deed to
264264 St. Paul's United Methodist Church, recorded under Montgomery
265265 County Clerk's File Number 2000-099886, continuing along the most
266266 Westerly North line of the 469.57 acre tract, a total distance of
267267 4096.27 feet (Deed call: North 87 degrees 16 minutes 17 seconds
268268 East, 4093.72 feet, to a 1/2 inch iron rod, found at fence corner
269269 post for an interior corner of the herein described tract, at the
270270 Southeast corner of the 138.72 acre tract;
271271 THENCE North 02 degrees 40 minutes 08 seconds West along the East
272272 line of the 138.72 acre tract and the most Easterly West line of the
273273 469.57 acre tract, a distance of 1590.96 feet (Deed call: North 02
274274 degrees 40 minutes 08 seconds West, 1591.08 feet) to a 5/8 inch iron
275275 rod with a survey cap, set for the most Northerly Northwest corner
276276 of the herein described tract and Northwest corner of the 469.57
277277 acre tract, in the South line of a called 100 acre tract as
278278 described in Deed from "Minnock, et al to Rankin", recorded in
279279 Volume 548, Page 625 of the Deed Records, and being the South line
280280 of a 79.25 acre tract as described in Deed recorded in Volume 687,
281281 Page 305 of the Deed Records and called 75.474 acres by resurvey,
282282 recorded in Deed under Clerk's File Number 9304319 and further
283283 called the South line of Henderson-Blake Road, now known as Moon
284284 Camp Road, a called 40 foot wide prescriptive county right-of-way;
285285 THENCE South 69 degrees 50 minutes 40 seconds East, a distance of
286286 4.92 feet along the South line of Moon Camp Road, to a 5/8 inch iron
287287 rod with survey cap, set for an angle point;
288288 THENCE South 84 degrees 21 minutes 18 seconds East, a distance of
289289 56.74 feet along the South line of the Rankin 100 acre tract and
290290 79.25 acre tract, common to the South line of Moon Camp Road and
291291 South line of the Joseph Duffy 6.828 acre tract as described in Deed
292292 recorded under Clerk's File Number 2004-048105, and North line of
293293 the 469.57 acre tract (Deed call: South 86 degrees 22 minutes 35
294294 seconds East, 56.59 feet to the most Westerly corner of Excepted
295295 Tract 1, a 0.23 acre tract out of the 469.57 acre tract;
296296 THENCE with the following bearings and distances along the South
297297 line of the 0.23 acre tract, severing the 469.57 acres:
298298 South 76 degrees 21 minutes 31 seconds East, a distance of
299299 36.53 feet to a point for angle (Deed call: North 73 degrees
300300 20 minutes 21 seconds West, 37.04 feet);
301301 South 80 degrees 18 minutes 44 seconds East, a distance of
302302 198.79 feet to a point for angle;
303303 South 89 degrees 14 minutes 34 seconds East, a distance of
304304 215.50 feet to a point for angle (Deed call: North 89 degrees
305305 46 minutes 34 seconds West);
306306 North 86 degrees 14 minutes 36 seconds East, a distance of
307307 129.06 feet to a 5/8 inch iron rod with survey cap, set for an
308308 angle point in the South line of Moon Camp Road and the North
309309 line of the 469.57 acre tract;
310310 THENCE North 76 degrees 08 minutes 18 seconds East, a distance of
311311 6.64 feet along the North line of the 469.57 acre tract and South
312312 line of Moon Camp Road (Deed call: North 80 degrees 26 minutes 32
313313 seconds East, 8.2 feet) to a point for angle;
314314 THENCE North 80 degrees 26 minutes 34 seconds East, a distance of
315315 8.20 feet to a point for the West corner of Excepted Tract 2, a 104.0
316316 square foot tract out of the 469.75 acre tract;
317317 THENCE with the following bearings and distance along the South
318318 line of the 104.0 square foot tract, severing the 469.57 acres:
319319 North 86 degrees 14 minutes 50 seconds East, a distance of
320320 20.60 feet to a point for angle;
321321 North 78 degrees 56 minutes 16 seconds East, a distance of
322322 79.34 feet to a point for angle in the North line of the
323323 469.57 acre tract and South line of the 100 acre tract, in the
324324 South line of Moon Camp Road;
325325 THENCE North 80 degrees 26 minutes 34 seconds East, a distance of
326326 604.86 feet along the North line of the 469.57 acre tract, the South
327327 line of the 100 acre tract and called for South line of Moon Camp
328328 Road, to a 5/8 inch iron rod with survey cap, set for the Northeast
329329 corner of the herein described tract in the West line of F. M. 1486,
330330 an 80 foot right-of-way as shown on Texas Department of Highways and
331331 Public Transportation (TxDOT) right-of-way drawing No. R-1416-3-1,
332332 dated February 11, 1960;
333333 THENCE with the following courses and distances along the West line
334334 of F. M. 1486:
335335 South 03 degrees 45 minutes 17 seconds East, a distance of
336336 1051.73 feet to a 5/8 inch iron rod, set for the beginning of
337337 a curve to the right, having as its elements: a central angle
338338 of 36 degrees 28 minutes 00 seconds, a radius of 1392.48 feet,
339339 an arc length of 886.26 feet and a chord bearing South 14
340340 degrees 28 minutes 43 seconds West, a distance of 871.38 feet
341341 to a 5/8 inch iron rod with survey cap, set for the end of said
342342 curve;
343343 South 32 degrees 42 minutes 43 seconds West, a distance of
344344 1622.60 feet to a 5/8 inch iron rod, set for a corner;
345345 North 57 degrees 17 minutes 17 seconds West, a distance of
346346 10.00 feet to a 5/8 inch iron with survey cap, set for a
347347 corner;
348348 South 32 degrees 42 minutes 43 seconds West, a distance of
349349 539.35 feet to a transition to a 100 foot wide right-of-way
350350 and the beginning of a curve to the left, having as its
351351 elements: a central angle of 35 degrees 10 minutes 54
352352 seconds, a radius of 1482.48 feet, an arc length of 910.29
353353 feet and a chord bearing South 15 degrees 07 minutes 16
354354 seconds West, a distance of 896.06 feet to the end of said
355355 curve and continuing South 02 degrees 28 minutes 11 seconds
356356 East, a distance of 1570.30 feet to a 3/4 inch iron pipe,
357357 found for the Southeast corner of the herein described tract
358358 and Southeast corner of the 469.57 acre tract, at the
359359 Northeast corner of the aforementioned Tract 5 and 6, Blake
360360 Ranch L.P., and being located in the South line of the Noah
361361 Griffith Survey and North line of the Thomas Bradbury Survey;
362362 THENCE South 87 degrees 09 minutes 59 seconds West, a distance of
363363 3596.50 feet along the South line of the 469.57 acre tract (Deed
364364 call: South 87 degrees 10 minutes 05 seconds West, 3598.05 feet)
365365 and the common line of the Noah Griffith Survey and Thomas Bradbury
366366 Survey, and North line of Tract 5 and 6, back to the Point of
367367 Beginning and containing 469.383 acres of land, based on the survey
368368 and plat prepared by Glezman Surveying, Inc., dated March 29, 2007.
369369 TRACT 2
370370 Being 934.501 acres of land, having 251.939 acres situated in the
371371 Noah Griffith Survey, Abstract Number 16; 543.689 acres situated in
372372 the Thomas C. Bradbury Survey, Abstract Number 91; 48.109 acres
373373 situated in the Charles Weaver Survey, Abstract Number 624; 45.348
374374 acres situated in the Ambrose Tinny Survey, Abstract Number 551;
375375 45.417 acres situated in the William Miller Survey, Abstract Number
376376 384; Montgomery County, Texas, and being all 322.712 acres of land
377377 conveyed to Blaketree Corporation as recorded under Clerk's File
378378 Number 2000-032636 of the Real Property Records of Montgomery
379379 County, Texas; part of that certain tract of land conveyed to Blake
380380 Ranch, L.P. as recorded under Clerk's File Numbers 9366055 and
381381 9715936 of the Real Property Records, also part of a certain tract
382382 of land conveyed to Thomas W. Blake, doing business as Lone Star
383383 Development Company of Houston, Texas, by Deed recorded under
384384 Clerk's File Number 8509099 of the Real Property Records; said
385385 934.501 acres being more particularly described by metes and bounds
386386 as follows with all bearings being referenced to the South line of
387387 said Thomas C. Bradbury Survey and the North line of the Joseph G.
388388 Ferguson Survey, Abstract Number 227, as monumented on the ground:
389389 BEGINNING at a 3/4 inch iron pipe in concrete, found in the Easterly
390390 North line of the aforementioned Thomas C. Bradbury Survey and the
391391 South line of the aforementioned Noah Griffith Survey, being in the
392392 North line of a tract of land conveyed to Blake Ranch, L.P. set out
393393 in Deed recorded in Volume 236, Page 199 of the Deed Records of
394394 Montgomery County, Texas, being the Southeast corner of the
395395 aforementioned tract recorded under Clerk's File Number 9366055 of
396396 the Real Property Records and the Southwest corner of a 469.57 acre
397397 tract of land conveyed to Blaketree Estates, L.P. as recorded under
398398 Clerk's File Number 2004-129245 of the Real Property Records; said
399399 iron pipe being an interior corner for the herein described tract;
400400 THENCE North 87 degrees 09 minutes 59 seconds East, a distance of
401401 3596.50 feet, (Deed Call: North 87 degrees 10 minutes 05 seconds
402402 East, 3598.05 feet) along the South line of the Noah Griffith Survey
403403 and the North line of the Thomas C. Bradbury Survey, the same being
404404 the South line of the aforementioned 496.57 acre tract and the
405405 Easterly North line of the aforementioned tract of land recorded in
406406 Volume 236, Page 199 of the Deed Records, to a 3/4 inch iron pipe in
407407 concrete, found in the West line of F.M. 1486, a 100 foot
408408 right-of-way transitioning to a 110 foot right-of-way as set out in
409409 TxDOT right-of-way drawing R-1416-3-1, dated 02-11-60, for the
410410 Southeast corner of the 469.57 acre tract of land and the Easterly
411411 Northeast corner of the herein described tract;
412412 THENCE South 02 degrees 28 minutes 22 seconds East, a distance of
413413 1202.60 feet, (Deed Call: South 02 degrees 46 minutes 06 seconds
414414 East, 1201.70 feet), along the West line of F.M. 1486 and the most
415415 Easterly line of the aforementioned tract of land recorded in
416416 Volume 236, page 199 of the Deed Records, the same being the most
417417 Easterly line of the herein described tract to a concrete monument,
418418 found in the West line of F.M. 1486 and the North line of the
419419 aforementioned Joseph G. Ferguson Survey, for the Northeast corner
420420 of a 1936.077 acre tract of land conveyed to Affiliated Crown
421421 Developments, LTD as recorded under Clerk's File Number 2005-036975
422422 of the Real Property Records and the Southeast corner of the herein
423423 described tract;
424424 THENCE South 86 degrees 10 minutes 18 seconds West, a distance of
425425 9543.22 feet, (Deed Call: 9602.96 feet), along the South line of
426426 the Thomas C. Bradbury Survey and the North line of the Joseph G.
427427 Ferguson Survey the same being the North line of the aforementioned
428428 1936.077 acre tract of land and the South line of the aforementioned
429429 tract of land recorded in Volume 236, Page 199 of the Deed Records
430430 and the South line of the herein described tract to a concrete
431431 monument, found in the East line of the aforementioned Charles
432432 Weaver Survey for the Northwest corner of the Joseph G. Ferguson
433433 Survey and the Southwest corner of the Thomas C. Bradbury Survey;
434434 said monument also being an interior corner of the aforementioned
435435 1936.077 acre tract and the Southwest corner of the herein
436436 described tract;
437437 THENCE North 02 degrees 42 minutes 50 seconds West, a distance of
438438 1349.07 feet, (Deed Call: North 02 degrees 42 minutes 38 seconds
439439 West, 1349.10 feet), along the West line of the Thomas C. Bradbury
440440 Survey and the East line of the Charles Weaver Survey; the same
441441 being the Southerly West line of the herein described tract and the
442442 Northerly East line of the 1936.077 acre tract to a concrete
443443 monument, found in the West line of the Thomas C. Bradbury Survey
444444 and the East line of the Charles Weaver Survey, for the Southwest
445445 corner of a 226 acre tract of land conveyed to Thomas W. Blake as
446446 recorded in Volume 423, Page 303 of the Deed Records, the Southeast
447447 corner of a 60 acre tract conveyed to Lone Star Development Company
448448 as recorded in Volume 221, Page 536 of the Deed Records and an
449449 interior corner for the herein described tract;
450450 THENCE South 87 degrees 03 minutes 31 seconds West, a distance of
451451 653.33 feet, (Deed Call: South 87 degrees 02 minutes 39 seconds
452452 West, 653.37 feet), along the South line of the aforementioned 60
453453 acre tract of land and a Northerly line of the 1936.077 acre tract
454454 to a concrete monument, found in the West line of the Charles Weaver
455455 Survey for the Southwest corner of the William Montgomery Survey,
456456 Abstract Number 43, Grimes County, Texas; said monument also being
457457 an interior corner for the 1936.077 acre tract, located in the
458458 common line between Montgomery County and Grimes County for the
459459 most Westerly Southwest corner of the herein described tract;
460460 THENCE North 02 degrees 37 minutes 08 seconds West, a distance of
461461 3209.00 feet, (Deed Call: North 02 degrees 25 minutes 35 seconds
462462 West, 3196.48 feet), along the West line of the Charles Weaver
463463 Survey and the East line of the aforementioned Montgomery Survey,
464464 the same being the West line of the aforementioned 60 acre tract,
465465 the East line of the 1936.077 acre tract and the West line of the
466466 herein described tract to an 8 inch round fence post, found in the
467467 common line between Montgomery County and Grimes County for the
468468 Northwest corner of the Charles Weaver Survey and the Southwest
469469 corner of the aforementioned Ambrose Tinny Survey, for the most
470470 Westerly Northwest corner of the herein described tract;
471471 THENCE North 60 degrees 07 minutes 35 seconds East, severing a tract
472472 of land conveyed to Lone Star Development Company as recorded in
473473 Volume 202, Page 470 of the Deed Records along the Northwest line of
474474 the herein described tract; passing at 2425.90 feet an 8 inch round
475475 fence post, found for the Northwest corner of the aforementioned
476476 322.712 acres; passing at 3124.50 feet the East line of the Ambrose
477477 Tinny Survey and the West line of the William Miller Survey, the
478478 same being the East line of the tract of land recorded in Volume
479479 202, Page 470 of the Deed Records and the West line of a 260.3 acre
480480 tract of land conveyed to Lone Star Development Company as recorded
481481 in Volume 203, Page 86 of the Deed Records; continuing along said
482482 line severing said 260.3 acre tract for a total distance of 3286.18
483483 feet to a 5/8 inch iron rod with survey cap stamped "Glezman RPLS
484484 4627", set for a turning point in the North line of the herein
485485 described tract;
486486 THENCE South 69 degrees 44 minutes 10 seconds East, a distance of
487487 961.14 feet, continuing to severe the 260.3 acre tract of land to a
488488 1/2 inch iron rod, found for the most Northerly Northeast corner of
489489 the aforementioned 322.712 acre tract and a turning point in the
490490 North line of the herein described tract;
491491 THENCE East, a distance of 123.62 feet, continuing to severe the
492492 260.3 acre tract of land along the North line of the herein
493493 described tract to a point, located in a pond 45 feet West of the
494494 East shoreline, for a Northerly interior corner for the herein
495495 described tract;
496496 THENCE North, a distance of 783.50 feet, continuing to severe the
497497 260.3 acre tract of land to a 5/8 inch iron rod with survey cap
498498 stamped "Glezman RPLS 4627", set for a turning point in the North
499499 line of the herein described tract;
500500 THENCE North 87 degrees 15 minutes 58 seconds East, a distance of
501501 34.99 feet, continuing to severe the 260.3 acre tract along the
502502 North line of the herein described tract to a 5/8 inch iron rod with
503503 survey cap stamped "Glezman RPLS 4627", set for the most Northerly
504504 corner and a turning point in the North line of the herein described
505505 tract;
506506 THENCE South 76 degrees 29 minutes 01 seconds East, along the North
507507 line of the herein described tract, continuing to severe the 260.3
508508 acre tract; passing at 186.1 feet the East line of the William
509509 Miller Survey and the West line of the Noah Griffith Survey;
510510 continuing along said line for a total distance of 2632.08 feet to a
511511 5/8 inch iron rod with survey cap stamped "Glezman RPLS 4627", set
512512 in the East line of the 260.3 acre tract and the West line of the
513513 aforementioned 469.57 acre tract for the Northeast corner of the
514514 herein described tract and having for reference a 30 inch dead pine
515515 tree bearing South 26 degrees 48 minutes 39 seconds West, 6.67 feet;
516516 THENCE South 03 degrees 35 minutes 31 seconds East, (Deed Call:
517517 South 03 degrees 32 minutes 24 seconds East), along the East line of
518518 the 260.3 acre tract the West line of the aforementioned 469.57 acre
519519 tract and the East line of the herein described tract; passing at
520520 474.4 feet a fence post, found for the Northeast corner of the
521521 aforementioned 322.712 acre tract and the Southeast corner of the
522522 260.3 acre tract; passing at 1589.4 feet the most Easterly
523523 Southeast corner of the 322.712 acre tract; continuing along said
524524 line for a total distance of 4341.49 feet back to the POINT OF
525525 BEGINNING and containing 934.501 acres of land based on the survey
526526 and plat prepared by Glezman Surveying Inc., dated September 26,
527527 2006.
528528 SECTION 3. (a) The legal notice of the intention to
529529 introduce this Act, setting forth the general substance of this
530530 Act, has been published as provided by law, and the notice and a
531531 copy of this Act have been furnished to all persons, agencies,
532532 officials, or entities to which they are required to be furnished
533533 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
534534 Government Code.
535535 (b) The governor, one of the required recipients, has
536536 submitted the notice and Act to the Texas Commission on
537537 Environmental Quality.
538538 (c) The Texas Commission on Environmental Quality has filed
539539 its recommendations relating to this Act with the governor, the
540540 lieutenant governor, and the speaker of the house of
541541 representatives within the required time.
542542 (d) All requirements of the constitution and laws of this
543543 state and the rules and procedures of the legislature with respect
544544 to the notice, introduction, and passage of this Act are fulfilled
545545 and accomplished.
546546 SECTION 4. This Act takes effect immediately if it receives
547547 a vote of two-thirds of all the members elected to each house, as
548548 provided by Section 39, Article III, Texas Constitution. If this
549549 Act does not receive the vote necessary for immediate effect, this
550550 Act takes effect September 1, 2009.
551551 ______________________________ ______________________________
552552 President of the Senate Speaker of the House
553553 I hereby certify that S.B. No. 1979 passed the Senate on
554554 April 23, 2009, by the following vote: Yeas 30, Nays 0.
555555 ______________________________
556556 Secretary of the Senate
557557 I hereby certify that S.B. No. 1979 passed the House on
558558 May 25, 2009, by the following vote: Yeas 143, Nays 0, one
559559 present not voting.
560560 ______________________________
561561 Chief Clerk of the House
562562 Approved:
563563 ______________________________
564564 Date
565565 ______________________________
566566 Governor