Texas 2011 - 82nd Regular

Texas House Bill HB2182 Compare Versions

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1	1	82R7784 RWG-D
2	2	By: Isaac H.B. No. 2182
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	relating to the Ranch at Clear Fork Creek Municipal Utility
7	7	District No. 2; providing authority to impose a tax and issue bonds;
8	8	granting a limited power of eminent domain.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle F, Title 6, Special District Local Laws
11	11	Code, is amended by adding Chapter 8344 to read as follows:
12	12	CHAPTER 8344. RANCH AT CLEAR FORK CREEK MUNICIPAL UTILITY DISTRICT
13	13	NO. 2
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 8344.001. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the district's board of directors.
17	17	(2) "Commission" means the Texas Commission on
18	18	Environmental Quality.
19	19	(3) "Director" means a board member.
20	20	(4) "District" means the Ranch at Clear Fork Creek
21	21	Municipal Utility District No. 2.
22	22	Sec. 8344.002. NATURE OF DISTRICT. The district is a
23	23	municipal utility district created under Section 59, Article XVI,
24	24	Texas Constitution.
25	25	Sec. 8344.003. CONFIRMATION AND DIRECTORS' ELECTION
26	26	REQUIRED. The temporary directors shall hold an election to
27	27	confirm the creation of the district and to elect five permanent
28	28	directors as provided by Section 49.102, Water Code.
29	29	Sec. 8344.004. CONSENT OF MUNICIPALITY REQUIRED. The
30	30	temporary directors may not hold an election under Section 8344.003
31	31	until each municipality in whose corporate limits or
32	32	extraterritorial jurisdiction the territory added by Section
33	33	8344.005 is located has consented by ordinance or resolution to the
34	34	inclusion of land in the district.
35	35	Sec. 8344.005. TERRITORY ADDED. (a) The territory
36	36	described by Section 2 of the Act enacting this chapter is added to
37	37	the district's territory as of the effective date of this section.
38	38	(b) The boundaries and field notes contained in Section 2 of
39	39	the Act enacting this chapter form a closure. A mistake made in the
40	40	field notes or in copying the field notes in the legislative process
41	41	does not affect the district's:
42	42	(1) organization, existence, or validity;
43	43	(2) right to issue any type of bond for the purposes
44	44	for which the district is created or to pay the principal of and
45	45	interest on a bond;
46	46	(3) right to impose a tax; or
47	47	(4) legality or operation.
48	48	[Sections 8344.006-8344.050 reserved for expansion]
49	49	SUBCHAPTER B. BOARD OF DIRECTORS
50	50	Sec. 8344.051. GOVERNING BODY; TERMS. (a) The district is
51	51	governed by a board of five elected directors.
52	52	(b) Except as provided by Section 8344.052, directors serve
53	53	staggered four-year terms.
54	54	Sec. 8344.052. TEMPORARY DIRECTORS. (a) The temporary
55	55	board consists of:
56	56	(1) Erik Jasinski;
57	57	(2) Eric Blakely;
58	58	(3) Jonathan Parker;
59	59	(4) Meredith Powell; and
60	60	(5) Rick Dolifka.
61	61	(b) Temporary directors serve until the earlier of:
62	62	(1) the date permanent directors are elected under
63	63	Section 8344.003; or
64	64	(2) the fourth anniversary of the effective date of
65	65	the Act enacting this chapter.
66	66	(c) If permanent directors have not been elected under
67	67	Section 8344.003 and the terms of the temporary directors have
68	68	expired, successor temporary directors shall be appointed or
69	69	reappointed as provided by Subsection (d) to serve terms that
70	70	expire on the earlier of:
71	71	(1) the date permanent directors are elected under
72	72	Section 8344.003; or
73	73	(2) the fourth anniversary of the date of the
74	74	appointment or reappointment.
75	75	(d) If Subsection (c) applies, the owner or owners of a
76	76	majority of the assessed value of the real property in the district
77	77	may submit a petition to the commission requesting that the
78	78	commission appoint as successor temporary directors the five
79	79	persons named in the petition. The commission shall appoint as
80	80	successor temporary directors the five persons named in the
81	81	petition.
82	82	[Sections 8344.053-8344.100 reserved for expansion]
83	83	SUBCHAPTER C. POWERS AND DUTIES
84	84	Sec. 8344.101. MUNICIPAL UTILITY DISTRICT POWERS AND
85	85	DUTIES. The district has the powers and duties provided by the
86	86	general law of this state, including Chapters 49 and 54, Water Code,
87	87	applicable to municipal utility districts created under Section 59,
88	88	Article XVI, Texas Constitution.
89	89	Sec. 8344.102. AUTHORITY FOR ROAD PROJECTS. Under Section
90	90	52, Article III, Texas Constitution, the district may design,
91	91	acquire, construct, finance, issue bonds for, improve, operate,
92	92	maintain, and convey to this state, a county, or a municipality for
93	93	operation and maintenance macadamized, graveled, or paved roads,
94	94	including bridges, storm drainage, and other improvements or
95	95	appurtenances in aid of those roads.
96	96	Sec. 8344.103. ROAD STANDARDS AND REQUIREMENTS. (a) A road
97	97	project must meet all applicable construction standards, zoning and
98	98	subdivision requirements, and regulations of each municipality in
99	99	whose corporate limits or extraterritorial jurisdiction the road
100	100	project is located.
101	101	(b) If a road project is not located in the corporate limits
102	102	or extraterritorial jurisdiction of a municipality, the road
103	103	project must meet all applicable construction standards,
104	104	subdivision requirements, and regulations of each county in which
105	105	the road project is located.
106	106	(c) If a municipality or county will maintain and operate
107	107	the road, the municipality or county must approve the plans and
108	108	specifications of the road project.
109	109	(d) If the state will maintain and operate the road, the
110	110	Texas Transportation Commission must approve the plans and
111	111	specifications of the road project.
112	112	Sec. 8344.104. LIMITATION ON USE OF EMINENT DOMAIN. The
113	113	district may not exercise the power of eminent domain outside the
114	114	district to acquire a site or easement for:
115	115	(1) a road project authorized by Section 8344.102; or
116	116	(2) a recreational facility as defined by Section
117	117	49.462, Water Code.
118	118	[Sections 8344.105-8344.150 reserved for expansion]
119	119	SUBCHAPTER D. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS
120	120	Sec. 8344.151. DIVISION OF DISTRICT; PREREQUISITES. The
121	121	district may be divided into two or more new districts only if the
122	122	district:
123	123	(1) has no outstanding bonded debt; and
124	124	(2) is not imposing ad valorem taxes or assessments.
125	125	Sec. 8344.152. LAW APPLICABLE TO NEW DISTRICT. This
126	126	chapter applies to any new district created by division of the
127	127	district, and a new district has all the powers and duties of the
128	128	district, including the power to divide in accordance with this
129	129	section.
130	130	Sec. 8344.153. LIMITATION ON AREA OF NEW DISTRICT. A new
131	131	district created by the division of the district may not, at the
132	132	time the new district is created, contain any land outside the
133	133	combined area of:
134	134	(1) the territory of the district at the time the
135	135	district was initially created; and
136	136	(2) the area added by Section 8344.005.
137	137	Sec. 8344.154. DIVISION PROCEDURES. (a) The board, on its
138	138	own motion or on receipt of a petition signed by the owner or owners
139	139	of a majority of the assessed value of the real property in the
140	140	district according to the most recent appraisal roll for each
141	141	county in which the district is located, may adopt an order dividing
142	142	the district.
143	143	(b) The board may adopt an order dividing the district
144	144	before or after the date the board holds an election under Section
145	145	8344.003 to confirm the district's creation.
146	146	(c) An order dividing the district:
147	147	(1) must:
148	148	(A) name each new district;
149	149	(B) include the metes and bounds description of
150	150	the territory of each new district;
151	151	(C) appoint temporary directors for each new
152	152	district; and
153	153	(D) provide for the division of assets and
154	154	liabilities between or among the new districts; and
155	155	(2) is subject to a confirmation election in each new
156	156	district.
157	157	(d) On or before the 30th day after the date of adoption of
158	158	an order dividing the district, the district shall file the order
159	159	with the commission and record the order in the real property
160	160	records of each county in which the district is located.
161	161	Sec. 8344.155. CONFIRMATION ELECTION FOR NEW DISTRICT. (a)
162	162	A new district created by the division of the district shall hold a
163	163	confirmation and directors' election as required by Section
164	164	8344.003.
165	165	(b) The results of that election must be filed as required
166	166	by Sections 49.102(e) and (f), Water Code.
167	167	(c) The division of the district is not effective unless the
168	168	voters of each proposed new district vote to confirm the creation of
169	169	their new district.
170	170	Sec. 8344.156. MUNICIPAL CONSENT. Municipal consent to the
171	171	creation of the district and to the inclusion of land in the
172	172	district granted under Section 8344.004 acts as municipal consent
173	173	to the creation of any new district created by the division of the
174	174	district and to the inclusion of land in the new district.
175	175	Sec. 8344.157. TAX OR BOND ELECTION. Before a new district
176	176	created by the division of the district may impose a maintenance tax
177	177	or issue bonds payable wholly or partly from ad valorem taxes, the
178	178	new district must hold an election as required by Chapters 49 and
179	179	54, Water Code, and this chapter to obtain voter approval.
180	180	[Sections 8344.158-8344.200 reserved for expansion]
181	181	SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
182	182	Sec. 8344.201. TAX TO REPAY BONDS. The district may impose
183	183	a tax to pay the principal of or interest on bonds issued under
184	184	Section 8344.251.
185	185	[Sections 8344.202-8344.250 reserved for expansion]
186	186	SUBCHAPTER F. BONDS AND OTHER OBLIGATIONS
187	187	Sec. 8344.251. BONDS FOR ROAD PROJECTS. (a) The district
188	188	may not issue bonds payable from ad valorem taxes to finance a road
189	189	project unless the issuance is approved by a vote of a two-thirds
190	190	majority of the district voters voting at an election held for that
191	191	purpose.
192	192	(b) At the time of issuance, the total principal amount of
193	193	bonds or other obligations issued or incurred to finance road
194	194	projects and payable from ad valorem taxes may not exceed
195	195	one-fourth of the assessed value of the real property in the
196	196	district.
197	197	SECTION 2. The Ranch at Clear Fork Creek Municipal Utility
198	198	District No. 2 includes all the territory contained in the
199	199	following area in addition to the district's territory immediately
200	200	before the effective date of this Act:
201	201	109.21 ACRE TRACT
202	202	DESCRIBING A 109.21 ACRE TRACT OF LAND BEING A PART OF THE AUGUST
203	203	REUSS SURVEY, ABSTRACT 398, HAYS COUNTY, TEXAS, SAME BEING A
204	204	PORTION OF THAT CERTAIN 116.93 ACRE TRACT OF LAND DESCRIBED IN A
205	205	SPECIAL WARRANTY DEED TO WALTON TEXAS, LP, EXECUTED ON JULY 15, 2010
206	206	AND RECORDED IN VOLUME 3937 PAGE 662 OF THE OFFICIAL PUBLIC RECORDS
207	207	OF SAID COUNTY SAID 109.21 ACRE TRACT OF LAND BEING MORE
208	208	PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
209	209	BEGINNING, at an iron rod with cap stamped RPLS 1753 found at the
210	210	south corner of said 116.93 acre tract, same being at the east
211	211	corner of that certain 92.67 acre tract of land described in a deed
212	212	to Walter Seeliger as recorded in Volume 131 Page 131 of the
213	213	Official Public Records of said County and in the northwest line of
214	214	State Highway No. 21 (100' R.O.W.);
215	215	THENCE, with the southwest line of said 116.93 acre tract, same
216	216	being with the northeast line of said Seeliger tract, N47°11'59"W,
217	217	3148.30 feet to an iron rod with cap stamped RPLS 1753 found at the
218	218	west corner of said 116.93 acre tract, same being at the north
219	219	corner of said Seeliger tract and in the southeast line of that
220	220	certain 125 acre tract of land described in a deed to The B. R. and
221	221	Mollie Wranitzky Trust as recorded in Volume 1011 Page 48 of the
222	222	Official Public Records of said County;
223	223	THENCE, with the northwest line of said 116.93 acre tract, same
224	224	being the southeast line of said 125 acre tract, N42°42'46"E,
225	225	1509.43 feet to an iron rod found at the north corner of said 116.93
226	226	acre tract, same being at the west corner of that certain 88.265
227	227	acre tract of land described in a deed to Adora Investments, LLC as
228	228	recorded in Volume 3749 Page 476 of the Official Public Records of
229	229	said County;
230	230	THENCE, with the northeast line of said 116.93 acre tract, same
231	231	being the southwest line of said 88.265 acre tract, S47°12'03"E,
232	232	3252.62 feet to a point from which an iron rod with cap stamped UDG
233	233	#2433 found at the east corner of said 116.93 acre tract, same being
234	234	at the south corner of said 88.265 acre tract and in the said line of
235	235	State Highway No. 21 bears S47°12'03"E, 302.94 feet;
236	236	THENCE, through the interior of said 116.93 acre tract and with the
237	237	City of Uhland, Texas City Limit Line, the following three courses:
238	238	1) Along a curve to the right having a radius of 4233.66 feet, an
239	239	arc length of 684.87 feet, a central angle of 9°16'07" and a chord
240	240	which bears S55°41'22"W, 684.11 feet to a point;
241	241	2) S60°10'58"W, 391.11 feet to a point;
242	242	3) S29°49'02"E, 300.00 feet to a point in the southeast line of
243	243	said 116.93 acre tract, same being in the said right-of-way of State
244	244	Highway No. 21;
245	245	THENCE, with the common line of said 116.93 acre tract and said
246	246	Highway, S60°10'58"W, 397.91 feet to the POINT OF BEGINNING and
247	247	containing 109.21 acres of land.
248	248	158.31 ACRE TRACT
249	249	DESCRIBING A 158.31 ACRE TRACT OF LAND BEING A PART OF THE THOMAS
250	250	YATES SURVEY, ABSTRACT 313, CALDWELL COUNTY, TEXAS, SAID TRACT OF
251	251	LAND ALSO BEING ALL OF OR A PORTION OF THE FOLLOWING TWO TRACTS OF
252	252	LAND:
253	253	1) ALL OF THAT CERTAIN TRACT OF LAND DESCRIBED AS 100.02 ACRES IN A
254	254	SPECIAL WARRANTY DEED TO WALTON TEXAS, LP EXECUTED ON MARCH 11, 2010
255	255	AND RECORDED IN VOLUME 597 PAGE 41 OF THE OFFICIAL PUBLIC RECORDS OF
256	256	SAID COUNTY;
257	257	2) ALL OF THAT CERTAIN TRACT OF LAND DESCRIBED AS 58.29 ACRES IN A
258	258	SPECIAL WARRANTY DEED TO WALTON TEXAS, LP EXECUTED ON NOVEMBER 10,
259	259	2010 AND RECORDED IN VOLUME 634 PAGE 608 OF THE OFFICIAL PUBLIC
260	260	RECORDS OF SAID COUNTY;
261	261	SAID 158.31 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY
262	262	METES AND BOUNDS AS FOLLOWS:
263	263	BEGINNING, at an iron rod found at the northeast corner of said
264	264	100.02 acre tract in the west right-of-way line of F.M. 2720 (80'
265	265	R.O.W.), same being at the southeast corner of that certain 405.35
266	266	acre tract of land described in a deed to Walton Texas, LP as
267	267	recorded in Volume 579 Page 211 of the Official Public Records of
268	268	said County, for the POINT OF BEGINNING of the herein described
269	269	158.31 acre tract of land (Grid coordinates: N:9,951,631.99
270	270	E:3,102,510.82);
271	271	THENCE, with the east line of said 100.02 acre tract, same being the
272	272	west line of said F.M. 2720, S42°12'20"E, at 529.17 feet passing a
273	273	Texas Department of Transportation Type I concrete monument,
274	274	continuing for a total distance of 2306.77 feet to a nail found at
275	275	the southeast corner of said 100.02 acre tract, same being at a
276	276	northeast corner of that certain called 8.692 acre tract of land
277	277	described in a deed to Thomas E. Black, Jr. as recorded in Volume
278	278	391 Page 459 of the Official Public Records of said County;
279	279	THENCE, with the south line of said 100.02 acre tract, same being
280	280	the north line of said Black tract, S48°06'09"W, 1225.23 feet to a
281	281	nail found at the southern most southwest corner of said 100.02 acre
282	282	tract, same being at the northwest corner of said Black tract and in
283	283	the east line of that certain called 91.2638 acre tract of land
284	284	described in a deed to Cleo L. Krieg as recorded in Volume 149 Page
285	285	219 of the Official Public Records of said County;
286	286	THENCE, with the southern most west line of said 100.02 acre tract,
287	287	same being the east line of said Krieg tract, N42°45'47"W, 1078.02
288	288	feet to an iron rod with cap stamped "UDG #2433" set at an interior
289	289	corner of said 100.02 acre tract, same being the northeast corner of
290	290	said Krieg tract;
291	291	THENCE, with the northern most south line of said 100.02 acre tract,
292	292	same being the north line of said Krieg tract, S47°17'01"W, 1241.49
293	293	feet to an iron rod with cap stamped "UDG #2433" set at the northern
294	294	most southwest corner of said 100.02 acre tract, same being at the
295	295	northwest corner of said Krieg tract and in the northeast line of
296	296	said 58.29 acre tract;
297	297	THENCE, with the northeast line of said 58.29 acre tract, same being
298	298	the southwest line of said Krieg tract, S42°35'18"E, 2350.90 feet to
299	299	an iron rod found at the northern most east corner of said 58.29
300	300	acre tract, same being at the north corner of that certain 2.070
301	301	acre tract of land described in a deed to Elida Nava as recorded in
302	302	Volume 561 Page 847 of the Official Public Records of said County;
303	303	THENCE, with the common lines of said 58.29 acre tract and said Nava
304	304	tract, the following five courses:
305	305	1. S47°39'27"W, 180.82 feet to an iron rod found;
306	306	2. S40°36'42"E, 301.60 feet to an iron rod found;
307	307	3. N79°44'05"E, 88.78 feet to an iron rod found;
308	308	4. N72°18'20"E 62.04 feet to an iron rod with plastic cap stamped
309	309	UDG #2433 set;
310	310	5. S42°34'06"E, 409.85 feet to an iron rod found at the southern
311	311	most east corner of said 58.29 acre tract, same being at the south
312	312	corner of said 2.070 tract, same being in the northwest line of
313	313	County Road 228 (Farmers Road, R.O.W. varies);
314	314	THENCE, with the southeast line of said 58.29 acre tract, same being
315	315	the northwest line of said County Road 228, S47°40'42"W, 532.18 feet
316	316	to an iron rod with plastic cap stamped UDG #2433 set at the eastern
317	317	most south corner of said 58.29 acre tract, same being at the east
318	318	corner of that certain 60.350 acre tract of land described in a deed
319	319	to Florence M. Holz Vickery as recorded in said Partition Deed
320	320	recorded in Volume 88 Page 318 of the Official Public Records of
321	321	said County;
322	322	THENCE, with the common lines of said 58.29 acre tract and said
323	323	60.350 acre tract, the following three courses:
324	324	1. N42°19'00"W, 135.90 feet to an iron rod with plastic cap stamped
325	325	UDG #2433 set;
326	326	2. S47°44'51"W, 116.26 feet to an iron rod with plastic cap stamped
327	327	UDG #2433 set;
328	328	3. N42°34'31"W, 3602.41 feet to an iron rod found at the west
329	329	corner of this tract, same being at the west corner of said 58.29
330	330	acre tract and the north corner of said 60.350 acre tract, said iron
331	331	rod also being in the southeast line of said 405.35 acre tract;
332	332	THENCE, with the northwest line of said 58.29 acre tract, same being
333	333	the southeast line of said 405.35 acre tract, N47°39'14"E, 707.05
334	334	feet to an iron rod found at the north corner of said 58.29 acre
335	335	tract, same being the southern most east corner of said 405.35 acre
336	336	tract, same also being in the southwest line of said 100.02 acre
337	337	tract;
338	338	THENCE, with a southwest line of said 100.02 acre tract, same being
339	339	a northeast line of said 405.35 acre tract, N42°19'47"W, 619.99 feet
340	340	to an iron rod found at the northwest corner of said 100.02 acre
341	341	tract, same being an interior corner of said 405.35 acre tract;
342	342	THENCE, with the north line of said 100.02 acre tract, same being
343	343	with a south line of 405.35 acre tract, N47°34'05"E, a distance of
344	344	2482.54 feet to the POINT OF BEGINNING and containing 158.31 acres
345	345	of land.
346	346	87.47 ACRE TRACT
347	347	DESCRIBING 87.47 ACRES OF LAND BEING A PORTION OF THE ELBERT HINES
348	348	SURVEY A-123, CALDWELL COUNTY, TEXAS, SAME BEING A PORTION OF THAT
349	349	312.48 ACRE TRACT DESCRIBED IN A SPECIAL WARRANTY DEED TO WALTON
350	350	TEXAS, LP EXECUTED ON MAY 5, 2009 AND RECORDED IN VOLUME 568 PAGE
351	351	119 OF THE OFFICIAL PUBLIC RECORDS OF SAID COUNTY, SAID 87.47 ACRES
352	352	OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
353	353	FOLLOWS:
354	354	BEGINNING at an axle found at the east corner of said 312.48 acre
355	355	tract, same being the north corner of that 152.071 acre tract
356	356	described in a deed to Bryant L Hohertz and wife, Veleria G. Hohertz
357	357	as recorded in Volume 459 Page 639 of the Deed Records of said
358	358	County and in the southwest line of the Old Kyle Lockhart Road
359	359	(R.O.W. varies), from which an iron rod found at the east corner of
360	360	said 152.071 acre tract, same being a north corner of that 464.77
361	361	acre tract described in a deed to Elizabeth Blanks Hindman as
362	362	recorded in Volume 495 Page 373 of the Deed Records of said County
363	363	bears S41°18'41"E, 19.83 feet;
364	364	THENCE, with the southeast line of said 312.48 acre tract,
365	365	S47°54'11"W, 1897.48 feet to a point;
366	366	THENCE, through the interior of said 312.48 acre tract, N42°00'00"W,
367	367	2018.19 feet to a point in the northern most northwest line of said
368	368	312.48 acre tract, same being in the southeast line of the remaining
369	369	portion of a 331.6 acre tract described in Volume 192 Page 649 of
370	370	the Official Public Records of said County;
371	371	THENCE, with said northwest line of 312.48 acre tract, N47°53'56"E,
372	372	1890.25 feet to an iron rod with cap (stamped "Hinkle") found at the
373	373	east corner of said remaining portion, same being in the southwest
374	374	line of F. M. 2720 (R.O.W. varies) from which said iron rod with cap
375	375	found at the north corner of said remaining portion bears
376	376	N33°43'35"W, 391.68 feet;
377	377	THENCE, with the southwest line of said F. M. 2720, the following
378	378	three courses:
379	379	1) Along a curve to the left having a radius of 2904.81 feet, an
380	380	arc length of 199.21 feet, a central angle of 3°55'46" and a chord
381	381	which bears S40°36'09"E, 199.18 feet to a concrete monument found;
382	382	2) S41°19'53"E, 703.74 feet to an iron rod found;
383	383	3) Along a curve to the left having a radius of 1185.96 feet, an
384	384	arc length of 191.25 feet, a central angle of 9°14'22" and a chord
385	385	which bears S46°12'56"E, 191.04 feet to an iron rod found at the
386	386	intersection of said F. M. 2720 with the northeast line of said
387	387	331.6 acre tract and the southwest line of the said Old Kyle
388	388	Lockhart Road;
389	389	THENCE, with the northeast line of said 312.48 acre tract, same
390	390	being the southwest line of said Old Kyle Lockhart Road,
391	391	S42°23'15"E, 925.01 feet to the POINT OF BEGINNING and containing
392	392	87.47 acres of land.
393	393	642.57 ACRE TRACT
394	394	DESCRIBING 642.57 ACRES OF LAND BEING A PORTION OF THE ELBERT HINES
395	395	SURVEY, ABSTRACT 123, CALDWELL COUNTY, TEXAS, SAME BEING ALL OF OR A
396	396	PORTION OF THE FOLLOWING TWO TRACTS OF LAND:
397	397	1) ALL OF THAT 464.83 ACRE TRACT OF LAND DESCRIBED IN A SPECIAL
398	398	WARRANTY DEED TO WALTON TEXAS, LP EXECUTED ON MARCH 23, 2010 AND
399	399	RECORDED IN VOLUME 598 PAGE 166 OF THE OFFICIAL PUBLIC RECORDS OF
400	400	CALDWELL COUNTY, TEXAS;
401	401	2) A PORTION OF THAT 682.21 ACRE TRACT OF LAND DESCRIBED IN A
402	402	SPECIAL WARRANTY DEED TO WALTON TEXAS, LP EXECUTED ON JANUARY 15,
403	403	2010 AND RECORDED IN VOLUME 591 PAGE 449 OF THE OFFICIAL PUBLIC
404	404	RECORDS OF CALDWELL COUNTY, TEXAS; SAID 642.57 ACRES OF LAND BEING
405	405	MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
406	406	BEGINNING at an iron rod found at the south corner of said 464.83
407	407	acre tract, same being the southern most east corner of said 682.21
408	408	acre tract, same also being in the northwest line of that tract of
409	409	land described in a deed to Bryant L. Hohertz, et ux as recorded in
410	410	Volume 397 Page 369 of the Official Public Records of said County;
411	411	THENCE, with the southeast line of 682.21 acre tract, same being the
412	412	northwest line of said Bryant L. Hohertz tract, S47°58'32"W, 542.23
413	413	feet to a point from which an iron rod with aluminum cap found at a
414	414	south corner of said 682.21 acre tract bears S47°58'32"W, 566.01
415	415	feet;
416	416	THENCE, through the interior of said 682.21 acre tract, N42°00'00"W,
417	417	9091.90 feet to a point in a northwest line of said 682.21 acre
418	418	tract;
419	419	THENCE, with a northwest line of said 682.21 acre tract,
420	420	N47°53'54"E, 1349.71 feet to an iron rod with cap stamped UDG #2433
421	421	set at the north corner of said 682.21 acre tract, same being at a
422	422	west corner of said 464.83 acre tract;
423	423	THENCE, with the northern most northwest line of said 464.83 acre
424	424	tract, the following four courses:
425	425	1) N47°53'54"E, 547.53 feet to an iron rod with cap found in a
426	426	southwest line of the former Kyle-Lockhart Road (a public road);
427	427	2) With said Kyle-Lockhart Road, S25°07'26"E, 12.87 feet to an iron
428	428	rod found;
429	429	3) With said Kyle-Lockhart Road, S41°21'12"E, 17.94 feet to an iron
430	430	rod found;
431	431	4) With said Kyle-Lockhart Road, N47°56'28"E, 650.16 feet to a nail
432	432	atop a fence corner post at the north corner of said 464.83 acre
433	433	tract, same being the west corner of that 125 acre tract of land
434	434	described in a deed to Joyce Livengood Bock as recorded in Volume
435	435	212 Page 375 of the Official Public Records of said County, from
436	436	which a concrete monument found bears N50°58'49"E, 488.28 feet;
437	437	THENCE, with the western most northeast line of said 464.83 acre
438	438	tract, same being the southwest line of said 125 acre tract,
439	439	S42°11'53"E, 2727.38 feet to an iron pipe found at an interior
440	440	corner of said 464.83 acre tract, same being the south corner of
441	441	said 125 acre tract;
442	442	THENCE, with the eastern most northwest line of said 464.83 acre
443	443	tract, same being the southeast line of said 125 acre tract,
444	444	N48°15'08"E, 3912.02 feet to an iron pipe found at the eastern most
445	445	north corner of said 464.83 acre tract, same being the east corner
446	446	of said 125 acre tract and in a southwest line of F. M. 2720 (80'
447	447	R.O.W.) from which an iron pipe found at the southern most north
448	448	corner of said 125 acre tract, same being the east corner of that
449	449	110.42 acre tract of land described in a deed to Cleo L. Krieg as
450	450	recorded in Volume 154 Page 276 of the Official Public Records of
451	451	said County bears N41°48'09"W, 101.41 feet;
452	452	THENCE, with the eastern most northeast line of said 464.83 acre
453	453	tract, same being the southwest line of said F. M. 2720, the
454	454	following two courses:
455	455	1) S42°01'54"E, 1441.16 feet to a concrete monument found;
456	456	2) S42°09'53"E, 68.83 feet to an iron rod found at the northern
457	457	most east corner of said 464.83 acre tract, same being in the
458	458	northwest line of that 100.75 acre tract described in a deed to
459	459	Joyce Livengood Bock as recorded in Volume 212 Page 375 of the
460	460	Official Public Records of said County;
461	461	THENCE, with the northern most southeast line of said 464.83 acre
462	462	tract, same being the northwest line of said 100.75 acre tract,
463	463	S48°15'53"W, 3918.99 feet to an iron rod with cap (stamped Texas
464	464	Surveying/4227) found at an interior corner of said 464.83 acre
465	465	tract, same being the west corner of said 100.75 acre tract;
466	466	THENCE, with a northeast line of said 464.83 acre tract, same being
467	467	the southwest line of said 100.75 acre tract, S42°08'11"E, 2229.92
468	468	feet to a stone found at the south corner of said 100.75 acre tract,
469	469	same being at the west corner of that 103.18 acre tract described in
470	470	a deed to Curby D. Ohnheiser as recorded in Volume 487 Page 22 of the
471	471	Official Public Records of said County;
472	472	THENCE, with a northeast line of said 464.83 acre tract, same being
473	473	the southwest line of said 103.18 acre tract, S41°52'27"E, 1393.08
474	474	feet to an iron rod found at the southern most east corner of said
475	475	464.83 acre tract, same being the south corner of said 103.18 acre
476	476	tract and in the northwest line of that 52.3 acre tract described in
477	477	a deed to Nellie Hampe Partnership I, Ltd. as recorded in Volume 140
478	478	Page 348 of the Official Public Records of said County;
479	479	THENCE, with a southeast line of said 464.83 acre tract, same being
480	480	the northwest line of said 52.3 acre tract, S48°00'59"W, 899.65 feet
481	481	to an iron rod with cap (stamped Texas Surveying) found at an
482	482	interior corner of said 464.83 acre tract, same being at the west
483	483	corner of said 52.3 acre tract;
484	484	THENCE, with the southern most northeast line of said 464.83 acre
485	485	tract, same being the southwest line of said 52.3 acre tract,
486	486	S42°01'21"E, 1208.36 feet to an iron rod found at the southern most
487	487	east corner of said 464.83 acre tract, same being at the south
488	488	corner of said 52.3 acre tract and in the northwest line of said
489	489	Bryant L. Hohertz et ux tract as recorded in Volume 397 Page 369 of
490	490	the Official Public Records of said County;
491	491	THENCE, with the southern most southeast line of said 464.83 acre
492	492	tract, same being northwest line of said Bryant L. Hohertz et ux
493	493	tract as recorded in Volume 397 Page 369 of the Official Public
494	494	Records of said County, S48°06'34"W, 1107.77 feet to the POINT OF
495	495	BEGINNING and containing 642.57 acres of land.
496	496	SECTION 3. (a) The legal notice of the intention to
497	497	introduce this Act, setting forth the general substance of this
498	498	Act, has been published as provided by law, and the notice and a
499	499	copy of this Act have been furnished to all persons, agencies,
500	500	officials, or entities to which they are required to be furnished
501	501	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
502	502	Government Code.
503	503	(b) The governor, one of the required recipients, has
504	504	submitted the notice and Act to the Texas Commission on
505	505	Environmental Quality.
506	506	(c) The Texas Commission on Environmental Quality has filed
507	507	its recommendations relating to this Act with the governor, the
508	508	lieutenant governor, and the speaker of the house of
509	509	representatives within the required time.
510	510	(d) All requirements of the constitution and laws of this
511	511	state and the rules and procedures of the legislature with respect
512	512	to the notice, introduction, and passage of this Act are fulfilled
513	513	and accomplished.
514	514	SECTION 4. (a) Section 8344.104, Special District Local
515	515	Laws Code, as added by Section 1 of this Act, takes effect only if
516	516	this Act receives a two-thirds vote of all the members elected to
517	517	each house.
518	518	(b) If this Act does not receive a two-thirds vote of all the
519	519	members elected to each house, Subchapter C, Chapter 8344, Special
520	520	District Local Laws Code, as added by Section 1 of this Act, is
521	521	amended by adding Section 8344.104 to read as follows:
522	522	Sec. 8344.104. NO EMINENT DOMAIN POWER. The district may
523	523	not exercise the power of eminent domain.
524	524	(c) This section is not intended to be an expression of a
525	525	legislative interpretation of the requirements of Section 17(c),
526	526	Article I, Texas Constitution.
527	527	SECTION 5. Except as provided by Section 4 of this Act:
528	528	(1) this Act takes effect immediately if it receives a
529	529	vote of two-thirds of all the members elected to each house, as
530	530	provided by Section 39, Article III, Texas Constitution; and
531	531	(2) if this Act does not receive the vote necessary for
532	532	immediate effect, this Act takes effect September 1, 2011.