Texas 2013 - 83rd Regular

Texas House Bill HB3941 Compare Versions

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1	1	By: Miller of Comal (Senate Sponsor - Campbell) H.B. No. 3941
2	2	(In the Senate - Received from the House May 14, 2013;
3	3	May 14, 2013, read first time and referred to Committee on Natural
4	4	Resources; May 17, 2013, reported favorably by the following vote:
5	5	Yeas 8, Nays 0; May 17, 2013, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the creation of the Comal County Water Improvement
11	11	District No. 3; granting a limited power of eminent domain;
12	12	providing authority to issue bonds; providing authority to impose
13	13	assessments, fees, or taxes.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Subtitle F, Title 6, Special District Local Laws
16	16	Code, is amended by adding Chapter 8489 to read as follows:
17	17	CHAPTER 8489. COMAL COUNTY WATER IMPROVEMENT DISTRICT NO. 3
18	18	SUBCHAPTER A. GENERAL PROVISIONS
19	19	Sec. 8489.001. DEFINITIONS. In this chapter:
20	20	(1) "Board" means the district's board of directors.
21	21	(2) "Commission" means the Texas Commission on
22	22	Environmental Quality.
23	23	(3) "Director" means a board member.
24	24	(4) "District" means the Comal County Water
25	25	Improvement District No. 3.
26	26	Sec. 8489.002. NATURE OF DISTRICT. The district is a
27	27	municipal utility district created under Section 59, Article XVI,
28	28	Texas Constitution.
29	29	Sec. 8489.003. CONFIRMATION AND DIRECTORS' ELECTION
30	30	REQUIRED. The temporary directors shall hold an election to
31	31	confirm the creation of the district and to elect five permanent
32	32	directors as provided by Section 49.102, Water Code.
33	33	Sec. 8489.004. CONSENT OF MUNICIPALITY AND DEVELOPMENT
34	34	AGREEMENT REQUIRED. (a) The temporary directors may not hold an
35	35	election under Section 8489.003 until each municipality in whose
36	36	corporate limits or extraterritorial jurisdiction the district is
37	37	located has:
38	38	(1) consented by ordinance or resolution to the
39	39	creation of the district and to the inclusion of land in the
40	40	district; and
41	41	(2) entered into a development agreement under Section
42	42	212.172, Local Government Code, with the retail public utility
43	43	owned by the municipality that addresses water and wastewater
44	44	issues and with the owners of land in the district that addresses
45	45	relevant issues, including:
46	46	(A) the provision of services other than water or
47	47	wastewater services to land in the district, including emergency
48	48	services and solid waste collection;
49	49	(B) traffic and roadway impacts caused by the
50	50	creation of the district;
51	51	(C) the amount of debt to be issued by the
52	52	district or any new district created by the division of the
53	53	district;
54	54	(D) a plan for dividing the district, including
55	55	the number, location, and size of any new districts created by the
56	56	division of the district;
57	57	(E) fire flow;
58	58	(F) a prohibition against a retail public
59	59	utility, as defined by Section 13.002, Water Code, other than the
60	60	retail public utility owned by the municipality, from providing
61	61	retail water or wastewater service to the property in the district
62	62	or a new district created by the division of the district except
63	63	with respect to any lands in the district or a new district created
64	64	by division of the district that are included within the
65	65	certificated service territory of another retail public utility, as
66	66	defined by a certificate of public convenience and necessity;
67	67	(G) an agreement to comply with the
68	68	municipality's most current building codes and ordinances, public
69	69	health and safety codes and ordinances, and environmental
70	70	regulation codes and ordinances; and
71	71	(H) an agreement to comply with the
72	72	municipality's most current land use regulations.
73	73	(b) The development agreement may not contain a provision
74	74	prohibited by Section 212.174, Local Government Code, in relation
75	75	to the provision of utility service.
76	76	(c) A confirmation election held in violation of this
77	77	section is void.
78	78	Sec. 8489.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
79	79	The district is created to serve a public purpose and benefit.
80	80	(b) The district is created to accomplish the purposes of:
81	81	(1) a municipal utility district as provided by
82	82	general law and Section 59, Article XVI, Texas Constitution; and
83	83	(2) Section 52, Article III, Texas Constitution, that
84	84	relate to the construction, acquisition, improvement, operation,
85	85	or maintenance of macadamized, graveled, or paved roads, or
86	86	improvements, including storm drainage, in aid of those roads.
87	87	Sec. 8489.006. INITIAL DISTRICT TERRITORY. (a) The
88	88	district is initially composed of the territory described by
89	89	Section 2 of the Act enacting this chapter.
90	90	(b) The boundaries and field notes contained in Section 2 of
91	91	the Act enacting this chapter form a closure. A mistake made in the
92	92	field notes or in copying the field notes in the legislative process
93	93	does not affect the district's:
94	94	(1) organization, existence, or validity;
95	95	(2) right to issue any type of bond for the purposes
96	96	for which the district is created or to pay the principal of and
97	97	interest on a bond;
98	98	(3) right to impose a tax; or
99	99	(4) legality or operation.
100	100	SUBCHAPTER B. BOARD OF DIRECTORS
101	101	Sec. 8489.051. GOVERNING BODY; TERMS. (a) The district is
102	102	governed by a board of five elected directors.
103	103	(b) Except as provided by Section 8489.052, directors serve
104	104	staggered four-year terms.
105	105	Sec. 8489.052. TEMPORARY DIRECTORS. (a) The temporary
106	106	board consists of:
107	107	(1) William McLean;
108	108	(2) Michael Morrill;
109	109	(3) Lance Sallis;
110	110	(4) Noah Shaffer; and
111	111	(5) Stephen Delgado.
112	112	(b) Temporary directors serve until the earlier of:
113	113	(1) the date permanent directors are elected under
114	114	Section 8489.003; or
115	115	(2) the fourth anniversary of the effective date of
116	116	the Act enacting this chapter.
117	117	(c) If permanent directors have not been elected under
118	118	Section 8489.003 and the terms of the temporary directors have
119	119	expired, successor temporary directors shall be appointed or
120	120	reappointed as provided by Subsection (d) to serve terms that
121	121	expire on the earlier of:
122	122	(1) the date permanent directors are elected under
123	123	Section 8489.003; or
124	124	(2) the fourth anniversary of the date of the
125	125	appointment or reappointment.
126	126	(d) If Subsection (c) applies, the owner or owners of a
127	127	majority of the assessed value of the real property in the district
128	128	may submit a petition to the commission requesting that the
129	129	commission appoint as successor temporary directors the five
130	130	persons named in the petition. The commission shall appoint as
131	131	successor temporary directors the five persons named in the
132	132	petition.
133	133	SUBCHAPTER C. POWERS AND DUTIES
134	134	Sec. 8489.101. GENERAL POWERS AND DUTIES. The district has
135	135	the powers and duties necessary to accomplish the purposes for
136	136	which the district is created.
137	137	Sec. 8489.102. MUNICIPAL UTILITY DISTRICT POWERS AND
138	138	DUTIES. The district has the powers and duties provided by the
139	139	general law of this state, including Chapters 49 and 54, Water Code,
140	140	applicable to municipal utility districts created under Section 59,
141	141	Article XVI, Texas Constitution.
142	142	Sec. 8489.103. AUTHORITY FOR ROAD PROJECTS. Under Section
143	143	52, Article III, Texas Constitution, the district may design,
144	144	acquire, construct, finance, issue bonds for, improve, operate,
145	145	maintain, and convey to this state, a county, or a municipality for
146	146	operation and maintenance macadamized, graveled, or paved roads, or
147	147	improvements, including storm drainage, in aid of those roads.
148	148	Sec. 8489.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
149	149	project must meet all applicable construction standards, zoning and
150	150	subdivision requirements, and regulations of each municipality in
151	151	whose corporate limits or extraterritorial jurisdiction the road
152	152	project is located.
153	153	(b) If a road project is not located in the corporate limits
154	154	or extraterritorial jurisdiction of a municipality, the road
155	155	project must meet all applicable construction standards,
156	156	subdivision requirements, and regulations of each county in which
157	157	the road project is located.
158	158	(c) If the state will maintain and operate the road, the
159	159	Texas Transportation Commission must approve the plans and
160	160	specifications of the road project.
161	161	Sec. 8489.105. WATER AND WASTEWATER INFRASTRUCTURE. (a)
162	162	The district may not construct a water or wastewater facility
163	163	unless any municipality in whose corporate limits or
164	164	extraterritorial jurisdiction the facility is located at the time
165	165	of construction has approved the plans and specifications of the
166	166	facility.
167	167	(b) On completion of a water or wastewater facility
168	168	described in a development agreement between the district and a
169	169	municipality, the district shall convey the facility to the
170	170	municipality or to the retail public utility owned by the
171	171	municipality, free of all liens, claims, or encumbrances, in the
172	172	form and manner acceptable to the municipality or retail public
173	173	utility.
174	174	Sec. 8489.106. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
175	175	OR RESOLUTION AND DEVELOPMENT AGREEMENT. (a) The district shall
176	176	comply with all applicable requirements of any ordinance or
177	177	resolution that is adopted under Section 54.016 or 54.0165, Water
178	178	Code, and that consents to the creation of the district or to the
179	179	inclusion of land in the district.
180	180	(b) Notwithstanding other law, a municipality may place a
181	181	condition or restriction on the creation of the district or
182	182	inclusion of land in the district that is:
183	183	(1) expressly permitted by Sections 54.016(e) and (i),
184	184	Water Code; or
185	185	(2) contained in the development agreement entered
186	186	into under Section 212.172, Local Government Code, and this
187	187	chapter.
188	188	Sec. 8489.107. DIVISION OF DISTRICT. (a) The district may
189	189	be divided into two or more new districts only if the district:
190	190	(1) has no outstanding bonded debt; and
191	191	(2) is not imposing ad valorem taxes.
192	192	(b) This chapter applies to any new district created by the
193	193	division of the district, and a new district has all the powers and
194	194	duties of the district.
195	195	(c) Any new district created by the division of the district
196	196	may not, at the time the new district is created, contain any land
197	197	outside the area described by Section 2 of the Act enacting this
198	198	chapter.
199	199	(d) The board, on its own motion or on receipt of a petition
200	200	signed by the owner or owners of a majority of the assessed value of
201	201	the real property in the district, may adopt an order dividing the
202	202	district.
203	203	(e) The board may adopt an order dividing the district
204	204	before or after the date the board holds an election under Section
205	205	8489.003 to confirm the district's creation.
206	206	(f) An order dividing the district shall:
207	207	(1) name each new district;
208	208	(2) include the metes and bounds description of the
209	209	territory of each new district;
210	210	(3) appoint temporary directors for each new district;
211	211	and
212	212	(4) provide for the division of assets and liabilities
213	213	between or among the new districts.
214	214	(g) On or before the 30th day after the date of adoption of
215	215	an order dividing the district, the district shall file the order
216	216	with the commission and record the order in the real property
217	217	records of each county in which the district is located.
218	218	(h) Any new district created by the division of the district
219	219	shall hold a confirmation and directors' election as required by
220	220	Section 8489.003.
221	221	(i) Municipal consent to the creation of the district and to
222	222	the inclusion of land in the district granted under Section
223	223	8489.004 acts as municipal consent to the creation of any new
224	224	district created by the division of the district and to the
225	225	inclusion of land in the new district.
226	226	(j) Any new district created by the division of the district
227	227	must hold an election as required by this chapter to obtain voter
228	228	approval before the district may impose a maintenance tax or issue
229	229	bonds payable wholly or partly from ad valorem taxes.
230	230	Sec. 8489.108. LIMITATION ON ANNEXATION OF LAND BY
231	231	DISTRICT. The district or any new district created by the division
232	232	of the district may not annex land outside the area described by
233	233	Section 2 of the Act enacting this chapter without the consent of
234	234	each municipality in whose corporate limits or extraterritorial
235	235	jurisdiction any of the land in the area described by Section 2 of
236	236	the Act enacting this chapter is located.
237	237	Sec. 8489.109. MUNICIPAL ANNEXATION ADJACENT TO DISTRICT.
238	238	For the purposes of Section 43.021(2), Local Government Code, or
239	239	other law, including a municipal charter or ordinance relating to
240	240	annexation, an area adjacent to the district or any new district
241	241	created by the division of the district is considered adjacent to a
242	242	municipality in whose corporate limits or extraterritorial
243	243	jurisdiction any of the land in the area described by Section 2 of
244	244	the Act enacting this chapter is located.
245	245	Sec. 8489.110. LIMITS ON DISTRICT SERVICES. Inside the
246	246	corporate limits or extraterritorial jurisdiction of a
247	247	municipality, the district may not provide without the
248	248	municipality's consent:
249	249	(1) solid waste collection, treatment, or disposal
250	250	services; or
251	251	(2) fire protection services.
252	252	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
253	253	Sec. 8489.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
254	254	district may issue, without an election, bonds and other
255	255	obligations secured by:
256	256	(1) revenue other than ad valorem taxes; or
257	257	(2) contract payments described by Section 8489.153.
258	258	(b) The district must hold an election in the manner
259	259	provided by Chapters 49 and 54, Water Code, to obtain voter approval
260	260	before the district may impose an ad valorem tax or issue bonds
261	261	payable from ad valorem taxes.
262	262	(c) The district may not issue bonds payable from ad valorem
263	263	taxes to finance a road project unless the issuance is approved by a
264	264	vote of a two-thirds majority of the district voters voting at an
265	265	election held for that purpose.
266	266	Sec. 8489.152. OPERATION AND MAINTENANCE TAX. (a) If
267	267	authorized at an election held under Section 8489.151, the district
268	268	may impose an operation and maintenance tax on taxable property in
269	269	the district in accordance with Section 49.107, Water Code.
270	270	(b) The board shall determine the tax rate. The rate may not
271	271	exceed the rate approved at the election.
272	272	Sec. 8489.153. CONTRACT TAXES. (a) In accordance with
273	273	Section 49.108, Water Code, the district may impose a tax other than
274	274	an operation and maintenance tax and use the revenue derived from
275	275	the tax to make payments under a contract after the provisions of
276	276	the contract have been approved by a majority of the district voters
277	277	voting at an election held for that purpose.
278	278	(b) A contract approved by the district voters may contain a
279	279	provision stating that the contract may be modified or amended by
280	280	the board without further voter approval.
281	281	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
282	282	Sec. 8489.201. AUTHORITY TO ISSUE BONDS AND OTHER
283	283	OBLIGATIONS. The district may issue bonds or other obligations
284	284	payable wholly or partly from ad valorem taxes, impact fees,
285	285	revenue, contract payments, grants, or other district money, or any
286	286	combination of those sources, to pay for any authorized district
287	287	purpose.
288	288	Sec. 8489.202. TAXES FOR BONDS. At the time the district
289	289	issues bonds payable wholly or partly from ad valorem taxes, the
290	290	board shall provide for the annual imposition of a continuing
291	291	direct ad valorem tax, without limit as to rate or amount, while all
292	292	or part of the bonds are outstanding as required and in the manner
293	293	provided by Sections 54.601 and 54.602, Water Code.
294	294	Sec. 8489.203. BONDS FOR ROAD PROJECTS. At the time of
295	295	issuance, the total principal amount of bonds or other obligations
296	296	issued or incurred to finance road projects and payable from ad
297	297	valorem taxes may not exceed one-fourth of the assessed value of the
298	298	real property in the district.
299	299	SECTION 2. The Comal County Water Improvement District No.
300	300	3 initially includes all the territory contained in the following
301	301	area:
302	302	TRACT ONE:
303	303	1252.958 acres of land located in the Antonio Maria Esnaurizar
304	304	Eleven League Grant, Survey No. 1, Abstract No. 1, Subdivisions 13,
305	305	14, 15, 16, 17, 18, 19, 20, 21, 22, and 31, Comal County, Texas, and
306	306	being comprised of the following parcels: 1015.410 acre tract as
307	307	described as a 1015.701 acre tract by a SPECIAL WARRANTY DEED from
308	308	NORMANDY TERRACE, INC., a Texas Corporation, JAMES C. NORMAN, NANCY
309	309	NORMAN and SUSAN N. SMITH to LAMROCK 3-2001 LIMITED, a Texas limited
310	310	partnership, executed on April 30, 2001, and recorded in Document
311	311	No. 200106014380 of the Official Public Records of Comal County,
312	312	Texas, and an 85.763 acre tract comprised of a 57.133 acre tract as
313	313	described in a PARTITION DEED between LEE E. JOHNSON and wife JEN
314	314	MEI JOHNSON, executed on September 7, 1983, and recorded in Volume
315	315	351, Pages 931-939 of the Deed Records of Comal County, Texas, and a
316	316	28.500 acre tract as conveyed by SPECIAL WARRANTY DEED dated
317	317	November 3, 1998, and recorded in Document No. 9806027705 of the
318	318	Official Public Records of Comal County, Texas, and 28.477 acres of
319	319	land being out of and a part of a 28.632 acre tract as conveyed by
320	320	SPECIAL WARRANTY DEED from the RESOLUTION TRUST CORPORATION (RTC)
321	321	to M.W. KRAFT, JR., executed on January 14, 1983, and recorded in
322	322	Volume 874, Pages 72-76 of the Official Public Records of Comal
323	323	County, Texas, and 27.474 acres of land being out of and a part of a
324	324	27.611 acre tract as conveyed by GENERAL WARRANTY DEED from MICHAEL
325	325	PAYNTER and wife THETA SCHUG PAYNTER, to MARY EVELYN FREEMAN, filed
326	326	for record on June 10, 1985, and recorded in Volume 451, Pages
327	327	695-697 of the Official Public Records of Comal County, Texas, and
328	328	20.035 acres of land being out of and a part of a 26.6 acre tract as
329	329	conveyed by WARRANTY DEED WITH VENDOR'S LIEN from EGON KOHLENBERG
330	330	ET UX to LAWRENCE KOHLENBERG, and filed for record on October 18,
331	331	1949, and recorded in Volume 92, Pages 43-44 of the Deed Records of
332	332	Comal County, Texas, and also being out of and a part of a 103.75
333	333	acre tract as conveyed by WARRANTY DEED WITH VENDOR'S LIEN from J.M.
334	334	SMITH to EGON KOHLENBERG ET UX, filed for record June 21, 1943, and
335	335	Recorded in Volume 77, Pages 442-443 of the Deed Records of Comal
336	336	County, Texas, and 74.803 acres of land being out of and a part of a
337	337	74.44 acre tract as conveyed by DEED OF GIFT from DORACILLE
338	338	KOHLENBERG, a widow, to KAREN WESCH and FAYE COOLEY, and filed for
339	339	record on March 4, 1993, and recorded in Volume 873, Pages 228-229
340	340	of the Official Public Records of Comal County, Texas, and being out
341	341	of and a part of a 103.75 acre tract as described in a WARRANTY DEED
342	342	with VENDOR'S LIEN, filed for record June 21, 1943, and recorded in
343	343	Volume 77, Pages 442-443 of the Deed Records of Comal County, Texas,
344	344	and 1.002 acres of land being out of and a part of a 74.44 acre tract
345	345	as conveyed by DEED OF GIFT from DORACHILLE KOHLENBERG, a widow, to
346	346	KAREN WESCH and FAYE COOLEY and filed for record on March 4, 1993,
347	347	and recorded in Volume 873, Pages 228-229 of the Official Public
348	348	Records of Comal County, Texas, and being out of and a part of a
349	349	103.75 acre tract as described in a WARRANTY DEED with VENDOR'S
350	350	LIEN, filed for record June 21, 1943, and recorded in Volume 77,
351	351	Pages 442-443 of the Deed Records of Comal County, Texas, and being
352	352	the same parcel designated as TRACT NO. 2 (1.003 acres) by DEED OF
353	353	GIFT from FAYE COOLEY to KAREN HESTAND, executed on March 14, 1996,
354	354	and recorded in Document No. 9606005988 of the Official Public
355	355	Records of Comal County, Texas, said 1252.958 acres of land being
356	356	more particularly described as follows:
357	357	BEGINNING: at a set 1/2" iron pin with plastic cap in the Southeast
358	358	Right of Way Line of I.H.35 and being the Northernmost corner of
359	359	this parcel and said 1015.701 acre tract and the Westernmost corner
360	360	of a 69.569 acre tract as recorded in Document No. 9506481804 of the
361	361	Official Public Records of Comal County, Texas; and
362	362	THENCE: (1) SOUTH 45 deg. 00' 03" East, (all bearings in this
363	363	description are based on Grid North of the Texas Coordinate System,
364	364	NAD 83 (93) Zone 4204), a distance of 2148.79 feet along the
365	365	Northwest line of this parcel and said 1015.701 acre tract and the
366	366	Southwest line of said 69.569 acre tract to a found 2" iron pipe
367	367	being the Southernmost corner of said 69.569 acre tract;
368	368	THENCE: the following courses along the Northeast line of this
369	369	parcel and said 1015.701 acre tract and the Southwest line of an
370	370	18.092 acre tract as recorded in Volume 972, Page 676 of the
371	371	Official Public Records of Comal County, Texas, and the CUATRO
372	372	AMIGOS SUBDIVISION as recorded in Volume 11, Page 100 of the Map and
373	373	Plat Records of Comal County, Texas, and an 18.062 acre tract as
374	374	recorded in Document No. 9906009211 of the Official Public Records
375	375	of Comal County, Texas, and a 35.370 acre tract as recorded in
376	376	Volume 85, Pages 564-565 of the Deed Records of Comal County, Texas,
377	377	and a 27.00 acre tract as recorded in Volume 433, Page 473 of the
378	378	Deed Records of Comal County, Texas, and a 27.00 acre tract as
379	379	recorded in Volume 433, Page 475 of the Deed Records of Comal County
380	380	Texas, and a 27.00 acre tract as recorded in Volume 433, Page 471 of
381	381	the Deed Records of Comal County, Texas, and a 15.00 acre tract as
382	382	recorded in Volume 862, Page 417 of the Official Public Records of
383	383	Comal County, Texas:
384	384	(2) SOUTH 44 deg. 45' 25" East, a distance of 1675.16 feet to
385	385	a found 60d nail being an angle point;
386	386	(3) SOUTH 44 deg. 16' 57" East, a distance of 243.82 feet to
387	387	a found 60d nail being an angle point;
388	388	(4) SOUTH 46 deg. 04' 58" East, a distance of 1040.03 feet to
389	389	a found 60d nail being an angle point; and
390	390	(5) SOUTH 45 deg. 39' 04" East, a distance of 2159.39 feet to
391	391	a found 1/2" iron pin being the Northernmost corner of a 125.571
392	392	acre tract as recorded in Volume 744, Page 126 of the Official
393	393	Public Records of Comal County, Texas;
394	394	THENCE: the following courses along the Southeast line of this
395	395	parcel and said 1015.701 acre tract and the Northwest line of said
396	396	125.571 acre tract:
397	397	(6) SOUTH 47 deg. 05' 12" West, a distance of 1402.22 feet to
398	398	a found 1/2" iron pin being an angle point;
399	399	(7) SOUTH 41 deg. 11' 48" East, a distance of 52.89 feet to a
400	400	set 1/2" iron pin with plastic cap being an angle point; and
401	401	(8) SOUTH 29 deg. 55' 10" West, a distance of 3.91 feet to a
402	402	set 1/2" iron pin with plastic cap, being an interior corner of this
403	403	parcel and said 1015.701 acre tract and the Westernmost corner of
404	404	said 125.571 acre tract;
405	405	THENCE: (9) SOUTH 44 deg. 18' 16" East, a distance of 759.93 feet
406	406	along the Northeast line of this parcel and said 1015.701 acre tract
407	407	and the Southwest line of said 125.571 acre tract to a set 1/2" iron
408	408	pin with plastic cap being an angle point; and
409	409	(10) SOUTH 44 deg. 50' 59" East, a distance of 2402.27 feet
410	410	along the Northeast line of this parcel and said 1015.701 acre tract
411	411	and the Southwest line of said 125.571 acre tract to a found 1/2"
412	412	iron pin being the Northernmost corner of a 2.301 acre tract as
413	413	recorded in Volume 341, Page 63 of the Deed Records of Comal County,
414	414	Texas;
415	415	THENCE: the following courses along the Southeast line of this
416	416	parcel and said 1015.701 acre tract and the Northwest line of said
417	417	2.301 acre tract and a 2.00 acre tract as recorded in Volume 62,
418	418	Page 862 of the Deed Records of Comal County, Texas:
419	419	(11) SOUTH 44 deg. 34' 13" West, a distance of 633.91 feet to
420	420	a found 1/2" iron pin being an angle point; and
421	421	(12) SOUTH 02 deg. 51' 44" East, a distance of 89.86 feet to
422	422	a set 1/2" iron pin with plastic cap being the Southeast corner of
423	423	this parcel and said 1015.701 acre tract and the Southwest corner of
424	424	said 2.00 acre tract and being in the North Right of Way Line of F.M.
425	425	1101, and being a point of curvature;
426	426	THENCE: the following courses along the South line of this parcel
427	427	and said 1015.701 acre tract and the North Right of Way Line of F.M.
428	428	1101:
429	429	(13) 493.60 feet along the arc of a curve to the right,
430	430	having a radius of 3769.80 feet, and a central angle of 07 deg. 30'
431	431	07", and whose chord bears South 84 deg. 31' 13" West, a distance of
432	432	493.25 feet to a found concrete highway monument (Type I);
433	433	(14) SOUTH 88 deg. 19' 44" West, a distance of 800.02 feet to
434	434	a found concrete highway monument (Type I) being an angle point;
435	435	(15) SOUTH 88 deg. 19' 51" West, a distance of 1598.80 feet
436	436	to a found concrete highway monument (Type I) being an angle point;
437	437	(16) NORTH 86 deg. 11' 44" West, a distance of 295.61 feet to
438	438	a found concrete monument (Type I) being an angle point;
439	439	(17) SOUTH 88 deg. 44' 07" West, a distance of 169.63 feet to
440	440	a found concrete highway monument (Type I) being an angle point; and
441	441	(18) SOUTH 79 deg. 04' 08" West, a distance of 298.47 feet to
442	442	a found steel fence post being the Southwest corner of said 1015.701
443	443	acre tract and the Easternmost corner of an 119.882 acre tract as
444	444	recorded in Volume 1015, Page 444 of the Official Public Records of
445	445	Comal County, Texas;
446	446	THENCE: the following courses along the Southwest line of this
447	447	parcel and said 1015.701 acre tract and the Northeast line of said
448	448	119.882 acre tract:
449	449	(19) NORTH 45 deg. 28' 52" West, a distance of 1565.19 feet
450	450	to a found 1/4" iron pin being an interior corner of this parcel and
451	451	said 1015.701 acre tract;
452	452	(20) SOUTH 57 deg. 43' 21" West, a distance of 155.81 feet to
453	453	a found fence post being an angle point;
454	454	(21) SOUTH 57 deg. 21' 38" West, a distance of 836.82 feet to
455	455	a found 3/8" iron pin being an exterior corner of this parcel and
456	456	said 1015.701 acre tract;
457	457	(22) NORTH 44 deg. 02' 14" West, a distance of 507.09 feet to
458	458	a found fence post being an angle point; and
459	459	(23) NORTH 45 deg. 03' 47" West, a distance of 469.71 feet to
460	460	a found 3/8" iron pin being the Easternmost corner of a 57.133 acre
461	461	tract as recorded in Volume 351, Pages 931-939 of the Deed Records
462	462	of Comal County, Texas; and
463	463	THENCE: (24) SOUTH 56 deg. 54' 03" West, a distance of 1110.45
464	464	feet along the Southeast line of this parcel and said 57.133 acre
465	465	tract and said 28.500 acre tract and the Northeast line of said
466	466	119.882 acre tract to a found 1/2" iron pin being the Southernmost
467	467	corner of said 28.500 acre tract and the Easternmost corner of a
468	468	28.632 acre tract as recorded in Volume 874, Pages 72-76 of the Deed
469	469	Records of Comal County, Texas;
470	470	THENCE: (25) SOUTH 56 deg. 54' 03" West, a distance of 439.45 feet
471	471	along the Southeast line of this parcel and said 28.632 acre tract
472	472	and the Northwest line of said 119.882 acre tract to a found 1/2"
473	473	iron pin being the Southernmost corner of said 28.632 acre tract and
474	474	the Easternmost corner of a 27.611 acre tract as recorded in Volume
475	475	451, Pages 695-697 of the Deed Records of Comal County, Texas;
476	476	THENCE: (26) SOUTH 56 deg. 53' 33" West, a distance of 320.67 feet
477	477	along the Southeast line of this parcel and said 27.611 acre tract
478	478	and the Northwest line of said 119.882 acre tract to a found 3/8"
479	479	iron pin in the Northeast line of a 74.44 acre tract as recorded in
480	480	Volume 873, Pages 228-229 of the Official Public Records of Comal
481	481	County, Texas, and being the Southernmost corner of this parcel and
482	482	said 27.611 acre tract;
483	483	THENCE: (27) SOUTH 44 deg. 49' 00" East, a distance of 291.65 feet
484	484	along the Northeast line of this parcel and said 74.44 acre tract
485	485	and the Southwest line of said 119.882 acre tract to a wood corner
486	486	post being the Easternmost corner of said 74.44 acre tract;
487	487	THENCE: (28) SOUTH 45 deg. 08' 03" West, a distance of 1414.62
488	488	feet along the Southeast line of this parcel and said 74.44 acre
489	489	tract and the Northwest line of a 49.18 acre tract as recorded in
490	490	Document No. 200006018425 of the Official Public Records of Comal
491	491	County, Texas, and a 3.00 acre tract as recorded in Volume 512, Page
492	492	254 of the Deed Records of Comal County, Texas, to a set 1/2" iron
493	493	pin with plastic cap in the Northeast Right of Way Line of
494	494	Kohlenberg Road, and being the Southernmost corner of said 74.44
495	495	acre tract and the Westernmost corner of said 3.000 acre tract;
496	496	THENCE: (29) NORTH 44 deg. 37' 29" West, a distance of 1423.84
497	497	feet along the Southwest line of this parcel and said 74.44 acre
498	498	tract and said 103.75 acre tract and the Northeast Right of Way Line
499	499	of Kohlenberg Road to a set 1/2" iron pin with plastic cap being the
500	500	Southernmost corner of a 1.736 acre tract and designated as TRACT
501	501	NO. 1, and recorded in Document No. 9606005988 of the Official
502	502	Public Records of Comal County, Texas;
503	503	THENCE: (30) NORTH 33 deg. 57' 40" East, a distance of 411.84 feet
504	504	along the Northwest line of this parcel and the Southeast line of
505	505	said 1.736 acre tract to a found 3/8" iron pin being the Easternmost
506	506	corner of this parcel;
507	507	THENCE: (31) NORTH 68 deg. 19' 31" West, a distance of 242.07 feet
508	508	along the Southwest line of this parcel and the Northeast line of
509	509	said 1.736 acre tract to a found 1/2" iron pin being the
510	510	Northernmost corner of said 1.736 acre tract; and
511	511	THENCE: (32) SOUTH 22 deg. 37' 45" West, a distance of 332.23 feet
512	512	along the Southeast line of this parcel and the Northwest line of
513	513	said 1.736 acre tract to a found 1/2" iron pin in the Northeast
514	514	Right of Way Line of Kohlenberg Road, and being the Westernmost
515	515	corner of said 1.736 acre tract;
516	516	THENCE: the following courses along the Southwest line of this
517	517	parcel and said 74.44 acre tract and the Northeast Right of Way Line
518	518	of said Kohlenberg Road, and the cutback Right of Way Line to
519	519	I.H.35:
520	520	(33) NORTH 44 deg. 37' 29" West, a distance of 399.53 feet to
521	521	a found concrete highway monument (Type I) and being an angle point;
522	522	(34) NORTH 34 deg. 38' 01" West, a distance of 102.61 feet to
523	523	a found concrete highway monument (Type I) being an angle point;
524	524	(35) NORTH 44 deg. 39' 10" West, a distance of 149.81 feet to
525	525	a found concrete highway monument (Type I) being an angle point;
526	526	(36) NORTH 32 deg. 12' 31" West, a distance of 174.23 feet to
527	527	said 74.44 acre tract and the Southernmost corner of a 19.31 acre
528	528	tract as recorded in Volume 92, Pages 43-44 of the Deed Records of
529	529	Comal County, Texas;
530	530	(37) NORTH 32 deg. 12' 31" West, a distance of 48.81 feet to
531	531	a found concrete highway monument (Type I) being an angle point;
532	532	(38) NORTH 17 deg. 45' 14" West, a distance of 210.69 feet to
533	533	a found concrete highway monument (Type I) being an angle point;
534	534	(39) NORTH 06 deg. 34' 20" West, a distance of 302.39 feet to
535	535	a found concrete highway monument (Type I) being an angle point; and
536	536	(40) NORTH 58 deg. 18' 56" West, a distance of 173.56 feet to
537	537	a found concrete highway monument (Type I) at the intersection of
538	538	the Southeast Right of Way Line of I.H. 35 with the Northeast
539	539	cutback line of Kohlenberg Road and being the Westernmost corner of
540	540	this parcel and said 19.31 acre tract;
541	541	THENCE: (41) NORTH 31 deg. 26' 12" East, a distance of 1091.64
542	542	feet along the Northwest line of this parcel and the Southeast Right
543	543	of Way Line of said I.H.35 to a set 1/2" iron pin with plastic cap
544	544	being the Northernmost corner of this parcel and the Westernmost
545	545	corner of a 3.560 acre tract as recorded in Document No.
546	546	200406003961 of the Official Public Records of Comal County, Texas;
547	547	THENCE: (42) SOUTH 45 deg. 19' 36" East, a distance of 610.43 feet
548	548	along the Northeast line of this parcel and said 19.31 acre tract
549	549	and said 103.75 acre tract and the Southwest line of said 3.560 acre
550	550	tract to a found 1/2" iron pin being the Southernmost corner of said
551	551	3.560 acre tract;
552	552	THENCE: (43) NORTH 38 deg. 14' 02" East, a distance of 296.28 feet
553	553	along the Northwest line of this parcel and said 27.611 acre tract
554	554	and the Southeast line of said 3.560 acre tract to a found 1/2" iron
555	555	pin being the Easternmost corner of said 3.560 acre tract;
556	556	THENCE: (44) NORTH 53 deg. 45' 08" West, a distance of 631.50 feet
557	557	along the Southwest line of this parcel and said 27.611 acre tract
558	558	and the Northeast line of said 3.560 acre tract to a found 1/2" iron
559	559	pin in the Southeast Right of Way Line of said I.H. 35, and being the
560	560	Northernmost corner of said 3.560 acre tract;
561	561	THENCE: (45) NORTH 31 deg. 26' 12" East, a distance of 245.64 feet
562	562	along the Northwest line of this parcel and said 27.611 acre tract
563	563	and the Southeast Right of Way Line of said I.H. 35 to a found 1/2"
564	564	iron pin being the Westernmost corner of the remainder of a 2.35
565	565	acre tract as recorded in Volume 293, Pages 371-373 of the Deed
566	566	Records of Comal County, Texas;
567	567	THENCE: (46) SOUTH 41 deg. 20' 52" East, a distance of 507.94 feet
568	568	along the Northeast line of this parcel and said 27.611 acre tract
569	569	and the Southwest line of said 2.35 acre tract to a found 1/2" iron
570	570	pin being the Southernmost corner of said 2.35 acre tract;
571	571	THENCE: (47) NORTH 53 deg. 30' 10" East, a distance of 151.22 feet
572	572	along the Northwest line of this parcel and said 27.611 acre tract
573	573	and the Southeast line of said 2.35 acre tract to a found 1/2" iron
574	574	pin being the Easternmost corner of said 2.35 acre tract and the
575	575	Southwest line of said 28.632 acre tract;
576	576	THENCE: (48) NORTH 41 deg. 10' 27" West, a distance of 567.95 feet
577	577	along the Southwest line of this parcel and said 28.632 acre tract
578	578	and the Northeast line of said 2.35 acre tract to a found 1/2" iron
579	579	pin in the Southeast Right of Way Line of I.H.35;
580	580	THENCE: (49) NORTH 31 deg. 26' 12" East, a distance of 249.72 feet
581	581	along the Northwest line of this parcel and said 28.632 acre tract
582	582	and the Southeast Right of Way Line of I.H.35 to a set 1/2" iron pin
583	583	with plastic cap being a point of curvature;
584	584	THENCE: (50) 152.44 feet along the arc of a curve to the right,
585	585	having a radius of 22784.31 feet, and a central angle of 00 deg. 23'
586	586	00", and whose chord bears North 31 deg. 37' 42" East, a distance of
587	587	152.44 feet to a found concrete highway monument being a point of
588	588	tangency;
589	589	THENCE: (51) NORTH 31 deg. 50' 19" East, a distance of 263.09 feet
590	590	along the Northwest line of this parcel and said 28.500 acre tract
591	591	and the Southeast Right of Way Line of I.H.35 to a found 1/2" iron
592	592	pin being the Northernmost corner of said 28.500 acre tract and the
593	593	Westernmost corner of said 57.133 acre tract;
594	594	THENCE: (52) NORTH 31 deg. 50' 19" East, a distance of 663.99 feet
595	595	along the Northwest line of this parcel and said 57.133 acre tract
596	596	and the Southeast Right of Way Line of I.H.35 to a found 1/2" iron
597	597	pin being the Northernmost corner of said 57.133 acre tract and the
598	598	Westernmost corner of said 1015.707 acre tract;
599	599	THENCE: the following courses along the Northwest line of this
600	600	parcel and said 1015.707 acre tract and the Southeast Right of Way
601	601	Line of I.H.35:
602	602	(53) NORTH 31 deg. 50' 19" East, a distance of 1855.01 feet
603	603	to a found concrete highway monument (Type I) being an angle point;
604	604	(54) NORTH 35 deg. 26' 30" East, a distance of 301.34 feet to
605	605	a found concrete highway monument (Type I) being an angle point;
606	606	THENCE: (55) NORTH 32 deg. 05' 44" East, a distance of 72.07 feet
607	607	to a found concrete highway monument (Type I) being a point of
608	608	curvature;
609	609	THENCE: (56) 543.39 feet along the arc of a curve to the left,
610	610	having a radius of 23072.30 feet, and a central angle of 01 deg. 20'
611	611	58", and whose chord bears North 31 deg. 12' 58" East, a distance of
612	612	543.37 feet to a found concrete highway monument (Type I) being a
613	613	point of tangency;
614	614	THENCE: (57) NORTH 30 deg. 26' 03" East, a distance of 789.05 feet
615	615	to a found concrete highway monument (Type I) being an angle point;
616	616	THENCE: (58) NORTH 26 deg. 48' 12" East, a distance of 299.65 feet
617	617	to a found concrete highway monument (Type I) being an angle point;
618	618	and
619	619	THENCE: (59) NORTH 30 deg. 29' 02" East, a distance of 2033.01
620	620	feet to a set 1/2" iron pin with plastic cap being the POINT OF
621	621	BEGINNING, containing 1252.958 acres of land.
622	622	TRACT TWO
623	623	PART 1:
624	624	635.060 acres (27,663,214 sq. ft.) of land out of the NANCY KENNER
625	625	LEAGUE survey No. 3, Abstract No. 306, Comal County, Texas and being
626	626	designated as a 236.949 acre tract (McDONOUGH) tract as conveyed by
627	627	SPECIAL WARRANTY DEED from NATIONSBANK OF TEXAS, N.A. TRUSTEE to
628	628	JAMES P. McDONOUGH, JR., dated December 31, 1996 and recorded in
629	629	Document No. 9706001893 of the Official Public Records of Comal
630	630	County, Texas and also being comprised of TRACT I (63.024 acre
631	631	tract) and TRACT III (164.150 acre tract) as conveyed by a SPECIAL
632	632	WARRANTY DEED from Bank of America, N.A., as Successor Trustee to
633	633	Nations / Bank of Texas, N.A., Trustee of the Bill and Darolyn Worth
634	634	Living Trust under Agreement dated January 9, 1987 and as Trustee
635	635	under Agreement of the Irvin Management Trust and Larry Irvin to
636	636	James P. McDonough, Jr., dated April 14, 2006 and recorded in
637	637	Document No. 200606016820 of the Official Public Records of Comal
638	638	County, Texas, and also being all of a 170.902 acre tract described
639	639	in a SUBSTITUTE TRUSTEE'S DEED from CECIL W. TALLEY, Trustee to
640	640	CECIL EARL HILLBURN, dated August 6, 1991 and recorded in Volume
641	641	777, Pages 581-586 of the Official Public Records of Comal County,
642	642	Texas said 635.060 acres (27,663,214 sq. ft.) of land being more
643	643	particularly described as follows:
644	644	BEGINNING: at a set 1/2" iron pin with plastic cap "stamped 4233" in
645	645	the Northwest Right of Way Line of I.H. 35 and being Easternmost
646	646	corner of a 9.785 acre tract conveyed by Archie Ladshaw, et al to
647	647	John Ladshaw by Deed dated March 28, 1984 and recorded in Volume
648	648	378, Pages 799-801 of the Official Public Records of Comal County,
649	649	Texas, and the Southernmost corner of this parcel and said 236.949
650	650	acre tract (Grid N = 13,826,036.7772, Grid E = 2,270,776.7688,
651	651	Scale factor of 1.00014 for surface adjustment);
652	652	THENCE: (1) NORTH 46 deg 00'07" West, (all bearings in this
653	653	descriptions are referenced to Grid North of the Texas Coordinate
654	654	System, Zone 4204, NAD 83 (93)), a distance of 3310.77 feet along
655	655	the Southwest line of this parcel and the Northeast line of said
656	656	9.785 acre tract to a found 1/2" iron pin being the Northernmost
657	657	corner of said 9.785 acre tract and an interior corner of this
658	658	parcel;
659	659	THENCE: the following courses along the Southeast line of this
660	660	parcel and said 236.949 acre tract and the Northwest line of said
661	661	9.785 acre tract and a 240.485 acre tract conveyed by Elizabeth
662	662	Wagner, a widow to Archie Ladshaw, et al by Deed dated January 14,
663	663	1967 and recorded in Volume 153, Pages 331-333 of the Deed Records
664	664	of Comal County, Texas and the Northwest line of a 44.290 acre tract
665	665	conveyed by HARVEY PAPE and wife, LEORA PAPE to PAPE'S FAMILY FARM,
666	666	LTD, a Texas Limited Partnership, dated February 27, 2004 and
667	667	recorded in Document No. 200406007834 of the Official Public
668	668	Records of Comal County, Texas:
669	669	(2) SOUTH 44 deg 34'57" West, a distance of 1355.26 feet to a
670	670	found 1/2" iron pin being an angle point;
671	671	(3) SOUTH 45 deg 11'30" East, a distance of 43.65 feet to a
672	672	found 1/2" iron pin being an angle point; and
673	673	(4) SOUTH 44 deg 30'57" West, a distance of 1742.25 feet to a
674	674	found 1/2" iron pin being the Easternmost corner of a 70.688 acre
675	675	tract conveyed by ALAN ROMPLE also known as ALAN E. ROMPEL, SR. and
676	676	wife LINDA ROMPEL to CONRADS ROAD, LTD, dated January 9, 2004, and
677	677	recorded in Document No. 200406000885 of the Official Public
678	678	Records of Comal County, Texas;
679	679	THENCE: (5) NORTH 45 deg 23'39" West, a distance of 3537.43 feet
680	680	along the Southwest line of this parcel and said 236.949 acre tract
681	681	and the Northeast line of said 70.688 acre tract to a set 1/2" iron
682	682	pin with plastic cap "stamped 4233" in the Southeast Right of Way of
683	683	the Union Pacific Railroad (formerly known as the INTERNATIONAL &
684	684	GT NORTHERN RY. CO.) and being the Westernmost corner of this parcel
685	685	and said 236.949 acre tract and the Northernmost corner of said
686	686	70.688 acre tract; and being a point of curvature;
687	687	THENCE: the following courses along the Northwest line of this
688	688	parcel and the Southeast Right of Way line of the Union Pacific
689	689	Railroad:
690	690	(6) 1319.73 feet along the arc of a curve to the right,
691	691	having a radius of 5679.65 feet, and a central angle of 13 deg
692	692	18'48", and whose chord bears North 56 deg 11'48" East, a distance
693	693	of 1316.76 feet to a set 1/2" iron pin with plastic cap "stamped
694	694	4233" being a point of tangency;
695	695	(7) NORTH 62 deg 51'12" East, a distance of 1677.18 feet to a
696	696	set 1/2" iron pin with plastic cap "stamped 4233" being a point of
697	697	curvature; and
698	698	(8) 1022.68 feet along the arc of a curve to the left, having
699	699	a radius of 2914.93 feet and a central angle of 20 deg 06'06", and
700	700	whose chord bears North 52 deg 48'09" East, a distance of 1017.43
701	701	feet to a set 1/2" iron pin with plastic cap "stamped 4233" being a
702	702	point of tangency; and
703	703	(9) NORTH 42 deg. 45' 06" East, a distance of 385.90 feet to
704	704	a set 1/2" iron pin with plastic cap "stamped 4233" being the
705	705	Northernmost corner of this parcel and said 63.024 acre tract and
706	706	the Westernmost corner of a 200.240 acre tract as conveyed by
707	707	SPECIAL WARRANTY DEED WITH VENDOR'S LIEN from MARTIN MARIETTA
708	708	MATERIALS SOUTHWEST, LTD. to BLUEGREEN SOUTHWEST ONE, L.P., A
709	709	Delaware Limited Partnership, executed July 19, 2005 and recorded
710	710	in Document No. 200506026533 of the Official Public Records of
711	711	Comal County, Texas;
712	712	THENCE: (10) SOUTH 45 deg. 58' 46" East, a distance of 2471.01
713	713	feet along the Northeast line of this parcel and said 63.024 acre
714	714	tract and the Southwest line of said 200.240 acre tract to a found
715	715	1/2" iron pin being an interior corner of this parcel and the
716	716	Westernmost corner of said 170.902 acre tract and the Southernmost
717	717	of said 200.240 acre tract;
718	718	THENCE: the following courses along the Northwest line of this
719	719	parcel and said 170.902 acre tract and the Southeast line of said
720	720	200.240 acre tract and a 7.46 acre tract conveyed by MCDONOUGH
721	721	BROTHER'S, INCORPORATED to CITY OF NEW BRAUNFELS (UTILITIES)
722	722	executed June 8, 1979 and recorded in Volume 283, Pages 775-776 of
723	723	the Deed Records of Comal County, Texas;
724	724	(11) NORTH 43 deg 09'01" East, a distance of 2596.32 feet to
725	725	a wood fence post being an angle point; and
726	726	(12) NORTH 42 deg 57'44" East, a distance of 1556.85 feet to
727	727	a found 1/2" iron pin with plastic cap stamped "OVERBY-DESCAMPS"
728	728	being the Northernmost corner said 170.902 acre tract and an
729	729	interior corner of said 200.240 acre tract;
730	730	THENCE: the following courses along the Northeast line of this
731	731	parcel and said 170.902 acre tract and the Southwest line of said
732	732	200.240 acre tract:
733	733	(13) SOUTH 46 deg 50'12" East, a distance of 702.27 feet to a
734	734	set 1/2" iron pin with plastic cap "stamped 4233" being an angle
735	735	point;
736	736	(14) SOUTH 46 deg 29'50" East, a distance of 817.93 feet to a
737	737	wood fence post being an angle point; and
738	738	(15) SOUTH 47 deg 00'31" East, a distance of 722.97 feet to a
739	739	set 1/2" iron pin with plastic cap "stamped 4233" in the Northwest
740	740	Right of Way Line of I.H. 35 and being the Easternmost corner of
741	741	this parcel and said 170.902 acre tract and a re-entrant corner of
742	742	said 200.240 acre tract;
743	743	THENCE: (16) SOUTH 32 deg 08'27" West, a distance of 1684.15 feet
744	744	along the Southeast line of this parcel and said 170.902 acre tract
745	745	and the Northwest Right of Way Line of I.H. 35 to a set 1/2" iron pin
746	746	with plastic cap "stamped 4233" being a re-entrant corner to said
747	747	170.902 acre tract and the Easternmost corner of a 164.150 acre
748	748	tract (designated TRACT III) conveyed by SPECIAL WARRANTY DEED to
749	749	James P. McDonough, Jr., dated April 14, 2006 and recorded in
750	750	Document No. 200606016820 of the Official Public Records of Comal
751	751	County, Texas;
752	752	THENCE: the following courses along the Southeast line of this
753	753	parcel and said 164.150 acre tract and the Northwest Right of Way
754	754	Line of I.H. 35:
755	755	(17) SOUTH 32 deg. 08' 27" West, a distance of 704.69 feet to
756	756	a found Type I TxDOT concrete monument being a point of curvature;
757	757	(18) 338.16 feet along the arc of a curve to the left, having
758	758	a radius of 11,625.15 feet, and a central angle of 01 deg. 40' 00",
759	759	and whose chord bears South 31 deg. 15' 06" West, a distance of
760	760	338.15 feet to a found Type I TxDOT concrete monument being a point
761	761	of tangency;
762	762	(19) SOUTH 30 deg. 29' 02" West, a distance of 1147.92 feet
763	763	to a set 1/2" iron pin with plastic cap "stamped 4233" being an
764	764	angle point;
765	765	(20) SOUTH 34 deg. 18' 02" West, a distance of 300.46 feet to
766	766	a set 1/2" iron pin with plastic cap "stamped 4233" being an angle
767	767	point;
768	768	(21) SOUTH 30 deg. 29' 02" West, a distance of 1000.00 feet
769	769	to a found Type I TxDOT concrete monument being an angle point; and
770	770	(22) SOUTH 26 deg. 39' 57" West, a distance of 266.94 feet to
771	771	a set 1/2" iron pin with plastic cap "stamped 4233" being the
772	772	Southernmost corner of said 164.150 acre tract and the Easternmost
773	773	corner of a 236.949 acre tract as conveyed by SPECIAL WARRANTY DEED
774	774	from NATIONSBANK OF TEXAS, N.A., TRUSTEE to JAMES P. McDONOUGH JR.,
775	775	dated December 31, 1996, and recorded in Document No. 9706001893 of
776	776	the Official Public Records of Comal County, Texas;
777	777	THENCE: the following courses along the Southeast line of this
778	778	parcel and said 236.949 acre tract and the Northwest Right of Way
779	779	Line of said I.H. 35:
780	780	(23) SOUTH 26 deg 39'57" East, a distance of 33.42 feet to a
781	781	set 1/2" iron pin with plastic cap "stamped 4233" being an angle
782	782	point; and
783	783	(24) SOUTH 30 deg 29'02" East, a distance of 49.00 feet to a
784	784	set 1/2" iron pin with plastic cap "STAMPED 4233" being the POINT OF
785	785	BEGINNING, containing 635.060 acres (27,663,214 sq. ft.) of land.
786	786	PART 2:
787	787	96.074 acres (4,184,983 sq. ft.) of land out of the NANCY KENNER
788	788	LEAGUE SURVEY NO. 3, Abstract No. 306, Comal County, Texas, and
789	789	comprising of TRACT II (0.529 of an acre tract), TRACT IV (53.350
790	790	acre tract) and TRACT V (14.423 acre tract) as conveyed by said
791	791	SPECIAL WARRANTY DEED dated April 14, 2006, and recorded in
792	792	Document No. 200606016820 of the Official Public Records of Comal
793	793	County, Texas, and also being all of a 27.593 acre tract as conveyed
794	794	NATIONSBANK OF TEXAS, N.A., TRUSTEE to JAMES P. McDONOUGH, JR.,
795	795	dated December 31, 1996 and recorded in Document No. 9706001893 of
796	796	the Official Public Records of Comal County, Texas, said 96.074
797	797	acres (4,184,983 sq. ft.) of land being more particularly described
798	798	as follows:
799	799	BEGINNING: at a found 1" diameter iron pipe in the Southeast Right
800	800	of Way Line of F.M. Road 1102 and being the Northernmost corner of
801	801	this parcel and said 14.423 acre tract and being the Westernmost
802	802	corner of an 88.193 acre tract (designated as TRACT 3) conveyed by
803	803	SPECIAL WARRANTY DEED WITH VENDOR'S LIEN, to BLUEGREEN SOUTHWEST
804	804	ONE, L.P., a Delaware Partnership, executed on July, 19, 2005 and
805	805	recorded in Document No. 200506026533 of the Official Public
806	806	Records of Comal County, Texas (Grid N = 13,832,027.6173, Grid E =
807	807	2,266,296.3350, Scale factor of 1.00014 for surface adjustment);
808	808	THENCE: (1) SOUTH 46 deg. 01' 39" East, a distance of 1319.31 feet
809	809	along the Northeast line of this parcel and said 14.423 acre tract
810	810	and the Southwest line of said 88.193 acre tract to a found 1/2"
811	811	iron pin in the Northwest Right of Way Line of the Union Pacific
812	812	Railroad (formerly known as the Missouri Kansas and Texas Railroad)
813	813	and being the Easternmost corner of this parcel and said 14.423 acre
814	814	tract and the Southernmost corner of said 88.193 acre tract;
815	815	THENCE: the following courses along the Southeast line of this
816	816	parcel and said TRACT V, TRACT II and TRACT IV and the Northwest
817	817	Right of Way Line of said Union Pacific Railroad:
818	818	(2) SOUTH 42 deg. 45' 06" West, a distance of 365.33 feet to
819	819	a set 1/2" iron pin with plastic cap "stamped 4233" being a point of
820	820	curvature;
821	821	(3) 986.76 feet along the arc of a curve to the right, having
822	822	a radius of 2814.90 feet, and a central angle of 20 deg. 05' 06", and
823	823	whose chord bears South 52 deg. 47' 39" West, a distance of 981.71
824	824	feet to a set 1/2" iron pin with plastic cap "stamped 4233" being a
825	825	point of tangency;
826	826	(4) SOUTH 62 deg. 50' 12" West, a distance of 832.41 feet to
827	827	a set 1/2" iron pin with plastic cap "stamped 4233" being an angle
828	828	point;
829	829	(5) NORTH 45 deg. 03' 04" West, a distance of 52.54 feet to a
830	830	found 1/2" iron pin being an angle point, and
831	831	(6) SOUTH 62 deg. 50' 12" West, a distance of 799.35 feet to
832	832	a set 1/2" iron pin with plastic cap "stamped 4233" being the
833	833	Southernmost corner said 53.350 acre tract and the Easternmost
834	834	corner of a 27.593 acre tract as conveyed by SPECIAL WARRANTY DEED
835	835	from NATIONSBANK OF TEXAS, N.A., TRUSTEE to JAMES P. McDONOUGH,
836	836	JR., dated December 31, 1996 and recorded in Document No.
837	837	9706001893 of the Official Public Records of Comal County, Texas;
838	838	THENCE: the following courses along the Southeast line of this
839	839	parcel and said 27.593 acre tract and the Northwest Right of Way of
840	840	said Union Pacific Railroad:
841	841	(7) SOUTH 62 deg 50'12" West, a distance of 113.44 feet to a
842	842	set 1/2" iron pin with plastic cap "stamped 4233" being a point of
843	843	curvature
844	844	(8) 293.35 feet along the arc of a curve to the left having a
845	845	radius of 5829.65 feet and a central angle of 02 deg 52'59", and
846	846	whose chord bears South 61 deg 23'42" West, a distance of 293.32
847	847	feet to a found 1/2" iron pin being an angle point;
848	848	(9) SOUTH 30 deg 16'22" East, a distance of 50.00 feet to a
849	849	set 1/2" iron pin with plastic cap "stamped 4233" being a point of
850	850	curvature;
851	851	(10) 417.76 feet along the arc of a curve to the left, having
852	852	a radius of 5779.65 feet, and a central angle of 04 deg 08'29", and
853	853	whose chord bears South 57 deg 53'05" West, a distance of 417.67
854	854	feet to a set 1/2" iron pin with plastic cap "stamped 4233" being an
855	855	angle point
856	856	(11) NORTH 44 deg 21'29" West, a distance of 30.48 feet to a
857	857	found 1/2" iron pin being a point of curvature
858	858	(12) 736.56 feet along the arc of a curve to the left, having
859	859	a radius of 5809.65 feet, and a central angle of 07 deg 15'51", and
860	860	whose chord bears South 52 deg 07'44" West, a distance of 736.07
861	861	feet to found 1/2" iron pin being an angle point;
862	862	(13) SOUTH 43 deg 16'40" East, a distance of 30.01 feet to
863	863	set 1/2" iron pin with plastic cap "stamped 4233" being a point of
864	864	curvature;
865	865	(14) 66.71 feet along the arc of a curve to the left, having
866	866	a radius of 5779.65 feet, and a central angle of 00 deg 39'41", and
867	867	whose chord bears South 48 deg 10'31" West, a distance of 66.71 feet
868	868	to a set 1/2" iron pin with plastic cap "stamped 4233" being a point
869	869	of tangency; and
870	870	(15) SOUTH 47 deg 50'41" West, a distance of 437.51 feet to a
871	871	found 1/2" iron pin being the Southernmost corner of the parcel and
872	872	said 27.593 acre tract and the Easternmost corner of a 3 acre tract
873	873	conveyed by SHERMAN W. WEST ET UX TO CLAUDIO MENDEZ ET UX executed
874	874	on May 17, 1962, and recorded in Volume 128, Pages 374-376 of the
875	875	Deed Records of Comal County, Texas.
876	876	THENCE: (16) NORTH 45 deg 40'16" West, a distance of 654.40 feet
877	877	along the Southwest line of this parcel and said 27.593 acre tract
878	878	and the Northeast line of said 3 acre tract to a found 1/2" iron pin
879	879	in the Southeast Right of Way Line of F.M. Road 1102 and being the
880	880	Westernmost corner of this parcel and said 27.593 acre tract and the
881	881	Northernmost corner of said 3 acre tract.
882	882	THENCE: the following courses along the Northwest line of this
883	883	parcel and said 27.593 acre tract and the Southeast Right of Way
884	884	Line of said F.M. Road 1102:
885	885	(17) NORTH 44 deg 22'56" East, a distance of 133.92 feet to a
886	886	found 1/2" iron pin being a point of curvature;
887	887	(18) 645.06 feet along the arc of a curve to the right,
888	888	having a radius of 2824.90 feet, and a central angle of 13 deg
889	889	05'00", and whose chord beard north 50 deg 57'36" East, a distance
890	890	of 643.66 feet to a found 1/2" iron pin being a point of tangency;
891	891	(19) NORTH 57 deg 26'58" East, a distance of 149.84 feet to a
892	892	found 1/2" iron pin being an angle point;
893	893	(20) NORTH 61 deg 11'34" East, a distance of 365.34 feet to a
894	894	found 1/2" iron pin being an angle point;
895	895	(21) NORTH 64 deg 42'33" East, a distance of 388.56 feet to a
896	896	found 1/2" iron pin being a point of curvature; and
897	897	(22) 470.90 feet along the arc of a curve to the left, having
898	898	a radius of 1472.70 feet, and a central angle of 18 deg 19'14", and
899	899	whose chord bears North 55 deg 55'39" East, a distance of 468.90
900	900	feet to a found 1/2" iron pin being the Northernmost corner of said
901	901	27.593 acre tract and the Westernmost corner of said 53.350 acre
902	902	tract (designated as TRACT IV) of said SPECIAL WARRANTY DEED;
903	903	THENCE: the following courses along the Northwest line of this
904	904	parcel and said 53.350 acre tract, said 0.529 of an acre tract, and
905	905	said 14.423 acre tract and the Southeast Right of Way Line of said
906	906	F.M. 1102:
907	907	(23) NORTH 46 deg. 34' 14" East, a distance of 419.44 feet to
908	908	a found 1/2" iron pin being a point of curvature;
909	909	(24) 296.68 feet along the arc of a curve to the left, having
910	910	a radius of 1950.10 feet, and a central angle of 08 deg. 43' 00", and
911	911	whose chords bears North 42 deg. 13' 24" East, a distance of 296.39
912	912	feet to a found 1/2"iron pin being a point of tangency;
913	913	(25) NORTH 37 deg. 52' 39" East, a distance of 625.38 feet to
914	914	a found 1/2" iron pin being a point of curvature;
915	915	(26) 392.79 feet along the arc of a curve to the right,
916	916	having a radius of 5689.70 feet, and a central angle of 03 deg. 57'
917	917	19", and whose chord bears North 39 deg. 59' 23" East, a distance of
918	918	392.71 feet to a set 1/2" iron pin with plastic cap "stamped 4233'
919	919	being a point of tangency;
920	920	(27) NORTH 40 deg. 31' 03" East, a distance of 46.82 feet to
921	921	a found 3/8" iron pin being an angle point;
922	922	(28) NORTH 41 deg. 54' 40" East, a distance of 651.39 feet to
923	923	a found 1/2" iron pin being an angle point;
924	924	(29) NORTH 47 deg. 13' 29" East, a distance of 350.23 feet to
925	925	a found 1/2" iron pin being an angle point; and
926	926	(30) NORTH 52 deg. 37' 59" East, a distance of 47.66 feet to
927	927	a found 1" diameter iron pipe being the POINT OF BEGINNING, and
928	928	containing 96.074 acres (4,184,983 sq. ft.) of land.
929	929	SECTION 3. (a) The legal notice of the intention to
930	930	introduce this Act, setting forth the general substance of this
931	931	Act, has been published as provided by law, and the notice and a
932	932	copy of this Act have been furnished to all persons, agencies,
933	933	officials, or entities to which they are required to be furnished
934	934	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
935	935	Government Code.
936	936	(b) The governor, one of the required recipients, has
937	937	submitted the notice and Act to the Texas Commission on
938	938	Environmental Quality.
939	939	(c) The Texas Commission on Environmental Quality has filed
940	940	its recommendations relating to this Act with the governor, the
941	941	lieutenant governor, and the speaker of the house of
942	942	representatives within the required time.
943	943	(d) All requirements of the constitution and laws of this
944	944	state and the rules and procedures of the legislature with respect
945	945	to the notice, introduction, and passage of this Act are fulfilled
946	946	and accomplished.
947	947	SECTION 4. (a) If this Act does not receive a two-thirds
948	948	vote of all the members elected to each house, Subchapter C, Chapter
949	949	8489, Special District Local Laws Code, as added by Section 1 of
950	950	this Act, is amended by adding Section 8489.111 to read as follows:
951	951	Sec. 8489.111. NO EMINENT DOMAIN POWER. The district may
952	952	not exercise the power of eminent domain.
953	953	(b) This section is not intended to be an expression of a
954	954	legislative interpretation of the requirements of Section 17(c),
955	955	Article I, Texas Constitution.
956	956	SECTION 5. This Act takes effect immediately if it receives
957	957	a vote of two-thirds of all the members elected to each house, as
958	958	provided by Section 39, Article III, Texas Constitution. If this
959	959	Act does not receive the vote necessary for immediate effect, this
960	960	Act takes effect September 1, 2013.
961	961	* * * * *