By: Miller of Comal (Senate Sponsor - Campbell) H.B. No. 3941
(In the Senate - Received from the House May 14, 2013;
May 14, 2013, read first time and referred to Committee on Natural
Resources; May 17, 2013, reported favorably by the following vote:
Yeas 8, Nays 0; May 17, 2013, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Comal County Water Improvement
District No. 3; granting a limited power of eminent domain;
providing authority to issue bonds; providing authority to impose
assessments, fees, or taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 8489 to read as follows:
CHAPTER 8489. COMAL COUNTY WATER IMPROVEMENT DISTRICT NO. 3
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8489.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Director" means a board member.
(4) "District" means the Comal County Water
Improvement District No. 3.
Sec. 8489.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8489.003. CONFIRMATION AND DIRECTORS' ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 8489.004. CONSENT OF MUNICIPALITY AND DEVELOPMENT
AGREEMENT REQUIRED. (a) The temporary directors may not hold an
election under Section 8489.003 until each municipality in whose
corporate limits or extraterritorial jurisdiction the district is
located has:
(1) consented by ordinance or resolution to the
creation of the district and to the inclusion of land in the
district; and
(2) entered into a development agreement under Section
212.172, Local Government Code, with the retail public utility
owned by the municipality that addresses water and wastewater
issues and with the owners of land in the district that addresses
relevant issues, including:
(A) the provision of services other than water or
wastewater services to land in the district, including emergency
services and solid waste collection;
(B) traffic and roadway impacts caused by the
creation of the district;
(C) the amount of debt to be issued by the
district or any new district created by the division of the
district;
(D) a plan for dividing the district, including
the number, location, and size of any new districts created by the
division of the district;
(E) fire flow;
(F) a prohibition against a retail public
utility, as defined by Section 13.002, Water Code, other than the
retail public utility owned by the municipality, from providing
retail water or wastewater service to the property in the district
or a new district created by the division of the district except
with respect to any lands in the district or a new district created
by division of the district that are included within the
certificated service territory of another retail public utility, as
defined by a certificate of public convenience and necessity;
(G) an agreement to comply with the
municipality's most current building codes and ordinances, public
health and safety codes and ordinances, and environmental
regulation codes and ordinances; and
(H) an agreement to comply with the
municipality's most current land use regulations.
(b) The development agreement may not contain a provision
prohibited by Section 212.174, Local Government Code, in relation
to the provision of utility service.
(c) A confirmation election held in violation of this
section is void.
Sec. 8489.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
The district is created to serve a public purpose and benefit.
(b) The district is created to accomplish the purposes of:
(1) a municipal utility district as provided by
general law and Section 59, Article XVI, Texas Constitution; and
(2) Section 52, Article III, Texas Constitution, that
relate to the construction, acquisition, improvement, operation,
or maintenance of macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 8489.006. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act enacting this chapter form a closure. A mistake made in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose a tax; or
(4) legality or operation.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8489.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8489.052, directors serve
staggered four-year terms.
Sec. 8489.052. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) William McLean;
(2) Michael Morrill;
(3) Lance Sallis;
(4) Noah Shaffer; and
(5) Stephen Delgado.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8489.003; or
(2) the fourth anniversary of the effective date of
the Act enacting this chapter.
(c) If permanent directors have not been elected under
Section 8489.003 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 8489.003; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the commission requesting that the
commission appoint as successor temporary directors the five
persons named in the petition. The commission shall appoint as
successor temporary directors the five persons named in the
petition.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8489.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8489.102. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 54, Water Code,
applicable to municipal utility districts created under Section 59,
Article XVI, Texas Constitution.
Sec. 8489.103. AUTHORITY FOR ROAD PROJECTS. Under Section
52, Article III, Texas Constitution, the district may design,
acquire, construct, finance, issue bonds for, improve, operate,
maintain, and convey to this state, a county, or a municipality for
operation and maintenance macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 8489.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
project must meet all applicable construction standards, zoning and
subdivision requirements, and regulations of each municipality in
whose corporate limits or extraterritorial jurisdiction the road
project is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
project must meet all applicable construction standards,
subdivision requirements, and regulations of each county in which
the road project is located.
(c) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 8489.105. WATER AND WASTEWATER INFRASTRUCTURE. (a)
The district may not construct a water or wastewater facility
unless any municipality in whose corporate limits or
extraterritorial jurisdiction the facility is located at the time
of construction has approved the plans and specifications of the
facility.
(b) On completion of a water or wastewater facility
described in a development agreement between the district and a
municipality, the district shall convey the facility to the
municipality or to the retail public utility owned by the
municipality, free of all liens, claims, or encumbrances, in the
form and manner acceptable to the municipality or retail public
utility.
Sec. 8489.106. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
OR RESOLUTION AND DEVELOPMENT AGREEMENT. (a) The district shall
comply with all applicable requirements of any ordinance or
resolution that is adopted under Section 54.016 or 54.0165, Water
Code, and that consents to the creation of the district or to the
inclusion of land in the district.
(b) Notwithstanding other law, a municipality may place a
condition or restriction on the creation of the district or
inclusion of land in the district that is:
(1) expressly permitted by Sections 54.016(e) and (i),
Water Code; or
(2) contained in the development agreement entered
into under Section 212.172, Local Government Code, and this
chapter.
Sec. 8489.107. DIVISION OF DISTRICT. (a) The district may
be divided into two or more new districts only if the district:
(1) has no outstanding bonded debt; and
(2) is not imposing ad valorem taxes.
(b) This chapter applies to any new district created by the
division of the district, and a new district has all the powers and
duties of the district.
(c) Any new district created by the division of the district
may not, at the time the new district is created, contain any land
outside the area described by Section 2 of the Act enacting this
chapter.
(d) The board, on its own motion or on receipt of a petition
signed by the owner or owners of a majority of the assessed value of
the real property in the district, may adopt an order dividing the
district.
(e) The board may adopt an order dividing the district
before or after the date the board holds an election under Section
8489.003 to confirm the district's creation.
(f) An order dividing the district shall:
(1) name each new district;
(2) include the metes and bounds description of the
territory of each new district;
(3) appoint temporary directors for each new district;
and
(4) provide for the division of assets and liabilities
between or among the new districts.
(g) On or before the 30th day after the date of adoption of
an order dividing the district, the district shall file the order
with the commission and record the order in the real property
records of each county in which the district is located.
(h) Any new district created by the division of the district
shall hold a confirmation and directors' election as required by
Section 8489.003.
(i) Municipal consent to the creation of the district and to
the inclusion of land in the district granted under Section
8489.004 acts as municipal consent to the creation of any new
district created by the division of the district and to the
inclusion of land in the new district.
(j) Any new district created by the division of the district
must hold an election as required by this chapter to obtain voter
approval before the district may impose a maintenance tax or issue
bonds payable wholly or partly from ad valorem taxes.
Sec. 8489.108. LIMITATION ON ANNEXATION OF LAND BY
DISTRICT. The district or any new district created by the division
of the district may not annex land outside the area described by
Section 2 of the Act enacting this chapter without the consent of
each municipality in whose corporate limits or extraterritorial
jurisdiction any of the land in the area described by Section 2 of
the Act enacting this chapter is located.
Sec. 8489.109. MUNICIPAL ANNEXATION ADJACENT TO DISTRICT.
For the purposes of Section 43.021(2), Local Government Code, or
other law, including a municipal charter or ordinance relating to
annexation, an area adjacent to the district or any new district
created by the division of the district is considered adjacent to a
municipality in whose corporate limits or extraterritorial
jurisdiction any of the land in the area described by Section 2 of
the Act enacting this chapter is located.
Sec. 8489.110. LIMITS ON DISTRICT SERVICES. Inside the
corporate limits or extraterritorial jurisdiction of a
municipality, the district may not provide without the
municipality's consent:
(1) solid waste collection, treatment, or disposal
services; or
(2) fire protection services.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8489.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
district may issue, without an election, bonds and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 8489.153.
(b) The district must hold an election in the manner
provided by Chapters 49 and 54, Water Code, to obtain voter approval
before the district may impose an ad valorem tax or issue bonds
payable from ad valorem taxes.
(c) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
Sec. 8489.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8489.151, the district
may impose an operation and maintenance tax on taxable property in
the district in accordance with Section 49.107, Water Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Sec. 8489.153. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8489.201. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 8489.202. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Sections 54.601 and 54.602, Water Code.
Sec. 8489.203. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other obligations
issued or incurred to finance road projects and payable from ad
valorem taxes may not exceed one-fourth of the assessed value of the
real property in the district.
SECTION 2. The Comal County Water Improvement District No.
3 initially includes all the territory contained in the following
area:
TRACT ONE:
1252.958 acres of land located in the Antonio Maria Esnaurizar
Eleven League Grant, Survey No. 1, Abstract No. 1, Subdivisions 13,
14, 15, 16, 17, 18, 19, 20, 21, 22, and 31, Comal County, Texas, and
being comprised of the following parcels: 1015.410 acre tract as
described as a 1015.701 acre tract by a SPECIAL WARRANTY DEED from
NORMANDY TERRACE, INC., a Texas Corporation, JAMES C. NORMAN, NANCY
NORMAN and SUSAN N. SMITH to LAMROCK 3-2001 LIMITED, a Texas limited
partnership, executed on April 30, 2001, and recorded in Document
No. 200106014380 of the Official Public Records of Comal County,
Texas, and an 85.763 acre tract comprised of a 57.133 acre tract as
described in a PARTITION DEED between LEE E. JOHNSON and wife JEN
MEI JOHNSON, executed on September 7, 1983, and recorded in Volume
351, Pages 931-939 of the Deed Records of Comal County, Texas, and a
28.500 acre tract as conveyed by SPECIAL WARRANTY DEED dated
November 3, 1998, and recorded in Document No. 9806027705 of the
Official Public Records of Comal County, Texas, and 28.477 acres of
land being out of and a part of a 28.632 acre tract as conveyed by
SPECIAL WARRANTY DEED from the RESOLUTION TRUST CORPORATION (RTC)
to M.W. KRAFT, JR., executed on January 14, 1983, and recorded in
Volume 874, Pages 72-76 of the Official Public Records of Comal
County, Texas, and 27.474 acres of land being out of and a part of a
27.611 acre tract as conveyed by GENERAL WARRANTY DEED from MICHAEL
PAYNTER and wife THETA SCHUG PAYNTER, to MARY EVELYN FREEMAN, filed
for record on June 10, 1985, and recorded in Volume 451, Pages
695-697 of the Official Public Records of Comal County, Texas, and
20.035 acres of land being out of and a part of a 26.6 acre tract as
conveyed by WARRANTY DEED WITH VENDOR'S LIEN from EGON KOHLENBERG
ET UX to LAWRENCE KOHLENBERG, and filed for record on October 18,
1949, and recorded in Volume 92, Pages 43-44 of the Deed Records of
Comal County, Texas, and also being out of and a part of a 103.75
acre tract as conveyed by WARRANTY DEED WITH VENDOR'S LIEN from J.M.
SMITH to EGON KOHLENBERG ET UX, filed for record June 21, 1943, and
Recorded in Volume 77, Pages 442-443 of the Deed Records of Comal
County, Texas, and 74.803 acres of land being out of and a part of a
74.44 acre tract as conveyed by DEED OF GIFT from DORACILLE
KOHLENBERG, a widow, to KAREN WESCH and FAYE COOLEY, and filed for
record on March 4, 1993, and recorded in Volume 873, Pages 228-229
of the Official Public Records of Comal County, Texas, and being out
of and a part of a 103.75 acre tract as described in a WARRANTY DEED
with VENDOR'S LIEN, filed for record June 21, 1943, and recorded in
Volume 77, Pages 442-443 of the Deed Records of Comal County, Texas,
and 1.002 acres of land being out of and a part of a 74.44 acre tract
as conveyed by DEED OF GIFT from DORACHILLE KOHLENBERG, a widow, to
KAREN WESCH and FAYE COOLEY and filed for record on March 4, 1993,
and recorded in Volume 873, Pages 228-229 of the Official Public
Records of Comal County, Texas, and being out of and a part of a
103.75 acre tract as described in a WARRANTY DEED with VENDOR'S
LIEN, filed for record June 21, 1943, and recorded in Volume 77,
Pages 442-443 of the Deed Records of Comal County, Texas, and being
the same parcel designated as TRACT NO. 2 (1.003 acres) by DEED OF
GIFT from FAYE COOLEY to KAREN HESTAND, executed on March 14, 1996,
and recorded in Document No. 9606005988 of the Official Public
Records of Comal County, Texas, said 1252.958 acres of land being
more particularly described as follows:
BEGINNING: at a set 1/2" iron pin with plastic cap in the Southeast
Right of Way Line of I.H.35 and being the Northernmost corner of
this parcel and said 1015.701 acre tract and the Westernmost corner
of a 69.569 acre tract as recorded in Document No. 9506481804 of the
Official Public Records of Comal County, Texas; and
THENCE: (1) SOUTH 45 deg. 00' 03" East, (all bearings in this
description are based on Grid North of the Texas Coordinate System,
NAD 83 (93) Zone 4204), a distance of 2148.79 feet along the
Northwest line of this parcel and said 1015.701 acre tract and the
Southwest line of said 69.569 acre tract to a found 2" iron pipe
being the Southernmost corner of said 69.569 acre tract;
THENCE: the following courses along the Northeast line of this
parcel and said 1015.701 acre tract and the Southwest line of an
18.092 acre tract as recorded in Volume 972, Page 676 of the
Official Public Records of Comal County, Texas, and the CUATRO
AMIGOS SUBDIVISION as recorded in Volume 11, Page 100 of the Map and
Plat Records of Comal County, Texas, and an 18.062 acre tract as
recorded in Document No. 9906009211 of the Official Public Records
of Comal County, Texas, and a 35.370 acre tract as recorded in
Volume 85, Pages 564-565 of the Deed Records of Comal County, Texas,
and a 27.00 acre tract as recorded in Volume 433, Page 473 of the
Deed Records of Comal County, Texas, and a 27.00 acre tract as
recorded in Volume 433, Page 475 of the Deed Records of Comal County
Texas, and a 27.00 acre tract as recorded in Volume 433, Page 471 of
the Deed Records of Comal County, Texas, and a 15.00 acre tract as
recorded in Volume 862, Page 417 of the Official Public Records of
Comal County, Texas:
(2) SOUTH 44 deg. 45' 25" East, a distance of 1675.16 feet to
a found 60d nail being an angle point;
(3) SOUTH 44 deg. 16' 57" East, a distance of 243.82 feet to
a found 60d nail being an angle point;
(4) SOUTH 46 deg. 04' 58" East, a distance of 1040.03 feet to
a found 60d nail being an angle point; and
(5) SOUTH 45 deg. 39' 04" East, a distance of 2159.39 feet to
a found 1/2" iron pin being the Northernmost corner of a 125.571
acre tract as recorded in Volume 744, Page 126 of the Official
Public Records of Comal County, Texas;
THENCE: the following courses along the Southeast line of this
parcel and said 1015.701 acre tract and the Northwest line of said
125.571 acre tract:
(6) SOUTH 47 deg. 05' 12" West, a distance of 1402.22 feet to
a found 1/2" iron pin being an angle point;
(7) SOUTH 41 deg. 11' 48" East, a distance of 52.89 feet to a
set 1/2" iron pin with plastic cap being an angle point; and
(8) SOUTH 29 deg. 55' 10" West, a distance of 3.91 feet to a
set 1/2" iron pin with plastic cap, being an interior corner of this
parcel and said 1015.701 acre tract and the Westernmost corner of
said 125.571 acre tract;
THENCE: (9) SOUTH 44 deg. 18' 16" East, a distance of 759.93 feet
along the Northeast line of this parcel and said 1015.701 acre tract
and the Southwest line of said 125.571 acre tract to a set 1/2" iron
pin with plastic cap being an angle point; and
(10) SOUTH 44 deg. 50' 59" East, a distance of 2402.27 feet
along the Northeast line of this parcel and said 1015.701 acre tract
and the Southwest line of said 125.571 acre tract to a found 1/2"
iron pin being the Northernmost corner of a 2.301 acre tract as
recorded in Volume 341, Page 63 of the Deed Records of Comal County,
Texas;
THENCE: the following courses along the Southeast line of this
parcel and said 1015.701 acre tract and the Northwest line of said
2.301 acre tract and a 2.00 acre tract as recorded in Volume 62,
Page 862 of the Deed Records of Comal County, Texas:
(11) SOUTH 44 deg. 34' 13" West, a distance of 633.91 feet to
a found 1/2" iron pin being an angle point; and
(12) SOUTH 02 deg. 51' 44" East, a distance of 89.86 feet to
a set 1/2" iron pin with plastic cap being the Southeast corner of
this parcel and said 1015.701 acre tract and the Southwest corner of
said 2.00 acre tract and being in the North Right of Way Line of F.M.
1101, and being a point of curvature;
THENCE: the following courses along the South line of this parcel
and said 1015.701 acre tract and the North Right of Way Line of F.M.
1101:
(13) 493.60 feet along the arc of a curve to the right,
having a radius of 3769.80 feet, and a central angle of 07 deg. 30'
07", and whose chord bears South 84 deg. 31' 13" West, a distance of
493.25 feet to a found concrete highway monument (Type I);
(14) SOUTH 88 deg. 19' 44" West, a distance of 800.02 feet to
a found concrete highway monument (Type I) being an angle point;
(15) SOUTH 88 deg. 19' 51" West, a distance of 1598.80 feet
to a found concrete highway monument (Type I) being an angle point;
(16) NORTH 86 deg. 11' 44" West, a distance of 295.61 feet to
a found concrete monument (Type I) being an angle point;
(17) SOUTH 88 deg. 44' 07" West, a distance of 169.63 feet to
a found concrete highway monument (Type I) being an angle point; and
(18) SOUTH 79 deg. 04' 08" West, a distance of 298.47 feet to
a found steel fence post being the Southwest corner of said 1015.701
acre tract and the Easternmost corner of an 119.882 acre tract as
recorded in Volume 1015, Page 444 of the Official Public Records of
Comal County, Texas;
THENCE: the following courses along the Southwest line of this
parcel and said 1015.701 acre tract and the Northeast line of said
119.882 acre tract:
(19) NORTH 45 deg. 28' 52" West, a distance of 1565.19 feet
to a found 1/4" iron pin being an interior corner of this parcel and
said 1015.701 acre tract;
(20) SOUTH 57 deg. 43' 21" West, a distance of 155.81 feet to
a found fence post being an angle point;
(21) SOUTH 57 deg. 21' 38" West, a distance of 836.82 feet to
a found 3/8" iron pin being an exterior corner of this parcel and
said 1015.701 acre tract;
(22) NORTH 44 deg. 02' 14" West, a distance of 507.09 feet to
a found fence post being an angle point; and
(23) NORTH 45 deg. 03' 47" West, a distance of 469.71 feet to
a found 3/8" iron pin being the Easternmost corner of a 57.133 acre
tract as recorded in Volume 351, Pages 931-939 of the Deed Records
of Comal County, Texas; and
THENCE: (24) SOUTH 56 deg. 54' 03" West, a distance of 1110.45
feet along the Southeast line of this parcel and said 57.133 acre
tract and said 28.500 acre tract and the Northeast line of said
119.882 acre tract to a found 1/2" iron pin being the Southernmost
corner of said 28.500 acre tract and the Easternmost corner of a
28.632 acre tract as recorded in Volume 874, Pages 72-76 of the Deed
Records of Comal County, Texas;
THENCE: (25) SOUTH 56 deg. 54' 03" West, a distance of 439.45 feet
along the Southeast line of this parcel and said 28.632 acre tract
and the Northwest line of said 119.882 acre tract to a found 1/2"
iron pin being the Southernmost corner of said 28.632 acre tract and
the Easternmost corner of a 27.611 acre tract as recorded in Volume
451, Pages 695-697 of the Deed Records of Comal County, Texas;
THENCE: (26) SOUTH 56 deg. 53' 33" West, a distance of 320.67 feet
along the Southeast line of this parcel and said 27.611 acre tract
and the Northwest line of said 119.882 acre tract to a found 3/8"
iron pin in the Northeast line of a 74.44 acre tract as recorded in
Volume 873, Pages 228-229 of the Official Public Records of Comal
County, Texas, and being the Southernmost corner of this parcel and
said 27.611 acre tract;
THENCE: (27) SOUTH 44 deg. 49' 00" East, a distance of 291.65 feet
along the Northeast line of this parcel and said 74.44 acre tract
and the Southwest line of said 119.882 acre tract to a wood corner
post being the Easternmost corner of said 74.44 acre tract;
THENCE: (28) SOUTH 45 deg. 08' 03" West, a distance of 1414.62
feet along the Southeast line of this parcel and said 74.44 acre
tract and the Northwest line of a 49.18 acre tract as recorded in
Document No. 200006018425 of the Official Public Records of Comal
County, Texas, and a 3.00 acre tract as recorded in Volume 512, Page
254 of the Deed Records of Comal County, Texas, to a set 1/2" iron
pin with plastic cap in the Northeast Right of Way Line of
Kohlenberg Road, and being the Southernmost corner of said 74.44
acre tract and the Westernmost corner of said 3.000 acre tract;
THENCE: (29) NORTH 44 deg. 37' 29" West, a distance of 1423.84
feet along the Southwest line of this parcel and said 74.44 acre
tract and said 103.75 acre tract and the Northeast Right of Way Line
of Kohlenberg Road to a set 1/2" iron pin with plastic cap being the
Southernmost corner of a 1.736 acre tract and designated as TRACT
NO. 1, and recorded in Document No. 9606005988 of the Official
Public Records of Comal County, Texas;
THENCE: (30) NORTH 33 deg. 57' 40" East, a distance of 411.84 feet
along the Northwest line of this parcel and the Southeast line of
said 1.736 acre tract to a found 3/8" iron pin being the Easternmost
corner of this parcel;
THENCE: (31) NORTH 68 deg. 19' 31" West, a distance of 242.07 feet
along the Southwest line of this parcel and the Northeast line of
said 1.736 acre tract to a found 1/2" iron pin being the
Northernmost corner of said 1.736 acre tract; and
THENCE: (32) SOUTH 22 deg. 37' 45" West, a distance of 332.23 feet
along the Southeast line of this parcel and the Northwest line of
said 1.736 acre tract to a found 1/2" iron pin in the Northeast
Right of Way Line of Kohlenberg Road, and being the Westernmost
corner of said 1.736 acre tract;
THENCE: the following courses along the Southwest line of this
parcel and said 74.44 acre tract and the Northeast Right of Way Line
of said Kohlenberg Road, and the cutback Right of Way Line to
I.H.35:
(33) NORTH 44 deg. 37' 29" West, a distance of 399.53 feet to
a found concrete highway monument (Type I) and being an angle point;
(34) NORTH 34 deg. 38' 01" West, a distance of 102.61 feet to
a found concrete highway monument (Type I) being an angle point;
(35) NORTH 44 deg. 39' 10" West, a distance of 149.81 feet to
a found concrete highway monument (Type I) being an angle point;
(36) NORTH 32 deg. 12' 31" West, a distance of 174.23 feet to
said 74.44 acre tract and the Southernmost corner of a 19.31 acre
tract as recorded in Volume 92, Pages 43-44 of the Deed Records of
Comal County, Texas;
(37) NORTH 32 deg. 12' 31" West, a distance of 48.81 feet to
a found concrete highway monument (Type I) being an angle point;
(38) NORTH 17 deg. 45' 14" West, a distance of 210.69 feet to
a found concrete highway monument (Type I) being an angle point;
(39) NORTH 06 deg. 34' 20" West, a distance of 302.39 feet to
a found concrete highway monument (Type I) being an angle point; and
(40) NORTH 58 deg. 18' 56" West, a distance of 173.56 feet to
a found concrete highway monument (Type I) at the intersection of
the Southeast Right of Way Line of I.H. 35 with the Northeast
cutback line of Kohlenberg Road and being the Westernmost corner of
this parcel and said 19.31 acre tract;
THENCE: (41) NORTH 31 deg. 26' 12" East, a distance of 1091.64
feet along the Northwest line of this parcel and the Southeast Right
of Way Line of said I.H.35 to a set 1/2" iron pin with plastic cap
being the Northernmost corner of this parcel and the Westernmost
corner of a 3.560 acre tract as recorded in Document No.
200406003961 of the Official Public Records of Comal County, Texas;
THENCE: (42) SOUTH 45 deg. 19' 36" East, a distance of 610.43 feet
along the Northeast line of this parcel and said 19.31 acre tract
and said 103.75 acre tract and the Southwest line of said 3.560 acre
tract to a found 1/2" iron pin being the Southernmost corner of said
3.560 acre tract;
THENCE: (43) NORTH 38 deg. 14' 02" East, a distance of 296.28 feet
along the Northwest line of this parcel and said 27.611 acre tract
and the Southeast line of said 3.560 acre tract to a found 1/2" iron
pin being the Easternmost corner of said 3.560 acre tract;
THENCE: (44) NORTH 53 deg. 45' 08" West, a distance of 631.50 feet
along the Southwest line of this parcel and said 27.611 acre tract
and the Northeast line of said 3.560 acre tract to a found 1/2" iron
pin in the Southeast Right of Way Line of said I.H. 35, and being the
Northernmost corner of said 3.560 acre tract;
THENCE: (45) NORTH 31 deg. 26' 12" East, a distance of 245.64 feet
along the Northwest line of this parcel and said 27.611 acre tract
and the Southeast Right of Way Line of said I.H. 35 to a found 1/2"
iron pin being the Westernmost corner of the remainder of a 2.35
acre tract as recorded in Volume 293, Pages 371-373 of the Deed
Records of Comal County, Texas;
THENCE: (46) SOUTH 41 deg. 20' 52" East, a distance of 507.94 feet
along the Northeast line of this parcel and said 27.611 acre tract
and the Southwest line of said 2.35 acre tract to a found 1/2" iron
pin being the Southernmost corner of said 2.35 acre tract;
THENCE: (47) NORTH 53 deg. 30' 10" East, a distance of 151.22 feet
along the Northwest line of this parcel and said 27.611 acre tract
and the Southeast line of said 2.35 acre tract to a found 1/2" iron
pin being the Easternmost corner of said 2.35 acre tract and the
Southwest line of said 28.632 acre tract;
THENCE: (48) NORTH 41 deg. 10' 27" West, a distance of 567.95 feet
along the Southwest line of this parcel and said 28.632 acre tract
and the Northeast line of said 2.35 acre tract to a found 1/2" iron
pin in the Southeast Right of Way Line of I.H.35;
THENCE: (49) NORTH 31 deg. 26' 12" East, a distance of 249.72 feet
along the Northwest line of this parcel and said 28.632 acre tract
and the Southeast Right of Way Line of I.H.35 to a set 1/2" iron pin
with plastic cap being a point of curvature;
THENCE: (50) 152.44 feet along the arc of a curve to the right,
having a radius of 22784.31 feet, and a central angle of 00 deg. 23'
00", and whose chord bears North 31 deg. 37' 42" East, a distance of
152.44 feet to a found concrete highway monument being a point of
tangency;
THENCE: (51) NORTH 31 deg. 50' 19" East, a distance of 263.09 feet
along the Northwest line of this parcel and said 28.500 acre tract
and the Southeast Right of Way Line of I.H.35 to a found 1/2" iron
pin being the Northernmost corner of said 28.500 acre tract and the
Westernmost corner of said 57.133 acre tract;
THENCE: (52) NORTH 31 deg. 50' 19" East, a distance of 663.99 feet
along the Northwest line of this parcel and said 57.133 acre tract
and the Southeast Right of Way Line of I.H.35 to a found 1/2" iron
pin being the Northernmost corner of said 57.133 acre tract and the
Westernmost corner of said 1015.707 acre tract;
THENCE: the following courses along the Northwest line of this
parcel and said 1015.707 acre tract and the Southeast Right of Way
Line of I.H.35:
(53) NORTH 31 deg. 50' 19" East, a distance of 1855.01 feet
to a found concrete highway monument (Type I) being an angle point;
(54) NORTH 35 deg. 26' 30" East, a distance of 301.34 feet to
a found concrete highway monument (Type I) being an angle point;
THENCE: (55) NORTH 32 deg. 05' 44" East, a distance of 72.07 feet
to a found concrete highway monument (Type I) being a point of
curvature;
THENCE: (56) 543.39 feet along the arc of a curve to the left,
having a radius of 23072.30 feet, and a central angle of 01 deg. 20'
58", and whose chord bears North 31 deg. 12' 58" East, a distance of
543.37 feet to a found concrete highway monument (Type I) being a
point of tangency;
THENCE: (57) NORTH 30 deg. 26' 03" East, a distance of 789.05 feet
to a found concrete highway monument (Type I) being an angle point;
THENCE: (58) NORTH 26 deg. 48' 12" East, a distance of 299.65 feet
to a found concrete highway monument (Type I) being an angle point;
and
THENCE: (59) NORTH 30 deg. 29' 02" East, a distance of 2033.01
feet to a set 1/2" iron pin with plastic cap being the POINT OF
BEGINNING, containing 1252.958 acres of land.
TRACT TWO
PART 1:
635.060 acres (27,663,214 sq. ft.) of land out of the NANCY KENNER
LEAGUE survey No. 3, Abstract No. 306, Comal County, Texas and being
designated as a 236.949 acre tract (McDONOUGH) tract as conveyed by
SPECIAL WARRANTY DEED from NATIONSBANK OF TEXAS, N.A. TRUSTEE to
JAMES P. McDONOUGH, JR., dated December 31, 1996 and recorded in
Document No. 9706001893 of the Official Public Records of Comal
County, Texas and also being comprised of TRACT I (63.024 acre
tract) and TRACT III (164.150 acre tract) as conveyed by a SPECIAL
WARRANTY DEED from Bank of America, N.A., as Successor Trustee to
Nations / Bank of Texas, N.A., Trustee of the Bill and Darolyn Worth
Living Trust under Agreement dated January 9, 1987 and as Trustee
under Agreement of the Irvin Management Trust and Larry Irvin to
James P. McDonough, Jr., dated April 14, 2006 and recorded in
Document No. 200606016820 of the Official Public Records of Comal
County, Texas, and also being all of a 170.902 acre tract described
in a SUBSTITUTE TRUSTEE'S DEED from CECIL W. TALLEY, Trustee to
CECIL EARL HILLBURN, dated August 6, 1991 and recorded in Volume
777, Pages 581-586 of the Official Public Records of Comal County,
Texas said 635.060 acres (27,663,214 sq. ft.) of land being more
particularly described as follows:
BEGINNING: at a set 1/2" iron pin with plastic cap "stamped 4233" in
the Northwest Right of Way Line of I.H. 35 and being Easternmost
corner of a 9.785 acre tract conveyed by Archie Ladshaw, et al to
John Ladshaw by Deed dated March 28, 1984 and recorded in Volume
378, Pages 799-801 of the Official Public Records of Comal County,
Texas, and the Southernmost corner of this parcel and said 236.949
acre tract (Grid N = 13,826,036.7772, Grid E = 2,270,776.7688,
Scale factor of 1.00014 for surface adjustment);
THENCE: (1) NORTH 46 deg 00'07" West, (all bearings in this
descriptions are referenced to Grid North of the Texas Coordinate
System, Zone 4204, NAD 83 (93)), a distance of 3310.77 feet along
the Southwest line of this parcel and the Northeast line of said
9.785 acre tract to a found 1/2" iron pin being the Northernmost
corner of said 9.785 acre tract and an interior corner of this
parcel;
THENCE: the following courses along the Southeast line of this
parcel and said 236.949 acre tract and the Northwest line of said
9.785 acre tract and a 240.485 acre tract conveyed by Elizabeth
Wagner, a widow to Archie Ladshaw, et al by Deed dated January 14,
1967 and recorded in Volume 153, Pages 331-333 of the Deed Records
of Comal County, Texas and the Northwest line of a 44.290 acre tract
conveyed by HARVEY PAPE and wife, LEORA PAPE to PAPE'S FAMILY FARM,
LTD, a Texas Limited Partnership, dated February 27, 2004 and
recorded in Document No. 200406007834 of the Official Public
Records of Comal County, Texas:
(2) SOUTH 44 deg 34'57" West, a distance of 1355.26 feet to a
found 1/2" iron pin being an angle point;
(3) SOUTH 45 deg 11'30" East, a distance of 43.65 feet to a
found 1/2" iron pin being an angle point; and
(4) SOUTH 44 deg 30'57" West, a distance of 1742.25 feet to a
found 1/2" iron pin being the Easternmost corner of a 70.688 acre
tract conveyed by ALAN ROMPLE also known as ALAN E. ROMPEL, SR. and
wife LINDA ROMPEL to CONRADS ROAD, LTD, dated January 9, 2004, and
recorded in Document No. 200406000885 of the Official Public
Records of Comal County, Texas;
THENCE: (5) NORTH 45 deg 23'39" West, a distance of 3537.43 feet
along the Southwest line of this parcel and said 236.949 acre tract
and the Northeast line of said 70.688 acre tract to a set 1/2" iron
pin with plastic cap "stamped 4233" in the Southeast Right of Way of
the Union Pacific Railroad (formerly known as the INTERNATIONAL &
GT NORTHERN RY. CO.) and being the Westernmost corner of this parcel
and said 236.949 acre tract and the Northernmost corner of said
70.688 acre tract; and being a point of curvature;
THENCE: the following courses along the Northwest line of this
parcel and the Southeast Right of Way line of the Union Pacific
Railroad:
(6) 1319.73 feet along the arc of a curve to the right,
having a radius of 5679.65 feet, and a central angle of 13 deg
18'48", and whose chord bears North 56 deg 11'48" East, a distance
of 1316.76 feet to a set 1/2" iron pin with plastic cap "stamped
4233" being a point of tangency;
(7) NORTH 62 deg 51'12" East, a distance of 1677.18 feet to a
set 1/2" iron pin with plastic cap "stamped 4233" being a point of
curvature; and
(8) 1022.68 feet along the arc of a curve to the left, having
a radius of 2914.93 feet and a central angle of 20 deg 06'06", and
whose chord bears North 52 deg 48'09" East, a distance of 1017.43
feet to a set 1/2" iron pin with plastic cap "stamped 4233" being a
point of tangency; and
(9) NORTH 42 deg. 45' 06" East, a distance of 385.90 feet to
a set 1/2" iron pin with plastic cap "stamped 4233" being the
Northernmost corner of this parcel and said 63.024 acre tract and
the Westernmost corner of a 200.240 acre tract as conveyed by
SPECIAL WARRANTY DEED WITH VENDOR'S LIEN from MARTIN MARIETTA
MATERIALS SOUTHWEST, LTD. to BLUEGREEN SOUTHWEST ONE, L.P., A
Delaware Limited Partnership, executed July 19, 2005 and recorded
in Document No. 200506026533 of the Official Public Records of
Comal County, Texas;
THENCE: (10) SOUTH 45 deg. 58' 46" East, a distance of 2471.01
feet along the Northeast line of this parcel and said 63.024 acre
tract and the Southwest line of said 200.240 acre tract to a found
1/2" iron pin being an interior corner of this parcel and the
Westernmost corner of said 170.902 acre tract and the Southernmost
of said 200.240 acre tract;
THENCE: the following courses along the Northwest line of this
parcel and said 170.902 acre tract and the Southeast line of said
200.240 acre tract and a 7.46 acre tract conveyed by MCDONOUGH
BROTHER'S, INCORPORATED to CITY OF NEW BRAUNFELS (UTILITIES)
executed June 8, 1979 and recorded in Volume 283, Pages 775-776 of
the Deed Records of Comal County, Texas;
(11) NORTH 43 deg 09'01" East, a distance of 2596.32 feet to
a wood fence post being an angle point; and
(12) NORTH 42 deg 57'44" East, a distance of 1556.85 feet to
a found 1/2" iron pin with plastic cap stamped "OVERBY-DESCAMPS"
being the Northernmost corner said 170.902 acre tract and an
interior corner of said 200.240 acre tract;
THENCE: the following courses along the Northeast line of this
parcel and said 170.902 acre tract and the Southwest line of said
200.240 acre tract:
(13) SOUTH 46 deg 50'12" East, a distance of 702.27 feet to a
set 1/2" iron pin with plastic cap "stamped 4233" being an angle
point;
(14) SOUTH 46 deg 29'50" East, a distance of 817.93 feet to a
wood fence post being an angle point; and
(15) SOUTH 47 deg 00'31" East, a distance of 722.97 feet to a
set 1/2" iron pin with plastic cap "stamped 4233" in the Northwest
Right of Way Line of I.H. 35 and being the Easternmost corner of
this parcel and said 170.902 acre tract and a re-entrant corner of
said 200.240 acre tract;
THENCE: (16) SOUTH 32 deg 08'27" West, a distance of 1684.15 feet
along the Southeast line of this parcel and said 170.902 acre tract
and the Northwest Right of Way Line of I.H. 35 to a set 1/2" iron pin
with plastic cap "stamped 4233" being a re-entrant corner to said
170.902 acre tract and the Easternmost corner of a 164.150 acre
tract (designated TRACT III) conveyed by SPECIAL WARRANTY DEED to
James P. McDonough, Jr., dated April 14, 2006 and recorded in
Document No. 200606016820 of the Official Public Records of Comal
County, Texas;
THENCE: the following courses along the Southeast line of this
parcel and said 164.150 acre tract and the Northwest Right of Way
Line of I.H. 35:
(17) SOUTH 32 deg. 08' 27" West, a distance of 704.69 feet to
a found Type I TxDOT concrete monument being a point of curvature;
(18) 338.16 feet along the arc of a curve to the left, having
a radius of 11,625.15 feet, and a central angle of 01 deg. 40' 00",
and whose chord bears South 31 deg. 15' 06" West, a distance of
338.15 feet to a found Type I TxDOT concrete monument being a point
of tangency;
(19) SOUTH 30 deg. 29' 02" West, a distance of 1147.92 feet
to a set 1/2" iron pin with plastic cap "stamped 4233" being an
angle point;
(20) SOUTH 34 deg. 18' 02" West, a distance of 300.46 feet to
a set 1/2" iron pin with plastic cap "stamped 4233" being an angle
point;
(21) SOUTH 30 deg. 29' 02" West, a distance of 1000.00 feet
to a found Type I TxDOT concrete monument being an angle point; and
(22) SOUTH 26 deg. 39' 57" West, a distance of 266.94 feet to
a set 1/2" iron pin with plastic cap "stamped 4233" being the
Southernmost corner of said 164.150 acre tract and the Easternmost
corner of a 236.949 acre tract as conveyed by SPECIAL WARRANTY DEED
from NATIONSBANK OF TEXAS, N.A., TRUSTEE to JAMES P. McDONOUGH JR.,
dated December 31, 1996, and recorded in Document No. 9706001893 of
the Official Public Records of Comal County, Texas;
THENCE: the following courses along the Southeast line of this
parcel and said 236.949 acre tract and the Northwest Right of Way
Line of said I.H. 35:
(23) SOUTH 26 deg 39'57" East, a distance of 33.42 feet to a
set 1/2" iron pin with plastic cap "stamped 4233" being an angle
point; and
(24) SOUTH 30 deg 29'02" East, a distance of 49.00 feet to a
set 1/2" iron pin with plastic cap "STAMPED 4233" being the POINT OF
BEGINNING, containing 635.060 acres (27,663,214 sq. ft.) of land.
PART 2:
96.074 acres (4,184,983 sq. ft.) of land out of the NANCY KENNER
LEAGUE SURVEY NO. 3, Abstract No. 306, Comal County, Texas, and
comprising of TRACT II (0.529 of an acre tract), TRACT IV (53.350
acre tract) and TRACT V (14.423 acre tract) as conveyed by said
SPECIAL WARRANTY DEED dated April 14, 2006, and recorded in
Document No. 200606016820 of the Official Public Records of Comal
County, Texas, and also being all of a 27.593 acre tract as conveyed
NATIONSBANK OF TEXAS, N.A., TRUSTEE to JAMES P. McDONOUGH, JR.,
dated December 31, 1996 and recorded in Document No. 9706001893 of
the Official Public Records of Comal County, Texas, said 96.074
acres (4,184,983 sq. ft.) of land being more particularly described
as follows:
BEGINNING: at a found 1" diameter iron pipe in the Southeast Right
of Way Line of F.M. Road 1102 and being the Northernmost corner of
this parcel and said 14.423 acre tract and being the Westernmost
corner of an 88.193 acre tract (designated as TRACT 3) conveyed by
SPECIAL WARRANTY DEED WITH VENDOR'S LIEN, to BLUEGREEN SOUTHWEST
ONE, L.P., a Delaware Partnership, executed on July, 19, 2005 and
recorded in Document No. 200506026533 of the Official Public
Records of Comal County, Texas (Grid N = 13,832,027.6173, Grid E =
2,266,296.3350, Scale factor of 1.00014 for surface adjustment);
THENCE: (1) SOUTH 46 deg. 01' 39" East, a distance of 1319.31 feet
along the Northeast line of this parcel and said 14.423 acre tract
and the Southwest line of said 88.193 acre tract to a found 1/2"
iron pin in the Northwest Right of Way Line of the Union Pacific
Railroad (formerly known as the Missouri Kansas and Texas Railroad)
and being the Easternmost corner of this parcel and said 14.423 acre
tract and the Southernmost corner of said 88.193 acre tract;
THENCE: the following courses along the Southeast line of this
parcel and said TRACT V, TRACT II and TRACT IV and the Northwest
Right of Way Line of said Union Pacific Railroad:
(2) SOUTH 42 deg. 45' 06" West, a distance of 365.33 feet to
a set 1/2" iron pin with plastic cap "stamped 4233" being a point of
curvature;
(3) 986.76 feet along the arc of a curve to the right, having
a radius of 2814.90 feet, and a central angle of 20 deg. 05' 06", and
whose chord bears South 52 deg. 47' 39" West, a distance of 981.71
feet to a set 1/2" iron pin with plastic cap "stamped 4233" being a
point of tangency;
(4) SOUTH 62 deg. 50' 12" West, a distance of 832.41 feet to
a set 1/2" iron pin with plastic cap "stamped 4233" being an angle
point;
(5) NORTH 45 deg. 03' 04" West, a distance of 52.54 feet to a
found 1/2" iron pin being an angle point, and
(6) SOUTH 62 deg. 50' 12" West, a distance of 799.35 feet to
a set 1/2" iron pin with plastic cap "stamped 4233" being the
Southernmost corner said 53.350 acre tract and the Easternmost
corner of a 27.593 acre tract as conveyed by SPECIAL WARRANTY DEED
from NATIONSBANK OF TEXAS, N.A., TRUSTEE to JAMES P. McDONOUGH,
JR., dated December 31, 1996 and recorded in Document No.
9706001893 of the Official Public Records of Comal County, Texas;
THENCE: the following courses along the Southeast line of this
parcel and said 27.593 acre tract and the Northwest Right of Way of
said Union Pacific Railroad:
(7) SOUTH 62 deg 50'12" West, a distance of 113.44 feet to a
set 1/2" iron pin with plastic cap "stamped 4233" being a point of
curvature
(8) 293.35 feet along the arc of a curve to the left having a
radius of 5829.65 feet and a central angle of 02 deg 52'59", and
whose chord bears South 61 deg 23'42" West, a distance of 293.32
feet to a found 1/2" iron pin being an angle point;
(9) SOUTH 30 deg 16'22" East, a distance of 50.00 feet to a
set 1/2" iron pin with plastic cap "stamped 4233" being a point of
curvature;
(10) 417.76 feet along the arc of a curve to the left, having
a radius of 5779.65 feet, and a central angle of 04 deg 08'29", and
whose chord bears South 57 deg 53'05" West, a distance of 417.67
feet to a set 1/2" iron pin with plastic cap "stamped 4233" being an
angle point
(11) NORTH 44 deg 21'29" West, a distance of 30.48 feet to a
found 1/2" iron pin being a point of curvature
(12) 736.56 feet along the arc of a curve to the left, having
a radius of 5809.65 feet, and a central angle of 07 deg 15'51", and
whose chord bears South 52 deg 07'44" West, a distance of 736.07
feet to found 1/2" iron pin being an angle point;
(13) SOUTH 43 deg 16'40" East, a distance of 30.01 feet to
set 1/2" iron pin with plastic cap "stamped 4233" being a point of
curvature;
(14) 66.71 feet along the arc of a curve to the left, having
a radius of 5779.65 feet, and a central angle of 00 deg 39'41", and
whose chord bears South 48 deg 10'31" West, a distance of 66.71 feet
to a set 1/2" iron pin with plastic cap "stamped 4233" being a point
of tangency; and
(15) SOUTH 47 deg 50'41" West, a distance of 437.51 feet to a
found 1/2" iron pin being the Southernmost corner of the parcel and
said 27.593 acre tract and the Easternmost corner of a 3 acre tract
conveyed by SHERMAN W. WEST ET UX TO CLAUDIO MENDEZ ET UX executed
on May 17, 1962, and recorded in Volume 128, Pages 374-376 of the
Deed Records of Comal County, Texas.
THENCE: (16) NORTH 45 deg 40'16" West, a distance of 654.40 feet
along the Southwest line of this parcel and said 27.593 acre tract
and the Northeast line of said 3 acre tract to a found 1/2" iron pin
in the Southeast Right of Way Line of F.M. Road 1102 and being the
Westernmost corner of this parcel and said 27.593 acre tract and the
Northernmost corner of said 3 acre tract.
THENCE: the following courses along the Northwest line of this
parcel and said 27.593 acre tract and the Southeast Right of Way
Line of said F.M. Road 1102:
(17) NORTH 44 deg 22'56" East, a distance of 133.92 feet to a
found 1/2" iron pin being a point of curvature;
(18) 645.06 feet along the arc of a curve to the right,
having a radius of 2824.90 feet, and a central angle of 13 deg
05'00", and whose chord beard north 50 deg 57'36" East, a distance
of 643.66 feet to a found 1/2" iron pin being a point of tangency;
(19) NORTH 57 deg 26'58" East, a distance of 149.84 feet to a
found 1/2" iron pin being an angle point;
(20) NORTH 61 deg 11'34" East, a distance of 365.34 feet to a
found 1/2" iron pin being an angle point;
(21) NORTH 64 deg 42'33" East, a distance of 388.56 feet to a
found 1/2" iron pin being a point of curvature; and
(22) 470.90 feet along the arc of a curve to the left, having
a radius of 1472.70 feet, and a central angle of 18 deg 19'14", and
whose chord bears North 55 deg 55'39" East, a distance of 468.90
feet to a found 1/2" iron pin being the Northernmost corner of said
27.593 acre tract and the Westernmost corner of said 53.350 acre
tract (designated as TRACT IV) of said SPECIAL WARRANTY DEED;
THENCE: the following courses along the Northwest line of this
parcel and said 53.350 acre tract, said 0.529 of an acre tract, and
said 14.423 acre tract and the Southeast Right of Way Line of said
F.M. 1102:
(23) NORTH 46 deg. 34' 14" East, a distance of 419.44 feet to
a found 1/2" iron pin being a point of curvature;
(24) 296.68 feet along the arc of a curve to the left, having
a radius of 1950.10 feet, and a central angle of 08 deg. 43' 00", and
whose chords bears North 42 deg. 13' 24" East, a distance of 296.39
feet to a found 1/2"iron pin being a point of tangency;
(25) NORTH 37 deg. 52' 39" East, a distance of 625.38 feet to
a found 1/2" iron pin being a point of curvature;
(26) 392.79 feet along the arc of a curve to the right,
having a radius of 5689.70 feet, and a central angle of 03 deg. 57'
19", and whose chord bears North 39 deg. 59' 23" East, a distance of
392.71 feet to a set 1/2" iron pin with plastic cap "stamped 4233'
being a point of tangency;
(27) NORTH 40 deg. 31' 03" East, a distance of 46.82 feet to
a found 3/8" iron pin being an angle point;
(28) NORTH 41 deg. 54' 40" East, a distance of 651.39 feet to
a found 1/2" iron pin being an angle point;
(29) NORTH 47 deg. 13' 29" East, a distance of 350.23 feet to
a found 1/2" iron pin being an angle point; and
(30) NORTH 52 deg. 37' 59" East, a distance of 47.66 feet to
a found 1" diameter iron pipe being the POINT OF BEGINNING, and
containing 96.074 acres (4,184,983 sq. ft.) of land.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 4. (a) If this Act does not receive a two-thirds
vote of all the members elected to each house, Subchapter C, Chapter
8489, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 8489.111 to read as follows:
Sec. 8489.111. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(b) This section is not intended to be an expression of a
legislative interpretation of the requirements of Section 17(c),
Article I, Texas Constitution.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.
* * * * *