S.B. No. 1116
AN ACT
relating to the creation, administration, powers, duties,
functions, operations, and financing of the Crystal Clear Special
Utility District; providing authority to issue bonds; granting a
limited power of eminent domain.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 6, Special District Local Laws
Code, is amended by adding Chapter 7206 to read as follows:
CHAPTER 7206. CRYSTAL CLEAR SPECIAL UTILITY DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7206.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Corporation" means the Crystal Clear Water Supply
Corporation.
(4) "Director" means a board member.
(5) "District" means the Crystal Clear Special Utility
District.
Sec. 7206.002. NATURE OF DISTRICT. The district is a
special utility district in Comal, Guadalupe, and Hays Counties
created under and essential to accomplish the purposes of Section
59, Article XVI, Texas Constitution. The district is created to
serve a public use and benefit.
Sec. 7206.003. CONFIRMATION ELECTION REQUIRED. If the
creation of the district is not confirmed at a confirmation and
initial directors' election held before September 1, 2016:
(1) the district is dissolved on September 1, 2016,
except that the district shall:
(A) pay any debts incurred;
(B) transfer to Comal, Guadalupe, or Hays County,
as appropriate, any assets of the district that remain after the
payment of debts; and
(C) maintain the organization of the district
until all debts are paid and remaining assets are transferred; and
(2) this chapter expires September 1, 2017.
Sec. 7206.004. APPLICABILITY OF OTHER LAW. Except as
otherwise provided by this chapter, Chapters 49 and 65, Water Code,
apply to the district.
Sec. 7206.005. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act creating this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act creating this chapter form a closure. A mistake made in the
field notes or in copying the field notes in the legislative process
does not affect:
(1) the organization, existence, or validity of the
district;
(2) the right of the district to issue any type of
bond, including a refunding bond, for a purpose for which the
district is created or to pay the principal of and interest on a
bond; or
(3) the legality or operation of the district or the
board of directors of the district.
SUBCHAPTER A-1. TEMPORARY PROVISIONS
Sec. 7206.021. TEMPORARY DIRECTORS. (a) The temporary
board of directors of the district is composed of:
(1) Dennis R. Krackau;
(2) Jackie E. Carson;
(3) Carroll U. Hoffmann;
(4) Richard A. Hanz;
(5) Jarold R. Hildebrand;
(6) James R. Stewart; and
(7) Michael L. Cox.
(b) Each temporary director shall qualify for office as
provided by Section 49.055, Water Code.
(c) If a temporary director fails to qualify for office, the
temporary directors who have qualified shall appoint a person to
fill the vacancy. If at any time there are fewer than four
qualified temporary directors, the commission shall appoint the
necessary number of directors to fill all vacancies on the board.
(d) Temporary directors serve until the earlier of:
(1) the date initial directors are elected under
Section 7206.022; or
(2) the date this chapter expires under Section
7206.003.
(e) As soon as practicable after all the temporary directors
have qualified under Section 49.055, Water Code, the temporary
directors shall convene the organizational meeting of the district
and elect officers from among the temporary directors.
Sec. 7206.022. CONFIRMATION AND INITIAL DIRECTORS'
ELECTION. (a) Before September 1, 2016, the temporary directors
shall hold an election to confirm the creation of the district and
to elect seven initial directors in accordance with Chapters 49 and
65, Water Code.
(b) The temporary board of directors shall determine the
method for determining the initial term of each person on the
initial board of directors. The terms must be clearly stated on the
ballot for the confirmation and directors' election.
(c) Section 41.001(a), Election Code, does not apply to a
confirmation and directors' election held as provided by this
section.
(d) The initial directors shall continue to serve until the
district directors elected at the first regularly scheduled
election of directors under Section 7206.052 qualify for office.
Sec. 7206.023. AMENDMENT OF CERTIFICATE OF CONVENIENCE AND
NECESSITY; TRANSFER OF ASSETS; DISSOLUTION. (a) On the effective
date of the Act enacting this chapter, all the territory described
by Section 3 of the Act creating this chapter is removed from the
territory covered by Certificate of Convenience and Necessity No.
10297. The commission shall revise its records to reflect the
removal of the described territory from that certificate's
coverage, effective on that date, without further application,
notice, or hearing. A person does not have any right of protest,
objection, or administrative review of the revision prescribed by
this subsection. The revision to Certificate of Convenience and
Necessity No. 10297 is not contingent on the confirmation of the
district under Section 7206.022.
(b) If the creation of the district is confirmed under
Section 7206.022, the corporation shall transfer the assets, debts,
and contractual rights and obligations of the corporation to the
district. Following the transfer of assets:
(1) Certificate of Convenience and Necessity No.
10297, as revised in accordance with Subsection (a), is considered
to be held by the district;
(2) the board of directors of the corporation shall
begin dissolution proceedings of the corporation; and
(3) the board of directors of the corporation shall
notify the commission of the transfer of Certificate of Convenience
and Necessity No. 10297 to the district.
(c) On receipt of notice under Subsection (b)(3), the
commission shall note in its records that Certificate of
Convenience and Necessity No. 10297, as revised in accordance with
Subsection (a), is held by the district and shall reissue the
certificate in the name of the district without further
application, notice, or hearing. A person does not have any right
of protest, objection, or administrative review of the transfer
prescribed by this section.
Sec. 7206.024. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2017.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 7206.051. DIRECTORS. (a) The district shall be
governed by a board of not fewer than 5 and not more than 11
directors, elected in accordance with Section 65.101, Water Code.
(b) The directors of the district serve staggered
three-year terms.
Sec. 7206.052. ELECTION OF DIRECTORS. After the district
is confirmed under Section 7206.022, the district shall hold an
election on the uniform election date in November of each year to
elect the appropriate number of directors.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 7206.101. GENERAL POWERS. (a) Except as otherwise
provided by Subsection (b) and this chapter, the district has all of
the rights, powers, privileges, authority, functions, and duties
provided by the general law of this state, including Chapters 49 and
65, Water Code, applicable to special utility districts created
under Section 59, Article XVI, Texas Constitution.
(b) Land included in the territory described by Section 4 of
the Act creating this chapter may not be added to the district
unless the landowner provides written consent.
Sec. 7206.102. WATER SERVICE IMPACT FEE. (a) The district
may charge a water service impact fee that is not greater than the
capital recovery fee charged by the corporation on December 31,
2012, under the corporation's tariff.
(b) Chapter 395, Local Government Code, does not apply to an
initial water service impact fee set under Subsection (a).
(c) The district may increase the water service impact fee
authorized under Subsection (a) only as provided by Chapter 395,
Local Government Code, as approved by the commission, or as
otherwise provided by law.
Sec. 7206.103. EMINENT DOMAIN. (a) Except as provided by
Subsection (b), the district has all the power and authority of a
special utility district under Chapters 49 and 65, Water Code, to
acquire by condemnation any land, easement, or other property
located inside or outside the boundaries of the district for any
district project or purpose.
(b) The district may not exercise the power of eminent
domain to condemn land, easements, or other property located
outside the boundaries of the district for sanitary sewer purposes.
Sec. 7206.104. SERVICES TO BE PROVIDED BY DISTRICT OR CITY
OF NEW BRAUNFELS. (a) A structure constructed by the district in
the corporate limits or extraterritorial jurisdiction of the City
of New Braunfels must comply with any applicable codes and
ordinances of the city.
(b) The district may enter into an interlocal contract with
the City of New Braunfels to provide governmental services,
including drainage, solid waste, or fire protection services.
(c) The district may not provide solid waste collection
services in the corporate limits of the City of New Braunfels unless
the governing body of the city consents by resolution or ordinance.
(d) The district may not provide fire protection services in
the corporate limits or extraterritorial jurisdiction of the City
of New Braunfels unless the governing body of the city consents by
resolution or ordinance.
SECTION 2. The Crystal Clear Special Utility District
initially includes all the territory contained in the following
area:
BEING that portion of Comal, Guadalupe, and Hays Counties,
Texas, which has a boundary more particularly described as follows:
BEGINNING at a point in Guadalupe County where the centerline of the
San Marcos River crosses the centerline of U.S. Highway 90;
THENCE in a southeasterly direction, with a line being 5,000 feet
east of and parallel to County Road 217 (Highsmith Road), to a point
in the north right-of-way line of Interstate Highway 10;
THENCE with the north right-of-way line of Interstate Highway 10,
in a westerly direction, to a point at its intersection with the
east boundary line of Springs Hill WSC CCN #10666;
THENCE following the Springs Hill WSC CCN #10666 boundary line in a
northerly, westerly, then southerly direction, until it intersects
with the north right-of-way line of Interstate Highway 10;
THENCE with the north right-of-way line of Interstate Highway 10,
in a westerly direction, to its intersection with the east City
Limit Line of Seguin, Texas;
THENCE with the City Limit Line of Seguin, Texas, in a northerly,
then westerly direction, to its intersection with an eastern line
of the City of Seguin CCN #10698;
THENCE with the City of Seguin CCN #10698 line, in a northerly
direction, to a point at its intersection of the Springs Hill WSC
CCN #10666 boundary;
THENCE with the boundary of Springs Hill WSC CCN #10666 in a
northerly direction to the City Limit Line of Seguin, Texas;
THENCE with the City Limit Line of Seguin, Texas, in a northerly,
then westerly direction, to its intersection with the eastern
boundary of Springs Hill WSC CCN #10666;
THENCE meandering with the boundary line of Springs Hill WSC CCN
#10666 in a northwesterly direction to a point on the east boundary
line of the 810.54 acre tract of land described in the deed to
Normandy Terrace, Inc. recorded in the Guadalupe County Deed
Records;
THENCE with the eastern boundary of the 810.54 acre Normandy
Terrace Inc. tract in a northern direction to its northeast corner;
THENCE with the northern boundary of the 810.54 acre Normandy
Terrace Inc. tract in a westerly direction to the centerline of
Guadalupe County Road 140 (Schwarzlose Rd.);
THENCE with the centerline of Guadalupe County Road 140
(Schwarzlose Rd.), in a southerly direction to its intersection
with the boundary line of New Braunfels Utility CCN #10677;
THENCE with the boundary line of the New Braunfels Utility CCN
#10677, in a westerly, then northwesterly direction, crossing the
Comal County and Guadalupe County Line to its intersection with the
City Limits Line of New Braunfels, Texas;
THENCE with the City Limits Line of New Braunfels, Texas, in an
northeasterly, then northwesterly direction to a south corner of a
75.805 acre tract of land described in a deed to State of Texas FBO
Permanent School Fund recorded in Document # 200506039320, of the
Comal County Deed Records;
THENCE with the southeast line of the 75.805 acre State of Texas FBO
Permanent School Fund tract to its east corner, said east corner
being on the southwest line of the 119.882 acre tract described in a
deed to Marvin Kraft, Jr., et al, recorded in Book 1015, Page 444,
of the Comal County Deed Records;
THENCE with the northeast line of the 75.805 acre State of Texas FBO
Permanent School Fund tract and the west line of the 119.882 acre
Kraft tract, to the west corner of the 119.882 acre Kraft tract;
THENCE with the northern and eastern property boundaries of the
119.882 acre Kraft tract to its east corner, same being the south
corner of a 1,015.537 acre tract of land described in a deed to the
State of Texas FBO Permanent School Fund recorded in Document
#200506041691, of the Comal County Deed Records;
THENCE with the southern and northeastern property boundary of the
1,015.537 acre State of Texas FBO Permanent School Fund tract to a
point on the east right-of-way of Interstate Highway 35 for its
north corner;
THENCE with the east right-of-way line of Interstate Highway 35, in
a southwesterly direction, to its intersection with an eastern
boundary of the City Limit Line of New Braunfels, Texas;
THENCE with the City Limit Line of New Braunfels, Texas, in a
northwesterly and southwesterly direction to its intersection with
the northeast line of the 2.545 acre tract of land described in a
deed to Hitzfelder Family Partners LTD recorded in Book 98060, Page
1608, of the Comal County Deed Records;
THENCE with the northeast line of the 2.545 acre Hitzfelder Family
Partners LTD tract, in a northwest direction to its north corner and
to an east corner of a 20.009 acre tract of land described in a deed
to HPT TA Properties Trust recorded in Document #200706011233, of
the Comal County Deed Records;
THENCE with the northeast line of the 20.009 acre HPT TA Properties
Trust tract, in a northwest direction, to its north corner and to an
east corner of a 10.182 acre tract of land described in a deed to Rip
Griffin Truck Service Center, Inc. recorded in Book 97060, Page
27464, of the Comal County Deed Records;
THENCE with the northeast line of the 10.182 acre Rip Griffin Truck
Center, Inc. tract, in a northwest direction, to its north corner
and to the east corner of a tract of land described in a deed to
Margyline Hitzfelder recorded in Book 181, Page 617, in the Comal
County Deed Records;
THENCE with the northeast line of the Margyline Hitzfelder tract,
in a northwest direction, to a south corner of a 17.71 acre tract of
land described in a deed to Papes Family Farm LTD recorded in
Document #200406007834, in the Comal County Deed Records;
THENCE with a southeast line of the 17.71 acre Papes Family Farm LTD
tract of land, in a northeast direction, to its east corner on the
southwest line of a 44.29 acre tract of land described in a deed to
Papes Family Farm, LTD., recorded in Document #200406007834, in the
Comal County Deed Records;
THENCE with the boundary of the 44.29 acre Papes Family Farm LTD
tract in a southeast, northeast, then northwest direction, to its
north corner and the west corner of a 230.695 acre tract of land
described in a deed to John A., Teresa J. and Andrea J. Ladshaw
recorded in Book 762, Page 008, of the Comal County Deed Records;
THENCE with a north line of a 230.695 acre tract, in a northeast
direction, to its north corner and a west corner of a 9.785 acre
tract of land described in a deed to John A. Ladshaw recorded in
Book 378, Page 799, in the Comal County Deed Records;
THENCE with the boundary of the 9.785 acre John A. Ladshaw tract, in
a northeast and southeast direction, to its east corner on the west
right-of-way of Interstate Highway 35;
THENCE with the west right-of-way line of Interstate Highway 35 in a
northeasterly direction to a south corner of the 288.433 acre tract
of land described in a deed to Southstar of Havenwood, LLC, recorded
in Document #201206016391, of the Comal County Deed Records;
THENCE with the meanders of the southern and western boundary of the
288.433 acre Southstar of Havenwood, LLC, tract, in a western
direction, to its east corner on the southeast right-of-way line of
F.M. 1102;
THENCE across F.M. 1102 and with the northwest right-of-way line of
F.M. 1102 in a northeasterly direction to the south corner of Unit
#1 of the Havenwood at Hunter's Crossing Subdivision recorded in
Document #200606015745, of the Comal County Deed Records;
THENCE with the southwestern boundary of Unit #1 of the Havenwood at
Hunter's Crossing Subdivision, in a northwest direction, to the
south corner of Unit #2 of the Havenwood at Hunter's Crossing
Subdivision recorded as Document #200606040000, of the Comal County
Deed Records;
THENCE with the southwest line of Unit #2 of the Havenwood at
Hunter's Crossing Subdivision to a point on the southeast
right-of-way of Beaver Lane, said southeast right-of-way of Beaver
lane being the south boundary of Unit #4 of the Havenwood at
Hunter's Crossing Subdivision recorded as Document #200706047038,
of the Comal County Deed Records;
THENCE with the boundary of Unit #4 of the Havenwood at Hunter's
Crossing Subdivision, in a southwest, northwest, then northeast
direction, to the north corner of Unit #4 and the west corner of
Unit #3 of the Havenwood at Hunter's Crossing Subdivision recorded
as Document #200606046131, of the Comal County Deed Records;
THENCE with the boundary of Unit #3 of the Havenwood at Hunter's
Crossing Subdivision, in a northeast, southeast, then southwest
direction, to the east corner of Unit #2 of the Havenwood at
Hunter's Crossing Subdivision recorded as Document #200606040000,
of the Comal County Deed Records;
THENCE with the boundary of Unit #2 of the Havenwood at Hunter's
Crossing Subdivision, in a southwest, then southeast direction, to
a north corner of Unit #1 of the Havenwood at Hunter's Crossing
Subdivision recorded as Document #200606015745, of the Comal County
Deed Records;
THENCE with the eastern boundary of Unit #1 of the Havenwood at
Hunter's Crossing Subdivision, in a southeast direction, to its
southeast corner on the northeast right-of-way line of F.M. 1102;
THENCE with the northwest right-of-way line of F.M. 1102, in a
northeasterly direction, merging into F.M. 2439;
THENCE with the northwest right-of-way line of F.M. 2439 in a
northeasterly direction and crossing the Comal County and Hays
County Line to the east corner of a 79.748 acre tract of land
described in a deed to Flying W Properties LTD recorded in Book
3257, Page 704, of the Hays County Deed Records;
THENCE across and perpendicular to F.M. 2439 in a southeasterly
direction to the southeast right-of-way line of F.M. 2439;
THENCE with the southeast right-of-way line of F.M. 2439, in a
northeast direction, to a west corner of a 2.65 acre tract of land
described in a deed to Frank and Jacqueline Brakley recorded in Book
2835, Page 823, of Hays County Deed Records;
THENCE with the southwestern boundary of the 2.65 acre Frank and
Jacqueline Brakley tract, in a southeast direction, to its south
corner in the northwest right-of-way line of the Union Pacific
Railroad;
THENCE in a southeasterly direction and crossing the Union Pacific
Railroad right-of-way and a tract of land described in a deed to
Flying W Properties LTD to the north corner of a 83.73 tract of land
described in a deed to Fred W. Heldenfels, IV recorded in Book 1974,
Page 368, of the Hays County Deed Records and also a point in the
western boundary of the City Limits of San Marcos, Texas;
THENCE with the western boundary of the City Limits Line of San
Marcos, Texas, in a southeasterly direction to its intersection
with the City of San Marcos CCN #10298;
THENCE with the City of San Marcos CCN #10298 in a southeasterly
direction to its intersection with the centerline of Hays County
Road 265 (Francis Harris Lane);
THENCE with the centerline of Hays County Road 265 in a southerly
and southeasterly direction to a southwest corner of a tract of land
described in a deed to Albert Dale Jonas recorded in Book 1530, Page
16, of Hays County Deed Records;
THENCE with the south line of the Albert Dale Jonas tract in an
easterly direction to a point on the Hays County and Guadalupe
County Line;
THENCE along the Hays County and Guadalupe County Line in a
northeasterly direction to its intersection with the southern
boundary of the City of San Marcos CCN # 10298;
THENCE meandering with the boundary line of City of San Marcos CCN
#10298 in a northeasterly direction to its intersection with the
City Limits of San Marcos, Texas, and same point being the western
corner of a 100.00 Acre Tract of land conveyed to Cottonwood Creek
JDR, LTD. by Warranty Deed in Volume 2008, Page 0867, of the
Guadalupe County Deed Records;
THENCE with the City Limits of San Marcos, Texas, and around the
western, southern, and eastern perimeter of said 100.00 Acre Tract
to its intersection with the City of San Marcos CCN #10295 southern
boundary line same being the Hays County and Guadalupe County Line;
THENCE with the southern boundary of the City of San Marcos CCN
#10298 in a northeasterly direction to a point at its intersection
with the City Limits Line of San Marcos, Texas;
THENCE with the boundary of the City Limits Line of San Marcos,
Texas, in a southeasterly, then northeasterly direction to a point
at its intersection with the western boundary line of the
Martindale WSC CCN # 10312;
THENCE with the western boundary line of the Martindale WSC CCN
#10312 in a southeasterly direction to a point, said point being the
northern corner of the western boundary of the Tri-Community WSC
CCN #10313 and said point being located along the San Marcos River;
THENCE with the San Marcos River in a southerly direction to a point
at its intersection with F.M. 1977, said point also being located
along the western boundary of the Tri-Community WSC CCN #10313;
THENCE with the western boundary of the Tri-Community WSC CCN
#10313 in a southeasterly direction to a point, said point being the
most southerly corner of CCN #10313 and being located in the San
Marcos River;
THENCE with the San Marcos River in a southeasterly direction to the
POINT OF BEGINNING.
WHICH above described territory includes that land lying and being
situated in ALL OR PORTIONS of the following surveys:
IN GUADALUPE COUNTY, TEXAS: John Wells Survey, Abstract No. 509;
John Wells Survey, Abstract No. 435; James P. Hector Survey,
Abstract No. 353; James Murphy Survey, Abstract No. 237; Robert
Smith Survey, Abstract No. 286; Jose Ramon Bedford Survey, Abstract
No. 5; Magarita Cherino Survey, Abstract No. 10; Antonio Maria
Esnaurizar Survey, Abstract No. 20; James Hodges Survey, Abstract
No. 148; Samuel Williams Survey, Abstract No.37; Edward C. Pettus
Survey, Abstract No. 264; Josias Randolph Survey, Abstract No. 276;
Martin Ussery Survey, Abstract No. 324; Joel W. Robinson Survey,
Abstract No. 275; James M. Bell Survey, Abstract No. 75; Samuel
Highsmith Survey, Abstract No. 25; Henry R. Hunt Survey, Abstract
No. 150; Uzziel Wakefield Survey, Abstract No. 327; Frederick
Happle Survey, Abstract No. 156; James A. Swift Survey, Abstract
No. 292; John Tom Survey, Abstract No. 316; Carlos Espalier Survey,
Abstract No. 129; Charles Hall Survey, Abstract No. 162; Matthew
Besore Survey, Abstract No. 61; William Griffin Survey, Abstract
No. 136; Andrew Neill Survey, Abstract No. 256; John Ussery Survey,
Abstract No. 323; James H. Thomas Survey, Abstract No. 311; Robert
Scobey Survey, Abstract No. 290; Churchill Fulchear Survey,
Abstract No. 130; Young Seltoon Survey, Abstract No. 293; Loria
Billings Survey, Abstract No. 55; W. Riley Wood Survey, Abstract
No. 345; John McGrabb Survey, Abstract No. 242; Jacob A. Miller
Survey, Abstract No. 231; William G. Hunt Survey, Abstract No. 149;
J. G. King Survey, Abstract No. 208; William P. King Survey,
Abstract No. 207; Robert Hall Survey, Abstract No. 158; Harriet
Cottle Survey, Abstract No. 13; Geo. Blair Survey, Abstract No. 50;
J. Hampton Kuykendall Survey, Abstract No. 199; Michael Miller
Survey, Abstract No. 219; William H. Hunter Survey, Abstract No.
152; Edwin R. Kellett Survey, Abstract No. 198; Robert M.
Cartwright Survey, Abstract No. 83; James Latham Survey, Abstract
No. 209; Robert Smith Survey, Abstract No. 33; John B. Cowan Survey,
Abstract No. 84; J. Benton Johnson Survey, Abstract No. 191;
William Burnett Survey, Abstract No. 73; Uzziel Wakefield Survey,
Abstract No. 326; Michael Cody Survey, Abstract No. 99; Michael
Cody Survey, Abstract No. 86; Edward Pettus Survey, Abstract No.
31; William J. Ragsdale Survey, Abstract No. 268; Solomon Barnes
Survey, Abstract No. 56; John Jones Survey, Abstract No. 189;
Gustavus Chatwell Survey, Abstract No. 85; James W. Keller Survey,
Abstract No. 201; George Allen Survey, Abstract No. 1; Charles
Henderson Survey, Abstract No. 147; Christoval Rubio Survey,
Abstract No. 274; Wm. Perkins Survey, Abstract No. 263; James
Nashley Survey, Abstract No. 254; H. E. Jordt Survey, Abstract No.
195; Wm. Perkins Survey, Abstract No. 263; James B. Cowan Survey,
Abstract No. 81; John Wells Survey, Abstract No. 339; Cyrus
Campbell Survey, Abstract No. 8; Andrew Mitchell Survey, Abstract
No. 220; S. A. & M. G. R. R. Co. Survey, Abstract No. 308; Benjamin &
Graves Fulcher Survey, Abstract No. 21; James T. Murphy Survey,
Abstract No. 233; and
In COMAL COUNTY, Texas: Antonio Maria Esnaurizar Survey, Abstract
No. 1;Orilla Russell Survey, Abstract No. 485; Nancy Kenner Survey,
Abstract No. 306; Samuel Craft Sr. Survey, Abstract No. 98; and
And in HAYS COUNTY, Texas: Samuel Craft Sr. Survey, Abstract No. 89;
Antonio Maria Esnaurizar Survey, Abstract No. 6; John Owens Survey,
Abstract No. 356; Thomas Bell Survey, Abstract No. 47; and Charles
Henderson Survey, Abstract No. 226.
SECTION 3. The territory to be removed from Certificate of
Convenience and Necessity No. 10297, as provided by Subsection (a),
Section 7206.023, Special District Local Laws Code, as added by
this Act, includes all of the territory contained in the following
area:
151.846 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: a 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 being the same 28.477 acres of land conveyed to the State
of Texas for use and benefit of the Permanent School fund from RS
New Braunfels, Ltd., a Texas limited partnership dated October 14,
2005 and recorded in Document No. 200506039324 of the Official
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 being the same 27.474 acre tract conveyed to the
State of Texas for the use and benefit of the Permanent School Fund
from Mary Evelyn Freeman, dealing in her separate property, dated
October 14, 2005 and recorded in Document No. 200506045048 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 also being the same 20.035 acres conveyed to the
State of Texas for use and benefit of the Permanent School Fund from
Doracille Kohlenberg, an unmarried woman, dated October 14, 2005
and recorded in Document No. 200506039319 of the Official Public
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 being the same 74.803 acre tract conveyed
to the State of Texas for the use and benefit of the Permanent
School fund from (i) Karen Wesch Hestand, formerly known as Karen
Wesch, and (ii) Foye Cooley, each dealing in her separate property,
dated October 14, 2005 and recorded in Document No. 200506039321 of
the Official Public 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, and being a portion of said 1.002 acre tract as
conveyed to the State of Texas for the use and benefit of the
Permanent School Fund from Karen Wesch Hestand and husband, Herbert
Hoyt Hestand, dated October 14, 2005 and recorded in Document No.
200506039320 of the Official Public Records of Comal County, Texas,
said 151.846 acres of land being more particularly described as
follows:
BEGINNING: at 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 20.035 acre; (Grid N =
13,820,305.66, Grid E = 2,267,616.06, Scale factor of 1.00014 for
surface adjustment);
THENCE: (1) 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: (2) SOUTH 45 deg. 19' 36" East, a distance of 610.43
feet along the Northeast line of this parcel 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: (3) 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: (4) NORTH 53 deg. 45' 08" West, a distance of 631.50
feet along the Northeast line of this parcel and the Southwest line
of 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: (5) 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: (6) 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: (7) 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: (8) 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: (9) 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: (10) 83.60 feet along the arc of a curve to the right,
having a radius of 22784.31 feet, and a central angle of 00 deg. 12'
37", and whose chord bears North 31 deg. 32' 30" East, a distance of
83.60 feet to a found 1/2" iron pin being the Northernmost corner of
this parcel and said 28.632 acre tract and the Westernmost corner of
a 28.500 acre tract as recorded in Document No. 9806027705 of the
Official Public Records of Comal County, Texas;
THENCE: (11) SOUTH 42 deg. 31' 00" East, a distance of 3408.67
feet along the Northeast line of this parcel and said 28.632 acre
tract and the Southwest line of said 28.500 acre tract to a found
1/2" iron pin in the Northeast line of a 119.882 acre tract as
recorded in Volume 1015, Page 444 of the Official Public Records of
Comal County, Texas, and being the Easternmost corner of this
parcel and said 28.632 acre tract and the Southernmost corner of
said 28.500 acre tract;
THENCE: (12) 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, 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: (13) 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: (14) 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: (15) 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 this parcel
and said 74.44 acre tract and the Westernmost corner of said 3.000
acre tract;
THENCE: (16) 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: (17) 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: (18) 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: (19) 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:
(20) 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;
(21) NORTH 34 deg. 38' 01" West, a distance of 102.61 feet to
a found concrete highway monument (Type I) being an angle point;
(22) NORTH 44 deg. 39' 10" West, a distance of 149.81 feet to
a found concrete highway monument (Type I) being an angle point;
(23) NORTH 32 deg. 12' 31" West, a distance of 223.04 feet to
a found concrete highway monument (Type I) being an angle point;
(24) NORTH 17 deg. 45' 14" West, a distance of 210.69 feet to
a found concrete highway monument (Type I) being an angle point;
(25) 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
(26) 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 being the POINT OF BEGINNING,
containing 151.846 acres of land.
SECTION 4. The territory that may not be added to the
district without written consent of the landowner, as provided by
Section 7206.101, Special District Local Laws Code, as added by
this Act, includes all of the territory contained in the following
area:
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.
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" West, 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" West, 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 5. (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 6. (a) Section 7206.103, Special District Local
Laws Code, as added by Section 1 of this Act, takes effect only if
this Act receives a two-thirds vote of all the members elected to
each house.
(b) If this Act does not receive a two-thirds vote of all the
members elected to each house, Subchapter C, Chapter 7206, Special
District Local Laws Code, as added by Section 1 of this Act, is
amended by adding Section 7206.103 to read as follows:
Sec. 7206.103. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(c) This section is not intended to be an expression of a
legislative interpretation of the requirements of Subsection (c),
Section 17, Article I, Texas Constitution.
(d) If another state agency, including the Public Utility
Commission of Texas, succeeds to the power, authority, duties, or
jurisdiction of the Texas Commission on Environmental Quality for
any matter addressed by this Act, then any reference in this Act to
the Texas Commission on Environmental Quality as to those matters
means the successor agency. All compensation owed to the Crystal
Clear Water Supply Corporation under Section 13.254, Water Code,
whether liquidated or not, for the area decertified by order of the
Texas Commission on Environmental Quality under Application No.
37192-C, and all claims, causes of action, choses in action,
rights, benefits, and interest are considered an asset of the
corporation, and on transfer of the assets of the corporation to the
district, such claims, causes of action, choses in action, rights,
benefits, interest, and compensation is owed to, and accrues to,
the district.
SECTION 7. 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1116 passed the Senate on
April 25, 2013, by the following vote: Yeas 30, Nays 0; and that
the Senate concurred in House amendment on May 25, 2013, by the
following vote: Yeas 30, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1116 passed the House, with
amendment, on May 22, 2013, by the following vote: Yeas 147,
Nays 1, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor