83R20849 JSL-F
By: Estes S.B. No. 1885
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Comanche Municipal Management
District No. 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 4, Special District Local Laws
Code, is amended by adding Chapter 3918 to read as follows:
CHAPTER 3918. COMANCHE MUNICIPAL MANAGEMENT DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3918.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "City" means the City of Aubrey.
(3) "County" means Denton County.
(4) "Director" means a board member.
(5) "District" means the Comanche Municipal
Management District No. 1.
Sec. 3918.002. NATURE OF DISTRICT. The Comanche Municipal
Management District No. 1 is a special district created under
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution.
Sec. 3918.003. CONFIRMATION AND DIRECTORS' ELECTION
REQUIRED. The initial 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. 3918.004. CITY CONSENT AND DEVELOPMENT AGREEMENT
EXECUTION REQUIRED. (a) The initial directors may not hold an
election under Section 3918.003 until the city 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 with the
owners of the real property in the district under Section 212.172,
Local Government Code.
(b) The district is dissolved and this chapter expires
September 1, 2017, if:
(1) the city has not consented to the creation of the
district and to the inclusion of land in the district under
Subsection (a)(1) before that date; or
(2) the development agreement described by Subsection
(a)(2) is not entered into before that date.
Sec. 3918.005. PURPOSE; DECLARATION OF INTENT. (a) The
creation of the district is essential to accomplish the purposes of
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution, and other public purposes stated in this
chapter. By creating the district, and in authorizing the city and
other political subdivisions to contract with the district, the
legislature has established a program to accomplish the public
purposes set out in Section 52-a, Article III, Texas Constitution.
(b) The creation of the district is necessary to promote,
develop, encourage, and maintain employment, commerce,
transportation, housing, tourism, recreation, the arts,
entertainment, economic development, safety, and the public
welfare in the district.
(c) This chapter and the creation of the district may not be
interpreted to relieve the city or county from providing the level
of services provided as of the effective date of the Act enacting
this chapter to the area in the district. The district is created
to supplement and not to supplant city and county services provided
in the district.
Sec. 3918.006. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
The district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the improvements and services to be provided by
the district under powers conferred by Sections 52 and 52-a,
Article III, and Section 59, Article XVI, Texas Constitution, and
other powers granted under this chapter.
(c) The district is created to accomplish the purposes of a
municipal management district as provided by general law and
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution.
(d) The creation of the district is in the public interest
and is essential to further the public purposes of:
(1) developing and diversifying the economy of the
state;
(2) eliminating unemployment and underemployment; and
(3) developing or expanding transportation and
commerce.
(e) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, potential employees, employees, visitors,
and consumers in the district, and of the public;
(2) provide needed funding for the district to
preserve, maintain, and enhance the economic health and vitality of
the district territory as a community and business center; and
(3) promote the health, safety, welfare, and enjoyment
of the public by providing pedestrian ways and by landscaping and
developing certain areas, which are necessary for the restoration,
preservation, and enhancement of scenic beauty.
(f) Pedestrian ways along or across a street, whether at
grade or above or below the surface, and street lighting, street
landscaping, parking, and street art objects are parts of and
necessary components of a street and are considered to be a street
or road improvement.
(g) The district will not act as the agent or
instrumentality of any private interest even though the district
will benefit many private interests as well as the public.
Sec. 3918.007. 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 of the district contained
in Section 2 of the Act enacting this chapter form a closure. A
mistake 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 borrow money or issue any type of bonds or
other obligations described by Section 3918.203 for a purpose for
which the district is created or to pay the principal of and
interest on the bonds or other obligations;
(3) right to impose or collect an assessment or
collect other revenue;
(4) legality or operation; or
(5) right to contract.
Sec. 3918.008. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
(a) All or any part of the area of the district that is not in the
city's corporate limits is eligible to be included in:
(1) a tax increment reinvestment zone created under
Chapter 311, Tax Code;
(2) a tax abatement reinvestment zone created under
Chapter 312, Tax Code;
(3) an enterprise zone created under Chapter 2303,
Government Code; or
(4) an industrial district created under Chapter 42,
Local Government Code.
(b) If the city creates a tax increment reinvestment zone
described by Subsection (a), the city and the board of directors of
the zone, by contract with the district, may grant money deposited
in the tax increment fund to the district to be used by the district
for:
(1) the purposes permitted for money granted to a
corporation under Section 380.002(b), Local Government Code; and
(2) any other district purpose, including the right to
pledge the money as security for any bonds or other obligations
issued by the district under Section 3918.203.
(c) All or any part of the area of the district that is
within the city's corporate limits is eligible to be included in:
(1) a tax increment reinvestment zone created under
Chapter 311, Tax Code; or
(2) a tax abatement reinvestment zone created under
Chapter 312, Tax Code.
(d) If the city creates a tax increment reinvestment zone
described by Subsection (c)(1), the city and the board of directors
of the zone, by contract, may allocate money deposited in the tax
increment fund between the city and the district to be used by the
city and the district for:
(1) the purposes permitted for money granted to a
corporation under Section 380.002(b), Local Government Code;
(2) any other district purpose, including the right to
pledge the money as security for any bonds or other obligations
issued by the district under Section 3918.203; and
(3) funding services provided by the city to the area
in the district.
(e) A tax increment reinvestment zone created by the city in
the district is not subject to the limitations provided by Section
311.006, Tax Code.
Sec. 3918.009. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW. Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
Sec. 3918.010. CONSTRUCTION OF CHAPTER. This chapter shall
be liberally construed in conformity with the findings and purposes
stated in this chapter.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3918.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 3918.052, directors serve
staggered four-year terms, with two or three directors' terms
expiring June 1 of each odd-numbered year.
Sec. 3918.052. INITIAL DIRECTORS. (a) On or after the
effective date of the Act enacting this chapter, the owner or owners
of a majority of the assessed value of the real property in the
district according to the most recent certified tax appraisal rolls
for the county may submit a petition to the city requesting that the
city appoint as initial directors the five persons named in the
petition. The city shall appoint as initial directors the five
persons named in the petition.
(b) Initial directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 3918.003; 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 3918.003 and the terms of the initial directors have
expired, successor initial 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 3918.003; 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
according to the most recent certified tax appraisal rolls for the
county may submit a petition to the city requesting that the city
appoint as successor initial directors the five persons named in
the petition. The city shall appoint as successor initial
directors the five persons named in the petition.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3918.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 3918.102. IMPROVEMENT PROJECTS. The district may
provide, or it may enter into contracts with a governmental or
private entity to provide, the improvement projects described by
Subchapter C-1 or activities in support of or incidental to those
projects.
Sec. 3918.103. WATER DISTRICT POWERS. The district has the
powers provided by the general laws relating to conservation and
reclamation districts created under Section 59, Article XVI, Texas
Constitution, including Chapters 49 and 54, Water Code.
Sec. 3918.104. ROAD DISTRICT POWERS. The district has the
powers provided by the general laws relating to road districts and
road utility districts created under Section 52(b), Article III,
Texas Constitution, including Chapter 441, Transportation Code.
Sec. 3918.105. PUBLIC IMPROVEMENT DISTRICT POWERS. The
district has the powers provided by Chapter 372, Local Government
Code, to a municipality or county.
Sec. 3918.106. CONTRACT POWERS. The district may contract
with a governmental or private entity, on terms determined by the
board, to carry out a power or duty authorized by this chapter or to
accomplish a purpose for which the district is created.
Sec. 3918.107. EMERGENCY SERVICES. (a) This section
applies only to territory in the district:
(1) that is in the extraterritorial jurisdiction of
the city;
(2) for which a plat has been filed; and
(3) that includes 100 or more residents.
(b) To protect the public interest, the district shall
provide or contract with a qualified party to provide emergency
services, including law enforcement, fire, and ambulance services,
in the territory described by Subsection (a).
Sec. 3918.108. NO TOLL ROADS. The district may not
construct, acquire, maintain, or operate a toll road.
Sec. 3918.109. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
SUBCHAPTER C-1. IMPROVEMENT PROJECTS AND SERVICES
Sec. 3918.151. IMPROVEMENT PROJECTS AND SERVICES. The
district may provide, design, construct, acquire, improve,
relocate, operate, maintain, or finance an improvement project or
service using any money available to the district, or contract with
a governmental or private entity to provide, design, construct,
acquire, improve, relocate, operate, maintain, or finance an
improvement project or service authorized under this chapter or
Chapter 375, Local Government Code.
Sec. 3918.152. BOARD DETERMINATION REQUIRED. The district
may not undertake an improvement project unless the board
determines the project:
(1) is necessary to accomplish a public purpose of the
district; and
(2) complies with the development agreement entered
into under Section 3918.004(a)(2) or the parties to that
development agreement agree to the project, in writing.
Sec. 3918.153. LOCATION OF IMPROVEMENT PROJECT. An
improvement project may be inside or outside the district.
Sec. 3918.154. CITY REQUIREMENTS. (a) An improvement
project in the corporate limits of the city must comply with any
applicable requirements of the city, including codes and
ordinances, that are consistent with the development agreement
entered into under Section 3918.004(a)(2).
(b) The district may not provide, conduct, or authorize any
improvement project on the city's streets, highways,
rights-of-way, or easements without the consent of the governing
body of the city.
Sec. 3918.155. IMPROVEMENT PROJECT AND SERVICE IN DEFINABLE
AREA. The district may undertake an improvement project or service
that confers a special benefit on a definable area in the district
and levy and collect a special assessment on benefited property in
the district in accordance with:
(1) Chapter 372, Local Government Code; or
(2) Chapter 375, Local Government Code.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
Sec. 3918.201. DISBURSEMENTS AND TRANSFERS OF MONEY. The
board by resolution shall establish the number of directors'
signatures and the procedure required for a disbursement or
transfer of the district's money.
Sec. 3918.202. MONEY USED FOR IMPROVEMENTS OR SERVICES.
The district may undertake and provide an improvement project or
service authorized by this chapter using any money available to the
district.
Sec. 3918.203. BORROWING MONEY; OBLIGATIONS. (a) The
district may borrow money for a district purpose without holding an
election by issuing bonds, notes, time warrants, or other
obligations, or by entering into a contract or other agreement
payable wholly or partly from an assessment, a contract payment, a
grant, revenue from a zone created under Chapter 311 or 312, Tax
Code, other district revenue, or a combination of these sources.
(b) An obligation described by Subsection (a):
(1) may bear interest at a rate determined by the
board; and
(2) may include a term or condition as determined by
the board.
Sec. 3918.204. ASSESSMENTS. (a) Except as provided by
Subsection (b), the district may impose an assessment on property
in the district to pay for an obligation described by Section
3918.203 in the manner provided for:
(1) a district under Subchapters A, E, and F, Chapter
375, Local Government Code; or
(2) a municipality or county under Subchapter A,
Chapter 372, Local Government Code.
(b) The district may not impose an assessment on a
municipality, county, or other political subdivision.
Sec. 3918.205. NOTICE OF ASSESSMENTS. (a) The board shall
annually file written notice with the secretary of the city that
specifies the assessments the district will impose in the
district's next fiscal year in sufficient clarity to describe the
assessments for the operation and maintenance of the district and
the assessments for the payment of debt service of obligations
issued or incurred by the district.
(b) The board shall annually record in the deed records of
the county a current assessment roll approved by the governing body
of the city.
(c) The assessment roll must clearly state that the
assessments in the assessment roll are in addition to the ad valorem
taxes imposed by other taxing units that tax real property in the
district.
(d) The district shall generate and implement a program to
provide notification to a prospective purchaser of property in the
district of the assessments that have been approved and are imposed
by the district.
Sec. 3918.206. RESIDENTIAL PROPERTY NOT EXEMPT. Section
375.161, Local Government Code, does not apply to the district.
Sec. 3918.207. NO IMPACT FEES. The district may not impose
an impact fee.
Sec. 3918.208. NO AD VALOREM TAX. The district may not
impose an ad valorem tax.
SUBCHAPTER E. DISSOLUTION
Sec. 3918.251. DISSOLUTION BY CITY. (a) The city may
dissolve the district by ordinance after the city annexes the
district.
(b) Notwithstanding Subsection (a), the city may not
dissolve the district until:
(1) the district's outstanding debt or contractual
obligations have been repaid or discharged; or
(2) the city agrees to succeed to the rights and
obligations of the district.
Sec. 3918.252. COLLECTION OF ASSESSMENTS AND OTHER REVENUE.
(a) If the dissolved district has bonds or other obligations
outstanding secured by and payable from assessments or other
revenue, the city succeeds to the rights and obligations of the
district regarding enforcement and collection of the assessments or
other revenue.
(b) The city shall have and exercise all district powers to
enforce and collect the assessments or other revenue to pay:
(1) the bonds or other obligations when due and
payable according to their terms; or
(2) special revenue or assessment bonds or other
obligations issued by the city to refund the outstanding bonds or
obligations of the district.
Sec. 3918.253. ASSUMPTION OF ASSETS AND LIABILITIES. (a)
After the city dissolves the district, the city assumes the
obligations of the district, including any bonds or other debt
payable from assessments or other district revenue.
(b) If the city dissolves the district, the board shall
transfer ownership of all district property to the city.
SECTION 2. The Comanche Municipal Management District No. 1
initially includes all the territory contained in the following
area:
TRACT 1
248.67 ACRE
BEING a tract of land situated in the William Lumpkin Survey
Abstract No. 730, Denton County, Texas, and also being all of a
173.545 acre tract as recorded in Volume 5347, Page 4702 of the Deed
Records of Denton County, Texas, also being all of a 75.125 acre
tract as recorded in Volume 4895, Page 1900 D.R.D.C.T. and being
more particularly described by metes and bounds as follows:
BEGINNING at a capped 1/2 inch iron rod found for corner
(controlling monument) at the northeast corner of said 173.545-acre
tract;
THENCE South 1 degree 53 minutes 56 seconds West a distance of
2221.22 feet to a 1/2 inch iron rod set for comer in Bryan Road
(gravel surface);
THENCE North 88 degrees 04 minutes 11 seconds West following Bryan
Road a distance of 1267.37 feet to a 1/2 inch iron rod found for
corner in the east line of a 75.125-acre tract;
THENCE South 02 degrees 13 minutes 34 seconds West a distance of
900.51 feet to a 1/2 inch iron rod found for comer at the northeast
comer of a 52.63 acre tract as recorded in Volume 2261, Page 53,
D.R.D.C.T.;
THENCE North 89 degrees 19 minutes 31 seconds West following the
north line of said 52.63 acres tract a distance of 3578.05 feet to a
5/8 inch iron rod (bent) found for comer in the east line of a tract
conveyed to the United States of America as recorded in Volume 2585,
Page 305, D.R.D.C.T.;
THENCE North 02 degrees 15 minutes 46 seconds East following the USA
tract a distance of 243.40 feet to concrete monument stamped 1033-4
for corner;
THENCE North 02 degrees 18 minutes 26 seconds East following the USA
tract a distance of 349.95 feet to concrete monument stamped 1033-5
for comer;
THENCE North 36 degrees 42 minutes 11 seconds West following the USA
tract a distance of 396.06 feet to concrete monument stamped 1033-6
for comer on the east bank of a dry creek;
THENCE South 89 degrees 12 minutes 38 seconds East a distance of
201.16 feet to 1/2 inch iron rod found for corner;
THENCE North 00 degrees 47 minutes 22 seconds East a distance of
131.81 feet to a point for comer in a creek;
THENCE up said creek the following calls:
N 09'28'51" E 13.38'
N 07°11'52" E 163.03'
N 72°07'15" E 37.14'
S 63°04'41" E 103.03'
S 88°21'20" E 52.55'
N 04°13'19" E 21.33'
N 11°19'26" W 59.51'
N 18°42'11" E 87.30'
N 17°43'03" W 81.64'
N 74°51'43" E 136.16'
N 31°30'01" E 64.83'
S 88°00'53" E 66.68'
S 35°42'40" E 58.03'
S 82°36'34" E 31.64'
N 17°26'44" E 95.82'
S 42°05'36" E 150.73'
N 83°20'18" E 36.07'
N 05°26'09" E 107.43'
N 31°37'22" W 51.38'
N 20°57'03" E 66.43'
N 28°51'15" W 102.21'
N 71°19'55" E 53.49'
S 53°48'09" E 44.26'
N 85°29'09" E 65.70'
N 40°30'41" E 86.41'
N 78°32'11" E 40.09'
N 24°32'25" E 53.98'
N 77°19'49" E 92.67'
N 58°04'48" E 80.57'
S 32°29'24" E 38.45'
N 48°05'23" E 47.84'
N 25°13'19" E 47.92'
S 89°41'30" E 57.89'
S 78°26'24" E 91.22'
N 67°15'30" E 29.70'
S 23°35'53" E 132.38'
S 87°07'12" E 40.32'
N 00°43'32" W 44.48'
N 56°26'03" E 92.01'
S 51°37'41" E 87.66'
S 01°35'49" w 42.96'
S 59°48'32" E 8.73'
N 60°27'41" E 125.92'
N 44°01'02" E 75.88'
N 01°26'58" E 82.39'
N 73°27'50" E 73.60'
N 54°29'34" E 46.92'
N 81°58'33" E 46.29'
N 49°14'37" E 44.19'
N 53°45'54" W 113.00'
N 18°22'20" W 130.69'
N 29°43'26" E 28.51'
N 50°28'25" W 43.10'
N 17°32'30" W 68.50'
N 88°47'34" E 108.29'
S 55°53'19" E 47.42'
S 45°21'21" E 32.24'
N 52°55'59" E 49.96'
S 35°25'53" E 72.10'
N 24°00'28" E 43.50'
N 49°35'12" W 52.21'
N 07°23'52" E 54.05'
N 01°09'32" E 45.90'
N 84°16'29" E 94.67'
N 86°33'49" E 67.50'
S 74°49'52" E 56.94'
N 51°27'10" E 21.10'
N 21°28'46" W 35.20'
N 67°07'22" E 44.39'
S 30°10'20" E 49.02'
S 85°45'43" E 39.09'
N 18°14'15" E 39.69'
N 69°16'16" E 39.39'
S 49°20'27" E 59.65'
N 55°13'09" E 41.34'
N 40°35'34" W 70.10'
N 33°06'50" E 69.98'
N 66°20'41" E 42.96'
N 01°12'16" E 3.53'
THENCE North 86 degrees 41 minutes 34 seconds East a distance of
401.38 feet to a 1/2 inch iron rod set for comer;
THENCE South 88 degrees 18 minutes 26 seconds East a distance of
2105.22 feet to the POINT OF BEGINNING and containing 10,832,069
square feet or 248.67 acres of land, more or less.
RELEASE TRACT
100.582 ACRE TRACT
BEING a tract of land situated in the William Lumpkin Survey
Abstract No. 730, Denton County, Texas, and also being part of a
173.545 acre tract as recorded in Volume 5347, Page 4702 of the Deed
Records of Denton County, Texas, also being part of a 75.125 acre
tract as recorded in Volume 4895, Page 1900 D.R.D.C.T. and being
more particularly described by metes and bounds as follows:
BEGINNING at a capped 1/2 inch iron rod found for corner
(controlling monument) at the northeast corner of said 173.545-acre
tract;
THENCE South 1 degree 53 minutes 56 seconds West a distance of
2221.22 feet to a 1/2 inch iron rod set for comer in Bryan Road
(gravel surface);
THENCE North 88 degrees 04 minutes 11 seconds West following Bryan
Road a distance of 1267.37 feet to a 1/2 inch iron rod found for
corner in the east line of a 75.125-acre tract;
THENCE South 02 degrees 13 minutes 34 seconds West a distance of
528.88 feet to a 1/2 inch iron rod found for comer at the northeast
comer of a 52.63 acre tract as recorded in Volume 2261, Page 53,
D.R.D.C.T.;
THENCE North 89 degrees 19 minutes 31 seconds West following the
north line of said 52.63 acres tract a distance of 653.67 feet to a
point;
THENCE North 02 degrees 10 minutes 14 seconds East a distance of
769.82.40 feet to the beginning of a tangent curve to the right;
THENCE Northerly, along said tangent curve to the right which has a
chord that bears North 11 degrees 39 minutes 21 seconds East for
2017.05 feet, a central angle of 18 degrees 58 minutes 13 seconds
and a radius of 6120.00 feet, for an arc distance of 2026.29 feet to
the end of said curve;
THENCE South 88 degrees 18 minutes 26 seconds East a distance of
1578.43 feet to the POINT OF BEGINNING and containing 4,381,338
square feet or 100.582 acres of land.
TRACT 2
52.631 ACRE TRACT
All that certain tract or parcel of land situated in the WILLIAM
LUMPKIN SURVEY, ABSTRACT NUMBER 73, County of DENTON, State of
Texas, said tract being all of a called 52.630 acre tract as
described in Deed 2261, Page 53 of the Real Property Records of the
County of DENTON, State of Texas, and being more fully described as
follows:
Beginning for the Northeast corner of the tract described herein at
a found 1/2 inch rebar said rebar being the Northeast corner of said
Layman tract, same being the Southeast corner of a called 75.125
acre tract as described in deed to Denton County 250 LP, filed 29
June 2004, and recorded in County Clerk's Number 2004-85167 of said
Real Property Records, and said rebar being on the West line of a
called 166.48 acre tract as described in deed to Jos. A. I. Worsham,
Trustee, filed 24 December 2003, and recorded in County Clerk's
Number 2003-205831 of said deed records, said rebar also being in
Bryan Road;
Thence: South 02 degrees 07 minutes 23 seconds West, with the East
line of said Layman tract, and with the West line of said Worsham
tract, and with said road, a distance of 616.86 feet to a found 1/2
inch rebar for the Southeast corner of said Layman tract, same being
the Northeast corner of Lot No. 2, a called 139.76 acre tract as
described in partition, dated 18 September 1899, and recorded in
Volume L, Page 587 of the District Court Minutes of DENTON County,
Texas, and further described in Boundary Agreement, filed 22 May
1985, and recorded in Volume 1640, Page 779 of said Real Property
Records;
Thence: North 89 degrees 19 minutes 30 seconds West, with the South
line of said Layman tract, and with the North line of said Lot 2, and
with the line as described in said Boundary Agreement, a distance of
3950.80 feet to a found Corps of Engineers concrete monument with a
brass cap marked 1033-1, 1034-5, dated 1966 for the Southwest
corner of said Layman tract, said monument being the East line of
USA Tract L-1033 (Lake Lewisville);
Thence: North 40 degrees 32 minutes 30 seconds East, with the West
line of said Layman tract, and with the East line of said USA tract,
and with a barbed wire fence, a distance of 299.74 feet to a found
Corps of Engineers concrete monument remains for an angle point in
the West line of said Layman tract;
Thence: North 40 degrees 28 minutes 28 seconds East, with the West
line of said Layman tract, and with the East line of said USA tract,
and with a barbed wire fence, a distance of 299.71 feet to a found
Corps of Engineers concrete monument with a brass cap marked
1033-3, dated 1966 for an angle point in the West line of said
Layman tract, same being an angle point in the East line of said USA
tract;
Thence: North 02 degrees 16 minutes 40 seconds East, with the West
line of said Layman tract, and with the East line of said USA tract,
and with a barbed wire fence, a distance of 156.12 feet to a found I
inch rebar by a pipe fence corner post for the Northwest corner of
said Layman tract, same being the Southwest corner of said Denton
County 250 tract;
Thence: South 89 degrees 19 minutes 46 seconds East, with the North
line of said Layman tract, and with the South line of said Denton
County 250 tract, and with a barbed wire fence, and passing at
3550.64 feet a pipe fence corner post on the West side of said road,
and continuing on said course a total distance of 3578.04 feet to a
POINT OF BEGINNING and CONTAINING 52.613 acres of land.
RELEASE TRACT
9.257 ACRE TRACT
All that certain tract or parcel of land situated in the WILLIAM
LUMPKIN SURVEY, ABSTRACT NUMBER 73, County of DENTON, State of
Texas, said tract being part of a called 52.630 acre tract as
described in Deed 2261, Page 53 of the Real Property Records of the
County of DENTON, State of Texas, and being more fully described as
follows:
Beginning for the Northeast corner of the tract described herein at
a found 1/2 inch rebar said rebar being the Northeast corner of said
Layman tract, same being the Southeast corner of a called 75.125
acre tract as described in deed to Denton County 250 LP, filed 29
June 2004, and recorded in County Clerk's Number 2004-85167 of said
Real Property Records, and said rebar being on the West line of a
called 166.48 acre tract as described in deed to Jos. A. I. Worsham,
Trustee, filed 24 December 2003, and recorded in County Clerk's
Number 2003-205831 of said deed records, said rebar also being in
Bryan Road;
Thence: South 02 degrees 07 minutes 23 seconds West, with the East
line of said Layman tract, and with the West line of said Worsham
tract, and with said road, a distance of 616.86 feet to a found 1/2
inch rebar for the Southeast corner of said Layman tract, same being
the Northeast corner of Lot No.2, a called 139.76 acre tract as
described in partition, dated 18 September 1899, and recorded in
Volume L, Page 587 of the District Court Minutes of DENTON County,
Texas, and further described in Boundary Agreement, filed 22 May
1985, and recorded in Volume 1640, Page 779 of said Real Property
Records;
Thence: North 89 degrees 19 minutes 30 seconds West, with the South
line of said Layman tract, and with the North line of said Lot 2, and
with the line as described in said Boundary Agreement, a distance of
654.18 feet a point;
Thence: North 02 degrees 10 minutes 14 seconds East, a distance of
616.82 feet to a point;
Thence: South 89 degrees 19 minutes 46 seconds East, with the North
line of said Layman tract, and with the South line of said Denton
County 250 tract, and with a barbed wire fence, a distance of 653.67
feet to a POINT OF BEGINNING and CONTAINING 9.257 acres 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,
lieutenant governor, and 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 have been
fulfilled and accomplished.
SECTION 4. This Act takes effect September 1, 2013.