Texas 2015 - 84th Regular

Texas House Bill HB4157 Compare Versions

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11 84R20318 KJE-F
22 By: Bell H.B. No. 4157
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the creation of Valley Ranch Medical Center Management
88 District; providing authority to issue bonds; providing authority
99 to impose assessments, fees, or taxes.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Subtitle C, Title 4, Special District Local Laws
1212 Code, is amended by adding Chapter 3940 to read as follows:
1313 CHAPTER 3940. VALLEY RANCH MEDICAL CENTER MANAGEMENT DISTRICT
1414 SUBCHAPTER A. GENERAL PROVISIONS
1515 Sec. 3940.001. DEFINITIONS. In this chapter:
1616 (1) "Board" means the district's board of directors.
1717 (2) "County" means Montgomery County.
1818 (3) "Director" means a board member.
1919 (4) "District" means the Valley Ranch Medical Center
2020 Management District.
2121 Sec. 3940.002. NATURE OF DISTRICT. The Valley Ranch
2222 Medical Center Management District is a special district created
2323 under Section 59, Article XVI, Texas Constitution.
2424 Sec. 3940.003. PURPOSE; DECLARATION OF INTENT. (a) The
2525 creation of the district is essential to accomplish the purposes of
2626 Sections 52 and 52-a, Article III, and Section 59, Article XVI,
2727 Texas Constitution, and other public purposes stated in this
2828 chapter. By creating the district and in authorizing the county and
2929 other political subdivisions to contract with the district, the
3030 legislature has established a program to accomplish the public
3131 purposes set out in Section 52-a, Article III, Texas Constitution.
3232 (b) The creation of the district is necessary to promote,
3333 develop, encourage, and maintain employment, commerce,
3434 transportation, housing, tourism, recreation, the arts,
3535 entertainment, economic development, safety, and the public
3636 welfare in the district.
3737 (c) This chapter and the creation of the district may not be
3838 interpreted to relieve the county from providing the level of
3939 services provided as of the effective date of the Act enacting this
4040 chapter to the area in the district. The district is created to
4141 supplement and not to supplant county services provided in the
4242 district.
4343 Sec. 3940.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
4444 (a) The district is created to serve a public use and benefit.
4545 (b) All land and other property included in the district
4646 will benefit from the improvements and services to be provided by
4747 the district under powers conferred by Sections 52 and 52-a,
4848 Article III, and Section 59, Article XVI, Texas Constitution, and
4949 other powers granted under this chapter.
5050 (c) The creation of the district is in the public interest
5151 and is essential to further the public purposes of:
5252 (1) developing and diversifying the economy of the
5353 state;
5454 (2) eliminating unemployment and underemployment; and
5555 (3) developing or expanding transportation and
5656 commerce.
5757 (d) The district will:
5858 (1) promote the health, safety, and general welfare of
5959 residents, employers, potential employees, employees, visitors,
6060 and consumers in the district, and of the public;
6161 (2) provide needed funding for the district to
6262 preserve, maintain, and enhance the economic health and vitality of
6363 the district territory as a community and business center;
6464 (3) promote the health, safety, welfare, and enjoyment
6565 of the public by providing pedestrian ways and by landscaping and
6666 developing certain areas in the district, which are necessary for
6767 the restoration, preservation, and enhancement of scenic beauty;
6868 and
6969 (4) provide for water, wastewater, drainage, road, and
7070 recreational facilities for the district.
7171 (e) Pedestrian ways along or across a street, whether at
7272 grade or above or below the surface, and street lighting, street
7373 landscaping, parking, and street art objects are parts of and
7474 necessary components of a street and are considered to be a street
7575 or road improvement.
7676 (f) The district will not act as the agent or
7777 instrumentality of any private interest even though the district
7878 will benefit many private interests as well as the public.
7979 Sec. 3940.005. INITIAL DISTRICT TERRITORY. (a) The
8080 district is initially composed of the territory described by
8181 Section 2 of the Act enacting this chapter.
8282 (b) The boundaries and field notes contained in Section 2 of
8383 the Act enacting this chapter form a closure. A mistake in the
8484 field notes or in copying the field notes in the legislative process
8585 does not affect the district's:
8686 (1) organization, existence, or validity;
8787 (2) right to issue any type of bonds for the purposes
8888 for which the district is created or to pay the principal of and
8989 interest on the bonds;
9090 (3) right to impose or collect an assessment or tax; or
9191 (4) legality or operation.
9292 Sec. 3940.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
9393 All or any part of the area of the district is eligible to be
9494 included in:
9595 (1) a tax increment reinvestment zone created under
9696 Chapter 311, Tax Code;
9797 (2) a tax abatement reinvestment zone created under
9898 Chapter 312, Tax Code;
9999 (3) an enterprise zone created under Chapter 2303,
100100 Government Code; or
101101 (4) an industrial district created under Chapter 42,
102102 Local Government Code.
103103 Sec. 3940.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
104104 DISTRICTS LAW. Except as otherwise provided by this chapter,
105105 Chapter 375, Local Government Code, applies to the district.
106106 Sec. 3940.008. CONSTRUCTION OF CHAPTER. This chapter shall
107107 be liberally construed in conformity with the findings and purposes
108108 stated in this chapter.
109109 SUBCHAPTER B. BOARD OF DIRECTORS
110110 Sec. 3940.051. GOVERNING BODY; TERMS. (a) The district is
111111 governed by a board of five voting directors who serve staggered
112112 terms of four years, with two or three directors' terms expiring
113113 June 1 of each odd-numbered year.
114114 (b) The board by resolution may change the number of voting
115115 directors on the board if the board determines that the change is in
116116 the best interest of the district. The board may not consist of
117117 fewer than five or more than nine voting directors.
118118 Sec. 3940.052. APPOINTMENT OF VOTING DIRECTORS. The Texas
119119 Commission on Environmental Quality shall appoint voting directors
120120 from persons recommended by the board.
121121 Sec. 3940.053. NONVOTING DIRECTORS. The board may appoint
122122 nonvoting directors to serve at the pleasure of the voting
123123 directors.
124124 Sec. 3940.054. QUORUM. For purposes of determining the
125125 requirements for a quorum of the board, the following are not
126126 counted:
127127 (1) a board position vacant for any reason, including
128128 death, resignation, or disqualification;
129129 (2) a director who is abstaining from participation in
130130 a vote because of a conflict of interest; or
131131 (3) a nonvoting director.
132132 Sec. 3940.055. COMPENSATION. A director is entitled to
133133 receive fees of office and reimbursement for actual expenses as
134134 provided by Section 49.060, Water Code. Sections 375.069 and
135135 375.070, Local Government Code, do not apply to the board.
136136 Sec. 3940.056. INITIAL VOTING DIRECTORS. (a) On or after
137137 the effective date of the Act enacting this chapter, the owner or
138138 owners of a majority of the assessed value of the real property in
139139 the district according to the most recent certified tax appraisal
140140 roll for the county may submit a petition to the Texas Commission on
141141 Environmental Quality requesting that the commission appoint as
142142 initial voting directors the five persons named in the petition.
143143 The commission shall appoint the five persons named in the petition
144144 as initial directors by position.
145145 (b) Of the initial directors, the terms of directors
146146 appointed for positions one through three expire June 1, 2017, and
147147 the terms of directors appointed for positions four and five expire
148148 June 1, 2019.
149149 (c) Section 3940.052 does not apply to this section.
150150 (d) This section expires September 1, 2019.
151151 SUBCHAPTER C. POWERS AND DUTIES
152152 Sec. 3940.101. GENERAL POWERS AND DUTIES. The district has
153153 the powers and duties necessary to accomplish the purposes for
154154 which the district is created.
155155 Sec. 3940.102. IMPROVEMENT PROJECTS AND SERVICES. The
156156 district may provide, design, construct, acquire, improve,
157157 relocate, operate, maintain, or finance an improvement project or
158158 service using any money available to the district, or contract with
159159 a governmental or private entity to provide, design, construct,
160160 acquire, improve, relocate, operate, maintain, or finance an
161161 improvement project or service authorized under this chapter or
162162 Chapter 375, Local Government Code.
163163 Sec. 3940.103. DEVELOPMENT CORPORATION POWERS. The
164164 district, using money available to the district, may exercise the
165165 powers given to a development corporation under Chapter 505, Local
166166 Government Code, including the power to own, operate, acquire,
167167 construct, lease, improve, or maintain a project under that
168168 chapter.
169169 Sec. 3940.104. NONPROFIT CORPORATION. (a) The board by
170170 resolution may authorize the creation of a nonprofit corporation to
171171 assist and act for the district in implementing a project or
172172 providing a service authorized by this chapter.
173173 (b) The nonprofit corporation:
174174 (1) has each power of and is considered to be a local
175175 government corporation created under Subchapter D, Chapter 431,
176176 Transportation Code; and
177177 (2) may implement any project and provide any service
178178 authorized by this chapter.
179179 (c) The board shall appoint the board of directors of the
180180 nonprofit corporation. The board of directors of the nonprofit
181181 corporation shall serve in the same manner as the board of directors
182182 of a local government corporation created under Subchapter D,
183183 Chapter 431, Transportation Code, except that a board member is not
184184 required to reside in the district.
185185 Sec. 3940.105. AGREEMENTS; GRANTS. (a) As provided by
186186 Chapter 375, Local Government Code, the district may make an
187187 agreement with or accept a gift, grant, or loan from any person.
188188 (b) The implementation of a project is a governmental
189189 function or service for the purposes of Chapter 791, Government
190190 Code.
191191 Sec. 3940.106. LAW ENFORCEMENT SERVICES. To protect the
192192 public interest, the district may contract with a qualified party,
193193 including the county, to provide law enforcement services in the
194194 district for a fee.
195195 Sec. 3940.107. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
196196 district may join and pay dues to a charitable or nonprofit
197197 organization that performs a service or provides an activity
198198 consistent with the furtherance of a district purpose.
199199 Sec. 3940.108. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
200200 district may engage in activities that accomplish the economic
201201 development purposes of the district.
202202 (b) The district may establish and provide for the
203203 administration of one or more programs to promote state or local
204204 economic development and to stimulate business and commercial
205205 activity in the district, including programs to:
206206 (1) make loans and grants of public money; and
207207 (2) provide district personnel and services.
208208 (c) The district may create economic development programs
209209 and exercise the economic development powers provided to
210210 municipalities by:
211211 (1) Chapter 380, Local Government Code; and
212212 (2) Subchapter A, Chapter 1509, Government Code.
213213 Sec. 3940.109. PARKING FACILITIES. (a) The district may
214214 acquire, lease as lessor or lessee, construct, develop, own,
215215 operate, and maintain parking facilities or a system of parking
216216 facilities, including lots, garages, parking terminals, or other
217217 structures or accommodations for parking motor vehicles off the
218218 streets and related appurtenances.
219219 (b) The district's parking facilities serve the public
220220 purposes of the district and are owned, used, and held for a public
221221 purpose even if leased or operated by a private entity for a term of
222222 years.
223223 (c) The district's parking facilities are parts of and
224224 necessary components of a street and are considered to be a street
225225 or road improvement.
226226 (d) The development and operation of the district's parking
227227 facilities may be considered an economic development program.
228228 Sec. 3940.110. ANNEXATION OF LAND. The district may annex
229229 land as provided by Subchapter J, Chapter 49, Water Code.
230230 Sec. 3940.111. NO EMINENT DOMAIN POWER. The district may
231231 not exercise the power of eminent domain.
232232 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
233233 Sec. 3940.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The
234234 board by resolution shall establish the number of directors'
235235 signatures and the procedure required for a disbursement or
236236 transfer of district money.
237237 Sec. 3940.152. MONEY USED FOR IMPROVEMENTS OR SERVICES.
238238 The district may acquire, construct, finance, operate, or maintain
239239 any improvement or service authorized under this chapter or Chapter
240240 375, Local Government Code, using any money available to the
241241 district.
242242 Sec. 3940.153. PETITION REQUIRED FOR FINANCING SERVICES AND
243243 IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
244244 service or improvement project with assessments under this chapter
245245 unless a written petition requesting that service or improvement
246246 has been filed with the board.
247247 (b) A petition filed under Subsection (a) must be signed by
248248 the owners of a majority of the assessed value of real property in
249249 the district subject to assessment according to the most recent
250250 certified tax appraisal roll for the county.
251251 Sec. 3940.154. ASSESSMENTS; LIENS FOR ASSESSMENTS.
252252 (a) The board by resolution may impose and collect an assessment
253253 for any purpose authorized by this chapter in all or any part of the
254254 district.
255255 (b) An assessment, a reassessment, or an assessment
256256 resulting from an addition to or correction of the assessment roll
257257 by the district, penalties and interest on an assessment or
258258 reassessment, an expense of collection, and reasonable attorney's
259259 fees incurred by the district:
260260 (1) are a first and prior lien against the property
261261 assessed;
262262 (2) are superior to any other lien or claim other than
263263 a lien or claim for county, school district, or municipal ad valorem
264264 taxes; and
265265 (3) are the personal liability of and a charge against
266266 the owners of the property even if the owners are not named in the
267267 assessment proceedings.
268268 (c) The lien is effective from the date of the board's
269269 resolution imposing the assessment until the date the assessment is
270270 paid. The board may enforce the lien in the same manner that the
271271 board may enforce an ad valorem tax lien against real property.
272272 (d) The board may make a correction to or deletion from the
273273 assessment roll that does not increase the amount of assessment of
274274 any parcel of land without providing notice and holding a hearing in
275275 the manner required for additional assessments.
276276 Sec. 3940.155. TAX AND ASSESSMENT ABATEMENTS. The district
277277 may designate reinvestment zones and may grant abatements of
278278 district taxes or assessments on property in the zones.
279279 SUBCHAPTER E. TAXES AND BONDS
280280 Sec. 3940.201. ELECTIONS REGARDING TAXES AND BONDS.
281281 (a) The district may issue, without an election, bonds, notes, and
282282 other obligations secured by:
283283 (1) revenue other than ad valorem taxes; or
284284 (2) contract payments described by Section 3940.203.
285285 (b) The district must hold an election in the manner
286286 provided by Subchapter L, Chapter 375, Local Government Code, to
287287 obtain voter approval before the district may impose an ad valorem
288288 tax or issue bonds payable from ad valorem taxes.
289289 (c) Section 375.243, Local Government Code, does not apply
290290 to the district.
291291 (d) All or any part of any facilities or improvements that
292292 may be acquired by a district by the issuance of its bonds may be
293293 submitted as a single proposition or as several propositions to be
294294 voted on at the election.
295295 Sec. 3940.202. OPERATION AND MAINTENANCE TAX. (a) If
296296 authorized by a majority of the district voters voting at an
297297 election held in accordance with Section 3940.201, the district may
298298 impose an operation and maintenance tax on taxable property in the
299299 district in accordance with Section 49.107, Water Code, for any
300300 district purpose, including to:
301301 (1) maintain and operate the district;
302302 (2) construct or acquire improvements; or
303303 (3) provide a service.
304304 (b) The board shall determine the tax rate. The rate may not
305305 exceed the rate approved at the election.
306306 (c) Section 49.107(h), Water Code, does not apply to the
307307 district.
308308 Sec. 3940.203. CONTRACT TAXES. (a) In accordance with
309309 Section 49.108, Water Code, the district may impose a tax other than
310310 an operation and maintenance tax and use the revenue derived from
311311 the tax to make payments under a contract after the provisions of
312312 the contract have been approved by a majority of the district voters
313313 voting at an election held for that purpose.
314314 (b) A contract approved by the district voters may contain a
315315 provision stating that the contract may be modified or amended by
316316 the board without further voter approval.
317317 Sec. 3940.204. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS
318318 AND OTHER OBLIGATIONS. (a) The district may borrow money on terms
319319 determined by the board. Section 375.205, Local Government Code,
320320 does not apply to a loan, line of credit, or other borrowing from a
321321 bank or financial institution secured by revenue other than ad
322322 valorem taxes.
323323 (b) The district may issue bonds, notes, or other
324324 obligations payable wholly or partly from ad valorem taxes,
325325 assessments, impact fees, revenue, contract payments, grants, or
326326 other district money, or any combination of those sources of money,
327327 to pay for any authorized district purpose.
328328 (c) The limitation on the outstanding principal amount of
329329 bonds, notes, and other obligations provided by Section 49.4645,
330330 Water Code, does not apply to the district.
331331 Sec. 3940.205. TAXES FOR BONDS. At the time the district
332332 issues bonds payable wholly or partly from ad valorem taxes, the
333333 board shall provide for the annual imposition of a continuing
334334 direct annual ad valorem tax, without limit as to rate or amount,
335335 for each year that all or part of the bonds are outstanding as
336336 required and in the manner provided by Sections 54.601 and 54.602,
337337 Water Code.
338338 SUBCHAPTER F. DISSOLUTION AND MUNICIPAL ANNEXATION
339339 Sec. 3940.251. MUNICIPAL ANNEXATION; DISSOLUTION. (a) The
340340 district is a "water or sewer district" under Section 43.071, Local
341341 Government Code.
342342 (b) Section 43.075, Local Government Code, applies to the
343343 district.
344344 (c) Section 375.264, Local Government Code, does not apply
345345 to the dissolution of the district by a municipality.
346346 SECTION 2. The Valley Ranch Medical Center Management
347347 District initially includes all territory contained in the
348348 following area:
349349 TRACT 1
350350 Being a 46.80 acre tract of land out of the E. S. Perkins
351351 Survey, Abstract 425, Montgomery County, Texas; out of and a
352352 portion of that certain called 286.388 acre tract of land conveyed
353353 to Sig-Valley Ranch, Ltd., a Texas limited partnership, by Special
354354 Warranty Deed with Vendor's Lien dated August 9, 2005, as recorded
355355 in File No. 2005-094964 in the Montgomery County Official Public
356356 Records of Real Property; said 46.80 acre tract of land being more
357357 particularly described by metes and bounds as follows, with all
358358 bearings being referenced to Texas State Plane Coordinate System,
359359 Central Zone (NAD 83) CORS96, EPOCH 2002.00;
360360 COMMENCING at a set 3/4-inch iron rod with cap stamped
361361 "DANNENBAUM ENGINEERING" for the Northeast corner of said 286.388
362362 acre tract, and the Southeast corner of Forest Colony, Section One,
363363 as recorded in Cabinet "P", Sheet 51 in the Map files of Montgomery
364364 County, Texas, and being in the West Right-of-Way of U.S. Highway 59
365365 (320-foot right-of-way) as recorded in Volume 516, Page 341 in the
366366 Deed Records of Montgomery County, Texas; from which a found TxDOT
367367 Brass Disk bears South 12°02'13" West, 0.85 feet, and a found
368368 1/2-inch iron rod bears South 86°07'24" East, 0.64 feet;
369369 THENCE South 86° 07' 24" West, with the South line of said
370370 Forest Colony, Section One, and the North line of said 286.388 acre
371371 tract of land, 747.57 feet to a found 5/8-inch iron rod, for an
372372 angle point;
373373 THENCE South 86° 27' 55" West, with the South line of said
374374 Forest Colony, Section One, and the North line of said 286.388 acre
375375 tract of land, 3.07 feet to a set 3/4-inch iron rod with cap stamped
376376 "DANNENBAUM ENGINEERING" for the POINT OF BEGINNING of the herein
377377 described tract;
378378 THENCE South 03° 51' 18" East, 462.36 feet to a set 3/4-inch
379379 iron rod with cap stamped "DANNENBAUM ENGINEERING" for corner;
380380 THENCE South 77° 59' 36" East, 345.00 feet to a set 3/4-inch
381381 iron rod with cap stamped "DANNENBAUM ENGINEERING" for corner;
382382 THENCE South 12° 00' 24" West, 724.42 to a point for corner in
383383 the Proposed North right-of-way line of Azalea Boulevard (width
384384 varies); also being the beginning of a tangent curve to the right;
385385 THENCE with the South lines of the herein described tract and
386386 the Proposed North right-of-way lines of said Azalea Boulevard, the
387387 following courses and distances:
388388 - Along the arc of said curve to the left, having a radius of
389389 300.00 feet, an arc length of 9.01 feet, a central angle of 01° 43'
390390 15", and a chord bearing North 80° 03' 00" West, 9.01 feet to a set
391391 3/4-inch iron rod with cap stamped "DANNENBAUM ENGINEERING" for
392392 corner at a point of tangency;
393393 - North 80° 54' 37" West, 150.71 feet to a set 3/4-inch iron
394394 rod with cap stamped "DANNENBUM ENGINEERING" for corner and the
395395 beginning of a tangent curve to the right;
396396 - Along the arc of said curve to the right, having a radius
397397 of 300.00 feet, an arc length of 22.25, a central angle of 04° 15'
398398 01", and a chord bearing North 78° 47' 06" West, 22.25 feet to a set
399399 3/4-inch iron rod with cap stamped "DANNENBUM ENGINEERING" for
400400 corner at a point of tangency;
401401 - North 76° 39' 36" West, 216.28 feet to a set 3/4-inch iron
402402 rod with cap stamped "DANNENBUM ENGINEERING" for corner and the
403403 beginning of a tangent curve to the left;
404404 - Along the arc of said curve to the left, having a radius of
405405 2050.00 feet, an arc length of 1076.61, a central angle of 30° 05'
406406 25", and a chord bearing South 88° 17' 42" West, 1064.28 feet to a
407407 set 3/4-inch iron rod with cap stamped "DANNENBUM ENGINEERING" for
408408 corner at a point of tangency;
409409 - South 73° 14' 59" West, 282.86 feet to a set 3/4-inch iron
410410 rod with cap stamped "DANNENBAUM ENGINEERING" for corner at the
411411 Southwest corner of the herein described tract; also being the
412412 Southeast corner of that certain called 3.998 acre tract of land,
413413 being a Revised Drill Site, as recorded in File Number 2013112660 in
414414 the Official Public Records of Real Property, Montgomery County,
415415 Texas;
416416 THENCE North 16° 44'39" West with the East line of said 3.998
417417 acres tract and the West line of the herein described tract, 300.03
418418 feet to a set 3/4-inch iron rod with cap stamped "DANNENBUM
419419 ENGINEERING" for corner;
420420 THENCE North 13° 13'02" West with the East line of said 3.998
421421 acres tract and the West line of the herein described tract, 225.07
422422 feet to a set 3/4-inch iron rod with cap stamped "DANNENBUM
423423 ENGINEERING" for corner;
424424 THENCE North 06° 50' 25" West with the West line of the herein
425425 described tract, 225.70 feet to a set 3/4-inch iron rod with cap
426426 stamped "DANNENBUM ENGINEERING" for corner;
427427 THENCE North 03° 39' 14" West with the West line of the herein
428428 described tract, 436.16 feet to a set 3/4-inch iron rod with cap
429429 stamped "DANNENBUM ENGINEERING" for corner at the Northwest corner
430430 of the herein described tract; being in the North line of said
431431 286.388 acres tract, and being in the South line of Forest Colony,
432432 Section One, a subdivision plat recorded in Cabinet P, Sheet 51 in
433433 the Map Records of Montgomery County, Texas;
434434 THENCE North 86° 27' 55" East with the South line of said
435435 Forest Colony, Section 1 and the North line of said 286.388 acres
436436 tract, at a distance of 115.78 feet passing a found 1/2-inch iron
437437 rod, continuing for a total distance of 1701.92 feet to the POINT OF
438438 BEGINNING; containing 46.80 acres of land, more or less.
439439 TRACT 2
440440 Being a 48.34 acre tract of land out of the E. S. Perkins
441441 Survey, Abstract 425, Montgomery County, Texas; out of and a
442442 portion of that certain called 286.388 acre tract of land conveyed
443443 to Sig-Valley Ranch, Ltd., a Texas limited partnership, by Special
444444 Warranty Deed with Vendor's Lien dated August 9, 2005, as recorded
445445 in File No. 2005-094964 in the Montgomery County Official Public
446446 Records of Real Property; said 48.34 acre tract of land being more
447447 particularly described by metes and bounds as follows, with all
448448 bearings being referenced to Texas State Plane Coordinate System,
449449 Central Zone (NAD 83) CORS96, EPOCH 2002.00;
450450 BEGINNING at a found TxDOT aluminum disc for the southeast
451451 corner of the herein described tract, being in the West
452452 right-of-way of U.S. Highway 59 (330-foot right-of-way) as recorded
453453 in Volume 516, Page 341 in the Deed Records of Montgomery County,
454454 Texas and File Number 2006-061206 in the Official Public Records of
455455 Real Property, Montgomery County, Texas; also being in the North
456456 line of that certain called 6.5425 acre tract of land conveyed to
457457 Billie Gene Cornelius and Virginia R. Cornelius, by deed executed
458458 August 26, 1991, as recorded in File Number 9138986 in the Deed
459459 Records of Montgomery County, Texas;
460460 THENCE South 87° 11' 38" West, with the South line of said
461461 286.388 acre tract, at a distance of 594.67 feet passing a point for
462462 the Northwest corner of said 6.5425 acre tract, and the Northeast
463463 corner of that certain called 1.00 acre tract of land conveyed to
464464 Bill G. Cornelius and Virginia Cornelius by deed dated March 3,
465465 1997, as recorded in File Number 9714406 in the Deed Records of
466466 Montgomery County, Texas from which a found 1/2-inch iron rod bears
467467 North 02°48'22" West, 4.07 feet; continuing for a total distance of
468468 814.70 feet to a found 1/2-inch iron rod for Northwest corner of
469469 said 1.00 acre tract, and being on the East line of that certain
470470 called 20 acre tract of land conveyed to Thurman J. Dunn, by deed
471471 dated December 1, 1965, as recorded in Volume 609, Page 258 in the
472472 Deed Records of Montgomery County, Texas;
473473 THENCE South 88° 27' 45" West, with the South line of said
474474 286.388 acre tract, 684.28 feet (Record North 88° 25' 29" West) to a
475475 point for the Southeast corner of the herein described tract;
476476 THENCE with the East lines of the herein described tract, the
477477 following courses and distances:
478478 - North 01° 43' 00" West, 808.26 feet to a set 3/4-inch iron
479479 rod with cap stamped "DANNENBAUM ENGINEERING" for corner;
480480 - North 06° 58' 08" West, 280.91 feet to a set 3/4-inch iron
481481 rod with cap stamped "DANNENBAUM ENGINEERING" for corner;
482482 - North 09° 40' 20" West, 217.92 feet to a set 3/4-inch iron
483483 rod with cap stamped "DANNENBAUM ENGINEERING" for corner;
484484 - North 16° 45' 01" West, 30.00 feet to a set 3/4-inch iron
485485 rod with cap stamped "DANNENBAUM ENGINEERING" for corner at the
486486 Northwest corner of the herein described tract; also being in the
487487 Proposed South right-of-way line of Azalea Boulevard (100-foot
488488 right-of-way);
489489 THENCE with the North lines of the herein described tract and
490490 said Proposed South right-of-way lines of Azalea Boulevard, the
491491 following courses and distances:
492492 - North 73° 14' 55" East, 225.75 feet to a set 3/4-inch iron
493493 rod with cap stamped "DANNENBAUM ENGINEERING" for corner and the
494494 beginning of a tangent curve to the right;
495495 - Along the arc of said curve to the right, having a radius
496496 of 1950.00 feet, an arc length of 1024.09 feet, a central angle of
497497 30° 05' 25", and a chord bearing North 88° 17' 42" East, 1012.36 feet
498498 to a set 3/4-inch iron rod with cap stamped "DANNENBAUM
499499 ENGINEERING" for corner at a point of tangency;
500500 - South 76° 39' 36" East, 203.44 feet to a set 3/4-inch iron
501501 rod with cap stamped "DANNENBAUM ENGINEERING" for corner and the
502502 beginning of a tangent curve to the right;
503503 - Along the arc of said curve to the right, having a radius
504504 of 300.00 feet, an arc length of 6.94 feet, a central angle of 01°
505505 19' 29", and a chord bearing South 75° 59' 51" East, 6.94 feet to a
506506 point for corner;
507507 THENCE South 12° 00' 24" West, 355.36 feet to set 3/4-inch
508508 iron rod with cap stamped "DANNENBAUM ENGINEERING" for corner;
509509 THENCE South 40° 25' 54" East, 264.54 feet to a set 3/4-inch
510510 iron rod with cap stamped "DANNEENBAUM ENGINEERING" for corner;
511511 THENCE South 77° 59' 36" East, 229.85 feet to a set 3/4-inch
512512 iron rod with cap stamped "DANNENBAUM ENGINEERING" for corner in
513513 the West right-of-way line of said U. S. Highway 59 and the East
514514 line of said 286.388 acre tract;
515515 THENCE South 12° 02' 13" West, with the West right-of-way line
516516 of said U. S. Highway 59 and the East line of said 286.388 acre
517517 tract, 738.07 feet to the POINT OF BEGINNING; containing 48.34
518518 acres of land, more or less.
519519 TRACT 3
520520 Being a 18.437 acres tract of land out of the E. S. Perkins
521521 Survey, Abstract Number 425; out of and a portion of that certain
522522 called 286.388 acre tract of land conveyed to Sig-Valley Ranch,
523523 Ltd., a Texas limited partnership, by Special Warranty Deed with
524524 Vendor's Lien dated August 9, 2005, as recorded in File
525525 No. 2005-094964 in the Montgomery County Official Public Records of
526526 Real Property; said 18.437 acres tract of land being more
527527 particularly described by metes and bounds as follows, with all
528528 bearings being referenced to the Texas Coordinate System, Central
529529 Zone (NAD 83);
530530 BEGINNING at a set 3/4-inch iron rod with cap stamped
531531 "DANNENBAUM ENGINEERING" for the Northeast corner of said 286.388
532532 acre tract, being the Southeast corner of Forest Colony, Section
533533 One, as recorded in Cabinet "P", Sheet 51 in the Map files of
534534 Montgomery County, Texas, and being on the West Right-of-Way line
535535 of U.S. Highway 59 (320-foot Right-of-Way) as recorded in Volume
536536 519, Page 341 in the Deed Records of Montgomery County, Texas, from
537537 which a found 4-inch TxDOT aluminum disk bears South 12°02'33" West,
538538 0.85 feet, and a found 1/2-inch iron rod bears South 86°07'24" East,
539539 0.64 feet;
540540 THENCE South 12° 02" 13" West, with the West Right-of-Way of
541541 said U.S. Highway 59 and the east line of said 286.388 acre tract,
542542 50.84 feet to a found 1/2-inch iron rod with cap for the Northeast
543543 corner of a called 100 square feet tract of land conveyed to
544544 Signorelli Media, Ltd., as recorded in File Number 2006-031563 of
545545 the Official Public Records of Real Property, Montgomery County,
546546 Texas;
547547 THENCE South 86° 21' 29" West, with the North line of said 100
548548 square feet tract, 10.00 feet to a found 1/2-inch iron rod with cap
549549 for the Northwest corner of said 100 square feet tract;
550550 THENCE South 12° 02' 13" West, with the West line of said 100
551551 square feet tract, 10.00 feet to a found 1/2-inch iron rod with cap
552552 for the Southwest corner of said 100 square feet tract;
553553 THENCE North 86° 21' 29" East, with the South line of said 100
554554 square feet tract, 10.00 feet to a found 1/2-inch iron rod with cap
555555 for the Southeast corner of said 100 square feet tract, being on the
556556 West Right-of-Way of said U.S. Highway 59 and the East line of said
557557 286.388 acre tract;
558558 THENCE South 12° 02" 13" West, with the West Right-of-Way of
559559 said U.S. Highway 59 and the East line of said 286.388 acre tract,
560560 1934.61 feet to set 3/4-inch iron rod with cap stamped "DANNENBUM
561561 ENGINEERING" for the Southeast corner of the herein described
562562 tract;
563563 THENCE North 77° 59' 36" West, 229.85 feet to a set 3/4-inch
564564 iron rod with cap stamped "DANNENBUM ENGINEERING" for the Southwest
565565 corner of the herein described tract;
566566 THENCE North 40° 25' 54" West, 264.54 feet to a set 3/4-inch
567567 iron rod with cap stamped "DANNENBUM ENGINEERING" for corner;
568568 THENCE North 12° 00' 24" East, 454.00 feet to a set 3/4-inch
569569 iron rod with cap stamped "DANNENBUM ENGINEERING" for corner;
570570 THENCE South 77° 59' 36" West, 190.00 feet to a set 3/4-inch
571571 iron rod with cap stamped "DANNENBUM ENGINEERING" for corner;
572572 THENCE North 12° 00' 24" East, 730.00 feet to a set 3/4-inch
573573 iron rod with cap stamped "DANNENBUM ENGINEERING" for corner;
574574 THENCE North 77° 59' 36" West, 345.00 feet to a set 3/4-inch
575575 iron rod with cap stamped "DANNENBUM ENGINEERING" for corner;
576576 THENCE North 03° 51' 18" West, 462.36 feet to a set 3/4-inch
577577 iron rod with cap stamped "DANNENBAUM ENGINEERING" on the South
578578 line of said Forest Colony, Section One, and the North line of said
579579 286.388 acre tract, for the Northwest corner of the herein
580580 described tract;
581581 THENCE North 86° 27' 45" East, 3.07 feet to a found 5/8-inch
582582 iron rod for an angle point in the South line of said Forest Colony,
583583 Section One, and the North line of said 286.388 acre tract;
584584 THENCE North 86° 07' 24" East, with the South line of said
585585 Forest Colony, Section One, and the North line of said 286.388 acre
586586 tract, 747.57 feet to the POINT OF BEGINNING containing 18.437
587587 acres of land, more or less.
588588 TRACT 4
589589 BEING 9.895 ACRES OF LAND IN THE E.S. PERKINS SURVEY, A-425,
590590 MONTGOMERY COUNTY, TEXAS, SAID 9.895 ACRES BEING A PART OF THE
591591 SIG-VALLEY RANCH LTD. 286.388 ACRE TRACT OF LAND DEED OF WHICH IS
592592 RECORDED UNDER COUNTY CLERK'S FILE NUMBER 2005-094964, MONTGOMERY
593593 COUNTY REAL PROPERTY RECORDS, SAID 9.895 ACRES BEING DESCRIBED MORE
594594 PARTICULARLY AS FOLLOWS:
595595 COMMENCING at a 5/8" iron rod found in the West Right of Way
596596 line of U.S. Highway 59, (Right of Way varies, C.C.F.N.
597597 2006-061206, M.C.R.P.R.) for the Northeast corner of said 286.388
598598 acre tract and the Southeast corner of the Forest Colony, Section 1
599599 tract of land, deed of which is recorded under County Clerk's File
600600 Number 2001-002781, Montgomery County Real Property Records;
601601 THENCE, S. 12° 05' 28" W., along the East line of said 286.388
602602 acre tract and the above mentioned West line for a distance of
603603 944.85 feet to a point;
604604 THENCE, S. 12° 00' 38" W., continuing along said East and West
605605 line for a distance of 392.53 feet to a 5/8" iron rod set with a cap
606606 stamped "Jeff Moon RPLS 4639" for a Northeast corner and the POINT
607607 OF BEGINNING of the herein described tract of land;
608608 THENCE, S. 12° 00' 38" W., continuing along said East and West
609609 line for a distance of 190.00 feet to a 5/8" iron rod set with a cap
610610 stamped "Jeff Moon RPLS 4639" for the Southeast corner of the herein
611611 described tract of land;
612612 THENCE, leaving said East and West line and across said
613613 Sig-Valley Ranch LTD. tract the following calls;
614614 In a Northwesterly direction, along a curve to the left
615615 having a radius of 35.00 feet, a central angle of 89° 28' 40",
616616 for an arc length of 54.66 feet, chord bears N. 32° 43' 42" W.,
617617 49.27 feet to a 5/8" iron rod set with a cap stamped "Jeff
618618 Moon RPLS 4639" at the end of curve;
619619 THENCE, N. 77° 28' 02" W., for a distance of 207.74 feet to a
620620 5/8" iron rod set with a cap stamped "Jeff Moon RPLS 4639" at the
621621 beginning of a curve to the right;
622622 THENCE, in a Northwesterly direction, along said curve to the
623623 right having a radius of 300.00 feet, a central angle of 03° 00' 42",
624624 for an arc length of 15.77 feet, chord bears N. 75° 57' 41" W., 15.77
625625 feet to a 5/8" iron rod set with a cap stamped "Jeff Moon RPLS 4639"
626626 at the end of curve;
627627 THENCE, N. 74° 27' 20" W., for a distance of 176.77 feet to a
628628 5/8" iron rod set with a cap stamped "Jeff Moon RPLS 4639" at the
629629 beginning of a curve to the left;
630630 THENCE, in a Northwesterly direction, along said curve to the
631631 left having a radius of 300.00 feet, a central angle of 02° 12' 16",
632632 for an arc length of 11.54 feet, chord bears N. 75° 33' 28" W., 11.54
633633 feet to a 5/8" iron rod set with a cap stamped "Jeff Moon RPLS 4639"
634634 at the end of curve;
635635 THENCE, N. 76° 39' 36" W., for a distance of 203.44 feet to a
636636 5/8" iron rod set with a cap stamped "Jeff Moon RPLS 4639" at the
637637 beginning of a curve to the left;
638638 THENCE, in a Southwesterly direction, along said curve to the
639639 left having a radius of 1,950.00 feet, a central angle of 30° 05'
640640 25", for an arc length of 1024.09 feet, chord bears S. 88° 17' 42"
641641 W., 1,012.36 feet to a 5/8" iron rod set with a cap stamped "Jeff
642642 Moon RPLS 4639" at the end of curve;
643643 THENCE, S. 73° 14' 59" W., for a distance of 461.39 feet to a
644644 5/8" iron rod set with a cap stamped "Jeff Moon RPLS 4639" at the
645645 beginning of a curve to the right;
646646 THENCE, in a Southwesterly direction, along said curve to the
647647 right having a radius of 300.00 feet, a central angle of 08° 02' 37",
648648 for an arc length of 42.12 feet, chord bears S. 77° 16' 18" W., 42.08
649649 feet to a 5/8" iron rod set with a cap stamped "Jeff Moon RPLS 4639"
650650 at the end of curve;
651651 THENCE, S. 81° 17' 36" W., for a distance of 29.28 feet to a
652652 5/8" iron rod set with a cap stamped "Jeff Moon RPLS 4639" at the
653653 beginning of a curve to the left;
654654 THENCE, in a Southwesterly direction, along said curve to the
655655 left having a radius of 300.00 feet, a central angle of 08° 02' 37",
656656 for an arc length of 42.12 feet, chord bears S. 77° 16' 18" W., 42.08
657657 feet to a 5/8" iron rod set with a cap stamped "Jeff Moon RPLS 4639"
658658 at the end of curve;
659659 THENCE, S. 73° 14' 59" W., for a distance of 373.17 feet to a
660660 5/8" iron rod set with a cap stamped "Jeff Moon RPLS 4639" at the
661661 beginning of a curve to the right;
662662 THENCE, in a Southwesterly direction, along said curve to the
663663 right having a radius of 2,040.00 feet, a central angle of 15° 26'
664664 03", for an arc length of 549.53 feet, chord bears S. 80° 58' 01" W.,
665665 547.87 feet to a 5/8" iron rod set with a cap stamped "Jeff Moon RPLS
666666 4639" at the beginning of a curve to the left;
667667 THENCE, in a Southwesterly direction, along said curve to the
668668 left having a radius of 25.00 feet, a central angle of 88° 27' 59",
669669 for an arc length of 38.60 feet, chord bears S. 44° 27' 03" W., 34.88
670670 feet to a 5/8" iron rod set with a cap stamped "Jeff Moon RPLS 4639"
671671 at the end of curve;
672672 THENCE, N. 89° 47' 06" W., for a distance of 60.03 feet to a
673673 5/8" iron rod set with a cap stamped "Jeff Moon RPLS 4639" at the
674674 beginning of a curve to the left;
675675 THENCE, in a Northwesterly direction, along said curve to the
676676 left having a radius of 25.00 feet, a central angle of 88° 27' 20",
677677 for an arc length of 38.60 feet, chord bears N. 44° 02' 06" W., 34.88
678678 feet to a 5/8" iron rod set with a cap stamped "Jeff Moon RPLS 4639"
679679 at the beginning of a curve to the right;
680680 THENCE, in a Northwesterly direction, along said curve to the
681681 right having a radius of 2,040.00 feet, a central angle of 06° 50'
682682 13", for an arc length of 243.43 feet, chord bears N. 84° 50' 40" W.,
683683 243.28 feet to a 5/8" iron rod set with a cap stamped "Jeff Moon RPLS
684684 4639" at the end of curve;
685685 THENCE, N. 81° 25' 33" W., for a distance of 669.22 feet to a
686686 5/8" iron rod set with a cap stamped "Jeff Moon RPLS 4639" at the
687687 beginning of a curve to the left;
688688 THENCE, in a Northwesterly direction, along said curve to the
689689 left having a radius of 300.00 feet, a central angle of 11° 08' 25",
690690 for an arc length of 58.33 feet, chord bears N. 86° 59' 46" W., 58.24
691691 feet to a 5/8" iron rod set with a cap stamped "Jeff Moon RPLS 4639"
692692 at the end of curve;
693693 THENCE, S. 87° 26' 02" W., for a distance of 290.39 feet to a
694694 5/8" iron rod set with a cap stamped "Jeff Moon RPLS 4639" at the
695695 beginning of a curve to the left;
696696 THENCE, in a Southwesterly direction, along said curve to the
697697 left having a radius of 30.00 feet, a central angle of 91° 00' 24",
698698 for an arc length of 47.65 feet, chord bears S. 41° 55' 50" W., 42.80
699699 feet to a 5/8" iron rod set with a cap stamped "Jeff Moon RPLS 4639"
700700 at the end of curve on the East line of Valley Ranch Crossing Drive
701701 (120 foot Right of Way, C.C.F.N. 2006-112640, M.C.R.P.R.) and the
702702 West line of above mentioned Sig-Valley Ranch LTD. tract of land for
703703 the Southwest corner of the herein described tract of land;
704704 THENCE, N. 03° 34' 00" W., along above mentioned West and East
705705 line for a distance of 160.03 feet to a 5/8" iron rod set with a cap
706706 stamped "Jeff Moon RPLS 4639" for a Northwest corner of the herein
707707 described tract of land at the beginning of a curve to the left;
708708 THENCE, leaving said West and East line and through said
709709 Sig-Valley Ranch LTD. tract the following calls;
710710 In a Southeasterly direction, along said curve to the
711711 left having a radius of 30.00 feet, a central angle of 88° 59'
712712 58", for an arc length of 46.60 feet, chord bears S. 48° 03'
713713 59" E., 42.05 feet to a 5/8" iron rod set with a cap stamped
714714 "Jeff Moon RPLS 4639" at the end of curve;
715715 THENCE, N. 87° 26' 02" E., for a distance of 199.43 feet to a
716716 5/8" iron rod set with a cap stamped "Jeff Moon RPLS 4639" at the
717717 beginning of a curve to the right;
718718 THENCE, in a Southeasterly direction, along said curve to the
719719 right having a radius of 300.00 feet, a central angle of 11° 08' 25",
720720 for an arc length of 58.33 feet, chord bears S. 86° 59' 46" E., 58.24
721721 feet to a 5/8" iron rod set with a cap stamped "Jeff Moon RPLS 4639"
722722 at the end of curve;
723723 THENCE, S. 81° 25' 33" E., for a distance of 360.71 feet to a
724724 5/8" iron rod set with a cap stamped "Jeff Moon RPLS 4639" at the
725725 beginning of a curve to the left;
726726 THENCE, in a Northeasterly direction, along said curve to the
727727 left having a radius of 25.00 feet, a central angle of 90° 04' 09",
728728 for an arc length of 39.30 feet, chord bears N. 53° 32' 20" E., 35.38
729729 feet to a 5/8" iron rod set with a cap stamped "Jeff Moon RPLS 4639"
730730 at the end of curve;
731731 THENCE S. 81° 22' 56" E., for a distance of 80.00 feet to a
732732 5/8" iron rod set with a cap stamped "Jeff Moon RPLS 4639" at the
733733 beginning of a curve to the left;
734734 THENCE, in a Southeasterly direction, along said curve to the
735735 left having a radius of 25.00 feet, a central angle of 89° 55' 50",
736736 for an arc length of 39.24 feet, chord bears S. 36° 27' 40" E., 35.33
737737 feet to a 5/8" iron rod set with a cap stamped "Jeff Moon RPLS 4639"
738738 at the end of curve;
739739 THENCE, S. 81° 25' 33" E., for a distance of 289.83 feet to a
740740 5/8" iron rod set with a cap stamped "Jeff Moon RPLS 4639" at the
741741 beginning of a curve to the left;
742742 THENCE, in a Southeasterly direction, along said curve to the
743743 left having a radius of 1960.00 feet, a central angle of 06° 48' 02",
744744 for an arc length of 232.64 feet, chord bears S. 84° 49' 34" E.,
745745 232.50 feet to a 5/8" iron rod set with a cap stamped "Jeff Moon RPLS
746746 4639" at the beginning of a curve to the left;
747747 THENCE, in a Northeasterly direction, along said curve to the
748748 left having a radius of 25.00 feet, a central angle of 89° 01' 24",
749749 for an arc length of 38.84 feet, chord bears N. 47° 15' 43" E., 35.05
750750 feet to a 5/8" iron rod set with a cap stamped "Jeff Moon RPLS 4639"
751751 at the end of curve;
752752 THENCE N. 88° 05' 40" E., for a distance of 60.22 feet to a
753753 5/8" iron rod set with a cap stamped "Jeff Moon RPLS 4639" at the
754754 beginning of a curve to the left;
755755 THENCE, in a Southeasterly direction, along said curve to the
756756 left having a radius of 25.00 feet, a central angle of 93° 57' 27",
757757 for an arc length of 41.00 feet, chord bears S. 44° 30' 33" E., 36.56
758758 feet to a 5/8" iron rod set with a cap stamped "Jeff Moon RPLS 4639"
759759 at the beginning of a curve to the left;
760760 THENCE, in a Northeasterly direction, along said curve to the
761761 left having a radius of 1960.00 feet, a central angle of 15° 15' 44",
762762 for an arc length of 522.10 feet, chord bears N. 80° 52' 51" E.,
763763 520.56 feet to a 5/8" iron rod set with a cap stamped "Jeff Moon RPLS
764764 4639" at the end of curve;
765765 THENCE N. 73° 14' 59" E., for a distance of 373.02 feet to a
766766 5/8" iron rod set with a cap stamped "Jeff Moon RPLS 4639" at the
767767 beginning of a curve to the left;
768768 THENCE, in a Northeasterly direction, along said curve to the
769769 left having a radius of 300.00 feet, a central angle of 08° 02' 48",
770770 for an arc length of 42.13 feet, chord bears N. 69° 13' 35" E., 42.10
771771 feet to a 5/8" iron rod set with a cap stamped "Jeff Moon RPLS 4639"
772772 at the end of curve;
773773 THENCE, N. 65° 12' 11" E., for a distance of 29.24 feet to a
774774 5/8" iron rod set with a cap stamped "Jeff Moon RPLS 4639" at the
775775 beginning of a curve to the right;
776776 THENCE, in a Northeasterly direction, along said curve to the
777777 right having a radius of 300.00 feet, a central angle of 08° 02' 48",
778778 for an arc length of 42.13 feet, chord bears N. 69° 13' 35" E., 42.10
779779 feet to a 5/8" iron rod set with a cap stamped "Jeff Moon RPLS 4639"
780780 at the end of curve;
781781 THENCE, N. 73° 14' 59" E., for a distance of 461.55 feet to a
782782 5/8" iron rod set with a cap stamped "Jeff Moon RPLS 4639" at the
783783 beginning of a curve to the right;
784784 THENCE, in a Northeasterly direction, along said curve to the
785785 right having a radius of 2,050.00 feet, a central angle of 30° 05'
786786 25", for an arc length of 1,076.61 feet, chord bears N. 88° 17' 42"
787787 E., 1,064.28 feet to a 5/8" iron rod set with a cap stamped "Jeff
788788 Moon RPLS 4639" at the end of curve;
789789 THENCE, S. 76° 39' 36" E., for a distance of 216.28 feet to a
790790 5/8" iron rod set with a cap stamped "Jeff Moon RPLS 4639" at the
791791 beginning of a curve to the left;
792792 THENCE, in a Southeasterly direction, along said curve to the
793793 left having a radius of 300.00 feet, a central angle of 04° 15' 01",
794794 for an arc length of 22.25 feet, chord bears S. 78° 47' 06" E., 22.25
795795 feet to a 5/8" iron rod set with a cap stamped "Jeff Moon RPLS 4639"
796796 at the end of curve;
797797 THENCE, S. 80° 54' 37" E., for a distance of 150.71 feet to a
798798 5/8" iron rod set with a cap stamped "Jeff Moon RPLS 4639" at the
799799 beginning of a curve to the right;
800800 THENCE, in a Southeasterly direction, along said curve to the
801801 right having a radius of 300.00 feet, a central angle of 03° 26' 35",
802802 for an arc length of 18.03 feet, chord bears S. 79° 11' 20" E., 18.03
803803 feet to a 5/8" iron rod set with a cap stamped "Jeff Moon RPLS 4639"
804804 at the end of curve;
805805 THENCE, S. 77° 28' 02" E., for a distance of 204.88 feet to a
806806 5/8" iron rod set with a cap stamped "Jeff Moon RPLS 4639" at the
807807 beginning of a curve to the left;
808808 THENCE, in a Northeasterly direction, along said curve to the
809809 left having a radius of 35.00 feet, a central angle of 90° 31' 20",
810810 for an arc length of 55.30 feet, chord bears N. 57° 16' 18" E., 49.72
811811 feet to the POINT OF BEGINNING and containing in all 9.895 acres of
812812 land.
813813 SECTION 3. (a) The legal notice of the intention to
814814 introduce this Act, setting forth the general substance of this
815815 Act, has been published as provided by law, and the notice and a
816816 copy of this Act have been furnished to all persons, agencies,
817817 officials, or entities to which they are required to be furnished
818818 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
819819 Government Code.
820820 (b) The governor, one of the required recipients, has
821821 submitted the notice and Act to the Texas Commission on
822822 Environmental Quality.
823823 (c) The Texas Commission on Environmental Quality has filed
824824 its recommendations relating to this Act with the governor,
825825 lieutenant governor, and speaker of the house of representatives
826826 within the required time.
827827 (d) The general law relating to consent by political
828828 subdivisions to the creation of districts with conservation,
829829 reclamation, and road powers and the inclusion of land in those
830830 districts has been complied with.
831831 (e) All requirements of the constitution and laws of this
832832 state and the rules and procedures of the legislature with respect
833833 to the notice, introduction, and passage of this Act have been
834834 fulfilled and accomplished.
835835 SECTION 4. This Act takes effect immediately if it receives
836836 a vote of two-thirds of all the members elected to each house, as
837837 provided by Section 39, Article III, Texas Constitution. If this
838838 Act does not receive the vote necessary for immediate effect, this
839839 Act takes effect September 1, 2015.