Texas 2015 - 84th Regular

Texas Senate Bill SB2043 Compare Versions

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1-By: Nichols S.B. No. 2043
2- (Bell)
1+S.B. No. 2043
32
43
5- A BILL TO BE ENTITLED
64 AN ACT
75 relating to the creation of Valley Ranch Medical Center Management
86 District; providing authority to issue bonds; providing authority
97 to impose assessments, fees, or taxes.
108 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
119 SECTION 1. Subtitle C, Title 4, Special District Local Laws
1210 Code, is amended by adding Chapter 3940 to read as follows:
1311 CHAPTER 3940. VALLEY RANCH MEDICAL CENTER MANAGEMENT DISTRICT
1412 SUBCHAPTER A. GENERAL PROVISIONS
1513 Sec. 3940.001. DEFINITIONS. In this chapter:
1614 (1) "Board" means the district's board of directors.
1715 (2) "County" means Montgomery County.
1816 (3) "Director" means a board member.
1917 (4) "District" means the Valley Ranch Medical Center
2018 Management District.
2119 Sec. 3940.002. NATURE OF DISTRICT. The Valley Ranch
2220 Medical Center Management District is a special district created
2321 under Section 59, Article XVI, Texas Constitution.
2422 Sec. 3940.003. PURPOSE; DECLARATION OF INTENT. (a) The
2523 creation of the district is essential to accomplish the purposes of
2624 Sections 52 and 52-a, Article III, and Section 59, Article XVI,
2725 Texas Constitution, and other public purposes stated in this
2826 chapter. By creating the district and in authorizing the county and
2927 other political subdivisions to contract with the district, the
3028 legislature has established a program to accomplish the public
3129 purposes set out in Section 52-a, Article III, Texas Constitution.
3230 (b) The creation of the district is necessary to promote,
3331 develop, encourage, and maintain employment, commerce,
3432 transportation, housing, tourism, recreation, the arts,
3533 entertainment, economic development, safety, and the public
3634 welfare in the district.
3735 (c) This chapter and the creation of the district may not be
3836 interpreted to relieve the county from providing the level of
3937 services provided as of the effective date of the Act enacting this
4038 chapter to the area in the district. The district is created to
4139 supplement and not to supplant county services provided in the
4240 district.
4341 Sec. 3940.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
4442 (a) The district is created to serve a public use and benefit.
4543 (b) All land and other property included in the district
4644 will benefit from the improvements and services to be provided by
4745 the district under powers conferred by Sections 52 and 52-a,
4846 Article III, and Section 59, Article XVI, Texas Constitution, and
4947 other powers granted under this chapter.
5048 (c) The creation of the district is in the public interest
5149 and is essential to further the public purposes of:
5250 (1) developing and diversifying the economy of the
5351 state;
5452 (2) eliminating unemployment and underemployment; and
5553 (3) developing or expanding transportation and
5654 commerce.
5755 (d) The district will:
5856 (1) promote the health, safety, and general welfare of
5957 residents, employers, potential employees, employees, visitors,
6058 and consumers in the district, and of the public;
6159 (2) provide needed funding for the district to
6260 preserve, maintain, and enhance the economic health and vitality of
6361 the district territory as a community and business center;
6462 (3) promote the health, safety, welfare, and enjoyment
6563 of the public by providing pedestrian ways and by landscaping and
6664 developing certain areas in the district, which are necessary for
6765 the restoration, preservation, and enhancement of scenic beauty;
6866 and
6967 (4) provide for water, wastewater, drainage, road, and
7068 recreational facilities for the district.
7169 (e) Pedestrian ways along or across a street, whether at
7270 grade or above or below the surface, and street lighting, street
7371 landscaping, parking, and street art objects are parts of and
7472 necessary components of a street and are considered to be a street
7573 or road improvement.
7674 (f) The district will not act as the agent or
7775 instrumentality of any private interest even though the district
7876 will benefit many private interests as well as the public.
7977 Sec. 3940.005. INITIAL DISTRICT TERRITORY. (a) The
8078 district is initially composed of the territory described by
8179 Section 2 of the Act enacting this chapter.
8280 (b) The boundaries and field notes contained in Section 2 of
8381 the Act enacting this chapter form a closure. A mistake in the
8482 field notes or in copying the field notes in the legislative process
8583 does not affect the district's:
8684 (1) organization, existence, or validity;
8785 (2) right to issue any type of bonds for the purposes
8886 for which the district is created or to pay the principal of and
8987 interest on the bonds;
9088 (3) right to impose or collect an assessment or tax; or
9189 (4) legality or operation.
9290 Sec. 3940.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
9391 All or any part of the area of the district is eligible to be
9492 included in:
9593 (1) a tax increment reinvestment zone created under
9694 Chapter 311, Tax Code;
9795 (2) a tax abatement reinvestment zone created under
9896 Chapter 312, Tax Code;
9997 (3) an enterprise zone created under Chapter 2303,
10098 Government Code; or
10199 (4) an industrial district created under Chapter 42,
102100 Local Government Code.
103101 Sec. 3940.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
104102 DISTRICTS LAW. Except as otherwise provided by this chapter,
105103 Chapter 375, Local Government Code, applies to the district.
106104 Sec. 3940.008. CONSTRUCTION OF CHAPTER. This chapter shall
107105 be liberally construed in conformity with the findings and purposes
108106 stated in this chapter.
109107 SUBCHAPTER B. BOARD OF DIRECTORS
110108 Sec. 3940.051. GOVERNING BODY; TERMS. (a) The district is
111109 governed by a board of five voting directors who serve staggered
112110 terms of four years, with two or three directors' terms expiring
113111 June 1 of each odd-numbered year.
114112 (b) The board by resolution may change the number of voting
115113 directors on the board if the board determines that the change is in
116114 the best interest of the district. The board may not consist of
117115 fewer than five or more than nine voting directors.
118116 Sec. 3940.052. APPOINTMENT OF VOTING DIRECTORS. The Texas
119117 Commission on Environmental Quality shall appoint voting directors
120118 from persons recommended by the board.
121119 Sec. 3940.053. NONVOTING DIRECTORS. The board may appoint
122120 nonvoting directors to serve at the pleasure of the voting
123121 directors.
124122 Sec. 3940.054. QUORUM. For purposes of determining the
125123 requirements for a quorum of the board, the following are not
126124 counted:
127125 (1) a board position vacant for any reason, including
128126 death, resignation, or disqualification;
129127 (2) a director who is abstaining from participation in
130128 a vote because of a conflict of interest; or
131129 (3) a nonvoting director.
132130 Sec. 3940.055. COMPENSATION. A director is entitled to
133131 receive fees of office and reimbursement for actual expenses as
134132 provided by Section 49.060, Water Code. Sections 375.069 and
135133 375.070, Local Government Code, do not apply to the board.
136134 Sec. 3940.056. INITIAL VOTING DIRECTORS. (a) On or after
137135 the effective date of the Act enacting this chapter, the owner or
138136 owners of a majority of the assessed value of the real property in
139137 the district according to the most recent certified tax appraisal
140138 roll for the county may submit a petition to the Texas Commission on
141139 Environmental Quality requesting that the commission appoint as
142140 initial voting directors the five persons named in the petition.
143141 The commission shall appoint the five persons named in the petition
144142 as initial directors by position.
145143 (b) Of the initial directors, the terms of directors
146144 appointed for positions one through three expire June 1, 2017, and
147145 the terms of directors appointed for positions four and five expire
148146 June 1, 2019.
149147 (c) Section 3940.052 does not apply to this section.
150148 (d) This section expires September 1, 2019.
151149 SUBCHAPTER C. POWERS AND DUTIES
152150 Sec. 3940.101. GENERAL POWERS AND DUTIES. The district has
153151 the powers and duties necessary to accomplish the purposes for
154152 which the district is created.
155153 Sec. 3940.102. IMPROVEMENT PROJECTS AND SERVICES. The
156154 district may provide, design, construct, acquire, improve,
157155 relocate, operate, maintain, or finance an improvement project or
158156 service using any money available to the district, or contract with
159157 a governmental or private entity to provide, design, construct,
160158 acquire, improve, relocate, operate, maintain, or finance an
161159 improvement project or service authorized under this chapter or
162160 Chapter 375, Local Government Code.
163161 Sec. 3940.103. DEVELOPMENT CORPORATION POWERS. The
164162 district, using money available to the district, may exercise the
165163 powers given to a development corporation under Chapter 505, Local
166164 Government Code, including the power to own, operate, acquire,
167165 construct, lease, improve, or maintain a project under that
168166 chapter.
169167 Sec. 3940.104. NONPROFIT CORPORATION. (a) The board by
170168 resolution may authorize the creation of a nonprofit corporation to
171169 assist and act for the district in implementing a project or
172170 providing a service authorized by this chapter.
173171 (b) The nonprofit corporation:
174172 (1) has each power of and is considered to be a local
175173 government corporation created under Subchapter D, Chapter 431,
176174 Transportation Code; and
177175 (2) may implement any project and provide any service
178176 authorized by this chapter.
179177 (c) The board shall appoint the board of directors of the
180178 nonprofit corporation. The board of directors of the nonprofit
181179 corporation shall serve in the same manner as the board of directors
182180 of a local government corporation created under Subchapter D,
183181 Chapter 431, Transportation Code, except that a board member is not
184182 required to reside in the district.
185183 Sec. 3940.105. AGREEMENTS; GRANTS. (a) As provided by
186184 Chapter 375, Local Government Code, the district may make an
187185 agreement with or accept a gift, grant, or loan from any person.
188186 (b) The implementation of a project is a governmental
189187 function or service for the purposes of Chapter 791, Government
190188 Code.
191189 Sec. 3940.106. LAW ENFORCEMENT SERVICES. To protect the
192190 public interest, the district may contract with a qualified party,
193191 including the county, to provide law enforcement services in the
194192 district for a fee.
195193 Sec. 3940.107. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
196194 district may join and pay dues to a charitable or nonprofit
197195 organization that performs a service or provides an activity
198196 consistent with the furtherance of a district purpose.
199197 Sec. 3940.108. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
200198 district may engage in activities that accomplish the economic
201199 development purposes of the district.
202200 (b) The district may establish and provide for the
203201 administration of one or more programs to promote state or local
204202 economic development and to stimulate business and commercial
205203 activity in the district, including programs to:
206204 (1) make loans and grants of public money; and
207205 (2) provide district personnel and services.
208206 (c) The district may create economic development programs
209207 and exercise the economic development powers provided to
210208 municipalities by:
211209 (1) Chapter 380, Local Government Code; and
212210 (2) Subchapter A, Chapter 1509, Government Code.
213211 Sec. 3940.109. PARKING FACILITIES. (a) The district may
214212 acquire, lease as lessor or lessee, construct, develop, own,
215213 operate, and maintain parking facilities or a system of parking
216214 facilities, including lots, garages, parking terminals, or other
217215 structures or accommodations for parking motor vehicles off the
218216 streets and related appurtenances.
219217 (b) The district's parking facilities serve the public
220218 purposes of the district and are owned, used, and held for a public
221219 purpose even if leased or operated by a private entity for a term of
222220 years.
223221 (c) The district's parking facilities are parts of and
224222 necessary components of a street and are considered to be a street
225223 or road improvement.
226224 (d) The development and operation of the district's parking
227225 facilities may be considered an economic development program.
228226 Sec. 3940.110. ANNEXATION OF LAND. The district may annex
229227 land as provided by Subchapter J, Chapter 49, Water Code.
230228 Sec. 3940.111. NO EMINENT DOMAIN POWER. The district may
231229 not exercise the power of eminent domain.
232230 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
233231 Sec. 3940.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The
234232 board by resolution shall establish the number of directors'
235233 signatures and the procedure required for a disbursement or
236234 transfer of district money.
237235 Sec. 3940.152. MONEY USED FOR IMPROVEMENTS OR SERVICES.
238236 The district may acquire, construct, finance, operate, or maintain
239237 any improvement or service authorized under this chapter or Chapter
240238 375, Local Government Code, using any money available to the
241239 district.
242240 Sec. 3940.153. PETITION REQUIRED FOR FINANCING SERVICES AND
243241 IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
244242 service or improvement project with assessments under this chapter
245243 unless a written petition requesting that service or improvement
246244 has been filed with the board.
247245 (b) A petition filed under Subsection (a) must be signed by
248246 the owners of a majority of the assessed value of real property in
249247 the district subject to assessment according to the most recent
250248 certified tax appraisal roll for the county.
251249 Sec. 3940.154. ASSESSMENTS; LIENS FOR ASSESSMENTS.
252250 (a) The board by resolution may impose and collect an assessment
253251 for any purpose authorized by this chapter in all or any part of the
254252 district.
255253 (b) An assessment, a reassessment, or an assessment
256254 resulting from an addition to or correction of the assessment roll
257255 by the district, penalties and interest on an assessment or
258256 reassessment, an expense of collection, and reasonable attorney's
259257 fees incurred by the district:
260258 (1) are a first and prior lien against the property
261259 assessed;
262260 (2) are superior to any other lien or claim other than
263261 a lien or claim for county, school district, or municipal ad valorem
264262 taxes; and
265263 (3) are the personal liability of and a charge against
266264 the owners of the property even if the owners are not named in the
267265 assessment proceedings.
268266 (c) The lien is effective from the date of the board's
269267 resolution imposing the assessment until the date the assessment is
270268 paid. The board may enforce the lien in the same manner that the
271269 board may enforce an ad valorem tax lien against real property.
272270 (d) The board may make a correction to or deletion from the
273271 assessment roll that does not increase the amount of assessment of
274272 any parcel of land without providing notice and holding a hearing in
275273 the manner required for additional assessments.
276274 Sec. 3940.155. TAX AND ASSESSMENT ABATEMENTS. The district
277275 may designate reinvestment zones and may grant abatements of
278276 district taxes or assessments on property in the zones.
279277 SUBCHAPTER E. TAXES AND BONDS
280278 Sec. 3940.201. ELECTIONS REGARDING TAXES AND BONDS.
281279 (a) The district may issue, without an election, bonds, notes, and
282280 other obligations secured by:
283281 (1) revenue other than ad valorem taxes; or
284282 (2) contract payments described by Section 3940.203.
285283 (b) The district must hold an election in the manner
286284 provided by Subchapter L, Chapter 375, Local Government Code, to
287285 obtain voter approval before the district may impose an ad valorem
288286 tax or issue bonds payable from ad valorem taxes.
289287 (c) Section 375.243, Local Government Code, does not apply
290288 to the district.
291289 (d) All or any part of any facilities or improvements that
292290 may be acquired by a district by the issuance of its bonds may be
293291 submitted as a single proposition or as several propositions to be
294292 voted on at the election.
295293 Sec. 3940.202. OPERATION AND MAINTENANCE TAX. (a) If
296294 authorized by a majority of the district voters voting at an
297295 election held in accordance with Section 3940.201, the district may
298296 impose an operation and maintenance tax on taxable property in the
299297 district in accordance with Section 49.107, Water Code, for any
300298 district purpose, including to:
301299 (1) maintain and operate the district;
302300 (2) construct or acquire improvements; or
303301 (3) provide a service.
304302 (b) The board shall determine the tax rate. The rate may not
305303 exceed the rate approved at the election.
306304 (c) Section 49.107(h), Water Code, does not apply to the
307305 district.
308306 Sec. 3940.203. CONTRACT TAXES. (a) In accordance with
309307 Section 49.108, Water Code, the district may impose a tax other than
310308 an operation and maintenance tax and use the revenue derived from
311309 the tax to make payments under a contract after the provisions of
312310 the contract have been approved by a majority of the district voters
313311 voting at an election held for that purpose.
314312 (b) A contract approved by the district voters may contain a
315313 provision stating that the contract may be modified or amended by
316314 the board without further voter approval.
317315 Sec. 3940.204. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS
318316 AND OTHER OBLIGATIONS. (a) The district may borrow money on terms
319317 determined by the board. Section 375.205, Local Government Code,
320318 does not apply to a loan, line of credit, or other borrowing from a
321319 bank or financial institution secured by revenue other than ad
322320 valorem taxes.
323321 (b) The district may issue bonds, notes, or other
324322 obligations payable wholly or partly from ad valorem taxes,
325323 assessments, impact fees, revenue, contract payments, grants, or
326324 other district money, or any combination of those sources of money,
327325 to pay for any authorized district purpose.
328326 (c) The limitation on the outstanding principal amount of
329327 bonds, notes, and other obligations provided by Section 49.4645,
330328 Water Code, does not apply to the district.
331329 Sec. 3940.205. TAXES FOR BONDS. At the time the district
332330 issues bonds payable wholly or partly from ad valorem taxes, the
333331 board shall provide for the annual imposition of a continuing
334332 direct annual ad valorem tax, without limit as to rate or amount,
335333 for each year that all or part of the bonds are outstanding as
336334 required and in the manner provided by Sections 54.601 and 54.602,
337335 Water Code.
338336 SUBCHAPTER F. DISSOLUTION AND MUNICIPAL ANNEXATION
339337 Sec. 3940.251. MUNICIPAL ANNEXATION; DISSOLUTION.
340338 (a) The district is a "water or sewer district" under Section
341339 43.071, Local Government Code.
342340 (b) Section 43.075, Local Government Code, applies to the
343341 district.
344342 (c) Section 375.264, Local Government Code, does not apply
345343 to the dissolution of the district by a municipality.
346344 SECTION 2. The Valley Ranch Medical Center Management
347345 District initially includes all territory contained in the
348346 following area:
349347 TRACT 1
350348 Being a 46.80 acre tract of land out of the E. S. Perkins
351349 Survey, Abstract 425, Montgomery County, Texas; out of and a
352350 portion of that certain called 286.388 acre tract of land conveyed
353351 to Sig-Valley Ranch, Ltd., a Texas limited partnership, by Special
354352 Warranty Deed with Vendor's Lien dated August 9, 2005, as recorded
355353 in File No. 2005-094964 in the Montgomery County Official Public
356354 Records of Real Property; said 46.80 acre tract of land being more
357355 particularly described by metes and bounds as follows, with all
358356 bearings being referenced to Texas State Plane Coordinate System,
359357 Central Zone (NAD 83) CORS96, EPOCH 2002.00;
360358 COMMENCING at a set 3/4-inch iron rod with cap stamped
361359 "DANNENBAUM ENGINEERING" for the Northeast corner of said 286.388
362360 acre tract, and the Southeast corner of Forest Colony, Section One,
363361 as recorded in Cabinet "P", Sheet 51 in the Map files of Montgomery
364362 County, Texas, and being in the West Right-of-Way of U.S. Highway 59
365363 (320-foot right-of-way) as recorded in Volume 516, Page 341 in the
366364 Deed Records of Montgomery County, Texas; from which a found TxDOT
367365 Brass Disk bears South 12°02'13" West, 0.85 feet, and a found
368366 1/2-inch iron rod bears South 86°07'24" East, 0.64 feet;
369367 THENCE South 86° 07' 24" West, with the South line of said
370368 Forest Colony, Section One, and the North line of said 286.388 acre
371369 tract of land, 747.57 feet to a found 5/8-inch iron rod, for an
372370 angle point;
373371 THENCE South 86° 27' 55" West, with the South line of said
374372 Forest Colony, Section One, and the North line of said 286.388 acre
375373 tract of land, 3.07 feet to a set 3/4-inch iron rod with cap stamped
376374 "DANNENBAUM ENGINEERING" for the POINT OF BEGINNING of the herein
377375 described tract;
378376 THENCE South 03° 51' 18" East, 462.36 feet to a set 3/4-inch
379377 iron rod with cap stamped "DANNENBAUM ENGINEERING" for corner;
380378 THENCE South 77° 59' 36" East, 345.00 feet to a set 3/4-inch
381379 iron rod with cap stamped "DANNENBAUM ENGINEERING" for corner;
382380 THENCE South 12° 00' 24" West, 724.42 to a point for corner in
383381 the Proposed North right-of-way line of Azalea Boulevard (width
384382 varies); also being the beginning of a tangent curve to the right;
385383 THENCE with the South lines of the herein described tract and
386384 the Proposed North right-of-way lines of said Azalea Boulevard, the
387385 following courses and distances:
388386 - Along the arc of said curve to the left, having a radius of
389387 300.00 feet, an arc length of 9.01 feet, a central angle of 01° 43'
390388 15", and a chord bearing North 80° 03' 00" West, 9.01 feet to a set
391389 3/4-inch iron rod with cap stamped "DANNENBAUM ENGINEERING" for
392390 corner at a point of tangency;
393391 - North 80° 54' 37" West, 150.71 feet to a set 3/4-inch iron
394392 rod with cap stamped "DANNENBUM ENGINEERING" for corner and the
395393 beginning of a tangent curve to the right;
396394 - Along the arc of said curve to the right, having a radius
397395 of 300.00 feet, an arc length of 22.25, a central angle of 04° 15'
398396 01", and a chord bearing North 78° 47' 06" West, 22.25 feet to a set
399397 3/4-inch iron rod with cap stamped "DANNENBUM ENGINEERING" for
400398 corner at a point of tangency;
401399 - North 76° 39' 36" West, 216.28 feet to a set 3/4-inch iron
402400 rod with cap stamped "DANNENBUM ENGINEERING" for corner and the
403401 beginning of a tangent curve to the left;
404402 - Along the arc of said curve to the left, having a radius of
405403 2050.00 feet, an arc length of 1076.61, a central angle of 30° 05'
406404 25", and a chord bearing South 88° 17' 42" West, 1064.28 feet to a
407405 set 3/4-inch iron rod with cap stamped "DANNENBUM ENGINEERING" for
408406 corner at a point of tangency;
409407 - South 73° 14' 59" West, 282.86 feet to a set 3/4-inch iron
410408 rod with cap stamped "DANNENBAUM ENGINEERING" for corner at the
411409 Southwest corner of the herein described tract; also being the
412410 Southeast corner of that certain called 3.998 acre tract of land,
413411 being a Revised Drill Site, as recorded in File Number 2013112660 in
414412 the Official Public Records of Real Property, Montgomery County,
415413 Texas;
416414 THENCE North 16° 44'39" West with the East line of said 3.998
417415 acres tract and the West line of the herein described tract, 300.03
418416 feet to a set 3/4-inch iron rod with cap stamped "DANNENBUM
419417 ENGINEERING" for corner;
420418 THENCE North 13° 13'02" West with the East line of said 3.998
421419 acres tract and the West line of the herein described tract, 225.07
422420 feet to a set 3/4-inch iron rod with cap stamped "DANNENBUM
423421 ENGINEERING" for corner;
424422 THENCE North 06° 50' 25" West with the West line of the herein
425423 described tract, 225.70 feet to a set 3/4-inch iron rod with cap
426424 stamped "DANNENBUM ENGINEERING" for corner;
427425 THENCE North 03° 39' 14" West with the West line of the herein
428426 described tract, 436.16 feet to a set 3/4-inch iron rod with cap
429427 stamped "DANNENBUM ENGINEERING" for corner at the Northwest corner
430428 of the herein described tract; being in the North line of said
431429 286.388 acres tract, and being in the South line of Forest Colony,
432430 Section One, a subdivision plat recorded in Cabinet P, Sheet 51 in
433431 the Map Records of Montgomery County, Texas;
434432 THENCE North 86° 27' 55" East with the South line of said
435433 Forest Colony, Section 1 and the North line of said 286.388 acres
436434 tract, at a distance of 115.78 feet passing a found 1/2-inch iron
437435 rod, continuing for a total distance of 1701.92 feet to the POINT OF
438436 BEGINNING; containing 46.80 acres of land, more or less.
439437 TRACT 2
440438 Being a 48.34 acre tract of land out of the E. S. Perkins
441439 Survey, Abstract 425, Montgomery County, Texas; out of and a
442440 portion of that certain called 286.388 acre tract of land conveyed
443441 to Sig-Valley Ranch, Ltd., a Texas limited partnership, by Special
444442 Warranty Deed with Vendor's Lien dated August 9, 2005, as recorded
445443 in File No. 2005-094964 in the Montgomery County Official Public
446444 Records of Real Property; said 48.34 acre tract of land being more
447445 particularly described by metes and bounds as follows, with all
448446 bearings being referenced to Texas State Plane Coordinate System,
449447 Central Zone (NAD 83) CORS96, EPOCH 2002.00;
450448 BEGINNING at a found TxDOT aluminum disc for the southeast
451449 corner of the herein described tract, being in the West
452450 right-of-way of U.S. Highway 59 (330-foot right-of-way) as recorded
453451 in Volume 516, Page 341 in the Deed Records of Montgomery County,
454452 Texas and File Number 2006-061206 in the Official Public Records of
455453 Real Property, Montgomery County, Texas; also being in the North
456454 line of that certain called 6.5425 acre tract of land conveyed to
457455 Billie Gene Cornelius and Virginia R. Cornelius, by deed executed
458456 August 26, 1991, as recorded in File Number 9138986 in the Deed
459457 Records of Montgomery County, Texas;
460458 THENCE South 87° 11' 38" West, with the South line of said
461459 286.388 acre tract, at a distance of 594.67 feet passing a point for
462460 the Northwest corner of said 6.5425 acre tract, and the Northeast
463461 corner of that certain called 1.00 acre tract of land conveyed to
464462 Bill G. Cornelius and Virginia Cornelius by deed dated March 3,
465463 1997, as recorded in File Number 9714406 in the Deed Records of
466464 Montgomery County, Texas from which a found 1/2-inch iron rod bears
467465 North 02°48'22" West, 4.07 feet; continuing for a total distance of
468466 814.70 feet to a found 1/2-inch iron rod for Northwest corner of
469467 said 1.00 acre tract, and being on the East line of that certain
470468 called 20 acre tract of land conveyed to Thurman J. Dunn, by deed
471469 dated December 1, 1965, as recorded in Volume 609, Page 258 in the
472470 Deed Records of Montgomery County, Texas;
473471 THENCE South 88° 27' 45" West, with the South line of said
474472 286.388 acre tract, 684.28 feet (Record North 88° 25' 29" West) to a
475473 point for the Southeast corner of the herein described tract;
476474 THENCE with the East lines of the herein described tract, the
477475 following courses and distances:
478476 - North 01° 43' 00" West, 808.26 feet to a set 3/4-inch iron
479477 rod with cap stamped "DANNENBAUM ENGINEERING" for corner;
480478 - North 06° 58' 08" West, 280.91 feet to a set 3/4-inch iron
481479 rod with cap stamped "DANNENBAUM ENGINEERING" for corner;
482480 - North 09° 40' 20" West, 217.92 feet to a set 3/4-inch iron
483481 rod with cap stamped "DANNENBAUM ENGINEERING" for corner;
484482 - North 16° 45' 01" West, 30.00 feet to a set 3/4-inch iron
485483 rod with cap stamped "DANNENBAUM ENGINEERING" for corner at the
486484 Northwest corner of the herein described tract; also being in the
487485 Proposed South right-of-way line of Azalea Boulevard (100-foot
488486 right-of-way);
489487 THENCE with the North lines of the herein described tract and
490488 said Proposed South right-of-way lines of Azalea Boulevard, the
491489 following courses and distances:
492490 - North 73° 14' 55" East, 225.75 feet to a set 3/4-inch iron
493491 rod with cap stamped "DANNENBAUM ENGINEERING" for corner and the
494492 beginning of a tangent curve to the right;
495493 - Along the arc of said curve to the right, having a radius
496494 of 1950.00 feet, an arc length of 1024.09 feet, a central angle of
497495 30° 05' 25", and a chord bearing North 88° 17' 42" East, 1012.36 feet
498496 to a set 3/4-inch iron rod with cap stamped "DANNENBAUM
499497 ENGINEERING" for corner at a point of tangency;
500498 - South 76° 39' 36" East, 203.44 feet to a set 3/4-inch iron
501499 rod with cap stamped "DANNENBAUM ENGINEERING" for corner and the
502500 beginning of a tangent curve to the right;
503501 - Along the arc of said curve to the right, having a radius
504502 of 300.00 feet, an arc length of 6.94 feet, a central angle of 01°
505503 19' 29", and a chord bearing South 75° 59' 51" East, 6.94 feet to a
506504 point for corner;
507505 THENCE South 12° 00' 24" West, 355.36 feet to set 3/4-inch
508506 iron rod with cap stamped "DANNENBAUM ENGINEERING" for corner;
509507 THENCE South 40° 25' 54" East, 264.54 feet to a set 3/4-inch
510508 iron rod with cap stamped "DANNEENBAUM ENGINEERING" for corner;
511509 THENCE South 77° 59' 36" East, 229.85 feet to a set 3/4-inch
512510 iron rod with cap stamped "DANNENBAUM ENGINEERING" for corner in
513511 the West right-of-way line of said U. S. Highway 59 and the East
514512 line of said 286.388 acre tract;
515513 THENCE South 12° 02' 13" West, with the West right-of-way line
516514 of said U. S. Highway 59 and the East line of said 286.388 acre
517515 tract, 738.07 feet to the POINT OF BEGINNING; containing 48.34
518516 acres of land, more or less.
519517 TRACT 3
520518 Being a 18.437 acres tract of land out of the E. S. Perkins
521519 Survey, Abstract Number 425; out of and a portion of that certain
522520 called 286.388 acre tract of land conveyed to Sig-Valley Ranch,
523521 Ltd., a Texas limited partnership, by Special Warranty Deed with
524522 Vendor's Lien dated August 9, 2005, as recorded in File
525523 No. 2005-094964 in the Montgomery County Official Public Records of
526524 Real Property; said 18.437 acres tract of land being more
527525 particularly described by metes and bounds as follows, with all
528526 bearings being referenced to the Texas Coordinate System, Central
529527 Zone (NAD 83);
530528 BEGINNING at a set 3/4-inch iron rod with cap stamped
531529 "DANNENBAUM ENGINEERING" for the Northeast corner of said 286.388
532530 acre tract, being the Southeast corner of Forest Colony, Section
533531 One, as recorded in Cabinet "P", Sheet 51 in the Map files of
534532 Montgomery County, Texas, and being on the West Right-of-Way line
535533 of U.S. Highway 59 (320-foot Right-of-Way) as recorded in Volume
536534 519, Page 341 in the Deed Records of Montgomery County, Texas, from
537535 which a found 4-inch TxDOT aluminum disk bears South 12°02'33" West,
538536 0.85 feet, and a found 1/2-inch iron rod bears South 86°07'24" East,
539537 0.64 feet;
540538 THENCE South 12° 02" 13" West, with the West Right-of-Way of
541539 said U.S. Highway 59 and the east line of said 286.388 acre tract,
542540 50.84 feet to a found 1/2-inch iron rod with cap for the Northeast
543541 corner of a called 100 square feet tract of land conveyed to
544542 Signorelli Media, Ltd., as recorded in File Number 2006-031563 of
545543 the Official Public Records of Real Property, Montgomery County,
546544 Texas;
547545 THENCE South 86° 21' 29" West, with the North line of said 100
548546 square feet tract, 10.00 feet to a found 1/2-inch iron rod with cap
549547 for the Northwest corner of said 100 square feet tract;
550548 THENCE South 12° 02' 13" West, with the West line of said 100
551549 square feet tract, 10.00 feet to a found 1/2-inch iron rod with cap
552550 for the Southwest corner of said 100 square feet tract;
553551 THENCE North 86° 21' 29" East, with the South line of said 100
554552 square feet tract, 10.00 feet to a found 1/2-inch iron rod with cap
555553 for the Southeast corner of said 100 square feet tract, being on the
556554 West Right-of-Way of said U.S. Highway 59 and the East line of said
557555 286.388 acre tract;
558556 THENCE South 12° 02" 13" West, with the West Right-of-Way of
559557 said U.S. Highway 59 and the East line of said 286.388 acre tract,
560558 1934.61 feet to set 3/4-inch iron rod with cap stamped "DANNENBUM
561559 ENGINEERING" for the Southeast corner of the herein described
562560 tract;
563561 THENCE North 77° 59' 36" West, 229.85 feet to a set 3/4-inch
564562 iron rod with cap stamped "DANNENBUM ENGINEERING" for the Southwest
565563 corner of the herein described tract;
566564 THENCE North 40° 25' 54" West, 264.54 feet to a set 3/4-inch
567565 iron rod with cap stamped "DANNENBUM ENGINEERING" for corner;
568566 THENCE North 12° 00' 24" East, 454.00 feet to a set 3/4-inch
569567 iron rod with cap stamped "DANNENBUM ENGINEERING" for corner;
570568 THENCE South 77° 59' 36" West, 190.00 feet to a set 3/4-inch
571569 iron rod with cap stamped "DANNENBUM ENGINEERING" for corner;
572570 THENCE North 12° 00' 24" East, 730.00 feet to a set 3/4-inch
573571 iron rod with cap stamped "DANNENBUM ENGINEERING" for corner;
574572 THENCE North 77° 59' 36" West, 345.00 feet to a set 3/4-inch
575573 iron rod with cap stamped "DANNENBUM ENGINEERING" for corner;
576574 THENCE North 03° 51' 18" West, 462.36 feet to a set 3/4-inch
577575 iron rod with cap stamped "DANNENBAUM ENGINEERING" on the South
578576 line of said Forest Colony, Section One, and the North line of said
579577 286.388 acre tract, for the Northwest corner of the herein
580578 described tract;
581579 THENCE North 86° 27' 45" East, 3.07 feet to a found 5/8-inch
582580 iron rod for an angle point in the South line of said Forest Colony,
583581 Section One, and the North line of said 286.388 acre tract;
584582 THENCE North 86° 07' 24" East, with the South line of said
585583 Forest Colony, Section One, and the North line of said 286.388 acre
586584 tract, 747.57 feet to the POINT OF BEGINNING containing 18.437
587585 acres of land, more or less.
588586 TRACT 4
589587 BEING 9.895 ACRES OF LAND IN THE E.S. PERKINS SURVEY, A-425,
590588 MONTGOMERY COUNTY, TEXAS, SAID 9.895 ACRES BEING A PART OF THE
591589 SIG-VALLEY RANCH LTD. 286.388 ACRE TRACT OF LAND DEED OF WHICH IS
592590 RECORDED UNDER COUNTY CLERK'S FILE NUMBER 2005-094964, MONTGOMERY
593591 COUNTY REAL PROPERTY RECORDS, SAID 9.895 ACRES BEING DESCRIBED MORE
594592 PARTICULARLY AS FOLLOWS:
595593 COMMENCING at a 5/8" iron rod found in the West Right of Way
596594 line of U.S. Highway 59, (Right of Way varies, C.C.F.N.
597595 2006-061206, M.C.R.P.R.) for the Northeast corner of said 286.388
598596 acre tract and the Southeast corner of the Forest Colony, Section 1
599597 tract of land, deed of which is recorded under County Clerk's File
600598 Number 2001-002781, Montgomery County Real Property Records;
601599 THENCE, S. 12° 05' 28" W., along the East line of said 286.388
602600 acre tract and the above mentioned West line for a distance of
603601 944.85 feet to a point;
604602 THENCE, S. 12° 00' 38" W., continuing along said East and West
605603 line for a distance of 392.53 feet to a 5/8" iron rod set with a cap
606604 stamped "Jeff Moon RPLS 4639" for a Northeast corner and the POINT
607605 OF BEGINNING of the herein described tract of land;
608606 THENCE, S. 12° 00' 38" W., continuing along said East and West
609607 line for a distance of 190.00 feet to a 5/8" iron rod set with a cap
610608 stamped "Jeff Moon RPLS 4639" for the Southeast corner of the herein
611609 described tract of land;
612610 THENCE, leaving said East and West line and across said
613611 Sig-Valley Ranch LTD. tract the following calls;
614612 In a Northwesterly direction, along a curve to the left
615613 having a radius of 35.00 feet, a central angle of 89° 28' 40",
616614 for an arc length of 54.66 feet, chord bears N. 32° 43' 42" W.,
617615 49.27 feet to a 5/8" iron rod set with a cap stamped "Jeff
618616 Moon RPLS 4639" at the end of curve;
619617 THENCE, N. 77° 28' 02" W., for a distance of 207.74 feet to a
620618 5/8" iron rod set with a cap stamped "Jeff Moon RPLS 4639" at the
621619 beginning of a curve to the right;
622620 THENCE, in a Northwesterly direction, along said curve to the
623621 right having a radius of 300.00 feet, a central angle of 03° 00' 42",
624622 for an arc length of 15.77 feet, chord bears N. 75° 57' 41" W., 15.77
625623 feet to a 5/8" iron rod set with a cap stamped "Jeff Moon RPLS 4639"
626624 at the end of curve;
627625 THENCE, N. 74° 27' 20" W., for a distance of 176.77 feet to a
628626 5/8" iron rod set with a cap stamped "Jeff Moon RPLS 4639" at the
629627 beginning of a curve to the left;
630628 THENCE, in a Northwesterly direction, along said curve to the
631629 left having a radius of 300.00 feet, a central angle of 02° 12' 16",
632630 for an arc length of 11.54 feet, chord bears N. 75° 33' 28" W., 11.54
633631 feet to a 5/8" iron rod set with a cap stamped "Jeff Moon RPLS 4639"
634632 at the end of curve;
635633 THENCE, N. 76° 39' 36" W., for a distance of 203.44 feet to a
636634 5/8" iron rod set with a cap stamped "Jeff Moon RPLS 4639" at the
637635 beginning of a curve to the left;
638636 THENCE, in a Southwesterly direction, along said curve to the
639637 left having a radius of 1,950.00 feet, a central angle of 30° 05'
640638 25", for an arc length of 1024.09 feet, chord bears S. 88° 17' 42"
641639 W., 1,012.36 feet to a 5/8" iron rod set with a cap stamped "Jeff
642640 Moon RPLS 4639" at the end of curve;
643641 THENCE, S. 73° 14' 59" W., for a distance of 461.39 feet to a
644642 5/8" iron rod set with a cap stamped "Jeff Moon RPLS 4639" at the
645643 beginning of a curve to the right;
646644 THENCE, in a Southwesterly direction, along said curve to the
647645 right having a radius of 300.00 feet, a central angle of 08° 02' 37",
648646 for an arc length of 42.12 feet, chord bears S. 77° 16' 18" W., 42.08
649647 feet to a 5/8" iron rod set with a cap stamped "Jeff Moon RPLS 4639"
650648 at the end of curve;
651649 THENCE, S. 81° 17' 36" W., for a distance of 29.28 feet to a
652650 5/8" iron rod set with a cap stamped "Jeff Moon RPLS 4639" at the
653651 beginning of a curve to the left;
654652 THENCE, in a Southwesterly direction, along said curve to the
655653 left having a radius of 300.00 feet, a central angle of 08° 02' 37",
656654 for an arc length of 42.12 feet, chord bears S. 77° 16' 18" W., 42.08
657655 feet to a 5/8" iron rod set with a cap stamped "Jeff Moon RPLS 4639"
658656 at the end of curve;
659657 THENCE, S. 73° 14' 59" W., for a distance of 373.17 feet to a
660658 5/8" iron rod set with a cap stamped "Jeff Moon RPLS 4639" at the
661659 beginning of a curve to the right;
662660 THENCE, in a Southwesterly direction, along said curve to the
663661 right having a radius of 2,040.00 feet, a central angle of 15° 26'
664662 03", for an arc length of 549.53 feet, chord bears S. 80° 58' 01" W.,
665663 547.87 feet to a 5/8" iron rod set with a cap stamped "Jeff Moon RPLS
666664 4639" at the beginning of a curve to the left;
667665 THENCE, in a Southwesterly direction, along said curve to the
668666 left having a radius of 25.00 feet, a central angle of 88° 27' 59",
669667 for an arc length of 38.60 feet, chord bears S. 44° 27' 03" W., 34.88
670668 feet to a 5/8" iron rod set with a cap stamped "Jeff Moon RPLS 4639"
671669 at the end of curve;
672670 THENCE, N. 89° 47' 06" W., for a distance of 60.03 feet to a
673671 5/8" iron rod set with a cap stamped "Jeff Moon RPLS 4639" at the
674672 beginning of a curve to the left;
675673 THENCE, in a Northwesterly direction, along said curve to the
676674 left having a radius of 25.00 feet, a central angle of 88° 27' 20",
677675 for an arc length of 38.60 feet, chord bears N. 44° 02' 06" W., 34.88
678676 feet to a 5/8" iron rod set with a cap stamped "Jeff Moon RPLS 4639"
679677 at the beginning of a curve to the right;
680678 THENCE, in a Northwesterly direction, along said curve to the
681679 right having a radius of 2,040.00 feet, a central angle of 06° 50'
682680 13", for an arc length of 243.43 feet, chord bears N. 84° 50' 40" W.,
683681 243.28 feet to a 5/8" iron rod set with a cap stamped "Jeff Moon RPLS
684682 4639" at the end of curve;
685683 THENCE, N. 81° 25' 33" W., for a distance of 669.22 feet to a
686684 5/8" iron rod set with a cap stamped "Jeff Moon RPLS 4639" at the
687685 beginning of a curve to the left;
688686 THENCE, in a Northwesterly direction, along said curve to the
689687 left having a radius of 300.00 feet, a central angle of 11° 08' 25",
690688 for an arc length of 58.33 feet, chord bears N. 86° 59' 46" W., 58.24
691689 feet to a 5/8" iron rod set with a cap stamped "Jeff Moon RPLS 4639"
692690 at the end of curve;
693691 THENCE, S. 87° 26' 02" W., for a distance of 290.39 feet to a
694692 5/8" iron rod set with a cap stamped "Jeff Moon RPLS 4639" at the
695693 beginning of a curve to the left;
696694 THENCE, in a Southwesterly direction, along said curve to the
697695 left having a radius of 30.00 feet, a central angle of 91° 00' 24",
698696 for an arc length of 47.65 feet, chord bears S. 41° 55' 50" W., 42.80
699697 feet to a 5/8" iron rod set with a cap stamped "Jeff Moon RPLS 4639"
700698 at the end of curve on the East line of Valley Ranch Crossing Drive
701699 (120 foot Right of Way, C.C.F.N. 2006-112640, M.C.R.P.R.) and the
702700 West line of above mentioned Sig-Valley Ranch LTD. tract of land for
703701 the Southwest corner of the herein described tract of land;
704702 THENCE, N. 03° 34' 00" W., along above mentioned West and East
705703 line for a distance of 160.03 feet to a 5/8" iron rod set with a cap
706704 stamped "Jeff Moon RPLS 4639" for a Northwest corner of the herein
707705 described tract of land at the beginning of a curve to the left;
708706 THENCE, leaving said West and East line and through said
709707 Sig-Valley Ranch LTD. tract the following calls;
710708 In a Southeasterly direction, along said curve to the
711709 left having a radius of 30.00 feet, a central angle of 88° 59'
712710 58", for an arc length of 46.60 feet, chord bears S. 48° 03'
713711 59" E., 42.05 feet to a 5/8" iron rod set with a cap stamped
714712 "Jeff Moon RPLS 4639" at the end of curve;
715713 THENCE, N. 87° 26' 02" E., for a distance of 199.43 feet to a
716714 5/8" iron rod set with a cap stamped "Jeff Moon RPLS 4639" at the
717715 beginning of a curve to the right;
718716 THENCE, in a Southeasterly direction, along said curve to the
719717 right having a radius of 300.00 feet, a central angle of 11° 08' 25",
720718 for an arc length of 58.33 feet, chord bears S. 86° 59' 46" E., 58.24
721719 feet to a 5/8" iron rod set with a cap stamped "Jeff Moon RPLS 4639"
722720 at the end of curve;
723721 THENCE, S. 81° 25' 33" E., for a distance of 360.71 feet to a
724722 5/8" iron rod set with a cap stamped "Jeff Moon RPLS 4639" at the
725723 beginning of a curve to the left;
726724 THENCE, in a Northeasterly direction, along said curve to the
727725 left having a radius of 25.00 feet, a central angle of 90° 04' 09",
728726 for an arc length of 39.30 feet, chord bears N. 53° 32' 20" E., 35.38
729727 feet to a 5/8" iron rod set with a cap stamped "Jeff Moon RPLS 4639"
730728 at the end of curve;
731729 THENCE S. 81° 22' 56" E., for a distance of 80.00 feet to a
732730 5/8" iron rod set with a cap stamped "Jeff Moon RPLS 4639" at the
733731 beginning of a curve to the left;
734732 THENCE, in a Southeasterly direction, along said curve to the
735733 left having a radius of 25.00 feet, a central angle of 89° 55' 50",
736734 for an arc length of 39.24 feet, chord bears S. 36° 27' 40" E., 35.33
737735 feet to a 5/8" iron rod set with a cap stamped "Jeff Moon RPLS 4639"
738736 at the end of curve;
739737 THENCE, S. 81° 25' 33" E., for a distance of 289.83 feet to a
740738 5/8" iron rod set with a cap stamped "Jeff Moon RPLS 4639" at the
741739 beginning of a curve to the left;
742740 THENCE, in a Southeasterly direction, along said curve to the
743741 left having a radius of 1960.00 feet, a central angle of 06° 48' 02",
744742 for an arc length of 232.64 feet, chord bears S. 84° 49' 34" E.,
745743 232.50 feet to a 5/8" iron rod set with a cap stamped "Jeff Moon RPLS
746744 4639" at the beginning of a curve to the left;
747745 THENCE, in a Northeasterly direction, along said curve to the
748746 left having a radius of 25.00 feet, a central angle of 89° 01' 24",
749747 for an arc length of 38.84 feet, chord bears N. 47° 15' 43" E., 35.05
750748 feet to a 5/8" iron rod set with a cap stamped "Jeff Moon RPLS 4639"
751749 at the end of curve;
752750 THENCE N. 88° 05' 40" E., for a distance of 60.22 feet to a
753751 5/8" iron rod set with a cap stamped "Jeff Moon RPLS 4639" at the
754752 beginning of a curve to the left;
755753 THENCE, in a Southeasterly direction, along said curve to the
756754 left having a radius of 25.00 feet, a central angle of 93° 57' 27",
757755 for an arc length of 41.00 feet, chord bears S. 44° 30' 33" E., 36.56
758756 feet to a 5/8" iron rod set with a cap stamped "Jeff Moon RPLS 4639"
759757 at the beginning of a curve to the left;
760758 THENCE, in a Northeasterly direction, along said curve to the
761759 left having a radius of 1960.00 feet, a central angle of 15° 15' 44",
762760 for an arc length of 522.10 feet, chord bears N. 80° 52' 51" E.,
763761 520.56 feet to a 5/8" iron rod set with a cap stamped "Jeff Moon RPLS
764762 4639" at the end of curve;
765763 THENCE N. 73° 14' 59" E., for a distance of 373.02 feet to a
766764 5/8" iron rod set with a cap stamped "Jeff Moon RPLS 4639" at the
767765 beginning of a curve to the left;
768766 THENCE, in a Northeasterly direction, along said curve to the
769767 left having a radius of 300.00 feet, a central angle of 08° 02' 48",
770768 for an arc length of 42.13 feet, chord bears N. 69° 13' 35" E., 42.10
771769 feet to a 5/8" iron rod set with a cap stamped "Jeff Moon RPLS 4639"
772770 at the end of curve;
773771 THENCE, N. 65° 12' 11" E., for a distance of 29.24 feet to a
774772 5/8" iron rod set with a cap stamped "Jeff Moon RPLS 4639" at the
775773 beginning of a curve to the right;
776774 THENCE, in a Northeasterly direction, along said curve to the
777775 right having a radius of 300.00 feet, a central angle of 08° 02' 48",
778776 for an arc length of 42.13 feet, chord bears N. 69° 13' 35" E., 42.10
779777 feet to a 5/8" iron rod set with a cap stamped "Jeff Moon RPLS 4639"
780778 at the end of curve;
781779 THENCE, N. 73° 14' 59" E., for a distance of 461.55 feet to a
782780 5/8" iron rod set with a cap stamped "Jeff Moon RPLS 4639" at the
783781 beginning of a curve to the right;
784782 THENCE, in a Northeasterly direction, along said curve to the
785783 right having a radius of 2,050.00 feet, a central angle of 30° 05'
786784 25", for an arc length of 1,076.61 feet, chord bears N. 88° 17' 42"
787785 E., 1,064.28 feet to a 5/8" iron rod set with a cap stamped "Jeff
788786 Moon RPLS 4639" at the end of curve;
789787 THENCE, S. 76° 39' 36" E., for a distance of 216.28 feet to a
790788 5/8" iron rod set with a cap stamped "Jeff Moon RPLS 4639" at the
791789 beginning of a curve to the left;
792790 THENCE, in a Southeasterly direction, along said curve to the
793791 left having a radius of 300.00 feet, a central angle of 04° 15' 01",
794792 for an arc length of 22.25 feet, chord bears S. 78° 47' 06" E., 22.25
795793 feet to a 5/8" iron rod set with a cap stamped "Jeff Moon RPLS 4639"
796794 at the end of curve;
797795 THENCE, S. 80° 54' 37" E., for a distance of 150.71 feet to a
798796 5/8" iron rod set with a cap stamped "Jeff Moon RPLS 4639" at the
799797 beginning of a curve to the right;
800798 THENCE, in a Southeasterly direction, along said curve to the
801799 right having a radius of 300.00 feet, a central angle of 03° 26' 35",
802800 for an arc length of 18.03 feet, chord bears S. 79° 11' 20" E., 18.03
803801 feet to a 5/8" iron rod set with a cap stamped "Jeff Moon RPLS 4639"
804802 at the end of curve;
805803 THENCE, S. 77° 28' 02" E., for a distance of 204.88 feet to a
806804 5/8" iron rod set with a cap stamped "Jeff Moon RPLS 4639" at the
807805 beginning of a curve to the left;
808806 THENCE, in a Northeasterly direction, along said curve to the
809807 left having a radius of 35.00 feet, a central angle of 90° 31' 20",
810808 for an arc length of 55.30 feet, chord bears N. 57° 16' 18" E., 49.72
811809 feet to the POINT OF BEGINNING and containing in all 9.895 acres of
812810 land.
813811 SECTION 3. (a) The legal notice of the intention to
814812 introduce this Act, setting forth the general substance of this
815813 Act, has been published as provided by law, and the notice and a
816814 copy of this Act have been furnished to all persons, agencies,
817815 officials, or entities to which they are required to be furnished
818816 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
819817 Government Code.
820818 (b) The governor, one of the required recipients, has
821819 submitted the notice and Act to the Texas Commission on
822820 Environmental Quality.
823821 (c) The Texas Commission on Environmental Quality has filed
824822 its recommendations relating to this Act with the governor,
825823 lieutenant governor, and speaker of the house of representatives
826824 within the required time.
827825 (d) The general law relating to consent by political
828826 subdivisions to the creation of districts with conservation,
829827 reclamation, and road powers and the inclusion of land in those
830828 districts has been complied with.
831829 (e) All requirements of the constitution and laws of this
832830 state and the rules and procedures of the legislature with respect
833831 to the notice, introduction, and passage of this Act have been
834832 fulfilled and accomplished.
835833 SECTION 4. This Act takes effect immediately if it receives
836834 a vote of two-thirds of all the members elected to each house, as
837835 provided by Section 39, Article III, Texas Constitution. If this
838836 Act does not receive the vote necessary for immediate effect, this
839837 Act takes effect September 1, 2015.
838+ ______________________________ ______________________________
839+ President of the Senate Speaker of the House
840+ I hereby certify that S.B. No. 2043 passed the Senate on
841+ May 8, 2015, by the following vote: Yeas 29, Nays 1, one present
842+ not voting.
843+ ______________________________
844+ Secretary of the Senate
845+ I hereby certify that S.B. No. 2043 passed the House on
846+ May 22, 2015, by the following vote: Yeas 140, Nays 0, two
847+ present not voting.
848+ ______________________________
849+ Chief Clerk of the House
850+ Approved:
851+ ______________________________
852+ Date
853+ ______________________________
854+ Governor