Texas 2017 - 85th Regular

Texas House Bill HB4303 Compare Versions

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1-H.B. No. 4303
1+By: Burns (Senate Sponsor - Birdwell) H.B. No. 4303
2+ (In the Senate - Received from the House May 19, 2017;
3+ May 19, 2017, read first time and referred to Committee on
4+ Intergovernmental Relations; May 22, 2017, reported adversely,
5+ with favorable Committee Substitute by the following vote: Yeas 6,
6+ Nays 0, 1 present not voting; May 22, 2017, sent to printer.)
7+Click here to see the committee vote
8+ COMMITTEE SUBSTITUTE FOR H.B. No. 4303 By: Campbell
29
310
11+ A BILL TO BE ENTITLED
412 AN ACT
513 relating to the creation of the Prairie Ridge Municipal Management
614 District No. 1 and to the correction of defined terms in the law
715 governing the Joshua Farms Municipal Management District No. 1 and
816 the law governing the Joshua Farms Municipal Management District
917 No. 2; providing authority to issue bonds; providing authority to
1018 impose assessments, fees, or taxes; granting a limited power of
1119 eminent domain.
1220 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1321 SECTION 1. Section 3926.001(2), Special District Local Laws
1422 Code, is amended to read as follows:
1523 (2) "City" means the City of Cleburne [Burleson],
1624 Texas.
1725 SECTION 2. Section 3929.001(2), Special District Local Laws
1826 Code, is amended to read as follows:
1927 (2) "City" means the City of Burleson [Cleburne],
2028 Texas.
2129 SECTION 3. Subtitle C, Title 4, Special District Local Laws
2230 Code, is amended by adding Chapter 3954 to read as follows:
2331 CHAPTER 3954. PRAIRIE RIDGE MUNICIPAL MANAGEMENT DISTRICT NO. 1
2432 SUBCHAPTER A. GENERAL PROVISIONS
2533 Sec. 3954.001. DEFINITIONS. In this chapter:
2634 (1) "Board" means the district's board of directors.
2735 (2) "City" means the City of Grand Prairie, Texas.
2836 (3) "Commission" means the Texas Commission on
2937 Environmental Quality.
3038 (4) "Director" means a board member.
3139 (5) "District" means the Prairie Ridge Municipal
3240 Management District No. 1.
3341 Sec. 3954.002. CREATION AND NATURE OF DISTRICT. The
3442 district is a special district created under Sections 52 and 52-a,
3543 Article III, and Section 59, Article XVI, Texas Constitution.
3644 Sec. 3954.003. PURPOSE; LEGISLATIVE FINDINGS. (a) The
3745 creation of the district is essential to accomplish the purposes of
3846 Sections 52 and 52-a, Article III, and Section 59, Article XVI,
3947 Texas Constitution, and other public purposes stated in this
4048 chapter. By creating the district and in authorizing the city and
4149 other political subdivisions to contract with the district, the
4250 legislature has established a program to accomplish the public
4351 purposes set out in Section 52-a, Article III, Texas Constitution.
4452 (b) The creation of the district is necessary to promote,
4553 develop, encourage, and maintain employment, commerce,
4654 transportation, housing, tourism, recreation, the arts,
4755 entertainment, economic development, safety, and the public
4856 welfare in the district.
4957 Sec. 3954.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
5058 The district is created to serve a public use and benefit.
5159 (b) All land and other property included in the district
5260 will benefit from the improvements and services to be provided by
5361 the district under powers conferred by Sections 52 and 52-a,
5462 Article III, and Section 59, Article XVI, Texas Constitution, and
5563 other powers granted under this chapter.
5664 (c) The district is created to accomplish the purposes of a
5765 municipal management district as provided by general law and
5866 Sections 52 and 52-a, Article III, and Section 59, Article XVI,
5967 Texas Constitution.
6068 (d) The creation of the district is in the public interest
6169 and is essential to further the public purposes of:
6270 (1) developing and diversifying the economy of the
6371 state;
6472 (2) eliminating unemployment and underemployment;
6573 (3) developing or expanding transportation and
6674 commerce; and
6775 (4) providing quality residential housing.
6876 (e) The district will:
6977 (1) promote the health, safety, and general welfare of
7078 residents, employers, potential employees, employees, visitors,
7179 and consumers in the district, and of the public;
7280 (2) provide needed funding for the district to
7381 preserve, maintain, and enhance the economic health and vitality of
7482 the district territory as a residential community and business
7583 center; and
7684 (3) promote the health, safety, welfare, and enjoyment
7785 of the public by providing pedestrian ways and by landscaping and
7886 developing certain areas in the district, which are necessary for
7987 the restoration, preservation, and enhancement of scenic beauty.
8088 (f) Pedestrian ways along or across a street, whether at
8189 grade or above or below the surface, and street lighting, street
8290 landscaping, parking, and street art objects are parts of and
8391 necessary components of a street and are considered to be a street
8492 or road improvement.
8593 (g) The district will not act as the agent or
8694 instrumentality of any private interest even though the district
8795 will benefit many private interests as well as the public.
8896 Sec. 3954.005. INITIAL DISTRICT TERRITORY. (a) The
8997 district is initially composed of the territory described by
9098 Section 4 of the Act enacting this chapter.
9199 (b) The boundaries and field notes contained in Section 4 of
92100 the Act enacting this chapter form a closure. A mistake in the
93101 field notes or in copying the field notes in the legislative process
94102 does not affect the district's:
95103 (1) organization, existence, or validity;
96104 (2) right to contract;
97105 (3) authority to borrow money or issue bonds or other
98106 obligations described by Section 3954.201 or to pay the principal
99107 and interest of the bonds or other obligations;
100108 (4) right to impose or collect an assessment or
101109 collect other revenue; or
102110 (5) legality or operation.
103111 Sec. 3954.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
104112 (a) All or any part of the area of the district is eligible to be
105113 included in:
106114 (1) a tax increment reinvestment zone created under
107115 Chapter 311, Tax Code;
108116 (2) a tax abatement reinvestment zone created under
109117 Chapter 312, Tax Code; or
110118 (3) an enterprise zone created under Chapter 2303,
111119 Government Code.
112120 (b) If the city creates a tax increment reinvestment zone
113121 described by Subsection (a), the city and the board of directors of
114122 the zone, by contract with the district, may grant money deposited
115123 in the tax increment fund to the district to be used by the district
116124 for:
117125 (1) the purposes permitted for money granted to a
118126 corporation under Section 380.002(b), Local Government Code; and
119127 (2) any other district purpose, including the right to
120128 pledge the money as security for any bonds or other obligations
121129 issued by the district under Section 3954.201.
122130 (c) If the city creates a tax increment reinvestment zone
123131 described by Subsection (a), the city may determine the percentage
124132 of the property in the zone that may be used for residential
125133 purposes and is not subject to the limitations provided by Section
126134 311.006, Tax Code.
127135 Sec. 3954.007. CONFIRMATION AND DIRECTORS' ELECTION
128136 REQUIRED. The initial directors shall hold an election to confirm
129137 the creation of the district and to elect five permanent directors
130138 as provided by Section 49.102, Water Code.
131139 Sec. 3954.008. CITY CONSENT AND DEVELOPMENT AGREEMENT
132140 EXECUTION REQUIRED. The initial directors may not hold an election
133141 under Section 3954.007 until the city has:
134142 (1) consented by ordinance or resolution to the
135143 creation of the district and to the inclusion of land in the
136144 district; and
137145 (2) entered into a development agreement with the
138146 owners of the real property in the district under Section 212.172,
139147 Local Government Code.
140148 Sec. 3954.009. APPLICABILITY OF MUNICIPAL MANAGEMENT
141149 DISTRICT LAW. Except as provided by this chapter, Chapter 375,
142150 Local Government Code, applies to the district.
143- Sec. 3954.010. CONFLICT WITH REGIONAL WATER DISTRICT. To
144- the extent any authority or power granted to the district conflicts
145- with any authority or power granted to the Tarrant Regional Water
146- District, the authority or power granted to the Tarrant Regional
147- Water District supersedes and controls over the authority or power
148- granted to the district, unless the Tarrant Regional Water District
149- consents to the exercise of the authority or power by the district.
150- Sec. 3954.011. CONSTRUCTION OF CHAPTER. This chapter shall
151+ Sec. 3954.010. CONSTRUCTION OF CHAPTER. This chapter shall
151152 be liberally construed in conformity with the findings and purposes
152153 stated in this chapter.
153154 SUBCHAPTER B. BOARD OF DIRECTORS
154155 Sec. 3954.051. GOVERNING BODY; TERMS. (a) The district is
155156 governed by a board of five elected directors.
156157 (b) Except as provided by Section 3954.052, directors serve
157158 staggered four-year terms.
158159 Sec. 3954.052. INITIAL DIRECTORS. (a) The initial board
159160 consists of:
160161 Pos. No. Name of Director
161162 1 Murphy Short
162163 2 Johnny Catalano
163164 3 Reid Halverson
164165 4 Riley Standridge
165166 5 Brian Tomich
166167 (b) Initial directors serve until the earlier of:
167168 (1) the date permanent directors are elected under
168169 Section 3954.007; or
169170 (2) the fourth anniversary of the effective date of
170171 the Act enacting this chapter.
171172 (c) If permanent directors have not been elected under
172173 Section 3954.007 and the terms of the initial directors have
173174 expired, successor initial directors shall be appointed or
174175 reappointed as provided by Subsection (d) to serve terms that
175176 expire on the earlier of:
176177 (1) the date permanent directors are elected under
177178 Section 3954.007; or
178179 (2) the fourth anniversary of the date of the
179180 appointment or reappointment.
180181 (d) If Subsection (c) applies, the owner or owners of a
181182 majority of the assessed value of the real property in the district
182183 according to the most recent certified tax appraisal rolls for the
183184 county may submit a petition to the commission requesting that the
184185 commission appoint as successor initial directors the five persons
185186 named in the petition. The commission shall appoint as successor
186187 initial directors the five persons named in the petition.
187188 Sec. 3954.053. COMPENSATION. A director is entitled to
188189 receive fees of office and reimbursement for actual expenses in the
189190 manner provided by Section 49.060, Water Code. Sections 375.069 and
190191 375.070, Local Government Code, do not apply to the board.
191192 SUBCHAPTER C. POWERS AND DUTIES
192193 Sec. 3954.101. GENERAL POWERS AND DUTIES. The district has
193194 the powers and duties necessary to accomplish the purposes for
194195 which the district is created.
195196 Sec. 3954.102. IMPROVEMENT PROJECTS AND SERVICES. (a) The
196197 district may provide, design, construct, acquire, improve,
197198 relocate, operate, maintain, or finance an improvement project or
198199 service using any money available to the district, or contract with
199200 a governmental or private entity for the provision, design,
200201 construction, acquisition, improvement, relocation, operation,
201202 maintenance, or financing of an improvement project or service
202203 authorized under this chapter or Chapter 372 or 375, Local
203204 Government Code.
204205 (b) An improvement project may be located inside or outside
205206 the district.
206207 Sec. 3954.103. ADDING OR REMOVING TERRITORY. (a) Subject
207208 to Subsection (b), the board may add or remove territory as provided
208209 by Subchapter J, Chapter 49, Water Code.
209210 (b) The district may add territory as described by
210- Subsection (a) only if the district obtains written consent from:
211- (1) the governing body of the city; and
212- (2) any public entity that owns facilities for the
213- inter-county transportation of water in the area proposed to be
214- annexed.
211+ Subsection (a) only if the district obtains written consent from
212+ the governing body of the city.
215213 Sec. 3954.104. EMINENT DOMAIN. The district may exercise
216214 the power of eminent domain in the manner and for the purposes
217215 provided by Section 49.222, Water Code, except that the district
218216 may not acquire by condemnation a property interest or facility
219217 owned or controlled by a public entity.
220218 Sec. 3954.105. DIVISION OF DISTRICT. (a) The district may
221219 be divided into two or more new districts only if the district:
222220 (1) has no outstanding bonded debt; and
223221 (2) is not imposing ad valorem taxes.
224222 (b) This chapter applies to any new district created by the
225223 division of the district, and a new district has all the powers and
226224 duties of the district.
227225 (c) Any new district created by the division of the district
228226 may not, at the time the new district is created, contain any land
229227 outside the area described by Section 4 of the Act enacting this
230228 chapter.
231229 (d) The board, on its own motion or on receipt of a petition
232230 signed by the owner or owners of a majority of the assessed value of
233231 the real property in the district, may adopt an order dividing the
234232 district.
235233 (e) The board may adopt an order dividing the district
236234 before or after the date the board holds an election under Section
237235 3954.007 to confirm the creation of the district.
238236 (f) An order dividing the district must:
239237 (1) name each new district;
240238 (2) include the metes and bounds description of the
241239 territory of each new district;
242240 (3) appoint initial directors for each new district;
243241 and
244242 (4) provide for the division of assets and liabilities
245243 between or among the new districts.
246244 (g) On or before the 30th day after the date of adoption of
247245 an order dividing the district, the district shall file the order
248246 with the commission and record the order in the real property
249247 records of each county in which the district is located.
250248 (h) Any new district created by the division of the district
251249 shall hold a confirmation and directors' election as required by
252250 Section 3954.007.
253251 (i) If the creation of the new district is confirmed, the
254252 new district shall provide the election date and results to the
255253 commission.
256254 (j) Any new district created by the division of the district
257255 must hold an election as required by this chapter to obtain voter
258256 approval before the district may impose a maintenance tax or issue
259257 bonds payable wholly or partly from ad valorem taxes.
260258 (k) Municipal consent to the creation of the district and to
261259 the inclusion of land in the district granted under Section
262260 3954.008 acts as municipal consent to the creation of any new
263261 district created by the division of the district and to the
264262 inclusion of land in the new district.
265263 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
266264 Sec. 3954.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The
267265 board by resolution shall establish the number of directors'
268266 signatures and the procedure required for a disbursement or
269267 transfer of the district's money.
270268 Sec. 3954.152. MONEY USED FOR IMPROVEMENTS OR SERVICES.
271269 The district may acquire, construct, finance, maintain, or operate
272270 an improvement project or service authorized by this chapter or
273271 Chapter 372 or 375, Local Government Code, using any money
274272 available to the district.
275273 Sec. 3954.153. METHOD OF NOTICE FOR HEARING. The district
276274 may mail the notice required by Section 375.115(c), Local
277275 Government Code, by certified or first class United States mail.
278276 The board shall determine the method of notice.
279277 Sec. 3954.154. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
280278 The board by resolution may impose and collect an assessment for any
281279 purpose authorized by this chapter in all or any part of the
282280 district.
283281 (b) An assessment, a reassessment, or an assessment
284282 resulting from an addition to or correction of the assessment roll
285283 by the district, penalties and interest on an assessment or
286284 reassessment, an expense of collection, and reasonable attorney's
287285 fees incurred by the district are:
288286 (1) a first and prior lien against the property
289287 assessed;
290288 (2) superior to any other lien or claim other than a
291289 lien or claim for county, school district, special district, or
292290 municipal ad valorem taxes; and
293291 (3) the personal liability of and a charge against the
294292 owners of the property even if the owners are not named in the
295293 assessment proceedings.
296294 (c) The lien is effective from the date of the board's
297295 resolution imposing the assessment until the date the assessment is
298296 paid. The board may enforce the lien in the same manner that the
299297 board may enforce an ad valorem tax lien against real property.
300298 (d) The board may make a correction to or deletion from the
301299 assessment roll that does not increase the amount of assessment of
302300 any parcel of land without providing notice and holding a hearing in
303301 the manner required for additional assessments.
304- (e) The district may not impose an assessment on property or
305- facilities owned, controlled, or operated by a public entity.
306302 Sec. 3954.155. RESIDENTIAL PROPERTY NOT EXEMPT. Sections
307303 375.161 and 375.164, Local Government Code, do not apply to the
308304 district.
309305 SUBCHAPTER E. TAXES AND BONDS
310306 Sec. 3954.201. BONDS AND OTHER OBLIGATIONS. (a) The
311307 district may issue, by public or private sale, bonds, notes, or
312308 other obligations payable wholly or partly from ad valorem taxes or
313309 assessments in the manner provided by Subchapter J, Chapter 375,
314310 Local Government Code.
315311 (b) If the improvements financed by an obligation will be
316312 conveyed to or operated and maintained by a municipality or retail
317313 utility provider pursuant to an agreement between the district and
318314 the municipality or retail utility provider entered into before the
319315 issuance of the obligation, the obligation may be issued in the
320316 manner provided by Subchapter A, Chapter 372, Local Government
321317 Code.
322318 (c) In exercising the district's borrowing power, the
323319 district may issue a bond or other obligation in the form of a bond,
324320 note, certificate of participation or other instrument evidencing a
325321 proportionate interest in payments to be made by the district, or
326322 other type of obligation.
327323 (d) In addition to the sources of money described by
328324 Subchapter A, Chapter 372, and Subchapter J, Chapter 375, Local
329325 Government Code, district bonds may be secured and made payable
330326 wholly or partly by a pledge of any part of the money the district
331327 receives from improvement revenue, receives under Section
332328 3954.006(b), or receives from any other source.
333329 (e) The district may issue bonds, notes, or other
334330 obligations to maintain or repair an existing improvement project
335331 only if the district obtains written consent from the governing
336332 body of the city.
337333 Sec. 3954.202. ELECTIONS REGARDING TAXES AND BONDS. (a)
338334 The district may issue, without an election, bonds, notes, and
339335 other obligations secured by:
340336 (1) revenue other than ad valorem taxes; or
341337 (2) contract payments described by Section 3954.205.
342338 (b) The district must hold an election in the manner
343339 provided by Subchapter L, Chapter 375, Local Government Code, to
344340 obtain voter approval before the district may impose an ad valorem
345341 tax or issue bonds payable from ad valorem taxes.
346342 (c) Section 375.243, Local Government Code, does not apply
347343 to the district.
348344 (d) All or any part of any facilities or improvements that
349345 may be acquired by a district by the issuance of its bonds may be
350346 submitted as a single proposition or as several propositions to be
351347 voted on at the election.
352348 Sec. 3954.203. TAXES FOR BONDS. At the time the district
353349 issues bonds payable wholly or partly from ad valorem taxes, the
354350 board shall provide for the annual imposition of a continuing
355351 direct ad valorem tax, without limit as to rate or amount, while all
356352 or part of the bonds are outstanding as required and in the manner
357353 provided by Sections 54.601 and 54.602, Water Code.
358354 Sec. 3954.204. OPERATION AND MAINTENANCE TAX. (a) If
359355 authorized by a majority of the district voters voting at an
360356 election held under Section 3954.202, the district may impose an
361357 operation and maintenance tax on taxable property in the district
362358 in accordance with Section 49.107, Water Code.
363359 (b) The board shall determine the tax rate. The rate may not
364360 exceed the rate approved at the election.
365361 (c) Section 49.107(f), Water Code, does not apply to a
366362 reimbursement made for a purpose described by Section 3954.102.
367363 Sec. 3954.205. CONTRACT TAXES. (a) In accordance with
368364 Section 49.108, Water Code, the district may impose a tax other than
369365 an operation and maintenance tax and use the revenue derived from
370366 the tax to make payments under a contract after the provisions of
371367 the contract have been approved by a majority of the district voters
372368 voting at an election held for that purpose.
373369 (b) A contract approved by the district voters may contain a
374370 provision stating that the contract may be modified or amended by
375371 the board without further voter approval.
376372 SUBCHAPTER F. DISSOLUTION
377373 Sec. 3954.251. DISSOLUTION BY CITY ORDINANCE. (a) The
378374 governing body of the city may dissolve the district by ordinance.
379375 (b) The governing body may not dissolve the district until:
380376 (1) water, sanitary, sewer, and drainage improvements
381377 and roads have been constructed to serve at least 90 percent of the
382378 developable territory of the district; and
383379 (2) the district has reimbursed each party that has an
384380 agreement with the district for all costs advanced to or on behalf
385381 of the district.
386382 (c) Until the district is dissolved, the district is
387383 responsible for all bonds and other obligations of the district.
388384 Sec. 3954.252. COLLECTION OF ASSESSMENTS AND OTHER REVENUE.
389385 (a) If the dissolved district has bonds or other obligations
390386 outstanding secured by and payable from assessments or other
391387 revenue, other than revenue from ad valorem taxes, the city shall
392388 succeed to the rights and obligations of the district regarding
393389 enforcement and collection of the assessments or other revenue.
394390 (b) The city shall have and exercise all district powers to
395391 enforce and collect the assessments or other revenue to pay:
396392 (1) the bonds or other obligations when due and
397393 payable according to their terms; or
398394 (2) special revenue or assessment bonds or other
399395 obligations issued by the city to refund the outstanding bonds or
400396 obligations.
401397 Sec. 3954.253. ASSUMPTION OF ASSETS AND LIABILITIES. (a)
402398 After the city dissolves the district, the city assumes the
403399 obligations of the district, including any bonds or other debt
404400 payable from assessments or other district revenue.
405401 (b) If the city dissolves the district, the board shall
406402 transfer ownership of all district property to the city.
407403 SECTION 4. The Prairie Ridge Municipal Management District
408404 No. 1 initially includes all the territory contained in the
409405 following area:
410- (a) TRACT 1:
406+ TRACT 1:
411407 BEING a part of a tract or parcel of land situated in the Joseph
412408 Stewart Survey, Abstract No. 754, Heirs of Allen Larsen, Survey
413409 No. 497, T. Stanbury Survey, Abstract 762, and the J. H. Working
414410 Survey, Abstract No. 897, Johnson County, Texas, and being part of
415411 that same tract of land from Karal Kay Cannon, as described in
416412 Volume 02111, Page 0850, Deed Records, Ellis County, Texas, and as
417413 described in Book 3500, Page 0941, Official Public Records of
418414 Johnson County, Texas, and all of a tract from Billy D. Cannon and
419415 Michelle Cannon, to PRA Prairie Ridge, L.P. as described in Book
420416 3500, Page 0941, Official Public Records of Johnson County, Texas,
421417 and a tract of land from Phillip Nabors Smauder and Jennie Smauder
422418 Pope, to PRA Prairie Ridge, L.P. as described in County Clerk File
423419 No. 2104-00248, Official Public Records of Johnson County, Texas,
424420 and being more particularly described as follows:
425421 BEGINNING at a point in County Road 506 at an intersection with the
426422 Ellis County and Johnson County limits line along with the
427423 intersection of the Joseph Stewart Survey, Abstract No. 961, the
428424 Joseph Stewart Survey, Abstract No. 754, and the John H. Working
429425 Survey, Abstract No. 897;
430426 THENCE South 00°47'39" East, departing from said county road and
431427 along the said Johnson and Ellis County lines, a distance of 5474.77
432428 feet to a 1/2" iron rod found;
433429 THENCE South 59°47'49" West, along a north line of Bennett W. Cervin
434430 tract one as described in Volume 2001, Page 0749, Deed Records,
435431 Ellis County, Texas, a distance of 537.29 feet to a 1/2" iron rod
436432 found;
437433 THENCE North 30°19'12" West, along an east line of a Jeniffer
438434 N. Sweeney tract described in Book 0608, Page 830, Deed Records,
439435 Johnson County, Texas, a distance of 767.82 feet to a 1/2" iron rod
440436 found;
441437 THENCE South 59°32'27" West, along a north line of said Jeniffer
442438 N. Sweeney tract, a distance of 5401.00 feet to a 1/2" iron rod
443439 found;
444440 THENCE North 30°44'12" West, along County Road 619, a distance of
445441 1053.81 feet to a 1/2" iron rod found;
446442 THENCE North 59°59'51" East, leaving said county road, along a north
447443 line of a tract of land from Phillip Nabors Smauder and Jennie
448444 Smauder Pope, to PRA Prairie Ridge, L.P. as described in County
449445 Clerk File No. 2104-00248, Official Public Records of Johnson
450446 County, Texas a distance of 291.69 feet;
451447 THENCE North 30°44'47" West, along a west line of said Smauder
452448 tract, a distance of 150.00 feet to a 1/2" iron rod found;
453449 THENCE South 59°59'52" West, along a south line of Smauder tract, to
454450 County Road 619, a distance of 291.67 feet to a 1/2" iron rod found;
455451 THENCE North 30°44'12" West, along a west line of said Smauder tract
456452 a distance of 2672.24 feet to a 1/2" iron rod found;
457453 THENCE North 59°59'42" East, along a north line of said Smauder
458454 tract, a distance of 888.13 feet to a 1/2" iron rod found;
459455 THENCE North 60°06'44" East, along a north line of said Smauder
460456 tract, a distance of 1077.88 feet to a 1/2" iron rod found;
461457 THENCE North 59°33'36" East, along a north line of said Smauder
462458 tract, a distance of 1233.53 feet to a 1/2" iron rod found;
463459 THENCE North 60°12'38" East, along a north line of said Smauder
464460 tract, a distance of 2229.85 feet to a 1/2" iron rod found;
465461 THENCE North 56°47'57" East, reaching a northeasterly 90° elbow in
466462 County Road 506, along a south line of tract described in Book 3256,
467463 Page 0733, Deed Records, Johnson County, Texas, a distance of
468464 3239.36 feet to the POINT OF BEGINNING, containing 678.614 acres,
469465 more or less.
470466 TRACT 2:
471467 Being all those certain Lots, Tracts or Parcels of Land situated in
472468 the R.K. Wines Survey, Abstract 1178, Ellis County, Texas, and
473469 being part of that certain contract of land conveyed to John
474470 W. Brumbeloe, Sr. (referred to as Tract III) as recorded in Volume
475471 558, Page 209, Deed Records, Ellis County, Texas and being known as
476472 designated at Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11, Sunset Park
477473 (referred to as Tract II), an addition to Ellis County, Texas,
478474 according to the plat filed of record in Cabinet "B", Slide 13, plat
479475 records, Ellis County, Texas, and being more particularly described
480476 as follows:
481477 Commencing at a found 1-inch iron pipe from the southeast corner of
482478 a tract of land conveyed to Edward J. Kilchenstein, as recorded in
483479 Volume 710, Page 627, Deed Records, Ellis County, Texas and the
484480 north line of a tract of land conveyed to Lia Vang and wife, Xia
485481 Vang, Jeff V. Hang and wife, Melissa S. Hang, Chue Moua and wife,
486482 Maikoulap Moura as recorded in Volume 1832, Page 2002, Deed
487483 Records, Ellis County, Texas;
488484 Thence S 59°29'25" W, along the common line of said Kilchenstein
489485 tract and the Vang, Hang, Moua tract, a distance of 339.40 feet to a
490486 found 3/8-inch iron rod with a yellow plastic cap stamped "RPLS 446"
491487 at the Northwest corner of said Vang, Hang, Moua tract and the
492488 Northeast corner of said Brumbeloe tract, said point being the
493489 place of Beginning of this herein described tract of land;
494490 Thence S 01°22'20" E, along the common line of said Vang, Hang, Moua
495491 tract, passing a found 1/2-inch iron rod with a yellow plastic cap
496492 stamped "RPLS 4466" at 1,372.08 continuing for a total distance of
497493 1,406.52 feet to a found 1/2-inch iron rod with a yellow plastic cap
498494 stamped "RPLS 4466" in the centerline of County Road 506 Greasy Road
499495 (Lakeview Road);
500496 Thence S 59°39'02" W, along the centerline of said County Road, a
501497 distance of 1,015.46 feet to a found 5/8-inch iron rod with a yellow
502498 plastic cap stamped "Cotton Surveying" (hereinafter referred to as
503499 set iron rod) for corner;
504500 Thence S 59°43'42" W, continuing along the centerline of said County
505501 Road, a distance of 402.48 feet to a found railroad spike at the
506502 intersection of said County Road and Cypress Road, said point being
507503 the South corner of said Sunset Park Addition and the South corner
508504 of this herein described tract of land;
509505 Thence N 00°14'22" W, along the centerline of Cypress Road, the West
510506 line of said Sunset Park Addition, a distance of 865.02 feet to a
511507 found 1/2-inch iron rod for corner;
512508 Thence N 59°30'57" E, passing a 1/2-inch iron rod at 37.40 at the
513509 Southwest corner of the Sunset Park, Phase 2 Addition, according to
514510 the plat thereof recorded in Cabinet "C", Slide 438, plat records,
515511 Ellis County, Texas, continuing for a total distance of 417.09 feet
516512 to a found 1/2-inch iron rod with a yellow plastic cap at the
517513 Southeast Corner of said Sunset Park Phase 2 Addition and the West
518514 line of said Brumbeloe tract for corner;
519515 Thence N 03°03'40" E, along the East line of said Sunset Park Phase 2
520516 Addition tract and the West line of said Brumbeloe tract, a distance
521517 of 103.80 feet to a found 1/2-inch iron rod;
522518 Thence N 00°31'47" W, along the East line of said Sunset Park Phase 2
523519 Addition tract and the West line of said Brumbeloe tract, a distance
524520 of 60.37 feet to a found 1/2-inch iron rod for corner;
525521 Thence N 00°05'09" W, along the East line of said Sunset Park Phase 2
526522 Addition tract and the West line of said Brumbeloe tract, a distance
527523 of 129.83 feet to a 2-inch iron pipe for corner;
528524 Thence N 01°06'07" W, along the East line of said Sunset Park Phase 2
529525 Addition tract and the West line of said Brumbeloe tract, a distance
530526 of 130.88 feet to a found 1-inch iron pipe for corner;
531527 Thence N 01°03'32" W, along the East line of said Sunset Park Phase 2
532528 Addition tract and the West line of said Brumbeloe tract, a distance
533529 of 129.92 feet to a found 1-inch iron pipe in the South line of said
534530 Kilchenstein tract and Northwest corner of said Brumbeloe tract,
535531 said point being Northeasterly corner of said Sunset Park Phase 2
536532 Addition;
537533 Thence N 59°32'07" E, along the South line of said Kilchenstein
538534 tract, a distance of 968.19 feet to the Place of Beginning and
539535 having an area of 1,521,385 square feet, or 34.926 acres of land,
540536 more or less.
541537 TRACT 3:
542538 BEING all those certain lots, tracts, or parcels of land situated in
543539 the Joseph Stewart Survey, Abstract No. 961, Ellis County, Texas
544540 and being those same tracts of land conveyed to PRA Prairie Ridge,
545541 L.P. as recorded in Volume 2111, Page 0866, Deed Records, Ellis
546542 County, Texas and being more particularly described as follows:
547543 POINT OF BEGINNING at a 1/2-inch iron rod found for the west corner
548544 of a tract of land conveyed to Tom Lamon, and wife, Crystal Lamon,
549545 as recorded in Volume 924, Page 46, Deed Records, Ellis County,
550546 Texas, said point being on the Southeast edge of County Road
551547 506/Greasy Road (Lakeview Road);
552548 THENCE South 31°46'30" East, along the Southwest line of said Lamon
553549 tract, a distance of 609.38 feet to a 3/4-inch pipe found on the
554550 North line of a tract of land conveyed to Waltmore, L.L.C. DBA
555551 Lakeside Ranch (described as Tract 1), as recorded in Volume 1607,
556552 Page 392, Deed Records, Ellis County, Texas, the Southwest corner
557553 of said Lamon tract and an exterior ell corner of this herein
558554 described tract of land;
559555 THENCE South 58°10'54" West, along the Northwest line of said
560556 Waltmore tract, a distance of 419.44 feet to a rod nail found for
561557 the West corner of said Waltmore tract and an interior ell corner of
562558 this herein described tract of land;
563559 THENCE South 25°14'30" East, continuing along the Northwest line of
564560 said Waltmore tract, a distance of 849.17 feet to a set 5/8-inch
565561 iron rod with yellow plastic cap stamped "Cotton Surveying"
566562 (hereinafter referred to as set iron rod) for corner;
567563 THENCE across land described in Volume 02111, Page 0866, Deed
568564 Records of Ellis County, Texas, the following course and distances:
569565 Southwesterly along a curve to the right having a central angle of
570566 43°44'52", a radius of 1000.00 feet, whose chord bears South
571567 55°28'14" West, a chord distance of 745.13 feet, and an arc length of
572568 763.54 feet to a set iron rod for corner;
573569 South 77°20'40" West a distance of 437.24 feet to a set iron rod for
574570 corner;
575571 Westerly along a curve to the right having a central angle of
576572 11°17'25", a radius of 1350.00 feet, whose chord bears South
577573 82°59'23" West, a chord distance of 265.59 feet, and an arc length of
578574 266.02 feet to a set iron rod for corner;
579575 South 88°38'05" West a distance of 288.43 feet to a set iron rod for
580576 corner;
581577 South 88°38'05" West a distance of 33.98 feet to a set iron rod for
582578 corner;
583579 North 01°21'55" West a distance of 180.00 feet to a point for corner;
584580 South 88°38'05" West a distance of 15.94 feet to a point for corner;
585581 Northerly along a curve to the left having a central angle of
586582 15°26'09", a radius of 231.08 feet, whose chord bears North 14°21'12"
587583 West, a chord distance of 62.07 feet, and an arc length of 62.26
588584 feet to a set iron rod for corner;
589585 North 22°05'57" West a distance of 73.92 feet to a set iron rod for
590586 corner;
591587 Northerly along a curve to the right having a central angle of
592588 20°45'58", a radius of 325.00 feet, whose chord bears North 11°42'58"
593589 West, a chord distance of 117.15 feet, and an arc length of 117.79
594590 feet to a set iron rod for corner;
595591 North 01°19'06" West a distance of 125.01 feet to a point for corner;
596592 Northerly along a curve to the right having a central angle of
597593 22°31'56", a radius of 15.50 feet, whose chord bears North 09°56'52"
598594 East, a chord distance of 6.06 feet, and an arc length of 6.10 feet
599595 to a set iron rod for corner;
600596 Northwesterly along said curve to the left having a central angle of
601597 71°14'05", a radius of 50.00 feet, whose chord bears North 14°24'13"
602598 West, a chord distance of 58.24 feet, and an arc length of 62.16
603599 feet to a set iron rod for corner;
604600 North 01°21'55" West, a distance of 113.61 feet to a set iron rod for
605601 corner;
606602 THENCE North 60°04'57" East, along the Southeast line of a tract
607603 described to Robert A. Willis and wife, Lonnie L. Willis, as
608604 recorded in Volume 1298, Page 646, Deed Records of Ellis County,
609605 Texas, a distance of 205.36 feet to a found 1/2-inch iron rod for
610606 corner;
611607 THENCE North 25°47'09" West, along the Northeast line of said Willis
612608 tract, a distance of 450.38 feet to a found 1/2-inch iron rod for
613609 the North corner of said Willis tract;
614610 THENCE North 59°39'02" East, a distance of 1,650.09 feet to the
615611 POINT OF BEGINNING and containing 55.967 acres of land, more or
616612 less.
617613 TRACT 4:
618614 BEING a tract of land situated in the Joseph Stewart Survey,
619615 Abstract No. 961, in Ellis County, Texas, said tract being all of a
620616 called 17.119 acre tract of land described in a deed to Texas
621617 Midstream Gas Services, L.L.C., recorded in Volume 2342, Page 136,
622618 Deed Records, Ellis County, Texas, and being more particularly
623619 described as follows:
624620 BEGINNING and a 1/2-inch iron rod found in the approximate center of
625621 Lakeview Drive for the most westerly corner of said 17.119 acre
626622 tract, the north corner of a called 213.7845 acre tract of land
627623 described in a deed to PRA Prairie Ridge, L.P., recorded in Volume
628624 2111, Page 866 of said Deed Records and on the southeasterly
629625 boundary of a called 198.758 acre tract described in a deed to
630626 Harper Cattle Company, recorded in Volume 1205, Page 47 of said Deed
631627 Records;
632628 THENCE North 59 degrees 35 minutes 08 seconds East, along the
633629 approximate center of Lakeview Drive, a distance of 1,186.71 feet
634630 to a 1/2-inch iron rod found for the most northerly corner of said
635631 17.119 acre tract and the west corner of a called 0.057 acre tract
636632 described in a deed to the State of Texas, recorded in Volume 340,
637633 Page 390 of said Deed Records;
638634 THENCE South 29 degrees 53 minutes 02 seconds East, along the common
639635 boundary between said 17.119 acre tract and said 0.057 acre tract, a
640636 distance of 49.83 feet to a 1/2-inch iron rod found for an interior
641637 ell corner of said 17.119 acre tract and the south corner of said
642638 0.057 acre tract;
643639 THENCE North 59 degrees 29 minutes 07 seconds East, continuing
644640 along the common boundary between said 17.119 acre tract and said
645641 0.057 acre tract, a distance of 50.09 feet to a 1/2-inch iron rod
646642 found for the northerly northeast corner of said 17.119 acre tract
647643 and the east corner of said 0.057 acre tract, and on the
648644 southwesterly boundary of a called 10 acre tract described as Tract
649645 6 in a deed to Bennett W. Cervin recorded in Volume 2001, Page 749
650646 of said Deed Records;
651647 THENCE South 30 degrees 08 minutes 24 seconds East, along the common
652648 boundary between said 17.119 acre tract and said 10 acre tract, a
653649 distance of 559.67 feet to a 5/8-inch iron rod with cap marked
654650 "PETITT - RPLS 4087" set for the most easterly corner of said 17.119
655651 acre tract and the most northerly corner of a called 461.178 acre
656652 tract described in a deed to PRA Prairie Ridge Development Corp.,
657653 recorded in Volume 2325, Page 470 of said Deed Records;
658654 THENCE South 59 degrees 35 minutes 41 seconds West, along the common
659655 boundary between said 17.119 acre tract and said 461.178 acre
660656 tract, a distance of 1,219.26 feet to a 1-inch iron pipe found for
661657 the most easterly northeast corner of said 213.7845 acre tract, an
662658 exterior ell corner of said 461.178 acre tract and the most
663659 southerly corner of said 17.119 acre tract;
664660 THENCE North 31 degrees 46 minutes 05 seconds West, along the common
665661 boundary between said 17.119 acre tract and said 213.7845 acre
666662 tract, a distance of 609.38 feet to the POINT OF BEGINNING and
667663 containing 745,700 square feet, or 17.119 acres of land, more or
668664 less.
669665 TRACT 5:
670666 BEING a part of a tract or parcel of land situated in the Joseph
671667 Stewart Survey, Abstract No. 961, Ellis County, Texas and, and
672668 being part of that same tract of land from Karal Kay Cannon, to PRA
673669 Prairie Ridge, L.P. as recorded in Book 3500, Page 0941, Volume
674670 02111, Page 0873, Volume 02111, Page 0866, official public records
675671 of Johnson county, texas and Volume 02111, Page 0850, Deed Records,
676672 Ellis County, Texas, and all of a tract from Chris D. Cannon and
677673 Deanna G. Cannon to PRA Prairie Ridge L.P., as described in Volume
678674 02111, Page 0860, Deed Records of Ellis County, Texas, and Book
679675 3500, Page 0958, of the Official Public Records of Johnson County,
680676 Texas, and being more particularly described as follows:
681677 POINT OF BEGINNING at a found 1/2-inch iron rod in County Road 506
682678 at an intersection with the Ellis County and Johnson County limits
683679 line along with the intersection of the Joseph Stewart Survey,
684680 Abstract No. 961, the Joseph Steward Survey, Abstract No. 754, and
685681 the John H. Working Survey, Abstract No. 897;
686682 THENCE North 56°14'52" East, along County Road 506, also known as
687683 Lakeview Road, a distance of 892.63 feet to a set 5/8-inch iron rod
688684 with yellow plastic cap stamped "Cotton Surveying" (hereinafter
689685 referred to as set iron rod) for corner;
690686 THENCE North 59°39'02" East, along said road, a distance of 4140.12
691687 feet to a found 1/2-inch iron rod for corner;
692688 THENCE South 25°48'57" East, leaving said road and along the west
693689 line of a tract described to Robert A. Willis and wife, Lonnie
694690 L. Willis in Volume 1298, Page 646, Deed Records of Ellis County
695691 Texas, a distance of 448.65 feet to a found 1/2-inch iron rod for
696692 corner;
697693 THENCE North 60°04'57" East, along a South line of above described
698694 tract, a distance of 2039 feet to a set iron rod for corner;
699695 THENCE South 01°21'55" East, along a west line of a tract from
700696 Richard J. Bantke and wife, Sandra Sue Bantke, to PRA Prairie Ridge
701697 L.P., as described in Volume 02111, Page 0866, Deed Records of Ellis
702698 County, Texas, a distance of 113.61 feet to a set iron rod for
703699 corner;
704700 THENCE along west line of said property, with a curve right having a
705701 radius of 50.00 feet and a central angle of 71°14'05" and being
706702 subtended by a chord which bears South 14°24'13" East, 58.24 feet;
707703 THENCE southeasterly and southerly along said curve, a distance of
708704 52.16 feet to a point of reverse curve, to a set iron rod for corner;
709705 THENCE along west line of said property, with a curve left having a
710706 radius of 15.50 feet and a central angle of 22°31'56" and being
711707 subtended by a chord which bears South 09°56'52" West 6.06 feet;
712708 THENCE southerly along said curve, a distance of 6.10 feet to a set
713709 iron rod for corner;
714710 THENCE South 01°19'06" East, along west line of said property,
715711 tangent to said curve, a distance of 125.01 feet to a set iron rod
716712 for corner;
717713 THENCE along west line of said property, with a curve left having a
718714 radius of 325.00 feet and a central angle of 20°45'58" and being
719715 subtended by a chord which bears South 11°42'58" East, 117.15 feet;
720716 THENCE southerly along said curve, along west line of said
721717 property, a distance of 117.79 feet to a set iron rod for corner;
722718 THENCE South 22°05'57" East, along west line of said property,
723719 tangent to said curve, a distance of 73.92 feet to a point for
724720 corner;
725721 THENCE along west line of said property, with a curve right having a
726722 radius of 231.08 feet and a central angle of 15°26'09" and being
727723 subtended by a chord which bears South 14°21'12" East 62.07 feet;
728724 THENCE southerly along said curve, along west line of said
729725 property, a distance of 52.26 feet to a set iron rod for corner;
730726 THENCE North 88°38'05" East, along south line of said property, with
731727 a distance of 15.94 feet to a set iron rod for corner;
732728 THENCE South 01°21'55" East, along west line of said property, a
733729 distance of 180.00 feet to a set iron rod for corner;
734730 THENCE North 88°38'05" East, along south line of said property, a
735731 distance of 322.41 feet to the beginning of a curve tangent to said
736732 line to a set iron rod for corner;
737733 THENCE easterly, along south line of said property, along the curve
738734 left, having a radius of 1350.00 feet and a central angle of
739735 11°17'25" and being subtended by a chord which bears North 82°59'23"
740736 East, 265.59 feet;
741737 THENCE easterly and northeasterly a distance of 266.02 feet along
742738 the said curve to a set iron rod for corner;
743739 THENCE North 77°20'40" East tangent to said curve, a distance of
744740 437.24 feet to the beginning of a curve tangent to said line to a set
745741 iron rod for corner;
746742 THENCE easterly, along south line of said property, with a curve
747743 left, having a radius of 1000.00 feet and a central angle of
748744 43°44'52" and being subtended by a chord which bears North 55°28'14"
749745 East, 745.13 feet;
750746 THENCE easterly and northeasterly a distance of 763.54 feet along
751747 the said curve to a set iron rod for corner;
752748 THENCE North 25°14'30" West, along east line of said property, a
753749 distance of 849.17 feet to a found rod nail for corner;
754750 THENCE North 58°10'54" East, along the south line of property of Tom
755751 Larnon and wife, Crystal Larnon, as described in Volume 924, Page
756752 0046. Deed Records of Ellis County, Texas, a distance of 419.44
757753 feet to a found 3/4-inch pipe for corner;
758754 THENCE North 59°34'27" East, along said south line, a distance of
759755 1219.45 feet to a set iron rod for corner;
760756 THENCE South 30°11'50" East, along the west line of the fifth and
761757 sixth tracts of Bennett W. Cervin, as described in Volume 2001,
762758 Page 0749, Deed Records of Ellis County, Texas, a distance of 823.56
763759 feet to a set iron rod for corner;
764760 THENCE South 30°19'53" East, along said west line of part of the said
765761 fifth tract, a distance of 335.08 feet to a set iron rod for corner;
766762 THENCE South 59°31'20" West, along the north line of the first tract
767763 of Bennett W. Cervin as described in Volume 2001, Page 0749, Deed
768764 Records of Ellis County, Texas, a distance of 1739.27 feet to a
769765 found 1/2-inch iron rod for corner;
770766 THENCE South 59°35'19" West, along north line of said first tract of
771767 Bennett W. Cervin as described in Volume 2001, Page 0749, Ellis
772768 County, Texas, a distance of 5098.10 feet to a found 3/4-inch iron
773769 rod for corner;
774770 THENCE South 30°20'14" East, along the west line of the said second
775771 tract, a distance of 2453.47 feet to a set iron rod for corner;
776772 THENCE South 59°47'54" West, along a north line of tract one of
777773 Bennett W. Cervin, as described in Volume 2001, Page 0749 of the
778774 Deed Records of Ellis County, Texas, a distance of 2411.12 feet to a
779775 set iron rod for corner;
780776 THENCE South 30°12'06" East, along a west line of the said tract one,
781777 a distance of 596.60 feet to a set iron rod for corner;
782778 THENCE South 59°47'49" West, along a north line of said tract one, a
783779 distance of 1589.67 feet to a found 1/2-inch iron rod for corner;
784780 THENCE North 00°47'39" West, along the Ellis County and Johnson
785781 County limits, a distance of 5474.77 feet to the POINT OF BEGINNING
786782 and containing 461.176 acres, more or less.
787- (b) There is saved and excepted from the land included
788- within the district, and excluded therefrom, the following tracts:
789- SAVE AND EXCEPT TRACT "A"
790- Property Description
791- Being 7.016-acres (305,615 square feet) of land situated in
792- the Joseph Stewart Survey, Abstract Number 961, Ellis County,
793- Texas, and more particularly that certain 461.178 acre tract
794- conveyed to PRA Prairie Ridge Development Corp., as recorded in
795- Volume 2325, Page 470, Official Public Records, Ellis County,
796- Texas, (O.P.R.E.C.T.), and being further described as follows:
797- COMMENCING at a point at an ell corner of said PRA Prairie
798- Ridge Development Corp. tract and at the Northwest corner of a tract
799- of land to Nita Carol Cervin Miskovitch Trust and Bennett W. Cervin,
800- recorded in Volume 1999, Page 235, O.P.R.E.C.T., from which a found
801- 3/4 inch iron pipe bears N 59°35'16" E, 1.92 feet;
802- THENCE N 59°35'16" E, along the South line of said PRA Prairie
803- Ridge Development Corp. tract and the North line of said Cervin
804- tract, a distance of 1,436.81 feet to a set 5/8" iron rod with
805- Transystems cap at the Southwest corner of tract herein described
806- and the POINT OF BEGINNING (N: 6,866,906.023, E: 2,407,278.644
807- Grid);
808- (1) THENCE N 1°15'48" W, along the West line of tract herein
809- described, a distance of 2,037.32 feet to a set PK Nail for the
810- Northwest corner of tract herein described, also being in the
811- centerline of CR 506 (Lakeview Road), a 60 foot Right-of-Way, no
812- deed of record found, and on the South line of a tract of land to
813- Cynthia L. Roe, as recorded in Volume 767, Page 521, D.R.E.C.T.;
814- (2) THENCE N 59°31'17" E, along the North line of tract
815- herein described, the South line of said Roe tract and the
816- centerline of said CR 506, a distance of 171.86 feet to a set PK Nail
817- for the Northeast corner of tract herein described;
818- (3) THENCE S 1°15'48" E, along the East line of tract herein
819- described, a distance of 2,037.55 feet to a set 5/8" iron rod with
820- Transystems cap for the Southeast corner of tract herein described
821- also on the North line of said Cervin tract;
822- (4) THENCE S 59°35'16" W, along the South line of tract
823- herein described and the North line of said Cervin tract, a distance
824- of 64.00 feet to a point, from which a found 5/8 inch iron rod bears
825- S 30°24'17" E, 1.14 feet;
826- (5) THENCE S 59°35'16" W, along the South line of tract
827- herein described and the North line of said Cervin tract, a distance
828- of 107.75 feet to the POINT OF BEGINNING, containing 7.016-acres
829- (305,615 square feet) of land, more or less.
830- SAVE AND EXCEPT TRACT B
831- Property Description
832- Being 2.285-acres (99,535 square feet) of land situated in
833- the Joseph Stewart Survey, Abstract Number 961, Ellis County,
834- Texas, and more particularly that certain 461.178 acre tract
835- conveyed to PRA Prairie Ridge Development Corp., as recorded in
836- Volume 2325, Page 470, Official Public Records, Ellis County,
837- Texas, (O.P.R.E.C.T.), and being further described as follows:
838- COMMENCING at a PK Nail found at the Southwest corner of a
839- tract of land conveyed to Cynthia L. Roe, as recorded in Volume 767,
840- Page 521, D.R.E.C.T.;
841- THENCE N 59°31'17" E, along the South line of said Cynthia L.
842- Roe tract and the North line of said PRA Prairie Ridge Development
843- Corp. tract, also being in the centerline of CR 506 (Lakeview Road),
844- a 60 foot Right-of-Way, no deed of record found, a distance of
845- 302.39 feet to a PK Nail set at the Northwest corner of tract herein
846- described and the POINT OF BEGINNING (N: 6,868,884.500, E:
847- 2,407,135.005 Grid);
848- (1) THENCE N 59°31'17" E, along the South line of said
849- Cynthia L. Roe tract, on the centerline of said CR 506 (Lakeview
850- Road), the North line of said PRA Prairie Ridge Development Corp.
851- tract, and the North line of tract herein described, a distance of
852- 114.57 to a PK Nail set;
853- (2) THENCE S 01°15'48" E, along the East line of tract herein
854- described, a distance of 1,012.01 feet to a set 5/8" iron rod with
855- Transystems cap for the Southeast corner of tract herein described,
856- being on the North line of a 60' Easement and Right-of-Way to Brazos
857- Electric Power Cooperative, Inc., as recorded in Volume 428, Page
858- 433, Deed Records, Johnson County Texas;
859- (3) THENCE S 75°59'42" W, along the South line of tract
860- herein described and the North line of said Brazos Electric tract, a
861- distance of 102.52 feet to a set 5/8" iron rod with Transystems cap
862- for the Southwest corner of tract herein described;
863- (4) THENCE N 01°15'48" W, along the West line of tract herein
864- described, a distance of 978.70 feet to the POINT OF BEGINNING,
865- containing 2.285-acres (99,535 square feet) of land, more or less.
866- NOTE: Basis of bearing is the Texas State Plane Coordinate
867- System, North Central Zone (4202), North American Datum 1983 NAD
868- 83)(2007) with all distances adjusted to surface by project
869- combined scale factor of 0.9998802448.
870783 SECTION 5. (a) The legal notice of the intention to
871784 introduce a bill to create the Prairie Ridge Municipal Management
872785 District No. 1, setting forth the general substance of Sections 3
873786 and 4 of this Act, has been published as provided by law, and the
874787 notice and a copy of a bill to create the Prairie Ridge Municipal
875788 Management District No. 1 have been furnished to all persons,
876789 agencies, officials, or entities to which they are required to be
877790 furnished under Section 59, Article XVI, Texas Constitution, and
878791 Chapter 313, Government Code.
879792 (b) The governor, one of the required recipients, has
880793 submitted the notice and a bill to create the Prairie Ridge
881794 Municipal Management District No. 1 to the Texas Commission on
882795 Environmental Quality.
883796 (c) The Texas Commission on Environmental Quality has filed
884797 its recommendations relating to a bill to create the Prairie Ridge
885798 Municipal Management District No. 1 with the governor, lieutenant
886799 governor, and speaker of the house of representatives within the
887800 required time.
888801 (d) The general law relating to consent by political
889802 subdivisions to the creation of districts with conservation,
890803 reclamation, and road powers and the inclusion of land in those
891804 districts has been complied with.
892805 (e) All requirements of the constitution and laws of this
893806 state and the rules and procedures of the legislature with respect
894807 to the notice, introduction, and passage of this Act have been
895808 fulfilled and accomplished.
896809 SECTION 6. (a) Section 3954.104, Special District Local
897810 Laws Code, as added by this Act, takes effect only if this Act
898811 receives a two-thirds vote of all the members elected to each house.
899812 (b) If this Act does not receive a two-thirds vote of all the
900813 members elected to each house, Subchapter C, Chapter 3954, Special
901814 District Local Laws Code, as added by this Act, is amended by adding
902815 Section 3954.104 to read as follows:
903816 Sec. 3954.104. NO EMINENT DOMAIN POWER. The district may
904817 not exercise the power of eminent domain.
905818 (c) This section is not intended to be an expression of a
906819 legislative interpretation of the requirements of Section 17(c),
907820 Article I, Texas Constitution.
908821 SECTION 7. This Act takes effect September 1, 2017.
909- ______________________________ ______________________________
910- President of the Senate Speaker of the House
911- I certify that H.B. No. 4303 was passed by the House on May
912- 19, 2017, by the following vote: Yeas 136, Nays 8, 2 present, not
913- voting; and that the House concurred in Senate amendments to H.B.
914- No. 4303 on May 26, 2017, by the following vote: Yeas 129, Nays 15,
915- 2 present, not voting.
916- ______________________________
917- Chief Clerk of the House
918- I certify that H.B. No. 4303 was passed by the Senate, with
919- amendments, on May 24, 2017, by the following vote: Yeas 29, Nays
920- 1, 1 present, not voting.
921- ______________________________
922- Secretary of the Senate
923- APPROVED: __________________
924- Date
925- __________________
926- Governor
822+ * * * * *