Texas 2017 - 85th Regular

Texas Senate Bill SB995 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Creighton S.B. No. 995
2	2	(In the Senate - Filed February 21, 2017; March 6, 2017,
3	3	read first time and referred to Committee on Intergovernmental
4	4	Relations; April 19, 2017, reported favorably by the following
5	5	vote: Yeas 7, Nays 0; April 19, 2017, sent to printer.)
6	6	Click here to see the committee vote
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to the creation of the Montgomery County Municipal Utility
12	12	District No. 154; granting a limited power of eminent domain;
13	13	providing authority to issue bonds; providing authority to impose
14	14	assessments, fees, and taxes.
15	15	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	16	SECTION 1. Subtitle F, Title 6, Special District Local Laws
17	17	Code, is amended by adding Chapter 7974 to read as follows:
18	18	CHAPTER 7974. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 154
19	19	SUBCHAPTER A. GENERAL PROVISIONS
20	20	Sec. 7974.001. DEFINITIONS. In this chapter:
21	21	(1) "Board" means the district's board of directors.
22	22	(2) "Commission" means the Texas Commission on
23	23	Environmental Quality.
24	24	(3) "Director" means a board member.
25	25	(4) "District" means the Montgomery County Municipal
26	26	Utility District No. 154.
27	27	Sec. 7974.002. NATURE OF DISTRICT. The district is a
28	28	municipal utility district created under Section 59, Article XVI,
29	29	Texas Constitution.
30	30	Sec. 7974.003. CONFIRMATION AND DIRECTORS' ELECTION
31	31	REQUIRED. The temporary directors shall hold an election to
32	32	confirm the creation of the district and to elect five permanent
33	33	directors as provided by Section 49.102, Water Code.
34	34	Sec. 7974.004. CONSENT OF MUNICIPALITY REQUIRED. The
35	35	temporary directors may not hold an election under Section 7974.003
36	36	until each municipality in whose corporate limits or
37	37	extraterritorial jurisdiction the district is located has
38	38	consented by ordinance or resolution to the creation of the
39	39	district and to the inclusion of land in the district.
40	40	Sec. 7974.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
41	41	(a) The district is created to serve a public purpose and benefit.
42	42	(b) The district is created to accomplish the purposes of:
43	43	(1) a municipal utility district as provided by
44	44	general law and Section 59, Article XVI, Texas Constitution; and
45	45	(2) Section 52, Article III, Texas Constitution, that
46	46	relate to the construction, acquisition, improvement, operation,
47	47	or maintenance of macadamized, graveled, or paved roads, or
48	48	improvements, including storm drainage, in aid of those roads.
49	49	Sec. 7974.006. INITIAL DISTRICT TERRITORY. (a) The
50	50	district is initially composed of the territory described by
51	51	Section 2 of the Act enacting this chapter.
52	52	(b) The boundaries and field notes contained in Section 2 of
53	53	the Act enacting this chapter form a closure. A mistake made in the
54	54	field notes or in copying the field notes in the legislative process
55	55	does not affect the district's:
56	56	(1) organization, existence, or validity;
57	57	(2) right to issue any type of bond for the purposes
58	58	for which the district is created or to pay the principal of and
59	59	interest on a bond;
60	60	(3) right to impose a tax; or
61	61	(4) legality or operation.
62	62	SUBCHAPTER B. BOARD OF DIRECTORS
63	63	Sec. 7974.051. GOVERNING BODY; TERMS. (a) The district is
64	64	governed by a board of five elected directors.
65	65	(b) Except as provided by Section 7974.052, directors serve
66	66	staggered four-year terms.
67	67	Sec. 7974.052. TEMPORARY DIRECTORS. (a) On or after the
68	68	effective date of the Act enacting this chapter, the owner or owners
69	69	of a majority of the assessed value of the real property in the
70	70	district may submit a petition to the commission requesting that
71	71	the commission appoint as temporary directors the five persons
72	72	named in the petition. The commission shall appoint as temporary
73	73	directors the five persons named in the petition.
74	74	(b) Temporary directors serve until the earlier of:
75	75	(1) the date permanent directors are elected under
76	76	Section 7974.003; or
77	77	(2) the fourth anniversary of the effective date of
78	78	the Act enacting this chapter.
79	79	(c) If permanent directors have not been elected under
80	80	Section 7974.003 and the terms of the temporary directors have
81	81	expired, successor temporary directors shall be appointed or
82	82	reappointed as provided by Subsection (d) to serve terms that
83	83	expire on the earlier of:
84	84	(1) the date permanent directors are elected under
85	85	Section 7974.003; or
86	86	(2) the fourth anniversary of the date of the
87	87	appointment or reappointment.
88	88	(d) If Subsection (c) applies, the owner or owners of a
89	89	majority of the assessed value of the real property in the district
90	90	may submit a petition to the commission requesting that the
91	91	commission appoint as successor temporary directors the five
92	92	persons named in the petition. The commission shall appoint as
93	93	successor temporary directors the five persons named in the
94	94	petition.
95	95	SUBCHAPTER C. POWERS AND DUTIES
96	96	Sec. 7974.101. GENERAL POWERS AND DUTIES. The district has
97	97	the powers and duties necessary to accomplish the purposes for
98	98	which the district is created.
99	99	Sec. 7974.102. MUNICIPAL UTILITY DISTRICT POWERS AND
100	100	DUTIES. The district has the powers and duties provided by the
101	101	general law of this state, including Chapters 49 and 54, Water Code,
102	102	applicable to municipal utility districts created under Section 59,
103	103	Article XVI, Texas Constitution.
104	104	Sec. 7974.103. AUTHORITY FOR ROAD PROJECTS. Under Section
105	105	52, Article III, Texas Constitution, the district may design,
106	106	acquire, construct, finance, issue bonds for, improve, operate,
107	107	maintain, and convey to this state, a county, or a municipality for
108	108	operation and maintenance macadamized, graveled, or paved roads, or
109	109	improvements, including storm drainage, in aid of those roads.
110	110	Sec. 7974.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
111	111	road project must meet all applicable construction standards,
112	112	zoning and subdivision requirements, and regulations of each
113	113	municipality in whose corporate limits or extraterritorial
114	114	jurisdiction the road project is located.
115	115	(b) If a road project is not located in the corporate limits
116	116	or extraterritorial jurisdiction of a municipality, the road
117	117	project must meet all applicable construction standards,
118	118	subdivision requirements, and regulations of each county in which
119	119	the road project is located.
120	120	(c) If the state will maintain and operate the road, the
121	121	Texas Transportation Commission must approve the plans and
122	122	specifications of the road project.
123	123	Sec. 7974.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
124	124	OR RESOLUTION. The district shall comply with all applicable
125	125	requirements of any ordinance or resolution that is adopted under
126	126	Section 54.016 or 54.0165, Water Code, and that consents to the
127	127	creation of the district or to the inclusion of land in the
128	128	district.
129	129	Sec. 7974.106. DIVISION OF DISTRICT. (a) The district may
130	130	be divided into two or more new districts only if the district:
131	131	(1) has no outstanding bonded debt; and
132	132	(2) is not imposing ad valorem taxes.
133	133	(b) This chapter applies to any new district created by the
134	134	division of the district, and a new district has all the powers and
135	135	duties of the district.
136	136	(c) Any new district created by the division of the district
137	137	may not, at the time the new district is created, contain any land
138	138	outside the area described by Section 2 of the Act enacting this
139	139	chapter.
140	140	(d) The board, on its own motion or on receipt of a petition
141	141	signed by the owner or owners of a majority of the assessed value of
142	142	the real property in the district, may adopt an order dividing the
143	143	district.
144	144	(e) The board may adopt an order dividing the district
145	145	before or after the date the board holds an election under Section
146	146	7974.003 to confirm the district's creation.
147	147	(f) An order dividing the district must:
148	148	(1) name each new district;
149	149	(2) include the metes and bounds description of the
150	150	territory of each new district;
151	151	(3) appoint temporary directors for each new district;
152	152	and
153	153	(4) provide for the division of assets and liabilities
154	154	between or among the new districts.
155	155	(g) On or before the 30th day after the date of adoption of
156	156	an order dividing the district, the district shall file the order
157	157	with the commission and record the order in the real property
158	158	records of each county in which the district is located.
159	159	(h) Any new district created by the division of the district
160	160	shall hold a confirmation and directors' election as required by
161	161	Section 7974.003.
162	162	(i) Municipal consent to the creation of the district and to
163	163	the inclusion of land in the district granted under Section
164	164	7974.004 acts as municipal consent to the creation of any new
165	165	district created by the division of the district and to the
166	166	inclusion of land in the new district.
167	167	(j) Any new district created by the division of the district
168	168	must hold an election as required by this chapter to obtain voter
169	169	approval before the district may impose a maintenance tax or issue
170	170	bonds payable wholly or partly from ad valorem taxes.
171	171	(k) If the creation of the new district is confirmed, the
172	172	new district shall provide the election date and results to the
173	173	commission.
174	174	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
175	175	Sec. 7974.151. ELECTIONS REGARDING TAXES OR BONDS.
176	176	(a) The district may issue, without an election, bonds and other
177	177	obligations secured by:
178	178	(1) revenue other than ad valorem taxes; or
179	179	(2) contract payments described by Section 7974.153.
180	180	(b) The district must hold an election in the manner
181	181	provided by Chapters 49 and 54, Water Code, to obtain voter approval
182	182	before the district may impose an ad valorem tax or issue bonds
183	183	payable from ad valorem taxes.
184	184	(c) The district may not issue bonds payable from ad valorem
185	185	taxes to finance a road project unless the issuance is approved by a
186	186	vote of a two-thirds majority of the district voters voting at an
187	187	election held for that purpose.
188	188	Sec. 7974.152. OPERATION AND MAINTENANCE TAX. (a) If
189	189	authorized at an election held under Section 7974.151, the district
190	190	may impose an operation and maintenance tax on taxable property in
191	191	the district in accordance with Section 49.107, Water Code.
192	192	(b) The board shall determine the tax rate. The rate may not
193	193	exceed the rate approved at the election.
194	194	Sec. 7974.153. CONTRACT TAXES. (a) In accordance with
195	195	Section 49.108, Water Code, the district may impose a tax other than
196	196	an operation and maintenance tax and use the revenue derived from
197	197	the tax to make payments under a contract after the provisions of
198	198	the contract have been approved by a majority of the district voters
199	199	voting at an election held for that purpose.
200	200	(b) A contract approved by the district voters may contain a
201	201	provision stating that the contract may be modified or amended by
202	202	the board without further voter approval.
203	203	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
204	204	Sec. 7974.201. AUTHORITY TO ISSUE BONDS AND OTHER
205	205	OBLIGATIONS. The district may issue bonds or other obligations
206	206	payable wholly or partly from ad valorem taxes, impact fees,
207	207	revenue, contract payments, grants, or other district money, or any
208	208	combination of those sources, to pay for any authorized district
209	209	purpose.
210	210	Sec. 7974.202. TAXES FOR BONDS. At the time the district
211	211	issues bonds payable wholly or partly from ad valorem taxes, the
212	212	board shall provide for the annual imposition of a continuing
213	213	direct ad valorem tax, without limit as to rate or amount, while all
214	214	or part of the bonds are outstanding as required and in the manner
215	215	provided by Sections 54.601 and 54.602, Water Code.
216	216	Sec. 7974.203. BONDS FOR ROAD PROJECTS. At the time of
217	217	issuance, the total principal amount of bonds or other obligations
218	218	issued or incurred to finance road projects and payable from ad
219	219	valorem taxes may not exceed one-fourth of the assessed value of the
220	220	real property in the district.
221	221	SECTION 2. The Montgomery County Municipal Utility District
222	222	No. 154 initially includes all the territory contained in the
223	223	following area:
224	224	TRACT 1
225	225	A METES AND BOUNDS description of a 279.07 acre tract of land
226	226	situated in the Edward Taylor Survey, Abstract Number 554,
227	227	Montgomery County, Texas; being all of a called 279.65 acre tract
228	228	conveyed to Mitchell Energy Corporation by Surface Deed and
229	229	Subsurface Easement dated January 1, 1995 and filed for record
230	230	under Clerk's File No. 9509774 of the Montgomery County Official
231	231	Public Records of Real Property; said 279.07 acres being more
232	232	particularly described as follows with all bearing based on the
233	233	Texas Coordinate System of 1983, Central Zone:
234	234	BEGINNING at a found 1/2-inch iron rod in the apparent west
235	235	right-of-way of Cripple Creek Drive North, for an angle corner in
236	236	the north line of Lot 1 of Galleria Oaks Estates as shown on a plat
237	237	filed for record in Cabinet B, Sheet 79 of the Montgomery County Map
238	238	Records and the southeast corner of said 279.65 acres, same being
239	239	the southeast corner of the herein described tract, from which a
240	240	found 1/2-inch iron rod bears North 77°23'58" East, 38.23 feet;
241	241	THENCE, South 86°25'45" West, along the north line of Lots 1-
242	242	7 of said Galleria Oaks Estates and the south line of said 279.65
243	243	acres, passing a found 1-inch iron pipe at 244.84 feet, a found axle
244	244	at 544.26 feet, 5.56 feet right, a found 8-inch by 8-inch concrete
245	245	monument at 544.89 feet, 4.90 feet right, and a found 1-inch iron
246	246	pipe at 1170.28 feet, continuing for a total distance of 1988.05
247	247	feet (called 1997.31) to a set 3/4-inch iron rod (with cap stamped
248	248	"JonesCarter Property Corner") in the northeast right-of-way of
249	249	the Union Pacific Railroad (formerly I & G.N. Railroad Company)
250	250	(width varies) filed for record under Volume 26, Page 351 of the
251	251	Montgomery County Deed Records, for the south corner of the herein
252	252	described tract, from which a found 8-inch by 8-inch concrete
253	253	monument bears South 86°25'45" West, 9.14 feet;
254	254	THENCE, along the northeast right-of-way of the said Union
255	255	Pacific Railroad and the southwest line of the herein described
256	256	tract the following five (5) courses and distances:
257	257	1. North 59°15'02" West, 1127.60 feet, departing the
258	258	north line of said Lot 7, to a set 3/4-inch iron rod (with cap
259	259	stamped "JonesCarter Property Corner");
260	260	2. North 30°44'58" East, 25.00 feet to a set 3/4-inch
261	261	iron rod (with cap stamped "JonesCarter Property Corner");
262	262	3. North 59°15'02" West, 600.00 feet to a set 3/4-inch
263	263	iron rod (with cap stamped "JonesCarter Property Corner");
264	264	4. South 30°44'58" West, 25.00 feet to a set 3/4-inch
265	265	iron rod (with cap stamped "JonesCarter Property Corner");
266	266	5. North 59°15'02" West, 1371.85 feet to a set 3/4-inch
267	267	iron rod (with cap stamped "JonesCarter Property Corner") in the
268	268	south line of a called 139.384 acre tract conveyed to Norma Helen
269	269	Schoessow by Special Warranty Deed dated October 23, 1995 and filed
270	270	for record under Clerk's File No. 9559657 of the Montgomery County
271	271	Official Public Records of Real Property, for the west corner of the
272	272	herein described tract, from which a found 8-inch by 8-inch
273	273	concrete monument bears South 87°11'00" East, 8.79 feet;
274	274	THENCE, North 87°11'00" East, 2105.63 feet (called 2114.59
275	275	feet), departing the northeast right-of-way of the said Union
276	276	Pacific Railroad, along the south line of said 139.384 acres, a
277	277	north line of said 279.65 acres, and a north line of the herein
278	278	described tract to a found 8-inch by 8-inch concrete monument, for
279	279	an angle corner for said 139.384 acres, said 279.65 acres, and the
280	280	herein described tract;
281	281	THENCE, North 32°44'24" East, along the southeast line of said
282	282	139.384 acres, the northwest line of said 279.65 acres, and the
283	283	northwest line of the herein described tract, passing a found
284	284	1/2-inch iron rod (bent) at 2037.03 feet, 4.74 feet right,
285	285	continuing for a total distance of 2056.48 feet to a found 1-inch
286	286	pinched top pipe, for an angle corner for said 139.384 acres, said
287	287	279.65 acres, and the herein described tract;
288	288	THENCE, North 02°29'44" West, 2678.96 feet (called 2681.84
289	289	feet) along the east line of said 139.384 acres, the west line of
290	290	said 279.65 acres, and the west line of the herein described tract
291	291	to a found 8-inch by 8-inch concrete monument in the south line of a
292	292	called 77.051 acre tract conveyed to Susan Halstead, Vincent S.
293	293	Halstead, Steven B. Schoessow, Clarice J. Fore, Curtis F.
294	294	Schoessow, Douglas P. Schoessow, Jana B. McNeil and Adrianne Leigh
295	295	Fore by Gift Deed dated October 10, 2014 and filed for record under
296	296	Clerk's File No. 2014100067 of the Montgomery County Official
297	297	Public Records of Real Property, for the northeast corner of said
298	298	139.384 acres and the northwest corner of said 279.65 acres, same
299	299	being the northwest corner of the herein described tract, from
300	300	which a found 1/2-inch iron pipe bears North 01°41'45" East, 0.61
301	301	feet;
302	302	THENCE, North 86°56'34" East, along the south line of said
303	303	77.051 acres, the north line of said 279.65 acres, and the north
304	304	line of the herein described tract, passing a found 1-inch pinched
305	305	top pipe at 298.14 feet, continuing along the north line of said
306	306	279.65 acres and the north line of the herein described tract for a
307	307	total distance of 715.80 feet to a set 3/4-inch iron rod (with cap
308	308	stamped "JonesCarter Property Corner") for an angle corner;
309	309	THENCE, North 86°38'34" East, 561.72 feet (called 561.50
310	310	feet), continuing along the north line of said 279.65 acres and the
311	311	north line of the herein described tract to a found 1/2-inch iron
312	312	pipe in the apparent east line of the Edward Taylor Survey, Abstract
313	313	Number 554 and the apparent west line of the Leander Wescott Survey,
314	314	Abstract Number 616, for the southeast corner of a called 10 acre
315	315	tract conveyed to Axe Em Investments, L.P. by Special Warranty Deed
316	316	dated October 1, 2003 and filed for record under Clerk's File
317	317	No. 2003-134286 of the Montgomery County Official Public Records of
318	318	Real Property and the northeast corner of said 279.65 acres, same
319	319	being the northeast corner of the herein described tract, from
320	320	which a found 1/2-inch iron rod bears North 03°18'03" West, 941.08
321	321	feet;
322	322	THENCE, South 02°35'38" East, along the apparent east line of
323	323	the Edward Taylor Survey, Abstract Number 554, the apparent west
324	324	line of the Leander Wescott Survey, Abstract Number 616, the east
325	325	line of said 279.65 acres and the east line of the herein described
326	326	tract, passing a found 1/2-inch iron pipe at a distance of 2090.96
327	327	feet, 12.71 feet right, a found 5/8-inch iron rod at a distance of
328	328	2094.87 feet, 12.74 feet right and a found 3/4-inch iron rod (with
329	329	cap stamped "JonesCarter Property Corner") (previously set for
330	330	survey of adjoining acreage) at a distance of 2107.96 feet,
331	331	continuing along apparent east line of the Edward Taylor Survey,
332	332	Abstract Number 554, the apparent west line of the Robin George
333	333	Survey, Abstract Number 470, the apparent west line of the Leander
334	334	Wescott Survey, Abstract Number 615, the west line of Block 4 of
335	335	Cripple Creek Farms North Section Three (an unrecorded
336	336	subdivision), the east line of said 279.65 acres and the east line
337	337	of the herein described tract, same being the common line of a
338	338	Boundary Agreement dated August 11, 1958 filed for record in Volume
339	339	458, Page 386 of the Montgomery County Deed Records, passing a found
340	340	1/2-inch iron pipe at a distance of 2978.61 feet, 4.46 feet right, a
341	341	found 1/2-inch iron pipe at a distance of 3178.70 feet, 4.50 feet
342	342	right, a found 5/8-inch iron rod at a distance of 3408.76 feet, 4.96
343	343	feet right, a found 1/2-inch iron pipe at a distance of 3638.37
344	344	feet, 5.76 feet right, a found 1/2-inch iron pipe at a distance of
345	345	3846.97 feet, 5.42 feet right, a found 1/2-inch iron pipe at a
346	346	distance of 4046.44 feet, 4.77 feet right, a found 3/4-inch iron rod
347	347	at a distance of 4246.56 feet, 4.32 feet right, a found 1/2-inch
348	348	iron pipe at a distance of 4446.96 feet, 5.22 feet right, a found
349	349	1/2-inch iron pipe at a distance of 4646.61 feet, 6.40 feet right, a
350	350	found 5/8-inch iron rod at a distance of 4845.95 feet, 6.30 feet
351	351	right, a found 1/2-inch iron pipe at a distance of 5044.96 feet,
352	352	6.79 feet right, a found 1/2-inch iron pipe at a distance of 5644.64
353	353	feet, 6.54 feet right, a found 1/4-inch iron pipe at a distance of
354	354	5665.25 feet, 7.16 feet right, a found 5/8-inch iron rod at a
355	355	distance of 5665.30 feet, 6.86 feet right, continuing for a total
356	356	distance of 6047.81 feet (called 6051.88 feet) to the POINT OF
357	357	BEGINNING, CONTAINING 279.07 acres of land in Montgomery County,
358	358	Texas, as shown on drawing number 9629-A.
359	359	TRACT 2
360	360	A METES AND BOUNDS description of a 842.23 acre tract of land
361	361	situated in the Charles Frazier Survey, Abstract Number 206, the
362	362	Andrew J. Hensley Survey, Abstract Number 255, the Azariah Prather
363	363	Survey, Abstract Number 427 and the Leander Wescott Survey,
364	364	Abstract Number 616, Montgomery County, Texas; being out of and a
365	365	part of a called 881.183 acre tract (Tract 1) conveyed to Mitchell
366	366	Energy Corporation by Special Warranty Deed dated July 31, 1997 and
367	367	filed for record under Clerk's File No. 9746155 of the Montgomery
368	368	County Official Public Records of Real Property; said 842.23 acres
369	369	being more particularly described as follows with all bearings
370	370	based on the Texas Coordinate System of 1983, Central Zone:
371	371	BEGINNING at a found 3-inch iron pipe for the north corner
372	372	Greentree Forest Estates (an Unrecorded Subdivision), same being an
373	373	interior corner of the herein described tract;
374	374	THENCE, South 42°47'48" West, along the northwest line of said
375	375	Greentree Forest Estates and a southeast line of said 881.183
376	376	acres, passing a found 5/8-inch iron rod at 256.52 feet, a found
377	377	1/2-inch iron rod at 374.49 feet, 0.17 feet left, a found 5/8-inch
378	378	iron rod at 847.40 feet, a found 5/8-inch iron rod at 965.59 feet,
379	379	0.38 feet right, a found 1/2-inch iron rod at 1202.01 feet, a found
380	380	1/2-inch iron rod at 1442.52 feet, 1.05 feet right, a found 5/8-inch
381	381	iron rod at 1686.50 feet and a found 1/2-inch iron rod at 1921.45
382	382	feet, continuing for a total distance of 2155.95 feet (called
383	383	2155.95 feet) to a set 3/4-inch iron rod (with cap stamped
384	384	"JonesCarter Property Corner") in the northeast line of called
385	385	4.615 acre tract, known as Tract 17, Block 4 of Cripple Creek Farms
386	386	North Section Three (an unrecorded subdivision), conveyed to Larry
387	387	Dan McQuerry and wife, Mary Margaret McQuerry by General Warranty
388	388	Deed dated April 2, 1980 and filed for record under Clerk's File
389	389	No. 8011618 of the Montgomery County Official Public Records of
390	390	Real Property, for a southwest corner of the herein described
391	391	tract, from which a found 1/2-inch iron rod bears South 47°45'18"
392	392	East, 171.07 feet;
393	393	THENCE, North 47°25'32" West, 433.31 feet (called 1246.42
394	394	feet), departing the northwest line of said Greentree Forest
395	395	Estates, along the northeast line of said 4.615 acres and a
396	396	southwest line of said 881.183 acres to a set 3/4-inch iron rod
397	397	(with cap stamped "JonesCarter Property Corner") in the east line
398	398	of a called 279.65 acre tract conveyed to Mitchell Energy
399	399	Corporation by Surface Deed and Subsurface Easement dated January
400	400	1, 1995 and file for record under Clerk's File No. 9509774 of the
401	401	Montgomery County Official Public Records of Real Property, same
402	402	being the apparent east line of the Edward Taylor Survey, Abstract
403	403	Number 554 and the apparent west line of the Leander Wescott Survey,
404	404	Abstract Number 616, from which found 3-1/2" iron pipe bears North
405	405	47°25'32" West, 812.94 feet, and a found 1/2-inch iron rod bears
406	406	South 02°35'38" East, 3939.85 feet;
407	407	THENCE, North 02°35'38" West, departing the northeast line of
408	408	said 4.615 acres, along the east line of said 279.65 acres, the
409	409	apparent east line of the Edward Taylor Survey, Abstract Number 554
410	410	and the apparent west line of the Leander Wescott Survey, Abstract
411	411	Number 616, passing a 5/8-inch iron rod at 13.09 feet, 12.74 feet
412	412	left and a found 1/2-inch iron pipe at 17.01 feet, 12.71 feet left,
413	413	continuing for a total distance of 2107.96 feet to a found 1/2-inch
414	414	iron pipe for the southeast corner of a called 10 acre tract
415	415	conveyed to Axe Em Investments, L.P. by Special Warranty Deed dated
416	416	October 1, 2003 and filed for record under Clerk's File
417	417	No. 2003-134286 of the Montgomery County Official Public Records of
418	418	Real Property, the northeast corner of said 279.65 acres and an
419	419	angle point in the west line of the herein described tract, from
420	420	which a found 3/4-inch iron rod (with cap stamped "JonesCarter
421	421	Property Corner") bears South 86°38'34" West, 561.72 feet;
422	422	THENCE, North 03°18'03" West, continuing along the apparent
423	423	east line of the Edward Taylor Survey, Abstract Number 554, the
424	424	apparent west line of the Leander Wescott Survey, Abstract Number
425	425	616, and the east line of said 10 acres, passing a 1/2-inch iron rod
426	426	at 220.99 feet, continuing along the east line of said 10 acres, the
427	427	east line of a called 5 acre tract and another called 10 acre tract
428	428	(hereinafter referred to as "northern 10 acres"), both conveyed to
429	429	Axe Em Investments, L.P. by Special Warranty Deed dated October 1,
430	430	2003 and filed for record under Clerk's File No. 2003-134286 of the
431	431	Montgomery County Official Public Records of Real Property for a
432	432	total distance of 941.08 feet to a found 1/2-inch iron rod in the
433	433	north line of said 881.183 acres for an angle point in the south
434	434	line of a called 757.02 acre tract ("Tract III") conveyed to 1488
435	435	Corp. by Special Warranty Deed dated December 29, 2015 and filed for
436	436	record under Clerk's File No. 2016002467 of the Montgomery County
437	437	Official Public Records of Real Property, same being the northwest
438	438	corner of the herein described tract, from which a found axle bears
439	439	North 48°48'43" West, 728.19 feet and a found 3/4-inch pinched top
440	440	pipe bears North 03°04'57" West, 1286.89 feet;
441	441	THENCE, departing the east line of said northern 10 acres,
442	442	the apparent east line of the Edward Taylor Survey, Abstract Number
443	443	554 and the apparent west line of the Leander Wescott Survey,
444	444	Abstract Number 616, along the south line of said 757.02 acres and
445	445	the north line of said 881.183 acres the following six (6) courses
446	446	and distances:
447	447	1. South 48°52'00" East, 593.66 feet (called 1321.86
448	448	feet) to a found 3-inch iron pipe for an angle point;
449	449	2. North 42°00'28" East, 807.36 feet (called 807.98
450	450	feet) to a found 3-inch iron pipe;
451	451	3. North 43°20'46" East, 781.14 feet (called 779.36
452	452	feet) to a found 3/4-inch iron pipe;
453	453	4. North 41°41'25" East, 1538.43 feet (called 1540.14
454	454	feet) to a found 3-inch iron pipe;
455	455	5. North 42°24'04" East, 777.81 feet (called 778.99
456	456	feet) to a found 1/2-inch iron rod;
457	457	6. North 42°15'57" East, 706.71 feet (called 710.25
458	458	feet) to a point in the centerline of Mill Creek, for the west
459	459	corner of a called 6.11186 acre tract, known as Tract 12 of Wildwood
460	460	Estates (an unrecorded subdivision), conveyed to John M. Burdick
461	461	and wife, Sandra A. Burdick by Warranty Deed dated October 14, 1991
462	462	and file for record under Clerk's File No. 9148107 of the
463	463	Montgomery County Official Public Records of Real Property, same
464	464	being the north corner of said 881.183 acres and the herein
465	465	described tract, from which a found 1-inch iron pipe bears North
466	466	42°15'57" East, 1881.50 feet;
467	467	THENCE, departing the south line of said 757.02 acres, along
468	468	the centerline meanders of said Mill Creek, same being the east line
469	469	of said 881.183 acres, the following two-hundred and forty-six
470	470	(246) courses and distances:
471	471	1. South 12°18'18" East, 20.94 feet to a point;
472	472	2. South 22°23'59" East, 74.66 feet to a point;
473	473	3. South 42°53'52" West, 46.44 feet to a point;
474	474	4. South 36°58'56" West, 46.01 feet to a point;
475	475	5. South 09°52'55" East, 37.33 feet to a point;
476	476	6. North 87°56'29" East, 80.12 feet to a point;
477	477	7. South 45°12'31" East, 17.10 feet to a point;
478	478	8. South 10°52'22" East, 26.87 feet to a point;
479	479	9. South 02°05'39" East, 26.13 feet to a point;
480	480	10. South 12°44'29" East, 19.29 feet to a point;
481	481	11. South 04°45'43" West, 43.16 feet to a point;
482	482	12. South 35°59'36" East, 36.12 feet to a point;
483	483	13. South 09°16'25" West, 32.54 feet to a point;
484	484	14. South 12°40'55" West, 171.14 feet to a point;
485	485	15. South 06°14'53" East, 70.78 feet to a point;
486	486	16. South 41°23'52" East, 61.54 feet to a point;
487	487	17. South 14°42'38" East, 130.27 feet to a point;
488	488	18. South 23°55'53" East, 126.21 feet to a point;
489	489	19. South 10°03'51" East, 50.67 feet to a point;
490	490	20. South 36°50'20" East, 107.39 feet to a point;
491	491	21. South 10°43'38" East, 60.21 feet to a point;
492	492	22. South 21°14'15" West, 153.28 feet to a point;
493	493	23. South 22°33'14" West, 58.07 feet to a point;
494	494	24. South 05°35'01" West, 20.25 feet to a point;
495	495	25. South 61°22'44" East, 38.41 feet to a point;
496	496	26. South 69°02'33" East, 58.99 feet to a point;
497	497	27. South 12°12'50" East, 124.16 feet to a point;
498	498	28. South 32°31'48" East, 44.10 feet to a point;
499	499	29. South 57°36'47" East, 61.05 feet to a point;
500	500	30. South 53°27'39" East, 56.94 feet to a point;
501	501	31. South 33°14'19" East, 97.80 feet to a point;
502	502	32. South 21°00'11" East, 47.88 feet to a point;
503	503	33. South 00°14'08" West, 9.48 feet to a point;
504	504	34. South 35°38'34" West, 15.42 feet to a point;
505	505	35. South 05°09'49" West, 35.23 feet to a point;
506	506	36. South 41°24'16" East, 29.71 feet to a point;
507	507	37. South 59°26'29" East, 22.32 feet to a point;
508	508	38. South 69°02'33" East, 324.70 feet to a point;
509	509	39. South 85°20'52" East, 48.71 feet to a point;
510	510	40. North 78°12'44" East, 26.46 feet to a point;
511	511	41. North 42°26'02" East, 37.26 feet to a point;
512	512	42. North 09°57'57" East, 21.44 feet to a point;
513	513	43. North 71°11'45" West, 44.32 feet to a point;
514	514	44. North 43°20'43" West, 8.72 feet to a point;
515	515	45. North 01°04'41" West, 22.38 feet to a point;
516	516	46. North 21°27'17" East, 14.55 feet to a point;
517	517	47. North 35°12'16" East, 57.34 feet to a point;
518	518	48. South 40°49'24" East, 26.21 feet to a point;
519	519	49. South 26°33'49" East, 19.14 feet to a point;
520	520	50. South 78°44'47" East, 39.61 feet to a point;
521	521	51. South 42°37'50" East, 117.76 feet to a point;
522	522	52. South 63°31'02" East, 54.42 feet to a point;
523	523	53. North 86°22'35" East, 14.48 feet to a point;
524	524	54. South 83°23'38" East, 50.81 feet to a point;
525	525	55. South 41°53'26" East, 37.41 feet to a point;
526	526	56. South 10°42'29" East, 156.83 feet to a point;
527	527	57. South 50°37'37" East, 26.55 feet to a point;
528	528	58. South 35°05'48" East, 74.85 feet to a point;
529	529	59. South 34°45'59" East, 50.28 feet to a point;
530	530	60. South 63°14'51" East, 163.53 feet to a point;
531	531	61. South 87°53'24" East, 20.12 feet to a point;
532	532	62. North 48°15'22" East, 95.09 feet to a point;
533	533	63. South 57°40'49" East, 12.18 feet to a point;
534	534	64. South 55°52'46" East, 39.03 feet to a point;
535	535	65. South 30°38'19" East, 13.33 feet to a point;
536	536	66. South 17°12'36" East, 20.13 feet to a point;
537	537	67. South 54°53'29" East, 145.28 feet to a point;
538	538	68. South 66°39'02" East, 56.87 feet to a point;
539	539	69. South 75°44'05" East, 87.52 feet to a point;
540	540	70. South 58°53'21" East, 90.35 feet to a point;
541	541	71. North 88°28'59" East, 42.27 feet to a point;
542	542	72. South 56°16'37" East, 181.99 feet to a point;
543	543	73. South 40°53'21" East, 125.58 feet to a point;
544	544	74. South 31°26'40" West, 50.99 feet to a point;
545	545	75. South 28°10'18" West, 24.21 feet to a point;
546	546	76. South 77°29'22" East, 19.73 feet to a point;
547	547	77. South 50°09'42" East, 96.47 feet to a point;
548	548	78. South 56°32'41" East, 38.23 feet to a point;
549	549	79. South 54°49'44" East, 31.98 feet to a point;
550	550	80. North 77°40'42" East, 30.26 feet to a point;
551	551	81. North 80°05'57" East, 64.03 feet to a point;
552	552	82. South 66°03'01" East, 290.35 feet to a point;
553	553	83. South 63°25'23" East, 170.62 feet to a point;
554	554	84. South 62°41'27" East, 181.12 feet to a point;
555	555	85. South 49°53'40" East, 59.94 feet to a point;
556	556	86. South 39°07'27" East, 46.28 feet to a point;
557	557	87. South 05°14'20" West, 92.52 feet to a point;
558	558	88. South 63°37'44" West, 38.32 feet to a point;
559	559	89. South 46°52'08" West, 17.69 feet to a point;
560	560	90. South 30°30'24" West, 32.48 feet to a point;
561	561	91. South 52°08'30" West, 30.87 feet to a point;
562	562	92. North 88°59'43" West, 56.63 feet to a point;
563	563	93. South 40°10'42" West, 137.98 feet to a point;
564	564	94. South 17°29'36" West, 77.42 feet to a point;
565	565	95. South 00°37'28" East, 30.27 feet to a point;
566	566	96. South 83°36'36" East, 64.24 feet to a point;
567	567	97. South 86°39'20" East, 105.45 feet to a point;
568	568	98. South 46°06'16" East, 176.19 feet to a point;
569	569	99. South 56°22'42" East, 61.38 feet to a point;
570	570	100. South 53°51'41" East, 64.61 feet to a point;
571	571	101. North 46°16'54" East, 19.60 feet to a point;
572	572	102. North 42°53'51" East, 33.81 feet to a point;
573	573	103. North 81°54'47" East, 105.65 feet to a point;
574	574	104. South 78°49'30" East, 53.59 feet to a point;
575	575	105. South 39°53'14" East, 18.21 feet to a point;
576	576	106. South 27°02'07" East, 57.44 feet to a point;
577	577	107. South 40°36'08" East, 83.23 feet to a point;
578	578	108. South 36°14'03" East, 104.79 feet to a point;
579	579	109. South 21°55'33" West, 120.32 feet to a point;
580	580	110. South 45°28'18" West, 24.82 feet to a point;
581	581	111. North 87°16'18" West, 60.19 feet to a point;
582	582	112. South 04°03'57" West, 40.49 feet to a point;
583	583	113. South 19°30'55" West, 113.56 feet to a point;
584	584	114. South 17°09'33" West, 26.63 feet to a point;
585	585	115. South 06°32'51" West, 52.58 feet to a point;
586	586	116. South 48°03'00" East, 198.07 feet to a point;
587	587	117. South 78°07'22" East, 39.83 feet to a point;
588	588	118. South 45°15'38" East, 108.53 feet to a point;
589	589	119. South 15°27'32" East, 74.05 feet to a point;
590	590	120. South 29°42'12" East, 187.05 feet to a point;
591	591	121. South 10°51'23" East, 98.64 feet to a point;
592	592	122. South 13°57'22" West, 16.81 feet to a point;
593	593	123. South 05°41'13" East, 152.49 feet to a point;
594	594	124. South 04°31'17" East, 117.06 feet to a point;
595	595	125. South 04°48'51" West, 67.94 feet to a point;
596	596	126. South 20°51'03" West, 86.27 feet to a point;
597	597	127. South 48°35'35" West, 63.11 feet to a point;
598	598	128. South 48°58'11" West, 27.31 feet to a point;
599	599	129. South 41°19'59" West, 147.94 feet to a point;
600	600	130. South 16°43'24" West, 51.25 feet to a point;
601	601	131. South 38°48'25" West, 129.88 feet to a point;
602	602	132. South 48°43'18" West, 33.26 feet to a point;
603	603	133. South 49°33'27" West, 63.28 feet to a point;
604	604	134. South 34°02'23" West, 138.93 feet to a point;
605	605	135. South 43°19'50" West, 77.02 feet to a point;
606	606	136. South 21°42'27" East, 21.32 feet to a point;
607	607	137. South 19°31'50" East, 69.55 feet to a point;
608	608	138. South 10°43'23" East, 164.23 feet to a point;
609	609	139. South 50°46'56" East, 96.05 feet to a point;
610	610	140. South 38°12'17" East, 124.95 feet to a point;
611	611	141. South 14°25'39" East, 40.20 feet to a point;
612	612	142. South 04°53'50" East, 123.95 feet to a point;
613	613	143. South 32°39'47" East, 115.61 feet to a point;
614	614	144. South 15°59'49" East, 145.05 feet to a point;
615	615	145. South 44°34'59" East, 144.65 feet to a point;
616	616	146. South 62°03'10" East, 95.40 feet to a point;
617	617	147. South 79°38'44" East, 72.91 feet to a point;
618	618	148. South 10°24'52" East, 229.66 feet to a point;
619	619	149. North 68°22'11" West, 80.47 feet to a point;
620	620	150. South 07°25'05" East, 48.42 feet to a point;
621	621	151. South 02°41'47" West, 198.27 feet to a point;
622	622	152. South 43°12'25" West, 88.27 feet to a point;
623	623	153. South 51°53'13" West, 53.80 feet to a point;
624	624	154. South 46°45'22" East, 42.20 feet to a point;
625	625	155. South 61°43'29" East, 161.36 feet to a point;
626	626	156. South 28°19'40" East, 101.12 feet to a point;
627	627	157. South 32°48'06" East, 144.76 feet to a point;
628	628	158. South 50°37'24" East, 51.47 feet to a point;
629	629	159. South 28°01'42" East, 126.58 feet to a point;
630	630	160. South 38°57'45" East, 107.31 feet to a point;
631	631	161. South 50°24'34" East, 71.71 feet to a point;
632	632	162. South 09°29'22" East, 212.34 feet to a point;
633	633	163. South 00°20'59" West, 132.90 feet to a point;
634	634	164. South 19°40'54" East, 86.34 feet to a point;
635	635	165. South 14°58'26" West, 140.70 feet to a point;
636	636	166. South 10°08'09" West, 74.76 feet to a point;
637	637	167. South 53°21'21" West, 115.04 feet to a point;
638	638	168. South 27°54'49" West, 62.71 feet to a point;
639	639	169. South 34°48'30" East, 61.40 feet to a point;
640	640	170. South 66°20'22" East, 141.85 feet to a point;
641	641	171. South 72°53'56" East, 64.16 feet to a point;
642	642	172. South 80°40'10" East, 93.92 feet to a point;
643	643	173. North 88°21'42" East, 215.53 feet to a point;
644	644	174. North 72°22'13" East, 72.02 feet to a point;
645	645	175. North 30°33'22" East, 51.13 feet to a point;
646	646	176. North 53°06'11" East, 67.65 feet to a point;
647	647	177. South 89°23'41" East, 60.02 feet to a point;
648	648	178. North 69°42'48" East, 89.16 feet to a point;
649	649	179. North 84°21'21" East, 28.12 feet to a point;
650	650	180. South 65°03'29" East, 63.15 feet to a point;
651	651	181. South 24°31'20" East, 153.15 feet to a point;
652	652	182. South 79°55'10" East, 74.23 feet to a point;
653	653	183. South 30°19'44" East, 69.41 feet to a point;
654	654	184. South 26°36'17" West, 67.33 feet to a point;
655	655	185. South 51°53'55" East, 28.30 feet to a point;
656	656	186. South 48°09'02" East, 20.98 feet to a point;
657	657	187. South 69°54'32" East, 42.71 feet to a point;
658	658	188. South 49°35'02" East, 114.15 feet to a point;
659	659	189. South 61°51'29" East, 70.82 feet to a point;
660	660	190. North 56°45'53" East, 81.24 feet to a point;
661	661	191. North 10°22'42" West, 27.52 feet to a point;
662	662	192. North 44°20'07" West, 46.76 feet to a point;
663	663	193. North 14°23'02" West, 40.60 feet to a point;
664	664	194. North 81°26'55" East, 88.16 feet to a point;
665	665	195. South 81°27'52" East, 225.26 feet to a point;
666	666	196. North 50°13'30" East, 52.21 feet to a point;
667	667	197. South 83°42'53" East, 38.65 feet to a point;
668	668	198. South 53°20'17" East, 54.33 feet to a point;
669	669	199. South 34°41'44" East, 78.36 feet to a point;
670	670	200. South 04°59'36" West, 17.83 feet to a point;
671	671	201. South 75°56'24" West, 26.48 feet to a point;
672	672	202. North 80°06'10" West, 22.44 feet to a point;
673	673	203. South 15°30'22" West, 102.03 feet to a point;
674	674	204. South 77°49'42" West, 77.55 feet to a point;
675	675	205. South 05°43'31" West, 17.16 feet to a point;
676	676	206. South 36°38'48" East, 52.50 feet to a point;
677	677	207. South 22°17'18" West, 18.42 feet to a point;
678	678	208. South 46°04'19" West, 106.13 feet to a point;
679	679	209. South 00°20'40" East, 46.25 feet to a point;
680	680	210. North 86°03'23" East, 65.78 feet to a point;
681	681	211. South 88°15'33" East, 59.39 feet to a point;
682	682	212. South 72°52'21" East, 84.16 feet to a point;
683	683	213. South 22°30'03" East, 31.04 feet to a point;
684	684	214. South 07°37'19" West, 34.13 feet to a point;
685	685	215. South 13°51'28" East, 32.68 feet to a point;
686	686	216. South 42°01'46" East, 82.75 feet to a point;
687	687	217. South 32°57'14" East, 31.07 feet to a point;
688	688	218. South 26°42'20" West, 36.83 feet to a point;
689	689	219. South 51°10'47" West, 104.44 feet to a point;
690	690	220. South 78°09'38" West, 133.44 feet to a point;
691	691	221. North 65°18'54" West, 40.51 feet to a point;
692	692	222. North 20°57'04" West, 19.22 feet to a point;
693	693	223. North 20°58'16" East, 21.54 feet to a point;
694	694	224. North 31°10'24" West, 21.19 feet to a point;
695	695	225. South 86°54'36" West, 98.56 feet to a point;
696	696	226. South 62°17'52" West, 61.48 feet to a point;
697	697	227. South 10°48'36" West, 14.13 feet to a point;
698	698	228. South 68°28'09" West, 146.02 feet to a point;
699	699	229. South 66°50'57" West, 13.98 feet to a point;
700	700	230. South 54°14'31" West, 9.13 feet to a point;
701	701	231. South 28°53'35" West, 47.36 feet to a point;
702	702	232. South 14°53'51" East, 38.67 feet to a point;
703	703	233. South 33°16'15" West, 110.49 feet to a point;
704	704	234. South 25°51'57" West, 87.36 feet to a point;
705	705	235. South 24°40'48" West, 168.46 feet to a point;
706	706	236. South 18°07'49" West, 119.57 feet to a point;
707	707	237. South 07°55'38" West, 73.03 feet to a point;
708	708	238. South 30°22'38" East, 68.89 feet to a point;
709	709	239. South 08°41'13" West, 43.89 feet to a point;
710	710	240. South 20°25'31" West, 64.73 feet to a point;
711	711	241. South 06°48'07" West, 63.29 feet to a point;
712	712	242. South 07°37'07" West, 39.79 feet to a point;
713	713	243. South 28°55'17" West, 36.09 feet to a point;
714	714	244. South 66°13'24" West, 56.17 feet to a point;
715	715	245. South 43°02'27" West, 59.63 feet to a point;
716	716	246. South 13°44'31" West, 6.84 feet to a point in the
717	717	northeast line of Mill Creek Forest as shown on a plat filed for
718	718	record in Volume 5, Page 491 of the Montgomery County Deed Records
719	719	for the most southerly corner of said 881.183 acres and the herein
720	720	described tract;
721	721	THENCE, North 46°43'05" West, departing the centerline
722	722	meanders of said Mill Creek, along the northeast line of said Mill
723	723	Creek Forest, and the southwest line of said 881.183 acres, passing
724	724	a found 1/2-inch iron rod (with cap stamped "Reinke 3971") at 61.41
725	725	feet, continuing for a total distance of 397.79 feet (called
726	726	414.06) to a found 1/2-inch iron rod (with cap stamped "Geomatics
727	727	Inc.") for the north corner of said Mill Creek Forest, and an
728	728	interior corner of said 881.183 acres and the herein described
729	729	tract;
730	730	THENCE, South 43°03'45" West, along the northwest line of said
731	731	Mill Creek Forest and a southeast line of said 881.183 acres,
732	732	passing a found 3/4-inch iron pipe at 104.79 feet, 0.97 feet right,
733	733	continuing for a total distance of 198.18 feet (called 192.78 feet)
734	734	to a set 3/4-inch iron rod (with cap stamped "JonesCarter Property
735	735	Corner") for the east corner of Lot 14, Block 44 of Hazy Hollow East
736	736	Estates Section 7 (an unrecorded subdivision) conveyed to Malcom
737	737	James Johnson by Warranty Deed dated April 5, 1991 and filed for
738	738	record under Clerk's File No. 9230908 of the Montgomery County
739	739	Official Public Records of Real Property, a south corner of said
740	740	881.183 acres and the herein described tract;
741	741	THENCE, departing the northwest line of said Mill Creek
742	742	Forest along the southwest line of said 881.183 acres and the herein
743	743	described tract the following seven (7) courses and distances:
744	744	1. North 47°15'15" West, along the northeast line said
745	745	Hazy Hollow East Estates Section 7, passing a found 3/8-inch iron
746	746	rod at 1321.03 feet, 1.17 feet left, passing a found 1/2-inch iron
747	747	rod at 1429.95 feet, 1.21 feet left, continuing for a total distance
748	748	of 1755.51 feet to an angle point, from which a found 1/2-inch iron
749	749	rod bears North 21°27'43" West 4.22 feet;
750	750	2. North 47°29'30" West, along the northeast line of
751	751	said Hazy Hollow East Estates Section 7 and the northeast line of
752	752	Hazy Hollow East Estates Section 4 (an unrecorded subdivision),
753	753	passing a found 3/8-inch iron rod at 393.30 feet, 1.24 feet right,
754	754	continuing for a total distance of 711.72 feet to a point;
755	755	3. North 47°20'39" West, along the northeast line of
756	756	Hazy Hollow East Estates Section 10 (an unrecorded subdivision),
757	757	passing a found 3/8-inch iron rod at 126.64 feet, 2.16 feet right,
758	758	passing a found 3/8-inch iron rod at 375.33 feet, 1.09 feet right,
759	759	passing a found 3/8-inch iron rod at 499.77 feet, 0.63 feet right,
760	760	continuing for a total distance of 527.41 feet to a point;
761	761	4. North 47°17'20" West, along the northeast line of
762	762	said Hazy Hollow East Estates Section 10, passing a found 5/8-inch
763	763	iron rod at 96.90 feet, 0.38 feet right, a found 1/2-inch iron rod
764	764	(bent) at 289.53 feet, a found 3/8-inch iron rod at 422.16 feet,
765	765	0.24 feet right, a found 1/2-inch iron rod at 554.92 feet, a found
766	766	5/8-inch iron rod at 687.54 feet, a found 3/8-inch iron rod at
767	767	1116.06 feet, 0.31 feet left, a found 3/8-inch iron rod at 1239.11
768	768	feet, 0.41 feet left, a found 3/8-inch iron rod at 1484.87 feet,
769	769	0.98 feet left, a found 3/8-inch iron rod at 1608.04 feet, 1.32 feet
770	770	left, a found 3/8-inch iron rod at 1731.04 feet, 1.21 feet left, a
771	771	found 3/8-inch iron rod at 1854.08 feet, 0.55 feet left, a found
772	772	5/8-inch square iron bar at 1977.47 feet, 0.11 feet right, a found
773	773	5/8-inch square iron bar at 2037.11 feet, 0.36 feet right, a found
774	774	3/8-inch iron rod at 2159.55 feet, 1.03 feet right, a found 1/2-inch
775	775	iron rod (with cap stamped "C&C Surveying") at 2282.80 feet, 0.18
776	776	feet right, a found 1/2-inch iron rod (with cap stamped "C&C
777	777	Surveying") at 2405.70 feet, and a found 3/8-inch iron rod at
778	778	2897.75 feet, 0.13 feet right, continuing for a total distance of
779	779	3015.29 feet to a point;
780	780	5. North 47°22'30" West, along the northeast line of
781	781	Hazy Hollow East Estates Section 11 (an unrecorded subdivision),
782	782	passing a found 3/8-inch iron rod at 5.37 feet, 2.20 feet left, a
783	783	found 3/8-inch iron rod at 128.11 feet, 3.14 feet left, a found
784	784	3/8-inch iron rod at 251.00 feet, 3.59 feet left, a found 3/8-inch
785	785	iron rod at 373.97 feet, 3.79 feet left, a found 3/8-inch iron rod
786	786	at 496.74 feet, 3.70 feet left, a found 3/8-inch iron rod at 619.44
787	787	feet, 3.76 feet left, a found 3/8-inch iron rod at 743.26 feet,
788	788	1.81 feet left, and a found 3/8-inch iron rod at 988.51 feet, 0.13
789	789	feet left, continuing for a total distance of 1784.65 feet to a
790	790	found 1/2-inch iron rod for the north corner of said Hazy Hollow
791	791	East Estates Section 11 and the east corner of Greentree Forest
792	792	Estates (an unrecorded subdivision);
793	793	6. North 47°01'59" West, along the northeast line of
794	794	said Greentree Forest Estates, passing a found 1/2-inch iron rod at
795	795	354.40 feet, passing a found 5/8-inch iron rod at 414.22 feet,
796	796	continuing for a total distance of 498.04 feet to a found 3-1/2-inch
797	797	iron pipe;
798	798	7. North 47°36'37" West, 270.64 feet (called 270.76
799	799	feet) to the POINT OF BEGINNING, CONTAINING 842.23 acres of land in
800	800	Montgomery County, Texas, as shown on drawing number 9630-A.
801	801	SECTION 3. (a) The legal notice of the intention to
802	802	introduce this Act, setting forth the general substance of this
803	803	Act, has been published as provided by law, and the notice and a
804	804	copy of this Act have been furnished to all persons, agencies,
805	805	officials, or entities to which they are required to be furnished
806	806	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
807	807	Government Code.
808	808	(b) The governor, one of the required recipients, has
809	809	submitted the notice and Act to the Texas Commission on
810	810	Environmental Quality.
811	811	(c) The Texas Commission on Environmental Quality has filed
812	812	its recommendations relating to this Act with the governor, the
813	813	lieutenant governor, and the speaker of the house of
814	814	representatives within the required time.
815	815	(d) All requirements of the constitution and laws of this
816	816	state and the rules and procedures of the legislature with respect
817	817	to the notice, introduction, and passage of this Act are fulfilled
818	818	and accomplished.
819	819	SECTION 4. (a) If this Act does not receive a two-thirds
820	820	vote of all the members elected to each house, Subchapter C, Chapter
821	821	7974, Special District Local Laws Code, as added by Section 1 of
822	822	this Act, is amended by adding Section 7974.107 to read as follows:
823	823	Sec. 7974.107. NO EMINENT DOMAIN POWER. The district may
824	824	not exercise the power of eminent domain.
825	825	(b) This section is not intended to be an expression of a
826	826	legislative interpretation of the requirements of Section 17(c),
827	827	Article I, Texas Constitution.
828	828	SECTION 5. This Act takes effect immediately if it receives
829	829	a vote of two-thirds of all the members elected to each house, as
830	830	provided by Section 39, Article III, Texas Constitution. If this
831	831	Act does not receive the vote necessary for immediate effect, this
832	832	Act takes effect September 1, 2017.
833	833	* * * * *