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Texas House Bill HB4713

Texas 2019 - 86th Regular

Texas House Bill HB4713 Compare Versions

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11 86R15961 BRG-F
22 By: Bell of Montgomery H.B. No. 4713
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the creation of the Magnolia Woods Municipal Utility
88 District No. 1; granting a limited power of eminent domain;
99 providing authority to issue bonds; providing authority to impose
1010 assessments, fees, and taxes.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Subtitle F, Title 6, Special District Local Laws
1313 Code, is amended by adding Chapter 8257 to read as follows:
1414 CHAPTER 8257. MAGNOLIA WOODS MUNICIPAL UTILITY DISTRICT NO. 1
1515 SUBCHAPTER A. GENERAL PROVISIONS
1616 Sec. 8257.0101. DEFINITIONS. In this chapter:
1717 (1) "Board" means the district's board of directors.
1818 (2) "Commission" means the Texas Commission on
1919 Environmental Quality.
2020 (3) "Director" means a board member.
2121 (4) "District" means the Magnolia Woods Municipal
2222 Utility District No. 1.
2323 Sec. 8257.0102. NATURE OF DISTRICT. The district is a
2424 municipal utility district created under Section 59, Article XVI,
2525 Texas Constitution.
2626 Sec. 8257.0103. CONFIRMATION AND DIRECTOR ELECTION
2727 REQUIRED. The temporary directors shall hold an election to
2828 confirm the creation of the district and to elect five permanent
2929 directors as provided by Section 49.102, Water Code.
3030 Sec. 8257.0104. CONSENT OF MUNICIPALITY REQUIRED. The
3131 temporary directors may not hold an election under Section
3232 8257.0103 until each municipality in whose corporate limits or
3333 extraterritorial jurisdiction the district is located has
3434 consented by ordinance or resolution to the creation of the
3535 district and to the inclusion of land in the district.
3636 Sec. 8257.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
3737 (a) The district is created to serve a public purpose and benefit.
3838 (b) The district is created to accomplish the purposes of:
3939 (1) a municipal utility district as provided by
4040 general law and Section 59, Article XVI, Texas Constitution; and
4141 (2) Section 52, Article III, Texas Constitution, that
4242 relate to the construction, acquisition, improvement, operation,
4343 or maintenance of macadamized, graveled, or paved roads, or
4444 improvements, including storm drainage, in aid of those roads.
4545 Sec. 8257.0106. INITIAL DISTRICT TERRITORY. (a) The
4646 district is initially composed of the territory described by
4747 Section 2 of the Act enacting this chapter.
4848 (b) The boundaries and field notes contained in Section 2 of
4949 the Act enacting this chapter form a closure. A mistake made in the
5050 field notes or in copying the field notes in the legislative process
5151 does not affect the district's:
5252 (1) organization, existence, or validity;
5353 (2) right to issue any type of bond for the purposes
5454 for which the district is created or to pay the principal of and
5555 interest on a bond;
5656 (3) right to impose a tax; or
5757 (4) legality or operation.
5858 SUBCHAPTER B. BOARD OF DIRECTORS
5959 Sec. 8257.0201. GOVERNING BODY; TERMS. (a) The district is
6060 governed by a board of five elected directors.
6161 (b) Except as provided by Section 8257.0202, directors
6262 serve staggered four-year terms.
6363 Sec. 8257.0202. TEMPORARY DIRECTORS. (a) The temporary
6464 board consists of:
6565 (1) Paul West;
6666 (2) Lisa Belus;
6767 (3) Ashley Bird;
6868 (4) Craig Lobel; and
6969 (5) Ty Hunter Fox.
7070 (b) Temporary directors serve until the earlier of:
7171 (1) the date permanent directors are elected under
7272 Section 8257.0103; or
7373 (2) the fourth anniversary of the effective date of
7474 the Act enacting this chapter.
7575 (c) If permanent directors have not been elected under
7676 Section 8257.0103 and the terms of the temporary directors have
7777 expired, successor temporary directors shall be appointed or
7878 reappointed as provided by Subsection (d) to serve terms that
7979 expire on the earlier of:
8080 (1) the date permanent directors are elected under
8181 Section 8257.0103; or
8282 (2) the fourth anniversary of the date of the
8383 appointment or reappointment.
8484 (d) If Subsection (c) applies, the owner or owners of a
8585 majority of the assessed value of the real property in the district
8686 may submit a petition to the commission requesting that the
8787 commission appoint as successor temporary directors the five
8888 persons named in the petition. The commission shall appoint as
8989 successor temporary directors the five persons named in the
9090 petition.
9191 SUBCHAPTER C. POWERS AND DUTIES
9292 Sec. 8257.0301. GENERAL POWERS AND DUTIES. The district
9393 has the powers and duties necessary to accomplish the purposes for
9494 which the district is created.
9595 Sec. 8257.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
9696 DUTIES. The district has the powers and duties provided by the
9797 general law of this state, including Chapters 49 and 54, Water Code,
9898 applicable to municipal utility districts created under Section 59,
9999 Article XVI, Texas Constitution.
100100 Sec. 8257.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
101101 52, Article III, Texas Constitution, the district may design,
102102 acquire, construct, finance, issue bonds for, improve, operate,
103103 maintain, and convey to this state, a county, or a municipality for
104104 operation and maintenance macadamized, graveled, or paved roads, or
105105 improvements, including storm drainage, in aid of those roads.
106106 Sec. 8257.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
107107 road project must meet all applicable construction standards,
108108 zoning and subdivision requirements, and regulations of each
109109 municipality in whose corporate limits or extraterritorial
110110 jurisdiction the road project is located.
111111 (b) If a road project is not located in the corporate limits
112112 or extraterritorial jurisdiction of a municipality, the road
113113 project must meet all applicable construction standards,
114114 subdivision requirements, and regulations of each county in which
115115 the road project is located.
116116 (c) If the state will maintain and operate the road, the
117117 Texas Transportation Commission must approve the plans and
118118 specifications of the road project.
119119 Sec. 8257.0305. COMPLIANCE WITH MUNICIPAL CONSENT
120120 ORDINANCE OR RESOLUTION. The district shall comply with all
121121 applicable requirements of any ordinance or resolution that is
122122 adopted under Section 54.016 or 54.0165, Water Code, and that
123123 consents to the creation of the district or to the inclusion of land
124124 in the district.
125125 Sec. 8257.0306. DIVISION OF DISTRICT. (a) The district may
126126 be divided into two or more new districts only if the district:
127127 (1) has never issued any bonds; and
128128 (2) is not imposing ad valorem taxes.
129129 (b) This chapter applies to any new district created by the
130130 division of the district, and a new district has all the powers and
131131 duties of the district.
132132 (c) A new district created by the division of the district
133133 may not, at the time the new district is created, contain any land
134134 outside the area described by Section 2 of the Act enacting this
135135 chapter.
136136 (d) The board, on its own motion or on receipt of a petition
137137 signed by the owner or owners of a majority of the assessed value of
138138 the real property in the district, may adopt an order dividing the
139139 district.
140140 (e) The board may adopt an order dividing the district
141141 before or after the date the board holds an election under Section
142142 8257.0103 to confirm the district's creation.
143143 (f) An order dividing the district shall:
144144 (1) name each new district;
145145 (2) include the metes and bounds description of the
146146 territory of each new district;
147147 (3) appoint temporary directors for each new district;
148148 and
149149 (4) provide for the division of assets and liabilities
150150 between or among the new districts.
151151 (g) On or before the 30th day after the date of adoption of
152152 an order dividing the district, the district shall file the order
153153 with the commission and record the order in the real property
154154 records of each county in which the district is located.
155155 (h) A new district created by the division of the district
156156 shall hold a confirmation and directors' election as required by
157157 Section 8257.0103.
158158 (i) If the creation of the new district is confirmed, the
159159 new district shall provide the election date and results to the
160160 commission.
161161 (j) Any new district created by the division of the district
162162 must hold an election as required by this chapter to obtain voter
163163 approval before the district may impose a maintenance tax or issue
164164 bonds payable wholly or partly from ad valorem taxes.
165165 (k) Municipal consent to the creation of the district and to
166166 the inclusion of land in the district granted under Section
167167 8257.0104 acts as municipal consent to the creation of any new
168168 district created by the division of the district and to the
169169 inclusion of land in the new district.
170170 SUBCHAPTER D. DEFINED AREAS
171171 Sec. 8257.0401. AUTHORITY TO ESTABLISH DEFINED AREAS OR
172172 DESIGNATED PROPERTY. The district may define areas or designate
173173 certain property of the district to pay for improvements,
174174 facilities, or services that primarily benefit that area or
175175 property and do not generally and directly benefit the district as a
176176 whole.
177177 Sec. 8257.0402. PROCEDURE FOR ELECTION. (a) Before the
178178 district may impose an ad valorem tax applicable only to the defined
179179 area or designated property or issue bonds payable from ad valorem
180180 taxes of the defined area or designated property, the board shall
181181 hold an election in the defined area or designated property only.
182182 (b) The board may submit the proposition to the voters on
183183 the same ballot to be used in another election.
184184 Sec. 8257.0403. DECLARING RESULT AND ISSUING ORDER. (a) If
185185 a majority of the voters voting at the election held under Section
186186 8257.0402 approve the proposition or propositions, the board shall
187187 declare the results and, by order, shall establish the defined area
188188 or designated property and describe it by metes and bounds or
189189 designate the specific area or property.
190190 (b) A court may not review the board's order except on the
191191 ground of fraud, palpable error, or arbitrary and confiscatory
192192 abuse of discretion.
193193 Sec. 8257.0404. TAXES FOR SERVICES, IMPROVEMENTS, AND
194194 FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter
195195 approval and adoption of the order described by Section 8257.0403,
196196 the district may apply separately, differently, equitably, and
197197 specifically its taxing power and lien authority to the defined
198198 area or designated property to provide money to construct,
199199 administer, maintain, and operate services, improvements, and
200200 facilities that primarily benefit the defined area or designated
201201 property.
202202 Sec. 8257.0405. ISSUANCE OF BONDS FOR DEFINED AREA OR
203203 DESIGNATED PROPERTY. After the order under Section 8257.0403 is
204204 adopted, the district may issue bonds to provide for any land,
205205 improvements, facilities, plants, equipment, and appliances for
206206 the defined area or designated property.
207207 SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
208208 Sec. 8257.0501. ELECTIONS REGARDING TAXES OR BONDS. (a)
209209 The district may issue, without an election, bonds and other
210210 obligations secured by:
211211 (1) revenue other than ad valorem taxes; or
212212 (2) contract payments described by Section 8257.0503.
213213 (b) The district must hold an election in the manner
214214 provided by Chapters 49 and 54, Water Code, to obtain voter approval
215215 before the district may impose an ad valorem tax or issue bonds
216216 payable from ad valorem taxes.
217217 (c) The district may not issue bonds payable from ad valorem
218218 taxes to finance a road project unless the issuance is approved by a
219219 vote of a two-thirds majority of the district voters voting at an
220220 election held for that purpose.
221221 Sec. 8257.0502. OPERATION AND MAINTENANCE TAX. (a) If
222222 authorized at an election held under Section 8257.0501, the
223223 district may impose an operation and maintenance tax on taxable
224224 property in the district in accordance with Section 49.107, Water
225225 Code.
226226 (b) The board shall determine the tax rate. The rate may not
227227 exceed the rate approved at the election.
228228 Sec. 8257.0503. CONTRACT TAXES. (a) In accordance with
229229 Section 49.108, Water Code, the district may impose a tax other than
230230 an operation and maintenance tax and use the revenue derived from
231231 the tax to make payments under a contract after the provisions of
232232 the contract have been approved by a majority of the district voters
233233 voting at an election held for that purpose.
234234 (b) A contract approved by the district voters may contain a
235235 provision stating that the contract may be modified or amended by
236236 the board without further voter approval.
237237 SUBCHAPTER F. BONDS AND OTHER OBLIGATIONS
238238 Sec. 8257.0601. AUTHORITY TO ISSUE BONDS AND OTHER
239239 OBLIGATIONS. The district may issue bonds or other obligations
240240 payable wholly or partly from ad valorem taxes, impact fees,
241241 revenue, contract payments, grants, or other district money, or any
242242 combination of those sources, to pay for any authorized district
243243 purpose.
244244 Sec. 8257.0602. TAXES FOR BONDS. At the time the district
245245 issues bonds payable wholly or partly from ad valorem taxes, the
246246 board shall provide for the annual imposition of a continuing
247247 direct ad valorem tax, without limit as to rate or amount, while all
248248 or part of the bonds are outstanding as required and in the manner
249249 provided by Sections 54.601 and 54.602, Water Code.
250250 Sec. 8257.0603. BONDS FOR ROAD PROJECTS. At the time of
251251 issuance, the total principal amount of bonds or other obligations
252252 issued or incurred to finance road projects and payable from ad
253253 valorem taxes may not exceed one-fourth of the assessed value of the
254254 real property in the district.
255255 SECTION 2. The Magnolia Woods Municipal Utility District
256256 No. 1 initially includes all the territory contained in the
257257 following area:
258258 TRACT ONE:
259259 Description of a 4,286.698 acre tract of land, Save and
260260 Except a 0.057 acre tract described in Warranty Deed to
261261 Lufkin-Conroe Telephone Exchange recorded under Montgomery County
262262 Clerk's File Number 9556511, out of the called 4,300.288 acre tract
263263 described in Special Warranty Deed from BST Timberlands of Texas to
264264 Woodard Ranch West, LP, recorded under Montgomery County Clerk's
265265 File Number 2005-064857 and also out of the tracts described in
266266 Special Warranty Deed to Magnolia Timber Partners, LP recorded
267267 under Volume 553, Page 001 of the Deed Records of Waller County
268268 Texas, Volume 849, Page 205 of the Deed Records of Grimes County,
269269 Texas, and Montgomery County Clerk's File Number 968009; and
270270 located in the Joseph C. Ferguson Survey, Abstract 221, Montgomery
271271 County, Alexander Robblis Survey, Abstract 464, Montgomery County
272272 and Abstract 400, Grimes County, H. M. Bullock Survey, Abstract 96,
273273 Grimes County, Robert Elgin Survey, Abstract 199, Montgomery
274274 County, R. O. Lusk Survey, Abstract 312, Montgomery County, and
275275 Abstract 299 Grimes County James M. Hamm Survey, Abstract 263,
276276 Montgomery County, James Pierpont Survey, Abstract 426, Montgomery
277277 County, Robert Watson Survey, Abstract 605, Montgomery County and
278278 Abstract 271, Waller County, and also located in Grimes County,
279279 Waller County, and Montgomery County, Texas and more particularly
280280 described as follows:
281281 BEGINNING at a 5/8 inch iron rod with cap marked "Carter &
282282 Burgess" set in the west right-of-way of FM 1774 (100.0 feet wide
283283 per Volume 219, Page 423, Volume 252, Page 343, Volume 252, Page
284284 344, Volume 257, Page 71, Volume 254, Page 556, Volume 215, Page
285285 512, and Volume 218, Page 2 of Montgomery County Deed Records) and
286286 in the north line of said Woodard Ranch West, LP tract and the south
287287 line of the called 1,995.300 acre tract described in Special
288288 Warranty Deed to the Charles Eugene Campbell Marital Trust recorded
289289 under Montgomery County Clerk's File Number 2004-058220;
290290 THENCE South 02 Degrees 34 Minutes 58 Seconds East, with west
291291 right-of-way line of FM 1486, a distance of 3459.57 feet to a set
292292 5/8 inch iron rod with rap marked "Carter & Burgess";
293293 THENCE South 03 Degrees 11 Minutes 11 Seconds East,
294294 continuing with the west right-of-way line of FM 1486, a distance of
295295 2100.08 feet to a 5/8 inch iron rod with cap marked "Carter &
296296 Burgess" set for the northeast corner of a called 30.7877 acre tract
297297 described in deed to Tim Halfin recorded under Montgomery County
298298 Clerk's File Number 9868341;
299299 THENCE South 02 Degrees 34 Minutes 20 Seconds East,
300300 continuing with the west right-of-way line of FM 1486, a distance of
301301 551.60 feet to a 5/8 inch iron rod with rap marked "Carter &
302302 Burgess" set for corner;
303303 THENCE South 87 Degrees 03 Minutes 39 Seconds West, with the
304304 north line of said Tim Halfin tract and the south line of said
305305 Woodard Ranch West, LP tract, at a distance of 4.17 feet passing a
306306 rod in concrete, a total distance of 1433.74 feet to a 1 inch iron
307307 pipe found for the northwest corner of said Rim Halfin tract and a
308308 corner of said Woodard Ranch West, LP tract;
309309 THENCE South 02 Degrees 57 Minutes 58 Seconds East, with the
310310 west line of the said Jack Halfin tract, the west line of the called
311311 7.50 acre tract described in deed to Robert Mautz recorded under
312312 Montgomery County Clerk's File Number 9895592, the west line of the
313313 called 5.00 acre tract described in deed to Fred Muzkya recorded
314314 under Montgomery County Clerk's File Number 99074582, the west line
315315 of the called 10 acre tract described in deed to Fred Muyzka
316316 recorded under Montgomery County Clerk's File Number 99074581, the
317317 west line of the called 10.00 acre tract described in deed to David
318318 McDonald recorded under Montgomery County Clerk File Number
319319 9812063, and the west line of the called 60.80 acre tract described
320320 in deed to Brenda Smith recorded under Montgomery County Clerk's
321321 File Number 8005582, and the east line of said Woodard Ranch West,
322322 LP tract, a distance of 3750.82 feet to a bolt in concrete found for
323323 the northwest corner of said Brenda Smith tract and a corner of said
324324 Woodard Ranch West, LP tract;
325325 THENCE North 87 Degrees 05 Minutes 09 Seconds East, with the
326326 south line of said Brenda Smith tract and the north line of said
327327 Woodard Ranch West, LP tract, at a distance of 1411.99 feet passing
328328 a found concrete monument, a total distance of 1416.40 feet to a 5/8
329329 inch iron rod with cap marked "Carter & Burgess" set for corner in
330330 the west right-of-way line of FM 1486;
331331 THENCE South 02 Degrees 44 Minutes 42 Seconds East, with the
332332 west right-of-way line of FM 1486, a distance of 196.91 feet to a
333333 5/8 inch iron rod with cap marked "Carter & Burgess" set for corner;
334334 THENCE South 02 Degrees 56 Minutes 32 Seconds East, with the
335335 west right-of-way line of FM 1486, a distance of 1741.20 feet to a
336336 5/8 inch iron rod with cap masked "Carter& Burgess" set for the
337337 northeast corner of the called 10.00 acre tract described in deed to
338338 Magnolia Independent School District recorded under Montgomery
339339 County Clerk's File Number 9350680;
340340 THENCE South 87 Degrees 11 Minutes 27 Seconds West, with the
341341 north line of said Magnolia Independent School District tract and
342342 the south line of said Woodard Ranch West, LP tract, a distance of
343343 661.95 feet to a 5/8 inch iron rod with cap found for the northwest
344344 corner of said Magnolia Independent School District;
345345 THENCE South 02 Degrees 48 Minutes 41 Seconds East, with the
346346 west line of said Magnolia Independent School District tract and
347347 the east line of said Woodard Ranch West, LP tract, a distance of
348348 660.21, feet to a 5/8 inch iron rod with cap found for the southwest
349349 corner of said Magnolia Independent School District tract;
350350 THENCE North 87 Degrees 10 Minutes 30 Seconds East, with the
351351 south line of said Magnolia Independent School District tract and
352352 the north line of said Woodard Ranch West, LP tract, a distance of
353353 663.46 feet to a 5/8 inch iron rod with cap marked "Carter &
354354 Burgess" act in the west right-of-way line of FM 1486;
355355 THENCE South 02 Degrees 56 Minutes 32 Seconds East, with the
356356 west right-of-way line of FM 1486, a distance of 1510.35 feet to a
357357 set 5/8 inch iron rod with cap marked "Carter& Burgess";
358358 THENCE South 01 Degrees 35 Minutes 42 Seconds East,
359359 continuing with the west right-of-way line of FM 1486, a distance of
360360 755.41 feet to a point in the center of Mill Creek;
361361 THENCE with the center of Mill Creek the following calls:
362362 North 66 Degrees 29 Minutes 42 Seconds West, a distance of 153
363363 feet;
364364 North 47 Degrees 03 Minutes 46 Seconds West, a distance of
365365 25.15 feet;
366366 North 15 Degrees 23 Minutes 49 Seconds West, a distance of
367367 34.41 feet;
368368 North 50 Degrees 04 Minutes 47 Seconds West, a distance of
369369 42.44 feet;
370370 North 69 Degrees 33 Minutes 31 Seconds West a distance 53.78
371371 feet;
372372 North 51 Degrees 00 Minutes 58 Seconds West, a distance of
373373 148.95 feet;
374374 North 21 Degrees 18 Minutes 25 Seconds West, a distance of
375375 69.98 feet;
376376 South 74 Degrees 51 Minutes 13 Seconds West, a distance of
377377 120.60 feet;
378378 North 41 Degrees 09 Minutes 02 Seconds West, a distance of
379379 46.98 feet;
380380 North 21 Degrees 20 Minutes 56 Seconds West, a distance of
381381 117.72 feet;
382382 North 50 Degrees 52 Minutes 08 Seconds West, a distance of
383383 74.60 feet;
384384 North 24 Degrees 19 Minutes 33 Seconds West, a distance of
385385 53.22 feet;
386386 North 87 Degrees 17 Minutes 11 Seconds West, a distance 46.99
387387 feet;
388388 South 69 Degrees 05 Minutes 22 Seconds West, a distance of
389389 180.84 feet;
390390 South 43 Degrees 04 Minutes 37 Seconds West, a distance of
391391 126.16 feet;
392392 South 74 Degrees 00 Minutes 22 Seconds West, a distance of
393393 56.30 feet;
394394 South 83 Degrees 01 Minutes 41 Seconds West, a distance of
395395 110.13 feet;
396396 South 76 Degrees 38 Minutes 10 Seconds West, a distance of
397397 52.88 feet,
398398 North 50 Degrees 24 Minutes 09 Seconds West, a distance of
399399 125.15 feet;
400400 North 74 Degrees 07 Minutes 57 Seconds West, a distance of
401401 104.06 feet,
402402 North 48 Degrees 05 Minutes 58 Seconds West, a distance of
403403 76.65 feet;
404404 North 58 Degrees 18 Minutes 08 Seconds West, a distance of
405405 111.05 feet;
406406 North 86 Degrees 46 Minutes 10 Seconds West, a distance of
407407 32.03 feet;
408408 South 12 Degrees 23 Minutes 06 Seconds West, a distance of
409409 95.06 feet;
410410 South 54 Degrees 16 Minutes 54 Seconds West, a distance of
411411 67.33 feet;
412412 South 18 Degrees 21 Minutes 22 Seconds West; a distance of
413413 72.49 feet;
414414 North 84 Degrees 12 Minutes 58 Seconds West, a distance of
415415 94.80 feet;
416416 South 70 Degrees 02 Minutes 40 Seconds West, a distance of
417417 148.00 feet;
418418 North 19 Degrees 36 Minutes 03 Seconds West, a distance of
419419 23.54 feet;
420420 North 0 Degrees 13 Minutes 43 Seconds West, a distance of
421421 60.16 feet;
422422 North 55 Degrees 29 Minutes 43 Seconds West, a distance of
423423 46.99 feet;
424424 South 81 Degrees 09 Minutes 48 Seconds West, a distance of
425425 55.26 feet;
426426 South 54 Degrees 46 Minutes 58 Seconds West, a distance of
427427 160.79 feet;
428428 South 46 Degrees 36 Minutes 18 Seconds West, a distance of
429429 71.94 feet;
430430 North 88 Degrees 40 Minutes 16 Seconds West, a distance of
431431 68.48 feet;
432432 South 3 Degrees 03 Minutes 49 Seconds East a distance of
433433 103.80 feet;
434434 South 58 Degrees 10 Minutes 14 Seconds West, a distance of
435435 99.77 feet;
436436 North 69 Degrees 43 Minutes 47 Seconds West, a distance of
437437 111.89 feet;
438438 North 5 Degrees 02 Minutes 25 Seconds West; a distance of
439439 142.38 feet;
440440 North 39 Degrees 45 Minutes 16 Seconds West a distance of
441441 17.27 feet;
442442 North 38 Degrees 58 Minutes 20 Seconds West, a distance of
443443 20.56 feet;
444444 South 72 Degrees 58 Minutes 37 Seconds West, a distance of
445445 107.26 feet,
446446 North 35 Degrees 30 Minutes 48 Seconds West, a distance of
447447 52.44 feet;
448448 North 75 Degrees 00 Minutes 07 Seconds East; a distance of
449449 44.76 feet;
450450 North 49 Degrees 16 Minutes 57 Seconds West, a distance of
451451 76.44 feet;
452452 South 76 Degrees 18 Minutes 51 Seconds West, a distance of
453453 124.20 feet;
454454 North 79 Degrees 16 Minutes 32 Seconds West, a distance of
455455 163.51 feet;
456456 South 51 Degrees 38 Minutes 22 Seconds West, a distance of
457457 65.74 feet,
458458 South 59 Degrees 16 Minutes 59 Seconds East, a distance of
459459 87.74 feet;
460460 South 62 Degrees 51 Minutes 02 Seconds West, a distance of
461461 105.40 feet;
462462 South 86 Degrees 13 Minutes 08 Seconds West, a distance of
463463 127.37 feet;
464464 North 59 Degrees 15 Minutes 27 Seconds West, a distance of
465465 20.51 feet;
466466 North 12 Degrees 05 Minutes 23 Seconds East, a distance of
467467 42.25 feet;
468468 North 66 Degrees 09 Minutes 22 Seconds West, a distance of
469469 45.72 feet;
470470 South 75 Degrees 11 Minutes 42 Seconds West, a distance of
471471 98.33 feet;
472472 South 30 Degrees 35 Minutes 00 Seconds West, a distance of
473473 152.59 feet;
474474 South 6 Degrees 03 Minutes 19 Seconds East, a distance of
475475 32.22 feet;
476476 South 31 Degrees 53 Minutes 33 Seconds East, a distance of
477477 101.56 feet;
478478 South 55 Degrees 27 Minutes 10 Seconds East, a distance of
479479 105.07 feet;
480480 South 33 Degrees 52 Minutes 46 Seconds West, a distance of
481481 68.75 feet;
482482 South 78 Degrees 25 Minutes 54 Seconds West, a distance of
483483 207.12 feet;
484484 North 84 Degrees 39 Minutes 12 Seconds a distance of 159.86
485485 feet;
486486 North 18 Degrees 00 Minutes 22 Seconds West, a distance of
487487 92.87 feet;
488488 North 35 Degrees 15 Minutes 57 Seconds East, a distance of
489489 85.03 feet;
490490 North 33 Degrees 03 Minutes 10 Seconds West, a distance of
491491 135.81 feet;
492492 North 36 Degrees 04 Minutes 39 Seconds East, a distance of
493493 78.18 feet;
494494 North 33 Degrees 09 Minutes 02 Seconds West, a distance of
495495 95.91 feet;
496496 North 84 Degrees 40 Minutes 30 Seconds West, a distance of
497497 210.32 feet;
498498 South 51 Degrees 35 Minutes 52 Seconds West, a distance of
499499 36.19 feet;
500500 South 50 Degrees 27 Minutes 50 Seconds East, a distance of
501501 33.36 feet;
502502 North 63 Degrees 52 Minutes 38 Seconds East, a distance of 22.
503503 30 feet;
504504 South 15 Degrees 55 Minutes 37 Seconds East, a distance of
505505 37.13 feet;
506506 South 47 Degrees 10 Minutes 49 Seconds West, a distance of
507507 48.72 feet;
508508 South 86 Degrees 10 Minutes 28 Seconds West, a distance of
509509 167.22 feet;
510510 South 52 Degrees 25 Minutes 53 Seconds West, a distance of
511511 246.19 feet;
512512 South 40 Degrees 38 Minutes 57 Seconds West, a distance of
513513 74.90 feet;
514514 North 74 Degrees 19 Minutes 02 Seconds West, a distance of
515515 92.79 feet;
516516 South 69 Degrees 10 Minutes 55 Seconds West, a distance of
517517 66.48 feet;
518518 North 48 Degrees 06 Minutes 52 Seconds West, a distance of
519519 60.65 feet;
520520 South 72 Degrees 19 Minutes 16 Seconds West, a distance of
521521 30.00 feet;
522522 South 2 Degrees 12 Minutes 42 Seconds East, a distance of
523523 54.18 feet;
524524 South 30 Degrees 24 Minutes 19 Seconds West, a distance of
525525 70.78 feet;
526526 South 66 Degrees 36 Minutes 03 Seconds West, a distance of
527527 147.99 feet;
528528 North 59 Degrees 24 Minutes 18 Seconds West, a distance of
529529 64.04 feet;
530530 North 81 Degrees 46 Minutes 49 Seconds West, a distance of
531531 149.37 feet;
532532 North 52 Degrees 20 Minutes 57 Seconds West, a distance of
533533 89.40 feet;
534534 South 89 Degrees 42 Minutes 29 Seconds West, a distance of
535535 53.97 feet;
536536 South 29 Degrees 38 Minutes 45 Seconds West, a distance of
537537 206.94 feet;
538538 South 54 Degrees 20 Minutes 53 Seconds West, a distance of
539539 99.96 feet;
540540 South 37 Degrees 00 Minutes 20 Seconds West, a distance of
541541 183.95 feet;
542542 South 7 Degrees 16 Minutes 40 Seconds East, a distance of
543543 66.68 feet;
544544 South 18 Degrees 37 Minutes 13 Seconds West, a distance of
545545 145.00 feet;
546546 South 50 Degrees 55 Minutes 33 Seconds West a distance of
547547 50.37 feet;
548548 South 81 Degrees 25 Minutes 05 Seconds West, a distance of
549549 117.81. feet;
550550 South 43 Degrees 33 Minutes 33 Seconds West, a distance of
551551 214.19 feet;
552552 South 55 Degrees 56 Minutes 20 Seconds West, a distance of
553553 199.82 feet;
554554 North 86 Degrees 30 Minutes 30 Seconds West, a distance of
555555 66.04 feet;
556556 North 39 Degrees 31 Minutes 13 Seconds West, a distance of
557557 73.41 feet,
558558 North 24 Degrees 35 Minutes 20 Seconds West, a distance of
559559 20.52 feet;
560560 North 64 Degrees 12 Minutes 02 Seconds West, a distance of
561561 197.24 feet;
562562 North 42 Degrees 28 Minutes 22 Seconds West, a distance of
563563 185.27 feet;
564564 North 5 Degrees 07 Minutes 35 Seconds East, a distance of
565565 75.65 feet;
566566 North 19 Degrees 31 Minutes 28 Seconds West, a distance of
567567 44.62 feet;
568568 North 0 Degrees 27 Minutes 51 Seconds East, a distance of
569569 239.11 feet;
570570 North 27 Degrees 30 Minutes 15 Seconds East, a distance of
571571 83.52 feet;
572572 North 60 Degrees 50 Minutes 32 Seconds West, a distance of
573573 69.65 feet;
574574 South 79 Degrees 21 Minutes 19 Seconds West, a distance of
575575 191.59 feet;
576576 North 51 Degrees 02 Minutes 23 Seconds West, a distance of
577577 107.06 feet;
578578 North 13 Degrees 38 Minutes 34 Seconds West, a distance of
579579 156.05 feet;
580580 North 48 Degrees 55 Minutes 46 Seconds West, a distance of
581581 390.43 feet;
582582 North 36 Degrees 13 Minutes 39 Seconds West, a distance of
583583 166.29 feet;
584584 North 89 Degrees 35 Minutes 57 Seconds West, a distance of
585585 45.71 feet,
586586 South 61 Degrees 51 Minutes 40 Seconds West, a distance of
587587 198.79 feet;
588588 South 30 Degrees 04 Minutes 49 Seconds West, a distance of
589589 36.09 feet;
590590 South 20 Degrees 11 Minutes 29 Seconds East, a distance of
591591 96.61 feet;
592592 South 6 Degrees 08 Minutes 11 Seconds East, a distance of
593593 174.03 feet;
594594 South 7 Degrees 28 Minutes 44 Seconds West, a distance of
595595 106.64 feet,
596596 South 27 Degrees 41 Minutes 51 Seconds West, a distance of
597597 131.32 feet;
598598 South 4 Degrees 34 Minutes 07 Seconds West, a distance of
599599 152.56 feet;
600600 South 24 Degrees 50 Minutes 38 Seconds West, a distance of
601601 324.10 feet;
602602 North 62 Degrees 01 Minutes 07 Seconds West, a distance of
603603 59.93 feet;
604604 South 63 Degrees 06 Minutes 40 Seconds West, a distance of
605605 55.18 feet;
606606 South 11 Degrees 19 Minutes 06 Seconds West, a distance of
607607 17.89 feet;
608608 North 84 Degrees 39 Minutes 41 Seconds West, a distance of
609609 15.53 feet;
610610 South 27 Degrees 40 Minutes 44 Seconds West, a distance of
611611 52.50 feet;
612612 South 54 Degrees 48 Minutes 46 Seconds West, a distance of
613613 163.39 feet;
614614 South 1 degree 53 Minutes 56 Seconds East, a distance of 74.20
615615 feet;
616616 South 25 Degrees 46 Minutes 31 Seconds West; a distance of
617617 41.01 feet;
618618 South 43 Degrees 04 Minutes 41 Seconds West, a distance of
619619 153.67 feet;
620620 South 65 Degrees 24 Minutes 42 Seconds West, a distance of
621621 152.12 feet;
622622 South 85 Degrees 45 Minutes 56 Seconds West, a distance of
623623 59.54 feet;
624624 North 60 Degrees 55 Minutes 21 Seconds West, a distance of
625625 68.90 feet;
626626 North 14 Degrees 20 Minutes 24 Seconds West, a distance of
627627 145.46 feet;
628628 North 37 Degrees 47 Minutes 55 Seconds West, a distance of
629629 91.94 feet;
630630 North 17 Degrees 32 Minutes 20 Seconds West, a distance of
631631 83.43 feet;
632632 North 49 Degrees 24 Minutes 51 Seconds West; a distance of
633633 71.33 feet;
634634 North 15 Degrees 47 Minutes 09 Seconds West, a distance of
635635 79.77 feet;
636636 North 44 Degrees 54 Minutes 58 Seconds West, a distance of
637637 149.26 feet;
638638 South 78 Degrees 48 Minutes 22 Seconds West, a distance of
639639 104.91 feet;
640640 THENCE North 76 Degrees 24 Minutes 51 Seconds West; with the
641641 center of Mill Creek, a distance of 90.78 feet to the northwest
642642 corner of the called 73.594 acre tract described in deed to Ruel
643643 Sanders recorded under Volume 679 Page 212 of the Deed Records of
644644 Montgomery County;
645645 THENCE South 3 Degrees 17 Minutes 07 Seconds East, with the
646646 west line of said Ruel Sanders tract and the east line of the
647647 Magnolia Timber Partners tract, a distance of 19.89 feet to a 5/8
648648 inch iron rod with cap marked "Carter & Burgess" set for corner;
649649 THENCE South 86 Degrees 42 Minutes 53 Seconds West, with the
650650 north line of the called 103 acre tract described in deed to R. F.
651651 Sanders recorded under Volume 280, Page 301 of the Deed Records of
652652 Montgomery County and the south line of the Woodard Ranch West, LP
653653 tract, a distance of 1194.54 feet to a 5/8 inch iron rod with cap
654654 marked "Carter & Burgess" set for the northwest corner of said R. F.
655655 Sanders tract;
656656 THENCE South 3 Degrees 17 Minutes 07 Seconds East, with the
657657 east line of the Woodard Ranch West, LP tract and the west line of
658658 the said R. F. Sanders tract, a distance of 3635.69 feet to a 5/8
659659 inch iron rod with cap marked "Carter & Burgess" set for comer;
660660 THENCE South 2 Degrees 25 Minutes 09 Seconds East, continuing
661661 with the east line of the Woodard Ranch West, LP tract and the west
662662 line of the R. F. Sanders tract, a distance of 919.23 feet to a 5/8
663663 inch iron rod with cap marked "Carter & Burgess" set previous in the
664664 north right-of-way line of FM 1774 (60.0 feet wide per Volume 204,
665665 Page 522 of Montgomery County Deed Records);
666666 THENCE North 74 Degrees 43 Minutes 59 Seconds West, with the
667667 north right-of-way of FM 1774, a distance of 479.95 feet to a 5/8
668668 inch iron rod with cap marked "Carter & Burgess" set for the
669669 beginning of a curve to the right;
670670 THENCE in a northwesterly direction with the north
671671 right-of-way of FM 1774 and said curve to the right, having a radius
672672 of 1170.47 feet, a central angle of 30 Degrees 46 Minutes 39
673673 Seconds, a chord bearing of North 59 Degrees 20 Minutes 40 Seconds
674674 West, a chord distance of 621.21 feet, at an arc distance of 297
675675 feet crossing the Montgomery County and Waller County Line, a total
676676 arc distance of 628.74 feet to 5/8 inch iron rod with cap marked
677677 "Carter & Burgess" set for the point of tangency;
678678 THENCE North 43 Degrees 57 Minutes 20 Seconds West,
679679 continuing with the north right-of-way line of FM 1774, a distance
680680 of 574.51 feet to a 5/8 inch iron rod with cap marked "Carter &
681681 Burgess" set for corner;
682682 THENCE North 42 Degrees 58 Minutes 17 Seconds West,
683683 continuing with the north right-of-way line of FM 1774, a distance
684684 of 443.48 feet to a 5/8 inch iron rod with cap marked "Carter &
685685 Burgess" set for corner of the herein described tract and the
686686 southeast corner of a called 3.3907 acre tract described in deed to
687687 Chaminade Capital Corporation recorded under Volume 554, Page 571
688688 of the Waller County Deed Records, from which a found concrete
689689 monument bears South 02 Degrees 36 Minutes 21 Seconds East, a
690690 distance of 337.82 feet;
691691 THENCE North 02 Degrees 36 Minutes 21 Seconds West, with the
692692 east line of the Richard Prior Survey and the west tine of the
693693 Robert Watson Survey, Abstract 271 Waller County, also with the
694694 west line of the Woodard Ranch West, LP tract, the east line of the
695695 called 3.3907 acre tract described in deed to Chaminade Capital
696696 Corp. recorded under Volume 554, Page 571, the east line of the call
697697 3.3907 acre tract described in deed to Kevin Zabiegala recorded
698698 under Volume 559, Page 882, the east line of the called 3.3907 acre
699699 tract described in deed to Donna Hoyt recorded under Volume 414,
700700 Page 582, the east line of the tract described in deed to Randolph
701701 Hardee recorded under Volume 378, Page 911, the east line of the
702702 call 7.458 acre tract described in deed to Eugene Mattern recorded
703703 under Volume 531, Page 898, the east line of the called 56.0438 acre
704704 tract described in deed to Brenda Tolleson recorded under Volume
705705 474, Page 479, the east line of the called 19.755 acre tract
706706 described in deed to Eugene Mattern recorded under Volume 571, Page
707707 767, and the east line of the called 90.0 acre tract described in
708708 deed to Wm. F. Jackson recorded under Volume 168, Page 540 all of
709709 the Deed Records of Waller County, a distance of 6362 .56 feet to a
710710 5/8 inch iron rod with cap marked "Carter & Burgess" set for corner;
711711 THENCE North 02 Degrees 51 Minutes 14 Seconds West, with the
712712 west line of the Woodard Ranch West, LP tract, and the east line of
713713 Lake Hollyhill Acres subdivision recorded under Volume 275, Page
714714 292 of Grimes County Deed Records, a distance of 3169.95 feet to a
715715 square bolt in concrete found for corner;
716716 THENCE South 86 Degrees 55 Minutes 20 Seconds West, with the
717717 south line of the Woodard Ranch West, LP tract and the north line of
718718 Lake Hollyhill, a distance of 3150.62 feet to a 1/2 inch iron rod
719719 found for corner,
720720 THENCE North 3 Degrees 05 Minutes 22 Seconds West, with the
721721 west line of the Woodard Ranch West, LP tract and the east line of
722722 the called 19.484 acre tract, a distance of 954.90 feet to a 1/2
723723 inch iron rod found for corner;
724724 THENCE North 87 Degrees 05 Minutes 46 Seconds East, with the
725725 north line of the Woodard Ranch West, LP tract and with the south
726726 line of the tracts described in deeds to Todd Mission Farm recorded
727727 under Volume 427, Page 712 and Volume 450 Page 739 of the Deed
728728 Records of Grimes County, a distance of 366.94 feet to a 1/2 inch
729729 iron rod found for corner;
730730 THENCE North 2 Degrees 47 Minutes 46 Seconds West, with the
731731 west line of the Woodard Ranch West, LP tract and with the east line
732732 of said Todd Mission Farm tract, a distance of 1565.13 feet to a 1/2
733733 inch iron rod found for corner;
734734 THENCE South 87 Degrees 10 Minutes 42 Seconds West. with the
735735 south line of the Woodard Ranch West, LP tract and the north line of
736736 said Todd Mission Farm tract, a distance of 499.97 feet to a 1 1/2
737737 inch iron pipe found for corner;
738738 THENCE North 3 Degrees 34 Minutes 54 Seconds West, with the
739739 west line of the Woodard Ranch West, LP tract and the east line of
740740 the Todd Mission Farm tract, a distance of 1112.04 feet to a 3/8
741741 inch iron rod found for corner;
742742 THENCE North 04 Degrees 11 Minutes 26 Seconds West,
743743 continuing with the west line of the Woodard Ranch West, LP tract
744744 and the east line of the Todd Mission Farm tract, a distance of
745745 1123.78 feet to a 1/2 inch iron rod found for the northeast corner
746746 of said Todd Mission Farm tract from which a 3/4 inch iron bolt
747747 bears North 84 Degrees 42 Minutes 36 Seconds East a distance of
748748 21.66 feet;
749749 THENCE North 86 Degrees 07 Minutes 53 Seconds East, with the
750750 north line of the Woodard Ranch West, LP tract, the south line of
751751 the called 182.9495 acre tract described in deed to the Texas
752752 Renaissance Festival, Inc. recorded under Volume 565, Page 23 of
753753 the Deed Records of Grimes County, and with the south line of the
754754 tract described in deed to Clifford Largent recorded under Volume
755755 265, Page 369 of the Deed Records of Grimes County, a distance of
756756 2146.80 feet to a 1 1/2 inch iron pipe found for corner;
757757 THENCE North 06 Degrees 53 Minutes 24 Seconds West, with the
758758 west line of the Woodard Ranch West, LP tract and the east line of
759759 the Texas Renaissance Festival tract, a distance of 1856.50 feet to
760760 a concrete monument found for corner;
761761 THENCE North 3 Degrees 32 Minutes 02 Seconds West, with the
762762 west line of the Woodard Ranch West, LP tract, the east line of the
763763 Texas Renaissance Festival tract, the east line of the called
764764 36.706 acre tract described in deed to Autry Maywald recorded under
765765 Volume 696, Page 103, the east line of the called 16.0 acre tract
766766 described in deed to Michael Cotie recorded under Volume 362, Page
767767 558, and also with the east line of the H. M. Bullock Survey,
768768 Abstract 96 Grimes County, and with the west line of the Alexander
769769 Robblis Survey, Abstract 400 Grimes County, a distance of 2064.64
770770 feet to a 5/8 inch iron rod with cap marked "Carter &. Burgess" set
771771 for corner;
772772 THENCE North 87 Degrees 31 Minutes 54 Seconds East, departing
773773 the east line of the a H. M. Bullock Survey and with the west line of
774774 the Alexander Robblis Survey, a distance of 12655.49 feet to the
775775 POINT OF BEGINNING and containing 4,286.698 acres less the
776776 following save and except 0.057 acre tract.
777777 SAVE & EXCEPT
778778 Description of a 0.057 acre tract of land, being that called
779779 0.057 acre tract described in deed to Lufkin-Conroe Telephone
780780 Exchange recorded under Montgomery County Clerk File Number
781781 9556511, and located in the Joseph G. Ferguson Survey, Abstract
782782 221, Montgomery County, Texas, and more particularly described as
783783 follows:
784784 COMMENCING at a 5/8 inch iron rod with cap marked "Carter &
785785 Burgess" set in the west right-of-way of FM 1774 (100.0 feet wide
786786 per Volume 219, Page 423, Volume 252, Page 343, Volume 252, Page
787787 344, Volume 257, Page 71, Volume 254, Page 556, Volume 215, Page
788788 512, and Volume 218, Page 2 of Montgomery County Deed Records) and
789789 in the north line of said Woodard Ranch West, LP tract and the south
790790 line of the called 1,995.300 acre tract described in Special
791791 Warranty Deed to the Charles Eugene Campbell Marital Trust recorded
792792 under Montgomery County Clerk's File Number 2004-058220;
793793 THENCE South 02 Degrees 34 Minutes 58 Seconds East, with west
794794 right-of-way line of FM 1486, a distance of 3459.37 feet to a set
795795 5/8 inch iron rod with cap marked "Carter & Burgess";
796796 THENCE South 03 Degrees 11 Minutes 11 Seconds East,
797797 continuing with the west right-of-way of FM 1486, a distance 20.24
798798 feet to a point for corner;
799799 THENCE South 87 Degrees 45 Minutes 51 Seconds West, with the
800800 south line of the 20 feet wide easement described in deed to
801801 Lufkin-Conroe Telephone Exchange recorded under Montgomery County
802802 Clerk's File Number 9556511, a distance of 99.52 feet to a 5/8 inch
803803 iron rod with cap marked "Carter & Burgess" set for the southeast
804804 corner of said Lufkin-Conroe Telephone Exchange called 0.057 acre
805805 tract and POINT OF BEGINNING of the herein described tract;
806806 THENCE South 87 Degrees 45 Minutes 51 Seconds West, with the
807807 south line of said Lufkin-Conroe Telephone Exchange tract and a
808808 north line of the tracts described in Special Warranty Deed to
809809 Magnolia Timber Partners LP recorded under Volume 553, Page 001 of
810810 the Deed Records of Waller County, Texas, Volume 849, Page 205 of
811811 the Deed Records of Grimes County, Texas, and Montgomery County
812812 Clerk's File Number 968009, a distance of 50.00 feet to a 1/2 inch
813813 iron rod found for the southwest corner of said Lufkin-Conroe
814814 Telephone Exchange tract;
815815 THENCE 02 Degrees 14 Minutes 09 Seconds West, with the west
816816 line of said Lufkin-Conroe Telephone Exchange tract and a east line
817817 of said Woodard Ranch West, LP tract, a distance of 50.00 feet to a
818818 1/2 inch iron rod found for the northwest corner of said
819819 Lufkin-Conroe Telephone Exchange tract;
820820 THENCE North 87 Degrees 45 Minutes 511 Seconds East, with the
821821 north line of said Lufkin-Conroe Telephone Exchange tract and a
822822 south line of said Woodard Ranch West; LP tract, a distance of 50.00
823823 feet to a 1/2 inch iron rod found for the northeast corner of said
824824 Lufkin-Conroe Telephone Exchange tract;
825825 THENCE South 02 Degrees 14 Minutes 09 Seconds East, with the
826826 east line of said Lufkin-Conroe Telephone Exchange tract and a west
827827 line of said Woodard Ranch West, LP tract, a distance of 50.00 feet
828828 to the POINT OF BEGINNING and containing 0.057 acre of land.
829829 TRACT TWO:
830830 Description of 1,445.197 acres of land out of the called
831831 2,323.214 acre tract described in Special Warranty Deed from BST
832832 Timberlands of Texas, L.P. to Woodard Ranch Partners, L P recorded
833833 August 26, 2005 under Montgomery County Clerk File Number
834834 2005-095962 of the real property records of Montgomery County,
835835 Texas, and located in the William Stansbury Survey, Abstract 508
836836 and the Thomas G. Allen Survey, Abstract 64, Montgomery County,
837837 Texas and more particularly described as follows:
838838 BEGINNING at a concrete monument found in the east
839839 right-of-way line of FM 1486 (100 feet wide) recorded under Volume
840840 219, Page 423, Volume 252, Page 343, Volume 252, Page 344, Volume
841841 257, Page 71, Volume 254, Page 556, Volume 215, Page 512 and Volume
842842 218, Page 2 of the Deed Records of Montgomery County, Texas in the
843843 south line of said Woodard Ranch Partners, L.P. called 2,323 214
844844 acre tract, and the northwest corner of the called 9.9999 acre tract
845845 described in deed to Joanne Moore recorded under Montgomery County
846846 Clerk's File Number 2003-042415;
847847 THENCE North 02 degrees 53 minutes 38 seconds West, with the
848848 east right-of-way line of FM 1486, a distance of 1,165.37 feet to a
849849 concrete monument found for the southwest corner of the called
850850 29.397 acre tract described in deed to M. L. Maciejeski recorded
851851 under Volume 259, Page 791 of Montgomery County Deed Records and in
852852 the north line of said Woodard Ranch Partners, L.P. tract;
853853 THENCE North 87 degrees 12 minutes 36 seconds East, with the
854854 north line of said Woodard Ranch Partners, L.P. called 2,323.214
855855 acre tract and the south line of the called 29.397 acre tract, a
856856 distance of 1,681.98 feet to a point in a creek from which a set 5/8
857857 inch iron rod with cap marked "Carter & Burgess" bears South 87
858858 degrees 12 minutes 36 seconds West, a distance of 100.00 feet;
859859 THENCE North 16 degrees 26 minutes 24 seconds West, with the
860860 creek, a distance of 233.50 feet to a point for corner;
861861 THENCE North 40 degrees 41 minutes 24 seconds West,
862862 continuing with the creek, a distance of 123.30 feet to a point for
863863 corner;
864864 THENCE North 04 degrees 56 minutes 24 seconds West,
865865 continuing with the creek, a distance of 207.40 feet to a point for
866866 corner;
867867 THENCE North 22 degrees 34 minutes 08 seconds West continuing
868868 with the creek, a distance of 71.00 feet to a point for corner;
869869 THENCE North 41 degrees 35 minutes 52 seconds East,
870870 continuing with the creek, a distance of 71.50 feet to a point for
871871 corner;
872872 THENCE North 40 degrees 39 minutes 49 seconds West,
873873 continuing with the creek, a distance of 187.91 feet to a point for
874874 corner;
875875 THENCE North 29 degrees 57 minutes 45 seconds West,
876876 continuing with the creek, a distance of 450.22 to a point for
877877 corner;
878878 THENCE North 66 degrees 31 minutes 40 seconds West,
879879 continuing with the creek, a distance of 308.15 feet to a point for
880880 corner;
881881 THENCE North 45 degrees 01 minutes 38 seconds West,
882882 continuing with the creek, a distance of 363.18 feet to a point for
883883 corner;
884884 THENCE North 19 degrees 20 minutes 00 seconds West,
885885 continuing with the creek, a distance of 259.64 feet to a point for
886886 corner;
887887 THENCE North 17 degrees 39 minutes 04 seconds West,
888888 continuing with the creek, a distance of 394.32 feet to a point for
889889 corner;
890890 THENCE North 63 degrees 20 minutes 45 seconds West,
891891 continuing with the creek, a distance of 56.90 feet to a point for
892892 corner;
893893 THENCE North 22 degrees 21 minutes 29 seconds West,
894894 continuing with the creek, a distance of 480.58 feet to a point for
895895 corner;
896896 THENCE North 23 degrees 41 minutes 20 seconds West,
897897 continuing with the creek, a distance of 263.57 feet to a point for
898898 corner;
899899 THENCE North 38 degrees 22 minutes 48 seconds West,
900900 continuing with the creek, a distance of 427.55 feet to a 3/4 inch
901901 iron rod found in the east right-of-way line of FM 1486;
902902 THENCE North 02 degrees 42 minutes 57 seconds West, with the
903903 east right-of-way line of FM 1486, a distance of 400.73 feet to a
904904 concrete monument found for the southwest corner of the Convenient
905905 County Estates Subdivision, Phase II, recorded under Cabinet H,
906906 Sheet 79 B of Montgomery County Map Records and in the north line of
907907 the William Stansbury Survey, Abstract 508 and the south line of the
908908 William Stansbury Survey, Abstract 531;
909909 THENCE North 87 degrees 22 minutes 40 seconds East, with the
910910 north line of said Woodard Ranch Partners, L.P. tract, the south
911911 line of the Convenient County Estates Subdivision, the north line
912912 of the William Stansbury Survey, Abstract 508, and the south line of
913913 the William Stansbury Survey, Abstract 531, a distance of 6,641.21
914914 feet to a 5/8 inch iron rod found for corner;
915915 THENCE North 87 degrees 10 minutes 42 seconds East,
916916 continuing with the north line of said Woodard Ranch Partners, L.P.
917917 tract and the south line of said Convenient County Estates, a
918918 distance of 5,747.50 feet to a 4 inch iron pipe found for the
919919 southeast corner of the Convenient County Estates Subdivision, a
920920 northern corner of said Woodard Ranch Partners, L.P. tract, the
921921 northeast corner of William Stansbury Survey, Abstract 192;
922922 THENCE South 02 degrees 44 minutes 34 seconds East, with the
923923 east line of said William Stansbury Survey and the west line of said
924924 Jacob Eyler Survey, a distance of 1,243.66 feet to 3/4 inch iron
925925 pipe found for a southern corner of said Woodard Ranch Partners,
926926 L.P. tract, the northwest corner of the John T. Rockwell Survey,
927927 Abstract 451 and the northwest corner of the. called 320 acre tract
928928 described in deed to Dan H. Madeley recorded under Volume 414, Page
929929 291 of Montgomery County Deed Records;
930930 THENCE South 02 degrees 35 minutes 52 seconds East, with the
931931 east line of said William Stansbury Survey, the east line of said
932932 Woodard Ranch Partners, L.P. tract, and the west line of said John
933933 T. Rockwell Survey, a distance of 4,322.67 feet to a 2 inch iron
934934 pipe found for a southern corner of said Woodard Ranch Partners,
935935 L.P. tract;
936936 THENCE South 87 degrees 02 minutes 33 seconds West, with the
937937 south line of the Woodard Ranch Partners, L.P. tract, the south line
938938 of said William Stansbury Survey, and the north line of the called
939939 131.230 acre tract described in deed to Raymond C. Rickett, Jr.
940940 recorded under Montgomery County Clerk File Number 9719186, a
941941 distance of 3,324.80 feet to a 1 inch iron pipe found for a southern
942942 corner of said Woodard Ranch Partners, L.P. tract and the northwest
943943 corner of said Raymond C. Rickett, Jr. tract;
944944 THENCE South 02 degrees 46 minutes 27 seconds East, with the
945945 east line of said Woodard Ranch Partners, L.P. tract and the west
946946 line of said Raymond C. Rickett, Jr. tract, a distance of 1,264.55
947947 feet to a 1 inch iron pipe found for a southern corner of said
948948 Woodard Ranch Partners, L.P. tract, the southwest corner of said
949949 Raymond C. Rickett, Jr. tract and in the north line of the called
950950 209.46 acre tract described in deed to Christopher Rhodes recorded
951951 under Montgomery County Clerk's File Number 9526828;
952952 THENCE South 86 degrees 51 minutes 47 seconds West, with the
953953 south line of said Woodard Ranch Partners, L.P. tract and the north
954954 line of the Christopher Rhodes tract, a distance of 1,617.63 feet to
955955 a 5/8 inch iron rod set for a southern corner of said Woodard Ranch
956956 Partners, L.P. tract and the northwest corner of said Christopher
957957 Rhodes tract, and in the west line of the Thomas G. Allen Survey;
958958 THENCE North 03 degrees 11 minutes 35 seconds West, with the
959959 west line of said Woodard Ranch Partners, L.P. tract and the east
960960 line of the Magnolia East Unrecorded Subdivision described in deeds
961961 recorded under Montgomery County Clerk's File Numbers 9019503,
962962 8917284, 9770914, 99006599, 9750729, and 8913130, a distance of
963963 1,975.88 feet to a 4 inch iron pipe found for the northeast corner
964964 of said Magnolia East Unrecorded Subdivision, a southern corner of
965965 said Woodard Ranch Partners, L.P. tract, the northeast corner of
966966 the John Niles Survey, Abstract 396, and in the south line of the
967967 William Stansbury Survey, Abstract 508;
968968 THENCE South 87 degrees 20 minutes 16 seconds West, with the
969969 south line of said Woodard Ranch Partners, L.P. tract and the north
970970 line of said Magnolia East Unrecorded Subdivision described in
971971 deeds recorded under Montgomery County Clerk's File Numbers
972972 8913130, 2001-115769, 2000-102053, 8807383, 8502145, 9808626,
973973 9207949, 8844012, 8303341, Volume 1163, Page 759, 2004-112602,
974974 8436226, 9250650, 2002-018876, 9842447, 8751939, and 2003-042415
975975 of Montgomery County Deed Records, at a distance of 797.74 feet
976976 passing a set 5/8 inch iron rod with cap marked "Carter & Burgess",
977977 a total distance of 7,414.45 feet to the POINT OF BEGINNING and
978978 containing 1,445.197 acres of land.
979979 SECTION 3. (a) The legal notice of the intention to
980980 introduce this Act, setting forth the general substance of this
981981 Act, has been published as provided by law, and the notice and a
982982 copy of this Act have been furnished to all persons, agencies,
983983 officials, or entities to which they are required to be furnished
984984 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
985985 Government Code.
986986 (b) The governor, one of the required recipients, has
987987 submitted the notice and Act to the Texas Commission on
988988 Environmental Quality.
989989 (c) The Texas Commission on Environmental Quality has filed
990990 its recommendations relating to this Act with the governor, the
991991 lieutenant governor, and the speaker of the house of
992992 representatives within the required time.
993993 (d) All requirements of the constitution and laws of this
994994 state and the rules and procedures of the legislature with respect
995995 to the notice, introduction, and passage of this Act are fulfilled
996996 and accomplished.
997997 SECTION 4. (a) If this Act does not receive a two-thirds
998998 vote of all the members elected to each house, Subchapter C, Chapter
999999 8257, Special District Local Laws Code, as added by Section 1 of
10001000 this Act, is amended by adding Section 8257.0307 to read as follows:
10011001 Sec. 8257.0307. NO EMINENT DOMAIN POWER. The district may
10021002 not exercise the power of eminent domain.
10031003 (b) This section is not intended to be an expression of a
10041004 legislative interpretation of the requirements of Section 17(c),
10051005 Article I, Texas Constitution.
10061006 SECTION 5. This Act takes effect immediately if it receives
10071007 a vote of two-thirds of all the members elected to each house, as
10081008 provided by Section 39, Article III, Texas Constitution. If this
10091009 Act does not receive the vote necessary for immediate effect, this
10101010 Act takes effect September 1, 2019.