By: Creighton S.B. No. 2504
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Magnolia Woods Municipal Utility
District No. 1; granting a limited power of eminent domain;
providing authority to issue bonds; providing authority to impose
assessments, fees, and taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 8257 to read as follows:
CHAPTER 8257. MAGNOLIA WOODS MUNICIPAL UTILITY DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8257.0101. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Director" means a board member.
(4) "District" means the Magnolia Woods Municipal
Utility District No. 1.
Sec. 8257.0102. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8257.0103. CONFIRMATION AND DIRECTOR ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 8257.0104. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section
8257.0103 until each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located has
consented by ordinance or resolution to the creation of the
district and to the inclusion of land in the district.
Sec. 8257.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
(a) The district is created to serve a public purpose and benefit.
(b) The district is created to accomplish the purposes of:
(1) a municipal utility district as provided by
general law and Section 59, Article XVI, Texas Constitution; and
(2) Section 52, Article III, Texas Constitution, that
relate to the construction, acquisition, improvement, operation,
or maintenance of macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 8257.0106. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act enacting this chapter form a closure. A mistake made in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose a tax; or
(4) legality or operation.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8257.0201. GOVERNING BODY; TERMS. (a) The district
is governed by a board of five elected directors.
(b) Except as provided by Section 8257.0202, directors
serve staggered four-year terms.
Sec. 8257.0202. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Paul West;
(2) Lisa Belus;
(3) Ashley Bird;
(4) Craig Lobel; and
(5) Ty Hunter Fox.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8257.0103; or
(2) the fourth anniversary of the effective date of
the Act enacting this chapter.
(c) If permanent directors have not been elected under
Section 8257.0103 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 8257.0103; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the commission requesting that the
commission appoint as successor temporary directors the five
persons named in the petition. The commission shall appoint as
successor temporary directors the five persons named in the
petition.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8257.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8257.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 54, Water Code,
applicable to municipal utility districts created under Section 59,
Article XVI, Texas Constitution.
Sec. 8257.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
52, Article III, Texas Constitution, the district may design,
acquire, construct, finance, issue bonds for, improve, operate,
maintain, and convey to this state, a county, or a municipality for
operation and maintenance macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 8257.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
road project must meet all applicable construction standards,
zoning and subdivision requirements, and regulations of each
municipality in whose corporate limits or extraterritorial
jurisdiction the road project is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
project must meet all applicable construction standards,
subdivision requirements, and regulations of each county in which
the road project is located.
(c) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 8257.0305. COMPLIANCE WITH MUNICIPAL CONSENT
ORDINANCE OR RESOLUTION. The district shall comply with all
applicable requirements of any ordinance or resolution that is
adopted under Section 54.016 or 54.0165, Water Code, and that
consents to the creation of the district or to the inclusion of land
in the district.
Sec. 8257.0306. DIVISION OF DISTRICT. (a) The district
may be divided into two or more new districts only if the district:
(1) has never issued any bonds; and
(2) is not imposing ad valorem taxes.
(b) This chapter applies to any new district created by the
division of the district, and a new district has all the powers and
duties of the district.
(c) A new district created by the division of the district
may not, at the time the new district is created, contain any land
outside the area described by Section 2 of the Act enacting this
chapter.
(d) The board, on its own motion or on receipt of a petition
signed by the owner or owners of a majority of the assessed value of
the real property in the district, may adopt an order dividing the
district.
(e) The board may adopt an order dividing the district
before or after the date the board holds an election under Section
8257.0103 to confirm the district's creation.
(f) An order dividing the district shall:
(1) name each new district;
(2) include the metes and bounds description of the
territory of each new district;
(3) appoint temporary directors for each new district;
and
(4) provide for the division of assets and liabilities
between or among the new districts.
(g) On or before the 30th day after the date of adoption of
an order dividing the district, the district shall file the order
with the commission and record the order in the real property
records of each county in which the district is located.
(h) A new district created by the division of the district
shall hold a confirmation and directors' election as required by
Section 8257.0103.
(i) If the creation of the new district is confirmed, the
new district shall provide the election date and results to the
commission.
(j) Any new district created by the division of the district
must hold an election as required by this chapter to obtain voter
approval before the district may impose a maintenance tax or issue
bonds payable wholly or partly from ad valorem taxes.
(k) Municipal consent to the creation of the district and to
the inclusion of land in the district granted under Section
8257.0104 acts as municipal consent to the creation of any new
district created by the division of the district and to the
inclusion of land in the new district.
SUBCHAPTER D. DEFINED AREAS
Sec. 8257.0401. AUTHORITY TO ESTABLISH DEFINED AREAS OR
DESIGNATED PROPERTY. The district may define areas or designate
certain property of the district to pay for improvements,
facilities, or services that primarily benefit that area or
property and do not generally and directly benefit the district as a
whole.
Sec. 8257.0402. PROCEDURE FOR ELECTION. (a) Before the
district may impose an ad valorem tax applicable only to the defined
area or designated property or issue bonds payable from ad valorem
taxes of the defined area or designated property, the board shall
hold an election in the defined area or designated property only.
(b) The board may submit the proposition to the voters on
the same ballot to be used in another election.
Sec. 8257.0403. DECLARING RESULT AND ISSUING ORDER.
(a) If a majority of the voters voting at the election held under
Section 8257.0402 approve the proposition or propositions, the
board shall declare the results and, by order, shall establish the
defined area or designated property and describe it by metes and
bounds or designate the specific area or property.
(b) A court may not review the board's order except on the
ground of fraud, palpable error, or arbitrary and confiscatory
abuse of discretion.
Sec. 8257.0404. TAXES FOR SERVICES, IMPROVEMENTS, AND
FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter
approval and adoption of the order described by Section 8257.0403,
the district may apply separately, differently, equitably, and
specifically its taxing power and lien authority to the defined
area or designated property to provide money to construct,
administer, maintain, and operate services, improvements, and
facilities that primarily benefit the defined area or designated
property.
Sec. 8257.0405. ISSUANCE OF BONDS FOR DEFINED AREA OR
DESIGNATED PROPERTY. After the order under Section 8257.0403 is
adopted, the district may issue bonds to provide for any land,
improvements, facilities, plants, equipment, and appliances for
the defined area or designated property.
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
Sec. 8257.0501. ELECTIONS REGARDING TAXES OR BONDS.
(a) The district may issue, without an election, bonds and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 8257.0503.
(b) The district must hold an election in the manner
provided by Chapters 49 and 54, Water Code, to obtain voter approval
before the district may impose an ad valorem tax or issue bonds
payable from ad valorem taxes.
(c) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
Sec. 8257.0502. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8257.0501, the
district may impose an operation and maintenance tax on taxable
property in the district in accordance with Section 49.107, Water
Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Sec. 8257.0503. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
SUBCHAPTER F. BONDS AND OTHER OBLIGATIONS
Sec. 8257.0601. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 8257.0602. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Sections 54.601 and 54.602, Water Code.
Sec. 8257.0603. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other obligations
issued or incurred to finance road projects and payable from ad
valorem taxes may not exceed one-fourth of the assessed value of the
real property in the district.
SECTION 2. The Magnolia Woods Municipal Utility District
No. 1 initially includes all the territory contained in the
following area:
TRACT ONE:
Description of a 4,286.698 acre tract of land, Save and
Except a 0.057 acre tract described in Warranty Deed to
Lufkin-Conroe Telephone Exchange recorded under Montgomery County
Clerk's File Number 9556511, out of the called 4,300.288 acre tract
described in Special Warranty Deed from BST Timberlands of Texas to
Woodard Ranch West, LP, recorded under Montgomery County Clerk's
File Number 2005-064857 and also out of the tracts described in
Special Warranty Deed to Magnolia Timber Partners, LP recorded
under Volume 553, Page 001 of the Deed Records of Waller County
Texas, Volume 849, Page 205 of the Deed Records of Grimes County,
Texas, and Montgomery County Clerk's File Number 968009; and
located in the Joseph C. Ferguson Survey, Abstract 221, Montgomery
County, Alexander Robblis Survey, Abstract 464, Montgomery County
and Abstract 400, Grimes County, H. M. Bullock Survey, Abstract 96,
Grimes County, Robert Elgin Survey, Abstract 199, Montgomery
County, R. O. Lusk Survey, Abstract 312, Montgomery County, and
Abstract 299 Grimes County James M. Hamm Survey, Abstract 263,
Montgomery County, James Pierpont Survey, Abstract 426, Montgomery
County, Robert Watson Survey, Abstract 605, Montgomery County and
Abstract 271, Waller County, and also located in Grimes County,
Waller County, and Montgomery County, Texas and more particularly
described as follows:
BEGINNING at a 5/8 inch iron rod with cap marked "Carter &
Burgess" set in the west right-of-way of FM 1774 (100.0 feet wide
per Volume 219, Page 423, Volume 252, Page 343, Volume 252, Page
344, Volume 257, Page 71, Volume 254, Page 556, Volume 215, Page
512, and Volume 218, Page 2 of Montgomery County Deed Records) and
in the north line of said Woodard Ranch West, LP tract and the south
line of the called 1,995.300 acre tract described in Special
Warranty Deed to the Charles Eugene Campbell Marital Trust recorded
under Montgomery County Clerk's File Number 2004-058220;
THENCE South 02 Degrees 34 Minutes 58 Seconds East, with west
right-of-way line of FM 1486, a distance of 3459.57 feet to a set
5/8 inch iron rod with rap marked "Carter & Burgess";
THENCE South 03 Degrees 11 Minutes 11 Seconds East,
continuing with the west right-of-way line of FM 1486, a distance of
2100.08 feet to a 5/8 inch iron rod with cap marked "Carter &
Burgess" set for the northeast corner of a called 30.7877 acre tract
described in deed to Tim Halfin recorded under Montgomery County
Clerk's File Number 9868341;
THENCE South 02 Degrees 34 Minutes 20 Seconds East,
continuing with the west right-of-way line of FM 1486, a distance of
551.60 feet to a 5/8 inch iron rod with rap marked "Carter &
Burgess" set for corner;
THENCE South 87 Degrees 03 Minutes 39 Seconds West, with the
north line of said Tim Halfin tract and the south line of said
Woodard Ranch West, LP tract, at a distance of 4.17 feet passing a
rod in concrete, a total distance of 1433.74 feet to a 1 inch iron
pipe found for the northwest corner of said Rim Halfin tract and a
corner of said Woodard Ranch West, LP tract;
THENCE South 02 Degrees 57 Minutes 58 Seconds East, with the
west line of the said Jack Halfin tract, the west line of the called
7.50 acre tract described in deed to Robert Mautz recorded under
Montgomery County Clerk's File Number 9895592, the west line of the
called 5.00 acre tract described in deed to Fred Muzkya recorded
under Montgomery County Clerk's File Number 99074582, the west line
of the called 10 acre tract described in deed to Fred Muyzka
recorded under Montgomery County Clerk's File Number 99074581, the
west line of the called 10.00 acre tract described in deed to David
McDonald recorded under Montgomery County Clerk File Number
9812063, and the west line of the called 60.80 acre tract described
in deed to Brenda Smith recorded under Montgomery County Clerk's
File Number 8005582, and the east line of said Woodard Ranch West,
LP tract, a distance of 3750.82 feet to a bolt in concrete found for
the northwest corner of said Brenda Smith tract and a corner of said
Woodard Ranch West, LP tract;
THENCE North 87 Degrees 05 Minutes 09 Seconds East, with the
south line of said Brenda Smith tract and the north line of said
Woodard Ranch West, LP tract, at a distance of 1411.99 feet passing
a found concrete monument, a total distance of 1416.40 feet to a 5/8
inch iron rod with cap marked "Carter & Burgess" set for corner in
the west right-of-way line of FM 1486;
THENCE South 02 Degrees 44 Minutes 42 Seconds East, with the
west right-of-way line of FM 1486, a distance of 196.91 feet to a
5/8 inch iron rod with cap marked "Carter & Burgess" set for corner;
THENCE South 02 Degrees 56 Minutes 32 Seconds East, with the
west right-of-way line of FM 1486, a distance of 1741.20 feet to a
5/8 inch iron rod with cap masked "Carter& Burgess" set for the
northeast corner of the called 10.00 acre tract described in deed to
Magnolia Independent School District recorded under Montgomery
County Clerk's File Number 9350680;
THENCE South 87 Degrees 11 Minutes 27 Seconds West, with the
north line of said Magnolia Independent School District tract and
the south line of said Woodard Ranch West, LP tract, a distance of
661.95 feet to a 5/8 inch iron rod with cap found for the northwest
corner of said Magnolia Independent School District;
THENCE South 02 Degrees 48 Minutes 41 Seconds East, with the
west line of said Magnolia Independent School District tract and
the east line of said Woodard Ranch West, LP tract, a distance of
660.21, feet to a 5/8 inch iron rod with cap found for the southwest
corner of said Magnolia Independent School District tract;
THENCE North 87 Degrees 10 Minutes 30 Seconds East, with the
south line of said Magnolia Independent School District tract and
the north line of said Woodard Ranch West, LP tract, a distance of
663.46 feet to a 5/8 inch iron rod with cap marked "Carter &
Burgess" act in the west right-of-way line of FM 1486;
THENCE South 02 Degrees 56 Minutes 32 Seconds East, with the
west right-of-way line of FM 1486, a distance of 1510.35 feet to a
set 5/8 inch iron rod with cap marked "Carter& Burgess";
THENCE South 01 Degrees 35 Minutes 42 Seconds East,
continuing with the west right-of-way line of FM 1486, a distance of
755.41 feet to a point in the center of Mill Creek;
THENCE with the center of Mill Creek the following calls:
North 66 Degrees 29 Minutes 42 Seconds West, a distance of 153
feet;
North 47 Degrees 03 Minutes 46 Seconds West, a distance of
25.15 feet;
North 15 Degrees 23 Minutes 49 Seconds West, a distance of
34.41 feet;
North 50 Degrees 04 Minutes 47 Seconds West, a distance of
42.44 feet;
North 69 Degrees 33 Minutes 31 Seconds West a distance 53.78
feet;
North 51 Degrees 00 Minutes 58 Seconds West, a distance of
148.95 feet;
North 21 Degrees 18 Minutes 25 Seconds West, a distance of
69.98 feet;
South 74 Degrees 51 Minutes 13 Seconds West, a distance of
120.60 feet;
North 41 Degrees 09 Minutes 02 Seconds West, a distance of
46.98 feet;
North 21 Degrees 20 Minutes 56 Seconds West, a distance of
117.72 feet;
North 50 Degrees 52 Minutes 08 Seconds West, a distance of
74.60 feet;
North 24 Degrees 19 Minutes 33 Seconds West, a distance of
53.22 feet;
North 87 Degrees 17 Minutes 11 Seconds West, a distance 46.99
feet;
South 69 Degrees 05 Minutes 22 Seconds West, a distance of
180.84 feet;
South 43 Degrees 04 Minutes 37 Seconds West, a distance of
126.16 feet;
South 74 Degrees 00 Minutes 22 Seconds West, a distance of
56.30 feet;
South 83 Degrees 01 Minutes 41 Seconds West, a distance of
110.13 feet;
South 76 Degrees 38 Minutes 10 Seconds West, a distance of
52.88 feet,
North 50 Degrees 24 Minutes 09 Seconds West, a distance of
125.15 feet;
North 74 Degrees 07 Minutes 57 Seconds West, a distance of
104.06 feet,
North 48 Degrees 05 Minutes 58 Seconds West, a distance of
76.65 feet;
North 58 Degrees 18 Minutes 08 Seconds West, a distance of
111.05 feet;
North 86 Degrees 46 Minutes 10 Seconds West, a distance of
32.03 feet;
South 12 Degrees 23 Minutes 06 Seconds West, a distance of
95.06 feet;
South 54 Degrees 16 Minutes 54 Seconds West, a distance of
67.33 feet;
South 18 Degrees 21 Minutes 22 Seconds West; a distance of
72.49 feet;
North 84 Degrees 12 Minutes 58 Seconds West, a distance of
94.80 feet;
South 70 Degrees 02 Minutes 40 Seconds West, a distance of
148.00 feet;
North 19 Degrees 36 Minutes 03 Seconds West, a distance of
23.54 feet;
North 0 Degrees 13 Minutes 43 Seconds West, a distance of
60.16 feet;
North 55 Degrees 29 Minutes 43 Seconds West, a distance of
46.99 feet;
South 81 Degrees 09 Minutes 48 Seconds West, a distance of
55.26 feet;
South 54 Degrees 46 Minutes 58 Seconds West, a distance of
160.79 feet;
South 46 Degrees 36 Minutes 18 Seconds West, a distance of
71.94 feet;
North 88 Degrees 40 Minutes 16 Seconds West, a distance of
68.48 feet;
South 3 Degrees 03 Minutes 49 Seconds East a distance of
103.80 feet;
South 58 Degrees 10 Minutes 14 Seconds West, a distance of
99.77 feet;
North 69 Degrees 43 Minutes 47 Seconds West, a distance of
111.89 feet;
North 5 Degrees 02 Minutes 25 Seconds West; a distance of
142.38 feet;
North 39 Degrees 45 Minutes 16 Seconds West a distance of
17.27 feet;
North 38 Degrees 58 Minutes 20 Seconds West, a distance of
20.56 feet;
South 72 Degrees 58 Minutes 37 Seconds West, a distance of
107.26 feet,
North 35 Degrees 30 Minutes 48 Seconds West, a distance of
52.44 feet;
North 75 Degrees 00 Minutes 07 Seconds East; a distance of
44.76 feet;
North 49 Degrees 16 Minutes 57 Seconds West, a distance of
76.44 feet;
South 76 Degrees 18 Minutes 51 Seconds West, a distance of
124.20 feet;
North 79 Degrees 16 Minutes 32 Seconds West, a distance of
163.51 feet;
South 51 Degrees 38 Minutes 22 Seconds West, a distance of
65.74 feet,
South 59 Degrees 16 Minutes 59 Seconds East, a distance of
87.74 feet;
South 62 Degrees 51 Minutes 02 Seconds West, a distance of
105.40 feet;
South 86 Degrees 13 Minutes 08 Seconds West, a distance of
127.37 feet;
North 59 Degrees 15 Minutes 27 Seconds West, a distance of
20.51 feet;
North 12 Degrees 05 Minutes 23 Seconds East, a distance of
42.25 feet;
North 66 Degrees 09 Minutes 22 Seconds West, a distance of
45.72 feet;
South 75 Degrees 11 Minutes 42 Seconds West, a distance of
98.33 feet;
South 30 Degrees 35 Minutes 00 Seconds West, a distance of
152.59 feet;
South 6 Degrees 03 Minutes 19 Seconds East, a distance of
32.22 feet;
South 31 Degrees 53 Minutes 33 Seconds East, a distance of
101.56 feet;
South 55 Degrees 27 Minutes 10 Seconds East, a distance of
105.07 feet;
South 33 Degrees 52 Minutes 46 Seconds West, a distance of
68.75 feet;
South 78 Degrees 25 Minutes 54 Seconds West, a distance of
207.12 feet;
North 84 Degrees 39 Minutes 12 Seconds a distance of 159.86
feet;
North 18 Degrees 00 Minutes 22 Seconds West, a distance of
92.87 feet;
North 35 Degrees 15 Minutes 57 Seconds East, a distance of
85.03 feet;
North 33 Degrees 03 Minutes 10 Seconds West, a distance of
135.81 feet;
North 36 Degrees 04 Minutes 39 Seconds East, a distance of
78.18 feet;
North 33 Degrees 09 Minutes 02 Seconds West, a distance of
95.91 feet;
North 84 Degrees 40 Minutes 30 Seconds West, a distance of
210.32 feet;
South 51 Degrees 35 Minutes 52 Seconds West, a distance of
36.19 feet;
South 50 Degrees 27 Minutes 50 Seconds East, a distance of
33.36 feet;
North 63 Degrees 52 Minutes 38 Seconds East, a distance of 22.
30 feet;
South 15 Degrees 55 Minutes 37 Seconds East, a distance of
37.13 feet;
South 47 Degrees 10 Minutes 49 Seconds West, a distance of
48.72 feet;
South 86 Degrees 10 Minutes 28 Seconds West, a distance of
167.22 feet;
South 52 Degrees 25 Minutes 53 Seconds West, a distance of
246.19 feet;
South 40 Degrees 38 Minutes 57 Seconds West, a distance of
74.90 feet;
North 74 Degrees 19 Minutes 02 Seconds West, a distance of
92.79 feet;
South 69 Degrees 10 Minutes 55 Seconds West, a distance of
66.48 feet;
North 48 Degrees 06 Minutes 52 Seconds West, a distance of
60.65 feet;
South 72 Degrees 19 Minutes 16 Seconds West, a distance of
30.00 feet;
South 2 Degrees 12 Minutes 42 Seconds East, a distance of
54.18 feet;
South 30 Degrees 24 Minutes 19 Seconds West, a distance of
70.78 feet;
South 66 Degrees 36 Minutes 03 Seconds West, a distance of
147.99 feet;
North 59 Degrees 24 Minutes 18 Seconds West, a distance of
64.04 feet;
North 81 Degrees 46 Minutes 49 Seconds West, a distance of
149.37 feet;
North 52 Degrees 20 Minutes 57 Seconds West, a distance of
89.40 feet;
South 89 Degrees 42 Minutes 29 Seconds West, a distance of
53.97 feet;
South 29 Degrees 38 Minutes 45 Seconds West, a distance of
206.94 feet;
South 54 Degrees 20 Minutes 53 Seconds West, a distance of
99.96 feet;
South 37 Degrees 00 Minutes 20 Seconds West, a distance of
183.95 feet;
South 7 Degrees 16 Minutes 40 Seconds East, a distance of
66.68 feet;
South 18 Degrees 37 Minutes 13 Seconds West, a distance of
145.00 feet;
South 50 Degrees 55 Minutes 33 Seconds West a distance of
50.37 feet;
South 81 Degrees 25 Minutes 05 Seconds West, a distance of
117.81. feet;
South 43 Degrees 33 Minutes 33 Seconds West, a distance of
214.19 feet;
South 55 Degrees 56 Minutes 20 Seconds West, a distance of
199.82 feet;
North 86 Degrees 30 Minutes 30 Seconds West, a distance of
66.04 feet;
North 39 Degrees 31 Minutes 13 Seconds West, a distance of
73.41 feet,
North 24 Degrees 35 Minutes 20 Seconds West, a distance of
20.52 feet;
North 64 Degrees 12 Minutes 02 Seconds West, a distance of
197.24 feet;
North 42 Degrees 28 Minutes 22 Seconds West, a distance of
185.27 feet;
North 5 Degrees 07 Minutes 35 Seconds East, a distance of
75.65 feet;
North 19 Degrees 31 Minutes 28 Seconds West, a distance of
44.62 feet;
North 0 Degrees 27 Minutes 51 Seconds East, a distance of
239.11 feet;
North 27 Degrees 30 Minutes 15 Seconds East, a distance of
83.52 feet;
North 60 Degrees 50 Minutes 32 Seconds West, a distance of
69.65 feet;
South 79 Degrees 21 Minutes 19 Seconds West, a distance of
191.59 feet;
North 51 Degrees 02 Minutes 23 Seconds West, a distance of
107.06 feet;
North 13 Degrees 38 Minutes 34 Seconds West, a distance of
156.05 feet;
North 48 Degrees 55 Minutes 46 Seconds West, a distance of
390.43 feet;
North 36 Degrees 13 Minutes 39 Seconds West, a distance of
166.29 feet;
North 89 Degrees 35 Minutes 57 Seconds West, a distance of
45.71 feet,
South 61 Degrees 51 Minutes 40 Seconds West, a distance of
198.79 feet;
South 30 Degrees 04 Minutes 49 Seconds West, a distance of
36.09 feet;
South 20 Degrees 11 Minutes 29 Seconds East, a distance of
96.61 feet;
South 6 Degrees 08 Minutes 11 Seconds East, a distance of
174.03 feet;
South 7 Degrees 28 Minutes 44 Seconds West, a distance of
106.64 feet,
South 27 Degrees 41 Minutes 51 Seconds West, a distance of
131.32 feet;
South 4 Degrees 34 Minutes 07 Seconds West, a distance of
152.56 feet;
South 24 Degrees 50 Minutes 38 Seconds West, a distance of
324.10 feet;
North 62 Degrees 01 Minutes 07 Seconds West, a distance of
59.93 feet;
South 63 Degrees 06 Minutes 40 Seconds West, a distance of
55.18 feet;
South 11 Degrees 19 Minutes 06 Seconds West, a distance of
17.89 feet;
North 84 Degrees 39 Minutes 41 Seconds West, a distance of
15.53 feet;
South 27 Degrees 40 Minutes 44 Seconds West, a distance of
52.50 feet;
South 54 Degrees 48 Minutes 46 Seconds West, a distance of
163.39 feet;
South 1 degree 53 Minutes 56 Seconds East, a distance of 74.20
feet;
South 25 Degrees 46 Minutes 31 Seconds West; a distance of
41.01 feet;
South 43 Degrees 04 Minutes 41 Seconds West, a distance of
153.67 feet;
South 65 Degrees 24 Minutes 42 Seconds West, a distance of
152.12 feet;
South 85 Degrees 45 Minutes 56 Seconds West, a distance of
59.54 feet;
North 60 Degrees 55 Minutes 21 Seconds West, a distance of
68.90 feet;
North 14 Degrees 20 Minutes 24 Seconds West, a distance of
145.46 feet;
North 37 Degrees 47 Minutes 55 Seconds West, a distance of
91.94 feet;
North 17 Degrees 32 Minutes 20 Seconds West, a distance of
83.43 feet;
North 49 Degrees 24 Minutes 51 Seconds West; a distance of
71.33 feet;
North 15 Degrees 47 Minutes 09 Seconds West, a distance of
79.77 feet;
North 44 Degrees 54 Minutes 58 Seconds West, a distance of
149.26 feet;
South 78 Degrees 48 Minutes 22 Seconds West, a distance of
104.91 feet;
THENCE North 76 Degrees 24 Minutes 51 Seconds West; with the
center of Mill Creek, a distance of 90.78 feet to the northwest
corner of the called 73.594 acre tract described in deed to Ruel
Sanders recorded under Volume 679 Page 212 of the Deed Records of
Montgomery County;
THENCE South 3 Degrees 17 Minutes 07 Seconds East, with the
west line of said Ruel Sanders tract and the east line of the
Magnolia Timber Partners tract, a distance of 19.89 feet to a 5/8
inch iron rod with cap marked "Carter & Burgess" set for corner;
THENCE South 86 Degrees 42 Minutes 53 Seconds West, with the
north line of the called 103 acre tract described in deed to R. F.
Sanders recorded under Volume 280, Page 301 of the Deed Records of
Montgomery County and the south line of the Woodard Ranch West, LP
tract, a distance of 1194.54 feet to a 5/8 inch iron rod with cap
marked "Carter & Burgess" set for the northwest corner of said R. F.
Sanders tract;
THENCE South 3 Degrees 17 Minutes 07 Seconds East, with the
east line of the Woodard Ranch West, LP tract and the west line of
the said R. F. Sanders tract, a distance of 3635.69 feet to a 5/8
inch iron rod with cap marked "Carter & Burgess" set for comer;
THENCE South 2 Degrees 25 Minutes 09 Seconds East, continuing
with the east line of the Woodard Ranch West, LP tract and the west
line of the R. F. Sanders tract, a distance of 919.23 feet to a 5/8
inch iron rod with cap marked "Carter & Burgess" set previous in the
north right-of-way line of FM 1774 (60.0 feet wide per Volume 204,
Page 522 of Montgomery County Deed Records);
THENCE North 74 Degrees 43 Minutes 59 Seconds West, with the
north right-of-way of FM 1774, a distance of 479.95 feet to a 5/8
inch iron rod with cap marked "Carter & Burgess" set for the
beginning of a curve to the right;
THENCE in a northwesterly direction with the north
right-of-way of FM 1774 and said curve to the right, having a radius
of 1170.47 feet, a central angle of 30 Degrees 46 Minutes 39
Seconds, a chord bearing of North 59 Degrees 20 Minutes 40 Seconds
West, a chord distance of 621.21 feet, at an arc distance of 297
feet crossing the Montgomery County and Waller County Line, a total
arc distance of 628.74 feet to 5/8 inch iron rod with cap marked
"Carter & Burgess" set for the point of tangency;
THENCE North 43 Degrees 57 Minutes 20 Seconds West,
continuing with the north right-of-way line of FM 1774, a distance
of 574.51 feet to a 5/8 inch iron rod with cap marked "Carter &
Burgess" set for corner;
THENCE North 42 Degrees 58 Minutes 17 Seconds West,
continuing with the north right-of-way line of FM 1774, a distance
of 443.48 feet to a 5/8 inch iron rod with cap marked "Carter &
Burgess" set for corner of the herein described tract and the
southeast corner of a called 3.3907 acre tract described in deed to
Chaminade Capital Corporation recorded under Volume 554, Page 571
of the Waller County Deed Records, from which a found concrete
monument bears South 02 Degrees 36 Minutes 21 Seconds East, a
distance of 337.82 feet;
THENCE North 02 Degrees 36 Minutes 21 Seconds West, with the
east line of the Richard Prior Survey and the west tine of the
Robert Watson Survey, Abstract 271 Waller County, also with the
west line of the Woodard Ranch West, LP tract, the east line of the
called 3.3907 acre tract described in deed to Chaminade Capital
Corp. recorded under Volume 554, Page 571, the east line of the call
3.3907 acre tract described in deed to Kevin Zabiegala recorded
under Volume 559, Page 882, the east line of the called 3.3907 acre
tract described in deed to Donna Hoyt recorded under Volume 414,
Page 582, the east line of the tract described in deed to Randolph
Hardee recorded under Volume 378, Page 911, the east line of the
call 7.458 acre tract described in deed to Eugene Mattern recorded
under Volume 531, Page 898, the east line of the called 56.0438 acre
tract described in deed to Brenda Tolleson recorded under Volume
474, Page 479, the east line of the called 19.755 acre tract
described in deed to Eugene Mattern recorded under Volume 571, Page
767, and the east line of the called 90.0 acre tract described in
deed to Wm. F. Jackson recorded under Volume 168, Page 540 all of
the Deed Records of Waller County, a distance of 6362 .56 feet to a
5/8 inch iron rod with cap marked "Carter & Burgess" set for corner;
THENCE North 02 Degrees 51 Minutes 14 Seconds West, with the
west line of the Woodard Ranch West, LP tract, and the east line of
Lake Hollyhill Acres subdivision recorded under Volume 275, Page
292 of Grimes County Deed Records, a distance of 3169.95 feet to a
square bolt in concrete found for corner;
THENCE South 86 Degrees 55 Minutes 20 Seconds West, with the
south line of the Woodard Ranch West, LP tract and the north line of
Lake Hollyhill, a distance of 3150.62 feet to a 1/2 inch iron rod
found for corner,
THENCE North 3 Degrees 05 Minutes 22 Seconds West, with the
west line of the Woodard Ranch West, LP tract and the east line of
the called 19.484 acre tract, a distance of 954.90 feet to a 1/2
inch iron rod found for corner;
THENCE North 87 Degrees 05 Minutes 46 Seconds East, with the
north line of the Woodard Ranch West, LP tract and with the south
line of the tracts described in deeds to Todd Mission Farm recorded
under Volume 427, Page 712 and Volume 450 Page 739 of the Deed
Records of Grimes County, a distance of 366.94 feet to a 1/2 inch
iron rod found for corner;
THENCE North 2 Degrees 47 Minutes 46 Seconds West, with the
west line of the Woodard Ranch West, LP tract and with the east line
of said Todd Mission Farm tract, a distance of 1565.13 feet to a 1/2
inch iron rod found for corner;
THENCE South 87 Degrees 10 Minutes 42 Seconds West. with the
south line of the Woodard Ranch West, LP tract and the north line of
said Todd Mission Farm tract, a distance of 499.97 feet to a 1 1/2
inch iron pipe found for corner;
THENCE North 3 Degrees 34 Minutes 54 Seconds West, with the
west line of the Woodard Ranch West, LP tract and the east line of
the Todd Mission Farm tract, a distance of 1112.04 feet to a 3/8
inch iron rod found for corner;
THENCE North 04 Degrees 11 Minutes 26 Seconds West,
continuing with the west line of the Woodard Ranch West, LP tract
and the east line of the Todd Mission Farm tract, a distance of
1123.78 feet to a 1/2 inch iron rod found for the northeast corner
of said Todd Mission Farm tract from which a 3/4 inch iron bolt
bears North 84 Degrees 42 Minutes 36 Seconds East a distance of
21.66 feet;
THENCE North 86 Degrees 07 Minutes 53 Seconds East, with the
north line of the Woodard Ranch West, LP tract, the south line of
the called 182.9495 acre tract described in deed to the Texas
Renaissance Festival, Inc. recorded under Volume 565, Page 23 of
the Deed Records of Grimes County, and with the south line of the
tract described in deed to Clifford Largent recorded under Volume
265, Page 369 of the Deed Records of Grimes County, a distance of
2146.80 feet to a 1 1/2 inch iron pipe found for corner;
THENCE North 06 Degrees 53 Minutes 24 Seconds West, with the
west line of the Woodard Ranch West, LP tract and the east line of
the Texas Renaissance Festival tract, a distance of 1856.50 feet to
a concrete monument found for corner;
THENCE North 3 Degrees 32 Minutes 02 Seconds West, with the
west line of the Woodard Ranch West, LP tract, the east line of the
Texas Renaissance Festival tract, the east line of the called
36.706 acre tract described in deed to Autry Maywald recorded under
Volume 696, Page 103, the east line of the called 16.0 acre tract
described in deed to Michael Cotie recorded under Volume 362, Page
558, and also with the east line of the H. M. Bullock Survey,
Abstract 96 Grimes County, and with the west line of the Alexander
Robblis Survey, Abstract 400 Grimes County, a distance of 2064.64
feet to a 5/8 inch iron rod with cap marked "Carter &. Burgess" set
for corner;
THENCE North 87 Degrees 31 Minutes 54 Seconds East, departing
the east line of the a H. M. Bullock Survey and with the west line of
the Alexander Robblis Survey, a distance of 12655.49 feet to the
POINT OF BEGINNING and containing 4,286.698 acres less the
following save and except 0.057 acre tract.
SAVE & EXCEPT
Description of a 0.057 acre tract of land, being that called
0.057 acre tract described in deed to Lufkin-Conroe Telephone
Exchange recorded under Montgomery County Clerk File Number
9556511, and located in the Joseph G. Ferguson Survey, Abstract
221, Montgomery County, Texas, and more particularly described as
follows:
COMMENCING at a 5/8 inch iron rod with cap marked "Carter &
Burgess" set in the west right-of-way of FM 1774 (100.0 feet wide
per Volume 219, Page 423, Volume 252, Page 343, Volume 252, Page
344, Volume 257, Page 71, Volume 254, Page 556, Volume 215, Page
512, and Volume 218, Page 2 of Montgomery County Deed Records) and
in the north line of said Woodard Ranch West, LP tract and the south
line of the called 1,995.300 acre tract described in Special
Warranty Deed to the Charles Eugene Campbell Marital Trust recorded
under Montgomery County Clerk's File Number 2004-058220;
THENCE South 02 Degrees 34 Minutes 58 Seconds East, with west
right-of-way line of FM 1486, a distance of 3459.37 feet to a set
5/8 inch iron rod with cap marked "Carter & Burgess";
THENCE South 03 Degrees 11 Minutes 11 Seconds East,
continuing with the west right-of-way of FM 1486, a distance 20.24
feet to a point for corner;
THENCE South 87 Degrees 45 Minutes 51 Seconds West, with the
south line of the 20 feet wide easement described in deed to
Lufkin-Conroe Telephone Exchange recorded under Montgomery County
Clerk's File Number 9556511, a distance of 99.52 feet to a 5/8 inch
iron rod with cap marked "Carter & Burgess" set for the southeast
corner of said Lufkin-Conroe Telephone Exchange called 0.057 acre
tract and POINT OF BEGINNING of the herein described tract;
THENCE South 87 Degrees 45 Minutes 51 Seconds West, with the
south line of said Lufkin-Conroe Telephone Exchange tract and a
north line of the tracts described in Special Warranty Deed to
Magnolia Timber Partners LP recorded under Volume 553, Page 001 of
the Deed Records of Waller County, Texas, Volume 849, Page 205 of
the Deed Records of Grimes County, Texas, and Montgomery County
Clerk's File Number 968009, a distance of 50.00 feet to a 1/2 inch
iron rod found for the southwest corner of said Lufkin-Conroe
Telephone Exchange tract;
THENCE 02 Degrees 14 Minutes 09 Seconds West, with the west
line of said Lufkin-Conroe Telephone Exchange tract and a east line
of said Woodard Ranch West, LP tract, a distance of 50.00 feet to a
1/2 inch iron rod found for the northwest corner of said
Lufkin-Conroe Telephone Exchange tract;
THENCE North 87 Degrees 45 Minutes 511 Seconds East, with the
north line of said Lufkin-Conroe Telephone Exchange tract and a
south line of said Woodard Ranch West; LP tract, a distance of 50.00
feet to a 1/2 inch iron rod found for the northeast corner of said
Lufkin-Conroe Telephone Exchange tract;
THENCE South 02 Degrees 14 Minutes 09 Seconds East, with the
east line of said Lufkin-Conroe Telephone Exchange tract and a west
line of said Woodard Ranch West, LP tract, a distance of 50.00 feet
to the POINT OF BEGINNING and containing 0.057 acre of land.
TRACT TWO:
Description of 1,445.197 acres of land out of the called
2,323.214 acre tract described in Special Warranty Deed from BST
Timberlands of Texas, L.P. to Woodard Ranch Partners, L P recorded
August 26, 2005 under Montgomery County Clerk File Number
2005-095962 of the real property records of Montgomery County,
Texas, and located in the William Stansbury Survey, Abstract 508
and the Thomas G. Allen Survey, Abstract 64, Montgomery County,
Texas and more particularly described as follows:
BEGINNING at a concrete monument found in the east
right-of-way line of FM 1486 (100 feet wide) recorded under Volume
219, Page 423, Volume 252, Page 343, Volume 252, Page 344, Volume
257, Page 71, Volume 254, Page 556, Volume 215, Page 512 and Volume
218, Page 2 of the Deed Records of Montgomery County, Texas in the
south line of said Woodard Ranch Partners, L.P. called 2,323 214
acre tract, and the northwest corner of the called 9.9999 acre tract
described in deed to Joanne Moore recorded under Montgomery County
Clerk's File Number 2003-042415;
THENCE North 02 degrees 53 minutes 38 seconds West, with the
east right-of-way line of FM 1486, a distance of 1,165.37 feet to a
concrete monument found for the southwest corner of the called
29.397 acre tract described in deed to M. L. Maciejeski recorded
under Volume 259, Page 791 of Montgomery County Deed Records and in
the north line of said Woodard Ranch Partners, L.P. tract;
THENCE North 87 degrees 12 minutes 36 seconds East, with the
north line of said Woodard Ranch Partners, L.P. called 2,323.214
acre tract and the south line of the called 29.397 acre tract, a
distance of 1,681.98 feet to a point in a creek from which a set 5/8
inch iron rod with cap marked "Carter & Burgess" bears South 87
degrees 12 minutes 36 seconds West, a distance of 100.00 feet;
THENCE North 16 degrees 26 minutes 24 seconds West, with the
creek, a distance of 233.50 feet to a point for corner;
THENCE North 40 degrees 41 minutes 24 seconds West,
continuing with the creek, a distance of 123.30 feet to a point for
corner;
THENCE North 04 degrees 56 minutes 24 seconds West,
continuing with the creek, a distance of 207.40 feet to a point for
corner;
THENCE North 22 degrees 34 minutes 08 seconds West continuing
with the creek, a distance of 71.00 feet to a point for corner;
THENCE North 41 degrees 35 minutes 52 seconds East,
continuing with the creek, a distance of 71.50 feet to a point for
corner;
THENCE North 40 degrees 39 minutes 49 seconds West,
continuing with the creek, a distance of 187.91 feet to a point for
corner;
THENCE North 29 degrees 57 minutes 45 seconds West,
continuing with the creek, a distance of 450.22 to a point for
corner;
THENCE North 66 degrees 31 minutes 40 seconds West,
continuing with the creek, a distance of 308.15 feet to a point for
corner;
THENCE North 45 degrees 01 minutes 38 seconds West,
continuing with the creek, a distance of 363.18 feet to a point for
corner;
THENCE North 19 degrees 20 minutes 00 seconds West,
continuing with the creek, a distance of 259.64 feet to a point for
corner;
THENCE North 17 degrees 39 minutes 04 seconds West,
continuing with the creek, a distance of 394.32 feet to a point for
corner;
THENCE North 63 degrees 20 minutes 45 seconds West,
continuing with the creek, a distance of 56.90 feet to a point for
corner;
THENCE North 22 degrees 21 minutes 29 seconds West,
continuing with the creek, a distance of 480.58 feet to a point for
corner;
THENCE North 23 degrees 41 minutes 20 seconds West,
continuing with the creek, a distance of 263.57 feet to a point for
corner;
THENCE North 38 degrees 22 minutes 48 seconds West,
continuing with the creek, a distance of 427.55 feet to a 3/4 inch
iron rod found in the east right-of-way line of FM 1486;
THENCE North 02 degrees 42 minutes 57 seconds West, with the
east right-of-way line of FM 1486, a distance of 400.73 feet to a
concrete monument found for the southwest corner of the Convenient
County Estates Subdivision, Phase II, recorded under Cabinet H,
Sheet 79 B of Montgomery County Map Records and in the north line of
the William Stansbury Survey, Abstract 508 and the south line of the
William Stansbury Survey, Abstract 531;
THENCE North 87 degrees 22 minutes 40 seconds East, with the
north line of said Woodard Ranch Partners, L.P. tract, the south
line of the Convenient County Estates Subdivision, the north line
of the William Stansbury Survey, Abstract 508, and the south line of
the William Stansbury Survey, Abstract 531, a distance of 6,641.21
feet to a 5/8 inch iron rod found for corner;
THENCE North 87 degrees 10 minutes 42 seconds East,
continuing with the north line of said Woodard Ranch Partners, L.P.
tract and the south line of said Convenient County Estates, a
distance of 5,747.50 feet to a 4 inch iron pipe found for the
southeast corner of the Convenient County Estates Subdivision, a
northern corner of said Woodard Ranch Partners, L.P. tract, the
northeast corner of William Stansbury Survey, Abstract 192;
THENCE South 02 degrees 44 minutes 34 seconds East, with the
east line of said William Stansbury Survey and the west line of said
Jacob Eyler Survey, a distance of 1,243.66 feet to 3/4 inch iron
pipe found for a southern corner of said Woodard Ranch Partners,
L.P. tract, the northwest corner of the John T. Rockwell Survey,
Abstract 451 and the northwest corner of the. called 320 acre tract
described in deed to Dan H. Madeley recorded under Volume 414, Page
291 of Montgomery County Deed Records;
THENCE South 02 degrees 35 minutes 52 seconds East, with the
east line of said William Stansbury Survey, the east line of said
Woodard Ranch Partners, L.P. tract, and the west line of said John
T. Rockwell Survey, a distance of 4,322.67 feet to a 2 inch iron
pipe found for a southern corner of said Woodard Ranch Partners,
L.P. tract;
THENCE South 87 degrees 02 minutes 33 seconds West, with the
south line of the Woodard Ranch Partners, L.P. tract, the south line
of said William Stansbury Survey, and the north line of the called
131.230 acre tract described in deed to Raymond C. Rickett, Jr.
recorded under Montgomery County Clerk File Number 9719186, a
distance of 3,324.80 feet to a 1 inch iron pipe found for a southern
corner of said Woodard Ranch Partners, L.P. tract and the northwest
corner of said Raymond C. Rickett, Jr. tract;
THENCE South 02 degrees 46 minutes 27 seconds East, with the
east line of said Woodard Ranch Partners, L.P. tract and the west
line of said Raymond C. Rickett, Jr. tract, a distance of 1,264.55
feet to a 1 inch iron pipe found for a southern corner of said
Woodard Ranch Partners, L.P. tract, the southwest corner of said
Raymond C. Rickett, Jr. tract and in the north line of the called
209.46 acre tract described in deed to Christopher Rhodes recorded
under Montgomery County Clerk's File Number 9526828;
THENCE South 86 degrees 51 minutes 47 seconds West, with the
south line of said Woodard Ranch Partners, L.P. tract and the north
line of the Christopher Rhodes tract, a distance of 1,617.63 feet to
a 5/8 inch iron rod set for a southern corner of said Woodard Ranch
Partners, L.P. tract and the northwest corner of said Christopher
Rhodes tract, and in the west line of the Thomas G. Allen Survey;
THENCE North 03 degrees 11 minutes 35 seconds West, with the
west line of said Woodard Ranch Partners, L.P. tract and the east
line of the Magnolia East Unrecorded Subdivision described in deeds
recorded under Montgomery County Clerk's File Numbers 9019503,
8917284, 9770914, 99006599, 9750729, and 8913130, a distance of
1,975.88 feet to a 4 inch iron pipe found for the northeast corner
of said Magnolia East Unrecorded Subdivision, a southern corner of
said Woodard Ranch Partners, L.P. tract, the northeast corner of
the John Niles Survey, Abstract 396, and in the south line of the
William Stansbury Survey, Abstract 508;
THENCE South 87 degrees 20 minutes 16 seconds West, with the
south line of said Woodard Ranch Partners, L.P. tract and the north
line of said Magnolia East Unrecorded Subdivision described in
deeds recorded under Montgomery County Clerk's File Numbers
8913130, 2001-115769, 2000-102053, 8807383, 8502145, 9808626,
9207949, 8844012, 8303341, Volume 1163, Page 759, 2004-112602,
8436226, 9250650, 2002-018876, 9842447, 8751939, and 2003-042415
of Montgomery County Deed Records, at a distance of 797.74 feet
passing a set 5/8 inch iron rod with cap marked "Carter & Burgess",
a total distance of 7,414.45 feet to the POINT OF BEGINNING and
containing 1,445.197 acres of land.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 4. (a) If this Act does not receive a two-thirds
vote of all the members elected to each house, Subchapter C, Chapter
8257, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 8257.0307 to read as follows:
Sec. 8257.0307. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(b) This section is not intended to be an expression of a
legislative interpretation of the requirements of Section 17(c),
Article I, Texas Constitution.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.