Texas 2019 - 86th Regular

Texas Senate Bill SB2504 Compare Versions

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1-S.B. No. 2504
1+By: Creighton S.B. No. 2504
2+ (Bell of Montgomery)
23
34
5+ A BILL TO BE ENTITLED
46 AN ACT
57 relating to the creation of the Magnolia Woods Municipal Utility
68 District No. 1; granting a limited power of eminent domain;
79 providing authority to issue bonds; providing authority to impose
810 assessments, fees, and taxes.
911 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1012 SECTION 1. Subtitle F, Title 6, Special District Local Laws
1113 Code, is amended by adding Chapter 8257 to read as follows:
1214 CHAPTER 8257. MAGNOLIA WOODS MUNICIPAL UTILITY DISTRICT NO. 1
1315 SUBCHAPTER A. GENERAL PROVISIONS
1416 Sec. 8257.0101. DEFINITIONS. In this chapter:
1517 (1) "Board" means the district's board of directors.
1618 (2) "Commission" means the Texas Commission on
1719 Environmental Quality.
1820 (3) "Director" means a board member.
1921 (4) "District" means the Magnolia Woods Municipal
2022 Utility District No. 1.
2123 Sec. 8257.0102. NATURE OF DISTRICT. The district is a
2224 municipal utility district created under Section 59, Article XVI,
2325 Texas Constitution.
2426 Sec. 8257.0103. CONFIRMATION AND DIRECTOR ELECTION
2527 REQUIRED. The temporary directors shall hold an election to
2628 confirm the creation of the district and to elect five permanent
2729 directors as provided by Section 49.102, Water Code.
2830 Sec. 8257.0104. CONSENT OF MUNICIPALITY REQUIRED. The
2931 temporary directors may not hold an election under Section
3032 8257.0103 until each municipality in whose corporate limits or
3133 extraterritorial jurisdiction the district is located has
3234 consented by ordinance or resolution to the creation of the
3335 district and to the inclusion of land in the district.
3436 Sec. 8257.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
3537 (a) The district is created to serve a public purpose and benefit.
3638 (b) The district is created to accomplish the purposes of:
3739 (1) a municipal utility district as provided by
3840 general law and Section 59, Article XVI, Texas Constitution; and
3941 (2) Section 52, Article III, Texas Constitution, that
4042 relate to the construction, acquisition, improvement, operation,
4143 or maintenance of macadamized, graveled, or paved roads, or
4244 improvements, including storm drainage, in aid of those roads.
4345 Sec. 8257.0106. INITIAL DISTRICT TERRITORY. (a) The
4446 district is initially composed of the territory described by
4547 Section 2 of the Act enacting this chapter.
4648 (b) The boundaries and field notes contained in Section 2 of
4749 the Act enacting this chapter form a closure. A mistake made in the
4850 field notes or in copying the field notes in the legislative process
4951 does not affect the district's:
5052 (1) organization, existence, or validity;
5153 (2) right to issue any type of bond for the purposes
5254 for which the district is created or to pay the principal of and
5355 interest on a bond;
5456 (3) right to impose a tax; or
5557 (4) legality or operation.
5658 SUBCHAPTER B. BOARD OF DIRECTORS
5759 Sec. 8257.0201. GOVERNING BODY; TERMS. (a) The district
5860 is governed by a board of five elected directors.
5961 (b) Except as provided by Section 8257.0202, directors
6062 serve staggered four-year terms.
6163 Sec. 8257.0202. TEMPORARY DIRECTORS. (a) The temporary
6264 board consists of:
6365 (1) Paul West;
6466 (2) Lisa Belus;
6567 (3) Ashley Bird;
6668 (4) Craig Lobel; and
6769 (5) Ty Hunter Fox.
6870 (b) Temporary directors serve until the earlier of:
6971 (1) the date permanent directors are elected under
7072 Section 8257.0103; or
7173 (2) the fourth anniversary of the effective date of
7274 the Act enacting this chapter.
7375 (c) If permanent directors have not been elected under
7476 Section 8257.0103 and the terms of the temporary directors have
7577 expired, successor temporary directors shall be appointed or
7678 reappointed as provided by Subsection (d) to serve terms that
7779 expire on the earlier of:
7880 (1) the date permanent directors are elected under
7981 Section 8257.0103; or
8082 (2) the fourth anniversary of the date of the
8183 appointment or reappointment.
8284 (d) If Subsection (c) applies, the owner or owners of a
8385 majority of the assessed value of the real property in the district
8486 may submit a petition to the commission requesting that the
8587 commission appoint as successor temporary directors the five
8688 persons named in the petition. The commission shall appoint as
8789 successor temporary directors the five persons named in the
8890 petition.
8991 SUBCHAPTER C. POWERS AND DUTIES
9092 Sec. 8257.0301. GENERAL POWERS AND DUTIES. The district
9193 has the powers and duties necessary to accomplish the purposes for
9294 which the district is created.
9395 Sec. 8257.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
9496 DUTIES. The district has the powers and duties provided by the
9597 general law of this state, including Chapters 49 and 54, Water Code,
9698 applicable to municipal utility districts created under Section 59,
9799 Article XVI, Texas Constitution.
98100 Sec. 8257.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
99101 52, Article III, Texas Constitution, the district may design,
100102 acquire, construct, finance, issue bonds for, improve, operate,
101103 maintain, and convey to this state, a county, or a municipality for
102104 operation and maintenance macadamized, graveled, or paved roads, or
103105 improvements, including storm drainage, in aid of those roads.
104106 Sec. 8257.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
105107 road project must meet all applicable construction standards,
106108 zoning and subdivision requirements, and regulations of each
107109 municipality in whose corporate limits or extraterritorial
108110 jurisdiction the road project is located.
109111 (b) If a road project is not located in the corporate limits
110112 or extraterritorial jurisdiction of a municipality, the road
111113 project must meet all applicable construction standards,
112114 subdivision requirements, and regulations of each county in which
113115 the road project is located.
114116 (c) If the state will maintain and operate the road, the
115117 Texas Transportation Commission must approve the plans and
116118 specifications of the road project.
117119 Sec. 8257.0305. COMPLIANCE WITH MUNICIPAL CONSENT
118120 ORDINANCE OR RESOLUTION. The district shall comply with all
119121 applicable requirements of any ordinance or resolution that is
120122 adopted under Section 54.016 or 54.0165, Water Code, and that
121123 consents to the creation of the district or to the inclusion of land
122124 in the district.
123125 Sec. 8257.0306. DIVISION OF DISTRICT. (a) The district
124126 may be divided into two or more new districts only if the district:
125127 (1) has never issued any bonds; and
126128 (2) is not imposing ad valorem taxes.
127129 (b) This chapter applies to any new district created by the
128130 division of the district, and a new district has all the powers and
129131 duties of the district.
130132 (c) A new district created by the division of the district
131133 may not, at the time the new district is created, contain any land
132134 outside the area described by Section 2 of the Act enacting this
133135 chapter.
134136 (d) The board, on its own motion or on receipt of a petition
135137 signed by the owner or owners of a majority of the assessed value of
136138 the real property in the district, may adopt an order dividing the
137139 district.
138140 (e) The board may adopt an order dividing the district
139141 before or after the date the board holds an election under Section
140142 8257.0103 to confirm the district's creation.
141143 (f) An order dividing the district shall:
142144 (1) name each new district;
143145 (2) include the metes and bounds description of the
144146 territory of each new district;
145147 (3) appoint temporary directors for each new district;
146148 and
147149 (4) provide for the division of assets and liabilities
148150 between or among the new districts.
149151 (g) On or before the 30th day after the date of adoption of
150152 an order dividing the district, the district shall file the order
151153 with the commission and record the order in the real property
152154 records of each county in which the district is located.
153155 (h) A new district created by the division of the district
154156 shall hold a confirmation and directors' election as required by
155157 Section 8257.0103.
156158 (i) If the creation of the new district is confirmed, the
157159 new district shall provide the election date and results to the
158160 commission.
159161 (j) Any new district created by the division of the district
160162 must hold an election as required by this chapter to obtain voter
161163 approval before the district may impose a maintenance tax or issue
162164 bonds payable wholly or partly from ad valorem taxes.
163165 (k) Municipal consent to the creation of the district and to
164166 the inclusion of land in the district granted under Section
165167 8257.0104 acts as municipal consent to the creation of any new
166168 district created by the division of the district and to the
167169 inclusion of land in the new district.
168170 SUBCHAPTER D. DEFINED AREAS
169171 Sec. 8257.0401. AUTHORITY TO ESTABLISH DEFINED AREAS OR
170172 DESIGNATED PROPERTY. The district may define areas or designate
171173 certain property of the district to pay for improvements,
172174 facilities, or services that primarily benefit that area or
173175 property and do not generally and directly benefit the district as a
174176 whole.
175177 Sec. 8257.0402. PROCEDURE FOR ELECTION. (a) Before the
176178 district may impose an ad valorem tax applicable only to the defined
177179 area or designated property or issue bonds payable from ad valorem
178180 taxes of the defined area or designated property, the board shall
179181 hold an election in the defined area or designated property only.
180182 (b) The board may submit the proposition to the voters on
181183 the same ballot to be used in another election.
182184 Sec. 8257.0403. DECLARING RESULT AND ISSUING ORDER.
183185 (a) If a majority of the voters voting at the election held under
184186 Section 8257.0402 approve the proposition or propositions, the
185187 board shall declare the results and, by order, shall establish the
186188 defined area or designated property and describe it by metes and
187189 bounds or designate the specific area or property.
188190 (b) A court may not review the board's order except on the
189191 ground of fraud, palpable error, or arbitrary and confiscatory
190192 abuse of discretion.
191193 Sec. 8257.0404. TAXES FOR SERVICES, IMPROVEMENTS, AND
192194 FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter
193195 approval and adoption of the order described by Section 8257.0403,
194196 the district may apply separately, differently, equitably, and
195197 specifically its taxing power and lien authority to the defined
196198 area or designated property to provide money to construct,
197199 administer, maintain, and operate services, improvements, and
198200 facilities that primarily benefit the defined area or designated
199201 property.
200202 Sec. 8257.0405. ISSUANCE OF BONDS FOR DEFINED AREA OR
201203 DESIGNATED PROPERTY. After the order under Section 8257.0403 is
202204 adopted, the district may issue bonds to provide for any land,
203205 improvements, facilities, plants, equipment, and appliances for
204206 the defined area or designated property.
205207 SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
206208 Sec. 8257.0501. ELECTIONS REGARDING TAXES OR BONDS.
207209 (a) The district may issue, without an election, bonds and other
208210 obligations secured by:
209211 (1) revenue other than ad valorem taxes; or
210212 (2) contract payments described by Section 8257.0503.
211213 (b) The district must hold an election in the manner
212214 provided by Chapters 49 and 54, Water Code, to obtain voter approval
213215 before the district may impose an ad valorem tax or issue bonds
214216 payable from ad valorem taxes.
215217 (c) The district may not issue bonds payable from ad valorem
216218 taxes to finance a road project unless the issuance is approved by a
217219 vote of a two-thirds majority of the district voters voting at an
218220 election held for that purpose.
219221 Sec. 8257.0502. OPERATION AND MAINTENANCE TAX. (a) If
220222 authorized at an election held under Section 8257.0501, the
221223 district may impose an operation and maintenance tax on taxable
222224 property in the district in accordance with Section 49.107, Water
223225 Code.
224226 (b) The board shall determine the tax rate. The rate may not
225227 exceed the rate approved at the election.
226228 Sec. 8257.0503. CONTRACT TAXES. (a) In accordance with
227229 Section 49.108, Water Code, the district may impose a tax other than
228230 an operation and maintenance tax and use the revenue derived from
229231 the tax to make payments under a contract after the provisions of
230232 the contract have been approved by a majority of the district voters
231233 voting at an election held for that purpose.
232234 (b) A contract approved by the district voters may contain a
233235 provision stating that the contract may be modified or amended by
234236 the board without further voter approval.
235237 SUBCHAPTER F. BONDS AND OTHER OBLIGATIONS
236238 Sec. 8257.0601. AUTHORITY TO ISSUE BONDS AND OTHER
237239 OBLIGATIONS. The district may issue bonds or other obligations
238240 payable wholly or partly from ad valorem taxes, impact fees,
239241 revenue, contract payments, grants, or other district money, or any
240242 combination of those sources, to pay for any authorized district
241243 purpose.
242244 Sec. 8257.0602. TAXES FOR BONDS. At the time the district
243245 issues bonds payable wholly or partly from ad valorem taxes, the
244246 board shall provide for the annual imposition of a continuing
245247 direct ad valorem tax, without limit as to rate or amount, while all
246248 or part of the bonds are outstanding as required and in the manner
247249 provided by Sections 54.601 and 54.602, Water Code.
248250 Sec. 8257.0603. BONDS FOR ROAD PROJECTS. At the time of
249251 issuance, the total principal amount of bonds or other obligations
250252 issued or incurred to finance road projects and payable from ad
251253 valorem taxes may not exceed one-fourth of the assessed value of the
252254 real property in the district.
253255 SECTION 2. The Magnolia Woods Municipal Utility District
254256 No. 1 initially includes all the territory contained in the
255257 following area:
256258 TRACT ONE:
257259 Description of a 4,286.698 acre tract of land, Save and
258260 Except a 0.057 acre tract described in Warranty Deed to
259261 Lufkin-Conroe Telephone Exchange recorded under Montgomery County
260262 Clerk's File Number 9556511, out of the called 4,300.288 acre tract
261263 described in Special Warranty Deed from BST Timberlands of Texas to
262264 Woodard Ranch West, LP, recorded under Montgomery County Clerk's
263265 File Number 2005-064857 and also out of the tracts described in
264266 Special Warranty Deed to Magnolia Timber Partners, LP recorded
265267 under Volume 553, Page 001 of the Deed Records of Waller County
266268 Texas, Volume 849, Page 205 of the Deed Records of Grimes County,
267269 Texas, and Montgomery County Clerk's File Number 968009; and
268270 located in the Joseph C. Ferguson Survey, Abstract 221, Montgomery
269271 County, Alexander Robblis Survey, Abstract 464, Montgomery County
270272 and Abstract 400, Grimes County, H. M. Bullock Survey, Abstract 96,
271273 Grimes County, Robert Elgin Survey, Abstract 199, Montgomery
272274 County, R. O. Lusk Survey, Abstract 312, Montgomery County, and
273275 Abstract 299 Grimes County James M. Hamm Survey, Abstract 263,
274276 Montgomery County, James Pierpont Survey, Abstract 426, Montgomery
275277 County, Robert Watson Survey, Abstract 605, Montgomery County and
276278 Abstract 271, Waller County, and also located in Grimes County,
277279 Waller County, and Montgomery County, Texas and more particularly
278280 described as follows:
279281 BEGINNING at a 5/8 inch iron rod with cap marked "Carter &
280282 Burgess" set in the west right-of-way of FM 1774 (100.0 feet wide
281283 per Volume 219, Page 423, Volume 252, Page 343, Volume 252, Page
282284 344, Volume 257, Page 71, Volume 254, Page 556, Volume 215, Page
283285 512, and Volume 218, Page 2 of Montgomery County Deed Records) and
284286 in the north line of said Woodard Ranch West, LP tract and the south
285287 line of the called 1,995.300 acre tract described in Special
286288 Warranty Deed to the Charles Eugene Campbell Marital Trust recorded
287289 under Montgomery County Clerk's File Number 2004-058220;
288290 THENCE South 02 Degrees 34 Minutes 58 Seconds East, with west
289291 right-of-way line of FM 1486, a distance of 3459.57 feet to a set
290292 5/8 inch iron rod with rap marked "Carter & Burgess";
291293 THENCE South 03 Degrees 11 Minutes 11 Seconds East,
292294 continuing with the west right-of-way line of FM 1486, a distance of
293295 2100.08 feet to a 5/8 inch iron rod with cap marked "Carter &
294296 Burgess" set for the northeast corner of a called 30.7877 acre tract
295297 described in deed to Tim Halfin recorded under Montgomery County
296298 Clerk's File Number 9868341;
297299 THENCE South 02 Degrees 34 Minutes 20 Seconds East,
298300 continuing with the west right-of-way line of FM 1486, a distance of
299301 551.60 feet to a 5/8 inch iron rod with rap marked "Carter &
300302 Burgess" set for corner;
301303 THENCE South 87 Degrees 03 Minutes 39 Seconds West, with the
302304 north line of said Tim Halfin tract and the south line of said
303305 Woodard Ranch West, LP tract, at a distance of 4.17 feet passing a
304306 rod in concrete, a total distance of 1433.74 feet to a 1 inch iron
305307 pipe found for the northwest corner of said Rim Halfin tract and a
306308 corner of said Woodard Ranch West, LP tract;
307309 THENCE South 02 Degrees 57 Minutes 58 Seconds East, with the
308310 west line of the said Jack Halfin tract, the west line of the called
309311 7.50 acre tract described in deed to Robert Mautz recorded under
310312 Montgomery County Clerk's File Number 9895592, the west line of the
311313 called 5.00 acre tract described in deed to Fred Muzkya recorded
312314 under Montgomery County Clerk's File Number 99074582, the west line
313315 of the called 10 acre tract described in deed to Fred Muyzka
314316 recorded under Montgomery County Clerk's File Number 99074581, the
315317 west line of the called 10.00 acre tract described in deed to David
316318 McDonald recorded under Montgomery County Clerk File Number
317319 9812063, and the west line of the called 60.80 acre tract described
318320 in deed to Brenda Smith recorded under Montgomery County Clerk's
319321 File Number 8005582, and the east line of said Woodard Ranch West,
320322 LP tract, a distance of 3750.82 feet to a bolt in concrete found for
321323 the northwest corner of said Brenda Smith tract and a corner of said
322324 Woodard Ranch West, LP tract;
323325 THENCE North 87 Degrees 05 Minutes 09 Seconds East, with the
324326 south line of said Brenda Smith tract and the north line of said
325327 Woodard Ranch West, LP tract, at a distance of 1411.99 feet passing
326328 a found concrete monument, a total distance of 1416.40 feet to a 5/8
327329 inch iron rod with cap marked "Carter & Burgess" set for corner in
328330 the west right-of-way line of FM 1486;
329331 THENCE South 02 Degrees 44 Minutes 42 Seconds East, with the
330332 west right-of-way line of FM 1486, a distance of 196.91 feet to a
331333 5/8 inch iron rod with cap marked "Carter & Burgess" set for corner;
332334 THENCE South 02 Degrees 56 Minutes 32 Seconds East, with the
333335 west right-of-way line of FM 1486, a distance of 1741.20 feet to a
334336 5/8 inch iron rod with cap masked "Carter& Burgess" set for the
335337 northeast corner of the called 10.00 acre tract described in deed to
336338 Magnolia Independent School District recorded under Montgomery
337339 County Clerk's File Number 9350680;
338340 THENCE South 87 Degrees 11 Minutes 27 Seconds West, with the
339341 north line of said Magnolia Independent School District tract and
340342 the south line of said Woodard Ranch West, LP tract, a distance of
341343 661.95 feet to a 5/8 inch iron rod with cap found for the northwest
342344 corner of said Magnolia Independent School District;
343345 THENCE South 02 Degrees 48 Minutes 41 Seconds East, with the
344346 west line of said Magnolia Independent School District tract and
345347 the east line of said Woodard Ranch West, LP tract, a distance of
346348 660.21, feet to a 5/8 inch iron rod with cap found for the southwest
347349 corner of said Magnolia Independent School District tract;
348350 THENCE North 87 Degrees 10 Minutes 30 Seconds East, with the
349351 south line of said Magnolia Independent School District tract and
350352 the north line of said Woodard Ranch West, LP tract, a distance of
351353 663.46 feet to a 5/8 inch iron rod with cap marked "Carter &
352354 Burgess" act in the west right-of-way line of FM 1486;
353355 THENCE South 02 Degrees 56 Minutes 32 Seconds East, with the
354356 west right-of-way line of FM 1486, a distance of 1510.35 feet to a
355357 set 5/8 inch iron rod with cap marked "Carter& Burgess";
356358 THENCE South 01 Degrees 35 Minutes 42 Seconds East,
357359 continuing with the west right-of-way line of FM 1486, a distance of
358360 755.41 feet to a point in the center of Mill Creek;
359361 THENCE with the center of Mill Creek the following calls:
360362 North 66 Degrees 29 Minutes 42 Seconds West, a distance of 153
361363 feet;
362364 North 47 Degrees 03 Minutes 46 Seconds West, a distance of
363365 25.15 feet;
364366 North 15 Degrees 23 Minutes 49 Seconds West, a distance of
365367 34.41 feet;
366368 North 50 Degrees 04 Minutes 47 Seconds West, a distance of
367369 42.44 feet;
368370 North 69 Degrees 33 Minutes 31 Seconds West a distance 53.78
369371 feet;
370372 North 51 Degrees 00 Minutes 58 Seconds West, a distance of
371373 148.95 feet;
372374 North 21 Degrees 18 Minutes 25 Seconds West, a distance of
373375 69.98 feet;
374376 South 74 Degrees 51 Minutes 13 Seconds West, a distance of
375377 120.60 feet;
376378 North 41 Degrees 09 Minutes 02 Seconds West, a distance of
377379 46.98 feet;
378380 North 21 Degrees 20 Minutes 56 Seconds West, a distance of
379381 117.72 feet;
380382 North 50 Degrees 52 Minutes 08 Seconds West, a distance of
381383 74.60 feet;
382384 North 24 Degrees 19 Minutes 33 Seconds West, a distance of
383385 53.22 feet;
384386 North 87 Degrees 17 Minutes 11 Seconds West, a distance 46.99
385387 feet;
386388 South 69 Degrees 05 Minutes 22 Seconds West, a distance of
387389 180.84 feet;
388390 South 43 Degrees 04 Minutes 37 Seconds West, a distance of
389391 126.16 feet;
390392 South 74 Degrees 00 Minutes 22 Seconds West, a distance of
391393 56.30 feet;
392394 South 83 Degrees 01 Minutes 41 Seconds West, a distance of
393395 110.13 feet;
394396 South 76 Degrees 38 Minutes 10 Seconds West, a distance of
395397 52.88 feet,
396398 North 50 Degrees 24 Minutes 09 Seconds West, a distance of
397399 125.15 feet;
398400 North 74 Degrees 07 Minutes 57 Seconds West, a distance of
399401 104.06 feet,
400402 North 48 Degrees 05 Minutes 58 Seconds West, a distance of
401403 76.65 feet;
402404 North 58 Degrees 18 Minutes 08 Seconds West, a distance of
403405 111.05 feet;
404406 North 86 Degrees 46 Minutes 10 Seconds West, a distance of
405407 32.03 feet;
406408 South 12 Degrees 23 Minutes 06 Seconds West, a distance of
407409 95.06 feet;
408410 South 54 Degrees 16 Minutes 54 Seconds West, a distance of
409411 67.33 feet;
410412 South 18 Degrees 21 Minutes 22 Seconds West; a distance of
411413 72.49 feet;
412414 North 84 Degrees 12 Minutes 58 Seconds West, a distance of
413415 94.80 feet;
414416 South 70 Degrees 02 Minutes 40 Seconds West, a distance of
415417 148.00 feet;
416418 North 19 Degrees 36 Minutes 03 Seconds West, a distance of
417419 23.54 feet;
418420 North 0 Degrees 13 Minutes 43 Seconds West, a distance of
419421 60.16 feet;
420422 North 55 Degrees 29 Minutes 43 Seconds West, a distance of
421423 46.99 feet;
422424 South 81 Degrees 09 Minutes 48 Seconds West, a distance of
423425 55.26 feet;
424426 South 54 Degrees 46 Minutes 58 Seconds West, a distance of
425427 160.79 feet;
426428 South 46 Degrees 36 Minutes 18 Seconds West, a distance of
427429 71.94 feet;
428430 North 88 Degrees 40 Minutes 16 Seconds West, a distance of
429431 68.48 feet;
430432 South 3 Degrees 03 Minutes 49 Seconds East a distance of
431433 103.80 feet;
432434 South 58 Degrees 10 Minutes 14 Seconds West, a distance of
433435 99.77 feet;
434436 North 69 Degrees 43 Minutes 47 Seconds West, a distance of
435437 111.89 feet;
436438 North 5 Degrees 02 Minutes 25 Seconds West; a distance of
437439 142.38 feet;
438440 North 39 Degrees 45 Minutes 16 Seconds West a distance of
439441 17.27 feet;
440442 North 38 Degrees 58 Minutes 20 Seconds West, a distance of
441443 20.56 feet;
442444 South 72 Degrees 58 Minutes 37 Seconds West, a distance of
443445 107.26 feet,
444446 North 35 Degrees 30 Minutes 48 Seconds West, a distance of
445447 52.44 feet;
446448 North 75 Degrees 00 Minutes 07 Seconds East; a distance of
447449 44.76 feet;
448450 North 49 Degrees 16 Minutes 57 Seconds West, a distance of
449451 76.44 feet;
450452 South 76 Degrees 18 Minutes 51 Seconds West, a distance of
451453 124.20 feet;
452454 North 79 Degrees 16 Minutes 32 Seconds West, a distance of
453455 163.51 feet;
454456 South 51 Degrees 38 Minutes 22 Seconds West, a distance of
455457 65.74 feet,
456458 South 59 Degrees 16 Minutes 59 Seconds East, a distance of
457459 87.74 feet;
458460 South 62 Degrees 51 Minutes 02 Seconds West, a distance of
459461 105.40 feet;
460462 South 86 Degrees 13 Minutes 08 Seconds West, a distance of
461463 127.37 feet;
462464 North 59 Degrees 15 Minutes 27 Seconds West, a distance of
463465 20.51 feet;
464466 North 12 Degrees 05 Minutes 23 Seconds East, a distance of
465467 42.25 feet;
466468 North 66 Degrees 09 Minutes 22 Seconds West, a distance of
467469 45.72 feet;
468470 South 75 Degrees 11 Minutes 42 Seconds West, a distance of
469471 98.33 feet;
470472 South 30 Degrees 35 Minutes 00 Seconds West, a distance of
471473 152.59 feet;
472474 South 6 Degrees 03 Minutes 19 Seconds East, a distance of
473475 32.22 feet;
474476 South 31 Degrees 53 Minutes 33 Seconds East, a distance of
475477 101.56 feet;
476478 South 55 Degrees 27 Minutes 10 Seconds East, a distance of
477479 105.07 feet;
478480 South 33 Degrees 52 Minutes 46 Seconds West, a distance of
479481 68.75 feet;
480482 South 78 Degrees 25 Minutes 54 Seconds West, a distance of
481483 207.12 feet;
482484 North 84 Degrees 39 Minutes 12 Seconds a distance of 159.86
483485 feet;
484486 North 18 Degrees 00 Minutes 22 Seconds West, a distance of
485487 92.87 feet;
486488 North 35 Degrees 15 Minutes 57 Seconds East, a distance of
487489 85.03 feet;
488490 North 33 Degrees 03 Minutes 10 Seconds West, a distance of
489491 135.81 feet;
490492 North 36 Degrees 04 Minutes 39 Seconds East, a distance of
491493 78.18 feet;
492494 North 33 Degrees 09 Minutes 02 Seconds West, a distance of
493495 95.91 feet;
494496 North 84 Degrees 40 Minutes 30 Seconds West, a distance of
495497 210.32 feet;
496498 South 51 Degrees 35 Minutes 52 Seconds West, a distance of
497499 36.19 feet;
498500 South 50 Degrees 27 Minutes 50 Seconds East, a distance of
499501 33.36 feet;
500502 North 63 Degrees 52 Minutes 38 Seconds East, a distance of 22.
501503 30 feet;
502504 South 15 Degrees 55 Minutes 37 Seconds East, a distance of
503505 37.13 feet;
504506 South 47 Degrees 10 Minutes 49 Seconds West, a distance of
505507 48.72 feet;
506508 South 86 Degrees 10 Minutes 28 Seconds West, a distance of
507509 167.22 feet;
508510 South 52 Degrees 25 Minutes 53 Seconds West, a distance of
509511 246.19 feet;
510512 South 40 Degrees 38 Minutes 57 Seconds West, a distance of
511513 74.90 feet;
512514 North 74 Degrees 19 Minutes 02 Seconds West, a distance of
513515 92.79 feet;
514516 South 69 Degrees 10 Minutes 55 Seconds West, a distance of
515517 66.48 feet;
516518 North 48 Degrees 06 Minutes 52 Seconds West, a distance of
517519 60.65 feet;
518520 South 72 Degrees 19 Minutes 16 Seconds West, a distance of
519521 30.00 feet;
520522 South 2 Degrees 12 Minutes 42 Seconds East, a distance of
521523 54.18 feet;
522524 South 30 Degrees 24 Minutes 19 Seconds West, a distance of
523525 70.78 feet;
524526 South 66 Degrees 36 Minutes 03 Seconds West, a distance of
525527 147.99 feet;
526528 North 59 Degrees 24 Minutes 18 Seconds West, a distance of
527529 64.04 feet;
528530 North 81 Degrees 46 Minutes 49 Seconds West, a distance of
529531 149.37 feet;
530532 North 52 Degrees 20 Minutes 57 Seconds West, a distance of
531533 89.40 feet;
532534 South 89 Degrees 42 Minutes 29 Seconds West, a distance of
533535 53.97 feet;
534536 South 29 Degrees 38 Minutes 45 Seconds West, a distance of
535537 206.94 feet;
536538 South 54 Degrees 20 Minutes 53 Seconds West, a distance of
537539 99.96 feet;
538540 South 37 Degrees 00 Minutes 20 Seconds West, a distance of
539541 183.95 feet;
540542 South 7 Degrees 16 Minutes 40 Seconds East, a distance of
541543 66.68 feet;
542544 South 18 Degrees 37 Minutes 13 Seconds West, a distance of
543545 145.00 feet;
544546 South 50 Degrees 55 Minutes 33 Seconds West a distance of
545547 50.37 feet;
546548 South 81 Degrees 25 Minutes 05 Seconds West, a distance of
547549 117.81. feet;
548550 South 43 Degrees 33 Minutes 33 Seconds West, a distance of
549551 214.19 feet;
550552 South 55 Degrees 56 Minutes 20 Seconds West, a distance of
551553 199.82 feet;
552554 North 86 Degrees 30 Minutes 30 Seconds West, a distance of
553555 66.04 feet;
554556 North 39 Degrees 31 Minutes 13 Seconds West, a distance of
555557 73.41 feet,
556558 North 24 Degrees 35 Minutes 20 Seconds West, a distance of
557559 20.52 feet;
558560 North 64 Degrees 12 Minutes 02 Seconds West, a distance of
559561 197.24 feet;
560562 North 42 Degrees 28 Minutes 22 Seconds West, a distance of
561563 185.27 feet;
562564 North 5 Degrees 07 Minutes 35 Seconds East, a distance of
563565 75.65 feet;
564566 North 19 Degrees 31 Minutes 28 Seconds West, a distance of
565567 44.62 feet;
566568 North 0 Degrees 27 Minutes 51 Seconds East, a distance of
567569 239.11 feet;
568570 North 27 Degrees 30 Minutes 15 Seconds East, a distance of
569571 83.52 feet;
570572 North 60 Degrees 50 Minutes 32 Seconds West, a distance of
571573 69.65 feet;
572574 South 79 Degrees 21 Minutes 19 Seconds West, a distance of
573575 191.59 feet;
574576 North 51 Degrees 02 Minutes 23 Seconds West, a distance of
575577 107.06 feet;
576578 North 13 Degrees 38 Minutes 34 Seconds West, a distance of
577579 156.05 feet;
578580 North 48 Degrees 55 Minutes 46 Seconds West, a distance of
579581 390.43 feet;
580582 North 36 Degrees 13 Minutes 39 Seconds West, a distance of
581583 166.29 feet;
582584 North 89 Degrees 35 Minutes 57 Seconds West, a distance of
583585 45.71 feet,
584586 South 61 Degrees 51 Minutes 40 Seconds West, a distance of
585587 198.79 feet;
586588 South 30 Degrees 04 Minutes 49 Seconds West, a distance of
587589 36.09 feet;
588590 South 20 Degrees 11 Minutes 29 Seconds East, a distance of
589591 96.61 feet;
590592 South 6 Degrees 08 Minutes 11 Seconds East, a distance of
591593 174.03 feet;
592594 South 7 Degrees 28 Minutes 44 Seconds West, a distance of
593595 106.64 feet,
594596 South 27 Degrees 41 Minutes 51 Seconds West, a distance of
595597 131.32 feet;
596598 South 4 Degrees 34 Minutes 07 Seconds West, a distance of
597599 152.56 feet;
598600 South 24 Degrees 50 Minutes 38 Seconds West, a distance of
599601 324.10 feet;
600602 North 62 Degrees 01 Minutes 07 Seconds West, a distance of
601603 59.93 feet;
602604 South 63 Degrees 06 Minutes 40 Seconds West, a distance of
603605 55.18 feet;
604606 South 11 Degrees 19 Minutes 06 Seconds West, a distance of
605607 17.89 feet;
606608 North 84 Degrees 39 Minutes 41 Seconds West, a distance of
607609 15.53 feet;
608610 South 27 Degrees 40 Minutes 44 Seconds West, a distance of
609611 52.50 feet;
610612 South 54 Degrees 48 Minutes 46 Seconds West, a distance of
611613 163.39 feet;
612614 South 1 degree 53 Minutes 56 Seconds East, a distance of 74.20
613615 feet;
614616 South 25 Degrees 46 Minutes 31 Seconds West; a distance of
615617 41.01 feet;
616618 South 43 Degrees 04 Minutes 41 Seconds West, a distance of
617619 153.67 feet;
618620 South 65 Degrees 24 Minutes 42 Seconds West, a distance of
619621 152.12 feet;
620622 South 85 Degrees 45 Minutes 56 Seconds West, a distance of
621623 59.54 feet;
622624 North 60 Degrees 55 Minutes 21 Seconds West, a distance of
623625 68.90 feet;
624626 North 14 Degrees 20 Minutes 24 Seconds West, a distance of
625627 145.46 feet;
626628 North 37 Degrees 47 Minutes 55 Seconds West, a distance of
627629 91.94 feet;
628630 North 17 Degrees 32 Minutes 20 Seconds West, a distance of
629631 83.43 feet;
630632 North 49 Degrees 24 Minutes 51 Seconds West; a distance of
631633 71.33 feet;
632634 North 15 Degrees 47 Minutes 09 Seconds West, a distance of
633635 79.77 feet;
634636 North 44 Degrees 54 Minutes 58 Seconds West, a distance of
635637 149.26 feet;
636638 South 78 Degrees 48 Minutes 22 Seconds West, a distance of
637639 104.91 feet;
638640 THENCE North 76 Degrees 24 Minutes 51 Seconds West; with the
639641 center of Mill Creek, a distance of 90.78 feet to the northwest
640642 corner of the called 73.594 acre tract described in deed to Ruel
641643 Sanders recorded under Volume 679 Page 212 of the Deed Records of
642644 Montgomery County;
643645 THENCE South 3 Degrees 17 Minutes 07 Seconds East, with the
644646 west line of said Ruel Sanders tract and the east line of the
645647 Magnolia Timber Partners tract, a distance of 19.89 feet to a 5/8
646648 inch iron rod with cap marked "Carter & Burgess" set for corner;
647649 THENCE South 86 Degrees 42 Minutes 53 Seconds West, with the
648650 north line of the called 103 acre tract described in deed to R. F.
649651 Sanders recorded under Volume 280, Page 301 of the Deed Records of
650652 Montgomery County and the south line of the Woodard Ranch West, LP
651653 tract, a distance of 1194.54 feet to a 5/8 inch iron rod with cap
652654 marked "Carter & Burgess" set for the northwest corner of said R. F.
653655 Sanders tract;
654656 THENCE South 3 Degrees 17 Minutes 07 Seconds East, with the
655657 east line of the Woodard Ranch West, LP tract and the west line of
656658 the said R. F. Sanders tract, a distance of 3635.69 feet to a 5/8
657659 inch iron rod with cap marked "Carter & Burgess" set for comer;
658660 THENCE South 2 Degrees 25 Minutes 09 Seconds East, continuing
659661 with the east line of the Woodard Ranch West, LP tract and the west
660662 line of the R. F. Sanders tract, a distance of 919.23 feet to a 5/8
661663 inch iron rod with cap marked "Carter & Burgess" set previous in the
662664 north right-of-way line of FM 1774 (60.0 feet wide per Volume 204,
663665 Page 522 of Montgomery County Deed Records);
664666 THENCE North 74 Degrees 43 Minutes 59 Seconds West, with the
665667 north right-of-way of FM 1774, a distance of 479.95 feet to a 5/8
666668 inch iron rod with cap marked "Carter & Burgess" set for the
667669 beginning of a curve to the right;
668670 THENCE in a northwesterly direction with the north
669671 right-of-way of FM 1774 and said curve to the right, having a radius
670672 of 1170.47 feet, a central angle of 30 Degrees 46 Minutes 39
671673 Seconds, a chord bearing of North 59 Degrees 20 Minutes 40 Seconds
672674 West, a chord distance of 621.21 feet, at an arc distance of 297
673675 feet crossing the Montgomery County and Waller County Line, a total
674676 arc distance of 628.74 feet to 5/8 inch iron rod with cap marked
675677 "Carter & Burgess" set for the point of tangency;
676678 THENCE North 43 Degrees 57 Minutes 20 Seconds West,
677679 continuing with the north right-of-way line of FM 1774, a distance
678680 of 574.51 feet to a 5/8 inch iron rod with cap marked "Carter &
679681 Burgess" set for corner;
680682 THENCE North 42 Degrees 58 Minutes 17 Seconds West,
681683 continuing with the north right-of-way line of FM 1774, a distance
682684 of 443.48 feet to a 5/8 inch iron rod with cap marked "Carter &
683685 Burgess" set for corner of the herein described tract and the
684686 southeast corner of a called 3.3907 acre tract described in deed to
685687 Chaminade Capital Corporation recorded under Volume 554, Page 571
686688 of the Waller County Deed Records, from which a found concrete
687689 monument bears South 02 Degrees 36 Minutes 21 Seconds East, a
688690 distance of 337.82 feet;
689691 THENCE North 02 Degrees 36 Minutes 21 Seconds West, with the
690692 east line of the Richard Prior Survey and the west tine of the
691693 Robert Watson Survey, Abstract 271 Waller County, also with the
692694 west line of the Woodard Ranch West, LP tract, the east line of the
693695 called 3.3907 acre tract described in deed to Chaminade Capital
694696 Corp. recorded under Volume 554, Page 571, the east line of the call
695697 3.3907 acre tract described in deed to Kevin Zabiegala recorded
696698 under Volume 559, Page 882, the east line of the called 3.3907 acre
697699 tract described in deed to Donna Hoyt recorded under Volume 414,
698700 Page 582, the east line of the tract described in deed to Randolph
699701 Hardee recorded under Volume 378, Page 911, the east line of the
700702 call 7.458 acre tract described in deed to Eugene Mattern recorded
701703 under Volume 531, Page 898, the east line of the called 56.0438 acre
702704 tract described in deed to Brenda Tolleson recorded under Volume
703705 474, Page 479, the east line of the called 19.755 acre tract
704706 described in deed to Eugene Mattern recorded under Volume 571, Page
705707 767, and the east line of the called 90.0 acre tract described in
706708 deed to Wm. F. Jackson recorded under Volume 168, Page 540 all of
707709 the Deed Records of Waller County, a distance of 6362 .56 feet to a
708710 5/8 inch iron rod with cap marked "Carter & Burgess" set for corner;
709711 THENCE North 02 Degrees 51 Minutes 14 Seconds West, with the
710712 west line of the Woodard Ranch West, LP tract, and the east line of
711713 Lake Hollyhill Acres subdivision recorded under Volume 275, Page
712714 292 of Grimes County Deed Records, a distance of 3169.95 feet to a
713715 square bolt in concrete found for corner;
714716 THENCE South 86 Degrees 55 Minutes 20 Seconds West, with the
715717 south line of the Woodard Ranch West, LP tract and the north line of
716718 Lake Hollyhill, a distance of 3150.62 feet to a 1/2 inch iron rod
717719 found for corner,
718720 THENCE North 3 Degrees 05 Minutes 22 Seconds West, with the
719721 west line of the Woodard Ranch West, LP tract and the east line of
720722 the called 19.484 acre tract, a distance of 954.90 feet to a 1/2
721723 inch iron rod found for corner;
722724 THENCE North 87 Degrees 05 Minutes 46 Seconds East, with the
723725 north line of the Woodard Ranch West, LP tract and with the south
724726 line of the tracts described in deeds to Todd Mission Farm recorded
725727 under Volume 427, Page 712 and Volume 450 Page 739 of the Deed
726728 Records of Grimes County, a distance of 366.94 feet to a 1/2 inch
727729 iron rod found for corner;
728730 THENCE North 2 Degrees 47 Minutes 46 Seconds West, with the
729731 west line of the Woodard Ranch West, LP tract and with the east line
730732 of said Todd Mission Farm tract, a distance of 1565.13 feet to a 1/2
731733 inch iron rod found for corner;
732734 THENCE South 87 Degrees 10 Minutes 42 Seconds West. with the
733735 south line of the Woodard Ranch West, LP tract and the north line of
734736 said Todd Mission Farm tract, a distance of 499.97 feet to a 1 1/2
735737 inch iron pipe found for corner;
736738 THENCE North 3 Degrees 34 Minutes 54 Seconds West, with the
737739 west line of the Woodard Ranch West, LP tract and the east line of
738740 the Todd Mission Farm tract, a distance of 1112.04 feet to a 3/8
739741 inch iron rod found for corner;
740742 THENCE North 04 Degrees 11 Minutes 26 Seconds West,
741743 continuing with the west line of the Woodard Ranch West, LP tract
742744 and the east line of the Todd Mission Farm tract, a distance of
743745 1123.78 feet to a 1/2 inch iron rod found for the northeast corner
744746 of said Todd Mission Farm tract from which a 3/4 inch iron bolt
745747 bears North 84 Degrees 42 Minutes 36 Seconds East a distance of
746748 21.66 feet;
747749 THENCE North 86 Degrees 07 Minutes 53 Seconds East, with the
748750 north line of the Woodard Ranch West, LP tract, the south line of
749751 the called 182.9495 acre tract described in deed to the Texas
750752 Renaissance Festival, Inc. recorded under Volume 565, Page 23 of
751753 the Deed Records of Grimes County, and with the south line of the
752754 tract described in deed to Clifford Largent recorded under Volume
753755 265, Page 369 of the Deed Records of Grimes County, a distance of
754756 2146.80 feet to a 1 1/2 inch iron pipe found for corner;
755757 THENCE North 06 Degrees 53 Minutes 24 Seconds West, with the
756758 west line of the Woodard Ranch West, LP tract and the east line of
757759 the Texas Renaissance Festival tract, a distance of 1856.50 feet to
758760 a concrete monument found for corner;
759761 THENCE North 3 Degrees 32 Minutes 02 Seconds West, with the
760762 west line of the Woodard Ranch West, LP tract, the east line of the
761763 Texas Renaissance Festival tract, the east line of the called
762764 36.706 acre tract described in deed to Autry Maywald recorded under
763765 Volume 696, Page 103, the east line of the called 16.0 acre tract
764766 described in deed to Michael Cotie recorded under Volume 362, Page
765767 558, and also with the east line of the H. M. Bullock Survey,
766768 Abstract 96 Grimes County, and with the west line of the Alexander
767769 Robblis Survey, Abstract 400 Grimes County, a distance of 2064.64
768770 feet to a 5/8 inch iron rod with cap marked "Carter &. Burgess" set
769771 for corner;
770772 THENCE North 87 Degrees 31 Minutes 54 Seconds East, departing
771773 the east line of the a H. M. Bullock Survey and with the west line of
772774 the Alexander Robblis Survey, a distance of 12655.49 feet to the
773775 POINT OF BEGINNING and containing 4,286.698 acres less the
774776 following save and except 0.057 acre tract.
775777 SAVE & EXCEPT
776778 Description of a 0.057 acre tract of land, being that called
777779 0.057 acre tract described in deed to Lufkin-Conroe Telephone
778780 Exchange recorded under Montgomery County Clerk File Number
779781 9556511, and located in the Joseph G. Ferguson Survey, Abstract
780782 221, Montgomery County, Texas, and more particularly described as
781783 follows:
782784 COMMENCING at a 5/8 inch iron rod with cap marked "Carter &
783785 Burgess" set in the west right-of-way of FM 1774 (100.0 feet wide
784786 per Volume 219, Page 423, Volume 252, Page 343, Volume 252, Page
785787 344, Volume 257, Page 71, Volume 254, Page 556, Volume 215, Page
786788 512, and Volume 218, Page 2 of Montgomery County Deed Records) and
787789 in the north line of said Woodard Ranch West, LP tract and the south
788790 line of the called 1,995.300 acre tract described in Special
789791 Warranty Deed to the Charles Eugene Campbell Marital Trust recorded
790792 under Montgomery County Clerk's File Number 2004-058220;
791793 THENCE South 02 Degrees 34 Minutes 58 Seconds East, with west
792794 right-of-way line of FM 1486, a distance of 3459.37 feet to a set
793795 5/8 inch iron rod with cap marked "Carter & Burgess";
794796 THENCE South 03 Degrees 11 Minutes 11 Seconds East,
795797 continuing with the west right-of-way of FM 1486, a distance 20.24
796798 feet to a point for corner;
797799 THENCE South 87 Degrees 45 Minutes 51 Seconds West, with the
798800 south line of the 20 feet wide easement described in deed to
799801 Lufkin-Conroe Telephone Exchange recorded under Montgomery County
800802 Clerk's File Number 9556511, a distance of 99.52 feet to a 5/8 inch
801803 iron rod with cap marked "Carter & Burgess" set for the southeast
802804 corner of said Lufkin-Conroe Telephone Exchange called 0.057 acre
803805 tract and POINT OF BEGINNING of the herein described tract;
804806 THENCE South 87 Degrees 45 Minutes 51 Seconds West, with the
805807 south line of said Lufkin-Conroe Telephone Exchange tract and a
806808 north line of the tracts described in Special Warranty Deed to
807809 Magnolia Timber Partners LP recorded under Volume 553, Page 001 of
808810 the Deed Records of Waller County, Texas, Volume 849, Page 205 of
809811 the Deed Records of Grimes County, Texas, and Montgomery County
810812 Clerk's File Number 968009, a distance of 50.00 feet to a 1/2 inch
811813 iron rod found for the southwest corner of said Lufkin-Conroe
812814 Telephone Exchange tract;
813815 THENCE 02 Degrees 14 Minutes 09 Seconds West, with the west
814816 line of said Lufkin-Conroe Telephone Exchange tract and a east line
815817 of said Woodard Ranch West, LP tract, a distance of 50.00 feet to a
816818 1/2 inch iron rod found for the northwest corner of said
817819 Lufkin-Conroe Telephone Exchange tract;
818820 THENCE North 87 Degrees 45 Minutes 511 Seconds East, with the
819821 north line of said Lufkin-Conroe Telephone Exchange tract and a
820822 south line of said Woodard Ranch West; LP tract, a distance of 50.00
821823 feet to a 1/2 inch iron rod found for the northeast corner of said
822824 Lufkin-Conroe Telephone Exchange tract;
823825 THENCE South 02 Degrees 14 Minutes 09 Seconds East, with the
824826 east line of said Lufkin-Conroe Telephone Exchange tract and a west
825827 line of said Woodard Ranch West, LP tract, a distance of 50.00 feet
826828 to the POINT OF BEGINNING and containing 0.057 acre of land.
827829 TRACT TWO:
828830 Description of 1,445.197 acres of land out of the called
829831 2,323.214 acre tract described in Special Warranty Deed from BST
830832 Timberlands of Texas, L.P. to Woodard Ranch Partners, L P recorded
831833 August 26, 2005 under Montgomery County Clerk File Number
832834 2005-095962 of the real property records of Montgomery County,
833835 Texas, and located in the William Stansbury Survey, Abstract 508
834836 and the Thomas G. Allen Survey, Abstract 64, Montgomery County,
835837 Texas and more particularly described as follows:
836838 BEGINNING at a concrete monument found in the east
837839 right-of-way line of FM 1486 (100 feet wide) recorded under Volume
838840 219, Page 423, Volume 252, Page 343, Volume 252, Page 344, Volume
839841 257, Page 71, Volume 254, Page 556, Volume 215, Page 512 and Volume
840842 218, Page 2 of the Deed Records of Montgomery County, Texas in the
841843 south line of said Woodard Ranch Partners, L.P. called 2,323 214
842844 acre tract, and the northwest corner of the called 9.9999 acre tract
843845 described in deed to Joanne Moore recorded under Montgomery County
844846 Clerk's File Number 2003-042415;
845847 THENCE North 02 degrees 53 minutes 38 seconds West, with the
846848 east right-of-way line of FM 1486, a distance of 1,165.37 feet to a
847849 concrete monument found for the southwest corner of the called
848850 29.397 acre tract described in deed to M. L. Maciejeski recorded
849851 under Volume 259, Page 791 of Montgomery County Deed Records and in
850852 the north line of said Woodard Ranch Partners, L.P. tract;
851853 THENCE North 87 degrees 12 minutes 36 seconds East, with the
852854 north line of said Woodard Ranch Partners, L.P. called 2,323.214
853855 acre tract and the south line of the called 29.397 acre tract, a
854856 distance of 1,681.98 feet to a point in a creek from which a set 5/8
855857 inch iron rod with cap marked "Carter & Burgess" bears South 87
856858 degrees 12 minutes 36 seconds West, a distance of 100.00 feet;
857859 THENCE North 16 degrees 26 minutes 24 seconds West, with the
858860 creek, a distance of 233.50 feet to a point for corner;
859861 THENCE North 40 degrees 41 minutes 24 seconds West,
860862 continuing with the creek, a distance of 123.30 feet to a point for
861863 corner;
862864 THENCE North 04 degrees 56 minutes 24 seconds West,
863865 continuing with the creek, a distance of 207.40 feet to a point for
864866 corner;
865867 THENCE North 22 degrees 34 minutes 08 seconds West continuing
866868 with the creek, a distance of 71.00 feet to a point for corner;
867869 THENCE North 41 degrees 35 minutes 52 seconds East,
868870 continuing with the creek, a distance of 71.50 feet to a point for
869871 corner;
870872 THENCE North 40 degrees 39 minutes 49 seconds West,
871873 continuing with the creek, a distance of 187.91 feet to a point for
872874 corner;
873875 THENCE North 29 degrees 57 minutes 45 seconds West,
874876 continuing with the creek, a distance of 450.22 to a point for
875877 corner;
876878 THENCE North 66 degrees 31 minutes 40 seconds West,
877879 continuing with the creek, a distance of 308.15 feet to a point for
878880 corner;
879881 THENCE North 45 degrees 01 minutes 38 seconds West,
880882 continuing with the creek, a distance of 363.18 feet to a point for
881883 corner;
882884 THENCE North 19 degrees 20 minutes 00 seconds West,
883885 continuing with the creek, a distance of 259.64 feet to a point for
884886 corner;
885887 THENCE North 17 degrees 39 minutes 04 seconds West,
886888 continuing with the creek, a distance of 394.32 feet to a point for
887889 corner;
888890 THENCE North 63 degrees 20 minutes 45 seconds West,
889891 continuing with the creek, a distance of 56.90 feet to a point for
890892 corner;
891893 THENCE North 22 degrees 21 minutes 29 seconds West,
892894 continuing with the creek, a distance of 480.58 feet to a point for
893895 corner;
894896 THENCE North 23 degrees 41 minutes 20 seconds West,
895897 continuing with the creek, a distance of 263.57 feet to a point for
896898 corner;
897899 THENCE North 38 degrees 22 minutes 48 seconds West,
898900 continuing with the creek, a distance of 427.55 feet to a 3/4 inch
899901 iron rod found in the east right-of-way line of FM 1486;
900902 THENCE North 02 degrees 42 minutes 57 seconds West, with the
901903 east right-of-way line of FM 1486, a distance of 400.73 feet to a
902904 concrete monument found for the southwest corner of the Convenient
903905 County Estates Subdivision, Phase II, recorded under Cabinet H,
904906 Sheet 79 B of Montgomery County Map Records and in the north line of
905907 the William Stansbury Survey, Abstract 508 and the south line of the
906908 William Stansbury Survey, Abstract 531;
907909 THENCE North 87 degrees 22 minutes 40 seconds East, with the
908910 north line of said Woodard Ranch Partners, L.P. tract, the south
909911 line of the Convenient County Estates Subdivision, the north line
910912 of the William Stansbury Survey, Abstract 508, and the south line of
911913 the William Stansbury Survey, Abstract 531, a distance of 6,641.21
912914 feet to a 5/8 inch iron rod found for corner;
913915 THENCE North 87 degrees 10 minutes 42 seconds East,
914916 continuing with the north line of said Woodard Ranch Partners, L.P.
915917 tract and the south line of said Convenient County Estates, a
916918 distance of 5,747.50 feet to a 4 inch iron pipe found for the
917919 southeast corner of the Convenient County Estates Subdivision, a
918920 northern corner of said Woodard Ranch Partners, L.P. tract, the
919921 northeast corner of William Stansbury Survey, Abstract 192;
920922 THENCE South 02 degrees 44 minutes 34 seconds East, with the
921923 east line of said William Stansbury Survey and the west line of said
922924 Jacob Eyler Survey, a distance of 1,243.66 feet to 3/4 inch iron
923925 pipe found for a southern corner of said Woodard Ranch Partners,
924926 L.P. tract, the northwest corner of the John T. Rockwell Survey,
925927 Abstract 451 and the northwest corner of the. called 320 acre tract
926928 described in deed to Dan H. Madeley recorded under Volume 414, Page
927929 291 of Montgomery County Deed Records;
928930 THENCE South 02 degrees 35 minutes 52 seconds East, with the
929931 east line of said William Stansbury Survey, the east line of said
930932 Woodard Ranch Partners, L.P. tract, and the west line of said John
931933 T. Rockwell Survey, a distance of 4,322.67 feet to a 2 inch iron
932934 pipe found for a southern corner of said Woodard Ranch Partners,
933935 L.P. tract;
934936 THENCE South 87 degrees 02 minutes 33 seconds West, with the
935937 south line of the Woodard Ranch Partners, L.P. tract, the south line
936938 of said William Stansbury Survey, and the north line of the called
937939 131.230 acre tract described in deed to Raymond C. Rickett, Jr.
938940 recorded under Montgomery County Clerk File Number 9719186, a
939941 distance of 3,324.80 feet to a 1 inch iron pipe found for a southern
940942 corner of said Woodard Ranch Partners, L.P. tract and the northwest
941943 corner of said Raymond C. Rickett, Jr. tract;
942944 THENCE South 02 degrees 46 minutes 27 seconds East, with the
943945 east line of said Woodard Ranch Partners, L.P. tract and the west
944946 line of said Raymond C. Rickett, Jr. tract, a distance of 1,264.55
945947 feet to a 1 inch iron pipe found for a southern corner of said
946948 Woodard Ranch Partners, L.P. tract, the southwest corner of said
947949 Raymond C. Rickett, Jr. tract and in the north line of the called
948950 209.46 acre tract described in deed to Christopher Rhodes recorded
949951 under Montgomery County Clerk's File Number 9526828;
950952 THENCE South 86 degrees 51 minutes 47 seconds West, with the
951953 south line of said Woodard Ranch Partners, L.P. tract and the north
952954 line of the Christopher Rhodes tract, a distance of 1,617.63 feet to
953955 a 5/8 inch iron rod set for a southern corner of said Woodard Ranch
954956 Partners, L.P. tract and the northwest corner of said Christopher
955957 Rhodes tract, and in the west line of the Thomas G. Allen Survey;
956958 THENCE North 03 degrees 11 minutes 35 seconds West, with the
957959 west line of said Woodard Ranch Partners, L.P. tract and the east
958960 line of the Magnolia East Unrecorded Subdivision described in deeds
959961 recorded under Montgomery County Clerk's File Numbers 9019503,
960962 8917284, 9770914, 99006599, 9750729, and 8913130, a distance of
961963 1,975.88 feet to a 4 inch iron pipe found for the northeast corner
962964 of said Magnolia East Unrecorded Subdivision, a southern corner of
963965 said Woodard Ranch Partners, L.P. tract, the northeast corner of
964966 the John Niles Survey, Abstract 396, and in the south line of the
965967 William Stansbury Survey, Abstract 508;
966968 THENCE South 87 degrees 20 minutes 16 seconds West, with the
967969 south line of said Woodard Ranch Partners, L.P. tract and the north
968970 line of said Magnolia East Unrecorded Subdivision described in
969971 deeds recorded under Montgomery County Clerk's File Numbers
970972 8913130, 2001-115769, 2000-102053, 8807383, 8502145, 9808626,
971973 9207949, 8844012, 8303341, Volume 1163, Page 759, 2004-112602,
972974 8436226, 9250650, 2002-018876, 9842447, 8751939, and 2003-042415
973975 of Montgomery County Deed Records, at a distance of 797.74 feet
974976 passing a set 5/8 inch iron rod with cap marked "Carter & Burgess",
975977 a total distance of 7,414.45 feet to the POINT OF BEGINNING and
976978 containing 1,445.197 acres of land.
977979 SECTION 3. (a) The legal notice of the intention to
978980 introduce this Act, setting forth the general substance of this
979981 Act, has been published as provided by law, and the notice and a
980982 copy of this Act have been furnished to all persons, agencies,
981983 officials, or entities to which they are required to be furnished
982984 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
983985 Government Code.
984986 (b) The governor, one of the required recipients, has
985987 submitted the notice and Act to the Texas Commission on
986988 Environmental Quality.
987989 (c) The Texas Commission on Environmental Quality has filed
988990 its recommendations relating to this Act with the governor, the
989991 lieutenant governor, and the speaker of the house of
990992 representatives within the required time.
991993 (d) All requirements of the constitution and laws of this
992994 state and the rules and procedures of the legislature with respect
993995 to the notice, introduction, and passage of this Act are fulfilled
994996 and accomplished.
995997 SECTION 4. (a) If this Act does not receive a two-thirds
996998 vote of all the members elected to each house, Subchapter C, Chapter
997999 8257, Special District Local Laws Code, as added by Section 1 of
9981000 this Act, is amended by adding Section 8257.0307 to read as follows:
9991001 Sec. 8257.0307. NO EMINENT DOMAIN POWER. The district may
10001002 not exercise the power of eminent domain.
10011003 (b) This section is not intended to be an expression of a
10021004 legislative interpretation of the requirements of Section 17(c),
10031005 Article I, Texas Constitution.
10041006 SECTION 5. This Act takes effect immediately if it receives
10051007 a vote of two-thirds of all the members elected to each house, as
10061008 provided by Section 39, Article III, Texas Constitution. If this
10071009 Act does not receive the vote necessary for immediate effect, this
10081010 Act takes effect September 1, 2019.
1009- ______________________________ ______________________________
1010- President of the Senate Speaker of the House
1011- I hereby certify that S.B. No. 2504 passed the Senate on
1012- May 3, 2019, by the following vote: Yeas 30, Nays 1.
1013- ______________________________
1014- Secretary of the Senate
1015- I hereby certify that S.B. No. 2504 passed the House on
1016- May 10, 2019, by the following vote: Yeas 120, Nays 21, two
1017- present not voting.
1018- ______________________________
1019- Chief Clerk of the House
1020- Approved:
1021- ______________________________
1022- Date
1023- ______________________________
1024- Governor