Texas 2023 - 88th Regular

Texas House Bill HB5317 Compare Versions

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1	1	88R13043 ANG-F
2	2	By: King of Uvalde H.B. No. 5317
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Atascosa County Municipal Utility
8	8	District No. 2; granting a limited power of eminent domain;
9	9	providing authority to issue bonds; providing authority to impose
10	10	assessments, fees, and taxes.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle F, Title 6, Special District Local Laws
13	13	Code, is amended by adding Chapter 7957A to read as follows:
14	14	CHAPTER 7957A. ATASCOSA COUNTY MUNICIPAL UTILITY DISTRICT NO. 2
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 7957A.0101. DEFINITIONS. In this chapter:
17	17	(1) "Board" means the district's board of directors.
18	18	(2) "Commission" means the Texas Commission on
19	19	Environmental Quality.
20	20	(3) "Director" means a board member.
21	21	(4) "District" means the Atascosa County Municipal
22	22	Utility District No. 2.
23	23	Sec. 7957A.0102. NATURE OF DISTRICT. The district is a
24	24	municipal utility district created under Section 59, Article XVI,
25	25	Texas Constitution.
26	26	Sec. 7957A.0103. CONFIRMATION AND DIRECTOR ELECTION
27	27	REQUIRED. The temporary directors shall hold an election to
28	28	confirm the creation of the district and to elect five permanent
29	29	directors as provided by Section 49.102, Water Code.
30	30	Sec. 7957A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
31	31	temporary directors may not hold an election under Section
32	32	7957A.0103 until each municipality in whose corporate limits or
33	33	extraterritorial jurisdiction the district is located has
34	34	consented by ordinance or resolution to the creation of the
35	35	district and to the inclusion of land in the district.
36	36	Sec. 7957A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
37	37	(a) The district is created to serve a public purpose and benefit.
38	38	(b) The district is created to accomplish the purposes of:
39	39	(1) a municipal utility district as provided by
40	40	general law and Section 59, Article XVI, Texas Constitution; and
41	41	(2) Section 52, Article III, Texas Constitution, that
42	42	relate to the construction, acquisition, improvement, operation,
43	43	or maintenance of macadamized, graveled, or paved roads, or
44	44	improvements, including storm drainage, in aid of those roads.
45	45	Sec. 7957A.0106. INITIAL DISTRICT TERRITORY. (a) The
46	46	district is initially composed of the territory described by
47	47	Section 2 of the Act enacting this chapter.
48	48	(b) The boundaries and field notes contained in Section 2 of
49	49	the Act enacting this chapter form a closure. A mistake made in the
50	50	field notes or in copying the field notes in the legislative process
51	51	does not affect the district's:
52	52	(1) organization, existence, or validity;
53	53	(2) right to issue any type of bond for the purposes
54	54	for which the district is created or to pay the principal of and
55	55	interest on a bond;
56	56	(3) right to impose a tax; or
57	57	(4) legality or operation.
58	58	SUBCHAPTER B. BOARD OF DIRECTORS
59	59	Sec. 7957A.0201. GOVERNING BODY; TERMS. (a) The district
60	60	is governed by a board of five elected directors.
61	61	(b) Except as provided by Section 7957A.0202, directors
62	62	serve staggered four-year terms.
63	63	Sec. 7957A.0202. TEMPORARY DIRECTORS. (a) The temporary
64	64	board consists of:
65	65	(1) Bruce Bartlett;
66	66	(2) G. Bailey Woods, Jr.;
67	67	(3) Sloan Thomas;
68	68	(4) Andrew B. Price; and
69	69	(5) Foard Houston.
70	70	(b) Temporary directors serve until the earlier of:
71	71	(1) the date permanent directors are elected under
72	72	Section 7957A.0103; or
73	73	(2) the fourth anniversary of the effective date of
74	74	the Act enacting this chapter.
75	75	(c) If permanent directors have not been elected under
76	76	Section 7957A.0103 and the terms of the temporary directors have
77	77	expired, successor temporary directors shall be appointed or
78	78	reappointed as provided by Subsection (d) to serve terms that
79	79	expire on the earlier of:
80	80	(1) the date permanent directors are elected under
81	81	Section 7957A.0103; or
82	82	(2) the fourth anniversary of the date of the
83	83	appointment or reappointment.
84	84	(d) If Subsection (c) applies, the owner or owners of a
85	85	majority of the assessed value of the real property in the district
86	86	may submit a petition to the commission requesting that the
87	87	commission appoint as successor temporary directors the five
88	88	persons named in the petition. The commission shall appoint as
89	89	successor temporary directors the five persons named in the
90	90	petition.
91	91	SUBCHAPTER C. POWERS AND DUTIES
92	92	Sec. 7957A.0301. GENERAL POWERS AND DUTIES. The district
93	93	has the powers and duties necessary to accomplish the purposes for
94	94	which the district is created.
95	95	Sec. 7957A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
96	96	DUTIES. The district has the powers and duties provided by the
97	97	general law of this state, including Chapters 49 and 54, Water Code,
98	98	applicable to municipal utility districts created under Section 59,
99	99	Article XVI, Texas Constitution.
100	100	Sec. 7957A.0303. AUTHORITY FOR ROAD PROJECTS. Under
101	101	Section 52, Article III, Texas Constitution, the district may
102	102	design, acquire, construct, finance, issue bonds for, improve,
103	103	operate, maintain, and convey to this state, a county, or a
104	104	municipality for operation and maintenance macadamized, graveled,
105	105	or paved roads, or improvements, including storm drainage, in aid
106	106	of those roads.
107	107	Sec. 7957A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
108	108	road project must meet all applicable construction standards,
109	109	zoning and subdivision requirements, and regulations of each
110	110	municipality in whose corporate limits or extraterritorial
111	111	jurisdiction the road project is located.
112	112	(b) If a road project is not located in the corporate limits
113	113	or extraterritorial jurisdiction of a municipality, the road
114	114	project must meet all applicable construction standards,
115	115	subdivision requirements, and regulations of each county in which
116	116	the road project is located.
117	117	(c) If the state will maintain and operate the road, the
118	118	Texas Transportation Commission must approve the plans and
119	119	specifications of the road project.
120	120	Sec. 7957A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
121	121	ORDINANCE OR RESOLUTION. The district shall comply with all
122	122	applicable requirements of any ordinance or resolution that is
123	123	adopted under Section 54.016 or 54.0165, Water Code, and that
124	124	consents to the creation of the district or to the inclusion of land
125	125	in the district.
126	126	Sec. 7957A.0306. DIVISION OF DISTRICT. (a) The district
127	127	may be divided into two or more new districts only if the district:
128	128	(1) has no outstanding bonded debt; and
129	129	(2) is not imposing ad valorem taxes.
130	130	(b) This chapter applies to any new district created by the
131	131	division of the district, and a new district has all the powers and
132	132	duties of the district.
133	133	(c) A new district created by the division of the district
134	134	may not, at the time the new district is created, contain any land
135	135	outside the area described by Section 2 of the Act enacting this
136	136	chapter.
137	137	(d) The board, on its own motion or on receipt of a petition
138	138	signed by the owner or owners of a majority of the assessed value of
139	139	the real property in the district, may adopt an order dividing the
140	140	district.
141	141	(e) The board may adopt an order dividing the district
142	142	before or after the date the board holds an election under Section
143	143	7957A.0103 to confirm the district's creation.
144	144	(f) An order dividing the district must:
145	145	(1) name each new district;
146	146	(2) include the metes and bounds description of the
147	147	territory of each new district;
148	148	(3) appoint temporary directors for each new district;
149	149	and
150	150	(4) provide for the division of assets and liabilities
151	151	between or among the new districts.
152	152	(g) On or before the 30th day after the date of adoption of
153	153	an order dividing the district, the district shall file the order
154	154	with the commission and record the order in the real property
155	155	records of each county in which the district is located.
156	156	(h) Any new district created by the division of the district
157	157	shall hold a confirmation and directors' election as required by
158	158	Section 7957A.0103.
159	159	(i) If the creation of the new district is confirmed, the
160	160	new district shall provide the election date and results to the
161	161	commission.
162	162	(j) Any new district created by the division of the district
163	163	must hold an election as required by this chapter to obtain voter
164	164	approval before the district may impose a maintenance tax or issue
165	165	bonds payable wholly or partly from ad valorem taxes.
166	166	(k) Municipal consent to the creation of the district and to
167	167	the inclusion of land in the district granted under Section
168	168	7957A.0104 acts as municipal consent to the creation of any new
169	169	district created by the division of the district and to the
170	170	inclusion of land in the new district.
171	171	Sec. 7957A.0307. STRATEGIC PARTNERSHIP AGREEMENT. The
172	172	district may negotiate and enter into a written strategic
173	173	partnership agreement with a municipality under Section 43.0751,
174	174	Local Government Code.
175	175	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
176	176	Sec. 7957A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
177	177	The district may issue, without an election, bonds and other
178	178	obligations secured by:
179	179	(1) revenue other than ad valorem taxes; or
180	180	(2) contract payments described by Section
181	181	7957A.0403.
182	182	(b) The district must hold an election in the manner
183	183	provided by Chapters 49 and 54, Water Code, to obtain voter approval
184	184	before the district may impose an ad valorem tax or issue bonds
185	185	payable from ad valorem taxes.
186	186	(c) The district may not issue bonds payable from ad valorem
187	187	taxes to finance a road project unless the issuance is approved by a
188	188	vote of a two-thirds majority of the district voters voting at an
189	189	election held for that purpose.
190	190	Sec. 7957A.0402. OPERATION AND MAINTENANCE TAX. (a) If
191	191	authorized at an election held under Section 7957A.0401, the
192	192	district may impose an operation and maintenance tax on taxable
193	193	property in the district in accordance with Section 49.107, Water
194	194	Code.
195	195	(b) The board shall determine the tax rate. The rate may not
196	196	exceed the rate approved at the election.
197	197	Sec. 7957A.0403. CONTRACT TAXES. (a) In accordance with
198	198	Section 49.108, Water Code, the district may impose a tax other than
199	199	an operation and maintenance tax and use the revenue derived from
200	200	the tax to make payments under a contract after the provisions of
201	201	the contract have been approved by a majority of the district voters
202	202	voting at an election held for that purpose.
203	203	(b) A contract approved by the district voters may contain a
204	204	provision stating that the contract may be modified or amended by
205	205	the board without further voter approval.
206	206	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
207	207	Sec. 7957A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
208	208	OBLIGATIONS. The district may issue bonds or other obligations
209	209	payable wholly or partly from ad valorem taxes, impact fees,
210	210	revenue, contract payments, grants, or other district money, or any
211	211	combination of those sources, to pay for any authorized district
212	212	purpose.
213	213	Sec. 7957A.0502. TAXES FOR BONDS. At the time the district
214	214	issues bonds payable wholly or partly from ad valorem taxes, the
215	215	board shall provide for the annual imposition of a continuing
216	216	direct ad valorem tax, without limit as to rate or amount, while all
217	217	or part of the bonds are outstanding as required and in the manner
218	218	provided by Sections 54.601 and 54.602, Water Code.
219	219	Sec. 7957A.0503. BONDS FOR ROAD PROJECTS. At the time of
220	220	issuance, the total principal amount of bonds or other obligations
221	221	issued or incurred to finance road projects and payable from ad
222	222	valorem taxes may not exceed one-fourth of the assessed value of the
223	223	real property in the district.
224	224	SECTION 2. The Atascosa County Municipal Utility District
225	225	No. 2 initially includes all the territory contained in the
226	226	following area:
227	227	Being a boundary survey of 0.616 acre, more or less, of land
228	228	lying in Atascosa County, Texas, being out of and a part of E.S.
229	229	Harper Survey 1202, Abstract No. 366, Atascosa County, Texas. Said
230	230	0.616 acre being bounded on the northwest by the fenced
231	231	southeasterly margin of F.M. 1470 (Leming Drive); on the northeast
232	232	by 11.25 acres, James P. Shone, et ux., Book 857, Page 700 of the
233	233	Atascosa County Deed Records; and on the southeast by 4.52 acres
234	234	simultaneously surveyed this same day. Said 0.616 acre being more
235	235	particularly described by metes and bounds as follows: (The
236	236	courses, distances, areas and any coordinates cited herein or shown
237	237	on the corresponding survey plat conform to the Texas Coordinate
238	238	System, North American Datum 1983, Texas South Central Zone.) (All
239	239	corners called for as being set are marked on the ground with 1/2"
240	240	diameter rebar with plastic identification caps stamped
241	241	"RPLS/6418" attached unless otherwise noted or shown.)
242	242	BEGINNING at a found broken TxDOT Type I right-of-way
243	243	monument at the intersection of F.M. 1470 and an unnamed county
244	244	road, marking a deflection point of the herein described tract;
245	245	THENCE: N 26° 16' 04" E, with the southwesterly margin of F.M.
246	246	1470 and the herein described tract for a distance of 25.94 feet to
247	247	a 3" diameter pipe 3-way fence corner post at a point on the
248	248	ostensible common survey line of said Survey 1202 and I. Wautz
249	249	Survey 1176, Abstract No. 895, marking a deflection point of said
250	250	11.25 acres, and marking the north corner of the herein described
251	251	tract, from which a found TxDOT Type I right-of-way monument bears N
252	252	15° 48' 34" E at a distance of 24.43 feet;
253	253	THENCE: S 35° 21' 31" E, generally with the fence, with the
254	254	ostensible common survey line of said Survey 1202 and said Survey
255	255	1176, and with the common boundary line of said 11.25 acres and the
256	256	herein described tract for a distance of 1154.04 feet to a 3"
257	257	diameter pipe fence angle post marking a deflection point of said
258	258	11.25 acres, marking the west corner of said 4.52 acres, and marking
259	259	a deflection point of the herein described tract;
260	260	THENCE: S 56° 44' 15" E, with the common boundary line of said
261	261	4.52 acres and the herein described tract for a distance of 50.89
262	262	feet to an unmarked corner marking a deflection point of said 4.52
263	263	acres, and marking the east corner of the herein described tract;
264	264	THENCE: With the southwesterly margin of said unnamed county
265	265	road and the herein described tract for the following two (2) calls:
266	266	1.) N 79° 52' 38" W, for a distance of 59.02 feet to an
267	267	unmarked corner marking a deflection point of the herein described
268	268	tract;
269	269	2.) N 35° 21' 31" W, for a distance of 1147.02 feet to
270	270	the Place of Beginning and containing 0.616 acre, more or less, of
271	271	land within the herein described boundary according to an actual on
272	272	the ground survey made by Smyth Surveyors, Inc. and completed on
273	273	November 30, 2022.
274	274	Being a boundary survey of 101.73 acres, more or less, of land
275	275	lying in Atascosa County, Texas, being out of and a part of N. Mcada
276	276	Survey 1198, Abstract No. 566, and also being out of and a part of
277	277	that same certain tract called Tract II (328.52 acres) as described
278	278	in conveyance document to The J W Gorman Family Partnership, Ltd.,
279	279	recorded in Document Number 137428 of the Atascosa County Official
280	280	Public Records, Atascosa County, Texas. Said 101.73 acres being
281	281	bounded on the southeast by the fenced northwesterly margin of Red
282	282	Barn Road; on the northeast and northwest by 404.48 acres
283	283	simultaneously surveyed this same day; and on the southwest by a 40'
284	284	unnamed county road (unimproved). Said 101.73 acres being more
285	285	particularly described by metes and bounds as follows: (The
286	286	courses, distances, areas and any coordinates cited herein or shown
287	287	on the corresponding survey plat conform to the Texas Coordinate
288	288	System, North American Datum 1983, Texas South Central Zone.) (All
289	289	corners called for as being set are marked on the ground with 1/2"
290	290	diameter rebar with plastic identification caps stamped
291	291	"RPLS/6418" attached unless otherwise noted or shown.)
292	292	BEGINNING at an unmarked corner at a point on the fenced
293	293	northwesterly margin of Red Barn Road, at a point on a southeasterly
294	294	line of said Tract II, marking an exterior corner of said 404.48
295	295	acres, and marking the east corner of the herein described tract,
296	296	from which a 4.5" diameter pipe fence angle post marking a
297	297	deflection point of said 404.48 acres bears N 18° 36' 23" E at a
298	298	distance of 1644.49 feet;
299	299	THENCE: Crossing into and across Tract II, and generally with
300	300	the fence for the following thirteen (13) calls:
301	301	1.) N 72° 35' 23" W, for a distance of 464.92 feet to a
302	302	leaning 7" diameter cedar fence angle post marking a deflection
303	303	point of the herein described tract;
304	304	2.) N 24° 16' 53" W, for a distance of 222.53 feet to a 4.5"
305	305	diameter pipe 2-way fence corner post marking an interior corner of
306	306	the herein described tract;
307	307	3.) S 66° 54' 13" W, for a distance of 904.65 feet to a 3"
308	308	diameter pipe 2-way fence corner post marking a deflection point of
309	309	the herein described tract;
310	310	4.) N 67° 10' 57" W, for a distance of 20.12 feet to a 3"
311	311	diameter pipe 3-way fence corner post marking a deflection point of
312	312	the herein described tract;
313	313	5.) S 24° 00' 54" W, for a distance of 183.78 feet to a t-
314	314	post fence angle post marking a deflection point of the herein
315	315	described tract;
316	316	6.) S 24° 12' 38" W, for a distance of 641.60 feet to a 3"
317	317	diameter pipe fence angle post marking a deflection point of the
318	318	herein described tract;
319	319	7.) S 54° 15' 53" W, for a distance of 625.15 feet to a 3"
320	320	diameter pipe 2-way fence corner post marking a deflection point of
321	321	the herein described tract;
322	322	8.) S 02° 26' 22" E, for a distance of 20.35 feet to a 3"
323	323	diameter pipe fence angle post marking a deflection point of the
324	324	herein described tract;
325	325	9.) S 18° 20' 46" W, for a distance of 1138.27 feet to a 4.5"
326	326	diameter pipe 2-way fence corner post at a point on the ostensible
327	327	common survey line of said Survey 1198 and said Survey 1199, at a
328	328	point in the northeasterly margin of an unnamed county road, and
329	329	marking an interior corner of the herein described tract;
330	330	10.) S 70° 45' 38" E, with the ostensible common survey line
331	331	of said Survey 1198 and said Survey 1199, and with the northeasterly
332	332	margin of an unnamed county road for a distance of 563.24 feet to a
333	333	5" diameter cedar fence angle post marking a deflection point of the
334	334	herein described tract;
335	335	11.) S 70° 57' 07" E, with the ostensible common survey line
336	336	of said Survey 1198 and said Survey 1199, and with the northeasterly
337	337	margin of an unnamed county road for a distance of 593.07 feet to a
338	338	t-post fence angle post marking a deflection point of the herein
339	339	described tract;
340	340	12.) S 70° 48' 28" E, with the ostensible common survey line
341	341	of said Survey 1198 and said Survey 1199, and with the northeasterly
342	342	margin of an unnamed county road for a distance of 498.03 feet to a
343	343	2.5" diameter pipe fence angle post marking a deflection point of
344	344	the herein described tract;
345	345	13.) S 71° 01' 04" E, with the ostensible common survey line
346	346	of said Survey 1198 and said Survey 1199, and with the northeasterly
347	347	margin of an unnamed county road for a distance of 62.86 feet to a
348	348	4.5" diameter pipe fence angle post at the intersection of Red Barn
349	349	Road and an unnamed county road, and marking a deflection point of
350	350	the herein described tract;
351	351	THENCE: Generally with the fenced margin of Red Barn Road and
352	352	the herein described tract for the following two (2) calls:
353	353	1.) N 64° 53' 53" E, for a distance of 36.73 feet to a 4.5"
354	354	diameter pipe fence angle post marking a deflection point of the
355	355	herein described tract;
356	356	2.) N 18° 36' 23" E, for a distance of 2924.62 feet to the
357	357	Place of Beginning and containing 101.73 acres, more or less, of
358	358	land within the herein described boundary, according to an actual
359	359	on the ground survey made by Smyth Surveyors, Inc. and completed on
360	360	October 19, 2022.
361	361	Being a boundary survey of 404.48 acres, more or less, of land
362	362	lying in Atascosa County, Texas, being out of and parts of N. Mcada
363	363	Survey 1198, Abstract No. 566, I. Wautz Survey 1175, Abstract
364	364	No. 896, M. Moritz Survey 1292, Abstract No. 586, G. Hectorne
365	365	Survey 1199, Abstract No. 370, and W. Morrow Survey 1200, Abstract
366	366	No. 589, being out of and a part of John T. Horton Ranch, recorded
367	367	in Slide 25-A of the Atascosa County New Plat Cabinet, and also
368	368	being comprised of a composite of those same certain tracts called
369	369	Tract II (328.52 acres), Tract IV (remainder of 184.3 acres), and
370	370	Tract V (101.87 acres) as described in conveyance document to The J
371	371	W Gorman Family Partnership, Ltd., recorded in Document Number
372	372	137428 of the Atascosa County Official Public Records, Atascosa
373	373	County, Texas. Said 404.48 acres being bounded on the northwest by
374	374	the following: 1.) fenced southeasterly margin of F.M. 1470 (Leming
375	375	Drive), 2.) 26.73 acres, Maurilio Gonzales, Jr., PID: 16584 of the
376	376	Atascosa County Appraisal District, 3.) 81.60 acres, James P.
377	377	Shone, et ux., Book 707, Page 93 of the Atascosa County Deed
378	378	Records, and 4.) 11.25 acres, James P. Shone, et ux., Book 857, Page
379	379	700 of the Atascosa County Deed Records; on the southeast by the
380	380	fenced northwesterly margin of Red Barn Road; and on the southwest
381	381	by the following: 1.) 100 acres, Carolyn Daniel, Document Number
382	382	143664 of the Atascosa County Official Public Records, and 2.)
383	383	311.94 acres simultaneously surveyed this same day. Said 404.48
384	384	acres being more particularly described by metes and bounds as
385	385	follows: (The courses, distances, areas and any coordinates cited
386	386	herein or shown on the corresponding survey plat conform to the
387	387	Texas Coordinate System, North American Datum 1983, Texas South
388	388	Central Zone.) (All corners called for as being set are marked on
389	389	the ground with 1/2" diameter rebar with plastic identification
390	390	caps stamped "RPLS/6418" attached unless otherwise noted or shown.)
391	391	BEGINNING at a found TxDOT Type II right-of-way monument at a
392	392	point on the southeasterly margin of F.M. 1470, and marking the
393	393	north corner of the herein described tract;
394	394	THENCE: S 46° 38' 59" E, generally with the fence, and with the
395	395	southeasterly margin of F.M. 1470 and the herein described tract
396	396	for a distance of 60.45 feet to a found TxDOT Type II right- of-way
397	397	monument at the intersection of F.M. 1470 and Red Barn Road, and
398	398	marking an exterior corner of the herein described tract;
399	399	THENCE: Generally with the fenced margin of Red Barn Road and
400	400	the herein described tract for the following four (4) calls:
401	401	1.) S 18° 25' 10" W, passing the ostensible common survey
402	402	line of said Survey 1175 and said Survey 1292 for a distance of
403	403	939.25 feet to a 4.5" diameter pipe fence angle post marking a
404	404	deflection point of the herein described tract;
405	405	2.) S 19° 27' 20" E, passing the ostensible common survey
406	406	line of said Survey 1175 and said Survey 1198, continuing on the
407	407	same course for a distance of 194.92 feet to a 4.5" diameter pipe
408	408	fence angle post marking a deflection point of the herein described
409	409	tract;
410	410	3.) S 18° 36' 23" W, for a distance of 1644.49 feet to an
411	411	unmarked corner marking an exterior corner of the herein described
412	412	tract;
413	413	THENCE: Crossing into and across Tract II, and generally with
414	414	the fence for the following thirteen (13) calls:
415	415	14.) N 72° 35' 23" W, for a distance of 464.92 feet to a
416	416	leaning 7" diameter cedar fence angle post marking a deflection
417	417	point of the herein described tract;
418	418	15.) N 24° 16' 53" W, for a distance of 222.53 feet to a 4.5"
419	419	diameter pipe 2-way fence corner post marking an interior corner of
420	420	the herein described tract;
421	421	16.) S 66° 54' 13" W, for a distance of 904.65 feet to a 3"
422	422	diameter pipe 2-way fence corner post marking a deflection point of
423	423	the herein described tract;
424	424	17.) N 67° 10' 57" W, for a distance of 20.12 feet to a 3"
425	425	diameter pipe 3-way fence corner post marking a deflection point of
426	426	the herein described tract;
427	427	18.) S 24° 00' 54" W, for a distance of 183.78 feet to a t-
428	428	post fence angle post marking a deflection point of the herein
429	429	described tract;
430	430	19.) S 24° 12' 38" W, for a distance of 641.60 feet to a 3"
431	431	diameter pipe fence angle post marking a deflection point of the
432	432	herein described tract;
433	433	20.) S 54° 15' 53" W, for a distance of 625.15 feet to a 3"
434	434	diameter pipe 2-way fence corner post marking a deflection point of
435	435	the herein described tract;
436	436	21.) S 02° 26' 22" E, for a distance of 20.35 feet to a 3"
437	437	diameter pipe fence angle post marking a deflection point of the
438	438	herein described tract;
439	439	22.) S 18° 20' 46" W, for a distance of 1138.27 feet to a 4.5"
440	440	diameter pipe 2-way fence corner post at a point on the ostensible
441	441	common survey line of said Survey 1198 and said Survey 1199, at a
442	442	point in the northeasterly margin of an unnamed county road, and
443	443	marking an interior corner of the herein described tract;
444	444	23.) S 70° 45' 38" E, with the ostensible common survey line
445	445	of said Survey 1198 and said Survey 1199, and with the northeasterly
446	446	margin of an unnamed county road for a distance of 563.24 feet to a
447	447	5" diameter cedar fence angle post marking a deflection point of the
448	448	herein described tract;
449	449	24.) S 70° 57' 07" E, with the ostensible common survey line
450	450	of said Survey 1198 and said Survey 1199, and with the northeasterly
451	451	margin of an unnamed county road for a distance of 593.07 feet to a
452	452	t-post fence angle post marking a deflection point of the herein
453	453	described tract;
454	454	25.) S 70° 48' 28" E, with the ostensible common survey line
455	455	of said Survey 1198 and said Survey 1199, and with the northeasterly
456	456	margin of an unnamed county road for a distance of 498.03 feet to a
457	457	2.5" diameter pipe fence angle post marking a deflection point of
458	458	the herein described tract;
459	459	26.) S 71° 01' 04" E, with the ostensible common survey line
460	460	of said Survey 1198 and said Survey 1199, and with the northeasterly
461	461	margin of an unnamed county road for a distance of 62.86 feet to a
462	462	4.5" diameter pipe fence angle post at the intersection of Red Barn
463	463	Road and an unnamed county road, and marking a deflection point of
464	464	the herein described tract;
465	465	THENCE: Generally with the fenced margin of Red Barn Road and
466	466	the herein described tract for the following three (3) calls:
467	467	3.) S 10° 11' 13" W, with the southeasterly margin of said
468	468	unnamed county road and the herein described tract for a distance of
469	469	40.83 feet to a 4.5" diameter pipe fence angle post at the
470	470	intersection of Red Barn Road and an unnamed county road, and
471	471	marking a deflection point of the herein described tract;
472	472	4.) S 18° 05' 52" E, for a distance of 63.42 feet to a 4.5"
473	473	diameter pipe fence angle post marking a deflection point of the
474	474	herein described tract;
475	475	5.) S 19° 15' 01" W, passing the ostensible common survey
476	476	line of said Survey 1199 and said Survey 1200, continuing on the
477	477	same course for a distance of 2557.83 feet to a leaning 9" diameter
478	478	creosote fence angle post marking the east corner of said 100 acres,
479	479	and marking the south corner of the herein described tract;
480	480	THENCE: Generally with the fence, and with the common
481	481	boundary lines of said 100 acres and the herein described tract for
482	482	the following four (4) calls:
483	483	1.) N 70° 50' 51" W, for a distance of 951.03 feet to a 4.5"
484	484	diameter pipe 3-way fence corner post marking an interior corner of
485	485	said 100 acres, and marking an exterior corner of the herein
486	486	described tract;
487	487	2.) N 19° 24' 09" E, for a distance of 331.50 feet to an
488	488	unmarked corner marking an exterior corner of said 100 acres, and
489	489	marking an interior corner of the herein described tract;
490	490	3.) N 43° 41' 40" W, at 52.90 feet passing a 3" diameter pipe
491	491	3-way fence corner post, continuing on the same course for a total
492	492	distance of 635.25 feet to a 3" diameter pipe fence angle post
493	493	marking a deflection point of said 100 acres, and marking a
494	494	deflection point of the herein described tract;
495	495	4.) N 53° 40' 55" W, for a distance of 154.71 feet to a 3"
496	496	diameter pipe 2-way fence corner post marking the north corner of
497	497	said 100 acres, marking the east corner of said 311.94 acres, and
498	498	marking a deflection point of the herein described tract;
499	499	THENCE: N 56° 44' 15" W, crossing into and across said Tract V
500	500	and said Tract IV, and with the common boundary line of said 311.94
501	501	acres, crossing the ostensible common survey line of said Survey
502	502	1199 and said Survey 1200, continuing on the same course, crossing
503	503	the ostensible common survey line of said Survey 1176 and said
504	504	Survey 1199, continuing on the same course for a distance of 2768.17
505	505	feet to a 3" diameter pipe fence angle post marking a deflection
506	506	point of said 11.25 acres, marking a deflection point of said 311.94
507	507	acres, and marking the west corner of the herein described tract;
508	508	THENCE: Generally with the fence, and with the common
509	509	boundary lines of said 11.25 acres and the herein described tract
510	510	for the following two (2) calls:
511	511	1.) S 79° 52' 38" E, for a distance of 79.02 feet to a 3"
512	512	diameter pipe fence angle post, marking the south corner of said
513	513	11.25 acres, and marking an interior corner of the herein described
514	514	tract;
515	515	2.) N 53° 53' 08" E, for a distance of 296.62 feet to a found
516	516	leaning 1/2" diameter rebar marking the common corner of said 11.25
517	517	acres and said 81.60 acres, and marking a deflection point of the
518	518	herein described tract;
519	519	THENCE: Generally with the fence, and with the common
520	520	boundary line of said 81.60 acres and the herein described tract for
521	521	the following four (4) calls:
522	522	1.) N 53° 51' 54" E, for a distance of 1255.14 feet to a 4.5"
523	523	diameter pipe 3-way fence corner post at a point on the ostensible
524	524	common survey line of said Survey 1198 and said Survey 1199, marking
525	525	an exterior corner of said 81.60 acres, and marking an interior
526	526	corner of the herein described tract;
527	527	2.) N 70° 48' 28" W, with the ostensible common survey line
528	528	of said Survey 1198 and said Survey 1199 for a distance of 12.11
529	529	feet to a 4.5" diameter pipe 2-way fence corner post marking the
530	530	ostensible common survey corner of said Survey 1198 and said Survey
531	531	1199, at a point on the ostensible southeasterly survey line of said
532	532	Survey 1176, marking an interior corner of said 81.60 acres, and
533	533	marking an exterior corner of the herein described tract;
534	534	3.) N 55° 07' 54" E, with the ostensible common survey line
535	535	of said Survey 1176 and said Survey 1198 for a distance of 625.25
536	536	feet to a 3" diameter pipe 2-way fence corner post marking the
537	537	ostensible common survey corner of said Survey 1176 and said Survey
538	538	1175, marking an exterior corner of said 81.60 acres, and marking an
539	539	interior corner of the herein described tract;
540	540	4.) N 35° 15' 11" W, with the ostensible common survey line
541	541	of said Survey 1175 and said Survey 1176 for a distance of 532.31
542	542	feet to a 3" diameter pipe 3-way fence corner post marking the south
543	543	corner of said 26.73 acres, and marking an interior corner of the
544	544	herein described tract;
545	545	THENCE: Generally with the fence, and with the common
546	546	boundary line of said 26.73 acres and the herein described tract for
547	547	the following two (2) calls:
548	548	1.) N 54° 27' 18" E, for a distance of 564.53 feet to a 3"
549	549	diameter pipe 3-way fence corner post marking the east corner of
550	550	said 26.73 acres, and marking an interior corner of the herein
551	551	described tract;
552	552	2.) N 07° 14' 52" W, at 1318.99 feet passing a 4.5" diameter
553	553	pipe 3-way fence corner post, continuing on the same course for a
554	554	total distance of 1320.13 feet to an unmarked corner at a point on
555	555	the southeasterly margin of F.M. 1470, marking the north corner of
556	556	said 26.73 acres, and marking an exterior corner of the herein
557	557	described tract;
558	558	THENCE: N 65° 54' 29" E, with the fenced southeasterly margin
559	559	of F.M. 1470 and the herein described tract, at 251.24 feet passing
560	560	a found TxDOT Type II right-of-way monument, continuing on the same
561	561	course, at 2250.89 feet passing a found TxDOT Type II right- of-way
562	562	monument, continuing on the same course, at 3750.75 feet passing a
563	563	found TxDOT Type II right-of-way monument, continuing on the same
564	564	course for a total distance of 4773.87 feet to the Place of
565	565	Beginning and containing 404.48 acres, more or less, of land within
566	566	the herein described boundary, of which approximately 4.52 acres
567	567	lie within an unnamed county road (40' R.O.W.), of which
568	568	approximately 2.17 acres lie within Old Pleasanton & Benton Road
569	569	(60' R.O.W., platted, and unimproved), and of which approximately
570	570	4.59 acres lie within enclosure fence (record title unknown),
571	571	according to an actual on the ground survey made by Smyth Surveyors,
572	572	Inc. and completed on September 28, 2022.
573	573	Being a boundary survey of 4.52 acres, more or less, of land
574	574	lying in Atascosa County, Texas, and being out of and a part of G.
575	575	Hectorne Survey 1199, Abstract No. 370, Atascosa County, Texas.
576	576	Said 4.52 acres being bounded on the northeast by Tract II (328.52
577	577	acres), The J W Gorman Family Partnership, Ltd., Document Number
578	578	137428 of the Atascosa County Official Public Records; on the
579	579	northwest by the following: 1.) 81.60 acres, James P. Shone, et ux.,
580	580	Book 707, Page 93 of the Atascosa County Deed Records, and 2.) 11.25
581	581	acres, James P. Shone, et ux., Book 857, Page 700 of the Atascosa
582	582	County Deed Records; on the southwest by 0.616 acre simultaneously
583	583	surveyed this same day; on the south by Tract IV (184.3 acres) The J
584	584	W Gorman Family Partnership, Ltd., Document Number 137428 of the
585	585	Atascosa County Official Public Records; and on the southeast by
586	586	the fenced northwesterly margin of Red Barn Road. Said 4.52 acres
587	587	being more particularly described by metes and bounds as follows:
588	588	(The courses, distances, areas and any coordinates cited herein or
589	589	shown on the corresponding survey plat conform to the Texas
590	590	Coordinate System, North American Datum 1983, Texas South Central
591	591	Zone.) (All corners called for as being set are marked on the ground
592	592	with 1/2" diameter rebar with plastic identification caps stamped
593	593	"RPLS/6418" attached unless otherwise noted or shown.)
594	594	BEGINNING at a 4.5" diameter pipe fence angle post at a point
595	595	on the ostensible common survey line of said Survey 1199 and N.
596	596	Mcada Survey 1198, Abstract No. 566, at the intersection of Red
597	597	Barn Road and an unnamed county road, and marking an exterior corner
598	598	of the herein described tract;
599	599	THENCE: S 10° 11' 13" W, with the southeasterly margin of said
600	600	unnamed county road and the herein described tract for a distance of
601	601	40.83 feet to a 4.5" diameter pipe fence angle post at the
602	602	intersection of Red Barn Road and an unnamed county road, and
603	603	marking an exterior corner of the herein described tract;
604	604	THENCE: With the southerly margin of said unnamed county road
605	605	and said 184.3 acres for the following five (5) calls:
606	606	1.) N 70° 52' 16" W, for a distance of 1715.73 feet to an
607	607	unmarked corner marking a deflection point of the herein described
608	608	tract;
609	609	2.) N 71° 28' 14" W, for a distance of 1614.73 feet to an
610	610	unmarked corner marking an interior corner of the herein described
611	611	tract;
612	612	3.) S 53° 51' 54" W, for a distance of 1234.46 feet to an
613	613	unmarked corner marking a deflection point of the herein described
614	614	tract;
615	615	4.) S 53° 53' 08" W, for a distance of 286.02 feet to an
616	616	unmarked corner marking an exterior corner of the herein described
617	617	tract;
618	618	5.) N 79° 52' 38" W, for a distance of 68.45 feet to an
619	619	unmarked corner marking the east corner of said 0.616 acre, and
620	620	marking a deflection point of the herein described tract;
621	621	THENCE: N 56° 44' 15" W, with the common boundary line of said
622	622	0.616 acre and the herein described tract for a distance of 50.89
623	623	feet to a 3" diameter pipe fence angle post marking a deflection
624	624	point of said 11.25 acres, marking a deflection point of said 0.616
625	625	acre, and marking the west corner of the herein described tract;
626	626	THENCE: Generally with the fence, and with the common
627	627	boundary lines of said 11.25 acres and the herein described tract
628	628	for the following two (2) calls:
629	629	3.) S 79° 52' 38" E, for a distance of 79.02 feet to a 3"
630	630	diameter pipe fence angle post, marking the south corner of said
631	631	11.25 acres, and marking an interior corner of the herein described
632	632	tract;
633	633	4.) N 53° 53' 08" E, for a distance of 296.62 feet to a found
634	634	leaning 1/2" diameter rebar marking the common corner of said 11.25
635	635	acres and said 81.60 acres, and marking a deflection point of the
636	636	herein described tract;
637	637	THENCE: N 53° 51' 54" E, generally with the fence, and with the
638	638	common boundary line of said 81.60 acres and the herein described
639	639	tract for a distance of 1255.14 feet to a 4.5" diameter pipe 3-way
640	640	fence corner post at a point on the ostensible common survey line of
641	641	said Survey 1198 and said Survey 1199, marking an exterior corner of
642	642	said 81.60 acres, at a point on a southwesterly line of said 328.52
643	643	acres, and marking the north corner of the herein described tract;
644	644	THENCE: With the ostensible common survey line of said Survey
645	645	1198 and said Survey 1199, and with the common boundary lines of
646	646	said 328.52 acres and the herein described tract for the following
647	647	two (2) calls:
648	648	3.) S 71° 28' 14" E, for a distance of 1635.61 feet to an
649	649	unmarked corner marking a deflection point of the herein described
650	650	tract;
651	651	4.) S 70° 52' 56" E for a distance of 1709.60 feet to the
652	652	Place of Beginning and containing 4.52 acres, more or less, of land
653	653	within the herein described boundary according to an actual on the
654	654	ground survey made by Smyth Surveyors, Inc. and completed on
655	655	November 30, 2022.
656	656	Being a boundary survey of 311.94 acres, more or less, of land
657	657	lying in Atascosa County, Texas, being out of and parts of G.
658	658	Hectorne Survey 1199, Abstract No. 370, W. Morrow Survey 1200,
659	659	Abstract No. 589, C. Horton Survey 1201, Abstract No. 380, and E.S.
660	660	Harper Survey 1202, Abstract No. 366, being out of and a part of
661	661	John T. Horton Ranch, recorded in Slide 25-A of the Atascosa County
662	662	New Plat Cabinet, and also being comprised of a composite of those
663	663	same certain tracts called Tract III (146.374 acres), Tract IV
664	664	(remainder of 184.3 acres), Tract V (101.87 acres), and Tract VI
665	665	(57.46 acres) as described in conveyance document to The J W Gorman
666	666	Family Partnership, Ltd., recorded in Document Number 137428 of the
667	667	Atascosa County Official Public Records, Atascosa County, Texas.
668	668	Said 311.94 acres being bounded on the northwest by the fenced
669	669	southeasterly margin of F.M. 1470 (Leming Drive); on the northeast
670	670	by 11.25 acres, James P. Shone, et ux., Book 857, Page 700 of the
671	671	Atascosa County Deed Records; on the southeast by 100 acres,
672	672	Carolyn Daniel, Document Number 143664 of the Atascosa County
673	673	Official Public Records; and on the southwest by the fenced
674	674	northeasterly margin of Strawberry City Road. Said 311.94 acres
675	675	being more particularly described by metes and bounds as follows:
676	676	(The courses, distances, areas and any coordinates cited herein or
677	677	shown on the corresponding survey plat conform to the Texas
678	678	Coordinate System, North American Datum 1983, Texas South Central
679	679	Zone.) (All corners called for as being set are marked on the ground
680	680	with 1/2" diameter rebar with plastic identification caps stamped
681	681	"RPLS/6418" attached unless otherwise noted or shown.)
682	682	BEGINNING at a 3" diameter pipe 2-way fence corner post
683	683	marking the north corner of said 100 acres, and marking the east
684	684	corner of the herein described tract;
685	685	THENCE: S 18° 52' 45" W, generally with the fence, passing the
686	686	ostensible common survey line of said Survey 1200 and said Survey
687	687	1201, continuing on the same course for a distance of 3122.32 feet
688	688	to a 3" diameter pipe 3-way fence corner post marking the west
689	689	corner of said 100 acres, and marking the south corner of the herein
690	690	described tract;
691	691	THENCE: Generally with the fenced northeasterly margin of
692	692	Strawberry City Road and the herein described tract for the
693	693	following three (3) calls:
694	694	1.) N 71° 46' 34" W, for a distance of 1069.95 feet to a 3"
695	695	diameter pipe fence angle post marking a deflection point of the
696	696	herein described tract;
697	697	2.) N 71° 35' 54" W, for a distance of 405.81 feet to a 3"
698	698	diameter pipe fence angle post marking a deflection point of the
699	699	herein described tract;
700	700	3.) N 70° 56' 03" W, for a distance of 2171.57 feet to a found
701	701	leaning TxDOT Type I right-of-way monument at the intersection of
702	702	Strawberry City Road and F.M. 1470, and marking a deflection point
703	703	of the herein described tract;
704	704	THENCE: Generally with the fenced southeasterly margin of
705	705	F.M. 1470 and the herein described tract for the following four (4)
706	706	calls:
707	707	1.) N 26° 01' 40" W, for a distance of 106.32 feet to a found
708	708	TxDOT Type II right-of-way monument at a point on the ostensible
709	709	common survey line of said Survey 1200 and said Survey 1201, and
710	710	marking the west corner of the herein described tract;
711	711	2.) N 19° 25' 08" E, with the ostensible common survey line
712	712	of said Survey 1200 and said Survey 1201, passing the ostensible
713	713	common survey corner of said Survey 1200 and said Survey 1201,
714	714	continuing on the same course, at 2898.84 feet passing a found TxDOT
715	715	Type II right-of-way monument, continuing on the same course,
716	716	passing the ostensible common survey line of said Survey 1200 and
717	717	said Survey 1202, continuing on the same course for a total distance
718	718	of 4363.12 feet to a found TxDOT Type II right-of-way monument
719	719	marking a deflection point of the herein described tract;
720	720	3.) N 83° 05' 12" E, for a distance of 66.64 feet to a found
721	721	broken TxDOT Type I right-of-way monument marking a deflection
722	722	point of the herein described tract;
723	723	4.) N 26° 16' 04" E, for a distance of 25.94 feet to a 3"
724	724	diameter pipe 3-way fence corner post at a point on the ostensible
725	725	common survey line of said Survey 1202 and I. Wautz Survey 1176,
726	726	Abstract No. 895, marking a deflection point of said 11.25 acres,
727	727	and marking the north corner of the herein described tract;
728	728	THENCE: S 35° 21' 31" E, generally with the fence, with the
729	729	ostensible common survey line of said Survey 1202 and said Survey
730	730	1176, and with the common boundary lines of said 11.25 acres and the
731	731	herein described tract for a distance of 1154.04 feet to a 3"
732	732	diameter pipe fence angle post marking a deflection point of said
733	733	11.25 acres, and marking a deflection point of the herein described
734	734	tract;
735	735	THENCE: S 56° 44' 15" E, crossing into and across said Tract IV
736	736	and said Tract V, crossing the ostensible common survey line of said
737	737	Survey 1176 and said Survey 1199, continuing on the same course,
738	738	crossing the ostensible common survey line of said Survey 1199 and
739	739	said Survey 1200, continuing on the same course for a distance of
740	740	2768.17 feet to the Place of Beginning and containing 311.94 acres,
741	741	more or less, of land within the herein described boundary, of which
742	742	approximately 0.61 acre lie within an unnamed county road (40'
743	743	R.O.W.), and of which approximately 2.76 acres lie within Old
744	744	Pleasanton & Benton Road (60' R.O.W., platted, and unimproved),
745	745	according to an actual on the ground survey made by Smyth Surveyors,
746	746	Inc. and completed on September 20, 2022.
747	747	Being a boundary survey of 399.52 acres, more or less, of land
748	748	lying in Atascosa County, Texas, being out of and parts of S.
749	749	Arreola Survey 1120, Abstract No. 37, S. Arreola Survey 1119,
750	750	Abstract No. 36, I. Wautz Survey 1175, Abstract No. 896, and M.
751	751	Moritz Survey 1292, Abstract No. 586, and also being that same
752	752	certain tract called Tract I (400.01 acres) as described in
753	753	conveyance document to The J W Gorman Family Partnership, Ltd.,
754	754	recorded in Document Number 137428 of the Atascosa County Official
755	755	Public Records, Atascosa County, Texas. Said 399.52 acres being
756	756	bounded on the southeast by the fenced northwesterly margin of F.M.
757	757	1470 (Leming Drive); on the west by 48.24 acres, Maurilio and Diane
758	758	Gonzales, Document Number 152961 of the Atascosa County Official
759	759	Public Records; on the northwest by the following: 1.) 101.21
760	760	acres, Maurilio and Diane Gonzales, Jr., Document Number 152953 of
761	761	the Atascosa County Official Public Records, 2.) 94.42 acres,
762	762	Maurilio and Diane Gonzales, Document Number 152956 of the Atascosa
763	763	County Official Public Records, and 3.) 100.00 acres, David L.
764	764	Domsch, Volume 173, Page 690 of the Atascosa Official Public
765	765	Records; and on the northeast by the fenced margin of Red Barn Road.
766	766	Said 399.52 acres being more particularly described by metes and
767	767	bounds as follows: (The courses, distances, areas and any
768	768	coordinates cited herein or shown on the corresponding survey plat
769	769	conform to the Texas Coordinate System, North American Datum 1983,
770	770	Texas South Central Zone.) (All corners called for as being set are
771	771	marked on the ground with 1/2" diameter rebar with plastic
772	772	identification caps stamped "RPLS/6418" attached unless otherwise
773	773	noted or shown.)
774	774	BEGINNING at an unmarked corner at a point on the
775	775	northwesterly margin of F.M. 1470, marking the southeast corner of
776	776	said 48.24 acres, and marking the south corner of the herein
777	777	described tract, from which a found TxDOT Type I right-of-way
778	778	monument bears S 65° 54' 36" W at a distance of 1453.64 feet;
779	779	THENCE: N 07° 18' 28" W, with the common boundary line of said
780	780	48.24 acres and the herein described tract, at 0.35 feet passing a
781	781	4.5" diameter pipe 3-way fence corner post, continuing on the same
782	782	course and now generally with the fence for a total distance of
783	783	1240.29 feet to a 3" diameter pipe 3-way fence corner post at a
784	784	point on the ostensible common survey line of said Survey 1175 and
785	785	S. Arreola Survey 1119, Abstract No. 36, marking a deflection point
786	786	of said 48.24 acres, marking the south corner of said 101.21 acres,
787	787	and marking an exterior corner of the herein described tract;
788	788	THENCE: N 54° 01' 39" E, generally with the fence, with the
789	789	ostensible common survey line of said Survey 1175 and said Survey
790	790	1119, and with the common boundary line of said 101.21 acres and the
791	791	herein described tract, passing the common corner of said 101.21
792	792	acres and said 94.42 acres, continuing on the same course and now
793	793	with the common boundary line of said 94.42 acres and the herein
794	794	described tract for a distance of 2591.83 feet to a 11" diameter
795	795	creosote 2-way fence corner post marking the ostensible common
796	796	survey corner of said Survey 1175 and said Survey 1119, at a point
797	797	on the ostensible southwesterly survey line of said Survey 1120,
798	798	marking the east corner of said 94.42 acres, and marking an interior
799	799	corner of the herein described tract;
800	800	THENCE: N 36° 08' 32" W, generally with the diverging fence,
801	801	with the ostensible common survey line of said Survey 1119 and said
802	802	Survey 1120, and with the common boundary line of said 94.42 acres
803	803	and the herein described tract for a distance of 2093.55 feet to a
804	804	found 5/8" diameter rebar with a plastic cap marked "JOHN
805	805	HOWARD/RPLS 4611" marking the south corner of said 100.00 acres,
806	806	and marking an exterior corner of the herein described tract;
807	807	THENCE: N 55° 00' 19" E, with the common boundary line of said
808	808	100.00 acres and the herein described tract for a distance of
809	809	3594.33 feet to a found 5/8" diameter rebar with a plastic cap
810	810	marked "JOHN HOWARD/RPLS 4611" at a point on the southwesterly
811	811	margin of Red Barn Road, marking the east corner of said 100.00
812	812	acres, and marking the north corner of the herein described tract;
813	813	THENCE: S 35° 14' 40" E, generally with the converging fence,
814	814	and with the southwesterly margin of Red Barn Road and the herein
815	815	described tract for a distance of 1793.52 feet to a 9" diameter
816	816	creosote fence angle post marking a deflection point of the herein
817	817	described tract;
818	818	THENCE: Generally with the fenced margin of Red Barn Road and
819	819	the herein described tract for the following four (4) calls:
820	820	4.) S 34° 53' 17" E, for a distance of 764.74 feet to a 9"
821	821	diameter creosote fence angle post marking a deflection point of
822	822	the herein described tract;
823	823	5.) S 13° 30' 50" E, passing the ostensible common survey
824	824	line of said Survey 1120 and said Survey 1292, continuing on the
825	825	same course for a distance of 221.66 feet to an 8" diameter creosote
826	826	fence angle post marking a deflection point of the herein described
827	827	tract;
828	828	6.) S 15° 45' 50" W, for a distance of 584.06 feet to an 8"
829	829	diameter creosote fence angle post marking a deflection point of
830	830	the herein described tract;
831	831	7.) S 18° 08' 23" W, for a distance of 1666.51 feet to a found
832	832	TxDOT Type II right-of-way monument at the intersection of Red Barn
833	833	Road and F.M. 1470, and marking a deflection point of the herein
834	834	described tract;
835	835	THENCE: With the fenced northwesterly margin of F.M. 1470 and
836	836	the herein described tract for the following two (2) calls:
837	837	1.) S 41° 45' 44" W, for a distance of 91.46 feet to an
838	838	unmarked corner marking a deflection point of the herein described
839	839	tract, from which point a 4.5" diameter pipe fence angle post bears
840	840	N 53° 54' 38" W at a distance of 2.48 feet;
841	841	2.) S 65° 54' 36" W, passing the ostensible common survey
842	842	line of said Survey 1292 and said Survey 1175, continuing on the
843	843	same course, at 1137.84 feet passing a found TxDOT Type II
844	844	right-of-way monument, continuing on the same course, at 2637.64
845	845	feet passing a found TxDOT Type II right-of-way monument,
846	846	continuing on the same course, at 3121.06 feet passing a found TxDOT
847	847	Type II right-of-way monument, continuing on the same course, at
848	848	4637.23 feet passing 1.12 feet to the right of a found TxDOT Type II
849	849	right-of-way monument, continuing on the same course, for a total
850	850	distance of 4858.45 feet to the Place of Beginning and containing
851	851	399.52 acres, more or less, of land within the herein described
852	852	boundary, according to an actual on the ground survey made by D. G.
853	853	Smyth & Co., Inc. and completed on August 26, 2022.
854	854	SECTION 3. (a) The legal notice of the intention to
855	855	introduce this Act, setting forth the general substance of this
856	856	Act, has been published as provided by law, and the notice and a
857	857	copy of this Act have been furnished to all persons, agencies,
858	858	officials, or entities to which they are required to be furnished
859	859	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
860	860	Government Code.
861	861	(b) The governor, one of the required recipients, has
862	862	submitted the notice and Act to the Texas Commission on
863	863	Environmental Quality.
864	864	(c) The Texas Commission on Environmental Quality has filed
865	865	its recommendations relating to this Act with the governor, the
866	866	lieutenant governor, and the speaker of the house of
867	867	representatives within the required time.
868	868	(d) All requirements of the constitution and laws of this
869	869	state and the rules and procedures of the legislature with respect
870	870	to the notice, introduction, and passage of this Act are fulfilled
871	871	and accomplished.
872	872	SECTION 4. (a) If this Act does not receive a two-thirds
873	873	vote of all the members elected to each house, Subchapter C, Chapter
874	874	7957A, Special District Local Laws Code, as added by Section 1 of
875	875	this Act, is amended by adding Section 7957A.0308 to read as
876	876	follows:
877	877	Sec. 7957A.0308. NO EMINENT DOMAIN POWER. The district may
878	878	not exercise the power of eminent domain.
879	879	(b) This section is not intended to be an expression of a
880	880	legislative interpretation of the requirements of Section 17(c),
881	881	Article I, Texas Constitution.
882	882	SECTION 5. This Act takes effect immediately if it receives
883	883	a vote of two-thirds of all the members elected to each house, as
884	884	provided by Section 39, Article III, Texas Constitution. If this
885	885	Act does not receive the vote necessary for immediate effect, this
886	886	Act takes effect September 1, 2023.