1 | 1 | | 89R25302 MP-F |
---|
2 | 2 | | By: Gerdes H.B. No. 5695 |
---|
3 | 3 | | |
---|
4 | 4 | | |
---|
5 | 5 | | |
---|
6 | 6 | | |
---|
7 | 7 | | A BILL TO BE ENTITLED |
---|
8 | 8 | | AN ACT |
---|
9 | 9 | | relating to the creation of the Sayers Ranch Municipal Utility |
---|
10 | 10 | | District; granting a limited power of eminent domain; providing |
---|
11 | 11 | | authority to issue bonds; providing authority to impose |
---|
12 | 12 | | assessments, fees, and taxes. |
---|
13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
---|
14 | 14 | | SECTION 1. Subtitle F, Title 6, Special District Local Laws |
---|
15 | 15 | | Code, is amended by adding Chapter 8022A to read as follows: |
---|
16 | 16 | | CHAPTER 8022A. SAYERS RANCH MUNICIPAL UTILITY DISTRICT |
---|
17 | 17 | | SUBCHAPTER A. GENERAL PROVISIONS |
---|
18 | 18 | | Sec. 8022A.0101. DEFINITIONS. In this chapter: |
---|
19 | 19 | | (1) "Board" means the district's board of directors. |
---|
20 | 20 | | (2) "Commission" means the Texas Commission on |
---|
21 | 21 | | Environmental Quality. |
---|
22 | 22 | | (3) "Director" means a board member. |
---|
23 | 23 | | (4) "District" means the Sayers Ranch Municipal |
---|
24 | 24 | | Utility District. |
---|
25 | 25 | | Sec. 8022A.0102. NATURE OF DISTRICT. The district is a |
---|
26 | 26 | | municipal utility district created under Section 59, Article XVI, |
---|
27 | 27 | | Texas Constitution. |
---|
28 | 28 | | Sec. 8022A.0103. CONFIRMATION AND DIRECTOR ELECTION |
---|
29 | 29 | | REQUIRED. The temporary directors shall hold an election to |
---|
30 | 30 | | confirm the creation of the district and to elect five permanent |
---|
31 | 31 | | directors as provided by Section 49.102, Water Code. |
---|
32 | 32 | | Sec. 8022A.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
---|
33 | 33 | | temporary directors may not hold an election under Section |
---|
34 | 34 | | 8022A.0103 until each municipality in whose corporate limits or |
---|
35 | 35 | | extraterritorial jurisdiction the district is located has |
---|
36 | 36 | | consented by ordinance or resolution to the creation of the |
---|
37 | 37 | | district and to the inclusion of land in the district as required by |
---|
38 | 38 | | applicable law. |
---|
39 | 39 | | Sec. 8022A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. |
---|
40 | 40 | | (a) The district is created to serve a public purpose and benefit. |
---|
41 | 41 | | (b) The district is created to accomplish the purposes of: |
---|
42 | 42 | | (1) a municipal utility district as provided by |
---|
43 | 43 | | general law and Section 59, Article XVI, Texas Constitution; and |
---|
44 | 44 | | (2) Section 52, Article III, Texas Constitution, that |
---|
45 | 45 | | relate to the construction, acquisition, improvement, operation, |
---|
46 | 46 | | or maintenance of macadamized, graveled, or paved roads, or |
---|
47 | 47 | | improvements, including storm drainage, in aid of those roads. |
---|
48 | 48 | | Sec. 8022A.0106. INITIAL DISTRICT TERRITORY. (a) The |
---|
49 | 49 | | district is initially composed of the territory described by |
---|
50 | 50 | | Section 2 of the Act enacting this chapter. |
---|
51 | 51 | | (b) The boundaries and field notes contained in Section 2 of |
---|
52 | 52 | | the Act enacting this chapter form a closure. A mistake made in the |
---|
53 | 53 | | field notes or in copying the field notes in the legislative process |
---|
54 | 54 | | does not affect the district's: |
---|
55 | 55 | | (1) organization, existence, or validity; |
---|
56 | 56 | | (2) right to issue any type of bond for the purposes |
---|
57 | 57 | | for which the district is created or to pay the principal of and |
---|
58 | 58 | | interest on a bond; |
---|
59 | 59 | | (3) right to impose a tax; or |
---|
60 | 60 | | (4) legality or operation. |
---|
61 | 61 | | SUBCHAPTER B. BOARD OF DIRECTORS |
---|
62 | 62 | | Sec. 8022A.0201. GOVERNING BODY; TERMS. (a) The district |
---|
63 | 63 | | is governed by a board of five elected directors. |
---|
64 | 64 | | (b) Except as provided by Section 8022A.0202, directors |
---|
65 | 65 | | serve staggered four-year terms. |
---|
66 | 66 | | Sec. 8022A.0202. TEMPORARY DIRECTORS. (a) The temporary |
---|
67 | 67 | | board consists of: |
---|
68 | 68 | | (1) Blake Scrivener; |
---|
69 | 69 | | (2) Lindsay Key; |
---|
70 | 70 | | (3) John Cox; |
---|
71 | 71 | | (4) Jeremy Brannon; and |
---|
72 | 72 | | (5) Joe Daly. |
---|
73 | 73 | | (b) Temporary directors serve until the earlier of: |
---|
74 | 74 | | (1) the date permanent directors are elected under |
---|
75 | 75 | | Section 8022A.0103; or |
---|
76 | 76 | | (2) the fourth anniversary of the effective date of |
---|
77 | 77 | | the Act enacting this chapter. |
---|
78 | 78 | | (c) If permanent directors have not been elected under |
---|
79 | 79 | | Section 8022A.0103 and the terms of the temporary directors have |
---|
80 | 80 | | expired, successor temporary directors shall be appointed or |
---|
81 | 81 | | reappointed as provided by Subsection (d) to serve terms that |
---|
82 | 82 | | expire on the earlier of: |
---|
83 | 83 | | (1) the date permanent directors are elected under |
---|
84 | 84 | | Section 8022A.0103; or |
---|
85 | 85 | | (2) the fourth anniversary of the date of the |
---|
86 | 86 | | appointment or reappointment. |
---|
87 | 87 | | (d) If Subsection (c) applies, the owner or owners of a |
---|
88 | 88 | | majority of the assessed value of the real property in the district |
---|
89 | 89 | | may submit a petition to the commission requesting that the |
---|
90 | 90 | | commission appoint as successor temporary directors the five |
---|
91 | 91 | | persons named in the petition. The commission shall appoint as |
---|
92 | 92 | | successor temporary directors the five persons named in the |
---|
93 | 93 | | petition. |
---|
94 | 94 | | SUBCHAPTER C. POWERS AND DUTIES |
---|
95 | 95 | | Sec. 8022A.0301. GENERAL POWERS AND DUTIES. The district |
---|
96 | 96 | | has the powers and duties necessary to accomplish the purposes for |
---|
97 | 97 | | which the district is created. |
---|
98 | 98 | | Sec. 8022A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND |
---|
99 | 99 | | DUTIES. The district has the powers and duties provided by the |
---|
100 | 100 | | general law of this state, including Chapters 49 and 54, Water Code, |
---|
101 | 101 | | applicable to municipal utility districts created under Section 59, |
---|
102 | 102 | | Article XVI, Texas Constitution. |
---|
103 | 103 | | Sec. 8022A.0303. AUTHORITY FOR ROAD PROJECTS. Under |
---|
104 | 104 | | Section 52, Article III, Texas Constitution, the district may |
---|
105 | 105 | | design, acquire, construct, finance, issue bonds for, improve, |
---|
106 | 106 | | operate, maintain, and convey to this state, a county, or a |
---|
107 | 107 | | municipality for operation and maintenance macadamized, graveled, |
---|
108 | 108 | | or paved roads, or improvements, including storm drainage, in aid |
---|
109 | 109 | | of those roads. |
---|
110 | 110 | | Sec. 8022A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A |
---|
111 | 111 | | road project must meet all applicable construction standards, |
---|
112 | 112 | | zoning and subdivision requirements, and regulations of each |
---|
113 | 113 | | municipality in whose corporate limits or extraterritorial |
---|
114 | 114 | | jurisdiction the road project is located. |
---|
115 | 115 | | (b) If a road project is not located in the corporate limits |
---|
116 | 116 | | or extraterritorial jurisdiction of a municipality, the road |
---|
117 | 117 | | project must meet all applicable construction standards, |
---|
118 | 118 | | subdivision requirements, and regulations of each county in which |
---|
119 | 119 | | the road project is located. |
---|
120 | 120 | | (c) If the state will maintain and operate the road, the |
---|
121 | 121 | | Texas Transportation Commission must approve the plans and |
---|
122 | 122 | | specifications of the road project. |
---|
123 | 123 | | Sec. 8022A.0305. COMPLIANCE WITH MUNICIPAL CONSENT |
---|
124 | 124 | | ORDINANCE OR RESOLUTION. The district shall comply with all |
---|
125 | 125 | | applicable requirements of any ordinance or resolution that is |
---|
126 | 126 | | adopted under Section 54.016 or 54.0165, Water Code, and that |
---|
127 | 127 | | consents to the creation of the district or to the inclusion of land |
---|
128 | 128 | | in the district. |
---|
129 | 129 | | Sec. 8022A.0306. DIVISION OF DISTRICT. This chapter |
---|
130 | 130 | | applies to any new district created by the division of the district |
---|
131 | 131 | | under Section 49.316, Water Code, and a new district has all the |
---|
132 | 132 | | powers and duties of the district. |
---|
133 | 133 | | SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
---|
134 | 134 | | Sec. 8022A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a) |
---|
135 | 135 | | The district may issue, without an election, bonds and other |
---|
136 | 136 | | obligations secured by: |
---|
137 | 137 | | (1) revenue other than ad valorem taxes; or |
---|
138 | 138 | | (2) contract payments described by Section |
---|
139 | 139 | | 8022A.0403. |
---|
140 | 140 | | (b) The district must hold an election in the manner |
---|
141 | 141 | | provided by Chapters 49 and 54, Water Code, to obtain voter approval |
---|
142 | 142 | | before the district may impose an ad valorem tax or issue bonds |
---|
143 | 143 | | payable from ad valorem taxes. |
---|
144 | 144 | | (c) The district may not issue bonds payable from ad valorem |
---|
145 | 145 | | taxes to finance a road project unless the issuance is approved by a |
---|
146 | 146 | | vote of a two-thirds majority of the district voters voting at an |
---|
147 | 147 | | election held for that purpose. |
---|
148 | 148 | | Sec. 8022A.0402. OPERATION AND MAINTENANCE TAX. (a) If |
---|
149 | 149 | | authorized at an election held under Section 8022A.0401, the |
---|
150 | 150 | | district may impose an operation and maintenance tax on taxable |
---|
151 | 151 | | property in the district in accordance with Section 49.107, Water |
---|
152 | 152 | | Code. |
---|
153 | 153 | | (b) The board shall determine the tax rate. The rate may not |
---|
154 | 154 | | exceed the rate approved at the election. |
---|
155 | 155 | | Sec. 8022A.0403. CONTRACT TAXES. (a) In accordance with |
---|
156 | 156 | | Section 49.108, Water Code, the district may impose a tax other than |
---|
157 | 157 | | an operation and maintenance tax and use the revenue derived from |
---|
158 | 158 | | the tax to make payments under a contract after the provisions of |
---|
159 | 159 | | the contract have been approved by a majority of the district voters |
---|
160 | 160 | | voting at an election held for that purpose. |
---|
161 | 161 | | (b) A contract approved by the district voters may contain a |
---|
162 | 162 | | provision stating that the contract may be modified or amended by |
---|
163 | 163 | | the board without further voter approval. |
---|
164 | 164 | | SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
---|
165 | 165 | | Sec. 8022A.0501. AUTHORITY TO ISSUE BONDS AND OTHER |
---|
166 | 166 | | OBLIGATIONS. The district may issue bonds or other obligations |
---|
167 | 167 | | payable wholly or partly from ad valorem taxes, impact fees, |
---|
168 | 168 | | revenue, contract payments, grants, or other district money, or any |
---|
169 | 169 | | combination of those sources, to pay for any authorized district |
---|
170 | 170 | | purpose. |
---|
171 | 171 | | Sec. 8022A.0502. TAXES FOR BONDS. At the time the district |
---|
172 | 172 | | issues bonds payable wholly or partly from ad valorem taxes, the |
---|
173 | 173 | | board shall provide for the annual imposition of a continuing |
---|
174 | 174 | | direct ad valorem tax, without limit as to rate or amount, while all |
---|
175 | 175 | | or part of the bonds are outstanding as required and in the manner |
---|
176 | 176 | | provided by Sections 54.601 and 54.602, Water Code. |
---|
177 | 177 | | Sec. 8022A.0503. BONDS FOR ROAD PROJECTS. At the time of |
---|
178 | 178 | | issuance, the total principal amount of bonds or other obligations |
---|
179 | 179 | | issued or incurred to finance road projects and payable from ad |
---|
180 | 180 | | valorem taxes may not exceed one-fourth of the assessed value of the |
---|
181 | 181 | | real property in the district. |
---|
182 | 182 | | SECTION 2. The Sayers Ranch Municipal Utility District |
---|
183 | 183 | | initially includes all the territory contained in the following |
---|
184 | 184 | | area: |
---|
185 | 185 | | BEING 252.94 ACRES OF LAND, SURVEYED BY LANDESIGN SERVICES, |
---|
186 | 186 | | INC., SITUATED IN THE STEPHEN F. AUSTIN SURVEY, ABSTRACT NO. 3 AND |
---|
187 | 187 | | THE BASTROP TOWN TRACT SURVEY, ABSTRACT NO. 11, IN BASTROP COUNTY, |
---|
188 | 188 | | TEXAS, BEING COMPRISED OF A CALLED 127.574 ACRE TRACT OF LAND |
---|
189 | 189 | | DESCRIBED IN A DEED TO T.C. HOFFMAN AND GLADYS M. HOFFMAN, RECORDED |
---|
190 | 190 | | IN VOLUME 221, PAGE 522 OF THE DEED RECORDS OF BASTROP COUNTY, TEXAS |
---|
191 | 191 | | (D.R.B.C.T.), ALL OF A CALLED 0.226 OF ONE ACRE TRACT OF LAND |
---|
192 | 192 | | DESCRIBED IN A GENERAL WARRANTY DEED TO T.C. HOFFMAN AND WIFE, |
---|
193 | 193 | | GLADYS HOFFMAN RECORDED IN VOLUME 327, PAGE 295 OF SAID D.R.B.C.T., |
---|
194 | 194 | | ALL OF A CALLED 1.00 ACRE TRACT OF LAND DESCRIBED IN A DEED TO TRAVIS |
---|
195 | 195 | | CLAUDE HOFFMAN, JR. AND LAURIE LYNN HOFFMAN, RECORDED IN VOLUME |
---|
196 | 196 | | 296, PAGE 652 OF SAID D.R.B.C.T., ALL OF A CALLED 4.516 ACRE TRACT |
---|
197 | 197 | | OF LAND DESCRIBED IN A DEED OF GIFT TO TRAVIS CLAUDE HOFFMAN, JR. |
---|
198 | 198 | | AND SHIRLEY HOFFMAN QUINCY, RECORDED IN VOLUME 2330, PAGE 884 OF THE |
---|
199 | 199 | | OFFICIAL PUBLIC RECORDS OF BASTROP COUNTY, TEXAS (O.P.R.B.C.T.), |
---|
200 | 200 | | ALL OF A CALLED 5.000 ACRE TRACT OF LAND DESCRIBED AS TRACT ONE AND |
---|
201 | 201 | | ALL OF A CALLED 9.996 ACRE TRACT OF LAND DESCRIBED AS TRACT TWO IN A |
---|
202 | 202 | | WARRANTY DEED WITH VENDOR'S LIEN TO JAMES S. FRONCEK AND WIFE, |
---|
203 | 203 | | VIVIAN A. FRONCEK, RECORDED IN VOLUME 690, PAGE 50, OF SAID |
---|
204 | 204 | | O.R.B.C.T., ALL OF A CALLED 21.282 ACRE TRACT OF LAND DESCRIBED IN |
---|
205 | 205 | | AN ASSUMPTION DEED TO JAMES S. FRONCEK AND WIFE, VIVIAN A. FRONCEK, |
---|
206 | 206 | | RECORDED IN VOLUME 690, PAGE 70 OF SAID O.R.B.C.T., A REMAINDER OF A |
---|
207 | 207 | | CALLED 43.38 ACRE TRACT OF LAND DESCRIBED AS FIRST TRACT, AND THE |
---|
208 | 208 | | REMAINDER OF A CALLED 71.36 ACRE TRACT OF LAND, BOTH TRACTS |
---|
209 | 209 | | DESCRIBED IN A WARRANTY DEED TO WOODRUN DEVELOPMENT CO., LTD., |
---|
210 | 210 | | RECORDED IN VOLUME 947, PAGE 650, OF SAID O.R.B.C.T., BEING MORE |
---|
211 | 211 | | PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: |
---|
212 | 212 | | BEGINNING at a 3/8-inch rebar found in the existing |
---|
213 | 213 | | Southwesterly right-of-way line of Sayers Road (CR 157, No record |
---|
214 | 214 | | information found) (R.O.W. Width Varies) and the existing |
---|
215 | 215 | | Southeasterly right-of-way line of Cirrus Lane (75' Wide R.O.W. |
---|
216 | 216 | | -LEGENDS COVE SECTION TWO, a subdivision of record in Cabinet 7, |
---|
217 | 217 | | Page 32-B, of the Plat Records of Bastrop County, Texas |
---|
218 | 218 | | (P.R.B.C.T.)), for the POINT OF BEGINNING and Northerly corner of |
---|
219 | 219 | | said 5.000 acre tract and hereof; |
---|
220 | 220 | | THENCE with the existing Southwesterly right-of-way line of |
---|
221 | 221 | | said Sayers Road and partially with the common Northeasterly line |
---|
222 | 222 | | of said 5.000 acre tract, and then partially with the common |
---|
223 | 223 | | Northeasterly line of said 21.282 acre tract, the following two (2) |
---|
224 | 224 | | courses and distances: |
---|
225 | 225 | | South 29°18'43" East a distance of 490.94 feet to a 1/2-inch |
---|
226 | 226 | | rebar with cap stamped "LSI SURVEY" set; and |
---|
227 | 227 | | South 35°14'18" East a distance of 88.99 feet to a 3/8-inch |
---|
228 | 228 | | rebar found for the northerly common corner of said 21.282 acre |
---|
229 | 229 | | tract and of the GOMEZ RODRIGUEZ SAYERS SUBDIVISION, a subdivision |
---|
230 | 230 | | of record in Cabinet 7, Page 195-A, of said P.R.B.C.T.; |
---|
231 | 231 | | THENCE South 43°03'11" West along the common line of said |
---|
232 | 232 | | 21.282 acre tract and of said GOMEZ RODRIGUEZ SAYERS SUBDIVISION, a |
---|
233 | 233 | | distance of 804.16 feet to a 5/8-inch rebar found in the |
---|
234 | 234 | | Southeasterly line of said 21.282 acre tract, being the common |
---|
235 | 235 | | Westerly corner of said 4.462 acre tract and of said 127.574 acre |
---|
236 | 236 | | tract; |
---|
237 | 237 | | THENCE South 47°50'01" East along the common line of said |
---|
238 | 238 | | 127.574 acre tract and of said GOMEZ RODRIGUEZ SAYERS SUBDIVISION, |
---|
239 | 239 | | a distance of 244.81 feet to a 3/8-inch rebar found in the |
---|
240 | 240 | | Northeasterly line of said 127.574 acre tract, being the common |
---|
241 | 241 | | Southerly corner of said GOMEZ RODRIGUEZ SAYERS SUBDIVISION and of |
---|
242 | 242 | | said 4.516 acre tract; |
---|
243 | 243 | | THENCE North 42°41'27" East along the common line of said |
---|
244 | 244 | | 4.516 acre tract and of said GOMEZ RODRIGUEZ SAYERS SUBDIVISION and |
---|
245 | 245 | | then the Southwesterly right-of-way line of said Sayers Road, a |
---|
246 | 246 | | distance of 795.57 feet to a 1/2-inch rebar with cap marked "J.E. |
---|
247 | 247 | | GARRON RPLS 4303" found in the Southwesterly right-of-way line of |
---|
248 | 248 | | said Sayers Road, being the Northeasterly corner of said 4.516 acre |
---|
249 | 249 | | tract; |
---|
250 | 250 | | THENCE, along the common line of the Southwesterly |
---|
251 | 251 | | right-of-way line of said Sayers Road and of the Northerly line of |
---|
252 | 252 | | said 4.516 acre tract, the following five (5) courses and |
---|
253 | 253 | | distances: |
---|
254 | 254 | | South 37°09'48" East, a distance of 143.70 feet to a 1/2-inch |
---|
255 | 255 | | rebar with cap marked "J.E. GARRON RPLS 4303" found; |
---|
256 | 256 | | South 34°24'07" East, a distance of 45.18 feet to a 1/2-inch |
---|
257 | 257 | | rebar with cap marked "J.E. GARRON RPLS 4303" found; |
---|
258 | 258 | | South 28°31'23" East, a distance of 29.84 feet to a 1/2-inch |
---|
259 | 259 | | rebar with cap marked "J.E. GARRON RPLS 4303" found; |
---|
260 | 260 | | South 24°30'18" East, a distance of 47.38 feet to a 1/2-inch |
---|
261 | 261 | | rebar with cap marked "J.E. GARRON RPLS 4303" found; |
---|
262 | 262 | | South 18°58'24" East, a distance of 11.95 feet to a 1/2-inch |
---|
263 | 263 | | rebar with cap marked "J.E. GARRON RPLS 4303" found in the |
---|
264 | 264 | | Southwesterly right-of-way line of said Sayers Road, being the |
---|
265 | 265 | | Northerly common corner of said 4.516 acre tract and of a called |
---|
266 | 266 | | 2.2425 acre tract of land described in a General Warranty Deed to |
---|
267 | 267 | | Leslie L. Anderson and Rebecca Anderson, recorded in Document |
---|
268 | 268 | | No. 201409226 (also known as Volume 2338, Page 47) of said |
---|
269 | 269 | | O.P.R.B.C.T.; |
---|
270 | 270 | | THENCE South 44°37'13" West along the common line of said |
---|
271 | 271 | | 4.516 acre tract and of said 2.2425 acre tract, a distance of 725.06 |
---|
272 | 272 | | feet to a 3/8-inch rebar found in the Northeasterly line of said |
---|
273 | 273 | | 127.574 acre tract, being the common Southerly comer of said 4.516 |
---|
274 | 274 | | acre tract and of said 2.2425 acre tract; |
---|
275 | 275 | | THENCE South 47°28'20" East with the Northeasterly line of |
---|
276 | 276 | | said 127.574 acre tract and partially with the common Southwesterly |
---|
277 | 277 | | lines of said 2.2425 acre tract, a called 2.240 acre tract of land |
---|
278 | 278 | | described in a General Warranty Deed to Leslie L. Anderson and wife, |
---|
279 | 279 | | Rebecca J. Anderson, recorded in Volume 754, Page 732, of said |
---|
280 | 280 | | O.R.B.C.T., and a called 4.485 acre tract of land described in a |
---|
281 | 281 | | Special Warranty Deed with Vendor's Lien to Liberty Hill Truck |
---|
282 | 282 | | Service LLC, recorded in Document No. 202212580 of said |
---|
283 | 283 | | O.P.R.B.C.T., a distance of 785.81 feet to a 1/2- inch rebar found |
---|
284 | 284 | | in the Northwesterly line of a called 22.644 acre tract of land |
---|
285 | 285 | | described in a Correction Special Warranty Deed to Mainstreet |
---|
286 | 286 | | Bastrop, LLC, recorded in Document No. 202224002 of said |
---|
287 | 287 | | O.P.R.B.C.T., for the common Easterly corner of said 4.485 acre |
---|
288 | 288 | | tract and of said 127.574 acre tract; |
---|
289 | 289 | | THENCE with the Southeasterly line of said 127.574 acre tract |
---|
290 | 290 | | and partially with the common Northwesterly line of said 22.644 |
---|
291 | 291 | | acre tract, and partially with the common Northwesterly line of a |
---|
292 | 292 | | called 100 acre tract described in a General Warranty Deed to Janet |
---|
293 | 293 | | Lynn Stanton recorded in Document No. 202414426, of said |
---|
294 | 294 | | O.P.R.B.C.T., the following nine (9) courses and distances: |
---|
295 | 295 | | South 40°55'45" West a distance of 188.40 feet to a 1/2-inch |
---|
296 | 296 | | rebar with cap stamped "LSI SURVEY" set; |
---|
297 | 297 | | South 41°29'44" West a distance of 340.48 feet to a 1/2-inch |
---|
298 | 298 | | rebar with cap stamped "LSI SURVEY" set; |
---|
299 | 299 | | South 41°31'37" West a distance of 99.68 feet to a 1/2-inch |
---|
300 | 300 | | rebar with cap stamped "LSI SURVEY" set; |
---|
301 | 301 | | South 44°37'38" West a distance of 91.64 feet to a 1/2-inch |
---|
302 | 302 | | rebar with cap stamped "LSI SURVEY" set; and |
---|
303 | 303 | | South 49°29'13" West a distance of 61.37 feet to a 1/2-inch |
---|
304 | 304 | | rebar with cap stamped "LSI SURVEY" set in the Southeasterly line of |
---|
305 | 305 | | said 127.574 acre tract and the common Northwesterly line of said |
---|
306 | 306 | | 22.644 acre tract; |
---|
307 | 307 | | South 43°51'55" West a distance of 482.44 feet to a 1/2-inch |
---|
308 | 308 | | rebar with cap stamped "LSI SURVEY" set; |
---|
309 | 309 | | South 43°09'33" West a distance of 796.87 feet to a 1/2-inch |
---|
310 | 310 | | rebar with cap stamped "LSI SURVEY" set; |
---|
311 | 311 | | South 14°00'38" West a distance of 56.74 feet to a 1/2-inch |
---|
312 | 312 | | rebar with cap stamped "LSI SURVEY" set; and |
---|
313 | 313 | | South 08°52'45" West a distance of 195.88 feet to a 1/2-inch |
---|
314 | 314 | | rebar with cap stamped "LSI SURVEY" set in the Southeasterly line of |
---|
315 | 315 | | said 127.574 acre tract and the common Northwesterly line of a |
---|
316 | 316 | | called 110.7880 acre tract of land described as Tract Three in a |
---|
317 | 317 | | General Warranty Deed with Life Estate Reservation to Glenn Odom |
---|
318 | 318 | | and Donna Cassel, recorded in Document No. 201315326 (also known as |
---|
319 | 319 | | Volume 2280, Page 809) of said O.P.R.B.C.T., for the Southwesterly |
---|
320 | 320 | | corner of said 100 acre tract; |
---|
321 | 321 | | THENCE with the Southeasterly line of said 127.574 acre tract |
---|
322 | 322 | | and the common Northwesterly line of said 110.7880 acre tract, the |
---|
323 | 323 | | following two (2) courses and distances: |
---|
324 | 324 | | South 56°47'19" West a distance of 504.66 feet to a 60D nail |
---|
325 | 325 | | found; and |
---|
326 | 326 | | South 43°54'44" West a distance of 76.76 feet to a 1/2-inch |
---|
327 | 327 | | rebar found for the Northerly common comer of said 110.7880 acre |
---|
328 | 328 | | tract, said 127.574 acre tract, of a called 52.930 acre tract of |
---|
329 | 329 | | land described in a General Warranty Deed with Vendor's Lien to |
---|
330 | 330 | | Donald L. Furry, recorded in Document No. 201604620 of said |
---|
331 | 331 | | O.P.R.B.C.T., and of a said 0.226 of one acre tract; |
---|
332 | 332 | | THENCE South 42°30'57" West with the Southeasterly line of |
---|
333 | 333 | | said 0.226 of one acre tract and the common Northwesterly line of |
---|
334 | 334 | | said 52.930 acre tract, a distance of 1,509.88 feet to a 1/2-inch |
---|
335 | 335 | | rebar found for the common corner of the remainder of said 43.38 |
---|
336 | 336 | | acre tract, of said 0.226 of one acre tract, of said 52.930 acre |
---|
337 | 337 | | tract and of a called 21.222 acre tract of land described in a |
---|
338 | 338 | | Warranty Deed with Vendor's Lien to Glenn D. Synnott Revocable |
---|
339 | 339 | | Living Trust recorded in Document No. 201809859 of said |
---|
340 | 340 | | O.P.R.B.C.T.; |
---|
341 | 341 | | THENCE South 43°07'59" West with the Southeasterly line of the |
---|
342 | 342 | | remainder of said 43.38 acre tract and partially with the common |
---|
343 | 343 | | Northwesterly line of said 21.222 acre tract, then partially with |
---|
344 | 344 | | the common Northwesterly line of a called 10.289 acre tract of land |
---|
345 | 345 | | described in a General Warranty Deed with Vendor's Lien to James C. |
---|
346 | 346 | | Caouette, recorded in Document No. 202005646 of said O.P.R.B.C.T., |
---|
347 | 347 | | and then partially with the common Northwesterly line of a called |
---|
348 | 348 | | 10.289 acre tract of land described in Warranty Deed with Vendor's |
---|
349 | 349 | | Lien to Alejandro Alvarado Rosas, recorded in Document |
---|
350 | 350 | | No. 201915162 of said O.P.R.B.C.T., passing at a distance of 11.60 |
---|
351 | 351 | | feet a 1/2-inch rebar found with "J.E. GARRON RPLS 4303", and |
---|
352 | 352 | | continuing for a total distance of 1,331.18 feet to a 5/8-inch rebar |
---|
353 | 353 | | found in the Northwesterly line of said 10.289 acre tract, for the |
---|
354 | 354 | | Southernmost comer of the remainder of said 43.38 acre tract, also |
---|
355 | 355 | | being the common Easterly corner of Lot 77 and Lot 78, Block A, |
---|
356 | 356 | | WOODRUN SUBDIVISION SECTION ONE, a subdivision of record in Cabinet |
---|
357 | 357 | | 3, Page 68-A, of said P.R.B.C.T.; |
---|
358 | 358 | | THENCE with the Westerly line of the remainder of said 43.38 |
---|
359 | 359 | | acre tract and the common line of Lots 77, 76, 75 and 74 of said |
---|
360 | 360 | | Block A, the following four (4) courses and distances: |
---|
361 | 361 | | North 43°56'58" West a distance of 384.36 feet to a 5/8-inch |
---|
362 | 362 | | rebar found for the common Easterly corner of said Lot 76 and said |
---|
363 | 363 | | Lot 75; |
---|
364 | 364 | | North 01°57'13" East a distance of 459.68 feet to a 5/8-inch |
---|
365 | 365 | | rebar found for the Northeast corner of said Lot 74; |
---|
366 | 366 | | North 88°00'55" West a distance of 165.15 feet to a 5/8-inch |
---|
367 | 367 | | rebar found for a Northwesterly comer of said Lot 74; and |
---|
368 | 368 | | Along a curve to the Left having a radius of 25.00 feet, an |
---|
369 | 369 | | arc length of 39.49 feet, a delta angle of 90°29'44", and a chord |
---|
370 | 370 | | which bears South 47°02'09" West a distance of 35.51 feet to a |
---|
371 | 371 | | 5/8-inch rebar found in the existing Easterly right-of-way line of |
---|
372 | 372 | | Smith Road (CR 418 - R.O.W. Width Varies) for a Northwesterly corner |
---|
373 | 373 | | of said Lot 74; |
---|
374 | 374 | | THENCE North 02°01'21" East with the existing Easterly |
---|
375 | 375 | | right-of-way line of said Smith Road and a common Westerly line of |
---|
376 | 376 | | the remainder of said 43.38 acre tract, a distance of 110.08 feet to |
---|
377 | 377 | | a 5/8-inch rebar found for a Southwesterly corner of Lot 50, of said |
---|
378 | 378 | | Block A; |
---|
379 | 379 | | THENCE partially of the Westerly line of the remainder of |
---|
380 | 380 | | said 43.38 acre tract and then partially with the Westerly line of |
---|
381 | 381 | | the remainder of said 71.36 acre tract and the common line of said |
---|
382 | 382 | | Lot 50, then Lots 49, 48, 47, 46, 45, 44, 43 and 42 of said Block A, |
---|
383 | 383 | | the following seven (7) courses and distances: |
---|
384 | 384 | | Along a curve to the Left having a radius of 25.00 feet, an |
---|
385 | 385 | | arc length of 39.02 feet, a delta angle of 89°26'16", and a chord |
---|
386 | 386 | | which bears South 42°52'50" East a distance of 35.18 feet to a |
---|
387 | 387 | | 5/8-inch rebar found for a Southwesterly comer of said Lot 50; |
---|
388 | 388 | | South 88°03'20" East a distance of 165.04 feet to a 5/8-inch |
---|
389 | 389 | | rebar found for the Southeast comer of said Lot 50; |
---|
390 | 390 | | North 03°19'29" East passing at a distance of 456.30 feet a |
---|
391 | 391 | | 5/8-inch rebar found for the common Easterly corner of said Lot 49 |
---|
392 | 392 | | and of said Lot 48, a continuing for a total distance of 847.36 feet |
---|
393 | 393 | | to a 5/8-inch rebar found for the common Easterly corner of said Lot |
---|
394 | 394 | | 47 and of said Lot 46; |
---|
395 | 395 | | North 19°04'55" West a distance of 165.28 feet to a 5/8-inch |
---|
396 | 396 | | rebar found for the common Easterly comer of said Lot 46 and of said |
---|
397 | 397 | | Lot 45; |
---|
398 | 398 | | North 02°43'48" East a distance of 769.06 feet to a 5/8-inch |
---|
399 | 399 | | rebar found for the Northeast corner of said Lot 42; |
---|
400 | 400 | | North 89°33'12" West a distance of 194.92 feet to a 1/2-inch |
---|
401 | 401 | | rebar found for a Northwesterly comer of said Lot 42; and |
---|
402 | 402 | | Along a curve to the Left having a radius of 25.00 feet, an |
---|
403 | 403 | | arc length of 39.18 feet, a delta angle of 89°47'38", and a chord |
---|
404 | 404 | | which bears South 45°37'41" West a distance of 35.29 feet to a |
---|
405 | 405 | | 1/2-inch rebar found in the existing Easterly right-of-way line of |
---|
406 | 406 | | said Smith Road for a Northwesterly corner of said Lot 42; |
---|
407 | 407 | | THENCE North 00°35'40" East with the existing Easterly |
---|
408 | 408 | | right-of-way line of said Smith Road and a common Westerly line of |
---|
409 | 409 | | the remainder of said 71.36 acre tract, a distance of 109.91 feet to |
---|
410 | 410 | | a Calculated Point for a Southwesterly corner of Lot 6, Block B, of |
---|
411 | 411 | | said WOODRUN SUBDIVISION SECTION ONE, from which a 5/8-inch rebar |
---|
412 | 412 | | found bears North 05°37'24" West, a distance of 1.19 feet; |
---|
413 | 413 | | THENCE with the Westerly line of the remainder of said 71.36 |
---|
414 | 414 | | acre tract and the common line of said Lot 6 and then of Lots 5, 4, |
---|
415 | 415 | | 3, 2 and 1 of said Block B, the following eight (8) courses and |
---|
416 | 416 | | distances: |
---|
417 | 417 | | Along a curve to the Left having a radius of 25.00 feet, an |
---|
418 | 418 | | arc length of 39.28 feet, a delta angle of 90°00'54", and a chord |
---|
419 | 419 | | which bears South 44°33'12" East a distance of 35.36 feet to a |
---|
420 | 420 | | Calculated Point for a Southwesterly corner of said Lot 6, from |
---|
421 | 421 | | which a 5/8-inch rebar found bears North 14°26'11" West, a distance |
---|
422 | 422 | | of 1.33 feet; |
---|
423 | 423 | | South 89°33'12" East a distance of 195.00 feet to a 5/8-inch |
---|
424 | 424 | | rebar found for the Southeast corner of said Lot 6; |
---|
425 | 425 | | North 00°30'54" East passing at a distance of 200.20 feet a |
---|
426 | 426 | | 5/8-inch rebar found for the common Easterly corner of said Lot 6 |
---|
427 | 427 | | and of said Lot 5, and continuing for a total distance of 314.34 |
---|
428 | 428 | | feet to a 5/8-inch rebar found for an angle point of said 71.36 acre |
---|
429 | 429 | | tract and of said Lot 5; |
---|
430 | 430 | | North 20°40'55" East passing at a distance of 50.27 feet a |
---|
431 | 431 | | 1/2-inch rebar found for the common Easterly corner of said Lot 5 |
---|
432 | 432 | | and of said Lot 4, then passing at a distance of 244.54 feet a |
---|
433 | 433 | | 1/2-inch rebar found for the common Easterly corner of said Lot 4 |
---|
434 | 434 | | and of said Lot 3, and continuing for a total distance of 420.04 |
---|
435 | 435 | | feet to a 5/8-inch rebar found for the common Easterly corner of |
---|
436 | 436 | | said Lot 3 and of said Lot 2; |
---|
437 | 437 | | North 35°36'18" East a distance of 329.13 feet to a 5/8-inch |
---|
438 | 438 | | rebar found for the Northeast comer of said Lot 1; |
---|
439 | 439 | | Along a curve to the Left having a radius of 270.00 feet, an |
---|
440 | 440 | | arc length of 85.33 feet, a delta angle of 18°06'30", and a chord |
---|
441 | 441 | | which bears North 62°08'00" West a distance of 84.98 feet to a |
---|
442 | 442 | | 5/8-inch rebar found; |
---|
443 | 443 | | North 71°18'08" West a distance of 222.07 feet to a 5/8-inch |
---|
444 | 444 | | rebar found for a Northwesterly corner of said Lot 1; and |
---|
445 | 445 | | Along a curve to the Left having a radius of 25.00 feet, an |
---|
446 | 446 | | arc length of 39.08 feet, a delta angle of 89°34'24", and a chord |
---|
447 | 447 | | which bears South 63°25'16" West a distance of 35.22 feet to a |
---|
448 | 448 | | 1/2-inch rebar found in the existing Easterly right-of-way line of |
---|
449 | 449 | | said Smith Road for a Northwesterly corner of said Lot 1; |
---|
450 | 450 | | THENCE North 18°35'25" East with the existing Easterly |
---|
451 | 451 | | right-of-way line of said Smith Road and a common Westerly line of |
---|
452 | 452 | | the remainder of said 71.36 acre tract, a distance of 110.29 feet to |
---|
453 | 453 | | a 1/2-inch rebar with cap stamped "LSI SURVEY" set for a |
---|
454 | 454 | | Southwesterly corner of Lot 15, said Block A; |
---|
455 | 455 | | THENCE with the Westerly line of the remainder of said 71.36 |
---|
456 | 456 | | acre tract and the common line of said Lot 15, then of Lots 14, 13 |
---|
457 | 457 | | and 12 of said Block A, the following seven (7) courses and |
---|
458 | 458 | | distances: |
---|
459 | 459 | | Along a curve to the Left having a radius of 25.00 feet, an |
---|
460 | 460 | | arc length of 39.28 feet, a delta angle of 90°00'54", and a chord |
---|
461 | 461 | | which bears South 26°16'39" East a distance of 35.36 feet to a |
---|
462 | 462 | | 5/8-inch rebar found for a Southwesterly corner of said Lot 15; |
---|
463 | 463 | | South 71°16'39" East a distance of 222.07 feet to a 1/2-inch |
---|
464 | 464 | | rebar with cap stamped "ASH RPLS 5687" found for the Southeast |
---|
465 | 465 | | corner of said Lot 15; |
---|
466 | 466 | | North 28°00'53" East a distance of 567.64 feet to a 1/2-inch |
---|
467 | 467 | | rebar found for the Northeast comer of said Lot 12; |
---|
468 | 468 | | North 48°34'10" West a distance of 200.25 feet to a 1/2-inch |
---|
469 | 469 | | rebar found; |
---|
470 | 470 | | Along a curve to the Left having a radius of 270.00 feet, an |
---|
471 | 471 | | arc length of 107.16 feet, a delta angle of 22°44'25", and a chord |
---|
472 | 472 | | which bears North 59°54'01" West a distance of 106.46 feet to a |
---|
473 | 473 | | 5/8-inch rebar found; |
---|
474 | 474 | | North 71°20'23" West a distance of 24.94 feet to a 5/8-inch |
---|
475 | 475 | | rebar found; and |
---|
476 | 476 | | Along a curve to the Left having a radius of 25.00 feet, an |
---|
477 | 477 | | arc length of 39.18 feet, a delta angle of 89°47'07", and a chord |
---|
478 | 478 | | which bears South 63°39'20" West a distance of 35.29 feet to a |
---|
479 | 479 | | 5/8-inch rebar found in the existing Easterly right-of-way line of |
---|
480 | 480 | | said Smith Road for a Northwesterly corner of said Lot 12; |
---|
481 | 481 | | THENCE North 18°39'01" East with the existing Easterly |
---|
482 | 482 | | right-of-way line of said Smith Road and a common Westerly line of |
---|
483 | 483 | | the remainder of said 71.36 acre tract, a distance of 109.97 feet to |
---|
484 | 484 | | a 5/8-inch rebar found for a Southwesterly comer of Lot 2, said |
---|
485 | 485 | | Block A; |
---|
486 | 486 | | THENCE with the Westerly line of the remainder of said 71.36 |
---|
487 | 487 | | acre tract and the common line of said Lot 2 and of Lot 1, said Block |
---|
488 | 488 | | A, the following five (5) courses and distances: |
---|
489 | 489 | | Along a curve to the Left having a radius of 25.00 feet, an |
---|
490 | 490 | | arc length of 38.77 feet, a delta angle of 88°51'35", and a chord |
---|
491 | 491 | | which bears South 26°02'06" East a distance of 35.00 feet to a |
---|
492 | 492 | | 5/8-inch rebar found; |
---|
493 | 493 | | South 71°06'47" East a distance of 25.33 feet to a 5/8-inch |
---|
494 | 494 | | rebar found; |
---|
495 | 495 | | Along a curve to the Right having a radius of 330.00 feet, an |
---|
496 | 496 | | arc length of 131.12 feet, a delta angle of 22°45'53", and a chord |
---|
497 | 497 | | which bears South 59°55'40" East a distance of 130.26 feet to a |
---|
498 | 498 | | 1/2-inch rebar with cap stamped "J.E. GARON RPLS 4303" found; |
---|
499 | 499 | | South 48°23'53" East a distance of 69.48 feet to a 5/8-inch |
---|
500 | 500 | | rebar found for the Southeasterly corner of said Lot 2; and |
---|
501 | 501 | | North 41°26'12" East passing at a distance of 151.19 feet a |
---|
502 | 502 | | 5/8-inch rebar for the common Easterly corner of said Lot 2 and of |
---|
503 | 503 | | said Lot 1, and continuing for a total distance of 276.19 feet to a |
---|
504 | 504 | | 5/8-inch for the Northerly common corner of the remainder of said |
---|
505 | 505 | | 71.36 acre tract and of said Lot 1, being in the common |
---|
506 | 506 | | Southwesterly line of a called 28.115 acre tract of land described |
---|
507 | 507 | | as Tract 1 in a General Warranty Deed with Vendor's Lien to Samuel |
---|
508 | 508 | | J. Stevenson and Christiane M. Stevenson, recorded in Document |
---|
509 | 509 | | No. 200800379 (also known as Volume 1804, Page 828) of said |
---|
510 | 510 | | O.P.R.B.C.T.; |
---|
511 | 511 | | THENCE South 48°30'35" East with the Northeasterly line of the |
---|
512 | 512 | | remainder of said 71.36 acre tract and partially with the |
---|
513 | 513 | | Southwesterly common line of said 28.115 acre tract, then partially |
---|
514 | 514 | | with the common Southwesterly line of Lot 5, Block D, LEGENDS COVE |
---|
515 | 515 | | SECTION TWO, a subdivision of record in Cabinet 7, Page 155-A of |
---|
516 | 516 | | said P.R.B.C.T., and then partially with the existing Southeasterly |
---|
517 | 517 | | right-of-way line of said Cirrus Lane, a distance of 932.54 feet to |
---|
518 | 518 | | a 1/2-inch rebar found for the common Southerly corner of the |
---|
519 | 519 | | existing Southeasterly right-of-way line of Cirrus Lane and of said |
---|
520 | 520 | | 21.282 acre tract, from which a 1/2-inch rebar in the Northwesterly |
---|
521 | 521 | | line of said 127.574 acre tract, being the common Easterly corner of |
---|
522 | 522 | | said 71.36 acre tract and of said 21.282 acre tract bears South |
---|
523 | 523 | | 48°20'23" East, a distance of 548.06 feet; |
---|
524 | 524 | | THENCE North 42°27'57" East with the existing Southeasterly |
---|
525 | 525 | | right-of-way line of said Cirrus Lane and partially with the common |
---|
526 | 526 | | Northwesterly line of said 21.282 acre tract, then partially with |
---|
527 | 527 | | the common Northwesterly line of said 9.996 acre tract, and then |
---|
528 | 528 | | partially with the common Northwesterly line of said 5.000 acre |
---|
529 | 529 | | tract, a distance of 2,980.30 feet to the POINT OF BEGINNING and |
---|
530 | 530 | | containing 252.94 acres of land, more or less. |
---|
531 | 531 | | SECTION 3. (a) The legal notice of the intention to |
---|
532 | 532 | | introduce this Act, setting forth the general substance of this |
---|
533 | 533 | | Act, has been published as provided by law, and the notice and a |
---|
534 | 534 | | copy of this Act have been furnished to all persons, agencies, |
---|
535 | 535 | | officials, or entities to which they are required to be furnished |
---|
536 | 536 | | under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
---|
537 | 537 | | Government Code. |
---|
538 | 538 | | (b) The governor, one of the required recipients, has |
---|
539 | 539 | | submitted the notice and Act to the Texas Commission on |
---|
540 | 540 | | Environmental Quality. |
---|
541 | 541 | | (c) The Texas Commission on Environmental Quality has filed |
---|
542 | 542 | | its recommendations relating to this Act with the governor, the |
---|
543 | 543 | | lieutenant governor, and the speaker of the house of |
---|
544 | 544 | | representatives within the required time. |
---|
545 | 545 | | (d) All requirements of the constitution and laws of this |
---|
546 | 546 | | state and the rules and procedures of the legislature with respect |
---|
547 | 547 | | to the notice, introduction, and passage of this Act are fulfilled |
---|
548 | 548 | | and accomplished. |
---|
549 | 549 | | SECTION 4. (a) If this Act does not receive a two-thirds |
---|
550 | 550 | | vote of all the members elected to each house, Subchapter C, Chapter |
---|
551 | 551 | | 8022A, Special District Local Laws Code, as added by Section 1 of |
---|
552 | 552 | | this Act, is amended by adding Section 8022A.0307 to read as |
---|
553 | 553 | | follows: |
---|
554 | 554 | | Sec. 8022A.0307. NO EMINENT DOMAIN POWER. The district may |
---|
555 | 555 | | not exercise the power of eminent domain. |
---|
556 | 556 | | (b) This section is not intended to be an expression of a |
---|
557 | 557 | | legislative interpretation of the requirements of Section 17(c), |
---|
558 | 558 | | Article I, Texas Constitution. |
---|
559 | 559 | | SECTION 5. This Act takes effect immediately if it receives |
---|
560 | 560 | | a vote of two-thirds of all the members elected to each house, as |
---|
561 | 561 | | provided by Section 39, Article III, Texas Constitution. If this |
---|
562 | 562 | | Act does not receive the vote necessary for immediate effect, this |
---|
563 | 563 | | Act takes effect September 1, 2025. |
---|