89R25302 MP-F
By: Gerdes H.B. No. 5695
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Sayers Ranch Municipal Utility
District; granting a limited power of eminent domain; providing
authority to issue bonds; providing authority to impose
assessments, fees, and taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 8022A to read as follows:
CHAPTER 8022A. SAYERS RANCH MUNICIPAL UTILITY DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8022A.0101. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Director" means a board member.
(4) "District" means the Sayers Ranch Municipal
Utility District.
Sec. 8022A.0102. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8022A.0103. CONFIRMATION AND DIRECTOR ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 8022A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section
8022A.0103 until each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located has
consented by ordinance or resolution to the creation of the
district and to the inclusion of land in the district as required by
applicable law.
Sec. 8022A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
(a) The district is created to serve a public purpose and benefit.
(b) The district is created to accomplish the purposes of:
(1) a municipal utility district as provided by
general law and Section 59, Article XVI, Texas Constitution; and
(2) Section 52, Article III, Texas Constitution, that
relate to the construction, acquisition, improvement, operation,
or maintenance of macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 8022A.0106. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act enacting this chapter form a closure. A mistake made in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose a tax; or
(4) legality or operation.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8022A.0201. GOVERNING BODY; TERMS. (a) The district
is governed by a board of five elected directors.
(b) Except as provided by Section 8022A.0202, directors
serve staggered four-year terms.
Sec. 8022A.0202. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Blake Scrivener;
(2) Lindsay Key;
(3) John Cox;
(4) Jeremy Brannon; and
(5) Joe Daly.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8022A.0103; or
(2) the fourth anniversary of the effective date of
the Act enacting this chapter.
(c) If permanent directors have not been elected under
Section 8022A.0103 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 8022A.0103; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the commission requesting that the
commission appoint as successor temporary directors the five
persons named in the petition. The commission shall appoint as
successor temporary directors the five persons named in the
petition.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8022A.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8022A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 54, Water Code,
applicable to municipal utility districts created under Section 59,
Article XVI, Texas Constitution.
Sec. 8022A.0303. AUTHORITY FOR ROAD PROJECTS. Under
Section 52, Article III, Texas Constitution, the district may
design, acquire, construct, finance, issue bonds for, improve,
operate, maintain, and convey to this state, a county, or a
municipality for operation and maintenance macadamized, graveled,
or paved roads, or improvements, including storm drainage, in aid
of those roads.
Sec. 8022A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
road project must meet all applicable construction standards,
zoning and subdivision requirements, and regulations of each
municipality in whose corporate limits or extraterritorial
jurisdiction the road project is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
project must meet all applicable construction standards,
subdivision requirements, and regulations of each county in which
the road project is located.
(c) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 8022A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
ORDINANCE OR RESOLUTION. The district shall comply with all
applicable requirements of any ordinance or resolution that is
adopted under Section 54.016 or 54.0165, Water Code, and that
consents to the creation of the district or to the inclusion of land
in the district.
Sec. 8022A.0306. DIVISION OF DISTRICT. This chapter
applies to any new district created by the division of the district
under Section 49.316, Water Code, and a new district has all the
powers and duties of the district.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8022A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
The district may issue, without an election, bonds and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section
8022A.0403.
(b) The district must hold an election in the manner
provided by Chapters 49 and 54, Water Code, to obtain voter approval
before the district may impose an ad valorem tax or issue bonds
payable from ad valorem taxes.
(c) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
Sec. 8022A.0402. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8022A.0401, the
district may impose an operation and maintenance tax on taxable
property in the district in accordance with Section 49.107, Water
Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Sec. 8022A.0403. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8022A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 8022A.0502. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Sections 54.601 and 54.602, Water Code.
Sec. 8022A.0503. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other obligations
issued or incurred to finance road projects and payable from ad
valorem taxes may not exceed one-fourth of the assessed value of the
real property in the district.
SECTION 2. The Sayers Ranch Municipal Utility District
initially includes all the territory contained in the following
area:
BEING 252.94 ACRES OF LAND, SURVEYED BY LANDESIGN SERVICES,
INC., SITUATED IN THE STEPHEN F. AUSTIN SURVEY, ABSTRACT NO. 3 AND
THE BASTROP TOWN TRACT SURVEY, ABSTRACT NO. 11, IN BASTROP COUNTY,
TEXAS, BEING COMPRISED OF A CALLED 127.574 ACRE TRACT OF LAND
DESCRIBED IN A DEED TO T.C. HOFFMAN AND GLADYS M. HOFFMAN, RECORDED
IN VOLUME 221, PAGE 522 OF THE DEED RECORDS OF BASTROP COUNTY, TEXAS
(D.R.B.C.T.), ALL OF A CALLED 0.226 OF ONE ACRE TRACT OF LAND
DESCRIBED IN A GENERAL WARRANTY DEED TO T.C. HOFFMAN AND WIFE,
GLADYS HOFFMAN RECORDED IN VOLUME 327, PAGE 295 OF SAID D.R.B.C.T.,
ALL OF A CALLED 1.00 ACRE TRACT OF LAND DESCRIBED IN A DEED TO TRAVIS
CLAUDE HOFFMAN, JR. AND LAURIE LYNN HOFFMAN, RECORDED IN VOLUME
296, PAGE 652 OF SAID D.R.B.C.T., ALL OF A CALLED 4.516 ACRE TRACT
OF LAND DESCRIBED IN A DEED OF GIFT TO TRAVIS CLAUDE HOFFMAN, JR.
AND SHIRLEY HOFFMAN QUINCY, RECORDED IN VOLUME 2330, PAGE 884 OF THE
OFFICIAL PUBLIC RECORDS OF BASTROP COUNTY, TEXAS (O.P.R.B.C.T.),
ALL OF A CALLED 5.000 ACRE TRACT OF LAND DESCRIBED AS TRACT ONE AND
ALL OF A CALLED 9.996 ACRE TRACT OF LAND DESCRIBED AS TRACT TWO IN A
WARRANTY DEED WITH VENDOR'S LIEN TO JAMES S. FRONCEK AND WIFE,
VIVIAN A. FRONCEK, RECORDED IN VOLUME 690, PAGE 50, OF SAID
O.R.B.C.T., ALL OF A CALLED 21.282 ACRE TRACT OF LAND DESCRIBED IN
AN ASSUMPTION DEED TO JAMES S. FRONCEK AND WIFE, VIVIAN A. FRONCEK,
RECORDED IN VOLUME 690, PAGE 70 OF SAID O.R.B.C.T., A REMAINDER OF A
CALLED 43.38 ACRE TRACT OF LAND DESCRIBED AS FIRST TRACT, AND THE
REMAINDER OF A CALLED 71.36 ACRE TRACT OF LAND, BOTH TRACTS
DESCRIBED IN A WARRANTY DEED TO WOODRUN DEVELOPMENT CO., LTD.,
RECORDED IN VOLUME 947, PAGE 650, OF SAID O.R.B.C.T., BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 3/8-inch rebar found in the existing
Southwesterly right-of-way line of Sayers Road (CR 157, No record
information found) (R.O.W. Width Varies) and the existing
Southeasterly right-of-way line of Cirrus Lane (75' Wide R.O.W.
-LEGENDS COVE SECTION TWO, a subdivision of record in Cabinet 7,
Page 32-B, of the Plat Records of Bastrop County, Texas
(P.R.B.C.T.)), for the POINT OF BEGINNING and Northerly corner of
said 5.000 acre tract and hereof;
THENCE with the existing Southwesterly right-of-way line of
said Sayers Road and partially with the common Northeasterly line
of said 5.000 acre tract, and then partially with the common
Northeasterly line of said 21.282 acre tract, the following two (2)
courses and distances:
South 29°18'43" East a distance of 490.94 feet to a 1/2-inch
rebar with cap stamped "LSI SURVEY" set; and
South 35°14'18" East a distance of 88.99 feet to a 3/8-inch
rebar found for the northerly common corner of said 21.282 acre
tract and of the GOMEZ RODRIGUEZ SAYERS SUBDIVISION, a subdivision
of record in Cabinet 7, Page 195-A, of said P.R.B.C.T.;
THENCE South 43°03'11" West along the common line of said
21.282 acre tract and of said GOMEZ RODRIGUEZ SAYERS SUBDIVISION, a
distance of 804.16 feet to a 5/8-inch rebar found in the
Southeasterly line of said 21.282 acre tract, being the common
Westerly corner of said 4.462 acre tract and of said 127.574 acre
tract;
THENCE South 47°50'01" East along the common line of said
127.574 acre tract and of said GOMEZ RODRIGUEZ SAYERS SUBDIVISION,
a distance of 244.81 feet to a 3/8-inch rebar found in the
Northeasterly line of said 127.574 acre tract, being the common
Southerly corner of said GOMEZ RODRIGUEZ SAYERS SUBDIVISION and of
said 4.516 acre tract;
THENCE North 42°41'27" East along the common line of said
4.516 acre tract and of said GOMEZ RODRIGUEZ SAYERS SUBDIVISION and
then the Southwesterly right-of-way line of said Sayers Road, a
distance of 795.57 feet to a 1/2-inch rebar with cap marked "J.E.
GARRON RPLS 4303" found in the Southwesterly right-of-way line of
said Sayers Road, being the Northeasterly corner of said 4.516 acre
tract;
THENCE, along the common line of the Southwesterly
right-of-way line of said Sayers Road and of the Northerly line of
said 4.516 acre tract, the following five (5) courses and
distances:
South 37°09'48" East, a distance of 143.70 feet to a 1/2-inch
rebar with cap marked "J.E. GARRON RPLS 4303" found;
South 34°24'07" East, a distance of 45.18 feet to a 1/2-inch
rebar with cap marked "J.E. GARRON RPLS 4303" found;
South 28°31'23" East, a distance of 29.84 feet to a 1/2-inch
rebar with cap marked "J.E. GARRON RPLS 4303" found;
South 24°30'18" East, a distance of 47.38 feet to a 1/2-inch
rebar with cap marked "J.E. GARRON RPLS 4303" found;
South 18°58'24" East, a distance of 11.95 feet to a 1/2-inch
rebar with cap marked "J.E. GARRON RPLS 4303" found in the
Southwesterly right-of-way line of said Sayers Road, being the
Northerly common corner of said 4.516 acre tract and of a called
2.2425 acre tract of land described in a General Warranty Deed to
Leslie L. Anderson and Rebecca Anderson, recorded in Document
No. 201409226 (also known as Volume 2338, Page 47) of said
O.P.R.B.C.T.;
THENCE South 44°37'13" West along the common line of said
4.516 acre tract and of said 2.2425 acre tract, a distance of 725.06
feet to a 3/8-inch rebar found in the Northeasterly line of said
127.574 acre tract, being the common Southerly comer of said 4.516
acre tract and of said 2.2425 acre tract;
THENCE South 47°28'20" East with the Northeasterly line of
said 127.574 acre tract and partially with the common Southwesterly
lines of said 2.2425 acre tract, a called 2.240 acre tract of land
described in a General Warranty Deed to Leslie L. Anderson and wife,
Rebecca J. Anderson, recorded in Volume 754, Page 732, of said
O.R.B.C.T., and a called 4.485 acre tract of land described in a
Special Warranty Deed with Vendor's Lien to Liberty Hill Truck
Service LLC, recorded in Document No. 202212580 of said
O.P.R.B.C.T., a distance of 785.81 feet to a 1/2- inch rebar found
in the Northwesterly line of a called 22.644 acre tract of land
described in a Correction Special Warranty Deed to Mainstreet
Bastrop, LLC, recorded in Document No. 202224002 of said
O.P.R.B.C.T., for the common Easterly corner of said 4.485 acre
tract and of said 127.574 acre tract;
THENCE with the Southeasterly line of said 127.574 acre tract
and partially with the common Northwesterly line of said 22.644
acre tract, and partially with the common Northwesterly line of a
called 100 acre tract described in a General Warranty Deed to Janet
Lynn Stanton recorded in Document No. 202414426, of said
O.P.R.B.C.T., the following nine (9) courses and distances:
South 40°55'45" West a distance of 188.40 feet to a 1/2-inch
rebar with cap stamped "LSI SURVEY" set;
South 41°29'44" West a distance of 340.48 feet to a 1/2-inch
rebar with cap stamped "LSI SURVEY" set;
South 41°31'37" West a distance of 99.68 feet to a 1/2-inch
rebar with cap stamped "LSI SURVEY" set;
South 44°37'38" West a distance of 91.64 feet to a 1/2-inch
rebar with cap stamped "LSI SURVEY" set; and
South 49°29'13" West a distance of 61.37 feet to a 1/2-inch
rebar with cap stamped "LSI SURVEY" set in the Southeasterly line of
said 127.574 acre tract and the common Northwesterly line of said
22.644 acre tract;
South 43°51'55" West a distance of 482.44 feet to a 1/2-inch
rebar with cap stamped "LSI SURVEY" set;
South 43°09'33" West a distance of 796.87 feet to a 1/2-inch
rebar with cap stamped "LSI SURVEY" set;
South 14°00'38" West a distance of 56.74 feet to a 1/2-inch
rebar with cap stamped "LSI SURVEY" set; and
South 08°52'45" West a distance of 195.88 feet to a 1/2-inch
rebar with cap stamped "LSI SURVEY" set in the Southeasterly line of
said 127.574 acre tract and the common Northwesterly line of a
called 110.7880 acre tract of land described as Tract Three in a
General Warranty Deed with Life Estate Reservation to Glenn Odom
and Donna Cassel, recorded in Document No. 201315326 (also known as
Volume 2280, Page 809) of said O.P.R.B.C.T., for the Southwesterly
corner of said 100 acre tract;
THENCE with the Southeasterly line of said 127.574 acre tract
and the common Northwesterly line of said 110.7880 acre tract, the
following two (2) courses and distances:
South 56°47'19" West a distance of 504.66 feet to a 60D nail
found; and
South 43°54'44" West a distance of 76.76 feet to a 1/2-inch
rebar found for the Northerly common comer of said 110.7880 acre
tract, said 127.574 acre tract, of a called 52.930 acre tract of
land described in a General Warranty Deed with Vendor's Lien to
Donald L. Furry, recorded in Document No. 201604620 of said
O.P.R.B.C.T., and of a said 0.226 of one acre tract;
THENCE South 42°30'57" West with the Southeasterly line of
said 0.226 of one acre tract and the common Northwesterly line of
said 52.930 acre tract, a distance of 1,509.88 feet to a 1/2-inch
rebar found for the common corner of the remainder of said 43.38
acre tract, of said 0.226 of one acre tract, of said 52.930 acre
tract and of a called 21.222 acre tract of land described in a
Warranty Deed with Vendor's Lien to Glenn D. Synnott Revocable
Living Trust recorded in Document No. 201809859 of said
O.P.R.B.C.T.;
THENCE South 43°07'59" West with the Southeasterly line of the
remainder of said 43.38 acre tract and partially with the common
Northwesterly line of said 21.222 acre tract, then partially with
the common Northwesterly line of a called 10.289 acre tract of land
described in a General Warranty Deed with Vendor's Lien to James C.
Caouette, recorded in Document No. 202005646 of said O.P.R.B.C.T.,
and then partially with the common Northwesterly line of a called
10.289 acre tract of land described in Warranty Deed with Vendor's
Lien to Alejandro Alvarado Rosas, recorded in Document
No. 201915162 of said O.P.R.B.C.T., passing at a distance of 11.60
feet a 1/2-inch rebar found with "J.E. GARRON RPLS 4303", and
continuing for a total distance of 1,331.18 feet to a 5/8-inch rebar
found in the Northwesterly line of said 10.289 acre tract, for the
Southernmost comer of the remainder of said 43.38 acre tract, also
being the common Easterly corner of Lot 77 and Lot 78, Block A,
WOODRUN SUBDIVISION SECTION ONE, a subdivision of record in Cabinet
3, Page 68-A, of said P.R.B.C.T.;
THENCE with the Westerly line of the remainder of said 43.38
acre tract and the common line of Lots 77, 76, 75 and 74 of said
Block A, the following four (4) courses and distances:
North 43°56'58" West a distance of 384.36 feet to a 5/8-inch
rebar found for the common Easterly corner of said Lot 76 and said
Lot 75;
North 01°57'13" East a distance of 459.68 feet to a 5/8-inch
rebar found for the Northeast corner of said Lot 74;
North 88°00'55" West a distance of 165.15 feet to a 5/8-inch
rebar found for a Northwesterly comer of said Lot 74; and
Along a curve to the Left having a radius of 25.00 feet, an
arc length of 39.49 feet, a delta angle of 90°29'44", and a chord
which bears South 47°02'09" West a distance of 35.51 feet to a
5/8-inch rebar found in the existing Easterly right-of-way line of
Smith Road (CR 418 - R.O.W. Width Varies) for a Northwesterly corner
of said Lot 74;
THENCE North 02°01'21" East with the existing Easterly
right-of-way line of said Smith Road and a common Westerly line of
the remainder of said 43.38 acre tract, a distance of 110.08 feet to
a 5/8-inch rebar found for a Southwesterly corner of Lot 50, of said
Block A;
THENCE partially of the Westerly line of the remainder of
said 43.38 acre tract and then partially with the Westerly line of
the remainder of said 71.36 acre tract and the common line of said
Lot 50, then Lots 49, 48, 47, 46, 45, 44, 43 and 42 of said Block A,
the following seven (7) courses and distances:
Along a curve to the Left having a radius of 25.00 feet, an
arc length of 39.02 feet, a delta angle of 89°26'16", and a chord
which bears South 42°52'50" East a distance of 35.18 feet to a
5/8-inch rebar found for a Southwesterly comer of said Lot 50;
South 88°03'20" East a distance of 165.04 feet to a 5/8-inch
rebar found for the Southeast comer of said Lot 50;
North 03°19'29" East passing at a distance of 456.30 feet a
5/8-inch rebar found for the common Easterly corner of said Lot 49
and of said Lot 48, a continuing for a total distance of 847.36 feet
to a 5/8-inch rebar found for the common Easterly corner of said Lot
47 and of said Lot 46;
North 19°04'55" West a distance of 165.28 feet to a 5/8-inch
rebar found for the common Easterly comer of said Lot 46 and of said
Lot 45;
North 02°43'48" East a distance of 769.06 feet to a 5/8-inch
rebar found for the Northeast corner of said Lot 42;
North 89°33'12" West a distance of 194.92 feet to a 1/2-inch
rebar found for a Northwesterly comer of said Lot 42; and
Along a curve to the Left having a radius of 25.00 feet, an
arc length of 39.18 feet, a delta angle of 89°47'38", and a chord
which bears South 45°37'41" West a distance of 35.29 feet to a
1/2-inch rebar found in the existing Easterly right-of-way line of
said Smith Road for a Northwesterly corner of said Lot 42;
THENCE North 00°35'40" East with the existing Easterly
right-of-way line of said Smith Road and a common Westerly line of
the remainder of said 71.36 acre tract, a distance of 109.91 feet to
a Calculated Point for a Southwesterly corner of Lot 6, Block B, of
said WOODRUN SUBDIVISION SECTION ONE, from which a 5/8-inch rebar
found bears North 05°37'24" West, a distance of 1.19 feet;
THENCE with the Westerly line of the remainder of said 71.36
acre tract and the common line of said Lot 6 and then of Lots 5, 4,
3, 2 and 1 of said Block B, the following eight (8) courses and
distances:
Along a curve to the Left having a radius of 25.00 feet, an
arc length of 39.28 feet, a delta angle of 90°00'54", and a chord
which bears South 44°33'12" East a distance of 35.36 feet to a
Calculated Point for a Southwesterly corner of said Lot 6, from
which a 5/8-inch rebar found bears North 14°26'11" West, a distance
of 1.33 feet;
South 89°33'12" East a distance of 195.00 feet to a 5/8-inch
rebar found for the Southeast corner of said Lot 6;
North 00°30'54" East passing at a distance of 200.20 feet a
5/8-inch rebar found for the common Easterly corner of said Lot 6
and of said Lot 5, and continuing for a total distance of 314.34
feet to a 5/8-inch rebar found for an angle point of said 71.36 acre
tract and of said Lot 5;
North 20°40'55" East passing at a distance of 50.27 feet a
1/2-inch rebar found for the common Easterly corner of said Lot 5
and of said Lot 4, then passing at a distance of 244.54 feet a
1/2-inch rebar found for the common Easterly corner of said Lot 4
and of said Lot 3, and continuing for a total distance of 420.04
feet to a 5/8-inch rebar found for the common Easterly corner of
said Lot 3 and of said Lot 2;
North 35°36'18" East a distance of 329.13 feet to a 5/8-inch
rebar found for the Northeast comer of said Lot 1;
Along a curve to the Left having a radius of 270.00 feet, an
arc length of 85.33 feet, a delta angle of 18°06'30", and a chord
which bears North 62°08'00" West a distance of 84.98 feet to a
5/8-inch rebar found;
North 71°18'08" West a distance of 222.07 feet to a 5/8-inch
rebar found for a Northwesterly corner of said Lot 1; and
Along a curve to the Left having a radius of 25.00 feet, an
arc length of 39.08 feet, a delta angle of 89°34'24", and a chord
which bears South 63°25'16" West a distance of 35.22 feet to a
1/2-inch rebar found in the existing Easterly right-of-way line of
said Smith Road for a Northwesterly corner of said Lot 1;
THENCE North 18°35'25" East with the existing Easterly
right-of-way line of said Smith Road and a common Westerly line of
the remainder of said 71.36 acre tract, a distance of 110.29 feet to
a 1/2-inch rebar with cap stamped "LSI SURVEY" set for a
Southwesterly corner of Lot 15, said Block A;
THENCE with the Westerly line of the remainder of said 71.36
acre tract and the common line of said Lot 15, then of Lots 14, 13
and 12 of said Block A, the following seven (7) courses and
distances:
Along a curve to the Left having a radius of 25.00 feet, an
arc length of 39.28 feet, a delta angle of 90°00'54", and a chord
which bears South 26°16'39" East a distance of 35.36 feet to a
5/8-inch rebar found for a Southwesterly corner of said Lot 15;
South 71°16'39" East a distance of 222.07 feet to a 1/2-inch
rebar with cap stamped "ASH RPLS 5687" found for the Southeast
corner of said Lot 15;
North 28°00'53" East a distance of 567.64 feet to a 1/2-inch
rebar found for the Northeast comer of said Lot 12;
North 48°34'10" West a distance of 200.25 feet to a 1/2-inch
rebar found;
Along a curve to the Left having a radius of 270.00 feet, an
arc length of 107.16 feet, a delta angle of 22°44'25", and a chord
which bears North 59°54'01" West a distance of 106.46 feet to a
5/8-inch rebar found;
North 71°20'23" West a distance of 24.94 feet to a 5/8-inch
rebar found; and
Along a curve to the Left having a radius of 25.00 feet, an
arc length of 39.18 feet, a delta angle of 89°47'07", and a chord
which bears South 63°39'20" West a distance of 35.29 feet to a
5/8-inch rebar found in the existing Easterly right-of-way line of
said Smith Road for a Northwesterly corner of said Lot 12;
THENCE North 18°39'01" East with the existing Easterly
right-of-way line of said Smith Road and a common Westerly line of
the remainder of said 71.36 acre tract, a distance of 109.97 feet to
a 5/8-inch rebar found for a Southwesterly comer of Lot 2, said
Block A;
THENCE with the Westerly line of the remainder of said 71.36
acre tract and the common line of said Lot 2 and of Lot 1, said Block
A, the following five (5) courses and distances:
Along a curve to the Left having a radius of 25.00 feet, an
arc length of 38.77 feet, a delta angle of 88°51'35", and a chord
which bears South 26°02'06" East a distance of 35.00 feet to a
5/8-inch rebar found;
South 71°06'47" East a distance of 25.33 feet to a 5/8-inch
rebar found;
Along a curve to the Right having a radius of 330.00 feet, an
arc length of 131.12 feet, a delta angle of 22°45'53", and a chord
which bears South 59°55'40" East a distance of 130.26 feet to a
1/2-inch rebar with cap stamped "J.E. GARON RPLS 4303" found;
South 48°23'53" East a distance of 69.48 feet to a 5/8-inch
rebar found for the Southeasterly corner of said Lot 2; and
North 41°26'12" East passing at a distance of 151.19 feet a
5/8-inch rebar for the common Easterly corner of said Lot 2 and of
said Lot 1, and continuing for a total distance of 276.19 feet to a
5/8-inch for the Northerly common corner of the remainder of said
71.36 acre tract and of said Lot 1, being in the common
Southwesterly line of a called 28.115 acre tract of land described
as Tract 1 in a General Warranty Deed with Vendor's Lien to Samuel
J. Stevenson and Christiane M. Stevenson, recorded in Document
No. 200800379 (also known as Volume 1804, Page 828) of said
O.P.R.B.C.T.;
THENCE South 48°30'35" East with the Northeasterly line of the
remainder of said 71.36 acre tract and partially with the
Southwesterly common line of said 28.115 acre tract, then partially
with the common Southwesterly line of Lot 5, Block D, LEGENDS COVE
SECTION TWO, a subdivision of record in Cabinet 7, Page 155-A of
said P.R.B.C.T., and then partially with the existing Southeasterly
right-of-way line of said Cirrus Lane, a distance of 932.54 feet to
a 1/2-inch rebar found for the common Southerly corner of the
existing Southeasterly right-of-way line of Cirrus Lane and of said
21.282 acre tract, from which a 1/2-inch rebar in the Northwesterly
line of said 127.574 acre tract, being the common Easterly corner of
said 71.36 acre tract and of said 21.282 acre tract bears South
48°20'23" East, a distance of 548.06 feet;
THENCE North 42°27'57" East with the existing Southeasterly
right-of-way line of said Cirrus Lane and partially with the common
Northwesterly line of said 21.282 acre tract, then partially with
the common Northwesterly line of said 9.996 acre tract, and then
partially with the common Northwesterly line of said 5.000 acre
tract, a distance of 2,980.30 feet to the POINT OF BEGINNING and
containing 252.94 acres of land, more or less.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 4. (a) If this Act does not receive a two-thirds
vote of all the members elected to each house, Subchapter C, Chapter
8022A, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 8022A.0307 to read as
follows:
Sec. 8022A.0307. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(b) This section is not intended to be an expression of a
legislative interpretation of the requirements of Section 17(c),
Article I, Texas Constitution.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.