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79R13164 QS-F
By: Brown of Kaufman H.B. No. 3556
A BILL TO BE ENTITLED
AN ACT
relating to the creation of Las Lomas Municipal Utility District
No. 4 of Kaufman County; providing authority to impose a tax and
issue bonds; granting the power of eminent domain.
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 8138 to read as follows:
CHAPTER 8138. LAS LOMAS MUNICIPAL UTILITY
DISTRICT NO. 4 OF KAUFMAN COUNTY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8138.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "Director" means a member of the board.
(3) "District" means Las Lomas Municipal Utility
District No. 4 of Kaufman County.
Sec. 8138.002. NATURE OF DISTRICT. The district is a
municipal utility district in Kaufman County created under and
essential to accomplish the purposes of Section 52, Article III,
and Section 59, Article XVI, Texas Constitution. The district is
created to serve a public use and benefit.
Sec. 8138.003. CONFIRMATION ELECTION REQUIRED. If the
creation of the district is not confirmed at a confirmation
election held under Section 8138.023 before September 1, 2007:
(1) the district is dissolved September 1, 2007,
except that:
(A) any debts incurred shall be paid;
(B) any assets that remain after the payment of
debts shall be transferred to Kaufman County; and
(C) the organization of the district shall be
maintained until all debts are paid and remaining assets are
transferred; and
(2) this chapter expires September 1, 2010.
Sec. 8138.004. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act creating this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act creating 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:
(1) the organization, existence, or validity of the
district;
(2) the right of the district to impose taxes; or
(3) the legality or operation of the board.
[Sections 8138.005-8138.020 reserved for expansion]
SUBCHAPTER A1. TEMPORARY PROVISIONS
Sec. 8138.021. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Don Allard;
(2) Terry Durbin;
(3) Michael Higgins;
(4) Matthew McDonald; and
(5) Machelle Wilson.
(b) If a temporary director fails to qualify for office, the
temporary directors who have qualified shall appoint a person to
fill the vacancy. If at any time there are fewer than three
qualified temporary directors, the Texas Commission on
Environmental Quality shall appoint the necessary number of persons
to fill all vacancies on the board.
(c) Temporary directors serve until the earlier of:
(1) the date directors are elected under Section
8138.023; or
(2) the date this chapter expires under Section
8138.003.
Sec. 8138.022. ORGANIZATIONAL MEETING OF TEMPORARY
DIRECTORS. As soon as practicable after all the temporary
directors have qualified under Section 49.055, Water Code, the
temporary directors shall convene the organizational meeting of the
district at a location in the district agreeable to a majority of
the directors. If a location cannot be agreed upon, the
organizational meeting shall be at the Kaufman County Courthouse.
Sec. 8138.023. CONFIRMATION AND INITIAL DIRECTORS'
ELECTION. The temporary directors shall hold an election to
confirm the creation of the district and to elect five directors as
provided by Section 49.102, Water Code.
Sec. 8138.024. INITIAL ELECTED DIRECTORS; TERMS. The
directors elected under Section 8138.023 shall draw lots to
determine which two shall serve until the first regularly scheduled
election of directors under Section 8138.052 and which three shall
serve until the second regularly scheduled election of directors.
Sec. 8138.025. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2010.
[Sections 8138.026-8138.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8138.051. DIRECTORS; TERMS. (a) The district is
governed by a board of five directors.
(b) Directors serve staggered four-year terms.
Sec. 8138.052. ELECTION OF DIRECTORS. On the uniform
election date in May of each even-numbered year, the appropriate
number of directors shall be elected.
[Sections 8138.053-8138.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8138.101. 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. 8138.102. ROAD PROJECTS. (a) The district may
construct, acquire, improve, maintain, or operate macadamized,
graveled, or paved roads or turnpikes, or improvements in aid of
those roads or turnpikes, inside or outside the district.
(b) A project authorized by this section must meet only the
construction standards adopted by the North Central Texas Council
of Governments, or its successor agency.
Sec. 8138.103. ROAD CONTRACTS. The district may contract
for a road project in the same manner as provided by Subchapter I,
Chapter 49, Water Code.
Sec. 8138.104. CERTIFICATE OF CONVENIENCE AND NECESSITY.
(a) The district may pay out of bond proceeds or other available
district money all expenses, including legal, engineering, and
other fees, related to obtaining a new certificate of convenience
and necessity under Chapter 13, Water Code, authorizing the
district to provide retail water or sewer service inside or outside
the district.
(b) The district may pay out of bond proceeds or other
available district money all expenses, including the purchase
price, related to acquiring certificate of convenience and
necessity rights from another retail public utility to allow the
district to provide retail water or sewer service in the district.
Sec. 8138.105. CONTRACT WITH POLITICAL SUBDIVISION FOR
WATER OR SEWER SERVICES. (a) The district may enter into a
contract to allow a political subdivision to provide retail water
or sewer service in the district. The contract may contain terms
the board considers desirable, fair, and advantageous to the
district.
(b) The contract may provide that the district will
construct or acquire and convey to the political subdivision a
water supply or treatment system, a water distribution system, or a
sanitary sewage collection or treatment system as necessary to
provide water or sewer service in the district.
(c) The district may use bond proceeds or other available
district money to pay for its obligations and for services and
facilities provided under the contract.
(d) If the contract requires the district to make payments
from taxes other than operation and maintenance taxes, the contract
is subject to Section 49.108, Water Code.
[Sections 8138.106-8138.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8138.151. OPERATION AND MAINTENANCE TAX. (a) The
district may impose a tax for any district operation and
maintenance purpose in the manner provided by Section 49.107, Water
Code.
(b) Section 49.107(f), Water Code, does not apply to
reimbursements for projects constructed or acquired under Section
8138.102.
Sec. 8138.152. TAX TO REPAY BONDS. The district may impose
a tax to pay the principal of and interest on bonds issued under
Section 8138.201.
Sec. 8138.153. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND
ASSESSMENTS. The district may not impose an impact fee or
assessment on the property, including the equipment,
rights-of-way, facilities, or improvements, of:
(1) an electric utility or a power generation company
as defined by Section 31.002, Utilities Code;
(2) a gas utility as defined by Section 101.003 or
121.001, Utilities Code;
(3) a telecommunications provider as defined by
Section 51.002, Utilities Code;
(4) a cable operator, as defined by 47 U.S.C. Section
522; or
(5) a person who provides to the public advanced
telecommunications services.
[Sections 8138.154-8138.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 8138.201. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. (a) The district may issue bonds or other obligations
as provided by Chapters 49 and 54, Water Code, and to finance:
(1) the construction, maintenance, or operation of
projects under Section 8138.102;
(2) the district's efforts to obtain a new certificate
of convenience and necessity or to acquire certificate of
convenience and necessity rights under Section 8138.104; or
(3) the district's contractual obligations under
Section 8138.105.
(b) The district may not issue bonds or other obligations
secured in whole or in part by ad valorem taxation to finance
projects authorized by Section 8138.102 unless the issuance is
approved by a vote of a two-thirds majority of the voters of the
district voting at an election called for that purpose.
(c) Bonds or other obligations issued or incurred to finance
projects authorized by Section 8138.102 may not exceed one-fourth
of the assessed value of the real property in the district.
(d) Sections 49.181 and 49.182, Water Code, do not apply to
a project undertaken by the district under Section 8138.102 or to
bonds issued by the district to finance the project.
[Sections 8138.202-8138.250 reserved for expansion]
SUBCHAPTER F. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS
Sec. 8138.251. DIVISION OF DISTRICT; REQUIREMENTS. (a) At
any time before the district issues indebtedness secured by taxes
or net revenues, the district, including any annexed territory, may
be divided into two or more new districts.
(b) A new district created by division of the district must
be at least 100 acres.
(c) The board may consider a proposal to divide the district
on:
(1) a petition of a landowner in the district; or
(2) a motion by the board.
(d) If the board decides to divide the district, the board
shall:
(1) set the terms of the division, including names for
the new districts and a plan for the payment or performance of any
outstanding district obligations; and
(2) prepare a metes and bounds description for each
proposed district.
Sec. 8138.252. ELECTION FOR DIVISION OF DISTRICT. (a)
After the board has complied with Section 8138.251(d), the board
shall hold an election in the district to determine whether the
district should be divided as proposed.
(b) The board shall give notice of the election not later
than the 35th day before the date of the election. The notice must
state:
(1) the date and location of the election; and
(2) the proposition to be voted on.
(c) If a majority of the votes are cast in favor of the
division:
(1) the district shall be divided; and
(2) not later than the 30th day after the date of the
election, the district shall provide written notice of the division
to:
(A) the Texas Commission on Environmental
Quality;
(B) the attorney general;
(C) the commissioners court of each county in
which a new district is located; and
(D) any municipality having extraterritorial
jurisdiction over territory in each new district.
(d) If a majority of the votes are not cast in favor of the
division, the district may not be divided.
Sec. 8138.253. ELECTION OF DIRECTORS OF NEW DISTRICTS. (a)
Not later than the 90th day after the date of an election in favor of
the division of the district, the board shall:
(1) appoint itself as the board of one of the new
districts; and
(2) appoint five directors for each of the other new
districts.
(b) Directors appointed under Subsection (a)(1) serve the
staggered terms to which they were elected in the original
district. Directors appointed under Subsection (a)(2) serve until
the election for directors under Subsection (c).
(c) On the uniform election date in May of the first
even-numbered year after the year in which the directors are
appointed, an election shall be held to elect five directors in each
district for which directors were appointed under Subsection
(a)(2). The directors shall draw lots to determine which two shall
serve two-year terms and which three shall serve four-year terms.
(d) Except as provided by Subsection (c), directors serve
staggered four-year terms. On the uniform election date in May of
each even-numbered year, the appropriate number of directors shall
be elected.
Sec. 8138.254. CONTINUING POWERS AND OBLIGATIONS OF NEW
DISTRICTS. (a) Each new district may incur and pay debts and has
all powers of the original district created by this chapter.
(b) If the district is divided as provided by this
subchapter, the current obligations and any bond authorizations of
the district are not impaired. Debts shall be paid by revenues or
by taxes or assessments imposed on real property in the district as
if the district had not been divided or by contributions from each
new district as stated in the terms set by the board under Section
8138.251(d).
(c) Any other district obligation shall be divided pro rata
among the new districts on an acreage basis or on other terms that
are satisfactory to the new districts.
Sec. 8138.255. CONTRACT AUTHORITY OF NEW DISTRICTS. The
new districts may contract with each other for:
(1) water and wastewater services; or
(2) any other matter the boards of the new districts
consider appropriate.
SECTION 2. Las Lomas Municipal Utility District No. 4 of
Kaufman County initially includes all the territory contained in
the following described area:
TRACT 1
BEING a tract of land situated in the R. Mead Survey, Abstract
No. 316, and the W.M. Simpson Survey, Abstract No. 453, Kaufman
County, Texas, and being a part of the certain 442.406 acres tract
of land as conveyed from Michael H. McDowell et al to the McDowell
Clan Limited Company, recorded in Volume 1648, Page 39, of the Deed
Records of Kaufman County, Texas, and a part of that called Second
Tract of 147.4 acres, described in a deed from Thos. R. Bond to
Thomas H. Crofts, recorded in Volume 413, Page 314, of the Deed
Records of Kaufman County, Texas, and being more particularly
described as follows;
COMMENCING at the northeast corner of a 15.332 acre tract
conveyed to James E. Bates, as recorded in Volume 1172, Page 812,
said rod being a point on the southeast line of the (New) Interstate
Highway 20 (variable width right-of-way);
THENCE along the southeast line of the (New) Interstate Highway 20,
the following courses:
N61°26'00"E, 499.31 feet to a corner;
N56°10'06"E, 614.11 feet to a corner;
N52°28'55"E, 550.82 feet to a corner;
N55°36'15"E, 1800.00 feet to a corner;
N58°43'35"E, 550.82 feet to a corner;
N55°36'15"E, 333.17 feet to the POINT OF BEGINNING;
THENCE Northeasterly, continuing along the southeast line of said
(New) Interstate Highway 20, the following courses;
N55°36'15"E, 466.83 feet to a corner;
N53°58'03"E, 1050.43 feet to a corner;
N55°36'15"E, 754.45 feet to the beginning of a tangent curve to the
right;
THENCE Northeasterly, along a tangent curve to the right which has a
chord that bears N57°26'55"E for 355.95 feet, a central angle of
03°41'20" and a radius of 5529.58 feet, for an arc distance of 356.01
feet to the most northerly west corner of a tract of land as
described in a deed to Harry Wayne Everett, recorded in Volume 1148,
Page 696;
THENCE along the southwesterly line of said Everett tract, the
following courses;
S44°02'15"E, 1082.82 feet to a corner;
S43°59'37"E, 434.78 feet to a corner;
S44°44'00"W, 287.56 feet to the beginning of a curve to the right;
Southwesterly along the tangent curve to the right which has a chord
bearing S59°26'46"W, for 245.41 feet, a central angle of 29°34'01"
and a radius of 480.87 feet, for an arc distance of 248.15 feet to
the end of said curve;
S17°58'30"E, 138.44 feet to a corner;
S43°29'26"W, 460.56 feet to an ell corner;
S42°27'26E, 3519.51 feet to the south corner of said Everett tract,
said corner also being the west corner of an 80.000 acre tract of
land called Huneycutt Family Trust;
THENCE S44°28'50"E, 1359.43 feet to a corner;
THENCE S44°00'52"E, 308.37 feet to an ell corner;
THENCE S46°09'05"W, 128.94 feet to the beginning of a non-tangent
curve to the right;
THENCE Northwesterly, along the non-tangent curve to the right
which has a chord that bears N65°53'02"W for 3456.34 feet, a central
angle of 38°12'38" and a radius of 5280.00 feet, for an arc distance
of 3521.23 feet to the end of said curve;
THENCE N46°46'43"W, 1780.63 feet to the beginning of a tangent curve
to the right;
THENCE Northwesterly, along the tangent curve to the right which
has a chord that bears N42°24'39"W for 804.26 feet, a central angle
of 08°44'09" and a radius of 5280.00 feet, for an arc distance of
805.04 feet to the end of said curve;
THENCE N44°06'01"W, 249.64 feet to a corner;
THENCE N37°55'56"W, 400.16 feet to a corner;
THENCE N45°47'07" W, 780.18 feet to the POINT OF BEGINNING and
containing 10,873,600 square feet or 249.623 acres of land, more or
less.
Tract 2
BEING a tract of land situated in the J. W. WARD SURVEY,
ABSTRACT NO. 596, and the W. M. SIMPSON SURVEY, ABSTRACT NO. 453, in
Kaufman County, Texas, and being all of a called 288.239 acre tract
of land described as Tract 1 in a deed to AP Terrell Limited
Partnership, recorded in Volume 2324, Page 267 of the Deed Records
of Kaufman County, Texas, and being more particularly described as
follows, the bearing being referenced to the AP Terrell Limited
Partnership Deed, and being more particularly described as follows:
BEGINNING at a point in the northerly right-of-way of I. H.
20, said point being the east corner of a called 20.575 acre tract
of land described as Tract 9 in a deed to AP Dupont Limited
Partnership, recorded in Volume 2504, Page 77 of said Deed Records,
and the south corner of said 288.239 acre tract;
THENCE North 44 degrees 27 minutes 14 seconds West, along the
northeast line of said 20.575 acre tract and the southwest line of
said 288.239 acre tract, a distance of 889.56 feet to a point in the
southeast line of a called 1012.488 acre tract described in a deed
to AP Dupont Limited Partnership and the west corner of said 288.239
acre tract and the north corner of said 20.575 acre tract;
THENCE North 45 degrees 38 minutes 40 seconds East, along the
southeast line of a said 1012.488 acre tract and the northwest line
of said 288.239 acre tract, a distance of 7660.98 feet for the north
corner of said 288.239 acre tract ;
THENCE South 44 degrees 24 minutes 55 seconds East, along the
southwest line of a tract of land described in deed to C. L.
Hamilton, Jr. recorded in Volume 528, Page 759 of the Deed Records,
Kaufman County, Texas, and the northeast line of said 288.239 acre
tract, a distance of 2008.20 feet;
THENCE South 46 degrees 14 minutes 17 seconds West, along the
southeasterly line of said 288.239 acre tract, a distance of 797.13
feet;
THENCE South 44 degrees 04 minutes 45 seconds East, a distance of
222.22 feet to a point in the northerly right-of-way of I. H. 20 for
the beginning of a non-tangent curve to the left;
THENCE Southwesterly, along the northerly right-of-way of I. H. 20
and along said non-tangent curve to the left which has a chord that
bears South 56 degrees 59 minutes 44 seconds West for 288.05 feet, a
central angle of 02 degrees 47 minutes 01 second and a radius of
5929.58 feet, for an arc distance of 288.08 feet to the end of said
curve;
THENCE South 55 degrees 36 minutes 15 seconds West, continuing
along the northerly right-of-way of I. H. 20, a distance of 904.46
feet;
THENCE South 57 degrees 53 minutes 41 seconds West, continuing
along the northerly right-of-way of I. H. 20, a distance of 750.60
feet
THENCE South 55 degrees 36 minutes 15 seconds West, continuing
along the northerly right-of-way of I. H. 20, a distance of 1150.00
feet;
THENCE South 50 degrees 42 minutes 18 seconds West, continuing
along the northerly right-of-way of I. H. 20, a distance of 351.28
feet;
THENCE South 55 degrees 44 minutes 05 seconds West, continuing
along the northerly right-of-way of I. H. 20, a distance of 2715.75
feet;
THENCE South 63 degrees 17 minutes 12 seconds West, continuing
along the northerly right-of-way of I. H. 20, a distance of 839.80
feet to the POINT OF BEGINNING and containing 288.239 acres of land,
more of less.
Tract 3
BEING a tract of land situated in the J. R. LEATH SURVEY,
ABSTRACT NO. 305, the W. C. MOODY SURVEY, ABSTRACT NO. 321, the
RICHARD MEAD SURVEY, ABSTRACT NO. 326, the LEWIS PEARCE SURVEY,
ABSTRACT NO. 373, the WILLIAM SIMPSON SURVEY, ABSTRACT NO. 453, the
J. W. WARD SURVEY, ABSTRACT NO. 596, and the T. A. WALDROP SURVEY,
ABSTRACT NO. 597 in Kaufman County, Texas, and being all of a called
1012.488 acre tract of land described as Tract 1 in a deed to AP
Dupont Limited Partnership recorded in Volume 2502, Page 77 of the
Deed Records of Kaufman County, Texas, part of a called 1406.504
acre tract of land described as Tract 2 in said deed, all of a called
57.77 acre tract of land described as Tract 5 in said deed, all of a
called 38.410 acre tract of land described as Tract 6A in said deed,
all of a called 46.324 acre tract of land described as Tract 6B in
said deed, all of a called 146.491 acre tract of land described a
Tract 6C in said deed, all of a called 418.350 acre tract of land
described as Tract 6D in said deed, all of a called 210.082 acre
tract of land described as Tract 7 in said deed, all of a called 3.09
acre tract of land described as Tract 8 in said deed, all of a called
20.575 acre tract of land described as Tract 9 in said deed, all of a
called 242.39 acre tract of land described as Tract 10 in said deed,
and all of a called 55.848 acre tract of land described as Tract 11
in said deed, all of a called 40.186 acre tract of land described in
a deed AP Dupont Limited Partnership recorded in Volume 2489, Page
481 of said Deed Records, all of a called 20.000 acre tract
described in a deed to the Texas Veterans Land Board recorded in
Volume 1070, Page 332 and in a Contract of Sale between the Texas
Veterans Land Board and Melvin Earl Duke recorded in Volume 1070,
Page 336 of said Deed Records, and all of a called 20.000 acre tract
of land described in a deed to Robert A. Brooks and Barbara M.
Brooks recorded in Volume 1277, Page 618 of said Deed Records, and
being more particularly described as follows:
BEGINNING at a 5/8-inch iron rod with cap marked "PETITT -
RPLS 4087" set in the southwest right-of-way line of Spur 557
(variable right-of-way) for the most easterly corner of said
1012.488 acre tract (Tract 1) and the northwest corner of a called
131.36 acre tract of land described as Tract V in a deed to 148/I-20
Terrell Partnership, Ltd., recorded in Volume 1939, Page 341 of
said Deed Records;
THENCE South 45 degrees 16 minutes 35 seconds West, along the
southeasterly boundary of said tract 1 and the northwest lines of
said Tract V and a called 120.00 acre tract of land described as
Tract IV in said deed to 148/I-20 Terrell Partnership, Ltd., a
distance of 2141.57 feet to a 5/8-inch iron rod with cap marked
"PETITT - RPLS 4087" set for the most westerly corner of said Tract
IV;
THENCE South 45 degrees 02 minutes 34 seconds East, along the
southwest line of said Tract IV, a distance of 99.72 feet to a
5/8-inch iron rod with cap marked "PETITT - RPLS 4087" set for a
re-entrant corner in said Tract 1 and the north corner of a called
80.083 acre tract of land described in a deed to C. L. Hamilton,
Jr., recorded in Volume 528, Page 759 of said Deed Records;
THENCE South 45 degrees 05 minutes 40 seconds West, continuing
along the southeasterly boundary of said Tract 1 and along the
northwest line of said Hamilton tract, a distance of 1795.83 feet to
a 1/2-inch iron rod found in the northeast line of a called 288.239
acre tract of land described as Tract 1 in a deed to AP Terrell
Limited Partnership recorded in Volume 2324, page 267 of said Deed
Records for the west corner of said Hamilton tract and a re-entrant
corner of said Tract 1;
THENCE North 44 degrees 23 minutes 07 seconds West, continuing
along the southeasterly boundary of said Tract 1 and the northeast
line of said 288.239 acre tract, a distance of 99.93 feet to a
5/8-inch iron rod found for the most northerly corner of said
288.239 acre tract;
THENCE South 45 degrees 29 minutes 35 seconds West, along the common
line between said Tract 1 and said 288.239 acre tract, a distance of
6060.97 feet to a 5/8-inch iron rod with cap marked "PETITT - RPLS
4087" set for an angle point;
THENCE South 45 degrees 28 minutes 26 seconds West, continuing
along said common line, a distance of 1601.11 feet to a 5/8-inch
iron rod with cap marked "PETITT - RPLS 4087" set for the west
corner of said 288.239 acre tract and the north corner of said Tract
9;
THENCE South 44 degrees 25 minutes 44 seconds East, along the
northeast line of said Tract 9 and the southwest line of said
288.239 acre tract, a distance of 898.56 feet to a 5/8-inch iron rod
with cap marked "PETITT - RPLS 4087" set in the northerly
right-of-way of Interstate Highway 20 ( variable right-of-way) for
the south corner of said 288.239 acre tract and the east corner of
said Tract 9;
THENCE along the northerly right-of-way of Interstate Highway 20
the following courses and distances:
South 63 degrees 04 minutes 03 seconds West, a distance of 631.14
feet to a 5/8-inch iron rod with cap marked "PETITT - RPLS 4087" set
for corner;
South 75 degrees 45 minutes 02 seconds West, a distance of 1122.84
feet to a 5/8-inch iron rod with cap marked "PETITT - RPLS 4087" set
for corner;
South 77 degrees 15 minutes 22 seconds West, a distance of 2160.34
feet to a 5/8-inch iron rod with cap marked "PETITT - RPLS 4087" set
for corner;
South 87 degrees 10 minutes 56 seconds West, a distance of 406.08
feet to a 5/8-inch iron rod with cap marked "PETITT - RPLS 4087" set
for corner;
South 77 degrees 15 minutes 22 seconds West, a distance of 1593.39
feet to a 5/8-inch iron rod found for the most southerly southwest
corner of said Tract 1;
THENCE North 44 degrees 55 minutes 22 seconds West, along the
southwest line of said Tract 1, a distance of 1236.59 feet to the
west corner thereof and the south corner of a called 226.262 acre
tract of land described in a deed to Stephen Edward Cummings and
wife Tamara Cannon Cummings recorded in Volume 1105, Page 405 of
said Deed Records;
THENCE North 44 degrees 40 minutes 05 seconds East, along the most
southerly northwest line of said Tract 1 and the southeast line of
said Cummings tract, a distance of 2494.90 feet to a point in the
approximate center of Big Brushy Creek;
THENCE along the approximate center of Big Brushy Creek the
following courses and distances
North 06 degrees 12 minutes 18 seconds West, a distance of 345.93
feet;
North 09 degrees 55 minutes 23 seconds West, a distance of 554.42
feet;
North 08 degrees 46 minutes 10 seconds West, a distance of 381.09
feet;
North 05 degrees 35 minutes 18 seconds East, a distance of 162.78
feet;
North 22 degrees 31 minutes 18 seconds West, a distance of 166.93
feet;
North 09 degrees 47 minutes 43 seconds West, a distance of 320.94
feet;
North 05 degrees 05 minutes 10 seconds West, a distance of 140.62
feet;
North 23 degrees 45 minutes 30 seconds East, a distance of 76.71
feet;
North 11 degrees 46 minutes 42 seconds West, a distance of 70.46
feet;
North 03 degrees 51 minutes 18 seconds West, a distance of 166.62
feet;
North 13 degrees 06 minutes 48 seconds West, a distance of 273.76
feet;
North 12 degrees 55 minutes 02 seconds East, a distance of 79.03
feet;
North 05 degrees 00 minutes 55 seconds West, a distance of 192.13
feet;
North 07 degrees 15 minutes 15 seconds East, a distance of 69.36
feet;
North 05 degrees 47 minutes 42 seconds West, a distance of 88.93
feet;
North 19 degrees 00 minutes 10 seconds East, a distance of 143.40
feet;
North 07 degrees 53 minutes 29 seconds East, a distance of 76.28
feet;
North 18 degrees 45 minutes 36 seconds East, a distance of 63.08
feet;
North 09 degrees 31 minutes 32 seconds East, a distance of 132.11
feet;
North 02 degrees 16 minutes 10 seconds West, a distance of 71.67
feet;
North 14 degrees 29 minutes 56 seconds West, a distance of 124.10
feet;
North 31 degrees 34 minutes 04 seconds West, a distance of 80.42
feet;
North 20 degrees 56 minutes 55 seconds West, a distance of 85.21
feet;
North 02 degrees 03 minutes 48 seconds East, a distance of 66.26
feet;
North 04 degrees 20 minutes 07 seconds West, a distance of 107.71
feet;
North 25 degrees 55 minutes 20 seconds West, a distance of 126.58
feet;
North 33 degrees 42 minutes 49 seconds West, a distance of 66.57
feet;
North 48 degrees 30 minutes 57 seconds West, a distance of 45.41
feet;
North 75 degrees 33 minutes 32 seconds West, a distance of 35.14
feet to the west corner of said Tract 4 and the north corner of said
Cummings tract, said point being in the southeasterly boundary of
said tract 2;
THENCE South 45 degrees 08 minutes 13 seconds West, along the
northwesterly boundary of said Cummings tract and the southeasterly
boundary of said Tract 2, a distance of 636.24 feet to a 5/8-inch
iron rod with cap marked "PETITT - RPLS 4087" set for corner;
THENCE South 25 degrees 51 minutes 12 seconds West, continuing
along the northwesterly boundary of said Cummings tract and the
southeasterly boundary of said Tract 2, a distance of 1632.88 feet
to a 5/8-inch iron rod with cap marked "PETITT - RPLS 4087" set for
corner;
THENCE South 44 degrees 51 minutes 12 seconds West, continuing
along the northwesterly boundary of said Cummings tract and the
southeasterly boundary of said Tract 2, a distance of 864.04 feet to
the east corner of a called 10.0 acre tract of land described in a
deed to Floyd Darden and John Darden recorded in Volume 1033, Page
384 of said Deed Records;
THENCE North 00 degrees 51 minutes 17 seconds West, a distance of
10481.50 feet to a 5/8-inch iron rod with cap marked "PETITT - RPLS
4087" set in the south line of the Union Pacific Railway (100'
right-of-way) and in the north line of said Tract 2;
THENCE South 88 degrees 06 minutes 52 seconds East, along the north
line of said Tract 2 and the south line of the Railway, a distance of
8059.22 feet to a 5/8-inch iron rod with cap marked "PETITT - RPLS
4087" set for corner;
THENCE South 02 degrees 52 minutes 47 seconds West, a distance of
98.14 feet to a 5/8-inch iron rod with cap marked "PETITT - RPLS
4087" set for the northeast corner of said Tract 8;
THENCE South 10 degrees 52 minutes 20 seconds West, along the most
northerly east line of said Tract 8, a distance of 191.83 feet to a
5/8-inch iron rod with cap marked "PETITT - RPLS 4087" set for
corner;
THENCE South 78 degrees 58 minutes 12 seconds East, a distance of
18.76 feet to a 5/8-inch iron rod with cap marked "PETITT - RPLS
4087" set in the approximate center of County Road 238 (undedicated
public road) and the west line of said Tract 6A;
THENCE North 09 degrees 34 minutes 14 seconds East, along the
approximate center of County Road 238 and the west line of said
Tract 6A, a distance of 194.23 feet to a 5/8-inch iron rod with cap
marked "PETITT - RPLS 4087" set for the northwest corner of said
Tract 6A;
THENCE South 88 degrees 13 minutes 07 seconds East, along the north
line of said Tract 6A, a distance of 439.54 feet to a concrete
monument found for the northeast corner of said Tract 6A and the
northwest corner of a 40.186 acre tract of land described in a deed
to AP Dupont Limited Partnership recorded in Volume 2489, Page 481
of said Deed Records;
THENCE along the southwesterly right-of-way of Spur 557 as follows:
South 62 degrees 14 minutes 39 seconds East, a distance of 239.63
feet to a concrete monument for corner;
South 56 degrees 59 minutes 45 seconds East, a distance of 398.38
feet to a 5/8-inch iron rod with cap marked "PETITT - RPLS 4087" set
for corner;
South 61 degrees 40 minutes 02 seconds East, a distance of 801.48
feet to a 5/8-inch iron rod with cap marked "PETITT - RPLS 4087" set
for corner;
South 58 degrees 29 minutes 39 seconds East, a distance of 1701.26
feet to a concrete monument found for corner;
South 60 degrees 45 minutes 58 seconds East, a distance of 399.56
feet to a 5/8-inch iron rod with cap marked "PETITT - RPLS 4087" set
for corner;
South 58 degrees 10 minutes 40 seconds East, a distance of 197.28
feet to a 5/8-inch iron rod with cap marked "PETITT - RPLS 4087" set
for corner;
South 58 degrees 08 minutes 34 seconds East, a distance of
1002.54 feet to a concrete monument found for corner;
South 54 degrees 48 minutes 28 seconds East, a distance of 901.01
feet to a concrete monument found at a cut-back corner for County
Road 305;
South 00 degrees 24 minutes 39 seconds East, along said cut-back, a
distance of 306.16 feet to a concrete monument found for corner;
South 48 degrees 51 minutes 21 seconds East, a distance of 139.01
feet to a concrete monument found for corner;
North 68 degrees 37 minutes 22 seconds East, along a cut-back iron
rod with cap marked "PETITT - RPLS 4087" set for corner;
South 62 degrees 55 minutes 42 seconds East, a distance of 908.33
feet to a 5/8-inch iron rod with cap marked "PETITT - RPLS 4087" set
for corner;
South 62 degrees 41 minutes 47 seconds East, a distance of 1218.13
feet to a 5/8-inch iron rod with cap marked "PETITT - RPLS 4087" set
for corner;
South 62 degrees 58 minutes 31 seconds East, a distance of 65.33
feet to the POINT OF BEGINNING and containing 3152.439 acres of
land, SAVE AND EXCEPT the following two (2) tracts of land:
SAVE AND EXCEPT TRACT 1
BEING a tract of land situated in the LEWIS PEARCE SURVEY,
ABSTRACT NO. 373, in Kaufman County, Texas, and being all of a
called 10.000 acre tract of land described in a deed to Robert A.
Kaus and wife Martha Lee Kaus recorded in Volume 1050, Page 120 of
the Deed Records of Kaufman County, Texas, and all of a called
30.000 acre tract described in a deed to Robert A. Kaus and wife
Martha Lee Kaus recorded in Volume 1050, Page 124 of said Deed
Records, and being more particularly described as follows:
BEGINNING at a 3/8-inch iron rod found in the approximate
center of County Road 238 (undedicated public road) for the north
corner of said 30.000 tract and the west corner of a called 46.324
acre tract of land described as Tract 6B in a deed to AP Dupont
Limited partnership recorded in Volume 2502, page 77 of said Deed
Records;
THENCE South 45 degrees 11 minutes 54 seconds East, along the
northeast line of said 30.000 acre tract and the southwest line of
said tract 6B, a distance of 3261.17 feet to a 3/8-inch iron rod
found for the east corner of said 30.000 acre tract and the south
corner of said Tract 6B, said point also being located in the
northwest line of a called 242.39 acre tract of land described as
Tract 10;
THENCE South 44 degrees 50 minutes 02 seconds West, along the
southeast lines of said 30.000 acre tract and said 10.000 acre
tract, and the northwest line of said Tract 10, a distance of 534.82
feet to a 5/8-inch iron rod with cap marked "PETITT - RPLS 4087" set
for the south corner of said 10.000 acre tract and the east corner
of a called 55.84 acre tract described as Tract 11 in said AP Dupont
deed;
THENCE North 45 degrees 11 minutes 25 seconds West, along the
southwest line of said 10.00 acre tract and the northeast line of
said Tract 11, a distance of 3262.61 feet to a 3/8-inch iron found
in the approximate center of County Road 238 for the west corner of
said 10.000 acre tract and the north corner of said Tract 11;
THENCE North 44 degrees 59 minutes 17 seconds East, along the
approximate center of County Road 238 and the northwest lines of
said 10.000 acre tract and said 30.000 acre tract; a distance of
534.37 feet to the POINT OF BEGINNING and containing 40.032 acres of
land, more of less.
SAVE AND EXCEPT TRACT 2
BEING a tract of land situated in the LEWIS PEARCE SURVEY,
ABSTRACT NO. 373, in Kaufman County, Texas, and being all of a
called 20.000 acre tract of land described in a deed to James Edgar
Crawford, Sr., and wife Earlena Faye Crawford recorded in Volume
1056, Page 531 of the Deed Records of Kaufman County, Texas, and all
of a called 20.000 acre tract described in a deed to the Texas
Veterans Land Board recorded in Volume 1070, Page 352 of said Deed
Records, and being more particularly described as follows:
BEGINNING at a 5/8-inch iron rod with cap marked "PETITT -
RPLS 4087" set in the approximate center of County Road 238
(undedicated public road) for the north corner of said Texas
Veterans Land Board tract and the west corner of a called 55.84 acre
tract of land described as Tract 11 in a deed to AP Dupont Limited
Partnership recorded in Volume 2502, Page 77 of said Deed Records;
THENCE South 45 degrees 13 minutes 34 seconds East, along the common
line between said Land Board tract and said Tract 11, a distance of
1291.85 feet to a 5/8-inch iron rod with cap marked "PETITT - RPLS
4087" set for the most northerly east corner of said Land Board
tract and a re-entrant corner in said Tract 11
THENCE South 00 degrees 11 minutes 46 seconds East, along the most
southerly west line of said Tract 11 and the east lines of said Land
Board tract and said Crawford tract, a distance of 1381.15 feet to a
5/8-inch iron rod with cap marked "PETITT - RPLS 4087" set for the
south corner of said Crawford tract and the most northerly east
corner of a called 418.609 acre tract of land described as Tract 6D
in said AP Dupont deed;
THENCE North 45 degrees 16 minutes 57 seconds West, along the
southwest line of said Crawford tract and the northeast line of said
Tract 6D, a distance of 2274.35 feet to a 5/8-inch iron rod with cap
marked "PETITT - RPLS 4087" set in the approximate center of County
Road 238 for the west corner of said Crawford tract and the north
corner of said tract 6D;
THENCE North 45 degrees 08 minutes 53 seconds East, along the
approximate center of County Road 238 and the northwest line said
Tract 6D, a distance of 979.39 feet to the POINT OF BEGINNING and
containing 40.057 acres of land, more of less, leaving a total area
of 3072.350 acres, more or less.
Tract 4
BEING a tract of land situated in the WILLIAM SIMPSON SURVEY,
ABSTRACT NO. 453, in Kaufman County, Texas, and being all of a
called 362.357 acre tract of land described as Tract 3 in a deed to
AP Dupont Limited Partnership recorded in Volume 2502, Page 77 of
the Deed Records of Kaufman County, Texas, said land containing a
portion of a called 76 acre tract of land described as Tract 4 in a
deed to Maher Properties One recorded in Volume 694, Page 167 of
said Deed Records, and being more particularly described as
follows:
BEGINNING at a 1/2-inch iron rod found in the center of F. M.
148 (80' right-of-way) for the east corner of said Tract 3;
THENCE South 45 degrees 32 minutes 14 seconds West, along the center
of F. M. 148 and the southeast line of said Tract 3, passing a
concrete monument found for the beginning of a curve to the left at
2741.39 feet, 38.24 feet right, a total distance of 3002.67 feet to
a 1/2-inch iron rod found for the easterly southeast corner of said
Tract 3;
THENCE South 83 degrees 54 minutes 51 seconds West, along the
southerly boundary of said Tract 3 and the northerly boundary of a
called 155 acre tract of land described as Tract 1 in a deed to Jerry
R. Sims and wife Margie Sims recorded in Volume 1124, Page 103 of
said Deed Records, a distance of 1129.08 feet to a 3/8-inch iron rod
found for corner;
THENCE North 79 degrees 01 minutes 39 seconds West, continuing
along the southerly boundary of said Tract 3 and the northerly
boundary of said 155 acre tract, a distance of 929.89 feet to a
1/2-inch iron rod found for corner;
THENCE North 79 degrees 03 minutes 39 seconds West, continuing
along the southerly line of said Tract 3 and the northerly line of
said 155 acre tract, distance of 360.00 feet to a 5/8-inch iron rod
with cap marked "PETITT - RPLS 4087" set for corner;
THENCE North 77 degrees 41 minutes 39 seconds West, continuing
along the southerly line of said Tract 3 and the northerly line of
said 155 acre tract, a distance of 205.00 feet to a 5/8-inch iron
rod with cap marked "PETITT - RPLS 4087" set for corner;
THENCE North 85 degrees 30 minutes 59 seconds West, continuing
along the southerly line of said Tract 3 and the northerly line of
said 155 acre tract, a distance of 289.63 feet to a point in the
approximate center of Big Brushy Creek;
THENCE along the approximate center of Big Brushy Creek the
following courses and distances:
North 23 degrees 14 minutes 25 seconds West, a distance of 54.89
feet;
North 04 degrees 05 minutes 31 seconds West, a distance of 216.07
feet;
South 51 degrees 10 minutes 14 seconds East, a distance of 171.26
feet;
North 41 degrees 26 minutes 55 seconds East, a distance of 167.67
feet;
North 76 degrees 53 minutes 55 seconds East, a distance of 118.88
feet;
North 25 degrees 24 minutes 54 seconds East, a distance of 196.89
feet;
North 49 degrees 32 minutes 49 seconds West, a distance of 195.65
feet;
North 18 degrees 50 minutes 34 seconds West, a distance of 237.39
feet;
North 23 degrees 34 minutes 39 seconds East, a distance of 165.47
feet;
North 03 degrees 20 minutes 51 seconds East, a distance of 101.63
feet;
North 40 degrees 18 minutes 31 seconds West, a distance of 172.48
feet;
North 17 degrees 35 minutes 08 seconds West, a distance of 97.88
feet;
North 08 degrees 29 minutes 33 seconds East, a distance of 76.51
feet;
North 13 degrees 52 minutes 15 seconds West, a distance of 69.50
feet;
North 21 degrees 42 minutes 00 seconds East, a distance of 69.26
feet;
North 21 degrees 26 minutes 22 seconds West, a distance of 146.39
feet;
North 00 degrees 08 minutes 09 seconds West, a distance of 158.73
feet;
North 09 degrees 54 minutes 29 seconds West, a distance of 77.56
feet to a point in the westerly boundary of said Tract 3, said point
also being located in the northwest line of said Maher tract and the
southeast line of a called 100 acre tract of land described as Tract
1 in a deed to Kenneth L. Cleaver and wife Cynthia L. Cleaver
recorded in Volume 1173, Page 351 of said Deed Records;
THENCE North 45 degrees 27 minutes 16 seconds East, along the
northwest line of Maher tract and the southeast line of said Cleaver
tract, a distance of 54.41 feet to a 5/8-inch iron rod with cap
marked "PETITT - RPLS 4087" set for corner;
THENCE North 44 degrees 51 minutes 27 seconds West, along the
southwest line of said Tract 3 and the northeast line of said
Cleaver 100 acre tract and the northeast line of the remainder of a
called 117.93 acre tract described as Tract 2 in said Cleaver deed,
a distance of 1535.89 feet to a 5/8-inch iron rod with cap marked
"PETITT - RPLS 4087" set in the southerly right-of-way line of I. H.
20 (variable right-of-way) for the west corner of said Tract 3;
THENCE along the southerly right-of-way of I. H. 20 the following
courses and distances:
North 77 degrees 15 minutes 22 seconds East, a distance of 1291.15
feet to a 5/8-inch iron rod with cap marked "PETITT - RPLS 4087" set
for corner;
North 68 degrees 43 minutes 31 seconds East, a distance of 404.48
feet to a 5/8-inch iron rod with cap marked "PETITT - RPLS 4087" set
for corner;
North 77 degrees 15 minutes 22 seconds East, a distance of 2377.18
feet to a 5/8-inch iron rod with cap marked "PETITT - RPLS 4087" set
for the north corner of said Tract 3;
THENCE South 44 degrees 39 minutes 40 seconds East, along the
northeast line of said Tract 3 and the southwest line of a called
26.796 acre tract of land described in a deed to Milowe Jungjohann
and wife Janice Jungjohann recorded in Volume 764, Page 444 and the
southwest line of a called 23.017 acre tract described in a deed to
Milowe Eugene Jungjohann recorded in Volume 729, Page 680, a
distance of 2908.97 feet to the POINT OF BEGINNING and containing
362.394 acres of land, more of less, 2.780 acres of which are within
the right-of-way of F. M. 148, leaving an area of 359.614 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. 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, 2005.