80R9201 HLT-F
 
  By: McReynolds H.B. No. 2366
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Somerset Municipal Utility District
No. 1; 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 8203 to read as follows:
CHAPTER 8203. SOMERSET MUNICIPAL UTILITY DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
       Sec. 8203.001.  DEFINITIONS. In this chapter:
             (1)  "Board" means the district's board of directors.
             (2)  "Director" means a board member.
             (3)  "District" means the Somerset Municipal Utility
District No. 1.
       Sec. 8203.002.  NATURE OF DISTRICT. The district is a
municipal utility district in San Jacinto County created under and
essential to accomplish the purposes of Section 52, Article III,
and Section 59, Article XVI, Texas Constitution.
       Sec. 8203.003.  FINDING OF PUBLIC USE AND BENEFIT.  The
district is created to serve a public use and benefit.
       Sec. 8203.004.  CONFIRMATION ELECTION REQUIRED. If the
creation of the district is not confirmed at a confirmation
election held under Section 8203.023 before September 1, 2009:
             (1)  the district is dissolved September 1, 2009,
except that the district shall:
                   (A)  pay any debts incurred;
                   (B)  transfer to San Jacinto County any assets
that remain after the payment of debts; and
                   (C)  maintain the organization of the district
until all debts are paid and remaining assets are transferred; and
             (2)  this chapter expires September 1, 2012.
       Sec. 8203.005.  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 8203.006-8203.020 reserved for expansion]
SUBCHAPTER A-1. TEMPORARY PROVISIONS
       Sec. 8203.021.  TEMPORARY DIRECTORS. (a)  The temporary
board consists of:
             (1)  ___;
             (2)  ___;
             (3)  ___;
             (4)  ___; and
             (5)  ___.
       (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
8203.023; or
             (2)  the date this chapter expires under Section
8203.004.
       Sec. 8203.022.  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 San Jacinto County
Courthouse.
       Sec. 8203.023.  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. 8203.024.  INITIAL ELECTED DIRECTORS; TERMS. The
directors elected under Section 8203.023 shall draw lots to
determine which two shall serve until the first regularly scheduled
election of directors and which three shall serve until the second
regularly scheduled election of directors.
       Sec. 8203.025.  EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2012.
[Sections 8203.026-8203.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
       Sec. 8203.051.  GOVERNING BODY; TERMS. (a)  The district is
governed by a board of five directors.
       (b)  Directors serve staggered four-year terms.
[Sections 8203.052-8203.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
       Sec. 8203.101.  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. 8203.102.  ROAD PROJECTS; LIMIT ON EMINENT DOMAIN
POWER. (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.
       (b)  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 district is located.  If the district is not
located in the corporate limits or extraterritorial jurisdiction of
a municipality, a road project must meet all applicable
construction standards, zoning and subdivision requirements, and
regulations of each county in which the district is located.
       (c)  The district may not undertake a road project unless
each municipality in whose corporate limits or extraterritorial
jurisdiction the district is located consents by resolution.  If
the district is not located in the corporate limits or
extraterritorial jurisdiction of a municipality, the district may
not undertake a road project unless each county in which the
district is located consents by resolution.
       (d)  The district may not exercise the power of eminent
domain outside the district for a road project.
       Sec. 8203.103.  ROAD CONTRACTS. The district may contract
for a road project in the manner provided by Subchapter I, Chapter
49, Water Code.
       Sec. 8203.104.  RECREATIONAL FACILITIES; LIMIT ON EMINENT
DOMAIN POWER. (a) In this section, "recreational facilities" has
the meaning assigned by Section 49.462, Water Code.
       (b)  The district may develop and maintain recreational
facilities.
       (c)  The district may not, for the development or maintenance
of a recreational facility, acquire by condemnation land, an
easement, or other property inside or outside the district.
[Sections 8203.105-8203.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
       Sec. 8203.151.  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
8203.102.
       Sec. 8203.152.  TAX TO REPAY BONDS.  The district may impose
a tax to pay the principal of and interest on bonds issued under
Section 8203.201.
       Sec. 8203.153.  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 8203.154-8203.200 reserved for expansion]
SUBCHAPTER E. BONDS
       Sec. 8203.201.  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 the
construction, maintenance, or operation of projects under Section
8203.102.
       (b)  The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, grants, or other district money.
       (c)  The district may not issue bonds or other obligations
secured wholly or partly by ad valorem taxation to finance projects
authorized by Section 8203.102 unless the issuance is approved by a
vote of a two-thirds majority of district voters voting at an
election called for that purpose.
       (d)  Bonds or other obligations issued or incurred to finance
projects authorized by Section 8203.102 may not exceed one-fourth
of the assessed value of the real property in the district.
       (e)  The district may not issue bonds or other obligations
secured wholly or partly by ad valorem taxation to finance projects
authorized by Section 8203.104 unless the issuance is approved by a
vote of a majority of district voters voting at an election called
for that purpose. Section 49.464(a), Water Code, does not apply to
the district.
[Sections 8203.202-8203.250 reserved for expansion]
SUBCHAPTER F. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS
       Sec. 8203.251.  DIVISION OF DISTRICT; REQUIREMENTS. (a)  At
any time before the district issues indebtedness secured by taxes
or net revenue, 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. 8203.252.  ELECTION FOR DIVISION OF DISTRICT. (a)  
After the board has complied with Section 8203.251(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 cast are in favor of the
division:
             (1)  the district is 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 cast are not in favor of the
division, the district may not be divided.
       Sec. 8203.253.  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, the appointed board shall hold an election 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 until the next regularly scheduled election
of directors and which three shall serve until the second regularly
scheduled election of directors.
       Sec. 8203.254.  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 revenue 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
8203.251(d).
       (c)  Any other district obligation is divided pro rata among
the new districts on an acreage basis or on other terms that are
satisfactory to the new districts.
       Sec. 8203.255.  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.  The Somerset Municipal Utility District No. 1
initially includes all the territory contained in the following
described area:
TRACT 1
Being 399.382 acres of land situated in the State of Texas, County
of San Jacinto, a part of the John Davis Survey, A-13, and the John
W. Adams Survey, A-1, 397.437 acres being the same land described as
397.374 acres in Exhibit "A" and 1.945 acres being the same land
described as 1.941 acres in Exhibit "B" in deed to Jackie Q. Bass
recorded under Clerk's File No. 00-5232, Page 17650 of the San
Jacinto County Official Public Records and in deed to Norman Frewin
(undivided 1/2 interest) recorded under Clerk's File No. 04-1142,
Page 5315 of said Official Public Records, and this 399.382 acres
being more particularly described by metes and bounds in two
parcels as follows:
PARCEL ONE: 397.437 Acres
Beginning at a 5/8" iron rod with aluminum cap found for the south
common corner between said Bass and Frewin called 397.374 acre
tract and the called 454.26 acres described in deed to Trinity River
Authority of Texas recorded in Volume 117, Page 163 of the San
Jacinto County Deed Records, located on the north line of said Bass
and Frewin called 1.941 acre tract (1.945 acres by resurvey and
described as PARCEL TWO below);
Thence S 84° 13' 52" W, along the common line between said Bass and
Frewin tracts, at 117.39 ft. pass a 1/2" iron rod found for the
northwest corner of said called 1.941 acre tract, same being and
exterior corner of the called 381.948 acres described in deed to R.
Kyle Reneau and Beth C. Reneau recorded under Clerk's File No.
01-4293, Page 15705 of said Official Public Records, and continuing
S 84° 13' 52" W, along the common line between said Bass and Frewin
called 397.374 acres and said Reneau called 381.948 acres, in all a
total distance of 427.11 ft. to a 1/2" iron rod found for corner;
Thence S 05° 38' 50" E 214.60 ft. along the common line between said
Bass and Frewin called 397.374 acres and said Reneau called 381.948
acres to a 1/2" iron rod found for corner;
Thence S 03° 24' 58" E 407.43 ft. along the common line between said
Bass and Frewin called 397.374 acres and said Reneau called 381.948
acres to a 1/2" iron rod found for corner;
Thence S 79° 54' 44" W 216.33 ft. along the common line between said
Bass and Frewin called 397.374 acres and said Reneau called 381.948
acres to a 1/2" iron rod set for corner;
Thence S 07° 35' 41" E 379.86 ft. along the common line between said
Bass and Frewin called 397.374 acres and said Reneau called 381.948
acres to a 1/2" iron rod found for corner;
Thence N 89° 44' 50" W 436.38 ft. along the common line between said
Bass and Frewin called 397.374 acres and said Reneau called 381.948
acres to a 1/2" iron rod found for corner;
Thence S 88° 10' 40" W 705.26 ft. along the common line between said
Bass and Frewin called 397.374 acres and said Reneau called 381.948
acres to a 1/2" iron rod set for corner;
Thence S 42° 49' 31" W 490.69 ft. along the common line between said
Bass and Frewin called 397.374 acres and said Reneau called 381.948
acres to a 1/2" iron rod found for corner;
Thence S 87° 04' 53" W 380.15 ft. along the common line between said
Bass and Frewin called 397.374 acres and said Reneau called 381.948
acres to a boat spike found for corner;
Thence S 81° 43' 06" W 584.33 ft. along the common line between said
Bass and Frewin called 397.374 acres and said Reneau called 381.948
acres to a boat spike found for corner;
Thence S 88° 37' 20" W 200.17 ft. along the common line between said
Bass and Frewin called 397.374 acres and said Reneau called 381.948
acres to its intersection with the centerline of Shoemake Creek,
said point being the south common corner between the herein
described 397.437 acre tract and the called 563 acres described in
deed to Norm Frewin recorded under Clerk's File No. 01-1288, Page
5061 of said Official Public Records;
Thence along the centerline of Shoemake Creek, same being the
common line between said Frewin called 563 and said Bass and Frewin
called 397.374 acres, with its meanders as follows:
                   N 24° 22' 49"  E 31.08 ft.;
                   S 85° 14' 24"  E 159.15 ft.;
                   N 51° 08' 31"  E 37.66 ft.;
                   N 51° 40' 05" W 77.75 ft.;
                   N 04° 56' 40" W 117.36 ft.;
                   N 50° 57' 02" W 114.62 ft.;
                   N 15° 49' 41" W 78.85 ft.;
                   N 68° 22' 24" E 118.99 ft.;
                   S 26° 10' 49" E 71.99 ft.;
                   N 81° 11' 03" E 49.72 ft.;
                   N 10° 13' 24" W 95.69 ft.;
                   N 58° 48' 33" E 36.89 ft.;
                   S 63° 27' 04" E 81.77 ft.;
                   N 22° 03' 58" W 151.13 ft.;
                   N 46° 39' 24" E 100.59 ft.;
                   N 03° 08' 05" E 155.24 ft.;
                   N 43° 17' 40" E 37.10 ft.;
                   N 00° 31' 10" W 159.76 ft.;
                   N 23° 32' 06" E 88.38 ft.;
                   N 49° 46' 48" W 103.36 ft.;
                   N 37° 27' 52" E 147.02 ft.;
                   N 36° 38' 28" W 64.34 ft.;
                   N 04° 50' 54" E 302.36 ft.;
                   N 55° 29' 45" W 59.81 ft.;
                   N 08° 44' 10" E 114.59 ft.;
                   N 34° 18' 40" W 67.84 ft.;
                   N 10° 57' 26" E 40.69 ft.;
                   N 20° 53' 16"  W 49.22 ft.;
                   N 25° 37' 00" E 105.66 ft.;
                   N 88° 06' 02" E 46.07 ft.;
                   N 18° 59' 42" W 67.27 ft.;
                   N 16° 06' 21" E 59.84 ft.;
                   N 22° 02' 03" W 71.15 ft.;
                   N 34° 14' 23" E 60.62 ft.;
                   N 33° 21' 03" W 88.36 ft.;
                   N 22° 57' 52" W 87.50 ft.;
                   N 34° 50' 20" W 109.02 ft.;
                   N 56° 52' 11" W 141.00 ft.;
                   N 14° 54' 09" W 47.34 ft.;
                   N 43° 31' 21" W 62.95 ft.;
                   N 13° 05' 26" E 56.00 ft.;
                   N 38° 22' 19" W 103.76 ft.;
                   N 85° 29' 47" W 65.21 ft.;
                   S 62° 03' 29" W 63.57 ft.;
                   N 05° 25' 47" E 92.61 ft.;
                   N 20° 38' 22" W 108.61 ft.;
                   N 56° 01' 31"  E 90.53 ft. to the north common
corner between said tract, located on a southern boundary line of
the called 1,064.54 acres described as "Fee Tract G-17" in deed to
the Trinity River Authority of Texas recorded in Volume 108, Page
161 of said San Jacinto County Deed Records, same being the Lake
Livingston Fee Take Line;
Thence along the common line between said Bass and Frewin called
397.374 acres and said Trinity River Authority called 1,064.54
acres, same being the Lake Livingston Fee Take Line, as follows:
       S 47° 16' 40" E 29.04 ft. to a 5/8" iron rod found for corner;
       N 15° 14' 20" E 160.08 ft. to a 5/8" iron rod found for corner;
       N 23° 08' 40" W 175.81 ft. to a 5/8" iron rod found for corner;
       N 48° 36' 35" E 227.71 ft. to a 5/8" iron rod found for corner;
       N 13° 36' 20" W 235.15 ft. to a 5/8" iron rod found for corner;
       N 32° 48' 23" W 193.11 ft. to a 5/8" iron rod found for corner;
       N 05° 14' 18" E 241.31 ft. to a 5/8" iron rod found for corner;
       N 24° 47' 17" W 214.93 ft. to a 5/8" iron rod found for corner;
       N 18° 12' 18" E 156.87 ft. to a 5/8" iron rod found for corner;
       N 31° 25' 55" E 423.47 ft. to a 5/8" iron rod found for corner;
       N 64° 01' 20" E 123.74 ft. to a 5/8" iron rod found for corner;
       N 09° 30' 20" E 186.23 ft. to a 5/8" iron rod found for corner;
       N 29° 52' 58" W 189.26 ft. to a 5/8" iron rod found for corner;
       N 72° 04' 02" W 164.47 ft. to a 5/8" iron rod found for corner;
       N 01° 17' 22" W 143.59 ft. to a point for corner;
       N 10° 38' 38" E 178.01 ft. to a point for corner;
       N 13° 43' 37" E 179.61 ft. to a 5/8" iron rod found for corner;
       N 43° 32' 53" E 153.77 ft. to a 5/8" iron rod found for corner;
       S 79° 09' 47" E 151.84 ft. to a 5/8" iron rod found for corner;
       N 36° 37' 28" W 398.70 ft. to a 5/8" iron rod found for corner;
       N 56° 37' 16" W 230.69 ft. to a 5/8" iron rod found for corner;
       N 73° 28' 55" E 557.75 ft. to a 5/8" iron rod found for corner;
       S 55° 35' 05" E 245.53 ft. to a 5/8" iron rod found for corner;
       S 88° 39' 30" E 311.39 ft. to a 5/8" iron rod found for corner;
       N 65° 57' 22" E 156.01 ft. to a 5/8" iron rod found for corner;
       S 89° 43' 15" E 227.75 ft. to a 5/8" iron rod found for corner;
       N 73° 11' 36" E 156.86 ft. to a point for corner;
       N 79° 50' 55" E 84.50 ft. to a point for corner;
       N 66° 51' 55" E 182.50 ft. to a point for corner;
       N 67° 31' 55" E 269.74 ft. to a point for corner;
       N 85° 47' 55" E 136.14 ft. to a point for corner;
       S 81° 10' 05" E 133.71 ft. to a point for corner;
       S 73° 54' 05" E 127.61 ft. to a point for corner;
       S 86° 23' 05" E 182.37 ft. to a point for corner;
       N 42° 31' 55" E 92.51 ft. to a point for corner;
       S 35° 22' 05" E 119.07 ft. to a point for corner;
       N 54° 25' 55" E 97.95 ft. to a point for corner;
       S 61° 24' 06" E 199.28 ft. to a point for corner;
       S 71° 40' 06" E 88.64 ft. to a point for corner;
       N 06° 38' 06" W 120.20 ft. to a point for corner;
       N 73° 13' 54" E 122.59 ft. to a point for corner;
       S 50° 18' 06" E 142.13 ft. to a point for corner;
       S 68° 17' 06" E 179.83 ft. to a point for corner;
       N 36° 56' 54" E 109.75 ft. to a point for corner;
       N 52° 08' 54" E 203.06 ft. to a point for corner;
       S 53° 49' 06" E 288.73 ft. to a point for corner;
       N 25° 30' 06" W 89.47 ft. to a point for corner;
       N 68° 01' 54" E 182.96 ft. to a point for corner;
       N 60° 42' 54" E 122.23 ft. to a point for corner;
       N 88° 15' 54" E 241.03 ft. to a point for corner;
       S 38° 33' 06" E 140.94 ft. to a point for corner;
       N 46° 29' 54" E 202.62 ft. to the north common corner between
said Bass and Frewin tract and said Trinity River Authority called
454.26 acres, said point being located on the common survey line
between said Davis and Adams Surveys;
Thence S 35° 33' 11" W, along the common line between said Bass and
Frewin tract and said Trinity River Authority called 454.26 acre
tract, same being the common survey line between said Davis and
Adams Surveys, at 100.00 ft. pass a 1/2" iron rod set for reference,
and continuing along said common line in all a total distance of
1,887.38 ft. to a concrete monument found for corner;
Thence S 35° 38' 38" W 2,389.62 ft. along the common line between
said Bass and Frewin tract and said Trinity River Authority called
454.26 acre tract, same being the common survey line between said
Davis and Adams Surveys, to a 5/8" iron rod with aluminum cap found
for corner;
Thence S 54° 54' 24" E 54.79 ft. along the common line between said
Bass and Frewin tract and said Trinity River Authority called
454.26 acre tract to a 5/8" iron rod with aluminum cap found for
corner;
Thence S 16° 43' 59" E 381.40 ft. along the common line between said
Bass and Frewin tract and said Trinity River Authority called
454.26 acre tract to a 5/8" iron rod with aluminum cap found for
corner;
Thence S 23° 46' 05" W 303.32 ft. along the common line between said
Bass and Frewin tract and said Trinity River Authority called
454.26 acre tract to a 5/8" iron rod with aluminum cap found for
corner;
Thence S 64° 52' 16" E 582.75 ft. along the common line between said
Bass and Frewin tract and said Trinity River Authority called
454.26 acre tract to a 5/8" iron rod with aluminum cap found for
corner;
Thence S 33° 03' 59" E 499.08 ft. along the common line between said
Bass and Frewin tract and said Trinity River Authority called
454.26 acre tract to a 5/8" iron rod with aluminum cap found for
corner;
Thence S 37° 35' 29" E 368.71 ft. along the common line between said
Bass and Frewin tract and said Trinity River Authority called
454.26 acre tract to the place of beginning and containing within
these bounds 397.437 acres of land.
PARCEL TWO: 1.945 Acres
Beginning at a 5/8" iron rod with aluminum cap found for the south
common corner between PARCEL ONE as described above (397.437 acres)
and the called 454.26 acres described in deed to Trinity River
Authority of Texas recorded in Volume 117, Page 163 of the San
Jacinto County Deed Records, said point being and angle point in the
north line of said Bass and Frewin called 1.941 acre tract;
Thence N 80° 24' 35" E 130.35 ft. along the common line between said
Bass and Frewin called 1.941 acre tract and said Trinity River
Authority called 454.26 acre tract to a 1/2" iron rod found for
corner;
Thence S 84° 49' 09" E 375.48 ft. along the common line between said
Bass and Frewin called 1.941 acre tract and said Trinity River
Authority called 454.26 acre tract to a 1/2" iron rod found for
corner;
Thence S 68° 51' 53" E 102.35 ft. along the common line between said
Bass and Frewin called 1.941 acre tract and said Trinity River
Authority called 454.26 acre tract to a 1/2" iron rod set for corner
located on the west right of way line of the called 0.820 acre (120
ft. wide) easement granted to Trinity River Authority of Texas
recorded in Volume 40, Page 455 of said Official Public Records
(Horizon Properties Corporation Volume 133, Page 853, Deed
Records), said easement also being described in said Bass and
Frewin deeds;
Thence 116.87 ft. along the east line of said Bass and Frewin called
1.941 acre tract, same being the west right of way line of said 120
ft. wide Easement, in a curve to the left having a central angle of
14°33' 24", the radius being 460.00 ft. and the chord bears S 26° 49'
08" E 116.55 ft. to a 1/2" iron rod set for the east common corner
between the herein described 1.945 acre tract and the called
381.948 acres described in deed to R. Kyle Reneau and Beth C. Reneau
recorded under Clerk's File No. 01-4293, Page 15705 of said
Official Public Records;
Thence N 85° 19' 05" W 703.57 ft. along the common line between said
Bass and Frewin tract and said Reneau called 381.948 acres to a 1/2"
iron rod found for corner;
Thence N 38° 14' 09" W 106.79 ft. along the common line between said
Bass and Frewin tract and said Reneau called 381.948 acres to a 1/2"
iron rod found for the north common corner between said tracts,
located on a south boundary line of the 397.437 acres described
above;
Thence N 84° 13' 52" E 117.39 ft. along the common line between the
herein described 1.945 acres and said 397.437 acres to the place of
beginning and containing within these bounds 1.945 acres of land.
Bearings for this description are based on plat call for the south
line of Block 4 of Waterwood Turtle Creek as shown on the plat
recorded in Volume 7, Page 19 of the San Jacinto County Plat
Records.
TRACT 2
Being 487.597 acres of land situated in the State of Texas, County
of San Jacinto, a part of the John Davis Survey, A-13, and the John
W. Adams Survey, A-1, and being the total combined acreage by
resurvey of the called 381.948 acres described in deed to R. Kyle
Reneau and Beth C. Reneau recorded under Clerk's File No. 01-4293,
Page 15705 of the San Jacinto County Official Public Records and a
part of the lands described in deed to Kyle Reneau and wife, Beth
Reneau, recorded under Clerk's File No. 01-3453, Page 12713 of said
Official Public Records and being Blocks One (1), Two (2), Three (3)
and Four (4) of Waterwood Turtle Creek, a subdivision in said San
Jacinto County, as shown by the map or plat thereof recorded in
Volume 7, Page 19 of the San Jacinto County Plat Records (said Plat
being canceled by instrument recorded under Clerk's File No.
02-3382, Page 44056 of said Official Public Records), and this
487.597 acres being more particularly described by metes and bounds
in two parcels (151.397 acres and 336.200 acres) as follows:
PARCEL ONE: 151.397 Acres
Beginning at a concrete right of way monument found for the
southwest corner of "Parcel A" of Block One (1) of Waterwood Turtle
Creek, said point being the south common corner between said Reneau
lands and the called 157.1095 acres described as "Fifteenth
Property, Parcel 11" in deed to Jacinto Investments, L.P. and CEM
Properties, Inc. recorded in Volume 214, Page 648 of said Official
Public Records, located on the north right of way line of F. M.
Highway No. 980;
Thence N 20° 49' 16" W, along the common line between said Reneau
tract and said Jacinto Investments, L.P. tract, same being the west
line of said Block 1 of Waterwood Turtle Creek, at 553.01 ft. pass a
1/2" iron rod set for reference, and in all a total distance of
578.01 ft. to the intersection with the centerline of Newton
Branch;
Thence along the centerline of Newton Branch, same being the common
line between said Reneau called 381.948 acres and said Jacinto
Investments, L.P. called 157.1095 acres, with its meanders as
follows:
                   N 56° 16' 55"  W  52.45 ft.;
                   S 88° 17' 16" W 88.52 ft.;
                   N 65° 06' 16" W 36.57 ft.;
                   N 33° 44' 28" W 45.84 ft.;
                   N 75° 00' 11" W 124.78 ft.;
                   N 44° 02' 57" E 39.31 ft.;
                   N 21° 11' 01" E 105.65 ft.;
                   N 09° 57' 18" E 94.29 ft.;
                   N 26° 59' 41" W 60.53 ft.;
                   N 36° 55' 25" E 106.00 ft.;
                   N 59° 49' 42" E 126.25 ft.;
                   N 66° 05' 40" E 73.64 ft.;
                   S 77° 43' 47" E 32.27 ft.;
                   N 52° 00' 36" E 59.23 ft.;
                   N 36° 49' 24" E 34.19 ft.;
                   N 58° 58' 03" E 103.85 ft.;
                   N 38° 35' 41" E 36.31 ft.;
                   N 16° 11' 08" W 68.39 ft.;
                   N 46° 27' 43" W 28.27 ft.;
                   N 32° 48' 37" E 59.03 ft.;
                   N 45° 34' 49" E 54.87 ft.;
                   N 07° 01' 33" E 30.22 ft.;
                   N 11° 42' 55" W 134.42 ft.;
                   N 24° 52' 21" W 74.06 ft.;
                   N 35° 46' 35" W 87.84 ft.;
                   N 16° 53' 53" E 33.43 ft.;
                   N 53° 14' 12" E 49.42 ft.;
                   N 03° 15' 55" W 125.38 ft.;
                   N 57° 38' 43" E 63.49 ft.;
                   S 86° 53' 44" E 32.93 ft.;
                   S 41° 15' 07" E 67.46 ft.;
                   S 06° 27' 07" W 66.39 ft.;
                   S 29° 12' 38" E 33.98 ft.;
                   S 75° 26' 31" E 46.50 ft.;
                   N 62° 35' 27" E 62.13 ft.;
                   N 17° 01' 30" E 36.69 ft.;
                   N 06° 36' 09" W 38.51 ft.;
                   N 38° 23' 05" W 55.51 ft.;
                   N 11° 00' 43" E 47.85 ft.;
                   N 58° 52' 11" E 82.09 ft.;
                   N 51° 06' 38" E 44.29 ft.;
                   N 25° 14' 12" E 42.88 ft.;
                   N 19° 16' 01" W 81.78 ft.;
                   N 16° 30' 33" W 138.28 ft.;
                   N 47° 28' 58" W 93.18 ft.;
                   N 09° 47' 43" W 26.67 ft.;
                   N 42° 41' 02" E 37.48 ft.;
                   N 74° 09' 01" E 52.89 ft.;
                   N 58° 50' 37" E 135.20 ft.;
                   N 80° 43' 43" E 59.97 ft.;
                   N 20° 59' 09" E 40.28 ft.;
                   N 49° 48' 38" W 67.47 ft.;
                   N 28° 58' 37" W 77.73 ft.;
                   N 36° 34' 42" E 47.36 ft.;
                   N 73° 09' 48" E 100.93 ft.;
                   N 07° 57' 39" W 201.32 ft.;
                   N 52° 10' 48" W 106.30 ft.;
                   N 28° 37' 40" E 113.97 ft.;
                   N 60° 54' 41" W 79.60 ft.;
                   S 75° 35' 33" W 47.38 ft.;
                   S 40° 24' 03" W 59.54 ft.;
                   S 62° 49' 28" W 28.54 ft.;
                   N 42° 03' 10" W 27.74 ft. and
                   N 02° 31' 29" W 102.23 ft. to the intersection
Of the center-line of Newton Branch with the Lake Livingston Fee
Take Line, said point being the north common corner between said
Reneau tract and said Jacinto Investments, L.P. tract, located on a
south line of the called 322.05 acres described as "Fee Tract G-11"
in deed to Trinity River Authority of Texas recorded in Volume 108,
Page 161 of the San Jacinto County Deed Records;
Thence along the common line between said Reneau called 381.948
acres and said Trinity River Authority called 322.05 acres, same
being the Lake Livingston Fee Take Line, as follows:
       N 59° 40' 22" E 73.10 ft. to a point for corner;
       N 53° 02' 22" E 187.29 ft. to a 5/8" iron rod found for corner;
       N 48° 35' 38" W 195.98 ft. to a 5/8" iron rod found for corner;
       N 25° 47' 23" E 93.02 ft. to a 5/8" iron rod found for corner;
       N 35° 53' 16" E 158.04 ft. to a 5/8" iron rod found for corner;
       N 21° 46' 39" E 69.42 ft. to a 5/8" iron rod found for corner;
       N 23° 14' 40" W 161.16 ft. to a 5/8" iron rod found for corner;
       N 30° 16' 55" W 127.41 ft. to a 5/8" iron rod found for corner;
       N 44° 42' 44" W 208.53 ft. to a 5/8" iron rod found for corner;
       N 34° 59' 23" W 79.67 ft. to a 5/8" iron rod found for corner;
       N 56° 44' 16" E 105.21 ft. to a 5/8" iron rod found for corner;
       N 28° 21' 36" E 117.46 ft. to a 5/8" iron rod found for corner;
       N 19° 40' 01" W 144.28 ft. to a 5/8" iron rod found for corner;
       N 65° 51' 06" W 178.11 ft. to a 5/8" iron rod found for corner;
       N 43° 59' 25" E 205.51 ft. to a 1/2" iron rod set for the west
common corner between said Reneau called 381.948 acres and the
called 563 acres described in deed to Norm Frewin recorded under
Clerk's File No. 01-1288, Pg. 5061 of said Official Public Records;
Thence N 82° 27' 29" E 352.04 ft. along the common line between said
Reneau called 381.948 acres and said Frewin called 563 acres to a
1/2" iron rod set for corner;
Thence S 16° 03' 33" E 598.70 ft. along the common line between said
Reneau called 381.948 acres and said Frewin called 563 acres to a
1/2" iron rod set for corner;
Thence S 85° 54' 34" E 279.21 ft. along the common line between said
Reneau called 381.948 acres and said Frewin called 563 acres to a
1/2" iron rod set for corner;
Thence S 80° 31' 07" E 170.18 ft. along the common line between said
Reneau called 381.948 acres and said Frewin called 563 acres to a
60d nail found for corner;
Thence N 83° 06' 27" E 426.68 ft. along the common line between said
Reneau called 381.948 acres and said Frewin called 563 acres to a
1/2" iron rod found for corner;
Thence S 48° 52' 14" E 420.81 ft. along the common line between said
Reneau called 381.948 acres and said Frewin called 563 acres to a
1/2" iron rod set for corner;
Thence S 02° 44' 05" E 91.72 ft. along the common line between said
Reneau called 381.948 acres and said Frewin called 563 acres to a
1/2" iron rod found for corner;
Thence N 85° 56' 14" E 294.97 ft. along the common line between said
Reneau called 381.948 acres and said Frewin called 563 acres to a
1/2" iron rod found for corner;
Thence S 01° 55' 41" W 714.74 ft. along the common line between said
Reneau called 381.948 acres and said Frewin called 563 acres to a
1/2" iron rod found for the northwest corner of the called 5.029
acres (a 100 ft. wide strip for roadway purposes) described as
"Second Tract" in said Frewin deed and a corner of a part of said
Reneau called 381.948 acres;
Thence 2,163.75 ft. in a southwesterly direction along the common
line between the herein described 151.397 acres and said Frewin
called 5.029 acres, in a curve to the left having a central angle 76°
26' 56", the radius being 1,621.66 ft. and the chord bears S 17° 15'
27" W 2,006.78 ft. to a 1/2" iron rod set for the west common corner
between said Frewin called 5.029 acres and the called 1.377 acres
described as "Third Tract" in said Frewin deed, said point also
being the common corner between a part of said Reneau called 381.948
acres and said Block 2 of Waterwood Turtle Creek as described in
said Reneau deed recorded under Clerk's File No. 01-3453, Page
12713 of said Official Public Records;
Thence S 20° 59' 27" E 600.00 ft. along the common line between said
Frewin called 1.377 acres and said Block 2 of Waterwood Turtle Creek
to a 1/2" iron rod set for the southeast corner of the herein
described 151.397 acres, same being the south common corner between
said Frewin tract and said Block 2, located on the north right of
way line of said F. M. Highway No. 980;
Thence S 69° 00' 33" W 1,693.17 ft. along the north right of way line
of said F. M. Highway No. 980, same being the south lines of said
Waterwood Turtle Creek and said Reneau called 381.948 acres to a
1/2" iron rod set for corner, from said point a concrete
right-of-way monument bears S 24° 40' 09" E 2.48 ft.;
Thence S 77° 02' 24" W 201.87 ft. along the north right of way line of
said F. M. Highway No. 980, same being the south line of said Block 1
of Waterwood Turtle Creek to the place of beginning and containing
within these bounds 151.397 acres of land.
PARCEL TWO: 336.200 Acres
Beginning at a concrete right of way monument found for the
southeast corner of Block 4 of Waterwood Turtle Creek, a
subdivision in said San Jacinto County, Texas, as shown by the map
or plat recorded in Volume 7, Page 19 of the San Jacinto County Plat
Records (said Plat being canceled by instrument recorded under
Clerk's File No. 02-3382, Page 44056 of said Official Public
Records) and being a part of the lands described in said deed to
Kyle Reneau and Beth Reneau recorded under Clerk's File No.
01-3453, Page 12713 of said Official Public Records, located at the
intersection of the north right of way line of F. M. Highway No. 980
(120 ft. wide right-of-way) with the west right of way line of Spur
Highway No. 980 (120 ft. wide right-of-way);
Thence N 89° 15' 00" W 1,843.70 ft. along the north right of way line
of said F. M. Highway No. 980, same being the south line of said
Block 4 of Waterwood Turtle Creek, to a concrete right of way
monument found for corner;
Thence 1,110.12 ft. in a southwesterly direction along the north
right of way line of said F. M. Highway No. 980, same being the south
line of said Block 4 of Waterwood Turtle Creek, a south line of the
called 381.948 acres described in said deed to R. Kyle Reneau and
Beth C. Reneau recorded under Clerk's File No. 01-4293, Page 15705
of said Official Public Records, and the south line of Block 3 of
said Waterwood Turtle Creek, in a curve to the left having a central
angle 21° 44' 27", the radius being 2,925.62 ft. and the chord bears
S 79° 52' 47" W 1,103.47 ft. to a 1/2" iron rod set for corner, from
said point a concrete right-of-way monument bears S 69° 14' 36" W
0.62 ft.;
Thence S 69° 00' 33" W 3,011.38 ft. along the north right of way line
of said F. M. Highway No. 980, same being the south line of said
Block 3 of Waterwood Turtle Creek, to a 1/2" iron rod set for the
south common corner between said Block 3 and the called 1.377 acres
described as "Third Tract" in deed to Norm Frewin recorded under
Clerk's File No. 01-1288, Page 5061 of said Official Public
Records;
Thence N 20° 59' 27" W 600.00 ft. along the common line between said
Block 3 of Waterwood Turtle Creek and said Frewin called 1.377 acres
to a 1/2" iron rod set for the west common corner between said Block
3 and a part of said Reneau called 381.948 acres, same being the
east common corner between said Frewin called 1.377 acres and the
called 5.029 acres described as "Second Tract" in said Frewin deed,
said point being the P.C. of a curve;
Thence 2,220.00 ft. in a northeasterly direction along the west
line of the herein described 336.200 acres, same being the common
line between a part of said Reneau called 381.948 acres and said
Frewin called 5.029 acres, in a curve to the right having a central
angle 83° 35' 27", the radius being 1,521.66 ft. and the chord bears
N 20° 49' 48" E 2,028.29 ft. to a 1/2" iron rod set for the north
common corner between said tracts, located on the south line of the
called 563 acres described in said Frewin deed;
Thence N 86° 03' 37" E 393.56 ft. along the common line between said
Reneau called 381.948 acres and said Frewin called 563 acres to a
1/2" iron rod found for corner;
Thence N 02° 00' 37" W 371.79 ft. along the common line between said
Reneau called 381.948 acres and said Frewin called 563 acres to a
1/2" iron rod found for corner;
Thence N 88° 37' 20" E, along the common line between said Reneau
called 381.948 acres and said Frewin called 563 acres, at 350.12 ft.
pass the south common corner between said Frewin tract and the
called 397.374 acres described as "Tract One" in deed to Jackie Q.
Bass recorded under Clerk's File No. 00-5232, Page 17650 of said
Official Public Records and in deed to Norman Frewin (undivided 1/2
interest) recorded under Clerk's File No. 04-1142, Page 5315 of
said Official Public Records, located in the centerline of Shoemake
Creek, and continuing N 88° 37' 20" E, along the common line between
said Reneau tract and said Bass and Frewin called 397.374 acres, in
all a total distance of 550.29 ft. to a boat spike found for corner;
Thence N 81° 43' 06" E 584.33 ft. along the common line between said
Reneau called 381.948 acres and said Bass and Frewin called 397.374
acres to a boat spike found for corner;
Thence N 87° 04' 53" E 380.15 ft. along the common line between said
Reneau called 381.948 acres and said Bass and Frewin called 397.374
acres to a 1/2" iron rod found for corner;
Thence N 42° 49' 31" E 490.69 ft. along the common line between said
Reneau called 381.948 acres and said Bass and Frewin called 397.374
acres to a 1/2" iron rod set for corner;
Thence N 88° 10' 40" E 705.26 ft. along the common line between said
Reneau called 381.948 acres and said Bass and Frewin called 397.374
acres to a 1/2" iron rod found for corner;
Thence S 89° 44' 50" E 436.38 ft. along the common line between said
Reneau called 381.948 acres and said Bass and Frewin called 397.374
acres to a 1/2" iron rod found for corner;
Thence N 07° 35' 41" W 379.86 ft. along the common line between said
Reneau called 381.948 acres and said Bass and Frewin called 397.374
acres to a 1/2" iron rod set for corner;
Thence N 79° 54' 44" E 216.33 ft. along the common line between said
Reneau called 381.948 acres and said Bass and Frewin called 397.374
acres to a 1/2" iron rod found for corner;
Thence N 03° 24' 58" W 407.43 ft. along the common line between said
Reneau called 381.948 acres and said Bass and Frewin called 397.374
acres to a 1/2" iron rod found for corner;
Thence N 05° 38' 50" W 214.60 ft. along the common line between said
Reneau called 381.948 acres and said Bass and Frewin called 397.374
acres to a 1/2" iron rod found for corner;
Thence N 84° 13' 52" E 309.72 ft. along the common line between said
Reneau called 381.948 acres and said Bass and Frewin called 397.374
acres to a 1/2" iron rod found for the north common corner between
said Reneau called 381.948 acres and the called 1.941 acres
described as "Tract Two" in said Bass and Frewin deeds;
Thence S 38° 14' 09" E 106.79 ft. along the common line between said
Reneau called 381.948 acres and said Bass and Frewin called 1.941
acres to a 1/2" iron rod found for corner;
Thence S 85° 19' 05" E 703.57 ft. along the common line between said
Reneau called 381.948 acres and said Bass and Frewin called 1.941
acres to a 1/2" iron rod set for the east common corner between said
tracts, located on the west right of way line of a 120 ft. wide
easement (called 0.820 acres) described in said Bass and Frewin
deeds and also described in Easement granted to the Trinity River
Authority of Texas recorded in Volume 40, Page 455 of said Official
Public Records and to Horizon Properties Corporation in instrument
recorded in Volume 133, Page 853 of the San Jacinto County Deed
Records;
Thence 161.82 ft. in a southeasterly direction along the east line
of said Reneau called 381.948 acres, same being the west right of
way line of said 120 ft. wide Easement, in a curve to the left having
a central angle of 20° 09' 19", the radius being 460.00 ft. and the
chord bears S 44° 10' 29" E 160.98 ft. to a 1/2" iron rod set marking
the P.T. of said curve;
Thence S 54° 15' 08" E, along the east line of said Reneau called
381.948 acres, same being the west right of way line of said 120 ft.
wide Easement, at 100.00 ft. pass the southwest corner of said
Easement, same being the terminal point of the west right of way
line of said Spur Highway No. 980, and continuing S 54° 15' 08" E,
along the east line of said Reneau called 381.948 acres, same being
the west right of way line of said Spur Highway No. 980, in all a
total distance of 296.56 ft. to a 1/2" iron rod set marking the P.C.
of a curve in said right of way line;
Thence 1,042.41 ft. in a southeasterly direction along the east
line of said Reneau called 381.948 acres, same being the west right
of way line of said Spur Highway No. 980, in a curve to the right
having a central angle of 55° 00' 00", the radius being 1,085.92 ft.
and the chord bears S 26° 45' 08" E 1002.84 ft. to a 1/2" iron rod set
marking the P.T. of said curve, from said point a concrete right of
way monument bears N 00° 07' 03" E 94.27 ft.;
Thence S 00° 44' 52" W, along the east line of said Reneau called
381.948 acres, same being the west right of way line of said Spur
Highway No. 980, at 1,243.44 ft. pass the east common corner between
said Reneau called 381.948 acres and said Block 4 of Waterwood
Turtle Creek, and continuing S 00° 44' 52" W, along the east line of
said Block 4, same being the west right of way line of said Spur
Highway No. 980, in all a total distance of 1,743.44 ft. to a 1/2"
iron rod set for corner, from said point a concrete right of way
monument bears N 15° 58' 12" E 4.92 ft.;
Thence S 45° 27' 39" W 142.79 ft. along the east line of said Reneau
called 381.948 acres, same being the west right of way line of said
Spur Highway No. 980, to the place of beginning and containing
within these bounds 336.200 acres of land.
Bearings for this description are based on plat call for the south
line of Block 4 of Waterwood Turtle Creek as shown on the plat
recorded in Volume 7, Page 19 of the San Jacinto County Plat
Records.
TRACT 3
Being 569.539 acres of land situated in the State of Texas, County
of San Jacinto, a part of the John Davis Survey, A-13, and the John
W. Adams Survey, A-1, 563.139 acres being the same lands called 563
acres and 6.400 acres being the total combined acreage by resurvey
of the called 5.029 acres described as "Second Tract" and the called
1.377 acres described as "Third Tract" in deed to Norm Frewin
recorded under Clerk's File No. 01-1288, Page 5061 of the San
Jacinto County Official Public Records, and this 569.539 acres
being more particularly described by metes and bounds in two
parcels as follows:
PARCEL ONE: 563.139 Acres
Beginning at a 1/2" iron rod set for the west common corner between
the herein described 563.139 acre tract and the called 381.948
acres described in deed to R. Kyle Reneau and Beth C. Reneau
recorded under Clerk's File No. 01-4293, Page 15705 of said
Official Public Records, located on an eastern boundary line of the
called 322.05 acres described as "Fee Tract G-11" in deed to the
Trinity River Authority of Texas recorded in Volume 108, Page 161 of
the San Jacinto County Deed Records, same being the Lake Livingston
Fee Take Line;
Thence along the common line between said Frewin called 563 acres
and said Trinity River Authority called 322.05 acres, same being
the Lake Livingston Fee Take Line, as follows:
       N 43° 59' 25" E 48.31 ft. to a 5/8" iron rod found for corner;
       N 11° 27' 52" E 152.90 ft. to a 5/8" iron rod found for corner;
       N 20° 58' 42" W 261.91 ft. to a 5/8" iron rod found for corner;
       N 29° 41' 48" E 178.53 ft. to a 5/8" iron rod found for corner;
       N 20° 02' 35" W 184.78 ft. to a 5/8" iron rod found for corner;
       N 67° 57' 31" W 210.26 ft. to a 5/8" iron rod found for corner;
       S 85° 39' 40" W 136.50 ft. to a 5/8" iron rod found for corner;
       N 88° 20' 32" W 93.85 ft. to a point for corner;
       N 68° 51' 57" W 176.69 ft. to a point for corner;
       N 40° 19' 19" W 209.71 ft. to a 5/8" iron rod found for corner;
       N 28° 39' 53" E 98.53 ft. to a point for corner;
       N 67° 51' 02" E 98.66 ft. to a point for corner;
       N 17° 55' 17" E 135.50 ft. to a 5/8" iron rod found for corner;
       N 10° 32' 11" E 201.67 ft. to a 5/8" iron rod found for corner;
       N 54° 45' 20" W 304.06 ft. to a 5/8" iron rod found for corner;
       S 75° 22' 07" W 86.45 ft. to a point for corner;
       N 76° 58' 17" W 230.54 ft. to a 5/8" iron rod found for corner;
       N 35° 59' 09" W 107.90 ft. to a 5/8" iron rod found for corner;
       N 13° 59' 06" W 121.38 ft. to a 5/8" iron rod found for corner;
       N 35° 42' 25" W 179.27 ft. to a 5/8" iron rod found for corner;
       N 62° 33' 19" W 141.41 ft. to a 5/8" iron rod found for corner;
       S 85° 00' 36" W 101.30 ft. to a 5/8" iron rod found for corner;
       N 72° 13' 39" W 124.04 ft. to a point for corner;
       N 66° 26' 40" W 116.69 ft. to a point for corner;
       N 37° 54' 52" W 91.61 ft. to a point for corner;
       S 88° 43' 26" E 161.06 ft. to a point for corner;
       N 86° 40' 35" E 225.69 ft. to a 5/8" iron rod found for corner;
       S 58° 34' 36" E 188.00 ft. to a 5/8" iron rod found for corner;
       S 75° 31' 59" E 214.42 ft. to a point for corner;
       N 76° 57' 15" E 206.03 ft. to a 5/8" iron rod found for corner;
       S 45° 54' 13" E 217.33 ft. to a 5/8" iron rod found for corner;
       S 88° 37' 31" E 158.63 ft. to a 5/8" iron rod found for corner;
       N 53° 37' 23" E 88.11 ft. to a 5/8" iron rod found for corner;
       N 76° 06' 17" W 206.03 ft. to a 5/8" iron rod found for corner;
       N 25° 23' 17" W 102.73 ft. to a 5/8" iron rod found for corner;
       N 57° 15' 13" W 232.49 ft. to a 5/8" iron rod found for corner;
       N 77° 16' 02" W 147.55 ft. to a 5/8" iron rod found for corner;
       N 35° 56' 12" W 190.40 ft. to a point for corner;
       N 20° 06' 37" E 178.47 ft. to a 5/8" iron rod found for corner;
       N 69° 14' 33" W 154.40 ft. to a 5/8" iron rod found for corner;
       S 00° 14' 58" W 60.86 ft. to a 5/8" iron rod found for corner;
       S 41° 21' 01" W 130.45 ft. to a point for corner;
       S 87° 39' 08" W 133.95 ft. to a point for corner;
       N 14° 10' 01" W 208.22 ft. to a 5/8" iron rod found for corner;
       S 82° 44' 49" W 161.77 ft. to a 5/8" iron rod found for corner;
       S 64° 23' 22" W 129.88 ft. to a point for corner;
       N 54° 05' 33" W 145.00 ft. to a point for corner;
       N 04° 28' 27" W 228.90 ft. to a 5/8" iron rod found for corner;
       S 63° 14' 57" W 130.02 ft. to a 5/8" iron rod found for corner;
       S 14° 16' 21" W 168.83 ft. to a 5/8" iron rod found for corner;
       S 20° 42' 09" W 95.30 ft. to a point for corner;
       N 41° 48' 27" W 150.26 ft. to a 5/8" iron rod found for corner;
       N 67° 02' 48" W 102.44 ft. to a 5/8" iron rod found for corner;
       S 20° 38' 47" W 247.97 ft. to a 5/8" iron rod found for corner;
       S 87° 31' 22" W 103.84 ft. to a 5/8" iron rod found for corner;
       S 53° 31' 18" W 111.37 ft. to a 5/8" iron rod found for corner;
       S 59° 32' 39" W 140.33 ft. to a point for corner;
       N 05° 45' 28" E 81.73 ft. to a point for corner;
       N 29° 50' 50" W 87.65 ft. to a point for corner;
       N 04° 25' 30" E 139.97 ft. to a point for corner;
       N 13° 00' 19" E 190.22 ft. to a 5/8" iron rod found for corner;
       N 01° 14' 04" W 160.12 ft. to a point for corner;
       N 04° 38' 49" E 209.26 ft. to a point for corner;
       N 12° 02' 40" E 265.69 ft. to a point for corner;
       S 56° 54' 58" E 141.82 ft. to a 5/8" iron rod found for corner;
       S 64° 41' 38" E 168.84 ft. to a 5/8" iron rod found for corner;
       N 69° 59' 27" E 130.46 ft. to a 5/8" iron rod found for corner;
       N 25° 56' 33" W 125.28 ft. to a point for corner;
       N 23° 28' 34" W 128.76 ft. to a point for corner;
       N 39° 53' 30" W 148.03 ft. to a point for corner;
       N 25° 53' 33" W 162.59 ft. to a point for corner;
       N 78° 44' 29" W 125.17 ft. to a point for corner;
       N 20° 14' 04" E 108.52 ft. to a point for corner;
       N 37° 53' 54" E 99.80 ft. to a point for corner;
       N 37° 22' 54" E 140.64 ft. to a point for corner;
       N 02° 29' 14" E 111.43 ft. to a point for corner;
       N 02° 16' 44" W 147.48 ft. to a point for corner;
       N 46° 49' 48" E 95.74 ft. to a point for corner;
       S 22° 53' 27" E 214.38 ft. to a point for corner;
       S 87° 11' 31" E 118.73 ft. to a point for corner;
       S 30° 40' 30" E 195.62 ft. to a point for corner;
       S 42° 20' 33" E 166.50 ft. to a point for corner;
       S 45° 06' 11" E 199.48 ft. to a point for corner;
       S 69° 47' 58" E 128.83 ft. to a 5/8" iron rod found for corner;
       N 81° 53' 15" E 106.62 ft. to a 5/8" iron rod found for corner;
       N 68° 17' 04" W 178.24 ft. to a 5/8" iron rod found for corner;
       N 26° 46' 11" W 275.98 ft. to a point for corner;
       N 11° 16' 21" W 166.37 ft. to a point for corner;
       N 34° 54' 50" W 190.61 ft. to a point for corner;
       N 26° 03' 46" W 182.60 ft. to a point for corner;
       N 49° 12' 57" W 128.94 ft. to a point for corner;
       N 37° 54' 52" W 97.97 ft. to a point for corner;
       N 00° 11' 23" E 89.07 ft. to a point for corner;
       S 85° 26' 48" E 181.82 ft. to a point marking the south common
corner between said Trinity River Authority called 322.05 acres and
the called 9.31 acres described as "Fee Tract G-35" in deed to the
Trinity River Authority of Texas recorded in Volume 105, Page 330 of
said Deed Records, and continuing along the common line between
said Frewin called 563 acres and said Trinity River Authority "Fee
Tract G-35";
       S 84° 49' 48" E 0.44 ft. to a point for corner;
       S 81° 03' 50" E 218.21 ft. to a point for corner;
       S 80° 56' 50" E 339.05 ft. to a point for corner;
       S 81° 36' 50" E 208.56 ft. to a point for corner;
       S 80° 42' 50" E 281.51 ft. to a point marking the south common
corner between said Trinity River Authority called 9.31 acres and
the called 1,064.54 acres described as "Fee Tract G-17" in deed to
the Trinity River Authority of Texas recorded in Volume 108, Page
161 of said Deed Records, and continuing along the common line
between said Frewin called 563 acres and said Trinity River
Authority "Fee Tract G-17";
       N 88° 27' 08" E 77.39 ft. to a point for corner;
       N 61° 44' 08" E 241.92 ft. to a point for corner;
       N 77° 46' 48" E 359.69 ft. to a point for corner;
       N 84° 48' 38" E 318.17 ft. to a point for corner;
       N 73° 39' 53" E 296.36 ft. to a point for corner;
       S 60° 29' 18" E 143.48 ft. to a point for corner;
       S 38° 10' 25" E 120.64 ft. to a point for corner;
       S 69° 29' 30" E 103.76 ft. to a point for corner;
       N 26° 13' 51" W 289.20 ft. to a point for corner;
       S 76° 50' 24" E 171.33 ft. to a point for corner;
       N 78° 49' 50" E 135.81 ft. to a point for corner;
       S 88° 36' 16" E 298.92 ft. to a point for corner;
       S 45° 54' 51" E 178.72 ft. to a point for corner;
       N 79° 13' 50" E 243.51 ft. to a point for corner;
       S 68° 13' 15" E 210.07 ft. to a point for corner;
       N 76° 37' 40" E 140.17 ft. to a point for corner;
       S 83° 44' 43" E 235.85 ft. to a point for corner;
       S 81° 05' 15" E 242.32 ft. to a point for corner;
       N 86° 45' 39" E 236.19 ft. to a point for corner;
       S 87° 48' 49" E 266.73 ft. to a point for corner;
       S 64° 26' 27" E 201.34 ft. to a 5/8" iron rod found for corner;
       S 71° 00' 40" E 257.22 ft. to a 5/8" iron rod found for corner;
       S 30° 02' 49" W 107.38 ft. to a 5/8" iron rod found for corner;
       S 24° 28' 16" W 384.68 ft. to a 5/8" iron rod found for corner;
       S 05° 45' 42" E 219.99 ft. to a 5/8" iron rod found for corner;
       S 20° 15' 47" E 187.27 ft. to a 5/8" iron rod found for corner;
       S 86° 58' 49" E 221.30 ft. to a 5/8" iron rod found for corner;
       S 17° 57' 41" W 210.48 ft. to a 5/8" iron rod found for corner;
       S 33° 59' 23" W 146.91 ft. to a 5/8" iron rod found for corner;
       S 61° 24' 34" W 146.12 ft. to a 5/8" iron rod found for corner;
       S 24° 55' 03" W 279.37 ft. to a 5/8" iron rod found for corner;
       S 00° 38' 32" W 192.36 ft. to a 5/8" iron rod found for corner;
       S 27° 31' 09" E 222.62 ft. to a 5/8" iron rod found for corner;
       S 19° 54' 24" W 113.75 ft. to a 5/8" iron rod found for corner;
       S 05° 18' 18" E 160.95 ft. to a 5/8" iron rod found for corner;
       S 27° 09' 31" E 131.42 ft. to a 5/8" iron rod found for corner;
       S 02° 46' 35" E 134.45 ft. to a 5/8" iron rod found for corner;
       S 12° 36' 09" W 181.74 ft. to a 5/8" iron rod found for corner;
       S 37° 34' 09" W 112.89 ft. to a 5/8" iron rod found for corner;
       S 02° 16' 03" W 142.29 ft. to a 5/8" iron rod found for corner;
       S 47° 16' 40" E 203.32 ft. to the intersection with the
centerline of Shoemake Creek, said point being the north common
corner between said Frewin called 563 acres and the called 397.374
acres described in deed to Jackie Q Bass recorded under Clerk's File
No. 00-5232, Page 17650 of said Official Public Records and in deed
to Norman Frewin (undivided 1/2 interest) recorded under Clerk's
File No. 04-1142, Page 5315 of said Official Public Records;
Thence along the centerline of Shoemake Creek, same being the
common line between said Frewin called 563 acres and said Bass and
Frewin called 397.374 acres, with its meanders as follows:
                   S 56° 01' 31"  W 90.53 ft.;
                   S 20° 38' 22" E 108.61 ft.;
                   S 05° 25' 47" W 92.61 ft.;
                   N 62° 03' 29" E 63.57 ft.;
                   S 85° 29' 47" E 65.21 ft.;
                   S 38° 22' 19" E 103.76 ft.;
                   S 13° 05' 26" W 56.00 ft.;
                   S 43° 31' 21" E 62.95 ft.;
                   S 14° 54' 09" E 47.34 ft.;
                   S 56° 52' 11" E 141.00 ft.;
                   S 34° 50' 20" E 109.02 ft.;
                   S 22° 57' 52" E 87.50 ft.;
                   S 33° 21' 03" E 88.36 ft.;
                   S 34° 14' 23" W 60.62 ft.;
                   S 22° 02' 03" E 71.15 ft.;
                   S 16° 06' 21" W 59.84 ft.;
                   S 18° 59' 42" E 67.27 ft.;
                   S 88° 06' 02" W 46.07 ft.;
                   S 25° 37' 00" W 105.66 ft.;
                   S 20° 53' 16" E 49.22 ft.;
                   S 10° 57' 26" W 40.69 ft.;
                   S 34° 18' 40" E 67.84 ft.;
                   S 08° 44' 10" W 114.59 ft.;
                   S 55° 29' 45" E 59.81 ft.;
                   S 04° 50' 54" W 302.36 ft.;
                   S 36° 38' 28" E 64.34 ft.;
                   S 37° 27' 52" W 147.02 ft.;
                   S 49° 46' 48" E 103.36 ft.;
                   S 23° 32' 06" W 88.38 ft.;
                   S 00° 31' 10" E 159.76 ft.;
                   S 43° 17' 40" W 37.10 ft.;
                   S 03° 08' 05" W 155.24 ft.;
                   S 46° 39' 24" W 100.59 ft.;
                   S 22° 03' 58" E 151.13 ft.;
                   N 63° 27' 04" W 81.77 ft.;
                   S 58° 48' 33" W 36.89 ft.;
                   S 10° 13' 24" E 95.69 ft.;
                   S 81° 11' 03" W 49.72 ft.;
                   N 26° 10' 49" W 71.99 ft.;
                   S 68° 22' 24" W 118.99 ft.;
                   S 15° 49' 41" E 78.85 ft.;
                   S 50° 57' 02" E 114.62 ft.;
                   S 04° 56' 40" E 117.36 ft.;
                   S 51° 40' 05" E 77.75 ft.;
                   S 51° 08' 31" W 37.66 ft.;
                   N 85° 14' 24" W 159.15 ft.;
                   S 24° 22' 49" W 31.08 ft. to the south common
corner between said tracts, located on the north line of said Reneau
called 381.948 acres;
Thence S 88° 37' 20" W 350.12 ft. along the common line between said
Frewin called 563 acres and said Reneau called 381.948 acres to a
1/2" iron rod found for corner;
Thence S 02° 00' 37" E 371.79 ft. along the common line between said
Frewin called 563 acres and said Reneau called 381.948 acres to a
1/2" iron rod found for corner;
Thence S 86° 03' 37" W, along the common line between said Frewin
called 563 acres and said Reneau called 381.948 acres, at 393.56 ft.
pass the northwest corner of the called 5.029 acres (part of the
6.400 acres described below as "Parcel Two") described as "Second
Tract" in said Frewin deed, and continuing along the common line
between said called 563 acres and said called 5.029 acres, in all a
total distance of 613.35 ft. to a 1/2" iron rod found for the
northwest corner of said called 5.029 acres and a corner of said
Reneau called 381.948 acres;
Thence N 01° 55' 41" E 714.74 ft. along the common line between said
Frewin called 563 acres and said Reneau called 381.948 acres to a
1/2" iron rod found for corner;
Thence S 85° 56' 14" W 294.97 ft. along the common line between said
Frewin called 563 acres and said Reneau called 381.948 acres to a
1/2" iron rod found for corner;
Thence N 02° 44' 05" W 91.72 ft. along the common line between said
Frewin called 563 acres and said Reneau called 381.948 acres to a
1/2" iron rod set for corner;
Thence N 48° 52' 14" W 420.81 ft. along the common line between said
Frewin called 563 acres and said Reneau called 381.948 acres to a
1/2" iron rod found for corner;
Thence S 83° 06' 27" W 426.68 ft. along the common line between said
Frewin called 563 acres and said Reneau called 381.948 acres to a
60d nail found for corner;
Thence N 80° 31' 07" W 170.18 ft. along the common line between said
Frewin called 563 acres and said Reneau called 381.948 acres to a
1/2" iron rod set for corner;
Thence N 85° 54' 34" W 279.21 ft. along the common line between said
Frewin called 563 acres and said Reneau called 381.948 acres to a
1/2" iron rod set for corner;
Thence N 16° 03' 33" W 598.70 ft. along the common line between said
Frewin called 563 acres and said Reneau called 381.948 acres to a
1/2" iron rod set for corner;
Thence S 82° 27' 29" W 352.04 ft. along the common line between said
Frewin called 563 acres and said Reneau called 381.948 acres to the
place of beginning and containing within these bounds 563.139 acres
of land.
PARCEL TWO: 6.400 Acres
Beginning at a 1/2" iron rod found for the northwest corner of the
called 5.029 acres described as "Second Tract" in said Frewin deed,
said point being an exterior corner of the 563.139 acres described
above and a corner of the called 381.948 acres described in deed to
R. Kyle Reneau and Beth C. Reneau recorded under Clerk's File No.
01-4293, Page 15705 of said San Jacinto County Official Public
Records, said point being the northwest corner of the herein
described 6.400 acre tract;
Thence N 86° 03' 37" E 219.79 ft. along the common line between said
called 5.029 acres and said 563.139 acres to the northeast corner of
said called 5.029 acres and a corner of said Reneau called 381.948
acres, said point being the northeast corner of the herein
described 6.400 acre tract;
Thence 2,220.00 ft. in a southwesterly direction along the common
line between said called 5.029 acres and said Reneau called 381.948
acres, in a curve to the left having a central angle 83° 35' 27", the
radius being 1,521.66 ft. and the chord bears S 20° 49' 48" W
2,028.29 ft. to a 1/2" iron rod set for the east common corner
between said called 5.029 acre "Second Tract" and the called 1.377
acres described as "Third Tract" in said Frewin deed, said point
being the northwest corner of Lot 1, Block 3 of Waterwood Turtle
Creek, a subdivision in said San Jacinto County, Texas, as shown by
the map or plat recorded in Volume 7, Page 19 of the San Jacinto
County Plat Records (said Plat being canceled by instrument
recorded under Clerk's File No. 02-3382, Page 44056 of said
Official Public Records) and being a part of the lands described in
deed to Kyle Reneau and wife, Beth Reneau, recorded under Clerk's
File No. 01-3453, Page 12713 of said Official Public Records;
Thence S 20° 59' 27" E 600.00 ft. along the common line between said
called 1.377 acre "Third Tract" and said Reneau lands, same being
the west line of said Lot 1, to a 1/2" iron rod set for corner,
located on the north right of way line of F. M. Highway No. 980, said
point being the southeast corner of the herein described 6.400 acre
tract;
Thence S 69° 00' 33" W 100.00 ft. along the south line of said called
1.377 acres, same being the north right of way line of said F. M.
Highway No. 980, to a 1/2" iron rod set for the south common corner
between said called 1.377 acres and Parcel B, Block 2 of said
Waterwood Turtle Creek (same being a part of the lands described in
said Reneau deed recorded under Clerk's File No. 01-3453, Page
12713), said point being the southwest corner of the herein
described 6.400 acre tract;
Thence N 20° 59' 27" W 600.00 ft. along the common line between said
called 1.377 acres and said Block 2 of Waterwood Turtle Creek to a
1/2" iron rod set for the west common corner between said called
1.377 acres and said called 5.029 acres and a corner of said Reneau
called 381.948 acres, said point being the P.C. of a curve;
Thence 2,163.75 ft. in a northeasterly direction along the common
line between said called 5.029 acres and said Reneau called 381.948
acres, in a curve to the right having a central angle 76° 26' 56",
the radius being 1,621.66 ft. and the chord bears N 17° 15' 27" E
2,006.78 ft. to the place of beginning and containing within these
bounds 6.400 acres of land.
Bearings for this description are based on plat call for the south
line of Block 4 of Waterwood Turtle Creek as shown on the plat
recorded in Volume 7, Page 19 of the San Jacinto County Plat
Records.
       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, 2007.