By: O'Day (Senate Sponsor - Jackson) H.B. No. 4081

(In the Senate - Received from the House May 10, 2007; May 14, 2007, read first time and referred to Committee on Intergovernmental Relations; May 21, 2007, reported favorably by the following vote: Yeas 9, Nays 0; May 21, 2007, sent to printer.)

A BILL TO BE ENTITLED

AN ACT

relating to the creation of the Sedona Lakes Municipal Utility District No. 1 of Brazoria 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 8215 to read as follows:

CHAPTER 8215. SEDONA LAKES MUNICIPAL UTILITY DISTRICT

NO. 1 OF BRAZORIA COUNTY

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8215.001. DEFINITIONS. In this chapter:

(1) "Board" means the district's board of directors.

(2) "Director" means a board member.

(3) "District" means the Sedona Lakes Municipal Utility District No. 1 of Brazoria County.

Sec. 8215.002. NATURE OF DISTRICT. The district is a municipal utility district in Brazoria County created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.

Sec. 8215.003. CONFIRMATION ELECTION REQUIRED. If the creation of the district is not confirmed at a confirmation election held under Section 8215.023 before September 1, 2011:

(1) the district is dissolved September 1, 2011, except that the district shall:

(A) pay any debts incurred;

(B) transfer to Brazoria 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, 2014.

Sec. 8215.004. 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;

(3) the validity of the district's bonds, notes, or indebtedness; or

(4) the legality or operation of the district or the board.

[Sections 8215.005-8215.020 reserved for expansion]

SUBCHAPTER A-1. TEMPORARY PROVISIONS

Sec. 8215.021. INITIAL DIRECTORS. (a) The initial board consists of:

(1) Kevin Curry;

(2) Troy Koteras;

(3) Jeff Baker;

(4) Brandon Macey; and

(5) Todd Aiken.

(b) The first three directors named in Subsection (a) serve until the first regularly scheduled election of directors, and the last two directors named in Subsection (a) serve until the second regularly scheduled election of directors.

Sec. 8215.022. CONSENT OF MUNICIPALITY REQUIRED. The initial directors may not hold an election under Section 8215.023 until each municipality in whose corporate limits or extraterritorial jurisdiction the district is located has adopted a resolution consenting to the creation of the district.

Sec. 8215.023. CONFIRMATION ELECTION. The initial directors shall hold an election to confirm the creation of the district.

Sec. 8215.024. EXPIRATION OF SUBCHAPTER. This subchapter expires September 1, 2011.

[Sections 8215.025-8215.050 reserved for expansion]

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 8215.051. GOVERNING BODY; TERMS. (a) The district is governed by a board of five directors.

(b) Directors serve staggered four-year terms.

[Sections 8215.052-8215.100 reserved for expansion]

SUBCHAPTER C. POWERS AND DUTIES

Sec. 8215.101. 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. 8215.102. ROAD PROJECTS. (a) To the extent authorized by Section 52, Article III, Texas Constitution, the district may construct, acquire, improve, maintain, or operate macadamized, graveled, or paved roads, or improvements in aid of those roads, inside the district.

(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.

(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.

Sec. 8215.103. COMPLIANCE WITH MUNICIPAL ORDINANCES OR RESOLUTIONS. The district shall comply with all applicable requirements of any ordinance or resolution adopted by the governing body of the City of Manvel that consents to the creation of the district.

[Sections 8215.104-8215.150 reserved for expansion]

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 8215.151. TAX TO REPAY BONDS. The district may impose a tax to pay the principal of or interest on bonds or other obligations issued under Section 8215.201.

[Sections 8215.152-8215.200 reserved for expansion]

SUBCHAPTER E. BONDS

Sec. 8215.201. 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, to finance the construction, maintenance, or operation of a project under Section 8215.101 or 8215.102.

(b) The district may not issue bonds or other obligations to finance projects authorized by Section 8215.102 unless the issuance is approved by a vote of a two-thirds majority of the district voters voting at an election called for that purpose.

(c) Bonds or other obligations issued or incurred to finance projects authorized by Section 8215.102 may not exceed one-fourth of the assessed value of the real property in the district.

SECTION 2. The Sedona Lakes Municipal Utility District No. 1 of Brazoria County includes all the territory contained in the following area: A METES & BOUNDS description of a certain 501.33 acre tract, in the A.C.H. & B.R.R. Company Survey Section 87, Abstract No.415, the A.C.H. & B.R.R. Company Survey Section 89, Abstract No.417, the Mary V. O'Donnell Survey, Abstract No. 469, the R.B. Lyle Survey Section 88, Abstract No. 540, and the R.B. Lyle Survey Section 92, Abstract No. 541 in Brazoria County, Texas, being all of a called 239.00 acre tract, (Tract 4) to Walter P. Zivley, Trustee as described in Special Warranty Deed, recorded in Clerk's File No. 98-041332 of the Brazoria County Official Public Records of Real Property, a portion of a called 42.261 acre tract to RV Resorts America Inc. described in Warranty Deed with Vendor's Lien recorded in Clerk's File No. 2006013841 of the Brazoria County Official Public Records of Real Property, a portion of Lots 3, 7, 8, 12, 16 and all of Lot 4 in Block 87, a portion of Lot 60 in Block 88, a portion of Lots 45-50, and 55 and all of Lots 56-58 in Block 89, all of Lots 1-6, 9-12, 18-20, 28, 36, and a portion of Lot 27 in Block 92 of the Allison Richey Gulf Coast Home Company Part of Suburban Gardens Section 89 Subdivision, plat of which is recorded in Volume 2, Page 98 of the Brazoria County Plat Records, and all of Lots A-F, H-J, L-R, T, V-Y of Replat Of Lots 1, 2, & 9 of the Allison Richey Gulf Coast Home Company Subdivision, plat of which is recorded in Volume 3, Page 106 of the Brazoria County Plat Records; said 501.33 acre tract being more particularly described as follows with all bearings being base on the Texas State Plane Coordinate System, South Central Zone, NAD83; BEGINNING at a found concrete monument marking the southwest corner of the said 239.00 acre tract, being the northwest corner of Lot 1 in Block O of the Allison Richey Gulf Coast Home Company Part of Suburban Gardens Section 89 Subdivision, plat of which is recorded in Volume 2, Page 98 of the Brazoria County Plat Records, being in the east line of a called 46.8412 acre tract to VDB Partners, LTD, recorded in Clerk's File No. 99-050835 of the Brazoria County Official Public Records of Real Property; THENCE, North 03°17'52" West, 2461.38 feet along the west line of the said 239.00 acre tract being common with the east line of said 46.8412 acre tract, the east line of a called 16.6700 acre tract to VDB Partners, LTD, recorded in Clerk's File No. 99-050834 of the Brazoria County Official Public Records of Real Property, and the east line of a called 26.6211 acre tract to Durrett Development Inc. described in Special Warranty Deed recorded in Clerk's File No. 03-066565 of the Brazoria County Official Public Records of Real Property, to a set 3/4-inch iron rod (with cap stamped "Cotton Surveying") marking the northeast corner of said 26.6211 acre tract, being the southeast corner of said Lot 58 in Block 89; THENCE, South 86°29'39" West, 882.28 feet along the north line of said 26.6211 acre tract, being common with the south line of said Lot 58, to a found 3/4-inch iron pipe marking the northwest corner of said 26.6211 acre tract, being the southwest corner of said Lot 58, the northeast corner of Lot 49, the southeast corner of Lot 48, all in Block 89 of said Allison Richey Subdivision; THENCE, South 03°21'16" East, 1260.10 feet along the west line of said 26.6211 acre tract, being common with the east line of said Lots 49 and 50 to a found 1/2-inch iron rod the southwest corner of said 26.6211 acre tract, being in the north right-of-way of County Road 58 (ROW Varies); THENCE, South 86°03'22" West, 77.20 feet along the north right-of-way of said County Road 58 to a found concrete monument marking a cutback of the north right-of-way line of said County Road 58, and Texas State Highway 288 as recorded in Volume 1041 Page 423 and Volume 1048 Page 505 of the Brazoria County Deed Records; THENCE, North 47°49'53" West, 140.43 feet along said cutback to found concrete monument in the east right-of-way of said Texas State Highway 288; THENCE, along the east right-of-way of said Texas State Highway 288, the following four (4) courses and distances:

1. North 02°16'31" West, 1069.96 feet to a found concrete monument;

2. North 03°49'23" East, 572.04 feet to a found concrete monument marking the beginning of a curve to the left;

3. Along the arc of said curve to the left having a radius of 11,669.16 feet, an arc length of 1442.77 feet, a central angle of 07°05'02", and a long chord bearing North 00°18'47" East, 1441.85 feet, to a found concrete monument;

4. North 03°12'34" West, 64.49 feet to a set 3/4-inch iron rod (with cap stamped "Cotton Surveying) marking the northwest corner of Lot 55, being the southwest corner of Lot 54 in Block 89 of aforementioned Allison Richey Gulf Coast Home Company Subdivision, from which a found 1/2-inch iron rod bears North 03°12'34" West, 4.46 feet; THENCE, North 86°29'39" East, 437.90 feet along the north line of said Lot 55, being common with the south line of said Lot 54 to a set 3/4-inch iron rod (with cap stamped "Cotton Surveying") from which a found 5/8-inch iron rod bears North 03°22'25" East, 2.00 feet; THENCE, South 03°15'13" East, 495.00 feet to a set 3/4-inch iron rod (with cap stamped "Cotton Surveying") in the south line of said Lot 55, being the north line of said Lot 56 in Block 89 from which a found 5/8-inch iron rod (with cap stamped "LJA") bears North 19°02'59" East, 1.76 feet; THENCE, North 86°29'39" East, 438.28 feet along the north line of said Lot 56, being the south line of Lot 55, to a set 3/4-inch iron rod (with cap stamped "Cotton Surveying") marking the southeast corner of said Lot 55, being the northeast corner of said Lot 56, being in the west line of the aforementioned 239.00 acre tract; THENCE, North 03°17'52" West, along the east line of Block 89, being common with the west line of aforementioned 239.00 acre tract passing at 2473.96 feet a found 5/8-inch iron rod (with cap stamped "LJA"), continuing in all a total distance of 2475.08 feet, to a set 3/4-inch iron rod (with cap stamped "Cotton Surveying"), marking the southeast corner of aforementioned Lot 60, being the northeast corner of aforementioned Lot 51, from which a found concrete monument bears North 03°17'52" West, 8.58 feet; THENCE, South 86°39'34" West, 676.72 feet along the north line of said Lot 51, being common with the south line of said Lot 60 to a found 5/8-inch iron rod (with cap stamped "LJA") marking a cutback of County Road 101 and Texas State Highway 288 as recorded in Volume 1041 Page 466 of the Brazoria County Deed Records, from which a found 1/2-inch iron rod and a found concrete monument bears South 74°13'18" East, 59.39 feet and 213.91 feet respectively; THENCE, North 74°13'18" West, continuing along said cutback passing at 129.35 feet a found concrete monument, continuing in all a total distance of 158.98 feet to a found 5/8-inch iron rod (with cap stamped "LJA"); THENCE, North 38°55'28" West, 80.96 feet to a found concrete monument in the east right-of-way of the aforementioned Texas State Highway 288; THENCE, North 03°17'32" West, continuing along the east right-of-way of the said Texas State Highway 288, being common with the west line of said Lot 60, passing at 294.02 feet at found 5/8-inch iron rod, continuing in all a total distance of 294.59 feet to a set 3/4-inch iron rod (with cap stamped "Cotton Surveying"); THENCE, North 86°39'34" East, along the north line of the south half of Lot 60 in Block 88, passing at 78.89 feet (0.63 feet left) a found 5/8-inch iron rod, passing at 856.09 feet a found 5/8-inch iron rod (with cap stamped "LJA"), passing at 875.84 feet a found 1/2-inch iron rod, continuing in all a total distance of 876.30 feet to a set 3/4-inch iron rod (with cap stamped "Cotton Surveying") in the east line of said Lot 60, being common with the west line of Lot 4 of Block 87; THENCE, North 02°59'05" West, 466.92 feet along the said common line, and the east line of Lot 59 of Block 88 to a found 5/8-inch iron rod marking the south line of Silvercreek Section 9, plat of which is recorded in Volume 23, Page 323 of the Brazoria County Plat Records; THENCE, South 76°44'09" East, along the south line of said Silvercreek Section 9, and the south line of Silvercreek Section 7, plat of which is recorded in Volume 23, Page 319 of the Brazoria County Plat Records, and the south line of Silvercreek Section 7, plat of which is recorded in Volume 23, Page 319 of the Brazoria County Plat Records, a distance of 1213.39 feet to a found 5/8-inch iron rod (with cap stamped "Cotton Surveying"); THENCE, South 76°20'19" East, continuing along the south line of said Silvercreek Section 7, and the south line of Silvercreek Section 10, plat of which is recorded in Volume 24, Page 105 of the Brazoria County Plat Records, a distance of feet 817.76 feet to a found 5/8-inch iron rod (with cap stamped "Cotton Surveying"); THENCE, South 76°48'42" East, 701.06 feet continuing along the south line of said Silvercreek Section 10 to a set 3/4-inch iron rod (with cap stamped "Cotton Surveying") in the west line of Stonebridge Section 3, plat of which is recorded in Volume 24, Page 207 of the Brazoria County Plat Records; THENCE, South 03°00'04" East, 87.08 feet along the west line of said Stonebridge Section 3 to a point for corner in a drainage ditch, being in the north line of Lot Y in Block 1 of the Replat of Lots 1-2 & 9 of the Allison Richey Gulf Coast Home Company Subdivision of Section 92, replat recorded in Volume 3, Page 106 of the Brazoria County Plat Records; THENCE, North 86°46'58" East, along the south line of said Stonebridge Section 3, being common with the north line of Lots 18, 27, and 36 in Block 92 of said Allison Richey Gulf Coast Home Company Subdivision, passing at 778.97 feet (0.36 feet right) a found 5/8-inch iron rod, continuing in all a total distance of 781.76 feet to a set 3/4-inch iron rod (with cap stamped "Cotton Surveying"), marking the northeast corner of said Lot 18, being the northwest corner of said Lot 27; THENCE, South 02°41'12" East, 228.22 feet along the west line of the said Lot 27, being common with the east line of said Lot 18, all in Block 92 to a point for corner in the centerline of a drainage ditch; THENCE, South 76°35'08" East, 646.56 feet along the said centerline of the drainage ditch to a point for corner in the east line of said Lot 27, being common with the west line of aforementioned Lot 36; THENCE, North 02°41'12" West, 413.28 feet along the said common line to a set 3/4-inch iron rod (with cap stamped "Cotton Surveying") marking the northwest corner of said Lot 36, being the northeast corner said Lot 27, being in the south line of Stonebridge Section 2, Plat of which is recorded in Volume 23, Page 101 of the Brazoria County Plat Records; THENCE, North 86°46'58" East, along the south line of said Stonebridge Section 2, being common with the north line of said Lot 36, passing at 584.51 feet a found 5/8-inch iron rod, passing at 618.30 feet a found 60D Nail inside a 1-1/2-inch iron pipe, continuing in all a total distance of 621.33 feet to a set 3/4-inch iron rod marking the northwest corner of Lot 45, being the northeast corner of said Lot 36, being in the south line of Lot 48 in Block 87 of the said Allison Richey Gulf Coast Home Company Subdivision; THENCE, South 02°41'12" East, 701.80 feet along the east line of said Lot 36, being common with the west line said Lot 45 to a set 3/4-inch iron rod (with cap stamped "Cotton Surveying"), marking the southeast corner of said Lot 36, being common with the southwest corner of said Lot 45, being the northwest corner of Lot 46, and the northeast corner of Lot 37, all in block 92 of the said Allison Richey Gulf Coast Home Company Subdivision; THENCE, South 86°48'43" West, along the south line of said Lot 36, being common with the north line of said Lot 37, passing at 3.06 feet (0.60 feet right) a found 1-inch iron pipe (bent), continuing in all a total distance of 621.32 feet to a set 3/4-inch iron rod (with cap stamped "Cotton Surveying") marking the northwest corner of said Lot 37, being the southwest corner of said Lot 36, the southeast corner of said Lot 27, and the northeast corner of said Lot 28, all in Block 92 of the said Allison Richey Gulf Coast Home Company Subdivision; THENCE, South 02°41'12" East, 700.83 feet along the east line of said Lot 28, being common with the west line of said Lot 37 to a set 3/4-inch iron rod (with cap stamped "Cotton Surveying") marking the southeast corner of said Lot 28, being the southwest corner of said Lot 37, the northwest corner of Lot 38, and the northeast corner of Lot 29, all in Block 92 of the said Allison Richey Gulf Coast Home Company Subdivision, from which a found 5/8-inch iron rod bears South 02°41'12" East, 1.50 feet; THENCE, South 86°48'43" West, 310.58 feet along the south line of the said Lot 28, being the north line of said Lot 29 to a set 3/4-inch iron rod (with cap stamped "Cotton Surveying"), marking the northeast corner of a called 42.261 acre tract described in Warranty Deed with Vendor's Lien, recorded in Clerk's File No. 2006013841 of the Brazoria County Official public Records of Real Property; THENCE, South 02°41'12" East, along the east line of the said 42.261 acre tract, passing at 0.90 feet a found 5/8-inch iron rod (with cap stamped "RPLS 1718"), continuing in all a total distance of 700.83 feet a set 3/4-inch iron rod (with cap stamped "Cotton Surveying") marking an interior north corner of said 42.261 acre tract, being in the south line of said Lot 29, being in the north line of Lot 30 in Block 92 of the said Allison Richey Gulf Coast Home Company Subdivision; THENCE, North 86°47'30" East, 310.12 feet along the north line of said 42.261 acre tract, to a found 5/8-inch iron rod (with cap stamped "RPLS 1718") marking the northeast corner of said Lot 30, being the southeast corner of said Lot 29, the southwest corner of Lot 38, and the northwest corner of Lot 39, in Block 92 of the said Allison Richey Gulf Coast Home Company Subdivision, said iron rod also marking the northwest corner of a called 30.909 acre tract to RV Resorts America Inc., described in Warranted Deed with Vendor's Lien recorded in Clerk's File No. 2006013839 of the Brazoria County Official Public Records of Real Property; THENCE, South 02°42'08" East, 697.02 feet along the west line of said 30.909 acre tract, being common with the east line of said 42.261 acre tract to a found 5/8-inch iron rod marking the western most southwest corner of said 30.909 acre tract, being the northwest corner of Lot 40 in Block 92; THENCE, South 02°38'38" East, along the west line of said Lot 40, being the east line of said 42.261 acre tract, passing at 558.86 feet a found 5/8-inch iron rod (with cap stamped "RPLS 1718), continuing in all a total distance of 612.77 feet to point for corner in the centerline of Mustang Bayou marking the beginning of a curve to the left; THENCE, along the meanders of Mustang Bayou, being the south line of said 42.261 acre tract, the following ten (10) courses and distances:

1. Along the arc of said curve to the left having a radius of 150.00 feet, an arc length of 78.41 feet, a central angle of 29°57'05", and a long chord bearing South 75°43'05" West, 77.52 feet to a point for corner marking the beginning of a curve to the right;

2. Along the arc of said curve to the right having a radius of 100.00 feet, an arc length of 109.73 feet, a central angle of 62°52'21", and a long chord bearing South 88°45'14" West, 104.31 feet to a point for corner marking the beginning of a curve to the left;

3. Along the arc of said curve to the left having a radius of 875.00 feet, an arc length of 192.49 feet, a central angle of 12°36'15", and a long chord bearing North 63°31'26" West, 192.10 feet to a point for corner marking the beginning of a curve to the right;

4. Along the arc of said curve to the right having a radius of 325.00 feet, an arc length of 130.56 feet, a central angle of 23°00'59", and a long chord bearing North 63°26'12" West, 129.68 feet to a point for corner marking the beginning of a curve to the left;

5. Along the arc of said curve to the left having a radius of 200.00 feet, an arc length of 129.60 feet, a central angle of 37°07'35", and a long chord bearing North 64°41'23" West, 127.34 feet to a point for corner;

6. South 89°30'08" West, 106.12 feet to a point for corner marking the beginning of a curve to the right;

7. Along the arc of said curve to the right having a radius of 100.00 feet, an arc length of 92.75 feet, a central angle of 53°08'28", and a long chord bearing North 70°07'28" West, 89.46 feet, to a point for corner;

8. North 47°51'26" West, 89.75 feet to a point for corner;

9. North 41°42'34" West, 113.40 feet to a point for corner marking the beginning of a curve to the left;

10. Along the arc of said curve to the left having a radius of 350.00 feet, an arc length of 381.20 feet, a central angle of 62°24'12", and a long chord bearing North 74°32'42" West, 362.64 feet, to a point for corner marking the southwest corner of the aforementioned 42.261 acre tract, being in the east line of Lot 13 in Block 92 of the said Allison Richey Gulf Coast Home Company Subdivision; THENCE, North 02°41'12" West, 91.54 feet along the east line of said Lot 13, being the west line of said 42.261 acre tract to a set 3/4-inch iron rod (with cap stamped "Cotton Surveying") marking the northeast corner of said Lot 13, being the southeast corner of Lot 12 in Block 92 of the said Allison Richey Gulf Coast Home Company Subdivision, from which a found 5/8-inch iron rod (with cap stamped "LJA") bears North 02°41'12" West, 1.03 feet; THENCE, South 86°48'43" West, 621.57 feet along the south line said Lot 12, being the north line of said Lot 13 to a set 3/4-inch iron rod (with cap stamped "Cotton Surveying") marking the northeast corner of Lot 5, the southeast corner of Lot 4, the southwest corner of Lot 12, and the northwest corner of Lot 13 in Block 92 of the said Allison Richey Gulf Coast Home Company Subdivision; THENCE, South 02°41'12" East, along the east line of said Lot 5, and Lot 6 in Block 92, and the west line of a called 84.3040 acre tract to Manvel BDC Limited Partnership described in General Warranty Deed recorded in Clerk's File No. 02-016132 of the Brazoria County Official Public Records of Real Property, passing at 0.91 feet a found 5/8-inch iron rod, continuing in all a total distance of 1402.42 feet to a found 5/8-inch iron rod (with cap stamped "LANEY") marking an angle point in the west line of the said 84.3040 acre tract, being the southeast corner of said Lot 6; THENCE, South 86°48'43" West, 560.37 feet along the north line of said 84.3040 acre tract to a found 5/8-inch iron rod, marking the southwest corner of said Lot 6, being a northwest corner of said 84.3040 acre tract, being in the east line of the aforementioned 239.00 acre tract; THENCE, South 03°31'15" East, 614.44 feet along the west line of said 84.3040 acre tract, being common with the east line of said 239.00 acre tract to a found concrete monument marking an angle point, from which a found 5/8-inch iron rod bears North 07°33'57" East, 0.22 feet; THENCE, South 38°50'47" West, 476.70 feet along the said common line to a set 3/4-inch iron rod (with cap stamped "Cotton Surveying") marking an angle point, from which a found 5/8-inch iron rod (with cap stamped "LJA") bears South 74°36'22" East, 0.48 feet; THENCE, South 51°09'15" East, along the said common line, passing at 1852.11 feet (3.23 feet left) a found 5/8-inch iron rod (with cap stamped "Laney"), continuing in all a total distance of 1898.02 feet to a set 3/4-inch iron rod (with cap stamped "Cotton Surveying"), marking the southeast corner of said 239.00 acre tract, being a southwest corner of said 84.3040 acre tract, being in the south line of Block 92, which is common with the north line of Block O in the said Allison Richey Gulf Coast Home Company Subdivision, THENCE, South 87°00'55" West, 2645.21 feet along the said common line, also being the south line of said 239.00 acre tract to the POINT OF BEGINNING, CONTAINING 505.77 acres of land in Brazoria County, Texas, save and except the following four (4) tracts: SAVE & EXCEPT TRACT 1 Lot G, a 1.11 acre tract of the Replat Allison Richey Gulf Coast Home Company Subdivision of Section 92, replat recorded in Volume 3, Page 106 of the Brazoria County Plat Records SAVE & EXCEPT TRACT 2 Lot K, a 1.11 acre tract of the Replat Allison Richey Gulf Coast Home Company Subdivision of Section 92, replat recorded in Volume 3, Page 106 of the Brazoria County Plat Records SAVE & EXCEPT TRACT 3 Lot S, a 1.11 acre tract of the Replat Allison Richey Gulf Coast Home Company Subdivision of Section 92, replat recorded in Volume 3, Page 106 of the Brazoria County Plat Records SAVE & EXCEPT TRACT 4 Lot U, a 1.11 acre tract of the Replat Allison Richey Gulf Coast Home Company Subdivision of Section 92, replat recorded in Volume 3, Page 106 of the Brazoria County Plat Records For a total net acreage of 501.33 acres of land in Brazoria County, Texas.

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 September 1, 2007.

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