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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the Triple Creek Municipal Management |
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District; providing authority to levy an assessment, impose a tax, |
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and issue bonds. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. TRIPLE CREEK MANAGEMENT DISTRICT. Subtitle C, |
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Title 4, Special District Local Laws Code, is amended by adding |
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Chapter 3851 to read as follows: |
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CHAPTER 3851. TRIPLE CREEK MUNICIPAL MANAGEMENT DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 3851.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the board of directors of the |
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district. |
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(2) "City" means the city of McLendon-Chisholm. |
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(3) "District" means the Triple Creek Municipal |
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Management District. |
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(4) "Improvement project" means a program or project |
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authorized by Section 3851.102, inside or outside the district. |
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Sec. 3851.002. CREATION AND NATURE OF DISTRICT. The Triple |
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Creek Municipal Management District is a special district created |
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under Section 59, Article XVI, Texas Constitution. |
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Sec. 3851.003. PURPOSE; LEGISLATIVE FINDINGS. (a) The |
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creation of the district is essential to accomplish the purposes of |
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Sections 52 and 52-a, Article III, and Section 59, Article XVI, |
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Texas Constitution, and other public purposes stated in Section |
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375.001, Local Government Code, and Section 54.012, Water Code. By |
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creating the district and in authorizing the city and other |
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political subdivisions to contract with the district, the |
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legislature has established a program to accomplish the public |
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purposes set out in Section 52-a, Article III, Texas Constitution. |
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(b) This chapter and the creation of the district may not be |
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interpreted to relieve the City or Rockwall or Kaufman County from |
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providing the level of services provided as of the effective date of |
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the Act enacting this chapter to the area in the district. The |
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district is created to supplement and not to supplant the city and |
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county services provided in the area in the district. |
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Sec. 3851.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
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The district is created to serve a public use and benefit. |
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(b) All land and other property included in the district |
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will benefit from the improvements and services to be provided by |
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the district under powers conferred by Sections 52 and 52-a, |
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Article III, and Section 59, Article XVI, Texas Constitution, and |
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other powers granted under this chapter. |
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(c) The creation of the district is in the public interest |
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and is essential to accomplish the purposes stated in Section |
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375.001, Local Government Code, and Section 54.012, Water Code. |
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Sec. 3851.005. DISTRICT TERRITORY. (a) The district is |
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composed of the territory described by Section 2 of the Act enacting |
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this chapter, as that territory may have been modified under |
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Section 3851.106. |
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(b) A mistake in the field notes of the district contained |
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in Section 2 of the Act enacting this chapter or in copying the |
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field notes in the legislative process does not in any way affect: |
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(1) the district's organization, existence, or |
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validity; |
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(2) the district's right to contract, including the |
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right to issue any type of bond or other obligation for a purpose |
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for which the district is created; |
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(3) the district's right to impose or collect an |
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assessment, tax, or any other revenue; or |
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(4) the legality or operation of the board. |
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Sec. 3851.006. APPLICABILITY OF MUNICIPAL MANAGEMENT |
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DISTRICTS LAW. Except as otherwise provided by this chapter, |
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Chapter 375, Local Government Code, applies to the district. |
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[Sections 3851.007-3851.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 3851.051. GOVERNING BODY; TERMS. The district is |
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governed by a board of five directors who serve staggered terms of |
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four years, with two or three directors' terms expiring November 30 |
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of each even-numbered year. |
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Sec. 3851.052. ELECTION DATE. The board shall hold |
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elections for directors on the uniform election date in November in |
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even-numbered years. |
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Sec. 3851.053. ELIGIBILITY. To be qualified to serve as a |
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director, a person must be at least 18 years of age and: |
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(1) reside in the district and be qualified to vote; |
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(2) own real property in the district; or |
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(3) have served as an initial director. |
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Sec. 3851.054. VACANCY. The remaining directors shall fill |
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a vacancy on the board by appointing a person who meets the |
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qualifications prescribed by Section 3851.053. |
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Sec. 3851.055. DISTRICT CONFIRMATION ELECTION. (a) As |
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soon as practicable after all initial directors have qualified for |
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office, the board shall hold an organizational meeting and call a |
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confirmation election to be held not later than the second uniform |
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election date occurring after the date of the organizational |
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meeting. |
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(b) The board shall hold the confirmation election to |
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confirm the establishment of the district in the manner provided by |
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Subchapter D, Chapter 49, Water Code, not later than the second |
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uniform election date after: |
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(1) the governing body of the city, by resolution, |
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consents to the holding of the election; and |
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(2) the district and the city agree on the development |
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plans and rules for the district. |
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(c) Before the district is confirmed at an election, the |
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district may carry on business as the board may determine except |
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that the district may not borrow money or impose or assess a tax or |
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an assessment. |
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(d) If the creation of the district is not confirmed at a |
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confirmation election held before September 1, 2010: |
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(1) the district is dissolved on September 1, 2010, |
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except that the district shall: |
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(A) pay any debts incurred; |
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(B) transfer to the city any assets that remain |
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after the payment of debts; and |
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(C) maintain the organization of the district |
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until all debts are paid and remaining assets are transferred; and |
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(2) this chapter expires September 1, 2010. |
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Sec. 3851.056. INITIAL DIRECTORS. (a) The initial board |
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consists of the following directors: |
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Pos. No. |
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Name of Director |
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2 |
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Harry Allen Starkweather |
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(b) Of the initial directors, the terms of directors |
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appointed for positions 1 and 2 expire November 30, 2008, and the |
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terms of directors appointed for positions 3 through 5 expire |
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November 30, 2010. |
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(c) Section 49.052(a), Water Code, does not apply to an |
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initial director. |
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(d) This section expires September 1, 2011. |
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[Sections 3851.057-3851.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 3851.101. GENERAL POWERS AND DUTIES. The district has |
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the powers and duties provided by: |
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(1) the general laws relating to conservation and |
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reclamation districts created under Section 59, Article XVI, Texas |
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Constitution, including Chapters 49 and 54, Water Code; |
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(2) the general laws relating to road districts and |
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road utility districts created under Section 52(b), Article III, |
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Texas Constitution, including Chapter 441, Transportation Code; |
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(3) Subchapter A, Chapter 372, Local Government Code, |
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in the same manner as a municipality or a county; |
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(4) Chapter 375, Local Government Code; and |
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(5) Section 4B, Development Corporation Act of 1979 |
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(Article 5190.6, Vernon's Texas Civil Statutes). |
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Sec. 3851.102. IMPROVEMENT PROJECTS. (a) The district may |
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provide, or it may enter into contracts with a governmental or |
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private entity to provide, improvement projects or activities in |
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support of or incidental to district projects authorized under |
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Section 3851.101. |
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(b) An improvement project must comply with any applicable |
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city codes and ordinances. |
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(c) The district may not provide, conduct, or authorize any |
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improvement project on the city streets, highways, rights-of-way, |
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or easements without the consent of the governing body of the city. |
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(d) Subject to the agreement required by Section |
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3851.055(b)(2), the city may: |
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(1) require that title to all or any portion of an |
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improvement project vest in the city; or |
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(2) by ordinance or other directive authorize the |
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district to own, encumber, maintain, and operate an improvement |
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project, subject to the right of the city to order a conveyance of |
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the project to the city on a date determined by the city. |
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Sec. 3851.103. GENERAL POWERS REGARDING CONTRACTS. (a) |
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The district may: |
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(1) contract with a state agency, municipality, |
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county, other political subdivision, corporation, individual, or |
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other entity to carry out the purposes of the district, including a |
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contract for: |
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(A) the payment, repayment, or reimbursement of |
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costs incurred on behalf of the district, including all or part of |
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the costs of an improvement project and interest on the reimbursed |
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cost; or |
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(B) the use, occupancy, lease, rental, |
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operation, maintenance, or management of all or part of a proposed |
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or existing improvement project; and |
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(2) apply for and contract with a state agency, |
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municipality, county, other political subdivision, corporation, |
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individual, or other entity to receive, administer, and perform a |
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duty or obligation of the district under a federal, state, local, or |
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private gift, grant, loan, conveyance, transfer, bequest, or other |
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financial assistance arrangement relating to the investigation, |
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planning, analysis, study, design, acquisition, construction, |
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improvement, completion, implementation, or operation by the |
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district or others of a proposed or existing improvement project. |
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(b) A contract payable from ad valorem taxes for a period |
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longer than one year must be approved by the governing body of the |
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city. |
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Sec. 3851.104. RULES; ENFORCEMENT. (a) The district may |
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adopt and enforce rules: |
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(1) to administer or operate the district; |
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(2) for the use, enjoyment, availability, protection, |
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security, and maintenance of the district's properties and |
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facilities; or |
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(3) to provide for public safety and security in the |
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district. |
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(b) The district may enforce its rules by injunctive relief. |
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Sec. 3851.105. NAME CHANGE. The board by resolution may |
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change the district's name. The board shall give written notice of |
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the change to the city. |
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Sec. 3851.106. ADDING OR REMOVING TERRITORY. The board may |
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add or remove territory under Subchapter J, Chapter 49, and Section |
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54.016, Water Code, except that: |
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(1) the addition or removal of the territory must be |
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approved by: |
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(A) the governing body of the city; and |
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(B) the owners of the territory being added or |
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removed; |
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(2) a reference to a tax in Subchapter J, Chapter 49, |
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or Section 54.016, Water Code, means an ad valorem tax; and |
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(3) territory may not be removed from the district if |
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bonds or other obligations of the district payable wholly or partly |
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from ad valorem taxes on the territory are outstanding. |
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[Sections 3851.107-3851.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 3851.151. GENERAL POWERS REGARDING FINANCIAL MATTERS. |
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The district may: |
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(1) impose an ad valorem tax in accordance with |
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Chapter 375, Local Government Code, on all taxable property in the |
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district to pay for an improvement project; |
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(2) impose an assessment or impact fee in the manner |
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provided for a municipality or county under Subchapter A, Chapter |
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372, Local Government Code, on all industrial, commercial, and |
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residential property in the district to pay for an improvement |
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project; |
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(3) impose a rate, fee, including an impact fee, or |
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charge for the use of an improvement project or the consumption of a |
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product resulting from an improvement project; |
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(4) borrow money for a district purpose by issuing or |
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executing bonds, notes, credit agreements, or other obligations of |
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any kind found by the board to be necessary or appropriate for the |
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district purpose; |
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(5) establish, revise, repeal, enforce, collect, and |
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apply the proceeds from a user fee or charge for the enjoyment, |
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sale, rental, or other use of a district facility, service, |
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property, or improvement project; |
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(6) provide or secure the payment or repayment of the |
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costs and expenses of the establishment, administration, and |
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operation of the district and the district's costs or share of the |
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costs or revenue of an improvement project or district contractual |
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obligation or indebtedness by or through a lease, installment |
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purchase contract, or other agreement with any person, or the |
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imposition of taxes, assessments, user fees, concessions, rentals, |
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or other revenue or resources of the district; |
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(7) establish user charges related to the operation of |
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various public services, including public water supply services, |
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for the collection and treatment of wastewater, and for the |
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operation of storm-water facilities, including the regulation of |
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storm water for the protection of water quality in the district; and |
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(8) undertake separately or jointly with other |
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persons, including the city, Kaufman County, or Rockwall County, |
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all or part of the cost of an improvement project, including an |
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improvement project: |
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(A) for improving, enhancing, and supporting |
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public safety and security, fire protection and emergency medical |
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services, and law enforcement in and adjacent to the district; or |
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(B) that confers a general benefit on the entire |
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district or a special benefit on a definable part of the district. |
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Sec. 3851.152. IMPACT FEES AND ASSESSMENTS; EXEMPTION. (a) |
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The district may impose an impact fee or assessment on property in |
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the district, including an impact fee or assessment on residential |
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or commercial property, only in the manner provided by Subchapter |
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A, Chapter 372, or Subchapter F, Chapter 375, Local Government |
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Code, for a municipality, county, or public improvement district, |
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according to the benefit received by the property. |
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(b) An impact fee for residential property must be for the |
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limited purpose of providing capital funding for: |
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(1) public water and wastewater facilities; |
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(2) drainage and storm-water facilities; and |
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(3) streets and alleys. |
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(c) An assessment, a reassessment, or an assessment |
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resulting from an addition to or correction of the assessment roll |
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by the district, penalties and interest on an assessment or |
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reassessment, an expense of collection, and reasonable attorney's |
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fees incurred by the district: |
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(1) are a first and prior lien against the property |
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assessed; and |
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(2) are superior to any other lien or claim other than |
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a lien or claim for county, school district, or municipal ad valorem |
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taxes. |
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(d) The board may make a correction to or deletion from the |
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assessment roll that does not increase the amount of assessment of |
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any parcel of land without providing notice and holding a hearing in |
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the manner required for additional assessments. |
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(e) The district may not impose an impact fee on the |
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property, including equipment and facilities, of a public utility |
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provider in the district. |
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(f) Section 375.161, Local Government Code, does not apply |
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to the district. |
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Sec. 3851.153. MAINTENANCE AND OPERATION TAX; ELECTION. |
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(a) The district may impose a tax for maintenance and operation |
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purposes, including for: |
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(1) planning, constructing, acquiring, maintaining, |
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repairing, and operating all necessary land, plants, works, |
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facilities, improvements, appliances, and equipment of the |
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district; and |
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(2) paying costs of services, engineering and legal |
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fees, and organization and administrative expenses. |
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(b) The district may not impose a maintenance and operation |
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tax unless the tax is approved by the governing body of the city and |
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a majority of the voters voting at an election held for that |
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purpose. If the tax is approved, the board may impose the tax in the |
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same manner as other district ad valorem taxes. |
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(c) A maintenance and operation tax election may be held at |
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the same time and in conjunction with any other district election. |
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The election may be called by a separate election order or as part |
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of any other election order. |
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(d) The proposition in a maintenance and operation tax |
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election may be for a specific maximum rate. |
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Sec. 3851.154. BONDS AND OTHER OBLIGATIONS; MUNICIPAL |
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APPROVAL. (a) The district may issue by competitive bid or |
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negotiated sale bonds, notes, or other obligations payable wholly |
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or partly from ad valorem taxes or assessments in the manner |
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provided by Subchapter A, Chapter 372, or Subchapter J, Chapter |
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375, Local Government Code. |
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(b) In exercising the district's borrowing power, the |
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district may issue a bond or other obligation in the form of a bond, |
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note, certificate of participation or other instrument evidencing a |
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proportionate interest in payments to be made by the district, or |
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other type of obligation. |
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(c) In addition to the sources of money described by |
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Subchapter A, Chapter 372, and Subchapter J, Chapter 375, Local |
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Government Code, district bonds may be secured and made payable, |
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wholly or partly, by a pledge of any part of the net proceeds the |
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district receives from any other district revenue. |
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(d) District bonds payable by ad valorem taxes may not be |
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issued unless the bonds and the taxes are approved by: |
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(1) the governing body of the city; and |
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(2) a majority of the district voters voting in an |
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election called for that purpose. |
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(e) The city is not obligated to pay, repay, or guarantee |
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any bonds, notes, or other obligations of the district unless the |
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city dissolves the district under Subchapter E. |
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Sec. 3851.155. BOND MATURITY. Bonds may mature not more |
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than 40 years from their date of issue. |
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Sec. 3851.156. TAXES FOR BONDS AND OTHER OBLIGATIONS. (a) |
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At the time bonds or other obligations payable wholly or partly from |
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ad valorem taxes are issued: |
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(1) the board shall impose a continuing direct annual |
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ad valorem tax for each year that all or part of the bonds are |
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outstanding; and |
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(2) the district annually shall impose an ad valorem |
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tax on all taxable property in the district in an amount sufficient |
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to: |
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(A) pay the interest on the bonds or other |
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obligations as the interest becomes due; |
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(B) create a sinking fund for the payment of the |
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principal of the bonds or other obligations when due or the |
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redemption price at any earlier required redemption date; and |
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(C) pay the expenses of imposing the taxes. |
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(b) Bonds or other obligations that are secured by and |
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payable from ad valorem taxes may not be issued unless the bonds and |
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the imposition of the taxes are approved by a majority of the voters |
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in the district voting at an election held for that purpose. |
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(c) The district shall hold an election required by this |
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section in the manner provided by Subchapter L, Chapter 375, Local |
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Government Code. |
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[Sections 3851.157-3851.200 reserved for expansion] |
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SUBCHAPTER E. DISSOLUTION |
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Sec. 3851.201. DISSOLUTION. (a) The city by ordinance |
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adopted by a two-thirds majority vote of its governing body may |
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dissolve the district. |
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(b) The city may not dissolve the district until the |
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district's outstanding indebtedness or contractual obligations |
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payable from ad valorem taxes have been repaid or discharged. |
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(c) After the city dissolves the district, the city assumes |
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the obligations of the district, including any bonds or other |
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indebtedness payable from assessments or other district revenue. |
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(d) If the city dissolves the district, the board shall |
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transfer ownership of all district property to the city. |
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SECTION 2. BOUNDARIES. As of the effective date of this |
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Act, the Triple Creek Management District includes all territory |
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contained in the following three described tracts of land located |
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in the corporate limits of the city of McLendon-Chisholm, partially |
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in Kaufman County, and partially in Rockwall County, and described |
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by metes and bounds as follows: |
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TRACT ONE: 352.817 Acres Located in Rockwall County and Kaufman |
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County, Texas: |
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BEING all that certain lot, tract or parcel of land situated in the |
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King Latham Survey, Abstract Number 133, located in Rockwall |
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County, Texas and King Latham Survey, Abstract Number 622, located |
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in Kaufman County, Texas, and being a portion of a called 203.728 |
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acre tract of land described in deed to WED Limited Partnership, as |
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recorded in Volume 2053, Page 273 of the Deed Records of Rockwall |
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County, Texas, and also being a portion of Tract No. 1, a called |
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850.14 acre tract of land described in deed to The |
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McLendon-Chisholm Ranch, L.P., as recorded in Volume 4492, Page 101 |
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of the Deed Records of Rockwall County, Texas and being more |
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particularly described by metes and bounds as follows: |
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BEGINNING at a 1/2 inch iron rod with a cap stamped "Arthur |
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Surveying Company" set in the west right of way line of State |
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Highway No. 205 (a variable width right of way); |
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THENCE South 44 degrees 36 minutes 15 seconds East, along said west |
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right of way line, a distance of 2208.26 feet to a 1/2 inch iron rod |
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with cap stamped "Weir & Associates" found for the most northerly |
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corner of Lot 27, Block A, Chisholm Ranch Estates Addition, an |
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addition to Rockwall County, according to the plat recorded in |
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Cabinet F, Page 247, of the Plat Records of Rockwall County, Texas; |
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THENCE South 45 degrees 14 minutes 10 seconds West, along the |
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northwest line of Block A, of said Chisholm Ranch Estates Addition, |
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a distance of 3117.04 feet to a 1/2 inch iron rod found for corner; |
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THENCE South 44 degrees 27 minutes 13 seconds East, along the |
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southwest line of Block A, of said Chisholm Ranch Estates Addition, |
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a distance of 923.44 feet to a 1/2 inch iron rod with a cap stamped |
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"Arthur Surveying Company" set, from which a 1/2 inch iron rod found |
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in the northwest right of way line of Farm to Market Road No. 548 |
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bears South 44 degrees 27 minutes 13 seconds East, a distance of |
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2260.45 feet; |
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THENCE South 44 degrees 18 minutes 39 seconds West, along the |
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northwest line of a tract of land described in deed to Dorothy Lynn |
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Sulling, Martha Nell McAllister, Mary Elizabeth Awanessian & |
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William Dewey Samuels, Jr., as recorded in Volume 579, Page 86 of |
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the Deed Records of Rockwall County, Texas, a distance of 1159.29 |
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feet to a 1/2 inch iron rod found for corner; |
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THENCE South 45 degrees 50 minutes 06 seconds West, continuing |
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along said northwest line, a distance of 1874.24 feet to a 1/2 inch |
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iron rod found in the northeast line of said WED Limited Partnership |
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Tract; |
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THENCE South 44 degrees 02 minutes 51 seconds East, along the |
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southwest line of said Dorothy Lynn Sulling, Martha Nell |
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McAllister, Mary Elizabeth Awanessian & William Dewey Samuels, Jr. |
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Tract, a distance of 2229.61 feet to a 1/2 inch iron rod found in the |
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northwest right of way line of said Farm to Market Road No. 548, for |
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the beginning of a non-tangent curve to the right having a radius of |
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1395.90 feet, a central angle of 19 degrees 43 minutes 37 seconds, a |
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chord bearing of South 65 degrees 19 minutes 10 seconds West, and a |
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chord distance of 478.24 feet; |
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THENCE along said northwest right of way line, the following |
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courses and distances: |
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Southwesterly along said curve for an arc length of 480.61 feet to a |
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concrete monument found for corner; |
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South 75 degrees 19 minutes 35 seconds West, a distance of 511.95 |
|
feet to a concrete monument found for corner by a wooden right of |
|
way marker, for the beginning of a tangent curve to the left having |
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a radius of 1481.35 feet, a central angle of 30 degrees 01 minutes |
|
03 seconds, a chord bearing of South 60 degrees 20 minutes 50 |
|
seconds West, and a chord distance of 767.24 feet; |
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Southwesterly along said curve for an arc length of 776.09 feet to a |
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concrete monument found for corner by a wooden right of way marker; |
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South 45 degrees 23 minutes 00 seconds West, a distance of 190.29 |
|
feet to a 1/2 inch iron rod found for the most southerly corner of |
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said WED Limited Partnership Tract; |
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THENCE North 44 degrees 39 minutes 33 seconds West, along the |
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southwest line of said WED Limited Partnership Tract, a distance of |
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2082.11 feet to a 1/2 inch iron rod with a cap stamped "Arthur |
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Surveying Company" set for corner; |
|
THENCE over and across said WED Limited Partnership Tract and said |
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Tract No. 1, the following courses and distances: |
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North 45 degrees 20 minutes 27 seconds East, a distance of 400.00 |
|
feet to a 1/2 inch iron rod with a cap stamped "Arthur Surveying |
|
Company" set for the beginning of a tangent curve to the left having |
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a radius of 600.00 feet, a central angle of 18 degrees 00 minutes 00 |
|
seconds, a chord bearing of North 36 degrees 20 minutes 44 seconds |
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East, and a chord distance of 187.72 feet; |
|
Northeasterly along said curve for an arc length of 188.50 feet to a |
|
1/2 inch iron rod with a cap stamped "Arthur Surveying Company" set |
|
for the beginning of a reverse curve to the right having a radius of |
|
600.00 feet, a central angle of 10 degrees 00 minutes 00 seconds, a |
|
chord bearing of North 32 degrees 20 minutes 44 seconds East, and a |
|
chord distance of 104.59 feet; |
|
Northeasterly along said curve for an arc length of 104.72 feet to a |
|
1/2 inch iron rod with a cap stamped "Arthur Surveying Company" set |
|
for corner; |
|
North 37 degrees 20 minutes 44 seconds East, a distance of 250.00 |
|
feet to a 1/2 inch iron rod with a cap stamped "Arthur Surveying |
|
Company" set for the beginning of a tangent curve to the left having |
|
a radius of 600.00 feet, a central angle of 15 degrees 00 minutes 00 |
|
seconds, a chord bearing of North 29 degrees 50 minutes 44 seconds |
|
East, and a chord distance of 156.63 feet; |
|
Northeasterly along said curve for an arc length of 157.08 feet to a |
|
1/2 inch iron rod with a cap stamped "Arthur Surveying Company" set |
|
for corner; |
|
North 22 degrees 20 minutes 44 seconds East, a distance of 350.00 |
|
feet to a 1/2 inch iron rod with a cap stamped "Arthur Surveying |
|
Company" set for the beginning of a tangent curve to the right |
|
having a radius of 600.00 feet, a central angle of 25 degrees 23 |
|
minutes 21 seconds, a chord bearing of North 35 degrees 02 minutes |
|
24 seconds East, and a chord distance of 263.70 feet; |
|
Northeasterly along said curve for an arc length of 265.87 feet to a |
|
1/2 inch iron rod with a cap stamped "Arthur Surveying Company" set |
|
for the beginning of a reverse curve to the left having a radius of |
|
500.00 feet, a central angle of 55 degrees 58 minutes 53 seconds, a |
|
chord bearing of North 19 degrees 44 minutes 38 seconds East, and a |
|
chord distance of 469.33 feet; |
|
Northeasterly along said curve for an arc length of 488.53 feet to a |
|
1/2 inch iron rod with a cap stamped "Arthur Surveying Company" set |
|
for corner; |
|
North 08 degrees 14 minutes 48 seconds West, a distance of 47.60 |
|
feet to a 1/2 inch iron rod with a cap stamped "Arthur Surveying |
|
Company" set for the beginning of a tangent curve to the right |
|
having a radius of 800.00 feet, a central angle of 56 degrees 31 |
|
minutes 24 seconds, a chord bearing of North 20 degrees 00 minutes |
|
54 seconds East, and a chord distance of 757.60 feet; |
|
Northeasterly along said curve for an arc length of 789.21 feet to a |
|
1/2 inch iron rod with a cap stamped "Arthur Surveying Company" set |
|
for corner; |
|
North 48 degrees 16 minutes 36 seconds East, a distance of 100.00 |
|
feet to a 1/2 inch iron rod with a cap stamped "Arthur Surveying |
|
Company" set for the beginning of a tangent curve to the left having |
|
a radius of 400.00 feet, a central angle of 33 degrees 15 minutes 03 |
|
seconds, a chord bearing of North 31 degrees 39 minutes 05 seconds |
|
East, and a chord distance of 228.89 feet; |
|
Northeasterly along said curve for an arc length of 232.13 feet to a |
|
1/2 inch iron rod with a cap stamped "Arthur Surveying Company" set |
|
for corner; |
|
North 16 degrees 51 minutes 30 seconds East, a distance of 205.87 |
|
feet to a 1/2 inch iron rod with a cap stamped "Arthur Surveying |
|
Company" set for the beginning of a tangent curve to the right |
|
having a radius of 900.00 feet, a central angle of 27 degrees 31 |
|
minutes 30 seconds, a chord bearing of North 30 degrees 37 minutes |
|
15 seconds East, and a chord distance of 428.22 feet; |
|
Northeasterly along said curve for an arc length of 432.36 feet to a |
|
1/2 inch iron rod with a cap stamped "Arthur Surveying Company" set |
|
for corner; |
|
North 44 degrees 23 minutes 00 seconds East, a distance of 100.00 |
|
feet to a 1/2 inch iron rod with a cap stamped "Arthur Surveying |
|
Company" set for the beginning of a tangent curve to the left having |
|
a radius of 300.00 feet, a central angle of 08 degrees 50 minutes 10 |
|
seconds, a chord bearing of North 39 degrees 57 minutes 55 seconds |
|
East, and a chord distance of 46.22 feet; |
|
Northeasterly along said curve for an arc length of 46.27 feet to a |
|
1/2 inch iron rod with a cap stamped "Arthur Surveying Company" set |
|
for corner; |
|
North 35 degrees 32 minutes 50 seconds East, a distance of 100.00 |
|
feet to a 1/2 inch iron rod with a cap stamped "Arthur Surveying |
|
Company" set for the beginning of a tangent curve to the right |
|
having a radius of 800.00 feet, a central angle of 12 degrees 12 |
|
minutes 45 seconds, a chord bearing of North 41 degrees 39 minutes |
|
12 seconds East, and a chord distance of 170.20 feet; |
|
Northeasterly along said curve for an arc length of 170.52 feet to a |
|
1/2 inch iron rod with a cap stamped "Arthur Surveying Company" set |
|
for corner; |
|
North 47 degrees 45 minutes 35 seconds East, a distance of 120.00 |
|
feet to a 1/2 inch iron rod with a cap stamped "Arthur Surveying |
|
Company" set for the beginning of a tangent curve to the left having |
|
a radius of 400.00 feet, a central angle of 82 degrees 26 minutes 29 |
|
seconds, a chord bearing of North 06 degrees 32 minutes 21 seconds |
|
East, and a chord distance of 527.17 feet; |
|
Northeasterly along said curve for an arc length of 575.55 feet to a |
|
1/2 inch iron rod with a cap stamped "Arthur Surveying Company" set |
|
for corner; |
|
North 34 degrees 40 minutes 54 seconds West, a distance of 22.07 |
|
feet to a 1/2 inch iron rod with a cap stamped "Arthur Surveying |
|
Company" set for corner; |
|
South 66 degrees 13 minutes 45 seconds East, a distance of 580.20 |
|
feet to a 1/2 inch iron rod with a cap stamped "Arthur Surveying |
|
Company" set for corner; |
|
North 23 degrees 56 minutes 15 seconds East, a distance of 330.00 |
|
feet to a 1/2 inch iron rod with a cap stamped "Arthur Surveying |
|
Company" set for corner; |
|
North 66 degrees 13 minutes 45 seconds West, a distance of 1030.80 |
|
feet to a 1/2 inch iron rod with a cap stamped "Arthur Surveying |
|
Company" set for the beginning of a non-tangent curve to the right |
|
having a radius of 800.00 feet, a central angle of 64 degrees 07 |
|
minutes 58 seconds, a chord bearing of North 16 degrees 54 minutes |
|
14 seconds East, and a chord distance of 849.44 feet; |
|
Northeasterly along said curve for an arc length of 895.46 feet to a |
|
1/2 inch iron rod with a cap stamped "Arthur Surveying Company" set |
|
for corner; |
|
North 48 degrees 58 minutes 13 seconds East, a distance of 114.18 |
|
feet to a 1/2 inch iron rod with a cap stamped "Arthur Surveying |
|
Company" set for corner; |
|
South 74 degrees 46 minutes 50 seconds East, a distance of 655.54 |
|
feet to a 1/2 inch iron rod with a cap stamped "Arthur Surveying |
|
Company" set for corner; |
|
North 15 degrees 13 minutes 10 seconds East, a distance of 295.16 |
|
feet to a 1/2 inch iron rod with a cap stamped "Arthur Surveying |
|
Company" set for corner; |
|
North 74 degrees 46 minutes 50 seconds West, a distance of 567.55 |
|
feet to a 1/2 inch iron rod with a cap stamped "Arthur Surveying |
|
Company" set for corner; |
|
North 21 degrees 58 minutes 38 seconds East, a distance of 374.09 |
|
feet to a 1/2 inch iron rod with a cap stamped "Arthur Surveying |
|
Company" set for the beginning of a tangent curve to the right |
|
having a radius of 1500.00 feet, a central angle of 14 degrees 24 |
|
minutes 59 seconds, a chord bearing of North 29 degrees 11 minutes |
|
07 seconds East, and a chord distance of 376.42 feet; |
|
Northeast along said curve for an arc length of 377.42 feet to a 1/2 |
|
inch iron rod with a cap stamped "Arthur Surveying Company" set for |
|
corner; |
|
North 36 degrees 23 minutes 36 seconds East, a distance of 334.54 |
|
feet to a 1/2 inch iron rod with a cap stamped "Arthur Surveying |
|
Company" set for the beginning of a tangent curve to the right |
|
having a radius of 800.00 feet, a central angle of 28 degrees 16 |
|
minutes 07 seconds, a chord bearing of North 50 degrees 31 minutes |
|
40 seconds East, and a chord distance of 390.71 feet; |
|
Northeasterly along said curve for an arc length of 394.70 feet to a |
|
1/2 inch iron rod with a cap stamped "Arthur Surveying Company" set |
|
for corner; |
|
North 64 degrees 39 minutes 43 seconds East, a distance of 302.18 |
|
feet to a 1/2 inch iron rod with a cap stamped "Arthur Surveying |
|
Company" set for the beginning of a tangent curve to the left having |
|
a radius of 400.00 feet, a central angle of 19 degrees 15 minutes 58 |
|
seconds, a chord bearing of North 55 degrees 01 minutes 44 seconds |
|
East, and a chord distance of 133.87 feet; |
|
Northeasterly along said curve for an arc length of 134.50 feet to a |
|
1/2 inch iron rod with a cap stamped "Arthur Surveying Company" set |
|
for corner; |
|
North 45 degrees 23 minutes 45 seconds East, a distance of 190.11 |
|
feet to the POINT OF BEGINNING and containing 352.817 acres of land, |
|
more or less, and being subject to any and all easements that may |
|
affect. |
|
TRACT TWO: 424.915 Acres Located in Rockwall County, Texas: |
|
BEING all that certain lot, tract or parcel of land situated in the |
|
King Latham Survey, Abstract Number 133, located in Rockwall |
|
County, Texas, and being all of a called 159.4006 acre tract of land |
|
described in deed to Tyrone E. Davenport, as recorded in Volume |
|
1374, Page 302 of the Deed Records of Rockwall County, Texas, a |
|
portion of a called 10.03 acre tract of land described in deed to |
|
Tyrone Davenport, as recorded in Volume 3742, Page 268 of the Deed |
|
Records of Rockwall County, Texas, and being all of a 89.00 acre |
|
tract of land described in deed to T. A. Lewis, as recorded in |
|
Volume 30, Page 306, Deed Records of Rockwall County, Texas, and |
|
also being all of the First and Second Tracts, as described in deed |
|
to D. E. Lewis, Thomas Eugene Lewis, Dorothy Dee Lewis, and David |
|
Arden Lewis, as recorded in Volume 63, Page 436, Deed Records of |
|
Rockwall County, Texas, and being more particularly described by |
|
metes and bounds as follows: |
|
BEGINNING at a 1/2 inch iron rod found in the southeast right of way |
|
line of Farm to Market Road No. 550 (a variable width right of way) |
|
same being the most westerly corner of a called 18.274 acre tract of |
|
land described in deed to Garin Reetz and Linda Reetz, as recorded |
|
in Volume 2231, Page 142 of the Deed Records of Rockwall County, |
|
Texas, from which a 1/2 inch iron rod found for the most northerly |
|
corner of said Reetz Tract bears North 45 degrees 34 minutes 28 |
|
seconds East, a distance of 873.50 feet; |
|
THENCE South 44 degrees 30 minutes 02 seconds East, along the |
|
southwest line of said Reetz Tract, a distance of 916.53 feet to a |
|
1/2 inch iron rod found for corner; |
|
THENCE North 44 degrees 36 minutes 22 seconds East, along the |
|
southeast line of said Reetz Tract, a distance of 876.61 feet to a |
|
3/8 inch iron rod found in the southwest line of Tract IV, a called |
|
215.607 acre tract of land described in deed to Mariah Bay |
|
Development, Inc., as recorded in Volume 2245, Page 278 of the Deed |
|
Records of Rockwall County, Texas; |
|
THENCE along the south lines of said Mariah Bay Development Tract, |
|
the following courses and distances: |
|
South 44 degrees 41 minutes 25 seconds East, a distance of 1673.16 |
|
feet to a 1/2 inch iron rod with a cap stamped "Arthur Surveying |
|
Company" set for corner; |
|
North 45 degrees 40 minutes 12 seconds East, a distance of 1558.33 |
|
feet to a 1/2 inch iron rod with a cap stamped "Arthur Surveying |
|
Company" set for corner; |
|
South 45 degrees 01 minutes 57 seconds East, a distance of 375.00 |
|
feet to a 1/2 inch iron rod with a cap stamped "Arthur Surveying |
|
Company" set for corner; |
|
North 44 degrees 58 minutes 03 seconds East, a distance of 413.26 |
|
feet to a 1/2 inch iron rod with a cap stamped "Arthur Surveying |
|
Company" set for the most westerly corner of a called 79.335 acre |
|
tract of land described in deed to Albert Meyers, as recorded in |
|
Volume 153, Page 699 of the Deed Records of Rockwall County, Texas; |
|
THENCE South 43 degrees 51 minutes 51 seconds East, along the |
|
southwest line of said Meyers Tract, a distance of 1434.52 feet to a |
|
1/2 inch iron rod with a cap stamped "Arthur Surveying Company" set |
|
for the northerly corner of a Second Tract, a called 53.446 acre |
|
tract of land described in deed to Jerry L. Klutts and wife Rita C. |
|
Klutts, as recorded in Volume 1119, Page 22 of the Deed Records of |
|
Rockwall County, Texas; |
|
THENCE South 44 degrees 59 minutes 05 seconds West, along the |
|
northwest line of said Second Tract and a called 199.719 acre tract |
|
of land described in deed to Beverly Farrar, as recorded in Volume |
|
1150, Page 112 of the Deed Records of Rockwall County, Texas, a |
|
distance of 4480.56 feet to a 1/2 inch iron rod found for the most |
|
easterly corner of a called 98.730 acre tract of land described in |
|
deed to G. H. Development, Inc., as recorded in Volume 4061, Page |
|
257 of the Deed Records of Rockwall County, Texas; |
|
THENCE North 43 degrees 20 minutes 06 seconds West, along the |
|
northeast line of said G. H. Development Tract, a distance of |
|
1451.15 feet to a Fence Post found in the southeast line of said |
|
Davenport Tract, from which a 1/2 inch iron rod found for the east |
|
corner of said 159.4006 acre tract bears North 45 degrees 37 minutes |
|
38 seconds East, a distance of 761.57 feet; |
|
THENCE South 45 degrees 37 minutes 38 seconds West, along the |
|
northwest line of said G. H. Development Tract, a distance of |
|
1482.10 feet to a 3/8 inch iron rod found for the most easterly |
|
corner of said 10.03 acre tract; |
|
THENCE South 46 degrees 00 minutes 41 seconds West, continuing |
|
along the northwest line of said G. H. Development Tract, same being |
|
the southeast line of said 10.03 acre tract, a distance of 510.00 |
|
feet to a 1/2 inch iron rod with a cap stamped "Arthur Surveying |
|
Company" set for corner; |
|
THENCE North 46 degrees 13 minutes 43 seconds West, over and across |
|
said Davenport Tract, a distance of 299.71 feet to a 1/2 inch iron |
|
rod with a cap stamped "Arthur Surveying Company" set in the |
|
northwest line of said 10.03 acre tract, same being in the southeast |
|
line of a called 10.00 acre tract of land described in deed to |
|
Robert G. Vernon, as recorded in Volume 1547, Page 91 of the Deed |
|
Records of Rockwall County, Texas; |
|
THENCE North 46 degrees 01 minutes 08 seconds East, along said |
|
southeast line, a distance of 520.00 feet to a 3/4 inch iron pipe |
|
found for the most easterly corner of said Vernon Tract; |
|
THENCE North 44 degrees 19 minutes 00 seconds West, along a |
|
southwest line of said 159.4006 acre tract, a distance of 1195.42 |
|
feet to a 3/4 inch iron pipe found for corner; |
|
THENCE South 45 degrees 30 minutes 07 seconds West, continuing |
|
along said 159.4006 acre tract, a distance of 213.27 feet to a 1/2 |
|
inch iron rod with a cap stamped "Arthur Surveying Company" set for |
|
the most easterly corner of a called 50 acre tract of land described |
|
in deed to Mary E. Young, as recorded in Volume 547, Page 322 of the |
|
Deed Records of Rockwall County, Texas; |
|
THENCE North 44 degrees 23 minutes 02 seconds West, along the |
|
northeast line of said Young Tract, a distance of 1478.44 feet to a |
|
1/2 inch iron rod found in the southeast right of way line of said |
|
Farm to Market Road No. 550; |
|
THENCE North 45 degrees 24 minutes 42 seconds East, along said |
|
southeast right of way line, a distance of 2421.45 feet to a 1/2 |
|
inch iron rod found for the most northerly corner of said 159.4006 |
|
acre tract; |
|
THENCE North 45 degrees 48 minutes 18 seconds East, continuing |
|
along said southeast right of way line, a distance of 875.84 feet to |
|
the POINT OF BEGINNING and containing 424.915 acres of land, more or |
|
less, and being subject to any and all easements that may affect. |
|
TRACT THREE: 802.220 Acres Located in Rockwall County and Kaufman |
|
County, Texas: |
|
BEING all that certain lot, tract or parcel of land situated in the |
|
King Latham Survey, Abstract Number 133, located in Rockwall |
|
County, Texas and the King Latham Survey, Abstract Number 622, |
|
located in Kaufman County, Texas, and being a portion of a called |
|
203.728 acre tract of land described in deed to WED Limited |
|
Partnership, as recorded in Volume 2053, Page 273 of the Deed |
|
Records of Rockwall County, Texas, and also being a portion of Tract |
|
No. 1, a called 850.14 acre tract of land and a all of Tract No. 2, a |
|
called 150 acre tract of land described in deed to The |
|
McLendon-Chisholm Ranch, L.P., as recorded in Volume 4492, Page 101 |
|
of the Deed Records of Rockwall County, Texas and being more |
|
particularly described by metes and bounds as follows: |
|
BEGINNING at a 1/2 inch iron rod with a cap stamped "Arthur |
|
Surveying Company" set in the west right of way line of State |
|
Highway No. 205 (a variable width right of way) from which a 1/2 |
|
inch iron rod with cap stamped "Weir & Associates" found for the |
|
most northerly corner of Lot 27, Block A, Chisholm Ranch Estates |
|
Addition, an addition to Rockwall County, according to the plat |
|
recorded in Cabinet F, Page 247, of the Plat Records of Rockwall |
|
County, Texas, bears South 44 degrees 36 minutes 15 seconds East, a |
|
distance of 2208.26 feet; |
|
THENCE over and across said Tract No. 1 and said WED Limited |
|
Partnership Tract, the following courses and distances: |
|
South 45 degrees 23 minutes 45 seconds West, a distance of 190.11 |
|
feet to a 1/2 inch iron rod with a cap stamped "Arthur Surveying |
|
Company" set for the beginning of a tangent curve to the right |
|
having a radius of 400.00 feet, a central angle of 19 degrees 15 |
|
minutes 58 seconds, a chord bearing of South 55 degrees 01 minutes |
|
44 seconds West, and a chord distance of 133.87 feet; |
|
Southwesterly along said curve for an arc length of 134.50 feet to a |
|
1/2 inch iron rod with a cap stamped "Arthur Surveying Company" set |
|
for corner; |
|
South 64 degrees 39 minutes 43 seconds West, a distance of 302.18 |
|
feet to a 1/2 inch iron rod with a cap stamped "Arthur Surveying |
|
Company" set for the beginning of a tangent curve to the left having |
|
a radius of 800.00 feet, a central angle of 28 degrees 16 minutes 07 |
|
seconds, a chord bearing of South 50 degrees 31 minutes 40 seconds |
|
West, and a chord distance of 390.71 feet; |
|
Southwesterly along said curve for an arc length of 394.70 feet to a |
|
1/2 inch iron rod with a cap stamped "Arthur Surveying Company" set |
|
for corner; |
|
South 36 degrees 23 minutes 36 seconds West, a distance of 334.54 |
|
feet to a 1/2 inch iron rod with a cap stamped "Arthur Surveying |
|
Company" set for the beginning of a tangent curve to the left having |
|
a radius of 1500.00 feet, a central angle of 14 degrees 24 minutes |
|
59 seconds, a chord bearing of South 29 degrees 11 minutes 07 |
|
seconds West, and a chord distance of 376.42 feet; |
|
Southwesterly along said curve for an arc length of 377.42 feet to a |
|
1/2 inch iron rod with a cap stamped "Arthur Surveying Company" set |
|
for corner; |
|
South 21 degrees 58 minutes 38 seconds West, a distance of 374.09 |
|
feet to a 1/2 inch iron rod with a cap stamped "Arthur Surveying |
|
Company" set for corner; |
|
South 74 degrees 46 minutes 50 seconds East, a distance of 567.55 |
|
feet to a 1/2 inch iron rod with a cap stamped "Arthur Surveying |
|
Company" set for corner; |
|
South 15 degrees 13 minutes 10 seconds West, a distance of 295.16 |
|
feet to a 1/2 inch iron rod with a cap stamped "Arthur Surveying |
|
Company" set for corner; |
|
North 74 degrees 46 minutes 50 seconds West, a distance of 655.54 |
|
feet to a 1/2 inch iron rod with a cap stamped "Arthur Surveying |
|
Company" set for corner; |
|
South 48 degrees 58 minutes 13 seconds West, a distance of 114.18 |
|
feet to a 1/2 inch iron rod with a cap stamped "Arthur Surveying |
|
Company" set for the beginning of a tangent curve to the left having |
|
a radius of 800.00 feet, a central angle of 64 degrees 07 minutes 58 |
|
seconds, a chord bearing of South 16 degrees 54 minutes 14 seconds |
|
West, and a chord distance of 849.44 feet; |
|
Southwesterly along said curve for an arc length of 895.46 feet to a |
|
1/2 inch iron rod with a cap stamped "Arthur Surveying Company" set |
|
for corner; |
|
South 66 degrees 13 minutes 45 seconds East, a distance of 1030.80 |
|
feet to a 1/2 inch iron rod with a cap stamped "Arthur Surveying |
|
Company" set for corner; |
|
South 23 degrees 56 minutes 15 seconds West, a distance of 330.00 |
|
feet to a 1/2 inch iron rod with a cap stamped "Arthur Surveying |
|
Company" set for corner; |
|
North 66 degrees 13 minutes 45 seconds West, a distance of 580.20 |
|
feet to a 1/2 inch iron rod with a cap stamped "Arthur Surveying |
|
Company" set for corner; |
|
South 34 degrees 40 minutes 54 seconds East, a distance of 22.07 |
|
feet to a 1/2 inch iron rod with a cap stamped "Arthur Surveying |
|
Company" set for the beginning of a tangent curve to the right |
|
having a radius of 400.00 feet, a central angle of 82 degrees 26 |
|
minutes 29 seconds, a chord bearing of South 06 degrees 32 minutes |
|
21 seconds West, and a chord distance of 527.17 feet; |
|
Southwesterly along said curve for an arc length of 575.55 feet to a |
|
1/2 inch iron rod with a cap stamped "Arthur Surveying Company" set |
|
for corner; |
|
South 47 degrees 45 minutes 35 seconds West, a distance of 120.00 |
|
feet to a 1/2 inch iron rod with a cap stamped "Arthur Surveying |
|
Company" set for the beginning of a tangent curve to the left having |
|
a radius of 800.00 feet, a central angle of 12 degrees 12 minutes 45 |
|
seconds, a chord bearing of South 41 degrees 39 minutes 12 seconds |
|
West, and a chord distance of 170.20 feet; |
|
Southwesterly along said curve for an arc length of 170.52 feet to a |
|
1/2 inch iron rod with a cap stamped "Arthur Surveying Company" set |
|
for corner; |
|
South 35 degrees 32 minutes 50 seconds West, a distance of 100.00 |
|
feet to a 1/2 inch iron rod with a cap stamped "Arthur Surveying |
|
Company" set for the beginning of a tangent curve to the right |
|
having a radius of 300.00 feet, a central angle of 08 degrees 50 |
|
minutes 10 seconds, a chord bearing of South 39 degrees 57 minutes |
|
55 seconds West, and a chord distance of 46.22 feet; |
|
Southwesterly along said curve for an arc length of 46.27 feet to a |
|
1/2 inch iron rod with a cap stamped "Arthur Surveying Company" set |
|
for corner; |
|
South 44 degrees 23 minutes 00 seconds West, a distance of 100.00 |
|
feet to a 1/2 inch iron rod with a cap stamped "Arthur Surveying |
|
Company" set for the beginning of a tangent curve to the left having |
|
a radius of 900.00 feet, a central angle of 27 degrees 31 minutes 30 |
|
seconds, a chord bearing of South 30 degrees 37 minutes 15 seconds |
|
West, and a chord distance of 428.22 feet; |
|
Southwesterly along said curve for an arc length of 432.36 feet to a |
|
1/2 inch iron rod with a cap stamped "Arthur Surveying Company" set |
|
for corner; |
|
South 16 degrees 51 minutes 30 seconds West, a distance of 205.87 |
|
feet to a 1/2 inch iron rod with a cap stamped "Arthur Surveying |
|
Company" set for the beginning of a non-tangent curve to the right |
|
having a radius of 400.00 feet, a central angle of 33 degrees 15 |
|
minutes 03 seconds, a chord bearing of South 31 degrees 39 minutes |
|
05 seconds West, and a chord distance of 228.89 feet; |
|
Southwesterly along said curve for an arc length of 232.13 feet to a |
|
1/2 inch iron rod with a cap stamped "Arthur Surveying Company" set |
|
for corner; |
|
South 48 degrees 16 minutes 36 seconds West, a distance of 100.00 |
|
feet to a 1/2 inch iron rod with a cap stamped "Arthur Surveying |
|
Company" set for the beginning of a tangent curve to the left having |
|
a radius of 800.00 feet, a central angle of 56 degrees 31 minutes 24 |
|
seconds, a chord bearing of South 20 degrees 00 minutes 54 seconds |
|
West, and a chord distance of 757.60 feet; |
|
Southwesterly along said curve for an arc length of 789.21 feet to a |
|
1/2 inch iron rod with a cap stamped "Arthur Surveying Company" set |
|
for corner; |
|
South 08 degrees 14 minutes 48 seconds East, a distance of 47.60 |
|
feet to a 1/2 inch iron rod with a cap stamped "Arthur Surveying |
|
Company" set for the beginning of a tangent curve to the right |
|
having a radius of 500.00 feet, a central angle of 55 degrees 58 |
|
minutes 53 seconds, a chord bearing of South 19 degrees 44 minutes |
|
38 seconds West, and a chord distance of 469.33 feet; |
|
Southwesterly along said curve for an arc length of 488.53 feet to a |
|
1/2 inch iron rod with a cap stamped "Arthur Surveying Company" set |
|
for the beginning of a reverse curve to the left having a radius of |
|
600.00 feet, a central angle of 25 degrees 23 minutes 21 seconds, a |
|
chord bearing of South 35 degrees 02 minutes 24 seconds West, and a |
|
chord distance of 263.70 feet; |
|
Southwesterly along said curve for an arc length of 265.87 feet to a |
|
1/2 inch iron rod with a cap stamped "Arthur Surveying Company" set |
|
for corner; |
|
South 22 degrees 20 minutes 44 seconds West, a distance of 350.00 |
|
feet to a 1/2 inch iron rod with a cap stamped "Arthur Surveying |
|
Company" set for the beginning of a tangent curve to the right |
|
having a radius of 600.00 feet, a central angle of 15 degrees 00 |
|
minutes 00 seconds, a chord bearing of South 29 degrees 50 minutes |
|
44 seconds West, and a chord distance of 156.63 feet; |
|
Southwesterly along said curve for an arc length of 157.08 feet to a |
|
1/2 inch iron rod with a cap stamped "Arthur Surveying Company" set |
|
for corner; |
|
South 37 degrees 20 minutes 44 seconds West, a distance of 250.00 |
|
feet to a 1/2 inch iron rod with a cap stamped "Arthur Surveying |
|
Company" set for the beginning of a tangent curve to the left having |
|
a radius of 600.00 feet, a central angle of 10 degrees 00 minutes 00 |
|
seconds, a chord bearing of South 32 degrees 20 minutes 44 seconds |
|
West, and a chord distance of 104.59 feet; |
|
Southwesterly along said curve for an arc length of 104.72 feet to a |
|
1/2 inch iron rod with a cap stamped "Arthur Surveying Company" set |
|
for the beginning of a reverse curve to the right having a radius of |
|
600.00 feet, a central angle of 18 degrees 00 minutes 00 seconds, a |
|
chord bearing of South 36 degrees 20 minutes 44 seconds West, and a |
|
chord distance of 187.72 feet; |
|
Southwesterly along said curve for an arc length of 188.50 feet to a |
|
1/2 inch iron rod with a cap stamped "Arthur Surveying Company" set |
|
for corner; |
|
South 45 degrees 20 minutes 27 seconds West, a distance of 400.00 |
|
feet to a 1/2 inch iron rod with a cap stamped "Arthur Surveying |
|
Company" set in the southwest line of said WED Limited Partnership |
|
Tract, from which a 1/2 inch iron rod found for the most westerly |
|
corner of a called One Acre tract of land, bears South 44 degrees 39 |
|
minutes 33 seconds East, a distance of 1167.10 feet; |
|
THENCE North 44 degrees 39 minutes 33 seconds West, along said |
|
southwest line, a distance of 250.00 feet to a 1/2 inch iron rod |
|
with a cap stamped "Arthur Surveying Company" set for corner, same |
|
being the east corner of the remainder of a called 165.695 acre |
|
tract of land described in deed to Max B. Chapman and wife Beverly |
|
Ann Chapman, as recorded in Volume 643, Page 838 of the Deed Records |
|
of Rockwall County, Texas, |
|
THENCE North 44 degrees 39 minutes 16 seconds West, along the |
|
northeast line of said Chapman Tract, and a called 95.6 acre tract |
|
of land described in deed to Glenn R. Rash, as recorded in Volume |
|
421, Page 353 of the Deed Records of Kaufman County, Texas, a |
|
distance of 1647.27 feet to a 1/2 inch iron rod with a cap stamped |
|
"Arthur Surveying Company" set for the most southerly corner of the |
|
aforementioned Tract No. 2; |
|
THENCE North 44 degrees 39 minutes 20 seconds West, along the |
|
northeast line of said Rash Tract, and a called 207.46 acre tract of |
|
land described in deed to Janice Sue Mann, as recorded in Volume |
|
2991, Page 290 of the Deed Records of Rockwall County, Texas, a |
|
distance of 2740.97 feet to a 1/2 inch iron rod found for corner; |
|
THENCE South 45 degrees 20 minutes 40 seconds West, along the |
|
northwest line of said Mann Tract, a distance of 967.65 feet to a |
|
1/2 inch iron rod with a cap stamped "Arthur Surveying Company" set |
|
for corner in Smith Road; |
|
THENCE North 44 degrees 58 minutes 53 seconds West, along or near |
|
the centerline of said Smith Road, a distance of 1548.75 feet to a |
|
1/2 inch iron rod with a cap stamped "Arthur Surveying Company" set |
|
in or near the centerline of Klutts Road, same being the most |
|
southerly corner of a called 199.719 acre tract of land described in |
|
deed to Beverly Farrar, as recorded in Volume 1150, Page 112 of the |
|
Deed Records of Rockwall County, Texas; |
|
THENCE North 45 degrees 07 minutes 33 seconds East, along the |
|
southeast line of said Farrar Tract, same being in or near the |
|
centerline of said road, a distance of 2129.15 feet to a 1/2 inch |
|
iron rod with a cap stamped "Arthur Surveying Company" set for |
|
corner; |
|
THENCE North 44 degrees 57 minutes 36 seconds East, continuing |
|
along said southeast line, a distance of 2894.76 feet to a 1/2 inch |
|
iron rod found for the west corner of a called 25.337 acre tract of |
|
land described in deed to Jerry L. Klutts and Rita C. Klutts, as |
|
recorded in Volume 1119, Page 22 of the Deed Records of Rockwall |
|
County, Texas; |
|
THENCE South 45 degrees 35 minutes 10 seconds East, along the |
|
southwest line of said Klutts Tract, a distance of 932.43 feet to a |
|
1/2 inch iron rod with a cap stamped "Arthur Surveying Company" set |
|
for corner; |
|
THENCE North 45 degrees 00 minutes 08 seconds East, along the |
|
southeast line of said Klutts Tracts, and a called 12.000 acre tract |
|
of land described in deed to Veterans Land Board of the State of |
|
Texas, as recorded in Volume 181, Page 567 of the Deed Records of |
|
Rockwall County, Texas, a distance of 2400.54 feet to a 1/2 inch |
|
iron rod with a cap stamped "Arthur Surveying Company" set for the |
|
most easterly corner of said Veterans Land Board of the State of |
|
Texas Tract; |
|
THENCE over and across said Tract No. 1, the following courses and |
|
distances: |
|
South 44 degrees 25 minutes 26 seconds East, a distance of 1103.00 |
|
feet to a 1/2 inch iron rod with a cap stamped "Arthur Surveying |
|
Company" set for corner; |
|
North 31 degrees 56 minutes 53 seconds East, a distance of 400.00 |
|
feet to a 1/2 inch iron rod with a cap stamped "Arthur Surveying |
|
Company" set for corner; |
|
North 34 degrees 36 minutes 26 seconds East, a distance of 400.00 |
|
feet to a 1/2 inch iron rod with a cap stamped "Arthur Surveying |
|
Company" set for corner; |
|
North 37 degrees 36 minutes 23 seconds East, a distance of 400.00 |
|
feet to a 1/2 inch iron rod with a cap stamped "Arthur Surveying |
|
Company" set for corner; |
|
North 37 degrees 04 minutes 25 seconds East, a distance of 284.94 |
|
feet to a 1/2 inch iron rod with a cap stamped "Arthur Surveying |
|
Company" set in the west right of way line of said State Highway No. |
|
205, from which a 1/2 inch iron rod found bears North 48 degrees 15 |
|
minutes 04 seconds West, a distance 109.00 feet; |
|
THENCE South 48 degrees 15 minutes 04 seconds East, along said west |
|
right of way line, a distance of 1071.21 feet to a 1/2 inch iron rod |
|
with a cap stamped "Arthur Surveying Company" set for the beginning |
|
of a non-tangent curve to the right having a radius of 10555.41 |
|
feet, a central angle of 03 degrees 38 minutes 18 seconds, a chord |
|
bearing of South 46 degrees 09 minutes 03 seconds East, and a chord |
|
distance of 670.16 feet; |
|
THENCE Southeasterly along said curve for an arc length of 670.27 |
|
feet to a 1/2 inch iron rod with a cap stamped "Arthur Surveying |
|
Company" set for corner; |
|
THENCE South 44 degrees 36 minutes 15 seconds East, continuing |
|
along said west right of way line, a distance of 44.68 feet to the |
|
POINT OF BEGINNING and containing 802.220 acres of land, more or |
|
less, and being subject to any and all easements that may affect. |
|
SECTION 3. LEGISLATIVE FINDINGS. The legislature finds |
|
that: |
|
(1) proper and 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 by |
|
the constitution and laws of this state, including the governor, |
|
who has submitted the notice and Act to the Texas Commission on |
|
Environmental Quality; |
|
(2) the Texas Commission on Environmental Quality has |
|
filed its recommendations relating to this Act with the governor, |
|
lieutenant governor, and speaker of the house of representatives |
|
within the required time; |
|
(3) the general law relating to consent by political |
|
subdivisions to the creation of districts with conservation, |
|
reclamation, and road powers and the inclusion of land in those |
|
districts has been complied with; and |
|
(4) 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 have |
|
been fulfilled and accomplished. |
|
SECTION 4. EFFECTIVE DATE. 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. |