80R12089 HLT-F
 
  By: Phillips H.B. No. 4099
 
 
 
   
 
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Preston Summit Municipal Utility
District No. 1 of Grayson 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 8254 to read as follows:
CHAPTER 8254. PRESTON SUMMIT MUNICIPAL UTILITY DISTRICT NO. 1 OF
GRAYSON COUNTY
SUBCHAPTER A.  GENERAL PROVISIONS
       Sec. 8254.001.  DEFINITIONS. In this chapter:
             (1)  "Board" means the district's board of directors.
             (2)  "Director" means a board member.
             (3)  "District" means the Preston Summit Municipal
Utility District No. 1 of Grayson County.
       Sec. 8254.002.  NATURE OF DISTRICT. The district is a
municipal utility district in Grayson County created under and
essential to accomplish the purposes of Section 52, Article III,
and Section 59, Article XVI, Texas Constitution.
       Sec. 8254.003.  CONFIRMATION ELECTION REQUIRED. If the
creation of the district is not confirmed at a confirmation
election held under Section 8254.023 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 Grayson 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. 8254.004.  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 8254.005-8254.020 reserved for expansion]
SUBCHAPTER A-1. TEMPORARY PROVISIONS
       Sec. 8254.021.  TEMPORARY DIRECTORS.  (a) On or after
September 1, 2007, a person who owns land in the district may submit
a petition to the Texas Commission on Environmental Quality
requesting that the commission appoint as temporary directors the
five persons named in the petition.
       (b)  The commission shall appoint as temporary directors the
five persons named in the first petition received by the commission
under Subsection (a).
       (c)  If a temporary director fails to qualify for office, the
commission shall appoint a person to fill the vacancy.
       (d)  Temporary directors serve until the earlier of:
             (1)  the date directors are elected under Section
8254.023; or
             (2)  the date this chapter expires under Section
8254.003.
       Sec. 8254.022.  ORGANIZATIONAL MEETING OF TEMPORARY
DIRECTORS. As soon as practicable after all the temporary
directors have qualified under Section 49.055, Water Code, the
temporary directors shall meet at a location in the district
agreeable to a majority of the directors.  At the meeting, the
temporary directors shall elect officers from among the temporary
directors and conduct any other district business.
       Sec. 8254.023.  CONFIRMATION AND INITIAL DIRECTORS'
ELECTION; ANNEXATION BY CITY.  (a)  The temporary directors shall
hold an election to confirm the creation of the district and to
elect five directors as provided by Section 49.102, Water Code.
       (b)  The temporary directors may not hold the election until
the City of Gunter has annexed into its corporate limits all
territory described by Section 2 of the Act creating this chapter.
       Sec. 8254.024.  INITIAL ELECTED DIRECTORS; TERMS.  The
directors elected under Section 8254.023 shall draw lots to
determine which two shall serve until the first regularly scheduled
election of directors and which three shall serve until the second
regularly scheduled election of directors.
       Sec. 8254.025.  EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2014.
[Sections 8254.026-8254.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
       Sec. 8254.051.  GOVERNING BODY; TERMS. (a) The district is
governed by a board of five directors.
       (b)  Directors serve staggered four-year terms.
[Sections 8254.052-8254.100 reserved for expansion]
SUBCHAPTER C.  POWERS AND DUTIES
       Sec. 8254.101.  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. 8254.102.  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 turnpikes, or improvements in aid of
those roads or turnpikes, 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. 8254.103.  DIVISION OF DISTRICT.  (a)  The district may
be divided into two new districts only if the district:
             (1)  has no outstanding bonded debt; and
             (2)  is not imposing ad valorem taxes.
       (b)  The division procedure is prescribed by Sections 53.030
through 53.041, Water Code.
       (c)  Any new district created by the division of the district
has all the powers and duties of the district.
       (d)  Any new district created by the division of the district
may not, at the time the new district is created, contain any land:
             (1)  outside the area described by Section 2 of the Act
creating this chapter; or
             (2)  outside the corporate limits of the city of
Gunter.
       Sec. 8254.104.  COMPLIANCE WITH MUNICIPAL CONSENT
RESOLUTIONS. The district shall comply with all applicable
requirements of any ordinance or resolution adopted by the
governing body of each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located.
       Sec. 8254.105.  LIMITATION ON ANNEXATION.  (a)  The district
may not add land to the district under Subchapter J, Chapter 49,
Water Code, if the land is located outside the corporate limits of
the city of Gunter.
       (b)  Section 43.075, Local Government Code, does not apply to
the district.
[Sections 8254.106-8254.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
       Sec. 8254.151.  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 8254.201.
[Sections 8254.152-8254.200 reserved for expansion]
SUBCHAPTER E.  BONDS
       Sec. 8254.201.  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
8254.101 or 8254.102.
       (b)  The district may not issue bonds or other obligations to
finance projects authorized by Section 8254.102 unless the issuance
is approved by a vote of a two-thirds majority of the district
voters voting at an election held for that purpose.
       (c)  Bonds or other obligations issued or incurred to finance
projects authorized by Section 8254.102 may not exceed one-fourth
of the assessed value of the real property in the district.
       SECTION 2.  The Preston Summit Municipal Utility District
No. 1 of Grayson County includes all the territory contained in the
following area:
TRACT 1:
SITUATED in the County of Grayson, State of Texas, being a part of
the John Blundell Survey, Abstract No. 95, a part of the Orry A.
VanDusen Survey, Abstract, No. 1424, a part of the William P.
Johnson Survey, Abstract No. 628 and a part of the Daniel Lloyd
Survey, Abstract No. 706, being a part of the 709.93648 acre tract
of land (Tract Two) and a part of the "approximate" 68.3 acre tract
of land (Tract One), conveyed by Correction Warranty Deed from C. J.
Christie and wife, Mattie P. Christie, to Christie Farm, Ltd., on
February 12, 1993 (effective date: June 17, 1992), recorded in
Volume 2255, Page 516, Real Property Records, Grayson County,
Texas, and being more particularly described as one tract of land,
by metes and bounds as follows, to-wit:
BEGINNING at a 1/2 inch rebar set in the South line of said Blundell
Survey and the North line of the Asa Hartfield Survey, Abstract No.
490, at an angle point in the East line of the Tommy Allen, III,
537.375 ac. in Vol. 3187, Pg. 766, O.P.R.G.C.T., at the Southwest
corner of said Christie 709.93648 ac. and the Northwest corner of
the Sangani Properties, Ltd. 26.861 ac. (Tract 3) in Vol. 3684, Pg.
182, O.P.R.G.C.T., said rebar being in the West ditch of Fallon
Road, a "North-South" public road, and being 15.5 ft. West of the
center of the asphalt paving of Fallon Road, and being in-line with
the center of Savage Road, a public road to the East;
THENCE North 24 deg. 58 min. 30 sec. East, with the East line of said
Allen 537.375 ac., intersecting the center of the asphalt paving of
Fallon Road at about 100 ft., and continuing now with said center of
Fallon Road, leaving said center of road at about 2400, and
continuing for a total distance of 2457.37 ft. to a 1/2 inch rebar
set near the East edge of said asphalt paving of said road, in the
East line of said VanDusen Survey and the most Western West line of
said Johnson Survey, at an angle point in said East line of the
Allen 537.375 ac.;
THENCE North 01 deg. 50 min. 30 sec. East, with said East line of the
VanDusen Survey and then the most Eastern East line of the H.T. &
B.R.R. Survey, Abstract No. 605 and with said Western West line of
the Johnson Survey, intersecting the center of the asphalt paving
of Fallon Road at about 80 ft., and continuing now with said center
of Fallon Road, leaving said center of road at about 4800, and
continuing for a total distance of 5330.70 ft. to a 1/2 inch rebar
set in an "East-West" wire fence maintaining the South line of both
the John S. Thom (AKA.; John. S. Thorn) Survey, Abstract No. 1189
and the Phillip S. Wildman 183.689 ac. (Exhibit "A") in Vol. 2535,
Pg. 484, O.P.R.G.C.T., at the Northwest corner of both said Johnson
Survey and the Christie 709.93648 ac., the most Eastern Northeast
corner of said H.T. & B.R.R. Survey;
THENCE South 89 deg. 00 min. 22 sec. East, with the general course
of said wire fence maintaining said South line of the Thom Survey
and the North line of said Johnson Survey, a distance of 1618.98 ft.
to a 5/8 inch rebar found in concrete, at the Southeast base of a
crosstie corner post, at the Southeast corner of said Wildman
183.689 ac. and the Southwest corner of the Phillip Sherwood
Wildman and wife, Teresa Marie "Donohoe" Wildman 240.811 ac.
(Exhibit "A") in Vol. 2583, Pg. 538, O.P.R.G.C.T.;
THENCE South 87 deg. 56 min. 05 sec. East, with the "scattered"
remains of an old fence, continuing with said South line of the Thom
Survey and said North line of the Johnson Survey, a distance of
2665.50 ft. to a spike nail found near the West base of a corner
post, in the center of an old "North-South" public road, now
abandoned, in the West line of both the Mary Miller Survey, Abstract
No. 775 and the Jack A. Turpin 233.480 ac. (Tract No. 1) in Vol.
1963, Pg. 436. R.P.R.G.C.T., at the Southeast corner of both the
Thom Survey and the Wildman 240.811 ac., the Northeast corner of
both the Johnson Survey and the Christie 709.93648 ac.;
THENCE South 00 deg. 12 min. 02 sec. East, with the general course
of a wire fence along the center of said abandoned road, with said
West line of the Miller Survey and the East line of said Johnson
Survey, a distance of 1331.48 ft. to an 8 inch wood post maintaining
an angle point in the west line of said Turpin 233.480 ac.;
THENCE South 17 deg. 23 min.. 18 sec. East, with a wire fence
maintaining the West line of said Turpin 233.480 ac., but not with
said Miller & Johnson Survey lines and not with the center of said
abandoned road, a distance of 301.70 ft. to an 8 inch wood post
maintaining another angle point in the West said Turpin 233.480 ac,
in the West line of said abandoned road;
THENCE South 00 deg. 28 min. 22 sec. East, with the general course
of a wire fence maintaining the West line of said Turpin 233.480
ac., and along the West line of said abandoned road, a distance of
1461.48 ft. to a crosstie corner post maintaining the Southwest
corner of said Turpin 233.480 ac.;
THENCE South 89 deg. 20 min. 53 sec. East, with a wire fence
maintaining the South line of said Turpin 233.480 ac., a distance of
16.97 ft. to a 1/2 inch rebar found at the base of a corner post, in
the center of said abandoned road, in the East line of both said
Johnson Survey and the Christie 709.93648 Sc., the West line of said
Miller Survey, at the Northwest corner of the Edwin A. Trapp, Jr.
Revocable Trust, 278.389 ac. (Tract One Exhibit "A") in Vol. 2271,
Pg. 274, R.P.R.G.C.T.;
THENCE South 00 deg. 17 min. 02 sec. East, with the general course
of a wire fence along the center of said abandoned road, with said
West line of the Miller Survey and said East line of the Johnson
Survey, a distance of 1813.09 ft. to a 5/8 inch rebar found at the
base of a corner post, at the Southwest corner of said Miller
Survey, the most Western Southwest corner of said Trapp 278.389ac.
and the Northwest corner of both said Daniel Lloyd Survey and the
Christie 68.3 ac.;
THENCE North 89 deg. 30 min. 05 sec. East, with the general course
of a wire fence maintaining a South line of said Miller Survey and
the North line of both said Lloyd Survey and the Christie 68.3 ac.,
leaving said abandoned road at 17 ft., and continuing with said
fence, for a total distance 914.48 ft. to a 1/2 inch rebar found at
the base of a corner post, in the West right-of-way line of State
Hwy. 289, at the most Eastern Northeast corner of the herein
described tract;
THENCE Southwesterly, with the West right-of-way line of State Hwy.
289, the following calls and distances:
1. South 28 deg. 15 min. 55 sec. West, a distance of 774.73 ft. to a
point at the East base of fence post;
2. South 15 deg. 32 min. 08 sec. West, a distance of 251.91 ft. to a
point at the East base of a corner post, in North right-of-way line
of the St. Louis, San Francisco & Texas (Frisco) Railroad, at the
most Eastern Southeast corner of the herein described tract;
THENCE Southwesterly, with the North right-of-way line of said
Frisco Railroad, the following calls and distances:
1. South 76 deg. 48 min. 15 sec. West, a distance of 3250.09 ft. to a
point at the beginning of a curve;
2. Southwesterly, with a curve to the left having a central angle
(delta) of 29 deg. 09 min. 37 sec. and a radius of 3869.83 ft. (chord
bears South 62 deg. 13 min.. 27 sec. West, 1948.33 ft.), an arc
distance of 1969.52 ft. to a 1/2 inch rebar set in the center of said
Savage Road, in the South line of said Blundell Survey and the North
line of said Hartfield Survey, at the most Southern Southeast
corner of both the Christie 709.93648 ac. and the herein described
tract;
THENCE North 88 deg. 36 mm, 08 sec. West, with the center of Savage
Road and with said Survey lines, a distance of 1216.55 ft. to the
PLACE OF BEGINNING and containing 721.495 ACRES of land.
TRACT 2:
SITUATED in the County of Grayson, State of Texas, being a part of
the John Blundell Survey, Abstract No. 95, a part of the William P.
Johnson Survey, Abstract No. 628 and a part of the Daniel Lloyd
Survey, Abstract No. 706, being part of the 90.71166 acre tract of
land (Tract Three) and a part of the "approximate" 68.3 acre tract
of land (Tract One), conveyed by Correction Warranty Deed from C. J.
Christie and wife, Mattie P. Christie, to Christie Farm, Ltd., on
February 12, 1993 (effective date: June 17, 1992), recorded in
Volume 2255, Page 516, Real Property Records, Grayson County,
Texas, and being more particularly described as one tract of land,
by metes and bounds as follows, to-wit:
BEGINNING at a 1/2 inch rebar found in the West right-of-way line of
State Hwy. 289 and the center of Savage Road, a public road to the
West, in the most Southern South line of said Johnson Survey, in the
South line of said Christie 90.71166 ac. and the North line of the
Asa Hartfield Survey, Abstract No. 490, at the most Southern
Southeast corner of the herein described tract and the Northeast
corner of the Sangani Properties, Ltd. 278.933 ac. (Tract 2) in Vol.
3684, Pg. 182, O.P.R.G.C.T.;
THENCE Westerly, with the center of Savage Road, with the South line
of said Christie 90.71166 ac. and the North line of said Sangani
278.933 ac., the following calls and distances:
1. North 88 deg. 01 min. 29 sec. West, a distance of 2702.40 ft. to
an angle point;
2. North 88 deg. 36 min. 08 sec. West, 969.77 ft. to a 1/2 inch rebar
set in the South or Southeast right-of-way line of the St. Louis,
San Francisco & Texas (Frisco) Railroad, at the Southwest corner of
said Christie 90.71166 ac. and the Northwest corner of said Sangani
278.933 ac.;
THENCE Northeasterly, with the South or Southeast right-of-way line
of said Frisco Railroad, the following calls and distances:
1. Northeasterly, with a curve to the right having a central angle
(delta) of 27 deg. 32 min. 56 sec. and a radius of 3769.83 ft. (chord
bears North 61 deg, 01 min. 47 sec. East, 1795.20 ft.), an arc
distance of 1812.61 ft. to a point at the end of said curve;
2. North 76 deg. 48 min. 15 sec. East, a distance of 3195.27 ft. to a
point at the East base of a corner post, in the West right-of-way
line of State Hwy. 289, at the Northeast corner of the herein
described tract;
THENCE Southeasterly, with the West right-of-way line of State Hwy.
289. the following calls and distances:
1. South 15 deg. 32 min. 08 sec. West, a distance of 625.74 ft. to a
point on a concrete & brass monument, said point being North 38 deg.
West, 0.5 ft. from the center of said monument;
2. South 25 deg. 08 min. 43 sec. West, a distance of 632.15 ft. to a
point on a concrete & brass monument, said point being North 17 deg.
West, 0.3 ft. from the center of said monument;
3. South 41 deg. 35 min. 40 sec. West, a distance of 314.23 ft. to a
point on a concrete & brass monument, said point being North 21 deg.
West, 0.2 ft. from the center of said monument;
4. South 46 deg. 32 min. 40 sec. West, a distance of 251.92 ft. to a
point on a concrete & brass monument, in the North line of said
Savage Road, said point being North 47 deg. West, 0.2 ft. from the
center of said monument;
THENCE North 88 deg. 59 min. 29 sec. West, continuing with said West
right-of-way line of Hwy. 289, along a "flare-out in said
right-of-way and with the North line of Savage Road, a distance of
210.77 ft. to a point on a concrete & brass monument, said point
being 0.8 ft. South of the center of said monument;
THENCE South 01 deg. 37 min. 50 sec. West, again with said West
right-of-way line of Hwy. 289 and partially across Savage Road, a
distance of 33.58 ft. to the PLACE OF BEGINNING and containing
95.259 ACRES of land.
TRACT 3:
SITUATED in the County of Grayson, State of Texas, being a part of
the Daniel Lloyd Survey, Abstract No. 706, being a part of the
"approximate" 68.3 acre tract of land (Tract One), conveyed by
Correction Warranty Deed from C. J. Christie and wife, Mattie P.
Christie, to Christie Farm, Ltd., on February 12, 1993 (effective
date: June 17, 1992), recorded in Volume 2255, Page 516, Real
Property Records, Grayson County, Texas, and being more
particularly described by metes and bounds as follows, to-wit:
BEGINNING at a 1/2 inch rebar found in East right-of-way line of
State Hwy. 289 and the center of Strawn Road, an "East-West" public
road, in the North line of the Asa Hartfield Survey, Abstract No.
490, at the Southwest corner of both said Daniel Lloyd Survey and
the Christie 68.3 ac., the Southeast corner of the William P.
Johnson Survey, Abstract No. 628;
THENCE North 00 deg, 13 min. 14 sec. West, with the East
right-of-way line of said Hwy. 289, with the West line of both said
Daniel Lloyd Survey and the Christie 68.3 ac. and the East line of
said Johnson Survey, a distance of 180.01 ft. to a point in the
center of a concrete & brass monument, at an angle point in said
right-of-way;
THENCE Northeasterly, continuing with said East right-of-way line
of Hwy. 289, but not with said Survey lines, the following calls and
distances:
1. North 39 deg. 45 min. 23 sec. East, a distance of 104.24 ft. to a
point in the center of a concrete & brass monument at an angle
point;
2. North 46 deg. 32 min. 40 sec. East, a distance of 656.69 ft. to a
point at the beginning of a curve;
3. Northeasterly, with a curve to the left having a central angle
(delta) of 42 deg. 14 min. 00 sec. and a radius of 1482.21 ft. (chord
bears North 25 deg. 25 min. 40 sec. East, 1067.99 ft.), an arc
distance of 1092.55 ft. to a point at the end of said curve;
4. North 04 deg. 18 min. 40 sec. East, a distance of 75.10 ft. to a
1/2 inch rebar set in the South right-of-way line of the St. Louis,
San Francisco & Texas (Frisco) Railroad, at most Northern Northwest
corner of the herein described tract;
THENCE North 76 deg. 48 min. 15 sec. East, with the South
right-of-way line of said Frisco Railroad, a distance of 324.79 ft.
to a point in the East line of said Christie 68.3 ac. and a West line
of the Edwin A. Trapp, Jr. Revocable Trust, 278.389 ac. (Tract One,
Exhibit "A") in Vol. 2271, Pg. 274, R.P.R.G.C.T., at the Northeast
corner of the herein described tract;
THENCE South 00 deg. 09 min. 43 sec. East, with said West line of the
Trapp 278.389 ac., passing a crosstie corner post at 8 ft., and
continuing now with the general course of a wire fence, passing a
1/2 inch rebar found in fence at 1777.7 ft., passing a corner post
in the North line of Strawn Road and leaving said fence at about
1792 ft., and continuing for a total distance of 1816.60 ft. to a
point in the center of Strawn Road in the South line of said Daniel
Lloyd Survey and the North line of said Hartfield Survey, at the
Southeast corner of said Christie 68.3 ac. and the most Southern
Southwest corner of said Trapp 278.389 ac.;
THENCE South 89 deg. 37 min. 18 sec. West, with the center of Strawn
Road and with said Survey lines, a distance of 1328.26 ft. to the
PLACE OF BEGINNING and containing 29.764 ACRES of land.
TRACT 4:
SITUATED in the County of Grayson, State of Texas, being a part of
the Daniel Lloyd Survey, Abstract No. 706, being a part of the
"approximate" 68.3 acre tract of land (Tract One), conveyed by
Correction Warranty Deed from C. J. Christie and wife, Mattie P.
Christie, to Christie Farm, Ltd., on February 12, 1993 (effective
date: June 17, 1992), recorded in Volume 2255, Page 516, Real
Property Records, Grayson County, Texas, and being more
particularly described by metes and bounds as follows, to-wit:
BEGINNING at a point in the East right-of-way line of State Hwy.
289, in the North line of both said Daniel Lloyd Survey and the
Christie 68.3 ac., in the South line of the Mary Miller Survey,
Abstract No. 775 and a South line of the Edwin A. Trapp, Jr.
Revocable Trust, 278.389 ac. (Tract One, Exhibit "A") in Vol. 2271,
Pg. 274, R.P.R.G.C.T., at the Northwest corner of the herein
described tract, said point being 2.1 ft. West of a 1/2 inch rebar
found at the base of a corner post;
THENCE North 89 deg. 36 min. 08 sec. East, with said South line of
the Trapp 278.389 ac. and with said Survey lines, passing said rebar
at 2.1 ft., and continuing now with a wire fence, for a total
distance of 155.34 ft. to a 1/2 inch rebar found at the base of a
corner post, at the Northeast corner of said Christie 68.3 ac. and
an Ell corner of said Trapp 278.389 ac.;
THENCE South 00 deg. 09 min. 43 sec. East, with the general course
of a wire fence maintaining a West line of said Trapp 278.389 ac.
and the East line of said Christie 68.3 ft., a distance of 727.30
ft. to a point in the North right-of-way line of the St. Louis, San
Francisco & Texas (Frisco) Railroad, at the Southeast corner of the
herein described tract;
THENCE South 76 deg. 48 min. 15 sec. West with the North
right-of-way line of said Frisco Railroad, a distance of 316.39 ft.
to a concrete & brass monument found in said East right-of-way line
of State Hwy. 289, at the Southwest corner of the herein described
tract;
THENCE North 10 deg. 41 min. 06 sec. East, with the East
right-of-way line of State Hwy. 289, a distance of 812.53 ft. to the
PLACE OF BEGINNING and containing 3.995 ACRES of land.
       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.