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AN ACT
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relating to the creation of the Bastrop County Municipal Utility |
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District No. 2; providing authority to impose a tax and issue bonds; |
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granting a limited power of eminent domain. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 8335 to read as follows: |
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CHAPTER 8335. BASTROP COUNTY MUNICIPAL UTILITY DISTRICT NO. 2 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8335.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Director" means a board member. |
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(3) "District" means the Bastrop County Municipal |
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Utility District No. 2. |
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Sec. 8335.002. NATURE OF DISTRICT. The district is a |
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municipal utility district created under Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 8335.003. CONFIRMATION AND DIRECTORS' ELECTION |
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REQUIRED. The temporary directors shall hold an election to |
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confirm the creation of the district and to elect five permanent |
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directors as provided by Section 49.102, Water Code. |
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Sec. 8335.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 8335.003 |
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until each municipality in whose corporate limits or |
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extraterritorial jurisdiction the district is located has |
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consented by ordinance or resolution to the creation of the |
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district and to the inclusion of land in the district. |
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Sec. 8335.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a) |
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The district is created to serve a public purpose and benefit. |
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(b) The district is created to accomplish the purposes of: |
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(1) a municipal utility district as provided by |
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general law and Section 59, Article XVI, Texas Constitution; and |
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(2) Section 52, Article III, Texas Constitution, that |
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relate to the construction, acquisition, improvement, operation, |
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or maintenance of macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 8335.006. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act creating this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act creating this chapter form a closure. A mistake made in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for the purposes |
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for which the district is created or to pay the principal of and |
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interest on a bond; |
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(3) right to impose a tax; or |
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(4) legality or operation. |
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[Sections 8335.007-8335.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8335.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five elected directors. |
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(b) Except as provided by Section 8335.052, directors serve |
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staggered four-year terms. |
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Sec. 8335.052. TEMPORARY DIRECTORS. (a) The temporary |
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board consists of: |
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(1) William Strawn; |
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(2) Michael Lamendola; |
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(3) David Bowen; |
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(4) Sean Mills; and |
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(5) Ann Schneider. |
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(b) Temporary directors serve until the earlier of: |
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(1) the date permanent directors are elected under |
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Section 8335.003; or |
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(2) the fourth anniversary of the effective date of |
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the Act creating this chapter. |
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(c) If permanent directors have not been elected under |
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Section 8335.003 and the terms of the temporary directors have |
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expired, successor temporary directors shall be appointed or |
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reappointed as provided by Subsection (d) to serve terms that |
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expire on the earlier of: |
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(1) the date permanent directors are elected under |
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Section 8335.003; or |
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(2) the fourth anniversary of the date of the |
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appointment or reappointment. |
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(d) If Subsection (c) applies, the owner or owners of a |
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majority of the assessed value of the real property in the district |
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may submit a petition to the Texas Commission on Environmental |
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Quality requesting that the commission appoint as successor |
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temporary directors the five persons named in the petition. The |
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commission shall appoint as successor temporary directors the five |
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persons named in the petition. |
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[Sections 8335.053-8335.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8335.101. GENERAL POWERS AND DUTIES. The district has |
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the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 8335.102. MUNICIPAL UTILITY DISTRICT POWERS AND |
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DUTIES. The district has the powers and duties provided by the |
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general law of this state, including Chapters 49 and 54, Water Code, |
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applicable to municipal utility districts created under Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 8335.103. AUTHORITY FOR ROAD PROJECTS. Under Section |
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52, Article III, Texas Constitution, the district may design, |
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acquire, construct, finance, issue bonds for, improve, operate, |
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maintain, and convey to this state, a county, or a municipality for |
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operation and maintenance macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 8335.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road |
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project must meet all applicable construction standards, zoning and |
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subdivision requirements, and regulations of each municipality in |
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whose corporate limits or extraterritorial jurisdiction the road |
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project is located. |
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(b) If a road project is not located in the corporate limits |
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or extraterritorial jurisdiction of a municipality, the road |
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project must meet all applicable construction standards, |
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subdivision requirements, and regulations of each county in which |
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the road project is located. |
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(c) If the state will maintain and operate the road, the |
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Texas Transportation Commission must approve the plans and |
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specifications of the road project. |
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Sec. 8335.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE |
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OR RESOLUTION. The district shall comply with all applicable |
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requirements of any ordinance or resolution that is adopted under |
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Section 54.016 or 54.0165, Water Code, and that consents to the |
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creation of the district or to the inclusion of land in the |
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district. |
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Sec. 8335.106. CONTRACT WITH CERTAIN MUNICIPALITIES |
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REQUIRED. (a) In order to exercise the powers and duties of a |
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municipal utility district granted by this chapter, the district |
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shall enter into a written contract with any municipality within |
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whose extraterritorial jurisdiction the district is wholly or |
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partly located: |
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(1) regulating the continuation of the |
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extraterritorial status of the district and its annexation by the |
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municipality; |
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(2) regulating the development within the boundaries |
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of the district in a manner that the parties agree will further the |
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health, safety, and welfare of the residents of the district; and |
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(3) containing other terms and consideration that the |
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municipality determines to be reasonable and appropriate. |
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(b) A contract under this section may be renewed or extended |
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for successive periods not to exceed 15 years. |
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Sec. 8335.107. LIMITATION ON USE OF EMINENT DOMAIN. The |
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district may not exercise the power of eminent domain outside the |
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district to acquire a site or easement for: |
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(1) a road project authorized by Section 8335.103; or |
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(2) a recreational facility as defined by Section |
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49.462, Water Code. |
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[Sections 8335.108-8335.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8335.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The |
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district may issue, without an election, bonds and other |
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obligations secured by: |
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(1) revenue other than ad valorem taxes; or |
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(2) contract payments described by Section 8335.153. |
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(b) The district must hold an election in the manner |
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provided by Chapters 49 and 54, Water Code, to obtain voter approval |
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before the district may impose an ad valorem tax or issue bonds |
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payable from ad valorem taxes. |
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(c) The district may not issue bonds payable from ad valorem |
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taxes to finance a road project unless the issuance is approved by a |
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vote of a two-thirds majority of the district voters voting at an |
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election held for that purpose. |
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Sec. 8335.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8335.151, the district |
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may impose an operation and maintenance tax on taxable property in |
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the district in accordance with Section 49.107, Water Code. |
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(b) The board shall determine the tax rate. The rate may not |
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exceed the rate approved at the election. |
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Sec. 8335.153. CONTRACT TAXES. (a) In accordance with |
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Section 49.108, Water Code, the district may impose a tax other than |
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an operation and maintenance tax and use the revenue derived from |
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the tax to make payments under a contract after the provisions of |
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the contract have been approved by a majority of the district voters |
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voting at an election held for that purpose. |
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(b) A contract approved by the district voters may contain a |
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provision stating that the contract may be modified or amended by |
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the board without further voter approval. |
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[Sections 8335.154-8335.200 reserved for expansion] |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 8335.201. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. The district may issue bonds or other obligations |
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payable wholly or partly from ad valorem taxes, impact fees, |
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revenue, contract payments, grants, or other district money, or any |
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combination of those sources, to pay for any authorized district |
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purpose. |
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Sec. 8335.202. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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board shall provide for the annual imposition of a continuing |
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direct ad valorem tax, without limit as to rate or amount, while all |
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or part of the bonds are outstanding as required and in the manner |
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provided by Sections 54.601 and 54.602, Water Code. |
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Sec. 8335.203. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of bonds or other obligations |
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issued or incurred to finance road projects and payable from ad |
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valorem taxes may not exceed one-fourth of the assessed value of the |
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real property in the district. |
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SECTION 2. The Bastrop County Municipal Utility District |
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No. 2 initially includes all the territory contained in the |
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following area: |
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BEING A PART OF THAT CERTAIN TRACT OF LAND OUT OF AND A PART OF |
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THE J. A. NAVARRO SURVEY, ABSTRACT 53, SITUATED IN BASTROP COUNTY, |
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TEXAS, SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS |
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BEING PART OF THAT CERTAIN 723.330 ACRE TRACT OF LAND CONVEYED TO |
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DOUBLE EAGLE ESTATES, LTD., IN VOLUME 1727, PAGE 637 OF THE DEED |
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RECORDS OF BASTROP COUNTY, TEXAS, AND ALL OF THAT CERTAIN 0.581 ACRE |
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(25,317 SQUARE FEET) TRACT OF LAND CONVEYED TO DOUBLE EAGLE |
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ESTATES, LTD. IN DOCUMENT NUMBER 200809818 OF THE OFFICIAL PUBLIC |
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RECORDS OF BASTROP COUNTY, TEXAS, SAVE AND EXCEPT 17.00 ACRES |
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(TRACT 1), 4.487 ACRES (TRACT 2), AND 0.456 ACRE (19,875 SQUARE |
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FEET) (TRACT 3), SAID TRACT BEING TOTAL 700.800 ACRES OF LAND MORE |
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FULLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: |
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BEGINNING, at a point in the curving north boundary line of |
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Old State Highway No. 71, a 100-foot wide public right-of-way, said |
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point also being the southeast corner of River Crossing, Section 1, |
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a subdivision recorded in Cabinet 3, Pages 14B-16A of the Plat |
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Records of Bastrop County, Texas, (P.R.B.C.TX.), for the southwest |
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corner and POINT OF BEGINNING of the herein described total 700.800 |
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acre save and except tract of tract, |
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THENCE, with the west boundary line of said 723.330 acre |
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tract and the eastern boundary line of said River Crossing, Section |
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1 plat, the following six (6) courses and distances, numbered 1 |
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through 6, |
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1. N28°39'54"E, a distance of 3827.98 feet to an iron rod |
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found, |
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2. N28°40'43"E, a distance of 192.11 feet to a point in the |
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approximate centerline of Moss Branch Creek, |
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3. N66°57'55"E, a distance of 191.40 feet to a point in the |
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approximate centerline of Moss Branch Creek, |
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4. N11°40'52"E, a distance of 94.19 feet to a point in the |
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approximate centerline of Moss Branch Creek, |
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5. N09°12'23"W, a distance of 164.23 feet to a point in the |
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approximate centerline of Moss Branch Creek, and |
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6. N10°20'14"E, a distance of 447.74 feet to a point in the |
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approximate centerline of Moss Branch Creek, also being the |
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northeast corner of Lot 27 of said River Crossing, Section 1 plat, |
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for an interior angle point of the herein described tract of land, |
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THENCE, leaving the approximate centerline of said Moss |
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Branch Creek, and continuing with the eastern and northern boundary |
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line said River Crossing, Section 1 plat, and the western boundary |
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line of said 723.330 acre Double Eagle Estates, Ltd. tract, the |
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following eight (8) courses and distances, numbered 1 through 8, |
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1. N67°35'53"W, a distance of 225.44 feet to an iron rod |
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found, |
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2. N76°02'24"w, a distance of 326.78 feet to an iron rod |
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found at the common back lot corner of Lots 28, 29 and 40 of said |
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River Crossing, Section 1 plat, for an exterior angle point of the |
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herein described tract, |
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3. N19°12'01"E, a distance of 1088.43 feet to an interior |
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angle point of the herein described tract, |
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4. N79°05'33"W, a distance of 250.28 feet to an iron rod |
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found at an angle point of Lot 53 of said River Crossing, Section 1 |
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plat, for an exterior angle point of the herein described tract, |
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5. N06°36'57"E, a distance of 760.90 feet to an iron rod |
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found at the northeast corner of Lot 54 of sais River Crossing, |
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Section 1 plat, for an interior angle point of the herein described |
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tract, |
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6. N80°16'29"W, a distance of 432.86 feet to an iron rod |
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found, |
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7. N83°45'20"W, a distance of 309.09 feet to an iron rod |
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found and |
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8. N89°00'04"W, a distance of 862.05 feet to an iron rod |
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found at the northwest of Lot 61 and Reserve "C" ( a 1.62 acre nature |
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trail) of said River Crossing, Section 1 plat, also being an |
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exterior angle point of said 723.330 acre tract for an exterior |
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angle point of the herein described tract, |
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THENCE, with the eastern boundary of said Reserve "C" and the |
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eastern boundary line of River Crossing, Section 2, a subdivision |
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recorded in Cabinet 3, Page 109A of the P.R.B.C.TX., Reserve "F" (a |
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4.63 acre nature trail), the following six (6) courses and |
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distances, numbered 1 through 6, |
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1. N02°47'32"E, a distance of 1431.43 feet to an iron rod |
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found for an exterior angle point of the herein described tract, |
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2. N64°22'53"E, a distance of 354.51 feet to an angle point, |
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3. N88°18'14"E, a distance of 52.94 feet to an angle point, |
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4. N41°10'20"E, a distance of 372.24 feet to an angle point, |
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5. N32°16'32"E, a distance of 510.39 feet to an angle point |
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and |
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6. N28°17'23"E, a distance of 2080.49 feet to a point of the |
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low bank of the Colorado River, from which an iron rod found bears |
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S28°17'23W, a distance of 35.54 feet, for the northwest corner of |
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said 723.330 acre Double Eagle Estates, Ltd., the northeast corner |
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of said River Crossing, Section 2 plat, for the northwest corner of |
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the herein described tract, |
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THENCE, with the approximate meanders of the low bank of said |
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Colorado River, the following thirteen (13) courses and distances, |
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numbered 1 through 13, |
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1. S66°39'19"E, a distance of 412.18 feet to a point, |
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2. S72°56'50"E, a distance of 838.46 feet to a point, |
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3. S54°37'21"E, a distance of 583.24 feet to a point, |
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4. S29°54'40"E, a distance of 125.90 feet to a point, |
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5. S46°33'38"E, a distance of 461.02 feet to a point, |
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6. S88°39'08"E, a distance of 210.28 feet to a point, |
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7. S75°31'18"E, a distance of 625.10 feet to a point, |
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8. N83°29'50"E, a distance of 539.30 feet to a point, |
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9. N70°07'56"E, a distance of 145.47 feet to a point, |
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10. N49°30'20"E, a distance of 509.50 feet to a point, |
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11. N68°22'51"E, a distance of 494.42 feet to a point, |
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12. S85°42'31"E, a distance of 325.11 feet to a point and |
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13. S69°27'18"E, a distance of 94.82 feet to a 6" tree on the |
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low bank of said Colorado River at the northeast corner of said |
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723.330 acre Double Eagle Estates, Ltd., also being the northwest |
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corner of 89.704 acre tract of land conveyed to Julie Salem in |
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Volume 709, Page 379 of the Deed Records of Bastrop County, Texas |
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(D.R.B.C.TX.), for the northeast corner of the herein described |
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tract, |
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THENCE, leaving said low bank of the Colorado River and with |
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the western boundary of said Salem tract and the eastern boundary of |
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said 723.330 acre Double Eagle Estates, Ltd. tract, S28°25'57"W, a |
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distance of 2695.41 feet to an iron rod found at the western angle |
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point of Lot 28 of Rocking "S" Estates, a subdivision recorded in |
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Cabinet 3, Page 107B of the P.R.B.C.TX., for an angle point of said |
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723.330 acre Double Eagle Estates, Ltd. tract and an angle point of |
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the herein described tract, |
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THENCE, continuing with the eastern boundary line of said |
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723.330 acre Double Eagle Estates, Ltd. tract and the western |
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boundary line of said Rocking "S" Estates plat, S27°11'03"W, a |
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distance of 2170.98 feet to an iron rod found at the southwest |
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corner of said Rocking "S" Estates plat, also being the northwest |
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corner of a 124.158 acre tract of land conveyed to Beverly Kay |
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Thomas Reid in Volume 991, Page 408 of the D.R.B.C.TX., also being |
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an angle point of the eastern boundary line of said 723.330 acre |
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Double Eagle Estates, Ltd. tract, for an angle point of the herein |
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described tract, |
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THENCE, with the western boundary line of said Reid tract, |
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the eastern boundary line of said 723.330 acre Double Eagle |
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Estates, Ltd. tract, the following four (4) courses and distances, |
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numbered 1 through 4, |
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1. S 25°04'50"W, a distance of 276.42 feet to a point, |
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2. S34°01'31"W, a distance of 112.38 feet to a point, |
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3. S48°37'07"W, a distance of 115.38 feet to a 14" Elm tree |
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for an angle point and |
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4. S28°42'02"W, a distance of 1803.15 feet to a concrete |
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monument found at the southwest corner of said Reid tract, an angle |
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point of said 723.330 acre Double Eagle Estates, Ltd. tract, also |
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being the northwest corner of 28.7 acre tract of land conveyed to |
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M.L. Stanfield in Volume 173, Page 321 of the D.R.B.C.TX. for an |
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angle point of the herein described tract, |
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THENCE, with the western boundary line of said Stanfield |
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tract and the eastern boundary line of said 723.330 acre Double |
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Eagle Estates, Ltd. tract, S30°51'20"W, a distance of 1311.89 feet |
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to a point in the approximate centerline of said Moss Branch Creek |
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for the southwest corner of said Stanfield tract, also being the |
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northwest corner of a 126.20 acre (Tract Two) tract of land conveyed |
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to The Forest at Colorado Crossing, Ltd. in Volume 1050, Page 0, of |
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the D.R.B.C.TX., also being an angle point of said 723.330 acre |
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Double Eagle Estates, Ltd. tract for an angle point of the herein |
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described tract, |
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THENCE, with the eastern boundary of said 723.330 acre Double |
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Eagle Estates, Ltd. tract, the western boundary of said 126.20 acre |
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The Forest at Colorado Crossing, Ltd. tract, S21°16'41"W, a distance |
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of 497.62 feet to a point in the approximate centerline of Fowler |
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Branch Creek, also being the northwest corner of The Forest at |
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Colorado Crossing, Section One, a subdivision recorded in Cabinet |
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4, page 18A of the P.R.B.C.TX., for an angle point on the of the |
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herein described tract, |
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THENCE, following a line over, upon and across said The |
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Forest at Colorado Crossing, Section One plat, said 723.330 acre |
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Double Eagle Estates, Ltd. tract, and Moss Branch Cemetery, the |
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following six (6) courses and distances, numbered 1 through 6, |
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1. S24°25'29"W, a distance of 303.37 feet to an iron rod |
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found at the northeast corner of the Moss Branch Cemetery, |
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2. N72°28'33"W, a distance of 124.97 feet to an iron rod |
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found at the northwest corner of the Moss Branch Cemetery, |
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3. S18°37'26"W, a distance of 193.57 feet to an iron rod |
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found at the southwest corner of said Moss Branch Cemetery, |
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4. S61°48'04"E, a distance of 93.34 feet to an iron rod found |
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at the southeast corner of said Moss Branch Cemetery |
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5. S34°32'36"W, a distance of 559.80 feet to an iron rod |
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found, and |
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6. S30°18'22"W, a distance of 466.77 feet to a point, also |
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being the southwest corner of Lot 12 of said The Forest at Colorado |
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Crossing, Section One plat, also being the northwest corner of a |
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18.00 acre tract of land conveyed to Ruth Ann Hobbs in Volume 719, |
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Page 794 of the D.R.B.C.TX., also being an exterior angle point of |
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said 723.330 acre Double Eagle Estates, Ltd. tract, for an exterior |
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angle point of the herein described tract, |
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THENCE, with the eastern boundary line of said 723.330 acre |
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Double Eagle Estates, Ltd. tract, and the western boundary line of |
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said Hobbs tract, the following five (5) courses and distances, |
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numbered 1 through 5, |
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1. S84°02'31"W, a distance of 56.57 feet to an angle point, |
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2. S23°56'13"W, a distance of 201.24 feet to an angle point, |
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3. S50°11'49"W, a distance of 171.49 feet to an angle point, |
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4. S19°35'41"W, a distance of 523.42 feet to an angle point, |
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and |
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5. S19°08'17"W, a distance of 308.22 feet to an angle point |
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the northeast corner of certain tract of land conveyed to St. Paul |
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Cemetery recorded in Volume 146, Page 332 of the D.R.B.C.TX., for |
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the southeast corner of the herein described tract, |
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THENCE, with the southern and eastern boundary lines of said |
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723.330 acre Double Eagle Estates, Ltd. tract, and the northern and |
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western boundary lines of said St. Paul Cemetery tract, the |
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following two (2) courses and distances, numbered 1 and 2, |
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1. N87°36'13"W, a distance of 206.91 feet to an iron rod |
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found, and |
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2. S03°40'57"W, a distance of 135.49 feet to an iron rod |
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found in the northern line of a 11.68 acre tract of land conveyed to |
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Arthur F. Corwin in Volume 166, Page 191 of the D.R.B.C.TX., for the |
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southeast corner of the herein described tract, |
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THENCE, with the southern boundary line of said 723.330 acre |
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Double Eagle Estates, Ltd. tract, and the northern boundary lines |
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of said Corwin tract, a 3.374 acre tract of land conveyed to Hershal |
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G. French in Volume 1285, page 898, a 1.45 acre tract of land |
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conveyed to Robert J. Muggley in Volume 295, Page 302, a 1.133 acre |
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tract of land conveyed to James and Julie Reese in Volume 1661, Page |
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574, a 0.886 acre tract of land conveyed to James F. and Alice Hart |
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in Volume 1689, Page 389and a 0.64 acre tract of land conveyed to |
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Clyde and Carolyn Poldrack in Volume 852, Page 182 all of the |
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D.R.B.C.TX., N62°43'19"W, a distance of 895.13 feet to an iron rod |
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found at the northwest corner of said Poldrack tract, also being the |
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northeast corner of said Kitten tract for an interior angle point of |
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the herein described tract, |
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THENCE, with the eastern and southern boundary lines of said |
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Kitten tract, and the southern boundary line of said 723.330 acre |
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Double Eagle Estates, Ltd. tract, and said curving north boundary |
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line of Old State Highway No. 71, the following four (4) courses and |
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distances, numbered 1 through 4, |
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1. S39°06'44"W, a distance of 153.80 feet to a point for the |
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southeast corner of said Kitten tract, |
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2. N32°18'00"W, a distance of 108.42 feet to a point of |
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curvature to the left, |
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3. with said curve to the left having a radius of 1195.98 |
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feet, an arc length of 63.81 feet, and whose chord bears N35°00'25"W |
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a distance of 63.80 feet to a point of curvature to the left, |
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4. with said curve to the left having a radius of 1195.98 |
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feet, an arc length of 312.25 feet and whose chord bears N44°00'54"W |
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a distance of 311.36 feet to the POINT OF BEGINNING, and containing |
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700.800 acres of land. |
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SAVE AND EXCEPT: |
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TRACT 1 |
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BEGINNING, at an iron rod found at the western angle point of |
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Lot 28 of Rocking "S" Estates, a subdivision recorded in Cabinet 3, |
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Page 107B of the P.R.B.C.TX., also being the southern line of said |
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723.330 acre Double Eagle Estates, Ltd. tract, for the POINT OF |
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COMMENCEMENT for the herein described tract, |
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THENCE, crossing said 723.330 acre Double Eagle Estates, Ltd. |
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tract, N38°12'48"W, a distance of 928.50 feet to a point at the |
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southwest corner of a 17.00 acre tract of land conveyed to The |
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Margaret Bryant-Collins Maguire Separate-Property Living Trust in |
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Volume 1723, Page 499 of the D.R.B.C.TX., for the southwest corner |
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and POINT OF BEGINNING of the herein described 17.00 acre tract of |
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land, |
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THENCE, following a line over, upon and across said 723.330 |
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acre Double Eagle Estates, Ltd. tract, and The Margaret |
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Bryant-Collins Maguire Separate-Property Living Trust tract, the |
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following twenty-two (22) courses and distances, numbered 1 through |
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22, |
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1. N15°48'51"W, a distance of 224.58 feet to an iron rod |
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found, |
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2. N48°33'46"W, a distance of 109.44 feet to an iron rod |
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found, |
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3. N57°45'37"W, a distance of 135.80 feet to an iron rod |
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found, |
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4. N87°27'33"W, a distance of 107.40 feet to an iron rod |
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found, |
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5. N46°40'04"E, a distance of 299.60 feet to an iron rod |
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found, |
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6. N65°58'30"E, a distance of 245.13 feet to an iron rod |
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found, |
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7. S75°36'30"E, a distance of 29.89 feet to an iron rod |
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found, |
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8. S37°12'43"E, a distance of 87.53 feet to an iron rod |
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found, |
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9. N49°30'35"E, a distance of 53.61 feet to an iron rod |
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found, |
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10. N64°26'50"E, a distance of 110.77 feet to an iron rod |
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found, |
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11. N63°49'01"E, a distance of 63.84 feet to an iron rod |
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found, |
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12. N34°43'32"E, a distance of 55.48 feet to an iron rod |
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found, |
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13. N66°25'50"E, a distance of 53.95 feet to an iron rod |
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found, |
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14. N69°48'35"E, a distance of 90.82 feet to an iron rod |
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found, |
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15. N73°51'29"E, a distance of 68.32 feet to an iron rod |
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found, |
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16. N89°37'22"E, a distance of 205.77 feet to an iron rod |
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found, |
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17. S19°23'14"E, a distance of 137.45 feet to an iron rod |
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found, |
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18. S30°19'51"W, a distance of 109.73 feet to an iron rod |
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found, |
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19. S04°57'11"E, a distance of 153.93 feet to an iron rod |
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found, |
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20. S25°39'51"E, a distance of 242.36 feet to an iron rod |
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found, |
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21. S25°26'19"W, a distance of 367.29 feet to an iron rod |
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found and |
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22. N82°01'48"W, a distance of 751.95 feet to the POINT OF |
|
BEGINNING and containing 17.000 acres of land. |
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TRACT 2 |
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BEGINNING, at an iron rod found at the western angle point of |
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Lot 28 of Rocking "S" Estates, a subdivision recorded in Cabinet 3, |
|
Page 107B of the P.R.B.C.TX., also being the southern line of said |
|
723.330 acre Double Eagle Estates, Ltd. tract, for the POINT OF |
|
COMMENCEMENT for the herein described tract, |
|
THENCE, crossing said 723.330 acre Double Eagle Estates, Ltd. |
|
tract, N38°12'48"W, a distance of 928.50 feet to a point at the |
|
southwest corner of a 17.00 acre tract of land conveyed to The |
|
Margaret Bryant-Collins Maguire Separate-Property Living Trust in |
|
Volume 1723, Page 499 of the D.R.B.C.TX., for the southwest corner |
|
and POINT OF BEGINNING of the herein described 4.487 acre tract of |
|
land, |
|
THENCE, with the northern boundary line of said 723.330 acre |
|
Double Eagle Estates, Ltd. tract, and the southern boundary line of |
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said The Margaret Bryant-Collins Maguire Separate-Property Living |
|
Trust tract, S82°01'48"E, a distance of 751.95 feet to a point, for |
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the northeast corner of the herein described tract, |
|
THENCE, crossing said 723.330 acre Double Eagle Estates, Ltd. |
|
tract, the following four (4) courses and distances, numbered 1 |
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through 4, |
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1. S36°45'58"W, a distance of 474.11 feet to a point, |
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2. N60°16'26"W, a distance of 286.24 feet to a point, |
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3. N43°23'08"W, a distance of 292.58 feet to a point, and |
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4. N05°00'54"W, a distance of 130.00 feet to a point the |
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POINT OF BEGINNING and containing 4.487 acres of land. |
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TRACT 3 |
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BEGINNING, at an iron rod found at the most western ell of of |
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a 17.00 acre tract of land conveyed to The Margaret Bryant-Collins |
|
Maguire Separate-Property Living Trust in Volume 1723, Page 499 of |
|
the D.R.B.C.TX, also being the ell of said 723.330 acre Double Eagle |
|
Estates, Ltd. tract, for the POINT OF COMMENCEMENT for the herein |
|
described tract, |
|
BEGINNING, with the southern boundary line of said 723.330 |
|
acre Double Eagle Estates, Ltd. tract, and the northern boundary |
|
line of said The Margaret Bryant-Collins Maguire Separate-Property |
|
Living Trust tract, N46°40'04"E, a distance of 103.92 feet to a |
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point, for the southwest corner and POINT OF BEGINNING of the herein |
|
described 0.456 acre (19,875 square feet) tract of land, |
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THENCE, crossing said 723.330 acre Double Eagle Estates, Ltd. |
|
tract, the following seven (7) courses and distances, numbered 1 |
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through 7, |
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1. N35°14'02"W, a distance of 205.68 feet to a point, |
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2. S52°51'43"W, a distance of 23.12 feet to a point, |
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3. N37°08'17"W, a distance of 100.00 feet to a point, |
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4. N52°51'43"E, a distance of 100.00 feet to a point, |
|
5. S37°08'17"E, a distance of 100.00 feet to a point, |
|
6. S19°46'00"E, a distance of 213.11 feet to a point, and |
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7. S46°40'04"W, a distance of 20.20 feet to a point the POINT |
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OF BEGINNING and containing 0.456 acres of land. |
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SECTION 3. (a) The legal notice of the intention to |
|
introduce this Act, setting forth the general substance of this |
|
Act, has been published as provided by law, and the notice and a |
|
copy of this Act have been furnished to all persons, agencies, |
|
officials, or entities to which they are required to be furnished |
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
Government Code. |
|
(b) The governor, one of the required recipients, has |
|
submitted the notice and Act to the Texas Commission on |
|
Environmental Quality. |
|
(c) The Texas Commission on Environmental Quality has filed |
|
its recommendations relating to this Act with the governor, the |
|
lieutenant governor, and the speaker of the house of |
|
representatives within the required time. |
|
(d) All requirements of the constitution and laws of this |
|
state and the rules and procedures of the legislature with respect |
|
to the notice, introduction, and passage of this Act are fulfilled |
|
and accomplished. |
|
SECTION 4. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2009. |
|
|
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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|
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I certify that H.B. No. 4772 was passed by the House on May |
|
12, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not |
|
voting. |
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|
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______________________________ |
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Chief Clerk of the House |
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|
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I certify that H.B. No. 4772 was passed by the Senate on May |
|
27, 2009, by the following vote: Yeas 31, Nays 0. |
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|
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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|
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_____________________ |
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Governor |