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|
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relating to the Ranch at Clear Fork Creek 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 8344 to read as follows: |
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CHAPTER 8344. RANCH AT CLEAR FORK CREEK MUNICIPAL UTILITY |
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DISTRICT NO. 2 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8344.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(3) "Director" means a board member. |
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(4) "District" means the Ranch at Clear Fork Creek |
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Municipal Utility District No. 2. |
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Sec. 8344.002. 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. 8344.003. 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. 8344.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 8344.003 |
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until each municipality in whose corporate limits or |
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extraterritorial jurisdiction the territory added by Section |
|
8344.005 is located has consented by ordinance or resolution to the |
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inclusion of land in the district. |
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Sec. 8344.005. TERRITORY ADDED. (a) The territory |
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described by Section 2 of the Act enacting this chapter is added to |
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the district's territory as of the effective date of this section. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act enacting 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 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 8344.006-8344.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8344.051. 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 8344.052, directors serve |
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staggered four-year terms. |
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Sec. 8344.052. TEMPORARY DIRECTORS. (a) The temporary |
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board consists of: |
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(1) Erika Jasinski; |
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(2) Eric Blakely; |
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(3) Jonathan Parker; |
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(4) Meredith Powell; and |
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(5) Rick Dolifka. |
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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 8344.003; or |
|
(2) the fourth anniversary of the effective date of |
|
the Act enacting this chapter. |
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(c) If permanent directors have not been elected under |
|
Section 8344.003 and the terms of the temporary directors have |
|
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 8344.003; 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 |
|
may submit a petition to the commission requesting that the |
|
commission appoint as successor temporary directors the five |
|
persons named in the petition. The commission shall appoint as |
|
successor temporary directors the five persons named in the |
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petition. |
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[Sections 8344.053-8344.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8344.101. 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, |
|
Article XVI, Texas Constitution. |
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Sec. 8344.102. 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 |
|
operation and maintenance macadamized, graveled, or paved roads, |
|
including bridges, storm drainage, and other improvements or |
|
appurtenances in aid of those roads. |
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Sec. 8344.103. ROAD STANDARDS AND REQUIREMENTS. (a) A |
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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 road project is located. |
|
(b) If a road project is not located in the corporate limits |
|
or extraterritorial jurisdiction of a municipality, the road |
|
project must meet all applicable construction standards, |
|
subdivision requirements, and regulations of each county in which |
|
the road project is located. |
|
(c) If a municipality or county will maintain and operate |
|
the road, the municipality or county must approve the plans and |
|
specifications of the road project. |
|
(d) If the state will maintain and operate the road, the |
|
Texas Transportation Commission must approve the plans and |
|
specifications of the road project. |
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Sec. 8344.104. LIMITATION ON USE OF EMINENT DOMAIN. The |
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district may not exercise the power of eminent domain outside the |
|
district to acquire a site or easement for: |
|
(1) a road project authorized by Section 8344.102; or |
|
(2) a recreational facility as defined by Section |
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49.462, Water Code. |
|
[Sections 8344.105-8344.150 reserved for expansion] |
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SUBCHAPTER D. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS |
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Sec. 8344.151. DIVISION OF DISTRICT; PREREQUISITES. The |
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district may be divided into two or more new districts only if the |
|
district: |
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(1) has no outstanding bonded debt; and |
|
(2) is not imposing ad valorem taxes or assessments. |
|
Sec. 8344.152. LAW APPLICABLE TO NEW DISTRICT. This |
|
chapter applies to any new district created by division of the |
|
district, and a new district has all the powers and duties of the |
|
district, including the power to divide in accordance with this |
|
section. |
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Sec. 8344.153. LIMITATION ON AREA OF NEW DISTRICT. A new |
|
district created by the division of the district may not, at the |
|
time the new district is created, contain any land outside the |
|
combined area of: |
|
(1) the territory of the district at the time the |
|
district was initially created; and |
|
(2) the area added by Section 8344.005. |
|
Sec. 8344.154. DIVISION PROCEDURES. (a) The board, on its |
|
own motion or on receipt of a petition signed by the owner or owners |
|
of a majority of the assessed value of the real property in the |
|
district according to the most recent appraisal roll for each |
|
county in which the district is located, may adopt an order dividing |
|
the district. |
|
(b) The board may adopt an order dividing the district |
|
before or after the date the board holds an election under Section |
|
8344.003 to confirm the district's creation. |
|
(c) An order dividing the district: |
|
(1) must: |
|
(A) name each new district; |
|
(B) include the metes and bounds description of |
|
the territory of each new district; |
|
(C) appoint temporary directors for each new |
|
district; and |
|
(D) provide for the division of assets and |
|
liabilities between or among the new districts; and |
|
(2) is subject to a confirmation election in each new |
|
district. |
|
(d) On or before the 30th day after the date of adoption of |
|
an order dividing the district, the district shall file the order |
|
with the commission and record the order in the real property |
|
records of each county in which the district is located. |
|
Sec. 8344.155. CONFIRMATION ELECTION FOR NEW DISTRICT. |
|
(a) A new district created by the division of the district shall |
|
hold a confirmation and directors' election as required by Section |
|
8344.003. |
|
(b) The results of that election must be filed as required |
|
by Sections 49.102(e) and (f), Water Code. |
|
(c) The division of the district is not effective unless the |
|
voters of each proposed new district vote to confirm the creation of |
|
their new district. |
|
Sec. 8344.156. MUNICIPAL CONSENT. Municipal consent to the |
|
creation of the district and to the inclusion of land in the |
|
district granted under Section 8344.004 acts as municipal consent |
|
to the creation of any new district created by the division of the |
|
district and to the inclusion of land in the new district. |
|
Sec. 8344.157. TAX OR BOND ELECTION. Before a new district |
|
created by the division of the district may impose a maintenance tax |
|
or issue bonds payable wholly or partly from ad valorem taxes, the |
|
new district must hold an election as required by Chapters 49 and |
|
54, Water Code, and this chapter to obtain voter approval. |
|
[Sections 8344.158-8344.200 reserved for expansion] |
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SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
|
Sec. 8344.201. TAX TO REPAY BONDS. The district may impose |
|
a tax to pay the principal of or interest on bonds issued under |
|
Section 8344.251. |
|
[Sections 8344.202-8344.250 reserved for expansion] |
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SUBCHAPTER F. BONDS AND OTHER OBLIGATIONS |
|
Sec. 8344.251. BONDS FOR ROAD PROJECTS. (a) The district |
|
may not issue bonds payable from ad valorem taxes to finance a road |
|
project 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. |
|
(b) At the time of issuance, the total principal amount of |
|
bonds or other obligations issued or incurred to finance road |
|
projects and payable from ad valorem taxes may not exceed |
|
one-fourth of the assessed value of the real property in the |
|
district. |
|
SECTION 2. The Ranch at Clear Fork Creek Municipal Utility |
|
District No. 2 includes all the territory contained in the |
|
following area in addition to the district's territory immediately |
|
before the effective date of this Act: |
|
109.21 ACRE TRACT |
|
DESCRIBING A 109.21 ACRE TRACT OF LAND BEING A PART OF THE AUGUST |
|
REUSS SURVEY, ABSTRACT 398, HAYS COUNTY, TEXAS, SAME BEING A |
|
PORTION OF THAT CERTAIN 116.93 ACRE TRACT OF LAND DESCRIBED IN A |
|
SPECIAL WARRANTY DEED TO WALTON TEXAS, LP, EXECUTED ON JULY 15, 2010 |
|
AND RECORDED IN VOLUME 3937 PAGE 662 OF THE OFFICIAL PUBLIC RECORDS |
|
OF SAID COUNTY SAID 109.21 ACRE TRACT OF LAND BEING MORE |
|
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: |
|
BEGINNING, at an iron rod with cap stamped RPLS 1753 found at the |
|
south corner of said 116.93 acre tract, same being at the east |
|
corner of that certain 92.67 acre tract of land described in a deed |
|
to Walter Seeliger as recorded in Volume 131 Page 131 of the |
|
Official Public Records of said County and in the northwest line of |
|
State Highway No. 21 (100' R.O.W.); |
|
THENCE, with the southwest line of said 116.93 acre tract, same |
|
being with the northeast line of said Seeliger tract, N47°11'59"W, |
|
3148.30 feet to an iron rod with cap stamped RPLS 1753 found at the |
|
west corner of said 116.93 acre tract, same being at the north |
|
corner of said Seeliger tract and in the southeast line of that |
|
certain 125 acre tract of land described in a deed to The B. R. and |
|
Mollie Wranitzky Trust as recorded in Volume 1011 Page 48 of the |
|
Official Public Records of said County; |
|
THENCE, with the northwest line of said 116.93 acre tract, same |
|
being the southeast line of said 125 acre tract, N42°42'46"E, |
|
1509.43 feet to an iron rod found at the north corner of said 116.93 |
|
acre tract, same being at the west corner of that certain 88.265 |
|
acre tract of land described in a deed to Adora Investments, LLC as |
|
recorded in Volume 3749 Page 476 of the Official Public Records of |
|
said County; |
|
THENCE, with the northeast line of said 116.93 acre tract, same |
|
being the southwest line of said 88.265 acre tract, S47°12'03"E, |
|
3252.62 feet to a point from which an iron rod with cap stamped UDG |
|
#2433 found at the east corner of said 116.93 acre tract, same being |
|
at the south corner of said 88.265 acre tract and in the said line of |
|
State Highway No. 21 bears S47°12'03"E, 302.94 feet; |
|
THENCE, through the interior of said 116.93 acre tract and with the |
|
City of Uhland, Texas City Limit Line, the following three courses: |
|
1) Along a curve to the right having a radius of 4233.66 feet, an |
|
arc length of 684.87 feet, a central angle of 9°16'07" and a chord |
|
which bears S55°41'22"W, 684.11 feet to a point; |
|
2) S60°10'58"W, 391.11 feet to a point; |
|
3) S29°49'02"E, 300.00 feet to a point in the southeast line of |
|
said 116.93 acre tract, same being in the said right-of-way of State |
|
Highway No. 21; |
|
THENCE, with the common line of said 116.93 acre tract and said |
|
Highway, S60°10'58"W, 397.91 feet to the POINT OF BEGINNING and |
|
containing 109.21 acres of land. |
|
158.31 ACRE TRACT |
|
DESCRIBING A 158.31 ACRE TRACT OF LAND BEING A PART OF THE THOMAS |
|
YATES SURVEY, ABSTRACT 313, CALDWELL COUNTY, TEXAS, SAID TRACT OF |
|
LAND ALSO BEING ALL OF OR A PORTION OF THE FOLLOWING TWO TRACTS OF |
|
LAND: |
|
1) ALL OF THAT CERTAIN TRACT OF LAND DESCRIBED AS 100.02 ACRES IN A |
|
SPECIAL WARRANTY DEED TO WALTON TEXAS, LP EXECUTED ON MARCH 11, 2010 |
|
AND RECORDED IN VOLUME 597 PAGE 41 OF THE OFFICIAL PUBLIC RECORDS OF |
|
SAID COUNTY; |
|
2) ALL OF THAT CERTAIN TRACT OF LAND DESCRIBED AS 58.29 ACRES IN A |
|
SPECIAL WARRANTY DEED TO WALTON TEXAS, LP EXECUTED ON NOVEMBER 10, |
|
2010 AND RECORDED IN VOLUME 634 PAGE 608 OF THE OFFICIAL PUBLIC |
|
RECORDS OF SAID COUNTY; |
|
SAID 158.31 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY |
|
METES AND BOUNDS AS FOLLOWS: |
|
BEGINNING, at an iron rod found at the northeast corner of said |
|
100.02 acre tract in the west right-of-way line of F.M. 2720 (80' |
|
R.O.W.), same being at the southeast corner of that certain 405.35 |
|
acre tract of land described in a deed to Walton Texas, LP as |
|
recorded in Volume 579 Page 211 of the Official Public Records of |
|
said County, for the POINT OF BEGINNING of the herein described |
|
158.31 acre tract of land (Grid coordinates: N:9,951,631.99 |
|
E:3,102,510.82); |
|
THENCE, with the east line of said 100.02 acre tract, same being the |
|
west line of said F.M. 2720, S42°12'20"E, at 529.17 feet passing a |
|
Texas Department of Transportation Type I concrete monument, |
|
continuing for a total distance of 2306.77 feet to a nail found at |
|
the southeast corner of said 100.02 acre tract, same being at a |
|
northeast corner of that certain called 8.692 acre tract of land |
|
described in a deed to Thomas E. Black, Jr. as recorded in Volume |
|
391 Page 459 of the Official Public Records of said County; |
|
THENCE, with the south line of said 100.02 acre tract, same being |
|
the north line of said Black tract, S48°06'09"W, 1225.23 feet to a |
|
nail found at the southern most southwest corner of said 100.02 acre |
|
tract, same being at the northwest corner of said Black tract and in |
|
the east line of that certain called 91.2638 acre tract of land |
|
described in a deed to Cleo L. Krieg as recorded in Volume 149 Page |
|
219 of the Official Public Records of said County; |
|
THENCE, with the southern most west line of said 100.02 acre tract, |
|
same being the east line of said Krieg tract, N42°45'47"W, 1078.02 |
|
feet to an iron rod with cap stamped "UDG #2433" set at an interior |
|
corner of said 100.02 acre tract, same being the northeast corner of |
|
said Krieg tract; |
|
THENCE, with the northern most south line of said 100.02 acre tract, |
|
same being the north line of said Krieg tract, S47°17'01"W, 1241.49 |
|
feet to an iron rod with cap stamped "UDG #2433" set at the northern |
|
most southwest corner of said 100.02 acre tract, same being at the |
|
northwest corner of said Krieg tract and in the northeast line of |
|
said 58.29 acre tract; |
|
THENCE, with the northeast line of said 58.29 acre tract, same being |
|
the southwest line of said Krieg tract, S42°35'18"E, 2350.90 feet to |
|
an iron rod found at the northern most east corner of said 58.29 |
|
acre tract, same being at the north corner of that certain 2.070 |
|
acre tract of land described in a deed to Elida Nava as recorded in |
|
Volume 561 Page 847 of the Official Public Records of said County; |
|
THENCE, with the common lines of said 58.29 acre tract and said Nava |
|
tract, the following five courses: |
|
1. S47°39'27"W, 180.82 feet to an iron rod found; |
|
2. S40°36'42"E, 301.60 feet to an iron rod found; |
|
3. N79°44'05"E, 88.78 feet to an iron rod found; |
|
4. N72°18'20"E 62.04 feet to an iron rod with plastic cap stamped |
|
UDG #2433 set; |
|
5. S42°34'06"E, 409.85 feet to an iron rod found at the southern |
|
most east corner of said 58.29 acre tract, same being at the south |
|
corner of said 2.070 tract, same being in the northwest line of |
|
County Road 228 (Farmers Road, R.O.W. varies); |
|
THENCE, with the southeast line of said 58.29 acre tract, same being |
|
the northwest line of said County Road 228, S47°40'42"W, 532.18 feet |
|
to an iron rod with plastic cap stamped UDG #2433 set at the eastern |
|
most south corner of said 58.29 acre tract, same being at the east |
|
corner of that certain 60.350 acre tract of land described in a deed |
|
to Florence M. Holz Vickery as recorded in said Partition Deed |
|
recorded in Volume 88 Page 318 of the Official Public Records of |
|
said County; |
|
THENCE, with the common lines of said 58.29 acre tract and said |
|
60.350 acre tract, the following three courses: |
|
1. N42°19'00"W, 135.90 feet to an iron rod with plastic cap stamped |
|
UDG #2433 set; |
|
2. S47°44'51"W, 116.26 feet to an iron rod with plastic cap stamped |
|
UDG #2433 set; |
|
3. N42°34'31"W, 3602.41 feet to an iron rod found at the west |
|
corner of this tract, same being at the west corner of said 58.29 |
|
acre tract and the north corner of said 60.350 acre tract, said iron |
|
rod also being in the southeast line of said 405.35 acre tract; |
|
THENCE, with the northwest line of said 58.29 acre tract, same being |
|
the southeast line of said 405.35 acre tract, N47°39'14"E, 707.05 |
|
feet to an iron rod found at the north corner of said 58.29 acre |
|
tract, same being the southern most east corner of said 405.35 acre |
|
tract, same also being in the southwest line of said 100.02 acre |
|
tract; |
|
THENCE, with a southwest line of said 100.02 acre tract, same being |
|
a northeast line of said 405.35 acre tract, N42°19'47"W, 619.99 feet |
|
to an iron rod found at the northwest corner of said 100.02 acre |
|
tract, same being an interior corner of said 405.35 acre tract; |
|
THENCE, with the north line of said 100.02 acre tract, same being |
|
with a south line of 405.35 acre tract, N47°34'05"E, a distance of |
|
2482.54 feet to the POINT OF BEGINNING and containing 158.31 acres |
|
of land. |
|
87.47 ACRE TRACT |
|
DESCRIBING 87.47 ACRES OF LAND BEING A PORTION OF THE ELBERT HINES |
|
SURVEY A-123, CALDWELL COUNTY, TEXAS, SAME BEING A PORTION OF THAT |
|
312.48 ACRE TRACT DESCRIBED IN A SPECIAL WARRANTY DEED TO WALTON |
|
TEXAS, LP EXECUTED ON MAY 5, 2009 AND RECORDED IN VOLUME 568 PAGE |
|
119 OF THE OFFICIAL PUBLIC RECORDS OF SAID COUNTY, SAID 87.47 ACRES |
|
OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS |
|
FOLLOWS: |
|
BEGINNING at an axle found at the east corner of said 312.48 acre |
|
tract, same being the north corner of that 152.071 acre tract |
|
described in a deed to Bryant L Hohertz and wife, Veleria G. Hohertz |
|
as recorded in Volume 459 Page 639 of the Deed Records of said |
|
County and in the southwest line of the Old Kyle Lockhart Road |
|
(R.O.W. varies), from which an iron rod found at the east corner of |
|
said 152.071 acre tract, same being a north corner of that 464.77 |
|
acre tract described in a deed to Elizabeth Blanks Hindman as |
|
recorded in Volume 495 Page 373 of the Deed Records of said County |
|
bears S41°18'41"E, 19.83 feet; |
|
THENCE, with the southeast line of said 312.48 acre tract, |
|
S47°54'11"W, 1897.48 feet to a point; |
|
THENCE, through the interior of said 312.48 acre tract, N42°00'00"W, |
|
2018.19 feet to a point in the northern most northwest line of said |
|
312.48 acre tract, same being in the southeast line of the remaining |
|
portion of a 331.6 acre tract described in Volume 192 Page 649 of |
|
the Official Public Records of said County; |
|
THENCE, with said northwest line of 312.48 acre tract, N47°53'56"E, |
|
1890.25 feet to an iron rod with cap (stamped "Hinkle") found at the |
|
east corner of said remaining portion, same being in the southwest |
|
line of F. M. 2720 (R.O.W. varies) from which said iron rod with cap |
|
found at the north corner of said remaining portion bears |
|
N33°43'35"W, 391.68 feet; |
|
THENCE, with the southwest line of said F. M. 2720, the following |
|
three courses: |
|
1) Along a curve to the left having a radius of 2904.81 feet, an |
|
arc length of 199.21 feet, a central angle of 3°55'46" and a chord |
|
which bears S40°36'09"E, 199.18 feet to a concrete monument found; |
|
2) S41°19'53"E, 703.74 feet to an iron rod found; |
|
3) Along a curve to the left having a radius of 1185.96 feet, an |
|
arc length of 191.25 feet, a central angle of 9°14'22" and a chord |
|
which bears S46°12'56"E, 191.04 feet to an iron rod found at the |
|
intersection of said F. M. 2720 with the northeast line of said |
|
331.6 acre tract and the southwest line of the said Old Kyle |
|
Lockhart Road; |
|
THENCE, with the northeast line of said 312.48 acre tract, same |
|
being the southwest line of said Old Kyle Lockhart Road, |
|
S42°23'15"E, 925.01 feet to the POINT OF BEGINNING and containing |
|
87.47 acres of land. |
|
642.57 ACRE TRACT |
|
DESCRIBING 642.57 ACRES OF LAND BEING A PORTION OF THE ELBERT HINES |
|
SURVEY, ABSTRACT 123, CALDWELL COUNTY, TEXAS, SAME BEING ALL OF OR A |
|
PORTION OF THE FOLLOWING TWO TRACTS OF LAND: |
|
1) ALL OF THAT 464.83 ACRE TRACT OF LAND DESCRIBED IN A SPECIAL |
|
WARRANTY DEED TO WALTON TEXAS, LP EXECUTED ON MARCH 23, 2010 AND |
|
RECORDED IN VOLUME 598 PAGE 166 OF THE OFFICIAL PUBLIC RECORDS OF |
|
CALDWELL COUNTY, TEXAS; |
|
2) A PORTION OF THAT 682.21 ACRE TRACT OF LAND DESCRIBED IN A |
|
SPECIAL WARRANTY DEED TO WALTON TEXAS, LP EXECUTED ON JANUARY 15, |
|
2010 AND RECORDED IN VOLUME 591 PAGE 449 OF THE OFFICIAL PUBLIC |
|
RECORDS OF CALDWELL COUNTY, TEXAS; SAID 642.57 ACRES OF LAND BEING |
|
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: |
|
BEGINNING at an iron rod found at the south corner of said 464.83 |
|
acre tract, same being the southern most east corner of said 682.21 |
|
acre tract, same also being in the northwest line of that tract of |
|
land described in a deed to Bryant L. Hohertz, et ux as recorded in |
|
Volume 397 Page 369 of the Official Public Records of said County; |
|
THENCE, with the southeast line of 682.21 acre tract, same being the |
|
northwest line of said Bryant L. Hohertz tract, S47°58'32"W, 542.23 |
|
feet to a point from which an iron rod with aluminum cap found at a |
|
south corner of said 682.21 acre tract bears S47°58'32"W, 566.01 |
|
feet; |
|
THENCE, through the interior of said 682.21 acre tract, N42°00'00"W, |
|
9091.90 feet to a point in a northwest line of said 682.21 acre |
|
tract; |
|
THENCE, with a northwest line of said 682.21 acre tract, |
|
N47°53'54"E, 1349.71 feet to an iron rod with cap stamped UDG #2433 |
|
set at the north corner of said 682.21 acre tract, same being at a |
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west corner of said 464.83 acre tract; |
|
THENCE, with the northern most northwest line of said 464.83 acre |
|
tract, the following four courses: |
|
1) N47°53'54"E, 547.53 feet to an iron rod with cap found in a |
|
southwest line of the former Kyle-Lockhart Road (a public road); |
|
2) With said Kyle-Lockhart Road, S25°07'26"E, 12.87 feet to an iron |
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rod found; |
|
3) With said Kyle-Lockhart Road, S41°21'12"E, 17.94 feet to an iron |
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rod found; |
|
4) With said Kyle-Lockhart Road, N47°56'28"E, 650.16 feet to a nail |
|
atop a fence corner post at the north corner of said 464.83 acre |
|
tract, same being the west corner of that 125 acre tract of land |
|
described in a deed to Joyce Livengood Bock as recorded in Volume |
|
212 Page 375 of the Official Public Records of said County, from |
|
which a concrete monument found bears N50°58'49"E, 488.28 feet; |
|
THENCE, with the western most northeast line of said 464.83 acre |
|
tract, same being the southwest line of said 125 acre tract, |
|
S42°11'53"E, 2727.38 feet to an iron pipe found at an interior |
|
corner of said 464.83 acre tract, same being the south corner of |
|
said 125 acre tract; |
|
THENCE, with the eastern most northwest line of said 464.83 acre |
|
tract, same being the southeast line of said 125 acre tract, |
|
N48°15'08"E, 3912.02 feet to an iron pipe found at the eastern most |
|
north corner of said 464.83 acre tract, same being the east corner |
|
of said 125 acre tract and in a southwest line of F. M. 2720 (80' |
|
R.O.W.) from which an iron pipe found at the southern most north |
|
corner of said 125 acre tract, same being the east corner of that |
|
110.42 acre tract of land described in a deed to Cleo L. Krieg as |
|
recorded in Volume 154 Page 276 of the Official Public Records of |
|
said County bears N41°48'09"W, 101.41 feet; |
|
THENCE, with the eastern most northeast line of said 464.83 acre |
|
tract, same being the southwest line of said F. M. 2720, the |
|
following two courses: |
|
1) S42°01'54"E, 1441.16 feet to a concrete monument found; |
|
2) S42°09'53"E, 68.83 feet to an iron rod found at the northern |
|
most east corner of said 464.83 acre tract, same being in the |
|
northwest line of that 100.75 acre tract described in a deed to |
|
Joyce Livengood Bock as recorded in Volume 212 Page 375 of the |
|
Official Public Records of said County; |
|
THENCE, with the northern most southeast line of said 464.83 acre |
|
tract, same being the northwest line of said 100.75 acre tract, |
|
S48°15'53"W, 3918.99 feet to an iron rod with cap (stamped Texas |
|
Surveying/4227) found at an interior corner of said 464.83 acre |
|
tract, same being the west corner of said 100.75 acre tract; |
|
THENCE, with a northeast line of said 464.83 acre tract, same being |
|
the southwest line of said 100.75 acre tract, S42°08'11"E, 2229.92 |
|
feet to a stone found at the south corner of said 100.75 acre tract, |
|
same being at the west corner of that 103.18 acre tract described in |
|
a deed to Curby D. Ohnheiser as recorded in Volume 487 Page 22 of the |
|
Official Public Records of said County; |
|
THENCE, with a northeast line of said 464.83 acre tract, same being |
|
the southwest line of said 103.18 acre tract, S41°52'27"E, 1393.08 |
|
feet to an iron rod found at the southern most east corner of said |
|
464.83 acre tract, same being the south corner of said 103.18 acre |
|
tract and in the northwest line of that 52.3 acre tract described in |
|
a deed to Nellie Hampe Partnership I, Ltd. as recorded in Volume 140 |
|
Page 348 of the Official Public Records of said County; |
|
THENCE, with a southeast line of said 464.83 acre tract, same being |
|
the northwest line of said 52.3 acre tract, S48°00'59"W, 899.65 feet |
|
to an iron rod with cap (stamped Texas Surveying) found at an |
|
interior corner of said 464.83 acre tract, same being at the west |
|
corner of said 52.3 acre tract; |
|
THENCE, with the southern most northeast line of said 464.83 acre |
|
tract, same being the southwest line of said 52.3 acre tract, |
|
S42°01'21"E, 1208.36 feet to an iron rod found at the southern most |
|
east corner of said 464.83 acre tract, same being at the south |
|
corner of said 52.3 acre tract and in the northwest line of said |
|
Bryant L. Hohertz et ux tract as recorded in Volume 397 Page 369 of |
|
the Official Public Records of said County; |
|
THENCE, with the southern most southeast line of said 464.83 acre |
|
tract, same being northwest line of said Bryant L. Hohertz et ux |
|
tract as recorded in Volume 397 Page 369 of the Official Public |
|
Records of said County, S48°06'34"W, 1107.77 feet to the POINT OF |
|
BEGINNING and containing 642.57 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. (a) Section 8344.104, Special District Local |
|
Laws Code, as added by Section 1 of this Act, takes effect only if |
|
this Act receives a two-thirds vote of all the members elected to |
|
each house. |
|
(b) If this Act does not receive a two-thirds vote of all the |
|
members elected to each house, Subchapter C, Chapter 8344, Special |
|
District Local Laws Code, as added by Section 1 of this Act, is |
|
amended by adding Section 8344.104 to read as follows: |
|
Sec. 8344.104. NO EMINENT DOMAIN POWER. The district may |
|
not exercise the power of eminent domain. |
|
(c) This section is not intended to be an expression of a |
|
legislative interpretation of the requirements of Section 17(c), |
|
Article I, Texas Constitution. |
|
SECTION 5. Except as provided by Section 4 of this Act: |
|
(1) 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; and |
|
(2) if this Act does not receive the vote necessary for |
|
immediate effect, this Act takes effect September 1, 2011. |
|
|
|
|
|
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
I hereby certify that S.B. No. 630 passed the Senate on |
|
April 7, 2011, by the following vote: Yeas 31, Nays 0. |
|
|
|
|
______________________________ |
|
Secretary of the Senate |
|
|
I hereby certify that S.B. No. 630 passed the House on |
|
April 26, 2011, by the following vote: Yeas 148, Nays 0, two |
|
present not voting. |
|
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
|
|
|
Approved: |
|
|
|
______________________________ |
|
Date |
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|
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______________________________ |
|
Governor |