|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the creation of the Kendall County Water Control and |
|
Improvement District No. 3; granting a limited power of eminent |
|
domain; providing authority to issue bonds; providing authority to |
|
impose assessments, fees, and taxes. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Subtitle I, Title 6, Special District Local Laws |
|
Code, is amended by adding Chapter 9072 to read as follows: |
|
CHAPTER 9072. KENDALL COUNTY WATER CONTROL AND IMPROVEMENT |
|
DISTRICT NO. 3 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 9072.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Commission" means the Texas Commission on |
|
Environmental Quality. |
|
(3) "Director" means a board member. |
|
(4) "District" means the Kendall County Water Control |
|
and Improvement District No. 3. |
|
Sec. 9072.002. NATURE OF DISTRICT. The district is a water |
|
control and improvement district created under Section 59, Article |
|
XVI, Texas Constitution. |
|
Sec. 9072.003. CONFIRMATION AND DIRECTORS' ELECTION |
|
REQUIRED. The temporary directors shall hold an election to |
|
confirm the creation of the district and to elect five permanent |
|
directors as provided by Section 49.102, Water Code. |
|
Sec. 9072.004. CONSENT OF MUNICIPALITY REQUIRED. The |
|
temporary directors may not hold an election under Section 9072.003 |
|
until each municipality in whose corporate limits or |
|
extraterritorial jurisdiction the district is located has |
|
consented by ordinance or resolution to the creation of the |
|
district and to the inclusion of land in the district. |
|
Sec. 9072.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a) |
|
The district is created to serve a public purpose and benefit. |
|
(b) The district is created to accomplish the purposes of: |
|
(1) a water control and improvement district as |
|
provided by general law and Section 59, Article XVI, Texas |
|
Constitution; and |
|
(2) Section 52, Article III, Texas Constitution, that |
|
relate to the construction, acquisition, improvement, operation, |
|
or maintenance of macadamized, graveled, or paved roads, or |
|
improvements, including storm drainage, in aid of those roads. |
|
Sec. 9072.006. INITIAL DISTRICT TERRITORY. (a) The |
|
district is initially composed of the territory described by |
|
Section 2 of the Act enacting this chapter. |
|
(b) The boundaries and field notes contained in Section 2 of |
|
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: |
|
(1) organization, existence, or validity; |
|
(2) right to issue any type of bond for the purposes |
|
for which the district is created or to pay the principal of and |
|
interest on a bond; |
|
(3) right to impose a tax; or |
|
(4) legality or operation. |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 9072.051. GOVERNING BODY; TERMS. (a) The district is |
|
governed by a board of five elected directors. |
|
(b) Except as provided by Section 9072.052, directors serve |
|
staggered four-year terms. |
|
Sec. 9072.052. TEMPORARY DIRECTORS. (a) The temporary |
|
board consists of: |
|
(1) R. Hunt Winton III; |
|
(2) Chad H. Foster Jr.; |
|
(3) David Sawtelle; |
|
(4) Craig Leeder; and |
|
(5) Zach Feller. |
|
(b) Temporary directors serve until the earlier of: |
|
(1) the date permanent directors are elected under |
|
Section 9072.003; or |
|
(2) the fourth anniversary of the effective date of |
|
the Act enacting this chapter. |
|
(c) If permanent directors have not been elected under |
|
Section 9072.003 and the terms of the temporary directors have |
|
expired, successor temporary directors shall be appointed or |
|
reappointed as provided by Subsection (d) to serve terms that |
|
expire on the earlier of: |
|
(1) the date permanent directors are elected under |
|
Section 9072.003; or |
|
(2) the fourth anniversary of the date of the |
|
appointment or reappointment. |
|
(d) If Subsection (c) applies, the owner or owners of a |
|
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 |
|
petition. |
|
Sec. 9072.053. NOTICE OF DIRECTOR ELECTIONS. (a) A |
|
district shall print notice of an election for the election of |
|
directors on a bill or an invoice that the district sends to |
|
residents. |
|
(b) A notice for a director election must state: |
|
(1) the names of the candidates; and |
|
(2) the time and place of the election. |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 9072.101. GENERAL POWERS AND DUTIES. The district has |
|
the powers and duties necessary to accomplish the purposes for |
|
which the district is created. |
|
Sec. 9072.102. WATER CONTROL AND IMPROVEMENT DISTRICT |
|
POWERS AND DUTIES. The district has the powers and duties provided |
|
by the general law of this state, including Chapters 49 and 51, |
|
Water Code, applicable to water control and improvement districts |
|
created under Section 59, Article XVI, Texas Constitution. |
|
Sec. 9072.103. AUTHORITY FOR ROAD PROJECTS. Under Section |
|
52, Article III, Texas Constitution, the district may design, |
|
acquire, construct, finance, issue bonds for, improve, operate, |
|
maintain, and convey to this state, a county, or a municipality for |
|
operation and maintenance macadamized, graveled, or paved roads, or |
|
improvements, including storm drainage, in aid of those roads. |
|
Sec. 9072.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road |
|
project must meet all applicable construction standards, zoning and |
|
subdivision requirements, and regulations of each municipality in |
|
whose corporate limits or extraterritorial jurisdiction the 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, zoning and |
|
subdivision requirements, and regulations of each county in which |
|
the road project is located. |
|
(c) If the state will maintain and operate the road, the |
|
Texas Transportation Commission must approve the plans and |
|
specifications of the road project. |
|
Sec. 9072.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE |
|
OR RESOLUTION. The district shall comply with all applicable |
|
requirements of any ordinance or resolution that is adopted under |
|
Section 42.042 or 42.0425, Local Government Code, and consents to |
|
the creation of the district or to the inclusion of land in the |
|
district. |
|
Sec. 9072.106. DIVISION OF DISTRICT. (a) The district may |
|
be divided into two or more new districts only if the district: |
|
(1) has no outstanding bonded debt; and |
|
(2) is not imposing ad valorem taxes. |
|
(b) This chapter applies to any new district created by the |
|
division of the district, and a new district has all the powers and |
|
duties of the district. |
|
(c) Any new district created by the division of the district |
|
may not, at the time the new district is created, contain any land |
|
outside the area described by Section 2 of the Act enacting this |
|
chapter. |
|
(d) 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, may adopt an order dividing the |
|
district. |
|
(e) The board may adopt an order dividing the district |
|
before or after the date the board holds an election under Section |
|
9072.003 to confirm the district's creation. |
|
(f) An order dividing the district shall: |
|
(1) name each new district; |
|
(2) include the metes and bounds description of the |
|
territory of each new district; |
|
(3) appoint temporary directors for each new district; |
|
and |
|
(4) provide for the division of assets and liabilities |
|
between or among the new districts. |
|
(g) 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 Texas Commission on Environmental Quality and record the |
|
order in the real property records of each county in which the |
|
district is located. |
|
(h) Any new district created by the division of the district |
|
shall hold a confirmation and directors' election as required by |
|
Section 9072.003. |
|
(i) Any new district created by the division of the district |
|
must hold an election as required by this chapter to obtain voter |
|
approval before the district may impose a maintenance tax or issue |
|
bonds payable wholly or partly from ad valorem taxes. |
|
Sec. 9072.107. LIMITATION ON USE OF EMINENT DOMAIN. The |
|
district may exercise the power of eminent domain only to acquire an |
|
easement beneath the surface of real property and only if the |
|
easement does not affect the use of the surface of the real property |
|
overlying the easement. |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 9072.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The |
|
district may issue, without an election, bonds and other |
|
obligations secured by: |
|
(1) revenue other than ad valorem taxes; or |
|
(2) contract payments described by Section 9072.154. |
|
(b) The district must hold an election in the manner |
|
provided by Chapters 49 and 51, Water Code, to obtain voter approval |
|
before the district may impose an ad valorem tax or issue bonds |
|
payable from ad valorem taxes. |
|
(c) 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. |
|
Sec. 9072.152. NOTICE OF ELECTIONS REGARDING BONDS. (a) A |
|
district shall print notice of an election for the approval of bonds |
|
on a bill or an invoice that the district sends to residents. |
|
(b) A notice for a bond election must state: |
|
(1) the amount of bonds to be issued; |
|
(2) the interest rate on the bonds; and |
|
(3) the time and place of the election. |
|
Sec. 9072.153. OPERATION AND MAINTENANCE TAX. (a) If |
|
authorized at an election held under Section 9072.151, the district |
|
may impose an operation and maintenance tax on taxable property in |
|
the district in accordance with Section 49.107, Water Code. |
|
(b) The board shall determine the tax rate. The rate may not |
|
exceed the rate approved at the election. |
|
Sec. 9072.154. CONTRACT TAXES. (a) In accordance with |
|
Section 49.108, Water Code, the district may impose a tax other than |
|
an operation and maintenance tax and use the revenue derived from |
|
the tax to make payments under a contract after the provisions of |
|
the contract have been approved by a majority of the district voters |
|
voting at an election held for that purpose. |
|
(b) A contract approved by the district voters may contain a |
|
provision stating that the contract may be modified or amended by |
|
the board without further voter approval. |
|
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
|
Sec. 9072.201. AUTHORITY TO ISSUE BONDS AND OTHER |
|
OBLIGATIONS. The district may issue bonds or other obligations |
|
payable wholly or partly from ad valorem taxes, impact fees, |
|
revenue, contract payments, grants, or other district money, or any |
|
combination of those sources, to pay for any authorized district |
|
purpose. |
|
Sec. 9072.202. TAXES FOR BONDS. At the time the district |
|
issues bonds payable wholly or partly from ad valorem taxes, the |
|
board shall provide for the annual imposition of a continuing |
|
direct ad valorem tax, without limit as to rate or amount, while all |
|
or part of the bonds are outstanding as required and in the manner |
|
provided by Section 51.433, Water Code. |
|
Sec. 9072.203. BONDS FOR ROAD PROJECTS. 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 Kendall County Water Control and Improvement |
|
District No. 3 initially includes all the territory contained in |
|
the following area: |
|
BEGINNING, AT A FOUND 1/2 INCH IRON ROD FOR THE NORTHWESTERLY |
|
CORNER OF SAID 203.026 ACRE TRACT SITUATED ON THE EASTERLY LINE OF |
|
SAID 390.8354 ACRE TRACT, FOR THE SOUTHWESTERLY CORNER OF LOT 7, |
|
BLUEGRASS SUBDIVISION RECORDED IN VOLUME 1 PAGE 259, PLAT RECORDS, |
|
KENDALL COUNTY, TEXAS; |
|
THENCE, N 88° 43' 53" E, ALONG THE COMMON NORTHERLY LINE OF |
|
SAID 203.026 ACRE TRACT, THE SOUTHERLY LINE OF SAID BLUEGRASS |
|
SUBDIVISION AND THE SOUTHERLY LINE OF THAT CERTAIN 11.939 ACRE |
|
TRACT CONVEYED TO JOSEPH F. ALDERETE AND SUNNIE G. ALDERETE, VOLUME |
|
13181 PAGE 686, OFFICIAL PUBLIC RECORDS, KENDALL COUNTY, TEXAS, A |
|
DISTANCE OF 2403.97 FEET TO A 1/2 INCH IRON ROD FOUND FOR THE |
|
SOUTHEASTERLY CORNER OF SAID 11.939 ACRE TRACT AND THE |
|
SOUTHWESTERLY CORNER OF SAID 11.411 ACRE TRACT FOR AN INTERIOR ELL |
|
CORNER OF THIS TRACT; |
|
THENCE, N 01° 58' 14" E, ALONG THE COMMON EASTERLY LINE OF SAID |
|
11.939 ACRE TRACT AND THE WESTERLY LINE OF SAID 11.411 ACRE TRACT, A |
|
DISTANCE OF 563.88 FEET TO A SET 1/2 INCH IRON ROD WITH YELLOW |
|
PLASTIC CAP STAMPED "SHERWOOD SURVEYING" SITUATED ON THE |
|
SOUTHWESTERLY LINE OF SPRING HILL DRIVE FOR THE NORTHWESTERLY |
|
CORNER OF SAID 11.411 ACRE TRACT AND A NORTHERLY CORNER OF THIS |
|
TRACT; |
|
THENCE, ALONG THE SOUTHWESTERLY LINE OF SPRING HILL DRIVE AND |
|
THE NORTHEASTERLY LINE OF SAID 11.411 ACRE TRACT, THE FOLLOWING |
|
COURSES; |
|
S 85° 54' 52" E, A DISTANCE OF 90.13 FEET TO A SET 1/2 INCH IRON |
|
ROD WITH YELLOW PLASTIC CAP STAMPED "SHERWOOD SURVEYING" FOR A |
|
CORNER; |
|
S 81° 18' 20" E, A DISTANCE OF 159.61 FEET TO A FOUND 1/2 INCH |
|
IRON ROD WITH PLASTIC CAP STAMPED "PFIEFFER SURVEY" FOR A CORNER; |
|
S 35° 30' 11" E, A DISTANCE OF 96.80 FEET TO A FOUND 1/2 INCH |
|
IRON ROD WITH PLASTIC CAP STAMPED "PFIEFFER SURVEY" FOR A CORNER; |
|
S 63° 01' 09" E, A DISTANCE OF 209.90 FEET TO A FOUND 1/2 INCH |
|
IRON ROD WITH PLASTIC CAP STAMPED "PFIEFFER SURVEY" FOR A CORNER; |
|
S 52° 37' 18" E, A DISTANCE OF 160.01 FEET TO A SET 1/2 INCH |
|
IRON ROD WITH YELLOW PLASTIC CAP STAMPED "SHERWOOD SURVEYING" FOR A |
|
CORNER; |
|
S 26° 32' 38" E, A DISTANCE OF 525.06 FEET TO A FOUND 1/2 INCH |
|
IRON ROD AT THE INTERSECTION OF THE SOUTHWESTERLY RIGHT OF WAY LINE |
|
OF SPRING HILL DRIVE AND THE NORTHERLY RIGHT OF WAY LINE OF VALERIE |
|
LANE FOR A NORTHEASTERLY CORNER OF THIS TRACT; |
|
THENCE, ALONG THE COMMON NORTHERLY AND EASTERLY LINE OF |
|
VALERIE LANE AND THE SOUTHEASTERLY LINE OF SAID 11.411 ACRE TRACT, |
|
THE FOLLOWING COURSES: |
|
N 89° 20' 05" W, A DISTANCE OF 241.15 FEET TO A 1/2 INCH IRON |
|
ROD FOUND FOR A CORNER OF THIS TRACT; |
|
S 01° 04' 09" E, A DISTANCE OF 224.75 FEET TO A FOUND PK NAIL |
|
FOR THE NORTHEASTERLY CORNER OF THAT CERTAIN 2.00 ACRE TRACT |
|
DESCRIBED AS A SAVE AND EXCEPT TRACT IN VOLUME 1145, PAGE 349 |
|
OFFICIAL PUBLIC RECORDS, KENDALL COUNTY, TEXAS; |
|
THENCE, S 89° 29' 44" W, ALONG THE NORTHERLY LINE OF SAID 2.00 |
|
ACRE TRACT, A DISTANCE OF 367.05 FEET TO A FOUND 1/2 INCH IRON ROD |
|
FOR THE NORTHWESTERLY CORNER OF SAID 2.00 ACRE TRACT AND AN INTERIOR |
|
ELL CORNER OF THIS TRACT; |
|
THENCE, S 00° 13' 21" E, ALONG THE WESTERLY LINE OF SAID 2.00 |
|
ACRE TRACT, A DISTANCE OF 236.47 FEET TO A FOUND 8 INCH WOOD POST FOR |
|
THE SOUTHWESTERLY CORNER OF SAID 2.00 ACRE TRACT AND AN INTERIOR ELL |
|
CORNER OF THIS TRACT; |
|
THENCE, N 89° 47' 41" E, ALONG THE SOUTHERLY LINE OF SAID 2.00 |
|
ACRE TRACT, A DISTANCE OF 365.48 FEET TO A FOUND 6 INCH CEDAR POST |
|
SITUATED ON THE WESTERLY LINE OF VALERIE LANE FOR THE SOUTHEASTERLY |
|
CORNER OF SAID 2.00 ACRE TRACT AND A CORNER OF THIS TRACT; |
|
THENCE, S 00° 10' 18" W, ALONG THE COMMON WESTERLY LINE OF SAID |
|
VALERIE LANE AND THE EASTERLY LINE OF SAID 203.026 ACRE TRACT, A |
|
DISTANCE OF 2520.79 FEET TO A SET 1/2 INCH IRON ROD WITH YELLOW |
|
PLASTIC CAP STAMPED "SHERWOOD SURVEYING" AT THE INTERSECTION OF THE |
|
WESTERLY LINE OF VALERIE LANE AND THE NORTHERLY LINE OF COREY ROAD |
|
FOR THE SOUTHEASTERLY CORNER OF THIS TRACT; |
|
THENCE, ALONG THE COMMON SOUTHERLY LINE OF SAID 203.026 ACRE |
|
TRACT, PARTIALLY ALONG THE SOUTHERLY LINE OF SAID 390.8354 ACRE |
|
TRACT AND THE NORTHERLY LINE OF COREY ROAD, THE FOLLOWING COURSES; |
|
S 89° 23' 37" W, A DISTANCE OF 2220.90 FEET TO A SET 1/2 INCH |
|
IRON ROD WITH YELLOW PLASTIC CAP STAMPED "SHERWOOD SURVEYING" FOR A |
|
CORNER; |
|
N 81° 11' 50" W, A DISTANCE OF 1868.37 FEET TO A FOUND 6 INCH |
|
WOOD POST AT THE NORTHWESTERLY CORNER OF THE TERMINUS OF CORLEY |
|
ROAD; |
|
THENCE, S 01° 30' 22" E, ALONG THE WESTERLY TERMINUS OF CORLEY |
|
ROAD, A DISTANCE OF 28.23 FEET TO A FOUND 3/4 INCH IRON ROD MARKING |
|
THE NORTHWESTERLY CORNER OF SAID 76.957 ACRE TRACT, BEING THE |
|
EASTERLY LINE OF SAID 390.8354 ACRE TRACT; |
|
THENCE, S 81° 24' 55" E, ALONG THE SOUTHERLY RIGHT-OF-WAY LINE |
|
OF CORLEY ROAD, BEING THE NORTHERLY LINE OF SAID 76.957 ACRE TRACT, |
|
A DISTANCE OF 1169.43 FEET TO A FOUND 6 INCH WOOD POST MARKING THE |
|
NORTHEASTERLY CORNER OF SAID 76.957 ACRE TRACT, BEING THE |
|
NORTHWESTERLY CORNER OF THAT CERTAIN 5.794 ACRE TRACT CONVEYED TO |
|
CAROLYN G. BIEDENHARN BY DEED OF RECORD IN VOLUME 1455, PAGE 283 OF |
|
SAID OFFICIAL PUBLIC RECORDS; |
|
THENCE, LEAVING THE SOUTHERLY RIGHT-OF-WAY LINE OF CORLEY |
|
ROAD, ALONG THE COMMON BOUNDARY LINE OF SAID 76.957 ACRE TRACT AND |
|
SAID 5.794 ACRE TRACT, THE FOLLOWING COURSES: |
|
S 00° 14' 59" E, A DISTANCE OF 352.90 FEET TO A FOUND 6 INCH |
|
WOOD POST; |
|
S 66° 35' 17" W, A DISTANCE OF 55.14 FEET TO A FOUND 1/2 INCH |
|
IRON ROD; |
|
S 25° 31' 49" W, A DISTANCE OF 63.64 FEET TO A FOUND 6 INCH WOOD |
|
POST; |
|
S 00° 16' 44" E, A DISTANCE OF 181.07 FEET TO A FOUND 1/2 INCH |
|
IRON ROD MARKING THE SOUTHWESTERLY CORNER OF SAID 5.794 ACRE TRACT; |
|
N 88° 44' 30" E, A DISTANCE OF 616.61 FEET TO A FOUND 1/2 INCH |
|
IRON ROD IN THE WESTERLY LINE OF AN EXISTING 1.418 ACRE ACCESS |
|
EASEMENT OF RECORD IN VOLUME 8375, PAGE 676 OF SAID OFFICIAL PUBLIC |
|
RECORDS, BEING AN EASTERLY CORNER OF SAID 76.957 ACRE TRACT; |
|
THENCE, S 08° 49' 02" W, ALONG THE COMMON BOUNDARY LINE OF SAID |
|
76.957 ACRE TRACT AND SAID 1.418 ACRE ACCESS EASEMENT, A DISTANCE OF |
|
1740.36 FEET TO A FOUND 1/2 INCH IRON ROD MARKING THE SOUTHEASTERLY |
|
CORNER OF SAID 76.957 ACRE TRACT, BEING THE NORTHEASTERLY CORNER OF |
|
SAID 40.0289 ACRE TRACT; |
|
THENCE, ALONG THE COMMON BOUNDARY LINE OF SAID 40.0289 ACRE |
|
TRACT AND SAID 1.418 ACRE ACCESS EASEMENT, THE FOLLOWING COURSES: |
|
S 08° 45' 27" W, A DISTANCE OF 1711.94 FEET TO A FOUND 2 INCH |
|
METAL POST; |
|
S 28° 28' 37" W, A DISTANCE OF 48.72 FEET TO A 6 INCH WOOD POST |
|
MARKING THE SOUTHEASTERLY CORNER OF SAID 40.0289 ACRE TRACT, BEING |
|
THE NORTHEASTERLY CORNER OF SAID 2.1303 ACRE TRACT; |
|
THENCE, S 27° 25' 24" W, ALONG THE SOUTHEASTERLY LINE OF SAID |
|
2.1303 ACRE TRACT, A DISTANCE OF 133.99 FEET TO A FOUND "X" ON |
|
CONCRETE DAM MARKING THE SOUTHERLY CORNER OF SAID 2.1303 ACRE |
|
TRACT, BEING IN THE NORTHERLY LINE OF THAT CERTAIN REMAINDER OF |
|
236.272 ACRE TRACT CONVEYED TO BALCONES CREEK, LTD. BY DEED OF |
|
RECORD IN VOLUME 1194, PAGE 227 OF SAID OFFICIAL PUBLIC RECORDS; |
|
THENCE, ALONG THE COMMON BOUNDARY LINE OF SAID 2.1303 ACRE |
|
TRACT AND SAID REMAINDER OF 236.272 ACRE TRACT, BEING THE |
|
APPROXIMATE CENTERLINE OF BALCONES CREEK, THE FOLLOWING COURSES: |
|
N 52° 10' 12" W, A DISTANCE OF 235.12 FEET TO A POINT; |
|
N 42° 58' 10" W, A DISTANCE OF 452.26 FEET TO A POINT MARKING |
|
THE NORTHEASTERLY CORNER OF SAID 97.23 ACRE TRACT; |
|
THENCE, ALONG THE COMMON BOUNDARY LINES OF SAID 97.23 ACRE |
|
TRACT AND SAID REMAINDER OF 236.272 ACRE TRACT, THE FOLLOWING |
|
COURSES: |
|
S 43° 26' 22" W, A DISTANCE OF 45.12 FEET TO A SET 1/2 INCH IRON |
|
ROD WITH YELLOW PLASTIC CAP STAMPED "SHERWOOD SURVEYING"; |
|
S 26° 12' 45" W, A DISTANCE OF 160.75 FEET TO A SET 1/2 INCH |
|
IRON ROD WITH YELLOW PLASTIC CAP STAMPED "SHERWOOD SURVEYING"; |
|
S 19° 12' 45" W, A DISTANCE OF 202.73 FEET TO A SET 1/2 INCH |
|
IRON ROD WITH YELLOW PLASTIC CAP STAMPED "SHERWOOD SURVEYING"; |
|
S 86° 10' 45" W, A DISTANCE OF 14.30 FEET TO A SET 1/2 INCH IRON |
|
ROD WITH YELLOW PLASTIC CAP STAMPED "SHERWOOD SURVEYING"; |
|
S 08° 50' 15" E, A DISTANCE OF 27.58 FEET TO A SET 1/2 INCH IRON |
|
ROD WITH YELLOW PLASTIC CAP STAMPED "SHERWOOD SURVEYING"; |
|
S 22° 15' 30" W, A DISTANCE OF 1741.52 FEET TO FOUND 1/2 INCH |
|
IRON ROD WITH SCHWARTZ 4760 RED CAP MARKING THE SOUTHEASTERLY |
|
CORNER OF SAID 97.23 ACRE TRACT; |
|
S 89° 59' 22" W, A DISTANCE OF 1293.60 FEET TO A FOUND 1/2 INCH |
|
IRON ROD WITH SCHWARTZ 4760 RED CAP MARKING THE SOUTHWESTERLY |
|
CORNER OF SAID 97.23 ACRE TRACT, BEING THE NORTHWESTERLY CORNER OF |
|
SAID REMAINDER OF 236.272 ACRE TRACT, SAME BEING IN THE EASTERLY |
|
LINE OF THAT CERTAIN 186.360 ACRE TRACT CONVEYED TO ROBERT B. CALDER |
|
BY DEED OF RECORD IN VOLUME 4632, PAGE 1394 OF SAID OFFICIAL PUBLIC |
|
RECORDS FOR THE SOUTHERNMOST SOUTHWESTERLY CORNER HEREOF; |
|
THENCE, ALONG THE COMMON BOUNDARY LINES OF SAID 97.23 ACRE |
|
TRACT AND SAID 186.360 ACRE TRACT, THE FOLLOWING COURSES: |
|
N 00° 18' 50" W, A DISTANCE OF 594.05 FEET TO A SET 1/2 INCH |
|
IRON ROD WITH YELLOW PLASTIC CAP STAMPED "SHERWOOD SURVEYING"; |
|
N 00° 08' 26" W, A DISTANCE OF 492.67 FEET TO A SET 1/2 INCH |
|
IRON ROD WITH YELLOW PLASTIC CAP STAMPED "SHERWOOD SURVEYING"; |
|
N 00° 05' 03" E, A DISTANCE OF 412.91 FEET A SET 1/2 INCH IRON |
|
ROD WITH YELLOW PLASTIC CAP STAMPED "SHERWOOD SURVEYING"; |
|
N 00° 15' 34" E, A DISTANCE OF 569.88 FEET TO A SET 1/2 INCH |
|
IRON ROD WITH YELLOW PLASTIC CAP STAMPED "SHERWOOD SURVEYING"; |
|
N 00° 26' 43" E, A DISTANCE OF 121.10 FEET TO A POINT IN THE |
|
APPROXIMATE CENTERLINE OF BALCONES CREEK MARKING THE NORTHWESTERLY |
|
CORNER OF SAID 97.23 ACRE TRACT AND BEING THE NORTHEASTERLY CORNER |
|
OF SAID 186.360 ACRE TRACT, BEING A POINT IN THE SOUTHERLY LINE OF |
|
THAT CERTAIN 36.430 ACRE TRACT CONVEYED TO STANLEY OWENS AND KATIE |
|
A. OWENS BY DEED OF RECORD IN VOLUME 1428, PAGE 515 OF SAID OFFICIAL |
|
PUBLIC RECORDS; |
|
THENCE, S 70° 14' 35" E, ALONG THE COMMON BOUNDARY LINE OF SAID |
|
36.430 ACRE TRACT AND SAID 97.23 ACRE TRACT, A DISTANCE OF 2.12 FEET |
|
TO A POINT MARKING THE SOUTHWESTERLY CORNER OF SAID 1.0097 ACRE |
|
TRACT AND THE SOUTHEASTERLY CORNER OF SAID 36.430 ACRE TRACT; |
|
THENCE, N 00° 12' 33" W, ALONG THE EASTERLY LINE OF SAID 36.430 |
|
ACRE TRACT, BEING THE WESTERLY LINES OF SAID 1.0097 ACRE TRACT AND |
|
SAID 390.8354 ACRE TRACT, A DISTANCE OF 1317.77 FEET TO A FOUND 1/2 |
|
INCH IRON ROD; |
|
THENCE, N 00° 00' 45" W, ALONG THE EASTERLY LINE OF SAID 36.430 |
|
ACRE TRACT AND THE EASTERLY LINE OF THAT CERTAIN 95.268 ACRE TRACT |
|
CONVEYED TO SUELTENFUSS RANCH LP BY DEED OF RECORD IN VOLUME 1135, |
|
PAGE 820 OF SAID OFFICIAL PUBLIC RECORDS, BEING THE WESTERLY LINE OF |
|
SAID 390.8354 ACRE TRACT, A DISTANCE OF 1460.15 FEET TO A FOUND 8 |
|
INCH WOOD POST MARKING THE NORTHEASTERLY CORNER OF SAID 95.268 ACRE |
|
TRACT, BEING THE SOUTHEASTERLY CORNER OF SAID 62.886 ACRE TRACT; |
|
THENCE, ALONG THE COMMON BOUNDARY LINE OF SAID 95.268 ACRE |
|
TRACT AND SAID 62.886 ACRE TRACT, THE FOLLOWING COURSES: |
|
S 80° 52' 53" W, A DISTANCE OF 858.86 FEET TO A FOUND 8 INCH |
|
WOOD POST; |
|
N 85° 33' 03" W, A DISTANCE OF 980.80 FEET TO A FOUND 8 INCH |
|
WOOD POST; |
|
S 78° 21' 51" W, A DISTANCE OF 1594.30 FEET TO A FOUND 1/2 INCH |
|
IRON ROD IN THE EASTERLY RIGHT-OF-WAY LINE OF UPPER BALCONES ROAD |
|
FOR THE WESTERNMOST SOUTHWESTERLY CORNER HEREOF; |
|
THENCE, ALONG THE EASTERLY RIGHT-OF-WAY LINE OF UPPER |
|
BALCONES ROAD, THE FOLLOWING COURSES: |
|
N 21° 24' 28" W, A DISTANCE OF 702.03 FEET TO A SET 1/2 INCH |
|
IRON ROD WITH YELLOW PLASTIC CAP STAMPED "SHERWOOD SURVEYING"; |
|
N 10° 04' 11" W, A DISTANCE OF 69.72 FEET TO A SET 1/2 INCH IRON |
|
ROD WITH YELLOW PLASTIC CAP STAMPED "SHERWOOD SURVEYING"; |
|
N 08° 00' 25" W, A DISTANCE OF 297.59 FEET TO A FOUND 1/2 INCH |
|
IRON ROD; |
|
N 08° 10' 05" W, A DISTANCE OF 43.41 FEET TO A SET 1/2 INCH IRON |
|
ROD WITH YELLOW PLASTIC CAP STAMPED "SHERWOOD SURVEYING"; |
|
N 03° 52' 51" W, A DISTANCE OF 107.16 FEET TO A SET 1/2 INCH |
|
IRON ROD WITH YELLOW PLASTIC CAP STAMPED "SHERWOOD SURVEYING"; |
|
N 03° 16' 49" W, A DISTANCE OF 119.06 FEET TO A SET 1/2 INCH |
|
IRON ROD WITH YELLOW PLASTIC CAP STAMPED "SHERWOOD SURVEYING"; |
|
N 00° 22' 45" W, A DISTANCE OF 151.30 FEET TO A SET 1/2 INCH |
|
IRON ROD WITH YELLOW PLASTIC CAP STAMPED "SHERWOOD SURVEYING"; |
|
N 05° 31' 35" W, A DISTANCE OF 281.80 FEET TO A FOUND 1/2 INCH |
|
IRON ROD; |
|
N 05° 14' 21" W, A DISTANCE OF 491.54 FEET TO A FOUND 1/2 INCH |
|
IRON ROD MARKING THE NORTHWESTERLY CORNER OF SAID 31.823 ACRE |
|
TRACT, BEING THE SOUTHWESTERLY CORNER OF THAT CERTAIN 96.338 ACRE |
|
TRACT CONVEYED TO WILLIAM ROBERT SMITH III BY DEED OF RECORD IN |
|
VOLUME 1365, PAGE 681 OF SAID OFFICIAL PUBLIC RECORDS, FOR THE |
|
WESTERNMOST NORTHWESTERLY CORNER HEREOF; |
|
THENCE, LEAVING THE EASTERLY RIGHT-OF-WAY LINE OF UPPER |
|
BALCONES ROAD, ALONG THE COMMON BOUNDARY LINE OF SAID 96.338 ACRE |
|
TRACT AND SAID 31.823 ACRE TRACT, THE FOLLOWING COURSES: |
|
N 84° 12' 22" E, A DISTANCE OF 488.79 FEET TO A FOUND 1/2 INCH |
|
IRON ROD WITH PFIEFFER SURVEY CAP; |
|
S 89° 32' 02" E, A DISTANCE OF 1078.27 FEET TO A FOUND 1/2 INCH |
|
IRON ROD WITH PFIEFFER SURVEY CAP; |
|
N 79° 52' 56" E, A DISTANCE OF 898.04 FEET TO A FOUND 1/2 INCH |
|
IRON ROD WITH PFIEFFER SURVEY CAP MARKING THE NORTHEASTERLY CORNER |
|
OF SAID 31.823 ACRE TRACT, BEING THE NORTHWESTERLY CORNER OF SAID |
|
27.94 ACRE TRACT; |
|
THENCE, N 73° 11' 05" E, ALONG THE COMMON BOUNDARY LINE OF SAID |
|
96.338 ACRE TRACT AND SAID 27.94 ACRE TRACT, A DISTANCE OF 1400.68 |
|
FEET TO A FOUND 1/2 INCH IRON ROD MARKING THE SOUTHEASTERLY CORNER |
|
OF SAID 96.338 ACRE TRACT, BEING THE NORTHEASTERLY CORNER OF SAID |
|
27.94 ACRE TRACT, SAME BEING IN THE WESTERLY LINE OF SAID 390.8354 |
|
ACRE TRACT AND AN INTERIOR ELL CORNER HEREOF; |
|
THENCE, N 00° 19' 46" E, ALONG THE EASTERLY LINES OF SAID |
|
96.338 ACRE TRACT AND THE EASTERLY LINE OF THAT CERTAIN 183.328 ACRE |
|
TRACT CONVEYED TO DOLORES ANN HOLMAN BY DEED OF RECORD IN VOLUME 92, |
|
PAGE 259 OF SAID DEED RECORDS, BEING THE WESTERLY LINE OF SAID |
|
390.8354 ACRE TRACT, A DISTANCE OF 2888.59 FEET TO A FOUND 1/2 INCH |
|
IRON ROD MARKING THE NORTHWESTERLY CORNER OF SAID 390.8354 ACRE |
|
TRACT, BEING THE SOUTHWESTERLY CORNER OF THAT CERTAIN 40.592 ACRE |
|
TRACT CONVEYED TO PATRICK EITTER AND SPOUSE GISELLE EITTER BY DEED |
|
OF RECORD IN VOLUME 1381, PAGE 542 OF SAID OFFICIAL PUBLIC RECORDS, |
|
FOR THE NORTHERNMOST NORTHWESTERLY CORNER HEREOF; |
|
THENCE, ALONG THE COMMON BOUNDARY LINE OF SAID 390.8354 ACRE |
|
TRACT AND SAID 40.592 ACRE TRACT, THE FOLLOWING COURSES: |
|
S 89° 59' 55" E, A DISTANCE OF 377.50 FEET TO A FOUND 1/2 INCH |
|
IRON ROD; |
|
N 89° 38' 49" E, A DISTANCE OF 842.65 FEET TO A FOUND 1/2 INCH |
|
IRON ROD; |
|
S 89° 14' 25" E, A DISTANCE OF 1323.68 FEET TO A FOUND 1/2 INCH |
|
IRON ROD MARKING THE NORTHWESTERLY CORNER OF LOT 6 OF SAID BLUEGRASS |
|
SUBDIVISION, BEING THE NORTHEASTERLY CORNER OF SAID 390.8354 ACRE |
|
TRACT; |
|
THENCE, ALONG THE A PORTION OF THE COMMON BOUNDARY LINE OF |
|
SAID 390.8354 ACRE TRACT AND SAID BLUEGRASS SUBDIVISION, THE |
|
FOLLOWING COURSES: |
|
S 00° 48' 52" E, A DISTANCE OF 753.20 FEET TO A FOUND 1/2 INCH |
|
IRON ROD; |
|
S 00° 50' 20" E, A DISTANCE OF 736.92 FEET TO THE POINT OF |
|
BEGINNING, CONTAINING AN AREA OF 1012.262 ACRES OF LAND, MORE OR |
|
LESS. |
|
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 9072.107, 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 9072, Special |
|
District Local Laws Code, as added by Section 1 of this Act, is |
|
amended by adding Section 9072.107 to read as follows: |
|
Sec. 9072.107. 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. 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, 2017. |