|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the creation of the Magnolia Woods Municipal Utility |
|
District No. 1; 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 F, Title 6, Special District Local Laws |
|
Code, is amended by adding Chapter 8257 to read as follows: |
|
CHAPTER 8257. MAGNOLIA WOODS MUNICIPAL UTILITY DISTRICT NO. 1 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8257.0101. 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 Magnolia Woods Municipal |
|
Utility District No. 1. |
|
Sec. 8257.0102. NATURE OF DISTRICT. The district is a |
|
municipal utility district created under Section 59, Article XVI, |
|
Texas Constitution. |
|
Sec. 8257.0103. CONFIRMATION AND DIRECTOR 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. 8257.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
|
temporary directors may not hold an election under Section |
|
8257.0103 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. 8257.0105. 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 municipal utility 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. 8257.0106. 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. 8257.0201. GOVERNING BODY; TERMS. (a) The district is |
|
governed by a board of five elected directors. |
|
(b) Except as provided by Section 8257.0202, directors |
|
serve staggered four-year terms. |
|
Sec. 8257.0202. TEMPORARY DIRECTORS. (a) The temporary |
|
board consists of: |
|
(1) Paul West; |
|
(2) Lisa Belus; |
|
(3) Ashley Bird; |
|
(4) Craig Lobel; and |
|
(5) Ty Hunter Fox. |
|
(b) Temporary directors serve until the earlier of: |
|
(1) the date permanent directors are elected under |
|
Section 8257.0103; 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 8257.0103 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 8257.0103; 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. |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8257.0301. GENERAL POWERS AND DUTIES. The district |
|
has the powers and duties necessary to accomplish the purposes for |
|
which the district is created. |
|
Sec. 8257.0302. MUNICIPAL UTILITY DISTRICT POWERS AND |
|
DUTIES. The district has the powers and duties provided by the |
|
general law of this state, including Chapters 49 and 54, Water Code, |
|
applicable to municipal utility districts created under Section 59, |
|
Article XVI, Texas Constitution. |
|
Sec. 8257.0303. 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. 8257.0304. 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, |
|
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. 8257.0305. 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 54.016 or 54.0165, Water Code, and that |
|
consents to the creation of the district or to the inclusion of land |
|
in the district. |
|
Sec. 8257.0306. DIVISION OF DISTRICT. (a) The district may |
|
be divided into two or more new districts only if the district: |
|
(1) has never issued any bonds; 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) 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 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 |
|
8257.0103 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 commission and record the order in the real property |
|
records of each county in which the district is located. |
|
(h) A new district created by the division of the district |
|
shall hold a confirmation and directors' election as required by |
|
Section 8257.0103. |
|
(i) If the creation of the new district is confirmed, the |
|
new district shall provide the election date and results to the |
|
commission. |
|
(j) 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. |
|
(k) Municipal consent to the creation of the district and to |
|
the inclusion of land in the district granted under Section |
|
8257.0104 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. |
|
SUBCHAPTER D. DEFINED AREAS |
|
Sec. 8257.0401. AUTHORITY TO ESTABLISH DEFINED AREAS OR |
|
DESIGNATED PROPERTY. The district may define areas or designate |
|
certain property of the district to pay for improvements, |
|
facilities, or services that primarily benefit that area or |
|
property and do not generally and directly benefit the district as a |
|
whole. |
|
Sec. 8257.0402. PROCEDURE FOR ELECTION. (a) Before the |
|
district may impose an ad valorem tax applicable only to the defined |
|
area or designated property or issue bonds payable from ad valorem |
|
taxes of the defined area or designated property, the board shall |
|
hold an election in the defined area or designated property only. |
|
(b) The board may submit the proposition to the voters on |
|
the same ballot to be used in another election. |
|
Sec. 8257.0403. DECLARING RESULT AND ISSUING ORDER. (a) If |
|
a majority of the voters voting at the election held under Section |
|
8257.0402 approve the proposition or propositions, the board shall |
|
declare the results and, by order, shall establish the defined area |
|
or designated property and describe it by metes and bounds or |
|
designate the specific area or property. |
|
(b) A court may not review the board's order except on the |
|
ground of fraud, palpable error, or arbitrary and confiscatory |
|
abuse of discretion. |
|
Sec. 8257.0404. TAXES FOR SERVICES, IMPROVEMENTS, AND |
|
FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter |
|
approval and adoption of the order described by Section 8257.0403, |
|
the district may apply separately, differently, equitably, and |
|
specifically its taxing power and lien authority to the defined |
|
area or designated property to provide money to construct, |
|
administer, maintain, and operate services, improvements, and |
|
facilities that primarily benefit the defined area or designated |
|
property. |
|
Sec. 8257.0405. ISSUANCE OF BONDS FOR DEFINED AREA OR |
|
DESIGNATED PROPERTY. After the order under Section 8257.0403 is |
|
adopted, the district may issue bonds to provide for any land, |
|
improvements, facilities, plants, equipment, and appliances for |
|
the defined area or designated property. |
|
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
|
Sec. 8257.0501. 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 8257.0503. |
|
(b) The district must hold an election in the manner |
|
provided by Chapters 49 and 54, 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. 8257.0502. OPERATION AND MAINTENANCE TAX. (a) If |
|
authorized at an election held under Section 8257.0501, 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. 8257.0503. 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 F. BONDS AND OTHER OBLIGATIONS |
|
Sec. 8257.0601. 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. 8257.0602. 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 Sections 54.601 and 54.602, Water Code. |
|
Sec. 8257.0603. 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 Magnolia Woods Municipal Utility District |
|
No. 1 initially includes all the territory contained in the |
|
following area: |
|
TRACT ONE: |
|
Description of a 4,286.698 acre tract of land, Save and |
|
Except a 0.057 acre tract described in Warranty Deed to |
|
Lufkin-Conroe Telephone Exchange recorded under Montgomery County |
|
Clerk's File Number 9556511, out of the called 4,300.288 acre tract |
|
described in Special Warranty Deed from BST Timberlands of Texas to |
|
Woodard Ranch West, LP, recorded under Montgomery County Clerk's |
|
File Number 2005-064857 and also out of the tracts described in |
|
Special Warranty Deed to Magnolia Timber Partners, LP recorded |
|
under Volume 553, Page 001 of the Deed Records of Waller County |
|
Texas, Volume 849, Page 205 of the Deed Records of Grimes County, |
|
Texas, and Montgomery County Clerk's File Number 968009; and |
|
located in the Joseph C. Ferguson Survey, Abstract 221, Montgomery |
|
County, Alexander Robblis Survey, Abstract 464, Montgomery County |
|
and Abstract 400, Grimes County, H. M. Bullock Survey, Abstract 96, |
|
Grimes County, Robert Elgin Survey, Abstract 199, Montgomery |
|
County, R. O. Lusk Survey, Abstract 312, Montgomery County, and |
|
Abstract 299 Grimes County James M. Hamm Survey, Abstract 263, |
|
Montgomery County, James Pierpont Survey, Abstract 426, Montgomery |
|
County, Robert Watson Survey, Abstract 605, Montgomery County and |
|
Abstract 271, Waller County, and also located in Grimes County, |
|
Waller County, and Montgomery County, Texas and more particularly |
|
described as follows: |
|
BEGINNING at a 5/8 inch iron rod with cap marked "Carter & |
|
Burgess" set in the west right-of-way of FM 1774 (100.0 feet wide |
|
per Volume 219, Page 423, Volume 252, Page 343, Volume 252, Page |
|
344, Volume 257, Page 71, Volume 254, Page 556, Volume 215, Page |
|
512, and Volume 218, Page 2 of Montgomery County Deed Records) and |
|
in the north line of said Woodard Ranch West, LP tract and the south |
|
line of the called 1,995.300 acre tract described in Special |
|
Warranty Deed to the Charles Eugene Campbell Marital Trust recorded |
|
under Montgomery County Clerk's File Number 2004-058220; |
|
THENCE South 02 Degrees 34 Minutes 58 Seconds East, with west |
|
right-of-way line of FM 1486, a distance of 3459.57 feet to a set |
|
5/8 inch iron rod with rap marked "Carter & Burgess"; |
|
THENCE South 03 Degrees 11 Minutes 11 Seconds East, |
|
continuing with the west right-of-way line of FM 1486, a distance of |
|
2100.08 feet to a 5/8 inch iron rod with cap marked "Carter & |
|
Burgess" set for the northeast corner of a called 30.7877 acre tract |
|
described in deed to Tim Halfin recorded under Montgomery County |
|
Clerk's File Number 9868341; |
|
THENCE South 02 Degrees 34 Minutes 20 Seconds East, |
|
continuing with the west right-of-way line of FM 1486, a distance of |
|
551.60 feet to a 5/8 inch iron rod with rap marked "Carter & |
|
Burgess" set for corner; |
|
THENCE South 87 Degrees 03 Minutes 39 Seconds West, with the |
|
north line of said Tim Halfin tract and the south line of said |
|
Woodard Ranch West, LP tract, at a distance of 4.17 feet passing a |
|
rod in concrete, a total distance of 1433.74 feet to a 1 inch iron |
|
pipe found for the northwest corner of said Rim Halfin tract and a |
|
corner of said Woodard Ranch West, LP tract; |
|
THENCE South 02 Degrees 57 Minutes 58 Seconds East, with the |
|
west line of the said Jack Halfin tract, the west line of the called |
|
7.50 acre tract described in deed to Robert Mautz recorded under |
|
Montgomery County Clerk's File Number 9895592, the west line of the |
|
called 5.00 acre tract described in deed to Fred Muzkya recorded |
|
under Montgomery County Clerk's File Number 99074582, the west line |
|
of the called 10 acre tract described in deed to Fred Muyzka |
|
recorded under Montgomery County Clerk's File Number 99074581, the |
|
west line of the called 10.00 acre tract described in deed to David |
|
McDonald recorded under Montgomery County Clerk File Number |
|
9812063, and the west line of the called 60.80 acre tract described |
|
in deed to Brenda Smith recorded under Montgomery County Clerk's |
|
File Number 8005582, and the east line of said Woodard Ranch West, |
|
LP tract, a distance of 3750.82 feet to a bolt in concrete found for |
|
the northwest corner of said Brenda Smith tract and a corner of said |
|
Woodard Ranch West, LP tract; |
|
THENCE North 87 Degrees 05 Minutes 09 Seconds East, with the |
|
south line of said Brenda Smith tract and the north line of said |
|
Woodard Ranch West, LP tract, at a distance of 1411.99 feet passing |
|
a found concrete monument, a total distance of 1416.40 feet to a 5/8 |
|
inch iron rod with cap marked "Carter & Burgess" set for corner in |
|
the west right-of-way line of FM 1486; |
|
THENCE South 02 Degrees 44 Minutes 42 Seconds East, with the |
|
west right-of-way line of FM 1486, a distance of 196.91 feet to a |
|
5/8 inch iron rod with cap marked "Carter & Burgess" set for corner; |
|
THENCE South 02 Degrees 56 Minutes 32 Seconds East, with the |
|
west right-of-way line of FM 1486, a distance of 1741.20 feet to a |
|
5/8 inch iron rod with cap masked "Carter& Burgess" set for the |
|
northeast corner of the called 10.00 acre tract described in deed to |
|
Magnolia Independent School District recorded under Montgomery |
|
County Clerk's File Number 9350680; |
|
THENCE South 87 Degrees 11 Minutes 27 Seconds West, with the |
|
north line of said Magnolia Independent School District tract and |
|
the south line of said Woodard Ranch West, LP tract, a distance of |
|
661.95 feet to a 5/8 inch iron rod with cap found for the northwest |
|
corner of said Magnolia Independent School District; |
|
THENCE South 02 Degrees 48 Minutes 41 Seconds East, with the |
|
west line of said Magnolia Independent School District tract and |
|
the east line of said Woodard Ranch West, LP tract, a distance of |
|
660.21, feet to a 5/8 inch iron rod with cap found for the southwest |
|
corner of said Magnolia Independent School District tract; |
|
THENCE North 87 Degrees 10 Minutes 30 Seconds East, with the |
|
south line of said Magnolia Independent School District tract and |
|
the north line of said Woodard Ranch West, LP tract, a distance of |
|
663.46 feet to a 5/8 inch iron rod with cap marked "Carter & |
|
Burgess" act in the west right-of-way line of FM 1486; |
|
THENCE South 02 Degrees 56 Minutes 32 Seconds East, with the |
|
west right-of-way line of FM 1486, a distance of 1510.35 feet to a |
|
set 5/8 inch iron rod with cap marked "Carter& Burgess"; |
|
THENCE South 01 Degrees 35 Minutes 42 Seconds East, |
|
continuing with the west right-of-way line of FM 1486, a distance of |
|
755.41 feet to a point in the center of Mill Creek; |
|
THENCE with the center of Mill Creek the following calls: |
|
North 66 Degrees 29 Minutes 42 Seconds West, a distance of 153 |
|
feet; |
|
North 47 Degrees 03 Minutes 46 Seconds West, a distance of |
|
25.15 feet; |
|
North 15 Degrees 23 Minutes 49 Seconds West, a distance of |
|
34.41 feet; |
|
North 50 Degrees 04 Minutes 47 Seconds West, a distance of |
|
42.44 feet; |
|
North 69 Degrees 33 Minutes 31 Seconds West a distance 53.78 |
|
feet; |
|
North 51 Degrees 00 Minutes 58 Seconds West, a distance of |
|
148.95 feet; |
|
North 21 Degrees 18 Minutes 25 Seconds West, a distance of |
|
69.98 feet; |
|
South 74 Degrees 51 Minutes 13 Seconds West, a distance of |
|
120.60 feet; |
|
North 41 Degrees 09 Minutes 02 Seconds West, a distance of |
|
46.98 feet; |
|
North 21 Degrees 20 Minutes 56 Seconds West, a distance of |
|
117.72 feet; |
|
North 50 Degrees 52 Minutes 08 Seconds West, a distance of |
|
74.60 feet; |
|
North 24 Degrees 19 Minutes 33 Seconds West, a distance of |
|
53.22 feet; |
|
North 87 Degrees 17 Minutes 11 Seconds West, a distance 46.99 |
|
feet; |
|
South 69 Degrees 05 Minutes 22 Seconds West, a distance of |
|
180.84 feet; |
|
South 43 Degrees 04 Minutes 37 Seconds West, a distance of |
|
126.16 feet; |
|
South 74 Degrees 00 Minutes 22 Seconds West, a distance of |
|
56.30 feet; |
|
South 83 Degrees 01 Minutes 41 Seconds West, a distance of |
|
110.13 feet; |
|
South 76 Degrees 38 Minutes 10 Seconds West, a distance of |
|
52.88 feet, |
|
North 50 Degrees 24 Minutes 09 Seconds West, a distance of |
|
125.15 feet; |
|
North 74 Degrees 07 Minutes 57 Seconds West, a distance of |
|
104.06 feet, |
|
North 48 Degrees 05 Minutes 58 Seconds West, a distance of |
|
76.65 feet; |
|
North 58 Degrees 18 Minutes 08 Seconds West, a distance of |
|
111.05 feet; |
|
North 86 Degrees 46 Minutes 10 Seconds West, a distance of |
|
32.03 feet; |
|
South 12 Degrees 23 Minutes 06 Seconds West, a distance of |
|
95.06 feet; |
|
South 54 Degrees 16 Minutes 54 Seconds West, a distance of |
|
67.33 feet; |
|
South 18 Degrees 21 Minutes 22 Seconds West; a distance of |
|
72.49 feet; |
|
North 84 Degrees 12 Minutes 58 Seconds West, a distance of |
|
94.80 feet; |
|
South 70 Degrees 02 Minutes 40 Seconds West, a distance of |
|
148.00 feet; |
|
North 19 Degrees 36 Minutes 03 Seconds West, a distance of |
|
23.54 feet; |
|
North 0 Degrees 13 Minutes 43 Seconds West, a distance of |
|
60.16 feet; |
|
North 55 Degrees 29 Minutes 43 Seconds West, a distance of |
|
46.99 feet; |
|
South 81 Degrees 09 Minutes 48 Seconds West, a distance of |
|
55.26 feet; |
|
South 54 Degrees 46 Minutes 58 Seconds West, a distance of |
|
160.79 feet; |
|
South 46 Degrees 36 Minutes 18 Seconds West, a distance of |
|
71.94 feet; |
|
North 88 Degrees 40 Minutes 16 Seconds West, a distance of |
|
68.48 feet; |
|
South 3 Degrees 03 Minutes 49 Seconds East a distance of |
|
103.80 feet; |
|
South 58 Degrees 10 Minutes 14 Seconds West, a distance of |
|
99.77 feet; |
|
North 69 Degrees 43 Minutes 47 Seconds West, a distance of |
|
111.89 feet; |
|
North 5 Degrees 02 Minutes 25 Seconds West; a distance of |
|
142.38 feet; |
|
North 39 Degrees 45 Minutes 16 Seconds West a distance of |
|
17.27 feet; |
|
North 38 Degrees 58 Minutes 20 Seconds West, a distance of |
|
20.56 feet; |
|
South 72 Degrees 58 Minutes 37 Seconds West, a distance of |
|
107.26 feet, |
|
North 35 Degrees 30 Minutes 48 Seconds West, a distance of |
|
52.44 feet; |
|
North 75 Degrees 00 Minutes 07 Seconds East; a distance of |
|
44.76 feet; |
|
North 49 Degrees 16 Minutes 57 Seconds West, a distance of |
|
76.44 feet; |
|
South 76 Degrees 18 Minutes 51 Seconds West, a distance of |
|
124.20 feet; |
|
North 79 Degrees 16 Minutes 32 Seconds West, a distance of |
|
163.51 feet; |
|
South 51 Degrees 38 Minutes 22 Seconds West, a distance of |
|
65.74 feet, |
|
South 59 Degrees 16 Minutes 59 Seconds East, a distance of |
|
87.74 feet; |
|
South 62 Degrees 51 Minutes 02 Seconds West, a distance of |
|
105.40 feet; |
|
South 86 Degrees 13 Minutes 08 Seconds West, a distance of |
|
127.37 feet; |
|
North 59 Degrees 15 Minutes 27 Seconds West, a distance of |
|
20.51 feet; |
|
North 12 Degrees 05 Minutes 23 Seconds East, a distance of |
|
42.25 feet; |
|
North 66 Degrees 09 Minutes 22 Seconds West, a distance of |
|
45.72 feet; |
|
South 75 Degrees 11 Minutes 42 Seconds West, a distance of |
|
98.33 feet; |
|
South 30 Degrees 35 Minutes 00 Seconds West, a distance of |
|
152.59 feet; |
|
South 6 Degrees 03 Minutes 19 Seconds East, a distance of |
|
32.22 feet; |
|
South 31 Degrees 53 Minutes 33 Seconds East, a distance of |
|
101.56 feet; |
|
South 55 Degrees 27 Minutes 10 Seconds East, a distance of |
|
105.07 feet; |
|
South 33 Degrees 52 Minutes 46 Seconds West, a distance of |
|
68.75 feet; |
|
South 78 Degrees 25 Minutes 54 Seconds West, a distance of |
|
207.12 feet; |
|
North 84 Degrees 39 Minutes 12 Seconds a distance of 159.86 |
|
feet; |
|
North 18 Degrees 00 Minutes 22 Seconds West, a distance of |
|
92.87 feet; |
|
North 35 Degrees 15 Minutes 57 Seconds East, a distance of |
|
85.03 feet; |
|
North 33 Degrees 03 Minutes 10 Seconds West, a distance of |
|
135.81 feet; |
|
North 36 Degrees 04 Minutes 39 Seconds East, a distance of |
|
78.18 feet; |
|
North 33 Degrees 09 Minutes 02 Seconds West, a distance of |
|
95.91 feet; |
|
North 84 Degrees 40 Minutes 30 Seconds West, a distance of |
|
210.32 feet; |
|
South 51 Degrees 35 Minutes 52 Seconds West, a distance of |
|
36.19 feet; |
|
South 50 Degrees 27 Minutes 50 Seconds East, a distance of |
|
33.36 feet; |
|
North 63 Degrees 52 Minutes 38 Seconds East, a distance of 22. |
|
30 feet; |
|
South 15 Degrees 55 Minutes 37 Seconds East, a distance of |
|
37.13 feet; |
|
South 47 Degrees 10 Minutes 49 Seconds West, a distance of |
|
48.72 feet; |
|
South 86 Degrees 10 Minutes 28 Seconds West, a distance of |
|
167.22 feet; |
|
South 52 Degrees 25 Minutes 53 Seconds West, a distance of |
|
246.19 feet; |
|
South 40 Degrees 38 Minutes 57 Seconds West, a distance of |
|
74.90 feet; |
|
North 74 Degrees 19 Minutes 02 Seconds West, a distance of |
|
92.79 feet; |
|
South 69 Degrees 10 Minutes 55 Seconds West, a distance of |
|
66.48 feet; |
|
North 48 Degrees 06 Minutes 52 Seconds West, a distance of |
|
60.65 feet; |
|
South 72 Degrees 19 Minutes 16 Seconds West, a distance of |
|
30.00 feet; |
|
South 2 Degrees 12 Minutes 42 Seconds East, a distance of |
|
54.18 feet; |
|
South 30 Degrees 24 Minutes 19 Seconds West, a distance of |
|
70.78 feet; |
|
South 66 Degrees 36 Minutes 03 Seconds West, a distance of |
|
147.99 feet; |
|
North 59 Degrees 24 Minutes 18 Seconds West, a distance of |
|
64.04 feet; |
|
North 81 Degrees 46 Minutes 49 Seconds West, a distance of |
|
149.37 feet; |
|
North 52 Degrees 20 Minutes 57 Seconds West, a distance of |
|
89.40 feet; |
|
South 89 Degrees 42 Minutes 29 Seconds West, a distance of |
|
53.97 feet; |
|
South 29 Degrees 38 Minutes 45 Seconds West, a distance of |
|
206.94 feet; |
|
South 54 Degrees 20 Minutes 53 Seconds West, a distance of |
|
99.96 feet; |
|
South 37 Degrees 00 Minutes 20 Seconds West, a distance of |
|
183.95 feet; |
|
South 7 Degrees 16 Minutes 40 Seconds East, a distance of |
|
66.68 feet; |
|
South 18 Degrees 37 Minutes 13 Seconds West, a distance of |
|
145.00 feet; |
|
South 50 Degrees 55 Minutes 33 Seconds West a distance of |
|
50.37 feet; |
|
South 81 Degrees 25 Minutes 05 Seconds West, a distance of |
|
117.81. feet; |
|
South 43 Degrees 33 Minutes 33 Seconds West, a distance of |
|
214.19 feet; |
|
South 55 Degrees 56 Minutes 20 Seconds West, a distance of |
|
199.82 feet; |
|
North 86 Degrees 30 Minutes 30 Seconds West, a distance of |
|
66.04 feet; |
|
North 39 Degrees 31 Minutes 13 Seconds West, a distance of |
|
73.41 feet, |
|
North 24 Degrees 35 Minutes 20 Seconds West, a distance of |
|
20.52 feet; |
|
North 64 Degrees 12 Minutes 02 Seconds West, a distance of |
|
197.24 feet; |
|
North 42 Degrees 28 Minutes 22 Seconds West, a distance of |
|
185.27 feet; |
|
North 5 Degrees 07 Minutes 35 Seconds East, a distance of |
|
75.65 feet; |
|
North 19 Degrees 31 Minutes 28 Seconds West, a distance of |
|
44.62 feet; |
|
North 0 Degrees 27 Minutes 51 Seconds East, a distance of |
|
239.11 feet; |
|
North 27 Degrees 30 Minutes 15 Seconds East, a distance of |
|
83.52 feet; |
|
North 60 Degrees 50 Minutes 32 Seconds West, a distance of |
|
69.65 feet; |
|
South 79 Degrees 21 Minutes 19 Seconds West, a distance of |
|
191.59 feet; |
|
North 51 Degrees 02 Minutes 23 Seconds West, a distance of |
|
107.06 feet; |
|
North 13 Degrees 38 Minutes 34 Seconds West, a distance of |
|
156.05 feet; |
|
North 48 Degrees 55 Minutes 46 Seconds West, a distance of |
|
390.43 feet; |
|
North 36 Degrees 13 Minutes 39 Seconds West, a distance of |
|
166.29 feet; |
|
North 89 Degrees 35 Minutes 57 Seconds West, a distance of |
|
45.71 feet, |
|
South 61 Degrees 51 Minutes 40 Seconds West, a distance of |
|
198.79 feet; |
|
South 30 Degrees 04 Minutes 49 Seconds West, a distance of |
|
36.09 feet; |
|
South 20 Degrees 11 Minutes 29 Seconds East, a distance of |
|
96.61 feet; |
|
South 6 Degrees 08 Minutes 11 Seconds East, a distance of |
|
174.03 feet; |
|
South 7 Degrees 28 Minutes 44 Seconds West, a distance of |
|
106.64 feet, |
|
South 27 Degrees 41 Minutes 51 Seconds West, a distance of |
|
131.32 feet; |
|
South 4 Degrees 34 Minutes 07 Seconds West, a distance of |
|
152.56 feet; |
|
South 24 Degrees 50 Minutes 38 Seconds West, a distance of |
|
324.10 feet; |
|
North 62 Degrees 01 Minutes 07 Seconds West, a distance of |
|
59.93 feet; |
|
South 63 Degrees 06 Minutes 40 Seconds West, a distance of |
|
55.18 feet; |
|
South 11 Degrees 19 Minutes 06 Seconds West, a distance of |
|
17.89 feet; |
|
North 84 Degrees 39 Minutes 41 Seconds West, a distance of |
|
15.53 feet; |
|
South 27 Degrees 40 Minutes 44 Seconds West, a distance of |
|
52.50 feet; |
|
South 54 Degrees 48 Minutes 46 Seconds West, a distance of |
|
163.39 feet; |
|
South 1 degree 53 Minutes 56 Seconds East, a distance of 74.20 |
|
feet; |
|
South 25 Degrees 46 Minutes 31 Seconds West; a distance of |
|
41.01 feet; |
|
South 43 Degrees 04 Minutes 41 Seconds West, a distance of |
|
153.67 feet; |
|
South 65 Degrees 24 Minutes 42 Seconds West, a distance of |
|
152.12 feet; |
|
South 85 Degrees 45 Minutes 56 Seconds West, a distance of |
|
59.54 feet; |
|
North 60 Degrees 55 Minutes 21 Seconds West, a distance of |
|
68.90 feet; |
|
North 14 Degrees 20 Minutes 24 Seconds West, a distance of |
|
145.46 feet; |
|
North 37 Degrees 47 Minutes 55 Seconds West, a distance of |
|
91.94 feet; |
|
North 17 Degrees 32 Minutes 20 Seconds West, a distance of |
|
83.43 feet; |
|
North 49 Degrees 24 Minutes 51 Seconds West; a distance of |
|
71.33 feet; |
|
North 15 Degrees 47 Minutes 09 Seconds West, a distance of |
|
79.77 feet; |
|
North 44 Degrees 54 Minutes 58 Seconds West, a distance of |
|
149.26 feet; |
|
South 78 Degrees 48 Minutes 22 Seconds West, a distance of |
|
104.91 feet; |
|
THENCE North 76 Degrees 24 Minutes 51 Seconds West; with the |
|
center of Mill Creek, a distance of 90.78 feet to the northwest |
|
corner of the called 73.594 acre tract described in deed to Ruel |
|
Sanders recorded under Volume 679 Page 212 of the Deed Records of |
|
Montgomery County; |
|
THENCE South 3 Degrees 17 Minutes 07 Seconds East, with the |
|
west line of said Ruel Sanders tract and the east line of the |
|
Magnolia Timber Partners tract, a distance of 19.89 feet to a 5/8 |
|
inch iron rod with cap marked "Carter & Burgess" set for corner; |
|
THENCE South 86 Degrees 42 Minutes 53 Seconds West, with the |
|
north line of the called 103 acre tract described in deed to R. F. |
|
Sanders recorded under Volume 280, Page 301 of the Deed Records of |
|
Montgomery County and the south line of the Woodard Ranch West, LP |
|
tract, a distance of 1194.54 feet to a 5/8 inch iron rod with cap |
|
marked "Carter & Burgess" set for the northwest corner of said R. F. |
|
Sanders tract; |
|
THENCE South 3 Degrees 17 Minutes 07 Seconds East, with the |
|
east line of the Woodard Ranch West, LP tract and the west line of |
|
the said R. F. Sanders tract, a distance of 3635.69 feet to a 5/8 |
|
inch iron rod with cap marked "Carter & Burgess" set for comer; |
|
THENCE South 2 Degrees 25 Minutes 09 Seconds East, continuing |
|
with the east line of the Woodard Ranch West, LP tract and the west |
|
line of the R. F. Sanders tract, a distance of 919.23 feet to a 5/8 |
|
inch iron rod with cap marked "Carter & Burgess" set previous in the |
|
north right-of-way line of FM 1774 (60.0 feet wide per Volume 204, |
|
Page 522 of Montgomery County Deed Records); |
|
THENCE North 74 Degrees 43 Minutes 59 Seconds West, with the |
|
north right-of-way of FM 1774, a distance of 479.95 feet to a 5/8 |
|
inch iron rod with cap marked "Carter & Burgess" set for the |
|
beginning of a curve to the right; |
|
THENCE in a northwesterly direction with the north |
|
right-of-way of FM 1774 and said curve to the right, having a radius |
|
of 1170.47 feet, a central angle of 30 Degrees 46 Minutes 39 |
|
Seconds, a chord bearing of North 59 Degrees 20 Minutes 40 Seconds |
|
West, a chord distance of 621.21 feet, at an arc distance of 297 |
|
feet crossing the Montgomery County and Waller County Line, a total |
|
arc distance of 628.74 feet to 5/8 inch iron rod with cap marked |
|
"Carter & Burgess" set for the point of tangency; |
|
THENCE North 43 Degrees 57 Minutes 20 Seconds West, |
|
continuing with the north right-of-way line of FM 1774, a distance |
|
of 574.51 feet to a 5/8 inch iron rod with cap marked "Carter & |
|
Burgess" set for corner; |
|
THENCE North 42 Degrees 58 Minutes 17 Seconds West, |
|
continuing with the north right-of-way line of FM 1774, a distance |
|
of 443.48 feet to a 5/8 inch iron rod with cap marked "Carter & |
|
Burgess" set for corner of the herein described tract and the |
|
southeast corner of a called 3.3907 acre tract described in deed to |
|
Chaminade Capital Corporation recorded under Volume 554, Page 571 |
|
of the Waller County Deed Records, from which a found concrete |
|
monument bears South 02 Degrees 36 Minutes 21 Seconds East, a |
|
distance of 337.82 feet; |
|
THENCE North 02 Degrees 36 Minutes 21 Seconds West, with the |
|
east line of the Richard Prior Survey and the west tine of the |
|
Robert Watson Survey, Abstract 271 Waller County, also with the |
|
west line of the Woodard Ranch West, LP tract, the east line of the |
|
called 3.3907 acre tract described in deed to Chaminade Capital |
|
Corp. recorded under Volume 554, Page 571, the east line of the call |
|
3.3907 acre tract described in deed to Kevin Zabiegala recorded |
|
under Volume 559, Page 882, the east line of the called 3.3907 acre |
|
tract described in deed to Donna Hoyt recorded under Volume 414, |
|
Page 582, the east line of the tract described in deed to Randolph |
|
Hardee recorded under Volume 378, Page 911, the east line of the |
|
call 7.458 acre tract described in deed to Eugene Mattern recorded |
|
under Volume 531, Page 898, the east line of the called 56.0438 acre |
|
tract described in deed to Brenda Tolleson recorded under Volume |
|
474, Page 479, the east line of the called 19.755 acre tract |
|
described in deed to Eugene Mattern recorded under Volume 571, Page |
|
767, and the east line of the called 90.0 acre tract described in |
|
deed to Wm. F. Jackson recorded under Volume 168, Page 540 all of |
|
the Deed Records of Waller County, a distance of 6362 .56 feet to a |
|
5/8 inch iron rod with cap marked "Carter & Burgess" set for corner; |
|
THENCE North 02 Degrees 51 Minutes 14 Seconds West, with the |
|
west line of the Woodard Ranch West, LP tract, and the east line of |
|
Lake Hollyhill Acres subdivision recorded under Volume 275, Page |
|
292 of Grimes County Deed Records, a distance of 3169.95 feet to a |
|
square bolt in concrete found for corner; |
|
THENCE South 86 Degrees 55 Minutes 20 Seconds West, with the |
|
south line of the Woodard Ranch West, LP tract and the north line of |
|
Lake Hollyhill, a distance of 3150.62 feet to a 1/2 inch iron rod |
|
found for corner, |
|
THENCE North 3 Degrees 05 Minutes 22 Seconds West, with the |
|
west line of the Woodard Ranch West, LP tract and the east line of |
|
the called 19.484 acre tract, a distance of 954.90 feet to a 1/2 |
|
inch iron rod found for corner; |
|
THENCE North 87 Degrees 05 Minutes 46 Seconds East, with the |
|
north line of the Woodard Ranch West, LP tract and with the south |
|
line of the tracts described in deeds to Todd Mission Farm recorded |
|
under Volume 427, Page 712 and Volume 450 Page 739 of the Deed |
|
Records of Grimes County, a distance of 366.94 feet to a 1/2 inch |
|
iron rod found for corner; |
|
THENCE North 2 Degrees 47 Minutes 46 Seconds West, with the |
|
west line of the Woodard Ranch West, LP tract and with the east line |
|
of said Todd Mission Farm tract, a distance of 1565.13 feet to a 1/2 |
|
inch iron rod found for corner; |
|
THENCE South 87 Degrees 10 Minutes 42 Seconds West. with the |
|
south line of the Woodard Ranch West, LP tract and the north line of |
|
said Todd Mission Farm tract, a distance of 499.97 feet to a 1 1/2 |
|
inch iron pipe found for corner; |
|
THENCE North 3 Degrees 34 Minutes 54 Seconds West, with the |
|
west line of the Woodard Ranch West, LP tract and the east line of |
|
the Todd Mission Farm tract, a distance of 1112.04 feet to a 3/8 |
|
inch iron rod found for corner; |
|
THENCE North 04 Degrees 11 Minutes 26 Seconds West, |
|
continuing with the west line of the Woodard Ranch West, LP tract |
|
and the east line of the Todd Mission Farm tract, a distance of |
|
1123.78 feet to a 1/2 inch iron rod found for the northeast corner |
|
of said Todd Mission Farm tract from which a 3/4 inch iron bolt |
|
bears North 84 Degrees 42 Minutes 36 Seconds East a distance of |
|
21.66 feet; |
|
THENCE North 86 Degrees 07 Minutes 53 Seconds East, with the |
|
north line of the Woodard Ranch West, LP tract, the south line of |
|
the called 182.9495 acre tract described in deed to the Texas |
|
Renaissance Festival, Inc. recorded under Volume 565, Page 23 of |
|
the Deed Records of Grimes County, and with the south line of the |
|
tract described in deed to Clifford Largent recorded under Volume |
|
265, Page 369 of the Deed Records of Grimes County, a distance of |
|
2146.80 feet to a 1 1/2 inch iron pipe found for corner; |
|
THENCE North 06 Degrees 53 Minutes 24 Seconds West, with the |
|
west line of the Woodard Ranch West, LP tract and the east line of |
|
the Texas Renaissance Festival tract, a distance of 1856.50 feet to |
|
a concrete monument found for corner; |
|
THENCE North 3 Degrees 32 Minutes 02 Seconds West, with the |
|
west line of the Woodard Ranch West, LP tract, the east line of the |
|
Texas Renaissance Festival tract, the east line of the called |
|
36.706 acre tract described in deed to Autry Maywald recorded under |
|
Volume 696, Page 103, the east line of the called 16.0 acre tract |
|
described in deed to Michael Cotie recorded under Volume 362, Page |
|
558, and also with the east line of the H. M. Bullock Survey, |
|
Abstract 96 Grimes County, and with the west line of the Alexander |
|
Robblis Survey, Abstract 400 Grimes County, a distance of 2064.64 |
|
feet to a 5/8 inch iron rod with cap marked "Carter &. Burgess" set |
|
for corner; |
|
THENCE North 87 Degrees 31 Minutes 54 Seconds East, departing |
|
the east line of the a H. M. Bullock Survey and with the west line of |
|
the Alexander Robblis Survey, a distance of 12655.49 feet to the |
|
POINT OF BEGINNING and containing 4,286.698 acres less the |
|
following save and except 0.057 acre tract. |
|
SAVE & EXCEPT |
|
Description of a 0.057 acre tract of land, being that called |
|
0.057 acre tract described in deed to Lufkin-Conroe Telephone |
|
Exchange recorded under Montgomery County Clerk File Number |
|
9556511, and located in the Joseph G. Ferguson Survey, Abstract |
|
221, Montgomery County, Texas, and more particularly described as |
|
follows: |
|
COMMENCING at a 5/8 inch iron rod with cap marked "Carter & |
|
Burgess" set in the west right-of-way of FM 1774 (100.0 feet wide |
|
per Volume 219, Page 423, Volume 252, Page 343, Volume 252, Page |
|
344, Volume 257, Page 71, Volume 254, Page 556, Volume 215, Page |
|
512, and Volume 218, Page 2 of Montgomery County Deed Records) and |
|
in the north line of said Woodard Ranch West, LP tract and the south |
|
line of the called 1,995.300 acre tract described in Special |
|
Warranty Deed to the Charles Eugene Campbell Marital Trust recorded |
|
under Montgomery County Clerk's File Number 2004-058220; |
|
THENCE South 02 Degrees 34 Minutes 58 Seconds East, with west |
|
right-of-way line of FM 1486, a distance of 3459.37 feet to a set |
|
5/8 inch iron rod with cap marked "Carter & Burgess"; |
|
THENCE South 03 Degrees 11 Minutes 11 Seconds East, |
|
continuing with the west right-of-way of FM 1486, a distance 20.24 |
|
feet to a point for corner; |
|
THENCE South 87 Degrees 45 Minutes 51 Seconds West, with the |
|
south line of the 20 feet wide easement described in deed to |
|
Lufkin-Conroe Telephone Exchange recorded under Montgomery County |
|
Clerk's File Number 9556511, a distance of 99.52 feet to a 5/8 inch |
|
iron rod with cap marked "Carter & Burgess" set for the southeast |
|
corner of said Lufkin-Conroe Telephone Exchange called 0.057 acre |
|
tract and POINT OF BEGINNING of the herein described tract; |
|
THENCE South 87 Degrees 45 Minutes 51 Seconds West, with the |
|
south line of said Lufkin-Conroe Telephone Exchange tract and a |
|
north line of the tracts described in Special Warranty Deed to |
|
Magnolia Timber Partners LP recorded under Volume 553, Page 001 of |
|
the Deed Records of Waller County, Texas, Volume 849, Page 205 of |
|
the Deed Records of Grimes County, Texas, and Montgomery County |
|
Clerk's File Number 968009, a distance of 50.00 feet to a 1/2 inch |
|
iron rod found for the southwest corner of said Lufkin-Conroe |
|
Telephone Exchange tract; |
|
THENCE 02 Degrees 14 Minutes 09 Seconds West, with the west |
|
line of said Lufkin-Conroe Telephone Exchange tract and a east line |
|
of said Woodard Ranch West, LP tract, a distance of 50.00 feet to a |
|
1/2 inch iron rod found for the northwest corner of said |
|
Lufkin-Conroe Telephone Exchange tract; |
|
THENCE North 87 Degrees 45 Minutes 511 Seconds East, with the |
|
north line of said Lufkin-Conroe Telephone Exchange tract and a |
|
south line of said Woodard Ranch West; LP tract, a distance of 50.00 |
|
feet to a 1/2 inch iron rod found for the northeast corner of said |
|
Lufkin-Conroe Telephone Exchange tract; |
|
THENCE South 02 Degrees 14 Minutes 09 Seconds East, with the |
|
east line of said Lufkin-Conroe Telephone Exchange tract and a west |
|
line of said Woodard Ranch West, LP tract, a distance of 50.00 feet |
|
to the POINT OF BEGINNING and containing 0.057 acre of land. |
|
TRACT TWO: |
|
Description of 1,445.197 acres of land out of the called |
|
2,323.214 acre tract described in Special Warranty Deed from BST |
|
Timberlands of Texas, L.P. to Woodard Ranch Partners, L P recorded |
|
August 26, 2005 under Montgomery County Clerk File Number |
|
2005-095962 of the real property records of Montgomery County, |
|
Texas, and located in the William Stansbury Survey, Abstract 508 |
|
and the Thomas G. Allen Survey, Abstract 64, Montgomery County, |
|
Texas and more particularly described as follows: |
|
BEGINNING at a concrete monument found in the east |
|
right-of-way line of FM 1486 (100 feet wide) recorded under Volume |
|
219, Page 423, Volume 252, Page 343, Volume 252, Page 344, Volume |
|
257, Page 71, Volume 254, Page 556, Volume 215, Page 512 and Volume |
|
218, Page 2 of the Deed Records of Montgomery County, Texas in the |
|
south line of said Woodard Ranch Partners, L.P. called 2,323 214 |
|
acre tract, and the northwest corner of the called 9.9999 acre tract |
|
described in deed to Joanne Moore recorded under Montgomery County |
|
Clerk's File Number 2003-042415; |
|
THENCE North 02 degrees 53 minutes 38 seconds West, with the |
|
east right-of-way line of FM 1486, a distance of 1,165.37 feet to a |
|
concrete monument found for the southwest corner of the called |
|
29.397 acre tract described in deed to M. L. Maciejeski recorded |
|
under Volume 259, Page 791 of Montgomery County Deed Records and in |
|
the north line of said Woodard Ranch Partners, L.P. tract; |
|
THENCE North 87 degrees 12 minutes 36 seconds East, with the |
|
north line of said Woodard Ranch Partners, L.P. called 2,323.214 |
|
acre tract and the south line of the called 29.397 acre tract, a |
|
distance of 1,681.98 feet to a point in a creek from which a set 5/8 |
|
inch iron rod with cap marked "Carter & Burgess" bears South 87 |
|
degrees 12 minutes 36 seconds West, a distance of 100.00 feet; |
|
THENCE North 16 degrees 26 minutes 24 seconds West, with the |
|
creek, a distance of 233.50 feet to a point for corner; |
|
THENCE North 40 degrees 41 minutes 24 seconds West, |
|
continuing with the creek, a distance of 123.30 feet to a point for |
|
corner; |
|
THENCE North 04 degrees 56 minutes 24 seconds West, |
|
continuing with the creek, a distance of 207.40 feet to a point for |
|
corner; |
|
THENCE North 22 degrees 34 minutes 08 seconds West continuing |
|
with the creek, a distance of 71.00 feet to a point for corner; |
|
THENCE North 41 degrees 35 minutes 52 seconds East, |
|
continuing with the creek, a distance of 71.50 feet to a point for |
|
corner; |
|
THENCE North 40 degrees 39 minutes 49 seconds West, |
|
continuing with the creek, a distance of 187.91 feet to a point for |
|
corner; |
|
THENCE North 29 degrees 57 minutes 45 seconds West, |
|
continuing with the creek, a distance of 450.22 to a point for |
|
corner; |
|
THENCE North 66 degrees 31 minutes 40 seconds West, |
|
continuing with the creek, a distance of 308.15 feet to a point for |
|
corner; |
|
THENCE North 45 degrees 01 minutes 38 seconds West, |
|
continuing with the creek, a distance of 363.18 feet to a point for |
|
corner; |
|
THENCE North 19 degrees 20 minutes 00 seconds West, |
|
continuing with the creek, a distance of 259.64 feet to a point for |
|
corner; |
|
THENCE North 17 degrees 39 minutes 04 seconds West, |
|
continuing with the creek, a distance of 394.32 feet to a point for |
|
corner; |
|
THENCE North 63 degrees 20 minutes 45 seconds West, |
|
continuing with the creek, a distance of 56.90 feet to a point for |
|
corner; |
|
THENCE North 22 degrees 21 minutes 29 seconds West, |
|
continuing with the creek, a distance of 480.58 feet to a point for |
|
corner; |
|
THENCE North 23 degrees 41 minutes 20 seconds West, |
|
continuing with the creek, a distance of 263.57 feet to a point for |
|
corner; |
|
THENCE North 38 degrees 22 minutes 48 seconds West, |
|
continuing with the creek, a distance of 427.55 feet to a 3/4 inch |
|
iron rod found in the east right-of-way line of FM 1486; |
|
THENCE North 02 degrees 42 minutes 57 seconds West, with the |
|
east right-of-way line of FM 1486, a distance of 400.73 feet to a |
|
concrete monument found for the southwest corner of the Convenient |
|
County Estates Subdivision, Phase II, recorded under Cabinet H, |
|
Sheet 79 B of Montgomery County Map Records and in the north line of |
|
the William Stansbury Survey, Abstract 508 and the south line of the |
|
William Stansbury Survey, Abstract 531; |
|
THENCE North 87 degrees 22 minutes 40 seconds East, with the |
|
north line of said Woodard Ranch Partners, L.P. tract, the south |
|
line of the Convenient County Estates Subdivision, the north line |
|
of the William Stansbury Survey, Abstract 508, and the south line of |
|
the William Stansbury Survey, Abstract 531, a distance of 6,641.21 |
|
feet to a 5/8 inch iron rod found for corner; |
|
THENCE North 87 degrees 10 minutes 42 seconds East, |
|
continuing with the north line of said Woodard Ranch Partners, L.P. |
|
tract and the south line of said Convenient County Estates, a |
|
distance of 5,747.50 feet to a 4 inch iron pipe found for the |
|
southeast corner of the Convenient County Estates Subdivision, a |
|
northern corner of said Woodard Ranch Partners, L.P. tract, the |
|
northeast corner of William Stansbury Survey, Abstract 192; |
|
THENCE South 02 degrees 44 minutes 34 seconds East, with the |
|
east line of said William Stansbury Survey and the west line of said |
|
Jacob Eyler Survey, a distance of 1,243.66 feet to 3/4 inch iron |
|
pipe found for a southern corner of said Woodard Ranch Partners, |
|
L.P. tract, the northwest corner of the John T. Rockwell Survey, |
|
Abstract 451 and the northwest corner of the. called 320 acre tract |
|
described in deed to Dan H. Madeley recorded under Volume 414, Page |
|
291 of Montgomery County Deed Records; |
|
THENCE South 02 degrees 35 minutes 52 seconds East, with the |
|
east line of said William Stansbury Survey, the east line of said |
|
Woodard Ranch Partners, L.P. tract, and the west line of said John |
|
T. Rockwell Survey, a distance of 4,322.67 feet to a 2 inch iron |
|
pipe found for a southern corner of said Woodard Ranch Partners, |
|
L.P. tract; |
|
THENCE South 87 degrees 02 minutes 33 seconds West, with the |
|
south line of the Woodard Ranch Partners, L.P. tract, the south line |
|
of said William Stansbury Survey, and the north line of the called |
|
131.230 acre tract described in deed to Raymond C. Rickett, Jr. |
|
recorded under Montgomery County Clerk File Number 9719186, a |
|
distance of 3,324.80 feet to a 1 inch iron pipe found for a southern |
|
corner of said Woodard Ranch Partners, L.P. tract and the northwest |
|
corner of said Raymond C. Rickett, Jr. tract; |
|
THENCE South 02 degrees 46 minutes 27 seconds East, with the |
|
east line of said Woodard Ranch Partners, L.P. tract and the west |
|
line of said Raymond C. Rickett, Jr. tract, a distance of 1,264.55 |
|
feet to a 1 inch iron pipe found for a southern corner of said |
|
Woodard Ranch Partners, L.P. tract, the southwest corner of said |
|
Raymond C. Rickett, Jr. tract and in the north line of the called |
|
209.46 acre tract described in deed to Christopher Rhodes recorded |
|
under Montgomery County Clerk's File Number 9526828; |
|
THENCE South 86 degrees 51 minutes 47 seconds West, with the |
|
south line of said Woodard Ranch Partners, L.P. tract and the north |
|
line of the Christopher Rhodes tract, a distance of 1,617.63 feet to |
|
a 5/8 inch iron rod set for a southern corner of said Woodard Ranch |
|
Partners, L.P. tract and the northwest corner of said Christopher |
|
Rhodes tract, and in the west line of the Thomas G. Allen Survey; |
|
THENCE North 03 degrees 11 minutes 35 seconds West, with the |
|
west line of said Woodard Ranch Partners, L.P. tract and the east |
|
line of the Magnolia East Unrecorded Subdivision described in deeds |
|
recorded under Montgomery County Clerk's File Numbers 9019503, |
|
8917284, 9770914, 99006599, 9750729, and 8913130, a distance of |
|
1,975.88 feet to a 4 inch iron pipe found for the northeast corner |
|
of said Magnolia East Unrecorded Subdivision, a southern corner of |
|
said Woodard Ranch Partners, L.P. tract, the northeast corner of |
|
the John Niles Survey, Abstract 396, and in the south line of the |
|
William Stansbury Survey, Abstract 508; |
|
THENCE South 87 degrees 20 minutes 16 seconds West, with the |
|
south line of said Woodard Ranch Partners, L.P. tract and the north |
|
line of said Magnolia East Unrecorded Subdivision described in |
|
deeds recorded under Montgomery County Clerk's File Numbers |
|
8913130, 2001-115769, 2000-102053, 8807383, 8502145, 9808626, |
|
9207949, 8844012, 8303341, Volume 1163, Page 759, 2004-112602, |
|
8436226, 9250650, 2002-018876, 9842447, 8751939, and 2003-042415 |
|
of Montgomery County Deed Records, at a distance of 797.74 feet |
|
passing a set 5/8 inch iron rod with cap marked "Carter & Burgess", |
|
a total distance of 7,414.45 feet to the POINT OF BEGINNING and |
|
containing 1,445.197 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) If this Act does not receive a two-thirds |
|
vote of all the members elected to each house, Subchapter C, Chapter |
|
8257, Special District Local Laws Code, as added by Section 1 of |
|
this Act, is amended by adding Section 8257.0307 to read as follows: |
|
Sec. 8257.0307. NO EMINENT DOMAIN POWER. The district may |
|
not exercise the power of eminent domain. |
|
(b) 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, 2019. |