| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the creation of the Atascosa County Municipal Utility |
|
|
District No. 2; 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 7957A to read as follows: |
|
|
CHAPTER 7957A. ATASCOSA COUNTY MUNICIPAL UTILITY DISTRICT NO. 2 |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 7957A.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 Atascosa County Municipal |
|
|
Utility District No. 2. |
|
|
Sec. 7957A.0102. NATURE OF DISTRICT. The district is a |
|
|
municipal utility district created under Section 59, Article XVI, |
|
|
Texas Constitution. |
|
|
Sec. 7957A.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. 7957A.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
|
|
temporary directors may not hold an election under Section |
|
|
7957A.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. 7957A.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. 7957A.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. 7957A.0201. GOVERNING BODY; TERMS. (a) The district |
|
|
is governed by a board of five elected directors. |
|
|
(b) Except as provided by Section 7957A.0202, directors |
|
|
serve staggered four-year terms. |
|
|
Sec. 7957A.0202. TEMPORARY DIRECTORS. (a) The temporary |
|
|
board consists of: |
|
|
(1) Bruce Bartlett; |
|
|
(2) G. Bailey Woods, Jr.; |
|
|
(3) Sloan Thomas; |
|
|
(4) Andrew B. Price; and |
|
|
(5) Foard Houston. |
|
|
(b) Temporary directors serve until the earlier of: |
|
|
(1) the date permanent directors are elected under |
|
|
Section 7957A.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 7957A.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 7957A.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. 7957A.0301. GENERAL POWERS AND DUTIES. The district |
|
|
has the powers and duties necessary to accomplish the purposes for |
|
|
which the district is created. |
|
|
Sec. 7957A.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. 7957A.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. 7957A.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. 7957A.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. 7957A.0306. 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) 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 |
|
|
7957A.0103 to confirm the district's creation. |
|
|
(f) An order dividing the district must: |
|
|
(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) Any new district created by the division of the district |
|
|
shall hold a confirmation and directors' election as required by |
|
|
Section 7957A.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 |
|
|
7957A.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. |
|
|
Sec. 7957A.0307. STRATEGIC PARTNERSHIP AGREEMENT. The |
|
|
district may negotiate and enter into a written strategic |
|
|
partnership agreement with a municipality under Section 43.0751, |
|
|
Local Government Code. |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 7957A.0401. 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 |
|
|
7957A.0403. |
|
|
(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. 7957A.0402. OPERATION AND MAINTENANCE TAX. (a) If |
|
|
authorized at an election held under Section 7957A.0401, 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. 7957A.0403. 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. 7957A.0501. 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. 7957A.0502. 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. 7957A.0503. 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 Atascosa County Municipal Utility District |
|
|
No. 2 initially includes all the territory contained in the |
|
|
following area: |
|
|
Being a boundary survey of 0.616 acre, more or less, of land |
|
|
lying in Atascosa County, Texas, being out of and a part of E.S. |
|
|
Harper Survey 1202, Abstract No. 366, Atascosa County, Texas. Said |
|
|
0.616 acre being bounded on the northwest by the fenced |
|
|
southeasterly margin of F.M. 1470 (Leming Drive); on the northeast |
|
|
by 11.25 acres, James P. Shone, et ux., Book 857, Page 700 of the |
|
|
Atascosa County Deed Records; and on the southeast by 4.52 acres |
|
|
simultaneously surveyed this same day. Said 0.616 acre being more |
|
|
particularly described by metes and bounds as follows: (The |
|
|
courses, distances, areas and any coordinates cited herein or shown |
|
|
on the corresponding survey plat conform to the Texas Coordinate |
|
|
System, North American Datum 1983, Texas South Central Zone.) (All |
|
|
corners called for as being set are marked on the ground with 1/2" |
|
|
diameter rebar with plastic identification caps stamped |
|
|
"RPLS/6418" attached unless otherwise noted or shown.) |
|
|
BEGINNING at a found broken TxDOT Type I right-of-way |
|
|
monument at the intersection of F.M. 1470 and an unnamed county |
|
|
road, marking a deflection point of the herein described tract; |
|
|
THENCE: N 26° 16' 04" E, with the southwesterly margin of F.M. |
|
|
1470 and the herein described tract for a distance of 25.94 feet to |
|
|
a 3" diameter pipe 3-way fence corner post at a point on the |
|
|
ostensible common survey line of said Survey 1202 and I. Wautz |
|
|
Survey 1176, Abstract No. 895, marking a deflection point of said |
|
|
11.25 acres, and marking the north corner of the herein described |
|
|
tract, from which a found TxDOT Type I right-of-way monument bears N |
|
|
15° 48' 34" E at a distance of 24.43 feet; |
|
|
THENCE: S 35° 21' 31" E, generally with the fence, with the |
|
|
ostensible common survey line of said Survey 1202 and said Survey |
|
|
1176, and with the common boundary line of said 11.25 acres and the |
|
|
herein described tract for a distance of 1154.04 feet to a 3" |
|
|
diameter pipe fence angle post marking a deflection point of said |
|
|
11.25 acres, marking the west corner of said 4.52 acres, and marking |
|
|
a deflection point of the herein described tract; |
|
|
THENCE: S 56° 44' 15" E, with the common boundary line of said |
|
|
4.52 acres and the herein described tract for a distance of 50.89 |
|
|
feet to an unmarked corner marking a deflection point of said 4.52 |
|
|
acres, and marking the east corner of the herein described tract; |
|
|
THENCE: With the southwesterly margin of said unnamed county |
|
|
road and the herein described tract for the following two (2) calls: |
|
|
1.) N 79° 52' 38" W, for a distance of 59.02 feet to an |
|
|
unmarked corner marking a deflection point of the herein described |
|
|
tract; |
|
|
2.) N 35° 21' 31" W, for a distance of 1147.02 feet to |
|
|
the Place of Beginning and containing 0.616 acre, more or less, of |
|
|
land within the herein described boundary according to an actual on |
|
|
the ground survey made by Smyth Surveyors, Inc. and completed on |
|
|
November 30, 2022. |
|
|
Being a boundary survey of 101.73 acres, more or less, of land |
|
|
lying in Atascosa County, Texas, being out of and a part of N. Mcada |
|
|
Survey 1198, Abstract No. 566, and also being out of and a part of |
|
|
that same certain tract called Tract II (328.52 acres) as described |
|
|
in conveyance document to The J W Gorman Family Partnership, Ltd., |
|
|
recorded in Document Number 137428 of the Atascosa County Official |
|
|
Public Records, Atascosa County, Texas. Said 101.73 acres being |
|
|
bounded on the southeast by the fenced northwesterly margin of Red |
|
|
Barn Road; on the northeast and northwest by 404.48 acres |
|
|
simultaneously surveyed this same day; and on the southwest by a 40' |
|
|
unnamed county road (unimproved). Said 101.73 acres being more |
|
|
particularly described by metes and bounds as follows: (The |
|
|
courses, distances, areas and any coordinates cited herein or shown |
|
|
on the corresponding survey plat conform to the Texas Coordinate |
|
|
System, North American Datum 1983, Texas South Central Zone.) (All |
|
|
corners called for as being set are marked on the ground with 1/2" |
|
|
diameter rebar with plastic identification caps stamped |
|
|
"RPLS/6418" attached unless otherwise noted or shown.) |
|
|
BEGINNING at an unmarked corner at a point on the fenced |
|
|
northwesterly margin of Red Barn Road, at a point on a southeasterly |
|
|
line of said Tract II, marking an exterior corner of said 404.48 |
|
|
acres, and marking the east corner of the herein described tract, |
|
|
from which a 4.5" diameter pipe fence angle post marking a |
|
|
deflection point of said 404.48 acres bears N 18° 36' 23" E at a |
|
|
distance of 1644.49 feet; |
|
|
THENCE: Crossing into and across Tract II, and generally with |
|
|
the fence for the following thirteen (13) calls: |
|
|
1.) N 72° 35' 23" W, for a distance of 464.92 feet to a |
|
|
leaning 7" diameter cedar fence angle post marking a deflection |
|
|
point of the herein described tract; |
|
|
2.) N 24° 16' 53" W, for a distance of 222.53 feet to a 4.5" |
|
|
diameter pipe 2-way fence corner post marking an interior corner of |
|
|
the herein described tract; |
|
|
3.) S 66° 54' 13" W, for a distance of 904.65 feet to a 3" |
|
|
diameter pipe 2-way fence corner post marking a deflection point of |
|
|
the herein described tract; |
|
|
4.) N 67° 10' 57" W, for a distance of 20.12 feet to a 3" |
|
|
diameter pipe 3-way fence corner post marking a deflection point of |
|
|
the herein described tract; |
|
|
5.) S 24° 00' 54" W, for a distance of 183.78 feet to a t- |
|
|
post fence angle post marking a deflection point of the herein |
|
|
described tract; |
|
|
6.) S 24° 12' 38" W, for a distance of 641.60 feet to a 3" |
|
|
diameter pipe fence angle post marking a deflection point of the |
|
|
herein described tract; |
|
|
7.) S 54° 15' 53" W, for a distance of 625.15 feet to a 3" |
|
|
diameter pipe 2-way fence corner post marking a deflection point of |
|
|
the herein described tract; |
|
|
8.) S 02° 26' 22" E, for a distance of 20.35 feet to a 3" |
|
|
diameter pipe fence angle post marking a deflection point of the |
|
|
herein described tract; |
|
|
9.) S 18° 20' 46" W, for a distance of 1138.27 feet to a 4.5" |
|
|
diameter pipe 2-way fence corner post at a point on the ostensible |
|
|
common survey line of said Survey 1198 and said Survey 1199, at a |
|
|
point in the northeasterly margin of an unnamed county road, and |
|
|
marking an interior corner of the herein described tract; |
|
|
10.) S 70° 45' 38" E, with the ostensible common survey line |
|
|
of said Survey 1198 and said Survey 1199, and with the northeasterly |
|
|
margin of an unnamed county road for a distance of 563.24 feet to a |
|
|
5" diameter cedar fence angle post marking a deflection point of the |
|
|
herein described tract; |
|
|
11.) S 70° 57' 07" E, with the ostensible common survey line |
|
|
of said Survey 1198 and said Survey 1199, and with the northeasterly |
|
|
margin of an unnamed county road for a distance of 593.07 feet to a |
|
|
t-post fence angle post marking a deflection point of the herein |
|
|
described tract; |
|
|
12.) S 70° 48' 28" E, with the ostensible common survey line |
|
|
of said Survey 1198 and said Survey 1199, and with the northeasterly |
|
|
margin of an unnamed county road for a distance of 498.03 feet to a |
|
|
2.5" diameter pipe fence angle post marking a deflection point of |
|
|
the herein described tract; |
|
|
13.) S 71° 01' 04" E, with the ostensible common survey line |
|
|
of said Survey 1198 and said Survey 1199, and with the northeasterly |
|
|
margin of an unnamed county road for a distance of 62.86 feet to a |
|
|
4.5" diameter pipe fence angle post at the intersection of Red Barn |
|
|
Road and an unnamed county road, and marking a deflection point of |
|
|
the herein described tract; |
|
|
THENCE: Generally with the fenced margin of Red Barn Road and |
|
|
the herein described tract for the following two (2) calls: |
|
|
1.) N 64° 53' 53" E, for a distance of 36.73 feet to a 4.5" |
|
|
diameter pipe fence angle post marking a deflection point of the |
|
|
herein described tract; |
|
|
2.) N 18° 36' 23" E, for a distance of 2924.62 feet to the |
|
|
Place of Beginning and containing 101.73 acres, more or less, of |
|
|
land within the herein described boundary, according to an actual |
|
|
on the ground survey made by Smyth Surveyors, Inc. and completed on |
|
|
October 19, 2022. |
|
|
Being a boundary survey of 404.48 acres, more or less, of land |
|
|
lying in Atascosa County, Texas, being out of and parts of N. Mcada |
|
|
Survey 1198, Abstract No. 566, I. Wautz Survey 1175, Abstract |
|
|
No. 896, M. Moritz Survey 1292, Abstract No. 586, G. Hectorne |
|
|
Survey 1199, Abstract No. 370, and W. Morrow Survey 1200, Abstract |
|
|
No. 589, being out of and a part of John T. Horton Ranch, recorded |
|
|
in Slide 25-A of the Atascosa County New Plat Cabinet, and also |
|
|
being comprised of a composite of those same certain tracts called |
|
|
Tract II (328.52 acres), Tract IV (remainder of 184.3 acres), and |
|
|
Tract V (101.87 acres) as described in conveyance document to The J |
|
|
W Gorman Family Partnership, Ltd., recorded in Document Number |
|
|
137428 of the Atascosa County Official Public Records, Atascosa |
|
|
County, Texas. Said 404.48 acres being bounded on the northwest by |
|
|
the following: 1.) fenced southeasterly margin of F.M. 1470 (Leming |
|
|
Drive), 2.) 26.73 acres, Maurilio Gonzales, Jr., PID: 16584 of the |
|
|
Atascosa County Appraisal District, 3.) 81.60 acres, James P. |
|
|
Shone, et ux., Book 707, Page 93 of the Atascosa County Deed |
|
|
Records, and 4.) 11.25 acres, James P. Shone, et ux., Book 857, Page |
|
|
700 of the Atascosa County Deed Records; on the southeast by the |
|
|
fenced northwesterly margin of Red Barn Road; and on the southwest |
|
|
by the following: 1.) 100 acres, Carolyn Daniel, Document Number |
|
|
143664 of the Atascosa County Official Public Records, and 2.) |
|
|
311.94 acres simultaneously surveyed this same day. Said 404.48 |
|
|
acres being more particularly described by metes and bounds as |
|
|
follows: (The courses, distances, areas and any coordinates cited |
|
|
herein or shown on the corresponding survey plat conform to the |
|
|
Texas Coordinate System, North American Datum 1983, Texas South |
|
|
Central Zone.) (All corners called for as being set are marked on |
|
|
the ground with 1/2" diameter rebar with plastic identification |
|
|
caps stamped "RPLS/6418" attached unless otherwise noted or shown.) |
|
|
BEGINNING at a found TxDOT Type II right-of-way monument at a |
|
|
point on the southeasterly margin of F.M. 1470, and marking the |
|
|
north corner of the herein described tract; |
|
|
THENCE: S 46° 38' 59" E, generally with the fence, and with the |
|
|
southeasterly margin of F.M. 1470 and the herein described tract |
|
|
for a distance of 60.45 feet to a found TxDOT Type II right- of-way |
|
|
monument at the intersection of F.M. 1470 and Red Barn Road, and |
|
|
marking an exterior corner of the herein described tract; |
|
|
THENCE: Generally with the fenced margin of Red Barn Road and |
|
|
the herein described tract for the following four (4) calls: |
|
|
1.) S 18° 25' 10" W, passing the ostensible common survey |
|
|
line of said Survey 1175 and said Survey 1292 for a distance of |
|
|
939.25 feet to a 4.5" diameter pipe fence angle post marking a |
|
|
deflection point of the herein described tract; |
|
|
2.) S 19° 27' 20" E, passing the ostensible common survey |
|
|
line of said Survey 1175 and said Survey 1198, continuing on the |
|
|
same course for a distance of 194.92 feet to a 4.5" diameter pipe |
|
|
fence angle post marking a deflection point of the herein described |
|
|
tract; |
|
|
3.) S 18° 36' 23" W, for a distance of 1644.49 feet to an |
|
|
unmarked corner marking an exterior corner of the herein described |
|
|
tract; |
|
|
THENCE: Crossing into and across Tract II, and generally with |
|
|
the fence for the following thirteen (13) calls: |
|
|
14.) N 72° 35' 23" W, for a distance of 464.92 feet to a |
|
|
leaning 7" diameter cedar fence angle post marking a deflection |
|
|
point of the herein described tract; |
|
|
15.) N 24° 16' 53" W, for a distance of 222.53 feet to a 4.5" |
|
|
diameter pipe 2-way fence corner post marking an interior corner of |
|
|
the herein described tract; |
|
|
16.) S 66° 54' 13" W, for a distance of 904.65 feet to a 3" |
|
|
diameter pipe 2-way fence corner post marking a deflection point of |
|
|
the herein described tract; |
|
|
17.) N 67° 10' 57" W, for a distance of 20.12 feet to a 3" |
|
|
diameter pipe 3-way fence corner post marking a deflection point of |
|
|
the herein described tract; |
|
|
18.) S 24° 00' 54" W, for a distance of 183.78 feet to a t- |
|
|
post fence angle post marking a deflection point of the herein |
|
|
described tract; |
|
|
19.) S 24° 12' 38" W, for a distance of 641.60 feet to a 3" |
|
|
diameter pipe fence angle post marking a deflection point of the |
|
|
herein described tract; |
|
|
20.) S 54° 15' 53" W, for a distance of 625.15 feet to a 3" |
|
|
diameter pipe 2-way fence corner post marking a deflection point of |
|
|
the herein described tract; |
|
|
21.) S 02° 26' 22" E, for a distance of 20.35 feet to a 3" |
|
|
diameter pipe fence angle post marking a deflection point of the |
|
|
herein described tract; |
|
|
22.) S 18° 20' 46" W, for a distance of 1138.27 feet to a 4.5" |
|
|
diameter pipe 2-way fence corner post at a point on the ostensible |
|
|
common survey line of said Survey 1198 and said Survey 1199, at a |
|
|
point in the northeasterly margin of an unnamed county road, and |
|
|
marking an interior corner of the herein described tract; |
|
|
23.) S 70° 45' 38" E, with the ostensible common survey line |
|
|
of said Survey 1198 and said Survey 1199, and with the northeasterly |
|
|
margin of an unnamed county road for a distance of 563.24 feet to a |
|
|
5" diameter cedar fence angle post marking a deflection point of the |
|
|
herein described tract; |
|
|
24.) S 70° 57' 07" E, with the ostensible common survey line |
|
|
of said Survey 1198 and said Survey 1199, and with the northeasterly |
|
|
margin of an unnamed county road for a distance of 593.07 feet to a |
|
|
t-post fence angle post marking a deflection point of the herein |
|
|
described tract; |
|
|
25.) S 70° 48' 28" E, with the ostensible common survey line |
|
|
of said Survey 1198 and said Survey 1199, and with the northeasterly |
|
|
margin of an unnamed county road for a distance of 498.03 feet to a |
|
|
2.5" diameter pipe fence angle post marking a deflection point of |
|
|
the herein described tract; |
|
|
26.) S 71° 01' 04" E, with the ostensible common survey line |
|
|
of said Survey 1198 and said Survey 1199, and with the northeasterly |
|
|
margin of an unnamed county road for a distance of 62.86 feet to a |
|
|
4.5" diameter pipe fence angle post at the intersection of Red Barn |
|
|
Road and an unnamed county road, and marking a deflection point of |
|
|
the herein described tract; |
|
|
THENCE: Generally with the fenced margin of Red Barn Road and |
|
|
the herein described tract for the following three (3) calls: |
|
|
3.) S 10° 11' 13" W, with the southeasterly margin of said |
|
|
unnamed county road and the herein described tract for a distance of |
|
|
40.83 feet to a 4.5" diameter pipe fence angle post at the |
|
|
intersection of Red Barn Road and an unnamed county road, and |
|
|
marking a deflection point of the herein described tract; |
|
|
4.) S 18° 05' 52" E, for a distance of 63.42 feet to a 4.5" |
|
|
diameter pipe fence angle post marking a deflection point of the |
|
|
herein described tract; |
|
|
5.) S 19° 15' 01" W, passing the ostensible common survey |
|
|
line of said Survey 1199 and said Survey 1200, continuing on the |
|
|
same course for a distance of 2557.83 feet to a leaning 9" diameter |
|
|
creosote fence angle post marking the east corner of said 100 acres, |
|
|
and marking the south corner of the herein described tract; |
|
|
THENCE: Generally with the fence, and with the common |
|
|
boundary lines of said 100 acres and the herein described tract for |
|
|
the following four (4) calls: |
|
|
1.) N 70° 50' 51" W, for a distance of 951.03 feet to a 4.5" |
|
|
diameter pipe 3-way fence corner post marking an interior corner of |
|
|
said 100 acres, and marking an exterior corner of the herein |
|
|
described tract; |
|
|
2.) N 19° 24' 09" E, for a distance of 331.50 feet to an |
|
|
unmarked corner marking an exterior corner of said 100 acres, and |
|
|
marking an interior corner of the herein described tract; |
|
|
3.) N 43° 41' 40" W, at 52.90 feet passing a 3" diameter pipe |
|
|
3-way fence corner post, continuing on the same course for a total |
|
|
distance of 635.25 feet to a 3" diameter pipe fence angle post |
|
|
marking a deflection point of said 100 acres, and marking a |
|
|
deflection point of the herein described tract; |
|
|
4.) N 53° 40' 55" W, for a distance of 154.71 feet to a 3" |
|
|
diameter pipe 2-way fence corner post marking the north corner of |
|
|
said 100 acres, marking the east corner of said 311.94 acres, and |
|
|
marking a deflection point of the herein described tract; |
|
|
THENCE: N 56° 44' 15" W, crossing into and across said Tract V |
|
|
and said Tract IV, and with the common boundary line of said 311.94 |
|
|
acres, crossing the ostensible common survey line of said Survey |
|
|
1199 and said Survey 1200, continuing on the same course, crossing |
|
|
the ostensible common survey line of said Survey 1176 and said |
|
|
Survey 1199, continuing on the same course for a distance of 2768.17 |
|
|
feet to a 3" diameter pipe fence angle post marking a deflection |
|
|
point of said 11.25 acres, marking a deflection point of said 311.94 |
|
|
acres, and marking the west corner of the herein described tract; |
|
|
THENCE: Generally with the fence, and with the common |
|
|
boundary lines of said 11.25 acres and the herein described tract |
|
|
for the following two (2) calls: |
|
|
1.) S 79° 52' 38" E, for a distance of 79.02 feet to a 3" |
|
|
diameter pipe fence angle post, marking the south corner of said |
|
|
11.25 acres, and marking an interior corner of the herein described |
|
|
tract; |
|
|
2.) N 53° 53' 08" E, for a distance of 296.62 feet to a found |
|
|
leaning 1/2" diameter rebar marking the common corner of said 11.25 |
|
|
acres and said 81.60 acres, and marking a deflection point of the |
|
|
herein described tract; |
|
|
THENCE: Generally with the fence, and with the common |
|
|
boundary line of said 81.60 acres and the herein described tract for |
|
|
the following four (4) calls: |
|
|
1.) N 53° 51' 54" E, for a distance of 1255.14 feet to a 4.5" |
|
|
diameter pipe 3-way fence corner post at a point on the ostensible |
|
|
common survey line of said Survey 1198 and said Survey 1199, marking |
|
|
an exterior corner of said 81.60 acres, and marking an interior |
|
|
corner of the herein described tract; |
|
|
2.) N 70° 48' 28" W, with the ostensible common survey line |
|
|
of said Survey 1198 and said Survey 1199 for a distance of 12.11 |
|
|
feet to a 4.5" diameter pipe 2-way fence corner post marking the |
|
|
ostensible common survey corner of said Survey 1198 and said Survey |
|
|
1199, at a point on the ostensible southeasterly survey line of said |
|
|
Survey 1176, marking an interior corner of said 81.60 acres, and |
|
|
marking an exterior corner of the herein described tract; |
|
|
3.) N 55° 07' 54" E, with the ostensible common survey line |
|
|
of said Survey 1176 and said Survey 1198 for a distance of 625.25 |
|
|
feet to a 3" diameter pipe 2-way fence corner post marking the |
|
|
ostensible common survey corner of said Survey 1176 and said Survey |
|
|
1175, marking an exterior corner of said 81.60 acres, and marking an |
|
|
interior corner of the herein described tract; |
|
|
4.) N 35° 15' 11" W, with the ostensible common survey line |
|
|
of said Survey 1175 and said Survey 1176 for a distance of 532.31 |
|
|
feet to a 3" diameter pipe 3-way fence corner post marking the south |
|
|
corner of said 26.73 acres, and marking an interior corner of the |
|
|
herein described tract; |
|
|
THENCE: Generally with the fence, and with the common |
|
|
boundary line of said 26.73 acres and the herein described tract for |
|
|
the following two (2) calls: |
|
|
1.) N 54° 27' 18" E, for a distance of 564.53 feet to a 3" |
|
|
diameter pipe 3-way fence corner post marking the east corner of |
|
|
said 26.73 acres, and marking an interior corner of the herein |
|
|
described tract; |
|
|
2.) N 07° 14' 52" W, at 1318.99 feet passing a 4.5" diameter |
|
|
pipe 3-way fence corner post, continuing on the same course for a |
|
|
total distance of 1320.13 feet to an unmarked corner at a point on |
|
|
the southeasterly margin of F.M. 1470, marking the north corner of |
|
|
said 26.73 acres, and marking an exterior corner of the herein |
|
|
described tract; |
|
|
THENCE: N 65° 54' 29" E, with the fenced southeasterly margin |
|
|
of F.M. 1470 and the herein described tract, at 251.24 feet passing |
|
|
a found TxDOT Type II right-of-way monument, continuing on the same |
|
|
course, at 2250.89 feet passing a found TxDOT Type II right- of-way |
|
|
monument, continuing on the same course, at 3750.75 feet passing a |
|
|
found TxDOT Type II right-of-way monument, continuing on the same |
|
|
course for a total distance of 4773.87 feet to the Place of |
|
|
Beginning and containing 404.48 acres, more or less, of land within |
|
|
the herein described boundary, of which approximately 4.52 acres |
|
|
lie within an unnamed county road (40' R.O.W.), of which |
|
|
approximately 2.17 acres lie within Old Pleasanton & Benton Road |
|
|
(60' R.O.W., platted, and unimproved), and of which approximately |
|
|
4.59 acres lie within enclosure fence (record title unknown), |
|
|
according to an actual on the ground survey made by Smyth Surveyors, |
|
|
Inc. and completed on September 28, 2022. |
|
|
Being a boundary survey of 4.52 acres, more or less, of land |
|
|
lying in Atascosa County, Texas, and being out of and a part of G. |
|
|
Hectorne Survey 1199, Abstract No. 370, Atascosa County, Texas. |
|
|
Said 4.52 acres being bounded on the northeast by Tract II (328.52 |
|
|
acres), The J W Gorman Family Partnership, Ltd., Document Number |
|
|
137428 of the Atascosa County Official Public Records; on the |
|
|
northwest by the following: 1.) 81.60 acres, James P. Shone, et ux., |
|
|
Book 707, Page 93 of the Atascosa County Deed Records, and 2.) 11.25 |
|
|
acres, James P. Shone, et ux., Book 857, Page 700 of the Atascosa |
|
|
County Deed Records; on the southwest by 0.616 acre simultaneously |
|
|
surveyed this same day; on the south by Tract IV (184.3 acres) The J |
|
|
W Gorman Family Partnership, Ltd., Document Number 137428 of the |
|
|
Atascosa County Official Public Records; and on the southeast by |
|
|
the fenced northwesterly margin of Red Barn Road. Said 4.52 acres |
|
|
being more particularly described by metes and bounds as follows: |
|
|
(The courses, distances, areas and any coordinates cited herein or |
|
|
shown on the corresponding survey plat conform to the Texas |
|
|
Coordinate System, North American Datum 1983, Texas South Central |
|
|
Zone.) (All corners called for as being set are marked on the ground |
|
|
with 1/2" diameter rebar with plastic identification caps stamped |
|
|
"RPLS/6418" attached unless otherwise noted or shown.) |
|
|
BEGINNING at a 4.5" diameter pipe fence angle post at a point |
|
|
on the ostensible common survey line of said Survey 1199 and N. |
|
|
Mcada Survey 1198, Abstract No. 566, at the intersection of Red |
|
|
Barn Road and an unnamed county road, and marking an exterior corner |
|
|
of the herein described tract; |
|
|
THENCE: S 10° 11' 13" W, with the southeasterly margin of said |
|
|
unnamed county road and the herein described tract for a distance of |
|
|
40.83 feet to a 4.5" diameter pipe fence angle post at the |
|
|
intersection of Red Barn Road and an unnamed county road, and |
|
|
marking an exterior corner of the herein described tract; |
|
|
THENCE: With the southerly margin of said unnamed county road |
|
|
and said 184.3 acres for the following five (5) calls: |
|
|
1.) N 70° 52' 16" W, for a distance of 1715.73 feet to an |
|
|
unmarked corner marking a deflection point of the herein described |
|
|
tract; |
|
|
2.) N 71° 28' 14" W, for a distance of 1614.73 feet to an |
|
|
unmarked corner marking an interior corner of the herein described |
|
|
tract; |
|
|
3.) S 53° 51' 54" W, for a distance of 1234.46 feet to an |
|
|
unmarked corner marking a deflection point of the herein described |
|
|
tract; |
|
|
4.) S 53° 53' 08" W, for a distance of 286.02 feet to an |
|
|
unmarked corner marking an exterior corner of the herein described |
|
|
tract; |
|
|
5.) N 79° 52' 38" W, for a distance of 68.45 feet to an |
|
|
unmarked corner marking the east corner of said 0.616 acre, and |
|
|
marking a deflection point of the herein described tract; |
|
|
THENCE: N 56° 44' 15" W, with the common boundary line of said |
|
|
0.616 acre and the herein described tract for a distance of 50.89 |
|
|
feet to a 3" diameter pipe fence angle post marking a deflection |
|
|
point of said 11.25 acres, marking a deflection point of said 0.616 |
|
|
acre, and marking the west corner of the herein described tract; |
|
|
THENCE: Generally with the fence, and with the common |
|
|
boundary lines of said 11.25 acres and the herein described tract |
|
|
for the following two (2) calls: |
|
|
3.) S 79° 52' 38" E, for a distance of 79.02 feet to a 3" |
|
|
diameter pipe fence angle post, marking the south corner of said |
|
|
11.25 acres, and marking an interior corner of the herein described |
|
|
tract; |
|
|
4.) N 53° 53' 08" E, for a distance of 296.62 feet to a found |
|
|
leaning 1/2" diameter rebar marking the common corner of said 11.25 |
|
|
acres and said 81.60 acres, and marking a deflection point of the |
|
|
herein described tract; |
|
|
THENCE: N 53° 51' 54" E, generally with the fence, and with the |
|
|
common boundary line of said 81.60 acres and the herein described |
|
|
tract for a distance of 1255.14 feet to a 4.5" diameter pipe 3-way |
|
|
fence corner post at a point on the ostensible common survey line of |
|
|
said Survey 1198 and said Survey 1199, marking an exterior corner of |
|
|
said 81.60 acres, at a point on a southwesterly line of said 328.52 |
|
|
acres, and marking the north corner of the herein described tract; |
|
|
THENCE: With the ostensible common survey line of said Survey |
|
|
1198 and said Survey 1199, and with the common boundary lines of |
|
|
said 328.52 acres and the herein described tract for the following |
|
|
two (2) calls: |
|
|
3.) S 71° 28' 14" E, for a distance of 1635.61 feet to an |
|
|
unmarked corner marking a deflection point of the herein described |
|
|
tract; |
|
|
4.) S 70° 52' 56" E for a distance of 1709.60 feet to the |
|
|
Place of Beginning and containing 4.52 acres, more or less, of land |
|
|
within the herein described boundary according to an actual on the |
|
|
ground survey made by Smyth Surveyors, Inc. and completed on |
|
|
November 30, 2022. |
|
|
Being a boundary survey of 311.94 acres, more or less, of land |
|
|
lying in Atascosa County, Texas, being out of and parts of G. |
|
|
Hectorne Survey 1199, Abstract No. 370, W. Morrow Survey 1200, |
|
|
Abstract No. 589, C. Horton Survey 1201, Abstract No. 380, and E.S. |
|
|
Harper Survey 1202, Abstract No. 366, being out of and a part of |
|
|
John T. Horton Ranch, recorded in Slide 25-A of the Atascosa County |
|
|
New Plat Cabinet, and also being comprised of a composite of those |
|
|
same certain tracts called Tract III (146.374 acres), Tract IV |
|
|
(remainder of 184.3 acres), Tract V (101.87 acres), and Tract VI |
|
|
(57.46 acres) as described in conveyance document to The J W Gorman |
|
|
Family Partnership, Ltd., recorded in Document Number 137428 of the |
|
|
Atascosa County Official Public Records, Atascosa County, Texas. |
|
|
Said 311.94 acres being bounded on the northwest by the fenced |
|
|
southeasterly margin of F.M. 1470 (Leming Drive); on the northeast |
|
|
by 11.25 acres, James P. Shone, et ux., Book 857, Page 700 of the |
|
|
Atascosa County Deed Records; on the southeast by 100 acres, |
|
|
Carolyn Daniel, Document Number 143664 of the Atascosa County |
|
|
Official Public Records; and on the southwest by the fenced |
|
|
northeasterly margin of Strawberry City Road. Said 311.94 acres |
|
|
being more particularly described by metes and bounds as follows: |
|
|
(The courses, distances, areas and any coordinates cited herein or |
|
|
shown on the corresponding survey plat conform to the Texas |
|
|
Coordinate System, North American Datum 1983, Texas South Central |
|
|
Zone.) (All corners called for as being set are marked on the ground |
|
|
with 1/2" diameter rebar with plastic identification caps stamped |
|
|
"RPLS/6418" attached unless otherwise noted or shown.) |
|
|
BEGINNING at a 3" diameter pipe 2-way fence corner post |
|
|
marking the north corner of said 100 acres, and marking the east |
|
|
corner of the herein described tract; |
|
|
THENCE: S 18° 52' 45" W, generally with the fence, passing the |
|
|
ostensible common survey line of said Survey 1200 and said Survey |
|
|
1201, continuing on the same course for a distance of 3122.32 feet |
|
|
to a 3" diameter pipe 3-way fence corner post marking the west |
|
|
corner of said 100 acres, and marking the south corner of the herein |
|
|
described tract; |
|
|
THENCE: Generally with the fenced northeasterly margin of |
|
|
Strawberry City Road and the herein described tract for the |
|
|
following three (3) calls: |
|
|
1.) N 71° 46' 34" W, for a distance of 1069.95 feet to a 3" |
|
|
diameter pipe fence angle post marking a deflection point of the |
|
|
herein described tract; |
|
|
2.) N 71° 35' 54" W, for a distance of 405.81 feet to a 3" |
|
|
diameter pipe fence angle post marking a deflection point of the |
|
|
herein described tract; |
|
|
3.) N 70° 56' 03" W, for a distance of 2171.57 feet to a found |
|
|
leaning TxDOT Type I right-of-way monument at the intersection of |
|
|
Strawberry City Road and F.M. 1470, and marking a deflection point |
|
|
of the herein described tract; |
|
|
THENCE: Generally with the fenced southeasterly margin of |
|
|
F.M. 1470 and the herein described tract for the following four (4) |
|
|
calls: |
|
|
1.) N 26° 01' 40" W, for a distance of 106.32 feet to a found |
|
|
TxDOT Type II right-of-way monument at a point on the ostensible |
|
|
common survey line of said Survey 1200 and said Survey 1201, and |
|
|
marking the west corner of the herein described tract; |
|
|
2.) N 19° 25' 08" E, with the ostensible common survey line |
|
|
of said Survey 1200 and said Survey 1201, passing the ostensible |
|
|
common survey corner of said Survey 1200 and said Survey 1201, |
|
|
continuing on the same course, at 2898.84 feet passing a found TxDOT |
|
|
Type II right-of-way monument, continuing on the same course, |
|
|
passing the ostensible common survey line of said Survey 1200 and |
|
|
said Survey 1202, continuing on the same course for a total distance |
|
|
of 4363.12 feet to a found TxDOT Type II right-of-way monument |
|
|
marking a deflection point of the herein described tract; |
|
|
3.) N 83° 05' 12" E, for a distance of 66.64 feet to a found |
|
|
broken TxDOT Type I right-of-way monument marking a deflection |
|
|
point of the herein described tract; |
|
|
4.) N 26° 16' 04" E, for a distance of 25.94 feet to a 3" |
|
|
diameter pipe 3-way fence corner post at a point on the ostensible |
|
|
common survey line of said Survey 1202 and I. Wautz Survey 1176, |
|
|
Abstract No. 895, marking a deflection point of said 11.25 acres, |
|
|
and marking the north corner of the herein described tract; |
|
|
THENCE: S 35° 21' 31" E, generally with the fence, with the |
|
|
ostensible common survey line of said Survey 1202 and said Survey |
|
|
1176, and with the common boundary lines of said 11.25 acres and the |
|
|
herein described tract for a distance of 1154.04 feet to a 3" |
|
|
diameter pipe fence angle post marking a deflection point of said |
|
|
11.25 acres, and marking a deflection point of the herein described |
|
|
tract; |
|
|
THENCE: S 56° 44' 15" E, crossing into and across said Tract IV |
|
|
and said Tract V, crossing the ostensible common survey line of said |
|
|
Survey 1176 and said Survey 1199, continuing on the same course, |
|
|
crossing the ostensible common survey line of said Survey 1199 and |
|
|
said Survey 1200, continuing on the same course for a distance of |
|
|
2768.17 feet to the Place of Beginning and containing 311.94 acres, |
|
|
more or less, of land within the herein described boundary, of which |
|
|
approximately 0.61 acre lie within an unnamed county road (40' |
|
|
R.O.W.), and of which approximately 2.76 acres lie within Old |
|
|
Pleasanton & Benton Road (60' R.O.W., platted, and unimproved), |
|
|
according to an actual on the ground survey made by Smyth Surveyors, |
|
|
Inc. and completed on September 20, 2022. |
|
|
Being a boundary survey of 399.52 acres, more or less, of land |
|
|
lying in Atascosa County, Texas, being out of and parts of S. |
|
|
Arreola Survey 1120, Abstract No. 37, S. Arreola Survey 1119, |
|
|
Abstract No. 36, I. Wautz Survey 1175, Abstract No. 896, and M. |
|
|
Moritz Survey 1292, Abstract No. 586, and also being that same |
|
|
certain tract called Tract I (400.01 acres) as described in |
|
|
conveyance document to The J W Gorman Family Partnership, Ltd., |
|
|
recorded in Document Number 137428 of the Atascosa County Official |
|
|
Public Records, Atascosa County, Texas. Said 399.52 acres being |
|
|
bounded on the southeast by the fenced northwesterly margin of F.M. |
|
|
1470 (Leming Drive); on the west by 48.24 acres, Maurilio and Diane |
|
|
Gonzales, Document Number 152961 of the Atascosa County Official |
|
|
Public Records; on the northwest by the following: 1.) 101.21 |
|
|
acres, Maurilio and Diane Gonzales, Jr., Document Number 152953 of |
|
|
the Atascosa County Official Public Records, 2.) 94.42 acres, |
|
|
Maurilio and Diane Gonzales, Document Number 152956 of the Atascosa |
|
|
County Official Public Records, and 3.) 100.00 acres, David L. |
|
|
Domsch, Volume 173, Page 690 of the Atascosa Official Public |
|
|
Records; and on the northeast by the fenced margin of Red Barn Road. |
|
|
Said 399.52 acres being more particularly described by metes and |
|
|
bounds as follows: (The courses, distances, areas and any |
|
|
coordinates cited herein or shown on the corresponding survey plat |
|
|
conform to the Texas Coordinate System, North American Datum 1983, |
|
|
Texas South Central Zone.) (All corners called for as being set are |
|
|
marked on the ground with 1/2" diameter rebar with plastic |
|
|
identification caps stamped "RPLS/6418" attached unless otherwise |
|
|
noted or shown.) |
|
|
BEGINNING at an unmarked corner at a point on the |
|
|
northwesterly margin of F.M. 1470, marking the southeast corner of |
|
|
said 48.24 acres, and marking the south corner of the herein |
|
|
described tract, from which a found TxDOT Type I right-of-way |
|
|
monument bears S 65° 54' 36" W at a distance of 1453.64 feet; |
|
|
THENCE: N 07° 18' 28" W, with the common boundary line of said |
|
|
48.24 acres and the herein described tract, at 0.35 feet passing a |
|
|
4.5" diameter pipe 3-way fence corner post, continuing on the same |
|
|
course and now generally with the fence for a total distance of |
|
|
1240.29 feet to a 3" diameter pipe 3-way fence corner post at a |
|
|
point on the ostensible common survey line of said Survey 1175 and |
|
|
S. Arreola Survey 1119, Abstract No. 36, marking a deflection point |
|
|
of said 48.24 acres, marking the south corner of said 101.21 acres, |
|
|
and marking an exterior corner of the herein described tract; |
|
|
THENCE: N 54° 01' 39" E, generally with the fence, with the |
|
|
ostensible common survey line of said Survey 1175 and said Survey |
|
|
1119, and with the common boundary line of said 101.21 acres and the |
|
|
herein described tract, passing the common corner of said 101.21 |
|
|
acres and said 94.42 acres, continuing on the same course and now |
|
|
with the common boundary line of said 94.42 acres and the herein |
|
|
described tract for a distance of 2591.83 feet to a 11" diameter |
|
|
creosote 2-way fence corner post marking the ostensible common |
|
|
survey corner of said Survey 1175 and said Survey 1119, at a point |
|
|
on the ostensible southwesterly survey line of said Survey 1120, |
|
|
marking the east corner of said 94.42 acres, and marking an interior |
|
|
corner of the herein described tract; |
|
|
THENCE: N 36° 08' 32" W, generally with the diverging fence, |
|
|
with the ostensible common survey line of said Survey 1119 and said |
|
|
Survey 1120, and with the common boundary line of said 94.42 acres |
|
|
and the herein described tract for a distance of 2093.55 feet to a |
|
|
found 5/8" diameter rebar with a plastic cap marked "JOHN |
|
|
HOWARD/RPLS 4611" marking the south corner of said 100.00 acres, |
|
|
and marking an exterior corner of the herein described tract; |
|
|
THENCE: N 55° 00' 19" E, with the common boundary line of said |
|
|
100.00 acres and the herein described tract for a distance of |
|
|
3594.33 feet to a found 5/8" diameter rebar with a plastic cap |
|
|
marked "JOHN HOWARD/RPLS 4611" at a point on the southwesterly |
|
|
margin of Red Barn Road, marking the east corner of said 100.00 |
|
|
acres, and marking the north corner of the herein described tract; |
|
|
THENCE: S 35° 14' 40" E, generally with the converging fence, |
|
|
and with the southwesterly margin of Red Barn Road and the herein |
|
|
described tract for a distance of 1793.52 feet to a 9" diameter |
|
|
creosote fence angle post marking a deflection point of the herein |
|
|
described tract; |
|
|
THENCE: Generally with the fenced margin of Red Barn Road and |
|
|
the herein described tract for the following four (4) calls: |
|
|
4.) S 34° 53' 17" E, for a distance of 764.74 feet to a 9" |
|
|
diameter creosote fence angle post marking a deflection point of |
|
|
the herein described tract; |
|
|
5.) S 13° 30' 50" E, passing the ostensible common survey |
|
|
line of said Survey 1120 and said Survey 1292, continuing on the |
|
|
same course for a distance of 221.66 feet to an 8" diameter creosote |
|
|
fence angle post marking a deflection point of the herein described |
|
|
tract; |
|
|
6.) S 15° 45' 50" W, for a distance of 584.06 feet to an 8" |
|
|
diameter creosote fence angle post marking a deflection point of |
|
|
the herein described tract; |
|
|
7.) S 18° 08' 23" W, for a distance of 1666.51 feet to a found |
|
|
TxDOT Type II right-of-way monument at the intersection of Red Barn |
|
|
Road and F.M. 1470, and marking a deflection point of the herein |
|
|
described tract; |
|
|
THENCE: With the fenced northwesterly margin of F.M. 1470 and |
|
|
the herein described tract for the following two (2) calls: |
|
|
1.) S 41° 45' 44" W, for a distance of 91.46 feet to an |
|
|
unmarked corner marking a deflection point of the herein described |
|
|
tract, from which point a 4.5" diameter pipe fence angle post bears |
|
|
N 53° 54' 38" W at a distance of 2.48 feet; |
|
|
2.) S 65° 54' 36" W, passing the ostensible common survey |
|
|
line of said Survey 1292 and said Survey 1175, continuing on the |
|
|
same course, at 1137.84 feet passing a found TxDOT Type II |
|
|
right-of-way monument, continuing on the same course, at 2637.64 |
|
|
feet passing a found TxDOT Type II right-of-way monument, |
|
|
continuing on the same course, at 3121.06 feet passing a found TxDOT |
|
|
Type II right-of-way monument, continuing on the same course, at |
|
|
4637.23 feet passing 1.12 feet to the right of a found TxDOT Type II |
|
|
right-of-way monument, continuing on the same course, for a total |
|
|
distance of 4858.45 feet to the Place of Beginning and containing |
|
|
399.52 acres, more or less, of land within the herein described |
|
|
boundary, according to an actual on the ground survey made by D. G. |
|
|
Smyth & Co., Inc. and completed on August 26, 2022. |
|
|
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 |
|
|
7957A, Special District Local Laws Code, as added by Section 1 of |
|
|
this Act, is amended by adding Section 7957A.0308 to read as |
|
|
follows: |
|
|
Sec. 7957A.0308. 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, 2023. |