Bill Text: TX HB3804 | 2011-2012 | 82nd Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to the creation of the Lajitas Utility District No. 1 of Brewster County; providing authority to impose taxes and issue bonds; granting a limited power of eminent domain.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2011-06-17 - Effective immediately [HB3804 Detail]

Download: Texas-2011-HB3804-Comm_Sub.html

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82R20365 PMO-F
By: Gallego H.B. No. 3804
Substitute the following for H.B. No. 3804:
By: Beck C.S.H.B. No. 3804

A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Lajitas Utility District No. 1 of
Brewster County; providing authority to impose taxes and issue
bonds; granting a limited power of eminent domain.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle X, Title 6, Special District Local Laws
Code, is amended by adding Chapter 11002 to read as follows:
CHAPTER 11002. LAJITAS UTILITY DISTRICT NO. 1 OF BREWSTER COUNTY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 11002.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Lajitas Utility District No.
1 of Brewster County.
Sec. 11002.002. NATURE OF DISTRICT. The district is a
utility district with combined powers created under Section 59,
Article XVI, Texas Constitution.
Sec. 11002.003. CONFIRMATION AND DIRECTORS' ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 11002.004. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
(a) The district is created to serve a public purpose and benefit.
(b) All land and other property included in the district
will benefit from the improvements and services to be provided by
the district under powers conferred by Sections 52 and 52-a,
Article III, and Section 59, Article XVI, Texas Constitution, and
other powers granted under this chapter.
(c) 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;
(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; and
(3) Section 52-a, Article III, Texas Constitution,
that relate to the development and diversification of the economy
of this state and other purposes of that section.
(d) The creation of the district is in the public interest
and essential to:
(1) further the public purposes of developing and
diversifying the economy of the state;
(2) eliminate unemployment and underemployment; and
(3) develop or expand transportation and commerce.
(e) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, potential employees, employees, visitors,
and consumers in the district, and of the public;
(2) provide needed funding for the district to
preserve, maintain, and enhance the economic health and vitality of
the district territory as a community and business center; and
(3) promote the health, safety, welfare, and enjoyment
of the public by providing pedestrian ways and by landscaping and
developing certain areas in the district, which are necessary for
the restoration, preservation, and enhancement of scenic beauty.
(f) Pedestrian ways along or across a street, whether at
grade or above or below the surface, and street lighting, street
landscaping, parking, and street art objects are parts of and
necessary components of a street and are considered to be a street
or road improvement.
(g) The district is not an agent or instrumentality of a
private interest even though the district will benefit private
interests as well as the public.
Sec. 11002.005. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act creating this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act creating 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.
[Sections 11002.006-11002.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 11002.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 11002.052, directors
serve staggered four-year terms.
Sec. 11002.052. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Brent Ratliff;
(2) George Kutch;
(3) John Nolan;
(4) Renee Lorenz; and
(5) H. C. Ross.
(b) If a temporary director fails to qualify for office, the
temporary directors who have qualified shall appoint a person to
fill the vacancy.
(c) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 11002.003; or
(2) the fourth anniversary of the effective date of
the Act creating this chapter.
(d) If permanent directors have not been elected under
Section 11002.003 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (e) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 11002.003; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(e) If Subsection (d) 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 Texas Commission on Environmental
Quality 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.
[Sections 11002.053-11002.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 11002.101. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 11002.102. 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. 11002.103. IMPROVEMENT PROJECTS AND SERVICES. Except
as provided by Section 11002.113, the district may provide
improvement projects and services in the same manner as a municipal
management district under Section 375.112, Local Government Code.
Sec. 11002.104. AUTHORITY FOR ROAD PROJECTS. (a) Under
Section 52, Article III, Texas Constitution, the district may
design, acquire, construct, finance, issue bonds for, improve, and
convey to this state, a county, or a municipality for operation and
maintenance macadamized, graveled, or paved roads described by
Section 54.234, Water Code, or improvements, including storm
drainage, in aid of those roads.
(b) The district may exercise the powers provided by this
section without submitting a petition to or obtaining approval from
the Texas Commission on Environmental Quality as required by
Section 54.234, Water Code.
(c) The district, at the district's expense, shall repair
and maintain any internal streets and roads in the district.
Brewster County has no obligation to repair or maintain the
internal streets and roads in the district, even on dissolution of
the district.
Sec. 11002.105. APPROVAL OF ROAD PROJECT. (a) The district
may not undertake a road project authorized by Section 11002.104
unless:
(1) each county that will operate and maintain the
road has approved the plans and specifications of the road project,
if a county will operate and maintain the road; or
(2) the Texas Transportation Commission has approved
the plans and specifications of the road project, if the state will
operate and maintain the road.
(b) Except as provided by Subsection (a), the district is
not required to obtain approval from the Texas Transportation
Commission to design, acquire, construct, finance, issue bonds for,
improve, or convey a road project.
Sec. 11002.106. 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. 11002.107. LIMITATION ON USE OF EMINENT DOMAIN. (a)
The district may not exercise the power of eminent domain outside
the district to acquire a site or easement for:
(1) a road project authorized by Section 11002.104; or
(2) a recreational facility as defined by Section
49.462, Water Code.
(b) If the district's exercise of its eminent domain power
requires relocating, raising, lowering, rerouting, or altering the
construction of any electric transmission or electric distribution
line, conduit, pole, or facility, the district must bear the actual
cost of relocating, raising, lowering, rerouting, or altering the
construction of any electric transmission or electric distribution
line to provide a comparable replacement without enhancing the
facility, after deducting from the cost the net salvage value
derived from the old facility.
Sec. 11002.108. ELECTRIC POWER FACILITIES. The district
may construct or acquire electric power generating, transmission,
and distribution facilities and improvements in aid of these
facilities.
Sec. 11002.109. AIRPORT. The district may construct,
acquire, improve, maintain, and operate an airport and improvements
in aid of the airport.
Sec. 11002.110. EXERCISE OF POWERS OF DEVELOPMENT
CORPORATION. The district may exercise the powers of a corporation
created under the Development Corporation Act (Subtitle C1, Title
12, Local Government Code).
Sec. 11002.111. DIVISION OF DISTRICT. (a) The district may
be divided into two or more new districts only if the district:
(1) has no outstanding bonded debt; and
(2) is not imposing ad valorem taxes.
(b) This chapter applies to any new district created by the
division of the district, and a new district has all the powers and
duties of the district.
(c) Any new district created by the division of the district
may not, at the time the new district is created, contain any land
outside the area described by Section 2 of the Act creating 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
11002.003 to confirm the district's creation.
(f) An order dividing the district shall:
(1) name each new district;
(2) include the metes and bounds of each new district;
(3) appoint temporary directors for each new district;
and
(4) provide for the division of assets and liabilities
between or among the new districts.
(g) On or before the 30th day after the date of adoption of
an order dividing the district, the district shall file the order
with the Texas Commission on Environmental Quality and record the
order in the real property records of each county in which the
district is located.
(h) Any new district created by the division of the district
shall hold a confirmation and directors' election as required by
Section 11002.003.
(i) Any new district created by the division of the district
must hold an election as required by this chapter to obtain voter
approval before the district may impose a maintenance tax or issue
bonds payable wholly or partly from ad valorem taxes.
Sec. 11002.112. GROUNDWATER REGULATION. Section 36.121,
Water Code, does not apply to a groundwater well owned or used by
the district within the boundaries of the Brewster County
Groundwater Conservation District. The rules of the Brewster
County Groundwater Conservation District govern a groundwater well
owned or used by the district within the Brewster County
Groundwater Conservation District.
Sec. 11002.113. RETAIL ELECTRIC UTILITY SERVICES
PROHIBITED. The district may not provide retail electric utility
services, including transmission and distribution services, to
residential, retail, commercial, industrial, or other customers
inside or outside the district.
[Sections 11002.114-11002.150 reserved for expansion]
SUBCHAPTER D. TRANSFER OF PUBLIC IMPROVEMENTS
Sec. 11002.151. DEFINITION. In this subchapter, "receiving
entity" means the entity that holds a certificate of convenience
and necessity issued by the Public Utility Commission of Texas for
the territory included in the district.
Sec. 11002.152. TRANSFER OF CERTAIN IMPROVEMENTS REQUIRED.
Subject to Section 11002.155, the district shall transfer
improvements described by Section 11002.108 in accordance with this
section on the later of:
(1) the date that the district acquires or completes
the improvement; or
(2) the date the receiving entity approves the
transfer.
Sec. 11002.153. CONSTRUCTION STANDARDS. A public
improvement transferred under this subchapter must be constructed
in compliance with:
(1) the requirements and specifications established
by the receiving entity on or before the date that construction of
the improvement begins; and
(2) any tariffs for the electric utility or
cooperative that is the receiving entity.
Sec. 11002.154. PARTIAL TRANSFER IN STAGES. The district
may transfer part of an improvement under this subchapter if the
district completes construction of the improvement in stages.
Sec. 11002.155. TRANSFER WITHOUT DEBT REQUIRED. The
district shall convey all improvements that it is required to
transfer under this subchapter without debt or other encumbrance.
Sec. 11002.156. OWNERSHIP AND RESPONSIBILITY AFTER
TRANSFER. (a) After a transfer under this subchapter, the
receiving entity owns the improvement and has sole jurisdiction and
control over the improvement. On acceptance of the transfer, the
receiving entity is responsible for all maintenance of the
improvement, and the district is not responsible for the
improvement or its maintenance.
(b) This section does not affect any authority of the
receiving entity to alter, relocate, close, or discontinue
maintenance of an improvement.
Sec. 11002.157. EFFECT OF CONVEYANCE ON DISTRICT DEBT.
Conveyance of a public improvement to a receiving entity under this
subchapter does not affect:
(1) the sole responsibility of the district to pay in
full the principal of and interest and any premium on any
outstanding district bonds or other debt; or
(2) the district's responsibility to perform the
obligations provided by an order or resolution authorizing bonds or
other debt.
[Sections 11002.158-11002.200 reserved for expansion]
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
Sec. 11002.201. 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 11002.203.
(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. 11002.202. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 11002.201, 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. 11002.203. 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.
Sec. 11002.204. SALES AND USE TAX. (a) The district may
impose a sales and use tax if authorized by a majority of the voters
of the district voting at an election called for that purpose.
Revenue from the tax may be used for any purpose for which ad
valorem tax revenue of the district may be used.
(b) The district may not adopt a sales and use tax if as a
result of the adoption of the tax the combined rate of all sales and
use taxes imposed by the district and other political subdivisions
of this state having territory in the district would exceed two
percent at any location in the district.
(c) If the voters of the district approve the adoption of a
sales and use tax at an election held on the same election date on
which another political subdivision adopts a sales and use tax or
approves an increase in the rate of its sales and use tax and as a
result the combined rate of all sales and use taxes imposed by the
district and other political subdivisions of this state having
territory in the district would exceed two percent at any location
in the district, the election to adopt a sales and use tax under
this chapter has no effect.
(d) Chapter 321, Tax Code, applies to the imposition,
computation, administration, enforcement, and collection of the
sales and use tax imposed by this section except to the extent it is
inconsistent with this chapter.
(e) The district may not impose a sales and use tax at a rate
that would cause the rate of the total sales and use taxes collected
by all municipalities and other political subdivisions at a
location in the district to exceed the maximum rate allowed by law.
If a political subdivision's increase to a sales and use tax rate
causes the total sales and use tax rate imposed at a location in the
district to exceed the maximum rate allowed by law, the district's
sales and use tax rate is automatically reduced to bring the total
rate imposed at that location down to a rate allowed by law.
Sec. 11002.205. ASSESSMENTS; MUNICIPAL MANAGEMENT DISTRICT
POWERS. Except as provided by Section 11002.206, the district may
levy and collect special assessments in the same manner and for the
same purposes as a municipal management district as provided in
Subchapter F, Chapter 375, Local Government Code.
Sec. 11002.206. ELECTRIC UTILITY PROPERTY EXEMPT FROM
IMPACT FEES AND ASSESSMENTS. The district may not impose an impact
fee or assessment on the property, including the equipment,
rights-of-way, facilities, or improvements, of an electric
cooperative as defined by Section 161.002, Utilities Code.
[Sections 11002.207-11002.250 reserved for expansion]
SUBCHAPTER F. BONDS AND OTHER OBLIGATIONS
Sec. 11002.251. 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, sales and use taxes, other
district money, or any combination of those sources to pay for any
authorized district purpose.
Sec. 11002.252. TAXES FOR BONDS. (a) At the time the
district issues bonds payable wholly or partly from ad valorem
taxes, the board shall provide for the annual imposition of an ad
valorem tax, without limit as to rate or amount, as required by
Section 54.601, Water Code.
(b) The board shall annually impose the tax while all or
part of the bonds are outstanding. Sections 54.601 and 54.602,
Water Code, govern the amount and rate of the tax.
Sec. 11002.253. 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 Lajitas Utility District No. 1 of Brewster
County initially includes all the territory contained in the
following area:
FIELD NOTE DESCRIPTION
Being a 29,662.453 acre tract of land located in and a part of Block
341, T.C. Ry. Co. Surveys, Block G-12, G.C. & S.F. Ry. Co. Surveys,
Block G-5, M.K. & Te. Ry. Co. Surveys, and Block 17, G.H. & S.A. Ry.
Co. Surveys in Brewster County, Texas and being described as the
portion of land north and south of the center line of FM Highway 170
less Save and Except portions described. The property description
is as follows:
Property described as being located north of FM Highway 170
Tract 1
Being parts of the following Surveys:
T. C. Ry. Co. Surveys, Block 341
G. C. & S.F. Ry. Co. Surveys, Block G-12
M. K. & TE. Ry. Co. Surveys, Block G-5
Beginning at a rock mound found for the northeast corner of Section
73 and the northwest corner of Section 72, Block 341, T. C. Ry. Co.
Surveys common with the northeast corner of Section 59, the
northwest corner of Section 60, Block G-12, G. C. & SF Ry. Co.
Surveys in Brewster County, Texas this being the Place of Beginning
of this survey description of property located north of the center
line of FM Highway 170;
THENCE S 89˚ 38' 51" W, a distance of 5,277.8 feet along the north
section line of said Section 73 to a rock mound located at the
northwest corner of said Section 73 common to the northeast corner
of Section 84, Block 341;
THENCE S 89˚ 38' 51" W, a distance of 5,277.8 feet along the north
section line of said Section 84 a rock mound located at the
northwest corner of said Section 84, common to the northeast corner
of Section 85, Block 341;
THENCE S 89˚ 38' 51" W, a distance of 5,277.8 feet along the north
section line of said Section 85 to a rock mound located at the
northeast corner of Section 96,common with the southeast corner of
Section 56 Block 341;
THENCE N 00˚ 21' 09" W, a distance of 5,277.8 feet along the east
section line of said Section 56 to a rock mound located at the
northeast corner of said Section 56, common with the northwest
corner of Section 57, and the southwest corner of Section 44, Block
12;
THENCE S 89˚ 38' 51" W, a distance of 5,277.8 feet along the north
section line of said Section 56 to a rock mound located at the
northwest corner of said Section 56, common the northeast corner of
Section 55, Block 341;
THENCE N 00˚ 21' 09" W, a distance of 5,277.8 feet along the east
section line of said Section 48 to a rock mound located at the
southeast corner of said Section 47; common with the northeast
corner of Section 48, and the southwest corner of Section 46, Block
341;
THENCE N 00˚ 21' 09" W, a distance of 5,277.8 feet along the east
section line of said Section 47 to a rock mound located at the
northeast corner of said Section 47; common with the southeast
corner of Section 103, and the northwest corner of Section 46, Block
341
THENCE N 00˚ 21' 09" W, a distance of 5,277.8 feet along the east
section line of said Section 103 to a rock mound located at the
northeast corner of said Section 103; common with the southeast
corner of Section 102, Block G-5;
THENCE S 89˚ 38' 51" W, a distance of 5,277.8 feet along the north
section line of said Section 103 to a rock mound located at the
southeast corner of Section 105;
THENCE N 00˚ 21' 09" W, a distance of 5,277.8 feet along the east
section line of said Section 105 to a rock mound located at the
northeast corner of Section 105; common with the northwest corner
of Section 102 , Block G-5;
THENCE S 89˚ 38' 51" W, a distance of 5,277.8 feet along the north
section line of said Section 105 to a rock mound located at the
northwest corner of said Section 105, common with the northeast
corner of Section 106;
THENCE S 00˚ 21' 09" E, a distance of 5,277.8 feet along the west
section line of said Section 105 and the east line of Section 106 to
a rock mound located at the southwest corner of said Section 105;
THENCE N 89˚ 38' 51" E, a distance of 5,277.8 feet along the south
section line of said Section 105 to a rock mound located at the
southeast corner of said Section 105, common with the northwest
corner of Section 103, Block G-5;
THENCE S 00˚ 21' 09" E, a distance of 5,277.8 feet along the west
section line of said Section 103 to a rock mound located at the
northwest corner of said Section 47, common with the southwest
corner of Section 103, Block G-5;
THENCE S 00˚ 21' 09" E, a distance of 5,277.8 feet along the west
section line of said Section 47 to a rock mound located at the
northwest corner of said Section 48;
THENCE S 00˚ 21' 09" E, a distance of 5,277.8 feet along the west
section line of said Section 48 to a rock mound located at the
northwest corner of said Section 55, common with the southeast
corner of Section 49, Block G-12,
THENCE S 00˚ 21' 09" E, a distance of 5,277.8 feet along the west
section line of said Section 55 from a rock mound located at the
northwest corner of said Section 55, common with the southwest
corner of Section 48, Block G-12, from which face of bluff bears S
70˚ W and the south point of rim bears N 84˚ 30' W;
THENCE N 89˚ 38' 51" E, a distance of 5,277.8 feet along the south
section line of said Section 55 to a rock mound located at the
southwest corner of said Section 56, common with the northwest
corner of Section 96, Block 341;
THENCE S 00˚ 21' 09" E, a distance of 5,277.8 feet along the west
section line of said Section 96 to a rock mound located at the
northeast corner of said Section 98, common with the northwest
corner of Section 95, Block 341, common with the southwest corner of
Section 96, Block 341, from which Emory Peak bears S 80˚ 45' E;
THENCE S 00˚ 21' 09" E, a distance of 5,277.8 feet along the west
section line of said Section 95 to a rock mound located at the
southeast corner of Section 98;
THENCE S 89˚ 38' 51" W, a distance of 5,277.8 feet along the south
section line of said Section 98 to a rock mound located at the
southwest corner of said Section 98;
THENCE N 00˚ 21' 09" W, a distance of 5,277.8 feet (called 1,900
varas) along the east section lines of Section 100 and Section 101
to a rock mound located at the northwest corner of said Section 98;
THENCE S 89˚ 38' 51" W, a distance of 4,333.4 feet along the north
section line of said Section 101 to a rock mound located on the east
line Section 36;
THENCE N 00˚ 21' 09" W, a distance of 1,466.7 feet along the east
section line of said Section 36 to a rock mound found at the
northeast corner of said Section 36;
THENCE S 89˚ 38' 51" W (called East), a distance of 2,852.75 feet
along the north section line of said Section 36 to a rock mound
located at the northwest corner of said Section 36;
THENCE S 00˚ 21' 09" E (called North), a distance of 50.6 feet, more
or less, along the west section line of said Section 36 to a rock
mound located at the northeast corner of said Section 35,
continuing 9304.42 feet, to the north right-of-way line of FM
Highway 170;
THENCE S 00˚ 21' 09" E (called North), a distance of 60.0 feet, more
or less, along the west section line of said Section 36 to the
center line of said of FM Highway 170;
THENCE along the established center line as follows;
THENCE N 86˚ 22' 12" E, a distance of 669.91 feet along the center
line of the right-of-way line of F. M. Highway 170 to point located
at the beginning of a curve to the left having a center line central
angle of 10˚ 10' 58" Left, a Radius of 1,909.86 feet;
THENCE around the said curve to the left, a distance of 339.43 feet,
to a point of tangent;
THENCE N 76˚ 11' 14" E, a distance of 203.77 feet along the center
line of the right-of-way line of F. M. Highway 170 to point located
at the beginning of a curve to the right having a center line
central angle of 62˚ 55' 00" Right, a Radius of 818.51 feet;
THENCE around the said curve to the right, a distance of 898.81
feet, to a point of tangent;
THENCE S 40˚ 53' 46"E, a distance of 1,564.13 feet along the center
line of the right-of-way line of F. M. Highway 170 to a point
located on the Section line between Sections 36 and 37, and
continuing on a distance of 72.2 feet to the beginning of a curve to
the left, having a center line central angle of 50˚ 46' 37.1" left,
a R = 954.93 feet;
THENCE around the said curve to the left, a distance of 846.28 feet,
to a point of tangent;
THENCE N 88˚ 19' 38" E, a distance of 747.91 feet along the center
line of the right-of-way line of F. M. Highway 170 to point located
at the beginning of a curve to the left having a center line central
angle of 33˚ 39 ' 17" left , a R = 1,909.86 feet;
THENCE around the said curve to the left, a distance of 670.43 feet,
to a point located on the Section line between Sections 37 and 100,
and continuing on a distance of 451.4 feet to a point of tangent for
a total distance of 1,121.82 feet;
THENCE N 54˚ 40' 21"E, a distance of 2,677.46 feet along the center
line of the right-of-way line of F. M. Highway 170 to a point
located on the Section line between Sections 100 and 99, and
continuing on a distance of 3,073.0 feet to the beginning of a curve
to the right, having a center line central angle of 44˚ 08'
21"'right, a R = 1,273.24 feet; and this Easement is described an
recorded in Volume 133 Page 435 of the Brewster County Deed Records;
THENCE around the said curve to the right, a distance of 980.87
feet, to a point of tangent;
THENCE S 81˚ 11' 18" E, a distance of 672.9 feet along the center
line of the right-of-way line of F. M. Highway 170 to point located
at the beginning of a curve to the left having a center line central
angle of 43˚ 21' 04" left , a R = 818.51 feet;
THENCE around the said curve to the left, a distance of 419.60 feet,
to a point located on the Section line between Sections 99 and 94,
and continuing on a distance of 199.7 feet to a point of tangent,
for a total distance of 619.30 feet and this Easement is described
an recorded in Volume 133 Page 436 of the Brewster County Deed
Records;
THENCE N 55˚ 27' 38" E, a distance of 82.6 feet along the center line
of the right-of-way line of F. M. Highway 170 to a point located on
the Section line between Sections 94 and 95, and continuing on a
distance of 5,266.18 feet for a total distance of 5,348.78 feet to
the beginning of a curve to the right, having a center line central
angle of 25˚ 53' 28" right, a R = 1,432.39 feet;
THENCE around the said curve to the right, a distance of 647.28
feet, to a point of tangent;
THENCE N 81˚ 21' 07" E, a distance of 267.0 feet along the center
line of the right-of-way line of F. M. Highway 170 to a point
located on the Section line between Sections 95 and 86, and
continuing on a distance of 995.5 feet for a total distance of
1,262.50 feet to the beginning of a curve to the right, having a
center line central angle of 61˚ 36' 30" right, a R = 881.47 feet;
THENCE around the said curve to the right, a distance of 947.81
feet, to a point of tangent;
THENCE S 37˚ 02' 23" E, a distance of 1,119.4 feet along the center
line of the right-of-way line of F. M. Highway 170 to point located
at the beginning of a curve to the left having a center line central
angle of 56˚ 48' 15.5" left , a R = 1,145.92 feet;
THENCE around the said curve to the left, a distance of 1,136.09
feet, to a point of tangent;
THENCE N 86˚ 09'20" E, a distance of 1,899.44 feet along the center
line of the right-of-way line of F. M. Highway 170 to the beginning
of a curve to the left, having a center line central angle of 11˚ 33'
03" left, a R = 5,729.58 feet and this Easement is described an
recorded in Volume 133 Page 437 of the Brewster County Deed Records;
THENCE around the said curve to the left, a distance of 1,155.09
feet, to a point of tangent;
THENCE N 74˚ 36' 16" E, a distance of 1,512.63 feet along the center
line of the right-of-way line of F. M. Highway 170 to point located
at the beginning of a curve to the left having a center line central
angle of 16˚ 44' 07" left , a R = 2,864.79 feet;
THENCE around the said curve to the left, a distance of 836.76 feet,
to a point of tangent;
THENCE N 57˚ 52' 10 " E, a distance of 807.2 feet along the center
line of the right-of-way line of F. M. Highway 170 to point located
at the beginning of a curve to the left having a center line central
angle of 04˚ 00' 03" left , a R = 11,459.16 feet;
THENCE around the said curve to the left, a distance of 800.17 feet,
to a point of tangent;
THENCE N 61˚ 52' 13" E, a distance of 807.2 feet along the center
line of the right-of-way line of F. M. Highway 170 to a point
located on the Section line between Sections 83 and 74, , and this
Easement is described an recorded in Volume 4 Page 166 of the
Brewster County Deed Records, and continuing on a distance of
2,714.68 feet a point located on the Section line between Sections
74 and 73, and continuing on a distance of 20.1 feet for a total
distance of 3,541.98 feet to the beginning of a curve to the left,
having a center line central angle of 26˚ 39' 57" left, a R =
1,637.02 feet; and this Easement is described an recorded in Volume
133 Page 438 of the Brewster County Deed Records;
THENCE around the said curve to the left, a distance of 761.88 feet,
to a point of tangent;
THENCE N 35˚ 12' 16" E, a distance of 538.0 feet along the center
line of the right-of-way line of F. M. Highway 170 to point located
at the beginning of a curve to the right having a center line
central angle of 27˚ 06' 51" right, a R = 1,909.86 feet ;
THENCE around the said curve to the right, a distance of 903.81
feet, to a point of tangent;
THENCE N 62˚ 19' 07" E, a distance of 264.68 feet along the center
line of the right-of-way line of F. M. Highway 170 to point located
at the beginning of a curve to the left having a center line central
angle of 13˚ 50' 09" Left, a R = 2,864.79;
THENCE around the said curve to the left, a distance of 691.79 feet,
to a point of tangent;
THENCE N 48˚ 28' 59" E, a distance of 417.93 feet along the center
line of the right-of-way line of F. M. Highway 170 to a point
located on the Section line between Sections 73 and 72;
THENCE N 02˚ 35' 58" W (called North), a distance of 3471.04 feet,
more or less, along the east line of said Section 73 to a rock mound,
this being the Place of Beginning of this survey description of
property located north of the centerline of FM Highway 170; The land
area contained within this description is 9,419.589 acres, more or
less, including a sixty (60.0) foot wide (one half of a 120.0 foot
wide right-of-way) strip of land along the north half of FM Highway
170.
End of description
Save and Except:
Mesa Vista, a subdivision in Lajitas, being 31.89 acres out of
Survey 37, Block 341, T.C. Ry. Co. Survey, Brewster County, Texas,
as same appears in Plat Envelope No. 193 in the Plat Records of
Brewster County, Texas.
Riverview, a subdivision in Lajitas, being 13.564 acres of land out
of Sections 36 and 37, Block 341, T.C. Ry. Co. Survey, Brewster
County, Texas, as same appears in Plat Envelope No. 170 in the Plat
Records of Brewster County, Texas.
From Survey 84, Block 341, T.C. Ry. Co., Brewster County, Texas:
N/2 of the SE/4, being 80 acres;
NW/4, being 160 acres;
S/2 of the SW/4, being 80 acres; and
NE/4, being 160 acres.
From Survey 99, Block 341, T.C. Ry. Co., Brewster County, Texas:
A 99.2 acre tract of land conveyed in Volume 226, Page 329 of
the Official Public Records of Brewster County, Texas.
A 3.98 acre tract of land conveyed in Volume 220, Page 705 of
the Official Public Records of Brewster County, Texas.
Property described as being located south of FM Highway 170
Tract 2
Being parts of the following Surveys:
T. C. Ry. Co. Surveys, Block 341
G. H. & S.A. Ry. Co. Surveys, Block 17
Commencing at a rock mound found for the northeast corner of Section
73 and the northwest corner of Section 72, Block 341, T. C. Ry. Co.
Surveys common with the southeast corner of Section 59, the
northwest corner of Section 60, Block G-12, G. C. & SF Ry. Co.
Surveys in Brewster County, Texas;
THENCE S 02˚ 35' 58" E (called South), a distance of 3471.04 feet
along the east section line of said Section 73 to iron rod located
on the south right-of-way line of F M Highway 170 on the section
line between Section 72 and Section 73 Block 341, T. C. Ry. Co.
Surveys in Brewster County, Texas, this being the Place of
Beginning;
THENCE S 00˚ 48' 31" W, a distance of 2,452.63 feet along the said
east line of said Section 73 and the west line of Section 72 to a
rock mound located at the southeast corner of said Section 73 common
to the southwest corner of said Section 72 and the northwest corner
of Section 64 Block 341;
THENCE N 89˚ 38' 51" E , a distance of 5,277.8 feet along the north
section line of said Section 64 to a rock mound located at the
northeast corner of said Section 64 common to the northwest corner
of said Section 65 and the southwest corner of Section 71 Block 341;
THENCE N 00˚ 21' 00" W, a distance of 5,277.8 feet along the west
section line of said Section 71 to a rock mound located at the
northeast corner of said Section 72 common to the northwest corner
of said Section 71 and the southwest corner of Section 70 Block 341
and the southeast corner of Section 60 Block G-12;
THENCE N 00˚ 21' 09" W, a distance of 2,370.18 feet along the west
section line of said Section 70 and the east section line of Section
60 to a iron rod located on the south right-of-way line of F M
Highway 170, described being 120 feet in total width with the south
right-of-way line located 60 feet from the center line of the road,
and this Easement is described and recorded in Volume 133 Page 438
of the Brewster County Deed Records;
THENCE N 64˚ 13' 04" E, a distance of 869.0 feet along the south
right-of-way line of F. M. Highway 170 to an iron rod set by Walker;
THENCE S 16˚ 33' 44" E, a distance of 444.09 feet to an iron rod set
by Walker;
THENCE S 36˚ 44' 19" E, a distance of 348.44 feet to an iron rod set
by Walker;
THENCE S 08˚ 07' 25" E, a distance of 679.25 feet to an iron rod set
by Walker;
THENCE S 14˚33'44" E, a distance of 450.31 feet to an iron rod set by
Walker;
THENCE S 37˚45'10" E, a distance of 1062.05 feet to an iron rod set
by Walker;
THENCE S 33˚32'06" E, a distance of 411.20 feet, more or less, to an
iron rod set by Walker;
THENCE N 89˚ 38' 51" E, a distance of 3,102.64 feet along the north
section line of said Section 71 a rock mound located at the
northeast corner of said Section 71, common to the northwest corner
of said Section 68 Block 341;
THENCE S 00˚ 21' 09" E, a distance of 5,277.8 feet along the east
section line of said Section 71 to a rock mound located at the
southeast corner of said Section 71 common to the northwest corner
of said Section 67 Block 341;
THENCE N 89˚ 38' 51" E, a distance of 5,277.8 feet, more or less,
along the north section line of said Section 67 to a rock mound
located at the northeast corner of said Section 67 on the west
section line of Section 299 Block G-12;
THENCE S 00˚ 21' 09" E, a distance of 2030.12 feet, more or less,
along the east section line of said Section 67 to a rock mound
located at the southeast corner of said Section 67 common to the
west section line of Section 299 Block G-12 and the north section
line of Section 34 Block 17;
THENCE N 40˚ 00' E, a distance of 949.86 feet, more or less, along
the north section line of said Section 34 Block 17 to a rock mound
located at the northeast corner of Section 34 and the southwest
corner of Section 35 Block 17;
THENCE S 50˚ 00' E, a distance of 5,277.8 feet, more or less, along
the east section line of said Section 34 Block 17 to a rock mound
located at the northern most corner of Section 33 and the western
most corner of Section 36 Block 17;
THENCE S 50˚ 00' E, a distance of 5,277.8 feet, more or less, along
the east section line of said Section 33 Block 17 to a rock mound
located at the northern most corner of Section 32 and the western
most corner of Section 37 Block 17;
THENCE S 50˚ 00' E, a distance of 5,277.8 feet, more or less, along
the east section line of said Section 32 Block 17 to a rock mound
located at the northern most corner of Section 31 and the western
most corner of Section 38 Block 17;
THENCE S 50˚ 00' E, a distance of 5,277.8 feet, more or less, along
the east section line of said Section 31 Block 17 to a rock mound
located at the eastern most corner of Section 31 and the western
most corner of Section 39 Block 17;
THENCE S 40˚ 00' W, a distance of 5,277.8 feet, more or less, along
the south section line of said Section 31 Block 17 to a rock mound
located at the northern most corner of
Section 25 and the western most corner of Section 30 Block 17;
THENCE S 50˚ 00' E, a distance of 5,277.8 feet, more or less, along
the east section line of said Section 25 Block 17 to a rock mound
located at the eastern most corner of Section 25 and the western
most corner of Section 29 Block 17, being a point on the boundary
line of the Big Bend National Park;
THENCE S 40˚ 00' W, a distance of 5,277.8 feet, more or less, along
the south section line of said Section 25 Block 17 to a rock mound
located at the southern most corner of Section 25 and the western
most corner of Section 26 Block 17, being a point on the boundary
line of the Big Bend National Park;
THENCE N 50˚ 00' W, a distance of 5,277.8 feet, more or less, along
the west section line of said Section 25 Block 17 along the boundary
line of the Big Bend National Park;
to a rock mound located at the western most corner of Section
25 and the southern most corner of Section 24 Block 17;
THENCE N 40˚ 00' E, a distance of 5,277.8 feet, more or less, along
the north section line of said Section 25 Block 17 to a rock mound
located at the northern most corner of Section 25 and the southern
most corner of Section 31 Block 17;
THENCE N 50˚ 00' W, a distance of 5,277.8 feet, more or less, along
the west section line of said Section 31 Block 17 to a rock mound
located at the eastern most corner of Section 23 and the southern
most corner of Section 32 Block 17;
THENCE S 40˚ 00' W, a distance of 5,277.8 feet, more or less, along
the south section line of said Section 23 Block 17 to a rock mound
located at the southern most corner of Section 23 and the northern
most corner of Section 17 Block 17;
THENCE S 50˚ 00' E, a distance of 5,277.8 feet, more or less, along
the east section line of said Section 17 Block 17 to a rock mound
located at the eastern most corner of Section 17 and the northern
most corner of Section 16 Block 17, being a point on the boundary
line of the Big Bend National Park;
THENCE S 40˚ 00' W, a distance of 5,277.8 feet, more or less, along
the south section line of said Section 17 Block 17 along the
boundary line of the Big Bend National Park to a rock mound located
at the southern most corner of Section 17 and the western most
corner of Section 16 Block 17;
THENCE N 50˚ 00' W, a distance of 5,277.8 feet, more or less, along
the west section line of said Section 17 Block 17 along the boundary
line of the Big Bend National Park to a rock mound located at the
western most corner of Section 17 and the eastern most corner of
Section 9 Block 17;
THENCE N 40˚ 00' E, a distance of 5,277.8 feet, more or less, along
the north section line of said Section 17 Block 17 to a rock mound
located at the northern most corner of Section 17 and the southern
most corner of Section 23 Block 17;
THENCE N 50˚ 00' W, a distance of 5,277.8 feet, more or less, along
the west section line of said Section 23 Block 17 to a rock mound
located at the western most corner of Section 23 and the southern
most corner of Section 22 Block 17;
THENCE S 40˚ 00' W, a distance of 5,277.8 feet, more or less, along
the south section line of said Section 19 Block 17 to a rock mound
located at the southern most corner of Section 19 and the northern
most corner of Section 9 Block 17;
THENCE S 50˚ 00' E, a distance of 5,277.8 feet, more or less, along
the east section line of said Section 9 Block 17 to a rock mound
located at the eastern most corner of Section 9 and the northern
most corner of Section 10 Block 17, being a point on the boundary
line of the Big Bend National Park;
THENCE S 40˚ 00' W, a distance of 5,277.8 feet, more or less, along
the south section line of said Section 9 Block 17 along the boundary
line of the Big Bend National Park to a rock mound located at the
southern most corner of Section 9 and the western most corner of
Section 9 Block 17;
THENCE N 50˚ 00' W, a distance of 5,277.8 feet, more or less, along
the west section line of said Section 9 Block 17 along the boundary
line of the Big Bend National Park to a rock mound located at the
western most corner of Section 9 and the eastern most corner of
Section 5 Block 17;
THENCE N 40˚ 00' E, a distance of 5,277.8 feet, more or less, along
the north section line of said Section 9 Block 17 to a rock mound
located at the northern most corner of Section 9 and the southern
most corner of Section 19 Block 17;
THENCE N 50˚ 00' W, a distance of 5,277.8 feet, more or less, along
the west section line of said Section 19 Block 17 to a rock mound
located at the western most corner of Section 19 and the eastern
most corner of Section 8 Block 17;
THENCE N 40˚ 00' E, a distance of 5,277.8 feet, more or less, along
the north section line of said Section 19 Block 17 to a rock mound
located at the northern most corner of Section 19 and the southern
most corner of Section 21 Block 17;
THENCE N 50˚ 00' W, a distance of 5,277.8 feet, more or less, along
the west section line of said Section 21 Block 17 to a rock mound
located at the western most corner of Section 21 and the northern
most corner of Section 20 Block 17, this point being on the common
line with Section 66 Block 341;
THENCE S 40˚ 00' W, a distance of 5,277.8 feet, more or less, along
the north section line of said Section 20 Block 17 and the
southeasterly line of said Section 66 to a rock mound at the
northern most corner of Section 7 Block 17;
THENCE S 50˚ 00' E, a distance of 5,277.8 feet, more or less, along
the east section line of said Section 7 Block 17 to a rock mound
located at the eastern most corner of Section 7 and the northern
most corner of Section 8 Block 17
THENCE S 40˚ 00' W, a distance of 5,277.8 feet, more or less, along
the south section line of said Section 7 Block 17 to a rock mound
located at the southern most corner of Section 7 and the eastern
most corner of Section 6 Block 17 , being a point on the boundary
line of the Big Bend National Park;
THENCE N 50˚ 00' W, a distance of 5,277.8 feet, more or less, along
the west section line of said Section 7 Block 17 along the boundary
line of the Big Bend National Park to a rock mound located at the
western most corner of Section 7 and the eastern most corner of
Section 6 Block 17, being a point on the southeast line of Section
61 Block 341;
THENCE N 40˚ 00' E, a distance of 3220.54 feet, more or less, along
the north section line of said Section 7 Block 17 and the southeast
section line of Section 62 Block 341 to a rock mound located at the
northeasterly most corner of Section 61 Block 341 being a point on
the boundary line of the Big Bend National Park;
THENCE N 88˚ 51' 19" W, a distance of 5241.31 feet along the section
line between said Section 61 and Section 62 being the boundary line
of the Big Bend National Park to a rock mound located at the
southwest most corner of Section 62 on the east line of Section 76
Block 341;
THENCE S 01˚ 11' 14" W, a distance of 675.0 feet along the east line
of said Section 76 being the boundary line of the Big Bend National
Park to a rock mound located at the southeast most corner of Section
76 on the north line of Section 61 Block 341;
THENCE N 88˚ 46' 26" W, a distance of 5,277.8 feet along the south
section line of Section 76 between said Section 61 and 78 being the
boundary line of the Big Bend National Park to a rock mound located
at the southwest most corner of Section 76 on the east line of
Section 81 Block 341;
THENCE N 88˚ 46' 26" W, a distance of 5,277.8 feet along the south
section line of Section 81 between said Section 60 being the
boundary line of the Big Bend National Park to a rock mound located
at the southwest most corner of Section 81 on the east line of
Section 88 Block 341;
THENCE N 88˚ 46' 26" W, a distance of 5,277.8 feet along the south
section line of Section 88 between said Section 89 being the
boundary line of the Big Bend National
Park to a rock mound located at the southwest most corner of Section
88 on the east line of Section 93 Block 341;
THENCE N 88˚ 46' 26" W, a distance of 4,922.13 feet along the south
section line of Section 93 between said Section 41 being the
boundary line of the Big Bend National Park to a rock mound located
at the southwest most corner of Section 93 on the east line of
Section 41 Block 341;
THENCE N 00˚ 49' 07" E, a distance of 2169.02 feet, more or less,
along the west section line of Section 93 located between said
Section 41 being the boundary line of the Big Bend National Park to
a rock mound located at the southeast most corner of Section 92 on
the east line of Section 41 Block 341;
THENCE N 88˚ 46' 26" W, a distance of 2,333.43 feet, more or less,
along the south section line of Section 92 Block 341 and the north
line of Section 41, being the boundary line of the Big Bend National
Park, to a rock mound located at the northwest most corner of
Section 41;
THENCE S 01˚ 03' 46" W, a distance of 350.0 feet, more or less, along
the west section line of Section 41 and the offset east line of
Section 92, being the boundary line of the Big Bend National Park,
to a rock mound located on the south line of Section 92;
THENCE N 88˚ 46' 09" W, a distance of 2,334.41 feet, more or less,
along the south section line of Section 92 Block 341 and the north
line of Section 48, being the boundary line of the Big Bend National
Park, to a rock mound and concrete marker located at the southwest
most corner of Section 92;
THENCE N 00˚ 32' 00" E, a distance of 1,911.67 feet along the
section line between said Section 92 and Section 49, being the
boundary line of the Big Bend National Park, to a rock mound and
concrete marker located at the southeast most corner of Section 100
Block 341 at the northeast corner of Section 49;
THENCE N 89˚ 27' 27" W, a distance of 2,634.23 feet, more or less,
along the south section line of Section 100 Block 341 and the north
line of Section 39, being the boundary line of the Big Bend National
Park, to a rock mound and concrete marker located at the northwest
most corner of Section 39 and the southwest corner of Section 100;
THENCE S 01˚ 16' 12" W, a distance of 4660.88 feet, more or less,
along the west section line of Section 39 , being the boundary line
of the Big Bend National Park, to a rock mound located on the south
line of Section 37 and being the northeast corner of Section 38
Block 341;
THENCE N 88˚ 43' 49" W, a distance of 4359.52 feet, more or less,
along the south section line of Section 37 Block 341 and the north
line of Section 38, being the boundary
line of the Big Bend National Park, to a rock mound and located at
the meanders of the Rio Grande at the southwest most corner of said
Section 37 and the northwest most corner of Section 38;
THENCE along the east meandering line of the bank of the Rio Grande,
as identified in the year of April 2007, described as follows:
N 20˚ 07' 30" E, a distance of 284.06 feet
S 87˚ 27' 30" E, a distance of 877.59 feet
N 25˚ 19' 25" E, a distance of 219.65 feet
N 11˚ 41' 28" E, a distance of 511.26 feet
N 23˚ 23' 39" E, a distance of 510.57 feet
N 19˚ 19' 32" E, a distance of 645.17 feet
N 02˚ 03' 28" E, a distance of 270.32 feet
N 20˚ 01' 04" E, a distance of 337.82 feet
N 38˚ 01' 14" E, a distance of 827.59 feet
N 38˚ 19' 39" W, a distance of 754.08 feet
N 07˚ 15' 04" W, a distance of 1,333.57 feet
N 23˚ 27' 17" W, a distance of 926.79 feet
N 23˚ 27' 17" W, a distance of 115.86 feet
N 17˚ 48' 38" W, a distance of 580.31 feet
N 11˚ 49' 17" W, a distance of 461.28 feet
N 23˚ 38' 37" W, a distance of 802.90 feet
N 05˚ 44' 52" W, a distance of 99.91 feet to the beginning of a
curve to the left with a central angle of 77˚ 38' 50" having a cord
bearing of N 44˚ 34' 17" W with a cord length of 681.47 feet a radius
of 543.50 feet and continuing along the bank of the Rio Grande
N 83˚ 23' 43" W, a distance of 222.82 feet
S 84˚ 41' 58" W, a distance of 732.79 feet to a point on the
west section line of Section 36 Block 341;
THENCE N 00˚ 21' 09" W, a distance of 94.84 feet , more or less, to a
point on the center line of the right-of-way line of F M Highway
170, and this Easement is described an recorded in Volume 133 Page
460 - 461 of the Brewster County Deed Records;
THENCE along the said center line of the right-of-way line of F M
Highway 170 described as follows:
THENCE N 86˚ 22' 12" E, a distance of 669.91 feet along the center
line of the right-of-way line of F. M. Highway 170 to point located
at the beginning of a curve to the left having a center line central
angle of 10˚ 10' 58.5" Left, a Radius of 1,909.86 feet;
THENCE around the said curve to the left, a distance of 339.43 feet,
to a point of tangent;
THENCE N 76˚ 11' 14" E, a distance of 203.77 feet along the center
line of the right-of-way line of F. M. Highway 170 to point located
at the beginning of a curve to the right having a center line
central angle of 62˚ 55' 00" Right , a Radius of 818.51 feet;
THENCE around the said curve to the right, a distance of 898.81
feet, to a point of tangent;
THENCE S 40˚ 53' 46"E, a distance of 1,564.13 feet along the center
line of the right-of-way line of F. M. Highway 170 to a point
located on the Section line between Sections 36 and 37, and
continuing on a distance of 72.2 feet to the beginning of a curve to
the left, having a center line central angle of 50˚ 46' 37" left, a R
= 954.93 feet;
THENCE around the said curve to the left, a distance of 846.28 feet,
to a point of tangent;
THENCE N 88˚ 19' 38" E, a distance of 747.91 feet along the center
line of the right-of-way line of F. M. Highway 170 to point located
at the beginning of a curve to the left having a center line central
angle of 33˚ 39 ' 17" left , a R = 1,909.86 feet;
THENCE around the said curve to the left, a distance of 670.43 feet,
to a point located on the Section line between Sections 37 and 100,
and continuing on a distance of 451.4 feet to a point of tangent for
a total distance of 1,121.82 feet;
THENCE N 54˚ 40' 21"E, a distance of 2,677.46 feet along the center
line of the right-of-way line of F. M. Highway 170 to a point
located on the Section line between Sections 100 and 99, and
continuing on a distance of 3,073.0 feet to the beginning of a curve
to the right, having a center line central angle of 44˚ 08'
21"right, a R = 1,273.24 feet; and this Easement is described and
recorded in Volume 133 Page 435 of the Brewster County Deed Records;
THENCE around the said curve to the right, a distance of 980.87
feet, to a point of tangent;
THENCE S 81˚ 11' 18" E, a distance of 672.9 feet along the center
line of the right-of-way line of F. M. Highway 170 to point located
at the beginning of a curve to the left having a center line central
angle of 43˚ 21' 04" left , a R = 818.51 feet;
THENCE around the said curve to the left, a distance of 419.60 feet,
to a point located on the Section line between Sections 99 and 94,
and continuing on a distance of 199.7 feet to a point of tangent,
for a total distance of 619.30 feet and this Easement is described
an recorded in Volume 133 Page 436 of the Brewster County Deed
Records;
THENCE N 55˚ 27' 38" E, a distance of 82.6 feet along the center line
of the right-of-way line of F. M. Highway 170 to a point located on
the Section line between Sections 94 and 95, and continuing on a
distance of 5,266.18 feet for a total distance of 5348.78 feet to
the beginning of a curve to the right, having a center line central
angle of 25˚ 53' 28" right, a R = 1,432.39 feet;
THENCE around the said curve to the right, a distance of 647.28
feet, to a point of tangent;
THENCE N 81˚ 21' 06" E, a distance of 267.0 feet along the center
line of the right-of-way line of F. M. Highway 170 to a point
located on the Section line between Sections 95 and 86, and
continuing on a distance of 995.5 feet for a total distance of
1,262.50 feet to the beginning of a curve to the right, having a
center line central angle of 61˚ 36' 30" right, a R = 881.47 feet;
THENCE around the said curve to the right, a distance of 947.82
feet, to a point of tangent;
THENCE S 37˚ 02' 24" E, a distance of 1,119.4 feet along the center
line of the right-of-way line of F. M. Highway 170 to point located
at the beginning of a curve to the left having a center line central
angle of 56˚ 48' 16" left , a R = 1,145.92 feet;
THENCE around the said curve to the left, a distance of 1,136.09
feet, to a point of tangent;
THENCE N 86˚ 09'20" E, a distance of 1899.44 feet along the center
line of the right-of-way line of F. M. Highway 170 to the beginning
of a curve to the left, having a center line central angle of 11˚ 33'
03" left, a R = 5,729.58 feet and this Easement is described an
recorded in Volume 133 Page 437 of the Brewster County Deed Records;
THENCE around the said curve to the left, a distance of 1,155.08
feet, to a point of tangent;
THENCE N 74˚ 36' 17" E, a distance of 1,512.63 feet along the center
line of the right-of-way line of F. M. Highway 170 to point located
at the beginning of a curve to the left having a center line central
angle of 16˚ 44' 07" left , a R = 2,864.79 feet;
THENCE around the said curve to the left, a distance of 836.76 feet,
to a point of tangent;
THENCE N 57˚ 52' 10 " E, a distance of 807.2 feet along the center
line of the right-of-way line of F. M. Highway 170 to point located
at the beginning of a curve to the left having a center line central
angle of 04˚ 00' 03" left , a R = 11,459.16 feet;
THENCE around the said curve to the left, a distance of 800.17 feet,
to a point of tangent;
THENCE N 61˚ 52' 13" E, a distance of 807.2 feet along the center
line of the right-of-way line of F. M. Highway 170 to a point
located on the Section line between Sections 83 and 74, , and this
Easement is described an recorded in Volume 4 Page 166 of the
Brewster County Deed Records, and continuing on a distance of
2,714.68 feet a point located on the Section line between Sections
74 and 73, and continuing on a distance of 20.1 feet for a total
distance of 3,541.98 feet to the beginning of a curve to the left,
having a center line central angle of 26˚ 39' 56.7" left, a R =
1,637.02 feet; and this Easement is described an recorded in Volume
133 Page 438 of the Brewster County Deed Records;
THENCE around the said curve to the left, a distance of 761.88 feet,
to a point of tangent;
THENCE N 35˚ 12' 16" E, a distance of 538.0 feet along the center
line of the right-of-way line of F. M. Highway 170 to point located
at the beginning of a curve to the right having a center line
central angle of 27˚ 06' 51" right, a R = 1,909.86 feet ;
THENCE around the said curve to the right, a distance of 903.81
feet, to a point of tangent;
THENCE N 62˚ 19' 08" E, a distance of 264.68 feet along the center
line of the right-of-way line of F. M. Highway 170 to point located
at the beginning of a curve to the left having a center line central
angle of 13˚ 50' 09.2" Left, a R = 2,864.79;
THENCE around the said curve to the left, a distance of 691.79 feet,
to a point of tangent;
THENCE N 48˚ 28' 59" E, a distance of 417.93 feet along the center
line of the right-of-way line of F. M. Highway 170 to a point
located on the Section line between Sections 73 and 72, this being
the Place of Beginning of this survey description of property
located south of the centerline of FM Highway 170. The land area
contained within this description is 20,242.864 acres, more or
less, including a sixty (60.0) foot wide (one half of a 120.0 foot
wide right-of-way) strip of land along the south half of FM Highway
170.
End of description
Save and Except:
Comanche Hills, a subdivision of 30.505 acres of land out of Survey
37 and Tract 2, Survey 100, Block 341, T.C. Ry. Co. Surveys, in
Lajitas, Brewster County, Texas, as same appears in Plat Envelope
No. 186 in the Plat Records of Brewster County, Texas.
Comanche Mesa, a subdivision of 71.092 acres of land out of Sections
99,100, & MC-1, Block 341 of the T.C. Ry. Co. Survey, in Lajitas,
Brewster County, Texas, as same appears in Plat Envelope No. 171 in
the Plat Records of Brewster County, Texas.
All of the San Carlos Condominiums, a Condominium Regime, being
called a 0.8743 acre tract of land and a 0.1296 acre tract of land
recorded in Volume 1, Page 1 and amended in Volume 1, Page 71 et seq.
and Volume 1, Page 83 et seq., of the Condominium Records of
Brewster County, Texas.
All of the Lajitas-Boardwalk Condominiums, a Condominium Regime,
being a 1.018 acre tract of land out Block 341, T.C. Ry. Co. Survey
37, in Brewster County, Texas, as same appears in Plat Envelope No.
288B in the Plat Records of Brewster County, Texas.
All of Sections 7, 9, 17, 19, 21, 22, 23, 25, 31, 32, 33 and 34,
Block 17, G.H. & S.A. Ry. Co., Brewster County, Texas, being 7,680
acres in all, more or less.
From Section 62, Block 341, Abstract 7717, T.C. Ry. Co., Brewster
County, Texas:
S/2, being 414.35 acres.
From Section 65, Block 341, T.C. Ry. Co., Brewster County, Texas:
SE/4 of the SW/4, being 40 acres;
NE/4 of the SE/4, being 40 acres;
N/2 of the NE/4, being 80 acres; and
NW/4, being 160 acres.
From Section 67, Block 341, T.C. Ry. Co., Brewster County, Texas:
23.13 acres conveyed in Volume 249, Page 555 of the Deed
Records of Brewster County, Texas;
NW/4, being 160 acres;
NE/4, being 160 acres;
NW/4 of the SW/4, being 40 acres; and
NW/4 of the SE/4, being 40 acres.
A 76.06 acre tract of land south of FM Highway 170 in Section 73,
Block 341, T.C. Ry. Co., Brewster County, Texas, conveyed in Volume
123, Page 367 of the Deed Records of Brewster County, Texas.
The E/2 of the SE/4 of Section 76, Block 341, T.C. Ry. Co., Brewster
County, Texas, being 80 acres in all, more or less.
From Section 82, Block 341, T.C. Ry. Co., Brewster County, Texas:
A 13.82 acre tract of land conveyed in Volume 258, Page 757 of
the Deed Records of Brewster County, Texas; and
A 14.07 acre tract of land conveyed in Volume 16, Page 4 of
the Official Public Records of Brewster County, Texas.
All of Section 88, Block 341, T.C. Ry. Co., Brewster County, Texas,
being 640 acres in all, more or less.
From Section 99, Block 341, T.C. Ry. Co., Brewster County, Texas:
A 89.6 acre tract of land conveyed in Volume 6, Page 432 of
the Official Public Records of Brewster County, Texas.
From Section 100, Block 341, T.C. Ry. Co., Brewster County, Texas:
A 1.233 acre tract of land conveyed in Volume 226, Page 223 of
the Deed Records of Brewster County, Texas, described therein
as a 0.965 acre tract of land.
A 1.40 acre tract of land conveyed in Volume 68, Page 36 of
the Official Public Records of Brewster County, Texas, as
more particularly described below:
Metes and bounds description of a
1.40 acre tract of land out of Survey 100
(Tract 2) described in Vol. 9, p. 179,
Corrected Field Note Records, and depicted
on a plat filed in Vol. 9, P. 189, Corrected
Field Note Records, Block 341, T.C. Ry. Co.
Surveys, Brewster County, Texas and being
more particularly described as follows:
BEGINNING at a 1/2" iron rod and
cap marked "WALKER 4425" set for the
Northwest corner of this tract, from which a
National Park monument in a fence corner
found in the East line of Survey 37 for the
Northwest corner of Survey 39 and the
Southwest corner of Survey 100, said Block
341, bears South 26 deg. 08'49" West 1605.64
feet;
THENCE North 31 deg. 35'00" East
294.86 feet to a 1/2" iron rod and cap
marked "WALKER 4425" set for the Northeast
corner of this tract;
THENCE South 31 deg 36'10" East
53.20 feet to a 1/2" iron rod and cap marked
"WALKER 4425" set;
THENCE South 8 deg. 50'02" West,
57.00 feet to a 1/2" iron rod and cap marked
"WALKER 4425" set;
THENCE South 18 deg. 35'24" East
122.12 feet to a 1/2" iron rod and cap
marked "WALKER 4425" set;
THENCE South 78 deg. 42'12" East
246.26 feet to a 1/2" iron rod and cap
marked "WALKER 4425" set for the Southeast
corner of this tract;
THENCE South 38 deg. 29'05" West
206.20 feet to a 1/2" iron rod and cap
marked "WALKER 4425" set for the Southwest
corner of this tract;
THENCE North 32 deg. 25'55" West
69.47 feet to a 1/2" iron rod and cap marked
"WALKER 4425" set;
THENCE North 59 deg. 34'57" West
159.83 feet to a 1/2" iron rod and cap
marked "WALKER 4425" set;
THENCE North 76 deg. 26'32" West
154.83 feet to the point of beginning.
Bearings and distances are based
on the Texas Coordinate System, South
Central Zone NAD 1927.
All of the Rio Vista Subdivision, as shown in Volume 114, Page 317
of the Official Public Records of Brewster County and as more
particularly described below:
Metes and bounds description of a
1.06 Acre tract of land, out of Survey 36,
Block 341, T.C. Ry.Co. Surveys, Brewster
County, Texas, said 1.06 acre tract being
more particularly described as follows:
BEGINNING at a point for corner
at the Northeast corner of a 1.06 acre tract
described in Vol. 74, P. 105, Official
Public Records;
THENCE South 2 deg. 30'27" West
122.32 feet with the East line of said 1.06
acre tract to a 60d nail previously set by
me for a corner of said 1.06 acre tract;
THENCE South 11 deg. 02'25" East
164.89 feet to a 1/2" iron rod and cap
marked "WALKER 4425" set for the Southeast
corner of this tract;
THENCE South 75 deg. 40' West
passing at 12 feet a 1/2" iron rod and a cap
marked "WALKER 4425" and continuing in all
149.83 feet to a point for corner and the
Southwest corner of said tract;
THENCE North 9 deg. 18'52" West
192.05 feet to a point for corner;
THENCE North 3 deg. 35' West
141.13 feet to a point for corner and the
northwest corner of said 1.06 acre tract;
THENCE South 86 deg. 40'17" East
159.12 feet to the POINT OF BEGINNING and
containing more or less, 46,130.04 square
feet or 1.06 acres.
Bearings and distances are based
on the Texas Coordinate System, South
Central Zone NAD 1927.
All of the land south of the center line of FM Highway 170 in Section
36, Block 341, T.C. Ry. Co., Brewster County, Texas, as more
particularly described below:
Metes and bounds description of a
102.1 acre tract of land out of Section 36,
Block 341, T.C. Ry. Co. Surveys, Brewster
County, Texas and being more particularly
described as follows:
BEGINNING at a point in Section
36 on the center line of FM Highway 170, 120
foot right-of-way and this Easement is
described and recorded in Volume 133 Page
460 - 461 of the Brewster County Deed
Records;
THENCE N 86˚ 22' 11.64" E, a
distance of 669.91 feet along the center
line of the right-of-way line of F. M.
Highway 170 to point located at the
beginning of a curve to the left having a
center line central angle of 10˚ 10' 58.5"
Left, a Radius of 1,909.86 feet;
THENCE around the said curve to
the left, a distance of 339.43 feet, to a
point of tangent;
THENCE N 76˚ 11' 13.08" E, a
distance of 203.77 feet along the center
line of the right-of-way line of F. M.
Highway 170 to point located at the
beginning of a curve to the right having a
center line central angle of 62 55' 02.1"
Right , a Radius of 818.51 feet;
THENCE around the said curve to
the right, a distance of 898.82 feet, to a
point of tangent;
THENCE S 40˚ 53' 44.8"E, a
distance of 1,564.13 feet along the center
line of the right-of-way line of F. M.
Highway 170 to a point located on the
Section line between Sections 36 and 37;
THENCE S 00˚ 21' 09"E, a distance
of 3922.76 feet along the Section line
between the east line of Section 36 and the
west line of Section 37;
THENCE along the east meandering
line of the bank of the Rio Grande, as
identified in the year of April 2007,
described as follows:
N 38˚ 19' 39" W, a distance
of 720.19 feet
N 07˚ 15' 04" W, a distance
of 1,333.57 feet
N 23˚ 27' 17" W, a distance
of 926.79 feet
N 23˚ 27' 17" W, a distance
of 115.86 feet
N 17˚ 48' 38" W, a distance
of 580.31 feet
N 11˚ 49' 17" W, a distance
of 461.28 feet
N 23˚ 38' 37" W, a distance
of 802.90 feet
N 05˚ 44' 52" W, a distance
of 99.91 feet to the beginning of a curve to
the left with a central angle of 77˚ 38' 50"
and having a cord bearing of N 44˚ 34' 17" W
with a cord length of 681.47 feet and a
radius of 543.50 feet and continuing along
the bank of the Rio Grande;
N 83˚ 23' 43" W, a distance
of 222.82 feet
S 84˚ 41' 58" W, a distance
of 732.798 feet to a point on the west
section line of Section 36 Block 341:
THENCE N 00˚ 21' 09" W, a distance
of 94.84 feet , more or less, to the center
line of the right-of-way line of F M Highway
170 and to THE POINT OF BEGINNING
containing, 4,447,180 square feet or 102.1
acres, more or less.
Bearings and distances are based
on the Texas Coordinate System, South
Central Zone NAD 1927.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 4. (a) Section 11002.107, Special District Local
Laws Code, as added by this Act, takes effect only if this Act
receives a two-thirds vote of all the members elected to each house.
(b) If this Act does not receive a two-thirds vote of all the
members elected to each house, Subchapter C, Chapter 11002, Special
District Local Laws Code, as added by this Act, is amended by adding
Section 11002.107 to read as follows:
Sec. 11002.107. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(c) This section is not intended to be an expression of a
legislative interpretation of the requirements of Section 17(c),
Article I, Texas Constitution.
SECTION 5. Except as otherwise provided by this Act:
(1) this Act takes effect immediately if it receives a
vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution; and
(2) if this Act does not receive the vote necessary for
immediate effect, this Act takes effect September 1, 2011.