Bill Text: TX HB4713 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the creation of the Magnolia Woods Municipal Utility District No. 1; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-05-10 - Laid on the table subject to call [HB4713 Detail]
Download: Texas-2019-HB4713-Introduced.html
86R15961 BRG-F | ||
By: Bell of Montgomery | H.B. No. 4713 |
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relating to the creation of the Magnolia Woods Municipal Utility | ||
District No. 1; granting a limited power of eminent domain; | ||
providing authority to issue bonds; providing authority to impose | ||
assessments, fees, and taxes. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle F, Title 6, Special District Local Laws | ||
Code, is amended by adding Chapter 8257 to read as follows: | ||
CHAPTER 8257. MAGNOLIA WOODS MUNICIPAL UTILITY DISTRICT NO. 1 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8257.0101. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "Commission" means the Texas Commission on | ||
Environmental Quality. | ||
(3) "Director" means a board member. | ||
(4) "District" means the Magnolia Woods Municipal | ||
Utility District No. 1. | ||
Sec. 8257.0102. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 8257.0103. CONFIRMATION AND DIRECTOR ELECTION | ||
REQUIRED. The temporary directors shall hold an election to | ||
confirm the creation of the district and to elect five permanent | ||
directors as provided by Section 49.102, Water Code. | ||
Sec. 8257.0104. CONSENT OF MUNICIPALITY REQUIRED. The | ||
temporary directors may not hold an election under Section | ||
8257.0103 until each municipality in whose corporate limits or | ||
extraterritorial jurisdiction the district is located has | ||
consented by ordinance or resolution to the creation of the | ||
district and to the inclusion of land in the district. | ||
Sec. 8257.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. | ||
(a) The district is created to serve a public purpose and benefit. | ||
(b) The district is created to accomplish the purposes of: | ||
(1) a municipal utility district as provided by | ||
general law and Section 59, Article XVI, Texas Constitution; and | ||
(2) Section 52, Article III, Texas Constitution, that | ||
relate to the construction, acquisition, improvement, operation, | ||
or maintenance of macadamized, graveled, or paved roads, or | ||
improvements, including storm drainage, in aid of those roads. | ||
Sec. 8257.0106. INITIAL DISTRICT TERRITORY. (a) The | ||
district is initially composed of the territory described by | ||
Section 2 of the Act enacting this chapter. | ||
(b) The boundaries and field notes contained in Section 2 of | ||
the Act enacting this chapter form a closure. A mistake made in the | ||
field notes or in copying the field notes in the legislative process | ||
does not affect the district's: | ||
(1) organization, existence, or validity; | ||
(2) right to issue any type of bond for the purposes | ||
for which the district is created or to pay the principal of and | ||
interest on a bond; | ||
(3) right to impose a tax; or | ||
(4) legality or operation. | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8257.0201. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of five elected directors. | ||
(b) Except as provided by Section 8257.0202, directors | ||
serve staggered four-year terms. | ||
Sec. 8257.0202. TEMPORARY DIRECTORS. (a) The temporary | ||
board consists of: | ||
(1) Paul West; | ||
(2) Lisa Belus; | ||
(3) Ashley Bird; | ||
(4) Craig Lobel; and | ||
(5) Ty Hunter Fox. | ||
(b) Temporary directors serve until the earlier of: | ||
(1) the date permanent directors are elected under | ||
Section 8257.0103; or | ||
(2) the fourth anniversary of the effective date of | ||
the Act enacting this chapter. | ||
(c) If permanent directors have not been elected under | ||
Section 8257.0103 and the terms of the temporary directors have | ||
expired, successor temporary directors shall be appointed or | ||
reappointed as provided by Subsection (d) to serve terms that | ||
expire on the earlier of: | ||
(1) the date permanent directors are elected under | ||
Section 8257.0103; or | ||
(2) the fourth anniversary of the date of the | ||
appointment or reappointment. | ||
(d) If Subsection (c) applies, the owner or owners of a | ||
majority of the assessed value of the real property in the district | ||
may submit a petition to the commission requesting that the | ||
commission appoint as successor temporary directors the five | ||
persons named in the petition. The commission shall appoint as | ||
successor temporary directors the five persons named in the | ||
petition. | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8257.0301. GENERAL POWERS AND DUTIES. The district | ||
has the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 8257.0302. MUNICIPAL UTILITY DISTRICT POWERS AND | ||
DUTIES. The district has the powers and duties provided by the | ||
general law of this state, including Chapters 49 and 54, Water Code, | ||
applicable to municipal utility districts created under Section 59, | ||
Article XVI, Texas Constitution. | ||
Sec. 8257.0303. AUTHORITY FOR ROAD PROJECTS. Under Section | ||
52, Article III, Texas Constitution, the district may design, | ||
acquire, construct, finance, issue bonds for, improve, operate, | ||
maintain, and convey to this state, a county, or a municipality for | ||
operation and maintenance macadamized, graveled, or paved roads, or | ||
improvements, including storm drainage, in aid of those roads. | ||
Sec. 8257.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A | ||
road project must meet all applicable construction standards, | ||
zoning and subdivision requirements, and regulations of each | ||
municipality in whose corporate limits or extraterritorial | ||
jurisdiction the road project is located. | ||
(b) If a road project is not located in the corporate limits | ||
or extraterritorial jurisdiction of a municipality, the road | ||
project must meet all applicable construction standards, | ||
subdivision requirements, and regulations of each county in which | ||
the road project is located. | ||
(c) If the state will maintain and operate the road, the | ||
Texas Transportation Commission must approve the plans and | ||
specifications of the road project. | ||
Sec. 8257.0305. COMPLIANCE WITH MUNICIPAL CONSENT | ||
ORDINANCE OR RESOLUTION. The district shall comply with all | ||
applicable requirements of any ordinance or resolution that is | ||
adopted under Section 54.016 or 54.0165, Water Code, and that | ||
consents to the creation of the district or to the inclusion of land | ||
in the district. | ||
Sec. 8257.0306. DIVISION OF DISTRICT. (a) The district may | ||
be divided into two or more new districts only if the district: | ||
(1) has never issued any bonds; and | ||
(2) is not imposing ad valorem taxes. | ||
(b) This chapter applies to any new district created by the | ||
division of the district, and a new district has all the powers and | ||
duties of the district. | ||
(c) A new district created by the division of the district | ||
may not, at the time the new district is created, contain any land | ||
outside the area described by Section 2 of the Act enacting this | ||
chapter. | ||
(d) The board, on its own motion or on receipt of a petition | ||
signed by the owner or owners of a majority of the assessed value of | ||
the real property in the district, may adopt an order dividing the | ||
district. | ||
(e) The board may adopt an order dividing the district | ||
before or after the date the board holds an election under Section | ||
8257.0103 to confirm the district's creation. | ||
(f) An order dividing the district shall: | ||
(1) name each new district; | ||
(2) include the metes and bounds description of the | ||
territory of each new district; | ||
(3) appoint temporary directors for each new district; | ||
and | ||
(4) provide for the division of assets and liabilities | ||
between or among the new districts. | ||
(g) On or before the 30th day after the date of adoption of | ||
an order dividing the district, the district shall file the order | ||
with the commission and record the order in the real property | ||
records of each county in which the district is located. | ||
(h) A new district created by the division of the district | ||
shall hold a confirmation and directors' election as required by | ||
Section 8257.0103. | ||
(i) If the creation of the new district is confirmed, the | ||
new district shall provide the election date and results to the | ||
commission. | ||
(j) Any new district created by the division of the district | ||
must hold an election as required by this chapter to obtain voter | ||
approval before the district may impose a maintenance tax or issue | ||
bonds payable wholly or partly from ad valorem taxes. | ||
(k) Municipal consent to the creation of the district and to | ||
the inclusion of land in the district granted under Section | ||
8257.0104 acts as municipal consent to the creation of any new | ||
district created by the division of the district and to the | ||
inclusion of land in the new district. | ||
SUBCHAPTER D. DEFINED AREAS | ||
Sec. 8257.0401. AUTHORITY TO ESTABLISH DEFINED AREAS OR | ||
DESIGNATED PROPERTY. The district may define areas or designate | ||
certain property of the district to pay for improvements, | ||
facilities, or services that primarily benefit that area or | ||
property and do not generally and directly benefit the district as a | ||
whole. | ||
Sec. 8257.0402. PROCEDURE FOR ELECTION. (a) Before the | ||
district may impose an ad valorem tax applicable only to the defined | ||
area or designated property or issue bonds payable from ad valorem | ||
taxes of the defined area or designated property, the board shall | ||
hold an election in the defined area or designated property only. | ||
(b) The board may submit the proposition to the voters on | ||
the same ballot to be used in another election. | ||
Sec. 8257.0403. DECLARING RESULT AND ISSUING ORDER. (a) If | ||
a majority of the voters voting at the election held under Section | ||
8257.0402 approve the proposition or propositions, the board shall | ||
declare the results and, by order, shall establish the defined area | ||
or designated property and describe it by metes and bounds or | ||
designate the specific area or property. | ||
(b) A court may not review the board's order except on the | ||
ground of fraud, palpable error, or arbitrary and confiscatory | ||
abuse of discretion. | ||
Sec. 8257.0404. TAXES FOR SERVICES, IMPROVEMENTS, AND | ||
FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter | ||
approval and adoption of the order described by Section 8257.0403, | ||
the district may apply separately, differently, equitably, and | ||
specifically its taxing power and lien authority to the defined | ||
area or designated property to provide money to construct, | ||
administer, maintain, and operate services, improvements, and | ||
facilities that primarily benefit the defined area or designated | ||
property. | ||
Sec. 8257.0405. ISSUANCE OF BONDS FOR DEFINED AREA OR | ||
DESIGNATED PROPERTY. After the order under Section 8257.0403 is | ||
adopted, the district may issue bonds to provide for any land, | ||
improvements, facilities, plants, equipment, and appliances for | ||
the defined area or designated property. | ||
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS | ||
Sec. 8257.0501. ELECTIONS REGARDING TAXES OR BONDS. (a) | ||
The district may issue, without an election, bonds and other | ||
obligations secured by: | ||
(1) revenue other than ad valorem taxes; or | ||
(2) contract payments described by Section 8257.0503. | ||
(b) The district must hold an election in the manner | ||
provided by Chapters 49 and 54, Water Code, to obtain voter approval | ||
before the district may impose an ad valorem tax or issue bonds | ||
payable from ad valorem taxes. | ||
(c) The district may not issue bonds payable from ad valorem | ||
taxes to finance a road project unless the issuance is approved by a | ||
vote of a two-thirds majority of the district voters voting at an | ||
election held for that purpose. | ||
Sec. 8257.0502. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 8257.0501, the | ||
district may impose an operation and maintenance tax on taxable | ||
property in the district in accordance with Section 49.107, Water | ||
Code. | ||
(b) The board shall determine the tax rate. The rate may not | ||
exceed the rate approved at the election. | ||
Sec. 8257.0503. CONTRACT TAXES. (a) In accordance with | ||
Section 49.108, Water Code, the district may impose a tax other than | ||
an operation and maintenance tax and use the revenue derived from | ||
the tax to make payments under a contract after the provisions of | ||
the contract have been approved by a majority of the district voters | ||
voting at an election held for that purpose. | ||
(b) A contract approved by the district voters may contain a | ||
provision stating that the contract may be modified or amended by | ||
the board without further voter approval. | ||
SUBCHAPTER F. BONDS AND OTHER OBLIGATIONS | ||
Sec. 8257.0601. AUTHORITY TO ISSUE BONDS AND OTHER | ||
OBLIGATIONS. The district may issue bonds or other obligations | ||
payable wholly or partly from ad valorem taxes, impact fees, | ||
revenue, contract payments, grants, or other district money, or any | ||
combination of those sources, to pay for any authorized district | ||
purpose. | ||
Sec. 8257.0602. TAXES FOR BONDS. At the time the district | ||
issues bonds payable wholly or partly from ad valorem taxes, the | ||
board shall provide for the annual imposition of a continuing | ||
direct ad valorem tax, without limit as to rate or amount, while all | ||
or part of the bonds are outstanding as required and in the manner | ||
provided by Sections 54.601 and 54.602, Water Code. | ||
Sec. 8257.0603. BONDS FOR ROAD PROJECTS. At the time of | ||
issuance, the total principal amount of bonds or other obligations | ||
issued or incurred to finance road projects and payable from ad | ||
valorem taxes may not exceed one-fourth of the assessed value of the | ||
real property in the district. | ||
SECTION 2. The Magnolia Woods Municipal Utility District | ||
No. 1 initially includes all the territory contained in the | ||
following area: | ||
TRACT ONE: | ||
Description of a 4,286.698 acre tract of land, Save and | ||
Except a 0.057 acre tract described in Warranty Deed to | ||
Lufkin-Conroe Telephone Exchange recorded under Montgomery County | ||
Clerk's File Number 9556511, out of the called 4,300.288 acre tract | ||
described in Special Warranty Deed from BST Timberlands of Texas to | ||
Woodard Ranch West, LP, recorded under Montgomery County Clerk's | ||
File Number 2005-064857 and also out of the tracts described in | ||
Special Warranty Deed to Magnolia Timber Partners, LP recorded | ||
under Volume 553, Page 001 of the Deed Records of Waller County | ||
Texas, Volume 849, Page 205 of the Deed Records of Grimes County, | ||
Texas, and Montgomery County Clerk's File Number 968009; and | ||
located in the Joseph C. Ferguson Survey, Abstract 221, Montgomery | ||
County, Alexander Robblis Survey, Abstract 464, Montgomery County | ||
and Abstract 400, Grimes County, H. M. Bullock Survey, Abstract 96, | ||
Grimes County, Robert Elgin Survey, Abstract 199, Montgomery | ||
County, R. O. Lusk Survey, Abstract 312, Montgomery County, and | ||
Abstract 299 Grimes County James M. Hamm Survey, Abstract 263, | ||
Montgomery County, James Pierpont Survey, Abstract 426, Montgomery | ||
County, Robert Watson Survey, Abstract 605, Montgomery County and | ||
Abstract 271, Waller County, and also located in Grimes County, | ||
Waller County, and Montgomery County, Texas and more particularly | ||
described as follows: | ||
BEGINNING at a 5/8 inch iron rod with cap marked "Carter & | ||
Burgess" set in the west right-of-way of FM 1774 (100.0 feet wide | ||
per Volume 219, Page 423, Volume 252, Page 343, Volume 252, Page | ||
344, Volume 257, Page 71, Volume 254, Page 556, Volume 215, Page | ||
512, and Volume 218, Page 2 of Montgomery County Deed Records) and | ||
in the north line of said Woodard Ranch West, LP tract and the south | ||
line of the called 1,995.300 acre tract described in Special | ||
Warranty Deed to the Charles Eugene Campbell Marital Trust recorded | ||
under Montgomery County Clerk's File Number 2004-058220; | ||
THENCE South 02 Degrees 34 Minutes 58 Seconds East, with west | ||
right-of-way line of FM 1486, a distance of 3459.57 feet to a set | ||
5/8 inch iron rod with rap marked "Carter & Burgess"; | ||
THENCE South 03 Degrees 11 Minutes 11 Seconds East, | ||
continuing with the west right-of-way line of FM 1486, a distance of | ||
2100.08 feet to a 5/8 inch iron rod with cap marked "Carter & | ||
Burgess" set for the northeast corner of a called 30.7877 acre tract | ||
described in deed to Tim Halfin recorded under Montgomery County | ||
Clerk's File Number 9868341; | ||
THENCE South 02 Degrees 34 Minutes 20 Seconds East, | ||
continuing with the west right-of-way line of FM 1486, a distance of | ||
551.60 feet to a 5/8 inch iron rod with rap marked "Carter & | ||
Burgess" set for corner; | ||
THENCE South 87 Degrees 03 Minutes 39 Seconds West, with the | ||
north line of said Tim Halfin tract and the south line of said | ||
Woodard Ranch West, LP tract, at a distance of 4.17 feet passing a | ||
rod in concrete, a total distance of 1433.74 feet to a 1 inch iron | ||
pipe found for the northwest corner of said Rim Halfin tract and a | ||
corner of said Woodard Ranch West, LP tract; | ||
THENCE South 02 Degrees 57 Minutes 58 Seconds East, with the | ||
west line of the said Jack Halfin tract, the west line of the called | ||
7.50 acre tract described in deed to Robert Mautz recorded under | ||
Montgomery County Clerk's File Number 9895592, the west line of the | ||
called 5.00 acre tract described in deed to Fred Muzkya recorded | ||
under Montgomery County Clerk's File Number 99074582, the west line | ||
of the called 10 acre tract described in deed to Fred Muyzka | ||
recorded under Montgomery County Clerk's File Number 99074581, the | ||
west line of the called 10.00 acre tract described in deed to David | ||
McDonald recorded under Montgomery County Clerk File Number | ||
9812063, and the west line of the called 60.80 acre tract described | ||
in deed to Brenda Smith recorded under Montgomery County Clerk's | ||
File Number 8005582, and the east line of said Woodard Ranch West, | ||
LP tract, a distance of 3750.82 feet to a bolt in concrete found for | ||
the northwest corner of said Brenda Smith tract and a corner of said | ||
Woodard Ranch West, LP tract; | ||
THENCE North 87 Degrees 05 Minutes 09 Seconds East, with the | ||
south line of said Brenda Smith tract and the north line of said | ||
Woodard Ranch West, LP tract, at a distance of 1411.99 feet passing | ||
a found concrete monument, a total distance of 1416.40 feet to a 5/8 | ||
inch iron rod with cap marked "Carter & Burgess" set for corner in | ||
the west right-of-way line of FM 1486; | ||
THENCE South 02 Degrees 44 Minutes 42 Seconds East, with the | ||
west right-of-way line of FM 1486, a distance of 196.91 feet to a | ||
5/8 inch iron rod with cap marked "Carter & Burgess" set for corner; | ||
THENCE South 02 Degrees 56 Minutes 32 Seconds East, with the | ||
west right-of-way line of FM 1486, a distance of 1741.20 feet to a | ||
5/8 inch iron rod with cap masked "Carter& Burgess" set for the | ||
northeast corner of the called 10.00 acre tract described in deed to | ||
Magnolia Independent School District recorded under Montgomery | ||
County Clerk's File Number 9350680; | ||
THENCE South 87 Degrees 11 Minutes 27 Seconds West, with the | ||
north line of said Magnolia Independent School District tract and | ||
the south line of said Woodard Ranch West, LP tract, a distance of | ||
661.95 feet to a 5/8 inch iron rod with cap found for the northwest | ||
corner of said Magnolia Independent School District; | ||
THENCE South 02 Degrees 48 Minutes 41 Seconds East, with the | ||
west line of said Magnolia Independent School District tract and | ||
the east line of said Woodard Ranch West, LP tract, a distance of | ||
660.21, feet to a 5/8 inch iron rod with cap found for the southwest | ||
corner of said Magnolia Independent School District tract; | ||
THENCE North 87 Degrees 10 Minutes 30 Seconds East, with the | ||
south line of said Magnolia Independent School District tract and | ||
the north line of said Woodard Ranch West, LP tract, a distance of | ||
663.46 feet to a 5/8 inch iron rod with cap marked "Carter & | ||
Burgess" act in the west right-of-way line of FM 1486; | ||
THENCE South 02 Degrees 56 Minutes 32 Seconds East, with the | ||
west right-of-way line of FM 1486, a distance of 1510.35 feet to a | ||
set 5/8 inch iron rod with cap marked "Carter& Burgess"; | ||
THENCE South 01 Degrees 35 Minutes 42 Seconds East, | ||
continuing with the west right-of-way line of FM 1486, a distance of | ||
755.41 feet to a point in the center of Mill Creek; | ||
THENCE with the center of Mill Creek the following calls: | ||
North 66 Degrees 29 Minutes 42 Seconds West, a distance of 153 | ||
feet; | ||
North 47 Degrees 03 Minutes 46 Seconds West, a distance of | ||
25.15 feet; | ||
North 15 Degrees 23 Minutes 49 Seconds West, a distance of | ||
34.41 feet; | ||
North 50 Degrees 04 Minutes 47 Seconds West, a distance of | ||
42.44 feet; | ||
North 69 Degrees 33 Minutes 31 Seconds West a distance 53.78 | ||
feet; | ||
North 51 Degrees 00 Minutes 58 Seconds West, a distance of | ||
148.95 feet; | ||
North 21 Degrees 18 Minutes 25 Seconds West, a distance of | ||
69.98 feet; | ||
South 74 Degrees 51 Minutes 13 Seconds West, a distance of | ||
120.60 feet; | ||
North 41 Degrees 09 Minutes 02 Seconds West, a distance of | ||
46.98 feet; | ||
North 21 Degrees 20 Minutes 56 Seconds West, a distance of | ||
117.72 feet; | ||
North 50 Degrees 52 Minutes 08 Seconds West, a distance of | ||
74.60 feet; | ||
North 24 Degrees 19 Minutes 33 Seconds West, a distance of | ||
53.22 feet; | ||
North 87 Degrees 17 Minutes 11 Seconds West, a distance 46.99 | ||
feet; | ||
South 69 Degrees 05 Minutes 22 Seconds West, a distance of | ||
180.84 feet; | ||
South 43 Degrees 04 Minutes 37 Seconds West, a distance of | ||
126.16 feet; | ||
South 74 Degrees 00 Minutes 22 Seconds West, a distance of | ||
56.30 feet; | ||
South 83 Degrees 01 Minutes 41 Seconds West, a distance of | ||
110.13 feet; | ||
South 76 Degrees 38 Minutes 10 Seconds West, a distance of | ||
52.88 feet, | ||
North 50 Degrees 24 Minutes 09 Seconds West, a distance of | ||
125.15 feet; | ||
North 74 Degrees 07 Minutes 57 Seconds West, a distance of | ||
104.06 feet, | ||
North 48 Degrees 05 Minutes 58 Seconds West, a distance of | ||
76.65 feet; | ||
North 58 Degrees 18 Minutes 08 Seconds West, a distance of | ||
111.05 feet; | ||
North 86 Degrees 46 Minutes 10 Seconds West, a distance of | ||
32.03 feet; | ||
South 12 Degrees 23 Minutes 06 Seconds West, a distance of | ||
95.06 feet; | ||
South 54 Degrees 16 Minutes 54 Seconds West, a distance of | ||
67.33 feet; | ||
South 18 Degrees 21 Minutes 22 Seconds West; a distance of | ||
72.49 feet; | ||
North 84 Degrees 12 Minutes 58 Seconds West, a distance of | ||
94.80 feet; | ||
South 70 Degrees 02 Minutes 40 Seconds West, a distance of | ||
148.00 feet; | ||
North 19 Degrees 36 Minutes 03 Seconds West, a distance of | ||
23.54 feet; | ||
North 0 Degrees 13 Minutes 43 Seconds West, a distance of | ||
60.16 feet; | ||
North 55 Degrees 29 Minutes 43 Seconds West, a distance of | ||
46.99 feet; | ||
South 81 Degrees 09 Minutes 48 Seconds West, a distance of | ||
55.26 feet; | ||
South 54 Degrees 46 Minutes 58 Seconds West, a distance of | ||
160.79 feet; | ||
South 46 Degrees 36 Minutes 18 Seconds West, a distance of | ||
71.94 feet; | ||
North 88 Degrees 40 Minutes 16 Seconds West, a distance of | ||
68.48 feet; | ||
South 3 Degrees 03 Minutes 49 Seconds East a distance of | ||
103.80 feet; | ||
South 58 Degrees 10 Minutes 14 Seconds West, a distance of | ||
99.77 feet; | ||
North 69 Degrees 43 Minutes 47 Seconds West, a distance of | ||
111.89 feet; | ||
North 5 Degrees 02 Minutes 25 Seconds West; a distance of | ||
142.38 feet; | ||
North 39 Degrees 45 Minutes 16 Seconds West a distance of | ||
17.27 feet; | ||
North 38 Degrees 58 Minutes 20 Seconds West, a distance of | ||
20.56 feet; | ||
South 72 Degrees 58 Minutes 37 Seconds West, a distance of | ||
107.26 feet, | ||
North 35 Degrees 30 Minutes 48 Seconds West, a distance of | ||
52.44 feet; | ||
North 75 Degrees 00 Minutes 07 Seconds East; a distance of | ||
44.76 feet; | ||
North 49 Degrees 16 Minutes 57 Seconds West, a distance of | ||
76.44 feet; | ||
South 76 Degrees 18 Minutes 51 Seconds West, a distance of | ||
124.20 feet; | ||
North 79 Degrees 16 Minutes 32 Seconds West, a distance of | ||
163.51 feet; | ||
South 51 Degrees 38 Minutes 22 Seconds West, a distance of | ||
65.74 feet, | ||
South 59 Degrees 16 Minutes 59 Seconds East, a distance of | ||
87.74 feet; | ||
South 62 Degrees 51 Minutes 02 Seconds West, a distance of | ||
105.40 feet; | ||
South 86 Degrees 13 Minutes 08 Seconds West, a distance of | ||
127.37 feet; | ||
North 59 Degrees 15 Minutes 27 Seconds West, a distance of | ||
20.51 feet; | ||
North 12 Degrees 05 Minutes 23 Seconds East, a distance of | ||
42.25 feet; | ||
North 66 Degrees 09 Minutes 22 Seconds West, a distance of | ||
45.72 feet; | ||
South 75 Degrees 11 Minutes 42 Seconds West, a distance of | ||
98.33 feet; | ||
South 30 Degrees 35 Minutes 00 Seconds West, a distance of | ||
152.59 feet; | ||
South 6 Degrees 03 Minutes 19 Seconds East, a distance of | ||
32.22 feet; | ||
South 31 Degrees 53 Minutes 33 Seconds East, a distance of | ||
101.56 feet; | ||
South 55 Degrees 27 Minutes 10 Seconds East, a distance of | ||
105.07 feet; | ||
South 33 Degrees 52 Minutes 46 Seconds West, a distance of | ||
68.75 feet; | ||
South 78 Degrees 25 Minutes 54 Seconds West, a distance of | ||
207.12 feet; | ||
North 84 Degrees 39 Minutes 12 Seconds a distance of 159.86 | ||
feet; | ||
North 18 Degrees 00 Minutes 22 Seconds West, a distance of | ||
92.87 feet; | ||
North 35 Degrees 15 Minutes 57 Seconds East, a distance of | ||
85.03 feet; | ||
North 33 Degrees 03 Minutes 10 Seconds West, a distance of | ||
135.81 feet; | ||
North 36 Degrees 04 Minutes 39 Seconds East, a distance of | ||
78.18 feet; | ||
North 33 Degrees 09 Minutes 02 Seconds West, a distance of | ||
95.91 feet; | ||
North 84 Degrees 40 Minutes 30 Seconds West, a distance of | ||
210.32 feet; | ||
South 51 Degrees 35 Minutes 52 Seconds West, a distance of | ||
36.19 feet; | ||
South 50 Degrees 27 Minutes 50 Seconds East, a distance of | ||
33.36 feet; | ||
North 63 Degrees 52 Minutes 38 Seconds East, a distance of 22. | ||
30 feet; | ||
South 15 Degrees 55 Minutes 37 Seconds East, a distance of | ||
37.13 feet; | ||
South 47 Degrees 10 Minutes 49 Seconds West, a distance of | ||
48.72 feet; | ||
South 86 Degrees 10 Minutes 28 Seconds West, a distance of | ||
167.22 feet; | ||
South 52 Degrees 25 Minutes 53 Seconds West, a distance of | ||
246.19 feet; | ||
South 40 Degrees 38 Minutes 57 Seconds West, a distance of | ||
74.90 feet; | ||
North 74 Degrees 19 Minutes 02 Seconds West, a distance of | ||
92.79 feet; | ||
South 69 Degrees 10 Minutes 55 Seconds West, a distance of | ||
66.48 feet; | ||
North 48 Degrees 06 Minutes 52 Seconds West, a distance of | ||
60.65 feet; | ||
South 72 Degrees 19 Minutes 16 Seconds West, a distance of | ||
30.00 feet; | ||
South 2 Degrees 12 Minutes 42 Seconds East, a distance of | ||
54.18 feet; | ||
South 30 Degrees 24 Minutes 19 Seconds West, a distance of | ||
70.78 feet; | ||
South 66 Degrees 36 Minutes 03 Seconds West, a distance of | ||
147.99 feet; | ||
North 59 Degrees 24 Minutes 18 Seconds West, a distance of | ||
64.04 feet; | ||
North 81 Degrees 46 Minutes 49 Seconds West, a distance of | ||
149.37 feet; | ||
North 52 Degrees 20 Minutes 57 Seconds West, a distance of | ||
89.40 feet; | ||
South 89 Degrees 42 Minutes 29 Seconds West, a distance of | ||
53.97 feet; | ||
South 29 Degrees 38 Minutes 45 Seconds West, a distance of | ||
206.94 feet; | ||
South 54 Degrees 20 Minutes 53 Seconds West, a distance of | ||
99.96 feet; | ||
South 37 Degrees 00 Minutes 20 Seconds West, a distance of | ||
183.95 feet; | ||
South 7 Degrees 16 Minutes 40 Seconds East, a distance of | ||
66.68 feet; | ||
South 18 Degrees 37 Minutes 13 Seconds West, a distance of | ||
145.00 feet; | ||
South 50 Degrees 55 Minutes 33 Seconds West a distance of | ||
50.37 feet; | ||
South 81 Degrees 25 Minutes 05 Seconds West, a distance of | ||
117.81. feet; | ||
South 43 Degrees 33 Minutes 33 Seconds West, a distance of | ||
214.19 feet; | ||
South 55 Degrees 56 Minutes 20 Seconds West, a distance of | ||
199.82 feet; | ||
North 86 Degrees 30 Minutes 30 Seconds West, a distance of | ||
66.04 feet; | ||
North 39 Degrees 31 Minutes 13 Seconds West, a distance of | ||
73.41 feet, | ||
North 24 Degrees 35 Minutes 20 Seconds West, a distance of | ||
20.52 feet; | ||
North 64 Degrees 12 Minutes 02 Seconds West, a distance of | ||
197.24 feet; | ||
North 42 Degrees 28 Minutes 22 Seconds West, a distance of | ||
185.27 feet; | ||
North 5 Degrees 07 Minutes 35 Seconds East, a distance of | ||
75.65 feet; | ||
North 19 Degrees 31 Minutes 28 Seconds West, a distance of | ||
44.62 feet; | ||
North 0 Degrees 27 Minutes 51 Seconds East, a distance of | ||
239.11 feet; | ||
North 27 Degrees 30 Minutes 15 Seconds East, a distance of | ||
83.52 feet; | ||
North 60 Degrees 50 Minutes 32 Seconds West, a distance of | ||
69.65 feet; | ||
South 79 Degrees 21 Minutes 19 Seconds West, a distance of | ||
191.59 feet; | ||
North 51 Degrees 02 Minutes 23 Seconds West, a distance of | ||
107.06 feet; | ||
North 13 Degrees 38 Minutes 34 Seconds West, a distance of | ||
156.05 feet; | ||
North 48 Degrees 55 Minutes 46 Seconds West, a distance of | ||
390.43 feet; | ||
North 36 Degrees 13 Minutes 39 Seconds West, a distance of | ||
166.29 feet; | ||
North 89 Degrees 35 Minutes 57 Seconds West, a distance of | ||
45.71 feet, | ||
South 61 Degrees 51 Minutes 40 Seconds West, a distance of | ||
198.79 feet; | ||
South 30 Degrees 04 Minutes 49 Seconds West, a distance of | ||
36.09 feet; | ||
South 20 Degrees 11 Minutes 29 Seconds East, a distance of | ||
96.61 feet; | ||
South 6 Degrees 08 Minutes 11 Seconds East, a distance of | ||
174.03 feet; | ||
South 7 Degrees 28 Minutes 44 Seconds West, a distance of | ||
106.64 feet, | ||
South 27 Degrees 41 Minutes 51 Seconds West, a distance of | ||
131.32 feet; | ||
South 4 Degrees 34 Minutes 07 Seconds West, a distance of | ||
152.56 feet; | ||
South 24 Degrees 50 Minutes 38 Seconds West, a distance of | ||
324.10 feet; | ||
North 62 Degrees 01 Minutes 07 Seconds West, a distance of | ||
59.93 feet; | ||
South 63 Degrees 06 Minutes 40 Seconds West, a distance of | ||
55.18 feet; | ||
South 11 Degrees 19 Minutes 06 Seconds West, a distance of | ||
17.89 feet; | ||
North 84 Degrees 39 Minutes 41 Seconds West, a distance of | ||
15.53 feet; | ||
South 27 Degrees 40 Minutes 44 Seconds West, a distance of | ||
52.50 feet; | ||
South 54 Degrees 48 Minutes 46 Seconds West, a distance of | ||
163.39 feet; | ||
South 1 degree 53 Minutes 56 Seconds East, a distance of 74.20 | ||
feet; | ||
South 25 Degrees 46 Minutes 31 Seconds West; a distance of | ||
41.01 feet; | ||
South 43 Degrees 04 Minutes 41 Seconds West, a distance of | ||
153.67 feet; | ||
South 65 Degrees 24 Minutes 42 Seconds West, a distance of | ||
152.12 feet; | ||
South 85 Degrees 45 Minutes 56 Seconds West, a distance of | ||
59.54 feet; | ||
North 60 Degrees 55 Minutes 21 Seconds West, a distance of | ||
68.90 feet; | ||
North 14 Degrees 20 Minutes 24 Seconds West, a distance of | ||
145.46 feet; | ||
North 37 Degrees 47 Minutes 55 Seconds West, a distance of | ||
91.94 feet; | ||
North 17 Degrees 32 Minutes 20 Seconds West, a distance of | ||
83.43 feet; | ||
North 49 Degrees 24 Minutes 51 Seconds West; a distance of | ||
71.33 feet; | ||
North 15 Degrees 47 Minutes 09 Seconds West, a distance of | ||
79.77 feet; | ||
North 44 Degrees 54 Minutes 58 Seconds West, a distance of | ||
149.26 feet; | ||
South 78 Degrees 48 Minutes 22 Seconds West, a distance of | ||
104.91 feet; | ||
THENCE North 76 Degrees 24 Minutes 51 Seconds West; with the | ||
center of Mill Creek, a distance of 90.78 feet to the northwest | ||
corner of the called 73.594 acre tract described in deed to Ruel | ||
Sanders recorded under Volume 679 Page 212 of the Deed Records of | ||
Montgomery County; | ||
THENCE South 3 Degrees 17 Minutes 07 Seconds East, with the | ||
west line of said Ruel Sanders tract and the east line of the | ||
Magnolia Timber Partners tract, a distance of 19.89 feet to a 5/8 | ||
inch iron rod with cap marked "Carter & Burgess" set for corner; | ||
THENCE South 86 Degrees 42 Minutes 53 Seconds West, with the | ||
north line of the called 103 acre tract described in deed to R. F. | ||
Sanders recorded under Volume 280, Page 301 of the Deed Records of | ||
Montgomery County and the south line of the Woodard Ranch West, LP | ||
tract, a distance of 1194.54 feet to a 5/8 inch iron rod with cap | ||
marked "Carter & Burgess" set for the northwest corner of said R. F. | ||
Sanders tract; | ||
THENCE South 3 Degrees 17 Minutes 07 Seconds East, with the | ||
east line of the Woodard Ranch West, LP tract and the west line of | ||
the said R. F. Sanders tract, a distance of 3635.69 feet to a 5/8 | ||
inch iron rod with cap marked "Carter & Burgess" set for comer; | ||
THENCE South 2 Degrees 25 Minutes 09 Seconds East, continuing | ||
with the east line of the Woodard Ranch West, LP tract and the west | ||
line of the R. F. Sanders tract, a distance of 919.23 feet to a 5/8 | ||
inch iron rod with cap marked "Carter & Burgess" set previous in the | ||
north right-of-way line of FM 1774 (60.0 feet wide per Volume 204, | ||
Page 522 of Montgomery County Deed Records); | ||
THENCE North 74 Degrees 43 Minutes 59 Seconds West, with the | ||
north right-of-way of FM 1774, a distance of 479.95 feet to a 5/8 | ||
inch iron rod with cap marked "Carter & Burgess" set for the | ||
beginning of a curve to the right; | ||
THENCE in a northwesterly direction with the north | ||
right-of-way of FM 1774 and said curve to the right, having a radius | ||
of 1170.47 feet, a central angle of 30 Degrees 46 Minutes 39 | ||
Seconds, a chord bearing of North 59 Degrees 20 Minutes 40 Seconds | ||
West, a chord distance of 621.21 feet, at an arc distance of 297 | ||
feet crossing the Montgomery County and Waller County Line, a total | ||
arc distance of 628.74 feet to 5/8 inch iron rod with cap marked | ||
"Carter & Burgess" set for the point of tangency; | ||
THENCE North 43 Degrees 57 Minutes 20 Seconds West, | ||
continuing with the north right-of-way line of FM 1774, a distance | ||
of 574.51 feet to a 5/8 inch iron rod with cap marked "Carter & | ||
Burgess" set for corner; | ||
THENCE North 42 Degrees 58 Minutes 17 Seconds West, | ||
continuing with the north right-of-way line of FM 1774, a distance | ||
of 443.48 feet to a 5/8 inch iron rod with cap marked "Carter & | ||
Burgess" set for corner of the herein described tract and the | ||
southeast corner of a called 3.3907 acre tract described in deed to | ||
Chaminade Capital Corporation recorded under Volume 554, Page 571 | ||
of the Waller County Deed Records, from which a found concrete | ||
monument bears South 02 Degrees 36 Minutes 21 Seconds East, a | ||
distance of 337.82 feet; | ||
THENCE North 02 Degrees 36 Minutes 21 Seconds West, with the | ||
east line of the Richard Prior Survey and the west tine of the | ||
Robert Watson Survey, Abstract 271 Waller County, also with the | ||
west line of the Woodard Ranch West, LP tract, the east line of the | ||
called 3.3907 acre tract described in deed to Chaminade Capital | ||
Corp. recorded under Volume 554, Page 571, the east line of the call | ||
3.3907 acre tract described in deed to Kevin Zabiegala recorded | ||
under Volume 559, Page 882, the east line of the called 3.3907 acre | ||
tract described in deed to Donna Hoyt recorded under Volume 414, | ||
Page 582, the east line of the tract described in deed to Randolph | ||
Hardee recorded under Volume 378, Page 911, the east line of the | ||
call 7.458 acre tract described in deed to Eugene Mattern recorded | ||
under Volume 531, Page 898, the east line of the called 56.0438 acre | ||
tract described in deed to Brenda Tolleson recorded under Volume | ||
474, Page 479, the east line of the called 19.755 acre tract | ||
described in deed to Eugene Mattern recorded under Volume 571, Page | ||
767, and the east line of the called 90.0 acre tract described in | ||
deed to Wm. F. Jackson recorded under Volume 168, Page 540 all of | ||
the Deed Records of Waller County, a distance of 6362 .56 feet to a | ||
5/8 inch iron rod with cap marked "Carter & Burgess" set for corner; | ||
THENCE North 02 Degrees 51 Minutes 14 Seconds West, with the | ||
west line of the Woodard Ranch West, LP tract, and the east line of | ||
Lake Hollyhill Acres subdivision recorded under Volume 275, Page | ||
292 of Grimes County Deed Records, a distance of 3169.95 feet to a | ||
square bolt in concrete found for corner; | ||
THENCE South 86 Degrees 55 Minutes 20 Seconds West, with the | ||
south line of the Woodard Ranch West, LP tract and the north line of | ||
Lake Hollyhill, a distance of 3150.62 feet to a 1/2 inch iron rod | ||
found for corner, | ||
THENCE North 3 Degrees 05 Minutes 22 Seconds West, with the | ||
west line of the Woodard Ranch West, LP tract and the east line of | ||
the called 19.484 acre tract, a distance of 954.90 feet to a 1/2 | ||
inch iron rod found for corner; | ||
THENCE North 87 Degrees 05 Minutes 46 Seconds East, with the | ||
north line of the Woodard Ranch West, LP tract and with the south | ||
line of the tracts described in deeds to Todd Mission Farm recorded | ||
under Volume 427, Page 712 and Volume 450 Page 739 of the Deed | ||
Records of Grimes County, a distance of 366.94 feet to a 1/2 inch | ||
iron rod found for corner; | ||
THENCE North 2 Degrees 47 Minutes 46 Seconds West, with the | ||
west line of the Woodard Ranch West, LP tract and with the east line | ||
of said Todd Mission Farm tract, a distance of 1565.13 feet to a 1/2 | ||
inch iron rod found for corner; | ||
THENCE South 87 Degrees 10 Minutes 42 Seconds West. with the | ||
south line of the Woodard Ranch West, LP tract and the north line of | ||
said Todd Mission Farm tract, a distance of 499.97 feet to a 1 1/2 | ||
inch iron pipe found for corner; | ||
THENCE North 3 Degrees 34 Minutes 54 Seconds West, with the | ||
west line of the Woodard Ranch West, LP tract and the east line of | ||
the Todd Mission Farm tract, a distance of 1112.04 feet to a 3/8 | ||
inch iron rod found for corner; | ||
THENCE North 04 Degrees 11 Minutes 26 Seconds West, | ||
continuing with the west line of the Woodard Ranch West, LP tract | ||
and the east line of the Todd Mission Farm tract, a distance of | ||
1123.78 feet to a 1/2 inch iron rod found for the northeast corner | ||
of said Todd Mission Farm tract from which a 3/4 inch iron bolt | ||
bears North 84 Degrees 42 Minutes 36 Seconds East a distance of | ||
21.66 feet; | ||
THENCE North 86 Degrees 07 Minutes 53 Seconds East, with the | ||
north line of the Woodard Ranch West, LP tract, the south line of | ||
the called 182.9495 acre tract described in deed to the Texas | ||
Renaissance Festival, Inc. recorded under Volume 565, Page 23 of | ||
the Deed Records of Grimes County, and with the south line of the | ||
tract described in deed to Clifford Largent recorded under Volume | ||
265, Page 369 of the Deed Records of Grimes County, a distance of | ||
2146.80 feet to a 1 1/2 inch iron pipe found for corner; | ||
THENCE North 06 Degrees 53 Minutes 24 Seconds West, with the | ||
west line of the Woodard Ranch West, LP tract and the east line of | ||
the Texas Renaissance Festival tract, a distance of 1856.50 feet to | ||
a concrete monument found for corner; | ||
THENCE North 3 Degrees 32 Minutes 02 Seconds West, with the | ||
west line of the Woodard Ranch West, LP tract, the east line of the | ||
Texas Renaissance Festival tract, the east line of the called | ||
36.706 acre tract described in deed to Autry Maywald recorded under | ||
Volume 696, Page 103, the east line of the called 16.0 acre tract | ||
described in deed to Michael Cotie recorded under Volume 362, Page | ||
558, and also with the east line of the H. M. Bullock Survey, | ||
Abstract 96 Grimes County, and with the west line of the Alexander | ||
Robblis Survey, Abstract 400 Grimes County, a distance of 2064.64 | ||
feet to a 5/8 inch iron rod with cap marked "Carter &. Burgess" set | ||
for corner; | ||
THENCE North 87 Degrees 31 Minutes 54 Seconds East, departing | ||
the east line of the a H. M. Bullock Survey and with the west line of | ||
the Alexander Robblis Survey, a distance of 12655.49 feet to the | ||
POINT OF BEGINNING and containing 4,286.698 acres less the | ||
following save and except 0.057 acre tract. | ||
SAVE & EXCEPT | ||
Description of a 0.057 acre tract of land, being that called | ||
0.057 acre tract described in deed to Lufkin-Conroe Telephone | ||
Exchange recorded under Montgomery County Clerk File Number | ||
9556511, and located in the Joseph G. Ferguson Survey, Abstract | ||
221, Montgomery County, Texas, and more particularly described as | ||
follows: | ||
COMMENCING at a 5/8 inch iron rod with cap marked "Carter & | ||
Burgess" set in the west right-of-way of FM 1774 (100.0 feet wide | ||
per Volume 219, Page 423, Volume 252, Page 343, Volume 252, Page | ||
344, Volume 257, Page 71, Volume 254, Page 556, Volume 215, Page | ||
512, and Volume 218, Page 2 of Montgomery County Deed Records) and | ||
in the north line of said Woodard Ranch West, LP tract and the south | ||
line of the called 1,995.300 acre tract described in Special | ||
Warranty Deed to the Charles Eugene Campbell Marital Trust recorded | ||
under Montgomery County Clerk's File Number 2004-058220; | ||
THENCE South 02 Degrees 34 Minutes 58 Seconds East, with west | ||
right-of-way line of FM 1486, a distance of 3459.37 feet to a set | ||
5/8 inch iron rod with cap marked "Carter & Burgess"; | ||
THENCE South 03 Degrees 11 Minutes 11 Seconds East, | ||
continuing with the west right-of-way of FM 1486, a distance 20.24 | ||
feet to a point for corner; | ||
THENCE South 87 Degrees 45 Minutes 51 Seconds West, with the | ||
south line of the 20 feet wide easement described in deed to | ||
Lufkin-Conroe Telephone Exchange recorded under Montgomery County | ||
Clerk's File Number 9556511, a distance of 99.52 feet to a 5/8 inch | ||
iron rod with cap marked "Carter & Burgess" set for the southeast | ||
corner of said Lufkin-Conroe Telephone Exchange called 0.057 acre | ||
tract and POINT OF BEGINNING of the herein described tract; | ||
THENCE South 87 Degrees 45 Minutes 51 Seconds West, with the | ||
south line of said Lufkin-Conroe Telephone Exchange tract and a | ||
north line of the tracts described in Special Warranty Deed to | ||
Magnolia Timber Partners LP recorded under Volume 553, Page 001 of | ||
the Deed Records of Waller County, Texas, Volume 849, Page 205 of | ||
the Deed Records of Grimes County, Texas, and Montgomery County | ||
Clerk's File Number 968009, a distance of 50.00 feet to a 1/2 inch | ||
iron rod found for the southwest corner of said Lufkin-Conroe | ||
Telephone Exchange tract; | ||
THENCE 02 Degrees 14 Minutes 09 Seconds West, with the west | ||
line of said Lufkin-Conroe Telephone Exchange tract and a east line | ||
of said Woodard Ranch West, LP tract, a distance of 50.00 feet to a | ||
1/2 inch iron rod found for the northwest corner of said | ||
Lufkin-Conroe Telephone Exchange tract; | ||
THENCE North 87 Degrees 45 Minutes 511 Seconds East, with the | ||
north line of said Lufkin-Conroe Telephone Exchange tract and a | ||
south line of said Woodard Ranch West; LP tract, a distance of 50.00 | ||
feet to a 1/2 inch iron rod found for the northeast corner of said | ||
Lufkin-Conroe Telephone Exchange tract; | ||
THENCE South 02 Degrees 14 Minutes 09 Seconds East, with the | ||
east line of said Lufkin-Conroe Telephone Exchange tract and a west | ||
line of said Woodard Ranch West, LP tract, a distance of 50.00 feet | ||
to the POINT OF BEGINNING and containing 0.057 acre of land. | ||
TRACT TWO: | ||
Description of 1,445.197 acres of land out of the called | ||
2,323.214 acre tract described in Special Warranty Deed from BST | ||
Timberlands of Texas, L.P. to Woodard Ranch Partners, L P recorded | ||
August 26, 2005 under Montgomery County Clerk File Number | ||
2005-095962 of the real property records of Montgomery County, | ||
Texas, and located in the William Stansbury Survey, Abstract 508 | ||
and the Thomas G. Allen Survey, Abstract 64, Montgomery County, | ||
Texas and more particularly described as follows: | ||
BEGINNING at a concrete monument found in the east | ||
right-of-way line of FM 1486 (100 feet wide) recorded under Volume | ||
219, Page 423, Volume 252, Page 343, Volume 252, Page 344, Volume | ||
257, Page 71, Volume 254, Page 556, Volume 215, Page 512 and Volume | ||
218, Page 2 of the Deed Records of Montgomery County, Texas in the | ||
south line of said Woodard Ranch Partners, L.P. called 2,323 214 | ||
acre tract, and the northwest corner of the called 9.9999 acre tract | ||
described in deed to Joanne Moore recorded under Montgomery County | ||
Clerk's File Number 2003-042415; | ||
THENCE North 02 degrees 53 minutes 38 seconds West, with the | ||
east right-of-way line of FM 1486, a distance of 1,165.37 feet to a | ||
concrete monument found for the southwest corner of the called | ||
29.397 acre tract described in deed to M. L. Maciejeski recorded | ||
under Volume 259, Page 791 of Montgomery County Deed Records and in | ||
the north line of said Woodard Ranch Partners, L.P. tract; | ||
THENCE North 87 degrees 12 minutes 36 seconds East, with the | ||
north line of said Woodard Ranch Partners, L.P. called 2,323.214 | ||
acre tract and the south line of the called 29.397 acre tract, a | ||
distance of 1,681.98 feet to a point in a creek from which a set 5/8 | ||
inch iron rod with cap marked "Carter & Burgess" bears South 87 | ||
degrees 12 minutes 36 seconds West, a distance of 100.00 feet; | ||
THENCE North 16 degrees 26 minutes 24 seconds West, with the | ||
creek, a distance of 233.50 feet to a point for corner; | ||
THENCE North 40 degrees 41 minutes 24 seconds West, | ||
continuing with the creek, a distance of 123.30 feet to a point for | ||
corner; | ||
THENCE North 04 degrees 56 minutes 24 seconds West, | ||
continuing with the creek, a distance of 207.40 feet to a point for | ||
corner; | ||
THENCE North 22 degrees 34 minutes 08 seconds West continuing | ||
with the creek, a distance of 71.00 feet to a point for corner; | ||
THENCE North 41 degrees 35 minutes 52 seconds East, | ||
continuing with the creek, a distance of 71.50 feet to a point for | ||
corner; | ||
THENCE North 40 degrees 39 minutes 49 seconds West, | ||
continuing with the creek, a distance of 187.91 feet to a point for | ||
corner; | ||
THENCE North 29 degrees 57 minutes 45 seconds West, | ||
continuing with the creek, a distance of 450.22 to a point for | ||
corner; | ||
THENCE North 66 degrees 31 minutes 40 seconds West, | ||
continuing with the creek, a distance of 308.15 feet to a point for | ||
corner; | ||
THENCE North 45 degrees 01 minutes 38 seconds West, | ||
continuing with the creek, a distance of 363.18 feet to a point for | ||
corner; | ||
THENCE North 19 degrees 20 minutes 00 seconds West, | ||
continuing with the creek, a distance of 259.64 feet to a point for | ||
corner; | ||
THENCE North 17 degrees 39 minutes 04 seconds West, | ||
continuing with the creek, a distance of 394.32 feet to a point for | ||
corner; | ||
THENCE North 63 degrees 20 minutes 45 seconds West, | ||
continuing with the creek, a distance of 56.90 feet to a point for | ||
corner; | ||
THENCE North 22 degrees 21 minutes 29 seconds West, | ||
continuing with the creek, a distance of 480.58 feet to a point for | ||
corner; | ||
THENCE North 23 degrees 41 minutes 20 seconds West, | ||
continuing with the creek, a distance of 263.57 feet to a point for | ||
corner; | ||
THENCE North 38 degrees 22 minutes 48 seconds West, | ||
continuing with the creek, a distance of 427.55 feet to a 3/4 inch | ||
iron rod found in the east right-of-way line of FM 1486; | ||
THENCE North 02 degrees 42 minutes 57 seconds West, with the | ||
east right-of-way line of FM 1486, a distance of 400.73 feet to a | ||
concrete monument found for the southwest corner of the Convenient | ||
County Estates Subdivision, Phase II, recorded under Cabinet H, | ||
Sheet 79 B of Montgomery County Map Records and in the north line of | ||
the William Stansbury Survey, Abstract 508 and the south line of the | ||
William Stansbury Survey, Abstract 531; | ||
THENCE North 87 degrees 22 minutes 40 seconds East, with the | ||
north line of said Woodard Ranch Partners, L.P. tract, the south | ||
line of the Convenient County Estates Subdivision, the north line | ||
of the William Stansbury Survey, Abstract 508, and the south line of | ||
the William Stansbury Survey, Abstract 531, a distance of 6,641.21 | ||
feet to a 5/8 inch iron rod found for corner; | ||
THENCE North 87 degrees 10 minutes 42 seconds East, | ||
continuing with the north line of said Woodard Ranch Partners, L.P. | ||
tract and the south line of said Convenient County Estates, a | ||
distance of 5,747.50 feet to a 4 inch iron pipe found for the | ||
southeast corner of the Convenient County Estates Subdivision, a | ||
northern corner of said Woodard Ranch Partners, L.P. tract, the | ||
northeast corner of William Stansbury Survey, Abstract 192; | ||
THENCE South 02 degrees 44 minutes 34 seconds East, with the | ||
east line of said William Stansbury Survey and the west line of said | ||
Jacob Eyler Survey, a distance of 1,243.66 feet to 3/4 inch iron | ||
pipe found for a southern corner of said Woodard Ranch Partners, | ||
L.P. tract, the northwest corner of the John T. Rockwell Survey, | ||
Abstract 451 and the northwest corner of the. called 320 acre tract | ||
described in deed to Dan H. Madeley recorded under Volume 414, Page | ||
291 of Montgomery County Deed Records; | ||
THENCE South 02 degrees 35 minutes 52 seconds East, with the | ||
east line of said William Stansbury Survey, the east line of said | ||
Woodard Ranch Partners, L.P. tract, and the west line of said John | ||
T. Rockwell Survey, a distance of 4,322.67 feet to a 2 inch iron | ||
pipe found for a southern corner of said Woodard Ranch Partners, | ||
L.P. tract; | ||
THENCE South 87 degrees 02 minutes 33 seconds West, with the | ||
south line of the Woodard Ranch Partners, L.P. tract, the south line | ||
of said William Stansbury Survey, and the north line of the called | ||
131.230 acre tract described in deed to Raymond C. Rickett, Jr. | ||
recorded under Montgomery County Clerk File Number 9719186, a | ||
distance of 3,324.80 feet to a 1 inch iron pipe found for a southern | ||
corner of said Woodard Ranch Partners, L.P. tract and the northwest | ||
corner of said Raymond C. Rickett, Jr. tract; | ||
THENCE South 02 degrees 46 minutes 27 seconds East, with the | ||
east line of said Woodard Ranch Partners, L.P. tract and the west | ||
line of said Raymond C. Rickett, Jr. tract, a distance of 1,264.55 | ||
feet to a 1 inch iron pipe found for a southern corner of said | ||
Woodard Ranch Partners, L.P. tract, the southwest corner of said | ||
Raymond C. Rickett, Jr. tract and in the north line of the called | ||
209.46 acre tract described in deed to Christopher Rhodes recorded | ||
under Montgomery County Clerk's File Number 9526828; | ||
THENCE South 86 degrees 51 minutes 47 seconds West, with the | ||
south line of said Woodard Ranch Partners, L.P. tract and the north | ||
line of the Christopher Rhodes tract, a distance of 1,617.63 feet to | ||
a 5/8 inch iron rod set for a southern corner of said Woodard Ranch | ||
Partners, L.P. tract and the northwest corner of said Christopher | ||
Rhodes tract, and in the west line of the Thomas G. Allen Survey; | ||
THENCE North 03 degrees 11 minutes 35 seconds West, with the | ||
west line of said Woodard Ranch Partners, L.P. tract and the east | ||
line of the Magnolia East Unrecorded Subdivision described in deeds | ||
recorded under Montgomery County Clerk's File Numbers 9019503, | ||
8917284, 9770914, 99006599, 9750729, and 8913130, a distance of | ||
1,975.88 feet to a 4 inch iron pipe found for the northeast corner | ||
of said Magnolia East Unrecorded Subdivision, a southern corner of | ||
said Woodard Ranch Partners, L.P. tract, the northeast corner of | ||
the John Niles Survey, Abstract 396, and in the south line of the | ||
William Stansbury Survey, Abstract 508; | ||
THENCE South 87 degrees 20 minutes 16 seconds West, with the | ||
south line of said Woodard Ranch Partners, L.P. tract and the north | ||
line of said Magnolia East Unrecorded Subdivision described in | ||
deeds recorded under Montgomery County Clerk's File Numbers | ||
8913130, 2001-115769, 2000-102053, 8807383, 8502145, 9808626, | ||
9207949, 8844012, 8303341, Volume 1163, Page 759, 2004-112602, | ||
8436226, 9250650, 2002-018876, 9842447, 8751939, and 2003-042415 | ||
of Montgomery County Deed Records, at a distance of 797.74 feet | ||
passing a set 5/8 inch iron rod with cap marked "Carter & Burgess", | ||
a total distance of 7,414.45 feet to the POINT OF BEGINNING and | ||
containing 1,445.197 acres of land. | ||
SECTION 3. (a) The legal notice of the intention to | ||
introduce this Act, setting forth the general substance of this | ||
Act, has been published as provided by law, and the notice and a | ||
copy of this Act have been furnished to all persons, agencies, | ||
officials, or entities to which they are required to be furnished | ||
under Section 59, Article XVI, Texas Constitution, and Chapter 313, | ||
Government Code. | ||
(b) The governor, one of the required recipients, has | ||
submitted the notice and Act to the Texas Commission on | ||
Environmental Quality. | ||
(c) The Texas Commission on Environmental Quality has filed | ||
its recommendations relating to this Act with the governor, the | ||
lieutenant governor, and the speaker of the house of | ||
representatives within the required time. | ||
(d) All requirements of the constitution and laws of this | ||
state and the rules and procedures of the legislature with respect | ||
to the notice, introduction, and passage of this Act are fulfilled | ||
and accomplished. | ||
SECTION 4. (a) If this Act does not receive a two-thirds | ||
vote of all the members elected to each house, Subchapter C, Chapter | ||
8257, Special District Local Laws Code, as added by Section 1 of | ||
this Act, is amended by adding Section 8257.0307 to read as follows: | ||
Sec. 8257.0307. NO EMINENT DOMAIN POWER. The district may | ||
not exercise the power of eminent domain. | ||
(b) This section is not intended to be an expression of a | ||
legislative interpretation of the requirements of Section 17(c), | ||
Article I, Texas Constitution. | ||
SECTION 5. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2019. |