Bill Text: TX SB1915 | 2013-2014 | 83rd Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the creation of the Comal County Water Improvement District No. 3; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, or taxes.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2013-05-24 - House appoints conferees-reported [SB1915 Detail]
Download: Texas-2013-SB1915-Introduced.html
Bill Title: Relating to the creation of the Comal County Water Improvement District No. 3; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, or taxes.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2013-05-24 - House appoints conferees-reported [SB1915 Detail]
Download: Texas-2013-SB1915-Introduced.html
83R25361 SGA-F | ||
By: Campbell | S.B. No. 1915 |
|
||
relating to the creation of the Comal County Water Improvement | ||
District No. 3; granting a limited power of eminent domain; | ||
providing authority to issue bonds; providing authority to impose | ||
assessments, fees, or 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 8489 to read as follows: | ||
CHAPTER 8489. COMAL COUNTY WATER IMPROVEMENT DISTRICT NO. 3 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8489.001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "Commission" means the Texas Commission on | ||
Environmental Quality. | ||
(3) "Director" means a board member. | ||
(4) "District" means the Comal County Water | ||
Improvement District No. 3. | ||
Sec. 8489.002. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 8489.003. 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. 8489.004. CONSENT OF MUNICIPALITY AND DEVELOPMENT | ||
AGREEMENT REQUIRED. (a) The temporary directors may not hold an | ||
election under Section 8489.003 until each municipality in whose | ||
corporate limits or extraterritorial jurisdiction the district is | ||
located has: | ||
(1) consented by ordinance or resolution to the | ||
creation of the district and to the inclusion of land in the | ||
district; and | ||
(2) entered into a development agreement under Section | ||
212.172, Local Government Code, with the retail public utility | ||
owned by the municipality that addresses water and wastewater | ||
issues and with the owners of land in the district that addresses | ||
relevant issues, including: | ||
(A) the provision of services other than water or | ||
wastewater services to land in the district, including emergency | ||
services and solid waste collection; | ||
(B) traffic and roadway impacts caused by the | ||
creation of the district; | ||
(C) the amount of debt to be issued by the | ||
district or any new district created by the division of the | ||
district; | ||
(D) a plan for dividing the district, including | ||
the number, location, and size of any new districts created by the | ||
division of the district; | ||
(E) fire flow; | ||
(F) a prohibition against a retail public | ||
utility, as defined by Section 13.002, Water Code, other than the | ||
retail public utility owned by the municipality, from providing | ||
retail water or wastewater service to the property in the district | ||
or a new district created by the division of the district except | ||
with respect to any lands in the district or a new district created | ||
by division of the district that are included within the | ||
certificated service territory of another retail public utility, as | ||
defined by a certificate of public convenience and necessity; | ||
(G) an agreement to comply with the | ||
municipality's most current building codes and ordinances, public | ||
health and safety codes and ordinances, and environmental | ||
regulation codes and ordinances; and | ||
(H) an agreement to comply with the | ||
municipality's most current land use regulations. | ||
(b) The development agreement may not contain a provision | ||
prohibited by Section 212.174, Local Government Code, in relation | ||
to the provision of utility service. | ||
(c) A confirmation election held in violation of this | ||
section is void. | ||
Sec. 8489.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a) | ||
The district is created to serve a public purpose and benefit. | ||
(b) The district is created to accomplish the purposes of: | ||
(1) a 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. 8489.006. INITIAL DISTRICT TERRITORY. (a) The | ||
district is initially composed of the territory described by | ||
Section 2 of the Act enacting this chapter. | ||
(b) The boundaries and field notes contained in Section 2 of | ||
the Act enacting this chapter form a closure. A mistake made in the | ||
field notes or in copying the field notes in the legislative process | ||
does not affect the district's: | ||
(1) organization, existence, or validity; | ||
(2) right to issue any type of bond for the purposes | ||
for which the district is created or to pay the principal of and | ||
interest on a bond; | ||
(3) right to impose a tax; or | ||
(4) legality or operation. | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8489.051. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of five elected directors. | ||
(b) Except as provided by Section 8489.052, directors serve | ||
staggered four-year terms. | ||
Sec. 8489.052. TEMPORARY DIRECTORS. (a) The temporary | ||
board consists of: | ||
(1) William McLean; | ||
(2) Michael Morrill; | ||
(3) Lance Sallis; | ||
(4) Noah Shaffer; and | ||
(5) Stephen Delgado. | ||
(b) Temporary directors serve until the earlier of: | ||
(1) the date permanent directors are elected under | ||
Section 8489.003; or | ||
(2) the fourth anniversary of the effective date of | ||
the Act enacting this chapter. | ||
(c) If permanent directors have not been elected under | ||
Section 8489.003 and the terms of the temporary directors have | ||
expired, successor temporary directors shall be appointed or | ||
reappointed as provided by Subsection (d) to serve terms that | ||
expire on the earlier of: | ||
(1) the date permanent directors are elected under | ||
Section 8489.003; or | ||
(2) the fourth anniversary of the date of the | ||
appointment or reappointment. | ||
(d) If Subsection (c) applies, the owner or owners of a | ||
majority of the assessed value of the real property in the district | ||
may submit a petition to the commission requesting that the | ||
commission appoint as successor temporary directors the five | ||
persons named in the petition. The commission shall appoint as | ||
successor temporary directors the five persons named in the | ||
petition. | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8489.101. GENERAL POWERS AND DUTIES. The district has | ||
the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 8489.102. 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. 8489.103. AUTHORITY FOR ROAD PROJECTS. Under Section | ||
52, Article III, Texas Constitution, the district may design, | ||
acquire, construct, finance, issue bonds for, improve, operate, | ||
maintain, and convey to this state, a county, or a municipality for | ||
operation and maintenance macadamized, graveled, or paved roads, or | ||
improvements, including storm drainage, in aid of those roads. | ||
Sec. 8489.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road | ||
project must meet all applicable construction standards, zoning and | ||
subdivision requirements, and regulations of each municipality in | ||
whose corporate limits or extraterritorial jurisdiction the road | ||
project is located. | ||
(b) If a road project is not located in the corporate limits | ||
or extraterritorial jurisdiction of a municipality, the road | ||
project must meet all applicable construction standards, | ||
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. 8489.105. WATER AND WASTEWATER INFRASTRUCTURE. (a) | ||
The district may not construct a water or wastewater facility | ||
unless any municipality in whose corporate limits or | ||
extraterritorial jurisdiction the facility is located at the time | ||
of construction has approved the plans and specifications of the | ||
facility. | ||
(b) On completion of a water or wastewater facility | ||
described in a development agreement between the district and a | ||
municipality, the district shall convey the facility to the | ||
municipality or to the retail public utility owned by the | ||
municipality, free of all liens, claims, or encumbrances, in the | ||
form and manner acceptable to the municipality or retail public | ||
utility. | ||
Sec. 8489.106. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE | ||
OR RESOLUTION AND DEVELOPMENT AGREEMENT. (a) 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. | ||
(b) Notwithstanding other law, a municipality may place a | ||
condition or restriction on the creation of the district or | ||
inclusion of land in the district that is: | ||
(1) expressly permitted by Sections 54.016(e) and (i), | ||
Water Code; or | ||
(2) contained in the development agreement entered | ||
into under Section 212.172, Local Government Code, and this | ||
chapter. | ||
Sec. 8489.107. DIVISION OF DISTRICT. (a) The district may | ||
be divided into two or more new districts only if the district: | ||
(1) has no outstanding bonded debt; and | ||
(2) is not imposing ad valorem taxes. | ||
(b) This chapter applies to any new district created by the | ||
division of the district, and a new district has all the powers and | ||
duties of the district. | ||
(c) Any new district created by the division of the district | ||
may not, at the time the new district is created, contain any land | ||
outside the area described by Section 2 of the Act enacting this | ||
chapter. | ||
(d) The board, on its own motion or on receipt of a petition | ||
signed by the owner or owners of a majority of the assessed value of | ||
the real property in the district, may adopt an order dividing the | ||
district. | ||
(e) The board may adopt an order dividing the district | ||
before or after the date the board holds an election under Section | ||
8489.003 to confirm the district's creation. | ||
(f) An order dividing the district shall: | ||
(1) name each new district; | ||
(2) include the metes and bounds description of the | ||
territory of each new district; | ||
(3) appoint temporary directors for each new district; | ||
and | ||
(4) provide for the division of assets and liabilities | ||
between or among the new districts. | ||
(g) On or before the 30th day after the date of adoption of | ||
an order dividing the district, the district shall file the order | ||
with the commission and record the order in the real property | ||
records of each county in which the district is located. | ||
(h) Any new district created by the division of the district | ||
shall hold a confirmation and directors' election as required by | ||
Section 8489.003. | ||
(i) Municipal consent to the creation of the district and to | ||
the inclusion of land in the district granted under Section | ||
8489.004 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. | ||
(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. | ||
Sec. 8489.108. LIMITATION ON ANNEXATION OF LAND BY | ||
DISTRICT. The district or any new district created by the division | ||
of the district may not annex land outside the area described by | ||
Section 2 of the Act enacting this chapter without the consent of | ||
each municipality in whose corporate limits or extraterritorial | ||
jurisdiction any of the land in the area described by Section 2 of | ||
the Act enacting this chapter is located. | ||
Sec. 8489.109. MUNICIPAL ANNEXATION ADJACENT TO DISTRICT. | ||
For the purposes of Section 43.021(2), Local Government Code, or | ||
other law, including a municipal charter or ordinance relating to | ||
annexation, an area adjacent to the district or any new district | ||
created by the division of the district is considered adjacent to a | ||
municipality in whose corporate limits or extraterritorial | ||
jurisdiction any of the land in the area described by Section 2 of | ||
the Act enacting this chapter is located. | ||
Sec. 8489.110. LIMITS ON DISTRICT SERVICES. Inside the | ||
corporate limits or extraterritorial jurisdiction of a | ||
municipality, the district may not provide without the | ||
municipality's consent: | ||
(1) solid waste collection, treatment, or disposal | ||
services; or | ||
(2) fire protection services. | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 8489.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The | ||
district may issue, without an election, bonds and other | ||
obligations secured by: | ||
(1) revenue other than ad valorem taxes; or | ||
(2) contract payments described by Section 8489.153. | ||
(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. 8489.152. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 8489.151, the district | ||
may impose an operation and maintenance tax on taxable property in | ||
the district in accordance with Section 49.107, Water Code. | ||
(b) The board shall determine the tax rate. The rate may not | ||
exceed the rate approved at the election. | ||
Sec. 8489.153. CONTRACT TAXES. (a) In accordance with | ||
Section 49.108, Water Code, the district may impose a tax other than | ||
an operation and maintenance tax and use the revenue derived from | ||
the tax to make payments under a contract after the provisions of | ||
the contract have been approved by a majority of the district voters | ||
voting at an election held for that purpose. | ||
(b) A contract approved by the district voters may contain a | ||
provision stating that the contract may be modified or amended by | ||
the board without further voter approval. | ||
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS | ||
Sec. 8489.201. AUTHORITY TO ISSUE BONDS AND OTHER | ||
OBLIGATIONS. The district may issue bonds or other obligations | ||
payable wholly or partly from ad valorem taxes, impact fees, | ||
revenue, contract payments, grants, or other district money, or any | ||
combination of those sources, to pay for any authorized district | ||
purpose. | ||
Sec. 8489.202. TAXES FOR BONDS. At the time the district | ||
issues bonds payable wholly or partly from ad valorem taxes, the | ||
board shall provide for the annual imposition of a continuing | ||
direct ad valorem tax, without limit as to rate or amount, while all | ||
or part of the bonds are outstanding as required and in the manner | ||
provided by Sections 54.601 and 54.602, Water Code. | ||
Sec. 8489.203. BONDS FOR ROAD PROJECTS. At the time of | ||
issuance, the total principal amount of bonds or other obligations | ||
issued or incurred to finance road projects and payable from ad | ||
valorem taxes may not exceed one-fourth of the assessed value of the | ||
real property in the district. | ||
SECTION 2. The Comal County Water Improvement District No. | ||
3 initially includes all the territory contained in the following | ||
area: | ||
TRACT ONE: | ||
1252.958 acres of land located in the Antonio Maria Esnaurizar | ||
Eleven League Grant, Survey No. 1, Abstract No. 1, Subdivisions 13, | ||
14, 15, 16, 17, 18, 19, 20, 21, 22, and 31, Comal County, Texas, and | ||
being comprised of the following parcels: 1015.410 acre tract as | ||
described as a 1015.701 acre tract by a SPECIAL WARRANTY DEED from | ||
NORMANDY TERRACE, INC., a Texas Corporation, JAMES C. NORMAN, NANCY | ||
NORMAN and SUSAN N. SMITH to LAMROCK 3-2001 LIMITED, a Texas limited | ||
partnership, executed on April 30, 2001, and recorded in Document | ||
No. 200106014380 of the Official Public Records of Comal County, | ||
Texas, and an 85.763 acre tract comprised of a 57.133 acre tract as | ||
described in a PARTITION DEED between LEE E. JOHNSON and wife JEN | ||
MEI JOHNSON, executed on September 7, 1983, and recorded in Volume | ||
351, Pages 931-939 of the Deed Records of Comal County, Texas, and a | ||
28.500 acre tract as conveyed by SPECIAL WARRANTY DEED dated | ||
November 3, 1998, and recorded in Document No. 9806027705 of the | ||
Official Public Records of Comal County, Texas, and 28.477 acres of | ||
land being out of and a part of a 28.632 acre tract as conveyed by | ||
SPECIAL WARRANTY DEED from the RESOLUTION TRUST CORPORATION (RTC) | ||
to M.W. KRAFT, JR., executed on January 14, 1983, and recorded in | ||
Volume 874, Pages 72-76 of the Official Public Records of Comal | ||
County, Texas, and 27.474 acres of land being out of and a part of a | ||
27.611 acre tract as conveyed by GENERAL WARRANTY DEED from MICHAEL | ||
PAYNTER and wife THETA SCHUG PAYNTER, to MARY EVELYN FREEMAN, filed | ||
for record on June 10, 1985, and recorded in Volume 451, Pages | ||
695-697 of the Official Public Records of Comal County, Texas, and | ||
20.035 acres of land being out of and a part of a 26.6 acre tract as | ||
conveyed by WARRANTY DEED WITH VENDOR'S LIEN from EGON KOHLENBERG | ||
ET UX to LAWRENCE KOHLENBERG, and filed for record on October 18, | ||
1949, and recorded in Volume 92, Pages 43-44 of the Deed Records of | ||
Comal County, Texas, and also being out of and a part of a 103.75 | ||
acre tract as conveyed by WARRANTY DEED WITH VENDOR'S LIEN from J.M. | ||
SMITH to EGON KOHLENBERG ET UX, filed for record June 21, 1943, and | ||
Recorded in Volume 77, Pages 442-443 of the Deed Records of Comal | ||
County, Texas, and 74.803 acres of land being out of and a part of a | ||
74.44 acre tract as conveyed by DEED OF GIFT from DORACILLE | ||
KOHLENBERG, a widow, to KAREN WESCH and FAYE COOLEY, and filed for | ||
record on March 4, 1993, and recorded in Volume 873, Pages 228-229 | ||
of the Official Public Records of Comal County, Texas, and being out | ||
of and a part of a 103.75 acre tract as described in a WARRANTY DEED | ||
with VENDOR'S LIEN, filed for record June 21, 1943, and recorded in | ||
Volume 77, Pages 442-443 of the Deed Records of Comal County, Texas, | ||
and 1.002 acres of land being out of and a part of a 74.44 acre tract | ||
as conveyed by DEED OF GIFT from DORACHILLE KOHLENBERG, a widow, to | ||
KAREN WESCH and FAYE COOLEY and filed for record on March 4, 1993, | ||
and recorded in Volume 873, Pages 228-229 of the Official Public | ||
Records of Comal County, Texas, and being out of and a part of a | ||
103.75 acre tract as described in a WARRANTY DEED with VENDOR'S | ||
LIEN, filed for record June 21, 1943, and recorded in Volume 77, | ||
Pages 442-443 of the Deed Records of Comal County, Texas, and being | ||
the same parcel designated as TRACT NO. 2 (1.003 acres) by DEED OF | ||
GIFT from FAYE COOLEY to KAREN HESTAND, executed on March 14, 1996, | ||
and recorded in Document No. 9606005988 of the Official Public | ||
Records of Comal County, Texas, said 1252.958 acres of land being | ||
more particularly described as follows: | ||
BEGINNING: at a set 1/2" iron pin with plastic cap in the Southeast | ||
Right of Way Line of I.H.35 and being the Northernmost corner of | ||
this parcel and said 1015.701 acre tract and the Westernmost corner | ||
of a 69.569 acre tract as recorded in Document No. 9506481804 of the | ||
Official Public Records of Comal County, Texas; and | ||
THENCE: (1) SOUTH 45 deg. 00' 03" East, (all bearings in this | ||
description are based on Grid North of the Texas Coordinate System, | ||
NAD 83 (93) Zone 4204), a distance of 2148.79 feet along the | ||
Northwest line of this parcel and said 1015.701 acre tract and the | ||
Southwest line of said 69.569 acre tract to a found 2" iron pipe | ||
being the Southernmost corner of said 69.569 acre tract; | ||
THENCE: the following courses along the Northeast line of this | ||
parcel and said 1015.701 acre tract and the Southwest line of an | ||
18.092 acre tract as recorded in Volume 972, Page 676 of the | ||
Official Public Records of Comal County, Texas, and the CUATRO | ||
AMIGOS SUBDIVISION as recorded in Volume 11, Page 100 of the Map and | ||
Plat Records of Comal County, Texas, and an 18.062 acre tract as | ||
recorded in Document No. 9906009211 of the Official Public Records | ||
of Comal County, Texas, and a 35.370 acre tract as recorded in | ||
Volume 85, Pages 564-565 of the Deed Records of Comal County, Texas, | ||
and a 27.00 acre tract as recorded in Volume 433, Page 473 of the | ||
Deed Records of Comal County, Texas, and a 27.00 acre tract as | ||
recorded in Volume 433, Page 475 of the Deed Records of Comal County | ||
Texas, and a 27.00 acre tract as recorded in Volume 433, Page 471 of | ||
the Deed Records of Comal County, Texas, and a 15.00 acre tract as | ||
recorded in Volume 862, Page 417 of the Official Public Records of | ||
Comal County, Texas: | ||
(2) SOUTH 44 deg. 45' 25" East, a distance of 1675.16 feet to | ||
a found 60d nail being an angle point; | ||
(3) SOUTH 44 deg. 16' 57" East, a distance of 243.82 feet to | ||
a found 60d nail being an angle point; | ||
(4) SOUTH 46 deg. 04' 58" East, a distance of 1040.03 feet to | ||
a found 60d nail being an angle point; and | ||
(5) SOUTH 45 deg. 39' 04" East, a distance of 2159.39 feet to | ||
a found 1/2" iron pin being the Northernmost corner of a 125.571 | ||
acre tract as recorded in Volume 744, Page 126 of the Official | ||
Public Records of Comal County, Texas; | ||
THENCE: the following courses along the Southeast line of this | ||
parcel and said 1015.701 acre tract and the Northwest line of said | ||
125.571 acre tract: | ||
(6) SOUTH 47 deg. 05' 12" West, a distance of 1402.22 feet to | ||
a found 1/2" iron pin being an angle point; | ||
(7) SOUTH 41 deg. 11' 48" East, a distance of 52.89 feet to a | ||
set 1/2" iron pin with plastic cap being an angle point; and | ||
(8) SOUTH 29 deg. 55' 10" West, a distance of 3.91 feet to a | ||
set 1/2" iron pin with plastic cap, being an interior corner of this | ||
parcel and said 1015.701 acre tract and the Westernmost corner of | ||
said 125.571 acre tract; | ||
THENCE: (9) SOUTH 44 deg. 18' 16" East, a distance of 759.93 feet | ||
along the Northeast line of this parcel and said 1015.701 acre tract | ||
and the Southwest line of said 125.571 acre tract to a set 1/2" iron | ||
pin with plastic cap being an angle point; and | ||
(10) SOUTH 44 deg. 50' 59" East, a distance of 2402.27 feet | ||
along the Northeast line of this parcel and said 1015.701 acre tract | ||
and the Southwest line of said 125.571 acre tract to a found 1/2" | ||
iron pin being the Northernmost corner of a 2.301 acre tract as | ||
recorded in Volume 341, Page 63 of the Deed Records of Comal County, | ||
Texas; | ||
THENCE: the following courses along the Southeast line of this | ||
parcel and said 1015.701 acre tract and the Northwest line of said | ||
2.301 acre tract and a 2.00 acre tract as recorded in Volume 62, | ||
Page 862 of the Deed Records of Comal County, Texas: | ||
(11) SOUTH 44 deg. 34' 13" West, a distance of 633.91 feet to | ||
a found 1/2" iron pin being an angle point; and | ||
(12) SOUTH 02 deg. 51' 44" East, a distance of 89.86 feet to | ||
a set 1/2" iron pin with plastic cap being the Southeast corner of | ||
this parcel and said 1015.701 acre tract and the Southwest corner of | ||
said 2.00 acre tract and being in the North Right of Way Line of F.M. | ||
1101, and being a point of curvature; | ||
THENCE: the following courses along the South line of this parcel | ||
and said 1015.701 acre tract and the North Right of Way Line of F.M. | ||
1101: | ||
(13) 493.60 feet along the arc of a curve to the right, | ||
having a radius of 3769.80 feet, and a central angle of 07 deg. 30' | ||
07", and whose chord bears South 84 deg. 31' 13" West, a distance of | ||
493.25 feet to a found concrete highway monument (Type I); | ||
(14) SOUTH 88 deg. 19' 44" West, a distance of 800.02 feet to | ||
a found concrete highway monument (Type I) being an angle point; | ||
(15) SOUTH 88 deg. 19' 51" West, a distance of 1598.80 feet | ||
to a found concrete highway monument (Type I) being an angle point; | ||
(16) NORTH 86 deg. 11' 44" West, a distance of 295.61 feet to | ||
a found concrete monument (Type I) being an angle point; | ||
(17) SOUTH 88 deg. 44' 07" West, a distance of 169.63 feet to | ||
a found concrete highway monument (Type I) being an angle point; and | ||
(18) SOUTH 79 deg. 04' 08" West, a distance of 298.47 feet to | ||
a found steel fence post being the Southwest corner of said 1015.701 | ||
acre tract and the Easternmost corner of an 119.882 acre tract as | ||
recorded in Volume 1015, Page 444 of the Official Public Records of | ||
Comal County, Texas; | ||
THENCE: the following courses along the Southwest line of this | ||
parcel and said 1015.701 acre tract and the Northeast line of said | ||
119.882 acre tract: | ||
(19) NORTH 45 deg. 28' 52" West, a distance of 1565.19 feet | ||
to a found 1/4" iron pin being an interior corner of this parcel and | ||
said 1015.701 acre tract; | ||
(20) SOUTH 57 deg. 43' 21" West, a distance of 155.81 feet to | ||
a found fence post being an angle point; | ||
(21) SOUTH 57 deg. 21' 38" West, a distance of 836.82 feet to | ||
a found 3/8" iron pin being an exterior corner of this parcel and | ||
said 1015.701 acre tract; | ||
(22) NORTH 44 deg. 02' 14" West, a distance of 507.09 feet to | ||
a found fence post being an angle point; and | ||
(23) NORTH 45 deg. 03' 47" West, a distance of 469.71 feet to | ||
a found 3/8" iron pin being the Easternmost corner of a 57.133 acre | ||
tract as recorded in Volume 351, Pages 931-939 of the Deed Records | ||
of Comal County, Texas; and | ||
THENCE: (24) SOUTH 56 deg. 54' 03" West, a distance of 1110.45 | ||
feet along the Southeast line of this parcel and said 57.133 acre | ||
tract and said 28.500 acre tract and the Northeast line of said | ||
119.882 acre tract to a found 1/2" iron pin being the Southernmost | ||
corner of said 28.500 acre tract and the Easternmost corner of a | ||
28.632 acre tract as recorded in Volume 874, Pages 72-76 of the Deed | ||
Records of Comal County, Texas; | ||
THENCE: (25) SOUTH 56 deg. 54' 03" West, a distance of 439.45 feet | ||
along the Southeast line of this parcel and said 28.632 acre tract | ||
and the Northwest line of said 119.882 acre tract to a found 1/2" | ||
iron pin being the Southernmost corner of said 28.632 acre tract and | ||
the Easternmost corner of a 27.611 acre tract as recorded in Volume | ||
451, Pages 695-697 of the Deed Records of Comal County, Texas; | ||
THENCE: (26) SOUTH 56 deg. 53' 33" West, a distance of 320.67 feet | ||
along the Southeast line of this parcel and said 27.611 acre tract | ||
and the Northwest line of said 119.882 acre tract to a found 3/8" | ||
iron pin in the Northeast line of a 74.44 acre tract as recorded in | ||
Volume 873, Pages 228-229 of the Official Public Records of Comal | ||
County, Texas, and being the Southernmost corner of this parcel and | ||
said 27.611 acre tract; | ||
THENCE: (27) SOUTH 44 deg. 49' 00" East, a distance of 291.65 feet | ||
along the Northeast line of this parcel and said 74.44 acre tract | ||
and the Southwest line of said 119.882 acre tract to a wood corner | ||
post being the Easternmost corner of said 74.44 acre tract; | ||
THENCE: (28) SOUTH 45 deg. 08' 03" West, a distance of 1414.62 | ||
feet along the Southeast line of this parcel and said 74.44 acre | ||
tract and the Northwest line of a 49.18 acre tract as recorded in | ||
Document No. 200006018425 of the Official Public Records of Comal | ||
County, Texas, and a 3.00 acre tract as recorded in Volume 512, Page | ||
254 of the Deed Records of Comal County, Texas, to a set 1/2" iron | ||
pin with plastic cap in the Northeast Right of Way Line of | ||
Kohlenberg Road, and being the Southernmost corner of said 74.44 | ||
acre tract and the Westernmost corner of said 3.000 acre tract; | ||
THENCE: (29) NORTH 44 deg. 37' 29" West, a distance of 1423.84 | ||
feet along the Southwest line of this parcel and said 74.44 acre | ||
tract and said 103.75 acre tract and the Northeast Right of Way Line | ||
of Kohlenberg Road to a set 1/2" iron pin with plastic cap being the | ||
Southernmost corner of a 1.736 acre tract and designated as TRACT | ||
NO. 1, and recorded in Document No. 9606005988 of the Official | ||
Public Records of Comal County, Texas; | ||
THENCE: (30) NORTH 33 deg. 57' 40" East, a distance of 411.84 feet | ||
along the Northwest line of this parcel and the Southeast line of | ||
said 1.736 acre tract to a found 3/8" iron pin being the Easternmost | ||
corner of this parcel; | ||
THENCE: (31) NORTH 68 deg. 19' 31" West, a distance of 242.07 feet | ||
along the Southwest line of this parcel and the Northeast line of | ||
said 1.736 acre tract to a found 1/2" iron pin being the | ||
Northernmost corner of said 1.736 acre tract; and | ||
THENCE: (32) SOUTH 22 deg. 37' 45" West, a distance of 332.23 feet | ||
along the Southeast line of this parcel and the Northwest line of | ||
said 1.736 acre tract to a found 1/2" iron pin in the Northeast | ||
Right of Way Line of Kohlenberg Road, and being the Westernmost | ||
corner of said 1.736 acre tract; | ||
THENCE: the following courses along the Southwest line of this | ||
parcel and said 74.44 acre tract and the Northeast Right of Way Line | ||
of said Kohlenberg Road, and the cutback Right of Way Line to | ||
I.H.35: | ||
(33) NORTH 44 deg. 37' 29" West, a distance of 399.53 feet to | ||
a found concrete highway monument (Type I) and being an angle point; | ||
(34) NORTH 34 deg. 38' 01" West, a distance of 102.61 feet to | ||
a found concrete highway monument (Type I) being an angle point; | ||
(35) NORTH 44 deg. 39' 10" West, a distance of 149.81 feet to | ||
a found concrete highway monument (Type I) being an angle point; | ||
(36) NORTH 32 deg. 12' 31" West, a distance of 174.23 feet to | ||
said 74.44 acre tract and the Southernmost corner of a 19.31 acre | ||
tract as recorded in Volume 92, Pages 43-44 of the Deed Records of | ||
Comal County, Texas; | ||
(37) NORTH 32 deg. 12' 31" West, a distance of 48.81 feet to | ||
a found concrete highway monument (Type I) being an angle point; | ||
(38) NORTH 17 deg. 45' 14" West, a distance of 210.69 feet to | ||
a found concrete highway monument (Type I) being an angle point; | ||
(39) NORTH 06 deg. 34' 20" West, a distance of 302.39 feet to | ||
a found concrete highway monument (Type I) being an angle point; and | ||
(40) NORTH 58 deg. 18' 56" West, a distance of 173.56 feet to | ||
a found concrete highway monument (Type I) at the intersection of | ||
the Southeast Right of Way Line of I.H. 35 with the Northeast | ||
cutback line of Kohlenberg Road and being the Westernmost corner of | ||
this parcel and said 19.31 acre tract; | ||
THENCE: (41) NORTH 31 deg. 26' 12" East, a distance of 1091.64 | ||
feet along the Northwest line of this parcel and the Southeast Right | ||
of Way Line of said I.H.35 to a set 1/2" iron pin with plastic cap | ||
being the Northernmost corner of this parcel and the Westernmost | ||
corner of a 3.560 acre tract as recorded in Document No. | ||
200406003961 of the Official Public Records of Comal County, Texas; | ||
THENCE: (42) SOUTH 45 deg. 19' 36" East, a distance of 610.43 feet | ||
along the Northeast line of this parcel and said 19.31 acre tract | ||
and said 103.75 acre tract and the Southwest line of said 3.560 acre | ||
tract to a found 1/2" iron pin being the Southernmost corner of said | ||
3.560 acre tract; | ||
THENCE: (43) NORTH 38 deg. 14' 02" East, a distance of 296.28 feet | ||
along the Northwest line of this parcel and said 27.611 acre tract | ||
and the Southeast line of said 3.560 acre tract to a found 1/2" iron | ||
pin being the Easternmost corner of said 3.560 acre tract; | ||
THENCE: (44) NORTH 53 deg. 45' 08" West, a distance of 631.50 feet | ||
along the Southwest line of this parcel and said 27.611 acre tract | ||
and the Northeast line of said 3.560 acre tract to a found 1/2" iron | ||
pin in the Southeast Right of Way Line of said I.H. 35, and being the | ||
Northernmost corner of said 3.560 acre tract; | ||
THENCE: (45) NORTH 31 deg. 26' 12" East, a distance of 245.64 feet | ||
along the Northwest line of this parcel and said 27.611 acre tract | ||
and the Southeast Right of Way Line of said I.H. 35 to a found 1/2" | ||
iron pin being the Westernmost corner of the remainder of a 2.35 | ||
acre tract as recorded in Volume 293, Pages 371-373 of the Deed | ||
Records of Comal County, Texas; | ||
THENCE: (46) SOUTH 41 deg. 20' 52" East, a distance of 507.94 feet | ||
along the Northeast line of this parcel and said 27.611 acre tract | ||
and the Southwest line of said 2.35 acre tract to a found 1/2" iron | ||
pin being the Southernmost corner of said 2.35 acre tract; | ||
THENCE: (47) NORTH 53 deg. 30' 10" East, a distance of 151.22 feet | ||
along the Northwest line of this parcel and said 27.611 acre tract | ||
and the Southeast line of said 2.35 acre tract to a found 1/2" iron | ||
pin being the Easternmost corner of said 2.35 acre tract and the | ||
Southwest line of said 28.632 acre tract; | ||
THENCE: (48) NORTH 41 deg. 10' 27" West, a distance of 567.95 feet | ||
along the Southwest line of this parcel and said 28.632 acre tract | ||
and the Northeast line of said 2.35 acre tract to a found 1/2" iron | ||
pin in the Southeast Right of Way Line of I.H.35; | ||
THENCE: (49) NORTH 31 deg. 26' 12" East, a distance of 249.72 feet | ||
along the Northwest line of this parcel and said 28.632 acre tract | ||
and the Southeast Right of Way Line of I.H.35 to a set 1/2" iron pin | ||
with plastic cap being a point of curvature; | ||
THENCE: (50) 152.44 feet along the arc of a curve to the right, | ||
having a radius of 22784.31 feet, and a central angle of 00 deg. 23' | ||
00", and whose chord bears North 31 deg. 37' 42" East, a distance of | ||
152.44 feet to a found concrete highway monument being a point of | ||
tangency; | ||
THENCE: (51) NORTH 31 deg. 50' 19" East, a distance of 263.09 feet | ||
along the Northwest line of this parcel and said 28.500 acre tract | ||
and the Southeast Right of Way Line of I.H.35 to a found 1/2" iron | ||
pin being the Northernmost corner of said 28.500 acre tract and the | ||
Westernmost corner of said 57.133 acre tract; | ||
THENCE: (52) NORTH 31 deg. 50' 19" East, a distance of 663.99 feet | ||
along the Northwest line of this parcel and said 57.133 acre tract | ||
and the Southeast Right of Way Line of I.H.35 to a found 1/2" iron | ||
pin being the Northernmost corner of said 57.133 acre tract and the | ||
Westernmost corner of said 1015.707 acre tract; | ||
THENCE: the following courses along the Northwest line of this | ||
parcel and said 1015.707 acre tract and the Southeast Right of Way | ||
Line of I.H.35: | ||
(53) NORTH 31 deg. 50' 19" East, a distance of 1855.01 feet | ||
to a found concrete highway monument (Type I) being an angle point; | ||
(54) NORTH 35 deg. 26' 30" East, a distance of 301.34 feet to | ||
a found concrete highway monument (Type I) being an angle point; | ||
THENCE: (55) NORTH 32 deg. 05' 44" East, a distance of 72.07 feet | ||
to a found concrete highway monument (Type I) being a point of | ||
curvature; | ||
THENCE: (56) 543.39 feet along the arc of a curve to the left, | ||
having a radius of 23072.30 feet, and a central angle of 01 deg. 20' | ||
58", and whose chord bears North 31 deg. 12' 58" East, a distance of | ||
543.37 feet to a found concrete highway monument (Type I) being a | ||
point of tangency; | ||
THENCE: (57) NORTH 30 deg. 26' 03" East, a distance of 789.05 feet | ||
to a found concrete highway monument (Type I) being an angle point; | ||
THENCE: (58) NORTH 26 deg. 48' 12" East, a distance of 299.65 feet | ||
to a found concrete highway monument (Type I) being an angle point; | ||
and | ||
THENCE: (59) NORTH 30 deg. 29' 02" East, a distance of 2033.01 | ||
feet to a set 1/2" iron pin with plastic cap being the POINT OF | ||
BEGINNING, containing 1252.958 acres of land. | ||
TRACT TWO | ||
PART 1: | ||
635.060 acres (27,663,214 sq. ft.) of land out of the NANCY KENNER | ||
LEAGUE survey No. 3, Abstract No. 306, Comal County, Texas and being | ||
designated as a 236.949 acre tract (McDONOUGH) tract as conveyed by | ||
SPECIAL WARRANTY DEED from NATIONSBANK OF TEXAS, N.A. TRUSTEE to | ||
JAMES P. McDONOUGH, JR., dated December 31, 1996 and recorded in | ||
Document No. 9706001893 of the Official Public Records of Comal | ||
County, Texas and also being comprised of TRACT I (63.024 acre | ||
tract) and TRACT III (164.150 acre tract) as conveyed by a SPECIAL | ||
WARRANTY DEED from Bank of America, N.A., as Successor Trustee to | ||
Nations / Bank of Texas, N.A., Trustee of the Bill and Darolyn Worth | ||
Living Trust under Agreement dated January 9, 1987 and as Trustee | ||
under Agreement of the Irvin Management Trust and Larry Irvin to | ||
James P. McDonough, Jr., dated April 14, 2006 and recorded in | ||
Document No. 200606016820 of the Official Public Records of Comal | ||
County, Texas, and also being all of a 170.902 acre tract described | ||
in a SUBSTITUTE TRUSTEE'S DEED from CECIL W. TALLEY, Trustee to | ||
CECIL EARL HILLBURN, dated August 6, 1991 and recorded in Volume | ||
777, Pages 581-586 of the Official Public Records of Comal County, | ||
Texas said 635.060 acres (27,663,214 sq. ft.) of land being more | ||
particularly described as follows: | ||
BEGINNING: at a set 1/2" iron pin with plastic cap "stamped 4233" in | ||
the Northwest Right of Way Line of I.H. 35 and being Easternmost | ||
corner of a 9.785 acre tract conveyed by Archie Ladshaw, et al to | ||
John Ladshaw by Deed dated March 28, 1984 and recorded in Volume | ||
378, Pages 799-801 of the Official Public Records of Comal County, | ||
Texas, and the Southernmost corner of this parcel and said 236.949 | ||
acre tract (Grid N = 13,826,036.7772, Grid E = 2,270,776.7688, | ||
Scale factor of 1.00014 for surface adjustment); | ||
THENCE: (1) NORTH 46 deg 00'07" West, (all bearings in this | ||
descriptions are referenced to Grid North of the Texas Coordinate | ||
System, Zone 4204, NAD 83 (93)), a distance of 3310.77 feet along | ||
the Southwest line of this parcel and the Northeast line of said | ||
9.785 acre tract to a found 1/2" iron pin being the Northernmost | ||
corner of said 9.785 acre tract and an interior corner of this | ||
parcel; | ||
THENCE: the following courses along the Southeast line of this | ||
parcel and said 236.949 acre tract and the Northwest line of said | ||
9.785 acre tract and a 240.485 acre tract conveyed by Elizabeth | ||
Wagner, a widow to Archie Ladshaw, et al by Deed dated January 14, | ||
1967 and recorded in Volume 153, Pages 331-333 of the Deed Records | ||
of Comal County, Texas and the Northwest line of a 44.290 acre tract | ||
conveyed by HARVEY PAPE and wife, LEORA PAPE to PAPE'S FAMILY FARM, | ||
LTD, a Texas Limited Partnership, dated February 27, 2004 and | ||
recorded in Document No. 200406007834 of the Official Public | ||
Records of Comal County, Texas: | ||
(2) SOUTH 44 deg 34'57" West, a distance of 1355.26 feet to a | ||
found 1/2" iron pin being an angle point; | ||
(3) SOUTH 45 deg 11'30" East, a distance of 43.65 feet to a | ||
found 1/2" iron pin being an angle point; and | ||
(4) SOUTH 44 deg 30'57" West, a distance of 1742.25 feet to a | ||
found 1/2" iron pin being the Easternmost corner of a 70.688 acre | ||
tract conveyed by ALAN ROMPLE also known as ALAN E. ROMPEL, SR. and | ||
wife LINDA ROMPEL to CONRADS ROAD, LTD, dated January 9, 2004, and | ||
recorded in Document No. 200406000885 of the Official Public | ||
Records of Comal County, Texas; | ||
THENCE: (5) NORTH 45 deg 23'39" West, a distance of 3537.43 feet | ||
along the Southwest line of this parcel and said 236.949 acre tract | ||
and the Northeast line of said 70.688 acre tract to a set 1/2" iron | ||
pin with plastic cap "stamped 4233" in the Southeast Right of Way of | ||
the Union Pacific Railroad (formerly known as the INTERNATIONAL & | ||
GT NORTHERN RY. CO.) and being the Westernmost corner of this parcel | ||
and said 236.949 acre tract and the Northernmost corner of said | ||
70.688 acre tract; and being a point of curvature; | ||
THENCE: the following courses along the Northwest line of this | ||
parcel and the Southeast Right of Way line of the Union Pacific | ||
Railroad: | ||
(6) 1319.73 feet along the arc of a curve to the right, | ||
having a radius of 5679.65 feet, and a central angle of 13 deg | ||
18'48", and whose chord bears North 56 deg 11'48" East, a distance | ||
of 1316.76 feet to a set 1/2" iron pin with plastic cap "stamped | ||
4233" being a point of tangency; | ||
(7) NORTH 62 deg 51'12" East, a distance of 1677.18 feet to a | ||
set 1/2" iron pin with plastic cap "stamped 4233" being a point of | ||
curvature; and | ||
(8) 1022.68 feet along the arc of a curve to the left, having | ||
a radius of 2914.93 feet and a central angle of 20 deg 06'06", and | ||
whose chord bears North 52 deg 48'09" East, a distance of 1017.43 | ||
feet to a set 1/2" iron pin with plastic cap "stamped 4233" being a | ||
point of tangency; and | ||
(9) NORTH 42 deg. 45' 06" East, a distance of 385.90 feet to | ||
a set 1/2" iron pin with plastic cap "stamped 4233" being the | ||
Northernmost corner of this parcel and said 63.024 acre tract and | ||
the Westernmost corner of a 200.240 acre tract as conveyed by | ||
SPECIAL WARRANTY DEED WITH VENDOR'S LIEN from MARTIN MARIETTA | ||
MATERIALS SOUTHWEST, LTD. to BLUEGREEN SOUTHWEST ONE, L.P., A | ||
Delaware Limited Partnership, executed July 19, 2005 and recorded | ||
in Document No. 200506026533 of the Official Public Records of | ||
Comal County, Texas; | ||
THENCE: (10) SOUTH 45 deg. 58' 46" East, a distance of 2471.01 | ||
feet along the Northeast line of this parcel and said 63.024 acre | ||
tract and the Southwest line of said 200.240 acre tract to a found | ||
1/2" iron pin being an interior corner of this parcel and the | ||
Westernmost corner of said 170.902 acre tract and the Southernmost | ||
of said 200.240 acre tract; | ||
THENCE: the following courses along the Northwest line of this | ||
parcel and said 170.902 acre tract and the Southeast line of said | ||
200.240 acre tract and a 7.46 acre tract conveyed by MCDONOUGH | ||
BROTHER'S, INCORPORATED to CITY OF NEW BRAUNFELS (UTILITIES) | ||
executed June 8, 1979 and recorded in Volume 283, Pages 775-776 of | ||
the Deed Records of Comal County, Texas; | ||
(11) NORTH 43 deg 09'01" East, a distance of 2596.32 feet to | ||
a wood fence post being an angle point; and | ||
(12) NORTH 42 deg 57'44" East, a distance of 1556.85 feet to | ||
a found 1/2" iron pin with plastic cap stamped "OVERBY-DESCAMPS" | ||
being the Northernmost corner said 170.902 acre tract and an | ||
interior corner of said 200.240 acre tract; | ||
THENCE: the following courses along the Northeast line of this | ||
parcel and said 170.902 acre tract and the Southwest line of said | ||
200.240 acre tract: | ||
(13) SOUTH 46 deg 50'12" East, a distance of 702.27 feet to a | ||
set 1/2" iron pin with plastic cap "stamped 4233" being an angle | ||
point; | ||
(14) SOUTH 46 deg 29'50" East, a distance of 817.93 feet to a | ||
wood fence post being an angle point; and | ||
(15) SOUTH 47 deg 00'31" East, a distance of 722.97 feet to a | ||
set 1/2" iron pin with plastic cap "stamped 4233" in the Northwest | ||
Right of Way Line of I.H. 35 and being the Easternmost corner of | ||
this parcel and said 170.902 acre tract and a re-entrant corner of | ||
said 200.240 acre tract; | ||
THENCE: (16) SOUTH 32 deg 08'27" West, a distance of 1684.15 feet | ||
along the Southeast line of this parcel and said 170.902 acre tract | ||
and the Northwest Right of Way Line of I.H. 35 to a set 1/2" iron pin | ||
with plastic cap "stamped 4233" being a re-entrant corner to said | ||
170.902 acre tract and the Easternmost corner of a 164.150 acre | ||
tract (designated TRACT III) conveyed by SPECIAL WARRANTY DEED to | ||
James P. McDonough, Jr., dated April 14, 2006 and recorded in | ||
Document No. 200606016820 of the Official Public Records of Comal | ||
County, Texas; | ||
THENCE: the following courses along the Southeast line of this | ||
parcel and said 164.150 acre tract and the Northwest Right of Way | ||
Line of I.H. 35: | ||
(17) SOUTH 32 deg. 08' 27" West, a distance of 704.69 feet to | ||
a found Type I TxDOT concrete monument being a point of curvature; | ||
(18) 338.16 feet along the arc of a curve to the left, having | ||
a radius of 11,625.15 feet, and a central angle of 01 deg. 40' 00", | ||
and whose chord bears South 31 deg. 15' 06" West, a distance of | ||
338.15 feet to a found Type I TxDOT concrete monument being a point | ||
of tangency; | ||
(19) SOUTH 30 deg. 29' 02" West, a distance of 1147.92 feet | ||
to a set 1/2" iron pin with plastic cap "stamped 4233" being an | ||
angle point; | ||
(20) SOUTH 34 deg. 18' 02" West, a distance of 300.46 feet to | ||
a set 1/2" iron pin with plastic cap "stamped 4233" being an angle | ||
point; | ||
(21) SOUTH 30 deg. 29' 02" West, a distance of 1000.00 feet | ||
to a found Type I TxDOT concrete monument being an angle point; and | ||
(22) SOUTH 26 deg. 39' 57" West, a distance of 266.94 feet to | ||
a set 1/2" iron pin with plastic cap "stamped 4233" being the | ||
Southernmost corner of said 164.150 acre tract and the Easternmost | ||
corner of a 236.949 acre tract as conveyed by SPECIAL WARRANTY DEED | ||
from NATIONSBANK OF TEXAS, N.A., TRUSTEE to JAMES P. McDONOUGH JR., | ||
dated December 31, 1996, and recorded in Document No. 9706001893 of | ||
the Official Public Records of Comal County, Texas; | ||
THENCE: the following courses along the Southeast line of this | ||
parcel and said 236.949 acre tract and the Northwest Right of Way | ||
Line of said I.H. 35: | ||
(23) SOUTH 26 deg 39'57" East, a distance of 33.42 feet to a | ||
set 1/2" iron pin with plastic cap "stamped 4233" being an angle | ||
point; and | ||
(24) SOUTH 30 deg 29'02" East, a distance of 49.00 feet to a | ||
set 1/2" iron pin with plastic cap "STAMPED 4233" being the POINT OF | ||
BEGINNING, containing 635.060 acres (27,663,214 sq. ft.) of land. | ||
PART 2: | ||
96.074 acres (4,184,983 sq. ft.) of land out of the NANCY KENNER | ||
LEAGUE SURVEY NO. 3, Abstract No. 306, Comal County, Texas, and | ||
comprising of TRACT II (0.529 of an acre tract), TRACT IV (53.350 | ||
acre tract) and TRACT V (14.423 acre tract) as conveyed by said | ||
SPECIAL WARRANTY DEED dated April 14, 2006, and recorded in | ||
Document No. 200606016820 of the Official Public Records of Comal | ||
County, Texas, and also being all of a 27.593 acre tract as conveyed | ||
NATIONSBANK OF TEXAS, N.A., TRUSTEE to JAMES P. McDONOUGH, JR., | ||
dated December 31, 1996 and recorded in Document No. 9706001893 of | ||
the Official Public Records of Comal County, Texas, said 96.074 | ||
acres (4,184,983 sq. ft.) of land being more particularly described | ||
as follows: | ||
BEGINNING: at a found 1" diameter iron pipe in the Southeast Right | ||
of Way Line of F.M. Road 1102 and being the Northernmost corner of | ||
this parcel and said 14.423 acre tract and being the Westernmost | ||
corner of an 88.193 acre tract (designated as TRACT 3) conveyed by | ||
SPECIAL WARRANTY DEED WITH VENDOR'S LIEN, to BLUEGREEN SOUTHWEST | ||
ONE, L.P., a Delaware Partnership, executed on July, 19, 2005 and | ||
recorded in Document No. 200506026533 of the Official Public | ||
Records of Comal County, Texas (Grid N = 13,832,027.6173, Grid E = | ||
2,266,296.3350, Scale factor of 1.00014 for surface adjustment); | ||
THENCE: (1) SOUTH 46 deg. 01' 39" East, a distance of 1319.31 feet | ||
along the Northeast line of this parcel and said 14.423 acre tract | ||
and the Southwest line of said 88.193 acre tract to a found 1/2" | ||
iron pin in the Northwest Right of Way Line of the Union Pacific | ||
Railroad (formerly known as the Missouri Kansas and Texas Railroad) | ||
and being the Easternmost corner of this parcel and said 14.423 acre | ||
tract and the Southernmost corner of said 88.193 acre tract; | ||
THENCE: the following courses along the Southeast line of this | ||
parcel and said TRACT V, TRACT II and TRACT IV and the Northwest | ||
Right of Way Line of said Union Pacific Railroad: | ||
(2) SOUTH 42 deg. 45' 06" West, a distance of 365.33 feet to | ||
a set 1/2" iron pin with plastic cap "stamped 4233" being a point of | ||
curvature; | ||
(3) 986.76 feet along the arc of a curve to the right, having | ||
a radius of 2814.90 feet, and a central angle of 20 deg. 05' 06", and | ||
whose chord bears South 52 deg. 47' 39" West, a distance of 981.71 | ||
feet to a set 1/2" iron pin with plastic cap "stamped 4233" being a | ||
point of tangency; | ||
(4) SOUTH 62 deg. 50' 12" West, a distance of 832.41 feet to | ||
a set 1/2" iron pin with plastic cap "stamped 4233" being an angle | ||
point; | ||
(5) NORTH 45 deg. 03' 04" West, a distance of 52.54 feet to a | ||
found 1/2" iron pin being an angle point, and | ||
(6) SOUTH 62 deg. 50' 12" West, a distance of 799.35 feet to | ||
a set 1/2" iron pin with plastic cap "stamped 4233" being the | ||
Southernmost corner said 53.350 acre tract and the Easternmost | ||
corner of a 27.593 acre tract as conveyed by SPECIAL WARRANTY DEED | ||
from NATIONSBANK OF TEXAS, N.A., TRUSTEE to JAMES P. McDONOUGH, | ||
JR., dated December 31, 1996 and recorded in Document No. | ||
9706001893 of the Official Public Records of Comal County, Texas; | ||
THENCE: the following courses along the Southeast line of this | ||
parcel and said 27.593 acre tract and the Northwest Right of Way of | ||
said Union Pacific Railroad: | ||
(7) SOUTH 62 deg 50'12" West, a distance of 113.44 feet to a | ||
set 1/2" iron pin with plastic cap "stamped 4233" being a point of | ||
curvature | ||
(8) 293.35 feet along the arc of a curve to the left having a | ||
radius of 5829.65 feet and a central angle of 02 deg 52'59", and | ||
whose chord bears South 61 deg 23'42" West, a distance of 293.32 | ||
feet to a found 1/2" iron pin being an angle point; | ||
(9) SOUTH 30 deg 16'22" East, a distance of 50.00 feet to a | ||
set 1/2" iron pin with plastic cap "stamped 4233" being a point of | ||
curvature; | ||
(10) 417.76 feet along the arc of a curve to the left, having | ||
a radius of 5779.65 feet, and a central angle of 04 deg 08'29", and | ||
whose chord bears South 57 deg 53'05" West, a distance of 417.67 | ||
feet to a set 1/2" iron pin with plastic cap "stamped 4233" being an | ||
angle point | ||
(11) NORTH 44 deg 21'29" West, a distance of 30.48 feet to a | ||
found 1/2" iron pin being a point of curvature | ||
(12) 736.56 feet along the arc of a curve to the left, having | ||
a radius of 5809.65 feet, and a central angle of 07 deg 15'51", and | ||
whose chord bears South 52 deg 07'44" West, a distance of 736.07 | ||
feet to found 1/2" iron pin being an angle point; | ||
(13) SOUTH 43 deg 16'40" East, a distance of 30.01 feet to | ||
set 1/2" iron pin with plastic cap "stamped 4233" being a point of | ||
curvature; | ||
(14) 66.71 feet along the arc of a curve to the left, having | ||
a radius of 5779.65 feet, and a central angle of 00 deg 39'41", and | ||
whose chord bears South 48 deg 10'31" West, a distance of 66.71 feet | ||
to a set 1/2" iron pin with plastic cap "stamped 4233" being a point | ||
of tangency; and | ||
(15) SOUTH 47 deg 50'41" West, a distance of 437.51 feet to a | ||
found 1/2" iron pin being the Southernmost corner of the parcel and | ||
said 27.593 acre tract and the Easternmost corner of a 3 acre tract | ||
conveyed by SHERMAN W. WEST ET UX TO CLAUDIO MENDEZ ET UX executed | ||
on May 17, 1962, and recorded in Volume 128, Pages 374-376 of the | ||
Deed Records of Comal County, Texas. | ||
THENCE: (16) NORTH 45 deg 40'16" West, a distance of 654.40 feet | ||
along the Southwest line of this parcel and said 27.593 acre tract | ||
and the Northeast line of said 3 acre tract to a found 1/2" iron pin | ||
in the Southeast Right of Way Line of F.M. Road 1102 and being the | ||
Westernmost corner of this parcel and said 27.593 acre tract and the | ||
Northernmost corner of said 3 acre tract. | ||
THENCE: the following courses along the Northwest line of this | ||
parcel and said 27.593 acre tract and the Southeast Right of Way | ||
Line of said F.M. Road 1102: | ||
(17) NORTH 44 deg 22'56" East, a distance of 133.92 feet to a | ||
found 1/2" iron pin being a point of curvature; | ||
(18) 645.06 feet along the arc of a curve to the right, | ||
having a radius of 2824.90 feet, and a central angle of 13 deg | ||
05'00", and whose chord beard north 50 deg 57'36" East, a distance | ||
of 643.66 feet to a found 1/2" iron pin being a point of tangency; | ||
(19) NORTH 57 deg 26'58" East, a distance of 149.84 feet to a | ||
found 1/2" iron pin being an angle point; | ||
(20) NORTH 61 deg 11'34" East, a distance of 365.34 feet to a | ||
found 1/2" iron pin being an angle point; | ||
(21) NORTH 64 deg 42'33" East, a distance of 388.56 feet to a | ||
found 1/2" iron pin being a point of curvature; and | ||
(22) 470.90 feet along the arc of a curve to the left, having | ||
a radius of 1472.70 feet, and a central angle of 18 deg 19'14", and | ||
whose chord bears North 55 deg 55'39" East, a distance of 468.90 | ||
feet to a found 1/2" iron pin being the Northernmost corner of said | ||
27.593 acre tract and the Westernmost corner of said 53.350 acre | ||
tract (designated as TRACT IV) of said SPECIAL WARRANTY DEED; | ||
THENCE: the following courses along the Northwest line of this | ||
parcel and said 53.350 acre tract, said 0.529 of an acre tract, and | ||
said 14.423 acre tract and the Southeast Right of Way Line of said | ||
F.M. 1102: | ||
(23) NORTH 46 deg. 34' 14" East, a distance of 419.44 feet to | ||
a found 1/2" iron pin being a point of curvature; | ||
(24) 296.68 feet along the arc of a curve to the left, having | ||
a radius of 1950.10 feet, and a central angle of 08 deg. 43' 00", and | ||
whose chords bears North 42 deg. 13' 24" East, a distance of 296.39 | ||
feet to a found 1/2"iron pin being a point of tangency; | ||
(25) NORTH 37 deg. 52' 39" East, a distance of 625.38 feet to | ||
a found 1/2" iron pin being a point of curvature; | ||
(26) 392.79 feet along the arc of a curve to the right, | ||
having a radius of 5689.70 feet, and a central angle of 03 deg. 57' | ||
19", and whose chord bears North 39 deg. 59' 23" East, a distance of | ||
392.71 feet to a set 1/2" iron pin with plastic cap "stamped 4233' | ||
being a point of tangency; | ||
(27) NORTH 40 deg. 31' 03" East, a distance of 46.82 feet to | ||
a found 3/8" iron pin being an angle point; | ||
(28) NORTH 41 deg. 54' 40" East, a distance of 651.39 feet to | ||
a found 1/2" iron pin being an angle point; | ||
(29) NORTH 47 deg. 13' 29" East, a distance of 350.23 feet to | ||
a found 1/2" iron pin being an angle point; and | ||
(30) NORTH 52 deg. 37' 59" East, a distance of 47.66 feet to | ||
a found 1" diameter iron pipe being the POINT OF BEGINNING, and | ||
containing 96.074 acres (4,184,983 sq. ft.) 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 | ||
8489, Special District Local Laws Code, as added by Section 1 of | ||
this Act, is amended by adding Section 8489.111 to read as follows: | ||
Sec. 8489.111. 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, 2013. |