Bill Text: TX SB629 | 2011-2012 | 82nd Legislature | Comm Sub

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

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Bill Title: Relating to the Ranch at Clear Fork Creek Municipal Utility District No. 1; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Enrolled - Dead) 2011-06-17 - Effective immediately [SB629 Detail]

Download: Texas-2011-SB629-Comm_Sub.html

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By: Hegar, Wentworth S.B. No. 629
(Isaac)

A BILL TO BE ENTITLED
relating to the Ranch at Clear Fork Creek Municipal Utility
District No. 1; providing authority to impose a tax and issue bonds;
granting a limited power of eminent domain.
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 8343 to read as follows:
CHAPTER 8343. RANCH AT CLEAR FORK CREEK MUNICIPAL UTILITY DISTRICT
NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8343.001. 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 Ranch at Clear Fork Creek
Municipal Utility District No. 1.
Sec. 8343.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8343.003. 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. 8343.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 8343.003
until each municipality in whose corporate limits or
extraterritorial jurisdiction the territory added by Section
8343.005 is located has consented by ordinance or resolution to the
inclusion of land in the district.
Sec. 8343.005. TERRITORY ADDED. (a) The territory
described by Section 2 of the Act enacting this chapter is added to
the district's territory as of the effective date of this section.
(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.
[Sections 8343.006-8343.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8343.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8343.052, directors serve
staggered four-year terms.
Sec. 8343.052. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Julie Lane;
(2) Heidi Parker;
(3) Jerry Valdez;
(4) Craig Grona; and
(5) Bruce Aupperle.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8343.003; 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 8343.003 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 8343.003; 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.
[Sections 8343.053-8343.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8343.101. 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. 8343.102. 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,
including bridges, storm drainage, and other improvements or
appurtenances in aid of those roads.
Sec. 8343.103. 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 a municipality or county will maintain and operate
the road, the municipality or county must approve the plans and
specifications of the road project.
(d) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 8343.104. LIMITATION ON USE OF EMINENT DOMAIN. The
district may not exercise the power of eminent domain outside the
district to acquire a site or easement for:
(1) a road project authorized by Section 8343.102; or
(2) a recreational facility as defined by Section
49.462, Water Code.
[Sections 8343.105-8343.150 reserved for expansion]
SUBCHAPTER D. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS
Sec. 8343.151. DIVISION OF DISTRICT; PREREQUISITES. 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 or assessments.
Sec. 8343.152. LAW APPLICABLE TO NEW DISTRICT. This
chapter applies to any new district created by division of the
district, and a new district has all the powers and duties of the
district, including the power to divide in accordance with this
section.
Sec. 8343.153. LIMITATION ON AREA OF NEW DISTRICT. 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
combined area of:
(1) the territory of the district at the time the
district was initially created; and
(2) the area added by Section 8343.005.
Sec. 8343.154. DIVISION PROCEDURES. (a) 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 according to the most recent appraisal roll for each
county in which the district is located, may adopt an order dividing
the district.
(b) The board may adopt an order dividing the district
before or after the date the board holds an election under Section
8343.003 to confirm the district's creation.
(c) An order dividing the district:
(1) must:
(A) name each new district;
(B) include the metes and bounds description of
the territory of each new district;
(C) appoint temporary directors for each new
district; and
(D) provide for the division of assets and
liabilities between or among the new districts; and
(2) is subject to a confirmation election in each new
district.
(d) 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.
Sec. 8343.155. CONFIRMATION ELECTION FOR NEW DISTRICT.
(a) A new district created by the division of the district shall
hold a confirmation and directors' election as required by Section
8343.003.
(b) The results of that election must be filed as required
by Sections 49.102(e) and (f), Water Code.
(c) The division of the district is not effective unless the
voters of each proposed new district vote to confirm the creation of
their new district.
Sec. 8343.156. MUNICIPAL CONSENT. Municipal consent to the
creation of the district and to the inclusion of land in the
district granted under Section 8343.004 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.
Sec. 8343.157. TAX OR BOND ELECTION. Before a new district
created by the division of the district may impose a maintenance tax
or issue bonds payable wholly or partly from ad valorem taxes, the
new district must hold an election as required by Chapters 49 and
54, Water Code, and this chapter to obtain voter approval.
[Sections 8343.158-8343.200 reserved for expansion]
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
Sec. 8343.201. TAX TO REPAY BONDS. The district may impose
a tax to pay the principal of or interest on bonds issued under
Section 8343.251.
[Sections 8343.202-8343.250 reserved for expansion]
SUBCHAPTER F. BONDS AND OTHER OBLIGATIONS
Sec. 8343.251. BONDS FOR ROAD PROJECTS. (a) 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.
(b) 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 Ranch at Clear Fork Creek Municipal Utility
District No. 1 includes all the territory contained in the
following area in addition to the district's territory immediately
before the effective date of this Act:
203.47 ACRE TRACT
DESCRIBING A TRACT OF LAND CONTAINING 203.47 ACRES IN THE THOMAS
YATES SURVEY, ABSTRACT NO. 313, CALDWELL COUNTY, TEXAS, SAID TRACT
BEING ALL OF THE FOLLOWING TWO TRACT OF LAND:
1) THAT CERTAIN 151.60 ACRE TRACT OF LAND DESCRIBED IN A SPECIAL
WARRANTY DEED TO WALTON TEXAS, LP, EXECUTED ON OCTOBER 21, 2009 AND
RECORDED IN VOLUME 584 PAGE 282 OF THE OFFICIAL PUBLIC RECORDS OF
SAID COUNTY;
2) THAT CERTAIN 51.88 ACRE TRACT OF LAND DESCRIBED IN A SPECIAL
WARRANTY DEED TO WALTON TEXAS, LP, EXECUTED ON OCTOBER 21, 2009 AND
RECORDED IN VOLUME 584 PAGE 287 OF THE OFFICIAL PUBLIC RECORDS OF
SAID COUNTY;
SAID 203.47 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING at an iron rod found at a fence corner post at the
northeast corner of said 151.60 acre tract, same being the
northwest corner of that certain 1.38 acre tract described in a deed
to Elaine Miranda as recorded in Volume 320, Page 95 of the Deed
Records of said County said iron rod found being further described
as being in the south right-of-way line of State Highway 21 (100'
R.O.W. in this point);
THENCE, with the northern most east line of said 151.60 acre tract,
same being the west line of said 1.38 acre tract and the west line of
The Estates, a subdivision recorded in Cabinet A Slide 132 of the
Plat Records of said County, the following three courses:
1) S27°16'20"E, 793.34 feet to an iron rod found in a fence;
2) S27°27'33"E, 761.39 feet to an iron rod found in a fence;
3) S27°10'02"E, 522.10 feet to an iron rod found at a fence corner
post at an interior corner of said 151.60 acre tract, same being at
the southwest corner of Lot 15 of said The Estates;
THENCE, with the southern most north line of said 151.60 acre tract,
same being the south line of said The Estates and that certain
13.022 acre tract of land described in a deed to Jack B. Turner as
recorded in Volume 404 Page 279 of the Deed Records of said County,
N62°45'40"E, 1473.53 feet to an iron rod found at a fence post at a
northeast corner of said 151.60 acre tract, same being a southeast
corner of said 13.022 acre tract;
THENCE, continuing with the north line of said 151.60 acre tract,
same being the south line of said 13.022 acre tract, N89°46'29"E,
37.13 feet to an iron rod found at a fence corner post at a northeast
corner of said 151.60 acre tract, same being the southeast corner of
said 13.022 acre tract and in the west line of that certain 405.35
acre tract described in a deed to Walton Texas, LP as recorded in
Volume 579 Page 211 of the Official Public Records of said County;
THENCE, with the southern most east line of said 151.60 acre tract,
same being the west line of said 405.39 acre tract, S29°29'14"E,
1953.62 feet to an iron rod found at a fence corner post at the
southeast corner of said 151.60 acre tract, same being the
southwest corner of said 405.239 acre tract and in the north line of
that certain tract of land described in a deed to Jerry Lee
Burklund, Trustee as recorded in Volume 557 Page 300 of the Official
Public Records of said County;
THENCE, with the south line of said 151.60 acre tract, same being a
north line of said Burkland tract, the following two courses:
1) S47°35'03"W, 1245.94 feet to a calculated point in a fence line;
2) S47°39'58"W, 517.90 feet to a nail found at a fence corner post
at the southwest corner of said 151.60 acre tract, same being at an
interior corner of said Burkland tract;
THENCE, with the west line of said 151.60 acre tract, same being
with an east line of said Burkland tract, N42°52'35"W, 744.04 feet
to an iron rod found at a fence corner post at a northeast corner of
said Burkland tract, same being at the southeast corner of said
51.88 acre tract;
THENCE, with the south line of said 51.88 acre tract, same being the
north line of said Burkland tract, S47°44'16"W, 565.19 feet to an
iron rod found in 8-inch concrete square at the southwest corner of
said 51.88 acre tract, same being at the southeast corner of that
certain 99.726 acre tract of land described in a deed to Leonard C.
Anton as recorded in Volume 113 Page 487 of the Official Public
Records of said County;
THENCE, with the west line of said 51.88 acre tract, same being the
east line of said Anton tract, the following three courses:
1) N42°47'25"W, 2554.59 feet to an iron rod found in 8-inch
concrete square;
2) S48°02'08"W, 56.78 feet to an iron rod found in 8-inch concrete
square;
3) N42°44'07"W, 379.72 feet to an iron rod found in 8-inch concrete
square at the northeast corner of said Anton tract, same being at
the southeast corner of that certain 12 acre tract of land described
in a Disclaimer of Interest to Atanacio Garcia, recorded in Volume
293 Page 233 and Volume 293 Page 235 of the Official Public Records
of said County;
THENCE, continuing with the west line of said 51.88 acre tract, same
being the south and east line of said Garcia tract, the following
two courses;
1) N46°35'32"E, 57.04 feet to an iron rod found in 8-inch concrete
square;
2) N42°53'53"W, 1055.86 feet to an iron rod with cap found at the
northwest corner of said 51.88 acre tract, same being at the
northeast corner of said Garcia tract and being in the south
right-of-way line of said State Highway 21;
THENCE, with the north line of said 51.88 acre tract, same being
with the south right-of-way line of said State Highway No. 21, the
following two courses:
1) Along a curve to the right having a radius of 5679.58 feet, an
arc length of 289.46 feet, a central angle of 2°55'12" and a chord
which bears N58°47'27"E, 289.43 feet to a nail in a concrete
monument found;
2) N60°18'14"E, a distance of 297.83 feet to an iron rod found at
the northeast corner of said 51.88 acre tract in the south
right-of-way line of State Highway 21 (100' R.O.W. at this point),
same being at the northwest corner of that certain tract of land
described in a deed to Jim Mattox, Trustee, recorded in Volume 197
Page 926 of the Official Public Records of said County, same being
at the northwest corner of a 2.00 acre tract of land;
THENCE, with the east line of said 51.88 acre tract, same being the
west line of said Mattox tract, the following two courses:
1) S44°17'00"E, 103.17 feet to an iron rod with cap found;
2) S41°57'16"E, 228.76 feet to an iron rod found at the southwest
corner of said 2.00 acre tract, same being at a northwest corner of
that certain 151.614 acre tract of land described in a deed to
Caldwell 151, L.P. as recorded in Volume 500 Page 358 of the
Official Public Records of said County;
THENCE, with a north and west line of said 151.60 acre tract, same
being the south and east line of said 2.0 acre tract, the following
two courses:
1) N53°49'23"E, 260.76 feet to an iron rod found;
2) N36°12'33"W, 296.20 feet to an iron found in the north line of
said 151.60 acre tract, at the northeast corner of said 2.0 acre
tract, same being in the south right-of-way line of said State
Highway 21;
THENCE, with the north line of said 151.60 acre tract, same being
the south right-of-way line of said State Highway 21, N60°15'42"E,
1049.38 feet to the POINT OF BEGINNING and containing 203.47 acres
of land.
50.11 ACRE TRACT
DESCRIBING 50.11 ACRES OF LAND BEING A PORTION OF THE THOMAS YATES
SURVEY, ABSTRACT 313, CALDWELL COUNTY, TEXAS, SAME ALSO BEING ALL
OF THAT CERTAIN 49.97 ACRE TRACT OF LAND DESCRIBED IN A GENERAL
WARRANTY DEED TO ROBERT A. SCHMIDT EXECUTED ON FEBRUARY 28, 2008 AND
RECORDED IN VOLUME 523 PAGE 505 OF THE OFFICIAL PUBLIC RECORDS OF
CALDWELL COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING at an iron rod found under a 17" hackberry tree at the
south corner of this tract, same being at the east corner of that
certain 80.46 tract of land described in deed to William Walter Holz
as recorded in Volume 378 Page 47 of the Deed Records of said
County, same being in the northwest line of County Road 228 (Farmers
Road, R.O.W. varies) from which an iron rod found at the south
corner of said 80.46 acre tract bears S47°40'53"W, 940.48 feet;
THENCE, with the southwest line of this tract, same being the
northeast line of said William Walter Holz tract, N42°35'21"W,
3736.46 feet to an iron rod found at the west corner of this tract,
same being at the north corner of said 80.46 acre tract and in the
southeast line of that certain 405.35 acre tract of land described
in a deed to Walton Texas, LP as recorded in Volume 579 Page 211 of
the Official Public Records of said County;
THENCE, with the northwest line of this tract, same being the
southeast line of said Walton Texas, LP tract, N47°30'41"E, 701.29
feet to an iron rod found at the north corner of this tract, same
being the west corner of that certain 60.350 acre tract described in
a deed to Roland R. Holz as recorded in Volume 88 Page 318 of the
Official Public Records of said County;
THENCE, with the northern most northeast line of this tract, same
being a southwest line of said Roland R. Holz tract, S42°34'31"E,
2492.20 feet to an iron rod found at the northern most east corner
of this tract, said iron rod found also being in a northeast line of
that certain 60.350 acre tract of land described in a deed to
Florence M. Holz Vickery as recorded in Volume 88 Page 318 of the
Official Public Records of said County;
THENCE, with the northern most southeast line of this tract, same
being through the interior of said Florence M. Holz Vickery tract,
S47°41'08"W, 350.22 feet to an iron rod found at an interior corner
of this tract.
THENCE, with the southern most northeast line of this tract, same
being through the interior of said Florence M. Holz Vickery tract,
S42°33'15"E, 1246.36 feet to an iron rod found at the southern most
east corner of this tract, same being in the southeast line of said
Florence M. Holz Vickery tract and in the northwest line of said
County Road 228 from which an iron rod found at the east corner of
said Florence M. Holz Vickery tract bears N47°40'12"E, 466.33 feet;
THENCE, with the southern most southeast line of this tract, same
being the northwest line of said County Road 228, S47°40'53"W,
349.71 feet to the POINT OF BEGINNING and containing 50.11 acres of
land.
192.42 ACRE TRACT
DESCRIBING 192.42 ACRES OF LAND BEING A PORTION OF THE ELBERT HINES
SURVEY A-123, CALDWELL COUNTY, TEXAS, SAME BEING A PORTION OF THAT
312.48 ACRE TRACT DESCRIBED IN A SPECIAL WARRANTY DEED TO WALTON
TEXAS, LP EXECUTED ON MAY 5, 2009 AND RECORDED IN VOLUME 568 PAGE
119 OF THE OFFICIAL PUBLIC RECORDS OF SAID COUNTY, SAID 192.42 ACRES
OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING for reference at an axle found at the east corner of said
312.48 acre tract, same being the north corner of that 152.071 acre
tract described in a deed to Bryant L Hohertz and wife, Veleria G.
Hohertz as recorded in Volume 459 Page 639 of the Deed Records of
said County and in the southwest line of the Old Kyle Lockhart Road
(R.O.W. varies), from which an iron rod found at the east corner of
said 152.071 acre tract, same being a north corner of that 464.83
acre tract described in a deed to Walton Texas, LP as recorded in
Volume 598 Page 166 of the Deed Records of said County bears
S41°18'41"E, 19.83 feet;
THENCE, with the southeast line of said 312.48 acre tract,
S47°54'11"W, 1897.48 feet to the POINT OF BEGINNING of the herein
described tract of land;
THENCE, with the southeast line of said 312.48 acre tract, the
following three courses:
1) S47°54'11"W, 1195.65 feet to an axle found;
2) S47°53'46"W, 1921.31 feet to an iron rod with cap (stamped
"Hinkle") found at the west corner of said 152.071 acre tract;
3) S47°41'17"W, 676.80 feet to a point in the northwest line of
that 151.08 acre tract described in a deed to Terrell T. McGee and
wife, Opal H. McGee as recorded in Volume 469 Page 671 of the Deed
Records of said County;
THENCE, through the interior of said 312.48 acre tract and with the
City of San Marcos, Texas 3.5 mile ETJ (extraterritorial
jurisdiction), along a curve to the left having a radius of
18,480.00 feet, an arc length of 2442.86 feet, a central angle of
7°34'26" and a chord which bears N30°17'll"W, 2441.04 feet to a point
in the southeast line of County Road #228 (a.k.a. Farmers Road) from
which an iron rod found at the west corner of said 312.48 acre tract
bears S47°41'37"W, 816.99 feet;
THENCE, with the southeast line of said County Road #228,
N47°41'37"E, 3203.99 feet to an iron rod with cap (stamped "Hinkle")
found at the western most north corner said 312.48 acre tract, same
being the west corner of a 17.69 acre tract being the remaining
portion of that certain 331.6 acre tract of land described in a deed
recorded in Volume 192 Page 649 of the Official Public Records of
said County from which an iron rod with cap (stamped "Hinkle") found
at the north corner of said 17.69 acre tract bears N47°41'30"E,
2040.84 feet;
THENCE, with the common lines of said 312.48 acre tract and said
17.69 acre tract, the following two courses:
1) S42°05'39"E, 380.12 feet to an iron rod with cap (stamped
"Hinkle") found at the south corner of said 17.69 acre tract;
2) N47°53'56"E, 93.58 feet to a point from which an iron rod found
at the east corner of said 17.69 acre tract, same being in the
southwest right-of-way line of F.M. 2720 (80' R.O.W.) bears
N47°53'56"E, 1890.25 feet;
THENCE, through the interior of said 312.48 acre tract, S42°00'00"E,
2018.19 feet the POINT OF BEGINNING and containing 192.42 acres of
land.
504.46 ACRE TRACT
DESCRIBING 504.46 ACRES OF LAND BEING A PORTION OF THE ELBERT HINES
SURVEY, ABSTRACT 123, CALDWELL COUNTY, TEXAS, SAME BEING A PORTION
OF THAT CERTAIN 682.21 ACRE TRACT OF LAND DESCRIBED IN A SPECIAL
WARRANTY DEED TO WALTON TEXAS, LP EXECUTED ON JANUARY 15, 2010 AND
RECORDED IN VOLUME 591 PAGE 449 OF THE OFFICIAL PUBLIC RECORDS OF
CALDWELL COUNTY, TEXAS, SAID 504.46 ACRES OF LAND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a point in a southeast line of said 682.21 acre tract
from which an iron rod found at the southern most east corner of
said 682.21 acre tract, same being the south corner of that 464.83
acre tract of land described in a deed to Walton Texas, LP as
recorded in Volume 598 Page 166 of the Official Public Records of
said County, same also being in the northwest line of that tract of
land described in a deed to Bryant L. Hohertz, et ux as recorded in
Volume 397 Page 369 of the Official Public Records of said County
bears N47°58'32"E, 542.23 feet;
THENCE, with the southeast line of said 682.21 acre tract, same
being the northwest line of said Bryant L. Hohertz tract,
S47°58'32"W, 566.01 feet to an iron rod with aluminum cap (stamped
McMillan) found at the south corner of said 0.06 of an acre tract,
same being at the west corner of said Hohertz tract, same being in a
northeast line of County Road 229;
THENCE, with the southwest line of said 682.21 acre tract, same
being a northeast line of said County Road 229, N40°53'25"W, 49.97
feet to an iron rod with aluminum cap (stamped McMillan) found at
the west corner of said 682.21 acre tract, same being at the north
corner of said County Road 229;
THENCE, with the southeast line of said 682.21 acre tract, same
being the northwest line of said County Road 229, the following five
courses:
1) S48°51'40"W, 690.95 feet to a fence post;
2) S41°44'13"W, 568.69 feet to a fence post;
3) S45°26'54"W, 317.44 feet to a fence post;
4) S46°24'07"W, 411.51 feet to a fence post;
5) S47°39'48"W, 610.37 feet to a fence post at the south corner of
said 682.21 acre tract, same being the east corner of that 296.5
acre tract described in a deed to Dan M. Connolly as recorded in
Volume 346 Page 920 of the Official Public Records of said County;
THENCE, with the southwest line of said 682.21 acre tract, same
being the northeast line of said 296.5 acre tract and the northeast
line of that 100.339 acre tract described in a deed to Nellie Hampe
Partnership I, Ltd. as recorded in Volume 140 Page 342 of the
Official Public Records of said County, N41°42'59"W, 5724.07 feet to
a fence corner post at the south corner of that 152.071 acre tract
described in a deed to Bryant L. Hohertz and wife, Veleria G.
Hohertz as recorded in Volume 459 Page 639 of the Official Public
Records of said County;
THENCE, with the southern most northwest line of said 682.21 acre
tract, same being the southeast line of said 152.071 acre tract,
N48°01'02"E, 1920.06 feet to an iron rod with aluminum cap found at
an interior corner of said 682.21 acre tract, same being the east
corner of said 152.071 acre tract;
THENCE, with the northeast line of said 152.071 acre tract,
N41°44'15"W, 3397.52 feet to an iron rod with cap (stamped Hinkle)
found at an interior corner of said 152.071 acre tract, from which a
car axle found in the northwest line of said 152.071 acre tract,
same being the southeast line of that 331.6 acre tract described in
a deed to Dorothy Doehne as recorded in Volume 192 Page 649 of the
Official Public Records of said County bears N40°41'06"W, 20.09
feet;
THENCE, with the northern most southeast line of said 152.071 acre
tract, N47°53'54"E, 1196.11 feet to a point;
THENCE, through the interior of said 682.21 acre tract, S42°00'00"E,
9091.90 feet to the POINT OF BEGINNING and containing 504.46 acres
of land
185.83 ACRE TRACT
Tract 1:
BEING 48.95 ACRES OF LAND SITUATED IN THE ELBERT HINES LEAGUE,
A-123, CALDWELL COUNTY, TEXAS, AND BEING A PART OF A TRACT REFERRED
TO AS 339.5 ACRES IN A PARTITION DEED TO FLORENCE HOME, VOLUME 249
AT PAGE 39, DEED RECORDS OF CALDWELL COUNTY, TEXAS. SAID 48.95 ACRE
TRACT AS OCCUPIED UPON THE GROUND IS DESCRIBED BY METES AND BOUNDS
AS FOLLOWS:
BEGINNING at a corner post being the occupied Southwest corner of
said 339.5 acre tract, the occupied Southeast corner of a tract
referred to as the E. Schroeder tract, in the Southeast line of said
Hines League, the Northwest line of a gravel road, from which said
post a rock monument found bears North 26° West 2.3 feet, for the
Southwest corner of the tract;
THENCE, with a fence along said Schroeder tract as follows:
North 39°49' West 873.2 feet to a fence post;
North 42°40' West 340.3 feet to a fence post;
North 40°29' West 1206.3 feet to a fence corner post in the Southeast
line of a gravel road being the occupied Northeast corner of said
Schroeder tract and the Northeast corner of this tract;
THENCE, North 49°43' East 826.3 feet with a fence along the
Southeast line of said road to a fence post, the intersection of the
Southwest line of a gravel road, from which post an iron pin found
marking the West corner of the Bryant L. Hohertz et ux tract called
168.53 acres out of said 339.5 acres, bears North 48° 53' East 80.0
feet, for the Northeast corner of this tract;
THENCE, with the Southwest fence line of said road as follows:
South 63°05' East 93.0 feet to a fence post;
South 41°48' East 2323.5 feet to a fence corner post at the
intersection of first said
Gravel road from which post the South corner of said 168.53 acre
tract bears North 43°
33' East 14.3 feet for the Southeast corner of this tract;
THENCE South 49°01' West 912.6 feet with the Northwest fence line of
said gravel road to the Place of Beginning, containing 48.95 acres
of land. As surveyed by Ben H. Chamness, RPS #2225, February, 1980.
And being the same property described in Warranty Deed from
Florence B. Home to William M. Schroeder, Jr. et al, dated March 6,
1980, recorded in Volume 412, Page 61, Deed Records of Caldwell
County, Texas.
TOGETHER WITH THE FOLLOWING DESCRIBED TRACT:
Tract 2:
ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN CALDWELL
COUNTY, TEXAS, A PART OF THE ELBERT HINES LEAGUE AND DESCRIBED AS:
Beginning at the most North corner of 330 acres, more or less,
bought by G. A. Blasienz from H. W. Griffith, et al;
THENCE South 40 East 1194.44 feet to a stake for the North corner of
a 136.88 acre tract conveyed by the said G. A. Blasienz and wife, to
W.S. Schroeder;
THENCE South 50 West 4991.67 feet to a stake set for the most West
corner of said Schroeder tract on the Northeast line of 50 acres of
land conveyed by said G. A. Blasienz and wife, to C. Schulle;
THENCE, North 40 West with said line 1194.44 feet to the North
corner of said 50 acre tract a stake on the lower line of the public
road;
THENCE North 50 East 4991.67 feet to the Place of Beginning,
containing 136.88 acres of land, Being the same land as described in
a deed from R.W. Bartling, et al, to William H. Schroeder, dated
February 18, 1916 recorded in Volume 214, Page 477, Deed Records of
Caldwell County, Texas
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 4. (a) Section 8343.104, Special District Local
Laws Code, as added by Section 1 of this Act, takes effect only if
this Act receives a two-thirds vote of all the members elected to
each house.
(b) If this Act does not receive a two-thirds vote of all the
members elected to each house, Subchapter C, Chapter 8343, Special
District Local Laws Code, as added by Section 1 of this Act, is
amended by adding Section 8343.104 to read as follows:
Sec. 8343.104. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(c) This section is not intended to be an expression of a
legislative interpretation of the requirements of Subsection (c),
Section 17, Article I, Texas Constitution.
SECTION 5. Except as provided by Section 4 of this Act:
(1) this Act takes effect immediately if it receives a
vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution; and
(2) if this Act does not receive the vote necessary for
immediate effect, this Act takes effect September 1, 2011.