Bill Text: TX HB4303 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to the creation of the Prairie Ridge Municipal Management District No. 1 and to the correction of defined terms in the law governing the Joshua Farms Municipal Management District No. 1 and the law governing the Joshua Farms Municipal Management District No. 2; providing authority to issue bonds; providing authority to impose assessments, fees, or taxes; granting a limited power of eminent domain.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Enrolled - Dead) 2017-06-15 - Effective on 9/1/17 [HB4303 Detail]
Download: Texas-2017-HB4303-Enrolled.html
H.B. No. 4303 |
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relating to the creation of the Prairie Ridge Municipal Management | ||
District No. 1 and to the correction of defined terms in the law | ||
governing the Joshua Farms Municipal Management District No. 1 and | ||
the law governing the Joshua Farms Municipal Management District | ||
No. 2; providing authority to issue bonds; providing authority to | ||
impose assessments, fees, or taxes; granting a limited power of | ||
eminent domain. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 3926.001(2), Special District Local Laws | ||
Code, is amended to read as follows: | ||
(2) "City" means the City of Cleburne [ |
||
Texas. | ||
SECTION 2. Section 3929.001(2), Special District Local Laws | ||
Code, is amended to read as follows: | ||
(2) "City" means the City of Burleson [ |
||
Texas. | ||
SECTION 3. Subtitle C, Title 4, Special District Local Laws | ||
Code, is amended by adding Chapter 3954 to read as follows: | ||
CHAPTER 3954. PRAIRIE RIDGE MUNICIPAL MANAGEMENT DISTRICT NO. 1 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 3954.001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "City" means the City of Grand Prairie, Texas. | ||
(3) "Commission" means the Texas Commission on | ||
Environmental Quality. | ||
(4) "Director" means a board member. | ||
(5) "District" means the Prairie Ridge Municipal | ||
Management District No. 1. | ||
Sec. 3954.002. CREATION AND NATURE OF DISTRICT. The | ||
district is a special district created under Sections 52 and 52-a, | ||
Article III, and Section 59, Article XVI, Texas Constitution. | ||
Sec. 3954.003. PURPOSE; LEGISLATIVE FINDINGS. (a) The | ||
creation of the district is essential to accomplish the purposes of | ||
Sections 52 and 52-a, Article III, and Section 59, Article XVI, | ||
Texas Constitution, and other public purposes stated in this | ||
chapter. By creating the district and in authorizing the city and | ||
other political subdivisions to contract with the district, the | ||
legislature has established a program to accomplish the public | ||
purposes set out in Section 52-a, Article III, Texas Constitution. | ||
(b) The creation of the district is necessary to promote, | ||
develop, encourage, and maintain employment, commerce, | ||
transportation, housing, tourism, recreation, the arts, | ||
entertainment, economic development, safety, and the public | ||
welfare in the district. | ||
Sec. 3954.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) | ||
The district is created to serve a public use and benefit. | ||
(b) All land and other property included in the district | ||
will benefit from the improvements and services to be provided by | ||
the district under powers conferred by Sections 52 and 52-a, | ||
Article III, and Section 59, Article XVI, Texas Constitution, and | ||
other powers granted under this chapter. | ||
(c) The district is created to accomplish the purposes of a | ||
municipal management district as provided by general law and | ||
Sections 52 and 52-a, Article III, and Section 59, Article XVI, | ||
Texas Constitution. | ||
(d) The creation of the district is in the public interest | ||
and is essential to further the public purposes of: | ||
(1) developing and diversifying the economy of the | ||
state; | ||
(2) eliminating unemployment and underemployment; | ||
(3) developing or expanding transportation and | ||
commerce; and | ||
(4) providing quality residential housing. | ||
(e) The district will: | ||
(1) promote the health, safety, and general welfare of | ||
residents, employers, potential employees, employees, visitors, | ||
and consumers in the district, and of the public; | ||
(2) provide needed funding for the district to | ||
preserve, maintain, and enhance the economic health and vitality of | ||
the district territory as a residential community and business | ||
center; and | ||
(3) promote the health, safety, welfare, and enjoyment | ||
of the public by providing pedestrian ways and by landscaping and | ||
developing certain areas in the district, which are necessary for | ||
the restoration, preservation, and enhancement of scenic beauty. | ||
(f) Pedestrian ways along or across a street, whether at | ||
grade or above or below the surface, and street lighting, street | ||
landscaping, parking, and street art objects are parts of and | ||
necessary components of a street and are considered to be a street | ||
or road improvement. | ||
(g) The district will not act as the agent or | ||
instrumentality of any private interest even though the district | ||
will benefit many private interests as well as the public. | ||
Sec. 3954.005. INITIAL DISTRICT TERRITORY. (a) The | ||
district is initially composed of the territory described by | ||
Section 4 of the Act enacting this chapter. | ||
(b) The boundaries and field notes contained in Section 4 of | ||
the Act enacting this chapter form a closure. A mistake 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 contract; | ||
(3) authority to borrow money or issue bonds or other | ||
obligations described by Section 3954.201 or to pay the principal | ||
and interest of the bonds or other obligations; | ||
(4) right to impose or collect an assessment or | ||
collect other revenue; or | ||
(5) legality or operation. | ||
Sec. 3954.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. | ||
(a) All or any part of the area of the district is eligible to be | ||
included in: | ||
(1) a tax increment reinvestment zone created under | ||
Chapter 311, Tax Code; | ||
(2) a tax abatement reinvestment zone created under | ||
Chapter 312, Tax Code; or | ||
(3) an enterprise zone created under Chapter 2303, | ||
Government Code. | ||
(b) If the city creates a tax increment reinvestment zone | ||
described by Subsection (a), the city and the board of directors of | ||
the zone, by contract with the district, may grant money deposited | ||
in the tax increment fund to the district to be used by the district | ||
for: | ||
(1) the purposes permitted for money granted to a | ||
corporation under Section 380.002(b), Local Government Code; and | ||
(2) any other district purpose, including the right to | ||
pledge the money as security for any bonds or other obligations | ||
issued by the district under Section 3954.201. | ||
(c) If the city creates a tax increment reinvestment zone | ||
described by Subsection (a), the city may determine the percentage | ||
of the property in the zone that may be used for residential | ||
purposes and is not subject to the limitations provided by Section | ||
311.006, Tax Code. | ||
Sec. 3954.007. CONFIRMATION AND DIRECTORS' ELECTION | ||
REQUIRED. The initial 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. 3954.008. CITY CONSENT AND DEVELOPMENT AGREEMENT | ||
EXECUTION REQUIRED. The initial directors may not hold an election | ||
under Section 3954.007 until the city 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 with the | ||
owners of the real property in the district under Section 212.172, | ||
Local Government Code. | ||
Sec. 3954.009. APPLICABILITY OF MUNICIPAL MANAGEMENT | ||
DISTRICT LAW. Except as provided by this chapter, Chapter 375, | ||
Local Government Code, applies to the district. | ||
Sec. 3954.010. CONFLICT WITH REGIONAL WATER DISTRICT. To | ||
the extent any authority or power granted to the district conflicts | ||
with any authority or power granted to the Tarrant Regional Water | ||
District, the authority or power granted to the Tarrant Regional | ||
Water District supersedes and controls over the authority or power | ||
granted to the district, unless the Tarrant Regional Water District | ||
consents to the exercise of the authority or power by the district. | ||
Sec. 3954.011. CONSTRUCTION OF CHAPTER. This chapter shall | ||
be liberally construed in conformity with the findings and purposes | ||
stated in this chapter. | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 3954.051. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of five elected directors. | ||
(b) Except as provided by Section 3954.052, directors serve | ||
staggered four-year terms. | ||
Sec. 3954.052. INITIAL DIRECTORS. (a) The initial board | ||
consists of: | ||
Pos. No. Name of Director | ||
1 Murphy Short | ||
2 Johnny Catalano | ||
3 Reid Halverson | ||
4 Riley Standridge | ||
5 Brian Tomich | ||
(b) Initial directors serve until the earlier of: | ||
(1) the date permanent directors are elected under | ||
Section 3954.007; 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 3954.007 and the terms of the initial directors have | ||
expired, successor initial 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 3954.007; 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 | ||
according to the most recent certified tax appraisal rolls for the | ||
county may submit a petition to the commission requesting that the | ||
commission appoint as successor initial directors the five persons | ||
named in the petition. The commission shall appoint as successor | ||
initial directors the five persons named in the petition. | ||
Sec. 3954.053. COMPENSATION. A director is entitled to | ||
receive fees of office and reimbursement for actual expenses in the | ||
manner provided by Section 49.060, Water Code. Sections 375.069 and | ||
375.070, Local Government Code, do not apply to the board. | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 3954.101. GENERAL POWERS AND DUTIES. The district has | ||
the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 3954.102. IMPROVEMENT PROJECTS AND SERVICES. (a) The | ||
district may provide, design, construct, acquire, improve, | ||
relocate, operate, maintain, or finance an improvement project or | ||
service using any money available to the district, or contract with | ||
a governmental or private entity for the provision, design, | ||
construction, acquisition, improvement, relocation, operation, | ||
maintenance, or financing of an improvement project or service | ||
authorized under this chapter or Chapter 372 or 375, Local | ||
Government Code. | ||
(b) An improvement project may be located inside or outside | ||
the district. | ||
Sec. 3954.103. ADDING OR REMOVING TERRITORY. (a) Subject | ||
to Subsection (b), the board may add or remove territory as provided | ||
by Subchapter J, Chapter 49, Water Code. | ||
(b) The district may add territory as described by | ||
Subsection (a) only if the district obtains written consent from: | ||
(1) the governing body of the city; and | ||
(2) any public entity that owns facilities for the | ||
inter-county transportation of water in the area proposed to be | ||
annexed. | ||
Sec. 3954.104. EMINENT DOMAIN. The district may exercise | ||
the power of eminent domain in the manner and for the purposes | ||
provided by Section 49.222, Water Code, except that the district | ||
may not acquire by condemnation a property interest or facility | ||
owned or controlled by a public entity. | ||
Sec. 3954.105. 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 4 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 | ||
3954.007 to confirm the creation of the district. | ||
(f) An order dividing the district must: | ||
(1) name each new district; | ||
(2) include the metes and bounds description of the | ||
territory of each new district; | ||
(3) appoint initial 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 3954.007. | ||
(i) If the creation of the new district is confirmed, the | ||
new district shall provide the election date and results to the | ||
commission. | ||
(j) Any new district created by the division of the district | ||
must hold an election as required by this chapter to obtain voter | ||
approval before the district may impose a maintenance tax or issue | ||
bonds payable wholly or partly from ad valorem taxes. | ||
(k) Municipal consent to the creation of the district and to | ||
the inclusion of land in the district granted under Section | ||
3954.008 acts as municipal consent to the creation of any new | ||
district created by the division of the district and to the | ||
inclusion of land in the new district. | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS | ||
Sec. 3954.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The | ||
board by resolution shall establish the number of directors' | ||
signatures and the procedure required for a disbursement or | ||
transfer of the district's money. | ||
Sec. 3954.152. MONEY USED FOR IMPROVEMENTS OR SERVICES. | ||
The district may acquire, construct, finance, maintain, or operate | ||
an improvement project or service authorized by this chapter or | ||
Chapter 372 or 375, Local Government Code, using any money | ||
available to the district. | ||
Sec. 3954.153. METHOD OF NOTICE FOR HEARING. The district | ||
may mail the notice required by Section 375.115(c), Local | ||
Government Code, by certified or first class United States mail. | ||
The board shall determine the method of notice. | ||
Sec. 3954.154. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) | ||
The board by resolution may impose and collect an assessment for any | ||
purpose authorized by this chapter in all or any part of the | ||
district. | ||
(b) An assessment, a reassessment, or an assessment | ||
resulting from an addition to or correction of the assessment roll | ||
by the district, penalties and interest on an assessment or | ||
reassessment, an expense of collection, and reasonable attorney's | ||
fees incurred by the district are: | ||
(1) a first and prior lien against the property | ||
assessed; | ||
(2) superior to any other lien or claim other than a | ||
lien or claim for county, school district, special district, or | ||
municipal ad valorem taxes; and | ||
(3) the personal liability of and a charge against the | ||
owners of the property even if the owners are not named in the | ||
assessment proceedings. | ||
(c) The lien is effective from the date of the board's | ||
resolution imposing the assessment until the date the assessment is | ||
paid. The board may enforce the lien in the same manner that the | ||
board may enforce an ad valorem tax lien against real property. | ||
(d) The board may make a correction to or deletion from the | ||
assessment roll that does not increase the amount of assessment of | ||
any parcel of land without providing notice and holding a hearing in | ||
the manner required for additional assessments. | ||
(e) The district may not impose an assessment on property or | ||
facilities owned, controlled, or operated by a public entity. | ||
Sec. 3954.155. RESIDENTIAL PROPERTY NOT EXEMPT. Sections | ||
375.161 and 375.164, Local Government Code, do not apply to the | ||
district. | ||
SUBCHAPTER E. TAXES AND BONDS | ||
Sec. 3954.201. BONDS AND OTHER OBLIGATIONS. (a) The | ||
district may issue, by public or private sale, bonds, notes, or | ||
other obligations payable wholly or partly from ad valorem taxes or | ||
assessments in the manner provided by Subchapter J, Chapter 375, | ||
Local Government Code. | ||
(b) If the improvements financed by an obligation will be | ||
conveyed to or operated and maintained by a municipality or retail | ||
utility provider pursuant to an agreement between the district and | ||
the municipality or retail utility provider entered into before the | ||
issuance of the obligation, the obligation may be issued in the | ||
manner provided by Subchapter A, Chapter 372, Local Government | ||
Code. | ||
(c) In exercising the district's borrowing power, the | ||
district may issue a bond or other obligation in the form of a bond, | ||
note, certificate of participation or other instrument evidencing a | ||
proportionate interest in payments to be made by the district, or | ||
other type of obligation. | ||
(d) In addition to the sources of money described by | ||
Subchapter A, Chapter 372, and Subchapter J, Chapter 375, Local | ||
Government Code, district bonds may be secured and made payable | ||
wholly or partly by a pledge of any part of the money the district | ||
receives from improvement revenue, receives under Section | ||
3954.006(b), or receives from any other source. | ||
(e) The district may issue bonds, notes, or other | ||
obligations to maintain or repair an existing improvement project | ||
only if the district obtains written consent from the governing | ||
body of the city. | ||
Sec. 3954.202. ELECTIONS REGARDING TAXES AND BONDS. (a) | ||
The district may issue, without an election, bonds, notes, and | ||
other obligations secured by: | ||
(1) revenue other than ad valorem taxes; or | ||
(2) contract payments described by Section 3954.205. | ||
(b) The district must hold an election in the manner | ||
provided by Subchapter L, Chapter 375, Local Government Code, to | ||
obtain voter approval before the district may impose an ad valorem | ||
tax or issue bonds payable from ad valorem taxes. | ||
(c) Section 375.243, Local Government Code, does not apply | ||
to the district. | ||
(d) All or any part of any facilities or improvements that | ||
may be acquired by a district by the issuance of its bonds may be | ||
submitted as a single proposition or as several propositions to be | ||
voted on at the election. | ||
Sec. 3954.203. 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. 3954.204. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized by a majority of the district voters voting at an | ||
election held under Section 3954.202, 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. | ||
(c) Section 49.107(f), Water Code, does not apply to a | ||
reimbursement made for a purpose described by Section 3954.102. | ||
Sec. 3954.205. CONTRACT TAXES. (a) In accordance with | ||
Section 49.108, Water Code, the district may impose a tax other than | ||
an operation and maintenance tax and use the revenue derived from | ||
the tax to make payments under a contract after the provisions of | ||
the contract have been approved by a majority of the district voters | ||
voting at an election held for that purpose. | ||
(b) A contract approved by the district voters may contain a | ||
provision stating that the contract may be modified or amended by | ||
the board without further voter approval. | ||
SUBCHAPTER F. DISSOLUTION | ||
Sec. 3954.251. DISSOLUTION BY CITY ORDINANCE. (a) The | ||
governing body of the city may dissolve the district by ordinance. | ||
(b) The governing body may not dissolve the district until: | ||
(1) water, sanitary, sewer, and drainage improvements | ||
and roads have been constructed to serve at least 90 percent of the | ||
developable territory of the district; and | ||
(2) the district has reimbursed each party that has an | ||
agreement with the district for all costs advanced to or on behalf | ||
of the district. | ||
(c) Until the district is dissolved, the district is | ||
responsible for all bonds and other obligations of the district. | ||
Sec. 3954.252. COLLECTION OF ASSESSMENTS AND OTHER REVENUE. | ||
(a) If the dissolved district has bonds or other obligations | ||
outstanding secured by and payable from assessments or other | ||
revenue, other than revenue from ad valorem taxes, the city shall | ||
succeed to the rights and obligations of the district regarding | ||
enforcement and collection of the assessments or other revenue. | ||
(b) The city shall have and exercise all district powers to | ||
enforce and collect the assessments or other revenue to pay: | ||
(1) the bonds or other obligations when due and | ||
payable according to their terms; or | ||
(2) special revenue or assessment bonds or other | ||
obligations issued by the city to refund the outstanding bonds or | ||
obligations. | ||
Sec. 3954.253. ASSUMPTION OF ASSETS AND LIABILITIES. (a) | ||
After the city dissolves the district, the city assumes the | ||
obligations of the district, including any bonds or other debt | ||
payable from assessments or other district revenue. | ||
(b) If the city dissolves the district, the board shall | ||
transfer ownership of all district property to the city. | ||
SECTION 4. The Prairie Ridge Municipal Management District | ||
No. 1 initially includes all the territory contained in the | ||
following area: | ||
(a) TRACT 1: | ||
BEING a part of a tract or parcel of land situated in the Joseph | ||
Stewart Survey, Abstract No. 754, Heirs of Allen Larsen, Survey | ||
No. 497, T. Stanbury Survey, Abstract 762, and the J. H. Working | ||
Survey, Abstract No. 897, Johnson County, Texas, and being part of | ||
that same tract of land from Karal Kay Cannon, as described in | ||
Volume 02111, Page 0850, Deed Records, Ellis County, Texas, and as | ||
described in Book 3500, Page 0941, Official Public Records of | ||
Johnson County, Texas, and all of a tract from Billy D. Cannon and | ||
Michelle Cannon, to PRA Prairie Ridge, L.P. as described in Book | ||
3500, Page 0941, Official Public Records of Johnson County, Texas, | ||
and a tract of land from Phillip Nabors Smauder and Jennie Smauder | ||
Pope, to PRA Prairie Ridge, L.P. as described in County Clerk File | ||
No. 2104-00248, Official Public Records of Johnson County, Texas, | ||
and being more particularly described as follows: | ||
BEGINNING at a point in County Road 506 at an intersection with the | ||
Ellis County and Johnson County limits line along with the | ||
intersection of the Joseph Stewart Survey, Abstract No. 961, the | ||
Joseph Stewart Survey, Abstract No. 754, and the John H. Working | ||
Survey, Abstract No. 897; | ||
THENCE South 00°47'39" East, departing from said county road and | ||
along the said Johnson and Ellis County lines, a distance of 5474.77 | ||
feet to a 1/2" iron rod found; | ||
THENCE South 59°47'49" West, along a north line of Bennett W. Cervin | ||
tract one as described in Volume 2001, Page 0749, Deed Records, | ||
Ellis County, Texas, a distance of 537.29 feet to a 1/2" iron rod | ||
found; | ||
THENCE North 30°19'12" West, along an east line of a Jeniffer | ||
N. Sweeney tract described in Book 0608, Page 830, Deed Records, | ||
Johnson County, Texas, a distance of 767.82 feet to a 1/2" iron rod | ||
found; | ||
THENCE South 59°32'27" West, along a north line of said Jeniffer | ||
N. Sweeney tract, a distance of 5401.00 feet to a 1/2" iron rod | ||
found; | ||
THENCE North 30°44'12" West, along County Road 619, a distance of | ||
1053.81 feet to a 1/2" iron rod found; | ||
THENCE North 59°59'51" East, leaving said county road, along a north | ||
line of a tract of land from Phillip Nabors Smauder and Jennie | ||
Smauder Pope, to PRA Prairie Ridge, L.P. as described in County | ||
Clerk File No. 2104-00248, Official Public Records of Johnson | ||
County, Texas a distance of 291.69 feet; | ||
THENCE North 30°44'47" West, along a west line of said Smauder | ||
tract, a distance of 150.00 feet to a 1/2" iron rod found; | ||
THENCE South 59°59'52" West, along a south line of Smauder tract, to | ||
County Road 619, a distance of 291.67 feet to a 1/2" iron rod found; | ||
THENCE North 30°44'12" West, along a west line of said Smauder tract | ||
a distance of 2672.24 feet to a 1/2" iron rod found; | ||
THENCE North 59°59'42" East, along a north line of said Smauder | ||
tract, a distance of 888.13 feet to a 1/2" iron rod found; | ||
THENCE North 60°06'44" East, along a north line of said Smauder | ||
tract, a distance of 1077.88 feet to a 1/2" iron rod found; | ||
THENCE North 59°33'36" East, along a north line of said Smauder | ||
tract, a distance of 1233.53 feet to a 1/2" iron rod found; | ||
THENCE North 60°12'38" East, along a north line of said Smauder | ||
tract, a distance of 2229.85 feet to a 1/2" iron rod found; | ||
THENCE North 56°47'57" East, reaching a northeasterly 90° elbow in | ||
County Road 506, along a south line of tract described in Book 3256, | ||
Page 0733, Deed Records, Johnson County, Texas, a distance of | ||
3239.36 feet to the POINT OF BEGINNING, containing 678.614 acres, | ||
more or less. | ||
TRACT 2: | ||
Being all those certain Lots, Tracts or Parcels of Land situated in | ||
the R.K. Wines Survey, Abstract 1178, Ellis County, Texas, and | ||
being part of that certain contract of land conveyed to John | ||
W. Brumbeloe, Sr. (referred to as Tract III) as recorded in Volume | ||
558, Page 209, Deed Records, Ellis County, Texas and being known as | ||
designated at Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11, Sunset Park | ||
(referred to as Tract II), an addition to Ellis County, Texas, | ||
according to the plat filed of record in Cabinet "B", Slide 13, plat | ||
records, Ellis County, Texas, and being more particularly described | ||
as follows: | ||
Commencing at a found 1-inch iron pipe from the southeast corner of | ||
a tract of land conveyed to Edward J. Kilchenstein, as recorded in | ||
Volume 710, Page 627, Deed Records, Ellis County, Texas and the | ||
north line of a tract of land conveyed to Lia Vang and wife, Xia | ||
Vang, Jeff V. Hang and wife, Melissa S. Hang, Chue Moua and wife, | ||
Maikoulap Moura as recorded in Volume 1832, Page 2002, Deed | ||
Records, Ellis County, Texas; | ||
Thence S 59°29'25" W, along the common line of said Kilchenstein | ||
tract and the Vang, Hang, Moua tract, a distance of 339.40 feet to a | ||
found 3/8-inch iron rod with a yellow plastic cap stamped "RPLS 446" | ||
at the Northwest corner of said Vang, Hang, Moua tract and the | ||
Northeast corner of said Brumbeloe tract, said point being the | ||
place of Beginning of this herein described tract of land; | ||
Thence S 01°22'20" E, along the common line of said Vang, Hang, Moua | ||
tract, passing a found 1/2-inch iron rod with a yellow plastic cap | ||
stamped "RPLS 4466" at 1,372.08 continuing for a total distance of | ||
1,406.52 feet to a found 1/2-inch iron rod with a yellow plastic cap | ||
stamped "RPLS 4466" in the centerline of County Road 506 Greasy Road | ||
(Lakeview Road); | ||
Thence S 59°39'02" W, along the centerline of said County Road, a | ||
distance of 1,015.46 feet to a found 5/8-inch iron rod with a yellow | ||
plastic cap stamped "Cotton Surveying" (hereinafter referred to as | ||
set iron rod) for corner; | ||
Thence S 59°43'42" W, continuing along the centerline of said County | ||
Road, a distance of 402.48 feet to a found railroad spike at the | ||
intersection of said County Road and Cypress Road, said point being | ||
the South corner of said Sunset Park Addition and the South corner | ||
of this herein described tract of land; | ||
Thence N 00°14'22" W, along the centerline of Cypress Road, the West | ||
line of said Sunset Park Addition, a distance of 865.02 feet to a | ||
found 1/2-inch iron rod for corner; | ||
Thence N 59°30'57" E, passing a 1/2-inch iron rod at 37.40 at the | ||
Southwest corner of the Sunset Park, Phase 2 Addition, according to | ||
the plat thereof recorded in Cabinet "C", Slide 438, plat records, | ||
Ellis County, Texas, continuing for a total distance of 417.09 feet | ||
to a found 1/2-inch iron rod with a yellow plastic cap at the | ||
Southeast Corner of said Sunset Park Phase 2 Addition and the West | ||
line of said Brumbeloe tract for corner; | ||
Thence N 03°03'40" E, along the East line of said Sunset Park Phase 2 | ||
Addition tract and the West line of said Brumbeloe tract, a distance | ||
of 103.80 feet to a found 1/2-inch iron rod; | ||
Thence N 00°31'47" W, along the East line of said Sunset Park Phase 2 | ||
Addition tract and the West line of said Brumbeloe tract, a distance | ||
of 60.37 feet to a found 1/2-inch iron rod for corner; | ||
Thence N 00°05'09" W, along the East line of said Sunset Park Phase 2 | ||
Addition tract and the West line of said Brumbeloe tract, a distance | ||
of 129.83 feet to a 2-inch iron pipe for corner; | ||
Thence N 01°06'07" W, along the East line of said Sunset Park Phase 2 | ||
Addition tract and the West line of said Brumbeloe tract, a distance | ||
of 130.88 feet to a found 1-inch iron pipe for corner; | ||
Thence N 01°03'32" W, along the East line of said Sunset Park Phase 2 | ||
Addition tract and the West line of said Brumbeloe tract, a distance | ||
of 129.92 feet to a found 1-inch iron pipe in the South line of said | ||
Kilchenstein tract and Northwest corner of said Brumbeloe tract, | ||
said point being Northeasterly corner of said Sunset Park Phase 2 | ||
Addition; | ||
Thence N 59°32'07" E, along the South line of said Kilchenstein | ||
tract, a distance of 968.19 feet to the Place of Beginning and | ||
having an area of 1,521,385 square feet, or 34.926 acres of land, | ||
more or less. | ||
TRACT 3: | ||
BEING all those certain lots, tracts, or parcels of land situated in | ||
the Joseph Stewart Survey, Abstract No. 961, Ellis County, Texas | ||
and being those same tracts of land conveyed to PRA Prairie Ridge, | ||
L.P. as recorded in Volume 2111, Page 0866, Deed Records, Ellis | ||
County, Texas and being more particularly described as follows: | ||
POINT OF BEGINNING at a 1/2-inch iron rod found for the west corner | ||
of a tract of land conveyed to Tom Lamon, and wife, Crystal Lamon, | ||
as recorded in Volume 924, Page 46, Deed Records, Ellis County, | ||
Texas, said point being on the Southeast edge of County Road | ||
506/Greasy Road (Lakeview Road); | ||
THENCE South 31°46'30" East, along the Southwest line of said Lamon | ||
tract, a distance of 609.38 feet to a 3/4-inch pipe found on the | ||
North line of a tract of land conveyed to Waltmore, L.L.C. DBA | ||
Lakeside Ranch (described as Tract 1), as recorded in Volume 1607, | ||
Page 392, Deed Records, Ellis County, Texas, the Southwest corner | ||
of said Lamon tract and an exterior ell corner of this herein | ||
described tract of land; | ||
THENCE South 58°10'54" West, along the Northwest line of said | ||
Waltmore tract, a distance of 419.44 feet to a rod nail found for | ||
the West corner of said Waltmore tract and an interior ell corner of | ||
this herein described tract of land; | ||
THENCE South 25°14'30" East, continuing along the Northwest line of | ||
said Waltmore tract, a distance of 849.17 feet to a set 5/8-inch | ||
iron rod with yellow plastic cap stamped "Cotton Surveying" | ||
(hereinafter referred to as set iron rod) for corner; | ||
THENCE across land described in Volume 02111, Page 0866, Deed | ||
Records of Ellis County, Texas, the following course and distances: | ||
Southwesterly along a curve to the right having a central angle of | ||
43°44'52", a radius of 1000.00 feet, whose chord bears South | ||
55°28'14" West, a chord distance of 745.13 feet, and an arc length of | ||
763.54 feet to a set iron rod for corner; | ||
South 77°20'40" West a distance of 437.24 feet to a set iron rod for | ||
corner; | ||
Westerly along a curve to the right having a central angle of | ||
11°17'25", a radius of 1350.00 feet, whose chord bears South | ||
82°59'23" West, a chord distance of 265.59 feet, and an arc length of | ||
266.02 feet to a set iron rod for corner; | ||
South 88°38'05" West a distance of 288.43 feet to a set iron rod for | ||
corner; | ||
South 88°38'05" West a distance of 33.98 feet to a set iron rod for | ||
corner; | ||
North 01°21'55" West a distance of 180.00 feet to a point for corner; | ||
South 88°38'05" West a distance of 15.94 feet to a point for corner; | ||
Northerly along a curve to the left having a central angle of | ||
15°26'09", a radius of 231.08 feet, whose chord bears North 14°21'12" | ||
West, a chord distance of 62.07 feet, and an arc length of 62.26 | ||
feet to a set iron rod for corner; | ||
North 22°05'57" West a distance of 73.92 feet to a set iron rod for | ||
corner; | ||
Northerly along a curve to the right having a central angle of | ||
20°45'58", a radius of 325.00 feet, whose chord bears North 11°42'58" | ||
West, a chord distance of 117.15 feet, and an arc length of 117.79 | ||
feet to a set iron rod for corner; | ||
North 01°19'06" West a distance of 125.01 feet to a point for corner; | ||
Northerly along a curve to the right having a central angle of | ||
22°31'56", a radius of 15.50 feet, whose chord bears North 09°56'52" | ||
East, a chord distance of 6.06 feet, and an arc length of 6.10 feet | ||
to a set iron rod for corner; | ||
Northwesterly along said curve to the left having a central angle of | ||
71°14'05", a radius of 50.00 feet, whose chord bears North 14°24'13" | ||
West, a chord distance of 58.24 feet, and an arc length of 62.16 | ||
feet to a set iron rod for corner; | ||
North 01°21'55" West, a distance of 113.61 feet to a set iron rod for | ||
corner; | ||
THENCE North 60°04'57" East, along the Southeast line of a tract | ||
described to Robert A. Willis and wife, Lonnie L. Willis, as | ||
recorded in Volume 1298, Page 646, Deed Records of Ellis County, | ||
Texas, a distance of 205.36 feet to a found 1/2-inch iron rod for | ||
corner; | ||
THENCE North 25°47'09" West, along the Northeast line of said Willis | ||
tract, a distance of 450.38 feet to a found 1/2-inch iron rod for | ||
the North corner of said Willis tract; | ||
THENCE North 59°39'02" East, a distance of 1,650.09 feet to the | ||
POINT OF BEGINNING and containing 55.967 acres of land, more or | ||
less. | ||
TRACT 4: | ||
BEING a tract of land situated in the Joseph Stewart Survey, | ||
Abstract No. 961, in Ellis County, Texas, said tract being all of a | ||
called 17.119 acre tract of land described in a deed to Texas | ||
Midstream Gas Services, L.L.C., recorded in Volume 2342, Page 136, | ||
Deed Records, Ellis County, Texas, and being more particularly | ||
described as follows: | ||
BEGINNING and a 1/2-inch iron rod found in the approximate center of | ||
Lakeview Drive for the most westerly corner of said 17.119 acre | ||
tract, the north corner of a called 213.7845 acre tract of land | ||
described in a deed to PRA Prairie Ridge, L.P., recorded in Volume | ||
2111, Page 866 of said Deed Records and on the southeasterly | ||
boundary of a called 198.758 acre tract described in a deed to | ||
Harper Cattle Company, recorded in Volume 1205, Page 47 of said Deed | ||
Records; | ||
THENCE North 59 degrees 35 minutes 08 seconds East, along the | ||
approximate center of Lakeview Drive, a distance of 1,186.71 feet | ||
to a 1/2-inch iron rod found for the most northerly corner of said | ||
17.119 acre tract and the west corner of a called 0.057 acre tract | ||
described in a deed to the State of Texas, recorded in Volume 340, | ||
Page 390 of said Deed Records; | ||
THENCE South 29 degrees 53 minutes 02 seconds East, along the common | ||
boundary between said 17.119 acre tract and said 0.057 acre tract, a | ||
distance of 49.83 feet to a 1/2-inch iron rod found for an interior | ||
ell corner of said 17.119 acre tract and the south corner of said | ||
0.057 acre tract; | ||
THENCE North 59 degrees 29 minutes 07 seconds East, continuing | ||
along the common boundary between said 17.119 acre tract and said | ||
0.057 acre tract, a distance of 50.09 feet to a 1/2-inch iron rod | ||
found for the northerly northeast corner of said 17.119 acre tract | ||
and the east corner of said 0.057 acre tract, and on the | ||
southwesterly boundary of a called 10 acre tract described as Tract | ||
6 in a deed to Bennett W. Cervin recorded in Volume 2001, Page 749 | ||
of said Deed Records; | ||
THENCE South 30 degrees 08 minutes 24 seconds East, along the common | ||
boundary between said 17.119 acre tract and said 10 acre tract, a | ||
distance of 559.67 feet to a 5/8-inch iron rod with cap marked | ||
"PETITT - RPLS 4087" set for the most easterly corner of said 17.119 | ||
acre tract and the most northerly corner of a called 461.178 acre | ||
tract described in a deed to PRA Prairie Ridge Development Corp., | ||
recorded in Volume 2325, Page 470 of said Deed Records; | ||
THENCE South 59 degrees 35 minutes 41 seconds West, along the common | ||
boundary between said 17.119 acre tract and said 461.178 acre | ||
tract, a distance of 1,219.26 feet to a 1-inch iron pipe found for | ||
the most easterly northeast corner of said 213.7845 acre tract, an | ||
exterior ell corner of said 461.178 acre tract and the most | ||
southerly corner of said 17.119 acre tract; | ||
THENCE North 31 degrees 46 minutes 05 seconds West, along the common | ||
boundary between said 17.119 acre tract and said 213.7845 acre | ||
tract, a distance of 609.38 feet to the POINT OF BEGINNING and | ||
containing 745,700 square feet, or 17.119 acres of land, more or | ||
less. | ||
TRACT 5: | ||
BEING a part of a tract or parcel of land situated in the Joseph | ||
Stewart Survey, Abstract No. 961, Ellis County, Texas and, and | ||
being part of that same tract of land from Karal Kay Cannon, to PRA | ||
Prairie Ridge, L.P. as recorded in Book 3500, Page 0941, Volume | ||
02111, Page 0873, Volume 02111, Page 0866, official public records | ||
of Johnson county, texas and Volume 02111, Page 0850, Deed Records, | ||
Ellis County, Texas, and all of a tract from Chris D. Cannon and | ||
Deanna G. Cannon to PRA Prairie Ridge L.P., as described in Volume | ||
02111, Page 0860, Deed Records of Ellis County, Texas, and Book | ||
3500, Page 0958, of the Official Public Records of Johnson County, | ||
Texas, and being more particularly described as follows: | ||
POINT OF BEGINNING at a found 1/2-inch iron rod in County Road 506 | ||
at an intersection with the Ellis County and Johnson County limits | ||
line along with the intersection of the Joseph Stewart Survey, | ||
Abstract No. 961, the Joseph Steward Survey, Abstract No. 754, and | ||
the John H. Working Survey, Abstract No. 897; | ||
THENCE North 56°14'52" East, along County Road 506, also known as | ||
Lakeview Road, a distance of 892.63 feet to a set 5/8-inch iron rod | ||
with yellow plastic cap stamped "Cotton Surveying" (hereinafter | ||
referred to as set iron rod) for corner; | ||
THENCE North 59°39'02" East, along said road, a distance of 4140.12 | ||
feet to a found 1/2-inch iron rod for corner; | ||
THENCE South 25°48'57" East, leaving said road and along the west | ||
line of a tract described to Robert A. Willis and wife, Lonnie | ||
L. Willis in Volume 1298, Page 646, Deed Records of Ellis County | ||
Texas, a distance of 448.65 feet to a found 1/2-inch iron rod for | ||
corner; | ||
THENCE North 60°04'57" East, along a South line of above described | ||
tract, a distance of 2039 feet to a set iron rod for corner; | ||
THENCE South 01°21'55" East, along a west line of a tract from | ||
Richard J. Bantke and wife, Sandra Sue Bantke, to PRA Prairie Ridge | ||
L.P., as described in Volume 02111, Page 0866, Deed Records of Ellis | ||
County, Texas, a distance of 113.61 feet to a set iron rod for | ||
corner; | ||
THENCE along west line of said property, with a curve right having a | ||
radius of 50.00 feet and a central angle of 71°14'05" and being | ||
subtended by a chord which bears South 14°24'13" East, 58.24 feet; | ||
THENCE southeasterly and southerly along said curve, a distance of | ||
52.16 feet to a point of reverse curve, to a set iron rod for corner; | ||
THENCE along west line of said property, with a curve left having a | ||
radius of 15.50 feet and a central angle of 22°31'56" and being | ||
subtended by a chord which bears South 09°56'52" West 6.06 feet; | ||
THENCE southerly along said curve, a distance of 6.10 feet to a set | ||
iron rod for corner; | ||
THENCE South 01°19'06" East, along west line of said property, | ||
tangent to said curve, a distance of 125.01 feet to a set iron rod | ||
for corner; | ||
THENCE along west line of said property, with a curve left having a | ||
radius of 325.00 feet and a central angle of 20°45'58" and being | ||
subtended by a chord which bears South 11°42'58" East, 117.15 feet; | ||
THENCE southerly along said curve, along west line of said | ||
property, a distance of 117.79 feet to a set iron rod for corner; | ||
THENCE South 22°05'57" East, along west line of said property, | ||
tangent to said curve, a distance of 73.92 feet to a point for | ||
corner; | ||
THENCE along west line of said property, with a curve right having a | ||
radius of 231.08 feet and a central angle of 15°26'09" and being | ||
subtended by a chord which bears South 14°21'12" East 62.07 feet; | ||
THENCE southerly along said curve, along west line of said | ||
property, a distance of 52.26 feet to a set iron rod for corner; | ||
THENCE North 88°38'05" East, along south line of said property, with | ||
a distance of 15.94 feet to a set iron rod for corner; | ||
THENCE South 01°21'55" East, along west line of said property, a | ||
distance of 180.00 feet to a set iron rod for corner; | ||
THENCE North 88°38'05" East, along south line of said property, a | ||
distance of 322.41 feet to the beginning of a curve tangent to said | ||
line to a set iron rod for corner; | ||
THENCE easterly, along south line of said property, along the curve | ||
left, having a radius of 1350.00 feet and a central angle of | ||
11°17'25" and being subtended by a chord which bears North 82°59'23" | ||
East, 265.59 feet; | ||
THENCE easterly and northeasterly a distance of 266.02 feet along | ||
the said curve to a set iron rod for corner; | ||
THENCE North 77°20'40" East tangent to said curve, a distance of | ||
437.24 feet to the beginning of a curve tangent to said line to a set | ||
iron rod for corner; | ||
THENCE easterly, along south line of said property, with a curve | ||
left, having a radius of 1000.00 feet and a central angle of | ||
43°44'52" and being subtended by a chord which bears North 55°28'14" | ||
East, 745.13 feet; | ||
THENCE easterly and northeasterly a distance of 763.54 feet along | ||
the said curve to a set iron rod for corner; | ||
THENCE North 25°14'30" West, along east line of said property, a | ||
distance of 849.17 feet to a found rod nail for corner; | ||
THENCE North 58°10'54" East, along the south line of property of Tom | ||
Larnon and wife, Crystal Larnon, as described in Volume 924, Page | ||
0046. Deed Records of Ellis County, Texas, a distance of 419.44 | ||
feet to a found 3/4-inch pipe for corner; | ||
THENCE North 59°34'27" East, along said south line, a distance of | ||
1219.45 feet to a set iron rod for corner; | ||
THENCE South 30°11'50" East, along the west line of the fifth and | ||
sixth tracts of Bennett W. Cervin, as described in Volume 2001, | ||
Page 0749, Deed Records of Ellis County, Texas, a distance of 823.56 | ||
feet to a set iron rod for corner; | ||
THENCE South 30°19'53" East, along said west line of part of the said | ||
fifth tract, a distance of 335.08 feet to a set iron rod for corner; | ||
THENCE South 59°31'20" West, along the north line of the first tract | ||
of Bennett W. Cervin as described in Volume 2001, Page 0749, Deed | ||
Records of Ellis County, Texas, a distance of 1739.27 feet to a | ||
found 1/2-inch iron rod for corner; | ||
THENCE South 59°35'19" West, along north line of said first tract of | ||
Bennett W. Cervin as described in Volume 2001, Page 0749, Ellis | ||
County, Texas, a distance of 5098.10 feet to a found 3/4-inch iron | ||
rod for corner; | ||
THENCE South 30°20'14" East, along the west line of the said second | ||
tract, a distance of 2453.47 feet to a set iron rod for corner; | ||
THENCE South 59°47'54" West, along a north line of tract one of | ||
Bennett W. Cervin, as described in Volume 2001, Page 0749 of the | ||
Deed Records of Ellis County, Texas, a distance of 2411.12 feet to a | ||
set iron rod for corner; | ||
THENCE South 30°12'06" East, along a west line of the said tract one, | ||
a distance of 596.60 feet to a set iron rod for corner; | ||
THENCE South 59°47'49" West, along a north line of said tract one, a | ||
distance of 1589.67 feet to a found 1/2-inch iron rod for corner; | ||
THENCE North 00°47'39" West, along the Ellis County and Johnson | ||
County limits, a distance of 5474.77 feet to the POINT OF BEGINNING | ||
and containing 461.176 acres, more or less. | ||
(b) There is saved and excepted from the land included | ||
within the district, and excluded therefrom, the following tracts: | ||
SAVE AND EXCEPT TRACT "A" | ||
Property Description | ||
Being 7.016-acres (305,615 square feet) of land situated in | ||
the Joseph Stewart Survey, Abstract Number 961, Ellis County, | ||
Texas, and more particularly that certain 461.178 acre tract | ||
conveyed to PRA Prairie Ridge Development Corp., as recorded in | ||
Volume 2325, Page 470, Official Public Records, Ellis County, | ||
Texas, (O.P.R.E.C.T.), and being further described as follows: | ||
COMMENCING at a point at an ell corner of said PRA Prairie | ||
Ridge Development Corp. tract and at the Northwest corner of a tract | ||
of land to Nita Carol Cervin Miskovitch Trust and Bennett W. Cervin, | ||
recorded in Volume 1999, Page 235, O.P.R.E.C.T., from which a found | ||
3/4 inch iron pipe bears N 59°35'16" E, 1.92 feet; | ||
THENCE N 59°35'16" E, along the South line of said PRA Prairie | ||
Ridge Development Corp. tract and the North line of said Cervin | ||
tract, a distance of 1,436.81 feet to a set 5/8" iron rod with | ||
Transystems cap at the Southwest corner of tract herein described | ||
and the POINT OF BEGINNING (N: 6,866,906.023, E: 2,407,278.644 | ||
Grid); | ||
(1) THENCE N 1°15'48" W, along the West line of tract herein | ||
described, a distance of 2,037.32 feet to a set PK Nail for the | ||
Northwest corner of tract herein described, also being in the | ||
centerline of CR 506 (Lakeview Road), a 60 foot Right-of-Way, no | ||
deed of record found, and on the South line of a tract of land to | ||
Cynthia L. Roe, as recorded in Volume 767, Page 521, D.R.E.C.T.; | ||
(2) THENCE N 59°31'17" E, along the North line of tract | ||
herein described, the South line of said Roe tract and the | ||
centerline of said CR 506, a distance of 171.86 feet to a set PK Nail | ||
for the Northeast corner of tract herein described; | ||
(3) THENCE S 1°15'48" E, along the East line of tract herein | ||
described, a distance of 2,037.55 feet to a set 5/8" iron rod with | ||
Transystems cap for the Southeast corner of tract herein described | ||
also on the North line of said Cervin tract; | ||
(4) THENCE S 59°35'16" W, along the South line of tract | ||
herein described and the North line of said Cervin tract, a distance | ||
of 64.00 feet to a point, from which a found 5/8 inch iron rod bears | ||
S 30°24'17" E, 1.14 feet; | ||
(5) THENCE S 59°35'16" W, along the South line of tract | ||
herein described and the North line of said Cervin tract, a distance | ||
of 107.75 feet to the POINT OF BEGINNING, containing 7.016-acres | ||
(305,615 square feet) of land, more or less. | ||
SAVE AND EXCEPT TRACT B | ||
Property Description | ||
Being 2.285-acres (99,535 square feet) of land situated in | ||
the Joseph Stewart Survey, Abstract Number 961, Ellis County, | ||
Texas, and more particularly that certain 461.178 acre tract | ||
conveyed to PRA Prairie Ridge Development Corp., as recorded in | ||
Volume 2325, Page 470, Official Public Records, Ellis County, | ||
Texas, (O.P.R.E.C.T.), and being further described as follows: | ||
COMMENCING at a PK Nail found at the Southwest corner of a | ||
tract of land conveyed to Cynthia L. Roe, as recorded in Volume 767, | ||
Page 521, D.R.E.C.T.; | ||
THENCE N 59°31'17" E, along the South line of said Cynthia L. | ||
Roe tract and the North line of said PRA Prairie Ridge Development | ||
Corp. tract, also being in the centerline of CR 506 (Lakeview Road), | ||
a 60 foot Right-of-Way, no deed of record found, a distance of | ||
302.39 feet to a PK Nail set at the Northwest corner of tract herein | ||
described and the POINT OF BEGINNING (N: 6,868,884.500, E: | ||
2,407,135.005 Grid); | ||
(1) THENCE N 59°31'17" E, along the South line of said | ||
Cynthia L. Roe tract, on the centerline of said CR 506 (Lakeview | ||
Road), the North line of said PRA Prairie Ridge Development Corp. | ||
tract, and the North line of tract herein described, a distance of | ||
114.57 to a PK Nail set; | ||
(2) THENCE S 01°15'48" E, along the East line of tract herein | ||
described, a distance of 1,012.01 feet to a set 5/8" iron rod with | ||
Transystems cap for the Southeast corner of tract herein described, | ||
being on the North line of a 60' Easement and Right-of-Way to Brazos | ||
Electric Power Cooperative, Inc., as recorded in Volume 428, Page | ||
433, Deed Records, Johnson County Texas; | ||
(3) THENCE S 75°59'42" W, along the South line of tract | ||
herein described and the North line of said Brazos Electric tract, a | ||
distance of 102.52 feet to a set 5/8" iron rod with Transystems cap | ||
for the Southwest corner of tract herein described; | ||
(4) THENCE N 01°15'48" W, along the West line of tract herein | ||
described, a distance of 978.70 feet to the POINT OF BEGINNING, | ||
containing 2.285-acres (99,535 square feet) of land, more or less. | ||
NOTE: Basis of bearing is the Texas State Plane Coordinate | ||
System, North Central Zone (4202), North American Datum 1983 NAD | ||
83)(2007) with all distances adjusted to surface by project | ||
combined scale factor of 0.9998802448. | ||
SECTION 5. (a) The legal notice of the intention to | ||
introduce a bill to create the Prairie Ridge Municipal Management | ||
District No. 1, setting forth the general substance of Sections 3 | ||
and 4 of this Act, has been published as provided by law, and the | ||
notice and a copy of a bill to create the Prairie Ridge Municipal | ||
Management District No. 1 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 a bill to create the Prairie Ridge | ||
Municipal Management District No. 1 to the Texas Commission on | ||
Environmental Quality. | ||
(c) The Texas Commission on Environmental Quality has filed | ||
its recommendations relating to a bill to create the Prairie Ridge | ||
Municipal Management District No. 1 with the governor, lieutenant | ||
governor, and speaker of the house of representatives within the | ||
required time. | ||
(d) The general law relating to consent by political | ||
subdivisions to the creation of districts with conservation, | ||
reclamation, and road powers and the inclusion of land in those | ||
districts has been complied with. | ||
(e) 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 have been | ||
fulfilled and accomplished. | ||
SECTION 6. (a) Section 3954.104, Special District Local | ||
Laws Code, as added by this Act, takes effect only if this Act | ||
receives a two-thirds vote of all the members elected to each house. | ||
(b) If this Act does not receive a two-thirds vote of all the | ||
members elected to each house, Subchapter C, Chapter 3954, Special | ||
District Local Laws Code, as added by this Act, is amended by adding | ||
Section 3954.104 to read as follows: | ||
Sec. 3954.104. 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 Section 17(c), | ||
Article I, Texas Constitution. | ||
SECTION 7. This Act takes effect September 1, 2017. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 4303 was passed by the House on May | ||
19, 2017, by the following vote: Yeas 136, Nays 8, 2 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 4303 on May 26, 2017, by the following vote: Yeas 129, Nays 15, | ||
2 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 4303 was passed by the Senate, with | ||
amendments, on May 24, 2017, by the following vote: Yeas 29, Nays | ||
1, 1 present, not voting. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |