Bill Text: TX SB1116 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to the creation, administration, powers, duties, functions, operations, and financing of the Crystal Clear Special Utility District; providing authority to issue bonds; granting a limited power of eminent domain.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-06-14 - Effective immediately [SB1116 Detail]
Download: Texas-2013-SB1116-Enrolled.html
S.B. No. 1116 |
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relating to the creation, administration, powers, duties, | ||
functions, operations, and financing of the Crystal Clear Special | ||
Utility District; providing authority to issue bonds; granting a | ||
limited power of eminent domain. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle C, Title 6, Special District Local Laws | ||
Code, is amended by adding Chapter 7206 to read as follows: | ||
CHAPTER 7206. CRYSTAL CLEAR SPECIAL UTILITY DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 7206.001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "Commission" means the Texas Commission on | ||
Environmental Quality. | ||
(3) "Corporation" means the Crystal Clear Water Supply | ||
Corporation. | ||
(4) "Director" means a board member. | ||
(5) "District" means the Crystal Clear Special Utility | ||
District. | ||
Sec. 7206.002. NATURE OF DISTRICT. The district is a | ||
special utility district in Comal, Guadalupe, and Hays Counties | ||
created under and essential to accomplish the purposes of Section | ||
59, Article XVI, Texas Constitution. The district is created to | ||
serve a public use and benefit. | ||
Sec. 7206.003. CONFIRMATION ELECTION REQUIRED. If the | ||
creation of the district is not confirmed at a confirmation and | ||
initial directors' election held before September 1, 2016: | ||
(1) the district is dissolved on September 1, 2016, | ||
except that the district shall: | ||
(A) pay any debts incurred; | ||
(B) transfer to Comal, Guadalupe, or Hays County, | ||
as appropriate, any assets of the district that remain after the | ||
payment of debts; and | ||
(C) maintain the organization of the district | ||
until all debts are paid and remaining assets are transferred; and | ||
(2) this chapter expires September 1, 2017. | ||
Sec. 7206.004. APPLICABILITY OF OTHER LAW. Except as | ||
otherwise provided by this chapter, Chapters 49 and 65, Water Code, | ||
apply to the district. | ||
Sec. 7206.005. INITIAL DISTRICT TERRITORY. (a) The | ||
district is initially composed of the territory described by | ||
Section 2 of the Act creating this chapter. | ||
(b) The boundaries and field notes contained in Section 2 of | ||
the Act creating this chapter form a closure. A mistake made in the | ||
field notes or in copying the field notes in the legislative process | ||
does not affect: | ||
(1) the organization, existence, or validity of the | ||
district; | ||
(2) the right of the district to issue any type of | ||
bond, including a refunding bond, for a purpose for which the | ||
district is created or to pay the principal of and interest on a | ||
bond; or | ||
(3) the legality or operation of the district or the | ||
board of directors of the district. | ||
SUBCHAPTER A-1. TEMPORARY PROVISIONS | ||
Sec. 7206.021. TEMPORARY DIRECTORS. (a) The temporary | ||
board of directors of the district is composed of: | ||
(1) Dennis R. Krackau; | ||
(2) Jackie E. Carson; | ||
(3) Carroll U. Hoffmann; | ||
(4) Richard A. Hanz; | ||
(5) Jarold R. Hildebrand; | ||
(6) James R. Stewart; and | ||
(7) Michael L. Cox. | ||
(b) Each temporary director shall qualify for office as | ||
provided by Section 49.055, Water Code. | ||
(c) If a temporary director fails to qualify for office, the | ||
temporary directors who have qualified shall appoint a person to | ||
fill the vacancy. If at any time there are fewer than four | ||
qualified temporary directors, the commission shall appoint the | ||
necessary number of directors to fill all vacancies on the board. | ||
(d) Temporary directors serve until the earlier of: | ||
(1) the date initial directors are elected under | ||
Section 7206.022; or | ||
(2) the date this chapter expires under Section | ||
7206.003. | ||
(e) As soon as practicable after all the temporary directors | ||
have qualified under Section 49.055, Water Code, the temporary | ||
directors shall convene the organizational meeting of the district | ||
and elect officers from among the temporary directors. | ||
Sec. 7206.022. CONFIRMATION AND INITIAL DIRECTORS' | ||
ELECTION. (a) Before September 1, 2016, the temporary directors | ||
shall hold an election to confirm the creation of the district and | ||
to elect seven initial directors in accordance with Chapters 49 and | ||
65, Water Code. | ||
(b) The temporary board of directors shall determine the | ||
method for determining the initial term of each person on the | ||
initial board of directors. The terms must be clearly stated on the | ||
ballot for the confirmation and directors' election. | ||
(c) Section 41.001(a), Election Code, does not apply to a | ||
confirmation and directors' election held as provided by this | ||
section. | ||
(d) The initial directors shall continue to serve until the | ||
district directors elected at the first regularly scheduled | ||
election of directors under Section 7206.052 qualify for office. | ||
Sec. 7206.023. AMENDMENT OF CERTIFICATE OF CONVENIENCE AND | ||
NECESSITY; TRANSFER OF ASSETS; DISSOLUTION. (a) On the effective | ||
date of the Act enacting this chapter, all the territory described | ||
by Section 3 of the Act creating this chapter is removed from the | ||
territory covered by Certificate of Convenience and Necessity No. | ||
10297. The commission shall revise its records to reflect the | ||
removal of the described territory from that certificate's | ||
coverage, effective on that date, without further application, | ||
notice, or hearing. A person does not have any right of protest, | ||
objection, or administrative review of the revision prescribed by | ||
this subsection. The revision to Certificate of Convenience and | ||
Necessity No. 10297 is not contingent on the confirmation of the | ||
district under Section 7206.022. | ||
(b) If the creation of the district is confirmed under | ||
Section 7206.022, the corporation shall transfer the assets, debts, | ||
and contractual rights and obligations of the corporation to the | ||
district. Following the transfer of assets: | ||
(1) Certificate of Convenience and Necessity No. | ||
10297, as revised in accordance with Subsection (a), is considered | ||
to be held by the district; | ||
(2) the board of directors of the corporation shall | ||
begin dissolution proceedings of the corporation; and | ||
(3) the board of directors of the corporation shall | ||
notify the commission of the transfer of Certificate of Convenience | ||
and Necessity No. 10297 to the district. | ||
(c) On receipt of notice under Subsection (b)(3), the | ||
commission shall note in its records that Certificate of | ||
Convenience and Necessity No. 10297, as revised in accordance with | ||
Subsection (a), is held by the district and shall reissue the | ||
certificate in the name of the district without further | ||
application, notice, or hearing. A person does not have any right | ||
of protest, objection, or administrative review of the transfer | ||
prescribed by this section. | ||
Sec. 7206.024. EXPIRATION OF SUBCHAPTER. This subchapter | ||
expires September 1, 2017. | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 7206.051. DIRECTORS. (a) The district shall be | ||
governed by a board of not fewer than 5 and not more than 11 | ||
directors, elected in accordance with Section 65.101, Water Code. | ||
(b) The directors of the district serve staggered | ||
three-year terms. | ||
Sec. 7206.052. ELECTION OF DIRECTORS. After the district | ||
is confirmed under Section 7206.022, the district shall hold an | ||
election on the uniform election date in November of each year to | ||
elect the appropriate number of directors. | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 7206.101. GENERAL POWERS. (a) Except as otherwise | ||
provided by Subsection (b) and this chapter, the district has all of | ||
the rights, powers, privileges, authority, functions, and duties | ||
provided by the general law of this state, including Chapters 49 and | ||
65, Water Code, applicable to special utility districts created | ||
under Section 59, Article XVI, Texas Constitution. | ||
(b) Land included in the territory described by Section 4 of | ||
the Act creating this chapter may not be added to the district | ||
unless the landowner provides written consent. | ||
Sec. 7206.102. WATER SERVICE IMPACT FEE. (a) The district | ||
may charge a water service impact fee that is not greater than the | ||
capital recovery fee charged by the corporation on December 31, | ||
2012, under the corporation's tariff. | ||
(b) Chapter 395, Local Government Code, does not apply to an | ||
initial water service impact fee set under Subsection (a). | ||
(c) The district may increase the water service impact fee | ||
authorized under Subsection (a) only as provided by Chapter 395, | ||
Local Government Code, as approved by the commission, or as | ||
otherwise provided by law. | ||
Sec. 7206.103. EMINENT DOMAIN. (a) Except as provided by | ||
Subsection (b), the district has all the power and authority of a | ||
special utility district under Chapters 49 and 65, Water Code, to | ||
acquire by condemnation any land, easement, or other property | ||
located inside or outside the boundaries of the district for any | ||
district project or purpose. | ||
(b) The district may not exercise the power of eminent | ||
domain to condemn land, easements, or other property located | ||
outside the boundaries of the district for sanitary sewer purposes. | ||
Sec. 7206.104. SERVICES TO BE PROVIDED BY DISTRICT OR CITY | ||
OF NEW BRAUNFELS. (a) A structure constructed by the district in | ||
the corporate limits or extraterritorial jurisdiction of the City | ||
of New Braunfels must comply with any applicable codes and | ||
ordinances of the city. | ||
(b) The district may enter into an interlocal contract with | ||
the City of New Braunfels to provide governmental services, | ||
including drainage, solid waste, or fire protection services. | ||
(c) The district may not provide solid waste collection | ||
services in the corporate limits of the City of New Braunfels unless | ||
the governing body of the city consents by resolution or ordinance. | ||
(d) The district may not provide fire protection services in | ||
the corporate limits or extraterritorial jurisdiction of the City | ||
of New Braunfels unless the governing body of the city consents by | ||
resolution or ordinance. | ||
SECTION 2. The Crystal Clear Special Utility District | ||
initially includes all the territory contained in the following | ||
area: | ||
BEING that portion of Comal, Guadalupe, and Hays Counties, | ||
Texas, which has a boundary more particularly described as follows: | ||
BEGINNING at a point in Guadalupe County where the centerline of the | ||
San Marcos River crosses the centerline of U.S. Highway 90; | ||
THENCE in a southeasterly direction, with a line being 5,000 feet | ||
east of and parallel to County Road 217 (Highsmith Road), to a point | ||
in the north right-of-way line of Interstate Highway 10; | ||
THENCE with the north right-of-way line of Interstate Highway 10, | ||
in a westerly direction, to a point at its intersection with the | ||
east boundary line of Springs Hill WSC CCN #10666; | ||
THENCE following the Springs Hill WSC CCN #10666 boundary line in a | ||
northerly, westerly, then southerly direction, until it intersects | ||
with the north right-of-way line of Interstate Highway 10; | ||
THENCE with the north right-of-way line of Interstate Highway 10, | ||
in a westerly direction, to its intersection with the east City | ||
Limit Line of Seguin, Texas; | ||
THENCE with the City Limit Line of Seguin, Texas, in a northerly, | ||
then westerly direction, to its intersection with an eastern line | ||
of the City of Seguin CCN #10698; | ||
THENCE with the City of Seguin CCN #10698 line, in a northerly | ||
direction, to a point at its intersection of the Springs Hill WSC | ||
CCN #10666 boundary; | ||
THENCE with the boundary of Springs Hill WSC CCN #10666 in a | ||
northerly direction to the City Limit Line of Seguin, Texas; | ||
THENCE with the City Limit Line of Seguin, Texas, in a northerly, | ||
then westerly direction, to its intersection with the eastern | ||
boundary of Springs Hill WSC CCN #10666; | ||
THENCE meandering with the boundary line of Springs Hill WSC CCN | ||
#10666 in a northwesterly direction to a point on the east boundary | ||
line of the 810.54 acre tract of land described in the deed to | ||
Normandy Terrace, Inc. recorded in the Guadalupe County Deed | ||
Records; | ||
THENCE with the eastern boundary of the 810.54 acre Normandy | ||
Terrace Inc. tract in a northern direction to its northeast corner; | ||
THENCE with the northern boundary of the 810.54 acre Normandy | ||
Terrace Inc. tract in a westerly direction to the centerline of | ||
Guadalupe County Road 140 (Schwarzlose Rd.); | ||
THENCE with the centerline of Guadalupe County Road 140 | ||
(Schwarzlose Rd.), in a southerly direction to its intersection | ||
with the boundary line of New Braunfels Utility CCN #10677; | ||
THENCE with the boundary line of the New Braunfels Utility CCN | ||
#10677, in a westerly, then northwesterly direction, crossing the | ||
Comal County and Guadalupe County Line to its intersection with the | ||
City Limits Line of New Braunfels, Texas; | ||
THENCE with the City Limits Line of New Braunfels, Texas, in an | ||
northeasterly, then northwesterly direction to a south corner of a | ||
75.805 acre tract of land described in a deed to State of Texas FBO | ||
Permanent School Fund recorded in Document # 200506039320, of the | ||
Comal County Deed Records; | ||
THENCE with the southeast line of the 75.805 acre State of Texas FBO | ||
Permanent School Fund tract to its east corner, said east corner | ||
being on the southwest line of the 119.882 acre tract described in a | ||
deed to Marvin Kraft, Jr., et al, recorded in Book 1015, Page 444, | ||
of the Comal County Deed Records; | ||
THENCE with the northeast line of the 75.805 acre State of Texas FBO | ||
Permanent School Fund tract and the west line of the 119.882 acre | ||
Kraft tract, to the west corner of the 119.882 acre Kraft tract; | ||
THENCE with the northern and eastern property boundaries of the | ||
119.882 acre Kraft tract to its east corner, same being the south | ||
corner of a 1,015.537 acre tract of land described in a deed to the | ||
State of Texas FBO Permanent School Fund recorded in Document | ||
#200506041691, of the Comal County Deed Records; | ||
THENCE with the southern and northeastern property boundary of the | ||
1,015.537 acre State of Texas FBO Permanent School Fund tract to a | ||
point on the east right-of-way of Interstate Highway 35 for its | ||
north corner; | ||
THENCE with the east right-of-way line of Interstate Highway 35, in | ||
a southwesterly direction, to its intersection with an eastern | ||
boundary of the City Limit Line of New Braunfels, Texas; | ||
THENCE with the City Limit Line of New Braunfels, Texas, in a | ||
northwesterly and southwesterly direction to its intersection with | ||
the northeast line of the 2.545 acre tract of land described in a | ||
deed to Hitzfelder Family Partners LTD recorded in Book 98060, Page | ||
1608, of the Comal County Deed Records; | ||
THENCE with the northeast line of the 2.545 acre Hitzfelder Family | ||
Partners LTD tract, in a northwest direction to its north corner and | ||
to an east corner of a 20.009 acre tract of land described in a deed | ||
to HPT TA Properties Trust recorded in Document #200706011233, of | ||
the Comal County Deed Records; | ||
THENCE with the northeast line of the 20.009 acre HPT TA Properties | ||
Trust tract, in a northwest direction, to its north corner and to an | ||
east corner of a 10.182 acre tract of land described in a deed to Rip | ||
Griffin Truck Service Center, Inc. recorded in Book 97060, Page | ||
27464, of the Comal County Deed Records; | ||
THENCE with the northeast line of the 10.182 acre Rip Griffin Truck | ||
Center, Inc. tract, in a northwest direction, to its north corner | ||
and to the east corner of a tract of land described in a deed to | ||
Margyline Hitzfelder recorded in Book 181, Page 617, in the Comal | ||
County Deed Records; | ||
THENCE with the northeast line of the Margyline Hitzfelder tract, | ||
in a northwest direction, to a south corner of a 17.71 acre tract of | ||
land described in a deed to Papes Family Farm LTD recorded in | ||
Document #200406007834, in the Comal County Deed Records; | ||
THENCE with a southeast line of the 17.71 acre Papes Family Farm LTD | ||
tract of land, in a northeast direction, to its east corner on the | ||
southwest line of a 44.29 acre tract of land described in a deed to | ||
Papes Family Farm, LTD., recorded in Document #200406007834, in the | ||
Comal County Deed Records; | ||
THENCE with the boundary of the 44.29 acre Papes Family Farm LTD | ||
tract in a southeast, northeast, then northwest direction, to its | ||
north corner and the west corner of a 230.695 acre tract of land | ||
described in a deed to John A., Teresa J. and Andrea J. Ladshaw | ||
recorded in Book 762, Page 008, of the Comal County Deed Records; | ||
THENCE with a north line of a 230.695 acre tract, in a northeast | ||
direction, to its north corner and a west corner of a 9.785 acre | ||
tract of land described in a deed to John A. Ladshaw recorded in | ||
Book 378, Page 799, in the Comal County Deed Records; | ||
THENCE with the boundary of the 9.785 acre John A. Ladshaw tract, in | ||
a northeast and southeast direction, to its east corner on the west | ||
right-of-way of Interstate Highway 35; | ||
THENCE with the west right-of-way line of Interstate Highway 35 in a | ||
northeasterly direction to a south corner of the 288.433 acre tract | ||
of land described in a deed to Southstar of Havenwood, LLC, recorded | ||
in Document #201206016391, of the Comal County Deed Records; | ||
THENCE with the meanders of the southern and western boundary of the | ||
288.433 acre Southstar of Havenwood, LLC, tract, in a western | ||
direction, to its east corner on the southeast right-of-way line of | ||
F.M. 1102; | ||
THENCE across F.M. 1102 and with the northwest right-of-way line of | ||
F.M. 1102 in a northeasterly direction to the south corner of Unit | ||
#1 of the Havenwood at Hunter's Crossing Subdivision recorded in | ||
Document #200606015745, of the Comal County Deed Records; | ||
THENCE with the southwestern boundary of Unit #1 of the Havenwood at | ||
Hunter's Crossing Subdivision, in a northwest direction, to the | ||
south corner of Unit #2 of the Havenwood at Hunter's Crossing | ||
Subdivision recorded as Document #200606040000, of the Comal County | ||
Deed Records; | ||
THENCE with the southwest line of Unit #2 of the Havenwood at | ||
Hunter's Crossing Subdivision to a point on the southeast | ||
right-of-way of Beaver Lane, said southeast right-of-way of Beaver | ||
lane being the south boundary of Unit #4 of the Havenwood at | ||
Hunter's Crossing Subdivision recorded as Document #200706047038, | ||
of the Comal County Deed Records; | ||
THENCE with the boundary of Unit #4 of the Havenwood at Hunter's | ||
Crossing Subdivision, in a southwest, northwest, then northeast | ||
direction, to the north corner of Unit #4 and the west corner of | ||
Unit #3 of the Havenwood at Hunter's Crossing Subdivision recorded | ||
as Document #200606046131, of the Comal County Deed Records; | ||
THENCE with the boundary of Unit #3 of the Havenwood at Hunter's | ||
Crossing Subdivision, in a northeast, southeast, then southwest | ||
direction, to the east corner of Unit #2 of the Havenwood at | ||
Hunter's Crossing Subdivision recorded as Document #200606040000, | ||
of the Comal County Deed Records; | ||
THENCE with the boundary of Unit #2 of the Havenwood at Hunter's | ||
Crossing Subdivision, in a southwest, then southeast direction, to | ||
a north corner of Unit #1 of the Havenwood at Hunter's Crossing | ||
Subdivision recorded as Document #200606015745, of the Comal County | ||
Deed Records; | ||
THENCE with the eastern boundary of Unit #1 of the Havenwood at | ||
Hunter's Crossing Subdivision, in a southeast direction, to its | ||
southeast corner on the northeast right-of-way line of F.M. 1102; | ||
THENCE with the northwest right-of-way line of F.M. 1102, in a | ||
northeasterly direction, merging into F.M. 2439; | ||
THENCE with the northwest right-of-way line of F.M. 2439 in a | ||
northeasterly direction and crossing the Comal County and Hays | ||
County Line to the east corner of a 79.748 acre tract of land | ||
described in a deed to Flying W Properties LTD recorded in Book | ||
3257, Page 704, of the Hays County Deed Records; | ||
THENCE across and perpendicular to F.M. 2439 in a southeasterly | ||
direction to the southeast right-of-way line of F.M. 2439; | ||
THENCE with the southeast right-of-way line of F.M. 2439, in a | ||
northeast direction, to a west corner of a 2.65 acre tract of land | ||
described in a deed to Frank and Jacqueline Brakley recorded in Book | ||
2835, Page 823, of Hays County Deed Records; | ||
THENCE with the southwestern boundary of the 2.65 acre Frank and | ||
Jacqueline Brakley tract, in a southeast direction, to its south | ||
corner in the northwest right-of-way line of the Union Pacific | ||
Railroad; | ||
THENCE in a southeasterly direction and crossing the Union Pacific | ||
Railroad right-of-way and a tract of land described in a deed to | ||
Flying W Properties LTD to the north corner of a 83.73 tract of land | ||
described in a deed to Fred W. Heldenfels, IV recorded in Book 1974, | ||
Page 368, of the Hays County Deed Records and also a point in the | ||
western boundary of the City Limits of San Marcos, Texas; | ||
THENCE with the western boundary of the City Limits Line of San | ||
Marcos, Texas, in a southeasterly direction to its intersection | ||
with the City of San Marcos CCN #10298; | ||
THENCE with the City of San Marcos CCN #10298 in a southeasterly | ||
direction to its intersection with the centerline of Hays County | ||
Road 265 (Francis Harris Lane); | ||
THENCE with the centerline of Hays County Road 265 in a southerly | ||
and southeasterly direction to a southwest corner of a tract of land | ||
described in a deed to Albert Dale Jonas recorded in Book 1530, Page | ||
16, of Hays County Deed Records; | ||
THENCE with the south line of the Albert Dale Jonas tract in an | ||
easterly direction to a point on the Hays County and Guadalupe | ||
County Line; | ||
THENCE along the Hays County and Guadalupe County Line in a | ||
northeasterly direction to its intersection with the southern | ||
boundary of the City of San Marcos CCN # 10298; | ||
THENCE meandering with the boundary line of City of San Marcos CCN | ||
#10298 in a northeasterly direction to its intersection with the | ||
City Limits of San Marcos, Texas, and same point being the western | ||
corner of a 100.00 Acre Tract of land conveyed to Cottonwood Creek | ||
JDR, LTD. by Warranty Deed in Volume 2008, Page 0867, of the | ||
Guadalupe County Deed Records; | ||
THENCE with the City Limits of San Marcos, Texas, and around the | ||
western, southern, and eastern perimeter of said 100.00 Acre Tract | ||
to its intersection with the City of San Marcos CCN #10295 southern | ||
boundary line same being the Hays County and Guadalupe County Line; | ||
THENCE with the southern boundary of the City of San Marcos CCN | ||
#10298 in a northeasterly direction to a point at its intersection | ||
with the City Limits Line of San Marcos, Texas; | ||
THENCE with the boundary of the City Limits Line of San Marcos, | ||
Texas, in a southeasterly, then northeasterly direction to a point | ||
at its intersection with the western boundary line of the | ||
Martindale WSC CCN # 10312; | ||
THENCE with the western boundary line of the Martindale WSC CCN | ||
#10312 in a southeasterly direction to a point, said point being the | ||
northern corner of the western boundary of the Tri-Community WSC | ||
CCN #10313 and said point being located along the San Marcos River; | ||
THENCE with the San Marcos River in a southerly direction to a point | ||
at its intersection with F.M. 1977, said point also being located | ||
along the western boundary of the Tri-Community WSC CCN #10313; | ||
THENCE with the western boundary of the Tri-Community WSC CCN | ||
#10313 in a southeasterly direction to a point, said point being the | ||
most southerly corner of CCN #10313 and being located in the San | ||
Marcos River; | ||
THENCE with the San Marcos River in a southeasterly direction to the | ||
POINT OF BEGINNING. | ||
WHICH above described territory includes that land lying and being | ||
situated in ALL OR PORTIONS of the following surveys: | ||
IN GUADALUPE COUNTY, TEXAS: John Wells Survey, Abstract No. 509; | ||
John Wells Survey, Abstract No. 435; James P. Hector Survey, | ||
Abstract No. 353; James Murphy Survey, Abstract No. 237; Robert | ||
Smith Survey, Abstract No. 286; Jose Ramon Bedford Survey, Abstract | ||
No. 5; Magarita Cherino Survey, Abstract No. 10; Antonio Maria | ||
Esnaurizar Survey, Abstract No. 20; James Hodges Survey, Abstract | ||
No. 148; Samuel Williams Survey, Abstract No.37; Edward C. Pettus | ||
Survey, Abstract No. 264; Josias Randolph Survey, Abstract No. 276; | ||
Martin Ussery Survey, Abstract No. 324; Joel W. Robinson Survey, | ||
Abstract No. 275; James M. Bell Survey, Abstract No. 75; Samuel | ||
Highsmith Survey, Abstract No. 25; Henry R. Hunt Survey, Abstract | ||
No. 150; Uzziel Wakefield Survey, Abstract No. 327; Frederick | ||
Happle Survey, Abstract No. 156; James A. Swift Survey, Abstract | ||
No. 292; John Tom Survey, Abstract No. 316; Carlos Espalier Survey, | ||
Abstract No. 129; Charles Hall Survey, Abstract No. 162; Matthew | ||
Besore Survey, Abstract No. 61; William Griffin Survey, Abstract | ||
No. 136; Andrew Neill Survey, Abstract No. 256; John Ussery Survey, | ||
Abstract No. 323; James H. Thomas Survey, Abstract No. 311; Robert | ||
Scobey Survey, Abstract No. 290; Churchill Fulchear Survey, | ||
Abstract No. 130; Young Seltoon Survey, Abstract No. 293; Loria | ||
Billings Survey, Abstract No. 55; W. Riley Wood Survey, Abstract | ||
No. 345; John McGrabb Survey, Abstract No. 242; Jacob A. Miller | ||
Survey, Abstract No. 231; William G. Hunt Survey, Abstract No. 149; | ||
J. G. King Survey, Abstract No. 208; William P. King Survey, | ||
Abstract No. 207; Robert Hall Survey, Abstract No. 158; Harriet | ||
Cottle Survey, Abstract No. 13; Geo. Blair Survey, Abstract No. 50; | ||
J. Hampton Kuykendall Survey, Abstract No. 199; Michael Miller | ||
Survey, Abstract No. 219; William H. Hunter Survey, Abstract No. | ||
152; Edwin R. Kellett Survey, Abstract No. 198; Robert M. | ||
Cartwright Survey, Abstract No. 83; James Latham Survey, Abstract | ||
No. 209; Robert Smith Survey, Abstract No. 33; John B. Cowan Survey, | ||
Abstract No. 84; J. Benton Johnson Survey, Abstract No. 191; | ||
William Burnett Survey, Abstract No. 73; Uzziel Wakefield Survey, | ||
Abstract No. 326; Michael Cody Survey, Abstract No. 99; Michael | ||
Cody Survey, Abstract No. 86; Edward Pettus Survey, Abstract No. | ||
31; William J. Ragsdale Survey, Abstract No. 268; Solomon Barnes | ||
Survey, Abstract No. 56; John Jones Survey, Abstract No. 189; | ||
Gustavus Chatwell Survey, Abstract No. 85; James W. Keller Survey, | ||
Abstract No. 201; George Allen Survey, Abstract No. 1; Charles | ||
Henderson Survey, Abstract No. 147; Christoval Rubio Survey, | ||
Abstract No. 274; Wm. Perkins Survey, Abstract No. 263; James | ||
Nashley Survey, Abstract No. 254; H. E. Jordt Survey, Abstract No. | ||
195; Wm. Perkins Survey, Abstract No. 263; James B. Cowan Survey, | ||
Abstract No. 81; John Wells Survey, Abstract No. 339; Cyrus | ||
Campbell Survey, Abstract No. 8; Andrew Mitchell Survey, Abstract | ||
No. 220; S. A. & M. G. R. R. Co. Survey, Abstract No. 308; Benjamin & | ||
Graves Fulcher Survey, Abstract No. 21; James T. Murphy Survey, | ||
Abstract No. 233; and | ||
In COMAL COUNTY, Texas: Antonio Maria Esnaurizar Survey, Abstract | ||
No. 1;Orilla Russell Survey, Abstract No. 485; Nancy Kenner Survey, | ||
Abstract No. 306; Samuel Craft Sr. Survey, Abstract No. 98; and | ||
And in HAYS COUNTY, Texas: Samuel Craft Sr. Survey, Abstract No. 89; | ||
Antonio Maria Esnaurizar Survey, Abstract No. 6; John Owens Survey, | ||
Abstract No. 356; Thomas Bell Survey, Abstract No. 47; and Charles | ||
Henderson Survey, Abstract No. 226. | ||
SECTION 3. The territory to be removed from Certificate of | ||
Convenience and Necessity No. 10297, as provided by Subsection (a), | ||
Section 7206.023, Special District Local Laws Code, as added by | ||
this Act, includes all of the territory contained in the following | ||
area: | ||
151.846 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: a 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 being the same 28.477 acres of land conveyed to the State | ||
of Texas for use and benefit of the Permanent School fund from RS | ||
New Braunfels, Ltd., a Texas limited partnership dated October 14, | ||
2005 and recorded in Document No. 200506039324 of the Official | ||
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 being the same 27.474 acre tract conveyed to the | ||
State of Texas for the use and benefit of the Permanent School Fund | ||
from Mary Evelyn Freeman, dealing in her separate property, dated | ||
October 14, 2005 and recorded in Document No. 200506045048 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 also being the same 20.035 acres conveyed to the | ||
State of Texas for use and benefit of the Permanent School Fund from | ||
Doracille Kohlenberg, an unmarried woman, dated October 14, 2005 | ||
and recorded in Document No. 200506039319 of the Official Public | ||
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 being the same 74.803 acre tract conveyed | ||
to the State of Texas for the use and benefit of the Permanent | ||
School fund from (i) Karen Wesch Hestand, formerly known as Karen | ||
Wesch, and (ii) Foye Cooley, each dealing in her separate property, | ||
dated October 14, 2005 and recorded in Document No. 200506039321 of | ||
the Official Public 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, and being a portion of said 1.002 acre tract as | ||
conveyed to the State of Texas for the use and benefit of the | ||
Permanent School Fund from Karen Wesch Hestand and husband, Herbert | ||
Hoyt Hestand, dated October 14, 2005 and recorded in Document No. | ||
200506039320 of the Official Public Records of Comal County, Texas, | ||
said 151.846 acres of land being more particularly described as | ||
follows: | ||
BEGINNING: at 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 20.035 acre; (Grid N = | ||
13,820,305.66, Grid E = 2,267,616.06, Scale factor of 1.00014 for | ||
surface adjustment); | ||
THENCE: (1) 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: (2) SOUTH 45 deg. 19' 36" East, a distance of 610.43 | ||
feet along the Northeast line of this parcel 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: (3) 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: (4) NORTH 53 deg. 45' 08" West, a distance of 631.50 | ||
feet along the Northeast line of this parcel and the Southwest line | ||
of 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: (5) 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: (6) 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: (7) 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: (8) 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: (9) 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: (10) 83.60 feet along the arc of a curve to the right, | ||
having a radius of 22784.31 feet, and a central angle of 00 deg. 12' | ||
37", and whose chord bears North 31 deg. 32' 30" East, a distance of | ||
83.60 feet to a found 1/2" iron pin being the Northernmost corner of | ||
this parcel and said 28.632 acre tract and the Westernmost corner of | ||
a 28.500 acre tract as recorded in Document No. 9806027705 of the | ||
Official Public Records of Comal County, Texas; | ||
THENCE: (11) SOUTH 42 deg. 31' 00" East, a distance of 3408.67 | ||
feet along the Northeast line of this parcel and said 28.632 acre | ||
tract and the Southwest line of said 28.500 acre tract to a found | ||
1/2" iron pin in the Northeast line of a 119.882 acre tract as | ||
recorded in Volume 1015, Page 444 of the Official Public Records of | ||
Comal County, Texas, and being the Easternmost corner of this | ||
parcel and said 28.632 acre tract and the Southernmost corner of | ||
said 28.500 acre tract; | ||
THENCE: (12) 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, 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: (13) 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: (14) 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: (15) 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 this parcel | ||
and said 74.44 acre tract and the Westernmost corner of said 3.000 | ||
acre tract; | ||
THENCE: (16) 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: (17) 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: (18) 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: (19) 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: | ||
(20) 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; | ||
(21) NORTH 34 deg. 38' 01" West, a distance of 102.61 feet to | ||
a found concrete highway monument (Type I) being an angle point; | ||
(22) NORTH 44 deg. 39' 10" West, a distance of 149.81 feet to | ||
a found concrete highway monument (Type I) being an angle point; | ||
(23) NORTH 32 deg. 12' 31" West, a distance of 223.04 feet to | ||
a found concrete highway monument (Type I) being an angle point; | ||
(24) NORTH 17 deg. 45' 14" West, a distance of 210.69 feet to | ||
a found concrete highway monument (Type I) being an angle point; | ||
(25) 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 | ||
(26) 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 being the POINT OF BEGINNING, | ||
containing 151.846 acres of land. | ||
SECTION 4. The territory that may not be added to the | ||
district without written consent of the landowner, as provided by | ||
Section 7206.101, Special District Local Laws Code, as added by | ||
this Act, includes all of the territory contained in the following | ||
area: | ||
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. | ||
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" West, 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" West, 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 5. (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 6. (a) Section 7206.103, 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 7206, Special | ||
District Local Laws Code, as added by Section 1 of this Act, is | ||
amended by adding Section 7206.103 to read as follows: | ||
Sec. 7206.103. 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. | ||
(d) If another state agency, including the Public Utility | ||
Commission of Texas, succeeds to the power, authority, duties, or | ||
jurisdiction of the Texas Commission on Environmental Quality for | ||
any matter addressed by this Act, then any reference in this Act to | ||
the Texas Commission on Environmental Quality as to those matters | ||
means the successor agency. All compensation owed to the Crystal | ||
Clear Water Supply Corporation under Section 13.254, Water Code, | ||
whether liquidated or not, for the area decertified by order of the | ||
Texas Commission on Environmental Quality under Application No. | ||
37192-C, and all claims, causes of action, choses in action, | ||
rights, benefits, and interest are considered an asset of the | ||
corporation, and on transfer of the assets of the corporation to the | ||
district, such claims, causes of action, choses in action, rights, | ||
benefits, interest, and compensation is owed to, and accrues to, | ||
the district. | ||
SECTION 7. 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. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1116 passed the Senate on | ||
April 25, 2013, by the following vote: Yeas 30, Nays 0; and that | ||
the Senate concurred in House amendment on May 25, 2013, by the | ||
following vote: Yeas 30, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1116 passed the House, with | ||
amendment, on May 22, 2013, by the following vote: Yeas 147, | ||
Nays 1, two present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |